JAMAICAN GOVERNMENT AGREES TO STATUS OF FORCES

UNCLAS KINGSTON 000614

SIPDIS

SIPDIS

STATE FOR L/PM (TMITCHELL),WHA/CAR (WBENT)
DEPARTMENT PLEASE ALSO PASS TO PENTAGON FOR OSD/ISA/WHA
(MMACMURRAY)

E.O. 12958: N/A
TAGS: MARR MOPS PREL KTIA JM
SUBJECT: JAMAICAN GOVERNMENT AGREES TO STATUS OF FORCES
AGREEMENT FOR TRADEWINDS

REF: A. SECSTATE 20960


B. GOERTZ/BENT 3/07 FAX

C. FADDIS/SOUTHCOM 3/07 FAX

D. MITCHELL/BENT 3/16 E-MAIL

E. FRENCH/MITCHELL 3/23 E-MAIL


1. Late on March 20, Embassy Kingston received Diplomatic
Note 358/803/3 from the Government of Jamaica accepting the
amended Status of Forces Agreement (SOFA) for the Tradewinds
exercise in response to our Diplomatic Note 085/06 dated
March 17, accepting the Government of Jamaica's proposed
amendments to the SOFA.


2. Post sent the text of the Diplomatic Note 358/803/3 to
Theresa Mitchell and Daphne Cook in L via e-mail (Ref E).
Post sent the original Diplomatic Note 358/803/3 from the
Government of Jamaica and certified copies of the prior,
related Diplomatic Notes to Daphne Cook via Registered
Diplomatic Pouch (5032063).


3. Text of the diplomatic note is as follows:


Begin text:


The Ministry of Foreign Affairs and Foreign Trade presents
its compliments to the Embassy of the United States of
America and has the honour to refer to the latter,s Note No.
051/06 dated 17th February 2006, which transmitted the text
of an agreement on additional privileges and immunities which
would apply to the United States military and civilian
personnel of the United States Department of Defense
(collectively referred to as United States personnel) who may
be present in Jamaica in connection with Exercise Tradewinds
2006 (25th March ) 7th April),hereafter referred to as the
agreed activities. The privileges and immunities are
additional to those provided to the visiting force of a
designated state under the Visiting Forces Act 1975.

The Ministry agrees that the Embassy,s Note and the
Ministry,s reply as follows shall constitute an agreement:

The Government of Jamaica agrees that United States personnel
may enter and exit Jamaica with United States identification
and with collective movement or individual travel orders and
such personnel shall be authorized to wear uniforms while
performing official duties. United States personnel may
deploy with all authorized unit and individual equipment and
shall be permitted to carry weapons when their orders call
for it.

The Government of Jamaica agrees that if Jamaican authorities
detain any United States personnel, the Jamaican authorities
shall immediately notify the Embassy in Jamaica. Jamaican
and United States military police investigators shall
cooperate in the investigation of any crime believed to have
been committed by or against United States personnel. It
shall be the responsibility of United States personnel to
respect the laws of Jamaica and to abstain from any
activity inconsistent with the spirit of this agreement.
Authorities of the Government of the United States of America
shall take necessary measures to that end.

The Government of Jamaica acknowledges that it will exempt
from inspection and taxation on products, services, property,
material, equipment, vehicles, vessels and aircraft imported
into, acquired in, or exported from Jamaica by or on behalf
of the United States Government or United States personnel in
connection with agreed activities; and that the parties shall
cooperate in taking such steps as shall be necessary to the
security of United States personnel and property in Jamaica.

The Government of Jamaica further agrees that title to United
States Government property (such as equipment, material,
supplies, and other property) imported into or acquired in
Jamaica by or on behalf of the United States armed forces in
connection with agreed activities shall remain with the
United States government, which may remove such property from
Jamaica at any time, free from export duties, taxes, and
other charges. The exemption provided in this paragraph shall
also extend to any duty, tax or other charge that is assessed
upon such property after importation into or acquisition in
Jamaica. Such property may be removed from Jamaica, or
disposed of therein, provided that disposition of such
property in Jamaica to persons or entities not entitled to
exemption from applicable taxes or duties shall be subject to
payment of such taxes and duties by such persons or entities.
Baggage, personal effects, and other property for the
personal use of United States personnel present in Jamaica in
connection with agreed activities may be imported into and
exported from Jamaica free of all inspections.

The Government of Jamaica further accepts that vehicles,
vessels, and aircraft owned or operated by or for the United
States armed forces present in Jamaica in connection with
agreed activities shall not be subject to the payment of
landing or port fees, pilotage charges, navigation,
overflight or parking charges, or lighterage or harbour dues
while in Jamaica; however, the United States armed forces
shall pay reasonable charges for services requested and
received. Maintenance, control, and security of equipment
are the responsibility of the United States Government.
Jamaican authorities shall accept as valid, without a driving
fee or test, driving licenses or permits issued by the
appropriate United States authorities to United States
personnel for the operation of vehicles. United States
personnel in Jamaica shall enjoy freedom of movement and
shall be enabled to undertake those activities deemed
necessary for the performance of their mission. Vehicles
owned by the United States need not be registered, but shall
have appropriate identification markings.

The Government of Jamaica shall accept as valid professional
licenses issued by the appropriate United States Government
authorities to United States personnel.

The Government of Jamaica shall accept full responsibility
for, and shall hold the United States Government harmless
from, any and all claims arising from the use of projects
constructed, or in the process of being constructed in whole
or in part, during exercise or other agreed activities of
United States personnel present in Jamaica pursuant to the
terms of this agreement.

The Government of Jamaica agrees with the Embassy that both
governments shall waive any and all claims (other than
contractual claims) against each other for personal injury to
or death of their military or civilian personnel, or for
damage, loss, or destruction of the other,s property arising
out of the activities covered by this agreement. The United
States Government shall pay, in accordance with United States
law, fair and reasonable compensation in settlement of
meritorious claims by third parties arising out of acts
or omissions of United States personnel or which are
otherwise incident to agreed activities of the United States
armed forces under this agreement.

The Government of Jamaica accepts that the United States
armed forces and United States personnel present in Jamaica
in connection with agreed activities may use water,
electricity, and other public utilities and facilities on
terms and conditions, including rates and charges no less
favourable than those available to the Jamaican armed forces,
in like circumstances, unless otherwise agreed. The
Government of Jamaica shall, upon request, assist United
States authorities in obtaining water, electricity, and other
public utilities and facilities.

Jamaican authorities shall permit the United States armed
forces and United States personnel present in Jamaica in
connection with agreed activities to use radio communications
for the conduct of the official duties of the United States
personnel. The responsible Jamaican authorities shall notify
the United States armed forces of the radio frequencies to be
used for local and international official duties.

The Government of Jamaica acknowledges that in the event that
agreed activities involve the use of contractors, the United
States government may award contracts for the acquisition of
articles and services, in accordance with its laws and
regulations. The United States government shall have the
right to choose such contractors, and United States
contractors and their employees who are not normally resident
in Jamaica shall be accorded the same privileges as United
States armed forces and civilian personnel with regard to the
export, import, and acquisition of goods and equipment for
official use.

Additional arrangements as may be necessary may be entered
into by the appropriate authorities of the two governments.

If the foregoing is acceptable to the Embassy of the United
States, the Government of Jamaica agrees that the Embassy,s
Note No 085/06 of March 17, 2006 and this Note in reply shall
constitute an agreement between the two governments, which
shall enter into force on the date of the Ministry,s reply.

The Ministry of Foreign Affairs and Foreign Trade avails
itself of this opportunity to renew to the Embassy of United
States of America the assurances of its highest consideration.

Embassy of United States of America
KINGSTON
20th March 2006

End text.
JOHNSON