Identifier
Created
Classification
Origin
06SANTIAGO235
2006-02-02 21:23:00
CONFIDENTIAL
Embassy Santiago
Cable title:  

DEFENSE MINISTER SHOWS NO FLEXIBILITY ON ARTICLE

Tags:  PGOV PREL MARR MASS OVIP CI 
pdf how-to read a cable
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C O N F I D E N T I A L SANTIAGO 000235 

SIPDIS

SIPDIS

E.O. 12958: DECL: 01/28/2016
TAGS: PGOV PREL MARR MASS OVIP CI
SUBJECT: DEFENSE MINISTER SHOWS NO FLEXIBILITY ON ARTICLE
98, SEEKS ALTERNATIVE RESOLUTION

REF: SANTIAGO 00130

Classified By: Ambassador Craig Kelly for reasons 1.4(b) and (d).

C O N F I D E N T I A L SANTIAGO 000235

SIPDIS

SIPDIS

E.O. 12958: DECL: 01/28/2016
TAGS: PGOV PREL MARR MASS OVIP CI
SUBJECT: DEFENSE MINISTER SHOWS NO FLEXIBILITY ON ARTICLE
98, SEEKS ALTERNATIVE RESOLUTION

REF: SANTIAGO 00130

Classified By: Ambassador Craig Kelly for reasons 1.4(b) and (d).


1. (C) Summary: On January 25, Chilean Minister of Defense
Jaime Ravinet told DOD Assistant Secretary for International
Security Affairs Peter Rodman that he did not see how the GOC
could negotiate an Article 98 agreement of the kind we were
seeking. Recognizing that sanctions under the American
Servicemembers Protection Act (ASPA) would be triggered by
Chile's impending ratification of the International Criminal
Court (ICC),Ravinet said the impact of sanctions on Chile's
defense capabilities would be negligible. However, Ravinet
said the GOC was deeply concerned that ICC ratification could
damage the overall U.S. - Chile bilateral relationship.
Rodman urged Ravinet to remain flexible on the Article 98
question and to continue exploring different approaches as
proposed by A/S Rademaker. End Summary.



2. (U) OSD A/S Rodman called on Chilean Minister of Defense
Ravinet on January 25, during the January 24-25 Defense
Consultative Committee talks in Santiago. A/S Rodman was
accompanied by the Ambassador, DASD Pardo-Maurer, Southcom
J-5 General Stearns, DATT, and MILG Commander. Ravinet was
accompanied by Undersecretary for War Gaspar, Undersecretary
for Aviation Parra, Undersecretary of the Navy Garcia, Chief
of National Defense Admiral Huerta, and Advisor to the
Undersecretary for War Ruz.

YES TO THE ICC, NO TO ARTICLE 98
--------------


3. (C) MOD Ravinet told A/S Rodman that the Chilean Congress
would first pass a constitutional amendment allowing Chile to
ratify the ICC soon after the Bachelet administration and new
Congress take office on March 11. A vote on actual
ratification might be 4 - 5 months down the road. Ravinet
said he did not see how the GOC could negotiate a
non-surrender agreement of the kind he thought we were
seeking, because of likely strong Congressional opposition to
such an agreement. Nor did he see a possibility for an
executive agreement that bypassed Congress. Ravinet
acknowledged this would trigger sanctions under ASPA, but
noted the modest amounts of U.S. bilateral aid affected could
be replaced by other potential donors.

PROTECTING THE RELATIONSHIP
--------------


4. (C) Ravinet went on to say, "What worries Chile is the
future relationship with the U.S. once the (ICC) treaty is
ratified." He expressed concern for what Chile sees as
potentially increasing instability in the region, and said
the U.S. and Chile should further strengthen their strategic
relationship. Ravinet said the GOC was working on a Status
of Forces Agreement (SOFA) framework, which could be used as
a model for Chile's mil-to-mil relations with several key
countries. (Post note: Chile has no SOFA with any country.)
The GOC was interested in concluding a long-term SOFA with
the U.S. The Ambassador interjected that we warmly welcome a
SOFA, but the SOFA and an Article 98 agreement were distinct,
and that a SOFA would not resolve the Article 98 issue. A/S
Rodman recommended to Ravinet that Chile not ratify the ICC
before a solution to the Article 98 impasse was in place and
urged him to consider the possible formulations put forward
earlier by A/S Rademaker and to be flexible in his thinking.
Rodman discouraged any Chilean assumption that some dues ex
machine (i.e., MNNA status) would let Chile off the hook; the
USG needed some progress on Article 98.


5. (C) Comment: Ravinet's statements reinforce the message
transmitted by Chilean MFA Director General Carlos Portales
in a digital video conference with Assistant Secretary of
State Rademaker on January 18 (ref A): Chile is eager to
avoid damage to the bilateral relationship from its impending
ICC ratification, but is showing no flexibility at this point
on an Article 98 agreement.


6. (U) This message was cleared by the Office of the
Secretary of Defense.

SIPDIS
KELLY