RESERVATIONS ON PROPOSED TEXT OF PROTECTIONS FOR

C O N F I D E N T I A L SANTIAGO 002499

SIPDIS

SIPDIS

STATE FOR WHA/BSC, PM

E.O. 12958: DECL: 12/05/2016
TAGS: MOPS MARR PREL CI
SUBJECT: RESERVATIONS ON PROPOSED TEXT OF PROTECTIONS FOR
DOD PERSONNEL IN CHILE FOR CY 2007 EXERCISES

REF: A. SANTIAGO 2453


B. SANTIAGO 2362

C. STATE 184559

D. 05 SANTIAGO 0415

Classified By: Deputy Chief of Mission Emi L. Yamauchi for reasons 1.4(
b) and (d).


1. This is an action request. See paragraph 6.


2. (C) Summary: Foreign Ministry Legal Affairs advisor
Alejandra Quezada told Poloff November 30 the GOC had nearly
completed its legal review of the USG's request for
protections for DOD personnel temporarily in Chile for agreed
upon exercises and exchanges during calendar year 2007 (ref
C). The reftel C instruction to ask for written rather than
verbal assurances on military travel permissions, uniforms,
and arms, has triggered a careful review of the proposal.
Quezada predicted the GOC would require DOD personnel to be
explicitly accredited to the Embassy, rather than accorded
status equivalent to that accorded to the administrative and
technical staff of the Embassy, as in 2006. Despite past
practice, written assurances allowing DOD personnel to wear
military uniforms or carry weapons must strictly adhere to
Chilean legal and constitutional restrictions. The request
to allow DOD personnel to enter and depart Chile with U.S.
military ID and orders was also under legal review. Quezada
did not offer when the GOC would complete its review. End
Summary.


3. (C) Foreign Ministry Special Policies Officer Pablo
Castro contacted Poloff November 30. Castro informed that
Legal Affairs had questioned whether the intent of USG
Diplomatic Note 417 of November 9, 2006 (ref C),was to allow
U.S. military personnel to carry arms at all times while in
Chile. Poloff clarified that the language -- "...that United
States personnel be authorized to wear uniforms while
performing official duties, and to carry arms while on duty
if authorized to do so by their orders." -- would not/not
authorize U.S. personnel to carry arms "while not on duty."
Poloff further clarified that arms would only be brought into
Chile with prior coordination with and authorization from
relevant Chilean authorities.


4. (C) Poloff contacted Legal Affairs advisor Alejandra
Quezada to pass the same message directly. Quezada stated
that the Foreign Ministry's legal review of the U.S.'s
proposed exchange of diplomatic notes was nearly concluded,
and that Legal Affairs would soon be issuing its
recommendations to Special Policies. Foreign Ministry
Director General Carlos Portales was closely following the
review and had instructed that any dispensations or
permissions granted in the exchange of notes be "in strict
accordance with Chilean law."


5. (C) Quezada cautioned that the language on diplomatic
protections in Embassy note number 417 (ref C),to "...accord
status equivalent to that accorded to the administrative and
technical staff of the Embassy..." would have to be revised.
The MFA did not have the authority to accord "equivalent
status" and, as a result DOD personnel temporarily in Chile
would have to be accredited to the Embassy. Quezada offered
that the language used in earlier diplomatic notes (ref D),
"...granting United States personnel accreditation as
administrative and technical personnel of the Embassy within
the framework of the Vienna Convention..." would still be
acceptable.


6. (C) Action Request: In light of the foregoing exchange,
Post seeks guidance on whether Quezada's insistence that DOD
personnel would be required to be accredited to the Embassy
is acceptable.


KELLY