Identifier
Created
Classification
Origin
06SANTIAGO2581
2006-12-18 10:59:00
CONFIDENTIAL//NOFORN
Embassy Santiago
Cable title:  

CHILE TO REQUIRE ACCREDITATION OF DOD ELEMENTS TO

Tags:  MOPS MARR PREL CI 
pdf how-to read a cable
VZCZCXYZ0015
PP RUEHWEB

DE RUEHSG #2581/01 3521059
ZNY CCCCC ZZH
P 181059Z DEC 06
FM AMEMBASSY SANTIAGO
TO RUEHC/SECSTATE WASHDC PRIORITY 0567
INFO RHMFISS/HQ USSOUTHCOM MIAMI FL PRIORITY
RUEKJCS/SECDEF WASHDC PRIORITY
C O N F I D E N T I A L SANTIAGO 002581 

SIPDIS

SIPDIS
NOFORN

STATE FOR WHA/BSC, PM

E.O. 12958: DECL: 12/16/2016
TAGS: MOPS MARR PREL CI
SUBJECT: CHILE TO REQUIRE ACCREDITATION OF DOD ELEMENTS TO
MISSION, SOFA LEGISLATION STILL PENDING

REF: A. SANTIAGO 02499


B. SANTIAGO 02453

C. SANTIAGO 02362

D. STATE 184559

E. SANTIAGO 01281

F. SANTIAGO 00241

G. 05 SANTIAGO 00821

H. 05 STATE32217

I. 05 SANTIAGO 00406

J. 05 STATE 29133

K. 05 SANTIAGO 00392

L. 04 STATE 247760

M. 04 SANTIAGO 02650

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 002581

SIPDIS

SIPDIS
NOFORN

STATE FOR WHA/BSC, PM

E.O. 12958: DECL: 12/16/2016
TAGS: MOPS MARR PREL CI
SUBJECT: CHILE TO REQUIRE ACCREDITATION OF DOD ELEMENTS TO
MISSION, SOFA LEGISLATION STILL PENDING

REF: A. SANTIAGO 02499


B. SANTIAGO 02453

C. SANTIAGO 02362

D. STATE 184559

E. SANTIAGO 01281

F. SANTIAGO 00241

G. 05 SANTIAGO 00821

H. 05 STATE32217

I. 05 SANTIAGO 00406

J. 05 STATE 29133

K. 05 SANTIAGO 00392

L. 04 STATE 247760

M. 04 SANTIAGO 02650

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


1. (C) Summary: Foreign Ministry Legal Affairs reiterated
December 14 that the MFA does not have legal authority to
extend diplomatic status or protections "equivalent to" those
of Mission administrative and technical personnel to DOD
personnel temporarily in Chile for exercises or military
exchange programs -- only Congress has that authority. The
MFA is willing to accredit DOD personnel to the Embassy as
was done in 2004 for POTUS' participation in the APEC Summit,
and in 2005 for the first year using this mechanism to
provide protections for regular DOD-sponsored activities in
Chile. The draft law authorizing the GOC to negotiate Status
of Forces Agreements (SOFAs) without Senate approval has not
yet been submitted to Congress. Congressional approval could
take two years. End Summary.


2. (C) Poloff contacted Foreign Ministry Legal Affairs
Advisor Alejandra Quezada December 14 to confirm Post's
understanding (ref A) the GOC would require us to accredit to
the Embassy DOD personnel in Chile temporarily for exercises.
The MFA does not have legal authority to extend "equivalent
status," according to Quezada. Legal Affairs had completed
its legal review of the U.S. proposal, prompted by the change
in language from last year requesting written guarantees for
wearing uniforms, carrying arms, and travel to and from Chile
on U.S. ID and travel orders (ref D). Legal Affairs Director
Claudio Troncoso would brief the findings to Foreign Ministry
Director General Carlos Portales. She estimated Post would
receive the MFA's formal reply before the second week in

January.


3. (C) Quezada said that the draft law allowing the GOC to
negotiate SOFAs had been packaged and "given a number" for
introduction to Congress by the Presidency's Secretariat
General. However, the Secretariat had not yet submitted the
package to Congress, nor could Quezada estimate when it would
be introduced. Quezada opined that given the complexity and
scope of the legislative proposal, once submitted to Congress
"it could take a couple of years" for it to be finally
approved.

BACKGROUND
--------------


4. (C) Post notes that the GOC likely considers that it
never explicitly accepted the formulation of "equivalent
status." MFA Diplomatic Note 21124 of November 17, 2004 (ref
M) granted status to DOD and other personnel supporting POTUS
participation in the APEC Summit. In that note, the GOC
stated these personnel would be accredited to the Embassy as
administrative and technical personnel, and be authorized to
carry weapons, wear uniforms, and enter and exit Chile on
U.S. ID and travel orders -- conditions the U.S. accepted in
ref L.


5. (C) For CY 2005 DOD activities in Chile, Post submitted
Embassy Diplomatic Note 033, dated February 18, 2005 (refs J
and K),which contained the "equivalent status" formulation.
The GOC replied (ref I) that "the GOC could, with regard to
the operations to take place soon, consent to grant such
personnel the privileges and immunities established by the
Vienna Convention on Diplomatic Relations of 1961 for
administrative and technical personnel of diplomatic
missions. If the proposed terms are acceptable to the
Embassy, the Embassy should proceed to accredit the mentioned
personnel with the Ministry of Foreign Relations." This note
did not grant authority to carry weapons, wear uniforms, or
enter and exit Chile on U.S. ID and travel orders. The
Department authorized Post to accept the terms of MFA
Diplomatic Note 2722 (ref H),with the caveat that Post
obtain verbal assurances to the effect that U.S. personnel
would be granted the authority to carry weapons, wear
uniforms, enter and exit Chile on U.S. ID and travel orders

-- assurances which were subsequently obtained. Pursuant to
this agreement, Post provided to the MFA for accreditation
complete lists of participants in DOD-sponsored activities in
Chile in 2005.


6. (C) In 2006, however, the GOC dropped the explicit
reference to accreditation: MFA Diplomatic Note 886 of
January 27, 2006 and 8775 of June 7, 2006 (refs E and F)
contained language stating "...the Ministry of Foreign
Relations agrees to grant to the above mentioned personnel,
for the period // March through June // July through December
// of the current year, the regime of privileges and
immunities established by the Vienna Convention on Diplomatic
Relations of 1961 for administrative and technical personnel
of diplomatic missions." Post did not provide participants
lists in DOD-sponsored activities in Chile to the MFA for
accreditation in 2006, but did provide complete lists to the
Chilean military for coordination. At Post's urging, GOC
officials provided verbal assurances that DOD personnel would
be allowed to carry weapons and wear uniforms while on duty.
They did NOT/NOT provide such assurances about the entry and
exit from Chile on U.S. ID and travel orders, as reported in
ref E.


7. (C) Comment: One could argue that the MFA, by dropping
language requiring accreditation in the diplomatic note
exchanges in 2006, tacitly accepted the U.S. request for
"equivalent status." But that would be a stretch and Post
finds it unlikely that DG Portales will reject the MFA Legal
Affairs' interpretation. We expect the MFA's formal response
to track with what Quezada told us December 14. Neither is
Congress likely to pass SOFA-enabling legislation in time to
provide protections for CY 2007 DOD activities in Chile.

KELLY