CHILE: FOREIGN MINISTRY OFFICIAL DISCUSSES ICC

C O N F I D E N T I A L SANTIAGO 000562 SIPDIS SIPDIS E.O. 12958: DECL: 03/20/2016 TAGS: PREL AORC PTER MARR CI SUBJECT: CHILE: FOREIGN MINISTRY OFFICIAL DISCUSSES ICC RATIFICATION AND PSI REF: A. STATE 42173 ¶B. SANTIAGO 241 ¶C. SANTIAGO 130 ¶D. SANTIAGO 91 ¶1. (U) Director for Special Policies at Chile's Foreign Ministry, Ambassador Luis Winter, told EPOL Counselor and Poloff that the Chilean Congress would likely ratify the International Criminal Court (ICC) at an early opportunity. Winter said the GOC would also introduce legislation allowing it to negotiate Status of Forces (SOFA) agreements, but could not offer a timetable. Winter noted that Chile's participation in the Proliferation Security Initiative (PSI) is linked to the broader mutual security agreement proposed by the GOC in January (ref D). LIKELY DELAY ON SOFA WITH CHILE -------------- ¶2. (C) In the context of discussions about CICTE VI (septel),EPOL Counselor delivered ref A points to Ambassador Winter on March 16. Winter said the GOC would introduce draft legislation into Congress allowing the executive to negotiate Status of Forces agreements (SOFA) on a routine basis, but that the change of administration had left timing uncertain. Winter said the Ministry of Defense (MOD) was pressing for this authority, given its regular and increasing military exchanges with the U.S. and several European countries. Winter said the MOD was also very concerned about potential sanctions under the American Servicemembers' Protection Act (ASPA) once Chile ratified the ICC. ¶3. (C) Winter said that Chile's participation in PSI also hinged on this legislation. The broader security agreement Chile has proposed (ref D) includes PSI, and depends on the authority to conclude SOFAs and other security agreements. He noted that the GOC under Lagos had granted immunities to U.S. military personnel on exercises in Chile only through June 2006 (ref B) in part to focus the new administration's attention on this issue early in its term. Winter said new FM Foxley would be taking the SOFA issue up in the next weeks. He counselled that the U.S. wait for developments before seeking protections for exercises occuring in the second half of 2006, but that he foresaw no problem in extending the immunities once again. ICC IN THE CARDS, CHILE HOPING TO TRUMP -------------- ¶4. (C) Winter said early ratification of the ICC was all but assured. He noted that Chile was the only Latin American signatory yet to ratify, and said the EU was "calling in its chit" and pressing Chile hard on ratification. The objections from Chile's right, based on fear the ICC would be used to prosecute historic abuses, had been overcome. Winter said ICC provisions for proactive application and preference for national trials as the first resort, and Pinochet's fading star, had removed the obstacles to ratification in Chile. ¶5. (C) Winter volunteered that he had been following closely Senate hearings and the New York Times articles about modifying application of the American Servicemembers' Protection Act for allies. Winter said he felt Chile deserved special treatment given the nature of the bilateral relationship with the U.S. If it were his decision, he would delay Chile's ratification of the ICC until a solution to the sanctions issue were found, but he thought it unlikely Congress would accept much further delay. KELLY