AMBASSADOR DISCUSSES VENEZUELA'S UNSC CANDIDACY,

C O N F I D E N T I A L SANTIAGO 000577

SIPDIS

SIPDIS

E.O. 12958: DECL: 03/20/2016
TAGS: PREL PGOV UNSC MARR MOPS CI HA
SUBJECT: AMBASSADOR DISCUSSES VENEZUELA'S UNSC CANDIDACY,
ICC RATIFICATION, SOFA, AND OTHER ISSUES WITH ACTING FM VAN
KLAVEREN

REF: A. SECRETARY 3

B. SANTIAGO 0562

C. SANTIAGO 0541

D. SANTIAGO 0516

E. SANTIAGO 0514

F. SANTIAGO 0488

G. SANTIAGO 0447

H. SANTIAGO 0429

I. SANTIAGO 0384

J. STATE 42173

K. STATE 37552

L. STATE 27174

Classified By: Ambassador Craig A. Kelly. Reasons: 1.4 (b and d).


1. (C) Summary: Acting Foreign Minister Alberto Van Klaveren
told the Ambassador on March 20 that Chile had not taken a
position on Venezuela's UNSC candidacy. Van Klaveren said
the Bachelet administration was interested in pursuing a
long-term SOFA with the U.S. and other countries. He
observed that Congress would ratify the International
Criminal Court soon and commented that an Article 98
agreement "was highly and politically improbable." Van
Klaveren acknowledged President Bachelet's commitment to
secure an extension of Chilean troops in Haiti beyond June

2006. Van Klaveren expressed familiarity with U.S. IPR
concerns and confirmed the that the GOC was reviewing the
Lagos administration's decision to accept Cuban migrants at
GTMO. The Ambassador also reviewed U.S. concerns on Hamas
and the GOC's unfair and discriminatory import practices for
Embassy administrative and technical personnel. End summary.


2. (U) The Ambassador called on Acting Foreign Minister
Alberto Van Klaveren on March 20. Van Klaveren was
accompanied by MFA North American Affairs Desk Officer
Beatriz de la Fuente. The Ambassador was accompanied by DCM
and Poloff.

Invitation to the White House
--------------


3. (C) The Ambassador opened by noting the Secretary's
successful visit to Chile to attend President Michelle
Bachelet's inauguration ceremony. He described the
Secretary's meetings with President Bachelet and former

SIPDIS
President Lagos as positive, and reiterated our desire to
work closely with the Bachelet administration during the next
four years. The Ambassador noted the President's invitation
for Bachelet to come to the White House on June 8 (ref. A).
Van Klaveren said that President Bachelet welcomed the
invitation, and expressed hope the GOC would have an official
response shortly.

Venezuela's UNSC Candidacy
--------------


4. (C) The Ambassador reiterated the USG's strong views on
Venezuela's candidacy for the UNSC seat (refs. B-I) and
pressed Van Klaveren on Chile's position. Van Klaveren
reiterated that the Bachelet administration had not yet made
a decision. The Ambassador underlined that a vote for
Venezuela would greatly complicate much of the important work
that Chile and the U.S. could do together in the future.

Status of Forces Agreement (SOFA)
--------------


5. (C) The Ambassador acknowledged the exchange of diplomatic
notes granting DOD personnel protections for military
exercises during 2005, and for those up through June 2006.
He expressed appreciation for the GOC's draft proposal for a
long-term SOFA, and said Washington was interested in
concluding such (ref. J). The Ambassador asked Van Klaveren
when the GOC intended to introduce to Congress legislation
allowing the executive branch to conclude SOFA agreements.
Van Klaveren confirmed the GOC was interested in pursuing a
long-term SOFA with the U.S. and other countries. He said it
was in Chile's "own self-interest" to do so, given its
important military relations with the U.S. and European
countries. (Comment: It is unclear whether the Chileans are
considering pursuing individual SOFAs with each country, or a
single, umbrella SOFA to cover all countries. End comment.)
Van Klaveren did not know when the GOC would submit the


legislation, but expressed hope it would be soon.

ICC/Article 98
--------------


6. (C) Van Klaveren said he was familiar with past
discussions regarding SOFAs, ICC ratification and the
American Servicemembers' Protection Act (ASPA). He
acknowledged that he and other Chilean officials were
following closely recent statements by U.S. administration
officials and members of Congress regarding ASPA sanctions
and the impact they could have on U.S. military relations
with certain countries in the region. Van Klaveren asked if
a SOFA would avert a cut-off of U.S. military assistance to
Chile. The Ambassador said ASPA was U.S. law, reiterated our
interest in concluding an Article 98 agreement, and asked if
the Bachelet administration would be willing to conclude such
an agreement.


7. (C) Van Klaveren said the new Congress would likely ratify
the ICC "very soon." After noting that the Lagos
Administration had delayed a decision on ICC ratification to
allow the U.S. and Chile to work out a satisfactory solution,
Van Klaveren said "we do not want to push the issue, but
sooner or later it (ICC ratification) will go to Congress and
will pass." He reiterated (as have several high-ranking GOC
officials) that there is a consensus in Chile in favor of ICC
ratification and added that some new members of Congress will
"insist on a vote" soon. Van Klaveren said there is "no
political support" for an Article 98 agreement and, in his
view, it was "highly improbable" that Congress would approve
such an agreement.

Haiti
--------------


8. (C) The Ambassador said the Secretary was pleased that
President Bachelet was committed to extending the presence of
Chilean troops in Haiti beyond June 2006. Van Klaveren
nodded, described Bachelet's recent meeting in Santiago with
Haitian President-elect Preval as "positive," and expressed
hope that Chile and the U.S. would continue to cooperate in
Haiti in the future.

Cuban Migrants
--------------


9. (C) The Ambassador noted that the Lagos Administration had
agreed in principle to accept for resettlement 27 protected
Cuban migrants from Guatanamo Bay, but that further movement
would be postponed until the Bachelet government had the
opportunity to reaffirm the overall decision. Van Klaveren
confirmed that the appropriate Chilean ministries were
reviewing the matter.

Hamas
--------------


10. (C) The Ambassador told Van Klaveren it was important for
the international community to send a unified message
regarding our expectations of the new Palestinian government
(refs. K-L). Noting that he and EPOL Counselor had raised
our concerns with former FM Walker and current MFA Director
for Middle East Affairs Palma, the Ambassador reiterated our
request that the GOC not receive Hamas delegations. Van
Klaveren acknowledged receipt of the U.S. position.

IPR
---


11. (U) The Ambassador noted that Chile's weak and unwilling
protection of patents, copyrights and trademarks was the main
cloud hanging over the otherwise successful U.S.-Chile FTA.
Van Klaveren said he was familiar with our concerns, since
they were shared by the EU (Note: Van Klaveren was Chile's
Ambassador to the EU before being tapped to be Deputy FM.
End note.)

A&T Status/Import Restrictions
--------------


12. (U) The Ambassador conveyed our concerns about Chile's
unfair and discriminatory import restrictions on Embassy


administration and technical personnel, and the GOC's
unwillingness to exempt U.S. personnel from paying Chile's 19
percent value-added (IVA) tax. Van Klaveren said he was not
personally familiar with the issue, but he would discuss the
matter with the Foreign Ministry's Protocol department. The
Ambassador suggested it might be more useful to discuss the
matter with the Finance Ministry. Van Klaveren agreed, but
laughingly said "it would be easier" to discuss it with
MFA/Protocol.
KELLY