BULGARIA: NEGOTIATING TEAMS AGREE ON BASING TEXT

C O N F I D E N T I A L SECTION 01 OF 02 SOFIA 000454

SIPDIS

SIPDIS

STATE FOR EUR AND PM - AMBASSADOR LOFTIS

E.O. 12958: DECL: 03/28/2016
TAGS: MARR PGOV PREL KPAO BU
SUBJECT: BULGARIA: NEGOTIATING TEAMS AGREE ON BASING TEXT

REF: SOFIA 0121

Classified By: Ambassador John Beyrle for reasons 1.4 a and d.


1. (C) SUMMARY. An interagency negotiating team led by
PM/SNA Senior Advisor Ambassador Robert Loftis reached
agreement "ad referendum" with the GOB on all articles of the
Defense Cooperation Agreement March 23. The U.S. team
preserved USG red lines in all areas including freedom of
action (or operational flexibility) and criminal
jurisdiction. The issue of nuclear weapons is not mentioned
in the agreement, but will be addressed in an unclassified
exchange of side letters referring to the NATO-Russia
Founding Act. Both sides hope to be ready for a signing
ceremony at the informal NATO ministerial in Sofia April
27-28. To achieve this, the English and Bulgarian texts must
be conformed in time for approval by the Council of Ministers
at its weekly meeting on April 20. END SUMMARY.


2. (C) During the March 22-23 negotiating session in Sofia,
the U.S. and Bulgarian delegations agreed on the text of a
combined supplemental Status of Forces Agreement (SOFA) and
Defense Cooperation Agreement (DCA),referred to as the
"Agreement Between the Government of the United States of
America and the Government of the Republic of Bulgaria on
Defense Cooperation." In addition to the provisions already
settled in previous rounds (reftel),agreement was reached on
the following articles:

IV. Use of Facilities and Areas: This is the core of the
agreement, giving the United States access to agreed
Bulgarian military facilities. The Article notes that
military activities will be undertaken "with consultation and
consideration of the views of both Parties." The Article
does not/not commit the United States to prior consultations
or give the Bulgarians the right of veto over U.S. action.


V. Prepositioning of Defense Equipment, Supplies and
Materiel: Bulgaria had wanted to explicitly address the
non-stationing of nuclear weapons in the text of the
agreement, but agreed to an exchange of letters to adress
the issue. (See paragraph 4).

IX. Movemnt of Aircraft, Vessels and Vehicles: United State
military aircraft will not/not be required to py overflight
or navigation fees or landing/parkin fees at government
airports, and United States essels will not be required to
pay harbor dues, ilotage fees, lighterage charges, etc., at
military ports.


X. Criminal Jurisdiction: Bulgaria agrees to waive its
primary right to exercise jurisdiction under the NATO SOFA
over members of the U.S. force alleged to have committed a
crime not arising out of their official duty, while reserving
the right to recall the waiver in specific cases of
particular importance to the GOB. This provision is similar
to those in supplemental SOFA agreements with many other NATO
and PfP allies.

XXXII. Labor


3. (SBU) A team of U.S. experts visited Sofia March 21 to
hold technical discussions with their Bulgarian counterparts
on labor issues. This visit was helpful in focusing
negotiations that resulted in agreed text on prohibiting
strikes by local civilian employees of U.S. forces and
preserving the right of U.S. forces to terminate local
employees' employment in accordance with U.S. military
requirements. The negotiated text also provides that
procedures related to the employment of local national
employees will be developed by a Joint Subcommittee on labor
matters taking into account applicable Bulgarian and United
States laws and regulations.


4. (C) Nuclear weapons are not mentioned in the DCA, however,
in response to a GOB request, both sides agreed to address
the issue in an unclassified exchange of letters noting the
language of the NATO-Russia Founding Act.


5. (SBU) During this session, both sides agreed to work
quickly to conform the English and Bulgarian versions of the
DCA in preparation for a signing ceremony at the informal
NATO ministerial in Sofia April 27-28. In order to
accomplish this, the texts must be conformed and in final
form for approval by the Council of Ministers at its weekly
meeting on April 20. After signing, the agreement must be
ratified by Bulgaria's parliament. The agreement makes

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specific references to thirteen implementing arrangements,
which will be tasked to EUCOM to draft and negotiate.


6. (C) COMMENT. This agreement, while not yet approved by
the Council of Ministers or ratified by Bulgaria's
parliament, demonstrates the GOB's desire to deepen
Bulgaria's strategic partnership with the United States. Now
that text has been agreed upon, senior GOB officials appear
ready to launch a public affairs campaign in favor of the
agreement. Ambassador Beyrle and Bulgarian negotiator
Ambassador Ivanov held a joint press conference March 24 to
formally announce agreement on the text. Journalists focused
on the expected issues of freedom of movement, criminal
jurisdiction, and economic benefits. The Embassy and MFA
have agreed on a standard set of talking points to address
these issues. Such efforts, coordinated with our ongoing
public diplomacy campaign, hold the promise of increasing
public support and dispelling widely-held misperceptions
surrounding the future U.S. military presence in Bulgaria.
END COMMENT.


7. (U) Ambassador Loftis has cleared this message.
Beyrle