NEW MOD/MFA DEMARCHED ON NEED FOR RAPID GOH

UNCLAS TEGUCIGALPA 000522 SIPDIS SENSITIVE SIPDIS STATE FOR PM/RSAT, PM/PPA, WHA/PPC, AND WHA/CEN E.O. 12958: N/A TAGS: MARR MASS PREL PGOV KPKO HO SUBJECT: NEW MOD/MFA DEMARCHED ON NEED FOR RAPID GOH RESPONSE ON ARTICLE 505 DIP NOTE EXCHANGE REF: A. 05 STATE 226253 ¶B. EMAIL BROWN/COFFEE/WILLIARD 01/9-13/06 ¶C. 05 STATE 127979 ¶D. 05 STATE 111757 ¶E. 05 STATE 1575 ¶F. USDAO TEGUCIGALPA HO 271814Z JUL 05 ¶1. (SBU) Post has to-date received a noncommittal diplomatic note acknowledging receipt of the diplomatic note 010. ¶2. (SBU) On February 7th, PolOff delivered demarche ref A and talking points in English and Spanish on GPOI and the exchange of the Article 505 agreement diplomatic notes to Minister of Defense (MOD) Aristides Mejia. On February 16th, MILGP, DAO, and PolOff met MOD Mejia to further discuss Article 505/GPOI. MOD Mejia was generally supportive, but he wanted the MOD's legal advisor to review it. (Note: At this time the legal advisor had yet not been appointed. End note.) EmbOffs emphasized the importance of MOD assisting MFA's understanding of Article 505/GPOI and gaining acceptance for it. ¶3. (SBU) On February 16th, the same demarche was delivered to MFA VM Enrique Reina. On February 24th, MILGP, DAO, and PolOff followed-up with VM Reina, Director of Bilateral Affairs Alan Oviedo, Director General of Treaties Ivonne Bonilla, MOD General Auditor Armando Estrada, and MFA Ambassador Tomas Arita Valle to discuss questions and concerns and to emphasize the benefits of prompt acceptance. The MOD representative expressed general support but said they wanted some terms better defined, particularly "transfer". ¶4. (SBU) The GOH is aware that the substance of the dip note cannot change in their response. The GOH is aware that El Salvador and Guatemala have already exchanged dip notes, and that the USG is seeking rapid agreement from the GOH. Bonilla asked Estrada for a read-out of Article 505/GPOI. VM Reina said they expect to have a response soon, hopefully within a few weeks' time. Post is skeptical that the GOH will have a reply ready so soon as the MOD legal advisor has just been appointed. ¶5. (SBU) MILGP is working closely with the MOD for acceptance so that MFA can then send a diplomatic acceptance note. ¶6. (SBU) Comment: The GOH will likely accept Article 505/GPOI, but is moving at a tedious pace. Besides the fact that the new Administration is still getting itself organized, the major concern seems to be over more concrete definition of "transfer". MOD Estrada was quick to mention that the agreement makes clear that there is a need to ask for permission to transfer but not to ask permission for maintenance done by a third country. Basically, they do not see them as one in the same. VM Reina stated that GOH would send the Embassy a revised version of the agreement, but PolOff emphasized that substance could not change. (Note: SOUTHCOM has recently informed Post that other CFAC countries have had no nor have issues with dip. note language. End note.) As discussed in ref B e-mails, Post previously sought guidance for more concrete definitions as this is an ongoing issue with a separate end-use monitoring issue, but the ambiguity seems to remain despite Post's best efforts to clarify. End Comment. Ford