PARAGUAY: GUIDANCE ON NEGOTIATING A SOFA

C O N F I D E N T I A L ASUNCION 000037

SIPDIS

SIPDIS

L/PM FOR THOMAS HEROLD, DOD FOR MICHAEL MACMURRAY (ISA/WHA)
AND LTC DANIEL MCDONALD (ISA/WHA),NSC FOR JOSE CARDENAS,
SOUTHCOM FOR POLAD

E.O. 12958: DECL: 01/02/2027
TAGS: KTIA MARR MASS MOPS PGOV PREL PA
SUBJECT: PARAGUAY: GUIDANCE ON NEGOTIATING A SOFA

REF: A. STATE 3985

B. 06 ASUNCION 1195

C. 06 ASUNCION 1158

D. 10/24/06 MERZ/READ EMAIL

E. 06 ASUNCION 1023

F. 06 ASUNCION 1020

Classified By: DCM Michael J. Fitzpatrick; Reasons 1.4(b),(d)

1) (U) Action Request. See para. 5.

2) (C) SUMMARY: Post shared draft SOFA text stressing the
importance we attach to securing privileges and immunities
identified in the text to maintain and strengthen
U.S.-Paraguayan military cooperation. Senior GOP officials
signaled serious interest in forging an agreement, suggesting
they would like to see the President send up to Congress a
draft U.S. agreement together with a request to extend the
Argentine and Brazilian agreements. The President has not
opined on this approach, but if he decides to back it he
would likely want to make the case Paraguay is extending the
same privileges and immunities to all and expect them to look
similar. GOP representatives conveyed specific concerns
about elements contained in our text that are not reflected
in the Argentine/Brazilian agreements. Post requests
guidance that will enable us to protect our redlines and
address GOP concerns to the extent possible - thus giving our
SOFA text a chance to win the necessary Presidential and
Congressional support. END SUMMARY.


3. (C) Vice-President advisor Juan Facetti and the new
Commander of the Armed Forces Bernardino Soto both expressed
strong interest in renegotiating a new agreement with the
U.S. on military cooperation. According to Facetti,
Vice-President Castiglioni would like President Duarte to
send up a new draft U.S. agreement together with extension of
the expired Argentine and Brazilian agreements (see ref D) to
Congress when it reconvenes in March. The President made the
decision to reject in October 2006, the U.S. draft agreement,
provided last summer on the basis of a mixture of bad advice,
domestic political concerns, and regional pressure. If he
were to reconsider, it would likely only be on the basis he
could make the argument Paraguay is extending the U.S.
privileges and immunities comparable to what Argentina and
Brazil receive in their agreements, an argument that
generally sells well to Congress.


4. (C) In meeting with POL Chief, Facetti and MFA lawyer
Ernesto Velasquez suggested using the Argentine/Brazilian
agreements as the broad framework for a U.S. agreement,
cutting out those articles they considered superfluous and/or
folding in those provisions we need to see. They maintained
this would allow the VP to make the case to the President
that the U.S. agreement, while comparable to the
Argentine/Brazilian agreements, is more comprehensive and
ultimately better. More specifically they made the following
points:

-- The Argentine/Brazilian agreements are significantly
shorter and thinner in terms of the privileges and immunities
they speak to directly. "Technicians" ) vs. "troops" who
would presumably be armed and require a separate Senate
authorization to enter -- are accorded the immunities and
privileges accorded to administrative and technical personnel
of the respective Embassies. To the extent U.S. personnel
enter unarmed, they too could be considered "technicians."

-- The Argentine/Brazilian agreements make no reference to
specific exercises. Rather they cover military cooperation
more broadly occurring over a defined period of time (five
years). This approach provides maximum flexibility to
schedule exercises without having to go back to the
Paraguayan Congress.

-- The U.S. SOFA text articulates a variety of privileges
relating to tax exemption. According to MFA lawyer
Velasquez, these privileges are already accorded by
definition to individuals accorded A&T status and/or attached
to the U.S. Embassy by virtue of existing legislation
elaborating privileges accorded to diplomatic missions.
Facetti and Velasquez questioned whether the U.S. needed to
stipulate these privileges again in our SOFA, concerned that
by doing we draw attention of President and Congress to a
significant point of departure with the Argentine/Brazilian
agreements.
-- The Argentine/Brazilian agreements stipulate that
technicians shall bear passports and visas accorded to
technical and administrative staff. Our SOFA text stipulates
U.S. personnel can enter with U.S. identification. This
distinction will not be lost on Congress. Facetti and
Velasquez asked if we could look at stipulating U.S.
personnel would enter with a passport and a visa as required
under Paraguayan law.

-- The Argentine/Brazilian agreements stipulate that joint
operations involving "troops" vice "technicians" will require
separate Senate authorization. It also stipulates that such
exercises will be commanded by the Paraguayan Armed Forces
Commander. POL Chief flagged this would be problematic for
the U.S. Facetti and Velasquez are confident Paraguay's
Congress will insist this is matter of sovereignty. On the
understanding U.S. military personnel entering Paraguay for
activities envisioned for the immediate future fall into the
category of technicians and not troops, we could seek to
avoid this debate altogether by stipulating we will seek, as
appropriate, authorization from the Senate that speaks to
this issue if/when we look to bring in troops (e.g. for a
Fuerzas Comando or New Horizon exercise). Ultimately, as a
workaround, Facetti and Velasquez queried whether we could
live with language that would allow/commit the Paraguayan
Commander to name a U.S. counterpart to jointly share command
responsibilities.

-- The Paraguayans signaled some sensitivity about the
question of access to the radio spectrum. While we have
never addressed it before in prior agreements, we have never
had a problem acquiring the kind of access we need. They
were concerned raising it formally in an agreement that goes
before Congress will only give opponents one more pretext to
go after our agreement.

-- MFA lawyer Velazquez conveyed sensitivity about the
extension of A&T privileges and immunities to U.S. government
contractors. He signaled some flexibility on the question of
tax exemption for contractors but said Paraguay would have a
problem with according to contractors immunities
traditionally accorded to government officials assuming
administrative and technical functions.


5. (C) COMMENT AND ACTION REQUEST: The Vice-President is
seeking to convince the President to reconsider submitting a
U.S. agreement to Congress at the same time they seek an
extension of the expired Argentine and Brazilian agreements.
The VP's advisor has proposed we consider using, or at least
working off, the framework of the Argentine/Brazilian
agreements so the VP could make the case to the President and
to Congress that they are comparable. He suggested we look
at cutting out the stipulation of privileges already accorded
in other agreements or folding in those provisions we need
into the framework established by the Argentine/Brazilian
agreements. Post requests Department provide guidance as
regards redlines on the approach and points flagged by the
GOP above. End Comment and Action Request.
CASON