Identifier
Created
Classification
Origin
07LAPAZ1083
2007-04-18 18:43:00
CONFIDENTIAL
Embassy La Paz
Cable title:
SOFA NEGOTIATIONS UPDATE
how-toVZCZCXYZ0001 PP RUEHWEB DE RUEHLP #1083 1081843 ZNY CCCCC ZZH P 181843Z APR 07 FM AMEMBASSY LA PAZ TO RUEHC/SECSTATE WASHDC PRIORITY 3233 INFO RUEHAC/AMEMBASSY ASUNCION 6709 RUEHBO/AMEMBASSY BOGOTA 4037 RUEHBR/AMEMBASSY BRASILIA 7927 RUEHBU/AMEMBASSY BUENOS AIRES 5175 RUEHCV/AMEMBASSY CARACAS 2405 RUEHPE/AMEMBASSY LIMA 2528 RUEHMD/AMEMBASSY MADRID 3424 RUEHMN/AMEMBASSY MONTEVIDEO 4549 RUEHQT/AMEMBASSY QUITO 5044 RUEHSG/AMEMBASSY SANTIAGO 9629 RUEHUB/USINT HAVANA 0265 RHMFISS/HQ USSOUTHCOM MIAMI FL RUMIAAA/USCINCSO MIAMI FL RHEHNSC/NSC WASHINGTON DC
C O N F I D E N T I A L LA PAZ 001083
SIPDIS
SIPDIS
WHA/AND LPETRONI, WHA/FO CSHAPIRO, L/PM THEROLD, I/T DCOOK,
PM/SNA JDETEMPLE, PJANZEN
E.O. 12958: DECL: 04/19/2017
TAGS: KTIA PGOV PREL MARR MASS MOPS BL
SUBJECT: SOFA NEGOTIATIONS UPDATE
REF: A. LA PAZ 769
B. LA PAZ 1032
Classified By: Ecopol Counselor Andrew Erickson for reasons 1.4 (b) and
(d).
C O N F I D E N T I A L LA PAZ 001083
SIPDIS
SIPDIS
WHA/AND LPETRONI, WHA/FO CSHAPIRO, L/PM THEROLD, I/T DCOOK,
PM/SNA JDETEMPLE, PJANZEN
E.O. 12958: DECL: 04/19/2017
TAGS: KTIA PGOV PREL MARR MASS MOPS BL
SUBJECT: SOFA NEGOTIATIONS UPDATE
REF: A. LA PAZ 769
B. LA PAZ 1032
Classified By: Ecopol Counselor Andrew Erickson for reasons 1.4 (b) and
(d).
1. (C) This message contains an urgent action request
(paragraph 4).
2. (C) Poloff and Milgroup Commander met with the MFA's
Director of Special Affairs Unit Mireya Duran and U.S. desk
officer April 18 to convey that the United States cannot
accept any changes to the terms of the diplomatic note used
over the past 10 years to lay the groundwork for U.S.
military humanitarian activities in Bolivia. Poloff
explained the differences in paragraphs three and six of the
diplomatic note, as well as the process under the U.S.
Military Claims Act that would be used to compensate
individual Bolivians for potential claims.
3. (C) In response, Duran said the GOB would have to insist
on either its first proposal (reftel A) or its second (reftel
B, which proposed deleting the second sentence of paragraph
6). She said "before was before," and that the MFA is now
operating amidst great change in Bolivia-- in current
circumstances, the MFA cannot get the Bolivian congress to
approve even the most non-controversial agreements and
treaties. Duran she said there is a constant clamor within
the MFA to send each and every agreement signed to congress.
She reiterated that the MFA would not submit the current
exchange of notes for congressional approval, but continued
to worry that the agreement would nonetheless come under
congressional scrutiny, "leaving her office and the U.S.
Embassy in the middle of the dispute" and possibly derailing
the entire exercise at the eleventh hour. Duran admitted
that the GOB position on paragraph 6 is largely symbolic,
recognizing that payments under the U.S. Military Claims Act
would likely be faster and more lucrative than an award under
Bolivian law, but said the GOB wants to keep open the
possibility of applying Bolivian law to incidents that occur
on Bolivian soil. In addition to the GOB's still-pending
request to delete the second sentence of paragraph 6, Duran
said the GOB still wants to modify paragraph 7 (see reftel A)
pertaining to identification of U.S. officials participating
in humanitarian exercises in Bolivia via a list of names to
the MFA, along with copies of their drivers' licenses.
4. (C) ACTION REQUEST: Please provide post with instructions
regarding a concerted USG response to this latest GOB
position. Time is of the essence. END ACTION REQUEST.
GOLDBERG
SIPDIS
SIPDIS
WHA/AND LPETRONI, WHA/FO CSHAPIRO, L/PM THEROLD, I/T DCOOK,
PM/SNA JDETEMPLE, PJANZEN
E.O. 12958: DECL: 04/19/2017
TAGS: KTIA PGOV PREL MARR MASS MOPS BL
SUBJECT: SOFA NEGOTIATIONS UPDATE
REF: A. LA PAZ 769
B. LA PAZ 1032
Classified By: Ecopol Counselor Andrew Erickson for reasons 1.4 (b) and
(d).
1. (C) This message contains an urgent action request
(paragraph 4).
2. (C) Poloff and Milgroup Commander met with the MFA's
Director of Special Affairs Unit Mireya Duran and U.S. desk
officer April 18 to convey that the United States cannot
accept any changes to the terms of the diplomatic note used
over the past 10 years to lay the groundwork for U.S.
military humanitarian activities in Bolivia. Poloff
explained the differences in paragraphs three and six of the
diplomatic note, as well as the process under the U.S.
Military Claims Act that would be used to compensate
individual Bolivians for potential claims.
3. (C) In response, Duran said the GOB would have to insist
on either its first proposal (reftel A) or its second (reftel
B, which proposed deleting the second sentence of paragraph
6). She said "before was before," and that the MFA is now
operating amidst great change in Bolivia-- in current
circumstances, the MFA cannot get the Bolivian congress to
approve even the most non-controversial agreements and
treaties. Duran she said there is a constant clamor within
the MFA to send each and every agreement signed to congress.
She reiterated that the MFA would not submit the current
exchange of notes for congressional approval, but continued
to worry that the agreement would nonetheless come under
congressional scrutiny, "leaving her office and the U.S.
Embassy in the middle of the dispute" and possibly derailing
the entire exercise at the eleventh hour. Duran admitted
that the GOB position on paragraph 6 is largely symbolic,
recognizing that payments under the U.S. Military Claims Act
would likely be faster and more lucrative than an award under
Bolivian law, but said the GOB wants to keep open the
possibility of applying Bolivian law to incidents that occur
on Bolivian soil. In addition to the GOB's still-pending
request to delete the second sentence of paragraph 6, Duran
said the GOB still wants to modify paragraph 7 (see reftel A)
pertaining to identification of U.S. officials participating
in humanitarian exercises in Bolivia via a list of names to
the MFA, along with copies of their drivers' licenses.
4. (C) ACTION REQUEST: Please provide post with instructions
regarding a concerted USG response to this latest GOB
position. Time is of the essence. END ACTION REQUEST.
GOLDBERG