RESPONSE TO DIP NOTE EXCHANGE ON MIL ACTIVITIES

C O N F I D E N T I A L LA PAZ 000769

SIPDIS

SIPDIS

WHA/AND LPETRONI, WHA/FO CSHAPIRO, L/PM THEROLD, I/T DCOOK,
PM/SNA JDETEMPLE, PJANZEN

E.O. 12958: DECL: 01/17/2017
TAGS: KTIA PGOV PREL MARR MASS MOPS BL
SUBJECT: RESPONSE TO DIP NOTE EXCHANGE ON MIL ACTIVITIES

REF: A. SECSTATE 169017

B. LA PAZ 2732 (2006)

C. LA PAZ 3222 (2006)

Classified By: Ambassador Philip S. Goldberg for reasons 1.4 (b) and (d
).


1. (C) This message contains an urgent action request
(paragraph 4).


2. (C) Following Post's receipt of reftel A in October 2006,
Emboffs began working to obtain a Status of Forces Agreement
(SOFA) for U.S. military activities in Bolivia. However, the
GOB was not willing to sign a SOFA given Bolivia's current
political environment (see reftels B and C on the political
controversy surrounding the Bolivian-- Venezuelan treaty for
military cooperation). While a permanent SOFA agreement may
be possible in the medium-to-long term, it is not tenable
now. Therefore, Post updated the diplomatic note which has
served as the U.S. agreement with Bolivia since 1997 and sent
same to the MFA and Ministry of Defense (MOD) for their
consideration. After months of meetings with GOB
interlocutors, the GOB sent its formal response to the
Embassy March 19.


3. (SBU) An informal translation of the GOB response follows:

Begin text.

The Ministry of Foreign Relations and Worship's Special
Affairs Unit has the honor of greeting the Honorable Embassy
of the United States of America and has the pleasure to refer
to diplomatic note 511, related to the text Proposal for
Agreement between the Republic of Bolivia and the Government
of the United States of America on the entry and activities
of civil and military personnel of the Government of the
United States of America to implement projects of technical
and scientific cooperation and humanitarian assistance under
the auspices of the Armed Forces of the United States of
America.

In that regard, allow us to present the following
modifications:

Point 6: The claims from other persons (third parties)
stemming from the assistance shall be directed to the
Government allegedly responsible for those, to be resolved in
compliance with the laws of the country that receives the
technical, scientific, and humanitarian cooperation.

Point 7: The Government of the Republic of Bolivia agrees
that the personnel of the United States of America in
Bolivia, who have been assigned to perform activities under
this Agreement will be able to perform their assigned duties
and drive U.S. official or military vehicles; to that effect,
the USG through its diplomatic representatives shall submit
to the Ministry of Foreign Affairs and Worship a list
containing the personnel assigned for the implementation of
the agreement, attaching a copy of their driver's license,
issued in the originating country, in order to proceed with
the issuance of a temporary driver's license.

The Ministry of Foreign Relations and Worship's Special
Affairs Unit reiterates to the Honorable Embassy of the
United States of America the assurances of its highest and
most distinguished consideration.

End text.


4. (C) URGENT ACTION REQUEST AND COMMENT: Milgroup Commander
Colonel Jim Campbell has a previously scheduled meeting with
Minister of Defense Walker San Miguel March 21. Post views
point 6, which essentially provides that U.S. military
officials would surrender their immunity in order to complete
a humanitarian exercise, as a non-starter, and proposes
explaining same to San Miguel March 21. If Washington
disagrees, Post requests instructions by OOB March 21 to the
contrary. Because Embassy's milgroup is planning a New
Horizons exercise to take place in Bolivia in June 2007, for
which preparations are already underway, time is of the
essence in completing these negotiations. Post will stand by
for detailed instructions. End action request and comment.
GOLDBERG