US JURISDICTION OF VISITING US MILITARY PERSONNEL

C O N F I D E N T I A L QUITO 000216 SIPDIS SIPDIS E.O. 12958: DECL: 09/06/2014 TAGS: PREL MARR MASS MOPS SNAR PTER EC CO SUBJECT: US JURISDICTION OF VISITING US MILITARY PERSONNEL RENEWED THROUGH 09/07 Classified By: POLOFF Jarahn Hillsman, Reasons 1.4 (b&d) ¶1. (C) Summary: The Ecuadorian Ministry of Foreign Affairs on 28 September 2006 approved U.S. military training activities in Ecuador from 01 October 2006 through 30 September 2007. Post, per RefTel request, exchanged diplomatic notes with the MFA as has been done each year since 1999 in lieu of a standing Status of Forces Agreement. Given the effective coverage of U.S. military personnel in Ecuador under these notes and the unlikelihood of approval of a longer-term SOFA agreement by the Correa government, Post does not recommend engaging the GOE on a permanent SOFA at this time. End Summary. Text of Ecuadorian MFA Response -------------- ¶2. (SBU) Begin Text of MFA diplomatic note 40712 of 28 September 2006: I am pleased to refer to your attentive Note Verbal No. MILGP 129/2006, of 08 September 2006, that points out the following: "The Embassy of the United States of America presents its compliments to the Ministry of Foreign Affairs of the Republic of Ecuador and has the honor to propose to the Ministry that the Government of the Republic of Ecuador and the Government of the United States of America renew their commitment of military cooperation by approving the attached schedule of training, exercises and other activities for the period from October 1, 2006, through September 30, 2007. ¶3. (SBU) The Embassy proposes to the Ministry of Foreign Affairs that these activities be conducted under the same terms and conditions agreed through the diplomatic note number NO 065/97 of October 8, 1997, and accepted by the Government of Ecuador in Ministry,s note No. 167 GM of October 8 1997. The terms and conditions of the agreement have been renewed every year since then by the two governments. ¶4. (SBU) The Embassy further proposes that additional exercises, training, seminars, subject-matter-exchanges, engineer infrastructure construction projects, conferences, reunions, and other events may be added throughout the year when approved for execution by the Minister of Defense, the Chief, Joint Forces Command of the Ecuadorian military, or the Military Service Commander who is sponsoring the activity. ¶5. (SBU) Finally, if the proposed schedule and terms and conditions for these activities are agreeable to the government of Ecuador, the Embassy of the United States has the further honor to propose that this note and the Ministry,s affirmative reply shall constitute an agreement between the two governments which shall enter into force on the date of the Ministry,s reply with effect from October 1, ¶2006. ¶6. (SBU) The Embassy of the United States of America avails itself of this opportunity to renew to the Honorable Ministry of Foreign Affairs, the assurances of its highest and most distinguished consideration.8 ¶7. (SBU) In this regard, I express to you that the note presented by your Embassy and this note, shall constitute an Agreement between the two Governments, which will enter into force in the date of this communication. ¶8. (SBU) I take advantage of the opportunity to reiterate to you the assurances of my highest and most distinguished consideration. End Text. Comment -------------- ¶9. (C) At the moment, most visiting U.S. military personnel are adequately covered under the annual diplomatic note exchange noted in this communication, as well as under the 1999 Manta FOL agreement. We believe the Correa government would resist any attempt to broaden coverage through new SOFA negotiations, and in fact any attempt to do so could be counterproductive, as it could prompt counterproposals from the GOE that would lessen the protections provided to our servicemen. We therefore recommend continuing the practice of an annual exchange of diplomatic notes. BROWN