EL SALVADOR'S PROPOSED CHANGES FOR SOFA

C O N F I D E N T I A L SAN SALVADOR 000049

SIPDIS

SIPDIS

E.O. 12958: DECL: 01/11/2017
TAGS: KTIA MARR MASS MOPS PGOV PREL ES
SUBJECT: EL SALVADOR'S PROPOSED CHANGES FOR SOFA

REF: 06 STATE 163912

Classified By: DCM Michael A. Butler. Reasons 1.4 (b) and (d)


1. (C) Presidential Legal Adviser Luis Mario Rodriguez sent
the Embassy a formal request for proposed changes to the
Status of Forces Agreement (ref A) on January 11, 2006. The
proposed changes are as follows:

--Suggests (though does formally propose) striking the
paragraph that reads, "The Government of El Salvador
recognizes the particular importance of disciplinary control
by the United States Armed Forces Authorities over the United
States Personnel and, therefore, authorizes the Government of
the United States to exercise criminal jurisdiction over
United States Personnel while in El Salvador." The attached
note mentions that, as these personnel will have A and T
immunity in conformity with the Vienna Convention as
mentioned in previous paragraphs, the SOFA already excludes
the possibility of Salvadoran penal jurisdiction.

-- Formally proposes adding language in the next paragraph
that would subject the importation of goods into El Salvador
to random inspection, but would allow for such inspection to
take place at the site of the exercise as opposed to at the
port of entry. Necessary documentation would, however, need
to be presented at the port of entry for all goods.

--In the paragraph concerning tax exemption for military
contractors, formally proposes adding language that specifies
that only contractors under direct contract with the U.S.
Department of Defense, and only during agreed upon
activities, would receive the stated exemptions and benefits.


--Formally proposes one of two options concerning the
following line, "Claims by third parties for damages or loss
caused by United States Personnel shall be resolved by the
United States Government in accordance with United States
Laws and Regulations." The first option presented is to
replace the end of the sentence with "shall be resolved in
accordance with applicable legislation." The second option
presented is to replace the second half of the sentence with
"shall be resolved in accordance with United States Laws and
Regulations, with said government granting the third party
(or a legally empowered representative) access so that any
dispute can be effectively and attentively resolved.

This is only an unofficial translation. The document
containing the proposed changes has been scanned and sent to
WHA/CEN El Salvador desk for official translation and
distribution.


2. (C) COMMENT: Advisers to President Saca have indicated
these changes are necessary for the Administration to push
the SOFA through the Legislative Assembly, where the FMLN is
likely to find any excuse to accuse the GOES of ceding too
much sovereignty. The Administration wants to be able to
assure the FMLN and other potential critics that Salvadorans
will be able to receive redress in U.S. Courts for incidents
that may occur in El Salvador. Post urges flexibility in
addressing these changes, as the GOES has privately shown
great will to cooperate and make this agreement a reality.
The humanitarian and other exercises that bring American
Forces to El Salvador are a major positive aspect of this
bilateral relationship. The GOES continues to show
extraordinary will to maintain troops as a dedicated member
of the Coalition in Iraq. Rodriguez has assured the Embassy
that if he receives confirmation of the acceptance of these
changes by COB on Friday January 12, the Executive will
submit and pass the SOFA in the Legislative Assembly next
week.
Barclay