MISSILE DEFENSE: POLES DELIVER DRAFT SITE AGREEMENT

C O N F I D E N T I A L WARSAW 001793

SIPDIS

SIPDIS

STATE FOR ISN ASSISTANT SECRETARY JOHN C ROOD
STATE FOR PM/SNA
AMBASSADOR MCDONALD
OSD FOR DASD BRIAN GREEN

E.O. 12958: DECL: 08/20/2017
TAGS: MARR PREL PL
SUBJECT: MISSILE DEFENSE: POLES DELIVER DRAFT SITE AGREEMENT


Classified By: DCM Kenneth M. Hillas for reasons 1.4 (b) and (d).


1. (C) On August 20, Andrzej Kremer, Director of the Legal
and Treaty Department, Polish MFA, delivered Poland's
counter-draft of the Missile Defense basing agreement along
with amplifying comments to DCM. He was careful to describe
how this document fits into the broader scope of our
bilateral relationship. On a technical point, he noted some
confusion as to the legal status of Boeing Contractors during
base preparation and construction. Warsaw DAO has arranged
for the translation of an informal English language text,
which post aims to provide Washington on August 21.


2. (C) Kremer's amplifying comments brought attention to some
"expanded" sections of the document that will require our
attention in the next round of talks. He mentioned: base
access, building regulations, counter intelligence, launch
protocols, and an "annual fee." According to Kremer, MoD
wants to integrate the MD base into Poland's air defense
system. Therefore, the Polish draft would give Poland the
right to request that the interceptors be employed in the
defense of Poland. (Comment: this seemingly redundant
statement reflects a Polish need to demonstrate clearly that
the MD system will serve to strengthen Poland,s national
security.)


3. (C) On costs, the Polish draft would obligate the US side
to cover all costs associated with the protection of the
base, including local police and border (customs) guards.
Kremer (protect) outlined how MoD had further inserted a
section on charging an annual fee for use of the base in
order to compensate local residents for lost tax revenue.
The DCM referenced the June talks on this issue, which he
said was a point of a point of principle for the USG.


4. (C) On the strategic level, Kremer emphasized that,
together with the Foundation Agreement on Security
Cooperation, the legally binding basing agreement would
demonstrate that Poland and the U.S. had moved forward in
deepening the broader defense relationship. He gave
assurances that Poland had no intention of having the
Foundation Agreement on security and defense cooperation
undermine Article V of the NATO Washington Treaty. He added,
however, that from time to time nations needed "formal
declarations." He flatly acknowledged that Poland was not
Great Britain, but said it aspired to a similar defense and
security partnership with the U.S.


5. (C) Kremer said Poland was clear on the status of Boeing
personnel stationed at the interceptor site once operations
commenced, but that there were questions on the Polish side
about this during site preparation and construction phases,
which would need to be addressed.
ASHE