Identifier
Created
Classification
Origin
08ANKARA1266
2008-07-15 05:45:00
CONFIDENTIAL
Embassy Ankara
Cable title:  

TURKEY: GOVERNMENT EXTENDS INCIRLIK HUB AGREEMENT,

Tags:  PREL MARR IZ TU 
pdf how-to read a cable
VZCZCXYZ0016
OO RUEHWEB

DE RUEHAK #1266/01 1970545
ZNY CCCCC ZZH
O 150545Z JUL 08
FM AMEMBASSY ANKARA
TO RUEHC/SECSTATE WASHDC IMMEDIATE 6846
INFO RUEHGB/AMEMBASSY BAGHDAD PRIORITY 1273
RUEHBUL/AMEMBASSY KABUL PRIORITY 0112
RHMFISS/39ABG INCIRLIK AB TU PRIORITY
RHMFISS/EUCOM POLAD VAIHINGEN GE PRIORITY
RHMFISS/HQ USCENTCOM MACDILL AFB FL PRIORITY
RUEKJCS/JOINT STAFF WASHDC//J-3/J-5// PRIORITY
RHEHAAA/NSC WASHDC PRIORITY
RUEUITH/ODC ANKARA TU PRIORITY
RUEKJCS/SECDEF WASHDC//USDP:PDUSDP/ISA:EUR/ISA:NESA/DSCA// PRIORITY
C O N F I D E N T I A L ANKARA 001266 


SIPDIS

E.O. 12958: DECL: 07/14/2018
TAGS: PREL MARR IZ TU
SUBJECT: TURKEY: GOVERNMENT EXTENDS INCIRLIK HUB AGREEMENT,
BUT ONLY TO END OF 2008

Classified By: Ambassador Ross Wilson for Reasons 1.4 (b,d).

C O N F I D E N T I A L ANKARA 001266


SIPDIS

E.O. 12958: DECL: 07/14/2018
TAGS: PREL MARR IZ TU
SUBJECT: TURKEY: GOVERNMENT EXTENDS INCIRLIK HUB AGREEMENT,
BUT ONLY TO END OF 2008

Classified By: Ambassador Ross Wilson for Reasons 1.4 (b,d).


1. (C) Summary: The MFA has extended bilateral agreements on
the Air Cargo Hub at Incirlik airbase and related activities
only to the end of 2008, anticipating the expiration of UNSCR
1790 (2007),which underpins government approval of those
agreements. Extension of those agreements beyond 2008 may
require Turkish Grand National Assembly (TGNA) approval,
which could be problematic given current political ferment
here. We will encourage senior government officials to
explore options for extending these key agreements with the
goal of preventing any interruption to our Incirlik
operations, which provide crucial support to Operations Iraqi
Freedom and Enduring Freedom. End Summary


2. (C) In response to our annual request for extension of the
bilateral agreement covering the Air Cargo Hub at Incirlik
airbase ("Incirlik Hub"),as well as KC-135 refueling
operations and FAA navigational aid checks, the Foreign
Ministry has informed us that said agreements will only be
extended until December 31, 2008. MFA officials have told us
that they decided to limit the extension of Incirlik-related
agreements to the end of 2008 to coincide with the
anticipated expiration of UN Security Council Resolution 1790
(2007). They explained that the Council of Ministers decree
authorizing the Incirlik Hub and related operations is based
on UNSCR 1790, which has the force of law in Turkey. Should
UNSCR 1790 expire and the U.S. successfully conclude
Strategic Framework (SF) and Status of Forces (SOFA)
Agreements with the Government of Iraq, the international
legal underpinning of the government's authorization will
disappear and any further extension of the Incirlik Hub and
related agreements may have to be submitted for approval by
the Turkish Grand National Assembly (TGNA).


3. (C) MFA Americas desk department head Damla Say told us
July 3 that four lawsuits have been filed against the
government for failing to seek TGNA approval for the Incirlik
Hub and related agreements. Three of the suits were
dismissed when the government argued that, since UNSCRs have
the force of law in Turkey, they are sufficient grounds for
enactment of Council of Ministers decrees that do not require
parliamentary approval. However, one lawsuit remains active.
The MFA wishes to reduce the government's vulnerability to
further legal action by limiting the Council of Ministers'
extension of the agreements to the duration of UNSCR 1790,
realizing that resolution may not be renewed for 2009 if the
U.S. successfully negotiates SF and SOFA agreements with the
GOI. Say added that the ministry is committed to maintaining
the Incirlik arrangements without interruption and her office
is discussing alternatives for extending the agreements
beyond 2008 with the ministry's legal experts.


4. (C) MFA Americas Director General Vefahan Ocak confirmed
July 9 that the MFA is fully committed to ensuring the
Incirlik Hub and related agreements are extended without
interruption, independent of political developments that may
take place in the coming weeks. He argued confidently that,
if the expiration of UNSCR 1790 and its replacement by
bilateral U.S.-Iraq SF and SOFA agreements as the legal basis
for U.S. troop presence in Iraq requires Turkey to submit
extensions of Incirlik Hub operations to a parliamentary
vote, the TGNA will vote overwhelmingly to extend the
agreements. Meanwhile, Ocak asked for additional time for
the MFA to explore available alternatives with its legal
experts. Much will depend on U.S. success at concluding SF
and SOFA agreements with Iraq, he said. Should the U.S. fail
to conclude such arrangements and UNSCR 1790 is renewed
instead, the Council of Ministers will have no problem
extending the Incirlik hub and related agreements without
referral to parliament, as it has done so far.


5. (C) Ambassador briefly raised the issue of the six-month
extension with Deputy Defense Chief Gen Ergin Saygun on July

3. Saygun said he was not sure whether further extension of
the Incirlik Hub and related agreements would require
parliamentary approval, but promised to investigate further
and get back to us.


6. (C) Post will continue to work this issue and report as
appropriate.

Visit Ankara's Classified Web Site at

http://www.intelink.sgov.gov/wiki/Portal:Turk ey

WILSON