U.S.-IRAQ STATUS OF FORCES AGREEMENT NEGOTIATIONS:

S E C R E T BAGHDAD 001037

SIPDIS

SIPDIS

E.O. 12958: DECL: 04/03/2018
TAGS: MARR PREL KTIA IZ
SUBJECT: U.S.-IRAQ STATUS OF FORCES AGREEMENT NEGOTIATIONS:
ROUND ONE PRODUCTIVE

Classified By: Political-Military Minister-Counselor Marcie Ries for re
asons 1.4 (b) and (d).


1. (S) SUMMARY: The United States and Iraq held their first
round of negotiations of a status of forces agreement (SOFA)
March 23 through April 3 in Baghdad. This agreement is
designed to provide a foundation for a long-term military to
military relationship between the United States and Iraq.
While the negotiating text is similar to SOFAs the United
States has with other countries around the world, it also
would provide the needed temporary authorities to conduct
combat and security detention operations after the expiration
of the UN Security Council mandate. The negotiations were
cordial and professional. While the issues involved are
complex, the Iraqis appear prepared to work with us to bring
these negotiations to a successful conclusion. Negotiations
are scheduled to resume in Baghdad on April 22. END SUMMARY.


2. (S) A U.S. interagency delegation, led by Ambassador
Robert Loftis and including representatives from OSD (Policy
and Office of the General Counsel),JCS (J-5 and Legal
Counsel),USCENTCOM, MNF-I, State Department (NEA, L/AN and
L/PM),the Embassy (POL/MIL),and the NSC staff met with
Iraqi counterparts in Baghdad March 23 through April 3 to
begin working on a status of forces agreement. The Iraqi
team is led by the MFA and includes representatives from the
Prime Minister's office, the Ministry of Defense, the offices
of the Vice Presidents, National Security Advisor's office,
Ministry of the Interior, Ministry of Justice, and office of
the Minister of State for National Security. The Iraqis have
asked that the names, titles, and affiliations of the Iraqi
delegation not be publicized for security reasons.


3. (S) This session was primarily exploratory in nature. The
Iraqis had reviewed the draft text over the previous week and
had a number of questions, comments and preliminary
counterproposals. The two teams conducted an article by
article discussion of the text, using the U.S. draft as the
reference point. There were no particular surprises in the
Iraqis' questions and comments, which mirrored in many ways
other recent SOFA negotiations: property ownership,
jurisdiction over U.S. forces and civilian personnel; respect
for local laws and customs, possible rent for use of
facilities, etc.


4. (S) Discussion of the three attachments focused primarily
on the authority to conduct combat operations and security
detentions, with less time on the question of jurisdiction
over certain DOD contractors. (The delegation also provided
the Iraqis with the separate draft agreement to address
non-DOD contractors in the same manner as DOD contractors.)
On the first two issues, the question was not over whether
such authorities were necessary but how to characterize them
and how broad they should be, with the Iraqis arguing in
favor of narrower grants of authority.


5. (S) Based on the discussions early in the week, the U.S.
delegation provided a slightly revised version of the text
that sought to address some of the Iraqis' points. The talks
were adjourned on April 3, and are scheduled to resume again
on April 22 in Baghdad.


6. (S) COMMENT: This first extensive discussion of the draft
SOFA was a serious and workman-like affair. The Iraqis had
prepared for the negotiations by examining other U.S. SOFAs,
and were familiar with most of the concepts. While there is
a great deal of work ahead, this was a promising start. END
COMMENT.

BUTENIS