AMBASSADOR DISCUSSES SFA/PROTOCOL WITH VP

C O N F I D E N T I A L BAGHDAD 002212

SIPDIS

E.O. 12958: DECL: 07/16/2018
TAGS: PGOV PREL MOPS IZ
SUBJECT: AMBASSADOR DISCUSSES SFA/PROTOCOL WITH VP
AL-HASHIMI

REF: BAGHDAD 01987

Classified By: Ambassador Ryan C. Crocker for reasons 1.4(b) and (d)


1. (C) In a brief July 14 meeting, Ambassador Crocker
outlined for Vice President Tariq Hashimi the U.S. approach
to the Strategic Framework Agreement and protocol to be taken
up by the Executive Committee that evening. Ambassador
Crocker said that on July 12 he and PM Maliki had discussed
the issue and had agreed to focus on completing the Strategic
Framework Agreement for two reasons: (1) because we need an
umbrella agreement that defines the principles for the
multi-faceted U.S.-Iraq relationship; and (2) because we have
already made a great deal of progress on the agreement and
need to finish it as soon as possible. Then we need to
hammer out a protocol -- a one-page agreement -- that
permits, on a temporary basis, our armed forces authority to
operate after the expiration of UNSCR 1790 at the end of the
year. Ambassador said that we wanted to underscore the
temporary nature of the protocol and that we are ready to
discuss the time horizon and coordination mechanisms that
Prime Minister Maliki has deemed important in connection with
such a protocol.


2. (C) Clarifying the purpose of the protocol further,
Ambassador Crocker said that the short protocol will cover
the big issues -- authorities, detentions and jurisdiction.
That will provide us with the legal basis required for our
combat troops to remain here after December 31. Issues, such
as those included in Dr. Hamoud's longer draft protocol --
entry and exit, drivers licenses -- can be better handled in
an MOU signed between military commanders. Together the
Strategic Framework Agreement and the short protocol will
permit us to work on a SOFA in a more relaxed way. Given the
amount of public attention the subject has received lately,
the protocol will allow Iraqis to see that what the country
will be getting is not another UN Security Council Resolution
in another form, but a different approach. Ambassador
Crocker said that traditionally it takes two years to
negotiate a SOFA agreement though we can do it in less time.
That said, we still have a great deal of work to do on a
SOFA, which is why the temporary protocol will be needed
until the SOFA is completed. Having reached a broad
agreement on how to proceed, Ambassador Crocker said, the
Prime Minister and he hoped the Executive Council would
discuss and bless that agreement at today's session.


3. (C) Hashimi said he hoped that in the Executive Council
meeting, the Prime Minister would provide an indication of
what is envisioned for the results of the negotiations.
Hashimi asked whether the Prime Minister had indicated that
the Strategic Framework Agreement and short protocol were to
be submitted to the Council of Representatives (CoR) for
approval. Ambassador Crocker said that the Prime Minister's
feeling was that it would have to be submitted for CoR
consideration.

Return of Tawafuq Ministers, Provincial Elections Law
-------------- --------------


4. (C) Ambassador Crocker asked whether there has been any
progress on the nominations of Tawafuq candidates for
ministerial portfolios. Asked by Hashimi to relate the
substance of his conversation with the Prime Minister on the
subject, Ambassador Crocker said he had had told the Prime
Minister he understood there had been a list of candidates
that the three coalitions had agreed upon, whereupon the
Prime Minister had replied to Ambassador Crocker that he had
received to date only a letter from bloc leader Khalaf Alyan
saying that he did not agree on the list. An unhappy Hashimi
said that he had in fact forwarded several letters to the
Prime Minister and that he was becoming fed up with all the
politics being played. He said that Vice President Abdel
Mahdi knew that he had submitted the letters in question.
Noting that the Tawafuq nominations were to be on that day's
EC agenda, Ambassador suggested that Hashimi attend armed
with the various letters in question. Ambassador Crocker
said also he hoped that Tawafuq would ensure full attendance
at the following day's (July 15) legislative session when the
Provincial Elections Law was to be taken up so that
consideration and passage of the law might survive a few
walkouts and still maintain a quorum. Hashimi replied
"Insh'Allah" and instructed one of his political advisers to
call the IIP whip to ensure bloc attendance at the session.



5. (SBU) The Ambassador was accompanied at the meeting by NSC
Senior Director Brett McGurk and DASD Mark Kimmitt. Hashimi
was joined by Political Advisers Khalil al-Azzawi and Saif
Abdul Rahman.
CROCKER