Identifier
Created
Classification
Origin
08BRUSSELS1340
2008-08-29 09:03:00
CONFIDENTIAL
Embassy Brussels
Cable title:
NATO MEDITERRANEAN DIALOGUE SOFA: BELGIUM AGREES
how-toVZCZCXYZ0000 OO RUEHWEB DE RUEHBS #1340 2420903 ZNY CCCCC ZZH O 290903Z AUG 08 FM AMEMBASSY BRUSSELS TO RUEHC/SECSTATE WASHDC IMMEDIATE 7927 INFO RUEHZG/NATO EU COLLECTIVE IMMEDIATE RUEHAS/AMEMBASSY ALGIERS IMMEDIATE 1974 RUEHAM/AMEMBASSY AMMAN IMMEDIATE 0091 RUEHEG/AMEMBASSY CAIRO IMMEDIATE 0110 RUEHNK/AMEMBASSY NOUAKCHOTT IMMEDIATE 0515 RUEHRB/AMEMBASSY RABAT IMMEDIATE 2365 RUEHTV/AMEMBASSY TEL AVIV IMMEDIATE 4180 RUEHTU/AMEMBASSY TUNIS IMMEDIATE 0475 RUEHNO/USMISSION USNATO IMMEDIATE 8363 RUEAIIA/CIA WASHDC IMMEDIATE RUEKJCS/SECDEF WASHDC IMMEDIATE RUEKJCS/JOINT STAFF WASHDC IMMEDIATE RHEFDIA/DIA WASHINGTON DC IMMEDIATE
C O N F I D E N T I A L BRUSSELS 001340
SIPDIS
EUR/RPM FOR SHINAGEL; USNATO FOR BAEZ
E.O. 12958: DECL: 08/29/2023
TAGS: NATO PREL EUN BE
SUBJECT: NATO MEDITERRANEAN DIALOGUE SOFA: BELGIUM AGREES
ON JURISDICTION BUT HAS LEGAL OBSTACLES TO USING AN
EXCHANGE OF LETTERS
REF: STATE 92323
Classified By: POL/E Counselor Richard Eason, Reasons 1.4 (b) and (d).
C O N F I D E N T I A L BRUSSELS 001340
SIPDIS
EUR/RPM FOR SHINAGEL; USNATO FOR BAEZ
E.O. 12958: DECL: 08/29/2023
TAGS: NATO PREL EUN BE
SUBJECT: NATO MEDITERRANEAN DIALOGUE SOFA: BELGIUM AGREES
ON JURISDICTION BUT HAS LEGAL OBSTACLES TO USING AN
EXCHANGE OF LETTERS
REF: STATE 92323
Classified By: POL/E Counselor Richard Eason, Reasons 1.4 (b) and (d).
1. (C) On August 29, POL/E Counselor delivered the
referenced points and proposed MED-D SOFA Exchange of Letters
(EoL) to Pol De Witte, Director of Security Policy and
Patrick Duray, Legal Counsel, both of the Belgian MFA.
2. (C) Both De Witt and Duray agreed that Belgium does not
support the shared jurisdiction construct found in the MED-D
SOFA. Neither was able to comment on the position of the USG
with respect to reciprocity.
3. (C) However, the U.S. preference to rely on an EoL
instead of an all-encompassing SOFA causes legal difficulties
for Belgium. Under Belgian law, any exchange of letters
requires parliamentary approval. As a result, an MOU would
be easier for the Belgian government and would not entail a
perhaps lengthy clearance process in parliament. He believed
other NATO members might have the same requirement. De Witte
commented that both sides would therefore need to find some
compromise at the September 2 meeting of NATO legal advisors.
.
SIPDIS
EUR/RPM FOR SHINAGEL; USNATO FOR BAEZ
E.O. 12958: DECL: 08/29/2023
TAGS: NATO PREL EUN BE
SUBJECT: NATO MEDITERRANEAN DIALOGUE SOFA: BELGIUM AGREES
ON JURISDICTION BUT HAS LEGAL OBSTACLES TO USING AN
EXCHANGE OF LETTERS
REF: STATE 92323
Classified By: POL/E Counselor Richard Eason, Reasons 1.4 (b) and (d).
1. (C) On August 29, POL/E Counselor delivered the
referenced points and proposed MED-D SOFA Exchange of Letters
(EoL) to Pol De Witte, Director of Security Policy and
Patrick Duray, Legal Counsel, both of the Belgian MFA.
2. (C) Both De Witt and Duray agreed that Belgium does not
support the shared jurisdiction construct found in the MED-D
SOFA. Neither was able to comment on the position of the USG
with respect to reciprocity.
3. (C) However, the U.S. preference to rely on an EoL
instead of an all-encompassing SOFA causes legal difficulties
for Belgium. Under Belgian law, any exchange of letters
requires parliamentary approval. As a result, an MOU would
be easier for the Belgian government and would not entail a
perhaps lengthy clearance process in parliament. He believed
other NATO members might have the same requirement. De Witte
commented that both sides would therefore need to find some
compromise at the September 2 meeting of NATO legal advisors.
.