(C) MFA SECRETARY OF STATE BUGA -- SOMETHING IN 24

C O N F I D E N T I A L SECTION 01 OF 02 BUCHAREST 001009

SIPDIS

E.O. 12958: DECL: 12/23/2010
TAGS: PREL MARR MOPS IZ RO UK AS EN ES
SUBJECT: (C) MFA SECRETARY OF STATE BUGA -- SOMETHING IN 24
HOURS OR WE HAVE TO DEPART!

Classified By: Acting Deputy Chief of Mission Jennifer Bonner for reaso
ns 1.4(b) and (d)


1. (C) Romania,s MFA Secretary of State Iulian Buga
(accompanied by Director General Legal Affairs Cosmin
Dinescu) asked for an urgent meeting today with Charg to
discuss the critical time constraints for permitting Romania
to maintain its troops in Iraq. Buga noted that National
Security Advisor Rubaie had sent a formal letter to NATO
Secretary General de Hoop Scheffer on December 21, attesting
that the NATO Training Mission-Iraq (NTM-I) would be accorded
all the authorities, immunities, and exemptions contained in
the U.S.-GOI SOFA in hope of forestalling a NATO
redeployment. Buga said without a similar letter from a
competent Iraqi authority speaking for the Government of Iraq
-- and in the absence of legislative action by the COR --
Romania will be forced to take a decision NLT 12/24 to
redeploy its troops from Iraq in order to give the Romanian
military sufficient time to prepare the logistics so that
Romania,s troops will have departed Iraq before the 12/31
deadline.


2. (C) Buga said that Romania would prefer to have a letter
from PM Maliki but could accept a NATO-like version from NSA
Rubaie provided that Rubaie can speak authoritatively for the
Iraqi government and that delegation is specified within the
letter. Romania also would prefer that for legal purposes an
Iraqi letter would extend legal coverage of CPA-17 for the
interim period pending the conclusion of negotiations for an
Exchange of Letters (EOL). He noted, however, that the GOR
could accept an arrangement similar to the NATO letter that
would provide for the same points contained in the U.S.-GOI
SOFA. He emphasized that this would only be a temporary
solution that would be replaced when the EOL is signed.


3. (C) Buga underscored that Romania,s situation appears
clearly unique to those of the other coalition partners, and
emphasized that Ambassador Scutaru, who is currently in
Baghdad meeting with Rubaie, the Deputy FM, the Prime
Minister's Legal Advisor, and Iraqi J2 among others in
preparation for EOL negotiations, appears to be getting
contradictory responses from the Iraqi authorities. Buga said
Romania could use U.S. help pressing the Iraqis to get
interim legal coverage for Romanian troops so they do not
need to be redeployed. In terms of where the Romanian troops
would go, Buga acknowledged that the Kuwait option is not
preferred by MOD over bringing them back to Romania. He also
expressed appreciation to the U.S. for the idea of embedding
Romanian troops with U.S. forces until a legal framework is
reached, but that would only solve the security/protection
issue and not the legal one. He underscored that Romania
needs by 12/24 a reasonable written guarantee that the
Romanian troops in Iraq will have acceptable legal and
security coverage after 12/31, or else there is no choice
other than redeployment.


4. (C) NOTE: In response to POLOFF query, Buga said the
reason a letter extending interim legal coverage of CPA-17 --
if that is the route the GOI would take with a letter -- is
needed because they have heard from Iraqi Counselors that
CPA-17 would definitely be cancelled, and otherwise have no
applicability after 12/31.


5. (C) Buga explained that following the problems with the
Iraqi Parliament not moving forward with legislation on the
Continuing Presence Agreement he recommended to President
Basescu, who agreed, to push through the new Romanian
Parliament (which only seated yesterday!) an authorization
bill for Romania to continue its presence in Iraq. Buga said
he met yesterday with the Defense and Foreign Affairs
Committees of both the Senate and the Chamber, and though it
was a difficult sell and several MPs questioned why the GOR
is pressing for this when it is clear Iraq does not want
Romania to stay in the coalition, Buga successfully
shepherded the legislation through and the Parliament
approved it last night. Thus Romania has obtained its
domestic legal coverage but needs something temporary but
authoritative from Iraq regarding continued presence by
tomorrow.


6. (C) In a separate meeting between ARMAT with Ministry of

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Defense Director for International Cooperation Brigadier
General Alexandru Cotoara-Nicolae, Cotoara confirmed that
domestic political requirements related to a continued
deployment in Iraq were solved by the Romanian Parliament.
However, he reiterated that a legal mechanism from the
Government of Iraq, whether it is an exchange of letters,
SOFA, or other jointly agreed measure, needed to be completed
in order to have Romanian forces conduct missions in Iraq
after 31 December 2008. While the Ministry of Defense would
prefer to have its forces remain in their garrisons in Iraq
during any negotiation period after 31 December 2008 to
complete such a legal mechanism, Cotoara stated that this was
a political decision out of the hands of the Ministry of
Defense.


7. (C) Comment: The GOR has done everything it could to keep
troops in Iraq -- politically, diplomatically and legally.
This is a national commitment by the President not only to
the Iraqi people and the coalition, but also -- and most
importantly -- to the USG. Embassy Bucharest strongly urges
that the U.S. do everything it can to support the Romanian
efforts and to press the Iraqi government to give Romania a
solution similar to the one granted to NATO; time has run
out. The Romanians have instructed their Embassies in
Washington and Baghdad to pursue the same.
GUTHRIE-CORN