ROMANIA ON THE IRAQ SOFA: "WE NEED A LEGAL

S E C R E T SECTION 01 OF 02 BUCHAREST 000463

SIPDIS

STATE FOR EUR/NCE JENSEN AND NEA/I BETTS

E.O. 12958: DECL: 06/05/2023
TAGS: KTIA MARR PGOV PREL SOFA RO
SUBJECT: ROMANIA ON THE IRAQ SOFA: "WE NEED A LEGAL
FRAMEWORK NO LATER THAN JULY"

REF: A. STATE 55889 B. BAGHDAD 01536 C. STATE 53211 D. BUCHAREST 00250

Classified By: Political Counsellor Ted Tanoue; Reasons 1.4(b) and (d),


1. (S) EMBOFFS met with MOD Deputy State Secretary for
Defense Policy and Planning Rear Admiral Mihai Cornell and
MFA Director for Middle East and Africa Ambassador Mihail
Dobre on June 5, to review status of Iraq SOFA negotiations
at the request of MOD and MFA. POLMILOFF, drawing on reftels
A and B, described the negotiations as serious and making
"substantial progress," coming to agreement on a number of
provisions. POLMILOFF noted that the pace for the next
negotiations were generally set by the Iraqi negotiators, and
hopefully the next round will bring the SOFA within range of
closure. Cornell expressed appreciation for the update, and
noted that Romania would be making a decision on the 2009
overseas military deployment levels at the meeting of the
Supreme Council for National Defense (CSAT) at the end of
June. He said "we have the political will, determination and
commitment. What we do not have is a legal framework."
Cornell insisted that the GOR needed an agreed SOFA as a
prerequisite for a legal framework for the continued
deployment of Romanian troops in Iraq no later than July
because of the requirement to get Parliamentary ratification
in September. Otherwise, he continued, Romania would have to
start contingency planning to withdraw its troops from Iraq."


2. (S) Cornell noted that when CHOD Admiral Marin met with
Chairman of the Joint Chiefs Mullen, Marin was told that the
U.S. would provide assistance for developing a SOFA with
Iraq. He added that the most appropriate solution would be
to use the U.S. "template", but Bucharest's political
deadlines "force us to be diligent on this issue." He argued
that September was the last realistic date for Parliamentary
discussion, since national elections were planned for
November -- meaning October would be dedicated to their
electoral campaign schedule. The worse case scenario was for
the General Staff to begin planning for withdrawal, he
warned. He underscored the importance of having a draft SOFA
to begin working on at the earliest opportunity. "There can
be only one positive solution," Cornell emphasized, "a legal
framework."


3. (S) Dobre raised Romania's discussions at the meeting in
Stockholm at the International Compact meeting, emphasizing
Romania's broader commitment to Iraq's reintegration into the
region. He also noted that Romania was the first non-Paris
Club member to have forgiven up to 80 percent of Iraqi debt,
to help Baghdad authorities to cope. He said the Romanian
representative, Secretary of State Niculescu, hoped Romania's
debt forgiveness would be used as a model by others. Dobre
also mentioned that during the meeting of coalition partners
in London, UK representatives raised "off-line" with Romania
the possibility of a "limited UNSCR" that would provide an
easy way out for everyone requiring a legal framework for
continued operations. If the USG was thinking of such a
possibility as a last minute strategy, Dobre pleaded, "please
let us know immediately."


4. (S) Dobre confirmed that Romania's discussions with the
Iraqi embassy in Bucharest have indicated support in Baghdad
for Romania's continued engagement in the coalition. "They
want the international coalition to remain in Iraq,"
according to Dobre. In fact, he noted, the Iraqi Ambassador
was trying to set up a visit by President Talabani to
Bucharest this fall -- possibly as early as October. The
visit was important for Romania in order to demonstrate its
broadening and deepening engagement with Iraq, Dobre added.


5. (S) Cornell asked when to expect another update on the
SOFA. POLMILOFF suggested after July 4 would likely be the
next best opportunity, and reiterated that much of the pace
was dependent on the Iraqi negotiators. Cornell acknowledged
the point and noted that MOD and MFA would need something to
work on.


6. (S) COMMENT: The Romanian election calendar will be an
important factor for the GOR in pursuing its plan for
continued Romanian deployment in Iraq, since the decision
must be ratified by Parliament this fall. Without a SOFA in
hand -- or some other politically acceptable legal framework
-- Romania could have challenges staying the course in Iraq.
While our Romanian partners remain eager to make this work,
and we expect a positive decision on continued Iraq troop
deployments at the June CSAT, there are real concerns in
Bucharest about the clock running out before a new mandate is
constructed. End comment.

TAUBMAN