Identifier
Created
Classification
Origin
08OTTAWA1576
2008-12-22 21:11:00
CONFIDENTIAL//NOFORN
Embassy Ottawa
Cable title:
CANADA TO HALVE IRAQ EXCHANGE OFFICER CONTINGENT
how-toVZCZCXRO2821 OO RUEHGA RUEHHA RUEHMT RUEHQU RUEHVC DE RUEHOT #1576 3572111 ZNY CCCCC ZZH O 222111Z DEC 08 FM AMEMBASSY OTTAWA TO RUEHC/SECSTATE WASHDC IMMEDIATE 8893 INFO RUCNCAN/ALL CANADIAN POSTS COLLECTIVE PRIORITY RUEHAM/AMEMBASSY AMMAN PRIORITY 0096 RUEHGB/AMEMBASSY BAGHDAD PRIORITY 0102 RUEHBY/AMEMBASSY CANBERRA PRIORITY 1398 RUEHLO/AMEMBASSY LONDON PRIORITY 0999 RHEHNSC/WHITE HOUSE NSC WASHINGTON DC PRIORITY RUEKJCS/OSD WASHDC PRIORITY RUEKJCS/JOINT STAFF WASHDC PRIORITY
C O N F I D E N T I A L OTTAWA 001576
NOFORN
SIPDIS
E.O. 12958: DECL: 12/22/2018
TAGS: PREL MOPS NATO IZ CA
SUBJECT: CANADA TO HALVE IRAQ EXCHANGE OFFICER CONTINGENT
REF: A. OTTAWA 1501
B. STATE 126109
C. BAGHDAD 3630
Classified By: PolMinCouns Scott Bellard, reasons 1.4 (b) and (d)
C O N F I D E N T I A L OTTAWA 001576
NOFORN
SIPDIS
E.O. 12958: DECL: 12/22/2018
TAGS: PREL MOPS NATO IZ CA
SUBJECT: CANADA TO HALVE IRAQ EXCHANGE OFFICER CONTINGENT
REF: A. OTTAWA 1501
B. STATE 126109
C. BAGHDAD 3630
Classified By: PolMinCouns Scott Bellard, reasons 1.4 (b) and (d)
1. (C/NF) Summary: Canada has run out of time to secure an
agreement with Iraq that would allow Canadian exchange
officers to receive immunities consistent with the U.S.
Status of Forces Agreement (SOFA). Canada will halve its
contingent of military exchange officers embedded with
American units in Iraq after December 31, 2008, when the UN
mandate for Iraq expires. End summary.
2. (C/NF) According to Department of Foreign Affairs and
International Trade legal officer Suneeta Millington, Canada
has run out of time to secure an agreement with the
Government of Iraq that would allow Canadian exchange
officers to receive immunities consistent with the U.S.'
SOFA. Canada's Department of National Defence (DND)
conducted a risk assessment for the embedded officers, taking
into account their duties and duty stations, and concluded
that five of the nine officers could remain with their units.
However, Canada will pull out four military exchange
officers embedded with U.S. units before the end of the year.
3. (C/NF) Millington noted the Iraqis did not understand the
concept of an exchange of non-legally binding letters
(outlined in ref a),and were unwilling to grant Canadian
military officers immunities consistent with the U.S. SOFA
without some legally binding document. Millington expressed
regret that neither Iraq and Canada has the capacity at this
late date to negotiate a legally binding agreement before the
year,s end. She added that Canada would now seek to have
such a document in place by March 2009, when new Canadian
personnel are scheduled to rotate in with their U.S. units.
4. (C/NF) Millington confirmed that according diplomatic
status to the exchange officers through the Canadian embassy
in Jordan was a &non-starter8 for legal and policy reasons.
DFAIT senior policy makers expressed grave concerns about
giving diplomatic status to those who might use deadly force,
even in self-defense, for purposes not related to the
function of a diplomatic mission, according to Millington.
She added that the DFAIT was also concerned about creating
the precedent for foreign missions in Canada if they went
this route. She also noted that the Iraqis were cool to this
idea in any event as well, which reinforced DFAIT,s message
to DND advocates that &diplomatic status must be granted and
is not something one takes.8
5. (C/NF) Millington closed with a request for U.S. &good
offices8 to facilitate the early negotiation of an exchange
of letters between Canada and the Government of Iraq. Noting
the lack of Iraqi capacity in this area, Millington said
Canada believes U.S. backing will be important to finding a
resolution to this problem before March 2009. She said that
Canadian embassy officials in Washington would likely make
representations toward this goal before the year,s end.
Visit Canada,s Economy and Environment Forum at
http://www.intelink.gov/communities/state/can ada
BREESE
NOFORN
SIPDIS
E.O. 12958: DECL: 12/22/2018
TAGS: PREL MOPS NATO IZ CA
SUBJECT: CANADA TO HALVE IRAQ EXCHANGE OFFICER CONTINGENT
REF: A. OTTAWA 1501
B. STATE 126109
C. BAGHDAD 3630
Classified By: PolMinCouns Scott Bellard, reasons 1.4 (b) and (d)
1. (C/NF) Summary: Canada has run out of time to secure an
agreement with Iraq that would allow Canadian exchange
officers to receive immunities consistent with the U.S.
Status of Forces Agreement (SOFA). Canada will halve its
contingent of military exchange officers embedded with
American units in Iraq after December 31, 2008, when the UN
mandate for Iraq expires. End summary.
2. (C/NF) According to Department of Foreign Affairs and
International Trade legal officer Suneeta Millington, Canada
has run out of time to secure an agreement with the
Government of Iraq that would allow Canadian exchange
officers to receive immunities consistent with the U.S.'
SOFA. Canada's Department of National Defence (DND)
conducted a risk assessment for the embedded officers, taking
into account their duties and duty stations, and concluded
that five of the nine officers could remain with their units.
However, Canada will pull out four military exchange
officers embedded with U.S. units before the end of the year.
3. (C/NF) Millington noted the Iraqis did not understand the
concept of an exchange of non-legally binding letters
(outlined in ref a),and were unwilling to grant Canadian
military officers immunities consistent with the U.S. SOFA
without some legally binding document. Millington expressed
regret that neither Iraq and Canada has the capacity at this
late date to negotiate a legally binding agreement before the
year,s end. She added that Canada would now seek to have
such a document in place by March 2009, when new Canadian
personnel are scheduled to rotate in with their U.S. units.
4. (C/NF) Millington confirmed that according diplomatic
status to the exchange officers through the Canadian embassy
in Jordan was a &non-starter8 for legal and policy reasons.
DFAIT senior policy makers expressed grave concerns about
giving diplomatic status to those who might use deadly force,
even in self-defense, for purposes not related to the
function of a diplomatic mission, according to Millington.
She added that the DFAIT was also concerned about creating
the precedent for foreign missions in Canada if they went
this route. She also noted that the Iraqis were cool to this
idea in any event as well, which reinforced DFAIT,s message
to DND advocates that &diplomatic status must be granted and
is not something one takes.8
5. (C/NF) Millington closed with a request for U.S. &good
offices8 to facilitate the early negotiation of an exchange
of letters between Canada and the Government of Iraq. Noting
the lack of Iraqi capacity in this area, Millington said
Canada believes U.S. backing will be important to finding a
resolution to this problem before March 2009. She said that
Canadian embassy officials in Washington would likely make
representations toward this goal before the year,s end.
Visit Canada,s Economy and Environment Forum at
http://www.intelink.gov/communities/state/can ada
BREESE