AGREEMENT WITH NICARAGUA ON STATUS OF FORCES FOR

C O N F I D E N T I A L STATE 130453 SIPDIS E.O. 12958: DECL: 12/10/2018 TAGS: KTIA MARR MOPS PM PREL US SUBJECT: AGREEMENT WITH NICARAGUA ON STATUS OF FORCES FOR EXERCISES IN NICARAGUA DURING 2009 REF: A. MANAGUA 001109 ¶B. STATE 002677 Classified By: WHA A/S Thomas A. Shannon for reasons 1.4 (b and d) ¶1. (U) THIS IS AN ACTION REQUEST. SEE PARAGRAPHS 2, 5 AND 6. ¶2. (C) ON AUGUST 8, 2008, AMEMBASSY MANAGUA AND THE GOVERNMENT ON NICARAGUA (GON) COMPLETED AN EXCHANGE OF DIPLOMATIC NOTES REGARDING A STATUS OF FORCES AGREEMENT (SOFA) AND CUSTOMS PROCEDURES FOR U.S. FORCES IN NICARAGUA FOR EXERCISES, VISITS, AND OTHER COOPERATIVE ACTIVITIES DURING 2008. AS DISCUSSED IN REF A, WASHINGTON CONTINUES TO BELIEVE IN THE NEED TO PURSUE A DURABLE SOFA WITH THE GON. AT AN INTERAGENCY MEETING ON OCTOBER 15, 2008, IT WAS AGREED THAT THE USG WOULD SEEK A MULTIPLE YEAR SOFA WITH THE GON. HOWEVER, THE INTERAGENCY IS STILL DEVELOPING A STRATEGY FOR APPROACHING THE GON ON THIS SUBJECT, AND AT PRESENT WE HAVE SEEN NO INDICATIONS THAT SUCH AN AGREEMENT CAN BE ATTAINED IN THE SHORT TERM. IN THE INTERIM, AGENCIES HAVE AGREED TO PROCEED WITH A SIMPLE ROLL-OVER OF THE EXISTING ARRANGEMENTS. BASED ON DOD'S REQUEST, POST IS REQUESTED TO PRESENT THE NOTES IN PARAGRAPHS 3 AND 4 TO THE GON REGARDING A SOFA AGREEMENT AND CUSTOMS PROCEDURES FOR DOD OPERATIONAL ACTIVITIES IN 2009, STRESSING THAT THE N OTES ARE SUBSTANTIALLY IDENTICAL TO THE NOTES EXCHANGED ON AUGUST 8, 2008, EXCEPT TO REFLECT FUTURE ACTIVITIES AND DATES. ¶3. (U) BEGIN TEXT OF DIPLOMATIC NOTE ON SOFA: THE EMBASSY OF THE UNITED STATES OF AMERICA PRESENTS ITS COMPLIMENTS TO THE MINISTRY OF FOREIGN AFFAIRS OF THE REPUBLIC OF NICARAGUA AND HAS THE HONOR TO REFER TO DISCUSSIONS BETWEEN THE GOVERNMENT OF NICARAGUA AND THE GOVERNMENT OF THE UNITED STATES OF AMERICA REGARDING THE JOINT COMBINED EXCHANGE TRAINING (JCET) FOR OEF-CCA FROM OCTOBER 12, 2008 TO SEPTEMBER 30, 2009; THE MEDICAL READINESS EXERCISE (MEDRETE) FROM JANUARY 1 TO JUNE 30, 2009; THE MEDRETE FROM MAY 9 TO MAY 23, 2009; FUERZAS ALIADAS HUMANTARIAS (FA HUM) FROM APRIL 15 TO MAY 8, 2009; THE CONTINUING PROMISE DEPLOYMENT FROM JULY 3 TO JULY 22, 2009; THE HUMANITARIAN ASSISTANCE DEPLOYMENT TO BLUEFIELDS FROM JULY 11 TO JULY 22, 2009; AS WELL AS OTHER MILITARY-TO-MILITARY ACTIVITIES IN NICARAGUA, AS MUTUALLY AGREED, DURING 2009. THE IMPLEMENTATION OF EACH OF THESE SEPARATE ACTIVITIES (HEREAFTER REFERRED TO COLLECTIVELY AS 2009 OPERATIONAL ACTIVITIES) WILL BE CARRIED OUT TO FURTHER THE RELATIONSHIP OF FRIENDSHIP AND COOPERATION THAT EXISTS BETWEEN THE REPUBLIC OF NICARAGUA AND THE UNITED STATES OF AMERICA. AS PART OF THE 2009 OPERATIONAL ACTIVITIES, THE EMBASSY PROPOSES THAT UNITED STATES MILITARY AND CIVILIAN PERSONNEL (DEFINED AS MEMBERS OF THE UNITED STATES ARMED FORCES AND CIVILIAN EMPLOYEES OF THE UNITED STATES DEPARTMENT OF DEFENSE, RESPECTIVELY, HEREAFTER REFERRED TO COLLECTIVELY AS UNITED STATES PERSONNEL) PRESENT IN NICARAGUA IN CONNECTION WITH THE 2009 OPERATIONAL ACTIVITIES BE ACCORDED TREATMENT EQUIVALENT TO THAT ACCORDED TO THE ADMINISTRATIVE AND TECHNICAL STAFF OF THE EMBASSY OF THE UNITED STATES OF AMERICA UNDER THE VIENNA CONVENTION ON DIPLOMATIC RELATIONS OF APRIL 18, 1961; THAT UNITED STATES PERSONNEL BE PERMITTED TO ENTER AND EXIT NICARAGUA WITH UNITED STATES IDENTIFICATION AND WITH COLLECTIVE MOVEMENT OR INDIVIDUAL TRAVEL ORDERS (IN ADVANCE OF EACH OF THE 2009 OPERATIONAL ACTIVITIES THE UNITED STATES WILL PROVIDE A LIST OF THE NAMES OF PERSONNEL WHO ARE EXPECTED TO BE PRESENT IN CONJUNCTION WITH SAID ACTIVITY); AND THAT NICARAGUAN AUTHORITIES SHALL ACCEPT AS VALID, WITHOUT A DRIVING FEE OR TEST, VALID, UNEXPIRED DRIVING LICENSES OR PERMITS ISSUED BY THE APPROPRIATE AUTHORITIES IN THE UNITED STATES TO UNITED STATES PERSONNEL FOR THE OPERATION OF VEHICLES, THAT SUCH PERSONNEL BE AUTHORIZED TO WEAR UNIFORMS WHILE PERFORMING OFFICIAL DUTIES IN NICARAGUA, AND TO CARRY WEAPONS AS AGREED TO BY BOTH GOVERNMENTS. THE EMBASSY ALSO PROPOSES THAT THE GOVERNMENT OF THE REPUBLIC OF NICARAGUA ACCORD DUTY-FREE IMPORTATION AND EXPORTATION, AS WELL AS EXEMPTION FROM INSPECTIONS AND TAXATION ON PRODUCTS, PROPERTY, MATERIAL, AND EQUIPMENT, IMPORTED INTO, ACQUIRED IN OR EXPORTED FROM NICARAGUA BY OR ON BEHALF OF THE UNITED STATES GOVERNMENT OR ITS PERSONNEL IN CONNECTION WITH THE 2009 OPERATIONAL ACTIVITIES; AND THAT THE PARTIES SHALL COOPERATE IN TAKING SUCH STEPS AS SHALL BE NECESSARY TO ENSURE THE SECURITY OF UNITED STATES PERSONNEL AND PROPERTY IN NICARAGUA. THE EMBASSY FURTHER PROPOSES VEHICLES, VESSELS, AND AIRCRAFT OWNED OR OPERATED BY OR FOR THE UNITED STATES ARMED FORCES SHALL NOT BE SUBJECT TO THE PAYMENT OF LANDING OR PORT FEES, PILOTAGE CHARGES, NAVIGATION, OVERFLIGHT, OR PARKING CHARGES OR LIGHTERAGE OR HARBOR DUES WHILE IN NICARAGUA; HOWEVER, THE UNITED STATES ARMED FORCES SHALL PAY REASONABLE CHARGES FOR SERVICES REQUESTED AND RECEIVED. VEHICLES OWNED BY THE UNITED STATES NEED NOT BE REGISTERED, BUT SHALL HAVE APPROPRIATE IDENTIFICATION MARKINGS. THE GOVERNMENT OF NICARAGUA SHALL ACCEPT AS VALID PROFESSIONAL LICENSES ISSUED BY THE APPROPRIATE GOVERNMENT AUTHORITIES IN THE UNITED STATES TO UNITED STATES PERSONNEL. TITLE TO UNITED STATES GOVERNMENT PROPERTY (SUCH AS EQUIPMENT, MATERIAL, SUPPLIES, AND OTHER PROPERTY) IMPORTED INTO OR ACQUIRED IN NICARAGUA BY OR ON BEHALF OF THE UNITED STATES DEPARTMENT OF DEFENSE IN CONNECTION WITH THE 2009 OPERATIONAL ACTIVITIES SHALL REMAIN WITH THE UNITED STATES DEPARTMENT OF DEFENSE, WHICH MAY REMOVE SUCH PROPERTY FROM NICARAGUA AT ANY TIME, FREE FROM EXPORT DUTIES, TAXES, AND OTHER CHARGES. THE EXEMPTION PROVIDED IN THIS PARAGRAPH SHALL ALSO EXTEND TO ANY DUTY, TAX, OR OTHER CHARGE THAT IS ASSESSED UPON SUCH PROPERTY AFTER IMPORTATION INTO OR ACQUISITION IN NICARAGUA. UNITED STATES ARMED FORCES AND UNITED STATES PERSONNEL PROPERTY MAY BE REMOVED FROM NICARAGUA, OR DISPOSED THEREIN, PROVIDED THAT DISPOSITION OF SUCH PROPERTY IN NICARAGUA TO PERSONS OR ENTITIES NOT ENTITLED TO EXEMPTION FROM APPLICABLE TAXES OR DUTIES SHALL BE SUBJECT TO PAYMENT OF SUCH TAXES AND DUTIES BY SUCH PERSONS OR ENTITIES. IT SHALL BE THE RESPONSIBILITY OF UNITED STATES PERSONNEL TO RESPECT THE LAWS OF NICARAGUA AND TO ABSTAIN FROM ANY ACTIVITY INCONSISTENT WITH THE SPIRIT OF THE 2009 OPERATIONAL ACTIVITIES. AUTHORITIES OF THE GOVERNMENT OF THE UNITED STATES SHALL TAKE NECESSARY MEASURES TO THAT END. NICARAGUAN AND UNITED STATES MILITARY POLICE INVESTIGATORS SHALL COOPERATE IN THE INVESTIGATION OF ANY CRIME BELIEVED TO HAVE BEEN COMMITTED BY OR AGAINST UNITED STATES PERSONNEL. THE EMBASSY PROPOSES THAT BOTH GOVERNMENTS SHALL WAIVE ANY AND ALL CLAIMS (OTHER THAN CONTRACTUAL CLAIMS) AGAINST EACH OTHER FOR PERSONAL INJURY TO OR DEATH OF THEIR MILITARY OR CIVILIAN PERSONNEL, OR FOR DAMAGE, LOSS, OR DESTRUCTION OF PROPERTY ARISING OUT OF THE 2009 OPERATIONAL ACTIVITIES. THE UNITED STATES GOVERNMENT SHALL PAY, IN ACCORDANCE WITH UNITED STATES LAW, FAIR AND REASONABLE COMPENSATION IN SETTLEMENT OF MERITORIOUS CLAIMS BY THIRD PARTIES ARISING OUT OF ACTS OR OMISSIONS OF UNITED STATES PERSONNEL OR THAT IS OTHERWISE IN CONNECTION WITH ACTIVITIES OF THE UNITED STATES ARMED FORCES UNDER THIS AGREEMENT. IN THE EVENT THAT AGREED ACTIVITIES INVOLVE THE USE OF CONTRACTORS, THE UNITED STATES DEPARTMENT OF DEFENSE MAY AWARD CONTRACTS FOR THE ACQUISITION OF ARTICLES AND SERVICES IN ACCORDANCE WITH UNITED STATES LAW AND REGULATIONS. THE UNITED STATES DEPARTMENT OF DEFENSE SHALL HAVE THE RIGHT TO CHOOSE SUCH CONTRACTORS, AND SUCH CONTRACTORS AND THEIR EMPLOYEES WHO ARE FOREIGNERS OR NON-NATIONALS OF NICARAGUA SHALL BE ACCORDED THE SAME PRIVILEGES AS UNITED STATES PERSONNEL WITH REGARD TO LICENSING AND REGISTRATION OF VEHICLES, DRIVERS, AND PROFESSIONAL PERSONNEL; AND WITH REGARD TO THE EXPORT, IMPORT, AND ACQUISITION OF GOODS AND EQUIPMENT FOR OFFICIAL OR PERSONAL USE. THE UNITED STATES ARMED FORCES AND UNITED STATES PERSONNEL MAY USE WATER, ELECTRICITY, AND OTHER PUBLIC SERVICES AND FACILITIES, FOR WHICH THE GOVERNMENT OF NICARAGUA WILL ASSIST THE UNITED STATES AUTHORITIES IN TAKING MEASURES TO OBTAIN SUCH SERVICES FROM THE INSTITUTIONS AND CORRESPONDING OFFICES, FOR THE APPROPRIATE DEVELOPMENT OF THE AFOREMENTIONED 2009 OPERATIONAL ACTIVITIES. FINALLY, ADDITIONAL ARRANGEMENTS AS MAY BE NECESSARY MAY BE ENTERED INTO BY THE APPROPRIATE AUTHORITIES OF THE TWO GOVERNMENTS. IF THE FOREGOING IS ACCEPTABLE TO THE GOVERNMENT OF THE REPUBLIC OF NICARAGUA, THE EMBASSY PROPOSES THAT THIS NOTE, TOGETHER WITH THE MINISTRY'S REPLY TO THAT EFFECT, SHALL CONSTITUTE AN AGREEMENT BETWEEN THE TWO GOVERNMENTS, WHICH SHALL ENTER INTO FORCE ON THE DATE OF THE MINISTRY'S REPLY, AND SHALL REMAIN IN FORCE FOR THE DURATION OF THE 2009 OPERATIONAL ACTIVITIES. THE EMBASSY OF THE UNITED STATES OF AMERICA AVAILS ITSELF OF THIS OPPORTUNITY TO RENEW TO THE MINISTRY OF FOREIGN AFFAIRS THE ASSURANCES OF ITS HIGHEST CONSIDERATION. EMBASSY OF THE UNITED STATES OF AMERICA, MANAGUA, (DATE). END TEXT DIP NOTE ON SOFA. ¶4. (U) BEGIN TEXT OF DIP NOTE ON CUSTOMS PROCEDURES. THE EMBASSY OF THE UNITED STATES OF AMERICA PRESENTS ITS COMPLIMENTS TO THE MINISTRY OF FOREIGN AFFAIRS OF THE REPUBLIC OF NICARAGUA AND HAS THE HONOR TO REFER TO DISCUSSIONS BETWEEN THE GOVERNMENT OF NICARAGUA AND THE GOVERNMENT OF THE UNITED STATES OF AMERICA REGARDING PROCEDURES RELATED TO CUSTOMS ISSUES IN REFERENCE TO ACTIVITIES DESCRIBED IN DIPLOMATIC NOTE NO. .OF (DATE). THE MILITARY-TO-MILITARY ACTIVITIES IN NICARAGUA SCHEDULED FOR 2009, AS MUTUALLY AGREED IN DIPLOMATIC NOTE NO. OF (DATE),WILL BE CARRIED OUT TO FURTHER THE RELATIONSHIP OF FRIENDSHIP AND COOPERATION THAT EXISTS BETWEEN THE REPUBLIC OF NICARAGUA AND THE UNITED STATES OF AMERICA. IN SUPPORT OF THESE MILITARY ACTIVITIES, THE EMBASSY OF THE UNITED STATES WILL ASSUME RESPONSIBILITY FOR COORDINATING THE DUTY-FREE IMPORTATION AND EXPORTATION OF PRODUCTS, PROPERTY, MATERIEL, AND EQUIPMENT, IMPORTED INTO, ACQUIRED IN OR EXPORTED FROM NICARAGUA BY OR ON BEHALF OF THE UNITED STATES GOVERNMENT OR ITS PERSONNEL IN CONNECTION WITH THE 2009 OPERATIONAL ACTIVITIES, BY MEANS OF DUTY-FREE PERMITS, AND/OR AS APPROPRIATE, THROUGH PERMITS (FRANQUICIAS) OR A DUTY-FREE &PROVISIONAL IMPORTATION CERTIFICATE,8 GRANTED IN THE NAME OF THE MISSION. THE EMBASSY HAS IN PLACE PROCEDURES TO ENSURE OUR ABILITY TO CARRY OUT THIS RESPONSIBILITY. THE EMBASSY ALSO REAFFIRMS THE AGREEMENT OF DIPLOMATIC NOTE NO. IN WHICH THE GOVERNMENT OF THE REPUBLIC OF NICARAGUA WILL ACCORD DUTY-FREE IMPORTATION AND EXPORTATION, AS WELL AS EXEMPTION FROM INSPECTIONS AND TAXATION ON PRODUCTS, PROPERTY, MATERIAL, AND EQUIPMENT, IMPORTED INTO, ACQUIRED IN OR EXPORTED FROM NICARAGUA BY OR ON BEHALF OF THE UNITED STATES GOVERNMENT OR ITS PERSONNEL IN CONNECTION WITH THE 2009 OPERATIONAL ACTIVITIES. IF THE FOREGOING IS ACCEPTABLE TO THE GOVERNMENT OF THE REPUBLIC OF NICARAGUA, THE EMBASSY PROPOSES THAT THIS NOTE, TOGETHER WITH THE MINISTRY'S REPLY TO THAT EFFECT, SHALL CONSTITUTE AN AGREEMENT BETWEEN THE TWO GOVERNMENTS, WHICH SHALL ENTER INTO FORCE ON THE DATE OF THE MINISTRY'S REPLY, AND SHALL REMAIN IN FORCE FOR THE DURATION OF THE 2009 OPERATIONAL ACTIVITIES. THE EMBASSY OF THE UNITED STATES OF AMERICA AVAILS ITSELF OF THIS OPPORTUNITY TO RENEW TO THE MINISTRY OF FOREIGN AFFAIRS THE ASSURANCES OF ITS HIGHEST CONSIDERATION. EMBASSY OF THE UNITED STATES OF AMERICA, MANAGUA, (DATE). ¶5. (C) ANY HOST COUNTRY PROPOSALS FOR CHANGES TO THE U.S. TEXT SHOULD BE REFERRED TO THE DEPARTMENT. STATE POCS ARE ALBERT KRAAIMOORE, WHA/CEN (202-647-1510) AND CDR TOM HEROLD, L/PM (202-647-7563). DOD POCS ARE WALTER EARLE, OSD/WHA (703-697-3327) AND VANESSA MITCHELL (703-697-3190). ¶6. (C) UPON CONCLUSION OF THE EXCHANGE OF NOTES, EMBASSY SHOULD REPORT THE AGREEMENT BY CABLE AND FAX A COPY OF THE NOTES TO L/T AT 202-647-9844. POST SHOULD FOLLOW THIS UP BY SENDING THE ORIGINAL NICARAGUA NOTE WITH A CERIFIED COPY OF THE U.S. NOTE TO THE DEPARTMENT, L/T, ROOM 5420, ATT: DAPHNE COOK. RICE