Identifier
Created
Classification
Origin
08STATE55858
2008-05-23 22:18:00
SECRET
Secretary of State
Cable title:  

IRAQI SOFA NEGOTIATOR VISIT - BACKGROUND

Tags:  GM IZ JA KS KTIA MARR PGOV PREL SN SOFA 
pdf how-to read a cable
VZCZCXRO2574
PP RUEHBC RUEHDE RUEHIHL RUEHKUK
DE RUEHC #5858/01 1442226
ZNY SSSSS ZZH
P R 232218Z MAY 08
FM SECSTATE WASHDC
TO RUEHRL/AMEMBASSY BERLIN PRIORITY 4641
RUEHUL/AMEMBASSY SEOUL PRIORITY 7518
RUEHGP/AMEMBASSY SINGAPORE PRIORITY 8489
RUEHKO/AMEMBASSY TOKYO PRIORITY 4415
RHMFISS/JOINT STAFF WASHINGTON DC PRIORITY
RHMFISS/HQ USEUCOM VAIHINGEN GE PRIORITY
RHMFISS/CDR USCENTCOM MACDILL AFB FL PRIORITY
RUEKJCS/SECDEF WASHINGTON DC PRIORITY
RHMFISS/CDR USPACOM HONOLULU HI PRIORITY
INFO IRAQ COLLECTIVE
RUEHAK/AMEMBASSY ANKARA 4460
RUEHGB/AMEMBASSY BAGHDAD 8302
S E C R E T SECTION 01 OF 03 STATE 055858 

SIPDIS

E.O. 12958: DECL: 05/21/2018
TAGS: GM IZ JA KS KTIA MARR PGOV PREL SN SOFA
SUBJECT: IRAQI SOFA NEGOTIATOR VISIT - BACKGROUND
INFORMATION

REF: A. STATE 53211

B. BAGHDAD 739

C. BAGHDAD 1037

D. BAGHDAD 1536

Classified By: NEA DAS Lawrence E. Butler for reasons 1.4 (b) and (d).

-------
SUMMARY
-------

S E C R E T SECTION 01 OF 03 STATE 055858

SIPDIS

E.O. 12958: DECL: 05/21/2018
TAGS: GM IZ JA KS KTIA MARR PGOV PREL SN SOFA
SUBJECT: IRAQI SOFA NEGOTIATOR VISIT - BACKGROUND
INFORMATION

REF: A. STATE 53211

B. BAGHDAD 739

C. BAGHDAD 1037

D. BAGHDAD 1536

Classified By: NEA DAS Lawrence E. Butler for reasons 1.4 (b) and (d).

--------------
SUMMARY
--------------


1. (U) This is a joint Department of State-Department of
Defense cable.


2. (S) The Status of Forces Agreement being negotiated with
Iraq is intended to be an enduring document similar to SOFAs
the United States has with other countries: setting the
"rules of the road" whenever U.S. forces are present in the
host country, and covering such issues as jurisdiction over
personnel, access to facilities, import/export of materiel,
freedom of movement within the country, taxation, etc.
However, because of the current situation in Iraq, the SOFA
text under negotiation includes three "Attachments" of
limited duration that would provide combat and detention
authorities, as well as exclusive U.S. jurisdiction over
certain DOD contractors for incidents occurring during the
performance of their contracts. This cable provides
background information only to further prepare posts to
support the fact-finding visit of the Iraqi SOFA negotiating
team (reftel A). This visit is entirely an Iraqi initiative.
U.S. interlocutors should limit their discussions to the
workings of the bilateral SOFA with your host country and, in
particular, should not discuss the progress or potential
results of the U.S.-Iraqi SOFA negotiations. End summary.

--------------
SOFA AND STRATEGIC FRAMEWORK
--------------


3. (S) Bilateral SOFA negotiations with Iraq began on March
11, 2008, in Baghdad. Iraqi Deputy Foreign Minister Mohammed
Haj Hamoud leads the Iraqi negotiating team while Ambassador
Robert Loftis leads the U.S. team. (NOTE: The Government of
Iraq has emphatically asked that, for security reasons, no
members of its negotiating team, including the lead, be
identified publicly under any circumstances. End note). The

United States and Iraq are also engaged in parallel
negotiations of a Strategic Framework that encompasses the
full range of political, economic, diplomatic, cultural, and
security relationships between the two countries. The two
documents will be brought together in a single "package," but
the exact way in which that will be done is yet to be
determined.

--------------
SOFA NEGOTIATIONS
--------------


4. (S) The discussion of the draft SOFA has been a serious
and workman-like affair. The Iraqis prepared for the
negotiations by examining other U.S. SOFAs, and were familiar
with most of the concepts. There have been no particular
surprises in the Iraqis' questions and comments, which
mirrored in many ways other recent SOFA negotiations:
jurisdiction over U.S. forces and civilian personnel,
property ownership, respect for local laws and customs, host
nation rental charges for use of facilities, etc. Discussion
of the three unique attachments has focused primarily on the
authority to conduct combat operations and security
detentions, with less time on the question of U.S. vice Iraqi
jurisdiction over those DOD contractors required to carry
weapons to perform their duties (e.g., security contractors).
The U.S. delegation has also provided the Iraqis with the
separate draft agreement to address similar non-DOD
contractors in the same manner as DOD contractors.


5. (S) The two sides have made substantial progress in

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negotiating the text, coming to agreement on a number of
provisions (see ref D). Key differences remain, including on
jurisdiction over personnel (military and DOD civilian
employees, but not dependents),rent, authorities for combat
and detention operations, jurisdiction over certain
contractors, and taxation. The teams plan to reconvene in
early June, possibly in Washington after the GOI SOFA
negotiating team visits Turkey, Germany, Japan, Korea, and
Singapore to discuss with those governments the
implementation of their SOFAs with the United States.

--------------
BRIEFING THE IRAQIS
--------------


6. (S) Posts should be aware that the travel of the Iraqi
SOFA negotiating team is entirely an Iraqi initiative,
intended to demonstrate to Iraq's Council of Representatives
and the Iraqi public that the negotiating team is conducting
due diligence in their discussions with the United States.
Neither precise trip itineraries, delegation lists, nor
objectives have been shared with the USG. Ref A requested
Embassies discuss the Iraqi visit with host governments and
facilitate any requests from the Iraqis for briefings from
local U.S. officials. We now understand the Iraqi team may
request permission to visit military facilities used by the
U.S. in at least some of the countries they are visiting.
Washington asks posts and commands to accommodate these
requests to the extent feasible without impacting operations.
Briefings should focus on SOFA implementation issues and be
kept at the SBU/FOUO level. Posts may coordinate with local
commands to obtain, if available, a knowledgeable military
judge advocate for embassy meetings. The above background on
the SOFA negotiation process with Iraq is provided only for
background information to assist embassies and commands in
preparing for possible Iraqi questions and inform discussions
with the Iraqi delegation. Posts and commands are requested
to avoid discussing or commenting on the bilateral SOFA
negotiations with Iraq, even if asked directly to do so.


7. (C) For Singapore: We understand that the Iraqis have
added Singapore to the list of countries to be visited
because of the 2005 Strategic Framework Agreement (SFA)
between the United States and Singapore. In discussions with
host government, Post is requested to emphasize Iraqi
interest in the SFA. If host government raises the issue of
the SOFA and requests USG consent to discuss the classified
1990 MOU regarding U.S. use of facilities in Singapore, and
associated 2005 Protocol, Post should reply that it is
awaiting instructions from Washington on authority to
disclose the contents of these documents to the Iraqi
delegation. (NOTE: DOD's internal suspense for a decision
on disclosure of these documents to the Iraqis is May 28.)


8. (C) The Iraqis are likely to focus on a few key questions
such as jurisdiction over U.S. DOD personnel and payment for
access to facilities. To the extent that these issues arise,
posts and commands are requested to make the following points
in the context of our bilateral relationship with the host
nation:

-- Emphasize, to the extent applicable in the given country,
that even where there is concurrent jurisdiction, the host
nation often waives its rights to prosecute and relies on
U.S. DOD authorities to take appropriate action (disciplinary
action, prosecution under the Uniform Code of Military
Justice (UCMJ),referral for prosecution under the Military
Extraterritorial Jurisdiction Act (MEJA),etc.);

-- U.S. exemption as a sovereign from any taxes, fees, or
other charges that are akin to taxes;

-- Note, where applicable, that not only does the host nation
not charge the United States for access to its facilities,
the host nation contributes significant amounts in
non-personnel stationing costs;

-- Explain the process for settling claims for damage to
non-government property of host nation citizens, including
cost-sharing aspects;

-- Procedures for import and export of official items without

STATE 00055858 003 OF 003


customs charge or inspection;

-- Explain how the SOFA is implemented through joint
commissions or other mechanisms with the host nation.
RICE