NICARAGUA SOFA: RESPONSE TO NICARAGUAN PROPOSED

UNCLAS STATE 069341 SENSITIVE SIPDIS E.O. 12958: N/A TAGS: KTIA MARR NU PREL SUBJECT: NICARAGUA SOFA: RESPONSE TO NICARAGUAN PROPOSED CHANGES REF: A. (A) MANAGUA 000515 ¶B. (B) STATE 002677 ¶1. This is an action request. See paragraphs 3-8. ¶2. Ref A requested guidance in response to GON proposed changes to U.S. SOFA proposal in Ref B. The GON proposed six changes to the U.S. text. Guidance follows. ¶3. Change 1, Para 1, last sentence: concur with the GON proposed change to delete the end of the sentence and replace with new text. However, deletion should begin with the word "the purposes of", so that the new sentence reads "The implementation of each of these activities (hereafter referred to collectively as 2008 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." ¶4. Change 2, para 2, first clause: Washington can accept the replacement of the word "status" with the word "treatment", with the understanding that "treatment" covers the status of U.S. personnel temporarily in country for official purposes, including all applicable privileges and immunities equivalent to those received by Embassy Administrative and Technical personnel. ¶5. Change 3, para 2, third clause: Concur with the insertion of "...valid, unexpired...", but Embassy should clarify to GON authorities that in certain U.S. states (e.g., Texas) the driver's licenses of military members serving on active duty outside that state do not expire under state law despite the date listed on the license. If the issue of a military member driving with an apparently expired driver's license were to arise, GON authorities should consult with the U.S. Embassy for clarification of the applicable U.S. regulations. ¶6. Change 4, insertion in para 3: Washington can not accept the Nicaraguan change, which calls for a procedure relying on Embassy diplomatic import and export permits. Although we understand that issues exist as to the most efficient and appropriate procedures, our understanding is that there is agreement on the underlying principle that imports and exports related to the agreed operational activities should be duty-free. Accordingly, we recommend that these procedures be worked out between the GON and Embassy and agreed, as appropriate, separately from this exchange of notes. ¶7. Changes 5 and 6 to correct Spanish grammar are acceptable. ¶8. If these responses are acceptable to the GON, Embassy may conclude the exchange of notes as specified in Ref B. RICE