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