PROPOSAL FOR EXCHANGE OF NOTES ON STATUS OF U.S.

C O N F I D E N T I A L BEIRUT 001289 SIPDIS E.O. 12958: DECL: 12/04/2019 TAGS: MARR MOPS PREL OPDC LE SUBJECT: PROPOSAL FOR EXCHANGE OF NOTES ON STATUS OF U.S. FORCES IN LEBANON Classified By: CDA, a.i. Thomas F. Daughton for reasons 1.4 (b) and (d). ¶1. (C) SUMMARY AND ACTION REQUEST: For over a year, U.S. military engagement activities in Lebanon have been expanding rapidly in number and scope. In addition to the growing list of short-term engagements, in early 2010 the Embassy's Office of Defense Cooperation (ODC) will inaugurate a comprehensive training program for the Lebanese Armed Forces (LAF) that will further expand the breadth and visibility of our mil-to-mil activities. This expanded engagement has necessitated the assignment of additional military personnel to Lebanon for temporary duty. Given the lack of a status of forces agreement (SOFA) with Lebanon, we request Department permission to seek an interim solution to provide status protections for affected personnel. The draft text of a proposed agreement in the form of a diplomatic note exchange appears in paragraph 5. End Summary and Action Request. EXPANDING COOPERATION -------------- ¶2. (C) To bolster the U.S.-Lebanon defense relationship and in support of our robust foreign military financing (FMF) program, the Embassy has been supporting an increasing number of short-term visits by U.S. service members to Lebanon for engagement activities. These activities range from meetings and seminars that last a few days to Joint Combined Exercises for Training (JCETs) that last as long as eight weeks. The growth in the number, frequency, and personnel footprint of these activities has quickly outpaced a related proposal to negotiate a new SOFA with Lebanon to replace the 1958 SOFA that was abrogated by the Lebanese many years ago. ¶3. (C) Currently, there is no agreement of any kind covering status or privileges and immunities for U.S. forces temporarily in Lebanon. As a result, U.S. military personnel in Lebanon not under Chief of Mission authority (i.e., those under regional command authority) currently operate here without legal protections. To date, both for force protection purposes and for status reasons, the practice with nearly all engagement activities has been to house visiting service members on the Embassy compound and thereby extend at least putative administrative and technical (A&T) status under the Vienna Convention on Diplomatic Relations. We are aware that such status might not be in fact enforceable, but fortunately we have not had reason to test it. Given the expansion of activities and our limited space, however, it is becoming increasingly difficult for us to accommodate all the visitors. SOFA OBSTACLES -------------- ¶4. (C) A full SOFA with Lebanon would require the approval of the Lebanese cabinet, where Hizballah and its allies maintain a de facto veto on significant issues such as treaties. It would also require approval by the parliament, where it would face close scrutiny and possible defeat. The issue of U.S. military intentions in Lebanon remains a sensitive one, with reports about alleged American desires to open a military base here appearing regularly in the local media. To avoid an open public debate on status protections and to provide ourselves the best chance for a near-term solution to the lack of such protections, we propose to pursue a limited-duration arrangement with GOL in the form of an exchange of diplomatic notes that would convey A&T-like protections. If the period covered by such an arrangement is less than one year, the Lebanese constitution does not require parliamentary approval. It is also possible, albeit not certain, that with the assistance of the defense ministry we could secure the agreement without full cabinet consideration of the issue. We believe that such an approach offers the most feasible opportunity to obtain status protections for the hundreds of U.S. service members who will visit Lebanon in 2010 for mil-to-mil engagement. ¶5. (C) ACTION REQUEST: Embassy requests Department permission to engage in discussions with the GOL to conclude an exchange of diplomatic notes conveying A&T-like status to U.S. service members temporarily in Lebanon. We propose to use the following text as a basis for those discussions. This text likely exceeds in some respects (such as the specific provision on criminal jurisdiction) what we can actually get the Lebanese to agree to, but we believe it provides a workable basis for approaching them. BEGIN PROPOSED TEXT: The Embassy of the United States of America presents its compliments to the Ministry of Foreign Affairs and Emigrants of the Republic of Lebanon and has the honor to refer to United States military personnel who may be temporarily present in Lebanon in connection with mutually agreed activities including, for example, ship visits, training, exercises, and humanitarian activities, occurring between January 1, 2010 and December 31, 2010 (hereinafter, "Designated U.S. Military Personnel"). The Embassy proposes that Designated U.S. Military Personnel be accorded privileges, exemptions, and immunities equivalent to those accorded to the administrative and technical staff of a diplomatic mission under the Vienna Convention on Diplomatic Relations of April 18, 1961. The Embassy further proposes that Designated U.S. Military Personnel be authorized to wear uniforms while performing official duties and to carry arms while on duty if authorized to do so by their orders. The Embassy further proposes that the Government of Lebanon recognize the particular importance of disciplinary control by United States Armed Forces authorities over United States military personnel and authorize the Government of the United States to exercise criminal jurisdiction over Designated U.S. Military Personnel for acts committed in Lebanon. The Embassy also proposes that the Government of Lebanon and the Government of the United States confirm that Designated U.S. Military Personnel will not be surrendered to, or otherwise transferred to, the custody of an international tribunal or any other entity or STATE without the express consent of the Government of the United States of America. The Embassy further proposes that the Governments of Lebanon and the United States waive any and all claims (other than contractual claims) against each other for damage to, loss, or destruction of the other's property or injury or death to personnel of either State's armed forces or their civilian personnel arising out of the performance of their official duties in connection with activities under this agreement. Finally, the Embassy proposes that the Governments of Lebanon and the United States, or their designated representatives, may enter into implementing arrangements to carry out the provisions of this agreement. If the foregoing is acceptable to the Government of Lebanon, 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. (formal closing) END PROPOSED TEXT. ¶6. (U) Embassy appreciates the Department's consideration of this proposal. DAUGHTON