KYRGYZSTAN: PROVISIONAL AGREEMENT REACHED TO

S E C R E T BISHKEK 000299 NOFORN NSC FOR GENERAL JONES CENTCOM FOR GENERAL PETRAEUS OSD FOR SECRETARY GATES AFCENT FOR GENERAL NORTH DEPT FOR P - U/S BURNS DEPT FOR SCA - DAS KROL DEPT FOR PM - ACTING A/S RUGGIERO AND DAS DELAWIE E.O. 12958: DECL: 04/04/2019 TAGS: PGOV PREL MARR MOPS KG SUBJECT: KYRGYZSTAN: PROVISIONAL AGREEMENT REACHED TO CONTINUE OPERATIONS AT MANAS REF: A. STATE 32985 ¶B. BISHKEK 297 ¶C. BISHKEK 292 ¶D. STATE 9012 ¶1. (S/NF) The joint State-DOD negotiating team, led by Ambassador Jackson McDonald, reached provisional (ad ref) agreement on both the draft framework agreement and the draft protocol on Manas. Our interlocutors, Foreign Minister Kadyrbek Sarbayev and Minister of Defense Bakytbek Kalyev, arrived this morning, April 4, evidently with clear instruction from President Bakiyev to conclude the deal. ¶2. (S/NF) This morning our interlocutors withdrew most of their objections to the framework agreement, and we accommodated their concerns wherever possible on face-saving elements. The afternoon session was devoted specifically to Manas and other elements of the February 2 offer. ¶3. (S/NF) The Foreign Minister and the Minister of Defense emphasized that they do not want to be the weak link in the Central Asian bulwark against terrorism and narcotrafficking. They expressed hope that the counterterrorism funding ($10 million) would be extended into future years given the ongoing threat. They requested that the counternarcotics funding ($21.5 million) be extended into future years as well. Ambassador McDonald took note of their concerns, replied that he could not commit to funding in future years absent Congressional appropriation, and expressed his opinion that successful counterterrorism and counternarcotics programs this year would enhance chances for funding over future years. ¶4. (S/NF) Foreign Minister Sarbayev expressed disappointment that Kyrgyz firms had not received contracts for reconstruction projects in Afghanistan. Ambassador McDonald replied that he would urge Washington to give Kyrgyz bids all due consideration if they are competitive and constitute best value, in accordance with U.S. law. ¶5. (S/NF) Foreign Minister Sarbayev stated yesterday, April 3, and again today, April 4, that Kyrgyzstan had been a stalwart ally in the war against terrorism, including permitting access to Manas since 2001, but that the U.S. had never invited President Bakiyev to Washington. Ambassador McDonald replied that he would convey the Foreign Minister's concerns to Washington. He expressed his personal view that a free, fair, and transparent presidential election in July would enhance President Bakiyev's prospects. ¶6. (S/NF) With regard to reimbursement for use of Manas, the Kyrgyz representatives argued that $40 million was insufficient. They asked for the amount to be increased. Ambassador McDonald said that he had consulted with Washington following yesterday's discouraging negotiations and was authorized to increase the offer to $52.2 million per year or three times the current reimbursement ($17.4 million). The Foreign Minister said that his recollection from the 2006 negotiations was that the $17.4 million amount was supposed to have been $20 million. He argued forcefully for three times $20 million for a total of $60 million. After extensive argumentation and based on the authorized ceiling of $75 million, Ambassador McDonald agreed to the sum of $60 million. ¶7. (S/NF) The draft framework agreement will require Washington's review and approval, especially Article 2 concerning the status of personnel, i.e., jurisdiction. To meet Kyrgyz concerns, dictated by President Bakiyev, who must defend this agreement before parliament and the Kyrgyz public, this provision required some flexible drafting which we believe provides full protection for U.S. personnel in Kyrgyzstan. ¶8. (S/NF) As reported in Ref C, the Kyrgyz want the draft protocol specifically on activities at Manas to be legally binding. Based on the current authorization, we have negotiated a draft non-binding protocol. However, we believe that it contains no provision that would prevent it from becoming a legally binding agreement. ¶9. (S/NF) Based on the successful conclusion of both agreements ad ref, the delegation plans to depart Bishkek on schedule at 1000 hours on April 5. ¶10. (SBU) The Kyrgyz and U.S. delegations agreed on the following press guidance: If asked: Following the International Conference on Afghanistan at The Hague, representatives of the governments of the Kyrgyz Republic and the United States met in Bishkek to discuss our mutual efforts to support stability in Afghanistan. If pressed: The delegations discussed a broad range of issues related to bilateral cooperation, and discussions continue. GFOELLER