SIGNIFICANT PROGRESS ACHIEVED DURING FOURTH ROUND

C O N F I D E N T I A L BOGOTA 002073 SIPDIS E.O. 12958: DECL: 06/26/2019 TAGS: MARR PREL MOPS PGOV MCAP KTIA PTER CO SUBJECT: SIGNIFICANT PROGRESS ACHIEVED DURING FOURTH ROUND OF COLOMBIA DCA TALKS REF: BOGOTA 01334 Classified By: Political Counselor John Creamer Reasons 1.4 (b and d) SUMMARY -------------- ¶1. (C) U.S. and Colombian delegations made swift and significant progress during the fourth round of Defense Cooperation Agreement (DCA) talks, held in Bogota on June 23-25. The two sides reached nearly complete agreement on roughly eighty percent of the DCA text. President Uribe's instructions to his delegation to press ahead quickly paid clear dividends, as the GOC team showed increased flexibility on several key issues. Foreign Minister Bermudez expressed optimism that the few remaining substantive issues could be quickly overcome. The fifth and possibly final round of talks is scheduled to take place in Washington D.C. on July 29-31. A detailed list of the status of the DCA's twenty-six articles is included in paragraph seven below. End summary. DCA ROUND FOUR -------------- ¶2. (C) The U.S. and Colombian delegations convened in Bogota on June 23-25 for the fourth round of negotiations on the DCA. Deputy Foreign Minister ClemenciaForero, Deputy Defense Minister Juan Pinzon, and Deputy Defense Minister Sergio Jaramillo led the Colombian delegation. PM Senior Advisor Ambassador Jackson McDonald headed the U.S. delegation comprised of State and DOD representatives. URIBE'S PRESSURE YIELDS DIVIDENDS -------------- ¶3. (C) The three Colombian Vice Ministers began the talks by stressing President Uribe's emphatic instructions to his delegation to move ahead as quickly as possible. This pressure paid clear dividends at the negotiating table, as the GOC team showed much greater flexibility than in the past and made a number of concessions on key provisions, such as the ability of USG personnel to carry weapons. The two delegations made swift and significant progress, reaching nearly complete agreement on the text of 20 of the agreement's 26 articles. A detailed list of the status of the DCA articles is included in paragraph 7 below. FEW STICKING POINTS REMAIN -------------- ¶4. (C) The following substantive issues remain to be resolved in the DCA: a) payment of fees and other charges for U.S. vehicles, aircraft and vessels in Article VI; b) the ability of the USG to exercise UCMJ jurisdiction and conduct courts martial in Colombian territory in Article VIII; c) tax and customs treatment in Article X; d) freedom of movement of USG personnel in Article XI; and e) claims related to USG contractors in Article XX. The delegations identified possible solutions for several of these provisions and plan to discuss them in a technical meeting prior to the next plenary negotiation. FOREIGN MINISTER OPTIMISTIC -------------- ¶5. (C) In a closing meeting on June 25, Colombian Foreign Minister Jaime Bermudez congratulated the delegations for the progress achieved during Round IV and expressed optimism that the remaining issues could be resolved. He emphasized that there is great political will on the part of the GOC to conclude an agreement, and noted that President Uribe plans to raise the DCA with President Obama during their meeting in Washington on June 29. NEXT STEPS -------------- ¶6. (C) The delegations agreed to meet for a fifth round of DCA negotiations in Washington on July 29-31. Time will tell whether this next round will suffice to resolve the remaining differences, which are small in number but difficult in substantive terms. The two sides also agreed to form a technical working group to discuss possible solutions to the remaining issues during the week of July 6. DETAILED STATUS OF DCA ARTICLES -------------- ¶7. (C) The following is a detailed list of the status of the 25 articles in the DCA: Complete provisional agreement reached on the preamble and the following sixteen articles: Preamble Article II Bilateral Defense and Security Consultations Article III Goal of Cooperation and Technical Assistance in Defense and Security Article V Aircraft Entrance and Overflight Authorization Procedures Article VII Respect for DOMESTIC Law Article IX Entry, Exit and Travel Documentation Article XI Construction Article XII Contracting and Contractors Article XIV Administrative Facilitation Article XV Uniforms and Weapons Article XVI Security Article XVII Vehicle Licenses, Registration, Insurance and Professional Licenses Article XXI Environment, Health and Safety Article XXII Facilitation of Aircraft Riders Article XXIII Implementation, Evaluation and Amendment Article XXIV Resolution of Disagreements Article XXV Entry into force and duration Nearly complete provisional agreement reached on the following four articles: Article IV Access, Use and Ownership of Agreed Facilities and Locations Article XIII Utilities Article XIX Claims Article XX Postal Services and Communication Substantive differences remain in the following six articles: Article I Definitions Article VI Payment of Fees and Other Charges Article VIII Status of Personnel Article X Importation, Exportation, Acquisition and Use Article XI Freedom of Movement Article XVIII Tax Exemptions ¶8. (U) This cable was reviewed by Ambassador McDonald. Nichols =======================CABLE ENDS============================