Identifier
Created
Classification
Origin
09BOGOTA2505
2009-08-06 22:58:00
CONFIDENTIAL
Embassy Bogota
Cable title:  

COLOMBIA DCA WORKING GROUP TALKS YIELD MORE

Tags:  MARR PREL MASS MCAP MOPS PGOV PTER KTIA CO 
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RUEHNL RUEHQU RUEHRD RUEHRG RUEHRS RUEHTM RUEHVC
DE RUEHBO #2505/01 2182258
ZNY CCCCC ZZH
P 062258Z AUG 09
FM AMEMBASSY BOGOTA
TO RUEHC/SECSTATE WASHDC PRIORITY 0101
INFO RUEHWH/WESTERN HEMISPHERIC AFFAIRS DIPL POSTS PRIORITY
RUEKJCS/JOINT STAFF WASHINGTON DC PRIORITY
RUEKJCS/SECDEF WASHDC PRIORITY
RUEAIIA/CIA WASHDC PRIORITY
RHEHNSC/NSC WASHDC PRIORITY
RUEAWJA/DEPT OF JUSTICE WASHDC PRIORITY
RUCNFB/FBI WASHINGTON DC PRIORITY
RHMFISS/CDR USSOUTHCOM MIAMI FL PRIORITY
C O N F I D E N T I A L SECTION 01 OF 02 BOGOTA 002505 

SIPDIS

E.O. 12958: DECL: 08/06/2019
TAGS: MARR PREL MASS MCAP MOPS PGOV PTER KTIA CO
SUBJECT: COLOMBIA DCA WORKING GROUP TALKS YIELD MORE
PROGRESS

Classified By: Ambassador William R. Brownfield
Reasons 1.4 (b and d)

SUMMARY
--------
C O N F I D E N T I A L SECTION 01 OF 02 BOGOTA 002505

SIPDIS

E.O. 12958: DECL: 08/06/2019
TAGS: MARR PREL MASS MCAP MOPS PGOV PTER KTIA CO
SUBJECT: COLOMBIA DCA WORKING GROUP TALKS YIELD MORE
PROGRESS

Classified By: Ambassador William R. Brownfield
Reasons 1.4 (b and d)

SUMMARY
--------------

1. (C) U.S. and Colombian working group delegations met in
Bogota on August 4-5 to discuss the remaining unresolved
issues in the Defense Cooperation Agreement (DCA). Despite
the intense public debate playing out in Colombia and
regionally concerning the DCA, the Government of Colombia
(GOC) team continued to exhibit flexibility and to make
concessions on several points in an effort to move the
agreement forward. Of the DCA's 25 articles, the two sides
have reached complete agreement on 16 articles, while nine
articles remain under discussion - including over issues
related to criminal jurisdiction and exemptions from taxes
and inspection. Vice Foreign Minister Forero stressed
Colombia's commitment to reach final agreement on the DCA
during the next plenary round in Washington on August 13-14,
but expressed concern over whether the United States shared
this goal in light of the increasingly charged regional
dynamics. End summary.

WORKING GROUP YIELDS PROGRESS
--------------

2. (C) The U.S. and Colombian working group delegations
convened in Bogota on August 4-5 for technical working group
meetings on the DCA. The delegations made significant
progress and presented new proposals to address the remaining
unresolved issues, provisionally agreed on text that was
presented at the June plenary negotiations, and cleaned up
the text to minimize bracketed language and to ensure
consistency between the English and Spanish texts. Of the
DCA's 25 articles, the two sides have reached complete
agreement on the preamble and 16 articles, while nine
articles remain under discussion.

FEW STICKING POINTS REMAIN
--------------

3. (C) Despite the intense public debate surrounding the DCA
talks, the Colombian team continued to show flexibility and
made concessions on several points, including regarding the
issue of payment of fees and tolls by U.S. vessels and
vehicles. Still, they stressed their legal and political
limitations on several of the remaining issues.


4. (C) The following substantive issues remain to be resolved
in the DCA: a) payment of tolls and other fees and exemption
from inspection of U.S. vessels and vehicles in Article VI;
b) the ability of the United States to exercise UCMJ
jurisdiction and conduct courts martial in Colombian
territory in Article VIII; c) certain tax exemptions in
Articles XIII and XVIII; and d) Colombia's proposed
requirement that the United States ensure that contractors
obtain liability insurance in Article XIX. The delegations
discussed possible solutions for these issues and plan to
work on revised proposals prior to the next plenary
negotiation.

GOC WANTS TO CLOSE THE DEAL
--------------

5. (C) At the end of the meetings, Vice Minister of Foreign
Affairs ClemenciaForero told us that her working group
delegation had expressed satisfaction about the significant
progress achieved by the working group. Still, she probed
about the depth of U.S. commitment to the talks in light of
the charged regional dynamics. She stressed that the
Colombian delegation remains committed to reaching final
agreement during the next plenary session.


6. (C) Forero observed that the most difficult issue for the
GOC remains the ability of the United States to exercise
criminal jurisdiction in Colombia, but said the issue may be
resolved by making reference to earlier bilateral agreements
and simplifying the language in a "creative manner" that
could satisfy both sides.

NEXT ROUND OF TALKS
--------------

7. (C) The next and possibly final plenary session (Round V)
is scheduled to take place in Washington on August 13-14.
The two sides agreed to work on revised proposals to address
the remaining issues prior to this upcoming round. The
Colombian delegation of 19 members will be led by Vice

BOGOTA 00002505 002 OF 002


Minister of Foreign Affairs ClemenciaForero and Vice
Minister of Defense Sergio Jaramillo.
Brownfield

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