COLOMBIA DCA WORKING GROUP TALKS YIELD MORE

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 =======================CABLE ENDS============================