STATUS UPDATE: MOU WITH COALITION PARTNERS ON LIFE,

UNCLAS SECTION 01 OF 02 KABUL 004152 DEPARTMENT FOR SRAP, SCA/FO, SCA/A, EUR/RPM STATE PASS TO AID FOR ASIA/SCAA USFOR-A FOR POLAD SENSITIVE SIPDIS E.O. 12958: N/A TAGS: PGOVEAIDUKNOSWGMHUCANLLHFRSPITNZ AF SUBJECT: STATUS UPDATE: MOU WITH COALITION PARTNERS ON LIFE, SECURITY AND MOBILITY SUPPORT REF: (A) KABUL 3870, (B) KABUL 3981, (C) STOCKHOLM 796, (D) STOCKHOLM 797, (E) VILNIUS 709 ¶1. (U) This message contains an action request in para 4 ¶2. (U) Begin Summary. Embassy Kabul continues to engage with coalition partners who lead Provincial Reconstruction Teams (PRT) in order to press for conclusion of a Memorandum of Understanding (MOU) on Life, Security and Mobility Support. Embassy Kabul appreciates support from Washington and Posts in capitals in urging coalition partners to expeditiously review and conclude these agreements. This cable provides a status report on the various draft agreements. End Summary. ¶2. (U) Embassy Kabul is in the process of significantly increasing the number of USG civilians at Provincial Reconstruction Teams (PRTs) and other field locations. Of the 27 PRTs in Afghanistan, 14 are ISAF Coalition-led. There are over 50 U.S. civilians based at Coalition-led locations, and we hope to deploy many more in the coming months. In order to facilitate this increase, we are trying to conclude MOUs that will support such deployments. Currently, arrangements for accommodation and support of U.S. civilians at partner PRTs have been ad hoc and informal. Several partners have asked for an MOU. Assistant Chief of Mission Mussomeli recently met with ambassadors of all coalition countries that have PRTs in which the USG has or may seek to place civilians in the coming months (reftel). He presented them with draft MOUs on Life, Security and Mobility, which were positively received. ¶3. (U) A brief summary of the current status of negotiations of the individual MOUs is outlined below: -- U.K.: Conclusion of the agreement has slowed as a result of final technical details, specifically clarification of the monthly charge per person for life support, which appears to be unusually high. We are engaging with the UK mission on these points. In addition, the State Department Office of the Legal Adviser (L) sent its comments and revisions to the draft we received on December 24, ¶2009. The revisions will be incorporated and resent to the UK Embassy and back to L/T legal advisers for review to make sure the language is non-binding. The UK Financial Manager in Helmand will contact us on December 26th to discuss the costs. -- Norway: On November 30, the Norwegians stated that the MOU had been sent to Oslo on November 18. A follow-up e-mail was sent on December 19, 2009, requesting a status update on the review of the MOU. There has been no response yet to the message. -- Sweden: The Political Counselor in Embassy Stockholm met with Swedish MFA and MOD personnel on December 21 (Reftel C, D). Stockholm generally welcomed the agreement, but highlighted several questions, including concerns related to mobility support requirements, the impact of the planned U.S. consulate in Mazar, and the planned opening of a Turkish PRT in Jowzjan Province. We are preparing a response to the questions. -- Germany: The Embassy provided responses and revisions on December 22 to questions and comments posed by Berlin on December 10, including confirmation of approval from the State Department Legal Adviser to conclude the agreement between the U.S. Embassy Kabul and the German Ministry of Defense, rather than the Ministry of Foreign Affairs, given that the documents are nonbinding. At the request of the German government, the agreement will not provide mobility support; instead, officers in the North will rely on self-drive or other means for movement support. -- Hungary: The MOU was presented to the Ministry of Defense in Budapest. However, no further information has been provided on the review of the MOU. -- Canada: The Canadian Embassy in Kabul provided Embassy Kabul with its comments to the proposed draft on December 20. Most are technical changes with one exception relating to mobility, which the Canadians cannot support as proposed. The Canadian Embassy offered to meet next week since the Embassy is closed until December 28. We expect to be able to work through these changes fairly quickly. -- The Netherlands: The MOU was sent to the Ministry of Foreign Affairs on November 21. The last request for a status check was sent on December 10, with no response yet. Given that the Dutch are planning to pull out of Afghanistan, it may not be feasible to enter into an agreement with The Netherlands for support. -- Lithuania: The Lithuanian Ministry of National Defense provided Embassy Kabul with a significantly revised draft agreement on December 18, including confirmation that the agreement would be between Embassy Kabul and the Lithuanian Ministry of National KABUL 00004152 002 OF 002 Defense. The agreement was significantly revised and will not be acceptable as revised. Embassy Kabul and the Senior Civilian Representative have been in constant contact with Embassy Vilnius regarding the revisions and a way forward. Embassy Vilnius has offered to arrange a video conference call to assist in resolving issues. We also recommend that Washington instruct Embassy Vilnius to approach the Ministry using the points in paragraph 4 below. -- France: The MOU was forwarded to the Ministry of Defense and to the PRT on November 23. The last contact with the French POC was on December 5, 2009. The French POC stated that they have been busy, but would get comments back as soon as possible. -- Spain: The Spaniards have forwarded the document to Madrid for review. The SCR for RC-West has been in communication with the Spanish PRT Commander regarding the MOU; however, no revisions or comments have been forthcoming. -- Italy: Embassy Rome reports that the Italian Government is prepared to work with us on the agreement and that the Italian MOD will be the eventual signer of the agreement. The MOD has passed back a number of questions, particularly relating to security and mobility. Embassy Kabul RSO has prepared answers to the Italian MOD's questions, and Embassy Rome will approach the appropriate officials in response. Embassy Kabul RSO suggested deleting all mobility and security language from the MOU given that these issues will be handled by the RSO when the Consulate opens in Herat. At the Executive Working Group meeting on December 23, Major General John Macdonald from USFOR-A agreed with this approach. The SCR for RC-West is working on draft language which he will forward to Kabul. Once Embassy Kabul receives the SCR's comments and revisions, a new draft will be forwarded to Embassy Rome. Additionally, on December 23, Deputy Secretary Lew spoke to Italian MFA Director General for Political Affairs Stefano Ronca about the MOU for the USG citizens embedded in the Herat PRT, and strongly urged him to move forward quickly on an agreed text. Ronca said he was ready to work with us but cited the reservations of the Italian military regarding the security language in the MOU. -- New Zealand: Embassy Wellington delivered a copy of the draft MOU to the MFA on December 23. As New Zealand does not have a diplomatic representation in Kabul, we will work through the embassy to complete the agreement. ¶4. (U) Action Requested: Embassy Kabul recommends that Department instruct Embassy Vilnius to approach the Lithuanian Foreign and Defense Ministries to press them to reconsider the significant re-write of the proposed agreement. Recommended points are as follows: -- Your Government recently responded to our proposed draft Memorandum of Understanding on Life, Security and Mobility Support. -- This agreement, while not legally binding, would establish a framework for cooperation for support to U.S. civilians at coalition led Provincial Reconstruction Teams(PRT) or other bases. -- Until now, arrangements have been largely ad hoc. A new framework would provide a mechanism for USG payment to coalition partners for support services provided to U.S. civilians at PRTs or other bases. -- We are working on similar agreements with all other coalition partners that host PRTs in Afghanistan where U.S. civilian are housed. Your government is the only one that has significantly revised our proposed text. -- We would appreciate if you would take another look at our proposed text and see if we can work from the original draft. -- Some specific changes that are not acceptable include: ¶1. Revisions to our definitions, particularly on SCR and Chief of Mission. ¶2. The settlement of claims in accordance with the NATO SOFA. ¶3. Inclusion in Annex A of Lithuanian internal procedures on governing relations between the Lithuanian MOD and civilians. ¶4. Deletion of Embassy Kabul's Annex A setting forth cost information.