NICARAGUA SOFA -- GON AGREES TO ONE-YEAR ROLL-OVER

C O N F I D E N T I A L MANAGUA 000369 SIPDIS DEPT FOR WHA/CEN AND WHA/PPC DEPT FOR PM/SNA AND L/T AND L/PM OSD FOR MITCHELL AND EARLE SOUTHCOM FOR POLAD AND LTG SPEARS COMFORT FOR COMMODORE LINEBERRY E.O. 12958: DECL: 04-01-2018 TAGS: MARR MOPS PREL KTIA NU SUBJECT: NICARAGUA SOFA -- GON AGREES TO ONE-YEAR ROLL-OVER FOR 2009 REF: A. 2008 STATE 130453 ¶B. 2008 MANAGUA 1109 ¶C. 2008 STATE 2677 Classified By: Ambassador Robert J. Callahan for reasons 1.4 (b) & (d). ¶1. (C) As noted in REF A, on August 8, 2008, AmEmbassy Managua and the Government of Nicaragua completed an exchange of diplomatic notes regarding the Status of Forces Agreement (SOFA) and customs procedures for U.S. Forces in Nicaragua for exercises, visits and other cooperative activities during ¶2008. On December 12, 2008, in accordance with REF A instructions, we presented to the GON the text for a simple roll-over for activities during 2009. We stressed that the text was substantially identical to the notes exchanged on August 8, 2008, except to reflect future activities and dates. ¶2. (C) On 20 January, 2009, the National Assembly approved a roster of proposed international military cooperation activities for 2009 that had been submitted by the Nicaraguan military. This roster included the 2009 activities proposed by USMLGP. This vote satisfied the requirement, under the Nicaraguan Constitution, that any entry of foreign military personnel and any external deployment of Nicaraguan military personnel receive prior approval from the National Assembly. From the 20 January date, these military cooperation activities, including those with USMLGP, were legally authorized. However, standard SOFA protections were not available in the absence of the exchange of notes. ¶3. (C) Subsequent to the 12 December delivery of our diplomatic note, in all our conversations with MINREX, we repeatedly raised the SOFA issue. We also raised the topic with contacts at Nicaraguan military and Ministry of Defense (MOD). Each of our contacts indicated that the GON had no major concerns about our proposed roll-over text. However by early-February when there was still no GON reply, it became clear to us that delays were due to communications problems primarily between MINREX and MOD. We stepped up USG pressure, raising SOFA at senior levels, including during a February 18 meeting between Southcom Deputy Commander LTG Spears and Ministry of Defense Secretary General Ruth Tapia Roa. Finally, during face-to-face meetings on March 13 and again on March 26, 2009, we convinced MINREX America's Division Director Renee Morales that MINREX should convene a GON interagency meeting to resolve any internal GON concerns and obtain sufficient closure to respond to our text. This meeting took place earlier this week. ¶4. (C) On April 2, 2009, we were informed by Morales, via email, that the GON had reached internal agreement, and that the SOFA reply note had been signed. We received the original signed notes on April 3, 2009. We have forwarded scanned copy of the notes to WHA/CEN and Southcom and will pouch originals to L/T per REF A instructions. ¶5. (C) We appreciate Washington's patience throughout this process and are pleased to report that the process took only half as long as during 2008. We await additional Department instructions regarding whether and how to engage the GON regarding the possibility of a multiple-year SOFA. CALLAHAN