AGREEMENT WITH BAHAMAS ON STATUS OF FORCES FOR

UNCLAS NASSAU 000126

SIPDIS

E.O. 12958: N/A
TAGS: KTIA MARR MOPS PM PREL BF
SUBJECT: AGREEMENT WITH BAHAMAS ON STATUS OF FORCES FOR
EXERCISE TRADEWINDS FROM MARCH 4, THROUGH MARCH 18, 2009

REF: SECSTATE 10122


1. This is an action cable. See paragraph 4.


2. The Ministry of Foreign Affairs of the Commonwealth of The
Bahamas (MFA) submitted the attached diplomatic note (full
text at paragraph 2) on March 27 in response to U.S. proposed
draft language as contained in Reftel. The MFA advised the
Embassy that the proposed language reverts back to the 2005
diplomatic note text agreed upon for the 2005 Exercise
TRADEWINDS. The 2009 exercise is scheduled to start March 4
and MFA explained that their Attorney General's office
recommended the 2005 language in order to have an agreement
in place in time for the exercise start. U.S. forces are
currently operating on a waiver signed February 6 by
MARFORSOUTH Commander, "authorizing the deployment of U.S.
forces to The Bahamas for TRADEWINDS 09 without SOFA
protections in place." Post is requesting guidance on MFA
proposed language.
BEGIN TEXT:


3. The Ministry of Foreign Affairs of the Commonwealth of The
Bahamas presents its compliments to the Embassy of the United
States of America and has the honour to refer to recent
discussions between representatives of the United States and
the Government of the Commonwealth of The Bahamas regarding
issues related to Exercise Tradewinds.

Specifically, the Ministry wishes to refer to the issues
related to the status of The United States military and
civilian personnel and wishes to propose that the text in
this regard for the 2005 Exercise Tradewinds be used for the
2009 Exercise Tradewinds as follows:

With regard to members of the Armed Forces of the United
States and civilian personnel of the United States Department
of Defense (collectively referred to as United States
personnel) who may be temporarily present in The Bahamas in
connection with the Tradewinds 2009 exercise scheduled from
4th March, 2009 through 18th March, 2009, the Ministry
proposes that such personnel be accorded a status equivalent
to that accorded to the Administrative and Technical staff of
the Embassy of the United States of America under the Vienna
Convention on Diplomatic Relations of April 18th 1961. It
shall be the responsibility of United States personnel to
respect the laws of The Bahamas and to abstain from any
activity inconsistent with the spirit of this agreement.
Authorities of the government of the United States of America
shall take all necessary measures to that end. The
authorities of The Bahamas and United States Military Police
investigators shall cooperate in the investigation and, where
appropriate, prosecution of any crime believed to have been
committed by or against United States personnel.

Further, that United States personnel will be permitted to
enter and exit The Bahamas with United States identification
and with collective movement or individual travel orders that
authorities of The Bahamas shall accept as valid, without a
driving fee or test, driving licenses or permits issued by
the appropriate United States authorities to United States
personnel for the operation of vehicles; that vehicles will
be operated in so far as operationally possible in conformity
with Bahamian traffic regulations; and that such personnel
will be permitted to wear uniforms when performing official
duties and to carry weapons when their orders call for it,
provided that attempts shall be made to minimize any public
display of such weapons.

The Government of the Commonwealth of The Bahamas will accord
duty-free importation and exportation, as well as exemption
from inspection and taxation on products, property, material,
equipment, vehicles, vessels and aircraft imported into,
acquired in or exported from The Bahamas by or on behalf of
the United States Government or United States personnel in
connection with their activities under this agreement; and
that the parties shall cooperate in taking such steps as
shall be necessary to ensure the security of United States
personnel and property in The Bahamas.

United States personnel may deploy with all authorized unit
and individual equipment. Maintenance, control and security
of such equipment are the responsibility of the United States
Government. Baggage, personal effects, and other property
for the personal use by the United States personnel may be
imported into and used in The Bahamas in connection with
activities under this agreement.

Title to United States Government property (such as
equipment, material, supplies and other property) imported
into or acquired in The Bahamas by or on behalf of the United
States Government in connection with activities under this
agreement shall remain with the United States Government
which may remove such property from The Bahamas from at any

time, free from export, duties, taxes and other charges.
United States Government and other personal property may be
removed from The Bahamas, or disposed of therein, provided
that disposition of such property in The Bahamas to persons
or entities not entitled to exemption from applicable taxes
or duties under this agreement shall be subject to payment of
such taxes and duties by such persons or entities.

The United States personnel in The Bahamas shall enjoy
freedom of movement and the right to undertake those
activities deemed necessary for the performance of their
mission in connection with their activities under this
agreement and vehicles, vessel, and aircraft owned by or
operated by or the United States Armed Forces shall be
subject to the payment of landing or port fees, pilotage
charges, navigation, overflight or parking charges or
lighterage or harbor dues, or other similar fees while in The
Bahamas; however, the United States Armed Forces shall pay
reasonable charges for services requested and received.
Vehicles owned by the United States Armed Forces need not be
registered, but shall have appropriate identification
markings.

The Government of the Commonwealth of The Bahamas shall
accept as valid, for the purposes of activities performed in
the course of the exercise, professional licenses issued by
the appropriate United States Government authorities to
United States personnel involved in the Tradewinds 2009
exercise.

The United States Armed Forces personnel may use water,
electricity, and other public utilities and facilities on
terms and conditions, including rates and charges, no less
favorable that those available to the Bahamian Defense
Forces, in like circumstances, unless otherwise agreed. The
Government of the Commonwealth of The Bahamas shall, upon
request, assist the United States authorities in obtaining
water, electricity and other public utilities and facilities.

Bahamian authorities shall permit the United States Armed
Forces and United States personnel to use radio
communications for the conduct of the official duties of the
United States personnel in connection with their activities
under this agreement. The responsible Bahamian authorities
shall notify the United States Armed Forces of the radio
frequencies to be used for local and international official
duties.

In the event that agreed activities involve the use of a
contractor, the United States Government may award contracts
for acquisitions of articles and services, in accordance with
United States laws and regulations. The United States
government shall have the right to choose such contractors,
and United States contractors not normally residence in The
Bahamas and their employees shall be accorded the same
privileges as United States personnel with regard to
licensing and registration of vehicles, drivers and
professional personnel; and with regard to the export, import
and acquisition of goods and equipment for official or
personal use.

The Governments of The Bahamas and the United States shall
waive any and all claims other than contractual claims
against each other for damage or loss or destruction of the
other,s property or injury or death to the personnel of
either party arising out of the performance of their official
duties in connection with their activities under this
agreement. Claims by third parties for damages or loss
caused by United States personnel will be resolved by the
United States Government in accordance with United States
laws and regulations. Contractual claims shall be dealt with
in accordance with the provisions of the contract. Claims
arising under this agreement shall not be affected by the
expiration of this agreement on 18 March 2009.

Additional arrangements as may be necessary may be entered
into by the appropriate authorities of the two governments
for the effective operation of this agreement.

The Government of The Bahamas and the United States agree to
consult as necessary to resolve any questions relating to the
interpretation of this agreement of any claims arising under
this agreement including third party claims involving
citizens or permanent residents of The Bahamas.

The Ministry of Foreign Affairs of the Commonwealth of The
Bahamas avails itself of this opportunity to renew to the
Embassy of the United States of America, the assurances of
its highest consideration.

END TEXT.


4. ACTION REQUEST. Post requests guidance on the proposed

language contained in the MFA diplomatic note.


ZUNIGA-BROWN