SEYCHELLES SUBMITS A SECOND SOFA COUNTERPROPOSAL

UNCLAS PORT LOUIS 000127

SIPDIS
SENSITIVE

DEPT FOR PM/SNA, L/PM, AF/RSA, AF/E
ANTANANARIVO FOR DAO
NAIROBI FOR KUSLO
OSD FOR MCMANUS, WAGER, AHMED, COLLINS, REID

E.O. 12958: N/A
TAGS: MARR PREL MASS MOPS SE MP
SUBJECT: SEYCHELLES SUBMITS A SECOND SOFA COUNTERPROPOSAL

REFTEL: A. PORT LOUIS 570

B. PORT LOUIS 642

C. PORT LOUIS 134

D. Blaser 4/23 e-mail to Beyzerov and Hamilton


1. (U) THIS IS AN ACTION REQUEST. See paragraph 8.


2. (SBU) SUMMARY: Post has received Seychelles' proposed changes to
the Washington-approved SOFA text submitted to the GOS in October

2008. The main concerns of the GOS revolve around ceding criminal
jurisdiction, exemptions from inspections, and loss of revenue.
Post requests an expedited response to the GOS counterproposal
(already scanned and sent separately to AF/E via UNCLAS email). If
the GOS counterproposal is not acceptable, Post would view favorably
Washington sending a SOFA negotiator or delegation to help in the
final negotiation of this agreement. END SUMMARY.


3. (SBU) On April 23, after a heavy campaign of demarches on
multiple levels, Post received, via diplomatic note, Seychelles'
proposed changes to the Washington-approved Status of Forces
Agreement (SOFA) text submitted to GOS in October 2008. The second
GOS SOFA counterproposal outlines GOS concerns in six points. The
first point attempts to limit the immunity and privileges of U.S.
personnel to mutually agreed training, exercises, and humanitarian
activities. The diplomatic note further states that personnel who
commit offenses outside these activities will be held accountable
and liable for prosecution.


4. (SBU) The second point takes issue with "total immunity from
local criminal jurisdiction" as outlined in Article 4 of the SOFA.
As with the first point, the GOS seeks to limit clauses in this
article to training and other mutually agreed exercises.


5. (SBU) The third and fourth points clarify Seychelles' issues
with exemption from inspection of imports. This point stipulates
that personal effects will be exempted from inspection but should
not contain any items prohibited by Seychelles laws and that
boarding and inspection of vessels will be exempted, except in case
of the presumed presence of items prohibited by Seychelles laws.
Both points again attempt to limit the scope of exemption clauses to
"mutually agreed training, exercises, and humanitarian activities."



6. (SBU) In regard to tax and tariff concerns or what the note
refers to as the "compensation regime" of Article 11, the GOS agrees
to this but adds a caveat in the form of the following clause:
"provided there is no abuse of the privileges granted."


7. (SBU) The GOS consents to the conditions listed under
Communications Article 10, given that they do not infringe on the
Right to Privacy (as per the constitution of the Seychelles) of
Seychelles citizens.


8. (SBU) Action Request: Post requests that Washington stakeholders
perform a timely review of the GOS-proposed revisions. Should the
USG legal teams not concur with the GOS proposed revisions, Post
would view favorably Washington sending a SOFA negotiator or
delegation to help in the final negotiation of this agreement, now
pending for nearly a decade. This SOFA negotiator or delegation
would also be of value to assist in moving forward SOFA negotiations
with the Government of Mauritius. Obtaining a SOFA in both
countries is a critical element of Mission MSP, in part because of
the importance of protecting the tens of thousands of U.S. military
personnel who travel into these two countries every year.

BLASER