Identifier
Created
Classification
Origin
09PORTLOUIS205
2009-07-07 09:43:00
CONFIDENTIAL
Embassy Port Louis
Cable title:  

SEYCHELLES SOFA IN THE FINAL STRETCH

Tags:  MARR PREL MASS MOPS SE 
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VZCZCXYZ0001
RR RUEHWEB

DE RUEHPL #0205/01 1880943
ZNY CCCCC ZZH
R 070943Z JUL 09
FM AMEMBASSY PORT LOUIS
TO RUEHC/SECSTATE WASHDC 4635
INFO RUEHAN/AMEMBASSY ANTANANARIVO 0832
RUEHNR/AMEMBASSY NAIROBI 3059
RUEKJCS/JOINT STAFF WASHDC
RHMFISS/HQ USAFRICOM STUTTGART GE
RUEKJCS/OSD WASHINGTON DC
RUEKJCS/SECDEF WASHINGTON DC
C O N F I D E N T I A L PORT LOUIS 000205 

SIPDIS

DEPT FOR PM/SNA, L/PM, AF/RSA, AF/E
OSD FOR GENERAL COUNSEL
ANTANANARIVO FOR DAO
NAIROBI FOR KUSLO

E.O. 12958: DECL: 07/08/2019
TAGS: MARR PREL MASS MOPS SE
SUBJECT: SEYCHELLES SOFA IN THE FINAL STRETCH

REF: A. 2008 PORT LOUIS 570

B. 2008 PORT LOUIS 642

Classified By: Charge d'Affaires Virginia M. Blaser for reasons
1.4 (b) and (d)

-------
SUMMARY
-------

C O N F I D E N T I A L PORT LOUIS 000205

SIPDIS

DEPT FOR PM/SNA, L/PM, AF/RSA, AF/E
OSD FOR GENERAL COUNSEL
ANTANANARIVO FOR DAO
NAIROBI FOR KUSLO

E.O. 12958: DECL: 07/08/2019
TAGS: MARR PREL MASS MOPS SE
SUBJECT: SEYCHELLES SOFA IN THE FINAL STRETCH

REF: A. 2008 PORT LOUIS 570

B. 2008 PORT LOUIS 642

Classified By: Charge d'Affaires Virginia M. Blaser for reasons
1.4 (b) and (d)

--------------
SUMMARY
--------------


1. (C) A U.S. inter-agency delegation met with Government of
Seychelles (GoS) stakeholders in early July to discuss issues
associated with the proposed Status of Forces Agreement
(SOFA). The discussions, which were built on multi-level
country team lobbying efforts over the past two years, led to
GoS agreement to take the entire US-cleared October 2008 SOFA
proposal to Cabinet as early as this week. The President's
Principal Secretary predicted the SOFA would pass the cabinet
and a favorable diplomatic note will be given to the Embassy
shortly after cabinet approval, thereby concluding the SOFA.

-------------- --------------
PRESIDENT'S PRINCIPAL SECRETARY FRAMES THE SITUATION
-------------- --------------


2. (C) On July 1, Charge met with Principal Secretary to the
President, Jean Paul Adam, who indicated that the President
had designated him the SOFA "troubleshooter-in-chief."
Charge encouraged Adam's continued involvement in the SOFA
deliberations, and set up a follow-up meeting between Adam
and U.S. delegation (USDEL),composed of U.S. Embassy Port
Louis Political Officer Quentin Barber; Colonel Jon L.
Lightner, Legal Counsel, U.S. Africa Command; and Colonel
James Jacobson, Deputy Foreign Policy Advisor, U.S. Africa
Command. Charge asked Adam to brief the delegation on any
anticipated questions or concerns which would be raised by
GoS stakeholders in discussions scheduled for the following
day.


3. (C) USDEL met with Adam later the same day. In
confidence, Adam flagged immunities (criminal jurisdiction)
and sovereignty as the main issues that he anticipated would
need to be addressed by the USDEL during subsequent meetings.
Adam further explained that if left to the President alone,
the SOFA would be passed tomorrow, and that the President had

already conducted lobbying efforts to urge GoS ministers who
may be opposed to the SOFA to be "pragmatic" and not
overreact to "emotive" issues such as sovereignty. Adam
stated that due to this preliminary presidential lobbying of
the Cabinet and the Attorney General, he did not foresee any
insurmountable problems that would impede progress on the
SOFA, provided the USDEL could clarify some questions
concerning implementation. Adam said that the GoS recognizes
that its April 2009 counter-proposal was "unacceptable to the
USG" and that the GoS representatives would discuss the
October 2008 SOFA text proposed by the USG during meetings
with the USDEL.


4. (C) Referencing the U.S. SOFA with Cyprus, Adam asked what
could be done to provide "comfort letters" after a SOFA is
concluded in order to assuage concerns raised by certain
ministries. After discussion, it became clear that Adam
referred to implementing arrangements (IAs) specifically
authorized by Article 12 of the proposed October 2008 SOFA.
When it was explained that such IAs could address any
concerns with greater detail and specificity, Adam said he
expected no problem with getting the proposed October 2008
SOFA through the AG and the Cabinet. (NOTE: Unlike the
Cabinet of Ministers, the AG is a constitutional position
that does not fall under presidential authority. END NOTE. )

--------------
THE DISCUSSIONS
--------------


5. (U) On July 2 the USDEL met with a GoS delegation for
discussions regarding the proposed SOFA. The GoS delegation
consisted of Attorney General (AG) Ronny Govinden, the AG's
State Counsel Krishnan Labonte, and two MFA attorneys, Sandra
Michel and Jacques Belle. Though invited, the Seychelles
People's Defense Forces (SPDF) representative chose not to
attend. The AG was present for the start of discussions, but
quickly departed for other "urgent business," leaving State
Counsel Labonte to represent his office. Upon the AG's
departure, the remaining participants progressed line-by-line
through the text of the SOFA as proposed by th US in October

2008. At the end of the last discssion session, GoS
participants said that the USDL successfully addressed all
GoS concerns.

--------------
MAIN TOPICS
--------------


6. (C) As redicted by Adam, the major issues raised by theGoS legal team were sovereignty, immunities/criminl
jurisdictions, and IAs. Other matters discussedincluded
questions about taxes, contracting, trasportation, and
customs.

a. (C) Sovereignty: ith regard to sovereignty questions
posed by theGOS, USDEL responded that the SOFA was not a
"prsence agreement," and that the GoS retains its soveeign
authority to approve or disapprove any propsed U.S. activity
or eent in Seychelles. Embassy provided supplemental
ocumentation concerning ship visits and aircraft cearances
to the MFA representatives to illustrat prior and current
practice of the need to gain oS approval before the U.S.
military conducts an activity or event in Seychelles. The
SOFA would ot change such approval procedures, USDEL
clarifed.

b. (C) Immunities: By providing a detailed xplanation, with
examples, of the comprehensive ature and operation of the
Uniformed Code of Miltary Justice (UCMJ),USDEL assuaged GoS
concerns hat the SOFA provided complete immunity of US
pesonnel from the criminal jurisdiction of Seychelle. GoS
participants appeared satisfied with USDELresponse regarding
immunities.

c. (C) Implemeting Agreements: The last major issue
discussed was the ability to enter into IAs, as authorized by
Article 12 of the SOFA. During the discussions, the GoS
participants recognized that Article 12 provided an effective
mechanism to address matters that might require greater
specificity or detail, and that any IAs could be put in place
after a SOFA was completed.


7. (SBU) The GoS representatives commented, at the
conclusion of the meetings, that these discussions had
allayed their concerns and improved their understanding of
the proposed SOFA and aspects of its implementation. With
this knowledge they felt they could now effectively address
concerns cabinet members might raise during future GOS
internal discussions on the matter.

--------------
FOLLOW-UP MEETING WITH ADAM
--------------


8. (C) On July 3, the USDEL met again with Adam, who
reiterated that he expected no problems with the proposed
October 2008 SOFA getting through the Cabinet this time. Adam
stated that since USDEL successfully addressed all GoS
questions through the prior days' discussions, the GoS was
prepared to finalize the SOFA. Adam reassured the USDEL that
the AG's absence from the discussions was not something to be
concerned about, as he had personally spoken to the AG, who
had voiced no objections to the USG October 2008 SOFA
proposal. Adam anticipated that the SOFA might be presented
to the Cabinet within the next two to three weeks, but
possibly as early as Wednesday July 8. He emphasized that the
SOFA would need to be agreed upon through an exchange of
notes due to the need for the President to avoid sending the
SOFA through Parliament for its approval.


9. (C) In a 6 July follow-up discussion with Charge, Adam
confirmed that the SOFA would be put to Cabinet on Wednesday,
8 July, and that a diplomatic note affirming GoS recognition
of the October 2008 SOFA proposal would follow soon
thereafter.

--------------
COMMENT
--------------


10. (C) The conclusion of a SOFA with the United States is
clearly a priority for President Michel. He is investing his
own political equities to ensure the successful conclusion of
the agreement. While political in-fighting could cause
delays, or derail our success to date, Post believes the
President's intentions are sincere. He appears to have lined
up the necessary minimum cabinet support to move the SOFA
forward. We remain optimistic, therefore, that the SOFA will
soon be approved and that Post will receive the promised
diplomatic note which, per Article 15, would put the
US-cleared and preferred agreement into force.
BLASER