SEYCHELLES: REQUEST FOR CLARIFICATION OF SOFA'S

C O N F I D E N T I A L PORT LOUIS 000349 SIPDIS DEPARTMENT FOR L AND AF/E E.O. 12958: DECL: 10/25/2019 TAGS: OPDC MARR PREL SE SUBJECT: SEYCHELLES: REQUEST FOR CLARIFICATION OF SOFA'S ENTRY INTO FORCE DATE Classified By: CHARGE D'AFFAIRES VIRGINIA M. BLASER FOR REASONS 1.4 (B) AND (D) ¶1. (C) The Seychelles' SOFA negotiations were successfully completed in July of 2009. The GOS sent a diplomatic note to the U.S. Embassy in Port Louis on July 22, 2009, confirming that the SOFA was approved by the GOS and was active as soon as receipt was confirmed by the Embassy. The Embassy confirmed receipt on July 23, 2009. However, the GOS has sent a clarification diplomatic note, stating the date its internal procedures were completed per the SOFA was actually a few days later, July 29, 2009, and has asked that this date (vice July 22) be regarded as the official entry into force date. Relevant dip note and dip note draft follow. -------------- -------------- MFA DIPLOMATIC NOTE NO: 55/2009 (VERBATIM) AND DRAFT NOTE -------------- -------------- ¶2. (U) Following is the full text of Diplomatic note 55/2009 from the GOS: The Ministry of Foreign Affairs of the Republic of Seychelles presents its compliments to the Embassy of the United States of America in Port Louis and has the honour to refer to the latter's Diplomatic Note No. SE 89-2008 of 27th October 2008 concerning the proposed "Status of Forces Protection Agreement between the Governments of the United States of America and the Republic of Seychelles" (SOFA). The Ministry would like to confirm through this Note that the draft agreement detailed in the Embassy's above-referred Note SE 89-2008 is approved by the Seychelles Government and is active as soon as receipt is confirmed by the Embassy. The Ministry looks forward to the additional implementing arrangements discussed by the two parties during the recent visit of Mrs. Virginia Blaser, Charge d'Affaires in the US Embassy in Port Louis, and referred to in Article 12 of the Agreement. In thanking the Embassy of the United States of America in Port Louis for its continuing cooperation, the Ministry of Foreign Affairs of the Republic of Seychelles avails itself of this opportunity to renew to it the assurances of its highest consideration. VICTORIA 22nd JULY 2009 ¶3. (C) Upon receipt of the above note, the Embassy requested clarifications on several points, and recently received the following text, which the GOS proposes to USG in DRAFT (so that if USG wishes GOS to make any changes, they will consider our request before making the language formal): The Ministry of Foreign Affairs of the Republic of Seychelles presents its compliments to the Embassy of the United States of America in Port Louis and has the honour to refer to the Ministry's Note 55/2009 of 22nd July 2009 and the Embassy's Note SE 60-2009 dated 23 July 2009 regarding the "Status of Forces Protection Agreement between the Governments of the United States of America and the Republic of Seychelles" (the Agreement). The Ministry wishes to clarify that its Note of 22nd July 2009 was meant to inform the Embassy about the provisional application of the Agreement by Seychelles, since Seychelles by then had not completed the internal procedures necessary to bring the Agreement into force. Seychelles fulfilled all its internal legal procedures by the 29th July 2009. The Ministry therefore has the honour to request the Embassy that the date 29th July 2009 be taken as the notification as envisaged by Article 15 of the Agreement, and thus the date of entry into force of the Agreement. In thanking the Embassy of the United States of America in Port Louis for its continuing cooperation, the Ministry of Foreign Affairs of the Republic of Seychelles avails itself of this opportunity to renew to it the assurances of its highest consideration. VICTORIA --- OCTOBER 2009 -------------- COMMENT -------------- ¶4. (C) Post considers this an appropriate clarification of the situation. During the intervening days, July 23 through July 29, there was no SOFA-related activity on either side, so this clarification has no effect other than setting the record straight to the GOS comfort. Unless advised otherwise, Embassy will confirm that the draft language of the second proposed dip note is acceptable and the formal date of entry into force can shift by the few days as requested by GOS. BLASER