Identifier
Created
Classification
Origin
09PORTLOUIS349
2009-10-26 10:22:00
CONFIDENTIAL
Embassy Port Louis
Cable title:  

SEYCHELLES: REQUEST FOR CLARIFICATION OF SOFA'S

Tags:  OPDC MARR PREL SE 
pdf how-to read a cable
VZCZCXYZ0000
PP RUEHWEB

DE RUEHPL #0349/01 2991022
ZNY CCCCC ZZH
P 261022Z OCT 09
FM AMEMBASSY PORT LOUIS
TO RUEHC/SECSTATE WASHDC PRIORITY 4811
INFO RHMFISS/HQ USAFRICOM STUTTGART GE
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)

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