Identifier
Created
Classification
Origin
09PORTLOUIS350
2009-10-26 10:48:00
CONFIDENTIAL
Embassy Port Louis
Cable title:  

SEYCHELLES: REQUEST FOR CLARIFICATION OF SOFA'S

Tags:  OPDC MARR PREL SE 
pdf how-to read a cable
VZCZCXYZ0011
PP RUEHWEB

DE RUEHPL #0350/01 2991048
ZNY CCCCC ZZH
P 261048Z OCT 09
FM AMEMBASSY PORT LOUIS
TO RUEHC/SECSTATE WASHDC PRIORITY 4813
INFO RHMFISS/HQ USAFRICOM STUTTGART GE
C O N F I D E N T I A L PORT LOUIS 000350 

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 000350

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. Upon Post's request for clarification, the GOS
provided a draft diplomatic note and requested USG approval
of the language of this note in advance of sending it
formally. Post considers the modest six-day change to have
no operational impact, and recommends approval of both the
draft diplomatic note and the shift of entry into force date.
Relevant dip notes and draft dip note follow.

--------------
MFA DIPLOMATIC NOTE NO: 55/2009 (VERBATIM)
--------------


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

--------------
MFA DIPLOMATIC NOTE NO: 73/2009 (VERBATIM)
--------------


3. (U) Following is the full text of the Diplomatic Note
73/2009 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
Ministry's Note 44/2009 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 American 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 the Seychelles, since by then
Seychelles had not completed the internal procedures
necessary to bring the Agreement into force. The Ministry
therefore has the honour to inform the Embassy that this Note
constitutes the notification as envisaged by Article 15 of
the Agreement.

Further, the Ministry would like to draw the Embassy's kind
attention to the last part of the Agreement providing for
signature of both Parties at Victoria and Washington,
respectively. As the Agreement has been concluded this
paragraph may not now have operational value. The Ministry
therefore proposes that this part of the Agreement may be
considered as omitted.

The Ministry of Foreign Affairs of the Republic of Seychelles
avails itself of this opportunity to renew to the Embassy of
the United States of America in Port Louis the assurances of
its highest consideration. VICTORIA 9th SEPTEMBER 2009.


--------------
MFA DRAFT DIPLOMATIC NOTE
--------------


4. (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
--------------


5. (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 operational effect. Unless
advised otherwise, Embassy will confirm that the draft
language of the third proposed dip note (i.e. para 4 above)
is acceptable and the formal date of entry into force can
therefore shift by a few days as requested by GOS.
BLASER