SEYCHELLES: REQUEST FOR CLARIFICATION OF SOFA'S

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