AGREEMENT WITH BAHAMAS ON STATUS OF FORCES FOR

UNCLAS STATE 010122

SIPDIS

E.O. 12958: N/A
TAGS: KTIA MARR MOPS PM PREL US
SUBJECT: AGREEMENT WITH BAHAMAS ON STATUS OF FORCES FOR
EXERCISE TRADEWINDS FROM MARCH 4, 2009, THROUGH MARCH 18,

2009.


1. This is an action request. See paragraph 2.


2. DOD has asked the Department to secure status
protections for U.S. military personnel who will be
present in the Bahamas from March 4, 2009 through
March 18, 2009 in conjunction with Exercise Tradewinds.
Post is requested to immediately propose to the
government of the Commonwealth of the Bahamas an
exchange of diplomatic notes for this purpose, using
the text at paragraph 3. To avoid the exchange of
multiple notes, post should present the below note
in a draft format and send a final note only after
reaching agreement on the text.


3. Begin text of draft note: (Complimentary opening)
and has the honor to refer to recent discussions
between representatives of our two governments
regarding issues related to United States military
and civilian personnel (defined as members of the
United States Armed Forces and civilian employees
of the United States Department of Defense,
respectively, hereafter referred to collectively
as United States personnel) who may be
temporarily present in Bahamas from March 4, 2009
through March 18, 2009 in connection with Exercise
Tradewinds and mutually agreed related activities
including, for example, ship visits, and training
activities.

Exercise Tradewinds 2009 is a multi-national exercise
that will be conducted in Bahamian territorial waters.
The United States Coast Guard cutter (USCGC) Confidence,
will be participating as well as personnel from the
United States Coast Guard (USCG) and the United States
Southern Command (USSOUTHCOM). The majority of these
personnel will remain aboard USCG vessels at sea.
Limited numbers of United States personnel will be
temporarily present in the Bahamas from March 4, 2009,
through March 18, 2009, to participate in the exercise.

If the mission of these United States personnel requires
them to begin their activities in the Bahamas prior
to the dates specified, or extend beyond them, this
agreement will apply to United States personnel at all
times during their presence in the Bahamas.

As a result of these discussions, the Embassy proposes
that United States personnel be accorded the privileges,
exemptions, and immunities equivalent to those accorded
to the administrative and technical staff of a
diplomatic mission under the Vienna Convention on
Diplomatic Relations of April 18, 1961; that United
States personnel may enter and exit the Commonwealth
of the Bahamas with United States identification and
with collective movement or individual travel orders;
that the Bahamas shall accept as valid all professional
licenses issued by the United States, states thereof or
their political subdivisions to United States personnel
for the provision of services to authorized personnel;
and that Bahamas authorities shall accept as valid,
without a driving test or fee, driving licenses or
permits issued by the appropriate United States
authorities to United States personnel for the
operation of vehicles. The Embassy further proposes
that United States personnel be authorized to wear
uniforms while performing official duties and to
carry arms while on duty if authorized to do so by
their orders.

The government of the Commonwealth of the Bahamas
recognizes the particular importance of disciplinary
control by United States Armed Forces authorities over
United States personnel and, therefore, authorizes
the government of the United States to exercise
criminal jurisdiction over United States personnel
while in the Bahamas.

The Embassy further proposes that the United States
Department of Defense and United States personnel
shall not be liable to pay any tax or similar charge
assessed within the commonwealth of the Bahamas and
that the United States Department of Defense and
United States personnel may import into, export out
of, and use in the Bahamas any personal property,
equipment, supplies, materiel, technology, training,
or services in connection with activities under this
agreement. Such importation, exportation, and use
shall be exempt from any inspection, license, other
restrictions, customs duties, taxes, or any other
charges assessed within the Commonwealth of the Bahamas.

The governments of the United States of America and
the Commonwealth of the Bahamas shall cooperate to
take such measures as may be necessary to ensure
the security and protection of United States personnel,
property, equipment, records, and official information
in the Commonwealth of the Bahamas.

The Embassy proposes that vessels and vehicles operated
by or, at the time, exclusively for the United States
Department of Defense may enter, exit, and move freely
within the territory of the Commonwealth of the Bahamas,
and that such vehicles (whether self-propelled or towed)
shall not be subject to the payment of overland transit
tolls. Vessels and aircraft owned or operated by or,
at the time, exclusively for the United States
Department of Defense shall not be subject to the
payment of landing, parking, or port fees, pilotage
charges, lighterage, and harbor dues at facilities
owned and operated by the government of the Commonwealth
of the Bahamas. Aircraft owned and operated by or,
at the time, exclusively for the United States Department
of Defense shall not be subject to payment of
navigation, overflight, terminal or similar charges
when in the territory of the Commonwealth of the Bahamas.
The United States Department of Defense shall pay
reasonable charges for services requested and received
at rates no less favorable than those paid by the armed
forces of the Commonwealth of the Bahamas less taxes
and similar charges. Aircraft and vessels of the
United States government shall be free from boarding
and inspection.

The Embassy proposes that United States personnel
shall have freedom of movement and access to and
use of mutually agreed transportation, storage,
training, and other facilities required in connection
with activities under this agreement.

The government of the Commonwealth of the Bahamas
recognizes that it may be necessary for the United
States Armed Forces to use the radio spectrum.
The United States Department of Defense shall be
allowed to operate its own telecommunication systems
(as telecommunication is defined in the 1992
Constitution and Convention of the International
Telecommunication Union). This shall include the
right to utilize such means and services as required
to ensure full ability to operate telecommunication
systems, and the right to use all necessary radio
spectrum for this purpose. Use of the radio spectrum
shall be free of cost to the United States government.

Further, the Embassy proposes that the parties waive
any and all claims (other than contractual claims)
against each other for damage to, loss, or destruction
of the other's property or injury or death to personnel
of either party,s armed forces or their civilian
personnel arising out of the performance of their
official duties in connection with activities under
this agreement. Claims by third parties for damages
or loss caused by United States personnel shall be
resolved by the United States government in accordance
with United States laws and regulations.

Finally, the Embassy proposes further that our two
governments, or their designated representatives,
may enter into implementing arrangements to carry
out the provisions of this agreement.

If the foregoing is acceptable to the government of
the Commonwealth of the Bahamas, the Embassy proposes
that this note, together with the ministry's reply to
that effect, shall constitute an agreement between the
two governments, which shall enter into force on the
date of the ministry's reply and remain in force
through March 18, 2009.


4. The suggested reply of the government of
Commonwealth of the Bahamas should read as
follows: Begin text: (Complimentary opening) and
refers to the Embassy,s note (number and date)
which reads as follows:

(Quote U.S. note in its entirety).

The Ministry of Foreign Relations has the further honor
to inform the Embassy of the United States of America
that the proposals set forth in the Embassy,s note are
acceptable to the government of the Commonwealth of the
Bahamas and to confirm that the Embassy,s note and this
note shall constitute an agreement between the two
governments, which shall enter into force on this date.
End text.


5. Any host country proposals for changes to the U.S.
text should be referred to the Department. State POCS
are Jacquelyn Rosholt, WHA/CAR (202-647-4719) and
CDR Tom Herold, L/PM (202-647-7563). DOD POCS are
Walter Earle, OSD/WHA (703-697-3327) and Vanessa
Mitchell (703-697-3190).


6. Upon conclusion of the exchange of notes, Embassy
should report the agreement by cable, and send the
original host country note with a certified copy of
the U.S. note to the Department, L/T, Room 5420
(Attn:Daphne Cook).
CLINTON