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