AGREEMENT WITH TRINIDAD AND TOBAGO ON THE STATUS

UNCLAS STATE 116170

SIPDIS

E.O. 12958: N/A
TAGS: PREL KTIA MARR MOPS TD
SUBJECT: AGREEMENT WITH TRINIDAD AND TOBAGO ON THE STATUS
OF U.S. FORCES PRESENT IN CONNECTION WITH CY 2010 MUTUALLY
AGREED ACTIVITIES


1. This is an action request. See paragraphs 2, 5, 6, and 7.


2. In 2007, Trinidad and Tobago enacted a visiting forces act
(VFA),in which designated states, visiting forces and
civilian component personnel are accorded limited privileges
and immunities. The United States is a designated state
under the VFA through December 31, 2009. Since we have seen
no indication that a multiple-year sofa with the government
of Trinidad and Tobago (GOTT) can be concluded in the short
term, the United States government wishes to renew the
designation for 2010 AND to extend the additional protections
currently afforded by the GOTT. Post is requested to proceed
to propose a renewal of the United States designation under
the VFA.



3. Begin text of diplomatic 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) and United States
contractors (defined as non-Trinidad and Tobago companies and
firms),and their employees who are not nationals of Trinidad
and Tobago, under contract to the United States Department of
Defense, who may be temporarily present in Trinidad and
Tobago in connection with calendar year 2010 mutually agreed
activities.

As part of these 2010 mutually agreed activities, the Embassy
proposes that United States personnel may enter and exit
Trinidad and Tobago with United States identification and
with collective movement or individual travel orders; that
Trinidad and Tobago 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
Trinidad and Tobago 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 Trinidad and Tobago shall designate the
United States of America as a &Designated State8 in
accordance with Section 4 of the Visiting Forces Act, Act No.
8 of 2007, such designation to expire December 31, 2010.

The Government of Trinidad and Tobago recognizes the
particular importance of United States Armed Forces,
maintaining discipline over United States personnel.

The Government of Trinidad and Tobago confirms that under
Section 5 of the Visiting Forces Act, United States personnel
are immune from the civil and criminal jurisdiction of
Trinidad and Tobago in respect of actions taken in the course
of their official duties. The Government of Trinidad and
Tobago further confirms that pursuant to Section 7 of the
Visiting Forces Act, the United States Armed Forces may
exercise jurisdiction in relation to actions taken by United
States personnel in the course of official duties.

The Embassy further proposes that, in the exercise of its
sovereignty, the Government of Trinidad and Tobago waive its
right to exercise criminal jurisdiction over United States
personnel for actions not taken in the course of their
official duties except those cases of particular importance
to the Republic of Trinidad and Tobago. If the Government of
Trinidad and Tobago determines that a case is of particular
importance, it shall communicate such a determination to the
United States authorities within fifteen (15) days of the
discovery of the alleged offense giving rise to such a case.
If the Government of Trinidad and Tobago does not communicate
this determination to the United States within fifteen (15)
days of the discovery of the alleged offense giving rise to
such a case, the Government of Trinidad and Tobago shall be
deemed to have waived its right to exercise criminal
jurisdiction over United States personnel for the alleged
offense(s). The United States armed forces may exercise
jurisdiction over United States personnel in relation to
those actions not taken in the course of official duties for
which the government of Trinidad and Tobago waives its right
to exercise criminal jurisdiction.

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 in
connection with activities under this agreement within
Trinidad and Tobago, and that the United States Department of
Defense and United States personnel may import into, export
out of, and use in Trinidad and Tobago 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 Trinidad and
Tobago. The Government of the United States certifies that
the aforementioned items imported by United States personnel
shall be for purposes connected to activities under this
agreement. The Governments of the United States of America
and Trinidad and Tobago 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 Trinidad and Tobago.

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 Trinidad and Tobago except for those areas where
access may be restricted, 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 Trinidad and Tobago. 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 Trinidad and Tobago. 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 Trinidad and Tobago
less taxes and similar charges. Aircraft and vessels of the
United States Government shall be free from boarding and
inspection.

The Embassy also proposes that the United States Department
of Defense may contract for any materiel, supplies,
equipment, and services (including construction) to be
furnished or undertaken in Trinidad and Tobago without
restriction as to choice of contractor, supplier, or person
who provides such materiel, supplies, equipment, or services.
Such contracts shall be solicited, awarded, and administered
in accordance with the laws and regulations of the Government
of the United States of America. Acquisition of articles and
services in Trinidad and Tobago by or on behalf of the United
States Department of Defense in connection with activities
under this Agreement shall not be subject to any taxes or
similar charges in Trinidad and Tobago.

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

The Embassy proposes that United States contractors shall be
granted the same treatment as United States personnel with
respect to professional and drivers, licenses.

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 Trinidad and Tobago 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 as assigned by the relevant Trinidad and
Tobago authorities 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 Trinidad
and Tobago, 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.

End text of diplomatic note.


4. (U) The reply of the Government of Trinidad and Tobago
should read as follows:

Begin diplomatic note text:

(Complementary 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 Affairs 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 Trinidad and Tobago and to confirm that the
Embassy,s and to confirm that the Embassy,s note and this
note shall constitute an agreement between the two
governments, which shall enter into force upon receipt of
this note.

End note text.


5. Embassy is requested to inform Washington by front channel
cable of the delivery of the draft note to MFA and MOD
officials and relay the comments of their interlocutors.
Additionally, post is requested to provide periodic updates
on the status of the draft VFA with host nation officials.


6. Any host country proposals for changes to the U.S. text
should be referred to the department. State POC,s are:
Karen Jo McIsaac, WHA/CAR, 202-647-4384, and CDR Marc Guarin,
L/PM, 202-647-7563. DOD POC,s: are Walter Earle, OSD/WHA,
703-697-3327, and Ashley Richardson, 703-697-3514.


7. Upon conclusion of the exchange of notes, embassy should
report the agreement by cable and fax a copy of the notes to
L/T at 202-647-9844. Post should follow this up by sending
the original Trinidad and Tobago note with a certified copy
of the U.S. note to the department, L/T, room 5420, ATT:
Daphne Cook.
CLINTON