AGREEMENT WITH PANAMA ON STATUS OF FORCES FOR A

UNCLAS STATE 126463

SIPDIS

E.O. 12958: N/A
TAGS: KTIA MARR MOPS PM PREL US
SUBJECT: AGREEMENT WITH PANAMA ON STATUS OF FORCES FOR A
CIVIL AFFAIRS TEAM DEPLOYMENT FROM JANUARY 15, 2010
THROUGH JANUARY 14, 2011

REF: STATE 049307 (2006)


1. (U) THIS IS AN ACTION REQUEST. SEE PARAGRAPHS 2, 5, and

6.


2. (U) DOD HAS ASKED THE DEPARTMENT TO SECURE STATUS
PROTECTIONS FOR U.S. DEPARTMENT OF DEFENSE PERSONNEL WHO WILL
BE PRESENT IN PANAMA FROM JANUARY 15, 2010 THROUGH JANUARY
14, 2011, IN CONJUNCTION WITH A CIVIL AFFAIRS DEPLOYMENT.
POST IS REQUESTED IMMEDIATELY TO PROPOSE TO THE GOVERNMENT OF
PANAMA 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. (COMMENT: WITH THE EXCEPTION OF THE ACTIVITY, THE
TEXT IS SUBSTANTIALLY SIMILAR TO THAT IN REFTEL).


3. (U) BEGIN TEXT OF DRAFT NOTE: (COMPLIMENTARY OPENING) AND
HAS THE HONOR TO REFER TO RECENT DISCUSSIONS BETWEEN
REPRESENTATIVES OF THE TWO GOVERNMENTS REGARDING THE STATUS
OF UNITED STATES PERSONNEL, AS DEFINED IN THE EMBASSY,S NOTE
NO. 834, DATED JULY 3, 2001, AND THE MINISTRY,S NOTE NO. DM
0301/2001, DATED JULY 10, 2001, WHO MAY BE TEMPORARILY
PRESENT IN PANAMA IN CONJUNCTION WITH A CIVIL AFFAIRS
DEPLOYMENT FROM JANUARY 15, 2010 THROUGH JANUARY 14, 2011.
THE NUMBER OF UNITED STATES PERSONNEL PARTICIPATING IN THIS
CIVIL AFFAIRS DEPLOYMENT WILL TOTAL APPROXIMATELY THREE
OFFICIALS, WHO WILL BE IN UNIFORM AND WILL CARRY WEAPONS AS
AUTHORIZED. THE PURPOSE OF THE VISIT IS TO SUPPORT
CIVIL-MILITARTY OPERATIONS WITH THE PANAMANIAN FORCES. THE
PANAMANIAN COUNTERPART IS SENAFRONT DIRECTOR, FRANK ABREGO.

(U) THE DEPLOYMENTS WILL TAKE PLACE IN PANAMA CITY, DARIEN
PROVENCE, AND ANY OTHER OFFICE OF DEFENSE COOPERATION,
PANAMA-APPROVED LOCATION.

(U) AS A RESULT OF THESE DISCUSSIONS, THE EMBASSY PROPOSES
THAT SUCH PERSONNEL SHALL BE ACCORDED A STATUS EQUIVALENT TO
THAT ACCORDED TO THE ADMINISTRATIVE AND TECHNICAL STAFF OF
THE EMBASSY OF THE UNITED STATES OF AMERICA UNDER THE VIENNA
CONVENTION ON DIPLOMATIC RELATIONS OF APRIL 18, 1961 (VIENNA
CONVENTION). THE UNDERSTANDINGS CONTAINED IN THE EMBASSY,S
NOTE NO. 835, DATED JULY 3, 2001, AND THE MINISTRY,S REPLY
IN NOTE NO. DM 0300/2001, DATED JULY 10, 2001, SHALL APPLY.

(U) UNITED STATES PERSONNEL SHALL BE PERMITTED TO ENTER AND
EXIT PANAMA WITH UNITED STATES IDENTIFICATION AND WITH
COLLECTIVE MOVEMENT OR INDIVIDUAL TRAVEL ORDERS, IN
ACCORDANCE WITH AN AGREEMENT ON NON-IMMIGRANT VISAS BETWEEN
THE UNITED STATES AND PANAMA, WHICH HAS BEEN IN FORCE SINCE
JUNE 1, 1956, AS AMENDED, EXCEPT THAT THE GOVERNMENT OF
PANAMA SHALL WAIVE THE REQUIREMENT FOR TOURIST CARDS AND
RELATED FEES. PANAMANIAN AUTHORITIES SHALL ACCEPT AS VALID
DRIVING LICENSES OR PERMITS ISSUED BY THE APPROPRIATE U.S.
AUTHORITIES TO UNITED STATES PERSONNEL FOR OPERATION OF
VEHICLES; AND SUCH PERSONNEL SHALL BE AUTHORIZED TO WEAR U.S.
GOVERNMENT ATTIRE (UNIFORMS) AND TO CARRY AUTHORIZED
EQUIPMENT WHEN REQUIRED FOR THEIR MISSION WHILE PERFORMING
OFFICIAL DUTIES.

(U) THE EMBASSY OF THE UNITED STATES FURTHER PROPOSES THAT
THE GOVERNMENT OF PANAMA ACCORD DUTY-FREE IMPORTATION AND
EXPORTATION, AS WELL AS EXEMPTION FROM INSPECTION AND
TAXATION, OF PRODUCTS, PROPERTY, MATERIEL, AND EQUIPMENT
IMPORTED INTO, ACQUIRED IN, OR EXPORTED FROM PANAMA BY OR ON
BEHALF OF THE U.S. GOVERNMENT OR ITS PERSONNEL IN CONNECTION
WITH THEIR MISSION IN PANAMA, EXCEPT THAT UNITED STATES
PERSONNEL SHALL NOT BE EXEMPT FROM PANAMANIAN TAXES ON ITEMS
PURCHASED IN PANAMA FOR THEIR PERSONAL USE.

(U) THE TWO GOVERNMENTS SHALL COOPERATE IN TAKING THE
NECESSARY STEPS TO ENSURE THE SECURITY OF UNITED STATES
PERSONNEL AND PROPERTY IN PANAMA.

(U) VESSELS AND AIRCRAFT OWNED OR OPERATED BY OR FOR UNITED
STATES ARMED FORCES SHALL NOT BE SUBJECT TO PAYMENT OF
LANDING OR PORT FEES, PILOTAGE CHARGES, NAVIGATION,
OVERFLIGHT OR PARKING CHARGES, OR LIGHTERAGE OR HARBOR DUES
WHILE IN PANAMA, EXCEPT FOR THE CHARGES RELATED TO THE NORMAL
TRANSIT OF THE PANAMA CANAL, PREVIOUSLY AGREED TO; THE UNITED
STATES ARMED FORCES SHALL PAY REASONABLE CHARGES FOR SERVICES
REQUESTED AND RECEIVED.

(U) IT SHALL BE THE RESPONSIBILITY OF UNITED STATES PERSONNEL
TO RESPECT THE LAWS OF PANAMA AND TO ABSTAIN FROM ANY
ACTIVITY INCONSISTENT WITH THE SPIRIT OF THEIR MISSION.
AUTHORITIES OF THE GOVERNMENT OF THE UNITED STATES OF AMERICA
SHALL TAKE THE NECESSARY STEPS TO THAT END.

(U) APPROPRIATE PANAMANIAN AND U.S. MILITARY OR CIVILIAN
POLICE AUTHORITIES SHALL COOPERATE IN THE INVESTIGATION OF
ANY CRIME BELIEVED TO HAVE BEEN COMMITTED BY OR AGAINST
UNITED STATES PERSONNEL.

(U) THE GOVERNMENT OF PANAMA SHALL ACCEPT FULL RESPONSIBILITY
FOR, AND SHALL HOLD THE UNITED STATES GOVERNMENT HARMLESS
FROM, ANY AND ALL CLAIMS ARISING FROM THE USE OF PROJECTS
CONSTRUCTED, OR IN THE PROCESS OF BEING CONSTRUCTED IN WHOLE
OR IN PART, BY UNITED STATES PERSONNEL IN CONNECTION WITH
THEIR MISSION IN PANAMA.

(U) FINALLY, BOTH GOVERNMENTS SHALL WAIVE ANY AND ALL CLAIMS
(OTHER THAN CONTRACTUAL CLAIMS) AGAINST EACH OTHER FOR
PERSONAL INJURY TO OR DEATH OF THEIR MILITARY OR CIVILIAN
PERSONNEL, OR FOR DAMAGE, LOSS, OR DESTRUCTION OF THE
OTHER,S PROPERTY ARISING OUT OF ACTIVITIES COVERED BY THIS
AGREEMENT. THE UNITED STATES SHALL PAY, IN ACCORDANCE WITH
UNITED STATES LAW, FAIR AND REASONABLE COMPENSATION IN
SETTLEMENT OF MERITORIOUS CLAIMS BY THIRD PARTIES ARISING OUT
OF ACTS OR OMISSIONS OF UNITED STATES PERSONNEL, OR WHICH ARE
OTHERWISE INCIDENT TO AGREED ACTIVITIES BY UNITED STATES
PERSONNEL IN CONNECTION WITH THEIR MISSION IN PANAMA.

(U) ADDITIONAL ARRANGEMENTS AS MAY BE NECESSARY MAY BE
ENTERED INTO BY THE APPROPRIATE AUTHORITIES OF THE TWO
GOVERNMENTS.

(U) THE EMBASSY OF THE UNITED STATES OF AMERICA PROPOSES THAT
THIS NOTE AND THE MINISTRY,S REPLY THERETO SHALL CONSTITUTE
AN AGREEMENT BETWEEN THE TWO GOVERNMENTS ON THIS SUBJECT AND
THAT ITS PROVISIONS SHALL BE IN FORCE AS OF THE DATE OF THE
MINISTRY,S REPLY. (COMPLIMENTARY CLOSING.) END TEXT.


4. (U) THE SUGGESTED REPLY OF THE GOVERNMENT OF PANAMA
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 PANAMA 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. (U) ANY HOST COUNTRY PROPOSAL FOR CHANGES TO THE U.S.
TEXT SHOULD BE REFERRED TO THE DEPARTMENT. STATE POCS ARE
MARSHA SINGER, WHA/CEN, 202-647-3505, OR CDR MARC GUARIN,
L/PM, 202-647-7563. THE DEPARTMENT OF DEFENSE POCS ARE
VANESSA MITCHELL, 703-697-3190, AND WALTER EARLE, OSD/WHA,
703-697-3327.


6. (U) 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