COUNTERPROPOSAL - AGREEMENT WITH TRINIDAD AND

UNCLAS STATE 016716

SENSITIVE
SIPDIS

E.O. 12958: N/A
TAGS: KTIA MARR MOPS PREL PM TD
SUBJECT: COUNTERPROPOSAL - AGREEMENT WITH TRINIDAD AND
TOBAGO ON THE STATUS OF U.S. FORCES FOR THE SUMMIT OF THE
AMERICAS AND OTHER EVENTS IN 2009.

REF: A. 2008 STATE 15777

B. STATE 7413

C. KUSNITZ EMAIL DATED 6 FEBRUARY


1. (U) THIS IS AN ACTION REQUEST. SEE PARAGRAPHS 2, 3, 5, 6,
and 7.


2. (SBU) On February 6, 2009, the Government of the Republic
of Trinidad and Tobago (GOTT) submitted to post a diplomatic
note with the GOTT response to the U.S. request for a status
of forces agreement that would cover calendar year 2009
mutually agreed activities, including the Summit of the
Americas (no. 027). As stated in their February 6, 2009
diplomatic note, the GOTT intends to provide status
protections to U.S. personnel by designating the United
States under its Visiting Forces Act (VFA) and
agreeing to additional terms not covered by the VFA. With
certain changes, i.e., those which are incorporated in
paragraph 4 of the diplomatic note, the United States finds
this proposal acceptable for purposes of ensuring adequate
status protections for the Summit and other mutually agreed
activities in 2009. The United States changes to the GOTT's
counterproposal appear as noted in
bracketed text (additions and deletions). Please note that
"if needed" talking points, which should be deleted in the
diplomatic note presented to the GOTT, are embedded in the
text of the note for post,s use in discussions with GOTT
counterparts.


3. (SBU) U.S. DoD personnel will be temporarily present in
Trinidad and Tobago in connection with the Summit of the
Americas from March 24, 2009 through April 24, 2009. Post is
requested to present the notes in paragraphs 4 and 5 to the
GOTT regarding the status of United States DoD personnel
participating in these activities.


4. (U) BEGIN TEXT OF DIPLOMATIC NOTE:

The Embassy of the United States of America presents its
compliments to the Ministry of Foreign Affairs of Trinidad
and Tobago 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 2009 mutually agreed
activities, including the Summit of the Americas event from
March 24, 2009 to April 24, 2009.

As part of these 2009 mutually agreed activities, (ADDITION:
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
(DELETION: personnel) (ADDITION: authorities) (IF NEEDED
TALKING POINT: By using the term authorities, this should
eliminate the GOTT need for their suggested addition, deleted
here, in para 10.) 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 recognizes the
particular importance of disciplinary control by United
States Armed Forces authorities over United States personnel
(DELETION: and subject to the laws of Trinidad and Tobago)
and authorizes the Government of the United States to
exercise criminal jurisdiction over United States personnel
while in Trinidad and Tobago (IF NEEDED TALKING POINT: This
is not a waiver of GOTT jurisdiction but an ability for the
USG to exercise military justice) (DELETION: except in those
cases of particular importance to the Republic of Trinidad
and Tobago, if Trinidad and Tobago determines that the case
of particular importance, it would 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.)

The Government of the Republic of Trinidad and Tobago shall
designate the United States of America in accordance with the
Visiting Forces Act, Act No. 8 of 2007, such designation to
be for the duration of 2009.

(ADDITION: 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 to actions
taken in the course of their 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.) (IF NEEDED ADDITION IF GOTT OBJECTS TO FULL WAIVER:
except those cases of particular importance to the republic
of Trinidad and Tobago. If 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 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 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. (DELETION: The Government of the United States of
America shall certify that the aforementioned items imported
by united states personnel are for purposes connected to
activities under this agreement.) (ADDITION: 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, material, 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. (DELETION:
where the driving permits are issued by countries other than
the United States of America, the relevant United States
authorities shall inform the government of Trinidad and
Tobago of the same so that the necessary provisions can be
put in place.)

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 NOTE TEXT.


5. (U) Post is requested to inform the Department by front
channel cable of the delivery of the draft note to the MFA
and MOD officials and any discussions that take place on that
occasion. Additionally, post is requested to provide
periodic updates on the status of the draft SOFA with host
nation officials.


6. (U) Any host country proposals for changes to the U.S.
text should be referred to the Department. State POCs are
Michael Fortin and Jonathan Mitchell, WHA/CAR (202-647-5088)
and CDR Tom Herold, L/PM (202-647-7563). DoD POCs are Walter
Earle, OSD/WHA (703-697-3327) and Ashley Richardson
(703-697-3514).


7. (U) Upon conclusion of the exchange of notes, post 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 cerified copy of
the U.S. note to the Department, L/T, room 5420, att: Daphne
Cook.
CLINTON