ECUADOR: "GAS AND GO" NON PAPER AND DIPLOMATIC

C O N F I D E N T I A L SECTION 01 OF 05 STATE 047202 SIPDIS E.O. 12958: DECL: 05/07/2019 TAGS: PREL MARR MOPS SNAR EC SUBJECT: ECUADOR: "GAS AND GO" NON PAPER AND DIPLOMATIC NOTE REF: A. QUITO 82 ¶B. QUITO 57 ¶C. 08 STATE ... id: 206230 date: 5/8/2009 18:08 refid: 09STATE47202 origin: Secretary of State classification: CONFIDENTIAL destination: 08STATE130900|09QUITO57|09QUITO82 header: VZCZCXRO0053 OO RUEHAO DE RUEHC #7202/01 1281822 ZNY CCCCC ZZH O R 081808Z MAY 09 FM SECSTATE WASHDC TO RUEHQT/AMEMBASSY QUITO IMMEDIATE 4220 INFO RUEHAC/AMEMBASSY ASUNCION 0665 RUEHBO/AMEMBASSY BOGOTA 2200 RUEHBR/AMEMBASSY BRASILIA 2631 RUEHBU/AMEMBASSY BUENOS AIRES 6571 RUEHCV/AMEMBASSY CARACAS 0654 RUEHLP/AMEMBASSY LA PAZ 2503 RUEHPE/AMEMBASSY LIMA 4747 RUEHMN/AMEMBASSY MONTEVIDEO 2563 RUEHZP/AMEMBASSY PANAMA 4735 RUEHSN/AMEMBASSY SAN SALVADOR 3040 RUEHSG/AMEMBASSY SANTIAGO 0728 RUEHAO/AMCONSUL CURACAO 5713 RUEHGL/AMCONSUL GUAYAQUIL 0430 RHEHNSC/NSC WASHINGTON DC 3244 -------------- header ends -------------- C O N F I D E N T I A L SECTION 01 OF 05 STATE 047202 SIPDIS E.O. 12958: DECL: 05/07/2019 TAGS: PREL MARR MOPS SNAR EC SUBJECT: ECUADOR: "GAS AND GO" NON PAPER AND DIPLOMATIC NOTE REF: A. QUITO 82 ¶B. QUITO 57 ¶C. 08 STATE 130900 Classified By: A/S SHANNON, REASONS 1.4 (D). ¶1. (C) Reftels A and B noted GOE willingness to consider a "Gas and Go" civilian counter-narcotics air interdiction program in the Eastern Pacific, in the wake of the pending U.S. withdrawal from Manta Forward Operating Location (FOL) later this year. This cable provides Embassy Quito with a non-paper and diplomatic note to use in discussions with GOE officials regarding such a program. Post is requested to approach the GOE as soon as appropriate. ¶2. (SBU) "GAS AND GO" NON-PAPER -------------- Non-Paper: Enhancing Ecuador/United States Cooperation in the Suppression of Illicit Narcotics Trafficking In furtherance of Article 17 of the 1988 United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, Ecuador and the United States presently cooperate in a range of bilateral counterdrug and law enforcement activities. One very effective arrangement for the conduct of at-sea interdiction concluded in 2006, resulted in a nearly 90% reduction in the use of Ecuadorian fishing vessels by drug trafficking organizations. Building on this approach of establishing expedited operational procedures to support occasional operational needs, we invite Ecuador's consideration of a framework for non-binding cooperative partnership focused on improving the efficiency of Maritime Patrol Aircraft operations in the Eastern Pacific for the purpose of detecting and monitoring non-commercial vessels suspected of illicit maritime drug trafficking. The United States believes such a partnership, developed and implemented with full regard for the principles of international law, national sovereignty, and territorial integrity, would increase the effectiveness of our mutual efforts to reduce the supply of illicit narcotics crossing the maritime borders of our nations by making the most efficient use of scarce law enforcement resources. This arrangement would complement U.S. support for the Government of Ecuador's counter-narcotics efforts, including assistance currently provided by the U.S. Embassy's Narcotics Affairs Section under a Letter of Agreement and by the U.S. Military Group under a Memorandum of Understanding, as well as demand reduction efforts carried out by the United States at home. The basic guidelines of this arrangement, which would be non-binding, would include the following: -- Ecuador may permit, after notification to and coordination with appropriate officials, U.S. Department of Homeland Security aircraft, and, in exceptional circumstances other U.S. Government aircraft, to land and temporarily remain at international airports in Ecuador in accordance with international norms for the purposes of resupplying fuel and provisions, medical assistance, minor repairs, weather, and other logistics and related purposes in support of maritime counterdrug detection and monitoring operations in the Eastern Pacific Ocean. -- Such aircraft would be operated by crew members employed by the Department of Homeland Security clothed in standard flight suits or civilian attire, and carrying valid, official U.S. passports for presentation to and inspection by appropriate Ecuadorian officials upon request. -- United States personnel in Ecuador would enjoy freedom of movement within the airports where U.S. Government aircraft are located, as well as such freedom of movement as may be STATE 00047202 002 OF 005 necessary to undertake those activities required for the performance of their duties. Ecuador would afford United States personnel the same privileges and immunities as are provided to the administrative and technical staff of the United States Embassy. -- In the interest of flight safety, the U.S. Government officials aboard these aircraft would endeavor to identify the aircraft and provide notification of its entry into and departure from the air traffic control zone assigned to the appropriate civil aviation authority, maintain open and ongoing communication with Ecuador's civil aviation authority, observe the air navigation regulations and practices stipulated by the ICAO and international law, and follow the flight safety instructions of the civil aviation authority of Ecuador. -- The U.S. Embassy in Quito should provide the Ministry of Foreign Affairs notification not less than: a) 30 days in advance of any proposed operations if the United States anticipates such operations will exceed 72 hours in duration; or b) 8 hours in advance of any operations if the United States anticipates such operations will not exceed 72 hours in duration. c) 2 hours in advance of any operations if the United States anticipates such operations will be for the purpose of expeditious refueling and are not likely to result in the DHS aircraft or employees remaining overnight in Ecuador. -- Ideally, the U.S. Government aircraft would be permitted to conduct operations continuously for 6-14 days per month under these arrangements. In any case, U.S. Government employees embarked in such aircraft may need to remain overnight in Ecuador as necessary for the efficient and effective implementation of this arrangement. -- The United States anticipates that its logistical requirements would include: a) 45,000 pounds / 6,500 gallons of aviation fuel per aircraft upon arrival b) Full ground services, including ground power unit, lavatory, marshalling, tugs, air start c) Appropriate aircraft rescue and firefighting services consistent with ICAO Annex 14, Volume I, and ICAO document 9137, part 1 d) Security for aircraft e) Airfield traffic / ATC block time f) Accommodating additional aircraft with repair parts if the original aircraft experiences maintenance problems -- The United States intends to pay normal and customary fees for aviation and any other logistic services rendered pursuant to the arrangement. -- The United States looks forward to further discussion of this proposed arrangement with the Government of Ecuador at the earliest possible opportunity. ¶3. (SBU) "GAS AND GO" DIPLOMATIC NOTE -------------- EMBASSY OF THE UNITED STATES OF AMERICA No. . The Embassy of the United States of America presents its compliments to the Ministry of Foreign Relations, Trade, and Integration of the Republic of Ecuador and, recalling STATE 00047202 003 OF 005 Ecuador's regional leadership in combating illicit traffic by sea in narcotics, has the honor to propose a non-binding arrangement between the Government of the Republic of Ecuador and the Government of the United States of America (hereafter, "the Participants"),pursuant to Article 17 of the 1988 United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances (hereafter, "Article 17") for the purpose of enhancing periodic maritime patrol aircraft operations to detect and monitor illegal narcotics activity in international waters suspected of engaging in illicit trafficking. Taking into account the necessity to cooperate to the fullest extent possible to suppress illicit traffic by sea: ¶1. The Government of the Republic of Ecuador may permit, after notification to and coordination with appropriate officials, on the occasions and for the time necessary for the proper performance of operations in furtherance of Article 17, United States Department of Homeland Security (hereafter, "DHS") aircraft, and in exceptional circumstances other U.S. Government aircraft, to overfly its territory and waters in order to land and temporarily remain at Ecuadorian airports in accordance with international norms due to weather conditions, or for the purposes of patrol logistics, resupplying fuel and provisions, medical assistance, minor repairs, and other purposes related to or in support of operations intended to implement Article 17. The Government of the Republic of Ecuador may permit U.S. Government employees embarked in such aircraft to remain overnight in Ecuador as necessary for the efficient and effective implementation of this arrangement. ¶2. The Government of the United States of America should notify the Government of the Republic of Ecuador not less than: a. Thirty (30) days in advance of any proposed operations pursuant to paragraph 1 if the United States anticipates such operations will exceed 72 hours in duration; b. Eight (8) hours in advance of any operations pursuant to paragraph 1 if the United States anticipates such operations will not exceed 72 hours in duration; or c. Two (2) hours in advance of any operations pursuant to paragraph 1 if the United States anticipates such operations will be for the purpose of expeditious refueling and are not likely to result in the DHS aircraft or employees remaining overnight in Ecuador. ¶3. The Government of the Republic of Ecuador intends to provide an expeditious response to requests by the Government of the United States of America pursuant to paragraphs 1 and ¶2. ¶4. The Government of the United States of America intends: a. For U.S. Government aircraft subject to requests pursuant to this arrangement to be operated and occupied solely by U.S. Government employees, clothed in standard flight suits or civilian attire, and carrying valid, official U.S. passports for presentation to and inspection by appropriate Ecuadorian officials upon request. b. In the interest of flight safety, to observe the following procedures for facilitating flights within Ecuadorian airspace by U.S. Government aircraft engaged in operations pursuant to this arrangement: 1) Identify the aircraft and provide notification of its entry into and departure from the air traffic control zone assigned to the appropriate civil aviation authority; 2) Maintain open and ongoing communication with the civil aviation authority of the other Participant (or ". . . with the civil aviation authority of the Republic of Ecuador"); 3) Observe the air navigation regulations and practices stipulated by the ICAO and international law; and STATE 00047202 004 OF 005 4) Follow the flight safety instructions of the civil aviation authority of the Republic of Ecuador. c. To pay normal and customary fees (and taxes) for aviation and any other logistic services rendered in Ecuador pursuant to this note. ¶5. The Government of the Republic of Ecuador intends to accord to the United States personnel in Ecuador in connection with flights pursuant to this Note, the status equivalent to that provided to the administrative and technical staff of the United States Embassy in accordance with the Vienna Convention on Diplomatic Relations of April 18, 1961 (hereafter, "the Convention"). If it becomes necessary for Ecuadorian authorities to detain temporarily any United States personnel, the Government of the Republic of Ecuador intends for such authorities to immediately notify the Embassy of the United States of America in Ecuador, and coordinate for their return to the appropriate United States authorities. Consistent with the Convention, the Government of the Republic of Ecuador and the Government of the United State of America intend for: a. United States personnel to be subject to the civil and administrative jurisdiction of Ecuador for acts committed outside the course of their duties; and b. Ecuadorian authorities and United States law enforcement authorities to cooperate in the investigation of any crimes believed to be committed by or against United States personnel. ¶6. The Participants intend to inform each other in writing of, and keep current, the specific procedures and points of contact for requests and coordination under paragraphs 1-4, and to ensure that the points of contact have the capability to receive, process, and respond to requests and reports at any time. ¶7. The Participants intend to settle disputes arising from the interpretation or implementation of this arrangement by mutual concurrence. The Participants intend to consult as necessary to evaluate the implementation of this arrangement and to consider enhancing its effectiveness. In case a difficulty arises concerning the operation of this arrangement, either Participant may request consultations with the other to resolve the matter. ¶8. Each Participant should provide advance written notice of its intent to discontinue the arrangement to the other Participant through the appropriate diplomatic channel. It is anticipated that the date on which the procedures in this arrangement are no longer to be followed would be thirty days from the date of notification unless the Participants determine otherwise. If this proposal is acceptable to the Government of the Republic of Ecuador, the Embassy proposes that this note and the Ministry's note in reply would constitute an arrangement between our two Governments, which may be employed on the date of the Ministry's note in reply. The Embassy of the United States of America takes this opportunity to assure the Ministry of its highest consideration. ¶4. (SBU) Example Response Diplomatic Note for the GOE -------------- -------------- Embassy of the United States of America Quito, DATE (SEAL) REPLY NOTE: The Ministry of Foreign Affairs of the Republic of Ecuador presents its compliments to the Embassy of the United States of America and refers to the Embassy's note No. dated , which reads as follows: STATE 00047202 005 OF 005 (Insert text of U.S Note) The Ministry has the honor to inform the Embassy that the proposal contained in the Embassy's note is acceptable to the Government of the Republic of Ecuador, and that accordingly the Embassy's note and this note in reply constitute an arrangement between our two Governments, which may be employed on the date of this note. (complimentary close) CLINTON =======================CABLE ENDS============================