SUBJECT: AGREEMENT WITH PANAMA ON STATUS OF

UNCLAS STATE 064493

SIPDIS

E.O. 12958: N/A
TAGS: KTIA MARR MOPS PM PREL US
SUBJECT: SUBJECT: AGREEMENT WITH PANAMA ON STATUS OF
FORCES FOR U.S. NAVY MOBILE SECURITY DETACHMENT OPERATIONS
FOR HIGH VALUE UNIT TRANSIT (HVUT) U.S. VESSEL PASSAGES OF
THE PANAMA CANAL FROM JULY 1 - DECEMBER 31, 2009

REF: STATE 049307


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 PANAMA
FROM JULY 1 - DECEMBER 31, 2009, IN CONJUNCTION WITH U.S.
NAVY MOBILE SECURITY DETACHMENT OPERATIONS FOR HIGH VALUE
UNIT TRANSIT (HVUT) U.S. VESSEL PASSAGES OF THE PANAMA CANAL.
POST IS REQUESTED TO IMMEDIATELY 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. 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 DM NO.
0301/2001, DATED JULY 10, 2001, WHO MAY BE TEMPORARILY
PRESENT IN PANAMA IN CONNECTION WITH A VISIT BY APPROXIMATELY
31 OFFICIALS FROM THE U.S. NAVY MOBILE SECURITY DETACHMENT,
WHO WILL BE IN UNIFORM AND WHO WILL CARRY AUTHORIZED WEAPONS.
THE OFFICIALS WILL STAY IN PANAMA FROM JULY 1, 2009 THROUGH
DECEMBER 31, 2009. THE PURPOSE OF THE VISITS IS TO
FACILITATE HIGH VALUE UNIT TRANSITS (HVUT) OF U.S. VESSELS
THROUGH THE PANAMA CANAL. THE PANAMANIAN COUNTERPART IS
MANAGER ANTONIO MICHEL AT THE PANAMA CANAL AUTHORITY (ACP).

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. D.M. 0300/2001 DATED JULY 10, 2001, SHALL APPLY.

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.

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.

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

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.

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.

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.

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.

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.

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

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 ENTER INTO FORCE AS OF THE DATE OF
THE MINISTRY,S REPLY. (COMPLIMENTARY CLOSING.)


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 Lt
Col David Cloe, 703-697-3313, 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).

End Text.
CLINTON