(U) Nicaragua SOFA: Foreign Ministry Proposes Text For 2010

UNCLAS SECTION 01 OF 03 MANAGUA 000182 SIPDIS DEPT FOR WHA/CEN, L/T AND PM/SNA STATE PASS TO USAID/LAC AND USAID/OMC SOUTHCOM FOR POLAD AND JAG OSD FOR OFFICE OF GENERAL COUNSEL (OGC) USARSO FOR MG TROMBITAS E.O. 12958: N/A TAGS: MARR MOPS PREL EAID OPDC PINS NU SUBJECT: (U) Nicaragua SOFA: Foreign Ministry Proposes Text For 2010 Renewal REF: 2009 REFERENCE 201; 2009 REFERENCE 100 ¶1. (U) This is an ACTION REQUEST. Please see Para 5 for Action. SUMMARY ¶2. (U) On January 25 we met with a Government of Nicaragua (GON) interagency team to discuss a renewal of the U.S.-Nicaragua Status of Forces Agreement (SOFA) for 2010. The GON expressed a desire to renew the SOFA (within two weeks if possible),and proposed some modifications to the 2009 SOFA text for our consideration (see attached documents). In reviewing its proposed changes for us, the GON reiterated a desire to establish essentially an "evergreen" SOFA text. The Ministry of Defense representative also requested that the U.S. provide a more detailed lists of U.S. personnel transiting Nicaragua as part of operational activities. We request Washington guidance in responding to the GON proposed text. END SUMMARY. GON Seeks SOFA Renewal for 2010, and Beyond... ¶3. (U) At the Foreign Ministry's request, on January 25 we met with a Government of Nicaragua (GON) interagency team comprised of representatives from the Foreign Ministry, the Ministry of Defense and the Nicaraguan Armed Forces (JAG),to discuss a renewal of the U.S.-Nicaragua Status of Forces Agreement (SOFA) for 2010 operational year (defined as 01 Jan to 31 Dec). GON attendees were: Dr. Cesar Vega, Counselor, Ministry of Foreign Affairs (MINREX); Dr. Juan Umana, Ministry of Defense; Denis Palma, DirGen for Inter-institutional Cooperation, Ministry of Defense; Col. FNU Molina, Nicaraguan Army JAG Office; Renee Morales, Director, Americas Division, MINREX; Jane Mary Rivera, Americas Division, MINREX. EMB Managua Attendees were: Pol-Mil Officer Jesse Curtis; Senior Defense Official, COL Humberto Rodriguez; U.S. Military Group Commander, LTC Michael Regan and Senior Political Specialist Milena Lanzas (notetaker). The GON expressed a desire to renew the SOFA (within two weeks if possible),and to this end, proposed some modifications to the 2009 SOFA text for our consideration (see attached documents). The major changes include (1) moving the annual roster of operational activities from para 1 to an annex, (2) adding language regarding use of passports to enter and leave Nicaragua, (3) changing language related to inspection of items brought in to Nicaragua for use in operational activities, and (4) modification of the language related to importation of weapons. In reviewing its proposed changes for us, the GON did reiterate a desire to work towards a SOFA text that would require minimal modification from year to year. ¶4. (U) In discussing the new language regarding passports (see changes listed in para below),MinDef's Palma stated that, while the SOFA text did not need to codify procedures, the GON would like "better lists" of U.S. personnel who were entering Nicaragua as part of these activities. He asked if the USG would provide, particularly for ship visits, a complete list of U.S. personnel. We explained that the U.S. would not be able to provide a crew list, but would review our existing procedures and arrangements, (NOTE: These were developed in advance of the CONTINUING PROMISE 2008 deployment of the USS KEARSARGE to Nicaragua END NOTE),to determine whether further adjustments were possible. Referring to the new language in para 1 on notification of changes to activities, Palma also noted MINDEF's desire to define more clearly the time frames within which notification of program changes should occur. He was clear that this not hold up agreement on the text itself, but seeks a "mutual understanding" on "adequate notification." We asked the GON about changed language specific to inspections, to which the GON responded that it sought to ensure that paper documentation matched actual cargo and materiel and that health and safety regulations were respected. They were clear that this change would not/not impose any new import tax or duty. ACTION REQUEST ¶5. (U) We have reviewed the suggested revisions and find them generally acceptable and reasonable; however, we request that Washington provide guidance on how to respond to the GON's proposal for the 2010 SOFA renewal. Embassy Point of Contact for this issue is Political-Military Affairs Officer, Jesse Curtis (OpenNet/NIPR: CurtisJS@state.gov; SIPR: CurtisJS@state.sgov.gov; Tel: +505-2252-7128). GON Proposed Revised SOFA Text ¶6. (U) The GON's proposed changes to the SOFA text provided below are keyed to the attached, annotated English marked-up version of the SOFA. For reference, we have also attached the marked-up Spanish original text provided by the GON and the 2010 Roster of Operational Activities in English and Spanish. These documents will also be forwarded to State's WHA/CEN for dissemination and review. BEGIN List of changes in GON proposed SOFA text: - Throughout text: Replace "2009" with "2010." - Change DipNote Number, as appropriate. Para 1 - Line 4 - Delete list of operational activities that begins in line 4, and replace with illustrative examples of the types of activities to be undertaken during the year. "operational activities jointly agreed between Nicaragua and the United States, such as Exchanges, Medical Training Exercises, and visits for the purpose of Humanitarian Assistance,..." NOTE: The GON proposal is to include the roster of operational activities as an Annex to the SOFA text. The GON also desires to retain the current USMLGP-to-Nic Army channel to facilitate the Constitutionally-required annual notification to the National Assembly. - Line 7 - Insert "coordinated" before "military-to-military." - Line 9 - Insert phrase "and which are delineated in the attached Annex" after "2010 operational activities." - At end of para, insert the sentence, "In the event that changes are required for certain activities, or to personnel or equipment related to these activities, notification of changes should be made with adequate advance notification." The GON seeks to further clarify the mechanism for making changes to planned activities. NOTE: The Ministry of Defense representative expressed a desire to define more concretely the phrase, "adequate advance notification." Para 2 - Line 8 - after the phrase "enter and exit Nicaragua with", insert the phrase "a passport, or in its absence, with..." NOTE: The GON prefers that USG personnel covered under the SOFA enter and depart Nicaragua using a passport. However, they recognized the USG need for flexibility in this regard and retained the "Mil ID and orders" provision. They did seek to clarify that this option would not/not apply to non-uniformed military personnel. - Last Line - replace "carry" with "bring in" NOTE: GON sought to correct the meaning of the Spanish text, replacing "portar" (to carry) with "introducir" (to introduce/bring in). This reflects the GON's position that USG personnel should not bear arms while in Nicaragua, but would be permitted to bring in weapons, which would be securely stored during their stay in country, thus permit on-alert units to comply with their requirement that their arms be immediately available in the event of emergency deployment to another location. Para 3 - Line 2 - Delete "inspection and" from text. NOTE: GON asserts its right to inspect. Not for customs or duty purposes, but for health, safety and quarantine purposes. Example given was, right to inspect incoming medicines to verify that formulary is correct, in accordance with submitted documentation and in compliance with GON standards on medicines. - Line 3 - Insert "in accordance with applicable Nicaraguan legislation" after the phrase "exemption from taxation." Para 4, Line 1; Para 9, Line 5; Para 12, Lines 3, 4 and 5 - Replace "shall" with "will" NOTE: This reflects a change in the Spanish from "deber + infinitive verb" to future tense. We believe this change to the Spanish weakens the obligatory sense conveyed by the English-version "shall." Para 9 - Last Line - At the end of the para, insert the phrase, "with the understanding that all procedures and processes will conform to applicable legislation of Nicaragua." Change Date on DipNote, as appropriate Add Annex, "Roster of 2010 Operational Activities" NOTE: This Annex is attached in English and Spanish. END List of changes in GON proposed SOFA text. CALLAHAN