FOREIGN MINISTRY STATES THAT PROPOSED AGREEMENT ON STATUS OF

UNCLAS SANTO DOMINGO 000246

SENSITIVE
SIPDIS

E.O. 12958: N/A
TAGS: MARR KTIA MOPS PREL DR
SUBJECT: FOREIGN MINISTRY STATES THAT PROPOSED AGREEMENT ON STATUS OF
USG FORCES WILL NEED ADDITIONAL INTRA-GOVERNMENTAL CONSULTATIONS AND
CONGRESSIONAL APPROVAL

REF: STATE 1168

(U) Sensitive but Unclassified. Please protect accordingly.




1. (SBU) The Foreign Ministry of the Dominican Republic, by
diplomatic note dated 10 February 2010 (received 12 February),
responded to the Embassy's diplomatic note on a proposed agreement
on status protections for U.S. military personnel who will be
temporarily present in the Dominican Republic in connection with
military exercises and training, counter-drug related activities,
U.S. security assistance programs, or other agreed upon peaceful
purposes (Reftel). In its note, the Foreign Ministry stated that
the provisions in the second and third paragraphs of our proposed
agreement "are acceptable," as they "assimilate employees of the
American Government as members of the administrative and technical
personnel of the Embassy," and thus are covered by the terms of the
Vienna Convention on Diplomatic Relations of 1961.




2. (SBU) On the other hand, the Ministry stated that the
remaining provisions in the note - dealing with contractors'
status, duty free entrance of resources, security measures,
landing/port fee/pilotage/navigation/overflight and parking
exonerations, recognition of professional licenses, surrender to
U.S. custody of U.S. personnel arrested, "hold harmless" from
claims, and payments for personal injury and death - "imply
concessions that are not foreseen in the Vienna Convention" and,
consequently are not within the Foreign Ministry's competence, but
rather within that of other government agencies, and that the
granting of these "concessions" can only be achieved through an
agreement that is approved by the National Congress. The Foreign
Ministry concluded by stating that in order to proceed with the
negotiation of this agreement, it is in the process of obtaining
opinions from other Dominican Government institutions whose
interests are involved, and will keep the Embassy informed of
developments.




3. (SBU) Our translation of the Ministry's note follows at
paragraph 4. A copy is being emailed to WHA/CAR. Embassy will
continue to follow up with the Foreign and Defense Ministries
regarding this agreement.




4. (SBU) Begin text of diplomatic note:



The Secretariat of State for Foreign Relations presents its
compliments to the Embassy of the United States of America, and
avails itself of this opportunity to refer to its Note No. 18, of
January 17 of this year, through which it proposes extending the
terms of the Agreement by exchange of Notes between the Dominican
Republic and the United States of AMERICA on August 4, 1988,
allowing employees of the U.S. Government, not members of the
Embassy, but who were in the Dominican Republic in special
missions, to enjoy similar status to that given to the
administrative and technical members of the Mission, with the
privileges foreseen in the 1961 Vienna Convention on Diplomatic
Relations.



In this respect, the Secretariat of State communicates that what is
contained in the second and third paragraphs of the Note are
acceptable to this Chancery, in the sense that by assimilating the
employees of the U.S. Government as members of the technical and
administrative staff of the Embassy, they would be covered by the
terms of the aforementioned Vienna Convention. However, the other
paragraphs of the proposed Agreement imply concessions that are not
contemplated by the aforementioned Vienna Convention and therefore
granting it is not within the authority of this Chancery, but of
other Dominican agencies, which can only be granted by means of an
agreement passed by the National Congress.



With the will to continue negotiating this affair, we are
collecting the opinion of each of the competent institutions of the



Dominican Government in this matter, and we will keep that
Honorable Mission informed.



The Secretariat of State for Foreign Relations avails itself of
this opportunity to reiterate to the Embassy of the United States
of America, the renewed assurances of its highest consideration.



End Text.
Lambert