REQUEST FOR AUTHORIZATION TO SIGN MOU ON RADAR SHARING WITH

UNCLAS SANTO DOMINGO 000266 SENSITIVE SIPDIS E.O. 12958: N/A TAGS: MARR PREL SNAR DR SUBJECT: REQUEST FOR AUTHORIZATION TO SIGN MOU ON RADAR SHARING WITH THE DOMINICAN REPUBLIC (U) Sensitive but Unclassified. Please protect accordingly. ¶1. (SBU) ACTION REQUEST: SOUTHCOM, Dominican Air Force and Dominican Aviation Institute (IDAC) officials have developed the enclosed Memorandum of Understanding (MOU) on radar sharing. This MOU is designed to be an extension of the Cooperating Nations Information Exchange System (CNIES) that would formalize existing practice and facilitate the incorporation of newly acquired Dominican military radar systems once these come on line in the next few months. The Embassy has received formal notice from IDAC Director Jose Tomas Perez that he is prepared to sign the MOU on behalf of the Dominican Government. Embassy requests SECSTATE and SECDEF approval to sign the MOU or guidance regarding any revisions that may be required in its terms. END ACTION REQUEST. ¶2. (SBU) Begin text of MOU: MEMORANDUM OF UNDERSTANDING BETWEEN THE GOVERNMENT OF THE UNITED STATES OF AMERICA AND THE GOVERNMENT OF THE DOMINICAN REPUBLIC FOR RADAR DATA SHARING The Government of the United States of America and the Government of the Dominican Republic desiring to increase their mutual cooperation for the suppression of arms and narcotics trafficking, and for the enhancement of regional cooperation and aviation safety and sovereignty, agree to the following: ¶1. The Government of the United States of America will obtain integration/networking equipment to be installed in the Dominican Republic for the purpose to share radar data from the Dominican Republic Institute of Civil Aviation (El Instituto Dominicano de Aviaci????n Civil - IDAC) and the Dominican Air Force (Fuerza A????rea Dominicana - FAD) radar systems with the United States Federal Aviation Administration and those United States agencies charged with counter narcotics and air or sea domain sovereignty responsibilities, to include, Joint Interagency Task Force-South (JIATF-S),Key West, Florida. ¶2. The Government of the United States of America hereby agrees that the integration/networking equipment shall be primarily used as part of a network designed to detect, monitor, track, and interdict and apprehend suspicious narco-traffickers, both airborne and maritime, as part of and under Dominican Republic Law 50-88 (Law of the Dominican Republic on Drugs and Controlled Substances). The integration/networking equipment may also be used for detection, monitoring and tracking, and interdiction and apprehension of suspicious or other illicit activities such as arms smuggling or narco-terrorism. Initial technical specifications for all integration/networking equipment shall be based solely on its ability to interoperate within the counterdrug surveillance architecture in direct support of JIATF-S counter narcotic activities. However, future modifications may be installed to provide integration into partner nation command centers, as desired. ¶3. The principal intent of this agreement is to integrate existing Dominican Republic Civil Aviation Authorities (CAA) radars into the JIATF-S Common Operating Picture, fuse the radar data with United States developed data, and transmit this information, total air picture or special interest tracks to Dominican Republic agencies responsible for countering narcotics/arm trafficking and to other regional partners via the Cooperating Nations Information Exchange System (CNIES) or as separately agreed to by other means. United States developed data may include track information from the Re-locatable Over the Horizon Radar (ROTHR) system, airborne/shipborne platforms, ground based radars, and potentially other partner nation surveillance systems. This integration effort should enhance Dominican Republic air traffic safety, air surveillance capability, and public safety. ¶4. This agreement is intended to integrate the Air Traffic Control Radar at Santo Domingo, Puerto Plata and Punta Cana, and may be extended to other (future) available radars in the Dominican Republic. The integration/networking equipment may be installed at the radar sites or other locations with access to the data, for example, IDAC or telecom facility. ¶5. The Government of the United States of America through the United States Air Force (USAF) will pay all the expenses related to the installation, maintenance, and removal of the integration equipment that is property of the United States and will retain ownership and maintain all specialized equipment required for this integration. The United States will ensure that United States installed integration equipment will not impact Dominican Republic IDAC systems. Maintenance may include the replacement or upgrade of equipment to improve supportability and capability. ¶6. The Government of Dominican Republic shall provide secure facilities/space where United States integration/networking equipment is to be installed; access to, and cost for, commercial electrical power; and allow access to the integration equipment by United States Government sponsored personnel for maintenance purposes. In addition, the Government of Dominican Republic will continue to be responsible for the operation and maintenance of its radars and integration into their system centers for tracking and control. The Government of the Dominican Republic agrees not to transfer this equipment to third parties who are not signatories to this MOU. ¶7. The U.S. Military Advisor and Assistance Group (MAAG) representative shall coordinate equipment access requirements with the IDAC or other agency prior to gaining access. ¶8. The Government of Dominican Republic shall accord duty-free treatment and exemption for internal taxation upon importation or exportation of products, property, materials, or equipment imported into Dominican Republic by or on behalf of the Government of the United States of America in connection with this project. ¶9. The Governments of the Dominican Republic and the United States of America shall have complete access to the radar data transmitted by the integration and networking equipment whose nature is strictly for illicit air/maritime traffic surveillance; access to said data shall be provided to the Dominican Republic in accordance with the existing CNIES data sharing agreement. Neither party to this agreement will charge the other for use of radar data. ¶10. The financial obligations of the parties under this Memorandum of Understanding shall be subject to the availability of authorized and appropriated funds in accordance with the respective national laws of both countries. ¶11. Nothing in this MOU is intended to conflict with United States or Dominican Republic laws, regulations, directives, or policy. Terms should be interpreted in a manner to ensure consistency with existing authority including CNIES. If a term cannot be interpreted in a manner consistent with existing authorities, that term shall be invalid but the remaining terms shall remain in full force and effect. ¶12. This Memorandum shall enter into effect upon signature by both parties and shall remain in force for a period of ten years which may be extended by mutual consent of the parties. This Memorandum may be terminated by either party any time with a one year prior written notice to the other party at which time integration/networking equipment may be removed. This agreement shall terminate if the basic CNIES agreement no longer remains in effect (unless the basic CNIES agreement is replaced by another agreement). Signed in the city of Santo Domingo, in English and Spanish, both texts being equally valid and authentic. End text. Lambert