VZCZCXYZ0002
PP RUEHWEB

DE RUEHC #6170 3142205
ZNR UUUUU ZZH
P R 102159Z NOV 09
FM SECSTATE WASHDC
TO RUEHSP/AMEMBASSY PORT OF SPAIN PRIORITY 0000
INFO RUEKJCS/SECDEF WASHINGTON DC
RHMFISS/JOINT STAFF WASHINGTON DC
RHMFISS/CDR USSOUTHCOM MIAMI FL

UNCLAS STATE 116170 
 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PREL KTIA MARR MOPS TD
SUBJECT: AGREEMENT WITH TRINIDAD AND TOBAGO ON THE STATUS 
OF U.S. FORCES PRESENT IN CONNECTION WITH CY 2010 MUTUALLY 
AGREED ACTIVITIES 
 
¶1. This is an action request.  See paragraphs 2, 5, 6, and 7. 
 
¶2. In 2007, Trinidad and Tobago enacted a visiting forces act 
(VFA), in which designated states, visiting forces and 
civilian component personnel are accorded limited privileges 
and immunities.  The United States is a designated state 
under the VFA through December 31, 2009.   Since we have seen 
no indication that a multiple-year sofa with the government 
of Trinidad and Tobago (GOTT) can be concluded in the short 
term, the United States government wishes to renew the 
designation for 2010 AND to extend the additional protections 
currently afforded by the GOTT.  Post is requested to proceed 
to propose a renewal of the United States designation under 
the VFA. 
 
 
¶3. Begin text of diplomatic note: 
 
(Complimentary Opening)  and has the honor to refer to recent 
discussions between representatives of our two Governments 
regarding issues related to United States military and 
civilian personnel (defined as members of the United States 
Armed Forces and civilian employees of the United States 
Department of Defense, respectively, hereafter referred to 
collectively as United States personnel) and United States 
contractors (defined as non-Trinidad and Tobago companies and 
firms), and their employees who are not nationals of Trinidad 
and Tobago, under contract to the United States Department of 
Defense, who may be temporarily present in Trinidad and 
Tobago in connection with calendar year 2010 mutually agreed 
activities. 
 
As part of these 2010 mutually agreed activities, the Embassy 
proposes that United States personnel may enter and exit 
Trinidad and Tobago with United States identification and 
with collective movement or individual travel orders; that 
Trinidad and Tobago shall accept as valid all professional 
licenses issued by the United States, States thereof or their 
political subdivisions to United States personnel for the 
provision of services to authorized personnel; and that 
Trinidad and Tobago authorities shall accept as valid, 
without a driving test or fee, driving licenses or permits 
issued by the appropriate United States authorities to United 
States personnel for the operation of vehicles. 
 
The Embassy further proposes that United States personnel be 
authorized to wear uniforms while performing official duties 
and to carry arms while on duty if authorized to do so by 
their orders. 
 
The Government of Trinidad and Tobago shall designate the 
United States of America as a &Designated State8 in 
accordance with Section 4 of the Visiting Forces Act, Act No. 
8 of 2007, such designation to expire December 31, 2010. 
 
The Government of Trinidad and Tobago recognizes the 
particular importance of United States Armed Forces, 
maintaining discipline over United States personnel. 
 
The Government of Trinidad and Tobago confirms that under 
Section 5 of the Visiting Forces Act, United States personnel 
are immune from the civil and criminal jurisdiction of 
Trinidad and Tobago in respect of actions taken in the course 
of their official duties. The Government of Trinidad and 
Tobago further confirms that pursuant to Section 7 of the 
Visiting Forces Act, the United States Armed Forces may 
exercise jurisdiction in relation to actions taken by United 
States personnel in the course of official duties. 
 
The Embassy further proposes that, in the exercise of its 
sovereignty, the Government of Trinidad and Tobago waive its 
right to exercise criminal jurisdiction over United States 
personnel for actions not taken in the course of their 
official duties except those cases of particular importance 
to the Republic of Trinidad and Tobago.  If the Government of 
Trinidad and Tobago determines that a case is of particular 
importance, it shall communicate such a determination to the 
United States authorities within fifteen (15) days of the 
discovery of the alleged offense giving rise to such a case. 
If the Government of Trinidad and Tobago does not communicate 
this determination to the United States within fifteen (15) 
days of the discovery of the alleged offense giving rise to 
such a case, the Government of Trinidad and Tobago shall be 
deemed to have waived its right to exercise criminal 
jurisdiction over United States personnel for the alleged 
offense(s).  The United States armed forces may exercise 
jurisdiction over United States personnel in relation to 
those actions not taken in the course of official duties for 
which the government of Trinidad and Tobago waives its right 
to exercise criminal jurisdiction. 
 
The Embassy further proposes that the United States 
Department of Defense and United States personnel shall not 
be liable to pay any tax or similar charge assessed in 
connection with activities under this agreement within 
Trinidad and Tobago, and that the United States Department of 
Defense and United States personnel may import into, export 
out of, and use in Trinidad and Tobago any personal property, 
equipment, supplies, materiel, technology, training, or 
services in connection with activities under this Agreement. 
Such importation, exportation, and use shall be exempt from 
any inspection, license, other restrictions, customs duties, 
taxes, or any other charges assessed within Trinidad and 
Tobago.  The Government of the United States certifies that 
the aforementioned items imported by United States personnel 
shall be for purposes connected to activities under this 
agreement.  The Governments of the United States of America 
and Trinidad and Tobago shall cooperate to take such measures 
as may be necessary to ensure the security and protection of 
United States personnel, property, equipment, records, and 
official information in Trinidad and Tobago. 
 
The Embassy proposes that vessels and vehicles operated by 
or, at the time, exclusively for the United States Department 
of Defense may enter, exit, and move freely within the 
territory of Trinidad and Tobago except for those areas where 
access may be restricted, and that such vehicles (whether 
self-propelled or towed) shall not be subject to the payment 
of overland transit tolls.   Vessels and aircraft owned or 
operated by or, at the time, exclusively for the United 
States Department of Defense shall not be subject to the 
payment of landing, parking, or port fees, pilotage charges, 
lighterage, and harbor dues at facilities owned and operated 
by the Government of Trinidad and Tobago.  Aircraft owned and 
operated by or, at the time, exclusively for the United 
States Department of Defense shall not be subject to payment 
of navigation, overflight, terminal or similar charges when 
in the territory of Trinidad and Tobago.  The United States 
Department of Defense shall pay reasonable charges for 
services requested and received at rates no less favorable 
than those paid by the Armed Forces of Trinidad and Tobago 
less taxes and similar charges.  Aircraft and vessels of the 
United States Government shall be free from boarding and 
inspection. 
 
The Embassy also proposes that the United States Department 
of Defense may contract for any materiel, supplies, 
equipment, and services (including construction) to be 
furnished or undertaken in Trinidad and Tobago without 
restriction as to choice of contractor, supplier, or person 
who provides such materiel, supplies, equipment, or services. 
 Such contracts shall be solicited, awarded, and administered 
in accordance with the laws and regulations of the Government 
of the United States of America.  Acquisition of articles and 
services in Trinidad and Tobago by or on behalf of the United 
States Department of Defense in connection with activities 
under this Agreement shall not be subject to any taxes or 
similar charges in Trinidad and Tobago. 
 
The Embassy further proposes that United States contractors 
shall not be liable to pay any tax or similar charge assessed 
within Trinidad and Tobago in connection with activities 
under this Agreement and that such contractors may import 
into, export out of, and use in Trinidad and Tobago any 
personal property, equipment, supplies, materiel, technology, 
training, or services in fulfillment of contracts with the 
United States Department of Defense in connection with 
activities under this Agreement.  Such importation, 
exportation, and use shall be exempt from any license, other 
restrictions, customs duties, taxes, or any other charges 
assessed within Trinidad and Tobago. 
 
The Embassy proposes that United States contractors shall be 
granted the same treatment as United States personnel with 
respect to professional and drivers, licenses. 
 
The Embassy proposes that United States personnel shall have 
freedom of movement and access to and use of mutually agreed 
transportation, storage, training, and other facilities 
required in connection with activities under this Agreement. 
 
The Government of Trinidad and Tobago recognizes that it may 
be necessary for the United States Armed Forces to use the 
radio spectrum.  The United States Department of Defense 
shall be allowed to operate its own telecommunication systems 
(as telecommunication is defined in the 1992 Constitution and 
Convention of the International Telecommunication Union). 
This shall include the right to utilize such means and 
services as required to ensure full ability to operate 
telecommunication systems, and the right to use all necessary 
radio spectrum as assigned by the relevant Trinidad and 
Tobago authorities for this purpose.  Use of the radio 
spectrum shall be free of cost to the United States 
Government. 
 
Further, the Embassy proposes that the Parties waive any and 
all claims (other than contractual claims) against each other 
for damage to, loss, or destruction of the other's property 
or injury or death to personnel of either Party,s armed 
forces or their civilian personnel arising out of the 
performance of their official duties in connection with 
activities under this Agreement.  Claims by third parties for 
damages or loss caused by United States personnel shall be 
resolved by the United States Government in accordance with 
United States laws and regulations. 
 
Finally, the Embassy proposes further that our two 
governments, or their designated representatives, may enter 
into implementing arrangements to carry out the provisions of 
this Agreement. 
 
If the foregoing is acceptable to the Government of Trinidad 
and Tobago, the Embassy proposes that this note, together 
with the Ministry's reply to that effect, shall constitute an 
agreement between the two Governments, which shall enter into 
force on the date of the Ministry's reply. 
 
End text of diplomatic note. 
 
¶4. (U) The reply of the Government of Trinidad and Tobago 
should read as follows: 
 
Begin diplomatic note text: 
 
(Complementary 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 Affairs 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 Trinidad and Tobago and to confirm that the 
Embassy,s and to confirm that the Embassy,s note and this 
note shall constitute an agreement between the two 
governments, which shall enter into force upon receipt of 
this note. 
 
End note text. 
 
¶5. Embassy is requested to inform Washington by front channel 
cable of the delivery of the draft note to MFA and MOD 
officials and relay the comments of their interlocutors. 
Additionally, post is requested to provide periodic updates 
on the status of the draft VFA with host nation officials. 
 
¶6. Any host country proposals for changes to the U.S. text 
should be referred to the department.  State POC,s are: 
Karen Jo McIsaac, WHA/CAR, 202-647-4384, and CDR Marc Guarin, 
L/PM, 202-647-7563.  DOD POC,s: are Walter Earle, OSD/WHA, 
703-697-3327, and Ashley Richardson, 703-697-3514. 
 
¶7. Upon conclusion of the exchange of notes, embassy should 
report the agreement by cable and fax a copy of the notes to 
L/T at 202-647-9844.  Post should follow this up by sending 
the original Trinidad and Tobago note with a certified copy 
of the U.S. note to the department, L/T, room 5420, ATT: 
Daphne Cook. 
CLINTON