VZCZCXRO0637
OO RUEHGI
DE RUEHC #5451/01 3421652
ZNR UUUUU ZZH
O 081650Z DEC 09
FM SECSTATE WASHDC
TO RUEHGI/AMEMBASSY BANGUI IMMEDIATE 1509
INFO RHMFISS/JOINT STAFF WASHINGTON DC IMMEDIATE
RUEKJCS/SECDEF WASHINGTON DC IMMEDIATE

UNCLAS SECTION 01 OF 03 STATE 125451 
 
SENSITIVE 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: KTIA MARR MOPS PREL US
SUBJECT: STATUS OF FORCES AGREEMENT WITH THE CENTRAL 
AFRICAN REPUBLIC 
 
¶1.  THIS IS AN ACTION REQUEST.  SEE PARAGRAPHS 2, 5, AND 6. 
 
¶2.  DOD has asked the Department to secure status protections 
for U.S. DOD military and civilian personnel who will be 
present in the CAR in conjunction with engineering related 
cooperation activities, medical assessments, humanitarian 
related initiatives and munitions management cooperative 
efforts (Defense Threat Reduction Agency, DTRA).  Assessment, 
training, and other cooperative engagements will occur in 
conjunction with host nation authorities.  Post is requested 
to immediately propose to the Government of the Central 
African Republic an exchange of diplomatic notes for this 
purpose, using the text in 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 an agreement on the text. 
 
¶3.  BEGIN TEXT OF DRAFT 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-Central African Republic 
companies and firms, and their employees who are not 
nationals of the Central African Republic, under contract to 
the United States Department of Defense) who may be 
temporarily present in the Central African Republic in 
connection with mutually agreed activities including, for 
example, ship visits, training, exercises, and humanitarian 
activities. 
 
As a result of these discussions, the Embassy proposes that 
United States personnel be accorded the privileges, 
exemptions, and immunities equivalent to those accorded to 
the administrative and technical staff of a diplomatic 
mission under the Vienna Convention on Diplomatic Relations 
of April 18, 1961; that United States personnel may enter and 
exit the Central African Republic with United States 
identification and with collective movement or individual 
travel orders; that the Central African Republic 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 the Central African Republic 
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 the Central African Republic recognizes the 
particular importance of disciplinary control by United 
States Armed Forces authorities over United States personnel 
and, therefore, authorizes the Government of the United 
States to exercise criminal jurisdiction over United States 
military personnel while in the Central African Republic. 
 
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 within 
the Central African Republic and that the United States 
Department of Defense and United States personnel may import 
into, export out of, and use in the Central African Republic 
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 the Central African Republic. 
The Governments of the United States of America and the 
Central African Republic 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 the Central African 
Republic. 
 
The Embassy proposes that vessels and vehicles operated by 
or, at the time, exclusively for the United States Department 
 
STATE 00125451  002 OF 003 
 
 
of Defense may enter, exit, and move freely within the 
territory of the Central African Republic, 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 the 
Central African Republic.  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 the Central African Republic.  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 the Central African 
Republic 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 Central African Republic 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 the Central African 
Republic 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 the 
Central African Republic. 
 
The Embassy further proposes that United States contractors 
shall not be liable to pay any tax or similar charge assessed 
within the Central African Republic in connection with 
activities under this Agreement and that such contractors may 
import into, export out of, and use in the Central African 
Republic 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 the Central African Republic. 
 
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 the Central African Republic 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 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 the 
Central African Republic, the Embassy proposes that this 
 
STATE 00125451  003 OF 003 
 
 
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. 
 
(Complimentary Closing) 
 
END TEXT. 
 
¶4.  (U) The suggested reply of the Government of the Central 
African Republic should read as follows: 
 
BEGIN 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 Relations has the honor to inform the 
Embassy of the United States of American that the proposals 
set forth in the Embassy,s note are acceptable to the 
Government of the Central African Republic 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 date of this note. 
 
END TEXT. 
 
¶5.  (U) ANY HOST COUNTRY PROPOSAL FOR CHANGES TO THE U.S. 
TEXT SHOULD BE REFERRED TO THE DEPARTMENT.  STATE POCS ARE 
GENEVIEVE MCKEEL, AF/C, 202-647-2973, OR CDR MARC GUARIN, 
L/PM, 202-647-7563.  THE DEPARTMENT OF DEFENSE POCS ARE LT 
COL STEVE HUGHES, OSD-P/ISA/AFR, 703-571-9426, AND ANDREW 
MUELLER, OSD-P/SPF/INTL AGREEMENTS, 703-692-3902. 
 
¶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). 
CLINTON