VZCZCXYZ0010
PP RUEHWEB

DE RUEHKG #0614/01 0862123
ZNR UUUUU ZZH
P 272123Z MAR 06
FM AMEMBASSY KINGSTON
TO SECSTATE WASHDC PRIORITY 2502

UNCLAS KINGSTON 000614 
 
SIPDIS 
 
SIPDIS 
 
STATE FOR L/PM (TMITCHELL), WHA/CAR (WBENT) 
DEPARTMENT PLEASE ALSO PASS TO PENTAGON FOR OSD/ISA/WHA 
(MMACMURRAY) 
 
E.O. 12958: N/A 
TAGS: MARR MOPS PREL KTIA JM
SUBJECT: JAMAICAN GOVERNMENT AGREES TO STATUS OF FORCES 
AGREEMENT FOR TRADEWINDS 
 
REF: A. SECSTATE 20960 
 
     ¶B. GOERTZ/BENT 3/07 FAX 
     ¶C. FADDIS/SOUTHCOM 3/07 FAX 
     ¶D. MITCHELL/BENT 3/16 E-MAIL 
     ¶E. FRENCH/MITCHELL 3/23 E-MAIL 
 
¶1. Late on March 20, Embassy Kingston received Diplomatic 
Note 358/803/3 from the Government of Jamaica accepting the 
amended Status of Forces Agreement (SOFA) for the Tradewinds 
exercise in response to our Diplomatic Note 085/06 dated 
March 17, accepting the Government of Jamaica's proposed 
amendments to the SOFA. 
 
¶2. Post sent the text of the Diplomatic Note 358/803/3 to 
Theresa Mitchell and Daphne Cook in L via e-mail (Ref E). 
Post sent the original Diplomatic Note 358/803/3 from the 
Government of Jamaica and certified copies of the prior, 
related Diplomatic Notes to Daphne Cook via Registered 
Diplomatic Pouch (5032063). 
 
¶3. Text of the diplomatic note is as follows: 
 
 
Begin text: 
 
 
The Ministry of Foreign Affairs and Foreign Trade presents 
its compliments to the Embassy of the United States of 
America and has the honour to refer to the latter,s Note No. 
051/06 dated 17th February 2006, which transmitted the text 
of an agreement on additional privileges and immunities which 
would apply to the United States military and civilian 
personnel of the United States Department of Defense 
(collectively referred to as United States personnel) who may 
be present in Jamaica in connection with Exercise Tradewinds 
2006 (25th March ) 7th April), hereafter referred to as the 
agreed activities. The privileges and immunities are 
additional to those provided to the visiting force of a 
designated state under the Visiting Forces Act 1975. 
 
The Ministry agrees that the Embassy,s Note and the 
Ministry,s reply as follows shall constitute an agreement: 
 
The Government of Jamaica agrees that United States personnel 
may enter and exit Jamaica with United States identification 
and with collective movement or individual travel orders and 
such personnel shall be authorized to wear uniforms while 
performing official duties. United States personnel may 
deploy with all authorized unit and individual equipment and 
shall be permitted to carry weapons when their orders call 
for it. 
 
The Government of Jamaica agrees that if Jamaican authorities 
detain any United States personnel, the Jamaican authorities 
shall immediately notify the Embassy in Jamaica.  Jamaican 
and United States military police investigators shall 
cooperate in the investigation of any crime believed to have 
been committed by or against United States personnel.  It 
shall be the responsibility of United States personnel to 
respect the laws of   Jamaica and to abstain from any 
activity inconsistent with the spirit of this agreement. 
Authorities of the Government of the United States of America 
shall take necessary measures to that end. 
 
The Government of Jamaica acknowledges that it will exempt 
from inspection and taxation on products, services, property, 
material, equipment, vehicles, vessels and aircraft imported 
into, acquired in, or exported from Jamaica by or on behalf 
of the United States Government or United States personnel in 
connection with agreed activities; and that the parties shall 
cooperate in taking such steps as shall be necessary to the 
security of United States personnel and property in Jamaica. 
 
The Government of Jamaica further agrees that title to United 
States Government property (such as equipment, material, 
supplies, and other property) imported into or acquired in 
Jamaica by or on behalf of the United States armed forces in 
connection with agreed activities shall remain with the 
United States government, which may remove such property from 
Jamaica at any time, free from export duties, taxes, and 
other charges. The exemption provided in this paragraph shall 
also extend to any duty, tax or other charge that is assessed 
upon such property after importation into or acquisition in 
Jamaica. Such property may be removed from Jamaica, or 
disposed of therein, provided that disposition of such 
property in Jamaica to persons or entities not entitled to 
exemption from applicable taxes or duties shall be subject to 
payment of such taxes and duties by such persons or entities. 
Baggage, personal effects, and other property for the 
personal use of United States personnel present in Jamaica in 
connection with agreed activities may be imported into and 
exported from Jamaica free of all inspections. 
 
The Government of Jamaica further accepts that vehicles, 
vessels, and aircraft owned or operated by or for the United 
States armed forces present in Jamaica in connection with 
agreed activities shall not be subject to the payment of 
landing or port fees, pilotage charges, navigation, 
overflight or parking charges, or lighterage or harbour dues 
while in Jamaica; however, the United States armed forces 
shall pay reasonable charges for services requested and 
received.  Maintenance, control, and security of equipment 
are the responsibility of the United States Government. 
Jamaican authorities shall accept as valid, without a driving 
fee or test, driving licenses or permits issued by the 
appropriate United States authorities to United States 
personnel for the operation of vehicles.  United States 
personnel in Jamaica shall enjoy freedom of movement and 
shall be enabled to undertake those activities deemed 
necessary for the performance of their mission.  Vehicles 
owned by the United States need not be registered, but shall 
have appropriate identification markings. 
 
The Government of Jamaica shall accept as valid professional 
licenses issued by the appropriate United States Government 
authorities to United States personnel. 
 
The Government of Jamaica shall accept full responsibility 
for, and shall hold the United States Government harmless 
from, any and all claims arising from the use of projects 
constructed, or in the process of being constructed in whole 
or in part, during exercise or other agreed activities of 
United States personnel present in Jamaica pursuant to the 
terms of this agreement. 
 
The Government of Jamaica agrees with the Embassy that both 
governments shall waive any and all claims (other than 
contractual claims) against each other for personal injury to 
or death of their military or civilian personnel, or for 
damage, loss, or destruction of the other,s property arising 
out of the activities covered by this agreement.  The United 
States Government shall pay, in accordance with United States 
law, fair and reasonable compensation in settlement of 
meritorious claims by third parties arising out of acts 
or omissions of United States personnel or which are 
otherwise incident to agreed activities of the United States 
armed forces under this agreement. 
 
The Government of Jamaica accepts that the United States 
armed forces and United States personnel present in Jamaica 
in connection with agreed activities may use water, 
electricity, and other public utilities and facilities on 
terms and conditions, including rates and charges no less 
favourable than those available to the Jamaican armed forces, 
in like circumstances, unless otherwise agreed.  The 
Government of Jamaica shall, upon request, assist United 
States authorities in obtaining water, electricity, and other 
public utilities and facilities. 
 
Jamaican authorities shall permit the United States armed 
forces and United States personnel present in Jamaica in 
connection with agreed activities to use radio communications 
for the conduct of the official duties of the United States 
personnel.  The responsible Jamaican authorities shall notify 
the United States armed forces of the radio frequencies to be 
used for local and international official duties. 
 
The Government of Jamaica acknowledges that in the event that 
agreed activities involve the use of contractors, the United 
States government may award contracts for the acquisition of 
articles and services, in accordance with its laws and 
regulations.  The United States government shall have the 
right to choose such contractors, and United States 
contractors and their employees who are not normally resident 
in Jamaica shall be accorded the same privileges as United 
States armed forces and civilian personnel with regard to the 
export, import, and acquisition of goods and equipment for 
official use. 
 
Additional arrangements as may be necessary may be entered 
into by the appropriate authorities of the two governments. 
 
If the foregoing is acceptable to the Embassy of the United 
States, the Government of Jamaica agrees that the Embassy,s 
Note No 085/06 of March 17, 2006 and this Note in reply shall 
constitute an agreement between the two governments, which 
shall enter into force on the date of the Ministry,s reply. 
 
The Ministry of Foreign Affairs and Foreign Trade avails 
itself of this opportunity to renew to the Embassy of United 
States of America the assurances of its highest consideration. 
 
Embassy of United States of America 
KINGSTON 
20th March 2006 
 
End text. 
JOHNSON