VZCZCXRO3813
PP RUEHFL RUEHKW RUEHLA RUEHROV RUEHSR
DE RUEHSF #0454/01 0870819
ZNY CCCCC ZZH
P 280819Z MAR 06
FM AMEMBASSY SOFIA
TO RUEHC/SECSTATE WASHDC PRIORITY 1672
INFO RUEHZL/EUROPEAN POLITICAL COLLECTIVE PRIORITY
RUEKJCS/SECDEF WASHINGTON DC PRIORITY
RUEKJCS/JOINT STAFF WASHINGTON DC PRIORITY
RHEHNSC/NSC WASHINGTON DC PRIORITY
RHMFISS/CDR USEUCOM VAIHINGEN GE PRIORITY

C O N F I D E N T I A L SECTION 01 OF 02 SOFIA 000454 
 
SIPDIS 
 
SIPDIS 
 
STATE FOR EUR AND PM - AMBASSADOR LOFTIS 
 
E.O. 12958: DECL: 03/28/2016 
TAGS: MARR PGOV PREL KPAO BU
SUBJECT: BULGARIA: NEGOTIATING TEAMS AGREE ON BASING TEXT 
 
REF: SOFIA 0121 
 
Classified By: Ambassador John Beyrle for reasons 1.4 a and d. 
 
¶1. (C) SUMMARY.  An interagency negotiating team led by 
PM/SNA Senior Advisor Ambassador Robert Loftis reached 
agreement "ad referendum" with the GOB on all articles of the 
Defense Cooperation Agreement March 23.  The U.S. team 
preserved USG red lines in all areas including freedom of 
action (or operational flexibility) and criminal 
jurisdiction.  The issue of nuclear weapons is not mentioned 
in the agreement, but will be addressed in an unclassified 
exchange of side letters referring to the NATO-Russia 
Founding Act.  Both sides hope to be ready for a signing 
ceremony at the informal NATO ministerial in Sofia April 
27-28.  To achieve this, the English and Bulgarian texts must 
be conformed in time for approval by the Council of Ministers 
at its weekly meeting on April 20.  END SUMMARY. 
 
¶2. (C) During the March 22-23 negotiating session in Sofia, 
the U.S. and Bulgarian delegations agreed on the text of a 
combined supplemental Status of Forces Agreement (SOFA) and 
Defense Cooperation Agreement (DCA), referred to as the 
"Agreement Between the Government of the United States of 
America and the Government of the Republic of Bulgaria on 
Defense Cooperation."  In addition to the provisions already 
settled in previous rounds (reftel), agreement was reached on 
the following articles: 
 
IV. Use of Facilities and Areas: This is the core of the 
agreement, giving the United States access to agreed 
Bulgarian military facilities.  The Article notes that 
military activities will be undertaken "with consultation and 
consideration of the views of both Parties."  The Article 
does not/not commit the United States to prior consultations 
or give the Bulgarians the right of veto over U.S. action. 
 
¶V.  Prepositioning of Defense Equipment, Supplies and 
Materiel: Bulgaria had wanted to explicitly address the 
non-stationing of nuclear weapons in the text of the 
agreement, but agreed to an exchange of letters to adress 
the issue.  (See paragraph 4). 
 
IX. Movemnt of Aircraft, Vessels and Vehicles: United State 
military aircraft will not/not be required to py overflight 
or navigation fees or landing/parkin fees at government 
airports, and United States essels will not be required to 
pay harbor dues, ilotage fees, lighterage charges, etc., at 
military ports. 
 
¶X.  Criminal Jurisdiction: Bulgaria agrees to waive its 
primary right to exercise jurisdiction under the NATO SOFA 
over members of the U.S. force alleged to have committed a 
crime not arising out of their official duty, while reserving 
the right to recall the waiver in specific cases of 
particular importance to the GOB.  This provision is similar 
to those in supplemental SOFA agreements with many other NATO 
and PfP allies. 
 
XXXII. Labor 
 
¶3. (SBU) A team of U.S. experts visited Sofia March 21 to 
hold technical discussions with their Bulgarian counterparts 
on labor issues.  This visit was helpful in focusing 
negotiations that resulted in agreed text on prohibiting 
strikes by local civilian employees of U.S. forces and 
preserving the right of U.S. forces to terminate local 
employees' employment in accordance with U.S. military 
requirements.  The negotiated text also provides that 
procedures related to the employment of local national 
employees will be developed by a Joint Subcommittee on labor 
matters taking into account applicable Bulgarian and United 
States laws and regulations. 
 
¶4. (C) Nuclear weapons are not mentioned in the DCA, however, 
in response to a GOB request, both sides agreed to address 
the issue in an unclassified exchange of letters noting the 
language of the NATO-Russia Founding Act. 
 
¶5. (SBU) During this session, both sides agreed to work 
quickly to conform the English and Bulgarian versions of the 
DCA in preparation for a signing ceremony at the informal 
NATO ministerial in Sofia April 27-28.  In order to 
accomplish this, the texts must be conformed and in final 
form for approval by the Council of Ministers at its weekly 
meeting on April 20.  After signing, the agreement must be 
ratified by Bulgaria's parliament.  The agreement makes 
 
SOFIA 00000454  002 OF 002 
 
 
specific references to thirteen implementing arrangements, 
which will be tasked to EUCOM to draft and negotiate. 
 
¶6. (C) COMMENT.  This agreement, while not yet approved by 
the Council of Ministers or ratified by Bulgaria's 
parliament, demonstrates the GOB's desire to deepen 
Bulgaria's strategic partnership with the United States.  Now 
that text has been agreed upon, senior GOB officials appear 
ready to launch a public affairs campaign in favor of the 
agreement.  Ambassador Beyrle and Bulgarian negotiator 
Ambassador Ivanov held a joint press conference March 24 to 
formally announce agreement on the text.  Journalists focused 
on the expected issues of freedom of movement, criminal 
jurisdiction, and economic benefits.  The Embassy and MFA 
have agreed on a standard set of talking points to address 
these issues.  Such efforts, coordinated with our ongoing 
public diplomacy campaign, hold the promise of increasing 
public support and dispelling widely-held misperceptions 
surrounding the future U.S. military presence in Bulgaria. 
END COMMENT. 
 
¶7. (U) Ambassador Loftis has cleared this message. 
Beyrle