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DE RUEHC #8411/01 1971635
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O R 161623Z JUL 07
FM SECSTATE WASHDC
TO RUEHPA/AMEMBASSY PRAIA IMMEDIATE 2123
INFO RHMFISS/JOINT STAFF WASHINGTON DC
RUEKJCS/SECDEF WASHINGTON DC
RHMFISS/CDR USEUCOM VAIHINGEN GE//

UNCLAS SECTION 01 OF 04 STATE 098411 
 
SIPDIS 
 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PGOV PREL MARR CV
SUBJECT: PROPOSED STATUS OF FORCES AGREEMENT WITH THE 
REPUBLIC OF CAPE VERDE 
 
¶1. This is an action request. See paragraphs 4, 5, 6, 8, 
and 9. 
 
¶2. Department of Defense uniformed, civilian, and possibly contractor 
personnel 
will likely visit the Republic of Cape Verde in the near future. 
 
¶3. It is USG policy that DoD personnel should not be put at personal 
risk from 
the application of local law when deployed abroad under orders. 
Obtaining status 
of forces protections for DoD personnel and addressing other 
important matters 
is typically done through an exchange of notes with the host nation. 
The 
exchange of notes results in a binding status of forces agreement. 
Unless the 
terms of the presence of DoD personnel are agreed to beforehand, 
issues relating 
to jurisdiction, entry and exit procedures, carrying weapons 
authorized by 
orders, and other important matters can delay deployment or interfere 
with 
mission accomplishment once forces are on the ground. 
 
¶4. We ask post to convey the importance that the USG places on such 
agreements, 
and ask that post conclude an exchange of notes to cover United 
States DoD 
personnel who may deploy to the Republic of Cape Verde in the future 
to 
participate in mutually agreed activities.  Embassy should propose to 
the 
Government of the Republic of Cape Verde such an exchange of notes, 
using the 
text at paragraph 5. To avoid the exchange of multiple notes, post 
should 
present the note in a draft format and send a final note only after 
reaching 
agreement on the text.  Post may draw upon points in paragraph 6 to 
address host 
nation questions about USG practice with regard to seeking such 
protections. 
 
¶5. Begin text of U.S. 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-Republic of Cape Verde 
companies and 
firms, and their employees who are not nationals of the Republic of 
Cape Verde, 
under contract to the United States Department of Defense) who may be 
temporarily present in the Republic of Cape Verde in connection with 
mutually 
agreed ship visits, training, exercises, humanitarian activities, and 
other 
mutually agreed 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 Republic of Cape Verde 
with 
United States identification and with collective movement or 
individual travel 
orders; that the Republic of Cape Verde shall accept as valid all 
professional 
licenses issued by the United States, its political subdivisions or 
States 
thereof to United States personnel for the provision of services to 
authorized 
 
STATE 00098411  002 OF 004 
 
 
personnel; and that the Republic of Cape Verde 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 Republic of Cape Verde 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 
personnel 
while in the Republic of Cape Verde. 
 
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 Republic of Cape Verde and that the United States 
Department 
of Defense and United States personnel may import into, export out 
of, and use 
in the Republic of Cape Verde 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 Republic of Cape Verde.  The Governments 
of the 
United States of America and the Republic of Cape Verde 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 Republic of Cape Verde. 
 
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 the Republic of Cape Verde, 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 Republic of Cape Verde.  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 Republic of Cape Verde.  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 
Republic of 
Cape Verde 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 the Republic of Cape 
Verde 
without restriction as to choice of contractor, supplier, or person 
who provides 
such materiel, supplies, equipment or services.  Such contracts shall 
be 
 
STATE 00098411  003 OF 004 
 
 
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 Republic of Cape Verde 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 Republic of 
Cape Verde. 
 
The Embassy further proposes that United States contractors shall not 
be liable 
to pay any tax or similar charge assessed within the Republic of Cape 
Verde in 
connection with activities under this Agreement and that such 
contractors may 
import into, export out of, and use in the Republic of Cape Verde 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 Republic of Cape 
Verde. 
 
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 Republic of Cape Verde 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 
Republic of Cape Verde, 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. 
 
STATE 00098411  004 OF 004 
 
 
(Complimentary Closing) 
End text. 
 
¶6.  THE REPLY OF THE GOVERNMENT OF THE REPUBLIC OF CAPE 
VERDE SHOULD READ AS FOLLOWS: 
 
BEGIN TEXT: 
 
(COMPLIMENTARY 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 FURTHER HONOR TO INFORM THE 
EMBASSY OF 
THE UNITED STATES OF AMERICA THAT THE PROPOSALS SET FORTH IN THE 
EMBASSY'S NOTE 
(NUMBER AND DATE) ARE ACCEPTABLE TO THE GOVERNMENT OF THE REPUBLIC OF 
CAPE VERDE 
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 THE DATE 
OF THIS NOTE. 
 
(COMPLIMENTARY CLOSING) 
 
END TEXT. 
 
¶7. The talking points below may be used as appropriate to address 
host nation 
concerns about signing such an agreement. 
 
--  When United States DoD personnel deploy abroad for the purpose of 
conducting 
mutually agreed activities and there is no bilateral agreement 
already in place, 
the USG typically seeks to conclude a bilateral agreement with the 
host country 
regarding the status of United States DoD personnel through an 
exchange of notes 
which address various issues for DoD personnel engaged in the agreed 
activities. 
This is what we are proposing with your government. 
 
-- Such an agreement would enable United States Department of Defense 
personnel 
to participate in activities to which both governments mutually agree 
without 
the need to renegotiate the ground rules each time. 
 
-- The USG exchanges notes of this type with many countries around 
the world. 
 
-- This exchange of notes does not constitute agreement by the 
Government of the 
Republic of Cape Verde to allow deployment of U.S. military personnel 
to the 
Republic of Cape Verde.  It merely sets out the terms that would 
govern the 
presence of U.S. DoD military and civilian personnel in the Republic 
of Cape 
Verde when our governments agree to conduct a particular activity. 
 
¶8. Post is requested to report by cable the delivery of the note. 
Any host 
country proposals for changes to the U.S. text should be referred to 
the 
Department.  State POCs are Deji Okediji, AF/W (202-647-3469), and 
Thomas 
Herold, L/PM (202-647-7563). DoD POC is Phillip Kellogg, OASD/ISA/AFR 
(703-571- 
9393). 
 
¶9.  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 
202-647-1968.  Post 
should follow this up by sending the original Cape Verde note with a 
certified 
copy of the U.S. note to the Department, L/T, room 3526, att: Daphne 
Cook. 
RICE