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UNCLAS QUITO 002299 
 
SIPDIS 
 
SIPDIS 
SENSITIVE 
 
E.O. 12958: N/A 
TAGS: PREL MASS MARR EC
SUBJECT: ECUADOR'S PROPOSED REVISIONS TO SECURITY 
COOPERATION DIPLOMATIC NOTE 
 
REF: A. SECSTATE 132344 
 
     ¶B. QUITO 2064 
 
¶1. (U) Action Request - See Paragraph 7. 
 
¶2. (SBU) SUMMARY: Following internal meetings between 
Ecuador,s MFA and MOD, Post has received a response to 
Embassy,s diplomatic note on FY08 security cooperation 
containing several proposed revisions.  The MFA clearly 
communicated the desire to continue military cooperation but 
said the 1997 diplomatic note required updating in some 
sections for greater clarity.  Post requests Washington,s 
review of the GOE text and instructions on how Post should 
respond.  With all FY 08 military training/activities on hold 
until this is resolved, this is an urgent request.  END 
SUMMARY. 
 
 
¶3. (U) Post delivered Ref A diplomatic note on FY08 security 
cooperation to the Ministry of Foreign Affairs via official 
channel on September 20 and hand delivered a courtesy copy on 
the same day to Bolivar Torres, Director General of 
Sovereignty at the Ministry of Foreign Affairs.  The 
September 20 diplomatic note referenced Diplomatic Note No. 
065/97 of October 8, 1997, that provides protection for U.S. 
armed forces personnel.  Since then, Post has been in 
constant contact with the Ministries of Foreign Affairs and 
Defense to monitor progress on providing a response. A 
ten-day UNGA-linked foreign trip delayed senior attention, 
but Foreign Minister Espinosa and Minister of Defense met on 
October 8 to discuss the issue. 
 
¶4. (SBU) On October 9, PolChief, MilGroup Commander, and 
PolOff met with MFA Under Secretary of Sovereignty Jaime 
Barberis to hear the GOE reaction.  The focus was the 
language of the 1997 diplomatic note.  Barberis emphasized 
that the GOE is very interested in continuing military 
cooperation and exercises and appreciates their value in 
fighting the common threat of narcotics trafficking.  He said 
the 1997 diplomatic note required updating for greater 
clarity and to align with the Correa Administration's 
position.  Barberis expressed regret that there was not 
sufficient time to complete the exchange of notes before the 
new U.S. fiscal year began.  He added that military-related 
issues receive high visibility under the current 
administration and thus the Foreign Ministry has given this 
issue priority for analysis.  Barberis stated that the FY08 
calendar of activities is acceptable to the GOE, but that in 
future years, the GOE wanted more time to analyze the 
proposed activities to ensure that each exercise is in 
Ecuador's best interest, thus the addition of a new Article 3 
providing additional time for analysis. 
 
¶5. (U) Under Secretary Barberis provided a document with the 
GOE's desired changes to the Embassy's Diplomatic Note No. 
065/97 of October 8, 1997.  He stated that the MFA will 
deliver a diplomatic note on October 10 that will contain the 
same text.  Post has faxed the document (in Spanish) to 
WHA/AND and provides unofficial translation in paragraph 8. 
 
¶6. (SBU) In our initial review, Post noted substantive 
changes or additions to Articles 3, 6, 7, 8, 9, 10 and 14 of 
the Ecuadorian document.  None appear to be unworkable, but 
some will clearly need some change or clarification. 
-- SUBJECT MATTER: Article 3 requiring earlier coordination 
on the schedule of military cooperation activities is 
completely new, and our understanding is that the amount of 
time requested is negotiable, but that the GOE wants 
sufficient time to review and approve the contents of the 
exercise calendar.  Post can engage the GOE six months prior 
to the new calendar year regarding a notional calendar with 
the goal of having a calendar approved within the first nine 
months of the preceding year.  Post is concerned that 
additional changes and exercises may become available after 
the official approval of the calendar, and that the time 
involved in resubmission for approval and exchange of notes 
may invalidate the possibility of such changes and 
opportunities.  Therefore, Post proposes additional language 
that subsequent changes to a GOE approved calendar NOT 
require an additional exchange of diplomatic notes, but 
rather could be handled through official communication at the 
 
military-to-military level. 
-- WEARING UNIFORMS: Article 6 adds a phrase at the end of 
the sentence limiting the location of use of military uniform 
to areas of the exercises.  Post understands that the GOE is 
attempting to limit the visibility of foreign military 
presence within Ecuador.  Post suggests that the phrase by 
modified, adding language to specify that it refers to 
personnel &subject to this agreement8 and within &and in 
transit to and from8 the assigned area. 
-- DRIVERS LICENSING: Article 7 has been renamed.  During a 
follow-up telephone discussion with the MFA, Patricio Troya 
of the Directorate of Sovereignty confirmed that the omission 
of the second paragraph of the original note, regarding the 
acceptance of medical licenses and credentials, was an error 
by the MFA, and that the second paragraph will be included in 
the official diplomatic note.  Therefore, Post proposes that 
the title of the Article be changed back to the original: 
&LICENSING8. 
-- FREEDOM OF MOVEMENT: Article 8 is completely rewritten. 
Under Secretary Barberis verbally confirmed that transit for 
logistical purposes would also be covered under Freedom of 
Movement.  Post believes the GOE language would need to be 
broadened to include exercise-linked logistical activities 
and transit to and from exercises. 
-- STATUS OF PERSONNEL: Article 9 adds a sentence referencing 
the Vienna Convention at the end of the first and second 
paragraphs, similar to language used in the Manta FOL 
agreement of November 19, 1997, under Article VII. 
-- CLAIMS: Article 10 has been rewritten, adding language 
referring to coordination with Ecuadorian authorities and 
specifying that Ecuador will assume responsibility provided 
that these projects have been previously approved by the 
Government of Ecuador. 
-- SECURITY: Article 14 omits original text and adds new 
text.  Post suggests in paragraph two, at the end of the 
first and third sentences, that additional language be added: 
&, and in transit to and from the exercise area8. 
Additionally, Post suggests that each reference to &United 
States personnel8 in this article include additional 
clarifying text to specify that the restriction in carrying 
arms is for personnel &subject to this agreement", or other 
such appropriate language so that it does not prohibit other 
USG personnel in country from carrying arms, as appropriate 
to their duties and in conformity with host country 
regulations. 
 
¶7. (SBU) ACTION REQUEST:  Post requests Washington review of 
the GOE text and instructions on how we should respond. 
 
¶8. (U) Begin text of post's unofficial translation of GOE 
document. 
 
ARTICLE I:  PURPOSE 
 
The parties shall jointly participate in the Exercises 
scheduled to take place in Ecuador between    October 2007 
and 30 September 2008.  In connection with the Exercises, 
United States Armed Forces will deploy to Ecuador to perform 
training, medical, and engineering and constructions projects. 
 
ARTICLE II:  DEFINITIONS 
 
As used in this agreement, "United States personnel" shall 
mean military and civilian personnel of the United States 
Armed Forces temporarily present in Ecuador in connection 
with the Exercises. 
 
ARTICLE III:  SUBJECT MATTER 
 
The Exercises scheduled in this agreement, such as the 
timeline, must be prepared and agreed upon by both Parties, 
and specify that the timeline of Exercises to be executed the 
following year must be approved within the first six months 
of the preceding year. 
 
ARTICLE IV:  RESPECT FOR LAW 
 
It shall be the responsibility of the United States personnel 
to respect the laws of Ecuador and to abstain from any 
activity inconsistent with the spirit of this Agreement. 
Authorities of the Government of the United States of America 
 
will take necessary measures to that end. 
 
ARTICLE V:  ENTRY AND EXIT 
 
United States personnel may enter and exit Ecuador with 
United States Government identification and with collective 
or individual travel orders.  Passports and visas will not be 
required.  The Embassy of the United States in Quito will 
notify the Government of Ecuador with the appropriate 
timeliness the list of names and dates of arrival and/or 
departure of the personnel assigned to these exercises. 
 
ARTICLE VI:  WEARING UNIFORMS 
 
United States personnel may wear their uniforms while 
performing official duties in Ecuador and within the assigned 
area for the execution of the Exercises scheduled in this 
Agreement. 
 
ARTICLE VII:  DRIVERS LICENSING 
 
Ecuadorian authorities shall accept as valid, without a 
driving test or fee, a driving permit or license issued by 
the appropriate United States authority to United States 
personnel for the operation of military of official vehicles. 
 Vehicles owned by the United States need not be registered, 
but shall have appropriate identification markings. 
 
(Omitted from new text, but verbally confirmed to be included 
in diplomatic note) The Government of Ecuador shall accept as 
valid medical credentials and licenses issued to United 
States personnel by appropriate United States authorities. 
 
ARTICLE VIII:  FREEDOM OF MOVEMENT 
 
United States personnel in Ecuador shall enjoy freedom of 
movement within the designated Exercise area and the right to 
undertake those activities deemed necessary for the 
performance of their mission, said activities must be 
evaluated and approved by the Government of Ecuador.  United 
States personnel transiting outside the designated Exercise 
area will be subject to Ecuadorian law under the same 
conditions as accorded to administrative and technical staff 
assigned to the United States Embassy in accordance with the 
1961 Vienna Convention for Diplomatic Relations. 
 
ARTICLE IX:  STATUS OF PERSONNEL 
 
The Government of Ecuador shall accord to United States 
personnel in Ecuador in connection with these Exercises, 
status equivalent to that provided to the administrative and 
technical staff of the United States in accordance with the 
1961 Vienna Convention for Diplomatic Relations.  United 
States personnel will be subject to Ecuadorian civilian and 
administrative authorities for acts committed outside the 
performance of their mission. 
 
Notwithstanding this article, if it becomes necessary for 
Ecuadorian authorities to temporarily detain any United 
States personnel, the Ecuadorian authorities shall 
immediately notify the Embassy of the United States of 
America in Ecuador, and coordinate for their return to United 
States control.  The nature of this paragraph does not affect 
the submission of United States personnel to the civil and 
administrative laws as expressed in the preceding paragraph. 
 
Ecuadorian authorities and United States military police 
investigators shall cooperate in the investigation of any 
crimes believed to be committed by or against United States 
personnel. 
 
ARTICLE X:  CLAIMS 
 
Both Parties shall waive any and all claims against each 
other for damage, loss, or destruction of the other's 
property arising from activities to which this Agreement 
applies. 
 
With respect to claims against the United States other than 
contractual claims and those waived pursuant to this Article, 
the Government of the United States of America shall pay 
 
just, fair, and reasonable compensation in settlement of 
meritorious claims arising out of the acts or omissions of 
United States personnel or which are otherwise incident to 
the Exercise activities of the United States Armed Forces. 
These claims shall be expeditiously processed and settled by 
United States authorities in accordance with United States 
laws in coordination with the appropriate Ecuadorian 
authorities. 
 
The Government of Ecuador will grant the ability for the 
successful execution of operations related to the Exercises 
as agreed upon, as well as assume responsibility for the 
costs of those claims arising from the use of land or other 
property interest by the Armed Forces of Ecuador and the 
United States for this purpose. 
 
Expenses incurred from the resolution of claims provided for 
in this Agreement will be the borne by the responsible party, 
except for those provided for in the preceding paragraph. 
 
The Government of Ecuador shall accept full responsibility 
for any claims arising from the use of projects constructed 
in whole or in part, during these Exercises, provided that 
these projects have been previously approved by the 
Government of Ecuador. 
 
ARTICLE XI:  IMPORT AND EXPORT 
 
United States Government property imported into or acquired 
in Ecuador by or on behalf of the United States Armed Forces 
in connection with these Exercises, shall be free of all 
Ecuadorian inspections, duties, taxes, and other charges. 
Title to such property shall remain with the Government of 
the United States of America which may remove such property 
from Ecuador at any time, free from export duties, taxes, or 
other charges which would otherwise be assessed upon such 
property after importation into, or acquisition in, Ecuador. 
Such property may be removed from Ecuador, or disposed of 
therein provided that disposition of such property in Ecuador 
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 person or entities. 
 
Personal property of United States personnel may be imported 
into and used in Ecuador free of all inspection, duties, 
taxes, and other charges during the period of time the 
owner's services in Ecuador.  Such property shall normally be 
exported or transferred to other United States personnel. 
The transfer of such property to persons or entities in 
Ecuador who are not exempt from importation duties and 
restrictions can be made only under terms and conditions, 
including payment of applicable duties and taxes, imposed by 
the Government of Ecuador.  The exportation of such property 
and of property acquired in Ecuador by United States 
personnel for personal use shall be free of all Ecuadorian 
duties, taxes, and other charges. 
 
ARTICLE XII:  PUBLIC UTILITIES 
 
The United States Armed Forces and United States personnel 
may use water, electricity, and other public utilities and 
facilities on terms and conditions, including rates or 
charges, no less favorable than those available to the 
Ecuadorian Armed Forces in like circumstances, unless 
otherwise agreed.  The Government of Ecuador shall, upon 
request, assist United States authorities in obtaining water, 
electricity, and other public utilities and facilities. 
 
Ecuadorian authorities shall permit the United States Armed 
Forces to use radio communications for the conduct of the 
official duties of United States personnel.  The Government 
of Ecuador shall notify the United States Armed Forces of the 
radio frequencies for local and international official 
communication to be used for this purpose.  Ecuadorian 
authorities shall permit United States personnel to use 
United States Armed Forces organic communications systems for 
their official duties. 
 
ARTICLE XIII:  USE OF TRANSPORTATION FACILITIES 
 
Vehicles, vessels, and aircraft operated by the United States 
 
Armed Forces shall not be subject to the payment of landing 
or port fees, pilotage, navigation or over flight charges, or 
tolls or other use charges, including light and harbor dues 
while in Ecuador.  Aircraft operated by or for the United 
States Armed Forces shall observe local air traffic control 
regulations while in Ecuador.  Vessels owned or operated by 
the United States Armed Forces shall not be subject to 
compulsory pilotage at Ecuadorian ports. 
 
ARTICLE XIV:  SECURITY 
 
The parties shall cooperate in taking such steps as may be 
necessary to ensure the security of United States personnel 
and property in Ecuador pursuant to this Agreement. 
 
Security personnel from the United States participating in 
these Exercises are authorized to carry weapons during the 
execution of their official duties and within the designated 
Exercise area.  No other United States personnel is 
authorized to carry weapons during their stay in Ecuadorian 
territory, except if the nature of the exercise deems 
otherwise.  In this case, Ecuadorian authorities will 
authorize United States personnel to carry weapons within the 
designated Exercise area.  United States authorities must 
present a list of weapons that will enter Ecuador in order to 
be approved by Ecuadorian military authorities.  The list 
will include a description of the weapons, along with the 
name of the person to whom the weapons is assigned.  No other 
weapon other than that approved by Ecuadorian authorities 
will be permitted nor will any other United States personnel 
be allowed to carry weapons or munitions other than those 
already approved. 
 
ARTICLE XV:  IMPLEMENTATION 
 
Arrangements to implement this Agreement shall be entered 
into by appropriate authorities of the Parties as required. 
 
Any differences regarding the interpretation or application 
of this Agreement shall be resolved by consultation between 
the Parties. 
 
End text of unofficial translation of Ecuadorian document. 
JEWELL