VZCZCXYZ0000
PP RUEHWEB

DE RUEHLP #3068/01 3242124
ZNR UUUUU ZZH
P 202124Z NOV 07
FM AMEMBASSY LA PAZ
TO RUEHC/SECSTATE WASHDC PRIORITY 5712
INFO RUEKJCS/SECDEF WASHINGTON DC
RUMIAAA/USCINCSO MIAMI FL
RHMFIUU/HQ USSOUTHCOM MIAMI FL

UNCLAS LA PAZ 003068 
 
SIPDIS 
 
SIPDIS 
 
STATE PM/ISO 
STATE WHA/AND FOR SHELBY SMITH-WILSON 
STATE L/PM FOR THOMAS HEROLD 
DOD HD/WHA FOR WALTER EARLE 
 
 
E.O. 12958: N/A 
TAGS: KTIA MARR MOPS PM PREL BL
SUBJECT: 2008 AGREEMENT WITH BOLIVIA ON STATUS OF FORCES 
 
REF: A. 06 STATE 169017 
     ¶B. LA PAZ 769 
     ¶C. LA PAZ 1032 
     ¶D. LA PAZ 1083 
     ¶E. LA PAZ 1906 
     ¶F. STATE 92427 
 
¶1. This is an action request for WHA/AND, L/PM, and PM/ISO. 
See Paragraph 5. 
 
¶2.  Background: DOD has asked the State Department to secure 
status protections for U.S. military personnel who will be 
present in Bolivia during 2008.  DOD has requested Post 
immediately propose to the Government of Bolivia an exchange 
of diplomatic notes for this purpose, as has been historic 
practice.  An exchange of diplomatic notes was conducted in 
July of 2007 with Government of Bolivia establishing norms 
and understandings for military exercises, exchanges, and 
other mutually-agreed U.S. military programs and activities 
in Bolivia.  Due to changes in the text that had to be 
approved by both Bolivia and the U.S., the 2007 agreement 
came almost eight months into 2007.  Considering the 
extensive negotiations and legal review involved with the 
2007 diplomatic note, approved just over three months ago, 
Post is hoping to avoid such a delay for the 2008 exchange of 
diplomatic notes.  An agreement is needed before 2008, in 
order to ensure that a Military Group medical assistance 
exercise can go forward as planned in February.  According to 
Embassy Military Group Commander, U.S. Southern Command and 
OSD have already reviewed the 2007 diplomatic note text and 
approved it as of November 13, 2007, for presentation to the 
Bolivian Government. 
 
¶3. Embassy Military Group suggests changing paragraph seven 
be changed from "perform their assigned medical duties" to 
"perform their assigned duties."  Military Group activities 
encompass a wide variety of operations beyond medical 
operations to include disaster relief, human rights training, 
counter-narcotics training, and engineering projects.  MILGP 
Commander has received preliminary assurances that Bolivian 
Ministry of Defense attorneys will not/not object to taking 
out the qualifier "medical," which ensures broad coverage to 
all military personnel involved in bilaterally approved 
operations and prevents potential abuse or misapplication of 
paragraph seven.  This is the only change in the text from 
the July, 2007 approved text, as reflected in paragraph 5. 
 
¶4. Reftels contain (1) DOD's request that the Department 
(through Embassy La Paz) negotiate a status of forces 
agreement (SOFA) for 2007 with the Government of the Republic 
of Bolivia (GOB), (2) the discussions that ensued between 
post and GOB to that end, and (3) the draft and final 2007 
versions of the agreement reached to extend the yearly 
diplomatic note that serves as a SOFA notes.  Embassy POC is 
Joe Reek (011-591-2-216-8171 relktj@state.gov). 
 
¶5. Action Request: To review the text of the following 
diplomatic note, approved by both the U.S. and Bolivian 
governments in July, 2007 (with exception noted in paragraph 
3).  In light of pending 2008 operations, Post appreciates 
expedited attention to review the 2007 text.  Post wishes to 
approach the Bolivian Government with a U.S.-approved text as 
soon as possible.  Please coordinate cable response with 
Shelby Smith-Wilson, WHA/AND (202-647-4193; 
smith-wilsonsv@state.gov).  End Action Request. 
 
¶6. Begin Diplomatic Note Text: 
 
The Embassy of the United States of America presents its 
compliments to the Ministry of Foreign Affairs and Worship of 
the Republic of Bolivia and has the honor to refer to the 
Diplomatic Note of the Embassy of the United States of 
America dated February 4, 1997, and to the Diplomatic Note 
number SNIC-SPEX-DAE-51/97-18264 of the Ministry of Foreign 
Affairs and Worship, dated February 13, 1997, that 
established an agreement between the Government of the United 
States of America and the Government of the Republic of 
Bolivia concerning the entry into and activities within the 
Republic of Bolivia of civilian and military personnel of the 
United States Department of Defense to implement technical, 
scientific and humanitarian assistance cooperation projects 
being carried out under the auspices of the United States 
Armed Forces. 
 
On the basis of the ensuing consultations between 
representatives of the Ministry of Foreign Affairs and 
Worship and representatives of this Embassy and in 
conformance with the existing legal norms of both our 
countries, the Embassy of the United States of America has 
the honor to propose to the Ministry of Foreign Affairs and 
Worship of the Republic of Bolivia that we continue the 
agreement through calendar year 2008, using the original 
text, amended as follows: 
 
-1.  The technical, scientific and humanitarian assistance 
cooperation of the United States of America involves the 
temporary presence in Bolivia of United States military 
personnel and Department of Defense (DoD) civilian employees 
and the use of necessary equipment in development projects 
that are useful and participatory for the populace through 
activities such as civil construction, public services, 
health service assistance, education, and combined military 
technical assistance. 
 
-2.  Once projects and/or annual programs are developed by 
the counterparts representing each Party, both Governments 
commit to provide to the Ministry of Foreign Affairs and 
Worship of the Republic of Bolivia and the Department of 
State of the United States of America, in a timely manner and 
through diplomatic channels, the annual schedule of 
activities and a report of the temporary personnel assigned 
to these projects. 
 
-3.  Both Governments agree that the United States military 
personnel and DOD civilian employees assigned to technical, 
scientific and humanitarian assistance cooperation will be 
granted, while the corresponding project continues, a status 
and treatment equivalent to that provided to administrative 
and technical personnel of the Embassy of the United States 
of America accredited to the Republic of Bolivia in 
accordance with the April 18, 1961, Vienna Convention on 
Diplomatic Relations, within the standard framework in effect 
in Bolivia. 
 
-4.  The Government of Bolivia will permit the temporary 
entry of necessary equipment and supplies for official use 
for technical, scientific and humanitarian assistance 
cooperation under the system of temporary entry, upon 
presentation of a letter of guarantee from the Embassy of the 
United States of America in Bolivia, in accordance with the 
existing legal framework.  Equipment and supplies that enter 
the country as donations will be granted entry as established 
in the regulations for tax exemptions. 
 
-5.  Both Governments agree that the United States military 
personnel and DoD civilian employees assigned to projects of 
technical, scientific and humanitarian assistance cooperation 
who enter Bolivia should have appropriate documentation 
issued by authorities of the United States of America and a 
temporary permit for their stay that will be provided by 
Bolivian diplomatic and consular mission or by appropriate 
authorities at the time of entry into Bolivian territory, 
which should be recovered upon the end of the project and 
departure of such personnel. 
 
-6.  The Government of Bolivia and the Government of the 
United States of America reciprocally will waive any and all 
claims against one another for property damages related to 
the equipment and material used for development projects in 
connection with this assistance. 
 
-7.  The Government of Bolivia agrees that the United States 
military personnel and DOD civilian employees in Bolivia in 
connection with the activities under this agreement may 
perform their assigned duties in the course of their official 
duties without further authorization. 
 
-8.  This agreement will be valid through calendar year 2008 
and may be renewed upon the mutual agreement of the two 
governments. 
 
If the Government of the Republic of Bolivia is in agreement 
with the above proposal, the Embassy of the United States of 
America proposes that this note, together with the Ministry's 
response, constitute an agreement between our two 
governments, which will enter into force on the date of the 
response of the Government of the Republic of Bolivia.  Any 
differences regarding the interpretation or application of 
the above proposed agreement will be resolved by consultation 
between our two Governments. 
 
The Embassy of the United States of America avails itself of 
this opportunity to renew to the Ministry of Foreign Affairs 
and Worship of the Republic of Bolivia the assurances of its 
highest consideration. 
 
To the Honorable 
Ministry of Foreign Affairs and Worship 
of the Republic of Bolivia, 
La Paz. 
 
End Diplomatic Note Text. 
GOLDBERG