VZCZCXYZ0000
PP RUEHWEB

DE RUEHMU #0515/01 1192253
ZNR UUUUU ZZH
P 282253Z APR 08
FM AMEMBASSY MANAGUA
TO RUEHC/SECSTATE WASHDC PRIORITY 2511
INFO RUEHZA/WHA CENTRAL AMERICAN COLLECTIVE PRIORITY
RUEKJCS/SECDEF WASHDC PRIORITY
RUEKJCS/JOINT STAFF WASHINGTON DC PRIORITY
RHEHNSC/NSC WASHINGTON DC PRIORITY
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RUMIAAA/CDR USSOUTHCOM MIAMI FL//J2/J3/J5// PRIORITY
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RUEAHLC/HOMELAND SECURITY CENTER WASHINGTON DC PRIORITY
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UNCLAS MANAGUA 000515 
 
SIPDIS 
 
SENSITIVE 
SIPDIS 
 
DEPT FOR PM/SNA, WHA/CEN, AND L/PM 
NSC FOR ALVARADO 
DHS FOR U.S. COAST GUARD 
OSD FOR OSD (POLICY) - WALTER EARLE 
SOUTHCOM ALSO FOR FPA AND JAG 
 
E.O. 12958: N/A 
TAGS: MARR PREL MOPS KTIA NU
SUBJECT: NICARAGUA SOFA LETTER: GON RESPONDS WITH SOME 
CHANGES 
 
REF: A. CURTIS - DE TEMPLE EMAIL 04/23/08 
     ¶B. MANAGUA 348 
     ¶C. STATE 2677 
 
¶1. (U)  THIS IS AN ACTION MESSAGE.  PLEASE SEE PARA 2 FOR 
ACTION. 
 
¶2.  (SBU) SUMMARY AND ACTION REQUEST.  On April 24 we met 
with representatives from the Americas Division and the 
Protocol Office of Nicaragua's Ministry of Foreign Affairs 
(MINREX) to discuss their proposed changes to the USG draft 
SOFA dip note text, which we had provided them in January. 
Early indications were that the GON might adopt a 
confrontational approach; however, during the April 24 
meeting, we found both the GON attitude and its proposed 
changes rather more positive.  We are providing GON proposed 
changes and rationale in para 4 below.   We request guidance 
as to whether GON proposed changes are acceptable and whether 
we can conclude the final version of the diplomatic note 
exchange.  END SUMMARY AND ACTION REQUEST. 
 
¶3.  (SBU) On April 24, we met with MINREX Americas Division 
Director, Rene Morales, and Director of Protocol, Maria 
Esther Chamorro to discuss changes to the text of the draft 
SOFA letter proposed by the GON and the GON's underlying 
rationale for each change.  Electronic copy of the full draft 
text (in English and the Embassy's unofficial Spanish 
Translation) that includes marked GON changes will be 
forwarded separately to PM/SNA and WHA/CEN. 
 
¶4.  (SBU) BEGIN GON SUGGESTED CHANGES. 
 
CHANGE 1: Para 1, last sentence. 
--------- 
 
DELETE all text to the end of the sentence beginning from 
"the Bilateral Military Assistance Agreement..." 
 
REPLACE with the following text: "the relationship of 
friendship and cooperation that exists between the Republic 
of Nicaragua and the United States of America." 
 
GON JUSTIFICATION:  Per the Article 92 of Title V of 
Nicaragua's Constitution, any stationing or transit of 
foreign troops must be ratified by the National Assembly.  To 
comply with the Constitutional requirement, in January 2008 
the Nicaraguan Army forwarded to the National Assembly for 
its approval the list of CY2008 planned operational 
activities for CY 2008.  The National Assembly approved the 
activities and published the decree in "La Gaceta," 
Nicaragua's equivalent of the "Federal Register."  MINREX 
asserts that the National Assembly decree does not mention 
the 1954 Mutual Defense Agreement and their proposed change 
bring the draft SOFA letter text into harmony with the 
Assembly's decree.  NOTE:  We are trying to locate the 
relevant public documents.  END NOTE.  In response to our 
questions about whether this deletion indicated any change in 
the GON's position regarding the 1954 agreement itself, 
Morales stated that the GON believes "the 1954 Agreement is 
still in force, at this time." 
 
 
CHANGE 2: Para 2, first clause. 
--------- 
 
REPLACE the word "status" with "treatment." NOTE: MINREX 
edited only the Spanish-language version of the document, not 
the English.  Their change was to replace "el estatus" 
(status) with "tratamiento" (treatment). 
 
GON JUSTIFICATION:  Morales said that "tratamiento 
(treatment)" was the proper legal term for non-diplomatic 
personnel.  We confirmed that MINREX understands the term to 
mean that non-diplomatic personnel are treated equally to 
administrative and technical personnel, including the 
relevant rights and immunities. 
 
 
CHANGE 3: Para 2, third clause, beginning with "and that 
Nicaraguan Authorities shall accept..." 
--------- 
 
INSERT the words "valid, unexpired" before "drivers licenses 
or permits issued by the appropriate authorities..." 
 
GON JUSTIFICATION:  MINREX Spanish language insertion was 
"validos y vigentes."  The GON is prepared to accept, as 
valid for use in Nicaragua, any U.S.-issued drivers license 
(civilian or military) on the condition that it not be 
expired. 
 
 
CHANGE 4:  Para 3, first clause, ends with "in connection 
with the 2008 operational activities". 
--------- 
 
INSERT before the semicolon:  "activities, which should be 
done in coordination with the Embassy of the United States, 
by means of the duty-free permits, and/or as appropriate, 
through a duty-free 'Provisional Importation Certificate' 
granted in the name of the aforementioned diplomatic 
mission;..." 
 
GON JUSTIFICATION:  Chamorro explained that this insertion 
allows the U.S. maximum flexibility for duty-free 
transactions under Nicaraguan law.  She added that items 
imported duty-free under a regular diplomatic permit 
(franquicia) can not be re-sold or re-exported for a fixed 
period (normally two years) without incurring a duty.  She 
further explained that the Provisional Importation 
Certificate (Tramite de Importacion Temporal) would allow for 
the duty-free importation and re-export of items that remain 
in Nicaragua for only a short time.  Items brought in this 
manner may not be re-sold in Nicaragua.  Morales added that, 
recently, Embassy logistics officials had refused to process 
paperwork for the exportation of some military items at the 
close of an activity.  As a result, these items had to be 
disposed of through alternate methods.  Morales said the GON 
wished to clarify that the duty-fre importation and 
exportation of items related to operational activities should 
be done through Embassy channels.  In response to our 
questions, Morales and Chamorro did confirm that items for 
direct use by the Nicaraguan Army could be sent directly to 
the Army without first passing through the Embassy, as the 
Army was itself tax-exempt and could request duty-free 
importation. 
 
CHANGE 5:  Para 9, last line (SPANISH VERSION ONLY). 
--------- 
 
This change corrects the Spanish grammar in the last line. 
It inserts the word "de" between "virtud" and "este Acuerdo." 
 There is NO CHANGE to the ENGLISH. 
 
CHANGE 6:  Para 2, third clause (SPANISH VERSION ONLY). 
--------- 
 
This changes corrects Spanish grammar.  It adds an "s" at the 
end of "autoridades nicaraguenses".  There is NO CHANGE to 
the ENGLISH. 
 
END GON SUGGESTED CHANGES. 
TRIVELLI