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RHMFISS/CDR USSOUTHCOM MIAMI FL

C O N F I D E N T I A L QUITO 000504 
 
DEPT OF ARMY WASHDC 
 
SIPDIS 
 
L/PM (CDR TOM HEROLD), WHA/AND (JANINE KEIL), DOD/OSD 
(LTC DAN MCDONALD), DOD/OSD/WHA (WALTER EARLE) 
 
E.O. 12958: DECL: 09/06/2014 
TAGS: KTIA MARR MOPS PM PREL US EC
SUBJECT: FINAL AGREEMENT WITH ECUADOR ON STATUS OF FORCES 
FOR EXERCISES 
 
REF: A. QUITO 48 
     ¶B. 07 QUITO 2299 
     ¶C. SECSTATE 3118 
     ¶D. 07 SECSTATE 132344 
 
Classified By: DCM Jefferson Brown for Reasons 1.4 (b&d) 
 
¶1.  (C) Following the meeting with GOE officials on January 
9, 2008, and providing the modified text in draft format as 
per Refs A and C, Post has engaged the GOE on numerous 
occasions to stress the importance of completion of the 
exchange of diplomatic notes.  Bureaucratic hurdles, multiple 
changes in Ecuadorian civilian and military leadership over 
the period, and political tensions in the wake of the March 1 
Colombian attack across the Ecuadorian border all conspired 
to make this a lengthy and challenging process.  However, the 
GOE finally responded positively on May 29 with a diplomatic 
note dated May 28 (paragraph four).  The MFA's dip note 
completes the exchange of notes and provides the equivalent 
of Administrative and Technical status to military personnel 
participating in military exercises in Ecuador through 
December 2008. 
 
¶2.  (C) Director of Operations General Patricio Cardenas of 
the Ecuadorian Joint Command told the Embassy Military Group 
on May 21 that Minister of Defense Ponce's seeing two 
USG-funded installations during his visit to the Northern 
Border in early May broke the political log jam and convinced 
him to support the note.  He then used his close relationship 
to President Correa to advocate personally, together with 
Security Minister Larrea, to complete the exchange of notes. 
 
¶3.  (SBU) BEGIN TEXT OF EMBASSY'S DIPLOMATIC NOTE OF MAY 12: 
 
The Embassy of the United States of America presents its 
compliments to the Ministry of Foreign Affairs of the 
Republic of Ecuador and has the honor to refer to the 
Ministry,s dip note #23165-GVM-SSNRF-DGSN, dated May 15, 
2008, regarding military cooperation between the Government 
of the Republic of Ecuador and the Government of the United 
States.  The Embassy hereby provides in annex the text that 
resulted from our bilateral discussions, in particular the 
meeting at the Ministry of Foreign Affairs on January 9, 
2008, along with an updated calendar.  This text reflects the 
amendments as suggested by the Government of Ecuador in 
October 2007 and mutually agreed upon by both governments 
through a subsequent process of negotiation and consultation 
among all interested parties.  The Ministry,s affirmative 
note in reply shall constitute an agreement between the two 
governments which shall enter into force on the date of the 
Ministry,s reply. 
 
ARTICLE I:  PURPOSE 
 
The parties shall jointly participate in the Exercises 
scheduled to take place in Ecuador between January 2008 and 
December 31, 2008.  In connection with the Exercises, United 
States armed forces will deploy to Ecuador to perform 
training, medical, 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 subject matter of the exercises described in this 
Agreement, and the schedule for such exercises, shall be 
prepared and approved by mutual agreement of both parties, 
which shall ensure that the schedule for exercises to be 
conducted the following year are approved within the last six 
months of the previous year.  The schedule of exercises may 
be modified thereafter by mutual agreement of the parties, as 
necessary. 
 
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 area 
assigned for the conduct of the exercises provided under this 
Agreement. 
 
ARTICLE VII:  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. 
 
The Government of Ecuador shall accept as valid medical 
credentials and licenses issued to United States health care 
personnel by appropriate United States authorities. 
 
ARTICLE VIII:  FREEDOM OF MOVEMENT 
 
United States personnel in Ecuador shall enjoy freedom of 
movement within the area where the exercises take place and 
such freedom of movement as is necessary to exercise the 
right to undertake those activities deemed necessary for the 
performance of their duties.  United States personnel 
transiting outside the area designated for the conduct of the 
exercises shall be subject to the laws of Ecuador in 
accordance with their status, which is equivalent to that 
provided to the administrative and technical staff of the 
United States Embassy, provided under Article IX of this 
Agreement. 
 
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 Embassy in accordance 
with the Vienna Convention on Diplomatic Relations of April 
18, 1961 (the Convention).  Consistent with this Convention, 
United States personnel shall be subject to the civil and 
administrative jurisdiction of Ecuador for acts committed 
outside the course of their duties. 
 
Notwithstanding this article, if it becomes necessary for 
Ecuadorian authorities to detain temporarily 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 the 
appropriate United States authorities.  The provisions of 
 
this paragraph notwithstanding, United States personnel shall 
be subject to the civil and administrative jurisdiction of 
Ecuador, in accordance with the provisions of 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 or otherwise 
addressed in 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 shall provide lands and facilities 
for the successful performance of operations relating to the 
agreed exercises; it shall also pay just, fair, and 
reasonable compensation in settlement of meritorious claims 
arising from the use, by the armed forces of Ecuador and of 
the United States, of lands or other properties, including 
facilities provided for such purpose by the Government of 
Ecuador. 
 
The costs associated with resolving claims as set forth in 
this Agreement shall be borne by the party responsible, 
except those stipulated in the preceding paragraph. 
 
The Government of Ecuador shall accept full responsibility 
for, and shall hold the United States Government harmless 
from, any claims arising from the use of projects 
constructed, in whole or in part, during these Exercises, 
provided such 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 that 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 the owner,s 
service 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 communication 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 
Status 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 who are 
participating in these exercises shall have the right to 
carry arms and ammunition while performing official duties 
and while within the area where the exercises are being 
conducted.  No other United States personnel may carry arms 
during their stay in Ecuadorian territory, except when the 
nature of the exercise so requires, in which case the 
Ecuadorian authorities shall authorize United States 
personnel to carry arms and ammunition within the area where 
the exercises are being conducted and for purposes of 
transporting them from the point of debarkation to the 
exercise area and back to the point of embarkation.  United 
States authorities will submit a list of the weapons to be 
brought into Ecuador for these purposes, including a general 
description of the arms, to Ecuadorian military authorities 
for approval.  Under no circumstances shall any type of arms 
other than those that have been approved by the Ecuadorian 
authorities be permitted, nor shall any other United States 
personnel, other than those authorized, be permitted to carry 
arms or ammunition. 
 
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. 
 
The Embassy avails itself of this opportunity to renew to the 
 
Ministry of Foreign Affairs the assurances of its highest and 
most distinguished consideration. 
 
END EMBASSY'S DIPLOMATIC NOTE OF MAY 15 
 
¶4.  (SBU) BEGIN TEXT OF ECUADORIAN MFA'S DIPLOMATIC NOTE OF 
MAY 28: 
 
THE MINISTRY OF FOREIGN RELATIONS, COMMERCE AND INTEGRATION 
presents its compliments to the Honorable Embassy of the 
United Status of America and has the honor to acknowledge 
receipt if the Embassy's note No. POL 036/2008, dated May 15 
2008, which states the following: 
 
&The Embassy of the United States of America presents its 
compliments to the Ministry of Foreign Affairs of the 
Republic of Ecuador and has the honor to refer to the 
Ministry,s dip note #23165-GVM-SSNRF-DGSN, dated May 12, 
2008, regarding military cooperation between the Government 
of the Republic of Ecuador and the Government of the United 
States.  The Embassy hereby provides in annex the text that 
resulted from our bilateral discussions, in particular the 
meeting at the Ministry of Foreign Affairs on January 9, 
2008, along with an updated calendar.  This text reflects the 
amendments as suggested by the Government of Ecuador in 
October 2007 and mutually agreed upon by both governments 
through a subsequent process of negotiation and consultation 
among all interested parties.  The Ministry,s affirmative 
note in reply shall constitute an agreement between the two 
governments which shall enter into force on the date of the 
Ministry,s reply. 
 
THE MINISTRY OF FOREIGN RELATIONS, COMMERCE AND INTEGRATION 
taking note of the attached document and updated calendar has 
the pleasure to confirm acceptance of them, and hence the 
Embassy's diplomatic note and this response constitute an 
agreement between the two countries, which will be effective 
from this date. 
 
THE MINISTRY OF FOREIGN RELATIONS, COMMERCE AND INTEGRATION 
avails itself of this opportunity to renew to the Honorable 
Embassy of the United States the assurances of its highest 
and most distinguished consideration. 
 
END TEXT OF ECUADORIAN MFA'S DIPLOMATIC NOTE OF MAY 28 
Jewell