VZCZCXYZ0005
PP RUEHWEB

DE RUEHC #9341 1791555
ZNR UUUUU ZZH
P 271558Z JUN 08
FM SECSTATE WASHDC
TO AMEMBASSY MANAGUA PRIORITY 7419

UNCLAS STATE 069341 
 
SENSITIVE 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: KTIA MARR NU PREL
SUBJECT: NICARAGUA SOFA:  RESPONSE TO NICARAGUAN PROPOSED 
CHANGES 
 
REF: A. (A) MANAGUA 000515 
     ¶B. (B) STATE 002677 
 
 ¶1.  This is an action request.  See paragraphs 3-8. 
 
¶2.  Ref A requested guidance in response to GON proposed 
changes to U.S. SOFA proposal in Ref B.  The GON proposed six 
changes to the U.S. text.  Guidance follows. 
 
¶3.  Change 1, Para 1, last sentence:  concur with the GON 
proposed change to delete the end of the sentence and replace 
with new text.  However, deletion should begin with the word 
"the purposes of", so that the new sentence reads "The 
implementation of each of these activities (hereafter 
referred to collectively as 2008 operational activities) will 
be carried out to further the relationship of friendship and 
cooperation that exists between the Republic of Nicaragua and 
the United States of America." 
 
¶4. Change 2, para 2, first clause:  Washington can accept the 
replacement of the word "status" with the word "treatment", 
with the understanding that "treatment" covers the status of 
U.S. personnel temporarily in country for official purposes, 
including all applicable privileges and immunities equivalent 
to those received by Embassy Administrative and Technical 
personnel. 
 
¶5. Change 3, para 2, third clause:  Concur with the insertion 
of "...valid, unexpired...", but Embassy should clarify to 
GON authorities that in certain U.S. states (e.g., Texas) the 
driver's licenses of military members serving on active duty 
outside that state do not expire under state law despite the 
date listed on the license.  If the issue of a military 
member driving with an apparently expired driver's license 
were to arise, GON authorities should consult with the U.S. 
Embassy for clarification of the applicable U.S. regulations. 
 
¶6. Change 4, insertion in para 3:  Washington can not accept 
the Nicaraguan change, which calls for a procedure relying on 
Embassy diplomatic import and export permits.  Although we 
understand that issues exist as to the most efficient and 
appropriate procedures, our understanding is that there is 
agreement on the underlying principle that imports and 
exports related to the agreed operational activities should 
be duty-free.  Accordingly, we recommend that these 
procedures be worked out between the GON and Embassy and 
agreed, as appropriate, separately from this exchange of 
notes. 
 
¶7. Changes 5 and 6 to correct Spanish grammar are acceptable. 
 
¶8. If these responses are acceptable to the GON, Embassy may 
conclude the exchange of notes as specified in Ref B. 
RICE