VZCZCXYZ0001
PP RUEHWEB

DE RUEHAK #1386/01 2171250
ZNR UUUUU ZZH
P 041250Z AUG 08
FM AMEMBASSY ANKARA
TO RUEHC/SECSTATE WASHDC PRIORITY 7026
INFO RHMFISS/EUCOM POLAD VAIHINGEN GE PRIORITY
RUEKJCS/SECDEF WASHDC//USDP:PDUSDP/ISA:EUR/ISA:NESA/DSCA// PRIORITY

UNCLAS ANKARA 001386 
 
SIPDIS 
 
HR/CDA/SL/PAS/T&R 
 
E.O. 12958: N/A 
TAGS: APER MARR TU
SUBJECT: REQUESTING DIPLOMATIC STATUS FOR OFFICE OF DEFENSE 
COOPERATION PERSONNEL IN TURKEY 
 
Summary 
------- 
 
¶1. Post requests Department approve diplomatic status for 
Office of Defense Cooperation (ODC) Turkey personnel in 
accordance with 3 FAH-1 H-2438.2 in lieu of status under the 
NATO Status of Forces (SOFA) Implementing Agreement with 
Turkey.  ODC Turkey Chief enjoyed diplomatic status until 
2005, when it was revoked by the Foreign Ministry with the 
argument that ODC personnel are not part of U.S. Embassy 
Turkey -- an argument we reject.  ODC personnel are under 
Chief of Mission authority, work on a Turkish base but in a 
dedicated U.S.-leased facility which receives ICASS support, 
and perform functions that directly contribute to Mission 
goals as described in the Mission Strategic Plan.  ODC 
personnel negotiate and draft agreements, contracts, letters 
of offer and acceptance, and other contractual instruments, 
worth millions of dollars and enjoying a high political 
profile, that may expose them to civil liability in the 
course of their activities.  Hence the need for diplomatic 
immunities beyond those offered by the SOFA.  The parity 
principle also argues that ODC personnel, who directly 
contribute to Mission goals and the success of the bilateral 
relationship, enjoy the same privileges as their State and 
other agency counterparts at post.  According to our 
information, ODC Turkey is one of only four such ODCs in the 
world whose personnel do not enjoy diplomatic status.  End 
Summary 
 
History 
------- 
 
¶2. ODC Turkey personnel have traditionally been under the 
NATO Status of Forces and NATO SOFA Implementing Agreement of 
¶1954.  However, the ODC Turkey Chief, an Air Force Major 
General billet, enjoyed diplomatic status for over 25 years 
until 2005, when it was revoked by the Foreign Ministry with 
the argument that ODC is not part of the U.S. Embassy in 
Turkey but is rather subordinate to European Command (EUCOM). 
 We dispute this view.  Under U.S. Code, Title 22 Section 
2321i, members of the military assigned to foreign countries 
to perform security assistance functions serve under the 
direction and supervision of the Chief of the United States 
diplomatic mission to that country.  EUCOM supports our view 
as most ODCs in EUCOM's area of responsibility enjoy 
diplomatic status.  OSD support for diplomatic status for ODC 
Turkey was expressed in DSCA Chief Lt Gen Jeffrey Kohler's 
January 23, 2006 letter to the State Department's Title and 
Rank Officer requesting diplomatic status for ODC personnel. 
 
Justification 
------------- 
 
¶3. Chief of Mission Authority.  ODC personnel fall under 
Chief of Mission authority per 22 USC 2321i.  They are an 
integral part of Mission Turkey, participating in embassy 
substantive and administrative functions, including ICASS. 
The ODC Chief and his deputies are represented on the Country 
Team and ODC personnel routinely participate in Embassy 
meetings, briefings, and representational events.  The ODC 
Chief served as acting Deputy Chief of Mission for a period 
in 2006.  ODC activities, including the management of 
security cooperation functions as well as the negotiation and 
implementation of the Defense Economic Cooperation Agreement 
(DECA) and numerous other bilateral agreements and memoranda 
of understanding, directly contribute to mission goals as 
described in the Mission Strategic Plan, particularly in 
promoting regional stability and counter-terrorism 
cooperation.  ODC programs, such as FMF and IMET, directly 
contribute to fostering improved military relations with this 
key NATO Ally which in turn promote broader bilateral 
cooperation and which contribute directly to U.S. security. 
ODC Turkey is currently the only Mission component that does 
not enjoy diplomatic status.  According to 7 FAM 1311.3-3 
diplomatic passports are issued to all full-time Federal 
employees, including military personnel assigned abroad, who 
are directly under the authority of the Chief of Mission. 
 
¶4. ODC Facility.  We believe that the ODC facility 
constitutes an Embassy annex as described in 3 FAH-1 Exhibit 
¶2439.  ODC personnel undertaking functions under Chief of 
Mission authority operate on a Turkish military base but in a 
dedicated, leased facility that is accessible to other 
Mission personnel as necessary.  The facility is clearly 
identified as U.S. by the presence of a U.S. flag and other 
symbols, 24 hours per day.  U.S. personnel provide internal 
security.  ODC facilities and personnel receive ICASS support 
and are full participants in ICASS, to include procurement, 
vouchering and cashier functions.  Construction projects for 
the ODC Ankara facility are coordinated, approved and 
executed by the Embassy's contracting office. 
 
¶5. Job Requirements.  ODC personnel perform security 
assistance activities as well as negotiate, manage and 
implement the Defense Economic Cooperation Agreement (DECA) 
and a host of other agreements and understandings in support 
of U.S. Government activities and goals in the entire region. 
 ODC personnel undertake contract negotiations, including 
with local defense contractors and firms, involving millions 
of dollars.  ODC personnel work directly with U.S. firms and 
the Turkish Ministry of Defense Undersecretariat for 
Procurement on high-value commercial sales and Foreign 
Military Sales (FMS).  ODC personnel also contract and manage 
the supply and provisioning of U.S. forces operating in the 
region, particularly in support of Operation Iraqi Freedom. 
Security cooperation activities here enjoy a very high 
profile and have great political sensitivity.  The NATO SOFA 
gives primary jurisdiction to Turkey for most offenses and 
only very limited protection against civil judgments. 
Therefore ODC personnel remain vulnerable to civil litigation 
as they undertake a wide variety of sensitive contractual 
activities essential to the performance of their duties. 
 
¶6. Parity.  Unlike accredited Mission personnel, ODC 
personnel are not exempt from value-added taxes (VAT).  ODC 
as an organization only receives partial tax relief under the 
SOFA, resulting in higher ODC payments for utilities and 
other services.  According to our information, ODC Turkey is 
one of only four ODC offices worldwide (the others are in 
Afghanistan, Rwanda, and Uzbekistan) whose direct hire 
employees do not enjoy some level of diplomatic status. 
 
The Way Ahead 
------------- 
 
¶7.  Upon Department concurrence that Mission may request 
appropriate diplomatic titles/status for ODC personnel 
stationed here under Chief of Mission authority, post will 
submit forms DS-1474 for each requested position. Upon 
approval of diplomatic status, post will formally inform the 
Ministry of Foreign Affairs that said personnel are full 
Mission members under Chief of Mission authority and will 
request they be accorded appropriate immunities and 
privileges under the Vienna Convention on Diplomatic 
Relations. 
 
Visit Ankara's Classified Web Site at 
http://www.intelink.sgov.gov/wiki/Portal:Turk ey 
 
WILSON