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TO RUEHC/SECSTATE WASHDC IMMEDIATE 3103
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UNCLAS MANAGUA 001109 
 
SENSITIVE 
SIPDIS 
 
DEPT FOR WHA/PPC AND WHA/CEN KRAAIMOORE 
DEPT FOR PM/SNA DETEMPLE 
DEPT FOR L/PM HEROLD AND L/T COOK 
OSD FOR EARLE 
SOUTHCOM FOR POLAD AND JAG 
KEARSARGE FOR COMMODORE PONDS AND JAG 
 
E.O. 12958: N/A 
TAGS: MARR MOPS PREL KTIA NU
SUBJECT: NICARAGUA SOFA:  SIGNED, SEALED, DELIVERED (BARELY 
IN TIME) 
 
REF: A. SECSTATE 69341 
     ¶B. MANAGUA 515 
     ¶C. STATE 2677 
 
¶1. (SBU) SUMMARY. On August 8, 2008 we delivered to the 
Government of Nicaragua (GON) the final draft version of the 
diplomatic note regarding the Status of Forces Agreement 
(SOFA) and the accompanying note regarding customs clearance 
procedures.  Later that same day, the GON responded 
affirmatively and sent back a diplomatic note indicating its 
acceptance of both our notes.  The conclusion of this SOFA 
letter process came, literally, on the eve of the arrival of 
the USS KEARSARGE to Puerto Cabezas as part of Operation 
Continuing Promise, which was the final major activity of the 
Milgroup program year (FY08).  The full text of both notes 
appear in paras 3 and 4 below. We will email pdf copies of 
all four notes (U.S. originals plus GON replies) to L/T, 
WHA/CEN and PM/SNA.  END SUMMARY. 
 
¶2. (SBU) COMMENT. Throughout this process, at each meeting 
with our GON counterparts we have raised the possibility of 
securing a longer-term bilateral SOFA agreement per REF C. 
If while the GON initially expressed reservations, it did not 
reject the idea out of hand.  Now that we have concluded this 
one-year agreement (virtually at the end of the one-year 
term), we believe that we may now be able to approach the GON 
about a multi-year arrangement.  We propose a two-pronged 
approach for this "exploratory" phase.  Using the approved 
sample SOFA agreement developed by PM/SNA, we plan to 
initiate a discussion with the Foreign Ministry.  At the same 
time, we believe it would be beneficial for WHA/CEN to invite 
Nicaraguan Ambassador Arturo Cruz to a SOFA informational 
briefing with PM/SNA.  We believe that Cruz may see the 
advantages to his government (both political and 
administrative) of concluding a SOFA with the U.S.  He could 
be an ally in this endeavor.  END COMMENT. 
 
¶3.  (U)  BEGIN TEXT DIP NOTE ON SOFA. 
 
No. 151 
 
     The Embassy of the United States of America presents its 
compliments to the Ministry of Foreign Affairs of the 
Republic of Nicaragua and has the honor to refer to 
discussions between the Government of Nicaragua and the 
Government of the United States of America regarding the 
Peace Keeping Operation-North (PKO-North) exercise from June 
9 to June 20, 2008; the Medical Readiness Exercise (MEDRETE) 
in Cardenas from February 25 to March 16, 2008; the 
humanitarian assistance visit of USS KEARSARGE to Puerto 
Cabezas in August 2008; MEDRETEs in Esteli and Matagalpa 
during April-May 2008; the visit of USS KAUFMAN to Corinto in 
August and September 2008; U.S. Southern Command Engineers 
Deployments for construction of counter-narcotics 
infrastructure on different dates during 2008 at various 
sites, including Bluefields, El Bluff, and Corn Island; 
counter-narcotics training events at various dates and 
locations; the Joint Task Force-Bravo MEDRETEs in January and 
July 2008; the several Maintenance and Training Exchanges on 
different dates during 2008, at various sites, as well as 
other military-to-military activities in Nicaragua, as 
mutually agreed, during 2008.  The implementation of each of 
these separate 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. 
 
     As part of the 2008 operational activities, the Embassy 
proposes that United States military and civilian personnel 
(defined as members of the United States Armed Forces and 
civilian employees of the United States Department of 
Defense, respectively, hereafter referred to collectively as 
United States personnel) present in Nicaragua in connection 
with the 2008 operational activities be accorded treatment 
equivalent to that accorded to the administrative and 
technical staff of the Embassy of the United States of 
America under the Vienna Convention on Diplomatic Relations 
of April 18, 1961; that United States personnel be permitted 
to enter and exit Nicaragua with United States identification 
and with collective movement or individual travel orders (in 
advance of each of the 2008 operational activities the United 
States will provide a list of the names of personnel who are 
expected to be present in conjunction with said activity); 
and that Nicaraguan Authorities shall accept as valid, 
without a driving fee or test, valid, unexpired driving 
licenses or permits issued by the appropriate authorities in 
the United States to United States personnel for the 
operation of vehicles, that such personnel be authorized to 
wear uniforms while performing official duties in Nicaragua, 
and to carry weapons as agreed to by both Governments. 
 
     The Embassy also proposes that the Government of the 
Republic of Nicaragua accord duty-free importation and 
exportation, as well as exemption from inspections and 
taxation on products, property, material, and equipment, 
imported into, acquired in or exported from Nicaragua by or 
on behalf of the United States Government or its personnel in 
connection with the 2008 operational activities; and that the 
Parties shall cooperate in taking such steps as shall be 
necessary to ensure the security of United States personnel 
and property in Nicaragua.  The Embassy further proposes 
vehicles, vessels, and aircraft owned or operated by or for 
the United States Armed Forces shall not be subject to the 
payment of landing or port fees, pilotage charges, 
navigation, overflight, or parking charges or lighterage or 
harbor dues while in Nicaragua; however, the United States 
Armed Forces shall pay reasonable charges for services 
requested and received. 
 
     Vehicles owned by the United States need not be 
registered, but shall have appropriate identification 
markings. 
 
     The Government of Nicaragua shall accept as valid 
professional licenses issued by the appropriate government 
authorities in the United States to United States personnel. 
 
     Title to United States Government Property (such as 
equipment, material, supplies, and other property) imported 
into or acquired in Nicaragua by or on behalf of the United 
States Department of Defense in connection with the 2008 
operational activities shall remain with the United States 
Department of Defense, which may remove such property from 
Nicaragua at any time, free from export duties, taxes, and 
other charges.  The exemption provided in this paragraph 
shall also extend to any duty, tax, or other charge that is 
assessed upon such property after importation into or 
acquisition in Nicaragua.  United States Armed Forces and 
United States personnel property may be removed from 
Nicaragua, or disposed therein, provided that disposition of 
such property in Nicaragua 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 
persons or entities. 
 
     It shall be the responsibility of United States 
personnel to respect the laws of Nicaragua and to abstain 
from any activity inconsistent with the spirit of the 2008 
operational activities.  Authorities of the Government of the 
United States shall take necessary measures to that end. 
Nicaraguan and United States military police investigators 
shall cooperate in the investigation of any crime believed to 
have been committed by or against United States personnel. 
 
     The Embassy proposes that both governments shall waive 
any and all claims (other than contractual claims) against 
each other for personal injury to or death of their military 
or civilian personnel, or for damage, loss, or destruction of 
property arising out of the 2008 operational activities. 
 
     The United States Government shall pay, in accordance 
with United States law, fair and reasonable compensation in 
settlement of meritorious claims by third parties arising out 
of acts or omissions of United States personnel or that is 
otherwise in connection with activities of the United States 
Armed Forces under this Agreement. 
 
     In the event that agreed activities involve the use of 
contractors, the United States Department of Defense may 
award contracts for the acquisition of articles and services 
in accordance with United States law and regulations.  The 
United States Department of Defense shall have the right to 
choose such contractors, and such contractors and their 
employees who are foreigners or non-nationals of Nicaragua 
shall be accorded the same privileges as United States 
personnel with regard to licensing and registration of 
vehicles, drivers, and professional personnel; and with 
regard to the export, import, and acquisition of goods and 
equipment for official or personal use. 
 
     The United States Armed Forces and United States 
personnel may use water, electricity, and other public 
services and facilities, for which the Government of 
Nicaragua will assist the United States authorities in taking 
measures to obtain such services from the institutions and 
corresponding offices, for the appropriate development of the 
aforementioned 2008 operational activities. 
 
     Finally, additional arrangements as may be necessary may 
be entered into by the appropriate authorities of the two 
governments. 
 
     If the foregoing is acceptable to the Government of the 
Republic of Nicaragua, the Embassy proposes that this Note, 
together with the Ministry's reply to that effect, shall 
constitute an agreement between the two governments, which 
shall enter into force on the date of the Ministry's reply, 
and shall remain in effect for the duration of the 2008 
operational activities. 
 
     The Embassy of the United States of America avails 
itself of this opportunity to renew to the Ministry of 
Foreign Affairs the assurances of its highest consideration. 
 
 
Embassy of the United States of America, 
     Managua, August 8, 2008. 
 
END TEXT DIP NOTE ON SOFA. 
 
¶4.  (U) BEGIN TEXT OF DIP NOTE ON CUSTOMS PROCEDURES. 
 
No. 152 
 
     The Embassy of the United States of America presents its 
compliments to the Ministry of Foreign Affairs of the 
Republic of Nicaragua and has the honor to refer to 
discussions between the Government of Nicaragua and the 
Government of the United States of America regarding 
procedures related to customs issues in reference to 
activities described in Diplomatic Note No. 151. 
 
     The military-to-military activities in Nicaragua 
scheduled for 2008, as mutually agreed in Diplomatic Note No. 
151 of August 8, 2008, 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. 
 
     In support of these military activities, the Embassy of 
the United States will assume responsibility for coordinating 
the duty-free importation and exportation of products, 
property, materiel, and equipment, imported into, acquired in 
or exported from Nicaragua by or on behalf of the United 
States Government or its personnel in connection with the 
2008 operational activities, by means of duty-free permits, 
and/or as appropriate, through permits (franquicias) or a 
duty-free &Provisional Importation Certificate,8 granted in 
the name of the Mission.  The Embassy has in place procedures 
to ensure our ability to carry out this responsibility. 
 
     The Embassy also reaffirms the agreement of Diplomatic 
Note No. 151 in which the Government of the Republic of 
Nicaragua will accord duty-free importation and exportation, 
as well as exemption from inspections and taxation on 
products, property, material, and equipment, imported into, 
acquired in or exported from Nicaragua by or on behalf of the 
United States Government or its personnel in connection with 
the 2008 operational activities. 
 
     If the foregoing is acceptable to the Government of the 
Republic of Nicaragua, the Embassy proposes that this Note, 
together with the Ministry's reply to that effect, shall 
constitute an agreement between the two Governments, which 
shall enter into force on the date of the Ministry's reply, 
and shall remain in effect for the duration of the 2008 
operational activities. 
 
     The Embassy of the United States of America avails 
itself of this opportunity to renew to the Ministry of 
Foreign Affairs the assurances of its highest consideration. 
 
Embassy of the United States of America, 
     Managua, August 8, 2008. 
 
END TEXT OF NOTE ON CUSTOMS PROCEDURES. 
 
¶5.  (U) Embassy Managua POC for this issue is Deputy Pol 
Counselor/Pol-Mil officer, Jesse Curtis.  Contact 
information:  CurtisJS@state.gov; CurtisJS@state.sgov.gov; 
TEL: 011-505-252-7128 (office)  011-505-920-1579 (cell). 
 
CALLAHAN