VZCZCXYZ0000
PP RUEHWEB

DE RUEHMU #1196/01 2682051
ZNR UUUUU ZZH
P 242051Z SEP 08
FM AMEMBASSY MANAGUA
TO RUEHC/SECSTATE WASHDC PRIORITY 3198
INFO RUEHBO/AMEMBASSY BOGOTA PRIORITY 1996
RUEKJCS/SECDEF WASHDC PRIORITY
RHEHNSC/NSC WASHINGTON DC PRIORITY
RUMIAAA/CDR USSOUTHCOM MIAMI FL PRIORITY
RUEAIIA/CIA WASHDC PRIORITY
RHEFDIA/DIA WASHINGTON DC PRIORITY

UNCLAS MANAGUA 001196 
 
SENSITIVE 
SIPDIS 
 
DEPT FOR WHA/CEN KRAAIMORE 
DEPT FOR PM/SNA - DETEMPLE 
DEPT FOR L/PM - HERALD 
SOUTHCOM FOR FPA AND JAG 
OSD FOR EARLE AND MITCHELL 
 
E.O. 12958: N/A 
TAGS: MARR MOPS PREL KTIA NU
SUBJECT: NICARAGUA SOFA -- NEXT STEPS TO A LONGER-TERM 
AGREEMENT? 
 
REF: A. MANAGUA 1109 AND PREVIOUS 
     ¶B. STATE 2677 
 
¶1. THIS IS AN ACTION REQUEST.  PLEASE SEE PARA 6 FOR ACTION. 
 
¶2. (SBU) SUMMARY. On August 13, 2008 we exchanged diplomatic 
notes with the Government of Nicaragua to establish a Status 
of Forces Agreement.  During our prior encounters with the 
GON, we repeatedly raised the possibility of concluding a 
longer-term agreement vice repeated year-to-year agreements. 
Our counterparts indicated a willingness to re-visit the 
matter after the 2008 agreement was complete.  Having reached 
that point, we recommend engaging the GON in discussions 
about a formal multi-year SOFA.  Informal conversations with 
our contacts in the Foreign Ministry and the Nicaraguan 
military have indicated general GON interest in pursuing a 
multi-year deal.  Below we summarize our discussions with the 
GON to date and present suggested steps for an initial 
"exploratory phase."  We assess that given the volume, 
desirability and quality of U.S. mil-to-mil assistance, there 
is a reasonable expectation that our advocates within the GON 
can successfully deliver a multi-year SOFA deal, perhaps even 
in time for the 2009 program year.  END SUMMARY. 
 
So Far, So Good 
- - - - - - - - 
 
¶3. (SBU) Following a year of discussions, on August 13, 2008 
the United States and Nicaragua exchanged diplomatic notes 
establishing conditions governing the status of U.S. forces 
operating in Nicaragua under the auspices of the U.S. 
Military Assistance Group's 2008 program of "Operational 
Activities" (REF A).  Although the recently concluded 
agreement covers only the 2008 program year, at each meeting 
with our Government of Nicaragua (GON) counterparts, per REF 
B, we raised the issue of working out a longer-term SOFA 
arrangement.  On each occasion, GON interlocutors indicated a 
willingness for notional discussions about a long-term 
agreement once the current (2008) deal was concluded.  We 
have reached that milestone and believe we should press ahead 
with efforts to secure a multi-year deal beginning with the 
2009 program year. 
 
¶4.  (SBU)  Our informal discussions about a long-term SOFA 
with contacts in the Foreign Ministry, the Ministry of 
Defense and the Nicaraguan military have all met with a 
favorable response at the technical level.  During an August 
27 meeting at MINREX, we specifically raised the issue of a 
multi-year SOFA.  MINREX was inclined to consider the matter 
further, noting that a multi-year SOFA would not eliminate 
Nicaragua's constitutional requirement for Parliamentary 
notification regarding cooperation with foreign military 
personnel.  MINREX also presented us with some questions: 
 
-- Can the USG provide any information about how many and 
which countries in the Western Hemisphere already have a SOFA 
with the U.S.? 
 
-- Is there a standard or preferred minimum term for a 
multi-year SOFA?  NOTE: MINREX contacts indicated that an 
indefinite agreement would be difficult, but a "medium-term" 
(perhaps a term of five to seven years) might be achievable. 
 
SUGGESTED NEXT STEPS 
- - - - - - - - -  - 
 
¶5.  (SBU) We propose the following steps as an "exploratory 
discussion" phase.  If we receive a positive response on 
these actions, we would recommend pursuing a formal 
discussions on a multi-year SOFA agreement with Nicaragua. 
 
-- Embassy to formally deliver a SOFA draft discussion text 
provided by Department to Foreign Ministry, Nicaraguan Army 
and Defense Ministry.  (We suggest that the discussion text 
be English and Spanish versions of global SOFA template found 
on the SIPR site of the Bureau of Political-Military Affairs, 
as this text is very similar to the just-concluded 2008 SOFA 
text.) 
 
-- Washington to offer to Nicaraguan Ambassador Arturo Cruz 
an information briefing about Status of Forces Agreements. 
NOTE:  MINREX counterparts noted that Cruz could be 
influential on this issue. 
 
ACTION REQUESTS 
- - - - - - - - 
 
¶6. (SBU) Please advise as to whether we may proceed with the 
suggested steps as identified in para 5 above.  Also, please 
provide guidance as to whether and how we might respond to 
the questions posed by MINREX as indicated in para 4 above. 
CALLAHAN