VZCZCXYZ0010
PP RUEHWEB

DE RUEHSN #1395/01 3542229
ZNR UUUUU ZZH
P 192229Z DEC 08
FM AMEMBASSY SAN SALVADOR
TO RUEKJCS/SECDEF WASHDC PRIORITY
RUEHC/SECSTATE WASHDC PRIORITY 0487
RHEHNSC/NSC WASHINGTON DC PRIORITY
INFO RUEHZA/WHA CENTRAL AMERICAN COLLECTIVE PRIORITY
RUEKJCS/USSOCOM WO WASHINGTON DC PRIORITY
RUCQSOC/USSOCOM MACDILL AFB FL PRIORITY

UNCLAS SAN SALVADOR 001395 
 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PGOV PREL MARR MOPS SNAR ES
SUBJECT: GOES COUNTERPROPOSAL FOR EXTENSION OF CSL COMALAPA 
 
¶1. (U) This is an action request; see paragraph 2 below. 
 
¶2. (U) Post received December 17 the following 
counterproposal regarding the extension of the agreement 
governing use of the Cooperative Security Location at 
Comalapa via diplomatic note (see paragraph 5).  This 
counterproposal is the Salvadoran response to the U.S. 
proposal delivered to the Salvadoran Ministry of Foreign 
Affairs in July 2008.  Action Requested: Embassy urges quick 
USG review and approval to enable the GOES to approve this 
agreement in early 2009. 
 
¶3. (U) The counterproposal contains two significant 
deviations from the U.S. proposal: 
 
 -  Article 2 of the Salvadoran counterproposal would expand 
the list of allowable activities to include humanitarian 
assistance, counter-terrorism operations and training and 
military exercises and says that, in order to improve the 
performance and cooperation of the Salvadoran Armed Forces 
(ESAF) the United States will improve the capabilities of the 
Salvadoran military.  This article also authorizes access to 
Salvadoran military bases beyond Comalapa. 
 
 -  Article 24 would extend the agreement for ten years. 
 
¶4. (U) The spanish version of the Salvadoran proposal has 
been emailed to WHA/CEN. 
 
¶5. (U) Text follows. 
 
&COOPERATION AGREEMENT BETWEEN THE GOVERNMENT OF THE 
REPUBLIC OF EL SALVADOR AND THE GOVERNMENT OF THE UNITED 
STATES OF AMERICA, CONCERNING ACCESS AND USE OF AIR AND NAVAL 
BASES, PORTS AND AIRPORTS FOR ACTIVITIES MUTUALLY AGREED8. 
 
Considering: 
 
¶I. Worried about the harmful effects that illicit drug 
traffic and other emerging threats have on democratic 
institutions, affecting their political, social, and economic 
structures, endangering peace, security, and defense of the 
Salvadoran people; 
 
II. That the Republic of El Salvador as a sovereign state has 
the discretional faculty of celebrating compacts and 
international agreements with other states, in accordance 
with articles 144 and 168 of the Constitution of the Republic 
of El Salvador; 
 
III. That through Legislative Decree No. 59, published in the 
Official Journal  No. 141, volume No. 348, dated July 27th, 
2000, the &Agreement Between the Government of El Salvador 
and the Government of the United States of America, 
Concerning Access and Use of Facilities of the El Salvador 
International Airport by the United States of America, for 
Activities that Seek control of Drug Traffic by Air8 was 
ratified in all its parts, as well as the &Exchange of Notes 
Between the Government of El Salvador and the Government of 
the United States of America Concerning American Military and 
Civilian Personnel and American Contractors who are 
Temporarily in El Salvador for the Purpose of Visiting 
Vessels, Training, Exercises, Humanitarian Aid, and Other 
Activities of Mutual Convenience8, both subscribed on 
February 15th and 28th, 2007, ratified by Legislative Decree 
No. 249, published in the Official Journal  No. 48, Volume 
374, dated on March 12th, 2007; 
 
IV. With the purpose of intensifying international 
cooperation for aerial detection, monitoring, location, and 
control of illegal drug smuggling activities, as it is 
contemplated in legal and political international instruments 
such as: the United Nations Convention Against Illicit 
Traffic in Narcotic Drugs and Psychotropic Substances of 
1988, the Summit of the Americas Plan of Action of 1998, the 
Anti Drug Strategy in the Hemisphere and all applicable and 
standing bilateral agreements against narcotics; Inter 
American Convention Against Terrorism, Geneva Conventions 
concerning the Amelioration of the Condition of the Wounded 
and Sick in Armed Forces in the Field, Sick and Shipwrecked 
Members of Armed Forces at Sea, to the Treatment of Prisoners 
of War, and to the Protection of Civilian Persons in Time of 
War, the additional protocol to the Geneva Agreements related 
to the protection of victims of international armed conflicts 
(Protocol I) and additional protocol to the Geneva Convention 
related to the Protection of Victims of Non-International 
Armed Conflicts (Protocol II). 
 
¶V. Acknowledging that in support to the effort of this joint 
 
 
strategy to move forward in international cooperation to 
neutralize and/or offset emerging threats, the Government of 
El Salvador and the Government of the United States of 
America agree to make use of their national resources for 
this effort. 
 
VI. Wishing to establish the terms and conditions for a wider 
cooperation between El Salvador and United States of America 
and to strengthen their common purposes in these matters, 
both governments of El Salvador and the United States of 
America (hereinafter referred to as the "parties") agree to: 
 
ARTICLE I 
 
DEFINITIONS 
 
For the effects of this Agreement: 
 
a)    By &United States Personnel8 it shall be understood 
as: all military personnel (members of the United States 
Armed Forces) and civilian employees from the United States 
Government staying in Salvadoran soil, performing activities 
related to this agreement. 
 
b)    By &Contractors8 it shall be understood as: Natural 
or judicial persons who have signed contracts with the United 
States Government, related to this agreement. 
 
c)    By &Contractor,s employees8 it shall be understood 
as: Natural persons hired by contractors staying in El 
Salvador in relation with this agreement. 
 
d)    By &Relatives8 it shall be understood as: Members of 
the United States personnel,s family up to the 4th degree of 
consanguinity and 2nd grade of kinship, who are not 
Salvadoran citizens. 
 
e)    By &Aerial Observers8 it shall be understood as: 
Representatives of El Salvador or third countries invited by 
mutual agreement to participate in duty flights, who will 
support the execution of those detection, monitoring and 
location missions related to this agreement. 
 
f)    By &Facilities8 it shall be understood as: Those 
places appropriately designated and specified, where United 
States Personnel mentioned above in letter a) of Article I 
are authorized to have access and make use of, according to 
the terms of this agreement and any amendment to it. 
 
 
ARTICLE II 
 
PURPOSE OF THE AGREEMENT; AUTHORIZATIONS 
 
The Government of El Salvador agrees to allow United States 
Personnel, American contractors, and Contractor,s employees 
to have access and make use of facilities at El Salvador 
International Airport, military Air and Naval Bases, Port of 
ACAJUTLA and Port of LA UNION in connection with aerial 
detection, monitoring, tracking, and control of illegal drug 
traffic operations, search and rescue operations, non 
combatant evacuation operations, humanitarian assistance 
operations, training and military exercises, counter 
terrorism operations, and other activities previously agreed 
by the parties. Therefore, aircraft, vessels, vehicles 
operated by or to the United States in connection with this 
agreement are authorized to use these facilities on a 
temporary basis. 
 
Exceptionally and after previous agreement between the 
parties, the United States may use other military facilities 
as well as other aerodromes and ports along the coast, 
related with the spirit of this agreement. 
 
For a better performance and cooperation of the Salvadoran 
Armed Force to the operations described in this agreement and 
other activities and exercises mutually agreed, the United 
States will improve the capabilities of the Salvadoran 
military services, which will be detailed in execution 
agreements previously agreed by the parties. 
 
ARTICLE III 
 
PERMISSION PROCEDURES FOR AIRCRAFT AND VESSELS 
 
Aircraft and vessels operated by or for the United States 
related to this agreement are authorized to overfly and sail 
on Salvadoran territory; land, take off, weigh anchor and 
dock in airports and piers included in this agreement. These 
activities will be carried out in accordance with the 
procedures agreed by both parties. 
 
ARTICLE IV 
 
COMMAND AND CONTROL ARRANGEMENTS 
 
Operations by United States Personnel will be carried out in 
accordance with command and control arrangements agreed by 
both parties, which will be formulated in a directive 
document. 
 
ARTICLE V 
 
RESPECT TO SALVADORAN LAW 
 
United States Personnel will respect the legal order of the 
Republic of El Salvador. American authorities must take the 
necessary measures to accomplish this goal. 
 
ARTICLE VI 
 
LEGAL CONDITION OF THE UNITED SATES PERSONNEL AND THEIR 
RELATIVES 
 
The Government of El Salvador will issue all United States 
personnel and their relatives who are in El Salvador, a legal 
condition equivalent to that given to administrative and 
technical personnel at the Embassy of the United States of 
America in El Salvador, according to the Vienna Convention on 
Diplomatic Relations, of April 18th, 1961. 
 
Notwithstanding paragraph I of this article, should 
Salvadoran authorities temporally detain a member or a 
relative of a member of United States personnel, Salvadoran 
authorities will immediately notify the American authorities 
in charge of the operations in El Salvador, according to this 
agreement, and will coordinate their expedited return of 
these personnel under American control. 
 
ARTICLE VII 
 
ENTRY, EXIT AND TRAVEL DOCUMENTATION 
 
Salvadoran authorities agree to allow United States personnel 
and their relatives to enter and exit the country with proper 
United States identification document (military, civilian, or 
family ID) and collective or individual travel orders. 
American authorities will notify Salvadoran authorities the 
names of the United States Personnel and their families who 
are in El Salvador in relation to this agreement. Such 
notification will be completed within a reasonable period of 
time before their arrival in the country. 
 
 
ARTICLE VIII 
 
IMPORT AND EXPORT 
 
As a contribution to the execution of this agreement, 
Salvadoran authorities excuse the payment of inspections, 
bills of import or export, customs duties, direct and 
indirect taxes demanded by the Government of El Salvador for 
products, equipment, materials, supply and other imports, 
goods that are purchased or used in the Republic of El 
Salvador by or on behalf of the Government of the United 
States of America, in accordance with this agreement. The 
ownership of all these goods will remain with the Government 
of the United States of America or its contractors, as it 
applies, and they can be taken out of the Republic of El 
Salvador or alienated at any time, without inspections, bill 
of export, custom duties, taxes or any other charge; however, 
if the alienation of these goods is to natural or judicial 
persons who don,t have the right to these exceptions, these 
persons will be subject to pay the bills, taxes, and other 
obligations. 
 
ARTICLE IX 
 
USE OF FACILITIES 
 
Salvadoran Authorities will facilitate to the Government of 
the United States of America at no cost, the facilities, 
terrain, servitude, and the rights of way agreed in this 
agreement, to support the related and agreed activities. The 
ownership of these facilities, terrains, servitude and rights 
of way will remain with the authorities of the Republic of El 
Salvador. 
 
 
ARTICLE X 
 
CONTRACTORS 
 
In accordance with American laws and regulations, the 
Government of the United States could award contracts to 
acquire goods and services, including construction in El 
Salvador. The United States will be allowed to get supplies 
from any source and could perform construction works 
previously authorized by the Government of El Salvador. 
American contractors will be allowed to hire nationals of the 
Republic of El Salvador. 
 
ARTICLE XI 
 
CONSTRUCTION 
 
The Government of El Salvador authorizes the Government of 
the United States, after consultation of the design and 
approval of the project, to undertake the construction of new 
buildings, improve, modify, remove, and repair structures and 
existing places in agreed facilities, in order to satisfy the 
requirements of the United States, related to this agreement. 
This will be carried out without detriment to the operations 
and development of the existing and planned facilities. After 
using these constructed, improved, or repaired facilities in 
accordance with this agreement, the United States will, after 
a consultation between the parties, transfer them to the 
Government of the Republic of El Salvador. The Government of 
the United States of America will not be obligated to remove 
any facility, building or any improvement to them which have 
not been built with its own funds. 
 
ARTICLE XII 
 
PUBLIC SERVICES 
 
The United States and its contractors will be allowed to use 
water, electricity, and other public services for 
construction, improvement, and use of the facilities agreed 
upon in this agreement. The United States and its contractors 
will pay the expenses for the required and received public 
services. These costs will be demanded in previous terms and 
conditions and free of taxes or obligations. When requested, 
the Government Authorities of El Salvador will assist 
American authorities in getting those public services. 
 
For the maintenance and supply services for vessels, 
airplanes, and other means of transportation which remain in 
the country within this agreement, the United States will use 
the Salvadoran Armed Force maintenance and supply system, for 
which they will pay for, according to the services they 
receive. These services will be detailed in execution 
agreements previously determined by the parties. 
 
ARTICLE XIII 
 
ADMINISTRATIVES SERVICES 
 
Salvadoran Authorities hereby agree to obtain and provide in 
a timely matter, all permits, licenses, visas, inspections, 
and to overall fulfill all other administrative, regulatory 
or legal requirements in the name of the United States or its 
contractors, as long as they are not specifically exempt by 
this agreement. Salvadoran Authorities hereby relieve of 
every cost or bills associated with these requirements. 
 
ARTICLE XIV 
 
UNIFORMS AND WEAPONS 
 
United States Personnel and contractors, security employees 
are authorized to wear uniform and carry equipment weapons 
while on duty, if they are authorized according to their 
orders. Having and carrying weapons will be restricted to 
those agreed facilities and other areas that the parties 
would agree. 
 
ARTICLE XV 
 
SECURITY 
 
Salvadoran and American authorities respectively, will 
consult each other and will take necessary measures to 
guarantee the security of American personnel and property. 
Salvadoran authorities will have the main responsibility for 
the security of the facilities according to this agreement. 
After mutually agreeing with American Authorities, El 
Salvador will designate specific facilities which access, 
security, and use will be shared, and those which access, 
security, and use will be exclusively a responsibility of 
United States of America. 
 
ARTICLE XVI 
 
PORT, AIRPORT AND PILOT FEES 
 
Vehicles, vessels, and airplanes operated by or for the 
United States will not be obligated to pay any fee or bill 
for landing, parking, and docking, or obligation for sailing 
or flying, or toll, or other obligation for use, including 
light and docking bills. However, the United States will pay 
reasonable fees for the services they require and get. The 
vessels owned or operated exclusively for non commercial use 
of the United States of America Government can, at their own 
risk, decline the pilot service in Salvadoran ports and 
airports. 
 
ARTICLE XVII 
 
LICENCES AND VEHICLE REGISTRATIONS 
 
Salvadoran authorities will accept as valid the car driving 
permits or licenses issued, by the appropriate American 
authorities, to the United States Personnel and their 
families, the contractors, and contractor,s employees. The 
vehicles property of or driven by or for the United States 
Government will be exempted of registration from the 
Salvadoran Authorities, but will carry the appropriate 
distinctive military or government markings. Vehicles 
property of the United States personnel will be registered 
through the Ministry of Foreign Affairs, according with the 
existing procedures for the vehicles owned by personnel of 
the Embassy of the United States of America. 
 
United States Personnel should buy insurance for its own 
vehicles in accordance with the laws of the Republic of El 
Salvador. 
 
Salvadoran Authorities will also accept as valid, according 
to this agreement, the credentials and professional licenses 
issued to the United States Personnel, contractors, and 
contractor,s employees by the appropriate authorities of the 
United States of America. 
 
ARTICLE XVIII 
 
PERSONAL TAX EXCEPTIONS 
 
The time periods during which the United States personnel and 
their families remain in Salvadoran territory will not be 
considered as periods of residence or legal domicile for the 
purpose of tax collection, according to Salvadoran Law. 
 
The Republic of El Salvador agrees that United States 
Personnel and their relatives will not be subject to pay any 
tax in El Salvador on any income they receive as a result of 
their services, in accordance to this agreement or for any 
income derived from sources outside of El Salvador. 
 
The Republic of El Salvador excuses the United States 
Personnel and their relatives from paying taxes for property, 
possession, use, transfer to other United States personnel or 
their family, or for transfer in case of death of their 
property located in El Salvador. 
 
ARTICLE XIX 
 
CLAIMS 
 
Both governments of El Salvador and the United States will 
renounce to any claim (different from contractual claims) 
against each other for damage, loss, or destruction of 
government property due to activities connected with this 
agreement, or for wounds, or death suffered by personnel of 
each government while hired and accomplishing their duties. 
 
The US Government will pay according with its applicable law, 
any compensation to respond to claims by third parties. Those 
claims will be presented to the American authorities in 
charge of the operations in El Salvador according to this 
agreement. The American authorities will transact the claims 
quickly, according to American law. 
 
Contractual claims will be solved according to the 
arrangements appointed in the respective contracts. 
 
ARTICLE XX 
 
POSTAL SERVICE AND COMMUNICATION 
 
The United States can establish, keep, operate and use 
military postal services and other service facilities for 
comfort, welfare and recreational purposes for United States 
Personnel, their relatives, contractors, contractor,s 
employees and aerial watchers. 
 
The United States can establish a satellite station for the 
reception, by the United States Personnel, of radio and TV 
programs and other communication transmissions. These 
programs and transmissions from the United States can be 
transferred to American facilities. 
 
Salvadoran authorities will allow the United States to use 
radio and telecommunications during and in support of the 
activities related to this agreement. Radio frequencies and 
communication spectrum to be used will be part of other 
negotiations and arrangements between the parties. 
 
All activities referred to in this article will be exempted 
of license, regulations, custom fees, taxes (direct or 
indirect), burden, and other tax fees required by the 
Republic of El Salvador. 
 
ARTICLE XXI 
 
APPLICATION 
 
Each party will facilitate, to the maximum extent possible, 
the cooperating efforts to the execution of the activities 
foresighted and agreed upon in this agreement, including the 
cooperation with other Nations in the region and will consult 
each other, as appropriate, about additional measures that 
can be incorporated to improve this cooperation and 
interoperability. 
 
The parties can sign execution agreements with more details, 
should they be needed to comply with this agreement. 
 
The parties will periodically examine the application of this 
agreement. This agreement can be amended in written form as 
mutually agreed and formalized by authorized representatives 
of each party. A copy of all the amendments will be dated, 
numbered, and annexed to every issue of this document. 
 
ARTICLE XXII 
 
SOLUTION OF CONTROVERSIES 
 
Any controversy which may derive from the application of this 
agreement or the agreements in execution will be solved 
through consultations between the appropriate authorities 
appointed by the parties, including when necessary, 
diplomatic means. 
 
ARTICLE XXIII 
 
TAKE EFFECT TIME AND DURATION 
 
This agreement will take effect from the time the parties 
interchange diplomatic notes pointing out that all the 
internal procedures necessary for this document to take 
effect have been accomplished. The agreement will last ten 
(10) years, and after that, it may be renewed for additional 
five (5) year periods, subject to the agreement of both 
parties. 
 
ARTICLE XXIV 
 
DENOUNCE 
 
At the conclusion of the first ten (10) year period, each 
party will have the right to denounce this agreement, with at 
least one year in advance. 
 
ARTICLE XXV 
 
REPEALING 
 
This agreement repeals the Legislative Decree No. 59, 
published in the Official Journal No. 141, volume 348, dated 
July 27th of 2000, which ratifies all parts of the 
&Agreement Between the Government of El Salvador and the 
Government of the United States of America, Concerning Access 
and Use of Facilities of the El Salvador International 
Airport by the United States of America, for Activities that 
Seek Control of Drug Traffic by Air8. 
 
IN WITNESS WHEREOF of the undersigned, been appropriately 
authorized by their respective Governments, have endorsed 
this agreement. 
 
WRITTEN in San Salvador, Republic of El Salvador, November 
5th 2008, duplicated, Spanish and English, been both versions 
equally authenticated. 
 
End text. 
GLAZER