VZCZCXYZ0004
PP RUEHWEB

DE RUEHC #0453 3462236
ZNY CCCCC ZZH
P 112227Z DEC 08
FM SECSTATE WASHDC
TO RUEHMU/AMEMBASSY MANAGUA PRIORITY 0000
INFO RUEKJCS/SECDEF WASHINGTON DC PRIORITY
RHMFISS/CDR USSOUTHCOM MIAMI FL PRIORITY

C O N F I D E N T I A L STATE 130453 
 
SIPDIS 
 
E.O. 12958: DECL: 12/10/2018 
TAGS: KTIA MARR MOPS PM PREL US
SUBJECT: AGREEMENT WITH NICARAGUA ON STATUS OF FORCES FOR 
EXERCISES IN NICARAGUA DURING 2009 
 
REF: A. MANAGUA 001109 
     ¶B. STATE 002677 
 
Classified By: WHA A/S Thomas A. Shannon for reasons 1.4 (b and d) 
 
¶1. (U) THIS IS AN ACTION REQUEST. SEE PARAGRAPHS 2, 5 AND 6. 
 
¶2. (C) ON AUGUST 8, 2008, AMEMBASSY MANAGUA AND THE 
GOVERNMENT ON NICARAGUA (GON) COMPLETED AN EXCHANGE OF 
DIPLOMATIC NOTES REGARDING A STATUS OF FORCES AGREEMENT 
(SOFA) AND CUSTOMS PROCEDURES FOR U.S. FORCES IN NICARAGUA 
FOR EXERCISES, VISITS, AND OTHER COOPERATIVE ACTIVITIES 
DURING 2008.  AS DISCUSSED IN REF A, WASHINGTON CONTINUES TO 
BELIEVE IN THE NEED TO PURSUE A DURABLE SOFA WITH THE GON. 
AT AN INTERAGENCY MEETING ON OCTOBER 15, 2008, IT WAS AGREED 
THAT THE USG WOULD SEEK A MULTIPLE YEAR SOFA WITH THE GON. 
HOWEVER, THE INTERAGENCY IS STILL DEVELOPING A STRATEGY FOR 
APPROACHING THE GON ON THIS SUBJECT, AND AT PRESENT WE HAVE 
SEEN NO INDICATIONS THAT SUCH AN AGREEMENT CAN BE ATTAINED IN 
THE SHORT TERM.  IN THE INTERIM, AGENCIES HAVE AGREED TO 
PROCEED WITH A SIMPLE ROLL-OVER OF THE EXISTING ARRANGEMENTS. 
 BASED ON DOD'S REQUEST, POST IS REQUESTED TO PRESENT THE 
NOTES IN PARAGRAPHS 3 AND 4 TO THE GON REGARDING A SOFA 
AGREEMENT AND CUSTOMS PROCEDURES FOR DOD OPERATIONAL 
ACTIVITIES IN 2009, STRESSING THAT THE N 
OTES ARE SUBSTANTIALLY IDENTICAL TO THE NOTES EXCHANGED ON 
AUGUST 8, 2008, EXCEPT TO REFLECT FUTURE ACTIVITIES AND DATES. 
 
¶3. (U) BEGIN TEXT OF DIPLOMATIC NOTE ON SOFA: 
 
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 
JOINT COMBINED EXCHANGE TRAINING (JCET) FOR OEF-CCA FROM 
OCTOBER 12, 2008 TO SEPTEMBER 30, 2009; THE MEDICAL READINESS 
EXERCISE (MEDRETE) FROM JANUARY 1 TO JUNE 30, 2009; THE 
MEDRETE FROM MAY 9 TO MAY 23, 2009; FUERZAS ALIADAS 
HUMANTARIAS (FA HUM) FROM APRIL 15 TO MAY 8, 2009; THE 
CONTINUING PROMISE DEPLOYMENT FROM JULY 3 TO JULY 22, 2009; 
THE HUMANITARIAN ASSISTANCE DEPLOYMENT TO BLUEFIELDS FROM 
JULY 11 TO JULY 22, 2009; AS WELL AS OTHER 
MILITARY-TO-MILITARY ACTIVITIES IN NICARAGUA, AS MUTUALLY 
AGREED, DURING 2009.  THE IMPLEMENTATION OF EACH OF THESE 
SEPARATE ACTIVITIES (HEREAFTER REFERRED TO COLLECTIVELY AS 
2009 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 2009 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 2009 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 2009 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 2009 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 2009 
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 2009 
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 2009 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 2009 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 FORCE FOR THE DURATION OF THE 2009 
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, (DATE). 
 
END TEXT DIP NOTE ON SOFA. 
 
¶4.  (U) BEGIN TEXT OF DIP NOTE ON CUSTOMS PROCEDURES. 
 
     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.    .OF (DATE). 
 
 
     THE MILITARY-TO-MILITARY ACTIVITIES IN NICARAGUA 
SCHEDULED FOR 2009, AS MUTUALLY AGREED IN DIPLOMATIC NOTE NO. 
     OF (DATE), 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 
2009 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.      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 2009 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 FORCE FOR THE DURATION OF THE 2009 
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, (DATE). 
 
¶5. (C) ANY HOST COUNTRY PROPOSALS FOR CHANGES TO THE U.S. 
TEXT SHOULD BE REFERRED TO THE DEPARTMENT.  STATE POCS ARE 
ALBERT KRAAIMOORE, WHA/CEN (202-647-1510) AND CDR TOM HEROLD, 
L/PM (202-647-7563).  DOD POCS ARE WALTER EARLE, OSD/WHA 
(703-697-3327) AND VANESSA MITCHELL (703-697-3190). 
 
¶6. (C) UPON CONCLUSION OF THE EXCHANGE OF NOTES, EMBASSY 
SHOULD REPORT THE AGREEMENT BY CABLE AND FAX A COPY OF THE 
NOTES TO L/T AT 202-647-9844.  POST SHOULD FOLLOW THIS UP BY 
SENDING THE ORIGINAL NICARAGUA NOTE WITH A CERIFIED COPY OF 
THE U.S. NOTE TO THE DEPARTMENT, L/T, ROOM 5420, ATT: DAPHNE 
COOK. 
RICE