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OO RUEHWEB

DE RUEHC #0122 0351506
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O 041456Z FEB 09
FM SECSTATE WASHDC
TO AMEMBASSY NASSAU IMMEDIATE 0000

UNCLAS STATE 010122 
 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: KTIA MARR MOPS PM PREL US
SUBJECT: AGREEMENT WITH BAHAMAS ON STATUS OF FORCES FOR 
EXERCISE TRADEWINDS FROM MARCH 4, 2009, THROUGH MARCH 18, 
¶2009. 
 
¶1. This is an action request.  See paragraph 2. 
 
¶2.  DOD has asked the Department to secure status 
protections for U.S. military personnel who will be 
present in the Bahamas from March 4, 2009 through 
March 18, 2009 in conjunction with Exercise Tradewinds. 
Post is requested to immediately propose to the 
government of the Commonwealth of the Bahamas an 
exchange of diplomatic notes for this purpose, using 
the text at paragraph 3.  To avoid the exchange of 
multiple notes, post should present the below note 
in a draft format and send a final note only after 
reaching agreement on the text. 
 
¶3.  Begin text of draft note: (Complimentary opening) 
and has the honor to refer to recent discussions 
between representatives of our two governments 
regarding issues related to 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) who may be 
temporarily present in Bahamas from March 4, 2009 
through March 18, 2009 in connection with Exercise 
Tradewinds and mutually agreed related activities 
including, for example, ship visits, and training 
activities. 
 
Exercise Tradewinds 2009 is a multi-national exercise 
that will be conducted in Bahamian territorial waters. 
The United States Coast Guard cutter (USCGC) Confidence, 
will be participating as well as personnel from the 
United States Coast Guard (USCG) and the United States 
Southern Command (USSOUTHCOM).  The majority of these 
personnel will remain aboard USCG vessels at sea. 
Limited numbers of United States personnel will be 
temporarily present in the Bahamas from March 4, 2009, 
through March 18, 2009, to participate in the exercise. 
 
If the mission of these United States personnel requires 
them to begin their activities in the Bahamas prior 
to the dates specified, or extend beyond them, this 
agreement will apply to United States personnel at all 
times during their presence in the Bahamas. 
 
As a result of these discussions, the Embassy proposes 
that United States personnel be accorded the privileges, 
exemptions, and immunities equivalent to those accorded 
to the administrative and technical staff of a 
diplomatic mission under the Vienna Convention on 
Diplomatic Relations of April 18, 1961; that United 
States personnel may enter and exit the Commonwealth 
of the Bahamas with United States identification and 
with collective movement or individual travel orders; 
that the Bahamas shall accept as valid all professional 
licenses issued by the United States, states thereof or 
their political subdivisions to United States personnel 
for the provision of services to authorized personnel; 
and that Bahamas authorities shall accept as valid, 
without a driving test or fee, driving licenses or 
permits issued by the appropriate United States 
authorities to United States personnel for the 
operation of vehicles.  The Embassy further proposes 
that United States personnel be authorized to wear 
uniforms while performing official duties and to 
carry arms while on duty if authorized to do so by 
their orders. 
 
The government of the Commonwealth of the Bahamas 
recognizes the particular importance of disciplinary 
control by United States Armed Forces authorities over 
United States personnel and, therefore, authorizes 
the government of the United States to exercise 
criminal jurisdiction over United States personnel 
while in the Bahamas. 
 
The Embassy further proposes that the United States 
Department of Defense and United States personnel 
shall not be liable to pay any tax or similar charge 
assessed within the commonwealth of the Bahamas and 
that the United States Department of Defense and 
United States personnel may import into, export out 
of, and use in the Bahamas any personal property, 
equipment, supplies, materiel, technology, training, 
or services in connection with activities under this 
agreement.  Such importation, exportation, and use 
shall be exempt from any inspection, license, other 
restrictions, customs duties, taxes, or any other 
charges assessed within the Commonwealth of the Bahamas. 
 
The governments of the United States of America and 
the Commonwealth of the Bahamas shall cooperate to 
take such measures as may be necessary to ensure 
the security and protection of United States personnel, 
property, equipment, records, and official information 
in the Commonwealth of the Bahamas. 
 
The Embassy proposes that vessels and vehicles operated 
by or, at the time, exclusively for the United States 
Department of Defense may enter, exit, and move freely 
within the territory of the Commonwealth of the Bahamas, 
and that such vehicles (whether self-propelled or towed) 
shall not be subject to the payment of overland transit 
tolls.  Vessels and aircraft owned or operated by or, 
at the time, exclusively for the United States 
Department of Defense shall not be subject to the 
payment of landing, parking, or port fees, pilotage 
charges, lighterage, and harbor dues at facilities 
owned and operated by the government of the Commonwealth 
of the Bahamas.  Aircraft owned and operated by or, 
at the time, exclusively for the United States Department 
of Defense shall not be subject to payment of 
navigation, overflight, terminal or similar charges 
when in the territory of the Commonwealth of the Bahamas. 
The United States Department of Defense shall pay 
reasonable charges for services requested and received 
at rates no less favorable than those paid by the armed 
forces of the Commonwealth of the Bahamas less taxes 
and similar charges.  Aircraft and vessels of the 
United States government shall be free from boarding 
and inspection. 
 
The Embassy proposes that United States personnel 
shall have freedom of movement and access to and 
use of mutually agreed transportation, storage, 
training, and other facilities required in connection 
with activities under this agreement. 
 
The government of the Commonwealth of the Bahamas 
recognizes that it may be necessary for the United 
States Armed Forces to use the radio spectrum. 
The United States Department of Defense shall be 
allowed to operate its own telecommunication systems 
(as telecommunication is defined in the 1992 
Constitution and Convention of the International 
Telecommunication Union).  This shall include the 
right to utilize such means and services as required 
to ensure full ability to operate telecommunication 
systems, and the right to use all necessary radio 
spectrum for this purpose.  Use of the radio spectrum 
shall be free of cost to the United States government. 
 
Further, the Embassy proposes that the parties waive 
any and all claims (other than contractual claims) 
against each other for damage to, loss, or destruction 
of the other's property or injury or death to personnel 
of either party,s armed forces or their civilian 
personnel arising out of the performance of their 
official duties in connection with activities under 
this agreement.  Claims by third parties for damages 
or loss caused by United States personnel shall be 
resolved by the United States government in accordance 
with United States laws and regulations. 
 
Finally, the Embassy proposes further that our two 
governments, or their designated representatives, 
may enter into implementing arrangements to carry 
out the provisions of this agreement. 
 
If the foregoing is acceptable to the government of 
the Commonwealth of the Bahamas, 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 remain in force 
through March 18, 2009. 
 
¶4.  The suggested reply of the government of 
Commonwealth of the Bahamas should read as 
follows: Begin text: (Complimentary opening) and 
refers to the Embassy,s note (number and date) 
which reads as follows: 
 
(Quote U.S. note in its entirety). 
 
The Ministry of Foreign Relations has the further honor 
to inform the Embassy of the United States of America 
that the proposals set forth in the Embassy,s note are 
acceptable to the government of the Commonwealth of the 
Bahamas and to confirm that the Embassy,s note and this 
note shall constitute an agreement between the two 
governments, which shall enter into force on this date. 
End text. 
 
¶5.  Any host country proposals for changes to the U.S. 
text should be referred to the Department.  State POCS 
are Jacquelyn Rosholt, WHA/CAR (202-647-4719) 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.  Upon conclusion of the exchange of notes, Embassy 
should report the agreement by cable, and send the 
original host country note with a certified copy of 
the U.S. note to the Department, L/T, Room 5420 
(Attn:Daphne Cook). 
CLINTON