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DE RUEHC #6716 0542302
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O P 232244Z FEB 09
FM SECSTATE WASHDC
TO RUEHSP/AMEMBASSY PORT OF SPAIN IMMEDIATE 0000
INFO RHMFISS/JOINT STAFF WASHINGTON DC PRIORITY
RUEKJCS/SECDEF WASHINGTON DC PRIORITY
RHMFISS/CDR USSOUTHCOM MIAMI FL PRIORITY

UNCLAS STATE 016716 
 
SENSITIVE 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: KTIA MARR MOPS PREL PM TD
SUBJECT: COUNTERPROPOSAL - AGREEMENT WITH TRINIDAD AND 
TOBAGO ON THE STATUS OF U.S. FORCES FOR THE SUMMIT OF THE 
AMERICAS AND OTHER EVENTS IN 2009. 
 
REF: A. 2008 STATE 15777 
     ¶B. STATE 7413 
     ¶C. KUSNITZ EMAIL DATED 6 FEBRUARY 
 
¶1. (U) THIS IS AN ACTION REQUEST.  SEE PARAGRAPHS 2, 3, 5, 6, 
and 7. 
 
¶2.  (SBU) On February 6, 2009, the Government of the Republic 
of Trinidad and Tobago (GOTT) submitted to post a diplomatic 
note with the GOTT response to the U.S. request for a status 
of forces agreement that would cover calendar year 2009 
mutually agreed activities, including the Summit of the 
Americas (no. 027).  As stated in their February 6, 2009 
diplomatic note, the GOTT intends to provide status 
protections to U.S. personnel by designating the United 
States under its Visiting Forces Act (VFA) and 
agreeing to additional terms not covered by the VFA.  With 
certain changes, i.e., those which are incorporated in 
paragraph 4 of the diplomatic note, the United States finds 
this proposal acceptable for purposes of ensuring adequate 
status protections for the Summit and other mutually agreed 
activities in 2009.  The United States changes to the GOTT's 
counterproposal appear as noted in 
bracketed text (additions and deletions).  Please note that 
"if needed" talking points, which should be deleted in the 
diplomatic note presented to the GOTT, are embedded in the 
text of the note for post,s use in discussions with GOTT 
counterparts. 
 
¶3.  (SBU) U.S. DoD personnel will be temporarily present in 
Trinidad and Tobago in connection with the Summit of the 
Americas from March 24, 2009 through April 24, 2009.  Post is 
requested to present the notes in paragraphs 4 and 5 to the 
GOTT regarding the status of United States DoD personnel 
participating in these activities. 
 
¶4. (U) BEGIN TEXT OF DIPLOMATIC NOTE: 
 
The Embassy of the United States of America presents its 
compliments to the Ministry of Foreign Affairs of Trinidad 
and Tobago 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) and United States contractors 
(defined as non-Trinidad and Tobago companies and firms), and 
their employees who are not nationals of Trinidad and Tobago, 
under contract to the United States Department of Defense, 
who may be temporarily present in Trinidad and Tobago in 
connection with calendar year 2009 mutually agreed 
activities, including the Summit of the Americas event from 
March 24, 2009 to April 24, 2009. 
 
As part of these 2009 mutually agreed activities, (ADDITION: 
the Embassy proposes) that United States personnel may enter 
and exit Trinidad and Tobago with United States 
identification and with collective movement or individual 
travel orders; that Trinidad and Tobago 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 Trinidad and Tobago authorities shall 
accept as valid, without a driving test or fee, driving 
licenses or permits issued by the appropriate United States 
(DELETION: personnel) (ADDITION: authorities) (IF NEEDED 
TALKING POINT: By using the term authorities, this should 
eliminate the GOTT need for their suggested addition, deleted 
here, in para 10.) 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 Trinidad and Tobago recognizes the 
particular importance of disciplinary control by United 
States Armed Forces authorities over United States personnel 
(DELETION: and subject to the laws of Trinidad and Tobago) 
and authorizes the Government of the United States to 
exercise criminal jurisdiction over United States personnel 
while in Trinidad and Tobago (IF NEEDED TALKING POINT:  This 
is not a waiver of GOTT jurisdiction but an ability for the 
USG to exercise military justice) (DELETION:  except in those 
cases of particular importance to the Republic of Trinidad 
and Tobago, if Trinidad and Tobago determines that the case 
of particular importance, it would communicate such a 
determination to the united states authorities within fifteen 
(15) days of the discovery of the alleged offense giving rise 
to such a case.) 
 
The Government of the Republic of Trinidad and Tobago shall 
designate the United States of America in accordance with the 
Visiting Forces Act, Act No. 8 of 2007, such designation to 
be for the duration of 2009. 
 
(ADDITION: The Government of Trinidad and Tobago confirms 
that under section 5 of the Visiting Forces Act, United 
States personnel are immune from the civil and criminal 
jurisdiction of Trinidad and Tobago in respect to actions 
taken in the course of their official duties.  The Embassy 
further proposes that, in the exercise of its sovereignty, 
the Government of Trinidad and Tobago waive its right to 
exercise criminal jurisdiction over United States personnel 
for actions not taken in the course of their official 
duties.) (IF NEEDED ADDITION IF GOTT OBJECTS TO FULL WAIVER: 
except those cases of particular importance to the republic 
of Trinidad and Tobago.  If Trinidad and Tobago determines 
that a case is of particular importance, it shall communicate 
such a determination to the United States authorities within 
fifteen (15) days of the discovery of the alleged offense 
giving rise to such a case.  If Trinidad and Tobago does not 
communicate this determination to the United States within 
fifteen (15) days of the discovery of the alleged offense 
giving rise to such a case, the Government of Trinidad and 
Tobago shall be deemed to have waived its right to exercise 
criminal jurisdiction over United States personnel for the 
alleged offense(s).) 
 
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 in 
connection with activities under this agreement within 
Trinidad and Tobago and that the United States Department of 
Defense and United States personnel may import into, export 
out of, and use in Trinidad and Tobago 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 Trinidad and 
Tobago. (DELETION: The Government of the United States of 
America shall certify that the aforementioned items imported 
by united states personnel are for purposes connected to 
activities under this agreement.) (ADDITION: The Government 
of the United States certifies that the aforementioned items 
imported by United States personnel shall be for purposes 
connected to activities under this agreement.)  The 
Governments of the United States of America and Trinidad and 
Tobago 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 Trinidad and Tobago. 
 
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 Trinidad and Tobago except for those areas where 
access may be restricted, 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  Trinidad and Tobago.  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 Trinidad and Tobago.  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 Trinidad and Tobago 
less taxes and similar charges.  Aircraft and vessels of the 
United States Government shall be free from boarding and 
inspection. 
 
The Embassy also proposes that the United States Department 
of Defense may contract for any materiel, supplies, 
equipment, and services (including construction) to be 
furnished or undertaken in Trinidad and Tobago without 
restriction as to choice of contractor, supplier, or person 
who provides such materiel, supplies, equipment, or services. 
 Such contracts shall be solicited, awarded, and administered 
in accordance with the laws and regulations of the Government 
of the United States of America. Acquisition of articles and 
services in Trinidad and Tobago by or on behalf of the United 
States Department of Defense in connection with activities 
under this Agreement shall not be subject to any taxes or 
similar charges in Trinidad and Tobago. 
 
The Embassy further proposes that United States contractors 
shall not be liable to pay any tax or similar charge assessed 
within Trinidad and Tobago in connection with activities 
under this Agreement and that such contractors may import 
into, export out of, and use in Trinidad and Tobago any 
personal property, equipment, supplies, material, technology, 
training, or services in fulfillment of contracts with the 
United States Department of Defense in connection with 
activities under this Agreement.  Such importation, 
exportation, and use shall be exempt from any license, other 
restrictions, customs duties, taxes, or any other charges 
assessed within Trinidad and Tobago. 
 
The Embassy proposes that United States contractors shall be 
granted the same treatment as United States personnel with 
respect to professional and drivers, licenses. (DELETION: 
where the driving permits are issued by countries other than 
the United States of America, the relevant United States 
authorities shall inform the government of Trinidad and 
Tobago of the same so that the necessary provisions can be 
put in place.) 
 
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 Trinidad and Tobago 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 as assigned by the relevant Trinidad and 
Tobago authorities 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 Trinidad 
and Tobago, 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. 
 
END NOTE TEXT. 
 
¶5.  (U) Post is requested to inform the Department by front 
channel cable of the delivery of the draft note to the MFA 
and MOD officials and any discussions that take place on that 
occasion.  Additionally, post is requested to provide 
periodic updates on the status of the draft SOFA with host 
nation officials. 
 
¶6.  (U) Any host country proposals for changes to the U.S. 
text should be referred to the Department.  State POCs are 
Michael Fortin and Jonathan Mitchell, WHA/CAR (202-647-5088) 
and CDR Tom Herold, L/PM (202-647-7563).  DoD POCs are Walter 
Earle, OSD/WHA (703-697-3327) and Ashley Richardson 
(703-697-3514). 
 
¶7.  (U) Upon conclusion of the exchange of notes, post 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 Trinidad and Tobago note with a cerified copy of 
the U.S. note to the Department, L/T, room 5420, att: Daphne 
Cook. 
CLINTON