VZCZCXYZ0000
OO RUEHWEB

DE RUEHBH #0126/01 0612101
ZNR UUUUU ZZH
O 022101Z MAR 09
FM AMEMBASSY NASSAU
TO SECSTATE WASHDC IMMEDIATE 6161

UNCLAS NASSAU 000126 
 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: KTIA MARR MOPS PM PREL BF
SUBJECT: AGREEMENT WITH BAHAMAS ON STATUS OF FORCES FOR 
EXERCISE TRADEWINDS FROM MARCH 4, THROUGH MARCH 18, 2009 
 
REF: SECSTATE 10122 
 
¶1. This is an action cable.  See paragraph 4. 
 
¶2. The Ministry of Foreign Affairs of the Commonwealth of The 
Bahamas (MFA) submitted the attached diplomatic note (full 
text at paragraph 2) on March 27 in response to U.S. proposed 
draft language as contained in Reftel.  The MFA advised the 
Embassy that the proposed language reverts back to the 2005 
diplomatic note text agreed upon for the 2005 Exercise 
TRADEWINDS.  The 2009 exercise is scheduled to start March 4 
and MFA explained that their Attorney General's office 
recommended the 2005 language in order to have an agreement 
in place in time for the exercise start.  U.S. forces are 
currently operating on a waiver signed February 6 by 
MARFORSOUTH Commander, "authorizing the deployment of U.S. 
forces to The Bahamas for TRADEWINDS 09 without SOFA 
protections in place." Post is requesting guidance on MFA 
proposed language. 
BEGIN TEXT: 
 
¶3. The Ministry of Foreign Affairs of the Commonwealth of The 
Bahamas presents its compliments to the Embassy of the United 
States of America and has the honour to refer to recent 
discussions between representatives of the United States and 
the Government of the Commonwealth of The Bahamas regarding 
issues related to Exercise Tradewinds. 
 
Specifically, the Ministry wishes to refer to the issues 
related to the status of The United States military and 
civilian personnel and wishes to propose that the text in 
this regard for the 2005 Exercise Tradewinds be used for the 
2009 Exercise Tradewinds as follows: 
 
With regard to members of the Armed Forces of the United 
States and civilian personnel of the United States Department 
of Defense (collectively referred to as United States 
personnel) who may be temporarily present in The Bahamas in 
connection with the Tradewinds 2009 exercise scheduled from 
4th March, 2009 through 18th March, 2009, the Ministry 
proposes that such personnel be accorded a status 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 18th 1961.  It 
shall be the responsibility of United States personnel to 
respect the laws of The Bahamas and to abstain from any 
activity inconsistent with the spirit of this agreement. 
Authorities of the government of the United States of America 
shall take all necessary measures to that end.  The 
authorities of The Bahamas and United States Military Police 
investigators shall cooperate in the investigation and, where 
appropriate, prosecution of any crime believed to have been 
committed by or against United States personnel. 
 
Further, that United States personnel will be permitted to 
enter and exit The Bahamas with United States identification 
and with collective movement or individual travel orders that 
authorities of The Bahamas shall accept as valid, without a 
driving fee or test, driving licenses or permits issued by 
the appropriate United States authorities to United States 
personnel for the operation of vehicles; that vehicles will 
be operated in so far as operationally possible in conformity 
with Bahamian traffic regulations; and that such personnel 
will be permitted to wear uniforms when performing official 
duties and to carry weapons when their orders call for it, 
provided that attempts shall be made to minimize any public 
display of such weapons. 
 
The Government of the Commonwealth of The Bahamas will accord 
duty-free importation and exportation, as well as exemption 
from inspection and taxation on products, property, material, 
equipment, vehicles, vessels and aircraft imported into, 
acquired in or exported from The Bahamas by or on behalf of 
the United States Government or United States personnel in 
connection with their activities under this agreement; 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 The Bahamas. 
 
United States personnel may deploy with all authorized unit 
and individual equipment.  Maintenance, control and security 
of such equipment are the responsibility of the United States 
Government.  Baggage, personal effects, and other property 
for the personal use by the United States personnel may be 
imported into and used in The Bahamas in connection with 
activities under this agreement. 
 
Title to United States Government property (such as 
equipment, material, supplies and other property) imported 
into or acquired in The Bahamas by or on behalf of the United 
States Government in connection with activities under this 
agreement shall remain with the United States Government 
which may remove such property from The Bahamas from at any 
 
time, free from export, duties, taxes and other charges. 
United States Government and other personal property may be 
removed from The Bahamas, or disposed of therein, provided 
that disposition of such property in The Bahamas to persons 
or entities not entitled to exemption from applicable taxes 
or duties under this agreement shall be subject to payment of 
such taxes and duties by such persons or entities. 
 
The United States personnel in The Bahamas shall enjoy 
freedom of movement and the right to undertake those 
activities deemed necessary for the performance of their 
mission in connection with their activities under this 
agreement and vehicles, vessel, and aircraft owned by or 
operated by or the United States Armed Forces shall be 
subject to the payment of landing or port fees, pilotage 
charges, navigation, overflight or parking charges or 
lighterage or harbor dues, or other similar fees while in The 
Bahamas; however, the United States Armed Forces shall pay 
reasonable charges for services requested and received. 
Vehicles owned by the United States Armed Forces need not be 
registered, but shall have appropriate identification 
markings. 
 
The Government of the Commonwealth of The Bahamas shall 
accept as valid, for the purposes of activities performed in 
the course of the exercise, professional licenses issued by 
the appropriate United States Government authorities to 
United States personnel involved in the Tradewinds 2009 
exercise. 
 
The United States Armed Forces personnel may use water, 
electricity, and other public utilities and facilities on 
terms and conditions, including rates and charges, no less 
favorable that those available to the Bahamian Defense 
Forces, in like circumstances, unless otherwise agreed.  The 
Government of the Commonwealth of The Bahamas shall, upon 
request, assist the United States authorities in obtaining 
water, electricity and other public utilities and facilities. 
 
Bahamian authorities shall permit the United States Armed 
Forces and United States personnel to use radio 
communications for the conduct of the official duties of the 
United States personnel in connection with their activities 
under this agreement.  The responsible Bahamian authorities 
shall notify the United States Armed Forces of the radio 
frequencies to be used for local and international official 
duties. 
 
In the event that agreed activities involve the use of a 
contractor, the United States Government may award contracts 
for acquisitions of articles and services, in accordance with 
United States laws and regulations.  The United States 
government shall have the right to choose such contractors, 
and United States contractors not normally residence in The 
Bahamas and their employees 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 Governments of The Bahamas and the United States shall 
waive any and all claims other than contractual claims 
against each other for damage or loss or destruction of the 
other,s property or injury or death to the personnel of 
either party arising out of the performance of their official 
duties in connection with their activities under this 
agreement.  Claims by third parties for damages or loss 
caused by United States personnel will be resolved by the 
United States Government in accordance with United States 
laws and regulations.  Contractual claims shall be dealt with 
in accordance with the provisions of the contract.  Claims 
arising under this agreement shall not be affected by the 
expiration of this agreement on 18 March 2009. 
 
Additional arrangements as may be necessary may be entered 
into by the appropriate authorities of the two governments 
for the effective operation of this agreement. 
 
The Government of The Bahamas and the United States agree to 
consult as necessary to resolve any questions relating to the 
interpretation of this agreement of any claims arising under 
this agreement including third party claims involving 
citizens or permanent residents of The Bahamas. 
 
The Ministry of Foreign Affairs of the Commonwealth of The 
Bahamas avails itself of this opportunity to renew to the 
Embassy of the United States of America, the assurances of 
its highest consideration. 
 
END TEXT. 
 
¶4.  ACTION REQUEST.  Post requests guidance on the proposed 
 
language contained in the MFA diplomatic note. 
 
 
ZUNIGA-BROWN