VZCZCXYZ0019
OO RUEHWEB

DE RUEHC #9290 0851851
ZNR UUUUU ZZH
O R 261834Z MAR 09
FM SECSTATE WASHDC
TO RUEHZP/AMEMBASSY PANAMA IMMEDIATE 0000
INFO RHMFISS/JOINT STAFF WASHINGTON DC
RUEKJCS/SECDEF WASHINGTON DC
RHMFISS/CDR USSOUTHCOM MIAMI FL

UNCLAS STATE 029290 
 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: KTIA MARR MOPS PM PREL US
SUBJECT: AGREEMENT WITH PANAMA ON STATUS OF FORCES FOR A 
MEDICAL READINESS TRAINING EXERCISE FROM APRIL 11-25, 2009 
(REVISED TO CORRECT DATE) 
 
REF: A. STATE 049307 (2006) 
 
¶1.  THIS IS AN ACTION REQUEST.  SEE PARAGRAPHS 2, 5, & 6. 
 
¶2.  DOD HAS ASKED THE DEPARTMENT TO SECURE STATUS PROTECTIONS 
FOR U.S. MILITARY PERSONNEL WHO WILL BE PRESENT IN PANAMA, 
FROM APRIL 11 - 25, 2009, IN CONJUNCTION WITH A MEDICAL 
READINESS TRAINING EXERCISE.  POST IS REQUESTED TO 
IMMEDIATELY PROPOSE TO THE GOVERNMENT OF PANAMA 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. 
(COMMENT: WITH THE EXCEPTION OF THE ACTIVITY, THE TEXT IS 
SUBSTANTIALLY SIMILAR TO THAT IN REFTEL.) 
 
¶3.  BEGIN TEXT OF DRAFT NOTE: (COMPLIMENTARY OPENING) AND HAS 
THE HONOR TO REFER TO RECENT DISCUSSIONS BETWEEN 
REPRESENTATIVES OF THE TWO GOVERNMENTS REGARDING THE STATUS 
OF UNITED STATES PERSONNEL, AS DEFINED IN THE EMBASSY,S NOTE 
NO. 834, DATED JULY 3, 2001, AND THE MINISTRY,S NOTE DM NO. 
0301/2001, DATED JULY 10, 2001, WHO MAY BE TEMPORARILY 
PRESENT IN PANAMA IN CONNECTION WITH A MEDICAL READINESS 
TRAINING EXERCISE FROM APRIL 11 - 25, 2009.  UNITED STATES 
PERSONNEL PARTICIPATING IN THIS EXERCISE WILL TOTAL 
APPROXIMATELY FIFTEEN (15), AND WILL BE IN UNIFORM AS 
AUTHORIZED.  THE PURPOSE OF THE VISIT IS TO CONDUCT MEDICAL 
READINESS TRAINING.  The Panamanian counterpart is Dr. 
FEDERICO AVILA, Regional Director, Ministry of Health, 
CHIRIQUI. 
 
THE EXERCISE WILL TAKE PLACE IN DAVID, CHIRIQUI. 
 
 
AS A RESULT OF THESE DISCUSSIONS, THE EMBASSY PROPOSES THAT 
UNITED STATES PERSONNEL SHALL 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 18, 1961 (VIENNA 
CONVENTION).  THE UNDERSTANDINGS CONTAINED IN THE EMBASSY,S 
NOTE NO. 835 DATED JULY 3, 2001 AND THE MINISTRY,S REPLY IN 
NOTE NO. D.M. 0300/2001 DATED JULY 10, 2001, SHALL APPLY. 
 
UNITED STATES PERSONNEL SHALL BE PERMITTED TO ENTER AND EXIT 
PANAMA WITH UNITED STATES IDENTIFICATION AND WITH COLLECTIVE 
MOVEMENT OR INDIVIDUAL TRAVEL ORDERS, IN ACCORDANCE WITH AN 
AGREEMENT ON NON-IMMIGRANT VISAS BETWEEN THE UNITED STATES 
AND PANAMA, WHICH HAS BEEN IN FORCE SINCE JUNE 1, 1956, AS 
AMENDED, EXCEPT THAT THE GOVERNMENT OF PANAMA SHALL WAIVE THE 
REQUIREMENT FOR TOURIST CARDS AND RELATED FEES.  PANAMANIAN 
AUTHORITIES SHALL ACCEPT AS VALID DRIVING LICENSES OR PERMITS 
ISSUED BY THE APPROPRIATE U.S. AUTHORITIES TO UNITED STATES 
PERSONNEL FOR OPERATION OF VEHICLES; AND SUCH PERSONNEL SHALL 
BE AUTHORIZED TO WEAR U.S. GOVERNMENT ATTIRE (UNIFORMS) AND 
TO CARRY AUTHORIZED EQUIPMENT WHEN REQUIRED FOR THEIR MISSION 
WHILE PERFORMING OFFICIAL DUTIES. 
 
THE EMBASSY OF THE UNITED STATES FURTHER PROPOSES THAT THE 
GOVERNMENT OF PANAMA ACCORD DUTY-FREE IMPORTATION AND 
EXPORTATION, AS WELL AS EXEMPTION FROM INSPECTION AND 
TAXATION OF PRODUCTS, PROPERTY, MATERIEL, AND EQUIPMENT 
IMPORTED INTO, ACQUIRED IN, OR EXPORTED FROM PANAMA BY OR ON 
BEHALF OF THE U.S. GOVERNMENT OR ITS PERSONNEL IN CONNECTION 
WITH THEIR MISSION IN PANAMA, EXCEPT THAT UNITED STATES 
PERSONNEL SHALL NOT BE EXEMPT FROM PANAMANIAN TAXES ON ITEMS 
PURCHASED IN PANAMA FOR THEIR PERSONAL USE. 
 
THE TWO GOVERNMENTS SHALL COOPERATE IN TAKING THE NECESSARY 
STEPS TO ENSURE THE SECURITY OF UNITED STATES PERSONNEL AND 
PROPERTY IN PANAMA. 
 
VESSELS AND AIRCRAFT OWNED OR OPERATED BY OR FOR UNITED 
STATES ARMED FORCES SHALL NOT BE SUBJECT TO PAYMENT OF 
LANDING OR PORT FEES, PILOTAGE CHARGES, NAVIGATION, 
OVERFLIGHT OR PARKING CHARGES OR LIGHTERAGE OR HARBOR DUES 
WHILE IN PANAMA, EXCEPT FOR THE CHARGES RELATED TO THE NORMAL 
TRANSIT OF THE PANAMA CANAL, PREVIOUSLY AGREED TO; THE UNITED 
STATES ARMED FORCES SHALL PAY REASONABLE CHARGES FOR SERVICES 
REQUESTED AND RECEIVED. 
 
IT SHALL BE THE RESPONSIBILITY OF UNITED STATES PERSONNEL TO 
RESPECT THE LAWS OF PANAMA AND TO ABSTAIN FROM ANY ACTIVITY 
INCONSISTENT WITH THE SPIRIT OF THEIR MISSION. AUTHORITIES OF 
THE GOVERNMENT OF THE UNITED STATES OF AMERICA SHALL TAKE THE 
NECESSARY STEPS TO THAT END. 
 
APPROPRIATE PANAMANIAN AND U.S. MILITARY OR CIVILIAN POLICE 
AUTHORITIES SHALL COOPERATE IN THE INVESTIGATION OF ANY CRIME 
BELIEVED TO HAVE BEEN COMMITTED BY OR AGAINST UNITED STATES 
PERSONNEL. 
 
THE GOVERNMENT OF PANAMA SHALL ACCEPT FULL RESPONSIBILITY 
FOR, AND SHALL HOLD THE UNITED STATES GOVERNMENT HARMLESS 
FROM, ANY AND ALL CLAIMS ARISING FROM THE USE OF PROJECTS 
CONSTRUCTED, OR IN THE PROCESS OF BEING CONSTRUCTED IN WHOLE 
OR IN PART, BY UNITED STATES PERSONNEL IN CONNECTION WITH 
THEIR MISSION IN PANAMA. 
 
FINALLY, 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 THE 
OTHER,S PROPERTY ARISING OUT OF ACTIVITIES COVERED BY THIS 
AGREEMENT.  THE UNITED STATES 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 WHICH ARE 
OTHERWISE INCIDENT TO AGREED ACTIVITIES BY UNITED STATES 
PERSONNEL IN CONNECTION WITH THEIR MISSION IN PANAMA. 
 
ADDITIONAL ARRANGEMENTS AS MAY BE NECESSARY MAY BE ENTERED 
INTO BY THE APPROPRIATE AUTHORITIES OF THE TWO GOVERNMENTS. 
 
THE EMBASSY OF THE UNITED STATES OF AMERICA PROPOSES THAT 
THIS NOTE AND THE MINISTRY,S REPLY THERETO SHALL CONSTITUTE 
AN AGREEMENT BETWEEN THE TWO GOVERNMENTS ON THIS SUBJECT AND 
THAT ITS PROVISIONS SHALL ENTER INTO FORCE AS OF THE DATE OF 
THE MINISTRY,S REPLY.  (COMPLIMENTARY CLOSING.)  END TEXT. 
 
¶4.  (U) THE SUGGESTED REPLY OF THE GOVERNMENT OF PANAMA 
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 PANAMA 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.  (U) ANY HOST COUNTRY PROPOSAL FOR CHANGES TO THE U.S. 
TEXT SHOULD BE REFERRED TO THE DEPARTMENT.  STATE POCS ARE 
MARSHA SINGER, WHA/CEN, 202-647-3505, OR CDR TOM HEROLD, 
L/PM, 202-647-7563.  THE DEPARTMENT OF DEFENSE POCS ARE DAVID 
CLOE, 703-697-3628, AND WALTER EARLE, OSD/WHA, 703-697-3327. 
 
¶6.  (U) 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