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DE RUEHMU #0369 0932258
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O 032258Z APR 09
FM AMEMBASSY MANAGUA
TO RUEHC/SECSTATE WASHDC IMMEDIATE 3999
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C O N F I D E N T I A L MANAGUA 000369 
 
SIPDIS 
 
DEPT FOR WHA/CEN AND WHA/PPC 
DEPT FOR PM/SNA AND L/T AND L/PM 
OSD FOR MITCHELL AND EARLE 
SOUTHCOM FOR POLAD AND LTG SPEARS 
COMFORT FOR COMMODORE LINEBERRY 
 
E.O. 12958: DECL: 04-01-2018 
TAGS: MARR MOPS PREL KTIA NU
SUBJECT: NICARAGUA SOFA -- GON AGREES TO ONE-YEAR ROLL-OVER 
FOR 2009 
 
REF: A. 2008 STATE 130453 
     ¶B. 2008 MANAGUA 1109 
     ¶C. 2008 STATE 2677 
 
Classified By: Ambassador Robert J. Callahan for reasons 1.4 (b) & (d). 
 
¶1.  (C) As noted in REF A, on August 8, 2008, AmEmbassy 
Managua and the Government of Nicaragua completed an exchange 
of diplomatic notes regarding the Status of Forces Agreement 
(SOFA) and customs procedures for U.S. Forces in Nicaragua 
for exercises, visits and other cooperative activities during 
¶2008.  On December 12, 2008, in accordance with REF A 
instructions, we presented to the GON the text for a simple 
roll-over for activities during 2009.  We stressed that the 
text was substantially identical to the notes exchanged on 
August 8, 2008, except to reflect future activities and 
dates. 
 
¶2.  (C) On 20 January, 2009, the National Assembly approved a 
roster of proposed international military cooperation 
activities for 2009 that had been submitted by the Nicaraguan 
military.  This roster included the 2009 activities proposed 
by USMLGP.  This vote satisfied the requirement, under the 
Nicaraguan Constitution, that any entry of foreign military 
personnel and any external deployment of Nicaraguan military 
personnel receive prior approval from the National Assembly. 
From the 20 January date, these military cooperation 
activities, including those with USMLGP, were legally 
authorized.  However, standard SOFA protections were not 
available in the absence of the exchange of notes. 
 
¶3.  (C) Subsequent to the 12 December delivery of our 
diplomatic note, in all our conversations with MINREX, we 
repeatedly raised the SOFA issue.  We also raised the topic 
with contacts at Nicaraguan military and Ministry of Defense 
(MOD).  Each of our contacts indicated that the GON had no 
major concerns about our proposed roll-over text.  However by 
early-February when there was still no GON reply, it became 
clear to us that delays were due to communications problems 
primarily between MINREX and MOD.  We stepped up USG 
pressure, raising SOFA at senior levels, including during a 
February 18 meeting between Southcom Deputy Commander LTG 
Spears and Ministry of Defense Secretary General Ruth Tapia 
Roa.  Finally, during face-to-face meetings on March 13 and 
again on March 26, 2009, we convinced MINREX America's 
Division Director Renee Morales that MINREX should convene a 
GON interagency meeting to resolve any internal GON concerns 
and obtain sufficient closure to respond to our text.  This 
meeting took place earlier this week. 
 
¶4.  (C) On April 2, 2009, we were informed by Morales, via 
email, that the GON had reached internal agreement, and that 
the SOFA reply note had been signed.  We received the 
original signed notes on April 3, 2009.  We have forwarded 
scanned copy of the notes to WHA/CEN and Southcom and will 
pouch originals to L/T per REF A instructions. 
 
¶5.  (C) We appreciate Washington's patience throughout this 
process and are pleased to report that the process took only 
half as long as during 2008.  We await additional Department 
instructions regarding whether and how to engage the GON 
regarding the possibility of a multiple-year SOFA. 
CALLAHAN