VZCZCXYZ0002
PP RUEHWEB

DE RUEHC #0240 1352127
ZNR UUUUU ZZH
P R 152114Z MAY 09
FM SECSTATE WASHDC
TO RUEHZP/AMEMBASSY PANAMA PRIORITY 4789
INFO RUEKJCS/SECDEF WASHINGTON DC

UNCLAS STATE 050240 
 
SENSITIVE 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PGOV PREL PM
SUBJECT: GUIDANCE ON RESPONSE TO DIPNOTE 231/09 ON VICTIMS 
OF OPERATION JUST CAUSE 
 
REF: PANAMA 94 
 
¶1.  (SBU) Summary and Action Request.  This cable provides 
guidance, as requested in reftel, for Embassy Panama to 
respond to Diplomatic Note 231/09 from the Panamanian 
Ministry of Foreign Affairs (MFA).  Please deliver the 
followingresponse to the MFA. 
 
¶2.  (SBU) Begin text: 
 
(Complimentary Opening) and refers to the Ministry,s 
diplomatic note AJ. 231/09 concerning claims in connection 
with the U.S. military action in December, 1989.  In 
response, the Embassy is pleased to provide the 
following information: 
 
The U.S. Department of State has raised this matter with 
appropriate offices in the U.S. Department of Defense.  The 
Embassy understands that claims were presented to the U.S. 
Army Claims Service by a number of Panamanian citizens 
following the 1989 U.S. military action ("Operation Just 
Cause").  The Embassy further understands that claims were 
evaluated on a case-by-case basis and paid, if determined to 
be incident to non-combat activities of the U.S. Armed 
Forces, but that claims for damages resulting solely from 
combat activities were not paid.  Lawyers for Panamanian 
claimants were advised that there is no U.S. legal authority 
to pay damages for claims arising out of Operation Just 
Cause, except as they were incident to non-combat activities 
of the U.S. Armed Forces.  The U.S. Foreign Claims Act does 
not authorize payment of claims for damages resulting from 
combat activities.  If the attorney on behalf of whom the 
Ministry is inquiring represents specific persons who wish to 
know the disposition of any claims that were previously 
filed, it is suggested that she contact the U.S. Army Claims 
Service with specific information regarding the claim (date 
filed, name of claimant, damage claimed, etc.).  She may also 
wish to consult competent counsel in the United States 
regarding other questions she may have. 
 
In this connection, the Embassy wishes to draw attention to 
the fact that this issue also should be considered in the 
broader context of the substantial U.S. assistance programs 
for Panama that were established following Operation Just 
Cause.  In particular, the U.S. Congress appropriated $420 
million in Economic Support Funds in support of Panama in May 
1990, and the U.S. Agency for International Development 
(USAID) allocated those funds to economic recovery, private 
sector reactivation, and development projects.  Please note 
that the development projects included a project to fund 
replacement housing and living allowances for households in 
the El Chorrillo District of Panama City and in other areas 
where housing was damaged during Operation Just Cause and 
included a project in support of the rehabilitation of the 
"24 de Deciembre" apartment 
complex that suffered damage during Operation Just Cause. 
Although information concerning these U.S. assistance 
programs for Panama may be available from a number of 
sources, the Embassy wishes to draw the Ministry,s attention 
to several reports on this subject issued by the U.S. General 
Accounting Office (now the U.S. Government  Accountability 
Office) during the period 1990-1993, which are readily 
available on the U.S. Government Accountability Office,s 
website. 
 
The Embassy hopes that this information will be of assistance 
to the Ministry. (Complimentary closing) 
 
End text 
CLINTON