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DE RUEHBO #2073/01 1811942
ZNY CCCCC ZZH
P 301942Z JUN 09
FM AMEMBASSY BOGOTA
TO RUEHC/SECSTATE WASHDC PRIORITY 9568
INFO RUEHBR/AMEMBASSY BRASILIA PRIORITY 9009
RUEHCV/AMEMBASSY CARACAS PRIORITY 2398
RUEHPE/AMEMBASSY LIMA PRIORITY 7697
RUEHZP/AMEMBASSY PANAMA PRIORITY 3793
RUEHQT/AMEMBASSY QUITO PRIORITY 8394
RUEKJCS/JOINT STAFF WASHINGTON DC PRIORITY
RUEKJCS/SECDEF WASHDC PRIORITY
RUEAIIA/CIA WASHDC PRIORITY
RHEHNSC/NSC WASHDC PRIORITY
RUEAWJA/DEPT OF JUSTICE WASHDC PRIORITY
RUCNFB/FBI WASHINGTON DC PRIORITY
RHMFISS/CDR USSOUTHCOM MIAMI FL PRIORITY

C O N F I D E N T I A L BOGOTA 002073 

SIPDIS 

E.O. 12958: DECL: 06/26/2019 
TAGS: MARR PREL MOPS PGOV MCAP KTIA PTER CO
SUBJECT: SIGNIFICANT PROGRESS ACHIEVED DURING FOURTH ROUND 
OF COLOMBIA DCA TALKS 

REF: BOGOTA 01334 

Classified By: Political Counselor John Creamer 
Reasons 1.4 (b and d) 

SUMMARY 
-------- 
¶1. (C) U.S. and Colombian delegations made swift and 
significant progress during the fourth round of Defense 
Cooperation Agreement (DCA) talks, held in Bogota on June 
23-25.  The two sides reached nearly complete agreement on 
roughly eighty percent of the DCA text.  President Uribe's 
instructions to his delegation to press ahead quickly paid 
clear dividends, as the GOC team showed increased flexibility 
on several key issues.  Foreign Minister Bermudez expressed 
optimism that the few remaining substantive issues could be 
quickly overcome.  The fifth and possibly final round of 
talks is scheduled to take place in Washington D.C. on July 
29-31.  A detailed list of the status of the DCA's twenty-six 
articles is included in paragraph seven below.  End summary. 

DCA ROUND FOUR 
-------------- 
¶2. (C) The U.S. and Colombian delegations convened in Bogota 
on June 23-25 for the fourth round of negotiations on the 
DCA.  Deputy Foreign Minister ClemenciaForero, Deputy 
Defense Minister Juan Pinzon, and Deputy Defense Minister 
Sergio Jaramillo led the Colombian delegation.  PM Senior 
Advisor Ambassador Jackson McDonald headed the U.S. 
delegation comprised of State and DOD representatives. 


URIBE'S PRESSURE YIELDS DIVIDENDS 
--------------------------------- 
¶3. (C) The three Colombian Vice Ministers began the talks by 
stressing President Uribe's emphatic instructions to his 
delegation to move ahead as quickly as possible.  This 
pressure paid clear dividends at the negotiating table, as 
the GOC team showed much greater flexibility than in the past 
and made a number of concessions on key provisions, such as 
the ability of USG personnel to carry weapons.  The two 
delegations made swift and significant progress, reaching 
nearly complete agreement on the text of 20 of the 
agreement's 26 articles.  A detailed list of the status of 
the DCA articles is included in paragraph 7 below. 

FEW STICKING POINTS REMAIN 
-------------------------- 
¶4. (C) The following substantive issues remain to be resolved 
in the DCA:  a) payment of fees and other charges for U.S. 
vehicles, aircraft and vessels in Article VI; b) the ability 
of the USG to exercise UCMJ jurisdiction and conduct courts 
martial in Colombian territory in Article VIII; c) tax and 
customs treatment in Article X; d) freedom of movement of USG 
personnel in Article XI; and e) claims related to USG 
contractors in Article XX.  The delegations identified 
possible solutions for several of these provisions and plan 
to discuss them in a technical meeting prior to the next 
plenary negotiation. 

FOREIGN MINISTER OPTIMISTIC 
--------------------------- 
¶5. (C) In a closing meeting on June 25, Colombian Foreign 
Minister Jaime Bermudez congratulated the delegations for the 
progress achieved during Round IV and expressed optimism that 
the remaining issues could be resolved.  He emphasized that 
there is great political will on the part of the GOC to 
conclude an agreement, and noted that President Uribe plans 
to raise the DCA with President Obama during their meeting in 
Washington on June 29. 

NEXT STEPS 
---------- 
¶6. (C) The delegations agreed to meet for a fifth round of 
DCA negotiations in Washington on July 29-31.  Time will tell 
whether this next round will suffice to resolve the remaining 
differences, which are small in number but difficult in 
substantive terms.  The two sides also agreed to form a 
technical working group to discuss possible solutions to the 
remaining issues during the week of July 6. 


DETAILED STATUS OF DCA ARTICLES 
------------------------------- 
¶7. (C) The following is a detailed list of the status of the 
25 articles in the DCA: 

Complete provisional agreement reached on the preamble and 
the following sixteen articles: 

Preamble 
Article II Bilateral Defense and Security Consultations 
Article III Goal of Cooperation and Technical Assistance in 
Defense and Security 
Article V Aircraft Entrance and Overflight Authorization 
Procedures 
Article VII Respect for Domestic Law 
Article IX Entry, Exit and Travel Documentation 
Article XI Construction 
Article XII Contracting and Contractors 
Article XIV Administrative Facilitation 
Article XV Uniforms and Weapons 
Article XVI Security 
Article XVII Vehicle Licenses, Registration, Insurance and 
Professional Licenses 
Article XXI Environment, Health and Safety 
Article XXII Facilitation of Aircraft Riders 
Article XXIII Implementation, Evaluation and Amendment 
Article XXIV Resolution of Disagreements 
Article XXV Entry into force and duration 

Nearly complete provisional agreement reached on the 
following four articles: 

Article IV Access, Use and Ownership of Agreed Facilities and 
Locations 
Article XIII Utilities 
Article XIX Claims 
Article XX Postal Services and Communication 

Substantive differences remain in the following six articles: 

Article I Definitions 
Article VI Payment of Fees and Other Charges 
Article VIII Status of Personnel 
Article X Importation, Exportation, Acquisition and Use 
Article XI Freedom of Movement 
Article XVIII Tax Exemptions 

¶8. (U) This cable was reviewed by Ambassador McDonald. 
Nichols 

=======================CABLE ENDS============================