VZCZCXYZ0000
RR RUEHWEB

DE RUEHZP #0568/01 1972145
ZNY CCCCC ZZH
R 162145Z JUL 09
FM AMEMBASSY PANAMA
TO RUEHC/SECSTATE WASHDC 3599
INFO RHMFISS/CDR USSOUTHCOM MIAMI FL
RUEAIIA/CIA WASHDC
RHEFDIA/DIA WASHDC
RHMFISS/JOINT STAFF WASHINGTON DC
RHEHAAA/NSC WASHDC
RUEKJCS/SECDEF WASHDC

C O N F I D E N T I A L PANAMA 000568 
 
SIPDIS 
 
E.O. 12958: DECL: 07/10/2019 
TAGS: PGOV PREL PM
SUBJECT: PANAMA: GREATER COORDINATION NEEDED ON TDN NOTES 
FOR SOFA PRIVILEGES 
 
Classified By: CHARGE DAVID R. GILMOUR FOR REASONS 1.4 (b) and (d) 
 
¶1. (U) This is an action request. See paragraph 4. 
 
------------------------------ 
Late Dipnotes Causing Problems 
------------------------------ 
 
¶2.  (C)  The process of obtaining privileges for U.S. 
military forces operating on training or high value transit 
(HVT) missions in Panama is not functioning adequately, due 
to long delays by DOD and DOS in clearing the dipnotes needed 
to request such privileges from the GOP. Because there is no 
Status of Forces Agreement (SOFA) with Panama, SOFA-like 
privileges require the exchange of a dipnote for each 
mission, called Temporary Duty Notices (TDNs). The text of 
the dipnote has been negotiated between the USG and the GOP, 
and never changes, except for five specific data points for 
each exercise. Despite the limited number of changes in each 
note, the clearance process has become a serious challenge to 
timely submission of these notes, which require a minimum of 
ten business days lead time to give the MFA sufficient time 
to process the requests. Post has experienced repeated 
problems with late arrival of cables authorizing Post to send 
the dipnotes to the MFA.  The latest example was a six month 
blanket request for SOFA-like privileges for the Mobile 
Security Detachments that protect nuclear submarines 
transiting the Panama Canal. Post was able to get the note 
signed by the Vice Minister of Foreign Affairs at 1703 local 
time on July 4, minutes before the cut off time for canceling 
the transit, and two days before the transit itself. Vice 
Minister Meliton Arrocha signed the note despite not fully 
understanding the process on his third day on the job, due to 
the urgency of the case. 
 
¶3.  (C)  A timeline of the dipnote process supplied by Post's 
Office of Defense Cooperation (ODC) indicates that the draft 
note was sent from SOUTHCOM to Joint Staff/OSD on December 
16, 2008, and returned to SOUTHCOM for clarification on May 
¶19. The note was not returned to JS/OSD until June 16, after 
which it was sent to DOS on June 18, and sent to Post on June 
¶22. The refusal of the outgoing government to sign anything 
in the week before the Presidential Inauguration on July 1 
held matters up until July, after which EmbOffs had to 
heavily engage their new GOP counterparts immediately to 
clear the note. Post had had to similarly engage with the 
outgoing GOP a few weeks before to get a TDN approved for a 
MARFORSOUTH marksmanship training exercise. The same thing 
has happened on numerous occasions over the last year, 
requiring Post to continually ask favors of high ranking MFA 
officers to clear TDN requests that Post has submitted late. 
In all cases, the extremely slow clearance process has been 
responsible for the delay, with both DOD and DOS offices 
responsible. In several cases, Post has had to consider 
postponing training exercises or transits due to the delay in 
receiving the TDN notes, and the short fuse requests to the 
MFA. Post would like to point out that up to now, every event 
has been able to go forward due to the outstanding 
cooperation of the MFA in approving dipnotes that they had 
received late. 
 
--------------------- 
Please Take Ownership 
--------------------- 
 
¶4.  (C)  Post requests that the component commands that 
require TDNs for their engagement with Panama take 
responsibility for tracking their TDN requests through the 
clearance process. Post also requests that offices 
responsible for clearing these notes in DOD and DOS aim to 
have them ready for transmission to Post 30 days prior to 
"boots on the ground" date when time allows, and at least ten 
days out when it does not. Ten days is the GOP imposed 
minimum, but does not provide an adequate margin for the 
GOP's poor internal coordination, and unforeseen 
contingencies. Post reminds clearing offices that the 
language of the TDN dipnote cannot be changed, per our 
agreement with the GOP, except for the five data points in 
the first paragraph that related to the specific training 
event. 
 
----------------- 
Points of Contact 
----------------- 
 
¶5.  (U)  For any questions on this issue please contact 
 
Pol/Mil officer Eric Geelan, (geelane@state.gov, office 
507-207-7002, cell 507-6400-4142) or ODC Navy Section Chief 
LCDR  Cory Christensen (cory.christensen@tcsc.southcom.mil, 
office 507-207-7330, cell 507-6670-8336) 
GILMOUR