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DE RUEHBO #2505/01 2182258
ZNY CCCCC ZZH
P 062258Z AUG 09
FM AMEMBASSY BOGOTA
TO RUEHC/SECSTATE WASHDC PRIORITY 0101
INFO RUEHWH/WESTERN HEMISPHERIC AFFAIRS DIPL POSTS PRIORITY
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 SECTION 01 OF 02 BOGOTA 002505 

SIPDIS 

E.O. 12958: DECL: 08/06/2019 
TAGS: MARR PREL MASS MCAP MOPS PGOV PTER KTIA CO
SUBJECT: COLOMBIA DCA WORKING GROUP TALKS YIELD MORE 
PROGRESS 

Classified By: Ambassador William R. Brownfield 
Reasons 1.4 (b and d) 

SUMMARY 
-------- 
¶1. (C) U.S. and Colombian working group delegations met in 
Bogota on August 4-5 to discuss the remaining unresolved 
issues in the Defense Cooperation Agreement (DCA).  Despite 
the intense public debate playing out in Colombia and 
regionally concerning the DCA, the Government of Colombia 
(GOC) team continued to exhibit flexibility and to make 
concessions on several points in an effort to move the 
agreement forward.  Of the DCA's 25 articles, the two sides 
have reached complete agreement on 16 articles, while nine 
articles remain under discussion - including over issues 
related to criminal jurisdiction and exemptions from taxes 
and inspection.  Vice Foreign Minister Forero stressed 
Colombia's commitment to reach final agreement on the DCA 
during the next plenary round in Washington on August 13-14, 
but expressed concern over whether the United States shared 
this goal in light of the increasingly charged regional 
dynamics.  End summary. 

WORKING GROUP YIELDS PROGRESS 
----------------------------- 
¶2. (C) The U.S. and Colombian working group delegations 
convened in Bogota on August 4-5 for technical working group 
meetings on the DCA.  The delegations made significant 
progress and presented new proposals to address the remaining 
unresolved issues, provisionally agreed on text that was 
presented at the June plenary negotiations, and cleaned up 
the text to minimize bracketed language and to ensure 
consistency between the English and Spanish texts.  Of the 
DCA's 25 articles, the two sides have reached complete 
agreement on the preamble and 16 articles, while nine 
articles remain under discussion. 

FEW STICKING POINTS REMAIN 
-------------------------- 
¶3. (C) Despite the intense public debate surrounding the DCA 
talks, the Colombian team continued to show flexibility and 
made concessions on several points, including regarding the 
issue of payment of fees and tolls by U.S. vessels and 
vehicles.  Still, they stressed their legal and political 
limitations on several of the remaining issues. 

¶4. (C) The following substantive issues remain to be resolved 
in the DCA:  a) payment of tolls and other fees and exemption 
from inspection of U.S. vessels and vehicles in Article VI; 
b) the ability of the United States to exercise UCMJ 
jurisdiction and conduct courts martial in Colombian 
territory in Article VIII;  c) certain tax exemptions in 
Articles XIII and XVIII; and d) Colombia's proposed 
requirement that the United States ensure that contractors 
obtain liability insurance in Article XIX.  The delegations 
discussed possible solutions for these issues and plan to 
work on revised proposals prior to the next plenary 
negotiation. 

GOC WANTS TO CLOSE THE DEAL 
--------------------------- 
¶5. (C) At the end of the meetings, Vice Minister of Foreign 
Affairs ClemenciaForero told us that her working group 
delegation had expressed satisfaction about the significant 
progress achieved by the working group.  Still, she probed 
about the depth of U.S. commitment to the talks in light of 
the charged regional dynamics.  She stressed that the 
Colombian delegation remains committed to reaching final 
agreement during the next plenary session. 

¶6. (C) Forero observed that the most difficult issue for the 
GOC remains the ability of the United States to exercise 
criminal jurisdiction in Colombia, but said the issue may be 
resolved by making reference to earlier bilateral agreements 
and simplifying the language in a "creative manner" that 
could satisfy both sides. 

NEXT ROUND OF TALKS 
------------------- 
¶7. (C) The next and possibly final plenary session (Round V) 
is scheduled to take place in Washington on August 13-14. 
The two sides agreed to work on revised proposals to address 
the remaining issues prior to this upcoming round.  The 
Colombian delegation of 19 members will be led by Vice 

BOGOTA 00002505  002 OF 002 


Minister of Foreign Affairs ClemenciaForero and Vice 
Minister of Defense Sergio Jaramillo.
Brownfield 

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