VZCZCXYZ0009
OO RUEHWEB

DE RUEHC #6463 3441728
ZNR UUUUU ZZH
O P 101726Z DEC 09
FM SECSTATE WASHDC
TO RUEHZP/AMEMBASSY PANAMA IMMEDIATE 0000
INFO RUEKJCS/SECDEF WASHINGTON DC PRIORITY
RHMFISS/JOINT STAFF WASHINGTON DC PRIORITY
RHMFISS/CDR USSOUTHCOM MIAMI FL PRIORITY

UNCLAS STATE 126463 
 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: KTIA MARR MOPS PM PREL US
SUBJECT: AGREEMENT WITH PANAMA ON STATUS OF FORCES FOR A 
CIVIL AFFAIRS TEAM DEPLOYMENT FROM JANUARY 15, 2010 
THROUGH JANUARY 14, 2011 
 
REF: STATE 049307 (2006) 
 
¶1.  (U) THIS IS AN ACTION REQUEST. SEE PARAGRAPHS 2, 5, and 
¶6. 
 
¶2.  (U) DOD HAS ASKED THE DEPARTMENT TO SECURE STATUS 
PROTECTIONS FOR U.S. DEPARTMENT OF DEFENSE PERSONNEL WHO WILL 
BE PRESENT IN PANAMA FROM JANUARY 15, 2010 THROUGH JANUARY 
14, 2011, IN CONJUNCTION WITH A CIVIL AFFAIRS DEPLOYMENT. 
POST IS REQUESTED IMMEDIATELY TO PROPOSE TO THE GOVERNMENT OF 
PANAMA AN EXCHANGE OF DIPLOMATIC NOTES FOR THIS PURPOSE, 
USING THE TEXT AT PARAGRAPH 3.  TO AVOID THE EXCHANGE OF 
MULTIPLE NOTES, POST SHOULD PRESENT THE BELOW NOTE IN A DRAFT 
FORMAT AND SEND A FINAL NOTE ONLY AFTER REACHING AGREEMENT ON 
THE TEXT.  (COMMENT: WITH THE EXCEPTION OF THE ACTIVITY, THE 
TEXT IS SUBSTANTIALLY SIMILAR TO THAT IN REFTEL). 
 
¶3.  (U) BEGIN TEXT OF DRAFT NOTE: (COMPLIMENTARY OPENING) AND 
HAS THE HONOR TO REFER TO RECENT DISCUSSIONS BETWEEN 
REPRESENTATIVES OF THE TWO GOVERNMENTS REGARDING THE STATUS 
OF UNITED STATES PERSONNEL, AS DEFINED IN THE EMBASSY,S NOTE 
NO. 834, DATED JULY 3, 2001, AND THE MINISTRY,S NOTE NO. DM 
0301/2001, DATED JULY 10, 2001, WHO MAY BE TEMPORARILY 
PRESENT IN PANAMA IN CONJUNCTION WITH A CIVIL AFFAIRS 
DEPLOYMENT FROM JANUARY 15, 2010 THROUGH JANUARY 14, 2011. 
THE NUMBER OF UNITED STATES PERSONNEL PARTICIPATING IN THIS 
CIVIL AFFAIRS DEPLOYMENT WILL TOTAL APPROXIMATELY THREE 
OFFICIALS, WHO WILL BE IN UNIFORM AND WILL CARRY WEAPONS AS 
AUTHORIZED.  THE PURPOSE OF THE VISIT IS TO SUPPORT 
CIVIL-MILITARTY OPERATIONS WITH THE PANAMANIAN FORCES.  THE 
PANAMANIAN COUNTERPART IS SENAFRONT DIRECTOR, FRANK ABREGO. 
 
(U) THE DEPLOYMENTS WILL TAKE PLACE IN PANAMA CITY, DARIEN 
PROVENCE, AND ANY OTHER OFFICE OF DEFENSE COOPERATION, 
PANAMA-APPROVED LOCATION. 
 
(U) AS A RESULT OF THESE DISCUSSIONS, THE EMBASSY PROPOSES 
THAT SUCH PERSONNEL SHALL BE ACCORDED A STATUS EQUIVALENT TO 
THAT ACCORDED TO THE ADMINISTRATIVE AND TECHNICAL STAFF OF 
THE EMBASSY OF THE UNITED STATES OF AMERICA UNDER THE VIENNA 
CONVENTION ON DIPLOMATIC RELATIONS OF APRIL 18, 1961 (VIENNA 
CONVENTION).  THE UNDERSTANDINGS CONTAINED IN THE EMBASSY,S 
NOTE NO. 835, DATED JULY 3, 2001, AND THE MINISTRY,S REPLY 
IN NOTE NO. DM 0300/2001, DATED JULY 10, 2001, SHALL APPLY. 
 
(U) UNITED STATES PERSONNEL SHALL BE PERMITTED TO ENTER AND 
EXIT PANAMA WITH UNITED STATES IDENTIFICATION AND WITH 
COLLECTIVE MOVEMENT OR INDIVIDUAL TRAVEL ORDERS, IN 
ACCORDANCE WITH AN AGREEMENT ON NON-IMMIGRANT VISAS BETWEEN 
THE UNITED STATES AND PANAMA, WHICH HAS BEEN IN FORCE SINCE 
JUNE 1, 1956, AS AMENDED, EXCEPT THAT THE GOVERNMENT OF 
PANAMA SHALL WAIVE THE REQUIREMENT FOR TOURIST CARDS AND 
RELATED FEES.  PANAMANIAN AUTHORITIES SHALL ACCEPT AS VALID 
DRIVING LICENSES OR PERMITS ISSUED BY THE APPROPRIATE U.S. 
AUTHORITIES TO UNITED STATES PERSONNEL FOR OPERATION OF 
VEHICLES; AND SUCH PERSONNEL SHALL BE AUTHORIZED TO WEAR U.S. 
GOVERNMENT ATTIRE (UNIFORMS) AND TO CARRY AUTHORIZED 
EQUIPMENT WHEN REQUIRED FOR THEIR MISSION WHILE PERFORMING 
OFFICIAL DUTIES. 
 
(U) THE EMBASSY OF THE UNITED STATES FURTHER PROPOSES THAT 
THE GOVERNMENT OF PANAMA ACCORD DUTY-FREE IMPORTATION AND 
EXPORTATION, AS WELL AS EXEMPTION FROM INSPECTION AND 
TAXATION, OF PRODUCTS, PROPERTY, MATERIEL, AND EQUIPMENT 
IMPORTED INTO, ACQUIRED IN, OR EXPORTED FROM PANAMA BY OR ON 
BEHALF OF THE U.S. GOVERNMENT OR ITS PERSONNEL IN CONNECTION 
WITH THEIR MISSION IN PANAMA, EXCEPT THAT UNITED STATES 
PERSONNEL SHALL NOT BE EXEMPT FROM PANAMANIAN TAXES ON ITEMS 
PURCHASED IN PANAMA FOR THEIR PERSONAL USE. 
 
(U) THE TWO GOVERNMENTS SHALL COOPERATE IN TAKING THE 
NECESSARY STEPS TO ENSURE THE SECURITY OF UNITED STATES 
PERSONNEL AND PROPERTY IN PANAMA. 
 
(U) VESSELS AND AIRCRAFT OWNED OR OPERATED BY OR FOR UNITED 
STATES ARMED FORCES SHALL NOT BE SUBJECT TO PAYMENT OF 
LANDING OR PORT FEES, PILOTAGE CHARGES, NAVIGATION, 
OVERFLIGHT OR PARKING CHARGES, OR LIGHTERAGE OR HARBOR DUES 
WHILE IN PANAMA, EXCEPT FOR THE CHARGES RELATED TO THE NORMAL 
TRANSIT OF THE PANAMA CANAL, PREVIOUSLY AGREED TO; THE UNITED 
STATES ARMED FORCES SHALL PAY REASONABLE CHARGES FOR SERVICES 
REQUESTED AND RECEIVED. 
 
(U) IT SHALL BE THE RESPONSIBILITY OF UNITED STATES PERSONNEL 
TO RESPECT THE LAWS OF PANAMA AND TO ABSTAIN FROM ANY 
ACTIVITY INCONSISTENT WITH THE SPIRIT OF THEIR MISSION. 
AUTHORITIES OF THE GOVERNMENT OF THE UNITED STATES OF AMERICA 
SHALL TAKE THE NECESSARY STEPS TO THAT END. 
 
(U) APPROPRIATE PANAMANIAN AND U.S. MILITARY OR CIVILIAN 
POLICE AUTHORITIES SHALL COOPERATE IN THE INVESTIGATION OF 
ANY CRIME BELIEVED TO HAVE BEEN COMMITTED BY OR AGAINST 
UNITED STATES PERSONNEL. 
 
(U) THE GOVERNMENT OF PANAMA SHALL ACCEPT FULL RESPONSIBILITY 
FOR, AND SHALL HOLD THE UNITED STATES GOVERNMENT HARMLESS 
FROM, ANY AND ALL CLAIMS ARISING FROM THE USE OF PROJECTS 
CONSTRUCTED, OR IN THE PROCESS OF BEING CONSTRUCTED IN WHOLE 
OR IN PART, BY UNITED STATES PERSONNEL IN CONNECTION WITH 
THEIR MISSION IN PANAMA. 
 
(U) FINALLY, BOTH GOVERNMENTS SHALL WAIVE ANY AND ALL CLAIMS 
(OTHER THAN CONTRACTUAL CLAIMS) AGAINST EACH OTHER FOR 
PERSONAL INJURY TO OR DEATH OF THEIR MILITARY OR CIVILIAN 
PERSONNEL, OR FOR DAMAGE, LOSS, OR DESTRUCTION OF THE 
OTHER,S PROPERTY ARISING OUT OF ACTIVITIES COVERED BY THIS 
AGREEMENT.  THE UNITED STATES SHALL PAY, IN ACCORDANCE WITH 
UNITED STATES LAW, FAIR AND REASONABLE COMPENSATION IN 
SETTLEMENT OF MERITORIOUS CLAIMS BY THIRD PARTIES ARISING OUT 
OF ACTS OR OMISSIONS OF UNITED STATES PERSONNEL, OR WHICH ARE 
OTHERWISE INCIDENT TO AGREED ACTIVITIES BY UNITED STATES 
PERSONNEL IN CONNECTION WITH THEIR MISSION IN PANAMA. 
 
(U) ADDITIONAL ARRANGEMENTS AS MAY BE NECESSARY MAY BE 
ENTERED INTO BY THE APPROPRIATE AUTHORITIES OF THE TWO 
GOVERNMENTS. 
 
(U) THE EMBASSY OF THE UNITED STATES OF AMERICA PROPOSES THAT 
THIS NOTE AND THE MINISTRY,S REPLY THERETO SHALL CONSTITUTE 
AN AGREEMENT BETWEEN THE TWO GOVERNMENTS ON THIS SUBJECT AND 
THAT ITS PROVISIONS SHALL BE IN FORCE AS OF THE DATE OF THE 
MINISTRY,S REPLY.  (COMPLIMENTARY CLOSING.)  END TEXT. 
 
¶4.  (U) THE SUGGESTED REPLY OF THE GOVERNMENT OF PANAMA 
SHOULD READ AS FOLLOWS: BEGIN TEXT: (COMPLIMENTARY OPENING) 
AND REFERS TO THE EMBASSY,S NOTE (NUMBER AND DATE) WHICH 
READS AS FOLLOWS: 
 
(QUOTE U.S. NOTE IN ITS ENTIRETY). 
 
THE MINISTRY OF FOREIGN RELATIONS HAS THE FURTHER HONOR TO 
INFORM THE EMBASSY OF THE UNITED STATES OF AMERICA THAT THE 
PROPOSALS SET FORTH IN THE EMBASSY,S NOTE ARE ACCEPTABLE TO 
THE GOVERNMENT OF PANAMA AND TO CONFIRM THAT THE EMBASSY,S 
NOTE AND THIS NOTE SHALL CONSTITUTE AN AGREEMENT BETWEEN THE 
TWO GOVERNMENTS, WHICH SHALL ENTER INTO FORCE ON THIS DATE. 
END TEXT. 
 
¶5.  (U) ANY HOST COUNTRY PROPOSAL FOR CHANGES TO THE U.S. 
TEXT SHOULD BE REFERRED TO THE DEPARTMENT.  STATE POCS ARE 
MARSHA SINGER, WHA/CEN, 202-647-3505, OR CDR MARC GUARIN, 
L/PM, 202-647-7563.  THE DEPARTMENT OF DEFENSE POCS ARE 
VANESSA MITCHELL, 703-697-3190, AND WALTER EARLE, OSD/WHA, 
703-697-3327. 
 
¶6.  (U) UPON CONCLUSION OF THE EXCHANGE OF NOTES, EMBASSY 
SHOULD REPORT THE AGREEMENT BY CABLE, AND SEND THE ORIGINAL 
HOST COUNTRY NOTE WITH A CERTIFIED COPY OF THE U.S. NOTE TO 
THE DEPARTMENT, L/T, ROOM 5420 (ATTN:DAPHNE COOK). 
CLINTON