VZCZCXYZ0006
OO RUEHWEB

DE RUEHC #1168 0062047
ZNR UUUUU ZZH
O 062041Z JAN 10
FM SECSTATE WASHDC
TO RUEHDG/AMEMBASSY SANTO DOMINGO IMMEDIATE 0000
INFO RUEKJCS/SECDEF WASHINGTON DC IMMEDIATE
RHMFISS/JOINT STAFF WASHINGTON DC IMMEDIATE
RHMFISS/CDR USSOUTHCOM MIAMI FL IMMEDIATE

UNCLAS STATE 001168 
 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: KTIA MARR MOPS PM PREL DR
SUBJECT: AGREEMENT WITH THE DOMINICAN REPUBLIC ON STATUS 
OF FORCES FOR DOD PERSONNEL TEMPORARILY PRESENT IN THE 
DOMINICAN REPUBLIC 
 
¶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. MILITARY PERSONNEL WHO WILL BE 
TEMPORARILY PRESENT IN THE DOMINICAN REPUBLIC IN CONNECTION 
WITH MILITARY EXERCISES AND TRAINING, COUNTER-DRUG RELATED 
ACTIVITIES, UNITED STATES SECURITY ASSISTANCE PROGRAMS, OR 
OTHER AGREED UPON PEACEFUL PURPOSES.  POST IS REQUESTED TO 
PROPOSE TO THE GOVERNMENT OF THE DOMINICAN REPUBLIC 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. ANY 
HOST COUNTRY PROPOSAL FOR CHANGES TO THE U.S. TEXT SHOULD BE 
REFERRED TO THE DEPARTMENT. 
 
¶3.  (U) BEGIN TEXT OF DRAFT NOTE: (COMPLIMENTARY OPENING) AND 
HAS THE HONOR TO REFER TO THE EMBASSY,S NOTE NO. 73, DATED 
JULY 20, 1988, AND THE MINISTRY,S REPLY IN NOTE NO. DEJ 
24531, DATED AUGUST 4, 1988 (HEREAFTER &THE 1988 
AGREEMENT8), AND TO RECENT DISCUSSIONS BETWEEN 
REPRESENTATIVES OF THE TWO GOVERNMENTS REGARDING THE STATUS 
OF MILITARY AND CIVILIAN PERSONNEL OF THE UNITED STATES 
DEPARTMENT OF DEFENSE (HEREAFTER &UNITED STATES PERSONNEL8) 
WHO MAY BE TEMPORARILY PRESENT IN THE DOMINICAN REPUBLIC IN 
CONNECTION WITH MILITARY EXERCISES AND TRAINING, COUNTER-DRUG 
RELATED ACTIVITIES, UNITED STATES SECURITY ASSISTANCE 
PROGRAMS, OR OTHER AGREED UPON PEACEFUL PURPOSES. 
 
 
(U) AS A RESULT OF THESE DISCUSSIONS, THE EMBASSY TAKES NOTE 
OF THE 1988 AGREEMENT AND PROPOSES THAT THE TERMS OF THIS 
NOTE SHALL APPLY WITH REGARD TO UNITED STATES PERSONNEL, AS 
DEFINED HEREIN. IN PARTICULAR, THE EMBASSY PROPOSES THAT, 
WITHOUT REGARD TO THE DURATION OF THEIR PRESENCE IN THE 
DOMINICAN REPUBLIC, 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). 
 
(U) THE EMBASSY FURTHER PROPOSES THAT UNITED STATES PERSONNEL 
SHALL BE PERMITTED TO ENTER AND EXIT THE DOMINICAN REPUBLIC 
WITH UNITED STATES IDENTIFICATION AND WITH COLLECTIVE 
MOVEMENT OR INDIVIDUAL TRAVEL ORDERS.  DOMINICAN REPUBLIC 
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 WEAPONS WHEN REQUIRED FOR THEIR MISSION 
WHILE PERFORMING OFFICIAL DUTIES. 
 
(U) IN THE EVENT THAT AGREED ACTIVITIES INVOLVE THE USE OF 
CONTRACTORS, THE UNITED STATES GOVERNMENT MAY AWARD CONTRACTS 
FOR THE ACQUISITION OF ARTICLES AND SERVICES, IN ACCORDANCE 
WITH ITS LAWS AND REGULATIONS. THE UNITED STATES GOVERNMENT 
SHALL HAVE THE RIGHT TO CHOOSE SUCH CONTRACTORS, AND UNITED 
STATES CONTRACTORS AND THEIR EMPLOYEES SHALL BE ACCORDED THE 
SAME PRIVILEGES AS UNITED STATES ARMED FORCES AND CIVILIAN 
PERSONNEL WITH REGARD TO LICENSING AND REGISTRATION OF 
VEHICLES, DRIVERS, AND PROFESSIONAL PERSONNEL; WITH REGARD TO 
THE EXPORT, IMPORT, AND ACQUISITION OF GOODS AND EQUIPMENT 
FOR OFFICIAL OR PERSONAL USE. 
 
(U) THE EMBASSY OF THE UNITED STATES FURTHER PROPOSES THAT 
THE GOVERNMENT OF THE DOMINICAN REPUBLIC ACCORD DUTY-FREE 
IMPORTATION AND EXPORTATION, AS WELL AS EXEMPTION FROM 
INSPECTION AND TAXATION, OF PRODUCTS, PROPERTY, MATERIEL, 
EQUIPMENT, VEHICLES, VESSELS, AND AIRCRAFT IMPORTED INTO, 
ACQUIRED IN, OR EXPORTED FROM THE DOMINICAN REPUBLIC BY OR ON 
BEHALF OF THE U.S. GOVERNMENT OR ITS PERSONNEL IN CONNECTION 
WITH THEIR MISSION IN THE DOMINICAN REPUBLIC. 
 
(U) THE TWO GOVERNMENTS SHALL COOPERATE IN TAKING THE 
NECESSARY STEPS TO ENSURE THE SECURITY OF UNITED STATES 
PERSONNEL AND PROPERTY IN THE DOMINICAN REPUBLIC. 
 
(U) VEHICLES, 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 THE DOMINICAN REPUBLIC; THE UNITED 
STATES ARMED FORCES SHALL PAY REASONABLE CHARGES FOR SERVICES 
REQUESTED AND RECEIVED. 
 
(U) THE GOVERNMENT OF THE DOMINICAN REPUBLIC SHALL ACCEPT AS 
VALID PROFESSIONAL LICENSES ISSUED BY THE APPROPRIATE UNITED 
STATES GOVERNMENT AUTHORITIES TO UNITED STATES PERSONNEL. 
 
(U) IF, NOTWITHSTANDING PROVISIONS OF THIS OR OTHER 
AGREEMENTS BETWEEN THE UNITED STATES AND THE DOMINICAN 
REPUBLIC, LOCAL AUTHORITIES DETAIN ANY UNITED STATES 
PERSONNEL, THE DOMINICAN REPUBLIC AUTHORITIES SHALL 
IMMEDIATELY NOTIFY THE EMBASSY OF THE UNITED STATES OF 
AMERICA IN THE DOMINICAN REPUBLIC AND PROMPTLY RETURN SUCH 
PERSONNEL TO UNITED STATES CUSTODY.  THE DOMINICAN REPUBLIC 
AND UNITED STATES MILITARY POLICE INVESTIGATORS SHALL 
COOPERATE IN THE INVESTIGATION OF ANY CRIME BELIEVED TO HAVE 
BEEN COMMITTED BY OR AGAINST UNITED STATES PERSONNEL. 
 
(U) IT SHALL BE THE RESPONSIBILITY OF UNITED STATES PERSONNEL 
TO RESPECT THE LAWS OF THE DOMINICAN REPUBLIC 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) UNITED STATES PERSONNEL IN THE DOMINICAN REPUBLIC SHALL 
ENJOY FREEDOM OF MOVEMENT AND THE RIGHT TO UNDERTAKE THOSE 
ACTIVITIES DEEMED NECESSARY FOR THE PERFORMANCE OF THEIR 
MISSION. 
 
(U) THE GOVERNMENT OF THE DOMINICAN REPUBLIC 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 THE DOMINICAN REPUBLIC. 
 
(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 AND REGULATIONS, 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 THE DOMINICAN REPUBLIC. 
 
(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 FOR AN INITIAL TERM OF 
ONE YEAR AS OF THE DATE OF THE MINISTRY,S  REPLY.  THE 
PARTIES SHALL CONSULT PRIOR TO THE EXPIRATION OF THE INTIAL 
TERM TO DETERMINE WHETHER TO EXTEND OR MODFIY THE AGREEMENT 
OR ALLOW IT TO LAPSE.  DURING THE INITIAL ONE-YEAR TERM OR 
ANY EXTENDED ONE-YEAR TERM, EITHER GOVERNMENT MAY TERMINATE 
THIS AGREEMENT BY GIVING THE OTHER GOVERNMENT SIX MONTHS 
PRIOR WRITTEN NOTICE OF ITS INTENT TO TERMINATE THIS 
AGREEMENT.  (COMPLIMENTARY CLOSING.)  END TEXT. 
 
¶4.  (U) THE SUGGESTED REPLY OF THE GOVERNMENT OF THE 
DOMINICAN REPUBLIC 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 SECRETARY OF STATE FOR 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 THE DOMINICAN REPUBLIC 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).  STATE POCS ARE GEOFFREY SCHADRACK, WHA/CAR, 
202-647-4757, 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