VZCZCXYZ0004
RR RUEHWEB

DE RUEHC #4926 0492349
ZNR UUUUU ZZH
R 182345Z FEB 10
FM SECSTATE WASHDC
TO RUEHMU/AMEMBASSY MANAGUA 0000
INFO RUEKJCS/OSD WASHINGTON DC
RHMFISS/JOINT STAFF WASHINGTON DC
RHMFISS/CDR USSOUTHCOM MIAMI FL
RHMFISS/JOINT STAFF WASHINGTON DC

UNCLAS STATE 014926 
 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: MARR MOPS PREL KTIA NU OPDC PINS US
SUBJECT: AGREEMENT WITH NICARAGUA ON STATUS OF FORCES FOR MUTUALLY 
AGREED ACTIVITIES IN NICARAGUA DURING 2010 
 
REF: A) 10 MANAGUA 182 
 
¶1.  This is an action request.  See paragraph 4. 

¶2.  Reftel A requested guidance regarding the renewal of the 
U.S.-Nicaragua Status of Forces Agreement (SOFA) for 2010, and 
regarding GON-proposed modifications to the 2009 SOFA text.  The 
GON proposed six changes. 
Guidance follows. 

¶3. Regarding GON-proposed changes detailed in reftel A, concur with 
GON proposals to summarize 2010 activities in an annex, and agree 
to notify the GON of changes to activities in advance (para 1). 
However, other requested changes cannot be accommodated: 

(1) The release of lists of personnel and of personal information 
is restricted per USG policy.  Providing a list of crew members 
(including military and non-military personnel) or any other 
passengers on board a USS vessel as a condition of entry into a 
port or to satisfy local immigration officials upon arrival is 
prohibited. 

(2) Requiring DOD personnel to enter on passports, even if 
caveated, is unacceptable. Not all DOD personnel have passports, 
and requiring all of them to obtain/maintain passports would be 
overly burdensome and expensive. (Para 2, line 8).  Past practice 
in Nicaragua of authorized entry on orders and ID cards is 
consistent with worldwide practice and should be maintained. 
(3) Substituting bring in for carry, as it pertains to 
U.S. 
forces 
weapons, is inconsistent with DOD worldwide practice and past 
practice in Nicaragua (para 2, last line).  This provision has been 
modified to address some of the GON concerns outlined in reftel A. 

(4) U.S. forces and their equipment cannot be subject to 
host-nation inspection, but U.S. forces may certify that certain 
standards are met (para 3, line 2). 

(5) the United States cannot submit its forces to host-nation 
legislation (para 3, line 3). 

(6) Will cannot be substituted for shall because clarity 
in 
conveying the meaning of obligation is integral to an international 
agreement and is consistent with USG worldwide policy. 
Also note that operational activities has been replaced by 
mutually agreed activities to reflect more accurately the broad 
nature of activities to be conducted in the coming year.  Please 
relay our concerns to the government of Nicaragua. 

¶4. Please relay the updated text to the government of Nicaragua as 
follows.  Begin text: 

The Embassy of the United States of America presents its 
compliments to the Ministry of Foreign Affairs of the Republic of 
Nicaragua and has the honor to refer to discussions between the 
Government of Nicaragua and the Government of the United States of 
America regarding the activities that the Governments of Nicaragua 
and the United States have mutually agreed to conduct in 2010, 
which are listed in Annex A.  The implementation of each of these 
separate activities (hereafter referred to collectively as 2010 
mutually agreed activities) will be carried out to further the 
relationship of friendship and cooperation that exists between the 
Republic of Nicaragua and the United States of America.  in the 
event that one government has identified a need to make significant 
changes in the nature of certain mutually agreed activities, or in 
the nature of personnel and equipment related to those activities, 
that government shall provide reasonable notification of changes to 
the other government in advance of the activity. 
In support of 2010 mutually agreed activities, the Embassy proposes 
that United States military and civilian personnel (defined as 
members of the United States Armed Forces and civilian employees of 
the United States Department of Defense, respectively, hereafter 
referred to collectively as United States personnel) present in 
Nicaragua in connection with the 2010 mutually agreed activities be 
accorded treatment 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; that United States personnel be 
permitted to enter and exit Nicaragua with United States 
identification and with collective movement or individual travel 
orders; that Nicaraguan authorities shall accept as valid, without 
a fee or driving test, valid, unexpired driving licenses or permits 
issued by the appropriate authorities in the United States to 
United States personnel for the operation of vehicles; that such 
personnel be authorized to wear uniforms while performing official 
duties in Nicaragua; and that United States personnel be authorized 
to bring into Nicaragua United States Government weapons, which 
must be secured by United States personnel and which may be carried 
by United States personnel for such purposes as are agreed by both 
governments. 

The Embassy also proposes that the Government of the Republic of 
Nicaragua accord duty-free importation and exportation, as well as 
exemption from inspections and taxation on products, property, 
materiel, and equipment, imported into, acquired in or exported 
from Nicaragua by or on behalf of the United States Government or 
its personnel in connection with the 2010 mutually agreed 
activities; and that the Parties shall cooperate in taking such 
steps as shall be necessary to ensure the security of United States 
personnel and property in Nicaragua.  The Embassy further proposes 
vehicles, vessels, and aircraft owned or operated by or for the 
United States Armed Forces shall not be subject to the payment of 
landing or port fees, pilotage charges, navigation, overflight, or 
parking charges or lighterage or harbor dues while in Nicaragua; 
however, the United States Armed Forces shall pay reasonable 
charges for services requested and received. 
Vehicles owned by the United States need not be registered, but 
shall have appropriate identification markings. 
The Government of Nicaragua shall accept as valid professional 
licenses issued by the appropriate government authorities in the 
United States to United States personnel. 
Title to United States Government Property (such as equipment, 
materiel, supplies, and other property) imported into or acquired 
in Nicaragua by or on behalf of the United States Department of 
Defense in connection with the 2010 mutually agreed activities 
shall remain with the United States Department of Defense, which 
may remove such property from Nicaragua at any time, free from 
export duties, taxes, and other charges.  The exemption provided in 
this paragraph shall also extend to any duty, tax, or other charge 
that is assessed upon such property after importation into or 
acquisition in Nicaragua.  United States Armed Forces and United 
States personnel property may be removed from Nicaragua, or 
disposed therein, provided that disposition of such property in 
Nicaragua to persons or entities not entitled to exemption from 
applicable taxes or duties shall be subject to payment of such 
taxes and duties by such persons or entities. 

It shall be the responsibility of United States personnel to 
respect the laws of Nicaragua and to abstain from any activity 
inconsistent with the spirit of the 2010 mutually agreed 
activities.  Authorities of the Government of the United States 
shall take necessary measures to that end.  Nicaraguan 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. 

The Embassy proposes that 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 property arising 
out of the 2010 mutually agreed activities. 

The United States Government 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 that are otherwise in 
connection with activities of the United States Armed Forces under 
this Agreement. 

In the event that agreed activities involve the use of contractors, 
the United States Department of Defense may award contracts for the 
acquisition of articles and services in accordance with United 
States law and regulations.  The United States Department of 
Defense shall have the right to choose such contractors, and such 
contractors and their employees who are foreigners or non-nationals 
of Nicaragua shall be accorded the same privileges as United States 
personnel with regard to licensing and registration of vehicles, 
drivers, and professional personnel; and with regard to the export, 
import, and acquisition of goods and equipment for official or 
personal use. 

The United States Armed Forces and United States personnel may use 
water, electricity, and other public services and facilities, for 
which the Government of Nicaragua will assist the United States 
authorities in taking measures to obtain such services from the 
institutions and corresponding offices, for the appropriate 
development of the aforementioned 2010 mutually agreed activities. 
Finally, additional arrangements as may be necessary may be entered 
into by the appropriate authorities of the two governments. 
If the foregoing is acceptable to the Government of the Republic of 
Nicaragua, the Embassy proposes that this note, together with the 
Ministry's reply to that effect, shall constitute an agreement 
between the two governments, which shall enter into force on the 
date of the Ministry's reply, and shall remain in effect for the 
duration of the 2010 mutually agreed activities. 
The Embassy of the United States of America avails itself of this 
opportunity to renew to the Ministry of Foreign Affairs the 
assurances of its highest consideration. 
 
Embassy of the United States of America, 
Managua, [date]. 
 
Attachment:  Annex A - Projected list of 2010 mutually agreed 
activities in Nicaraguan territory 

¶1. Fifteen personnel and a C-12 aircraft from the United States 
Naval Oceanographic Office to conduct a joint hydrographic 
evaluation, and to update nautical charts for the area in and 
around the Miskitos Keys (5 January-30 April 2010). 

¶2. One P-3 aircraft from the United States Navy, for the purpose of 
national overflight in support of NASA missions (1 January-31 
December 2010). 

¶3. Ten United States Special Forces military personnel to 
participate in a training exchange with the Nicaraguan Special 
Operations Command (1 
March-15 December 2010). 

¶4. Five members of the United States Air Force for the purpose of a 
training exchange with the Nicaraguan Air Force (8-13 February 
2010). 

¶5. Four United States Coast Guard personnel to participate in a 
Subject Matter Exchange with the Nicaraguan Navy (1-27 March; 1-28 
May 2010). 

¶6. Three hundred United States military personnel in rotation for 
the Medical Readiness Exercise Beyond the Horizons (25 
February-15 June 2010). 

¶7. Three hundred United States military personnel and the vessel 
HSV-2 Swift of the United States Navy to conduct a Subject Matter 
Exchange with the Nicaraguan Navy (17 April-30 September 2010). 

¶8. Ten United States Marines to conduct a training exchange with 
the Nicaraguan Navy (8-23 May; 6-21 September 2010). 

¶9. One amphibious assault ship (LHD) from the United States Navy to 
participate in the Humanitarian Assistance MEDRETE exercise 
Continuing Promise 2010 on the Atlantic Coast in the town of 
Bluefields (14-27 September 2010). 

¶10. Twenty-five United States military personnel, by rotation, and 
a United States Maritime Patrol Aircraft to conduct aerial 
counter-narcotics operations in accordance with the terms of the 
2001 agreement between the governments of the United States and 
Nicaragua concerning cooperation to suppress illicit traffic by sea 
and air (1 
January-15 December 2010). 
 
¶11. Thirty-five United States military personnel, two UH-60 
Blackhawk 
helicopters, and one CH-47 Chinook helicopter from the United 
States Armed Forces to conduct a MINI-MEDRETE exercise (1-30 May 
2010). 

¶12. Fifty United States military personnel, by rotation, four UH-60 
Blackhawk helicopters, and one CH-47 Chinook helicopter 
from 
the United States Armed Forces to participate in and support aerial 
counter-narcotics operations in accordance with the terms of the 
2001 agreement between the governments of the United States and 
Nicaragua concerning cooperation to suppress illicit traffic by sea 
and air (1 
January-15 December 2010). 
End text dip note on SOFA. 

¶5. The suggested reply of the Government of the Republic of 
Nicaragua should read as follows: begin text: (complimentary 
opening) and refers to the Embassys note (number and date) which 
reads as 
follows: 

(quote U.S. note in its entirety). 
The Ministry of Foreign Affairs has the further honor to inform the 
Embassy of the United States of America that the proposals set 
forth in the Embassys note are acceptable to the Government of the 
Republic of Nicaragua and to confirm that the Embassys note and 
this note shall constitute an agreement between the two 
governments, which shall enter into force on this date.  End text. 
¶6. 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