US embassy cable - 03ANKARA7800

C O N F I D E N T I A L SECTION 01 OF 02 ANKARA 007800 
 
SIPDIS 
 
 
EUCOM FOR J3, J4 AND J5 
 
 
E.O. 12958: DECL: 12/19/2013 
TAGS: PREL, MARR, MOPS, TU, IZ 
SUBJECT: TURKS OUTLINE RULES AND PRINCIPLES FOR USE OF 
INCIRLIK FOR TROOP ROTATION IN AND OUT OF IRAQ 
 
 
REF: ANKARA 7735 
 
 
(U) Classified by DCM Robert Deutsch.  Reasons:  1.5 (B and 
D). 
 
 
1. (C) DG for Bilateral Political Affairs Ahmet Banguoglu 
summoned DCM to the MFA December 19 to provide the GOT's 
written authorization for the US to use Incirlik to rotate US 
personnel in and out of Iraq (reftel).  Banguoglu said the 
MFA and other interested agencies (including TGS and Customs) 
had met earlier in the day to work out arrangements for the 
use of Incirlik.  He said the goal of the parties was to 
provide the US "maximum flexibility within the Turkish legal 
framework, and in conformity with international law, and the 
rules and regulations of Incirlik Air Base."  Banguoglu said 
the modalities and any further details not addressed in the 
diplomatic note should be discussed in mil-mil channels with 
the Turkish General Staff. 
 
 
2. (C) Reading from a prepared text, Banguoglu then 
summarized the 11 rules and principles to be applied during 
rotation activities (see para 5 for complete text). 
Banguoglu said the issue of the status of US personnel in 
Turkey (points 3 and 4) was a particularly difficult and 
sensitive one to resolve. 
 
 
3. (C) While acknowledging that one Turkish newspaper had 
reported the GOT's approval in today's paper, Banguoglu said 
the GOT intended to keep the issue quiet for the time being. 
The MFA did not intend to issue any public statement and 
asked the US to do the same.  The DCM said that for security 
purposes, we would prefer not to make the issue public, but 
admitted that the press would get wind of it as soon as 
aircraft and personnel began arriving at Incirlik, if not 
sooner.  Banguoglu said the MFA has provided its information 
office some background information to use with the press on 
an "if asked" basis.  Banguoglu said the MFA would provide us 
with its guidance once it was cleared, and added that the 
Turks would prefer that any "announcement" of the arrangement 
come from the GOT.  Furthermore, Banguoglu said the GOT hoped 
we would not share the modalities of the operation with other 
Allies, since they would not want to offer them similar 
flexibility. 
 
 
4. (C) Begin text of diplomatic note: 
 
 
The Ministry of Foreign Affairs of the Republic Turkey 
presents its compliments to the Embassy of the United States 
of America and with reference to the Latter,s note number 
1869, dated December 17, 2003, has the honor to inform the 
following: 
 
 
Taking into account UNSC resolution 1483 and the Turkish 
Council of Ministers, decree No. 5755, the request for 
permission to use 10th Tanker Base-Incirlik as a hub for 
deploying/redeploying (rotation) personnel from Iraq in 
support of Operation Iraqi Freedom has been approved. 
 
 
The rules and principles to be applied during the rotation 
activities are enclosed.  The Ministry kindly requests the 
Embassy to bring the enclosed documents to the attention of 
the pertinent US authorities with a view toward assuring 
their strict compliance. 
 
 
The modalities of the facilities accorded in line with the 
rotation request should be discussed and concluded with the 
Turkish General Staff. 
 
 
A note from the Embassy acknowledging the contents of this 
note and enclosure would be appreciated. 
 
 
The Ministry of the Republic of Turkey avails itself of this 
opportunity to renew to the Embassy of the United States of 
America the assurances its highest consideration. 
 
 
December 19, 2003 
 
 
End text of diplomatic note. 
 
 
5. (C) Begin text of the rules and principles to be applied 
during the rotation activities that was enclosed with the 
diplomatic note: 
 
 
RULES AND PRINCIPLES TO BE APPLIED DURING ROTATION ACTIVITIES 
 
 
(1) The activities to be carried out during the rotation 
shall be in conformity with international law and courtesy 
rules as well as 10th Tanker Base-Incirlik regulations. 
 
 
(2) The operations to be carried out for the purpose of the 
rotation and their results shall not create any financial 
burden for the Republic of Turkey.  Any compensation arising 
from acts committed by US personnel involved in the rotation 
shall be fully borne by the US side. 
 
 
(3) The number and the missions of the personnel expected to 
be prepositioned in order to support the existing US 
personnel at 10th Tanker Base Incirlik for preparing for and 
carrying out the rotation activities as planned and the 
personnel that will arrive or leave in exchange shall be 
communicated to the Turkish General Staff (TGS).   These 
prepositioned personnel, the number of which shall not exceed 
250 at any one time, will be subject to the same status 
applicable to the US personnel currently deployed at 10th 
Tanker Base, unless otherwise specified. 
 
 
(4) Considering that arriving and departing passengers and 
equipment for the purpose of rotation are in transit, transit 
status will be accorded to the passengers and equipment that 
will pass through allocated facilities by coordination 
between the 39th Air Base Group and the 10th Tanker Base 
Command.  The necessary documentation for the passengers and 
cargo shall be provided by the US side. (Note:  during his 
summary of the 11 points, Banguoglu specificially used the 
word "manifest" when referring to the necessary 
documentation.  End note.) 
 
 
(5) Detailed planning regarding the activities of the 
rotation that will be carried out in Incirlik Air Base shall 
be coordinated between the 39th Air Base Group and the 10th 
Tanker Base Command. 
 
 
(6) In cases of compulsory accommodation within the Base of 
the personnel subjected to rotation due to aircraft breakdown 
or for any emergency situations that may arise, necessary 
arrangements will be made by the 39th Air Base Group in 
coordination with the 10th Tanker Base Command. 
 
 
(7) Search and Rescue (SAR) missions within the SAR 
boundaries of Turkey shall be performed by Turkish 
authorities. 
 
 
(8) Flight clearance requests for all flights conducted for 
the purpose of the rotation shall be forwarded to the TGS via 
the Turkish MFA, in line with the current procedures. 
 
 
(9) The arrangements herewith shall not be interpreted or 
construed as infringing upon the sovereign rights of Turkey, 
nor shall these provisions be applied and interpreted in 
disregard of Turkish legislation, laws and regulations. 
 
 
(10) The rotations activities shall start no earlier than 
January 1, 2004 and end no later than April 30, 2004. 
 
 
(11) None of the provisions shall effect or restrict the 
inherent right of the Government of Turkey to take all 
measures it deems necessary and appropriate to protect its 
national interests and security under circumstances 
warranting this course of action. 
 
 
End text. 
EDELMAN