US embassy cable - 04ANKARA300

C O N F I D E N T I A L SECTION 01 OF 02 ANKARA 000300 
 
SIPDIS 
 
 
E.O. 12958: DECL: 01/15/2014 
TAGS: PREL, MARR, MOPS, TU, IZ 
SUBJECT: INCIRLIK AND OIF-2:  TURKS REITERATE THAT ROTATION 
ACTIVITIES ARE TO BE CONDUCTED ACCORDING TO GOT'S "RULES 
AND PRINCIPLES" 
 
 
REF: A) ANKARA 17 B) SILVERMAN-DEUTSCH 12/31/2003 
     E-MAIL C) 03 ANKARA 8015 D) 03 ANKARA 7800 
     E) ANKARA 224 
 
 
(U) Classified by DCM Robert Deutsch.  Reasons:  1.5 (B and 
D). 
 
 
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SUMMARY 
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1. (C) MFA DDG for the Americas Ilicak summoned Pol-Mil 
Counselor to the MFA January 15 to reiterate the GOT's 
understanding that the activities related to the rotation 
will be conducted in accordance with the rules/principles 
outlined by the Turks.  The MFA appears to have done so in 
response to the barrage of unmanaged criticism from the 
opposition and the media over the GOT's handling of the 
rotation issue.   Operations at Incirlik are running smoothly 
and we do not envision that changing as a result of the note. 
 Post does not believe we need to respond formally to the 
note.  End summary. 
 
 
--------------------------------------------- -------- 
CONCERN OVER US RESPONSE TO GOT'S ROTATION PRINCIPLES 
--------------------------------------------- -------- 
 
 
2. (C) MFA DDG for the Americas Suna Ilicak summoned Pol-Mil 
Counselor to the MFA January 15 to voice concerns about the 
USG's response (ref a) to the GOT's rules and principles 
regarding the use of Incirlik Air Base (IAB) to rotate US 
personnel in and out of Iraq (ref d).  During the meeting, 
Ilicak handed over a diplomatic note (see para 7 for text) 
that reiterates the GOT's understanding that the activities 
related to the rotation will be conducted within the confines 
of the "Rules and Principles to be Applied during Rotation 
Activities" that were attached to the diplomatic note the MFA 
handed over to us December 19, 2003 (ref d). 
 
 
3. (C) Ilicak opened the meeting by noting that the MFA had 
gone to great lengths in its deliberations with other GOT 
entities to work out a "special status" for the rotation.  In 
the GOT's eyes, the rules and principles attached to the 
MFA's December 19, 2003 diplomatic note accorded US forces 
"maximum flexibility" to carry out rotation-related 
activities.  She said the internal GOT deliberation process 
was "not easy," given the legal constraints and concerns 
expressed by other GOT entities.  Ilicak added that the GOT 
purposefully crafted its December 19 diplomatic note with 
"constructive ambiguity" in mind to allow both sides the 
flexibility they needed.  Ilicak argued that, in contrast, 
some of the language contained in the Embassy's January 2, 
2004 diplomatic note -- particularly the reference to the 
"Tax Relief Agreement of 1954 as amended and applied" -- was 
not helpful to the MFA's efforts to be flexible.  "You could 
have made our lives a lot easier by not including this 
language in your note and instead responded with a simple 
acknowledgment of our note," she said.  Speaking "off the 
record," Ilicak said the MFA had no choice but to respond 
formally to the US diplomatic note and reiterate the GOT's 
understanding that the rules and principles outlined in the 
MFA's December 19 note were to be applied during the course 
of the rotation operation.  "If someone were to demand that 
the MFA open its files and see that the MFA accepted your 
note without responding, our careers could be ruined." 
 
 
4. (C) Ilicak said FM Gul and the entire GOT were under heavy 
criticism from the opposition and the media for authorizing 
on their own the use of IAB for the rotation.  (Note:  late 
January 14, the MFA issued a press statement explaining that 
the GOT on its own made the decision to allow the US to use 
IAB, that all of the appropriate authorities had been 
consulted, and that the decision was based on UNSCRs 1483 and 
1511.  The statement thus far has not received wide coverage 
and therefore did little to lessen the criticism in the daily 
papers January 15.  TGS is planning to address this issue 
publicly January 16.  End note.) 
 
 
5. (C) PMA Counselor said the USG appreciated Turkey's 
decision to allow us to use IAB.  The operations at Incirlik 
thus far were going smoothly and acceptable arrangements had 
been worked out.  While we appreciated the legal and other 
constraints the GOT may have faced in deciding to authorize 
us to use IAB, the US also faced constraints that required us 
to conduct the operation under existing agreements.  PMA 
Counselor noted that in the past, the US and Turkey had had 
different views about the applicability of existing 
agreements to the use of IAB.  In those cases, we were able 
to work out practical operating procedures to address 
concerns or problems that occurred.  He added that the 
Embassy had drafted its diplomatic note with this past in 
mind. 
 
 
6. (C) Comment:  The GOT's decision to issue a formal 
response to our diplomatic note and reiterate its position 
that Turkey's understanding of the rules and principles 
applies to all rotation-related activities was driven by the 
barrage of unmanaged criticism of the GOT's handling of this 
issue by the opposition party and the media (ref e). 
Nonetheless, the rotation is running smoothly and we do not 
envision that changing as a result of the note.   Therefore, 
we do not believe the USG needs to respond formally to the 
note.  End comment. 
 
 
7. (C) Begin text of diplomatic note number ALGY/2004-16: 
 
 
The Ministry of Foreign Affairs of the Republic of Turkey 
presents its compliments to the Embassy of the United States 
of America and with reference to the Ministry's Note No.: 
ALGY/2003-316 dated December 19, 2003 and the Embassy's Note 
No.: 003 date January 2, 2004 has the honor to inform the 
following: 
 
 
The Ministry would like to reiterate her understanding to the 
effect that the activities related to the rotation of the US 
personnel in support of Operation Iraqi Freedom through 
Incirlik Air Base will be conducted within the confines of 
the &Rules and Principles to Be Applied During Rotation 
Activities8 as attached to the Ministry,s aforementioned 
Note. 
 
 
The issue of flight clearance will continue to be handled in 
line with the contents of the Turkish General Staff document 
dated December 31, 2003 and No.: 
1523-1732-03/Kom.Kont.D:(Hv.Svn.S.) (2)33412154. 
 
 
The Ministry of Foreign Affairs of the Republic of Turkey 
avails itself of this opportunity to renew to the Embassy of 
the United States of America the assurances of its highest 
consideration. 
 
 
End text. 
EDELMAN