US embassy cable - 04GUATEMALA108

UNCLAS GUATEMALA 000108 
 
SIPDIS 
 
DEPARTMENT FOR WHA/CEN, AND PM/B 
 
E.O. 12958: N/A 
TAGS: PREL, PGOV, MARR, KTIA, MASS, GT, ICC 
SUBJECT: ARTICLE 98 LETTER TO SECRETARY POWELL FROM 
OUTGOING GUATEMALAN FOREIGN MINISTER GUTIERREZ 
 
1. Outgoing Foreign Minister Gutierrez sent a letter, dated 
January 13 (his last day in office), to Secretary Powell 
stating his understanding that Guatemala is exempt from the 
restrictions on U.S. military aid under the Servicemember's 
Protection Act of 2001 (SPA), due to the fact that Guatemala 
has not ratified the Treaty of Rome.  Gutierrez closes by 
reassuring the Secretary that Guatemala is interested in 
continued efforts to reach an agreement.  A copy of the 
letter has been faxed to WHA/CEN.  Our unofficial translation 
of the text is at paragraph 3. 
 
2.  Comment:  We have explained repeatedly to Gutierrez and 
the MFA that, while Guatemala is technically exempt from the 
provision of the SPA, we may well apply prohibitions as a 
matter of policy.  The Ambassador has an appointment with new 
FM Jorge Briz January 20 to discuss this issue, inter alia. 
 
3.  Begin unofficial translation: 
Edgar Gutierrez 
Minister of Foreign Relations 
 
Guatemala, January 13, 2004 
 
Dear Secretary of State: 
 
I wish to thank you for having met with me and my 
counterparts, the Foreign Ministers of Central America, on 
the margins of the last United Nations General Assembly, 
because I firmly believe that this meeting effectively 
contributed to strengthening our bilateral agenda. 
 
I also wish to acknowledge receipt of your letter of November 
21, 2003, which refers to your interest in completing an 
agreement to prohibit the extradition of U.S. citizens to the 
International Criminal Court.  Furthermore, I am aware that 
the United States has provided Guatemala, via joint 
humanitarian military exercises, medical attention and other 
benefits to certain rural regions of my country. 
 
I understand that according to Section 2007 - Prohibition 
Against U.S. Military Assistance to Members of the 
International Criminal Court - of the Servicemember's 
Protection Act, that your government may waive the 
prohibition in those cases where the President of the United 
States determines that it is in the U.S. interest to do so, 
or in those cases where a country has signed an agreement 
with the U.S. based on Article 98 of the Treaty of Rome. 
 
I wish to reiterate that although my country has subscribed 
to the Treaty of Rome, we have not yet finalized the process 
of approval and ratification.  As this is the case, I believe 
that the requirements of Section 2007 are not applicable to 
Guatemala. 
 
As you indicated in your letter, I note that you have 
developed a special version with the goal of addressing the 
concerns of some countries.  For example, I understand that 
some Article 98 agreements include a paragraph that is 
reserved for agreements with countries that are not parties 
to the Treaty of Rome, and specifies that said agreement 
remains subject to the international obligations of the 
parties. 
 
The Government of Guatemala, Mr. Secretary, under its guiding 
principals, will be disposed to continue working with you 
towards achieving a mutually satisfactory agreement. 
 
Sincerely, 
/s/ 
Edgar Gutierrez 
Minister of Foreign Relations 
 
End unofficial translation. 
HAMILTON