US embassy cable - 05BRASILIA815

C O N F I D E N T I A L SECTION 01 OF 02 BRASILIA 000815 
 
SIPDIS 
 
SENSITIVE 
 
STATE ALSO FOR WHA/BSC:MMATERA, DEFENSE ALSO FOR 
OSD:LYOUNG, SOUTHCOM ALSO FOR POLAD:DJOHNSON 
 
E.O. 12958: DECL: 03/24/2015 
TAGS: MARR, MOPS, MASS, BR, Domestic Politics 
SUBJECT: BRAZIL MILITARY EXERCISES, DIPLOMATIC NOTES 
 
Classified By: Deputy Chief of Mission Philip Chicola, reason 
1.4 d. 
 
1.  This message was coordinated with DAO, MLO, and POL. 
 
2.  (C) Over the next few months, Brazil will host a number 
of military exercises, including PKO South and Patriot Angel 
SAR.  While the GOB has provided its usual written assurances 
concerning protections for US personnel participating in 
these exercises, post understands Department of State and 
Department of Defense want to standardize the protections 
offered.  We should note that in the decades that the US and 
Brazil have been collaborating on military exercises, the GOB 
has always respected all norms and immunities concerning our 
personnel involved in those exercises -- and we are unaware 
of any incidents affecting US personnel that the GOB did not 
promptly resolve to our benefit.  We understand Washington 
concern with the lack of a SOFA with Brazil.  While the GOB 
has told us that it will not sign a SOFA, it has also 
affirmed it would accord to the maximum extent of its laws 
all necessary privileges to our personnel in Brazil on 
military exercises. 
 
3.  (SBU) For Washington guidance, mission offers following 
comments on draft Brazil SOFA: 
 
Each military exercise should be addressed individually with 
a separate dipnote.  We are concerned that Brazil will 
interpret a group dipnote as a backdoor SOFA and will reject 
it. 
 
Until now all US personnel, including military, entering 
Brazil use passports with valid visas, except those on port 
visits who are on limited duration liberty.  We do not 
believe that Brazil will allow personnel entry on military ID 
or military orders. 
 
Brazil already recognizes US drivers licenses and allows 
rental of vehicles for all personnel, including military. 
Although there is no need to stipulate such a requirement for 
these exercises, the GOB likely will not object to its 
inclusion in a dipnote. 
 
Brazil already allows US military personnel to wear uniforms. 
 We know of no Brazilian law that prevents this. US military 
personnel in country on exercises wear uniforms all the time. 
 
 
Brazil does not authorize the importation or carrying of 
weapons.  For the exercises at hand, this issue is irrelevant 
as it has been for all military exercises held on Brazilian 
territory for many years since they do not involve any 
activities involving weapons.  Because the right to carry 
firearms would require Brazilian Congressional approval, this 
issue is a real exercise killer. 
 
Brazil already allows duty free and inspection free 
importation of all equipment required for military exercises, 
through all entry points including commercial airports.  To 
date, this has not been an issue with Brazil.  Personal 
effects and baggage are treated the same as above and enter 
free of inspection and duties. 
 
Brazil already allows removal or local disposal of all US 
movable property and supplies, including personal effects, 
free of export duties, taxes or other charges. 
 
US military aircraft landing at Brazilian military bases are 
not charged any landing fees, etc.  US military aircraft 
utilizing civilian airfields pay reasonable charges.  This 
has been common practice for decades. 
 
The US military has never imported vehicles into Brazil for 
exercise support.  All vehicles, if required, are locally 
contracted.  The listed exercises do not require importation 
of US military vehicles.  While the GOB may have no problem 
with this clause, we do not want to put existing favorable 
treatment in jeopardy. 
 
The recognition or acceptance of US professional licenses for 
the Medical Readiness Training Exercise (MEDRETE) rests with 
the Brazilian military in internal GOB coordination as a 
precondition to the exercise.  While there is no need to 
include such a clause within the MEDRETE note, the GOB will 
likely not object to its inclusion.  It is not a relevant 
issue to the other exercises. 
 
Use of radio communications and frequencies is handled on a 
case-by-case basis with both militaries during the exercise 
planning/survey phase.  If properly worded, the GOB will not 
likely object.  However, its inclusion could delay things as 
the Foreign Ministry seeks to consult with technical experts. 
 We believe it is not relevant to the upcoming exercises. 
 
US military planners already utilize local contractors with 
Embassy support. 
 
The GOB will not receive well a demand that it accept full 
responsibility on all claims.  Brazil expects that the USG 
will pay reasonable costs for any damages sustained in an 
exercise, including injury or death.  To date, this has not 
been an issue.  Nor do we anticipate it will become an issue 
during the upcoming exercises.  Heavy equipment that could 
cause infrastructure damages is not a component of any of the 
exercises. 
 
Brazil already accords de facto A&T status for US personnel 
participating in military exercises. 
 
Danilovich