US embassy cable - 05SANTIAGO1677

C O N F I D E N T I A L SANTIAGO 001677 
 
SIPDIS 
 
STATE FOR WHA/BSC, PM 
 
E.O. 12958: DECL: 08/09/2015 
TAGS: MARR, PGOV, PREL, CI, SOFA/ARTICLE 98 
SUBJECT: MFA LEGAL ADVISOR ON PROSPECTS FOR LONG-TERM SOFA 
 
REF: A. SANTIAGO 0461 
 
     B. STATE 21154 
 
Classified By: Deputy Chief of Mission Emi L. Yamauchi. Reasons: 1.4 (b 
 and d). 
 
1. (C) On August 4, E/POL Counselor spoke one-on-one with 
Foreign Ministry Legal Advisor Claudio Troncoso to follow up 
on our request for a Status of Forces Agreement (SOFA), and 
to explore whether the GOC was ready to discuss specifics. 
Troncoso reiterated cautions we had heard before from MFA: a) 
there was little chance the Lagos Administration would be 
willing to take any kind of a SOFA agreement to Congress in 
advance of the December 2005 presidential and congressional 
elections; and, b) in the event a new administration did 
submit a SOFA to Congress in 2006 or later, the issue of 
reciprocity would be salient and problematic.  Troncoso 
agreed, however, that there were elements in the USG proposed 
SOFA that might be amenable to inclusion in an executive 
agreement that would not need approval from the Chilean 
Congress.  Troncoso added that imminent Chilean legal reforms 
would further expand the scope of what could be included in 
executive agreements. 
 
2. (C) Troncoso agreed that now was perhaps the time to begin 
discussing -- informally -- specific elements of the proposed 
SOFA.  He intimated that no formal steps were likely before 
the end of 2005, but agreed that our militaries, planning 
and scheduling of exercises/exchanges might drive the 
timetable.  Troncoso said he would ask the Special Policies 
Department under Ambassador Winter to discuss specifics with 
the Embassy, and to coordinate with the Chilean military. 
 
------- 
Comment 
------- 
 
3. (C) Some items contained in the proposed SOFA text, such 
as indemnity, likely will require Chilean congressional 
action for juridical or political reasons.  However, Troncoso 
was mildly encouraging in his assessment that other elements 
may be achievable without having to take the Congressional 
approval route.  Embassy will continue to follow up with 
Ambassador Winter,s office. 
KELLY