US embassy cable - 05SANJOSE2106

C O N F I D E N T I A L SAN JOSE 002106 
 
SIPDIS 
 
E.O. 12958: DECL: 09/09/2015 
TAGS: PREL, EAID, MASS, CS, KICC 
SUBJECT: ARTICLE 98 WORRIES REKINDLED IN COSTA RICA 
 
REF: A. SAN JOSE 234 
 
     B. 04 SAN JOSE 2233 
     C. O4 SAN JOSE 443 
 
Classified By: Charge Russell Frisbie for reasons 1.4 (a) and (d) 
 
Summary 
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1. (C) Foreign Minister Tovar told Charge that an Article 98 
agreement would not be approved in Costa Rica.  He was 
concerned, however, about the impact of the American 
Servicemembers' Protection Act (ASPA) and the Nethercutt 
Amendment on important U.S. assistance that Costa Rica had 
been receiving and had hoped to continue to receive.  End 
summary. 
 
Sudden flurry of press reports 
------------------------------ 
2. (U) More than two years after the GOCR stated 
unequivocally that it would not sign an Article 98 agreement 
(03 San Jose 1773), there has been a flurry of press 
attention to the issue and to the impact of the GOCR's 
position on U.S. assistance to Costa Rica.  Press interest 
was sparked by an August 27 reprinting of a New York Times 
article, "Cuts in economic aid anger neighbors," combined 
with the August 30-31 visit to Costa Rica of U.S. Southern 
Command General Craddock. 
 
3.  (U) Costa Rican press reports on Article 98, the American 
Servicemembers' Protection Act (ASPA), and the Nethercutt 
Amendment have contained a number of errors, which post has 
been trying to correct.  A September 8 editorial in the 
business daily, "La Republica," for example, stated that "the 
giant of the north" was pressuring Costa Rica to renounce its 
membership in the International Criminal Court (ICC) and also 
reported falsely that the USG had cut a program benefiting 
disabled persons because the GOCR refused to sign an Article 
98 agreement.  The editorial concludes that the GOCR was 
correct "not to accept a laceration of our sovereignty." 
 
MFA views 
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4. (U) Foreign Minister Tovar, responding to press inquiries 
about ASPA and the Nethercutt Amendment, said: "For the love 
of God, this is not the way to treat a country that is your 
friend."  He complained that the U.S. laws affecting aid to 
Costa Rica were "offensive" and asked why they make 
exceptions for Argentina, Australia, Japan, and European 
countries, but not for Costa Rica. 
 
5. (C) Charge paid a call on Tovar September 9 to discuss, 
among other things, Article 98 and to correct inaccuracies in 
the press.  Tovar said that Costa Rica would never be party 
to a politicized prosecution of a U.S. person, but it also 
could not take any action that would "undermine" its 
commitment to the ICC.  He pointed out that even if the GOCR 
were to sign an Article 98 agreement, the Legislative 
Assembly would not ratify it and Costa Rica's Supreme Court 
would find an Article 98 agreement to be unconstitutional. 
Charge stressed the importance of finding a formula to ensure 
that Costa Rica does not surrender a U.S. person to the ICC. 
 
Comment 
------- 
6. (C) The effects of ASPA and the Nethercutt Amendment are 
beginning to be felt in Costa Rica.  The Costa Rican Coast 
Guard and police are not getting the training they have been 
accustomed to receiving under our Bilateral Maritime 
Agreement for Counternarcotics Cooperation, and it will 
become increasingly difficult for the Coast Guard to repair 
its ships without U.S. assistance.  Costa Rica 
counternarcotics capability undoubtedly will diminish over 
time.  Further, trade-capacity assistance for implementation 
of the U.S.-Central American-Dominican Republic Free Trade 
Agreement (CAFTA-DR), to the extent it is funded with 
Economic Support Funds (ESF), will also suffer.  Nonetheless, 
the loss of assistance and consequent increase in the flow of 
illegal drugs through Costa Rican territory and waters is 
unlikely to change any minds in the GOCR regarding Article 98. 
FRISBIE