US embassy cable - 05KINGSTON2318

UNCLAS SECTION 01 OF 02 KINGSTON 002318 
 
SIPDIS 
 
FOR WHA/CAR 
ALSO FOR WHA/EX 
ALSO FOR OFM 
 
E.O. 12958:  N/A 
TAGS: AMGT, PREL, JM 
SUBJECT:  MFA&FT MEETS WITH DIPLOMATIC CORPS RE 
COMPREHENSIVE INSURANCE REQUIREMENTS 
 
REF:  KINGSTON 2293 
 
1.   SUMMARY:  Senior Ministry of Foreign Affairs and 
Foreign Trade (MFA&FT) officials met with members of the 
diplomatic corps on October 11 to discuss the GOJ 
requirement to insure diplomatic vehicles comprehensively 
for a value to cover duties and sales tax.  MFA&FT agreed to 
resume on an interim basis issuance of vehicle licenses and 
annual renewal stickers, for a period of six weeks while the 
GOJ reviews the policy.  Members of the diplomatic corps 
will provide input regarding their governments' practices on 
insurance requirements.  The objective is to ensure that 
Jamaican nationals are adequately protected against damages 
caused by diplomats who cannot be compelled to appear before 
Jamaican courts.  Post will continue to monitor and report 
on developments.  END SUMMARY. 
 
2.   Permanent Secretary of the Ministry of Foreign Affairs 
and Foreign Trade (MFA&FT) Ambassador Douglas Saunders 
invited the Dean of the Diplomatic Corps along with three or 
four colleagues to a meeting on Monday afternoon, October 
11, 2005, to discuss the GOJ's requirement that all 
diplomatic vehicles obtain comprehensive insurance.  The 
Dean, Trinidadian High Commissioner Dennis Francis, the UK 
(representing EU countries with Missions in Jamaica) and 
Nigerian High Commissioners, and the Canadian and US 
Management Counselors attended the meeting. 
 
3.   Saunders started off the meeting asserting that the GOJ 
policy requiring Foreign Missions and their diplomatic and 
non-diplomatic staff to insure their vehicles 
comprehensively for a value to include duties and sales tax 
has been on the books at least since the 1970's.  He also 
admitted that the GOJ had been remiss all these years making 
the current enforcement of the rule seem like a new policy. 
The GOJ, as he put it, had been acting in good faith, 
assuming that Foreign Missions were in compliance. 
 
4.   Saunders stated that in light of the issues that have 
arisen as a result of enforcement, the MFA&FT will review 
the policy, but that the review would take "some time."  He 
noted that effective immediately, the MFA&FT has lifted the 
requirement to insure for the value of duties and sales tax. 
The MFA&FT would also, on an interim basis for a period of 
six weeks, immediately resume granting licenses and annual 
renewal stickers, requiring only certificate of fitness and 
liability insurance.  Upon completion of the review, MFA&FT 
would advise Missions of any additional requirements. 
 
5.   According to Saunders, the crux of the issue stems from 
the diplomatic immunity extended to Foreign Missions and 
their diplomatic and non-diplomatic staff under the Vienna 
Convention on Diplomatic Relations.  The GOJ's objective 
with the insurance requirement, he added, is to ensure that 
the Jamaican public be protected against the acts of foreign 
diplomats and that third party liability insurance alone, as 
it currently exists under Jamaican law, is inadequate to 
provide sufficient protection because the minimum 
liabilities are too low.  He noted that a change in 
legislation might be necessary to address that issue. 
 
6.   Saunders discussed at some length MFA&FT's desire to 
treat all Foreign Missions the same, asserting that its 
internal resources did not allow it the flexibility to deal 
with these and other issues bilaterally and on the basis of 
strict reciprocity.  He hoped a one-size-fits-all policy 
would meet the needs of all Missions and asked that those 
present form a sort of steering committee that would 
hopefully represent the issues of all Foreign Missions in 
Jamaica.  He also requested additional input from Missions 
regarding practices in their countries on insurance 
requirements of foreign diplomats. 
 
7.   The Dean expressed appreciation to Saunders for 
arranging the meeting.  He noted that GOJ policies affect 
Missions differently and recognized the right of the GOJ to 
protect the interests of its nationals.  He stressed that 
what was unclear to the diplomatic corps was how the 
requirement to insure comprehensively would in any way aid a 
Jamaican national.  He suggested there should be some 
"discovery" to determine if the existing policy serves the 
objective. 
 
8.   All of the foreign diplomats present indicated that 
each of their Governments requires Foreign Missions and 
their members to obtain liability insurance while none 
required comprehensive insurance.  The UK High Commissioner 
mentioned that in most EU countries the requirement is for 
"fully adequate" liability insurance.  As the meeting 
progressed it became clear that "fully adequate" liability 
insurance is the objective the GOJ seems to be pursuing. 
 
9.   COMMENT:  This matter is by no means closed.  If the 
MFA&FT resumes immediate issuance of renewal stickers as 
promised, the immediate crisis will be behind us.  However, 
as the GOJ reviews its policy with a number of Jamaican 
stakeholders, including other agencies of the GOJ and the 
parliament, we can anticipate a number of proposals being 
put forth, many of which could be unacceptable.  Post and 
the Department should continue to monitor developments and 
provide input as appropriate to ensure that the final 
outcome is acceptable and workable for Embassy Kingston. 
END COMMENT. 
 
TIGHE