US embassy cable - 03GUATEMALA307

UNCLAS SECTION 01 OF 03 GUATEMALA 000307 
 
SIPDIS 
 
DEPARTMENT FOR WHA/PPC (LYNN) AND PM/B (WESTMORELAND) 
 
E.O. 12958: N/A 
TAGS: MARR, MOPS, MASS, PREL, GT 
SUBJECT: CIRCULAR 175 REQUEST FOR NEW HORIZIONS 2004 
MILITARY EXERCISE 
 
1. Summary and Action Request:  Post requests circular 175 
authority to negotiate an exercise-specific agreement with 
the Government of Guatemala (GOG) that would cover U.S. 
personnel participating the planned New Horizons 2004 - 
Guatemala exercise.  Except for point number 13 which 
incorporates Article 98-like protections and a few minor 
edits to limit the scope of the agreement to the exercise, 
the text of the diplomatic note proposed below is identical 
to the Status of Forces Agreement Post was authorized to 
negotiate with the GOG in January 2001.  Given that the GOG 
under separate administrations has essentially refused to 
respond to repeated requests to negotiate updated SOFAS 
(pending since March 1999), Post proposes the 
exercise-specific agreement as an intermediate step that 
would help set a positive precedent for a full-blown SOFA in 
the future. 
 
2. New Horizons 2004 is a joint Humanitarian and Civic 
Assistance (HCA) exercise designed to provide training 
opportunities for U.S. military engineers and support 
personnel via the construction of schools, clinics and water 
wells in the impoverished Guatemalan province of Jutiapa. 
The exercise will include Medical Readiness Training 
Exercises (MEDRETES) at several sites in the same area, and 
is scheduled for the March - June 2004 time frame.  End 
Summary. 
 
3. Begin text of proposed diplomatic note. 
 
The Embassy of the United States of America presents its 
compliments to the Ministry of Foreign Relations of the 
Republic of Guatemala and has the honor to refer to ongoing 
discussions between representatives of our two governments 
regarding issues related to the status of the United States 
military and civilian personnel who are employees of the 
United States Armed Forces and who may be temporarily present 
in Guatemala in connection with the Humanitarian and Civic 
Assistance (HCA) exercise known as New Horizons 2004 - 
Guatemala (hereafter referred to as "the exercise"), planned 
to be conducted jointly by the Guatemalan and United States 
Armed Forces from 1 March - 30 June, 2004  (hereafter 
referred to as the "duration of the exercise").  The Embassy 
has the honor to propose the following agreement between our 
two governments with regard to the conduct of the exercise: 
 
--The present agreement will be in addition to the following 
accords: The Military Air Transit Agreement of December 29, 
1949; the General Accord on Technical Cooperation of 
September 1, 1954; the Military Assistance Agreement of June 
18, 1955, and the Status of Military Mission Personnel 
Agreement of May 4, 1965. 
 
--The present agreement does not imply the passage of a 
foreign army through Guatemalan national territory, nor the 
temporary establishment of foreign military bases. 
 
--"United States Personnel" shall mean military and civilian 
personnel of the United States Armed Forces temporarily 
present in Guatemala in connection with the exercise. 
 
--It shall be the responsibility of the United States 
personnel to respect the laws of Guatemala and to abstain 
from any activity inconsistent with the spirit of the 
agreement herein described.  United States authorities will 
take necessary measures to that end. 
 
--The Government of Guatemala shall accord to the United 
States personnel temporarily present in Guatemala in 
connection with the exercise status equivalent to that 
accorded to the administrative and technical staff of the 
United States Embassy in accordance with the Vienna 
Convention on Diplomatic Relations of April 18, 1971.  If, 
notwithstanding the preceding sentence, Guatemalan 
authorities detain any United States personnel, the 
Guatemalan authorities shall immediately notify the Embassy 
of the United States of America in Guatemala and promptly 
return such personnel to United States control.  Guatemalan 
and U.S. military police investigators shall cooperate in the 
investigation of any crime believed to have been committed by 
or against United States personnel. 
 
--United States personnel may enter and leave Guatemala with 
United States Government identification and collective 
movement or individual travel orders. 
 
--United States personnel may wear their uniforms while 
performing official duties in Guatemala. 
 
--United States personnel in Guatemala shall enjoy freedom of 
movement and the right to undertake those activities deemed 
necessary for the performance of their mission. Guatemalan 
authorities shall accept as valid, without a driving test or 
fee, a driving permit or license issued by the appropriate 
United States authority to United States personnel for the 
operation of military or official vehicles.  Vehicles owned 
by the United States need not be registered, but shall have 
appropriate identification markings. 
 
--The Government of Guatemala shall accept as valid medical 
licenses issued by the appropriate United States authorities 
to United States personnel. 
 
--The Government of the United States of America and the 
Government of Guatemala shall waive any and all claims 
against each other, other than contractual claims, for 
damage, loss, or destruction of the other's property arising 
from activities to which this agreement applies. 
 
--The Government of Guatemala shall indemnify the United 
States Government for all claims by anyone (vice "third 
parties") arising from the activities of United States 
personnel related to the exercises.  For all other claims, 
(vice "by third parties") the Government of the United States 
of America shall consider the claims and decide whether it 
will offer an ex gratia payment, and if so, in what amount. 
The Government of Guatemala shall, upon the request of the 
United States Government, submit advice and recommendations 
on Guatemalan law to the claims authorities of the United 
States Government for their use in evaluating liability and 
the amount of damages.  These claims shall be expeditiously 
processed and settled by United States authorities in 
accordance with United States law. 
 
--The military and civilian personnel of the United States 
Armed Forces shall not be subject to any proceedings for the 
enforcement of any judgment given against them in Guatemala 
in a matter arising from the performance of their official 
duties. 
 
--The Government of Guatemala and the Government of the 
United States agree that neither government will surrender, 
expel or transfer by any means, personnel of the other 
government to any international tribunal for any purpose, 
unless such tribunal is established by the UN Security 
Council, without the expressed consent of the other 
government.  Both governments further agree that neither 
government will surrender, expel, or transfer by any means 
personnel of the other government to any entity or third 
country for the purpose of surrender to or transfer to any 
international tribunal, unless such tribunal has been 
established by the UN Security Council, without the expressed 
consent of the other government. 
 
--United States Government equipment, material, supplies and 
other property imported into or acquired in Guatemala by or 
on behalf of the United States Armed Forces in connection 
with the exercise, shall be free from all Guatemala 
inspections, duties, taxes, and other charges.  Title to such 
property shall remain with the United States Government, 
which may remove such property from Guatemala at any time, 
free from export duties, taxes, and similar charges.  The 
exemption provided in this paragraph shall also extend to any 
duty, tax, or other charges, which would otherwise be 
assessed upon such property after importation into, or 
acquisition in, Guatemala.  Such property may be removed from 
Guatemala, or disposed therein, provided that disposition of 
such property in Guatemala to persons or entities not 
entitled to exemption from applicable taxes or duties shall 
be subject to payment of such taxes and duties by such 
persons or entities. 
 
--Baggage, personal effects and other property for the 
personal use of United States personnel may be imported into 
and used in Guatemala free from all inspections, taxes and 
other charges during the period of their service in 
Guatemala.  Such property shall normally be exported or 
transferred to other United States personnel.  Transfers of 
such property to persons or entities in Guatemala not 
entitled to import privileges may be made only under terms 
and conditions including payment of applicable duties and 
taxes imposed by the Government of Guatemala.  The 
exportation of such property and of property acquired in 
Guatemala by United States personnel shall be free from all 
duties, taxes, and other charges. 
 
--The United States Armed Forces and United States personnel 
may use water, electricity, and other public utilities and 
facilities on terms and conditions, including rates or 
charges, no less favorable than those available to the 
Guatemalan Armed Forces, in like circumstances, unless 
otherwise agreed.  The Government of Guatemala shall, upon 
request, assist United States authorities in obtaining water, 
electricity, and other public utilities and facilities. 
 
--Guatemalan authorities shall permit the United States Armed 
Forces and United States personnel to utilize radio 
communication for the conduct of official duties of the 
United States personnel.  The Government of Guatemala shall 
notify the United States Armed Forces of the radio 
frequencies for local and international official 
communication to be used for this purpose. 
 
--United States personnel may deploy with all authorized unit 
and individual equipment.  Maintenance, control, and security 
of equipment will be  the responsibility of the United States 
Armed Forces. 
 
--Vehicles, vessels, and aircraft owned or operated by or for 
the United States Armed Forces shall not be subject to the 
payment of landing or port fees, pilotage charges, navigation 
or overflight charges, or tolls or other use charges, 
including light and harbor dues while in Guatemala.  However, 
the United States Armed Forces shall pay reasonable charges 
for services requested and received.  Aircraft operated by or 
for the United States Armed Forces shall observe local air 
traffic control regulations while in Guatemala.  Vessels 
owned or operated by or for the United States Armed Forces 
shall not be subject to compulsory pilotage in Guatemala, but 
United States Armed Forces will allow a Guatemalan military 
observer on board while in Guatemalan territorial water to 
comply with Guatemalan law. 
 
--United States and Guatemalan authorities may cooperate in 
taking such steps as may be necessary to insure the security 
of United States personnel and property in Guatemala pursuant 
to the provisions herein described. 
 
--The specific responsibilities and actions necessary to 
execute this agreement will be specified in a Memorandum of 
Agreement between the armed forces of both countries.  Any 
differences regarding the interpretation or application of 
the provisions herein described shall be resolved by 
consultation between our two governments. 
 
--The United States has the honor to propose that if the 
foregoing is acceptable to the Government of Guatemala, this 
note and your note in reply shall constitute an agreement 
between our two governments to conduct the exercise under the 
terms of this agreement, which shall enter into force 60 days 
before the exercise commences and will remain in force until 
30 June 2004 or for the duration of the exercise. 
 
The Embassy of the United States of America avails itself of 
this opportunity to renew to the Ministry of Foreign 
Relations of the Republic of Guatemala the assurances of its 
highest consideration.  End text. 
Hamilton