FECHA: 0000-00-00 00:00:00
FUENTE: Secretary of State
PRIVACIDAD: UNCLASSIFIED
REFERENCIA: VZCZCXYZ0007 OO RUEHWEB DE RUEHC #9186 0851654 ZNR UUUUU ZZH O R 261636Z MAR 09 FM SECSTATE WASHDC TO RUEHZP/AMEMBASSY PANAMA IMMEDIATE 0000 INFO RHMFISS/JOINT STAFF WASHINGTON DC RUEKJCS/SECDEF WASHINGTON DC RHMFISS/CDR USSOUTHCOM MIAMI FL
UNCLAS STATE 029186
SIPDIS
E.O. 12958: N/A
TAGS: KTIA, MARR, MOPS, PM, PREL, US
SUBJECT: AGREEMENT WITH PANAMA ON STATUS OF FORCES FOR A
MEDICAL READINESS TRAINING EXERCISE FROM APRIL 11-29, 2009
REF: A. STATE 049307 (2006)
1. THIS IS AN ACTION REQUEST. SEE PARAGRAPHS 2, 5, & 6.
2. DOD HAS ASKED THE DEPARTMENT TO SECURE STATUS PROTECTIONS
FOR U.S. MILITARY PERSONNEL WHO WILL BE PRESENT IN PANAMA,
FROM APRIL 11 - 25, 2009, IN CONJUNCTION WITH A MEDICAL
READINESS TRAINING EXERCISE. POST IS REQUESTED TO
IMMEDIATELY PROPOSE TO THE GOVERNMENT OF PANAMA AN EXCHANGE
OF DIPLOMATIC NOTES FOR THIS PURPOSE, USING THE TEXT AT
PARAGRAPH 3. TO AVOID THE EXCHANGE OF MULTIPLE NOTES, POST
SHOULD PRESENT THE BELOW NOTE IN A DRAFT FORMAT AND SEND A
FINAL NOTE ONLY AFTER REACHING AGREEMENT ON THE TEXT.
(COMMENT: WITH THE EXCEPTION OF THE ACTIVITY, THE TEXT IS
SUBSTANTIALLY SIMILAR TO THAT IN REFTEL.)
3. BEGIN TEXT OF DRAFT NOTE: (COMPLIMENTARY OPENING) AND HAS
THE HONOR TO REFER TO RECENT DISCUSSIONS BETWEEN
REPRESENTATIVES OF THE TWO GOVERNMENTS REGARDING THE STATUS
OF UNITED STATES PERSONNEL, AS DEFINED IN THE EMBASSY,S NOTE
NO. 834, DATED JULY 3, 2001, AND THE MINISTRY,S NOTE DM NO.
0301/2001, DATED JULY 10, 2001, WHO MAY BE TEMPORARILY
PRESENT IN PANAMA IN CONNECTION WITH A MEDICAL READINESS
TRAINING EXERCISE FROM APRIL 11 - 25, 2009. UNITED STATES
PERSONNEL PARTICIPATING IN THIS EXERCISE WILL TOTAL
APPROXIMATELY FIFTEEN (15), AND WILL BE IN UNIFORM AS
AUTHORIZED. THE PURPOSE OF THE VISIT IS TO CONDUCT MEDICAL
READINESS TRAINING. The Panamanian counterpart is Dr.
FEDERICO AVILA, Regional Director, Ministry of Health,
CHIRIQUI.
THE EXERCISE WILL TAKE PLACE IN DAVID, CHIRIQUI.
AS A RESULT OF THESE DISCUSSIONS, THE EMBASSY PROPOSES THAT
UNITED STATES PERSONNEL SHALL BE ACCORDED A STATUS EQUIVALENT
TO THAT ACCORDED TO THE ADMINISTRATIVE AND TECHNICAL STAFF OF
THE EMBASSY OF THE UNITED STATES OF AMERICA UNDER THE VIENNA
CONVENTION ON DIPLOMATIC RELATIONS OF APRIL 18, 1961 (VIENNA
CONVENTION). THE UNDERSTANDINGS CONTAINED IN THE EMBASSY,S
NOTE NO. 835 DATED JULY 3, 2001 AND THE MINISTRY,S REPLY IN
NOTE NO. D.M. 0300/2001 DATED JULY 10, 2001, SHALL APPLY.
UNITED STATES PERSONNEL SHALL BE PERMITTED TO ENTER AND EXIT
PANAMA WITH UNITED STATES IDENTIFICATION AND WITH COLLECTIVE
MOVEMENT OR INDIVIDUAL TRAVEL ORDERS, IN ACCORDANCE WITH AN
AGREEMENT ON NON-IMMIGRANT VISAS BETWEEN THE UNITED STATES
AND PANAMA, WHICH HAS BEEN IN FORCE SINCE JUNE 1, 1956, AS
AMENDED, EXCEPT THAT THE GOVERNMENT OF PANAMA SHALL WAIVE THE
REQUIREMENT FOR TOURIST CARDS AND RELATED FEES. PANAMANIAN
AUTHORITIES SHALL ACCEPT AS VALID DRIVING LICENSES OR PERMITS
ISSUED BY THE APPROPRIATE U.S. AUTHORITIES TO UNITED STATES
PERSONNEL FOR OPERATION OF VEHICLES; AND SUCH PERSONNEL SHALL
BE AUTHORIZED TO WEAR U.S. GOVERNMENT ATTIRE (UNIFORMS) AND
TO CARRY AUTHORIZED EQUIPMENT WHEN REQUIRED FOR THEIR MISSION
WHILE PERFORMING OFFICIAL DUTIES.
THE EMBASSY OF THE UNITED STATES FURTHER PROPOSES THAT THE
GOVERNMENT OF PANAMA ACCORD DUTY-FREE IMPORTATION AND
EXPORTATION, AS WELL AS EXEMPTION FROM INSPECTION AND
TAXATION OF PRODUCTS, PROPERTY, MATERIEL, AND EQUIPMENT
IMPORTED INTO, ACQUIRED IN, OR EXPORTED FROM PANAMA BY OR ON
BEHALF OF THE U.S. GOVERNMENT OR ITS PERSONNEL IN CONNECTION
WITH THEIR MISSION IN PANAMA, EXCEPT THAT UNITED STATES
PERSONNEL SHALL NOT BE EXEMPT FROM PANAMANIAN TAXES ON ITEMS
PURCHASED IN PANAMA FOR THEIR PERSONAL USE.
THE TWO GOVERNMENTS SHALL COOPERATE IN TAKING THE NECESSARY
STEPS TO ENSURE THE SECURITY OF UNITED STATES PERSONNEL AND
PROPERTY IN PANAMA.
VESSELS AND AIRCRAFT OWNED OR OPERATED BY OR FOR UNITED
STATES ARMED FORCES SHALL NOT BE SUBJECT TO PAYMENT OF
LANDING OR PORT FEES, PILOTAGE CHARGES, NAVIGATION,
OVERFLIGHT OR PARKING CHARGES OR LIGHTERAGE OR HARBOR DUES
WHILE IN PANAMA, EXCEPT FOR THE CHARGES RELATED TO THE NORMAL
TRANSIT OF THE PANAMA CANAL, PREVIOUSLY AGREED TO; THE UNITED
STATES ARMED FORCES SHALL PAY REASONABLE CHARGES FOR SERVICES
REQUESTED AND RECEIVED.
IT SHALL BE THE RESPONSIBILITY OF UNITED STATES PERSONNEL TO
RESPECT THE LAWS OF PANAMA AND TO ABSTAIN FROM ANY ACTIVITY
INCONSISTENT WITH THE SPIRIT OF THEIR MISSION. AUTHORITIES OF
THE GOVERNMENT OF THE UNITED STATES OF AMERICA SHALL TAKE THE
NECESSARY STEPS TO THAT END.
APPROPRIATE PANAMANIAN AND U.S. MILITARY OR CIVILIAN POLICE
AUTHORITIES SHALL COOPERATE IN THE INVESTIGATION OF ANY CRIME
BELIEVED TO HAVE BEEN COMMITTED BY OR AGAINST UNITED STATES
PERSONNEL.
THE GOVERNMENT OF PANAMA SHALL ACCEPT FULL RESPONSIBILITY
FOR, AND SHALL HOLD THE UNITED STATES GOVERNMENT HARMLESS
FROM, ANY AND ALL CLAIMS ARISING FROM THE USE OF PROJECTS
CONSTRUCTED, OR IN THE PROCESS OF BEING CONSTRUCTED IN WHOLE
OR IN PART, BY UNITED STATES PERSONNEL IN CONNECTION WITH
THEIR MISSION IN PANAMA.
FINALLY, BOTH GOVERNMENTS SHALL WAIVE ANY AND ALL CLAIMS
(OTHER THAN CONTRACTUAL CLAIMS) AGAINST EACH OTHER FOR
PERSONAL INJURY TO OR DEATH OF THEIR MILITARY OR CIVILIAN
PERSONNEL, OR FOR DAMAGE, LOSS, OR DESTRUCTION OF THE
OTHER,S PROPERTY ARISING OUT OF ACTIVITIES COVERED BY THIS
AGREEMENT. THE UNITED STATES SHALL PAY, IN ACCORDANCE WITH
UNITED STATES LAW, FAIR AND REASONABLE COMPENSATION IN
SETTLEMENT OF MERITORIOUS CLAIMS BY THIRD PARTIES ARISING OUT
OF ACTS OR OMISSIONS OF UNITED STATES PERSONNEL, OR WHICH ARE
OTHERWISE INCIDENT TO AGREED ACTIVITIES BY UNITED STATES
PERSONNEL IN CONNECTION WITH THEIR MISSION IN PANAMA.
ADDITIONAL ARRANGEMENTS AS MAY BE NECESSARY MAY BE ENTERED
INTO BY THE APPROPRIATE AUTHORITIES OF THE TWO GOVERNMENTS.
THE EMBASSY OF THE UNITED STATES OF AMERICA PROPOSES THAT
THIS NOTE AND THE MINISTRY,S REPLY THERETO SHALL CONSTITUTE
AN AGREEMENT BETWEEN THE TWO GOVERNMENTS ON THIS SUBJECT AND
THAT ITS PROVISIONS SHALL ENTER INTO FORCE AS OF THE DATE OF
THE MINISTRY,S REPLY. (COMPLIMENTARY CLOSING.) END TEXT.
4. (U) THE SUGGESTED REPLY OF THE GOVERNMENT OF PANAMA
SHOULD READ AS FOLLOWS: BEGIN TEXT: (COMPLIMENTARY OPENING)
AND REFERS TO THE EMBASSY,S NOTE (NUMBER AND DATE) WHICH
READS AS FOLLOWS:
(QUOTE U.S. NOTE IN ITS ENTIRETY).
THE MINISTRY OF FOREIGN RELATIONS HAS THE FURTHER HONOR TO
INFORM THE EMBASSY OF THE UNITED STATES OF AMERICA THAT THE
PROPOSALS SET FORTH IN THE EMBASSY,S NOTE ARE ACCEPTABLE TO
THE GOVERNMENT OF PANAMA AND TO CONFIRM THAT THE EMBASSY,S
NOTE AND THIS NOTE SHALL CONSTITUTE AN AGREEMENT BETWEEN THE
TWO GOVERNMENTS, WHICH SHALL ENTER INTO FORCE ON THIS DATE.
END TEXT.
5. (U) ANY HOST COUNTRY PROPOSAL FOR CHANGES TO THE U.S.
TEXT SHOULD BE REFERRED TO THE DEPARTMENT. STATE POCS ARE
MARSHA SINGER, WHA/CEN, 202-647-3505, OR CDR TOM HEROLD,
L/PM, 202-647-7563. THE DEPARTMENT OF DEFENSE POCS ARE DAVID
CLOE, 703-697-3628, AND WALTER EARLE, OSD/WHA, 703-697-3327.
6. (U) UPON CONCLUSION OF THE EXCHANGE OF NOTES, EMBASSY
SHOULD REPORT THE AGREEMENT BY CABLE, AND SEND THE ORIGINAL
HOST COUNTRY NOTE WITH A CERTIFIED COPY OF THE U.S. NOTE TO
THE DEPARTMENT, L/T, ROOM 5420 (ATTN: DAPHNE COOK).
CLINTON
