O 112104Z JAN 07 FM AMEMBASSY SAN SALVADOR TO RUEHC/SECSTATE WASHDC IMMEDIATE 4837 C O N F I D E N T I A L SAN SALVADOR 000049 SUBJECT: EL SALVADOR'S PROPOSED

CHANGES FOR SOFA REF: 06 STATE 163912 Classified By: DCM Michael A. Butler. (b) and (d) Reasons 1.4

1. (C) Presidential Legal Adviser Luis Mario Rodriguez sent the Embassy a formal request for proposed changes to the Status of Forces Agreement (ref A) on January 11, 2006. The proposed changes are as follows: --Suggests (though does formally propose) striking the paragraph that reads, "The Government of El Salvador recognizes the particular importance of disciplinary control by the United States Armed Forces Authorities over the United States Personnel and, therefore, authorizes the Government of the United States to exercise criminal jurisdiction over United States Personnel while in El Salvador." The attached note mentions that, as these personnel will have A and T immunity in conformity with the Vienna Convention as mentioned in previous paragraphs, the SOFA already excludes the possibility of Salvadoran

penal jurisdiction. -Formally proposes adding language in the next paragraph that would subject the importation of goods into El Salvador to random inspection, but would allow for such inspection to take place at the site of the exercise as opposed to at the port of entry. Necessary documentation would, however, need to be presented at the port of entry for all goods. --In the paragraph concerning tax exemption for military contractors, formally proposes adding language that specifies that only contractors under direct contract with the U.S. Department of Defense, and only during agreed upon activities, would receive the stated exemptions and benefits. --Formally proposes one of two options concerning the following line, "Claims by third parties for damages or loss caused by United States Personnel shall be resolved by the United States Government in accordance with United States Laws and Regulations." The first option presented is to replace the end of the sentence with "shall be resolved in accordance with applicable legislation." The second option presented is to replace the second half of the sentence with "shall be resolved in accordance with United States Laws and Regulations, with said government granting the third party (or a legally empowered representative) access so that any dispute can be effectively and attentively resolved. This is only an unofficial translation. The

document containing the proposed changes has been scanned and sent to WHA/CEN El Salvador desk for official translation and distribution. 2. (C) COMMENT: Advisers to President Saca have indicated these changes are necessary for the Administration to push the SOFA through the Legislative Assembly, where the FMLN is likely to find any excuse to accuse the GOES of ceding too much sovereignty. The Administration wants to be able to assure the FMLN and other potential critics that Salvadorans will be able to receive redress in U.S. Courts for incidents that may occur in El Salvador. Post urges flexibility in addressing these changes, as the GOES has privately shown great will to cooperate and make this agreement a reality. The humanitarian and other exercises that bring American Forces to El Salvador are a major positive aspect of this bilateral relationship. The GOES continues to show extraordinary will to maintain troops as a dedicated member of the Coalition in Iraq. Rodriguez has assured the Embassy that if he receives confirmation of the acceptance of these changes by COB on Friday January 12, the Executive will submit and pass the SOFA in the Legislative Assembly next week. Barclay (Edited and reading.) reformatted by Andres for ease of