Published by Wikileaks & Bivol.bg
date: 3/28/2006 8:19 refid: 06SOFIA454 origin: Embassy Sofia classification: CONFIDENTIAL destination: 06SOFIA121 header: VZCZCXRO3813 PP RUEHFL RUEHKW RUEHLA RUEHROV RUEHSR DE RUEHSF #0454/01 0870819 ZNY CCCCC ZZH P 280819Z MAR 06 FM AMEMBASSY SOFIA TO RUEHC/SECSTATE WASHDC PRIORITY 1672 INFO RUEHZL/EUROPEAN POLITICAL COLLECTIVE PRIORITY RUEKJCS/SECDEF WASHINGTON DC PRIORITY RUEKJCS/JOINT STAFF WASHINGTON DC PRIORITY RHEHNSC/NSC WASHINGTON DC PRIORITY RHMFISS/CDR USEUCOM VAIHINGEN GE PRIORITY C O N F I D E N T I A L SECTION 01 OF 02 SOFIA 000454 SIPDIS SIPDIS STATE FOR EUR AND PM - AMBASSADOR LOFTIS E.O. 12958: DECL: 03/28/2016 TAGS: MARR, PGOV, PREL, KPAO, BU SUBJECT: BULGARIA: NEGOTIATING TEAMS AGREE ON BASING TEXT REF: SOFIA 0121 Classified By: Ambassador John Beyrle for reasons 1.4 a and d. 1. (C) SUMMARY. An interagency negotiating team led by PM/SNA Senior Advisor Ambassador Robert Loftis reached agreement "ad referendum" with the GOB on all articles of the Defense Cooperation Agreement March 23. The U.S. team preserved USG red lines in all areas including freedom of action (or operational flexibility) and criminal jurisdiction. The issue of nuclear weapons is not mentioned in the agreement, but will be addressed in an unclassified exchange of side letters referring to the NATO-Russia Founding Act. Both sides hope to be ready for a signing ceremony at the informal NATO ministerial in Sofia April 27-28. To achieve this, the English and Bulgarian texts must be conformed in time for approval by the Council of Ministers at its weekly meeting on April 20. END SUMMARY. 2. (C) During the March 22-23 negotiating session in Sofia, the U.S. and Bulgarian delegations agreed on the text of a combined supplemental Status of Forces Agreement (SOFA) and Defense Cooperation Agreement (DCA), referred to as the "Agreement Between the Government of the United States of America and the Government of the Republic of Bulgaria on Defense Cooperation." In addition to the provisions already settled in previous rounds (reftel), agreement was reached on the following articles: IV. Use of Facilities and Areas: This is the core of the agreement, giving the United States access to agreed Bulgarian military facilities. The Article notes that military activities will be undertaken "with consultation and consideration of the views of both Parties." The Article does not/not commit the United States to prior consultations or give the Bulgarians the right of veto over U.S. action. V. Prepositioning of Defense Equipment, Supplies and Materiel: Bulgaria had wanted to explicitly address the non-stationing of nuclear weapons in the text of the agreement, but agreed to an exchange of letters to adress the issue. (See paragraph 4). IX. Movemnt of Aircraft, Vessels and Vehicles: United State military aircraft will not/not be required to py overflight or navigation fees or landing/parkin fees at government airports, and United States essels will not be required to pay harbor dues, ilotage fees, lighterage charges, etc., at military ports. X. Criminal Jurisdiction: Bulgaria agrees to waive its primary right to exercise jurisdiction under the NATO SOFA over members of the U.S. force alleged to have committed a crime not arising out of their official duty, while reserving the right to recall the waiver in specific cases of particular importance to the GOB. This provision is similar to those in supplemental SOFA agreements with many other NATO and PfP allies. XXXII. Labor 3. (SBU) A team of U.S. experts visited Sofia March 21 to hold technical discussions with their Bulgarian counterparts on labor issues. This visit was helpful in focusing negotiations that resulted in agreed text on prohibiting strikes by local civilian employees of U.S. forces and preserving the right of U.S. forces to terminate local employees' employment in accordance with U.S. military requirements. The negotiated text also provides that procedures related to the employment of local national employees will be developed by a Joint Subcommittee on labor matters taking into account applicable Bulgarian and United States laws and regulations. 4. (C) Nuclear weapons are not mentioned in the DCA, however, in response to a GOB request, both sides agreed to address the issue in an unclassified exchange of letters noting the language of the NATO-Russia Founding Act. 5. (SBU) During this session, both sides agreed to work quickly to conform the English and Bulgarian versions of the DCA in preparation for a signing ceremony at the informal NATO ministerial in Sofia April 27-28. In order to accomplish this, the texts must be conformed and in final form for approval by the Council of Ministers at its weekly meeting on April 20. After signing, the agreement must be ratified by Bulgaria's parliament. The agreement makes SOFIA 00000454 002 OF 002 specific references to thirteen implementing arrangements, which will be tasked to EUCOM to draft and negotiate. 6. (C) COMMENT. This agreement, while not yet approved by the Council of Ministers or ratified by Bulgaria's parliament, demonstrates the GOB's desire to deepen Bulgaria's strategic partnership with the United States. Now that text has been agreed upon, senior GOB officials appear ready to launch a public affairs campaign in favor of the agreement. Ambassador Beyrle and Bulgarian negotiator Ambassador Ivanov held a joint press conference March 24 to formally announce agreement on the text. Journalists focused on the expected issues of freedom of movement, criminal jurisdiction, and economic benefits. The Embassy and MFA have agreed on a standard set of talking points to address these issues. Such efforts, coordinated with our ongoing public diplomacy campaign, hold the promise of increasing public support and dispelling widely-held misperceptions surrounding the future U.S. military presence in Bulgaria. END COMMENT. 7. (U) Ambassador Loftis has cleared this message. Beyrle
