Continúa el análisis al interior de la Embajada de Estados Unidos sobre las posibilidades de lograr con Ecuador un acuerdo Gas and Go.

id:
206230
date:
5/8/2009 18:08
refid:
09STATE47202
origin:
Secretary of State
classification:
CONFIDENTIAL
destination:
08STATE130900|09QUITO57|09QUITO82
header:
VZCZCXRO0053
OO RUEHAO
DE RUEHC #7202/01 1281822
ZNY CCCCC ZZH
O R 081808Z MAY 09
FM SECSTATE WASHDC
TO RUEHQT/AMEMBASSY QUITO IMMEDIATE 4220
INFO RUEHAC/AMEMBASSY ASUNCION 0665
RUEHBO/AMEMBASSY BOGOTA 2200
RUEHBR/AMEMBASSY BRASILIA 2631
RUEHBU/AMEMBASSY BUENOS AIRES 6571
RUEHCV/AMEMBASSY CARACAS 0654
RUEHLP/AMEMBASSY LA PAZ 2503
RUEHPE/AMEMBASSY LIMA 4747
RUEHMN/AMEMBASSY MONTEVIDEO 2563
RUEHZP/AMEMBASSY PANAMA 4735
RUEHSN/AMEMBASSY SAN SALVADOR 3040
RUEHSG/AMEMBASSY SANTIAGO 0728
RUEHAO/AMCONSUL CURACAO 5713
RUEHGL/AMCONSUL GUAYAQUIL 0430
RHEHNSC/NSC WASHINGTON DC 3244
 
----------------- header ends ----------------
 
C O N F I D E N T I A L SECTION 01 OF 05 STATE 047202 
 
SIPDIS 
 
E.O. 12958: DECL: 05/07/2019 
TAGS: PREL, MARR, MOPS, SNAR, EC 
SUBJECT: ECUADOR: "GAS AND GO" NON PAPER AND DIPLOMATIC 
NOTE 
 
REF: A. QUITO 82 
     B. QUITO 57 
     C. 08 STATE 130900 
 
Classified By: A/S SHANNON, REASONS 1.4 (D). 
 
1. (C) Reftels A and B noted GOE willingness to consider a 
"Gas and Go" civilian counter-narcotics air interdiction 
program in the Eastern Pacific, in the wake of the pending 
U.S. withdrawal from Manta Forward Operating Location (FOL) 
later this year.  This cable provides Embassy Quito with a 
non-paper and diplomatic note to use in discussions with GOE 
officials regarding such a program.  Post is requested to 
approach the GOE as soon as appropriate. 
 
2. (SBU) "GAS AND GO" NON-PAPER 
-------------------------------- 
 
Non-Paper: Enhancing Ecuador/United States Cooperation in the 
Suppression of Illicit Narcotics Trafficking 
 
In furtherance of Article 17 of the 1988 United Nations 
Convention Against Illicit Traffic in Narcotic Drugs and 
Psychotropic Substances, Ecuador and the United States 
presently cooperate in a range of bilateral counterdrug and 
law enforcement activities.  One very effective arrangement 
for the conduct of at-sea interdiction concluded in 2006, 
resulted in a nearly 90% reduction in the use of Ecuadorian 
fishing vessels by drug trafficking organizations. 
 
Building on this approach of establishing expedited 
operational procedures to support occasional operational 
needs, we invite Ecuador's consideration of a framework for 
non-binding cooperative partnership focused on improving the 
efficiency of Maritime Patrol Aircraft operations in the 
Eastern Pacific for the purpose of detecting and monitoring 
non-commercial vessels suspected of illicit maritime drug 
trafficking.  The United States believes such a partnership, 
developed and implemented with full regard for the principles 
of international law, national sovereignty, and territorial 
integrity, would increase the effectiveness of our mutual 
efforts to reduce the supply of illicit narcotics crossing 
the maritime borders of our nations by making the most 
efficient use of scarce law enforcement resources.  This 
arrangement would complement U.S. support for the Government 
of Ecuador's counter-narcotics efforts, including assistance 
currently provided by the U.S. Embassy's Narcotics Affairs 
Section under a Letter of Agreement and by the U.S. Military 
Group under a Memorandum of Understanding, as well as demand 
reduction efforts carried out by the United States at home. 
 
The basic guidelines of this arrangement, which would be 
non-binding, would include the following: 
 
-- Ecuador may permit, after notification to and coordination 
with appropriate officials, U.S. Department of Homeland 
Security aircraft, and, in exceptional circumstances other 
U.S. Government aircraft, to land and temporarily remain at 
international airports in Ecuador in accordance with 
international norms for the purposes of resupplying fuel and 
provisions, medical assistance, minor repairs, weather, and 
other logistics and related purposes in support of maritime 
counterdrug detection and monitoring operations in the 
Eastern Pacific Ocean. 
 
-- Such aircraft would be operated by crew members employed 
by the Department of Homeland Security clothed in standard 
flight suits or civilian attire, and carrying valid, official 
U.S. passports for presentation to and inspection by 
appropriate Ecuadorian officials upon request. 
 
-- United States personnel in Ecuador would enjoy freedom of 
movement within the airports where U.S. Government aircraft 
are located, as well as such freedom of movement as may be 
 
STATE 00047202  002 OF 005 
 
 
necessary to undertake those activities required for the 
performance of their duties.  Ecuador would afford United 
States personnel the same privileges and immunities as are 
provided to the administrative and technical staff of the 
United States Embassy. 
 
-- In the interest of flight safety, the U.S. Government 
officials aboard these aircraft would endeavor to identify 
the aircraft and provide notification of its entry into and 
departure from the air traffic control zone assigned to the 
appropriate civil aviation authority, maintain open and 
ongoing communication with Ecuador's civil aviation 
authority, observe the air navigation regulations and 
practices stipulated by the ICAO and international law, and 
follow the flight safety instructions of the civil aviation 
authority of Ecuador. 
 
-- The U.S. Embassy in Quito should provide the Ministry of 
Foreign Affairs notification not less than: 
 
a) 30 days in advance of any proposed operations if the 
United States anticipates such operations will exceed 72 
hours in duration; or 
 
b) 8 hours in advance of any operations if the United States 
anticipates such operations will not exceed 72 hours in 
duration. 
 
c) 2 hours in advance of any operations if the United States 
anticipates such operations will be for the purpose of 
expeditious refueling and are not likely to result in the DHS 
aircraft or employees remaining overnight in Ecuador. 
 
-- Ideally, the U.S. Government aircraft would be permitted 
to conduct operations continuously for 6-14 days per month 
under these arrangements.  In any case, U.S. Government 
employees embarked in such aircraft may need to remain 
overnight in Ecuador as necessary for the efficient and 
effective implementation of this arrangement. 
 
-- The United States anticipates that its logistical 
requirements would include: 
 
a) 45,000 pounds / 6,500 gallons of aviation fuel per 
aircraft upon arrival 
 
b) Full ground services, including ground power unit, 
lavatory, marshalling, tugs, air start 
 
c) Appropriate aircraft rescue and firefighting services 
consistent with ICAO Annex 14, Volume I, and ICAO document 
9137, part 1 
 
d) Security for aircraft 
 
e) Airfield traffic / ATC block time 
 
f) Accommodating additional aircraft with repair parts if the 
original aircraft experiences maintenance problems 
 
-- The United States intends to pay normal and customary fees 
for aviation and any other logistic services rendered 
pursuant to the arrangement. 
 
-- The United States looks forward to further discussion of 
this proposed arrangement with the Government of Ecuador at 
the earliest possible opportunity. 
 
 
3. (SBU) "GAS AND GO" DIPLOMATIC NOTE 
------------------------------------- 
 
EMBASSY OF THE 
UNITED STATES OF AMERICA 
No.           . 
 
The Embassy of the United States of America presents its 
compliments to the Ministry of Foreign Relations, Trade, and 
Integration of the Republic of Ecuador and, recalling 
 
STATE 00047202  003 OF 005 
 
 
Ecuador's regional leadership in combating illicit traffic by 
sea in narcotics, has the honor to propose a non-binding 
arrangement between the Government of the Republic of Ecuador 
and the Government of the United States of America 
(hereafter, "the Participants"), pursuant to Article 17 of 
the 1988 United Nations Convention against Illicit Traffic in 
Narcotic Drugs and Psychotropic Substances (hereafter, 
"Article 17") for the purpose of enhancing periodic maritime 
patrol aircraft operations to detect and monitor illegal 
narcotics activity in international waters suspected of 
engaging in illicit trafficking. 
 
Taking into account the necessity to cooperate to the fullest 
extent possible to suppress illicit traffic by sea: 
 
1.  The Government of the Republic of Ecuador may permit, 
after notification to and coordination with appropriate 
officials, on the occasions and for the time necessary for 
the proper performance of operations in furtherance of 
Article 17, United States Department of Homeland Security 
(hereafter, "DHS") aircraft, and in exceptional circumstances 
other U.S. Government aircraft, to overfly its territory and 
waters in order to land and temporarily remain at Ecuadorian 
airports in accordance with international norms due to 
weather conditions, or for the purposes of patrol logistics, 
resupplying fuel and provisions, medical assistance, minor 
repairs, and other purposes related to or in support of 
operations intended to implement Article 17.  The Government 
of the Republic of Ecuador may permit U.S. Government 
employees embarked in such aircraft to remain overnight in 
Ecuador as necessary for the efficient and effective 
implementation of this arrangement. 
 
2.  The Government of the United States of America should 
notify the Government of the Republic of Ecuador not less 
than: 
 
a.  Thirty (30) days in advance of any proposed operations 
pursuant to paragraph 1 if the United States anticipates such 
operations will exceed 72 hours in duration; 
 
b.  Eight (8) hours in advance of any operations pursuant to 
paragraph 1 if the United States anticipates such operations 
will not exceed 72 hours in duration; or 
 
c.  Two (2) hours in advance of any operations pursuant to 
paragraph 1 if the United States anticipates such operations 
will be for the purpose of expeditious refueling and are not 
likely to result in the DHS aircraft or employees remaining 
overnight in Ecuador. 
 
3.  The Government of the Republic of Ecuador intends to 
provide an expeditious response to requests by the Government 
of the United States of America pursuant to paragraphs 1 and 
2. 
 
4.  The Government of the United States of America intends: 
 
a.  For U.S. Government aircraft subject to requests pursuant 
to this arrangement to be operated and occupied solely by 
U.S. Government employees, clothed in standard flight suits 
or civilian attire, and carrying valid, official U.S. 
passports for presentation to and inspection by appropriate 
Ecuadorian officials upon request. 
 
b.  In the interest of flight safety, to observe the 
following procedures for facilitating flights within 
Ecuadorian airspace by U.S. Government aircraft engaged in 
operations pursuant to this arrangement: 
 
1)  Identify the aircraft and provide notification of its 
entry into and departure from the air traffic control zone 
assigned to the appropriate civil aviation authority; 
2)  Maintain open and ongoing communication with 
the civil aviation authority of the other Participant (or ". 
. . with the civil aviation authority of the Republic of 
Ecuador"); 
3)  Observe the air navigation regulations and practices 
stipulated by the ICAO and international law; and 
 
STATE 00047202  004 OF 005 
 
 
4)  Follow the flight safety instructions of the civil 
aviation authority of the Republic of Ecuador. 
 
c.  To pay normal and customary fees (and taxes) for aviation 
and any other logistic services rendered in Ecuador pursuant 
to this note. 
 
5.  The Government of the Republic of Ecuador intends to 
accord to the United States personnel in Ecuador in 
connection with flights pursuant to this Note, the status 
equivalent to that provided to the administrative and 
technical staff of the United States Embassy in accordance 
with the Vienna Convention on Diplomatic Relations of April 
18, 1961 (hereafter, "the Convention").  If it becomes 
necessary for Ecuadorian authorities to detain temporarily 
any United States personnel, the Government of the Republic 
of Ecuador intends for such authorities to immediately notify 
the Embassy of the United States of America in Ecuador, and 
coordinate for their return to the appropriate United States 
authorities.  Consistent with the Convention, the Government 
of the Republic of Ecuador and the Government of the United 
State of America intend for: 
 
a.  United States personnel to be subject to the civil and 
administrative jurisdiction of Ecuador for acts committed 
outside the course of their duties; and 
 
b.  Ecuadorian authorities and United States law enforcement 
authorities to cooperate in the investigation of any crimes 
believed to be committed by or against United States 
personnel. 
 
6.  The Participants intend to inform each other in writing 
of, and keep current, the specific procedures and points of 
contact for requests and coordination under paragraphs 1-4, 
and to ensure that the points of contact have the capability 
to receive, process, and respond to requests and reports at 
any time. 
 
7.  The Participants intend to settle disputes arising from 
the interpretation or implementation of this arrangement by 
mutual concurrence.  The Participants intend to consult as 
necessary to evaluate the implementation of this arrangement 
and to consider enhancing its effectiveness.  In case a 
difficulty arises concerning the operation of this 
arrangement, either Participant may request consultations 
with the other to resolve the matter. 
 
8.  Each Participant should provide advance written notice of 
its intent to discontinue the arrangement to the other 
Participant through the appropriate diplomatic channel.  It 
is anticipated that the date on which the procedures in this 
arrangement are no longer to be followed would be thirty days 
from the date of notification unless the Participants 
determine otherwise. 
 
If this proposal is acceptable to the Government of the 
Republic of Ecuador, the Embassy proposes that this note and 
the Ministry's note in reply would constitute an arrangement 
between our two Governments, which may be employed on the 
date of the Ministry's note in reply. 
 
The Embassy of the United States of America takes this 
opportunity to assure the Ministry of its highest 
consideration. 
 
 
4. (SBU) Example Response Diplomatic Note for the GOE 
--------------------------------------------- ---- 
 
Embassy of the United States of America 
Quito, DATE             (SEAL) 
 
REPLY NOTE: 
 
The Ministry of Foreign Affairs of the Republic of Ecuador 
presents its compliments to the Embassy of the United States 
of America and refers to the Embassy's note No. 
dated                  , which reads as follows: 
 
STATE 00047202  005 OF 005 
 
 
(Insert text of U.S Note) 
 
The Ministry has the honor to inform the Embassy that the 
proposal contained in the Embassy's note is acceptable to the 
Government of the Republic of Ecuador, and that accordingly 
the Embassy's note and this note in reply constitute an 
arrangement between our two Governments, which may be 
employed on the date of this note. 
 
(complimentary close) 
CLINTON 
 
=======================CABLE ENDS============================