{"id":91777,"date":"2019-07-30T22:49:04","date_gmt":"2019-07-31T04:49:04","guid":{"rendered":"http:\/\/www.lankaweb.com\/news\/items\/?p=91777"},"modified":"2019-07-30T06:30:46","modified_gmt":"2019-07-30T13:30:46","slug":"yahapalana-and-the-united-states-of-america-part-7","status":"publish","type":"post","link":"https:\/\/www.lankaweb.com\/news\/items\/2019\/07\/30\/yahapalana-and-the-united-states-of-america-part-7\/","title":{"rendered":"YAHAPALANA AND THE UNITED STATES OF AMERICA Part 7"},"content":{"rendered":"

KAMALIKA PIERIS<\/em><\/span><\/h2>\n\n\n

ACQUISITION AND\nCROSS SERVICING AGREEMENT (ACSA)<\/strong><\/p>\n\n\n\n

The United States made an abortive bid, in\n2002, to finalize an Acquisition and Cross Servicing Agreement (ACSA), formerly\nknown as \u2018NATO Mutual Support Act\u2019, with Sri Lanka. The attempt was made after\nthe Ceasefire Agreement was signed on Feb. 21. 2002. <\/p>\n\n\n\n

Acquisition and Cross-Servicing Agreements are\nnegotiated on a bilateral basis by the US for use in combined exercises,\ntraining, operations, or deployments and allow its forces to obtain food, fuel,\ntransport, ammunition, and equipment, collectively termed logistical supplies.\nReimbursement is in cash, or rarely, replacement in kind. <\/p>\n\n\n\n

US Deputy Secretary of State Richard Armitage\nannounced plans for ACSA after Premier Wickremesinghe met US President George\nW. Bush in Washington.  The ACSA was to\nbe finalized in July 2002. Minister Milinda Moragoda, being close to the US,\nplayed a high profile role in the project. But when in Dec 2002, Ambassador Wills\nexplored the possibility of using Sri Lankan ports and air space to invade\nIraq, Foreign Minister Tyronne Fernando explained the difficulty in giving into\nUS request and ACSA was abandoned.\nForeign Minister Lakshman Kadirgamar, (2004-2005) on a   visit to Washington DC, ensured that the\nsubject of ACSA not be listed on the agenda for his talks with senior leaders\nand officials there. <\/p>\n\n\n\n

However, in\nthe first week of March, 2007 Sri Lanka entered into ACSA with the US. Gotabhaya\nRajapaksa and Ambassador Robert O. Blake signed on behalf of Sri Lanka and the\nUS, respectively. Both were US nationals, but Gotabhaya Rajapaksa held dual\ncitizenship. President Rajapaksa, in his capacity as the Defence Minister,\nauthorized ACSA. The Rajapaksas never\nbothered to inform Parliament of the Agreement, observed Shamindra Ferdinando. They dismissed calls from the left parties\nto table the agreement in Parliament. <\/p>\n\n\n\n

The agreement\nallowed the United States and Sri Lanka to transfer and exchange logistics,\nsupplies, support, and re-fueling services, either in kind or at cost, during\npeacekeeping missions, humanitarian operations or joint exercises.<\/p>\n\n\n\n

Specifically excluded from its coverage were\nweapon systems such as guided missiles, naval mines and torpedoes, nuclear\nammunition and items such as warheads, warhead sections, cartridge and air crew\nescape propulsion system components, chaff and chaff dispensers, guidance kits\nfor bombs or other ammunition, chemical ammunition (other than riot-control\nagents), any other materials, subject to the Atomic Energy Act of 1954. <\/p>\n\n\n\n

There was absolutely nothing special about the\nAcquisition and Cross Servicing Agreement (ACSA), which Gota signed, said Chandraprema.\nIt was like so many other ACSA\u2019s that the US had signed with other countries. The provisions of the Sri Lankan ACSA of 2007\nare almost identical to those found in the ACSA signed between the US and\nAustralia in April 2010. The difference being that in Australia, the ACSA is a\npublic document whereas in Sri Lanka it is a top secret document. There was nothing in the 2007 ACSA\nthat warranted the secrecy in which it was signed either. <\/p>\n\n\n\n

It was the US that wanted it to be done\nsecretly, said Chandraprema. A cable\nsent to the State Department by the then US Ambassador in Colombo Robert Blake,\non 31 January 2007, (several weeks before the ACSA was signed) and released to\nthe public by Wikileaks said, “On December 7, 2006, Ambassador and Office\nof Defense Cooperation (ODC) Chief met with Sri Lankan Defense Secretary Gotabhaya\nRajapaksa to provide background information on a Acquisition and Cross\nServicing Agreement (ACSA) and a the draft ACSA proposed for signature. On\nJanuary 25, 2007, Secretary Rajapaksa provided concurrence to ODC Chief on the\nproposed agreement. Secretary Rajapaksa stated that he was ready to sign the\nSIPDIS agreement at anytime convenient to the U.S.<\/p>\n\n\n\n

 “The US Government faces some risk\nthat the Government of Sri Lanka might seek to exploit the signing to convey\nthe US Government\u2019s support for possible ongoing offensive military operations.\nThe Embassy therefore recommends the Ambassador sign the agreement in a low-key\nceremony with Secretary Rajapaksa in late February. The Sri Lankan military is\npresently engaged in mop-up operations against the LTTE in eastern Sri Lanka.\nHowever, the Defense Secretary and other military leaders have hinted they are\nconsidering further offensive military operations in northern Sri Lanka. <\/p>\n\n\n\n

“We recommend holding off on the signing\nceremony until late February when we will have a clearer idea of the Sri Lankan\nmilitary\u2019s intentions. We also do not wish to detract attention from the Sri\nLankan Commission of Inquiry (on human rights) and the work of the\nInternational Independent Group of Expert Persons who will arrive in Sri Lanka\nthe second week of February to observe the work of the Commission. Since the\nACSA benefits U.S. forces transiting through the region, and since the GSL\nmight leak news of the signing, the Embassy proposes to have the Ambassador\nsign the ACSA with the Defense Secretary with a select number of photographers\nand no statements. The Embassy will then issue a press release following the\nceremony explaining the purpose of the ACSA.” <\/p>\n\n\n\n

United States, in\nits fierce opposition to the Eelam War had banned the sale of war items to Sri\nLanka. As a result, the Sri Lanka Air Force (SLAF) could not use its US built\nC-130 Hercules troop transport aircraft or the Israeli built Kfir<\/em>\nfighter jets. Israel, a strong US ally, followed Washington\u2019s policy. Thus, the\nC-130 and the fighter jets were grounded for lack of spares. In 1993 when the\nSpecial (Boat) Squadron was created, the US helped and in 1996, the US military  engaged in exercises with Sri Lankan Special\nForces, including the Navy\u2019s elite Special Boat Squadron. <\/p>\n\n\n\n

USA had helped Sri Lanka and Gota was right to\ngive them a favour in return by signing the ACSA, observed Chandraprema. Ambassador Blake assured that that ACSA\nwouldn\u2019t pave the way for US bases here. Having\nsigned ACSA, Gotabhaya Rajapaksa reiterated Sri Lanka\u2019s commitment to defeat\nthe LTTE, militarily, in talks with top State Department official Stevan Mann,\nwhen the latter met him at the Defence Ministry. <\/p>\n\n\n\n

After ACSA, Sri Lanka received valuable US\nsupport, particularly during Eelam War IV. \nUS provided specific intelligence on \u2018floating LTTE arsenals\u2019 to Sri\nLanka on a request made by Navy Chief Vice Admiral Wasantha Karannagoda.\nKarannagoda\u2019s move enabled the destruction of four LTTE vessels on the high\nseas, thereby hastening the collapse of the LTTE. In addition to those vessels\nthat had been hunted down on the basis of intelligence provided by the US, the\nNavy hit several other LTTE ships during Eelam War IV. <\/p>\n\n\n\n

Several weeks after the signing of the\nagreement, Karannagoda had sought a meeting with the then US defence attach\u00e9 in\nColombo. Karannagoda has requested for US assistance to track down the\nremaining LTTE vessels as the superpower was engaged in worldwide campaign\nagainst terrorism. That meeting at Karannagoda\u2019s office led to a meeting with\nAmbassador Blake, also at the same venue in late May 2007. <\/p>\n\n\n\n

 In late\nAugust 2007, the US provided the required information secured from a satellite\nto the Navy. The US verified the positioning of four vessels about two weeks\nlater. They had been at the same position as two weeks before. In fact, the US had queried whether\nKarannagoda\u2019s Navy had the wherewithal to destroy four ships so far away from\nSri Lanka. Karannagoda dispatched naval task force comprising six vessels on\nSept 2007 from Colombo, Trincomalee and Galle.\n<\/p>\n\n\n\n

 Karannagoda, in his memoirs revealed how an\nIndian diplomat based at its High Commission in Colombo made a despicable\nattempt to misdirect the Navy by providing information contrary to that of the\nAmericans. Acting on US intelligence,\nthe Navy destroyed three out of four LTTE vessels in the second week of Sept.\n2007. The US again provided specific intelligence in late Sept. 2007 regarding\nthe LTTE vessel that escaped during Sept. 2007 operation. The fourth vessel was\ndestroyed on Oct 7, 2007. Although Karannagoda, made no reference to ACSA, it\nwould be pertinent to stress that the US, perhaps reluctantly, provided\ncritically important intelligence following the finalization of the agreement\non March 05, 2007, said Shamindra.<\/p>\n\n\n\n

The 2007 ACSA\nended in March 2017. USA and Yahapalana entered into another ACSA signed on\nAugust 4, 2017. Analysts have compared\nthe 2007 and 2017 ACSAs. The 2007 ACSA was only eight pages including the\ncover. The 2017 ACSA was 83 pages and had over 50 annexures. The annexure gave\nthe lists of US commands and military establishments which will be allowed the\nuse of Sri Lanka\u2019s airports and sea ports. These voluminous annexures carried\nthe names and addresses of almost all US military establishments that could\nhave a foot print or boots on the ground in Sri Lanka. The list was exclusively\nrevealed in the Sunday Times<\/em> of May 19. \n<\/p>\n\n\n\n

The Sunday Times said it has seen the ACSA\nagreement between by the US Defence Department and the Ministry of Defence. the\nagreement begins with a preamble which says This Agreement is designed to\nfacilitate reciprocal logistic support between the parties (US and Sri Lanka)\nto be used during combined exercises, training, deployments, port calls,\noperations, or other co-operative efforts<\/em>, or for\nunforeseen circumstances or exigencies in which one of the parties may have a\nneed for Logistic Support, Supplies and Services. <\/strong><\/p>\n\n\n\n

 This\nAgreement applies to the provision of Logistic Support, Supplies, and Services\nfrom the military forces of one party to the military forces of the other Party\nin return either for cash payment or reciprocal provision of Logistic Support,\nSupplies, and Services to the military forces of the Supplying Party. For the\npurpose of this Agreement, the Sri Lanka Coast Guard is considered part of the\nmilitary forces of the Ministry of Defence of the Democratic Socialist Republic\nof Sri Lanka.<\/em><\/p>\n\n\n\n

Significantly, it\nallows every single security or military apparatus<\/strong> in the United States access to Sri Lanka. All\nthose security commands are listed one by one and the Point of Contact (POC)\ndefined. .Though the agreement provides reciprocity,\nSri Lanka\u2019s Army, Navy, Air Force or Coast Guard simply have no resources to\npay and use a military facility in the US. It is not required either. <\/p>\n\n\n\n

The 2007\nagreement was only for a period of seven years. The  2017 agreement is open ended, It says, This agreement shall remain in\nforce unless terminated by mutual written consent of the Parties or by either\nParty giving not less than 180 days\u2019 notice in writing to the other Party of\nits intention to terminate. While the 2007 ACSA permitted US\nmilitary vessels to enter Sri Lanka ports on a \u2018one-off\u2019 basis, the 2017 ACSA\nappears to be “open ended”. <\/p>\n\n\n\n

Ambassador Hettiaratchchi told President\nSirisena that during the negotiations for the renewal of ACSA in 2017, he was\nunder constant pressure from Prasad Kariyawasam, Sri Lanka\u2019s then ambassador in\nthe US, to expedite the passage of the ACSA. Kariyawasam had made many calls to\nensure the draft ACSA be concluded and placed before the Cabinet of Ministers\nimmediately, he said. Also telephoning Hettiaratchchi periodically over the\nsame matter, was then Foreign Minister Mangala Samaraweera. <\/p>\n\n\n\n

Kariyawasam\nand Samaraweera had pressured him at a time when the Defence Ministry had\nsought the observations of the Armed Forces Commanders on the ACSA deal. . The\ndraft ACSA was rushed for approval by the Cabinet because of this pressure. It\nhad been hurried through before a thorough study had been done by the armed\nforces commanders or officials well versed in the matter. Admiral Ravi\nWijegunaratne had expressed serious reservations over some of the provisions in\nthe ACSA. The Cabinet approved ACSA 2017.<\/p>\n\n\n\n

Defence Secretary\nKapila Waidyaratne, a former Additional Solicitor General said that he had been\ncompelled to sign the document since the Cabinet had approved it. He was simply\nimplementing a Cabinet decision. His predecessor, Hettiaratchchi, negotiated\nthe ACSA but was forced to rush it through the Cabinet, even before all armed\nforces commanders could send in their observations. This, he said, was due to\npressure from the then Foreign Minister, Mangala Samaraweera and former Foreign\nSecretary Prasad Kariyawasam. <\/p>\n\n\n\n

ACSA  was signed without careful examination.\nWhen told that the service chief\u2019s responses were being awaited  before sending the ACSA to the Cabinet ,\nPresident Sirisena had said \u2018Ekeng\nmata vedak nehe. Vahaama assang karanna lesthi karanna\u2019 .   ACSA hadn\u2019t been discussed at the\nCabinet or  in Parliament. ACSA was not presented to Parliament, said\nDayasiri Jayasekera. <\/p>\n\n\n\n

President\nSirisena\u2019s Cabinet memorandum of June 30, 2017  in Sinhala had only a brief nine pages and no annexures.\nThe Sinhala version of the ACSA \npresented to the Cabinet,  did not\ncontain translations of  the annexures. Due to delay in translations,  the  agreement\nhas been sent to Cabinet without the annexures. The English version, however,\nhad 83 pages that included the annexures. <\/p>\n\n\n\n

When the ACSA\nwith Sri Lanka was renewed in 2017, it was once again shrouded in secrecy. The Sunday Times  said that the \nUS Ambassador to Sri Lanka, Atul Keshap, directed that there be no media\ncoverage or any publicity regarding the signing event. This was why there was\nno news release from the US Embassy in Colombo. Keshap signed on behalf of the\nUS Department of Defence. Even for the US, therefore, the matter was one of\nutmost secrecy. The renewed document  has\nnot been made public by Yahapalana either. Sri Lanka\nFreedom Party, among others,  said that\nthe people should be made aware of the dangers of ACSA. <\/p>\n\n\n\n

The Prime\nMinister said considering the current international political situation and\ndevelopments, the 2017  ACSA agreement\nwould be favorable to the country. He said extending the agreement with the\nU.S. will be utmost importance given the global situation today. The\nAcquisition and Cross-Servicing Agreement (ACSA) allows the United States and\nSri Lanka to transfer and exchange logistics supplies, support, and re-fueling\nservices, either in kind or at cost, during peacekeeping missions, humanitarian\noperations or joint exercises. The categories of allowable goods and services\ninclude food, petroleum, and transportation. The provision of weapons or\nammunition is prohibited. Each nation’s forces can support the other during\ncontingencies such as disaster relief or peacekeeping operations, which reduces\nthe logistics requirement for each nation. \n<\/p>\n\n\n\n

But \nothers are not so happy. President of the Bar Association (BASL) Kalinga\nIndatissa, PC has written to Minister of Foreign Affairs Tilak Marapana, PC in\nJune 2019, under the provisions of the Right to Information Act No. 12 of 2016\nand Article 14A of the Constitution, requesting a copy of the proposed\nAcquisition and Cross Servicing Agreement (ACSA).<\/p>\n\n\n\n

The letter said, \u2018the undersigned is a citizen\nof Sri Lanka and the present President of the Bar Association of Sri Lanka\nwhich is the sole representative body of more than 19,000 Attorneys-at-Law in\nthis Country. The BASL has always been concerned about matters of national\nimportance, and matters relating to the Rule of Law and administration of\njustice. It has been reported in the media that the Sri Lankan Government is\ndue to enter into an Acquisition and Cross Services Agreement (ACSA) with the\nUnited States of America. Considering the national importance of the said agreement\nand I request from you to make available a printed copy of the proposed\nAcquisition and Cross Services Agreement (ACSA) by virtue of Section 3(1) of\nthe Right to Information Act No. 12 of 2016 read with Section 24 of the Right\nto Information Act No. 12 of 2016 and Article 14A of the Constitution of the\nDemocratic Socialist Republic of Sri Lanka\u2019. ( Continued)<\/p>\n","protected":false},"excerpt":{"rendered":"

KAMALIKA PIERIS ACQUISITION AND CROSS SERVICING AGREEMENT (ACSA) The United States made an abortive bid, in 2002, to finalize an Acquisition and Cross Servicing Agreement (ACSA), formerly known as \u2018NATO Mutual Support Act\u2019, with Sri Lanka. The attempt was made after the Ceasefire Agreement was signed on Feb. 21. 2002. Acquisition and Cross-Servicing Agreements are […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":true,"template":"","format":"standard","meta":{"footnotes":""},"categories":[104],"tags":[],"class_list":["post-91777","post","type-post","status-publish","format-standard","hentry","category-kamalika-pieris"],"_links":{"self":[{"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/posts\/91777","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/comments?post=91777"}],"version-history":[{"count":0,"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/posts\/91777\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/media?parent=91777"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/categories?post=91777"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/tags?post=91777"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}