{"id":91805,"date":"2019-07-30T22:48:58","date_gmt":"2019-07-31T04:48:58","guid":{"rendered":"http:\/\/www.lankaweb.com\/news\/items\/?p=91805"},"modified":"2019-07-30T15:44:38","modified_gmt":"2019-07-30T22:44:38","slug":"yahapalana-and-the-united-states-of-america-part-8a","status":"publish","type":"post","link":"https:\/\/www.lankaweb.com\/news\/items\/2019\/07\/30\/yahapalana-and-the-united-states-of-america-part-8a\/","title":{"rendered":"YAHAPALANA AND THE UNITED STATES OF AMERICA Part 8a"},"content":{"rendered":"

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

STATUS OF FORCES AGREEMENT (SOFA) <\/strong><\/p>\n\n\n\n

FULL TEXT  \nOF DRAFT AGREEMENT.<\/p>\n\n\n\n

Here is the\nfull text of the draft Status of Forces Agreement (SOFA) dated\n28TH August 2018, <\/strong>which the Government\nof Sri Lanka is negotiating with the United States. (Sunday Times 30.6.19)   <\/p>\n\n\n\n

 <\/strong>(1)<\/strong>   The Embassy of the United States of America presents\nits compliments to the Ministry of Foreign Affairs of the Democratic Socialist\nRepublic of Sri Lanka and has the honour to refer to recent discussions between\nrepresentatives of our two Governments regarding issues related to United\nStates (U.S) military and civilian personnel identified as members of the U.S\nDepartment of Defence, respectively, hereafter referred to collectively as U.S.\npersonnel) and U.S. contractors (defined as non-Sri Lankan companies and firms,\nand their employees who are not nationals of Sri Lanka, under contract to the\nU.S. Department of Defence who may be temporarily present in Sri Lanka in\nconnection with ship visits, training, exercises, humanitarian activities, and\nother activities mutually agreed. Companies and firms, and their employees, not\nunder contract with the U.S. Department of Defence shall not receive any\nprivileges and exempt under this Agreement.<\/p>\n\n\n\n

(2)<\/strong>   As a result of these discussions, the Embassy proposes\nthat U.S. personnel be accorded the privileges, exemptions, and immunities\nequivalent to those accorded to the administrative and technical staff of a\ndiplomatic mission under the Vienna Convention on Diplomatic Relations of April\n18, 1961, that U.S. personnel may enter and exit Sri Lanka with U.S.\nidentification and with collective movement or individual travel orders; that\nSri Lanka shall accept as valid all professional licenses issued by United\nStates, its political subdivisions, or States thereof to U.S. Personnel for the\nprovision of services to authorized personnel, and that Sri Lankan authorities\nshall accept as valid, without a driving test or fee, driving licenses or\npermits issued by the appropriate U.S. authorities to U.S. Personnel for the\noperation of vehicles. The Embassy further proposes that the U.S. personnel be authorized\nto wear uniforms while performing official duties and to carry arms while on duty\nif authorized to do so by their orders.<\/p>\n\n\n\n

(3)  \n<\/strong>The Government of Sri Lanka recognizes the\nparticular importance of disciplinary control by U.S. Armed Forces authorities over U.S. personnel and, therefore, authorizes the\nGovernment of the United States to exercise criminal jurisdiction over U.S.\npersonnel while in Sri Lanka.<\/strong><\/p>\n\n\n\n

(4)<\/strong>   The Embassy further proposes that the U.S. Department\nof Defence and U.S. personnel shall not be liable to pay any tax or similar charge assessed within Sri Lanka.<\/strong> The Government of the United States of America and Sri Lanka shall\nco-operate to take such measures as may be necessary to ensure the security and\nprotection of U.S. personnel property, equipment, records, and official\ninformation in Sri Lanka. Such importation,\nexportation, and use shall be exempt from any inspection, license, other\nrestrictions, customs duties, taxes or any other changes assessed within Sri\nLanka.<\/strong> The Governments of the United States of\nAmerica and Sri Lanka shall co\u2014operate to take such measures as may be\nnecessary to ensure the security and protection of US personnel, property,\nequipment, records, and official information in Sri Lanka.<\/p>\n\n\n\n

(5)<\/strong>   The Embassy proposes that vessels and vehicles operated\nby or, at the time, exclusively for the US. Department of Defence may either,\nexit, and move freely within the territory of Sri Lanka, and that such vehicles (whether self-propelled or towed) shall be\nexempt from payment of overland transit tolls. Vessels and aircraft owned or\noperated by or, at the time, exclusively for the U.S. Department of Defence\nshall not be subject to the payment of landing fees, or port fees, pilotage\ncharges, lighterage, and harbor dues at facilities owned and operated by the <\/strong>Government of Sri Lanka. Aircraft owned and operated by or, at the\ntime, exclusively for the U.S. Department of Defence shall not be subject to\nthe payment of navigation, overflight, terminal or similar charges when in the\nterritory of Sri Lanka. The U.S. Department of Defence shall pay reasonable\ncharges for services requested and received at rates no less favorable than\nthose paid by the Armed Forces of Sri Lanka. Aircraft and vessels of the U.S.\nGovernment shall be free from boarding and inspection.<\/p>\n\n\n\n

(6)<\/strong>   The Embassy also proposes that the U.S. Department of\nDefence may contract for any material, supplies, equipment, and services\n(including construction) to be furnished or undertaken in Sri Lanka without\nrestriction as to choose of contractor, supplier, or person who provides such\nmaterial and supplies, equipment or services. Such contracts shall be\nsolicited, awarded and administered in accordance with the laws and regulations\nof the Government of the United States of America. Acquisition of articles and\nservices in Sri Lanka by or on behalf of the U.S. Department of Defence in\nconnection with activities under this Agreement shall not be subject to any taxes<\/strong> or similar charges in
\nSri Lanka.<\/p>\n\n\n\n

(7)<\/strong>   The Embassy further proposes that U.S. contractors\nshall not be liable to pay any tax or similar charge assessed within Sri Lanka\nin connection with activities under this Agreement and that such contractors\nmay import into, export out of, and use Sri Lanka any personal property,\nequipment, supplies, material, technology training, or services in the fulfillment\nof contracts with the U.S. Department of Defence in connection with activities\nunder this Agreement. Such important, exportation, and use shall be exempt from\nany licence, or other restrictions, customs\nduties, taxes, or any other charges assessed within Sri Lanka.<\/strong><\/p>\n\n\n\n

(8)<\/strong>   The Embassy proposes\nthat U.S. contractors shall be granted the same treatment as U.S. personnel\nwith respect to professional and driver\u2019s licences. <\/strong><\/p>\n\n\n\n

(9)  \n<\/strong>The Embassy proposes that U.S. personnel shall\nhave freedom of movement and access to and use of mutually agreed\ntransportation, storage, training, and other facilities required in connection\nwith activities under this Agreement.<\/p>\n\n\n\n

(10)<\/strong> The Government of Sri\nLanka recognizes that it may be necessary for the U.S. Armed Forces to use the\nradio spectrum.<\/strong> The US Department of Defence\nshall be allowed to operate its own telecommunication systems (as\ntelecommunication is defined in the 1992 Constitution and Convention of the\nInternational Telecommunication Union). This shall include the right to utilize\nsuch means and services as required to ensure full ability to operate\ntelecommunication systems. Use of the radio\nspectrum shall be free of cost to the U.S. Government. <\/strong><\/p>\n\n\n\n

(11)<\/strong> The Embassy proposes that the parties waive any and all claims\n(other than contractual claims) against each other for damages to, loss of, or\ndestruction of the other\u2019s property or injury or death to personnel of either\nParty\u2019s armed forces or their civilian personnel arising out of the performance\nof their official duties in connection with activities under this Agreement.\nClaims by third parties for damages or loss caused by U.S. personnel shall be\nresolved by the U.S. Government in accordance with U.S. laws and regulations.<\/p>\n\n\n\n

(12)<\/strong> Further, the Embassy proposes that this Agreement, upon its entry\ninto force, shall supersede the Agreement regarding the status of U.S. military\npersonnel and civilian employees of the Department of Defence who may be\npresent in Sri Lanka for exercises or other official duties, effected by\nexchange of notes at Colombo, February 9 and May 16, 1995, which entered into\nforce May 16, 1995.<\/p>\n\n\n\n

(13)<\/strong> Finally, the Embassy proposes further that our two governments, or\ntheir designated representatives, may enter into implementing arrangements to\ncarry out the provisions of this Agreement.<\/p>\n\n\n\n

(14)<\/strong> If the foregoing is acceptable to the Government of the Democratic\nSocialist Republic of Sri Lanka, the Embassy proposes that this note, together\nwith the Ministry\u2019s reply to that effect, shall constitute an agreement between\nthe two Governments, which shall enter into force on the date of the Ministry\u2019s\nreply.<\/p>\n\n\n\n

(15)<\/strong>        \nThe Embassy of the United States of America avails itself of this opportunity\nto renew to the Ministry of Foreign Affairs of the Democratic Socialist\nRepublic of Sri Lanka the assurance of its highest consideration. (END OF DRAFT\nAGREEMENT.)<\/p>\n\n\n\n

CLAUSES\nEXPLAINED.<\/strong><\/p>\n\n\n\n

Sunday Times thereafter explained the clauses\nsaying, the public can\nnow decide whether the SOFA is harmless\u201d or inimical to the national interests\nof Sri Lanka.   A\nnumber of these demands would impinge on Sri Lanka\u2019s sovereignty, Sunday\nTimes   said.<\/p>\n\n\n\n

  • United\n States personnel (troops, contractors etc) be accorded the privileges,\n exemptions and immunities equivalent to those accorded to the\n administrative and technical staff of the US Embassy. They may enter and\n leave Sri Lanka with US identification individually or collectively.\n (Note: This means they could enter Sri Lanka without Passports or Visas)<\/em><\/li>
  •  Sri Lanka shall accept,\nwithout a driving test or fee, driving licences or permits issued by the\nappropriate US authorities to US personnel. US personnel be authorised to wear\nuniforms whilst performing official duties and carry arms while on duty.<\/li><\/ul>\n\n\n\n
    • Disciplinary\n control by US Armed Forces authorities over US personnel and, therefore,\n the Government of the United States to exercise criminal jurisdiction over\n US personnel whilst in Sri Lanka. (Note: This clearly means Sri Lankan\n laws do not apply to them.)<\/em><\/li>
    • US\n personnel not be liable to pay tax or similar charge assessed within Sri\n Lanka. The Government of the United States of America and Sri Lanka shall\n co-operate to take measures to protect US personnel property, equipment,\n records, and official information in Sri Lanka. (Note: They want the\n Government to protect their assets free of charge)<\/em><\/li>
    • Vessels\n and vehicles operated by or, at the time, exclusively for the US\n Department of Defence may either, exit and move freely within the\n territory of Sri Lanka. Such vehicles shall be exempt from payment of\n overland transit tolls. Vessels and aircraft owned or operated by or, at\n the time, exclusively for the US Department of Defence shall not be\n subject to payment of navigation, overflight, terminal or similar charges\n when in the territory of Sri Lanka. The US shall pay reasonable rates for\n services requested and received at no less favourable than those paid by\n the Armed Forces of Sri Lanka. Aircraft and vessels of the US Government\n shall be free from boarding and inspection. (Note: This is a blatant\n infringement of the sovereign right of a nation)<\/em><\/li>
    • The\n US Department of Defence may contract for any material, supplies,\n equipment and services (including construction) to be furnished or\n undertaken and shall not be subject to any local taxes. (Note: Makes\n clear that construction work would be required in Sri Lanka. What do they\n propose to construct?)<\/em><\/li>
    • US\n contractors will not be liable to pay any tax or similar charges.\n Property, equipment, supplies, material, technology training, or services\n in the fulfilment of contracts with the Department of Defence and use\n shall be exempt from any licence, or other restrictions, customs duties,\n taxes or any other charges assessed within Sri Lanka. (Note: This again\n is a blatant infringement of the sovereign right of a nation to impose\n taxes and ensure their rules are followed)<\/em><\/li>
    • The\n Government of Sri Lanka recognises that it may be necessary for the US\n Armed Forces to use the radio spectrum. The Department of Defence shall be\n allowed to operate its own telecommunication systems. This shall include\n the right to utilise such means and services as required to ensure full\n ability to operate telecommunication systems. Use of the radio spectrum\n shall be free of cost to the US Government. (Note: This simply means\n they will have their own radio communications network parallel to those\n used by the Army, Navy, Police and the Coast Guard)<\/em><\/li>
    • Waive\n any claims (other than contractual claims) against each other \u2013 and \n damage or loss shall be resolved by the US Government in accordance with\n US laws and regulations. (Note: This is also an infringement of Sri\n Lanka\u2019s sovereignty. Sri Lanka\u2019s laws will not apply to US troops and\n those associated with them. For the troops and others, it would be just as\n good as moving around in any part of the United States)<\/em> <\/li>
    • The US is seeking that aircraft and vessels of the US Government\nto be free from boarding and inspection. This means none of the state security\narms, like the Navy, Coast Guard or the Customs can board any US military\nvessel or aircraft when it is in a Sri Lankan airport or sea port \u2014 or even\nvehicles on land and helicopters, an internationally accepted sovereign right\nof a country. <\/li>
    • The US is also seeking authorisation for its troops to wear\nuniforms whilst on duty\u201d in any part of Sri Lanka, carrying arms and radio\ncommunications equipment. (Both in terms of the Sri Lanka Constitution\nand normal laws, only the armed forces and the Police are empowered to carry\nout this task. The only exceptions are Sri Lankans who are authorised by\nlicence)<\/em><\/li>
    • The US wants exemption from licence, Customs duties, taxes and any\nother charges within Sri Lanka. <\/li>
    • Washington wants US troops and contractors to be allowed to enter\nand leave Sri Lanka, individually or collectively, with the use of only their\nUS identification. This will mean they will carry no passports or visas.<\/li>
    • 3\nparty claims by us, only under US Law. They \nrun over one of us,  and kills, it\nwill be under US law.<\/li>
    • thay\ncan do anything to our forces, our army can be killed. our movements can be\nrestricted. <\/li><\/ul>\n\n\n\n

       THE DIPLOMATIC NOTE<\/strong><\/p>\n\n\n\n

      Lasanda Kurukulasuriya commented  on the agreement.  She said, the SOFA under negotiation relates\nto a confidential Diplomatic Note from the US embassy to the foreign ministry\ndated 28th August 2018, said Lasanda.. The US embassy \u2018reminds the GSL\u2019 that\n“as a result of these discussions the Embassy proposes that U.S. personnel\nbe accorded the privileges, exemptions, and immunities equivalent to those\naccorded to the administrative and technical staff of a diplomatic mission\nunder the Vienna Convention on Diplomatic Relations; that U.S. personnel may\nenter and exit Sri Lanka with U.S. identification and with collective movement\nor individual travel orders”..<\/p>\n\n\n\n

      Lasanda observes: “The\nGovernment of Sri Lanka recognizes the particular importance of disciplinary\ncontrol by U.S. Armed forces authorities over U.S. personnel and, therefore,\nauthorizes the Government of the United States to exercise criminal jurisdiction\nover U.S. personnel while in Sri Lanka.””\u2026the U.S. Department of\nDefense and U.S. personnel shall not be liable to pay any tax or similar\ncharges within Sri Lanka. The U.S. Department of Defense and U.S. personnel may\nimport into, export out of, and use in Sri Lanka any personal property,\nequipment, supplies, material, technology, training, or services in connection\nwith activities under this agreement. \u2026 They shall be exempt from any\ninspection within Sri Lanka.” <\/p>\n\n\n\n

      “The Embassy proposes that vessels and\nvehicles operated by or, at the time, exclusively for the U.S. Department of\nDefense may enter, exit, and move freely within the territory of Sri Lanka. The\ndiscussions so far held between the GSL and USG in Colombo and, most recently\nin Washington highlighted “Aircraft and vessels of the U.S. Government\nshall be free from boarding and inspection.” <\/p>\n\n\n\n

      The Embassy also proposes that the U.S.\nDepartment of Defense may contract for any material, supplies, equipment, and\nservices (including construction) to be furnished or undertaken in Sri Lanka\nwithout restriction as to choice of contractor, supplier, or person who\nprovides such material, supplies, equipment or services. Such contracts shall\nbe solicited, awarded and administered in accordance with the laws and\nregulations of the Government of the United States of America. Acquisition of\narticles and services in Sri Lanka by or on behalf of the U.S. Department of\nDefense in connection with activities under the Agreement shall not be subject\nto any taxes or similar charges in Sri Lanka.”The Embassy proposes that\nU.S. personnel shall have freedom of movement and access to and use of mutually\nagreed transportation, storage, training, and other facilities required in\nconnection with activities under this Agreement.” .<\/p>\n\n\n\n

      The Government of Sri Lanka recognizes that it\nmay be necessary for the U.S. Armed forces to use the radio spectrum. The U.S.\nDepartment of Defense shall be allowed to operate its own telecommunication\nsystem. This shall include the right to utilize such means and services as\nrequired to ensure full ability to operate telecommunication system. The use of\nthe radio spectrum shall be free of cost to the U.S Government.The classified\ndiplomatic communication dated 28 August 2018 sent to the Sri Lanka Ministry of\nForeign Affairs at the conclusion states that (Quote) If the foregoing is\naccepted to the Government of the Democratic Socialist Republic of Sri Lanka,\nthe Embassy proposes that this note, together with the Ministry\u2019s reply to that\neffect, shall constitute an agreement between the two Governments, which shall\nenter into force on the date of the Ministry\u2019s reply.” (End  of Quote) <\/p>\n\n\n\n

      There is further information regarding the\ncontents of the SOFA in relation to \u2018contractors\u2019 brought in by the US Department\nof Defense:”The Embassy further proposes that U.S. contractors shall not\nbe liable to pay any tax or similar charge assessed within Sri Lanka in\nconnection with activities under this Agreement and that such contractors may\nimport into, export out of, and use in Sri Lanka any personal property,\nequipment, supplies, materiel, technology, training, or services in fulfillment\nof contracts with the U.S. Department of Defense in connection with activities\nunder this Agreement. Such importation, exportation, and use shall be exempt\nfrom any license, other restrictions, customs duties, taxes, or any other\ncharges assessed within Sri Lanka.””The Embassy proposes that U.S.\ncontractors shall be granted the same treatment as U.S. personnel with respect\nto professional and drivers\u2019 licenses.”<\/p>\n\n\n\n

      “Sri Lankan authorities shall accept as\nvalid, without a driving test or fee, driving licenses or permits issued by the\nappropriate U.S. authorities to U.S. contractors of the operation of\nvehicles.”The US embassy has repeatedly asserted that the US has \u2018no plans\nto establish a military base\u2019 in Sri Lanka. But then, in recent times that\u2019s\nnot the approach used by the superpower in extending its military footprint.\nNowadays the US gets its \u2018partners and allies\u2019 to share part of the burden of\nmeeting shared goals. The US\u2019s mantra of a \u2018free and open Indo Pacific\u2019\nillustrates the strategy, with Japan, India and Australia asked to join in\npushing back against China\u2019s growing maritime power. Meanwhile the US finds it\nuseful (and economical) to negotiate bilateral agreements with individual\nstrategically located states. <\/p>\n\n\n\n

      SALLYPORT<\/strong><\/p>\n\n\n\n

      In the backdrop of the ACSA, already signed\nand a SOFA deal pending, security companies in the US are looking for personnel\nin Sri Lanka.Sallyport, a US firm offers a comprehensive range of global\nprotective, security and mission support solutions to the US Government,\nforeign allied governments, and a wide range of private and commercial\nclients.In a note to recognised Sri Lankan security companies, Sallyport has on\noffer jobs which are full time and hourly.The note, among other matters, says:\nAs a part of our Professional Services group at Michael Baker Global Services,\na whole owned subsidiary of Caliburn International, the Cleared American Guard\n(CAG) is professionally trained to protect the security integrity of the\nconstruction site and responsible for protection of building materials,\nfurniture, fixtures, and other items. CAGs will perform access control\nfunctions at all vehicle and pedestrian entrances to the site on a 24\/7 basis\nthroughout the construction or project period.\u201d (Sunday Times\n7.7.19)<\/p>\n\n\n\n

      The note adds:<\/p>\n\n\n\n

      • Denies\n introduction of prohibited materials such as explosives, weapons,\n electronic devices, or other items as specified by the Accrediting Official\n (AO) or designee.<\/li>
      • Conducts\n random inspections of all site areas to ensure no prohibited materials\n have been brought on to the site.<\/li>
      • Ensures\n that all suspicious materials or incidents be brought to the attention of\n the site security manager or construction surveillance technician.<\/li>
      • Monitors\n all non-cleared guards provided by the construction company.<\/li>
      • Maintains\n and operates the Secure Storage Area (SSA) established by the assigned\n construction company within the construction site footprint where they will\n store construction materials and equipment that will be used for the\n project.<\/li><\/ul>\n\n\n\n

        What are the key\nskills required for this role?<\/p>\n\n\n\n

        • Must\n possess the ability to exercise discretion and good judgment to make\n logical and effective decisions.<\/li>
        • A\n CAG will typically progress onto one of our next construction projects or\n with the required experience be promoted to a Construction Surveillance\n Technician or Team Lead. <\/li><\/ul>\n\n\n\n

          Minimum\nqualifications and education requirements:<\/p>\n\n\n\n

          • You\n must be a U.S. citizen with an active TOP Secret clearance. You must have\n at least 3 years\u2019 experience in a security field. Candidates with overseas\n experience are highly preferred.<\/li>
          • Selected\n candidates will be sponsored for required 40-hour CAG training. Candidates\n with active DOS CAG certification are preferred.  You must be capable\n of independent decision making, possess a high degree of individual\n initiative and be able to function with minimal supervision.<\/li>
          • You\n need to be able to stand for 8 hours, work outdoors in all seasons and lift\n up to 25 pounds. ( CONTINUED) <\/li><\/ul>\n","protected":false},"excerpt":{"rendered":"

            KAMALIKA PIERIS STATUS OF FORCES AGREEMENT (SOFA) FULL TEXT   OF DRAFT AGREEMENT. Here is the full text of the draft Status of Forces Agreement (SOFA) dated 28TH August 2018, which the Government of Sri Lanka is negotiating with the United States. (Sunday Times 30.6.19)     (1)   The Embassy of the United States of America presents […]<\/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-91805","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\/91805","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=91805"}],"version-history":[{"count":0,"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/posts\/91805\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/media?parent=91805"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/categories?post=91805"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/tags?post=91805"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}