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FFOIA
200202750 "Accreditation" = "Immunity"???
circa 2000 "Therefore, it is imperative that these employees receive immunity from criminal prosecution for accidents/incidents that occur during the the performance of INL CN mission." TEXT |
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(SENSITIVE BUT UNCLASSIFIED) TO: M/DGP - Mr. Larry C. Williamson, Acting FROM: INL - Rand Beers SUBJECT: Accreditation of USG Contractor Personnel REF: Bogota 001866, State 042974 ISSUE FOR DECISION Whether to approve accreditation (Administrative and Technical Status) for INL aviation services contractor personnel (currently Dyncorp and its subcontractors) under the operational control of the Narcotics Affairs Section (NAS); American Embassy Bogota, in support of the international narcotics program per LOA of between USG and GOC. ESSENTIAL FACTORS Accreditation is essential for security, residency, mobility and the carrying out of official duties in Colombia. The INL contractor personnel are technical advisors to the U.S. sponsored GOC Colombian National Police (CNP) and Colombian Army (COLAR) counternarcotics program who work on behalf of the Mission and NAS Director in remote parts of the country in the sensitive field of anti-narcotics programs arid operations. Included in the General Provisions of State Department/INL aviation services contract is a statement that operational directional authority over the contractor in OCONUS locations lies with the Chief of Mission of the respective country. For Colombia, the NAS Director, as assisted by several Personal Services Contractors, provides daily operational guidance. As indicated in Bogota 001866, an INL aviation services contractor employee has been charged for the accidental death of another Dyncorp employee while in the performance of his normal duties in Colombia. This case has enlightened the Department as to the many possibilities of similar incidents/accidents that could occur at any time due to the very hazardous nature of the CN mission in Colombia. Aircraft and flight crews must operate in the most remote regions of Colombia where their aircraft can be downed by hostile fire action from guerrilla forces (FARC, ELN, narcotraffickers, etc.) at any time. Downed flight crews and search and rescue (SAR) operations in the presence of guerrilla forces can place our employees in untenable positions where their survival may require drastic action/force as a last resort. We want to support these personnel who are doing jobs in support of law enforcement and military activities. Therefore, it is imperative that these employees receive immunity from criminal prosecution for accidents/incidents that occur during the performance of the INL CN mission. We are not asking for exemption from acts of misconduct while off duty. RECOMMENDATION That you authorize the US Ambassador for Colombia to grant accreditation (administration and technical status) for INL aviation services contractor personnel (list to be provided) providing aviation service support to the Colombian National Police, the CN Battalion of CNP, and the NAS, US Embassy-Bogota.
APPROVE DISAPPROVE Drafter: INL/AD: RJWoolfolk Clearance(s): L/LEI - HCollums L/LB - BGallagher WHA/AND AELee |
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P 102239Z MAR 00 P74 AMEMBASSY BOGOTA TO SECSTATE WASHDC PRIORITY 3913 DOSAIRWING PATRICK AFB FL 1022551 /38 UNCLAS SECTION 01 0F 02 BOGOTA 002186 DEPT FOR: L/LEI (COLLUMS) AND L/DL (TEEL), INL/LP FOR HANWAY, INL/RM FOR HENDERSON AND RECHACHINES1 E.O. 12958: N/A TAGS: SNAR, ASEC, CASC, CO SUBJECT~ NAS CONTRACTOR ARREST CASE REF:A) STATE 42974 B) BOGOTA 1904 BOGOTA 010? 02 2186 1. SUMMARY: IN REPLY TO REF A, QUESTIONS REGARDING THE STATUS OF DYNCORP CONTRACT PERSONNEL IN COLOMBIA. WE CAN FIND NO/NO HARD EVIDENCE THAT DYNCORP PERSONNEL EVER ENJOYED ANY SORT OF IMMUNITY OR PROTECTED STATUS ALTHOUGH SECTION "C" SUGGESTS THAT THE GOC HAD, UNTIL RECENTLY, EXTENDED (PERHAPS INADVERTENTLY) A SPECIAL VISA STATUS. END SUMMARY.
2. THE FOLLOWING PARAGRAPHS ARE KEYED TO QUESTIONS IN REF A. EVANS CASE: A). EMBASSY DID NOT NOTIFY THE GOC (THE FOREIGN MINISTRY) THAT EVANS WAS IN COUNTRY AND WORKING UNDER THE CONTRACT/LOA. - LOCAL DYNCORP REPRESENTATIVES DID NOTIFY THE COLOMBIAN NATIONAL POLICE (CNP) DYNCORP ALWAYS NOTIFIES THE CNP WHICH ISSUES SPECIAL VISITORS CARDS TO INCOMING DYNCORP PERSONNEL. LOA GOVERNING NAS ADVISORS~ B) RELEVANT PARAGRAPH OF THE CURRENT LOA ARE ESSENTIALLY THE SAME AS THE ORIGINAL LOA WHICH HAS BEEN IN EFFECT (WITH ANNUAL AMENDMENTS) SINCE SEPTEMBER 30 • 1978.. ACCORDING TO ALL OF OUR LOCAL SOURCE RECORD SEARCH AND MEMORY, POST HAS NEVER NOTIFIED THE CCC OP DYNCORP PERSONNEL. (NOTE: THE ORIGINAL SPRAY PILOTS. IN 1984, WERE PSCS WITH DIPLOMATIC PASSPORTS. WHEN THE SPRAY PROGRAM WAS TAKEN OVER BY A COMPANY CALLED "NATI" THE PILOTS TRANSFERRED TO NATI CONTRACTS AND LOST THEIR DIP PASSPORTS AND ADMIN/STAFF STATUS. THIS POLICY REMAINED IN EFFECT WHEN DYNCORP TOOK OVER AND THEN EXPANDED THE ERADICATION PROGRAM. END NOTE) -THE EMBASSY PERSONNEL OFFICE DOES NOT ROUTINELY DEAL WITH DYNCORP PERSONNEL. PERSONNEL HAS NO RECORDS AND THE SENIOR FSNS (13 YEARS ON THE JOB) HAVE NO RECOLLECTION OF EVER HAVING NOTIFIED THE MFA ON ANY DYNCORP EMPLOYEE. LIKEWISE, THE ACCREDITATION. DIVISION OP THE MBA HAS NO RECORDS CR RECOLLECTION OF SUCH NOTIFICATION. A POSSIBLE CAVEAT: GOC "SERVICE" VISAS. C). DYNCORP PERSONNEL HAVE WORKED IN COLOMBIA SINCE 1988. NAS OFFICERS HAVE MET WITH MFA VISA OFFICE AND DAS (COLOMBIAN FBI, USINS EQUIVALENT) TO WORK OUT VISA QUESTIONS FOR DYNCORP PERSONNEL. SINCE JULY, 1999 . ALL DYNCORP PERSONNEL, WHETHER THEY ARE PERMANENT OR ROTATING PERSONNEL (20 DAYS IN COUNTRY, 20 DAYS OUT), ARE ISSUED A TEMPORARY WORK VISA GOOD FOR SIX MONTHS (RENEWABLE). FOR AT LEAST TWO YEARS PRIOR TO THIS, DYNCORP PERSONNEL WERE ISSUED A SERVICE VISA-THE SAME AS A TDY ADMIN/TECH WOULD RECEIVE. IN JULY 1999, THE FOREIGN MINISTRY ANNOUNCED THAT IT WOULD NOT ISSUE DIPLOMATIC OR SERVICE VISAS TO BEARERS OF REGULAR PASSPORTS. THE MFA SENT THIS ANNOUNCEMENT (PP NO. 17632) TO ALL DIPLOMATIC MISSIONS AND DOES NOT APPEAR TO HAVE DIRECTED IT TOWARD DYNCORP OR THE US EMBASSY. D) THERE ARE CURRENTLY 238 DYNCORP PERSONNEL, IN COLOMBIA. THIS IS AN ALMOST CONSTANT NUMBER AS INDIVIDUAL EMPLOYEES ROTATE IN AND OUT. THERE ARE 35 PERMANENT DYNCORP EMPLOYEES IN COUNTRY AND ABOUT 205 ROTATIONAL EMPLOYEES AT ANY GIVEN TIME. NOT ALL OF THEM - AS IN THE CASE OF THE LATE MR. CHACON (REF B)- ARE AMCITS. CONTRACTORS: NAS CONTRACTORS: MILGROUP -MILGROUP HAS AN AVERAGE OF 26 CONTRACTORS. MILGROUP NOTES THAT, ALTHOUGH CONTRACTORS ARE NOT PROTECTED UNDER THE 1974 MILITARY MISSIONS AGREEMENT, THE MOD DOES EXTEND SOME PROTECTION ON A SEEMINGLY ARBITRARY BASIS. ALTHOUGH MILGROUP HAS NEVER SOUGHT ADMIN/TECH STATUS FOR CONTRACTORS, THEY FIND THAT THE MOD HAS WRITTEN THIS INTO SEVERAL (BUT NOT ALL) CONTRACT AGREEMENTS. THIS HAS NEVER BEEN TESTED ALTHOUGH SOME DOUBT THAT IT WOULD WITHSTAND LEGAL SCRUTINY. PROBABLY, ONLY THE MFA CAN- EXTEND ADMIN/TECH STATUS-NOT MOD OR ANY OTHER MINISTRY. (NOTE: MILGROUP CONTRACTORS ARE NOT/NOT NOTIFIED TO THE MFA. END NOTE) QUESTION: - IN REFERRING TO "CONTRACTORS" DOES THE DEPARTMENT INCLUDE PSCS? WE NOTE THAT HAS PSCS ARE NOTIFIED AND SPECIFICALLY INCLUDED AS TECH/ADMIN PERSONNEL BECAUSE OF THE SPECIFIC REFERENCES TO "ADVISORS" IN OUR LOA. WE CAN FIND NO/NO REFERENCE THAT DYNCORP PERSONNEL WERE EVER CONSTRUED TO BE ADVISORS. WE CAN NOT ANSWER FOR THE STATUS OF OTHER PSCS AT POST.. WE CAN DO A POST CENSUS OF THE TOTAL NUMBER 0F PSCS IF THE DEPARTMENT DESIRES. END QUESTION) EMBASSY/MBA DISCUSSIONS ON NOTIFICATION E) THE EMBASSY HAS NOT HAD ANY DISCUSSION REGARDING NOTIFICATION IN THE LAST TWO YEARS. WE CAN FIND NO RECORD OF PREVIOUS DISCUSSIONS (IF ANY) GOC POSITION ON IMMUNITY: F). PROBABLY NOT. IN VIEW OF THE SENSITIVE NATURE OF THE FUTURE OP PLAN COLOMBIA (AS WELL AS THE PEACE PROCESS I WE DOUBT THAT GOC WOULD WISH TO SEE A LARGER AMERICAN "FOOTPRINT" AT THIS TIME. ANY DISCUSSIONS ABOUT INCREASED USG PRESENCE IN COLOMBIA (CONTRACTOR, MILITARY, FSO ETC) AND ANY EXPANDED PROTECTION OR IMMUNITY FOR THESE HYPOTHETICAL INCREASES WOULD SURELY DRAW UNWELCOME ATTENTION. IMMUNITY FOR EMPLOYEES OF US COMPANIES WOULD ALSO RAISE QUESTIONS OF RECIPROCITY WHICH SHOULD BE CONSIDERED. 3. COMMENT: WE REGRET THE IMPRECISION OF SOME OF OUR ANSWERS. REGULAR FSO TURNOVER AND POST AND DEPARTMENT PILE DESTRUCTION SCHEDULES HAVE PRECLUDED US FROM OBTAINING HARD COPY EVIDENCE. DYNCORP LEGAL DEPARTMENT HAS YET TO CONTACT US, BUT VARIOUS DYNCORP CONTRACTING OFFICERS NOTE THAT THEY DO NOT RECALL DYNCORP STAFF EVER HAVING (OR SEEING) ANY ADMIN/TECHNICAL OR OTHER PROTECTED STATUS IN ANY COUNTRY. MUCH OF OUR INFORMATION CAME FROM LONG SERVING PSNS (THE INSTITUTIONAL MEMORY OF ANY POST) AND MFA EMPLOYEES. WE HAVE ALSO ASKED PRESENT AND FORMER DYNCORP EMPLOYEES ABOUT THEIR RECOLLECTIONS ABOUT COLOMBIA OR ANY OTHER COUNTRY. THEY WERE UNANIMOUS IN STATING THAT THEY KNEW OF NO/NO CASES WHERE DYNCORP PERSONNEL RECEIVED ANY SORT OF PROTECTED STATUS. END COMMENT UNSUBSTANTIATED RUMOR 4. WE HAD RECEIVED AN UNOFFICIAL DEPARTMENT REPORT THAT UNTIL 1996, COLOMBIAN DYNCORP PERSONNEL HAD ADMIN/TECH STATUS BUT, BECAUSE OF THE EXPONENTIAL GROWTH OF THE ERADICATION PROGRAM AND THE CONCOMITANT INCREASE IN DYNCORP PERSONNEL, THE (THEN) AMBASSADOR DECIDED NOT TO NOTIFY THE MPA REGARDING INDIVIDUAL DYNCORP PERSONNEL. THIS WAS SUPPOSEDLY DONE TO LOWER THE PROFILE OF THE ENTIRE US MISSION. WE HAVE FOUND NO/NO EVIDENCE CR RECOLLECTION OF THIS. ONE OF OUR PSCS WAS THE ORIGINAL DYNCORP TEAM LEADER WHO BROUGHT THE FIRST THREE ERADICATION HELICOPTERS FROM GUATEMALA TO COLOMBIA IN 1996. HE SAID THAT ADMIN/TECH (OR OTHER) STATUS WAS NEVER AN ISSUE. IN ANY EVENT, NO DYNCORP PERSONNEL WERE PERMANENTLY ASSIGNED TO COLOMBIA. ALL THE DYNCORP ERADICATION PERSONNEL ROTATED BETWEEN GUATEMALA AND COLOMBIA. .DYNCORP AND THE EMBASSY: 5. OUTSIDE OF NAS, DYNCORP PERSONNEL HAVE VERY LITTLE INTERACTION WITH THE REST OP THE EMBASSY. THE SECURITY OFFICE DOES ISSUE THE PERMANENT~ DYNCORP EMPLOYEES WITH COLOR CODED CONTRACTORS BADGES FOR ACCESS TO HAS OFFICES. DYNCORP PERSONNEL ARE SUPPOSED TO REGISTER WITH THE ACS UNIT (FOR WELFARE AND WHEREABOUTS AND EVACUATION PURPOSES) BUT NOT ALL DO. MR. EVANS, FOR INSTANCE, WAS UNKNOWN TO THE ACS STAFF WHEN THE UNFORTUNATE INCIDENT OCCURRED. KAMMAN.
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