Once President Daniel Noboa ratifies the agreement regarding the Statute of Forces, signed by the government of Guillermo Lasso with the United States, cooperation between the military of both countries will expand.
United States National Guard service members at an event in New Jersey, January 14, 2024.
A “trilogy of cooperation agreements” will pave the way for joint law enforcement work between Ecuador and the United States.
The three instruments were signed during the government of Guillermo Lasso and, after the favorable ruling of the Constitutional Court (CC), they can come into force without requiring ratification by the Legislature. All that is needed is the ratification of President Daniel Noboa.
These are the agreements related to:
- Status of Forces (SOFA)
- Operations against Illicit Transnational Maritime Activities
- Air Interception Assistance.
For Chancellor Gabriela Sommerfeld, this will allow cooperation to be executed expeditiously. And she added that this coincides with the visit of a US delegation, to analyze the methods and assistance to confront the internal armed conflict, based on the three agreements.
While the vice chancellor, Carlos Larrea, emphasized that they are temporary cooperation agreements, within the framework of the fight against drug trafficking and terrorism, framed in international law and those of the two countries.
What does the agreement regarding the Status of Forces imply?
The document was signed on October 6, 2023 , on November 14 it was sent to the Constitutional Court for review, and on January 11 it gave it free rein. The agreement has just 14 articles and establishes the framework under which the United States military and civilian personnel can operate in Ecuador.
That is, members of the Armed Forces and civilian employees of the Department of Defense, as well as US contractors, companies and firms and their employees under contract or subcontract with the same Department.
They may be temporarily present in Ecuadorian territory for “ship visits, training, exercises, humanitarian activities.” But also for cooperation activities against shared security challenges , such as illicit trafficking, international terrorism, illegal fishing and other mutually agreed activities.
With the signed agreement, Ecuador accepts that these US personnel have ” privileges, exemptions and immunities ” equivalent to those of diplomatic personnel. That is, all professional licenses will be accepted and they will be authorized to wear their uniforms and carry weapons while on duty.
In addition, the United States will maintain disciplinary control and criminal jurisdiction over its personnel, within Ecuadorian territory.
And, both military and civilian, will not pay local taxes and will be able to import or export personal goods, equipment, supplies, supplies, technology, training or services, related to the agreement.
These movements will be free of “any inspection, license, other restrictions, customs fees, taxes or any other charges applied.” And both countries will cooperate to “ensure the safety and security of United States personnel, property, equipment, records and official information.”
Added to this are aircraft, ships and vehicles operated by the Department of Defense, which will be able to enter, leave and move freely through Ecuadorian territory. The first two will also not be subject to payment of fees, parking, port, overflight, terminals and other related fees.
United States personnel will have freedom of movement and access to mutually agreed upon transportation, storage, training ,
and other facilities. This includes the use of the radio spectrum for its communications systems, at no cost.
The agreement also makes explicit that both governments will avoid any claim against each other for damage, loss or destruction of property, except for contractual property, or for injury or death of military or civilian members, in the midst of the fulfillment of their official duties.
