Diplomatic Cable | United States

[Jay]

Dışişleri Bakanlığı Ministry of Foreign Affairs​

AUTHENTIC COMMUNIQUE OF THE OFFICE OF FOREIGN AFFAIRS Security Clearance: Secure and Encrypted ŞİFRELEME KORUMASI: KAPLUĞA​

[Recipient]: Secretary of Defense < Odinson > [Sender]: Minister of National Defense, Türkiye < TTTayanMSB@tr.gov > [Subject]: Confidential // Status of Forces Agreement

Dear Secretary Gate, I write to you on behalf of the Government of the Republic of Türkiye, and at the instruction of Prime Minister Ayşe Çiller, to open formal discussions on the potential stationing of United States forces in our country. As you are aware, the Turkish Cabinet recently convened to deliberate on this matter. After a frank and thorough debate, the Cabinet gave its tentative endorsement to the proposal, subject to the successful conclusion of negotiations that would establish mutually acceptable terms. We are mindful of both the opportunities and responsibilities such an arrangement entails, and we are determined to approach this in a spirit of partnership and transparency. In order to provide a concrete starting point for our dialogue, the Government of Türkiye has prepared a draft Status of Forces Agreement (SOFA) that could govern the legal and practical framework for the presence of U.S. personnel and assets on Turkish soil. While this draft is of course preliminary, it reflects our understanding of the preferred path forward to govern the presence of U.S. personnel and assets. I would be most willing to travel to Washington at your convenience to finalize the agreement and negotiate key provisions directly with you and your team. Should it be preferable, I am equally open to conducting negotiations in Ankara or arranging for virtual meetings between our delegations, so as to expedite progress. Mr. Secretary, our governments share a long tradition of cooperation and alliance. Despite the tragedy of our relations in the past decade, the prospect of deepening this through a permanent basing arrangement is one that, we believe, will serve not only the security of Türkiye and the United States, but also the peace and stability of our wider region. I look forward to your response and to beginning this important work together. With the assurances of my highest consideration, Turhan Tayan Minister of National Defense Republic of Türkiye

ATTACHMENT FROM THE OFFICE OF FOREIGN AFFAIRS Security Clearance: Secure and Encrypted ŞİFRELEME KORUMASI: KAPLUĞA​

FACILITIES AND AREAS AND THE STATUS OF THE UNITED STATES ARMED FORCES IN THE REPUBLIC OF TÜRKIYE Agreement Between the United States and the Republic of Türkiye The United States of America and the Republic of Türkiye (hereinafter referred to as “the Parties”), in order to strengthen the close bonds of mutual interest between their two countries, have entered into this Agreement regarding facilities and areas and the status of the United States Armed Forces in the Republic of Türkiye in terms as set forth below:​ In this Agreement the expression: “members of the United States armed forces" means the personnel on active duty belonging to the land, sea, or air armed services of the United States of America when in the territory of the Republic of Türkiye, except for personnel of the United States armed forces attached to the United States Embassy "civilian component" means the civilian persons of United States nationality who are in the employ of, serving with, or accompanying the United States armed forces in the Republic of Türkiye, but excludes persons who are ordinarily resident in the Republic of Türkiye or dual-nationals, i.e., persons having the nationality of both the United States and the Republic of Türkiye, who are brought into the Republic of Türkiye by the United States shall be considered United States nationals; "dependents" means spouse and children under 21; parents, children over 21, or other relatives dependent for over half their support upon a member of the United States armed forces or civilian component. Article I​ Grant and Return The United States is granted the use of facilities and areas in the Republic of Türkiye. “Facilities and areas” include existing furnishings, equipment, and fixtures, wherever located, used in the operation and such facilities and areas. The facilities provided for at the Aksaz Naval Base shall be open to the use of the United States Navy and Marine Corps; The facilities provided for at the Turkish Marine Corps Barracks and Maritime Forces shall be open to the use of the United States Marine Corps and Navy for deployment of their personnel in line with the following; for replenishment and supporting their military operations in the Mediterranean and Black Sea. for the full exercise of America's commitments for mutual cooperation with Türkiye for activities as agreed upon by the Parties The facilities provided for at the Incirlik Air Base shall be open to the use of the United States Armed Forces; The facilities provided for the Turkish Armed Forces shall be open shall be open to the use of the United States Armed Forces for deployment of their personnel in line with the following; for replenishment and supporting their military operations in the Middle East, Black Sea, and Eastern Europe. for the full exercise of America's commitments for mutual cooperation with Türkiye for activities as agreed upon by the Parties The facilities and areas used by the United States shall be returned to the Republic of Türkiye under such conditions as received whenever they are no longer needed for the purposes of this Agreement and the United States agree to keep the needs for facilities under continual observation with a view toward such return. Article II​ Security Measures Within the facilities and areas, the United States of America may take all the measures necessary for their establishment, operation, safeguarding and control. In order to provide access for the United States Armed Forces to the facilities and areas for their support, safeguarding, and control, the Republic of Türkiye shall, take necessary measures, within the scope of applicable laws and regulations, with respect to land, territorial waters and airspace adjacent to, or in the vicinities of the facilities and areas. The United States of America may also take necessary measures for such purposes upon consultation between the Parties. The United States of America shall provide for auxiliary air traffic control and defense in and around Incirlik Air Base while primary control and defense rests with the Republic of Türkiye. Security in the base shall be the joint responsibility of the Republic of Türkiye and United States in the areas of threat or harm against personnel and assets of the United States Armed Forces stationed at Aksaz Naval Base and/or Incirlik Air Base. The United States of America, upon request, shall provide for additional defense equipment, upon the request in and around the territorial borders of the Republic of Türkiye. The Parties will cooperate in taking such steps as may from time to time be necessary to ensure the security of the United States Armed Forces, the members of, civilian components, the persons who are present in the Republic of Türkiye pursuant to all existing agreements and the property thereof. The Government of the Republic of Türkiye agrees to seek such legislation and to take such action as deemed to be necessary to ensure the adequate security and protection within its territory of installations, equipment, property, records, and official information of the United States of America to ensure the punishment of offenders under the applicable laws of the Republic of Türkiye. Article III​ Respect for Local Law and Criminal Jurisdiction It is the duty of members of the United States Armed Forces to respect the law of the Republic of Türkiye and to abstain from any activity inconsistent with the spirit of this Agreement and from any political activity in the Republic of Türkiye. The military authorities of the United States of America shall have the right to exercise within the Republic of Türkiye all criminal and disciplinary jurisdiction conferred on them by the law of the United States of America over members of the United States Armed Forces or civilian components thereof; The authorities of the Republic of Türkiye shall have jurisdiction over the members of the United States Armed Forces or civilian components thereof with respect to offenses committed within the territory of the Republic of Türkiye and punishable by the law of the Republic of Türkiye outside of the confines of their respective bases. The military authorities of the United States of America shall have the right to exercise exclusive jurisdiction over members of the armed forces of civilian components with respect to offenses, including offenses related to its security, punishable by the law of the United States of America, but not by the law of the Republic of Türkiye. The authorities of the Republic of Türkiye shall have the right to exercise exclusive jurisdiction over members of the United States Armed Forces and civilian components relating to the security of the Republic of Türkiye, punishable by its laws but not by the law of the United States of America. In cases where the right to exercise jurisdiction is concurrent, the following rules shall apply: The military authorities of the United States of America shall have the primary right to exercise jurisdiction over members of the United States Armed Forces and civilian components when offenses solely against the property or security of the United States of America or offenses solely against the person or property of another member of the United States Armed Forces or act or omission done in the performance of official duties. The authorities of the Republic of Türkiye shall have the primary right to exercise jurisdiction over members and civilian components of the United States Armed Forces in case of all other offenses. If the respective Party chooses not to exercise their primary jurisdiction, it shall not preclude the other from action but shall give sympathetic consideration to a request from the authorities of the other for a waiver of its rights in cases of particular importance. Article IV​ Utilities and Services The United States armed forces shall have the use of all utilities and services which are owned, controlled or regulated by the Government of the Republic of Türkiye or local administrative subdivisions thereof in the Aksaz Naval Base and/or Incirlik Air Base. The term "utilities and services” shall include, but not be limited to, transportation and communications facilities and systems, electricity, gas, water, steam, heat, light, power, and sewage disposal. The use of utilities and services as provided herein shall not prejudice the right of the United States to operate military transportation, communication power and such other utilities and services deemed necessary for the operations of the United States armed forces. This right shall not be exercised in a manner inconsistent with the operation by the Government of the Republic of Türkiye of its utilities and services. The use of such utilities and services by the United States shall be in accordance with priorities, conditions, and rates or tariffs no less favorable than those accorded any other user. Article V​ Special Privileges Save as provided in this Agreement, members of the United States armed forces, the civilian component, and their dependents shall be subject to the laws and regulations administered by the customs authorities of the Republic of Türkiye. All materials, supplies and equipment imported by the United States armed forces (including their authorized procurement agencies, for the official use of the United States armed forces or for the use of the members of the United States armed forces, the civilian component, and their dependents, and materials, supplies and equipment which are to be used exclusively by the United States armed forces or are ultimately to be incorporated into articles or facilities used by such forces, shall be permitted entry into the Republic of Türkiye; such entry shall be free from customs duties and other such charges. Appropriate certification shall be made that such materials, supplies and equipment are being imported by the United States armed forces (including their authorized procurement agencies), or, in the case of materials, supplies and equipment to be used exclusively by the United States armed forces or ultimately to be incorporated into articles or facilities used by such forces, that delivery thereof is to be taken by the United States armed forces for the purposes specified above. The exemptions provided in this paragraph shall extend to materials, supplies and equipment imported by the United States armed forces for the use of other armed forces in the Republic of Türkiye under the Unified Command which receive logistical support from the United States armed forces. Property consigned to and for the personal use of members of the United States armed forces, the civilian component, and their dependents, shall be subject to customs duties and other such charges, except that no duties or charges shall be paid with respect to: furniture, household goods, and personal effects for their private use imported by the members of the United States armed forces or civilian component when they first arrive to serve in the Republic of Türkiye or by their dependents when they first arrive for reunion with members of such forces or civilian component: vehicles and parts imported by members of the United States armed forces or civilian component for the private use of themselves or their dependent; reasonable quantities of personal effects and household goods of a type which would ordinarily be purchased in the United States for the private use of members of the United States armed forces, civilian component, and their dependents, which are mailed into the Republic of Türkiye through United States military post offices. The exemptions granted in paragraphs 2 and 3 shall apply only to cases of importation of goods and shall not be interpreted as refunding customs duties and domestic excises collected by the customs authorities at the time of entry in cases of purchase of goods on which such duties and excises have already been collected. Customs examination shall not be made in the following cases: members of the United States armed forces under orders, other than leave orders, entering or leaving the Republic of Türkiye: official documents under official seal and First Class letter mail in the United States military postal channels under official postal seal: military cargo consigned to the United States armed forces. Except as such disposal may be authorized by the authorities of the United States and of the Republic of Türkiye in accordance with mutually agreed conditions, goods imported into the Republic of Türkiye free of duty shall not be disposed of in the Republic of Türkiye to persons not entitled to import such goods free of duty. The United States armed forces, in cooperation with the authorities of the Republic of Türkiye, shall take such steps as are necessary to prevent abuse of privileges granted to the United States armed forces, members of such forces, the civilian component, and their dependents in accordance with this Article. In order to prevent offenses against laws and regulations administered by the customs authorities of the Government of the Republic of Türkiye, the authorities of the Republic of Türkiye and the United States armed forces shall assist each other in the conduct of inquiries and the collection of evidence. The United States armed forces shall render all assistance within their power to ensure that articles liable to seizure by, or on behalf of, the customs authorities of the Government of the Republic of Türkiye are handed over to those authorities. The United States armed forces shall render all assistance within their power to ensure the payment of duties, taxes, and penalties payable by members of such forces or of the civilian component, or their dependents. The authorities of the United States armed forces shall provide all practicable assistance to the customs officials dispatched to military controlled piers and airports for the purpose of customs inspection. Vehicles and articles belonging to the United States armed forces seized by the customs authorities of the Government of the Republic of Türkiye in connection with an offense against its customs or fiscal laws or regulations shall be handed over to the appropriate authorities of such forces. The United States of America when providing material items for the comfort of its personnel from amenities not to be resold inside the Republic of Türkiye shall be given tariff exemptions and pay a flat fee for importation of said amenities. The United States of America shall be given the right to construct in its portion of the base special facilities not accessible to Turkish citizens and shall be covered exclusively by the United States Government. The construction of the facilities and amenities shall be done in consultation with the Authorities of Aksaz and/or Incirlik, Commanding Officer of the Base, and the Ministry of National Defense. The importation of materials for the facilities and amenities will be tax exempt and not subject to tariffs on the condition of the labor force consisting of 50% Turkish workers. United States and foreign vessels and aircraft operated by, for, or under the control of the United States for official purposes shall be accorded access to any port or airport of the Republic of Türkiye free from toll or landing charges. When cargo or passengers not accorded the exemptions of this Agreement are carried on such vessels and aircraft, notification shall be given to the appropriate authorities of the Republic of Türkiye, and the entry into and departure from the Republic of Türkiye of such cargo and passengers shall be according to the laws and regulations of the Republic of Türkiye. The United States armed forces shall not be subject to taxes or similar charges on property held, used or transferred by such forces in the Republic of Türkiye. Members of the United States armed forces, the civilian component, and their dependents shall not be liable to pay any Turkish taxes to the Government of the Republic of Türkiye or to any other taxing agency in the Republic of Türkiye on income received as a result of their service with or employment by the United States armed forces. Persons in the Republic of Türkiye solely by reason of being members of the United States armed forces, the civilian component, or their dependents shall not be liable to pay any Turkish taxes to the Government of the Republic of Türkiye or to any taxing agency in the Republic of Türkiye on income derived from sources outside of the Republic of Türkiye, nor shall periods during which such persons are in the Republic of Türkiye be considered as periods of residence or domicile in the Republic of Türkiye for the purpose of Turkish taxation. The provisions of this Article do not exempt such persons from payment of Turkish taxes on income derived from Turkish sources, other than those sources referred to in the first sentence of this paragraph, nor do they exempt United States citizens who claim residence in the Republic of Türkiye for United States income tax purposes from payment of Turkish taxes on income. Members of the United States armed forces, the civilian component, and their dependents shall be exempt from taxation in the Republic of Türkiye on the holding, use, transfer inter se, or transfer by death of movable property, tangible or intangible, the presence of which in the Republic of Türkiye is due solely to the temporary presence of these persons in the Republic of Türkiye, provided that such exemption shall not apply to property held for the purpose of investment or the conduct of business in the Republic of Türkiye or to any intangible property registered in the Republic of Türkiye. Article VI​ Health & Public Welfare Members of the United States Armed Forces, the civilian component, and their dependents shall have access to medical and dental care in the healthcare facilities operated by the Republic of Türkiye on the same basis as Turkish armed forces personnel. This access shall include emergency and routine medical treatment, hospital services, and specialized care. Access to Turkish healthcare facilities for members of the United States Armed Forces, the civilian component, and their dependents shall be granted upon presentation of American military-issued healthcare documents. These documents shall serve as proof of entitlement to medical services under this Agreement. The Government of the United States of America shall directly reimburse the healthcare facilities of the Republic of Türkiye for the cost of medical and dental care, and other applicable services covered by American healthcare, provided to members of the United States Armed Forces, the civilian component, and their dependents. Reimbursement rates and procedures shall be clearly explained to the eligible person(s) and shall be reasonably delivered. Prior to deployment to the Republic of Türkiye, all members of the United States Armed Forces, the civilian component, and their dependents shall undergo comprehensive health and safety screening. This screening shall include tests for hepatitis, HIV/AIDS, and other communicable diseases. Only those individuals who pass the health and safety screening shall be eligible for deployment. Members of the United States Armed Forces, the civilian component, and their dependents shall comply with the immunization requirements of the Republic of Türkiye. Records of immunizations shall be maintained and made available to the Turkish health authorities upon request. In cases where the required medical treatment is not available within the Republic of Türkiye, the United States Armed Forces shall be responsible for arranging and covering the costs of emergency medical evacuation of their personnel and dependents to appropriate medical facilities outside Türkiye. The United States Armed Forces shall notify the Turkish health authorities promptly in the event that any member of their forces, the civilian component, or their dependents is diagnosed with a contagious disease. Appropriate measures shall be taken to contain and treat such diseases in accordance with Turkish health regulations. The authorities of the Republic of Türkiye and the United States Armed Forces shall cooperate in public health matters to prevent the spread of infectious diseases. This cooperation shall include sharing relevant medical information, conducting joint health monitoring programs, and implementing preventive measures. Members of the United States Armed Forces, the civilian component, and their dependents shall comply with all applicable health and safety regulations of the Republic of Türkiye. This includes pandemics or other public health crisis as determined by the Turkish health officials or the World Health Organization. Article VI​ Environmental Safety & Standards The United States Armed Forces shall comply with all applicable environmental laws and regulations of the Republic of Türkiye, as well as international environmental standards, while operating within the Aksaz Naval Base and/or Incirlik Air Base. This includes regulations related to pollution control, waste management, and the protection of natural resources. The United States Armed Forces shall implement all necessary measures to prevent and mitigate environmental damage during their operations. These measures shall include, but not be limited to, proper disposal of hazardous materials, pollution prevention practices, and the adoption of environmentally friendly technologies and procedures. Prior to initiating any construction, training, or operational activities that may have significant environmental impacts, the United States Armed Forces shall conduct comprehensive environmental impact assessments. These assessments shall be shared with the relevant Turkish authorities for review and approval. The United States Armed Forces shall cooperate with Turkish environmental authorities in monitoring and addressing environmental issues. This includes sharing relevant data, participating in joint environmental programs, and providing assistance in environmental emergencies. The United States Armed Forces shall manage waste generated from their activities in accordance with Turkish regulations. This includes the segregation, collection, transportation, and disposal of waste in an environmentally responsible manner. Special attention shall be given to the handling of hazardous and toxic waste to prevent contamination. The United States Armed Forces shall avoid actions that may harm the environmental safety and health of the local communities in which they operate. This includes taking precautions to prevent air, water, and soil pollution, as well as minimizing noise and other disturbances. The United States Armed Forces shall take all necessary steps to protect the natural resources within the areas of their operation. This includes conserving water, energy, and other resources, as well as protecting wildlife and their habitats from adverse effects of military activities. The United States Armed Forces shall maintain accurate records of their environmental performance and provide regular reports to the Turkish authorities. These reports shall include details of environmental incidents, mitigation measures taken, and progress in achieving environmental objectives. In the event of environmental damage caused by the activities of the United States Armed Forces, they shall promptly undertake remediation and restoration efforts. These efforts shall be conducted in coordination with Turkish authorities to ensure that the affected areas are restored to their original condition as much as possible. Article VII​ Entry and Exit The United States of America may bring into the Republic of Türkiye who are members of the United States Armed Forces subject to the provisions of this Article. The Republic of Türkiye will be notified at regular intervals of numbers and categories of persons entering and departing. The members of the United States Armed Forces entering the Republic of Türkiye will be issued M1 visas relevant to their visa status and ability to move within the Republic of Türkiye Members of the United States Armed Forces shall be exempt from fees, processing, and other aspects of passport and visa laws and regulations of the Republic of Türkiye contingent on relevant actions taken by the United States Government and Combined Forces Command. Upon entry into or departure from the Republic of Türkiye members of the United States Armed Forces shall be in possession of the following documents and must be presented upon the direct request of the appropriate qualified authority of the Republic of Türkiye: personal identity card showing name, date of birth, rank, service number and photograph; and individual travel authorization certifying the status of the individual as a member of the United States Armed Forces. Visiting dependents of members of the United States Armed Forces will be subject to all normal travel restrictions in place between the Parties and will not be eligible for M1 visas. Article VIII​ Dispute Resolution Any dispute arising from or relating to this Agreement shall be resolved, to the extent possible, through diplomatic negotiations between the Republic of Türkiye and the United States of America. The Contracting Parties shall engage in good faith discussions and make every effort to reach a mutually agreeable resolution. If the Contracting Parties are unable to resolve the dispute through diplomatic negotiations within a period of six (6) months from the date one Party notifies the other of the existence of a dispute, either Party may submit the dispute to the International Court of Justice (ICJ) for a final and binding ruling. The ruling of the ICJ shall be final and binding on both Parties. The Parties agree that the ruling shall be self-executing and undertake to comply with and implement the decision of the ICJ without delay. Upon issuance of the ICJ's ruling, the Contracting Parties will take all necessary measures to ensure its full implementation in accordance with their respective legal and administrative procedures. This includes enacting any required legislation or regulations to give effect to the ruling. Pending the resolution of any dispute, the Contracting Parties shall continue to fulfill their obligations under this Agreement, except to the extent that the subject matter of the dispute renders such performance impossible. Article IX​ Indemnification The United States of America shall indemnify and hold harmless the Government of the Republic of Türkiye, its officials, agents, and employees from and against all claims, liabilities, damages, and expenses (including reasonable legal fees and costs of defense) arising out of or in connection with: The activities of the United States Armed Forces, the civilian component, and their dependents in the Republic of Türkiye. Any injury or damage to persons or property caused by the acts or omissions of members of the United States Armed Forces, the civilian component, and their dependents. Article XX​ Entry into Force and Duration of Agreement This agreement shall enter into force immediately upon the signature of the respective authority of the Parties in accordance with its legal procedures. Done in duplicate in both Turkish and English. Both texts shall have equal authenticity. Done in Washington this _ day of _, 200_. For the United States of America Name - Title For the Republic of Türkiye Name - Title