US embassy cables | Gonzi ‘ready to move forward’ on NATO status of forces agreement

Washington asked the US embassy to put out feelers with Maltese leaders on the establishment of a NATO-led Partnership for Peace Status Of Forces Agreement (SOFA).

In a request for information via diplomatic cable, released by Wikileaks, Washington analysts were “very interested” in the views of Maltese leaders on a possible status of forces agreement, along with biographical information on President George Abela, Prime Minister Lawence Gonzi, Opposition leader Joseph Muscat, foreign minister Tonio Borg, European Commissinoer John Dalli, and also Gonzi’s personal assistant Edgar Galea Curmi.

“Who are they close to personally and professionally? What important alliances, business or political, should analysts be aware of involving these individuals?”

On 2 February 2010, Foreign Minister Tonio Borg told US ambassador Douglas Kmiec that Prime Minister Lawrence Gonzi was “prepared to go forward” on a NATO-sponsored, Partnership for Peace Status OF Forces Agreement to establish a military presence in Malta.

Speaking outside of the presence of note takers, indicating the secretiveness of the request, Borg indicated that Gonzi was ready to go ahead on the SOFA when Borg and Kmiec agree on terms.

A status of forces agreement (SOFA) is an agreement between a host country and a foreign nation that can include stationing forces in that country, but that also establishes the rights and privileges of U.S. personnel present in a country in support of the larger security arrangement.

There are currently 24 countries, non-members of NATO, subject to the NATO SOFA through their participation in the NATO Partnership for Peace (PfP) program.

However, in another cable dated 27 January 2010, Gonzi's assistant Edgar Galea-Curmi told Kmiec that Borg "had been the primary opponent and chief skeptic of signing a SOFA (on political grounds)" but later dropped his opposition and agreed Malta should go for the SOFA "in some form of another".

Kmiec replied to Galea-Curmi saying that this was an opportunity, "politically that Malta was in charge of the SOFA process and not doing the US's bidding."

Borg was later asked to execute the NATO/PfP SOFA even though he recognised that Malta had “concerns pertaining to sovereign jurisdiction and some national laws (e.g., relating to the wearing of uniforms, carrying of weapons, etc.), which are contrary to PfP SOFA provisions.”

Kmiec even urged Borg “not to make any gratuitous reservation or modification” to the standard document if at all possible.

Borg was reported to have replied that he expected the Opposition to “stir up anger and suspicion among the public” through the PfP label, to which Kmiec said that other neutral nations such as Switzerland and Sweden, had executed a version of the PfP SOFA, as had Russia.

So sensitive was Borg to the use of the word SOFA, that he told Kmiec he wished the acronym SOFA to “be kept out as much as possible of the public discussion.”

In a revealing cable, the OPM's head of defence Vanessa Frazier suggested that the best course would be to execute the SOFA incrementally by means of diplomatic notes, and indicated she would contact the Embassy with a proposal. Kmiec noted in this cable that the dip note could be a "useful interim step for Malta" by reacquainting Malta with the "value - economic and associational - of ship visits" and also compatiable with NATO Admiral Stavridis's request to grant SOFA waivers for 5 or 6 ship visits.

Kmiec and neutrality

The US Ambassador had already treaded on delicate political ground when he asked whether Malta's neutrality meant the country was also neutral to peace efforts around the world.

On 31 January, 2010 he told MaltaToday he wasn't going out of his remit by provoking a discussion on Malta’s constitutional neutrality. “I do not think so. Sincerely, I wanted to get the best understanding of neutrality.”

“Neutrality surely touches on the work of an ambassador in so far as it has an effect on diplomatic and external relations. But it is obviously not up to the American ambassador (or any ambassador, Amercian or otherwise), to tell you what your Constitution means or should mean.”

2007 SOFA request

The SOFA request was also raised informally by US ambassador Anthony Goia with Michael Frendo.

In 2007, foreign minister Michael Frendo ruled out any discussions for the Malta Shipyards to be designated for Home Port Status to the United States government, following an informal request made by the American embassy.
He was answering a parliamentary question by shadow minister Leo Brincat, who asked at what stage the proposal was.

Frendo said no formal application had been made for the status. “When this issue was raised informally, it was signalled that home port status can only be awarded when there is a Status Of Forces Agreement. It is not expected that such an agreement will be discussed.”