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Cablegate: Clarifying Status of Non-U.S. Personnel in Kuwait

This record is a partial extract of the original cable. The full text of the original cable is not available.



E.O. 12958: N/A

1. Summary and Action Request. Embassy has learned that
some DOD contract personnel working in Kuwait believe that
their close support of DOD activities here entitles them to
the same criminal/liability protections enjoyed by U.S.
military and DOD civilians. This may very well not be the
case. Embassy requests Department coordination with
appropriate agencies to ensure contractors are apprised of
the need to review thoroughly their legal responsibilities
while working in Kuwait. End of Summary and Action Request.

2. Should they become involved in traffic accidents or
matters of a criminal nature in Kuwait, U.S. Military, DOD
Civilian and other direct-hire USG Civilian personnel (U.S.
Personnel) have liability and criminal responsibility
coverage provided by USG including USG/GOK agreements such
as the Defense Cooperation Agreement (DCA). However, non-
direct hire and other foreign nationals working in Kuwait
under contract to USG may not. We encourage non-U.S.
Personnel, including U.S. contractors, to promptly register
with Kuwaiti authorities and secure adequate private
insurance and liability coverage in Kuwait.

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3. Colonel Adeeb M. Al-Suwaidan, Manager, Department of
Ports, Kuwait Immigration Department, Ministry of the
Interior, met with U.S. Army ARCENT-KU Host Nation Officers
and Econoff on January 5. Colonel Suwaidan's office is
responsible for immigration issues at all Kuwaiti airports,
seaports and land crossing points.

4. According to Colonel Suwaidan, any vehicle accident
claims against foreigners working for the U.S. Forces that
are sent to the Kuwaiti Government, are forwarded to the
ARCENT-KU Host Nation Liaison at Camp Doha.

5. There, according to ARCENT-KU Host Nation Officer, U.S.
Personnel involved in vehicular accidents receive a
translation of their sworn accident report and a letter from
ARCENT-KU stating the individual's immunity in accordance
with the DCA. U.S. Personnel also receive a supporting
cover letter from the Kuwait Ministry of the Interior. These
reports are filed with the local Kuwait police station.
Follow-on legal issues are settled on the individual's
behalf bilaterally by the two governments.

6. For all others working in support of, or under contract
to the U.S. Military (including U.S. contractors), ARCENT-KU
provides only a translation of the accident report. Any
claims directed against contractor personnel are submitted
to and are the responsibility of their own sponsor in
Kuwait, not the USG or GOK.

7. Comment. We have received reports that some personnel
working under contract to USG entities in Kuwait may labor
under a possible misperception that their contract with the
USG, de facto, makes them "members of the command" and
thereby entitled to treatment as if indeed, de jure, they
were actual U.S. Personnel. This may well not be the case,
according to OMC-K SJA. In order to avoid potentially
serious civil and possibly criminal penalties, all
contractors should ensure that they properly register with
the GOK and obtain adequate local insurance/liability
coverage. End Comment.

8. Baghdad minimize considered.


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