SOFA talks with US back on backburner

Malta and the United States “mutually agreed” to drop discussions on privileged status for American soldiers following a public uproar, a senior government source said.

“There are no discussions underway. Both sides agreed that after the uproar caused by media reports it was best to drop the discussions,” the source told MaltaToday.

The Labour administration received flak after media reports suggested that ministers had approved a SOFA agreement under pressure to curry America’s support on the Moneyval test.

MaltaToday first reported in July that Malta had edged closer to a deal on the Status of Forces Agreement with the United States, and in September, revealed confidential

Prime Minister Robert Abela denied the link between SOFA and Moneyval but never confirmed that Cabinet had actually agreed on a proposal.

“There was mutual agreement with the US to put SOFA on the backburner as it has been for all these years and concentrate on bilateral relations, which remain very good,” the source said.

Former prime minister Alfred Sant and former president and Labour heavyweight Marie-Louise Coleiro Preca both came out against a SOFA.

The US has for two decades sought a Status of Forces Agreement with Malta to outline the privileges and status of military personnel while in Malta. Intermittent discussions between the US and various administrations never led to closure.

Talks picked up again over the summer months with Malta reportedly having put forward its proposals that included reservations on criminal jurisdiction of American military personnel.

But uproar ensued when various media reports quoting multiple sources close to government indicated a link between SOFA talks and American support for Malta’s bid to pass the Moneyval test.

The US carries clout on the Financial Action Task Force, the international umbrella organisation that includes Moneyval.

NATO PfP SOFA

The source said the talks that were taking place concerned a SOFA agreement under the NATO Partnership for Peace framework, which would have covered all participating countries. Malta joined the PfP programme in 2008.

“Malta was proposing reservations over criminal jurisdiction. Ironically, Malta adopted a status of forces agreement when it joined the EU and no reservations were included back then. This means that an Italian, French or Dutch frigate can come to Malta and the military personnel on board will benefit from special status. Through a NATO PfP SOFA the special status would have been extended to other countries such as the US and Turkey,” the source said.

Upon accession to the EU in 2004, Malta had to adopt the EU SOFA, which lays down details on how military and civilian staff under military command should be treated by the respective member states.

It also covers issues of criminal jurisdiction, tax benefits, the carriage of arms and settlement of disputes. Malta made no declarations or reservations to the EU SOFA arrangement.

US Defence Secretary Mark Esper was in Malta on 30 September for high-level talks with Abela that also included SOFA on the agenda.

But in the wake of the anti-American sentiment provoked by revelations of the secret talks, SOFA has now been shelved and a visit to Castille by the American Chargé d’Affaires Wendy Green last week was played down by our source.

“The visit was part of regular visits that diplomats have with the Office of the Prime Minister to discuss matters of mutual interest and had nothing to do with SOFA,” MaltaToday was told.

China and Russia concerns

In an opinion piece appearing today, Green lifts the lid on issues the US Defence Secretary raised with government during his Malta visit (MT2, page 13).

She does not talk about SOFA but speaks of American concerns about Chinese and Russian attempts to increase their influence in the region, including in Malta.

Green says the US is concerned about “China’s debt trap diplomacy, opaque financing practices, poor governance, and disregard for internationally-accepted norms and standards”, issues that are of significance for Malta given China’s strong presence in the country’s energy sector.