Since the re-opening of the Office of Security Cooperation (OSC) in Ecuador in 2018, bilateral cooperation has been increasing at an exponential rate. In 2023, Ecuador was preparing to host Exercise Resolute Sentinel 2023, which would have been the largest bilateral military exercise conducted in Ecuadorian territory. An estimated 1,000 U.S. personnel from all branches of service were expected to participate. However, as planning progressed, one of the biggest outstanding questions was how to get that amount of U.S. military personnel and associated equipment into Ecuador. During that time, all military personnel entering Ecuador required official passports and visas, a process that could take up to four months, and customs processes typically took at least one month to bring equipment into country. Compounding this issue was that many of the personnel participating in the exercise were reservists, so they would have to be activated and given travel orders before they could even begin this process. The Embassy Country Team worked many avenues to pursue solutions to expedite passport and visa processing, but it ultimately came down to a multilateral bandwidth issue among all the stakeholders, essentially resulting in an unsupportable work stoppage for all matters not related to the exercise. This would have created a significant burden for the entire enterprise both on the U.S. and Ecuadorian side.
Additionally, if all the equipment and personnel were able to enter Ecuador, U.S. personnel operating in Ecuador did not have any status protections. If any incident were to happen, it would require significant diplomatic engagement to resolve. With up to 1,000 U.S. military personnel potentially coming into the country, this was a significant risk for the Country Team and Combatant Command to assume. This combined with stove-piped Ecuadorian government bureaucracy and political liability for governmental leadership ultimately led to the exercise being moved to another country to salvage precious exercise funding. The Ecuadorian military was disappointed as this would have been a training opportunity rarely seen in their country. While some pieces of the exercise were able to be conducted in Ecuador, it did not have the same impact as the full exercise. In the aftermath of this decision and given the still increasing demand for U.S. security cooperation, the U.S. Country Team decided to reenergize efforts to pursue a Status of Forces Agreement (SOFA) in Ecuador. It was known that the path to getting a SOFA would be difficult based on previous efforts, but the political and security environment was advantageous to concluding this type of bilateral agreement.
The ratification of a SOFA has been a long and complex process. Ecuador’s expedited SOFA ratification within one year of initial negotiations provides a case study of effective interagency collaboration. In 2022, the Ambassador recognized the political aperture for enhanced bilateral security cooperation and made a push to State, U.S. Southern Command (SOUTHCOM), and the Office of the Secretary of Defense to begin negotiations with Ecuador on the SOFA. Mission Ecuador then leveraged the visit of the SOUTHCOM Commander in September 2022 to obtain a verbal commitment from then-President Lasso. This paved the way for full Ministry of Foreign Affairs (MFA) engagement on the issue. The political section and the OSC within the U.S. Embassy worked closely together to set up negotiation sessions between an interagency team led by State, the MFA, and the Ecuadorian defense ministry officials. When Ecuadorian defense officials initially balked at the SOFA’s lack of reciprocity, Mission Ecuador successfully used the first-ever bilateral defense talks to obtain a public commitment from the defense minister that overrode his staff’s objections. At the defense talks, the Ambassador and the MFA treaty negotiator took turns providing an eloquent overview of the security context that required increased security cooperation enabled by the SOFA. This helped prove that the strategy painstakingly put into place through close interagency collaboration was working to make the SOFA a reality. These efforts culminated in the signing of the SOFA in October 2023 and its eventual ratification in 2024.
The ratification of the SOFA streamlines cooperation via the Ecuador Security Sector Assistance Roadmap (ESSAR), a bilateral planning framework which outlines the U.S. and Ecuador’s shared security priorities and presents capability development objectives to address regional security challenges. The objectives are grouped into five joint capability areas and are supported by a variety of security cooperation activities. For these activities to be effective, increased interaction between U.S. and Ecuadorian military personnel was necessary. The SOFA enhances the ability to conduct these activities by establishing the legal framework governing U.S. personnel and their activities in country, including criminal and civil jurisdiction, licensing and tax obligations, and customs regulations. As agreed, the SOFA provides legal protections for U.S. personnel equal to the privileges, exemptions, and immunities afforded to the administrative and technical staff of a diplomatic mission under the Vienna Convention on Diplomatic Relations of April 18, 1961. These protections will facilitate military cooperation and operations between the U.S. and Ecuador by establishing procedures for customs clearance, country access, and other forms of logistical support necessary to execute ESSAR-related activities.
While having a SOFA can increase collaboration to meet ESSAR objectives it also comes with political and diplomatic considerations that require careful management by both participating countries. The increased presence of U.S. military forces in Ecuadorian territory may provoke public opposition among some segments of the population who argue that the SOFA grants unprecedented privileges and immunities to foreign military personnel, which undermine Ecuador’s legal jurisdiction and sovereignty. However, given the current economic and security situation in Ecuador, these risks are outweighed by the benefits the U.S. security cooperation brings. As the in-country representatives of the military Combatant Command, the OSC retains the responsibility to ensure the SOFA preserves positive diplomatic relations through the strengthening of security cooperation and interoperability between the U.S. and Ecuador. As captured in the ESSAR, the SOFA should contribute to tangible benefits for the security and stability of Ecuador. The threats faced every day by the citizens of Ecuador require strong defense and security capabilities to confront an ever-changing environment that includes counterterrorism efforts, countering illicit trafficking, detecting illegal unreported and unregulated fishing (IUUF), and cyber defense. The SOFA will facilitate U.S. support through the provision of joint exercises, training and equipping programs, combined military operations, and other security cooperation activities.
From a public relations perspective, U.S. officials are capitalizing on opportunities to highlight the SOFA with a strategic public messaging campaign that addresses the public’s concerns, highlights mutual benefits, and underscores accountability and respect for Ecuador’s sovereignty:
- Emphasize the accountability mechanisms built into the SOFA to hold U.S. personnel accountable for their actions and assure the population that transgressions will be addressed transparently and in accordance with the agreement.
- Highlight the economic benefits of the SOFA, such as job creation, infrastructure development, and the increased economic activity associated with hosting U.S. personnel by underlining concrete example (Humanitarian Assistance/Equipment donations)
- Encourage open dialogue between community leaders to stress the importance of the partnership to address shared security challenges and shape Ecuador’s future security.
- Reiterate the commitment of the U.S. to respect the sovereignty of Ecuador and that the SOFA does not threaten but enhances Ecuador’s ability to enforce its sovereignty.
In summary, the symbiotic relationship of the SOFA and ESSAR set the pathway to achieving strategic objectives by providing the vital legal protections needed by U.S. personnel involved in the planning and execution of operations, activities, and investments. It also enhances Ecuador’s sovereignty and brings tangible benefits to the Ecuadorian economy through increased U.S. military spending associated with ESSAR-related activities, while building a more capable force. The SOFA and ESSAR established transparent mechanisms for cooperation and represents a mutual commitment between the United States and Ecuador to strengthen security cooperation, support regional stability, and promote the rule of law to build a safer more prosperous future for all.