Department of Defense Orientation Visit
by Laos Vice Foreign Minister Phongsavath
23-30 Aug 00

8 Sep 2000
In reply refer to:
I-00/010660

MEMORANDUM FOR UNDER SECRETARY OF DEFENSE FOR POLICY

THROUGH: ASSISTANT SECRETARY OF DEFENSE (INTERNATIONAL SECURITY AFFAIRS)

FROM: DEPUTY ASSISTANT SECRETARY OF DEFENSE (POW/Missing Personnel Affairs)

SUBJECT: Department of Defense Orientation Visit by Laos Vice Foreign Minister Phongsavath Boupha - INFORMATION MEMORANDUM

PURPOSE: DASD Robert Jones hosted H.E. Phongsavath Boupha, Vice Minister of Foreign Affairs, Lao People's Democratic Republic, during an orientation of the U.S. Government's (USG) POW/MIA accounting efforts in Washington, D.C. and Honolulu, Hawaii, from August 23-30, 2000. The goal of the visit was to stress the importance the U.S. accounting efforts for missing Americans and discuss ways to improve remains recovery operations in Laos.

DISCUSSION: Remains recovery operations in Southeast Asia are conducted in Cambodia, Laos and Vietnam. Though overall recovery operations have been successful, operations in Laos continue to be slow and tedious. The USG has identified initiatives to improve the effectiveness and efficiency of operations in Laos through changes in the current standard operating procedures and agreements. The objective of the USG is to increase the pace of operations and improve accounting for missing Americans in Laos. During his orientation visit, VFM Phongsavath was introduced to USG issues on recovery operations and several proposed changes to current operating procedures aimed at improving the pace of operations and ensuring the safety of U.S. personnel. The USG objective was to gain senior Lao official support on issues that are to be raised at an Operational Assessment meeting between US-Lao officials in September 2000. These issues include:


a. Raising the limit of 40 U.S. personnel per Joint Field Activity (JFA). The government of Laos has placed a cap of 40 persons on the number of U.S. personnel that may be assigned to a JFA. During each JFA, personnel are divided into ten member teams. Each team conducts an excavation of a loss site or investigates cases of missing Americans. The number of teams conducting recovery operations has a direct impact on the pace of operations in Laos. The USG proposes to raise the Lao cap on U.S. personnel to 50. A 10 personnel increase equates to five teams versus four. VFM Phongsavath indicated a willingness to increase the cap to 45-47 personnel. It was agreed upon that further discussions on this issue would occur at the operations assessment meeting. During the operations assessment meeting, Lao officials agreed to increase the cap to 45, but indicated that the U.S. may request an additional five personnel per JFA for consideration at the biannual U.S.-Laos Consultative Talks in November.

b. Flexibility to extend the length of a JFA. JFAs are currently scheduled for 30 days. In many cases due to weather, terrain or the difficulty of the operation, a team is unable to complete their excavation in the allotted time. An additional 5-10 days will often permit the excavation to be completed. When an excavation can not be completed, the site must be reopened during a future JFA, resulting in lost work and, possibly, lost artifacts and remains. DASD Jones obtained the VFM's agreement for the continuation of recovery operations on a case-by-case basis beyond the 30-day JFA limit, when the circumstances suggest doing so will permit the excavation to be completed. During discussions at the operations assessment meeting, Lao officials indicated that the 30-day JFA limitation would pertain to work days only. If workdays were lost due to poor weather conditions, those days would not be counted against the 30-day limitation. Lao officials continued by stating that the JFA team leader may make a request to the Lao team chief for a JFA extension if additional days will enable the site to be closed in the field. The Lao team chief can then request final approval from H.E. Ambassador Done Somvorachit, Department of Europe and Americas, Lao Ministry of Foreign Affairs. Negotiations on this issue will continue.

c. Flexibility to deviate from the north-to-south work plan. In 1994, an agreement between the U.S. and Laos on remains recovery operations in Laos specified that sites would be investigated and excavated in north to south order. Analytical work in Washington or Hawaii frequently reveals a need to return to previously visited sites for the purposes of further investigation or recovery work. This has been requested when necessary on a case-by-case basis and the Lao have usually agreed to the U.S. request. During the VFM's visit to Washington, D.C., DASD Jones obtained Lao agreement to continue exceptions on a case-by-case basis.

d. Approval for direct emergency MEDEVAC flights to Thailand. JFA teams operate in a very dangerous environment. Personnel are exposed to the risks of poisonous snakes, hazardous terrain, tropical diseases and unexploded ordnance. JFA teams deploy with military emergency medical personnel, but do not have the facilities or doctors to treat life-threatening injuries. In this regard, Thailand is the desired location for medical treatment due to the lack of modern medical facilities in Laos. The USG has asked Laos to approve flight clearance for emergency medical evacuation (MEDEVAC) flights direct from the mishap to a medical facility in Thailand. In discussions with DASD Jones, the VFM agreed to have flights depart directly to Thailand, if the U.S. is able to secure a written agreement from the government of Thailand. DPMO is coordinating with the inter-agency working group to assist the JTF-FA in gaining an agreement from the Thai government for direct cross border MEDEVAC flights.

e. Encouragement for continued unilateral efforts by Laos. Over 400 personnel remain unaccounted for from the Vietnam War in Laos. Though the USG has a great number of possible loss sites for excavation in Laos, the loss sites of many missing Americans remain unknown. Both the U.S. and Laos conduct investigations to determine possible loss sites for recovery operations. DASD Jones stressed to VFM Phongsavath the importance of unilateral efforts by Laos in searching for leads to account for missing Americans. Unilateral efforts include interviewing witnesses and researching archives for documents that may contain information on missing Americans.

f. U.S. government sponsored meeting with Lao provincial officials. In May 1999, a National League of Families delegation conducted discussions with the government of Laos to discuss POW/MIA issues. During discussions with Deputy Prime Minister Somsavat Lengsavad, the League of Families broached the concept of an U.S. sponsored meeting between local/provincial Lao officials and U.S. government officials. The purpose of the meeting would be for local officials to gain insight on the recovery effort and to lay out their concerns and ideas for recovery operations. It was the League of Families' belief that such a meeting would be beneficial to improving the pace of operations in Laos. During subsequent meetings in July/December 1999 and August 2000 between DASD Jones and Lao officials, including VFM Phongsavath Boupha, H.E. Ambassador Vang Rattanavong, and H.E. Ambassador Done Somvorachit, Lao officials indicated no desire or opinion that such a meeting would be fruitful. During the operations assessment meeting in September 2000, Ambassador Done discussed the provincial meeting issue, but observed that now was not the time for such a meeting.


Defense POW/Missing Personnel Office (DPMO) Orientation. DASD Robert Jones hosted VFM Phongsavath Boupha, H.E. Ambassador Vang Rattanavong, Lao Ambassador to the U.S. and Mr. Phoxay Khaikhamphithoune, Assistant Director of the Americas Department of the Lao Ministry of Foreign Affairs, at DPMO for an orientation on DPMO's worldwide mission. DASD Jones opened his discussions reaffirming that the USG commitment to the accounting issue would continue to be a core issue in the U.S.-Lao relationship. DASD Jones emphasized that accounting for missing Americans was a stand alone humanitarian issue separate from all other bilateral issues. DASD Jones acknowledged the USG's appreciation for Laos' cooperation in our accounting efforts, but stressed that there was still a lot of work to do. He continued by reviewing the five USG issues listed in paragraph 2 for improving the pace of operations in Laos.

The VFM indicated a willingness to consider the USG issues for the upcoming operations assessment meeting in Hawaii. The VFM stated that his government would consider raising the limitation on JFA personnel strength (40-man cap) and extending JFA periods by 5-7 days on a case by case basis if it will enable the site to be closed. He also promised the Lao would continue allowing deviation to the north to south excavation plan on a case-by-case basis. The VFM also assured the DASD that Laos would continue it's unilateral investigation efforts through witness interviews and would conduct additional archival research to search for leads on missing Americans. The VFM also agreed to investigate ways to improve the process for bringing Vietnamese witnesses to Laos to locate loss sites under the Trilateral Investigation Program between the U.S., Vietnam and Laos. In addition to addressing USG issues, the VFM stated that the USG must consider the means for reimbursing Laos for environmental damage and the removal of unexploded ordnance from the Vietnam War. DASD Jones assured the VFM that the USG had policies and procedures in place to address these issues and that they would be addressed at the operational assessment meeting.

National Archives Orientation. The VFM and delegation conducted an orientation of the U.S. National Archives, including an office call with Governor Carlin, Chief Archivist of the United States. During the office call, Gov. Carlin stressed the importance that governments maintain comprehensive archives and make them easily available to ordinary citizens. His comments were followed up by a tour of the facilities during which the delegation was shown the reading room, the military archives storage room, and a representative sample of documents from the Vietnam War era including maps and a U.S. estimate on the order of battle of the Pathet Lao.

Office Call with Assistant Secretary of Defense, International Security Affairs (ASD/ISA). VFM Phongsavath and his delegation called upon ASD Franklin Kramer to discuss U.S.-Lao relations concerning the POW/MIA issues. Also in attendance were DASD (POW/MIA) Robert Jones, DASD (East Asia Pacific) Fred Smith, and Ms. Marie Damour (DoS Laos Desk Officer). ASD Kramer discussed how important improvements in the pace of recovery operations were to U.S. accounting efforts and bringing closure to the Vietnam War. Mr. Kramer stressed the issues discussed in paragraph two and reiterated that the Lao need to show bilateral cooperation at the upcoming operations assessment meeting in Hawaii. He also discussed the significance of overcoming the issue of the missing Hmong-Americans in improving U.S.-Lao relations. The VFM indicated that his government would consider the issues prior to the operations assessment meeting. In addition to the USG core issues of POW/MIA accounting, the VFM again indicated that the USG had a responsibility for removing unexploded ordnance (UXO and increasing humanitarian efforts in Laos. The VFM stressed that the USG should increase its contribution to the Lao National Unexploded Ordnance Program (UXO LAO). UXO LAO is a humanitarian organization that receives its funding through multinational sources and is responsible for the demining/removal of ordnance in Laos. ASD/ISA assured the VFM that these issues would be investigated and that he could be assured the U.S. would continue to provide humanitarian assistance to nations in need.

Reception with Family/Veteran group leaders. The VFM and his delegation met with DoD/DoS representatives and family/veteran organization leaders at a reception, which DASD Jones hosted in Washington D.C. This informal event provided an opportunity for non-governmental organizations (NGO) to reinforce the commitment of the American people to accounting for missing Americans and stress that the families of missing Americans from the Vietnam War have been waiting a long time for closure. NGO leaders informed the VFM that the families were grateful for Lao cooperation in our accounting efforts, but still required Lao government assistance in gaining access to loss sites and witnesses.

Armed Forces DNA Identification Laboratory (AFDIL) Orientation. VFM Phongsavath received briefings on the latest scientific techniques for determining the identity of recovered remains from excavations in Southeast Asia by the scientific staff of AFDIL. AFDIL presented the Lao delegation a command brief, described the role and significance of DNA in determining identity and provided a tour of the DNA laboratory in Rockville, Maryland. AFDIL stressed to the VFM the importance of conducting a scientific recovery of remains to ensure the integrity of the remains integrity and prevent any possibility of contamination.

Office Call with DoS DAS (Asia/Pacific) Skip Boyce. DAS Boyce informed the VFM that Laos' cooperation in U.S. POW/MIA accounting efforts was the most important issue in U.S.-Lao bilateral relations, but stressed the U.S.-Lao impasse on the missing Hmong-Americans was the biggest obstacle to normal bilateral relations and the initiation of new programs in Laos. The VFM agreed that the POW/MIA issue was a positive aspect of the two nation's bilateral relations and hoped the two governments could overcome the impasse on the missing Hmong-Americans. DAS Boyce also discussed non-POW/MIA related issues including religious freedom, travel of U.S. embassy personnel in Laos and the recent rise in insurgency.

Office calls at U.S. Pacific Command (PACOM). During the his visit at PACOM, the VFM received a command briefing on U.S. PACOM activities in the Asia-Pacific region, and met with Amb Twining, PACOM Foreign Policy Advisor and Admiral Blair, CINCPAC. During his meetings at PACOM, CINCPAC expressed his appreciation for Laos' cooperation in our accounting efforts. CINCPAC stressed the need to increase the pace of recovery operations and that he was hopeful both nations would agree to the issues to be addressed at the operations assessment meeting in September. The VFM thanked CINCPAC for his hospitality in Hawaii and agreed to seriously consider all the issues during the operations assessment meeting.

Joint Task Force-Full Accounting (JTF-FA). JTF-FA presented their command briefing and discussed the initiatives designed to improve the pace of investigative and recovery operations in Laos. These initiatives included the issues listed in paragraph two. In addition, JTF-FA operations staff presented a summary of recovery operations that have been conducted throughout Southeast Asia and the remaining work to be completed. The VFM expressed interest in the actual numbers of recoveries accomplished and remaining for Laos, stating that it was important to know where we were in the process of achieving the fullest-possible accounting. The VFM informed JTF-FA that his government would consider all the proposals and discuss them at the upcoming operational assessment meeting in September.

The VFM continued his remarks by offering an alternative for emergency medical care for injured personnel. In lieu of direct MEDEVAC flights to Thailand, the VFM suggested to JTF-FA that rather than seek direct flights to Thailand, the U.S. might consider assisting the Lao in building and equipping a modern medical facility in Laos. He believed that this would be beneficial to both parties. Namely the hospital would be a humanitarian assistance to the Lao people and provide medical care for injured U.S. recovery team personnel. The VFM believed that Lao medical personnel were competent to treat any medical emergency, but lacked the required modern medical equipment for emergency care.

Central Identification Lab, Hawaii (CILHI) orientation. The VFM was given an orientation of the U.S. identification laboratory. CILHI presented a command briefing focusing on the importance of maintaining the credibility and integrity of the recovery and identification process. CILHI explained why each recovery operation must use proven anthropologic and forensic processes in order to maintain the trust of the families. The CILHI commander continued by describing in detail the composition of the teams that participate in JFAs and why each position is important. The goal of the briefing was to stress that each recovery team member was a specialized technician that was important to a safe and successful recovery and that any increase in personnel must be in increments of ten or individual recovery teams. During past discussions, the Lao government has indicated it may be willing to increase the JFA personnel strength by 5 persons to a total of 45. The strategy of the CILHI briefings was to demonstrate to the Lao that if the number of personnel on a JFA were to be raised, it must be in increments of 10.

Assessment. Throughout his visit, VFM Phongsavath was assured that the USG commitment to accounting for missing Americans would continue in the future and that both nations must agree upon initiatives to improve the pace of recovery operations in Laos. USG proposals for improving operations were presented and stressed by all USG officials, thereby, laying the foundation for the upcoming operations assessment meeting to discuss operation initiatives. The VFM assured U.S. officials that the Lao government would give serious attention to these issues during the operations assessment meeting in September. In addition to stressing USG concerns, the VFM was afforded the opportunity to receive an orientation on the U.S. efforts to achieve the fullest possible accounting of missing Americans. Throughout the trip, the VFM was reminded that Lao cooperation in the U.S. POW/MIA accounting efforts is the most successful area of bilateral relations with the U.S.