EXBS: UPDATE ON NP COOPERATION AND ASSISTANCE

UNCLAS ANKARA 004779 SIPDIS E.O. 12958: N/A TAGS: ETTC KSTC PARM PREL TU US SUBJECT: EXBS: UPDATE ON NP COOPERATION AND ASSISTANCE AGREEMENT REF: STATE 156979 ¶1. This is an action request- see para 4. ¶2. We discussed the latest U.S. draft EXBS agreement (reftel) with MFA DDG for Disarmament Haluk Ilicak on August 13, 2004. Ilicak stated that the Turkish government could probably accept the proposed U.S. changes in the preamble and articles 3 and 7. However, the proposed addition of part (c) to article 5 could not be accepted. The proposed wording that would continue in effect a section of an agreement which had been terminated would be against Turkish law. Ilicak floated a few ideas, that he thought might meet the U.S. need for third party assurances while also being acceptable under Turkish law, such as extending the duration of the agreement. None would provide the perpetual guarantee of the draft. ¶3. Comment: Ilicak insists that any clause with a validity extending beyond the life of the agreement is contrary to Turkish law. This would appear at odds with Turkey's ability to provide third country transfer assurances for U.S. origin military equipment. In those cases, the assurances are contained in a Letter of Offer and Acceptance (LOA) on the individual system in question. We could take the same tack, putting retransfer language in each implementing agreement under the EXBS agreement umbrella. Unlike the umbrella agreement, implementing agreements do not require parliamentary approval, giving officials more latitude on language. Alternatively, we could try approaching the Turks with new language for article 5 (c) that would conform more closely to the language on retransfer in LOA's. Proposed language along these lines is in para 5. End comment. ¶4. Action request: We request authority to share the language in para 5 with the GOT. If this is still unacceptable to the Turks, we request the authority to drop article 5 (c) while informing the GOT that retransfer will need to be addressed in each implementing agreement. ¶5. Begin proposed text: (c) Turkey will not transfer title to, or possession of , the articles, components and associated support materiel, related training or other services (including plans, specifications, or information),or technology furnished under this agreement to anyone who is not an officer, employee, or agent of the GOT, and shall not use or permit their use for purposes other than those authorized, unless the written consent of the USG has first been obtained. Turkey will ensure , by all means available to it, respect for proprietary rights in any items and any plans, specifications, or information furnished, whether patented or not. This limitation on transfer of title and possession of articles, components and associated support materiel, related training or other services (including plans, specifications, or information),or technology shall remain in effect for the serviceable life of all equipment, commodities, supplies and technology. When the end of serviceability is reached or Turkey determines that it is no longer in need of this equipment, commodity, supply or technology, Turkey will coordinate with the United States, in writing, the disposal or transfer of such equipment, commodity or technology. End Text. EDELMAN