MILITARY GRANT ASSISTANCE: LEGAL REQUIREMENTS

UNCLAS SECTION 01 OF 02 BOGOTA 004931 SIPDIS SENSITIVE E.O. 12958: N/A TAGS: MASS MARR PGOV KTIA CO SUBJECT: MILITARY GRANT ASSISTANCE: LEGAL REQUIREMENTS REF: 04 STATE 154815 ¶1. (U) Post delivered reftel amendment request to the Colombian government last year proposing to amend bilateral military grant assistance agreements. On April 20, the Colombian Foreign Ministry responded, accepting U.S. terms outlined in reftel. Acceptance brings US-Colombian grant assistance into compliance with US law. Embassy faxed the GOC response to the Department (WHA/AND) in late April. ¶2. (U) Begin unofficial translation: Bogota, April 20, 2005 Mr. Ambassador: I have the honor of addressing Your Excellency with the opportunity of referring to the diplomatic note 1703, dated July 21, 2004, related to the amendment request of the Agreement by Exchange of Notes Regarding the Net Proceeds from the sale of Defense Articles Donated by the Government of the United States of America, prepared in Bogota, September 25, 1992, that states: "The Embassy of the United States of America presents its compliments to the Ministry of Foreign Relations of the Republic of Colombia and, referring to and agreement done by exchange of notes on August 10 and September 25, 1992, at Bogota, concerning payment to the United States of net proceeds from the sale of defense articles furnished on a grant basis, proposes that the agreement be amended." The agreement would be amended by replacing "under the military assistance program of" with "on a grant basis from" in the second paragraph. As a result of this amendment, the agreement would read as follows: "The Embassy of the United States of America presents its compliments to the Ministry of Foreign Relations of the Republic of Colombia and has the honor to refer to recent discussions between representatives of the two governments regarding provisions of United States law which prohibit the United States Government from furnishing defense articles on a grant basis to any government unless that government shall have agreed to pay to the United States the net proceeds of sale received by it in disposing of defense articles so furnished. "In accordance with that statutory provision, it is proposed that the Government of Colombia agree that the net proceeds of sale received by the Government of Colombia in disposing of any weapon, weapons system, munition, aircraft, military boat, military vessel, or other defense article, including scrap from any such defense article, received heretofore or hereafter on a grant basis from the United States Government will be paid to the United States Government and shall be available to pay all official costs of the United States including all costs relating to the financing of international educational activities and cultural exchange in which the Government of Colombia participates. 8It is understood that this agreement does not affect any prior agreement by the Government of Colombia to return to the United States Government any defense articles furnished by the United States Government on a grant basis when such articles are no longer needed for the purposes for which they were furnished, without the consent of the United States Government to another disposition. "It is further proposed that the Foreign Ministry's reply stating that the foregoing is acceptable to the Government of Colombia shall, together with this note, constitute an agreement between our governments on this subject, to be effective from the date of the Foreign Ministry's reply. "If this proposal is acceptable to the Government of the Republic of Colombia, the Embassy proposes that this note and the Ministry's affirmative note in reply shall constitute an agreement between the two governments which shall enter into force on the date of the Ministry's reply. "The Embassy of the United States of America avails itself of this opportunity to renew to the Ministry of Foreign Relations of the Republic of Colombia the assurances of its highest consideration." Embassy of the United States of America Bogota, D.C. July 21, 2004 I have the honor to communicate to Your Excellency that the Government of the Republic of Colombia accepts the terms of the foregoing transcribed note and, therefore, it agrees in considering the foregoing note and the ongoing note as an Agreement between the two Governments, which shall enter into force on the date of the present note. I avail of this opportunity to reiterate to Your Excellency the assurances of my highest and distinguished consideration. /s/ Carolina Barco Minister of Foreign Affairs End text. WOOD