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