Identifier
Created
Classification
Origin
05BRASILIA311
2005-02-03 14:56:00
UNCLASSIFIED//FOR OFFICIAL USE ONLY
Embassy Brasilia
Cable title:  

U.S.-BRAZIL DEFENSE COOPERATION AGREEMENT (DCA),

Tags:  MARR MASS PREL BR ASPA POL MIL 
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This record is a partial extract of the original cable. The full text of the original cable is not available.
UNCLAS SECTION 01 OF 04 BRASILIA 000311 

SIPDIS

SENSITIVE

E.O. 12958: N/A
TAGS: MARR MASS PREL BR ASPA POL MIL
SUBJECT: U.S.-BRAZIL DEFENSE COOPERATION AGREEMENT (DCA),
MINISTRY OF DEFENSE DRAFT DOCUMENT

REF: (A) COHEN-MALHEIRO EMAIL 02/01/2005
(B) 04 BRASILIA 3051
(C) 04 BRASILIA 1291

UNCLAS SECTION 01 OF 04 BRASILIA 000311

SIPDIS

SENSITIVE

E.O. 12958: N/A
TAGS: MARR MASS PREL BR ASPA POL MIL
SUBJECT: U.S.-BRAZIL DEFENSE COOPERATION AGREEMENT (DCA),
MINISTRY OF DEFENSE DRAFT DOCUMENT

REF: (A) COHEN-MALHEIRO EMAIL 02/01/2005
(B) 04 BRASILIA 3051
(C) 04 BRASILIA 1291


1. (SBU) On January 31, Ministry of Defense (MOD) provided
Mission with a draft of a proposed bilateral defense
cooperation accord. According to MOD contacts, Defense
Minister/Vice President Jose Alencar supports the draft
document. Within MOD, enthusiasm for upcoming SecDef visit
is reportedly high, and furtherance of bilateral defense
cooperation is perceived as a cornerstone for the visit.
(Note: Whether to negotiate a DCA to replace the abrogated
1952 Mutual Defense Assistance Treaty had been topic of
discussion with GOB since 2003.) Mission will provide
septel its analysis of the draft DCA; see comment, para 3.


2. (U) Informal Embassy translation from Portuguese of
Ministry of Defense draft DCA:

ACCORD BETWEEN THE GOVERNMENT OF THE FEDERATIVE REPUBLIC OF
BRAZIL AND THE GOVERNMENT OF THE UNITED STATES OF AMERICA
REGARDING COOPERATION IN THE ARENA OF DEFENSE

The Federative Republic of Brazil and the United
States of America (hereafter referred to as the "Parties"
and separately as the "Party"),keeping in mind the common
interest of maintaining peace and security, desiring to
increase the good and cordial relations between the two
countries, convinced that these bonds constitute, in
themselves, a firm guarantee for fruitful cooperation in
the area of defense; considering that this cooperation can
be amplified and deepened in various areas of security and
defense including technology and defense industries;
keeping in mind the diverse activities and exchanges which
have already resulted in military cooperation and aware of
the significant contribution of this cooperation on the new
international political order in which global security
represents a fundamental element; and reaffirming the
intent of promoting and formalizing bilateral relations
between the two, based upon friendship and cooperation
which characterize the relationship between the two
countries; they agree to the following:

ARTICLE 1
Objective

The cooperation between the Parties, ruled by the
principles of equality and reciprocity, with regard to the
respective national legislations and the international

obligations assumed, has the following as objectives:

A.Promoting cooperation between the parties in issues
relating to defense, namely in the areas of research
and development, acquisition of military equipment and
logistical support;

B.Sharing knowledge acquired as it relates to military
equipment, as well as in the fulfillment of
international peacekeeping operations;

C.Sharing knowledge in the areas of science and
technology;

D.Promoting joint training exercises and joint military
education programs, as well as the corresponding
information exchange for such;

E.Collaborating on issues relating to military
equipment; and

F.Cooperating in other areas within the defense arena
which could be mutually beneficial.

ARTICLE 2
Scope of Cooperation

Cooperation between the two parties, in the defense
arena, should be carried out in the following manner:

A.High-level delegation visits from the defense
sector;

B.Personnel and technical meetings;
C.Meetings between equivalent defense institutions;

D.Exchanges of students and instructors from military
institutions;

E.Participation in courses, exchanges, seminars,
debates and symposiums;

mposiums;

F.Foreign Exchange Programs between military units;
G.War ship visits;

H.Cultural and Sporting events; and

I.Development of programs related to applied
technology within the defense industry, with the
possibility of private sector participation, of
strategic interest to the parties.

ARTICLE 3
Financial Responsibilities

Each party will be responsible for their own expenses as
follows:

A.The cost for transportation to and from the entry
point of the host Nation;

B.Personnel related costs, including food and lodging;
and

C.Costs relative to medical treatment, dental
treatment, and transferal or evacuation of their
sick, injured or deceased personnel.

ARTICLE 4
Medical Assistance

Without prejudice to the aforementioned in Article 3
C., the parties should provide medical treatment for
illnesses which occur within their territories during the
progress of activities within the scope of bilateral
programs of cooperation, within the defense arena, in
ena, in
military medical facilities and, if necessary, in other
facilities.

ARTICLE 5
Civil Law Responsibilities


1. One party will not initiate any civil actions against
the other party or member of the Armed Forces of the other
party for damages caused during the process of carrying out
any of the activities which fall within the scope of the
current agreement.


2. In accordance with the national legislation of the
host nation, the parties will compensate any damages caused
to a third party by members of its Armed Forces.


3. If the Armed Forces of both parties were to be
responsible for damages caused to third parties, both will
jointly assume responsibility.

ARTICLE 6
Handling of Classified Materials


1. Protection of defense related classified materials
which may be exchanged between the parties will be
controlled by a supplementary protection agreement for the
reciprocal handling of classified material which will be
agreed upon between the parties in accordance with the
the
guidelines established in Article 7.


2. Until the supplementary agreement mentioned in the
previous paragraph takes effect, all classified defense
information exchanged directly between the parties and
information of common interest obtained by other means, by
either of the parties, will be protected in accordance with
the following principles:

A.The receiving party will not disseminate the
information to third party nations without prior
approval from the issuing party.

B.The receiving party will maintain the same
classification as that which was designated by the
issuing party and will take the necessary handling
measures accordingly.

C.The information will only be used for the end
purpose for which it was given or obtained.


3. The respective responsibilities and obligations of the
parties regarding the security and handling provisions of
classified material will remain in effect, regardless of
the termination of this agreement.

ARTICLE 7
Supplementary Protocol

col


1. With the consent of the parties, supplementary
protocols can be signed in specific areas of cooperation,
in accordance with the terms of this memorandum.


2. Programs with ongoing activities associated with said
supplementary protocols will be elaborated, developed, and
implemented by authorized personnel from the Ministry of
Defense of the Federative Republic of Brazil as well as
from the Department of Defense of the United States of
America.

ARTICLE 8
Implementation of the Accord


1. The parties will create a joint commission called the
Mixed Defense Commission, hereafter referred to as the
"MDC", whose principle function will be to promote, develop
and implement this accord.


2. The MDC will be composed of representatives designated
by the parties and will be governed by a statute of self-
sustention.


3. The MDC will convene alternately between Brazil and
the United States of America on dates predetermined by the
parties, with said meeting being subject to the
the
availability of funding.


4. Joint cooperation activities identified in the
meetings of the MDC will be considered plans of bilateral
cooperation to be implemented by the parties the following
year.

ARTICLE 9
Resolution of Controversies

Any dispute related to the interpretation or
application of this Accord will be resolved via
consultations and negotiations between the parties within
the scope of the MDC and, if necessary, via diplomatic
channels.

ARTICLE 10
Revision

This agreement can be amended or revised with the
consent of the Parties via memorandums exchanged through
diplomatic channels. The amendments will take effect in
accordance with the stipulations outlined in Article 12.

ARTICLE 11
Validity and Termination
1.This agreement will remain in effect until one of the
parties decides, at any moment, to terminate it.

2.Termination should be notified to the other Party
either via an official letter or diplomatic channels, which
will then take effect 90 days after the receipt of the
the
respective notification.

3.Termination will not affect current, concrete programs
and activities taking place which are protected by the
current Accord, unless the Parties decide otherwise.

ARTICLE 12
Ratification

The present Accord will take effect on the 30th day
after the date of receipt of final notification, both via
written and diplomatic channels, that all of the internal
legal requisites of both parties, necessary to put the
present into effect, were concluded.

This agreement is published in both the languages of
Portuguese and English, ensuring the text of each is
equally authentic.

Agreed to in Brasilia, theof

2005.


3. (SBU) Comment: This MOD draft is the best opportunity in
a quarter century to achieve a negotiated mil-mil umbrella
agreement with Brazil, following its abrogation of the 1952
Mutual Defense Assistance Treaty. Although not a perfect
document, in our view it is an excellent start. Moreover,
the Ministry believes such a document, without too much
too much
alteration, has a very good chance of getting congressional
approval.

Danilovich