TURKEY SUBMITS DRAFT MOU FOR CFE TREATY TANK

C O N F I D E N T I A L ANKARA 006155

SIPDIS

SIPDIS

E.O. 12958: DECL: 10/20/2016
TAGS: NATO KCFE MARR PARM PREL TU
SUBJECT: TURKEY SUBMITS DRAFT MOU FOR CFE TREATY TANK
ENTITLEMENT TRANSFER

REF: A. SEPTEMBER 29 AND OCTOBER 10

SIEBENTRITT/LAURENDEAU EMAILS

B. ANKARA 5019

C. ANKARA 1043

D. STATE 27201

Classified By: CDA Nancy McEldowney, reasons 1.4 (b) and (d).


1. During an October 20 meeting on other subjects, MFA Arms
Control and Disarmament Department Head Ahmet Muhtar Gun
passed to us a draft bilateral MOU for the transfer of 63 CFE
Treaty tank entitlements which Turkey has offered in response
to our flank entitlement request (refs b-d). Per ref a, the
draft MOU does not take into consideration a possible
contribution of any other category of equipment.


2. BEGIN TEXT OF DRAFT CFE TANK ENTITLEMENT TRANSFER MOU:

MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE GOVERNMENTS OF
THE REPUBLIC OF TURKEY AND THE UNITED STATES OF AMERICA ON
THE TRANSFER OF THE CFE TREATY FLANK ENTITLEMENTS

- The United States of America has requested the Republic of
Turkey to transfer a number of unused CFE Treaty flank
entitlements to accommodate their plans, together with NATO
Allies Romania and Bulgaria for joint use of military
facilities in the region for rotational training.

- The Republic of Turkey agrees to transfer 63 tank
entitlements to the United States of America, in the terms
mentioned below;

The Government of the Republic of Turkey and the Government
of the United States (hereinafter referred to as the
"Parties"),

Considering the provisions of the Treaty on conventional
Armed Forces in Europe (Hereinafter referred to as the "CFE
Treaty"),

Recalling the importance of bilateral cooperation in the CFE
Treaty implementation and acting in the spirit of NATO
Alliance solidarity,

Agreed upon the following provisions in order to determine
the principles of this transfer.

ARTICLE I: PURPOSE AND SCOPE

The purpose of this MOU is to establish the terms and
obligations of this transfer of the CFE Treaty flank
entitlements between the Republic of Turkey and the United
States of America.

ARTICLE II; THE TERMS AND OBLIGATIONS OF THE TRANSFER

After consultations with the United States of America in
accordance with Article VII of the CFE Treaty, The Republic
of Turkey agrees to transfer 63 tank entitlements to the
United States of America, in the following terms:

a) The transfer shall be on provisional basis, when the
United States of America does not need or the Republic of
Turkey needs these entitlements, they shall be returned to
the Republic of Turkey,

b) The United States of America shall not re-transfer these
entitlements permanently to third Parties,

c) The United States of America shall not use these
entitlements for other than joint training purposes in
Romania and Bulgaria,

d) The transfer shall be realized by using CFE Treaty F04
notifications in which the Republic of Turkey and the United
States of America exchange entitlements for the central and
flank zones,

e) If any transportation of the military equipment concerned
is necessary via Turkish Strits to materialize the transfer,
the United States shall ensure full compliance with the
relevant provisions of the Montreux Convention of 20 July

1936.


ARTICLE III: RESOLUTION OF DISAGREEMENTS

In the event of any disagreement in the implementation or
interpretation of this MOU, the Parties shall initiate
negotiations in 30 days to resolve it. The Parties agree to
make every effort in good faith to find a solution to the
disagreements. If these negotiations do not provide
satisfactory results in 90 days, this MOU may be terminated
through a written notice by either party within the following
30 days.

ARTICLE IV: VALIDITY AND DURATION

This MOU shall enter into force on the date of its signature
by the Parties following the written notification by the
Parties of its approval in accordance with their national
legislation. The MOU shall automatically terminate when the
Adapted CFE Treaty enters into force or the United States of
America returns these entitlements to the Republic of Turkey.
This MOU may be terminated at any time by written consent of
both Parties.

ARTICLE V; TEXT AND SIGNATURE

This MOU has been prepared in Turkish and English language
texts of equal validity. In witness whereof the undersigned,
duly authorized by their governments, have signed this MOU in
two copies.


On behalf of the Government of the United States of America



On behalf of the Government of the Republic of Turkey

END TEXT.


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WILSON