ROMANIA SEEKS ENTRY-INTO-FORCE ALTERATION TO

UNCLAS BUCHAREST 001767

SIPDIS

SIPDIS

DEPT FOR EUR/NCE AND PM/RSAT

E.O. 12958: N/A
TAGS: PREL MASS PGOV RO
SUBJECT: ROMANIA SEEKS ENTRY-INTO-FORCE ALTERATION TO
PROPOSED BLANKET END-USE ASSURANCES AGREEMENT

REF: A. ELLIS-FURNACE EMAIL 11/07/06

B. STATE 181601

C. STATE 64199


1. (U) This is a request for Guidance; see para 3.


2. (SBU) POLMILOFF on November 7, met with MFA Director for
Non-Proliferation, Arms Control and Combating Terrorism Dan
Neculaescu, whose office has the lead on the Blanket End-Use
Assurances agreement. Neculaescu explained that Romania has a
classic "chicken and the egg" problem with the Blanket
End-Use agreement. He said that the problem is not/not GOR
reluctance to join the program. To the contrary, the GOR
recognizes that this program is of great benefit. The
problem is that the US-proposed language is contrary to the
Romanian legislative process. Any agreement of this nature
would need to be submitted for Parliamentary ratification
only after/after it is signed by MFA and USG representatives.
This process would follow an exchange of diplomatic notes.
He noted that there is some urgency to fixing the language
because of Romania's strong interest in the F-16 to replace
its aging fleet of Mig-21s. An information exchange with
Belgium on the F-16 program (technical data) was held up
because of the absence of a blanket agreement, Neculaescu
explained.

3.(SBU) Guidance Request: The GOR is not/not proposing
different assurances from the Department's language.
However, the MFA would like new language covering
entry-into-force that would address the requirements of
Romania's legislative process. The MFA would prefer that the
U.S. present new language, rather than the other way around.
Mission requests further instruction on how to proceed.
Subsequently Romanian Ministry of Foreign Affairs delivered
on November 20, the following note verbale:

Begin text of the note:

C1-3/2172

The Ministry of Foreign Affairs of Romania presents its
compliments to the Embassy of the United States of America
and, in reference to its Verbal Note no. 067/2006 from 26
April 2006 (see reftel),wishes to state the following:

In accordance with the Romanian legislation, an Agreement
such as the one envisaged in the Verbal Note mentioned above
cannot enter into force at the date of the Ministry's of
Foreign Affairs reply, but only after fulfilling all
necessary internal procedures required by the Romanian law.

Thus, the Ministry of Foreign Affairs of Romania proposes
that the final clause of the Agreement shall have the
following content:

"The Ministry's reply stating that the foregoing is
acceptable to the Government of Romania shall, together with
this note, constitute an Agreement between the two
governments, to enter into force on the date of the receipt
of the notification by which the Ministry informs on the
completion of the internal procedures required by Romanian
laws for its entry into force."

If the text above is suitable to the United States
Government, the Ministry of Foreign Affairs of Romania kindly
asks the United States Embassy to resent the text of the
Agreement with the above modifications. After receiving the
Agreement, the Ministry of Foreign Affairs, alongside other
Romanian competent institutions, will start the internal
procedures of approving the Agreement.

The Ministry of Foreign Affairs of Romania takes this
opportunity to renew to the Embassy of the United States of
America its highest consideration.

Dated: 13 November 2006
Initialed Dan Neculaescu
Stamped

End text of the note.
TAUBMAN