DIPLOMATIC NOTE RECEIVED: ACOTA, 505 AGREEMENT

UNCLAS DAR ES SALAAM 001109

SIPDIS

SIPDIS

AF/RSA-ACOTA, AF/RSA FOR MBITTRICK, AF/E FOR BYODER, PM/PPA

E.O. 12958: N/A
TAGS: MASS KPKO KTIA TZ
SUBJECT: DIPLOMATIC NOTE RECEIVED: ACOTA, 505 AGREEMENT

REF: A. STATE 78316


B. DAR ES SALAAM 00889


1. (U) The Embassy received diplomatic note CKB 162/664/01
from the Ministry of Foreign Affairs and International
Cooperation on June 29, 2006. This note is in response to
the request in reftel A for an agreement, by exchange of
notes, regarding the use, transfer, sale and security of
defense articles, related training and other defense services
prior to providing such articles or services to the
Government of Tanzania (GOT) pursuant to the African
Contingency Operations and Training Assistance (ACOTA)
program. Per reftel A, post faxed copies of USG note and the
GOT reply note to the Department (L/T),AF/RSA-ACOTA and
PM/PPA and pouched same to the Department on July 5.


2. (U) TEXT of diplomatic note CKB 162/664/01:

The Ministry of Foreign Affairs and International Cooperation
of the United Republic of Tanzania present (sic) its
compliments to the Embassy of the United States of America
and has the honour to acknowledge receipt of the latter's
note no. 116.06 dated 24th May 2006.

The Ministry wishes to inform the esteemed Embassy that the
Government of the United Repulbic of Tanzania is willing to
participate in the African Contingency Operations Training
and Assisatnce (ACOTA) program.

The Government of the United Republic of Tanzania agrees;


A. That unless the consent of the Government of the United
States of America has been first obtained the Government of
the United Republic of Tanzania shall not:

(I) Permit any use of such defense articles, related
training, including training materials, or other defense
services by anyone not an officer, employee or agent of the
Government of the United Republic of Tanzania;

(II) Transfer, or permit any officer, employee or agent of
the Government of the United Republic of Tanzania to
transfer, such defense articles, related training, including
training
materials, or other defense services by gift, sale or
otherwise; or

(III) Use, or permit the use of, such defense articles,
related training, including training materials, or other
defense services for purposes other than those for which
provided;


B. That such defense articles, related training, including
training materials, or other defense services shall be
returned to the Government of the United States of America
when they are no longer needed for the purposes for which
they were furnished, unless the Government of the United
States of America consents to another disposition;


C. That the net proceeds of sale received by the Government
of the United Republic of Tanzania in disposing of, with
prior written consent of the Government of the United States
of America,
any defense article furnished by the Government of the United
States of America on a grant basis, including scrap from any
such defense article, shall be paid to the Government of the
United States of America;


D. That the Government of the United Republic of Tanzania
shall maintain the security of such defense articles, related
training, including training materials, and other defense
services; that it shall provide substantially the same degree
of security protection afforded to such defense articles,
related training, including training materials, or other
defense services by the Government of the United States of
America; that it shall, as the United States of America may
require, permit continuous observation and review by, and
furnish necessary information to, representatives of the
Government of the United States of America with regard to the
use thereof by the Government of the United Republic of
Tanzania; and


E. That the Government of the United States of America may
also, from time to time, make the provision of articles or
services furnished under other authority (except the United
States Arms Export Control Act) subject to the terms and
conditions of the agreement proposed herein. (Transfers
under the United States Arms Export Control Act shall
continue
to be governed by the requirements of that Act and United
States
regulations applicable to such transfers.)

The Ministry of Foreign Affairs and International Cooperation
of
the United Republic of Tanzania has the honour to confirm
that
the proposal set forth in the Embassy's note 116/06 is
acceptable to the Government of the United Republic of
Tanzania
and that the Embassy's note 116/06 and this note in reply
shall
constitute an agreement between the two goverments which
shall
enter into force on this date of the Ministry's note.

The Ministry of Foreign Affairs and International Cooperation
of
the United Republic of Tanzania avails itself of this
opportunity
to renew to the Embassy of the United States of America the
assurances of its highest consideration.

Dar es Salaam, June 28th 2006

Embassy of the United States of America,
Dar es Salaam

END TEXT


3. (U) The text of the GOT's reply note includes the
language
suggested per reftel A with the exception of the following
paragraph which was suggested by the USG note but does not
appear
in the GOT note:

It is further proposed that the Government of the United
Republic
of Tanzania agree that articles and services provided
pursuant to
the ACOTA program shall be subject to the terms and conditions
proposed herein.
RETZER