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