Identifier
Created
Classification
Origin
06MANILA2308
2006-06-02 08:18:00
UNCLASSIFIED
Embassy Manila
Cable title:
MILITARY GRANT ASSISTANCE: LEGAL REQUIREMENTS
how-toVZCZCXYZ0004 OO RUEHWEB DE RUEHML #2308 1530818 ZNR UUUUU ZZH O 020818Z JUN 06 FM AMEMBASSY MANILA TO RUEHC/SECSTATE WASHDC IMMEDIATE 1282 INFO RHHMUNA/CDRUSPACOM HONOLULU HI RUEKJCS/JOINT STAFF WASHINGTON DC RUEKJCS/SECDEF WASHDC//OSD/ISA/AP//
UNCLAS MANILA 002308
SIPDIS
SIPDIS
STATE FOR L/T (RM. 5420,ATTN:DAPHNE COOK)
STATE ALSO FOR PM/RSAT AND EAP/MTS
USPACOM ALSO FOR FPA HUSO
SECDEF/OSD/ISA/AP FOR ALLEN
E.O. 12958: N/A
TAGS: MASS MARR PGOV KTIA RP
SUBJECT: MILITARY GRANT ASSISTANCE: LEGAL REQUIREMENTS
REF: 04 STATE 271500
UNCLAS MANILA 002308
SIPDIS
SIPDIS
STATE FOR L/T (RM. 5420,ATTN:DAPHNE COOK)
STATE ALSO FOR PM/RSAT AND EAP/MTS
USPACOM ALSO FOR FPA HUSO
SECDEF/OSD/ISA/AP FOR ALLEN
E.O. 12958: N/A
TAGS: MASS MARR PGOV KTIA RP
SUBJECT: MILITARY GRANT ASSISTANCE: LEGAL REQUIREMENTS
REF: 04 STATE 271500
1. (U) Post received the following diplomatic note from the
Department of Foreign Affairs (DFA) in response to reftel's
proposed amendment to the 1974 Exchange of Notes governing
the 505 Agreement between the United States and Republic of
the Philippines. While agreeing to the U.S. proposal, the
DFA elected not to use reftel's suggested text for its
response. The DFA also offered some comments on the change
in wording.
2. (U) Text of Diplomatic Note.
BEGIN TEXT.
No. 06-1097
The Department of Foreign Affairs presents its compliments to
the Embassy of the United States of America and has the honor
to refer to U.S. Note Verbale No. 0282 dated 08 March 2005,
proposing amendments to the Exchange of Notes dated 16 May
1974 and 16 July 1974.
The Department has no objection to the proposed amendment and
submits the following additional comments on the matter:
1. By replacing the phrase "under the Military Assistance
Program of" with "on a grant basis from" in the second
paragraph of the Notes dated 16 May and 16 July 1974, this
may have the effect of expanding the obligation of the
Philippines under the original Exchange of Notes.
Under the original Exchange of Notes, the Philippines'
obligation is to share with the U.S. the new proceeds from
the sale of defense equipment given under the Military
Assistance Program. The proposed amendment suggests that the
said obligation will be expanded to include the net proceeds
from the sale or disposition of defense equipment furnished
to the Philippines pursuant to any form of grant. The
Philippine Government would appreciate confirmation from the
U.S. Government regarding this matter.
2. Any future exchange of notes, executive agreement, or
treaty in relation to payment of net proceeds of sales of
defense articles furnished by the U.S. to the Philippines
should contain a clearly defined distinction between
furnishing of defense articles on grant basis on the one hand
and purchase of defense articles on the other, such that
payment for the defense articles would not be applicable in
the latter instance such are being acquired or purchased
through Philippine funds.
The Department of Foreign Affairs avails itself of this
opportunity to renew to the Embassy of the United States of
America the renewed assurances of its highest consideration.
Pasay City, 02 May 2006
END TEXT.
3. (U) Per reftel, the original of the DFA note and a
certified copy of the Embassy's note have been pouched to L/T
RM 5420, Attn: Daphne Cook via registered pouch. The pouch
registration number is 4439993.
Visit Embassy Manila's Classified website:
http://www.state.sgov.gov/p/eap/manila/index. cfm
Kenney
SIPDIS
SIPDIS
STATE FOR L/T (RM. 5420,ATTN:DAPHNE COOK)
STATE ALSO FOR PM/RSAT AND EAP/MTS
USPACOM ALSO FOR FPA HUSO
SECDEF/OSD/ISA/AP FOR ALLEN
E.O. 12958: N/A
TAGS: MASS MARR PGOV KTIA RP
SUBJECT: MILITARY GRANT ASSISTANCE: LEGAL REQUIREMENTS
REF: 04 STATE 271500
1. (U) Post received the following diplomatic note from the
Department of Foreign Affairs (DFA) in response to reftel's
proposed amendment to the 1974 Exchange of Notes governing
the 505 Agreement between the United States and Republic of
the Philippines. While agreeing to the U.S. proposal, the
DFA elected not to use reftel's suggested text for its
response. The DFA also offered some comments on the change
in wording.
2. (U) Text of Diplomatic Note.
BEGIN TEXT.
No. 06-1097
The Department of Foreign Affairs presents its compliments to
the Embassy of the United States of America and has the honor
to refer to U.S. Note Verbale No. 0282 dated 08 March 2005,
proposing amendments to the Exchange of Notes dated 16 May
1974 and 16 July 1974.
The Department has no objection to the proposed amendment and
submits the following additional comments on the matter:
1. By replacing the phrase "under the Military Assistance
Program of" with "on a grant basis from" in the second
paragraph of the Notes dated 16 May and 16 July 1974, this
may have the effect of expanding the obligation of the
Philippines under the original Exchange of Notes.
Under the original Exchange of Notes, the Philippines'
obligation is to share with the U.S. the new proceeds from
the sale of defense equipment given under the Military
Assistance Program. The proposed amendment suggests that the
said obligation will be expanded to include the net proceeds
from the sale or disposition of defense equipment furnished
to the Philippines pursuant to any form of grant. The
Philippine Government would appreciate confirmation from the
U.S. Government regarding this matter.
2. Any future exchange of notes, executive agreement, or
treaty in relation to payment of net proceeds of sales of
defense articles furnished by the U.S. to the Philippines
should contain a clearly defined distinction between
furnishing of defense articles on grant basis on the one hand
and purchase of defense articles on the other, such that
payment for the defense articles would not be applicable in
the latter instance such are being acquired or purchased
through Philippine funds.
The Department of Foreign Affairs avails itself of this
opportunity to renew to the Embassy of the United States of
America the renewed assurances of its highest consideration.
Pasay City, 02 May 2006
END TEXT.
3. (U) Per reftel, the original of the DFA note and a
certified copy of the Embassy's note have been pouched to L/T
RM 5420, Attn: Daphne Cook via registered pouch. The pouch
registration number is 4439993.
Visit Embassy Manila's Classified website:
http://www.state.sgov.gov/p/eap/manila/index. cfm
Kenney