DIPLOMATICNOTE RECEIVED: AMENDING THE 505

UNCLAS RABAT 002183 SIPDIS SENSITIVE SIPDIS TATE FOR NEA/MAG, PM/PPA - SCOTT KWAK, PM/RSAT - BRNETA LEE, L/PM, L/T E.O. 12958: N/A TAGS: KTIA MARR MASS PGOV MO XA SUBJECT: DIPLOMATICNOTE RECEIVED: AMENDING THE 505 AGREEMENT WITH MROCCO REF: A. STATE 115664 ¶B. RABAT 1427 ¶C. RABAT DIPLOMATIC NOTE 257 ¶1. (U) Thiscable is sensitive but unclassified. Please protect accordingly. ¶2. (SBU) Post received Diplomatc Note 003685 from the Ministry of Foreign Affais November 28, 2006 in response to reftel A and . The Note was transmited in both Arabic and Eglish. In the following note, the Moroccan Goverment accepts and approves the U.S. modifications to he 505 Agreement. ¶3. (SBU) Begin unofficial tanslation: --The Ministry of Foreign Affairs an cooperation presents its compliments to the Embssy of the United States of America and acknowledges receipt of the Embassy' Note No. 257, dated Jly 21, 2006, which reads as follows: (Begin tex) -- The Embassy of the United States of Americ presents its compliments to the Ministry of Forign Affairs and Cooperation of the Kingdom of Morocco and has the honor to refer to earlier discusions between representatives of the two Governmets regarding grants under the Foreign AssistanceAct of 1961, as amended, or successor legislation,and the furnishing of defense articles, related taining, and other defense services, including pusuant to the United States International Militar Education and Training Program, from the UntiedStates of America to the Government of the Kingdom of Morocco pursuant to the Foreign Assistance Actof 1961, or successor legislation. In this regad the Embassy refers to the Agreement concerningthe grants of certain defense articles, related raining, and other defense services to Morocco fom the United States under the Chapter 2 of Part 11 of the United States Foreign Assistance Act of 161, or successor legislation, effected by exchane of notes at Rabat on July 11 and 15, 1991. - In accordance with these discussions, it is propsed that the Government of the Kingdom of Morocco agree: (A.)That unless the consent of the Government of the United States of America has been first obtained the Government of the Kingdom of Morocco shall not: (l). 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 Kingdom of Morocco; (ll). Transfer, or permit any officer, employee or agent of the Government of the Kingdom of Morocco to transfer, such defense articles, related training, including training materials, or other defense services by gift, sale or otherwise; or (lll) 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 f the United States of America when they are no longer needed for the purposes for which they were furnished, unless the Government of the Untied States of America consents to another disposition; ¶C. That the net proceeds of sale received by the government of the Kingdom of Morocco 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 Untied States of America; ¶D. That the Government of the Kingdom of Morocco 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 materials, or other defense services by the government of the United states of America; that it shall, as the Government of the United States of America may require, permit continuous observation and review by, and furnished necessary information to, representatives of the Government of the United States of America with regard to the use thereof by the Government of the Kingdom of Morocco; and, ¶E. That the Government of the United States of America may also, from time to time, make the provision of articles and services furnished under other authority (except the United States Arms Export Control Act) subject to the terms and conditions of the agreement proposed herin. (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). --It is further proposed that this Agreement shall supersede the above-referenced 1991 agreement. This Agreement shall apply to defense articles and defense services to which the superseded 1991 agreement had applied prior to entry into force of this Agreement. --The Ministry of Foreign Affairs and cooperation of the Kingdom of Morocco has the honor to confirm that the proposals set forth in the Embassy's note and this note in reply shall constitute an Agreement between the two Governments which shall ENTER (omitted) into force on this date. --The Embassy of the United States of America avails itself of this opportunity to renew to the Ministry of Foreign Affairs and Cooperation the assurances of its highest consideration. (End text) --The Ministry has the honor to confirm hereby the agreement of the Government of the Kingdom of Morocco on what precedes. --The Ministry of Foreign Affairs and Cooperation avails itself of this opportunity to renew to the Embassy of the Untied States of America the assurances of its highest consideration End Text of Diplomatic Note ****************************************** Visit Embassy Rabat's Classified Website; http://www.state.sgov.gov/p/nea/rabat ****************************************** Riley