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

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Riley