JAMAICA: CONCLUSION OF 505 AGREEMENT

UNCLAS KINGSTON 001211

SIPDIS

SIPDIS

STATE FOR PM/PPA (SCOTT KWAK)
L/PM (MICHAEL COFFEE)
PM/RSAT (BERNETTA LEE)
L/T (DAPHNE COOK)
WHA/CAR (RANDALL BUDDEN)

E.O. 12958: N/A
TAGS: KTIA MARR MASS PGOV JM XL
SUBJECT: JAMAICA: CONCLUSION OF 505 AGREEMENT

REF: (A) 06 STATE 115680 (NOTAL)
(B) KINGSTON 252 (NOTAL)


1. In reply to the Embassy's diplomatic note number 026/07 of
February 5, 2007 (reftels),the Government of Jamaica (GoJ)'s
Ministry of Foreign Affairs and Foreign Trade (MFAFT) has delivered
the following diplomatic note, Ref. No. 358/803/3, dated 30th July
2007, to the Embassy:

(begin text of MFAFT's diplomatic note 358/803/3)
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The Ministry of Foreign Affairs and Foreign Trade presents its
compliments to the Embassy of the United States of America and has
the honour to earlier ((sic))) discussions between representatives
of the two Governments regarding grants under the Foreign assistance
Act of 1961, as amended, or successor legislation, and the
furnishing of defense articles, related training, and other defence
services, including pursuant to the United States International
Military Education and Training Program, from the United States of
America to the Government of Jamaica pursuant to the Foreign
Assistance Act of 1961, as amended, or successor legislation. In
this regard the Ministry refers to the Agreement concerning the
provision of training related to defense articles under the United
States International Military Education and training (IMET) Program,
effected by exchange of notes at Kingston on November 13, 1980 and
February 17, 1981.

In accordance with these discussions, the Government of Jamaica
agrees:


A. That unless the consent of the Government of the United states of
America has been first obtained the Government of Jamaica shall
not:

(i) Permit any use of such defense articles, relating ((sic))
training, including training materials, or other defense services by
anyone not an officer, employee or agent of the Government of
Jamaica;

(ii) Transfer, or permit any officer, employee or agent of the
Government of Jamaica 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
Jamaica 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 Jamaica 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 Government of 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 Jamaica; 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 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.

It is further proposed that this Agreement shall supersede the
above-referenced 1981 agreement. This Agreement shall apply to
defense articles and defense services to which the superseded 1981
agreement had applied prior to entry into force of this Agreement.

The Ministry agrees that the Embassy of the United States proposal
(Note #026/07 dated February 05, 2007) and this Note in reply, shall
constitute an agreement between the two Governments, which shall
enter into force on the date of this Ministry's reply.

The Ministry of Foreign Affairs and Foreign Trade avails itself of
this opportunity to renew to the Embassy of the United States of
America assurances of this highest consideration.

(Seal of the Ministry of Foreign Affairs and Foreign Trade)

Embassy of the United States of America
KINGSTON
30th July, 2007

(end text of MFAFT's diplomatic note 358/803/3)
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2. The original of the MFAFT's above note, together with a certified
copy of the Embassy's Note No. 026/07 of February 5, 2007, have been
sent to L/T (Rm. 5420, HST Attn: Daphne Cook) via diplomatic pouch,
registration No. 7569252.
JOHNSON