U.S.-BRAZIL DEFENSE COOPERATION AGREEMENT

UNCLAS SECTION 01 OF 03 STATE 003557

SIPDIS

SENSITIVE
SIPDIS

E.O. 12958: N/A
TAGS: MARR MASS PREL PTER BR
SUBJECT: U.S.-BRAZIL DEFENSE COOPERATION AGREEMENT
NEGOTIATIONS


1. (U) This is an action request, please see paragraph 3.


2. (SBU) The United States Government (USG) is seeking to
enter into a binding Defense Cooperation Agreement (DCA) with
the Government of Brazil (GOB),that also contains
aspirational provisions. Under Secretary for Political
Affairs R. Nicholas Burns authorized negotiation and
conclusion of the DCA by granting Circular 175 authority to
the Department of Defense (DOD). Conclusion of this DCA will
be subject to the concurrence of PM, WHA, L, and DOD.


3. (SBU) Embassy should provide the note below to the GOB.
Embassy is requested to report findings by front-channel
cable no later than Friday, February 1, 2008.

Begin text:

(Complimentary opening) and has the honor to present to the
Federative Republic of Brazil a proposed Defense Cooperation
Agreement that will provide the foundation for a new era of
defense-related cooperation between our two countries. We
have the honor to confirm on behalf of the Government of the
United States of America that the foregoing understanding is
acceptable to the Government of the United States of America.

The Government of the Federative Republic of Brazil
(hereafter, "Brazil") and The Government of the United States
of America (hereafter, the United States),(hereafter
referred to collectively as "the Parties" and "Party"
singularly),

Having a common interest in international peace and security,
and the resolution of international conflicts by pacific
means;

Desiring to enhance good and cordial relations;

Reaffirming the principles of sovereignty, and

Desiring to enhance defense cooperation:

Have agreed as follows:

ARTICLE 1

Scope

This Agreement, guided by the principles of equality,
reciprocity and mutual interest, and in compliance with each
Party,s national legislation, regulations, and assumed
international obligations, has the purposes of promoting:
a) cooperation between the Parties in defense-related
matters, especially in the fields of research and
development, logistics support, and acquisition of defense
products and services;
b) exchanges of information and experiences acquired in the
field of operations, and in the use of foreign and national
military equipment, as well as in connection with
international peacekeeping operations;
c) the sharing of experiences in defense technology;
d) engagement in combined military training and education,
and in joint military exercises, as well as the exchange of
information related to those issues;
e) collaboration in subjects related to military systems and
equipment; and
f) cooperation in any other military fields that may be of
mutual interest to the Parties.

ARTICLE 2

Cooperation

Cooperation between the Parties may include:
a) mutual visits by high-ranking delegations to civil and
military entities;

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b) staff talks and technical meetings;
c) meetings between equivalent defense institutions;
d) exchanges of instructors and training personnel, as well
as students from military institutions.
e) participation in theoretical and practical training
courses, orientations, seminars, conferences, roundtable
discussions and symposiums, offered in military and civil
entities of defense interest, by common agreement between the
Parties;
f) visits of naval ships;
g) cultural and sporting events;
h) facilitation of commercial initiatives related to defense
matters;
i) implementation and development of programs and projects on
defense technology applications, considering the involvement
of strategic military and civil entities of each Party.

ARTICLE 3

Financial Arrangements


1. Unless otherwise mutually agreed, each Party shall be
responsible for its own expenses, including but not limited
to:
a) transportation costs to and from the point of entry into
the host country;
b) per diem expenses of personnel, including lodging and
meals;
c) medical and dental expenses, as well as those incurred at
the removal or evacuation of its own sick, injured, or
deceased personnel.


2. All activities under this Agreement are subject to the
availability of resources and funds appropriated for these
purposes.

ARTICLE 4

Implementation, Supplementary Protocols, and Amendment


1. The Parties Executive Agents shall facilitate
implementation of this Agreement. The Executive Agent for
Brazil is the Ministry of Defense; the Executive Agent for
the United States is the Department of Defense.


2. Supplementary Protocols to implement this Agreement may
be entered into by written agreement of the Parties, or their
Executive Agents.


3. This Agreement may be amended by written agreement of the
Parties. Such amendments shall enter into force upon
notification on the date of the later notifications exchanged
between the Parties through diplomatic channels indicating
that their respective internal procedures as are necessary to
bring such amendments into force have been satisfied.

ARTICLE 5

Settlement of Disputes

Any dispute in connection with the interpretation or
application of this Agreement shall be resolved through
consultations and negotiations between the Ministry of
Defense of Brazil and the Department of Defense of the United
States of America.

ARTICLE 6

Validity and Termination

This Agreement may be terminated by either Party upon 90
days, written notice to the other Party through diplomatic
channels.

ARTICLE 7

Entry into Force

This Agreement shall enter into force upon notification by
Brazil to the United States through diplomatic channels that

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all of its internal procedures as are necessary to bring this
Agreement into force have been satisfied.

Done in Arlington, Virginia on the day of ,
2008, in the Portuguese and English languages. In case of
any discrepancy or divergent interpretation, the English text
shall prevail.

The Embassy of the United States of America avails itself of
this opportunity to renew to the Government of Brazil the
assurance of its highest consideration.


4. (SBU) The Department of Defense is willing to lead an
interagency team to Brasilia to assist the Embassy with
negotiations.


5. (U) Please direct all questions and responses related to
this matter to: PM/RSAT Jeff Burnett,
BurnettJC@state.sgov.gov, 202-647-9146; WHA/BSC Benjamin
Chiang, ChiangBX@state.sgov.gov, 202-647-4994; and James
Alverson, OSD Policy/WHA, james.alverson@osd.smil.mil,
703-697-3305.


6. (U) Embassy's assistance in this effort is greatly
appreciated.
RICE