LIBYAN PROPOSAL FOR MIL/MIL MOU

UNCLAS SECTION 01 OF 03 TRIPOLI 000308

SIPDIS

SENSITIVE
SIPDIS

E.O. 12958: N/A
TAGS: PREL LY
SUBJECT: LIBYAN PROPOSAL FOR MIL/MIL MOU



1. (SBU) Libyan MFA conveyed to Post via diplomatic note a
draft MOU on military cooperation. While the Libyan proposal
generally tracks with a proposed text conveyed by Deputy
Secretary of Defense England to Libyan FM Abdulrahman Shalgham

SIPDIS
during the latter's January 2008 visit to Washington, the Libyan
version makes significant changes to the preamble. The Libyan
draft includes assertions that the U.S. will work through the UN
Security Council in support of Libya's independence, territorial
integrity, and its right to defend itself. The Libyan draft
also adds language to the preamble committing the U.S. to
acknowledge Libya's "voluntary renunciation of its WMD programs,
its counterterrorism actions, and its prominent role in serving
peace on the regional and international levels," and to "promote
cooperation to enable Libya to realize its security and
integrity."



2. (SBU) Embassy translation of the full text of the
diplomatic note accompanying the draft MOU follows.



The General People's Committee Secretariat for Foreign Liaison
and International Cooperation (Americas Office) sends its
compliments to the US Embassy in the Great Jamahiriya, and
attaches herewith the draft Memorandum of Understanding between
the General Interim Committee on Defense in the Great Socialist
People's Libyan Arab Jamahiriya and the US Department of Defense
as regards contacts and cooperation in the field of defense.



The General People's Committee Secretariat for Foreign Liaison
and International Cooperation (Americas Office) avails itself of
this opportunity to renew to the esteemed US Embassy the
assurances of its highest consideration.



(Seal of the General People's Secretary for Foreign Liaison and
International Cooperation)



To: US Embassy

Tripoli: April 3, 2008




3. (SBU) The full text of the Libyan draft MOU follows.



Draft Memorandum of Understanding

Between

The General Interim Committee on Defense of the Great Socialist
People's Libyan Arab Jamahiriya

And

The U.S. Department of Defense

Regarding contacts and cooperation in the field of defense



PREAMBLE



The General Interim Committee on Defense in Great Socialist
People's Libyan Arab Jamahiriya and the US Department of Defense
in the United States (hereinafter "parties");



- Being determined to enhance the existing friendship ties
between them, and acting on the spirit of partnership and
cooperation;



- Approving the importance of the voluntary decision taken by
Great Socialist People's Libyan Arab Jamahiriya to renounce its
WMD programs, they [the two parties] assert the commitment of
the United States of America to work through the UN Security
Council to support the independence of the Great Jamahiriya and
its territorial integrity, and to enable it to defend itself
with conventional weapons and with the support of the United

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Nations in return for its voluntary renunciation of its WMD
programs, its counter terrorism actions and its prominent role
in serving peace on the regional and international levels.



- And In response to both parties' joint commitment to promote
cooperation in view to enable Great Socialist People's Arab
Libyan Jamahiriya to realize its security and integrity;



In Witness whereof, the parties hereto have entered this
Memorandum of Understanding as follows:



Section One: Cooperation Scope



Both parties intend to cooperate in the field of defense in
accordance with the laws, regulations and policies in force in
their countries.



1)- The purpose of this cooperation between both parties is to
enhance international peace and stability.

2)- The greater purpose sought by both parties is to build a
permanent defense relationship based on mutual respect that
contributes to the security of each party, and enhances peace
and security with other countries in the Mediterranean region,
and with the African Union and its member nations.



Section Two: Cooperation Fields



Both parties can encourage and develop bilateral communications
and cooperation in the filed of defense, and have agreed on the
following:



a- Sharing of information concerning defense-related
issues.

b- Mutual sharing of information as regards execution of
national military approaches.

c- Sharing of information and expertise and news bulletins
with respect to operating and maintenance of military equipment.

d- Sharing of information as regards promoting security
with the Mediterranean states and the African Union and its
member states.

e- Exchange of expertise in the fields of staff,
leadership and control.

f- To provide specialized training for Libyan military
officers at the military academies in the USA.

g- To train specialists in the military institutions,
including linguistic training inside these facilities.

h- To provide assistance to research and development
centers and to exchange visits and expertise among the members
of these centers in both countries, and to provide them with the
right knowledge.

i- To conduct talks in relation to the law governing
armed disputes, and the relation between military and civil
authorities, and other legal issues as regards military service.

j- Any other issues mutually agreed upon by both parties.



Section Three: Cooperation Planning



1- The two parties intend to set up a periodic cooperation
plan, to be approved mutually, and that would specify the areas
of cooperation in which they decide to proceed.

2- The two parties, whenever required, shall make more

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detailed arrangements regarding specific areas of cooperation.



Section Four: Amendments



This MOU can be amended any time, upon written notification and
through mutual agreement between both parties.



Section Five: Confidentiality



Each of the two parties shall commit that any information either
party obtains from the other party by virtue of this agreement
shall remain confidential and not to disclose it to any third
party, except upon prior written approval from the party
providing the information.



Section Six: Dispute Resolution



Any disputes that might arise between the two parties regarding
the interpretation or the implementation of this MOU shall be
resolved through negotiations between the two parties solely.



Section Nine: Entry into Force, its Scope and Termination



1- This MOU shall enter into force upon its signature by
both parties.

2- This MOU does not include any provisions that entail
commitments under International Law

3- This MOU shall remain effective unless terminated by a
mutual agreement, or by either party, upon 90-day written notice
submitted in advance to the other party. Should this MOU be
terminated, all activities related to it shall stop, and both
parties shall enter into consultations with a view to solving
any pending issues.



In Witness whereof, this memorandum is drafted today ~~~~..
2008, in two versions: one in Arabic and the other in English.
Both versions shall have the same validity and legal force.



(signatures)



End text.
STEVENS