END-USE, RETRANSFER, AND SECURITY ASSURANCES FROM

UNCLAS PARAMARIBO 000157

SIPDIS

PM/PPA FOR RSCHAAB, WHA/CAR FOR JROSHOLT

E.O. 12958: N/A
TAGS: KTIA PREL MARR MASS NS
SUBJECT: END-USE, RETRANSFER, AND SECURITY ASSURANCES FROM
THE GOVERNMENT OF SURINAME

REF: SECSTATE 82357


1. (U) Per reftel, Post delivered suggested text for a new
agreement via diplomatic channel on August 4, 2008, which,
several days later, elicited a response, conveyed via
telephone, from the Ministry of Foreign Affairs (MFA) of the
Government of the Republic of Suriname (GOS) requesting the
deletion of the last sentence of paragraph E of the
Agreement, which reads, "It is further proposed that this
Agreement shall supersede in its entirety the
above-referenced 1980 Agreement." Post advised the MFA
contact to put said request in writing.


2. (U) In its August 13, 2008 note to Post, MFA wrote, "In
order to obtain clarity regarding the status and future
effect of the present Agreement concerning the International
Military Education and Training Program, effected by exchange
of notes at Paramaribo on August 22 and 25, 1980, the defense
authorities of Suriname deemed it desirable to enter in
contact with the Military Liaison Office (MLO) at the United
States Embassy. The Government of Suriname is awaiting the
clarification from the MLO, upon which a response to
abovementioned (sic) note will be formulated."


2. (U) After consultation with the Department, Post
accommodated the GOS request and delivered, on August 12,
2008, a revised version of the original text deleting the
last sentence of paragraph E of the Agreement.


3. (U) On May 5, 2009, after almost nine months of
consultations among division heads between two ministries of
the GOS, the Ministry of Defense and the Ministry of Foreign
Affairs, and regular follow-up contact from the Military
Liaison Officer and Embassy officials and staffers to
ascertain the progress of the GOS towards the forging of a
new Agreement with the USG, Post received the GOS response,
which quotes verbatim the U.S-suggested text.


4. (U) The GOS response reads in full, "The Ministry of
Foreign Affairs of the Republic of Suriname presents its
compliments to the Embassy of the United States of America
and has the honor to acknowledge receipt of the Embassy's
note no. 152-A, dated August 12, 2008, revising note no. 152,
dated August 4, 2008, which should now read in its entirety
as thus:

Quote

"The Embassy of the United States of America presents its
compliments to the Ministry of Foreign Affairs of the
Republic of Suriname and has the honor to refer to earlier
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 defense
services, including pursuant to the United States
International Military Education and Training Program, from
the United States of America to the Government of the
Republic of Suriname pursuant to the Foreign Assistance Act
of 1961, or successor legislation. In this regard the
Embassy refers to the Agreement concerning International
Military Education and Training Program, effected by exchange
of notes at Paramaribo August 22 and 25, 1980.

In accordance with these discussions, it is proposed that the
Government of the Republic of Suriname agree:


A. That unless the consent of the Government of the United
States of America has been first obtained the Government of
the Republic of Suriname shall not:

(I) 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 Republic of Suriname;

(II) Transfer, or permit any officer, employee, or agent of
the Government of the Republic of Suriname 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 the Republic of Suriname in disposing of, with prior
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 the Republic of Suriname 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 protection afforded to such defense articles, related
training, including training materials, and 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 the Republic of Suriname;


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.)"

Unquote

The Ministry of Foreign Affairs of the Republic of Suriname
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 into
force on this date.

The Ministry of Foreign Affairs of the Republic of Suriname
avails itself of this opportunity to renew to the Embassy of
the United States of America the assurances of its highest
consideration."


5. (U) The GOS response, dated and signed on April 30, 2009,
was received at Post on May 5, 2009.


SCHREIBER HUGHES