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