Identifier
Created
Classification
Origin
09STATE109276
2009-10-22 16:12:00
UNCLASSIFIED//FOR OFFICIAL USE ONLY
Secretary of State
Cable title:
REQUEST FOR INFORMATION ON CEEAC CONTROLS OF
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UNCLAS SECTION 01 OF 02 STATE 109276
SENSITIVE
C O R R E C T E D C O P Y (SENSITIVE CAPTION ADDED)
SIPDIS
E.O. 12958: N/A
TAGS: EAID GB PREL
SUBJECT: REQUEST FOR INFORMATION ON CEEAC CONTROLS OF
U.S.-ORIGIN DEFENSE ARTICLES
REF: STATE 108057
STATE 00109276 001.2 OF 002
UNCLAS SECTION 01 OF 02 STATE 109276
SENSITIVE
C O R R E C T E D C O P Y (SENSITIVE CAPTION ADDED)
SIPDIS
E.O. 12958: N/A
TAGS: EAID GB PREL
SUBJECT: REQUEST FOR INFORMATION ON CEEAC CONTROLS OF
U.S.-ORIGIN DEFENSE ARTICLES
REF: STATE 108057
STATE 00109276 001.2 OF 002
1. (U) Summary: This is an action request; see paragraph 5.
The Department is seeking preliminary information from
Economic Community of Central African States (French acronym:
CEEAC) to determine whether the United States and CEEAC may
enter into an agreement to transfer defense articles and
services. End Summary.
BACKGROUND
--------------
2. (SBU) On September 7, President Obama signed a
Presidential Determination (PD) recognizing that "the
furnishing of defense articles and defense services to the
Economic Community of Central African States will strengthen
the security of the United States and promote world peace."
The PD for CEEAC is similar to previous PDs for the Economic
Community of West African States (ECOWAS),the Southern
African Development Community (SADC),and the African Union
(AU) and is intended to enable the USG to provide targeted
assistance to this African entity to increase peacekeeping
and crisis response capacity, strengthen interoperability,
and improve our mil-to-mil cooperation.
3. (SBU) One of several steps required before the U.S. may
approve transfer of any defense articles and defense services
to CEEAC is to conclude a "Section 505" agreement with CEEAC.
Such agreements establish end use, retransfer, and security
obligations applicable to, at a minimum, defense articles and
defense services provided on a grant basis pursuant to the
Foreign Assistance Act of 1961, as amended (FAA). To prepare
for negotiations on a Section 505 agreement with CEEAC, the
Department requires preliminary information from CEEAC about
its authority, reliability, access, and enforcement
mechanisms. The Department requests that Post provide the
questions in paragraph 5 in writing to, and obtain a response
in writing from, appropriate CEEAC authorities.
4. (SBU) We seek to clearly establish that, should the USG
provide CEEAC with goods or services in the future, CEEAC is
willing and able to deny such goods or services to any CEEAC
member state that is or may in the future be prohibited from
receiving U.S.-origin goods or services. Any assistance
provided to the CEEAC Standby Brigade or other entity would
be considered on a case-by-case basis and must also comply
with all relevant existing legal obligations, including,
where appropriate, all current or future restrictions
applicable to CEEAC members.
INFORMATION NEEDED FROM CEEAC
--------------
5. (U) The Department requests that Post engage CEEAC
leadership at the appropriate level to obtain written answers
to the following questions. This information is necessary to
determine whether the United States and CEEAC may enter into
a reliable and enforceable Section 505 agreement. Post is
also encouraged to draw on the points in reftel when
approaching the Secretariat.
a. Which CEEAC entity will be responsible for the negotiation
of the end-use, retransfer and security agreement with the
United States?
b. Which CEEAC entity/entities will be involved in the
approval of such an agreement?
c. Will the agreement be approved by the CEEAC Summit (Heads
of State or Government)?
d. Will the agreement be approved by each CEEAC Member State?
Would approval be by vote? Or, if approval would be by
"consensus," would "consensus" mean only that there is no
opposition (abstentions would not hold up the agreement)?
STATE 00109276 002.2 OF 002
e. How would CEEAC establish and enforce end-use, retransfer,
and security obligations?
f. May CEEAC restrict the access to USG-provided articles and
services by nationals of designated CEEAC Member States?
g. May the Executive Secretary, as custodian of such items,
restrict the access provided to Secretariat employees based
upon their nationality?
h. How would the Secretariat secure articles and services
provided by the USG?
i. Will CEEAC be able to comply with restrictions on use of
articles and assistance provided by the USG?
j. Would the agreement resulting in the imposition of
restrictions on access to certain items based on nationality
be considered to be compatible with the objectives of CEEAC
and the provisions of the CEEAC Declaration and Charter?
k. Has the CEEAC Tribunal rendered any decisions where issues
of nationality or national access to CEEAC property were
raised? If so, please provide copies of the rulings.
l. What measure would CEEAC take with respect to persons or
countries that fail to uphold CEEAC obligations?
POINT OF CONTACT
--------------
6. (U) Please report results by cable slugged to PM/RSAT,
PM/PPA, AF/RSA, and L/PM. PM/RSAT POC is Amy Van Buren.
CLINTON
SENSITIVE
C O R R E C T E D C O P Y (SENSITIVE CAPTION ADDED)
SIPDIS
E.O. 12958: N/A
TAGS: EAID GB PREL
SUBJECT: REQUEST FOR INFORMATION ON CEEAC CONTROLS OF
U.S.-ORIGIN DEFENSE ARTICLES
REF: STATE 108057
STATE 00109276 001.2 OF 002
1. (U) Summary: This is an action request; see paragraph 5.
The Department is seeking preliminary information from
Economic Community of Central African States (French acronym:
CEEAC) to determine whether the United States and CEEAC may
enter into an agreement to transfer defense articles and
services. End Summary.
BACKGROUND
--------------
2. (SBU) On September 7, President Obama signed a
Presidential Determination (PD) recognizing that "the
furnishing of defense articles and defense services to the
Economic Community of Central African States will strengthen
the security of the United States and promote world peace."
The PD for CEEAC is similar to previous PDs for the Economic
Community of West African States (ECOWAS),the Southern
African Development Community (SADC),and the African Union
(AU) and is intended to enable the USG to provide targeted
assistance to this African entity to increase peacekeeping
and crisis response capacity, strengthen interoperability,
and improve our mil-to-mil cooperation.
3. (SBU) One of several steps required before the U.S. may
approve transfer of any defense articles and defense services
to CEEAC is to conclude a "Section 505" agreement with CEEAC.
Such agreements establish end use, retransfer, and security
obligations applicable to, at a minimum, defense articles and
defense services provided on a grant basis pursuant to the
Foreign Assistance Act of 1961, as amended (FAA). To prepare
for negotiations on a Section 505 agreement with CEEAC, the
Department requires preliminary information from CEEAC about
its authority, reliability, access, and enforcement
mechanisms. The Department requests that Post provide the
questions in paragraph 5 in writing to, and obtain a response
in writing from, appropriate CEEAC authorities.
4. (SBU) We seek to clearly establish that, should the USG
provide CEEAC with goods or services in the future, CEEAC is
willing and able to deny such goods or services to any CEEAC
member state that is or may in the future be prohibited from
receiving U.S.-origin goods or services. Any assistance
provided to the CEEAC Standby Brigade or other entity would
be considered on a case-by-case basis and must also comply
with all relevant existing legal obligations, including,
where appropriate, all current or future restrictions
applicable to CEEAC members.
INFORMATION NEEDED FROM CEEAC
--------------
5. (U) The Department requests that Post engage CEEAC
leadership at the appropriate level to obtain written answers
to the following questions. This information is necessary to
determine whether the United States and CEEAC may enter into
a reliable and enforceable Section 505 agreement. Post is
also encouraged to draw on the points in reftel when
approaching the Secretariat.
a. Which CEEAC entity will be responsible for the negotiation
of the end-use, retransfer and security agreement with the
United States?
b. Which CEEAC entity/entities will be involved in the
approval of such an agreement?
c. Will the agreement be approved by the CEEAC Summit (Heads
of State or Government)?
d. Will the agreement be approved by each CEEAC Member State?
Would approval be by vote? Or, if approval would be by
"consensus," would "consensus" mean only that there is no
opposition (abstentions would not hold up the agreement)?
STATE 00109276 002.2 OF 002
e. How would CEEAC establish and enforce end-use, retransfer,
and security obligations?
f. May CEEAC restrict the access to USG-provided articles and
services by nationals of designated CEEAC Member States?
g. May the Executive Secretary, as custodian of such items,
restrict the access provided to Secretariat employees based
upon their nationality?
h. How would the Secretariat secure articles and services
provided by the USG?
i. Will CEEAC be able to comply with restrictions on use of
articles and assistance provided by the USG?
j. Would the agreement resulting in the imposition of
restrictions on access to certain items based on nationality
be considered to be compatible with the objectives of CEEAC
and the provisions of the CEEAC Declaration and Charter?
k. Has the CEEAC Tribunal rendered any decisions where issues
of nationality or national access to CEEAC property were
raised? If so, please provide copies of the rulings.
l. What measure would CEEAC take with respect to persons or
countries that fail to uphold CEEAC obligations?
POINT OF CONTACT
--------------
6. (U) Please report results by cable slugged to PM/RSAT,
PM/PPA, AF/RSA, and L/PM. PM/RSAT POC is Amy Van Buren.
CLINTON