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Cablegate: Tunisia Confirms 505 Agreement

VZCZCXYZ0000
PP RUEHWEB

DE RUEHTU #0164/01 0521441
ZNR UUUUU ZZH
P 211441Z FEB 08
FM AMEMBASSY TUNIS
TO RUEHC/SECSTATE WASHDC PRIORITY 4471
INFO RHMFISS/HQ USEUCOM VAIHINGEN GE PRIORITY
RUEKJCS/SECDEF WASHDC PRIORITY

UNCLAS TUNIS 000164

SIPDIS

SIPDIS

STATE FOR NEA/MAG (HARRIS AND HOPKINS) AND PM/PPA (JOHNSON
AND KWAK), PM/RSAT (SOIFER), L/PM (COFFEE) AND L/T (COOK)
OSD FOR ATALLAH

E.O. 12958: N/A
TAGS: PGOV MARR PREL MASS TS
SUBJECT: TUNISIA CONFIRMS 505 AGREEMENT

REF: A. 07 STATE 158825
B. 06 STATE 111362

1. On February 19, Post received a diplomatic note from the
Ministry of Foreign Affairs dated February 13, 2008,
confirming Tunisia's agreement with Post's November 23, 2007
diplomatic note regarding the update of end-use, retransfer
and security assurances applicable to articles and services
provided persuant to Section 1206. The text of the MFA
diplomatic note, which Post believes is the exact text of the
required response, is included in para 2.

2. As instructed in Ref A, the original MFA diplomatic note
and a certified copy of Post's diplomatic note #1657 have
been pouched to Daphne Cook in L/T via registered pouch
#6147112. Post has also faxed a copy of the note to L/T and
NEA/MAG.

3. Begin Text:

Republic of Tunisia
Ministry of Foreign Affairs
30/4163

The Ministry of Foreign Affairs of the Republic of Tunisia
presents its compliments to the Embassy of the United States
of America and acknowledges receipt of the Embassy's Note No.
1657 dated November 23, 2007 which reads as follows:

The Embassy of the United States of America presents its
compliments to the Ministry of Foreign Affairs of the
Republic of Tunisia 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 Tunisia pursuant to the Foreign Assistance Act of
1961, or successor legislation.

In this regard the Embassy refers to the Agreement concerning
payment to the United States of net proceeds from the sale or
disposal of defense articles furnished on a grant basis,
effected by exchange of notes at Tunis on May 21 and June 29,
1974, as amended, and to the Agreement relating to a program
of grants of military equipment and material to Tunisia,
effected by exchange of notes at Tunis on September 12 and
October 25, 1974.

In accordance with these discussions, it is proposed that the
Government of the Republic of Tunisia 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 Tunisia 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 Tunisia;

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

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.)

It is further proposed that this Agreement shall supersede
the above-referenced 1974 agreement. This Agreement shall
apply to defense articles and defense services to which the
superseded 1974 agreement had applied prior to entry into
force on the date of the Ministry's note.

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

Embassy of the United States of America
Tunis, November 23, 2007

The Ministry of Foreign Affairs of the Republic of Tunisia
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.

Tunis, February 13th, 2008.

End Text.

Please visit Embassy Tunis' Classified Website at:
http://www.state.sgov.gov/p/nea/tunis/index.c fm
GODEC

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