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Cablegate: Bolivia: 505 Agreement Diplomatic Note Reply

VZCZCXYZ0005
PP RUEHWEB

DE RUEHLP #2025/01 2622213
ZNR UUUUU ZZH
P 182213Z SEP 08
FM AMEMBASSY LA PAZ
TO RUEHC/SECSTATE WASHDC PRIORITY 8572
INFO RHMFIUU/HQ USSOUTHCOM MIAMI FL
RUEKJCS/SECDEF WASHINGTON DC

UNCLAS LA PAZ 002025

SENSITIVE
SIPDIS

STATE L/PM FOR MCOFFEE AND DCOOK; PM/PPA FOR JHANLEY;
PM/RSAT FOR BLEE; WHA FOR BROCHA

E.O. 12958: N/A
TAGS: KTIA MARR MASS BL
SUBJECT: BOLIVIA: 505 AGREEMENT DIPLOMATIC NOTE REPLY

REF: STATE 27763

1. (SBU) The Bolivian Ministry of Foreign Relations and
Worship sent Diplomatic Note 1024-08-15.723 to Embassy La Paz
as a reply to La Paz Diplomatic Note 350/08. The MFA's note
was dated September 16 and received by the Embassy September
17 (Note: Due to demonstrations, the Embassy was closed
September 15 and the morning of September 16. End Note.)
This exchange of diplomatic notes should constitute an
agreement between the two countries. State L is comparing
the documents per fax sent from Embassy La Paz September 18.


2. (SBU) Negotiations began with delivery of La Paz
Diplomatic Note 093/08, March 28, 2008, which was demarched
the same day. Complete negotiation history to follow septel.
Original copy of MFA diplomatic note reply and certified
copy of Embassy's diplomatic note were sent to Daphne Cook
via registered pouch (5541621) from Embassy La Paz September
18. Post thanks PM/PPA and L for assistance concluding this
agreement.

3. (SBU) Text of MFA Diplomatic Note 1024-08-15.723 follow:

Republic of Bolivia
Ministry of Foreign Relations and Worship
VREC-DGRB-UAM-1024-08-15.723
La Paz, 16 September 2008

Mr. Charge' d' Affaires a.i.:

I have the honor to refer to your Embassy's Note no. 350
dated on September 12, 2008, which reads as follows:

"The Embassy of the United States of America presents its
compliments to the Ministry of Foreign Affairs and Worship of
the Republic of Bolivia and has the honor to refer to earlier
discussions between representatives of the two Governments
regarding the grants under the United States 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 Bolivia. In this regard, the Embassy refers to
the Agreement regarding the furnishing of defense articles
and defense services to the Government of Bolivia for the
purpose of contributing to its internal security
capabilities, effected by an exchange of notes at La Paz on
April 26, 1962, the Agreement concerning payment to the
United States of net proceeds from sale or disposal of
defense articles furnished on a grant basis, effected through
an exchange of notes at La Paz on May 31 and June 28, 1974,
as amended, and the Agreement regarding security assistance
matters and the provision of articles, services and
associated military education and training by the United
States Government for antinarcotics purposes, effected by an
exchange of notes at La Paz on October 27 and November 5,
1998.

In accordance with these discussions, the Embassy proposes
that the Government of the Republic of Bolivia 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 Bolivia 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 Bolivia;

(II) Transfer, or permit any officer, employee, or agent of
the Government of the Republic of Bolivia 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 Bolivia in disposing of, with prior
written consent of the Government of the United States of
America, any defense article furnished by 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 Bolivia 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 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 Bolivia; 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 the Agreement proposed herein
shall apply with respect to articles and services provided
from the Government of the United States of America to the
Government of the Republic of Bolivia pursuant to the Global
Peace Operations Initiative.

A reply note from the Ministry of Foreign Relations and
Worship stating that the foregoing is acceptable to the
Government of the Republic of Bolivian shall, together with
the note, constitute an agreement between the two
Governments, which shall enter into force on the date of the
Ministry's note and which shall supersede in its entirely the
aforementioned Agreement concerning payment to the United
States of net proceeds from sale or disposal of defense
articles furnished on a grant basis, effected through an
exchange of notes at La Paz on May 31 and June 28, 1974, as
amended.

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

In reply, I have the honor to inform Mr. Charge' de' Affaires
a.i. that the Government of the Republic of Bolivia agrees
and accepts the terms of the note transcribed above and that
note and this note constitute a formal agreement between our
two Governments.

Accept, Mr. Charge' d' Affaires, the renewed assurances of my
highest and most distinguished consideration.

(Signature)
David Choquehuanca Cespedes
Minister of Foreign Relations and Worship
URS

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