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Cablegate: Exbs: Turkish Comments to Latest Np Cooperation

This record is a partial extract of the original cable. The full text of the original cable is not available.

UNCLAS ANKARA 006240

SIPDIS

E.O. 12958: N/A
TAGS: ETTC KSTC PARM PREL TU US
SUBJECT: EXBS: TURKISH COMMENTS TO LATEST NP COOPERATION
AND ASSISTANCE AGREEMENT DRAFT

REF: A. STATE 197314
B. STATE 156979

1. This is an action request- see para 4.

2. We have discussed the latest U.S. draft NP Cooperation
and Assistance Agreement (ref A) with MFA Arms Control and
Disarmament, Department Head, Bulent Meric and other MFA
representatives on several occasions since originally
delivering it to the GOT on September 15. In early October,
MFA sponsored an inter-ministerial meeting to review the
lasted proposal. On November 3, MFA provided us with
comments on the latest draft.

3. The following are the requested changes submitted by GOT,
refered to the text in ref A. (We sent a word document of the
text with these changes by email to NP/ECC.):

a. Preamble- Paragraph 4, line 3- insert database, before
training.

b. Part II- Change paragraph to read: "The services,
database, training, equipment, commodities, supplies and
technology that are provided free of charge within the scope
of this Agreement shall not be subject to the imposition of
taxes (including value added tax, special consumption tax)
within the territory of the Republic of Turkey."

c. Part III- line 2 change "examine" to "monitor"
- line 3 insert "this" before Agreement
- line 4 remove "the reasonableness of the
request; and"
- line 5 change "examinations" to "monitoring"

d. Part V Paragraph (c)- Change paragraph to read: "The
limitation of transfer of title and possession of articles,
components, and associated support material, related training
or other services (including plans, specifications, or
information), or technology shall remain in effect for the
duration of this Agreement. When this Agreement is
terminated, unless otherwise agreed, Turkey shall dispose or
return such equipment, commodity, supply or technology."

e. Part VII- Change paragraph to read: "The Agreement
shall enter into force on the date of the last written
notification that the Parties have fulfilled the national
procedures required for its entry into force. It shall
remain in force for three years and shall be automatically
prolonged for periods of one year, unless terminated by
either Party upon giving six months written notice to the
other.

4. Action request: We request the Department review and
accept the suggested changes to the NP Cooperation Agreement.
If these changes are acceptable, we request authority to sign
the Agreement. Following the signing by both governments,
the GOT will need to submit the Agreement to their parliament
for final approval.

5. Comment: The GOT comments appear intended to make the
Agreement conform with current Turkish laws for international
agreements. Both Governments have worked hard on this
agreement for over two years and the continuation of
significant parts of the EXBS program depend on the
completion of this agreement. Quick evaluation and reply
would be appreciated.
EDELMAN

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