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Cablegate: Turkey Requests Review of Us Third Country

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

060826Z May 05

UNCLAS SECTION 01 OF 04 ANKARA 002607

SIPDIS

STATE FOR EUR/SE, PM/DTTC AND PM/RSAT

E.O. 12958: N/A
TAGS: MARR MASS PGOV PREL TU
SUBJECT: TURKEY REQUESTS REVIEW OF US THIRD COUNTRY
TRANSFER PROCEDURES

REF: A. 30 JUNE 2004 EMBASSY ANKARA DIPLOMATIC NOTE

B. 24 SEPT 2004 SCWG ACTION ITEM LIST

1. This is an Action Request. Post has received a
Diplomatic Note that responds to Action Item No. 4 from the
Sept. 24, 2004 Security Cooperation Working Group (SCWG)
meeting held in Ankara, and to the 30 June 2004 Embassy Dip
Note outlining specific questions Turkey must answer for
every Third Country Transfer and military equipment disposal
request. At the SCWG, the US side invited the Turks to voice
their difficulties with fulfillment of the US information
requirement. The TU Dip Note does that, particularly for
very old and unserviceable items, and requests a review of
USG Third Party Transfer and disposal procedures. Deputy
PolMilCouns explained to MFA Americas Affairs representatives
that these requirements are standard and unlikely to change
but agreed to forward the Turks' concerns for consideration.
Action Request: Post requests Department review Turkish
Diplomatic Note 2005/ALGY/89300 with DOD/OSD/DSCA and provide
guidance on a response.

2. BEGIN TEXT OF TU DIPLOMATIC NOTE 2005/ALGY/89300:


The Ministry of Foreign Affairs of the Republic of
Turkey presents its compliments to the Embassy of the United
States of America and with reference to the 19th Security
Cooperation Working Group (SCWG) meeting held in Ankara on 24
September 2004, the follow-up meeting held in ODC/Ankara on
17 November 2004 and the Note No.1010 dated June 30, 2004 has
the honor to state the following.

It will be recalled that the Action items of the 19th
SCWG meeting have been closed except for the pending 3rd and
4th items regarding the processing of Third Country Transfers
and disposal procedures. As stated in the fourth Action Item
of the SCWG meeting, it was agreed that the Ministry of
Foreign Affairs of Turkey would communicate to the Department
of State of the USA requesting a review of Third Country
Transfers and disposal procedures.

The Turkish General Staff has completed an extensive
study concerning the general list of questions that was
forwarded to the Ministry in the attachment of the referred
Note. The findings of this study explain in detail why it is
difficult, or in some cases even impossible for the Turkish
side to provide baseline information as requested.

The Ministry would appreciate it if the relevant US
authorities would kindly review the Third party Transfers and
disposal procedures in light of the enclosed list of
information.

A flexible approach as identified in the following
paragraphs regarding the procedure would help Turkish
authorities to meet the requests in a more timely and
complete manner.

- The consideration of the US side of the method as to
how the articles in the inventory of the Turkish Armed Forces
have been acquired and transferred (grant, procurement,
transfer, etc.)

- The granting of a blanket approval for the basic arms
systems to be transferred to the Third Countries rather than
specifying in the list separately for each spare part.

- A concrete definition of articles stated within the
contents of the exchange of Notes concerning end user
permissions, and statement of points of contacts as well as
reporting periods would be helpful.

- Setting a time frame and criteria for the political
assessment of the concerning countries to which the transfer
will be made.

- Facilitating the requests and shortening the procedures
involved the concerning countries that have signed the
Blanket Assurance Treaties within the framework of the
Defense Trade Security Initiative.

The Ministry of Foreign Affairs of the Republic of Turkey
avails itself of this opportunity to renew to the Embassy of
the United States of Americas the assurances of its highest
consideration.

END TEXT.

3. Following is an attachment to the TU Dip Note that
generally answers each of the questions posed in the
Embassy's June 2004 Dip Note. (Note: The Embassy provided
these questions after consultation with PM/RSAT in response
to TGS complaints that the Third Country Transfer process was
too slow and asking what information TGS could provide to
speed up the review.

BEGIN TEXT:

THE TURKISH EXPLANATIONS
REGARDING THE BASELINE QUESTIONS
ON THIRD PARTY TRANSFERS

QUESTION 1: Who is the proposed recipient of the article or
service? Is it a government or is it a private entity?
EXPLANATION 1: The proposed recipients of the articles or
services are the respective Ministries of Defense of friendly
and allied countries. However, these recipients may also be
some private institutions. There are difficulties in
pre-determining the name of the relevant company or private
entity in advance specifically due to the bidding processes
and conditions.

QUESTION 2: Who are the points of contact (including name
and telephone number) for the divesting government, the
proposed recipient, and any intermediaries?

EXPLANATION 2: Intermediary institutions or people are not
involved in third party transfer operations of the articles.
The points of contact of the divesting government can only be
determined after the plan for the transfer of articles is
completed. Therefore, it would be appropriate to cancel this
question.

QUESTION 3: If intermediaries are involved, what is their
role?

EXPLANATION 3: Intermediary institutions or people are
not/will not be involved in third party transfer operations
of the articles. Therefore, it will also be appropriate to
cancel this question.

QUESTION 4: What defense article/defense service/technical
data is to be transferred? Please provide as much as
possible.

EXPLANATION 4: The information regarding the defense
articles/defense service/technical data to be transferred to
third parties will be provided as usual.

QUESTION 5: Is this a temporary or a permanent transfer?

EXPLANATION 5: This question can not be addressed at this
stage, since this issue can be determined according to
bilateral agreements on the basis of the respective situation.

QUESTION 6: How did Turkey originally acquire the defense
article, defense service or technical data? Was it through
Foreign Military Sales (FMS), the Military Assistance Program
(MAP), the Excess Defense Articles (EDA) program, drawdown,
or through a direct commercial sale (DCS)?

EXPLANATION 6: The source and method of acquisition of the
US-originated articles added to the inventory of the Turkish
Land Forces between 1950-1970 are not definitely known,
because this information is not included in the records.
However, information regarding the articles added to the
inventory of the Turkish Land Forces through the FMS
programme after the 1970,s is limited by the FMS contracts
and inventory records. It is also understood from various
contacts with the US authorities that the records of these
articles are not available in the US records either. In this
respect, it would be appropriate to cancel this question.

QUESTION 7: Was the defense article, service or technical
data acquired with national funds or as a grant from the
Government of the United States?

EXPLANATION 7: The source and method of acquisition of the
US-originated articles added to the inventory of the Turkish
Land Forces between 1950-1970 are not definitely known,
because this information is not included in the records.
However, information regarding the articles added to the
inventory of the Turkish Land Forces through the FMS
programme after the 1970,s is limited by the FMS contracts
and inventory records. It is also understood from various
contacts with the U.S. authorities that the records of these
articles are not available in the US records either. In this
respect, it would be appropriate to cancel this question.

QUESTION 8: Does Turkey wish to request retention of net
proceeds? If the articles were acquired by grant and were
delivered prior to 1985, Turkey may request a waiver to
retain the net proceeds from the disposition.

EXPLANATION 8: Especially in the case of overseas
operations, as the return of the disposed article is
expensive and it is not found appropriate by the USG to bring
back US-originated articles already reserved for disposal,
and as the cost of the disposal process is almost the same as
the disposed article itself, it would be appropriate not to
demand the net proceeds of the disposed article by the USG.

QUESTION 9: What is the proposed recipient,s planned
end-use for articles?

EXPLANATION 9: It is in conformity with the internationally
established practices for the third party, as the last user,
to officially declare the reason for the use of the article.
Therefore, this information can be provided by the Turkish
side.

QUESTION 10: If defense services (e.g. training) are to be
provided, a detailed account (level and type of maintenance,
access to which specific systems, flight training syllabi,
etc.) must be provided so this information may be conveyed to
the relevant US services for a technology review.

EXPLANATION 10: The issue of providing service (training) to
the third parties can be added to the agenda only if the
granted US-originated article is used in providing that
specific service. This issue can be evaluated on the basis
of the respective situation.

QUESTION 11: What is the original acquisition value of the
defense article, service or technical data?

EXPLANATION 11: The original acquits ion value of the
defense article, service or technical data cannot be
obtained. Therefore, it would be appropriate to cancel this
question.

QUESTION 12: What is the estimated current value of the
defense article, service or technical data?

EXPLANATION 12: It would be appropriate to cancel this
question due to the following reasons:

- Only a subjective evaluation can be made regarding the
actual value of the articles which are granted by the US, yet
not longer produced in the US, as well as of the training
provided in previous years.
- The actual price of the defense articles, services and
technical information can not be known, as there is no
accounting record for the re-utilization of the articles in
the inventory.

QUESTION 13: When did Turkey originally acquire the defense
article, service or technical data?

EXPLANATION 13: The source and method of acquisition of the
US-originated articles added to the inventory of the Turkish
Land Forces between 1950-1970 are not definitely known,
because this information is not included in the records.
However, information regarding the articles added to the
inventory of the Turkish Land Forces through the FMS
programme after the 1970,s is limited by the FMS contracts
and inventory records. It is also understood from various
contacts with the US authorities that the records of these
articles are not available in the US records either. In this
respect, it would be appropriate to cancel this question.

END TEXT.
EDELMAN

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