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Cablegate: Section 1206: Croatia Agrees to End-Use, Security And

VZCZCXYZ0022
RR RUEHWEB

DE RUEHVB #0745/01 2191252
ZNR UUUUU ZZH
R 071252Z AUG 07
FM AMEMBASSY ZAGREB
TO SECSTATE WASHDC 8005

UNCLAS ZAGREB 000745

SIPDIS

SIPDIS

DEPT FOR EUR/SCE - BALIAN; PM - DAS COULTER, ROSATI;
PM/PPA - O'KEEFE, KWAK, AHERN; L-PM - COFFEE

E.O. 12958: N/A
TAGS: MASS PREL KTIA MARR HR
SUBJECT: SECTION 1206: CROATIA AGREES TO END-USE, SECURITY AND
RETRANSFER ASSURANCES

REF: STATE 102188

1. MFA has delivered a Diplomatic Note dated August 2 confirming the
GoC's decision to accept proposed assurances related to the end-use,
security and retransfer of USG-supplied defense articles, training
and services pursuant to Section 1206 of the National Defense
Authorization Act. Post will provide copies to PM-Rosati for
agreement verification. Full text of diplomatic note follows.

2. BEGIN DIPLOMATIC NOTE TEXT:
No. 4027/07

The Ministry of Foreign Affairs and European Integration of the
Republic of Croatia presents its compliments to the Embassy of the
United States of America in Zagreb and acknowledges receipt of the
Embassy's Note no 38, dated July 24, 2007, which refers to earlier
discussions between representatives of the two governments regarding
the provision of defense articles, related training, and other
defense services on a grant basis pursuant to the Foreign Assistance
Act of 1961, as amended, or successor legislation, and the
furnishing of defense articles, related training, and other defense
services from the United States of America to the Government of the
Republic of Croatia.

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

(II) Transfer, or permit any officer, employee or agent of the
Government of the Republic of Croatia 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 Croatia 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 Croatia 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
Croatia; 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.)

The Ministry of Foreign Affairs of the Government of the Republic of
Croatia has the honor to confirm that the proposals set forth are
accepted by the Government of the Republic of Croatia at its session
on August 2, 2007. The note no. 38 of the Embassy of the United
States of America in Zagreb and this note shall constitute an
Agreement between the two Governments which shall enter into force
on this date.

The Ministry of Foreign Affairs of the Republic of Croatia avails

itself of this opportunity to renew the Embassy of the United States
of America in Zagreb the assurances of its highest consideration.

Zagreb, August 2, 2007
END TEXT.

BRADTKE

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