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Cablegate: Usun Instruction to Execute 607 Agreement with Un

VZCZCXYZ0005
PP RUEHWEB

DE RUEHC #5579 2292002
ZNR UUUUU ZZH
P R 171944Z AUG 09
FM SECSTATE WASHDC
TO RUCNDT/USMISSION USUN NEW YORK PRIORITY 0000
INFO RUEHNR/AMEMBASSY NAIROBI 0000

UNCLAS STATE 085579

SIPDIS

E.O. 12958: N/A
TAGS: KPKO PREL KE KTIA
SUBJECT: USUN INSTRUCTION TO EXECUTE 607 AGREEMENT WITH UN

REF: 09 STATE 014022

1. (U) This is an action request. USUN is instructed to
execute immediately on behalf of the United States the
agreement under Section 607 of the Foreign Assistance Act
between the United States and the United Nations Organization
Concerning the Provision of Services and Commodities on a
Reimbursable Basis in Support of the Operations of the
African Union Mission in Somalia. USUN is requested to,
through either the US Permanent Representative to the UN or
US Deputy Permanent Representative to the UN, sign this
Agreement between the United States and the United Nations
Organization.


TEXT OF AGREEMENT:


AGREEMENT BETWEEN
THE UNITED STATES OF AMERICA
AND
THE UNITED NATIONS ORGANIZATION
CONCERNING
THE PROVISION OF SERVICES AND COMMODITIES ON A REIMBURSABLE
BASIS IN SUPPORT OF THE OPERATIONS OF THE AFRICAN UNION
MISSION IN SOMALIA


PREAMBLE

The United States of America and the United Nations
Organization, hereinafter referred to as the &Parties,8

On the part of the United States of America, as represented
by the Department of State of the United States of America
(hereinafter &Department of State8), acting under the
authority of section 607 of the Foreign Assistance Act of
1961, as amended, and other relevant authority;

On the part of the United Nations Organization, as
represented by the Department of Field Support, in accordance
with United Nations Financial Regulations and Rules, and
other relevant authority;

Noting United Nations Security Council Resolutions 1772
(2007), 1744 (2007), 1863 (2009) and, most recently, 1872
(2009) wherein the Security Council expressed its intent to
establish a United Nations Peacekeeping Operation in Somalia
as a follow-on force to the African Union Mission in Somalia
(AMISOM), subject to further decision of the Security Council
which would take into account inter alia the conditions set
out in the Secretary-General,s report S/2009/210; further
requesting the Secretary General, in order to prepare for
such an action, to provide a United Nations logistical
support package to AMISOM, including equipment and services;

Desiring to establish the terms and conditions for the
provision of assistance by the United States of America at
the request of the United Nations Organization to provide
logistical support for AMISOM, consistent with the support
outlined in UNSCR 1863, with all the costs for United Nations
Organization requested assistance to be reimbursed to the
Department of State by the United Nations Organization;

Have agreed as follows:

ARTICLE I
SCOPE OF PROVISION OF SUPPORT

1. In order to assist the United Nations Organization with
provision of the logistical support to AMISOM and in
accordance with the terms of this Agreement, the Department
of State, at the written request of the United Nations
Organization, may provide to United Nations Organization the
following types of assistance, to the extent they are
available, relating to or in support of AMISOM on a
reimbursable basis:

(a) The services and assistance required for logistics and
equipment support for AMISOM, to include the provision of
airlift support, maintenance and repairs for vehicles and
equipment, renovation work for AMISOM facilities, electrical
wiring for basecamps, medical evacuations, rations, fuel,
lubricants, hygienic materials, firewood, charcoal, office
supplies, deployment equipment, spare parts, FM transmitter
equipment, and water purification chemicals consistent with
the relevant task order Somalia Peacekeeping Operations:
African Union Logistics Support of the Department of State
Africa Peacekeeping contract between Department of State and
Dyncorp (hereinafter &the Contract8) subject to available
funds .

(b) Other, similar types of support services as required
and agreed upon in writing by the Parties.

(c) Requests and reimbursement for the services above shall
not exceed $35 million, unless agreed upon in writing by both
parties.


2. The services to be provided under subsection 1.(a)
above shall be in accordance with the Somalia Peacekeeping
Operations: African Union Logistics Support Scope of Work and
the associated cost proposals entitled &Revision #11:
Updated Aircraft Costs,8 dated June 8, 2009, issued pursuant
to and in accordance with the Contract and incorporated by
reference herein, unless otherwise agreed in writing.
Services provided under subsection 1.(b) above shall be
performed in accordance with the Contract. The Department of
State shall enforce the provisions of the Contract at the
written request of the United Nations Organization so that
the assistance provided pursuant to this Agreement shall be
of equal quality and caliber to that which the Department of
State is entitled pursuant to the Contract.

3. The United Nations may request termination of the
provision of specific goods and services provided under
subsection 1.(a) above with thirty days written notification
to the representative designated by the United States. The
notice period for termination of specific goods or services
provided under subsection 1.(b) above shall be agreed in
writing between the Parties on a case-by-case basis.

ARTICLE II
SUPPORT PROCEDURES AND REQUIREMENTS

1. Unless the written consent of the United States of
America has first been obtained which shall not be
unreasonably withheld, the United Nations Organization shall
not use or permit the use of any assistance provided pursuant
to this Agreement for purposes other than to support AMISOM
under applicable United Nations Security Council resolutions
or for other purposes as may be agreed between the Parties
consistent with this Agreement, or transfer or permit any
officer, employee, or agent of the United Nations
Organization to transfer any assistance provided pursuant to
this Agreement, by gift, sale, or otherwise except as
authorized pursuant to this Agreement and by the United
Nations Financial Regulations and Rules.

2. The Parties agree that the authorized users of any
assistance provided pursuant to this Agreement shall include
all United Nations and African Union personnel (including
contractors) providing support to AMISOM and all authorized
AMISOM personnel.

3. The United Nations Organization shall maintain the
security, to the extent of its capacity, of any assistance
provided pursuant to this Agreement, and shall provide it
substantially the same degree of security protection afforded
by the United States of America.

4. The provision of assistance pursuant to this Agreement
may be made subject to additional terms and conditions as may
be agreed to in individual implementing arrangements executed
in writing between the United States of America, or the
Department of State, and the United Nations Organization
under this Agreement.

5. The Department of State and the United Nations
Organization each waives all claims it may have (other than
claims associated with the reimbursement for assistance
provided hereunder) against the other Party for damage to, or
loss or destruction of, its property or injury or death to
its personnel arising out of activities of the personnel of
the other Party pursuant to this Agreement. Claims of third
parties filed against the Department of State or the United
Nations Organization for damages or loss caused by their
respective personnel, servants, agents or contractors,
(including subcontractors) arising from activities under this
Agreement shall be resolved by the Party against which such
claims are filed in accordance with that Party,s applicable
laws, rules and regulations.

ARTICLE III
IMPLEMENTATION

1. The Department of State shall implement this Agreement
for the United States of America. The Department of Field
Support shall implement this Agreement for the United Nations
Organization.

2. The Department of State and the United Nations
Organization shall each designate a representative to
coordinate United Nations Organization requests for and the
provision by or on behalf of the Department of State of the
services as well as requests to terminate the provision of
specific goods and services under this Agreement.

ARTICLE IV
REIMBURSEMENT PROCEDURES

1. All assistance requested by the United Nations
Organization and provided by the United States of America
under this Agreement shall be fully reimbursed by the United
Nations Organization within the time specified in paragraph 3
of this Article.

2. The cost to be reimbursed by the United Nations
Organization shall not exceed the actual cost incurred by the
Department of State in providing such assistance. In the
event that the Department of State recovers funds from its
contractors or any sub-contractor due to overcharging of
contracts, or otherwise, the Department of State shall refund
to the United Nations Organization any amounts so recoverable
are attributable to payments made by the United Nations
Organization hereunder.

3. The Department of State shall submit written invoices
detailing the costs of assistance provided under this
Agreement to the United Nations Organization. A consolidated
Department of State invoice with supporting documentation
shall be submitted on a monthly basis. The United Nations
Organization shall pay submitted invoices in U.S. dollars to
the Department of State within 60 days after receipt of the
bills submitted pursuant to this Article.

ARTICLE V
ORDERING AND RECEIPT OF EQUIPMENT, SUPPLIES, AND SERVICES

1. The provision of assistance under Article I of this
Agreement shall be accomplished under a Letter of Assist
issued by an authorized United Nations Organization
representative in accordance with United Nations procedures
and consistent with the terms and conditions of this
Agreement.

2. The Letter of Assist shall supply, as necessary, such
additional details regarding, e.g., receipts, delivery
procedures, and accounting shall be agreed upon by the
Parties or their representatives in writing prior to the
delivery of any assistance.

3. In the event of any conflict between the terms and
conditions of this Agreement and any Letters of Assist or any
other request issued by the United Nations, the terms of this
Agreement shall be controlling.

ARTICLE VI
SETTLEMENT OF DISPUTES

Any dispute arising under this Agreement shall be resolved
through consultations between the Parties to this Agreement
or their representatives and shall not be referred to any
third party.

ARTICLE VII
ENTRY INTO FORCE, DURATION, AMENDMENT AND TERMINATION

1. This Agreement shall enter into force upon signature
and shall remain in force through October 30, 2009. This
Agreement (other than paragraphs 1-4 of Article II) shall
apply to assistance provided by the Department of State in
accordance with Article I as of April 22, 2009.

2. This Agreement may be amended by the written agreement
of the Parties and may be terminated by either Party upon 30
days written notification to the other Party.

3. Notwithstanding the termination of this Agreement, the
obligations of the Parties in accordance with Article II and
Article IV of this Agreement shall continue to apply, unless
otherwise agreed in writing by the Parties.

DONE at , this day of , 2009,
in duplicate.

FOR THE UNITED STATES FOR THE UNITED NATIONS:
OF AMERICA:

END TEXT OF AGREEMENT

2. (U) Formatted electronic text will be provided to USUN
separately.

3. (U) Points of contact are: AF/RSA Colonel Michael
Skardon, 202-647-7371, email address
Skardonms@state.sgov.gov; IO/PSC Lieutenant Colonel Douglas
J. Bell, 202-736-7737. Email address belldj@state.sgov.gov

4. (U) The U.S. signed original of the 607 Agreement, the
Letter of Assist, and the agreement referred to in paragraph
2 above, should be sent to the Department (for the attention
of Beverly Holman, L/T, Room 5420, HST Bldg,). A scanned
copy of the signed documents should also be emailed in PDF to
the Department to L/T, to the attention of Beverly Holman.
CLINTON

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