VZCZCXRO5782
PP RUEHBZ RUEHGI RUEHMA
DE RUEHC #6914/01 0222256
ZNR UUUUU ZZH
P 222249Z JAN 10
FM SECSTATE WASHDC
TO RUEHLC/AMEMBASSY LIBREVILLE PRIORITY 6149
INFO RUEHGI/AMEMBASSY BANGUI PRIORITY 1582
RUEHBZ/AMEMBASSY BRAZZAVILLE PRIORITY 1853
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UNCLAS SECTION 01 OF 03 STATE 006914 
 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: EAID KTIA MARR PREL MASS
SUBJECT: END USE, SECURITY, AND RETRANSFER AGREEMENT WITH 
THE ECONOMIC COMMUNITY OF CENTRAL AFRICAN STATES (CEEAC) 
 
REF: A. 09STATE108057 
     ¶B. 09STATE109276 
 
SUMMARY 
------- 
 
¶1.  (U)  This is an action request (see paragraphs 2-5).  The 
Department requests Post provide appropriate Economic 
Community of Central African States (CEEAC) officials with 
the proposed text for a Section 505 agreement.  Section 505 
of the Foreign Assistance Act of 1961, as amended, requires 
that the USG obtain end-use, security, and retransfer 
assurances from foreign governments and international 
organizations before furnishing them with any defense 
articles, related training, or other defense services on a 
grant basis.  The United States and the CEEAC have not yet 
entered into an agreement satisfying this requirement.  End 
Summary. 
 
-------------- 
ACTION REQUEST 
-------------- 
 
¶2.  (U)  The Department requests Post present appropriate 
CEEAC officials with the proposed text of an agreement 
(provided at paragraph 7), using talking points provided in 
paragraph 6 to explain the legal requirements and encourage 
CEEAC to enter into an end-use, security and retransfer 
agreement. 
 
¶3.  (U)  Post should present the draft reply diplomatic note 
(paragraph 8) that, if presented by CEEAC to the USG, would 
bring the agreement into force. 
 
¶4.  (U) Post should seek Department guidance if the CEEAC 
Secretariat proposes a reply that departs from this approach 
or in any way rejects the conditions set forth in the U.S. 
note. 
 
¶5.  (U)  The text of the reply should be transmitted via 
cable slugged to PM/RSAT, PM/PPA, AF/RSA, AF/C, AF/S, L/PM, 
and L/T.  Please pouch the original/original note together 
with a certified copy of the Embassy's note, to L/T (Rm. 
5420, HST Attn: Daphne Cook) via registered pouch, and 
include the pouch registration number in the cable.  To 
expedite the review of any exchange of notes, Post should fax 
or e-mail copies of the notes as soon as possible to Daphne 
Cook, unclassified fax: 202-647-9844. 
 
End Action Request. 
 
-------------- 
Talking Points 
-------------- 
 
¶6.  (U)  Post is requested to draw on the talking points 
below when presenting the proposed agreement to CEEAC: 
 
-- The USG is prepared to provide defense articles and 
defense services to the Economic Community of Central African 
States.  A U.S. Presidential Determination recognized that 
"the furnishing of defense articles and defense services to 
the Economic Community of Central African States (CEEAC) will 
strengthen the security of the United States and promote 
world peace." 
 
-- In order to be eligible under U.S. law to receive 
potential assistance, CEEAC and the U.S. Government must 
enter into an agreement regarding the end-use, security, and 
retransfer of any such articles and services. 
 
-- We have prepared a draft text that satisfies this legal 
requirement.  This is the standard agreement that we have 
reached worldwide with other recipients of U.S. grant defense 
articles and services. 
 
-- The agreement says in effect that CEEAC pledges to use the 
articles and services for the purposes specified, and that 
CEEAC will not transfer or dispose of the equipment or 
technology without advance written permission from the United 
 
STATE 00006914  002 OF 003 
 
 
States government. 
 
-- In addition, these end-use assurance agreements are an 
integral part of preventing the proliferation of small arms 
and light weapons, which CEEAC members also support. 
 
-- We hope CEEAC will find this text acceptable and be able 
to reply with the proposed draft response, which would enter 
the agreement into force. 
 
----------------------------------------- 
Agreement Text and Reply Diplomatic Notes 
----------------------------------------- 
 
¶7.  (U)  The following text should be presented to CEEAC via 
diplomatic note: 
 
The Embassy of the United States of America presents its 
compliments to the Secretariat of the Economic Community of 
Central African States and has the honor to refer to earlier 
discussions between the United States of America and the 
Economic Community of Central African States regarding grants 
under 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 Economic Community of 
Central African States. 
 
In accordance with these discussions, it is proposed that the 
Economic Community of Central African States agree: 
 
¶A.  That unless the consent of the Government of the United 
States of America has been first obtained the Economic 
Community of Central African States 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 
Economic Community of Central African States; 
 
(II)  Transfer, or permit any officer, employee or agent of 
the Economic Community of Central African States 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 Economic 
Community of Central African States 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 Economic Community of Central African States 
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, and 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 Economic 
Community of Central African States; 
 
¶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 
 
STATE 00006914  003 OF 003 
 
 
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 Economic Community of Central African States' note 
stating that the foregoing is acceptable to the Economic 
Community of Central African States shall, together with this 
note, constitute an agreement between the Government of the 
United States of America and the Economic Community of 
Central African States, which shall enter into force on the 
date of the Economic Community of Central African States' 
note. 
 
End Agreement Text. 
 
¶8. (U) Begin text of proposed reply note: 
 
(Complimentary opening) and acknowledges receipt of the 
Embassy's Note No. (insert number), dated (insert date), 
which reads as follows: 
 
(quote in entirety the text of U.S. note provided in 
paragraph 8) 
 
The Secretariat of the Economic Community of Central African 
States has the honor to confirm that the proposals set forth 
in the Embassy's note and this note in reply shall constitute 
an Agreement between the U.S. Government and the Economic 
Community of Central African States which shall enter into 
force on this date. 
 
End text of reply note. 
 
----------------- 
Points of Contact 
----------------- 
 
¶9. (U) The point of contact for legal questions on section 
505 is L/PM Scott Vesel or Selene Ko.  The Department points 
of contact are Amy Van Buren in PM/RSAT and Julie Chalfin in 
AF/RSA. 
CLINTON