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

261404Z Jan 06

UNCLAS SECTION 01 OF 02 ANKARA 000294 
 
SIPDIS 
 
DEPARTMENT FOR PM/RSAT AND EUR/SE 
 
E.O. 12958: N/A 
TAGS: MARR MASS PGOV JO TU
SUBJECT: TURKEY PROVIDES THIRD-PARTY TRANSFER ASSURANCES 
FOR JORDANIAN F-16 UPGRADE 
 
REF: STATE 184538 
 
¶1.  This is an action request -- see para. 4. 
 
¶2.  Embassy received MFA Diplomatic Note no. 
2005/ALGY/534937, dated Jan. 26, 2006, which provides the 
third-party transfer assurances of the Ministry of Defense, 
on behalf of the Government of Turkey, for the depot 
structural and electronic Mid-Life Upgrades which Tusas 
Aerospace Industries, Inc., a Turkish company, has contracted 
to perform on seventeen U.S.-origin F-16 aircraft belonging 
to the Government of Jordan.  Following is the text of the 
diplomatic note. 
 
¶3. Begin Text: 
 
The Ministry of Foreign Affairs of the Republic of Turkey 
presents its compliments to the Embassy of the United States 
of America and refering to the Latter's Note no: 1589, dated 
5 October 2005, regarding the temporary transfer from the 
Government of Jordan of seventeen U.S.-origin F-16 aircraft 
and associated support equipment to Tusas Aerospace 
Industries Inc., Akinci, Turkey for the purpose of performing 
depot structural and electronic Mid-Life Upgrades on the said 
aircraft, has the honor to bring the following to the 
Latter's attention: 
 
The Ministry of Defence of the Republic of Turkey, in 
accordance with the Turkish Law no. 5202, dated 29 June 2004, 
and within the framework of the agreement between the 
Republic of Turkey and the United States of America dated 14 
July 1986, is entitled to provide the necessary assurances 
and guarantees in the field of security of defence industry 
on behalf of the Republic of Turkey. 
 
Within this context the Ministry of Foreign Affairs has the 
honour to state that the Ministry of Defence of the Republic 
of Turkey understands that in keeping with United States laws 
and regulations, the United States of America may consider 
consenting to this transfer only upon being furnished with 
assurances from the Ministry of Defence of Turkey that it 
will not permit Tusas Aerospace Industries Inc. to transfer 
said articles, or any component thereof, by sale, lease, 
release, assignment, loan to any entity, international 
organization, or person not an officer, employee, or agent of 
Tusas Aerospace Industries Inc. or the Government of Turkey, 
or to use said articles, or any component thereof, for any 
purpose other than for that specified. 
 
In accordance with the foregoing, the Ministry of Defence of 
the Republic of Turkey hereby gives its assurances that, 
unless the prior written consent of the Government of the 
United States of America has been first obtained: 
 
(A) It will not permit Tusas Aerospace Industries Inc. to 
retransfer said articles, or any component thereof, by sale, 
lease, release, assignment, loan to any entity, international 
organization, or person not an officer, employee, or agent of 
Tusas Aerospace Industries Inc. Istanbul or to the Government 
of Turkey; 
 
(B) It will not permit Tusas Aerospace Industries Inc. to use 
said articles for any purpose other than performing depot 
structural and electronic Mid-Life Upgrades on the Jordanian 
fleet of F-16 aircraft; 
 
(C) It will ensure that Tusas Aerospace Industries Inc. 
maintain the security of said articles and provide 
substantially the same degree of security protection afforded 
to such articles by the Government of the United States of 
America; and 
 
(D) It will retain the ultimate responsibility for ensuring 
that said articles retained by Tusas Aerospace Industries 
Inc. remain in the territorial boundaries of the Republic of 
Turkey and under the legal jurisdiction of the Government of 
Turkey until such time that said articles are returned to the 
Government of Jordan. 
 
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 America the assurances of its highest 
consideration. 
 
Ankara, January 26, 2006 
End Text. 
¶4. Action Request:  Please advise whether the MFA note is 
acceptable and what further steps we should take, if any. 
WILSON