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Viewing cable 08STATE3557, U.S.-BRAZIL DEFENSE COOPERATION AGREEMENT

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Reference ID Created Released Classification Origin
08STATE3557 2008-01-11 19:40 2011-07-11 00:00 UNCLASSIFIED//FOR OFFICIAL USE ONLY Secretary of State
VZCZCXRO0209
OO RUEHRG
DE RUEHC #3557/01 0111942
ZNR UUUUU ZZH
O P 111940Z JAN 08
FM SECSTATE WASHDC
TO RUEHBR/AMEMBASSY BRASILIA IMMEDIATE 6778
INFO RUEHAC/AMEMBASSY ASUNCION PRIORITY 8518
RUEHBU/AMEMBASSY BUENOS AIRES PRIORITY 2978
RUEHLP/AMEMBASSY LA PAZ PRIORITY 9625
RUEHMN/AMEMBASSY MONTEVIDEO PRIORITY 0521
RUEHSG/AMEMBASSY SANTIAGO PRIORITY 7911
RUEHRG/AMCONSUL RECIFE PRIORITY 4884
RUEHRI/AMCONSUL RIO DE JANEIRO PRIORITY 8070
RUEHSO/AMCONSUL SAO PAULO PRIORITY 8675
RUEAIIA/CIA WASHINGTON DC PRIORITY 8213
RHMFISS/JOINT STAFF WASHINGTON DC PRIORITY
RHEHNSC/NSC WASHINGTON DC PRIORITY 9503
RHMFISS/HQ USSOUTHCOM MIAMI FL PRIORITY 0262
UNCLAS SECTION 01 OF 03 STATE 003557 
 
SIPDIS 
 
SENSITIVE 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: MARR MASS PREL PTER BR
SUBJECT: U.S.-BRAZIL DEFENSE COOPERATION AGREEMENT 
NEGOTIATIONS 
 
1.  (U) This is an action request, please see paragraph 3. 
 
2.  (SBU) The United States Government (USG) is seeking to 
enter into a binding Defense Cooperation Agreement (DCA) with 
the Government of Brazil (GOB), that also contains 
aspirational provisions.  Under Secretary for Political 
Affairs R. Nicholas Burns authorized negotiation and 
conclusion of the DCA by granting Circular 175 authority to 
the Department of Defense (DOD).  Conclusion of this DCA will 
be subject to the concurrence of PM, WHA, L, and DOD. 
 
3.  (SBU) Embassy should provide the note below to the GOB. 
Embassy is requested to report findings by front-channel 
cable no later than Friday, February 1, 2008. 
 
Begin text: 
 
(Complimentary opening) and has the honor to present to the 
Federative Republic of Brazil a proposed Defense Cooperation 
Agreement that will provide the foundation for a new era of 
defense-related cooperation between our two countries.  We 
have the honor to confirm on behalf of the Government of the 
United States of America that the foregoing understanding is 
acceptable to the Government of the United States of America. 
 
The Government of the Federative Republic of Brazil 
(hereafter, "Brazil") and The Government of the United States 
of America (hereafter, the United States), (hereafter 
referred to collectively as "the Parties" and "Party" 
singularly), 
 
Having a common interest in international peace and security, 
and the resolution of international conflicts by pacific 
means; 
 
Desiring to enhance good and cordial relations; 
 
Reaffirming the principles of sovereignty, and 
 
Desiring to enhance defense cooperation: 
 
Have agreed as follows: 
 
ARTICLE 1 
 
Scope 
 
This Agreement, guided by the principles of equality, 
reciprocity and mutual interest, and in compliance with each 
Party,s national legislation, regulations, and assumed 
international obligations, has the purposes of promoting: 
a) cooperation between the Parties in defense-related 
matters, especially in the fields of research and 
development, logistics support, and acquisition of defense 
products and services; 
b) exchanges of information and experiences acquired in the 
field of operations, and in the use of foreign and national 
military equipment, as well as in connection with 
international peacekeeping operations; 
c) the sharing of experiences in defense technology; 
d) engagement in combined military training and education, 
and in joint military exercises, as well as the exchange of 
information related to those issues; 
e) collaboration in subjects related to military systems and 
equipment; and 
f) cooperation in any other military fields that may be of 
mutual interest to the Parties. 
 
ARTICLE 2 
 
Cooperation 
 
Cooperation between the Parties may include: 
a) mutual visits by high-ranking delegations to civil and 
military entities; 
 
STATE 00003557  002 OF 003 
 
 
b) staff talks and technical meetings; 
c) meetings between equivalent defense institutions; 
d) exchanges of instructors and training personnel, as well 
as students from military institutions. 
e) participation in theoretical and practical training 
courses, orientations, seminars, conferences, roundtable 
discussions and symposiums, offered in military and civil 
entities of defense interest, by common agreement between the 
Parties; 
f) visits of naval ships; 
g) cultural and sporting events; 
h) facilitation of commercial initiatives related to defense 
matters; 
i) implementation and development of programs and projects on 
defense technology applications, considering the involvement 
of strategic military and civil entities of each Party. 
 
ARTICLE 3 
 
Financial Arrangements 
 
1.  Unless otherwise mutually agreed, each Party shall be 
responsible for its own expenses, including but not limited 
to: 
a) transportation costs to and from the point of entry into 
the host country; 
b) per diem expenses of personnel, including lodging and 
meals; 
c) medical and dental expenses, as well as those incurred at 
the removal or evacuation of its own sick, injured, or 
deceased personnel. 
 
2.  All activities under this Agreement are subject to the 
availability of resources and funds appropriated for these 
purposes. 
 
ARTICLE 4 
 
Implementation, Supplementary Protocols, and Amendment 
 
1.  The Parties Executive Agents shall facilitate 
implementation of this Agreement.  The Executive Agent for 
Brazil is the Ministry of Defense; the Executive Agent for 
the United States is the Department of Defense. 
 
2.  Supplementary Protocols to implement this Agreement may 
be entered into by written agreement of the Parties, or their 
Executive Agents. 
 
3.  This Agreement may be amended by written agreement of the 
Parties.  Such amendments shall enter into force upon 
notification on the date of the later notifications exchanged 
between the Parties through diplomatic channels indicating 
that their respective internal procedures as are necessary to 
bring such amendments into force have been satisfied. 
 
ARTICLE 5 
 
Settlement of Disputes 
 
Any dispute in connection with the interpretation or 
application of this Agreement shall be resolved through 
consultations and negotiations between the Ministry of 
Defense of Brazil and the Department of Defense of the United 
States of America. 
 
ARTICLE 6 
 
Validity and Termination 
 
This Agreement may be terminated by either Party upon 90 
days, written notice to the other Party through diplomatic 
channels. 
 
ARTICLE 7 
 
Entry into Force 
 
This Agreement shall enter into force upon notification by 
Brazil to the United States through diplomatic channels that 
 
STATE 00003557  003 OF 003 
 
 
all of its internal procedures as are necessary to bring this 
Agreement into force have been satisfied. 
 
Done in Arlington, Virginia on the      day of              , 
2008, in the Portuguese and English languages.  In case of 
any discrepancy or divergent interpretation, the English text 
shall prevail. 
 
The Embassy of the United States of America avails itself of 
this opportunity to renew to the Government of Brazil the 
assurance of its highest consideration. 
 
4.  (SBU) The Department of Defense is willing to lead an 
interagency team to Brasilia to assist the Embassy with 
negotiations. 
 
5.  (U) Please direct all questions and responses related to 
this matter to:  PM/RSAT Jeff Burnett, 
BurnettJC@state.sgov.gov, 202-647-9146; WHA/BSC Benjamin 
Chiang, ChiangBX@state.sgov.gov, 202-647-4994; and James 
Alverson, OSD Policy/WHA, james.alverson@osd.smil.mil, 
703-697-3305. 
 
6.  (U) Embassy's assistance in this effort is greatly 
appreciated. 
RICE