VZCZCXYZ0000
PP RUEHWEB

DE RUEHTU #0164/01 0521441
ZNR UUUUU ZZH
P 211441Z FEB 08
FM AMEMBASSY TUNIS
TO RUEHC/SECSTATE WASHDC PRIORITY 4471
INFO RHMFISS/HQ USEUCOM VAIHINGEN GE PRIORITY
RUEKJCS/SECDEF WASHDC PRIORITY

UNCLAS TUNIS 000164 
 
SIPDIS 
 
SIPDIS 
 
STATE FOR NEA/MAG (HARRIS AND HOPKINS) AND PM/PPA (JOHNSON 
AND KWAK), PM/RSAT (SOIFER), L/PM (COFFEE) AND L/T (COOK) 
OSD FOR ATALLAH 
 
E.O. 12958: N/A 
TAGS: PGOV MARR PREL MASS TS
SUBJECT: TUNISIA CONFIRMS 505 AGREEMENT 
 
REF: A. 07 STATE 158825 
     ¶B. 06 STATE 111362 
 
¶1.  On February 19, Post received a diplomatic note from the 
Ministry of Foreign Affairs dated February 13, 2008, 
confirming Tunisia's agreement with Post's November 23, 2007 
diplomatic note regarding the update of end-use, retransfer 
and security assurances applicable to articles and services 
provided persuant to Section 1206.  The text of the MFA 
diplomatic note, which Post believes is the exact text of the 
required response, is included in para 2. 
 
¶2. As instructed in Ref A, the original MFA diplomatic note 
and a certified copy of Post's diplomatic note #1657 have 
been pouched to Daphne Cook in L/T via registered pouch 
#6147112. Post has also faxed a copy of the note to L/T and 
NEA/MAG. 
 
¶3. Begin Text: 
 
Republic of Tunisia 
Ministry of Foreign Affairs 
30/4163 
 
The Ministry of Foreign Affairs of the Republic of Tunisia 
presents its compliments to the Embassy of the United States 
of America and acknowledges receipt of the Embassy's Note No. 
1657 dated November 23, 2007 which reads as follows: 
 
The Embassy of the United States of America presents its 
compliments to the Ministry of Foreign Affairs of the 
Republic of Tunisia and has the honor to refer to earlier 
discussions between representatives of the two governments 
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, including pursuant to the United States 
International Military Education and Training Program, from 
the United States of America to the Government of the 
Republic of Tunisia pursuant to the Foreign Assistance Act of 
1961, or successor legislation. 
 
In this regard the Embassy refers to the Agreement concerning 
payment to the United States of net proceeds from the sale or 
disposal of defense articles furnished on a grant basis, 
effected by exchange of notes at Tunis on May 21 and June 29, 
1974, as amended, and to the Agreement relating to a program 
of grants of military equipment and material to Tunisia, 
effected by exchange of notes at Tunis on September 12 and 
October 25, 1974. 
 
In accordance with these discussions, it is proposed that the 
Government of the Republic of Tunisia 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 Tunisia 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 Tunisia; 
 
(II)  Transfer, or permit any officer, employee or agent of 
the Government of the Republic of Tunisia 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 Tunisia 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 Tunisia 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 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 Tunisia; 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.) 
 
It is further proposed that this Agreement shall supersede 
the above-referenced 1974 agreement.  This Agreement shall 
apply to defense articles and defense services to which the 
superseded 1974 agreement had applied prior to entry into 
force on the date of the Ministry's note. 
 
The Embassy of the United States of America in Tunis avails 
itself of this opportunity to renew to the Ministry of 
Foreign Affairs the assurances of its highest consideration. 
 
Embassy of the United States of America 
Tunis, November 23, 2007 
 
The Ministry of Foreign Affairs of the Republic of Tunisia 
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 two Governments which shall enter into 
force on this date. 
 
Tunis, February 13th, 2008. 
 
End Text. 
 
Please visit Embassy Tunis' Classified Website at: 
http://www.state.sgov.gov/p/nea/tunis/index.c fm 
GODEC