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DE RUEHC #5579 2292002
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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