VZCZCXRO7806
PP RUEHBZ RUEHGI RUEHMA
DE RUEHC #9276/01 2960452
ZNR UUUUU ZZH
P 221612Z OCT 09
FM SECSTATE WASHDC
TO RUEHLC/AMEMBASSY LIBREVILLE PRIORITY 5698-5699
INFO RUEHGI/AMEMBASSY BANGUI PRIORITY 1463-1464
RUEHBZ/AMEMBASSY BRAZZAVILLE PRIORITY 1657-1658
RUEHJB/AMEMBASSY BUJUMBURA PRIORITY 3017-3018
RUEHKI/AMEMBASSY KINSHASA PRIORITY 0485-0486
RUEHLU/AMEMBASSY LUANDA PRIORITY 1029-1030
RUEHNJ/AMEMBASSY NDJAMENA PRIORITY 4990-4991
RUEHYD/AMEMBASSY YAOUNDE PRIORITY 1651-1652
RUEHMA/AMEMBASSY MALABO PRIORITY 0711-0712
RHMFISS/CDR USAFRICOM STUTTGART GE PRIORITY

UNCLAS SECTION 01 OF 02 STATE 109276 
 
SENSITIVE 
 
C O R R E C T E D  C O P Y (SENSITIVE CAPTION ADDED) 
 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: EAID GB PREL
SUBJECT: REQUEST FOR INFORMATION ON CEEAC CONTROLS OF 
U.S.-ORIGIN DEFENSE ARTICLES 
 
REF: STATE 108057 
 
STATE 00109276  001.2 OF 002 
 
 
 ¶1. (U) Summary: This is an action request; see paragraph 5. 
The Department is seeking preliminary information from 
Economic Community of Central African States (French acronym: 
CEEAC) to determine whether the United States and CEEAC may 
enter into an agreement to transfer defense articles and 
services. End Summary. 
 
BACKGROUND 
---------- 
 
¶2. (SBU) On September 7, President Obama signed a 
Presidential Determination (PD) recognizing that "the 
furnishing of defense articles and defense services to the 
Economic Community of Central African States will strengthen 
the security of the United States and promote world peace." 
The PD for CEEAC is similar to previous PDs for the Economic 
Community of West African States (ECOWAS), the Southern 
African Development Community (SADC), and the African Union 
(AU) and is intended to enable the USG to provide targeted 
assistance to this African entity to increase peacekeeping 
and crisis response capacity, strengthen interoperability, 
and improve our mil-to-mil cooperation. 
 
¶3. (SBU) One of several steps required before the U.S. may 
approve transfer of any defense articles and defense services 
to CEEAC is to conclude a "Section 505" agreement with CEEAC. 
Such agreements establish end use, retransfer, and security 
obligations applicable to, at a minimum, defense articles and 
defense services provided on a grant basis pursuant to the 
Foreign Assistance Act of 1961, as amended (FAA).  To prepare 
for negotiations on a Section 505 agreement with CEEAC, the 
Department requires preliminary information from CEEAC about 
its authority, reliability, access, and enforcement 
mechanisms.  The Department requests that Post provide the 
questions in paragraph 5 in writing to, and obtain a response 
in writing from, appropriate CEEAC authorities. 
 
¶4. (SBU) We seek to clearly establish that, should the USG 
provide CEEAC with goods or services in the future, CEEAC is 
willing and able to deny such goods or services to any CEEAC 
member state that is or may in the future be prohibited from 
receiving U.S.-origin goods or services.  Any assistance 
provided to the CEEAC Standby Brigade or other entity would 
be considered on a case-by-case basis and must also comply 
with all relevant existing legal obligations, including, 
where appropriate, all current or future restrictions 
applicable to CEEAC members. 
 
INFORMATION NEEDED FROM CEEAC 
---------------------------- 
 
¶5.  (U) The Department requests that Post engage CEEAC 
leadership at the appropriate level to obtain written answers 
to the following questions.  This information is necessary to 
determine whether the United States and CEEAC may enter into 
a reliable and enforceable Section 505 agreement.  Post is 
also encouraged to draw on the points in reftel when 
approaching the Secretariat. 
 
a. Which CEEAC entity will be responsible for the negotiation 
of the end-use, retransfer and security agreement with the 
United States? 
 
b. Which CEEAC entity/entities will be involved in the 
approval of such an agreement? 
 
c. Will the agreement be approved by the CEEAC Summit (Heads 
of State or Government)? 
 
d. Will the agreement be approved by each CEEAC Member State? 
 Would approval be by vote?  Or, if approval would be by 
"consensus," would "consensus" mean only that there is no 
opposition (abstentions would not hold up the agreement)? 
 
STATE 00109276  002.2 OF 002 
 
 
e. How would CEEAC establish and enforce end-use, retransfer, 
and security obligations? 
 
f. May CEEAC restrict the access to USG-provided articles and 
services by nationals of designated CEEAC Member States? 
 
g. May the Executive Secretary, as custodian of such items, 
restrict the access provided to Secretariat employees based 
upon their nationality? 
 
h. How would the Secretariat secure articles and services 
provided by the USG? 
 
i. Will CEEAC be able to comply with restrictions on use of 
articles and assistance provided by the USG? 
 
j. Would the agreement resulting in the imposition of 
restrictions on access to certain items based on nationality 
be considered to be compatible with the objectives of CEEAC 
and the provisions of the CEEAC Declaration and Charter? 
 
k. Has the CEEAC Tribunal rendered any decisions where issues 
of nationality or national access to CEEAC property were 
raised?  If so, please provide copies of the rulings. 
 
l. What measure would CEEAC take with respect to persons or 
countries that fail to uphold CEEAC obligations? 
 
POINT OF CONTACT 
---------------- 
¶6. (U) Please report results by cable slugged to PM/RSAT, 
PM/PPA, AF/RSA, and L/PM.  PM/RSAT POC is Amy Van Buren. 
CLINTON