VZCZCXRO6565
PP RUEHBZ RUEHDU RUEHJO RUEHMR RUEHRN
DE RUEHC #1183/01 3621638
ZNR UUUUU ZZH
P 281633Z DEC 09
FM SECSTATE WASHDC
TO RUEHOR/AMEMBASSY GABORONE PRIORITY 8927
INFO SOUTHERN AF DEVELOPMENT COMMUNITY COLLECTIVE PRIORITY

UNCLAS SECTION 01 OF 03 STATE 131183 
 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: BC EAID KTIA MARR PREL MASS SADC
SUBJECT: END USE, SECURITY, AND RETRANSFER AGREEMENT WITH 
THE SOUTHERN AFRICAN DEVELOPMENT COMMUNITY (SADC) 
 
REF: A. GABORONE 963 
     ¶B. STATE 7798 
     ¶C. STATE 18852 
 
SUMMARY 
------- 
 
¶1.  (U)  This is an action request (see paragraphs 2-5).  The 
Department requests Post provide appropriate SADC officials 
with the proposed text for a Section 505 agreement.  Section 
505 of the Foreign Assistance Act of 1961, as amended, 
requires that the USG obtain end-use, security, and 
retransfer assurances from foreign governments and 
international organizations before furnishing them with any 
defense articles, related training, or other defense services 
on a grant basis.  The United States and the Southern African 
Development Community (SADC) have not yet entered into an 
agreement satisfying this requirement.  End Summary. 
 
-------------- 
ACTION REQUEST 
-------------- 
 
¶2.  (U)  The Department requests Post present appropriate 
SADC officials with the proposed text of an agreement 
(provided at paragraph 7), using talking points provided in 
paragraph 6 to explain the legal requirements and encourage 
SADC to enter into an end-use, security and retransfer 
agreement. 
 
¶3.  (U)  Post should present the draft reply dip note 
(paragraph 8) that, if presented by SADC to the USG, would 
bring the agreement into force. 
 
¶4.  (U) Post should seek Department guidance if the SADC 
Secretariat proposes a reply that departs from this approach 
or in any way rejects the conditions set forth in the U.S. 
note, Post should seek Department guidance. 
 
¶5.  (U)  The text of the reply should be transmitted via 
cable slugged to PM/RSAT, PM/PPA, AF/RSA, AF/S, L/PM, and 
L/T.  Please pouch the original/original note together with a 
certified copy of the Embassy's note, to L/T (Rm. 5420, HST 
Attn: Daphne Cook) via registered pouch, and include the 
pouch registration number in the cable.  To expedite the 
review of any exchange of notes, Post should fax or e-mail 
copies of the notes as soon as possible to Daphne Cook, 
unclassified fax: 202-647-9844. 
 
End Action Request. 
 
-------------- 
Talking Points 
-------------- 
 
¶6.  (U)  Post is requested to draw on the talking points 
below when presenting the proposed agreement to SADC: 
 
-- The USG is prepared to provide defense articles and 
defense services to the Southern African Development 
Community.  A U.S. Presidential Determination recognized that 
"the furnishing of defense articles and defense services to 
the Southern African Development Community (SADC) will 
strengthen the security of the United States and promote 
world peace." 
 
-- In order to be eligible under U.S. law to receive 
potential assistance, SADC and the U.S. Government must enter 
into an agreement regarding the end-use, security, and 
retransfer of any such articles and services. 
 
-- We have prepared a draft text that satisfies this legal 
requirement.  This is the standard agreement that we have 
reached worldwide with other recipients of U.S. grant defense 
articles and services. 
 
-- The agreement says in effect that SADC pledges to use the 
articles and services for the purposes specified, and that 
SADC will not transfer or dispose of the equipment or 
technology without advance written permission from the United 
States government. 
 
-- In addition, these end-use assurance agreements are an 
integral part of preventing the proliferation of small arms 
and light weapons, which SADC members also support. 
 
-- We hope SADC will find this text acceptable and be able to 
 
STATE 00131183  002 OF 003 
 
 
reply with the proposed draft response, which would enter the 
agreement into force. 
 
----------------------------------------- 
Agreement Text and Reply Diplomatic Notes 
----------------------------------------- 
 
¶7.  (U)  The following text should be presented to SADC via 
diplomatic note: 
 
The Embassy of the United States of America presents its 
compliments to the Secretariat of the Southern African 
Development Community and has the honor to refer to earlier 
discussions between the United States of America and the 
Southern African Development Community 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, from the United States 
of America to the Southern African Development Community. 
 
In accordance with these discussions, it is proposed that the 
Southern African Development Community agree: 
 
¶A.  That unless the consent of the Government of the United 
States of America has been first obtained the Southern 
African Development Community 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 
Southern African Development Community; 
 
(II)  Transfer, or permit any officer, employee or agent of 
the Southern African Development Community 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 Southern 
African Development Community 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 Southern African Development Community 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, and 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 observation 
and review by, and furnish necessary information to, 
representatives of the Government of the United States of 
America with regard to the use thereof by the Southern 
African Development Community; 
 
¶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.) 
 
The Southern African Development Community's note stating 
that the foregoing is acceptable to the Southern African 
Development Community shall, together with this note, 
constitute an agreement between the Government of the United 
States of America and the Southern African Development 
Community, which shall enter into force on the date of the 
Southern African Development Community's note. 
 
End Agreement Text. 
 
¶8. (U) Begin text of proposed reply note: 
 
STATE 00131183  003 OF 003 
 
 
(Complimentary opening) and acknowledges receipt of the 
Embassy's Note No. (insert number), dated (insert date), 
which reads as follows: 
 
(quote in entirety the text of U.S. note provided in 
paragraph 8) 
 
The Secretariat of the Southern African Development Community 
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 U.S. Government and the Southern 
African Development Community which shall enter into force on 
this date. 
 
End text of reply note. 
 
----------------- 
Points of Contact 
----------------- 
 
¶9. (U) The point of contact for legal questions on section 
505 is L/PM Scott Vesel or Selene Ko.  The points of contact 
for political-military issues are Amy Van Buren in PM/RSAT 
and Rachel Schaab in PM/PPA. 
CLINTON