Cablegate: Exbs: Update On Np Cooperation and Assistance

Published: Tue 24 Aug 2004 09:48 AM
This record is a partial extract of the original cable. The full text of the original cable is not available.
E.O. 12958: N/A
REF: STATE 156979
1. This is an action request- see para 4.
2. We discussed the latest U.S. draft EXBS agreement
(reftel) with MFA DDG for Disarmament Haluk Ilicak on August
13, 2004. Ilicak stated that the Turkish government could
probably accept the proposed U.S. changes in the preamble and
articles 3 and 7. However, the proposed addition of part (c)
to article 5 could not be accepted. The proposed wording
that would continue in effect a section of an agreement which
had been terminated would be against Turkish law. Ilicak
floated a few ideas, that he thought might meet the U.S. need
for third party assurances while also being acceptable under
Turkish law, such as extending the duration of the agreement.
None would provide the perpetual guarantee of the draft.
3. Comment: Ilicak insists that any clause with a validity
extending beyond the life of the agreement is contrary to
Turkish law. This would appear at odds with Turkey's ability
to provide third country transfer assurances for U.S. origin
military equipment. In those cases, the assurances are
contained in a Letter of Offer and Acceptance (LOA) on the
individual system in question. We could take the same tack,
putting retransfer language in each implementing agreement
under the EXBS agreement umbrella. Unlike the umbrella
agreement, implementing agreements do not require
parliamentary approval, giving officials more latitude on
language. Alternatively, we could try approaching the Turks
with new language for article 5 (c) that would conform more
closely to the language on retransfer in LOA's. Proposed
language along these lines is in para 5. End comment.
4. Action request: We request authority to share the
language in para 5 with the GOT. If this is still
unacceptable to the Turks, we request the authority to drop
article 5 (c) while informing the GOT that retransfer will
need to be addressed in each implementing agreement.
5. Begin proposed text:
(c) Turkey will not transfer title to, or possession
of , the articles, components and associated support
materiel, related training or other services (including
plans, specifications, or information), or technology
furnished under this agreement to anyone who is not an
officer, employee, or agent of the GOT, and shall not use or
permit their use for purposes other than those authorized,
unless the written consent of the USG has first been
obtained. Turkey will ensure , by all means available to it,
respect for proprietary rights in any items and any plans,
specifications, or information furnished, whether patented or
not. This limitation on transfer of title and possession of
articles, components and associated support materiel,
related training or other services (including plans,
specifications, or information), or technology shall remain
in effect for the serviceable life of all equipment,
commodities, supplies and technology. When the end of
serviceability is reached or Turkey determines that it is no
longer in need of this equipment, commodity, supply or
technology, Turkey will coordinate with the United States, in
writing, the disposal or transfer of such equipment,
commodity or technology.
End Text.
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