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13097 Brazil - Agreement Regarding Grants under the Foreign Assistance Act of 1961, as Amended, and the Furnishing of Defense Articles from the US to Brazil


   
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TREATIES AND OTHER INTERNATIONAL ACTS SERIES 13097

 

 

DEFENSE

 

 

 

 


Agreement Between the
UNITED STATES OF AMERICA
and BRAZIL

Effected by Exchange of Notes
Signed at Washington June 2, 2000

 

 

 

 


 

NOTE BY THE DEPARTMENT OF STATE

Pursuant to Public Law 89—497, approved July 8, 1966
(80 Stat. 271; 1 U.S.C. 113)—

“. . .the Treaties and Other International Acts Series issued
under the authority of the Secretary of State shall be competent
evidence . . . of the treaties, international agreements other than
treaties, and proclamations by the President of such treaties and
international agreements other than treaties, as the case may be,
therein contained, in all the courts of law and equity and of maritime
jurisdiction, and in all the tribunals and public offices of the
United States, and of the several States, without any further proof
or authentication thereof.”

 

BRAZIL

Defense

Agreement effected by exchange of notes
Signed at Washington June 2, 2000;
Entered into force October 19, 2000.

DEPARTMENT OF STATE
WASHINGTON
Excellency:
I have the honor to refer to earlier discussions
between the representatives of our two governments
regarding grants under the Foreign Assistance Act of 1961,
as amended, or successor legislation, and the furnishing of
defense articles from the United States of America to the
Government of the Federative Republic of Brazil.
In accordance with those discussions, I have the honor
to propose that the Government of the Federative Republic
of Brazil agree:
A. That the Government of the Federative Republic of
Brazil shall not, unless the consent of the Government of
the United States of America has been first obtained:
(i) permit any use of any such defense articles or
related training or other defense services by anyone
not an officer, employee or agent of the Government of
the Federative Republic of Brazil;
(ii) transfer or permit any officer, employee or agent
of the Government of the Federative Republic of Brazil
to transfer such articles or related training or other
defense services by gift, sale or otherwise;
His Excellency
Rubens Antonio Barbosa,
Ambassador of Brazil.
2
(iii) use or permit the use of such articles or related
training or other defense services for purposes
other than those for which provided;
B. That said articles or related training or 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 Federative Republic of Brazil in
disposing of, with prior written consent of the United
States of America, any defense related articles furnished
by the Government of the United States of America on a
grant basis, including scrap from any such defense
articles, shall be paid to the Government of the United
States of America;
D. That the Government of the Federative Republic of
Brazil shall maintain the security of such articles,
related training, and other defense services; that it
shall provide substantially the same degree of security
protection afforded to such articles or related training
or other defense services by the Government of the United
States of America; that it shall, as the United States
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 Government of the
Federative Republic of Brazil; and
E. That the Government of the United States of America
may also from time to time make the provision of
other defense articles, related training and other
defense services furnished under authority (except
the United States Arms Export Control Act) subject
to the terms of this Agreement. (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.)
If the proposal set forth here in acceptable to the
Government of the Federative Republic of Brazil, I have
the honor to propose that this note together with Your
Excellency's reply to that effect shall constitute an
agreement between our two governments, which shall enter
into force on the date that the Government of the
Federative Republic of Brazil informs the Government of
the United States of America that all of the internal
legal requisites in Brazil have been completed.
3
Accept, Excellency the renewed assurances of my
highest consideration.
For the Secretary of State
6/2/00
4
U.S. Department of State
Office of Language Services
Translating Division
LS No. 1210034
JPM/ME
Portuguese
Washington, June 2, 2000
Excellency:
I have the honor to acknowledge receipt of Your Excellency's note of today, which reads
as follows in Portuguese:
[The Portuguese translation of Secretary Albright's note of June 2, 2000, agrees in all
substantive respects with the original English text, with the following exceptions:
First Paragraph
English:. ...and the furnishing of defense articles from the United States of
America...
Portuguese: ...and the furnishing of defense articles, related training and other defense
services by the United States of America.,..
First Paragraph
English: ...to the Government of the Federative Republic of Brazil.
Portuguese: ...to the Brazilian Government
[Note: This possible discrepancy occurs throughout the translation.]
-2-
Paragraph D
English: ...that it shall, as the United States may require, permit continuous
observation and review by, and furnish necessary information to,
representatives....
Portuguese: ...that it shall, as the United States may require, permit continuous
observation and review and furnish necessary information to
representatives....
[Note: The Portuguese text does not make it clear that it is the representatives who are
doing the observing and reviewing.]
I have the honor to inform Your Excellency that the foregoing proposal is acceptable to
the Government of the Federative Republic of Brazil and that Your Excellency's note and this
note in reply shall constitute an agreement between the Federative Republic of Brazil and the
United States of America, which shall enter into force on the date that the Brazilian Government
informs the Government of the United States of America that all internal legal requisites in
Brazil have been completed.
I avail myself of this opportunity to renew to Your Excellency the assurances of my high
consideration.
[Signature]
Rubens Antonio Barbosa
Ambassador of the Federative Republic of Brazil
Her Excellency
Madeleine Albright,
Secretary of State of the
United States of America.



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