printable banner

U.S. Department of State - Great Seal

U.S. Department of State

Diplomacy in Action

13111 Nigeria - Agreement Regarding Grants under the Foreign Assistance Act of 1961, as Amended, and the Furnishing of Defense Articles, Related Training, and Other Defense Services from the US to Nigeria


   
Share

TREATIES AND OTHER INTERNATIONAL ACTS SERIES 13111

 

 

DEFENSE

 

 

 

 


Agreement Between the
UNITED STATES OF AMERICA
and NIGERIA

Effected by Exchange of Notes
Dated at Abuja July 27 and
August 17, 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.”

 

NIGERIA

Defense

Agreement effected by exchange of notes
Dated at Abuja July 27 and August 17, 2000;
Entered into force August 17, 2000.

EMBASSY OF THE
UNITED STATES OF AMERICA
No. 108
The Embassy of the United States of America presents its compliments to the
Ministry of Foreign Affairs of the Federal Republic of Nigeria and has the honor to refer
to earlier discussions between representatives of the two Governments 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 Government of the Federal Republic of Nigeria.
In accordance with these discussions, it is proposed that the Government of the
Federal Republic of Nigeria agree:
that unless the consent of the Government of the United States of America has
been first obtained, the Government of the Federal Republic of Nigeria shall not:
permit any use of any such defense article or related training or other
defense service by anyone not an officer, employee or agent of the
Government of the Federal Republic of Nigeria;
transfer or permit any officer, employee or agent of the Government of the
Federal Republic of Nigeria to transfer such articles or related training or
other defense services by gift, sale or otherwise; or
use or permit the use of such articles or related training or other defense
services for purposes other than those for which provided;
- 2 -
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;
that the net proceeds of sale received by the Government of the Federal Republic
of Nigeria 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;
that the Government of the Federal Republic of Nigeria 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 Federal Republic of Nigeria; and
- 3 -
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 other authority (except the United States Arms Export
Control Act) subject to the terms and conditions of this agreement. (Transfer
under the United States Arms Export Control Act shall continue to, be governed
by the requirements of that act arid United States regulations applicable to such
transfers).
The Ministry's reply stating that the foregoing is acceptable to the Government of
the Federal Republic of Nigeria shall, together with this note, constitute an agreement
between the two Governments which shall enter into force on the date of the Ministry's
reply.
The Embassy of the United States of America avails itself of this opportunity to
renew to the Ministry of Foreign Affairs of the Federal Republic of Nigeria the
assurances of its highest consideration.
Embassy of the United States of America
Abuja, July 27, 2000
NOTE NO J 932/2000
The Ministry of the Foreign Affairs of the Federal Republic
of Nigeria presents its compliments to the Embassy of the United
States of America and has the honour to refer to the latter's Note
No. 108 of 27th July, 2000, the content of which inter alia states as
follows:
"The Embassy of the United States of America presents its
compliments to the Ministry of Foreign Affairs of the Federal
Republic of Nigeria and has the honor to refer to earlier
discussions between representatives of the two Governments
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 Government of the
Federal Republic of Nigeria.
In accordance with these discussions, it is proposed
that the Government of the Federal Republic of Nigeria
agree:
that unless the consent of the Government of the United
States of America has been first obtained, the Government of
the Federal Republic of Nigeria shall not:
1
permit any use of any such defense article or related
training or other defense service by anyone not an
officer, employee or agent of the Government of the
Federal Republic of Nigeria;
transfer or permit any officer, employee or agent of the
Government of the Federal Republic of Nigeria to
transfer such articles or related training or other
defense services by gift, sale or otherwise; or
use or permit the use of such articles or related training
or other defense services for purposes other than those
for which provided;
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;
that the net proceeds of sale received by the
Government of the Federal Republic of Nigeria 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
2
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;
that the Government of the Federal Republic of Nigeria
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
Federal Republic of Nigeria; and
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 other authority (except the
United States Arms Export Control Act) subject to the
terms and conditions of this agreement. (Transfer
3
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 Ministry's reply stating that the foregoing is acceptable
to the Government of the Federal Republic of Nigeria shall,
together with this note, constitute an agreement between the two
Governments which shall enter into force on the date of the
Ministry's reply.
The Ministry of Foreign Affairs of the Government of the
Federal Republic of Nigeria has the honour to confirm that the
proposals set forth in the Embassy's Note no. 108 of 27th July,
2000, as herein quoted, are acceptable to the Government of the
Federal Republic of Nigeria and that the Embassy's Note and this
Note shall constitute an Agreement between the two Governments
which shall enter into force on this date.
Abuja, 17th August, 2000
Embassy of the United States of America
9 Mambilla Street
Maitama District
ABUJA
4



Back to Top
Sign-in

Do you already have an account on one of these sites? Click the logo to sign in and create your own customized State Department page. Want to learn more? Check out our FAQ!

OpenID is a service that allows you to sign in to many different websites using a single identity. Find out more about OpenID and how to get an OpenID-enabled account.