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13112 Kenya - 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 Kenya


   
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TREATIES AND OTHER INTERNATIONAL ACTS SERIES 13112

 

 

DEFENSE

 

 

 

 


Agreement Between the
UNITED STATES OF AMERICA
and KENYA

Effected by Exchange of Notes
Dated at Nairobi July 28 and
August 23, 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.”

 

KENYA

Defense

Agreement effected by exchange of notes
Dated at Nairobi July 28 and August 23, 2000;
Entered into force August 23, 2000.

EMBASSY OF THE
UNITED STATES OF AMERICA
No. 662
The Embassy of the United States of America
presents it compliments to the Ministry of Foreign
Affairs and International Co-operation of the
Government of Kenya 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
Kenya.
In accordance with these discussions, it is
proposed that the Government of Kenya agree that
unless the consent of the Government of the United
States of America has been first obtained, the
Government of Kenya 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 Kenya;
2
transfer or permit any officer, employee or
agent of the Government of Kenya 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 then 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 Kenya in disposing of, with prior
written consent of the Government of the United
States of America, any defense article furnished by
the Government of 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 Kenya 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 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 Kenya; 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. (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.)
3
The Ministry's reply stating that the foregoing
is acceptable to the Government of Kenya 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 and International Co-
operation of the Republic of Kenya the assurances of
its highest consideration.
Embassy of the United States of America.
Nairobi, July 28, 2000
4
MINISTRY OF FOREIGN AFFAIRS AND INTERNATIONAL CO-OPERATION
Telegrams: "FOREIGN AFFAIRS", Nairobi
Telephone : Nairobi 334433
Telex : Nairobi 22003
Fax : 335494
When replying please quote
HARAMBEE AVENUE
P.O. Box 30551
NAIROBI
KENYA
Ref. No.MFA. 231/28A
Date
The Ministry of Foreign Affairs and International Co-
operation of the Republic of Kenya presents its
compliments to the Embassy of the United States of
America and has the honour to refer to earlier discussions
between the 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 Kenya.
In accordance with these discussions, the Government of
Kenya accepts the proposals contained in the Embassy's
Note No. 662 of July 28, 2000 and agrees that unless the
consent of the Government of the United States of
America has been first obtained, the Government of Kenya
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
Kenya;
transfer or permit any officer, employee or agent of
the Government of Kenya 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 Kenya in disposing of, with prior
written consent of the Government of the United States
of America, any defense article furnished by the
Government of 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 Kenya 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 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 Kenya;
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
2
the United States Arms Export Control Act) subject to
the terms and conditions 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).
The aforesaid Note shall together with this Note constitute
an agreement between the two governments and shall enter
into force on the date of the present Note.
The Ministry of Foreign Affairs and International Co-
operation of the Republic of Kenya avails itself of this
opportunity to renew to the esteemed Embassy of the
United States of America, the assurances of its highest
consideration.
23rd August, 2000
NAIROBI.
Embassy of the United States
Of America
NAIROBI.
3



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