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13132 Guinea - 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 Guinea


   
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TREATIES AND OTHER INTERNATIONAL ACTS SERIES 13132

 

 

DEFENSE

 

 

 

 


Agreement Between the
UNITED STATES OF AMERICA
and GUINEA

Effected by Exchange of Notes
Dated at Conakry July 13 and
December 22, 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.”

 

GUINEA

Defense

Agreement effected by exchange of notes
Dated at Conakry July 13 and December 22, 2000;
Entered into force December 22, 2000.

EMBASSY OF THE
UNITED STATES OF AMERICA
No. 164
The Embassy of the United States of America presents its compliments
to the Ministry of Foreign Affairs and Cooperation of the Government of the
Republic of Guinea 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 Republic of Guinea.
In accordance with these discussions, it is proposed that the
Government of the Republic of Guinea agree that, unless the consent of the
Government of the United States of America has been first obtained, the
Government of the Republic of Guinea 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 Republic of Guinea;
Transfer or permit any officer, employee or agent of the Government of
the Republic of Guinea 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
Republic of Guinea 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 Republic of Guinea 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 Republic of
Guinea; 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.)
The Ministry's reply stating that the foregoing is acceptable to the
Government of the Republic of Guinea 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.
2
The Embassy of the United States of America avails itself of this
opportunity to renew to the Ministry of Foreign Affairs and Cooperation of the
Republic of Guinea the assurance of its highest consideration.
Embassy of the United States of America,
Conakry, July 13, 2000.
3
REPUBLIQUE DE GUINEE
Travail - Justice - Solidarité
Conakry, le -22-12-200
MINISTERE A LA PRESIDENCE CHARGE
DES AFFAIRES ETRANGERES
Note
No 1398 /MPCAEC/PROT/DA
The Ministry of Foreign Affairs and Cooperation of the Government of the
Republic of Guinea presents its compliments to the Embassy of the United
States of America and refers to the Embassy's Diplomatic Note No. 164,
dated July 13, 2000, which reads as follows:
"The Embassy of the United States of America presents its compliments to
the Ministry of Foreign Affairs and Cooperation of the Government of the
Republic of Guinea 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 Republic of
Guinea.
In accordance with these discussions, it is proposed that the Government of
the Republic of Guinea agree that, unless the consent of the Government of
the United States of America has been first obtained, the Government of the
Republic of Guinea 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 Republic of Guinea;
Transfer or permit any officer, employee or agent of the Government of the
Republic of Guinea 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 Republic of Guinea 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 Republic of Guinea 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 Republic
of Guinea; 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.)
The Ministry's reply stating that the foregoing is acceptable to the
Government of the Republic of Guinea 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 and Cooperation of the Government of The
Republic of Guinea has the honor to confirm that the proposals set forth in
the Embassy's note are acceptable to the Government of The Republic of
Guinea and that the Embassy's note and this note in reply shall constitute an
agreement between t two governments which shall enter into force on this
date.
Embassy of the United States of America
Conakry
2



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