Introduction

The U.S. Government requires recipients of U.S.-origin defense articles, services, or technical data to obtain written consent from the Department of State prior to transfer, disposal, or change of end-use of its U.S.-origin articles, services, or data. Such approval is required for all transfer, change of end-use or destination not previously authorized in the original acquisition. Included are defense articles and technical data obtained through the U.S. Government Foreign Military Sales (FMS) Program, Grants (i.e. Military Assistance Program or Excess Defense Article), or Direct Commercial Sales. PM/RSAT is only responsible for processing third party transfers involving FMS and grant-origin defense articles. If transfer involves Direct Commercial Sale equipment, the divesting country should contact the Department’s Directorate of Defense Trade Controls, Bureau of Political-Military Affairs (PM/DDTC).

Given the possible complexities of arms transfer decisions and the multiple U.S. interests involved in each arms transfer, decisions are made on a case-by-case basis. All third party transfer requests are reviewed on a case-by-case basis, undergo interagency review and are guided by arms transfer laws, general criteria and specific third party transfer of arms law, regulations, and policies.


Legal Basis (Section 3 and Net Proceeds)

Each third party transfer submitted to PM/RSAT for approval undergoes a legal review to ensure it meets the requirements outlined in the Arms Export Control Act AECA (AECA) and the Foreign Assistance Act (FAA).

§ 3(a) of the AECA specifically addresses third party transfers:

“In considering a request for approval for any transfer of any weapon, weapons system, munitions, aircraft, military boat, military vessel, or other implement of war to another country, the President will not give his consent…to the transfer unless the United States would itself transfer the defense article under consideration to that country.”

Third party transfers when grant equipment is involved:

Grant (Military Assistance Program (MAP), Excess Defense Articles (EDA), Foreign Military Funding (FMF)). In terms of grant U.S.-origin equipment, the same laws, regulations, and policy apply to third party transfer, disposal and change of end-use of FMS, except for the issue of net proceeds. Recipients of MAP equipment hold title to the equipment, if a recipient decides to transfer or dispose of its grant articles, the FAA requires all net proceeds be returned to the USG from disposal or sale of grant equipment transferred after 1985. State may waive net proceeds in cases dealing with pre-1985 grant equipment. Returned net proceeds go to the FMF account and can then be reused within the account for other FMF priorities. As FMF accounts shrank through the 1990’s, these proceeds were an important source of additional funding to support the Secretary’s priorities. Returned net proceeds go to the FMF account and can then be reused within the account when weighed with the Secretary’s other priorities.

What Constitutes a Violation of End-Use Assurances?

Ask: Does title remain with an officer, employee, or agent of the government? Does an officer, employee, or agent of the government retain possession and control of the articles or related training or technology associated with them? Is the government providing substantially the same degree of security afforded to such articles or related training or services by the U.S. Government? Is the article, training, or service being used solely for internal security, legitimate self-defense, to participate in regional or collective measures consistent with the UN Charter [1] or, in less developed countries, for civic action activities?
Answer: YES

No Violation

No Violation

No Violation

No Violation

Answer: NO

Probable
Violation

Probable
Violation

Probable
Violation

Probable
Violation

____________________

[1] Use of an article, training, or service would be consistent with the UN Charter if it:

  • Assists the United Nations.
  • Involves activities consistent with maintaining international peace and security.
  • Is not used in a way that would involve the threat or use of force against the territorial integrity or political independence of any state.
  • Is not used to give assistance to any state against which the United Nations is taking preventive or enforcement action.

Congressional Notification of Transfers

Third party transfers are subject to requirements for Congressional notification under AECA, §3(d) (reference (c)), using guidelines similar to those for AECA, §36(b) (reference (c)) notifications (see Chapter 5, section C5.6). A 30-day prior Congressional notification is required for third-party transfer requests that involve defense articles and services with original acquisition values that fall in one of the following categories: Major Defense Equipment (MDE) with an acquisition value equal to or greater than $14,000,000 for non-North Atlantic Treaty Organization (NATO) recipients and $25,000,000 if the recipient is a member of NATO, Australia, Israel, Japan, New Zealand or Republic of Korea; or any other defense article or related training or defense service with an acquisition value of $50,000,000 or more for non-NATO recipients and $100,000,000 or more for NATO, Australia, Japan, and New Zealand recipients. Approval is granted after the 30-day (including weekends) period has expired if no objections are raised.


Types of Third Party Transfers

Government-to-Government

All U.S.-origin defense articles, services, training, or data require USG authorization before transfer or sale.

Section 3(a) of the AECA specifically addresses third party transfers:

“In considering a request for approval for any transfer of any weapon, weapons system, munitions, aircraft, military boat, military vessel, or other implement of war to another country, the President will not give his consent . . . to the transfer unless the United States would itself transfer the defense article under consideration to that country.”

The divesting government is responsible for submitting the written third party transfer request to the USG for consideration.

Government-to-Private Entity

The Department has a restrictive policy with regard to third party transfers to private entities of U.S.-origin military equipment exported on a government-to-government basis. This is particularly true of defense articles defined as Significant Military Equipment (SME) on the U.S. Munitions List (USML) of the International Traffic in Arms Regulations (ITAR). The Department’s policy of denial has been based on its views that the retransfer of such defense articles to private entities does not support the USG foreign policy interests for which these articles were originally sold or granted to foreign governments. Exceptions to this general policy of denial may be considered on a case-by-case basis.

Disposal

Disposal constitutes a change in end-use for which prior consent from DOS is required. This also applies to scrap items, including unserviceable consumable items, non-consumable items beyond repair, and items where demilitarization or special controls have applied. Items may also become non-defense items through consumable item wear-out, incineration or melting, controlled deep water dumping, or comparable destruction. Cannibalization is viewed as disposal if controlled parts removal causes item migration to non-defense article status. Because the potential for unauthorized disclosure of classified or sensitive information, safety concerns, and other factors vary among countries, DoD disposal procedures are encouraged.

The divesting government is responsible for submitting the written disposal request to the USG for consideration.


Third Party Transfer Process Step-by-Step

Step 1: The divesting government submits an official request to either sell, transfer, change the end-use, or dispose of U.S.-origin equipment acquired via a U.S. Government security assistance program such as Foreign Military Sales (FMS), Excess Defense Articles (EDA) or Military Assistance Program (MAP) to the U.S. Department of State, Bureau of Political-Military Affairs, Office of Regional Security and Arms Transfers (PM/RSAT).

Requirements for Consideration:

Options for sending requests to PM/RSAT*:

  • Via the U.S. Embassy in country;
  • Via the U.S. Office of Defense Cooperation (i.e. SAO, ODC, JUSMAG );
  • Directly to PM/RSAT by email or fax 202-647-9779;
  • Via the divesting government’s embassy based in Washington DC;
  • Via the Security Cooperation Information Portal (SCIP).**

*State recommends sending applications via either U.S. Embassy Security Assistance Offices abroad or through relevant Washington, DC-based foreign Embassy Defense offices to PM/RSAT to ensure efficient processing.

**State is currently making the transition to an online case processing system (the Department of Defense’s Security Cooperation Information Portal (SCIP)). To register for an account please complete the SCIP Registration Form and follow the instructions. For more information on SCIP please visit the web portal.

Step 2: PM/RSAT reviews the request to ensure all information is accurate and complete and that the request meets the requirements of U.S. laws and regulations, as well as Department of State policies.

Step 3: If the legal and policy requirements have been met, PM/RSAT conducts an interagency research/analysis of the articles requested for transfer and proposed recipient(s). The research/analysis process includes, but is not limited to, Department of State regional, functional and legal bureaus/offices, the Defense Security Cooperation Agency (DSCA), Department of Defense weapons and disclosure authorities (e.g. SAF/IA, NAVY/IPO, and USASAC), and other U.S. agencies. Once all responses are received, PM/RSAT prepares a recommendation for decision by the Assistant Secretary, State Department Bureau of Political-Military Affairs for most requests. Some requests require a decision by the Under Secretary of State for Arms Control and International Security.

Step 4: After the Assistant Secretary (or Under Secretary, as appropriate), provides the final decision to PM/RSAT, notification of approval or denial is provided via e-mail to the applicant.


Standard Templates for Third Party Transfers

Standard Third Party Transfer Questionnaire

Standard Questions for Requests to U.S. for Authority to RETRANSFER Government-Origin Defense Articles

1. Who is the divesting government?

2. What commodity/equipment/service/technical data is to be transferred? (Please provide NSNs) What are the serial numbers? (must be provided for significant military equipment).

3. How did the divesting country originally acquire the defense article(s)?

  • Foreign Military Sale (FMS)? (provide FMS case identifier )
  • Military Assistance Program (MAP)?
  • Excess Defense Article (EDA) grant or sale?
  • Drawdown?
  • Cooperative Development Program?
  • Memorandum of Understanding?
  • Direct Commercial Sale (DCS)? If DCS, don’t do NOT send this questionnaire to PM/RSAT. Contact the Directorate of Defense Trade Controls (DDTC) http://www.pmddtc.state.gov/
  • Was this equipment acquired with national funds or with grant funding such as Foreign Military Financing (FMF)?
  • Other?

4. When was/were the article(s) acquired by the divesting country?

5. What was the original acquisition value in USD$ (necessary for congressional reporting)?

6. What is the current value, in USD$, if applicable?

7. Why does that government wish to divest itself of the equipment?

8. Who is the proposed recipient?

9. Is this a temporary or permanent transfer to the proposed recipient?

10. What is the proposed recipient’s planned end-use for the articles (please provide as much detail as possible)?

11. Does the proposed recipient currently possess this model of equipment?

12. Are there any intermediaries? If so, who? What is their role? Where are they located and what are the points of contact?

13. Will any net proceeds be realized from this sale, transfer, or disposal? If so, what are the estimated net proceeds?

14. Is there a certain date requested for approval? If so, please indicate the date and provide the relevant details.

15. Please provide point of contact details for the divesting government, the proposed recipient, and any intermediaries.

Sample Third Party Transfer Questionnaire

Standard Questions for Requests to the Department of State for Authority to Retransfer Government-Origin Defense Articles

1. Who is the divesting government?

Country A

2. What commodity/equipment/service/technical data is to be transferred? (Please provide NSNs) What are the serial numbers? (must be provided for significant military equipment).

(Be sure to indicate whether the equipment or technical data and if it’s classified or unclassified; be sure to spell out all acronyms not commonly understood; be sure to include the quantity and associated NATO Stock Number (NSNs, where applicable); unit numbers are not necessary)

For example:

The Government of Country A – through its Ministry of Defense – requests the authorization to transfer the following unclassified commodities and technical data:

  • Qty eight (8) AN/ALR 67 (v) 3 Radar Warning Receivers (RWR) – NSN# 1234-567-8907879, and associated technical data;

Or you can insert in a table format such as:

Qty Description NATO stock #
8 AN/ALR 67 (v) 3 Radar Warning Receivers (RWR) NSN 1234-567-8907879
X Associated technical data N/A

3. How did the divesting country originally acquire the defense article(s)? Provide the FMS Case designations. 

See table at Question 5.

4. When was/were the article(s) acquired by the divesting country?

See table at Question 5.

5. What was the original acquisition value (necessary for congressional reporting)?

Basic LOA FMS Case

Transferred item Date Value
FMS Case CN- XX-XXX
(Indicate the “Name” or title of the specific LOA FMS case and the appropriate Amendment, if applicable)
AN/ALR 67 (v) 3 Radar Warning Receivers (RWR) and associated technical data
(Indicate what is specifically being transferred from that FMS case, for example)
4 October 2004
(Date of acquisition)
1. Total Case estimated value = $675,000

(Specific estimated value of transferred commodity per the FMS case Letter of Offer and Acceptance (LOA) or other acquisition documents)

Total Specific transferred Value

$675,000

(This is required for congressional reporting purposes. If the exact amount is not known, please use best estimate)

6. What is the current value, if applicable?

Not Applicable.

(Indicate “Not Applicable” unless the commodity/equipment/service/technical data is being sold.)

7. Why does that government wish to divest itself of the equipment?

Integration onto aircraft of Country A’s Air Force.

(Explain why the divesting government wishes to divest itself of the equipment.
(i.e. this is a temporary transfer to a third party entity (e.g. for repair or upgrade), and the equipment)

8. Who is the proposed recipient?

Company XYZ USA
123 Main Street
Anywhere, USA 01111

Company ABC
456 Elm Street
Anyplace, USA 01112

(Insert the name and address of the Third Party entity(ies)).

9. Is this a temporary or permanent transfer to the proposed recipient?

Temporary

(Indicate if this is a temporary or permanent transfer. You can add more details if required, for example: “This is a temporary transfer. XYZ Company, as the main contractor, requires access to all transferred items in order to support the production line. Company ABC, one of Company XYZ’s sub-contractors, requires access ONLY to the _(commodity)_ because ________.”)

10. What is the proposed recipient’s planned end-use for the articles (please provide as much detail as possible)?

Country A’s Defense Strategy calls for it to replace its aging C-130B model fleet with a newer model. Through a Direct Commercial Sales acquisition between it and Company XYZ USA, Country A purchased a number of C130J aircraft. Several Foreign Military Sales cases were established in support of the main DCS acquisition for the aircraft platforms.

In order to complete the contractual requirements under this modernization project, the following items will need to be installed in every C130J platform. Installation will be conducted as follows:

  • Eight XXXXX receivers sets will be installed onboard each aircraft:
  • Two (2) XXXXXXX, two (2) YYYYYYY, and four (4) ZZZZZZ will each be installed onboard all aircraft.

Specifically, Company ABC, a sub-contractor of Company XYZ USA, requires access to the XXXX Modules because the company has been sub-contracted by Company XYZ to outfit the XXXXXX set receivers on behalf of Company XYZ. Once these XXXX receivers have been assembled/produced by Company ABC, Company XYZ will install all above-mentioned transferred equipment onboard the aircraft during its production.

Company XYZ requires access to the FMS purchased equipment because it is ultimately responsible for the C130J production acting as Country A’s main contractor. Country A is expected to take possession of the end items upon acceptance of each one of the purchased C130J aircrafts or through delivery of the spare components to Country A.

(Be sure to be detailed and concise when responding to this question, covering Who, What, Where, to Whom and Why.)

11. Does the proposed recipient currently possess this model of equipment?

Yes

(Indicate if you believe that the contractor and / or its sub possess or have ever possessed the technology you are transferring.)

12. Are there any intermediaries? If so, who? What is their role? Where are they located and what are the points of contact?

No

(Generally, there are no intermediaries.

If there are, they would have not been listed in question 8 as ones requiring access. For example, an intermediary would be an additional company used to warehouse the equipment or the data before the transfer would occur.)

13. Will any net proceeds be realized from this sale, transfer, or disposal? If so, what are the estimated net proceeds?

No

(The answer here would be “no”, unless the goods are being sold or if there are net proceeds after the total cost of the disposal/scrapping of the material is accounted for.)

14. Is there a certain date requested for approval? If so, please indicate the date and provide the relevant details.

As soon as possible

(If this request is linked to an immediate operational requirement, such as for “Operation Enduring Freedom”, describe it here; otherwise, indicate “as soon as possible”. Please provide clear justification if this case needs to be expedited.)

15. Please provide point of contact details for the divesting government, the proposed recipient, and any intermediaries.

Department of Defense of Country A

NAME of Section within that Department
(Full postal address)
POC name and rank if applicable
Spell out position in full – no acronyms; for example Director General Land Engineering Project Manager
Phone:
Email:

Company XYZ

(Full postal address)
POC name and rank if applicable
Spell out position in full – no acronyms; for example Director General Land Engineering Project Manager
Phone:
Email:

Company ABC

(Full postal address)
POC name and rank if applicable
Spell out position in full – no acronyms; for example Director General Land Engineering Project Manager
Phone:
Email:

(Enter only one point of contact for the government and each of the contractor companies. Generally, the contractor point of contact must be the same person who signed the End Use Assurance document.)

Government-to-Government Assurances

Government-Government Third-Party Transfer

(Complimentary Opening) and has the honor to refer to the provisions of United States law that requires the Government of Recipient Country to provide to the Government of the United States of America end-use, retransfer and security assurances before it may consent to the Government of Requesting Country’s request to provide commodity and quantity proposed for transfer to the Government of Recipient Country.

In accordance with the foregoing, the Government of Recipient Country hereby gives its assurances:

  1. That the Government of Recipient Country shall not, unless the prior written consent of the Government of the United States of America has been first obtained:
    • Permit any use of such commodity, including related data and information, by anyone not an officer, employee, or agent of the Government of Recipient Country; and
    • Transfer or permit any officer, employee, or agent of the Government of Recipient Country to transfer such commodity, including related data and information, by gift, sale, or otherwise.
  2. That the Government of Recipient Country will maintain the security of such commodity, including related data and information, and will provide substantially the same degree of security protection afforded by the Government of the United States of America.
  3. That, unless prior written consent of the Government of the United States of America has first been obtained, the Government of Recipient Country will use such commodity, including related data and information, solely for internal security, for legitimate self-defense, for preventing or hindering the proliferation of weapons of mass destruction and of the means of delivering such weapons, to permit the Government of Recipient Country to participate in regional or collective arrangements or measures consistent with the Charter of the United Nations, or otherwise to permit the Government of Recipient Country to participate in collective measures requested by the United Nations for the purpose of maintaining or restoring international peace and security.

For and on behalf of the Government of Recipient Country,

(signature)

Private Entity Assurances

Private Entity Receipt of Third-Party Transfer

I, __FULL NAME _________, as an authorized representative of COMPANY located at FULL ADDRESS, the proposed recipient of COMMODITY AND QTY to be temporarily transferred from the Government of REQUESTING COUNTRY to COMPANY for the purpose of EXACT PURPOSE, hereby provide assurances to the Government of the United States of America on behalf of COMPANY that:

COMPANY, shall not, unless prior written consent of the Government of the United States of America has first been obtained:

  1. Transfer said articles, or any component thereof, by sale, lease, release, assignment, loan, conveyance or any other means to any government (with the exception of the Government of REQUESTING COUNTRY upon the return of said articles), entity, international organization, or person not an officer, employee, or agent of COMPANY.
  2. Use or permit the use of said articles, or any component thereof, for purposes other than to EXACT PURPOSE for the Government of REQUESTING COUNTRY.

Signature: _____________________________ Date: _______________________

Printed Name: ______________________________________________________

Printed Title: _______________________________________________________

Government Over Private Entity Assurances

Country Over Private Entity (COPE) for Third-Party Transfer

(Complimentary opening) and has the honor to refer to the requested transfer of Commodity and Quantity from the Government of Requesting Country to Private Entity, located at Full Address, for the purpose of Exact Purpose.

The Government of Country with legal jurisdiction understands that in keeping with United States laws and regulations, the Government of the United States of America may consider consenting to this transfer only upon being furnished with assurances from the Government of Recipient Country that it will not permit Private Entity to transfer such articles, or any component thereof, by sale, lease, release, assignment, loan, conveyance or any other means to any Government, entity, international organization or person not an officer, employee or agent of Private Entity or the Government of Requesting Country, or to use such articles or any component thereof for any purpose other than for that specified.

In accordance with the foregoing, the Government of Country with legal jurisdiction hereby gives its assurances that unless the prior written consent of the Government of the United States of America has been first obtained:

  1. It will not permit Private Entity to retransfer such commodity, or any component thereof, by sale, lease, release, assignment, loan, conveyance or any other means to any Government, entity, international organization, or person not an officer, employee or agent of Private Entity or the Government of Requesting Country;
  2. It will not permit Private Entity to use such commodity, or any component thereof, for any purpose other than for Exact Purpose;
  3. It will ensure that Private Entity maintains the security of such commodity, or any component thereof, and will provide substantially the same degree of security protection afforded to such articles and information by the Government of the United States of America; and
  4. It will ensure that any technical information retained by Private Entity remains in the territorial boundaries of Country with legal jurisdiction and under the legal jurisdiction of the Government of Country with legal jurisdiction.

For and on behalf of the Government of Country with legal jurisdiction

(Signature)


Blanket End Use, Retransfer, and Security Assurance Program

In September 2000 the Department of State extended an offer to foreign governments to provide blanket end-use, retransfer, and security assurances applicable to the receipt of third party transfers of defense articles, related training, or other defense services originally sold or granted by the United States Government. To date 29 countries and organizations have signed onto the program.

Blanket assurances apply only to the recipient of government-to-government third party transfers of U.S.-sold or granted defense articles, related training, or other defense services (including technical data). Agreeing to these assurances does not constitute blanket U.S. Government consent to any proposed retransfer. The United States Government must still approve retransfer requests from countries with blanket end-use agreements. These assurances do not apply with respect to defense articles, related training, or other defense services (including technical data) exported from the United States via direct commercial sales (DCS).

Blanket assurances signatories:

• Afghanistan

• Albania

• Belgium

• Bolivia

• Canada

• Chile

• Denmark

• Estonia

• Hungary

• Iraq

• Israel

• Italy

• Jordan

• Lebanon

• Latvia

• Lithuania

• Malaysia

• Morocco

• NATO

• New Zealand

• Norway

• Oman

• Paraguay

• Portugal

• Republic of Korea

• Sweden

• Tunisia

• Turkey

• United Arab Emirates


Blanket Country Over Private Entity (COPE) Assurance Program

In February 2014, the Department of State created the Country Over Private Entity (COPE) Assurance Program to help streamline the third party transfer (TPT) review process. Retransfers to private entities residing in partner countries have been governed by separate practices, including the requirement for “Country Over Private Entity” (COPE) assurances. The COPE assurances essentially provide appropriate protections for U.S. – origin technology and equipment on behalf of the country that has legal jurisdiction over the relevant private entity(s) receiving defense articles and/or defense services via the retransfer. Under current policy, the COPE must be signed by the recipient government each time a private entity residing in its legal jurisdiction is a recipient of U.S.-origin technology or equipment. Due to an increase in requests for transfers to private entities – approximately 50% of TPT requests now involve private entities – the Department has initiated a process to allow governments to provide blanket COPEs, if they wish to do so.

Signing a COPE Blanket Assurance Agreement would alleviate the requirement for a foreign government to sign end-use, retransfer and security assurances each time a private entity residing within its legal jurisdiction is to receive U.S.-origin defense articles, related training, or other defense services. A COPE Blanket Assurance Agreement will cover all private entities in the host country.

It is important to stress that signing a COPE Blanket Assurance Agreement does not constitute U.S. Government consent for future TPTs or affect the Department’s decision with respect to a proposed transfer to a private entity. The divesting government, including blanket assurance signatories, would still be required to submit a TPT authorization request and receive Department approval prior to a transfer. Also, the private entity recipient(s) involved are still required to provide end-use, retransfer, and security assurances. However, if the proposed private entity recipient(s) is located in a country in which the recipient government has signed a COPE Blanket Assurance Agreement, the divesting government would not be required to obtain end-use, retransfer and security assurances from the recipient government for the private entity. The POC for all questions related to the Country Over Private Entity (COPE) Blanket Assurance Program is Ms. Sue Plant, TPT Team, Bureau of Political Military Affairs, Office of Regional Security and Arms Transfers (PM/RSAT); (202) 663-3274, e-mail PlantSA@state.gov.

Blanket COPE Standard Template

Blanket Country Over Private Entity (COPE) Standard Template

The Embassy of the United States of America presents its compliments to the Ministry of Foreign Affairs of (Host Country) and has the honor to refer to recent discussions regarding the potential transfer of defense articles and/or defense services from a third government to a private entity that is physically located within the jurisdiction of the Government of (Host Country) (“Private Entity”).

The Government of the United States of America considers consenting to a transfer of defense articles and services from a third country to a Private Entity only upon being furnished with assurances from the Government of (Host Country).

In accordance with the foregoing, the Government of (Host Country) hereby gives its assurances that unless the prior written consent of the Government of the United States of America has been first obtained:

(A) It will not permit a private entity, which has received defense articles and/or services into the jurisdiction of the government of (Host Country), to retransfer said defense Articles and/or services,

or any component thereof, by sale, lease, release, assignment, loan conveyance or any other means to any Government, entity, international organization, or person not an officer, employee or agent of the private entity or the Government of (Host Country);

(B) It will not permit a private entity, which has received defense articles and/or services into the jurisdiction of the government of (Host Country), to use said defense articles and/or services, or any component thereof, for any purpose other than those for which provided;

(C) It will ensure that a private entity, which has received defense articles and/or services into the jurisdiction of the government of (Host Country), maintains the security of said defense articles and/or equipment, or any component thereof, and will provide substantially the same degree of security protection afforded to such articles and information by the Government of the United States of America; and

(D) It will retain ultimate responsibility for ensuring that any technical information retained by a private entity, which has received defense articles and/or services into the jurisdiction of the government of (Host Country), remains in the territorial boundaries of (Host Country) and under the legal jurisdiction of the Government of (Host Country).

The Embassy proposes that if the foregoing is acceptable to the Government of (Host Country), this note, together with the Ministry’s reply, shall constitute an agreement between the two governments (a Country Over Private Entity Blanket Assurance agreement) 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 (Host Country) the assurances of its highest consideration.

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