US embassy cable - 04ANKARA4779

UNCLAS ANKARA 004779 
 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: ETTC, KSTC, PARM, PREL, TU, US 
SUBJECT: EXBS:  UPDATE ON NP COOPERATION AND ASSISTANCE 
AGREEMENT 
 
REF: STATE 156979 
 
1.  This is an action request- see para 4. 
 
2.  We discussed the latest U.S. draft  EXBS agreement 
(reftel) with MFA DDG for Disarmament Haluk Ilicak on August 
13, 2004.  Ilicak stated that the Turkish government could 
probably accept the proposed U.S. changes in the preamble and 
articles 3 and 7.  However, the proposed addition of part (c) 
to article 5 could not be accepted.  The proposed wording 
that would continue in effect a section of an agreement which 
had been terminated  would be against Turkish law.   Ilicak 
floated a few ideas, that he thought might meet the U.S. need 
for third party assurances while also being acceptable under 
Turkish law, such as extending the duration of the agreement. 
None would provide the perpetual guarantee of the draft. 
 
3.  Comment: Ilicak insists that any clause with a validity 
extending beyond the life of the agreement is contrary to 
Turkish law. This would appear at odds with Turkey's ability 
to provide third country transfer assurances for U.S. origin 
military equipment.  In those cases, the assurances are 
contained in a Letter of Offer and Acceptance (LOA) on the 
individual system in question.  We could take the same tack, 
putting retransfer language in each implementing agreement 
under the EXBS agreement umbrella.  Unlike the umbrella 
agreement, implementing agreements do not require 
parliamentary approval, giving officials more latitude on 
language.  Alternatively, we could try approaching the Turks 
with new language for article 5 (c) that would conform more 
closely to the language on retransfer in LOA's.  Proposed 
language along these lines is in para 5.  End comment. 
 
4.  Action request:  We request authority to share the 
language in para 5 with the GOT.  If this is still 
unacceptable to the Turks, we request the authority to drop 
article 5 (c) while informing the GOT that retransfer will 
need to be addressed in each implementing agreement. 
 
5.  Begin proposed text: 
 
      (c)  Turkey will not transfer title to, or possession 
of , the articles, components and associated support 
materiel, related training or other services (including 
plans, specifications, or information), or technology 
furnished under this agreement to anyone who is not an 
officer, employee, or agent of the GOT, and shall not use or 
permit their use for purposes other than those authorized, 
unless the written consent of the USG has first been 
obtained. Turkey will ensure , by all means available to it, 
respect for proprietary rights in any items and any plans, 
specifications, or information furnished, whether patented or 
not. This limitation on transfer of title and  possession of 
articles, components and associated support  materiel, 
related training or other services (including plans, 
specifications, or information), or technology shall remain 
in effect for the serviceable life of all equipment, 
commodities, supplies and technology.  When the end of 
serviceability is reached or Turkey determines that it is no 
longer in need of this equipment, commodity, supply or 
technology, Turkey will coordinate with the United States, in 
writing, the disposal or transfer of such equipment, 
commodity or technology. 
 
End Text. 
 
 
EDELMAN