US embassy cable - 04ANKARA6240

UNCLAS ANKARA 006240 
 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: ETTC, KSTC, PARM, PREL, TU, US 
SUBJECT: EXBS: TURKISH COMMENTS TO LATEST NP COOPERATION 
AND ASSISTANCE AGREEMENT DRAFT 
 
REF: A. STATE 197314 
     B. STATE 156979 
 
1.  This is an action request- see para 4. 
 
2.  We have discussed the latest U.S. draft NP Cooperation 
and Assistance Agreement (ref A) with MFA Arms Control and 
Disarmament, Department Head, Bulent Meric and other MFA 
representatives on several occasions since originally 
delivering it to the GOT on September 15. In early October, 
MFA sponsored an inter-ministerial meeting to review the 
lasted proposal.  On November 3, MFA provided us with 
comments on the latest draft. 
 
3. The following are the requested changes submitted by GOT, 
refered to the text in ref A. (We sent a word document of the 
text with these changes by email to NP/ECC.): 
 
a.  Preamble- Paragraph 4, line 3- insert database, before 
training. 
 
b.  Part II- Change paragraph to read:  "The services, 
database, training, equipment, commodities, supplies and 
technology that are provided free of charge within the scope 
of this Agreement shall not be subject to the imposition of 
taxes (including value added tax, special consumption tax) 
within the territory of the Republic of Turkey." 
 
c.  Part III- line 2 change "examine" to "monitor" 
            - line 3 insert "this" before Agreement 
            - line 4 remove "the reasonableness of the 
request; and" 
            - line 5 change "examinations" to "monitoring" 
 
d.  Part V Paragraph (c)- Change paragraph to read:  "The 
limitation of transfer of title and possession of articles, 
components, and associated support material, related training 
or other services (including plans, specifications, or 
information), or technology shall remain in effect for the 
duration of this Agreement.  When this Agreement is 
terminated, unless otherwise agreed, Turkey shall dispose or 
return such equipment, commodity, supply or technology." 
 
e.  Part VII-  Change paragraph to read:  "The Agreement 
shall enter into force on the date of the last written 
notification that the Parties have fulfilled the national 
procedures required for its entry into force.  It shall 
remain in force for three years and shall be automatically 
prolonged for periods of one year, unless terminated by 
either Party upon giving six months written notice to the 
other. 
 
4.  Action request:  We request the Department review and 
accept the suggested changes to the NP Cooperation Agreement. 
If these changes are acceptable, we request authority to sign 
the Agreement.  Following the signing by both governments, 
the GOT will need to submit the Agreement to their parliament 
for final approval. 
 
5.  Comment: The GOT comments appear intended to make the 
Agreement conform with current Turkish laws for international 
agreements. Both Governments have worked hard on this 
agreement for over two years and the continuation of 
significant parts of the EXBS program depend on the 
completion of this agreement.  Quick evaluation and reply 
would be appreciated. 
EDELMAN