US embassy cable - 05BRASILIA311

UNCLAS SECTION 01 OF 04 BRASILIA 000311 
 
SIPDIS 
 
SENSITIVE 
 
E.O. 12958: N/A 
TAGS: MARR, MASS, PREL, BR, ASPA, POL-MIL Issues 
SUBJECT: U.S.-BRAZIL DEFENSE COOPERATION AGREEMENT (DCA), 
MINISTRY OF DEFENSE DRAFT DOCUMENT 
 
REF: (A) COHEN-MALHEIRO EMAIL 02/01/2005 
(B) 04 BRASILIA 3051 
(C) 04 BRASILIA 1291 
 
1.  (SBU) On January 31, Ministry of Defense (MOD) provided 
Mission with a draft of a proposed bilateral defense 
cooperation accord.  According to MOD contacts, Defense 
Minister/Vice President Jose Alencar supports the draft 
document.  Within MOD, enthusiasm for upcoming SecDef visit 
is reportedly high, and furtherance of bilateral defense 
cooperation is perceived as a cornerstone for the visit. 
(Note: Whether to negotiate a DCA to replace the abrogated 
1952 Mutual Defense Assistance Treaty had been topic of 
discussion with GOB since 2003.)  Mission will provide 
septel its analysis of the draft DCA; see comment, para 3. 
 
2.  (U) Informal Embassy translation from Portuguese of 
Ministry of Defense draft DCA: 
 
ACCORD BETWEEN THE GOVERNMENT OF THE FEDERATIVE REPUBLIC OF 
BRAZIL AND THE GOVERNMENT OF THE UNITED STATES OF AMERICA 
REGARDING COOPERATION IN THE ARENA OF DEFENSE 
 
The Federative Republic of Brazil and the United 
States of America (hereafter referred to as the "Parties" 
and separately as the "Party"), keeping in mind the common 
interest of maintaining peace and security, desiring to 
increase the good and cordial relations between the two 
countries, convinced that these bonds constitute, in 
themselves, a firm guarantee for fruitful cooperation in 
the area of defense; considering that this cooperation can 
be amplified and deepened in various areas of security and 
defense including technology and defense industries; 
keeping in mind the diverse activities and exchanges which 
have already resulted in military cooperation and aware of 
the significant contribution of this cooperation on the new 
international political order in which global security 
represents a fundamental element; and reaffirming the 
intent of promoting and formalizing bilateral relations 
between the two, based upon friendship and cooperation 
which characterize the relationship between the two 
countries; they agree to the following: 
 
ARTICLE 1 
Objective 
 
The cooperation between the Parties, ruled by the 
principles of equality and reciprocity, with regard to the 
respective national legislations and the international 
obligations assumed, has the following as objectives: 
 
A.Promoting cooperation between the parties in issues 
relating to defense, namely in the areas of research 
and development, acquisition of military equipment and 
logistical support; 
 
B.Sharing knowledge acquired as it relates to military 
equipment, as well as in the fulfillment of 
international peacekeeping operations; 
 
C.Sharing knowledge in the areas of science and 
technology; 
 
D.Promoting joint training exercises and joint military 
education programs, as well as the corresponding 
information exchange for such; 
 
E.Collaborating on issues relating to military 
equipment; and 
 
F.Cooperating in other areas within the defense arena 
which could be mutually beneficial. 
 
ARTICLE 2 
Scope of Cooperation 
 
Cooperation between the two parties, in the defense 
arena, should be carried out in the following manner: 
 
A.High-level delegation visits from the defense 
sector; 
 
B.Personnel and technical meetings; 
C.Meetings between equivalent defense institutions; 
 
D.Exchanges of students and instructors from military 
institutions; 
 
E.Participation in courses, exchanges, seminars, 
debates and symposiums; 
 
mposiums; 
 
F.Foreign Exchange Programs between military units; 
G.War ship visits; 
 
H.Cultural and Sporting events; and 
 
I.Development of programs related to applied 
technology within the defense industry, with the 
possibility of private sector participation, of 
strategic interest to the parties. 
 
ARTICLE 3 
Financial Responsibilities 
 
Each party will be responsible for their own expenses as 
follows: 
 
A.The cost for transportation to and from the entry 
point of the host Nation; 
 
B.Personnel related costs, including food and lodging; 
and 
 
C.Costs relative to medical treatment, dental 
treatment, and transferal or evacuation of their 
sick, injured or deceased personnel. 
 
ARTICLE 4 
Medical Assistance 
 
Without prejudice to the aforementioned in Article 3 
C., the parties should provide medical treatment for 
illnesses which occur within their territories during the 
progress of activities within the scope of bilateral 
programs of cooperation, within the defense arena, in 
ena, in 
military medical facilities and, if necessary, in other 
facilities. 
 
ARTICLE 5 
Civil Law Responsibilities 
 
1. One party will not initiate any civil actions against 
the other party or member of the Armed Forces of the other 
party for damages caused during the process of carrying out 
any of the activities which fall within the scope of the 
current agreement. 
 
2. In accordance with the national legislation of the 
host nation, the parties will compensate any damages caused 
to a third party by members of its Armed Forces. 
 
3. If the Armed Forces of both parties were to be 
responsible for damages caused to third parties, both will 
jointly assume responsibility. 
 
ARTICLE 6 
Handling of Classified Materials 
 
1. Protection of defense related classified materials 
which may be exchanged between the parties will be 
controlled by a supplementary protection agreement for the 
reciprocal handling of classified material which will be 
agreed upon between the parties in accordance with the 
the 
guidelines established in Article 7. 
 
2. Until the supplementary agreement mentioned in the 
previous paragraph takes effect, all classified defense 
information exchanged directly between the parties and 
information of common interest obtained by other means, by 
either of the parties, will be protected in accordance with 
the following principles: 
 
A.The receiving party will not disseminate the 
information to third party nations without prior 
approval from the issuing party. 
 
B.The receiving party will maintain the same 
classification as that which was designated by the 
issuing party and will take the necessary handling 
measures accordingly. 
 
C.The information will only be used for the end 
purpose for which it was given or obtained. 
 
3. The respective responsibilities and obligations of the 
parties regarding the security and handling provisions of 
classified material will remain in effect, regardless of 
the termination of this agreement. 
 
ARTICLE 7 
Supplementary Protocol 
 
col 
 
1. With the consent of the parties, supplementary 
protocols can be signed in specific areas of cooperation, 
in accordance with the terms of this memorandum. 
 
2. Programs with ongoing activities associated with said 
supplementary protocols will be elaborated, developed, and 
implemented by authorized personnel from the Ministry of 
Defense of the Federative Republic of Brazil as well as 
from the Department of Defense of the United States of 
America. 
 
ARTICLE 8 
Implementation of the Accord 
 
1. The parties will create a joint commission called the 
Mixed Defense Commission, hereafter referred to as the 
"MDC", whose principle function will be to promote, develop 
and implement this accord. 
 
2. The MDC will be composed of representatives designated 
by the parties and will be governed by a statute of self- 
sustention. 
 
3. The MDC will convene alternately between Brazil and 
the United States of America on dates predetermined by the 
parties, with said meeting being subject to the 
 the 
availability of funding. 
 
4. Joint cooperation activities identified in the 
meetings of the MDC will be considered plans of bilateral 
cooperation to be implemented by the parties the following 
year. 
 
ARTICLE 9 
Resolution of Controversies 
 
Any dispute related to the interpretation or 
application of this Accord will be resolved via 
consultations and negotiations between the parties within 
the scope of the MDC and, if necessary, via diplomatic 
channels. 
 
ARTICLE 10 
Revision 
 
This agreement can be amended or revised with the 
consent of the Parties via memorandums exchanged through 
diplomatic channels. The amendments will take effect in 
accordance with the stipulations outlined in Article 12. 
 
ARTICLE 11 
Validity and Termination 
1.This agreement will remain in effect until one of the 
parties decides, at any moment, to terminate it. 
 
2.Termination should be notified to the other Party 
either via an official letter or diplomatic channels, which 
will then take effect 90 days after the receipt of the 
the 
respective notification. 
 
3.Termination will not affect current, concrete programs 
and activities taking place which are protected by the 
current Accord, unless the Parties decide otherwise. 
 
ARTICLE 12 
Ratification 
 
The present Accord will take effect on the 30th day 
after the date of receipt of final notification, both via 
written and diplomatic channels, that all of the internal 
legal requisites of both parties, necessary to put the 
present into effect, were concluded. 
 
This agreement is published in both the languages of 
Portuguese and English, ensuring the text of each is 
equally authentic. 
 
Agreed to in Brasilia, theof 
2005. 
 
3.    (SBU) Comment: This MOD draft is the best opportunity in 
a quarter century to achieve a negotiated mil-mil umbrella 
agreement with Brazil, following its abrogation of the 1952 
Mutual Defense Assistance Treaty.  Although not a perfect 
document, in our view it is an excellent start.  Moreover, 
the Ministry believes such a document, without too much 
too much 
alteration, has a very good chance of getting congressional 
approval. 
 
Danilovich