US embassy cable - 05BOGOTA4931

UNCLAS SECTION 01 OF 02 BOGOTA 004931 
 
SIPDIS 
 
SENSITIVE 
 
E.O. 12958: N/A 
TAGS: MASS, MARR, PGOV, KTIA, CO 
SUBJECT: MILITARY GRANT ASSISTANCE: LEGAL REQUIREMENTS 
 
REF: 04 STATE 154815 
 
1. (U) Post delivered reftel amendment request to the 
Colombian government last year proposing to amend bilateral 
military grant assistance agreements.  On April 20, the 
Colombian Foreign Ministry responded, accepting U.S. terms 
outlined in reftel.  Acceptance brings US-Colombian grant 
assistance into compliance with US law. Embassy faxed the GOC 
response to the Department (WHA/AND) in late April. 
 
2. (U) Begin unofficial translation: 
 
Bogota, April 20, 2005 
 
Mr. Ambassador: 
 
I have the honor of addressing Your Excellency with the 
opportunity of referring to the diplomatic note 1703, dated 
July 21, 2004, related to the amendment request of the 
Agreement by Exchange of Notes Regarding the Net Proceeds 
from the sale of Defense Articles Donated by the Government 
of the United States of America, prepared in Bogota, 
September 25, 1992, that states: 
 
"The Embassy of the United States of America presents its 
compliments to the Ministry of Foreign Relations of the 
Republic of Colombia and, referring to and agreement done by 
exchange of notes on August 10 and September 25, 1992, at 
Bogota, concerning payment to the United States of net 
proceeds from the sale of defense articles furnished on a 
grant basis, proposes that the agreement be amended." 
 
The agreement would be amended by replacing "under the 
military assistance program of" with "on a grant basis from" 
in the second paragraph. 
 
As a result of this amendment, the agreement would read as 
follows: 
 
      "The Embassy of the United States of America presents 
its compliments to the Ministry of Foreign Relations of the 
Republic of Colombia and has the honor to refer to recent 
discussions between representatives of the two governments 
regarding provisions of United States law which prohibit the 
United States Government from furnishing defense articles on 
a grant basis to any government unless that government shall 
have agreed to pay to the United States the net proceeds of 
sale received by it in disposing of defense articles so 
furnished. 
 
      "In accordance with that statutory provision, it is 
proposed that the Government of Colombia agree that the net 
proceeds of sale received by the Government of Colombia in 
disposing of any weapon, weapons system, munition, aircraft, 
military boat, military vessel, or other defense article, 
including scrap from any such defense article, received 
heretofore or hereafter on a grant basis from the United 
States Government will be paid to the United States 
Government and shall be available to pay all official costs 
of the United States including all costs relating to the 
financing of international educational activities and 
cultural exchange in which the Government of Colombia 
participates. 
 
      8It is understood that this agreement does not affect 
any prior agreement by the Government of Colombia to return 
to the United States Government any defense articles 
furnished by the United States Government on a grant basis 
when such articles are no longer needed for the purposes for 
which they were furnished, without the consent of the United 
States Government to another disposition. 
 
      "It is further proposed that the Foreign Ministry's 
reply stating that the foregoing is acceptable to the 
Government of Colombia shall, together with this note, 
constitute an agreement between our governments on this 
subject, to be effective from the date of the Foreign 
Ministry's reply. 
 
      "If this proposal is acceptable to the Government of 
the Republic of Colombia, the Embassy proposes that this note 
and the Ministry's affirmative note in reply shall constitute 
an agreement between the two governments 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 Relations of the Republic of Colombia the assurances 
of its highest consideration." 
 
Embassy of the United States of America 
      Bogota, D.C. July 21, 2004 
 
I have the honor to communicate to Your Excellency that the 
Government of the Republic of Colombia accepts the terms of 
the foregoing transcribed note and, therefore, it agrees in 
considering the foregoing note and the ongoing note as an 
Agreement between the two Governments, which shall enter into 
force on the date of the present note. 
 
I avail of this opportunity to reiterate to Your Excellency 
the assurances of my highest and distinguished consideration. 
 
/s/ 
Carolina Barco 
Minister of Foreign Affairs 
 
End text. 
WOOD