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E.O. 12958: DECL: 10/20/2016 TAGS: NATO, KCFE, MARR, PARM, PREL, TU SUBJECT: TURKEY SUBMITS DRAFT MOU FOR CFE TREATY TANK ENTITLEMENT TRANSFER
REF: A. SEPTEMBER 29 AND OCTOBER 10
SIEBENTRITT/LAURENDEAU EMAILS B. ANKARA 5019 C. ANKARA 1043 D. STATE 27201
Classified By: CDA Nancy McEldowney, reasons 1.4 (b) and (d).
1. During an October 20 meeting on other subjects, MFA Arms Control and Disarmament Department Head Ahmet Muhtar Gun passed to us a draft bilateral MOU for the transfer of 63 CFE Treaty tank entitlements which Turkey has offered in response to our flank entitlement request (refs b-d). Per ref a, the draft MOU does not take into consideration a possible contribution of any other category of equipment.
2. BEGIN TEXT OF DRAFT CFE TANK ENTITLEMENT TRANSFER MOU:
MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE GOVERNMENTS OF THE REPUBLIC OF TURKEY AND THE UNITED STATES OF AMERICA ON THE TRANSFER OF THE CFE TREATY FLANK ENTITLEMENTS
- The United States of America has requested the Republic of Turkey to transfer a number of unused CFE Treaty flank entitlements to accommodate their plans, together with NATO Allies Romania and Bulgaria for joint use of military facilities in the region for rotational training.
- The Republic of Turkey agrees to transfer 63 tank entitlements to the United States of America, in the terms mentioned below;
The Government of the Republic of Turkey and the Government of the United States (hereinafter referred to as the "Parties"),
Considering the provisions of the Treaty on conventional Armed Forces in Europe (Hereinafter referred to as the "CFE Treaty"),
Recalling the importance of bilateral cooperation in the CFE Treaty implementation and acting in the spirit of NATO Alliance solidarity,
Agreed upon the following provisions in order to determine the principles of this transfer.
ARTICLE I: PURPOSE AND SCOPE
The purpose of this MOU is to establish the terms and obligations of this transfer of the CFE Treaty flank entitlements between the Republic of Turkey and the United States of America.
ARTICLE II; THE TERMS AND OBLIGATIONS OF THE TRANSFER
After consultations with the United States of America in accordance with Article VII of the CFE Treaty, The Republic of Turkey agrees to transfer 63 tank entitlements to the United States of America, in the following terms:
a) The transfer shall be on provisional basis, when the United States of America does not need or the Republic of Turkey needs these entitlements, they shall be returned to the Republic of Turkey,
b) The United States of America shall not re-transfer these entitlements permanently to third Parties,
c) The United States of America shall not use these entitlements for other than joint training purposes in Romania and Bulgaria,
d) The transfer shall be realized by using CFE Treaty F04 notifications in which the Republic of Turkey and the United States of America exchange entitlements for the central and flank zones,
e) If any transportation of the military equipment concerned is necessary via Turkish Strits to materialize the transfer, the United States shall ensure full compliance with the relevant provisions of the Montreux Convention of 20 July 1936.
ARTICLE III: RESOLUTION OF DISAGREEMENTS
In the event of any disagreement in the implementation or interpretation of this MOU, the Parties shall initiate negotiations in 30 days to resolve it. The Parties agree to make every effort in good faith to find a solution to the disagreements. If these negotiations do not provide satisfactory results in 90 days, this MOU may be terminated through a written notice by either party within the following 30 days.
ARTICLE IV: VALIDITY AND DURATION
This MOU shall enter into force on the date of its signature by the Parties following the written notification by the Parties of its approval in accordance with their national legislation. The MOU shall automatically terminate when the Adapted CFE Treaty enters into force or the United States of America returns these entitlements to the Republic of Turkey. This MOU may be terminated at any time by written consent of both Parties.
ARTICLE V; TEXT AND SIGNATURE
This MOU has been prepared in Turkish and English language texts of equal validity. In witness whereof the undersigned, duly authorized by their governments, have signed this MOU in two copies.
On behalf of the Government of the United States of America
On behalf of the Government of the Republic of Turkey
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