CHILE 30 SEP 1976 FLITE DOCUMENT NO. 7900012
MEMORANDUM OF AGREEMENT EXECUTED 28 AND 30 SEPTEMBER 1976.
MEMORANDUM OF AGREEMENT ON THE EXCHANGE OF MILITARY PERSONNEL BETWEEN
THE UNITED STATES NAVY AND THE CHILEAN NAVY, AND ON THE GENERAL
CONDITIONS WHICH WILL APPLY TO THE EXCHANGE OF SUCH PERSONNEL.
1. THE UNITED STATES NAVY/CHILEAN NAVY EXCHANGE PROGRAM PROVIDES A
SYSTEM FOR MUTUAL EXCHANGE OF MILITARY PERSONNEL BETWEEN THE TWO
SERVICES. IT IS DESIGNED TO ESTABLISH AN ACTIVE RELATIONSHIP BETWEEN
THE U.S. NAVY AND THE CHILEAN NAVY BY WHICH THE EXPERIENCES,
PROFESSIONAL KNOWLEDGE AND DOCTRINE OF BOTH SERVICES ARE SHARED TO THE
MAXIMUM EXTENT PERMISSIBLE UNDER EXISTING POLICIES OF THE UNITED STATES
AND CHILE.
2. SELECTION CRITERIA: OFFICERS SELECTED FOR EXCHANGE DUTY SHALL
HAVE DEMONSTRATED CAPABILITIES FOR FUTURE HIGH COMMAND AND STAFF
POSITIONS, SHALL BE WELL VERSED IN THE PRACTICES AND DOCTRINES OF THEIR
SERVICE, AND SHALL BE PARTICULARLY QUALIFIED THROUGH EXPERIENCE FOR THE
EXCHANGE POSITIONS WHICH THEY WILL FILL. ENLISTED PERSONNEL SELECTED
FOR EXCHANGE DUTY SHALL HAVE DEMONSTRATED SUPERIOR PROFESSIONAL
PERFORMANCE AND LEADERSHIP IN THEIR RESPECTIVE RATES, AND SHALL BE
PARTICULARLY QUALIFIED THROUGH EXPERIENCE FOR THE EXCHANGE POSITIONS
WHICH THEY WILL FILL.
3. TOUR OF DUTY: THE NORMAL TOUR OF DUTY FOR EXCHANGE PERSONNEL,
EXCLUSIVE OF TRAVEL TIME BETWEEN COUNTRIES, WILL BE TWO YEARS FOR U.S.
NAVY PERSONNEL AND ONE OR TWO YEARS FOR CHILEAN NAVY PERSONNEL. ANY
TIME REQUIRED FOR A FORMAL COURSE OF INSTRUCTION WILL BE IN ADDITION TO
THE NORMAL TOUR. THE PARTICIPATING SERVICES MAY AGREE ON EXCEPTIONS
AND/OR ADJUSTMENTS TO INDIVIDUAL TOURS.
4. NUMBER OF MILITARY PERSONNEL TO BE EXCHANGED: THE NUMBER OF
PERSONNEL TO BE EXCHANGED AT ANY ONE TIME WILL BE AS MUTUALLY AGREED
BETWEEN THE CHIEF OF NAVAL OPERATIONS OF THE U.S. NAVY AND THE CHILEAN
NAVY.
5. DUTIES
A. EXCHANGE PERSONNEL WILL BE ASSIGNED DUTIES BY THE HOST SERVICE
WHICH ARE AGREEABLE TO THE PARENT SERVICE. EXCHANGE PERSONNEL SHOULD
FUNCTION FULLY AS MEMBERS OF THE UNITS TO WHICH THEY ARE ASSIGNED. THE
HOST SERVICE, HOWEVER, UNDERTAKES NOT TO PLACE EXCHANGE PERSONNEL IN
DUTY ASSIGNMENTS IN WHICH DIRECT HOSTILITIES WITH FORCES OF THIRD STATES
ARE LIKELY. SHOULD HOSTILITIES OCCUR UNEXPECTEDLY, INVOLVING A UNIT TO
WHICH EXCHANGE PERSONNEL ARE ASSIGNED, SUCH PERSONNEL SHOULD NOT BE
EMPLOYED IN THE ACTIVE OPERATIONS OF THE HOSTILITIES WITHOUT PRIOR
APPROVAL FROM THE PARENT SERVICE, EXCEPT IN EXTRAORDINARY CIRCUMSTANCES
IN WHICH COMMUNICATION CANNOT BE REASONABLY ESTABLISHED WITH THE PARENT
SERVICE AND THE EXCHANGE PERSONNEL ARE CONSIDERED ESSENTIAL IN THE
OPERATIONS OF THE UNIT EMPLOYED. IN THE LATTER EXTRAORDINARY
CIRCUMSTANCE, THE HOST SERVICE WILL MAKE EVERY EFFORT TO REMOVE EXCHANGE
PERSONNEL FROM ACTIVE PARTICIPATION IN THE HOSTILITIES OF THE UNIT.
B. TRANSFERS OF EXCHANGE PERSONNEL FROM ONE LOCATION TO ANOTHER,
OTHER THAN THOSE TRANSFERS REQUIRED BY SUB-PARAGRAPH A. ABOVE IN THE
EVENT OF HOSTILITIES, MAY BE ORDERED BY THE HOST SERVICE WITH THE PRIOR
CONCURRENCE OF THE PARENT SERVICE.
6. ADMINISTRATION AND CONTROL: EXCHANGE PERSONNEL WILL BE
ADMINISTERED AND CONTROLLED AS PRESCRIBED BY THE PARENT SERVICES:
A. U.S. NAVY PERSONNEL ON EXCHANGE DUTY WITH THE CHILEAN NAVY WILL BE
ADMINISTERED AND CONTROLLED BY COMMANDER, U.S. FIFTEENTH NAVAL DISTRICT,
FORT AMADOR, CANAL ZONE, AND PROVIDED ADMINISTRATIVE SUPPORT BY USDAO
CHILE.
B. CHILEAN NAVY PERSONNEL ON EXCHANGE DUTY WITH THE U.S. NAVY WILL BE
UNDER THE ADMINISTRATION AND CONTROL OF THE CHILEAN NAVAL ATTACHE,
WASHINGTON, D.C.
7. DISCIPLINE: EXCHANGE PERSONNEL WILL COMPLY WITH THE REGULATIONS,
ORDERS, INSTRUCTIONS AND CUSTOMS OF THE HOST SERVICE INSOFAR AS THEY ARE
APPLICABLE. EXCHANGE PERSONNEL ARE SUBJECT TO THE COMMANDS OF THE
OFFICERS SENIOR TO THEM IN RANK OR COMMAND IN THE HOST SERVICE.
PERSONNEL COMMITTING AN OFFENSE UNDER THE LAWS OF EITHER THE PARENT OR
THE HOST SERVICE MAY BE WITHDRAWN FROM THE EXCHANGE PROGRAM WITH A VIEW
TOWARD FURTHER ADMINISTRATIVE OR DISCIPLINARY ACTION TAKEN BY THE PARENT
SERVICE WHEN CONSIDERED NECESSARY. DISCIPLINARY ACTION, HOWEVER, SHALL
NOT BE TAKEN BY THE HOST SERVICE AGAINST EXCHANGE PERSONNEL. THE HOST
SERVICE SHALL ASSIST THE PARENT SERVICE IN INVESTIGATING OFFENSES
COMMITTED BY EXCHANGE PERSONNEL AND IN COLLECTION AND PRODUCTION OF
EVIDENCE FOR USE BY THE PARENT SERVICE IN ADMINISTRATIVE OR DISCIPLINARY
ACTION AGAINST ANY OFFENDER.
8. PROFESSIONAL PROFICIENCIES: THE HOST SERVICE WILL PROVIDE
NECESSARY TRAINING FACILITIES WHEREVER PRACTICABLE SO THAT THE EXCHANGE
PERSONNEL MAY MAINTAIN THEIR PROFESSIONAL PROFICIENCIES IN ACCORDANCE
WITH THE REGULATIONS OF THEIR PARENT SERVICE.
9. LEAVE: EXCHANGE PERSONNEL MAY BE GRANTED LEAVE IN ACCORDANCE
WITH THE REGULATIONS OF THEIR PARENT SERVICE, PROVIDED SUCH LEAVE IS
ALSO APPROVED BY THE PROPER AUTHORITIES OF THE HOST SERVICE.
10. UNIFORM: EXCHANGE PERSONNEL ARE TO COMPLY WITH THE DRESS
REGULATIONS OF THEIR SERVICE AND THE ORDER OF DRESS FOR ANY OCCASION IS
TO BE THAT WHICH MOST NEARLY CONFORMS TO THE ORDER OF DRESS OF THE
PARTICULAR UNIT WITH WHICH THEY ARE SERVING. LOCAL COMMANDING OFFICERS
WILL NOT ISSUE INSTRUCTIONS TO EXCHANGE PERSONNEL WHICH CANNOT BE
COMPLIED WITH BY REASON OF DIFFERENCES IN DRESS REGULATIONS. CUSTOMS OF
THE HOST SERVICE WILL BE OBSERVED WITH RESPECT TO THE WEARING OF
CIVILIAN CLOTHES.
11. MESSING AND QUARTERS: THE HOST SERVICE MAY PROVIDE MESSING
FACILITIES AND FAMILY-TYPE OR SINGLE QUARTERS FOR EXCHANGE PERSONNEL, IF
AVAILABLE, ON THE SAME BASIS AND TO THE SAME EXTENT THAT IT PROVIDES
QUARTERS FOR ITS OWN PERSONNEL. IN ANY CASE, THE HOST SERVICE WILL
RENDER ALL PRACTICABLE ASSISTANCE IN LOCATING AND OBTAINING SUITABLE
HOUSING FOR EXCHANGE PERSONNEL.
12. REPORTS: PERIODIC OR OTHER REPORTS WHICH EXCHANGE PERSONNEL MAY
BE REQUIRED TO MAKE BY THEIR OWN SERVICE OR WHICH THEY WISH TO MAKE
CONCERNING THEIR EXCHANGE DUTIES WILL BE SUBMITTED AS FOLLOWS:
A. U.S. NAVY EXCHANGE PERSONNEL WILL FORWARD THEIR REPORTS, BY
APPROPRIATE SERVICE CHANNELS, THROUGH THE U.S. DEFENSE ATTACHE, CHILE TO
THE CHIEF OF NAVAL OPERATIONS.
B. CHILEAN NAVY EXCHANGE PERSONNEL WILL FORWARD THEIR REPORTS, BY
APPROPRIATE SERVICE CHANNELS, THROUGH THEIR U.S. NAVY COMMANDING OFFICER
TO THE CHILEAN NAVAL ATTACHE, WASHINGTON, D.C.
13. FINANCIAL ARRANGEMENTS: THE U.S. NAVY AND THE CHILEAN NAVY
AGREE TO THE FOLLOWING FINANCIAL ARRANGEMENTS FOR THE U.S. NAVY/CHILEAN
NAVY PERSONNEL EXCHANGE PROGRAM:
A. THE PARENT SERVICE WILL ASSUME RESPONSIBILITY FOR THE FOLLOWING
COMPENSATIONS AND EXPENSES WITH RESPECT TO EXCHANGE PERSONNEL AND THEIR
DEPENDENTS IN ACCORDANCE WITH THE LAWS AND REGULATIONS OF THAT SERVICE:
(1) PAY AND NORMAL ALLOWANCES INCLUDING A COMMUTATION OF QUARTERS,
STATION OR OTHER LOCATION ALLOWANCES WHERE AUTHORIZED, AND SUBSISTENCE;
(2) COMPENSATION FOR LOSS OF OR DAMAGE TO UNIFORMS, PERSONAL
EQUIPMENT, ETC., OF EXCHANGE PERSONNEL;
(3) MEDICAL AND DENTAL TREATMENT OTHER THAN THAT COVERED BY B.(2)
BELOW;
(4) BURIAL AND OTHER EXPENSES INCIDENT TO THE DEATH OF EXCHANGE
PERSONNEL;
(5) EXPENDITURES IN CONNECTION WITH ANY SPECIAL DUTY PERFORMED ON
BEHALF OF THE PARENT SERVICE DURING THE PERIOD OF EXCHANGE.
B. EXCEPT FOR EXPENDITURES COVERED IN A. ABOVE, THE HOST SERVICE WILL
PROVIDE THE FOLLOWING SERVICES FOR EXCHANGE PERSONNEL AND THEIR
DEPENDENTS, AND ASSUME CHARGES THEREFOR, IN ACCORDANCE WITH THE LAWS AND
REGULATIONS OF THAT SERVICE:
(1) TRANSPORTATION, TRAVEL ALLOWANCES, AND OTHER EXPENDITURES IN
CONNECTION WITH ANY TRAVEL WHILE ON DUTY OR TEMPORARY ADDITIONAL DUTY
DIRECTED BY THE HOST SERVICE;
(2) MEDICAL AND DENTAL TREATMENT (EXCLUDING THE PROVISIONS OF
DENTURES) AVAILABLE AT SERVICE HOSPITALS AND OTHER SERVICE UNITS;
(3) FACILITIES TO MAINTAIN PROFESSIONAL PROFICIENCIES; AND
(4) COSTS, INCLUDING APPLICABLE ALLOWANCES, TRAVEL EXPENSES AND
MOVEMENT OF HOUSEHOLD EFFECTS OF EXCHANGE PERSONNEL AND DEPENDENTS IN
CONNECTION WITH THEIR TRANSFER FROM ONE DUTY STATION TO ANOTHER,
INVOLVING A CHANGE IN LOCALITY, ORDERED BY THE HOST SERVICE.
C. ANY CURRENCY PAYMENTS TO EXCHANGE PERSONNEL OF THE U.S. NAVY FOR
WHICH RESPONSIBILITY IS ALLOCATED BY THIS AGREEMENT SHALL BE PAID TO
THEM BY THE CHIEF OF NAVAL OPERATIONS. AN ACCOUNT OF THOSE PAYMENTS FOR
WHICH THE CHILEAN NAVY IS RESPONSIBLE UNDER THIS AGREEMENT SHALL BE
SUBMITTED BY THE CHILEAN NAVAL ATTACHE AT REASONABLE INTERVALS FOR
REIMBURSEMENT. EXCHANGE PERSONNEL FROM THE U.S. NAVY, WHEN SUBMITTING
CLAIMS FOR PAYMENT TO THE U.S. DEFENSE ATTACHE CHILE, SHALL INCLUDE AN
ENDORSEMENT FROM THEIR CHILEAN NAVY COMMANDING OFFICER STATING THE
AMOUNT WHICH WOULD BE PAID ON THE CLAIM UNDER THE APPLICABLE REGULATIONS
OF THE CHILEAN NAVY.
D. ANY CURRENCY PAYMENTS TO EXCHANGE PERSONNEL OF THE CHILEAN NAVY
FOR WHICH RESPONSIBILITY IS ALLOCATED BY THIS AGREEMENT, AND FOR WHICH
THE U.S. NAVY MAY BE RESPONSIBLE, WILL BE PAID DIRECTLY TO THE CHILEAN
NAVY PERSONNEL BY THE U.S. NAVY.
14. PRIVILEGES OF EXCHANGE PERSONNEL
A. TO THE EXTENT AUTHORIZED BY THE LAWS OR ADMINISTRATIVE REGULATIONS
OF THE HOST GOVERNMENT, THE FOLLOWING PRIVILEGES WILL BE AVAILABLE ON A
RECIPROCAL BASIS TO EXCHANGE PERSONNEL AND THEIR DEPENDENTS:
(1) EXEMPTION FROM ANY TAX BY THE HOST GOVERNMENT UPON INCOME
RECEIVED FROM THE PARENT GOVERNMENT;
(2) EXEMPTION FROM ANY CUSTOMS OR IMPORT DUTY LEVIED UPON ARTICLES
IMPORTED FOR THEIR OFFICIAL, PERSONAL, OR FAMILY USE, INCLUDING, INTER
ALIA, THEIR BAGGAGE, HOUSEHOLD EFFECTS AND PRIVATE MOTOR VEHICLES.
ALCOHOLIC BEVERAGES ADMITTED AS ARTICLES FOR PERSONAL OR FAMILY USE ARE
LIMITED TO ONE CASE PER MONTH.
(3) PURCHASING AND PATRONAGE PRIVILEGES AT MILITARY COMMISSARIES,
EXCHANGES, THEATERS AND CLUBS ON THE SAME BASIS AS PERSONNEL OF THE HOST
GOVERNMENT IN EQUIVALENT POSITIONS.
B. THE FOREGOING SUBPARAGRAPH DOES NOT IN ANY WAY LIMIT PRIVILEGES
SET FORTH ELSEWHERE IN THIS AGREEMENT OR OTHERWISE GRANTED BY APPLICABLE
LAWS AND REGULATIONS OF THE HOST GOVERNMENT.
FOR THE CHILEAN NAVY
28 SEPTEMBER 1976
CANADA 30 JUL 1976 FLITE DOCUMENT NO. 7900011
EXCHANGE OF LETTERS EXECUTED 8 JUNE AND 30 JULY 1976; ENTERED INTO
FORCE 1 JULY 1976.
EXCHANGE OF LETTERS CONCERNING THE CONTINUED USE OF THE CHURCHILL
RESEARCH RANGE BY THE UNITED STATES FOR THE PURPOSES OF SOUNDING ROCKET
LAUNCHINGS AND OTHER PEACEFUL SCIENTIFIC ACTIVITIES.
EXTENDS EXCHANGE OF NOTES OF 16 AND 18 NOVEMBER 1970 AS EXTENDED BY
THE EXCHANGE OF NOTES OF 29 JUNE 1973.
NO. ECS-913
EXCELLENCY,
I HAVE THE HONOUR TO REFER TO YOUR NOTE NO. 120 OF JUNE 8, 1976,
CONCERNING THE CONTINUED USE OF THE CHURCHILL RESEARCH RANGE BY THE
UNITED STATES FOR THE PURPOSES OF SOUNDING ROCKET LAUNCHINGS AND OTHER
PEACEFUL SCIENTIFIC ACTIVITES.
I AM PLEASED TO INFORM YOU THAT THE GOVERNMENT OF CANADA ACCEPTS THE
PROPOSALS SET FORTH IN YOUR NOTE AND AGREES THAT YOUR NOTE, TOGETHER
WITH THIS REPLY, WHICH IS AUTHENTIC IN ENGLISH AND FRENCH, SHALL
CONSTITUTE AN AGREEMENT BETWEEN OUR TWO GOVERNMENTS WHICH SHALL ENTER
INTO FORCE TODAY WITH EFFECT FROM JULY 1, 1976 AND REMAIN IN EFFECT
UNTIL JUNE 30, 1979, UNLESS TERMINATED BY EITHER GOVERNMENT ON THREE
MONTHS' WRITTEN NOTICE TO THE OTHER OR UNLESS EXTENDED FOR ADDITIONAL
PERIODS BY MUTUAL AGREEMENT OF OUR TWO GOVERNMENTS.
ACCEPT, EXCELLENCY, THE RENEWED ASSURANCES OF MY HIGHEST
CONSIDERATION.
HIS EXCELLENCY THOMAS O. ENDERS,
AMBASSADOR OF THE UNITED STATES
OF AMERICA.
NO. 120
SIR:
I HAVE THE HONOR TO REFER TO THE AGREEMENT BETWEEN THE GOVERNMENT OF
THE UNITED STATES OF AMERICA AND THE GOVERNMENT OF CANADA AND THE RECENT
DISCUSSIONS BETWEEN REPRESENTATIVES OF OUR TWO GOVERNMENTS CONCERNING
THE SUPPORT OF UNITED STATES ACTIVITIES AT THE CHURCHILL RESEARCH RANGE.
THIS SUPPORT WAS THE SUBJECT OF AN EXCHANGE OF NOTES WITH (ILLEGIBLE
WORD) SIGNED AT OTTAWA NOVEMBER 16 AND DECEMBER 18, 1970 AS EXTENDED BY
AN EXCHANGE OF NOTES SIGNED AT OTTAWA JUNE 29, 1973.
BY ITS TERMS AND CONDITIONS THE AGREEMENT AS AMENDED WILL EXPIRE ON
JUNE 30, 1976, UNLESS EXTENDED FOR ADDITIONAL PERIODS. BECAUSE OF
CONTINUED MUTUAL INTEREST OF BOTH COUNTRIES IN THE RESEARCH PROGRAMS AND
ACCOMMODATION OF UNITED STATES ACTIVITIES AT THE RANGE, I HAVE THE HONOR
TO PROPOSE THAT THE AGREEMENT BE EXTENDED FOR AN ADDITIONAL PERIOD OF
THREE YEARS, THAT IS, UNTIL JUNE 30, 197, UNLESS TERMINATED BY EITHER
GOVERNMENT ON THREE MONTHS' WRITTEN NOTICE TO THE OTHER OR UNLESS
EXTENDED FOR ADDITIONAL PERIODS BY MUTUAL AGREEMENT OF OUR TWO
GOVERNMENTS.
IF THIS PROPOSAL IS ACCEPTABLE TO THE GOVERNMENT OF CANADA, I HAVE
THE FURTHER HONOR TO PROPOSE THAT THIS NOTE TOGETHER WITH YOUR
AFFIRMATIVE REPLY, CONTRIBUTE AN AGREEMENT ON THIS MATTER EFFECTIVE OR
THE DATE OF YOUR REPLY.
THE HONORABLE
ALLAN (ILLEGIBLE WORD)
SECRETARY OF STATE FOR
INTERNAL AFFAIRS,
OTTAWA.
NO. 120
SIR:
I HAVE THE HONOR TO REFER TO THE AGREEMENT BETWEEN THE GOVERNMENT OF
THE UNITED STATES OF AMERICA AND THE GOVERNMENT OF CANADA AND THE RECENT
DISCUSSIONS BETWEEN REPRESENTATIVES OF OUR TWO GOVERNMENTS CONCERNING
THE SUPPORT OF UNITED STATES ACTIVITIES AT THE CHURCHILL RESEARCH RANGE.
THIS SUPPORT WAS THE SUBJECT OF AN EXCHANGE OF NOTES WITH ANNEX SIGNED
AT OTTAWA NOVEMBER 16 AND DECEMBER 18, 1970 AS EXTENDED BY AN EXCHANGE
OF NOTES SIGNED AT OTTAWA JUNE 29, 1973.
BY ITS TERMS AND CONDITIONS THE AGREEMENT AS AMENDED WILL EXPIRE ON
JUNE 30, 1976, UNLESS EXTENDED FOR ADDITIONAL PERIODS. BECAUSE OF
CONTINUED MUTUAL INTEREST OF BOTH COUNTRIES IN THE (ILLEGIBLE SENTENCE)
AT THE RANGE, I HAVE THE HONOR TO PROPOSE THAT THE AGREEMENT BE EXTENDED
FOR AN ADDITIONAL PERIOD OF THREE YEARS, THAT IS, UNTIL JUNE 30, 1978,
UNLESS TERMINATED BY EITHER GOVERNMENT ON THREE MONTHS' WRITTEN NOTICE
TO THE OTHER OR UNLESS EXTENDED FOR ADDITIONAL PERIODS BY MUTUAL
AGREEMENT OF OUR TWO GOVERNMENTS.
IF THIS PROPOSAL IS ACCEPTABLE TO THE GOVERNMENT OF CANADA, I HAVE
THE FURTHER HONOR TO PROPOSE THAT THIS NOTE TOGETHER WITH YOUR
AFFIRMATIVE REPLY, CONSTITUTE AN AGREEMENT ON THIS MATTER EFFECTIVE ON
THE DATE OF YOUR REPLY.
ACCEPT, SIR, THE RENEWED ASSURANCES OF MY HIGHEST CONSIDERATION.
SCI: MNHUDSON: MEM
STATE 139162
FRANCE 22 APR 1965 FLITE DOCUMENT NO. 7900010
AGREEMENT EXECUTED 22 APRIL 1965; EFFECTIVE 15 APRIL 1965.
AMENDMENT #1 EXECUTED 1 APRIL 1966; EFFECTIVE 15 APRIL 1965.
AMENDMENT #2 EXECUTED 1 APRIL AND 9 JUNE 1966; EFFECTIVE 15 APRIL
1965.
AGREEMENT REGARDING SUPPORT TO BE PROVIDED TO THE FRENCH ARMY BY THE
US ARMY.
AGREEMENT MADE THIS 15TH DAY OF APRIL 1965 IN ENGLISH AND FRENCH
LANGUAGES BY AND BETWEEN THE UNITED STATES ARMY AND THE FRENCH ARMY.
BOTH TEXTS ARE EQUALLY VALID.
AUTHORITY TO EXECUTE THIS AGREEMENT ON BEHALF OF THE UNITED STATES
ARMY IS VESTED IN THE ASSISTANT CHIEF OF STAFF, G4, UNITED STATES ARMY
AREA COMMAND, PURSUANT TO USAREUR REGULATION 210-25, 24 DECEMBER 1964.
AUTHORITY TO EXECUTE THIS AGREEMENT ON BEHALF OF THE FRENCH ARMY IS
VESTED IN THE CHIEF OF STAFF, HEADQUARTERS FFA.
1. THE OBJECTIVE OF THIS AGREEMENT IS:
A. TO DEFINE AND AGREE TO THE BUILDINGS, SUPPLIES, MATERIALS, AND
UTILITIES TO BE FURNISHED AND THE SERVICES TO BE PROVIDED BY THE US ARMY
FOR THE FRENCH ARMY AT DACHAU, MUNICH POST.
B. TO ESTABLISH PROCEDURES AND METHODS FOR MONETARY REIMBURSEMENT TO
THE US ARMY FOR THE MATERIALS, SUPPLIES, UTILITIES, AND SERVICES SO
PROVIDED.
2. FOR THE PURPOSE OF THIS AGREEMENT, THE FOLLOWING DEFINITIONS
APPLY:
A. US ARMY MEANS ALL US ARMY UNITS LOCATED AT MUNICH POST.
B. FRENCH ARMY MEANS HEADQUARTERS, FRENCH FORCES, GERMANY.
3. THE UNITED STATES ARMY AGREES TO:
A. MAKE AVAILABLE TO THE FRENCH ARMY THE BUILDINGS WITHIN THE BLUE
LINE, EXCEPT BUILDING #2776, AS SHOWN ON THE ATTACHED MAP.
B. PROVIDE HEAT, ELECTRICITY, WATER, SEWAGE FOR AND NORMAL
MAINTENANCE OF, THE BUILDINGS DESCRIBED IN PARAGRAPH 31, ABOVE.
C. PROVIDE R&U SUPPORT, WITHIN THE MUNICH POST CAPABILITY. WHERE
MUNICH POST IS INCAPABLE OF RENDERING R&U SUPPORT, SUCH SUPPORT WILL BE
CONTRACTED AND PAID FOR BY THE FRENCH FORCES AFTER OBTAINING THE
TECHNICAL APPROVAL FROM MUNICH POST. SELF-HELP PROGRAM WITH R&U
SUPPLIES FURNISHED BY US FORCES IS URGED.
D. PROVIDE TELECOMMUNICATION SERVICES CLASSES "G" AND "D".
E. PROVIDE LAUNDRY SERVICE TO FRENCH MILITARY PERSONNEL LOCATED AT
DACHAU WITHIN THE POST'S CAPABILITY.
F. PROVIDE CHAPEL AND RECREATIONAL FACILITIES AT DACHAU WITHIN THE
MUNICH POST CAPABILITY AND AFTER COORDINATION BETWEEN FRENCH FORCES AND
US AUTHORITIES.
G. FURNISH EMERGENCY MEDICAL SERVICES.
H. PROVIDE FIRE PREVENTION AND PROTECTION.
I. WITHIN CAPABILITY PROVIDE SUBSISTENCE IN US ARMY MESSES TO FRENCH
MILITARY PERSONNEL ON A REIMBURSABLE BASIS UNTIL 1 JULY 1965.
J. FURNISH HOUSING FOR OFFICERS, MESS, EMERGENCY MEDICAL CARE, AND
POL SUPPORT ON A REIMBURSABLE BASIS TO FRENCH ARMY DETACHMENT AT MISSILE
CONTROL CENTER, FREISING, GERMANY, UNTIL 1 JULY 1965.
K. MAKE AVAILABLE TO THE FRENCH ARMY WITHIN THE MUNICH POST
CAPABILITY AND IN ACCORDANCE WITH ITS REGULATIONS, EXERCISE AND MANEUVER
AREAS UNDER ITS CONTROL.
4. THE FRENCH ARMY AGREES TO:
A. ABIDE BY US ARMY REGULATIONS IN EFFECT WITHIN MUNICH POST.
B. KEEP THE COMMANDING OFFICER, MUNICH POST, CONSTANTLY INFORMED OF
THE PERSONAL DATA, AS REQUIRED BY THE US ARMY, OF THE FRENCH MILITARY
PERSONNEL PERMANENTLY ASSIGNED TO CAMP DACHAU AND OF THEIR DEPENDENTS.
C. COMPLY WITH THE SAFETY, SANITARY, FIRE PREVENTION AND SECURITY
STANDARDS OF THE US ARMY, SUBJECT TO US INSPECTION.
D. PERFORM ALTERATIONS, ADDITIONS, REPAIRS OR DELETIONS TO THE
PROPERTY ONLY UPON PRIOR APPROVAL OF THE US ARMY.
E. ASSUME RESPONSIBILITY FOR ANY CLAIMS BY THIRD PARTIES ARISING FROM
THE USE OF PROPERTY BY THE FRENCH ARMY.
F. PAY THEIR PROPORTIONATE SHARE WHERE AND WHEN MUNICIPAL OR OTHER
CHARGES OF ANY KIND ARE REQUIRED TO BE PAID BY THE US ARMY.
G. PARTICIPATE IN THE ACCOMPLISHMENT OF A JOINT CONDITION AND
INVENTORY REPORT AT THE BEGINNING AND THE VACATION OF THE PROPERTY, AND
ASSUME RESPONSIBILITY FOR ANY DAMAGE CAUSED DURING THE OCCUPANCY OF THE
PROPERTY.
H. PARTICIPATE IN POST FUNCTIONAL SUPPORT AS A LODGER UNIT. DETAILS
TO BE COORDINATED BETWEEN US ARMY AND FRENCH COMMANDERS.
I. PROVIDE MONTHLY MONETARY REIMBURSEMENT TO US ARMY, BASED ON ACTUAL
COST.
(1) MONTHLY FOR SUPPORT AND SERVICES RENDERED UNDER PARAGRAPHS 3B, C,
D, E, H, I, J AND K.
(2) CASE BY CASE FOR PARAGRAPH 3F (RECREATIONAL FACILITIES ONLY), 3G
AND 4F.
J. PROVIDE ONE GUARD ON A 24-HOUR BASIS AT THE MAIN GATE.
K. FURNISH KITCHEN PERSONNEL AS REQUIRED BY THE US ARMY TO US ARMY
MESSES UNTIL 1 JULY 1965.
5.- MILITARY POLICE CUSTODY SUPPORT. THE US ARMY MP'S ARE AUTHORIZED
TO APPREHEND RESTRAIN AND/OR ARREST FRENCH TROOPS WHO COMMIT OFFENSES IN
FLAGRANTE DELICTO, ARE A PUBLIC NUISANCE OR ARE CONDUCTING THEMSELVES IN
A MANNER INJURIOUS TO THE PRESITGE OF THE FRENCH ARMY; WITH THE
STIPULATION THAT THIS RIGHT IS RECIPROCAL AND TROOPS WILL BE RETURNED
IMMEDIATELY TO THEIR APPROPRIATE ARMY AUTHORITIES.
6.- DETAILED ARRANGEMENTS FOR THE FURNISHING AND REIMBURSEMENT OF
UTILITY SERVICES TO IMPLEMENT THE PROVISIONS OF THIS AGREEMENT WILL BE
INCORPORATED INTO A MEMORANDUM OF UNDERSTANDING TO BE EXECUTED BETWEEN
THE POWER PROCUREMENT BRANCH, ENGINEER DIVISION, HEADQUARTERS, UNITED
STATES ARMY COMMAND, APO US FORCES 09757, AND HEADQUARTERS, FRENCH
FORCES IN GERMANY. WHEN THIS MEMORANDUM OF UNDERSTANDING HAS BEEN
SIGNED IT WILL BECOME AN INTEGRAL PART OF THIS CONTRACT.
7.- METHOD OF ASCERTAINING THE MONTHLY AND CASE BY CASE REIMBURSEMENT
OF OTHER THAN UTILITY SERVICES WILL BE ESTABLISHED BY MUNICH POST AND
COMPETENT FRENCH ARMY REPRESENTATIVES. BILLS FOR MEDICAL TREATMENT WILL
BE PAID DIRECTLY TO THE UNIT PROVIDING THE SERVICE.
8.- UPON TERMINATION OF THIS AGREEMENT, THE FRENCH FORCES ARE
AUTHORIZED TO REMOVE ALL IMPROVEMENTS, INVESTMENTS OR NOW CONSTRUCTIONS
MADE BY THEM.
(1) IF EXISTING FRENCH FACILITIES OR EQUIPMENT OR PARTS THEREOF ARE
NO LONGER NEEDED BY THE FRENCH, THE FRENCH ARMY AGREES TO CONSULT WITH
THE US ARMY AS CONCERNS FURTHER DISPOSITION OF THE IMPROVEMENTS AND
INVESTMENTS MADE BY THE FRENCH ARMY, IF THE US ARMY EXPRESSES AN
INTEREST TO ACQUIRE SUCH FRENCH IMPROVEMENTS OR INVESTMENTS.
(2) IF THE US ARMY HAS NO INTEREST IN ACQUIRING THE SURPLUS
IMPROVEMENTS OR INVESTMENT, THE US ARMY WILL POSE NO OBJECTIONS TO THE
FRENCH ARMY ENTERING INTO NEGOTIATIONS WITH THE GERMAN FEDERAL REPUBLIC,
FOR THE PURPOSE OF OBTAINING PROPER CREDIT FOR SUCH IMPROVEMENTS OR
INVESTMENT, IN ACCORDANCE WITH THE PROVISIONS OF THE STATUS OF FORCES
AGREEMENT AND OF COMPLEMENTARY AGREEMENTS.
9.- IT IS FURTHER AGREED AND UNDERSTOOD THAT:
A. INTERNAL SECURITY WILL BE RESPECTED BY MEMBERS OF US AND FRENCH
ARMIES.
B. THE UTILIZATION OF THE FACILITIES AND SERVICES OF THE EUROPEAN
EXCHANGE SYSTEM & QUARTERMASTER COMMISSARY, EXCEPT RECREATIONAL
FACILITIES, IS NOT AUTHORIZED FOR FRENCH MILITARY PERSONNEL STATIONED AT
DACHAU AND THEIR DEPENDENTS.
C. THIS AGREEMENT BECOMES EFFECTIVE 15 APRIL 1965.
D. THIS AGREEMENT TERMINATES 15 APRIL 1967. IT MAY BE EXTENDED BY
MUTUAL AGREEMENT.
E. IF AND WHEN APPLICABLE AND PRIOR TO ANY NEGOTIATIONS WITH THE
FEDERAL REPUBLIC OF GERMANY, THE US ARMY WILL CONSULT WITH THE FRENCH
ARMY IN THE EVENT THAT THE US ARMY INTENDS TO RETURN CAMP DACHAU TO THE
HOST NATION FOR THE PURPOSE OF PROTECTING FRENCH INTERESTS.
F. THIS AGREEMENT MAY BE AMENDED BY MUTUAL WRITTEN CONSENT.
IN WITNESS WHEREOF, THE US ARMY HAS EXECUTED THIS AGREEMENT AS OF THE
DAY AND YEAR FIRST ABOVE WRITTEN.
IN WITNESS WHEREOF, THE FRENCH ARMY HAS EXECUTED THIS AGREEMENT AS OF
THE 22 DAY OF APRIL 1965.
THE UNITED STATES ARMY AND THE FRENCH ARMY EFFECTIVE 15 APRIL 1965
CONCERNING SUPPORT TO BE PROVIDED TO THE FRENCH ARMY BY THE US ARMY
THIS AMENDMENT IS MADE THIS 1ST DAY OF APRIL 1966 IN ENGLISH AND
FRENCH. BOTH TEXTS ARE EQUALLY VALID.
AUTHORITY TO EXECUTE THIS AMENDMENT ON BEHALF OF THE UNITED STATES
ARMY IS VESTED IN DCSLOG, HEADQUARTERS, USAACOM, PURSUANT TO USAREUR
REGULATION 210-25, 24 DECEMBER 1964.
AUTHORITY TO EXECUTE THIS AMENDMENT ON BEHALF OF THE FRENCH ARMY IS
VESTED IN HEADQUARTERS FFA.
WHEREAS, THE UNITED STATES ARMY AND THE FRENCH ARMY ENTERED INTO AN
AGREEMENT ON 15 APRIL 1965, WHEREBY THE UNITED STATES ARMY AGREED TO
MAKE CERTAIN FACILITIES AVAILABLE TO THE FRENCH ARMY, AND
WHEREAS, THE UNITED STATES ARMY HAS AGREED TO MAKE AN ADDITIONAL
FACILITY AVAILABLE FOR THE USE OF THE FRENCH ARMY, WHICH IS LOCATED IN
THE TEXAS/FREIHAM AREA.
NOW THEREFORE, THE PARTIES HERETO AGREE THAT THE AFORESAID AGREEMENT,
DATED 15 APRIL 1965 SHALL BE AMENDED AS FOLLOWS:
PARAGRAPH 1A IS DELETED IN ITS ENTIRETY AND THE FOLLOWING IS
SUBSTITUTED THEREFORE: "TO DEFINE AND AGREE TO THE BUILDINGS,
INSTALLATIONS, SUPPLIES, MATERIALS, AND UTILITIES TO BE FURNISHED AND
THE SERVICES TO BE PROVIDED BY THE US ARMY FOR THE FRENCH ARMY AT DACHAU
AND TEXAS/FREIHAM AREA, SOUTH BAVARIA DISTRICT".
PARAGRAPH 3A IS AMENDED TO ADD AT THE END "AND MAKE FURTHER AVAILABLE
ONE 75,000 GALLON CAPACITY POL STORAGE TANK, #3903 AT TEXAS/FREIHAM
AREA, SOUTH BAVARIA DISTRICT AS SHOWN ON THE ATTACHED MAP".
(ADDED) "9G. ANY COSTS INCURRED BY THE UNITED STATES ARMY AS A
RESULT OF US OR FRG REQUIREMENTS FOR MODIFICATIONS AND/OR INSTALLATION
OF NEW ITEMS TO THE POL TANK #3903 AT TEXAS/FREIHAM AREA WILL BE BORNE
BY THE FRENCH FORCES".
(ADDED) "9H. EFFECTIVE WITH THE DATE OF ASSUMPTION OF TANK USAGE
(#3903 TEXAS/FREIHAM AREA) BY THE FRENCH FORCES, MAINTENANCE AND
OPERATING COSTS WILL BE ESTABLISHED BY SOUTH BAVARIAN DISTRICT, AND THE
FRENCH FORCES WILL BE BILLED ACCORDINGLY".
(ADDED) "9I. REIMBURSEMENT FOR MAINTENANCE, OPERATIONS AND REPAIR
SUPPORT FOR UTILIZATION OF THIS FACILITY WILL BE MADE TO SOUTH BAVARIA
DISTRICT IN ACCORDANCE WITH PARAGRAPH 7 OF THIS AGREEMENT".
(ADDED) "9J. ASSUMPTION OF OPERATION OF TANK USAGE BY THE FRENCH
FORCES WILL BE AGREED UPON BY THE FRENCH FORCES AND SOUTH BAVARIA
DISTRICT".
EXCEPT AS AMENDED ABOVE, ALL TERMS AND CONDITIONS OF THE BASIC
AGREEMENT REMAIN THE SAME AND IN FULL FORCE AND EFFECT.
IN WITNESS WHEREOF, THE US ARMY HAS EXECUTED THIS AMENDMENT AS OF THE
DAY AND YEAR FIRST ABOVE WRITTEN.
IN WITNESS WHEREOF, THE FRENCH ARMY HAS EXECUTED THIS AMENDMENT AS OF
THE 1ST DAY OF APRIL 1966.
THE UNITED STATES ARMY AND THE FRENCH ARMY EFFECTIVE 15 APRIL 1965
CONCERNING SUPPORT TO BE PROVIDED TO THE FRENCH ARMY BY THE US ARMY.
THIS AMENDMENT IS MADE THIS 28 DAY OF MARCH 1966 IN ENGLISH AND
FRENCH. BOTH TEXTS ARE EQUALLY VALID.
AUTHORITY TO EXECUTE THIS AMENDMENT ON BEHALF OF THE UNITED STATES
ARMY IS VESTED IN DCSLOG, HEADQUARTERS USAACOM, PURSUANT TO USAREUR
REGULATION 210-25, 24 DECEMBER 1964.
AUTHORITY TO EXECUTE THIS AMENDMENT ON BEHALF OF THE FRENCH ARMY IS
VESTED IN HEADQUARTERS FFA.
WHEREAS, THE UNITED STATES ARMY AND THE FRENCH ARMY ENTERED INTO AN
AGREEMENT ON 15 APRIL 1965, AS AMENDED BY AMENDMENT #I, WHEREBY THE
UNITED STATES ARMY AGREED TO MAKE CERTAIN FACILITIES AVAILABLE TO THE
FRENCH ARMY, AND
WHEREAS, THE PARTIES HAVE AGREED TO MAKE CERTAIN CHANGES TO SAID
AGREEMENT, AS AMENDED, AS MORE SPECIFICALLY SET FORTH HEREAFTER.
NOW THEREFORE, THE PARTIES HERETO AGREE THAT THE AFORESAID AGREEMENT,
DATED 15 APRIL 1965, AS AMENDED, SHALL BE FURTHER AMENDED AS FOLLOWS:
PARAGRAPH 1B IS AMENDED TO READ " . . . UTILITIES, SERVICES AND
FACILITIES SO PROVIDED".
PARAGRAPH 2A IS AMENDED TO READ "SOUTH BAVARIA DISTRICT" INSTEAD OF
"MUNICH POST", AND WILL BE CHANGED ACCORDINGLY WHEREVER "MUNICH POST" IS
MENTIONED THROUGHOUT THE AGREEMENT.
PARAGRAPH 3A, AS AMENDED, IS DELETED IN ITS ENTIRETY AND THE
FOLLOWING IS THEREFORE SUBSTITUTED: "MAKE AVAILABLE TO THE FRENCH ARMY
THE BUILDINGS WITHIN THE BLUE LINE, EXCEPT BUILDING #2776, AND TWO
GASOLINE STORAGE TANKS, #1 AND #2, WITH CAPACITY OF 5,300 GALLONS EACH,
IN DACHAU, SOUTH BAVARIA DISTRICT AND ONE 75,000 GALLON CAPACITY POL
STORAGE TANK #3903 AT TEXAS/FREIHAM AREA, SOUTH BAVARIA DISTRICT, AS
SHOWN ON THE ATTACHED MAPS.
PARAGRAPH 3B IS AMENDED TO READ " . . . NORMAL MAINTENANCE OF THE
BUILDINGS AND FACILITIES DESCRIBED IN PARAGRAPH 3A, ABOVE".
PARAGRAPH 3E IS DELETED IN ITS ENTIRETY.
PARAGRAPH 3I IS DELETED IN ITS ENTIRETY.
PARAGRAPH 3J IS DELETED IN ITS ENTIRETY AND THE FOLLOWING IN
SUBSTITUTED: "FURNISH MESS AND EMERGENCY MEDICAL CARE ON A REIMBURSABLE
BASIS TO THE FRENCH ARMY DETACHMENT AT MISSILE CONTROL CENTER FREISING,
GERMANY UNTIL 31 MARCH 1966:.
PARAGRAPH 4E IS DELETED IN ITS ENTIRETY AND THE FOLLOWING IN
SUBSTITUTED THEREFORE: "ASSUME RESPONSIBILITY FOR ANY CLAIMS BY THIRD
PARTIES FOR PERSONAL INJURY OR PROPERTY DAMAGE ARISING FROM THE USE OF
PROPERTY, INSTALLATIONS OR FACILITIES BY THE FRENCH ARMY. THIS
RESPONSIBILITY INCLUDES INVESTIGATION AND PROCESSING OF SUCH CLAIMS".
PARAGRAPH 4F IS AMENDED TO READ: "PAY THEIR PROPORTIONATE SHARE
WHERE AND WHEN FEDERAL REPUBLIC OF GERMANY MUNICIPAL OR OTHER CHARGES".
PARAGRAPH 4J IS DELETED IN ITS ENTIRETY AND THE FOLLOWING IS
SUBSTITUTED THEREFORE: "PROVIDE ONE GUARD ON A 24-HOUR BASIS AT THE
MAIN RATE AT DACHAU, SOUTH BAVARIA DISTRICT".
PARAGRAPH 4K IS DELETED IN ITS ENTIRETY.
PARAGRAPH 6 IS AMENDED TO READ AT THE END OF LINE 5 "APO US FORCES
00184", IN LIEU OF "APO US FORCES 09757".
PARAGRAPH 7 IS AMENDED TO ADD THE FOLLOWING: "ALL REIMBURSEMENTS
WILL BE EFFECTED IN US DOLLARS OR US DOLLAR INSTRUMENTS".
PARAGRAPH 9A, THE WORD "ARMIES" IS DELETED AND SUBSTITUTED WITH THE
WORD "FORCES".
PARAGRAPH 9B IS AMENDED TO READ: "FRENCH MILITARY PERSONNEL
STATIONED AT DACHAU AND THEIR DEPENDENTS ARE AUTHORIZED THE UTILIZATION
AND SERVICES OF RECREATIONAL FACILITIES, THE EUROPEAN EXCHANGE SYSTEM
AND QUARTERMASTER COMMISSARY, THE LATTER IN ACCORDANCE WITH LETTER,
HEADQUARTERS UNITED STATES ARMY AREA COMMAND, AENAC-PA, DATED 12 JANUARY
1965, SUBJECT: "EXCHANGE PRIVILEGES FOR CERTAIN FRENCH FORCES", TO CO,
402ND ARTY BN, HAWK".
EXCEPT AS AMENDED ABOVE, ALL TERMS AND CONDITIONS OF AGREEMENT AS
AMENDED REMAIN THE SAME AND IN FULL FORCE AND EFFECT.
IN WITNESS WHEREOF, THE US ARMY HAS EXECUTED THIS AMENDMENT AS OF THE
DAY AND YEAR FIRST ABOVE WRITTEN.
IN WITNESS WHEREOF, THE FRENCH ARMY HAS EXECUTED THIS AMENDMENT AS OF
THE 9TH DAY OF JUNE 1966.
GABON 9 JUN 1976 FLITE DOCUMENT NO. 7900009
CREDIT AGREEMENT EXECUTED 9 JUNE 1976.
CREDIT AGREEMENT REGARDING THE PURCHASE OF DEFENSE ITEMS.
CREDIT AGREEMENT, MADE AND ENTERED INTO THE 9TH DAY OF JUNE 1976,
BETWEEN THE GOVERNMENT OF GABON REPRESENTED BY ITS MINISTRY OF DEFENSE,
AND THE GOVERNMENT OF THE UNITED STATES OF AMERICA, REPRESENTED BY THE
DEPARTMENT OF DEFENSE OF THE UNITED STATES OF AMERICA.
WHEREAS, THE GOVERNMENT OF GABON (HEREINAFTER SOMETIMES REFERRED TO
AS THE "BORROWER") DESIRES TO ENTER OR HAS ENTERED INTO PURCHASE
CONTRACTS (HEREINAFTER REFERRED AS "PURCHASE ARRANGEMENTS") WITH THE
MILITARY DEPARTMENT AND AGENCIES OF THE UNITED STATES DEPARTMENT OF
DEFENSE (HEREINAFTER REFERRED TO AS "DOD") FOR THE PURCHASE OF DEFENSE
ARTICLES AND DEFENSE SERVICES OF UNITED STATES ORIGIN (HEREINAFTER
COLLECTIVELY REFERRED TO AS "DEFENSE ITEMS"); AND
WHEREAS, THE BORROWER HAS REQUESTED THE GOVERNMENT OF THE UNITED
STATES OF AMERICA (HEREINAFTER SOMETIMES REFERRED TO AS THE "LENDER") TO
FINANCE PAYMENTS REQUIRED TO BE MADE BY THE BORROWER UNDER THE PURCHASE
ARRANGEMENTS; AND
WHEREAS, THE AFORESAID REQUESTED CREDIT WILL FACILITATE THE PURPOSES
OF THE UNITED STATES FOREIGN MILITARY SALES ACT, AS AMENDED;
NOW THEREFORE, IN CONSIDERATION OF THE PREMISES AND THE MUTUAL
CONVENANTS HEREINAFTER SET FORTH, THE PARTIES HERETO AGREE AS FOLLOWS:
1. (A) SUBJECT TO THE TERMS AND CONDITIONS HEREOF, THE LENDER AGREES
TO MAKE ADVANCES TO THE BORROWER FROM TIME TO TIME IN AN AGGREGATE
PRINCIPAL AMOUNT UP TO, BUT NOT EXCEEDING $2,000,000 (HEREINAFTER CALLED
THE "COMMITMENT").
(B) BEFORE REQUESTING ANY ADVANCE HEREUNDER, THE BORROWER SHALL
EXECUTE AND DELIVER TO THE UNITED STATES GOVERNMENT A SINGLE PROMISSORY
NOTE ("NOTE") SUBSTANTIALLY IN THE FORM ATTACHED HERETO AS ANNEX A AND
DATED NOT LATER THAN JUNE 30, 1976. THE NOTE SHALL BE SIGNED ON BEHALF
OF THE BORROWER BY THE PRESIDENT OF THE REPUBLIC OF GABON, MINISTER OF
DEFENSE.
(C) ADVANCES MADE TO THE BORROWER SHALL BE AUTHORIZED IN ACCORDANCE
WITH REQUESTS FOR DISBURSEMENTS, WHICH SHALL BE PREPARED BY THE BORROWER
IN THE FORM OF EXHIBIT 1 OF ANNEX B AND FORWARDED TO THE LENDER FOR EACH
ADVANCE, OR WHICH MAY BE PREPARED AND SIGNED BY THE LENDER ON BEHALF OF
THE BORROWER UNDER CIRCUMSTANCES DESCRIBED IN PARAGRAPH 3(D). EACH
ADVANCE SHALL BEAR INTEREST, AS PROVIDED IN PARAGRAPH 6(A), COMMENCING
WITH THE DISBURSEMENT DATE THEREOF.
2. THE AFORESAID COMMITMENT SHALL BE AVAILABLE ONLY TO FINANCE THE
PURCHASE OF DEFENSE ITEMS BY THE BORROWER PURSUANT TO PURCHASE
ARRANGEMENTS AUTHORIZED FOR SUCH FINANCING BY DOD WHICH ARE ENTERED INTO
BY THE BORROWER ON OR BEFORE JUNE 30, 1977. EACH AUTHORIZATION FOR THE
BORROWER TO ENTER INTO A PURCHASE ARRANGEMENT IN IMPLEMENTATION OF THIS
CREDIT AGREEMENT SHALL BE SEPARATELY COMMUNICATED BY DOD IN WRITING TO
THE BORROWER (SUBSTANTIALLY IN THE FORM OF ANNEX B), WHICH AUTHORIZATION
SHALL SPECIFY THE DEFENSE ITEMS AND THE AMOUNT OF CREDIT AUTHORIZED FOR
THAT PURCHASE ARRANGEMENT.
3. EACH ADVANCE HEREUNDER BY THE LENDER SHALL BE MADE TO THE DOD
AGENCY OR MILITARY DEPARTMENT IN ACCORDANCE WITH THE FOLLOWING
PROCEDURES:
(A) THE MILITARY DEPARTMENTS AND AGENCIES OF DOD WILL BILL THE
BORROWER FOR PAYMENTS UNDER AUTHORIZED PURCHASE ARRANGEMENTS IN THE SAME
MANNER AS FOR "DEPENDABLE UNDERTAKING" TERMS OF SALES UNDER FOREIGN
MILITARY SALES PROCEDURES, AND WILL TRANSMIT A COPY OF EACH BILLING TO
THE COMPTROLLER, DEFENSE SECURITY ASSISTANCE AGENCY. EACH BILLING WILL
DESIGNATE A DISBURSEMENT DATE.
(B) UPON RECEIPT OF ANY SUCH BILLING, THE BORROWER SHALL FOLLOW THE
PROCEDURES SET FORTH BELOW:
(1) EACH ADVANCE SHALL BE MADE ON SUCH DATE (HEREINAFTER REFERRED TO
AS A "DISBURSEMENT DATE") AS MAY BE DESIGNATED BY THE BORROWER IN THE
REQUESTS FOR DISBURSEMENT SUBMITTED BY THE BORROWER TO THE LENDER FROM
TIME TO TIME.
(2) EACH REQUEST FOR DISBURSEMENT SHALL SPECIFY THE AMOUNT OF THE
ADVANCE TO BE MADE BY THE LENDER ON THE DISBURSEMENT DATE, SHALL SPECIFY
THE DOD AGENCY OR MILITARY DEPARTMENT TO WHOM THE DISBURSEMENT IS TO BE
REMITTED BY THE LENDER, AND SHALL BE FORWARDED TO THE LENDER IN
SUFFICIENT TIME TO ALLOW FIVE (5) WORKING DAYS AFTER THE DISBURSEMENT
DATE. A SEPARATE REQUEST FOR DISBURSEMENT SHALL BE SUBMITTED FOR EACH
PAYEE TO WHOM THE DISBURSEMENT IS TO BE REMITTED.
(3) EACH REQUEST FOR DISBURSEMENT SHALL BE SENT TO THE COMPTROLLER,
DEFENSE SECURITY ASSISTANCE AGENCY, THE PENTAGON, WASHINGTON, D.C.
20301.
(C) IF THE AMOUNT SPECIFIED IS LESS THAN THE FULL AMOUNT OF THAT
BILLING, THE BORROWER SHALL DIRECTLY PAY THE DIFFERENCE, FROM OTHER
FUNDS AVAILABLE TO THE BORROWER, ON OR BEFORE THE DISBURSEMENT DATE TO
THE BILLING OFFICE OF THE APPLICABLE MILITARY DEPARTMENT OR AGENCY OF
DOD.
(D) IF, THIRTY (30) DAYS AFTER THE DATE OF ANY SUCH BILLING BY A
MILITARY DEPARTMENT OR AGENCY OF DOD, THE BORROWER HAS FAILED TO SUBMIT
A REQUEST FOR DISBURSEMENT REQUESTING AN ADVANCE FROM THE LENDER FOR
PAYMENT OF SUCH BILLING, OR HAS NOT GIVEN WRITTEN NOTICE TO THE LENDER
THAT PAYMENT OF SUCH BILLING HAS BEEN, OR WILL BE, MADE DIRECTLY BY THE
BORROWER, THE LENDER SHALL PREPARE AND SIGN A REQUEST FOR DISBURSEMENT
ON BEHALF OF THE BORROWER AND DISBURSE THE FULL AMOUNT SPECIFIED IN ANY
SUCH BILLING TO THE BILLING OFFICE OF THE APPLICABLE MILITARY DEPARTMENT
OR AGENCY OF DOD ON THE DISBURSEMENT DATE DESIGNATED IN THE BILLING. A
COPY OF ANY SUCH REQUEST FOR DISBURSEMENT EXECUTED BY THE LENDER ON
BEHALF OF THE BORROWER WILL BE PROMPTLY SENT BY THE LENDER TO THE
BORROWER.
4. (A) ALL DEFENSE ARTICLES, THE PURCHASE OF WHICH IS TO BE FINANCED
HEREUNDER, AND WHICH MAY BE TRANSPORTED BY OCEAN VESSEL, SHALL
TRANSPORTED IN VESSELS OF UNITED STATES REGISTRY UNLESS A WAIVER OF THIS
REQUIREMENT IS OBTAINED. MARINE TRANSPORTATION WAIVER PROCEDURES ARE AT
ANNEX C HERETO.
(B) THE BORROWER SHALL BE RESPONSIBLE FOR OBTAINING SUCH EXPORT
LICENSES AS MAY BE NECESSARY FOR DEFENSE ITEMS FINANCED HEREUNDER.
5. THIS AGREEMENT EVIDENCES THE LEGAL AND BINDING OBLIGATION OF THE
BORROWER TO MAKE REPAYMENTS TO THE LENDER FOR DISBURSEMENTS MADE BY THE
LENDER IN ACCORDANCE WITH THE TERMS HEREOF. THE LENDER MAY SELL OR
ASSIGN, IN WHOLE OR IN PART, ITS RIGHTS TO SAID REPAYMENTS AND MAY, WITH
RESPECT TO SUCH SALE OR ASSIGNMENT, GUARANTEE PAYMENT OF THE SAME.
6. (A) THE BORROWER SHALL REPAY THE DISBURSEMENTS MADE BY THE LENDER
IN ACCORDANCE WITH THE PRINCIPAL REPAYMENT SCHEDULE, WHICH IS SET FORTH
IN ANNEX D HERETO AND ALSO ATTACHED TO THE NOTE, AND SHALL PAY INTEREST
SEMIANNUALLY ON JUNE 30TH AND DECEMBER 31ST AT THE RATE OF EIGHT (8%)
PERCENT PER ANNUM, USING A 365 DAY FACTOR ON THE AMOUNT FROM TIME TO
TIME CUMULATIVE ADVANCES EXCEED REPAYMENTS OF PRINCIPAL.
(B) IF ON ANY INSTALLMENT REPAYMENT DATE SET FORTH IN THE PRINCIPAL
REPAYMENT SCHEDULE THE BORROWER SHALL NOT HAVE AVAILED ITSELF OF THE
COMMITMENT OF THE LENDER IN AN AGGREGATE AMOUNT (LESS REPAYMENTS
PREVIOUSLY MADE) EQUAL TO THE AGGREGATE INSTALLMENT OF PRINCIPAL WHICH
IS REPAYABLE ON SUCH DATE TO THE LENDER, THE BORROWER SHALL, ON SUCH
INSTALLMENT REPAYMENT DATE, REPAY TO THE LENDER THE FULL AMOUNT (LESS
REPAYMENTS PREVIOUSLY MADE) TO WHICH IT HAS AVAILED ITSELF OF THE
COMMITMENT OF THE LENDER TO SUCH DATE, TOGETHER WITH THE INTEREST
ACCRUED THEREON. IF AT ANY TIME THEREAFTER THE BORROWER SHALL AVAIL
ITSELF OF THE COMMITMENT OF THE LENDER IN AN AMOUNT WHICH WOULD HAVE
BEEN REPAYABLE ON A PRIOR INSTALLMENT REPAYMENT DATE BUT FOR THE
PROVISIONS OF THE IMMEDIATELY PRECEEDING SENTENCE, SUCH AMOUNT, TOGETHER
WITH THE INTEREST ACCRUED THEREON, SHALL BE REPAYABLE ON THE NEXT
SUCCEEDING INSTALLMENT DATE OF THE PRINCIPAL REPAYMENT SCHEDULE
OCCURRING AFTER THE DISBURSEMENT OF SUCH AMOUNT AND THE SAID AGGREGATE
INSTALLMENT OF PRINCIPAL REPAYABLE UNDER THE PRINCIPAL REPAYMENT
SCHEDULE TO THE LENDER ON THAT DATE SHALL BE INCREASED BY SUCH AMOUNT.
(C) IF BY THE DATE SPECIFIED IN PARAGRAPH 2, THE BORROWER SHALL NOT
HAVE ENTERED INTO AUTHORIZED PURCHASE ARRANGEMENTS IN AN AGGREGATE
AMOUNT EQUAL TO THE ENTIRE AMOUNT OF THE COMMITMENT, THE INSTALLMENTS OF
PRINCIPAL REPAYABLE TO THE LENDER SET FORTH IN THE PRINCIPAL REPAYMENT
SCHEDULE SHALL BE REDUCED IN THE INVERSE ORDER OF THE MATURITY THEREOF
TO THE EXTENT OF THE UNUSED BALANCE OF THE COMMITMENT.
(D) WHENEVER ANY REPAYMENT TO BE MADE BY THE BORROWER SHALL BE DUE ON
A SATURDAY, SUNDAY, OR PUBLIC HOLIDAY UNDER THE LAWS OF THE LENDER, SUCH
REPAYMENT MAY BE MADE ON THE NEXT SUCCEEDING BUSINESS DAY, AND SUCH
EXTENSION OF TIME SHALL IN SUCH CASE BE INCLUDED IN COMPUTING INTEREST
IN CONNECTION WITH SUCH REPAYMENT BUT EXCLUDED FROM THE NEXT INTEREST
PERIOD, IF ANY.
(E) THE BORROWER MAY PREPAY THE CREDIT EXTENDED UNDER THIS AGREEMENT
IN PART OR IN FULL ON ANY INTEREST PAYMENT DATE WITHOUT PENALTY OR
PREMIUM, BUT SUCH PREPAYMENT MUST BE ACCOMPANIED BY PAYMENT OF INTEREST
ON THE AMOUNT PREPAID TO THE DATE OF REPAYMENT AND MUST BE APPLIED TO
THE SATISFACTION OF INSTALLMENTS OF PRINCIPAL REPAYMENTS IN THE REVERSE
ORDER OF THEIR MATURITIES.
(F) ALL REPAYMENTS BY THE BORROWER ON ACCOUNT OF PRINCIPAL OR
INTEREST SHALL BE IN LAWFUL MONEY OF THE UNITED STATES OF AMERICA AND IN
IMMEDIATELY AVAILABLE FUNDS, FREE AND CLEAR OF, AND WITHOUT DEDUCTION
FOR, ANY AND ALL TAXES, LEVIES, IMPOSTS, DEDUCTIONS AND WITHHOLDINGS
WHATSOEVER IMPOSED, LEVIED, COLLECTED OR ASSESSED WITH RESPECT THERETO
BY ANY CENTRAL OR LOCAL AUTHORITY OF GABON.
(G) IN THE CASE OF FAILURE OF THE BORROWER TO MAKE PAYMENT WHEN DUE
AND AS DUE, OF ANY INSTALLMENT OR INSTALLMENTS OF PRINCIPAL OR OF ANY
INTEREST UNDER THE NOTE, THE AGGREGATE AMOUNT PAYABLE SHALL BE THE
AMOUNT OF THE OVERDUE INSTALLMENT OR INSTALLMENTS OF PRINCIPAL OR OF
OVERDUE INTEREST, OR OVERDUE PRINCIPAL AND INTERESTS, AS THE CASE MAY
BE, PLUS INTEREST THEREON AT THE RATE SPECIFIED IN THE NOTE, FROM THE
DUE DATE TO THE DATE OF PAYMENT. IN THE EVENT THAT THE AMOUNT OF AN
INSTALLMENT PAYMENT MADE BY THE BORROWER IS INSUFFICIENT TO SATISFY THE
AGGREGATE AMOUNT OF PRINCIPAL AND INTEREST THEN DUE, THE INSTALLMENT
PAYMENT AMOUNT SHALL FIRST BE APPLIED TO SATISFY THE INTEREST DUE, AND
THE REMAINING PORTION OF THE INSTALLMENT PAYMENT, IF ANY, SHALL BE
APPLIED TO SATISFY THE PRINCIPAL AMOUNT OF SUCH INSTALLMENT.
7. (A) THE BORROWER REPRESENTS AND WARRANTS THAT THE MAKING AND
PERFORMANCE OF THIS AGREEMENT HAS BEEN DULY AUTHORIZED IN ACCORDANCE
WITH THE LAWS OF GABON AND SHALL FURNISH TO THE LENDER UPON REQUEST
EVIDENCE, SATISFACTORY TO THE LENDER, OF THE AUTHORITY OF THE PERSON OR
PERSONS WHO HAVE SIGNED THIS AGREEMENT ON BEHALF OF THE BORROWER AND OF
THE PERSON OR PERSONS WHO WILL SIGN THE NOTES AND REQUESTS FOR
DISBURSEMENT PROVIDED FOR HEREIN ON BEHALF OF THE BORROWER, TOGETHER
WITH THE AUTHENTICATED SPECIMEN SIGNATURE, IN DUPLICATE, OF EACH OF THE
LATTER.
(B) THIS AGREEMENT SHALL INURE TO THE BENEFIT OF THE HOLDERS OF THE
NOTE, THEIR RESPECTIVE SUCCESSORS AND ASSIGNS. THIS AGREEMENT AND THE
NOTE SHALL BE DEEMED TO BE CONTRACTS UNDER THE LAW OF THE DISTRICT OF
COLUMBIA AND FOR ALL PURPOSES SHALL BE CONSTRUED IN ACCORDANCE WITH SAID
LAW. THE BORROWER AGREES THAT JURISDICTION MAY BE TAKEN BY COURTS IN
THE DISTRICT OF COLUMBIA WITH RESPECT TO MATTERS INVOLVING THE NOTE,
PROVIDED SUCH NOTE IS HELD BY AN INDIVIDUAL, PARTNERSHIP, CORPORATION,
OR OTHER PRIVATE LEGAL ENTITY.
(C) THE BORROWER SHALL IN ALL CASES PAY WHEN AS AS DUE THE PRINCIPAL
OF AND INTEREST ON THE NOTE ISSUED HEREUNDER, NOTWITHSTANDING ANY CLAIMS
WHICH THE BORROWER MAY NOW OR HEREAFTER HAVE AGAINST ANY SUPPLIER OF THE
DEFENSE ITEMS, DOD, THE LENDER, OR ANY OTHER PERSONS OR ENTITY IN
CONNECTION WITH ANY OTHER TRANSACTION, FOR ANY REASON WHATSOEVER.
8. UPON THE OCCURRENCE OF ANY OF THE FOLLOWING EVENTS OF DEFAULT:
(A) IF THE BORROWER FAILS FOR A PERIOD OF TEN (10) DAYS TO MAKE ANY
PAYMENT OF PRINCIPAL OF, OR INTEREST ON, THE NOTE WHEN DUE;
(B) IF ANY REPRESENTATION OR WARRANTY MADE BY THE BORROWER HEREIN OR
ANY CERTIFICATE FURNISHED BY THE BORROWER PURSUANT HERETO PROVES TO BE
AT ANY TIME INCORRECT IN ANY MATERIAL RESPECT, OR
(C) IF THE BORROWER DEFAULTS IN THE PERFORMANCE OF ANY OTHER TERM,
CONVENANT OR UNDERTAKING CONTAINED IN THIS CREDIT AGREEMENT, AND SUCH
DEFAULT SHALL CONTINUE UNREMEDIED FOR 30 DAYS AFTER WRITTEN NOTIFICATION
THEREOF SHALL HAVE BEEN GIVEN TO THE BORROWER BY THE LENDER; THEN, AND
IN ANY SUCH EVENT, THE HOLDER OF THE NOTE MAY DECLARE IMMEDIATELY DUE
AND PAYABLE THE UNPAID PRINCIPAL OF, AND ACCRUED INTEREST ON, THE NOTE
HELD BY SUCH HOLDER, AND SUCH AMOUNTS SHALL BECOME IMMEDIATELY DUE AND
PAYABLE WITHOUT PROTEST, PRESENTMENT, NOTICE OR OTHER DEMAND OF ANY
KIND, ALL OF WHICH ARE HEREBY EXPRESSLY WAIVED BY THE BORROWER, AND THE
LENDER MAY TERMINATE ITS COMMITMENT HEREUNDER.
9. ALL COMMUNICATIONS AND OTHER DOCUMENTS REQUIRED OR PERMITTED
HEREUNDER, UNLESS SUBMITTED IN THE ENGLISH LANGUAGE, SHALL BE
ACCOMPANIED BY ONE ENGLISH TRANSLATION FOR EACH COPY OF SUCH DOCUMENTS
TO BE FURNISHED AND, IN THE EVENT OF CONFLICT, THE ENGLISH VERSION SHALL
GOVERN. EXCEPT AS OTHERWISE PROVIDED HEREIN, ALL NOTICES, REQUESTS OR
DEMANDS HEREUNDER SHALL BE DEEMED TO HAVE BEEN GIVEN OR MADE UPON THE
MAILING OF THE SAME, POSTAGE PREPAID, OR IN THE CASE OF TELEGRAPHIC
NOTICE, ON DELIVERY TO THE TELEGRAPHIC COMPANY, ADDRESSED IN THE CASE OF
THE BORROWER, TO THE GOVERNMENT OF GABON, AND IN THE CASE OF THE LENDER
TO THE DIRECTOR, DEFENSE SECURITY ASSISTANCE AGENCY, THE PENTAGON,
WASHINGTON, D.C. 20301.
10. THIS AGREEMENT MAY BE EXECUTED IN ANY NUMBER OF COUNTERPARTS AND
BY THE PARTIES HERETO ON SEPARATE COUNTERPARTS, EACH OF WHICH SHALL BE
DEEMED ON AN ORIGINAL BUT ALL SUCH COUNTERPARTS TO CONSTITUTE ONE AND
THE SAME INSTRUMENT.
11. ANNEXES A THROUGH D ATTACH HERETO ARE, BY THIS REFERENCE, MADE A
PART OF THIS AGREEMENT.
IN WITNESS WHEREOF, THE PARTIES HERETO HAVE DULY EXECUTED THIS
AGREEMENT THIS 9TH DAY OF JUNE 1976.
THE GOVERNMENT OF GABON
OMAR BONGO
MINISTER OF NATIONAL DEFENSE
U.S. $2,000,000, WASHINGTON, D.C.
FOR VALUE RECEIVED, THE UNDERSIGNED, THE GOVERNMENT OF GABON (HEREIN
CALLED THE "BORROWER"), HEREBY PROMISES TO PAY TO THE ORDER OF THE
GOVERNMENT OF THE UNITED STATES OF AMERICA (HEREIN CALLED THE "LENDER")
SUCH SUMS AS MAY BE ADVANCED HEREUNDER BY THE LENDER. THE LENDER SHALL
NOT BE OBLIGED TO ADVANCE MORE THAN THE SUM OF TWO MILLION UNITED STATES
DOLLARS (U.S. $2,000,000) (HEREIN REFERRED TO AS THE "COMMITMENT"), NOR
TO MAKE ANY ADVANCE AFTER JUNE 30, 1977.
ADVANCES SHALL BE MADE FROM TIME TO TIME BY THE LENDER IN ACCORDANCE
WITH THE TERMS OF THE CREDIT AGREEMENT DATED 9 JUNE 1976 BETWEEN THE
BORROWER AND THE LENDER.
ADVANCES SHALL BEAR INTEREST PAYABLE ON JUNE 30TH AND DECEMBER 31ST
OF EACH YEAR ON THE UNPAID PRINCIPAL BALANCE FROM DATE HEREOF AT THE
RATE OF EIGHT PER CENT PER ANNUM (8%) USING A 365 DAY FACTOR, BOTH
PRINCIPAL AND INTEREST TO BE PAYABLE IN LAWFUL MONEY OF THE UNITED
STATES OF AMERICA TO THE COMPTROLLER, DEFENSE SECURITY ASSISTANCE
AGENCY, (DSAA), THE PENTAGON, WASHINGTON, D.C. 20301.
ALL PAYMENTS MADE ON ACCOUNT OF THE PRINCIPAL AMOUNT REMAINING UNPAID
HEREUNDER SHALL BE ENDORSED BY THE HOLDER ON THE REVERSE SIDE OF THIS
NOTE.
WHENEVER ANY PAYMENT UNDER THIS NOTE SHALL BE DUE ON A SATURDAY,
SUNDAY, OR PUBLIC HOLIDAY UNDER THE LAWS OF THE UNITED STATES OF
AMERICA, SUCH PAYMENT MAY BE MADE ON THE NEXT SUCCEEDING BUSINESS DAY,
AND SUCH EXTENSION OF TIME SHALL, IN SUCH CASE, BE INCLUDED IN COMPUTING
INTEREST IN CONNECTION WITH SUCH PAYMENT, BUT EXCLUDED FROM THE NEXT
INTEREST PERIOD, IF ANY. IN CASE OF FAILURE OF THE BORROWER TO MAKE
PAYMENT WHEN AND AS DUE, OF ANY INSTALLMENT OR INSTALLMENTS OF PRINCIPAL
AND INTEREST UNDER THIS NOTE, THE AMOUNT PAYABLE SHALL BE THE AMOUNT OF
THE OVERDUE INSTALLMENT OR INSTALLMENTS OF PRINCIPAL AND INTEREST, PLUS
INTEREST THEREON AT THE RATE SPECIFIED HEREIN, FROM THE DUE DATE TO THE
DATE OF PAYMENT.
THE TOTAL AMOUNT ADVANCED HEREUNDER SHALL BE REPAID, WITH RIGHT OF
PREPAYMENT ON ANY INTEREST PAYMENT DATE, IN ACCORDANCE WITH THE
PRINCIPAL REPAYMENT SCHEDULE WHICH IS ATTACHED. PREPAYMENTS SHALL BE
ACCOMPANIED BY PAYMENT OF INTEREST ON THE AMOUNT PREPAID TO THE DATE OF
PREPAYMENT AND SHALL BE APPLIED TO THE INSTALLMENTS HEREOF IN THE
REVERSE ORDER OF THEIR MATURITY. ALL PAYMENTS OF PRINCIPAL AND INTEREST
ON THIS NOTE ARE PAYABLE IN IMMEDIATELY AVAILABLE FUNDS, FREE AND CLEAR
OF, AND WITHOUT DEDUCTION FOR, ANY TAXES, LEVIES, IMPOSTS, DEDUCTIONS,
AND WITHHOLDINGS WHATSOEVER NOW OR HEREAFTER IMPOSED, LEVIED, COLLECTED
OR ASSESSED WITH RESPECT THERETO BY ANY CENTRAL OR LOCAL AUTHORITY OF
THE BORROWER AND SHALL BE PAID FREE FROM ALL RESTRICTIONS OF ANY CENTRAL
OR LOCAL AUTHORITY OF THE BORROWER.
IF LESS THAN THE TOTAL OF $2,000,000 IS ADVANCED, THE PRINCIPAL
REPAYMENT SCHEDULE SHALL BE REDUCED IN THE REVERSE ORDER OF THE MATURITY
THEREOF TO THE EXTENT OF THE UNUSED BALANCE OF THE COMMITMENT.
UPON THE OCCURRENCE OF ANY EVENT OF DEFAULT SPECIFIED IN THE SAID
CREDIT AGREEMENT, THE ENTIRE UNPAID PRINCIPAL HEREOF AND INTEREST
THEREON TO THE DATE OF PAYMENT MAY BE DECLARED TO BE FORTHWITH DUE AND
PAYABLE AS PROVIDED IN SAID CREDIT AGREEMENT. THE BORROWER AGREES TO
PAY ALL OUT-OF-POCKET COSTS AND EXPENSES IN CONNECTION WITH COLLECTION
AFTER DEFAULT OF THIS NOTE (INCLUDING THE REASONABLE FEES AND
OUT-OF-POCKET EXPENSES OF COUNSEL) AS WELL AS ALL STAMP AND SIMILAR
TAXES, IF ANY, NOW OR HEREAFTER IN EFFECT, AND TO SAVE THE HOLDER OF THE
NOTE HARMLESS FROM ANY AND ALL LIABILITIES WITH RESPECT TO OR RESULTING
FROM ANY DELAY OR OMISSION TO PAY SUCH TAXES.
THE FIRST $182,000 OF DISBURSEMENTS ARE REPAYABLE ON JUNE 30, 1977
THE NEXT $182,000 " " " " " DECEMBER 31, 1977
" " " " " " " " JUNE 30, 1978 " " " " " " " " DECEMBER 31, 1978
" " " " " " " " JUNE 30, 1979 " " " " " " " " DECEMBER 31, 1979
" " " " " " " " JUNE 30, 1980 " " " " " " " " DECEMBER 31, 1980
" " " " " " " " JUNE 30, 1981 " " " " " " " " DECEMBER 31, 1981
THE LAST $180,000 " " " " " JUNE 30, 1982
DEAR
IN IMPLEMENTATION OF PARAGRAPH 2 OF THE CREDIT AGREEMENT BETWEEN THE
MINISTRY OF DEFENSE OF THE GOVERNMENT OF GABON AND THE DEPARTMENT OF
DEFENSE OF THE GOVERNMENT OF THE UNITED STATES, ENTERED INTO ON 9 JUNE
1976, AND IN RESPONSE TO YOUR REQUEST OF . . . , THE GOVERNMENT OF GABON
IS HEREBY AUTHORIZED TO ENTER INTO A PURCHASE ARRANGEMENT WITH THE BELOW
NAMED MILITARY DEPARTMENT FOR:
ITEMS AMOUNT FMS CASE DESIGNATOR
CREDIT AGREEMENT NUMBER GB761
A DISBURSEMENT AS NOTED BELOW IS HEREBY AUTHORIZED PURSUANT TO THE
TERMS OF CREDIT AGREEMENT (DATED 9 JUNE 1976) BETWEEN THE GOVERNMENT OF
GABON AND THE GOVERNMENT OF THE UNITED STATES OF AMERICA. THE
GOVERNMENT OF GABON CONFIRMS THAT THE DEFENSE ITEMS AND SERVICES FOR
WHICH PAYMENT IS REQUESTED ARE UNDER PURCHASE ARRANGEMENTS AUTHORIZED BY
THE DEPARTMENT OF DEFENSE PURSUANT TO THE AFOREMENTIONED CREDIT
AGREEMENT IN LETTER(S) FROM THE DEFENSE SECURITY ASSISTANCE AGENCY TO
THE GOVERNMENT OF GABON DATED BEARING REFERENCE NUMBER(S) I-
1. THE FOLLOWING PROCEDURES AND CONDITIONS SHALL BE ADHERED TO
CONCERNING MARINE TRANSPORTATION OF DEFENSE ARTICLES, THE PURCHASE OF
WHICH IS TO BE FINANCED UNDER THIS AGREEMENT. ALL DEFENSE ARTICLES,
WHICH ARE TRANSPORTED BY OCEAN VESSEL, SHALL BE TRANSPORTED IN PRIVATELY
OWNED VESSELS OF UNITED STATES REGISTRY UNLESS A WAIVER OF THIS
REQUIREMENT IS OBTAINED FROM THE DIRECTOR, DEFENSE SECURITY ASSISTANCE
AGENCY, DEPARTMENT OF DEFENSE. REQUESTS FOR WAIVER ARE CATEGORIZED AS
GENERAL, NON-AVAILABILITY OR SECURITY AS OUTLINED BELOW:
A. GENERAL WAIVERS
CONSIDERATION WILL BE GIVEN TO A WAIVER APPLICATION TO AUTHORIZE
VESSELS FLYING THE FLAG OF THE COUNTRY TO WHOM THIS AGREEMENT APPLIES TO
PARTICIPATE IN THE TRANSPORTATION OF CARGO GENERATED UNDER THIS
AGREEMENT PROVIDED THE RECIPIENT COUNTRY DOES NOT DISCRIMINATE AGAINST
UNITED STATES FLAG VESSELS IN THE CARRIAGE OF THE EXPORTS OR IMPORTS OF
THE RECIPIENT NATION. APPROVAL MAY BE GRANTED FOR RECIPIENT COUNTRY'S
VESSELS TO CARRY UP TO, BUT NOT IN EXCESS OF 50 PERCENT OF THE CARGO
UNDER THIS AGREEMENT. OCEAN FREIGHT REVENUE IS THE MAIN CRITERION FOR
DETERMINING FLAG PARTICIPATION BUT CARGO VALUATION SHALL ALSO BE TAKEN
INTO CONSIDERATION. ACCORDINGLY, THROUGHOUT THE LIFT OF THIS AGREEMENT,
U.S. FLAG VESSELS SHALL NOT RECEIVE LESS THAN 50% OF THE CARGO VALUATION
AND OCEAN FREIGHT REVENUE IN SO FAR AS PRACTICABLE.
APPLICATIONS FOR GENERAL WAIVER SHOULD BE SUBMITTED AS SOON AS
PRACTICABLE AFTER DETERMINATION HAS BEEN MADE USE RECIPIENT COUNTRY FLAG
VESSELS BUT AT LEAST TWENTY-ONE (21) DAYS IN ADVANCE OF INTENDED
SHIPPING DATES TO ENABLE VERIFICATION OF THE TREATMENT ACCORDED VESSELS
OF U.S. REGISTRY AND TO PROCESS THE APPLICATION.
SUBSEQUENT TO THE GRANTING OF A GENERAL WAIVER, IF IT OCCURS THAT
NEITHER UNITED STATES FLAG VESSELS NOR RECIPIENT COUNTRY FLAG VESSELS
ARE AVAILABLE, CONSIDERATION WILL BE GIVEN TO SPECIFIC WAIVER
APPLICATIONS TO AUTHORIZE, ON A SHIPMENT-BY-SHIPMENT BASIS, THE USE OF
THIRD FLAG VESSELS. APPLICATION FOR THE USE OF A THIRD FLAG VESSEL
UNDER AN APPROVED GENERAL WAIVER SHOULD BE SUBMITTED AT LEAST 21 DAYS
PRIOR TO THE INTENDED SHIPPING DATE TO ALLOW TIME TO PROCESS THE
APPLICATION. IF A WAIVER IS GRANTED TO ALLOW THE USE OF A THIRD FLAG
VESSEL FOR A PARTICULAR SHIPMENT UNDER AN EXISTING GENERAL WAIVER, THE
CARGO CARRIED BY THE THIRD FLAG VESSEL SHALL BE RECORDED AGAINST THE
RECIPIENT COUNTRY FLAG VESSELS' PORTION OF THE CARGO AVAILABLE UNDER THE
GENERAL WAIVER.
THE APPLICATION FOR A GENERAL WAIVER AND SUBSEQUENT WAIVERS FOR THE
USE OF THIRD FLAG VESSELS SHOULD BE SUBMITTED BY THE RECIPIENT COUNTRY
DIRECTING THE SHIPMENT (OR HIS FREIGHT FORWARDER) TO THE DIRECTOR,
DEFENSE SECURITY ASSISTANCE AGENCY, ROOM 4E837, DEPARTMENT OF DEFENSE,
WASHINGTON, D.C., 20301, WITH A COPY TO THE DIRECTOR, OFFICE OF MARKET
DEVELOPMENT, MARITIME ADMINISTRATION, U.S. DEPARTMENT OF COMMERCE,
WASHINGTON, D.C. 202030.
B. NON-AVAILABILITY WAIVERS
CONSIDERATION WILL BE GIVEN TO WAIVER APPLICATIONS TO AUTHORIZE USE
OF FOREIGN FLAG VESSELS IN THOSE CASES OF NON=AVAILABILITY OF UNITED
STATES FLAG VESSELS OR IN INSTANCES OF NON-AVAILABILITY OF UNITED STATES
FLAG VESSELS AT REASONABLE RATES.
APPLICATIONS FOR NON-AVAILABILITY WAIVERS TO PERMIT USE OF RECIPIENT
COUNTRY FLAG VESSELS NEED NOT BE SUBMITTED IF A GENERAL WAIVER HAS BEEN
APPROVED AND THE RECIPIENT COUNTRY WILL USE U.S. FLAG VESSELS TO CARRY
OVER 50 PERCENT OF THE CARGO UNDER THIS AGREEMENT. APPLICATIONS ARE
REQUIRED WHERE A GENERAL WAIVER (1) HAS NOT BEEN APPLIED FOR, (2) HAS
NOT BEEN APPROVED, OR (3) HAS BEEN APPROVED BUT, ON A
SHIPMENT-BY-SHIPMENT BASIS, U.S. FLAG VESSELS ARE NOT AVAILABLE OR NOT
AVAILABLE AT REASONABLE RATES AND SHIPMENTS ON NON-U.S. FLAG VESSELS
WILL EXCEED 50 PERCENT OF THE CARGO UNDER THIS AGREEMENT. IF A GENERAL
WAIVER HAS BEEN APPROVED, EVERY EFFORT SHOULD BE MADE TO SHIP DEFENSE
ARTICLES AND EQUIPMENT, WHERE U.S. FLAG VESSELS ARE NOT AVAILABLE OR NOT
AVAILABLE AT REASONABLE RATES, UNDER THE RECIPIENT COUNTRY'S PORTION OF
THE CARGO AVAILABLE UNDER THE GENERAL WAIVER. THEREFORE, APPLICATIONS
FOR NON-AVAILABILITY WAIVERS, WHERE A GENERAL WAIVER HAS BEEN APPROVED,
SHOULD BE SUBMITTED ONLY UNDER UNUSUAL CIRCUMSTANCES.
APPLICATIONS ON THE BASIS OF NON-AVAILABILITY OF VESSELS OF UNITED
STATES REGISTRY AND THAT SUCH VESSELS ARE NOT AVAILABLE. SUCH
APPLICATIONS MUST BE SUBMITTED AT LEAST 21 DAYS IN ADVANCE OF THE
INTENDED SHIPPING DATE TO ENABLE VERIFICATION OF NON-AVAILABILITY OF
VESSELS OF UNITED STATES REGISTRY AND THAT SUCH VESSELS ARE NOT
AVAILABLE. SUCH APPLICATIONS MUST BE SUBMITTED AT LEAST 21 DAYS IN
ADVANCE OF THE INTENDED SHIPPING DATE TO ENABLE VERIFICATION OF
NON-AVAILABILITY OF VESSELS OF UNITED STATES REGISTRY AND TO PROCESS THE
APPLICATION.
APPLICATIONS ON THE BASIS OF NON-AVAILABILITY OF VESSELS OF UNITED
STATES REGISTRY AT REASONABLE RATES MUST ESTABLISH AND DOCUMENT ALL
APPLICABLE COMPARATIVE RATES AND SHOULD BE SUBMITTED AT LEAST 21 DAYS IN
ADVANCE OF THE INTENDED SHIPPING DATE TO ENABLE VERIFICATION OF
NON-AVAILABILITY OF VESSELS OF UNITED STATES REGISTRY AT REASONABLE
RATES AND TO PROCESS THE APPLICATION.
APPLICATIONS FOR NON-AVAILABILITY WAIVERS MUST BE SUBMITTED ON A
SHIPMENT-BY-SHIPMENT BASIS. APPLICATIONS SHOULD BE SUBMITTED TO THE
DIRECTOR, DEFENSE SECURITY ASSISTANCE AGENCY, ROOM 4E837, DEPARTMENT OF
DEFENSE, WASHINGTON, D.C. 20301 WITH A COPY TO THE DIRECTOR, OFFICE OF
MARKET DEVELOPMENT, MARITIME ADMINISTRATION, U.S. DEPARTMENT OF
COMMERCE, WASHINGTON, D.C. 20230.
EACH APPLICATION FOR A NON-AVAILABILITY WAIVER SHOULD CONTAIN THE
FOLLOWING INFORMATION:
1. IDENTIFICATION AND ADDRESS OF THE APPLICANT
2. RECIPIENT COUNTRY
3. DATE AND SOURCE OF LOAN (FFB, ETC.)
4. MANUFACTURER AND/OR EXPORTER
5. LIST AND DESCRIPTION OF COMMODITIES TO BE SHIPPED
6. FAS VALUE OF COMMODITIES
7. SHIPPING DATE
8. LOADING PORT
9. DISCHARGE PORT
10. ESTIMATED OCEAN FREIGHT COST
11. PROPOSED VESSEL(S) TO BE USED
12. WEIGHT OF SHIPMENT
13. CUBE MEASUREMENT OF SHIPMENT
14. ORIGINAL POINT OF PRODUCTION
C. SECURITY WAIVERS
CONSIDERATION WILL BE GIVEN TO WAIVER APPLICATIONS TO AUTHORIZE
VESSELS FLYING THE FLAG OF THE COUNTRY TO WHOM THE AGREEMENT APPLIES ON
THE BASIS OF REASONABLE SECURITY NEEDS IN REGARDS TO THE CARGO AND THE
ARRIVAL OF SUCH CARGO AT ITS DESTINATION. A SECURITY WAIVER MAY BE
REQUESTED FOR A SPECIFIC SHIPMENT OR SERIES OF SHIPMENTS UNDER THIS
AGREEMENT WHERE SABOTAGE MAY REASONABLY BE EXPECTED OR A STATE OF
EMERGENCY EXISTS.
APPLICATION FOR SECURITY WAIVERS NEED NOT BE SUBMITTED IF A GENERAL
WAIVER HAS BEEN APPROVED AND THE RECIPIENT COUNTRY WILL USE U.S. FLAG
VESSELS TO CARRY OVER 50 PERCENT OF THE CARGO UNDER THIS AGREEMENT.
APPLICATIONS ARE REQUIRED WHERE A GENERAL WAIVER (1) HAS NOT BEEN
APPLIED FOR, (2) HAS NOT BEEN APPROVED, OR (3) HAS BEEN APPROVED BUT, ON
A SHIPMENT-BY-SHIPMENT BASIS, USE OF RECIPIENT COUNTRY FLAG VESSELS WILL
EXCEED 50 PERCENT OF THE CARGO UNDER THIS AGREEMENT. IF A GENERAL
WAIVER HAS BEEN APPROVED, EVERY EFFORT SHOULD BE MADE TO SHIP THOSE
DEFENSE ARTICLES AND EQUIPMENT INVOLVING SPECIAL SECURITY OR SAFETY
REQUIREMENTS UNDER THE RECIPIENT COUNTRY'S PORTION OF THE CARGO
AVAILABLE UNDER THE GENERAL WAIVER. THEREFORE, WAIVER APPLICATIONS FOR
SECURITY OR SAFETY REASONS WHERE A GENERAL WAIVER HAS BEEN APPROVED
SHOULD BE SUBMITTED ONLY UNDER UNUSUAL CIRCUMSTANCES.
APPLICATIONS ON THE BASIS OF SECURITY MUST PROVIDE THE SPECIFIC
SECURITY OR SAFETY REQUIREMENTS AND INFORMATION INVOLVED IN THE
SHIPMENT(S) TO BE MADE AT LEAST 21 DAYS IN ADVANCE OF THE INTENDED
SHIPMENT(S) DATES TO ENABLE VERIFICATION OF THE SECURITY OR SAFETY
REQUIREMENTS AND TO PROCESS THE APPLICATION.
THE APPLICATION SHOULD BE PROVIDED BY THE RECIPIENT COUNTRY TO THE
DIRECTOR, DEFENSE SECURITY ASSISTANCE AGENCY, ROOM 4E837, DEPARTMENT OF
DEFENSE, WASHINGTON, D.C. 20301, WITH A COPY TO THE DIRECTOR, OFFICE OF
MARKET DEVELOPMENT, MARITIME ADMINISTRATION, U.S. DEPARTMENT OF
COMMERCE, WASHINGTON, D.C. 20230.
2. IN ORDER TO MONITOR THE USE OF MARINE TRANSPORTATION UNDER THIS
AGREEMENT, PERTINENT INFORMATION SHOULD BE FORWARDED AS EARLY AS
POSSIBLE BUT NOT LATER THAN 90 DAYS AFTER SHIPMENT TO THE DIRECTOR,
OFFICE OF MARKET DEVELOPMENT, MARITIME ADMINISTRATION, U.S. DEPARTMENT
OF COMMERCE, WASHINGTON, D.C. 20230, FOR ALL SHIPMENTS OF GOODS FINANCED
IN WHOLE OR IN PART WITH CREDIT AND/OR GUARANTEED LOAN FUNDS. THE
FOLLOWING INFORMATION MUST BE REPORTED:
(A) DATE AND SOURCE OF LOAN (FFB, ETC)
(B) FAS VALUE OF CARGO
(C) MANUFACTURER
(D) FREIGHT FORWARDER
(E) OCEAN FREIGHT COST
(F) NAME OF VESSEL
(G) VESSEL FLAG OF REGISTRY
(H) DATE OF LOADING
(I) PORT OF LOADING
(J) PORT OF FINAL DISCHARGE
(K) CARGO DESCRIPTION
(L) GROSS WEIGHT OF CARGO
(M) CUBIC MEASUREMENT OF CARGO
WHERE OBTAINABLE, A PROPERLY RATED AND LEGIBLE COPY OF THE OCEAN BILL
OF LADING IN ENGLISH WILL SUFFICE SO LONG AS ALL THE ABOVE INFORMATION
IS CONTAINED THEREON.
THE FIRST $182,000 OF DISBURSEMENTS ARE REPAYABLE ON JUNE 30, 1977
THE NEXT $182,000 " " " " " DECEMBER 31, 1977
" " " " " " " " JUNE 30, 1978 " " " " " " " " DECEMBER 31, 1978
" " " " " " " " JUNE 30, 1979 " " " " " " " " DECEMBER 31, 1979
" " " " " " " " JUNE 30, 1980 " " " " " " " " DECEMBER 31, 1980
" " " " " " " " JUNE 30, 1981 " " " " " " " " DECEMBER 31, 1981
THE LAST $180,000 " " " " " JUNE 30, 1982
GERMANY, FEDERAL REPUBLIC OF 11 DEC 1974 FLITE DOCUMENT NO. 7900008
MEMORANDUM OF UNDERSTANDING EXECUTED 27 NOVEMBER AND 11 DECEMBER
1974.
MEMORANDUM OF UNDERSTANDING REGARDING MODIFICATION OF THE LEOPARD 2
TANK IN ORDER TO ACHIEVE STANDARDIZATION OF THE COMBAT TANK XM-1 AND THE
COMBAT TANK LEOPARD 2.
DAMA-PPI
MINISTERIALDIREKTOR DIPL. ING. A. WAHL
THE FEDERAL MINISTRY OF DEFENSE
POSTFACH 116 ERMEKIELSTRASSE 27
53 BONN 1, GERMANY
DEAR HERR MINISTERIALDIREKTOR WAHL:
THE ATTACHED MEMORANDUM OF UNDERSTANDING (MOU) HAS BEEN SIGNED FOR
THE US AND IS FORWARDED FOR YOUR RECORDS. AS SOON AS THE ADDITIONAL
COPIES (IN ENGLISH AND GERMAN) ARE RECEIVED, THEY WILL ALSO BE SIGNED
AND DISTRIBUTED AS APPROPRIATE.
WE WELCOME A COMPARISON OF THE MODIFIED LEOPARD-2 WITH THE XM-1.
HOWEVER, AS YOU UNDERSTAND, THE 1 SEPTEMBER 1976 DELIVERY DATE WILL NOT
PERMIT TESTING AT THE SAME TIME AS THE EVALUATION OF THE US XM-1
CANDIDATES CURRENTLY SCHEDULED TO COMMENCE WITH DT/OT-1, 1 FEBRUARY
1976. IT IS OUR INTENTION TO EVALUATE THE LEOPARD-2 AGAINST THE SAME
TEST CRITERIA ESTABLISHED FOR THE US VERSIONS OF THE XM-1.
AS YOU WILL APPRECIATE WITH REGARD TO THE FMOD LIAISON OFFICER
MENTIONED IN PARAGRAPH 10 OF THE MOU, WE SHOULD ESTABLISH SOME BASIC
GUIDELINES. WE FEEL THE AREAS OF TEST AND EVALUATION AND
COST/PRODUCIVILITY SHOULD BE THE PRINCIPAL THRUST OF THE LIAISON
OFFICER'S EFFORTS.
I HAVE ASKED THE US PROJECT MANAGER FOR XM-1 TO CONTACT HIS FMOD
COUNTERPART TO WORK OUT THE FURTHER DETAILS OF THIS AGREEMENT BECAUSE I
AM ANXIOUS TO MOVE FORWARD ON THIS MUTUALLY PRODUCTIVE EFFORT.
1 INCL
AS
1. THE UNITED STATES DEPARTMENT OF THE ARMY (USDA AND THE FEDERAL
MINISTRY OF DEFENSE (FMOD) AGREE, WITHIN NATIONAL REQUIREMENTS FOR THE
NEXT GENERATION OF THE COMBAT TANKS, TO MAKE ALL REASONABLE EFFORTS TO
ACHIEVE MAXIMUM STANDARDIZATION OF THE COMBAT TANK XM-1 AND THE COMBAT
TANK LEOPARD 2 ON THE DATE OF THEIR INTRODUCTION IN THE TWO ARMIES.
2. THE USDA CONFIRMS ITS INTENTION TO TEST A LEOPARD 2, AS MODIFIED
BY THE FMOD TO MEET USDA REQUIREMENTS, TO THE SAME GROUND RULES AND
CONSTRAINTS ESTABLISHED FOR THE XM-1 AND INCLUDE IT IN A COMPARATIVE
TEST AND EVALUATION.
3. THIS MODIFIED LEOPARD 2 WILL BE SO OPTIMIZED THAT IT WILL MEET
THE USDA MILITARY REQUIREMENTS AS FAR AS POSSIBLE; AND AT THE SAME TIME
WILL BE BASED ON THE PROVEN ASSEMBLIES OF THE LEOPARD 2. THE FMOD
UNDERTAKES TO CONDUCT ITS MODIFICATION SO THAT IT CAN BE DELIVERED FROM
THE FMOD TO THE USDA TEST SITE BY 1 SEPTEMBER 1976 FOR COMPARATIVE TEST
AND EVALUATION.
4. THE USDA WILL PROVIDE THE FMOD WITH MILITARY REQUIREMENTS,
SPECIFICATIONS, TEST PROGRAMS, PROGRAM SCHEDULES, COST CONSTRAINTS AND
RELATED GROUND RULES FOR THE XM-1 SO THAT THE FMOD MAY UNDERTAKE ALL
ACTIONS REQUIRED BY THIS MEMORANDUM OF UNDERSTANDING (MOU).
5. THE FMOD PROMISES TO SUPPORT THE TESTS AND AT NO COSTS TO THE
USDA, WILL PROVIDE THE FOLLOWING SUPPORT; HOWEVER, WITH THE INTENTION
OF AVOIDING UNNECESSARY DUPLICATION OF TESTING, WHEN MUTUALLY AGREED,
TESTS CAN BE CONDUCTED IN FRG AND ACCEPTED BASED ON MUTUAL OBSERVATION
AND EVALUATION ON A CASE BY CASE BASIS.
A. ONE LEOPARD 2 PROTOTYPE SYSTEM AS MODIFIED TO MEET USDA XM-1
REQUIREMENTS.
*B. ONE AUTOMOTIVE TEST RIG (WHICH MAY BE THE TEST BED NOW IN THE
POSSESSION OF THE USDA).
C. ONE BALLISTIC HULL AND TURRET.
*D. REPRESENTATIVE BALLISTIC TEST SECTIONS.
E. AN AGREED AMOUNT OF 135 MM AMMUNITION.
F. ALL REPAIR/SPARE PARTS, SPECIAL TOOLS, SPECIAL TEST EQUIPMENT AND
OPERATOR AND MAINTENANCE MANUALS (IN ENGLISH LANGUAGE) REQUIRED TO
SUPPORT TESTING OF THE LEOPARD 2.
G. TECHNICAL AND MAINTENANCE PERSONNEL TO EFFECT NECESSARY
MAINTENANCE AND REPAIR OF TEST ITEMS.
H. TRAINING FOR USDA OPERATORS AND MAINTENANCE PERSONNEL.
6. THE USDA AT NO COST TO THE FMOD WILL:
A. CONDUCT ALL TESTING AT USDA TEST SITES.
B. PROVIDE ALL NECESSARY TEST SITES TOGETHER WITH INTEGRAL EQUIPMENT
AND INSTRUMENTATION.
C. FURNISH GENERAL SUPPLIES, OFFICE SPACE, STORAGE AND WORKSHOP AREAS
AT THE TEST SITE(S) TO THE FMOD CONTINGENT.
D. PROVIDE TRANSPORTATION OF FMOD FURNISHED EQUIPMENT TO AND FROM THE
UNITED STATES.
E. WITHIN NATIONAL SECURITY REGULATIONS, PROVIDE UNRESTRICTED ACCESS
FOR FMOD PERSONNEL TO ALL TEST RESULTS GENERATED UNDER THIS PROGRAM.
THE USDA RESERVES THE RIGHT TO WITHHOLD THE RELEASE OF TEST RESULTS WHEN
THE US GOVERNMENT DETERMINES THE RELEASE OF TEST RESULTS WOULD BE
DETRIMENTAL TO THE COMPETITIVE ASPECTS OF THE US PROGRAM.
7. THE RESULTS OF PREVIOUS TESTS ON COMPONENTS AND ASSEMBLIES OF
LEOPARD 2 WILL BE MADE AVAILABLE TO THE USDA BY THE FMOD AND MAY BE
CONSIDERED BY THE USDA IN MAKING ITS EVALUATION. TESTS ITEMS DELIVERED
BY THE FMOD, HOWEVER, WILL BE SUBJECTED TO ALL TESTS OUTLINED BY THE
USDA FOR D/TOT I.
*THE ITEMS ASKTERISKED ARE CONSIDERED TO BE PARTICULARLY SUITABLE FOR
MUTUAL TESTING IN FRG.
8. THE USDA WILL INITIATE A JOINTLY FUNDED AND JOINTLY MANAGED STUDY
(AT AN ESTIMATED COST OF $2 MILLION) TO INVESTIGATE PRODUCIBILITY IN THE
UNITED STATES, LICENSING AND LEGAL PROBLEMS, PRODUCTION COSTS,
ADDITIONAL DEVELOPMENT COSTS AND OTHER COSTS RELATIVE TO THE LIFE CYCLE
OF THE LEOPARD 2 TANK ACQUISITION AND OPERATION. SUBJECT TO THE
AVAILABILITY OF FUNDS THE USDA AND THE FMOD AGREE TO SHARE COSTS TO A
MAXIMUM OF $1 MILLION EACH. SHOULD STUDY COSTS EXCEED THE ESTIMATED $2
MILLION, THE SHARING OF SUCH EXCESS COSTS WILL BE NEGOTIATED BY THE
PRINCIPALS MENTIONED IN PARAGRAPH 13. AS A RESULT OF THIS STUDY, THE
STUDY CONTRACTOR SHALL SUBMIT TO THE USDA, NO LATER THAN 15 DECEMBER
1975, DATA MEETING THE REQUIREMENTS OF THE USDA, SETTING FORTH THE UNIT
HARDWARE COST; UNIT PRODUCTION COST; OTHER DEVELOPMENT, ACQUISITION
AND LIFE CYCLE COSTS; AND DEVELOPMENT AND PRODUCTION PLANS AND
SCHEDULES FOR THE MODIFIED LEOPARD 2. INFORMATION ON THE REQUIRED SCOPE
AND CONTENT OF THESE DATA ITEMS WILL BE PROVIDED BY THE USDA. FMOD WILL
ENSURE THE TIMELY AVAILABILITY OF LEOPARD II PROPRIETARY DATA TO THE
STUDY CONTRACTOR.
9. SECURITY. THE PROCESSING OF CLASSIFIED MATERIAL AND INFORMATION
WILL BE SUBJECT TO THE SECURITY AGREEMENT CONCLUDED BETWEEN THE UNITED
STATES OF AMERICA AND THE FEDERAL REPUBLIC OF GERMANY ON 23 DECEMBER
1960.
10. FMOD WILL PROVIDE A LIAISON OFFICER TO THE PM XM-1 TO ASSURE
EFFECTIVE COORDINATION. DETAILED ARRANGEMENTS ARE TO BE WORKED BETWEEN
US PM XM-1 AND HIS FMOD COUNTERPART.
11. VISIT REQUESTS AND CLAIMS.
11.1 FOR THE DURATION OF THE AGREEMENT A PROGRAM CLEARANCE WILL BE
GRANTED TO A NUMBER OF INDIVIDUALS, TO BE DETERMINED, BY MUTUAL
AGREEMENT OF THE PRINCIPALS MENTIONED IN PARAGRAPH 13, IN ORDER TO
SIMPLIFY THE NORMAL PROCEDURE AND TO AVOID INDIVIDUAL APPLICATIONS.
11.2 ANY CLAIMS ARISING FROM THE COOPERATIVE TEST WILL BE DEALT WITH
IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE VIII OF THE AGREEMENT
REGARDING THE STATUS OF FORCES OF PARTIES TO THE NORTH ATLANTIC TREATY
(SOFA) PROVIDED THAT:
A. ANY FEDERAL REPUBLIC OF GERMANY OR UNITED STATES OF AMERICA
PERSONNEL WHO PARTICIPATE IN THE PROGRAM BUT WHO DO NOT COME WITHIN THE
DEFINITION OF "CIVILIAN COMPONENT" IN ARTICLE I OF SOFA WILL
NEVERTHELESS BE DEEMED, FOR THE PURPOSES OF THIS MOU, TO BE MEMBERS OF A
CIVILIAN COMPONENT ACCOMPANYING A FORCE.
B. ALL PROPERTY OWNED BY THE USDA OR THE FMOD OR THEIR CONTRACTORS
AND USED IN CONNECTION WITH THIS PROGRAM WILL BE DEEMED TO BE PROPERTY
OWNED BY A CONTRACTING PARTY TO THIS MOU AND USED BY ITS LAND, SEA OR
AIR ARMED FORCES.
C. THE PROVISIONS OF THE SOFA WILL NOT APPLY TO CLAIMS IN RESPECT OF
DAMAGE, LOSS OR INJURY CAUSED BY VEHICLES USED BY USDA OR FMOD
CONTRACTORS AND HIRED IN THE TERRITORY OF THE HOST GOVERNMENT IN
CONNECTION WITH THIS PROGRAM.
12. PROTECTION OF INFORMATION. APPLICABLE WITHIN THE SCOPE OF THIS
AGREEMENT WILL BE THE NATO AGREEMENT ON THE RELEASE OF INFORMATION,
DATED 19 OCTOBER 1970, AND ITS IMPLEMENTING PROCEDURES. BOTH PARTIES
AGREE THEREBY THAT EXCHANGED INFORMATION MAY ONLY BE USED FOR THE
PURPOSE OF MUTUAL INSTRUCTION MAY ONLY BE USED FOR THE PURPOSE OF MUTUAL
INSTRUCTION AND FOR EVALUATION BY GOVERNMENTAL AGENCIES. RELEASE TO A
THIRD PARTY WILL ONLY BE ALLOWED UPON APPROVAL OF BOTH THE FMOD AND
USDA, EXCEPT THAT THIS RESTRICTION SHALL NOT APPLY TO RELEASE BY THE
USDA OF OTHER THAN FMOD FURNISHED INFORMATION. USE OF THE RELEASED DATA
AND OF THE GIVEN INFORMATION AND LATER USE OF THE KNOWLEDGE GAINED FROM
THEM, WILL ONLY BE ALLOWED UPON APPROVAL BY BOTH GOVERNMENTS. BOTH
PARTIES WILL ASCERTAIN THAT THE RIGHTS OF THIRD PARTIES WILL BE OBSERVED
WITHIN THE SCOPE OF THE INFORMATION EXCHANGE.
13. IMPLEMENTATION OF AGREEMENT. FURTHER DETAILED ARRANGEMENTS
WITHIN THE SCOPE OF THIS MOU AND NECESSARY FOR ITS IMPLEMENTATION WILL
BE AS MUTUALLY AGREED BETWEEN THE PROJECT MANAGER, XM-1 TANK SYSTEM FOR
THE USDA AND FOR THE FMOD. . . .
FOR THE FEDERAL MINISTRY OF DEFENSE
GERMANY, FEDERAL REPUBLIC OF 26 AUG 1975 FLITE DOCUMENT NO. 7900007
AGREEMENT EXECUTED 20 JUNE AND 26 AUGUST 1975.
AGREEMENT REGARDING JOINT USE OF GARRISON TRAINING FACILITIES OF THE
FEDERAL ARMED FORCES BY THE US FORCES.
THE FEDERAL REPUBLIC OF GERMANY, REPRESENTED BY THE FEDERAL MINISTER
OF DEFENSE, BONN, THE LATTER REPRESENTED BY THE MILITARY DISTRICT
ADMINISTRATION II, HANOVER,
THE COMMANDER IN CHIEF, UNITED STATES ARMY, EUROPE (CINCUSAREUR),
REPRESENTED BY THE DEPUTY CHIEF OF STAFF FOR LOGISTICS (DCSLOG),
HEADQUARTERS USAREUR AND SEVENTH ARMY, APO 09403, ACTING ON BEHALF ON US
ARMY SECURITY AGENCY-EUROPE, FIELD STATION AUGSBURG.
JOINT USE OF GARRISON TRAINING FACILITIES OF THE FEDERAL ARMED FORCES BY
THE US FORCES.
THE FEDERAL ARMED FORCES (FAF) AGREE TO THE JOINT USE OF THEIR
GARRISON TARGET RANGE AT HOETZUM, NEAR BRAUNSCHWEIG, BY THE US FORCES
FOR THE PURPOSE OF RIFLE TRAINING. THE RANGE IS SHOWN ON THE ATTACHED
MAP WHICH IS HEREBY MADE PART OF THE AGREEMENT.
1. THE INSTALLATIONS OF THE GARRISON TARGET RANGE ARE MADE AVAILABLE
TO THE US FORCES UNDER THE FOLLOWING CONDITIONS:
A. THE US FORCES WILL SUBMIT THEIR RANGE TRAINING SCHEDULE TO HQ,
MILITARY SUBREGION 231, BRAUNSCHWEIG, GRUENEWALDSTRASSE 11, BY NOT LATER
THAN THE 20TH OF THE PRECEDING MONTH. THE MILITARY SUBREGION COMMAND
WILL INCORPORATE THE RANGE TRAINING SCHEDULE OF THE US FORCES INTO THE
MASTER RANGE SCHEDULE OF THE GARRISON TARGET RANGE AND FORWARD
CONFIRMATION OF THE PROPOSED DATES TO THE US FORCES BY THE END OF THE
MONTH.
B. THE US FORCES MAY REQUEST, ON SHORT NOTICE, ADDITIONAL ALLOCATION
OF THE RANGE FACILITIES (SEE ART. 2, PARA LA); SUCH REQUESTS WILL BE
HONORED WHENEVER POSSIBLE PROVIDED THAT THE ALLOCATION IS REQUESTED IN
WRITING TWO WEEKS PRIOR TO THE PROPOSED DATE OF TRAINING. SUCH TRAINING
WILL BE COORDINATED BETWEEN A LIAISON OFFICER, TO BE DESIGNATED BY THE
US FORCES, AND THE MILITARY SUBREGION COMMAND.
2. THE US FORCES WILL STRICTLY COMPLY WITH ALL REGULATIONS GOVERNING
THE OPERATION OF THE GARRISON TARGET RANGE. PERTINENT REGULATIONS AND
ANY EXISTING SPECIAL DIRECTIVES WILL BE REQUESTED BY THE US FORCES FROM
HQ, MILITARY SUBREGION 231, BRAUNSCHWEIG, GRUENEWALDSTRASSE 11, PRIOR TO
INITIAL JOINT USE OF THE RANGE. THESE REGULATIONS WILL BE BROUGHT TO
THE ATTENTION OF THE OFFICER IN CHARGE OF THE US UNIT IN TRAINING. THIS
OFFICER IS RESPONSIBLE TO REPORT ANY INCIDENTS WITHOUT DELAY TO HQ,
MILITARY SUBREGION COMMAND 231, BRAUNSCHWEIG, GRUENEWALDSTRASSE 11; TO
GARRISON HEADQUARTERS, BRAUNSCHWEIG, GRUENEWALDSTRASSE 12; AND TO THE
RANGE WARDEN ON DUTY.
3. A. JOINT USE OF THE GARRISON TARGET RANGE WILL NOT IMPAIR ITS
CONDITION AND SAFETY. THE US FORCES WILL NOT MAKE ANY PERMANENT CHANGES
OF THE JOINTLY USED FACILITIES, NOR WILL THEY CONSTRUCT ADDITIONAL
INSTALLATIONS.
B. THE US FORCES AGREE TO RETURN THE TARGET RANGE IN A CLEAN AND
ORDERLY CONDITION AND TO REPORT ANY DEFICIENCIES TO THE RANGE WARDEN ON
DUTY AND GARRISON HEADQUARTERS, BRAUNSCHWEIG, GRUENEWALDSTRASSE 12,
WITHOUT DELAY.
4. THE US LIAISON OFFICER, TOGETHER WITH REPRESENTATIVES OF HQ,
MILITARY SUBREGION 231, BRAUNSCHWEIG AND GARRISON HEADQUARTERS
BRAUNSCHWEIG, WILL JOINTLY INSPECT THE TARGET RANGE EACH TIME BEFORE AND
AFTER USE BY THE US FORCES. A WRITTEN INSPECTION REPORT WILL BE
PREPARED IN THE EVENT OF DAMAGE, DETERIORATION OF THE CONDITION OF THE
TARGET RANGE, OR UPON REQUEST BY ONE OF THE PARTIES TO THE AGREEMENT.
5. DAMAGE ON WHICH NO AGREEMENT CAN BE REACHED AS TO THE SURROUNDING
CIRCUMSTANCES AT THE TIME OF THE JOINT INSPECTION (ARTICLE 2, PARA 4)
WILL BE REFERRED TO THE NEXT HIGHER AUTHORITY FOR DECISION.
1. THE US FORCES WILL PROVIDE THE FOLLOWING EQUIPMENT:
2. UPON REQUEST, THE FEDERAL ARMED FORCES WILL PROVIDE THE FOLLOWING
EQUIPMENT:
3. THE FEDERAL ARMED FORCES WILL PROVIDE A TELEPHONE TERMINAL TO THE
LOCAL FAF TELEPHONE NETWORK ON THE GARRISON TARGET RANGE.
THE US FORCES WILL PARTICIPATE IN RESCUE OPERATIONS UNDER THE
DIRECTION OF THE FAF SAFETY OFFICER. ANY VEHICLES REQUIRED WILL BE
FURNISHED BY THE US FORCES WHENEVER POSSIBLE.
1. THE US FORCES AGREE TO REIMBURSE THE BUNDESWEHR FOR THEIR
PROPORTIONATE SHARE OF THOSE OPERATING COSTS REFERRED TO IN ARTICLE 63
OF THE SUPPLEMENTARY AGREEMENT TO THE NATO SOFA. THE BUNDESWEHR WILL
MAKE THE ASSESSMENT ANNUALLY.
2. THE US FORCES' PROPORTIONATE SHARE OF THE OPERATING COSTS WILL BE
COMPUTED BY MULTIPLYING THE PERCENTAGE OF USE (ARRIVED AT BY DIVIDING
THE NUMBER OF DAYS THAT THE US FORCES ACTUALLY USE THE TRAINING AREAS BY
365 DAYS) BY THE TOTAL SUM OF OPERATING COSTS.
3. IN ACCORDANCE WITH ARTICLE 5, PARA 2, ABOVE, GARRISON
HEADQUARTERS BRAUNSCHWEIG WILL FURNISH THE US FORCES (US ARMY V CORPS,
APO 09079) AN ANNUAL BILL OF THE COSTS TO BE REIMBURSED BY THE US FORCES
COVERING THE PERIOD 1 JULY TO 30 JUNE OF THE FOLLOWING YEAR. BILLS ARE
TO BE SUBMITTED AT LEAST 90 DAYS PRIOR TO 30 JUNE SO THAT PAYMENT CAN BE
EFFECTED BY THE US FORCES WITHIN THE PERTINENT US FISCAL YEAR. IT IS
ACCEPTABLE THAT THE LAST 90 DAYS OF THE US FISCAL YEAR REPRESENT AN
ESTIMATED REIMBURSABLE AMOUNT. A RESPONSIBLE PERSON, DESIGNATED BY THE
COMMANDER, USASA-E, FIELD STATION AUGSBURG, WILL CERTIFY THE CORRECTNESS
OF THE BILLS. THE BILLS WILL BE IN TRIPLICATE AND WILL BE PAID BY THE
US FORCES WITHIN ONE MONTH AFTER RECEIPT BY REMITTING THE AMOUNT TO THE
CREDIT OF STANDORTKASSE BRAUNSCHWEIG, POSTSCHECKKONTO HANNOVER NO.
43040-309 OR TO ACCOUNT NO. 270-01-002 AT THE LANDESZENTRALBANK
BRAUNSCHWEIG.
ALL CLAIMS RELATING TO INJURIES OR DAMAGES, INCLUDING THE CLAIMS OF
THIRD PARTIES, RESULTING FROM THE USE BY THE US FORCES OF THE TRAINING
FACILITIES WILL BE SETTLED IN ACCORDANCE WITH THE PROVISIONS OF THE NATO
STATUS OF FORCES AGREEMENT AND ITS SUPPLEMENTARY AGREEMENT.
1. THIS AGREEMENT WILL BECOME EFFECTIVE UPON SIGNATURE BY BOTH
PARTIES TO THE AGREEMENT. TWO ORIGINAL COPIES WILL BE PREPARED IN BOTH
THE GERMAN AND ENGLISH LANGUAGE WITH THE WORDING OF BOTH VERSIONS
EQUALLY BINDING. FOR INTERNAL ADMINISTRATIVE PURPOSES OF THE FEDERAL
ARMED FORCES, ADDITIONAL FIVE COPIES OF THE AGREEMENT IN THE GERMAN
LANGUAGE WILL BE FURNISHED.
2. THIS AGREEMENT MAY BE CHANGED BY MUTUAL CONSENT OF EITHER PARTY
TO THE PRESENT AGREEMENT. ANY CHANGES WILL BE MADE IN WRITING.
3. EITHER PARTY MAY TERMINATE THIS AGREEMENT BY GIVING A 3 MONTH
NOTICE.
FOR THE FEDERAL MINISTER OF DEFENSE, REPRESENTED BY THE
ADMINISTRATIVE OFFICE, MILITARY DISTRICT II, HANNOVER
GERMANY, FEDERAL REPUBLIC OF 18 SEP 1975 FLITE DOCUMENT NO. 7900006
EXCHANGE OF LETTERS EXECUTED 16 JULY AND 18 SEPTEMBER 1975.
EXCHANGE OF LETTERS REGARDING US FORCES' LOGISTICAL SUPPORT FOR
PERSONNEL ASSIGNED TO THE NATO SCHOOL (SHAPE).
AEUTLBN
SUBJECT: US FORCES' LOGISTICAL SUPPORT FOR PERSONNEL ASSIGNED TO THE
NATO SCHOOL (SHAPE)
HORRN
MINISTERIALDIRIGENT E. HUBRICH
VI B
BUNDESMINISTERIUM DER FINANZEN
53 BONN 1
RHEINDORFERSTRASSE 108
DEAR MR. HUBRICH:
THE COMMANDANT OF THE NATO SCHOOL (SHAPE) HAS REQUESTED THAT USAREUR
SEEK AUTHORITY FROM YOUR MINISTRY TO ACCORD ALL PERSONNEL ASSIGNED OR
ATTACHED TO THAT SCHOOL THE RIGHTS AND PRIVILEGES THAT ARE NOT ACCORDED
PERSONNEL OF AN INTERNATIONAL MILITARY HEADQUARTERS IN THE FEDERAL
REPUBLIC OF GERMANY.
THE NATO SCHOOL (SHAPE), ABBREVIATED NSS, IS LOCATED IN OBERAMMERGAU
AND HAS THE MISSION OF INSTRUCTING KEY PERSONNEL OF NATO NATIONS IN
NUCLEAR WEAPONS POLICY AND FAMILIARIZATION PRESCRIBED BY SHAPE (SUPREME
HEADQUARTERS ALLIED POWERS, EUROPE). ALTHOUGH IT IS AN ACTIVITY OF
UNITED STATES EUROPEAN COMMAND, NSS IS UNDER THE COMPLETE OPERATIONAL
CONTROL OF SHAPE. THE SCHOOL IS STAFFED BY PERSONNEL FROM VARIOUS NATO
NATIONS, SOME OF WHICH ARE NOT SENDING STATES IN THE SENSE OF THE NATO
STATUS OF FORCES AGREEMENT. THE CURRENT COMPOSITION OF THE NSS STAFF,
WHICH IS CONSIDERED TO BE TYPICAL BOTH IN SIZE AND IN NATIONAL
MEMBERSHIP, IS AS FOLLOWS:
THE NSS COMMANDANT ANTICIPATES A DANGER TO MORALE IF SUCH ALLIED
PERSONNEL, WHO PERFORM THE SAME DUTIES AND SHARE THE SAME
RESPONSIBILITIES AT THE SCHOOL, ARE ACCORDED DIFFERING LOGISTICAL
SUPPORT. BECAUSE NSS IS ORGANIZATIONALLY-- THOUGH NOT FUNCTIONALLY-- A
NATIONAL SCHOOL, APPLICABLE USAREUR REGULATIONS WOULD REQUIRE LOGISTICAL
SUPPORT TO BE FURNISHED UNEQUALLY TO ITS STAFF MEMBERS.
PRECEDENT FOR THE REQUESTED APPROVAL BY THE FEDERAL REPUBLIC OF
GERMANY IS FOUND IN THE LOGISTICAL SUPPORT ARRANGEMENTS FOR EXISTING
INTERNATIONAL MILITARY HEADQUARTERS SUCH AS CENTRAL ARMY GROUP (CENTAG)
AND FOURTH ALLIED TACTICAL AIR FORCE (4ATAF) AND IN THE OCTOBER 1974
AUTHORIZATION BY THE MINISTRY OF FINANCE TO EXTEND TO THE NSS (FORMERLY
NWSS) COMMUNITY CLUB ALL PROVISIONS APPLICABLE TO THE CENTAG
INTERNATIONAL "ALL RANKS CLUB".
YOUR MINISTRY'S EARLY AND SYMPATHETIC CONSIDERATION OF THIS REQUEST
WILL BE GREATLY APPRECIATED.
CC: AEAJA-IA
POL/MIL MR. REMOLE
COORDINATE: POL/MIL MR. REMOLE
FEDERAL MINISTRY OF FINANCE
SUBJECT: NATO SCHOOL AT OBERAMMERGAU
HERE: GRANTING OF LEGAL PRIVILEGES TO PERSONNEL OF INTERNATIONAL
HEADQUARTERS
FILE NO: III B 2 - Z 1760 - 7/75
REFERENCE: AUTLBN, 16 JULY, 29 AUG 75
DEAR MR. HELLER:
FROM YOUR LETTER OF 16 JULY 1975, I UNDERSTAND THAT THE NATO SCHOOL
AT OBERAMMERGAU IS TECHNICALLY PART OF SHAPE. ACCORDINGLY, TO THE
EXTENT TO WHICH THE PERSONNEL IS NOT ALREADY ENTITLED TO PRIVILEGES
UNDER THE SUPPLEMENTARY AGREEMENT TO THE NATO STATUS OF FORCES
AGREEMENT, SUCH PERSONNEL MAY BE GRANTED LEGAL PRIVILEGES PURSUANT TO
THE "STATUTE CONCERNING THE PROTOCOL ON THE STATUS OF NATO HEADQUARTERS
AND THE SUPPLEMENTARY AGREEMENTS".
THE EXTENT TO WHICH MERCHANDISE MAY BE ACQUIRED BY AUTHORIZED
MILITARY PERSONNEL IS GOVERNED BY ARTICLES 5 AND 7 OF THE ADMINISTRATIVE
AGREEMENT WITH SHAPE IMPLEMENTING THE CUSTOMS AND TAX PROVISIONS OF THE
SUPPLEMENTARY AGREEMENT AND DATED 16 JANUARY/4 MARCH 1970. A COPY OF
THOSE PROVISIONS IS ATTACHED.
KENYA, REPUBLIC OF 24 AUG 1976 FLITE DOCUMENT NO. 7900005
EXCHANGE OF NOTES EXECUTED 10 AND 24 AUGUST 1976.
EXCHANGE OF NOTES REGARDING THE NON-TRANSFER OF DEFENSE SERVICES OR
TRAINING.
REF. NO. MFA 158/381/398A/65
THE MINISTRY OF FOREIGN AFFAIRS OF THE REPUBLIC OF KENYA PRESENTS ITS
COMPLIMENTS TO THE EMBASSY OF THE UNITED STATES OF AMERICA AND HAS THE
HONOUR TO ACKNOWLEDGE RECEIPT OF THE EMBASSY'S NOTE NO. 133 DATE 10TH
AUGUST, 1976 IN RESPECT OF THE RECENTLY ENACTED PROVISIONS OF UNITED
STATES LAW EFFECTING ELIGIBILITY FOR U.S. MILITARY ASSISTANCE AND
TRAINING.
IN ORDER TO IMPLEMENT THIS LAW THE GOVERNMENT OF THE REPUBLIC OF
KENYA HEREBY PROVIDES THE FOLLOWING ASSURANCES:-
1. THAT IT WILL NOT, WITHOUT THE CONSENT OF THE UNITED STATES
GOVERNMENT.
A. PERMIT ANY USE OF SERVICES OR TRAINING, FURNISHED BY THE UNITED
STATES GOVERNMENT BY
ANYONE NOT AN OFFICER, EMPLOYEE OR AGENT OF THE GOVERNMENT OF KENYA,
B. TRANSFER OR PERMIT ANY OFFICER, EMPLOYEE, OR AGENT OF THE
GOVERNMENT OF KENYA TO
TRANSFER SUCH SERVICES OR TRAINING BY GIFT, SALE, OR OTHERWISE, OR
C. USE OR PERMIT THE USE OF SUCH SERVICES OR TRAINING FOR PURPOSE
OTHER THAN THOSE FOR
WHICH FURNISHED BY THE UNITED STATES GOVERNMENT.
2. THAT IT WILL MAINTAIN THE SECURITY OF SUCH SERVICES OR TRAINING
AS ARE FURNISHED BY THE
UNITED STATES GOVERNMENT; AND WILL PROVIDE SUBSTANTIALLY THE SAME
DEGREE OF SECURITY
PROTECTION AFFORDED TO SUCH SERVICES OR TRAINING BY THE UNITED STATES
GOVERNMENT.
3. THAT IT WILL PERMIT CONTINUOUS OBSERVATION AND REVIEW BY, AND
FURNISH NECESSARY
INFORMATION TO, REPRESENTATIVES OF SUCH SERVICES OR TRAINING AND
THAT IT WILL RETURN TO THE UNITED STATES GOVERNMENT SUCH SERVICE OR
TRAINING MATERIALS
FURNISHED ON A GRANT BASIS AS ARE NO LONGER NEEDED FOR THE PURPOSES
FOR WHICH FURNISHED,
UNLESS THE UNITED STATES GOVERNMENT CONSENTS TO OTHER DISPOSITION.
THE MINISTRY OF FOREIGN AFFAIRS OF THE REPUBLIC OF KENYA AVAIL ITSELF
OF THIS OPPORTUNITY TO RENEW TO THE EMBASSY OF THE UNITED STATES OF
AMERICA THE ASSURANCES OF ITS HIGHEST CONSIDERATION.
24TH AUGUST, 1976
NAIROBI
THE EMBASSY OF THE UNITED STATES OF AMERICA,
P.O. BOX 30137,
NAIROBI
PMN/MM
NO. 133
THE EMBASSY OF THE UNITED STATES OF AMERICA PRESENTS ITS COMPLIMENTS
TO THE MINISTRY OF FOREIGN AFFAIRS OF THE REPUBLIC OF KENYA AND HAS THE
HONOR TO REFER TO RECENTLY ENACTED PROVISIONS OF UNITED STATES LAW
AFFECTING ELIGIBILITY FOR U.S. MILITARY ASSISTANCE AND TRAINING.
THE PROVISIONS OF THE INTERNATIONAL SECURITY ASSISTANCE AND ARMS
EXPORT CONTROL ACT OF 1976 ESTABLISH NEW STATUTORY AUTHORITY FOR
MILITARY EDUCATION AND TRAINING WHICH HERETOFORE HAS BEEN FURNISHED BY
THE UNITED STATES GOVERNMENT AS A DEFENSE SERVICE UNDER ITS MILITARY
ASSISTANCE PROGRAM. IN ADDITION, THEY PROHIBIT THE FURNISHING OF SUCH
TRAINING UNLESS THE RECIPIENT COUNTRY AGREES THAT IT WILL OBSERVE
CERTAIN CONDITIONS REGARDING SUCH TRAINING. THESE CONDITIONS ARE THAT,
WITHOUT THE CONSENT OF THE UNITED STATES GOVERNMENT, THE RECIPIENT
COUNTRY WILL NOT PERMIT THE USE OF SUCH SERVICES OR TRAINING BY ANYONE
NOT AN OFFICER, EMPLOYEE, OR AGENT OF THAT COUNTRY; THAT IT WILL NOT
TRANSFER OR PERMIT THEIR TRANSFER BY GIFT, SALE, OR OTHERWISE; THAT IT
WILL NOT USE THEM OR PERMIT THEIR USE FOR PURPOSES OTHER THAN THOSE FOR
WHICH FURNISHED; THAT IT WILL MAINTAIN THEIR SECURITY; THAT IT WILL
PERMIT CONTINUOUS OBSERVATION AND REVIEW BY UNITED STATES GOVERNMENT
REPRESENTATIVES REGARDING THEIR USE; AND THAT, UNLESS THE UNITED STATES
GOVERNMENT CONSENTS TO OTHER DISPOSITION, IT WILL RETURN THEM TO THE
UNITED STATES GOVERNMENT WHEN NO LONGER NEEDED.
IN ORDER TO IMPLEMENT THIS LAW, AND TO PRESERVE THE ELIGIBILITY OF
THE GOVERNMENT OF KENYA FOR MILITARY TRAINING THEREUNDER, IT IS PROPOSED
THAT THE GOVERNMENT OF KENYA PROVIDE THE FOLLOWING ASSURANCES:
1. THAT IT WILL NOT, WITHOUT THE CONSENT OF THE UNITED STATES
GOVERNMENT.
A. PERMIT ANY USE OF SERVICES OR TRAINING, FURNISHED BY THE UNITED
STATES GOVERNMENT BY ANYONE NOT AN OFFICER, EMPLOYEE, OR AGENT OF THE
GOVERNMENT OF KENYA,
B. TRANSFER OR PERMIT ANY OFFICER, EMPLOYEE, OR AGENT OF THE
GOVERNMENT OF KENYA TO TRANSFER SUCH SERVICES OR TRAINING BY GIFT, SALE,
OR OTHERWISE, OR
C. USE OR PERMIT THE USE OF SUCH SERVICES OR TRAINING FOR PURPOSE
OTHER THAN THOSE FOR WHICH FURNISHED BY THE UNITED STATES GOVERNMENT.
2. THAT IT WILL MAINTAIN THE SECURITY OF SUCH SERVICES OR TRAINING
AS ARE FURNISHED BY THE UNITED STATES GOVERNMENT; AND WILL PROVIDE
SUBSTANTIALLY THE SAME DEGREE OF SECURITY PROTECTION AFFORDED TO SUCH
SERVICES OR TRAINING BY THE UNITED STATES GOVERNMENT.
3. THAT IT WILL PERMIT CONTINUOUS OBSERVATION AND REVIEW BY, AND
FURNISH NECESSARY INFORMATION TO, REPRESENTATIVES OF THE UNITED STATES
GOVERNMENT WITH REGARD TO THE USE OF SUCH SERVICES OR TRAINING, AND
4. THAT IT WILL RETURN TO THE UNITED STATES GOVERNMENT SUCH SERVICE
OR TRAINING MATERIALS FURNISHED ON A GRANT BASIS AS ARE NO LONGER NEEDED
FOR THE PURPOSES FOR WHICH FURNISHED, UNLESS THE UNITED STATES
GOVERNMENT CONSENTS TO OTHER DISPOSITION.
IT IS FURTHER PROPOSED THAT THE MINISTRY'S REPLY STATING THAT THE
FOREGOING IS ACCEPTABLE TO THE GOVERNMENT OF KENYA SHALL, TOGETHER WITH
THIS NOTE, CONSTITUTE AN AGREEMENT BETWEEN THE GOVERNMENTS ON THIS
SUBJECT, TO BE EFFECTIVE FROM THE DATE OF THE MINISTRY'S NOTE IN REPLY.
THE EMBASSY OF THE UNITED STATES AVAILS ITSELF OF THIS OPPORTUNITY TO
RENEW TO THE REPUBLIC OF KENYA THE ASSURANCES OF ITS HIGHEST
CONSIDERATION.
CC: MINISTRY OF DEFENCE
EMBASSY OF THE UNITED STATES OF AMERICA
I CERTIFY THAT THIS IS A TRUE COPY OF THE ORIGINAL INITIALED BY
ANTHONY D. MARSHALL, AMERICAN AMBASSADOR.
GERMANY, FEDERAL REPUBLIC OF 5 DEC 1974 FLITE DOCUMENT NO. 7900004
ADMINISTRATIVE AGREEMENT EXECUTED 5 DECEMBER 1974; EFFECTIVE 1 JULY
1974.
ADMINISTRATIVE AGREEMENT REGARDING SUPPORT TO BE RENDERED TO THE NATO
WEAPONS SYSTEMS SCHOOL, OBERAMMERGAU.
REGARDING SUPPORT TO BE RENDERED TO THE NATO WEAPONS SYSTEMS SCHOOL
(NWSS), OBERAMMERGAU.
THE FEDERAL MINISTER OF DEFENSE OF THE FEDERAL REPUBLIC OF GERMANY
(MOD),
THE COMMANDER IN CHIEF, UNITED STATES ARMY, EUROPE AND SEVENTH ARMY
(USAREUR) -
WITH THE INTENTION TO CONVERT NWSS THROUGH JOINT EFFORTS INTO AN
INTERNATIONAL MILITARY ORGANIZATION IN THE SENSE OF ARTICLE 14,
PARAGRAPH 1 OF THE PROTOCOL REGARDING THE LEGAL STATUS OF INTERNATIONAL
MILITARY HEADQUARTERS ESTABLISHED ON THE BASIS OF THE NORTH ATLANTIC
TREATY.
CONSIDERING THAT THE FEDERAL MINISTER OF DEFENSE OF THE FEDERAL
REPUBLIC OF GERMANY RENDERS SUPPORT SERVICES TO NWSS UNTIL REALIZATION
OF THIS INTENTION - HAVE AGREED TO THE FOLLOWING:
(1) BUILDING 630 AND 633 ARE MADE AVAILABLE BY MOD TO NWSS FOR USE AS
SCHOOL BUILDINGS.
(2) USAREUR REIMBURSES MOD THE OPERATIONAL COSTS OF SUBJECT
BUILDINGS, INCLUDING THE CURRENT PUBLIC CHARGES FOR THE REAL PROPERTY TO
THE EXTENT THAT THE FEDERAL REPUBLIC OF GERMANY IS OBLIGATED UNDER
GERMAN LAW TO PAY OR REIMBURSE SUCH CHARGES. THE COMMANDANT, NWSS, HAS
TO CERTIFY THE EVIDENCE OF THE OPERATIONAL COSTS.
(3) USAREUR REINBURSES, HOWEVER, THOSE COSTS FOR MAINTENANCE AND
REPAIR RESULTING FROM ALTERATIONS REQUESTED BY THE COMMANDANT, NWSS.
FINANCIAL REIMBURSEMENT MUST BE APPROVED BY A DESIGNATED USAREUR
REPRESENTATIVE USING THE APPROVAL CRITERIA AND LIMITATIONS FOR MINOR
MILITARY CONSTRUCTION MEASURES. FURNISHING OF ABOVE MENTIONED SUPPORT
AND SERVICES BY MOD WILL, AS FAR AS POSSIBLE, BE EFFECTED IN ACCORDANCE
WITH US STANDARDS.
(4) NWSS, AS JOINT USER, IS PERMITTED ACCESS TO THE BUNDESWEHR
TELECOMMUNICATIONS SYSTEM, INCLUDING TELEPHONE AND TELETYPE CAPABILITY.
COMMUNICATION INTERCONNECTION WITH THE DEUTSCHE BUNDESPOST SYSTEM WILL
BE FURNISHED WITHIN THE TECHNICAL CAPABILITY OF THE EXISTING CABLE
DISTRIBUTION SYSTEM. A MINIMUM OF FIVE CIRCUITS IS REQUIRED. COSTS FOR
TELEPHONE CALLS VIA THE BUNDESPOST SYSTEM ARE REIMBURSABLE. TELEPHONE
CONNECTION TO THE US MILITARY NET WILL BE PROVIDED AT USAREUR'S EXPENSE
BY MEANS OF A LINE BETWEEN NWSS AND MUNICH MILITARY OPERATOR.
(1) BUILDINGS 761, 762 AND 763 ARE MADE AVAILABLE BY MOD TO NWSS FOR
USE AS BILLETS (BOQS) AND DINING FACILITY. SUBJECT FACILITIES ARE
OPERATED BY NWSS UNDER RULES AND GUIDELINES YET TO BE DETERMINED.
(2) USAREUR REIMBURSES THE TOTAL COSTS IN ACCORDANCE WITH ARTICLE 3,
PARAGRAPH 4 (D) OF THE SUPPLEMENTARY AGREEMENT TO NATO SOFA.
THE COMMANDANT, NWSS, AND A REPRESENTATIVE OF MOD WILL EACH YEAR
DEFINE THE STANDARDS FOR THE REIMBURSABLE SUPPORT AND AGREE UPON AN
ESTIMATE OF USAREUR'S REQUIREMENTS FOR THE NEXT FISCAL YEAR, ALONG WITH
THE PROJECTED COSTS. THESE ESTIMATES ARE NOT TO BE EXCEEDED WITHOUT THE
PRIOR APPROVAL OF THE COMMANDANT, NWSS.
GUARDING OF BUILDING 630 IN ACCORDANCE WITH SHAPE SECURITY
REGULATIONS IS AN NWSS RESPONSIBILITY. UPON REQUEST OF NWSS, MOD WILL
ASSIST IN THE CONCLUSION OF A CONTRACT WITH A CIVIL GUARD ORGANIZATION.
THE GERMAN CONTINGENT NWSS IS INCREASED BY
ONE OFFICER FOR PROTOCOL ASSISTANCE
TWO SOLDIERS FOR PROTOCOL ASSISTANCE
TWO SOLDIERS AS LECTURE HALL ASSISTANTS
THREE DRIVERS
THESE PERSONNEL ARE ASSIGNED TO NWSS FOR DUTY; NWSS WILL KEEP THE
DRIVERS GAINFULLY OCCUPIED.
(1) THE FOLLOWING IS MADE AVAILABLE TO NWSS ON AN AS-REQUIRED BASIS:
1 BUS WITH 40-SEAT CAPACITY; 1 BUS WITH 27-SEAT CAPACITY, 3
MEDIUM-SIZE FOUR-DOOR SEDANS, EQUAL IN SIZE OR SMALLER THAN A US
MANUFACTURED LIGHT SEDAN.
(2) ONE MEDIUM-SIZE SEDAN WILL BE MADE AVAILABLE ON 1 JULY 1974, ONE
BUS ON 1 SEPTEMBER 1974, WHEREAS THE OTHER VEHICLES WILL BE MADE
AVAILABLE AT THE BEGINNING OF 1975.
(3) USAREUR REIMBURSES THE OPERATION AND MAINTENANCE COSTS AS WELL AS
AN ADEQUATE DEPRECIATION RATE FOR THE MILEAGE OR FOR PERIODS UTILIZED.
COSTS WILL BE DETERMINED IN ACCORDANCE WITH REGULATIONS APPLICABLE TO
THE BUNDESWEHR.
MOD PROVIDES EMERGENCY MEDICAL SERVICE THROUGH A MILITARY OR A
CONTRACT SURGEON IN THE GARMISCH-OBERAMMERGAU AREA.
USAREUR PROVIDED EQUIPMENT IN THE SCHOOL BUILDINGS (I.E.
AUDIO-VISUAL EQUIPMENT, ETC.) WILL BE MAINTAINED AND REPAIRED WITHIN
CAPABILITY BY MOD AGAINST REIMBURSEMENT.
(1) FIRE AND POLICE PROTECTION WILL BE PROVIDED BY THE LOCAL
AUTHORITIES.
(2) UPON ESTABLISHMENT OF A GERMAN DINING FACILITY, NWSS WILL BE
PERMITTED ACCESS THERETO BY MOD.
(3) MOD WILL PERMIT NWSS TO PURCHASE OFFICE SUPPLIES UNDER THE SAME
CONDITIONS AS THE BUNDESWEHR ADMINISTRATIVE SCHOOL IS PERMITTED TO BUY.
ALL BILLS (PRESENTED ON A MONTHLY OR QUARTERLY BASIS) MUST BE PAID
WITHIN 6 WEEKS FROM THE DATE OF THE BILL TO ACCOUNTS TO BE DESIGNATED BY
THE BUNDESWEHR ADMINISTRATION.
(1) THIS AGREEMENT BECOMES EFFECTIVE ON 1 JULY 1974. IT CAN BE
AMENDED BY THE AGREEMENT PARTIES UNDER MUTUAL CONSENT. AMENDMENTS MUST
BE MADE IN WRITING.
(2) EACH OF THE AGREEMENT PARTIES CAN TERMINATE THE AGREEMENT WITH A
3-MONTH NOTICE TO THE END OF A CALENDAR QUARTER.
DONE AT HEIDELBERG ON
DONE AT BONN ON DECEMBER 5, 1974 IN TWO ORIGINALS, EACH IN THE GERMAN
AND ENGLISH LANGUAGE, WHEREBY EACH WORDING IS EQUALLY BINDING.
FOR THE COMMANDER IN CHIEF
UNITED STATES ARMY, EUROPE
AND SEVENTH ARMY
V.C. EVANS
COL, GS
C, PLANS & OPS DIV
DCSLOG, USAREUR
FOR THE FEDERAL MINISTER OF DEFENSE OF THE FEDERAL REPUBLIC OF
GERMANY
(BACKES)
MINISTERIALRAT
ARGENTINA 1 JAN 1976 FLITE DOCUMENT NO. 7900003
AGREEMENT EXECUTED 1 JUNE 1976.
AGREEMENT REGARDING EXCHANGE OF FUEL BETWEEN VESSELS OF US NAVY AND
COAST GUARD AND THE ARGENTINE NAVY.
1. GENERAL
A. WITH THE PURPOSE OF FACILITATING THE FUEL TRANSACTIONS WHICH
INVOLVE VESSELS OF THE U.S. NAVY AND THE U.S. COAST GUARD AND THE
ARGENTINE NAVY DURING JOINT OPERATIONS, AND OCCASIONAL VISITS OF UNITS
OF THE RESPECTIVE COUNTRIES TO NAVAL BASES AN AGREEMENT IS ESTABLISHED
ON THE BASIS OF THE FOLLOWING POINTS:
1. THE ARGENTINE NAVY AGREES TO PROVIDE THE FOLLOWING TYPES OF FUEL
TO VESSELS OF THE U.S. NAVY AND U.S. COAST GUARD IN ARGENTINE NAVAL
BASES, IN HER TERRITORIAL WATERS.
TYPE OF FUEL
SPECIAL NAVY FUEL (F.O.N. 70/30)
DIESEL OIL - DIESEL FUEL
GAS OIL - MARINE DIESEL OIL AND OTHER TYPES OF FUEL COMMON TO BOTH
THE U.S. AND ARGENTINE
NAVIES.
THE UNIT OF MEASURE USED BY THE ARGENTINE NAVY AND THE CONVERSION
FACTOR TO U.S. GALLONS IS
AS FOLLOWS:
UNIT OF MEASURE CONVERSION FACTOR
ONE (1) GALLON 3.78543 LITRES
AIRCRAFT WILL BE SUPPLIED DIRECTLY BY STATE ENTERPRISE YPF, WHO WILL
FURNISH ALL INVOICES, UTILIZING PROCEDURES SIMILAR TO THOSE APPLIED TO
THE SUPPLY OF THEIR OWN AIRCRAFT.
2. THE U.S. NAVY AGREES TO SUPPLY THE FOLLOWING TYPES OF FUEL TO
VESSELS OF THE ARGENTINE NAVY WHICH ARE OPERATING IN U.S. NAVAL BASES,
OR HER TERRITORIES AND/OR POSSESSIONS, AND IN TERRITORIAL WATERS, OR
FROM AVAILABLE U.S. NAVY FUEL SOURCES.
TYPES OF FUEL
THE SAME FUELS AS LISTED IN SUBPARAGRAPH (1) AND OTHER FUELS COMMON
TO BOTH THE U.S. AND ARGENTINE NAVIES.
3. ALL DEBTS OWED BY THE U.S. NAVY TO THE ARGENTINE NAVY OR VICE
VERSA, ON DATES PREVIOUS TO THE DATE OF THIS AGREEMENT WILL BE SETTLED
SEPARATELY FROM THIS AGREEMENT.
II. OFFICES AUTHORIZED TO NEGOTIATE THE SUPPLY OF FUEL, TO RECEIVE
AND ISSUE FUEL AND TO MAINTAIN OFFICIAL ACCOUNTABLE RECORDS:
A. U.S. NAVY
1. THE FOLLOWING AUTHORITIES OF THE U.S. NAVY ARE AUTHORIZED TO
RECEIVE AND ISSUE FUEL:
(A) COMMANDER OF THE NAVAL FLEET UNITS
(B) COMMANDER OF A U.S. NAVAL BASE WHERE THE FUEL IS ISSUED, OR HIS
DESIGNATED REPRESENTATIVE.
2. THE NAVY REGIONAL FINANCE CENTER (PAD), WASHINGTON, D.C., 20371,
WILL KEEP THE OFFICIAL ACCOUNTABLE RECORDS OF THE RECEIPT AND ISSUE OF
FUEL.
3. THE OFFICE OF THE U.S. NAVAL ATTACHE, U.S. EMBASSY IN BUENOS
AIRES, ARGENTINA, IS DESIGNATED TO DETERMINE WITH ARGENTINE NAVY
AUTHORITIES THE METHOD OF SETTLEMENT AS FOLLOWS:
(A) REPLACEMENT BY U.S. NAVY STOCKS, PROVIDED THE PRODUCT OR
ACCEPTABLE SUBSTITUTE IS AVAILABLE AT DESIRED LOCATION.
(B) REPLACEMENT BY U.S. GOVERNMENT CONTRACT. WHEN PRODUCT IS NOT
AVAILABLE FROM U.S. NAVY STOCKS THE U.S. NAVY PETROLEUM OFFICE MAY
ARRANGE SUPPLY OF PRODUCT OWED FROM U.S. GOVERNMENT CONTRACT.
(C) BY CASH.
(1) EACH OFFICE MAINTAINING OFFICIAL RECORDS WILL PREPARE A STATEMENT
SHOWING THE UNITS OF EACH PRODUCT RECEIVED AND/OR ISSUED AS OF 31
DECEMBER AND FORWARD THE STATEMENT TO THE OTHER OFFICE ON OR BEFORE 1
MARCH FOLLOWING THE CALENDAR YEAR COVERED BY THE AGREEMENT.
(2) THE OFFICE RECEIVING THE STATEMENT WILL VERIFY THE TRANSACTIONS
WITH RECORDS MAINTAINED. THE AMOUNT TO BE INCLUDED IN THE BILL FOR
QUANTITIES DELIVERED IN EXCESS OF QUANTITIES RECEIVED WILL BE COMPUTED
BY THE OFFICE RECEIVING THE STATEMENT. A COPY OF THE VALIDATED
STATEMENT SHOWING THE NET AMOUNT OWED OR TO BE BILLED WILL BE RETURNED
TO THE OFFICE THAT PREPARED THE STATEMENT BY 15 APRIL FOLLOWING THE
CALENDAR YEAR COVERED BY THE AGREEMENT. UPON RECEIPT OF THE STATEMENT,
THE OFFICE MAINTAINING THE OFFICIAL RECORDS FOR THE NAVY, AWARE OF ALL
QUANTITIES PROVIDED AND RECEIVED DURING THE CALENDAR YEAR COVERED BY THE
AGREEMENT, WILL BILL THE OTHER NAVY BY 30 JUNE FOLLOWING THE CALENDAR
YEAR COVERED BY THE AGREEMENT.
(3) THE BALANCE OF FUEL WHICH CANNOT BE ACCOUNTED FOR BY REPLACEMENT
IN KIND, WILL BE BILLED AT ALL TIMES BY SUPPLYING NAVY AT THE PRICE IN
EFFECT IN THE SUPPLYING COUNTRY, ON THE DATE SUPPLY TOOK PLACE. BILLS
FURNISHED BY THE ARGENTINA NAVY WILL BE IN U.S. DOLLARS AND THEIR
SETTLEMENT SHOULD BE MADE BY DEPOSIT IN THE ACCOUNT OF THE ARGENTINE
NAVAL COMMISSION IN THE U.S.
B. ARGENTINE NAVY
1. THE FOLLOWING AUTHORITIES OF THE ARGENTINE NAVY ARE AUTHORIZED TO
NEGOTIATE THE SUPPLY OF FUEL:
(A) COMMANDER OF THE NAVAL UNITS (VESSELS).
(B) CHIEF OF ARGENTINE NAVAL COMMISSION, WASH D.C.
(C) NAVAL OR MILITARY ATTACHE IN COUNTRIES WHERE ARGENTINA HAS
ATTACHES.
(D) AMBASSADOR OR CONSUL, OR THEIR APPOINTED REPRESENTATIVES IN
COUNTRIES WHERE ARGENTINA DOES NOT HAVE ATTACHES.
(E) COMMANDER, OR HIS APPOINTED REPRESENTATIVE, IN THE NAVAL BASE.
(F) DIRECTOR OF NAVAL SUPPLIES.
2. SETTLEMENT PROCEDURES OF UNCOMPENSATED BALANCES FOR THE ARGENTINE
NAVY INDEBTEDNESS TO THE U.S. NAVY WILL BE SIMILAR TO THOSE INDICATED IN
PARAGRAPH A. 3 ABOVE.
3. THE DIRECTORATE OF NAVAL SUPPLIES LOCATED AT COMODORO PY AND
CORBETA URUGUAY, BUENOS AIRES, REPUBLIC OF ARGENTINA, IS APPOINTED TO
KEEP THE ACCOUNTS OF RECEPTION AND DISPATCH OF FUEL FOR THE ARGENTINE
NAVY.
III. ACCOUNTING METHOD FOR THE TRANSACTION OF FUEL
FOR OPERATIONS SIMILAR TO UNITAS, SPRINGBOARD AND OTHER JOINT
EXERCISES, THE OFFICER OF TACTICAL COMMAND (OTC) WILL ACT AS COORDINATOR
AND CONSOLIDATOR FOR THE TRANSACTIONS OF FUEL. AFTER EACH FUEL
TRANSACTION, THE ISSUING SHIP WILL NOTIFY THE OFFICER OF TACTICAL
COMMAND, AS WELL AS THE SHIP OR RECEIVING UNIT, WITH REGARD TO THE TYPE
OF FUEL AND QUANTITY ISSUED TO EACH RECIPIENT.
BEFORE SENDING THE MESSAGE, AN AGREEMENT MUST BE REACHED REGARDING
QUANTITY. IN CASES OF DISPUTE THE DELIVERING VESSELS FIGURES WILL BE
THE OFFICIAL TRANSFER QUANTITY. FOR RECIPROCAL AND UNIQUE TRANSACTIONS,
WHICH INVOLVE TRANSITORY VESSELS, THE FOLLOWING PROCEDURES WILL BE
FOLLOWED:
A. RECEIPTS BY UNITS OF THE U.S. NAVY FROM THE ARGENTINE NAVY
AFTER THE TRANSFER OF FUEL BY THE ARGENTINE NAVY UNIT, SIGNED COPIES
OF TRANSFER DOCUMENTS SHOWING QUANTITY OF FUEL TRANSFERRED WILL BE
FURNISHED TO THE U.S. NAVY UNIT. A COPY OF THESE SIGNED DOCUMENTS WILL
BE SUBMITTED TO BOTH THE DEFENSE ATTACHE OFFICE OF THE UNITED STATES,
AMERICAN EMBASSY, BUENOS AIRES, AND TO THE NAVY REGIONAL FINANCE CENTER
(PAD), WASHINGTON, D.C. AND THE DIRECTORATE OF NAVAL SUPPLIES.
B. RECEIPTS BY UNITS OF THE ARGENTINE NAVY FROM THE U.S. NAVY.
AFTER THE TRANSFER OF THE FUEL, BY THE U.S. NAVY UNITS, SIGNED COPIES
OF TRANSFER DOCUMENT SHALL BE SUBMITTED TO BOTH THE NAVY REGIONAL
FINANCE CENTER, (PAD), WASHINGTON, D.C. FOR ACCOUNTING PURPOSES, TO THE
DEFENSE ATTACHE OFFICE, U.S. EMBASSY, BUENOS AIRES, ARGENTINA, AS WELL
AS TO THE DIRECTOR OF NAVAL SUPPLIES.
IV. END OF AGREEMENT (AND TACIT RENEWAL)
A. THIS AGREEMENT SHALL BE VALID FROM THE DATE IT IS SIGNED BY
REPRESENTATIVES OF BOTH NAVIES WHO ARE AUTHORIZED TO NEGOTIATE
AGREEMENT, UNTIL 31 DECEMBER 1976.
EACH YEAR, UNLESS ONE OR BOTH PARTIES EXPRESS THEIR WILL TO CANCEL,
MODIFY OR ALTER THIS AGREEMENT IN ANY MANNER OR EXTENT, IT WILL BE
UNDERSTOOD THAT THIS AGREEMENT WILL BE EXTENDED FOR ANOTHER PERIOD
SIMILAR TO THE ORIGINAL.
B. THIS AGREEMENT SHALL BE SIGNED BY THE DIRECTOR GENERAL OF NAVAL
MATERIEL REPRESENTING THE ARGENTINE NAVY, AND BY THE NAVAL ATTACHE
REPRESENTING THE U.S. NAVY.
CAPTAIN
JAMES B. RODGERS
NAVAL ATTACHE
BUENOS AIRES, ARGENTINA
1 JUNE, 1976
GERMANY, FEDERAL REPUBLIC OF 29 NOV 1974 FLITE DOCUMENT NO. 7900002
LETTER OF MUTUAL AGREEMENT EXECUTED 29 NOVEMBER 1974.
LETTER OF MUTUAL AGREEMENT AS TO ENTRY PROCEDURES OF GERMAN POLICE
ONTO US ARMY INSTALLATION IN WERTHEIM.
AETSWRZ-W-A
SUBJECT: LETTER OF MUTUAL AGREEMENT AS TO ENTRY PROCEDURES OF GERMAN
POLICE ONTO U.S. ARMY INSTALLATION IN WERTHEIM
1. PURPOSE: TO ESTABLISH POLICIES AND PROCEDURES UNDER WHICH GERMAN
POLICE ARE ALLOWED TO ENTER THE U.S. ARMY KASERNE IN WERTHEIM GERMANY,
AND THE BUILDINGS THEREON. THIS INCLUDES HARDHEIM AND MAINBULLAU
KASERNES.
2. SCOPE: THE POLICIES AND PROCEDURES CONTAINED HEREIN APPLY TO ALL
REQUESTS BY GERMAN POLICE FOR ENTRY ONTO U.S. KASERNES IN WERTHEIM FOR
THE PURPOSE OF CRIMINAL INVESTIGATION OR APPREHENSION.
3. POLICY: WHEN GERMAN POLICE ARE IN "HOT PURSUIT" OF FLEEING
SUSPECTS, THEY WILL BE ALLOWED IMMEDIATE ENTRY ONTO U.S. ARMY
INSTALLATION IN WERTHEIM. ALL OTHER ENTRIES WILL BE GRANTED UPON
REQUEST TO THE COMMANDER'S DESIGNEE WHEN THE ENTRY IS NECESSARY TO
PROTECT SUBSTANTIAL GERMAN INTERESTS. NO ENTRY WILL BE ALLOWED INTO
RESTRICTED OR SENSITIVE AREAS WITHOUT THE PERMISSION OF THE COMMUNITY
COMMANDER.
4. THE COMMANDER'S DESIGNEE WILL BE THE COMMUNITY COMMANDER'S
DIRECTOR OF SECURITY (S-2) DURING DUTY HOURS AND THE INSTALLATION STAFF
DUTY OFFICER DURING NON-DUTY HOURS.
5. PROCEDURES:
A. "HOT PURSUIT" CASES.
(1) "HOT PURSUIT" DESCRIBES THESE INSTANCES WHEN GERMAN POLICE HAVE
OBSERVED THE COMMISSION
OF A CRIME OR HAVE REASONABLE BELIEF THAT A CRIME HAS OCCURED, HAVE
THE SUSPECT IN VIEW AND
ARE IMMEDIATELY PURSUING THE SUSPECT WHO FLEES ONTO A U.S. ARMY
INSTALLATION.
(2) WHEN IN "HOT PURSUIT", AS DEFINED ABOVE, THE GERMAN POLICE WILL
UTILIZE BLUE LIGHTS,
PLAINCLOTHES GERMAN POLICE WILL IDENTIFY THEMSELVES BY THEIR
DIENSTMARKE (BADGE). U.S. FORCES
PERSONNEL GUARDING THE ENTRANCE WILL NOT DETAIN THE GERMAN POLICE
WHEN THE EMERGENCY EQUIPMENT
OR DIENSTMARKE IS BEING UTILIZED, BUT WILL IMMEDIATELY NOTIFY THE
NEAREST MOBILE MILITARY
POLICE PATROL OF THE SITUATION AND WILL NOTIFY ALL GATES SO THAT THE
KASERNE CAN BE CLOSED
IMMEDIATELY.
B. ALL OTHER CASES.
(1) IN ALL OTHER CASES, THE ENTRANCE GUARD WILL NOT ALLOW THE GERMAN
POLICE TO ENTER THE
INSTALLATION UNTIL PERMISSION IS GRANTED BY THE COMMANDER'S DESIGNEE.
THE GUARD WILL
IMMEDIATELY RELAY THE REQUEST FOR ENTRY TO THE COMMANDER'S DESIGNEE
FOR HIS DECISION.
(2) THE COMMANDER'S DESIGNEE SHOULD GRANT THE REQUEST FOR ENTRY
WHENEVER SUBSTANTIAL GERMAN
INTERESTS ARE INVOLVED. "SUBSTANTIAL GERMAN INTEREST" INCLUDE THE
FOLLOWING SITUATIONS:
(A) WHERE THE GERMAN AUTHORITIES HAVE PRIMARY JURISDICTION UNDER THE
NATO STATUS OF FORCES
AGREEMENT.
(B) GERMAN PROPERTY IS THREATENED, DAMAGED OR DESTROY ON THE
INSTALLATION.
IN EACH CASE, THE COMMANDER'S DESIGNEE WILL WEIGH THE GERMAN
INTERESTS INVOLVED AGAINST THE DESIRABILITY OF AN INVESTIGATION BY
MILITARY POLICE OR U.S. CRIMINAL INVESTIGATORS. ALL CRIMINAL
INVESTIGATIONS ON THE KASERNE WILL BE UNDER THE DIRECTION OF THE U.S.
AUTHORITIES.
(3) WHEN THE REQUEST IS APPROVED BY THE COMMANDER'S DESIGNEE, GERMAN
POLICE WILL BE
ACCOMPANIED AT ALL TIMES BY MILITARY POLICE.
C. SENSITIVE OR RESTRICTED AREAS.
(1) NO ENTRY WILL BE ALLOWED INTO AREAS, BUILDINGS, OR PORTIONS OF
BUILDINGS WHICH ARE
DESIGNATED RESTRICTED OR CONTAIN SENSITIVE MATERIAL, UNLESS THE
PERMISSION OF THE COMMUNITY
COMMANDER IS OBTAINED.
(2) THIS PROHIBITION APPLIES TO ALL REQUESTED ENTRIES, INCLUDING "HOT
PURSUIT".
(3) SUCH PERMISSION WILL BE GRANTED ONLY IN ACCORDANCE WITH
APPLICABLE SECURITY REGULATIONS
AND ONLY WHEN IT IS IMPOSSIBLE TO OTHERWISE CONDUCT THE
INVESTIGATION.
6. IN CASE OF CONFLICT BETWEEN THE ENGLISH TEXT AND THE GERMAN TEXT
OF THIS AGREEMENT, THE ENGLISH TEXT SHALL BE CONTROLLING.
7. THIS AGREEMENT SHALL BE IN EFFECT FOR AN INDEFINITE PERIOD FROM
THE DATE ALL PARTIES HERETO HAVE SIGNED. IT MAY BE TERMINATED WITHOUT
CAUSE BY ANY PARTY UPON GIVING 30 DAYS WRITTEN NOTICE TO THE OTHER
PARTY. IT MAY BE TERMINATED IMMEDIATELY FOR CAUSE WHEN THE EXPRESS
TERMS OF THIS AGREEMENT HAVE BEEN VIOLATED AND RECONCILIATION IS
IMPOSSIBLE.
(S)(T) KARL ADLER
POLICE COMMISSIONER
WERTHEIM POLICE STATION
(S)(T) ADOLF GREIN
POLICE COMMISSIONER
BUCHEN POLICE STATION
(S)(T) HERBERT NEUMANN
POLICE COMMISSIONER
MILTENBERG POLICE STATION
GERMANY, FEDERAL REPUBLIC OF 18 DEC 1975 FLITE DOCUMENT NO. 7900001
LETTERS OF AGREEMENT EXECUTED 8 DECEMBER AND 18 DECEMBER 1975.
LETTERS OF AGREEMENT REPLACING LIST OF THE OFFICIAL PROCUREMENT
AGENCIES OF THE STATIONING FORCES AS OF THE STATUS OF 1 OCTOBER 1975.
REPLACES INCLOSURE 2, TO THE MOF DIRECTIVE IV A13-S 7492-31/69 OF 15
DECEMBER 1969.
THE FEDERAL MINISTER OF FINANCE
IV A 3 - S 7492 - 14/75
EMBASSY OF THE
UNITED STATES OF AMERICA
ATTN: CINCUSAREUR LIAISON OFFICER
COLONEL HELLER
5300 BONN-BAD GODESBERG
BOX 315
SUBJECT: TURNOVER TAX RELIEF ACCORDING TO THE SUPPLEMENTARY
AGREEMENT TO THE NATO STATUS OF FORCES AGREEMENT;
HERE: USAREUR AUDIO PHOTO AGENCY
REFERENCE: YOUR LETTERS AEUTLBN OF 19 JUNE AND 5 DECEMBER 1975
1 ENCLOSURE:
DEAR COLONEL HELLER:
BASED ON YOUR LETTERS, I MAY INFORM YOU THAT THE LIST OF THE OFFICIAL
PROCUREMENT AGENCIES OF THE STATIONING FORCES (INCL 2 TO MOF DIRECTIVE
IV A 3 - S 7492 - 31/69, DATED 15 DECEMBER 1969) HAS BEEN REVISED TO
REFLECT THE STATUS AS OF 1 OCTOBER 1975. A COPY OF THE PERTINENT LETTER
IV A 3 - S 7492 - 23/75, DATED 8 DECEMBER 1975 TO THE HIGHEST FINANCE
AUTHORITIES OF THE STATES IS INCLOSED. AS YOU MAY SEE FROM THAT LETTER,
I HAVE INCLUDED THE USAREUR AUDIO/PHOTO AGENCY IN PART A I OF THE LIST
OF THE OFFICIAL PROCUREMENT AGENCIES. THE MOF LETTER WILL BE PUBLISHED
IN THE FEDERAL TAX GAZETTE.
I HOPE TO HAVE COMPLIED WITH YOUR REQUEST.
THE FEDERAL MINISTER OF FINANCE
IV A 3 - S 7492 - 23/75
FINANCE MINISTERS AND FINANCE SENATORS
OF THE STATES
FOR INFORMATION:
THE REPRESENTATIVES OF THE STATES
AT THE FEDERAL GOVERNMENT
SUBJECT: TURNOVER TAX RELIEF ACCORDING TO THE SUPPLEMENTARY
AGREEMENT TO THE NATO STATUS OF FORCES AGREEMENT
HERE: OFFICIAL PROCUREMENT AGENCIES
REFERENCE: MY LETTER IV A 3 - S 7492 - 23/75, DATED 5 NOVEMBER 1975
1 INCLOSURE:
WITH REFERENCE TO THE RESULTS OF THE MEETING WITH THE HIGHEST FINANCE
AUTHORITIES OF THE STATES, INCLOSURE 2 TO THE MOL DIRECTIVE IV A/3 - S
7492 - 31/69, DATED 15 DECEMBER 1969 IS REPLACED BY THE LIST OF THE
OFFICIAL PROCUREMENT AGENCIES ETC., AS OF THE STATUS OF 1 OCTOBER 1975,
ATTACHED HERETO AS INCLOSURE 1.
THIS LETTER WILL BE PUBLISHED IN THE FEDERAL TAX GAZETTE AND RECORDED
IN THE TOT CARD SYSTEM.
INCLOSURE TO THE MOF LETTER IV A 3 - S 7492 - 23/75, DATED 8 DECEMBER
1975
I. NONAPPROPRIATED FUND ORGANIZATIONS AND AGENCIES
ARMY AND AIR FORCE EXCHANGE SERVICE, EUROPE (AAFES, EUROPE)
USAREUR CLASS VI AGENCY
USAFE CLASS VI AGENCY
ARMY AND AIR FORCE MOTION PICTURE SERVICE, EUROPE
USAPEUR SPECIAL SERVICES FUND
AMERICAN FORCES NETWORK (AFN) FUND
SCHOOL WELFARE FUND, US DEPENDENTS SCHOOLS, EUROPEAN AREA
ARMED FORCES RECREATION CENTER FUND
ASSOCIATION OF AMERICAN ROD AND GUN CLUBS IN EUROPE FUND
THE STARS AND STRIPES FUND
USAPEUR AUDIO/PHOTO AGENCY
II. OTHER NONAPPROPRIATED FUND ORGANIZATIONS INCLUDING SPECIFICALLY
AUTHORIZED CLUBS AND MESSES WITHIN THE MEANING OF PARAGRAPH 4(A)(XIV),
PART I, PROTOCOL OF SIGNATURE TO THE SA.
NOTE: DUE TO THEIR LARGE NUMBER, THESE ORGANIZATIONS HAVE NOT BEEN
LISTED BY
NAME. INQUIRIES WHETHER AN ORGANIZATION PERTAINS TO THESE
ORGANIZATIONS MAY BE DIRECTED TO
THE
EMBASSY OF THE UNITED STATES OF AMERICA
USAREUR LIAISON OFFICE
53 BONN-BAD GODESBERG.
III. OTHER OFFICIAL PROCUREMENT AGENCIES
AMERICAN EXPRESS INTERNATIONAL BANKING CORPORATION (AMEXCO)
CHASE MANHATTAN BANK, HEIDELBERG
FINANCE CENTER FEDERAL CREDIT UNION
FORT BELVOIR FEDERAL CREDIT UNION
LACKLAND FEDERAL CREDIT UNION
REDSTONE FEDERAL CREDIT UNION
ANDREWS AIR FORCE BASE FEDERAL CREDIT UNION
PEASE AIR FORCE BASE FEDERAL CREDIT UNION
I. MINISTRIES IN THE UNITED KINGDOM
MINISTRY OF AVIATION AND SUPPLY
MINISTRY OF DEFENCE
II. ARMY AND AIR FORCE
Q (MOVEMENTS)
CHIEF ENGINEER'S BRANCH
CHIEF SIGNAL OFFICER'S BRANCH
DIRECTORATE OF TRANSPORT
DIRECTORATE OF MEDICAL SERVICES
PAY SERVICES
DIRECTORATE OF ORDINANCE SERVICES
DIRECTORATE OF ELECTRICAL AND MECHANICAL ENGINEERING
DIRECTORATE OF PIONEERS AND LABOUR
VETERINARY AND REMOUNT SERVICES
ARMY POSTAL SERVICES
DEFENCE LANDS AND CLAIMS DIRECTORATE
BRITISH FAMILIES EDUCATION SERVICE
BRITISH FORCES BROADCASTING SERVICE
SENIOR EQUIPMENT STAFF OFFICER'S BRANCH
COMMAND ACCOUNTANT'S BRANCH
OFFICE OF THE FINANCIAL ADVISER
JOINT SERVICES LIAISON ORGANISATION
REGIONAL WORKS ORGANISATION
REGIONAL DIRECTOR (DOE)
AREA OFFICERS (DOE)
DEPOT SUPERINTENDENTS (DOE)
SUPPLIES MANAGER (DOE)
PURCHASING OFFICER (DOE)
WORKSHOP SUPERINTENDENT (DOE)
RAILWAYS SUPERINTENDENT (DOE)
VEHICLE MAINTENANCE OFFICERS (DOE)
UNIT COMMANDERS (EINHEITSKOMMANDEURE) - (AUCH FUR MESSEN, CLUBS UND
INSTITUTE)
OFFICER'S MESS, HQ RAF GERMANY
III. ORGANISATION
NAVY, ARMY AND AIR FORCES INSTITUTES (N.A.A.F.I.)
MALCOLM CLUBS
COUNCIL FOR VOLUNTARY WELFARE WORK (C.V.W.W)
YOUNG MEN'S CHRISTIAN ASSOCIATION (Y.M.C.A.)
YOUNG WOMEN'S CHRISTIAN ASSOCIATION (Y.W.C.A)
SERVICES CINEMA CORPORATION
CANADIAN DEPARTMENT OF SUPPLY AND SERVICES, KOBLENZ
DEFENCE CONSTRUCTION (1951) LIMITED - LAHR (SCHWARZWALD)
COMMANDER - CANADIAN FORCES EUROPE - LAHR (SCHWARZWALD)
COMMANDER - 4 CANADIAN MECHANIZED BATTLE GROUP - LAHR (SCHWARZWALD)
COMMANDER - 1 CANADIAN AIR GROUP - LAHR (SCHWARZWALD)
COMMANDER - CANADIAN FORCES BASE EUROPE - LAHR (SCHWARZWALD)
COMMANDER - CANADIAN FORCES BASE SOEST - SOEST (WESTFALEN)
CANADIAN SALVATION ARMY
ARMY AND AIR FORCE EXCHANGE SERVICE, EUROPE (AAFES, EUROPE)
USAREUR CLASS VI AGENCY
USAFE CLASS VI AGENCY
ARMY AND AIR FORCE MOTION PICTURE SERVICE - EUROPE
USAREUR SPECIAL SERVICES FUND
AMERICAN FORCES NET WORK (AFN) FUND
SCHOOL WELFARE FUND, US DEPENDENTS SCHOOLS, EUROPEAN AREA
ARMED FORCES RECREATION CENTER FUND
ASSOCIATION OF AMERICAN ROD AND GUN CLUBS IN EUROPE FUND
THE STARS AND STRIPES FUND
USAREUR AUDIO/PHOTO AGENCY
AMERICAN EXPRESS INTERNATIONAL BANKING CORPORATION (AMEXCO)
CHASE MANHATTAN BANK, HEIDELBERG
FINANCE CENTER FEDERAL CREDIT UNION
FORT BELVOIR FEDERAL CREDIT UNION
LACKLAND FEDERAL CREDIT UNION
REDSTONE FEDERAL CREDIT UNION
ANDREWS AIR FORCE BASE FEDERAL CREDIT UNION
PEASE AIR FORCE BASE FEDERAL CREDIT UNION
I. MINISTRIES IN THE UNITED KINGDOM
MINISTRY OF AVIATION AND SUPPLY
MINISTRY OF DEFENCE
II. ARMY AND AIR FORCE
Q (MOVEMENTS)
CHIEF ENGINEER'S BRANCH
CHIEF SIGNAL OFFICER'S BRANCH
DIRECTORATE OF TRANSPORT
DIRECTORATE OF MEDICAL SERVICES
PAY SERVICES
DIRECTORATE OF ORDINANCE SERVICES
DIRECTORATE OF ELECTRICAL AND MECHANICAL ENGINEERING
DIRECTORAGE OF PIONEERS AND LABOUR
VETERINARY AND REMOUNT SERVICES
ARMY POSTAL SERVICES
DEFENSE LANDS AND CLAIMS DIRECTORATE
BRITISH FAMILIES EDUCATION SERVICE
BRITISH FORCES BROADCASTING SERVICE
SENIOR EQUIPMENT STAFF OFFICER'S BRANCH
COMMAND ACCOUNTANT'S BRANCH
OFFICE OF THE FINANCIAL ADVISER
JOINT SERVICES LIAISON ORGANISATION
REGIONAL WORKS ORGANIZATION
REGIONAL DIRECTOR (DOE)
AREA OFFICERS (DOE)
DEPOT SUPERINTENDENTS (DOE)
SUPPLIES MANAGER (DOE)
PURCHASING OFFICER (DOE)
WORKSHOP SUPERINTENDENT (DOE)
RAILWAYS SUPERINTENDENT (DOE)
VEHICLE MAINTENANCE OFFICERS (DOE)
UNIT COMMANDERS
OFFICER'S MESS, HQ RAF GERMANY
III. ORGANIZATION
NAVY, ARMY AND AIR FORCES INSTITUTES (N.A.A.F.I.)
MALCOM CLUBS
COUNCIL FOR VOLUNTARY WELFARE WORK (C.V.W.W.)
YOUNG MEN'S CHRISTIAN ASSOCIATION (Y.M.C.A.)
YOUNG WOMEN'S CHRISTIAN ASSOCIATION (Y.W.C.A)
SERVICES CINEMA CORPORATION
CANADIAN DEPARTMENT OF SUPPLY AND SERVICES, KOBLENZ
DEFENCE CONSTRUCTION (1951) LIMITED - LAHR (SCHWARZWALD)
COMMANDER - CANADIAN FORCES EUROPE - LAHR (SCHWARZWALD)
COMMANDER - 4 CANADIAN MECHANIZED BATTLE GROUP - LAHR (SCHWARZWALD)
COMMANDER - 1 CANADIAN AIR GROUP - LAHR (SCHWARZWALD)
COMMANDER - CANADIAN FORCES BASE EUROPE - LAHR (SCHWARZWALD)
COMMANDER - CANADIAN FORCES BASE SOEST - SOEST (WESTFALEN)
CANADIAN SALVATION ARMY
ZAIRE 29 MAY 1974 FLITE DOCUMENT NO. 7502527
CREDIT AGREEMENT
CREDIT AGREEMENT FOR THE PURCHASE OF DEFENSE ARTICLES AND SERVICES
CREDIT AGREEMENT, MADE AND ENTERED INTO THE 29TH DAY OF MAY, 1974,
BETWEEN THE GOVERNMENT OF ZAIRE, REPRESENTED BY ITS MINISTRY OF NATIONAL
DEFENSE, AND THE GOVERNMENT OF THE UNITED STATES OF AMERICA, REPRESENTED
BY THE DEPARTMENT OF DEFENSE OF THE UNITED STATES OF AMERICA.
WITNESSETH
WHEREAS, THE GOVERNMENT OF ZAIRE (HEREINAFTER SOMETIMES REFERRED TO
AS THE "BORROWER") DESIRES TO ENTER INTO PURCHASE CONTRACTS (HERINAFTER
REFERRED TO AS "PURCHASE ARRANGEMENTS") WITH THE MILITARY DEPARTMENTS
AND AGENCIES OF THE UNITED STATES DEPARTMENT OF DEFENSE (HEREINAFTER
REFERRED TO AS "DOD") AND/OR VARIOUS UNITED STATES COMMERCIAL SUPPLIERS
FOR THE PURCHASE OF DEFENSE ARTICLES AND SERVICES OF UNITED STATES
ORIGIN (HEREINAFTER COLLECTIVELY REFERRED TO AS "DEFENSE ITEMS"); AND
WHEREAS, THE BORROWER HAS REQUESTED THE GOVERNMENT OF THE UNITED
STATES OF AMERICA (HEREINAFTER SOMETIMES REFERRED TO AS THE "LENDER") TO
FINANCE PAYMENTS REQUIRED TO BE MADE BY THE BORROWER UNDE THE PURCHASE
ARRANGEMENTS; AND
WHEREAS, THE AFORESAID REQUESTED CREDIT WILL FACILITATE THE PURPOSES
OF THE UNITED STATES FOREIGN MILITARY SALES ACT, AS AMENDED;
NOW THEREFORE, IN CONSIDERATION OF THE PREMISE AND THE MUTUAL
COVENANTS HEREINAFTER SET FORTH, TH PARTIES HERETO AGREE AS FOLLOWS:
1. SUBJECT TO THE TERMS AND CONDITIONS HEREOF, THE LENDER AGREES TO
MAKE LOANS TO THE BORROWER FROM TIME TO TIME IN AN AGGREGATE PRINCIPAL
AMOUNT UP TO BUT NOT EXCEEDING $3.5 MILLION (HEREINAFTE CALLED THE
"COMMITMENT").
2. THE AFORESAID COMMITMENT SHALL BE AVAILABLE ONLY TO FINANCE THE
PURCHASE OF DEFENSE ITEMS BY THE BORROWER PURSUANT TO PURCHASE
ARRANGEMENTS AUTHORIZED FOR SUCH FINANCING BY DOD WHICH ARE ENTERED INTO
BY THE BORROWER ON OR BEFORE 1 JANUARY 1976. EACH AUTHORIZATION FOR THE
BORROWER TO ENTER INTO A PURCHASE ARRANGEMENT IN IMPLEMENTATION OF THIS
CREDIT AGREEMENT SHALL BE SEPARATELY COMMUNICATED BY DOD IN WRITING TO
THE BORROWER, WHICH AUTHORIZATION SHALL SPECIFY THE DEFENSE ITEMS AND
THE AMOUNT OF CREDIT AUTHORIZED FOR THE PURCHASE ARRANGEMENT. THE
BORROWER SHALL INCORPORATE INTO EACH SUCH PURCHASE ARRANGEMENT WITH
COMMERCIAL SUPPLIERS THE PROVISIONS OF ANNEX A HERETO AND ATTACH AS AN
EXHIBIT TO THE PURCHASE ARRANGEMENT A TRUE COPY OF THE APPLICABLE
AFORESAID AUTHORIZATION AND OF PARAGRAPH 9 OF THIS CREDIT AGREEMENT.
3. EACH LOAN HEREUNDER BY THE LENDER SHALL BE MADE IN ACCORDANCE
WITH THE FOLLOWING PROCEDURES:
(A) EACH LOAN SHALL BE MADE ON SUCH DATE (HEREINAFTER REFERRED TO AS
A "DISBURSEMENT DATE") AS MAY BE DESIGNATED BY THE BORROWER FROM TIME TO
TIME UPON TEN (10) DAYS WRITTEN NOTICE BY THE BORROWER TO THE LENDER.
(B) EACH NOTICE SHALL SPECIFY THE AMOUNT OF THE LOAN TO BE MADE BY
THE LENDER ON THE DISBURSEMEN DATE, AND SHALL SPECIFY THE SUPPLIER OR
SUPPLIERS (INCLUDING THE MILITARY DEPARTMENTS OR AGENCIES O DOD) TO WHOM
THE DISBURSEMENT IS TO BE REMITTED BY THE LENDER.
(C) EACH NOTICE SHALL BE PREPARED IN QUADRUPLICATE ON U.S. STANDARD
FORM 1034 AND SHALL BE SENT TO THE COMPTROLLER, DEFENSE SECURITY
ASSISTANCE AGENCY, THE PENTAGON, WASHINGTON, D.C. 20301.
(D) IN THE CASE OF DISBURSEMENTS REQUESTED TO BE MADE TO COMMERCIAL
SUPPLIERS, THE INVOICES SHAL BE PREPARED IN ACCORDANCE WITH THE
PROCEDURE SET FORTH IN ANNEX A HERETO.
(E) IN THE CASE OF DISBURSEMENTS REQUESTED TO BE MADE TO THE MILITARY
DEPARTMENTS AND AGENCIES O DOD, THE NOTICES SHALL HAVE ANNEXED THERETO
COPIES OF THE PAYMENT REQUEST RECEIVED BY THE BORROWER FROM SUCH
MILITARY DEPARTMENT OR AGENCY AGAINST WHICH DISBURSEMENT IS REQUESTED.
(F) WITH EACH NOTICE, THE BORROWER SHALL CONCURRENTLY TRANSMIT TO THE
LENDER AT THE ADDRESS SET FORTH IN SUBPARAGRAPH (C) ABOVE OF THIS
PARAGRAPH A PROMISSORY NOTE SUBSTANTIALLY IN THE FORM OF ANNEX B HERETO
(WITH THE BLANKS APPROPRIATELY FILLED IN) RECITING THE OBLIGATION OF THE
BORROWER TO REPAY THE AMOUNT OF SUCH LOAN WITH INTEREST THEREON AS
HEREINAFTER SET FORTH. (THE PROMISSORY NOTE HEREINABOVE REFERRED TO ARE
HEREINAFTER CALLED THE "NOTES" AND INDIVIDUALLY A "NOTE").
4.(A) ALL OCEAN TRANSPORTATION OF THE DEFENSE ARTICLES SHALL BE ON
VESSELS OF UNITED STATES REGISTRY. THE GOVERNMENT OF THE UNITED STATES
WILL GIVE SYMPATHETIC CONSIDERATION ON A CASE-BY-CAS BASIS TO REQUESTS
BY THE BORROWER JUSTIFYING SHIPMENT ON VESSELS OF THE REGISTRY OF THE
BORROWER. CONSIDERATION WILL BE GIVEN TO SECURITY REQUIREMENTS OF THE
BORROWER TO ASSURE SAFE ARRIVAL.
(B) THE BORROWER OR ITS COMMERCIAL SUPPLIERS SHALL BE RESPONSIBLE FOR
OBTAINING SUCH EXPORT LICENSES AS MAY BE NECESSARY FOR DEFENSE ITEMS
FINANCED HEREUNDER.
5. THIS AGREEMENT EVIDENCES THE LEGAL AND BINDING OBLIGATION OF THE
BORROWER TO MAKE REPAYMENTS TO THE LENDER FOR DISBURSEMENTS MADE BY THE
LENDER IN ACCORDANCE WITH THE TERMS HEREOF. THE LENDER MAY SELL OR
ASSIGN, IN WHOLE OR IN PART, ITS RIGHTS TO SAID REPAYMENTS AND MAY, WITH
RESPECT TO SUC SALE OR ASSIGNMENT, GUARANTEE PAYMENT OF THE SAME.
6.(A) THE BORROWER SHALL REPAY THE DISBURSEMENTS MADE BY THE LENDER
IN ACCORDANCE WITH THE PRINCIPAL REPAYMENT SCHEDULE SET FORTH IN ANNEX C
HERETO, AND SHALL PAY INTEREST SEMIANNUALLY ON 1 JANUARY AND 1 JULY
COMMENCING 1 JANUARY 1975, AT THE RATE OF SEVEN AND FIVE-EIGHTHS PERCENT
(7 5/8% PER ANNUM, USING A 365 DAY FACTOR, ON THE AMOUNT BY WHICH FROM
TIME TO TIME CUMULATIVE DISBURSEMENT EXCEED CUMULATIVE REPAYMENTS OF
PRINCIPAL.
(B) IF ON ANY INSTALLMENT REPAYMENT DATE SET FORTH IN THE PRINCIPAL
REPAYMENT SCHEDULE THE BORROWER SHALL NOT HAVE AVAILED ITSELF OF THE
COMMITMENT OF THE LENDER IN AN AGGREGATE AMOUNT (LESS REPAYMENTS
PREVIOUSLY MADE) EQUAL TO THE AGGREGATE INSTALLMENT OF PRINCIPAL WHICH
IS REPAYABLE ON SUCH DATE TO THE LENDER, THE BORROWER SHALL, ON SUCH
INSTALLMENT DATE, REPAY TO THE LENDER THE FULL AMOUNT (LESS REPAYMENTS
PREVIOUSLY MADE) TO WHICH IT HAS AVAILED ITSELF OF THE COMMITMENT OF THE
LENDER TO SUCH DATE, TOGETHER WITH THE INTEREST ACCRUED THEREON. IF AT
ANY TIME THEREAFTER THE BORROWER SHALL AVAIL ITSELF OF THE COMMITMENT OF
THE LENDER IN AN AMOUNT WHICH WOULD HAVE BEEN PAYABLE ON A PRIOR
INSTALLMENT REPAYMENT DATE BUT FOR THE PROVISIONS OF THE IMMEDIATELY
PRECEDING SENTENCE, SUCH AMOUNT, TOGETHER WITH THE INTEREST ACCRUED
THEREON, SHALL BE REPAYABLE ON THE NEXT SUCCEEDING INSTALLMENT DATE OF
THE PRINCIPAL REPAYMENT SCHEDULE OCCURRING AFTER THE DISBURSEMENT OF
SUCH AMOUNT AND THE SAID AGGREGATE INSTALLMENT OF PRINCIPAL REPAYABLE
UNDER THE PRINCIPAL REPAYMENT SCHEDULE TO THE LENDER ON THAT DATE SHALL
BE INCREASED BY SUCH AMOUNT.
(C) IF BY THE DATE SPECIFIED IN PARAGRAPH 2 ABOVE, THE BORROWER SHALL
NOT HAVE ENTERED INTO AUTHORIZED PURCHASE ARRANGEMENTS IN AN AGGREGATE
AMOUNT EQUAL TO THE ENTIRE AMOUNT OF THE COMMITMENT, THE INSTALLMENTS OF
PRINCIPAL REPAYABLE TO THE LENDER SET FORTH IN THE PRINCIPAL REPAYMENT
SCHEDULE SHALL BE REDUCED IN THE INVERSE ORDER OF THE MATURITY THEREOF
TO THE EXTENT OF THE UNUSED BALANCE OF THE COMMITMENT.
(D) WHENEVER ANY REPAYMENT TO BE MADE BY THE BORROWER SHALL BE DUE ON
A SATURDAY, SUNDAY, OR PUBLIC HOLIDAY UNDER THE LAWS OF THE LENDER, SUCH
REPAYMENT MAY BE MADE ON THE NEXT SUCCEEDING BUSINESS DAY, AND SUCH
EXTENSION OF TIME SHALL IN SUCH CASE BE INCLUDED IN COMPUTING INTEREST
IN CONNECTION WITH SUCH REPAYMENT BUT EXCLUDED FROM THE NEXT INTEREST
PERIOD.
(E) THE BORROWER MAY PREPAY THE CREDIT EXTENDED UNDER THIS AGREEMENT
IN PART OR IN FULL ON ANY INTEREST PAYMENT DATE WITHOUT PENALTY OR
PREMIUM, BUT SUCH PREPAYMENT MUST BE ACCOMPANIED BY PAYMEN OF INTEREST
ON THE AMOUNT PREPAID TO THE DATE OF PREPAYMENT AND MUST BE APPLIED TO
THE SATISFACTION OF INSTALLMENTS OF PRINCIPAL REPAYMENTS IN THE INVERSE
ORDER OF THEIR MATURITIES.
(F) ALL REPAYMENTS BY THE BORROWER ON ACCOUNT OF PRINCIPAL OR
INTEREST SHALL BE IN LAWFUL MONEY OF THE UNITED STATES OF AMERICA AND IN
IMMEDIATELY AVAILABLE FUNDS, FREE AND CLEAR OF, AND WITHOUT DEDUCTION
FOR, ANY AND ALL TAXES, LEVIES, IMPOSTS, DEDUCTIONS AND WITHHOLDINGS
WHATSOEVER IMPOSED, LEVIED, COLLECTED OR ASSESSED WITH RESPECT THERETO
BY ANY CENTRAL OR LOCAL AUTHORITY OF ZAIRE.
7.(A) THE NOTES SHALL BE FURTHER EVIDENCE OF THE OBLIGATION OF THE
BORROWER TO REPAY THE LOANS MADE HEREUNDER. EACH NOTE SHALL BE DATED
THE PARTICULAR DISBURSEMENT DATE OF THE LOAN WHICH SUCH NOTE EVIDENCES,
SHALL BE PAYABLE TO THE ORDER OF THE GOVERNMENT OF THE UNITED STATES IN
THE PRINCIPAL AMOUNT OF SUCH DISBURSEMENT, AND SHALL BEAR INTEREST ON
THE UNPAID PRINCIPAL AMOUNT THEREOF AS PROVIDED IN PARAGRAPH 6(A).
(B) THE NOTES SHALL BE COMPLETED BY THE BORROWER IN SUCH A MANNER
THAT REPAYMENT OF SUCH LOANS SHALL BE MADE IN THE ORDER OF THEIR
DISBURSEMENT, UTILIZING THE PRINCIPAL REPAYMENT SCHEDULE SET FORTH IN
ANNEX C (AS THE SAME MAY BE ADJUSTED IN ACCORDANCE WITH PARAGRAPHS 6(B)
AND (C) HEREOF), AND, IN DETERMINING WHETHER A PARTICULAR LOAN IS
REPAYABLE IN ONE OR MORE INSTALLMENTS, UTILIZING A PARTICULAR
INSTALLMENT PAYMENT DATE ONLY AFTER THE FULL UTILIZATION OF THE NEXT
PRECEDING INSTALLMENT DATE.
(C) EACH NOTE SHALL BE SIGNED ON BEHALF OF THE BORROWER BY A
REPRESENTATIVE OF THE MINISTRY OF NATIONAL DEFENSE.
8.(A) THE BORROWER REPRESENTS AND WARRANTS THAT THE MAKING AND
PERFORMANCE OF THIS AGREEMENT HAV BEEN DULY AUTHORIZED IN ACCORDANCE
WITH THE LAWS OF THE GOVERNMENT OF ZAIRE AND SHALL FURNISH TO TH LENDER
UPON REQUEST EVIDENCE, SATISFACTORY TO THE LENDER, OF THE AUTHORITY OF
THE PERSON OR PERSONS WHO HAVE SIGNED THIS AGREEMENT ON BEHALF OF THE
BORROWER AND OF THE PERSON OR PERSONS WHO WILL SIGN THE NOTES PROVIDED
FOR HEREIN ON BEHALF OF THE BORROWER, TOGETHER WITH THE AUTHENTICATED
SPECIMEN SIGNATURE, IN DUPLICATE, OF EACH OF THE LATTER.
(B) THIS AGREEMENT SHALL INURE TO THE BENEFIT OF THE HOLDERS OF THE
NOTES, THEIR RESPECTIVE SUCCESSORS AND ASSIGNS. THIS AGREEMENT AND THE
NOTES SHALL BE DEEMED TO BE CONTRACTS UNDER THE LAW OF THE DISTRICT OF
COLUMBIA AND FOR ALL PURPOSES SHALL BE CONSTRUED IN ACCORDANCE WITH SAID
LAW. THE BORROWER AGREES THAT JURISDICTION MAY BE TAKEN BY COURTS IN
THE DISTRICT OF COLUMBIA WITH RESPECT TO MATTERS INVOLVING ANY NOTE,
PROVIDED SUCH NOTE IS HELD BY AN INDIVIDUAL, PARTNERSHIP, CORPORATION,
OR OTHER PRIVATE LEGAL ENTITY.
(C) THE BORROWER SHALL IN ALL CASES PAY WHEN AND AS DUE THE PRINCIPAL
OF AND INTEREST ON ALL NOTES ISSUED HEREUNDER, NOTWITHSTANDING ANY
CLAIMS WHICH THE BORROWER MAY NOW OR HEREAFTER HAVE AGAINST ANY SUPPLIER
OF THE DEFENSE ITEMS, DOD, THE LENDER, OR ANY OTHER PERSON OR ENTITY IN
CONNECTION WITH ANY OTHER TRANSACTION, FOR ANY REASON WHATSOEVER.
9. UPON THE OCCURRENCE OF ANY OF THE FOLLOWING EVENTS OF DEFAULT:
(A) IF THE BORROWER FAILS FOR A PERIOD OF TEN (10) DAYS TO MAKE ANY
PAYMENT OF PRINCIPAL OF, OR INTEREST ON, ANY NOTE WHEN DUE;
(B) IF ANY REPRESENTATION OR WARRANTY MADE BY THE BORROWER HEREIN OR
ANY CERTIFICATE FURNISHED B THE BORROWER PURSUANT HERETO PROVES TO BE AT
ANY TIME INCORRECT IN ANY MATERIAL RESPECT; OR
(C) IF THE BORROWER DEFAULTS IN THE PERFORMANCE OF ANY OTHER TERM,
COVENANT OR UNDERTAKING CONTAINED IN THIS CREDIT AGREEMENT, AND SUCH
DEFAULT SHALL CONTINUE UNREMEDIED FOR 30 DAYS AFTER WRITTEN NOTIFICATION
THEREOF SHALL HAVE BEEN GIVEN TO THE BORROWER BY THE LENDER;
THEN, AND IN ANY SUCH EVENT, THE HOLDER OF ANY NOTE MAY DECLARE
IMMEDIATELY DUE AND PAYABLE THE UNPAID PRINCIPAL OF, AND ACCRUED
INTEREST ON, ANY OR ALL NOTES HELD BY SUCH HOLDER AND SUCH AMOUNTS SHALL
BECOME IMMEDIATELY DUE AND PAYABLE WITHOUT PROTEST, PRESENTMENT, NOTICE
OR OTHER DEMAND OF AN KIND, ALL OF WHICH ARE HEREBY EXPRESSLY WAIVED BY
THE BORROWER, AND THE LENDER MAY TERMINATE ITS COMMITMENT HEREUNDER.
10. ALL COMMUNICATIONS AND OTHER DOCUMENTS REQUIRED OR PERMITTED
HEREUNDER, UNLESS SUBMITTED IN THE ENGLISH LANGUAGE, SHALL BE
ACCOMPANIED BY ONE ENGLISH TRANSLATION FOR EACH COPY OF SUCH DOCUMENTS
TO BE FURNISHED AND, IN THE EVENT OF CONFLICT, THE ENGLISH VERSION SHALL
GOVERN. EXCEPT AS OTHERWISE PROVIDED HEREIN, ALL NOTICES, REQUESTS OR
DEMANDS HEREUNDER SHALL BE DEEMED TO HAVE BEEN GIVEN OR MADE UPON THE
MAILING OF THE SAME, POSTAGE PREPAID, OR IN THE CASE OF TELEGRAPHIC
NOTICE, ON DELIVERY TO THE TELEGRAPHIC COMPANY, ADDRESSED IN THE CASE OF
THE BORROWER, TO THE ARMED FORCES ATTACHE OF THE EMBASSY OF ZAIRE IN
WASHINGTON, D.C., AND IN THE CASE OF THE LENDER TO THE DIRECTOR, DEFENSE
SECURITY ASSISTANCE AGENCY, THE PENTAGON, WASHINGTON, D.C. 20301.
11. THIS AGREEMENT MAY BE EXECUTED IN ANY NUMBER OF COUNTERPARTS AND
BY THE PARTIES HERETO ON SEPARATE COUNTERPARTS, EACH OF WHICH SHALL BE
DEEMED AN ORIGINAL BUT ALL SUCH COUNTERPARTS TO CONSTITUTE ONE AND THE
SAME INSTRUMENT.
12. ANNEXES A THROUGH C ATTACHED HERETO ARE, BY THIS REFERENCE, MADE
A PART OF THIS AGREEMENT.
IN WITNESS WHEREOF, THE PARTIES HERETO HAVE DULY EXECUTED THIS
AGREEMENT 29TH DAY OF MAY 1974.
GOVERNMENT OF ZAIRE
SIGNED
BY MOLONGYA MAYI KUSA
GENERAL DE BRIGADE
GOVERNMENT OF THE UNITED STATES OF AMERICA
SIGNED
RAY PEET
DEPUTY ASSISTANT SECRETARY
ANNEX A AND A2
PAYMENT PROCEDURES
THE FOLLOWING PROCEDURES AND CONDITIONS SHALL BE ADHERED TO PRIOR TO
EACH DISBURSEMENT TO BE MADE BY THE GOVERNMENT OF THE UNITED STATES FOR
THE ACCOUNT OF THE GOVERNMENT OF ZAIRE.
1. THE SUPPLIER SHALL PREPARE AND SUBMIT TO THE DESIGNATED
REPRESENTATIVES OF THE GOVERNMENT OF ZAIRE IN WASHINGTON, D.C. INVOICES
ON U.S. STANDARD FORM 1034 IN SUFFICIENT NUMBER OF COPIES TO PERMIT THE
FORWARDING OF FOUR COPIES TO THE DISBURSING OFFICER DESIGNATED IN
PARAGRAPH 5 BELOW.
2. THE SUPPLIER SHALL INSURE THAT EACH INVOICE IS IN ACCORDANCE WITH
RELEVANT PROVISIONS OF ITS PURCHASE ARRANGEMENT WITH THE GOVERNMENT OF
ZAIRE.
3. THE SUPPLIER SHALL ATTACH TO EACH INVOICE A STATEMENT THAT
AUTHORIZED REPRESENTATIVES OF THE GOVERNMENT OF THE UNITED STATES SHALL,
UNTIL THE EXPIRATION OF THREE YEARS AFTER FINAL PAYMENT HEREUNDER, HAVE
ACCESS TO AND THE RIGHT TO EXAMINE ANY DIRECTLY RELATED PERTINENT BOOKS,
DOCUMENTS, PAPERS AND RECORDS OF THE SUPPLIER INVOLVING TRANSACTIONS
RELATING TO THE AFORESAID PURCHASE ARRANGEMENT.
4. TO THE EXTENT THAT ANY INVOICE REQUESTS PAYMENT OF ADVANCES, AS
DISTINGUISHED FROM PAYMENT FO DELIVERY OF DEFENSE ITEMS OR REIMBURSEMENT
IN THE FORM OF PROGRESS PAYMENTS FOR WORK OR SERVICES PERFORMED, THE
SUPPLIER SHALL ATTACH TO THE INVOICE A STATEMENT SETTING FORTH THE
UNDERTAKING OF TH SUPPLIER THAT THE FULL AMOUNT OF THE ADVANCE WILL BE
MAINTAINED BY THE SUPPLIER IN A SEGREGATED ACCOUNT WHICH WILL BE APPLIED
SOLELY TO THE PERFORMANCE OF THE SUPPLIER'S OBLIGATIONS UNDER THE
PURCHASE ARRANGEMENT.
5. THE DESIGNATED REPRESENTATIVE OF THE GOVERNMENT OF ZAIRE IN
WASHINGTON, D.C. SHALL FORWARD SUCH INVOICES TO THE COMPTROLLER, DEFENSE
SECURITY ASSISTANCE AGENCY, THE PENTAGON, WASHINGTON, D.C 20301.
6. EACH INVOICE SHALL BE ACCOMPANIED BY A CERTIFICATION OF THE
GOVERNMENT OF ZAIRE AS FOLLOWS:
THE GOVERNMENT OF ZAIRE CONFIRMS (THAT THE DEFENSE ITEMS SET FORTH
HEREIN HAVE BEEN SATISFACTORIL RECEIVED BY OR FOR THE GOVERNMENT OF
ZAIRE) (THAT THE WORK OR SERVICES FOR WHICH PROGRESS PAYMENTS ARE
REQUESTED HAVE BEEN SATISFACTORILY RENDERED) (THAT PAYMENT IS OTHERWISE
DUE) UNDER ITS PURCHASE ARRANGEMENT OF (DATE FOR THE PURCHASE OF DEFENSE
ITEMS FROM SUPPLIER, AND CERTIFIES THAT THE BILL IS CORRECT AND JUST AND
THAT PAYMENT THEREFOR HAS NOT BEEN MADE. PAYMENT OF THIS INVOICE IS
REQUESTED BY THE MINISTRY OF DEFENSE OF THE GOVERNMENT OF ZAIRE PURSUANT
TO THE TERMS OF THE CREDIT AGREEMENT OF (DATE) BETWEEN THE MINISTRY OF
NATIONAL DEFENSE OF THE GOVERNMENT OF ZAIRE AND THE GOVERNMENT OF THE
UNITED STATES OF AMERICA. THE GOVERNMENT OF ZAIRE CONFIRMS THAT SAID
PURCHASE ARRANGEMENT IS ONE OF THE PURCHASE ARRANGEMENTS AUTHORIZED BY
THE DEPARTMENT OF DEFENSE OF THE UNITED STATES OF AMERICA PURSUANT TO
THE AFORESAID CREDIT AGREEMENT OF (DATE) AND FURTHER CONFIRM THAT THE
CUMULATIVE TOTAL OF THIS INVOICE AND INVOICES PREVIOUSLY PAID BY THE
GOVERNMENT OF THE UNITED STATES AGAINST SAID PURCHASE ARRANGEMENT DOES
NOT EXCEED THE AGGREGATE CREDIT CEILING ESTABLISHED BY THE GOVERNMENT OF
THE UNITED STATES FOR THE SAID PURCHASE ARRANGEMENT.
GOVERNMENT OF ZAIRE
SIGNED
BY MOLONGYA MAYI KUSA
GENERAL DE BRIGADE
SEAL
ANNEX B AND B2
PROMISSORY NOTE
U.S. $__________, WASHINGTON, D.C.
FOR VALUE RECEIVED, THE UNDERSIGNED, THE GOVERNMENT OF ZAIRE (HEREIN
CALLED "ZAIRE"), HEREBY PROMISES TO PAY TO THE ORDER OF THE GOVERNMENT
OF THE UNITED STATES OF AMERICA (HEREIN CALLED "UNITED STATES") THE
PRINCIPAL SUM OF __________ UNITED STATES DOLLARS (U.S. $__________) AS
FOLLOWS:
TOGETHER WITH INTEREST ON ANY AND ALL AMOUNTS REMAINING UNPAID
HEREUNDER FROM TIME TO TIME FROM THE DATE HEREOF UNTIL THIS NOTE SHALL
BE PAID IN FULL, PAYABLE SEMIANNUALLY ON __________ AND __________ OF
EACH YEAR FROM DATE HEREOF AT THE RATE OF _____ PER CENT PER ANNUM
(_____%) USING A 365 DAY FACTOR, BOTH PRINCIPAL AND INTEREST TO BE
PAYABLE IN LAWFUL MONEY OF THE UNITED STATES OF AMERICA AT THE U.S. ARMY
FINANCE COMPTROLLER INFORMATION SYSTEMS COMMAND, ATTN: MILITARY
ASSISTANCE/SALES ACCOUNTING DIVISION, 1000 INDEPENDENCE AVENUE, S.W.,
WASHINGTON, D.C. 20314. ALL PAYMENTS MADE ON ACCOUNT OF THE PRINCIPAL
AMOUNT REMAINING UNPAID HEREUNDER SHALL BE ENDORSED BY TH HOLDER ON THE
REVERSE SIDE OF THIS NOTE.
WHENEVER ANY PAYMENT TO BE MADE SHALL BE DUE ON A SATURDAY, SUNDAY,
OR A PUBLIC HOLIDAY UNDER THE LAWS OF THE GOVERNMENT OF THE UNITED
STATES, SUCH PAYMENT MAY BE MADE ON THE NEXT SUCCEEDING BUSINESS DAY,
AND SUCH EXTENSION OF TIME SHALL IN SUCH CASE BE INCLUDED IN COMPUTING
INTEREST IN CONNECTION WITH SUCH PAYMENT BUT EXCLUDED FROM THE NEXT
INTEREST PERIOD.
THIS NOTE MAY BE PREPAID ON ANY INTEREST PAYMENT DATE. PREPAYMENTS
SHALL BE APPLIED TO THE INSTALLMENTS HEREOF IN THE REVERSE ORDER OF
THEIR MATURITY. ALL PAYMENTS OF PRINCIPAL AND INTEREST ON THIS NOTE ARE
PAYABLE IN LAWFUL MONEY OF THE UNITED STATES OF AMERICA AND IN
IMMEDIATELY AVAILABLE FUNDS, FREE AND CLEAR OF, AND WITHOUT DEDUCTION
FOR, ANY TAXES, LEVIES, IMPOSTS, DEDUCTIONS, AND WITHHOLDINGS WHATSOEVER
NOW OR HEREAFTER IMPOSED, LEVIED, COLLECTED OR ASSESSED WIT RESPECT
THERETO BY ANY CENTRAL OR LOCAL AUTHORITY OF ZAIRE AND SHALL BE PAID
FREE FROM ALL RESTRICTIONS OF ANY CENTRAL OR LOCAL AUTHORITY OF ZAIRE.
THE GOVERNMENT OF ZAIRE AGREES TO PAY ALL OUT-OF-POCKET COSTS AND
EXPENSES IN CONNECTION WITH COLLECTION AFTER DEFAULT OF THIS NOTE
(INCLUDING THE REASONABLE FEES AND OUT-OF-POCKET EXPENSES OF COUNSEL) AS
WELL AS ALL STAMP AND SIMILAR TAXES, IF ANY, NOW OR HEREAFTER IN EFFECT,
AND TO SAVE TH HOLDER OF THE NOTE HARMLESS FROM ANY AND ALL LIABILITIES
WITH RESPECT TO OR RESULTING FROM ANY DELA OR OMISSION TO PAY SUCH
TAXES.
GOVERNMENT OF ZAIRE
SIGNED
BY MOLONGYA MAYI KUSA
GENERAL DE BRIGADE
CHEF DE CABINET
SEAL
ANNEX C
PRINCIPAL REPAYMENT SCHEDULE
THE FIRST $350,000 OF DISBURSEMENTS ARE REPAYABLE ON 1 JULY 1975
THE NEXT $350,000 OF DISBURSEMENTS ARE REPAYABLE ON 1 JANUARY 1976
THE NEXT $350,000 OF DISBURSEMENTS ARE REPAYABLE ON 1 JULY 1976
THE NEXT $350,000 OF DISBURSEMENTS ARE REPAYABLE ON 1 JANUARY 1977
THE NEXT $350,000 OF DISBURSEMENTS ARE REPAYABLE ON 1 JULY 1977
THE NEXT $350,000 OF DISBURSEMENTS ARE REPAYABLE ON 1 JANUARY 1978
THE NEXT $350,000 OF DISBURSEMENTS ARE REPAYABLE ON 1 JULY 1978
THE NEXT $350,000 OF DISBURSEMENTS ARE REPAYABLE ON 1 JANUARY 1979
THE NEXT $350,000 OF DISBURSEMENTS ARE REPAYABLE ON 1 JULY 1979
THE LAST $350,000 OF DISBURSEMENTS ARE REPAYABLE ON 1 JANUARY 1980
VIETNAM 8 AUG 1972 FLITE DOCUMENT NO. 7502526
AMENDMENT
AMENDMENT NUMBER 1 TO OWNERSHIP TRANSFER OF BINH THUY GROUND CONTROL
APPROACH AGREEMENT
AMENDMENT NUMBER 1 TO OWNERSHIP TRANSFER OF BINH THUY GROUND CONTROL
APPROACH AGREEMENT DATED 23 SEPT 1971
PURPOSE: THE PURPOSE OF THIS AMENDMENT IS TO ESTABLISH PROCEDURES
AND ARTICLES OF AGREEMENT WHIC WILL PROVIDE FOR TRANSFER OF OPERATIONAL,
MAINTENANCE, AND MANAGEMENT RESPONSIBILITIES OF THE BINH THUY GCA TO THE
VIETNAMESE AIR FORCE IN ACCORDANCE WITH COMMUNICATIONS-ELECTRONICS
IMPROVEMENT AND MODERNIZATION PLAN DATED 1 JUNE 1971.
SCOPE: THIS AMENDMENT SPECIFIES CONDITIONS FOR TRANSFER OF
OPERATIONS, MAINTENANCE, AND MANAGEMENT RESPONSIBILITIES OF THE BINH
THUY GCA.
GENERAL: THE BINH THUY GCA IS A VNAF OWNED, USAF CONTROLLED,
VNAF/USAF JOINTLY MANNED AND SHARED USAGE FACILITY. THE FOLLOWING
ARTICLES OUTLINE THE CONDITIONS FOR TRANSFER OF CONTROL, MAINTENANCE AND
OPERATIONAL RESPONSIBILITY TO THE VNAF.
ARTICLE 1: FACILITY DESCRIPTION: FOR THE PURPOSE OF THIS AGREEMENT,
THE GCA FACILITY REMAINS AS NOTED IN THE BASIC AGREEMENT UNDER THE
PARAGRAPH SPECIFICALLY ENTITLED "FACILITY DESCRIPTION."
ARTICLE 2: CONSUMMATION: THIS AMENDMENT WILL BE CONSUMMATED WHEN
ALL APPROPRIATE AND DULY AUTHORIZED PARTIES HAVE AFFIXED THEIR SIGNATURE
HERETO. THE EFFECTIVE DATE WILL BE AS NOTED IN ARTICLE 13 OF THIS
AMENDMENT.
ARTICLE 3: USAF ADVISORY/TRAINING RESPONSIBILITIES:
A. USAF RESPONSIBILITIES WILL INCLUDE ADVISORY FUNCTIONS PERFORMED BY
THE AIR FORCE ADVISORY TEAM.
B. USAF WILL ALSO RETAIN ONE CONTRACTOR PERSONNEL AT THIS FACILITY TO
AUGMENT AND PROVIDE TECHNICAL ASSISTANCE TO THE VNAF COMMUNICATIONS
SQUADRON IN THE MAINTENANCE OF THE GCA. THE CONTRACTOR WILL PROVIDE
TRAINING AS REQUIRED UNDER THE INTEGRATED TRAINING PLAN. DURATION OF
CONTRACTOR ASSISTANCE WILL NOT EXCEED SIX MONTHS, AND WILL BE ON AN
AS-REQUIRED BASIS THEREAFTER.
ARTICLE 4: USAF FACILITIES: THE VNAF WILL PROVIDE ADEQUATE FLOOR
SPACE AND OFFICE SPACE TO USAF AND CONTRACTOR PERSONNEL FOR THE PURPOSE
OF ADMINISTRATION, STORAGE, AND TRAINING AS LONG AS THERE IS A
REQUIREMENT FOR USAF ASSISTANCE.
ARTICLE 5: LOGISTICS:
A. APPROPRIATE SUPPLY ACTION DOCUMENTING THE PHYSICAL TRANSFER OF
EQUIPMENT FROM THE USAF TO THE VNAF WILL BE EXECUTED BY THE AUTHORIZED
OFFICERS OF THE RESPECTIVE AIR FORCES WITHIN SEVEN (7) WORKING DAYS OF
THE SIGNING OF THIS DOCUMENT.
B. TURNOVER OF U.S. REAL PROPERTY TO THE VNAF WILL BE IN ACCORDANCE
WITH PROCEDURES ESTABLISHED BY MACV DIRECTIVE 735-3, "PROPERTY
ACCOUNTABILITY," AND THE PROCEDURES DEVELOPED BY 7AF/DE.
C. ON TRANSFER DATE, THE VNAF WILL ASSUME RESPONSIBILITY FOR
MAINTAINING BENCH STOCK LEVELS AND ACQUISITION OF BENCH STOCK, SPARES,
AND SUPPLIES FOR THE GCA.
D. A 30 DAY BENCH STOCK WILL BE ISSUED TO THE VNAF AS RELATED
PROPERTY WITH THE TURNOVER OF THE GCA FACILITY. THE USAF WILL PROVIDE
BENCH STOCK AND SPARES CONSUMPTION DATA TO THE VNAF CHIEF OF SUPPLY
WITHIN SEVEN DAYS OF THE SIGNING OF THIS AGREEMENT. USAF LOGISTICAL
ASSISTANCE WILL BE PROVIDED THROUGH LATERAL SUPPORT TO ALC FOR A PERIOD
NOT TO EXCEED 90 DAYS AFTER DATE OF TRANSFER I ACCORDANCE WITH EXISTING
VNAF/7AF AGREEMENTS. IN ADDITION, USAF WILL PROVIDE SUPPLIES AND PARTS
REQUIRED TO FILL THE DIFFERENCE BETWEEN THE ON-HAND LEVEL AND THE 180
DAY LEVEL OF BENCH STOCK.
E. THE AFAT WILL COORDINATE ALL OF THE ABOVE ACTIONS AND INSURE
COMPLIANCE WITH AFGPR 400-1, TRANSFER OF AIRCRAFT, REAL PROPERTY,
EQUIPMENT, AND SUPPLIES TO THE VIETNAMESE AIR FORCE.
F. ON TRANSFER DATE, THE VNAF WILL ASSUME RESPONSIBILITY FOR
MAINTAINING TEST EQUIPMENT TO INCLUDE CALIBRATION.
ARTICLE 6: MAINTENANCE: ALL MAINTENANCE OF THE GCA WILL BE
ACCOMPLISHED BY THE VNAF. THOSE U.S CONTRACTORS REMAINING WILL PERFORM
IN AN "ADVISORY ROLE" ONLY. EXCEPTIONS TO U.S. CONTRACTORS PERFORMING
IN AN ADVISORY ROLE WILL BE AS FOLLOWS:
A. PROVIDING INTEGRATED TRAINING TO THE VNAF TECHNICIANS.
B. PROVIDING EMERGENCY MAINTENANCE, SUPPLY AND TECHNICAL ASSISTANCE.
C. ACCOMPLISHING EMERGENCY RESTORATION OF THIS FACILITY AS LONG AS IT
IS REQUIRED IN SUPPORT OF USAF AIRCRAFT.
IRAN OF THIS FACILITY WILL BE PERFORMED BY THE VNAF. ARTICLE 7:
REAL PROPERTY AND BASE SUPPORT
REAL PROPERTY AND BASE SUPPORT FUNCTIONS WILL BE PROVIDED BY THE VNA
IN ACCORDANCE WITH THE 28 AP 1970 USAF-VNAF FACILITY TRANSFER AGREEMENT
AND ITS APPROPRIATE ANNEXES. THESE RESPONSIBILITIES INCLUDE THE
FOLLOWING:
A. GENERAL BUILDING MAINTENANCE CONSISTING OF PAINTING, REPAIRS, AND
UPKEEP OF GROUNDS.
B. MAINTENANCE OF ALL LIGHTING AND ELECTRICAL FIXTURES.
C. MAINTENANCE AND OPERATION OF POWER PRODUCTION, PRIMARY AND
SECONDARY.
D. MAINTENANCE OF ALL ANCILLARY EQUIPMENT, COMPONENTS OR PARTS
ASSOCIATED WITH THE FACILITY.
E. PROVISIONING OF SUFFICIENT FUEL AND LUBRICANTS.
ARTICLE 8: REPORTS AND RECORDS:
A. ALL RECORDS REQUIRED BY VNAF REGULATION 100-9 WILL BE COMPLETED
AND STORED TO FORM A MAINTENANCE HISTORICAL RECORD TO BE USED BY USAF
AND VNAF PERSONNEL.
B. EQUIPMENT STATUS REPORTS THROUGH USAF CHANNELS WILL REMAIN A USAF
RESPONSIBILITY, EXERCISED B CONTRACTOR UNTIL TRANSITION TO CATEGORY A
STATUS.
ARTICLE 9: VNAF RESPONSIBILITIES:
A. THE VNAF WILL BE RESPONSIBLE FOR ADVISING THE SAIGON INTERNATIONAL
NOTAM CENTER WHEN THE FACILITY BECOMES INOPERATIVE OR UNRELIABLE.
B. DISTRIBUTION OF NOTAM INFORMATION TO USAF ACTIVITIES WILL BE
ACCOMPLISHED BY THE SEA NOTAM CENTER, TAN SON NHUT AIRFIELD UPON RECEIPT
OF NOTAM INFORMATION FROM THE SAIGON INTERNATIONAL NOTAM CENTER.
C. THE VNAF WILL BE RESPONSIBLE FOR PERFORMING PERIODIC AND SPECIAL
FLIGHT INSPECTIONS. THE USA RETAINS THE RIGHT TO PERFORM SPECIAL FLIGHT
INSPECTIONS AT ANY TIME; SUCH FLIGHTS WILL BE COORDINATED WITH THE
VNAF.
ARTICLE 10: INSPECTIONS: COMBINED USAF AND VNAF INSPECTIONS OF THE
GCA FACILITY WILL BE PERFORMED PERIODICALLY FOR THE PURPOSE OF
DETERMINING THE STATE OF REPAIR, CLEANLINESS AND SERVICEABILITY OF THE
FACILITY.
ARTICLE 11: CHANGES TO THE AGREEMENT:
A. THIS AGREEMENT BECOMES NULL AND VOID IF IN CONFLICT WITH ANY
TREATY, DECLARATION OR AGREEMENT SUBSEQUENTLY NEGOTIATED BETWEEN THE
RESPECTIVE GOVERNMENTS OF THE UNITED STATES OF AMERICA AND THE REPUBLIC
OF VIETNAM.
B. ANY REVISIONS OR CHANGES TO THIS AGREEMENT WILL BE AS AGREED TO BY
ALL PARTIES. SUCH REVISIONS OR CHANGES WILL BE IN WRITING, SIGNED BY
COMPETENT AUTHORITY AND WILL BECOME AN ATTACHMEN TO THE BASIC AGREEMENT.
C. ANY CHANGE IN OWNERSHIP OR CONTROL OF THIS FACILITY WILL REQUIRE
RENEGOTIATION OF THIS AGREEMENT WITH APPROPRIATE U.S. CIVIL OR MILITARY
AUTHORITIES.
ARTICLE 12: AGREEMENT REVIEW: THIS AGREEMENT WILL BE REVIEWED AT
LEAST ANNUALLY FOR ESSENTIALIT AND CURRENCY.
ARTICLE 13: EFFECTIVE DATE: THIS AGREEMENT AND ITS ATTENDANT
ARTICLES BECOMES EFFECTIVE WHEN AL PARTIES LISTED BELOW HAVE CONCURRED
IN THE AGREEMENT AND SO INDICATE BY SIGNATURE. DATE OF LAST SIGNATORY:
8 AUG 1972.
(SIGNATURES OMITTED)
VIETNAM 11 MAY 1971 FLITE DOCUMENT NO. 7502525
AGREEMENT
TO EFFECT THE TRANSFER OF A GENERATING PLANT AT BIEN HOA AIR BASE
FROM USAF TO VNAF AND TO ESTABLISH THE PROCEDURES WHEREBY VNAF WILL
PROVIDE OXYGEN AND NITROGEN TO RVNAF AND USAF AT BIEN HOA.
AGREEMENT BETWEEN THE UNITED STATES AIR FORCE AND THE VIETNAMESE AIR
FORCE
PURPOSE: THE PURPOSE OF THIS AGREEMENT IS TWOFOLD: (A) TO EFFECT
THE TRANSFER OF THE 5 T/D OXYGEN/NITROGEN GENERATING PLANT AT BIEN HOA
AIR BASE FROM USAF TO VHAF, AND (B) TO ESTABLISH THE PROCEDURES WHEREBY
VHAF WILL PROVIDE OXYGEN AND NITROGEN TO RVNAF I.E. VHAF, ARVN, VHN &
VNMC AND LIMITED QUANTITIES OF GASEOUS AND LIQUID OXYGEN TO USAF AT BIEN
HOA.
SCOPE: THIS AGREEMENT COVERS THE TRANSFER OF RESPONSIBILITY FOR THE
OXYGEN GENERATING PLANT AT BIEN HOA. THIS TRANSFER OF RESPONSIBILITY
RESULTS FROM THE DEMONSTRATED PROFICIENCY OF VNAF PERSONNEL AT BIEN HOA
AND IS AN INTEGRAL PART OF VNAF IMPROVEMENT AND MODERNIZATION. IT WILL
EFFEC THE VNAF INDEPENDANCE IN REGARDS TO THEIR ABILITY TO GENERATE
LIQUID AND GASEOUS OXYGEN AND NITROGEN. IT WILL ALSO PROVIDE THE VNAF
WITH THE CAPABILITY TO FULFILL RVNAF AND LIMITED USAF GASEOUS OXYGEN AND
NITROGEN REQUIREMENTS.
GENERAL: ALL INTERESTED AGENCIES WITHIN VNAF, ARVN, VNN, VNMC AND
USAF HAVE AGREED IN PRINCIPLE TO THE ASSUMPTION BY VNAF OF THE
RESPONSIBILITY FOR OPERATING AND MAINTAINING THE OXYGEN GENERATING
PLANT. THIS RESPONSIBILITY INCLUDES SUPPORT OF LIQUID AND GASEOUS
OXYGEN TO VNAF THROUGHOUT RVN, AND FILLING OF RVNAF AND USAF GASEOUS
OXYGEN AND NITROGEN BOTTLES AT BIEN HOA. THIS AGREEMENT IS FORMULATED
TO ESTABLISH THE PROCEDURES FOR A SMOOTH TRANSFER OF RESPONSIBILITY AND
PROPERTY, TO DEFINE THOSE RESPONSIBILITIES, AND THEREFORE TO PRECLUDE
ANY MISUNDERSTANDING WHICH WOULD ARISE FRO UNDEFINED RESPONSIBILITIES.
CRITERIA: THE BASIC CRITERION TO BE ADHERED TO IS THAT THE VNAF,
ARVN, VNN, VNMC AND USAF CONTINUE TO RECEIVE PROPER AND ADEQUATE LIQUID
AND GASEOUS OXYGEN (AND IF APPLICABLE, GASEOUS NITROGEN). THE OXYGEN
GENERATING PLANT AND ASSOCIATED STORAGE TANKS MUST BE PROPERLY
MAINTAINED. THE VNAF AND THE USAF WILL INSURE THAT THESE CRITERIA ARE
MET.
DEFINITIONS: TERMS USED IN THIS AGREEMENT ARE DEFINED AS FOLLOWS:
1. 5T/D OXYGEN GENERATING PLANT: THE 5 TON OXYGEN/NITROGEN
GENERATING PLANT AND ASSOCIATED STORAGE TANKS WHICH ARE LOCATED AT BIEN
HOA. THE PLANT IS DESIGNED TO PRODUCE FIVE TONS OF PRODUCT PER DAY.
2. MAINTENANCE OF THE OXYGEN/GENERATING PLANT AND STORAGE TANKS:
THE PLANT MUST BE OPERATED AND MAINTAINED IN ACCORDANCE WITH T.O.
36G1-3-8-1, T.O. 36G1-3-8-3 AND THE STORAGE TANKS MUST BE MAINTAINED AND
TESTED IN ACCORDANCE WITH T.O. 37A12-8-1, 37A12-9-1 AND T.O. 37A12-9-11
TO INSURE PROPER MAINTENANCE AND QUALITY OF PRODUCTS PRODUCED. TESTS
MUST ALSO BE CONDUCTED REGULARLY ON ALL PRODUCTS STORED IN THE STORAGE
TANKS TO INSURE THAT PRODUCT IS NOT CONTAMINATED PRIOR TO ISSUANCE.
QUALITY CONTROL OF ALL PRODUCTS WILL BE I/A/W T.O. 42B6-1-1 AND T.O.
42B5-1-2.
3. LIQUID BREATHING OXYGEN: LIQUID OXYGEN (LOX) IS PALE BLUE,
ODORLESS AND LIQUIFIES AT -297 DEGS. F. IT CANNOT REMAIN IN THE LIQUID
STATE AT TEMPERATURES ABOVE -182 DEGS. F. OXYGEN IS NON-INFLAMMABLE IN
ITSELF, HOWEVER, IT SUPPORTS RAPID COMBUSTION OF MOST MATERIALS.
AVIATOR'S LIQUID BREATHING OXYGEN MUST MEET THE REQUIREMENTS OUTLINED IN
T.O. 42B6-1-1.
4. GASEOUS BREATHING OXYGEN: GASEOUS OXYGEN (O2) IS A COLORLESS,
ODORLESS AND TASTELESS GAS AND IS SLIGHTLY HEAVIER THAN AIR. OXYGEN IS
NON-FLAMMABLE IN IT SELF, HOWEVER, IT SUPPORTS RAPID COMBUSTION OF MOST
MATERIALS. AVIATOR'S GASEOUS BREATHING OXYGEN MUST MEET THE
REQUIREMENTS OUTLINED IN T.O. 42B6-1-1.
5. INDUSTRIAL (WELDING OXYGEN): WELDING OXYGEN IS A LOWER GRADE OF
GASEOUS OXYGEN THAN BREATHIN OXYGEN AND CAN EXCEED PURITY AND USE LIMITS
AS OUTLINED IN T.O. 42B6-1-1.
6. NITROGEN (N2): NITROGEN IS A COLORLESS, ODORLESS AND TASTELESS
GAS WHICH LIQUIFIES AT -320 DEGS. F. IT IS AN INERT GAS SLIGHTLY LIGHTER
THAN AIR AND DOES NOT FORM INFLAMMABLE OR EXPLOSIVE MIXTURES WITH AIR OR
OXYGEN, NOR WILL IT SUPPORT COMBUSTION. IT IS NON-POISONOUS AND IS
SHIPPED IN A GASEOUS STATE. IT IS USED PRIMARILY AS A COOLANT.
ARTICLE I: THE USAF WILL:
A. TRANSFER THE OPERATIONAL AND MAINTENANCE CONTROL AND
RESPONSIBILITY OF THE BIEN HOA OXYGEN GENERATING PLANT TO THE VNAF ON 1
MAY 1971.
B. TRANSFER TO VNAF ON 20 MAY 1971 ALL EQUIPMENT LISTED IN ATTACHMENT
ONE, WITH THE EXCEPTION OF FSN 3655-078-9902 (SUB 3655-933-4986) WHICH
WILL BE TRANSFERRED 1 JULY 1971, FOLLOWING THE PROCEDURES ESTABLISHED IN
THE USAF/VNAF AGREEMENT ON THE TRANSFER OF EXCESS PROPERTY TO THE VNAF,
DATED 15 DECEMBER 1969, MACV DIRECTIVE 735.3 AND AFGP REGULATION 400-1.
RCNS AS SHOWN IN ATTACHMEN ONE APPLY.
C. PROVIDE CRYOGENIC MATERIALS LABORATORY TESTING SUPPORT FOR PURPOSE
OF PERFORMING OTHER THAN OPERATOR/BASE LEVEL TESTS REQUIRED BY T.O.
42B6-1-1.
ARTICLE II: THE VNAF WILL:
A. ASSUME OPERATIONAL AND MAINTENANCE CONTROL AND RESPONSIBILITY OF
THE BIEN HOA OXYGEN GENERATING PLANT ON 1 MAY 1971.
B. ACCEPT OWNERSHIP OF ALL EQUIPMENT LISTED IN ATTACHMENT ONE ON 20
MAY 1971, WITH THE EXCEPTION OF FSM 3655-078-9902 (SUB 3655-933-4986)
WHICH WILL BE ACCEPTED ON 1 JULY 1971.
C. GENERATE LIQUID AND GASEOUS OXYGEN AND FILL USAF, VNAF, ARVN, VNN,
AND VNAF GASEOUS OXYGEN CYLINDERS AT BIEN HOA EFFECTIVE 1 MAY 1971.
D. PREPARE SAMPLES FOR SHIPMENT FOR TESTS WHICH ARE NOT WITHIN THEIR
CAPABILITY TO PERFORM.
ARTICLE III. THE AFGP WILL: PROVIDE ADVISORY ASSISTANCE TO THE VHAP
OXYGEN GENERATING PERSONNEL THROUGH THE LOX ADVISOR(S) ASSIGNED TO
AFAT-6. THREE ADVISORS WILL BE ASSIGNED THROUGH 31 DECEMBER 1971 AND
ONE ADVISOR THEREAFTER AS LONG AS WITHIN USAF CAPABILITY UNLESS THE
REQUIREMENT FOR AN ADVISOR IS SOONER TERMINATED.
ARTICLE IV: EMERGENCY SITUATIONS MAY DEVELOP WHICH ENDANGER HUMAN
LIFE AND/OR THREATEN ACCOMPLISHMENT OF THE VNAF MISSION. THE TERMS OF
THIS AGREEMENT ARE NOT INTENDED TO PRECLUDE USAF SUPPORT WHERE THE VNAF
DOES NOT HAVE THE CAPABILITY TO COPE UNILATERALLY WITH THE EMERGENCY.
SUCH USAF SUPPORT WILL BE RENDERED ONLY UPON REQUEST OF THE VNAF.
ARTICLE V: THIS AGREEMENT WILL BE EFFECTIVE 1 MAY AND SUPERSEDES ALL
PREVIOUS AGREEMENTS REGARDING JOINT USE OF USAF OXYGEN GENERATING PLANTS
IN RVN AND OXYGEN SUPPORT AGREEMENTS BETWEEN USAF AND VNAF.
ARTICLE VI: (DISTRIBUTION TABLE OMITTED)
SIGNED
COLONEL DANG DINH LINH
DCS/MATERIEL, VNAF
SIGNED
CHARLES B. WOFORD, COLONEL, USAF
DIRECTOR OF MATERIAL
SIGNED
J.G. EICHHORN, LT COLONEL, USAF
ACTING DIRECTOR OF LOGISTICS PLANS, 7AF
11 MAY 1971
(ATCH 1 OMITTED)
VIETNAM 20 JUL 1970 FLITE DOCUMENT NO. 7502524
AGREEMENT
PHYSICAL AND LEGAL TRANSFER OF CAU DO BRIDGE CANTONMENT FROM USAF TO
THE RVNAF.
AGREEMENT
-I-
THIS AGREEMENT IS ENTERED INTO BY AND BETWEEN THE UNITED STATES ARMED
FORCES (USAF) AND THE REPUBLIC OF VIETNAM ARMED FORCES (RVNAF).
-II-
IT IS UNDERSTOOD THAT: THE SIGNATORIES TO THIS AGREEMENT HAVE FULL
AUTHORITY TO REPRESENT, NEGOTIATE, SIGN, AND OBLIGATE THEIR RESPECTIVE
PRINCIPALS WITH REGARD TO THE PROVISIONS OF THIS AGREEMENT.
-III-
IT IS UNDERSTOOD THAT: THE PURPOSE OF THE AGREEMENT IS TO FORMALIZE
THE INTENT AND UNDERSTANDING OF THE USAF AND RVNAF AS SPECIFICALLY
APPLICABLE TO THE PHYSICAL AND LEGAL TRANSFER OF CAU DO BRIDG CANTONMENT
FROM USAF TO THE RVNAF.
-IV-
IT IS UNDERSTOOD THAT: CAU DO BRIDGE CANTONMENT CONSISTS OF 0.7
HECTARES OF LAND IN QUANG NAM PROVINCE. IT IS UNDERSTOOD THAT CAU DO
BRIDGE CANTONMENT IS AN AREA OF REAL ESTATE LOCATED AT GRID COORDINATES
AT-998705 AND COVERING A TOTAL OF 7,000 SQUARE METERS.
-V-
IT IS AGREED THAT: CAU DO BRIDGE CANTONMENT IS TRANSFERRED TO THE
RVNAF AS AN OPERATIONAL MILITARY FACILITY, UTILIZATION OF WHICH WILL BE
DETERMINED BY THE REPUBLIC OF VIETNAM JOINT GENERAL STAFF.
-VI-
IT IS AGREED THAT: THE FINAL AND COMPLETE TRANSFER OF THE CAU DO
BRIDGE CANTONMENT IS EFFECTIVE AT 1100 HOURS, 20 JULY 1970.
-VII-
IT IS AGREED THAT: THE RVNAF ARE FULLY RESPONSIBLE FOR THE OVERALL
SECURITY OF CAU DO BRIDGE AND THE ACCOMPANYING CANTONMENT EFFECTIVE 1100
HOURS, 20 JULY 1970 AND IT IS FURTHER AGREED THAT THE SECURITY FORCES
FOR THE INSTALLATION WILL PROVIDE SECURITY FOR THE UNITED STATES WATER
POINT FACILITY LOCATED WITHIN THE CANTONMENT AS DESCRIBED IN ARTICLE
VIII.
-VIII-
IT IS AGREED THAT: THE UNITED STATES WATER POINT FACILITY LOCATED
WITHIN THE CAU DO BRIDGE CANTONMENT, HEREAFTER REFERRED TO AS THE CAU DO
WATER POINT, AND COMPOSED OF THE FOLLOWING EQUIPMEN AND STRUCTURES AS
SHOWN ON FACILITIES ENGINEERING COMMAND DRAWING NUMBER 1319003, ATTACHED
HERETO AND MADE A PART HEREOF, WILL BE RETAINED BY THE USAF; FACILITY
8017 - WATER PUMPS, ASSOCIATED FUEL LINES AND FUEL TANKS 8024 AND 8025;
PUMPHOUSE 8020 WITH ASSOCIATED GENERATOR-PUMP UNITS, WIRING, PIPING,
UNDERGROUND FUEL TANKS 8021 AND 8022; THE COMPLETE WATER PIPING SYSTEM;
AND ELEVATED WATER STORAGE PLATFORMS 8009 AND 8010 AND ASSOCIATED WATER
STORAGE EQUIPMENT.
-IX-
IT IS AGREED THAT: ALL U.S. GOVERNMENT PERSONNEL WITH THE EXCEPTION
OF THE U.S. REPRESENTATIVES REMAINING TO OPERATE, MAINTAIN, AND MANAGE
THE CAU DO WATER POINT WILL BE COMPLETELY WITHDRAWN FROM CAU DO BRIDGE
CANTONMENT BY 1100 HOURS, 20 JULY 1970. IT IS FURTHER AGREED THAT
BUILDING 8018 AND THE ATTACHED ELEVATED WATER TANK WITH FACILITY NUMBER
8019 WILL BE RESERVED AS LIVING QUARTERS FOR THE U.S. REPRESENTATIVES
REMAINING TO SERVICE THE CAU DO WATER POINT.
-X-
IT IS AGREED THAT: EQUIPMENT, MATERIALS AND FIXTURES LOCATED AT, ON,
IN AND AROUND BUILDINGS, FACILITIES AND GROUNDS AT CAU DO BRIDGE
CANTONMENT AT THE EFFECTIVE TIME OF TRANSFER, AS WELL AS BUILDINGS,
OTHER STRUCTURES AND FACILITIES LOCATED AT AND ON CAU DO BRIDGE
CANTONMENT AT THE EFFECTIVE TIME OF TRANSFER WITH THE EXCEPTION OF THE
AFOREMENTIONED REAL PROPERTY RELATED TO THE CA DO WATER POINT ARE
TRANSFERRED TO THE RVNAF SIMULTANEOUSLY WITH AND AS A PART OF THE
TRANSFER OF CA DO BRIDGE CANTONMENT.
-XI-
IT IS AGREED THAT: THE FACILITIES AT CAU DO BRIDGE CANTONMENT
EXCLUDING THE CAU DO WATER POINT WILL BE MANAGED BY RVNAF EFFECTIVE 1100
HOURS, 20 JULY 1970.
-XII-
IT IS AGREED THAT: THE LAND PRESENTLY REFERRED TO AS CAU DO BRIDGE
CANTONMENT IS RETURNED TO RVNAF CONTROL UNDER THE GENERAL PROVISIONS OF
THE LAND USE CONCURRENCE WHICH ORIGINALLY GRANTED THE USE OF THE LAND
FOR U.S. MILITARY PURPOSES, AND WHICH PROVIDES FOR SUCH RETURN TO RVNAF
WHEN THE LAND IS NO LONGER REQUIRED FOR U.S. MILITARY USE.
-XIII-
IT IS AGREED THAT: THE TRANSFER AND RETURN OF THE LAND IS MADE
WITHOUT FINANCIAL OR OTHER OBLIGATION OR COMMITMENT ON THE PART OF THE
UNITED STATES FOR USE AND OCCUPANCY OR ARISING OUT OF THE USE AND
OCCUPANCY BY U.S. ARMED FORCES.
-XIV-
IT IS AGREED THAT: THE TRANSFER TO RVNAF OF ALL BUILDINGS,
FACILITIES AND OTHER IMPROVEMENTS TO THE LAND CARRIES WITH IT ALL RIGHTS
OF OWNERSHIP AND UNRESTRICTED USE AND POSSESSION EXCEPT THAT TH UNITED
STATES PRESERVES THE RIGHT TO CREDIT FOR THE MONETARY VALUE OF ALL
STRUCTURES, FACILITIES, AND IMPROVEMENTS MADE BY IT TO THE LAND.
IN WITNESS THEREOF THE RESPECTIVE REPRESENTATIVES, DULY AUTHORIZED
FOR THIS PURPOSE, HAVE SIGNED THE PRESENT AGREEMENT.
DONE IN DUPLICATE IN THE ENGLISH AND VIETNAMESE LANGUAGES AT CAU DO
BRIDGE CANTONMENT, QUANG NAM PROVINCE THIS 20TH DAY OF JULY 1970. BOTH
TEXTS WILL BE AUTHENTIC.
JAMES W. SUTHERLAND, JR.
LIEUTENANT GENERAL, USA
COMMANDING
AUTHENTICATED:
SIGNED
W.E. SHEDD
MAJOR GENERAL, USA
CHIEF OF STAFF, XXIV CORPS
HOANG XUAN LAM
LIEUTENANT GENERAL
COMMANDING GENERAL, ICTZ/IMR
AUTHENTICATED:
SIGNED
HOANG MANH DANG
COLONEL
CHIEF OF STAFF, ICTZ/IMP
(4 MAP SKETCHES OMITTED)
URUGUAY 28 JUN 1974 FLITE DOCUMENT NO. 7502523
AGREEMENT
CREDIT AGREEMENT FOR THE PURCHASE OF DEFENSE ARTICLES AND SERVICES
CREDIT AGREEMENT
CREDIT AGREEMENT, MADE AND ENTERED INTO THE 28TH DAY OF JUNE, 1974,
BETWEEN THE GOVERNMENT OF URUGUAY, REPRESENTED BY ITS AMBASSADOR, AND
THE GOVERNMENT OF THE UNITED STATES OF AMERICA, REPRESENTED BY THE
DEPARTMENT OF DEFENSE OF THE UNITED STATES OF AMERICA.
WITNESSETH
WHEREAS, THE GOVERNMENT OF URUGUAY (HEREINAFTER SOMETIMES REFERRED TO
AS THE "BORROWER") DESIRES TO ENTER INTO PURCHASE CONTRACTS (HEREINAFTER
REFERRED TO AS "PURCHASE ARRANGMENTS") WITH THE MILITARY DEPARTMENTS AND
AGENCIES OF THE UNITED STATES DEPARTMENT OF DEFENSE (HEREINAFTER
REFERRED TO AS "DOD") AND/OR VARIOUS UNITED STATES COMMERCIAL SUPPLIERS
FOR THE PURCHASE OF DEFENSE ARTICLES AND SERVICES OF UNITED STATES
ORIGIN (HEREINAFTER COLLECTIVELY REFERRED TO AS "DEFENSE ITEMS"); AND
WHEREAS, THE BORROWER HAS REQUESTED THE GOVERNMENT OF THE UNITED
STATES OF AMERICA (HEREINAFTER SOMETIMES REFERRED TO AS THE "LENDER") TO
FINANCE PAYMENTS REQUIRED TO BE MADE BY THE BORROWER UNDE THE PURCHASE
ARRANGEMENTS; AND
WHEREAS, THE AFORESAID REQUESTED CREDIT WILL FACILITATE THE PURPOSES
OF THE UNITED STATES FOREIGN MILITARY SALES ACT, AS AMENDED;
NOW THEREFORE, IN CONSIDERATION OF THE PREMISE AND THE MUTUAL
COVENANTS HEREINAFTER SET FORTH, AN IN IMPLEMENTATION OF, AND SUBJECT TO
THE PROVISIONS OF THE MUTUAL DEFENSE ASSISTANCE AGREEMENT BETWEEN THE
GOVERNMENT OF URUGUAY AND THE GOVERNMENT OF THE UNITED STATES OF
AMERICA, DATED 30 JUNE 1952, THE PARTIES HERETO AGREE AS FOLLOWS:
1. SUBJECT TO THE TERMS AND CONDITIONS HEREOF, THE LENDER AGREES TO
MAKE LOANS TO THE BORROWER FROM TIME TO TIME IN AN AGGREGATE PRINCIPAL
AMOUNT UP TO BUT NOT EXCEEDING $2,000,000.00 (HEREINAFTER CALLED THE
"COMMITMENT").
2. THE AFORESAID COMMITMENT SHALL BE AVAILABLE ONLY TO FINANCE THE
PURCHASE OF DEFENSE ITEMS BY THE BORROWER PURSUANT TO PURCHASE
ARRANGEMENTS AUTHORIZED FOR SUCH FINANCING BY DOD WHICH ARE ENTERED INTO
BY THE BORROWER ON OR BEFORE 30 JUNE, 1976. EACH AUTHORIZATION FOR THE
BORROWER TO ENTER INTO A PURCHASE ARRANGEMENT IN IMPLEMENTATION OF THIS
CREDIT AGREEMENT SHALL BE SEPARATELY COMMUNICATED BY DOD IN WRITING TO
THE BORROWER, WHICH AUTHORIZATION SHALL SPECIFY THE DEFENSE ITEMS AND
THE AMOUNT OF CREDIT AUTHORIZED FOR THE PURCHASE ARRANGEMENT. THE
BORROWER SHALL INCORPORATE INTO EACH SUCH PURCHASE ARRANGEMENT WITH
COMMERCIAL SUPPLIERS THE PROVISIONS OF ANNEX A HERETO AND ATTACH AS AN
EXHIBIT TO THE PURCHASE ARRANGEMENT A TRUE COPY OF THE APPLICABLE
AFORESAID AUTHORIZATION AND OF PARAGRAPH 9 OF THIS CREDIT AGREEMENT.
3. EACH LOAN HEREUNDER BY THE LENDER SHALL BE MADE IN ACCORDANCE
WITH THE FOLLOWING PROCEDURES:
(A) EACH LOAN SHALL BE MADE ON SUCH DATE (HEREINAFTER REFERRED TO AS
A "DISBURSEMENT DATE") AS MAY BE DESIGNATED BY THE BORROWER FROM TIME TO
TIME UPON TEN (10) DAYS WRITTEN NOTICE BY THE BORROWER TO THE LENDER.
(B) EACH NOTICE SHALL SPECIFY THE AMOUNT OF THE LOAN TO BE MADE BY
THE LENDER ON THE DISBURSEMEN DATE, AND SHALL SPECIFY THE SUPPLIER OR
SUPPLIERS (INCLUDING THE MILITARY DEPARTMENTS OR AGENCIES O DOD) TO WHOM
THE DISBURSEMENT IS TO BE REMITTED BY THE LENDER.
(C) EACH NOTICE SHALL BE PREPARED IN QUADRUPLICATE ON U.S. STANDARD
FORM 1034 AND SHALL BE SENT TO THE COMPTROLLER, DEFENSE SECURITY
ASSISTANCE AGENCY, THE PENTAGON, WASHINGTON, D.C. 20301.
(D) IN THE CASE OF DISBURSEMENTS REQUESTED TO BE MADE TO COMMERCIAL
SUPPLIERS, THE INVOICES SHAL BE PREPARED IN ACCORDANCE WITH THE
PROCEDURE SET FORTH IN ANNEX A HERETO.
(E) IN THE CASE OF DISBURSEMENTS REQUESTED TO BE MADE TO THE MILITARY
DEPARTMENTS AND AGENCIES O DOD, THE NOTICES SHALL HAVE ANNEXED THERETO
COPIES OF THE PAYMENT REQUEST RECEIVED BY THE BORROWER FROM SUCH
MILITARY DEPARTMENT OR AGENCY AGAINST WHICH DISBURSEMENT IS REQUESTED.
(F) WITH EACH NOTICE, THE BORROWER SHALL CONCURRENTLY TRANSMIT TO THE
LENDER AT THE ADDRESS SET FORTH IN SUBPARAGRAPH (C) ABOVE OF THIS
PARAGRAPH A PROMISSORY NOTE SUBSTANTIALLY IN THE FORM OF ANNEX B HERETO
(WITH THE BLANKS APPROPRIATELY FILLED IN) RECITING THE OBLIGATION OF THE
BORROWER TO REPAY THE AMOUNT OF SUCH LOAN WITH INTEREST THEREON AS
HEREINAFTER SET FORTH. (THE PROMISSORY NOTE HEREINABOVE REFERRED TO ARE
HEREINAFTER CALLED THE "NOTES" AND INDIVIDUALLY A "NOTE").
4.(A) ALL OCEAN TRANSPORTATION OF THE DEFENSE ARTICLES SHALL BE ON
VESSELS OF UNITED STATES REGISTRY. THE GOVERNMENT OF THE UNITED STATES
WILL GIVE SYMPATHETIC CONSIDERATION ON A CASE-BY-CAS BASIS TO REQUESTS
BY THE BORROWER JUSTIFYING SHIPMENT ON VESSELS OF THE REGISTRY OF THE
BORROWER. CONSIDERATION WILL BE GIVEN TO SECURITY REQUIREMENTS OF THE
BORROWER TO ASSURE SAFE ARRIVAL.
(B) THE BORROWER OR ITS COMMERCIAL SUPPLIERS SHALL BE RESPONSIBLE FOR
OBTAINING SUCH EXPORT LICENSES AS MAY BE NECESSARY FOR DEFENSE ITEMS
FINANCED HEREUNDER.
5. THIS AGREEMENT EVIDENCES THE LEGAL AND BINDING OBLIGATION OF THE
BORROWER TO MAKE REPAYMENTS TO THE LENDER FOR DISBURSEMENTS MADE BY THE
LENDER IN ACCORDANCE WITH THE TERMS HEREOF. THE LENDER MAY SELL OR
ASSIGN, IN WHOLE OR IN PART, ITS RIGHTS TO SAID REPAYMENTS AND MAY, WITH
RESPECT TO SUC SALE OR ASSIGNMENT, GUARANTEE PAYMENT OF THE SAME.
6.(A) THE BORROWER SHALL REPAY THE DISBURSEMENTS MADE BY THE LENDER
IN ACCORDANCE WITH THE PRINCIPAL REPAYMENT SCHEDULE SET FORTH IN ANNEX C
HERETO, AND SHALL PAY INTEREST SEMIANNUALLY ON 31 DECEMBER AND 30 JUNE
COMMENCING 31 DECEMBER 1974, AT THE RATE OF SEVEN AND SEVEN-EIGHTS
PERCENT (7-7/8%) PER ANNUM, USING A 365 DAY FACTOR, ON THE AMOUNT BY
WHICH FROM TIME TO TIME CUMULATIVE DISBURSEMENTS EXCEED CUMULATIVE
REPAYMENTS OF PRINCIPAL.
(B) IF ON ANY INSTALLMENT REPAYMENT DATE SET FORTH IN THE PRINCIPAL
REPAYMENT SCHEDULE THE BORROWER SHALL NOT HAVE AVAILED ITSELF OF THE
COMMITMENT OF THE LENDER IN AN AGGREGATE AMOUNT (LESS REPAYMENTS
PREVIOUSLY MADE) EQUAL TO THE AGGREGATE INSTALLMENT OF PRINCIPAL WHICH
IS REPAYABLE ON SUCH DATE TO THE LENDER, THE BORROWER SHALL, ON SUCH
INSTALLMENT DATE, REPAY TO THE LENDER THE FULL AMOUNT (LESS REPAYMENTS
PREVIOUSLY MADE) TO WHICH IT HAS AVAILED ITSELF OF THE COMMITMENT OF THE
LENDER TO SUCH DATE, TOGETHER WITH THE INTEREST ACCRUED THEREON. IF AT
ANY TIME THEREAFTER THE BORROWER SHALL AVAIL ITSELF OF THE COMMITMENT OF
THE LENDER IN AN AMOUNT WHICH WOULD HAVE BEEN PAYABLE ON A PRIOR
INSTALLMENT REPAYMENT DATE BUT FOR THE PROVISIONS OF THE IMMEDIATELY
PRECEDING SENTENCE, SUCH AMOUNT, TOGETHER WITH THE INTEREST ACCRUED
THEREON, SHALL BE REPAYABLE ON THE NEXT SUCCEEDING INSTALLMENT DATE OF
THE PRINCIPAL REPAYMENT SCHEDULE OCCURRING AFTER THE DISBURSEMENT OF
SUCH AMOUNT AND THE SAID AGGREGATE INSTALLMENT OF PRINCIPAL REPAYABLE
UNDER THE PRINCIPAL REPAYMENT SCHEDULE TO THE LENDER ON THAT DATE SHALL
BE INCREASED BY SUCH AMOUNT.
(C) IF BY THE DATE SPECIFIED IN PARAGRAPH 2 ABOVE, THE BORROWER SHALL
NOT HAVE ENTERED INTO AUTHORIZED PURCHASE ARRANGEMENTS IN AN AGGREGATE
AMOUNT EQUAL TO THE ENTIRE AMOUNT OF THE COMMITMENT, THE INSTALLMENTS OF
PRINCIPAL REPAYABLE TO THE LENDER SET FORTH IN THE PRINCIPAL REPAYMENT
SCHEDULE SHALL BE REDUCED IN THE INVERSE ORDER OF THE MATURITY THEREOF
TO THE EXTENT OF THE UNUSED BALANCE OF THE COMMITMENT.
(D) WHENEVER ANY REPAYMENT TO BE MADE BY THE BORROWER SHALL BE DUE ON
A SATURDAY, SUNDAY, OR PUBLIC HOLIDAY UNDER THE LAWS OF THE LENDER, SUCH
REPAYMENT MAY BE MADE ON THE NEXT SUCCEEDING BUSINESS DAY, AND SUCH
EXTENSION OF TIME SHALL IN SUCH CASE BE INCLUDED IN COMPUTING INTEREST
IN CONNECTION WITH SUCH REPAYMENT BUT EXCLUDED FROM THE NEXT INTEREST
PERIOD.
(E) THE BORROWER MAY PREPAY THE CREDIT EXTENDED UNDER THIS AGREEMENT
IN PART OR IN FULL ON ANY INTEREST PAYMENT DATE WITHOUT PENALTY OR
PREMIUM, BUT SUCH PREPAYMENT MUST BE ACCOMPANIED BY PAYMEN OF INTEREST
ON THE AMOUNT PREPAID TO THE DATE OF PREPAYMENT AND MUST BE APPLIED TO
THE SATISFACTION OF INSTALLMENTS OF PRINCIPAL REPAYMENTS IN THE INVERSE
ORDER OF THEIR MATURITIES.
(F) ALL REPAYMENTS BY THE BORROWER ON ACCOUNT OF PRINCIPAL OR
INTEREST SHALL BE IN LAWFUL MONEY OF THE UNITED STATES OF AMERICA AND IN
IMMEDIATELY AVAILABLE FUNDS, FREE AND CLEAR OF, AND WITHOUT DEDUCTION
FOR, ANY AND ALL TAXES, LEVIES, IMPOSTS, DEDUCTIONS AND WITHHOLDINGS
WHATSOEVER IMPOSED, LEVIED, COLLECTED OR ASSESSED WITH RESPECT THERETO
BY ANY CENTRAL OR LOCAL AUTHORITY OF
7.(A) THE NOTES SHALL BE FURTHER EVIDENCE OF THE OBLIGATION OF THE
BORROWER TO REPAY THE LOANS MADE HEREUNDER. EACH NOTE SHALL BE DATED
THE PARTICULAR DISBURSEMENT DATE OF THE LOAN WHICH SUCH NOTE EVIDENCES,
SHALL BE PAYABLE TO THE ORDER OF THE GOVERNMENT OF THE UNITED STATES IN
THE PRINCIPAL AMOUNT OF SUCH DISBURSEMENT, AND SHALL BEAR INTEREST ON
THE UNPAID PRINCIPAL AMOUNT THEREOF AS PROVIDED IN PARAGRAPH 6(A).
(B) THE NOTES SHALL BE COMPLETED BY THE BORROWER IN SUCH A MANNER
THAT REPAYMENT OF SUCH LOANS SHALL BE MADE IN THE ORDER OF THEIR
DISBURSEMENT, UTILIZING THE PRINCIPAL REPAYMENT SCHEDULE SET FORTH IN
ANNEX C (AS THE SAME MAY BE ADJUSTED IN ACCORDANCE WITH PARAGRAPHS 6(B)
AND (C) HEREOF), AND, IN DETERMINING WHETHER A PARTICULAR LOAN IS
REPAYABLE IN ONE OR MORE INSTALLMENTS, UTILIZING A PARTICULAR
INSTALLMENT PAYMENT DATE ONLY AFTER THE FULL UTILIZATION OF THE NEXT
PRECEDING INSTALLMENT DATE.
(C) EACH NOTE SHALL BE SIGNED ON BEHALF OF THE BORROWER BY THE CHIEF
OF THE ARMED FORCES MISSION OF URUGUAY.
8.(A) THE BORROWER REPRESENTS AND WARRANTS THAT THE MAKING AND
PERFORMANCE OF THIS AGREEMENT HAV BEEN DULY AUTHORIZED IN ACCORDANCE
WITH THE LAWS OF __________ AND SHALL FURNISH TO THE LENDER UPON REQUEST
EVIDENCE, SATISFACTORY TO THE LENDER, OF THE AUTHORITY OF THE PERSON OR
PERSONS WHO HAVE SIGNED THIS AGREEMENT ON BEHALF OF THE BORROWER AND OF
THE PERSON OR PERSONS WHO WILL SIGN THE NOTE PROVIDED FOR HEREIN ON
BEHALF OF THE BORROWER, TOGETHER WITH THE AUTHENTICATED SPECIMEN
SIGNATURE, IN DUPLICATE, OF EACH OF THE LATTER.
(B) THIS AGREEMENT SHALL INURE TO THE BENEFIT OF THE HOLDERS OF THE
NOTES, THEIR RESPECTIVE SUCCESSORS AND ASSIGNS. THIS AGREEMENT AND THE
NOTES SHALL BE DEEMED TO BE CONTRACTS UNDER THE LAW OF THE DISTRICT OF
COLUMBIA AND FOR ALL PURPOSES SHALL BE CONSTRUED IN ACCORDANCE WITH SAID
LAW. THE BORROWER AGREES THAT JURISDICTION MAY BE TAKEN BY COURTS IN
THE DISTRICT OF COLUMBIA WITH RESPECT TO MATTERS INVOLVING ANY NOTE,
PROVIDED SUCH NOTE IS HELD BY AN INDIVIDUAL, PARTNERSHIP, CORPORATION,
OR OTHER PRIVATE LEGAL ENTITY.
(C) THE BORROWER SHALL IN ALL CASES PAY WHEN AND AS DUE THE PRINCIPAL
OF AND INTEREST ON ALL NOTES ISSUED HEREUNDER, NOTWITHSTANDING ANY
CLAIMS WHICH THE BORROWER MAY NOW OR HEREAFTER HAVE AGAINST ANY SUPPLIER
OF THE DEFENSE ITEMS, DOD, THE LENDER, OR ANY OTHER PERSON OR ENTITY IN
CONNECTION WITH ANY OTHER TRANSACTION, FOR ANY REASON WHATSOEVER.
9. UPON THE OCCURRENCE OF ANY OF THE FOLLOWING EVENTS OF DEFAULT:
(A) IF THE BORROWER FAILS FOR A PERIOD OF TEN (10) DAYS TO MAKE ANY
PAYMENT OF PRINCIPAL OF, OR INTEREST ON, ANY NOTE WHEN DUE;
(B) IF ANY REPRESENTATION OR WARRANTY MADE BY THE BORROWER HEREIN OR
ANY CERTIFICATE FURNISHED B THE BORROWER PURSUANT HERETO PROVES TO BE AT
ANY TIME INCORRECT IN ANY MATERIAL RESPECT; OR
(C) IF THE BORROWER DEFAULTS IN THE PERFORMANCE OF ANY OTHER TERM,
COVENANT OR UNDERTAKING CONTAINED IN THIS CREDIT AGREEMENT, AND SUCH
DEFAULT SHALL CONTINUE UNREMEDIED FOR 30 DAYS AFTER WRITTEN NOTIFICATION
THEREOF SHALL HAVE BEEN GIVEN TO THE BORROWER BY THE LENDER;
THEN, AND IN ANY SUCH EVENT, THE HOLDER OF ANY NOTE MAY DECLARE
IMMEDIATELY DUE AND PAYABLE THE UNPAID PRINCIPAL OF, AND ACCRUED
INTEREST ON, ANY OR ALL NOTES HELD BY SUCH HOLDER AND SUCH AMOUNTS SHALL
BECOME IMMEDIATELY DUE AND PAYABLE WITHOUT PROTEST, PRESENTMENT, NOTICE
OR OTHER DEMAND OF AN KIND, ALL OF WHICH ARE HEREBY EXPRESSLY WAIVED BY
THE BORROWER, AND THE LENDER MAY TERMINATE ITS COMMITMENT HEREUNDER.
10. ALL COMMUNICATIONS AND OTHER DOCUMENTS REQUIRED OR PERMITTED
HEREUNDER, UNLESS SUBMITTED IN THE ENGLISH LANGUAGE, SHALL BE
ACCOMPANIED BY ONE ENGLISH TRANSLATION FOR EACH COPY OF SUCH DOCUMENTS
TO BE FURNISHED AND, IN THE EVENT OF CONFLICT, THE ENGLISH VERSION SHALL
GOVERN. EXCEPT AS OTHERWISE PROVIDED HEREIN, ALL NOTICES, REQUESTS OR
DEMANDS HEREUNDER SHALL BE DEEMED TO HAVE BEEN GIVEN OR MADE UPON THE
MAILING OF THE SAME, POSTAGE PREPAID, OR IN THE CASE OF TELEGRAPHIC
NOTICE, ON DELIVERY TO THE TELEGRAPHIC COMPANY, ADDRESSED IN THE CASE OF
THE BORROWER, TO _________ AND IN THE CASE OF THE LENDER TO THE
DIRECTOR, DEFENSE SECURITY ASSISTANCE AGENCY, THE PENTAGON, WASHINGTON,
D.C. 20301.
11. THIS AGREEMENT MAY BE EXECUTED IN ANY NUMBER OF COUNTERPARTS AND
BY THE PARTIES HERETO ON SEPARATE COUNTERPARTS, EACH OF WHICH SHALL BE
DEEMED AN ORIGINAL BUT ALL SUCH COUNTERPARTS TO CONSTITUTE ONE AND THE
SAME INSTRUMENT.
12. ANNEXES A THROUGH C ATTACHED HERETO ARE, BY THIS REFERENCE, MADE
A PART OF THIS AGREEMENT.
IN WITNESS WHEREOF, THE PARTIES HERETO HAVE DULY EXECUTED THIS
AGREEMENT 28TH DAY OF JUNE 1974.
GOVERNMENT OF URUGUAY
SIGNED
BY DR. HECTOR LUISI
AMBASSADER OF URUGUAY
GOVERNMENT OF THE UNITED STATES OF AMERICA
SIGNED
BY RAY PEET
VICE ADMIRAL, USN
DIRECTOR
DEFENSE SECURITY ASSISTANCE AGENCY
ANNEX A AND A2
PAYMENT PROCEDURES
THE FOLLOWING PROCEDURES AND CONDITIONS SHALL BE ADHERED TO PRIOR TO
EACH DISBURSEMENT TO BE MADE BY THE GOVERNMENT OF THE UNITED STATES FOR
THE ACCOUNT OF THE GOVERNMENT OF __________.
1. THE SUPPLIER SHALL PREPARE AND SUBMIT TO THE DESIGNATED
REPRESENTATIVES OF THE GOVERNMENT OF __________ IN WASHINGTON, D.C.
INVOICES ON U.S. STANDARD FORM 1034 IN SUFFICIENT NUMBER OF COPIES T
PERMIT THE FORWARDING OF FOUR COPIES TO THE DISBURSING OFFICER
DESIGNATED IN PARAGRAPH 5 BELOW.
2. THE SUPPLIER SHALL INSURE THAT EACH INVOICE IS IN ACCORDANCE WITH
RELEVANT PROVISIONS OF ITS PURCHASE ARRANGEMENT WITH THE GOVERNMENT OF
__________.
3. THE SUPPLIER SHALL ATTACH TO EACH INVOICE A STATEMENT THAT
AUTHORIZED REPRESENTATIVES OF THE GOVERNMENT OF THE UNITED STATES SHALL,
UNTIL THE EXPIRATION OF THREE YEARS AFTER FINAL PAYMENT HEREUNDER, HAVE
ACCESS TO AND THE RIGHT TO EXAMINE ANY DIRECTLY RELATED PERTINENT BOOKS,
DOCUMENTS, PAPERS AND RECORDS OF THE SUPPLIER INVOLVING TRANSACTIONS
RELATING TO THE AFORESAID PURCHASE ARRANGEMENT.
4. TO THE EXTENT THAT ANY INVOICE REQUESTS PAYMENT OF ADVANCES, AS
DISTINGUISHED FROM PAYMENT FO DELIVERY OF DEFENSE ITEMS OR REIMBURSEMENT
IN THE FORM OF PROGRESS PAYMENTS FOR WORK OR SERVICES PERFORMED, THE
SUPPLIER SHALL ATTACH TO THE INVOICE A STATEMENT SETTING FORTH THE
UNDERTAKING OF TH SUPPLIER THAT THE FULL AMOUNT OF THE ADVANCE WILL BE
MAINTAINED BY THE SUPPLIER IN A SEGREGATED ACCOUNT WHICH WILL BE APPLIED
SOLELY TO THE PERFORMANCE OF THE SUPPLIER'S OBLIGATIONS UNDER THE
PURCHASE ARRANGEMENT.
5. THE DESIGNATED REPRESENTATIVE OF THE GOVERNMENT OF __________ IN
WASHINGTON, D.C. SHALL FORWARD SUCH INVOICES TO THE COMPTROLLER, DEFENSE
SECURITY ASSISTANCE AGENCY, THE PENTAGON, WASHINGTON, D.C. 20301.
6. EACH INVOICE SHALL BE ACCOMPANIED BY A CERTIFICATION OF THE
GOVERNMENT OF __________ AS FOLLOWS:
"THE GOVERNMENT OF __________ CONFIRMS (THAT THE DEFENSE ITEMS SET
FORTH HEREIN HAVE BEEN SATISFACTORILY RECEIVED BY OR FOR THE GOVERNMENT
OF __________) (THAT THE WORK OR SERVICES FOR WHIC PROGRESS PAYMENTS ARE
REQUESTED HAVE BEEN SATISFACTORILY RENDERED) (THAT PAYMENT IS OTHERWISE
DUE) UNDER ITS PURCHASE ARRANGEMENT OF __________ FOR THE PURCHASE OF
DEFENSE ITEMS FROM SUPPLIER, AND CERTIFIES THAT THE BILL IS CORRECT AND
JUST AND THAT PAYMENT THEREFOR HAS NOT BEEN MADE. PAYMENT O THIS
INVOICE IS REQUESTED BY THE MINISTRY OF DEFENSE OF THE GOVERNMENT OF
__________ PURSUANT TO TH TERMS OF THE CREDIT AGREEMENT OF __________
BETWEEN THE __________ OF THE GOVERNMENT OF __________ AND THE
GOVERNMENT OF THE UNITED STATES OF AMERICA. THE GOVERNMENT OF
__________ CONFIRMS THAT SAI PURCHASE ARRANGEMENT IS ONE OF THE PURCHASE
ARRANGEMENTS AUTHORIZED BY THE DEPARTMENT OF DEFENSE OF THE UNITED
STATES OF AMERICA PURSUANT TO THE AFORESAID CREDIT AGREEMENT OF
__________ AND FURTHER CONFIRMS THAT THE CUMULATIVE TOTAL OF THIS
INVOICE AND INVOICES PREVIOUSLY PAID BY THE GOVERNMENT O THE UNITED
STATES AGAINST SAID PURCHASE ARRANGEMENT DOES NOT EXCEED THE AGGREGATE
CREDIT CEILING ESTABLISHED BY THE GOVERNMENT OF THE UNITED STATES FOR
THE SAID PURCHASE ARRANGEMENT.
GOVERNMENT OF __________
BY (NAME TYPED)
(TITLE)
ANNEX B AND B2
PROMISSORY NOTE
U.S. $__________, WASHINGTON, D.C.
FOR VALUE RECEIVED, THE UNDERSIGNED, THE GOVERNMENT OF__________
(HEREIN CALLED "__________"), HEREBY PROMISES TO PAY TO THE ORDER OF THE
GOVERNMENT OF THE UNITED STATES OF AMERICA (HEREIN CALLE "UNITED
STATES") THE PRINCIPAL SUM OF __________ UNITED STATES DOLLARS (U.S.
$__________) AS FOLLOWS:
TOGETHER WITH INTEREST ON ANY AND ALL AMOUNTS REMAINING UNPAID
HEREUNDER FROM TIME TO TIME FROM THE DATE HEREOF UNTIL THIS NOTE SHALL
BE PAID IN FULL, PAYABLE SEMIANNUALLY ON __________ AND __________ OF
EACH YEAR FROM DATE HEREOF AT THE RATE OF __________ PERCENT PER ANNUM
(_____%) USING 365 DAY FACTOR, BOTH PRINCIPAL AND INTEREST TO BE PAYABLE
IN LAWFUL MONEY OF THE UNITED STATES OF AMERICA TO THE COMPTROLLER,
DEFENSE SECURITY ASSISTANCE AGENCY, ATTN: FINANCE & ACCOUNTING
DIVISION, THE PENTAGON, WASHINGTON, D.C. 20301. ALL PAYMENTS MADE ON
ACCOUNT OF THE PRINCIPAL AMOUNT REMAINING UNPAID HEREUNDER SHALL BE
ENDORSED BY THE HOLDER ON THE REVERSE SIDE OF THIS NOTE.
WHENEVER ANY PAYMENT TO BE MADE SHALL BE DUE ON A SATURDAY, SUNDAY,
OR A PUBLIC HOLIDAY UNDER THE LAWS OF THE GOVERNMENT OF THE UNITED
STATES, SUCH PAYMENT MAY BE MADE ON THE NEXT SUCCEEDING BUSINESS DAY,
AND SUCH EXTENSION OF TIME SHALL IN SUCH CASE BE INCLUDED IN COMPUTING
INTEREST IN CONNECTION WITH SUCH PAYMENT BUT EXCLUDED FROM THE NEXT
INTEREST PERIOD.
THIS NOTE MAY BE PREPAID ON ANY INTEREST PAYMENT DATE. PREPAYMENTS
SHALL BE APPLIED TO THE INSTALLMENTS HEREOF IN THE REVERSE ORDER OF
THEIR MATURITY. ALL PAYMENTS OF PRINCIPAL AND INTEREST ON THIS NOTE ARE
PAYABLE IN LAWFUL MONEY OF THE UNITED STATES OF AMERICA AND IN
IMMEDIATELY AVAILABLE FUNDS, FREE AND CLEAR OF, AND WITHOUT DEDUCTION
FOR, ANY TAXES, LEVIES, IMPOSTS, DEDUCTIONS, AND WITHHOLDINGS WHATSOEVER
NOW OR HEREAFTER IMPOSED, LEVIED, COLLECTED OR ASSESSED WIT RESPECT
THERETO BY ANY CENTRAL OR LOCAL AUTHORITY OF __________ AND SHALL BE
PAID FREE FROM ALL RESTRICTIONS OF ANY CENTRAL OR LOCAL AUTHORITY OF
__________
THE GOVERNMENT OF __________ AGREES TO PAY ALL OUT-OF-POCKET COSTS
AND EXPENSES IN CONNECTION WIT COLLECTION AFTER DEFAULT OF THIS NOTE
(INCLUDING THE REASONABLE FEES AND OUT-OF-POCKET EXPENSES OF COUNSEL) AS
WELL AS ALL STAMP AND SIMILAR TAXES, IF ANY, NOW OR HERAFTER IN EFFECT,
AND TO SAVE THE HOLDER OF THE NOTE HARMLESS FROM ANY AND ALL LIABILITIES
WITH RESPECT TO OR RESULTING FROM ANY DELA OR OMISSION TO PAY SUCH
TAXES.
GOVERNMENT OF __________
BY (NAME TYPED)
(TITLE)
ANNEX C
PRINCIPAL REPAYMENT SCHEDULE
THE FIRST $ 125,000.00 OF DISBURSEMENTS ARE REPAYABLE ON 30 JUN 1975
THE NEXT $ 125,000.00 OF DISBURSEMENTS ARE REPAYABLE ON 31 DEC 1975
THE NEXT $ 125,000.00 OF DISBURSEMENTS ARE REPAYABLE ON 30 JUN 1976
THE NEXT $ 125,000.00 OF DISBURSEMENTS ARE REPAYABLE ON 31 DEC 1976
THE NEXT $ 125,000.00 OF DISBURSEMENTS ARE REPAYABLE ON 30 JUN 1977
THE NEXT $ 125,000.00 OF DISBURSEMENTS ARE REPAYABLE ON 31 DEC 1977
THE NEXT $ 125,000.00 OF DISBURSEMENTS ARE REPAYABLE ON 30 JUN 1978
THE NEXT $ 125,000.00 OF DISBURSEMENTS ARE REPAYABLE ON 31 DEC 1978
THE NEXT $ 125,000.00 OF DISBURSEMENTS ARE REPAYABLE ON 30 JUN 1979
THE NEXT $ 125,000.00 OF DISBURSEMENTS ARE REPAYABLE ON 31 DEC 1979
THE NEXT $ 125,000.00 OF DISBURSEMENTS ARE REPAYABLE ON 30 JUN 1980
THE NEXT $ 125,000.00 OF DISBURSEMENTS ARE REPAYABLE ON 31 DEC 1980
THE NEXT $ 125,000.00 OF DISBURSEMENTS ARE REPAYABLE ON 30 JUN 1981
THE NEXT $ 125,000.00 OF DISBURSEMENTS ARE REPAYABLE ON 31 DEC 1981
THE NEXT $ 125,000.00 OF DISBURSEMENTS ARE REPAYABLE ON 30 JUN 1982
THE LAST $ 125,000.00 OF DISBURSEMENTS ARE REPAYABLE ON 31 DEC 1982
PURCHASE ARRANGEMNT AUTHORIZATION
DEAR
IN IMPLEMENTATION OF PARAGRAPH 2 OF THE CREDIT AGREEMENT BETWEEN THE
MINISTRY OF DEFENSE OF THE GOVERNMENT OF __________ AND THE DEPARTMENT
OF DEFENSE OF THE GOVERNMENT OF THE UNITED STATES, ENTERED INTO ON
__________, AND IN RESPONSE TO YOUR REQUEST OF __________, THE
GOVERNMENT OF __________ IS HEREBY AUTHORIZED TO ENTER INTO A PURCHASE
ARRANGEMENT WITH THE BELOW DESIGNATED SUPPLIERS FOR THE PURCHASE OF THE
FOLLOWING DEFENSE ARTICLES AND DEFENSE SERVICES AND THE AMOUNT OF CREDIT
AUTHORIZED FOR SUCH PURCHASE ARRANGEMENT:
ITEMS SUPPLIER AMOUNT
VERY TRULY YOURS,
DEFENSE SECURITY ASSISTANCE AGENCY CREDIT AGREEMENT
CREDIT AGREEMENT, MADE AND ENTERED INTO THE 28 DAY OF JUNE 1974
BETWEEN THE GOVERNMENT OF THE REPUBLIC OF VENEZUELA, REPRESENTED BY THE
MINISTRY OF DEFENSE OF VENEZUELA, AND THE GOVERNMENT OF THE UNITED
STATES OF AMERICA, REPRESENTED BY THE DEPARTMENT OF DEFENSE OF THE
UNITED STATES OF AMERICA.
WITNESSETH
WHEREAS, THE GOVERNMENT OF VENEZUELA (HEREINAFTER SOMETIMES REFERRED
TO AS THE "BORROWER") DESIRE TO ENTER INTO PURCHASE CONTRACTS
(HEREINAFTER REFERRED TO AS "PURCHASE ARRANGEMENTS") WITH THE MILITARY
DEPARTMENTS AND AGENCIES OF THE UNITED STATES DEPARTMENT OF DEFENSE
(HEREINAFTER REFERRED TO AS "DOD") AND/OR VARIOUS UNITED STATES
COMMERCIAL SUPPLIERS FOR THE PURCHASE OF DEFENSE ARTICLES AND SERVICES
OF UNITED STATES ORIGIN (HEREINAFTER COLLECTIVELY REFERRED TO AS
"DEFENSE ITEMS"); AND
WHEREAS, THE BORROWER HAS REQUESTED THE GOVERNMENT OF THE UNITED
STATES OF AMERICA (HEREINAFTER SOMETIMES REFERRED TO AS THE "LENDER") TO
FINANCE PAYMENTS REQUIRED TO BE MADE BY THE BORROWER UNDE THE PURCHASE
ARRANGEMENTS; AND
WHEREAS, THE AFORESAID REQUESTED CREDIT WILL FACILITATE THE PURPOSES
OF THE UNITED STATES FOREIGN MILITARY SALES ACT, AS AMENDED;
NOW THEREFORE, IN CONSIDERATION OF THE PREMISE AND THE MUTUAL
CONVENANTS HEREINAFTER SET FORTH, THE PARTIES HERETO AGREE AS FOLLOWS:
1. SUBJECT TO THE TERMS AND CONDITIONS HEREOF, THE LENDER AGREES TO
MAKE LOANS TO THE BORROWER FROM TIME TO TIME IN AN AGGREGATE PRINCIPAL
AMOUNT UP TO BUT NOT EXCEEDING $7,500,000.00 (HEREINAFTER CALLED THE
"COMMITMENT").
2. THE AFORESAID COMMITMENT SHALL BE AVAILABLE ONLY TO FINANCE THE
PURCHASE OF DEFENSE ITEMS BY THE BORROWER PURSUANT TO PURCHASE
ARRANGEMENTS AUTHORIZED FOR SUCH FINANCING BY DOD WHICH ARE ENTERED INTO
BY THE BORROWER ON OR BEFORE 31 DECEMBER 1976. EACH AUTHORIZATION FOR
THE BORROWER TO ENTER INTO A PURCHASE ARRANGEMENT IN IMPLEMENTATION OF
THIS CREDIT AGREEMENT SHALL BE SEPARATELY COMMUNICATED BY DOD IN WRITING
TO THE BORROWER, WHICH AUTHORIZATION SHALL SPECIFY THE DEFENSE ITEMS AND
THE AMOUNT OF CREDIT AUTHORIZED FOR THE PURCHASE ARRANGEMENT. THE
BORROWER SHALL INCORPORATE INTO EACH SUCH PURCHASE ARRANGEMENT WITH
COMMERCIAL SUPPLIERS THE PROVISIONS OF ANNEX A HERETO AND ATTACH AS AN
EXHIBIT TO THE PURCHASE ARRANGEMENT A TRUE COPY OF THE APPLICABLE
AFORESAID AUTHORIZATION AND OF PARAGRAPH 9 OF THIS CREDIT AGREEMENT.
3. EACH LOAN HEREUNDER BY THE LENDER SHALL BE MADE IN ACCORDANCE
WITH THE FOLLOWING PROCEDURES:
(A) EACH LOAN SHALL BE MADE ON SUCH DATE (HEREIN REFERRED TO AS A
"DISBURSEMENT DATE") AS MAY BE DESIGNATED BY THE BORROWER FROM TIME TO
TIME UPON TEN (10) DAYS WRITTEN NOTICE BY THE BORROWER TO THE LENDER.
(B) EACH NOTICE SHALL SPECIFY THE AMOUNT OF THE LOAN TO BE MADE BY
THE LENDER ON THE DISBURSEMEN DATE, AND SHALL SPECIFY THE SUPPLIER OR
SUPPLIERS (INCLUDING THE MILITARY DEPARTMENTS OR AGENCIES O DOD) TO WHOM
THE DISBURSEMENT IS TO BE REMITTED BY THE LENDER.
(C) EACH NOTICE SHALL BE PREPARED IN QUADRUPLICATE ON U.S. STANDARD
FORM 1034 AND SHALL BE SENT TO THE COMPTROLLER, DEFENSE SECURITY
ASSISTANCE AGENCY, THE PENTAGON, WASHINGTON, D.C. 20301.
(D) IN THE CASE OF DISBURSEMENTS REQUESTED TO BE MADE TO COMMERCIAL
SUPPLIERS, THE INVOICES SHAL BE PREPARED IN ACCORDANCE WITH THE
PROCEDURES SET FORTH IN ANNEX A HERETO.
(E) IN THE CASE OF DISBURSEMENTS REQUESTED TO BE MADE TO THE MILITARY
DEPARTMENTS AND AGENCIES O DOD, THE NOTICES SHALL HAVE ANNEXED HERETO
COPIES OF THE PAYMENT REQUESTED RECEIVED BY THE BORROWER FROM SUCH
MILITARY DEPARTMENT OR AGENCY AGAINST WHICH DISBURSEMENT IS REQUESTED.
(F) WITH EACH NOTICE, THE BORROWER SHALL CONCURRENTLY TRANSMIT TO THE
LENDER AT THE ADDRESS SET FORTH IN SUBPARAGRAPH (C) ABOVE OF THIS
PARAGRAPH A PROMISSORY NOTE SUBSTANTIALLY IN THE FORM OF ANNEX B HERETO
(WITH THE BLANKS APPROPRIATELY FILLED IN) RECITING THE OBLIGATION OF THE
BORROWER TO REPAY THE AMOUNT OF SUCH LOAN WITH INTEREST THEREON AS
HEREINAFTER SET FORTH. (THE PROMISSORY NOTE HEREINABOVE REFERRED TO ARE
HEREINAFTER CALLED THE "NOTES" AND INDIVIDUALLY A "NOTE").
4.(A) OCEAN TRANSPORTATION OF THE DEFENSE ARTICLES, INSOFAR AS
PRACTICABLE, SHALL BE EQUALLY DIVIDED BETWEEN VESSELS OF UNITED STATES
REGISTRY AND VESSELS OF VENEZUELAN REGISTRY.
(B) THE BORROWER OR ITS COMMERCIAL SUPPLIERS SHALL BE RESPONSIBLE FOR
OBTAINING SUCH EXPORT LICENSES AS MAY BE NECESSARY FOR DEFENSE ITEMS
FINANCED HEREUNDER.
5. THIS AGREEMENT EVIDENCES THE LEGAL AND BINDING OBLIGATION OF THE
BORROWER TO MAKE REPAYMENTS TO THE LENDER FOR DISBURSEMENTS MADE BY THE
LENDER IN ACCORDANCE WITH THE TERMS HEREOF. THE LENDER MAY SELL OR
ASSIGN, IN WHOLE OR IN PART, ITS RIGHTS TO SAID REPAYMENTS AND MAY, WITH
RESPECT TO SUC SALE OR ASSIGNMENT, GUARANTEE PAYMENT OF THE SAME. THE
LENDER AGREES THAT IT WILL NOT SELL OR ASSIGN ITS RIGHTS TO A THIRD
PARTY OTHER THAN AN AGENCY OF THE UNITED STATES GOVERNMENT.
6.(A) THE BORROWER SHALL REPAY THE DISBURSEMENTS MADE BY THE LENDER
IN ACCORDANCE WITH THE PRINCIPAL REPAYMENT SCHEDULE SET FORTH IN ANNEX C
HERETO, AND SHALL PAY INTEREST ANNUALLY COMMENCIN 30 SEPTEMBER 1975, AT
THE RATE OF SEVEN AND SEVEN-EIGHTHS PERCENT (7 7/8%) PER ANNUM, USING A
365 DAY FACTOR, ON THE AMOUNT BY WHICH FROM TIME TO TIME CUMULATIVE
DISBURSEMENTS EXCEED CUMULATIVE REPAYMENTS OF PRINCIPAL.
(B) IF ON ANY INSTALLMENT REPAYMENT DATE SET FORTH IN THE PRINCIPAL
REPAYMENT SCHEDULE THE BORROWER SHALL NOT HAVE AVAILED ITSELF OF THE
COMMITMENT OF THE LENDER IN AN AGGREGATE AMOUNT (LESS REPAYMENTS
PREVIOUSLY MADE) EQUAL TO THE AGGREGATE INSTALLMENT OF PRINCIPAL WHICH
IS REPAYABLE ON SUCH DATE TO THE LENDER, THE BORROWER SHALL, ON SUCH
INSTALLMENT DATE, REPAY TO THE LENDER THE FULL AMOUNT (LESS REPAYMENTS
PREVIOUSLY MADE) TO WHICH IT HAS AVAILED ITSELF OF THE COMMITMENT OF THE
LENDER TO SUCH DATE, TOGETHER WITH THE INTEREST ACCRUED THEREON. IF AT
ANY TIME THEREAFTER THE BORROWER SHALL AVAIL ITSELF OF THE COMMITMENT OF
THE LENDER IN AN AMOUNT WHICH WOULD HAVE BEEN PAYABLE ON A PRIOR
INSTALLMENT REPAYMENT DATE BUT FOR THE PROVISIONS OF THE IMMEDIATELY
PRECEDING SENTENCE, SUCH AMOUNT, TOGETHER WITH THE INTEREST ACCRUED
THEREON, SHALL BE REPAYABLE ON THE NEXT SUCCEEDING INSTALLMENT DATE OF
THE PRINCIPAL REPAYMENT SCHEDULE OCCURRING AFTER THE DISBURSEMENT OF
SUCH AMOUNT AND THE SAID AGGREGATE INSTALLMENT OF PRINCIPAL REPAYABLE
UNDER THE PRINCIPAL REPAYMENT SCHEDULE TO THE LENDER ON THAT DATE SHALL
BE INCREASED BY SUCH AMOUNT.
(C) IF BY THE DATE SPECIFIED IN PARAGRAPH 2 ABOVE, THE BORROWER SHALL
NOT HAVE ENTERED INTO AUTHORIZED PURCHASE ARRANGEMENTS IN AN AGGREGATE
AMOUNT EQUAL TO THE ENTIRE AMOUNT OF THE COMMITMENT, THE INSTALLMENTS OF
PRINCIPAL REPAYABLE TO THE LENDER SET FORTH IN THE PRINCIPAL REPAYMENT
SCHEDULE SHALL BE REDUCED IN THE INVERSE ORDER OF THE MATURITY THEREOF
TO THE EXTENT OF THE UNUSED BALANCE OF THE COMMITMENT.
(D) WHENEVER ANY REPAYMENT TO BE MADE BY THE BORROWER SHALL BE DUE ON
A SATURDAY, SUNDAY, OR PUBLIC HOLIDAY UNDER THE LAWS OF THE LENDER, SUCH
REPAYMENT MAY BE MADE ON THE NEXT SUCCEEDING BUSINESS DAY, AND SUCH
EXTENSION OF TIME SHALL IN SUCH CASE BE INCLUDED IN COMPUTING INTEREST
IN CONNECTION WITH SUCH REPAYMENT BUT EXCLUDED FROM THE NEXT INTEREST
PERIOD.
(E) THE BORROWER MAY PREPAY THE CREDIT EXTENDED UNDER THIS AGREEMENT
IN PART OR IN FULL ON ANY INTEREST PAYMENT DATE WITHOUT PENALTY OR
PREMIUM, BUT SUCH PREPAYMENT MUST BE ACCOMPANIED BY PAYMEN OF INTEREST
ON THE AMOUNT PREPAID TO THE DATE OF PREPAYMENT AND MUST BE APPLIED TO
THE SATISFACTION OF INSTALLMENTS OF PRINCIPAL REPAYMENTS IN THE INVERSE
ORDER OF THEIR MATURITIES.
(F) ALL REPAYMENTS BY THE BORROWER ON ACCOUNT OF PRINCIPAL OR
INTEREST SHALL BE IN LAWFUL MONEY OF THE UNITED STATES OF AMERICA AND IN
IMMEDIATELY AVAILABLE FUNDS, FREE AND CLEAR OF, AND WITHOUT DEDUCTION
FOR, ANY AND ALL TAXES, LEVIES, IMPOSTS, DEDUCTIONS AND WITHHOLDINGS
WHATSOEVER IMPOSED, LEVIED, COLLECTED OR ASSESSED WITH RESPECT THERETO
BY ANY CENTRAL OR LOCAL AUTHORITY OF VENEZUELA.
7.(A) THE NOTES SHALL BE FURTHER EVIDENCE OF THE OBLIGATION OF THE
BORROWER TO REPAY THE LOANS MADE HEREUNDER. EACH NOTE SHALL BE DATED
THE PARTICULAR DISBURSEMENT DATE OF THE LOAN WHICH SUCH NOTE EVIDENCES,
SHALL BE PAYABLE TO THE ORDER OF THE GOVERNMENT OF THE UNITED STATES IN
THE PRINCIPAL AMOUNT OF SUCH DISBURSEMENT, AND SHALL BEAR INTEREST ON
THE UNPAID PRINCIPAL AMOUNT THEREOF AS PROVIDED IN PARAGRAPH 6(A).
(B) THE NOTES SHALL BE COMPLETED BY THE BORROWER IN SUCH A MANNER
THAT REPAYMENT OF SUCH LOANS SHALL BE MADE IN THE ORDER OF THEIR
DISBURSEMENT, UTILIZING THE PRINCIPAL REPAYMENT SCHEDULE SET FORTH IN
ANNEX C (AS THE SAME MAY BE ADJUSTED IN ACCORDANCE WITH PARAGRAPHS 6(B)
AND (C) HEREOF), AND, IN DETERMINING WHETHER A PARTICULAR LOAN IS
REPAYABLE IN ONE OR MORE INSTALLMENTS, UTILIZING A PARTICULAR
INSTALLMENT PAYMENT DATE ONLY AFTER THE FULL UTILIZATION OF THE NEXT
PRECEDING INSTALLMENT DATE.
(C) EACH NOTE SHALL BE SIGNED ON BEHALF OF THE BORROWER BY THE
MILITARY ATTACHE OF THE VENEZUELA EMBASSY IN WASHINGTON, D.C., DULY
AUTHORIZED IN WRITING BY THE CHIEF OF THE JOINT STAFF UNDER THE
AUTHORITY OF THE MINISTRY OF DEFENSE OF THE REPUBLIC OF VENEZUELA.
8.(A) THE BORROWER REPRESENTS AND WARRANTS THAT THE MAKING AND
PERFORMANCE OF THIS AGREEMENT HAV BEEN DULY AUTHORIZED IN ACCORDANCE
WITH THE LAWS OF VENEZUELA AND SHALL FURNISH TO THE LENDER UPON REQUEST
EVIDENCE, SATISFACTORY TO THE LENDER, OF THE AUTHORITY OF THE PERSON OR
PERSONS WHO HAVE SIGNED THIS AGREEMENT ON BEHALF OF THE BORROWER AND OF
THE PERSON OR PERSONS WHO WILL SIGN THE NOTE PROVIDED FOR HEREIN ON
BEHALF OF THE BORROWER, TOGETHER WITH THE AUTHENTICATED SPECIMEN
SIGNATURE, IN DUPLICATE, OF EACH OF THE LATTER. THE LENDER SIMILARLY
REPRESENTS AND WARRANTS THAT THE MAKING AND PERFORMANCE OF THIS
AGREEMENT HAVE BEEN DULY AUTHORIZED IN ACCORDANCE WITH UNITED STATES
LAWS, AND WILL PRESENT THE SAME AUTHORIZATION FOR THE PERSON OR PERSONS
THAT SIGN ON BEHALF OF THE LENDER
(B) THIS AGREEMENT SHALL INSURE TO THE BENEFIT OF THE HOLDERS OF THE
NOTES, THEIR RESPECTIVE SUCCESSORS AND ASSIGNS.
(C) THE BORROWER SHALL IN ALL CASES PAY WHEN AND AS DUE THE PRINCIPAL
OF THE INTEREST ON ALL NOTES ISSUED HEREUNDER, NOTWITHSTANDING ANY
CLAIMS WHICH THE BORROWER MAY NOW OR HEREAFTER HAVE AGAINST ANY SUPPLIER
OF THE DEFENSE ITEMS, DOD, THE LENDER, OR ANY OTHER PERSON OR ENTITY IN
CONNECTION WITH ANY OTHER TRANSACTION, FOR ANY REASON WHATSOEVER.
9. UPON THE OCCURRENCE OF ANY OF THE FOLLOWING EVENTS OF DEFAULT:
(A) IF THE BORROWER FAILS FOR A PERIOD OF SIXTY (60) DAYS TO MAKE ANY
PAYMENT OF PRINCIPAL OF, O INTEREST ON, ANY NOTE WHEN DUE;
(B) IF ANY REPRESENTATION OR WARRANTY MADE BY THE BORROWER HEREIN OR
ANY CERTIFICATE FURNISHED B THE BORROWER PURSUANT HERETO PROVES TO BE AT
ANY TIME INCORRECT IN ANY MATERIAL RESPECT; OR
(C) IF THE BORROWER DEFAULTS IN THE PERFORMANCE OF ANY OTHER TERM,
COVENANT OR UNDERTAKING CONTAINED IN THIS CREDIT AGREEMENT, AND SUCH
DEFAULT SHALL CONTINUE UNREMEDIED FOR 60 DAYS AFTER WRITTEN NOTIFICATION
THEREOF SHALL HAVE BEEN GIVEN TO THE BORROWER BY THE LENDER; THEN, AND
IN ANY SUCH EVENT, THE HOLDER OF ANY NOTE MAY DECLARE IMMEDIATELY DUE
AND PAYABLE THE UNPAID PRINCIPAL OF, AND ACCRUED INTEREST ON, ANY OR ALL
NOTES HELD BY SUCH HOLDER AND SUCH AMOUNTS SHALL BECOME IMMEDIATELY DUE
AND PAYABLE WITHOUT PROTEST, PRESENTMENT, NOTICE OR OTHER DEMAND OF ANY
KIND, ALL O WHICH ARE HEREBY EXPRESSLY WAIVED BY THE BORROWER, AND THE
LENDER MAY TERMINATE ITS COMMITMENT HEREUNDER.
10. ALL COMMUNICATIONS AND OTHER DOCUMENTS REQUIRED OR PERMITTED
HEREUNDER, UNLESS SUBMITTED IN THE ENGLISH LANGUAGE, SHALL BE
ACCOMPANIED BY ONE ENGLISH TRANSLATION FOR EACH COPY OF SUCH DOCUMENTS
TO BE FURNISHED AND BOTH THE ENGLISH AND SPANISH VERSIONS SHALL BE
CONSIDERED TO BE AUTHENTIC DOCUMENTS. EXCEPT AS OTHERWISE PROVIDED
HEREIN, ALL NOTICES, REQUESTS OR DEMANDS HEREUNDER SHALL BE DEEMED TO
HAVE BEEN GIVEN OR MADE UPON THE MAILING OF THE SAME, POSTAGE PREPAID,
OR IN THE CASE OF TELEGRAPHIC NOTICE, ON DELIVERY TO THE TELEGRAPHIC
COMPANY, ADDRESSED IN THE CASE OF THE BORROWER, TO THE EMBASSY OF
VENEZUELA, MILITARY ATTACHE, WAR MATERIEL OFFICE, WASHINGTON, D.C. AND
IN THE CASE OF THE LENDER TO THE DIRECTOR, DEFENSE SECURITY ASSISTANCE
AGENCY, THE PENTAGON, WASHINGTON, D.C. 20301.
11. THIS AGREEMENT MAY BE EXECUTED IN ANY NUMBER OF COUNTERPARTS AND
BY THE PARTIES HERETO ON SEPARATE COUNTERPARTS, EACH OF WHICH SHALL BE
DEEMED AN ORIGINAL BUT ALL SUCH COUNTERPARTS TO CONSTITUTE ONE AND THE
SAME INSTRUMENT.
12. ANNEXES A THROUGH C ATTACHED HERETO ARE, BY THIS REFERENCE, MADE
A PART OF THIS AGREEMENT.
IN WITNESS WHEREOF, THE PARTIES HERETO HAVE DULY EXECUTED THIS
AGREEMENT THIS 28 DAY OF JUNE 1974
GOVERNMENT OF VENEZUELA
SIGNED
HOMERO IGNACIO LEAL TORRES
GENERAL OF DIVISION
MINISTER OF DEFENSE
GOVERNMENT OF THE UNITED STATES OF AMERICA
SIGNED
FRANCIS J. BUSH
COMMANDER, U.S. MILITARY GROUP
ANNEX A
PAYMENT PROCEDURES
THE FOLLOWING PROCEDURES AND CONDITIONS SHALL BE ADHERED TO PRIOR TO
EACH DISBURSEMENT TO BE MADE BY THE GOVERNMENT OF THE UNITED STATES FOR
THE ACCOUNT OF THE GOVERNMENT OF VENEZUELA.
1. THE SUPPLIER SHALL PREPARE AND SUBMIT TO THE DESIGNATED
REPRESENTATIVES OF THE GOVERNMENT OF VENEZUELA IN WASHINGTON, D.C.
INVOICES ON U.S. STANDARD FORM 1034 IN SUFFICIENT NUMBER OF COPIES TO
PERMIT THE FORWARDING OF FOUR COPIES TO THE DISBURSING OFFICER
DESIGNATED IN PARAGRAPH 5 BELOW.
2. THE SUPPLIER SHALL INSURE THAT EACH INVOICE IS IN ACCORDANCE WITH
RELEVANT PROVISIONS OF ITS PURCHASE ARRANGEMENT WITH THE GOVERNMENT OF
VENEZUELA.
3. THE SUPPLIER SHALL ATTACH TO EACH INVOICE A STATEMENT THAT
AUTHORIZED REPRESENTATIVES OF THE GOVERNMENT OF THE UNITED STATES SHALL,
UNTIL THE EXPIRATION OF THREE YEARS AFTER FINAL PAYMENT HEREUNDER, HAVE
ACCESS TO AND THE RIGHT TO EXAMINE ANY DIRECTLY RELATED PERTINENT BOOKS,
DOCUMENTS, PAPERS AND RECORDS OF THE SUPPLIER INVOLVING TRANSACTIONS
RELATING TO THE AFORESAID PURCHASE ARRANGEMENT.
4. TO THE EXTENT THAT ANY INVOICE REQUESTS PAYMENT OF ADVANCES, AS
DISTINGUISHED FROM PAYMENT FO DELIVERY OF DEFENSE ITEMS OR REIMBURSEMENT
IN THE FORM OF PROGRESS PAYMENTS FOR WORK OR SERVICES PERFORMED, THE
SUPPLIER SHALL ATTACH TO THE INVOICE A STATEMENT SETTING FORTH THE
UNDERTAKING OF TH SUPPLIER THAT THE FULL AMOUNT OF THE ADVANCE WILL BE
MAINTAINED BY THE SUPPLIER IN A SEGREGATED ACCOUNT WHICH WILL BE APPLIED
SOLELY TO THE PERFORMANCE OF THE SUPPLIER'S OBLIGATIONS UNDER THE
PURCHASE ARRANGEMENT.
5. THE DESIGNATED REPRESENTATIVE OF THE GOVERNMENT OF VENEZUELA IN
WASHINGTON, D.C. SHALL FORWAR SUCH INVOICES TO THE COMPTROLLER, DEFENSE
SECURITY ASSISTANCE AGENCY, THE PENTAGON, WASHINGTON, D.C 20301.
6. EACH INVOICE SHALL BE ACCOMPANIED BY A CERTIFICATION OF THE
GOVERNMENT OF VENEZUELA AS FOLLOWS:
"THE GOVERNMENT OF VENEZUELA CONFIRMS (THAT THE DEFENSE ITEMS SET
FORTH HEREIN HAVE BEEN SATISFACTORILY RECEIVED BY OR FOR THE GOVERNMENT
OF VENEZUELA) (THAT THE WORK OR SERVICES FOR WHICH PROGRESS PAYMENTS ARE
REQUESTED HAVE BEEN SATISFACTORILY RENDERED) (THAT PAYMENT IS OTHERWISE
DUE) UNDER ITS PURCHASE ARRANGEMENT OF __________ FOR THE PURCHASE OF
DEFENSE ITEMS FROM SUPPLIER, AND CERTIFIES THAT THE BILL IS CORRECT AND
JUST AND THAT PAYMENT THEREFOR HAS NOT BEEN MADE. PAYMENT O THIS
INVOICE IS REQUESTED BY THE MINISTRY OF DEFENSE OF THE GOVERNMENT OF
VENEZUELA PURSUANT TO THE TERMS OF THE CREDIT AGREEMENT OF __________
BETWEEN THE MINISTRY OF DEFENSE OF THE GOVERNMENT OF VENEZUELA AND THE
GOVERNMENT OF THE UNITED STATES OF AMERICA. THE GOVERNMENT OF VENEZUELA
CONFIRMS THAT SAID PURCHASE ARRANGEMENT IS ONE OF THE PURCHASE
ARRANGEMENTS AUTHORIZED BY THE DEPARTMENT OF DEFENSE OF THE UNITED
STATES OF AMERICA PURSUANT TO THE AFORESAID CREDIT AGREEMENT OF
__________ AN FURTHER CONFIRMS THAT THE CUMULATIVE TOTAL OF THIS INVOICE
AND INVOICES
MODEL FORM
PROMISSORY NOTE
U.S. $__________, WASHINGTON, D.C.
FOR VALUE RECEIVED, THE UNDERSIGNED, THE GOVERNMENT OF __________
(HEREIN CALLED "__________" HEREBY PROMISES TO PAY TO THE ORDER OF THE
GOVERNMENT OF THE UNITED STATES OF AMERICA (HEREIN CALLE "UNITED
STATES") THE PRINCIPAL SUM OF __________ UNITED STATES DOLLARS (U.S.
$__________) AS FOLLOWS:
TOGETHER WITH INTEREST ON ANY AND ALL AMOUNTS REMAINING UNPAID
HEREUNDER FROM TIME TO TIME FROM THE DATE HEREOF UNTIL THIS NOTE SHALL
BE PAID IN FULL, PAYABLE ANNUALLY ON __________ OF EACH YEAR FROM DATE
HEREOF AT THE RATE OF _____ PERCENT PER ANNUM (_____%) USING A 365 DAY
FACTOR, BOTH PRINCIPAL AND INTEREST TO BE PAYABLE IN LAWFUL MONEY OF THE
UNITED STATES OF AMERICA AT THE U.S. ARMY FINANCE COMPTROLLER
INFORMATION SYSTEMS COMMAND, ATTN: MILITARY ASSISTANCE/SALES ACCOUNTING
DIVISION, 1000 INDEPENDENCE AVENUE, S.W., WASHINGTON, D.C. 20314. ALL
PAYMENTS MADE ON ACCOUNT OF THE PRINCIPAL AMOUNT REMAINING UNPAID
HEREUNDER SHALL BE ENDORSED BY THE HOLDER ON THE REVERSE SIDE OF THIS
NOTE.
WHENEVER ANY PAYMENT TO BE MADE SHALL BE DUE ON A SATURDAY, SUNDAY,
OR A PUBLIC HOLIDAY UNDER THE LAWS OF THE GOVERNMENT OF THE UNITED
STATES, SUCH PAYMENT MAY BE MADE ON THE NEXT SUCCEEDING BUSINESS DAY,
AND SUCH EXTENSION OF TIME SHALL IN SUCH CASE BE INCLUDED IN COMPUTING
INTEREST IN CONNECTION WITH SUCH PAYMENT BUT EXCLUDED FROM THE NEXT
INTEREST PERIOD.
THIS NOTE MAY BE PREPAID ON ANY INTEREST PAYMENT DATE. PREPAYMENTS
SHALL BE APPLIED TO THE INSTALLMENTS HEREOF IN THE REVERSE ORDER OF
THEIR MATURITY. ALL PAYMENTS OF PRINCIPAL AND INTEREST ON THIS NOTE ARE
PAYABLE IN LAWFUL MONEY OF THE UNITED STATES OF AMERICA AND IN
IMMEDIATELY AVAILABLE FUNDS, FREE AND CLEAR OF, AND WITHOUT DEDUCTION
FOR, ANY TAXES, LEVIES, IMPOSTS, DEDUCTIONS, AND WITHHOLDINGS WHATSOEVER
NOW OR HEREAFTER IMPOSED, LEVIED, COLLECTED OR ASSESSED WIT RESPECT
THERETO BY ANY CENTRAL OR LOCAL AUTHORITY OF __________ AND SHALL BE
PAID FREE FROM ALL RESTRICTIONS OF ANY CENTRAL OR LOCAL AUTHORITY OF
__________.
THE GOVERNMENT OF __________ AGREES TO PAY ALL OUT-OF-POCKET COSTS
AND EXPENSES IN CONNECTION WIT COLLECTION AFTER DEFAULT OF THIS NOTE
(INCLUDING THE REASONABLE FEES AND OUT-OF-POCKET EXPENSES OF COUNSEL) AS
WELL AS ALL STAMP AND SIMILAR TAXES, IF ANY, NOW OR HEREAFTER IN EFFECT,
AND TO SAVE TH HOLDER OF THE NOTE HARMLESS FROM ANY AND ALL LIABILITIES
WITH RESPECT TO OR RESULTING FROM ANY DELA OR OMISSION TO PAY SUCH
TAXES.
GOVERNMENT OF __________
BY (NAME TYPED)
(TITLE)
ANNEX C
PRINCIPAL REPAYMENT SCHEDULE
THE FIRST $1,500,000.00 OF DISBURSEMENTS ARE REPAYABLE ON 30 SEP 1975
THE SECOND $1,500,000.00 OF DISBURSEMENTS ARE REPAYABLE ON 30 SEP
1976
THE THIRD $1,500,000.00 OF DISBURSEMENTS ARE REPAYABLE ON 30 SEP 1977
THE FOURTH $1,500,000.00 OF DISBURSEMENTS ARE REPAYABLE ON 30 SEP
1978
THE FIFTH $1,500,000.00 OF DISBURSEMENTS ARE REPAYABLE ON 30 SEP 1979
TOTAL $7,500,000.00
NOTE: THE INTEREST PAYMENTS ARE NOT INCLUDED. THEY WILL BE PAID IN
ACCORDANCE WITH PARAGRAPH 6(A) OF THIS AGREEMENT.
UNITED KINGDOM 13 MAY 1974 FLITE DOCUMENT NO. 7502522
AGREEMENT
AGREEMENT ON CUSTOMS PRIVILEGES
AGREEMENT ON CUSTOMS PRIVILEGES BETWEEN HIS EXCELLENCY THE GOVERNOR
ON BEHALF OF THE GOVERNMENT O BERMUDA AND THE UNITED STATES CONSUL
GENERAL, HAMILTON, BERMUDA, ON BEHALF OF THE UNITED STATES AUTHORITIES.
WHEREAS IT IS EXPEDIENT TO RESTORE CERTAIN CUSTOMS PRIVILEGES UNDER
THE PROVISIONS OF THE UNITED STATES BASES (AGREEMENT) ACT 1952 TO
CERTAIN UNITED STATES CIVILIAN PERSONNEL EMPLOYED AT THE BASES WHO WERE
PREVIOUSLY ENTITLED TO ENJOY SUCH PRIVILEGES.
THE UNDERSIGNED HEREBY AGREE AS FOLLOWS: -
1. THE EXEMPTION FROM CUSTOMS DUTIES ON IMPORTATION OF GOODS FOR
SALE TO UNITED STATES EMPLOYEES OR MEMBERS OF THEIR FAMILIES IN
PURSUANCE OF THE PROVISIONS OF PARAGRAPH (C) OF SUBSECTION (1) OF
SECTION 19 OF THE UNITED STATES BASES (AGREEMENT) ACT 1952 SHALL APPLY
TO GOODS CONSIGNED TO THE UNITED STATES AUTHORITIES FOR SALE TO PERSONS
WHO ARE NATIONALS OF THE UNITED STATES WHO ARE PRESEN IN BERMUDA SOLELY
FOR THE PURPOSE OF EXECUTING CONTRACTS WITH THE GOVERNMENT OF THE UNITED
STATES O AMERICA FOR THE BENEFIT OF THE UNITED STATES FORCES AND TO
MEMBERS OF THE FAMILIES OF SUCH PERSONS WHO ARE RESIDENT WITH THEM AND
ARE NOT ENGAGED IN ANY BUSINESS OR GAINFUL OCCUPATION IN BERMUDA.
2. THE PRIVILEGES ACCORDED BY PARAGRAPH (1) SHALL HAVE EFFECT
SUBJECT TO THE FOLLOWING QUALIFICATIONS:
(A) A PERSON SHALL NOT BE ENTITLED TO CUSTOMS PRIVILEGES UNLESS THE
CONTRACT MENTIONED IN PARAGRAPH (1) SPECIFIES THAT CUSTOMS PRIVILEGES
ARE GRANTED THEREUNDER; AND
(B) A PERSON TO WHOM GOODS EXEMPT FROM CUSTOMS DUTIES ARE SOLD SHALL
BE SPECIFICALLY DESIGNATED AND IDENTIFIED BY THE GOVERNMENT OF THE
UNITED STATES OF AMERICA AS A PERSON ENTITLED TO RECEIVE CUSTOMS
PRIVILEGES IN PURSUANCE OF THIS AGREEMENT.
3. THIS AGREEMENT SHALL HAVE EFFECT AS FROM THE DATE ON WHICH THE
UNITED STATES BASES (CUSTOMS PRIVILEGES) REGULATIONS 1974 (A COPY OF THE
DRAFT OF WHICH IS ANNEXED HERETO) COME INTO OPERATION.
SIGNED IN HAMILTON IN DUPLICATE THIS 13TH DAY OF MAY 1974.
SIGNED
GOVERNOR AND COMMANDER-IN-CHIEF
ON BEHALF OF THE GOVERNMENT OF BERMUDA.
SIGNED UNITED STATES CONSUL GENERAL
ON BEHALF OF THE UNITED STATES AUTHORITIES.
THIS DOCUMENT IS A TRUE COPY OF THE ORIGINAL SIGNED BY CONSUL GENERAL
DONALD B. MCCUE
SIGNED
LILLIAN P. MULLIN
AMERICAN CONSUL
TURKEY 29 NOV 1974 FLITE DOCUMENT NO. 7502521
AGREEMENT
CREDIT AGREEMENT FOR THE PURCHASE OF DEFENSE ARTICLES.
CREDIT AGREEMENT, MADE AND ENTERED INTO THE 29TH DAY OF NOVEMBER,
1974, BETWEEN THE GOVERNMENT OF TURKEY, REPRESENTED BY ITS CHARGE
D'AFFAIRES, A.I., IN WASHINGTON, D.C., AND THE GOVERNMENT OF THE UNITED
STATES OF AMERICA, REPRESENTED BY THE DEPARTMENT OF DEFENSE OF THE
UNITED STATES OF AMERICA.
WITNESSETH
WHEREAS, THE GOVERNMENT OF TURKEY (HEREINAFTER SOMETIMES REFERRED TO
AS THE "BORROWER") DESIRES T ENTER OR HAS ENTERED INTO PURCHASE
CONTRACTS (HEREINAFTER REFERRED TO AS "PURCHASE ARRANGEMENTS") WITH THE
MILITARY DEPARTMENTS AND AGENCIES OF THE UNITED STATES DEPARTMENT OF
DEFENSE (HEREINAFTER REFERRED TO AS "DOD") AND/OR VARIOUS UNITED STATES
COMMERCIAL SUPPLIERS FOR THE PURCHASE OF DEFENSE ARTICLES AND SERVICES
OF UNITED STATES ORIGIN (HEREINAFTER COLLECTIVELY REFERRED TO AS
"DEFENSE ITEMS"); AND
WHEREAS, THE BORROWER HAS REQUESTED THE GOVERNMENT OF THE UNITED
STATES OF AMERICA (HEREINAFTER SOMETIMES REFERRED TO AS THE "LENDER") TO
FINANCE PAYMENTS REQUIRED TO BE MADE BY THE BORROWER UNDE THE PURCHASE
ARRANGEMENTS; AND
WHEREAS, THE AFORESAID REQUESTED CREDIT WILL FACILITATE THE PURPOSES
OF THE UNITED STATES FOREIGN MILITARY SALES ACT, AS AMENDED;
NOW THEREFORE, IN CONSIDERATION OF THE PREMISE AND THE MUTUAL
COVENANTS HEREINAFTER SET FORTH, AN IN IMPLEMENTATION OF, AND SUBJECT TO
THE PROVISIONS OF THE MUTUAL DEFENSE ASSISTANCE AGREEMENT BETWEEN THE
GOVERNMENT OF TURKEY AND THE GOVERNMENT OF THE UNITED STATES OF AMERICA,
DATED 12 JULY 1947, THE PARTIES HERETO AGREE AS FOLLOWS:
1. SUBJECT TO THE TERMS AND CONDITIONS HEREOF, THE LENDER AGREES TO
MAKE LOANS TO THE BORROWER FROM TIME TO TIME IN AN AGGREGATE PRINCIPAL
AMOUNT UP TO BUT NOT EXCEEDING $40,000,000 (HEREINAFTER CALLED THE
"COMMITMENT").
2. THE AFORESAID COMMITMENT SHALL BE AVAILABLE ONLY TO FINANCE THE
PURCHASE OF DEFENSE ITEMS BY THE BORROWER PURSUANT TO PURCHASE
ARRANGEMENTS AUTHORIZED FOR SUCH FINANCING BY DOD WHICH ARE ENTERED INTO
BY THE BORROWER ON OR BEFORE 1 JANUARY, 1976. EACH AUTHORIZATION FOR
THE BORROWER TO ENTER INTO A PURCHASE ARRANGEMENT IN IMPLEMENTATION OF
THIS CREDIT AGREEMENT SHALL BE SEPARATELY COMMUNICATED BY DOD IN WRITING
TO THE BORROWER, WHICH AUTHORIZATION SHALL SPECIFY THE DEFENSE ITEMS AND
THE AMOUNT OF CREDIT AUTHORIZED FOR THE PURCHASE ARRANGEMENT. THE
BORROWER SHALL INCORPORATE INTO EACH SUCH PURCHASE ARRANGEMENT WITH
COMMERCIAL SUPPLIERS THE PROVISIONS OF ANNEX A HERETO AND ATTACH AS AN
EXHIBIT TO THE PURCHASE ARRANGEMENT A TRUE COPY OF THE APPLICABLE
AFORESAID AUTHORIZATION AND OF PARAGRAPH 9 OF THIS CREDIT AGREEMENT.
3. EACH LOAN HEREUNDER BY THE LENDER SHALL BE MADE IN ACCORDANCE
WITH THE FOLLOWING PROCEDURES:
(A) EACH LOAN SHALL BE MADE ON SUCH DATE (HEREINAFTER REFERRED TO AS
A "DISBURSEMENT DATE") AS MAY BE DESIGNATED BY THE BORROWER FROM TIME TO
TIME UPON TEN (10) DAYS WRITTEN NOTICE BY THE BORROWER TO THE LENDER.
(B) EACH NOTICE SHALL SPECIFY THE AMOUNT OF THE LOAN TO BE MADE BY
THE LENDER ON THE DISBURSEMEN DATE, AND SHALL SPECIFY THE SUPPLIER OR
SUPPLIERS (INCLUDING THE MILITARY DEPARTMENTS OR AGENCIES O DOD) TO WHOM
THE DISBURSEMENT IS TO BE REMITTED BY THE LENDER.
(C) EACH NOTICE SHALL BE PREPARED IN QUADRUPLICATE ON U.S. STANDARD
FORM 1034 AND SHALL BE SENT TO THE COMPTROLLER, DEFENSE SECURITY
ASSISTANCE AGENCY, THE PENTAGON, WASHINGTON, D.C. 20301.
(D) IN THE CASE OF DISBURSEMENTS REQUESTED TO BE MADE TO COMMERCIAL
SUPPLIERS, THE INVOICES SHAL BE PREPARED IN ACCORDANCE WITH THE
PROCEDURE SET FORTH IN ANNEX A HERETO.
(E) IN THE CASE OF DISBURSEMENTS REQUESTED TO BE MADE TO THE MILITARY
DEPARTMENTS AND AGENCIES O DOD, THE NOTICES SHALL HAVE ANNEXED THERETO
COPIES OF THE PAYMENT REQUEST RECEIVED BY THE BORROWER FROM SUCH
MILITARY DEPARTMENT OR AGENCY AGAINST WHICH DISBURSEMENT IS REQUESTED.
(F) WITH EACH NOTICE, THE BORROWER SHALL CONCURRENTLY TRANSMIT TO THE
LENDER AT THE ADDRESS SET FORTH IN SUBPARAGRAPH (C) ABOVE OF THIS
PARAGRAPH A PROMISSORY NOTE SUBSTANTIALLY IN THE FORM OF ANNEX B HERETO
(WITH THE BLANKS APPROPRIATELY FILLED IN) RECITING THE OBLIGATION OF THE
BORROWER TO REPAY THE AMOUNT OF SUCH LOAN WITH INTEREST THEREON AS
HEREINAFTER SET FORTH. (THE PROMISSORY NOTE HEREINABOVE REFERRED TO ARE
HEREINAFTER CALLED THE "NOTES" AND INDIVIDUALLY A "NOTE").
4.(A) ALL OCEAN TRANSPORTATION OF THE DEFENSE ARTICLES SHALL BE ON
VESSELS OF UNITED STATES REGISTRY. THE GOVERNMENT OF THE UNITED STATES
WILL GIVE SYMPATHETIC CONSIDERATION ON A CASE-BY-CAS BASIS TO REQUESTS
BY THE BORROWER JUSTIFYING SHIPMENT ON VESSELS OF THE REGISTRY OF THE
BORROWER. CONSIDERATION WILL BE GIVEN TO SECURITY REQUIREMENTS OF THE
BORROWER TO ASSURE SAFE ARRIVAL.
(B) THE BORROWER OR ITS COMMERCIAL SUPPLIERS SHALL BE RESPONSIBLE FOR
OBTAINING SUCH EXPORT LICENSES AS MAY BE NECESSARY FOR DEFENSE ITEMS
FINANCED HEREUNDER.
5. THIS AGREEMENT EVIDENCES THE LEGAL AND BINDING OBLIGATION OF THE
BORROWER TO MAKE REPAYMENTS TO THE LENDER FOR DISBURSEMENTS MADE BY THE
LENDER IN ACCORDANCE WITH THE TERMS HEREOF. THE LENDER MAY SELL OR
ASSIGN, IN WHOLE OR IN PART, ITS RIGHTS TO SAID REPAYMENTS AND MAY, WITH
RESPECT TO SUC SALE OR ASSIGNMENT, GUARANTEE PAYMENT OF THE SAME.
6.(A) THE BORROWER SHALL REPAY THE DISBURSEMENTS MADE BY THE LENDER
IN ACCORDANCE WITH THE PRINCIPAL REPAYMENT SCHEDULE SET FORTH IN ANNEX C
HERETO, AND SHALL PAY INTEREST SEMIANNUALLY ON 1 JANUARY AND 1 JULY
COMMENCING 1 JANUARY 1975, AT THE RATE OF FOUR AND SEVEN EIGHTS PERCENT
(4 7/8%) PER ANNUM, USING A 365 DAY FACTOR, ON THE AMOUNT BY WHICH FROM
TIME TO TIME CUMULATIVE DISBURSEMENT EXCEED CUMULATIVE REPAYMENTS OF
PRINCIPAL.
(B) IF ON ANY INSTALLMENT REPAYMENT DATE SET FORTH IN THE PRINCIPAL
REPAYMENT SCHEDULE THE BORROWER SHALL NOT HAVE AVAILED ITSELF OF THE
COMMITMENT OF THE LENDER IN AN AGGREGATE AMOUNT (LESS REPAYMENTS
PREVIOUSLY MADE) EQUAL TO THE AGGREGATE INSTALLMENT OF PRINCIPAL WHICH
IS REPAYABLE ON SUCH DATE TO THE LENDER, THE BORROWER SHALL, ON SUCH
INSTALLMENT DATE, REPAY TO THE LENDER THE FULL AMOUNT (LESS REPAYMENTS
PREVIOUSLY MADE) TO WHICH IT HAS AVAILED ITSELF OF THE COMMITMENT OF THE
LENDER TO SUCH DATE, TOGETHER WITH THE INTEREST ACCRUED THEREON. IF AT
ANY TIME THEREAFTER THE BORROWER SHALL AVAIL ITSELF OF THE COMMITMENT OF
THE LENDER IN AN AMOUNT WHICH WOULD HAVE BEEN PAYABLE ON A PRIOR
INSTALLMENT REPAYMENT DATE BUT FOR THE PROVISIONS OF THE IMMEDIATELY
PRECEDING SENTENCE, SUCH AMOUNT, TOGETHER WITH THE INTEREST ACCRUED
THEREON, SHALL BE REPAYABLE ON THE NEXT SUCCEEDING INSTALLMENT DATE OF
THE PRINCIPAL REPAYMENT SCHEDULE OCCURRING AFTER THE DISBURSEMENT OF
SUCH AMOUNT AND THE SAID AGGREGATE INSTALLMENT OF PRINCIPAL REPAYABLE
UNDER THE PRINCIPAL REPAYMENT SCHEDULE TO THE LENDER ON THAT DATE SHALL
BE INCREASED BY SUCH AMOUNT.
(C) IF BY THE DATE SPECIFIED IN PARAGRAPH 2 ABOVE, THE BORROWER SHALL
NOT HAVE ENTERED INTO AUTHORIZED PURCHASE ARRANGEMENTS IN AN AGGREGATE
AMOUNT EQUAL TO THE ENTIRE AMOUNT OF THE COMMITMENT, THE INSTALLMENTS OF
PRINCIPAL REPAYABLE TO THE LENDER SET FORTH IN THE PRINCIPAL REPAYMENT
SCHEDULE SHALL BE REDUCED IN THE INVERSE ORDER OF THE MATURITY THEREOF
TO THE EXTENT OF THE UNUSED BALANCE OF THE COMMITMENT.
(D) WHENEVER ANY REPAYMENT TO BE MADE BY THE BORROWER SHALL BE DUE ON
A SATURDAY, SUNDAY, OR PUBLIC HOLIDAY UNDER THE LAWS OF THE LENDER, SUCH
REPAYMENT MAY BE MADE ON THE NEXT SUCCEEDING BUSINESS DAY, AND SUCH
EXTENSION OF TIME SHALL IN SUCH CASE BE INCLUDED IN COMPUTING INTEREST
IN CONNECTION WITH SUCH REPAYMENT BUT EXCLUDED FROM THE NEXT INTEREST
PERIOD.
(E) THE BORROWER MAY PREPAY THE CREDIT EXTENDED UNDER THIS AGREEMENT
IN PART OR IN FULL ON ANY INTEREST PAYMENT DATE WITHOUT PENALTY OR
PREMIUM, BUT SUCH PREPAYMENT MUST BE ACCOMPANIED BY PAYMEN OF INTEREST
ON THE AMOUNT PREPAID TO THE DATE OF PREPAYMENT AND MUST BE APPLIED TO
THE SATISFACTION OF INSTALLMENTS OF PRINCIPAL REPAYMENTS IN THE INVERSE
ORDER OF THEIR MATURITIES.
(F) ALL REPAYMENTS BY THE BORROWER ON ACCOUNT OF PRINCIPAL OR
INTEREST SHALL BE IN LAWFUL MONEY OF THE UNITED STATES OF AMERICA AND IN
IMMEDIATELY AVAILABLE FUNDS, FREE AND CLEAR OF, AND WITHOUT DEDUCTION
FOR, ANY AND ALL TAXES, LEVIES, IMPOSTS, DEDUCTIONS AND WITHHOLDINGS
WHATSOEVER IMPOSED, LEVIED, COLLECTED OR ASSESSED WITH RESPECT THERETO
BY ANY CENTRAL OR LOCAL AUTHORITY OF THE GOVERNMENT OF TURKEY.
7.(A) THE NOTES SHALL BE FURTHER EVIDENCE OF THE OBLIGATION OF THE
BORROWER TO REPAY THE LOANS MADE HEREUNDER. EACH NOTE SHALL BE DATED
THE PARTICULAR DISBURSEMENT DATE OF THE LOAN WHICH SUCH NOTE EVIDENCES,
SHALL BE PAYABLE TO THE ORDER OF THE GOVERNMENT OF THE UNITED STATES IN
THE PRINCIPAL AMOUNT OF SUCH DISBURSEMENT, AND SHALL BEAR INTEREST ON
THE UNPAID PRINCIPAL AMOUNT THEREOF AS PROVIDED IN PARAGRAPH 6(A).
(B) THE NOTES SHALL BE COMPLETED BY THE BORROWER IN SUCH A MANNER
THAT REPAYMENT OF SUCH LOANS SHALL BE MADE IN THE ORDER OF THEIR
DISBURSEMENT, UTILIZING THE PRINCIPAL REPAYMENT SCHEDULE SET FORTH IN
ANNEX C (AS THE SAME MAY BE ADJUSTED IN ACCORDANCE WITH PARAGRAPHS 6(B)
AND (C) HEREOF), AND, IN DETERMINING WHETHER A PARTICULAR LOAN IS
REPAYABLE IN ONE OR MORE INSTALLMENTS, UTILIZING A PARTICULAR
INSTALLMENT PAYMENT DATE ONLY AFTER THE FULL UTILIZATION OF THE NEXT
PRECEDING INSTALLMENT DATE.
(C) EACH NOTE SHALL BE SIGNED ON BEHALF OF THE BORROWER BY THE ARMED
FORCES ATTACHE, EMBASSY OF THE REPUBLIC OF TURKEY, IN WASHINGTON, D.C.
8.(A) THE BORROWER REPRESENTS AND WARRANTS THAT THE MAKING AND
PERFORMANCE OF THIS AGREEMENT HAV BEEN DULY AUTHORIZED IN ACCORDANCE
WITH THE LAWS OF THE GOVERNMENT OF TURKEY AND SHALL FURNISH TO THE
LENDER UPON REQUEST EVIDENCE, SATISFACTORY TO THE LENDER, OF THE
AUTHORITY OF THE PERSON OR PERSONS WHO HAVE SIGNED THIS AGREEMENT ON
BEHALF OF THE BORROWER AND OF THE PERSON OR PERSONS WHO WILL SIGN THE
NOTES PROVIDED FOR HEREIN ON BEHALF OF THE BORROWER, TOGETHER WITH THE
AUTHENTICATED SPECIMEN SIGNATURE, IN DUPLICATE, OF EACH OF THE LATTER.
(B) THIS AGREEMENT SHALL INURE TO THE BENEFIT OF THE HOLDERS OF THE
NOTES, THEIR RESPECTIVE SUCCESSORS AND ASSIGNS. THIS AGREEMENT AND THE
NOTES SHALL BE DEEMED TO BE CONTRACTS UNDER THE LAW OF THE DISTRICT OF
COLUMBIA AND FOR ALL PURPOSES SHALL BE CONSTRUED IN ACCORDANCE WITH SAID
LAW. THE BORROWER AGREES THAT JURISDICTION MAY BE TAKEN BY COURTS IN
THE DISTRICT OF COLUMBIA WITH RESPECT TO MATTERS INVOLVING ANY NOTE,
PROVIDED SUCH NOTE IS HELD BY AN INDIVIDUAL, PARTNERSHIP, CORPORATION,
OR OTHER PRIVATE LEGAL ENTITY.
(C) THE BORROWER SHALL IN ALL CASES PAY WHEN AND AS DUE THE PRINCIPAL
OF AND INTEREST ON ALL NOTES ISSUED HEREUNDER, NOTWITHSTANDING ANY
CLAIMS WHICH THE BORROWER MAY NOW OR HEREAFTER HAVE AGAINST ANY SUPPLIER
OF THE DEFENSE ITEMS, DOD, THE LENDER, OR ANY OTHER PERSON OR ENTITY IN
CONNECTION WITH ANY OTHER TRANSACTION, FOR ANY REASON WHATSOEVER.
9. UPON THE OCCURRENCE OF ANY OF THE FOLLOWING EVENTS OF DEFAULT:
(A) IF THE BORROWER FAILS FOR A PERIOD OF TEN (10) DAYS TO MAKE ANY
PAYMENT OF PRINCIPAL OF, OR INTEREST ON, ANY NOTE WHEN DUE;
(B) IF ANY REPRESENTATION OR WARRANTY MADE BY THE BORROWER HEREIN OR
ANY CERTIFICATE FURNISHED B THE BORROWER PURSUANT HERETO PROVES TO BE AT
ANY TIME INCORRECT IN ANY MATERIAL RESPECT; OR
(C) IF THE BORROWER DEFAULTS IN THE PERFORMANCE OF ANY OTHER TERM,
COVENANT OR UNDERTAKING CONTAINED IN THIS CREDIT AGREEMENT, AND SUCH
DEFAULT SHALL CONTINUE UNREMEDIED FOR 30 DAYS AFTER WRITTEN NOTIFICATION
THEREOF SHALL HAVE BEEN GIVEN TO THE BORROWER BY THE LENDER;
THEN, AND IN ANY SUCH EVENT, THE HOLDER OF ANY NOTE MAY DECLARE
IMMEDIATELY DUE AND PAYABLE THE UNPAID PRINCIPAL OF, AND ACCRUED
INTEREST ON, ANY OR ALL NOTES HELD BY SUCH HOLDER AND SUCH AMOUNTS SHALL
BECOME IMMEDIATELY DUE AND PAYABLE WITHOUT PROTEST, PRESENTMENT, NOTICE
OR OTHER DEMAND OF AN KIND, ALL OF WHICH ARE HEREBY EXPRESSLY WAIVED BY
THE BORROWER, AND THE LENDER MAY TERMINATE ITS COMMITMENT HEREUNDER.
10. ALL COMMUNICATIONS AND OTHER DOCUMENTS REQUIRED OR PERMITTED
HEREUNDER, UNLESS SUBMITTED IN THE ENGLISH LANGUAGE, SHALL BE
ACCOMPANIED BY ONE ENGLISH TRANSLATION FOR EACH COPY OF SUCH DOCUMENTS
TO BE FURNISHED AND, IN THE EVENT OF CONFLICT, THE ENGLISH VERSION SHALL
GOVERN. EXCEPT AS OTHERWISE PROVIDED HEREIN, ALL NOTICES, REQUESTS OR
DEMANDS HEREUNDER SHALL BE DEEMED TO HAVE BEEN GIVEN OR MADE UPON THE
MAILING OF THE SAME, POSTAGE PRE-PAID, OR IN THE CASE OF TELEGRAPHIC
NOTICE, ON DELIVERY TO THE TELEGRAPHIC COMPANY, ADDRESSED IN THE CASE OF
THE BORROWER, TO THE EMBASSY OF THE REPUBLIC OF TURKEY, 2202
MASSACHUSETTS AVENUE, N.W., WASHINGTON, D.C. 20008 AND IN THE CASE OF
THE LENDER TO THE DIRECTOR, DEFENSE SECURITY ASSISTANCE AGENCY, THE
PENTAGON, WASHINGTON, D.C. 20301.
11. THIS AGREEMENT MAY BE EXECUTED IN ANY NUMBER OF COUNTERPARTS AND
BY THE PARTIES HERETO ON SEPARATE COUNTERPARTS, EACH OF WHICH SHALL BE
DEEMED AN ORIGINAL BUT ALL SUCH COUNTERPARTS TO CONSTITUTE ONE AND THE
SAME INSTRUMENT.
12. ANNEXES A THROUGH C ATTACHED HERETO ARE, BY THIS REFERENCE, MADE
A PART OF THIS AGREEMENT.
IN WITNESS WHEREOF, THE PARTIES HERETO HAVE DULY EXECUTED THIS
AGREEMENT THE 29TH DAY OF NOVEMBER 1974.
GOVERNMENT OF TURKEY
SIGNED
BY A. YEGEN
CHARGE D'AFFAIRES, A.I.
TURKISH EMBASSY
GOVERNMENT OF THE UNITED STATES OF AMERICA
SIGNED
BY H.M. FISH
LIEUTENANT GENERAL, USAF
DIRECTOR
DEFENSE SECURITY ASSISTANCE AGENCY
ANNEX A AND A2
PAYMENT PROCEDURES
THE FOLLOWING PROCEDURES AND CONDITIONS SHALL BE ADHERED TO PRIOR TO
EACH DISBURSEMENT TO BE MADE BY THE GOVERNMENT OF THE UNITED STATES FOR
THE ACCOUNT OF THE GOVERNMENT OF TURKEY.
1. THE SUPPLIER SHALL PREPARE AND SUBMIT TO THE DESIGNATED
REPRESENTATIVES OF THE GOVERNMENT OF TURKEY IN WASHINGTON, D.C. INVOICES
ON U.S. STANDARD FORM 1034 IN SUFFICIENT NUMBER OF COPIES TO PERMIT THE
FORWARDING OF FOUR COPIES TO THE DISBURSING OFFICER DESIGNATED IN
PARAGRAPH 5 BELOW.
2. THE SUPPLIER SHALL INSURE THAT EACH INVOICE IS IN ACCORDANCE WITH
RELEVANT PROVISIONS OF ITS PURCHASE ARRANGEMENT WITH THE GOVERNMENT OF
TURKEY.
3. THE SUPPLIER SHALL ATTACH TO EACH INVOICE A STATEMENT THAT
AUTHORIZED REPRESENTATIVES OF THE GOVERNMENT OF THE UNITED STATES SHALL,
UNTIL THE EXPIRATION OF THREE YEARS AFTER FINAL PAYMENT HEREUNDER, HAVE
ACCESS TO AND THE RIGHT TO EXAMINE ANY DIRECTLY RELATED PERTINENT BOOKS,
DOCUMENTS, PAPERS AND RECORDS OF THE SUPPLIER INVOLVING TRANSACTIONS
RELATING TO THE AFORESAID PURCHASE ARRANGEMENT.
4. TO THE EXTENT THAT ANY INVOICE REQUESTS PAYMENT OF ADVANCES, AS
DISTINGUISHED FROM PAYMENT FO DELIVERY OF DEFENSE ITEMS OR REIMBURSEMENT
IN THE FORM OF PROGRESS PAYMENTS FOR WORK OR SERVICES PERFORMED, THE
SUPPLIER SHALL ATTACH TO THE INVOICE A STATEMENT SETTING FORTH THE
UNDERTAKING OF TH SUPPLIER THAT THE FULL AMOUNT OF THE ADVANCE WILL BE
MAINTAINED BY THE SUPPLIER IN A SEGREGATED ACCOUNT WHICH WILL BE APPLIED
SOLELY TO THE PERFORMANCE OF THE SUPPLIER'S OBLIGATIONS UNDER THE
PURCHASE ARRANGEMENT.
5. THE DESIGNATED REPRESENTATIVE OF THE GOVERNMENT OF TURKEY IN
WASHINGTON, D.C. SHALL FORWARD SUCH INVOICES TO THE COMPTROLLER, DEFENSE
SECURITY ASSISTANCE AGENCY, THE PENTAGON, WASHINGTON, D.C 20301.
6. EACH INVOICE SHALL BE ACCOMPANIED BY A CERTIFICATION OF THE
GOVERNMENT OF TURKEY AS FOLLOWS:
"THE GOVERNMENT OF TURKEY CONFIRMS (THAT THE DEFENSE ITEMS SET FORTH
HEREIN HAVE BEEN SATISFACTORILY RECEIVED BY OR FOR THE GOVERNMENT OF
TURKEY) (THAT THE WORK OR SERVICES FOR WHICH PROGRESS PAYMENTS ARE
REQUESTED HAVE BEEN SATISFACTORILY RENDERED) (THAT PAYMENT IS OTHERWISE
DUE) UNDER ITS PURCHASE ARRANGEMENT OF __________ FOR THE PURCHASE OF
DEFENSE ITEMS FROM SUPPLIER, AND CERTIFIES THAT THE BILL IS CORRECT AND
JUST AND THAT PAYMENT THEREFOR HAS NOT BEEN MADE. PAYMENT O THIS
INVOICE IS REQUESTED BY THE MINISTRY OF DEFENSE OF THE GOVERNMENT OF
TURKEY PURSUANT TO THE TERMS OF THE CREDIT AGREEMENT OF __________
BETWEEN THE GOVERNMENT OF TURKEY AND THE GOVERNMENT OF THE UNITED STATES
OF AMERICA. THE GOVERNMENT OF TURKEY CONFIRMS THAT SAID PURCHASE
ARRANGEMENT IS ONE OF THE PURCHASE ARRANGEMENTS AUTHORIZED BY THE
DEPARTMENT OF DEFENSE OF THE UNITED STATES OF AMERICA PURSUANT TO THE
AFORESAID CREDIT AGREEMENT OF __________ AND FURTHER CONFIRMS THAT THE
CUMULATIVE TOTAL OF THIS INVOICE AND INVOICES PREVIOUSLY PAID BY THE
GOVERNMENT OF THE UNITED STATE AGAINST SAID PURCHASE ARRANGEMENT DOES
NOT EXCEED THE AGGREGATE CREDIT CEILING ESTABLISHED BY THE GOVERNMENT OF
THE UNITED STATES FOR THE SAID PURCHASE ARRANGEMENT.
GOVERNMENT OF TURKEY
BY (NAME TYPED)
ANNEX B AND B2
PROMISSORY NOTE
U.S. $__________, WASHINGTON, D.C.
FOR VALUE RECEIVED, THE UNDERSIGNED, THE GOVERNMENT OF TURKEY (HEREIN
CALLED "TURKEY"), HEREBY PROMISES TO PAY TO THE ORDER OF THE GOVERNMENT
OF THE UNITED STATES OF AMERICA (HEREIN CALLED "UNITED STATES") THE
PRINCIPAL SUM OF __________ UNITED STATES DOLLARS (U.S. $__________) AS
FOLLOWS:
TOGETHER WITH INTEREST ON ANY AND ALL AMOUNTS REMAINING UNPAID
HEREUNDER FROM TIME TO TIME FROM THE DATE HEREOF UNTIL THIS NOTE SHALL
BE PAID IN FULL, PAYABLE SEMIANNUALLY ON 1 JANUARY AND 1 JULY OF EACH
YEAR FROM DATE HEREOF AT THE RATE OF 4 7/8 PERCENT PER ANNUM (4 7/8%)
USING A 365 DAY FACTOR, BOTH PRINCIPAL AND INTEREST TO BE PAYABLE IN
LAWFUL MONEY OF THE UNITED STATES OF AMERICA T THE COMPTROLLER, DEFENSE
SECURITY ASSISTANCE AGENCY, ATTENTION: FINANCE AND ACCOUNTING DIVISION,
THE PENTAGON, WASHINGTON, D.C. 20301. ALL PAYMENTS MADE ON ACCOUNT OF
THE PRINCIPAL AMOUNT REMAINING UNPAID HEREUNDER SHALL BE ENDORSED BY THE
HOLDER ON THE REVERSE SIDE OF THIS NOTE.
WHENEVER ANY PAYMENT TO BE MADE SHALL BE DUE ON A SATURDAY, SUNDAY OR
A PUBLIC HOLIDAY UNDER THE LAWS OF THE GOVERNMENT OF THE UNITED STATES,
SUCH PAYMENT MAY BE MADE ON THE NEXT SUCCEEDING BUSINESS DAY, AND SUCH
EXTENSION OF TIME SHALL IN SUCH CASE BE INCLUDED IN COMPUTING INTEREST
IN CONNECTION WITH SUCH PAYMENT BUT EXCLUDED FROM THE NEXT INTEREST
PERIOD.
THIS NOTE MAY BE PREPAID ON ANY INTEREST PAYMENT DATE. PREPAYMENTS
SHALL BE APPLIED TO THE INSTALLMENTS HEREOF IN THE REVERSE ORDER OF
THEIR MATURITY. ALL PAYMENTS OF PRINCIPAL AND INTEREST ON THIS NOTE ARE
PAYABLE IN LAWFUL MONEY OF THE UNITED STATES OF AMERICA AND IN
IMMEDIATELY AVAILABLE FUNDS, FREE AND CLEAR OF, AND WITHOUT DEDUCTION
FOR, ANY TAXES, LEVIES, IMPOSTS, DEDUCTIONS AND WITHHOLDINGS WHATSOEVER
NOW OR HEREAFTER IMPOSED, LEVIED, COLLECTED OR ASSESSED WITH RESPECT
THERETO BY ANY CENTRAL OR LOCAL AUTHORITY OF THE GOVERNMENT OF TURKEY
AND SHALL BE PAID FRE FROM ALL RESTRICTIONS OF ANY CENTRAL OR LOCAL
AUTHORITY OF THE GOVERNMENT OF TURKEY.
THE GOVERNMENT OF TURKEY AGREES TO PAY ALL OUT-OF-POCKET COSTS AND
EXPENSES IN CONNECTION WITH COLLECTION AFTER DEFAULT OF THIS NOTE
(INCLUDING THE REASONABLE FEES AND OUT-OF-POCKET EXPENSES OF COUNSEL) AS
WELL AS ALL STAMP AND SIMILAR TAXES, IF ANY, NOW OR HEREAFTER IN EFFECT,
AND TO SAVE TH HOLDER OF THE NOTE HARMLESS FROM ANY AND ALL LIABILITIES
WITH RESPECT TO OR RESULTING FROM ANY DELA OR OMISSION TO PAY SUCH
TAXES.
GOVERNMENT OF TURKEY
BY (NAME TYPED)
(TITLE)
ANNEX C
PRINCIPAL REPAYMENT SCHEDULE
THE FIRST $2,500,000 OF DISBURSEMENTS ARE REPAYABLE ON 1 JULY 1976
THE NEXT $2,500,000 OF DISBURSEMENTS ARE REPAYABLE ON 1 JANUARY 1977
THE NEXT $2,500,000 OF DISBURSEMENTS ARE REPAYABLE ON 1 JULY 1977
THE NEXT $2,500,000 OF DISBURSEMENTS ARE REPAYABLE ON 1 JANUARY 1978
THE NEXT $2,500,000 OF DISBURSEMENTS ARE REPAYABLE ON 1 JULY 1978
THE NEXT $2,500,000 OF DISBURSEMENTS ARE REPAYABLE ON 1 JANUARY 1979
THE NEXT $2,500,000 OF DISBURSEMENTS ARE REPAYABLE ON 1 JULY 1979
THE NEXT $2,500,000 OF DISBURSEMENTS ARE REPAYABLE ON 1 JANUARY 1980
THE NEXT $2,500,000 OF DISBURSEMENTS ARE REPAYABLE ON 1 JULY 1980
THE NEXT $2,500,000 OF DISBURSEMENTS ARE REPAYABLE ON 1 JANUARY 1981
THE NEXT $2,500,000 OF DISBURSEMENTS ARE REPAYABLE ON 1 JULY 1981
THE NEXT $2,500,000 OF DISBURSEMENTS ARE REPAYABLE ON 1 JANUARY 1982
THE NEXT $2,500,000 OF DISBURSEMENTS ARE REPAYABLE ON 1 JULY 1982
THE NEXT $2,500,000 OF DISBURSEMENTS ARE REPAYABLE ON 1 JANUARY 1983
THE NEXT $2,500,000 OF DISBURSEMENTS ARE REPAYABLE ON 1 JULY 1983
THE LAST $2,500,000 OF DISBURSEMENTS ARE REPAYABLE ON 1 JANUARY 1984
TURKEY 28 FEB 1974 FLITE DOCUMENT NO. 7502520
AGREEMENT
GOVERNMENT OF TURKEY, WILL UTILIZE THE CREDITS EXTENDED ONLY FOR THE
PURCHASE OF (40 F-4E'S, INCLUDING SUPPORT, SPARES AND TRAINING) PER
CREDIT AGREEMENT OF 28 FEBRUARY 1974
DEFENSE SECURITY ASSISTANCE AGENCY
WASHINGTON, D.C. 20301
HIS EXCELLENCY MELIH ESENBEL
AMBASSADOR TO THE UNITED STATES
EMBASSY OF THE REPUBLIC OF TURKEY
WASHINGTON, D.C.
DEAR MR. AMBASSADOR:
IN IMPLEMENTATION OF THE CREDIT AGREEMENT ENTERED INTO BY OUR TWO
GOVERNMENTS ON 28 FEBRUARY 1974 IT IS AGREED THAT THE GOVERNMENT OF
TURKEY, WILL UTILIZE THE CREDITS EXTENDED THEREUNDER ONLY FOR THE
PURCHASE OF THE FOLLOWING DEFENSE ARTICLES AND DEFENSE SERVICES:
ITEM
40 F-4E'S, INCLUDING SUPPORT, SPARES AND TRAINING.
THIS LIST MAY BE REVISED FROM TIME TO TIME BY MUTUAL AGREEMENT IN
WRITING. KINDLY INDICATE YOUR AGREEMENT TO THIS LIST BY SIGNING BELOW
IN THE SPACE INDICATED AND RETURNING THE DUPLICATE COPY OF THIS LETTER
TO THE DIRECTOR, DEFENSE SECURITY ASSISTANCE AGENCY, THE PENTAGON,
WASHINGTON, D.C. 20301.
VERY TRULY YOURS,
SIGNED
RICHARD R. VIOLETTE
DEFENSE SECURITY ASSISTANCE AGENCY
AGREED:
FOR THE GOVERNMENT OF TURKEY
BY SIGNED
MELIH ESENBEL
AMBASSADOR TO THE UNITED STATES
TURKEY 28 FEB 1974 FLITE DOCUMENT NO. 7502519
CREDIT AGREEMENT
CREDIT AGREEMENT FOR THE PURCHASE OF DEFENSE ARTICLES AND SERVICES
ANNEX A, A2 THRU A12
CREDIT AGREEMENT, MADE AND ENTERED INTO THE 28TH DAY OF FEBRUARY,
1974, BETWEEN THE GOVERNMENT OF TURKEY, REPRESENTED BY ITS AMBASSADOR TO
THE UNITED STATES, AND THE GOVERNMENT OF THE UNITED STATES OF AMERICA,
REPRESENTED BY THE DEPARTMENT OF DEFENSE OF THE UNITED STATES OF
AMERICA.
WITNESSETH
WHEREAS, THE GOVERNMENT OF TURKEY (HEREINAFTER SOMETIMES REFERRED TO
AS THE "BORROWER") DESIRES T ENTER, OR HAS ENTERED INTO PURCHASE
CONTRACTS (HEREINAFTER REFERRED TO AS "PURCHASE ARRANGEMENTS") WITH THE
MILITARY DEPARTMENTS AND AGENCIES OF THE UNITED STATES DEPARTMENT OF
DEFENSE (HEREINAFTER REFERRED TO AS "DOD") AND/OR VARIOUS UNITED STATES
COMMERCIAL SUPPLIERS FOR THE PURCHASE OF DEFENSE ARTICLES AND DEFENSE
SERVICES OF UNITED STATES ORIGIN (HEREINAFTER COLLECTIVELY REFERRED TO
AS "DEFENSE ITEMS"); AND
WHEREAS, THE BORROWER HAS REQUESTED THE GOVERNMENT OF THE UNITED
STATES OF AMERICA (HEREINAFTER SOMETIMES REFERRED TO AS THE "LENDER") TO
FINANCE PAYMENTS REQUIRED TO BE MADE BY THE BORROWER UNDE THE PURCHASE
ARRANGEMENTS; AND
WHEREAS, THE AFORESAID REQUESTED CREDIT WILL FACILITATE THE PURPOSES
OF THE UNITED STATES FOREIGN MILITARY SALES ACT, AS AMENDED;
WHEREAS, THE BORROWER AND THE LENDER ENTERED INTO AN INTERIM CREDIT
AGREEMENT ON __________;
NOW THEREFORE, IN CONSIDERATION OF THE PREMISES AND THE MUTUAL
COVENANTS HEREINAFTER SET FORTH, AND IN IMPLEMENTATION OF, AND SUBJECT
TO THE PROVISIONS OF THE MUTUAL DEFENSE ASSISTANCE AGREEMENT BETWEEN THE
GOVERNMENT OF TURKEY AND THE GOVERNMENT OF THE UNITED STATES OF AMERICA,
DATED 12 JULY 1947, THE PARTIES HERETO AGREE AS FOLLOWS:
1. SUBJECT TO THE TERMS AND CONDITIONS HEREOF, THE LENDER AGREES TO
MAKE LOANS TO THE BORROWER FROM TIME TO TIME IN AN AGGREGATE PRINCIPAL
AMOUNT UP TO BUT NOT EXCEEDING $45,000,000.00 (HEREINAFTER CALLED THE
"COMMITMENT").
2. THE AFORESAID COMMITMENT SHALL BE AVAILABLE ONLY TO FINANCE THE
PURCHASE OF DEFENSE ITEMS BY THE BORROWER PURSUANT TO PURCHASE
ARRANGEMENTS AUTHORIZED FOR SUCH FINANCING BY DOD WHICH ARE ENTERED INTO
BY THE BORROWER ON OR BEFORE 30 JUNE, 1975. EACH AUTHORIZATION FOR THE
BORROWER TO ENTER INTO A PURCHASE ARRANGEMENT IN IMPLEMENTATION OF THIS
CREDIT AGREEMENT SHALL BE SEPARATELY COMMUNICATED BY DOD IN WRITING TO
THE BORROWER, WHICH AUTHORIZATION SHALL SPECIFY THE DEFENSE ITEMS AND
THE AMOUNT OF CREDIT AUTHORIZED FOR THAT PURCHASE ARRANGEMENT. THE
BORROWER SHALL INCORPORATE INTO EACH SUCH PURCHASE ARRANGEMENT WITH
COMMERCIAL SUPPLIERS THE PROVISIONS OF EXHIBIT A HERETO AN ATTACH AS AN
EXHIBIT TO THE PURCHASE ARRANGEMENT A TRUE COPY OF THE APPLICABLE
AFORESAID AUTHORIZATION AND OF PARAGRAPH 9 OF THIS CREDIT AGREEMENT.
3. EACH LOAN HEREUNDER BY THE LENDER SHALL BE MADE IN ACCORDANCE
WITH THE FOLLOWING PROCEDURE:
(1) EACH LOAN SHALL BE MADE ON SUCH DATE (HEREIN AFTER REFERRED TO AS
A "DISBURSEMENT DATE") AS MAY BE DESIGNATED BY THE BORROWER FROM TIME TO
TIME UPON TEN (10) DAYS' WRITTEN NOTICE BY THE BORROWER TO THE LENDER.
(2) EACH NOTICE SHALL SPECIFY THE AMOUNT OF THE LOAN TO BE MADE BY
THE LENDER ON THE DISBURSEMEN DATE, AND SHALL SPECIFY THE SUPPLIER OR
SUPPLIERS (INCLUDING THE MILITARY DEPARTMENTS OR AGENCIES O DOD) TO WHOM
THE DISBURSEMENT IS TO BE REMITTED BY THE LENDER.
(3) EACH NOTICE SHALL BE SENT TO THE COMPTROLLER, DEFENSE SECURITY
ASSISTANCE AGENCY, THE PENTAGON, WASHINGTON, D.C. 20301.
(4) IN THE CASE OF DISBURSEMENTS REQUESTED TO BE MADE TO COMMERCIAL
SUPPLIERS, THE INVOICES SHAL BE PREPARED IN ACCORDANCE WITH THE
PROCEDURE SET FORTH IN EXHIBIT A HERETO.
(5) IN THE CASE OF DISBURSEMENTS REQUESTED TO BE MADE TO THE MILITARY
DEPARTMENTS AND AGENCIES O DOD, THE NOTICES SHALL HAVE ANNEXED THERETO
COPIES OF THE PAYMENT REQUEST RECEIVED BY THE BORROWER FROM SUCH
MILITARY DEPARTMENT OR AGENCY AGAINST WHICH DISBURSEMENT IS REQUESTED.
(6) WITH EACH NOTICE, THE BORROWER SHALL CONCURRENTLY TRANSMIT TO THE
LENDER AT THE ADDRESS SET FORTH IN SUBPARAGRAPH (3) ABOVE OF THIS
PARAGRAPH A PROMISSORY NOTE SUBSTANTIALLY IN THE FORM OF EXHIBIT B
HERETO (WITH THE BLANKS APPROPRIATELY FILLED IN) RECITING THE OBLIGATION
OF THE BORROWER TO REPAY THE AMOUNT OF SUCH LOAN WITH INTEREST THEREON
AS HEREINAFTER SET FORTH. (THE PROMISSORY NOTES HEREINABOVE REFERRED TO
ARE HEREINAFTER CALLED THE "NOTES" AND INDIVIDUALLY A "NOTE").
4.(A) ALL OCEAN TRANSPORTATION OF THE DEFENSE ARTICLES SHALL BE ON
VESSELS OF UNITED STATES REGISTRY. THE GOVERNMENT OF THE UNITED STATES
WILL GIVE SYMPATHETIC CONSIDERATION ON A CASE-BY-CAS BASIS TO REQUESTS
BY THE BORROWER JUSTIFYING SHIPMENT ON VESSELS OF THE REGISTRY OF THE
BORROWER. CONSIDERATION WILL BE GIVEN TO SECURITY REQUIREMENTS OF THE
BORROWER TO ASSURE SAFE ARRIVAL.
(B) THE BORROWER OR ITS COMMERCIAL SUPPLIER SHALL BE RESPONSIBLE FOR
OBTAINING SUCH EXPORT LICENSES AS MAY BE NECESSARY FOR DEFENSE ITEMS
FINANCED HEREUNDER.
5. THIS AGREEMENT EVIDENCES THE LEGAL AND BINDING OBLIGATION OF THE
BORROWER TO MAKE REPAYMENTS TO THE LENDER FOR DISBURSEMENTS MADE BY THE
LENDER IN ACCORDANCE WITH THE TERMS HEREOF. THE LENDER MAY SELL OR
ASSIGN, IN WHOLE OR IN PART, ITS RIGHTS TO SAID REPAYMENTS AND MAY, WITH
RESPECT TO SUC SALE OR ASSIGNMENT, GUARANTEE PAYMENT OF THE SAME.
6.(A) THE BORROWER HEREBY AGREES:
(I) TO REPAY THE DISBURSEMENTS MADE BY THE LENDER IN ACCORDANCE WITH
THE PRINCIPAL REPAYMENT SCHEDULE SET FORTH IN EXHIBIT C HERETO; AND
(II) TO PAY INTEREST SEMIANNUALLY ON 1 JANUARY AND 1 JULY, COMMENCING
1 JULY, 1974, ON THE AMOUN BY WHICH FROM TIME TO TIME CUMULATIVE
DISBURSEMENTS EXCEED CUMULATIVE REPAYMENTS OF PRINCIPAL. INTEREST SHALL
BE CALCULATED ON A 365-DAY BASIS AND ACTUAL DAYS ELAPSED, AND IN
ACCORDANCE WITH THE PROVISIONS OF PARAGRAPH 5 OF THE AFORESAID INTERIM
CREDIT AGREEMENT OF 23 JANUARY 1974.
(B) IF ON ANY INSTALLMENT REPAYMENT DATE SET FORTH IN THE PRINCIPAL
REPAYMENT SCHEDULE THE BORROWER SHALL NOT HAVE AVAILED ITSELF OF THE
COMMITMENT OF THE LENDER IN AN AGGREGATE AMOUNT (LESS REPAYMENTS
PREVIOUSLY MADE) EQUAL TO THE AGGREGATE INSTALLMENT OF PRINCIPAL WHICH
IS REPAYABLE ON SUCH DATE TO THE LENDER, THE BORROWER SHALL, ON SUCH
INSTALLMENT REPAYMENT DATE, REPAY TO THE LENDE THE FULL AMOUNT (LESS
REPAYMENTS PREVIOUSLY MADE) TO WHICH IT HAS AVAILED ITSELF OF THE
COMMITMENT OF THE LENDER TO SUCH DATE, TOGETHER WITH THE INTEREST
ACCRUED THEREON. IF AT ANY TIME THEREAFTER THE BORROWER SHALL AVAIL
ITSELF OF THE COMMITMENT OF THE LENDER IN AN AMOUNT WHICH WOULD HAVE
BEEN PAYABLE ON A PRIOR INSTALLMENT REPAYMENT DATE BUT FOR THE
PROVISIONS OF THE IMMEDIATELY PRECEDING SENTENCE, SUCH AMOUNT, TOGETHER
WITH THE INTEREST ACCRUED THEREON, SHALL BE REPAYABLE ON THE NEXT
SUCCEEDING INSTALLMENT DATE OF THE PRINCIPAL REPAYMENT SCHEDULE
OCCURRING AFTER THE DISBURSEMENT OF SUCH AMOUNT AND THE SAID AGGREGATE
INSTALLMENT OF PRINCIPAL REPAYABLE UNDER THE PRINCIPAL REPAYMENT
SCHEDULE TO THE LENDER ON THAT DATE SHALL BE INCREASED BY SUCH AMOUNT.
(C) IF BY THE DATE SPECIFIED IN PARAGRAPH 2 ABOVE, THE BORROWER SHALL
NOT HAVE ENTERED INTO AUTHORIZED PURCHASE ARRANGEMENTS IN AN AGGREGATE
AMOUNT EQUAL TO THE ENTIRE AMOUNT OF THE COMMITMENT, THE INSTALLMENTS OF
PRINCIPAL REPAYABLE TO THE LENDER SET FORTH IN THE PRINCIPAL REPAYMENT
SCHEDULE SHALL BE REDUCED IN THE INVERSE ORDER OF THE MATURITY THEREOF
TO THE EXTENT OF THE UNUSED BALANCE OF THE COMMITMENT.
(D) WHENEVER ANY REPAYMENT TO BE MADE BY THE BORROWER SHALL BE DUE ON
A SATURDAY, SUNDAY, OR PUBLIC HOLIDAY UNDER THE LAWS OF THE LENDER, SUCH
REPAYMENT MAY BE MADE ON THE NEXT SUCCEEDING BUSINESS DAY, AND SUCH
EXTENSION OF TIME SHALL IN SUCH CASE BE INCLUDED IN COMPUTING INTEREST
IN CONNECTION WITH SUCH REPAYMENT BUT EXCLUDED FROM THE NEXT INTEREST
PERIOD.
(E) THE BORROWER MAY PREPAY THE CREDIT EXTENDED UNDER THIS AGREEMENT
IN PART OR IN FULL ON ANY INTEREST PAYMENT DATE WITHOUT PENALTY OR
PREMIUM, BUT SUCH PREPAYMENT MUST BE ACCOMPANIED BY PAYMEN OF INTEREST
ON THE AMOUNT PREPAID TO THE DATE OF PREPAYMENT AND MUST BE APPLIED TO
THE SATISFACTION OF INSTALLMENTS OF PRINCIPAL REPAYMENTS IN THE INVERSE
ORDER OF THEIR MATURITIES.
(F) ALL REPAYMENTS BY THE BORROWER ON ACCOUNT OF PRINCIPAL OR
INTEREST SHALL BE IN LAWFUL MONEY OF THE UNITED STATES OF AMERICA AND IN
IMMEDIATELY AVAILABLE FUNDS, FREE AND CLEAR OF, AND WITHOUT DEDUCTION
FOR, ANY AND ALL TAXES, LEVIES, IMPOSTS, DEDUCTIONS AND WITHHOLDINGS
WHATSOEVER IMPOSED, LEVIED, COLLECTED OR ASSESSED WITH RESPECT THERETO
BY ANY CENTRAL OR LOCAL AUTHORITY OF THE GOVERNMENT OF TURKEY.
7.(A) THE NOTES SHALL BE FURTHER EVIDENCE OF THE OBLIGATION OF THE
BORROWER TO REPAY THE LOANS MADE HEREUNDER. EACH NOTE SHALL BE DATED
THE PARTICULAR DISBURSEMENT DATE OF THE LOAN WHICH SUCH NOTE EVIDENCES,
SHALL BE PAYABLE TO THE ORDER OF THE GOVERNMENT OF THE UNITED STATES IN
THE PRINCIPAL AMOUNT OF SUCH DISBURSEMENT, AND SHALL BEAR INTEREST ON
THE UNPAID PRINCIPAL AMOUNT THEREOF AS PROVIDED IN PARAGRAPH 5C OF THE
AFORESAID INTERIM CREDIT AGREEMENT OF 23 JANUARY 1974. EXCEPT AS
OTHERWISE PROVIDED FOR IN PARAGRAPH 6.(D), ANY INTEREST BALANCE NOT PAID
ON ITS DUE DATE SHALL ACCRUE INTEREST THEREON AT THE PER ANNUM RATE SET
FORTH IN PARAGRAPH 2 OF THE AFORESAID INTERIM CREDIT AGREEMENT OF 23
JANUARY 1974.
(B) THE NOTES SHALL BE COMPLETED BY THE BORROWER IN SUCH A MANNER
THAT REPAYMENT OF SUCH LOANS SHALL BE MADE IN THE ORDER OF THEIR
DISBURSEMENT, UTILIZING THE PRINCIPAL REPAYMENT SCHEDULE SET FORTH IN
EXHIBIT C (AS THE SAME MAY BE ADJUSTED IN ACCORDANCE WITH PARAGRAPHS
6(B) AND 6(C) HEREOF) AND, IN DETERMINING WHETHER A PARTICULAR LOAN IS
PAYABLE IN ONE OR MORE INSTALLMENTS, UTILIZING A PARTICULAR INSTALLMENT
PAYMENT DATE ONLY AFTER THE FULL UTILIZATION OF THE NEXT PRECEDING
INSTALLMENT DATE.
(C) EACH NOTE SHALL BE SIGNED ON BEHALF OF THE BORROWER BY THE AIR
ATTACHE, EMBASSY OF THE REPUBLIC OF TURKEY.
8.(A) THE BORROWER REPRESENTS AND WARRANTS THAT THE MAKING AND
PERFORMANCE OF THIS AGREEMENT HAV BEEN DULY AUTHORIZED IN ACCORDANCE
WITH THE LAWS OF THE GOVERNMENT OF TURKEY AND SHALL FURNISH TO THE
LENDER UPON REQUEST EVIDENCE, SATISFACTORY TO THE LENDER, OF THE
AUTHORITY OF THE PERSON OR PERSONS WHO HAVE SIGNED THIS AGREEMENT ON
BEHALF OF THE BORROWER AND OF THE PERSON OR PERSONS WHO WILL SIGN THE
NOTES PROVIDED FOR HEREIN ON BEHALF OF THE BORROWER, TOGETHER WITH THE
AUTHENTICATED SPECIMEN SIGNATURE, IN DUPLICATE, OF EACH OF THE LATTER.
(B) THIS AGREEMENT SHALL INURE TO THE BENEFIT OF THE HOLDERS OF THE
NOTES, THEIR RESPECTIVE SUCCESSORS AND ASSIGNS. THIS AGREEMENT AND THE
NOTES SHALL BE DEEMED TO BE CONTRACTS UNDER THE LAW OF THE DISTRICT OF
COLUMBIA AND FOR ALL PURPOSES SHALL BE CONSTRUED IN ACCORDANCE WITH SAID
LAW. THE BORROWER AGREES THAT JURISDICTION MAY BE TAKEN BY COURTS IN
THE DISTRICT OF COLUMBIA WITH RESPECT TO MATTERS INVOLVING ANY NOTE,
PROVIDED SUCH NOTE IS HELD BY AN INDIVIDUAL, PARTNERSHIP, CORPORATION,
OR OTHER PRIVATE LEGAL ENTITY.
(C) THE BORROWER SHALL IN ALL CASES PAY WHEN AND AS DUE THE PRINCIPAL
OF AND INTEREST ON ALL NOTES ISSUED HEREUNDER, NOTWITHSTANDING ANY
CLAIMS WHICH THE BORROWER MAY NOW OR HEREAFTER HAVE AGAINST ANY SUPPLIER
OF THE DEFENSE ITEMS, DOD, THE LENDER, OR ANY OTHER PERSONS OR ENTITY IN
CONNECTION WITH ANY OTHER TRANSACTION, FOR ANY REASON WHATSOEVER.
9. UPON THE OCCURRENCE OF ANY OF THE FOLLOWING EVENTS OF DEFAULT:
(1) IF THE BORROWER FAILS FOR A PERIOD OF TEN (10) DAYS TO MAKE ANY
PAYMENT OF PRINCIPAL OF, OR INTEREST ON, ANY NOTE WHEN DUE; OR
(2) IF ANY REPRESENTATION OR WARRANTY MADE BY THE BORROWER HEREIN OR
ANY CERTIFICATE FURNISHED B THE BORROWER PURSUANT HERETO PROVES TO BE AT
ANY TIME INCORRECT IN ANY MATERIEL RESPECT; OR
(3) IF THE BORROWER DEFAULTS IN THE PERFORMANCE OF ANY OTHER TERM,
COVENANT OR UNDERTAKING CONTAINED IN THIS CREDIT AGREEMENT, AND SUCH
DEFAULT SHALL CONTINUE UNREMEDIED FOR 30 DAYS AFTER WRITTEN NOTIFICATION
THEREOF SHALL HAVE BEEN GIVEN TO THE BORROWER BY THE LENDER;
THEN, AND IN ANY SUCH EVENT, THE HOLDER OF ANY NOTE MAY DECLARE
IMMEDIATELY DUE AND PAYABLE THE UNPAID PRINCIPAL OF, AND ACCRUED
INTEREST ON, ANY OR ALL NOTES HELD BY SUCH HOLDER AND SUCH AMOUNTS SHALL
BECOME IMMEDIATELY DUE AND PAYABLE WITHOUT PROTEST, PRESENTMENT, NOTICE
OR OTHER DEMAND OF AN KIND, ALL OF WHICH ARE HEREBY EXPRESSLY WAIVED BY
THE BORROWER, AND THE LENDER MAY TERMINATE ITS COMMITMENT HEREUNDER.
10. ALL COMMUNICATIONS AND OTHER DOCUMENTS REQUIRED OR PERMITTED
HEREUNDER, UNLESS SUBMITTED IN THE ENGLISH LANGUAGE, SHALL BE
ACCOMPANIED BY ONE ENGLISH TRANSLATION FOR EACH COPY OF SUCH DOCUMENTS
TO BE FURNISHED AND, IN THE EVENT OF CONFLICT, THE ENGLISH VERSION SHALL
GOVERN. EXCEPT AS OTHERWISE PROVIDED HEREIN, ALL NOTICES, REQUESTS OR
DEMANDS HEREUNDER SHALL BE DEEMED TO HAVE BEEN GIVEN OR MADE UPON THE
MAILING OF THE SAME, POSTAGE PREPAID, OR IN THE CASE OF TELEGRAPHIC
NOTICE, ON DELIVERY TO THE TELEGRAPHIC COMPANY, ADDRESSED IN THE CASE OF
THE BORROWER, TO THE EMBASSY OF THE REPUBLIC OF TURKEY, 2202
MASSACHUSETTS AVENUE, N.W., WASHINGTON, D.C. 20008, AND IN THE CASE OF
THE LENDER TO THE DIRECTOR, DEFENSE SECURITY ASSISTANCE AGENCY, THE
PENTAGON, WASHINGTON, D.C. 20301.
11. THIS AGREEMENT MAY BE EXECUTED IN ANY NUMBER OF COUNTERPARTS AND
BY THE PARTIES HERETO ON SEPARATE COUNTERPARTS, EACH OF WHICH SHALL BE
DEEMED AN ORIGINAL BUT ALL SUCH COUNTERPARTS TO CONSTITUTE ONE AND THE
SAME INSTRUMENT.
12. EXHIBITS A THROUGH C ATTACHED HERETO ARE, BY THIS REFERENCE,
MADE A PART OF THIS AGREEMENT.
IN WITNESS WHEREOF, THE PARTIES HERETO HAVE DULY EXECUTED THIS
AGREEMENT THIS 28TH DAY OF FEBRUARY, 1974.
GOVERNMENT OF TURKEY
SIGNED
BY MELIH ESSENBEL
AMBASSADOR TO THE UNITED STATES
GOVERNMENT OF THE UNITED STATES OF AMERICA
SIGNED
BY RAY PEET
VICE ADMIRAL, USN
DIRECTOR
DEFENSE SECURITY ASSISTANCE AGENCY
EXHIBIT A, A2 AND A3
PAYMENT PROCEDURES
THE FOLLOWING PROCEDURES AND CONDITIONS SHALL BE ADHERED TO PRIOR TO
EACH DISBURSEMENT TO BE MADE BY THE GOVERNMENT OF THE UNITED STATES FOR
THE ACCOUNT OF THE GOVERNMENT OF TURKEY.
1. THE SUPPLIER SHALL PREPARE AND SUBMIT TO THE DESIGNATED
REPRESENTATIVES OF THE GOVERNMENT OF TURKEY IN WASHINGTON, D.C. INVOICES
ON U.S. STANDARD FORM 1034 IN SUFFICIENT NUMBER OF COPIES TO PERMIT THE
FORWARDING OF FOUR COPIES TO THE DISBURSING OFFICER DESIGNATED IN
PARAGRAPH 5 BELOW.
2. THE SUPPLIER SHALL INSURE THAT EACH INVOICE IS IN ACCORDANCE WITH
RELEVANT PROVISIONS OF ITS PURCHASE ARRANGEMENT WITH THE GOVERNMENT OF
TURKEY.
3. THE SUPPLIER SHALL ATTACH TO EACH INVOICE A STATEMENT THAT
AUTHORIZED REPRESENTATIVES OF THE GOVERNMENT OF THE UNITED STATES SHALL,
UNTIL THE EXPIRATION OF THREE YEARS AFTER FINAL PAYMENT HEREUNDER, HAVE
ACCESS TO AND THE RIGHT TO EXAMINE ANY DIRECTLY RELATED PERTINENT BOOKS,
DOCUMENTS, PAPERS AND RECORDS OF THE SUPPLIER INVOLVING TRANSACTIONS
RELATING TO THE AFORESAID PURCHASE ARRANGEMENT.
4. TO THE EXTENT THAT ANY INVOICE REQUESTS PAYMENT OF ADVANCES, AS
DISTINGUISHED FROM PAYMENT FO DELIVERY OF DEFENSE ITEMS OR REIMBURSEMENT
IN THE FORM OF PROGRESS PAYMENTS FOR WORK OR SERVICES PERFORMED, THE
SUPPLIER SHALL ATTACH TO THE INVOICE A STATEMENT SETTING FORTH THE
UNDERTAKING OF TH SUPPLIER THAT THE FULL AMOUNT OF THE ADVANCE WILL BE
MAINTAINED BY THE SUPPLIER IN A SEGREGATED ACCOUNT WHICH WILL BE APPLIED
SOLELY TO THE PERFORMANCE OF THE SUPPLIER'S OBLIGATIONS UNDER THE
PURCHASE ARRANGEMENT.
5. THE DESIGNATED REPRESENTATIVE OF THE GOVERNMENT OF TURKEY IN
WASHINGTON, D.C. SHALL FORWARD SUCH INVOICES TO THE COMPTROLLER, DEFENSE
SECURITY ASSISTANCE AGENCY, THE PENTAGON, WASHINGTON, D.C 20301.
6. EACH INVOICE SHALL BE ACCOMPANIED BY A CERTIFICATION OF THE
GOVERNMENT OF TURKEY AS FOLLOWS:
THE GOVERNMENT OF TURKEY CONFIRMS (THAT THE DEFENSE ITEMS SET FORTH
HEREIN HAVE BEEN SATISFACTORILY RECEIVED BY OR FOR THE GOVERNMENT OF
TURKEY) (THAT THE WORK OR SERVICES FOR WHICH PROGRESS PAYMENTS ARE
REQUESTED HAVE BEEN SATISFACTORILY RENDERED) (THAT PAYMENT IS OTHERWISE
DUE) UNDER ITS PURCHASE ARRANGEMENT OF __________ FOR THE PURCHASE OF
DEFENSE ITEMS FROM SUPPLIER, AND CERTIFIES THAT THE BILL IS CORRECT AND
JUST AND THAT PAYMENT THEREFOR HAS NOT BEEN MADE. PAYMENT O THIS
INVOICE IS REQUESTED BY THE MINISTRY OF DEFENSE OF THE GOVERNMENT OF
TURKEY PURSUANT TO THE TERMS OF THE CREDIT AGREEMENT OF __________
BETWEEN THE GOVERNMENT OF TURKEY AND THE GOVERNMENT OF THE UNITED STATES
OF AMERICA. THE GOVERNMENT OF TURKEY CONFIRMS THAT SAID PURCHASE
ARRANGEMENT IS ONE OF THE PURCHASE ARRANGEMENTS AUTHORIZED BY THE
DEPARTMENT OF DEFENSE OF THE UNITED STATES OF AMERICA PURSUANT TO THE
AFORESAID CREDIT AGREEMENT OF __________ AND FURTHER CONFIRMS THAT THE
CUMULATIVE TOTAL OF THIS INVOICE AND INVOICES PREVIOUSLY PAID BY THE
GOVERNMENT OF THE UNITED STATE AGAINST SAID PURCHASE ARRANGEMENT DOES
NOT EXCEED THE AGGREGATE CREDIT CEILING ESTABLISHED BY THE GOVERNMENT OF
THE UNITED STATES FOR THE SAID PURCHASE ARRANGEMENT.
GOVERNMENT OF TURKEY
BY (NAME TYPED)
(TITLE)
EXHIBIT B, B2 AND B3
PROMISSORY NOTE
U.S. $__________, NEW YORK, N.Y.
FOR VALUE RECEIVED, THE UNDERSIGNED, THE GOVERNMENT OF TURKEY (HEREIN
CALLED "TURKEY"), HEREBY PROMISES TO PAY TO THE ORDER OF THE GOVERNMENT
OF THE UNITED STATES OF AMERICA (HEREIN CALLED "UNITED STATES") THE
PRINCIPAL SUM OF __________ UNITED STATES DOLLARS (U.S. $__________) AS
FOLLOWS:
TOGETHER WITH INTEREST ON ANY AND ALL AMOUNTS REMAINING UNPAID
HEREUNDER FROM TIME TO TIME FROM THE DATE HEREOF UNTIL THIS NOTE SHALL
BE PAID IN FULL, PAYABLE SEMIANNUALLY ON 1 JANUARY AND 1 JULY OF EACH
YEAR FROM DATE HEREOF AT A RATE DETERMINED FOR PURPOSES HEREOF (AND
INCREASED OR DECREASED FROM TIME TO TIME) IN ACCORDANCE WITH THE CREDIT
AGREEMENT HEREINAFTER REFERRED TO. BOTH PRINCIPAL AND INTEREST SHALL BE
PAYABLE IN LAWFUL MONEY OF THE UNITED STATES OF AMERICA TO THE
COMPTROLLER, DEFENSE SECURITY ASSISTANCE AGENCY, ATTENTION: FINANCE AND
ACCOUNTING DIVISION, THE PENTAGON, WASHINGTON, D.C. 20301. ALL PAYMENTS
MADE ON ACCOUNT OF THE PRINCIPAL AMOUNT REMAINING UNPAID HEREUNDER SHALL
BE ENDORSED BY THE HOLDER ON THE REVERSE SIDE OF THIS NOTE.
WHENEVER ANY PAYMENT TO BE MADE SHALL BE DUE ON A SATURDAY, SUNDAY,
OR A PUBLIC HOLIDAY UNDER THE LAWS OF THE GOVERNMENT OF THE UNITED
STATES, SUCH PAYMENT MAY BE MADE ON THE NEXT SUCCEEDING BUSINESS DAY,
AND SUCH EXTENSION OF TIME SHALL IN SUCH CASE BE INCLUDED IN COMPUTING
INTEREST IN CONNECTION WITH SUCH PAYMENT BUT EXCLUDED FROM THE NEXT
INTEREST PERIOD.
THIS NOTE IS ONE OF THE NOTES REFERRED TO IN THE CREDIT AGREEMENT OF
__________ BETWEEN THE GOVERNMENT OF TURKEY AND THE GOVERNMENT OF THE
UNITED STATES OF AMERICA. IT IS ENTITLED TO THE BENEFITS OF THE SAID
CREDIT AGREEMENT AND MAY BE PREPAID ON ANY INTEREST PAYMENT DATE.
PREPAYMENTS SHALL BE APPLIED TO THE INSTALLMENTS HEREOF IN THE INVERSE
ORDER OF THEIR MATURITY. ALL PAYMENTS O PRINCIPAL AND INTEREST ON THIS
NOTE ARE PAYABLE IN LAWFUL MONEY OF THE UNITED STATES OF AMERICA AND IN
IMMEDIATELY AVAILABLE FUNDS, FREE AND CLEAR OF, AND WITHOUT DEDUCTION
FOR, ANY TAXES, LEVIES, IMPOSTS, DEDUCTIONS, AND WITHHOLDINGS WHATSOEVER
NOW OR HEREAFTER IMPOSED, LEVIED, COLLECTED OR ASSESSED WITH RESPECT
THERETO BY ANY CENTRAL OR LOCAL AUTHORITY OF THE GOVERNMENT OF TURKEY
AND SHALL BE PAID FREE FROM ALL RESTRICTIONS OF ANY CENTRAL OR LOCAL
AUTHORITY OF THE GOVERNMENT OF TURKEY.
THE GOVERNMENT OF TURKEY AGREES TO PAY ALL OUT-OF-POCKET COSTS AND
EXPENSES IN CONNECTION WITH COLLECTION AFTER DEFAULT OF THIS NOTE
(INCLUDING THE REASONABLE FEES AND OUT-OF-POCKET EXPENSES OF COUNSEL) AS
WELL AS ALL STAMP AND SIMILAR TAXES, IF ANY, NOW OR HEREAFTER IN EFFECT,
AND TO SAVE TH HOLDER OF THE NOTE HARMLESS FROM ANY AND ALL LIABILITIES
WITH RESPECT TO OR RESULTING FROM ANY DELA OR OMISSION TO PAY SUCH
TAXES.
GOVERNMENT OF TURKEY
BY (NAME TYPED)
(TITLE)
EXHIBIT C
PRINCIPAL REPAYMENT SCHEDULE*
THE FIRST $2812500 OF DISBURSEMENTS ARE REPAYABLE ON 1 JANUARY 79
THE NEXT $4687500 OF DISBURSEMENTS ARE REPAYABLE ON 1 JULY 79
THE NEXT $4687500 OF DISBURSEMENTS ARE REPAYABLE ON 1 JANUARY 80
THE NEXT $4687500 OF DISBURSEMENTS ARE REPAYABLE ON 1 JULY 80
THE NEXT $4687500 OF DISBURSEMENTS ARE REPAYABLE ON 1 JANUARY 81
THE NEXT $4687500 OF DISBURSEMENTS ARE REPAYABLE ON 1 JULY 81
THE NEXT $4687500 OF DISBURSEMENTS ARE REPAYABLE ON 1 JANUARY 82
THE NEXT $4687500 OF DISBURSEMENTS ARE REPAYABLE ON 1 JULY 82
THE NEXT $4687500 OF DISBURSEMENTS ARE REPAYABLE ON 1 JANUARY 83
THE LAST $4687500 OF DISBURSEMENTS ARE REPAYABLE ON 1 JULY 83
*THE AMOUNTS AND DATES OF PRINCIPAL INSTALLMENT REPAYMENTS ARE
SUBJECT TO THE PROVISIONS OF THE INTERIM CREDIT AGREEMENT OF 23 JANUARY
1974 BETWEEN THE BORROWER AND THE LENDER.
TURKEY 23 JAN 1974 FLITE DOCUMENT NO. 7502518
CREDIT AGREEMENT
CREDIT AGREEMENT FOR THE PURCHASE OF DEFENSE ARTICLES AND SERVICES
INTERIM CREDIT AGREEMENT
MADE AND ENTERED INTO THE 23RD DAY OF JANUARY 1974, BETWEEN THE
GOVERNMENT OF TURKEY, REPRESENTED BY ITS AMBASSADOR TO THE UNITED
STATES, AND THE GOVERNMENT OF THE UNITED STATES OF AMERICA, REPRESENTED
BY THE UNITED STATES DEPARTMENT OF DEFENSE.
WITNESSETH
WHEREAS, THE GOVERNMENT OF TURKEY DESIRES TO ENTER, OR HAS ENTERED,
INTO PURCHASE CONTRACTS WITH THE MILITARY DEPARTMENTS AND AGENCIES OF
THE UNITED STATES DEPARTMENT OF DEFENSE AND/OR VARIOUS UNITED STATES
COMMERCIAL SUPPLIERS FOR THE PURCHASE OF DEFENSE ARTICLES AND DEFENSE
SERVICES OF UNITED STATES ORIGIN; AND
WHEREAS, THE GOVERNMENT OF TURKEY HAS REQUESTED THE GOVERNMENT OF THE
UNITED STATES OF AMERICA TO FINANCE, AND TO ARRANGE FOR PRIVATE
FINANCING OF, PAYMENTS REQUIRED TO BE MADE BY THE GOVERNMENT OF TURKEY
UNDER ITS PURCHASE CONTRACTS; AND
WHEREAS, THE AFORESAID REQUESTED FINANCING WILL FACILITATE THE
PURPOSES OF THE UNITED STATES FOREIGN MILITARY SALES ACT, AS AMENDED;
NOW THEREFORE, IN CONSIDERATION OF THE PREMISES AND THE MUTUAL
COVENANTS HEREINAFTER SET FORTH, AND IN IMPLEMENTATION OF, AND SUBJECT
TO THE PROVISIONS OF THE MUTUAL DEFENSE ASSISTANCE AGREEMENT BETWEEN THE
GOVERNMENT OF TURKEY AND THE GOVERNMENT OF THE UNITED STATES OF AMERICA,
DATED 12 JULY 1947, THE PARTIES HERETO AGREE AS FOLLOWS:
1. SUBJECT TO THE TERMS AND CONDITIONS HEREOF, AND SOLELY FOR THE
AFORESAID PURPOSES, THE GOVERNMENT OF THE UNITED STATES OF AMERICA SHALL
MAKE OR PLACE LOANS TO THE GOVERNMENT OF TURKEY FROM TIME TO TIME IN AN
AGGREGATE PRINCIPAL AMOUNT UP TO BUT NOT EXCEEDING U.S. $75 MILLION.
2. THE GOVERNMENT OF TURKEY SHALL REPAY THE LOANS MADE PURSUANT TO
THIS PRESENT AGREEMENT IN 16 CONSECUTIVE SEMI-ANNUAL INSTALLMENTS OF
U.S. $4,687,500 EACH, PAYABLE ON 1 JANUARY, AND 1 JULY OF EACH YEAR AND
COMMENCING ON 1 JANUARY 1976, AND SHALL PAY INTEREST SEMI-ANNUALLY ON 1
JANUARY AND 1 JULY OF EACH YEAR, COMMENCING ON 1 JULY 1974, AT THE RATE
OF 4 7/8% (FOUR AND SEVEN EIGHTS PER CENT PER ANNUM, USING A 365 DAY
FACTOR, ON THE AMOUNT BY WHICH FROM TIME TO TIME CUMULATIVE DISBURSEMENT
EXCEED CUMULATIVE REPAYMENTS OF PRINCIPAL.
3. THE GOVERNMENT OF TURKEY AGREES TO EXECUTE AT THE OFFICE OF THE
DIRECTOR, UNITED STATES DEFENSE SECURITY ASSISTANCE AGENCY, ON 15
FEBRUARY 1974, OR ON SUCH EARLIER DATE AS MAY BE NOTIFIED TO IT BY THE
AFORESAID DIRECTOR, A CREDIT AGREEMENT IN THE FORM OF ANNEX A HERETO
(WITH THE BLANKS APPROPRIATELY FILLED IN AND SUBJECT TO THE PRINCIPAL
AND INTEREST SCHEDULE SPECIFIED IN PARAGRAPH 2 ABOVE) FOR AT LEAST US
$45,000,000, BUT NOT TO EXCEED THE AGGREGATE PRINCIPAL AMOUNT SPECIFIED
IN PARAGRAPH 1 ABOVE, IN PARTIAL OR FULL SUBSTITUTION OF THIS PRESENT
AGREEMENT AND, EXCEPT AS OTHERWISE PROVIDED HEREIN AND IN THE CREDIT
AGREEMENT, OF THE RESPECTIVE RIGHTS AND OBLIGATIONS OF THE TWO
GOVERNMENTS UNDER THIS PRESENT AGREEMENT.
4. SUBJECT TO PARAGRAPH 5 BELOW, THE GOVERNMENT OF THE UNITED STATES
OF AMERICA RESERVES THE RIGHT TO PLACE ON OR BEFORE 25 FEBRUARY 1974
WITH OR WITHOUT ADVERTISEMENT, UP TO US $30,000,000 IN PRINCIPAL AMOUNT
OF THE AGGREGATE LOAN AMOUNT SPECIFIED IN PARAGRAPH 1 ABOVE WITH ONE OR
MORE PRIVATE LENDERS DOING BUSINESS IN THE UNITED STATES AT THE RATE OF
INTEREST THEN AVAILABLE AND SUBJECT TO THE PRINCIPAL AND INTEREST
REPAYMENT SCHEDULE SPECIFIED IN PARAGRAPH 2 ABOVE. SUCH LOAN SHALL BE
PLACED PURSUANT TO LOAN AGREEMENT(S) EXECUTED BY SUCH PRIVATE LENDERS
SUBSTANTIALLY IN THE FORM OF ANNEX B HERETO (WITH THE BLANKS
APPROPRIATELY FILLED IN), SUBJECT TO UNITED STATES GOVERNMENT GUARANTY
UNDER THE UNITED STATES FOREIGN MILITARY SALES ACT, AS AMENDED. THE
GOVERNMENT OF TURKEY AGREES TO EXECUTE THE AFORESAID LOAN AGREEMENT(S)
AT THE OFFICE OF THE DIRECTOR, UNITED STATES DEFENSE SECURITY ASSISTANCE
AGENCY, OR AT SUCH OTHER PLACE AS HE MAY DESIGNATE, ON SUCH DATE AS MAY
BE SPECIFIED BY THE AFORESAID DIRECTOR, UPON NOTIFICATION TO IT THAT THE
GOVERNMENT OF THE UNITED STATES OF AMERICA HAS EXERCISED ITS RIGHT UNDER
THE PRECEDING SENTENCES OF THIS PARAGRAPH, I PARTIAL SUBSTITUTION OF
THIS PRESENT AGREEMENT AND OF THE RESPECTIVE RIGHTS AND OBLIGATIONS OF
THE TWO GOVERNMENTS UNDER THIS PRESENT AGREEMENT.
5. IN THE EVENT THAT THE GOVERNMENT OF THE UNITED STATES OF AMERICA
EXERCISES ITS RIGHT UNDER PARAGRAPH 4 ABOVE -
A. IN THE AGGREGATE, THE PRINCIPAL AND INTEREST SCHEDULES OF THE
CREDIT AGREEMENT AND THE LOAN AGREEMENT(S) SHALL MATCH THE PRINCIPAL AND
INTEREST SCHEDULES SPECIFIED IN PARAGRAPH 2 ABOVE, ALTHOUGH INDIVIDUAL
PAYMENTS TO THE GOVERNMENT OF THE UNITED STATES OF AMERICA AND TO THE
PRIVATE LENDER(S), RESPECTIVELY, MAY VARY AS TO AMOUNT AND SCHEDULED
DATE.
B. EACH BORROWING BY THE GOVERNMENT OF TURKEY UNDER THE AFORESAID
CREDIT AGREEMENT AND LOAN AGREEMENT(S) WILL BE PRORATIONED AMONG THE
GOVERNMENT OF THE UNITED STATES OF AMERICA AND THE PRIVATE LENDER(S) IN
THE PROPORTIONS THAT EACH OF THE LOAN COMMITMENTS UNDER THE CREDIT
AGREEMENT AND THE LOAN AGREEMENT(S) BEARS TO THE AGGREGATE PRINCIPAL
AMOUNT OF U.S. $75,000,000 SPECIFIED IN PARAGRAPH 1 ABOVE, AND THE
GOVERNMENT OF TURKEY UNDERTAKES THAT IT SHALL SO ALLOCATE EACH BORROWING
THIS UNDERTAKING BY THE GOVERNMENT OF TURKEY SHALL CONTINUE IN FORCE
AFTER THE EXECUTION OF THE CREDIT AGREEMENT AND LOAN AGREEMENT(S).
C. INTEREST UNDER THE CREDIT AGREEMENT SHALL BE COMPUTED AS FOLLOWS:
(I) WITH RESPECT TO EACH SEMI-ANNUAL PAYMENT OF INTEREST SCHEDULED
UNDER PARAGRAPH 2 ABOVE AND PAYABLE BOTH UNDER THE LOAN AGREEMENT(S) AND
THE CREDIT AGREEMENT -
(A) THE AGGREGATE INTEREST PAYABLE TO THE PRIVATE LENDER(S) AND TO
THE GOVERNMENT OF THE UNITED STATES OF AMERICA SHALL BE COMPUTED AT THE
PER ANNUM RATE SET FORTH IN PARAGRAPH 2 ABOVE ON THE AGGREGATE UNPAID
PRINCIPAL;
(B) THE AMOUNT OF INTEREST PAYABLE TO THE PRIVATE LENDER(S) SHALL BE
COMPUTED AT THE PER ANNUM RATE SET FORTH IN THE LOAN AGREEMENT(S) ON THE
AMOUNT OF UNPAID PRINCIPAL OWED TO THE PRIVATE LENDER(S); AND
(C) THE DIFFERENCE BETWEEN THE AGGREGATE INTEREST AMOUNT AND THE
INTEREST AMOUNT PAYABLE TO THE PRIVATE LENDER(S) SHALL BE THE INTEREST
AMOUNT DUE AND PAYABLE ON THE SCHEDULED DATE TO THE GOVERNMENT OF THE
UNITED STATES OF AMERICA.
(II) WITH RESPECT TO EACH SEMI-ANNUAL PAYMENT OF INTEREST SCHEDULED
UNDER PARAGRAPH 2 ABOVE AND PAYABLE AFTER THE ENTIRE PRINCIPAL OF THE
LOAN(S) UNDER THE LOAN AGREEMENT(S) HAS BEEN REPAID, INTEREST PAYABLE
UNDER THE CREDIT AGREEMENT SHALL BE COMPUTED AT THE PER ANNUM RATE SET
FORTH IN PARAGRAPH 2 ABOVE ON THE UNPAID PRINCIPAL AMOUNT OF THE CREDIT
AGREEMENT.
D. SHOULD THE GOVERNMENT OF TURKEY NOT AVAIL ITSELF OF THE ENTIRE
AMOUNT OF THE LOAN COMMITMENTS UNDER THE CREDIT AGREEMENT AND LOAN
AGREEMENT(S), AND THE INSTALLMENTS OF PRINCIPAL REPAYMENTS SET FORTH IN
THE PRINCIPAL REPAYMENT SCHEDULES OF BOTH AGREEMENTS BE ACCORDINGLY
REDUCED IN THE INVERSE ORDER OF MATURITY TO THE EXTENT OF THE UNUSED
BALANCES OF THE COMMITMENTS, AS PROVIDED FOR IN ANNEXES A AND B, THEN,
IN THAT EVENT -
(I) THE PRINCIPAL REPAYMENT SCHEDULE OF THE CREDIT AGREEMENT SHALL BE
DEEMED ADDITIONALLY ADJUSTED TO CONFORM AS TO AMOUNTS AND DATES TO THE
PRINCIPAL SCHEDULE SPECIFIED IN PARAGRAPH 2 ABOVE, NAMELY, THE
INSTALLMENTS OF PRINCIPAL REPAYMENTS DUE UNDER THE CREDIT AGREEMENT
SHALL BE EQUAL TO THE DIFFERENCE IN THE ORDER OF THEIR MATURITIES
BETWEEN (A) THE PRINCIPAL REPAYMENTS SPECIFIED UNDER PARAGRAPH 2 ABOVE
AND (B) THE PRINCIPAL REPAYMENTS DUE UNDER THE REDUCED PRINCIPAL
REPAYMENT SCHEDULE OF THE LOAN AGREEMENT(S); AND
(II) UPON REQUEST OF THE GOVERNMENT OF THE UNITED STATES OF AMERICA,
THE GOVERNMENT OF TURKEY SHALL DELIVER TO THE GOVERNMENT OF THE UNITED
STATES OF AMERICA, IN PLACE OF ANY PROMISSORY NOTE ISSUED UNDER THE
CREDIT AGREEMENT PRIOR TO SUCH ADJUSTMENT OF THE PRINCIPAL REPAYMENT
SCHEDULE, ONE OR MORE SEPARATE PROMISSORY NOTES, AGGREGATING NOT MORE
THAN THE AMOUNT OF THE NOTE REPLACED, WHICH SHALL CONFORM TO THE
ADJUSTED PRINCIPAL REPAYMENT SCHEDULE OF THE CREDIT AGREEMENT.
6. THE PURPOSE OF EXECUTING THE CREDIT AGREEMENT AND THE LOAN
AGREEMENT(S) SPECIFIED IN PARAGRAP 3 AND PARAGRAPH 4 ABOVE IS TO
DEFINITIZE IN FULL THE CREDIT TERMS, DISBURSEMENT PROCEDURES, AND
REPAYMENT OBLIGATIONS SET FORTH IN SUMMARY FASHION IN PARAGRAPH 1 AND
PARAGRAPH 2 ABOVE PRIOR TO TH DISBURSEMENT OF ANY FUNDS. TO THE EXTENT
THAT THE GOVERNMENT OF TURKEY SHOULD BE UNWILLING OR UNABLE TO EXECUTE
ONE OR MORE OF SAID CREDIT AGREEMENT AND LOAN AGREEMENT(S) AT THE TIMES
SPECIFIED THE GOVERNMENT OF THE UNITED STATES OF AMERICA RESERVES THE
RIGHTS (I) TO TERMINATE ALL OR ANY PART OF THE LOAN COMMITMENT SPECIFIED
IN PARAGRAPH 1 ABOVE AND (II) NOT TO ISSUE THE UNITED STATES GOVERNMENT
GUARANTIES REFERRED TO IN PARAGRAPH 4 ABOVE.
IN WITNESS WHEREOF, THE PARTIES HERETO HAVE DULY EXECUTED THIS
INTERIM CREDIT AGREEMENT THIS 23RD DAY OF JANUARY, 1974.
GOVERNMENT OF TURKEY
BY SIGNED
MELIH ESENBEL
AMBASSADOR TO THE UNITED STATES
GOVERNMENT OF THE UNITED STATES OF AMERICA
BY SIGNED
RAY PEET
VICE ADMIRAL, USN
DIRECTOR
DEFENSE SECURITY ASSISTANCE AGENCY
ANNEX A, A2 THRU A12
CREDIT AGREEMENT, MADE AND ENTERED INTO THE __________ DAY OF
__________, 19__, BETWEEN THE GOVERNMENT OF __________, REPRESENTED BY
ITS __________, AND THE GOVERNMENT OF THE UNITED STATES OF AMERICA,
REPRESENTED BY THE DEPARTMENT OF DEFENSE OF THE UNITED STATES OF
AMERICA.
WITNESSETH
WHEREAS, THE GOVERNMENT OF __________ (HEREINAFTER SOMETIMES REFERRED
TO AS THE "BORROWER") DESIRES TO ENTER, OR HAS ENTERED INTO PURCHASE
CONTRACTS (HEREINAFTER REFERRED TO AS "PURCHASE ARRANGEMENTS") WITH THE
MILITARY DEPARTMENTS AND AGENCIES OF THE UNITED STATES DEPARTMENT OF
DEFENS (HEREINAFTER REFERRED TO AS "DOD") AND/OR VARIOUS UNITED STATES
COMMERCIAL SUPPLIERS FOR THE PURCHASE OF DEFENSE ARTICLES AND DEFENSE
SERVICES OF UNITED STATES ORIGIN (HEREINAFTER COLLECTIVELY REFERRED TO
AS "DEFENSE ITEMS"); AND
WHEREAS, THE BORROWER HAS REQUESTED THE GOVERNMENT OF THE UNITED
STATES OF AMERICA (HEREINAFTER SOMETIMES REFERRED TO AS THE "LENDER") TO
FINANCE PAYMENTS REQUIRED TO BE MADE BY THE BORROWER UNDE THE PURCHASE
ARRANGEMENTS; AND
WHEREAS, THE AFORESAID REQUESTED CREDIT WILL FACILITATE THE PURPOSES
OF THE UNITED STATES FOREIGN MILITARY SALES ACT, AS AMENDED;
WHEREAS, THE BORROWER AND THE LENDER ENTERED INTO AN INTERIM CREDIT
AGREEMENT ON __________;
NOW THEREFORE, IN CONSIDERATION OF THE PREMISES AND THE MUTUAL
COVENANTS HEREINAFTER SET FORTH, AND IN IMPLEMENTATION OF, AND SUBJECT
TO THE PROVISIONS OF THE MUTUAL DEFENSE ASSISTANCE AGREEMENT BETWEEN THE
GOVERNMENT OF __________ AND THE GOVERNMENT OF THE UNITED STATES OF
AMERICA, DATED __________, THE PARTIES HERETO AGREE AS FOLLOWS:
1. SUBJECT TO THE TERMS AND CONDITIONS HEREOF, THE LENDER AGREES TO
MAKE LOANS TO THE BORROWER FROM TIME TO TIME IN AN AGGREGATE PRINCIPAL
AMOUNT UP TO BUT NOT EXCEEDING $__________ (HEREINAFTER CALLED THE
"COMMITMENT").
2. THE AFORESAID COMMITMENT SHALL BE AVAILABLE ONLY TO FINANCE THE
PURCHASE OF DEFENSE ITEMS BY THE BORROWER PURSUANT TO PURCHASE
ARRANGEMENTS AUTHORIZED FOR SUCH FINANCING BY DOD WHICH ARE ENTERED INTO
BY THE BORROWER ON OR BEFORE __________, 19__. EACH AUTHORIZATION FOR
THE BORROWER TO ENTER INTO A PURCHASE ARRANGEMENT IN IMPLEMENTATION OF
THIS CREDIT AGREEMENT SHALL BE SEPARATELY COMMUNICATED BY DOD IN WRITING
TO THE BORROWER, WHICH AUTHORIZATION SHALL SPECIFY THE DEFENSE ITEMS AND
THE AMOUNT OF CREDIT AUTHORIZED FOR THAT PURCHASE ARRANGEMENT. THE
BORROWER SHALL INCORPORATE INTO EACH SUCH PURCHASE ARRANGEMENT WITH
COMMERCIAL SUPPLIERS THE PROVISIONS OF EXHIBIT A HERETO AN ATTACH AS AN
EXHIBIT TO THE PRUCHASE ARRANGEMENT A TRUE COPY OF THE APPLICABLE
AFORESAID AUTHORIZATION AND OF PARAGRAPH 9 OF THIS CREDIT AGREEMENT.
3. EACH LOAN HEREUNDER BY THE LENDER SHALL BE MADE IN ACCORDANCE
WITH THE FOLLOWING PROCEDURE:
(1) EACH LOAN SHALL BE MADE ON SUCH DATE (HEREINAFTER REFERRED TO AS
A "DISBURSEMENT DATE") AS MAY BE DESIGNATED BY THE BORROWER FROM TIME TO
TIME UPON TEN (10) DAYS' WRITTEN NOTICE BY THE BORROWER TO THE LENDER.
(2) EACH NOTICE SHALL SPECIFY THE AMOUNT OF THE LOAN TO BE MADE BY
THE LENDER ON THE DISBURSEMEN DATE, AND SHALL SPECIFY THE SUPPLIER OR
SUPPLIERS (INCLUDING THE MILITARY DEPARTMENTS OR AGENCIES O DOD) TO WHOM
THE DISBURSEMENT IS TO BE REMITTED BY THE LENDER.
(3) EACH NOTICE SHALL BE SENT TO THE COMPTROLLER, DEFENSE SECURITY
ASSISTANCE AGENCY, THE PENTAGON, WASHINGTON, D.C. 20301.
(4) IN THE CASE OF DISBURSEMENTS REQUESTED TO BE MADE TO COMMERCIAL
SUPPLIERS, THE INVOICES SHAL BE PREPARED IN ACCORDANCE WITH THE
PROCEDURE SET FORTH IN EXHIBIT A HERETO.
(5) IN THE CASE OF DISBURSEMENTS REQUESTED TO BE MADE TO THE MILITARY
DEPARTMENTS AND AGENCIES O DOD, THE NOTICES SHALL HAVE ANNEXED THERETO
COPIES OF THE PAYMENT REQUEST RECEIVED BY THE BORROWER FROM SUCH
MILITARY DEPARTMENT OR AGENCY AGAINST WHICH DISBURSEMENT IS REQUESTED.
(6) WITH EACH NOTICE, THE BORROWER SHALL CONCURRENTLY TRANSMIT TO THE
LENDER AT THE ADDRESS SET FORTH IN SUBPARAGRAPH (3) ABOVE OF THIS
PARAGRAPH A PROMISSORY NOTE SUBSTANTIALLY IN THE FORM OF EXHIBIT B
HERETO (WITH THE BLANKS APPROPRIATELY FILLED IN) RECITING THE OBLIGATION
OF THE BORROWER TO REPAY THE AMOUNT OF SUCH LOAN WITH INTEREST THEREON
AS HEREINAFTER SET FORTH. (THE PROMISSORY NOTES HEREINABOVE REFERRED TO
ARE HEREINAFTER CALLED THE "NOTES" AND INDIVIDUALLY A "NOTE").
4.(A) ALL OCEAN TRANSPORTATION OF THE DEFENSE ARTICLES SHALL BE ON
VESSELS OF UNITED STATES REGISTRY. THE GOVERNMENT OF THE UNITED STATES
WILL GIVE SYMPATHETIC CONSIDERATION ON A CASE-BY-CAS BASIS TO REQUESTS
BY THE BORROWER JUSTIFYING SHIPMENT ON VESSELS OF THE REGISTRY OF THE
BORROWER. CONSIDERATION WILL BE GIVEN TO SECURITY REQUIREMENTS OF THE
BORROWER TO ASSURE SAFE ARRIVAL.
(B) THE BORROWER OR ITS COMMERCIAL SUPPLIER SHALL BE RESPONSIBLE FOR
OBTAINING SUCH EXPORT LICENSES AS MAY BE NECESSARY FOR DEFENSE ITEMS
FINANCED HEREUNDER.
5. THIS AGREEMENT EVIDENCES THE LEGAL AND BINDING OBLIGATION OF THE
BORROWER TO MAKE REPAYMENTS TO THE LENDER FOR DISBURSEMENTS MADE BY THE
LENDER IN ACCORDANCE WITH THE TERMS HEREOF. THE LENDER MAY SELL OR
ASSIGN, IN WHOLE OR IN PART, ITS RIGHTS TO SAID REPAYMENTS AND MAY, WITH
RESPECT TO SUC SALE OR ASSIGNMENT, GUARANTEE PAYMENT OF THE SAME.
6.(A) THE BORROWER HEREBY AGREES:
(I) TO REPAY THE DISBURSEMENTS MADE BY THE LENDER IN ACCORDANCE WITH
THE PRINCIPAL REPAYMENT SCHEDULE SET FORTH IN EXHIBIT C HERETO; AND
(II) TO PAY INTEREST SEMIANNUALLY ON __________ AND __________,
COMMENCING __________, 19__, ON THE AMOUNT BY WHICH FROM TIME TO TIME
CUMULATIVE DISBURSEMENTS EXCEED CUMULATIVE REPAYMENTS OF PRINCIPAL.
INTEREST SHALL BE CALCULATED ON A 365-DAY BASIS AND ACTUAL DAYS ELAPSED,
AND IN ACCORDANCE WITH THE PROVISIONS OF PARAGRAPH OF THE AFORESAID
INTERIM CREDIT AGREEMENT OF __________
(B) IF ON ANY INSTALLMENT REPAYMENT DATE SET FORTH IN THE PRINCIPAL
REPAYMENT SCHEDULE THE BORROWER SHALL NOT HAVE AVAILED ITSELF OF THE
COMMITMENT OF THE LENDER IN AN AGGREGATE AMOUNT (LESS REPAYMENTS
PREVIOUSLY MADE) EQUAL TO THE AGGREGATE INSTALLMENT OF PRINCIPAL WHICH
IS REPAYABLE ON SUCH DATE TO THE LENDER, THE BORROWER SHALL, ON SUCH
INSTALLMENT REPAYMENT DATE, REPAY TO THE LENDE THE FULL AMOUNT (LESS
REPAYMENTS PREVIOUSLY MADE) TO WHICH IT HAS AVAILED ITSELF OF THE
COMMITMENT OF THE LENDER TO SUCH DATE, TOGETHER WITH THE INTEREST
ACCRUED THEREON. IF AT ANY TIME THEREAFTER THE BORROWER SHALL AVAIL
ITSELF OF THE COMMITMENT OF THE LENDER IN AN AMOUNT WHICH WOULD HAVE
BEEN PAYABLE ON A PRIOR INSTALLMENT REPAYMENT DATE BUT FOR THE
PROVISIONS OF THE IMMEDIATELY PRECEDING SENTENCE, SUCH AMOUNT, TOGETHER
WITH THE INTEREST ACCRUED THEREON, SHALL BE REPAYABLE ON THE NEXT
SUCCEEDING INSTALLMENT DATE OF THE PRINCIPAL REPAYMENT SCHEDULE
OCCURRING AFTER THE DISBURSEMENT OF SUCH AMOUNT AND THE SAID AGGREGATE
INSTALLMENT OF PRINCIPAL REPAYABLE UNDER THE PRINCIPAL REPAYMENT
SCHEDULE TO THE LENDER ON THAT DATE SHALL BE INCREASED BY SUCH AMOUNT.
(C) IF BY THE DATE SPECIFIED IN PARAGRAPH 2 ABOVE, THE BORROWER SHALL
NOT HAVE ENTERED INTO AUTHORIZED PURCHASE ARRANGEMENTS IN AN AGGREGATE
AMOUNT EQUAL TO THE ENTIRE AMOUNT OF THE COMMITMENT, THE INSTALLMENTS OF
PRINCIPAL REPAYABLE TO THE LENDER SET FORTH IN THE PRINCIPAL REPAYMENT
SCHEDULE SHALL BE REDUCED IN THE INVERSE ORDER OF THE MATURITY THEREOF
TO THE EXTENT OF THE UNUSED BALANCE OF THE COMMITMENT.
(D) WHENEVER ANY REPAYMENT TO BE MADE BY THE BORROWER SHALL BE DUE ON
A SATURDAY, SUNDAY, OR PUBLIC HOLIDAY UNDER THE LAWS OF THE LENDER, SUCH
REPAYMENT MAY BE MADE ON THE NEXT SUCCEEDING BUSINESS DAY, AND SUCH
EXTENSION OF TIME SHALL IN SUCH CASE BE INCLUDED IN COMPUTING INTEREST
IN CONNECTION WITH SUCH REPAYMENT BUT EXCLUDED FROM THE NEXT INTEREST
PERIOD.
(E) THE BORROWER MAY PREPAY THE CREDIT EXTENDED UNDER THIS AGREEMENT
IN PART OR IN FULL ON ANY INTEREST PAYMENT DATE WITHOUT PENALTY OR
PREMIUM, BUT SUCH PREPAYMENT MUST BE ACCOMPANIED BY PAYMEN OF INTEREST
ON THE AMOUNT PREPAID TO THE DATE OF PREPAYMENT AND MUST BE APPLIED TO
THE SATISFACTION OF INSTALLMENTS OF PRINCIPAL REPAYMENTS IN THE INVERSE
ORDER OF THEIR MATURITIES.
(F) ALL REPAYMENTS BY THE BORROWER ON ACCOUNT OF PRINCIPAL OR
INTEREST SHALL BE IN LAWFUL MONEY OF THE UNITED STATES OF AMERICA AND IN
IMMEDIATELY AVAILABLE FUNDS, FREE AND CLEAR OF, AND WITHOUT DEDUCTION
FOR, ANY AND ALL TAXES, LEVIES, IMPOSTS, DEDUCTIONS AND WITHHOLDINGS
WHATSOEVER IMPOSED, LEVIED, COLLECTED OR ASSESSED WITH RESPECT THERETO
BY ANY CENTRAL OR LOCAL AUTHORITY OF __________.
7.(A) THE NOTES SHALL BE FURTHER EVIDENCE OF THE OBLIGATION OF THE
BORROWER TO REPAY THE LOANS MADE HEREUNDER. EACH NOTE SHALL BE DATED
THE PARTICULAR DISBURSEMENT DATE OF THE LOAN WHICH SUCH NOTE EVIDENCES,
SHALL BE PAYABLE TO THE ORDER OF THE GOVERNMENT OF THE UNITED STATES IN
THE PRINCIPAL AMOUNT OF SUCH DISBURSEMENT, AND SHALL BEAR INTEREST ON
THE UNPAID PRINCIPAL AMOUNT THEREOF AS PROVIDED IN PARAGRAPH __________
OF THE AFORESAID INTERIM CREDIT AGREEMENT OF __________
EXCEPT AS OTHERWISE PROVIDED FOR IN PARAGRAPH 6.(D), ANY INTEREST
BALANCE NOT PAID ON ITS DUE DATE SHALL ACCRUE INTEREST THEREON AT THE
PER ANNUM RATE SET FORTH IN PARAGRAPH 2 OF THE AFORESAID INTERIM CREDIT
AGREEMENT OF __________.
(B) THE NOTES SHALL BE COMPLETED BY THE BORROWER IN SUCH A MANNER
THAT REPAYMENT OF SUCH LOANS SHALL BE MADE IN THE ORDER OF THEIR
DISBURSEMENT, UTILIZING THE PRINCIPAL REPAYMENT SCHEDULE SET FORTH IN
EXHIBIT C (AS THE SAME MAY BE ADJUSTED IN ACCORDANCE WITH PARAGRAPHS
6(B) AND 6(C) HEREOF) AND, IN DETERMINING WHETHER A PARTICULAR LOAN IS
PAYABLE IN ONE OR MORE INSTALLMENTS, UTILIZING A PARTICULAR INSTALLMENT
PAYMENT DATE ONLY AFTER THE FULL UTILIZATION OF THE NEXT PRECEDING
INSTALLMENT DATE.
(C) EACH NOTE SHALL BE SIGNED ON BEHALF OF THE BORROWER BY
__________.
8.(A) THE BORROWER REPRESENTS AND WARRANTS THAT THE MAKING AND
PERFORMANCE OF THIS AGREEMENT HAV BEEN DULY AUTHORIZED IN ACCORDANCE
WITH THE LAWS OF __________ AND SHALL FURNISH TO THE LENDER UPON REQUEST
EVIDENCE, SATISFACTORY TO THE LENDER, OF THE AUTHORITY OF THE PERSON OR
PERSONS WHO HAVE SIGNED THIS AGREEMENT ON BEHALF OF THE BORROWER AND OF
THE PERSON OR PERSONS WHO WILL SIGN THE NOTE PROVIDED FOR HEREIN ON
BEHALF OF THE BORROWER, TOGETHER WITH THE AUTHENTICATED SPECIMEN
SIGNATURE, IN DUPLICATE, OF EACH OF THE LATTER.
(B) THIS AGREEMENT SHALL INURE TO THE BENEFIT OF THE HOLDERS OF THE
NOTES, THEIR RESPECTIVE SUCCESSORS AND ASSIGNS. THIS AGREEMENT AND THE
NOTES SHALL BE DEEMED TO BE CONTRACTS UNDER THE LAW OF THE DISTRICT OF
COLUMBIA AND FOR ALL PURPOSES SHALL BE CONSTRUED IN ACCORDANCE WITH SAID
LAW. THE BORROWER AGREES THAT JURISDICTION MAY BE TAKEN BY COURTS IN
THE DISTRICT OF COLUMBIA WITH RESPECT TO MATTERS INVOLVING ANY NOTE,
PROVIDED SUCH NOTE IS HELD BY AN INDIVIDUAL, PARTNERSHIP, CORPORATION,
OR OTHER PRIVATE LEGAL ENTITY.
(C) THE BORROWER SHALL IN ALL CASES PAY WHEN AND AS DUE THE PRINCIPAL
OF AND INTEREST ON ALL NOTES ISSUED HEREUNDER, NOTWITHSTANDING ANY
CLAIMS WHICH THE BORROWER MAY NOW OR HEREAFTER HAVE AGAINST ANY SUPPLIER
OF THE DEFENSE ITEMS, DOD, THE LENDER, OR ANY OTHER PERSONS OR ENTITY IN
CONNECTION WITH ANY OTHER TRANSACTION, FOR ANY REASON WHATSOEVER.
9. UPON THE OCCURRENCE OF ANY OF THE FOLLOWING EVENTS OF DEFAULT:
(1) IF THE BORROWER FAILS FOR A PERIOD OF TEN (10) DAYS TO MAKE ANY
PAYMENT OF PRINCIPAL OF, OR INTEREST ON, ANY NOTE WHEN DUE; OR
(2) IF ANY REPRESENTATION OR WARRANTY MADE BY THE BORROWER HEREIN OR
ANY CERTIFICATE FURNISHED B THE BORROWER PURSUANT HERETO PROVES TO BE AT
ANY TIME INCORRECT IN ANY MATERIEL RESPECT; OR
(3) IF THE BORROWER DEFAULTS IN THE PERFORMANCE OF ANY OTHER TERM,
COVENANT OR UNDERTAKING CONTAINED IN THIS CREDIT AGREEMENT, AND SUCH
DEFAULT SHALL CONTINUE UNREMEDIED FOR 30 DAYS AFTER WRITTEN NOTIFICATION
THEREOF SHALL HAVE BEEN GIVEN TO THE BORROWER BY THE LENDER;
THEN, AND IN ANY SUCH EVENT, THE HOLDER OF ANY NOTE MAY DECLARE
IMMEDIATELY DUE AND PAYABLE THE UNPAID PRINCIPAL OF, AND ACCRUED
INTEREST ON, ANY OR ALL NOTES HELD BY SUCH HOLDER AND SUCH AMOUNTS SHALL
BECOME IMMEDIATELY DUE AND PAYABLE WITHOUT PROTEST, PRESENTMENT, NOTICE
OR OTHER DEMAND OF AN KIND, ALL OF WHICH ARE HEREBY EXPRESSELY WAIVED BY
THE BORROWER, AND THE LENDER MAY TERMINATE ITS COMMITMENT HEREUNDER.
10. ALL COMMUNICATIONS AND OTHER DOCUMENTS REQUIRED OR PERMITTED
HEREUNDER, UNLESS SUBMITTED IN THE ENGLISH LANGUAGE, SHALL BE
ACCOMPANIED BY ONE ENGLISH TRANSLATION FOR EACH COPY OF SUCH DOCUMENTS
TO BE FURNISHED AND, IN THE EVENT OF CONFLICT, THE ENGLISH VERSION SHALL
GOVERN. EXCEPT AS OTHERWISE PROVIDED HEREIN, ALL NOTICES, REQUESTS OR
DEMANDS HEREUNDER SHALL BE DEEMED TO HAVE BEEN GIVEN OR MADE UPON THE
MAILING OF THE SAME, POSTAGE PREPAID, OR IN THE CASE OF TELEGRAPHIC
NOTICE, ON DELIVERY TO THE TELEGRAPHIC COMPANY, ADDRESSED IN THE CASE OF
THE BORROWER, TO _________ AND IN THE CASE OF THE LENDER TO THE
DIRECTOR, DEFENSE SECURITY ASSISTANCE AGENCY, THE PENTAGON, WASHINGTON,
D.C. 20301.
11. THIS AGREEMENT MAY BE EXECUTED IN ANY NUMBER OF COUNTERPARTS AND
BY THE PARTIES HERETO ON SEPARATE COUNTERPARTS, EACH OF WHICH SHALL BE
DEEMED AN ORIGINAL BUT ALL SUCH COUNTERPARTS TO CONSTITUTE ONE AND THE
SAME INSTRUMENT.
12. EXHIBITS A THROUGH C ATTACHED HERETO ARE, BY THIS REFERENCE,
MADE A PART OF THIS AGREEMENT.
IN WITNESS WHEREOF, THE PARTIES HERETO HAVE DULY EXECUTED THIS
AGREEMENT THIS _______ DAY OF __________ 19__.
GOVERNMENT OF
__________
BY (NAME TYPED)
(TITLE)
GOVERNMENT OF THE UNITED STATES OF AMERICA
BY (NAME TYPED)
(TITLE)
EXHIBIT A, A2 AND A3
PAYMENT PROCEDURES
THE FOLLOWING PROCEDURES AND CONDITIONS SHALL BE ADHERED TO PRIOR TO
EACH DISBURSEMENT TO BE MADE BY THE GOVERNMENT OF THE UNITED STATES FOR
THE ACCOUNT OF THE GOVERNMENT OF __________.
1. THE SUPPLIER SHALL PREPARE AND SUBMIT TO THE DESIGNATED
REPRESENTATIVES OF THE GOVERNMENT OF __________ IN WASHINGTON, D.C.
INVOICES ON U.S. STANDARD FORM 1034 IN SUFFICIENT NUMBER OF COPIES T
PERMIT THE FORWARDING OF FOUR COPIES TO THE DISBURSING OFFICER
DESIGNATED IN PARAGRAPH 5 BELOW.
2. THE SUPPLIER SHALL INSURE THAT EACH INVOICE IS IN ACCORDANCE WITH
RELEVANT PROVISIONS OF ITS PURCHASE ARRANGEMENT WITH THE GOVERNMENT OF
__________.
3. THE SUPPLIER SHALL ATTACH TO EACH INVOICE A STATEMENT THAT
AUTHORIZED REPRESENTATIVES OF THE GOVERNMENT OF THE UNITED STATES SHALL,
UNTIL THE EXPIRATION OF THREE YEARS AFTER FINAL PAYMENT HEREUNDER, HAVE
ACCESS TO AND THE RIGHT TO EXAMINE ANY DIRECTLY RELATED PERTINENT BOOKS,
DOCUMENTS, PAPERS AND RECORDS OF THE SUPPLIER INVOLVING TRANSACTIONS
RELATING TO THE AFORESAID PURCHASE ARRANGEMENT.
4. TO THE EXTENT THAT ANY INVOICE REQUESTS PAYMENT OF ADVANCES, AS
DISTINGUISHED FROM PAYMENT FO DELIVERY OF DEFENSE ITEMS OR REIMBURSEMENT
IN THE FORM OF PROGRESS PAYMENTS FOR WORK OR SERVICES PERFORMED, THE
SUPPLIER SHALL ATTACH TO THE INVOICE A STATEMENT SETTING FORTH THE
UNDERTAKING OF TH SUPPLIER THAT THE FULL AMOUNT OF THE ADVANCE WILL BE
MAINTAINED BY THE SUPPLIER IN A SEGREGATED ACCOUNT WHICH WILL BE APPLIED
SOLELY TO THE PERFORMANCE OF THE SUPPLIER'S OBLIGATIONS UNDER THE
PURCHASE ARRANGEMENT.
5. THE DESIGNATED REPRESENTATIVE OF THE GOVERNMENT OF __________ IN
WASHINGTON, D.C. SHALL FORWARD SUCH INVOICES TO THE COMPTROLLER, DEFENSE
SECURITY ASSISTANCE AGENCY, THE PENTAGON, WASHINGTON, D.C. 20301.
6. EACH INVOICE SHALL BE ACCOMPANIED BY A CERTIFICATION OF THE
GOVERNMENT OF __________ AS FOLLOWS:
THE GOVERNMENT OF __________ CONFIRMS (THAT THE DEFENSE ITEMS SET
FORTH HEREIN HAVE BEEN SATISFACTORILY RECEIVED BY OR FOR THE GOVERNMENT
OF __________) (THAT THE WORK OR SERVICES FOR WHIC PROGRESS PAYMENTS ARE
REQUESTED HAVE BEEN SATISFACTORILY RENDERED) (THAT PAYMENT IS OTHERWISE
DUE) UNDER ITS PURCHASE ARRANGEMENT OF (DATE) FOR THE PURCHASE OF
DEFENSE ITEMS FROM SUPPLIER, AND CERTIFIES THAT THE BILL IS CORRECT AND
JUST AND THAT PAYMENT THEREFOR HAS NOT BEEN MADE. PAYMENT O THIS
INVOICE IS REQUESTED BY THE MINISTRY OF DEFENSE OF THE GOVERNMENT OF
__________ PURSUANT TO TH TERMS OF THE CREDIT AGREEMENT OF __________
BETWEEN THE GOVERNMENT OF __________ AND THE GOVERNMENT OF THE UNITED
STATES OF AMERICA. THE GOVERNMENT OF __________ CONFIRMS THAT SAID
PURCHASE ARRANGEMENT IS ONE OF THE PURCHASE ARRANGEMENTS AUTHORIZED BY
THE DEPARTMENT OF DEFENSE OF THE UNITED STATES OF AMERICA PURSUANT TO
THE AFORESAID CREDIT AGREEMENT OF __________ AND FURTHER CONFIRMS THAT
THE CUMULATIVE TOTAL OF THIS INVOICE AND INVOICES PREVIOUSLY PAID BY THE
GOVERNMENT O THE UNITED STATES AGAINST SAID PURCHASE ARRANGEMENT DOES
NOT EXCEED THE AGGREGATE CREDIT CEILING ESTABLISHED BY THE GOVERNMENT OF
THE UNITED STATES FOR THE SAID PURCHASE ARRANGEMENT.
GOVERNMENT OF
__________
BY (NAME TYPED)
(TITLE)
EXHIBIT B, B2 AND B3
PROMISSORY NOTE
U.S. $__________, NEW YORK, N.Y.
FOR VALUE RECEIVED, THE UNDERSIGNED, THE GOVERNMENT OF __________
(HEREIN CALLED "__________"), HEREBY PROMISES TO PAY TO THE ORDER OF THE
GOVERNMENT OF THE UNITED STATES OF AMERICA (HEREIN CALLE "UNITED
STATES") THE PRINCIPAL SUM OF __________ UNITED STATES DOLLARS (U.S.
$__________) AS FOLLOWS:
TOGETHER WITH INTEREST ON ANY AND ALL AMOUNTS REMAINING UNPAID
HEREUNDER FROM TIME TO TIME FROM THE DATE HEREOF UNTIL THIS NOTE SHALL
BE PAID IN FULL, PAYABLE SEMIANNUALLY ON __________ AND __________ OF
EACH YEAR FROM DATE HEREOF AT A RATE DETERMINED FOR PURPOSES HEREOF (AND
INCREASED OR DECREASED FROM TIME TO TIME) IN ACCORDANCE WITH THE CREDIT
AGREEMENT HEREINAFTER REFERRED TO. BOTH PRINCIPAL AND INTEREST SHALL BE
PAYABLE IN LAWFUL MONEY OF THE UNITED STATES OF AMERICA TO THE
COMPTROLLER, DEFENSE SECURITY ASSISTANCE AGENCY, ATTENTION: FINANCE AND
ACCOUNTING DIVISION, THE PENTAGON, WASHINGTON, D.C. 20301. ALL PAYMENTS
MADE ON ACCOUNT OF THE PRINCIPAL AMOUNT REMAINING UNPAID HEREUNDER SHALL
BE ENDORSED BY THE HOLDER ON THE REVERSE SIDE OF THIS NOTE.
WHENEVER ANY PAYMENT TO BE MADE SHALL BE DUE ON A SATURDAY, SUNDAY,
OR A PUBLIC HOLIDAY UNDER THE LAWS OF THE GOVERNMENT OF THE UNITED
STATES, SUCH PAYMENT MAY BE MADE ON THE NEXT SUCCEEDING BUSINESS DAY,
AND SUCH EXTENSION OF TIME SHALL IN SUCH CASE BE INCLUDED IN COMPUTING
INTEREST IN CONNECTION WITH SUCH PAYMENT BUT EXCLUDED FROM THE NEXT
INTEREST PERIOD.
THIS NOTE IS ONE OF THE NOTES REFERRED TO IN THE CREDIT AGREEMENT OF
__________ BETWEEN THE GOVERNMENT OF __________ AND THE GOVERNMENT OF
THE UNITED STATES OF AMERICA. IT IS ENTITLED TO THE BENEFITS OF THE
SAID CREDIT AGREEMENT AND MAY BE PREPAID ON ANY INTEREST PAYMENT DATE.
PREPAYMENTS SHALL BE APPLIED TO THE INSTALLMENTS HEREOF IN THE INVERSE
ORDER OF THEIR MATURITY. ALL PAYMENTS O PRINCIPAL AND INTEREST ON THIS
NOTE ARE PAYABLE IN LAWFUL MONEY OF THE UNITED STATES OF AMERICA AND IN
IMMEDIATELY AVAILABLE FUNDS, FREE AND CLEAR OF, AND WITHOUT DEDUCTION
FOR, ANY TAXES, LEVIES, IMPOSTS, DEDUCTIONS, AND WITHHOLDINGS WHATSOEVER
NOW OR HEREAFTER IMPOSED, LEVIED, COLLECTED OR ASSESSED WITH RESPECT
THERETO BY ANY CENTRAL OR LOCAL AUTHORITY OF __________ AND SHALL BE
PAID FRE FROM ALL RESTRICTIONS OF ANY CENTRAL OR LOCAL AUTHORITY OF
__________.
__________ AGREES TO PAY ALL OUT-OF-POCKET COSTS AND EXPENSES IN
CONNECTION WITH COLLECTION AFTER DEFAULT OF THIS NOTE (INCLUDING THE
REASONABLE FEES AND OUT-OF-POCKET EXPENSES OF COUNSEL) AS WELL AS ALL
STAMP AND SIMILAR TAXES, IF ANY, NOW OR HEREAFTER IN EFFECT, AND TO SAVE
THE HOLDER OF THE NOTE HARMLESS FROM ANY AND ALL LIABILITIES WITH
RESPECT TO OR RESULTING FROM ANY DELAY OR OMISSION TO PAY SUCH TAXES.
GOVERNMENT OF __________
BY (NAME TYPED)
(TITLE)
EXHIBIT C
PRINCIPAL REPAYMENT SCHEDULE*
THE FIRST $__________ OF DISBURSEMENTS ARE REPAYABLE ON __________
THE NEXT $__________ OF DISBURSEMENTS ARE REPAYABLE ON __________
THE NEXT $__________ OF DISBURSEMENTS ARE REPAYABLE ON __________
THE NEXT $__________ OF DISBURSEMENTS ARE REPAYABLE ON __________
THE NEXT $__________ OF DISBURSEMENTS ARE REPAYABLE ON __________
THE NEXT $__________ OF DISBURSEMENTS ARE REPAYABLE ON __________
THE NEXT $__________ OF DISBURSEMENTS ARE REPAYABLE ON __________
THE NEXT $__________ OF DISBURSEMENTS ARE REPAYABLE ON __________
THE NEXT $__________ OF DISBURSEMENTS ARE REPAYABLE ON __________
THE LAST $__________ OF DISBURSEMENTS ARE REPAYABLE ON __________
*THE AMOUNTS AND DATES OF PRINCIPAL INSTALLMENT REPAYMENTS ARE
SUBJECT TO THE PROVISIONS OF THE INTERIM CREDIT AGREEMENT OF __________
BETWEEN THE BORROWER AND THE LENDER.
ANNEX B, B2 THRU B14
MODEL LOAN AGREEMENT
LOAN AGREEMENT MADE AND ENTERED INTO THE __________ DAY OF
__________, 1974, BETWEEN THE GOVERNMENT OF __________ (HEREINAFTER
SOMETIMES REFERRED TO AS THE "BORROWER") AND __________, (HEREINAFTER
SOMETIMES REFERRED TO AS THE "UNDERSIGNED").
WHEREAS BY PUBLIC NOTICE (WHICH NOTICE IS INCORPORATED IN THIS
AGREEMENT AS IF FULLY SET FORTH HEREIN) THE SECRETARY OF THE TREASURY
HAS INVITED BIDS ON A LOAN IN THE AMOUNT OF $__________ TO TH BORROWER
AT THE LOWEST BASIS COST OF MONEY;
WHEREAS THE UNDERSIGNED HAS SUBMITTED A BID IN THE AMOUNT OF
$__________, FOR THE HEREINAFTER MOR FULLY DESCRIBED LOAN AT AN ANNUAL
INTEREST RATE OF _____ PERCENT PER ANNUM, PAYABLE SEMI-ANNUALLY;
NOW THEREFORE, IN CONSIDERATION OF THE PREMISES AND OF THE MUTUAL
COVENANTS HEREINAFTER SET FORTH THE PARTIES HERETO AGREE AS FOLLOWS:
SECTION 1. COMMITMENT.
1.1 SUBJECT TO THE TERMS AND CONDITIONS OF THIS LOAN AGREEMENT THE
UNDERSIGNED AGREES TO MAKE LOANS TO THE BORROWER AT ANY TIME AND FROM
TIME TO TIME FROM THE DATE OF THIS LOAN AGREEMENT TO AND INCLUDING
__________, OR SUCH EARLIER DATE AS THE ENTIRE LOAN OFFERED HEREIN BY
THE UNDERSIGNED SHALL HAVE AVAILED OF, IN AN AGGREGATE PRINCIPAL AMOUNT
UP TO THE AMOUNT OF __________ U.S. DOLLARS (U.S. $__________).
1.2 EACH BORROWING HEREUNDER SHALL BE MADE ON SUCH DATE (HEREINAFTER
REFERRED TO AS A "DISBURSEMENT DATE") AS MAY BE DESIGNATED BY THE
BORROWER UPON THREE (3) BUSINESS DAYS' WRITTEN NOTICE FROM THE BORROWER
TO THE UNDERSIGNED. THE INITIAL BORROWING HEREUNDER SHALL BE MADE PRIOR
T __________, 19__. EXCEPT FOR THE LAST BORROWING, EACH SUCH NOTICE
SHALL REQUEST A BORROWING AGGREGATING AT LEAST __________ (U.S.
$__________).
EACH NOTICE REQUESTING DISBURSEMENT (A) SHALL SPECIFY THE AMOUNT OF
THE LOAN TO BE MADE BY THE UNDERSIGNED ON THE DISBURSEMENT DATE; (B)
SHALL BE DELIVERED TO THE UNDERSIGNED AT ITS ADDRESS SET FORTH IN
SECTION 7.3 HEREOF; (C) SHALL SPECIFY THE ACCOUNT OF THE BORROWER AT
SUCH BANK TO WHICH TH PROCEEDS OF EACH LOAN ARE TO BE CREDITED; AND (D)
SHALL HAVE ANNEXED THERETO THE DOCUMENTATION SET FORTH IN EXHIBIT A
(DISBURSEMENT PROCEDURES) ANNEXED HERETO.
1.3 THE BORROWER HEREBY AGREES TO PAY TO THE UNDERSIGNED A COMMITMENT
FEE COMPUTED AT THE RATE O ONE-QUARTER OF ONE PERCENT (1/4%) PER ANNUM
ON THE DAILY AVERAGE UNUSED AMOUNT OF THE COMMITMENT FROM __________ TO
AND INCLUDING __________ (OR SUCH EARLIER DATE AS THE ENTIRE COMMITMENT
OF THE UNDERSIGNED SHALL HAVE BEEN AVAILED OF). SUCH COMMITMENT FEE
SHALL BE CALCULATED ON A 365-DAY BASI AND ACTUAL DAYS ELAPSED.
1.4 THE UNDERSIGNED MAY SELL PARTICIPATIONS IN THE LOAN TO LEGAL
ENTITIES DOING BUSINESS IN THE UNITED STATES.
1.5 AT THE TIME AT WHICH THE BORROWER SHALL SEND THE NOTICES REQUIRED
BY SECTION 1.2 ABOVE TO TH UNDERSIGNED IT SHALL DELIVER THERETO A
PROMISSORY NOTE (WHICH SHALL BE SUBSTANTIALLY IN THE FORM OF EXHIBIT B
ANNEXED HERETO (WITH THE BLANKS APPROPRIATELY FILLED IN)) EVIDENCING THE
OBLIGATION OF TH BORROWER TO REPAY THE AMOUNT OF THE LOAN FROM THE
UNDERSIGNED WITH INTEREST THEREON AS HEREINAFTER SET FORTH. UPON
REQUEST BY THE UNDERSIGNED AT ANY TIME, THE BORROWER SHALL DELIVER TO
THE UNDERSIGNED, IN PLACE OF ANY SUCH PROMISSORY NOTE, TWO OR MORE
SEPARATE PROMISSORY NOTES IN SUCH AMOUNTS, AGGREGATING NOT MORE THAN THE
AMOUNT OF THE NOTE SUCH NOTES SHALL REPLACE, AS SHALL BE SPECIFIED BY
THE UNDERSIGNED. THE PROMISSORY NOTES HEREINABOVE REFERRED TO ARE
HEREINAFTER REFERRE TO AS THE "NOTES" AND INDIVIDUALLY AS A "NOTE".
SECTION 2. REPAYMENT.
2.1 THE BORROWER HEREBY AGREES:
(A) TO PAY INTEREST ON THE OUTSTANDING BALANCE OF THE PRINCIPAL OF
THE LOANS MADE UNDER THIS LOA AGREEMENT ON A FIXED SEMI-ANNUAL BASIS,
SUCH INTEREST PAYMENTS TO BEGIN __________, 19__, AND THEREAFTER ON
__________, 19__, AND EACH __________ AND __________. FOLLOWING, UNTIL
THE ENTIRE PRINCIPAL OF THE LOANS SHALL HAVE BEEN REPAID; AND
(B) TO REPAY THE PRINCIPAL OF THE LOANS MADE UNDER THIS LOAN
AGREEMENT IN ACCORDANCE WITH THE PRINCIPAL REPAYMENT SCHEDULE SET FORTH
IN EXHIBIT C ANNEXED HERETO.
(I) IF ON ANY INSTALLMENT REPAYMENT DATE SET FORTH IN THE PRINCIPAL
REPAYMENT SCHEDULE THE BORROWER SHALL NOT HAVE AVAILED ITSELF OF THE
COMMITMENT OF THE UNDERSIGNED IN AN AGGREGATE AMOUNT (LESS REPAYMENTS
PREVIOUSLY MADE) EQUAL TO THE AGGREGATE INSTALLMENT OF PRINCIPAL WHICH
IS REPAYABL ON SUCH DATE TO THE UNDERSIGNED, THE BORROWER SHALL, ON SUCH
INSTALLMENT REPAYMENT DATE, REPAY TO THE UNDERSIGNED THE FULL AMOUNT
(LESS REPAYMENTS PREVIOUSLY MADE) TO WHICH IT HAS AVAILED ITSELF OF THE
COMMITMENT OF THE UNDERSIGNED TO SUCH DATE, TOGETHER WITH THE INTEREST
ACCRUED THEREON. IF AT ANY TIME THEREAFTER THE BORROWER SHALL AVAIL
ITSELF OF THE COMMITMENT OF THE UNDERSIGNED IN AN AMOUNT WHICH WOULD
HAVE BEEN PAYABLE ON A PRIOR INSTALLMENT REPAYMENT DATE BUT FOR THE
PROVISIONS O THE IMMEDIATELY PRECEDING SENTENCE, SUCH AMOUNT, TOGETHER
WITH INTEREST ACCRUED THEREON, SHALL BE REPAYABLE ON THE NEXT SUCCEEDING
INSTALLMENT DATE OF THE PRINCIPAL REPAYMENT SCHEDULE OCCURRING AFTER THE
DISBURSEMENT OF SUCH AMOUNT AND THE SAID AGGREGATE INSTALLMENT OF
PRINCIPAL REPAYABLE UNDER THE PRINCIPAL REPAYMENT SCHEDULE TO THE
UNDERSIGNED ON THAT DATE SHALL BE INCREASED BY SUCH AMOUNT.
(II) IF BY THE DATE SPECIFIED IN PARAGRAPH 1.1 ABOVE, THE BORROWER
SHALL NOT HAVE AVAILED ITSELF OF THE ENTIRE AMOUNT OF THE COMMITMENT,
THE INSTALLMENTS OF PRINCIPAL REPAYABLE TO THE UNDERSIGNED SET FORTH IN
THE PRINCIPAL REPAYMENT SCHEDULE SHALL BE REDUCED IN THE INVERSE ORDER
OF THE MATURITY THEREOF TO THE EXTENT OF THE UNUSED BALANCE OF THE
COMMITMENT.
2.2 THE UNDERSIGNED MAY SELL OR ASSIGN, AT ANY TIME, IN WHOLE OR IN
PART, ANY ONE OR MORE OF THE NOTES AND/OR ITS RIGHTS TO RECEIVE
REPAYMENTS.
2.3 EACH NOTE SHALL BE DATED THE DISBURSEMENT DATE OF THE LOAN WHICH
SUCH NOTE EVIDENCES AND SHALL BEAR INTEREST AT A RATE OF __________
PERCENT (_____%) PER ANNUM ON THE UNPAID PRINCIPAL AMOUNT OF SUCH NOTE
UNTIL SUCH AMOUNT SHALL BE PAID IN FULL. SUCH INTEREST ON EACH NOTE
SHALL BE PAYABLE WITH THE PRINCIPAL AS PROVIDED IN 2.1. THE NOTES SHALL
BE COMPLETED BY THE BORROWER IN SUC A MANNER THAT REPAYMENT OF SUCH
LOANS SHALL BE MADE IN THE ORDER OF THEIR DISBURSEMENT, UTILIZING THE
PRINCIPAL REPAYMENT SCHEDULE SET FORTH IN EXHIBIT C (AS THE SAME MAY BE
ADJUSTED IN ACCORDANCE WITH SECTIONS 2.1(B)(I) AND 2.1(B)(II) HEREOF),
AND, IN DETERMINING WHETHER A PARTICULAR LOAN IS PAYABLE IN ONE OR MORE
INSTALLMENTS, UTILIZING A PARTICULAR INSTALLMENT PAYMENT DATE ONLY AFTER
THE FULL UTILIZATION OF THE NEXT PRECEDING INSTALLMENT DATE.
2.4 THE BORROWER MAY, WITH THE PRIOR WRITTEN CONSENT OF THE
UNDERSIGNED, WHICH CONSENT WILL NOT BE UNREASONABLY WITHHELD, PREPAY ANY
OF THE NOTES HELD BY THE UNDERSIGNED, IN WHOLE OR IN PART, ON ANY
PRINCIPAL REPAYMENT DATE, WITH ACCRUED INTEREST TO THE DATE OF SUCH
PREPAYMENT ON THE AMOUNT PREPAID.
2.5 WHENEVER ANY PAYMENTS HEREUNDER OR UNDER ANY NOTE SHALL BE DUE ON
A SATURDAY, SUNDAY OR PUBLIC HOLIDAY UNDER THE LAWS OF THE DISTRICT OF
COLUMBIA, SUCH PAYMENT MAY BE MADE ON THE NEXT SUCCEEDING BUSINESS DAY,
AND SUCH EXTENSION OF TIME SHALL, IN SUCH CASE, BE INCLUDED IN COMPUTING
INTEREST IN CONNECTION WITH SUCH PAYMENT, BUT EXCLUDED FROM THE NEXT
INTEREST PERIOD.
2.6 ALL PAYMENTS BY THE BORROWER TO THE UNDERSIGNED UNDER THIS LOAN
AGREEMENT AND ON THE NOTES, INCLUDING WITHOUT LIMITATION PAYMENTS OF
PRINCIPAL OF, AND INTEREST ON, THE NOTES AND PAYMENT OF AN COMMITMENT
FEES OR OTHER FEES OR EXPENSES HEREUNDER, SHALL BE PAYABLE TO THE
UNDERSIGNED AT THE ADDRESS SET FORTH IN SECTION 7.3 HEREOF IN U.S.
DOLLARS AND IN IMMEDIATELY AVAILABLE FUNDS.
SECTION 3. REPRESENTATIONS AND WARRANTIES.
THE UNDERSIGNED HAS ENTERED INTO THIS LOAN AGREEMENT AND WILL MAKE
THE LOANS PROVIDED FOR HEREIN ON THE BASIS OF THE FOLLOWING
REPRESENTATIONS AND WARRANTIES OF THE BORROWER:
3.1 THE BORROWER HAS FULL POWER, AUTHORITY AND LEGAL RIGHT TO INCUR
THE INDEBTEDNESS CONTEMPLATE IN THIS LOAN AGREEMENT ON THE TERMS AND
CONDITIONS CONTAINED HEREIN, AND TO EXECUTE, DELIVER AND PERFORM THIS
LOAN AGREEMENT AND THE NOTES;
3.2 THE EXECUTION, DELIVERY AND PERFORMANCE OF THIS LOAN AGREEMENT
AND THE NOTES WILL NOT VIOLAT ANY PROVISIONS OF, AND HAVE BEEN DULY AND
VALIDLY AUTHORIZED UNDER, THE LAWS OF THE BORROWER, AND ALL ACTIONS
NECESSARY TO AUTHORIZE THE BORROWINGS HEREUNDER AND THE EXECUTION,
DELIVERY AND PERFORMANCE OF THIS LOAN AGREEMENT AND THE NOTES HAVE BEEN
DULY TAKEN; AND
3.3 THIS LOAN AGREEMENT HAS BEEN, AND EACH OF THE NOTES WHEN ISSUED
WILL BE, DULY EXECUTED AND DELIVERED BY PERSONS THEREUNTO DULY
AUTHORIZED, AND THIS LOAN AGREEMENT CONSTITUTES, AND EACH OF TH NOTES
WHEN ISSUED WILL CONSTITUTE, THE VALID LEGALLY BINDING, DIRECT AND
UNCONDITIONAL GENERAL OBLIGATION OF THE BORROWER, ENFORCEABLE IN
ACCORDANCE WITH ITS RESPECTIVE TERMS.
SECTION 4. CONDITIONS OF LENDING.
4.1 THE OBLIGATION OF THE UNDERSIGNED TO MAKE THE INITIAL LOAN TO BE
MADE BY IT HEREUNDER IS SUBJECT TO THE CONDITION PRECEDENT THAT, PRIOR
TO THE FIRST DISBURSEMENT DATE, IT SHALL HAVE RECEIVED AN OPINION IN THE
ENGLISH LANGUAGE OF THE ATTORNEY GENERAL OF THE GOVERNMENT OF __________
DATED THE DATE OF THE INITIAL DISBURSEMENT DATE, TO THE SAME EFFECT AS
SECTION 3.1, 3.2, AND 3.3 HEREOF, AND TO THE FURTHER EFFECT THAT
SPECIFIED OFFICIALS OF THE BORROWER IDENTIFIED BY NAME AND TITLE IN SUCH
OPINION ARE DULY AUTHORIZED TO EXECUTE AND DELIVER THIS LOAN AGREEMENT,
THE NOTES AND SUCH OTHER DOCUMENTS AS MAY BE REQUIRED HEREUNDER ON
BEHALF OF THE BORROWER, TO ESTABLISH AND DRAW UPON AN ACCOUNT OF THE
BORROWER AT THE BANK TO WHICH ACCOUNT THE UNDERSIGNED SHALL DISBURSE THE
PROCEEDS OF ALL BORROWINGS HEREUNDER, AND TO CERTIFY TO SUCH BANK ON
BEHALF OF THE BORROWER THE IDENTITY, NAMES AND TITLES OF ANY OTHER OR
ADDITIONAL OFFICIALS OF THE BORROWER WHO THEREAFTER MAY BE SO
AUTHORIZED.
4.2 THE OBLIGATION OF THE UNDERSIGNED TO MAKE THE INITIAL LOAN TO BE
MADE BY IT HEREUNDER IS SUBJECT TO THE FURTHER CONDITIONS PRECEDENT
THAT, PRIOR TO THE FIRST DISBURSEMENT, IT SHALL HAVE RECEIVED:
(A) THE GUARANTY OF THE UNITED STATES (THE "GUARANTY"), EXECUTED BY
THE DEPARTMENT OF DEFENSE, GUARANTYING IT AGAINST ALL POLITICAL AND
CREDIT RISKS OF NONPAYMENT OF THE OBLIGATIONS OF THE BORROWER TO THE
UNDERSIGNED HEREUNDER (INCLUDING THE ENTIRE AMOUNT OF THE PRINCIPAL
LOANED BY THE UNDERSIGNED HEREUNDER AND INTEREST THEREON AT THE RATE
DETERMINED AS SPECIFIED HEREIN, BUT EXCLUDIN ANY AMOUNTS OWING FOR
COMMITMENT FEES OR OTHER FEES OR EXPENSES), UP TO A MAXIMUM AGGREGATE
LIABILITY TO THE UNDERSIGNED UNDER THE GUARANTY ON THE PART OF THE
UNITED STATES OF $__________ DOLLARS (U.S. $__________), PURSUANT TO THE
FOREIGN MILITARY SALES ACT (PL 90-629) AS AMENDED (HEREINAFTER CALLED
"THE ACT"); AND
(B) AN OPINION OF THE GENERAL COUNSEL OF DOD, TO THE EFFECT THAT (I)
DOD HAS FULL POWER, AUTHORITY AND LEGAL RIGHT TO EXECUTE, DELIVER AND
PERFORM THE GUARANTY, (II) THE GUARANTY HAS BEEN EXECUTED IN ACCORDANCE
WITH AND PURSUANT TO THE TERMS AND PROVISIONS OF THE ACT AND DOD HAS
NOT, IN ISSUING THE GUARANTY, EXCEEDED THE MAXIMUM AMOUNT OF GUARANTIES
AUTHORIZED TO BE ISSUED UNDER THE ACT, (III) THE GUARANTY HAS BEEN DULY
EXECUTED AND DELIVERED BY A DULY AUTHORIZED REPRESENTATIVE OF DOD, AND
(IV) THE GUARANTY CONSTITUTES THE VALID AND LEGALLY BINDING OBLIGATION
OF THE UNITED STATES, ENFORCEABLE IN ACCORDANCE WITH THE TERMS THEREOF
AND BACKED BY THE FULL FAITH AND CREDIT OF THE UNITED STATES.
4.3 THE OBLIGATION OF THE UNDERSIGNED TO MAKE ANY LOAN TO BE MADE BY
IT HEREUNDER, INCLUDING THE INITIAL LOAN, IS SUBJECT TO THE FURTHER
CONDITIONS PRECEDENT THAT:
(A) NO EVENT OF DEFAULT WITHIN THE MEANING OF SECTION 6 OF THIS LOAN
AGREEMENT, AND NO OTHER DEFAULT WITH RESPECT TO ANY OF THE NOTES, SHALL
HAVE OCCURRED;
(B) THE UNDERSIGNED SHALL HAVE RECEIVED A NOTE OR NOTES PAYABLE TO
ITS ORDER (OR TO THE ORDER OF SUCH OTHER PERSON OR PERSONS AS THE
UNDERSIGNED MAY SPECIFY) IN THE AMOUNT OF THE PARTICULAR LOAN, EXECUTED
BY THE DULY AUTHORIZED REPRESENTATIVES OF THE BORROWER;
(C) THE UNDERSIGNED SHALL HAVE RECEIVED THE DOCUMENTATION SPECIFIED
IN EXHIBIT A ANNEXED HERETO, EXECUTED BY THE DULY AUTHORIZED
REPRESENTATIVES OF THE BORROWER; AND
(D) ALL LEGAL MATTERS INCIDENT TO THE GUARANTY AND THE TRANSACTIONS
CONTEMPLATED BY THIS LOAN AGREEMENT SHALL BE SATISFACTORY TO THE COUNSEL
OF THE UNDERSIGNED.
SECTION 5. COVENANTS.
THE BORROWER COVENANTS AND AGREES THAT FROM AND AFTER THE DATE OF
THIS LOAN AGREEMENT AND SO LONG AS ANY AMOUNTS REMAIN UNPAID ON ACCOUNT
OF THE NOTES OR OTHERWISE UNDER THIS LOAN AGREEMENT:
(A) ALL PAYMENTS ON ACCOUNT OF THE PRINCIPAL OF, AND INTEREST ON, THE
NOTES, COMMITMENT FEES AND OTHER FEES AND EXPENSES SHALL BE MADE FREE
AND CLEAR OF AND WITHOUT DEDUCTION FOR, ANY AND ALL TAXES, LEVIES,
IMPOSTS, DUTIES, FEES, CHARGES, DEDUCTIONS, WITHHOLDINGS, RESTRICTIONS
OR CONDITIONS OF ANY NATURE WHATSOEVER NOW OR HEREAFTER IMPOSED, LEVIED,
COLLECTED OR ASSESSED WITH RESPECT THERETO BY THE BORROWER OR ANY
CENTRAL OR LOCAL AUTHORITY THEREOF OR THEREIN;
(B) ANY CLAIM WHICH IT MAY NOW OR HEREAFTER HAVE AGAINST ANY PERSON,
CORPORATION, FIRM OR ASSOCIATION OR OTHER ENTITY (INCLUDING WITHOUT
LIMITATION, THE UNITED STATES, DOD, ANY BANK, ANY ASSIGNEE OF ANY BANK,
AND ANY SUPPLIER OF THE DEFENSE ITEMS) IN CONNECTION WITH ANY
TRANSACTION, FO ANY REASON WHATSOEVER, SHALL NOT AFFECT THE OBLIGATION
OF THE BORROWER TO MAKE THE PAYMENTS REQUIRE TO BE MADE TO THE
UNDERSIGNED UNDER THIS LOAN AGREEMENT, OR UNDER THE NOTES, AND SHALL NOT
BE USED OR ASSERTED AS A DEFENSE TO THE PAYMENT OF SUCH OBLIGATION OR AS
A SETOFF, COUNTERCLAIM, OR DEDUCTION AGAINST SUCH PAYMENTS;
(C) IT WILL PAY ANY AND ALL STAMP TAXES AND OTHER TAXES OF SIMILAR
CHARACTER, IF ANY, NOW OR HEREAFTER IN EFFECT, IMPOSED WITH RESPECT TO
THIS LOAN AGREEMENT OR THE NOTES (INCLUDING, WITHOUT LIMITATION, ANY
UNITED STATES INTEREST EQUALIZATION TAX OR SIMILAR FUTURE TAX), AND WILL
SAVE THE HOLDER OF ANY NOTE HARMLESS FROM ANY AND ALL LOSSES OR
LIABILITIES WITH RESPECT TO OR RESULTING FRO ANY DELAY OR OMISSION TO
PAY SUCH TAXES.
(D) ANY LEGAL ACTION OR PROCEEDING AGAINST IT BY THE UNDERSIGNED WITH
RESPECT TO THIS LOAN AGREEMENT OR THE NOTES MAY BE BROUGHT IN THE
SUPERIOR COURT OF THE DISTRICT OF COLUMBIA OR IN THE UNITED STATES
DISTRICT COURT FOR THE DISTRICT OF COLUMBIA OR IN THE COURTS OF THE
BORROWER, AS THE UNDERSIGNED MAY ELECT, AND BY EXECUTION AND DELIVERY OF
THIS LOAN AGREEMENT, THE BORROWER SUBMITS T EACH SUCH JURISDICTION. IN
THE CASE OF THE SUPERIOR COURT OF THE DISTRICT OF COLUMBIA OR OF THE
UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA, THE BORROWER
CONSENTS TO THE SERVICE OF PROCESS OUT OF SAID COURTS BY MAILING COPIES
OF SUCH PROCESS BY REGISTERED UNITED STATES MAIL, POSTAGE PAID, TO IT AT
ITS ADDRESS SET FORTH IN SECTION 7.3 HEREOF; AND
(E) ALL LOANS MADE HEREUNDER SHALL BE UTILIZED SOLELY FOR THE
PROCUREMENT OF THE DEFENSE ITEMS PURSUANT TO PURCHASE ARRANGEMENTS
AUTHORIZED BY DOD.
SECTION 6. DEFAULTS.
UPON THE OCCURRENCE OF ANY OF THE FOLLOWING EVENTS OR DEFAULT:
(A) IF THE BORROWER FAILS FOR A PERIOD OF TEN (10) DAYS TO MAKE ANY
PAYMENT OF PRINCIPAL OF, OR INTEREST ON, ANY NOTE OR OF ANY COMMITMENT
FEE HEREUNDER, WHEN DUE; OR
(B) IF ANY REPRESENTATION OR WARRANTY MADE BY THE BORROWER HEREIN OR
IN ANY CERTIFICATE FURNISHE BY THE BORROWER PURSUANT HERETO, PROVES TO
BE AT ANY TIME INCORRECT IN ANY MATERIAL RESPECT; OR
(C) IF THE BORROWER DEFAULTS IN THE PERFORMANCE OF ANY OTHER TERM,
COVENANT OR AGREEMENT CONTAINED IN THIS LOAN AGREEMENT, AND SUCH DEFAULT
SHALL CONTINUE UNREMEDIED FOR THIRTY (30) DAYS AFTER WRITTEN NOTICE
THEREOF SHALL HAVE BEEN GIVEN TO THE BORROWER BY THE UNDERSIGNED;
THEN, AND IN ANY SUCH EVENT, THE HOLDER OF ANY NOTE MAY DECLARE
IMMEDIATELY DUE AND PAYABLE THE UNPAID PRINCIPAL OF, AND ACCRUED
INTEREST ON, ALL NOTES HELD BY SUCH HOLDER AND SUCH AMOUNTS SHALL BECOME
IMMEDIATELY DUE AND PAYABLE WITHOUT PROTEST, PRESENTMENT, NOTICE OR
OTHER DEMAND OF ANY KIND ALL OF WHICH ARE HEREBY EXPRESSLY WAIVED BY THE
BORROWER, AND THE UNDERSIGNED MAY TERMINATE ITS COMMITMENT HEREUNDER.
SECTION 7. MISCELLANEOUS.
7.1 UPON THE EXECUTION OF THIS LOAN AGREEMENT, THE BORROWER SHALL PAY
TO THE UNDERSIGNED THE AGGREGATE SUM OF $__________ IN PAYMENT OF THE
FEE CHARGED BY DOD WITH RESPECT TO THE GUARANTY.
7.2 NO FAILURE TO EXERCISE AND NO DELAY IN EXERCISING ON THE PART OF
THE UNDERSIGNED, ANY RIGHT, POWER OR PRIVILEGE HEREUNDER SHALL OPERATE
AS A WAIVER THEREOF, NOR SHALL ANY SINGLE OR PARTIAL EXERCISE OF ANY
RIGHT, POWER OR PRIVILEGE PRECLUDE ANY OTHER OR FURTHER EXERCISE
THEREOF, OR THE EXERCISE OF ANY OTHER POWER OR RIGHT. THE RIGHTS AND
REMEDIES HEREIN PROVIDED ARE CUMULATIVE AND NOT EXCLUSIVE OF ANY RIGHTS
OR REMEDIES PROVIDED IN THIS LOAN AGREEMENT.
7.3 EXCEPT AS OTHERWISE PROVIDED IN THIS LOAN AGREEMENT, ALL NOTICES,
REQUESTS OR DEMANDS HEREUNDER SHALL BE DEEMED TO HAVE BEEN GIVEN OR MADE
UPON THE MAILING OF THE SAME BY AIR MAIL, POSTAGE PREPAID, OR IN THE
CASE OF TELEGRAPHIC NOTICE, ON DELIVERY TO THE TELEGRAPH COMPANY,
ADDRESSED IN THE CASE OF THE BORROWER TO THE EMBASSY OF THE GOVERNMENT
OF __________, IN WASHINGTON D.C., AND IN THE CASE OF THE UNDERSIGNED TO
__________ OR TO SUCH OTHER ADDRESSES AS ANY PARTY MAY FROM TIME TO TIME
HEREAFTER DESIGNATE IN WRITING TO THE OTHER.
7.4 THIS LOAN AGREEMENT AND THE NOTES SHALL BE CONSTRUED AND
INTERPRETED IN ACCORDANCE WITH THE LAWS OF THE DISTRICT OF COLUMBIA,
UNITED STATES OF AMERICA, UNLESS PRIOR TO THE EXECUTION OF THIS LOAN
AGREEMENT AND THE NOTES THE PARTIES HERETO HAVE BY WRITTEN STIPULATION
AGREED THAT THE LAWS OF ANOTHER JURISDICTION OF THE UNITED STATES SHALL
BE APPLIED.
7.5 THIS LOAN AGREEMENT SHALL BE BINDING UPON AND INURE TO THE
BENEFIT OF THE BORROWER AND THE UNDERSIGNED AND THEIR RESPECTIVE
SUCCESSORS AND ASSIGNS, EXCEPT THAT THE BORROWER MAY NOT ASSIGN IT
RIGHTS HEREUNDER WITHOUT THE PRIOR WRITTEN CONSENT OF THE UNDERSIGNED.
ALL AGREEMENTS, COVENANTS, REPRESENTATIONS AND WARRANTIES MADE HEREIN
SHALL SURVIVE THE DELIVERY OF THE NOTES AND THE MAKING OF THE LOANS
HEREUNDER.
7.6 THIS LOAN AGREEMENT MAY BE EXECUTED IN ANY NUMBER OF
COUNTERPARTS, EACH OF WHICH WHEN SO EXECUTED AND DELIVERED SHALL BE AN
ORIGINAL, BUT ALL THE COUNTERPARTS SHALL TOGETHER CONSTITUTE A SINGLE
INSTRUMENT. EXHIBITS A, B AND C ATTACHED HERETO ARE, BY THIS REFERENCE,
MADE A PART OF THIS LOAN AGREEMENT.
7.7 IN CASE ANY ONE OR MORE OF THE PROVISIONS CONTAINED IN THIS LOAN
AGREEMENT OR IN ANY OF THE NOTES SHOULD BE INVALID, ILLEGAL OR
UNENFORCEABLE IN ANY RESPECT, THE VALIDITY, LEGALITY AND ENFORCEABILITY
OF THE REMAINING PROVISIONS CONTAINED HEREIN AND THEREIN SHALL NOT IN
ANY WAY BE AFFECTED OR IMPAIRED THEREBY.
IN WITNESS WHEREOF, THE PARTIES HERETO HAVE CAUSED THIS LOAN
AGREEMENT TO BE EXECUTED AND SEALED BY THEIR DULY AUTHORIZED OFFICERS
AND REPRESENTATIVES ON THE DAY AND YEAR FIRST ABOVE WRITTEN.
(SEAL)
EXHIBIT A AND A2
DISBURSEMENT PROCEDURES
THE FOLLOWING PROCEDURES AND CONDITIONS SHALL BE COMPLIED WITH PRIOR
TO EACH DISBURSEMENT TO BE MADE BY THE UNDERSIGNED TO THE BORROWER:
1. THE DESIGNATED REPRESENTATIVE OF THE GOVERNMENT OF __________
SHALL EXECUTE AND DELIVER EACH REQUEST FOR DISBURSEMENT TO THE
UNDERSIGNED AT ITS ADDRESS SET FORTH IN SECTION 7.3 OF THE FOREGOIN LOAN
AGREEMENT.
2. EACH REQUEST SHALL BE ACCOMPANIED BY A COPY OF THE WRITTEN
COMMUNICATION FROM DOD AUTHORIZING THE BORROWER TO ENTER INTO THE
PURCHASE ARRANGEMENT(S) PURSUANT TO WHICH THE DISBURSEMENT IS REQUESTED.
3. EACH REQUEST ALSO SHALL BE ACCOMPANIED BY A CERTIFICATION OF THE
BORROWER AS FOLLOWS:
THE GOVERNMENT OF __________ CONFIRMS THAT THE PROCEEDS OF THIS
DISBURSEMENT WILL BE APPLIED ENTIRELY TO THE PAYMENT OF AMOUNTS THAT
HAVE BECOME PROPERLY DUE PURSUANT TO THE PURCHASE ARRANGEMENT(S)
AUTHORIZED BY THE DEPARTMENT OF DEFENSE OF THE UNITED STATES OF AMERICA
IN THE ATTACHED WRITTEN COMMUNICATION. THIS DISBURSEMENT IS REQUESTED
BY THE GOVERNMENT OF __________ PURSUANT TO THE TERMS OF THE LOAN
AGREEMENT OF __________ BETWEEN THE GOVERNMENT OF __________ AND THE
UNDERSIGNED, AND CONFIRMS THAT THE SAID PURCHASE ARRANGEMENT(S)
(WAS/WERE) AUTHORIZED BY THE DEPARTMENT OF DEFENSE OF THE UNITED STATES
OF AMERICA PURSUANT TO THE AFORESAID LOAN AGREEMENT. TH GOVERNMENT OF
__________ FURTHER CONFIRMS THAT THE UNDERSIGNED TO WHICH THIS
CERTIFICATION IS ADDRESSED IS AUTHORIZED TO MAKE THIS DISBURSEMENT BY
CREDITING THE AMOUNT THEREOF TO ACCOUNT NUMBER __________, AT SUCH BANK,
AND THAT __________, WHOSE SIGNATURE APPEARS BELOW, IS (AND, UNTIL
FURTHE WRITTEN NOTICE, SHALL CONTINUE TO BE) AUTHORIZED TO DRAW UPON
SUCH ACCOUNT ON BEHALF OF THE GOVERNMENT OF __________.
SIGNATURE OF THE REPRESENTATIVE OF THE GOVERNMENT OF __________ WHO
IS AUTHORIZED TO DRAW UPON IT ACCOUNT: __________
GOVERNMENT OF __________
BY (NAME AND TITLE TYPED)
EXHIBIT B, B2 AND B3
PROMISSORY NOTE
U.S. $__________
FOR VALUE RECEIVED, THE UNDERSIGNED, THE GOVERNMENT OF __________,
HEREBY PROMISES TO PAY TO THE ORDER OF __________, OR ITS ASSIGNS, THE
PRINCIPAL SUM OF __________ UNITED STATES DOLLARS (U.S. $__________) AS
FOLLOWS:
TOGETHER WITH INTEREST ON ANY AND ALL AMOUNTS REMAINING UNPAID
HEREUNDER FROM TIME TO TIME FROM THE DATE HEREOF UNTIL THIS NOTE SHALL
BE PAID IN FULL, PAYABLE SEMIANNUALLY ON __________ AND __________ OF
EACH YEAR FROM THE DATE HEREOF, COMMENCING __________, 197__, AT THE
RATE OF __________ PERCENT (_____%), PER ANNUM. SUCH INTEREST SHALL BE
CALCULATED USING A 365-DAY FACTOR, BOTH PRINCIPAL AND INTEREST TO BE
PAYABLE IN IMMEDIATELY AVAILABLE FUNDS IN LAWFUL MONEY OF THE UNITED
STATES OF AMERICA AT THE OFFICE OF THE PAYEE AT __________, OR AT THE
PRINCIPAL PLACE OF BUSINESS OF THE ASSIGNEE. ALL PAYMENTS MADE ON
ACCOUNT OF THE PRINCIPAL AMOUNT HEREUNDER SHALL BE ENDORSED BY THE
PAYEE, OR ITS ASSIGNS, ON THE REVERSE SIDE OF THIS NOTE.
WHENEVER ANY PAYMENT TO BE MADE SHALL BE DUE ON A SATURDAY, SUNDAY,
OR A PUBLIC HOLIDAY UNDER THE LAWS OF THE DISTRICT OF COLUMBIA, SUCH
PAYMENT SHALL BE MADE ON THE NEXT SUCCEEDING BUSINESS DAY, AND SUCH
EXTENSION OF TIME SHALL IN SUCH CASE BE INCLUDED IN COMPUTING INTEREST
IN CONNECTION WITH SUCH PAYMENT, BUT EXCLUDED FROM THE NEXT INTEREST
PERIOD.
THIS NOTE IS ONE OF THE NOTES REFERRED TO IN THE LOAN AGREEMENT DATED
__________, 197__, BETWEEN THE GOVERNMENT OF __________ AND __________.
IT IS ENTITLED TO THE BENEFITS OF AND MAY BE PREPAID ON THE TERMS AND
CONDITIONS SPECIFIED IN SAID LOAN AGREEMENT. PREPAYMENTS SHALL BE
APPLIED TO THE INSTALLMENTS HEREOF IN THE INVERSE ORDER OF THEIR
MATURITY.
ALL PAYMENTS OF PRINCIPAL OF, AND INTEREST ON, THIS NOTE ARE PAYABLE
FREE AND CLEAR OF, AND WITHOUT DEDUCTION FOR, ANY TAXES, LEVIES,
IMPOSTS, DUTIES, FEES, CHARGES, DEDUCTIONS, WITHHOLDINGS, RESTRICTIONS
OR CONDITIONS OF ANY NATURE WHATSOEVER NOW OR HEREAFTER IMPOSED, LEVIED,
COLLECTED OR ASSESSED WITH RESPECT THERETO BY THE GOVERNMENT OF
__________ OR ANY CENTRAL OR LOCAL AUTHORITY THEREOF OR THEREIN.
UPON THE OCCURRENCE OF ANY EVENT OF DEFAULT SPECIFIED IN SAID LOAN
AGREEMENT, THE ENTIRE UNPAID PRINCIPAL HEREOF AND INTEREST HEREON TO THE
DATE OF PAYMENT MAY BE DECLARED TO BE FORTHWITH DUE AND PAYABLE AS
PROVIDED IN SAID LOAN AGREEMENT. THE GOVERNMENT OF __________ PROMISES
TO PAY ALL OUT-OF-POCKET COSTS AND EXPENSES (INCLUDING THE REASONABLE
FEES AND OUT-OF-POCKET EXPENSES OF COUNSEL) IN CONNECTION WITH
COLLECTION AFTER DEFAULT OF THIS NOTE.
GOVERNMENT OF
BY (NAME AND TITLE TYPED)
(SEAL)
EXHIBIT C
PRINCIPAL REPAYMENT SCHEDULE
THE FIRST $__________ OF DISBURSEMENTS ARE REPAYABLE ON __________
THE NEXT $__________ OF DISBURSEMENTS ARE REPAYABLE ON __________
THE NEXT $__________ OF DISBURSEMENTS ARE REPAYABLE ON __________
THE NEXT $__________ OF DISBURSEMENTS ARE REPAYABLE ON __________
THE NEXT $__________ OF DISBURSEMENTS ARE REPAYABLE ON __________
THE NEXT $__________ OF DISBURSEMENTS ARE REPAYABLE ON __________
THE LAST $__________ OF DISBURSEMENTS ARE REPAYABLE ON __________
TURKEY 27 DEC 1973 FLITE DOCUMENT NO. 7502517
PROTOCOL
TO ESTABLISH AN ACTIVE RELATIONSHIP BETWEEN THE U.S. NAVY AND THE
TURKISH NAVY IN ACCORDANCE WITH THE NORTH ATLANTIC TREATY OF 4 APRIL
1949
PROTOCOL ON THE INTERCHANGE OF NAVAL AVIATION OFFICERS BETWEEN THE
UNITED STATES NAVY AND THE TURKISH NAVY AND THE GENERAL CONDITIONS WHICH
APPLY TO THE INTERCHANGE OF SUCH PERSONNEL
1. THE TURKISH NAVY AND THE UNITED STATES NAVY DO HEREWITH AGREE TO
AN INTERCHANGE OF TWO NAVAL AVIATION OFFICERS FROM EACH SERVICE ON A ONE
TIME BASIS. THE PURPOSE OF THIS PROTOCOL IS TO ESTABLISH AN ACTIVE
RELATIONSHIP BETWEEN THE U.S. NAVY AND THE TURKISH NAVY IN ACCORDANCE
WITH THE NORTH ATLANTIC TREATY OF 4 APRIL 1949 ARTICLE 3 BY WHICH
MARITIME AVIATION EXPERIENCE, PROFESSIONAL KNOWLEDGE AND NAVAL DOCTRINE
OF BOTH SERVICES ARE SHARED TO THE MAXIMUM EXTENT PERMISSIBLE UNDER
EXISTING POLICIES OF THE UNITED STATES AND TURKEY. THE SPECIFIC PROGRAM
OBJECTIVES ARE:
A. TWO TURKISH NAVAL AVIATION OFFICERS WILL BE SENT TO A VT (S-2)
AIRCRAFT SQUADRON AT CORPUS CHRISTI, TEXAS, TO PARTICIPATE IN ASPECTS OF
MARITIME AVIATION TRAINING AND OPERATIONS FOR A PERIOD OF ABOUT TWELVE
MONTHS.
B. TWO UNITED STATES NAVAL AVIATION OFFICERS, ONE OFFICER
SPECIALIZING IN SQUADRON OPERATIONS AN THE OTHER OFFICER SPECIALIZING IN
SQUADRON MAINTENANCE, WILL SERVE WITH THE 301ST TURKISH NAVAL AIR
SQUADRON AT BANDIRMA, TURKEY FOR A PERIOD OF ABOUT 24 MONTHS.
C. DUTIES ARE DETAILED IN PARAGRAPH 4.
2. SELECTION CRITERIA. OFFICERS SELECTED FOR THE PURPOSE STATED
ABOVE SHALL BE THOSE WHO HAVE DEMONSTRATED CAPABILITIES FOR FUTURE
HIGHER COMMAND AND STAFF POSITIONS, WHO ARE WELL VERSED IN THE PRACTICE
AND DOCTRINES OF THEIR SERVICE, AND ARE PARTICULARLY QUALIFIED THROUGH
EXPERIENCE FOR THE POSITIONS WHICH THEY FILL. IN ADDITION THEY SHOULD
HAVE A REASONABLE COMPREHENSION LEVEL OF LOCAL LANGUAGE.
3. TOUR OF DUTY. THE NORMAL TOUR OF DUTY WILL BE DETERMINED BY
PARENT NAVY BUT SHOULD NOT BE LESS THAN ONE YEAR OR MORE THAN THREE
YEARS IN THE COUNTRY. THIS PERIOD MAY BE ADJUSTED BY AGREEMENT. DURING
THE TOUR OF TWO UNITED STATES NAVAL AVIATION OFFICERS IN TURKEY,
COMMANDER TURKISH NAVAL FORCES MAY RELIEVE THE TWO TURKISH NAVAL
AVIATION OFFICERS IN THE UNITED STATES, AND REPLACE PROVIDED THAT THEIR
PERIOD IN THE U.S. IS NOT LESS THAN 12 MONTHS.
4. PERSONNEL WILL BE ASSIGNED DUTIES BY THE HOST SERVICE WHICH ARE
AGREEABLE TO THE PARENT SERVICE. SUCH PERSONNEL SHOULD FUNCTION FULLY
AS A MEMBER OF THE UNIT TO WHICH THEY ARE ASSIGNED BUT MAY NOT SERVE IN
ANY BILLET WHICH IS PROHIBITED BY THE LAWS OR REGULATIONS OF THE HOST
NATION. THE HOST SERVICE WILL UNDERTAKE NOT TO PLACE FOREIGN PERSONNEL
IN DUTY ASSIGNMENTS IN WHICH DIRECT HOSTILITIES WITH FORCES OF THIRD
STATES ARE LIKELY. SHOULD HOSTILITIES OCCUR UNEXPECTEDLY, INVOLVING A
UNIT TO WHICH PERSONNEL ARE ASSIGNED, SUCH PERSONNEL SHOULD NOT BE
EMPLOYED IN THE ACTIVE OPERATIONS OF THE HOSTILITIES WITHOUT PRIOR
APPROVAL FROM THE PARENT SERVICE, EXCEPT IN EXTRAORDINARY CIRCUMSTANCES
IN WHICH COMMUNICATION CANNOT BE REASONABLY ESTABLISHED WITH THE PARENT
SERVICE AND THE FOREIGN PERSONNEL ARE CONSIDERED ESSENTIAL IN THE
OPERATION OF THE UNIT EMPLOYED. IN THE LATTER EXTRAORDINARY
CIRCUMSTANCE, THE HOST SERVICE WILL MAKE EVERY EFFORT TO REMOVE FOREIGN
PERSONNEL FROM ACTIVE PARTICIPATION IN THE HOSTILITIES OF THE UNIT.
5. ADMINISTRATION AND CONTROL. ALL PERSONNEL WILL BE ADMINISTERED
AND CONTROLLED AS PRESCRIBED BY THE PARENT SERVICES:
A. U.S. NAVY PERSONNEL IN TURKEY WILL BE UNDER THE ADMINISTRATION AND
CONTROL OF CHIEF NAVY SECTION, JUSMMAT, ANKARA, TURKEY.
B. TURKISH NAVY PERSONNEL WILL BE UNDER THE ADMINISTRATION AND THE
CONTROL OF THE TURKISH NAVAL ATTACHE, WASHINGTON, D.C.
6. DISCIPLINE. ALL PERSONNEL WILL COMPLY WITH THE REGULATIONS,
ORDERS, INSTRUCTIONS, AND CUSTOM OF THE HOST SERVICE INSOFAR AS THEY ARE
APPLICABLE. PERSONNEL WILL OBEY OFFICERS SENIOR TO THEM IN THE HOST
SERVICE. PERSONNEL COMMITTING AN OFFENSE UNDER THE LAWS OF EITHER THE
PARENT OR THE HOST SERVICE MAY BE WITHDRAWN WITH A VIEW TOWARD FURTHER
ADMINISTRATIVE OR DISCIPLINARY ACTION TAKEN BY THE PARENT SERVICE WHEN
CONSIDERED NECESSARY. DISCIPLINARY ACTION, HOWEVER, SHALL NOT BE TAKEN
BY THE HOST SERVICE AGAINST FOREIGN PERSONNEL. THE RESPECTIVE SERVICES
SHALL COOPERATE IN ADMINISTRATIVE OR DISCIPLINARY ACTION BY THE PARENT
SERVICE AGAINST ANY OFFENDER.
7. LEAVE. ALL PERSONNEL MAY BE GRANTED LEAVE IN ACCORDANCE WITH THE
REGULATION OF THE PARENT SERVICE, PROVIDED SUCH LEAVE IS ALSO APPROVED
BY THE PROPER AUTHORITIES OF THE HOST SERVICE.
8. UNIFORM. ALL PERSONNEL ARE TO COMPLY WITH THE DRESS REGULATIONS
OF THEIR SERVICE AND THE ORDER OF DRESS FOR ANY OCCASION IS TO BE THAT
WHICH MOST NEARLY CONFORMS TO THE ORDER OF DRESS OF THE PARTICULAR UNIT
WITH WHICH THEY ARE SERVING. LOCAL COMMANDING OFFICERS WILL NOT ISSUE
INSTRUCTIONS TO FOREIGN PERSONNEL WHICH CANNOT BE COMPLIED WITH BY
REASONS OF DIFFERENCES IN DRESS REGULATIONS. CUSTOMS OF THE HOST
SERVICE WILL BE OBSERVED WITH RESPECT TO THE WEARING OF CIVILIAN
CLOTHES.
9. MESSING AND QUARTERS. THE HOST SERVICE MAY PROVIDE MESSING
FACILITIES AND FAMILY-TYPE OR SINGLE QUARTERS FOR FOREIGN PERSONNEL, IF
AVAILABLE, WHICH SHALL BE ON THE SAME BASIS AND TO THE SAME EXTENT THAT
IT PROVIDES QUARTERS FOR ITS OWN PERSONNEL. IN ALL CASES, THE HOST
SERVICE WILL RENDER ALL PRACTICAL ASSISTANCE IN LOCATING AND OBTAINING
SUITABLE HOUSING FOR RECEIVED PERSONNEL AND THEIR FAMILIES.
10. STATUS. THE PROVISIONS OF THE "AGREEMENT BETWEEN THE PARTIES TO
THE NORTH ATLANTIC TREATY REGARDING THE STATUS OF THEIR FORCES" OF JUNE
19, 1951, AS WELL AS AGREEMENTS BETWEEN TURKEY AND TH UNITED STATES
IMPLEMENTING THAT AGREEMENT, SHALL APPLY DURING THE PERIOD OF THE
INTERCHANGE OFFICER'S SERVICE IN THE HOST NATION.
11. REPORTS. PERIODIC OR OTHER REPORTS WHICH FOREIGN PERSONNEL MAY
BE REQUIRED TO MAKE BY THEIR OWN SERVICE OR WHICH THEY WISH TO MAKE
CONCERNING THEIR DUTIES WILL BE SUBMITTED AS FOLLOWS:
A. U.S. NAVY PERSONNEL WILL FORWARD THEIR REPORTS, VIA THE COMMANDING
OFFICER 301ST MARITIME AIR SQUADRON, SIXTH MAIN JET BASE, FIRST TURKISH
AIR FORCE, COMMANDER TURKISH AIR FORCE, COMMANDER TURKISH NAVAL FORCES,
CHIEF NAVY SECTION, JUSMMAT TO THE CHIEF OF NAVAL OPERATIONS.
B. TURKISH PERSONNEL WILL FORWARD THEIR REPORTS THROUGH THEIR U.S.
NAVY COMMANDING OFFICER, THE TURKISH NAVAL ATTACHE TO COMMANDER TURKISH
NAVAL FORCES.
12. PROFESSIONAL PROFICIENCIES. THE HOST SERVICE WILL PROVIDE
NECESSARY TRAINING FACILITIES WHEREVER PRACTICABLE SO THAT THE PERSONNEL
TO WHOM THIS PROTOCOL APPLIES MAY MAINTAIN THEIR PROFESSIONAL
PROFICIENCIES IN ACCORDANCE WITH THE REGULATIONS OF THEIR PARENT
SERVICE.
13. FINANCIAL ARRANGEMENTS. THE U.S. NAVY AND THE TURKISH NAVY HAVE
ESTABLISHED THE FOLLOWING AGREEMENTS RELATIVE TO FINANCIAL ARRANGEMENTS
FOR THE U.S. NAVY/TURKISH NAVY AVIATION OFFICERS MENTIONED IN THIS
DOCUMENT.
A. THE PARENT SERVICE WILL ASSUME RESPONSIBILITY FOR THE FOLLOWING
COMPENSATIONS AND EXPENSES WITH RESPECT TO THEIR OWN PERSONNEL IN
ACCORDANCE WITH THE REGULATIONS OF THAT SERVICE:
(1) PAY AND NORMAL ALLOWANCES INCLUDING COMMUTATION OF QUARTERS,
STATION OR OTHER LOCATION ALLOWANCES WHERE AUTHORIZED AND SUBSISTENCE.
(2) TRAVEL ALLOWANCE AND RELATED EXPENSES PAYABLE TO THE MEMBER
(INCLUDING COST OF TRANSPORTATIO PAID BY THE MEMBER) WHEN TEMPORARY
ADDITIONAL DUTY IS DIRECTED BY THE HOST SERVICE.
(3) COMPENSATION FOR LOSS OF OR DAMAGE TO UNIFORMS, PERSONAL
EQUIPMENT, ETC., OF PERSONNEL.
(4) MEDICAL AND DENTAL TREATMENT OTHER THAN THAT COVERED BY B.(2)
BELOW.
(5) BURIAL AND OTHER EXPENSES INCIDENT TO DEATH OF INTERCHANGE
PERSONNEL.
(6) EXPENDITURES IN CONNECTION WITH ANY SPECIAL DUTY PERFORMED ON
BEHALF OF THE PARENT SERVICE DURING THE PERIOD OF ASSIGNMENT.
B. EXCEPT FOR EXPENDITURES COVERED IN A. ABOVE, THE HOST SERVICE WILL
PROVIDE THE FOLLOWING SERVICES, AND ASSUME CHARGES THEREFORE, IN
ACCORDANCE WITH THE REGULATIONS OF THAT SERVICE:
(1) CONVEYANCE IN SERVICE AIRCRAFT, VEHICLES AND MARINE CRAFT, WHEN
TRAVEL PERFORMED IS IN THE INTEREST OF THE HOST SERVICE.
(2) MEDICAL AND DENTAL TREATMENT (EXCLUDING THE PROVISION OF
DENTURES) AVAILABLE AT SERVICE HOSPITALS AND OTHER SERVICE UNITS.
(3) FACILITIES TO MAINTAIN PROFESSIONAL PROFICIENCIES.
C. THE RIGHT OF INDIVIDUAL PERSONNEL TO COMPENSATION FOR EXPENSES
INCURRED WHILE ON INTERCHANGE ASSIGNMENTS WILL BE IN ACCORDANCE WITH
REGULATIONS OF THE PARENT SERVICE.
D. EXPENSES IN CONNECTION WITH THE FAMILIES OF PERSONNEL INVOLVED
WILL BE BORNE BY THE SERVICE LIABLE FOR THE CORRESPONDING COSTS IN THE
CASE OF THE PERSONNEL AND WILL BE IN ACCORDANCE WITH THE REGULATIONS OF
THAT SERVICE.
NOTE: THE HOST SERVICE (EXCEPT AS SPECIFICALLY PROVIDED FOR IN
13.A.(6)) WILL BE LIABLE DURING THE PERIOD OF DUTY FOR COST OF
TRANSPORTATION IF POSSIBLE, WHILE ON DUTY, PROVIDED THAT SUCH COST O
TRANSPORTATION DOES NOT INVOLVE A CASH REIMBURSEMENT TO THE PERSONNEL
CONCERNED. TRAVEL ALLOWANCES AND EXPENSES, INCLUDING CASH
REIMBURSEMENTS TO THE MEMBER FOR COST OF PERSONALLY PROCURED
TRANSPORTATION, REMAIN THE LIABILITY OF THE PARENT SERVICE. WHEN
LIABILITY FOR COST OF TRANSPORTATION WHILE ON DUTY INVOLVES A CASH
REIMBURSEMENT TO THE PERSONNEL CONCERNED, IT WILL BE THE RESPONSIBILITY
OF THE PARENT SERVICE.
14. THIS PROTOCOL WILL BE IN EFFECT FOR TWO AND ONE HALF YEARS
UNLESS BOTH SIDES AGREE TO EXTEND IT.
15. DONE AT ANKARA, TURKEY IN DUPLICATE, IN THE ENGLISH AND TURKISH
LANGUAGES, EACH OF WHICH SHALL BE OF EQUAL AUTHENTICITY, THIS DAY OF DEC
27 1973
J.G. WILLIAMS, JR.
REAR ADMIRAL, U.S. NAVY
CHIEF NAVY SECTION
JOINT U.S. MILITARY MISSION FOR AID TO TURKEY
ORHAN SERIM
REAR ADMIRAL
CHIEF, PLANS AND PRINCIPLES
TURKISH NAVY
TUNISIA 29 JUN 1974 FLITE DOCUMENT NO. 7502516
CREDIT AGREEMENT
CREDIT AGREEMENT FOR THE PURCHASE OF DEFENSE ARTICLES AND SERVICES
CREDIT AGREEMENT, MADE AND ENTERED INTO THE TWENTY-NINTH DAY OF JUNE,
1974, BETWEEN THE GOVERNMEN OF TUNISIA, REPRESENTED BY ITS MINISTRY OF
DEFENSE, AND THE GOVERNMENT OF THE UNITED STATES OF AMERICA, REPRESENTED
BY THE DEPARTMENT OF DEFENSE OF THE UNITED STATES OF AMERICA.
WITNESSETH
WHEREAS, THE GOVERNMENT OF TUNISIA (HEREINAFTER SOMETIMES REFERRED TO
AS THE "BORROWER") DESIRES TO ENTER INTO PURCHASE CONTRACTS (HEREINAFTER
REFERRED TO AS "PURCHASE ARRANGEMENTS") WITH THE MILITARY DEPARTMENTS
AND AGENCIES OF THE UNITED STATES DEPARTMENT OF DEFENSE (HEREINAFTER
REFERRED TO AS "DOD") AND/OR VARIOUS UNITED STATES COMMERCIAL SUPPLIERS
FOR THE PURCHASE OF DEFENSE ARTICLES AND SERVICES OF UNITED STATES
ORIGIN (HEREINAFTER COLLECTIVELY REFERRED TO AS "DEFENSE ITEMS"); AND
WHEREAS, THE BORROWER HAS REQUESTED THE GOVERNMENT OF THE UNITED
STATES OF AMERICA (HEREINAFTER SOMETIMES REFERRED TO AS THE "LENDER") TO
FINANCE PAYMENTS REQUIRED TO BE MADE BY THE BORROWER UNDE THE PURCHASE
ARRANGEMENTS; AND
WHEREAS, THE AFORESAID REQUESTED CREDIT WILL FACILITATE THE PURPOSES
OF THE UNITED STATES FOREIGN MILITARY SALES ACT, AS AMENDED;
NOW THEREFORE, IN CONSIDERATION OF THE PREMISE AND THE MUTUAL
COVENANTS HEREINAFTER SET FORTH, AN IN IMPLEMENTATION OF, AND SUBJECT TO
THE PROVISIONS OF THE MUTUAL DEFENSE ASSISTANCE AGREEMENT BETWEEN THE
GOVERNMENT OF TUNISIA AND THE GOVERNMENT OF THE UNITED STATES OF
AMERICA, DATED 7 NOVEMBER 1957, THE PARTIES HERETO AGREE AS FOLLOWS:
1. SUBJECT TO THE TERMS AND CONDITIONS HEREOF, THE LENDER AGREES TO
MAKE LOANS TO THE BORROWER FROM TIME TO TIME IN AN AGGREGATE PRINCIPAL
AMOUNT UP TO BUT NOT EXCEEDING $2.5 MILLION (HEREINAFTE CALLED THE
"COMMITMENT").
2. THE AFORESAID COMMITMENT SHALL BE AVAILABLE ONLY TO FINANCE THE
PURCHASE OF DEFENSE ITEMS BY THE BORROWER PURSUANT TO PURCHASE
ARRANGEMENTS AUTHORIZED FOR SUCH FINANCING BY DOD WHICH ARE ENTERED INTO
BY THE BORROWER ON OR BEFORE 1 JANUARY 1976. EACH AUTHORIZATION FOR THE
BORROWER TO ENTER INTO A PURCHASE ARRANGEMENT IN IMPLEMENTATION OF THIS
CREDIT AGREEMENT SHALL BE SEPARATELY COMMUNICATED BY DOD IN WRITING TO
THE BORROWER, WHICH AUTHORIZATION SHALL SPECIFY THE DEFENSE ITEMS AND
THE AMOUNT OF CREDIT AUTHORIZED FOR THE PURCHASE ARRANGEMENT. THE
BORROWER SHALL INCORPORATE INTO EACH SUCH PURCHASE ARRANGEMENT WITH
COMMERCIAL SUPPLIERS THE PROVISIONS OF ANNEX A HERETO AND ATTACH AS AN
EXHIBIT TO THE PURCHASE ARRANGEMENT A TRUE COPY OF THE APPLICABLE
AFORESAID AUTHORIZATION AND OF PARAGRAPH 9 OF THIS CREDIT AGREEMENT.
3. EACH LOAN HEREUNDER BY THE LENDER SHALL DATE (HEREINAFTER
REFERRED TO AS A "DISBURSEMENT DATE") AS MAY BE DESIGNATED BY THE
BORROWER FROM TIME TO TIME UPON TEN (10) DAYS WRITTEN NOTICE BY THE
BORROWER TO THE LENDER.
(B) EACH NOTICE SHALL SPECIFY THE AMOUNT OF THE LOAN TO BE MADE BY
THE LENDER ON THE DISBURSEMEN DATE, AND SHALL SPECIFY THE SUPPLIER OR
SUPPLIERS (INCLUDING THE MILITARY DEPARTMENTS OR AGENCIES O DOD) TO WHOM
THE DISBURSEMENT IS TO BE REMITTED BY THE LENDER.
(C) EACH NOTICE SHALL BE PREPARED IN QUADRUPLICATE ON U.S. STANDARD
FORM 1034 AND SHALL BE SENT TO THE COMPTROLLER, DEFENSE SECURITY
ASSISTANCE AGENCY, THE PENTAGON, WASHINGTON, D.C. 20301.
(D) IN THE CASE OF DISBURSEMENTS REQUESTED TO BE MADE TO COMMERCIAL
SUPPLIERS, THE INVOICES SHAL BE PREPARED IN ACCORDANCE WITH THE
PROCEDURE SET FORTH IN ANNEX A HERETO.
(E) IN THE CASE OF DISBURSEMENTS REQUESTED TO BE MADE TO THE MILITARY
DEPARTMENTS AND AGENCIES O DOD, THE NOTICES SHALL HAVE ANNEXED THERETO
COPIES OF THE PAYMENT REQUEST RECEIVED BY THE BORROWER FROM SUCH
MILITARY DEPARTMENT OR AGENCY AGAINST WHICH DISBURSEMENT IS REQUESTED.
(F) WITH EACH NOTICE, THE BORROWER SHALL CONCURRENTLY TRANSMIT TO THE
LENDER AT THE ADDRESS SET FORTH IN SUBPARAGRAPH (C) ABOVE OF THIS
PARAGRAPH A PROMISSORY NOTE SUBSTANTIALLY IN THE FORM OF ANNEX B HERETO
(WITH THE BLANKS APPROPRIATELY FILLED IN) RECITING THE OBLIGATION OF THE
BORROWER TO REPAY THE AMOUNT OF SUCH LOAN WITH INTEREST THEREON AS
HEREINAFTER SET FORTH. (THE PROMISSORY NOTE HEREINABOVE REFERRED TO ARE
HEREINAFTER CALLED THE "NOTES" AND INDIVIDUALLY A "NOTE").
4.(A) ALL OCEAN TRANSPORTATION OF THE DEFENSE ARTICLES SHALL BE ON
VESSELS OF UNITED STATES REGISTRY. THE GOVERNMENT OF THE UNITED STATES
WILL GIVE SYMPATHETIC CONSIDERATION ON A CASE-BY-CAS BASIS TO REQUESTS
BY THE BORROWER JUSTIFYING SHIPMENT ON VESSELS OF THE REGISTRY OF THE
BORROWER. CONSIDERATION WILL BE GIVEN TO SECURITY REQUIREMENTS OF THE
BORROWER TO ASSURE SAFE ARRIVAL.
(B) THE BORROWER OR ITS COMMERCIAL SUPPLIERS SHALL BE RESPONSIBLE FOR
OBTAINING SUCH EXPORT LICENSES AS MAY BE NECESSARY FOR DEFENSE ITEMS
FINANCED HEREUNDER.
5. THIS AGREEMENT EVIDENCES THE LEGAL AND BINDING OBLIGATION OF THE
BORROWER TO MAKE REPAYMENTS TO THE LENDER FOR DISBURSEMENTS MADE BY THE
LENDER IN ACCORDANCE WITH THE TERMS HEREOF. THE LENDER MAY SELL OR
ASSIGN, IN WHOLE OR IN PART, ITS RIGHTS TO SAID REPAYMENTS AND MAY, WITH
RESPECT TO SUC SALE OR ASSIGNMENT, GUARANTEE PAYMENT OF THE SAME.
6.(A) THE BORROWER SHALL REPAY THE DISBURSEMENTS MADE BY THE LENDER
IN ACCORDANCE WITH THE PRINCIPAL REPAYMENT SCHEDULE SET FORTH IN ANNEX C
HERETO, AND SHALL PAY INTEREST SEMIANNUALLY ON TH FIRST OF JANUARY AND
THE FIRST OF JULY COMMENCING 1 JANUARY 1975, AT THE RATE OF SEVEN AND
SEVEN EIGHTS PERCENT (7-7/8%) PER ANNUM, USING A 365 DAY FACTOR, ON THE
AMOUNT BY WHICH FROM TIME TO TIME CUMULATIVE DISBURSEMENTS EXCEED
CUMULATIVE REPAYMENTS OF PRINCIPAL.
(B) IF ON ANY INSTALLMENT REPAYMENT DATE SET FORTH IN THE PRINCIPAL
REPAYMENT SCHEDULE THE BORROWER SHALL NOT HAVE AVAILED ITSELF OF THE
COMMITMENT OF THE LENDER IN AN AGGREGATE AMOUNT (LESS REPAYMENTS
PREVIOUSLY MADE) EQUAL TO THE AGGREGATE INSTALLMENT OF PRINCIPAL WHICH
IS REPAYABLE ON SUCH DATE TO THE LENDER, THE BORROWER SHALL, ON SUCH
INSTALLMENT DATE, REPAY TO THE LENDER THE FULL AMOUNT (LESS REPAYMENTS
PREVIOUSLY MADE) TO WHICH IT HAS AVAILED ITSELF OF THE COMMITMENT OF THE
LENDER TO SUCH DATE, TOGETHER WITH THE INTEREST ACCRUED THEREON. IF AT
ANY TIME THEREAFTER THE BORROWER SHALL AVAIL ITSELF OF THE COMMITMENT OF
THE LENDER IN AN AMOUNT WHICH WOULD HAVE BEEN PAYABLE ON A PRIOR
INSTALLMENT REPAYMENT DATE BUT FOR THE PROVISIONS OF THE IMMEDIATELY
PRECEDING SENTENCE, SUCH AMOUNT, TOGETHER WITH THE INTEREST ACCRUED
THEREON, SHALL BE REPAYABLE ON THE NEXT SUCCEEDING INSTALLMENT DATE OF
THE PRINCIPAL REPAYMENT SCHEDULE OCCURRING AFTER THE DISBURSEMENT OF
SUCH AMOUNT AND THE SAID AGGREGATE INSTALLMENT OF PRINCIPAL REPAYABLE
UNDER THE PRINCIPAL REPAYMENT SCHEDULE TO THE LENDER ON THAT DATE SHALL
BE INCREASED BY SUCH AMOUNT.
(C) IF BY THE DATE SPECIFIED IN PARAGRAPH 2 ABOVE, THE BORROWER SHALL
NOT HAVE ENTERED INTO AUTHORIZED PURCHASE ARRANGEMENTS IN AN AGGREGATE
AMOUNT EQUAL TO THE ENTIRE AMOUNT OF THE COMMITMENT, THE INSTALLMENTS OF
PRINCIPAL REPAYABLE TO THE LENDER SET FORTH IN THE PRINCIPAL REPAYMENT
SCHEDULE SHALL BE REDUCED IN THE INVERSE ORDER OF THE MATURITY THEREOF
TO THE EXTENT OF THE UNUSED BALANCE OF THE COMMITMENT.
(D) WHENEVER ANY REPAYMENT TO BE MADE BY THE BORROWER SHALL BE DUE ON
A SATURDAY, SUNDAY, OR PUBLIC HOLIDAY UNDER THE LAWS OF THE LENDER, SUCH
REPAYMENT MAY BE MADE ON THE NEXT SUCCEEDING BUSINESS DAY, AND SUCH
EXTENSION OF TIME SHALL IN SUCH CASE BE INCLUDED IN COMPUTING INTEREST
IN CONNECTION WITH SUCH REPAYMENT BUT EXCLUDED FROM THE NEXT INTEREST
PERIOD.
(E) THE BORROWER MAY PREPAY THE CREDIT EXTENDED UNDER THIS AGREEMENT
IN PART OR IN FULL ON ANY INTEREST PAYMENT DATE WITHOUT PENALTY OR
PREMIUM, BUT SUCH PREPAYMENT MUST BE ACCOMPANIED BY PAYMEN OF INTEREST
ON THE AMOUNT PREPAID TO THE DATE OF PREPAYMENT AND MUST BE APPLIED TO
THE SATISFACTION OF INSTALLMENTS OF PRINCIPAL REPAYMENTS IN THE INVERSE
ORDER OF THEIR MATURITIES.
(F) ALL REPAYMENTS BY THE BORROWER ON ACCOUNT OF PRINCIPAL OR
INTEREST SHALL BE IN LAWFUL MONEY OF THE UNITED STATES OF AMERICA AND IN
IMMEDIATELY AVAILABLE FUNDS, FREE AND CLEAR OF, AND WITHOUT DEDUCTION
FOR, ANY AND ALL TAXES, LEVIES, IMPOSTS, DEDUCTIONS AND WITHHOLDINGS
WHATSOEVER IMPOSED, LEVIED, COLLECTED OR ASSESSED WITH RESPECT THERETO
BY ANY CENTRAL OR LOCAL AUTHORITY OF THE GOVERNMENT OF TUNISIA.
7.(A) THE NOTES SHALL BE FURTHER EVIDENCE OF THE OBLIGATION OF THE
BORROWER TO REPAY THE LOANS MADE HEREUNDER. EACH NOTE SHALL BE DATED
THE PARTICULAR DISBURSEMENT DATE OF THE LOAN WHICH SUCH NOTE EVIDENCE,
SHALL BE PAYABLE TO THE ORDER OF THE GOVERNMENT OF THE UNITED STATES IN
THE PRINCIPA AMOUNT OF SUCH DISBURSEMENT, AND SHALL BEAR INTEREST ON THE
UNPAID PRINCIPAL AMOUNT THEREOF AS PROVIDED IN PARAGRAPH 6(A).
(B) THE NOTES SHALL BE COMPLETED BY THE BORROWER IN SUCH A MANNER
THAT REPAYMENT OF SUCH LOANS SHALL BE MADE IN THE ORDER OF THEIR
DISBURSEMENT, UTILIZING THE PRINCIPAL REPAYMENT SCHEDULE SET FORTH IN
ANNEX C (AS THE SAME MAY BE ADJUSTED IN ACCORDANCE WITH PARAGRAPHS 6(B)
AND (C) HEREOF), AND, IN DETERMINING WHETHER A PARTICULAR LOAN IS
REPAYABLE IN ONE OR MORE INSTALLMENTS, UTILIZING A PARTICULAR
INSTALLMENT PAYMENT DATE ONLY AFTER THE FULL UTILIZATION OF THE NEXT
PRECEDING INSTALLMENT DATE.
(C) EACH NOTE SHALL BE SIGNED ON BEHALF OF THE BORROWER BY A
REPRESENTATIVE OF THE MINISTRY OF DEFENSE OF THE GOVERNMENT OF TUNISIA.
8.(A) THE BORROWER REPRESENTS AND WARRANTS THAT THE MAKING AND
PERFORMANCE OF THIS AGREEMENT HAV BEEN DULY AUTHORIZED IN ACCORDANCE
WITH THE LAWS OF THE GOVERNMENT OF TUNISIA AND SHALL FURNISH TO THE
LENDER UPON REQUEST EVIDENCE, SATISFACTORY TO THE LENDER, OF THE
AUTHORITY OF THE PERSON OR PERSONS WHO HAVE SIGNED THIS AGREEMENT ON
BEHALF OF THE BORROWER AND OF THE PERSON OR PERSONS WHO WILL SIGN THE
NOTES PROVIDED FOR HEREIN ON BEHALF OF THE BORROWER, TOGETHER WITH THE
AUTHENTICATED SPECIMEN SIGNATURE, IN DUPLICATE, OF EACH OF THE LATTER.
(B) THIS AGREEMENT SHALL INURE TO THE BENEFIT OF THE HOLDERS OF THE
NOTES, THEIR RESPECTIVE SUCCESSORS AND ASSIGNS. THIS AGREEMENT AND THE
NOTES SHALL BE DEEMED TO BE CONTRACTS UNDER THE LAW OF THE DISTRICT OF
COLUMBIA AND FOR ALL PURPOSES SHALL BE CONSTRUED IN ACCORDANCE WITH SAID
LAW. THE BORROWER AGREES THAT JURISDICTION MAY BE TAKEN BY COURTS IN
THE DISTRICT OF COLUMBIA WITH RESPECT TO MATTERS INVOLVING ANY NOTE,
PROVIDED SUCH NOTE IS HELD BY AN INDIVIDUAL, PARTNERSHIP, CORPORATION,
OR OTHER PRIVATE LEGAL ENTITY.
(C) THE BORROWER SHALL IN ALL CASES PAY WHEN AND AS DUE THE PRINCIPAL
OF AND INTEREST ON ALL NOTES ISSUED HEREUNDER, NOTWITHSTANDING ANY
CLAIMS WHICH THE BORROWER MAY NOW OR HEREAFTER HAVE AGAINST ANY SUPPLIER
OF THE DEFENSE ITEMS, DOD, THE LENDER, OR ANY OTHER PERSON OR ENTITY IN
CONNECTION WITH ANY OTHER TRANSACTION, FOR ANY REASON WHATSOEVER.
9. UPON THE OCCURRENCE OF ANY OF THE FOLLOWING EVENTS OF DEFAULT:
(A) IF THE BORROWER FAILS FOR A PERIOD OF TEN (10) DAYS TO MAKE ANY
PAYMENT OF PRINCIPAL OF, OR INTEREST ON, ANY NOTE WHEN DUE;
(B) IF ANY REPRESENTATION OR WARRANTY MADE BY THE BORROWER HEREIN OR
ANY CERTIFICATE FURNISHED B THE BORROWER PURSUANT HERETO PROVES TO BE AT
ANY TIME INCORRECT IN ANY MATERIAL RESPECT; OR
(C) IF THE BORROWER DEFAULTS IN THE PERFORMANCE OF ANY OTHER TERM,
COVENANT OR UNDERTAKING CONTAINED IN THIS CREDIT AGREEMENT, AND SUCH
DEFAULT SHALL CONTINUE UNREMEDIED FOR 30 DAYS AFTER WRITTEN NOTIFICATION
THEREOF SHALL HAVE BEEN GIVEN TO THE BORROWER BY THE LENDER;
THEN, AND IN ANY SUCH EVENT, THE HOLDER OF ANY NOTE MAY DECLARE
IMMEDIATELY DUE AND PAYABLE THE UNPAID PRINCIPAL OF, AND ACCRUED
INTEREST ON, ANY OR ALL NOTES HELD BY SUCH HOLDER AND SUCH AMOUNTS SHALL
BECOME IMMEDIATELY DUE AND PAYABLE WITHOUT PROTEST, PRESENTMENT, NOTICE
OR OTHER DEMAND OF AN KIND, ALL OF WHICH ARE HEREBY EXPRESSLY WAIVED BY
THE BORROWER, AND THE LENDER MAY TERMINATE ITS COMMITMENT HEREUNDER.
10. ALL COMMUNICATIONS AND OTHER DOCUMENTS REQUIRED OR PERMITTED
HEREUNDER, UNLESS SUBMITTED IN THE ENGLISH LANGUAGE, SHALL BE
ACCOMPANIED BY ONE ENGLISH TRANSLATION FOR EACH COPY OF SUCH DOCUMENTS
TO BE FURNISHED AND, IN THE EVENT OF CONFLICT, THE ENGLISH VERSION SHALL
GOVERN. EXCEPT AS OTHERWISE PROVIDED HEREIN, ALL NOTICES, REQUESTS OR
DEMANDS HEREUNDER SHALL BE DEEMED TO HAVE BEEN GIVEN OR MADE UPON THE
MAILING OF THE SAME, POSTAGE PREPAID, OR IN THE CASE OF TELEGRAPHIC
NOTICE, ON DELIVERY TO THE TELEGRAPHIC COMPANY, ADDRESSED IN THE CASE OF
THE BORROWER, TO MOD, TUNIS, TUNISIA AND IN THE CASE OF THE LENDER TO
THE DIRECTOR, DEFENSE SECURITY ASSISTANCE AGENCY, THE PENTAGON,
WASHINGTON, D.C. 20301.
11. THIS AGREEMENT MAY BE EXECUTED IN ANY NUMBER OF COUNTERPARTS AND
BY THE PARTIES HERETO ON SEPARATE COUNTERPARTS, EACH OF WHICH SHALL BE
DEEMED AN ORIGINAL BUT ALL SUCH COUNTERPARTS TO CONSTITUTE ONE AND THE
SAME INSTRUMENT.
12. ANNEXES A THROUGH C ATTACHED HERETO ARE, BY THIS REFERENCE, MADE
A PART OF THIS AGREEMENT.
IN WITNESS WHEREOF, THE PARTIES HERETO HAVE DULY EXECUTED THIS
AGREEMENT THE TWENTY-NINETH DAY OF JUNE 1974.
GOVERNMENT OF TUNISIA
SIGNED
BY MOHAMED HEDI KMEFACHA
MINISTER OF DEFENSE
GOVERNMENT OF THE UNITED STATES OF AMERICA
SIGNED
BY RAY PEET
DEPUTY ASSISTANT SECRETARY OF DEFENSE (SECURITY ASSISTANCE)
ANNEX A AND A2
PAYMENT PROCEDURES
THE FOLLOWING PROCEDURES AND CONDITIONS SHALL BE ADHERED TO PRIOR TO
EACH DISBURSEMENT TO BE MADE BY THE GOVERNMENT OF THE UNITED STATES FOR
THE ACCOUNT OF THE GOVERNMENT OF TUNISIA.
1. THE SUPPLIER SHALL PREPARE AND SUBMIT TO THE DESIGNATED
REPRESENTATIVES OF THE GOVERNMENT OF TUNISIA IN WASHINGTON, D.C.
INVOICES ON U.S. STANDARD FORM 1034 IN SUFFICIENT NUMBER OF COPIES TO
PERMIT THE FORWARDING OF FOUR COPIES TO THE DISBURSING OFFICER
DESIGNATED IN PARAGRAPH 5 BELOW.
2. THE SUPPLIER SHALL INSURE THAT EACH INVOICE IS IN ACCORDANCE WITH
RELEVANT PROVISIONS OF ITS PURCHASE ARRANGEMENT WITH THE GOVERNMENT OF
TUNISIA.
3. THE SUPPLIER SHALL ATTACH TO EACH INVOICE A STATEMENT THAT
AUTHORIZED REPRESENTATIVES OF THE GOVERNMENT OF THE UNITED STATES SHALL,
UNTIL THE EXPIRATION OF THREE YEARS AFTER FINAL PAYMENT HEREUNDER, HAVE
ACCESS TO AND THE RIGHT TO EXAMINE ANY DIRECTLY RELATED PERTINENT BOOKS,
DOCUMENTS, PAPERS AND RECORDS OF THE SUPPLIER INVOLVING TRANSACTIONS
RELATING TO THE AFORESAID PURCHASE ARRANGEMENT.
4. TO THE EXTENT THAT ANY INVOICE REQUESTS PAYMENT OF ADVANCES, AS
DISTINGUISHED FROM PAYMENT FO DELIVERY OF DEFENSE ITEMS OR REIMBURSEMENT
IN THE FORM OF PROGRESS PAYMENTS FOR WORK OR SERVICES PERFORMED, THE
SUPPLIER SHALL ATTACH TO THE INVOICE A STATEMENT SETTING FORTH THE
UNDERTAKING OF TH SUPPLIER THAT THE FULL AMOUNT OF THE ADVANCE WILL BE
MAINTAINED BY THE SUPPLIER IN A SEGREGATED ACCOUNT WHICH WILL BE APPLIED
SOLELY TO THE PERFORMANCE OF THE SUPPLIER'S OBLIGATIONS UNDER THE
PURCHASE ARRANGEMENT.
5. THE DESIGNATED REPRESENTATIVE OF THE GOVERNMENT OF TUNISIA IN
WASHINGTON, D.C. SHALL FORWARD SUCH INVOICES TO THE COMPTROLLER, DEFENSE
SECURITY ASSISTANCE AGENCY, THE PENTAGON, WASHINGTON, D.C 20301.
6. EACH INVOICE SHALL BE ACCOMPANIED BY A CERTIFICATION OF THE
GOVERNMENT OF TUNISIA AS FOLLOWS:
THE GOVERNMENT OF TUNISIA CONFIRMS (THAT THE DEFENSE ITEMS SET FORTH
HEREIN HAVE BEEN SATISFACTORILY RECEIVED BY OR FOR THE GOVERNMENT OF
TUNISIA) (THAT THE WORK OR SERVICES FOR WHICH PROGRESS PAYMENTS ARE
REQUESTED HAVE BEEN SATISFACTORILY RENDERED) (THAT PAYMENT IS OTHERWISE
DUE) UNDER ITS PURCHASE ARRANGEMENT OF TUNISIA FOR THE PURCHASE OF
DEFENSE ITEMS FROM SUPPLIER, AND CERTIFIES THAT THE BILL IS CORRECT AND
JUST AND THAT PAYMENT THEREFOR HAS NOT BEEN MADE. PAYMENT O THIS
INVOICE IS REQUESTED BY THE MINISTRY OF DEFENSE OF THE GOVERNMENT OF
TUNISIA PURSUANT TO THE TERMS OF THE CREDIT AGREEMENT OF (DATE) BETWEEN
THE MINISTRY OF DEFENSE OF THE GOVERNMENT OF TUNISIA AND THE GOVERNMENT
OF THE UNITED STATES OF AMERICA. THE GOVERNMENT OF TUNISIA CONFIRMS THA
SAID PURCHASE ARRANGEMENT IS ONE OF THE PURCHASE ARRANGEMENTS AUTHORIZED
BY THE DEPARTMENT OF DEFENSE OF THE UNITED STATES OF AMERICA PURSUANT TO
THE AFORESAID CREDIT AGREEMENT OF (DATE) AND FURTHER CONFIRMS THAT THE
CUMULATIVE TOTAL OF THIS INVOICE AND INVOICES PREVIOUSLY PAID BY THE
GOVERNMENT OF THE UNITED STATES AGAINST SAID PURCHASE ARRANGEMENT DOES
NOT EXCEED THE AGGREGATE CREDIT CEILING ESTABLISHED BY THE GOVERNMENT OF
THE UNITED STATES FOR THE SAID PURCHASE ARRANGEMENT
GOVERNMENT OF TUNISIA
SIGNED
BY (NAME TYPED)
(TITLE)
ANNEX B AND B2
PROMISSORY NOTE
U.S. $__________, WASHINGTON, D.C.
FOR VALUE RECEIVED, THE UNDERSIGNED, THE GOVERNMENT OF TUNISIA
__________ (HEREIN CALLED "TUNISIA"), HEREBY PROMISES TO PAY TO THE
ORDER OF THE GOVERNMENT OF THE UNITED STATES OF AMERICA (HEREIN CALLED
"UNITED STATES") THE PRINCIPAL SUM OF __________ UNITED STATES DOLLARS
(U.S. $__________) AS FOLLOWS:
TOGETHER WITH INTEREST ON ANY AND ALL AMOUNTS REMAINING UNPAID
HEREUNDER FROM TIME TO TIME FROM THE DATE HEREOF UNTIL THIS NOTE SHALL
BE PAID IN FULL, PAYABLE SEMIANNUALLY ON __________ AND __________ OF
EACH YEAR FROM DATE HEREOF AT THE RATE OF _____ PER CENT PER ANNUM
(_____%) USING A 365 DAY FACTOR, BOTH PRINCIPAL AND INTEREST TO BE
PAYABLE IN LAWFUL MONEY OF THE UNITED STATES OF AMERICA AT THE U.S. ARMY
FINANCE COMPTROLLER INFORMATION SYSTEMS COMMAND, ATTN: MILITARY
ASSISTANCE/SALES ACCOUNTING DIVISION, 1000 INDEPENDENCE AVENUE, S.W.,
WASHINGTON, D.C. 20314. ALL PAYMENTS MADE ON ACCOUNT OF THE PRINCIPAL
AMOUNT REMAINING UNPAID HEREUNDER SHALL BE ENDORSED BY TH HOLDER ON THE
REVERSE SIDE OF THIS NOTE.
WHENEVER ANY PAYMENT TO BE MADE SHALL BE DUE ON A SATURDAY, SUNDAY,
OR A PUBLIC HOLIDAY UNDER THE LAWS OF THE GOVERNMENT OF THE UNITED
STATES, SUCH PAYMENT MAY BE MADE ON THE NEXT SUCCEEDING BUSINESS DAY,
AND SUCH EXTENSION OF TIME SHALL IN SUCH CASE BE INCLUDED IN COMPUTING
INTEREST IN CONNECTION WITH SUCH PAYMENT BUT EXCLUDED FROM THE NEXT
INTEREST PERIOD.
THIS NOTE MAY BE PREPAID ON ANY INTEREST PAYMENT DATE. PREPAYMENTS
SHALL BE APPLIED TO THE INSTALLMENTS HEREOF IN THE REVERSE ORDER OF
THEIR MATURITY. ALL PAYMENTS OF PRINCIPAL AND INTEREST ON THIS NOTE ARE
PAYABLE IN LAWFUL MONEY OF THE UNITED STATES OF AMERICA AND IN
IMMEDIATELY AVAILABLE FUNDS, FREE AND CLEAR OF, AND WITHOUT DEDUCTION
FOR, ANY TAXES, LEVIES, IMPOSTS, DEDUCTIONS, AND WITHHOLDINGS WHATSOEVER
NOW OR HEREAFTER IMPOSED, LEVIED, COLLECTED OR ASSESSED WIT RESPECT
THERETO BY ANY CENTRAL OR LOCAL AUTHORITY OF TUNISIA AND SHALL BE PAID
FREE FROM ALL RESTRICTIONS OF ANY CENTRAL OR LOCAL AUTHORITY OF TUNISIA.
THE GOVERNMENT OF TUNISIA AGREES TO PAY ALL OUT-OF-POCKET COSTS AND
EXPENSES IN CONNECTION WITH COLLECTION AFTER DEFAULT OF THIS NOTE
(INCLUDING THE REASONABLE FEES AND OUT-OF-POCKET EXPENSES OF COUNSEL) AS
WELL AS ALL STAMP AND SIMILAR TAXES, IF ANY, NOW OR HEREAFTER IN EFFECT,
AND TO SAVE TH HOLDER OF THE NOTE HARMLESS FROM ANY AND ALL LIABILITIES
WITH RESPECT TO OR RESULTING FROM ANY DELA OR OMISSION TO PAY SUCH
TAXES.
GOVERNMENT OF TUNISIA
SIGNED
BY (NAME TYPED)
(TITLE)
ANNEX C
PRINCIPAL REPAYMENT SCHEDULE
THE FIRST $150,000 OF DISBURSEMENTS ARE REPAYABLE ON 1 JANUARY 1975
THE NEXT $150,000 OF DISBURSEMENTS ARE REPAYABLE ON 1 JULY 1975
THE NEXT $150,000 OF DISBURSEMENTS ARE REPAYABLE ON 1 JANUARY 1976
THE NEXT $150,000 OF DISBURSEMENTS ARE REPAYABLE ON 1 JULY 1976
THE NEXT $150,000 OF DISBURSEMENTS ARE REPAYABLE ON 1 JANUARY 1977
THE NEXT $150,000 OF DISBURSEMENTS ARE REPAYABLE ON 1 JULY 1977
THE NEXT $150,000 OF DISBURSEMENTS ARE REPAYABLE ON 1 JANUARY 1978
THE NEXT $150,000 OF DISBURSEMENTS ARE REPAYABLE ON 1 JULY 1978
THE NEXT $150,000 OF DISBURSEMENTS ARE REPAYABLE ON 1 JANUARY 1979
THE NEXT $150,000 OF DISBURSEMENTS ARE REPAYABLE ON 1 JULY 1979
THE NEXT $150,000 OF DISBURSEMENTS ARE REPAYABLE ON 1 JANUARY 1980
THE NEXT $150,000 OF DISBURSEMENTS ARE REPAYABLE ON 1 JULY 1980
THE NEXT $150,000 OF DISBURSEMENTS ARE REPAYABLE ON 1 JANUARY 1981
THE NEXT $150,000 OF DISBURSEMENTS ARE REPAYABLE ON 1 JULY 1981
THE NEXT $150,000 OF DISBURSEMENTS ARE REPAYABLE ON 1 JANUARY 1982
THE LAST $250,000 OF DISBURSEMENTS ARE REPAYABLE ON 1 JULY 1982
THAILAND 1 JUL 1974 FLITE DOCUMENT NO. 7502515
EXCHANGE OF NOTES
DISPOSAL OF DEFENSE ARTICLES.
NO. 0303/(ILLEGIBLE)
THE MINISTRY OF FOREIGN AFFAIRS PRESENTS ITS COMPLIMENTS TO THE
EMBASSY OF THE UNITED STATES OF AMERICA AND HAS THE HONOUR TO
ACKNOWLEDGE THE RECEIPT OF THE EMBASSY'S NOTE NO. 010 DATED THE 3RD
JANUARY, 1975 WHICH READS AS FOLLOWS:
"THE EMBASSY OF THE UNITED STATES OF AMERICA PRESENTS ITS COMPLIMENTS
TO THE MINISTRY OF FOREIGN AFFAIRS OF THE KINGDOM OF THAILAND AND HAS
THE HONOR TO REFER TO THE AGREEMENT RESPECTING MILITARY ASSISTANCE
BETWEEN THE GOVERNMENT OF THE UNITED STATES AND THE GOVERNMENT OF
THAILAND OF 1950 AND THE FOREIGN ASSISTANCE ACT OF 1961, AS AMENDED,
WHICH PROHIBITS THE UNITED STATES GOVERNMENT FROM FURNISHING DEFENSE
ARTICLES ON A GRANT BASIS TO ANY OTHER GOVERNMENT INCLUDING THE
GOVERNMENT OF THAILAND UNLESS THAT GOVERNMENT SHALL HAVE AGREED TO PAY
TO THE UNITED STATES GOVERNMENT THE NET PROCEEDS OF SALE RECEIVED BY
THAT GOVERNMENT IN DISPOSING OF DEFENSE ARTICLES SO FURNISHED.
IT IS THEREFORE PROPOSED THAT THE GOVERNMENT OF THAILAND AGREE THAT
THE NET PROCEEDS OF SALE RECEIVED BY THE GOVERNMENT OF THAILAND 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 UNDER THE
MILITARY ASSISTANCE PROGRAM OF THE UNITE STATES GOVERNMENT WILL BE PAID
TO THE UNITED STATES GOVERNMENT AND SHALL BE AVAILABLE TO PAY ALL
OFFICIAL COSTS OF THE UNITED STATES GOVERNMENT PAYABLE IN THE CURRENCY
OF THE GOVERNMENT OF THAILAND, INCLUDING ALL COSTS RELATING TO THE
FINANCING OF INTERNATIONAL EDUCATION AND CULTURAL EXCHANGE ACTIVITIES IN
WHICH THE GOVERNMENT OF THAILAND PARTICIPATES. IT IS UNDERSTOOD THAT
THIS AGREEMENT DOES NOT APPLY TO SUCH SALES MADE PRIOR TO JULY 1, 1974.
IT IS ALSO UNDERSTOOD THAT THIS AGREEMENT DOES NOT AFFECT ANY PRIOR
AGREEMENT BY THE GOVERNMENT OF THAILAND 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, UNLESS THE UNITED STATES
GOVERNMENT CONSENTS TO ANOTHER DISPOSITION. ADDITIONALLY, IT IS
UNDERSTOOD THAT THIS AGREEMENT SHALL NOT AFFECT THE BRASS FUND AGREEMENT
OF DECEMBER 22, 1965 SIGNED BY THE CHIEF OF STAFF SUPREME COMMAND AND
CHIEF, JUSMAG.
IT IS FURTHER PROPOSED THAT THE MINISTRY'S REPLY STATING THAT THE
FOREGOING IS ACCEPTABLE TO THE GOVERNMENT OF THAILAND SHALL, TOGETHER
WITH THIS NOTE, CONSTITUTE AN AGREEMENT BETWEEN OUR GOVERNMENTS ON THIS
SUBJECT, TO BE EFFECTIVE FROM AND AFTER JULY 1, 1974."
IN REPLY, THE MINISTRY OF FOREIGN AFFAIRS HAS THE HONOUR TO STATE
THAT THE FOREGOING IS ACCEPTABL TO THE GOVERNMENT OF THAILAND AND THAT
THE PRESENT NOTE AND THE EMBASSY'S NOTE UNDER REPLY CONSTITUTE AN
AGREEMENT BETWEEN OUR TWO GOVERNMENTS ON THIS SUBJECT, TO BE EFFECTIVE
FROM AND AFTER JULY 1, 1974.
THE MINISTRY OF FOREIGN AFFAIRS AVAILS ITSELF OF THIS OPPORTUNITY TO
RENEW TO THE EMBASSY OF THE UNITED STATE OF AMERICA THE ASSURANCES OF
ITS HIGHEST CONSIDERATION.
MINISTRY OF FOREIGN AFFAIRS,
SARANROM PALACE
7 JANUARY 1975
EMBASSY OF THE UNITED STATES OF AMERICA,
BANGKOK.
NO. 010
THE EMBASSY OF THE UNITED STATES OF AMERICA PRESENTS ITS COMPLIMENTS
TO THE MINISTRY OF FOREIGN AFFAIRS OF THE KINGDOM OF THAILAND AND HAS
THE HONOR TO REFER TO THE AGREEMENT RESPECTING MILITARY ASSISTANCE
BETWEEN THE GOVERNMENT OF THE UNITED STATES AND THE GOVERNMENT OF
THAILAND OF 1950 AND THE FOREIGN ASSISTANCE ACT OF 1961, AS AMENDED,
WHICH PROHIBITS THE UNITED STATES GOVERNMENT FROM FURNISHING DEFENSE
ARTICLES ON A GRANT BASIS TO ANY OTHER GOVERNMENT INCLUDING THE
GOVERNMENT OF THAILAND UNLESS THAT GOVERNMENT SHALL HAVE AGREED TO PAY
TO THE UNITED STATES GOVERNMENT THE NET PROCEEDS OF SALE RECEIVED BY
THAT GOVERNMENT IN DISPOSING OF DEFENSE ARTICLES SO FURNISHED.
IT IS THEREFORE PROPOSED THAT THE GOVERNMENT OF THAILAND AGREE THAT
THE NET PROCEEDS OF SALE RECEIVED BY THE GOVERNMENT OF THAILAND IN
DISPOSING OF ANY WEAPON, WEAPONS SYSTEM, MUNITION, AIRCRAFT, MILITARY
BOAT, MILITARY VESSEL, OR OTHER DEFENSE ARTICLE, INCLUDING SCRAP FROM
ANY SUCH DEFENSE ARTICLES RECEIVED HERETOFORE OR HEREAFTER UNDER THE
MILITARY ASSISTANCE PROGRAM OF 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 GOVERNMENT PAYABLE IN THE CURRENCY
OF THE GOVERNMENT OF THAILAND, INCLUDING ALL COSTS RELATING TO THE
FINANCING OF INTERNATIONAL EDUCATION AND CULTURAL EXCHANGE ACTIVITIES IN
WHICH THE GOVERNMENT OF THAILAND PARTICIPATES. IT IS UNDERSTOOD THAT
THIS AGREEMENT DOES NOT APPLY TO SUCH SALES MADE PRIOR TO JULY 1, 1974.
IT IS ALSO UNDERSTOOD THAT THIS AGREEMENT DOES NOT AFFECT ANY PRIOR
AGREEMENT BY THE GOVERNMENT OF THAILAND 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, UNLESS THE UNITED STATES
GOVERNMENT CONSENTS TO ANOTHER DISPOSITION. ADDITIONALLY, IT IS
UNDERSTOOD THAT THIS AGREEMENT SHALL NOT AFFECT THE BRASS FUND AGREEMENT
OF DECEMBER 22, 1965 SIGNED BY THE CHIEF OF STAFF SUPREME COMMAND AND
CHIEF, JUSMAG.
IT IS FURTHER PROPOSED THAT THE MINISTRY'S REPLY STATING THAT THE
FOREGOING IS ACCEPTABLE TO THE GOVERNMENT OF THAILAND SHALL, TOGETHER
WITH THIS NOTE, CONSTITUTE AN AGREEMENT BETWEEN OUR GOVERNMENTS ON THIS
SUBJECT, TO BE EFFECTIVE FROM AND AFTER JULY 1, 1974.
THE EMBASSY OF THE UNITED STATES OF AMERICA AVAILS ITSELF OF THIS
OPPORTUNITY TO RENEW TO THE MINISTRY OF FOREIGN AFFAIRS THE ASSURANCES
OF ITS HIGHEST CONSIDERATION.
EMBASSY OF THE UNITED STATES OF AMERICA
BANGKOK, THAILAND
JANUARY 3, 1975
THAILAND 4 JAN 1974 FLITE DOCUMENT NO. 7502514
MEMORANDUM OF UNDERSTANDING
MEMORANDUM OF UNDERSTANDING FOR THE USE OF MILITARY TRAINING AIRSPACE
IN THAILAND
MEMORANDUM OF UNDERSTANDING FOR THE USE OF MILITARY TRAINING AIRSPACE
IN THAILAND
1. IT IS UNDERSTOOD BETWEEN THE ROYAL THAI AIR FORCE AND THE UNITED
STATES AIR FORCE THAT ALL TRAINING AREAS AND LOW LEVEL ROUTES, OUTLINED
IN THE CLASS II NOTAMS OF THE AERONAUTICAL INFORMATIO PUBLICATION FOR
THAILAND, ARE THE MILITARY TRAINING AIRSPACE TO BE USED BY THE ROYAL
THAI AIR FORCE AND FOR JOINT USE BY THE UNITED STATES MILITARY SERVICES.
2. HQ RTAF IS THE CONTROLLING AGENCY FOR ALL AIRSPACE IN THAILAND.
HQ 13 AF ADVON IS DESIGNATED AS THE CENTRAL SCHEDULING AGENCY FOR ALL US
TRAINING OPERATIONS CONDUCTED IN THE THAI AIRSPACE.
3. 13AF ADVON WILL BE INFORMED OF THE RTAF MONTHLY TRAINING SCHEDULE
TO WHICH THE U.S. MONTHLY TRAINING SCHEDULE WILL BE ADJUSTED. ANY RTAF
SCHEDULE CHANGES WILL ALSO BE NOTIFIED.
4. HQ RTAF RESERVES THE RIGHT TO THE USE, WHETHER SCHEDULED OR NOT,
OF ALL AIRSPACE OF THAILAND.
5. TO MAINTAIN SAFETY OF FLIGHT, ALL AIRCRAFT SCHEDULED TO OPERATE
IN A MILITARY TRAINING AREA WILL IDENTIFY THEMSELVES TO THE APPROPRIATE
CONTROLLING AGENCY FOR CLEARANCE INTO THE AREA. ALL TRAINING CONDUCTED
IN THE MILITARY TRAINING AREAS WILL BE IN VISUAL METEOROLOGICAL
CONDITIONS. SUPERSONIC FLIGHT WILL BE AUTHORIZED SEPARATELY BY OTHER
AGREEMENT.
6. IN CASE OF EMERGENCIES, AIRCRAFT COMMANDERS WILL COMPLY WITH THE
STANDARD ICAO PROCEDURES TO THE MAXIMUM EXTENT POSSIBLE. INVESTIGATIONS
OF AIRCRAFT ACCIDENTS WILL BE CONDUCTED BY THE OWNING AGENCY OF THE
AIRCRAFT INVOLVED.
7. THIS MEMORANDUM OF UNDERSTANDING BECOMES EFFECTIVE UPON THE
APPROVAL OF THE ROYAL THAI AIR FORCE HEADQUARTERS AND 13 AIR FORCE ADVON
HEADQUARTERS AND SHALL REMAIN IN EFFECT UNTIL TERMINATED BY EITHER
PARTY.
APPROVED BY RTAF HEADQUARTERS
SIGNED
AIR CHIEF MARSHAL, RTAF
DATE: 4 JANUARY 1974
APPROVED BY JUSMAGTHAI/MACTHAI, 9 JANUARY 1974
SIGNED
COLONEL, USAF
APPROVED BY 13AF ADVON HEADQUARTERS
SIGNED
BRIGADIER GENERAL, USAF
DATE: 4 JANUARY 1974
AMEMB/POMIL CONCURS. 9 JANUARY 1974
CHINA, REPUBLIC OF 1 MAY 1975 FLITE DOCUMENT NO. 7502513
AGREEMENT
OPERATIONS LETTER BETWEEN CHING CHUAN KANG CONTROL TOWER (CAF), CAF
BASE OPERATIONS AND USAF BASE OPERATIONS.
OPERATIONS LETTER BETWEEN CHING CHUAN KANG CONTROL TOWER (CAF) CAF
BASE OPERATIONS AND USAF BASE OPERATIONS
CHING CHUAN KANG CONTROL TOWER LETTER NO. 8
CAF BASE OPERATIONS LETTER NO. ____
USAF BASE OPERATIONS LETTER NO. ____
SUBJECT: EMERGENCY/CRASH ALERT PROCEDURES
EFFECTIVE: 01 MAY 1975
(CANCELS CCK CONTROL TOWER LETTER NUMBER 8, CAF AND USAF BASE
OPERATIONS LETTER, 20 JUN 1969)
PURPOSE: TO OUTLINE CONTROL TOWER PROCEDURES FOR THE NOTIFICATION OF
SUPPORT ACTIVITIES AND OPERATING INSTRUCTIONS FOR CONTROLLING THE
AIRPORT AREA IN THE EVENT OF AN AIRCRAFT EMERGENCY OR CRASH. THIS
AGREEMENT IS PURSUANT TO THE PROVISIONS OF THE CHINESE AIR FORCE AND THE
UNITED STATES AIR FORCE JOINT AGREEMENT ON OPERATION OF THE AIR TRAFFIC
CONTROL FACILITIES AT CHING CHUAN KANG AI BASE, TAIWAN, DATED 15
SEPTEMBER 1971.
1. PROCEDURES:
A. THE CAF TOWER WATCH SUPERVISOR/SENIOR CONTROLLER SHALL:
(1) IMMEDIATELY ADVISE THE USAF AUGMENTEE CONTROLLER WHEN A USAF OR
CAF AIRCRAFT DECLARES AN EMERGENCY OR IS EXPERIENCING DIFFICULTIES.
(2) IMMEDIATELY ACTIVATE THE CAF CRASH ALARM SYSTEM AND EFFECT
APPROPRIATE CAF NOTIFICATION WHENEVER TOWER IS NOTIFIED OF AN INFLIGHT
EMERGENCY.
(3) ATTEMPT TO RESTRICT THE MOVEMENT OF GROUND TRAFFIC, INSOFAR AS
POSSIBLE, UNTIL THE RESPONDIN EMERGENCY EQUIPMENT HAS ARRIVED AT THE
RUNWAY STAND-BY POINTS.
(4) DISCONTINUE ALL TAKEOFF, LANDING OR TAXI OPERATIONS IN TIME TO
ASSURE AVAILABILITY OF THE LANDING AREA TO THE AIRCRAFT EXPERIENCING THE
EMERGENCY. THE TRAFFIC PATTERN WILL BE CLEARED AS NECESSARY TO PREVENT
DISTRACTION OF CONTROL TOWER PERSONNEL WHILE PROVIDING EMERGENCY
ASSISTANCE.
(5) STOP ALL TAKEOFFS, LANDINGS, AND TAXI OPERATIONS EXCEPT OTHER
EMERGENCIES IN THE EVENT OF AN AIRCRAFT CRASH OR ACCIDENT ON THE
AIRFIELD OR IMMEDIATE APPROACH ZONE. ACTUAL AIR DEFENSE SCRAMBLE ARE
EXEMPT FROM THESE PROCEDURES.
(6) ACTIVATE THE NAV-AIDS/RAPCON EVACUATION ALARM TO FOREWARN
PERSONNEL AT THOSE SITES.
(7) NOTIFY THE USAF AUGMENTEE CONTROLLER OF USAF AIRCRAFT
EMERGENCIES, ON AND OFF BASE AIRCRAFT MISHAPS, AND IN-BOUND AIRCRAFT
WITH HAZARDOUS CARGO.
(8) IN THE EVENT OF AN OFF-BASE EMERGENCY OR CRASH, CO-ORDINATE WITH
THE USAF AUGMENTEE CONTROLLER IN ORDER TO RELAY INSTRUCTIONS TO USAF
FIRE/CRASH EQUIPMENT.
(9) RESUME NORMAL OPERATIONS AFTER AUTHORIZATION IS RECEIVED FROM CAF
BASE OPERATIONS OFFICER OR USAF BASE OPERATIONS OFFICER (ONLY WHEN USAF
AIRCRAFT ARE INVOLVED).
(10) RESUME NORMAL OPERATIONS WITHOUT AUTHORIZATION IN 1A(9) PROVIDED
THE EMERGENCY AIRCRAFT LANDS WITHOUT FURTHER INCIDENT AND FIRE-FIGHTING
OR RESCUE OPERATIONS ARE UNNECESSARY.
B. THE USAF AUGMENTEE CONTROLLER SHALL:
(1) IMMEDIATELY ACTIVATE THE USAF PRIMARY CRASH NET UPON NOTIFICATION
OF A USAF AIRCRAFT EMERGENCY, ON/OFF BASE CRASH, CAF REQUEST FOR USAF
EMERGENCY ASSISTANCE, AND IN-BOUND HAZARDOUS CARGO AIRCRAFT.
(2) ASSIST THE CAF WATCH SUPERVISOR IN HANDLING THE EMERGENCY.
(3) ADVISE THE CAF WATCH SUPERVISOR WHEN A USAF AIRCRAFT EMERGENCY IS
TERMINATED AND NO LONGER A RESTRICTION TO NORMAL OPERATIONS.
(4) PERFORM A DAILY CRASH PHONE CHECK AT 0800 TO INSURE SATISFACTORY
COMMUNICATIONS WITH CONNECTED STATIONS. DISCREPANCIES WILL BE REPORTED
TO 2129TH COMM SQ WORKLOAD CONTROL FOR CORRECTIVE ACTION AND ENTERED IN
THE DAILY REPORT OF CONTROLLER LOG.
2. THE FOLLOWING LIST IS A GUIDE TO BE USED IN DEFINING INFLIGHT AND
GROUND EMERGENCIES. HOWEVER, EMERGENCIES ARE NOT LIMITED TO THESE
SPECIFIC ITEMS.
NOTE: IF IN DOUBT, ACTIVATE THE CRASH CIRCUIT.
A. INFLIGHT EMERGENCIES:
(1) ENGINE FAILURE.
(2) LOSS OF ALL AIRCRAFT TRANSMITTERS AND RECEIVERS.
(3) GEAR MALFUNCTION.
(4) AIRCRAFT SYSTEMS MALFUNCTION.
(5) FIRE, SMOKE, OR FUMES.
(6) EMERGENCY FUEL.
(7) MID-AIR COLLISIONS.
(8) ANYTIME THE PILOT OF AN AIRCRAFT DECLARES AN EMERGENCY.
B. GROUND EMERGENCIES:
(1) ALL AIRCRAFT CRASHES OBSERVED OR REPORTED.
(2) BLOWN TIRES OR OTHERWISE DISABLE AIRCRAFT ON THE RUNWAY.
(3) FIRE, SMOKE, OR FUMES ABOARD THE AIRCRAFT.
(4) AIRCRAFT RUNNING OFF THE RUNWAY DURING TAKEOFF OR LANDING.
(5) JET BARRIER AND/OR ARRESTING GEAR ENGAGEMENT.
(6) TAXIING ACCIDENTS.
(7) AIRFIELD FIRES OR SMOKE OF UNKNOWN ORIGIN.
SIGNED
CHU, YU-SHU, LT COL, CAF
COMMANDER, 3RD COMM/ATC SQUADRON
CHING CHUAN KANG AB, TAIWAN (ROC)
SIGNED
ELLIOTT B. BARNES, JR, MAJOR, USAF
COMMANDER, 2129TH COMM SQUADRON
CHING CHUAN KANG AB, TAIWAN (ROC)
SIGNED
HSU, CHI-LIANG, LT COL, CAF
BASE OPERATIONS OFFICER
CHING CHUAN KANG AB, TAIWAN (ROC)
SIGNED
DWIGHT C. WORDEN, MAJOR, USAF
CHIEF, OPERATIONS AND TRAINING
CHING CHUAN KANG AB, TAIWAN (ROC)
(DISTRIBUTION TABLE OMITTED)
CHINA, REPUBLIC OF 7 APR 1975 FLITE DOCUMENT NO. 7502512
AGREEMENT
OPERATIONS LETTER BETWEEN CHING CHUAN KANG APPROACH CONTROL CHING
CHUAN KANG CONTROL TOWER.
OPERATIONS LETTER BETWEEN CHING CHUAN KANG APPROACH CONTROL CHING
CHUAN KANG CONTROL TOWER
CHING CHUAN KANG APPROACH CONTROL LETTER NO. 2
CHING CHUAN KANG CONTROL TOWER LETTER NO. 2
SUBJECT: APPROACH CONTROL/CONTROL TOWER COORDINATION PROCEDURES
EFFECTIVE: 7 APR 1975
(CANCELS CCK RAPCON/TOWER OPERATION LETTER NO. 2, 8 NOV 74)
1. THIS LETTER ESTABLISHES AND DEFINES COORDINATION PROCEDURES FOR
SEQUENCING/CLEARING ARRIVING AND/OR DEPARTING AIRCRAFT INCLUDING
OPPOSITE DIRECTION TRAFFIC PROCEDURES AND IS PURSUANT TO THE PROVISIONS
OF THE CHINESE AIR FORCE AND THE UNITED STATES AIR FORCE JOINT AGREEMENT
ON OPERATION OF THE AIR TRAFFIC CONTROL FACILITIES AT CHING CHUAN KANG
AIR BASE, TAIWAN, DATED 15 SEPTEMBER 1971.
2. SIMULATED FLAMEOUT (SFO)/PRACTICE PRECAUTIONARY APPROACHES: THE
CONTROL TOWER SHALL COORDINATE WITH APPROACH CONTROL ON ALL SFO/PRACTICE
PRECAUTIONARY APPROACHES, STATING TYPE AIRCRAFT, HIGH KEY ALTITUDE AND
ESTIMATE, AND POINT OF ENTRY, PERTINENT TRAFFIC INFORMATION SHALL B
EXCHANGED BETWEEN FACILITIES AND ALL AIRCRAFT CONCERNED. APPROACH
CONTROL SHALL OBTAIN TRAFFIC ADVISORIES ON ALL WHITE-4 OVERFLIGHTS
BETWEEN 6,000 FEET UP TO AND INCLUDING THE HIGH KEY ALTITUDE FROM TAIPEI
CENTER AND PASS THIS INFORMATION TO TOWER.
3. SPECIAL VFR: SPECIAL VFR PROCEDURES MUST BE APPROVED BY APPROACH
CONTROL AND WILL BE IN ACCORDANCE WITH FAAH 7110.8 AND CCAA/ATCP MANUAL.
4. DEPARTURES:
A. TOWER SHALL REQUEST RELEASE FOR IFR/SPECIAL VFR DEPARTURES FROM
APPROACH CONTROL.
B. IF NOT PREVIOUSLY ISSUED, APPROACH CONTROL SHALL ISSUE CLIMB OUT
INSTRUCTIONS WHEN TOWER REQUESTS RELEASE.
5. ARRIVALS:
A. RADAR:
(1) RADAR ARRIVALS SHALL BE COORDINATED VIA THE TOWER/RADAR VISUAL
COORDINATION SYSTEM. ALL DISTANCES STATED SHALL BE FROM TOUCH-DOWN FOR
PAR APPROACHES, FROM RUNWAY FOR SURVEILLANCE APPROACHES.
(2) TOWER/RADAR COORDINATION LIGHTS AND PAR-COMM PTT (302A) SHALL BE
OPERATED IN ACCORDANCE WITH THE FOLLOWING:
(A) PAR PTT SHALL BE UTILIZED BETWEEN THE PAR-1 POSITION AND LOCAL
CONTROLLER.
(B) THE COMM PTT CIRCUIT SHALL BE USED BETWEEN THE PAR-2 POSITION AND
THE LOCAL CONTROLLER WHENEVER MULTIPLE APPROACHES ARE IN PROGRESS.
(C) COORDINATION BETWEEN THE LOCAL CONTROLLER AND ARRIVAL CONTROLLER
SHALL NORMALLY BE MADE OVER THE COMM PTT; HOWEVER, WHEN MULTIPLE
APPROACHES ARE IN PROGRESS, THE RAPCON/TOWER LANDLINE CIRCUIT SHALL BE
USED.
(D) COORDINATION BETWEEN TOWER AND APPROACH/DEPARTURE CONTROLLER
SHALL BE MADE USING THE TOWER/RAPCON LANDLINE CIRCUIT.
NOTE: SINCE THE TOWER RECEIVES BOTH PAR-COMM PTT TRANSMISSIONS OVER
A COMMON SPEAKER, IT IS NECESSARY THAT THEY BE ABLE TO RECOGNIZE WHICH
CIRCUIT TO ANSWER WHEN THEY RECEIVE A TRANSMISSION. FOR THIS REASON,
WHENEVER THE COMM PTT CIRCUIT IS USED, TOWER SHALL BE ADVISED (I.E. 6
MILES, FULL STOP, COMM LINE).
(3) TOWER/RADAR COORDINATION LIGHTS SHALL BE USED TO EFFECT
COORDINATION OF CONTROL INSTRUCTIONS AND LIGHTS SHALL BE ACTIVATED AND
COORDINATION ACCOMPLISHED AS FOLLOWS:
LIGHT ACTIVATED BY INDICATES TRANSMISSIONS REQUIRED
FLASHING ARRIVAL RADAR CONTROLLED/ AIRCRAFT IDENTIFICATION,
WHITE CONTROLLER STAGE II AIRCRAFT TYPE, POSITION AND TYPE
STEADY LOCAL TRAFFIC NONE
WHITE CONTROLLER ACKNOWLEDGED
FLASHING ARRIVAL RADAR CONTROLLED/ NONE
AMBER CONTROLLER STAGE II TRAFFIC
STEADY LOCAL TRAFFIC NONE
AMBER CONTROLLER ACKNOWLEDGED TO 4
CANCEL ARRIVAL CONTROL OF STAGE AIRCRAFT IDENTIFICATION,
AMBER CONTROLLER II AIRCRAFT POSITION, TOWER'S
(STAGE II ONLY) TRANSFERRED TO TOWER CONTROL
FLASHING FINAL AIRCRAFT IS 6 MI FINAL CONTROLLER SHALL
GREEN CONTROLLER FROM TD/RWY, REQ STATE RANGE OF TRAFFIC
STEADY LOCAL TOWER APPROVES "CLEARED (TO LAND) (FOR
GREEN CONTROLLER LANDING/LOW LOW APPROACH) (FOR TOUCH
FLASHING LOCAL FIRST AIRCRAFT LOCAL CONTROLLER ISSUES
RED CONTROLLER ON FINAL TO REASON FOR BREAKOUT/GO
STEADY FINAL ACTION HAS BEEN FINAL CONTROLLER SHALL
RED CONTROLLER TAKEN TO DISCONTINUE TRANSMIT TO AIRCRAFT AND
(4) IF TOWER CLEARANCE IS NOT RECEIVED AT SIX MILES, RAPCON WILL
CONTINUE THE APPROACH AND ADVIS THE TOWER WHEN THE AIRCRAFT REACHES 5
MILES FROM TOUCHDOWN. IN NO CASE SHALL AN APPROACH BE CONTINUED CLOSER
THAN FOUR MILES FROM TOUCHDOWN/RUNWAY WITHOUT TOWER CLEARANCE. IF TOWER
CLEARANCE IS NOT RECEIVED, APPROPRIATE MISSED APPROACH INSTRUCTIONS
SHALL BE ISSUED.
(5) ACTIVATION OF THE FLASHING RED LIGHT BY THE LOCAL CONTROLLER
SHALL AFFECT ONLY THE FIRST AIRCRAFT ON FINAL APPROACH UNDER RADAR
CONTROL. IN THE EVENT IT BECOMES NECESSARY DURING MULTIPLE APPROACHES
TO ISSUE BREAKOUT/GO-AROUND TO ANY OTHER AIRCRAFT ON FINAL APPROACH, THE
LOCAL CONTROLLE SHALL ISSUE SPECIFIC VERBAL INSTRUCTIONS TO THE FINAL
CONTROLLER USING THE APPLICABLE PTT CIRCUIT. IF POSSIBLE AIRCRAFT CALL
SIGN AND/OR AIRCRAFT'S POSITION ON FINAL SHOULD BE USED TO HELP CLARIFY
THE GO AROUND AIRCRAFT.
(6) THE ARRIVAL/FINAL CONTROLLER SHALL ACTIVATE THE APPROPRIATE LIGHT
FOR SUCCEEDING AIRCRAFT UNDER RADAR CONTROL AT THE APPROPRIATE DISTANCE
WHEN CONDUCTING MULTIPLE APPROACHES. IN THE EVENT THAT TWO AIRCRAFT ARE
ON THE SAME LIGHT, THE APPROPRIATE LIGHT SHALL BE REACTIVATED FOR THE
SECOND AIRCRAFT AND APPROPRIATE INFORMATION RELAYED TO THE LOCAL
CONTROLLER.
B. NON-RADAR INSTRUMENT APPROACHES:
(1) APPROACH CONTROL SHALL INFORM TOWER OF AIRCRAFT CONDUCTING
INSTRUMENT APPROACHES OR BEING VECTORED TO A NON-RADAR FINAL APPROACH
COURSE. RADAR SERVICE SHALL BE AFFORDED THESE AIRCRAFT AND THEY SHALL
REMAIN WITH APPROACH CONTROL FOR THE ENTIRE APPROACH. IF THE AIRCRAFT
REMAINS WITH APPROACH CONTROL, COORDINATION PROCEDURES SHALL BE THE SAME
AS FOR A RADAR APPROACH. IF, HOWEVER, CONVENTIONAL PROCEDURES ARE USED
BECAUSE OF A RADAR OUTAGE, TRANSFER OF CONTROL TO THE TOWER SHALL BE
MADE AT THE FINAL APPROACH FIX.
C. GO-AROUND PROCEDURES:
(1) RUNWAY 36
TOWER TO RAPCON RAPCON TO AIRCRAFT
GO AROUND "TOWER CLEARANCE CANCELLED, CLIMB
GO AROUND LEFT "TOWER CLEARANCE CANCELLED, CLIMB AND
GO AROUND RIGHT "TOWER CLEARANCE CANCELLED, CLIMB
(2) RUNWAY 18
TOWER TO RAPCON RAPCON TO AIRCRAFT
GO AROUND "TOWER CLEARANCE CANCELLED, CLIMB AND
GO AROUND RIGHT "TOWER CLEARANCE CANCELLED, CLIMB
GO AROUND LEFT "TOWER CLEARANCE CANCELLED, CLIMB
6. STAGE II RADAR SERVICE:
A. THE FOLLOWING LOCAL PROCEDURES AND GUIDELINES SHALL BE USED FOR
PROVIDING STAGE II RADAR SERVICE AND ARE SUPPLEMENTAL TO THOSE CONTAINED
IN FAAH 7110.8 AND DOD FLIP (ENROUTE) SUPPLEMENT, PACIFIC AND SOUTH
ASIA.
(1) GENERAL. STAGE II RADAR SERVICE AT CCK IS PROVIDED FOR AIRCRAFT
ARRIVING/DEPARTING AND TRAVERSING THE CCK TERMINAL AREA, WITHIN 20 NM OF
THE CCK TACAN. DEPARTING AIRCRAFT REQUESTING STAGE II SERVICE SHALL
UPON RADAR IDENTIFICATION, RECEIVE FLIGHT FOLLOWING, TRAFFIC INFORMATION
AND VECTORS AS NECESSARY, WHILE IN THE CCK STAGE II SERVICE AREA.
ARRIVING VFR AIRCRAFT, FOLLOWING RADAR IDENTIFICATION, SHALL BE ISSUED
RUNWAY INFORMATION, WIND DIRECTION/SPEED, ALTIMETER, TRAFFIC INFORMATION
AND SHALL BE VECTORED/FLIGHT FOLLOWED FOR TRAFFIC FLOW SEQUENCING.
B. COORDINATION PROCEDURES. COORDINATION BETWEEN THE CONTROL TOWER
(LOCAL CONTROLLER) AND APPROACH CONTROL (ARRIVAL CONTROLLER) ON ALL
STAGE II OPERATIONS SHALL NORMALLY BE MADE OVER THE COMM PTT SYSTEM
EXCEPT:
(1) WHENEVER MULTIPLE APPROACHES ARE IN PROGRESS, THE APPROACH
CONTROL/TOWER LANDLINE CIRCUIT SHALL BE USED.
(2) WHENEVER STAGE II DEPARTURE SERVICE IS REQUESTED, THE APPROACH
CONTROL/TOWER LANDLINE CIRCUI SHALL BE USED.
C. DEPARTURE PROCEDURES. THE CONTROL TOWER, UPON RECEIPT OF
INFORMATION REGARDING A VFR DEPARTURE REQUESTING STAGE II SERVICE SHALL:
(1) PROVIDE APPROACH CONTROL WITH FLIGHT PLAN DATA TO INCLUDE
AIRCRAFT CALL SIGN, TYPE AND DIRECTION OF FLIGHT.
(2) INSTRUCT ALL DEPARTING AIRCRAFT REQUESTING STAGE II SERVICE TO
CONTACT APPROACH CONTROL ON PUBLISHED FREQUENCY UPON TURN OUT OF TRAFFIC
AFTER DEPARTURE.
D. ARRIVAL PROCEDURES. THE FOLLOWING PROCEDURES SHALL BE USED FOR
SEQUENCING AIRCRAFT BEING PROVIDED STAGE II ARRIVAL SERVICE.
(1) GENERAL. THE TOWER LOCAL CONTROLLER SHALL ESTABLISH THE LANDING
SEQUENCING OF STAGE II ARRIVALS. THE AIRSPACE WITHIN 5 NM OF CCK AB
DURING VFR IS UNDER THE JURISDICATION OF THE CONTROL TOWER. THE
AIRSPACE BEYOND 5 NM OF CCK AB TO 20 NM WILL NORMALLY BE USED BY THE
APPROACH CONTROL FACILITY FOR FLIGHT FOLLOWING/VECTORING AIRCRAFT TO THE
VFR ENTRY POINTS FOR TRAFFIC FLOW AND SUBSEQUENT LANDING AT CCK AB.
AIRCRAFT CONTACTING CCK CONTROL TOWER ON INITIAL CALL-UP, RATHER THA CCK
STAGE II RADAR SERVICE, WILL NORMALLY BE DIRECTED TO THE APPROPRIATE
RADAR SERVICE RADIO FREQUENCY UNLESS THE LOCAL CONTROLLER HAS THE
AIRCRAFT IN SIGHT AND CAN POSITION IT IN THE LANDING SEQUENCE AFTER
COORDINATION WITH APPROACH CONTROL. CLOSE COORDINATION BETWEEN THE
CONTROL TOWER (LOCAL CONTROLLER) AND APPROACH CONTROL (ARRIVAL
CONTROLLER) MUST PREVAIL AND IS THE KEY TO A SUCCESSFUL STAGE II
SERVICE.
(2) CONTROL TOWER (LOCAL CONTROLLER) SHALL:
(A) PROVIDE APPROACH CONTROL WITH FLIGHT DATA ON ARRIVING AIRCRAFT
NOT UTILIZING STAGE II SERVIC TO INCLUDE TYPE AIRCRAFT AND DIRECTION OF
FLIGHT.
(B) ADVISE APPROACH CONTROL IF IT IS NECESSARY TO HOLD AIRCRAFT
BECAUSE OF VFR TRAFFIC PATTERN SATURATION AND GIVE AN ESTIMATED TIME FOR
THE AIRCRAFT TO PROCEED INBOUND.
(3) APPROACH CONTROL (ARRIVAL CONTROLLER) SHALL:
(A) FORWARD PERTINENT INFORMATION TO THE LOCAL CONTROLLER ON ALL
AIRCRAFT BEING FLIGHT FOLLOWED/VECTORED TO SPECIFIED POINTS FOR
SEQUENCING (IN ACCORDANCE WITH PARAGRAPH 5A(3)) WHEN THE AIRCRAFT
REACHES A POSITION 15 NM (FLYING MILES) FROM THE AIRPORT. MINIMUM
INFORMATION SHALL CONSIST OF AIRCRAFT CALL SIGN, TYPE, AND POSITION.
(B) NORMALLY TRANSFER COMMUNICATIONS AND CONTROL OF STAGE II AIRCRAFT
5-8 NM ON THE EXTENDED RUNWAY CENTERLINE FOR INITIAL/STRAIGHT-IN TRAFFIC
AND AT THE PERIMETER OF A 5 NM RADIUS OF THE AIRPORT FOR AIRCRAFT
UTILIZING THE CONVENTIONAL PATTERN. DEVIATIONS FROM NORMAL TRANSFER OF
COMMUNICATIONS AND CONTROL POINTS WILL BE INDIVIDUALLY COORDINATED
BETWEEN THE TOWER (LOCAL CONTROLLER) AND APPROACH CONTROL (ARRIVAL
CONTROLLER). IN NO CASE WILL TRANSFER OF COMMUNICATIONS AND CONTROL
TAKE PLACE LESS THAN 5 NM FROM THE AIRPORT.
(4) VISUAL HOLDING. IF HOLDING OF VFR AIRCRAFT IS REQUIRED, APPROACH
CONTROL/TOWER SHALL INSTRUCT THE AIRCRAFT TO HOLD AT AN APPROPRIATE
VISUAL HOLDING FIX. VISUAL HOLDING FIXES ESTABLISHED FOR CCK ARE:
(A) T'UNG-HSIAO - 012/14 OFF CCK TACAN. CONSISTS OF THE TOWN OF
T'UNG-HSIAO WHICH IS JUST NORTH OF THREE RIVERS AND A HIGHWAY/RAILROAD
BRIDGE.
(B) TWIN BRIDGES - 195/10 OFF CCK TACAN. CONSISTS OF ONE HIGHWAY
BRIDGE AND ONE HIGHWAY/RAILROA BRIDGE ACROSS A RIVER.
7. OPPOSITE DIRECTION TRAFFIC: OPPOSITE DIRECTION TRAFFIC WILL BE
APPROVED ONLY UPON PILOTS REQUEST, AND ON A WORKLOAD AND TRAFFIC
PERMITING BASIS. IT WILL BE LEFT TO THE CONTROLLERS DISCRETION AS TO
FINAL APPROVAL/DISAPPROVAL OF OPPOSITE DIRECTION TRAFFIC.
A. OPPOSITE DIRECTION DEPARTURES: AIRCRAFT DEPARTING OPPOSITE
DIRECTION MUST BE AIRBORNE WITH SUFFICIENT IFR SEPARATION OR ON A
HEADING OF AT LEAST 45 DEGREES AWAY FROM THE RECIPROCAL OF THE FINAL
APPROACH COURSE OF THE ACTIVE RUNWAY PRIOR TO THE TIME AN ARRIVING
AIRCRAFT REACHES 15 MILES FROM THE RUNWAY IN USE.
B. OPPOSITE DIRECTION ARRIVALS: OPPOSITE DIRECTION APPROACHES WILL
BE APPROVED UNDER THE FOLLOWING CONDITIONS ONLY:
(1) BASIC WEATHER CONDITIONS ARE AT LEAST AT VFR MINIMA.
(2) THE AIRCRAFT CONDUCTING OPPOSITE DIRECTION APPROACHES MUST LAND
OR BE ON A HEADING OF 45 DEGREES OR MORE FROM THE RECIPROCAL OF THE
FINAL APPROACH COURSE TO THE ACTIVE RUNWAY PRIOR TO THE ARRIVING
AIRCRAFT REACHING A POINT 15 FLYING MILES TO THE RUNWAY IN USE.
8. OPPOSITE DIRECTION RAPCON/TOWER COORDINATION:
A. COORDINATION SHOULD COMMENCE IMMEDIATELY UPON NOTIFICATION OF AN
AIRCRAFT REQUEST FOR OPPOSIT DIRECTION BY EITHER FACILITY.
B. THE RAPCON SHALL ADVISE THE CONTROL TOWER OF AIRCRAFT UNDER THEIR
CONTROL FOR OPPOSITE DIRECTION TRAFFIC. THE COORDINATION SHALL INCLUDE
THE PHASE "OPPOSITE DIRECTION ARRIVAL", IN ADDITION TO THE RUNWAY
NUMERICAL DESIGNATION OF THE RUNWAY USED FOR THE OPPOSITE DIRECTION
TRAFFIC. IF THE AIRCRAFT WILL BE DEPARTING IN THE OPPOSITE DIRECTION
THE CONTROL TOWER SHALL SO ADVISE THE RAPCON AND SHALL INCLUDE THE
PHRASE "OPPOSITE DIRECTION DEPARTURE", IN ADDITION TO THE RUNWAY
NUMERICAL DESIGNATION OF THE RUNWAY USED FOR THE OPPOSITE DIRECTION
TRAFFIC.
C. TOWER/RADAR COORDINATION SHALL BE ACCOMPLISHED VIA THE PTT
EXCLUDING THE USE OF LIGHTS, TO INCLUDE THE PHRASE "OPPOSITE DIRECTION
ARRIVAL", IN ADDITION TO THE RUNWAY NUMERICAL DESIGNATION OF THE RUNWAY
USED FOR THE OPPOSITE DIRECTION ARRIVAL, AT EACH NORMAL COORDINATION
MILESTONE AS IN PAR 5A3.
9. EMERGENCY PROCEDURES:
A. TOWER/APPROACH CONTROL SHALL EXCHANGE INFORMATION ON ALL AIRCRAFT
UNDER THEIR RESPECTIVE CONTROL EXPERIENCING AN EMERGENCY ON CONDUCTING A
PRECAUTIONARY APPROACH.
B. TOWER SHALL NOTIFY APPROACH CONTROL WHEN THE RUNWAY IS CLOSED DUE
TO EMERGENCY LANDINGS OR ACCIDENTS, WHEN EMERGENCY CONDITIONS ARE
TERMINATED, ESTIMATED AND ACTUAL TIME THE RUNWAY IS CLOSED/OPENED.
SIGNED
CHU, YU-SHU, LT COL, CAF
COMMANDER, 3RD ATC/COMM SQ
CHING CHUAN KANG AB, TAIWAN (ROC)
SIGNED
ELLIOTT B. BARNES, MAJOR, USAF
COMMANDER, 2129 COMM SQ (AFCS)
CHING CHUAN KANG AB, TAIWAN (ROC)
(DISTRIBUTION TABLE OMITTED)
CHINA, REPUBLIC OF 1 APR 1975 FLITE DOCUMENT NO. 7502511
MEMORANDUM OF UNDERSTANDING
PROCEDURES FOR REQUESTING U.S. NAVY (USN) ASSISTANCE IN THE CASE OF A
ROCN SUBMARINE IN DISTRESS AND FOR EMPLOYMENT OF THE USN SUBMARINE
PERSONNEL RESCUE FLY-AWAY KIT.
MEMORANDUM OF UNDERSTANDING BETWEEN COMMANDER, UNITED STATES TAIWAN
DEFENSE COMMAND AND THE REPUBLIC OF CHINA NAVY (ROCN) ON THE PROCEDURES
FOR REQUESTING U.S. NAVY (USN) ASSISTANCE IN THE CASE OF A ROCN
SUBMARINE IN DISTRESS AND FOR EMPLOYMENT OF THE USN SUBMARINE PERSONNEL
RESCUE FLY-AWAY KIT
1. BACKGROUND. THE U.S. NAVY MAINTAINS ONE SUBMARINE PERSONNEL
RESCUE FLY-AWAY KIT AT THE SUBMARINE BASE, PEARL HARBOR, HAWAII. THIS
KIT, THE ONLY EXISTING USN ASSET OF ITS KIND, IS AVAILABLE FOR WORLD
WIDE USE, INCLUDING EMERGENCY ASSISTANCE IN THE EVENT OF A FOREIGN
SUBMARINE DISASTER. HOWEVER, A U.S. SUBMARINE RESCUE MISSION WOULD TAKE
PRIORITY FOR EMPLOYMENT OF THE SUBMARINE PERSONNEL RESCUE FLY-AWAY KIT
IN THE EVENT OF SIMULTANEOUS OR NEAR SIMULTANEOUS U.S. AND FOREIGN
SUBMARINE DISASTERS. THE SUBMARINE PERSONNEL RESCUE FLY-AWAY KIT IS
DESIGNED ONLY FOR THE RESCUE OF PERSONNEL FROM A DISTRESSED SUBMARINE.
USE OF THE SUBMARINE PERSONNEL RESCUE FLY-AWAY KI REQUIRES THAT THE
DISTRESSED SUBMARINE HATCH SEATS AND RESCUE BUOYS BE MAINTAINED IN THE
PROPER STANDARD CONDITION.
2. APPLICATION. THIS MEMORANDUM OF UNDERSTANDING APPLIES ONLY TO
ASSISTANCE FOR THE RESCUE OF PERSONNEL FROM A DISTRESSED ROCN SUBMARINE
AND SHALL NOT BE CONSTRUED TO COVER SUBSEQUENT SUBMARINE SALVAGE
OPERATIONS.
3. RESPONSIBILITIES.
A. IF THE USN SUBMARINE PERSONNEL RESCUE FLY-AWAY KIT IS PROVIDED TO
ASSIST, THE ROCN HEADQUARTERS IS RESPONSIBLE FOR PROVIDING HANDLING
EQUIPMENT AND LAND TRANSPORTATION FOR THE RESCUE KIT UPON ITS ARRIVAL AT
TAIWAN.
B. ROCN HEADQUARTERS IS RESPONSIBLE FOR PROVIDING ACCOMODATIONS AND
MEALS FOR THE PERSONNEL ACCOMPANYING THE RESCUE KIT DURING THE PERIOD OF
THEIR OPERATION AND STAY IN TAIWAN.
C. THE GOVERNMENT OF THE REPUBLIC OF CHINA IS RESPONSIBLE FOR
REIMBURSING THE U.S. GOVERNMENT FO COSTS INCURRED IN THE TRANSPORTATION
OF THE RESCUE KIT TO TAIWAN AND ITS RETURN TO PEARL HARBOR, HAWAII.
D. THE GOVERNMENT OF THE REPUBLIC OF CHINA IS RESPONSIBLE FOR
REIMBURSING THE U.S. GOVERNMENT FO COSTS INCURRED IN THE USE OF THE
RESCUE KIT, INCLUDING COSTS OF SUPPORTING USN PERSONNEL ACCOMPANYING THE
RESCUE KIT.
E. ROCN HEADQUARTERS WILL PROVIDE ESCORT AND SUPPORT SHIPS NECESSARY
TO CONDUCT RESCUE OPERATIONS.
F. ROCN HEADQUARTERS WILL ASSIGN AVAILABLE QUALIFIED SUBMARINE
MEDICAL OFFICERS TO PROVIDE MEDICAL SERVICES DURING THE RESCUE
OPERATION.
G. THE ROCN AGREES TO MAINTAIN THEIR SUBMARINE CAPABILITY TO RECEIVE
THE RESCUE CHAMBER IN ACCORDANCE WITH THE REQUIREMENTS SPECIFIED BY THE
USN PUBLICATION "REQUIREMENTS FOR EMPLOYMENT OF U.S. NAVY SUBMARINE
RESCUE SYSTEMS" (NAVSHIPS 0994-013-9010).
H. NEWS MEDIA QUERIES RECEIVED BY THE U.S. CONCERNING A ROCN
SUBMARINE IN DISTRESS SHALL BE REFERRED TO THE GOVERNMENT OF THE
REPUBLIC OF CHINA FOR RESPONSE.
I. OPERATIONAL CONTROL OF THE SUBMARINE PERSONNEL RESCUE FLY-AWAY KIT
AND ASSOCIATED PERSONNEL SHALL BE RETAINED BY THE U.S. NAVY.
4. PROCEDURES. WHEN A ROCN SUBMARINE IS IN DISTRESS, TAIPEI
OPERATIONS CENTER OF THE CHINESE NAVY HEADQUARTERS WILL IMMEDIATELY
INFORM THE COMUSTDC COMMAND CENTER WATCH OFFICER, BY THE FASTEST MEANS
AVAILABLE, OF THE TIME, POSITION AND STATUS OF THE SUBMARINE IN
DISTRESS. COMUSTDC WILL IMMEDIATELY REQUEST COMMANDER-IN-CHIEF U.S.
PACIFIC FLEET (INFORMATION COPY TO COMMANDER-IN-CHIEF PACIFIC) TO
PROVIDE APPROPRIATE SUBMARINE SEARCH AND RESCUE ASSISTANCE AS AVAILABLE.
5. EFFECTIVE DATE.
A. THIS MEMORANDUM OF UNDERSTANDING BECOMES EFFECTIVE AS OF THE DATE
IT IS SIGNED BY BOTH PARTIES.
B. ONE COPY OF THE ORIGINAL MEMORANDUM OF UNDERSTANDING WILL BE
RETAINED BY EACH PARTY TO SERVE AS THE BASIS OF ASSISTANCE.
SIGNED
VADM E.K. SNYDER, USN
COMMANDER UNITED STATES TAIWAN DEFENSE COMMAND
1 APR 1975
SIGNED
ADM SOONG CHANG-CHIH, ROCN
COMMANDER-IN-CHIEF, REPUBLIC OF CHINA NAVY
1 APR 1975
CHINA, REPUBLIC OF 24 FEB 1975 FLITE DOCUMENT NO. 7502510
MEMORANDUM OF UNDERSTANDING
TO ESTABLISH A MEANS FOR PROVIDING CARE FOR ACUTE MEDICAL EMERGENCIES
TO AUTHORIZED UNITED STATES PERSONNEL AT TSOYING.
MEMORANDUM OF UNDERSTANDING BETWEEN U.S. NAVAL HOSPITAL, TAIPEI AND
REPUBLIC OF CHINA NAVAL HOSPITAL, TSOYING
THIS MEMORANDUM OF UNDERSTANDING IS MADE AND ENTERED INTO EFFECT ON
24 FEBRUARY 1975 BETWEEN THE U.S. NAVAL HOSPITAL LOCATED AT TAIPEI,
REPUBLIC OF CHINA AND THE REPUBLIC OF CHINA NAVAL HOSPITAL LOCATED AT
TSOYING, REPUBLIC OF CHINA, PURSUANT TO A LETTER DATED 22 JULY 1974 FROM
THE COMMANDING OFFICER, U.S. NAVAL HOSPITAL, TAIPEI, TO SURGEON GENERAL,
MEDICAL DEPARTMENT, REPUBLIC OF CHINA NAV FOR THE PURPOSE OF
ESTABLISHING A MEANS FOR PROVIDING CARE FOR ACUTE MEDICAL EMERGENCIES TO
AUTHORIZED UNITED STATES PERSONNEL AT TSOYING (ILLEGIBLE) KAOHSIUNG.
U.S. NAVAL HOSPITAL, TAIPEI
SIGNED
BY: N.V. WHITE
CAPTAIN, MEDICAL CORPS
UNITED STATES NAVY
TITLE: COMMANDING OFFICER
DATE: 24 FEBRUARY 1975
REPUBLIC OF CHINA NAVAL HOSPITAL,
TSOYING
SIGNED
BY: TZU-TU CHOU
REAR ADMIRAL, MEDICAL CORPS
CHINESE NAVY
TITLE: SURGEON GENERAL
DATE: 24 FEBRUARY 1975
02: FCP: SW
6320
22 JULY 1974
FROM: COMMANDING OFFICER, U.S. NAVAL HOSPITAL, BOX 4, APO SAN
FRANCISCO 96263
TO: SURGEON GENERAL, MEDICAL DEPARTMENT, REPUBLIC OF CHINA NAVY
SUBJ: MEDICAL ASSISTANCE IN THE CASE OF EMERGENCY; REQUEST FOR
1. UNTIL 15 JUNE 1974 THE U.S. NAVY ASSIGNED AN ACTIVE DUTY MEDICAL
OFFICER TO THE U.S. NAVAL HOSPITAL, TAIPEI, OUTPATIENT FACILITY AT
TSOYING, TAIWAN WHICH IS ADJACENT TO THE REPUBLIC OF CHINA NAVAL
HOSPITAL, TSOYING. SINCE THE END OF THE DOCTOR DRAFT LAW THE U.S.
DEPARTMENT OF DEFENSE IS N LONGER ABLE TO DRAFT A SUFFICIENT NUMBER OF
GENERAL PRACTITIONERS TO ALLOW ASSIGNMENT TO SMALL ACTIVITIES WHERE A
PHYSICIAN'S TIME IS NOT FULLY UTILIZED IN PATIENT CARE. THEREFORE, IT
HAS BEEN NECESSARY FOR THE U.S. DEPARTMENT OF THE NAVY TO DELETE THE
MEDICAL OFFICER BILLET AT THE TSOYING OUTPATIENT FACILITY. THE NEAREST
U.S. MEDICAL FACILITY TO TSOYING IS THE USAF HOSPITAL AT TAINAN AFB, A
45 MINUTE TO ONE HOUR DRIVE BY AMBULANCE.
2. IT IS OUR DESIRE, AS IT IS THE USAF HOSPITAL, TAINAN AFB, TO
OBTAIN MEDICAL CARE FROM A MEDICAL FACILITY IN TSOYING OR KAOHSIUNG IN
THE CASE OF LIFE AND DEATH TYPE EMERGENCIES OCCURRING I U.S. DEPARTMENT
OF DEFENSE PERSONNAL OR DEPENDENTS STATIONED IN THE TSOYING, KAOHSIUNG
AREA. THE TYPES OF MEDICAL EMERGENCIES IN MIND ARE CARDIAC ARRESTS AND
INJURIES RECEIVED IN SERIOUS ACCIDENTS WHERE THERE WOULD BE A RISK TO
THE LIFE OF THE PATIENT BECAUSE OF EITHER THE TIME INVOLVED IN
TRANSPORTING THE PATIENT TO TAINAN OR THE LAST OF THE NECESSARY LIFE
SAVING EQUIPMENT, SUCH AS A DEFIBRILATOR, IN THE AMBULANCE.
3. AUTHORIZATION IS REQUESTED FOR OUR OUTPATIENT FACILITY IN TSOYING
TO DELIVER VALID MEDICAL EMERGENCIES TO THE REPUBLIC OF CHINA NAVAL
HOSPITAL, TSOYING FOR EMERGENCY CARE. IT IS FURTHER REQUESTED THAT THE
PATIENT INVOLVED BE PROVIDED MEDICAL CARE UNTIL THE PATIENT STABILIZES
SUFFICIENTLY TO ALLOW SAFE MOVEMENT TO THE USAF HOSPITAL, TAINAN.
SUBJ: MEDICAL ASSISTANCE IN THE CASE OF EMERGENCY; REQUEST FOR
EMERGENCIES OF THIS NATURE ARE NOT EXPECTED TO OCCUR BUT
INFREQUENTLY.
4. YOUR FAVORABLE CONSIDERATION OF THIS REQUEST WOULD BE DEEPLY
APPRECIATED. UPON RECEIPT OF YOUR APPROVAL THE U.S. NAVAL HOSPITAL,
TAIPEI, WILL SUBMIT A REQUEST TO THE U.S. NAVY BUREAU OF MEDICINE AND
SURGERY FOR APPROVAL OF THE UTILIZATION OF YOUR HOSPITAL AT TSOYING FOR
EMERGENCY CARE AND FOR REIMBURSEMENT TO THE ROC NAVY MEDICAL DEPARTMENT
FOR SUPPLIES USED AT THE TSOYING NAVAL HOSPITAL BY AND FOR U.S.
DEPARTMENT OF DEFENSE PATIENTS.
N.V. WHITE
NAVY HEADQUARTERS
MEDICAL DEPARTMENT
P.O. BOX NO. 7327-21
TAIPEI, TAIWAN
CHINA
IN REPLY REFER TO
NMD LTR (SGO) #0730
29 JULY 1974
FROM: SURGEON GENERAL, CHINESE NAVY
TO: COMMANDING OFFICER, U.S. NAVAL HOSPITAL, BOX 4, APO SAN
FRANCISCO 96263
SUBJ: MEDICAL ASSISTANCE IN THE CASE OF EMERGENCY; REQUEST FOR
REF: (A). YOUR LETTER NO. 02: FCP: SW; 6320; DATED 22 JULY 1974
1. RECEIPT OF REFERENCE (A) IS HEREBY ACKNOWLEDGED.
2. THIS NAVY WILL BE PLEASED TO RENDER EMERGENCY MEDICAL CARE TO
U.S. DEPARTMENT OF DEFENSE PERSONNEL OR DEPENDENTS STATIONED IN TSOYING,
KAOSHIUNG AREA.
3. UPON RECEIPT OF FURTHER CONFIRMATION THAT THE SUBJECT PROPOSAL IS
APPROVED BY YOUR BUREAU OF MEDICINE & SURGERY, COMMANDING OFFICER,
CHINESE NAVAL GENERAL HOSPITAL IN TSOYING WILL BE INSTRUCTE BY THIS
DEPARTMENT TO PROVIDE THE ADEQUATE EMERGENCY CARE TO THE TYPES OF
MEDICAL EMERGENCIES AND INJURIES AS SPECIFIED PER PARAGRAPH (2) OF
REFERENCE (A).
4. A GREAT NUMBER OF THE MEDICAL OFFICERS AT NAVAL GENERAL HOSPITAL,
TSOYING, WHERE YOUR OUTPATIENT FACILITY IS LOCATED, HAVE BEEN TRAINED IN
U.S. NAVAL HOSPITALS IN BETHESDA, MD., SAN DIEGO, CALIF., GREAT LAKES,
ILLINOIS, AND OAKLAND CALIFORNIA IN SUCH SPECIALTIES AS CARDIOLOGY,
RADIOLOGY, GENERAL MEDICINE, GENERAL SURGERY, AND HEMATOLOGY; WE CARE
CONFIDENT THAT SATISFACTORY MEDICAL CARE WILL BE PROVIDED TO YOUR
EMERGENCY CASES.
SIGNED
TZU-TU CHOU
REAR ADMIRAL, MC, CN
SURGEON GENERAL
COPIES TO:
C.O., NAVGENHOSP, TSOYING
CH., PROF. DIV.
CHINA, REPUBLIC OF 5 FEB 1975 FLITE DOCUMENT NO. 7502509
MEMORANDUM OF UNDERSTANDING
EXCHANGE OF WEATHER DATA
MEMORANDUM OF UNDERSTANDING BETWEEN CENTRAL WEATHER BUREAU, REPUBLIC
OF CHINA AND UNITED STATES TAIWAN DEFENSE COMMAND REGARDING UNITED
STATES MILITARY WEATHER CIRCUITS ON TAIWAN
1. CONSIDERING THE GENERAL BENEFIT DERIVED FROM THE EXCHANGE OF
WEATHER DATA WITHIN THE WORLD METEOROLOGICAL COMMUNITY IT IS DESIRABLE
TO MAXIMIZE THIS EXCHANGE WHEREVER POSSIBLE. THEREFORE WEATHER DATA
TRANSMITTED OVER SPECIFIC US MILITARY WEATHER CIRCUITS PRESENTLY
TERMINATED ON TAIWAN TO MEET US MILITARY REQUIREMENTS SHOULD BE MADE
AVAILABLE TO REPUBLIC OF CHINA METEOROLOGICAL AGENCIES.
2. THE REPUBLIC OF CHINA CENTRAL WEATHER BUREAU (CWB) AND THE UNITED
STATES TAIWAN DEFENSE COMMAND (USTDC) PURSUANT TO THE PROVISIONS OF
PARAGRAPH 5, ARTICLE III, STATUS OF FORCES AGREEMENT BETWEEN THE
GOVERNMENT OF THE REPUBLIC OF CHINA AND THE GOVERNMENT OF THE UNITED
STATES OF AMERICA AGREE AS FOLLOWS:
A. THE US WILL PROVIDE THE CWB ACCESS TO RECEIPT OF WEATHER DATA FROM
THE US AIR FORCE GLOBAL WEATHER CENTRAL FACSIMILE CIRCUIT AND THE US
MILITARY WEATHER TELETYPE CIRCUIT FROM JAPAN TERMINATE ON TAIWAN;
HOWEVER, ALL COMMUNICATIONS LINES AND TERMINAL EQUIPMENT FROM THE US
MILITARY COMMUNICATIONS TERMINAL ON TAIWAN TO THE CWB LOCATION WILL BE
CWB FURNISHED AND MAINTAINED BY THE CWB AT NO COST TO THE US GOVERNMENT.
B. THE US GOVERNMENT MAY DISCONTINUE ANY OF THE CIRCUITS COVERED BY
THIS AGREEMENT. HOWEVER, 30 DAYS ADVANCE NOTIFICATION OF CIRCUIT
TERMINATION WILL BE MADE BY AIR WEATHER SERVICE, US AIR FORCE TO THE CWB
PRIOR TO EFFECTIVE DATE.
C. REVISIONS TO THIS MEMORANDUM WILL REQUIRE CONCURRENCE OF THE CWB
AND THE USTDC.
D. THIS MEMORANDUM BECOMES EFFECTIVE ON THE DATE OF SIGNATURE.
E. THIS MEMORANDUM WILL BE REVIEWED BY A REPRESENTATIVE OF USTDC AND
THE CWB EVERY 2 YEARS BEGINNING 2 YEARS AFTER THE SIGNATURE DATE.
SIGNED
LIU TAN-NIEN
DIRECTOR
CENTRAL WEATHER BUREAU
REPUBLIC OF CHINA
DATE: 5 FEB 1975
SIGNED
EDWARD M. LINN
LT COLONEL, USAF
OL-B, 1ST WEATHER WING
AWS REPRESENTATIVE
DATE: 8 JAN 1975
SIGNED
E.K. SNYDER
VICE ADMIRAL, USN
COMMANDER, USTDC
DATE: 9 JAN 1975
CHINA, REPUBLIC OF 27 JAN 1975 FLITE DOCUMENT NO. 7502508
AGREEMENT
DATA EXCHANGE PROJECT.
ANNEX NO. DEA-A-75-C-1199 TO THE DATA EXCHANGE AGREEMENT BETWEEN THE
GOVERNMENT OF THE UNITED STATES OF AMERICA AND THE GOVERNMENT OF THE
REPUBLIC OF CHINA
TITLE: ELECTRONIC PROXIMITY FUZES
PURSUANT TO THE TERMS AND CONDITIONS OF THE DATA EXCHANGE AGREEMENT
BETWEEN THE GOVERNMENT OF THE UNITED STATES OF AMERICA AND THE
GOVERNMENT OF THE REPUBLIC OF CHINA SIGNED 14 NOVEMBER 1962 THE TW
GOVERNMENTS HEREBY ESTABLISH THE FOLLOWING DATA EXCHANGE PROJECT:
1. DESCRIPTION AND CLASSIFICATION
A. ELECTRONIC PROXIMITY FUZES. EXCHANGE OF DATA PERTAINING TO
RESEARCH, DEVELOPMENT, TEST, AND EVALUATION OF ELECTRONIC PROXIMITY
FUZES FOR USE IN ROTATING (ARTILLERY) AND NONROTATING (MORTAR AN ROCKET)
AMMUNITION. EXCHANGE OF INFORMATION ON POWER SUPPLIES, BATTERIES,
ANTENNA DESIGN, AND ARMING AND SAFING DEVICES FOR SUCH FUZES IS
INCLUDED. EXCHANGE OF DATA ON ELECTRONIC FUZES OPERATING IN THE VHF,
UHF, AND MICROWAVE FREQUENCY BANDS. ALSO INCLUDED IS THE EXCHANGE OF
DATA ON ELECTRONIC FUZE CIRCUITRY, COMPONENTS, MATERIAL SPECIFICATIONS,
FUNCTIONAL AND ENVIRONMENT TESTING OF INDIVIDUAL COMPONENTS AND END
ITEMS, LABORATORY SIMULATION TECHNIQUES, ANALYTICAL METHODS OF
EVALUATING PERFORMANCE, RELIABILITY EVALUATION, DESIGN TECHNIQUES (BOTH
ELECTRICAL AND MECHANICAL), ELECTRONIC COUNTER-MEASURE VULNERABILITY
TESTING, FABRICATION METHODS AND PROCESSES, AND PACKAGING.
B. HIGHEST CLASSIFICATION OF DATA TO BE EXCHANGED: CONFIDENTIAL
2. ESTABLISHMENTS AND AUTHORITIES CONCERNED
A. FOR THE UNITED STATES
(1) ESTABLISHMENTS
(A) HEADQUARTERS, US ARMY MATERIEL COMMAND
ATTN: AMCRD-PI
5001 EISENHOWER AVENUE
ALEXANDRIA, VIRGINIA 22333
(B) US ARMY ARMAMENTS COMMAND (AMSAR-RD)
ROCK ISLAND, ILLINOIS 61201
ANNEX NO. DEA-A-75-C-1199
(C) CHIEF OF NAVAL OPERATIONS
NAVY DEPARTMENT
ATTN: OPS-63
WASHINGTON, D.C. 20350
(D) COMMANDER, NAVAL ORDNANCE SYSTEMS COMMAND
2521 JEFFERSON DAVIS HIGHWAY
ARLINGTON, VIRGINIA 20360
(2) AUTHORITIES
(A) CHIEF, MAAG, ROC
ATTN: MGRD, BOX 13
APO SAN FRANCISCO 96263
(B) PROJECT OFFICER:
CHIEF, INTERNATIONAL DEVELOPMENT BRANCH, AMCRD-PI
PLANS AND PROGRAMS DIVISION
DIRECTORATE FOR RESEARCH AND DEVELOPMENT AND
ENGINEERING
US ARMY MATERIEL COMMAND
5001 EISENHOWER AVENUE
ALEXANDRIA, VIRGINIA 22333
(C) TECHNICAL PROJECT OFFICER:
MR. M.K. HINE, JR.
HARRY DIAMOND LABORATORIES
ATTN: AMXDO-PP
2800 POWDER MILL ROAD
ADELPHI, MARYLAND 20783
B. FOR THE GOVERNMENT OF THE REPUBLIC OF CHINA
(1) ESTABLISHMENTS
(A) CHIEF, DIVISION 3 (R&D)
OFFICE OF DEPUTY CHIEF, GENERAL STAFF/PLANS
MINISTRY OF NATIONAL DEFENSE
TAIPEI, TAIWAN, REPUBLIC OF CHINA
(B) EXECUTIVE DIRECTOR, CHUNG SHAN INSTITUTE OF SCIENCE AND
TECHNOLOGY
POST OFFICE BOX NO. 1
LUNG-TAN, TAIWAN, REPUBLIC OF CHINA
(C) DIRECTOR, DEPARTMENT OF ELECTRONICS
CHUNG SHAN INSTITUTE OF SCIENCE AND TECHNOLOGY
POST OFFICE BOX NO. 1
LUNG-TAN, TAIWAN, REPUBLIC OF CHINA
(2) AUTHORITIES
(A) CHIEF, DIVISION 3 (R&D)
OFFICE OF DEPUTY CHIEF, GENERAL STAFF/PLANS
MINISTRY OF NATIONAL DEFENSE
TAIPEI, TAIWAN, REPUBLIC OF CHINA
(B) PROJECT OFFICER:
EXECUTIVE DIRECTOR, CHUNG SHAN INSTITUTE OF SCIENCE AND
TECHNOLOGY
POST OFFICE BOX NO. 1
LUNG-TAN, TAIWAN, REPUBLIC OF CHINA
ANNEX NO. DEA-A-75-C-1199
(C) TECHNICAL PROJECT OFFICER:
DIRECTOR, DEPARTMENT OF ELECTRONICS
CHUNG SHAN INSTITUTE OF SCIENCE AND TECHNOLOGY
POST OFFICE BOX NO. 1
LUNG-TAN, TAIWAN, REPUBLIC OF CHINA
(NOTE: ONLY THOSE AUTHORITIES LISTED HEREIN ARE AUTHORIZED TO
INITIATE CORRESPONDENCE. SUCH CORRESPONDENCE WILL BE TRANSMITTED
THROUGH THE PROJECT OFFICER CHANNEL AS PRESCRIBED IN PARAGRAPH 5 OF THE
DATA EXCHANGE AGREEMENT.)
IN WITNESS WHEREOF, THE PARTIES HERETO HAVE EXECUTED THIS ANNEX NO.
DEA-A-75-C-1199 TO THE DATA EXCHANGE AGREEMENT OF THIS 27TH DAY OF
JANUARY 1975.
FOR THE MINISTRY OF DEFENSE OF THE REPUBLIC OF CHINA
SIGNED
LIU SHU-HSI
REAR ADMIRAL, CN
DIRECTOR, DEPARTMENT OF ELECTRONICS
CHUNG SHAN INSTITUTE OF SCIENCE AND TECHNOLOGY
FOR THE DEPARTMENT OF DEFENSE OF THE UNITED STATES OF AMERICA
SIGNED
PETER G. OLENCHUK
MAJOR GENERAL, GS
ASSISTANT DEPUTY CHIEF OF
STAFF FOR RESEARCH, DEVELOPMENT, AND ACQUISITION FOR
INTERNATIONAL PROGRAMS
CHINA, REPUBLIC OF 23 JAN 1975 FLITE DOCUMENT NO. 7502507
MEMORANDUM OF UNDERSTANDING
EXCHANGE OF WEATHER DATA.
MEMORANDUM OF UNDERSTANDING BETWEEN CIVIL AERONAUTICS ADMINISTRATION,
REPUBLIC OF CHINA AND UNITE STATES MILITARY WEATHER CIRCUITS ON TAIWAN
1. CONSIDERING THE GENERAL BENEFIT DERIVED FROM THE EXCHANGE OF
WEATHER DATA WITHIN THE WORLD METEOROLOGICAL COMMUNITY IT IS DESIRABLE
TO MAXIMIZE THIS EXCHANGE WHEREVER POSSIBLE. THEREFORE WEATHER DATA
TRANSMITTED OVER SPECIFIC US MILITARY WEATHER CIRCUITS PRESENTLY
TERMINATED ON TAIWAN TO MEET US MILITARY REQUIREMENTS SHOULD BE MADE
AVAILABLE TO REPUBLIC OF CHINA METEOROLOGICAL AGENCIES.
2. THE REPUBLIC OF CHINA, CIVIL AERONAUTICS ADMINISTRATION (CAA) AND
THE UNITED STATES TAIWAN DEFENSE COMMAND (USTDC) PURSUANT TO THE
PROVISIONS OF PARAGRAPH 5, ARTICLE III, STATUS OF FORCES AGREEMENT
BETWEEN THE GOVERNMENT OF THE REPUBLIC OF CHINA AND THE GOVERNMENT OF
THE UNITED STATES O AMERICA AGREE AS FOLLOWS:
A. THE US WILL PROVIDE THE CAA WITH FREE ACCESS TO RECEIPT OF WEATHER
DATA FROM THE US AIR FORCE GLOBAL WEATHER CENTRAL FACSIMILE CIRCUIT
TERMINATED ON TAIWAN. ALL COMMUNICATIONS LINES AND TERMINAL EQUIPMENT
FROM THE US MILITARY COMMUNICATIONS TERMINAL ON TAIWAN TO THE CAA
LOCATION WILL BE FURNISHED AND MAINTAINED BY THE CAA AT NO COST TO THE
US GOVERNMENT.
B. THE US GOVERNMENT MAY DISCONTINUE THE CIRCUIT COVERED BY THIS
AGREEMENT. HOWEVER, 30 DAYS ADVANCE NOTIFICATION OF CIRCUIT TERMINATION
WILL BE MADE BY AIR WEATHER SERVICE, US AIR FORCE TO TH CAA PRIOR TO THE
EFFECTIVE DATE.
C. REVISIONS TO THIS MEMORANDUM WILL REQUIRE CONCURRENCE OF THE CAA
AND THE USTDC.
D. THIS MEMORANDUM BECOMES EFFECTIVE ON THE DATE OF SIGNATURE.
E. THIS MEMORANDUM WILL BE REVIEWED BY A REPRESENTATIVE OF USTDC AND
THE CAA EVERY 2 YEARS BEGINNING 2 YEARS AFTER THE SIGNATURE DATE.
SIGNED
Y.T. MAO
DIRECTOR GENERAL
CHINESE CIVIL AERONAUTICS
ADMINISTRATION
DATE: 23 JAN 1975
SIGNED
EDWARD M. LINN
LT COLONEL, USAF
OL-B, 1ST WEATHER WING
AWS REPRESENTATIVE
DATE: 8 JAN 1975
SIGNED
E.K. SNYDER
VICE ADMIRAL, USN
COMMANDER, USTDC
DATE: 9 JAN 1975
CHINA, REPUBLIC OF 15 JAN 1975 FLITE DOCUMENT NO. 7502506
AGREEMENT
JOINT AGREEMENT FOR USAF AUGMENTATION OF TAIPEI AREA CONTROL CENTER
AT TAIPEI, TAIWAN.
THE CHINESE CIVIL AERONAUTICS ADMINISTRATION AND THE UNITED STATES
AIR FORCE JOINT AGREEMENT FOR USAF AUGMENTATION OF TAIPEI AREA CONTROL
CENTER AT TAIPEI, TAIWAN
CONSIDERING: UNITED STATES/DEPARTMENT OF THE DEFENSE AIR OPERATIONS
ORIGINATING WITHIN AND TRANSITING THE TAIPEI FLIGHT INFORMATION REGION
AND ITS RESULTANT IMPACT ON THE OPERATION OF THE TAIPEI AREA CONTROL
CENTER.
DESIRING: TO CONTINUE TO MINIMIZE THIS IMPACT SO LONG AS SUCH NEED
EXISTS, THEREBY INSURING AIR TRAFFIC CONTROL SERVICE AND SAFETY OF
FLIGHT TO UNITED STATES DEPARTMENT OF DEFENSE AIR OPERATIONS.
THEREBY: ENHANCING THE CAPABILITY OF THE TAIPEI AREA CONTROL CENTER
TO ABSORB UNITED STATES/DEPARTMENT OF DEFENSE AIR OPERATIONS.
THEREFORE: EFFECTIVE 15 JANUARY 1975, THE CHINESE CIVIL AERONAUTICS
ADMINISTRATION AND THE UNITE STATES AIR FORCE, PURSUANT TO THE STATUS OF
FORCES AGREEMENT BETWEEN THE GOVERNMENTS OF THE REPUBLI OF CHINA AND THE
UNITED STATES OF AMERICA, THAT CONTROLS AND LIMITS THE INTERPRETATION OF
THE PROVISIONS CONTAINED HEREIN, AS WELL AS THE INTERPRETATION OF ANY
SUBSIDIARY AGREEMENTS CONDUCTED HEREUNDER AND WITH SPECIFIC AUTHORITY
DERIVED FROM PARAGRAPH 5, ARTICLE III OF THE STATUS OF FORCES AGREEMENT,
AGREE AS FOLLOWS:
ARTICLE 1 FOR THE PURPOSE OF THIS AGREEMENT, THE FOLLOWING
ABBREVIATIONS/TERMS SHALL BE USED:
CCAA - CHINESE CIVIL AERONAUTICS ADMINISTRATION
TACC - TAIPEI AREA CONTROL CENTER
USAF - UNITED STATES AIR FORCE
DOD - UNITED STATES DEPARTMENT OF DEFENSE
NCMO - NAVIGATIONAL AIDS AND COMMUNICATIONS MANAGEMENT OFFICE OF THE
2165 COMMUNICATIONS GROUP
ARTICLE 2 THE CHINESE CIVIL AERONAUTICS ADMINISTRATION AND THE UNITED
STATES AIR FORCE JOINT AGREEMENT ON USAF AUGMENTATION OF TAIPEI AREA
CONTROL CENTER AT TAIPEI TAIWAN, DATED 1 APRIL 1974 I HEREBY RESCINDED.
ARTICLE 3 THE USAF AGREES TO INSTALL AND MAINTAIN ONE (1) KWM-2A
SINGLE SIDE BAND TRANSMIT/RECEIVE HIGH FREQUENCY (HF) RADIO SET WITH
ANTENNA IN SUPPORT OF USAF/DOD TRAFFIC. THE USAF ALSO AGREES TO PROVIDE
ONE (1) SPARE KWM-2A TO BE UTILIZED IN THE EVENT OF OUTAGE OF THE
PRIMARY RADIO. EQUIPMENT WILL BE LOCATED AT TACC.
ARTICLE 4 THE CCAA AGREES TO OPERATE THE INSTALLED KWM-2A RADIO ON
FREQUENCY 10.081 MHZ TWENTY-FOUR (24) HOURS DAILY.
ARTICLE 5 THE USAF AGREES TO MAINTAIN IN OPERATIONAL STATUS,
COMMENSURATE WITH PRIORITIES ASSIGNED FOR RESTORAL ACTION, THE FOLLOWING
CIRCUITS IN SUPPORT OF USAF/DOD AIRCRAFT MOVEMENTS.
A. TELETYPE CIRCUIT SBF-1 (UNSECURED), WITH EQUIPMENT, FROM TACC TO
CLARK AIRWAYS.
B. VOICE CIRCUIT KM-82 FROM TACC TO MANILA ACC, NORTH SECTOR.
C. VOICE CIRCUIT S-201 FROM TACC TO NAHA ACC.
D. VOICE CIRCUIT SFE-5 FROM TACC TO SAIGON ACC.
ARTICLE 6 THE CCAA AGREES TO OPERATE ALL CIRCUITS REFERRED TO IN
ARTICLE 5 ON A 24 HOUR BASIS AN TO ASSIST THE USAF IN EFFECTING RESTORAL
ACTIONS. OUTAGE OF CIRCUITS/EQUIPMENT IN ARTICLES 3 AND 5 SHALL BE
REPORTED TO THE 2165 COMMUNICATIONS GROUP NCMO.
ARTICLE 7 THE USAF AGREES TO COORDINATE AND ASSIST IN THE MAINTENANCE
AND RESTORAL ACTIONS OF AL USAF EQUIPMENT/CIRCUIT OUTAGES.
ARTICLE 8 THE USAF AND CCAA AGREE TO REVIEW THE REQUIREMENT FOR
CONTINUED OPERATION OF CIRCUITS/EQUIPMENT OUTLINED IN ARTICLES 3 AND 5
AND THE MAINTENANCE ASSISTANCE REFERRED TO IN ARTICLE 7 IN JULY 1975.
WHEN USAF/DOD MILITARY EXIGENCIES DICTATE OR CCAA COMPLETES INSTALLATION
O HOST NATION CAPABILITY OR USAF/DOD TRAFFIC WITHIN THE TAIPEI FIR
DECREASES TO THE POINT THAT THE CIRCUITS/EQUIPMENT, INDIVIDUALLY OR
COLLECTIVELY, ARE NO LONGER DEEMED ESSENTIAL BY THE USAF FOR SAFETY OF
FLIGHT; REDUCED SUPPORT OF THE AFFECTED CIRCUITS/EQUIPMENT MAY BE
IMPLEMENTED. ADVANCE NOTIFICATION OF NINETY (90) DAYS SHALL BE GIVEN TO
THE CCAA PRIOR TO ANY REDUCTION.
ARTICLE 9 REVISIONS TO THIS AGREEMENT WILL REQUIRE CONCURRENCE OF
BOTH PARTIES.
SIGNED
MAO, Y.T., LT. GEN. (RET.)
DIRECTOR GENERAL
CHINESE CIVIL AERONAUTICS ADMINISTRATION
SIGNED
YANG, HOW-MING
DIRECTOR, AIR NAVIGATION & WEATHER SVCS
CHINESE CIVIL AERONAUTICS ADMINISTRATION
SIGNED
LYNWOOD E. CLARK
BRIGADIER GENERAL, USAF
COMMANDER, 327TH AIR DIVISION
SIGNED
FULTON C. PETWAY
COLONEL, USAF
COMMANDER, 2165TH COMMUNICATIONS
GROUP
(DISTRIBUTION TABLE OMITTED)
CHINA, REPUBLIC OF 15 JAN 1975 FLITE DOCUMENT NO. 7502505
AGREEMENT
RESPONSIBILITIES OF USAF AIR TRAFFIC CONTROL COORDINATOR AT TAINAN
AIR BASE, TAIWAN, REPUBLIC OF CHINA.
JOINT LETTER OF AGREEMENT BETWEEN THE UNITED STATES AIR FORCE AND THE
CHINESE AIR FORCE
SUBJECT: RESPONSIBILITIES OF USAF AIR TRAFFIC CONTROL COORDINATOR AT
TAINAN AIR BASE, TAIWAN, REPUBLIC OF CHINA
EFFECTIVE: 15 JANUARY 1975
PURPOSE: THIS AGREEMENT OUTLINES GENERAL POLICIES, AUTHORITIES, AND
RESPONSIBILITIES OF THE AIR TRAFFIC CONTROL (ATC) COORDINATOR ASSIGNED
TO TAINAN AIR BASE AIR TRAFFIC CONTROL FACILITIES IN SUPPORT OF UNITED
STATES/DEPARTMENT OF DEFENSE (US/DOD) AIRCRAFT OPERATIONS. THIS
AGREEMENT IS CONSUMATED PURSUANT TO THE PROVISIONS OF PARAGRAPH 5,
ARTICLE III, STATUS OF FORCES AGREEMENT BETWEEN THE GOVERNMENT OF THE
REPUBLIC OF CHINA AND THE GOVERNMENT OF THE UNITED STATES OF AMERICA.
THIS AGREEMENT SUPERSEDES THE JOINT LETTER OF AGREEMENT BETWEEN THE
UNITED STATES AIR FORCE AND THE CHINESE AIR FORCE, SUBJECT,
RESPONSIBILITIES OF USAF AIR TRAFFIC CONTROL COORDINATOR AT TAINAN AIR
BASE, TAIWAN, REPUBLIC OF CHINA, DATED 1 OCTOBER 1974.
SCOPE: THIS AGREEMENT IS APPLICABLE TO ALL SIGNING AGENCIES AND
THEIR SUBORDINATE UNITS.
PART 1: ASSIGNMENT OF USAF AIR TRAFFIC CONTROL COORDINATOR:
1-1. COORDINATOR DUTIES: THE ASSIGNED PERSONNEL SHALL PROVIDE
LIAISON BETWEEN THE US/DOD AND TH TAINAN CHINESE AIR FORCE ATC
FACILITIES IN SUPPORT OF US/DOD AIRCRAFT OPERATIONS. USAF ATC PERSONNEL
SHALL NOT ENGAGE IN THE ACTIVE CONTROL OF AIR TRAFFIC, BUT SHALL BE
AVAILABLE AS REQUIRED SOLELY TO RESOLVE LANGUAGE DIFFICULTIES AND/OR
ADVISE ON PROCEDURES/POLICIES AS NECESSARY. HE SHAL ADVISE THE CAF AND
USAF COMMUNICATIONS ORGANIZATION COMMANDERS ON ATC MATTERS WHEN
REQUESTED. WHEN REQUESTED, HE SHALL ASSIST THE CAF ATC STAFF IN
EVALUATING PROCEDURES AND EQUIPMENT CAPABILITIES. DETAILS OUTLINING
SPECIFIC ATC COORDINATOR DUTIES AND RESPONSIBILITIES SHALL BE AS SET
FORTH IN WRITTEN AGREEMENTS BETWEEN APPROPRIATE AGENCIES.
1-2. FACILITY RATING: THE USAF ATC COORDINATOR SHALL NOT BE
FACILITY RATED IN THE TAINAN FACILITIES, BUT IS REQUIRED TO BE FAMILIAR
WITH THE PROCEDURES AND OPERATION OF THE CONTROL TOWER AND GCA
FUNCTIONS.
1-3. AUTHORITY:
A. THE USAF ATC COORDINATOR SHALL NOT INFRINGE UPON THE AUTHORITY OF
THE CAF ATC STAFF. HIS DUTIES ARE STRICTLY LIMITED TO COORDINATION OF
US/DOD REQUIREMENTS AND TO THE PROVISION OF ADVICE WHEN REQUESTED.
B. THE USAF ATC COORDINATOR SHALL HAVE UNLIMITED ACCESS TO ATC TAPE
RECORDINGS FOR THE PURPOSE O INVESTIGATING AIRCRAFT ACCIDENTS/INCIDENTS
INVOLVING US/DOD AIRCRAFT. THESE RECORDINGS SHALL BE TREATED AS
SENSITIVE MATERIAL, FOR OFFICIAL USE ONLY.
C. WHEN REQUESTED, THE CAF SHALL PROVIDE THE ATC COORDINATOR WITH
PERTINENT AIRFIELD CONDITIONS AT THE PING TUNG NORTH AND TAINAN AIR
BASES AS WELL AS SIGNIFICANT CHANGES TO THESE CONDITIONS.
D. DURING PERIODS THE ATC COORDINATOR IS ON STANDBY, THE CAF CONTROL
TOWER SUPERVISOR SHALL EFFECT NOTIFICATION TO THE ATC COORDINATOR, AT
THE EARLIEST POSSIBLE TIME, OF IMPENDING US/DOD ARRIVAL/DEPARTURE
OPERATIONS.
PART 2: 2-1. TERMINATION PROCEDURES: THE PROVISIONS OF THIS
AGREEMENT SHALL BE REVIEWED ANNUALLY ON THE ANNIVERSARY DATE OF THIS
AGREEMENT AND SHALL BE TERMINATED UPON CONCURRENCE OF THE SIGNING
AGENCIES THAT A REQUIREMENT NO LONGER EXISTS.
SIGNED
CHANG WEI-LIEH, MAJOR GENERAL, CAF
COMMANDER, TAINAN AIR BASE
SIGNED
J.T. DAY, LT COL, CAF
COMMANDER, 1ST ATC/COMM SQUADRON
SIGNED
JOSEPH W LA CASSE, LT COL, USAF
COMMANDER, 6214 AIR BASE SQUADRON
SIGNED
MICHAEL A BARTKOWSKI, CAPT, USAF
COMMANDER, DET 1, 2165 COMM GP
(DISTRIBUTION TABLE OMITTED)
CHINA, REPUBLIC OF 6 DEC 1974 FLITE DOCUMENT NO. 7502504
AGREEMENT
CANCELLATION OF LETTER OF AGREEMENT RELATING TO INITIATING ATC NOTAMS
AT TAINAN AIR BASE, DATED 1 MAY 1973
CANCELLATION OF LETTER OF AGREEMENT
LETTER OF AGREEMENT BETWEEN THE 1ST ATC/COMM SQ (CAF), 2128 COMM SQ
(USAF) AND CHING CHUAN KANG BASE OPERATIONS, SUBJECT, INITIATING ATC
NOTAMS AT TAINAN AIR BASE, DATED 10 MAY 1973, IS HEREBY CANCELLED
EFFECTIVE 6 DECEMBER 1974.
SIGNED
J.T. DAY, LT COLONEL, CAF
COMMANDER, 1ST ATC/COMM SQ
SIGNED
DWIGHT C. WORDEN, MAJOR, USAF
CHIEF, BASE OPERATIONS AND TRAINING
SIGNED
MICHAEL A. BARTKOWSKI, CAPTAIN, USAF
COMMANDER, DET 1, 2165 COMM GP
CHINA, REPUBLIC OF 18 NOV 1974 FLITE DOCUMENT NO. 7502503
AGREEMENT
FLIGHT PROCEDURES FOR TACTICAL FIGHTER OPERATIONS AT CHING CHUAN KANG
(CCK)
USAF 327TH AIR DIVISION, 6217TH TACTICAL GROUP, 2129TH COMMUNICATION
SQUADRON, AND TAIPEI AREA CONTROL CENTER, CHINESE CIVIL AERONAUTICS
ADMINISTRATION
LETTER OF AGREEMENT
SUBJECT: FLIGHT PROCEDURES FOR TACTICAL FIGHTER OPERATIONS AT CHING
CHUAN KANG (CCK)
1. PURPOSE: TO ESTABLISH CONTROL PROCEDURES FOR USAF TACTICAL
FIGHTER OPERATIONS AT CCK FOR FLIGHTS TO AND FROM "ALPHA ONE" AND
"CHARLIE KILO" TRAINING AREAS.
2. SCOPE: THIS LETTER OF AGREEMENT APPLIES TO FLIGHT ROUTES FOR
TACTICAL FIGHTER FLIGHTS FROM CCK TO AND FROM "ALPHA ONE" AND "CHARLIE
KILO" TRAINING AREAS, EXCLUDING ACTIVE AIR DEFENSE MISSIONS. THESE
ROUTES WILL BE FILED IN CONDENSED FORM, SEE ATTACHMENT #1.
3. SEPARATION STANDARDS: ALL CONTROLLING AGENCIES WILL PROVIDE
STANDARD IFR SEPARATION, AS APPLICABLE, IN CAA/CAF AND USAF MANUALS AND
DIRECTIVES.
NOTE: UNTIL STANDARD INSTRUMENT DEPARTURES (SID'S) ARE PROPERLY
ESTABLISHED, DURING THE DEPARTUR PHASE OF THESE ROUTES CCK RAPCON SHALL
PROVIDE RADAR VECTORS WHILE AIRCRAFT ARE WITHIN CCK DELEGATE AIRSPACE.
4. EXPLANATION OF ROUTES:
A. "ALPHA ONE" ROUTE:
(1) RUNWAY 36 DEPARTURE: AIRCRAFT DEPARTING CCK ON RUNWAY 36 WILL
MAINTAIN RUNWAY HEADING UNTIL CCK 3.5 DME, THEN START A LEFT HALF
STANDARD RATE TURN REMAINING AT OR BELOW 6,000 FEET MSL UNTIL CROSSING
THE CCK 325 DEGS. RADIAL TURNING TO A HEADING OF 180 DEGS. TO INTERCEPT
THE HOU-LUNG (HLG) 213 DEGS. RADIAL AND PROCEED OUTBOUND REMAINING AT OR
BELOW 14,000 FEET MSL UNTIL HLG 48 DME, THEN CLIMBING ON THE HLG 213
DEGS. RADIAL TO BE LEVEL AT FL 200 BY HLG 80 DME AND MAINTAINING FL 200
UNTIL ENTERING THE "ALPHA ONE" TRAINING AREA.
(2) RUNWAY 18 DEPARTURE: AIRCRAFT DEPARTING CCK ON RUNWAY 18 WILL
MAINTAIN RUNWAY HEADING TO BE AT OR ABOVE 1,335 FEET MSL AT CCK 3.5 DME,
THEN TURNING RIGHT TO A HEADING OF 275 DEGS. REMAINING A OR BELOW 6,000
FEET MSL UNTIL PAST THE CCK 240 DEGS. RADIAL, THEN A CLIMBING LEFT TURN
TO INTERCEPT THE HLG 213 DEGS. RADIAL AND PROCEED OUTBOUND REMAINING AT
OR BELOW 14,000 FEET MSL UNTIL HLG 48 DME, THEN CLIMBING ON THE HLG 213
DEGS. RADIAL TO BE LEVEL AT FL 200 BY HLG 80 DME AND MAINTAINING FL 200
UNTIL ENTERING THE "ALPHA ONE" TRAINING AREA.
(3) RECOVERY: AIRCRAFT DEPARTING "ALPHA ONE" FOR AN IFR RECOVERY TO
CCK WILL DEPART "ALPHA ONE" AT FL 210 ON THE HLG 213 DEGS. RADIAL
PROCEEDING INBOUND AND STARTING A DESCENT NO EARLIER THAN HLG 70 DME TO
BE LEVEL AT 12,000 MSL BY HLG 48 DME FOR APPROACH CONTROL.
(4) RADIO-OUT RECOVERY: RADIO-OUT FLIGHTS WILL DEPART "ALPHA ONE"
AND PROCEED TO PENETRATE AT AMBER IAF ON THEIR ETA. AIRCRAFT WILL
DEPART "ALPHA ONE" ON THE HLG 213 DEGS. RADIAL AT FL 210 PROCEEDING
INBOUND, STARTING A DESCENT AT HLG 70 DME ON THE HLG 213 DEGS. RADIAL TO
14,000 FEET MSL AND THEN TURNING DIRECT TO AMBER IAF.
B. "CHARLIE KILO" ROUTE:
(1) RUNWAY 36 DEPARTURE: AIRCRAFT DEPARTING CCK ON RUNWAY 36 WILL
MAINTAIN THE RUNWAY HEADING UNTIL CCK 3.5 DME, THEN START A LEFT HALF
STANDARD RATE TURN REMAINING AT OR BELOW 6,000 FEET MSL UNTIL CROSSING
THE CCK 325 DEGS. RADIAL, THEN CONTINUING THE LEFT CLIMBING TURN TO BE
AT 14,000 FEE MSL BY THE CCK 287 DEGS./5 DME: MAINTAINING 14,000 FEET
MSL BY THE 287 DEGS./5 DME: MAINTAINING 15,000 FEET MSL AND
INTERCEPTING THE CCK 107 DEGS. RADIAL OUTBOUND UNTIL 10 DME, THEN
CLIMBING TO REACH FL 210 BY HUALIEN (HLN) 287 DEGS./5 DME, REMAINING AT
FL 210 OUTBOUND FROM HLN ON THE 090 DEGS. RADIAL TO 10 DME, THEN DIRECT
TO "CHARLIE KILO" TRAINING AREA.
(2) RUNWAY 18 DEPARTURE: AIRCRAFT DEPARTING CCK ON RUNWAY 18 WILL
MAINTAIN RUNWAY HEADING TO BE AT OR ABOVE 1,335 FEET MSL AT CCK 3.5 DME;
THEN BEGINNING A RIGHT HALF STANDARD RATE TURN TO A HEADING OF 275
DEGS. CLIMBING TO OR BELOW 6,000 FEET MSL UNTIL PAST THE CCK 240 DEGS.
RADIAL THEN BEGINNING A CLIMB RIGHT HALF STANDARD RATE TURN TO BE AT
14,000 FEET MSL BY THE CCK 287 DEGS./5 DME MAINTAINING 14,000 FEET MSL
AND INTERCEPTING THE CCK 107 DEGS. RADIAL OUTBOUND UNTIL 10 DME; THEN
CLIMBING TO REACH FL 210 BY HLN 287 DEGS./5 DME, REMAINING AT FL 210
OUTBOUND FROM HLN ON THE 090 DEGS. RADIAL TO 10 DME, THEN DIRECT TO
"CHARLIE KILO" TRAINING AREA.
(3) RECOVERY: AIRCRAFT DEPARTING "CHARLIE KILO" FOR AN IFR RECOVERY
TO CCK WILL DEPART "CHARLIE KILO" AT FL 200 DIRECT TO HLN 090 DEGS./10
DME, DIRECT HLN THEN OUTBOUND ON HLN 290 DEGS. RADIAL UNTIL 5 DME;
MAINTAINING AT OR ABOVE FL 160 DIRECT TO INTERCEPT THE CCK 090 DEGS./18
DME, THEN DESCENDING TO 14,000 FEET MSL BY CCK 10 DME FOR APPROACH
CONTROL.
(4) RADIO-OUT RECOVERY: RADIO-OUT FLIGHTS WILL DEPART "CHARLIE KILO"
SO AS TO ARRIVE AT AMBER IAF AT ETA. AIRCRAFT WILL DEPART "CHARLIE
KILO" DIRECT TO THE HLN 090 DEGS./10 DME AT FL 200, DIRECT HLN, DIRECT
TO AMBER IAF VIA THE 275 DEGS. RADIAL OF HLN, DESCENDING TO 14,000 FEET
MSL NO EARLIER THAN HLN 40 DME TO BE LEVEL NO LATER THAN HLN 50 DME.
5. RESPONSIBILITIES:
A. AIRCREWS:
(1) AIRCREW MEMBERS ARE RESPONSIBLE TO FILE THE APPROPRIATE
(CONDENSED) FLIGHT PLAN WITH CCK BAS OPERATIONS.
(2) AIRCREW MEMBERS ARE RESPONSIBLE FOR DEPARTURE, ENROUTE AND
RECOVERY NAVIGATION AND APPROPRIATE IFF-SIF PROCEDURES INCLUDING
RADIO-OUT.
B. BASE OPERATIONS: CCK BASE OPERATIONS IS RESPONSIBLE FOR
TRANSMITTING THE FLIGHT PLAN (CONDENSED) TO THE APPROPRIATE ATC
FACILITIES.
C. CCK APPROACH CONTROL:
(1) CCK APPROACH CONTROL SHALL NOTIFY TAIPEI AREA CONTROL CENTER
(TACC) WHEN TACTICAL TRAFFIC IS CLEAR OF AIRWAY W-4.
(2) CCK APPROACH CONTROL, TO THE EXTENT POSSIBLE, WILL EFFECT RADAR
HANDOFFS OF FLIGHTS TO GCI CONTROL.
(3) CCK APPROACH CONTROL IS RESPONSIBLE TO NOTIFY TACC WHEN TACTICAL
FLIGHTS ARE CLEAR OF CENTER AIRSPACE.
D. GCI: NORMALLY IT IS NOT A RESPONSIBILITY OF GCI TO PROVIDE
TRAFFIC SEPARATION, HOWEVER, UNDE THIS LETTER OF AGREEMENT, GCI IS
TASKED WITHIN THEIR CAPABILITIES WITH THE FOLLOWING:
(1) GCI WILL PROVIDE RADAR MONITORING FOR FLIGHTS TO AND FROM THE
TRAINING AREAS.
(2) GCI WILL NOTIFY TACC WHEN THE FLIGHT IS CLEAR OF AIRWAY W-7 AND
B-91 WHEN USING THE "CHARLIE KILO" ROUTE.
(3) GCI WILL AFFECT A RADAR HANDOFF/TRANSFER OF COMMUNICATIONS WITH
CCK APPROACH CONTROL NOT LATER THAN HLG 48 DME OR CCK 090 DEGS./10 DME
AS APPROPRIATE DURING RECOVERIES.
(4) GCI WILL NOTIFY TACC WHEN FLIGHTS ARE DEPARTING THE "CHARLIE
KILO" TRAINING AREA.
E. TAIPEI AREA CONTROL CENTER (TACC):
(1) UPON RECEIPT OF THE FLIGHT PLAN (CONDENSED) TACC WILL PLAN TO
RESERVE AIRSPACE AND/OR AIRWAY AS REQUIRED FOR THE REQUESTED ROUTE.
(2) UPON ACTIVATION OF THE "ALPHA ONE" ROUTE FLIGHT PLAN, TACC WILL
RESERVE THAT PORTION OF AIRWAY W-6 AS SPECIFIED IN THE EXPLANATION AT FL
200 AND FL 210 FOR THE DURATION OF THE FLIGHT, OR UNTIL NOTIFIED THAT
FLIGHTS ARE CLEAR.
(3) UPON ACTIVATION OF THE "CHARLIE KILO" ROUTE FLIGHT PLAN, TACC
WILL RESERVE THAT PORTION OF AIRWAY W-4 THAT IS WITHIN THE CCK RAPCON
AREA AT 14,000 FEET MSL UNTIL NOTIFIED BY CCK APPROACH CONTROL THAT W-4
IS CLEAR.
(4) TACC WILL RESERVE THAT PORTION OF AIRWAY W-4 THAT IS WITHIN CCK
RAPCON AREA AT 14,000 FEET MSL WHEN NOTIFIED OF FLIGHT RECOVERY BY GCI
OR 15 MINUTES PRIOR TO ETA UNTIL 15 MINUTES AFTER ETA.
(5) UPON ACTIVATION OF THE "CHARLIE KILO" ROUTE FLIGHT PLAN, TACC
WILL RESERVE THAT PORTION OF AIRWAY B-91 AND W-7 AT FL 200 AND FL 210
FOR THE DURATION OF THE FLIGHT, OR UNTIL NOTIFIED THAT FLIGHTS ARE
CLEAR.
6. GENERAL:
A. IT IS IMPERATIVE THAT ALL UNITS WHICH ARE SIGNATORY TO THIS
AGREEMENT DEVELOP SUPPORTING OPERATING PROCEDURES.
B. REVISIONS TO THIS AGREEMENT WILL REQUIRE CONCURRENCE BY ALL UNITS
WHICH ARE SIGNATORY TO THIS AGREEMENT.
(SIGNATURES OMITTED)
ATCH #1
MINIMUM REQUIREMENTS FOR "ALPHA ONE" AND "CHARLIE KILO" FLIGHT PLAN
1. FLIGHT CALL SIGN
2. TYPE AIRCRAFT
3. NUMBER OF AIRCRAFT IN THE FLIGHT
4. DEPARTURE TIME
5. ROUTE OF FLIGHT, I.E., "ALPHA ONE" OR "CHARLIE KILO"
6. ETA AT AMBER IAF
7. ETD FROM TRAINING AREA
CHINA, REPUBLIC OF 14 NOV 1974 FLITE DOCUMENT NO. 7502502
AGREEMENT
CANCELLATION OF OPERATIONS LETTERS FOR TAINAN AIR BASE.
CANCELLATION OF OPERATIONS LETTERS FOR TAINAN AIR BASE
THE BELOW LISTED OPERATIONS LETTERS DETAILING OPERATIONAL
RESPONSIBILITIES OF THE TAINAN AIR BASE CONTROL TOWER AND GCA FACILITIES
ARE CANCELLED EFFECTIVE 14 NOVEMBER 1974.
1. TAINAN TOWER/GCA (USAF) OPERATIONS LETTER NO. 1, OPERATION OF
TAINAN AIR BASE CONTROL TOWER/GCA FACILITIES, DATED 16 JANUARY 1974.
2. TAINAN TOWER/GCA (USAF) OPERATIONS LETTER NO. 2, ATC TAPE
RECORDINGS, DATED 26 MARCH 1974.
3. TAINAN TOWER (USAF) OPERATIONS LETTER NO. 4,
EMERGENCY/ACCIDENT/AIR EVAC PROCEDURES, DATED 21 JUNE 1971.
4. TAINAN TOWER/GCA (USAF) OPERATIONS LETTER NO. 5, USAF AUGMENTEE
CONTROLLER PERIODS OF OPERATION, DATED 1 MARCH 1974.
5. TAINAN TOWER/GCA (USAF) OPERATIONS LETTER NO. 7, EXTERNAL STORES
JETTISON AREA, DATED 23 APRI 1973.
6. TAINAN TOWER (USAF) OPERATIONS LETTER NO. 10, AIRFIELD AND RUNWAY
CHECKS, DATED 15 FEBRUARY 1973.
7. TAINAN TOWER/GCA (USAF) OPERATIONS LETTER NO. 11, EVACUATION OF
ATC FACILITIES BY USAF PERSONNEL DURING TYPHOON CONDITIONS, DATED 1
AUGUST 1972.
8. TAINAN TOWER (USAF) OPERATIONS LETTER NO. 12, HAZARDOUS CARGO,
DATED 1 JANUARY 1972.
9. TAINAN TOWER/GCA (USAF) OPERATIONS LETTER NO. 13, TOWER/GCA 302A
SYSTEM COORDINATION PROCEDURES, DATED 10 APRIL 1973.
10. TAINAN TOWER (USAF) OPERATIONS LETTER NO. 18, UNAUTHORIZED OR
UNIDENTIFIED AIRCRAFT, DATED 1 JUNE 1972.
SIGNED
CHANG WEI-LIEH, MAJOR GENERAL, CAF
COMMANDER, TAINAN AIR BASE
SIGNED
JOSEPH W. LACASSE, LT COL, USAF
COMMANDER, 6214 AIR BASE GROUP
CHINA, REPUBLIC OF 11 NOV 1974 FLITE DOCUMENT NO. 7502501
AGREEMENT
CHARLIE KILO TRAINING AREA: ESTABLISHES PROCEDURES FOR UTILIZATION
OF THIS SPECIAL USE AIRSPACE.
CHINESE AIR FORCE COMBAT AIR COMMAND, CHINESE CIVIL AERONAUTICS
ADMINISTRATION, USAF 327TH AIR DIVISION AND USAF 6217TH TACTICAL GROUP
LETTER OF AGREEMENT
EFFECTIVE: NOVEMBER 11, 1974
SUBJECT: "CHARLIE KILO" TRAINING AREA
1. PURPOSE: THIS AGREEMENT DESCRIBES THE "CHARLIE KILO" TRAINING
AREA, AND ESTABLISHES PROCEDURES FOR UTILIZATION OF THIS SPECIAL USE
AIRSPACE.
2. SCOPE: THE PROCEDURES CONTAINED HEREIN ARE APPLICABLE TO THE AIR
CONTROL CENTER (ACC) CAC CAF, USAF 327TH AIR DIVISION, 6217TH TACTICAL
GROUP AND THE TAIPEI AREA CONTROL CENTER (TACC) ANWS, CCAA.
3. DESCRIPTION OF AIRSPACE:
A. GEOGRAPHICAL BOUNDARIES:
BEGINNING AT 24 DEGS. 43'30"N/122 DEGS. 13'E DIRECT TO 24 DEGS.
39'40N/123 DEGS. E DIRECT 23 DEGS 43'30"N/123 DEGS. E DIRECT 23 DEGS.
30'N/122 DEGS. 01'E DIRECT 24 DEGS. 19'30"N/122 DEGS. 17'30"E DIRECT TO
POINT OF BEGINNING. THIS BOUNDARY LINE ABUTS THE TAIWAN ADIZ EASTERN
BOUNDARY, AND PROVIDES A 15 NM BUFFER FROM AIRWAY G-81 AND R-95, AND A
10 NM BUFFER FROM AIRWAY W-7.
B. VERTICAL DIVISION:
"CHARLIE KILO" IS DIVIDED INTO THREE OPERATING LEVELS:
LOW LEVEL: FROM SURFACE TO 10,000 FEET MSL, INCLUSIVELY.
MIDDLE LEVEL: FROM 11,000 FEET MSL TO 20,000 FEET MSL, INCLUSIVELY.
HIGH LEVEL: FROM 21,000 FEET MSL AND ABOVE.
4. PROCEDURES:
A. JURISDICTION:
JURISDICTION OF "CHARLIE KILO" IS DELEGATED BY CCAA TO THE ACC, CAC
CAF. ACC SHALL COORDINATE WITH THE TAIPEI ACC IN SCHEDULING FLIGHT
OPERATIONS IN THE AREA, AND SHALL BE THE FINAL AUTHORITY I ASSIGNMENT OF
TRAINING PERIODS IN "CHARLIE KILO" AIRSPACE FOR BOTH CIVIL AND MILITARY
ACTIVITIES.
B. APPLICATION FOR USE OF TRAINING AIRSPACE:
(1) CIVIL AIRCRAFT SHALL, IF POSSIBLE, MAKE APPLICATION TO TACC AT
LEAST THREE DAYS IN ADVANCE FOR USE OF REQUIRED TRAINING AIRSPACE. TACC
SHALL FORWARD THESE APPLICATIONS TO ACC THROUGH JCC.
(2) MILITARY TRAINING SCHEDULES SHALL BE SUBMITTED TO ACC, CAC, AT
LEAST THREE DAYS IN ADVANCE, AND THE AIRSPACE REQUIREMENT SHALL BE
CONFIRMED AT LEAST 4 HOURS IN ADVANCE.
C. SCHEDULING OF TRAINING AIRSPACE:
(1) TO THE EXTENT FEASIBLE, ACC SHALL NOT SCHEDULE CIVIL AND MILITARY
OPERATIONS IN "CHARLIE KILO", SIMULTANEOUSLY.
(2) IF (1) ABOVE IS NOT FEASIBLE, ACC SHALL ASSIGN DIFFERENT FLIGHT
LEVELS TO CIVIL AND MILITARY OPERATIONS IN ACCORDANCE WITH PARAGRAPH
3.B., ABOVE.
(3) IF THE SCHEDULED TRAINING PERIOD, AS APPROVED, CANNOT BE MET
WITHIN PLUS/MINUS 30 MINUTES, THE USER SHALL SO INFORM THE APPROPRIATE
UNIT FOR FURTHER COORDINATION AND RESCHEDULING.
D. ATC CLEARANCES/POSITION REPORTS:
(1) FLIGHTS REQUIRING ATC ENROUTE CLEARANCE TO "CHARLIE KILO" SHALL
FILE IFR FLIGHT PLANS AND OBTAIN APPROPRIATE ATC CLEARANCES.
(2) A POSITION REPORT SHALL BE FORWARDED TO TACC WHEN CLEARING AIRWAY
W-7 ENROUTE TO "CHARLIE KILO".
(3) UPON COMPLETION OF TRAINING, AND PRIOR TO RE-ENTERING AIRWAY W-7,
AN ATC CLEARANCE SHALL BE OBTAINED FROM TACC, UNLESS THIS CLEARANCE HAS
ALREADY BEEN RECEIVED.
E. COMMUNICATIONS REQUIREMENTS:
(1) CIVIL AIRCRAFT SHALL MAINTAIN A LISTENING WATCH ON 125.5 MHZ
WHILE OPERATING IN THE "CHARLIE KILO" TRAINING AREA.
(2) MILITARY AIRCRAFT SHALL MAINTAIN RADIO CONTACT WITH THE AC & W
UNIT, WHILE OPERATING IN THE "CHARLIE KILO" TRAINING AREA.
(3) AC & W UNIT WILL PROVIDE RADAR MONITORING OF BOTH MILITARY AND
CIVIL AIRCRAFT WHILE OPERATIN IN "CHARLIE KILO".
F. CAUTION:
DUE TO THE CLOSE PROXIMITY TO AIRWAY W-7, TERMINAL OPERATIONS AT THE
HUALIEN AIRPORT AND HOLDING PATTERNS AT TANGO HOTEL AND TANGO INDIA, ALL
PILOTS AND AC & W CONTROLLERS MUST MAKE EVERY EFFORT T ENSURE THAT ALL
ACTIVITIES IN "CHARLIE KILO" ARE CONFINED WITHIN THE BOUNDARIES OF THAT
AREA.
APPROVED:
SIGNED
YAO, CHAO-YUAN, LT. GENERAL
COMMANDER, COMBAT AIR COMMAND
CHINESE AIR FORCE
SIGNED
MAO, YING-TSU, LT. GENERAL (RET.)
DIRECTOR GENERAL
CHINESE
CIVIL AERONAUTICS ADMINISTRATION
SIGNED
LYNWOOD E. CLARK
BRIGADIER GENERAL, USAF
COMMANDER, 327TH AIR DIVISION
SIGNED
ELMER G. ALLRED
COLONEL, USAF
COMMANDER, 6217TH TACTICAL GROUP
CHINA, REPUBLIC OF 8 NOV 1974 FLITE DOCUMENT NO. 7502500
AGREEMENT
OPERATIONS LETTER BETWEEN 2129 COMM SQ (USAF) CCK BASE OPERATIONS
(USAF) DET 23, 1ST WEATHER WING (USAF) 3RD BASE WEATHER CENTER (CAF) 3RD
ATC/COMM SQ (CAF).
OPERATIONS LETTER BETWEEN 2129 COMM SQ (USAF) CCK BASE OPERATIONS
(USAF) DET 23, 1ST WEATHER WING (USAF) 3RD BASE WEATHER CENTER (CAF) 3RD
ATC/COMM SQ (CAF)
CCK CONTROL TOWER LETTER NO. 12
CCK RAPCON LETTER NO. 9
DET 23, 1ST WEATHER WING LETTER NO. ____
3RD BASE WEATHER CENTER LETTER NO. ____
2129 COMM SQ MAINTENANCE LETTER NO. ____
CCK BASE OPERATIONS LETTER NO. ____
SUBJECT: WEATHER DISSEMINATION AND MAINTENANCE PROCEDURES
EFFECTIVE: 8 NOV 1974
(CANCELS CCK RAPCON LETTER NO. 9; CCK CONTROL TOWER LETTER NO. 12;
DET 23, 1ST WEATHER WING LETTE (UNNUMBERED); 2129 COMM SQ MAINT LETTER
NO. ____ DATED 16 OCT 1973)
1. PURPOSE: TO ESTABLISH PROCEDURES FOR THE TIMELY DISSEMINATION OF
WEATHER INFORMATION BETWEEN THE CCK WEATHER FACILITIES AND AIR TRAFFIC
CONTROL FACILITIES. PROVIDE FOR THE MAINTENANCE AND OPERATION OF THE
CCK PILOT TO FORECASTER SERVICE (PFSV), AND INSURE THE RELIABILITY OF
DUAL WIND SENSORING EQUIPMENT. TO PROVIDE FOR TRAINING AND
CERTIFICATION OF USAF CONTROL TOWER PERSONNEL IN MAKING LIMITED WEATHER
OBSERVATION AS REQUIRED BY AFM 60-5 AND OUTLINED IN AWSP 50-8 AND AWSR
50-10
2. THIS LETTER IS APPLICABLE TO THE 3RD BASE WEATHER CENTER (CAF),
3RD ATC/COMM SQ (CAF), DETACHMENT 23, 1ST WEATHER WING (MAC) USAF AND
2129TH COMMUNICATIONS SQUADRON (AFCS) USAF, PURSUANT TO THE PROVISIONS
OF ARTICLE 5B OF THE CHINESE AIR FORCE AND THE UNITED STATES AIR FORCE
JOINT AGREEMENT ON OPERATION OF AIR TRAFFIC CONTROL FACILITIES AT CHING
CHUAN KANG AIR BASE, TAIWAN, DATE 15 SEPTEMBER 1971.
3. WEATHER DISSEMINATION PROCEDURES:
A. THE CAF WEATHER OBSERVER IN THE REPRESENTATIVE WEATHER OBSERVATION
SITE (RWOS) SHALL:
(1) PROVIDE CCK CONTROL TOWER AND RAPCON WITH TIMELY WEATHER DATA
INCLUDING RECORD, SPECIAL AND LOCAL OBSERVATION VIA THE AUTOWRITER.
(2) FOR THE INITIAL RUNWAY VISUAL RANGE (RVR) OBSERVATION, THE RWOS
OBSERVER WILL DETERMINE WHEN AN RVR READING IS REQUIRED AND COORDINATE
THE APPROPRIATE HIGH INTENSITY RUNWAY LIGHTS (HIRL) SETTING TO BE USED
WITH THE TOWER. ADDITIONALLY, THE RWOS OBSERVER WILL CONFIRM THE HIRL
SETTING PRIOR TO TAKING ANY RVR READING.
(3) RELAY WEATHER INFORMATION VIA THE WEATHER NET OR OTHER TELEPHONE
COMMUNICATION WHEN THE AUTOWRITER IS INOPERATIVE.
B. THE CONTROL TOWER SHALL:
(1) ADVISE THE RWOS EVERY TIME THE HIRL SETTING IS CHANGED.
ADDITIONALLY, TOWER WILL CHANGE THE HIRL SETTING TO THE LEVEL REQUESTED
BY THE RWOS OBSERVER, CONSISTENT WITH FLYING SAFETY.
(2) NORMALLY, HIRLS ARE OPERATED DURING THE HOURS OF DARKNESS AND
DURING DAYLIGHT HOURS WHEN THE CEILING IS BELOW 1500' AND/OR THE
VISIBILITY IS LESS THAN 5 MILES. IN BOTH THESE CASES, THE LIGHTS WILL
BE OPERATED ONLY WHEN THERE IS KNOWN AIRCRAFT TRAFFIC. HOWEVER, DURING
PERIODS OF LOW VISIBILITY WHEN RVR READINGS ARE REQUIRED TO BE TAKEN,
THE HIRLS WILL BE OPERATED ON APPROPRIATE SETTINGS REGARDLESS OF
AIRCRAFT TRAFFIC.
(3) CONTACT THE RWOS ANY TIME THE CONTROL TOWER FEELS THAT THE
WEATHER IS NOT A TRUE REPRESENTATIVE OF THE PRESENT WEATHER CONDITION
AND REQUEST A SPECIAL WEATHER REPORT.
C. THE USAF WEATHER STATION SHALL:
(1) PROVIDE TWELVE HOUR TERMINAL FORECASTS, SIGNIFICANT PILOT REPORTS
(PIREPS), MET WATCH ADVISORIES AND WEATHER WARNINGS FOR CCK VIA THE
AUTOWRITER WITH THE TELEPHONE AS BACKUP. TELEPHONE DISSEMINATION WILL
BE TO RAPCON AND CONTROL TOWER IN THAT ORDER. WEATHER WARNING WILL BE
DISSEMINATED TO BASE OPERATIONS IN PERSON AFTER AUTOWRITER DISSEMINATION
OR BACKUP TELEPHONE TO RAPCON, CONTROL TOWER AND THE 6217TG COMMAND
POST.
(2) ISSUE MET WATCH ADVISORIES FOR THE FOLLOWING OCCURRENCE:
(A) THUNDERSTORMS WITHIN 10 MILES OF THE WEATHER RADAR TOWER.
(B) SEVERE TURBULENCE WITHIN 30 MILES.
(C) DUE TO THE IMPACT ON OPERATIONS RESULTING FROM BELOW MINIMUM
CONDITIONS THE MET WATCH ADVISORY FOR THIS CRITERIA WILL BE OF THE
FORECAST NATURE WITH A DESIRED LEAD TIME OF THIRTY MINUTES.
(3) ISSUE WEATHER WARNINGS OVER THE TELAUTOGRAPH PRECEDED BY THE
WORDS "MILITARY WEATHER WARNING FOR THE FOLLOWING CONDITIONS:
(A) THUNDERSTORMS WITH OR WITHOUT SURFACE HAIL IN THE TERMINAL AREA
(DEFINED AS A 5 NAUTICAL MIL RADIUS CIRCLE CENTERED ON THE WEATHER RADAR
TOWER). THIS DESIRED LEAD TIME IS 30 MINUTES.
(B) HEAVY RAIN - 2 OR MORE INCHES OF RAIN IN 12 HOURS. OWING TO THE
NATURE OF THIS WARNING, LEA TIMES CAN NOT BE SPECIFIED.
(C) STEADY SURFACE WINDS EXCEEDING 34 KNOTS OR GUSTS EXCEEDING 49
KNOTS. THE DESIRED LEAD TIME IS ONE HOUR.
(D) TORNADOES IN THE TERMINAL AREA. THE DESIRED LEAD TIME IS 30
MINUTES.
(4) NOTIFY BASE OPERATIONS AND THE COMMAND POST WHEN THUNDERSTORMS OR
CONVECTIVE ECHOES WITH TOP TO 25,000 FEET OR MORE ARE OBSERVED WITHIN 3
NAUTICAL MILES OF THE RADAR TOWER AND AGAIN WHEN ACTIVITY MOVES BEYOND 3
NAUTICAL MILES.
(5) MAINTAIN A PROGRAM TO TRAIN AND CERTIFY USAF CONTROL TOWER
PERSONNEL IN MAKING LIMITED WEATHER OBSERVATIONS AS REQUIRED BY AFM
60-5.
(6) THE USAF BASE WEATHER FORECASTER SHALL PROVIDE AN ADEQUATE
BRIEFING ON CURRENT AND FORECAST WEATHER CONDITIONS TO ATC PERSONNEL
UPON REQUEST.
(7) THE USAF BASE WEATHER FORECASTER WILL NOTIFY THE CAF WEATHER
OBSERVER OF RUNWAY CONDITIONS, SUCH AS "WET RUNWAY" AND CHANGES THERETO,
UPON RECEIPT FROM BASE OPERATIONS.
D. 2129 COMM SQ/3RD ATC COMM SQ CONSISTENT WITH EQUIPMENT AND
WORKLOAD CAPABILITIES SHALL:
(1) INSURE CONTROLLERS ACCEPT ALL PIREPS, OBTAIN PIREPS ON REQUEST OF
THE WEATHER STATION, OR WHEN DEEMED NECESSARY AND RELAY THIS INFORMATION
TO THE USAF WEATHER STATION.
(2) INSURE RAPCON CONTROLLERS NOTIFY THE USAF WEATHER STATION WHEN
UNUSUAL PHENOMENA OR WEATHER ECHOES ARE OBSERVED ON RADAR. DURING
PERIODS OF WEATHER RADAR OUTAGES, USAF WEATHER PERSONNEL MAY INITIATE
CALLS TO THE RAPCON, AS REQUIRED, TO OBTAIN INFORMATION ON WEATHER
ECHOES IN THE LOCAL FLYING AREA.
(3) AIR TRAFFIC CONTROL PERSONNEL WILL RELAY WEATHER INFORMATION,
INCLUDING WEATHER WARNINGS AND MET WATCH ADVISORIES, TO AIRCRAFT UNDER
THEIR CONTROL AS DEEMED PERTINENT TO SAFETY OF FLIGHT.
(4) WORKLOAD PERMITTING, CONTROL TOWER PERSONNEL SHALL NOTIFY THE
USAF DUTY FORECASTER WHENEVER WEATHER PHENOMENA ARE OBSERVED WHICH MAY
EFFECT THE LOCAL FLYING AREA AND WERE NOT PREVIOUSLY REPORTED.
OBSERVATIONS OR QUESTIONS REGARDING ACCURACY OF REPORTED WEATHER
CONDITIONS SHALL NOT BE DIRECTED TO THE RWOS OBSERVER.
E. BASE OPERATIONS SHALL:
(1) PROVIDE ADDITIONAL DISSEMINATION OF WEATHER WARNINGS IN
ACCORDANCE WITH CURRENT BASE OPERATIONS DIRECTIVES.
(2) NOTIFY TOWER, RAPCON, DATA AUTOMATION AND BASE SUPPLY WHEN
THUNDERSTORMS OR CONVECTIVE ECHOE OF 25,000 FEET OR MORE ARE WITHIN FIVE
MILES OF THE BASE IN ACCORDANCE WITH CURRENT BASE OPERATIONS DIRECTIVES.
NOTIFICATION WILL AGAIN BE PROVIDED WHEN THE ACTIVITY IS NO LONGER
PRESENT.
(3) NOTIFY THE USAF WEATHER STATION OF ANY CHANGES IN THE FIELD
MINIMUMS DUE TO CHANGES IN THE NAVAID STATUS.
(4) NOTIFY THE USAF WEATHER STATION AND THE CONTROL TOWER OF RUNWAY
CONDITIONS SUCH AS "WET RUNWAY" AND CHANGES THERETO.
4. ALTERNATED WEATHER DISSEMINATION PROCEDURES:
A. IF THE AUTOWRITER SYSTEM BECOMES UNUSABLE, THE FACILITY OBSERVING
THIS CONDITION SHALL NOTIFY THE RWOS. IN ADDITION, THE CONDITION SHALL
BE REPORTED TO THE 2129 COMM SQ NCMO AND A WORK-ORDER NUMBER OBTAINED.
PERTINENT DETAILS SHALL BE ENTERED IN THE DAILY REPORT OF CONTROLLER (AF
FORM 1132) AND WEATHER STATION LOG AS APPROPRIATE.
B. DURING AUTOWRITER OUTAGES, THE CAF OBSERVER SHALL PROMPTLY RELAY
WEATHER TO ATC FACILITIES VI THE WEATHER NET. IF THE WEATHER NET IS
INOPERATIVE, RELAY WILL BE BY OTHER TELEPHONE CONTACT. IN CASE OF
SINGLE LINE DISSEMINATION RAPCON WILL HAVE FIRST PRIORITY.
C. READ BACK OF WEATHER DATA SHALL BE REQUIRED ONLY ON NON-RECORDED
LINES. IT SHALL BE THE RESPONSIBILITY OF THE CONTROL TOWER TO ADVISE
THE WEATHER STATION OF A NON-RECORDED LINE. IT SHALL BE THE
RESPONSIBILITY OF THE FACILITY INVOLVED TO ADVISE THE WEATHER STATION IN
CASE OF SINGLE LINE DISSEMINATION.
5. PILOT TO FORECASTER SERVICE (PFSV) PROCEDURES:
A. THE 2129 COMM SQ SHALL:
(1) MAINTAIN THE PFSV EQUIPMENT IN OPERATING CONDITION.
(2) PROVIDE THE USAF WEATHER STATION RADIO CHECKS UPON REQUEST THRU
THE CONTROL TOWER OR RAPCON.
(3) THE USAF TOWER CHIEF AUGMENTEE WILL PROVIDE USAF BASE WEATHER
PERSONNEL ESSENTIAL TRAINING I ATC PHRASEOLOGIES, MICROPHONE TECHNIQUES
AND ATC SUBJECTS AS REQUIRED.
B. THE USAF WEATHER DET 23, 1ST WEATHER WING WILL REPORT ALL
MALFUNCTIONS AND/OR IRREGULARITIES IN PFSV EQUIPMENT TO THE 2129 COMM SQ
NCMO.
6. OPERATIONAL RESPONSIBILITIES FOR DUAL WIND EQUIPMENT:
A. THE RWOS OBSERVER SHALL MAKE PERIODIC CHECKS OF WIND DIRECTION
AGAINST OBJECTS WHICH ARE EASILY MOVED BY THE WIND E.G., WIND VANE,
FLAGS, ETC... TO GUARD AGAINST THE POSSIBILITY THAT THE WIND SENSORS ARE
PROVIDING ERRONEOUS INFORMATION.
B. IF WIND SPEED/DIRECTION MEASUREMENT OF THE WIND DIRECTION
INDICATOR ARE SUSPECTED OF MALFUNCTION, THE USE OF THE DUAL WIND
SENSORING EQUIPMENT SHALL BE SUSPENDED. THE TOWER CONTROLLER SHALL
PROMPTLY NOTIFY THE CAF WEATHER OBSERVER AND THE SYSTEM SHALL BE LOGGED
OUT. THE RWOS OBSERVER SHALL NOTIFY USAF WEATHER MAINTENANCE PERSONNEL.
7. THIS OPERATIONS LETTER WILL BE REVIEWED BY ALL SIGNATORIES AT 6
MONTH INTERVALS AND MAY BE TERMINATED BY ANY PARTY GIVING WRITTEN
NOTIFICATION TO THE OTHER PARTIES AT LEAST THIRTY DAYS PRIOR TO DATE OF
TERMINATION.
SIGNED
ELLIOTT B. BARNES, MAJOR, USAF
COMMANDER, 2129 COMM SQ
CHING CHUAN KANG AB, TAIWAN (ROC)
SIGNED
WILLIAM J. SANDS, MAJOR, USAF
COMMANDER, DET 23, 1 WWG
CHING CHUAN KANG AB, TAIWAN (ROC)
SIGNED
DWIGHT C. WORDEN, MAJOR, USAF
CHIEF, OPERATIONS & TRAINING
CHING CHUAN KANG AB, TAIWAN (ROC)
SIGNED
TAI, YING-SHA, MAJOR, CAF
COMMANDER, 3RD BASE WEA CENTER
CHING CHUAN KANG AB, TAIWAN (ROC)
SIGNED
CHU, YU-SHU, LT COL, CAF
COMMANDER, 3RD ATC/COMM SQ
CHING CHUAN KANG AB, TAIWAN (ROC)
CHINA, REPUBLIC OF 8 NOV 1974 FLITE DOCUMENT NO. 7502499
AGREEMENT
OPERATIONS LETTER BETWEEN CHING CHUAN KANG CONTROL TOWER, CHING CHUAN
KANG BASE OPERATIONS (CAF) AND CHING CHUAN KANG BASE OPERATIONS (USAF).
OPERATIONS LETTER BETWEEN CHING CHUAN KANG CONTROL TOWER CHING CHUAN
KANG BASE OPERATIONS (CAF) CHING CHUAN KANG BASE OPERATIONS (USAF)
CHING CHUAN KANG CONTROL TOWER LETTER NO. 10
CHING CHUAN KANG BASE OPERATIONS (CAF) LETTER NO. ____
CHING CHUAN KANG BASE OPERATIONS (USAF) LETTER NO. ____
SUBJECT: CHANGING OF THE RUNWAY - IN - USE
EFFECTIVE: 8 NOV 1974
(CANCELS CHING CHUAN KANG CONTROL TOWER LETTER NO. 10, DATED 15 JUN
1970.)
1. PURPOSE: TO PRESCRIBE PROCEDURES FOR SELECTING THE RUNWAY - IN -
USE AND DESIGNATION OF THE INSTRUMENT AND PREFERENTIAL RUNWAY. THE
PROCEDURES CONTAINED HEREIN ARE IN ACCORDANCE WITH AND SUPPLEMENTAL TO
(54) DIN-LUI 379, GHQ, CAF LETTER, AFM 60-5 AND FAAH 7110.8. THIS
OPERATIONS LETTE IS PURSUANT TO THE PROVISIONS OF THE JOINT AGREEMENT ON
OPERATION OF AIR TRAFFIC CONTROL FACILTITIE AT CHING CHUAN KANG AIR
BASE, TAIWAN, PARAGRAPH 5C, DATED 20 JULY 1971.
2. RUNWAY 36 IS THE INSTRUMENT RUNWAY. WHEN THE EFFECTIVE TAIL WIND
COMPONENT IS LESS THAN TEN KNOTS RUNWAY 36 IS ALSO DESIGNATED THE
PREFERENTIAL RUNWAY.
3. PROCEDURES FOR SELECTING AND OR CHANGING THE RUNWAY - IN - USE.
A. THE CAF TOWER WATCH SUPERVISOR/SENIOR CONTROLLER SHALL REQUEST
AUTHORIZATION FROM CAF WING OPERATIONS TO CHANGE THE RUNWAY - IN - USE
WHEN F-104S ARE AIRBORNE AND A WIND SHIFT INDICATES THAT A RUNWAY CHANGE
IS NECESSARY.
B. THE USAF AIR TRAFFIC CONTROL TOWER AUGMENTEE SHALL RECOMMEND TO
THE CAF WATCH SUPERVISOR/SENIOR CONTROLLER THAT THE RUNWAY - IN - USE BE
CHANGED WHEN HE DEEMS SUCH ACTION NECESSARY IN THE INTEREST OF SAFETY.
C. IN THE EVENT THAT THE DUAL WIND SENSORS PROVIDE CONFLICTING WIND
INFORMATION THE CAF WATCH SUPERVISOR/SENIOR CONTROLLER SHALL REQUEST CAF
WING OPERATIONS TO DETERMINE THE RUNWAY - IN - USE.
D. THE CAF TOWER WATCH SUPERVISOR/SENIOR CONTROLLER SHALL CHANGE THE
RUNWAY - IN - USE BY USE OF THE BASIC WIND CRITERIA WHEN THE F-104S ARE
NOT AIRBORNE. UNDER THESE CIRCUMSTANCES THE WEATHER OBSERVER SHALL BE
REQUESTED TO MAKE A LOCAL WEATHER OBSERVATION. THAT OBSERVATION SHALL
BE PROVIDE TO CAF WING OPERATIONS TO ASSIST THAT AGENCY IN SELECTING THE
RUNWAY - IN - USE.
4. NOTIFICATION OF RUNWAY CHANGES:
A. THE CAF WATCH SUPERVISOR/SENIOR CONTROLLER SHALL NOTIFY:
(1) 3RD TFW COMMAND POST
(2) CAF BASE OPERATIONS
(3) CAF BASE WEATHER STATION
B. THE USAF AIR TRAFFIC CONTROL TOWER AUGMENTEE SHALL NOTIFY:
(1) CCK RAPCON
(2) USAF BASE OPERATIONS
(3) USAF WEATHER OBSERVER
SIGNED
CHU, YU-SHU, LT COL, CAF
COMMANDER, 3RD ATC/COMM SQ
CHING CHUAN KANG AB, TAIWAN (ROC)
SIGNED
CHI-LIANG HSU, LT COL, CAF
COMMANDER, BASE OPERATIONS SQ
CHING CHUAN KANG AB, TAIWAN (ROC)
SIGNED
ELLIOTT B. BARNES, JR., MAJOR, USAF
COMMANDER, 2129 COMM SQ
CHING CHUAN KANG AB, TAIWAN (ROC)
SIGNED
STEPHEN H. FOSTER, CAPTAIN, USAF
CHIEF, AIRFIELD MANAGEMENT
CHING CHUAN KANG AB, TAIWAN (ROC)
CHINA, REPUBLIC OF 8 NOV 1974 FLITE DOCUMENT NO. 7502498
AGREEMENT
OPERATIONS LETTER BETWEEN CHING CHUAN KANG APPROACH CONTROL CHING
CHUAN KAING TOWER.
OPERATIONS LETTER BETWEEN CHING CHUAN KANG APPROACH CONTROL CHING
CHUAN KANG TOWER
CHING CHUAN KANG APPROACH CONTROL LETTER NO. 2
CHING CHUAN KANG TOWER LETTER NO. 2
SUBJECT: APPROACH CONTROL/TOWER COORDINATION PROCEDURES
EFFECTIVE: 8 NOV 1974
(CANCELS CCK RAPCON/TOWER OPERATIONS
LETTER NO. 2, 15 AUG 73)
1. THIS LETTER ESTABLISHES AND DEFINES COORDINATION PROCEDURES FOR
SEQUENCING/CLEARING ARRIVING AND/OR DEPARTING AIRCRAFT AND IS PURSUANT
TO THE PROVISIONS OF THE CHINESE AIR FORCE AND THE UNITED STATES AIR
FORCE JOINT AGREEMENT ON OPERATION OF THE AIR TRAFFIC CONTROL FACILITIES
AT CHING CHUAN KANG AIR BASE, TAIWAN, DATED 15 SEPTEMBER 1971.
2. SIMULATED FLAMEOUT (SFO)/PRACTICE PRECAUTIONARY APPROACHES: THE
CONTROL TOWER SHALL COORDINATE WITH APPROACH CONTROL ON ALL SFO/PRACTICE
PRECAUTIONARY APPROACHES, STATING TYPE AIRCRAFT, HIGH KEY ALTITUDE AND
ESTIMATE, AND POINT OF ENTRY, PERTINENT TRAFFIC INFORMATION SHALL B
EXCHANGED BETWEEN FACILITIES AND ALL AIRCRAFT CONCERNED. APPROACH
CONTROL SHALL OBTAIN TRAFFIC ADVISORIES ON ALL WHITE-4 OVERFLIGHTS
BETWEEN 6,000 FEET UP TO AND INCLUDING THE HIGH KEY ALTITUDE FROM TAIPEI
CENTER.
3. SPECIAL VFR: SPECIAL VFR PROCEDURES MUST BE APPROVED BY APPROACH
CONTROL AND WILL BE IN ACCORDANCE WITH FAAH 7110.8.
4. DEPARTURES:
A. TOWER SHALL REQUEST RELEASE FOR IFR/SPECIAL VFR DEPARTURES FROM
APPROACH CONTROL.
B. IF NOT PREVIOUSLY ISSUED, APPROACH CONTROL SHALL ISSUE CLIMB OUT
INSTRUCTIONS WHEN TOWER REQUESTS RELEASE.
5. ARRIVALS:
A. RADAR:
(1) RADAR ARRIVALS SHALL BE COORDINATED VIA THE TOWER/RADAR VISUAL
COORDINATION SYSTEM. ALL DISTANCES STATED SHALL BE FROM TOUCHDOWN FOR
PAR APPROACHES, FROM RUNWAY FOR SURVEILLANCE APPROACHES.
(2) TOWER/RADAR COORDINATION LIGHTS AND PAR-COMM PTT (302A) SHALL BE
OPERATED IN ACCORDANCE WITH THE FOLLOWING:
(A) PAR PTT SHALL BE UTILIZED BETWEEN THE PAR-1 POSITION AND LOCAL
CONTROLLER.
(B) THE COMM PTT CIRCUIT SHALL BE USED BETWEEN THE PAR-2 POSITION AND
THE LOCAL CONTROLLER WHENEVER MULTIPLE APPROACHES ARE IN PROGRESS.
(C) COORDINATION BETWEEN THE LOCAL CONTROLLER AND ARRIVAL CONTROLLER
SHALL NORMALLY BE MADE OVER THE COMM PTT; HOWEVER, WHEN MULTIPLE
APPROACHES ARE IN PROGRESS, THE RAPCON/TOWER LANDLINE CIRCUIT SHALL BE
USED.
(D) COORDINATION BETWEEN TOWER AND APPROACH/DEPARTURE CONTROLLER
SHALL BE MADE USING THE TOWER/RAPCON LANDLINE CIRCUIT.
NOTE: SINCE THE TOWER RECEIVES BOTH PAR-COMM PTT TRANSMISSIONS OVER
A COMMON SPEAKER, IT IS NECESSARY THAT THEY BE ABLE TO RECOGNIZE WHICH
CIRCUIT TO ANSWER WHEN THEY RECEIVE A TRANSMISSION. FOR THIS REASON,
WHENEVER THE COMM PTT CIRCUIT IS USED, TOWER SHALL BE ADVISED (I.E. 6
MILES, FULL STOP, COMM LINE).
(3) TOWER/RADAR COORDINATION LIGHTS SHALL BE USED TO EFFECT
COORDINATION OF CONTROL INSTRUCTIONS AND LIGHTS SHALL BE ACTIVATED AND
COORDINATION ACCOMPLISHED AS FOLLOWS:
LIGHT ACTIVATED BY INDICATES TRANSMISSIONS REQUIRED
FLASHING ARRIVAL RADAR CONTROLLED/ AIRCRAFT
WHITE CONTROLLER STAGE II AIRCRAFT IDENTIFICATION, TYPE
STEADY LOCAL TRAFFIC NONE
WHITE CONTROLLER ACKNOWLEDGED
FLASHING ARRIVAL RADAR NONE
AMBER CONTROLLER CONTROLLED/STAGE
STEADY LOCAL TRAFFIC NONE
AMBER CONTROLLER ACKNOWLEDGED TO
CANCEL ARRIVAL CONTROL OF STAGE AIRCRAFT
AMBER CONTROLLER II AIRCRAFT IDENTIFICATION,
(STAGE II ONLY) TRANSFERRED POSITION, TOWER'S
FLASHING FINAL AIRCRAFT IS 6 MI FINAL CONTROLLER SHALL
GREEN CONTROLLER FROM TD/RWY, REQ STATE RANGE OF TRAFFIC
STEADY LOCAL TOWER APPROVES "CLEARED (TO LAND)
GREEN CONTROLLER LANDING/LOW (FOR LOW APPROACH)
FLASHING LOCAL FIRST AIRCRAFT LOCAL CONTROLLER
RED CONTROLLER ON FINAL TO ISSUES REASON FOR
STEADY FINAL ACTION HAS BEEN NONE
RED CONTROLLER TAKEN TO DISCONTINUE
(4) IF TOWER CLEARANCE IS NOT RECEIVED AT SIX MILES, RAPCON WILL
CONTINUE THE APPROACH AND ADVIS THE TOWER WHEN THE AIRCRAFT REACHES 5
MILES FROM TOUCHDOWN. IN NO CASE SHALL AN APPROACH BE CONTINUED CLOSER
THAN FOUR MILES FROM TOUCHDOWN/RUNWAY WITHOUT TOWER CLEARANCE. IF TOWER
CLEARANCE IS NOT RECEIVED, APPROPRIATE MISSED APPROACH INSTRUCTIONS
SHALL BE ISSUED.
(5) ACTIVATION OF THE FLASHING RED LIGHT BY THE LOCAL CONTROLLER
SHALL AFFECT ONLY THE FIRST AIRCRAFT ON FINAL APPROACH UNDER RADAR
CONTROL. IN THE EVENT IT BECOMES NECESSARY DURING MULTIPLE APPROACHES
TO ISSUE BREAK-OUT/GO-AROUND TO ANY OTHER AIRCRAFT ON FINAL APPROACH,
THE LOCAL CONTROLLER SHALL ISSUE SPECIFIC VERBAL INSTRUCTIONS TO THE
FINAL CONTROLLER USING THE APPLICABLE PT CIRCUIT.
(6) THE ARRIVAL/FINAL CONTROLLER SHALL ACTIVATE THE APPROPRIATE LIGHT
FOR SUCCEEDING AIRCRAFT UNDER RADAR CONTROL AT THE APPROPRIATE DISTANCE
WHEN CONDUCTING MULTIPLE APPROACHES. IN THE EVENT THAT TWO AIRCRAFT ARE
ON THE SAME LIGHT, THE APPROPRIATE LIGHT SHALL BE REACTIVATED FOR THE
SECOND AIRCRAFT AND APPROPRIATE INFORMATION RELAYED TO THE LOCAL
CONTROLLER.
B. NON-RADAR INSTRUMENT APPROACHES:
(1) APPROACH CONTROL SHALL INFORM TOWER OF AIRCRAFT CONDUCTING
INSTRUMENT APPROACHES OR BEING VECTORED TO A NON-RADAR FINAL APPROACH
COURSE. RADAR SERVICE SHALL BE AFFORDED THESE AIRCRAFT AND THEY SHALL
REMAIN WITH APPROACH CONTROL FOR THE ENTIRE APPROACH. IF THE AIRCRAFT
REMAINS WITH APPROACH CONTROL, COORDINATION PROCEDURES SHALL BE THE SAME
AS FOR A RADAR APPROACH. IF, HOWEVER, CONVENTIONAL PROCEDURES ARE USEED
BECAUSE OF A RADAR OUTAGE, TRANSFER OF CONTROL TO THE TOWER SHALL BE
MADE AT THE FINAL APPROACH FIX.
C. GO-AROUND PROCEDURES:
(1) RUNWAY 36
TOWER TO RAPCON RAPCON TO AIRCRAFT
GO AROUND "TOWER CLEARANCE CANCELLED, CLIMB
GO AROUND LEFT "TOWER CLEARANCE CANCELLED, CLIMB
GO AROUND RIGHT "TOWER CLEARANCE CANCELLED, CLIMB
(2) RUNWAY 18
TOWER TO RAPCON RAPCON TO AIRCRAFT
GO AROUND "TOWER CLEARANCE CANCELLED, CLIMB
GO AROUND RIGHT "TOWER CLEARANCE CANCELLED, CLIMB
GO AROUND LEFT "TOWER CLEARANCE CANCELLED, CLIMB
6. STAGE II RADAR SERVICE:
A. THE FOLLOWING LOCAL PROCEDURES AND GUIDELINES SHALL BE USED FOR
PROVIDING STAGE II RADAR SERVICE AND ARE SUPPLEMENTAL TO THOSE CONTAINED
IN FAAH 7110.8 AND DOD FLIP (ENROUTE) SUPPLEMENT, PACIFIC AND SOUTH
ASIA.
(1) GENERAL. STAGE II RADAR SERVICE AT CCK IS PROVIDED FOR AIRCRAFT
ARRIVING/DEPARTING AND TRAVERSING THE CCK TERMINAL AREA, WITHIN 20 NM OF
THE CCK TACAN. DEPARTING AIRCRAFT REQUESTING STAGE II SERVICE SHALL,
UPON RADAR IDENTIFICATION, RECEIVE FLIGHT FOLLOWING, TRAFFIC INFORMATION
AN VECTORS, AS NECESSARY, WHILE IN THE CCK STAGE II SERVICE AREA.
ARRIVING VFR AIRCRAFT, FOLLOWING RADAR IDENTIFICATION, SHALL BE ISSUED
RUNWAY INFORMATION, WIND DIRECTION/SPEED, ALTIMETER, TRAFFIC INFORMATION
AND SHALL BE VECTORED/FLIGHT FOLLOWED FOR TRAFFIC FLOW SEQUENCING.
B. COORDINATION PROCEDURES. COORDINATION BETWEEN THE CONTROL TOWER
(LOCAL CONTROLLER) AND APPROACH CONTROL (ARRIVAL CONTROLLER) ON ALL
STAGE II OPERATIONS SHALL NORMALLY BE MADE OVER THE COMM PTT SYSTEM
EXCEPT:
(1) WHENEVER MULTIPLE APPROACHES ARE IN PROGRESS, THE APPROACH
CONTROL/TOWER LANDLINE CIRCUIT SHALL BE USED.
(2) WHENEVER STAGE II DEPARTURE SERVICE IS REQUESTED, THE APPROACH
CONTROL/TOWER LANDLINE CIRCUI SHALL BE USED.
C. DEPARTURE PROCEDURES. THE CONTROL TOWER, UPON RECEIPT OF
INFORMATION REGARDING A VFR DEPARTURE REQUESTING STAGE II SERVICE SHALL:
(1) PROVIDE APPROACH CONTROL WITH FLIGHT PLAN DATA TO INCLUDE
AIRCRAFT CALL SIGN, TYPE AND DIRECTION OF FLIGHT.
(2) INSTRUCT ALL DEPARTING AIRCRAFT REQUESTING STAGE II SERVICE TO
CONTACT APPROACH CONTROL ON PUBLISHED FREQUENCY UPON TURN OUT OF TRAFFIC
AFTER DEPARTURE.
D. ARRIVAL PROCEDURES. THE FOLLOWING PROCEDURES SHALL BE USED FOR
SEQUENCING AIRCRAFT BEING PROVIDED STAGE II ARRIVAL SERVICE.
(1) GENERAL. THE TOWER LOCAL CONTROLLER SHALL ESTABLISH THE LANDING
SEQUENCING OF STAGE II ARRIVALS. THE AIRSPACE WITHIN 5 NM OF CCK AB
DURING VFR IS UNDER THE JURISDICTION OF THE CONTROL TOWER. THE AIRSPACE
BEYOND 5 NM OF CCK AB TO 20 NM WILL NORMALLY BE USED BY THE APPROACH
CONTROL FACILITY FOR FLIGHT FOLLOWING/VECTORING AIRCRAFT TO THE VFR
ENTRY POINTS FOR TRAFFIC FLOW AND SUBSEQUENT LANDING AT CCK AB.
AIRCRAFT CONTACTING CCK CONTROL TOWER ON INITIAL CALL-UP, RATHER THA CCK
STAGE II RADAR SERVICE, WILL NORMALLY BE DIRECTED TO THE APPROPRIATE
RADAR SERVICE RADIO FREQUENCY UNLESS THE LOCAL CONTROLLER HAS THE
AIRCRAFT IN SIGHT AND CAN POSITION IT IN THE LANDING SEQUENCE AFTER
COORDINATION WITH APPROACH CONTROL. CLOSE COORDINATION BETWEEN THE
CONTROL TOWER (LOCAL CONTROLLER AND APPROACH CONTROL (ARRIVAL
CONTROLLER) MUST PREVAIL AND IS THE KEY TO A SUCCESSFUL STAGE II
SERVICE.
(2) CONTROL TOWER (LOCAL CONTROLLER) SHALL:
(A) PROVIDE APPROACH CONTROL WITH FLIGHT DATA ON ARRIVING AIRCRAFT
NOT UTILIZING STAGE II SERVIC TO INCLUDE TYPE AIRCRAFT AND DIRECTION OF
FLIGHT.
(B) ADVISE APPROACH CONTROL IF IT IS NECESSARY TO HOLD AIRCRAFT
BECAUSE OF VFR TRAFFIC PATTERN SATURATION AND GIVE AN ESTIMATED TIME FOR
THE AIRCRAFT TO PROCEED INBOUND.
(3) APPROACH CONTROL (ARRIVAL CONTROLLER) SHALL:
(A) FORWARD PERTINENT INFORMATION TO THE LOCAL CONTROLLER ON ALL
AIRCRAFT BEING FLIGHT FOLLOWED/VECTORED TO SPECIFIED POINTS FOR
SEQUENCING (IN ACCORDANCE WITH PARAGRAPH 5A(3) WHEN THE AIRCRAFT REACHES
A POSITION 15 NM (FLYING MILES) FROM THE AIRPORT. MINIMUM INFORMATION
SHALL CONSIST OF AIRCRAFT CALL SIGN, TYPE, AND POSITION.
(B) NORMALLY TRANSFER COMMUNICATIONS AND CONTROL OF STAGE II AIRCRAFT
5-8 NM ON THE EXTENDED RUNWAY CENTERLINE FOR INITIAL/STRAIGHT-IN TRAFFIC
AND AT THE PERIMETER OF A 5 NM RADIUS OF THE AIRPORT FOR AIRCRAFT
UTILIZING THE CONVENTIONAL PATTERN. DEVIATIONS FROM NORMAL TRANSFER OF
COMMUNICATIONS AND CONTROL POINTS WILL BE INDIVIDUALLY COORDINATED
BETWEEN THE TOWER (LOCAL CONTROLLER) AND APPROACH CONTROL (ARRIVAL
CONTROLLER). IN NO CASE WILL TRANSFER OF COMMUNICATIONS AND CONTROL
TAKE PLACE LESS THAN 5 NM FROM THE AIRPORT.
(4) VISUAL HOLDING. IF HOLDING OF VFR AIRCRAFT IS REQUIRED, APPROACH
CONTROL/TOWER SHALL INSTRUCT THE AIRCRAFT TO HOLD AT AN APPROPRIATE
VISUAL HOLDING FIX. VISUAL HOLDING FIXES ESTABLISHED FOR CCK ARE:
(A) T'UNG-HSIAO - 012/14 OFF CCK TACAN. CONSISTS OF THE TOWN OF
T'UNG-HSIAO WHICH IS JUST NORTH OF THREE RIVERS AND A HIGHWAY/RAILROAD
BRIDGE.
(B) TWIN BRIDGES 195/10 OFF CCK TACAN. CONSISTS OF ONE HIGHWAY
BRIDGE AND ONE HIGHWAY/RAILROAD BRIDGE ACROSS A RIVER.
7. EMERGENCY PROCEDURES:
A. TOWER/APPROACH CONTROL SHALL EXCHANGE INFORMATION ON ALL AIRCRAFT
UNDER THEIR RESPECTIVE CONTROL EXPERIENCING AN EMERGENCY OR CONDUCTING A
PRECAUTIONARY APPROACH.
B. TOWER SHALL NOTIFY APPROACH CONTROL WHEN THE RUNWAY IS CLOSED DUE
TO EMERGENCY LANDINGS OR ACCIDENTS, WHEN EMERGENCY CONDITIONS ARE
TERMINATED, ESTIMATED AND ACTUAL TIME THE RUNWAY IS CLOSED/OPENED.
SIGNED
CHU, YU-SHU, LT COL, CAF
COMMANDER, 3RD ATC/COMM SQ
CHING CHUAN KANG AB, TAIWAN (ROC)
SIGNED
ELLIOTT B. BARNES, JR., MAJOR, USAF
COMMANDER, 2129 COMM SQ
CHING CHUAN KANG AB, TAIWAN (ROC)
SIGNED
HSU, CHI-LIANG, LT COL, CAF
BASE OPERATIONS OFFICER
CHING CHUAN KANG AB, TAIWAN (ROC)
SIGNED
DWIGHT C. WORDEN, MAJOR, USAF
CHIEF, OPERATIONS AND TRAINING
CHING CHUAN KANG AB, TAIWAN (ROC)
(DISTRIBUTION TABLE OMITTED)
CHINA, REPUBLIC OF 28 OCT 1974 FLITE DOCUMENT NO. 7502497
AGREEMENT
UTILIZATION OF ROCKET MOTOR TEST AT CHING CHUAN KANG AIR BASE.
THE CHINESE AIR FORCE AND THE UNITED STATES AIR FORCE FACILITY USE
AGREEMENT ON USAF UTILIZATION OF CAF ROCKET MOTOR TEST CALL AT CHING
CHUAN KANG AIR BASE, TAIWAN.
CONSIDERING THE REQUIREMENT TO PROVIDE A FACILITY TO TEST ROCKET
MOTORS IN SUPPORT OF THE USAF MISSION ON CHING CHUAN KANG AIR BASE,
TAIWAN.
DESIRING TO JOINTLY UTILIZE THE CAF ROCKET MOTOR TEST CALL IDENTIFIED
AS CAF FACILITY 0101-354 A CHING CHUAN KANG AIR BASE.
THEREBY ESTABLISHING A ROCKET MOTOR TEST FACILITY IN SUPPORT OF THE
USAF MISSION AT CHING CHUAN KANG AIR BASE.
THEREFORE THE CHINESE AIR FORCE AND THE UNITED STATES AIR FORCE,
PURSUANT TO THE STATUS OF FORCE AGREEMENT BETWEEN THE GOVERNMENT OF THE
REPUBLIC OF CHINA AND THE UNITED STATES OF AMERICA, WHICH CONTROLS AND
LIMITS THE INTERPRETATION OF THE PROVISIONS CONTAINED HEREIN, AS WELL AS
THE INTERPRETATION OF ANY SUBSIDIARY AGREEMENTS MADE HEREUNDER, AND WITH
SPECIFIC AUTHORITY DERIVED FRO PARAGRAPH 5, ARTICLE III OF THE STATUS OF
FORCES AGREEMENT, AGREE TO THE FOLLOWING:
ARTICLE 1 FOR THE PURPOSE OF THIS AGREEMENT THE FOLLOWING
ABBREVIATIONS WILL BE USED:
CAF - CHINESE AIR FORCE
USAF - UNITED STATES AIR FORCE
SOFA - STATUS OF FORCES AGREEMENT BETWEEN THE GOVERNMENT OF THE
REPUBLIC OF CHINA AND THE GOVERNMENT OF THE UNITED STATES OF AMERICA.
CCK - CHING CHUAN KANG AIR BASE, TAIWAN
ARTICLE 2 CAF ROCKET MOTOR TEST CALL
A. THE USAF AGREES TO UTILIZE AND MAINTAIN THE CAF ROCKET MOTOR TEST
CALL AS FOLLOWS:
1. THE USAF WILL COORDINATE SPECIFIC TIMES AND DATES FOR UTILIZATION
WITH THE APPROPRIATE CAF AGENCY RESPONSIBLE FOR THE OPERATION OF THIS
FACILITY.
2. THE USAF WILL SHARE IN THE COST OF MAINTAINING THIS FACILITY.
MAINTENANCE SUPPORT PROVIDED WILL BE ON THE BASIS OF PREPORTIONATE
USAGE. THE USAF MAY ELECT TO PROVIDE FUNDS, LABOR, MATERIALS OR ANY
COMBINATION OF THE THREE IN SATISFYING THIS REQUIREMENT.
3. THE USAF WILL NOT ALTER OR MODIFY THIS FACILITY WITHOUT PRIOR
APPROVAL OF THE CAF. ALL COSTS FOR MODIFICATIONS SHALL BE BOURNE BY THE
USAF WHEN SUCH MODIFICATIONS ARE AN EXCLUSIVE REQUIREMENT OF THE USAF.
COSTS FOR MODIFICATIONS DESIRED BY SUCH PORTIONS TO THIS AGREEMENT SHALL
BE SHARED ON THE BASIS OF PREPERTINATE USAGE.
B. THE USAF WILL REQUIRE JOINT UTILIZATION OF THIS FACILITY FOR A
PERIOD OF ONE YEAR COMMENCING ON THE DATE OF SIGNATURE.
C. THE CAF SHALL RETAIN OWNERSHIP AND CUSTODY OF THIS FACILITY.
D. THE CAF AGREES TO JOINT UTILIZATION OF THIS FACILITY, SUBJECT TO
THE TERMS OF THIS AGREEMENT AND SOFA.
ARTICLE 3 TERMINATION OF THIS AGREEMENT WILL CONFORM TO THE
REQUIREMENTS OF PARAGRAPH 3, ARTICLE IV OF SOFA CONCERNING DISPOSITION
OF USAF OWNED IMPROVEMENTS, IF ANY. THE UNITED STATES GOVERNMENT IS NOT
OBLIGATED, WHEN IT TERMINATES JOINT USE OF THIS FACILITY, TO RESTORE IT
TO THE CONDITION IN WHICH IT WAS AT THE TIME IT WAS MADE AVAILABLE TO
THE USAF OR TO COMPENSATE THE REPUBLIC OF CHINA I LIEU OF SUCH
RESTORATION.
ARTICLE 4 REVISION TO THIS AGREEMENT WILL REQUIRE CONCURRENCES OF
BOTH PARTIES.
ARTICLE 5 THIS AGREEMENT BECOMES EFFECTIVE ON THE DATE OF SIGNATURE.
(SIGNED)
FAN SEE YU, COLONEL, CAF
ACTING COMMANDER, 3RD AIR BASE GROUP
(SIGNED)
CARL E. DOBSON, COLONEL, USAF
COMMANDER, 6217TH CMBT SPT SQ.
EFFECTIVE DATE 28 OCT 1974
CHINA, REPUBLIC OF 3 OCT 1974 FLITE DOCUMENT NO. 7502496
AGREEMENT
CANCELLATION OF THE TACTICAL SCRAMBLE AND RECOVERY LETTER OF
AGREEMENT FOR TAINAN AB, ROC, DATED 30 MARCH 1974.
DEPARTMENT OF THE AIR FORCE
HEADQUARTERS 327TH AIR DIVISION (PACAF)
APO SAN FRANCISCO 96280
REPLY TO
ATTN OF: DCF
SUBJECT: LETTER OF AGREEMENT CANCELLATION
TO: 327 AD/DO
1. REQUEST YOUR CONCURRENCE IN THE CANCELLATION OF THE TACTICAL
SCRAMBLE AND RECOVERY LETTER OF AGREEMENT FOR TAINAN AB, ROC, DATED 30
MARCH 1974. DEACTIVATION OF DETACHMENT 1, 405 FW HAS NEGATE THE CONTENT
OF THIS AGREEMENT FOR USAF PURPOSES.
2. ATTACHMENT 1 REFLECTS CONCURRENCE OF ALL INTERESTED AGENCIES AT
TAINAN AB FOR CANCELLATION OF THIS AGREEMENT. WITH YOUR CONCURRENCE,
THIS OFFICE WILL COORDINATE WITH CAF OFFICIALS TO EFFECT CANCELLATION IN
ITS ENTIRETY.
FOR THE COMMANDER
SIGNED
JAMES H. FLEMING, JR., MAJOR, USAF
CHIEF, ATC OPERATIONS DIVISION
1 ATCH
CONCURRENCE LETTERS
1ST IND
327AD/DO
TO: 327AD/DCF
I CONCUR.
SIGNED
CURTIS D. WESTPHAL, LT COL, USAF
DIRECTOR OF OPERATIONS
HEADQUARTERS
CHINESE AIR FORCE
TAIPEI, TAIWAN
TRANSLATION
REFERENCE NO: (63) SH-3225/590 DATE: 29 OCT. 1974
TO: 327TH AIR DIVISION, USAF
TAIPEI, TAIWAN, REPUBLIC OF CHINA
PURPORT:
LETTER OF AGREEMENT CANCELLATION.
EXPLANATION:
1. REFERENCE YOUR LETTER DATED 17 OCT. 1974, SUBJECT AS ABOVE.
2. WE CONCUR WITH YOU IN CANCELLING THE TACTICAL SCRAMBLE AND
RECOVERY LETTER OF AGREEMENT FOR TAINAN AB, ROC DATED 30 MARCH 1974.
3. THIS IS FOR YOUR INFORMATION.
KANG PAO-PU
MAJOR GENERAL, CAF
DCC/OPERATIONS
CC TO:
CHINESE UNITS CONCERNED
(OMITTED IN TRANSLATION)
MGOT (FOR REFERENCE)
JAMES H. FLEMING, JR., MAJOR, USAF
CHIEF, ATC OPERATIONS DIVISION
DEPARTMENT OF THE AIR FORCE
HEADQUARTERS 327TH AIR DIVISION (PACAF)
APO SAN FRANCISCO 96280
DCF
CANCELLATION OF LETTER OF AGREEMENT
KANG PAO-PU
MAJOR GENERAL
DCS/OPERATIONS
HQ CHINESE AIR FORCE
TAIPEI, TAIWAN, ROC
TACTICAL SCRAMBLE AND RECOVERY LETTER OF AGREEMENT FOR TAINAN AB, ROC
DATED 30 MARCH 1974 IS CANCELLED EFFECTIVE 14 NOVEMBER 1974.
SIGNED
FULTON C. PETWAY, COLONEL, USAF
DIRECTOR, COMM-ELECT
CHINA, REPUBLIC OF 1 OCT 1974 FLITE DOCUMENT NO. 7502495
LETTER OF AGREEMENT
RESPONSIBILITIES OF USAF AIR TRAFIC CONTROL COORDINATOR AT TAINAN AIR
BASE, TAIWAN, REPUBLIC OF CHINA
JOINT LETTER OF AGREEMENT BETWEEN THE UNITED STATES AIR FORCE AND THE
CHINESE AIR FORCE
SUBJECT: RESPONSIBILITIES OF USAF AIR TRAFFIC CONTROL COORDINATOR AT
TAINAN AIR BASE, TAIWAN, REPUBLIC OF CHINA
EFFECTIVE: 1 OCTOBER 1974
PURPOSE: THIS AGREEMENT OUTLINES GENERAL POLICIES, AUTHORITIES AND
RESPONSIBILITIES OF THE AIR TRAFFIC CONTROL COORDINATOR ASSIGNED TO
TAINAN AIR BASE ATC FACILITIES IN SUPPORT OF DETACHMENT 9, AIR FORCE
CONTRACT MAINTENANCE CENTER OPERATION. THIS AGREEMENT IS CONSUMATED
PURSUANT TO THE PROVISIONS OF PARAGRAPH 5, ARTICLE III, STATUS OF FORCES
AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF CHINA AND THE
GOVERNMENT OF THE UNITED STATES OF AMERICA.
SCOPE: THIS AGREEMENT IS APPLICABLE TO ALL SIGNING AGENCIES AND
THEIR SUBORDINATE UNITS, AND MAY BE CHANGED OR TERMINATED UPON
CONCURRENCE BETWEEN THE SIGNING AGENCIES.
PART 1: ASSIGNMENT OF USAF AIR TRAFFIC CONTROL COORDINATOR:
1-1. ASSIGNMENT CRITERIA: THE USAF SHALL ASSIGN ONE AIR TRAFFIC
CONTROLLER TO THE AFCS UNIT AT TAINAN AIR BASE, TAIWAN.
1-2. COORDINATOR DUTIES: THE ASSIGNED AIR TRAFFIC CONTROL
COORDINATOR SHALL PROVIDE LIAISON BETWEEN DETACHMENT 9, AIR FORCE
CONTRACT MAINTENANCE CENTER AND TAINAN CAF AIR TRAFFIC CONTROL
PERSONNEL. HE SHALL NOT ENGAGE IN THE ACTIVE CONTROL OF AIR TRAFFIC,
BUT SHALL BE AVAILABLE AS REQUIRED BY DETACHMENT 9, AIR FORCE CONTRACT
MAINTENANCE CENTER SOLELY TO RESOLVE LANGUAGE DIFFICULTIES AND/OR ADVISE
ON AIR TRAFFIC CONTROL PROCEDURES/POLICIES AS NECESSARY. HE SHALL ADVIS
THE CAF AND USAF COMMUNICATIONS ORGANIZATION COMMANDERS ON AIR TRAFFIC
CONTROL MATTERS WHEN REQUESTED. WHEN REQUESTED, HE SHALL ASSIST THE CAF
AIR TRAFFIC CONTROL STAFF IN EVALUATING AIR TRAFFIC CONTROL PROCEDURES
AND EQUIPMENT CAPABILITIES.
1-3. FACILITY RATING: THE USAF AIR TRAFFIC CONTROL COORDINATOR
SHALL NOT BE FACILITY RATED IN THE TAINAN AIR TRAFFIC CONTROL
FACILITIES, BUT IS REQUIRED TO BE FAMILIAR WITH THE PROCEDURES AND
OPERATION OF THE CONTROL TOWER AND GCA FUNCTIONS.
1-4. AUTHORITY:
A. THE USAF AIR TRAFFIC CONTROL COORDINATOR SHALL NOT INFRINGE UPON
THE AUTHORITY OF THE CAF AIR TRAFFIC CONTROL STAFF. HIS DUTIES ARE
STRICTLY LIMITED TO COORDINATION OF DETACHMENT 9, AIR FORCE CONTRACT
MAINTENANCE REQUIREMENTS AND TO THE PROVISION OF ADVICE WHEN REQUESTED.
B. THE USAF AIR TRAFFIC CONTROL COORDINATOR SHALL HAVE UNLIMITED
ACCESS TO AIR TRAFFIC CONTROL TAPE RECORDINGS FOR THE PURPOSE OF
INVESTIGATING AIRCRAFT ACCIDENTS/INCIDENTS INVOLVING UNITED STATES
DEPARTMENT OF DEFENSE AIRCRAFT. THE AIR TRAFFIC CONTROL COORDINATOR
SHALL TREAT THE RECORDINGS AS SENSITIVE MATERIAL FOR OFFICIAL USE ONLY.
C. WHEN REQUESTED, THE CAF SHALL PROVIDE THE AIR TRAFFIC CONTROL
COORDINATOR WITH PERTINENT AIRFIELD CONDITIONS AT THE PING TUNG NORTH
AND TAINAN AIR BASES AS WELL AS SIGNIFICANT CHANGES TO THE CONDITIONS.
PART 2: 2-1. TERMINATION PROCEDURES: THE PROVISIONS OF THIS
AGREEMENT SHALL BE REVIEWED ANNUALLY ON THE ANNIVERSARY DATE OF THIS
AGREEMENT AND BE TERMINATED UPON CONCURRENCE OF THE SIGNIN AGENCIES THAT
A REQUIREMENT NO LONGER EXISTS.
SIGNED
JAMES F. KUNKEL, LT COL, USAF
COMMANDER, DETACHMENT 9,
USAF CONTRACT MAINTENANCE CENTER
SIGNED
JAMES L. TREE, 1ST LT, USAF
COMMANDER, 2128TH COMM SQUADRON
SIGNED
J.T. DAY, LT COL, CAF
COMMANDER, 1ST ATC/COMM SQUADRON
CHINA, REPUBLIC OF 20 SEP 1974 FLITE DOCUMENT NO. 7502494
AGREEMENT
AGREEMENT FOR THE DEFENSE OF SHU LIN KOU AIR STATION.
AGREEMENT FOR THE DEFENSE OF SHU LIN KOU AIR STATION
THIS AGREEMENT IS MADE PURSUANT TO THE STATUS OF FORCES AGREEMENT
BETWEEN THE GOVERNMENTS OF THE UNITED STATES OF AMERICA AND THE REPUBLIC
OF CHINA WHICH AGREEMENT CONTROLS AND LIMITS THE INTERPRETATION OF THE
PROVISIONS CONTAINED HEREIN.
1. AGREEING UNITS: 206TH BRIGADE, 69TH ARMY DIVISION, ROC ARMY
LOCATED AT NAN SHIH PU, LINKOU HSIANG, TAIPEI HSIEN, TAIWAN AND 6987TH
SECURITY GROUP, USAF LOCATED AT NAN SHIH PU, LINKOU HSIANG, TAIPEI
HSIEN, TAIWAN.
2. AGREEMENT REPRESENTATIVES: LT COL CHAO, KOU HSIANG, OPERATIONS
OFFICER 206TH BRIGADE, 69TH ARMY DIVISION AND 1ST LT VEQUIST, DAVE G.
III, BASE SECURITY OFFICER, SHU LIN KOU AIR STATION.
3. AGREEMENT OFFICIALS: COL YING, TSUNG WEN, BRIGADIER COMMANDER,
206TH BRIGADE, 69TH ARMY DIVISION AND COL WEAVER, DONALD E., COMMANDER,
6987TH SECURITY GROUP.
4. PROVISIONS:
A. MILITARY DESIGNATION OF UNITS: 206TH BRIGADE, 69TH ARMY DIVISION,
ROC ARMY AND 6987TH SECURITY GROUP, SHU LIN KOU AIR STATION.
B. INTERCHANGE OF AIR RAID ALERT INFORMATION: RESPECTIVE UNITS OF
BOTH ORGANIZATIONS ARE REQUIRED TO INTERCHANGE INFORMATION OF AN AIR
RAID ALERT.
C. ACTIONS REQUIRED UNDER AIR RAID ALERT AND ANTI-AIR DROP COMBAT
ATTACK:
(1) UPON REQUEST OF COMMANDER, 6987TH SECURITY GROUP, THE 206TH
BRIGADE, 69TH ARMY DIVISION ASSUMES A) THE RESPONSIBILITY OF SECURING
SHU LIN KOU AIR STATION AND CONDUCTING A CLEAN SWEEP OF THE ENEMY
AIRBORNE DROP UNIT, AND B) THE RESPONSIBILITY OF SECURING SHU LIN KOU
AIR STATION AGAINST A CIVIL DISTURBANCE BY CHINESE NATIONALS OUTSIDE THE
PERIMETER OF THE STATION.
(2) SHU LIN KOU AIR STATION WILL NOTIFY THE 206TH BRIGADE, 69TH ARMY
DIVISION IN THE EVENT USAF PERSONNEL ARE WITHDRAWN FROM THE BASE.
(3) SHU LIN KOU AIR STATION, WITHIN THE CAPABILITIES OF ITS FORCES,
WILL PROVIDE SECURITY PERSONNEL NECESSARY TO PREVENT ACTS OF SABOTAGE
AND ESPIONAGE OF THE STATION AND ACCOMPLISH NECESSARY COMBAT ACTIONS
REQUIRED FOR SELF DEFENSE.
D. COMMUNICATIONS: BOTH UNITS WILL UTILIZE ALL COMMUNICATIONS
DEVICES (MILITARY TELEPHONE AND EXISTING COMMUNICATIONS LINES) TO
COORDINATE REQUIRED ACTIONS.
(1) ADDRESS AND TELEPHONE NUMBER OF THE ROC ARMY UNIT RESPONSIBLE:
A) ADDRESS: LINKOU P.O. BOX 7702, TAIPEI HSIEN
B) TELEPHONE: TAO YUAN EXT CHIANG TU EXT WU CHIANG EXT HSUAN PING
EXT 043
(2) ADDRESS AND TELEPHONE NUMBER OF THE UNITED STATES AIR FORCE, SHU
LIN KOU AIR STATION:
A) ADDRESS: 6987TH SECURITY GROUP (SECURITY POLICE) SHU LIN KOU AIR
STATION
B) TELEPHONE: 866036 (TAIPEI COMMERCIAL LINE) EXT 3105 OR 2121
(SECURITY POLICE)
5. REMARKS: AMENDMENTS TO THIS AGREEMENT MAY BE MADE WITH THE
CONCURRENCE OF BOTH PARTIES CONCERNED. WHEN THE SUPPORTING UNIT IS ON A
PCS MOVE, THIS AGREEMENT WILL BE INCLUDED IN THE TRANSFER DOCUMENTS TO
THE NEW UNIT AND CONTINUE TO BE IN EFFECT. IN THE EVENT THERE IS NO
REPLACEMENT UNIT, THIS MATTER WILL BE BROUGHT TO THE ATTENTION OF TAIPEI
GARRISON DISTRICT COMMAND.
THIS AGREEMENT SHALL BECOME EFFECTIVE UPON THE CONCURRENCE OF BOTH
PARTIES AND SHALL REMAIN IN EFFECT UNTIL 31 DECEMBER 1975, AT WHICH TIME
IT MAY BE EXTENDED, BY WRITTEN CONCURRENCE OF BOTH PARTIES.
SIGNED THIS TWENTIETH DAY OF SEPTEMBER, 1974.
SIGNED
YING, TSUNG WEN
COL, INFANTRY
ROC, ARMY
SIGNED
DONALD E. WEAVER, COLONEL, USAF
COMMANDER
6987TH SECURITY GROUP (USAFSS)
CHINA, REPUBLIC OF 16 SEP 1974 FLITE DOCUMENT NO. 7502493
MEMORANDUM OF UNDERSTANDING
FORMAL PROCEDURES AND GUIDELINES THAT WILL APPLY IN THE EXERCISE OF
CRIMINAL JURISDICTION OVER SUSPECTED OFFENDERS OF MARIJUANA AND
NARCOTICS LAWS.
THIS IS CONSIDERED AN OFFICIAL DOCUMENT PERTAINING TO BOTH THE
GOVERNMENT OF THE UNITED STATES AN THE REPUBLIC OF CHINA AND WILL NOT BE
RELEASED WITHOUT MUTUAL AGREEMENT.
JOINT COMMITTEE FOR STATUS OF FORCES AGREEMENT REPUBLIC OF CHINA -
UNITED STATES
MEMORANDUM OF UNDERSTANDING
REF: MU.16.IX.74
16 SEPTEMBER 1974
IT IS THE UNDERSTANDING OF THE REPRESENTATIVES OF THE REPUBLIC OF
CHINA AND OF THE UNITED STATES THAT IN RESPECT TO THE INTERPRETATION OF
THE PHRASE "DIRECTED AGAINST" IN THE CONTEXT OF PARAGRAPH 3(A)(II),
AGREED MINUTE REGARDING PARAGRAPH 3(C), ARTICLE XIV OF THE STATUS OF
FORCES AGREEMENT AND IN THE U.S. EMBASSY NOTE NO. 16 OF 31 AUGUST 1965,
AND IN THE EXERCISE OF JURISDICTION DERIVING THEREFROM, THAT THE
FOLLOWING FORMAL PROCEDURES AND GUIDELINES WILL BE APPLIED IN THE
EXERCISE OF CRIMINAL JURISDICTION OVER SUSPECTED OFFENDERS OF MARIJUANA
AND NARCOTICS LAWS:
1. THE CHINESE GOVERNMENT SHALL HAVE THE PRIMARY RIGHT TO EXERCISE
JURISDICTION WHEN A MEMBER OF THE U.S. ARMED FORCES ATTEMPTS TO, OR
ACTUALLY DOES, TRADE, SELL, TRANSFER, POSSESS OR USE MARIJUAN OR
NARCOTICS IF SUCH AN OFFENSE INVOLVES SOMEONE, I.E., AN ACCOMPLICE
(E.G., A RECIPIENT, PARTICIPANT, ASSISTANT, OR INSTIGATOR) OR A VICTIM,
OTHER THAN A MEMBER OF THE U.S. ARMED FORCES, THE CIVILIAN COMPONENT, OR
THEIR DEPENDENTS.
2. THE CHINESE GOVERNMENT SHALL, IN PRINCIPLE, HAVE THE PRIMARY
RIGHT TO EXERCISE JURISDICTION WHEN A MEMBER OF THE U.S. ARMED FORCES
ATTEMPTS TO, OR ACTUALLY DOES, TRADE, SELL, TRANSFER, POSSES OR USE
MARIJUANA OR NARCOTICS OUTSIDE THE AREAS IN USE BY THE U.S. ARMED
FORCES AND THE FACILITIES THEREIN OR THEREON; HOWEVER, THE U.S.
GOVERNMENT SHALL HAVE THE PRIMARY RIGHT TO EXERCISE JURISDICTION WHEN
(A) THE OFFENSE TAKES PLACE INSIDE THE RESIDENCE OR TEMPORARY RESIDENCE
OF A MEMBER OF THE U.S. ARMED FORCES AND NO ONE OTHER THAN A MEMBER OF
THE U.S. ARMED FORCES, CIVILIAN COMPONENT OR THEIR DEPENDENTS ARE
PRESENT, OR (B) THE OFFENSE TAKES PLACE OUTSIDE THE RESIDENCE OR
TEMPORARY RESIDENCE OF A MEMBER OF THE U.S. ARMED FORCES AND IS NOT
COMMITTED OPENLY NOR KNOWN TO SOMEONE OTHER THAN A MEMBER OF THE U.S.
ARMED FORCES, THE CIVILIAN COMPONENT, OR THEIR DEPENDENTS.
"TEMPORARY RESIDENCE" INCLUDES A GUEST HOUSE, A TEMPORARILY HIRED
HOTEL ROOM, INCLUDING A BEDROOM AND ITS ATTACHED TOILET ROOM, IF ANY, OR
A SUITE, BUT NOT A HOTEL LOUNGE, DINING ROOM, OR SIMILAR COMMON OR
PUBLIC AREAS; OR A SEASIDE COTTAGE OR VILLA.
"PRESENCE" OF PERSONS OTHER THAN MEMBERS OF THE U.S. ARMED FORCES
CIVILIAN COMPONENT OR THEIR DEPENDENTS DOES NOT INCLUDE CASUAL PRESENCE
OF OTHER PERSONS. HOWEVER, IF THE PERSON WHOSE PRESENC IS CASUAL
COMMITS ANY OFFENSE CONCERNING MARIJUANA OR NARCOTICS AS THE RESULT OF
THE NEGLIGENCE (I.E., THE PROXIMATE CAUSE) OF A MEMBER OF THE U.S. ARMED
FORCES, CIVILIAN COMPONENT OR THEIR DEPENDENTS, THE CHINESE GOVERNMENT
SHALL HAVE THE PRIMARY RIGHT TO EXERCISE JURISDICTION OVER ALL THESE
PERSONS.
THE FOLLOWING ILLUSTRATIONS ARE PROVIDED TO ASSIST IN EXPLAINING WHAT
CIRCUMSTANCES ARE PRESUMED CASUAL OR NOT CASUAL:
(I) A HOTEL BELLBOY BRINGS TEA TO THE HOTEL ROOM HIRED BY A MEMBER OF
THE U.S. ARMED FORCES, OR, A FLOWER VENDOR COMES TO THE RESIDENCE OF A
MEMBER OF THE U.S. ARMED FORCES OFFERING HER SALES SHAL BE PRESUMED
"CASUAL".
(II) AN OFFENSE OF POSSESSION OR USE OF MARIJUANA OR NARCOTICS IS
DETECTED INSIDE THE RESIDENCE OR TEMPORARY RESIDENCE OF A MEMBER OF THE
U.S. ARMED FORCES, BY A POLICE EMPLOYED INFORMER, WHO COMES TO SUCH A
RESIDENCE TO CARRY OUT OFFICIAL DUTIES AND THUS BEING "PRESENT" SHALL BE
PRESUMED "CASUAL".
(III) THE PRESENCE OF AN AMAH OR HOUSEHOLD EMPLOYEE OF A MEMBER OF
THE U.S. ARMED FORCES, THE CIVILIAN COMPONENT OR THEIR DEPENDENTS INSIDE
THE RESIDENCE OF A MEMBER OF THE U.S. ARMED FORCES OR THE CIVILIAN
COMPONENT SHALL BE PRESUMED "CASUAL".
(IV) THE PRESENCE OF AN ACQUAINTANCE, NOT A MEMBER OF THE U.S. ARMED
FORCES, THE CIVILIAN COMPONENT, OR, THEIR DEPENDENTS, OF THE OFFENDER,
OR, OF THE OFFENDER'S COMPANION SHALL BE PRESUMED "NOT CASUAL".
WITH RESPECT TO PARAGRAPH 2 ABOVE, "KNOWN TO SOMEONE OTHER THAN
MEMBERS OF THE U.S. ARMED FORCES, CIVILIAN COMPONENT OR THEIR
DEPENDENTS" DOES NOT INCLUDE PERSONS WHO HAVE KNOWLEDGE AS A RESULT OF
POLICE EMPLOYED INFORMERS OR THROUGH POLICE INVESTIGATIVE MEANS INSTEAD
OF OBTAINING KNOWLEDGE THROUGH THEIR OWN SENSORY PERCEPTION.
3. THE U.S. GOVERNMENT SHALL, UNLESS OTHER PARAGRAPHS OF THIS
DOCUMENT PRESCRIBE OTHERWISE, HAVE THE PRIMARY RIGHT TO EXERCISE
JURISDICTION WHEN A MEMBER OF THE U.S. ARMED FORCES ATTEMPTS TO, OR
ACTUALLY DOES, TRADE, SELL, TRANSFER, POSSESS OR USE MARIJUANA OR
NARCOTICS INSIDE THE AREAS IN USE BY THE U.S. ARMED FORCES AND THE
FACILITIES THEREIN OR THEREON.
4. THE CHINESE GOVERNMENT SHALL HAVE THE PRIMARY RIGHT TO EXERCISE
JURISDICTION, NOT WITHSTANDIN THE FOREGOING, IN THE FOLLOWING
SITUATIONS:
A. IF THE TRADE, SALE, TRANSFER, POSSESSION OR USE OF MARIJUANA TAKES
PLACE INSIDE AN AREA IN US BY THE U.S. ARMED FORCES AND THE FACILITIES
THEREIN OR THEREON AND THE QUANTITY INVOLVED EXCEEDS ON HUNDRED AND
SEVENTY-FIVE (175) GRAMS (PURE SUBSTANCE BY WEIGHT), OR, TAKES PLACE
OUTSIDE AN AREA AS AFOREMENTIONED IN PARAGRAPH 3 AND THE QUANTITY
INVOLVED EXCEEDS THIRTY (30) GRAMS (PURE SUBSTANCE B WEIGHT); OR,
B. IF THE TRADE, SALE, TRANSFER, POSSESSION OR USE OF NARCOTICS TAKES
PLACE INSIDE AN AREA IN US BY THE U.S. ARMED FORCES AND THE FACILITIES
THEREIN OR THEREON AND THE QUANTITY INVOLVED EXCEEDS THREE AND A HALF
(3.5) GRAMS (PURE SUBSTANCE BY WEIGHT), OR TAKES PLACE INSIDE THE
RESIDENCE OF AN OFFENDING MEMBER OF THE U.S. ARMED FORCES (I.E., LIVING
QUARTERS OR HOME) WHICH IS OUTSIDE THE AREA IN USE BY THE U.S. ARMED
FORCES AND THE QUANTITY INVOLVED EXCEEDS TWO AND A HALF (2.5) GRAMS
(PURE SUBSTANCE BY WEIGHT), OR, TAKES PLACE IN ANY PLACE OTHER THAN
THOSE SPECIFIED ABOVE AND THE QUANTIT INVOLVED EXCEEDS ONE (1) GRAM
(PURE SUBSTANCE BY WEIGHT); OR,
C. IF THE QUANTITIES OF MARIJUANA AND/OR NARCOTICS TRADED, SOLD,
TRANSFERRED, POSSESSED OR USED, EXCEED AN EQUIVALENT PRO RATA
COMBINATION THEREOF, AS PRESCRIBED IN PARAGRAPHS 4A AND 4B ABOVE.
5. IT IS REITERATED THAT THE CHINESE GOVERNMENT SHALL CONTINUE TO
EXERCISE EXCLUSIVE JURISDICTIO OVER THE MEMBERS OF THE U.S. CIVILIAN
COMPONENT, THEIR DEPENDENTS, AND THE DEPENDENTS OF THE U.S. ARMED
FORCES.
6. NOTHING IN THIS DOCUMENT SHALL BE DEEMED TO PRECLUDE ANY
AGREEMENT TO BE CONCLUDED BY THE TWO GOVERNMENTS SO AS TO RECALL THE
WAIVER OF JURISDICTION IN AN EXCEPTIONAL CASE.
SIGNED
EDWARD Y. KUAN
REPRESENTATIVE OF THE
REPUBLIC OF CHINA
DEC. 3, 1974
SIGNED
D.O. WILLIAMS, JR.
REPRESENTATIVE OF THE
UNITED STATES
CHINA, REPUBLIC OF 2 JUL 1974 FLITE DOCUMENT NO. 7502492
AGREEMENT
JOINT AGREEMENT ON MAINTENANCE ASSISTANCE TO CHINESE AIR FORCE
WEATHER UNITS
THE CHINESE AIR FORCE AND THE UNITED STATES AIR FORCE JOINT AGREEMENT
ON MAINTENANCE ASSISTANCE T CHINESE AIR FORCE WEATHER UNITS
1. CONSIDERING THE REQUIREMENT FOR THE CHINESE AIR FORCE WEATHER
WING TO PROVIDE ACCURATE AND TIMELY WEATHER DATA TO THE CHINESE AIR
FORCE AND THE UNITED STATES AIR FORCE, THIS DOCUMENT DETAILS PROCEDURES
FOR THE UNITED STATES AIR FORCE TO ASSIST THE CHINESE AIR FORCE IN
MAINTAINING THEIR METEOROLOGICAL EQUIPMENT IN GOOD OPERATING CONDITION.
2. THE CHINESE AIR FORCE (CAF) AND THE UNITED STATES AIR FORCE
(USAF), PURSUANT TO THE PROVISION OF PARAGRAPH 5, ARTICLE III, STATUS OF
FORCES AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF CHINA, AND
THE GOVERNMENT OF THE UNITED STATES OF AMERICA AGREE AS FOLLOWS:
A. DETACHMENT 17, 20TH WEATHER SQUADRON, 1ST WEATHER WING, YOKOTA AIR
BASE, JAPAN WILL BE RESPONSIBLE FOR SCHEDULING SEMI-ANNUAL VISITS BY THE
INTERMEDIATE MAINTENANCE SHOP (IMS) TEAMS TO THE CAF UNITS. VISITS WILL
BE SCHEDULED IN CONJUNCTION WITH IMS TEAM VISITS TO DETACHMENT 23, 1ST
WEATHER WING, CHING CHUAN KANG AIR BASE, TAIWAN AND WILL BE DEPENDENT
UPON THE AVAILABILITY OF SUFFICIENT FUNDS.
B. THE IMS TEAM WILL ASSIST THE CAF WEATHER WING IN SUSTAINING A
VIABLE MAINTENANCE PROGRAM WHIC WILL INSURE QUALITY MAINTENANCE ON ALL
METEOROLOGICAL EQUIPMENT. THEY WILL ALSO ASSIST THE CAF IN MODERNIZING
MAINTENANCE PROCEDURES, UPDATING TECHNICAL PUBLICATIONS, AND IDENTIFYING
AND SOLVING PROBLEMS REGARDING THE INSTALLATION AND OPERATION OF ALL
METEOROLOGICAL EQUIPMENT.
C. THE CAF WEATHER WING WILL DETERMINE THE SPECIFIC UNITS TO BE
VISITED BY THE IMS TEAM DURING EACH OF THE SEMI-ANNUAL VISITS. THE CAF
WEATHER WING WILL BE RESPONSIBLE FOR ARRANGING TRANSPORTATION AND
BILLETING FOR THE TEAM MEMBERS AND WILL ALSO PROVIDE AN ESCORT FOR THE
TEAM DURING THEIR VISIT.
D. OPERATING LOCATION B, 1ST WEATHER WING, TAIPEI AIR STATION, TAIWAN
WILL ACT AS LIAISON BETWEE USAF AND CAF AGENCIES ON ALL MATTERS RELATING
TO THE TERMS OF THIS AGREEMENT.
3. THIS AGREEMENT TERMINATES ON 1 JULY 1976. IT MAY BE RENEWED BY
AGREEMENT OF ALL SIGNATORIES OR THEIR SUCCESSORS IN POSITION.
4. REVISIONS TO THIS AGREEMENT WILL BE IN WRITING IN THE FORM OF A
SUPPLEMENT OR AMENDMENT AND REQUIRE CONCURRENCE OF ALL SIGNATORIES OR
THEIR SUCCESSORS IN POSITION.
5. THIS AGREEMENT BECOMES EFFECTIVE ON THE DATE OF SIGNATURE. IT
MAY BE TERMINATED BY MUTUAL CONSENT AT ANYTIME, OR BY ANY ONE PARTY WITH
30 DAYS WRITTEN NOTIFICATION TO THE OTHER.
SIGNED
LI PING-CHIH, MGENR, CAF
COMMANDER
WEATHER WING
SIGNED
EDWARD M. LINN, LT COL., USAF
OFFICER-IN-CHARGE
OL-B, 1ST WEATHER WING
CHINA, REPUBLIC OF 5 JUN 1974 FLITE DOCUMENT NO. 7502491
CREDIT AGREEMENT
CREDIT AGREEMENT FOR THE PURCHASE OF DEFENSE ARTICLES AND SERVICES
CREDIT AGREEMENT, MADE AND ENTERED INTO THE 5TH DAY OF JUNE, 1974,
BETWEEN THE GOVERNMENT OF THE REPUBLIC OF CHINA, REPRESENTED BY ITS
MINISTRY OF NATIONAL DEFENSE, AND THE GOVERNMENT OF THE UNITE STATES OF
AMERICA, REPRESENTED BY THE DEPARTMENT OF DEFENSE OF THE UNITED STATES
OF AMERICA.
WITNESSETH
WHEREAS, THE GOVERNMENT OF THE REPUBLIC OF CHINA (HEREINAFTER
SOMETIMES REFERRED TO AS THE "BORROWER") DESIRES TO ENTER, OR HAS
ENTERED, INTO PURCHASE CONTRACTS (HEREINAFTER REFERRED TO AS "PURCHASE
ARRANGEMENTS") WITH THE MILITARY DEPARTMENTS AND AGENCIES OF THE UNITED
STATES DEPARTMENT OF DEFENSE (HEREINAFTER REFERRED TO AS "DOD") AND/OR
VARIOUS UNITED STATES COMMERCIAL SUPPLIERS FOR THE PURCHASE OF DEFENSE
ARTICLES AND DEFENSE SERVICES OF UNITED STATES ORIGIN (HEREINAFTER
COLLECTIVELY REFERRED TO AS "DEFENSE ITEMS"); AND
WHEREAS, THE BORROWER HAS REQUESTED THE GOVERNMENT OF THE UNITED
STATES OF AMERICA (HEREINAFTER SOMETIMES REFERRED TO AS THE "LENDER") TO
FINANCE PAYMENTS REQUIRED TO BE MADE BY THE BORROWER UNDE THE PURCHASE
ARRANGEMENTS; AND
WHEREAS, THE AFORESAID REQUESTED CREDIT WILL FACILITATE THE PURPOSES
OF THE UNITED STATES FOREIGN MILITARY SALES ACT, AS AMENDED;
WHEREAS, THE BORROWER AND THE LENDER ENTERED INTO AN INTERIM CREDIT
AGREEMENT ON 29 MARCH 1974;
NOW THEREFORE, IN CONSIDERATION OF THE PREMISES AND THE MUTUAL
COVENANTS HEREINAFTER SET FORTH, AND IN IMPLEMENTATION OF, AND SUBJECT
TO THE PROVISIONS OF THE MUTUAL DEFENSE ASSISTANCE AGREEMENT BETWEEN THE
GOVERNMENT OF THE REPUBLIC OF CHINA AND THE GOVERNMENT OF THE UNITED
STATES OF AMERICA, DATED 9 FEBRUARY 1951, THE PARTIES HERETO AGREE AS
FOLLOWS:
1. SUBJECT TO THE TERMS AND CONDITIONS HEREOF, THE LENDER AGREES TO
MAKE LOANS TO THE BORROWER FROM TIME TO TIME IN AN AGGREGATE PRINCIPAL
AMOUNT UP TO BUT NOT EXCEEDING $15,600,000 (HEREINAFTER CALLED THE
"COMMITMENT").
2. THE AFORESAID COMMITMENT SHALL BE AVAILABLE ONLY TO FINANCE THE
PURCHASE OF DEFENSE ITEMS BY THE BORROWER PURSUANT TO PURCHASE
ARRANGEMENTS AUTHORIZED FOR SUCH FINANCING BY DOD WHICH ARE ENTERED INTO
BY THE BORROWER ON OR BEFORE 1 JUNE, 1975. EACH AUTHORIZATION FOR THE
BORROWER TO ENTER INTO A PURCHASE ARRANGEMENT IN IMPLEMENTATION OF THIS
CREDIT AGREEMENT SHALL BE SEPARATELY COMMUNICATED BY DOD IN WRITING TO
THE BORROWER, WHICH AUTHORIZATION SHALL SPECIFY THE DEFENSE ITEMS AND
THE AMOUNT OF CREDIT AUTHORIZED FOR THAT PURCHASE ARRANGEMENT. THE
BORROWER SHALL INCORPORATE INTO EACH SUCH PURCHASE ARRANGEMENT WITH
COMMERCIAL SUPPLIERS THE PROVISIONS OF EXHIBIT A HERETO AN ATTACH AS AN
EXHIBIT TO THE PURCHASE ARRANGEMENT A TRUE COPY OF THE APPLICABLE
AFORESAID AUTHORIZATION AND OF PARAGRAPH 9 OF THIS CREDIT AGREEMENT.
3. EACH LOAN HEREUNDER BY THE LENDER SHALL BE MADE IN ACCORDANCE
WITH THE FOLLOWING PROCEDURE:
(1) EACH LOAN SHALL BE MADE ON SUCH DATE (HEREINAFTER REFERRED TO AS
A "DISBURSEMENT DATE") AS MAY BE DESIGNATED BY THE BORROWER FROM TIME TO
TIME UPON TEN (10) DAYS' WRITTEN NOTICE BY THE BORROWER TO THE LENDER.
(2) EACH NOTICE SHALL SPECIFY THE AMOUNT OF THE LOAN TO BE MADE BY
THE LENDER ON THE DISBURSEMEN DATE, AND SHALL SPECIFY THE SUPPLIER OR
SUPPLIERS (INCLUDING THE MILITARY DEPARTMENTS OR AGENCIES O DOD) TO WHOM
THE DISBURSEMENT IS TO BE REMITTED BY THE LENDER.
(3) EACH NOTICE SHALL BE PREPARED IN QUADRUPLICATE ON U.S. STANDARD
FORM 1034 AND SHALL BE SENT TO THE COMPTROLLER, DEFENSE SECURITY
ASSISTANCE AGENCY, THE PENTAGON, WASHINGTON, D.C. 20301.
(4) IN THE CASE OF DISBURSEMENTS REQUESTED TO BE MADE TO COMMERCIAL
SUPPLIERS, THE INVOICES SHAL BE PREPARED IN ACCORDANCE WITH THE
PROCEDURE SET FORTH IN EXHIBIT A HERETO.
(5) IN THE CASE OF DISBURSEMENTS REQUESTED TO BE MADE TO THE MILITARY
DEPARTMENTS AND AGENCIES O DOD, THE NOTICES SHALL HAVE ANNEXED THERETO
COPIES OF THE PAYMENT REQUEST RECEIVED BY THE BORROWER FROM SUCH
MILITARY DEPARTMENT OR AGENCY AGAINST WHICH DISBURSEMENT IS REQUESTED.
(6) WITH EACH NOTICE, THE BORROWER SHALL CONCURRENTLY TRANSMIT TO THE
LENDER AT THE ADDRESS SET FORTH IN SUBPARAGRAPH (3) ABOVE OF THIS
PARAGRAPH A PROMISSORY NOTE SUBSTANTIALLY IN THE FORM OF EXHIBIT B
HERETO (WITH THE BLANKS APPROPRIATELY FILLED IN) RECITING THE OBLIGATION
OF THE BORROWER TO REPAY THE AMOUNT OF SUCH LOAN WITH INTEREST THEREON
AS HEREINAFTER SET FORTH. (THE PROMISSORY NOTES HEREINABOVE REFERRED TO
ARE HEREINAFTER CALLED THE "NOTES" AND INDIVIDUALLY A "NOTE").
4.(A) ALL OCEAN TRANSPORTATION OF THE DEFENSE ARTICLES SHALL BE ON
VESSELS OF UNITED STATES REGISTRY. THE GOVERNMENT OF THE UNITED STATES
WILL GIVE SYMPATHETIC CONSIDERATION ON A CASE-BY-CAS BASIS TO REQUESTS
BY THE BORROWER JUSTIFYING SHIPMENT ON VESSELS OF THE REGISTRY OF THE
BORROWER. CONSIDERATION WILL BE GIVEN TO SECURITY REQUIREMENTS OF THE
BORROWER TO ASSURE SAFE ARRIVAL.
(B) THE BORROWER OR ITS COMMERCIAL SUPPLIER SHALL BE RESPONSIBLE FOR
OBTAINING SUCH EXPORT LICENSES AS MAY BE NECESSARY FOR DEFENSE ITEMS
FINANCED HEREUNDER.
5. THIS AGREEMENT EVIDENCES THE LEGAL AND BINDING OBLIGATION OF THE
BORROWER TO MAKE REPAYMENTS TO THE LENDER FOR DISBURSEMENTS MADE BY THE
LENDER IN ACCORDANCE WITH THE TERMS HEREOF. THE LENDER MAY SELL OR
ASSIGN, IN WHOLE OR IN PART, ITS RIGHTS TO SAID REPAYMENTS AND MAY, WITH
RESPECT TO SUC SALE OR ASSIGNMENT, GUARANTEE PAYMENT OF THE SAME.
6.(A) THE BORROWER HEREBY AGREES:
(I) TO REPAY THE DISBURSEMENTS MADE BY THE LENDER IN ACCORDANCE WITH
THE PRINCIPAL REPAYMENT SCHEDULE SET FORTH IN EXHIBIT C HERETO; AND
(II) TO PAY INTEREST SEMIANNUALLY ON 31 MARCH AND 30 SEPTEMBER,
COMMENCING 30 SEPTEMBER, 1974, O THE AMOUNT BY WHICH FROM TIME TO TIME
CUMULATIVE DISBURSEMENTS EXCEED CUMULATIVE REPAYMENTS OF PRINCIPAL.
INTEREST SHALL BE CALCULATED ON A 365-DAY BASIS AND ACTUAL DAYS ELAPSED,
AND IN ACCORDANCE WITH THE PROVISIONS OF PARAGRAPH 5C OF THE AFORESAID
INTERIM CREDIT AGREEMENT OF 29 MARC 1974.
(B) IF ON ANY INSTALLMENT REPAYMENT DATE SET FORTH IN THE PRINCIPAL
REPAYMENT SCHEDULE THE BORROWER SHALL NOT HAVE AVAILED ITSELF OF THE
COMMITMENT OF THE LENDER IN AN AGGREGATE AMOUNT (LESS REPAYMENTS
PREVIOUSLY MADE) EQUAL TO THE AGGREGATE INSTALLMENT OF PRINCIPAL WHICH
IS REPAYABLE ON SUCH DATE TO THE LENDER, THE BORROWER SHALL, ON SUCH
INSTALLMENT REPAYMENT DATE, REPAY TO THE LENDE THE FULL AMOUNT (LESS
REPAYMENTS PREVIOUSLY MADE) TO WHICH IT HAS AVAILED ITSELF OF THE
COMMITMENT OF THE LENDER TO SUCH DATE, TOGETHER WITH THE INTEREST
ACCRUED THEREON. IF AT ANY TIME THEREAFTER THE BORROWER SHALL AVAIL
ITSELF OF THE COMMITMENT OF THE LENDER IN AN AMOUNT WHICH WOULD HAVE
BEEN PAYABLE ON A PRIOR INSTALLMENT REPAYMENT DATE BUT FOR THE
PROVISIONS OF THE IMMEDIATELY PRECEDING SENTENCE, SUCH AMOUNT, TOGETHER
WITH THE INTEREST ACCRUED THEREON, SHALL BE REPAYABLE ON THE NEXT
SUCCEEDING INSTALLMENT DATE OF THE PRINCIPAL REPAYMENT SCHEDULE
OCCURRING AFTER THE DISBURSEMENT OF SUCH AMOUNT AND THE SAID AGGREGATE
INSTALLMENT OF PRINCIPAL REPAYABLE UNDER THE PRINCIPAL REPAYMENT
SCHEDULE TO THE LENDER ON THAT DATE SHALL BE INCREASED BY SUCH AMOUNT.
(C) IF BY THE DATE SPECIFIED IN PARAGRAPH 2 ABOVE, THE BORROWER SHALL
NOT HAVE ENTERED INTO AUTHORIZED PURCHASE ARRANGEMENTS IN AN AGGREGATE
AMOUNT EQUAL TO THE ENTIRE AMOUNT OF THE COMMITMENT, THE INSTALLMENTS OF
PRINCIPAL REPAYABLE TO THE LENDER SET FORTH IN THE PRINCIPAL REPAYMENT
SCHEDULE SHALL BE REDUCED IN THE INVERSE ORDER OF THE MATURITY THEREOF
TO THE EXTENT OF THE UNUSED BALANCE OF THE COMMITMENT.
(D) WHENEVER ANY REPAYMENT TO BE MADE BY THE BORROWER SHALL BE DUE ON
A SATURDAY, SUNDAY, OR PUBLIC HOLIDAY UNDER THE LAWS OF THE LENDER, SUCH
REPAYMENT MAY BE MADE ON THE NEXT SUCCEEDING BUSINESS DAY, AND SUCH
EXTENSION OF TIME SHALL IN SUCH CASE BE INCLUDED IN COMPUTING INTEREST
IN CONNECTION WITH SUCH REPAYMENT BUT EXCLUDED FROM THE NEXT INTEREST
PERIOD.
(E) THE BORROWER MAY PREPAY THE CREDIT EXTENDED UNDER THIS AGREEMENT
IN PART OR IN FULL ON ANY INTEREST PAYMENT DATE WITHOUT PENALTY OR
PREMIUM, BUT SUCH PREPAYMENT MUST BE ACCOMPANIED BY PAYMEN OF INTEREST
ON THE AMOUNT PREPAID TO THE DATE OF PREPAYMENT AND MUST BE APPLIED TO
THE SATISFACTION OF INSTALLMENTS OF PRINCIPAL REPAYMENTS IN THE INVERSE
ORDER OF THEIR MATURITIES.
(F) ALL REPAYMENTS BY THE BORROWER ON ACCOUNT OF PRINCIPAL OR
INTEREST SHALL BE IN LAWFUL MONEY OF THE UNITED STATES OF AMERICA AND IN
IMMEDIATELY AVAILABLE FUNDS, FREE AND CLEAR OF, AND WITHOUT DEDUCTION
FOR, ANY AND ALL TAXES, LEVIES, IMPOSTS, DEDUCTIONS AND WITHHOLDINGS
WHATSOEVER IMPOSED, LEVIED, COLLECTED OR ASSESSED WITH RESPECT THERETO
BY ANY CENTRAL OR LOCAL AUTHORITY OF THE REPUBLI OF CHINA.
7.(A) THE NOTES SHALL BE FURTHER EVIDENCE OF THE OBLIGATION OF THE
BORROWER TO REPAY THE LOANS MADE HEREUNDER. EACH NOTE SHALL BE DATED
THE PARTICULAR DISBURSEMENT DATE OF THE LOAN WHICH SUCH NOTE EVIDENCES,
SHALL BE PAYABLE TO THE ORDER OF THE GOVERNMENT OF THE UNITED STATES IN
THE PRINCIPAL AMOUNT OF SUCH DISBURSEMENT, AND SHALL BEAR INTEREST ON
THE UNPAID PRINCIPAL AMOUNT THEREOF AS PROVIDED IN PARAGRAPH 5C OF THE
AFORESAID INTERIM CREDIT AGREEMENT OF 29 MARCH 1974. EXCEPT AS
OTHERWISE PROVIDED FOR IN PARAGRAPH 6.(D), ANY INTEREST BALANCE NOT PAID
ON ITS DUE DATE SHALL ACCRUE INTEREST THEREON AT THE PER ANNUM RATE SET
FORTH IN PARAGRAPH 2 OF THE AFORESAID INTERIM CREDIT AGREEMENT OF 29
MARCH 1974.
(B) THE NOTES SHALL BE COMPLETED BY THE BORROWER IN SUCH A MANNER
THAT REPAYMENT OF SUCH LOANS SHALL BE MADE IN THE ORDER OF THEIR
DISBURSEMENT, UTILIZING THE PRINCIPAL REPAYMENT SCHEDULE SET FORTH IN
EXHIBIT C (AS THE SAME MAY BE ADJUSTED IN ACCORDANCE WITH PARAGRAPHS
6(B) AND 6(C) HEREOF) AND, IN DETERMINING WHETHER A PARTICULAR LOAN IS
PAYABLE IN ONE OR MORE INSTALLMENTS, UTILIZING A PARTICULAR INSTALLMENT
PAYMENT DATE ONLY AFTER THE FULL UTILIZATION OF THE NEXT PRECEDING
INSTALLMENT DATE.
(C) EACH NOTE SHALL BE SIGNED ON BEHALF OF THE BORROWER BY THE
DIRECTOR, DIVISION FOR MINISTRY O NATIONAL DEFENSE, CHINESE GOVERNMENT
PROCUREMENT AND SERVICES MISSION.
8.(A) THE BORROWER REPRESENTS AND WARRANTS THAT THE MAKING AND
PERFORMANCE OF THIS AGREEMENT HAV BEEN DULY AUTHORIZED IN ACCORDANCE
WITH THE LAWS OF THE REPUBLIC OF CHINA AND SHALL FURNISH TO THE LENDER
UPON REQUEST EVIDENCE, SATISFACTORY TO THE LENDER, OF THE AUTHORITY OF
THE PERSON OR PERSONS WHO HAVE SIGNED THIS AGREEMENT ON BEHALF OF THE
BORROWER AND OF THE PERSON OR PERSONS WHO WILL SIGN THE NOTES PROVIDED
FOR HEREIN ON BEHALF OF THE BORROWER, TOGETHER WITH THE AUTHENTICATED
SPECIMEN SIGNATURE, IN DUPLICATE, OF EACH OF THE LATTER.
(B) THIS AGREEMENT SHALL INURE TO THE BENEFIT OF THE HOLDERS OF THE
NOTES, THEIR RESPECTIVE SUCCESSORS AND ASSIGNS. THIS AGREEMENT AND THE
NOTES SHALL BE DEEMED TO BE CONTRACTS UNDER THE LAW OF THE DISTRICT OF
COLUMBIA AND FOR ALL PURPOSES SHALL BE CONSTRUED IN ACCORDANCE WITH SAID
LAW. THE BORROWER AGREES THAT JURISDICTION MAY BE TAKEN BY COURTS IN
THE DISTRICT OF COLUMBIA WITH RESPECT TO MATTERS INVOLVING ANY NOTE,
PROVIDED SUCH NOTE IS HELD BY AN INDIVIDUAL, PARTNERSHIP, CORPORATION,
OR OTHER PRIVATE LEGAL ENTITY.
(C) THE BORROWER SHALL IN ALL CASES PAY WHEN AND AS DUE THE PRINCIPAL
OF AND INTEREST ON ALL NOTES ISSUED HEREUNDER, NOTWITHSTANDING ANY
CLAIMS WHICH THE BORROWER MAY NOW OR HEREAFTER HAVE AGAINST ANY SUPPLIER
OF THE DEFENSE ITEMS, DOD, THE LENDER, OR ANY OTHER PERSONS OR ENTITY IN
CONNECTION WITH ANY OTHER TRANSACTION, FOR ANY REASON WHATSOEVER.
9. UPON THE OCCURRENCE OF ANY OF THE FOLLOWING EVENTS OF DEFAULT:
(1) IF THE BORROWER FAILS FOR A PERIOD OF TEN (10) DAYS TO MAKE ANY
PAYMENT OF PRINCIPAL OF, OR INTEREST ON, ANY NOTE WHEN DUE; OR
(2) IF ANY REPRESENTATION OR WARRANTY MADE BY THE BORROWER HEREIN OR
ANY CERTIFICATE FURNISHED B THE BORROWER PURSUANT HERETO PROVES TO BE AT
ANY TIME INCORRECT IN ANY MATERIEL RESPECT; OR
(3) IF THE BORROWER DEFAULTS IN THE PERFORMANCE OF ANY OTHER TERM,
COVENANT OR UNDERTAKING CONTAINED IN THIS CREDIT AGREEMENT, AND SUCH
DEFAULT SHALL CONTINUE UNREMEDIED FOR 30 DAYS AFTER WRITTEN NOTIFICATION
THEREOF SHALL HAVE BEEN GIVEN TO THE BORROWER BY THE LENDER;
THEN, AND IN ANY SUCH EVENT, THE HOLDER OF ANY NOTE MAY DECLARE
IMMEDIATELY DUE AND PAYABLE THE UNPAID PRINCIPAL OF, AND ACCRUED
INTEREST ON, ANY OR ALL NOTES HELD BY SUCH HOLDER AND SUCH AMOUNTS SHALL
BECOME IMMEDIATELY DUE AND PAYABLE WITHOUT PROTEST, PRESENTMENT, NOTICE
OR OTHER DEMAND OF AN KIND, ALL OF WHICH ARE HEREBY EXPRESSLY WAIVED BY
THE BORROWER, AND THE LENDER MAY TERMINATE ITS COMMITMENT HEREUNDER.
10. ALL COMMUNICATIONS AND OTHER DOCUMENTS REQUIRED OR PERMITTED
HEREUNDER, UNLESS SUBMITTED IN THE ENGLISH LANGUAGE, SHALL BE
ACCOMPANIED BY ONE ENGLISH TRANSLATION FOR EACH COPY OF SUCH DOCUMENTS
TO BE FURNISHED AND, IN THE EVENT OF CONFLICT, THE ENGLISH VERSION SHALL
GOVERN. EXCEPT AS OTHERWISE PROVIDED HEREIN, ALL NOTICES, REQUESTS OR
DEMANDS HEREUNDER SHALL BE DEEMED TO HAVE BEEN GIVEN OR MADE UPON THE
MAILING OF THE SAME, POSTAGE PREPAID, OR IN THE CASE OF TELEGRAPHIC
NOTICE, ON DELIVERY TO THE TELEGRAPHIC COMPANY, ADDRESSED IN THE CASE OF
THE BORROWER, TO THE CHINESE GOVERNMENT PROCUREMENT AND SERVICES
MISSION, 2224 R STREET, N.W., WASHINGTON, D.C. 20008, AND IN THE CASE OF
THE LENDER TO THE DIRECTOR, DEFENSE SECURITY ASSISTANCE AGENCY, THE
PENTAGON, WASHINGTON, D.C. 20301.
11. THIS AGREEMENT MAY BE EXECUTED IN ANY NUMBER OF COUNTERPARTS AND
BY THE PARTIES HERETO ON SEPARATE COUNTERPARTS, EACH OF WHICH SHALL BE
DEEMED AN ORIGINAL BUT ALL SUCH COUNTERPARTS TO CONSTITUTE ONE AND THE
SAME INSTRUMENT.
12. EXHIBITS A THROUGH C ATTACHED HERETO ARE, BY THIS REFERENCE,
MADE A PART OF THIS AGREEMENT.
IN WITNESS WHEREOF, THE PARTIES HERETO HAVE DULY EXECUTED THIS
AGREEMENT THIS 5TH DAY OF JUNE 1974.
GOVERNMENT OF THE REPUBLIC OF CHINA
SIGNED
BY MAJOR GENERAL WEN HA-HSIUNG
DIRECTOR, DIVISION FOR MINISTRY
OF NATIONAL DEFENSE, CHINESE GOVERNMENT
PROCUREMENT AND SERVICES MISSION
GOVERNMENT OF THE UNITED STATES OF AMERICA
SIGNED
BY RAY PEET
VICE ADMIRAL, USN DIRECTOR
DEFENSE SECURITY ASSISTANCE AGENCY
EXHIBIT A
PAYMENT PROCEDURES
THE FOLLOWING PROCEDURES AND CONDITIONS SHALL BE ADHERED TO PRIOR TO
EACH DISBURSEMENT TO BE MADE BY THE GOVERNMENT OF THE UNITED STATES FOR
THE ACCOUNT OF THE GOVERNMENT OF __________.
1. THE SUPPLIER SHALL PREPARE AND SUBMIT TO THE DESIGNATED
REPRESENTATIVES OF THE GOVERNMENT OF __________ IN WASHINGTON, D.C.
INVOICES ON U.S. STANDARD FORM 1034 IN SUFFICIENT NUMBER OF COPIES T
PERMIT THE FORWARDING OF FOUR COPIES TO THE DISBURSING OFFICER
DESIGNATED IN PARAGRAPH 5 BELOW.
2. THE SUPPLIER SHALL INSURE THAT EACH INVOICE IS IN ACCORDANCE WITH
RELEVANT PROVISIONS OF ITS PURCHASE ARRANGEMENT WITH THE GOVERNMENT OF
__________.
3. THE SUPPLIER SHALL ATTACH TO EACH INVOICE A STATEMENT THAT
AUTHORIZED REPRESENTATIVES OF THE GOVERNMENT OF THE UNITED STATES SHALL,
UNTIL THE EXPIRATION OF THREE YEARS AFTER FINAL PAYMENT HEREUNDER, HAVE
ACCESS TO AND THE RIGHT TO EXAMINE ANY DIRECTLY RELATED PERTINENT BOOKS,
DOCUMENTS, PAPERS AND RECORDS OF THE SUPPLIER INVOLVING TRANSACTIONS
RELATING TO THE AFORESAID PURCHASE ARRANGEMENT.
4. TO THE EXTENT THAT ANY INVOICE REQUESTS PAYMENT OF ADVANCES, AS
DISTINGUISHED FROM PAYMENT FO DELIVERY OF DEFENSE ITEMS OR REIMBURSEMENT
IN THE FORM OF PROGRESS PAYMENTS FOR WORK OR SERVICES PERFORMED, THE
SUPPLIER SHALL ATTACH TO THE INVOICE A STATEMENT SETTING FORTH THE
UNDERTAKING OF TH SUPPLIER THAT THE FULL AMOUNT OF THE ADVANCE WILL BE
MAINTAINED BY THE SUPPLIER IN A SEGREGATED ACCOUNT WHICH WILL BE APPLIED
SOLELY TO THE PERFORMANCE OF THE SUPPLIER'S OBLIGATIONS UNDER THE
PURCHASE ARRANGEMENT.
5. THE DESIGNATED REPRESENTATIVE OF THE GOVERNMENT OF __________ IN
WASHINGTON, D.C. SHALL FORWARD SUCH INVOICES TO THE COMPTROLLER, DEFENSE
SECURITY ASSISTANCE AGENCY, THE PENTAGON, WASHINGTON, D.C. 20301.
6. EACH INVOICE SHALL BE ACCOMPANIED BY A CERTIFICATION OF THE
GOVERNMENT OF __________ AS FOLLOWS:
THE GOVERNMENT OF __________ CONFIRMS (THAT THE DEFENSE ITEMS SET
FORTH HEREIN HAVE BEEN SATISFACTORILY RECEIVED BY OR FOR THE GOVERNMENT
OF __________) (THAT THE WORK OR SERVICES FOR WHIC PROGRESS PAYMENTS ARE
REQUESTED HAVE BEEN SATISFACTORILY RENDERED) (THAT PAYMENT IS OTHERWISE
DUE) UNDER ITS PURCHASE ARRANGEMENT OF (DATE) FOR THE PURCHASE OF
DEFENSE ITEMS FROM SUPPLIER, AND CERTIFIES THAT THE BILL IS CORRECT AND
JUST AND THAT PAYMENT THEREFOR HAS NOT BEEN MADE. PAYMENT O THIS
INVOICE IS REQUESTED BY THE MINISTRY OF DEFENSE OF THE GOVERNMENT OF
__________ PURSUANT TO TH TERMS OF THE CREDIT AGREEMENT OF (DATE)
BETWEEN THE __________ OF THE GOVERNMENT OF __________ AND THE
GOVERNMENT OF THE UNITED STATES OF AMERICA. THE GOVERNMENT OF
__________ CONFIRMS THAT SAID PURCHASE ARRANGEMENT IS ONE OF THE
PURCHASE ARRANGEMENTS AUTHORIZED BY THE DEPARTMENT OF DEFENSE OF THE
UNITED STATES OF AMERICA PURSUANT TO THE AFORESAID CREDIT AGREEMENT OF
(DATE) AND FURTHER CONFIRMS THAT THE CUMULATIVE TOTAL OF THIS INVOICE
AND INVOICES PREVIOUSL PAID BY THE GOVERNMENT OF THE UNITED STATES
AGAINST SAID PURCHASE ARRANGEMENT DOES NOT EXCEED THE AGGREGATE CREDIT
CEILING ESTABLISHED BY THE GOVERNMENT OF THE UNITED STATES FOR THE SAID
PURCHASE ARRANGEMENT.
GOVERNMENT OF
BY (NAME TYPED)
(TITLE)
EXHIBIT B
PROMISSORY NOTE
PN #
DATE
U.S. __________, WASHINGTON, D.C.
FOR VALUE RECEIVED, THE UNDERSIGNED, THE GOVERNMENT OF __________
(HEREIN CALLED __________), HEREBY PROMISES TO PAY TO THE ORDER OF THE
GOVERNMENT OF THE UNITED STATES OF AMERICA (HEREIN CALLE "UNITED
STATES") THE PRINCIPAL SUM OF U.S. __________ AS FOLLOWS:
TOGETHER WITH INTEREST ON ANY AND ALL AMOUNTS REMAINING UNPAID
HEREUNDER FROM TIME TO TIME FROM THE DATE HEREOF UNTIL MATURITY, PAYABLE
SEMI-ANUALLY ON 31 MARCH AND 30 SEPTEMBER OF EACH YEAR FROM DATE HEREOF
AT A RATE DETERMINED FOR PURPOSES HEREOF (AND INCREASED OR DECREASED
FROM TIME TO TIME) IN ACCORDANCE WITH PARAGRAPH 5C OF THE INTERIM CREDIT
AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF CHINA AND THE
GOVERNMENT OF THE UNITED STATES OF AMERICA, DATED MARCH 29, 1974, USING
A 365 DAY FACTOR, BOTH PRINCIPAL AND INTEREST TO BE PAYABLE IN LAWFUL
MONEY OF THE UNITED STATES OF AMERICA AT THE OFFICE OF THE COMPTROLLER,
DEFENSE SECURITY ASSISTANCE AGENCY, WASHINGTON, D.C., 20301. ALL
PAYMENTS MADE ON ACCOUNT OF THE PRINCIPAL AMOUNT REMAINING UNPAID
HEREUNDER SHALL BE ENDORSED BY THE HOLDER ON THE REVERSE SIDE OF THIS
NOTE.
WHENEVER ANY PAYMENT TO BE MADE SHALL BE DUE ON A SATURDAY, SUNDAY,
OR A PUBLIC HOLIDAY UNDER THE LAWS OF THE GOVERNMENT OF THE UNITED
STATES, SUCH PAYMENT MAY BE MADE ON THE NEXT SUCCEEDING BUSINESS DAY,
AND SUCH EXTENSION OF TIME SHALL IN SUCH CASE BE INCLUDED IN COMPUTING
INTEREST IN CONNECTION WITH SUCH PAYMENT BUT EXCLUDED FROM THE NEXT
INTEREST PERIOD.
THIS NOTE MAY BE PREPAID ON ANY INTEREST PAYMENT DATE. PREPAYMENTS
SHALL BE APPLIED TO THE INSTALLMENTS HEREOF IN THE REVERSE ORDER OF
THEIR MATURITY. ALL PAYMENTS OF PRINCIPAL AND INTEREST ON THIS NOTE ARE
PAYABLE IN LAWFUL MONEY OF THE UNITED STATES OF AMERICA AND IN
IMMEDIATELY AVAILABLE FUNDS, FREE AND CLEAR OF, AND WITHOUT DEDUCTION
FOR ANY TAXES, LEVIES, IMPOSTS, DEDUCTIONS, AND WITHHOLDINGS WHATSOEVER
NOW OR HEREAFTER IMPOSED, LEVIED COLLECTED OR ASSESSED WITH RESPECT
THERETO BY ANY CENTRAL OR LOCAL AUTHORITY OF __________ AND SHALL BE
PAID FREE FROM ALL RESTRICTIONS OF ANY CENTRAL OR LOCAL AUTHORITY OF
__________ AGREES TO PAY ALL OUT-OF-POCKET COSTS AND EXPENSES IN
CONNECTION WITH COLLECTION AFTER DEFAULT OF THIS NOTE (INCLUDING THE
REASONABLE FEE AND OUT-OF-POCKET EXPENSES OF COUNSEL) AS WELL AS ALL
STAMP AND OTHER TAXES OF EVERY CHARACTER, IF ANY, NOW OR HEREAFTER IN
EFFECT, NOT INCLUDING TAXES IMPOSED ON THE INCOME OF THE HOLDER OF THE
NOT BY THE GOVERNMENT OF THE UNITED STATES, AND NOT INCLUDING STATE
FRANCHISE TAXES IMPOSED ON THE HOLDER OF THE NOTE, AND TO SAVE THE
HOLDER OF THE NOTE HARMLESS FROM ANY AND ALL LIABILITIES WITH RESPECT TO
OR RESULTING FROM ANY DELAY OR OMISSION TO PAY SUCH TAXES.
BY __________
REPUBLIC OF CHINA
ESTIMATED REPAYMENT SCHEDULE*
(PRINCIPAL ONLY)
DATE OF TOTAL INTERIM REPAYMENT REPAYMENT
REPAYMENT CREDIT AGREEMENT TO BANK TO USG
30 SEPTEMBER 1974 $1,560,000 $1,560,000 $__________
31 MARCH 1975 1,560,000 1,560,000 $__________
30 SEPTEMBER 1975 1,560,000 1,560,000 $__________
31 MARCH 1976 1,560,000 1,560,000 $__________
30 SEPTEMBER 1976 1,560,000 1,560,000 $__________
31 MARCH 1977 1,560,000 1,560,000 $__________
30 SEPTEMBER 1977 1,560,000 1,560,000 $__________
31 MARCH 1978 1,560,000 1,560,000 $__________
30 SEPTEMBER 1978 1,560,000 1,560,000 $__________
31 MARCH 1979 1,560,000 1,560,000 $__________
30 SEPTEMBER 1979 1,560,000 __________ 1,560,000
31 MARCH 1980 1,560,000 __________ 1,560,000
30 SEPTEMBER 1980 1,560,000 __________ 1,560,000
31 MARCH 1981 1,560,000 __________ 1,560,000
30 SEPTEMBER 1981 1,560,000 __________ 1,560,000
31 MARCH 1982 1,560,000 __________ 1,560,000
30 SEPTEMBER 1982 1,560,000 __________ 1,560,000
31 MARCH 1983 1,560,000 __________ 1,560,000
30 SEPTEMBER 1983 1,560,000 __________ 1,560,000
31 MARCH 1984 1,560,000 __________ 1,560,000
TOTAL $31,200,000 $15,600,000 $15,600,000
*THE AMOUNTS OF PRINCIPAL INSTALLMENT REPAYMENTS ARE SUBJECT TO THE
PROVISIONS OF THE INTERIM CREDIT AGREEMENT OF 29 MARCH 1974 BETWEEN THE
BORROWER AND THE LENDER.
CHINA, REPUBLIC OF 5 JUN 1974 FLITE DOCUMENT NO. 7502490
AMENDMENT
AMENDMENT NUMBER ONE TO THE INTERIM CREDIT AGREEMENT BETWEEN THE
GOVERNMENT OF THE REPUBLIC OF CHINA AND THE GOVERNMENT OF THE UNITED
STATES OF AMERICA DATED MARCH 29, 1974
AMENDMENT NUMBER ONE TO THE INTERIM CREDIT AGREEMENT BETWEEN THE
GOVERNMENT OF THE REPUBLIC OF CHINA AND THE GOVERNMENT OF THE UNITED
STATES OF AMERICA DATED MARCH 29, 1974
1. THE FORM OF THE PROMISSORY NOTE AT EXHIBIT B OF ANNEX A OF THE
INTERIM CREDIT AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF CHINA
AND THE GOVERNMENT OF THE UNITED STATES OF AMERICA, DATED MARCH 29,
1974, IS AMENDED BY STRIKING "PAYABLE SEMIANNUALLY ON __________ OF EACH
YEAR FROM DATE HEREOF AT THE RATE OF _____ PER ANNUM" AND BY INSERTING
IN LIEU THEREOF "PAYABLE SEMIANNUALLY ON 31 MARCH AND 30 SEPTEMBER OF
EACH YEAR FROM DATE HEREOF AT A RATE DETERMINED FOR PURPOSES HEREOF (AND
INCREASED OR DECREASED FROM TIME TO TIME) IN ACCORDANCE WITH PARAGRAPH
5C OF THE INTERIM CREDI AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC
OF CHINA AND THE GOVERNMENT OF THE UNITED STATES O AMERICA, DATED MARCH
29, 1974".
2. THE AMENDMENT MADE IN PARAGRAPH 1 ABOVE SHALL BE EFFECTIVE FROM
MARCH 29, 1974.
IN WITNESS WHEREOF, THE PARTIES HERETO HAVE DULY EXECUTED THIS
AMENDMENT NUMBER ONE THIS 5TH DAY OF JUNE, 1974.
GOVERNMENT OF THE REPUBLIC OF CHINA
SIGNED
BY MAJOR GENERAL WEN, HA-HSIUNG
DIRECTOR, DIVISION FOR MINISTRY OF NATIONAL DEFENSE, CHINESE
GOVERNMENT PROCUREMENT & SERVICES MISSION
GOVERNMENT OF THE UNITED STATES OF AMERICA
SIGNED
BY RAY PEET, VICE ADMIRAL, USN
DIRECTOR, DEFENSE SECURITY ASSISTANCE AGENCY
CHINA, REPUBLIC OF 1 MAY 1974 FLITE DOCUMENT NO. 7502489
LETTER OF AGREEMENT
TO INCREASE THE PROFICIENCY OF THE CHINESE ARMY (CA) SURFACE-TO-AIR
MISSILE (SAM) OPERATIONS IN THE DETECTION, TRACKING AND SIMULATED LAUNCH
AGAINST F-4C WILD WEASEL AIRCRAFT
LETTER OF AGREEMENT BETWEEN THE CHINESE ARMY, CHINESE AIR FORCE, AND
THE 327TH AIR DIVISION.
SUBJECT: WILD WEASEL
EFFECTIVE: UPON SIGNATURE
1. PURPOSE:
A. TO INCREASE THE PROFICIENCY OF THE CHINESE ARMY (CA)
SURFACE-TO-AIR MISSILE (SAM) OPERATIONS IN THE DETECTION, TRACKING AND
SIMULATED LAUNCH AGAINST F-4C WILD WEASEL AIRCRAFT.
B. TO INCREASE WILD WEASEL AIRCREW PROFICIENCY IN THE DETECTION,
LOCATION AND SIMULATED DESTRUCTION OF CA NIKE SITES AND TO FULFILL AFM
51-34 TRAINING REQUIREMENTS.
C. THE CHINESE AIR FORCE AND THE USAF, PURSUANT TO THE STATUS OF
FORCES AGREEMENT BETWEEN THE GOVERNMENTS OF THE REPUBLIC OF CHINA AND
THE UNITED STATES OF AMERICA WHICH AGREEMENT CONTROLS AND LIMITS THE
INTERPRETATION OF ANY SUBSIDIARY AGREEMENTS MADE HEREUNDER AND WITH THE
SPECIFIC AUTHORITY DERIVED FROM PARAGRAPH 5, ARTICLE III OF THE STATUS
OF FORCES AGREEMENT, AGREE AS FOLLOWS
2. SCOPE OF OPERATION:
A. F-4C WILD WEASEL AIRCRAFT AND AIRCREWS WILL UTILIZE TACTICS AND
PROCEDURES AGAINST NIKE SITES B663/C663/D663. IF OPERATIONAL
CONSTRAINTS ARE REMOVED AND SAFETY PROCEDURES ARE DEVELOPED, CA NIK AND
HAWK SITES IN THE NORTHERN SECTION OF TAIWAN CAN BE UTILIZED FOR FUTURE
TRAINING.
3. WILD WEASEL MISSIONS:
A. THE FOLLOWING TRAINING MISSIONS WILL BE PERFORMED:
(1) TYPE I - HOMING ON A SINGLE SAM SITE WHILE MAINTAINING STRAIGHT
AND LEVEL FLIGHT FROM ACQUISITION POINT TO THE TARGET.
(2) TYPE II - TACTICS SIMULATING WEAPONS DELIVERY ON MULTIPLE RADAR
SITES.
(3) TYPE III - SAME AS TYPE II, ADDING THE EMPLOYMENT OF CHAFF,
TERRAIN MASKING AND OTHER ECM OPERATIONS.
4. SCHEDULING:
A. WILD WEASEL FLYING SCHEDULES WILL BE SUBMITTED ONE WEEK IN ADVANCE
TO GCI, SAD POKER, WHO WIL COORDINATE THE SCHEDULE WITH THE CHINESE
CONTROL AND REPORTING CENTER.
5. ACQUISITION POINTS:
A. WILD WEASEL MISSIONS WILL START AT THE FOLLOWING POINTS TO
FACILITATE RADAR ACQUISITION.
(1) POINT A (23 DEGS. 00'/119 DEGS. 50'E) FOR SITE B663.
(2) POINT B (22 DEGS. 40'N/119 DEGS. 32'E) FOR SITE C663.
(3) POINT C (22 DEGS. 18'N/119 DEGS. 32'E) FOR SITE D663.
(4) POINT D (23 DEGS. 10'N/121 DEGS. 30'E) FOR SITES B663/C663/D663.
6. INFLIGHT PROCEDURES:
A. CONTACT WITH SPECIFIC RADAR SITES WILL BE MADE THROUGH AN AMERICAN
CONTROLLER AT SAD POKER WH WILL RELAY WILD WEASEL FLIGHT INFORMATION
THROUGH THE CHINESE CRC.
B. AFTER RADAR CONTACT IS ESTABLISHED AT THE ACQUISITION POINT, THE
FLIGHT CAN PERFORM EITHER TYPE I, II OR III MISSIONS AS PREBRIEFED AND
AUTHORIZED BY SAD POKER.
C. ACQUISITION POINT DELTA WILL REQUIRE THE WILD WEASEL FLIGHT TO
CLIMB TO APPROXIMATELY 30,000' FOR INITIAL ACQUISITION DUE TO THE
MOUNTAINOUS TERRAIN. THE ROUTE TO POINT DELTA WILL BE SOUTHEAST FROM
CCK CROSSING AIRWAYS B-91 AND W-7, REMAINING EAST OF W-7 UNTIL TURNING
WEST TO PROCEED TO POIN DELTA. ONCE RADAR ACQUISITION IS INDICATED TO
THE WILD WEASEL AIRCREWS, TERRAIN MASKING AND CHAFF MAY BE UTILIZED.
FLIGHT LEADERS HAVE THE OPTION TO SPLIT THE FLIGHT INTO ELEMENTS AND
ELEMENT LEADERS CAN FURTHER DIVIDE INTO SINGLE WEASEL AIRCRAFT IF THE
NATURE OF THE SIMULATED THREATS DICTATES. THIS WILL INCREASE THE CA
NIKE CONTROLLERS COORDINATION BETWEEN SITES FOR CROSS COVERAGE
7. RESTRICTIONS: F-4 WILD WEASEL TRAINING WILL ADHERE TO THE
FOLLOWING RESTRICTIONS:
A. TRAINING WILL BE ACCOMPLISHED DURING VISUAL METEORLOGICAL
CONDITION ONLY.
B. GCI (SAD POKER) MUST HAVE RADAR AND RADIO CONTACT WITH WILD WEASEL
AIRCRAFT DURING THE ENTIRE MISSION, EXCEPT FOR TYPE III MISSIONS
EMPLOYING TERRAIN MASKING WHICH WILL BE ACCOMPLISHED ONLY IN THE
MOUNTAINOUS, UNCONTROLLED AIRSPACE IN THE CENTER PORTION OF TAIWAN.
POSITIVE CONTROL SHOULD BE ASSUMED IMMEDIATELY UPON COMPLETION OF LOW
ALTITUDE EVENTS.
C. AVOID FLIGHTS OVER ALL POPULATED AREAS.
D. MINIMUM ALTITUDE IN THE VICINITY OF THE SITES C663 AND D663 IS
4500' AGL. ALTITUDE RESTRICTION AT SITE B663 WILL BE 2000' AGL.
C. MINIMUM ALTITUDE FOR TERRAIN MASKING IS 500' AGL IN UNPOPULATED
AREAS.
F. USE OF CHAFF IS RESTRICTED TO THE CENTRAL AND SOUTH SECTORS OF
TAIWAN AS PUBLISHED IN THE DOD ENROUTE FLIGHT INFORMATION PUBLICATION.
G. SIMULATED DELIVERY EVENTS WHICH INVOLVE AIROBATIC TYPE MANEUVER
WILL NOT BE PERFORMED ON AIRWAYS. THIS PROHIBITS SIMULATED FREE FALL
ORDNANCE DELIVERY AGAINST C663 AND D663.
8. COMMUNICATIONS:
A. RADIO COMMUNICATIONS AND LAND LINES TO THE CA NIKE SITES WILL BE
THROUGH CURRENT COMMUNICATIONS LINES.
9. ECM OPERATIONS:
A. AFTER ECM PODS BECOME AVAILABLE AT CCK THEY WILL BE UTILIZED
DURING WILD WEASEL MISSIONS WITH THE SAME RESTRICTIONS AS CHAFF. THE
EFFECTIVENESS OF POD OPERATION AGAINST A NIKE SITE IS UNKNOWN AT THIS
TIME. IF ECM POD OPERATIONS PROVE EFFECTIVE, IT SHOULD BE BENEFICIAL
TRAINING TO THE NIKE SITE OPERATORS.
10. LETTER OF AGREEMENT ADMINISTRATION:
A. REVISIONS TO THIS AGREEMENT WILL REQUIRE THE WRITTEN CONCURRENCE
OF BOTH PARTIES.
B. THIS AGREEMENT MAY BE TERMINATED BY EITHER PARTY UPON TWO MONTHS
PRIOR WRITTEN NOTICE.
(SIGNATURES OMITTED)
CHINA, REPUBLIC OF 24 APR 1974 FLITE DOCUMENT NO. 7502488
AGREEMENT
REVISION OF THE PAY SCALE FOR THE CHINESE EMPLOYEES SUPPORTING THE
U.S. MILITARY TRANSSHIPMENT
THIS IS CONSIDERED AN OFFICIAL DOCUMENT PERTAINING TO BOTH THE
GOVERNMENTS OF THE UNITED STATES AND THE REPUBLIC OF CHINA AND WILL NOT
BE RELEASED WITHOUT MUTUAL AGREEMENT
MILITARY SUBCOMMITTEE OF THE JOINT COMMITTEE FOR STATUS OF FORCES
AGREEMENT MEMORANDUM TO THE JOINT COMMITTEE 16 APRIL 1974
SUBJECT: REVISION OF THE PAY SCALE FOR THE CHINESE EMPLOYEES
SUPPORTING THE U.S. MILITARY TRANSSHIPMENT
REFERENCE:
(A) AGREEMENT ON TRANSSHIPMENT OF MILITARY SUPPLIES AND PERSONNEL
EFFECTS OF THE U.S. ARMED FORCES AS ENTRUSTED TO THE MND OF ROC BY THE
USTDC, 4 FEB. 1967.
(B) IT IS UNDERSTOOD THAT THE PAY SCALE OF THE CHINESE EMPLOYEES
SUPPORTING THE TRANSSHIPMENT OF U.S. MILITARY SUPPLIES HAS BEEN ADJUSTED
ACCORDING TO THAT OF THE CHINESE ARMED FORCES PERSONNEL SINCE 1 JULY
1973.
(C) MEMORANDUM OF UNDERSTANDING, JOINT COMMITTEE, SOFA, APRIL 2,
1974.
DESCRIPTION:
A. THE PAY SCALE FOR THE CHINESE ARMED FORCES PERSONNEL AND CIVILIAN
EMPLOYEES HAS BEEN ADJUSTED TO INCREASE 10% SINCE 1 JANUARY 1974.
B. FOR THE PURPOSE OF RENDERING FAIR PAYMENT AND SHOWING CONCERN
ABOUT THEIR PRESENT LIVING CONDITIONS. IT IS RECOMMENDED THAT THE PAY
SCALE FOR THE CHINESE CIVILIAN EMPLOYEES FOR TRANSSHIPMENT OPERATION BE
ADJUSTED ACCORDINGLY.
RECOMMENDATION:
A. THAT THE NEW PAY SCALE (AS ATTACHED) WILL COME INTO EFFECT FROM 1
JANUARY 1974.
B. THAT THE NEW PAY SCALE MENTIONED ABOVE BE ACCEPTED AND FORWARDED
TO THE JOINT COMMITTEE FOR APPROVAL.
(TABLE OF PAY SCALE OMITTED)
SIGNED
WEI-YAH CHIAO, MAJOR GENERAL, CAF
CHAIRMAN, ROC COMPONENT
MILITARY SUBCOMMITTEE, SOFA
SIGNED
PAUL E. HOLT, COLONEL, USA
CHAIRMAN, U.S. COMPONENT
MILITARY SUBCOMMITTEE, SOFA
APPROVED BY THE JOINT COMMITTEE: 24 APR 1974.
SIGNED
EDWARD Y. KUAN
REPUBLIC OF CHINA
REPRESENTATIVE
SIGNED
T.F. HAIRSTON
CAPTAIN JAGC USN
ALTERNATE UNITED STATES REPRESENTAIVE
CHINA, REPUBLIC OF 10 APR 1974 FLITE DOCUMENT NO. 7502487
LETTER OF AGREEMENT
TO PROVIDE THE DETAILS OF JOINT METEOROLOGICAL OBSERVING AND
FORECASTING SERVICE FOR BOTH THE CHINESE AND THE UNITED STATES AIR FORCE
UNITS OPERATING FROM CHING CHUAN KANG AIR BASE
FROM: DET 23, 1 WWG (MAC) (USAF) 10 APRIL 1974
SUBJECT: LETTER OF AGREEMENT
TO: 3RD BASE WEATHER CENTER (CAF)
1. GENERAL. THE PURPOSE OF THIS DOCUMENT IS TO PROVIDE THE DETAILS
OF JOINT METEOROLOGICAL OBSERVING AND FORECASTING SERVICE FOR BOTH THE
CHINESE AND THE UNITED STATES AIR FORCE UNITS OPERATING FROM CHING CHUAN
KANG AIR BASE. WRITTEN IN ACCORDANCE WITH ARTICLE 2B OF THE CHINESE AIR
FORCE AND THE UNITED STATES AIR FORCE JOINT AGREEMENT ON OPERATION OF
THE WEATHER SERVICE AT CHING CHUAN KANG AIR BASE, TAIWAN, IT RECOGNIZES
AND ESTABLISHES RULES FOR TAKING AND DISSEMINATING OFFICIAL WEATHER
OBSERVATIONS AND FORECASTS FOR ALL AIR TRAFFIC CONTROL AND OPERATING
AGENCIES AT CHING CHUAN KANG AIR BASE. IN FORMALIZING THESE RULES, THE
3RD BASE WEATHER CENTER (CAF) AND DETACHMENT 23, 1ST WEATHER WING (MAC)
(USAF) RECOGNIZE EACH OTHER'S OBLIGATIONS AND RESPONSIBILITIE IN SUPPORT
OF THEIR RESPECTIVE MILITARY AGENCIES AND HAVE SET FORTH, BELOW,
SPECIFICATIONS FOR THEI MUTUAL FULFILLMENT.
THE 3RD BASE WEATHER CENTER (CAF) AND DETACHMENT 23, 1ST WEATHER WING
(MAC) (USAF) OF CHING CHUAN KANG AIR BASE, TAIWAN, PURSUANT TO THE
STATUS OF FORCES AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF
CHINA AND THE UNITED STATES OF AMERICA, WHICH AGREEMENT CONTROLS AND
LIMITS THE INTERPRETATION OF THE PROVISIONS CONTAINED HEREIN, AS WELL AS
THE INTERPRETATION OF ANY SUBSIDIARY AGREEMENTS MADE HEREUNDER, AND WITH
SPECIFIC AUTHORITY DERIVED FROM PARAGRAPH 5, ARTICLE III OF THE STATUS
OF FORCES AGREEMENTS, AGREE AS FOLLOWS.
2. OBSERVATIONS.
A. OFFICIAL OBSERVATION SITE. THE REPRESENTATIVE WEATHER OBSERVATION
SITE (RWOS), LOCATED 3300 FEET WEST OF THE CONTROL TOWER, IS THE
OFFICIAL SITE FOR TAKING AND RECORDING OBSERVATIONS.
B. OPERATION AND MANNING OF THE RWOS:
(1) THE RWOS SHALL BE OPERATED AND MANNED BY CAF OBSERVERS 24 HOURS
PER DAY. IT WILL BE USAF MANAGED.
(2) USAF OBSERVERS SHALL RETAIN THE RIGHT TO USE THE RWOS TO TAKE
OBSERVATIONS DURING PERIODS OF CRITICAL OPERATIONS OR FOR TRAINING.
C. TAKING AND RECORDING OF OBSERVATIONS:
(1) CRITERIA FOR TAKING OBSERVATIONS WILL INCLUDE THOSE REQUIRED BY
THE USAF FOR VARIOUS FIELD MINIMA. ATTACHMENT 1 SPECIFIES THESE
CRITERIA AND OTHER CONSIDERATIONS.
(2) THE USAF WILL PROVIDE ASSISTANCE IN TRAINING THE CAF OBSERVER IN
USE OF USAF EQUIPMENT AND PROCEDURES. THIS TRAINING WILL BE AS REQUIRED
AND LIMITED BY THE AVAILABILITY OF PERSONNEL.
D. DISSEMINATION OF OBSERVATIONS:
(1) LONGLINE TRANSMISSION OF OBSERVATIONS IS THE RESPONSIBILITY OF
THE 3RD BASE WEATHER CENTER USING CAF CIRCUITS. USAF WEATHER PERSONNEL
MAY TRANSMIT THE OBSERVATION DIRECT TO THE CLARK AUTOMATED DIGITAL
WEATHER SWITCH (ADWS) WHEN REQUIRED.
(2) LOCAL DISSEMINATION OF OBSERVATIONS WILL BE VIA TELAUTOWRITER
FROM THE RWOS TO THE CCK AIRCRAFT CONTROL AGENCIES AS RAPIDLY AS
POSSIBLE (FMH-1/AWS SUP-1, C4). SPECIAL OBSERVATIONS WILL BE
DISSEMINATED LOCALLY VIA AUTOWRITER PRIOR TO RECORDING OBSERVATION OR
TELEPHONING THE CAF WEATHE STATION. THE PRIMARY BACK-UP SYSTEM SHALL BE
THE WEATHER NET PHONE. WHEN THE BACK-UP SYSTEM IS UTILIZED THE PRIORITY
OF DISSEMINATING THE OBSERVATIONS FROM THE RWOS WILL BE:
(A) RAPCON
(B) CONTROL TOWER
(C) HQ 3RD TFW (CAF)
(D) CAF WEATHER STATION
(E) USAF WEATHER STATION (SEE NOTE)
NOTE: WHEN THE BACK-UP SYSTEM IS IN USE THE USAF WEATHER STATION
FORECASTER WILL INSURE TELEPHON DISSEMINATION OF OBSERVATION TO THE DET
A, 18 TFW/AOC.
(3) THE LOCAL DISSEMINATION OF OBSERVATION SHALL BE IN METAR CODE.
IN SOME INSTANCES VOICE DISSEMINATION MAY BE IN CHINESE.
3. FORECASTING.
A. THE CAF 3RD BASE WEATHER CENTER IS RESPONSIBLE FOR PROVIDING
TERMINAL FORECASTS (TAFS) AND AMENDMENTS FOR CHING CHUAN KANG AIR BASE.
(1) THE CAF TAF, AND REQUIRED AMENDMENTS, WILL BE PREPARED IN
ACCORDANCE WITH AWSM 105-24, VOLUM I, CHAPTER 1 AND APPLICABLE CAF
DIRECTIVES.
(2) THE CAF TAF WILL BE AMENDED IN ACCORDANCE WITH THE APPLICABLE
REQUIREMENTS OF AWSR 105-15, ATCH 2 (ATTACHMENT 2) AND APPLICABLE CAF
DIRECTIVES.
B. THE USAF BASE WEATHER STATION, DETACHMENT 23, 1 WWG, WILL, THROUGH
THE CAF FORECASTER ON DUTY IN THE USAF BASE WEATHER STATION, MAINTAIN
CLOSE LIAISON WITH THE FORECASTERS IN THE CAF 3RD BASE WEATHER CENTER.
IN THIS RESPECT THE USAF FORECASTERS WILL:
(1) ADVISE THE CAF FORECASTER PRIOR TO TAF TRANSMISSION (1 HOUR PRIOR
WHENEVER POSSIBLE) OF ANY WEATHER WARNING, MET WATCH ADVISORY OR OTHER
OPERATIONALLY SIGNIFICANT CRITERIA THEY EXPECT DURING THE ENSUING 24
HOUR PERIOD.
(2) WORK AS CLOSELY AS POSSIBLE WITH THE CAF FORECASTER AND FOSTER
DISCUSSION OF THE SYNOPTIC SITUATION, SIGNIFICANT WEATHER AND/OR HAZARDS
EXPECTED THAT WILL HAVE IMPACT ON USAF OPERATIONS AT CCK AB.
(3) ADVISE, BEFORE THE FACT WHEN POSSIBLE, OF ANY WEATHER WARNINGS
AND/OR MET WATCH ADVISORIES BEING ISSUED.
(4) PROVIDE ASSISTANCE IN TRAINING CAF FORECASTERS AS REQUIRED.
TRAINING WILL INCLUDE, BUT NOT NECESSARILY BE LIMITED TO; TAF
PREPARATION, TAF ENCODING, USAF AMENDMENT, WEATHER WARNING AND MET WATCH
ADVISORY CRITERIA, RADAR, SATELLITE, AND GENERAL METEOROLOGICAL
TRAINING.
(5) PROVIDE ASSISTANCE IN TAF AND AMENDMENT PREPARATION THROUGH
CONSULTATION AND COORDINATION WHEN REQUESTED BY THE CAF FORECASTERS.
C. DISSEMINATION OF TAFS AND AMENDMENTS WILL BE AS FOLLOWS:
(1) CAF 3RD BASE WEATHER CENTER WILL RELAY THE TAF AND AMENDMENTS TO
THE CAF FORECASTER IN THE USAF BASE WEATHER STATION VIA TELEPHONE.
WHENEVER POSSIBLE SUBJECT FORECASTS WILL BE RELAYED AT LEAST 15 MINUTES
PRIOR TO LONGLINE TRANSMISSION.
(2) THE CAF FORECASTER WILL LOCALLY DISSEMINATE THE TAF AND
AMENDMENTS VIA THE USAF BASE WEATHER STATION AUTOWRITER. DURING PERIODS
OF AUTOWRITER OUTAGE THE CAF FORECASTER WILL ACCOMPLISH BACK-UP
DISSEMINATION, VIA TELEPHONE, TO USING CAF AGENCIES.
(3) THE USAF FORECASTER WILL INSURE IN STATION DISPLAY AND ATAD
TRANSMISSION OF THE TAF AND AMENDMENTS AND WILL, DURING PERIODS OF
AUTOWRITER OUTAGE, ACCOMPLISH BACK-UP DISSEMINATION VIA TELEPHONE, TO
USING USAF AGENCIES.
(4) CAF 3RD BASE WEATHER CENTER WILL TRANSMIT THE TAF AND AMENDMENTS
LONGLINE FROM 3RD BWC. WHE REQUIRED USAF WEATHER PERSONNEL WILL
TRANSMIT THE DATA DIRECT TO THE CLARK AUTOMATED DIGITAL WEATHE SWITCH.
4. FPS-77 WEATHER RADAR OPERATIONS.
A. USAF FORECASTERS AND OBSERVERS WILL BE RESPONSIBLE FOR TAKING AND
RECORDING SIGNIFICANT OPERATIONAL RADAR WEATHER OBSERVATIONS IN
ACCORDANCE WITH USAF WEATHER RADAR MANUAL (WBAN) AND AWS MANUAL 105-8.
B. THE USAF WEATHER STATION OBSERVER WILL BE RESPONSIBLE FOR
TRANSMITTING THE RADAR OBSERVATION OVER THE TELETYPE CIRCUIT FROM THE
USAF WEATHER STATION TO CLARK AUTOMATED DIGITAL WEATHER SWITCH. THE 3RD
BASE WEATHER CENTER WILL TRANSMIT RADAR REPORTS TO TAIPEI OVER CAF
COMMUNICATIONS CIRCUITS.
C. THE CAF AND USAF FORECASTERS/OBSERVERS WILL MAINTAIN CLOSE
COORDINATION ON UTILIZATION OF RADAR DATA. THE CAF FORECASTER WILL
INSURE THAT THE CAF OBSERVER IS KEPT ADVISED OF SIGNIFICANT RADAR ECHOES
AND INSURE INCLUSION IN CCK OBSERVATIONS WHEN APPROPRIATE.
D. THE FPS-77 WEATHER RADAR MAY BE UTILIZED TO PROVIDE TRAINING FOR
CAF FORECASTERS.
(1) THE CAF 3RD BASE WEATHER CENTER WILL ASSIGN FORECASTERS FOR
TRAINING AND CERTIFICATION ON TH FPS-77 RADAR.
(2) UPON BEING CERTIFIED, CAF FORECASTERS MAY MAKE AND RECORD RADAR
OBSERVATIONS.
5. WEATHER EQUIPMENT MAINTENANCE. ALL USAF WEATHER EQUIPMENT,
INCLUDING CAF EQUIPMENT IN THE CUSTODY OF THE USAF, INSTALLED AND
OPERATED UNDER THIS JOINT OPERATION AGREEMENT, WILL BE MAINTAINE BY THE
USAF BASE WEATHER MAINTENANCE SHOP ON A CONTINUING BASIS. WHEN
EQUIPMENT MALFUNCTIONS ARE NOTED THE CAF RWOS OBSERVER WILL IMMEDIATELY
NOTIFY THE USAF DUTY FORECASTER OR CAF FORECASTER AT THE USAF WEATHER
STATION AND EXPLAIN THE MALFUNCTION.
6. THE LETTER OF AGREEMENT FOR 3RD BASE WEATHER CENTER, CAF WEATHER
WING AND DETACHMENT 23, 1ST WEATHER WING (MAC) (USAF) MAY BE REVISED BY
MUTUAL AGREEMENT BETWEEN THE COMMANDERS OF THE CAF AND USAF WEATHER
AGENCIES INVOLVED. IN ORDER TO INSURE THAT THIS LETTER REMAINS CURRENT
IT WILL BE REVIEWED AT 6 MONTH INTERVALS BY THE COMMANDER, 3RD BASE
WEATHER CENTER (CAF) AND THE COMMANDER, DE 23, 1ST WEATHER WING (USAF)
AND REVISED IF NECESSARY.
7. THE LETTER OF AGREEMENT FOR 3RD BASE WEATHER CENTER, CAF WEATHER
WING AND DETACHMENT 23, 1ST WEATHER WING (MAC) (USAF) TERMINATES UPON
TERMINATION OF THE CHINESE AIR FORCE AND THE UNITED STATE AIR FORCE
JOINT AGREEMENT ON THE OPERATION OF THE WEATHER SERVICE AT CHING CHUAN
KANG AIR BASE, TAIWAN. THIS LETTER OF AGREEMENT MAY BE TERMINATED BY
EITHER PARTY GIVING WRITTEN NOTIFICATION TO THE OTHER AT LEAST THIRTY
DAYS PRIOR TO DATE OF TERMINATION.
SIGNED
VANN B. GIBBS, JR., MAJOR, USAF
COMMANDER
DET 23, 1ST WEATHER WING (MAC)
SIGNED
HSIEH PUNG-KUEI, LT COL, CAF
COMMANDER
3RD BASE WEATHER CENTER
ATTCH. 2
CRITERIA FOR TAKING OBSERVATIONS
1. SPECIAL. SPECIAL OBSERVATIONS WILL BE TAKEN WHENEVER A WEATHER
PARAMETER DECREASES TO LESS THAN OR INCREASE TO EQUAL OR EXCEED ANY OF
THE FOLLOWING CONDITIONS:
A. CEILING VISIBILITY 10 MIN RVR
B. A LAYER OF CLOUDS OR OBSCURING PHENOMENON ALOFT IS PRESENT BELOW
1000 AND 800 FEET AND NO LAYER WAS REPORTED BELOW 1000 AND 800 FEET IN
THE PRECEDING "R" "S" OR "RS" OBSERVATION.
2. LOCAL. LOCAL OBSERVATIONS WILL BE TAKEN AND DISSEMINATED FOR THE
FOLLOWING CONDITIONS:
A. IMMEDIATELY FOLLOWING NOTIFICATION OF AN AIRCRAFT MISHAP OCCURRING
AT OR NEAR CHING CHUAN KAN AB, UNLESS THERE HAS BEEN AN INTERVENING
RECORD OR RECORD SPECIAL OBSERVATION. SUCH OBSERVATIONS SHOULD CONSIST
OF ALL ELEMENTS NORMALLY INCLUDED IN A RECORD OBSERVATIONS.
B. FOLLOWING NOTIFICATION OF A CHANGE IN THE RUNWAY IN USE.
C. DISSEMINATION OF ONE-MINUTE MEAN RVR WHENEVER:
(1) CRITERIA FOR TAKING RVR OBSERVATIONS ARE FIRST MET (PREVAILING
VISIBILITY ONE MILE OR LESS O RVR IS 6000 FEET OR LESS); AND WHEN THE
CRITERIA ARE FIRST NOTED TO NO LONGER EXIST.
(2) RVR DECREASES TO LESS THAN OR (IF BELOW) INCREASE TO EQUAL OR
EXCEED 6000 FEET, 5000 FEET, 4000 FEET, 2400 FEET, OR 1600 FEET.
(3) RVRNO IS FIRST REQUIRED TO BE REPORTED FOR THE RUNWAY IN USE, AND
WHEN IT IS FIRST DETERMINE THAT THE CONTRACTION IS NO LONGER APPLICABLE,
PROVIDED CONDITIONS FOR REPORTING RVR EXIST.
D. FOR ALTIMETER SETTING AT A FREQUENCY NOT TO EXCEED 35 MINUTES
SINCE THE LAST DETERMINATION.
ATTACH. 2
TAF AMENDMENT CRITERIA
1. USAF TAF AMENDMENT CRITERIA FOR CHING CHUAN KANG AIR BASE ARE AS
FOLLOWS:
A. PRECIPITATION OF ANY INTENSITY BEGINS OR ENDS AND THE CURRENT
FORECAST DOES NOT SPECIFY THE OBSERVED CONDITIONS OR THE FORECAST TIMING
IS IN ERROR BY MORE THAN ONE HOUR.
B. CEILING AND/OR VISIBILITY INCREASE TO EQUAL OR EXCEED OR DECREASE
TO BELOW:
(1) 3000 FEET/3 MILES
(2) 1500 FEET/5 MILES
(3) 1000 FEET/2 MILES
(4) 300 FEET/1 MILE
(5) 200 FEET/1/2 MILE
C. A CHANGE OF WIND SPEED OF 10 KNOTS OR MORE, OR A CHANGE IN WIND
DIRECTION OF 30 DEGS. OR MORE WHEN THE WINDS ARE, OR ARE EXPECTED TO BE,
IN EXCESS OF 15 KNOTS.
D. THE FORECAST ALTIMETER SETTING IS, OR IS EXPECTED TO BE, IN ERROR
BY MORE THAN PLUS (+) .05 INCHES.
E. ANY OTHER METEOROLOGICAL CONDITION WHICH, IN THE OPINION OF THE
FORECASTER IS ESSENTIAL TO DESCRIBE ADEQUATELY THE EXPECTED WEATHER.
2. UNFORECAST CONDITIONS EXPECTED TO PERSIST FOR LESS THAN ONE HOUR
NEED NOT BE REFLECTED IN AN AMENDMENT TO THE LONGLINE TRANSMITTED
FORECAST.
3. AMENDED FORECASTS TRANSMITTED OVER LONGLINE COMMUNICATIONS WILL
BE VALID FOR THE PERIOD COMMENCING THE HOUR PRIOR TO FILE TIME OF THE
AMENDMENT AND COVER THE REMAINING TIME OF THE ORIGINA FORECAST.
CHINA, REPUBLIC OF 1 APR 1974 FLITE DOCUMENT NO. 7502486
AGREEMENT
JOINT AGREEMENT FOR USAF AUGMENTATION OF TAIPEI AREA CONTROL CENTER
AT TAIPEI TAIWAN
THE CHINESE CIVIL AERONAUTICS ADMINISTRATION AND THE UNITED STATES
AIR FORCE JOINT AGREEMENT FOR USAF AUGMENTATION OF TAIPEI AREA CONTROL
CENTER AT TAIPEI TAIWAN
CONSIDERING: UNITED STATES/DEPARTMENT OF THE DEFENSE AIR OPERATIONS
ORIGINATING WITHIN AND TRANSITING THE TAIPEI FLIGHT INFORMATION REGION
AND ITS RESULTANT IMPACT ON THE OPERATION OF THE TAIPEI AREA CONTROL
CENTER.
DESIRING: TO CONTINUE TO MINIMIZE THIS IMPACT SO LONG AS SUCH NEED
EXISTS, THEREBY INSURING AIR TRAFFIC CONTROL SERVICE AND SAFETY OF
FLIGHT TO UNITED STATES DEPARTMENT OF DEFENSE AIR OPERATIONS.
THEREBY: ENHANCING THE CAPABILITY OF THE TAIPEI AREA CONTROL CENTER
TO ABSORB UNITED STATES/DEPARTMENT OF DEFENSE AIR OPERATIONS.
THEREFORE: EFFECTIVE 1 APRIL 1974, THE CHINESE CIVIL AERONAUTICS
ADMINISTRATION AND THE UNITED STATES AIR FORCE, PURSUANT TO THE STATUS
OF FORCES AGREEMENT BETWEEN THE GOVERNMENTS OF THE REPUBLI OF CHINA AND
THE UNITED STATES OF AMERICA, THAT CONTROLS AND LIMITS THE
INTERPRETATION OF THE PROVISIONS CONTAINED HEREIN, AS WELL AS THE
INTERPRETATION OF ANY SUBSIDIARY AGREEMENTS CONDUCTED HEREUNDER AND WITH
SPECIFIC AUTHORITY DERIVED FROM PARAGRAPH 5, ARTICLE III OF THE STATUS
OF FORCES AGREEMENT, AGREE AS FOLLOWS:
ARTICLE 1 FOR THE PURPOSE OF THIS AGREEMENT, THE FOLLOWING
ABBREVIATIONS/TERMS SHALL BE USED:
CCAA - CHINESE CIVIL AERONAUTICS ADMINISTRATION
TACC - TAIPEI AREA CONTROL CENTER
USAF - UNITED STATES AIR FORCE
DOD - UNITED STATES DEPARTMENT OF DEFENSE
NCMO - NAVIGATIONAL AIDS AND COMMUNICATIONS MANAGEMENT OFFICE OF THE
2165 COMMUNICATIONS GROUP
UHF - ULTRA HIGH FREQUENCY
VHF - VERY HIGH FREQUENCY
ACC - AREA CONTROL CENTER
CERAP - A COMBINED AIR TRAFFIC CONTROL CENTER AND RADAR APPROACH
CONTROL FACILITY.
ARTICLE 2 THE CHINESE CIVIL AERONAUTICS ADMINISTRATION AND THE UNITED
STATES AIR FORCE JOINT AGREEMENT ON USAF AUGMENTATION OF TAIPEI AREA
CONTROL CENTER AT TAIPEI TAIWAN, DATED 15 DECEMBER 1973 IS HEREBY
RESCINDED:
ARTICLE 3 THE USAF AGREES TO INSTALL AND MAINTAIN REMOTE CONTROL
AIR/GROUND (RCAG) SITE TO PROVIDE MAXIMUM AIR/GROUND RADIO COVERAGE FOR
THE TACC IN SUPPORT OF USAF/DOD TRAFFIC AS FOLLOWS:
A. TAINAN RCAG - UHF/VHF TRANSMIT/RECEIVE WITH BACK UP CAPABILITY AND
ONE (1) REMOTE KEYING CIRCUIT.
B. TAIPEI AIR STATION RCAG - ONE (1) KWM-2A SINGLE SIDE BAND
TRANSMIT/RECEIVE HIGH FREQUENCY (HF RADIO SET WITH ANTENNA AND ONE (1)
REMOTE KEYING CIRCUIT.
ARTICLE 4 THE CCAA AGREES TO ASSIGN FREQUENCIES AND OPERATE RCAG
SITES FURNISHED BY THE USAF AS FOLLOWS:
A. TAINAN RCAG - TWENTY-FOUR (24) HOURS DAILY; UHF 234.8 VHF 128.1;
THE CCAA AGREES TO PROVIDE ONE (1) REMOTE KEYING CIRCUIT, THEREBY
ESTABLISHING AN ALTERNATE KEYING CAPABILITY TO THE RCAG.
B. TAIPEI AIR STATION RCAG - TWENTY-FOUR (24) HOURS DAILY; 10.081
MHZ.
ARTICLE 5 THE USAF AGREES TO MAINTAIN IN OPERATIONAL STATUS,
COMMENSURATE WITH PRIORITIES ASSIGNED FOR RESTORAL ACTION, THE FOLLOWING
CIRCUITS/EQUIPMENT IN SUPPORT OF USAF/DOD AIRCRAFT MOVEMENTS.
A. TELETYPE CIRCUIT SBF-1 (UNSECURED), WITH EQUIPMENT, FROM TACC TO
CLARK AIRWAYS.
B. VOICE CIRCUIT KM-82 FROM TACC TO MANILA ACC.
C. VOICE CIRCUIT S-201 FROM TACC TO KADENA CERAP.
D. VOICE CIRCUIT SFE-5 FROM TACC TO SAIGON ACC.
E. ONE (1) KWM-2A SINGLE SIDE BAND TRANSMIT/RECEIVE HIGH FREQUENCY
(HF) RADIO SET AS BACKUP TO THE TAIPEI AIR STATION RCAG SITE. EQUIPMENT
WILL BE LOCATED AT TACC.
ARTICLE 6 THE CCAA AGREES TO OPERATE ALL CIRCUITS REFERRED TO IN
ARTICLE 5 ON A 24 HOUR BASIS AN TO ASSIST THE USAF IN EFFECTING RESTORAL
ACTIONS. OUTAGE OF CIRCUITS/EQUIPMENT IN ARTICLES 3 AND 5 SHALL BE
REPORTED TO THE 2165 COMMUNICATIONS GROUP NCMO.
ARTICLE 7 THE USAF AGREES TO COORDINATE AND ASSIST IN THE MAINTENANCE
AND RESTORAL ACTIONS OF AL USAF EQUIPMENT/CIRCUIT OUTAGES.
ARTICLE 8 THE USAF AND CCAA AGREE TO REVIEW THE REQUIREMENT FOR
CONTINUED OPERATION OF CIRCUITS/EQUIPMENT OUTLINED IN ARTICLES 3 AND 5
AND THE MAINTENANCE ASSISTANCE REFERRED TO IN ARTICLE 7 IN OCTOBER 1974.
WHEN USAF/DOD MILITARY EXIGENCIES DICTATE OR CCAA COMPLETES INSTALLATIO
OF HOST NATION CAPABILITY OR USAF/DOD TRAFFIC WITHIN THE TAIPEI FIR
DECREASES TO THE POINT THAT THE CIRCUITS/EQUIPMENT, INDIVIDUALLY OR
COLLECTIVELY, ARE NO LONGER DEEMED ESSENTIAL BY THE USAF FOR SAFETY OF
FLIGHT; REDUCED SUPPORT OF THE AFFECTED CIRCUITS/EQUIPMENT MAY BE
IMPLEMENTED. ADVANCE NOTIFICATION OF NINETY (90) DAYS SHALL BE GIVEN TO
THE CCAA PRIOR TO ANY REDUCTION.
ARTICLE 9 REVISIONS TO THIS AGREEMENT WILL REQUIRE CONCURRENCE OF
BOTH PARTIES.
(SIGNATURES OMITTED)
CHINA, REPUBLIC OF 30 MAR 1974 FLITE DOCUMENT NO. 7502485
AGREEMENT
TACTICAL SCRAMBLE AND RECOVERY PROCEDURES
LETTER OF AGREEMENT
LETTER OF AGREEMENT BETWEEN 1ST TACTICAL FIGHTER WING, DETACHMENT 1,
405TH FIGHTER WING, TAINAN APPROACH CONTROL TOWER, TAINAN GCA AND
CHINESE AIR FORCE AIRCRAFT CONTROL AND WARNING TACTICAL WING
1ST TACTICAL WING LETTER NO. ___
DETACHMENT 1, 405TH FIGHTER WING LETTER NO. ___
TAINAN APPROACH CONTROL TOWER LETTER NO. 1
TAINAN GCA LETTER NO. 1
CAF AIRCRAFT CONTROL AND WARNING TACTICAL WING LETTER NO. ___
SUBJECT: TACTICAL SCRAMBLE AND RECOVERY PROCEDURES
EFFECTIVE: 30 MARCH 1974 (CANCELS TAINAN APPROACH CONTROL TOWER
LETTER NO. 1 DATED 8 JULY 1973).
1. GENERAL:
A. THIS AGREEMENT IS PURSUANT TO THE PROVISIONS OF PARAGRAPH 5,
ARTICLE III, STATUS OF FORCES AGREEMENT BETWEEN THE GOVERNMENT OF THE
REPUBLIC OF CHINA AND THE GOVERNMENT OF THE UNITED STATES O AMERICA.
B. THIS AGREEMENT OUTLINES PROCEDURES TO BE USED IN THE CONTROL OF
FIGHTER/INTERCEPTOR AIRCRAFT AT TAINAN AIR BASE.
C. PROCEDURES CONTAINED HEREIN ARE IN ACCORDANCE WITH CHINESE AIR
FORCE AND CHINESE CIVIL AERONAUTICS ADMINISTRATION DOCUMENTS, UNITED
STATES AIR FORCE DOCUMENTS AND OTHER DIRECTIVES APPLICABLE TO THE ABOVE
NAMED AGENCIES.
2. RESPONSIBILITIES:
A. TAINAN APPROACH CONTROL TOWER SHALL:
(1) INSURE IFR SEPARATION IS PROVIDED FOR SCRAMBLES UNTIL THEY ARE
ESTABLISHED UNDER CRC/CRP CONTROL.
(2) RELAY SCRAMBLE INSTRUCTIONS TO USAF AIRCRAFT AS FOLLOWS:
(CALL SIGN) VECTORS (ASSIGNED VECTOR) BUSTER/GATE CLIMB (AS
APPROPRIATE) FLIGHT LEVEL (ALTITUDE) CONTACT SAD POKER/BIG LAKE ON
(ASSIGNED FREQUENCY) BACKUP (FREQUENCY) DESIGNATOR (CRC/CRP CONTROLLER).
(3) GIVE PRIORITY TO ACTUAL AIR DEFENSE SCRAMBLES OVER ALL OTHER
TRAFFIC EXCEPT EMERGENCIES. (HOWEVER, AN ACTIVE AIR DEFENSE SCRAMBLE
AIRCRAFT MAY BE CLEARED FOR TAKE-OFF WHILE AN EMERGENCY AIRCRAFT IS
APPROACHING FOR LANDING, DEPENDING ON THE NATURE OF THE EMERGENCY AND
THE POSITION OF THE EMERGENCY AIRCRAFT). NOTIFICATION OF ACTUAL AIR
DEFENSE SCRAMBLES WILL BE MADE TO THE CONTROL TOWER BY THE PILOT AS
FOLLOWS:
"TAINAN TOWER, THIS IS RED ALERT HOT SCRAMBLE, RED ALERT HOT SCRAMBLE
REQUEST IMMEDIATE TAKE-OFF RUNWAY 36 (AIRCRAFT CALL SIGN)."
(4) PASS DEPARTURE TIMES TO 405TH COMMAND POST.
B. CRC/CRP OR 405TH OPERATIONS CENTER SHALL:
WHEN PASSING AIRBORNE ORDERS/SCRAMBLES, SPECIFY PRACTICE/ACTUAL AIR
DEFENSE SCRAMBLE AND INCLUDE THE FOLLOWING:
(A) AIRCRAFT IDENTIFICATION.
(B) AIRCRAFT TYPE.
(C) ESTIMATED TIME OF DEPARTURE (ETD).
(D) ANY SPECIFIC INSTRUCTIONS.
(E) ESTIMATED TIME ENROUTE (ETE).
(F) RECOVERY BASE.
C. CRC/CRP SHALL:
(1) NOTIFY TAINAN APPROACH CONTROL WHEN THE SCRAMBLE AIRCRAFT HAS
BEEN RADAR IDENTIFIED, IS IN RADIO CONTACT AND CONTROL HAS BEEN
ACCEPTED.
(2) ASSUME FULL RESPONSIBILITY OF TARGET SEPARATION BETWEEN AIRCRAFT
UNDER THEIR CONTROL AND ALL OTHER OBSERVED AIRCRAFT TARGETS.
(3) ARRIVALS: NOTIFY GCA AND APPROACH CONTROL TEN (10) MINUTES PRIOR
TO AIRCRAFT REACHING THE RECOVERY HANDOFF POINT, INCLUDE THE FOLLOWING:
(A) CALL SIGN AND TYPE AIRCRAFT.
(B) NUMBER OF AIRCRAFT (IF IN FLIGHT FORMATION).
(C) POSITION (IN RELATION TO HANDOFF POINT).
(D) AIRCRAFT HEADING.
(E) ADDITIONAL INFORMATION AS REQUIRED.
(4) POSITION AIRCRAFT OVER THE RECOVERY HANDOFF POINT SO AS TO EFFECT
RADAR HANDOFFS.
(5) INSURE AIRCRAFT ARE LEVEL AT 4000 FEET PRIOR TO RADAR HANDOFF.
(6) INSTRUCT PILOT TO SQUAWK MODE 3, CODE 0100 PRIOR TO HANDOFF.
D. GCA SHALL:
(1) ACCEPT CONTROL OF RECOVERY AIRCRAFT OVER HANDOFF POINTS AFTER
THEY HAVE BEEN RADAR IDENTIFIED.
(2) ASSIGN FREQUENCY USING SINGLE FREQUENCY CONCEPT, WHEN POSSIBLE.
(3) NOTIFY CRC/CRP WHEN RADIO CONTACT HAS NOT BEEN ESTABLISHED.
(4) KEEP CRC/CRP INFORMED OF AIRCRAFT ACCEPTANCE RATE.
E. TACTICAL SCRAMBLE AIRCRAFT SHALL:
(1) USE RUNWAY 36 FOR DEPARTURE WHEN THE WIND VELOCITY IS 15 KNOTS OR
LESS.
(2) AFTER RECEIVING CONTROL TOWER TAKE-OFF CLEARANCE:
(A) CLIMB ON TWS TACAN RADIAL (RWY 36 - 290R, RWY 18 - 250R) AND
MAINTAIN 3000 FEET UNTIL 15 DME - THEN CONTINUE CLIMB TO ASSIGNED
ALTITUDE.
(B) CLIMB ON VECTOR AS SPECIFIED BY CRC/CRP. NOTE: (THIS PROCEDURE
MAY BE USED FOR ACTIVE AIR DEFENSE SCRAMBLES ONLY AFTER PRIOR
COORDINATION HAS BEEN EFFECTED WITH TAINAN APPROACH CONTROL).
3. PROCEDURES:
A. RECOVERY OF SCRAMBLE AIRCRAFT SHALL BE CRC/CRP VECTORS TO THE
APPROPRIATE RECOVERY POINT, FOLLOWED BY A GCA APPROACH. DURING PERIODS
WHEN GCA IS INOPERATIVE, COORDINATION SHALL BE EFFECTED WITH TAINAN
APPROACH CONTROL AND THE AIRCRAFT WILL BE VECTORED TO FOXTROT ONE, FOR A
HI-TACAN RWY 1 OR RWY 36 APPROACH.
B. DESIGNATED RECOVERY POINTS ARE:
(1) FOXTROT ONE - 270 RADIAL, 25 DME OF TWS TACAN.
(2) FOXTROT TWO - 300 RADIAL, 20 DME OF TWS TACAN.
(3) FOXTROT THREE - 240 RADIAL, 20 DME OF TWS TACAN.
C. CRC/CRP SHALL MAINTAIN A MINIMUM SEPARATION OF FIVE (5) NM (OR AS
SPECIFIED BY TAINAN GCA) BETWEEN SUCCESSIVE AIRCRAFT/FLIGHTS. FLIGHTS
DESIRING TO RECOVER AS SEPARATE ELEMENTS SHALL ADVISE CRC/CRP PRIOR TO
REACHING DESIGNATED HANDOFF POINTS.
D. GCA SHALL NOT ALTER THE AIRCRAFT HEADING AFTER HANDOFF UNTIL THE
AIRCRAFT HAS DESCENDED BELOW 4000 FEET, UNLESS PRIOR COORDINATION WITH
CRC/CRP IS EFFECTED.
E. LOST COMMUNICATIONS:
(1) ALL SCRAMBLE/AIRBORNE ORDER AIRCRAFT WILL BE OPERATING ON AN
EXPECTED APPROACH CLEARANCE (EAC) OF 45 MINUTES AFTER DEPARTURE TIME.
IF THE PILOT LOSES COMMUNICATIONS HE WILL PROCEED AT LAS ASSIGNED
ALTITUDE TO FOXTROT ONE FOR A HI-TACAN APPROACH AND:
(A) NORDO ONLY: SQUAWK EMERGENCY FOR ONE MINUTE PRIOR TO REACHING
APPROACH FIX, THEN SQUAWK 760 AND HOLD UNTIL EAG, BEFORE COMMENCING
APPROACH.
(B) EMERGENCY (OTHER THAN NORDO): SQUAWK EMERGENCY AND COMMENCE
APPROACH.
(2) ALL AIRCRAFT WILL MONITOR FREQUENCY 267.6 ON AUXILIARY RADIO
(RECEIVER ONLY) FOR EMERGENCY INSTRUCTIONS/CONTROL.
(SIGNATURES OMITTED)
(ATTACHMENT #1 AND #2 OMITTED) LETTER OF AGREEMENT
LETTER OF AGREEMENT BETWEEN 3RD TACTICAL FIGHTER WING, CHING CHUAN
KANG APPROACH CONTROL, CHING CHUAN KANG TOWER, CHINESE AIR FORCE
AIRCRAFT CONTROL AND WARNING TACTICAL WING AND TAIPEI AREA CONTROL
CENTER (TACC)
3RD TACTICAL FIGHTER WING LETTER NO. ___
TAIPEI AREA CONTROL CENTER LETTER NO. ___
CHINESE AIR FORCE AIRCRAFT CONTROL AND WARNING TACTICAL WING LETTER
NO. ___
CHING CHUAN KANG TOWER LETTER NO. 7
CHING CHUAN KANG APPROACH CONTROL LETTER NO. 7
SUBJECT: TACTICAL SCRAMBLE AND RECOVERY PROCEDURES
EFFECTIVE: 30 MARCH 1974
THIS LETTER SUPERSEDES 3RD TACTICAL FIGHTER WING LETTER NO.
(UNNUMBERED), TAIPEI AREA CONTROL CENTER LETTER NO. (UNNUMBERED),
CHINESE AIR FORCE AIRCRAFT CONTROL AND WARNING TACTICAL WING LETTER NO.
(UNNUMBERED), CHING CHUAN KANG APPROACH CONTROL LETTER NO. 7, DATED: 1
JUL 72.
THIS AGREEMENT OUTLINES PROCEDURES TO BE USED IN THE CONTROL OF
TACTICAL AIRCRAFT AT CHING CHUAN KANG AIR BASE (CCK), TAIWAN, REPUBLIC
OF CHINA.
1. GENERAL: PROCEDURES HEREIN ARE PURSUANT TO THE PROVISIONS OF
PARAGRAPH 5, ARTICLE III, STATU OF FORCES AGREEMENT BETWEEN THE
GOVERNMENT OF THE REPUBLIC OF CHINA AND THE GOVERNMENT OF THE UNITE
STATES OF AMERICA.
2. RESPONSIBILITIES:
A. SCRAMBLE PROCEDURES DURING VFR:
(1) UPON BEING NOTIFIED BY THE SCRAMBLING AGENCY, CCK TOWER SHALL:
(A) IMMEDIATELY CLEAR THE RUNWAY AND DISCONTINUE ALL APPROACHES BEING
CONDUCTED. IF AN AIRCRAFT IS ON FINAL APPROACH WITHIN ONE (1) MILE OF
LANDING THRESHOLD, IT SHALL BE ALLOWED TO CONTINUE THE APPROACH AND
LAND, UNLESS IT IS A 3 MIN. ALERT, IN WHICH CASE A GO-AROUND WILL BE
EFFECTED. UPON LANDING, THE AIRCRAFT SHALL BE INSTRUCTED TO CLEAR THE
RUNWAY AS SOON AS PRACTICAL.
(B) RELAY SCRAMBLE INFORMATION TO CCK APPROACH CONTROL TO INCLUDE THE
FOLLOWING:
1. AIRCRAFT CALL SIGN.
2. TYPE AND NUMBER OF AIRCRAFT IN EACH FLIGHT.
3. DIRECTION OF DEPARTURE.
(C) CLEAR THE AIRCRAFT FOR DEPARTURE AND INSTRUCT THEM TO CONTACT THE
APPROPRIATE CRC/CRP ON THE ASSIGNED FREQUENCY.
B. RECOVERY PROCEDURES DURING VFR:
(1) CRC/CRP SHALL:
(A) VECTOR AIRCRAFT, SQUAWKING MODE THREE, CODE 0600, DIRECTLY TO CCK
AB, UTILIZING VFR ALTITUDE WHILE IN CONTROLLED AIRSPACE.
(B) NOTIFY CCK APPROACH CONTROL AND CONTROL TOWER OF VFR VECTORS TO
FIELD IN SIGHT, TO INCLUDE:
1. AIRCRAFT CALL SIGN.
2. TYPE AND NUMBER OF AIRCRAFT IN EACH FLIGHT.
3. POSITION AIRCRAFT WILL ENTER CCK APPROACH CONTROL DELEGATED
AIRSPACE.
(C) COORDINATE WITH CCK APPROACH CONTROL FOR THOSE PROCEDURES
OUTLINED IN 2.D, WHEN AIRCRAFT REQUEST RADAR APPROACHES DURING VFR.
(2) FIGHTER/INTERCEPTOR AIRCRAFT SHALL:
(A) REPORT THE AIRFIELD IN SIGHT, CHANGE TO CCK TOWER FREQUENCY AND
RECOVER VFR.
(B) WHEN DESIRING TO EXECUTE A RADAR APPROACH DURING VFR, NOTIFY THE
RESPECTIVE CRC/CRP PRIOR TO 30 NM INBOUND TO CCK.
C. SCRAMBLE PROCEDURES DURING IFR:
(1) UPON BEING NOTIFIED BY THE SCRAMBLING AGENCY, CCK TOWER SHALL:
(A) IMMEDIATELY CLEAR THE RUNWAY AND DISCONTINUE APPROACHES BEING
CONDUCTED. IF AN AIRCRAFT IS ON FINAL APPROACH WITHIN ONE (1) MILE OF
LANDING THRESHOLD, IT SHALL BE ALLOWED TO CONTINUE THE APPROACH AND
LAND, UNLESS IT IS A 3 MIN. ALERT IN WHICH CASE GO-AROUND WILL BE
EFFECTED. UPON LANDING, THE AIRCRAFT SHALL BE INSTRUCTED TO CLEAR THE
RUNWAY AS SOON AS PRACTICAL.
(B) RELAY SCRAMBLE INFORMATION TO CCK APPROACH CONTROL TO INCLUDE THE
FOLLOWING:
1. AIRCRAFT CALL SIGN.
2. TYPE AND NUMBER OF AIRCRAFT IN EACH FLIGHT.
3. DEPARTURE RUNWAY.
4. IDENTIFY THE CRC/CRP DESIGNATED AS PRIMARY CONTROL.
(C) OBTAIN DEPARTURE AND RELEASE INSTRUCTIONS BEFORE CLEARING ANY IFR
SCRAMBLE AIRCRAFT FOR TAKEOFF UNLESS IT IS AN ACTIVE SCRAMBLE.
(D) CLEAR THE AIRCRAFT FOR DEPARTURE AND INSTRUCT THEM TO CONTACT CCK
APPROACH CONTROL ON THE DESIGNATED FREQUENCY.
(2) CCK APPROACH CONTROL SHALL:
(A) ISSUE APPROPRIATE DEPARTURE INSTRUCTIONS TO INCLUDE SID,
FREQUENCY AND RELEASE, BASED ON TRAFFIC CONDITIONS, WHEN REQUESTED BY
CCK TOWER. (SID'S ARE DEPICTED IN ATTACHMENTS 1 & 2).
(B) PROVIDE RADAR SERVICE AND TRAFFIC ADVISORIES UNTIL THE SCRAMBLE
AIRCRAFT REPORT VFR ON TOP O ARE RADAR IDENTIFIED BY THE CONTROLLING
CRC/CRP. AT THAT TIME, THE AIRCRAFT SHALL CHANGE TO THE FREQUENCY
ASSIGNED BY CRC/CRP AND RADAR SERVICE BY CCK APPROACH CONTROL SHALL BE
TERMINATED. IN NO INSTANCE, EXCEPT EMERGENCIES, SHALL VECTORS BE
PROVIDED OUTSIDE OF CCK DELEGATED AIRSPACE.
(3) CRC/CRP SHALL OBTAIN AN APPROPRIATE ATC CLEARANCE THRU TACC AMIS
SECTOR WHEN UNABLE TO ESTABLISH RADAR CONTACT WITH SCRAMBLE AIRCRAFT.
D. RECOVERY PROCEDURES DURING IFR:
(1) NORMAL RECOVERY PROCEDURES DURING IFR SHALL BE CRC/CRP VECTORS TO
A RECOVERY POINT FOLLOWED BY CCK APPROACH CONTROL VECTORS TO A PRECISION
RADAR APPROACH.
(2) RECOVERY POINTS:
(A) ZULU ONE - CCK TACAN 320 RADIAL, 30 DME. VFR HOLDING ONLY.
(B) ZULU TWO - CCK TACAN 270 RADIAL, 30 DME.
(C) ZULU THREE - CCK TACAN 220 RADIAL, 30 DME. VFR HOLDING ONLY.
NOTE: HOLDING WILL BE LEFT TURNS BETWEEN 25 AND 30 DME. MINIMUM
HOLDING ALTITUDE IS 14,000 FEET
(3) CRC/CRP SHALL:
(A) NOTIFY CCK APPROACH CONTROL AT LEAST FIVE (5) MINUTES OR AS SOON
AS POSSIBLE THEREAFTER PRIO TO AIRCRAFT REACHING THE RECOVERY POINT AND
FORWARD THE FOLLOWING INFORMATION.
1. AIRCRAFT CALL SIGN.
2. TYPE AND NUMBER OF AIRCRAFT IN THE FLIGHT.
3. RECOVERY POINT TO BE UTILIZED.
4. ASSIGNED ALTITUDE.
(B) PROVIDE LONGITUDINAL SEPARATION BETWEEN SUCCESSIVE
AIRCRAFT/FLIGHTS AS DIRECTED BY CCK APPROACH CONTROL. EXCEPT IN
EMERGENCY SITUATIONS, THE MINIMUM LONGITUDINAL SEPARATION BETWEEN
SUCCESSIVE AIRCRAFT/FLIGHTS IS 7 MILES OR TWO MINUTES. (A MINIMUM OF 10
MILES OR 3 MINUTES WILL BE PROVIDED WHEN CCK APPROACH CONTROL IS
REQUIRED TO SPLIT UP FORMATIONS).
(C) ADVISE THE AIRCRAFT/FLIGHT OF THE ASSIGNED APPROACH FREQUENCY
PRIOR TO THE RECOVERY POINT. CRC/CRP SHALL BE RESPONSIBLE FOR PROVIDING
A MINIMUM OF 1,000 FEET OF VERTICAL SEPARATION BETWEEN SUCCESSIVE
AIRCRAFT/FLIGHTS OVER THE RECOVERY POINT. THE FIRST AIRCRAFT/FLIGHT TO
REACH THE RECOVERY POINT SHALL BE AT THE LOWEST ALTITUDE, BUT NEVER
BELOW THAT ALTITUDE SPECIFIED AS THE MINIMUM HOLDING ALTITUDE (14,000').
SUCCESSIVE AIRCRAFT/FLIGHTS SHALL BE SEQUENCED, IN ORDER, AT HIGHER
ALTITUDES.
(D) PROVIDE FORMATION SPLIT UP WHEN REQUESTED BY FLIGHTS.
(E) INSTRUCT AIRCRAFT TO SQUAWK MODE THREE, CODE 0400.
(F) EFFECT RADAR HAND-OFF AND TRANSFER OF COMMUNICATIONS ON THE
FREQUENCY SPECIFIED BY CCK APPROACH CONTROL OVER THE RECOVERY POINT.
(G) ADVISE TACC (VIA AMIS CIRCUIT) OF ALL HOLDING AIRCRAFT AT ZULU
THREE. ADVISORIES WILL INCLUDE SPECIFIC ALTITUDES IN USE AND EAC OF
AIRCRAFT. ADVISORIES SHALL BE FORWARDED NOT LESS THAN TWO (2) MINUTES
PRIOR TO THE AIRCRAFT/FLIGHT ENTERING THE HOLDING PATTERN.
(H) PROVIDE A-1 AND W-4 TRAFFIC ADVISORIES, FORWARDED BY TACC (AMIS)
TO ALL AIRCRAFT HOLDING AT ZULU THREE AND TO CCK APPROACH CONTROL.
(I) NOTIFY TACC WHEN ZULU THREE HOLDING IS TERMINATED.
(J) NOTIFY CCK APPROACH CONTROL OF ANY KNOWN OR SUSPECTED NORDO
AIRCRAFT.
(4) TACC AMIS SECTOR SHALL:
(A) UPON NOTIFICATION OF ZULU THREE HOLDING, PROVIDE A-1/W-4 TRAFFIC
INFORMATION WHICH MIGHT AFFECT OR BE AFFECTED BY THIS HOLDING TO THE
CRC/CRP VIA AMIS CIRCUIT.
(B) INSURE A CONTINUAL FLOW OF TRAFFIC INFORMATION IS ADHERED TO
UNTIL ADVISED THAT ZULU THREE HOLDING IS TERMINATED.
(5) CCK APPROACH CONTROL SHALL:
(A) INSURE THAT THE CONTROLLING CRC/CRP IS ADVISED OF THE CURRENT CCK
WEATHER, RUNWAY IN USE AND ANY NOTAM INFORMATION PERTAINING TO CCK
AIRFIELD OR NAVAID STATUS.
(B) IF POSSIBLE, ISSUE A DISCRETE FREQUENCY TO CRC/CRP FOR EACH
RECOVERING AIRCRAFT/FLIGHT. THI SHOULD OCCUR AT THE TIME CRC/CRP
CONTACTS CCK APPROACH CONTROL WITH THE FIVE (5) MINUTE INBOUND ADVISORY.
(C) WHEN NOTIFIED BY CRC/CRP THAT AIRCRAFT WILL BE RECOVERING, CCK
APPROACH CONTROL SHALL EXPECT A MINIMUM OF TWO (2) MINUTES OR SEVEN (7)
MILES BETWEEN AIRCRAFT/FLIGHTS. (A MINIMUM OF 10 MILES O MINUTES WHEN
CCK APPROACH CONTROL IS REQUIRED TO SPLIT UP FORMATIONS.) THESE ARE THE
MINIMUMS AND THE ONLY DEVIATION FROM THESE MINIMUMS SHALL BE IN THE
EVENT OF EMERGENCY AIRCRAFT.
(D) NOTIFY CRC/CRP WHEN THE AIRCRAFT ARE UNDER THE CONTROL OF CCK
APPROACH CONTROL.
(E) PROVIDE POSITIVE RADAR VECTORS ONLY AFTER AIRCRAFT HAVE ENTERED
CCK DELEGATED AIRSPACE.
(6) FIGHTER/INTERCEPTOR AIRCRAFT SHALL:
(A) MAINTAIN 300 KNOTS CRUISING AIRSPEED BEFORE DESCENT AND CONTACT
CRC/CRP TEN (10) MINUTES OR AS SOON AS POSSIBLE THEREAFTER BEFORE
RECOVERY, STATING INTENTIONS.
(B) CONTACT CCK APPROACH CONTROL ON THE FREQUENCY ASSIGNED OVER THE
RECOVERY POINT. AIRCRAFT SHALL NOT PROCEED PAST THE RECOVERY POINT
WITHOUT ESTABLISHING RADIO CONTACT WITH CCK APPROACH CONTROL. (RADIO
OUT PROCEDURES ARE CONTAINED IN PARA. 2E(2).)
(C) ADVISE CRC/CRP, ON INITIAL CONTACT, WHEN A FLIGHT OF TWO OR MORE
AIRCRAFT DESIRE SINGLE SHIP APPROACHES.
(D) ADVISE CRC/CRP IF FUEL STATUS DOES NOT PERMIT HOLDING AT THE
APPROPRIATE RECOVERY POINT.
(E) INSURE CCK APPROACH CONTROL IS INFORMED WHEN AIRCRAFT ARE
EXPERIENCING LOW/MINIMUM/EMERGENCY FUEL STATE. ADDITIONALLY, AIRCRAFT
WILL ADVISE CCK APPROACH CONTROL, PRIOR TO BASE LEG OR PRIOR TO 15 NM
FINAL ON A STRAIGHT IN APPROACH OF THEIR LANDING INTENTIONS; I.E., FULL
STOP, LOW APPROACH AN IN CASE OF FORMATION FLIGHTS, THE INTENTIONS OF
EACH SEPARATE AIRCRAFT.
(F) COMPLY WITH INSTRUCTIONS ISSUED BY CCK APPROACH CONTROL.
E. RADIO OUT/EMERGENCY PROCEDURES:
(1) IN THE EVENT THAT RADIO CONTACT CANNOT BE ESTABLISHED WITH
CRC/CRP, AIRCRAFT/FLIGHTS SHALL CONTACT CCK APPROACH CONTROL AND REQUEST
APPROACH INSTRUCTIONS.
(2) IN THE EVENT OF RADIO FAILURE; THE PILOT SHALL, WITHIN A 35
NAUTICAL MILE RADIUS OF CCK TACAN, SQUAWK EMERGENCY FOR 30 SECONDS, THEN
SWITCH TO MODE THREE - CODE 0400 AND PROCEED DIRECT TO AMBER FIX,
MAINTAIN VFR, OR 14,000 FEET. LOST COMMUNICATIONS EAC SHALL BE 45
MINUTES AFTER ACTUAL DEPARTURE TIME. UPON ARRIVAL AT AMBER FIX OR AT
EAC, WHICHEVER IS LATER, EXECUTE A HI-TACAN APPROACH. IN THE EVENT THE
PILOT IS NOT AWARE OF THE RUNWAY IN USE HE SHALL EXECUTE AN APPROACH TO
THAT RUNWAY FROM WHICH HE DEPARTED. AIRCRAFT WILL SQUAWK MODE THREE,
CODE 0400 "IDENT" ONE MINUTE PRIOR TO COMMENCING APPROACH.
(3) IN THE EVENT THAT RADIO CONTACT CANNOT BE ESTABLISHED WITH CCK
APPROACH CONTROL, RECOVERING AIRCRAFT SHALL ESTABLISH A HOLDING PATTERN
AT THE RECOVERY POINT, CONTACT CRC/CRP AND FOLLOW THOSE INSTRUCTIONS
RECEIVED. THESE INSTRUCTIONS WILL NORMALLY BE RADAR VECTORS TO THE 12
DME ARC AND EXECUTE THE APPROPRIATE APPROACH.
3. PROCEDURES FOR TERMINATING RADAR FINAL APPROACHES:
A. FIGHTER/INTERCEPTOR AIRCRAFT SHALL:
(1) IF DESIRING TO TERMINATE A RADAR APPROACH AFTER SIGHTING THE
RUNWAY, NOTIFY THE PAR FINAL CONTROLLER BY TRANSMITTING; "RUNWAY IN
SIGHT". (NOTE: NORMALLY THIS SHALL ONLY BE REQUESTED BETWEEN ONE AND
THREE MILES FROM TOUCHDOWN.)
B. THE PAR FINAL CONTROLLER SHALL:
(1) UPON BEING NOTIFIED BY THE FIGHTER/INTERCEPTOR AIRCRAFT OF A
DESIRE TO TERMINATE A RADAR APPROACH, ACKNOWLEDGE THE REQUEST BY
TRANSMITTING; "ROGER TAKE OVER VISUALLY." (NOTE: THE PAR CONTROLLER
SHALL CONTINUE TO MONITOR THE APPROPRIATE FREQUENCY UNTIL THE AIRCRAFT
HAS LANDED OR EXECUTED A LOW APPROACH.)
4. MISSED APPROACH PROCEDURES:
A. IN THE EVENT OF A MISSED APPROACH FROM A PAR APPROACH, THE
AIRCRAFT SHALL ABIDE BY INSTRUCTIONS AS ISSUED BY CCK APPROACH CONTROL.
B. IN THE EVENT OF A MISSED APPROACH FROM A NON-RADAR APPROACH, THE
AIRCRAFT SHALL ABIDE BY THOS MISSED APPROACH INSTRUCTIONS APPLICABLE TO
THE APPROACH BEING EXECUTED.
C. AFTER MISSED APPROACH PILOTS WILL NORMALLY REQUEST RADAR VECTORS
FOR A PAR APPROACH OR A RED PATTERN (ATTACHMENT #3) FOR A TACAN
APPROACH.
(SIGNATURES OMITTED)
(ATTACHMENT #1,2 AND 3 OMITTED)
CHINA, REPUBLIC OF 29 MAR 1974 FLITE DOCUMENT NO. 7502484
CREDIT AGREEMENT
CREDIT AGREEMENT FOR THE PRUCHASE OF DEFENSE ARTICLES AND SERVICES
INTERIM CREDIT AGREEMENT
MADE AND ENTERED INTO THE 29TH DAY OF MARCH 1974, BETWEEN THE
GOVERNMENT OF REPUBLIC OF CHINA, REPRESENTED BY ITS MINISTRY OF NATIONAL
DEFENSE, AND THE GOVERNMENT OF THE UNITED STATES OF AMERICA REPRESENTED
BY THE UNITED STATES DEPARTMENT OF DEFENSE.
WITNESSETH
WHEREAS, THE GOVERNMENT OF THE REPUBLIC OF CHINA DESIRES TO ENTER, OR
HAS ENTERED, INTO PURCHASE CONTRACTS WITH THE MILITARY DEPARTMENTS AND
AGENCIES OF THE UNITED STATES DEPARTMENT OF DEFENSE AND/OR VARIOUS
UNITED STATES COMMERCIAL SUPPLIERS FOR THE PURCHASE OF DEFENSE ARTICLES
AND DEFENSE SERVICES OF UNITED STATES ORIGIN; AND
WHEREAS, THE GOVERNMENT OF THE REPUBLIC OF CHINA HAS REQUESTED THE
GOVERNMENT OF THE UNITED STATE OF AMERICA TO FINANCE, AND TO ARRANGE FOR
PRIVATE FINANCING OF, PAYMENTS REQUIRED TO BE MADE BY THE GOVERNMENT OF
THE REPUBLIC OF CHINA UNDER ITS PURCHASE CONTRACTS; AND
WHEREAS, THE AFORESAID REQUESTED FINANCING WILL FACILITATE THE
PURPOSES OF THE UNITED STATES FOREIGN MILITARY SALES ACT, AS AMENDED;
NOW THEREFORE, IN CONSIDERATION OF THE PREMISES AND THE MUTUAL
COVENANTS HEREINAFTER SET FORTH, AND IN IMPLEMENTATION OF, AND SUBJECT
TO THE PROVISIONS OF THE MUTUAL DEFENSE ASSISTANCE AGREEMENT BETWEEN THE
GOVERNMENT OF THE REPUBLIC OF CHINA AND THE GOVERNMENT OF THE UNITED
STATES OF AMERICA, DATED FEBRUARY 9, 1951, THE PARTIES HERETO AGREE AS
FOLLOWS:
1. SUBJECT TO THE TERMS AND CONDITIONS HEREOF, AND SOLELY FOR THE
AFORESAID PURPOSES, THE GOVERNMENT OF THE UNITED STATES OF AMERICA SHALL
MAKE OR PLACE LOANS TO THE GOVERNMENT OF THE REPUBLIC OF CHINA FROM TIME
TO TIME IN AN AGGREGATE PRINCIPAL AMOUNT UP TO BUT NOT EXCEEDING U.S.
$31,200,000.
2. THE GOVERNMENT OF THE REPUBLIC OF CHINA SHALL REPAY THE LOANS
MADE PURSUANT TO THIS PRESENT AGREEMENT IN 20 CONSECUTIVE SEMIANNUAL
INSTALLMENTS OF U.S. $1,560,000 EACH, PAYABLE ON 31 MARCH, AND 30
SEPTEMBER OF EACH YEAR AND COMMENCING ON 30 SEPTEMBER 1974, AND SHALL
PAY INTEREST SEMIANNUALLY ON 31 MARCH AND 30 SEPTEMBER OF EACH YEAR,
COMMENCING ON 30 SEPTEMBER 1974, AT THE RAT OF 7% (SEVEN PER CENT) PER
ANNUM, USING A 365 DAY FACTOR, ON THE AMOUNT BY WHICH FROM TIME TO TIME
CUMULATIVE DISBURSEMENTS EXCEED CUMULATIVE REPAYMENTS OF PRINCIPAL.
3. THE GOVERNMENT OF THE REPUBLIC OF CHINA AGREES TO EXECUTE AT THE
OFFICE OF THE DIRECTOR, UNITED STATES DEFENSE SECURITY ASSISTANCE
AGENCY, ON 15 MAY 1974, OR ON SUCH EARLIER DATE AS MAY BE NOTIFIED TO IT
BY THE AFORESAID DIRECTOR, A CREDIT AGREEMENT IN THE FORM OF ANNEX A
HERETO (WITH TH BLANKS APPROPRIATELY FILLED IN AND SUBJECT TO THE
PRINCIPAL AND INTEREST SCHEDULE SPECIFIED IN PARAGRAPH 2 ABOVE) FOR AT
LEAST U.S. $15,600,000, BUT NOT TO EXCEED THE AGGREGATE PRINCIPAL AMOUNT
SPECIFIED IN PARAGRAPH 1 ABOVE, IN PARTIAL OR FULL SUBSTITUTION OF THIS
PRESENT AGREEMENT AND, EXCEPT AS OTHERWISE PROVIDED HEREIN AND IN THE
CREDIT AGREEMENT, OF THE RESPECTIVE RIGHTS AND OBLIGATIONS OF THE TWO
GOVERNMENTS UNDER THIS PRESENT AGREEMENT.
4. SUBJECT TO PARAGRAPH 5 BELOW, THE GOVERNMENT OF THE UNITED STATES
OF AMERICA RESERVES THE RIGHT TO PLACE, ON OR BEFORE 10 MAY 1974, WITH
OR WITHOUT ADVERTISEMENT, UP TO US $15,600,000 IN PRINCIPAL AMOUNT OF
THE AGGREGATE LOAN AMOUNT SPECIFIED IN PARAGRAPH 1 ABOVE WITH ONE OR
MORE PRIVATE LENDERS DOING BUSINESS IN THE UNITED STATES AT THE RATE OF
INTEREST THEN AVAILABLE AND SUBJECT TO THE PRINCIPAL AND INTEREST
REPAYMENT SCHEDULE SPECIFIED IN PARAGRAPH 2 ABOVE. SUCH LOAN SHALL BE
PLACED PURSUANT TO LOAN AGREEMENT(S) EXECUTED BY SUCH PRIVATE LENDERS
SUBSTANTIALLY IN THE FORM OF ANNEX B HERETO (WITH THE BLANKS
APPROPRIATELY FILLED IN), SUBJECT TO UNITED STATES GOVERNMENT GUARANTY
UNDER THE UNITED STATES FOREIGN MILITARY SALES ACT, AS AMENDED. THE
GOVERNMENT OF THE REPUBLIC OF CHINA AGREES TO EXECUTE THE AFORESAID LOAN
AGREEMENT(S) AT THE OFFICE OF THE DIRECTOR, UNITED STATES DEFENSE
SECURITY ASSISTANCE AGENCY, ON SUCH DATE AS MAY BE SPECIFIED BY THE
AFORESAID DIRECTOR, UPON NOTIFICATION TO IT THAT THE GOVERNMENT OF THE
UNITED STATES OF AMERICA HAS EXERCISED ITS RIGHT UNDER THE PRECEDING
SENTENCES OF THIS PARAGRAPH, IN PARTIAL SUBSTITUTION OF THI PRESENT
AGREEMENT AND OF THE RESPECTIVE RIGHTS AND OBLIGATIONS OF THE TWO
GOVERNMENTS UNDER THIS PRESENT AGREEMENT.
5. IN THE EVENT THAT THE GOVERNMENT OF THE UNITED STATES OF AMERICA
EXERCISES ITS RIGHT UNDER PARAGRAPH 4 ABOVE -
A. IN THE AGGREGATE, THE PRINCIPAL AND INTEREST SCHEDULES OF THE
CREDIT AGREEMENT AND THE LOAN AGREEMENT(S) SHALL MATCH THE PRINCIPAL AND
INTEREST SCHEDULES SPECIFIED IN PARAGRAPH 2 ABOVE, ALTHOUGH INDIVIDUAL
PAYMENTS TO THE GOVERNMENT OF THE UNITED STATES OF AMERICA AND TO THE
PRIVATE LENDER(S), RESPECTIVELY, MAY VARY AS TO AMOUNT AND SCHEDULED
DATE.
B. EACH BORROWING BY THE GOVERNMENT OF THE REPUBLIC OF CHINA UNDER
THE AFORESAID CREDIT AGREEMEN AND LOAN AGREEMENT(S) WILL BE PRORATIONED
AMONG THE GOVERNMENT OF THE UNITED STATES OF AMERICA AND THE PRIVATE
LENDER(S) IN THE PROPORTIONS THAT EACH OF THE LOAN COMMITMENTS UNDER THE
CREDIT AGREEMENT AND THE LOAN AGREEMENT(S) BEARS TO THE AGGREGATE
PRINCIPAL AMOUNT OF US $31,200,000 SPECIFIED IN PARAGRAPH 1 ABOVE, AND
THE GOVERNMENT OF THE REPUBLIC OF CHINA UNDERTAKES THAT IT SHAL SO
ALLOCATE EACH BORROWING. THIS UNDERTAKING BY THE GOVERNMENT OF THE
REPUBLIC OF CHINA SHALL CONTINUE IN FORCE AFTER THE EXECUTION OF THE
CREDIT AGREEMENT AND LOAN AGREEMENT(S).
C. INTEREST UNDER THE CREDIT AGREEMENT SHALL BE COMPUTED AS FOLLOWS:
(I) WITH RESPECT TO EACH SEMI-ANNUAL PAYMENT OF INTEREST SCHEDULED
UNDER PARAGRAPH 2 ABOVE AND PAYABLE BOTH UNDER THE LOAN AGREEMENT(S) AND
THE CREDIT AGREEMENT -
(A) THE AGGREGATE INTEREST PAYABLE TO THE PRIVATE LENDER(S) AND TO
THE GOVERNMENT OF THE UNITED STATES OF AMERICA SHALL BE COMPUTED AT THE
PER ANNUM RATE SET FORTH IN PARAGRAPH 2 ABOVE ON THE AGGREGATE UNPAID
PRINCIPAL;
(B) THE AMOUNT OF INTEREST PAYABLE TO THE PRIVATE LENDER(S) SHALL BE
COMPUTED AT THE PER ANNUM RATE SET FORTH IN THE LOAN AGREEMENT(S) ON THE
AMOUNT OF UNPAID PRINCIPAL OWED TO THE PRIVATE LENDER(S); AND
(C) THE DIFFERENCE BETWEEN THE AGGREGATE INTEREST AMOUNT AND THE
INTEREST AMOUNT PAYABLE TO THE PRIVATE LENDER(S) SHALL BE THE INTEREST
AMOUNT DUE AND PAYABLE ON THE SCHEDULED DATE TO THE GOVERNMENT OF THE
UNITED STATES OF AMERICA.
(II) WITH RESPECT TO EACH SEMI-ANNUAL PAYMENT OF INTEREST SCHEDULED
UNDER PARAGRAPH 2 ABOVE AND PAYABLE AFTER THE ENTIRE PRINCIPAL OF THE
LOAN(S) UNDER THE LOAN AGREEMENT(S) HAS BEEN REPAID, INTEREST PAYABLE
UNDER THE CREDIT AGREEMENT SHALL BE COMPUTED AT THE PER ANNUM RATE SET
FORTH IN PARAGRAPH 2 ABOVE ON THE UNPAID PRINCIPAL AMOUNT OF THE CREDIT
AGREEMENT.
D. SHOULD THE GOVERNMENT OF THE REPUBLIC OF CHINA NOT AVAIL ITSELF OF
THE ENTIRE AMOUNT OF THE LOAN COMMITMENTS UNDER THE CREDIT AGREEMENT AND
LOAN AGREEMENT(S), AND THE INSTALLMENTS OF PRINCIPA REPAYMENTS SET FORTH
IN THE PRINCIPAL REPAYMENT SCHEDULES OF BOTH AGREEMENTS BE ACCORDINGLY
REDUCED IN THE INVERSE ORDER OF MATURITY TO THE EXTENT OF THE UNUSED
BALANCES OF THE COMMITMENTS, AS PROVIDED FOR IN ANNEXES A AND B, THEN,
IN THAT EVENT -
(I) THE PRINCIPAL REPAYMENT SCHEDULE OF THE CREDIT AGREEMENT SHALL BE
DEEMED ADDITIONALLY ADJUSTED TO CONFORM AS TO AMOUNTS AND DATES TO THE
PRINCIPAL SCHEDULE SPECIFIED IN PARAGRAPH 2 ABOVE, NAMELY, THE
INSTALLMENTS OF PRINCIPAL REPAYMENTS DUE UNDER THE CREDIT AGREEMENT
SHALL BE EQUAL TO THE DIFFERENCE IN THE ORDER OF THEIR MATURITIES
BETWEEN (A) THE PRINCIPAL REPAYMENTS SPECIFIED UNDER PARAGRAPH 2 ABOVE
AND (B) THE PRINCIPAL REPAYMENTS DUE UNDER THE REDUCED PRINCIPAL
REPAYMENT SCHEDULE OF THE LOAN AGREEMENT(S); AND
(II) UPON REQUEST OF THE GOVERNMENT OF THE UNITED STATES OF AMERICA,
THE GOVERNMENT OF THE REPUBLIC OF CHINA SHALL DELIVER TO THE GOVERNMENT
OF THE UNITED STATES OF AMERICA, IN PLACE OF ANY PROMISSORY NOTE ISSUED
UNDER THE CREDIT AGREEMENT PRIOR TO SUCH ADJUSTMENT OF THE PRINCIPAL
REPAYMENT SCHEDULE, ONE OR MORE PROMISSORY NOTES, AGGREGATING NOT MORE
THAN THE AMOUNT OF THE NOTE REPLACED, WHICH SHALL CONFORM TO THE
ADJUSTED PRINCIPAL REPAYMENT SCHEDULE OF THE CREDIT AGREEMENT.
6. THE PURPOSE OF EXECUTING THE CREDIT AGREEMENT AND THE LOAN
AGREEMENT(S) SPECIFIED IN PARAGRAP 3 AND PARAGRAPH 4 ABOVE IS TO
DEFINITIZE IN FULL THE CREDIT TERMS, DISBURSEMENT PROCEDURES, AND
REPAYMENT OBLIGATIONS SET FORTH IN SUMMARY FASHION IN PARAGRAPH 1 AND
PARAGRAPH 2 ABOVE PRIOR TO TH DISBURSEMENT OF ANY FUNDS. TO THE EXTENT
THAT THE GOVERNMENT OF THE REPUBLIC OF CHINA SHOULD BE UNWILLING OR
UNABLE TO EXECUTE ONE OR MORE OF SAID CREDIT AGREEMENT AND LOAN
AGREEMENT(S) AT THE TIMES SPECIFIED, THE GOVERNMENT OF THE UNITED STATES
OF AMERICA RESERVES THE RIGHTS (I) TO TERMINAT ALL OR ANY PART OF THE
LOAN COMMITMENT SPECIFIED IN PARAGRAPH 1 ABOVE AND (II) NOT TO ISSUE THE
UNITED STATES GOVERNMENT GUARANTIES REFERRED TO IN PARAGRAPH 4 ABOVE.
IN WITNESS WHEREOF, THE PARTIES HERETO HAVE DULY EXECUTED THIS
AGREEMENT ON THIS 29TH DAY OF MARC 1974.
GOVERNMENT OF THE REPUBLIC OF CHINA
BY SIGNED
MAJOR GENERAL WEN, HA-HSIUNG
DIRECTOR, DIVISION FOR MINISTRY OF NATIONAL DEFENSE, CHINESE
GOVERNMENT PROCUREMENT AND SERVICES MISSION
GOVERNMENT OF THE UNITED STATES OF AMERICA
BY SIGNED
RAY PEET
VICE ADMIRAL, USN
DIRECTOR
DEFENSE SECURITY ASSISTANCE AGENCY
ANNEX A
CREDIT AGREEMENT, MADE AND ENTERED INTO THE __________ DAY OF
__________, 19__, BETWEEN THE GOVERNMENT OF __________, REPRESENTED BY
ITS __________, AND THE GOVERNMENT OF THE UNITED STATES OF AMERICA,
REPRESENTED BY THE DEPARTMENT OF DEFENSE OF THE UNITED STATES OF
AMERICA.
WITNESSETH
WHEREAS, THE GOVERNMENT OF __________ (HEREINAFTER SOMETIMES REFERRED
TO AS THE "BORROWER") DESIRES TO ENTER, OR HAS ENTERED, INTO PURCHASE
CONTRACTS (HEREINAFTER REFERRED TO AS "PURCHASE ARRANGEMENTS") WITH THE
MILITARY DEPARTMENTS AND AGENCIES OF THE UNITED STATES DEPARTMENT OF
DEFENS (HEREINAFTER REFERRED TO AS "DOD") AND/OR VARIOUS UNITED STATES
COMMERCIAL SUPPLIERS FOR THE PURCHASE OF DEFENSE ARTICLES AND DEFENSE
SERVICES OF UNITED STATES ORIGIN (HEREINAFTER COLLECTIVELY REFERRED TO
AS "DEFENSE ITEMS"); AND
WHEREAS, THE BORROWER HAS REQUESTED THE GOVERNMENT OF THE UNITED
STATES OF AMERICA (HEREINAFTER SOMETIMES REFERRED TO AS THE "LENDER") TO
FINANCE PAYMENTS REQUIRED TO BE MADE BY THE BORROWER UNDE THE PURCHASE
ARRANGEMENTS; AND
WHEREAS, THE AFORESAID REQUESTED CREDIT WILL FACILITATE THE PURPOSES
OF THE UNITED STATES FOREIGN MILITARY SALES ACT, AS AMENDED;
WHEREAS, THE BORROWER AND THE LENDER ENTERED INTO AN INTERIM CREDIT
AGREEMENT ON __________;
NOW THEREFORE, IN CONSIDERATION OF THE PREMISES AND THE MUTUAL
COVENANTS HEREINAFTER SET FORTH, AND IN IMPLEMENTATION OF, AND SUBJECT
TO THE PROVISIONS OF THE MUTUAL DEFENSE ASSISTANCE AGREEMENT BETWEEN THE
GOVERNMENT OF __________ AND THE GOVERNMENT OF THE UNITED STATES OF
AMERICA, DATED __________, THE PARTIES HERETO AGREE AS FOLLOWS:
1. SUBJECT TO THE TERMS AND CONDITIONS HEREOF, THE LENDER AGREES TO
MAKE LOANS TO THE BORROWER FROM TIME TO TIME IN AN AGGREGATE PRINCIPAL
AMOUNT UP TO BUT NOT EXCEEDING $__________ (HEREINAFTER CALLED THE
"COMMITMENT").
2. THE AFORESAID COMMITMENT SHALL BE AVAILABLE ONLY TO FINANCE THE
PURCHASE OF DEFENSE ITEMS BY THE BORROWER PURSUANT TO PURCHASE
ARRANGEMENTS AUTHORIZED FOR SUCH FINANCING BY DOD WHICH ARE ENTERED INTO
BY THE BORROWER ON OR BEFORE __________, 19__. EACH AUTHORIZATION FOR
THE BORROWER TO ENTER INTO A PURCHASE ARRANGEMENT IN IMPLEMENTATION OF
THIS CREDIT AGREEMENT SHALL BE SEPARATELY COMMUNICATED BY DOD IN WRITING
TO THE BORROWER, WHICH AUTHORIZATION SHALL SPECIFY THE DEFENSE ITEMS AND
THE AMOUNT OF CREDIT AUTHORIZED FOR THAT PURCHASE ARRANGEMENT. THE
BORROWER SHALL INCORPORATE INTO EACH SUCH PURCHASE ARRANGEMENT WITH
COMMERCIAL SUPPLIERS THE PROVISIONS OF EXHIBIT A HERETO AN ATTACH AS AN
EXHIBIT TO THE PURCHASE ARRANGEMENT A TRUE COPY OF THE APPLICABLE
AFORESAID AUTHORIZATION AND OF PARAGRAPH 9 OF THIS CREDIT AGREEMENT.
3. EACH LOAN HEREUNDER BY THE LENDER SHALL BE MADE IN ACCORDANCE
WITH THE FOLLOWING PROCEDURE:
(1) EACH LOAN SHALL BE MADE ON SUCH DATE (HEREINAFTER REFERRED TO AS
A "DISBURSEMENT DATE") AS MAY BE DESIGNATED BY THE BORROWER FROM TIME TO
TIME UPON TEN (10) DAYS' WRITTEN NOTICE BY THE BORROWER TO THE LENDER.
(2) EACH NOTICE SHALL SPECIFY THE AMOUNT OF THE LOAN TO BE MADE BY
THE LENDER ON THE DISBURSEMEN DATE, AND SHALL SPECIFY THE SUPPLIER OR
SUPPLIERS (INCLUDING THE MILITARY DEPARTMENTS OR AGENCIES O DOD) TO WHOM
THE DISBURSEMENT IS TO BE REMITTED BY THE LENDER.
(3) EACH NOTICE SHALL BE PREPARED IN QUADRUPLICATE ON U.S. STANDARD
FORM 1034 AND SHALL BE SENT TO THE COMPTROLLER, DEFENSE SECURITY
ASSISTANCE AGENCY, THE PENTAGON, WASHINGTON, D.C. 20301.
(4) IN THE CASE OF DISBURSEMENTS REQUESTED TO BE MADE TO COMMERCIAL
SUPPLIERS, THE INVOICES SHAL BE PREPARED IN ACCORDANCE WITH THE
PROCEDURE SET FORTH IN EXHIBIT A HERETO.
(5) IN THE CASE OF DISBURSEMENTS REQUESTED TO BE MADE TO THE MILITARY
DEPARTMENTS AND AGENCIES O DOD, THE NOTICES SHALL HAVE ANNEXED THERETO
COPIES OF THE PAYMENT REQUEST RECEIVED BY THE BORROWER FROM SUCH
MILITARY DEPARTMENT OR AGENCY AGAINST WHICH DISBURSEMENT IS REQUESTED.
(6) WITH EACH NOTICE, THE BORROWER SHALL CONCURRENTLY TRANSMIT TO THE
LENDER AT THE ADDRESS SET FORTH IN SUBPARAGRAPH (3) ABOVE OF THIS
PARAGRAPH A PROMISSORY NOTE SUBSTANTIALLY IN THE FORM OF EXHIBIT B
HERETO (WITH THE BLANKS APPROPRIATELY FILLED IN) RECITING THE OBLIGATION
OF THE BORROWER TO REPAY THE AMOUNT OF SUCH LOAN WITH INTEREST THEREON
AS HEREINAFTER SET FORTH. (THE PROMISSORY NOTES HEREINABOVE REFERRED TO
ARE HEREINAFTER CALLED THE "NOTES" AND INDIVIDUALLY A "NOTE").
4.(A) ALL OCEAN TRANSPORTATION OF THE DEFENSE ARTICLES SHALL BE ON
VESSELS OF UNITED STATES REGISTRY. THE GOVERNMENT OF THE UNITED STATES
WILL GIVE SYMPATHETIC CONSIDERATION ON A CASE-BY-CAS BASIS TO REQUESTS
BY THE BORROWER JUSTIFYING SHIPMENT ON VESSELS OF THE REGISTRY OF THE
BORROWER. CONSIDERATION WILL BE GIVEN TO SECURITY REQUIREMENTS OF THE
BORROWER TO ASSURE SAFE ARRIVAL.
(B) THE BORROWER OR ITS COMMERCIAL SUPPLIER SHALL BE RESPONSIBLE FOR
OBTAINING SUCH EXPORT LICENSES AS MAY BE NECESSARY FOR DEFENSE ITEMS
FINANCED HEREUNDER.
5. THIS AGREEMENT EVIDENCES THE LEGAL AND BINDING OBLIGATION OF THE
BORROWER TO MAKE REPAYMENTS TO THE LENDER FOR DISBURSEMENTS MADE BY THE
LENDER IN ACCORDANCE WITH THE TERMS HEREOF. THE LENDER MAY SELL OR
ASSIGN, IN WHOLE OR IN PART, ITS RIGHTS TO SAID REPAYMENTS AND MAY, WITH
RESPECT TO SUC SALE OR ASSIGNMENT, GUARANTEE PAYMENT OF THE SAME.
6.(A) THE BORROWER HEREBY AGREES:
(I) TO REPAY THE DISBURSEMENTS MADE BY THE LENDER IN ACCORDANCE WITH
THE PRINCIPAL REPAYMENT SCHEDULE SET FORTH IN EXHIBIT C HERETO; AND
(II) TO PAY INTEREST SEMIANNUALLY ON __________ AND __________,
COMMENCING __________, 19__, ON THE AMOUNT BY WHICH FROM TIME TO TIME
CUMULATIVE DISBURSEMENTS EXCEED CUMULATIVE REPAYMENTS OF PRINCIPAL.
INTEREST SHALL BE CALCULATED ON A 365-DAY BASIS AND ACTUAL DAYS ELAPSED,
AND IN ACCORDANCE WITH THE PROVISIONS OF PARAGRAPH OF THE AFORESAID
INTERIM CREDIT AGREEMENT OF __________
(B) IF ON ANY INSTALLMENT REPAYMENT DATE SET FORTH IN THE PRINCIPAL
REPAYMENT SCHEDULE THE BORROWER SHALL NOT HAVE AVAILED ITSELF OF THE
COMMITMENT OF THE LENDER IN AN AGGREGATE AMOUNT (LESS REPAYMENTS
PREVIOUSLY MADE) EQUAL TO THE AGGREGATE INSTALLMENT OF PRINCIPAL WHICH
IS REPAYABLE ON SUCH DATE TO THE LENDER, THE BORROWER SHALL, ON SUCH
INSTALLMENT REPAYMENT DATE, REPAY TO THE LENDE THE FULL AMOUNT (LESS
REPAYMENTS PREVIOUSLY MADE) TO WHICH IT HAS AVAILED ITSELF OF THE
COMMITMENT OF THE LENDER TO SUCH DATE, TOGETHER WITH THE INTEREST
ACCRUED THEREON. IF AT ANY TIME THEREAFTER THE BORROWER SHALL AVAIL
ITSELF OF THE COMMITMENT OF THE LENDER IN AN AMOUNT WHICH WOULD HAVE
BEEN PAYABLE ON A PRIOR INSTALLMENT REPAYMENT DATE BUT FOR THE
PROVISIONS OF THE IMMEDIATELY PRECEDING SENTENCE, SUCH AMOUNT, TOGETHER
WITH THE INTEREST ACCRUED THEREON, SHALL BE REPAYABLE ON THE NEXT
SUCCEEDING INSTALLMENT DATE OF THE PRINCIPAL REPAYMENT SCHEDULE
OCCURRING AFTER THE DISBURSEMENT OF SUCH AMOUNT AND THE SAID AGGREGATE
INSTALLMENT OF PRINCIPAL REPAYABLE UNDER THE PRINCIPAL REPAYMENT
SCHEDULE TO THE LENDER ON THAT DATE SHALL BE INCREASED BY SUCH AMOUNT.
(C) IF BY THE DATE SPECIFIED IN PARAGRAPH 2 ABOVE, THE BORROWER SHALL
NOT HAVE ENTERED INTO AUTHORIZED PURCHASE ARRANGEMENTS IN AN AGGREGATE
AMOUNT EQUAL TO THE ENTIRE AMOUNT OF THE COMMITMENT, THE INSTALLMENTS OF
PRINCIPAL REPAYABLE TO THE LENDER SET FORTH IN THE PRINCIPAL REPAYMENT
SCHEDULE SHALL BE REDUCED IN THE INVERSE ORDER OF THE MATURITY THEREOF
TO THE EXTENT OF THE UNUSED BALANCE OF THE COMMITMENT.
(D) WHENEVER ANY REPAYMENT TO BE MADE BY THE BORROWER SHALL BE DUE ON
A SATURDAY, SUNDAY, OR PUBLIC HOLIDAY UNDER THE LAWS OF THE LENDER, SUCH
REPAYMENT MAY BE MADE ON THE NEXT SUCCEEDING BUSINESS DAY, AND SUCH
EXTENSION OF TIME SHALL IN SUCH CASE BE INCLUDED IN COMPUTING INTEREST
IN CONNECTION WITH SUCH REPAYMENT BUT EXCLUDED FROM THE NEXT INTEREST
PERIOD.
(E) THE BORROWER MAY PREPAY THE CREDIT EXTENDED UNDER THIS AGREEMENT
IN PART OR IN FULL ON ANY INTEREST PAYMENT DATE WITHOUT PENALTY OR
PREMIUM, BUT SUCH PREPAYMENT MUST BE ACCOMPANIED BY PAYMEN OF INTEREST
ON THE AMOUNT PREPAID TO THE DATE OF PREPAYMENT AND MUST BE APPLIED TO
THE SATISFACTION OF INSTALLMENTS OF PRINCIPAL REPAYMENTS IN THE INVERSE
ORDER OF THEIR MATURITIES.
(F) ALL REPAYMENTS BY THE BORROWER ON ACCOUNT OF PRINCIPAL OR
INTEREST SHALL BE IN LAWFUL MONEY OF THE UNITED STATES OF AMERICA AND IN
IMMEDIATELY AVAILABLE FUNDS, FREE AND CLEAR OF, AND WITHOUT DEDUCTION
FOR, ANY AND ALL TAXES, LEVIES, IMPOSTS, DEDUCTIONS AND WITHHOLDINGS
WHATSOEVER IMPOSED, LEVIED, COLLECTED OR ASSESSED WITH RESPECT THERETO
BY ANY CENTRAL OR LOCAL AUTHORITY OF __________.
7.(A) THE NOTES SHALL BE FURTHER EVIDENCE OF THE OBLIGATION OF THE
BORROWER TO REPAY THE LOANS MADE HEREUNDER. EACH NOTE SHALL BE DATED
THE PARTICULAR DISBURSEMENT DATE OF THE LOAN WHICH SUCH NOTE EVIDENCES,
SHALL BE PAYABLE TO THE ORDER OF THE GOVERNMENT OF THE UNITED STATES IN
THE PRINCIPAL AMOUNT OF SUCH DISBURSEMENT, AND SHALL BEAR INTEREST ON
THE UNPAID PRINCIPAL AMOUNT THEREOF AS PROVIDED IN PARAGRAPH OF THE
AFORESAID INTERIM CREDIT AGREEMENT OF __________. EXCEPT A OTHERWISE
PROVIDED FOR IN PARAGRAPH 6.(D), ANY INTEREST BALANCE NOT PAID ON ITS
DUE DATE SHALL ACCRUE INTEREST THEREON AT THE PER ANNUM RATE SET FORTH
IN PARAGRAPH 2 OF THE AFORESAID INTERIM CREDIT AGREEMENT OF __________.
(B) THE NOTES SHALL BE COMPLETED BY THE BORROWER IN SUCH A MANNER
THAT REPAYMENT OF SUCH LOANS SHALL BE MADE IN THE ORDER OF THEIR
DISBURSEMENT, UTILIZING THE PRINCIPAL REPAYMENT SCHEDULE SET FORTH IN
EXHIBIT C (AS THE SAME MAY BE ADJUSTED IN ACCORDANCE WITH PARAGRAPHS
6(B) AND 6(C) HEREOF) AND, IN DETERMINING WHETHER A PARTICULAR LOAN IS
PAYABLE IN ONE OR MORE INSTALLMENTS, UTILIZING A PARTICULAR INSTALLMENT
PAYMENT DATE ONLY AFTER THE FULL UTILIZATION OF THE NEXT PRECEDING
INSTALLMENT DATE.
(C) EACH NOTE SHALL BE SIGNED ON BEHALF OF THE BORROWER BY
__________.
8.(A) THE BORROWER REPRESENTS AND WARRANTS THAT THE MAKING AND
PERFORMANCE OF THIS AGREEMENT HAV BEEN DULY AUTHORIZED IN ACCORDANCE
WITH THE LAWS OF __________ AND SHALL FURNISH TO THE LENDER UPON REQUEST
EVIDENCE, SATISFACTORY TO THE LENDER, OF THE AUTHORITY OF THE PERSON OR
PERSONS WHO HAVE SIGNED THIS AGREEMENT ON BEHALF OF THE BORROWER AND OF
THE PERSON OR PERSONS WHO WILL SIGN THE NOTE PROVIDED FOR HEREIN ON
BEHALF OF THE BORROWER, TOGETHER WITH THE AUTHENTICATED SPECIMEN
SIGNATURE, IN DUPLICATE, OF EACH OF THE LATTER.
(B) THIS AGREEMENT SHALL INURE TO THE BENEFIT OF THE HOLDERS OF THE
NOTES, THEIR RESPECTIVE SUCCESSORS AND ASSIGNS. THIS AGREEMENT AND THE
NOTES SHALL BE DEEMED TO BE CONTRACTS UNDER THE LAW OF THE DISTRICT OF
COLUMBIA AND FOR ALL PURPOSES SHALL BE CONSTRUED IN ACCORDANCE WITH SAID
LAW. THE BORROWER AGREES THAT JURISDICTION MAY BE TAKEN BY COURTS IN
THE DISTRICT OF COLUMBIA WITH RESPECT TO MATTERS INVOLVING ANY NOTE,
PROVIDED SUCH NOTE IS HELD BY AN INDIVIDUAL, PARTNERSHIP, CORPORATION,
OR OTHER PRIVATE LEGAL ENTITY.
(C) THE BORROWER SHALL IN ALL CASES PAY WHEN AND AS DUE THE PRINCIPAL
OF AND INTEREST ON ALL NOTES ISSUED HEREUNDER, NOTWITHSTANDING ANY
CLAIMS WHICH THE BORROWER MAY NOW OR HEREAFTER HAVE AGAINST ANY SUPPLIER
OF THE DEFENSE ITEMS, DOD, THE LENDER, OR ANY OTHER PERSONS OR ENTITY IN
CONNECTION WITH ANY OTHER TRANSACTION, FOR ANY REASON WHATSOEVER.
9. UPON THE OCCURRENCE OF ANY OF THE FOLLOWING EVENTS OF DEFAULT:
(1) IF THE BORROWER FAILS FOR A PERIOD OF TEN (10) DAYS TO MAKE ANY
PAYMENT OF PRINCIPAL OF, OR INTEREST ON, ANY NOTE WHEN DUE; OR
(2) IF ANY REPRESENTATION OR WARRANTY MADE BY THE BORROWER HEREIN OR
ANY CERTIFICATE FURNISHED B THE BORROWER PURSUANT HERETO PROVES TO BE AT
ANY TIME INCORRECT IN ANY MATERIEL RESPECT; OR
(3) IF THE BORROWER DEFAULTS IN THE PERFORMANCE OF ANY OTHER TERM,
COVENANT OR UNDERTAKING CONTAINED IN THIS CREDIT AGREEMENT, AND SUCH
DEFAULT SHALL CONTINUE UNREMEDIED FOR 30 DAYS AFTER WRITTEN NOTIFICATION
THEREOF SHALL HAVE BEEN GIVEN TO THE BORROWER BY THE LENDER;
THEN, AND IN ANY SUCH EVENT, THE HOLDER OF ANY NOTE MAY DECLARE
IMMEDIATELY DUE AND PAYABLE THE UNPAID PRINCIPAL OF, AND ACCRUED
INTEREST ON, ANY OR ALL NOTES HELD BY SUCH HOLDER AND SUCH AMOUNTS SHALL
BECOME IMMEDIATELY DUE AND PAYABLE WITHOUT PROTEST, PRESENTMENT, NOTICE
OR OTHER DEMAND OF AN KIND, ALL OF WHICH ARE HEREBY EXPRESSLY WAIVED BY
THE BORROWER, AND THE LENDER MAY TERMINATE ITS COMMITMENT HEREUNDER.
10. ALL COMMUNICATIONS AND OTHER DOCUMENTS REQUIRED OR PERMITTED
HEREUNDER, UNLESS SUBMITTED IN THE ENGLISH LANGUAGE, SHALL BE
ACCOMPANIED BY ONE ENGLISH TRANSLATION FOR EACH COPY OF SUCH DOCUMENTS
TO BE FURNISHED AND, IN THE EVENT OF CONFLICT, THE ENGLISH VERSION SHALL
GOVERN. EXCEPT AS OTHERWISE PROVIDED HEREIN, ALL NOTICES, REQUESTS OR
DEMANDS HEREUNDER SHALL BE DEEMED TO HAVE BEEN GIVEN OR MADE UPON THE
MAILING OF THE SAME, POSTAGE PREPAID, OR IN THE CASE OF TELEGRAPHIC
NOTICE, ON DELIVERY TO THE TELEGRAPHIC COMPANY, ADDRESSED IN THE CASE OF
THE BORROWER, TO __________, AND IN THE CASE OF THE LENDER TO THE
DIRECTOR, DEFENSE SECURITY ASSISTANCE AGENCY, THE PENTAGON, WASHINGTON,
D.C. 20301.
11. THIS AGREEMENT MAY BE EXECUTED IN ANY NUMBER OF COUNTERPARTS AND
BY THE PARTIES HERETO ON SEPARATE COUNTERPARTS, EACH OF WHICH SHALL BE
DEEMED AN ORIGINAL BUT ALL SUCH COUNTERPARTS TO CONSTITUTE ONE AND THE
SAME INSTRUMENT.
12. EXHIBITS A THROUGH C ATTACHED HERETO ARE, BY THIS REFERENCE,
MADE A PART OF THIS AGREEMENT.
IN WITNESS WHEREOF, THE PARTIES HERETO HAVE DULY EXECUTED THIS
AGREEMENT THIS ____ DAY OF __________ 19__.
GOVERNMENT OF
BY (NAME TYPED)
(TITLE)
GOVERNMENT OF THE UNITED STATES OF AMERICA
BY (NAME TYPED)
(TITLE)
EXHIBIT A
PAYMENT PROCEDURES
THE FOLLOWING PROCEDURES AND CONDITIONS SHALL BE ADHERED TO PRIOR TO
EACH DISBURSEMENT TO BE MADE BY THE GOVERNMENT OF THE UNITED STATES FOR
THE ACCOUNT OF THE GOVERNMENT OF __________.
1. THE SUPPLIER SHALL PREPARE AND SUBMIT TO THE DESIGNATED
REPRESENTATIVES OF THE GOVERNMENT OF __________ IN WASHINGTON, D.C.
INVOICES ON U.S. STANDARD FORM 1034 IN SUFFICIENT NUMBER OF COPIES T
PERMIT THE FORWARDING OF FOUR COPIES TO THE DISBURSING OFFICER
DESIGNATED IN PARAGRAPH 5 BELOW.
2. THE SUPPLIER SHALL INSURE THAT EACH INVOICE IS IN ACCORDANCE WITH
RELEVANT PROVISIONS OF ITS PURCHASE ARRANGEMENT WITH THE GOVERNMENT OF
__________.
3. THE SUPPLIER SHALL ATTACH TO EACH INVOICE A STATEMENT THAT
AUTHORIZED REPRESENTATIVES OF THE GOVERNMENT OF THE UNITED STATES SHALL,
UNTIL THE EXPIRATION OF THREE YEARS AFTER FINAL PAYMENT HEREUNDER, HAVE
ACCESS TO AND THE RIGHT TO EXAMINE ANY DIRECTLY RELATED PERTINENT BOOKS,
DOCUMENTS, PAPERS AND RECORDS OF THE SUPPLIER INVOLVING TRANSACTIONS
RELATING TO THE AFORESAID PURCHASE ARRANGEMENT.
4. TO THE EXTENT THAT ANY INVOICE REQUESTS PAYMENT OF ADVANCES, AS
DISTINGUISHED FROM PAYMENT FO DELIVERY OF DEFENSE ITEMS OR REIMBURSEMENT
IN THE FORM OF PROGRESS PAYMENTS FOR WORK OR SERVICES PERFORMED, THE
SUPPLIER SHALL ATTACH TO THE INVOICE A STATEMENT SETTING FORTH THE
UNDERTAKING OF TH SUPPLIER THAT THE FULL AMOUNT OF THE ADVANCE WILL BE
MAINTAINED BY THE SUPPLIER IN A SEGREGATED ACCOUNT WHICH WILL BE APPLIED
SOLELY TO THE PERFORMANCE OF THE SUPPLIER'S OBLIGATIONS UNDER THE
PURCHASE ARRANGEMENT.
5. THE DESIGNATED REPRESENTATIVE OF THE GOVERNMENT OF __________ IN
WASHINGTON, D.C. SHALL FORWARD SUCH INVOICES TO THE COMPTROLLER, DEFENSE
SECURITY ASSISTANCE AGENCY, THE PENTAGON, WASHINGTON, D.C. 20301.
6. EACH INVOICE SHALL BE ACCOMPANIED BY A CERTIFICATION OF THE
GOVERNMENT OF __________ AS FOLLOWS:
"THE GOVERNMENT OF __________ CONFIRMS (THAT THE DEFENSE ITEMS SET
FORTH HEREIN HAVE BEEN SATISFACTORILY RECEIVED BY OR FOR THE GOVERNMENT
OF __________) (THAT THE WORK OR SERVICES FOR WHIC PROGRESS PAYMENTS ARE
REQUESTED HAVE BEEN SATISFACTORILY RENDERED) (THAT PAYMENT IS OTHERWISE
DUE) UNDER ITS PURCHASE ARRANGEMENT OF (DATE) FOR THE PURCHASE OF
DEFENSE ITEMS FROM SUPPLIER, AND CERTIFIES THAT THE BILL IS CORRECT AND
JUST AND THAT PAYMENT THEREFOR HAS NOT BEEN MADE. PAYMENT OF THIS
INVOICE IS REQUESTED BY THE MINISTRY OF DEFENSE OF THE GOVERNMENT OF
__________ PURSUANT TO THE TERMS OF THE CREDIT AGREEMENT OF (DATE)
BETWEEN THE __________ OF THE GOVERNMENT OF __________ AND THE
GOVERNMENT OF THE UNITED STATES OF AMERICA. THE GOVERNMENT OF
__________ CONFIRMS THAT SAID PURCHASE ARRANGEMENT IS ONE OF THE
PURCHASE ARRANGEMENTS AUTHORIZED B THE DEPARTMENT OF DEFENSE OF THE
UNITED STATES OF AMERICA PURSUANT TO THE AFORESAID CREDIT AGREEMEN OF
(DATE) AND FURTHER CONFIRMS THAT THE CUMULATIVE TOTAL OF THIS INVOICE
AND INVOICES PREVIOUSLY PAID BY THE GOVERNMENT OF THE UNITED STATES
AGAINST SAID PURCHASE ARRANGEMENT DOES NOT EXCEED THE AGGREGATE CREDIT
CEILING ESTABLISHED BY THE GOVERNMENT OF THE UNITED STATES FOR THE SAID
PURCHASE ARRANGEMENT.
GOVERNMENT OF
BY (NAME TYPED)
(TITLE)
EXHIBIT B
PROMISSORY NOTE
FN#
DATE
U.S. __________, WASHINGTON, DC
FOR VALUE RECEIVED, THE UNDERSIGNED, THE GOVERNMENT OF __________
(HEREIN CALLED __________), HEREBY PROMISES TO PAY TO THE ORDER OF THE
GOVERNMENT OF THE UNITED STATES OF AMERICA (HEREIN CALLE "UNITED
STATES") THE PRINCIPAL SUM OF U.S. __________ AS FOLLOWS:
TOGETHER WITH INTEREST ON ANY AND ALL AMOUNTS REMAINING UNPAID
HEREUNDER FROM TIME TO TIME FROM THE DATE HEREOF UNTIL MATURITY, PAYABLE
SEMIANNUALLY ON __________ OF EACH YEAR FROM DATE HEREOF AT THE RATE OF
__________ PER ANNUM USING A 365 DAY FACTOR, BOTH PRINCIPAL AND INTEREST
TO BE PAYABLE IN LAWFUL MONEY OF THE UNITED STATES OF AMERICA AT THE
OFFICE OF THE COMPTROLLER, DEFENSE SECURITY ASSISTANCE AGENCY,
WASHINGTON, D.C., 20301. ALL PAYMENTS MADE ON ACCOUNT OF THE PRINCIPAL
AMOUNT REMAINING UNPAID HEREUNDER SHALL BE ENDORSED BY THE HOLDER ON THE
REVERSE SIDE OF THIS NOTE.
WHENEVER ANY PAYMENT TO BE MADE SHALL BE DUE ON A SATURDAY, SUNDAY,
OR A PUBLIC HOLIDAY UNDER THE LAWS OF THE GOVERNMENT OF THE UNITED
STATES, SUCH PAYMENT MAY BE MADE ON THE NEXT SUCCEEDING BUSINESS DAY,
AND SUCH EXTENSION OF TIME SHALL IN SUCH CASE BE INCLUDED IN COMPUTING
INTEREST IN CONNECTION WITH SUCH PAYMENT BUT EXCLUDED FROM THE NEXT
INTEREST PERIOD.
THIS NOTE MAY BE PREPAID ON ANY INTEREST PAYMENT DATE. PREPAYMENTS
SHALL BE APPLIED TO THE INSTALLMENTS HEREOF IN THE REVERSE ORDER OF
THEIR MATURITY. ALL PAYMENTS OF PRINCIPAL AND INTEREST ON THIS NOTE ARE
PAYABLE IN LAWFUL MONEY OF THE UNITED STATES OF AMERICA AND IN
IMMEDIATELY AVAILABLE FUNDS, FREE AND CLEAR OF, AND WITHOUT DEDUCTION
FOR ANY TAXES, LEVIES, IMPOSTS, DEDUCTIONS, AND WITHHOLDINGS WHATSOEVER
NOW OR HEREAFTER IMPOSED, LEVIED, COLLECTED OR ASSESSED WIT RESPECT
THERETO BY ANY CENTRAL OR LOCAL AUTHORITY OF __________ AND SHALL BE
PAID FREE FROM ALL RESTRICTIONS OF ANY CENTRAL OR LOCAL AUTHORITY OF
__________ AGREES TO PAY ALL OUT-OF-POCKET COSTS AND EXPENSES IN
CONNECTION WITH COLLECTION AFTER DEFAULT OF THIS NOTE (INCLUDING THE
REASONABLE FEE AND OUT-OF-POCKET EXPENSES OF COUNSEL) AS WELL AS ALL
STAMP AND OTHER TAXES OF EVERY CHARACTER, IF ANY, NOW OR HEREAFTER IN
EFFECT, NOT INCLUDING TAXES IMPOSED ON THE INCOME OF THE HOLDER OF THE
NOT BY THE GOVERNMENT OF THE UNITED STATES, AND NOT INCLUDING STATE
FRANCHISE TAXES IMPOSED ON THE HOLDER OF THE NOTE, AND TO SAVE THE
HOLDER OF THE NOTE HARMLESS FROM ANY AND ALL LIABILITIES WITH RESPECT TO
OR RESULTING FROM ANY DELAY OR OMISSION TO PAY SUCH TAXES.
BY __________
EXHIBIT C
PRINCIPAL REPAYMENT SCHEDULE*
THE FIRST $__________ OF DISBURSEMENTS ARE REPAYABLE ON __________
THE NEXT $__________ OF DISBURSEMENTS ARE REPAYABLE ON __________
THE NEXT $__________ OF DISBURSEMENTS ARE REPAYABLE ON __________
THE NEXT $__________ OF DISBURSEMENTS ARE REPAYABLE ON __________
THE NEXT $__________ OF DISBURSEMENTS ARE REPAYABLE ON __________
THE NEXT $__________ OF DISBURSEMENTS ARE REPAYABLE ON __________
THE NEXT $__________ OF DISBURSEMENTS ARE REPAYABLE ON __________
THE LAST $__________ OF DISBURSEMENTS ARE REPAYABLE ON __________
*THE AMOUNTS AND DATES OF PRINCIPAL INSTALLMENT REPAYMENTS ARE
SUBJECT TO THE PROVISIONS OF THE INTERIM CREDIT AGREEMENT OF __________
BETWEEN THE BORROWER AND THE LENDER.
ANNEX B
MODEL LOAN AGREEMENT
LOAN AGREEMENT MADE AND ENTERED INTO THE __________ DAY OF
__________, 19__, BETWEEN THE GOVERNMENT OF __________ (HEREINAFTER
SOMETIMES REFERRED TO AS THE "BORROWER") AND __________, (HEREINAFTER
SOMETIMES REFERRED TO AS THE "UNDERSIGNED").
WHEREAS BY PUBLIC NOTICE (WHICH NOTICE IS INCORPORATED IN THIS
AGREEMENT AS IF FULLY SET FORTH HEREIN) THE SECRETARY OF THE TREASURY
HAS INVITED BIDS ON A LOAN IN THE AMOUNT OF $__________ TO TH BORROWER
AT THE LOWEST BASIS COST OF MONEY;
WHEREAS THE UNDERSIGNED HAS SUBMITTED A BID FOR THE HEREINAFTER MORE
FULLY DESCRIBED LOAN AT AN ANNUAL RATE OF _____ PERCENT PER ANNUM,
PAYABLE SEMIANNUALLY;
NOW, THEREFORE, IN CONSIDERATION OF THE PREMISES AND OF THE MUTUAL
COVENANTS HEREINAFTER SET FORTH, THE PARTIES HERETO AGREE AS FOLLOWS:
SECTION 1. COMMITMENT.
1.1 SUBJECT TO THE TERMS AND CONDITIONS OF THIS LOAN AGREEMENT THE
UNDERSIGNED AGREES TO MAKE LOANS TO THE BORROWER AT ANY TIME AND FROM
TIME TO TIME FORM THE DATE OF THIS LOAN AGREEMENT TO AND INCLUDING
__________ (OR SUCH EARLIER DATE AS THE ENTIRE LOAN OFFERED HEREIN BY
THE UNDERSIGNED SHALL HAVE BEEN AVAILED OF), IN AN AGGREGATE PRINCIPAL
AMOUNT UP TO THE AMOUNT OF __________ U.S. DOLLARS (U.S. $__________).
1.2 EACH BORROWING HEREUNDER SHALL BE MADE ON SUCH DATE (HEREINAFTER
REFERRED TO AS A "DISBURSEMENT DATE") AS MAY BE DESIGNATED BY THE
BORROWER UPON THREE (3) DAYS' CONCURRENT WRITTEN NOTICE FROM THE
BORROWER TO THE UNDERSIGNED. THE INITIAL BORROWING HEREUNDER SHALL BE
MADE PRIOR T __________, 19__. EXCEPT FOR THE LAST BORROWING, EACH SUCH
NOTICE SHALL REQUEST A BORROWING AGGREGATING AT LEAST __________ (U.S.
$__________). EACH NOTICE REQUESTING DISBURSEMENT (A) SHALL SPECIFY THE
AMOUNT OF THE LOAN TO BE MADE BY THE UNDERSIGNED ON THE DISBURSEMENT
DATE; (B) SHALL BE DELIVERED TO THE UNDERSIGNED AT ITS ADDRESS SET
FORTH IN SECTION 7.3 HEREOF; (C) SHALL SPECIFY THE ACCOUNT OF THE
BORROWER AT SUCH BANK TO WHICH THE PROCEEDS OF EACH LOAN ARE TO BE
CREDITED; AND (D) SHALL HAVE ANNEXED THERETO THE DOCUMENTATION SET
FORTH IN EXHIBIT A (DISBURSEMENT PROCEDURES) ANNEXED HERETO.
1.3 THE BORROWER HEREBY AGREES TO PAY TO THE UNDERSIGNED A COMMITMENT
FEE COMPUTED AT THE RATE O ONE-QUARTER OF ONE PERCENT (1/4%) PER ANNUM
ON THE DAILY AVERAGE UNUSED AMOUNT OF THE COMMITMENT FROM __________ TO
AND INCLUDING __________ (OR SUCH EARLIER DATE AS THE ENTIRE COMMITMENT
OF THE UNDERSIGNED SHALL HAVE BEEN AVAILED OF). SUCH COMMITMENT FEE
SHALL BE CALCULATED ON A 365-DAY BASI AND ACTUAL DAYS ELAPSED.
1.4 THE UNDERSIGNED MAY SELL PARTICIPATIONS IN THE LOAN TO LEGAL
ENTITIES DOING BUSINESS IN THE UNITED STATES.
1.5 AT THE TIME AT WHICH THE BORROWER SHALL SEND THE NOTICES REQUIRED
BY SECTION 1.2 ABOVE TO TH UNDERSIGNED IT SHALL DELIVER THERETO A
PROMISSORY NOTE (WHICH SHALL BE SUBSTANTIALLY IN THE FORM OF EXHIBIT B
ANNEXED HERETO (WITH THE BLANKS APPROPRIATELY FILLED IN)) EVIDENCING THE
OBLIGATION OF TH BORROWER TO REPAY THE AMOUNT OF THE LOAN FROM THE
UNDERSIGNED WITH INTEREST THEREON AS HEREINAFTER SET FORTH. UPON
REQUEST BY THE UNDERSIGNED AT ANY TIME, THE BORROWER SHALL DELIVER TO
THE UNDERSIGNED, IN PLACE OF ANY SUCH PROMISSORY NOTE, TWO OR MORE
SEPARATE PROMISSORY NOTES IN SUCH AMOUNTS, AGGREGATING NOT MORE THAN THE
AMOUNT OF THE NOTE SUCH NOTES SHALL REPLACE, AS SHALL BE SPECIFIED BY
THE UNDERSIGNED. THE PROMISSORY NOTES HEREINABOVE REFERRED TO ARE
HEREINAFTER REFERRE TO AS THE "NOTES" AND INDIVIDUALLY AS A "NOTE".
SECTION 2. REPAYMENT.
2.1 THE BORROWER HEREBY AGREES:
(A) TO PAY INTEREST ON THE OUTSTANDING BALANCE OF THE PRINCIPAL OF
THE LOANS MADE UNDER THIS LOA AGREEMENT ON A FIXED SEMIANNUAL BASIS,
SUCH INTEREST PAYMENTS TO BEGIN __________, 19__, AND THEREAFTER ON
__________, 19__, AND EACH __________ AND __________ FOLLOWING, UNTIL
THE ENTIRE PRINCIPAL OF THE LOANS SHALL HAVE BEEN REPAID; AND
(B) TO REPAY THE PRINCIPAL OF THE LOANS MADE UNDER THIS LOAN
AGREEMENT IN ACCORDANCE WITH THE PRINCIPAL REPAYMENT SCHEDULE SET FORTH
IN EXHIBIT C ANNEXED HERETO.
(I) IF ON ANY INSTALLMENT REPAYMENT DATE SET FORTH IN THE PRINCIPAL
REPAYMENT SCHEDULE THE BORROWER SHALL NOT HAVE AVAILED ITSELF OF THE
COMMITMENT OF THE UNDERSIGNED IN AN AGGREGATE AMOUNT (LESS REPAYMENTS
PREVIOUSLY MADE) EQUAL TO THE AGGREGATE INSTALLMENT OF PRINCIPAL WHICH
IS REPAYABL ON SUCH DATE TO THE UNDERSIGNED, THE BORROWER SHALL, ON SUCH
INSTALLMENT REPAYMENT DATE, REPAY TO THE UNDERSIGNED THE FULL AMOUNT
(LESS REPAYMENTS PREVIOUSLY MADE) TO WHICH IT HAS AVAILED ITSELF OF THE
COMMITMENT OF THE UNDERSIGNED TO SUCH DATE, TOGETHER WITH THE INTEREST
ACCRUED THEREON. IF AT ANY TIME THEREAFTER THE BORROWER SHALL AVAIL
ITSELF OF THE COMMITMENT OF THE UNDERSIGNED IN AN AMOUNT WHICH WOULD
HAVE BEEN PAYABLE ON A PRIOR INSTALLMENT REPAYMENT DATE BUT FOR THE
PROVISIONS O THE IMMEDIATELY PRECEDING SENTENCE, SUCH AMOUNT, TOGETHER
WITH INTEREST ACCRUED THEREON, SHALL BE REPAYABLE ON THE NEXT SUCCEEDING
INSTALLMENT DATE OF THE PRINCIPAL REPAYMENT SCHEDULE OCCURRING AFTER THE
DISBURSEMENT OF SUCH AMOUNT AND THE SAID AGGREGATE INSTALLMENT OF
PRINCIPAL REPAYABLE UNDER THE PRINCIPAL REPAYMENT SCHEDULE TO THE
UNDERSIGNED ON THAT DATE SHALL BE INCREASED BY SUCH AMOUNT.
(II) IF BY THE DATE SPECIFIED IN PARAGRAPH 1.1 ABOVE, THE BORROWER
SHALL NOT HAVE AVAILED ITSELF OF THE ENTIRE AMOUNT OF THE COMMITMENT,
THE INSTALLMENTS OF PRINCIPAL REPAYABLE TO THE UNDERSIGNED SET FORTH IN
THE PRINCIPAL REPAYMENT SCHEDULE SHALL BE REDUCED IN THE INVERSE ORDER
OF THE MATURITY THEREOF TO THE EXTENT OF THE UNUSED BALANCE OF THE
COMMITMENT.
2.2 THE UNDERSIGNED MAY SELL OR ASSIGN, AT ANY TIME, IN WHOLE OR IN
PART, ANY ONE OR MORE OF THE NOTES AND/OR ITS RIGHTS TO RECEIVE
REPAYMENTS.
2.3 EACH NOTE SHALL BE DATED THE DISBURSEMENT DATE OF THE LOAN WHICH
SUCH NOTE EVIDENCES AND SHALL BEAR INTEREST AT A RATE OF __________
PERCENT (_____%) PER ANNUM ON THE UNPAID PRINCIPAL AMOUNT OF SUCH NOTE
UNTIL SUCH AMOUNT SHALL BE PAID IN FULL. SUCH INTEREST ON EACH NOTE
SHALL BE PAYABLE WITH THE PRINCIPAL AS PROVIDED IN 2.1. THE NOTES SHALL
BE COMPLETED BY THE BORROWER IN SUC A MANNER THAT REPAYMENT OF SUCH
LOANS SHALL BE MADE IN THE ORDER OF THEIR DISBURSEMENT, UTILIZING THE
PRINCIPAL REPAYMENT SCHEDULE SET FORTH IN EXHIBIT C (AS THE SAME MAY BE
ADJUSTED IN ACCORDANCE WITH SECTIONS 2.1(B)(I) AND 2.1(B)(II) HEREOF),
AND, IN DETERMINING WHETHER A PARTICULAR LOAN IS PAYABLE IN ONE OR MORE
INSTALLMENTS, UTILIZING A PARTICULAR INSTALLMENT PAYMENT DATE ONLY AFTER
THE FULL UTILIZATION OF THE NEXT PRECEDING INSTALLMENT DATE.
2.4 THE BORROWER MAY, WITH THE PRIOR WRITTEN CONSENT OF THE
UNDERSIGNED, WHICH CONSENT WILL NOT BE UNREASONABLY WITHHELD, PREPAY ANY
OF THE NOTES HELD BY THE UNDERSIGNED, IN WHOLE OR IN PART, ON ANY
REPAYMENT DATE, WITH ACCRUED INTEREST TO THE DATE OF SUCH PREPAYMENT ON
THE AMOUNT PREPAID.
2.5 WHENEVER ANY PAYMENTS HEREUNDER OR UNDER ANY NOTE SHALL BE DUE ON
A SATURDAY, SUNDAY OR PUBLIC HOLIDAY UNDER THE LAWS OF THE DISTRICT OF
COLUMBIA, SUCH PAYMENT MAY BE MADE ON THE NEXT SUCCEEDING BUSINESS DAY,
AND SUCH EXTENSION OF TIME SHALL, IN SUCH CASE, BE INCLUDED IN COMPUTING
INTEREST IN CONNECTION WITH SUCH PAYMENT, BUT EXCLUDED FROM THE NEXT
INTEREST PERIOD.
2.6 ALL PAYMENTS BY THE BORROWER TO THE UNDERSIGNED UNDER THIS LOAN
AGREEMENT AND ON THE NOTES, INCLUDING WITHOUT LIMITATION PAYMENTS OF
PRINCIPAL OF, AND INTEREST ON, THE NOTES AND PAYMENT OF AN COMMITMENT
FEES OR OTHER FEES OR EXPENSES HEREUNDER, SHALL BE PAYABLE TO THE
UNDERSIGNED AT THE ADDRESS SET FORTH IN SECTION 7.3 HEREOF IN U.S.
DOLLARS AND IN IMMEDIATELY AVAILABLE FUNDS.
SECTION 3. REPRESENTATIONS AND WARRANTIES.
THE UNDERSIGNED HAS ENTERED INTO THIS LOAN AGREEMENT AND WILL MAKE
THE LOANS PROVIDED FOR HEREIN ON THE BASIS OF THE FOLLOWING
REPRESENTATIONS AND WARRANTIES OF THE BORROWER:
3.1 THE BORROWER HAS FULL POWER, AUTHORITY AND LEGAL RIGHT TO INCUR
THE INDEBTEDNESS CONTEMPLATE IN THIS LOAN AGREEMENT ON THE TERMS AND
CONDITIONS CONTAINED HEREIN, AND TO EXECUTE, DELIVER AND PERFORM THIS
LOAN AGREEMENT AND THE NOTES;
3.2 THE EXECUTION, DELIVERY AND PERFORMANCE OF THIS LOAN AGREEMENT
AND THE NOTES WILL NOT VIOLAT ANY PROVISIONS OF, AND HAVE BEEN DULY AND
VALIDLY AUTHORIZED UNDER, THE LAWS OF THE BORROWER, AND ALL ACTIONS
NECESSARY TO AUTHORIZE THE BORROWINGS HEREUNDER AND THE EXECUTION,
DELIVERY AND PERFORMANCE OF THIS LOAN AGREEMENT AND THE NOTES HAVE BEEN
DULY TAKEN; AND
3.3 THIS LOAN AGREEMENT HAS BEEN, AND EACH OF THE NOTES WHEN ISSUED
WILL BE, DULY EXECUTED AND DELIVERED BY PERSONS THEREUNTO DULY
AUTHORIZED, AND THIS LOAN AGREEMENT CONSTITUTES, AND EACH OF TH NOTES
WHEN ISSUED WILL CONSTITUTE, THE VALID, LEGALLY BINDING, DIRECT AND
UNCONDITIONAL GENERAL OBLIGATION OF THE BORROWER, ENFORCEABLE IN
ACCORDANCE WITH ITS RESPECTIVE TERMS.
SECTION 4. CONDITIONS OF LENDING.
4.1 THE OBLIGATION OF THE UNDERSIGNED TO MAKE THE INITIAL LOAN TO BE
MADE BY IT HEREUNDER IS SUBJECT TO THE CONDITION PRECEDENT THAT, PRIOR
TO THE FIRST DISBURSEMENT DATE, IT SHALL HAVE RECEIVED AN OPINION IN THE
ENGLISH LANGUAGE OF THE ATTORNEY GENERAL OF THE GOVERNMENT OF __________
DATED THE DATE OF THE INITIAL DISBURSEMENT DATE, TO THE SAME EFFECT AS
SECTIONS 3.1, 3.2, AND 3.3 HEREOF, AND TO THE FURTHER EFFECT THAT
SPECIFIED OFFICIALS OF THE BORROWER IDENTIFIED BY NAME AND TITLE IN SUCH
OPINION ARE DULY AUTHORIZED TO EXECUTE AND DELIVER THIS LOAN AGREEMENT,
THE NOTES AND SUCH OTHER DOCUMENTS AS MAY BE REQUIRED HEREUNDER ON
BEHALF OF THE BORROWER, TO ESTABLISH AND DRAW UPON AN ACCOUNT OF THE
BORROWER AT THE BANK TO WHICH ACCOUNT THE UNDERSIGNED SHALL DISBURSE THE
PROCEEDS OF ALL BORROWINGS HEREUNDER, AND TO CERTIFY TO SUCH BANK ON
BEHALF OF THE BORROWER THE IDENTITY, NAMES AND TITLES OF ANY OTHER OR
ADDITIONAL OFFICIALS OF THE BORROWER WHO THEREAFTER MAY BE SO
AUTHORIZED.
4.2 THE OBLIGATION OF THE UNDERSIGNED TO MAKE THE INITIAL LOAN TO BE
MADE BY IT HEREUNDER IS SUBJECT TO THE FURTHER CONDITIONS PRECEDENT
THAT, PRIOR TO THE FIRST DISBURSEMENT, IT SHALL HAVE RECEIVED:
(A) THE GUARANTY OF THE UNITED STATES (THE "GUARANTY"), EXECUTED BY
DOD, GUARANTYING IT AGAINST ALL POLITICAL AND CREDIT RISKS OF NONPAYMENT
OF THE OBLIGATIONS OF THE BORROWER TO THE UNDERSIGNED HEREUNDER
(INCLUDING THE ENTIRE AMOUNT OF THE PRINCIPAL LOANED BY THE UNDERSIGNED
HEREUNDER AND INTEREST THEREON AT THE RATE DETERMINED AS SPECIFIED
HEREIN, BUT EXCLUDING ANY AMOUNTS OWING FOR COMMITMENT FEES OR OTHER
FEES OR EXPENSES), UP TO A MAXIMUM AGGREGATE LIABILITY TO THE
UNDERSIGNED UNDER THE GUARANTY ON THE PART OF THE UNITED STATES OF
$__________ DOLLARS (U.S. $__________), PURSUANT TO THE ACT; AND
(B) AN OPINION OF THE GENERAL COUNSEL OF DOD, TO THE EFFECT THAT (I)
DOD HAS FULL POWER, AUTHORITY AND LEGAL RIGHT TO EXECUTE, DELIVER AND
PERFORM THE GUARANTY, (II) THE GUARANTY HAS BEEN EXECUTED IN ACCORDANCE
WITH AND PURSUANT TO THE TERMS AND PROVISIONS OF THE ACT AND DOD HAS
NOT, IN ISSUING THE GUARANTY, EXCEEDED THE MAXIMUM AMOUNT OF GUARANTIES
AUTHORIZED TO BE ISSUED UNDER THE ACT, (III) THE GUARANTY HAS BEEN DULY
EXECUTED AND DELIVERED BY A DULY AUTHORIZED REPRESENTATIVE OF DOD, AND
(IV) THE GUARANTY CONSTITUTES THE VALID AND LEGALLY BINDING OBLIGATION
OF THE UNITED STATES, ENFORCEABLE IN ACCORDANCE WITH THE TERMS THEREOF
AND BACKED BY THE FULL FAITH AND CREDIT OF THE UNITED STATES.
4.3 THE OBLIGATION OF THE UNDERSIGNED TO MAKE ANY LOAN TO BE MADE BY
IT HEREUNDER, INCLUDING THE INITIAL LOAN, IS SUBJECT TO THE FURTHER
CONDITIONS PRECEDENT THAT:
(A) NO EVENT OF DEFAULT WITHIN THE MEANING OF SECTION 6 OF THIS LOAN
AGREEMENT, AND NO OTHER DEFAULT WITH RESPECT TO ANY OF THE NOTES, SHALL
HAVE OCCURRED;
(B) THE UNDERSIGNED SHALL HAVE RECEIVED A NOTE OR NOTES PAYABLE TO
ITS ORDER (OR TO THE ORDER OF SUCH OTHER PERSON OR PERSONS AS THE
UNDERSIGNED MAY SPECIFY) IN THE AMOUNT OF THE PARTICULAR LOAN, EXECUTED
BY THE DULY AUTHORIZED REPRESENTATIVES OF THE BORROWER;
(C) THE UNDERSIGNED SHALL HAVE RECEIVED THE DOCUMENTATION SPECIFIED
IN EXHIBIT A ANNEXED HERETO, EXECUTED BY THE DULY AUTHORIZED
REPRESENTATIVES OF THE BORROWER; AND
(D) ALL LEGAL MATTERS INCIDENT TO THE GUARANTY AND THE TRANSACTIONS
CONTEMPLATED BY THIS LOAN AGREEMENT SHALL BE SATISFACTORY TO THE COUNSEL
OF THE UNDERSIGNED.
SECTION 5. COVENANTS.
THE BORROWER COVENANTS AND AGREES THAT FROM AND AFTER THE DATE OF
THIS LOAN AGREEMENT AND SO LONG AS ANY AMOUNTS REMAIN UNPAID ON ACCOUNT
OF THE NOTES OR OTHERWISE UNDER THIS LOAN AGREEMENT:
(A) ALL PAYMENTS ON ACCOUNT OF THE PRINCIPAL OF, AND INTEREST ON, THE
NOTES, COMMITMENT FEES AND OTHER FEES AND EXPENSES SHALL BE MADE FREE
AND CLEAR OF, AND WITHOUT DEDUCTION FOR, ANY AND ALL TAXES, LEVIES,
IMPOSTS, DUTIES, FEES, CHARGES, DEDUCTIONS, WITHHOLDINGS, RESTRICTIONS
OR CONDITIONS OF ANY NATURE WHATSOEVER NOW OR HEREAFTER IMPOSED, LEVIED,
COLLECTED OR ASSESSED WITH RESPECT THERETO BY THE BORROWER OF ANY
CENTRAL OR LOCAL AUTHORITY THEREOF OR THEREIN;
(B) ANY CLAIM WHICH IT MAY NOW OR HEREAFTER HAVE AGAINST ANY PERSON,
CORPORATION, FIRM OR ASSOCIATION OR OTHER ENTITY (INCLUDING WITHOUT
LIMITATION, THE UNITED STATES, DOD, ANY BANK, ANY ASSIGNEE OF ANY BANK,
AND ANY SUPPLIER OF THE DEFENSE ITEMS) IN CONNECTION WITH ANY
TRANSACTION, FO ANY REASON WHATSOEVER, SHALL NOT AFFECT THE OBLIGATION
OF THE BORROWER TO MAKE THE PAYMENTS REQUIRE TO BE MADE TO THE
UNDERSIGNED UNDER THIS LOAN AGREEMENT, OR UNDER THE NOTES, AND SHALL NOT
BE USED OR ASSERTED AS A DEFENSE TO THE PAYMENT OF SUCH OBLIGATION OR AS
A SETOFF, COUNTERCLAIM, OR DEDUCTION AGAINST SUCH PAYMENTS;
(C) IT WILL PAY ANY AND ALL STAMP TAXES AND OTHER TAXES OF SIMILAR
CHARACTER, IF ANY, NOW OR HEREAFTER IN EFFECT, IMPOSED WITH RESPECT TO
THIS LOAN AGREEMENT OR THE NOTES (INCLUDING, WITHOUT LIMITATION, ANY
UNITED STATES INTEREST EQUALIZATION TAX OR SIMILAR FUTURE TAX), AND WILL
SAVE THE HOLDER OF ANY NOTE HARMLESS FROM ANY AND ALL LOSSES OR
LIABILITIES WITH RESPECT TO OR RESULTING FRO ANY DELAY OR OMISSION TO
PAY SUCH TAXES.
(D) ANY LEGAL ACTION OR PROCEEDING AGAINST IT BY THE UNDERSIGNED WITH
RESPECT TO THIS LOAN AGREEMENT OR THE NOTES MAY BE BROUGHT IN THE
SUPERIOR COURT OF THE DISTRICT OF COLUMBIA OR IN THE UNITED STATES
DISTRICT COURT FOR THE DISTRICT OF COLUMBIA OR IN THE COURTS OF THE
BORROWER, AS THE UNDERSIGNED MAY ELECT, AND BY EXECUTION AND DELIVERY OF
THIS LOAN AGREEMENT, THE BORROWER SUBMITS T EACH SUCH JURISDICTION. IN
THE CASE OF THE SUPERIOR COURT OF THE DISTRICT OF COLUMBIA OR OF THE
UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA, THE BORROWER
CONSENTS TO THE SERVICE OF PROCESS OUT OF SAID COURTS BY MAILING COPIES
OF SUCH PROCESS BY REGISTERED UNITED STATES MAIL, POSTAGE PAID, TO IT AT
ITS ADDRESS SET FORTH IN SECTION 7.3 HEREOF; AND
(E) ALL LOANS MADE HEREUNDER SHALL BE UTILIZED SOLELY FOR THE
PROCUREMENT OF THE DEFENSE ITEMS PURSUANT TO PURCHASE ARRANGEMENTS
AUTHORIZED BY DOD.
SECTION 6. DEFAULTS.
UPON THE OCCURRENCE OF ANY OF THE FOLLOWING EVENTS OR DEFAULT:
(A) IF THE BORROWER FAILS FOR A PERIOD OF TEN (10) DAYS TO MAKE ANY
PAYMENT OF PRINCIPAL OF, OR INTEREST ON, ANY NOTE OR OF ANY COMMITMENT
FEE HEREUNDER, WHEN DUE; OR
(B) IF ANY REPRESENTATION OR WARRANTY MADE BY THE BORROWER HEREIN OR
IN ANY CERTIFICATE FURNISHE BY THE BORROWER PURSUANT HERETO, PROVES TO
BE AT ANY TIME INCORRECT IN ANY MATERIAL RESPECT; OR
(C) IF THE BORROWER DEFAULTS IN THE PERFORMANCE OF ANY OTHER TERM,
COVENANT OR AGREEMENT CONTAINED IN THIS LOAN AGREEMENT, AND SUCH DEFAULT
SHALL CONTINUE UNREMEDIED FOR THIRTY (30) DAYS AFTER WRITTEN NOTICE
THEREOF SHALL HAVE BEEN GIVEN TO THE BORROWER BY THE UNDERSIGNED;
THEN, AND IN ANY SUCH EVENT, THE HOLDER OF ANY NOTE MAY DECLARE
IMMEDIATELY DUE AND PAYABLE THE UNPAID PRINCIPAL OF, AND ACCRUED
INTEREST ON, ALL NOTES HELD BY SUCH HOLDER AND SUCH AMOUNTS SHALL BECOME
IMMEDIATELY DUE AND PAYABLE WITHOUT PROTEST, PRESENTMENT, NOTICE OR
OTHER DEMAND OF ANY KIND ALL OF WHICH ARE HEREBY EXPRESSLY WAIVED BY THE
BORROWER, AND THE UNDERSIGNED MAY TERMINATE ITS COMMITMENT HEREUNDER.
SECTION 7. MISCELLANEOUS.
7.1 UPON THE EXECUTION OF THIS LOAN AGREEMENT, THE BORROWER SHALL PAY
TO THE UNDERSIGNED THE AGGREGATE SUM OF $__________ IN PAYMENT OF THE
FEE CHARGED BY DOD WITH RESPECT TO THE GUARANTY.
7.2 NO FAILURE TO EXERCISE AND NO DELAY IN EXERCISING ON THE PART OF
THE UNDERSIGNED, ANY RIGHT, POWER OR PRIVILEGE HEREUNDER SHALL OPERATE
AS A WAIVER THEREOF, NOR SHALL ANY SINGLE OR PARTIAL EXERCISE OF ANY
RIGHT, POWER OR PRIVILEGE PRECLUDE ANY OTHER OR FURTHER EXERCISE
THEREOF, OR THE EXERCISE OF ANY OTHER POWER OR RIGHT. THE RIGHTS AND
REMEDIES HEREIN PROVIDED ARE CUMULATIVE AND NOT EXCLUSIVE OF ANY RIGHTS
OR REMEDIES PROVIDED IN THIS LOAN AGREEMENT.
7.3 EXCEPT AS OTHERWISE PROVIDED IN THIS LOAN AGREEMENT, ALL NOTICES,
REQUESTS OR DEMANDS HEREUNDER SHALL BE DEEMED TO HAVE BEEN GIVEN OR MADE
UPON THE MAILING OF THE SAME BY AIR MAIL, POSTAGE PREPAID, OR IN THE
CASE OF TELEGRAPHIC NOTICE, ON DELIVERY TO THE TELEGRAPH COMPANY,
ADDRESSED IN THE CASE OF THE BORROWER TO THE EMBASSY OF THE GOVERNMENT
OF __________, IN WASHINGTON D.C., AND IN THE CASE OF THE UNDERSIGNED TO
__________ OR TO SUCH OTHER ADDRESSES AS ANY PARTY MAY FROM TIME TO TIME
HEREAFTER DESIGNATE IN WRITING TO THE OTHER.
7.4 THIS LOAN AGREEMENT AND THE NOTES SHALL BE CONSTRUED AND
INTERPRETED IN ACCORDANCE WITH THE LAWS OF THE DISTRICT OF COLUMBIA,
UNITED STATES OF AMERICA, UNLESS PRIOR TO THE EXECUTION OF THIS LOAN
AGREEMENT AND THE NOTES THE PARTIES HERETO HAVE BY WRITTEN STIPULATION
AGREED THAT THE LAWS OF ANOTHER JURISDICTION OF THE UNITED STATES SHALL
BE APPLIED.
7.5 THIS LOAN AGREEMENT SHALL BE BINDING UPON AND INURE TO THE
BENEFIT OF THE BORROWER AND THE UNDERSIGNED AND THEIR RESPECTIVE
SUCCESSORS AND ASSIGNS, EXCEPT THAT THE BORROWER MAY NOT ASSIGN IT
RIGHTS HEREUNDER WITHOUT THE PRIOR WRITTEN CONSENT OF THE UNDERSIGNED.
ALL AGREEMENTS, COVENANTS, REPRESENTATIONS AND WARRANTIES MADE HEREIN
SHALL SURVIVE THE DELIVERY OF THE NOTES AND THE MAKING O THE LOANS
HEREUNDER.
7.6 THIS LOAN AGREEMENT MAY BE EXECUTED IN ANY NUMBER OF
COUNTERPARTS, EACH OF WHICH WHEN SO EXECUTED AND DELIVERED SHALL BE AN
ORIGINAL, BUT ALL THE COUNTERPARTS SHALL TOGETHER CONSTITUTE A SINGLE
INSTRUMENT. EXHIBITS A AND B ATTACHED HERETO ARE, BY THIS REFERENCE,
MADE A PART OF THIS LOAN AGREEMENT.
7.7 IN CASE ANY ONE OR MORE OF THE PROVISIONS CONTAINED IN THIS LOAN
AGREEMENT OR IN ANY OF THE NOTES SHOULD BE INVALID, ILLEGAL OR
UNENFORCEABLE IN ANY RESPECT, THE VALIDITY, LEGALITY AND ENFORCEABILITY
OF THE REMAINING PROVISIONS CONTAINED HEREIN AND THEREIN SHALL NOT IN
ANY WAY BE AFFECTED OR IMPAIRED THEREBY.
IN WITNESS WHEREOF, THE PARTIES HERETO HAVE CAUSED THIS LOAN
AGREEMENT TO BE EXECUTED AND SEALED BY THEIR DULY AUTHORIZED OFFICERS
AND REPRESENTATIVES ON THE DAY AND YEAR FIRST ABOVE WRITTEN.
(SEAL)
EXHIBIT A
DISBURSEMENT PROCEDURES
THE FOLLOWING PROCEDURES AND CONDITIONS SHALL BE COMPLIED WITH PRIOR
TO EACH DISBURSEMENT TO BE MADE BY THE UNDERSIGNED TO THE BORROWER:
1. THE DESIGNATED REPRESENTATIVE OF THE GOVERNMENT OF __________
SHALL EXECUTE AND DELIVER EACH REQUEST FOR DISBURSEMENT TO THE
UNDERSIGNED AT ITS ADDRESS SET FORTH IN SECTION 7.3 OF THE FOREGOIN LOAN
AGREEMENT.
2. EACH REQUEST SHALL BE ACCOMPANIED BY A COPY OF THE WRITTEN
COMMUNICATION FROM DOD AUTHORIZING THE BORROWER TO ENTER INTO THE
PURCHASE ARRANGEMENT(S) PURSUANT TO WHICH THE DISBURSEMENT IS REQUESTED.
3. EACH REQUEST ALSO SHALL BE ACCOMPANIED BY A CERTIFICATION OF THE
BORROWER AS FOLLOWS:
THE GOVERNMENT OF __________ CONFIRMS THAT THE PROCEEDS OF THIS
DISBURSEMENT WILL BE APPLIED ENTIRELY TO THE PAYMENT OF AMOUNTS THAT
HAVE BECOME PROPERLY DUE PURSUANT TO THE PURCHASE ARRANGEMENT(S)
AUTHORIZED BY THE DEPARTMENT OF DEFENSE OF THE UNITED STATES OF AMERICA
IN THE ATTACHED WRITTEN COMMUNICATION. THIS DISBURSEMENT IS REQUESTED
BY THE GOVERNMENT OF __________ PURSUANT TO THE TERMS OF THE LOAN
AGREEMENT OF __________ BETWEEN THE GOVERNMENT OF __________ AND THE
UNDERSIGNED, AND CONFIRMS THAT THE SAID PURCHASE ARRANGEMENT(S)
(WAS/WERE) AUTHORIZED BY THE DEPARTMENT OF DEFENSE OF THE UNITED STATES
OF AMERICA PURSUANT TO THE AFORESAID LOAN AGREEMENT. TH GOVERNMENT OF
__________ FURTHER CONFIRMS THAT THE UNDERSIGNED TO WHICH THIS
CERTIFICATION IS ADDRESSED IS AUTHORIZED TO MAKE THIS DISBURSEMENT BY
CREDITING THE AMOUNT THEREOF TO ACCOUNT NUMBER __________, AT SUCH BANK,
AND THAT __________, WHOSE SIGNATURE APPEARS BELOW, IS (AND, UNTIL
FURTHE WRITTEN NOTICE, SHALL CONTINUE TO BE) AUTHORIZED TO DRAW UPON
SUCH ACCOUNT ON BEHALF OF THE GOVERNMENT OF __________.
SIGNATURE OF THE REPRESENTATIVE OF THE GOVERNMENT OF __________ WHO
IS AUTHORIZED TO DRAW UPON IT ACCOUNT: __________
GOVERNMENT OF __________
BY (NAME AND TITLE TYPED)
EXHIBIT B
PROMISSORY NOTE
NEW YORK, N.Y. (DATE)
U.S. $__________
FOR VALUE RECEIVED, THE UNDERSIGNED, THE GOVERNMENT OF __________,
HEREBY PROMISES TO PAY TO THE ORDER OF __________, OR ITS ASSIGNS, THE
PRINCIPAL SUM OF __________ UNITED STATES DOLLARS (U.S. $__________) AS
FOLLOWS:
TOGETHER WITH INTEREST ON ANY AND ALL AMOUNTS REMAINING UNPAID
HEREUNDER FROM TIME TO TIME FROM THE DATE HEREOF UNTIL THIS NOTE SHALL
BE PAID IN FULL, PAYABLE SEMIANNUALLY ON __________ AND __________ OF
EACH YEAR FROM THE DATE HEREOF, COMMENCING __________ 197__, AT THE RATE
OF _________ PERCENT (_____%), PER ANNUM. SUCH INTEREST SHALL BE
CALCULATED USING A 365-DAY FACTOR, BOTH PRINCIPAL AND INTEREST TO BE
PAYABLE IN IMMEDIATELY AVAILABLE FUNDS IN LAWFUL MONEY OF THE UNITED
STATES OF AMERICA AT THE OFFICE OF THE PAYEE AT __________, OR AT THE
PRINCIPAL PLACE OF BUSINESS O THE ASSIGNEE. ALL PAYMENTS MADE ON
ACCOUNT OF THE PRINCIPAL AMOUNT HEREUNDER SHALL BE ENDORSED BY THE
PAYEE, OR ITS ASSIGNS, ON THE REVERSE SIDE OF THIS NOTE.
WHENEVER ANY PAYMENT TO BE MADE SHALL BE DUE ON A SATURDAY, SUNDAY,
OR A PUBLIC HOLIDAY UNDER THE LAWS OF THE DISTRICT OF COLUMBIA, SUCH
PAYMENT SHALL BE MADE ON THE NEXT SUCCEEDING BUSINESS DAY, AND SUCH
EXTENSION OF TIME SHALL IN SUCH CASE BE INCLUDED IN COMPUTING INTEREST
IN CONNECTION WITH SUCH PAYMENT, BUT EXCLUDED FROM THE NEXT INTEREST
PERIOD.
THIS NOTE IS ONE OF THE NOTES REFERRED TO IN THE LOAN AGREEMENT DATED
__________, 197__, BETWEEN THE GOVERNMENT OF __________ AND __________.
IT IS ENTITLED TO THE BENEFITS OF AND MAY BE PREPAID ON THE TERMS AND
CONDITIONS SPECIFIED IN SAID LOAN AGREEMENT. PREPAYMENTS SHALL BE
APPLIED TO THE INSTALLMENTS HEREOF IN THE INVERSE ORDER OF THEIR
MATURITY.
ALL PAYMENTS OF PRINCIPAL OF, AND INTEREST ON, THIS NOTE ARE PAYABLE
FREE AND CLEAR OF, AND WITHOUT DEDUCTION FOR, ANY TAXES, LEVIES,
IMPOSTS, DUTIES, FEES, CHARGES, DEDUCTIONS, WITHHOLDINGS, RESTRICTIONS
OR CONDITIONS OF ANY NATURE WHATSOEVER NOW OR HEREAFTER IMPOSED, LEVIED,
COLLECTED OR ASSESSED WITH RESPECT THERETO BY THE GOVERNMENT OF
__________ OR ANY CENTRAL OR LOCAL AUTHORITY THEREOF OR THEREIN.
UPON THE OCCURRENCE OF ANY EVENT OF DEFAULT SPECIFIED IN SAID LOAN
AGREEMENT, THE ENTIRE UNPAID PRINCIPAL HEREOF AND INTEREST HEREON TO THE
DATE OF PAYMENT MAY BE DECLARED TO BE FORTHWITH DUE AND PAYABLE AS
PROVIDED IN SAID LOAN AGREEMENT. THE GOVERNMENT OF __________ PROMISES
TO PAY ALL OUT-OF-POCKET COSTS AND EXPENSES (INCLUDING THE REASONABLE
FEES AND OUT-OF-POCKET EXPENSES OF COUNSEL) IN CONNECTION WITH
COLLECTION AFTER DEFAULT OF THIS NOTE.
GOVERNMENT OF __________
BY (NAME AND TITLE TYPED)
(SEAL)
EXHIBIT C
PRINCIPAL REPAYMENT SCHEDULE
THE FIRST $__________ OF DISBURSEMENTS ARE REPAYABLE ON __________
THE NEXT $__________ OF DISBURSEMENTS ARE REPAYABLE ON __________
THE NEXT $__________ OF DISBURSEMENTS ARE REPAYABLE ON __________
THE NEXT $__________ OF DISBURSEMENTS ARE REPAYABLE ON __________
THE NEXT $__________ OF DISBURSEMENTS ARE REPAYABLE ON __________
THE NEXT $__________ OF DISBURSEMENTS ARE REPAYABLE ON __________
THE NEXT $__________ OF DISBURSEMENTS ARE REPAYABLE ON __________
THE LAST $__________ OF DISBURSEMENTS ARE REPAYABLE ON __________
CHINA, REPUBLIC OF 26 MAR 1974 FLITE DOCUMENT NO. 7502483
AGREEMENT
OPERATIONS LETTER BETWEEN CAF AND USAF AIR TRAFFIC CONTROL AGENCIES.
OPERATIONS LETTER BETWEEN CAF AND USAF AIR TRAFFIC CONTROL AGENCIES
TAINAN TOWER (CAF) OPERATIONS LETTER NO. ____
TAINAN TOWER (USAF) OPERATIONS LETTER NO. 2
TAINAN GCA (CAF) OPERATIONS LETTER NO. ____
TAINAN GCA (USAF) OPERATIONS LETTER NO. 2
SUBJECT: ATC TAPE RECORDINGS
EFFECTIVE DATE: MAR 26 1974 (CANCELS TAINAN TOWER, USAF OPERATIONS
LETTER NO. 6, HANDLING OF AIRCRAFT ACCIDENT/INCIDENT TAPE RECORDINGS,
DATED 31 JULY 1970)
1. THIS OPERATIONS LETTER IS PURSUANT TO PROVISIONS OF ARTICLE 3B OF
THE CHINESE AIR FORCE AND UNITED STATES AIR FORCE JOINT AGREEMENT ON
OPERATION OF AIR TRAFFIC CONTROL FACILITIES AT TAINAN AI BASE, TAIWAN,
DATED 15 DECEMBER 1972.
2. THE FOLLOWING PERSONNEL SHALL HAVE UNLIMITED ACCESS TO ATC TAPE
RECORDINGS FOR THE PURPOSE OF INVESTIGATING AIRCRAFT ACCIDENTS/INCIDENTS
INVOLVING DEPARTMENT OF DEFENSE (DOD) AIRCRAFT:
A. COMMANDER, 2128TH COMMUNICATIONS SQUADRON.
B. ATC OPERATIONS NCO, 2128TH COMMUNICATIONS SQUADRON.
C. PRESIDENT, USAF ACCIDENT INVESTIGATION BOARD.
3. ALL USAF REQUIREMENTS FOR ACCESS TO ATC TAPE RECORDINGS SHALL BE
COORDINATED THROUGH THE FLIGHT FACILITIES OFFICER, 1ST ATC/COMM SQ
(CAF), THE DESIGNATED TAPE CUSTODIAN.
4. THE FLIGHT FACILITIES OFFICER (CAF) SHALL PROVIDE TRANSLATION
ASSISTANCE, AS REQUIRED, FOR TRANSCRIBING TAPE RECORDINGS PERTAINING TO
DOD AIRCRAFT ACCIDENTS/INCIDENTS.
SIGNED
J.T. DAY, LT COL, CAF
COMMANDER, 1ST ATC/COMM SQ
SIGNED
LESLIE G.H. TRIPP, JR., CAPT, USAF
COMMANDER, 2128TH COMM SQ
(DISTRIBUTION TABLE OMITTED)
CHINA, REPUBLIC OF 12 FEB 1974 FLITE DOCUMENT NO. 7502482
LETTER OF AGREEMENT
TO PROVIDE THE DETAILS OF JOINT METEOROLOGICAL OBSERVING AND
FORECASTING SERVICE FOR BOTH THE CHINESE AND THE UNITED STATES AIR FORCE
UNITS OPERATING FROM CHING CHUAN KANG AIR BASE, TAIWAN
FROM: DET 23, 1 WWG (MAC) (USAF) 12 FEBRUARY 1974
SUBJECT: LETTER OF AGREEMENT
TO: 3RD BASE WEATHER CENTER (CAF)
1. GENERAL. THE PURPOSE OF THIS DOCUMENT IS TO PROVIDE THE DETAILS
OF JOINT METEOROLOGICAL OBSERVING AND FORECASTING SERVICE FOR BOTH THE
CHINESE AND THE UNITED STATES AIR FORCE UNITS OPERATING FROM CHING CHUAN
KANG AIR BASE. WRITTEN IN ACCORDANCE WITH ARTICLE 2B OF THE CHINESE AIR
FORCE AND THE UNITED STATES AIR FORCE JOINT AGREEMENT ON OPERATION OF
THE WEATHER SERVICE AT CHING CHUAN KANG AIR BASE, TAIWAN, IT RECOGNIZES
AND ESTABLISHES RULES FOR TAKING AND DISSEMINATING OFFICIAL WEATHER
OBSERVATIONS AND FORECASTS FOR ALL AIR TRAFFIC CONTROL AND OPERATING
AGENCIES AT CHING CHUAN KANG AIR BASE. IN FORMALIZING THESE RULES, THE
3RD BASE WEATHER CENTER (CAF) AND DETACHMENT 23, 1ST WEATHER WING (MAC)
(USAF) RECOGNIZE EACH OTHER'S OBLIGATIONS AND RESPONSIBILITIE IN SUPPORT
OF THEIR RESPECTIVE MILITARY AGENCIES AND HAVE SET FORTH, BELOW,
SPECIFICATIONS FOR THEI MUTUAL FULFILLMENT.
THE 3RD BASE WEATHER CENTER (CAF) AND DETACHMENT 23, 1ST WEATHER WING
(MAC) (USAF) OF CHING CHUAN KANG AIR BASE, TAIWAN, PURSUANT TO THE
STATUS OF FORCES AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF
CHINA AND THE UNITED STATES OF AMERICA, WHICH AGREEMENT CONTROLS AND
LIMITS THE INTERPRETATION OF THE PROVISIONS CONTAINED HEREIN, AS WELL AS
THE INTERPRETATION OF ANY SUBSIDIARY AGREEMENTS MADE HEREUNDER, AND WITH
SPECIFIC AUTHORITY DERIVED FROM PARAGRAPH 5, ARTICLE III OF THE STATUS
OF FORCES AGREEMENTS, AGREE AS FOLLOWS.
2. OBSERVATIONS.
A. OFFICIAL OBSERVATION SITE. THE REPRESENTATIVE WEATHER OBSERVATION
SITE (RWOS), LOCATED 3300 FEET WEST OF THE CONTROL TOWER, IS THE
OFFICIAL SITE FOR TAKING AND RECORDING OBSERVATIONS.
B. OPERATION AND MANNING OF THE RWOS:
(1) THE RWOS SHALL BE OPERATED AND MANNED BY CAF OBSERVERS 24 HOURS
PER DAY. IT WILL BE USAF MANAGED.
(2) USAF OBSERVERS SHALL RETAIN THE RIGHT TO USE THE RWOS TO TAKE
OBSERVATIONS DURING PERIODS OF CRITICAL OPERATIONS OR FOR TRAINING.
C. TAKING AND RECORDING OF OBSERVATIONS:
(1) CRITERIA FOR TAKING OBSERVATIONS WILL INCLUDE THOSE REQUIRED BY
THE USAF FOR VARIOUS FIELD MINIMA. ATTACHMENT 1 SPECIFIES THESE
CRITERIA AND OTHER CONSIDERATIONS.
(2) THE USAF WILL PROVIDE ASSISTANCE IN TRAINING THE CAF OBSERVER IN
USE OF USAF EQUIPMENT AND PROCEDURES. THIS TRAINING WILL BE AS REQUIRED
AND LIMITED BY THE AVAILABILITY OF PERSONNEL.
D. DISSEMINATION OF OBSERVATIONS:
(1) LONG LINE TRANSMISSION OF OBSERVATIONS IS THE RESPONSIBILITY OF
THE 3RD BASE WEATHER CENTER USING CAF CIRCUITS. USAF WEATHER PERSONNEL
MAY TRANSMIT THE OBSERVATION DIRECT TO THE CLARK AUTOMATED DIGITAL
WEATHER SWITCH (ADWS) WHEN REQUIRED.
(2) LOCAL DISSEMINATION OF OBSERVATIONS WILL BE VIA TELAUTOWRITER
FROM THE RWOS. THE PRIMARY BACK-UP SYSTEM SHALL BE THE WEATHER NET
PHONE. WHEN THE BACK-UP SYSTEM IS UTILIZED THE PRIORITY OF
DISSEMINATING THE OBSERVATIONS FROM THE RWOS WILL BE:
(A) RAPCON
(B) CONTROL TOWER
(C) HQ 3RD TFW (CAF)
(D) CAF WEATHER STATION
(E) USAF WEATHER STATION (SEE NOTE)
NOTE: WHEN THE BACK-UP SYSTEM IS IN USE THE USAF WEATHER STATION
FORECASTER WILL INSURE TELEPHON DISSEMINATION OF OBSERVATION TO THE DET
A, 18 TFW/AOC.
(3) THE LOCAL DISSEMINATION OF OBSERVATION SHALL BE IN METAR CODE.
IN SOME INSTANCES VOICE DISSEMINATION MAY BE IN CHINESE.
3. FORECASTING.
A. THE CAF 3RD BASE WEATHER CENTER IS RESPONSIBLE FOR PROVIDING
TERMINAL FORECASTS (TAFS) AND AMENDMENTS FOR CHING CHUAN KANG AIR BASE.
(1) THE CAF TAF, AND REQUIRED AMENDMENTS, WILL BE PREPARED IN
ACCORDANCE WITH AWSM 105-24, VOLUM I, CHAPTER 1 AND APPLICABLE CAF
DIRECTIVES.
(2) THE CAF TAF WILL BE AMENDED IN ACCORDANCE WITH THE APPLICABLE
REQUIREMENTS OF AWSR 105-15, ATCH 2 (ATTACHMENT 2) AND APPLICABLE CAF
DIRECTIVES.
B. THE USAF BASE WEATHER STATION, DETACHMENT 23, 1 WWG, WILL, THROUGH
THE CAF RADAR OFFICER ON DUTY IN THE USAF BASE WEATHER STATION, MAINTAIN
CLOSE LIAISON WITH THE FORECASTERS IN THE CAF 3RD BASE WEATHER CENTER.
IN THIS RESPECT THE USAF FORECASTERS WILL:
(1) ADVISE THE CAF FORECASTER PRIOR TO TAF TRANSMISSION (1 HOUR PRIOR
WHENEVER POSSIBLE) OF ANY WEATHER WARNING, MET WATCH ADVISORY OR OTHER
OPERATIONALLY SIGNIFICANT CRITERIA THEY EXPECT DURING THE ENSUING 24
HOUR PERIOD.
(2) WORK AS CLOSELY AS POSSIBLE WITH THE CAF RADAR OFFICER AND FOSTER
DISCUSSION OF THE SYNOPTIC SITUATION, SIGNIFICANT WEATHER AND/OR HAZARDS
EXPECTED THAT WILL HAVE IMPACT ON USAF OPERATIONS AT CCK AB.
(3) ADVISE, BEFORE THE FACT WHEN POSSIBLE, OF ANY WEATHER WARNINGS
AND/OR MET WATCH ADVISORIES BEING ISSUED.
(4) PROVIDE ASSISTANCE IN TRAINING CAF FORECASTERS AS REQUIRED.
TRAINING WILL INCLUDE, BUT NOT NECESSARILY BE LIMITED TO; TAF
PREPARATION, TAF ENCODING, USAF AMENDMENT, WEATHER WARNING AND MET WATCH
ADVISORY CRITERIA, RADAR AND GENERAL METEOROLOGICAL TRAINING.
(5) PROVIDE ASSISTANCE IN TAF AND AMENDMENT PREPARATION THROUGH
CONSULTATION AND COORDINATION WHEN REQUESTED BY THE CAF FORECASTERS.
C. DISSEMINATION OF TAFS AND AMENDMENTS WILL BE AS FOLLOWS:
(1) CAF 3RD BASE WEATHER CENTER WILL RELAY THE TAF AND AMENDMENTS TO
THE CAF RADAR OFFICER IN TH USAF BASE WEATHER STATION VIA TELEPHONE.
WHENEVER POSSIBLE SUBJECT FORECASTS WILL BE RELAYED AT LEAST 15 MINUTES
PRIOR TO LONG LINE TRANSMISSION.
(2) THE CAF RADAR OFFICER WILL LOCALLY DISSEMINATE THE TAF AND
AMENDMENTS VIA THE USAF BASE WEATHER STATION AUTOWRITER. DURING PERIODS
OF AUTOWRITER OUTAGE THE CAF RADAR OFFICER WILL ACCOMPLISH BACK-UP
DISSEMINATION, VIA TELEPHONE, TO USING CAF AGENCIES.
(3) THE USAF FORECASTER WILL INSURE IN STATION DISPLAY AND ATAD
TRANSMISSION OF THE TAF AND AMENDMENTS AND WILL, DURING PERIODS OF
AUTOWRITER OUTAGE, ACCOMPLISH BACK-UP DISSEMINATION VIA TELEPHONE, TO
USING USAF AGENCIES.
(4) CAF 3RD BASE WEATHER CENTER WILL TRANSMIT THE TAF AND AMENDMENTS
LONG LINE FROM 3RD BWC. WHEN REQUIRED USAF WEATHER PERSONNEL WILL
TRANSMIT THE DATA DIRECT TO THE CLARK AUTOMATED DIGITAL WEATHER SWITCH.
4. FPS-77 WEATHER RADAR OPERATIONS.
A. USAF FORECASTERS AND OBSERVERS WILL BE RESPONSIBLE FOR TAKING AND
RECORDING SIGNIFICANT OPERATIONAL RADAR WEATHER OBSERVATIONS IN
ACCORDANCE WITH USAF WEATHER RADAR MANUAL (WBAN) AND AWS MANUAL 105-8.
B. THE USAF WEATHER STATION OBSERVER WILL BE RESPONSIBLE FOR
TRANSMITTING THE RADAR OBSERVATION OVER THE TELETYPE CIRCUIT FROM THE
USAF WEATHER STATION TO CLARK AUTOMATED DIGITAL WEATHER SWITCH. THE 3RD
BASE WEATHER CENTER WILL TRANSMIT RADAR REPORTS TO TAIPEI OVER CAF
COMMUNICATIONS CIRCUITS.
C. THE CAF AND USAF FORECASTERS/OBSERVERS WILL MAINTAIN CLOSE
COORDINATION ON UTILIZATION OF RADAR DATA. THE CAF RADAR
OFFICER/FORECASTER WILL INSURE THAT THE CAF OBSERVER IS KEPT ADVISED OF
SIGNIFICANT RADAR ECHOES AND INSURE INCLUSION IN CCK OBSERVATIONS WHEN
APPROPRIATE.
D. THE FPS-77 WEATHER RADAR MAY BE UTILIZED TO PROVIDE TRAINING FOR
CAF FORECASTERS.
(1) THE CAF 3RD BASE WEATHER CENTER WILL ASSIGN FORECASTERS FOR
TRAINING AND CERTIFICATION ON TH FPS-77 RADAR.
(2) UPON BEING CERTIFIED, CAF FORECASTERS MAY MAKE AND RECORD RADAR
OBSERVATIONS.
5. WEATHER EQUIPMENT MAINTENANCE. ALL USAF WEATHER EQUIPMENT,
INCLUDING CAF EQUIPMENT IN THE CUSTODY OF THE USAF, INSTALLED AND
OPERATED UNDER THIS JOINT OPERATION AGREEMENT, WILL BE MAINTAINE BY THE
USAF BASE WEATHER MAINTENANCE SHOP ON A CONTINUING BASIS. WHEN
EQUIPMENT MALFUNCTIONS ARE NOTED THE CAF RWOS OBSERVER WILL IMMEDIATELY
NOTIFY THE USAF DUTY FORECASTER OR CAF FORECASTER AT THE USAF WEATHER
STATION AND EXPLAIN THE MALFUNCTION.
6. THE LETTER OF AGREEMENT FOR 3RD BASE WEATHER CENTER, CAF WEATHER
WING AND DETACHMENT 23, 1ST WEATHER WING (MAC) (USAF) MAY BE REVISED BY
MUTUAL AGREEMENT BETWEEN THE COMMANDERS OF THE CAF AND USAF WEATHER
AGENCIES INVOLVED. IN ORDER TO INSURE THAT THIS LETTER REMAINS CURRENT
IT WILL BE REVIEWED AT 6 MONTH INTERVALS BY THE COMMANDER, 3RD BASE
WEATHER CENTER (CAF) AND THE COMMANDER, DE 23, 1ST WEATHER WING (USAF)
AND REVISED IF NECESSARY.
7. THE LETTER OF AGREEMENT FOR 3RD BASE WEATHER CENTER, CAF WEATHER
WING AND DETACHMENT 23, 1ST WEATHER WING (MAC) (USAF) TERMINATES UPON
TERMINATION OF THE CHINESE AIR FORCE AND THE UNITED STATE AIR FORCE
JOINT AGREEMENT ON THE OPERATION OF THE WEATHER SERVICE AT CHING CHUAN
KANG AIR BASE, TAIWAN. THIS LETTER OF AGREEMENT MAY BE TERMINATED BY
EITHER PARTY GIVING WRITTEN NOTIFICATION TO THE OTHER AT LEAST THIRTY
DAYS PRIOR TO DATE OF TERMINATION.
SIGNED
VANN B. GIBBS, JR., MAJOR, USAF
COMMANDER
DET 23, 1ST WEATHER WING (MAC)
SIGNED
HSIEH PUNG-KUEI, LT COL, CAF
COMMANDER
3RD BASE WEATHER CENTER
CRITERIA FOR TAKING OBSERVATIONS
1. SPECIAL. SPECIAL OBSERVATIONS WILL BE TAKEN WHENEVER A WEATHER
PARAMETER DECREASES TO LESS THAN OR INCREASES TO EQUAL OR EXCEED ANY OF
THE FOLLOWING CONDITIONS:
CEILING VISIBILITY 10 MIN RVR
5000 5 1830 (6000 FT)
3000 3 1520 (5000 FT)
1500 2 1220 (4000 FT)
1000 1 1/2 0730 (2400 FT)
800 1 1/4 0490 (1600 FT)
700 1
600 3/4
500 1/2
400 1/4
300
200
100
B. A LAYER OF CLOUDS OR OBSCURING PHENOMENON ALOFT IS PRESENT BELOW
1000 AND 800 FEET AND NO LAYER WAS REPORTED BELOW 1000 AND 800 FEET IN
THE PRECEDING "R" "S" OR "RS" OBSERVATION.
2. LOCAL. LOCAL OBSERVATIONS WILL BE TAKEN AND DISSEMINATED FOR THE
FOLLOWING CONDITIONS:
A. IMMEDIATELY FOLLOWING NOTIFICATION OF AN AIRCRAFT MISHAP OCCURRING
AT OR NEAR CHING CHUAN KAN AB, UNLESS THERE HAS BEEN AN INTERVENING
RECORD OR RECORD SPECIAL OBSERVATION. SUCH OBSERVATIONS SHOULD CONSIST
OF ALL ELEMENTS NORMALLY INCLUDED IN A RECORD OBSERVATIONS.
B. FOLLOWING NOTIFICATION OF A CHANGE IN THE RUNWAY IN USE.
C. DISSEMINATION OF ONE-MINUTE MEAN RVR WHENEVER:
(1) CRITERIA FOR TAKING RVR OBSERVATIONS ARE FIRST MET (PREVAILING
VISIBILITY ONE MILE OR LESS O RVR IS 6000 FEET OR LESS); AND WHEN THE
CRITERIA ARE FIRST NOTED TO NO LONGER EXIST.
(2) RVR DECREASES TO LESS THAN OR (IF BELOW) INCREASE TO EQUAL OR
EXCEED 6000 FEET, 5000 FEET, 4000 FEET, 2400 FEET, OR 1600 FEET.
(3) RVRNO IS FIRST REQUIRED TO BE REPORTED FOR THE RUNWAY IN USE, AND
WHEN IT IS FIRST DETERMINE THAT THE CONTRACTION IS NO LONGER APPLICABLE,
PROVIDED CONDITIONS FOR REPORTING RVR EXIST.
D. FOR ALTIMETER SETTING AT A FREQUENCY NOT TO EXCEED 35 MINUTES
SINCE THE LAST DETERMINATION.
TAF AMENDMENT CRITERIA
1. USAF TAF AMENDMENT CRITERIA FOR CHING CHUAN KANG AIR BASE ARE AS
FOLLOWS:
A. PRECIPITATION OF ANY INTENSITY BEGINS OR ENDS AND THE CURRENT
FORECAST DOES NOT SPECIFY THE OBSERVED CONDITIONS OR THE FORECAST TIMING
IS IN ERROR BY MORE THAN ONE HOUR.
B. CEILING AND/OR VISIBILITY INCREASE TO EQUAL OR EXCEED OR DECREASE
TO BELOW:
(1) 3000 FEET/3 MILES
(2) 1500 FEET/5 MILES
(3) 1000 FEET/2 MILES
(4) 200 FEET/1/2 MILE
C. A CHANGE OF WIND SPEED OF 10 KNOTS OR MORE, OR A CHANGE IN WIND
DIRECTION OF 30 DEGS OR MORE WHEN THE WINDS ARE; OR ARE EXPECTED TO BE,
IN EXCESS OF 15 KNOTS.
D. THE FORECAST ALTIMETER SETTING IS, OR IS EXPECTED TO BE IN ERROR
BY MORE THAN PLUS (+) .05 INCHES.
E. ANY OTHER METEOROLOGICAL CONDITION WHICH, IN THE OPINION OF THE
FORECASTER IS ESSENTIAL TO DESCRIBE ADEQUATELY THE EXPECTED WEATHER.
2. UNFORECAST CONDITIONS EXPECTED TO PERSIST FOR LESS THAN ONE HOUR
NEED NOT BE REFLECTED IN AN AMENDMENT TO THE LONG LINE TRANSMITTED
FORECAST.
3. AMENDED FORECASTS TRANSMITTED OVER LONG LINE COMMUNICATIONS WILL
BE VALID FOR THE PERIOD COMMENCING THE HOUR PRIOR TO FILE TIME OF THE
AMENDMENT AND COVER THE REMAINING TIME OF THE ORIGINA FORECAST.
CHINA, REPUBLIC OF 16 JAN 1974 FLITE DOCUMENT NO. 7502481
AGREEMENT
OPERATIONS LETTER BETWEEN CAF AND USAF AIR TRAFFIC CONTROL AGENCIES.
OPERATIONS LETTER BETWEEN CAF AND USAF AIR TRAFFIC CONTROL AGENCIES
TAINAN TOWER/GCA (CAF) OPERATIONS LETTER NO. ____
TAINAN TOWER/GCA (USAF) OPERATIONS LETTER NO. 1
SUBJECT: OPERATION OF TAINAN AIR BASE CONTROL TOWER/GCA FACILITIES
EFFECTIVE DATE: JAN 16 1974 (CANCELS TAINAN TOWER (USAF) OPERATIONS
LETTER NO. 2, DATED 18 FEBRUARY 1972)
1. THIS LETTER ESTABLISHES RESPONSIBILITIES AND PROCEDURES RELATIVE
TO THE CAF OPERATION/USAF AUGMENTATION OF THE CONTROL TOWER/GCA,
PURSUANT TO THE CHINESE AIR FORCE AND THE UNITED STATES AIR FORCE JOINT
AGREEMENT ON THE OPERATION OF AIR TRAFFIC CONTROL FACILITIES AT TAINAN
AIR BASE, TAIWAN DATED 1 DECEMBER 1972.
2. THE PRIME RESPONSIBILITY FOR THE TOWER/GCA FACILITY OPERATION AND
MANAGEMENT, AND THE CONTROL OF AIR TRAFFIC, RESTS WITH THE CAF.
3. USAF AUGMENTEES ARE RESPONSIBLE FOR:
A. MONITORING ALL DOD AIRCRAFT OPERATIONS CONDUCTED WITHIN THE LOCAL
ATC SYSTEM.
B. ADVISING/ASSISTING CAF PERSONNEL ON ATC MATTERS PERTAINING TO DOD
OPERATIONS AS REQUIRED/REQUESTED.
C. RELAYING ADVISORIES/INSTRUCTIONS TO DOD AIRCRAFT WHEN IT IS
APPARENT A LANGUAGE PROBLEM EXIST AND/OR WHEN SPECIFICALLY REQUESTED BY
THE PILOT.
D. CONDUCTING COORDINATION WITH USAF AGENCIES CONCERNING DOD
OPERATIONS AS SPECIFIED IN APPROPRIATE DIRECTIVES.
E. PROVIDING ATC TRAINING ASSISTANCE TO CAF PERSONNEL AS
REQUESTED/REQUIRED.
4. USAF AUGMENTEES MAY BE ASSIGNED TO A CONTROL POSITION BY THE CAF
CREW CHIEF/SENIOR CONTROLLER WHEN ALL OF THE FOLLOWING CONDITIONS ARE
MET:
A. THE AUGEMENTEE IS SATISFIED WITH EQUIPMENT OPERATION.
B. ALL AIR TRAFFIC UNDER THE OPERATIONAL CONTROL OF THE ASSIGNED
POSITION IS USING THE ENGLISH LANGUAGE.
C. THE AUGEMENTEE IS UNDER THE DIRECT SUPERVISION OF A QUALIFIED CAF
CONTROLLER, WHO SHALL RETAI RESPONSIBILITY FOR THE POSITION ASSIGNED TO
THE AUGMENTEE.
SIGNED
J.T. DAY, LT COL, CAF
COMMANDER, 1ST ATC/COMM SQ
SIGNED
LESLIE G.H. TRIPP, JR., CAPT, USAF
COMMANDER, 2128TH COMMUNICATION SQ
(DISTRIBUTION TABLE OMITTED)
CHINA, REPUBLIC OF 8 JAN 1974 FLITE DOCUMENT NO. 7502480
AGREEMENT
TO PROVIDE PHYSICAL SECURITY FOR HEDSUPPACT COMPOUNDS, TAIPEI
AGREEMENT BETWEEN CHINESE MILITARY POLICE HEADQUARTERS, TAIPEI AND
HEADQUARTERS SUPPORT ACTIVITY, TAIPEI
SECTION I:
1. PARTIES. THIS AGREEMENT IS MADE AND ENTERED INTO BY AND BETWEEN
THE CHINESE MILITARY POLICE HEADQUARTERS, TAIPEI (INCLUDING TAIPEI
COUNTY) AND HEADQUARTERS SUPPORT ACTIVITY, TAIPEI FOR THE SECURITY OF
HEDSUPPACT COMPOUNDS WITHIN THE TAIPEI AREA.
2. EFFECTIVE DATE AND CANCELLATION. IT IS THE INTENTION OF THE
UNDERSIGNED PARTIES TO THIS AGREEMENT THAT THIS AGREEMENT SHALL BECOME
EFFECTIVE AS OF ITS SIGNING BY BOTH PARTIES HERETO AND THAT THIS
AGREEMENT SHALL CANCEL AND SUPERSEDE ANY PREVIOUS EXISTING AGREEMENTS
BETWEEN THE PARTIES HERETO IN REGARD TO THIS SUBJECT MATTER.
3. PURPOSE. THE PRIMARY PURPOSE OF THIS AGREEMENT WILL BE TO
PROVIDE PHYSICAL SECURITY FOR HEDSUPPACT COMPOUNDS, TAIPEI, INCLUDING:
A. HEDSUPPACT WEST COMPOUND
B. HEDSUPPACT EAST COMPOUND
C. HEDSUPPACT SIGNAL COMPOUND
SECTION II:
GENERAL.
1. IN ACCORDANCE WITH THE PROVISIONS OF THE STATUS OF FORCES
AGREEMENT (SOFA) AND THE REPUBLIC O CHINA (ROC), INTERNAL SECURITY OF
HSA COMPOUNDS (WEST, EAST AND SIGNAL COMPOUNDS) IS CONTROLLED BY THE
UNITED STATES NAVY WITH DIRECT SUPPORT AND ASSISTANCE OF THE CHINESE
MILITARY POLICE. EXTERNAL SECURITY IS THE RESPONSIBILITY OF THE CHINESE
MILITARY POLICE AND WILL BE PERFORMED BY THE CHINESE MILITARY POLICE
(CMP). THE REPUBLIC OF CHINA AND THE U.S. GOVERNMENT WILL COOPERATE AS
NECESSARY T INSURE THE SECURITY OF U.S. MILITARY RESOURCES. THE
AGREEMENT IS CONSUMMATED BETWEEN THE COMMANDIN OFFICER, HEDSUPPACT,
TAIPEI AND COMMANDER, CHINESE MILITARY POLICE HEADQUARTERS, TAIPEI.
2. THIS DOCUMENT DELINEATES THE MUTUAL SUPPORT BETWEEN HEDSUPPACT,
TAIPEI AND THE CHINESE MILITARY POLICE HEADQUARTERS, TAIPEI, FOR THE
SECURITY AND DEFENSE OF HEDSUPPACT COMPOUNDS UNDER NORMAL AND EMERGENCY
CONDITIONS, AS DEFINED AND DETAILED IN SECTIONS III & IV. THE SECURITY
CAPABILITY MUST PROVIDE THE MEANS OF POSITIVELY IDENTIFYING INDIVIDUALS
REQUESTING ENTRY TO THE COMPOUNDS, TO DENY UNAUTHORIZED ENTRY, TO DETECT
POSSIBLE HOSTILE ACTS ALONG WITH DEFENDING THE PERIMETERS OF THE
COMPOUNDS AND TO IMMEDIATELY REPORT HOSTILE ACTS TO THE CHINESE MILITARY
POLICE OFFICE, LOCATED WITHIN THE HEDSUPPACT WEST COMPOUND AND THE
TAIPEI ARMED SERVICES POLICE (TASP) DES SERGEANT.
3. THE COMBINED ELEMENTS OF ENTRY CONTROL AND INTERNAL SECURITY
PATROLS SHOULD BE ADEQUATE TO PROVIDE IDENTIFICATION, DETECTION,
REPORTING AND INITIAL RESPONSE. ASSISTANCE FROM THE CMP INITIAL
RESPONSE FORCE TO TASP FORCES WILL BE NECESSARY FOR INCREASED
PROTECTION. THE INITIAL RESPONSE FORCE WILL BE CONTACTED BY THE CMP
LIAISON OFFICE, LOCATED IN THE HEDSUPPACT WEST COMPOUND, AND WIL BE
DISPATCHED BY THE INITIAL RESPONSE FORCE COMMANDER (COMPANY COMMANDER).
THE FOREGOING IS RELATIVE TO SMALL SCALE INCIDENTS. ADDITIONAL RESPONSE
FORCES (BACK-UP) MAY BE SUMMONED WHEN DEEME APPROPRIATE. ADDITIONAL
RESPONSE FORCE PERSONNEL ARE LOCATED AT THE CHUNG SHAN NORTH ROAD MP
SUB-STATION AND MAY BE CONTACTED VIA CMP/PMO LIAISON PERSONNEL.
SECTION III:
DEFINITION OF TERMS.
1. INTERNAL SECURITY - PHYSICAL SECURITY AFFORDED THE U.S. NAVY
RESOURCES WITHIN U.S. NAVY AREAS BY CMP AND TASP PERSONNEL ASSIGNED
AND/OR OPERATING WITHIN THESE AREAS.
2. EXTERNAL SECURITY - PHYSICAL SECURITY WHICH ENCOMPASSES THE AREAS
SURROUNDING HSA COMPOUNDS PROVIDED BY THE CMP TO INSURE THE SECURITY AND
DEFENSE OF THESE COMPOUNDS.
3. NORMAL SECURITY OPERATIONS - THOSE SECURITY OPERATIONS PERFORMED
ON A DAY-TO-DAY BASIS WHICH PROVIDE FOR THE IDENTIFICATION OF
INDIVIDUALS REQUESTING ENTRY TO THE COMPOUNDS, DENIAL OF UNAUTHORIZED
ENTRY, DETECTION AND REPORTING POSSIBLE HOSTILE ACTS, AND WHICH PROVIDE
A DETERRENT FORCE AGAINST SMALL SCALE ATTACK.
4. EMERGENCY SECURITY OPERATIONS - THOSE SECURITY OPERATION
IMPLEMENTED DUE TO A LOCAL INCIDENT WHICH THREATENS HSA COMPOUNDS AND/OR
USN RESOURCES AND WHICH CALLS FOR ASSISTANCE FROM CMP RESPONSE FORCES.
5. SECURITY CONDITION 3 - INFORMATION RECEIVED BY CMP HEADQUARTERS
OR OTHER COMPETENT LOWER ECHELON CMP HEADQUARTERS OR THE TASP DESK
SERGEANT THAT HSA COMPOUNDS AND/OR RESOURCES MAY BE ATTACKED BY A
HOSTILE FORCE.
6. SECURITY CONDITION 2 - INFORMATION RECEIVED BY CMP HEADQUARTERS
OR OTHER COMPETENT LOWER ECHELON CMP HEADQUARTERS OR THE TASP DESK
SERGEANT THAT HSA COMPOUNDS AND/OR RESOURCES WILL BE UNDE ATTACK BY A
HOSTILE FORCE.
7. SECURITY CONDITION 1 - HSA COMPOUNDS AND/OR RESOURCES ARE
CURRENTLY UNDER ATTACK BY A HOSTILE FORCE.
SECTION IV
SPECIFIC FUNCTIONS:
SECURITY FUNCTION CHINESE MILITARY POLICE T.A.S.P.
NORMAL SECURITY OPERATIONS: PROVIDE ENTRY CONTROL, PROVIDE
EMERGENCY SECURITY OPERATIONS:
SECURITY CONDITION 3 ALERT FRIENDLY MILITARY ALERT ALL
SECURITY CONDITION 2 DISPATCH INITIAL RESPONSE RECALL ALL
SECURITY CONDITION 1 DEPLOY INITIAL AND BACKUP DEPLOY TASP
SECTION V:
SINO-AMERICAN EMERGENCY SECURITY ALERT NOTIFICATION PROCEDURES.
1. THE TASP DESK SERGEANT IS LOCATED IN BUILDING #300, HSA WEST
COMPOUND. TELEPHONE NUMBERS ARE TTA 545394, TME 3124-TME 2325-TME 115
(EMERGENCY). IN ALL SECURITY ALERT CONDITIONS, THE TASP DESK SERGEANT
WILL NOTIFY THE CMP LIAISON OFFICE.
(ILLEGIBLE TEXT) COMPOUND AND MAY BE CONTACTED VIA THE LIAISON OFFICE
LOCATED TO THE REAR OF THE PROVOST MARSHAL'S OFFICE.
A. THE CMP BACK-UP RESPONSE FORCE (SHOULD AN EMERGENCY WORSEN), IS
LOCATED AT THE CHUNG SHAN NORTH ROAD SUB-STATION (NEXT TO THE MAAG
OFFICERS OPEN MESS). THIS FORCE MAY BE CONTACTED VIA THE CMP LIAISON
OFFICE LOCATED REARWARD OF THE PROVOST MARSHAL'S OFFICE.
3. THE TAIPEI MILITARY POLICE HEADQUARTERS IS LOCATED AT #65, CHUNG
HUA ROAD. TELEPHONE NUMBER DURING DUTY HOURS IS TTA 310282. THE CMP
OPERATIONS CENTER (24 HOUR) TELEPHONE NUMBER IS TTA 319533.
4. THE CMP AND THE U.S. NAVY WILL KEEP EACH OTHER ADVISED AS TO
INCIDENTS OR INFORMATION INVOLVING THE SECURITY OF HSA COMPOUNDS AND
U.S. NAVY RESOURCES.
SECTION VI:
JOINT RESPONSIBILITY.
1. BOTH THE TAIPEI CMP HEADQUARTERS, TAIPEI AND THE U.S. NAVY WILL
COORDINATE AND CONDUCT A JOIN EXERCISE ON AN ANNUAL BASIS TO ASSESS
COMMUNICATION, DEPLOYMENT AND PROTECTION CAPABILITIES UNDER NORMAL AND
EMERGENCY CONDITIONS.
2. PREPARATION OF GUIDANCE AND REGULATIONS PERTAINING TO ALL
PERSONNEL DESIRING TO ENTER HSA COMPOUNDS MUST BE MADE UNDER AGREEMENT
BETWEEN THE CMP UNIT COMMANDER STATIONED IN HSA WEST COMPOUN AND U.S.
NAVY PROVOST MARSHAL, AND BOTH WILL JOINTLY GUARANTEE TO ENFORCE THE
GUIDANCE AND THE REGULATIONS.
SECTION VII:
1. THIS AGREEMENT SHALL BE REVIEWED BY THE PARTIES EVERY TWO YEARS,
COMMENCING TWO YEARS FROM TH LAST DATE NOTED BELOW, AND, IF ACCEPTABLE
TO BOTH PARTIES, RENEWED FOR ADDITIONAL PERIODS OF TWO YEARS EACH BY AN
EXCHANGE OF MEMORANDUM BETWEEN THE PARTIES TO THAT EFFECT.
FOR THE CHINESE MILITARY POLICE, HEADQUARTERS:
DATE 8 JANUARY 1974
SIGNED
FOR HEADQUARTERS SUPPORT ACTIVITY, TAIPEI
DATE 8 JANUARY 1974
SIGNED
CHINA, REPUBLIC OF 1 JAN 1974 FLITE DOCUMENT NO. 7502479
AGREEMENT
AGREEMENT FOR THE DEFENSE OF SHU LIN KOU AIR STATION
AGREEMENT FOR THE DEFENSE OF SHU LIN KOU AIR STATION
THIS AGREEMENT IS MADE PUSUANT TO THE STATUS OF FORCES AGREEMENT
BETWEEN THE GOVERNMENTS OF THE UNITED STATES OF AMERICA AND THE REPUBLIC
OF CHINA WHICH AGREEMENT CONTROLS AND LIMITS THE INTERPRETATION OF THE
PROVISIONS CONTAINED HEREIN.
1. AGREEING UNITS: 50TH BRIGADE, 17TH ARMY DIVISION, ROC ARMY
LOCATED AT KUNG HSI VILLAGE, KUEI SHAN HSIANG, TAO YUAN HSIEN, TAIWAN
AND 6987TH SECURITY GROUP, USAF LOCATED AT NAN SHIH PU, LINKOU HSIANG,
TAIPEI HSIEN, TAIWAN.
2. AGREEMENT REPRESENTATIVES: MAJ SOONG, CHING YUAN, COMBAT
OFFICER, 50TH BRIGADE, 17TH ARMY DIVISION AND 1ST LT VEQUIST, DAVE G.
III, BASE SECURITY OFFICER, SHU LIN KOU AIR STATION.
3. AGREEMENT OFFICIALS: LT COL TING, CHIH FA, BRIGADIER COMMANDER,
50TH BRIGADE, 17TH ARMY DIVISION AND COL WEAVER, DONALD E., COMMANDER,
SHU LIN KOU AIR STATION.
4. PROVISIONS:
A. MILITARY DESIGNATION OF UNITS: 50TH BRIGADE, 17TH ARMY DIVISION,
ROC ARMY AND 6987TH SECURIT GROUP, SHU LIN KOU AIR STATION.
B. RESPONSIBILITY: THE 50TH BRIGADE, 17TH ARMY DIVISION ASSUMES FULL
RESPONSIBILITY TO ENSURE THE PHYSICAL SECURITY OF SHU LIN KOU AIR
STATION.
C. INTERCHANGE OF AIR RAID ALERT INFORMATION: RESPECTIVE UNITS OF
BOTH ORGANIZATIONS ARE REQUIRED TO INTERCHANGE INFORMATION OF AN AIR
RAID ALERT.
D. ACTIONS REQUIRED UNDER AIR RAID ALERT AND ANTI-AIR DROP COMBAT
ATTACK:
(1) UPON REQUEST OF COMMANDER, SHU LIN KOU AIR STATION, THE 50TH
BRIGADE, 17TH ARMY DIVISION ASSUMES A) THE RESPONSIBILITY OF SECURING
SHU LIN KOU AIR STATION AND CONDUCTING A CLEAN SWEEP OF THE ENEMY
AIRBORNE DROP UNIT, AND B) THE RESPONSIBILITY OF SECURING SHU LIN KOU
AIR STATION AGAINST A CIVIL DISTURBANCE BY CHINESE NATIONALS OUTSIDE THE
PERIMETER OF THE STATION.
(2) SHU LIN KOU AIR STATION WILL NOTIFY THE 50TH BRIGADE, 17TH ARMY
DIVISION IN THE EVENT USAF PERSONNEL ARE WITHDRAWN FROM THE BASE.
(3) SHU LIN KOU AIR STATION, WITHIN THE CAPABILITIES OF ITS FORCES,
WILL PROVIDE SECURITY PERSONNEL NECESSARY TO PREVENT ACTS OF SABOTAGE
AND ESPIONAGE OF STATION AND ACCOMPLISH NECESSARY COMBAT ACTIONS
REQUIRED FOR SELF DEFENSE.
E. COMMUNICATIONS: BOTH UNITS WILL UTILIZE ALL COMMUNICATION DEVICES
(MILITARY TELEPHONE AND EXISTING COMMUNICATIONS LINES) TO COORDINATE
REQUIRED ACTIONS.
(1) ADDRESS AND TELEPHONE NUMBER OF THE ROC ARMY UNIT RESPONSIBLE:
A) ADDRESS: TAO YUAN P.O. BOX 7617
B) TELEPHONE: TAO YUAN CHIANG TU EXT WU CHIANG EXT HENG SUI 303 OR
403
(2) ADDRESS AND TELEPHONE NUMBER OF THE UNITED STATES AIR FORCE, SHU
LIN KOU AIR STATION:
A) ADDRESS: 6987TH SECURITY GROUP (SECURITY POLICE) APO 96360
B) TELEPHONE: 886036 (TAIPEI COMMERCIAL LINE) EXT 3105 OR 2121
(SECURITY POLICE)
5. REMARKS: AMENDMENTS TO THIS AGREEMENT MAY BE MADE WITH THE
CONCURRENCE OF BOTH PARTIES CONCERNED. WHEN THE SUPPORTING UNIT IS ON A
PCS MOVE, THIS AGREEMENT WILL BE INCLUDED IN THE TRANSFER DOCUMENTS TO
THE NEW UNIT AND CONTINUE TO BE IN EFFECT. IN THE EVENT THERE IS NO
REPLACEMENT UNIT, THIS MATTER WILL BE BROUGHT TO THE ATTENTION OF TAIPEI
GARRISON DISTRICT COMMAND.
THIS AGREEMENT SHALL BECOME EFFECTIVE UPON THE CONCURRENCE OF BOTH
PARTIES AND SHALL REMAIN IN EFFECT UNTIL 31 DECEMBER 1975, AT WHICH TIME
IT MY BE EXTENDED, UPON THE CONCURRENCE OF BOTH PARTIES.
SIGNED THIS FIRST DAY OF JANUARY, 1974.
SIGNED
TING, CHIH-FA
LT COL, INFANTRY
ROC ARMY
SIGNED
DONALD E. WEAVER, COLONEL, USAF
COMMANDER
6987TH SECURITY GROUP (USAFSS)
CHINA, REPUBLIC OF 15 DEC 1973 FLITE DOCUMENT NO. 7502478
AGREEMENT
TO ENHANCE THE CAPABILITY OF THE TAIPEI AREA CONTROL CENTER TO ABSORB
UNITED STATES/DEPARTMENT OF DEFENSE AIR OPERATIONS
THE CHINESE CIVIL AERONAUTICS ADMINISTRATION AND THE UNITED STATES
AIR FORCE JOINT AGREEMENT FOR USAF AUGMENTATION OF TAIPEI AREA CONTROL
CENTER AT TAIPEI TAIWAN
CONSIDERING: UNITED STATES/DEPARTMENT OF THE DEFENSE AIR OPERATIONS
ORIGINATING AND TRANSITING THE TAIPEI FLIGHT INFORMATION REGION AND ITS
RESULTANT IMPACT ON THE OPERATION OF THE TAIPEI AREA CONTROL CENTER.
THAT THE VOLUME OF SUCH OPERATIONS IS DECREASING AND CAPABILITY OF
TAIPEI AREA CONTROL CENTER IS INCREASING.
DESIRING: TO CONTINUE TO MINIMIZE THIS IMPACT SO LONG AS SUCH NEED
EXISTS, THEREBY INSURING AIR TRAFFIC CONTROL SERVICE AND SAFETY OF
FLIGHT TO UNITED STATES DEPARTMENT OF DEFENSE AIR OPERATIONS.
THEREBY: ENHANCING THE CAPABILITY OF THE TAIPEI AREA CONTROL CENTER
TO ABSORB UNITED STATES/DEPARTMENT OF DEFENSE AIR OPERATIONS.
THEREFORE: EFFECTIVE 15 DECEMBER 1973, THE CHINESE CIVIL AERONAUTICS
ADMINISTRATION AND THE UNITED STATES AIR FORCE, PURSUANT TO THE STATUS
OF FORCES AGREEMENT BETWEEN THE GOVERNMENTS OF THE REPUBLIC OF CHINA AND
THE UNITED STATES OF AMERICA, THAT CONTROLS AND LIMITS THE
INTERPRETATION OF THE PROVISIONS CONTAINED HEREIN, AS WELL AS THE
INTERPRETATION OF ANY SUBSIDIARY AGREEMENTS CONDUCTED HEREUNDER AND WITH
SPECIFIC AUTHORITY DERIVED FROM PARAGRAPH 5, ARTICLE III OF THE STATUS
OF FORCES AGREEMENT, AGREE AS FOLLOWS:
ARTICLE 1 FOR THE PURPOSE OF THIS AGREEMENT, THE FOLLOWING
ABBREVIATIONS/TERMS SHALL BE USED:
CCAA - CHINESE CIVIL AERONAUTICS ADMINISTRATION
TACC - TAIPEI AREA CONTROL CENTER
USAF - UNITED STATES AIR FORCE
DOD - UNITED STATES DEPARTMENT OF DEFENSE
FIR - FLIGHT INFORMATION REGION
RCAG - REMOTE COMMUNICATIONS SITE/AIR GROUND
AUGMENTEE - THOSE USAF AIR TRAFFIC CONTROLLERS ASSIGNED TO THE 2165TH
COMMUNICATIONS GROUP, WITH DUTY STATION AT TAIPEI AREA CONTROL CENTER
(TACC).
NCMO - NAVIGATIONAL AIDS AND COMMUNICATIONS MANAGEMENT OFFICE
UHF - ULTRA HIGH FREQUENCY
VHF - VERY HIGH FREQUENCY
ACC - AREA CONTROL CENTER
CERAP - A COMBINED AIR TRAFFIC CONTROL CENTER AND RADAR APPROACH
CONTROL FACILITY.
ARTICLE 2 THE CHINESE CIVIL AERONAUTICS ADMINISTRATION AND THE UNITED
STATES AIR FORCE JOINT AGREEMENT ON USAF AUGMENTATION OF TAIPEI AREA
CONTROL CENTER AT TAIPEI TAIWAN, DATED 1 JULY 1973 IS HEREBY RESCINDED.
ARTICLE 3 THE RESPONSIBILITY FOR THE CONTROL OF AIR TRAFFIC WITHIN
THE TAIPEI FLIGHT INFORMATION REGION (FIR) RESTS WITH THE CHINESE CIVIL
AERONAUTICS ADMINISTRATION (CCAA). THE TACC IS THE AGENC CHARGED WITH
RESPONSIBILITY FOR ALL AIR TRAFFIC CONTROL SERVICE WITHIN THE TAIPEI
FIR.
ARTICLE 4 THE USAF AGREES TO PROVIDE USAF AUGMENTEES TO TACC FROM
0800 TO 1800 HOURS DAILY FOR THE PURPOSE OF ASSISTING TACC IN PROVIDING
AIR TRAFFIC SERVICES, AS SPECIFIED IN ARTICLE 7, UNTIL SUCH TIME AS
DEEMED MUTUALLY UNNECESSARY BY THE CCAA AND USAF. ANY OTHER TASKS OR
DUTIES SHALL REQUIRE PRIOR WRITTEN APPROVAL. SUCH TASKS OR DUTIES AS
MAY BE REQUESTED BY CCAA AND AGREED TO BY THE USAF SHALL BE PERFORMED
WITHIN THE CAPABILITY OF ASSIGNED PERSONNEL WITH NO DEGRADATION TO THE
PRIMARY AUGMENTATION PURPOSE.
ARTICLE 5 THE USAF AGREES TO TRAIN ALL AUGMENTEES IN ACCORDANCE WITH
USAF AND PERTINENT CCAA DIRECTIVES AND REQUIREMENTS.
ARTICLE 6 USAF AUGMENTEES SHALL BE RESPONSIBLE FOR THE DUTIES
SPECIFIED IN ARTICLE 7 UNDER THE SUPERVISION AND GUIDANCE OF THE TACC
CHIEF CONTROLLER AND THE WATCH SUPERVISOR ON DUTY. THE CCAA AGREES TO
PERFORM THOSE USAF AUGMENTEE DUTIES SPECIFIED IN ARTICLE 7 DURING THE
HOURS OF 1800 TO 0800 DAILY.
ARTICLE 7 THE CCAA AND USAF AGREE TO THE FOLLOWING:
A. THAT ONE (1) AUGMENTEE WILL BE ON DUTY AT THE TACC BETWEEN THE
HOURS OF 0800 TO 1800 HOURS DAILY.
B. THE AUGMENTEE'S DUTIES SHALL BE TO ASSIST THE TACC CHIEF
CONTROLLER AND WATCH SUPERVISOR IN TECHNICAL COORDINATION REQUIREMENTS
WITH USAF/DOD UNITS AS FOLLOWS:
(1) REPORTING OUTAGES AND COORDINATING RESTORAL ACTION ON
COMMUNICATIONS EQUIPMENT/CIRCUITS REFERRED TO IN ARTICLE 9 AND 12 TO THE
2165 COMMUNICATIONS GROUP NCMO.
(2) PACMARF ALTITUDE RESERVATION REQUESTS.
(3) TACTICAL ROUTING FOR FIGHTER/INTERCEPTOR OPERATIONS.
(4) RESOLVING DIPLOMATIC CLEARANCE (MOTHER HUBBARD FLIGHT PLAN)
DIFFICULTIES ENCOUNTERED BY USAF/DOD AIRCRAFT.
(5) SPECIAL USAF/DOD MISSIONS.
(6) ALERT NOTIFICATION AND COMMUNICATIONS SEARCH OF OVERDUE/MISSING
USAF/DOD AIRCRAFT.
(7) ASSISTANCE TO USAF/DOD AIRCRAFT EXPERIENCING EMERGENCIES, LOW
FUEL STATE OR LANGUAGE DIFFICULTIES.
(8) OBTAINING ALTERNATE MEANS OF COMMUNICATION (AUTOVON ACCESS) WITH
ADJACENT CENTERS DURING PERIODS OF TEMPORARY OUTAGES TO PRIMARY
CIRCUITS.
(9) ACTIONS AFFECTING USAF CONTROLLED AIRSPACE WITHIN THE TAIPEI FIR
SUCH AS GUN FIRING EXERCISE OR OTHER SIMILAR ACTIONS REQUIRING SPECIAL
COORDINATION, CONTROL OR DISSEMINATION OF INFORMATION.
ARTICLE 8 THE CCAA AND USAF AGREE TO REVIEW THE AUGMENTEE MANPOWER
REQUIREMENT IN FEBRUARY 1974 FOR THE PURPOSE OF DISCUSSING TOTAL USAF
AUGMENTEE WITHDRAWAL. THIS TENTATIVE WITHDRAWAL DATE, AS MUTUALLY
AGREED UPON BY THE CCAA AND USAF, WILL BE 1 APRIL 1974.
ARTICLE 9 THE USAF AGREES TO INSTALL AND MAINTAIN CERTAIN RCAG SITES
TO PROVIDE MAXIMUM AIR/GROUND RADIO COVERAGE FOR THE TACC IN SUPPORT OF
USAF/DOD TRAFFIC AS FOLLOWS:
A. TAINAN RCAG - UHF/VHF TRANSMIT/RECEIVE WITH BACK UP CAPABILITY AND
ONE (1) REMOTE KEYING CIRCUIT.
B. TAIPEI AIR STATION RCAG - ONE (1) KWM-2A SINGLE SIDE BAND
TRANSMIT/RECEIVE HIGH FREQUENCY (HF RADIO SET WITH ANTENNA AND ONE (1)
REMOTE KEYING CIRCUIT.
ARTICLE 10 THE CCAA AGREES TO ASSIGN FREQUENCIES AND OPERATE RCAG
SITES FURNISHED BY THE USAF AS FOLLOWS:
A. TAINAN RCAG - TWENTY-FOUR (24) HOURS DAILY; UHF 234.8 VHF 128.1;
THE CCAA AGREES TO PROVIDE ONE (1) REMOTE KEYING CIRCUIT, THEREBY
ESTABLISHING AN ALTERNATE KEYING CAPABILITY TO THE RCAG.
B. TAIPEI AIR STATION RCAG - TWENTY-FOUR (24) HOURS DAILY; 10.081
MHZ.
THE CCAA AND USAF AGREE TO REVIEW THE REQUIREMENT FOR CONTINUED
OPERATION OF THE RCAG SITES LISTE IN ARTICLE 9 ABOVE EACH SIX (6) MONTHS
BEGINNING IN FEBRUARY 1974. WHEN USAF/DOD EXIGENCIES DICTATE, OR THE
CCAA COMPLETES INSTALLATION OF HOST NATION FACILITIES TO PROVIDE
ADEQUATE RADIO COVERAGE, OR USAF/DOD AIR TRAFFIC WITHIN THE TAIPEI FIR
DECREASES TO THE POINT THAT EITHER OR BOTH RCAG SITES ARE NO LONGER
DEEMED ESSENTIAL BY THE USAF FOR SAFETY OF FLIGHT, ALL EQUIPMENT
REFERRED TO IN ARTICLE 9 SHALL BE DISPOSED OF IN ACCORDANCE WITH USAF
PRIORITIES. ADVANCE NOTIFICATION OF NINETY (90) DAYS SHALL BE GIVEN TO
THE CCAA PRIOR TO DECOMMISSIONING ACTION.
ARTICLE 12 THE USAF AGREES TO INSTALL AND MAINTAIN IN OPERATIONAL
STATUS, COMMENSURATE WITH PRIORITIES ASSIGNED FOR RESTORAL ACTION, THE
FOLLOWING CIRCUITS/EQUIPMENT IN SUPPORT OF USAF/DOD AIRCRAFT MOVEMENTS
(THESE ARE CONSIDERED SEPARATE FROM NORMAL INCOUNTRY ATC REQUIREMENTS).
A. TELETYPE CIRCUIT SBF-1 (UNSECURED), WITH EQUIPMENT, FROM TACC TO
CLARK AIRWAYS.
B. VOICE CIRCUIT KM-82 FROM TACC TO MANILA ACC.
C. VOICE CIRCUIT S-201 FROM TACC TO KADENA CERAP.
D. VOICE CIRCUIT SFE-5 FROM TACC TO SAIGON ACC.
E. ONE (1) KWM2A SINGLE SIDE BAND TRANSMIT/RECEIVE HIGH FREQUENCY
(HF) RADIO SET AS BACKUP TO TH TAIPEI AIR STATION RCAG SITE. EQUIPMENT
WILL BE LOCATED AT TACC.
ARTICLE 13 THE CCAA AGREES TO OPERATE ALL CIRCUITS REFERRED TO IN
ARTICLE 12 ON A 24 HOUR BASIS AND TO ASSIST THE USAF IN EFFECTING
RESTORAL ACTIONS.
ARTICLE 14 THE USAF AGREES TO COORDINATE AND ASSIST IN THE
MAINTENANCE AND RESTORAL ACTIONS OF ALL USAF EQUIPMENT/CIRCUIT OUTAGES.
ARTICLE 15 THE USAF AND CCAA AGREE TO REVIEW THE REQUIREMENT FOR
CONTINUED OPERATION OF CIRCUIT/EQUIPMENT OUTLINED IN ARTICLE 12 AND
RADIO MAINTENANCE ASSISTANCE REFERRED TO IN ARTICLE 14 IN FEBRUARY 1974.
WHEN USAF/DOD MILITARY EXIGENCIES DICTATE OR CCAA COMPLETES
INSTALLATION OF HOST NATION CAPABILITY OR USAF/DOD TRAFFIC WITHIN THE
TAIPEI FIR DECREASES TO THE POINT THAT THE CIRCUIT/EQUIPMENT,
INDIVIDUALLY OR COLLECTIVELY, ARE NO LONGER DEEMED ESSENTIAL BY THE USAF
FOR SAFETY OF FLIGHT; REDUCED SUPPORT OF THE AFFECTED
CIRCUITS/EQUIPMENT MAY BE IMPLEMENTED. ADVANCE NOTIFICATION OF NINETY
(90) DAYS SHALL BE GIVEN TO THE CCAA PRIOR TO ANY REDUCTION.
ARTICLE 16 REVISIONS TO THIS AGREEMENT WILL REQUIRE CONCURRENCE OF
BOTH PARTIES.
SIGNED
MAO, Y.T., LT. GEN (RET.)
DIRECTOR GENERAL
CHINESE CIVIL AERONAUTICS ADMINISTRATION
SIGNED
YANG, HOW-MING
DIRECTOR, AIR NAVIGATION & WEATHER SVCS
CHINESE CIVIL AERONAUTICS ADMINISTRATION
SIGNED
LYNWOOD E. CLARK
BRIGADIER GENERAL, USAF
COMMANDER, 327TH AIR DIVISION
SIGNED
FULTON C. PETWAY
COLONEL, USAF
COMMANDER, 2165TH COMMUNICATIONS GROUP
CHINA, REPUBLIC OF 9 NOV 1973 FLITE DOCUMENT NO. 7502477
AGREEMENT
TO ESTABLISH A FACILITY JOINT USE AGREEMENT TO OUTLINE THE ANNUAL
ESTIMATED COST, MANPOWER REQUIREMENTS, AND TO PROGRAM FOR FUTURE
MAINTENANCE REQUIREMENT OF THESE PAVEMENTS
THE CHINESE AIR FORCE AND THE UNITED STATES AIR FORCE FACILITY JOINT
USE AGREEMENT ON MAINTENANCE OF JOINT USE PAVEMENTS
CONSIDERING: THE REQUIREMENT TO PROVIDE MAINTENANCE ON ALL PAVEMENTS
JOINTLY USED BY THE CAF & USAF ON CHING CHUAN KANG AIR BASE, TAIWAN.
DESIRING: TO REPAIR ALL PAVEMENTS JOINTLY USED BY THE CAF & USAF
UNDER THE TERMS OF ARTICLE III, PARAGRAPH 4 OF SOFA.
THEREBY: ESTABLISHING A FACILITY JOINT USE AGREEMENT TO OUTLINE THE
ANNUAL ESTIMATED COST, MANPOWER REQUIREMENTS, AND TO PROGRAM FOR FUTURE
MAINTENANCE REQUIREMENT OF THESE PAVEMENTS.
THEREFORE: THE CHINESE AIR FORCE AND THE UNITED STATES AIR FORCE,
PURSUANT TO THE STATUS OF FORCES AGREEMENT BETWEEN THE GOVERNMENTS OF
THE REPUBLIC OF CHINA AND THE UNITED STATES OF AMERICA, WHICH AGREEMENT
CONTROLS AND LIMITS THE INTERPRETATION OF THE PROVISIONS CONTAINED
HEREIN, AS WELL AS THE INTERPRETATION OF ANY SUBSIDIARY AGREEMENTS MADE
HEREUNDER, AND WITH THE SPECIFIC AUTHORITY DERIVED FROM PARAGRAPH 5,
ARTICLE III OF THE STATUS OF FORCES AGREEMENT, AGREE AS FOLLOWS:
ARTICLE 1 FOR THE PURPOSE OF THE AGREEMENT THE FOLLOWING
ABBREVIATIONS WILL BE USED:
CAF - CHINESE AIR FORCE
USAF - UNITED STATES AIR FORCE
SOFA - STATUS OF FORCES AGREEMENT BETWEEN THE GOVERNMENT OF THE
REPUBLIC OF CHINA AND THE GOVERNMENT OF THE UNITED STATES OF AMERICA.
CCK - CHING CHUAN KANG AIR BASE, TAIWAN.
ARTICLE 2 PAVEMENTS JOINTLY USED BY CAF & USAF ON CCK AB.
1. THE CAF AND USAF AGREE TO THE FOLLOWING:
THE CAF & USAF JOINTLY UTILIZE THE PAVEMENTS OUTLINED ON THE ATTACHED
MASTER PLAN OF CCK AB, DATE 10 APR 73 (TAB NO. C-2, SHEET NO. 1) MARKED
DEPE - ATTACHMENT 1.
2. THE CAF AND USAF UTILIZATION AND MAINTENANCE OF THE PAVEMENTS
(ROADS, TAXIWAY AND RUNWAY) WIL BE IN ACCORDANCE WITH ARTICLE III OF
SOFA.
3. THE F374CSG, USAF AGREES TO FURNISH ALL MATERIALS AND TO PROCURE
MATERIAL REQUIREMENTS FURNISHED BY THE CAF, BUT SUBJECT TO THE APPROVAL
OF THE 6217CSG COMMANDER AND FUNDS RECEIVED FROM OUR HEADQUARTERS FOR
THE MAINTENANCE OF PAVEMENTS.
4. THE F374CSG, USAF AGREES TO FURNISH ONLY AVAILABLE EQUIPMENT ON A
MISSION PRIORITY BASIS TO THE CAF FOR MAINTENANCE OF THE PAVEMENTS ON
CCK AB.
5. THE 3RD TFW, CAF AGREES TO FURNISH THE MANPOWER TO MAINTAIN THE
JOINTLY USED PAVEMENTS.
6. AT THE BEGINNING OF EACH FISCAL QUARTER (JAN, APR, JUL, OCT), THE
3RD TFW, CAF AGREES TO FURNISH AN ESTIMATED LIST OF MATERIALS REQUIRED
TO ACCOMPLISH WORK PROJECTED TO BE SCHEDULED IN THE SECOND FUTURE
QUARTER. THIS WILL PROVIDE APPROXIMATELY SIX MONTHS LEAD TIME FOR
PROCUREMENT OF MATERIALS BY USAF SHOULD THAT BE NECESSARY.
ARTICLE 3 1. THIS AGREEMENT MAY BE TERMINATED BY THE USAF UPON 90
DAYS PRIOR WRITTEN NOTICE. REVISIONS OF THE AGREEMENT WILL REQUIRE
CONCURRENCE OF BOTH PARTIES.
2. THIS AGREEMENT BECOMES EFFECTIVE ON THE DATE OF SIGNATURE.
SIGNED
PANG PI-TEH, COLONEL, CAF
3RD AIR BASE GROUP COMMANDER
SIGNED
LEWIS H. RICHARDSON, COLONEL, USAF
374 CMBT SUPPORT GROUP COMMANDER
EFFECTIVE 9 NOV 1973
THAILAND 30 OCT 1973 FLITE DOCUMENT NO. 7502476
MEMORANDUM OF AGREEMENT
TO ESTABLISH AREAS OF RESPONSIBILITY FOR THE JOINT USAF/RTAF
UTILIZATION OF THE RTAF CONTROL TOWE AT TAKHLI RTAFB, THAILAND
MEMORANDUM OF AGREEMENT BETWEEN ROYAL THAI AIR FORCE AND THE UNITED
STATES AIR FORCE 1974 COMMUNICATIONS GROUP
PURPOSE: THE PURPOSE OF THIS MEMORANDUM OF AGREEMENT IS TO ESTABLISH
AREAS OF RESPONSIBILITY FOR THE JOINT USAF/RTAF UTILIZATION OF THE RTAF
CONTROL TOWER AT TAKHLI RTAFB, THAILAND.
SCOPE: THIS MEMORANDUM OF AGREEMENT SPECIFIES CONDITIONS OF THE
MAINTENANCE OF THE CONTROL TOWER AT TAKHLI RTAFB, THAILAND.
CRITERIA: IN AS MUCH AS THE JOINT UTILIZATION OF THE CONTROL TOWER
INCLUDES A MULTITUDE OF SUPPORT RESPONSIBILITIES, CRITERIA AMENABLE TO
ALL PARTIES WILL BE INCLUDED AS ARTICLES OF THIS AGREEMENT. CRITERIA
WILL INCLUDE SUCH ITEMS AS:
A. TIME-PHASE OF USAF MAINTENANCE RESPONSIBILITIES.
B. SUPPORT RESPONSIBILITIES I.E., SUPPLY AND LOGISTICS, CIVIL
ENGINEERING (POWER PRODUCTION, AIR CONDITIONING, REAL PROPERTY
MAINTENANCE) AND TRAINING.
DEFINITIONS:
AFAG: AIR FORCE ADVISORY GROUP.
C-E: COMMUNICATIONS-ELECTRONICS.
COMUSMACTHAI: COMMANDER U.S. MILITARY ASSISTANCE COMMAND THAILAND.
IAW: IN ACCORDANCE WITH.
OJT: A TRAINING SITUATION IN WHICH AN INDIVIDUAL ACQUIRES KNOWLEDGE
AND BECOMES TECHNICALLY PROFICIENT THROUGH ACTUAL JOB PERFORMANCE UNDER
THE GUIDANCE OF A QUALIFIED TECHNICIAN OR INSTRUCTOR.
RTAF: ROYAL THAI AIR FORCE.
USAF: UNITED STATES AIR FORCE.
1974TH COMM GP: ASSIGNED U.S. MILITARY, CIVILIAN, OR CONTRACTOR
PERSONNEL WHO HAVE THE RESPONSIBILITY TO PLAN, CONTROL AND DIRECT USAF
COMMUNICATIONS IN THAILAND.
2083RD COMM SQ: ASSIGNED U.S. MILITARY, CIVILIAN OR CONTRACTOR
PERSONNEL WHO HAVE THE RESPONSIBILITY TO PROVIDE USAF COMMUNICATIONS TO
TAKHLI RTAFB, THAILAND. THIS SQUADRON IS A SUBORDINATE UNIT OF THE
1974TH COMM GP.
ARTICLES OF AGREEMENT
THE CONTROL TOWER IS AN RTAF OWNED FACILITY. THESE ARTICLES OUTLINE
THE CONDITIONS FOR JOINT USAF/RTAF UTILIZATION OF THIS FACILITY.
ARTICLE 1 - FACILITY DESCRIPTION
FOR THE PURPOSE OF THIS AGREEMENT, THE CONTROL TOWER INCLUDES THE
BUILDING IN WHICH THE CONTROL TOWER EQUIPMENT IS LOCATED AND ONLY THOSE
ITEMS OF COMMUNICATIONS ELECTRONICS EQUIPMENT PROVIDED IN DIRECT SUPPORT
OF THE CONTROL TOWER.
ARTICLE 2 - CONSUMMATION
THIS AGREEMENT WILL BE CONSUMMATED WHEN ALL APPLICABLE AND DULY
AUTHORIZED PARTIES HAVE SIGNED THIS AGREEMENT.
ARTICLE 3 - OPERATION AND MAINTENANCE
1. THE RTAF WILL HAVE OPERATION AND MAINTENANCE RESPONSIBILITY FOR
THE TAKHLI CONTROL TOWER.
2. THE 2083RD COMM SQ, IN COORDINATION WITH THE RTAF, WILL SCHEDULE
AND MANAGE THE PREVENTIVE MAINTENANCE INSPECTION (PMI) PROGRAM.
3. TECHNICAL ORDER PUBLICATIONS: THE RTAF WILL BE RESPONSIBLE FOR
ESTABLISHING TECHNICAL ORDER PUBLICATION REQUIREMENTS AND REQUISITIONING
ALL REQUIRED DATA THROUGH THE RTAF CHANNELS FOR THIS FACILITY. THE RTAF
WILL USE THESE TECHNICAL ORDERS AND MAINTAIN THEIR CURRENCY. THE 2083RD
COMM S WILL ASSIST THE RTAF, AS NECESSARY, IN IDENTIFYING THEIR
REQUIREMENTS, ORDERING AND MAINTAINING THE CURRENCY OF THE TECHNICAL
ORDERS.
4. TEST EQUIPMENT: THE RTAF IS RESPONSIBLE FOR PROVIDING ALL TEST
EQUIPMENT REQUIRED TO SUPPORT THIS FACILITY. THE 2083RD COMM SQ WILL
ASSIST THE RTAF, AS NECESSARY, IN IDENTIFYING THESE REQUIREMENTS.
ARTICLE 4 - LOGISTICS
1. SUPPLY SUPPORT: THE RTAF CURRENTLY HAS A LIMITED CAPABILITY IN
THIS AREA AND CAN ONLY DEVELO IT FURTHER BY UTILIZING ALL AVAILABLE
RESOURCES. MAXIMUM UTILIZATION OF THE RTAF SUPPLY SYSTEM IS REQUIRED IN
ORDER FOR THE RTAF TO BECOME SELF SUFFICIENT. ALL COMPONENT PARTS
REQUIRED TO MAINTAIN THIS FACILITY WILL BE REQUISITIONED THROUGH THE
RTAF SUPPLY SYSTEM. IF THE RESPONSE OF THE RTAF IS INADEQUATE TO MEET
USAF MISSION REQUIREMENTS, IT WILL BE THE RESPONSIBILITY OF THE 2083RD
COMM SQ T REQUISITION THOSE REQUIRED COMPONENT PARTS, IAW APPLICABLE
USAF REGULATIONS, FROM USAF RESOURCES AN WITHOUT REIMBURSEMENT FROM THE
RTAF OR FROM THE MILITARY ASSISTANCE PROGRAM (MAP).
2. PMEL SUPPORT: WILL BE PERFORMED IN ACCORDANCE WITH PROVISIONS
CONTAINED IN PMEL SUPPORT AGREEMENT FOR TAKHLI RTAFB EFFECTIVE 1 JAN 73.
3. CIVIL ENGINEERING SUPPORT:
(A) POWER PRODUCTION: PRIMARY POWER IS TO BE SUPPLIED FROM BASE
POWER SOURCE AND WILL BE MAINTAINED BY THE USAF.
(B) AIR CONDITION SUPPORT: THE USAF WILL BE RESPONSIBLE FOR
MAINTENANCE OF THE INSTALLED AIR CONDITIONING UNITS.
(C) REAL PROPERTY SUPPORT: THE RTAF WILL FURNISH REAL PROPERTY
SUPPORT. USAF WILL REQUISITION PARTS TO RETURN THE FACILITY TO
OPERATION IF THE RTAF IS UNABLE TO PROCURE THEM THROUGH RTAF SUPPLY
CHANNELS.
ARTICLE 5 - TRAINING
1. THE 1974TH COMM GP, IF REQUESTED, WILL ASSIST IN ESTABLISHING A
MAP IN-COUNTRY OJT PROGRAM FO THE RTAF MAINTENANCE TECHNICIANS IAW AFM
50-29 AND PACAF SUP 1 THERETO. THIS TRAINING PROGRAM WILL BE DESIGNED
TO INCREASE THE PROFICIENCY OF THE RTAF TECHNICIANS TO THE LEVEL
NECESSARY TO MAINTAIN THIS AIR TRAFFIC CONTROL FACILITY.
2. THE 2083RD COMM SQ WILL BE RESPONSIBLE FOR THE CONTROL AND
SCHEDULING REQUIRED TO UP-GRADE TH RTAF CONTROL TOWER MAINTENANCE
PERSONNEL ASSIGNED TO THIS FACILITY. THE RTAF BASE COMMUNICATIONS
OFFICER WILL BE RESPONSIBLE FOR SELECTION OF RTAF CONTROL TOWER
MAINTENANCE PERSONNEL REQUIRING TRAINING AND THEIR REPORTING AT THE
SPECIFIED TIME AND PLACE FOR TRAINING.
3. THE BASE FOREIGN TRAINING OFFICER, 6280TH COMBAT SUPPORT GROUP,
TAKHLI RTAFB, WORKING IN COORDINATION WITH THE 2083RD COMM SQ, WILL BE
RESPONSIBLE FOR MONITORING AND COORDINATING THIS TRAINING EFFORT UNDER
THE PROVISIONS OF AFM 50-29. THE BASE FTO WILL SERVE AS A FOCAL POINT
FOR COORDINATION BETWEEN THE 2083RD COMM SQ AND THE RTAF BASE COMM
OFFICER, IN CONJUNCTION WITH THE TRAINING OBJECTIVE SPECIFIED BY THE AIR
FORCE ADVISORY GROUP, THAILAND.
4. IN MEETING THE OBJECTIVE OF THIS TRAINING THE RTAF BASE COMM
OFFICER WILL BE RESPONSIBLE FOR INSURING THAT RTAF CONTROL TOWER
MAINTENANCE PERSONNEL ADHERE TO THE TRAINING SCHEDULE PUBLISHED IA THE
TRAINING DURATION ANNOUNCED IN THE INVITATIONAL TRAVEL ORDER. THE
TRAINING SCHEDULE WILL ONLY BE ALTERED WHEN IN FACT IT CAUSES A
DEGRADATION OF THE PRIMARY MISSION OF THE UNIT AS DETERMINED BY THE
2083RD COMM SQ COMMANDER, SUCH CHANGES WILL BE REPORTED BY FTO TO THE
AIR FORCE ADVISORY GROUP, THAILAND.
ARTICLE 6 - CHANGES TO THE AGREEMENT
1. THIS AGREEMENT BECOMES NULL AND VOID IF IN CONFLICT WITH ANY
TREATY, DECLARATION, OR AGREEMEN SUBSEQUENTLY NEGOTIATED BETWEEN THE
RESPECTIVE GOVERNMENTS OF THE UNITED STATES OF AMERICA AND THAILAND.
(A) ANY REVISION OR CHANGES TO THIS AGREEMENT MUST BE COORDINATED
WITH ALL PARTIES. SUCH REVISIONS OR CHANGES WILL BE IN WRITING, SIGNED
BY ALL PARTIES AND WILL BECOME AN ATTACHMENT TO THE BASIC AGREEMENT.
ARTICLE 7 - EFFECTIVE DATE
THIS AGREEMENT BECOMES EFFECTIVE WHEN ALL PARTIES LISTED BELOW HAVE
CONCURRED WITH ITS CONTENTS AND SO INDICATED BY SIGNING BELOW. IT WILL
REMAIN IN EFFECT FOR A PERIOD OF ONE YEAR FROM THE DATE OF THE LAST
SIGNATURE UNLESS THE 2083RD COMM SQ IS TRANSFERRED, PHASED-OUT, OR
DEACTIVATED PRIOR TO THAT DATE. RENEWAL OF THIS AGREEMENT IF DESIRED,
WILL BE RE-NEGOTIATED BY THE INTERESTED PARTIES PRIOR TO THE TERMINATION
DATE.
(SIGNATURES OMITTED)
CHINA, REPUBLIC OF 20 OCT 1973 FLITE DOCUMENT NO. 7502475
AGREEMENT
ESTABLISH AN AMMUNITION/EXPLOSIVES OFF-LANDING FACILITY IN SUPPORT OF
THE USAF MISSION AT CCK AB, TAIWAN
THE CHINESE AIR FORCE AND THE UNITED STATES AIR FORCE FACILITY USE
AGREEMENT ON AMMUNITION/EXPLOSIVES OFF-LOADING FACILITY AT 4TH CHINESE
ARMORED BATTALION, ROC ARMY CAMP, CCK AB
FACILITY NO. 89015
CONSIDERING: THE REQUIREMENT FOR AN AMMUNITION/EXPLOSIVES
OFF-LOADING FACILITY IN SUPPORT OF USA MISSION AT CCK AB, TAIWAN. AN
AGREEMENT FOR THE USE OF THE CA FACILITY AT THE ROC ARMY CAMP, LOCATED
ON CAF LAND IS URGENTLY NEEDED TO PROVIDE AN EXPEDITIOUS AND SAFE MEANS
OF TRANSPORTING EXPLOSIVES FROM TAIPEI TO CCK AB.
DESIRING: TO UTILIZE EXISTING CHINESE ARMY OFF-LOAD OR ON-LOAD
AMMUNITION FACILITY/AREA LOCATED ON THE ROC ARMY CAMP, 4 MILES SOUTH OF
CCK AF.
THEREBY: ESTABLISH AN AMMUNITION/EXPLOSIVES OFF-LANDING FACILITY
(CAF CODE 890-152) IN SUPPORT O THE USAF MISSION AT CCK AB, TAIWAN.
THEREFORE: THE CHINESE AIR FORCE AND THE UNITED STATES AIR FORCE
PURSUANT TO PROVISIONS OF ARTICLE III OF STATUS OF FORCES AGREEMENT
BETWEEN THE GOVERNMENT OF THE REPUBLIC OF CHINA AND THE GOVERNMENT OF
THE UNITED STATES OF AMERICA, AGREE AS FOLLOWS:
ARTICLE 1 FOR THE PURPOSE OF THIS AGREEMENT THE FOLLOWING
ABBREVIATIONS WILL BE USED:
CAF - CHINESE AIR FORCE
CA - CHINESE ARMY
USAF - UNITED STATES AIR FORCE
SOFA - STATUS OF FORCES AGREEMENT BETWEEN THE GOVERNMENT OF THE
REPUBLIC OF CHINA AND THE GOVERNMENT OF THE UNITED STATES OF AMERICA.
CCK - CHING CHUAN KANG AIR BASE, TAIWAN.
ARTICLE 2 THE CA AMMUNITION/EXPLOSIVES OFF-LOADING AREA AT ROC ARMY
CAMP (4TH CHINESE ARMORED BATTALION) SHALL BE MANAGED BY CA. USAF WILL
UTILIZE THIS FACILITY ON AN INTERMITTENT BASIC AFTER NOTIFICATION TO AND
APPROVAL FROM THE CAF & CA. THE CAF SHALL RETAIN OWNERSHIP OF THE LAND
AREA.
A. BOTH CA AND USAF PERSONNAL SHALL OPERATE, UTILIZE, AND MAINTAIN
THE CA OFF-LOADING AREA/FACILITY IN ACCORDANCE WITH THE TERMS OF THIS
AGREEMENT AND ARTICLE III OF SOFA.
B. CAF & CA AGREE THAT THE USAF MAY HAVE USE OF THE PRESENT
OFF-LANDING AREA/FACILITY DESCRIBED IN ATTACHMENT 1 OF THIS AGREEMENT
BUT SUBJECT TO CAF, CA, USAF DIRECTIVES, AND ARTICLE III OF SOFA.
MAINTENANCE AND IMPROVEMENTS TO THE CA OFF-LOADING AREA/FACILITY WILL BE
UNDER THE TERMS OF ARTICLE III OF SOFA.
ARTICLE 3 WHEN JOINT UTILIZATION OF THE OFF-LANDING AREA/FACILITY IS
NO LONGER DEEMED ESSENTIAL BY THE USAF, THE TERMS OF THIS AGREEMENT WILL
TERMINATE.
ARTICLE 4 THIS OFF-LOADING FACILITY MEETS THE EXPLOSIVES SAFETY
STANDARD OF "EXPOSE THE MINIMUM NUMBER OF PEOPLE TO THE MINIMUM AMOUNT
OF EXPLOSIVES FOR THE MINIMUM AMOUNT TO TIME" BETTER THAN AN OTHER
AVAILABLE OFF-LANDING AREA. ADDITIONALLY, THE OFF-LOADING FACILITY WILL
BE A "USE ONLY" FACILITY WITH OFF-LOAD OR ON-LOAD OF MUNITIONS THE ONLY
ACTIVITY. THERE WILL BE NO STORAGE OF MUNITIONS, ACQUISITION OR
CONSTRUCTION OF BUILDINGS REQUIRED. REPAIR OF THIS FACILITY BY USAF
WOUL BE REQUIRED ONLY IN THE EVENT OF A USAF EXPLOSIVES
ACCIDENT/INCIDENT.
ARTICLE 5 CONCERNING SAFETY OF AMMUNITION/EXPLOSIVES
LOADING/OFF-LOADING USAF WILL CONDUCT THE ACTIVITIES IN ACCORDENCE WITH
AFM-127-100 MANUAL.
ARTICLE 6 DURING THE LOADING/OFF-LOADING PERIOD USAF WILL TAKE CARE
OF GUARD THEMSELVES. IF NECESSARY THE AREA MILITARY POLICE MAY BE
COORDINATED FOR ASSISTANCE.
ARTICLE 7 USAF WILL NOTIFY 3RD TFW CAF THE DATE AND TIME OF UTILIZING
THIS FACILITY AS EARLY AS POSSIBLE SO AS TO CONVEY THE INFORMATION TO CA
AND CONCERNED UNITS.
ARTICLE 8 REVISION TO THIS AGREEMENT WILL REQUIRE CONCURRENCE OF BOTH
PARTIES.
ARTICLE 9 THIS AGREEMENT BECOMES EFFECTIVE ON THE DATE OF SIGNATURE.
/S/ PANG PI-TEH, COL CAF
3RD AIR BASE GROUP COMMANDER
/S/ LEWIS H. RICHARDSON, COL, USAF
374 COMBAT SUPPORT GROUP COMMANDER
EFFECTIVE 20 OCT 1973
(ATTACHMENT 1 - OFF-LANDING AREA DIAGRAM OMITTED)
CHINA, REPUBLIC OF 16 OCT 1973 FLITE DOCUMENT NO. 7502474
OPERATIONS LETTER
TO ESTABLISH PROCEDURES FOR THE TIMELY DISSEMINATION OF WEATHER
INFORMATION BETWEEN THE CCK WEATHER FACILITIES AND AIR TRAFFIC CONTROL
FACILITIES
OPERATIONS LETTER BETWEEN 2129 COMM SQ (USAF) CCK BASE OPERATIONS
(USAF) DET 23, 1ST WEATHER WING (USAF) 3RD BASE WEATHER CENTER (CAF) 3RD
ATC/COMM SQ (CAF)
CCK CONTROL TOWER LETTER NO. 12
CCK RAPCON LETTER NO. 9.
DET 23, 1ST WEATHER WING LETTER NO.
3RD BASE WEATHER CENTER LETTER NO.
2129 COMM SQ MAINTENANCE LETTER NO.
CCK BASE OPERATIONS LETTER NO.
SUBJECT: WEATHER DISSEMINATION AND MAINTENANCE PROCEDURES
EFFECTIVE: 16 OCT 1973
(CANCELS CCK RAPCON LETTER NO. 9; CCK CONTROL TOWER LETTER NO. 12;
DET 23, 1ST WEATHER WING LETTE (UNNUMBERED); 2129 COMM SQ MAINT LETTER
NO. _____ DATED 1 APR 1972)
1. PURPOSE: TO ESTABLISH PROCEDURES FOR THE TIMELY DISSEMINATION OF
WEATHER INFORMATION BETWEEN THE CCK WEATHER FACILITIES AND AIR TRAFFIC
CONTROL FACILITIES. PROVIDE FOR THE MAINTENANCE AND OPERATION OF THE
CCK PILOT TO FORECASTER SERVICE (PFSV), AND INSURE THE RELIABILITY OF
DUAL WIND SENSORING EQUIPMENT. TO PROVIDE FOR TRAINING AND
CERTIFICATION OF USAF CONTROL TOWER PERSONNEL IN MAKING LIMITED WEATHER
OBSERVATION AS REQUIRED BY AFM 60-5 AND OUTLINED IN AWSP 50-8 AND AWSR
50-10
2. THIS LETTER IS APPLICABLE TO THE 3RD BASE WEATHER CENTER (CAF),
3RD ATC/ COMM SQ (CAF), DETACHMENT 23, 1ST WEATHER WING (MAC) USAF AND
2129TH COMMUNICATIONS SQUADRON (AFCS) USAF, PURSUANT TO THE STATUS OF
FORCES AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF CHINA AND THE
UNITED STATES OF AMERICA WITH SPECIFIC AUTHORITY DERIVED FROM PARAGRAPH
5, ARTICLE III OF THE STATUS OF FORCES AGREEMENT.
3. WEATHER DISSEMINATION PROCEDURES:
A. THE CAF WEATHER OBSERVER IN THE REPRESENTATIVE WEATHER OBSERVATION
SITE (RWOS) SHALL:
(1) PROVIDE CCK CONTROL TOWER AND RAPCON WITH TIMELY WEATHER DATA
INCLUDING RECORD, SPECIAL AND LOCAL OBSERVATION VIA THE AUTOWRITER.
(2) RELAY WEATHER INFORMATION VIA THE WEATHER NET OR OTHER TELEPHONE
COMMUNICATION WHEN THE AUTOWRITER IS INOPERATIVE. THE CONVERSATION MAY
BE IN CHINESE.
(3) APPEND RUNWAY CONDITION REPORTS SUCH AS "WET RUNWAY" TO WEATHER
OBSERVATIONS WHEN PROVIDED WITH THIS INFORMATION BY THE USAF WEATHER
STATION.
B. THE USAF WEATHER STATION SHALL:
(1) PROVIDE TWELVE HOUR TERMINAL FORECASTS, SIGNIFICANT PILOT REPORTS
(PIREPS), MET WATCH ADVISORIES AND WEATHER WARNINGS FOR CCK VIA THE
AUTOWRITER WITH THE TELEPHONE AS BACKUP. TELEPHONE DISSEMINATION WILL
BE TO RAPCON AND CONTROL TOWER IN THAT ORDER. WEATHER WARNING WILL BE
DISSEMINATED TO BASE OPERATIONS IN PERSON AFTER AUTOWRITER DISSEMINATION
OR BACKUP TELEPHONE TO RAPCON, CONTROL TOWER AND THE 18/374 COMMAND
POST.
(2) ISSUE MET WATCH ADVISORIES FOR THE FOLLOWING OCCURRENCES:
(A) THUNDERSTORMS WITHIN 30 MILES OF THE WEATHER RADAR TOWER
(B) SEVERE TURBULENCE WITHIN 30 MILES.
(C) DUE TO THE IMPACT ON OPERATIONS RESULTING FROM BELOW MINIMUM
CONDITIONS THE MET WATCH ADVISORY FOR THIS CRITERIA WILL BE OF THE
FORECAST NATURE WITH A DESIRED LEAD TIME OF THIRTY MINUTES.
(3) ISSUE WEATHER WARNINGS OVER THE TELAUTOGRAPH PRECEDED BY THE
WORDS "MILITARY WEATHER WARNING FOR THE FOLLOWING CONDITIONS: (DEFINED
ASA 5 MILE RADIUS CIRCLE CENTERED ON THE WEATHER RADAR TOWER). THIS
DESIRED LEAD TIME IS 30 MINUTES.
(B) HEAVY RAIN - 2 OR MORE INCHES OF RAIN IN 12 HOURS. OWING TO THE
NATURE OF THIS WARNING, LEA TIMES CAN NOT BE SPECIFIED.
(C) SURFACE WINDS EXCEEDING 34, OR 45 KNOTS, STEADY OR IN GUSTS. THE
DESIRED LEAD TIME IS ONE HOUR.
(D) TORNADOES IN THE TERMINAL AREA. THE DESIRED LEAD TIME IS 30
MINUTES.
(4) NOTIFY BASE OPERATIONS AND THE COMMAND POST WHEN THUNDERSTORMS OR
CONVECTIVE ECHOES WITH TOP TO 25,000 FEET OR MORE ARE OBSERVED WITHIN 3
NM OF THE RADAR TOWER AND AGAIN WHEN ACTIVITY IS NO LONGER PRESENT.
(5) MAINTAIN A PROGRAM TO TRAIN AND CERTIFY USAF CONTROL TOWER
PERSONNEL IN MAKING LIMITED WEATHER OBSERVATIONS AS REQUIRED BY AFM
60-5.
(6) THE USAF BASE WEATHER FORECASTER SHALL PROVIDE AN ADEQUATE
BRIEFING ON CURRENT AND FORECAST WEATHER CONDITIONS TO ATC PERSONNEL
UPON REQUEST.
(7) THE USAF BASE WEATHER FORECASTER WILL NOTIFY THE CAF WEATHER
OBSERVER OF RUNWAY CONDITIONS, SUCH AS "WET RUNWAY" AND CHANGES THERETO,
UPON RECEIPT FROM BASE OPERATIONS.
C. 2129 COMM SQ/3RD ATC COMM SQ CONSISTENT WITH EQUIPMENT AND
WORK-LOAD CAPABILITIES SHALL:
(1) INSURE CONTROLLERS ACCEPT ALL PIREPS, OBTAIN PIREPS ON REQUEST OF
THE WEATHER STATION, OR WHEN DEEMED NECESSARY AND RELAY THIS INFORMATION
TO THE USAF WEATHER STATION.
(2) INSURE RAPCON CONTROLLERS NOTIFY THE USAF WEATHER STATION WHEN
UNUSUAL PHENOMENA OR WEATHER ECHOES ARE OBSERVED ON RADAR. DURING
PERIODS OF WEATHER RADAR OUTAGES, USAF WEATHER PERSONNEL MAY INITIATE
CALLS TO THE RAPCON, AS REQUIRED, TO OBTAIN INFORMATION ON WEATHER
ECHOES IN THE LOCAL FLYING AREA.
(3) AIR TRAFFIC CONTROL PERSONNEL WILL RELAY WEATHER INFORMATION,
INCLUDING WEATHER WARNINGS AND MET WATCH ADVISORIES, TO AIRCRAFT UNDER
THEIR CONTROL AS DEEMED PERTINENT TO SAFETY OF FLIGHT.
(4) WORKLOAD PERMITTING, CONTROL TOWER PERSONNEL SHALL NOTIFY THE
USAF DUTY FORECASTER WHENEVER WEATHER PHENOMENA ARE OBSERVED WHICH MAY
EFFECT THE LOCAL FLYING AREA AND WERE NOT PREVIOUSLY REPORTED.
OBSERVATIONS OR QUESTIONS REGARDING ACCURACY OF REPORTED WEATHER
CONDITIONS SHALL NOT BE DIRECTED TO THE RWOS OBSERVOR.
D. BASE OPERATIONS SHALL:
(1) PROVIDE ADDITIONAL DISSEMINATION OF WEATHER WARNINGS IN
ACCORDANCE WITH CURRENT BASE OPERATIONS DIRECTIVES.
(2) NOTIFY TOWER, RAPCON, DATA AUTOMATION AND BASE SUPPLY WHEN
THUNDERSTORMS OR CONVECTIVE ECHOE OF 25,000 FEET OR MORE ARE WITHIN FIVE
MILES OF THE BASE IN ACCORDANCE WITH CURRENT BASE OPERATIONS DIRECTIVES.
NOTIFICATION WILL AGAIN BE PROVIDED WHEN THE ACTIVITY IS NO LONGER
PRESENT.
(3) NOTIFY THE USAF WEATHER STATION OF ANY CHANGES IN THE FIELD
MINIMUMS DUE TO CHANGES IN THE NAVAID STATUS.
(4) NOTIFY THE USAF WEATHER STATION OF RUNWAY CONDITIONS SUCH AS "WET
RUNWAY" AND CHANGES THERETO.
4. ALTERNATE WEATHER DISSEMINATION PROCEDURES:
A. IF THE AUTOWRITER SYSTEM BECOMES UNUSABLE, THE FACILITY OBSERVING
THIS CONDITION SHALL NOTIFY THE RWOS. IN ADDITION, THE CONDITION SHALL
BE REPORTED TO THE 2129 COMM SQ NCMO AND A WORK-ORDER NUMBER OBTAINED.
PERTINENT DETAILS SHALL BE ENTERED IN THE DAILY REPORT OF CONTROLLER (AF
FORM 1132) AND WEATHER STATION LOG AS APPROPRIATE.
B. DURING AUTOWRITER OUTAGES, THE CAF OBSERVER SHALL PROMPTLY RELAY
WEATHER TO ATC FACILITIES VI THE WEATHER NET. IF THE WEATHER NET IS
INOPERATIVE, RELAY WILL BE BY OTHER TELEPHONE CONTACT. IN CASE OF
SINGLE LINE DISSEMINATION RAPCON WILL HAVE FIRST PRIORITY.
C. READ BACK OF WEATHER DATA SHALL BE REQUIRED ONLY ON NON-RECORDED
LINES. IT SHALL BE THE RESPONSIBILITY OF THE CONTROL TOWER TO ADVISE
THE WEATHER STATION OF A NON-RECORDED LINE. IT SHALL BE THE
RESPONSIBILITY OF THE FACILITY INVOLVED TO ADVISE THE WEATHER STATION IN
CASE OF SINGLE LINE DISSEMINATION.
5. PILOT TO FORECASTER SERVICE (PFSV) PROCEDURES:
A. THE 2129 COMM SQ SHALL:
(1) MAINTAIN THE PFSV EQUIPMENT IN OPERATING CONDITION.
(2) PROVIDE THE USAF WEATHER STATION RADIO CHECKS UPON REQUEST THRU
THE CONTROL TOWER OR RAPCON.
(3) THE USAF TOWER CHIEF AUGMENTEE WILL PROVIDE USAF BASE WEATHER
PERSONNEL ESSENTIAL TRAINING I ATC PHRASEOLOGIES, MICROPHONE TECHNIQUES
AND ATC SUBJECTS AS REQUIRED.
B. THE USAF WEATHER DET 23, 1ST WEATHER WING WILL REPORT ALL
MALFUNCTIONS AND/OR IRREGULARITIES IN PFSV EQUIPMENT TO THE 2129 COMM SQ
NCMO.
6. OPERATIONAL RESPONSIBILITIES FOR DUAL WIND EQUIPMENT:
A. THE RWOS OBSERVER SHALL MAKE PERIODIC CHECKS OF WIND DIRECTION
AGAINST OBJECTS WHICH ARE EASILY MOVED BY THE WIND E.G., WIND VANE,
FLAGS, ETC ... TO GUARD AGAINST THE POSSIBILITY THAT TH WIND SENSORS ARE
PROVIDING ERRONEOUS INFORMATION.
B. IF WIND SPEED/DIRECTION MEASUREMENT OF THE WIND DIRECTION
INDICATOR ARE SUSPECTED OF MALFUNCTION, THE USE OF THE DUAL WIND
SENSORING EQUIPMENT SHALL BE SUSPENDED. THE TOWER CONTROLLER SHALL
PROMPTLY NOTIFY THE CAF WEATHER OBSERVER AND THE SYSTEM SHALL BE LOGGED
OUT. THE RWOS OBSERVER SHALL NOTIFY USAF WEATHER MAINTENANCE PERSONNEL.
7. THIS OPERATIONS LETTER WILL BE REVIEWED BY ALL SIGNATORIES AT 6
MONTH INTERVALS AND MAY BE TERMINATED BY ANY PARTY GIVING WRITTEN
NOTIFICATION TO THE OTHER PARTIES AT LEAST THIRTY DAYS PRIOR TO DATE OF
TERMINATION.
SIGNED
MARVIN R. BREAUX, LT COL, USAF
COMMANDER, 2129 COMM SQ
CHING CHUAN KANG AB, TAIWAN (ROC)
SIGNED
VANN B. GIBBS, JR., MAJOR, USAF
COMMANDER, DET 23, 1 WWG
CHING CHUAN KANG AB, TAIWAN (ROC)
SIGNED
DEMPSEY B. CLINARD, LT COL, USAF
BASE OPERATIONS OFFICER
CHING CHUAN KANG AB, TAIWAN (ROC)
SIGNED
HSIEH, PUNG-KUEI, LT COL, CAF
COMMANDER, 3RD BASE WEA CENTER
CHING CHUAN KANG AB, TAIWAN (ROC)
SIGNED
CHU, YOU-SHUH, LT COL, CAF
COMMANDER, 3RD ATC/COMM SQ
CHING CHUAN KANG AB, TAIWAN (ROC)
CHINA, REPUBLIC OF 7 OCT 1973 FLITE DOCUMENT NO. 7502473
LETTER OF AGREEMENT
ALTITUDE RESERVATION PROCESSING AND COORDINATION PROCEDURES
LETTER OF AGREEMENT BETWEEN PACIFIC MILITARY ALTITUDE RESERVATION
FACILITY (PACMARF), TAIPEI AREA CONTROL CENTER (TACC), AND 327TH AIR
DIVISION AIR OPERATIONS CENTER (327AD ACC)
PACMARF LETTER NO. 1
TAIPEI ACC LETTER NO. 1
327 AD ACC LETTER NO. 1
SUBJECT: ALTITUDE RESERVATION PROCESSING AND COORDINATION PROCEDURES
EFFECTIVE: 7 OCTOBER 1973
1. THE PURPOSE OF THIS AGREEMENT IS TO ESTABLISH THE PROCEDURE BY
WHICH ALTITUDE RESERVATION (ALTRV) REQUESTS WILL BE PROCESSED BETWEEN
PACMARF AND TAIPEI AREA CONTROL CENTER (TACC) FOR AIRSPACE UTILIZATION
WITHIN THE TAIPEI FLIGHT INFORMATION REGION (FIR), OR UNDER THE
JURISDICTION O TAIPEI ACC (AIRWAY RED 71). THIS AGREEMENT FURTHER
ESTABLISHES THE REQUIREMENT FOR LONG RANGE COORDINATION OF ALTRV'S AND
NOTIFICATION OF TAIPEI ACC OF SHORT NOTICE DEVIATIONS OF APPROVED
ALTRV'S.
2. ALTRV'S WILL BE PROCESSED AS OUTLINED IN PACAF REGULATION 55-12
UTILIZING THE 327AD ACC AS A COMMUNICATIONS LINK BETWEEN PACMARF AND
TAIPEI ACC.
3. ALTITUDE RESERVATION INFORMATION WILL BE PROVIDED TO TAIPEI ACC
IN THE FOLLOWING FORMAT:
A. CALL SIGN (PLUS SIDE NUMBER WHEN AVAILABLE).
B. NUMBER OF AIRCRAFT.
C. POINT OF DEPARTURE (ONLY IF ORIGINATING WITHIN THE TAIPEI FIR).
D. ROUTE AND CONTROL INFORMATION TO INCLUDE: ROUTE OF FLIGHT, FIRST
AND LAST AIRCRAFT TIMES IN GMT FOR FIR PENETRATION, FIX POINTS AND FIR
EXIT; FLIGHT LEVEL TO INCLUDE CLIMB, DESCENT AND LEVEL OFF POINTS;
SPECIAL MANEUVERS WITHIN THE ALTRV SUCH AS REFUELING, ORBITS, ETC.;
ENROUTE CHANGES IN MISSION PROFILE.
E. DESTINATION AND ETA IF TERMINATING WITHIN THE TAIPEI FIR.
F. DEPARTURE TIMES IN GMT WHEN DEPARTING FROM BASES WITHIN THE TAIPEI
FIR AND DEPARTURE INTERVAL BETWEEN AIRCRAFT TO INCLUDE AVANA TIME.
G. REMARKS TO INCLUDE MARSA AND ANY OTHER INFORMATION PERTINENT TO
THE MISSION PROFILE.
4. ALTRV REQUESTS WILL BE ROUTED BY PACMARF THROUGH THE 327 AD ACC
TO TAIPEI ACC FOR APPROVAL. APPROVALS, DISAPPROVALS, OR RECOMMENDATIONS
ON ROUTE CHANGES WILL BE PASSED FROM TAIPEI ACC THROUGH THE 327AD ACC TO
PACMARF.
5. COORDINATION OF ALTRV'S BY PACMARF WITH TAIPEI ACC FOR NEW AND OR
SPECIAL MISSIONS WILL BE ACCOMPLISHED AS SOON AS POSSIBLE PRIOR TO
MISSION IMPLEMENTATION. COORDINATION SHOULD BE DIRECT OR VIA 327AD ACC
AS THE SITUATION DICTATES. CHANGES TO APPROVED ALTRV'S WILL BE
COORDINATED WITH THE TAIPEI ACC BY THE MOST EXPEDITIOUS MEANS.
SIGNED
COMMANDER, 1961ST COMM GROUP (AFCS)
SIGNED
CHIEF COMBAT OPERATIONS CENTER
327TH AIR DIVISION
SIGNED
CHIEF, TAIPEI AREA CONTROL CENTER AIR
NAVIGATION AND WEATHER SERVICES CCAA
28 AUG 1973
CHINA, REPUBLIC OF 15 AUG 1973 FLITE DOCUMENT NO. 7502472
OPERATIONS LETTER
TOWER/RADAR VISUAL COORDINATION SYSTEM
OPERATIONS LETTER BETWEEN CHING CHUAN KANG TOWER AND CHING CHUAN KANG
APPROACH CONTROL
CHING CHUAN KANG TOWER OPERATIONS LETTER NO. 2 CHING CHUAN KANG
APPROACH CONTROL OPERATIONS LETTE NO. 2
SUBJECT: TOWER/RADAR VISUAL COORDINATION SYSTEM EFFECTIVE: 15 AUG
1973
(CANCELS CCK RAPCON OPERATIONS LETTER NO. 2, CCK TOWER OPERATIONS
LETTER NO. 2, DATED 25 JUN 71)
1. TO INSURE PROPER SEQUENCING OF ARRIVING AIR TRAFFIC OPERATING
UNDER THE JURISDICTION OF CCK APPROACH CONTROL AND CCK CONTROL TOWER,
CONTROLLERS WILL COMPLY WITH PROCEDURES AS OUTLINED BELOW:
A. LIGHT MEANING VOICE TRANSMISSION
FLASHING WHITE AIRCRAFT IS 15 FLYING AIRCRAFT CALL SIGN,
(ACTIVATED BY RAPCON) MILES FROM TOUCHDOWN TYPE AND TYPE LANDING
STEADY WHITE TOWER ACKNOWLEDGES NONE
(ACTIVATED BY TOWER)
FLASHING AMBER AIRCRAFT IS 10 MILES NONE
(ACTIVATED BY RAPCON) FROM TOUCHDOWN
STEADY AMBER TOWER APPROVES AIRCRAFT NONE
(ACTIVATED BY TOWER) PROCEEDING TO 3 MILES
FLASHING GREEN AIRCRAFT IS 6 MILES "FULL STOP/LOW
(ACTIVATED BY RAPCON) FROM TOUCHDOWN APPROACH/TOUCH AND
STEADY GREEN TOWER APPROVES LANDING/ "CLEARED FOR TOUCH
(ACTIVATED BY TOWER) TOUCH AND GO/ LOW AND GO/LOW APPROACH/
FLASHING RED GO AROUND GO AROUND AS
(ACTIVATED BY TOWER) SPECIFIED IN PARA 3
STEADY RED RAPCON HAS TRANSMITTED "TOWER CLEARANCE
(ACTIVATED BY RAPCON) GO AROUND INSTRUCTIONS. CANCELLED" (IF
B. IF TOWER CLEARANCE IS NOT RECEIVED AT SIX MILES, RAPCON WILL
CONTINUE THE APPROACH AND ADVISE THE TOWER WHEN THE AIRCRAFT REACHES 4
MILES FROM TOUCHDOWN. IN NO CASE SHALL AN APPROACH BE CONTINUED CLOSER
THAN THREE MILES FROM TOUCHDOWN/RUNWAY WITHOUT TOWER CLEARANCE. IF
TOWER CLEARANC IS NOT RECEIVED APPROPRIATE MISSED APPROACH INSTRUCTIONS
SHALL BE ISSUED.
C. TOWER CONTROLLERS SHALL NOT STEADY ANY LIGHTS UNTIL ASSOCIATED
VOICE TRANSMISSIONS ARE RECEIVED.
D. RAPCON CONTROLLERS WILL NOT CLEAR AN AIRCRAFT TO LAND UNTIL
RECEIVING A VERBAL CLEARANCE ACCOMPANIED WITH A GREEN LIGHT.
2. MULTIPLE APPROACH PROCEDURES:
A. DURING MULTIPLE APPROACHES THE CONTROLLER UTILIZING THE COMM LINE
WILL SUFFIX ALL VOICE COORDINATION WITH "COMM LINE".
B. THE CONTROLLER OF THE SECOND AIRCRAFT ON FINAL SHALL CANCEL THE
STEADY GREEN LIGHT AND ACTIVATE THE FLASHING GREEN LIGHT WHEN HIS
AIRCRAFT REACHES A POINT SIX MILES ON FINAL.
C. THE FLASHING RED LIGHT SHALL BE ACTIVATED BY THE TOWER FOR THE
FIRST AIRCRAFT ON FINAL ONLY. SHOULD THE TOWER WISH TO DISCONTINUE THE
APPROACH OF THE SECOND AIRCRAFT ON FINAL, COORDINATION SHALL BE BY VOICE
PROCEDURES ONLY ON BOTH THE PAR/COMM LINE, I.E. "NUMBER 2 AIRCRAFT GO
AROUND" (FURTHER INSTRUCTIONS IF NECESSARY).
3. GO AROUND PROCEDURES
A. RUNWAY 36
TOWER TO RAPCON RAPCON TO AIRCRAFT
GO AROUND "TOWER CLEARANCE CANCELLED, CLIMB AND
GO AROUND LEFT TOWER CLEARANCE CANCELLED CLIMB AND
GO AROUND RIGHT "TOWER CLEARANCE CANCELLED, TURN RIGHT
B. RUNWAY 18
TOWER TO RAPCON RAPCON TO AIRCRAFT
GO AROUND "TOWER CLEARANCE CANCELLED, CLIMB AND
GO AROUND RIGHT "TOWER CLEARANCE CANCELLED, CLIMB AND
GO AROUND LEFT "TOWER CLEARANCE CANCELLED, TURN LEFT
SIGNED
CHU, YU-SHUH, LT COL, CAF
COMMANDER, 3RD, ATC/COMM SQ
CHING CHUAN KANG AB, TAIWAN (ROC)
SIGNED
MARVIN R. BREAUX, LT COL, USAF
COMMANDER, 2129 COMM SQ
CHING CHUAN KANG AB, TAIWAN (ROC)
SIGNED
CHANG, J.W., LT COL, CAF
BASE OPERATIONS OFFICER
CHING CHUAN KANG AB, TAIWAN (ROC)
SIGNED
DEMPSEY B. CLINARD, LT COL, USAF
BASE OPERATIONS OFFICER
CHING CHUAN KANG AB, TAIWAN (ROC)
CHINA, REPUBLIC OF 29 JUN 1973 FLITE DOCUMENT NO. 7502471
LETTER OF UNDERSTANDING
TO PROVIDE THE DETAILS OF JOINT METEROROLOGICAL OBSERVING AND
FORECASTING SERVICE FOR BOTH THE CHINESE AND THE UNITED STATES AIR FORCE
UNITS OPERATING FROM CHING CHUAN KANG AIR BASE, TAIWAN
LETTER OF UNDERSTANDING JOINT OPERATING INSTRUCTIONS FOR 3RD BASE
WEATHER CENTER, CAF WEATHER WIN AND DETACHMENT 23, 1ST WEATHER WING
(MAC) (USAF)
1. GENERAL: THE PURPOSE OF THIS DOCUMENT IS TO PROVIDE THE DETAILS
OF JOINT METEOROLOGICAL OBSERVING AND FORECASTING SERVICE FOR BOTH THE
CHINESE AND THE UNITED STATES AIR FORCE UNITS OPERATING FROM CHING CHUAN
KANG AIR BASE. WRITTEN IN ACCORDANCE WITH ARTICLE 2B OF THE CHINESE AIR
FORCE AND THE UNITED STATES AIR FORCE JOINT AGREEMENT ON OPERATION OF
THE WEATHER SERVICE AT CHING CHUAN KANG AIR BASE, TAIWAN, IT RECOGNIZES
AND ESTABLISHES RULES FOR TAKING AND DISSEMINATING OFFICIAL WEATHER
OBSERVATIONS AND FORECASTS FOR ALL AIR TRAFFIC CONTROL AND OPERATING
AGENCIES AT CHING CHUAN KANG AIR BASE. IN FORMALIZING THESE RULES, THE
3RD BASE WEATHER CENTER (CAF) AND DETACHMENT 23, 1ST WEATHER WING (MAC)
(USAF) RECOGNIZE EACH OTHER'S OBLIGATIONS AND RESPONSIBILITIE IN SUPPORT
OF THEIR RESPECTIVE MILITARY AGENCIES AND HAVE SET FORTH, BELOW,
SPECIFICATIONS FOR THEI MUTUAL FULFILLMENT.
THE 3RD BASE WEATHER CENTER (CAF) AND DETACHMENT 23, 1ST WEATHER WING
(MAC) (USAF) OF CHING CHUAN KANG AIR BASE, TAIWAN, PURSUANT TO THE
STATUS OF FORCES AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF
CHINA AND THE UNITED STATES OF AMERICA, WHICH AGREEMENT CONTROLS AND
LIMITS THE INTERPRETATION OF THE PROVISIONS CONTAINED HEREIN, AS WELL AS
THE INTERPRETATION OF ANY SUBSIDIARY AGREEMENTS MADE HEREUNDER, AND WITH
SPECIFIC AUTHORITY DERIVED FROM PARAGRAPH 5, ARTICLE III OF THE STATUS
OF FORCES AGREEMENTS, AGREE AS FOLLOWS.
2. OBSERVATIONS.
A. OFFICIAL OBSERVATION SITE. THE REPRESENTATIVE WEATHER OBSERVATION
SITE (RWOS), LOCATED 3300 FEET WEST OF THE CONTROL TOWER, IS THE
OFFICIAL SITE FOR TAKING AND RECORDING OBSERVATIONS.
B. OPERATION AND MANNING OF THE RWOS:
(1) THE RWOS SHALL BE OPERATED AND MANNED BY CAF OBSERVERS 24 HOURS
PER DAY. IT WILL BE USAF MANAGED.
(2) USAF OBSERVERS SHALL RETAIN THE RIGHT TO USE THE RWOS TO TAKE
OBSERVATIONS DURING PERIODS OF CRITICAL OPERATIONS OR TRAINING.
C. TAKING AND RECORDING OF OBSERVATIONS:
(1) CRITERIA FOR TAKING OBSERVATIONS WILL INCLUDE THOSE REQUIRED BY
THE USAF FOR VARIOUS FIELD MINIMA. ATTACHMENT 1 SPECIFIES THESE
CRITERIA AND OTHER CONSIDERATIONS.
(2) THE USAF WILL PROVIDE ASSISTANCE IN TRAINING THE CAF OBSERVER IN
USE OF USAF EQUIPMENT AND PROCEDURES. THIS TRAINING WILL BE AS REQUIRED
AND LIMITED BY THE AVAILABILITY OF PERSONNEL.
D. DISSEMINATION OF OBSERVATIONS:
(1) LONG LINE TRANSMISSION OF OBSERVATIONS IS THE RESPONSIBILITY OF
THE 3RD BASE WEATHER CENTER USING CAF CIRCUITS. THE USAF WEATHER
PERSONNEL MAY TRANSMIT THE OBSERVATION DIRECT TO THE CLARK AUTOMATED
DIGITAL WEATHER SWITCH (ADWS) WHEN REQUIRED.
(2) LOCAL DISSEMINATION OF OBSERVATIONS WILL BE VIA TELAUTOWRITER
FROM THE RWOS. THE PRIMARY BACK-UP SYSTEM SHALL BE THE WEATHER NET
PHONE.
(3) THE PRIORITY OF DISSEMINATING THE OBSERVATIONS FROM THE RWOS WILL
BE IN THE FOLLOWING ORDER:
(A) RAPCON
(B) CONTROL TOWER
(C) HQ 3RD TFW (CAF)
(D) CAF WEATHER STATION
(E) USAF WEATHER STATION
(F) 374 TAW COMMAND POST (USAF)
(4) THE LOCAL DISSEMINATION OF OBSERVATION SHALL BE IN METAR CODE.
3. FORECASTING.
A. THE CAF 3RD BASE WEATHER CENTER IS RESPONSIBLE FOR PROVIDING
TERMINAL FORECASTS (TAFS) AND AMENDMENTS FOR CHING CHUAN KANG AIR BASE.
(1) THE CAF TAF, AND REQUIRED AMENDMENTS, WILL BE PREPARED IN
ACCORDANCE WITH AWSM 105-24, VOLUM I, CHAPTER 1 (ATCH 2) AND APPLICABLE
CAF DIRECTIVES.
(2) THE CAF TAF WILL BE AMENDED IN ACCORDANCE WITH THE APPLICABLE
REQUIREMENTS OF AWSR 105-15, ATCH 2 (ATCH 3) AND APPLICABLE CAF
DIRECTIVES.
B. THE USAF BASE WEATHER STATION, DETACHMENT 23, 1 WWG, WILL, THROUGH
THE CAF RADAR OFFICER ON DUTY IN THE USAF BASE WEATHER STATION, MAINTAIN
CLOSE LIAISON WITH THE FORECASTERS IN THE CAF 3RD BASE WEATHER CENTER.
IN THIS RESPECT THE USAF FORECASTERS WILL:
(1) ADVISE THE CAF FORECASTER PRIOR TO THEIR TAF TRANSMISSION (1 HOUR
PRIOR WHENEVER POSSIBLE) O ANY WEATHER WARNING, MET WATCH ADVISORY OR
OTHER OPERATIONALLY SIGNIFICANT CRITERIA THEY EXPECT DURING THE ENSUING
24 HR PERIOD.
(2) WORK AS CLOSELY AS POSSIBLE WITH THE CAF RADAR OFFICER AND FOSTER
DISCUSSION OF THE SYNOPTIC SITUATION, SIGNIFICANT WEATHER AND/OR HAZARDS
EXPECTED THAT WILL HAVE IMPACT ON USAF OPERATIONS AT CCK AB.
(3) ADVISE, BEFORE THE FACT WHEN POSSIBLE, OF ANY WEATHER WARNINGS
AND/OR MET WATCH ADVISORIES BEING ISSUED.
(4) PROVIDE ASSISTANCE IN TRAINING CAF FORECASTERS AS REQUIRED.
TRAINING WILL INCLUDE, BUT NOT NECESSARILY BE LIMITED TO; TAF
PREPARATION, TAF ENCODING, USAF AMENDMENT, WEATHER WARNING AND MET WATCH
ADVISORY CRITERIA, RADAR AND GENERAL METEOROLOGICAL TRAINING.
(5) PROVIDE ASSISTANCE IN TAF AND AMENDMENT PREPARATION THROUGH
CONSULTATION AND COORDINATION WHEN REQUESTED BY THE CAF FORECASTERS.
C. DISSEMINATION OF TAFS AND AMENDMENTS WILL BE AS FOLLOWS:
(1) CAF 3RD BASE WEATHER CENTER WILL RELAY THE TAF AND AMENDMENTS TO
THE CAF RADAR OFFICER IN TH USAF BASE WEATHER STATION VIA TELEPHONE.
WHENEVER POSSIBLE SUBJECT FORECASTS WILL BE RELAYED AT LEAST 15 MINUTES
PRIOR TO LONGLINE TRANSMISSION.
(2) THE CAF RADAR OFFICER WILL LOCALLY DISSEMINATE THE TAF AND
AMENDMENTS VIA THE USAF BASE WEATHER STATION AUTOWRITER. DURING PERIODS
OF AUTOWRITER OUTAGE THE CAF RADAR OFFICER WILL ACCOMPLISH BACK-UP
DISSEMINATION, VIA TELEPHONE, TO USING CAF AGENCIES.
(3) THE USAF FORECASTER WILL INSURE IN STATION DISPLAY AND ATAD
TRANSMISSION OF THE TAF AND AMENDMENTS AND WILL, DURING PERIODS OF
AUTOWRITER OUTAGE, ACCOMPLISH BACK-UP DISSEMINATION VIA TELEPHONE, TO
USING USAF AGENCIES.
(4) CAF 3RD BASE WEATHER CENTER WILL TRANSMIT THE TAF AND AMENDMENTS
LONGLINE FROM 3RD BWC. WHE REQUIRED USAF WEATHER PERSONNEL WILL
TRANSMIT THE DATE DIRECT TO THE CLARK AUTOMATED DIGITAL WEATHE SWITCH.
4. FPS-77 WEATHER RADAR OPERATIONS.
A. USAF FORECASTERS AND OBSERVERS WILL BE RESPONSIBLE FOR TAKING AND
RECORDING SIGNIFICANT OPERATIONAL RADAR WEATHER OBSERVATIONS IN
ACCORDANCE WITH USAF WEATHER RADAR MANUAL (WBAN) AND AWS MANUAL 105-8.
B. THE USAF WEATHER STATION OBSERVER WILL BE RESPONSIBLE FOR
TRANSMITTING THE RADAR OBSERVATION OVER THE TELETYPE CIRCUIT FROM THE
USAF WEATHER STATION TO CLARK AUTOMATED DIGITAL WEATHER SWITCH. THE 3RD
BASE WEATHER CENTER WILL TRANSMIT RADAR REPORTS TO TAIPEI OVER CAF
COMMUNICATIONS CIRCUITS.
C. THE FPS-77 WEATHER RADAR MAY BE UTILIZED TO PROVIDE TRAINING FOR
CAF FORECASTERS.
(1) THE CAF 3RD BASE WEATHER CENTER WILL ASSIGN FORECASTERS FOR
TRAINING AND CERTIFICATION ON TH FPS-77 RADAR.
(2) UPON BEING CERTIFIED, CAF AND/OR USAF FORECASTERS MAY MAKE RADAR
OBSERVATIONS.
5. WEATHER EQUIPMENT MAINTENANCE. ALL USAF WEATHER EQUIPMENT,
INCLUDING CAF EQUIPMENT IN THE CUSTODY OF THE USAF, INSTALLED AND
OPERATED UNDER THIS JOINT OPERATION AGREEMENT, WILL BE MAINTAINE BY THE
USAF BASE WEATHER MAINTENANCE SHOP ON A CONTINUING BASIS. WHEN
EQUIPMENT MALFUNCTIONS ARE NOTED THE CAF RWOS OBSERVER WILL IMMEDIATELY
NOTIFY THE USAF DUTY FORECASTER OR CAF FORECASTER AT THE USAF WEATHER
STATION AND EXPLAIN THE MALFUNCTION.
6. THE JOINT OPERATING INSTRUCTIONS FOR 3RD BASE WEATHER CENTER, CAF
WEATHER WING AND DETACHMENT 23, 1ST WEATHER WING (MAC) (USAF) MAY BE
REVISED BY MUTUAL AGREEMENT BETWEEN THE COMMANDERS OF THE CAF AND USAF
WEATHER AGENCIES INVOLVED. IN ORDER TO INSURE THAT THIS LETTER REMAINS
CURRENT IT WIL BE REVIEWED AT 6 MONTH INTERVALS BY THE COMMANDER; 3RD
CHINESE BASE WEATHER CENTER AND THE COMMANDER, DET 23, 1ST WEATHER WING
(MAC) (USAF) AND REVISED IF NECESSARY.
7. THE JOINT OPERATING INSTRUCTIONS FOR 3RD BASE WEATHER CENTER, CAF
WEATHER WING AND DETACHMENT 23, 1ST WEATHER WING (MAC) (USAF) TERMINATES
UPON TERMINATION OF THE CHINESE AIR FORCE AND THE UNITED STATES AIR
FORCE JOINT AGREEMENT ON THE OPERATION OF THE WEATHER SERVICE AT CHING
CHUAN KANG AIR BASE, TAIWAN. THIS LETTER OF UNDERSTANDING MAY BE
TERMINATED BY EITHER PARTY GIVING WRITTEN NOTIFICATION TO THE OTHER AT
LEAST THIRTY DAYS PRIOR TO DATE OF TERMINATION.
SIGNED
HSIEH PUNG-KUEI, LT COL, CAF
COMMANDER
3RD BASE WEATHER CENTER
SIGNED
VANN B. GIBBS, JR., MAJ, USAF
COMMANDER
DET 23, 1ST WEATHER WING (MAC)
DATE: 29 JUNE 1973
CHINA, REPUBLIC OF 27 DEC 1972 FLITE DOCUMENT NO. 7502470
LETTER OF UNDERSTANDING
TO PROVIDE THE DETAILS OF JOINT METEOROLOGICAL OBSERVING AND
FORECASTING SERVICE FOR BOTH THE CHINESE AND THE UNITED STATES AIR FORCE
UNITS OPERATING FROM CHING CHUAN KANG AIR BASE, TAIWAN
LETTER OF UNDERSTANDING JOINT OPERATING INSTRUCTIONS FOR 3RD BASE
WEATHER CENTER, CAF WEATHER WIN AND DETACHMENT 23, 1ST WEATHER WING
(MAC) (USAF)
1. GENERAL: THE PURPOSE OF THIS DOCUMENT IS TO PROVIDE THE DETAILS
OF JOINT METEOROLOGICAL OBSERVING AND FORECASTING SERVICE FOR BOTH THE
CHINESE AND THE UNITED STATES AIR FORCE UNITS OPERATING FROM CHING CHUAN
KANG AIR BASE. WRITTEN IN ACCORDANCE WITH ARTICLE 2B OF THE CHINESE AIR
FORCE AND THE UNITED STATES AIR FORCE JOINT AGREEMENT ON OPERATION OF
THE WEATHER SERVICE AT CHING CHUAN KANG AIR BASE, TAIWAN, IT RECOGNIZES
AND ESTABLISHES RULES FOR TAKING AND DISSEMINATING OFFICIAL WEATHER
OBSERVATIONS AND FORECASTS FOR ALL AIR TRAFFIC CONTROL AND OPERATING
AGENCIES AT CHING CHUAN KANG AIR BASE. IN FORMALIZING THESE RULES, THE
3RD BASE WEATHER CENTER (CAF) AND DETACHMENT 23, 1ST WEATHER WING (MAC)
(USAF) RECOGNIZE EACH OTHER'S OBLIGATIONS AND RESPONSIBILITIE IN SUPPORT
OF THEIR RESPECTIVE MILITARY AGENCIES AND HAVE SET FORTH, BELOW,
SPECIFICATIONS FOR THEI MUTUAL FULFILLMENT.
THE 3RD BASE WEATHER CENTER (CAF) AND DETACHMENT 23, 1ST WEATHER WING
(MAC) (USAF) OF CHING CHUAN KANG AIR BASE, TAIWAN, PURSUANT TO THE
STATUS OF FORCES AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF
CHINA AND THE UNITED STATES OF AMERICA, WHICH AGREEMENT CONTROLS AND
LIMITS THE INTERPRETATION OF THE PROVISIONS CONTAINED HEREIN, AS WELL AS
THE INTERPRETATION OF ANY SUBSIDIARY AGREEMENTS MADE HEREUNDER, AND WITH
SPECIFIC AUTHORITY DERIVED FROM PARAGRAPH 5, ARTICLE III OF THE STATUS
OF FORCES AGREEMENTS, AGREE AS FOLLOWS:
2. OBSERVATIONS.
A. OFFICIAL OBSERVATION SITE. THE REPRESENTATIVE WEATHER OBSERVATION
SITE (RWOS), LOCATED 3300 FEET WEST OF THE CONTROL TOWER, IS THE
OFFICIAL SITE FOR TAKING AND RECORDING OBSERVATIONS.
B. OPERATION AND MANNING OF THE RWOS:
(1) THE RWOS SHALL BE OPERATED AND MANNED BY CAF OBSERVERS 24 HOURS
PER DAY. IT WILL BE USAF MANAGED.
(2) USAF OBSERVERS SHALL RETAIN THE RIGHT TO USE THE RWOS TO TAKE
OBSERVATIONS DURING PERIODS OF CRITICAL OPERATIONS OR TRAINING.
C. TAKING AND RECORDING OF OBSERVATIONS:
(1) CRITERIA FOR TAKING OBSERVATIONS WILL INCLUDE THOSE REQUIRED BY
THE USAF FOR VARIOUS FIELD MINIMA. ATTACHMENT 1 SPECIFIES THESE
CRITERIA.
(2) THE USAF WILL PROVIDE ASSISTANCE IN TRAINING THE CAF OBSERVER IN
USE OF USAF EQUIPMENT AND PROCEDURES. THIS TRAINING WILL BE AS REQUIRED
AND LIMITED BY THE AVAILABILITY OF PERSONNEL.
D. DISSEMINATION OF OBSERVATIONS:
(1) LONG LINE TRANSMISSION OF OBSERVATIONS IS THE RESPONSIBILITY OF
THE 3RD BASE WEATHER CENTER USING CAF CIRCUITS. THE USAF WEATHER
PERSONNEL MAY TRANSMIT THE OBSERVATION DIRECT TO THE CLARK AUTOMATED
DIGITAL WEATHER SWITCH (ADWS) WHEN REQUIRED.
(2) LOCAL DISSEMINATION OF OBSERVATIONS WILL BE VIA TELAUTOWRITER
FROM THE RWOS. THE PRIMARY BACK-UP SYSTEM SHALL BE THE WEATHER NET
PHONE.
(3) THE PRIORITY OF DISSEMINATING THE OBSERVATIONS FROM THE RWOS WILL
BE IN THE FOLLOWING ORDER:
(A) RAPCON
(B) CONTROL TOWER
(C) CAF WEATHER STATION
(D) USAF WEATHER STATION
(E) 374 TAW COMMAND POST (USAF)
(F) HQ 3RD TFW (CAF)
(4) THE LOCAL DISSEMINATION OF OBSERVATIONS SHALL BE IN METAR CODE.
3. FORECASTING.
A. THE CAF 3RD BASE WEATHER CENTER AND DET 23, 1ST WEATHER WING ARE
RESPONSIBLE FOR PROVIDING COORDINATED TERMINAL FORECASTS AND AMENDMENTS
FOR CHING CHUAN KANG AIR BASE.
(1) BY 0145L, 0745L, 1345L AND 1945L EACH DAY A PROPOSED 24 HOUR
FORECAST WILL BE PREPARED BY BOTH THE CAF AND USAF DUTY FORECASTER.
(2) THE CAF AND USAF FORECASTERS WILL DISCUSS, AGREE AND FULLY
COORDINATE THE FORECAST AT THE USAF WEATHER STATION FOR THE CCK TERMINAL
AREA.
(3) AT 0210L, 0810L, 1410L AND 2010L THE FORECAST WILL BE IN FINAL
FORM, INITIALED BY EACH FORECASTER AND CODED FOR TRANSMISSION. THE
CODED FORMAT WILL BE IN THE FORM REQUIRED BY AWSM 105-2 VOL I, CHAPTER
1, TO INCLUDE ALTIMETER SETTINGS, ICING, TURBULENCE AND REMARKS.
B. DISSEMINATION OF FORECASTS:
(1) THE USAF FORECASTER WILL DISSEMINATE THE FORECAST LOCALLY BY
TELAUTOWRITER.
(2) BACK-UP DISSEMINATION OF THE FORECAST TO USAF AGENCIES WILL BE
DONE BY TELEPHONE BY THE USAF FORECASTER.
(3) BACK-UP DISSEMINATION OF THE FORECAST TO CAF AGENCIES WILL BE
DONE BY THE CAF FORECASTER.
C. AMENDMENTS TO THE CCK FORECAST TO MEET USAF/CAF OPERATIONAL
CRITERIA WILL BE FULLY COORDINATE AND ISSUED AS REQUIRED BY CURRENT
USAF/CAF DIRECTIVES.
D. LONGLINE TRANSMISSION. THE PRIMARY LONGLINE TRANSMISSION OF THE
COORDINATED FORECAST AND AMENDMENTS IS THE RESPONSIBILITY OF THE 3RD
BASE WEATHER CENTER (CAF). THE USAF WEATHER PERSONNEL MAY TRANSMIT THE
FORECAST DIRECT TO THE CLARK AUTOMATED DIGITAL WEATHER SWITCH WHEN
REQUIRED.
E. WEATHER WARNINGS AND MET WATCH ADVISORIES. COORDINATED USAF/CAF
WEATHER WARNINGS AND MET WATCH ADVISORIES WILL BE DISSEMINATED LOCALLY
BY THE USAF FORECASTER USING THE PROCEDURES OUTLINED ABOVE FOR FORECAST
DISSEMINATION.
4. FPS-77 WEATHER RADAR OPERATIONS.
A. USAF FORECASTERS AND OBSERVERS WILL BE RESPONSIBLE FOR TAKING AND
RECORDING SIGNIFICANT OPERATIONAL RADAR WEATHER OBSERVATIONS IN
ACCORDANCE WITH USAF WEATHER RADAR MANUAL (WBAN) AND AWS MANUAL 105-8.
B. THE USAF WEATHER STATION OBSERVER WILL BE RESPONSIBLE FOR
TRANSMITTING THE RADAR OBSERVATION OVER THE TELETYPE CIRCUIT FROM THE
USAF WEATHER STATION TO CLARK AUTOMATED DIGITAL WEATHER SWITCH. THE 3RD
BASE WEATHER CENTER WILL TRANSMIT RADAR REPORTS TO TAIPEI OVER CAF
COMMUNICATIONS CIRCUITS.
C. THE FPS-77 WEATHER RADAR MAY BE UTILIZED TO PROVIDE TRAINING FOR
CAF FORECASTERS.
(1) THE CAF 3RD BASE WEATHER CENTER WILL ASSIGN FORECASTERS, WHO ARE
RESPONSIBLE FOR COORDINATIN THE LOCAL FORECAST, FOR TRAINING AND
CERTIFICATION ON THE FPS-77 RADAR.
(2) UPON BEING CERTIFIED CAF AND/OR USAF FORECASTERS MAY MAKE RADAR
OBSERVATIONS.
5. WEATHER EQUIPMENT MAINTENANCE. ALL USAF WEATHER EQUIPMENT,
INCLUDING CAF EQUIPMENT IN THE CUSTODY OF THE USAF, INSTALLED AND
OPERATED UNDER THIS JOINT OPERATION AGREEMENT, WILL BE MAINTAINE BY THE
USAF BASE WEATHER MAINTENANCE SHOP ON A CONTINUING BASIS. WHEN
EQUIPMENT MALFUNCTIONS ARE NOTED THE CAF RWCS OBSERVER WILL IMMEDIATELY
NOTIFY THE USAF DUTY FORECASTER OR CAF FORECASTER AT THE USAF WEATHER
STATION AND EXPLAIN THE MALFUNCTION.
6. THE JOINT OPERATING INSTRUCTIONS FOR 3RD BASE WEATHER CENTER, CAF
WEATHER WING AND DETACHMENT 23, 1ST WEATHER WING (MAC) (USAF) MAY BE
REVISED BY MUTUAL AGREEMENT BETWEEN THE COMMANDERS OF THE CAF AND USAF
WEATHER AGENCIES INVOLVED. IN ORDER TO INSURE THAT THIS LETTER REMAINS
CURRENT IT WIL BE REVIEWED AT 6 MONTH INTERVALS BY THE COMMANDER, 3RD
CHINESE BASE WEATHER CENTER AND THE COMMANDER, DET 23, 1ST WEATHER WING
(MAC) (USAF) AND REVISED IF NECESSARY.
7. THE JOINT OPERATING INSTRUCTIONS FOR 3RD BASE WEATHER CENTER, CAF
WEATHER WING AND DETACHMENT 23, 1ST WEATHER WING (MAC) (USAF) TERMINATES
UPON TERMINATION OF THE CHINESE AIR FORCE AND THE UNITED STATES AIR
FORCE JOINT AGREEMENT ON THE OPERATION OF THE WEATHER SERVICE AT CHING
CHUAN KANG AIR BASE, TAIWAN. THIS LETTER OF UNDERSTANDING MAY BE
TERMINATED BY EITHER PARTY GIVING WRITTEN NOTIFICATION TO THE OTHER AT
LEAST THIRTY DAYS PRIOR TO DATE OF TERMINATION.
SIGNED
HSIEH PUNG-KUEI, LT COL, CAF
COMMANDER
3RD BASE WEATHER CENTER
SIGNED
JAMES R. NORTON, MAJOR, USAF
COMMANDER
DET 23, 1ST WEATHER WING (MAC)
DATE: 27 DECEMBER 1972
CRITERIA FOR TAKING SPECIAL OBSERVATIONS
SPECIAL OBSERVATIONS WILL BE TAKEN WHENEVER A WEATHER PARAMETER
DECREASES TO LESS THAN OR INCREAS TO EQUAL OR EXCEED ANY OF THE
FOLLOWING CONDITIONS:
A. CEILING VISIBILITY 10 MIN RVR
B. A LAYER OF CLOUDS OR OBSCURING PHENOMENON ALOFT IS PRESENT BELOW
1000 AND 800 FEET AND NO LAYER WAS REPORTED BELOW 1000 AND 800 FEET IN
THE PRECEDING "R" "S" OR "RS" OBSERVATION.
CHINA, REPUBLIC OF 10 AUG 1972 FLITE DOCUMENT NO. 7502469
AMENDMENT
AMENDMENT TO THE AGREEMENT BETWEEN THE CHINESE AIR FORCE AND THE
UNITED STATES AIR FORCE ON THE OPERATION AND MAINTENANCE OF WEATHER
SATELLITE RECEIVING EQUIPMENT AT THE CHINESE WEATHER CENTRAL, TAIPET,
TAIWAN, SIGNED 24 DECEMBER 1968
AMENDMENT
THIS AGREEMENT BETWEEN THE CHINESE AIR FORCE AND THE UNITED STATES
AIR FORCE ON THE OPERATION AND MAINTENANCE OF WEATHER SATELLITE
RECEIVING EQUIPMENT AT THE CHINESE WEATHER CENTRAL, TAIPEI, TAIWAN
SIGNED 24 DECEMBER 1968, IS HEREBY AMENDED TO ADD THE FOLLOWING
PROVISION:
ARTICLE 8. THIS AGREEMENT SHALL BE REVIEWED BY THE UNITED STATES AIR
FORCE SENIOR REPRESENTATIVE OF THE 1ST WEATHER WING, AWS, THE COMMANDER
OF THE 2165TH COMMUNICATIONS GROUP, AFCS AND THE CHINES AIR FORCE
WEATHER WING COMMANDER EVERY TWO YEARS BEGINNING 1 JULY 1972.
ALL OTHER PROVISIONS OF THIS AGREEMENT SHALL REMAIN UNCHANGED AND IN
FULL EFFECT.
SIGNED
LI, PING-CHIH
COLONEL, CAF
WEATHER WING COMMANDER
DATE 15 JULY 1972
SIGNED
JOSEPH T. MCKINNEY
COLONEL, USAF
COMMANDER, 2165TH
COMMUNICATIONS GROUP
AFCS
DATE 10 AUGUST 1972
SIGNED
VERNON M.H. VON
LT COLONEL, USAF
SENIOR REPRESENTATIVE, TAIWAN
1ST WEATHER WING, AWS
DATE 1 AUGUST 1972
CHINA, REPUBLIC OF 1 AUG 1972 FLITE DOCUMENT NO. 7502468
AGREEMENT
OPERATIONS LETTER BETWEEN TAINAN AIR BASE CAF/USAF ATC FACILITIES AND
DET 1, 405TH FIGHTER WING.
OPERATIONS LETTER BETWEEN TAINAN AIR BASE CAF/USAF ATC FACILITIES AND
DET 1, 405TH FIGHTER WING
TAINAN TOWER (CAF), OPERATIONS LETTER NO. ____
TAINAN TOWER (USAF), OPERATIONS LETTER NO. 11
TAINAN GCA (CAF), OPERATIONS LETTER NO. ____
TAINAN GCA (USAF), OPERATIONS LETTER NO. 11
DET 1, 405TH FTR WG, OPERATIONS LETTER NO. ____
SUBJECT: EVACUATION OF ATC FACILITIES BY USAF PERSONNEL DURING
TYPHOON CONDITIONS
EFFECTIVE: 1 AUGUST 1972 (CANCELS TAINAN TOWER (USAF), OPERATIONS
LETTER NO. 11, DATED 21 JUNE 1971.)
1. THIS LETTER SUPPLEMENTS ESTABLISHED CAF TYPHOON EVACUATION
PROCEDURES AND APPLIES ONLY TO USA ATC PERSONNEL.
2. DET 1, 405TH FIGHTER WING SHALL KEEP THE CONTROL TOWER INFORMED
OF AIRCRAFT EVACUATION PLANS AND/OR WHEN THE LAST AIRCRAFT EXPECTED TO
EVACUATE HAS DEPARTED.
3. THE CONTROL TOWER USAF AUGMENTEE SHALL EVACUATE THE TOWER UNDER
ANY OF THE FOLLOWING CONDITIONS:
A. WHEN NOTICE IS RECEIVED THAT THE LAST DEPARTMENT OF DEFENSE (DOD)
AIRCRAFT EXPECTED TO EVACUATE TAINAN AIR BASE HAS DEPARTED.
B. WHEN THE WIND VELOCITY REACHES FIFTY (50) KNOTS.
C. WHEN SUFFICIENT WATER HAS ACCUMULATED ON THE TOWER CAB
FLOOR/EQUIPMENT ROOM FLOOR, CREATING A ELECTRICAL SHOCK HAZARD. (TO BE
DETERMINED BY THE USAF AUGMENTEE ON DUTY WITH CONCURRENCE OF THE 2128
COMMUNICATIONS SQUADRON COMMANDER AND FLIGHT FACILIES NCO.)
4. THE GCA USAF AUGMENTEE SHALL EVACUATE THE GCA UNIT UNDER ANY OF
THE FOLLOWING CONDITIONS:
A. WHEN NOTICE IS RECEIVED THAT THE LAST DOD AIRCRAFT EXPECTED TO
EVACUATE TAINAN AIR BASE HAS DEPARTED.
B. WHEN NOTICE IS RECEIVED FROM CAF AUTHORITIES THAT THE GCA UNIT IS
BEING SHUT DOWN AND/OR IS BEING TOWED TO A STORAGE AREA.
C. WHEN THE WIND VELOCITY REACHES FIFTY (50) KNOTS.
5. WHEN THE CONTROL TOWER IS TO BE EVACUATED UNDER THE CONDITIONS
OUTLINED IN PARAGRAPH 3, THE TOWER AUGMENTEE MAY DEPART THE BASE ON AN
"ON-CALL" DUTY STATUS AFTER NOTIFYING DET 1, 405TH FIGHTE WING, TAIPEI
ARTCC (AMERICAN CONTROLLER), AMERICAN SWITCHBOARD OPERATOR, AND THE
FLIGHT FACILITIES NCO.
6. WHEN THE GCA UNIT IS TO BE EVACUATED UNDER THE CONDITIONS
OUTLINED IN PARAGRAPH 4, THE GCA AUGMENTEE MAY DEPART THE BASE ON AN
"ON-CALL" DUTY STATUS AFTER NOTIFYING THE CONTROL TOWER AUGMENTEE AND
THE FLIGHT FACILITIES NCO.
7. THE CONTROL TOWER/GCA AUGMENTEES SHALL RETURN TO NORMAL DUTY
STATUS WHEN TYPHOON CONDITIONS PERMIT AND/OR WHEN ADVISED TO DO SO BY
THE FLIGHT FACILITIES NCO.
SIGNED
W.J. LEE, LT COL, CAF
COMMANDER, 1ST ATC/COMM SQ
SIGNED
JOHN D. HUGHES, CAPT, USAF
COMMANDER, 2128 COMM SQ
SIGNED
ROBERT G. BUCKEY, MAJ, USAF
COMMANDER, DET 1, 405TH FTR WG
(DISTRIBUTION TABLE OMITTED)
CHINA, REPUBLIC OF 16 JAN 1972 FLITE DOCUMENT NO. 7502467
AGREEMENT
OPERATIONS LETTER BETWEEN CHINESE AIR FORCE, USAF AIR TRAFFIC CONTROL
FACILITIES AND 6214TH AIR BASE GROUP CENTRAL SECURITY CONTROL AND DET 1,
405TH FIGHTER WING.
OPERATIONS LETTER BETWEEN CHINESE AIR FORCE, USAF AIR TRAFFIC CONTROL
FACILITIES AND 6214TH AIR BASE GROUP CENTRAL SECURITY CONTROL AND DET 1,
405TH FIGHTER WING
TAINAN TOWER (CAF), OPERATIONS LETTER NO. ____
TAINAN TOWER (USAF), OPERATIONS LETTER NO. 18
CENTRAL SECURITY CONTROL, OPERATIONS LETTER NO. ____
DET 1, 405TH FIGHTER WING, OPERATIONS LETTER NO. ____
SUBJECT: UNAUTHORIZED OR UNIDENTIFIED AIRCRAFT
EFFECTIVE: 16 JUNE 1972 (CANCELS TAINAN TOWER (USAF), OPERATIONS
LETTER #18, DATED 21 JUNE 1971
1. IT SHALL BE THE RESPONSIBILITY OF THE USAF TOWER CONTROLLER TO
NOTIFY CENTRAL SECURITY CONTRO (CSC) AND THE DET 1, 405TH FIGHTER WING
COMMAND POST CONTROLLER WHENEVER AN UNAUTHORIZED OR UNIDENTIFIED
AIRCRAFT (INCLUDES AIRCRAFT OF ALL COUNTRIES) ATTEMPTS TO LAND AT TAINAN
AIR BASE. NOTIFICATION WILL BE VIA DIRECT LINE ON THE CALL DIRECTOR OR
TELEPHONE EXTENSION 2335/2110 (EMERGENCY) FOR CSC AND 2377 FOR DET 1,
405TH COMMAND POST.
2. DURING STANDBY PERIODS THE CHINESE TOWER CONTROLLER WILL CONTACT
THE USAF CONTROLLER AND INFORM HIM OF THE IMPENDING ARRIVAL OF ANY
AIRCRAFT COVERED IN PARAGRAPH (1) ABOVE. THE USAF CONTROLLER WILL, IN
TURN, CALL CSC AND THE 405TH COMMAND POST AND RELAY ALL AVAILABLE DATA,
THEN PROCEED DIRECTLY TO THE TOWER AND TAKE WHATEVER FOLLOW-UP ACTION IS
REQUIRED.
3. THE FOLLOWING INFORMATION SHOULD BE FORWARDED, IF AVAILABLE:
A. COUNTRY OF REGISTRY AND TYPE AIRCRAFT
B. REASON FOR LANDING
C. NUMBER OF PERSONNEL ON BOARD, AND RANK
D. ACTUAL OR PROPOSED PARKING LOCATION
E. ANY OTHER PERTINENT INFORMATION WHICH MAY BE USEFUL.
SIGNED
RUSSELL E. TALIAFERRO, COLONEL, USAF
COMMANDER, 6214TH AIR BASE GROUP
SIGNED
ROBERT G. BUCKEY, MAJ, USAF
COMMANDER, DET 1, 405TH FTR WG
SIGNED
W.J. LEE, LT COL, CAF
COMMANDER, 1ST ATC/COMM SQ
SIGNED
JOHN D. HUGHES, CAPT, USAF
COMMANDER, 2128 COMM SQ (AFCS)
CHINA, REPUBLIC OF 14 OCT 1969 FLITE DOCUMENT NO. 7502466
MEMORANDUM OF UNDERSTANDING
STATUS OF FORCES AGREEMENT
THIS IS CONSIDERED AN OFFICIAL DOCUMENT PERTAINING TO BOTH THE
GOVERNMENTS OF THE REPUBLIC OF CHINA AND THE UNITED STATES AND WILL NOT
BE RELEASED WITHOUT MUTUAL AGREEMENT
REF: MU.14.X.69
JOINT COMMITTEE FOR STATUS OF FORCES AGREEMENT BETWEEN UNITED STATES
AND THE REPUBLIC OF CHINA
MEMORANDUM OF UNDERSTANDING 14 OCTOBER 1969
IT IS MUTUALLY AGREED BETWEEN THE REPRESENTATIVE OF THE REPUBLIC OF
CHINA AND THE REPRESENTATIVE OF THE UNITED STATES THAT THE FOLLOWING
ITEM WILL BE ENTERED INTO THE RECORD OF THE NEXT MEETING OF THE JOINT
COMMITTEE FOR STATUS OF FORCES AGREEMENT:
US ITEM: THE JOINT COMMITTEE NOTES WITH APPROVAL THE MEMORANDUM OF 8
OCTOBER 1969 OF THE MILITAR SUB-COMMITTEE TO THE JOINT COMMITTEE AND
APPROVES THE FOLLOWING DISPOSITION OF THE REQUEST OF THE UNITED STATES
FOR CLARIFICATION OF THE PHRASE "... SUCH OTHER PERSONS ..." IN THE
FIRST SENTENC OF PARAGRAPH 1, ARTICLE XIII, OF THE STATUS OF FORCES
AGREEMENT:
1. THE PHRASE "... SUCH OTHER PERSONS ..." MENTIONED IN PARAGRAPH 1,
ARTICLE XIII, SOFA, SHALL INCLUDE:
(A) US MILITARY PERSONNEL ON ACTIVE DUTY STATIONED AT PLACES OTHER
THAN THE AGREEMENT AREA AND THEIR DEPENDENTS;
(B) PERSONNEL WHO HAVE BEEN DISCHARGED FROM THE US ARMED SERVICES
WITH A SERVICE CONNECTED DISABILITY FOR WHICH THEY ARE GIVEN DISABILITY
RETIREMENT PAY. EACH ELIGIBLE VETERAN MAY DESIGNATE ONE ADULT MEMBER OF
HIS FAMILY, WHO IS RESIDING IN HIS HOUSEHOLD, AS HIS AGENT FOR THE
PURPOSE OF MAKING COMMISSARY AND LIMITED EXCHANGE PURCHASES ON HIS
BEHALF;
(C) WHERE NOT OTHERWISE PROVIDED IN SOFA, CIVILIANS, IN CONTRACTUAL
RELATION TO THE US ARMED FORCES FOR THE SOLE PURPOSE OF PERFORMING
DUTIES FOR THE US ARMED FORCES, WHOSE CONTRACT WITH THE UNITED STATES
GOVERNMENT PROVIDES THAT COMMISSARY AND EXCHANGE PRIVILEGES ARE
AUTHORIZED, AND THEIR DEPENDENTS.
2. RETIRED MILITARY PERSONNEL WHO HAVE COMPLETED A MINIMUM OF TWENTY
YEARS HONORABLE SERVICE, WH ARE CARRIED ON THE "RETIRED" ROLLS OF THE
ARMED SERVICES OF THE UNITED STATES AND WHO DRAW PAY AS RETIRED
PERSONNEL, AND THEIR DEPENDENTS, MAY APPLY FOR PATRONAGE AND
APPLICATIONS SHALL BE CONSIDERED BY REPUBLIC OF CHINA AUTHORITIES ON A
CASE BY CASE BASIS.
SIGNED
DR FREDRICK F. CHIEN
REPRESENTATIVE OF THE
REPUBLIC OF CHINA
SIGNED
J.A. DES PORTES, BGEN, USAF
REPRESENTATIVE OF THE
UNITED STATES
SWEDEN 20 JUN 1974 FLITE DOCUMENT NO. 7502465
MEMORANDUM OF AGREEMENT
EXCHANGE OF MILITARY PERSONNEL BETWEEN THE UNITED STATES NAVY AND THE
ROYAL SWEDISH NAVY AND ON THE GENERAL CONDITIONS WHICH WILL APPLY TO THE
EXCHANGE OF SUCH PERSONNEL
MEMORANDUM OF AGREEMENT ON THE EXCHANGE OF MILITARY PERSONNEL BETWEEN
THE UNITED STATES NAVY AND THE ROYAL SWEDISH NAVY AND ON THE GENERAL
CONDITIONS WHICH WILL APPLY TO THE EXCHANGE OF SUCH PERSONNEL
1. THE UNITED STATES NAVY/ROYAL SWEDISH NAVY EXCHANGE PROGRAM HAS
BEEN ESTABLISHED TO EXPERIMENT WITH THE MUTUAL EXCHANGE OF MILITARY
PERSONNEL BETWEEN THE TWO SERVICES DURING 1974 THROUGH 1976. IT IS
DESIGNED TO ESTABLISH AN ACTIVE RELATIONSHIP BETWEEN THE U.S. NAVY AND
THE ROYAL SWEDISH NAVY BY WHICH THE EXPERIENCE, PROFESSIONAL KNOWLEDGE
AND DOCTRINE OF BOTH SERVICES ARE SHARED TO THE MAXIMUM EXTENT
PERMISSIBLE UNDER EXISTING POLICIES OF THE UNITED STATES AND SWEDEN.
2. SELECTION CRITERIA: OFFICERS SELECTED FOR EXCHANGE DUTY SHALL BE
THOSE WHO HAVE DEMONSTRATED CAPABILITIES FOR FUTURE HIGHER COMMAND AND
STAFF POSITIONS, WHO ARE WELL VERSED IN THE PRACTICES AN DOCTRINES OF
THEIR SERVICE, AND ARE PARTICULARLY QUALIFIED THROUGH EXPERIENCE FOR THE
EXCHANGE POSITION WHICH THEY WILL FILL. ENLISTED PERSONNEL SELECTED FOR
EXCHANGE DUTY SHALL BE THOSE WHO HAVE DEMONSTRATED SUPERIOR PROFESSIONAL
PERFORMANCE AND LEADERSHIP IN THEIR RESPECTIVE RATES, AND ARE
PARTICULARLY QUALIFIED THROUGH EXPERIENCE FOR THE EXCHANGE POSITION
WHICH THEY WILL FILL.
3. TOUR OF DUTY: THE NORMAL TOUR OF DUTY FOR EXCHANGE PERSONNEL
FROM THE U.S. NAVY, EXCLUSIVE O TRAVEL TIME BETWEEN COUNTRIES, WILL BE
18 MONTHS WHICH SHALL INCLUDE TIME SPENT IN TRAINING WHILE I SWEDEN.
THE NORMAL TOUR OF DUTY FOR EXCHANGE PERSONNEL FROM THE ROYAL SWEDISH
NAVY, EXCLUSIVE OF TRAVEL TIME BETWEEN THE TWO COUNTRIES, WILL BE 6
MONTHS. ANY TIME REQUIRED FOR A FORMAL COURSE OF INSTRUCTION IN THE
PARENT COUNTRY WILL BE IN ADDITION TO THE NORMAL TOUR. EXCEPTIONS
AND/OR ADJUSTMENT OF MILITARY PERSONNEL'S TOUR WILL BE BASED ON MUTUAL
AGREEMENT BETWEEN THE PARTICIPATING SERVICES.
4. NUMBER OF MILITARY PERSONNEL TO BE EXCHANGED: ONE OFFICER AND
ONE ENLISTED MEMBER (NON-COMMISSIONED OFFICER) FROM EACH SERVICE WILL BE
EXCHANGED.
5. DUTIES: EXCHANGE PERSONNEL WILL BE ASSIGNED DUTIES BY THE HOST
SERVICE WHICH ARE AGREEABLE T THE PARENT SERVICE. SUCH PERSONNEL SHOULD
FUNCTION FULLY AS A MEMBER OF THE UNIT TO WHICH THEY ARE ASSIGNED. THE
HOST SERVICE, HOWEVER, WILL UNDERTAKE NOT TO PLACE EXCHANGE PERSONNEL IN
DUTY ASSIGNMENTS IN WHICH DIRECT CONFRONTATION OR HOSTILITIES WITH
FORCES OF THIRD STATES ARE LIKELY. SHOULD SUCH CONFRONTATION OR
HOSTILITIES OCCUR UNEXPECTEDLY, INVOLVING A UNIT TO WHICH EXCHANGE
PERSONNEL ARE ASSIGNED, SUCH PERSONNEL SHOULD NOT BE EMPLOYED IN ACTIVE
OPERATIONS AND THE HOST SERVICE WILL MAKE EVERY EFFORT TO REMOVE
EXCHANGE PERSONNEL FROM THE AREA IMMEDIATELY.
6. ADMINISTRATION AND CONTROL: EXCHANGE PERSONNEL WILL BE
ADMINISTERED AND CONTROLLED AS PRESCRIBED BY THE PARENT SERVICES:
A. U.S. NAVY PERSONNEL ON EXCHANGE DUTY WITH THE ROYAL SWEDISH NAVY
WILL BE UNDER THE ADMINISTRATION AND CONTROL OF THE U.S. NAVY CHIEF OF
NAVAL OPERATIONS THROUGH THE U.S. NAVAL ATTACHE, STOCKHOLM, SWEDEN.
B. ROYAL SWEDISH NAVY PERSONNEL ON EXCHANGE DUTY WITH THE U.S. NAVY
WILL BE UNDER THE ADMINISTRATION AND CONTROL OF THE ROYAL SWEDISH NAVY
CHIEF OF NAVAL OPERATIONS THROUGH THE SWEDISH NAVAL ATTACHE, WASHINGTON,
D.C.
7. DISCIPLINE: EXCHANGE PERSONNEL WILL COMPLY WITH THE REGULATIONS,
ORDERS, INSTRUCTIONS, AND CUSTOMS OF THE HOST SERVICE INSOFAR AS THEY
ARE APPLICABLE. EXCHANGE PERSONNEL ARE SUBJECT TO THE COMMANDS OF
OFFICERS SENIOR TO THEM IN RANK IN THE HOST SERVICE. PERSONNEL
COMMITTING AN OFFENSE UNDER THE LAWS OF EITHER THE PARENT OR THE HOST
SERVICE MAY BE WITHDRAWN FROM THE EXCHANGE PROGRAM WITH A VIEW TOWARD
FURTHER ADMINISTRATIVE OR DISCIPLINARY ACTION TAKEN BY THE PARENT
SERVICE WHEN CONSIDERED NECESSARY. DISCIPLINARY ACTION, HOWEVER, SHALL
NOT BE TAKEN BY THE HOST SERVICE AGAINST EXCHANGE PERSONNEL. THE HOST
SERVICE SHALL ASSIST THE PARENT SERVICE IN INVESTIGATING AN OFFENSE B AN
EXCHANGE PERSON FROM THE PARENT SERVICE AND IN THE COLLECTION AND
PRODUCTION OF EVIDENCE FOR THE USE BY THE PARENT SERVICE IN
ADMINISTRATIVE OR DISCIPLINARY ACTION AGAINST AN OFFENDER.
8. PROFESSIONAL PROFICIENCIES: THE HOST SERVICE WILL PROVIDE
NECESSARY FACILITIES WHEREVER PRACTICABLE SO THAT THE EXCHANGE PERSONNEL
MAY MAINTAIN THEIR PROFESSIONAL PROFICIENCIES IN ACCORDANCE WITH THE
REGULATIONS OF THEIR PARENT SERVICE.
9. LEAVE: EXCHANGE PERSONNEL MAY BE GRANTED LEAVE IN ACCORDANCE
WITH THE REGULATIONS OF THE PARENT SERVICES, PROVIDED SUCH LEAVE IS ALSO
APPROVED BY THE PROPER AUTHORITIES OF THE HOST SERVICE
10. UNIFORM: EXCHANGE PERSONNEL ARE TO COMPLY WITH THE DRESS
REGULATIONS OF THEIR SERVICE AND THE ORDER OF DRESS FOR ANY OCCASION IS
TO BE THAT WHICH MOST NEARLY CONFORMS TO THE ORDER OF DRESS OF THE
PARTICULAR UNIT WITH WHICH THEY ARE SERVING. LOCAL COMMANDING OFFICERS
WILL NOT ISSUE INSTRUCTIONS TO EXCHANGE PERSONNEL WHICH CANNOT BE
COMPLIED WITH BY REASON OF DIFFERENCES IN DRESS REGULATIONS. CUSTOMS OF
THE HOST SERVICE WILL BE OBSERVED WITH RESPECT TO THE WEARING OF
CIVILIAN CLOTHES. THOSE SPECIAL ITEMS OF CLOTHING OR PERSONAL EQUIPMENT
NORMALLY PROVIDED BY THE HOST SERVICE TO ITS MEMBERS FOR THE PERFORMANCE
OF SPECIAL DUTIES SHALL BE PROVIDED ON AN EQUAL BASIS BY THE HOST
SERVICE TO EXCHANGE PERSONNEL ASSIGNED THE SAME DUTIES.
11. MESSING AND QUARTERS: THE HOST SERVICE MAY PROVIDE MESSING
FACILITIES AND FAMILY-TYPE OR SINGLE QUARTERS FOR EXCHANGE PERSONNEL, IF
AVAILABLE, AND ON THE SAME BASIS AND TO THE SAME EXTENT THAT IT PROVIDES
QUARTERS FOR ITS OWN PERSONNEL. IN ANY CASE, THE HOST SERVICE WILL
RENDER ALL PRACTICABLE ASSISTANCE IN LOCATING AND OBTAINING SUITABLE
HOUSING FOR EXCHANGE PERSONNEL.
12. REPORTS: PERIODIC OR OTHER REPORTS WHICH EXCHANGE PERSONNEL MAY
BE REQUIRED TO MAKE BY THEI OWN SERVICE OR WHICH THEY WISH TO MAKE
CONCERNING THEIR EXCHANGE DUTIES WILL BE SUBMITTED AS FOLLOWS:
A. U.S. NAVY EXCHANGE PERSONNEL WILL FORWARD THEIR REPORTS, BY
APPROPRIATE SERVICE CHANNELS, THROUGH FORSVARETS KOMMANDOEXPEDITION AND
THE U.S. NAVAL ATTACHE, STOCKHOLM, TO THE CHIEF OF NAVAL OPERATIONS
(OP-01C).
B. ROYAL SWEDISH NAVY EXCHANGE PERSONNEL WILL FORWARD THEIR REPORTS,
BY APPROPRIATE SERVICE CHANNELS, THROUGH THEIR U.S. NAVY COMMANDING
OFFICER, THE CHIEF OF NAVAL OPERATIONS (OP-01C) TO THE SWEDISH NAVAL
ATTACHE, WASHINGTON, D.C.
13. FINANCIAL ARRANGEMENTS: THE U.S. NAVY AND ROYAL SWEDISH NAVY
AGREE TO THE FOLLOWING FINANCIAL ARRANGEMENTS FOR THE U.S. NAVY/ROYAL
SWEDISH NAVY PERSONNEL EXCHANGE PROGRAM:
(A) THE PARENT SERVICE WILL ASSUME RESPONSIBILITY FOR THE FOLLOWING
COMPENSATIONS AND EXPENSES WITH RESPECT TO EXCHANGE PERSONNEL, IN
ACCORDANCE WITH THE REGULATIONS OF THAT SERVICE:
(I) PAY AND NORMAL ALLOWANCES INCLUDING COMMUTATION OF QUARTERS,
STATION OR OTHER LOCATION ALLOWANCES WHERE AUTHORIZED, AND SUBSISTENCE;
(II) COMPENSATION FOR LOSS OF OR DAMAGE TO UNIFORMS, PERSONAL
EQUIPMENT, ETC., OF EXCHANGE PERSONNEL;
(III) MEDICAL AND DENTAL CARE OTHER THAN THAT COVERED BY (B) (II)
BELOW;
(IV) BURIAL AND OTHER EXPENSES INCIDENT TO THE DEATH OF EXCHANGE
PERSONNEL; AND
(V) EXPENDITURES IN CONNECTION WITH ANY SPECIAL DUTY PERFORMED ON
BEHALF OF THE PARENT SERVICE DURING THE PERIOD OF EXCHANGE.
(B) EXCEPT FOR EXPENDITURES COVERED IN (A) ABOVE, THE HOST SERVICE
WILL PROVIDE THE FOLLOWING SERVICES, AND ASSUME CHARGES THEREFORE, IN
ACCORDANCE WITH THE REGULATIONS OF THAT SERVICE;
(I) TRANSPORTATION, TRAVEL ALLOWANCES, AND OTHER EXPENDITURES IN
CONNECTION WITH ANY TRAVEL WHIL ON DUTY OR TEMPORARY ADDITIONAL DUTY
DIRECTED BY THE HOST GOVERNMENT;
(II) MEDICAL AND DENTAL TREATMENT AVAILABLE AT SERVICE HOSPITAL AND
OTHER SERVICE UNITS; AND
(III) FACILITIES TO MAINTAIN PROFESSIONAL PROFICIENCIES.
(C) ANY CURRENCY PAYMENTS TO EXCHANGE PERSONNEL OF THE U.S. NAVY FOR
WHICH RESPONSIBILITY IS ALLOCATED BY THIS AGREEMENT SHALL BE PAID TO
THEM BY THE CHIEF OF NAVAL OPERATIONS. AN ACCOUNT OF THOSE PAYMENTS FOR
WHICH THE ROYAL SWEDISH NAVY IS RESPONSIBLE UNDER THIS AGREEMENT SHALL
BE SUBMITTED BY THE CHIEF OF NAVAL OPERATIONS TO THE ROYAL SWEDISH NAVY
AT SIX MONTH INTERVALS FOR REIMBURSEMENT. EXCHANGE PERSONNEL FROM THE
U.S. NAVY, WHEN SUBMITTING CLAIMS FOR PAYMENT TO THE U.S. NAVAL ATTACHE,
STOCKHOLM, SWEDEN, SHALL INCLUDE AN ENDORSEMENT FROM THEIR ROYAL SWEDISH
NAVY COMMANDING OFFICER STATING THE AMOUNT WHICH WOULD BE PAID ON THE
CLAIM UNDER THE APPLICABLE REGULATION OF THE ROYAL SWEDISH NAVY.
(D) ANY CURRENCY PAYMENTS TO EXCHANGE PERSONNEL OF THE ROYAL SWEDISH
NAVY FOR WHICH RESPONSIBILITY IS ALLOCATED UNDER THIS AGREEMENT, AND FOR
WHICH THE U.S. NAVY MAY BE RESPONSIBLE, WILL BE PAID DIRECTLY TO THE
ROYAL SWEDISH NAVY PERSONNEL BY THE U.S. NAVY.
(E) EXPENSES IN CONNECTION WITH THE FAMILIES OF PERSONNEL EXCHANGED
WILL BE BORNE BY THE SERVICE LIABLE FOR THE CORRESPONDING COSTS IN THE
CASE OF THE PERSONNEL AND WILL BE IN ACCORDANCE WITH THE REGULATIONS OF
THAT SERVICE.
FOR THE ROYAL SWEDISH NAVY:
SIGNED
LENNART N. LINDGREN
CAPTAIN, ROYAL SWEDISH NAVY
FOR THE UNITED STATES NAVY:
SIGNED
E.J. CARROLL
REAR ADMIRAL, US NAVY
SPAIN 31 OCT 1974 FLITE DOCUMENT NO. 7502464
AGREEMENT
PROCEDURES FOR THE USE AND STORAGE OF PETROLEUM PRODUCTS IN THE JOINT
USE TANKS AT ROTA, CARTAGENA, AND EL FERROL, SPAIN.
PROCEDURES FOR THE USE AND STORAGE OF PETROLEUM PRODUCTS IN THE
JOINT-USE TANKS AT ROTA, CARTAGENA, AND EL FERROL, SPAIN
I. GENERAL
1. PURSUANT TO PARAGRAPH 6 OF PROCEDURAL ANNEX XII AND IN
IMPLEMENTATION OF CHAPTER VIII OF THE AGREEMENT OF FRIENDSHIP AND
COOPERATION BETWEEN THE UNITED STATES OF AMERICA AND SPAIN DATED 6
AUGUST 1970, THIS MEMORANDUM ESTABLISHES THE PROCEDURES BY WHICH THE
UNITED STATES NAVY (USN) AND THE SPANISH NAVY WILL JOINTLY USE THE
PETROLEUM STORAGE TANKS DEDICATED TO "NAVY SPECIAL" (HEREINAFTER
REFERRED TO AS NSFO) IN THE THREE USN OPERATED TERMINALS AT ROTA,
CARTAGENA, AND EL FERROL, SPAIN.
2. THESE PROCEDURES WILL BE RETROACTIVE TO 1 FEBRUARY 1974.
3. TWO COPIES OF THESE PROCEDURES WILL BE SENT TO THE MIXED
TECHNICAL COMMISSION ESTABLISHED UNDER PROCEDURAL ANNEX XI FOR
TRANSMITTAL TO THE JOINT COMMITTEE.
4. THESE PROCEDURES WILL BE ATTACHED AS APPENDIX A TO THE PROCEDURAL
ANNEX XII.
II. BASIC AGREEMENT BETWEEN THE TWO NAVIES:
THE SPANISH NAVY WILL SUPPLY AN APPROXIMATE TOTAL QUANTITY OF 600,000
BARRELS (90,000 METRIC TONS PER YEAR OF NSFO FOR SPANISH NAVY USE TO THE
THREE USN OPERATED JOINT USAGE TERMINALS. THIS QUANTITY MAY BE
INCREASED OR DECREASED AS REQUIRED:
III. SPECIAL CONDITIONS:
1. ORDERING.
THE RESPONSIBILITY FOR ORDERING FROM THE SPANISH NAVY, IN ORDER TO
MAINTAIN FINAL LEVELS AS SHOWN IN SECTION IV OF THESE PROCEDURES WILL
REST WITH THE COMMANDER, U.S. NAVAL ACTIVITIES, SPAIN. ORDERS PLACED
WITH THE SPANISH NAVY WILL SPECIFY THE FOLLOWING:
(1) MONTH AND PERIOD (EACH MONTH TO CONSIST OF THREE PERIODS OF
DESIRED TANKER DELIVERY).
(2) QUANTITY IN THOUSANDS OF BARRELS AND METRIC TONS,
(3) TERMINAL TO WHICH DELIVERY IS TO BE MADE. THE SPANISH NAVY WILL
BE ALLOWED A MAXIMUM OF FORTY-FIVE DAYS FROM THE DATE ORDERS ARE PLACED
TO EFFECT DELIVERY.
B. THE SPANISH NAVY WILL FURNISH AN ESTIMATED ANNUAL NSFO USAGE AT
EACH OF THE THREE TERMINALS T THE COMMANDER, U.S. NAVAL ACTIVITIES,
SPAIN.
2. SPECIFICATIONS AND INSPECTION.
A. PRODUCT DELIVERED BY THE SPANISH NAVY WILL BE A BLEND OF FUEL OIL
AND GAS OIL, BLENDED SO AS TO MEET THE REQUIREMENTS OF THE SPECIFICATION
MIL-F-859 EDITION WHICH IS CURRENT AT TIME OF PLACEMENT, OF THE ORDER.
B. COMPANIA ARRENDATARIA DEL MONOPOLIO DE PETROLEOS, S.A.
(HEREINAFTER REFERRED TO AS CAMPSA) WILL PROVIDE THE RECEIVING TERMINAL
A REPORT OF THE QUALITY OF EACH CARGO.
C. FINAL INSPECTION AND ACCEPTANCE OR REJECTION OR EACH CARGO WILL BE
PERFORMED BY NAVAL STATION FUEL DEPARTMENT PERSONNEL AT THE POINT OF
DISCHARGE. IN CASE OF A DISPUTE OVER THE QUALITY OF A CARGO, THE
PRODUCT WILL BE TESTED BY LOS SERVICIOS TEENICOS DE UTILIZACION DE
MAQUINAS DE LA ZONA MARITIMA OF THE TERMINAL WHERE THE UNLOADING
OPERATION IS TO BE PERFORMED. IN CASE THERE IS STILL DISPUTE ON A
CARGO, ALL TEST RESULTS AND A SAMPLE WILL BE FORWARDED TO THE MIXED
TECHNICAL COMMISSION FOR FINAL RESOLUTION.
3. MAINTENANCE AND OPERATION OF STORAGE FACILITIES.
A. ALL DIRECT COSTS INCURRED IN THE MAINTENANCE AND OPERATION OF SAID
STORAGE FACILITIES (INCLUDING PIERS, PIPELINES, STORAGE TANKS, PUMPS,
VALVES, QUALITY CONTROL, AND FIRE PROTECTION) WILL BE BORNE BY NAVAL
STATION, ROTA.
B. COSTS INCURRED FOR TUG AND PILOT SERVICES ON CAMPSA OR ANY OTHER
TANKERS USED TO IMPLEMENT THIS AGREEMENT WILL BE BORNE BY CAMPSA SIMILAR
TO OTHER CAMPSA OPERATIONS AT ROTA.
4. HANDLING AND ADMINISTRATIVE COSTS.
THE SPANISH NAVY WILL BE ASSESSED A TOTAL HANDLING AND ADMINISTRATIVE
CHARGE FOR ISSUES TO THE SPANISH NAVY FROM THE JOINT-USE STORAGE. THE
PRESENT HANDLING AND ADMINISTRATIVE CHARGE IS 0.55 DOLLARS PER BARREL OF
FUEL ISSUED.
5. BILLINGS.
A. CHARGES FOR HANDLING AND ADMINISTRATIVE COSTS WILL BE SUBMITTED
DIRECTLY TO THE SPANISH NAVY ON A MONTHLY BASIS THROUGH COMISION DE
ENLACE CON LA MISION AMERICANA (HEREINAFTER REFERRED TO AS CEMA) FOR
PAYMENT.
B. PAYMENT TO THE UNITED STATES NAVY FOR THESE CHARGES SHOULD BE MADE
WITHIN NINETY DAYS AFTER THE DATE OF THE BILL DELIVERY TO CEMA.
6. QUALITY AND QUANTITY.
A. NAVAL STATION, ROTA WILL TAKE APPROPRIATE ACTION FOR THE PURPOSE
OF MAINTAINING QUALITY AND QUANTITY FOR THE NSFO IN THE JOINT-USE
STORAGE AT THE THREE TERMINAL LOCATIONS.
B. NAVAL STATION, ROTA SHORE TANK GAUGES WILL BE USED FOR DETERMINING
QUANTITY OF BOTH RECEIPTS AND ISSUES.
7. ACCOUNTING AND REPORTING.
A. NAVAL STATION, ROTA WILL PERFORM ALL ACCOUNTING AND REPORTING
TRANSACTIONS RELATIVE TO THE FUEL DISPATCHES. ISSUE DOCUMENTS OF NSFO
DELIVERED TO THE SHIPS WILL BE SENT TO SERVICIO DE COMBUSTIBLE DE LA
BASE NAVAL DE ROTA UPON COMPLETION OF A FUELING OPERATION.
B. A MONTHLY STATEMENT OF ACCOUNT (INCLUDING PREVIOUS INVENTORIES,
RECEIPTS, DETAILED ISSUES, AN PRESENT INVENTORIES) WILL BE DELIVERED IN
DUPLICATE TO THE SPANISH NAVY IN ROTA.
C. IN ADDITION TO 7B ABOVE, THE PRESENT WEEKLY INVENTORY REPORT WILL
CONTINUE TO BE MADE.
D. THE SPANISH NAVY MAY AT ANY TIME REQUEST SPECIAL STATEMENTS OF
ACCOUNT AND INVENTORY.
8. STORAGE PROCEDURES.
A. THE UNITED STATES NAVY AND SPANISH NAVY NSFO WILL BE STORED IN
COMMON TANKAGE. NO ATTEMPT WILL BE MADE TO KEEP THE PRODUCT IN THE TWO
ACCOUNTS PHYSICALLY SEPARATE.
9. ISSUE PROCEDURES.
WHENEVER UNFORESEEN CIRCUMSTANCES MAY MAKE IT NECESSARY FOR ONE NAVY
TO DRAW NSFO FROM THE OTHER NAVY'S NSFO ACCOUNT, IT WILL BE REQUIRED TO
HAVE PRIOR CONSENT FROM THE OTHER PARTY. ANY SUCH USE OF THE OTHER'S
ACCOUNT BY EITHER PARTY MUST BE CONSIDERED A TEMPORARY MEASURE AND THE
PRODUCT DRAWN WILL BE REPLACED AS SOON AS POSSIBLE AND IN ANY EVENT
WITHIN NO MORE THAN SIXTY DAYS. BOTH NAVIES WILL BE ABLE TO ISSUE AND
REPLACE NSFO AT ANY OF THE THREE TERMINALS, IRRESPECTIVE OF THE
QUANTITIE EACH NAVY HAS ON ACCOUNT AT THE THREE DIFFERENT LOCATIONS AS
LONG AS WITHIN THE SYSTEM (ROTA, CARTAGENA AND EL FERROL) A CREDIT
BALANCE FOR EACH NAVY APPEARS. THE FOREGOING REFERS ONLY TO THAT PART
OF THE INVENTORY THAT IS IN EXCESS OF THE MINIMUM LEVELS SET OUT IN
PARAGRAPH IV.2. BELOW.
10. CONVERSION FACTORS.
IT IS AGREED TO BY BOTH PARTIES THAT THE USE OF COMMON CONVERSION
FACTORS TO CONVERT FROM LITERS TO GALLONS, BARRELS AND METRIC TONS, AND
FROM CENTIGRADE TO FAHRENHEIT WILL BE EFFECTED AS PER APPENDIX A.
IV. LEVELS.
1. THE FUEL STORAGE CAPACITY RESERVED FOR THE SPANISH NAVY WILL BE:
A. AT ROTA: 15,900 CUBIC METERS (100,000 BARRELS).
B. AT CARTAGENA: 9,079 CUBIC METERS (57,105 BARRELS).
C. AT EL FERROL: 12,513 CUBIC METERS (78,704 BARRELS).
2. THE FOLLOWING MINIMUM LEVELS WILL BE MAINTAINED AT THE THREE
TERMINALS FOR THE SPANISH NAVY A FOLLOWS:
TERMINAL METRIC TONS BARRELS
ROTA 5,000 34,000
CARTAGENA 3,000 20,000
EL FERROL 5,000 34,000
3. IN MAINTAINING THESE MINIMUM LEVELS, NAVAL STATION, ROTA
RESPONSIBILITY WILL BE LIMITED TO TH FOLLOWING ACTIONS:
A. REQUEST FROM THE SPANISH NAVY WITH SUFFICIENT TIME, THE
CORRESPONDING ORDERS TO KEEP THE SPANISH NAVY NSFO LEVEL FROM GOING
BELOW THESE FIGURES.
B. WHENEVER THE QUANTITIES ON HAND GET CLOSE TO THE MINIMUM LEVELS,
THE ALMIRANTE JEFE DE LA BAS NAVAL DE ROTA WILL BE INFORMED ABOUT THE
REASONS AND THE EXPECTED DATE OF ARRIVAL FOR THE NEXT CARGO.
C. GIVEN THAT THE APPROPRIATE ORDERS ARE PLACED WITH THE SPANISH NAVY
AND CORRESPONDING CARGO DELIVERY EFFECTED, NO ISSUES BELOW THE STATED
MINIMUM WILL BE MADE WITHOUT THE AUTHORIZATION OF THE ALMIRANTE JEFE DE
LA BASE NAVAL DE ROTA.
SIGNED
JORGE GARCIA-PARRENO Y KADEN
COMANDANTE GENERAL DE LA
BASE NAVAL DE ROTA
31 OCTOBER 1974
SIGNED
R.J. DAMICO
COMMANDER, U.S. NAVAL
ACTIVITIES, SPAIN
ANNEX 1
CONVERSION FACTORS
1. IT IS AGREED THAT THE FOLLOWING FORMULAS WILL BE USED TO CONVERT
LITERS AT 15 DEGREES CENTIGRADE TO U.S. GALLONS AT 60 DEGREES FAHRENHEIT
AND VICE VERSA. THE AMERICAN SOCIETY FOR TESTING MATERIALS (ASTM)
TABLES WILL BE USED TO OBTAIN CONVERSION FACTORS WHERE REFERRED TO
BELOW.
A. LITERS TO GALLONS:
(1) LITERS AT 15 DEGREES CENTIGRADE DIVIDED BY 3.78533 = GALLONS AT
15 DEGREES CENTIGRADE (59 DEGREES FAHRENHEIT).
(2) GALLONS AT 15 DEGREES CENTIGRADE DIVIDED BY (FACTOR FROM ASTM
TABLE 54) = GALLONS AT 60 DEGREES FAHRENHEIT (15.5 DEGREES CENTIGRADE).
B. GALLONS TO LITERS:
(1) GALLONS AT 60 DEGREES FAHRENHEIT DIVIDED BY (FACTOR FROM ASTM
TABLE 6) = GALLONS AT 15 DEGREES CENTIGRADE.
(2) GALLONS AT 15 DEGREES CENTIGRADE MULTIPLIED BY 3.78533 = LITERS
AT 15 DEGREES CENTIGRADE.
C. AN EXAMPLE OF HOW TO OBTAIN FACTOR IN FORMULA 1.A (2) ABOVE, GIVEN
DENSITY OF 0.852 IS AS FOLLOWS: ENTER TABLE 54 WITH DENSITY OF 0.0850
AND READ FACTOR 0.9996 AT OBSERVED TEMPERATURE OF 15.5 DEGREES
CENTIGRADE (60 DEGREES FAHRENHEIT). AN EXAMPLE FOR FORMULA 1.B.(1)
ABOVE, GIVEN AN AP OF 34.3, AS FOLLOWS. ENTER TABLE 6 WITH API OF 340
AND READ FACTOR OF 1.0004 AT OBSERVED TEMPERATURE OF 59 DEGREES
FAHRENHEIT (15.0 DEGREES CENTIGRADE).
D. GALLONS DIVIDED BY 42 EQUALS BARRELS.
E. BARRELS TO METRIC TONS: BARRELS AT 60 DEGREES FAHRENHEIT
MULTIPLIED BY FACTOR FROM ASTM TABL 13 EQUALS METRIC TONS.
F. METRIC TONS TO BARRELS: METRIC TONS DIVIDED BY FACTOR FROM ASTM
TABLE 13 EQUAL BARRELS AT 60 DEGREES FAHRENHEIT.
G. ALL ASTM TABLES REFERRED TO ABOVE WILL BE THE LATEST EDITION AND
WILL BE FURNISHED TO THE SPANISH NAVY BY THE UNITED STATES NAVY.
SUPPLEMENTAL AGREEMENT I TO APPENDIX A OF PROCEDURAL ANNEX XII
I. GENERAL: THIS AGREEMENT ESTABLISHES A PROCEDURE WHEREBY THE
SPANISH NAVY WILL PROVIDE NAVY SPECIAL FUEL OIL (HEREINAFTER REFERRED TO
AS NSFO) TO THE NAVAL BASE AT ROTA IN SUPPORT OF THE JOINT-USE NAVAL
STATION, ROTA POWER PLANT.
II. SCOPE: ALL TECHNICAL PROVISIONS WITH REGARD TO RECEIPT,
QUALITY, ORDERING, AND DELIVERY WIL BE IN ACCORDANCE WITH THE BASIC
AGREEMENT CONCERNING THE PROCEDURES FOR THE USE AND STORAGE OF PETROLEUM
PRODUCTS IN THE JOINT-USE SYSTEM, AT ROTA, EL FERROL AND CARTAGENA.
III: BASIC AGREEMENT BETWEEN THE TWO NAVIES: THE SPANISH NAVY WILL
SUPPLY AT ROTA APPROXIMATELY 163,000 BARRELS (24,000 METRIC TONS) PER
YEAR TO SUPPORT THE REQUIREMENTS OF THE NAVAL STATION, ROT POWER PLANT.
IN EXCHANGE, THE UNITED STATES NAVY WILL PAY IN DOLLARS THE UNITED
STATES NAVY STANDARD PRICE PER BARREL FOR THIS NSFO.
IV. SPECIFIC CONDITIONS:
1. THE UNITED STATES NAVY WILL PAY THE SPANISH NAVY IN DOLLARS THE
UNITED STATES NAVY STANDARD PRICE PER BARREL OF NSFO. THIS IS THE SAME
STANDARD PRICE THAT WOULD BE CHARGED THE SPANISH NAVY B THE UNITED
STATES NAVY FOR NSFO.
2. THE STANDARD PRICE WILL BE THAT PRICE OFFICIALLY EFFECTIVE AS OF
THE DAY OF ACCEPTANCE BY THE UNITED STATES NAVY OF THE NSFO CARGO.
3. NO ADDITIONAL SURCHARGES WILL BE LEVIED ON THIS ORDER PROVIDED
THE UNITED STATES NAVY IS READ TO RECEIVE THE DELIVERY DURING THE PERIOD
REQUESTED.
4. ALL ORDERS WILL BE PLACED BY THE UNITED STATES NAVY IN WRITING TO
THE SPANISH NAVY AT ROTA AT LEAST FORTY-FIVE DAYS IN ADVANCE AND, ONCE
CONFIRMED IN WRITING BY THE SPANISH NAVY, WILL BE BINDIN TO BOTH NAVIES.
5. THE FOLLOWING PROJECTED PROGRAM IS PRESENTED:
ORDER NUMBER PERIOD QUANTITY REQUESTED BARRELS
NFD-1-74 10 - 20
NFD-2-74 10 - 20
NFD-3-75 10 - 20
NFD-4-75 10 - 20
6. PAYMENT WILL BE MADE TO THE SPANISH NAVY NO LATER THAN SIXTY DAYS
AFTER RECEIPT OF THE CARGO.
7. THIS AGREEMENT DOES NOR PRECLUDE THE USE OF UNITED STATES OWNED
NSFO AT THE OPTION OF THE COMMANDER, U.S. NAVAL ACTIVITIES, SPAIN.
SIGNED
JORGE GARCIA-PARRENO Y KADEN
COMANDANTE GENERAL DE LA
BASE NAVAL DE ROTA
31 OCTOBER 1974
SIGNED
R.J. DAMICO
COMMANDER, U.S. NAVAL
ACTIVITIES, SPAIN
SPAIN 2 JUL 1974 FLITE DOCUMENT NO. 7502463
EXCHANGE OF LETTERS
SPANISH U.S. JOINT COMMITTEE ON DEFENSE MATTERS ADMINISTRATION
POLICIES
JOINT UNITED STATES MILITARY GROUP
MILITARY ASSISTANCE ADVISORY GROUP
APO NEW YORK 09285
REPLY TO
ATTN OF: PS
SUBJECT: SPANISH U.S. JOINT COMMITTEE ON DEFENSE MATTERS
ADMINISTRATIVE
TO: DEPARTMENT OF THE NAVY
1. REFERENCE IS MADE TO YOUR LETTER DATED 13 JUNE 1974, SER: 4412,
ON THE ABOVE SUBJECT.
2. ATTACHED ARE COPIES OF ALL THE ADMINISTRATIVE POLICIES THAT HAVE
BEEN SIGNED AS OF THIS DATE. ADMINISTRATIVE POLICY NO. 4 IS STILL
PENDING AND WILL BE FORWARDED TO YOU AS SOON AS IT IS SIGNED.
1 ATCH
ADMIN POLICIES 1, 2,
3, 5, 6 & 7.
SIGNED
SAMUEL T. DICKENS, COLONEL, USAF
SPECIAL ASST FOR SECRETARIAT MATTERS
SPANISH UNITED STATES JOINT COMMITTEE
ON DEFENSE MATTERS
ADMINISTRATIVE POLICY NO. 1
PROCEDURES FOR THE ENTRY AND VISIT TO SPANISH MILITARY INSTALLATIONS
WHERE THERE ARE U.S. FORCES BY DIGNITARIES WHO HAVE NO AUTHORITY OVER
FORCES STATIONED IN SPAIN. (PROCEDURAL ANNEX 1; PARAGRAP 3.2)
1. THE REQUESTS FOR AUTHORIZATION WILL BE ADDRESSED TO THE PERMANENT
SECRETARIAT AND WILL BE PROCESSED IN ACCORDANCE WITH THE PROCEDURES
LISTED BELOW. THE INTERESTED PARTIES OR THE ORGANIZATION WHICH
ORIGINATED THE REQUEST WILL BE INFORMED OF THE DECISION MADE AS WELL AS
THE MILITARY AUTHORITIES OVER THE INSTALLATIONS INVOLVED, IF NECESSARY.
2. THE RESPECTIVE SECTION OF THE PERMANENT SECRETARIAT WILL REQUEST
FROM THE MINISTRIES OR ORGANIZATIONS CONCERNED THE NECESSARY INFORMATION
TO GRANT OR DENY THE REQUESTED AUTHORIZATION BASE ON THE TERMS AND
CONDITIONS RESULTING IN EACH CASE.
3. THE REQUEST FOR AUTHORIZATION WILL INCLUDE THE FOLLOWING
INFORMATION REGARDING THE PERSON OR PERSONS WHO REQUEST THE
AUTHORIZATION:
A. FIRST AND LAST NAMES.
B. NATIONALITY.
C. PROFESSION AND CURRENT ACCREDITING DOCUMENTS HELD.
D. PURPOSE, DATE AND APPROXIMATE DURATION OF VISIT.
E. INSTALLATIONS WHICH INDIVIDUAL WISHES TO VISIT.
F. COMPLEMENTARY OR SIGNIFICANT INFORMATION WHICH CAN BE USED TO
ACQUIRE THE MOST PRACTICAL KNOWLEDGE ABOUT THE VISITORS.
4. ONCE AUTHORIZATION HAS BEEN GRANTED, THE CONDUCT OF THE VISIT
WITHIN THE INSTALLATION WILL BE IN ACCORDANCE WITH INTERNAL PROCEDURES
WHICH HAVE BEEN PUBLISHED BY THE COMMANDERS OF THE INSTALLATIONS.
IN CASES OF ARRIVAL DIRECTLY FROM ABROAD THE REQUIREMENT THAT
PERSONAL DOCUMENTS OF THE INTERESTE PARTIES BE IN ORDER WILL BE TAKEN
INTO ACCOUNT IF A STAY IN SPAIN OUTSIDE THE MILITARY INSTALLATION IS
ANTICIPATED.
5. IN ORDER TO AVOID DELAYS PROVISIONS ARE MADE FOR THE SIMPLIFIED
AND EXPEDITIOUS PROCESSING AT HIGH LEVEL OF URGENT VISITS.
6. THE DIRECT ARRIVAL AT SPANISH MILITARY INSTALLATIONS OF U.S.
MILITARY AND POLITICAL DIGNITARIES FOR NON-OFFICIAL PURPOSES WHICH IMPLY
THE UTILIZATION OF THESE BASES AS A STOP OVER ONL OR ARRIVAL IN SPAIN ON
PERSONAL BUSINESS, WILL NOT REQUIRE THE SPECIFIC REQUEST FOR
AUTHORIZATION I ACCORDANCE WITH THE TERMS MENTIONED ABOVE.
IN THESE CASES, THE PERMANENT SECRETARIAT WILL BE ADVISED OF THE
ARRIVAL AS A MATTER OF INFORMATION SO THAT IT CAN NOTIFY THE APPROPRIATE
SPANISH AUTHORITIES. AN ATTEMPT WILL BE MADE TO INCLUDE IN THE
INFORMATION THE DURATION OF THE STAY IN CASE THIS COULD SERVE SOME
PRACTICAL PURPOSE CONSIDERING THE CATEGORY OF THE DIGNITARIES INVOLVED.
LIKEWISE, THAT SPECIFIED IN THE SECOND PARAGRAPH OF ITEM 4 ABOVE WILL BE
TAKEN INTO ACCOUNT.
SPANISH MILITARY SECRETARY
SIGNED
MADRID, 18 NOVEMBER 1971
UNITED STATES MILITARY SECRETARY
SIGNED
SPANISH-U.S. JOINT COMMITTEE
ON DEFENSE MATTERS
ADMINISTRATIVE POLICY NO. 2
REGULATING PROCEDURES FOR THE CONDUCT OF TRAINING EXERCISES IN
SPANISH LAND, SEA AND AIR SPACE BY U.S. ARMED FORCES NOT PERMANENTLY
STATIONED IN SPAIN.
1. THE REQUEST FOR AUTHORIZATION OF SUBJECT EXERCISES WILL BE
PRESENTED TO THE JOINT COMMITTEE WHICH WILL DETERMINE THEIR PERTINENCE,
AND REQUEST AT THE APPROPRIATE LEVELS FROM THE MINISTRIES AN
ORGANIZATIONS INVOLVED, THE INFORMATION AND CONDITIONS REGARDING THE
FEASIBILITY OF THE EXERCISES AND THE TERMS FOR THEIR EXECUTION.
2. IT IS UNDERSTOOD THAT THE TEMPORARY PRESENCE OF THE FORCES
INVOLVED IN THE EXERCISES WILL NOT CAUSE THE MAXIMUM LEVEL OF FORCES
STATIONED IN SPAIN AGREED TO IN THE 6 AUGUST 1970 EXCHANGE OF NOTES TO
BE EXCEEDED. IF THE EXERCISE TO BE CONDUCTED WOULD CAUSE SAID LEVEL OF
FORCES TO BE EXCEEDED, OR IF THE EXERCISE COULD BE CONSIDERED A "LARGE
SCALE MANEUVER", THE FINAL AUTHORIZATION WILL BE DECIDED BY THE COUNCIL
OF MINISTERS.
3. IN GENERAL TERMS, THE TRAINING OF SPECIAL UNITS WHICH HAVE NOT
BEEN SPECIFICALLY AUTHORIZED B THE AGREEMENT IN IMPLEMENTATION, THE
PROCEDURAL ANNEX, EXCHANGE OF NOTES OR BY PREVIOUS APPROVAL OF THE JOINT
COMMITTEE, SHOULD BE REQUESTED IN ACCORDANCE WITH THESE PROCEDURES.
4. THE REQUEST, PRESENTED SUFFICIENTLY IN ADVANCE, WILL INCLUDE AS
MUCH INFORMATION AS POSSIBLE REGARDING THE OPERATION. THIS INFORMATION
SHOULD INCLUDE THE FOLLOWING:
A. TYPE OR IDENTIFICATION OF ARMY, NAVY AND AIR FORCE UNITS WHICH ARE
GOING TO PARTICIPATE.
B. NUMBER OF PERSONNEL INVOLVED.
C. SPANISH INSTALLATIONS, WHICH WILL BE UTILIZED BY PARTICIPATING
UNITS AS WELL AS THE LAND, AIR AND SEA AREAS, INCLUDING THE BOMBING AND
FIRING RANGES IN WHICH THE EXERCISE WILL TAKE PLACE.
D. DATE AND DURATION OF THE EXERCISES.
E. PROVISION FOR RESPONSIBILITIES WITH RESPECT TO THE CLAIMS WHICH
ARE FILED FOR DAMAGES AS A RESULT OF THE EXERCISES, AS LONG AS SUCH
PROVISIONS ARE NOT CONTAINED IN ARTICLE XXVII OF THE AGREEMENT IN
IMPLEMENTATION.
F. SPECIAL PROVISIONS, IF NECESSARY, CONCERNING THE SAFETY OF
PERSONS, PROPERTY, ETC. WHICH ARE DEEMED ADVISABLE BY THE NATURE OF THE
EXERCISE TO TAKE PLACE.
G. IF APPROPRIATE, OFFER FOR THE PRESENCE OF SPANISH OBSERVERS.
5. IF THE EXERCISE IS APPROVED AND ONCE SPANISH AND U.S. MILITARY
AUTHORITIES HAVE BEEN ADVISED, THE SUBSEQUENT PROCESS TO ESTABLISH THE
DETAILS OF DEVELOPMENT AND EXECUTION OF SAME WILL BE ACCOMPLISHED - AS
WAS PREVIOUSLY BEING DONE - THROUGH THE RESPECTIVE LIAISON COMMISSION,
OR SUBCOMMITTEE IF APPROPRIATE, IT BEING CLEARLY UNDERSTOOD THAT IF A
SUBSTANTIAL MODIFICATION TO THAT WHICH WAS INITIALLY AGREED TO SHOULD
ARISE, THE JOINT COMMITTEE WILL BE SO INFORMED.
6. ONCE THE EXERCISE HAS BEEN AUTHORIZED, THE SPANISH SECTION OF THE
JOINT COMMITTEE WILL FORWAR A COPY OF THE U.S. REQUEST AND THE APPROVAL
TO THE LIAISON COMMISSION OR SUBCOMMITTEE FOR ITS COGNIZANCE AND AS THE
INITIAL DOCUMENT FOR SUBSEQUENT ACTION.
MADRID, 2 DECEMBER 1971
SPANISH MILITARY SECRETARY
SIGNED
UNITED STATES MILITARY SECRETARY
SIGNED
SPANISH-UNITED STATES JOINT COMMITTEE
ON DEFENSE MATTERS
ADMINISTRATIVE POLICY NO. 3
REGULATIONS FOR THE RENDITION OF HONORS AND JOINT MILITARY FORMATIONS
ON SPANISH BASES WHERE U.S. FORCES ARE STATIONED.
1. PURSUANT TO PARAGRAPH 1.4 OF PROCEDURAL ANNEX I, SPANISH FORCES
WILL RENDER THE APPROPRIATE HONORS TO DIGNITARIES WHO ARRIVE AT OR
DEPART FROM A SPANISH BASE WHERE U.S. FORCES ARE STATIONED.
2. HOWEVER, ON THE ARRIVAL AT SAID BASES OF U.S. DIGNITARIES WHO
REQUIRE SIGNIFICANT MILITARY HONORS, AND WITH PRIOR AUTHORIZATION FROM
THE JOINT COMMITTEE, THE APPROPRIATE HONORS CAN BE RENDERED JOINTLY BY
U.S. AND SPANISH FORCES. U.S. PERSONNEL REQUIRING SIGNIFICANT MILITARY
HONORS ARE DEFINED AS LT GENERAL AND ABOVE OR EQUIVALENT.
3. THE AUTHORIZATION FOR THE RENDERING OF JOINT HONORS REFERRED TO
IN PARAGRAPH 2 WILL BE COMMUNICATED BY THE SPANISH SECTION OF THE JOINT
COMMITTEE TO THE APPROPRIATE MILITARY MINISTRIES WHEN INFORMING OF THE
VISITS TO THE MILITARY BASES BY THE DIGNITARIES CONCERNED. THE
ANNOUNCEMENT OF A VISIT WITHOUT INDICATING THE ABOVE REFERENCED
AUTHORIZATION IMPLIES THERE ARE NO PROVISIONS FO JOINT MILITARY HONORS.
4. THE SPANISH AND U.S. UNITS WHICH ARE TO RENDER THE HONORS WILL BE
EQUAL IN NUMBER AND SIMILARLY EQUIPPED. EACH UNIT CAN CARRY ITS OWN
COLORS IF IT IS SO REQUIRED BY THE HONORS OR IF IT IS MUTUALLY AGREED TO
BY THE SPANISH COMMANDER AND THE U.S. FORCES COMMANDER.
5. EACH UNITS WILL RENDER HONORS AS SPECIFIED IN THEIR CORRESPONDING
MILITARY DIRECTIVES FOR THE CATEGORY OF DIGNITARIES INVOLVED.
NOTWITHSTANDING, THE SPANISH COMMANDER AND THE COMMANDER OF U.S. FORCES
WILL AGREE ON THE PROTOCOL AND ALL THE DETAILS OF THE CEREMONY,
FOLLOWING AS MUCH AS POSSIBL THAT WHICH HAS BEEN NORMALLY ESTABLISHED
FOR THESE CEREMONIES IN SPAIN.
6. THE JOINT MILITARY FORMATIONS FOR CEREMONIES WHICH ARE NOT
SPECIFIED ABOVE WILL BE HELD AT TH TIME AND IN THE MANNER AGREED TO BY
THE SPANISH COMMANDER AND THE COMMANDER OF U.S. FORCES MAINTAINING A
SIMILARITY WITH RESPECT TO COMMON DETAILS, WITH THE HONOR CEREMONIES
REFERRED TO ABOVE.
MADRID, 22 FEBRUARY 1972
SPANISH MILITARY SECRETARY
SIGNED
UNITED STATES MILITARY SECRETARY
SIGNED
SPANISH-UNITED STATES JOINT COMMITTEES
ON DEFENSE MATTERS
ADMINISTRATIVE POLICY NO. 6
RULES RELATIVE TO NON-COMMISSIONED OFFICERS AND OTHER ENLISTED
PERSONNEL OF THE U.S. ARMED FORCES IN SPAIN WHO LIVE OUTSIDE THE SPANISH
MILITARY INSTALLATIONS.
1. THE FOLLOWING NON-COMMISSIONED OFFICERS AND OTHER ENLISTED
PERSONNEL OF THE U.S. ARMED FORCES STATIONED IN SPAIN MAY BE PERMITTED
TO LIVE OUTSIDE THE SPANISH MILITARY INSTALLATIONS:
1.1 ALL MARRIED PERSONNEL ACCOMPANIED BY THEIR FAMILIES IN SPAIN.
1.2 SINGLE AND UNACCOMPANIED MARRIED PERSONNEL OF GOOD CONDUCT AND
INCLUDED IN ONE OF THE FOLLOWING CATEGORIES:
1.2.1 NON-COMMISSIONED OFFICERS OR THEIR EQUIVALENT.
1.2.2 OTHER AUTHORIZED ENLISTED PERSONNEL.
1.2.3 PERSONNEL FOR WHOM IT WOULD BE MORE ADVANTAGEOUS BECAUSE OF
THEIR SPECIAL ASSIGNMENT.
2. THE AUTHORITY TO GRANT PERMISSION TO LIVE OFF-BASE FOR PERSONNEL
MENTIONED IN PARAGRAPH 1.2 ABOVE BELONGS TO THE APPROPRIATE US FORCES
COMMANDER, KEEPING IN MIND THAT, FROM THE SPANISH POINT OF VIEW, ALL
PERSONNEL MUST COMPLY WITH THE FOLLOWING IN ORDER TO RETAIN THIS RIGHT:
2.1 OBSERVE PROPER CONDUCT SO AS NOT TO CREATE ANY DISTURBANCES.
2.2 WEAR CIVILIAN CLOTHES OUTSIDE THE SPANISH MILITARY INSTALLATIONS
EXCEPT WHEN ON DUTY.
3. PERSONNEL INCLUDED IN PARAGRAPH 1.2 ABOVE MAY LIVE IN APARTMENTS
OR PRIVATE RESIDENCES, EXCLUDING HOTEL AND BOARDING HOUSES, ETC.,
PROVIDED THAT NOT MORE THAN 6 INDIVIDUALS RESIDE IN ONE OF THEM. THIS
WILL AVOID A CONCENTRATION OF PERSONNEL WHICH COULD GIVE THE IMPRESSION
OF QUARTERIN OF TROOPS OUTSIDE THE INSTALLATIONS.
4. THE JOINT COMMITTEE AND THE SPANISH COMMANDERS OF THE RESPECTIVE
MILITARY INSTALLATIONS SHOUL KNOW THE NUMBER OF UNACCOMPANIED
NON-COMMISSIONED OFFICERS AND OTHER ENLISTED PERSONNEL AUTHORIZED TO
LIVE OFF-BASE. TO THIS END, JUSMG OR AN EQUIVALENT ORGANIZATION WILL
NOTIFY THE JOINT COMMITTEE OF THE ABOVE PERSONNEL ON A QUARTERLY BASIS.
IN ADDITION TO THIS PERIODIC REPORT, SIGNIFICANT CHANGES PRODUCED IN THE
INTERIM WILL BE SUBMITTED SO THAT THE FIGURE MAY BE CURRENT AT ALL
TIMES.
5. WHEN CIRCUMSTANCES SO DICTATE AND SPECIFIC INFORMATION IS
REQUIRED ON CERTAIN UNACCOMPANIED PERSONNEL AUTHORIZED TO LIVE OUTSIDE
SPANISH MILITARY INSTALLATIONS, THE LOCAL U.S. AND SPANISH COMMANDERS
WILL STUDY THE NECESSARY INFORMATION TO RESOLVE EACH INDIVIDUAL CASE AT
THE LOCAL LEVEL AND WHENEVER POSSIBLE, ANY PROBLEMS WHICH MAY ARISE
CONCERNING OFF-BASE RESIDENCE OF SAID PERSONNEL
IT IS PROVIDED THAT, IN SPECIAL CASES, EITHER BECAUSE OF THE NATURE
OF THE INDIVIDUAL'S PROBLEM O BECAUSE UNUSUAL CIRCUMSTANCES ARISE WHICH
MAY WARRANT RESTRICTIVE MEASURES, THE JOINT COMMITTEE WIL BE THE NORMAL
CHANNEL FOR INFORMATION AND RESOLUTIONS WHICH MAY ORIGINATE WITH RESPECT
TO THESE PERMISSIONS TO RESIDE OFF BASE.
MADRID, 26 SEPT 1973
SIGNED
THE SPANISH MILITARY SECRETARY
SIGNED
THE U.S. MILITARY SECRETARY
APPROVED:
THE CHIEF, HIGH GENERAL STAFF
SIGNED
SPANISH-U.S. JOINT COMMITTEE
ON DEFENSE MATTERS
ADMINISTRATIVE POLICY NO. 7
CATEGORIES OF PERSONNEL ELIGIBLE FOR MEDICAL CARE IN U.S. MILITARY
MEDICAL FACILITIES IN SPAIN
1. THIS ADMINISTRATIVE POLICY IMPLEMENTS PARAGRAPH 5, PROCEDURAL
ANNEX VI TO THE AGREEMENT IN IMPLEMENTATION OF CHAPTER VIII OF THE
AGREEMENT OF FRIENDSHIP AND COOPERATION BETWEEN THE UNITED STATES OF
AMERICA AND SPAIN, SIGNED 6 AUGUST 1970.
2. THE FOLLOWING CATEGORIES OF PERSONNEL ARE AUTHORIZED MEDICAL CARE
IN U.S. MILITARY FACILITIES OF U.S. FORCES IN SPAIN:
A. UNITED STATES PERSONNEL IN SPAIN AS DEFINED IN THE PREAMBLE TO THE
AGREEMENT IN IMPLEMENTATIO OF CHAPTER VIII OF THE AGREEMENT OF
FRIENDSHIP AND COOPERATION BETWEEN THE UNITED STATES AND SPAIN.
B. OTHER PERSONNEL ON ACTIVE DUTY WITH U.S. ARMED FORCES AND RETIRED
MEMBERS OF U.S. ARMED FORCE AND/OR THEIR DEPENDENTS, WHO ARE RESIDING OR
TRAVELING IN SPAIN. THE NUMBER TO BE TREATED IN THIS CATEGORY SHALL NOT
EXCEED 500 INDIVIDUALS ANNUALLY PER FACILITY.
C. OFFICERS AND EMPLOYEES (U.S. CITIZENS) OF THE STATE DEPARTMENT AND
OTHER U.S. GOVERNMENTAL AGENCIES WORKING WITH THE U.S. EMBASSY, AND
THEIR DEPENDENTS.
D. OTHER CATEGORIES THAT ARE OTHERWISE ENTITLED TO SUCH HOSPITAL CARE
ON THE BASIS OF U.S. PUBLI LAW. THE NUMBER OF PERSONS TO BE TREATED IN
THESE CATEGORIES SHALL NOT EXCEED 100 INDIVIDUALS PER FACILITY PER YEAR.
E. ANY PERSON MAY BE ADMITTED TO A U.S. ARMED FORCES MEDICAL FACILITY
WHERE IT IS REQUIRED TO PREVENT LOSS OF LIFE, LIMB OR TO PREVENT UNDUE
SUFFERING, UPON APPROVAL OF THE HOSPITAL COMMANDER.
MADRID, 15 DECEMBER 1973
SPANISH MILITARY SECRETARY
SIGNED
UNITED STATES MILITARY SECRETARY
SIGNED
SAUDI ARABIA 30 JUN 1974 FLITE DOCUMENT NO. 7502462
PROTOCOL
TO DISCUSS AND SOLVE PROBLEMS RELATED TO THE SANG MODERNISATION
PROGRAM IN THE KINGDOM OF SAUDI ARABIA
PROTOCOL
ON THIS SUNDAY, 10/6/1394 H (30/6/74) A MEETING WAS HELD BETWEEN THE
SAUDI AND THE AMERICAN PARTIES. THE SAUDI PARTY WAS REPRESENTED BY HRH,
PRINCE BADR BEN ABDUL AZIZ, DEPTUY COMMANDER IN CHIEF OF THE SANG, AND
HIS EXCELLENCY SHAIK MAHAMMAD ABA AL-KLAYL, MINISTER OF STATE FOR
FINANCE AN NATIONAL ECONOMY.
THE AMERICAN PARTY WAS REPRESENTED BY HIS EXCELLENCY, MR. JAMES E.
AKINS, THE AMERICAN AMBASSADOR TO THE KINGDOM OF SAUDI ARABIA, AND MAJOR
GENERAL CHESTER M. MCKEEN, JR., SENIOR REPRESENTATIVE FRO THE DEPARTMENT
OF DEFENSE AND ALSO HEAD OF THE MAJOR PROCUREMENT ACTIVITIES WITHIN THE
UNITED STATE ARMY; COL THOMAS A. MORT, SANG MODERNIZATION PROGRAM
MANAGER, MR. FRANCIS MCKENNA, SENIOR LEGAL ADVISOR, U.S. ARMY MATERIAL
COMMAND; MR. WILLIAM CLEMONS, ASSISTANT FOR PROCUREMENT POLICY TO
GENERAL MCKEEN; LTC HARRY MILLER, CONTRACTING OFFICER, SANG
MODERNIZATION PROGRAM.
PURPOSE OF THE MEETING WAS TO DISCUSS AND SOLVE PROBLEMS RELATED TO
THE SANG MODERNISATION PROGRA IN THE KINGDOM OF SAUDI ARABIA.
THE PARTICIPANTS REVIEWED THE FOLLOWING:
A. THE ORDER OF HM KING FAISAL IN THE APPROVAL LETTER NO. 40/7/73
DATED 9/3/94 H FPR STARTING OU THE REALIZATION OF THE SANG MODERNIZATION
PROJECT IN THE KINGDOM OF S.A.
B. THE M.O.U. CONCLUDED BETWEEN THE GOVERNMENT OF THE U.S. AND THE
KINGDOM OF S.A. DATED 14/4/1393 (19 MARCH 1973).
C. THE AGREEMENT SIGNED BY BOTH GOVERNMENTS IN THE MONTH OF MAY 1965,
CONCERNING THE SERVICES OF THE AMERICAN CORPS OF ENGINEERS IN THE
KINGDOM OF SA.
D. SALES CASE (ZAC) DA, KINGDOM OF SA, DATED 14 APRIL 1974 CONCERNING
THE MODERNIZATION PROJECT.
E. SALES CASE (HBB) PRESENTED BY THE U.S. COE ON THE 30TH OF MAY 1974
FOR THE PURPOSE OF HAVING IT CONCLUDED BY THE NG.
THE PARTICIPANTS ALSO DISCUSSED THE PRESENT PROBLEMS AS STATED IN THE
LATEST CORRESPONDENCE BETWEEN BOTH PARTIES. THESE PROBLEMS CAN BE
OUTLINED AS FOLLOWS:
THE SAUDI GOVERNMENT REQUESTED THAT THE AMERICAN PARTY MUST APPLY THE
FOLLOWING ON CONCLUDING CONTRACTS WITH CONTRACTORS:
1. OBLIGATIONS TO BE FINAL. I.E., THE DOOR MUST NOT BE OPEN FOR
RECONSIDERING PRICES DURING THE EXECUTION OF CONTRACTS.
2. COSTS FOR CONTRACTORS' EMPLOYEES TO BE SPECIFIED IN THE FORM OF
FIXED SALARIES "PER INDIVIDUAL/PER MONTH". THOSE (SALARIES) SHALL BE
PAID TO THE CONTRACTOR SO THAT HE WOULD PROCURE HOUSING OR OTHER
PRIVILEGES NEEDED FOR THESE INDIVIDUALS.
3. PRICES TO BE IN U.S. DOLLARS WITHOUT STATING ANY OBLIGATIONS TO
COMPENSATE FOR CURRENCY DEVALUATION AND WITHOUT ANY OBLIGATIONS AS TO A
FIXED RATE OF EXCHANGE IN OTHER CURRENCIES.
THESE CONDITIONS WERE STATED IN THE SALES CASE DA ZAC DATED 14 APR 74
UPON ITS CONCLUSION. THE USG CONSIDERS THAT THE INCLUSION OF THESE
CONDITIONS IN THE SALES CASE (ZAC) HAS RESULTED IN SOME LEGAL AND
TECHNICAL PROBLEMS AND CANNOT BE INCLUDED; NEITHER IS IT POSSIBLE TO
INCLUDE THESE CONDITIONS IN THE SALES CASE HBB (DATED 3 MAY 74). AS A
RESULT OF EXCHANGING POINTS OF VIEW ON THI PROBLEM AND IN ACCORDANCE
WITH PARAGRAPH /B/ OF THE "GENERAL CONDITIONS" IN THE MOU 14/2/1393 H.
(19 MAR 73), BOTH PARTIES AGREED UPON THE FOLLOWING:
1. IT IS AGREED THAT BOTH PARTIES DESIRE TO EXECUTE THE SANG
MODERNIZATION PROGRAM IN THE BEST AND MOST ECONOMICAL MANNER. THE USG
UNDERSTANDS AND APPRECIATES THE OBJECTIVES OF THE SAG. FURTHER, TO
ACHIEVE THESE OBJECTIVES THE USG WILL USE THE SAME PRUDENCE AND
PROCEDURES IN THE PROCUREMENTS FOR THE SANG AS IT NOW UTILIZED IN
PROCUREMENT FOR THE US FORCES.
2. IN CONSIDERATION OF THESE OBJECTIVES, ON CONTRACTS FOR SERVICES
TO BE PERFORMED IN SAUDI ARABIA, THE USG WILL ADVISE THE SAG OF THE
CONTRACT CEILING AMOUNT AT TIME OF AWARD.
THIS CONTRACT WILL INCLUDE CERTAIN FIXED ELEMENTS SUCH AS WAGES,
SALARIES, HOUSING, AND SUBSISTENCE ALLOWANCES, ETC. PER EMPLOYEE. IT IS
MUTUALLY UNDERSTOOD THAT THIS AMOUNT WILL NOT BE EXCEEDED UNLESS
REQUIREMENTS FOR ADDITIONAL SERVICES OR OTHER OBLIGATIONS ARE IMPOSED BY
THE SAG. IT IS ALSO UNDERSTOOD THAT IN THE APPLICATION OF US PROCEDURES
THE AMOUNT PAID FOR SERVICES RENDERE UNDER THE CONTRACT COULD BE LESS
THAN THE CEILING. VALID CLAIMS ARISING FROM THESE CONTRACTS WILL BE
TREATED AS A SEPERATE MATTER.
3. IN ORDER TO AVOID ANY TECHNICAL OR LEGAL MISUNDERSTANDINGS
(PROBLEMS) THE SALES CASE (ZAC) CONCLUDED ON THE 14TH OF APRIL 1974 IS
MODIFIED TO DELETE THE TWO NOTES (1 AND 2) WHICH ARE REPLACE BY THIS
PROTOCOL.
4. THE SALES CASE (HBB) DATED 3 MAY 74 SHALL BE CONCLUDED ON THE
SAME BASIS REFERRED TO IN PARAGRAPH /3/ OF THIS PROTOCOL.
THOSE TAKING PART IN THE MEETING SEE THAT THE SPIRIT OF FRIENDSHIP
AND COOPERATION BETWEEN BOTH PARTIES SHALL GUARANTEE THE SETTLEMENT OF
ANY PROBLEMS IN A WAY LEADING TO THE SUCCESS OF THE MODERNIZATION PLAN
ON TIME AND TO THE MUTUAL BENEFIT OF BOTH PARTIES.
SIGNED
JAMES E. AKINS
AMERICAN AMBASSADOR
SIGNED
CHESTER M. MCKEEN, JR.,
MAJOR GENERAL, U.S. ARMY
DEPARTMENT OF DEFENSE
SAUDI ARABIA 5 JUL 1972 FLITE DOCUMENT NO. 7502461
EXCHANGE OF LETTERS
REGARDING THE ARRANGEMENTS FOR SECURITY PROCEDURES WITH RESPECT TO
ALL CLASSIFIED DEFENSE ARTICLES, SERVICES OR INFORMATION
THE SECRETARY OF DEFENSE
WASHINGTON, D.C. 20301
HIS ROYAL HIGHNESS
PRINCE SULTAN IBN ABDUL AZIZ
MINISTER OF DEFENSE AND AVIATION
KINGDOM OF SAUDI ARABIA
YOUR ROYAL HIGHNESS:
I HAVE THE HONOR TO REFER TO THE MUTUAL COOPERATION AGREEMENT BETWEEN
OUR TWO GOVERNMENTS DATED JUNE 18, 1951, PARAGRAPH 7 OF WHICH PROVIDES
THAT THE GOVERNMENT OF SAUDI ARABIA WILL TAKE MEASURES TO PROTECT THE
SECURITY OF ANY ARTICLE, SERVICE OR INFORMATION FURNISHED THE GOVERNMENT
OF SAUDI ARABIA WITH THE ASSISTANCE OF THE GOVERNMENT OF THE UNITED
STATES. PURSUANT THERETO, BY AN EXCHANG OF LETTERS OF AUGUST 9 AND 24,
AND SEPTEMBER 5, 1966, BETWEEN THE HONORABLE ROBERT S. MCNAMARA, THE
SECRETARY OF DEFENSE, AND YOUR HIGHNESS, AGREEMENT WAS REACHED BETWEEN
OUR TWO GOVERNMENTS ON THE BASIC PRINCIPLES AND ARRANGEMENTS FOR THE
SECURITY OF THE HAWK AIR DEFENSE MISSILE SYSTEM. SHORTLY THEREAFTER ON
OCTOBER 23, 1966, AN AGREEMENT ON THE TECHNICAL ARRANGEMENTS CONCERNING
SPECIAL SECURITY MEASURES FOR THE HAWK MISSILE SYSTEM WAS SIGNED BY YOUR
HIGHNESS AND MR. WALTER T. SKALLERUP, JR., FOR THE UNITED STATES
DEPARTMENT OF DEFENSE.
AS YOUR HIGHNESS IS AWARE, UNDER THE TERMS OF THE MEMORANDUM OF
UNDERSTANDING BETWEEN THE GOVERNMENT OF THE UNITED STATES OF AMERICA AND
THE GOVERNMENT OF SAUDI ARABIA CONCERNING THE TECHNICAL AND ADVISORY
ASSISTANCE TO BE FURNISHED BY THE UNITED STATES GOVERNMENT IN CONNECTION
WIT THE SAUDI ARABIAN NAVAL EXPANSION PROGRAM, EXECUTED ON JANUARY 18,
1972, BY YOUR HIGHNESS AND THE UNITED STATES AMBASSADOR TO SAUDI ARABIA,
NICHOLAS G. THACHER, THE GOVERNMENT OF SAUDI ARABIA WILL BE OBTAINING
CERTAIN CLASSIFIED ARTICLES, SERVICES, AND INFORMATION FROM THE
GOVERNMENT OF THE UNITED STATES. IN ADDITION, IT IS CONTEMPLATED THAT
OTHER SUCH CLASSIFIED ITEMS WILL BE PROVIDED I THE FUTURE BY THE
GOVERNMENT OF THE UNITED STATES TO THE GOVERNMENT OF SAUDI ARABIA.
RATHER THAN EXTENDING THE TERMS OF THE HAWK SECURITY AGREEMENT TO
COVER THE NEW CLASSIFIED INFORMATION TO BE PROVIDED, OR EXECUTING A NEW
AGREEMENT EACH TIME, I HAVE THE HONOR TO PROPOSE A CONFIRMATION OF THE
MUTUAL UNDERSTANDING THAT, WITH RESPECT TO ALL CLASSIFIED DEFENSE
ARTICLES, SERVICES OR INFORMATION, THE MINISTRY OF DEFENSE AND AVIATION,
AS THE RECIPIENT, WILL ACCOMPLISH TH FOLLOWING:
A. WILL NOT DISCLOSE ANY UNITED STATES CLASSIFIED INFORMATION TO A
THIRD NATION, TO A NATIONAL O A THIRD NATION, OR TO ANY PERSON OR
ORGANIZATION OUTSIDE YOUR MINISTRY, WITHOUT WRITTEN CONSENT OF THE
DEPARTMENT OF DEFENSE OF THE UNITED STATES;
B. WILL RETAIN ANY UNITED STATES CLASSIFIED INFORMATION ENTIRELY
WITHIN THE JURISDICTION OF THE MINISTRY OF DEFENSE AND AVIATION AND
AFFORD IT SUBSTANTIALLY THE SAME DEGREE OF SECURITY PROTECTION AS YOUR
MINISTRY AFFORDS YOUR OWN INFORMATION CLASSIFIED AT EQUIVALENT LEVELS;
C. WILL USE UNITED STATES CLASSIFIED INFORMATION FOR MILITARY
PURPOSES ONLY;
D. WILL RESPECT ANY PROPRIETARY RIGHTS, SUCH AS PATENTS, PATENT
APPLICATIONS HELD UNDER SECRECY ORDER, COPYRIGHTS, OR TRADE SECRETS
WHICH ARE INVOLVED IN THE INFORMATION;
E. WILL FURNISH THE UNITED STATES DEPARTMENT OF DEFENSE OR ITS
DESIGNATED COMPONENT AGENCIES A SECURITY ASSURANCE STATEMENT ON EACH
INDIVIDUAL DESIGNATED BY THE MINISTRY OF DEFENSE AND AVIATION TO BE A
RECIPIENT OF UNITED STATES CLASSIFIED INFORMATION; AND
F. WILL REPORT TO THE DEPARTMENT OF DEFENSE ANY UNITED STATES
CLASSIFIED INFORMATION WHICH IS SUBJECTED TO ANY ACTUAL OR POSSIBLE
COMPROMISE, ALONG WITH THE EVALUATION OF THE MINISTRY OF DEFENS AND
AVIATION OF THE POSSIBILITY THAT SUCH INFORMATION HAS BEEN COMMUNICATED
TO ANY PERSON OR ORGANIZATION, INCLUDING A THIRD NATION, NOT AUTHORIZED
TO RECEIVE THE SAME.
FOR THESE PURPOSES, INFORMATION IS UNDERSTOOD IN ITS BROADEST SENSE
TO INCLUDE, AMONG OTHER THINGS, ANY DOCUMENT, WRITING, SKETCH,
PHOTOGRAPH, PLAN, MODEL, SPECIFICATION, DESIGN, OR PROTOTYPE WHETHER
COMMUNICATED BY ORAL, VISUAL, OR WRITTEN MEANS, OR BY TRANSFER OF
ARTICLES, EQUIPMENT OR MATERIALS.
THIS UNDERSTANDING WILL APPLY TO ALL TRANSFERS OF UNITED STATES
CLASSIFIED DEFENSE INFORMATION TO YOUR DEFENSE AGENCY, AND AUTHORIZED
OFFICIALS THEREOF, BY REPRESENTATIVES OF THE UNITED STATES, OR BY ANY
OTHER MEANS. THIS UNDERSTANDING, OF COURSE, WILL NOT RESTRICT THE
COMMUNICATION OF SUCH CLASSIFIED INFORMATION TO THOSE OF HIS ADVISORS
WHOM HIS MAJESTY, THE KING, OR YOUR HIGHNESS, BY HI MAJESTY'S PERSONAL
DELEGATION, MIGHT AUTHORIZE TO ACT PURSUANT TO THIS UNDERSTANDING.
IF THE FOREGOING STATEMENT OF BASIC PRINCIPLES IS AGREEABLE TO YOUR
GOVERNMENT, I PROPOSE THAT THIS LETTER AND YOUR REPLY TO THAT EFFECT
SHALL CONSTITUTE AN AGREEMENT WITH RESPECT TO THEM, EFFECTIVE THE DATE
OF YOUR REPLY. IN ORDER TO ASSURE THAT THE DETAILED MEASURES TO BE
TAKEN BY THE AUTHORITIES OF OUR TWO DEFENSE AGENCIES WITH RESPECT TO
THESE BASIC PRINCIPLES ARE ADEQUATE TO PROTECT THE SECURITY OF THOSE
CLASSIFIED ARTICLES, SERVICES, AND INFORMATION, AN APPENDIX, CONTAINING
TECHNICAL ARRANGEMENTS, SIMILAR TO THE ARRANGEMENTS AGREED UPON FOR THE
HAWK MISSILE SYSTEM BUT WITH THE ADDITION OF CERTAIN PROVISIONS TO
PERMIT BROADER APPLICATION OF ITS TERMS, IS ATTACHED, AND IS A PART OF
THIS BASIC AGREEMENT. ONCE AGREEMENT IS REACHED ON THE TERMS OF THE
TECHNICAL ARRANGEMENTS, I PROPOSE THAT WE CONFIRM THAT UNDERSTANDING BY
A FURTHER EXCHANGE OF LETTERS.
SINCERELY,
SIGNED
THE KINGDOM OF SAUDI ARABIA
MINISTRY OF DEFENSE AND AVIATION
MINISTER'S OFFICE
NO. 74/MS
17/1/1393
(2/20/1973)
HIS EXCELLENCY
SECRETARY OF U.S. DEFENSE
AFTER GREETINGS,
REFERENCE TO YOUR EXCELLENCY'S LETTER DATED JULY 5, 1972 REGARDING
THE ARRANGEMENTS FOR SECURITY PROCEDURES FOR THE PROTECTION OF SERVICES
AND SPECIFIED US CLASSIFIED MATERIALS. YOUR EXCELLENCY HAD SUGGESTED
THAT YOUR LETTER AND OUR REPLY TO IT WILL CONSTITUTE AN AGREEMENT ON THE
MAJOR PRINCIPLES OF SECURITY PROCEDURES. IN ADDITION TO THE FOREGOING
AND FOLLOWING TALKS WHICH TOOK PLACE ON THE LEVEL OF STAFF BETWEEN
REPRESENTATIVES OF OUR TWO COUNTRIES, THE MAIN SUGGESTION INVOLVES TWO
AMENDMENTS FOR WHICH I WISH TO CONFIRM THEM AT THIS TIME:
(1) SUB-PARAGRAPH (A) NOW TO READ AS FOLLOWS:
"NO US CLASSIFIED INFORMATION BE DISCLOSED TO ANOTHER STATE, OR TO
ANY CITIZEN OF ANOTHER STATE, OR TO ANY PERSON WHO DOES NOT WORK WITHIN
THE COUNCIL OF MINISTERS WITHOUT THE APPROVAL OF THE US DEFENSE
DEPARTMENT".
(2) SUB-PARAGRAPH (E) NOW TO READ AS FOLLOWS:
"WILL FURNISH THE US DEFENSE DEPARTMENT OR ONE OF ITS SECTIONS, UPON
ITS REQUEST AND ON THE BASIS OF EXCLUSIVE INDIVIDUAL CASE, WITH A
SECURITY SUPPORT MEMORANDUM FOR AN INDIVIDUAL TO BE ASSIGNED B THE SAUDI
MINISTRY OF DEFENSE & AVIATION TO BE THE RECEPIENT OF US CLASSIFIED
INFORMATION".
AND BY ENDORSING THESE TWO AMENDMENTS, I AM HAPPY TO INFORM YOUR
EXCELLENCY THAT MY COUNTRY IS PLEASED TO CONDUCT SUCH AGREEMENT AND THE
COMPETENT AUTHORITIES AT THE MINISTRY OF DEFENSE & AVIATION WILL
COMMENCE IN DEVELOPING THE PROCEDURES MENTIONED IN THE TECHNICAL
ARRANGEMENTS APPENDI ATTACHED TO YOUR LETTER OF JULY 5, 1972.
PLEASE ACCEPT MY BEST WISHES AND MY HIGHEST CONSIDERATION,
SIGNED
SULTAN BIN ABDUL AZIZ
MINISTER OF DEFENSE & AVIATION AND INSPECTOR-GENERAL
THE SECRETARY OF DEFENSE
WASHINGTON, D.C. 20301
HIS ROYAL HIGHNESS
PRINCE SULTAN IBN ABD AL-AZIZ AL SAUD
MINISTER OF DEFENSE AND AVIATION
KINGDOM OF SAUDI ARABIA
YOUR ROYAL HIGHNESS:
THANK YOU FOR YOUR LETTER OF FEBRUARY 26, 1973, IN REPLY TO THE
LETTER OF JULY 5, 1972, FROM THE THEN SECRETARY OF DEFENSE MELVIN R.
LAIRD, CONCERNING ARRANGEMENTS FOR SECURITY MEASURES FOR THE PROTECTION
OF ALL CLASSIFIED DEFENSE ARTICLES, SERVICES OR INFORMATION TO BE
PROVIDED BY THE DEPARTMENT OF DEFENSE OF THE UNITED STATES TO THE
MINISTRY OF DEFENSE AND AVIATION OF SAUDI ARABIA. SECRETARY LAIRD'S
LETTER SET FORTH SIX PRINCIPLES WHICH WOULD, IF AGREED UPON BY BOTH
PARTIES, CONSTITUTE A BASIC AGREEMENT BETWEEN OUR TWO DEFENSE AGENCIES.
YOUR LETTER PROPOSES THAT THE FIRST OF THESE PRINCIPLES SET FORTH IN
SUBPARAGRAPH (A) SHOULD NOW READ AS FOLLOWS: "NO CLASSIFIED AMERICAN
INFORMATION WILL BE DISCLOSED TO ANOTHER STATE, OR A CITIZEN OF ANOTHER
STATE, OR TO ANY PERSON NOT WORKING IN THE FRAMEWORK OF THE COUNCIL OF
MINISTERS WITHOUT THE CONCURRENCE OF THE AMERICAN MINISTRY OF DEFENSE."
I REGRET TO ADVISE YOU THAT THIS LANGUAGE IS NOT ACCEPTABLE TO THIS
DEPARTMENT. WE DESIRE TO LIMIT THE SCOPE OF OUR PROPOSED AGREEMENT AT
THIS TIME TO THOSE CLASSIFIED DEFENSE ARTICLES, SERVICES OR INFORMATION
TO BE PROVIDED ONLY TO THE MINISTRY OF DEFENSE AND AVIATION, AND TO
THOSE OF HIS ADVISORS WHOM HIS MAJESTY, THE KING, OR YOUR HIGHNESS, BY
HIS MAJESTY'S PERSONAL DELEGATION, MIGHT AUTHORIZE TO ACT PURSUANT TO
THIS UNDERSTANDING. AS IT WAS BELIEVED THAT HIS MAJESTY'S ADVISORS
WOULD INCLUDE HIS COUNCIL OF MINISTERS, WE INSTRUCTED OUR
REPRESENTATIVES TO INDICATE OUR APPROVAL OF THE MODIFICATION OF
SUBPARAGRAPH (A) TO INCLUDE A REFERENCE TO THEM. THE LANGUAGE YOU HAVE
PROPOSED COULD BE INTERPRETED TO PROVIDE FOR THE DISCLOSURE OF
CLASSIFIED MILITARY INFORMATION TO ANY OTHER MINISTRY OF SAUDI ARABIA
AND THE DEPARTMENT OF DEFENSE COULD NOT CONCUR IN SUCH DISCLOSURES
WITHOUT CONSULTATION WITH OTHER DEPARTMENTS AND AGENCIES OF THE
GOVERNMENT OF THE UNITED STATES.
IN ORDER TO BE RESPONSIVE TO THE APPARENT DESIRE OF YOUR GOVERNMENT
TO BE ABLE AT SOME FUTURE DAT TO MAKE A WIDER DISTRIBUTION IF NECESSARY
OF THE CLASSIFIED MILITARY INFORMATION PROVIDED BY THE UNITED STATES IT
IS PROPOSED THAT SUBPARAGRAPH (A) BE MODIFIED TO READ AS FOLLOWS: "WILL
NOT DISCLOSE ANY UNITED STATES CLASSIFIED INFORMATION TO A THIRD NATION,
TO A NATIONAL OF A THIRD NATION, OR TO ANY PERSON OR ORGANIZATION
OUTSIDE YOUR MINISTRY OR THE COUNCIL OF MINISTERS, WITHOUT THE APPROVAL
OF THE DEPARTMENT OF DEFENSE OF THE UNITED STATES. IT IS UNDERSTOOD
THAT IF AT ANY TIME THE SAUDI ARABIAN GOVERNMENT SHOULD DESIRE TO
COMMUNICATE SUCH UNITED STATES CLASSIFIED MILITARY INFORMATION TO SOME
OTHER MINISTRY OR SOME OTHER BRANCH OF THE SAUDI ARMED FORCES, THE
UNITED STATES GOVERNMENT WILL IMMEDIATELY CONSIDER WITH THE APPROPRIATE
SAUDI AUTHORITIES WHAT MEASURES SHOULD BE TAKEN."
THE PROPOSED AMENDMENT OF SUBPARAGRAPH (E) SET FORTH IN YOUR LETTER
WHICH READS AS FOLLOWS: "WIL UNDERTAKE TO PROVIDE THE UNITED STATES
DEPARTMENT OF DEFENSE OR ONE OF THE DESIGNATED COMPONENT AGENCIES UPON
THEIR REQUEST ON A CASE-BY-CASE BASIS WITH A MEMORANDUM AFFIRMING THE
SECURITY CLEARANCE OF ANY INDIVIDUAL WHOM THE SAUDI MINISTRY FOR DEFENSE
AND AVIATION DESIGNATES TO BE A RECIPIENT OF UNITED STATES CLASSIFIED
INFORMATION" IS ACCEPTABLE TO THIS DEPARTMENT.
I TRUST THAT YOUR ROYAL HIGHNESS WILL FIND THE FURTHER PROPOSED
MODIFICATION OF SUBPARAGRAPH (A) OF THE LETTER OF JULY 5, 1972
ACCEPTABLE TO YOUR GOVERNMENT. IF SO, I PROPOSE THAT THE LETTER OF JULY
5, 1972, THIS LETTER AND YOUR REPLY TO THAT EFFECT SHALL CONSTITUTE THE
AGREEMENT.
WITH BEST REGARDS,
SINCERELY,
SIGNED
THE KINGDOM OF SAUDI ARABIA
MINISTRY OF DEFENSE AND AVIATION
MINISTER'S OFFICE
NO. 772/MS
26/4/1393
(5/29/1973)
HIS EXCELLENCY
SECRETARY OF US DEFENSE
AFTER GREETINGS,
REFERENCE IS MADE TO YOUR EXCELLENCY'S LETTER DATED MARCH 30, 1973
CONCERNING THE ARRANGEMENTS FO SECURITY AND CLASSIFIED PROCEDURES FOR
THE PROTECTION OF ALL MATERIALS, SERVICES AND CLASSIFIED DEFENSIVE
INFORMATION WHICH WILL BE PROVIDED BY THE US DEFENSE DEPARTMENT TO THE
MINISTRY OF DEFENS & AVIATION IN THE KINGDOM OF SAUDI ARABIA, AND TO
YOUR DESIRE FOR AMENDING THE SUB-PARAGRAPH (E) IN THE FOLLOWING MANNER:
"NO US CLASSIFIED INFORMATION BE DISCLOSED TO A THIRD COUNTRY, OR TO
ANY CITIZEN OF A THIRD COUNTRY OR TO ANY PERSON OR TO ANY ESTABLISHMENT
OUTSIDE THE FRAMEWORK OF YOUR MINISTRY OR THE COUNCIL OF MINISTERS
WITHOUT THE APPROVAL OF THE US DEFENSE DEPARTMENT".
THEREFORE, I ADVISE YOUR EXCELLENCY THAT WE AGREE ON THIS AMENDMENT
AND WE HOPE THAT THE NECESSAR PROCEDURES BE TAKEN SPEEDILY FOR THE
ENFORCEMENT OF THE AGREEMENT.
PLEASE ACCEPT MY BEST WISHES AND HIGHEST APPRECIATION,
SIGNED
SULTAN BIN ABDUL AZIZ
MINISTER OF DEFENSE & AVIATION AND INSPECTOR-GENERAL
HEADQUARTERS
UNITED STATES MILITARY TRAINING MISSION
TO SAUDI ARABIA
DHAHRAN, SAUDI ARABIA
OFFICE OF THE CHIEF
HRH PRINCE SULTAN BIN ABDUL-AZIZ
MINISTER OF DEFENSE AND AVIATION
RIYADH, KINGDOM OF SAUDI ARABIA
YOUR ROYAL HIGHNESS:
AS A RESULT OF CERTAIN CORRESPONDENCE BETWEEN YOUR ROYAL HIGHNESS AND
REPRESENTATIVES OF THE GOVERNMENT OF THE UNITED STATES, AN AGREEMENT WAS
REACHED BETWEEN OUR TWO GOVERNMENTS ON MAY 29, 1973 AS FOLLOWS:
WITH RESPECT TO CLASSIFIED DEFENSE ARTICLES, SERVICES OR INFORMATION,
THE MINISTRY OF DEFENSE AND AVIATION OF THE GOVERNMENT OF SAUDI ARABIA,
AS THE RECIPIENT, WILL ACCOMPLISH THE FOLLOWING:
(A) WILL NOT DISCLOSE ANY UNITED STATES CLASSIFIED INFORMATION TO A
THIRD NATION, TO A NATIONAL OF A THIRD NATION, OR TO ANY PERSON OR
ORGANIZATION OUTSIDE YOUR MINISTRY OR THE COUNCIL OF MINISTERS, WITHOUT
THE APPROVAL OF THE DEPARTMENT OF DEFENSE OF THE UNITED STATES. IT IS
UNDERSTOO THAT IF AT ANY TIME THE SAUDI ARABIAN GOVERNMENT SHOULD DESIRE
TO COMMUNICATE SUCH UNITED STATES CLASSIFIED MILITARY INFORMATION TO
SOME OTHER MINISTRY OR SOME OTHER BRANCH OF THE SAUDI ARMED FORCES, THE
UNITED STATES GOVERNMENT WILL IMMEDIATELY CONSIDER WITH THE APPROPRIATE
SAUDI AUTHORITIES WHAT MEASURES SHOULD BE TAKEN;
(B) WILL RETAIN ANY UNITED STATES CLASSIFIED INFORMATION ENTIRELY
WITHIN THE JURISDICTION OF THE MINISTRY OF DEFENSE AND AVIATION AND
AFFORD IT SUBSTANTIALLY THE SAME DEGREE OF SECURITY PROTECTION AS YOUR
MINISTRY AFFORDS YOUR OWN INFORMATION CLASSIFIED AT EQUIVALENT LEVELS;
(C) WILL USE UNITED STATES CLASSIFIED INFORMATION FOR MILITARY
PURPOSES ONLY;
(D) WILL RESPECT ANY PROPRIETARY RIGHTS, SUCH AS PATENTS, PATENT
APPLICATIONS HELD UNDER SECRECY ORDER, COPY RIGHTS OR TRADE SECRETS
WHICH ARE INCLUDED IN THE INFORMATION;
(E) WILL UNDERTAKE TO PROVIDE THE UNITED STATES DEPARTMENT OF DEFENSE
OR ONE OF THE DESIGNATED COMPONENT AGENCIES UPON THEIR REQUEST ON A
CASE-BY-CASE BASIS WITH A MEMORANDUM AFFIRMING THE SECURITY CLEARANCE OF
ANY INDIVIDUAL WHOM THE SAUDI MINISTRY OF DEFENSE AND AVIATION
DESIGNATES TO BE A RECIPIENT OF UNITED STATES CLASSIFIED INFORMATION;
AND
(F) WILL REPORT TO THE DEPARTMENT OF DEFENSE ANY UNITED STATES
CLASSIFIED INFORMATION WHICH IS SUBJECTED TO ANY ACTUAL OR POSSIBLE
COMPROMISE, ALONG WITH THE EVALUATION OF THE MINISTRY OF DEFENS AND
AVIATION OF THE POSSIBILITY THAT SUCH INFORMATION HAS BEEN COMMUNICATED
TO ANY PERSON OR ORGANIZATION, INCLUDING A THIRD NATION, NOT AUTHORIZED
TO RECEIVE THEM.
FOR THESE PURPOSES, INFORMATION IS UNDERSTOOD IN ITS BROADEST SENSE
TO INCLUDE, AMONG OTHER THINGS, ANY DOCUMENT, WRITING, SKETCH,
PHOTOGRAPH, PLAN, MODEL, SPECIFICATION, DESIGN, OR PROTOTYPE WHETHER
COMMUNICATED BY ORAL, VISUAL, OR WRITTEN MEANS, OR BY TRANSFER OF
ARTICLES, EQUIPMENT OR MATERIALS.
THIS UNDERSTANDING WILL APPLY TO ALL TRANSFERS OF UNITED STATES
CLASSIFIED DEFENSE INFORMATION TO YOUR DEFENSE AGENCY, AND AUTHORIZED
OFFICIALS THEREOF, BY REPRESENTATIVES OF THE UNITED STATES, OR BY ANY
OTHER MEANS. THIS UNDERSTANDING, OF COURSE, WILL NOT RESTRICT THE
COMMUNICATION OF SUCH CLASSIFIED INFORMATION TO THOSE OF HIS ADVISORS
WHO HIS MAJESTY, THE KING, OR YOUR HIGHNESS, BY HIS MAJESTY'S PERSONAL
DELEGATION, MIGHT AUTHORIZE TO ACT PURSUANT TO THIS UNDERSTANDING.
IN ADDITION, CONVERSATIONS BETWEEN REPRESENTATIVES OF OUR RESPECTIVE
GOVERNMENTS HAVE RESULTED IN AGREEMENT UPON A TECHNICAL ARRANGEMENTS
ANNEX TO THE FOREGOING AGREEMENT. I AM ENCLOSING HEREWITH TWO COPIES OF
THE ANNEX, PREVIOUSLY EXECUTED BY ME ON BEHALF OF THE UNITED STATES
DEPARTMENT OF DEFENSE, FOR YOUR SIGNATURE ON BEHALF OF THE MINISTRY OF
DEFENSE AND AVIATION. UPON SIGNATURE OF THE ANNEX, THE ABOVE QUOTED
AGREEMENT TOGETHER WITH ITS ANNEX WILL BECOME APPLICABLE ACCORDING TO
THEIR TERMS AND WILL REPLACE THE TECHNICAL AGREEMENT SIGNED BY YOUR
HIGHNESS AND MR. WALTER B. SKALLERUP JR., ON OCTOBER 23, 1966. IF THE
ANNEX ENCLOSED HEREWITH MEETS WITH YOUR APPROVAL, I WIL BE GRATEFUL IF
YOU WOULD BE KIND ENOUGH TO RETURN A FULLY EXECUTED COPY.
PLEASE BE ASSURED OF MY CONTINUED RESPECT AND HIGH ESTEEM.
SINCERELY,
SIGNED
JOHN G. HILL, JR
BRIGADIER GENERAL, USA
CHIEF
TECHNICAL ARRANGEMENTS BETWEEN THE MINISTRY OF DEFENSE AND AVIATION
(MODA) OF SAUDI ARABIA AND TH DEPARTMENT OF DEFENSE (DOD) OF THE UNITED
STATES CONCERNING SPECIAL SECURITY MEASURES FOR THE SAFE-GUARDING OF
CERTAIN UNITED STATES CLASSIFIED MILITARY ARTICLES, SERVICES AND
INFORMATION
IN FURTHERANCE OF THE MUTUAL COOPERATION OF SAUDI ARABIA AND THE
UNITED STATES, THE MINISTER OF DEFENSE AND AVIATION OF SAUDI ARABIA AND
THE SECRETARY OF DEFENSE OF THE UNITED STATES, AGREE TO CARRY OUT
SPECIAL SECURITY MEASURES TO PROTECT UNITED STATES MILITARY INFORMATION
CLASSIFIED THROUG SECRET AGAINST SABOTAGE, ESPIONAGE, UNAUTHORIZED
ACCESS OR ANY OTHER HOSTILE ACTIVITY, AS FOLLOWS:
I. PERSONNEL SECURITY
A. NO PERSON SHALL BE ENTITLED TO ACCESS TO UNITED STATES CLASSIFIED
MILITARY INFORMATION SOLELY BY VIRTUE OF RANK, APPOINTMENT, OR SECURITY
CLEARANCE. ACCESS TO CLASSIFIED INFORMATION SHALL BE GRANTED ONLY TO
THOSE INDIVIDUALS WHOSE OFFICIAL DUTIES REQUIRE SUCH ACCESS AND WHO HAVE
BEEN INVESTIGATED AND CLEARED FOR ACCESS IN ACCORDANCE WITH PRESCRIBED
STANDARDS. CLASSIFIED MILITARY INFORMATION OR MATERIAL SHALL NOT BE
DISSEMINATED OR RELEASED TO ANY PERSON WHO IS NOT (1) A NATIONAL OF
SAUDI ARABIA, OR (2) A MEMBER OF THE ARMED FORCES OF THE UNITED STATES
OR A UNITED STATES CITIZEN HOLDING DEPARTMENT OF DEFENSE CLEARANCE AT
THE PROPER LEVEL. BEFORE GRANTING AN INDIVIDUAL ACCESS TO CLASSIFIED
MILITARY INFORMATION, THE MODA SHALL MAKE A SECURITY DETERMINATION AS TO
SUCH PERSON'S ELIGIBILITY.
B. THE DETERMINATION AS TO WHETHER THE GRANTING OF A CLEARANCE IS
CONSISTENT WITH THE INTERESTS OF SECURITY SHALL BE BASED UPON ALL
AVAILABLE INFORMATION INDICATING WHETHER SUCH INDIVIDUAL IS OF (1)
UNQUESTIONED LOYALTY, INTEGRITY, AND TRUSTWORTHINESS, AND (2) EXCELLENT
CHARACTER, AND OF SUCH HABITS AND ASSOCIATES AS TO CAST NO DOUBT UPON
HIS DISCRETION OR GOOD JUDGMENT IN THE HANDLING OF CLASSIFIED
INFORMATION.
C. AN APPROPRIATE INVESTIGATION, IN SUFFICIENT DETAIL TO PROVIDE
ASSURANCE THAT THE CRITERIA IN SUBPARAGRAPHS 1B (1) AND (2) ABOVE HAVE
BEEN MET, SHALL BE CONDUCTED BY THE MODA WITH RESPECT TO AN PERSON TO BE
GRANTED ACCESS TO US CLASSIFIED INFORMATION OR MATERIAL.
D. SUCH INVESTIGATION SHALL INCLUDE THE FOLLOWING:
1. CITIZENSHIP: THE INDIVIDUAL'S SAUDI ARABIAN CITIZENSHIP IS
ESTABLISHED.
2. A REVIEW OF THE SECURITY AND INTELLIGENCE RECORD FILES OF THE
MODA SHALL BE MADE FOR PERTINEN FACTS HAVING A BEARING ON THE LOYALTY
AND TRUST-WORTHINESS OF THE INDIVIDUAL.
E. EACH ESTABLISHMENT ASHORE OR AFLOAT HANDLING CLASSIFIED MILITARY
INFORMATION SHALL MAINTAIN A REGISTRY OF THE CLEARANCES OF PERSONNEL
AUTHORIZED TO HAVE ACCESS TO SUCH INFORMATION AT THAT ESTABLISHMENT.
SECURITY CLEARANCES GRANTED AND THE INVESTIGATIVE FILES UPON WHICH SUCH
CLEARANCES WERE GRANTED SHALL BE MAINTAINED IN A CENTRAL REPOSITORY OF
THE MODA. RECORDS SHALL REFLECT THE DATES OF INVESTIGATIONS, THE
LOCATIONS OF THE INVESTIGATIVE FILES, THE DATES CLEARANCES WERE GRANTED,
THE NAME OF THE AUTHORIZED PERSON GRANTING CLEARANCES, AND THE DEGREE OF
ACCESS TO WHICH THE INDIVIDUALS ARE AUTHORIZED. EACH CLEARANCE SHALL BE
RE-EXAMINED AS A MATTER OF PRIORITY WHEN NEW INFORMATION IS RECEIVED
WHICH INDICATES THAT CONTINUED ACCESS TO SUCH CLASSIFIED INFORMATION MA
NO LONGER BE CONSISTENT WITH THE INTERESTS OF SECURITY.
II. SUPPLEMENTAL SECURITY PRINCIPLES AND PRACTICES
A. THE MODA SHALL BE RESPONSIBLE FOR ADMINISTERING THE SECURITY
MEASURES CONTAINED HEREIN UNDER THE STANDARDS SET FORTH.
B. THE MODA SHALL BE RESPONSIBLE FOR THE SECURITY OF THE FACILITIES
AND ESTABLISHMENTS SHORE BASED AND AFLOAT WHERE CLASSIFIED MILITARY
INFORMATION AND MATERIAL ARE AVAILABLE, INCLUDING TRAINING AND
MAINTENANCE INSTALLATIONS, AND SHALL APPOINT QUALIFIED MODA OFFICERS FOR
EACH SUCH FACILITY, ESTABLISHMENT, OR SHIP WHO SHALL HAVE AUTHORITY AND
RESPONSIBILITY FOR THE CONTROL AND PROTECTION OF CLASSIFIED INFORMATION
IN THE FACILITY, ESTABLISHMENT, OR SHIP.
C. AUTHORIZATIONS FOR VISITS TO AREAS OF FACILITIES, ESTABLISHMENTS,
OR SHIPS WHERE ACCESS TO UNITED STATES CLASSIFIED MILITARY INFORMATION
IS AVAILABLE SHALL BE LIMITED TO THOSE NECESSARY FOR OFFICIAL PURPOSES.
AUTHORIZATIONS TO VISIT SUCH AN AREA SHALL BE GRANTED ONLY BY THE MODA.
THE MODA SHALL BE RESPONSIBLE FOR ADVISING THE APPROPRIATE PERSONNEL ON
THE PARTICULAR FACILITY, ESTABLISHMENT, OR SHIP OF THE PROPOSED VISIT,
AND THE SCOPE AND HIGHEST CLASSIFICATION OF INFORMATION THAT MAY BE
FURNISHED TO THE VISITOR. GENERAL VISITING TO SHIPS SHALL BE LIMITED TO
THOSE AREAS WHERE NO CLASSIFIED INFORMATION IS AVAILABLE.
D. THE MODA SHALL SUBMIT REQUESTS FOR VISITS TO INDUSTRIAL
INSTALLATIONS WITHIN THE UNITED STATE TO THE EMBASSY OF SAUDI ARABIA,
WASHINGTON, D.C., FOR TRANSMITTAL TO THE FOREIGN LIAISON OFFICE OF THE
APPROPRIATE MILITARY DEPARTMENT, PENTAGON, WASHINGTON, D.C. SUCH
REQUESTS SHALL INCLUDE A STATEMENT OF THE SECURITY CLEARANCE AND
OFFICIAL STATION OF THE VISITOR AND THE NECESSITY FOR THE VISIT.
III. PHYSICAL SECURITY
A. THE MODA SHALL RETAIN CUSTODY OF ALL UNITED STATES CLASSIFIED
MILITARY EQUIPMENT, COMPONENTS, AND ASSOCIATED DRAWINGS AND INSTRUCTIONS
WHILE IN TRANSIT OR STORAGE WITHIN SAUDI ARABIA. SECURITY
RESPONSIBILITY FOR THE CLASSIFIED ASPECTS OF NAVAL SHIPS COMMENCES WHEN
THE GOVERNMENT OF SAUDI ARABIA TAKES POSSESSION OF THEM IN THE UNITED
STATES AT EITHER A UNITED STATES GOVERNMENT NAVAL SHIPYARD OR A
COMMERCIAL SHIPYARD. SECURITY RESPONSIBILITY COMMENCES UPON ARRIVAL OF
A SHIP IN POR IN SAUDI ARABIA, OR THE LANDING OF AN AIRPLANE AT AN
AIRPORT IN SAUDI ARABIA, CONTAINING ANY CLASSIFIED MATERIAL OR
INFORMATION.
B. UNITED STATES INFORMATION CLASSIFIED CONFIDENTIAL SHALL BE STORED
IN SAFES OR STEEL CABINETS WITH LOCKING DEVICES WHICH ARE REGULARLY
INSPECTED AND PROVEN TO BE SECURE. UNITED STATES INFORMATION CLASSIFIED
SECRET SHALL BE STORED IN SAFES OR IN CABINETS WITH LOCKS AND BARS WHICH
ARE CONSIDERED ADEQUATE BY THE MODA FOR THE STORAGE OF SAUDI ARABIAN
INFORMATION CLASSIFIED VERY SECRET
ENTRANCES TO BUILDINGS IN WHICH CLASSIFIED MATERIAL IS STORED SHALL
BE UNDER THE SURVEILLANCE OF ARMED GUARDS ON A 24 HOUR BASIS.
IV. TRANSMISSION
THE MINIMUM REQUIREMENTS FOR THE SECURITY OF UNITED STATES CLASSIFIED
INFORMATION DURING TRANSMISSION SHALL BE AS FOLLOWS:
A. DOCUMENTS. UNITED STATES DOCUMENTS CLASSIFIED THRU SECRET SHALL
BE TRANSMITTED AS SAUDI ARABIAN VERY SECRET DOCUMENTS. DOCUMENTS SHALL
BE IN DOUBLE SEALED ENVELOPES, THE INNERMOST BEARIN ONLY THE
CLASSIFICATION OF THE MATERIAL ENCLOSED AND THE OUTER ENVELOPE BEARING
ONLY THE ADDRESS OF THE RECIPIENT, THE ADDRESS OF THE SENDER, AND THE
REGISTRY NUMBER OF THE SHIPMENT. NO INDICATION O THE CLASSIFICATION OF
THE ENCLOSED DOCUMENTS SHALL BE MADE ON THE OUTER ENVELOPE. THE SEALED
ENVELOPES SHALL THEN BE HAND-CARRIED BY AN ARMED COURIER. RECEIPTS ARE
TO BE OBTAINED ON EVERY OCCASION WHEN CLASSIFIED DOCUMENTS CHANGE HANDS
ENROUTE; AND, A RECEIPT IS TO BE ISSUED BY THE FINA RECIPIENT TO THE
ORIGINAL CONSIGNOR.
B. MATERIAL AND EQUIPMENT
1. BY RAIL OR ROAD. CLASSIFIED MATERIAL AND EQUIPMENT SHALL BE
TRANSPORTED IN SEALED COVERED VANS OR CARS, OR SECURELY SHIELDED AND
KEPT UNDER CONTINUOUS GUARD TO PREVENT ACCESS BY UNAUTHORIZE PERSONS.
2. STORAGE ASHORE IN TRANSIT. CLASSIFIED MATERIAL AND EQUIPMENT
WHICH MUST BE STORED ASHORE TEMPORARILY AWAITING TRANSSHIPMENT SHALL BE
IN SECURE LOCKED STORAGE OR SEGREGATED AREAS. GUARDS SHALL MAINTAIN
CONTINUOUS SURVEILLANCE OF THE STORAGE, AND ONLY APPROPRIATE SECURITY
PERSONNEL SHAL HAVE CUSTODY OF THE KEY TO THE STORAGE.
3. RECEIPTS. RECEIPTS ARE TO BE OBTAINED ON EVERY OCCASION WHEN
CLASSIFIED MATERIAL AND EQUIPMENT CHANGES HANDS ENROUTE; AND, A RECEIPT
IS TO BE ISSUED BY THE FINAL RECIPIENT TO THE ORIGINAL CONSIGNOR.
C. ELECTRIC MEANS. ALL UNITED STATES CLASSIFIED INFORMATION
TRANSMITTED BY ELECTRIC MEANS SHALL BE ENCRYPTED IN A SYSTEM OF THE SAME
CLASSIFICATION AS THAT OF MODA INFORMATION CLASSIFIED VERY SECRET AND
AVAILABLE TO THE LEAST NUMBER OF COMMANDS, AGENCIES, AND PERSONS TO
ASSURE DELIVERY TO THOSE WHO HAVE A REAL "NEED-TO-KNOW."
V. ACCOUNTABILITY
ACCOUNTABILITY PROCEDURE SHALL BE ESTABLISHED TO CONTROL THE
DISSEMINATION OF CLASSIFIED INFORMATION AND MATERIAL. CONTROL OFFICIALS
SHALL BE DESIGNATED TO MAINTAIN ACCOUNTABILITY REGISTERS FOR THE RECEIPT
AND DISPATCH OF CLASSIFIED DOCUMENTS.
VI. MARKING OF DOCUMENTS
THE MODA SHALL STAMP THE NAME OF THE UNITED STATES GOVERNMENT ON ALL
CLASSIFIED DOCUMENTS AND MATERIAL RECEIVED, IN ADDITION TO THE
APPROPRIATE SAUDI ARABIAN SECURITY CLASSIFICATION MARKING, TO PREVENT
LOSS OF IDENTITY.
VII. DESTRUCTION
A. CLASSIFIED DOCUMENTS, WHEN NO LONGER REQUIRED, SHALL BE DESTROYED
BY BURNING SO EFFECTIVELY A TO PREVENT COMPROMISE OF THE CLASSIFIED
INFORMATION CONTAINED THEREIN. ACCOUNTABILITY RECORDS SHAL BE
MAINTAINED TO REFLECT THE DESTRUCTION OF CLASSIFIED DOCUMENTS.
B. CLASSIFIED MATERIAL SHALL BE DESTROYED BEYOND RECOGNITION SO AS TO
PRECLUDE RECONSTRUCTION OF THE CLASSIFIED INFORMATION IN WHOLE OR IN
PART.
VIII. REPRODUCTION
WHEN A CLASSIFIED DOCUMENT IS REPRODUCED, ALL ORIGINAL SECURITY
MARKINGS THEREON ALSO SHALL BE REPRODUCED OR SHOWN ON EACH REPRODUCTION.
SUCH REPRODUCED DOCUMENTS SHALL BE PLACED UNDER ACCOUNTABILITY CONTROLS
REQUIRED FOR THE ORIGINAL DOCUMENT.
IX. TRANSLATION
ALL TRANSLATIONS OF DOCUMENTS OR PORTIONS OF DOCUMENTS CONTAINING
CLASSIFIED INFORMATION SHALL BE MADE BY CLEARED PERSONNEL BY OR UPON
APPROVAL OF THE MODA. THE NUMBER OF COPIES AND THE DISTRIBUTION THEREOF
SHALL BE STRICTLY CONTROLLED. SUCH TRANSLATIONS SHALL BEAR APPROPRIATE
SECURITY MARKINGS AND A SUITABLE NOTATION IN THE LANGUAGE OF THE
TRANSLATION INDICATING THAT THE DOCUMENT CONTAINS CLASSIFIED INFORMATION
REQUIRING SPECIAL HANDLING UNDER THESE ARRANGEMENTS.
X. TEST AND MAINTENANCE
ALL TESTS AND MAINTENANCE OF UNITED STATES CLASSIFIED MATERIAL AND
EQUIPMENT SHALL BE CONDUCTED B (1) MODA MILITARY PERSONNEL, (2) SUCH
UNITED STATES MILITARY OR CIVILIAN TECHNICIANS AS HAVE BEEN CLEARED FOR
SUCH WORK BY THE DEPARTMENT OF DEFENSE. SUCH TESTS AND MAINTENANCE WORK
SHALL BE CONDUCTED ONLY AT MODA FACILITIES, INSTALLATIONS, OR
ESTABLISHMENTS, OR UNITED STATES CONTROLLED FACILITIES, OR AS MUTUALLY
AGREED.
XI. ACTION IN THE EVENT OF POSSIBLE COMPROMISE
WHEN A POSSIBILITY OF COMPROMISE EXISTS DUE TO APPARENT LOSS OR
MISROUTING OF CLASSIFIED DOCUMENTS, MESSAGES, MATERIAL OR EQUIPMENT, THE
USMTMSA SHALL BE INFORMED IMMEDIATELY AND AN INVESTIGATION SHALL BE
INITIATED BY MODA TO DETERMINE THE FULL FACTS IN THE MATTER. RESULTS OF
THE INVESTIGATION AND INFORMATION REGARDING MEASURES TAKEN TO PREVENT
RECURRENCE SHALL BE FORWARDED BY MODA EXPEDITIOUSLY TO THE USMTMSA.
XII. REVIEW OF SECURITY SYSTEMS
IT IS RECOGNIZED THAT EFFECTIVE AND PROMPT IMPLEMENTATION OF THE
FOREGOING SECURITY POLICIES AND PRACTICES CAN BE MATERIALLY ADVANCED
THROUGH VISITS OF SECURITY PERSONNEL. ACCORDINGLY, IT IS AGREED TO
CONTINUE A THOROUGH EXCHANGE OF VIEWS RELATIVE TO SECURITY POLICY,
STANDARDS, AND PROCEDURE. FURTHER, SECURITY WORKING GROUPS OF THE
UNITED STATES DEPARTMENT OF DEFENSE, AFTER PRIO CONSULTATION WITH THE
MODA, SHALL BE PERMITTED TO VISIT, EXAMINE, AND VIEW FIRST HAND, THE
IMPLEMENTING PROCEDURES OF THE MODA, WITH ACTION TO BE UNDERTAKEN WITH A
VIEW TO ACHIEVING REASONABLE COMPARABILITY OF THE SECURITY SYSTEMS OF
THE MODA AND THE DOD. SUCH VISITS SHALL TAKE PLACE IN COLLABORATION
WITH REPRESENTATIVES OF THE MODA.
SULTAN BIN ABDUL AZIZ
MINISTER OF DEFENSE AND AVIATION
AND INSPECTOR GENERAL
SIGNED
JOHN G. HILL, JR
BRIGADIER GENERAL, USA
CHIEF, USMTMSA
PORTUGAL 29 JUL 1974 FLITE DOCUMENT NO. 7502460
AGREEMENT
TO ESTABLISH DIRECTIVES FOR THE OPERATION OF THE PORTUGUESE CIVILIAN
MESS HALL
AGREEMENT BETWEEN COMMANDER UNITED STATES FORCES AZORES AND COMMANDER
AZORES AIR ZONE FOR THE FEEDING OF PORTUGUESE NATIONALS EMPLOYED BY
UNITED STATES GOVERNMENT AGENCIES ON TERCEIRA ISLAND, AZORES
THE PURPOSE OF THIS AGREEMENT IS TO ESTABLISH DIRECTIVES FOR THE
OPERATION OF THE PORTUGUESE CIVILIAN PERSONNEL MESS HALL PRESENTLY
LOCATED IN UNITED STATES AIR FORCE BUILDING T-319 AT AIR BAS NO. 4,
TERCEIRA, ISLAND, AZORES, BY THE COMMANDER, AZORES AIR ZONE.
PART I
IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT, THE COMMANDER, AZORES
AIR ZONE WILL ASSUME THE FOLLOWING RESPONSIBILITIES:
1. OPERATE THE PORTUGUESE CIVILIAN PERSONNEL MESS HALL AND HIRE THE
NECESSARY PERSONNEL FOR SAID OPERATION, WITH SALARIES NOT TO EXCEED THE
CATEGORIES SHOWN IN THE MANNING TABLE, ATTACHMENT 1.
2. FURNISH MEALS TO AUTHORIZED PORTUGUESE NATIONALS EMPLOYED BY
OFFICIAL AGENCIES OF THE UNITED STATES (THOSE IN POSSESSION OF A DULY
AUTHENTICATED PASS) STATIONED AT AIR BASE NO. 4, (LAJES FIELD), APO, NEW
YORK, 09406, ON THE FOLLOWING BASIS:
A. FOUR (4) MEALS PER DAY TO FIREMEN ON DUTY AT THE FIRE STATIONS.
B. THREE (3) MEALS PER DAY TO THOSE PERSONS LIVING IN THE CIVILIAN
PERSONNEL CAMP THAT HAVE BEEN AUTHORIZED TO RECEIVE THEM.
C. ONE (1) MEAL PER EACH WORKING DAY TO ALL OTHER PORTUGUESE
EMPLOYEES WHICH ARE NOT INCLUDED IN THE CATEGORIES DESCRIBED IN
PARAGRAPHS A AND B ABOVE.
D. IF REQUIRED TO WORK OVERTIME, ONE (1) ADDITIONAL MEAL MAY BE
SERVED WHEN REQUESTED BY THE UNITED STATES MILITARY SUPERVISORS OF THE
PERSONNEL CONCERNED.
E. ONE (1) MEAL PER DAY TO THOSE EMPLOYEES HIRED BY THE AZORES AIR
ZONE FOR THE OPERATION OF THE PORTUGUESE CIVILIAN PERSONNEL MESS HALL
AND PORTUGUESE CIVILIAN PERSONNEL RECRUITMENT SECTION OF TH AZORES AIR
ZONE.
3. TRANSPORT ALL FOOD AND SUPPLIES REQUIRED FOR THE PORTUGUESE
CIVILIAN PERSONNEL MESS HALL AND TRANSPORT MEALS TO PERSONNEL ON DUTY AT
THE FIRE STATIONS AND TERMINAL SERVICES.
4. PROVIDE:
A. LAUNDERING OF ALL ITEMS INCLUDING UNIFORMS.
B. CLEANING SUPPLIES SUCH AS MOPS, BROOMS, SOAP, DISINFECTANT, AND
WAX.
C. REPLACEMENT OF CHINAWARE, KNIVES, FORKS, SPOONS, CUPS, TRAYS, AND
FURNITURE CAUSED BY BREAKING, LOSS OR DETERIORATION.
5. EXERCISE DUE CARE IN THE USE AND OPERATION OF THE BUILDING
BELONGING TO THE UNITED STATES, AN INSTALLED FACILITIES AND FURNITURE.
THE COMMANDER, AZORES AIR ZONE WILL RECEIPT FOR ALL PROPERTY LOANED TO
HIM UNDER THIS AGREEMENT AND UPON TERMINATION OF THIS AGREEMENT WILL
RETURN SAID PROPERTY IN THE SAME CONDITIONS EXCEPT FOR THE FAIR WEAR AND
TEAR RESULTING FROM ORDINARY USE.
6. FREE THE GOVERNMENT OF THE UNITED STATES OR ANY AGENCY OF SAME OF
ALL AND ANY CLAIM RESULTING FROM THE OPERATION OF THE PORTUGUESE
CIVILIAN PERSONNEL MESS HALL IN FAVOR OF PORTUGUESE CIVILIANS WHO MIGHT
INJURE THEMSELVES WHILE IN THE PREMISES OF REFERRED MESS HALL AND WHO
ARE NOT PART OF THE MANNING TABLE WHICH IS ATTACHMENT 1 OF THIS
AGREEMENT OR ARE COVERED BY ARTICLE 62 OF SPECIAL REGULATION FOR
CIVILIAN PERSONNEL, 17 SEPTEMBER 1965.
7. ADMINISTER THE SOCIAL WELFARE PROGRAM FOR EMPLOYEES WORKING IN
THE PORTUGUESE CIVILIAN PERSONNEL MESS HALL IN ACCORDANCE WITH SPECIAL
REGULATION FOR CIVILIAN PERSONNEL WORKING FOR THE U.S. FORCES AZORES.
PART II
IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT, THE COMMANDER, 1605TH
AIR BASE WING (MAC), WILL ASSUME THE FOLLOWING RESPONSIBILITIES:
1. PROVIDE, ON A HAND-RECEIPT BASIS, U.S. AIR FORCE BUILDING T-319,
COOKING FACILITIES INSTALLED COOKING UTENSILS, CHINAWARE, TRAYS, KNIVES,
FORKS, SPOONS, AND FURNITURE.
2. PROVIDE FUEL OIL FOR HEATING PURPOSES, ELECTRICITY AND WATER.
3. PROVIDE MAINTENANCE OF BUILDING T-319 AND ALSO THE MAINTENANCE
AND SPARE PARTS FOR ALL INSTALLED EQUIPMENT THAT IS REQUIRED AS A RESULT
OF NORMAL USAGE.
4. PROVIDE INSURANCE COVERING ACCIDENTS AT WORK AS REQUIRED BY
PORTUGUESE LAW 1,942 AND ANY AMENDMENTS THERETO FOR THE EMPLOYEES
WORKING IN THE PORTUGUESE CIVILIAN PERSONNEL MESS HALL.
5. PAY TO THE ADMINISTRATIVE COUNCIL OF THE COMMAND OF THE AZORES
AIR ZONE, EACH MONTH, AN AMOUN EQUAL TO THE AMOUNT OF THE SALARIES PAID
BY THE ADMINISTRATIVE COUNCIL, AZORES AIR ZONE COMMAND TO THE PERSONNEL
HIRED TO WORK IN THE PORTUGUESE CIVILIAN PERSONNEL MESS HALL, IN
ACCORDANCE WITH MANNING TABLE INDICATED ON ATTACHMENT 1 OF THIS
AGREEMENT.
6. MAKE MONTHLY PAYMENTS TO THE ADMINISTRATIVE COUNCIL OF THE
COMMAND OF THE AZORES AIR ZONE, AN AMOUNT NOT TO EXCEED SEVENTEEN
PERCENT (17%) OF THE SALARIES PAID TO THE EMPLOYEES WORKING IN THE
PORTUGUESE CIVILIAN PERSONNEL MESS HALL, FOR THE SOCIAL WELFARE PROGRAM.
7. PAY TO THE ADMINISTRATIVE COUNCIL OF THE COMMAND OF THE AZORES
AIR ZONE, 7,500$00 PER MONTH FOR ALL LAUNDRY INCLUDING UNIFORMS;
CLEANING SUPPLIES SUCH AS MOPS, BROOMS, SOAP, DISINFECTANT, WAX
REPLACEMENT OF KNIVES, FORKS, SPOONS, CHINA, CUPS, TRAYS, AND FURNITURE
AS NECESSARY BECAUSE OF BREAKAGE, LOSS OR DETERIORATION.
8. PAY TO THE ADMINISTRATIVE COUNCIL OF THE COMMAND OF THE AZORES
AIR ZONE, 19,000$00 PER MONTH TO COVER THE COST OF TRANSPORTING
COMESTIBLES PURCHASED AT VARIOUS POINTS ON THE ISLAND TO THE PORTUGUESE
CIVILIAN PERSONNEL MESS AND FOR DELIVERING MEALS TO THE FIRE STATIONS.
9. PAY TO THE ADMINISTRATIVE COUNCIL OF THE COMMAND OF THE AZORES
AIR ZONE, 13$50 PER MEAL FURNISHED TO PORTUGUESE NATIONAL EMPLOYEES.
10. ISSUE, ON A HAND-RECEIPT BASIS, WHEN AVAILABLE, 2 UNIFORMS FOR
EACH OF THE EMPLOYEES NOT UNDER A CONTRACT FOR ADMINISTRATIVE PURPOSES.
PROVIDE SUITABLE REPLACEMENT UNIFORMS, AS THEY ARE TURNED IN, AND
DECLARED BEYOND ECONOMICAL REPAIR TO THE COMMANDER, 1605TH AIR BASE WING
(MAC).
PART III
1. ALL FIXED EXPENSES (SEVENTEEN PERCENT OF SALARIES FOR THE SOCIAL
WELFARE PROGRAM, 7,500$00 PE MONTH FOR LAUNDRY AND MISCELLANEOUS, AND
19,000$00 PER MONTH FOR THE FOOD TRANSPORTATION EXPENSES) WILL BE PAID
BY THE 1605TH AIR BASE WING TO THE ADMINISTRATIVE COUNCIL OF THE COMMAND
OF THE AZORES AIR ZONE, UPON PRESENTATION OF A PROPERLY AUTHENTICATED,
ITEMIZED STATEMENT BY THE LATTER.
2. ALL EXPENSES WHICH ARE PERIODICALLY VARIABLE, I.E., MONTLY
RENUMERATION OF PERSONNEL CONTRACTED FOR OPERATION OF THE MESS, AND
SEMI-MONTHLY PAYMENT OF 13$50 PER MEAL, ARE PAID BY THE COMMANDER,
1605TH AIR BASE WING TO THE ADMINISTRATIVE COUNCIL OF THE COMMAND OF THE
AZORES AIR ZONE UPON PRESENTATION OF A PROPERLY AUTHENTICATED AND
ITEMIZED STATEMENT BY THE LATTER.
PART IV
THIS AGREEMENT BECOMES EFFECTIVE 1 JULY 1974 AND MAY BE TERMINATED OR
RENEGOTIATED AT ANY TIME THEREAFTER AT THE REQUEST OF EITHER PARTY.
THIS AGREEMENT WAS SIGNED THIS 29 DAY OF JULY 1974.
SIGNED
AVIATION PILOT
INTERIM COMMANDER AZORES AIR ZONE
MARIO EDUARDO DE MELO WILTON PEREIRA
COLONEL
AVIATION PILOT
INTERIM COMMANDER, AZORES AIR ZONE
SIGNED
WILLIAM P. COMSTOCK
BRIGADIER GENERAL, USAF
COMMANDER, UNITED STATES
FORCES AZORES
PORTUGUESE CIVILIAN PERSONNEL REQUIREMENTS FOR THE OPERATION OF THE
PORTUGUESE CIVILIAN PERSONNEL MESS HALL CONTRACTED FOR THE UNITED STATES
FORCES AZORES.
POSITION GRADE QUANTITY
BOOKKEEPER, HELPER (LGS-6) 1
CLERK, 2ND CLASS (LGS-4) 1
STOREROOM CLERK, 1ST CLASS (LGS-4 1
STOREROOM CLERK, 2ND CLASS (LGS-3) 1
CHIEF COOK (LWR-11) 1
COOK, 1ST CLASS (LEADER) (LWR-10 1
COOK, 2ND CLASS (LWR-8) 5
COOK, 3RD CLASS (LWR-6) 5
COOK, HELPER (LWR-5) 4
WAITER, 1ST CLASS (LWR-6) 2
WAITER, 2ND CLASS (LWR-5) 5
THIS ATTACHMENT WAS SIGNED THIS 29 DAY OF JULY 1974.
SIGNED
MARIO EDUARDO DE MELO WILTON PEREIRA
COLONEL
AVIATION PILOT
INTERIM COMMANDER, AZORES AIR ZONE
SIGNED
WILLIAM P. COMSTOCK
BRIGADIER GENERAL, USAF
COMMANDER, UNITED STATES
FORCES AZORES
PHILIPPINES 29 NOV 1974 AND 17 JAN 1975 FLITE DOCUMENT NO. 7502459
EXCHANGE OF NOTES
PROPOSED HEALTH PROGRAM IN OLONGAPO CITY AS STATED IN THE MEMORANDUM
OF UNDERSTANDING SIGNED ON 2 OCTOBER 1974.
NO. 75-173
THE DEPARTMENT OF FOREIGN AFFAIRS PRESENTS ITS COMPLIMENTS TO THE
EMBASSY OF THE UNITED STATES OF AMERICA AND, WITH REFERENCE TO THE
EMBASSY'S NOTE NO. 762 DATED 29 NOVEMBER 1974, HAS THE HONOR TO INFORM
THE EMBASSY THAT THE DEPARTMENT CONCURS WITH THE PROPOSED HEALTH PROGRAM
IN OLONGAPO CITY AS EMBODIED IN THE MEMORANDUM OF UNDERSTANDING SIGNED
ON 22 OCTOBER 1974 PURSUANT TO ARTICLE VIII OF THE 1947 MILITARY BASES
AGREEMENT, AS AMENDED.
THE DEPARTMENT AVAILS ITSELF OF THIS OPPORTUNITY TO RENEW TO THE
EMBASSY THE ASSURANCES OF ITS HIGHEST CONSIDERATION.
MANILA, 17 JANUARY 1975
NO. 762
THE EMBASSY OF THE UNITED STATES OF AMERICA PRESENTS ITS COMPLIMENTS
TO THE DEPARTMENT OF FOREIGN AFFAIRS OF THE REPUBLIC OF THE PHILIPPINES
AND HAS THE HONOR TO REFER TO ARTICLE VIII OF THE US/RP MILITARY BASES
AGREEMENT OF 1947, AS AMENDED, PERTAINING TO HEALTH MEASURES. IN THIS
CONNECTION TH EMBASSY WISHES TO INFORM THE DEPARTMENT THAT OLONGAPO CITY
AUTHORITIES, IN COOPERATION WITH U.S. NAVY MEDICAL PERSONNEL, HAVE
DEVELOPED A PROPOSED PUBLIC HEALTH PROGRAM.
UNDER THE PROPOSAL, THE CITY OF OLONGAPO WOULD HAVE FULL MEDICAL AND
SUPERVISORY RESPONSIBILITY FOR THE PROGRAM AND WOULD FURNISH THE
BUILDING, UTILITIES AND CLINICAL AND OTHER EMPLOYEES. THE U.S. NAVY'S
RESPONSIBILITIES WOULD BE SUPPORTIVE AND LOGISTICAL AND LIMITED TO
PROVIDING FUNDS TO REHABILITATE OLONGAPO CITY'S SOCIAL HYGIENE CLINIC,
FURNISHING THE REQUIRED SUPPLIES, PROVIDING SOM INITIAL LABORATORY
TRAINING AND LOANING SOME EQUIPMENT INCLUDING VEHICLES WITH DRIVERS.
THIS ARRANGEMENT HAS BEEN INCORPORATED INTO A MEMORANDUM OF
UNDERSTANDING WHICH HAS BEEN SIGNED BY RESPONSIBLE OFFICIALS OF SUBIC
NAVAL BASE AND OLONGAPO CITY (ENCLOSURE 1) AND APPROVED BY THE REGIONAL
HEALTH DIRECTOR, PHILIPPINE DEPARTMENT OF HEALTH (ENCLOSURE 2).
THE RELEVENT PORTION OF ARTICLE VIII PROVIDES, "THE U.S. SHALL
LIKEWISE HAVE THE RIGHT, IN COOPERATION WITH THE APPROPRIATE AUTHORITIES
OF THE PHILIPPINES, TO TAKE SUCH STEPS AS MAY BE MUTUALLY AGREED UPON TO
BE NECESSARY TO IMPROVE HEALTH AND SANITATION IN AREAS CONTIGUOUS TO THE
BASES, ..." THE EMBASSY BELIEVES THAT THE PROGRAM IN QUESTION IN WITHIN
THE TERMS OF THE ABOVE CITED ARTICLE AND THAT SUCH PROGRAM WOULD BE OF
BENEFIT TO BOTH GOVERNMENTS. IT IS REQUESTED THAT THE EMBASSY BE
INFORMED WHETHER THE DEPARTMENT CONCURS WITH PROCEEDING WITH THE
PROGRAM.
THE EMBASSY AVAILS ITSELF OF THIS OPPORTUNITY TO RENEW TO THE
DEPARTMENT OF FOREIGN AFFAIRS THE ASSURANCES OF ITS HIGHEST
CONSIDERATION.
EMBASSY OF THE UNITED STATES OF AMERICA
MANILA, NOVEMBER 29, 1974
DRAFTER: LO:AJBUTLER:JJ
POL/MIL:RDPALMER
COORD: POL:FMEADE
INITIALS: ADCM:TEARNOLD
PHILIPPINES 22 OCT 1974 FLITE DOCUMENT NO. 7502458
MEMORANDUM OF UNDERSTANDING
CONTROL OF VENEREAL DISEASE (VD) IN OLONGAPO CITY AND SURROUNDING
ENVIRONS ON THE PART OF THE REPUBLIC OF THE PHILIPPINES AND THE
PERSONNEL EMBARKED ABOARD SHIPS OR STATIONED AT MILITARY INSTALLATIONS
IN THE SURROUNDING AREA ON THE PART OF THE U.S.
MEMORANDUM OF AGREEMENT
THIS AGREEMENT IS ENTERED INTO AS OF 22 OCTOBER, 1974, BY AND BETWEEN
THE COMMANDING OFFICER, U.S NAVAL HOSPITAL, SUBIC BAY, REPUBLIC OF THE
PHILIPPINES AS THE AGENT OF THE UNITED STATES OF AMERICA HEREINAFTER
REFERRED TO AS THE U.S., AND THE MAYOR OF THE CITY OF OLONGAPO, REPUBLIC
OF THE PHILIPPINES, HEREINAFTER REFERRED TO AS R.P.
WITNESSETH:
WHEREAS, THE GOVERNMENTS OF THE REPUBLIC OF THE PHILIPPINES AND THE
UNITED STATES SHARE A COMMON MEDICAL PROBLEM IN THE CONTROL OF VENEREAL
DISEASE (VD) IN OLONGAPO CITY AND SURROUNDING ENVIRONS O THE PART OF THE
R.P. AND THE PERSONNEL EMBARKED ABOARD SHIPS OR STATIONED AT MILITARY
INSTALLATIONS IN THE SURROUNDING AREA ON THE PART OF THE U.S., AND
WHEREAS, IT IS CONSIDERED THAT CONTROL OF VD CAN BE ACHIEVED ONLY BY
A MUTUAL AND CONCERTED EFFOR BY THE GOVERNMENTS OF THE R.P. AND U.S.
ACTING IN CONCERT, AND
WHEREAS, THE GOVERNMENTS OF THE R.P. AND U.S. ACTING TO ACHIEVE THE
COMMON OBJECTIVE OF VD CONTRO HAVE AGREED UPON CERTAIN BASIC ACTIONS TO
BE UNDERTAKEN BY EACH GOVERNMENT IN FURTHERANCE OF THEIR MUTUAL AIMS,
AND
WHEREAS, IT IS THE DESIRE OF THE GOVERNMENTS OF THE R.P. AND U.S. TO
DELINEATE THE REQUIREMENTS O BOTH REAL AND PERSONAL PROPERTY AND THE
TRAINED PERSONNEL NECESSARY TO THE SUCCESSFUL OPERATION OF THE PROJECTED
PROGRAM AND TO ENUMERATE THE MUTUAL RESPONSIBILITIES AND CONTRIBUTIONS
OF EACH GOVERNMENT,
NOW THEREFORE IN FURTHERANCE OF THE OBJECTIVES OUTLINED ABOVE THE
GOVERNMENTS OF THE R.P. AND THE U.S. AGREE AS FOLLOWS:
1. THE GOVERNMENT OF THE PHILIPPINES SHALL PROVIDE:
A. SUITABLE PREMISES CONVENIENTLY LOCATED TO HOUSE THE PROPOSED
CLINIC LOCATED AT CITY HEALTH DEPARTMENT BUILDING, OLONGAPO CITY,
INCLUDING MAINTENANCE OF THE STRUCTURE.
B. ALL NECESSARY UTILITIES INCLUDING BUT NOT LIMITED TO:
ELECTRICITY, GAS, WATER AND TELEPHONE SERVICES.
C. TRAINED PERSONNEL EXPERIENCED IN LABORATORY ROUTINE INCLUDING
DOCTORS, MEDICAL TECHNOLOGISTS, LABORATORY TECHNICIANS AND SUCH OTHER
EMPLOYEES IN THE APPROXIMATE NUMBER OF THIRTY AS MAY BE NECESSARY TO
EFFECTIVELY OPERATE THE CLINIC.
D. IN ADDITION TO THE ABOVE PERSONNEL, TWO PERMANENT EMPLOYEES WILL
BE MADE AVAILABLE TO PROVIDE FULL TIME INSTRUCTION IN HYGIENE AND
VENEREAL DISEASE PREVENTION.
E. JANITORIAL SERVICES NECESSARY TO INSURE CLEANLINESS OF THE
PREMISES AND SURROUNDING AREA.
F. ADEQUATE SECURITY TO PROTECT LABORATORY EQUIPMENT AGAINST
PILFERAGE, THEFT AND BURGLARY.
G. IN ORDER TO FACILITATE CONTACT TRACING THE CITY AGREES TO
UNDERTAKE THE MASTER PROGRAM TO WHICH ALL EMPLOYEES OF HOTELS, BARS AND
RESTAURANTS WILL BE REACHED.
H. APPLICABLE LOCAL ORDINANCES TO ENSURE THE ABILITY TO ENFORCE THE
NECESSARY STEPS IN CREATING SUCCESSFUL VD CONTROL PROGRAM.
I. POLICE COOPERATION AND ASSISTANCE IN LOCATING AND ESCORTING
INFECTED INDIVIDUALS TO THE CLINI FOR TREATMENT AS WELL AS THE TASK OF
ENFORCEMENT OF THE LOCAL ORDINANCES PASSED.
J. ONE VEHICLE FOR EXCLUSIVE USE OF THE CLINIC FOR CONTACT TRACING
AND TRANSPORTATION OF INFECTE INDIVIDUALS FOR EVALUATION AND TREATMENT.
2. THE U.S. WILL PROVIDE:
A. THE NECESSARY FUNDS, CONTRACTS AND MATERIALS FOR THE
REHABILITATION AND INITIAL RENOVATION OF THE STRUCTURE TO BE DESIGNATED
AS THE SOCIAL HYGIENE CLINIC.
B. THREE VEHICLES FOR EXCLUSIVE USE IN CONTACT TRACING AND
TRANSPORTATION OF INFECTED INDIVIDUAL TO THE CLINIC. SUCH VEHICLES
SHALL BE RETAINED AND REUTILIZED BY THE U.S. UPON TERMINATION OF THE
JOINT PROJECT.
C. A LOAN OF LABORATORY AND OFFICE EQUIPMENT NECESSARY FOR THE PROPER
CONDUCT OF A SUCCESSFUL CLINIC. SUCH EQUIPMENT WILL BE SUBJECT TO THE
FOLLOWING REGULATIONS:
(1) THE U.S. WILL FINALLY DETERMINE THE NECESSITY AND/OR QUANTITY OF
ANY EQUIPMENT SO PROVIDED.
(2) LOAN OF EQUIPMENT SHALL BE FOR A PERIOD OF FIVE (5) YEARS OR UPON
TERMINATION OF THE JOINT AGREEMENT, SUCH TERMINATION TO BE AT THE SOLE
DISCRETION OF THE UNITED STATES. OWNERSHIP OF SAID EQUIPMENT SHALL BE
RETAINED BY THE UNITED STATES. THE CITY OF OLONGAPO SHALL ALLOW ACCESS
TO SUCH EQUIPMENT BY THE UNITED STATES AT ANY TIME AND AS FREQUENTLY AS
DEEMED NECESSARY BY THE UNITED STATES FOR THE PURPOSES OF INSPECTION AND
INVENTORY.
(3) USE OF THE EQUIPMENT IS TO BE LIMITED TO OPERATION OF THE JOINT
PROGRAM AND SUCH OTHER USES AS MAY BE MUTUALLY AGREED UPON BY THE CITY
OF OLONGAPO AND THE UNITED STATES.
(4) SAID EQUIPMENT SHALL BE LOCATED IN THE RENOVATED SOCIAL HYGIENE
CLINIC.
(5) THE CITY OF OLONGAPO SHALL BE HELD RESPONSIBLE TO THE UNITED
STATES FOR THE SECURITY OF SAID EQUIPMENT. LOSS, MYSTERIOUS OR
OTHERWISE, OR NEGLIGENT DESTRUCTION OF SAID EQUIPMENT SHALL BE THE
RESPONSIBILITY OF THE CITY OF OLONGAPO.
(6) MAINTENANCE AND REPAIR OF SAID EQUIPMENT SHALL BE THE
RESPONSIBILITY OF THE UNITED STATES FO THE DURATION OF THE JOINT
PROGRAM.
(7) THE UNITED STATES SHALL BE HELD NOT RESPONSIBLE FOR THIRD PARTY
LIABILITY IN CASES OF ACCIDENT, NEGLIGENT USE OF EQUIPMENT, OR "ACT OF
GOD" MISHAPS.
(8) ALL LABORATORY, CLINICAL AND OFFICE EQUIPMENT VALUED IN EXCESS OF
TWO HUNDRED DOLLARS ($200.00), U.S. CURRENCY, MUST BE RETURNED UNLESS
CONSIDERED BY THE U.S. TO BE IN THE BEST INTEREST FOR THE HEALTH OF U.S.
PERSONNEL TO REMAIN IN USE AT THE CLINIC.
(9) EQUIPMENT AND MATERIALS NECESSARY FOR A MASTER REGISTRATION
SYSTEM.
3. THE CONDUCT OF A SUCCESSFUL VD CONTROL CLINIC HINGES ON THE CLOSE
COOPERATION AND AGREEMENT I THE FOLLOWING THREE AREAS.
A. ADMINISTRATION
(1) PROGRAM IS TO BE A JOINT VENTURE.
(2) PROGRAM IS TO HAVE A JOINT CHAIN-OF-COMMAND.
(3) UNITED STATES MATERIALS WILL BE PROVIDED TO SUPPORT CERTAIN
ELEMENTS OF THE PROGRAM.
(4) CONTINUED UNITED STATES SUPPORT WILL BE CONTINGENT UPON THE
SUCCESS OF THE PROGRAM.
(5) UNITED STATES WILL PROVIDE CONSULTANTS:
(A) COMMUNICABLE DISEASE CONTROL OFFICER WILL CONSULT WITH THE
DIRECTOR OF THE SOCIAL HYGIENE CLINIC ON OVERALL PROGRAM OPERATIONS.
(B) AN OB-GYN SPECIALIST FROM THE HOSPITAL WILL CONSULT WITH THE
CLINIC MEDICAL STAFF ON TREATMENT AND MEDICAL PRACTICES.
(C) A LABORATORY TECHNICIAN FROM THE HOSPITAL WILL CONSULT WITH THE
HEAD OF THE LABORATORY BRANC ON LABORATORY PRACTICES.
(6) UNITED STATES WILL GUIDE INITIAL CLINICAL AND ADMINISTRATIVE
OPERATION OF THE CLINICS WITH THE COOPERATION OF PHILIPPINE ELEMENTS;
PROVISIONS WILL BE MADE FOR TRANSITION TO PHILIPPINE CONTRO WITH UNITED
STATES COOPERATION SUBSEQUENT TO DEMONSTRATED SUCCESSFUL OPERATION OF
THE PROGRAM AT VARIOUS STAGES IN EACH PROGRAM ELEMENT.
B. OPERATION
(1) CLINIC PROCEDURES USED MUST BE MUTUALLY AGREED UPON.
(2) TREATMENT GUIDELINES MUST BE MUTUALLY AGREED UPON AND MUST
FEATURE THE EPIDEMIOLOGICAL TREATMENT OF NAMED CONTACTS OF INFECTED
PERSONS.
(3) ADEQUATE RECORDS MUST BE KEPT FOR CLINIC OPERATIONS AND FOR
PROGRAM EVALUATION; FOR EXAMPLE, IT WILL BE NECESSARY TO KNOW THE
PERCENTAGE OF NAMED CONTACTS WHO ARE FOUND; THE PROPORTION OF THOS WHO
ARE REACHED WITH TREATMENT; THE PERCENTAGE OF PATIENTS THAT HAVE
POSITIVE LAB TESTS OF VARIOUS KINDS; THE NUMBER OF INFECTED INDIVIDUALS
FOUND ON ROUTINE EXAMINATION, ETC.
(4) THE LABORATORY MUST INSTITUTE AN ADEQUATE QUALITY CONTROL PROGRAM
USING UNKNOWN SAMPLES FROM A SOURCE OUTSIDE THE CLINIC.
(5) UNITED STATES WILL PROVIDE FLUORESCENT ANTIBODY TEST SERVICE AT
THE NAVAL HOSPITAL TO THE CLINIC AND TO LOCAL HOSPITALS AND PHYSICIANS
ON A SPACE AVAILABLE BASIS.
(6) THE CLINIC WILL PROVIDE VENEREAL DISEASE CULTURE SERVICE TO LOCAL
PHYSICIANS.
(7) ALL PREGNANCIES DISCOVERED WILL BE REFERRED TO AN APPROPRIATE
CIVILIAN AGENCY FOR FOLLOW-UP.
(8) ALL HOSTESSES MUST BE EXPOSED TO PERIODIC EDUCATIONAL PROGRAMS
DEALING WITH VENEREAL DISEASE
C. EVALUATION
EVALUATION WILL REVOLVE AROUND THE FOLLOWING POINTS:
(1) ADEQUACY OF CONTACT TRACING
(2) ADEQUACY OF TREATMENT
(3) ADEQUACY OF CLINIC RECORDS
(4) RELIABILITY OF LAB WORK
(5) THE EFFECTIVENESS OF THE PROGRAM IN LOWERING THE PREVALENCE AND
INCIDENCE OF VENEREAL DISEAS IN THE AFFECTED POPULATIONS.
WHEREFORE, CONTINUING THE LONG STANDING ATTITUDE BY AND BETWEEN THE
UNITED STATES AND REPUBLIC OF THE PHILIPPINES OF CLOSE COOPERATION IN
MATTERS CONSIDERED OF GREAT IMPORTANCE TO THE HEALTH, WELFARE AND SAFETY
OF THEIR PEOPLE, WE HEREINUNDER AFFIX OUR SIGNATURES THIS 22ND DAY OF
OCTOBER, 1974.
S.A. YOUNGMAN
CAPT MC USN
COMMANDING OFFICER
GERONIMO B. LIPUMANO
MAYOR, CITY OF OLONGAPO
PHILIPPINES 22 AND 23 MAY 1974 FLITE DOCUMENT NO. 7502457
CREDIT AGREEMENT
PURCHASE ARRANGEMENTS BETWEEN THE GOVERNMENT OF THE PHILIPPINES AND
THE UNITED STATES OF AMERICA FOR THE PURCHASE OF DEFENSE ARTICLES AND
SERVICES
CREDIT AGREEMENT, MADE AND ENTERED INTO THE TWENTY-SECOND DAY OF MAY,
1974, BETWEEN THE GOVERNMEN OF THE UNITED STATES OF AMERICA, REPRESENTED
BY THE AMBASSADOR OF THE UNITED STATES OF AMERICA, AND THE GOVERNMENT OF
THE REPUBLIC OF THE PHILIPPINES, REPRESENTED BY ITS SECRETARY OF
FINANCE.
WITNESSETH
WHEREAS, THE GOVERNMENT OF THE REPUBLIC OF THE PHILIPPINES
(HEREINAFTER SOMETIMES REFERRED TO AS THE "BORROWER") DESIRES TO ENTER
INTO PURCHASE CONTRACTS (HEREINAFTER REFERRED TO AS "PURCHASE
ARRANGEMENTS") WITH THE MILITARY DEPARTMENTS AND AGENCIES OF THE UNITED
STATES DEPARTMENT OF DEFENS (HEREINAFTER REFERRED TO AS "DOD") AND/OR
VARIOUS UNITED STATES COMMERCIAL SUPPLIERS FOR THE PURCHASE OF DEFENSE
ARTICLES AND SERVICES OF UNITED STATES ORIGIN (HEREINAFTER COLLECTIVELY
REFERRE TO AS "DEFENSE ITEMS"); AND
WHEREAS, THE BORROWER HAS REQUESTED THE GOVERNMENT OF THE UNITED
STATES OF AMERICA (HEREINAFTER SOMETIMES REFERRED TO AS THE "LENDER") TO
FINANCE PAYMENTS REQUIRED TO BE MADE BY THE BORROWER UNDE THE PURCHASE
ARRANGEMENTS; AND
WHEREAS, THE AFORESAID REQUESTED CREDIT WILL FACILITATE THE PURPOSES
OF THE UNITED STATES FOREIGN MILITARY SALES ACT, AS AMENDED;
NOW THEREFORE, IN CONSIDERATION OF THE PREMISE AND THE MUTUAL
COVENANTS HEREINAFTER SET FORTH, AN IN IMPLEMENTATION OF, AND SUBJECT TO
THE PROVISIONS OF THE MUTUAL DEFENSE ASSISTANCE AGREEMENT BETWEEN THE
GOVERNMENT OF THE REPUBLIC OF THE PHILIPPINES AND THE GOVERNMENT OF THE
UNITED STATES O AMERICA DATED JULY 5, 1953, THE PARTIES HERETO AGREE AS
FOLLOWS:
1. SUBJECT TO THE TERMS AND CONDITIONS HEREOF, THE LENDER AGREES TO
MAKE LOANS TO THE BORROWER FROM TIME TO TIME IN AN AGGREGATE PRINCIPAL
AMOUNT UP TO BUT NOT EXCEEDING $8.6 MILLION (HEREINAFTE CALLED THE
"COMMITMENT").
2. THE AFORESAID COMMITMENT SHALL BE AVAILABLE ONLY TO FINANCE THE
PURCHASE OF DEFENSE ITEMS BY THE BORROWER PURSUANT TO PURCHASE
ARRANGEMENTS AUTHORIZED FOR SUCH FINANCING BY DOD WHICH ARE ENTERED INTO
BY THE BORROWER ON OR BEFORE MAY 21, 1976. EACH AUTHORIZATION FOR THE
BORROWER TO ENTER INTO A PURCHASE ARRANGEMENT IN IMPLEMENTATION OF THIS
CREDIT AGREEMENT SHALL BE SEPARATELY COMMUNICATED BY DOD IN WRITING TO
THE BORROWER, WHICH AUTHORIZATION SHALL SPECIFY THE DEFENSE ITEMS AND
THE AMOUNT OF CREDIT AUTHORIZED FOR THE PURCHASE ARRANGEMENT. THE
BORROWER SHALL INCORPORATE INTO EACH SUCH PURCHASE ARRANGEMENT WITH
COMMERCIAL SUPPLIERS THE PROVISIONS OF ANNEX A HERETO AND ATTACH AS AN
EXHIBIT TO THE PURCHASE ARRANGEMENT A TRUE COPY OF THE APPLICABLE
AFORESAID AUTHORIZATION AND OF PARAGRAPH 9 OF THIS CREDIT AGREEMENT.
3. EACH LOAN HEREUNDER BY THE LENDER SHALL BE MADE IN ACCORDANCE
WITH THE FOLLOWING PROCEDURES:
(A) EACH LOAN SHALL BE MADE ON SUCH DATE (HEREINAFTER REFERRED TO AS
A "DISBURSEMENT DATE") AS MAY BE DESIGNATED BY THE BORROWER FROM TIME TO
TIME UPON TEN (10) DAYS WRITTEN NOTICE BY THE BORROWER TO THE LENDER.
(B) EACH NOTICE SHALL SPECIFY THE AMOUNT OF THE LOAN TO BE MADE BY
THE LENDER ON THE DISBURSEMEN DATE, AND SHALL SPECIFY THE SUPPLIER OR
SUPPLIERS (INCLUDING THE MILITARY DEPARTMENTS OR AGENCIES O DOD) TO WHOM
THE DISBURSEMENT IS TO BE REMITTED BY THE LENDER.
(C) EACH NOTICE SHALL BE SENT TO THE COMPTROLLER, DEFENSE SECURITY
ASSISTANCE AGENCY, THE PENTAGON, WASHINGTON, D.C. 20301.
(D) IN THE CASE OF DISBURSEMENTS REQUESTED TO BE MADE TO COMMERCIAL
SUPPLIERS, THE INVOICES SHAL BE PREPARED IN ACCORDANCE WITH THE
PROCEDURE SET FORTH IN ANNEX A HERETO.
(E) IN THE CASE OF DISBURSEMENTS REQUESTED TO BE MADE TO THE MILITARY
DEPARTMENTS AND AGENCIES O DOD, THE NOTICES SHALL HAVE ANNEXED THERETO
COPIES OF THE PAYMENT REQUEST RECEIVED BY THE BORROWER FROM SUCH
MILITARY DEPARTMENT OR AGENCY AGAINST WHICH DISBURSEMENT IS REQUESTED.
(F) WITH EACH NOTICE, THE BORROWER SHALL CONCURRENTLY TRANSMIT TO THE
LENDER AT THE ADDRESS SET FORTH IN SUBPARAGRAPH (C) ABOVE OF THIS
PARAGRAPH A PROMISSORY NOTE SUBSTANTIALLY IN THE FORM OF ANNEX B HERETO
(WITH THE BLANKS APPROPRIATELY FILLED IN) RECITING THE OBLIGATION OF THE
BORROWER TO REPAY THE AMOUNT OF SUCH LOAN WITH INTEREST THEREON AS
HEREINAFTER SET FORTH. (THE PROMISSORY NOTE HEREINABOVE REFERRED TO ARE
HEREINAFTER CALLED THE "NOTES" AND INDIVIDUALLY A "NOTE").
4.(A) ALL OCEAN TRANSPORTATION OF THE DEFENSE ARTICLES SHALL BE ON
VESSELS OF UNITED STATES REGISTRY. THE GOVERNMENT OF THE UNITED STATES
WILL GIVE SYMPATHETIC CONSIDERATION ON A CASE-BY-CAS BASIS TO REQUESTS
BY THE BORROWER JUSTIFYING SHIPMENT ON VESSELS OF THE REGISTRY OF THE
BORROWER. CONSIDERATION WILL BE GIVEN TO SECURITY REQUIREMENTS OF THE
BORROWER TO ASSURE SAFE ARRIVAL.
(B) THE BORROWER OR ITS COMMERCIAL SUPPLIERS SHALL BE RESPONSIBLE FOR
OBTAINING SUCH EXPORT LICENSES AS MAY BE NECESSARY FOR DEFENSE ITEMS
FINANCED HEREUNDER.
5. THIS AGREEMENT EVIDENCES THE LEGAL AND BINDING OBLIGATION OF THE
BORROWER TO MAKE REPAYMENTS TO THE LENDER FOR DISBURSEMENTS MADE BY THE
LENDER IN ACCORDANCE WITH THE TERMS HEREOF. THE LENDER MAY SELL OR
ASSIGN, IN WHOLE OR IN PART, ITS RIGHTS TO SAID REPAYMENTS AND MAY, WITH
RESPECT TO SUC SALE OR ASSIGNMENT, GUARANTEE PAYMENT OF THE SAME.
6.(A) THE BORROWER SHALL REPAY THE DISBURSEMENTS MADE BY THE LENDER
IN ACCORDANCE WITH THE PRINCIPAL REPAYMENT SCHEDULE SET FORTH IN ANNEX C
HERETO, AND SHALL PAY INTEREST SEMIANNUALLY ON MA 21 AND NOVEMBER 21
COMMENCING NOVEMBER 21, 1974, AT THE RATE OF SEVEN AND FIVE-EIGHTS
PERCENT (7 5/8%) PER ANNUM, USING A 365 DAY FACTOR, ON THE AMOUNT BY
WHICH FROM TIME TO TIME CUMULATIVE DISBURSEMENTS EXCEED CUMULATIVE
REPAYMENTS OF PRINCIPAL.
(B) IF ON ANY INSTALLMENT REPAYMENT DATE SET FORTH IN THE PRINCIPAL
REPAYMENT SCHEDULE THE BORROWER SHALL NOT HAVE AVAILED ITSELF OF THE
COMMITMENT OF THE LENDER IN AN AGGREGATE AMOUNT (LESS REPAYMENTS
PREVIOUSLY MADE) EQUAL TO THE AGGREGATE INSTALLMENT OF PRINCIPAL WHICH
IS REPAYABLE ON SUCH DATE TO THE LENDER, THE BORROWER SHALL, ON SUCH
INSTALLMENT DATE, REPAY TO THE LENDER THE FULL AMOUNT (LESS REPAYMENTS
PREVIOUSLY MADE) TO WHICH IT HAS AVAILED ITSELF OF THE COMMITMENT OF THE
LENDER TO SUCH DATE, TOGETHER WITH THE INTEREST ACCRUED THEREON. IF AT
ANY TIME THEREAFTER THE BORROWER SHALL AVAIL ITSELF OF THE COMMITMENT OF
THE LENDER IN AN AMOUNT WHICH WOULD HAVE BEEN PAYABLE ON A PRIOR
INSTALLMENT REPAYMENT DATE BUT FOR THE PROVISIONS OF THE IMMEDIATELY
PRECEDING SENTENCE, SUCH AMOUNT, TOGETHER WITH THE INTEREST ACCRUED
THEREON, SHALL BE REPAYABLE ON THE NEXT SUCCEEDING INSTALLMENT DATE OF
THE PRINCIPAL REPAYMENT SCHEDULE OCCURRING AFTER THE DISBURSEMENT OF
SUCH AMOUNT AND THE SAID AGGREGATE INSTALLMENT OF PRINCIPAL REPAYABLE
UNDER THE PRINCIPAL REPAYMENT SCHEDULE TO THE LENDER ON THAT DATE SHALL
BE INCREASED BY SUCH AMOUNT.
(C) IF BY THE DATE SPECIFIED IN PARAGRAPH 2 ABOVE, THE BORROWER SHALL
NOT HAVE ENTERED INTO AUTHORIZED PURCHASE ARRANGEMENTS IN AN AGGREGATE
AMOUNT EQUAL TO THE ENTIRE AMOUNT OF THE COMMITMENT, THE INSTALLMENTS OF
PRINCIPAL REPAYABLE TO THE LENDER SET FORTH IN THE PRINCIPAL REPAYMENT
SCHEDULE SHALL BE REDUCED IN THE INVERSE ORDER OF THE MATURITY THEREOF
TO THE EXTENT OF THE UNUSED BALANCE OF THE COMMITMENT.
(D) WHENEVER ANY REPAYMENT TO BE MADE BY THE BORROWER SHALL BE DUE ON
A SATURDAY, SUNDAY, OR PUBLIC HOLIDAY UNDER THE LAWS OF THE LENDER, SUCH
REPAYMENT MAY BE MADE ON THE NEXT SUCCEEDING BUSINESS DAY, AND SUCH
EXTENSION OF TIME SHALL IN SUCH CASE BE INCLUDED IN COMPUTING INTEREST
IN CONNECTION WITH SUCH REPAYMENT BUT EXCLUDED FROM THE NEXT INTEREST
PERIOD.
(E) THE BORROWER MAY PREPAY THE CREDIT EXTENDED UNDER THIS AGREEMENT
IN PART OR IN FULL ON ANY INTEREST PAYMENT DATE WITHOUT PENALTY OR
PREMIUM, BUT SUCH PREPAYMENT MUST BE ACCOMPANIED BY PAYMEN OF INTEREST
ON THE AMOUNT PREPAID TO THE DATE OF PREPAYMENT AND MUST BE APPLIED TO
THE SATISFACTION OF INSTALLMENTS OF PRINCIPAL REPAYMENTS IN THE INVERSE
ORDER OF THEIR MATURITIES.
(F) ALL REPAYMENTS BY THE BORROWER ON ACCOUNT OF PRINCIPAL OR
INTEREST SHALL BE IN LAWFUL MONEY OF THE UNITED STATES OF AMERICA AND IN
IMMEDIATELY AVAILABLE FUNDS, FREE AND CLEAR OF, AND WITHOUT DEDUCTION
FOR, ANY AND ALL TAXES, LEVIES, IMPOSTS, DEDUCTIONS AND WITHHOLDINGS
WHATSOEVER IMPOSED, LEVIED, COLLECTED OR ASSESSED WITH RESPECT THERETO
BY ANY CENTRAL OR LOCAL AUTHORITY OF THE REPUBLI OF THE PHILIPPINES.
7.(A) THE NOTES SHALL BE FURTHER EVIDENCE OF THE OBLIGATION OF THE
BORROWER TO REPAY THE LOANS MADE HEREUNDER. EACH NOTE SHALL BE DATED
THE PARTICULAR DISBURSEMENT DATE OF THE LOAN WHICH SUCH NOTE EVIDENCES,
SHALL BE PAYABLE TO THE ORDER OF THE GOVERNMENT OF THE UNITED STATES IN
THE PRINCIPAL AMOUNT OF SUCH DISBURSEMENT, AND SHALL BEAR INTEREST ON
THE UNPAID PRINCIPAL AMOUNT THEREOF AS PROVIDED IN PARAGRAPH 6(A).
(B) THE NOTES SHALL BE COMPLETED BY THE BORROWER IN SUCH A MANNER
THAT REPAYMENT OF SUCH LOANS SHALL BE MADE IN THE ORDER OF THEIR
DISBURSEMENT, UTILIZING THE PRINCIPAL REPAYMENT SCHEDULE SET FORTH IN
ANNEX C (AS THE SAME MAY BE ADJUSTED IN ACCORDANCE WITH PARAGRAPHS 6(B)
AND (C) HEREOF), AND, IN DETERMINING WHETHER A PARTICULAR LOAN IS
REPAYABLE IN ONE OR MORE INSTALLMENTS, UTILIZING A PARTICULAR
INSTALLMENT PAYMENT DATE ONLY AFTER THE FULL UTILIZATION OF THE NEXT
PRECEDING INSTALLMENT DATE.
(C) EACH NOTE SHALL BE SIGNED ON BEHALF OF THE BORROWER BY THE
DEFENSE ATTACHE, PHILIPPINE EMBASSY, WASHINGTON, D.C.
8.(A) THE BORROWER REPRESENTS AND WARRANTS THAT THE MAKING AND
PERFORMANCE OF THIS AGREEMENT HAV BEEN DULY AUTHORIZED IN ACCORDANCE
WITH THE LAWS OF THE REPUBLIC OF THE PHILIPPINES AND SHALL FURNISH TO
THE LENDER UPON REQUEST EVIDENCE, SATISFACTORY TO THE LENDER, OF THE
AUTHORITY OF THE PERSON OR PERSONS WHO HAVE SIGNED THIS AGREEMENT ON
BEHALF OF THE BORROWER AND OF THE PERSON OR PERSONS WHO WILL SIGN THE
NOTES PROVIDED FOR HEREIN ON BEHALF OF THE BORROWER, TOGETHER WITH THE
AUTHENTICATED SPECIMEN SIGNATURE, IN DUPLICATE, OF EACH OF THE LATTER.
(B) THIS AGREEMENT SHALL INURE TO THE BENEFIT OF THE HOLDERS OF THE
NOTES, THEIR RESPECTIVE SUCCESSORS AND ASSIGNS. THIS AGREEMENT AND THE
NOTES SHALL BE DEEMED TO BE CONTRACTS UNDER THE LAW OF THE DISTRICT OF
COLUMBIA AND FOR ALL PURPOSES SHALL BE CONSTRUED IN ACCORDANCE WITH SAID
LAW. THE BORROWER AGREES THAT JURISDICTION MAY BE TAKEN BY COURTS IN
THE DISTRICT OF COLUMBIA WITH RESPECT TO MATTERS INVOLVING ANY NOTE,
PROVIDED SUCH NOTE IS HELD BY AN INDIVIDUAL, PARTNERSHIP, CORPORATION,
OR OTHER PRIVATE LEGAL ENTITY.
(C) THE BORROWER SHALL IN ALL CASES PAY WHEN AND AS DUE THE PRINCIPAL
OF AND INTEREST ON ALL NOTES ISSUED HEREUNDER, NOTWITHSTANDING ANY
CLAIMS WHICH THE BORROWER MAY NOW OR HEREAFTER HAVE AGAINST ANY SUPPLIER
OF THE DEFENSE ITEMS, DOD, THE LENDER, OR ANY OTHER PERSON OR ENTITY IN
CONNECTION WITH ANY OTHER TRANSACTION, FOR ANY REASON WHATSOEVER.
9. UPON THE OCCURRENCE OF ANY OF THE FOLLOWING EVENTS OF DEFAULT:
(A) IF THE BORROWER FAILS FOR A PERIOD OF TEN (10) DAYS TO MAKE ANY
PAYMENT OF PRINCIPAL OF, OR INTEREST ON, ANY NOTE WHEN DUE;
(B) IF ANY REPRESENTATION OR WARRANTY MADE BY THE BORROWER HEREIN OR
ANY CERTIFICATE FURNISHED B THE BORROWER PURSUANT HERETO PROVES TO BE AT
ANY TIME INCORRECT IN ANY MATERIAL RESPECT; OR
(C) IF THE BORROWER DEFAULTS IN THE PERFORMANCE OF ANY OTHER TERM,
COVENANT OR UNDERTAKING CONTAINED IN THIS CREDIT AGREEMENT, AND SUCH
DEFAULT SHALL CONTINUE UNREMEDIED FOR 30 DAYS AFTER WRITTEN NOTIFICATION
THEREOF SHALL HAVE BEEN GIVEN TO THE BORROWER BY THE LENDER;
THEN, AND IN ANY SUCH EVENT, THE HOLDER OF ANY NOTE MAY DECLARE
IMMEDIATELY DUE AND PAYABLE THE UNPAID PRINCIPAL OF, AND ACCRUED
INTEREST ON, ANY OR ALL NOTES HELD BY SUCH HOLDER AND SUCH AMOUNTS SHALL
BECOME IMMEDIATELY DUE AND PAYABLE WITHOUT PROTEST, PRESENTMENT, NOTICE
OR OTHER DEMAND OF AN KIND, ALL OF WHICH ARE HEREBY EXPRESSLY WAIVED BY
THE BORROWER, AND THE LENDER MAY TERMINATE ITS COMMITMENT HEREUNDER.
10. ALL COMMUNICATIONS AND OTHER DOCUMENTS REQUIRED OR PERMITTED
HEREUNDER, UNLESS SUBMITTED IN THE ENGLISH LANGUAGE, SHALL BE
ACCOMPANIED BY ONE ENGLISH TRANSLATION FOR EACH COPY OF SUCH DOCUMENTS
TO BE FURNISHED AND, IN THE EVENT OF CONFLICT, THE ENGLISH VERSION SHALL
GOVERN. EXCEPT AS OTHERWISE PROVIDED HEREIN, ALL NOTICES, REQUESTS OR
DEMANDS HEREUNDER SHALL BE DEEMED TO HAVE BEEN GIVEN OR MADE UPON THE
MAILING OF THE SAME, POSTAGE PREPAID, OR IN THE CASE OF TELEGRAPHIC
NOTICE, ON DELIVERY TO THE TELEGRAPHIC COMPANY, ADDRESSED IN THE CASE OF
THE BORROWER, TO THE DEFENSE ATTACHE, PHILIPPINE EMBASSY, WASHINGTON,
D.C. AND IN THE CASE OF THE LENDER TO THE DIRECTOR DEFENSE SECURITY
ASSISTANCE AGENCY, THE PENTAGON, WASHINGTON, D.C. 20301.
11. THIS AGREEMENT MAY BE EXECUTED IN ANY NUMBER OF COUNTERPARTS AND
BY THE PARTIES HERETO ON SEPARATE COUNTERPARTS, EACH OF WHICH SHALL BE
DEEMED AN ORIGINAL BUT ALL SUCH COUNTERPARTS TO CONSTITUTE ONE AND THE
SAME INSTRUMENT.
12. ANNEXES A THROUGH C ATTACHED HERETO ARE, BY THIS REFERENCE, MADE
A PART OF THIS AGREEMENT.
IN WITNESS WHEREOF, THE PARTIES HERETO HAVE DULY EXECUTED THIS
AGREEMENT ON THIS TWENTY-SECOND DA OF MAY, 1974.
FOR THE GOVERNMENT OF THE UNITED STATES OF AMERICA
SIGNED
FOR THE GOVERNMENT OF THE REPUBLIC OF THE PHILIPPINES
SIGNED
ANNEX A
PAYMENT PROCEDURES
THE FOLLOWING PROCEDURES AND CONDITIONS SHALL BE ADHERED TO PRIOR TO
EACH DISBURSEMENT TO BE MADE BY THE GOVERNMENT OF THE UNITED STATES FOR
THE ACCOUNT OF THE GOVERNMENT OF THE REPUBLIC OF THE PHILIPPINES.
1. THE SUPPLIER SHALL PREPARE AND SUBMIT TO THE DESIGNATED
REPRESENTATIVES OF THE GOVERNMENT OF THE REPUBLIC OF THE PHILIPPINES IN
WASHINGTON, D.C. INVOICES ON U.S. STANDARD FORM 1034 IN SUFFICIENT
NUMBER OF COPIES TO PERMIT THE FORWARDING OF FOUR COPIES TO THE
DISBURSING OFFICER DESIGNATED IN PARAGRAPH 5 BELOW.
2. THE SUPPLIER SHALL INSURE THAT EACH INVOICE IS IN ACCORDANCE WITH
RELEVANT PROVISIONS OF ITS PURCHASE ARRANGEMENT WITH THE GOVERNMENT OF
THE REPUBLIC OF THE PHILIPPINES.
3. THE SUPPLIER SHALL ATTACH TO EACH INVOICE A STATEMENT THAT
AUTHORIZED REPRESENTATIVES OF THE GOVERNMENT OF THE UNITED STATES SHALL,
UNTIL THE EXPIRATION OF THREE YEARS AFTER FINAL PAYMENT HEREUNDER, HAVE
ACCESS TO AND THE RIGHT TO EXAMINE ANY DIRECTLY RELATED PERTINENT BOOKS,
DOCUMENTS, PAPERS AND RECORDS OF THE SUPPLIER INVOLVING TRANSACTIONS
RELATING TO THE AFORESAID PURCHASE ARRANGEMENT.
4. TO THE EXTENT THAT ANY INVOICE REQUESTS PAYMENT OF ADVANCES, AS
DISTINGUISHED FROM PAYMENT FO DELIVERY OF DEFENSE ITEMS OR REIMBURSEMENT
IN THE FORM OF PROGRESS PAYMENTS FOR WORK OR SERVICES PERFORMED, THE
SUPPLIER SHALL ATTACH TO THE INVOICE A STATEMENT SETTING FORTH THE
UNDERTAKING OF TH SUPPLIER THAT THE FULL AMOUNT OF THE ADVANCE WILL BE
MAINTAINED BY THE SUPPLIER IN A SEGREGATED ACCOUNT WHICH WILL BE APPLIED
SOLELY TO THE PERFORMANCE OF THE SUPPLIER'S OBLIGATIONS UNDER THE
PURCHASE ARRANGEMENT.
5. THE DESIGNATED REPRESENTATIVE OF THE GOVERNMENT OF THE REPUBLIC
OF THE PHILIPPINES IN WASHINGTON, D.C. SHALL FORWARD SUCH INVOICES TO
THE COMPTROLLER, DEFENSE SECURITY ASSISTANCE AGENCY THE PENTAGON,
WASHINGTON, D.C. 20301.
6. EACH INVOICE SHALL BE ACCOMPANIED BY A CERTIFICATION OF THE
GOVERNMENT OF THE REPUBLIC OF THE PHILIPPINES AS FOLLOWS:
"THE GOVERNMENT OF THE REPUBLIC OF THE PHILIPPINES CONFIRMS (THAT THE
DEFENSE ITEMS SET FORTH HEREIN HAVE BEEN SATISFACTORILY RECEIVED BY OR
FOR THE GOVERNMENT OF THE REPUBLIC OF THE PHILIPPINES) (THAT THE WORK OR
SERVICES FOR WHICH PROGRESS PAYMENTS ARE REQUESTED HAVE BEEN
SATISFACTORILY RENDERED) (THAT PAYMENT IS OTHERWISE DUE) UNDER ITS
PURCHASE ARRANGEMENT OF __________ FOR THE PURCHASE OF DEFENSE ITEMS
FROM SUPPLIER, AND CERTIFIES THAT THE BILL IS CORRECT AND JUST AND THAT
PAYMENT THEREFOR HAS NOT BEEN MADE. PAYMENT OF THIS INVOICE IS
REQUESTED BY THE DEPARTMENT OF NATIONAL DEFENSE OF THE GOVERNMENT OF THE
REPUBLIC OF THE PHILIPPINES PURSUANT TO THE TERMS OF THE CREDIT
AGREEMENT OF MAY 22, 1974 BETWEEN THE SECRETARY OF FINANCE OF THE
GOVERNMENT OF THE REPUBLIC OF THE PHILIPPINES AND THE GOVERNMENT OF THE
UNITED STATES OF AMERICA. THE GOVERNMENT OF THE REPUBLIC OF THE
PHILIPPINES CONFIRMS THAT SAID PURCHASE ARRANGEMENT IS ONE OF THE
PURCHASE ARRANGEMENTS AUTHORIZED BY THE DEPARTMENT OF DEFENSE OF THE
UNITED STATES OF AMERICA PURSUANT TO TH AFORESAID CREDIT AGREEMENT OF
MAY 22, 1974 AND FURTHER CONFIRMS THAT THE CUMULATIVE TOTAL OF THIS
INVOICE AND INVOICES PREVIOUSLY PAID BY THE GOVERNMENT OF THE UNITED
STATES AGAINST SAID PURCHASE ARRANGEMENT DOES NOT EXCEED THE AGGREGATE
CREDIT CEILING ESTABLISHED BY THE GOVERNMENT OF THE UNITE STATES FOR THE
SAID PURCHASE ARRANGEMENT.
FOR THE GOVERNMENT OF THE REPUBLIC OF THE PHILIPPINES
ANNEX B
PROMISSORY NOTE
U.S. $__________, WASHINGTON, D.C.
FOR VALUE RECEIVED, THE UNDERSIGNED, THE GOVERNMENT OF THE REPUBLIC
OF THE PHILIPPINES (HEREIN CALLED "THE BORROWER"), HEREBY PROMISES TO
PAY TO THE ORDER OF THE GOVERNMENT OF THE UNITED STATES OF AMERICA
(HEREIN CALLED "UNITED STATES") THE PRINCIPAL SUM OF __________ UNITED
STATES DOLLARS (U.S. $__________) AS FOLLOWS:
TOGETHER WITH INTEREST ON ANY AND ALL AMOUNTS REMAINING UNPAID
HEREUNDER FROM TIME TO TIME FROM THE DATE HEREOF UNTIL THIS NOTE SHALL
BE PAID IN FULL, PAYABLE SEMIANNUALLY ON MAY 21 AND NOVEMBER 21 OF EACH
YEAR FROM DATE HEREOF AT THE RATE OF SEVEN AND FIVE-EIGHTS PER CENT PER
ANNUM (7 5/8%) USING A 365 DAY FACTOR, BOTH PRINCIPAL AND INTEREST TO BE
PAYABLE IN LAWFUL MONEY OF THE UNITED STATES OF AMERICA AT THE U.S. ARMY
FINANCE COMPTROLLER INFORMATION SYSTEMS COMMAND, ATTN: MILITARY
ASSISTANCE/SALES ACCOUNTING DIVISION, 1000 INDEPENDENCE AVENUE, S.W.,
WASHINGTON, D.C. 20314. ALL PAYMENTS MADE ON ACCOUNT OF THE PRINCIPAL
AMOUNT REMAINING UNPAID HEREUNDER SHALL BE ENDORSED BY TH HOLDER ON THE
REVERSE SIDE OF THIS NOTE.
WHENEVER ANY PAYMENT TO BE MADE SHALL BE DUE ON A SATURDAY, SUNDAY,
OR A PUBLIC HOLIDAY UNDER THE LAWS OF THE GOVERNMENT OF THE UNITED
STATES, SUCH PAYMENT MAY BE MADE ON THE NEXT SUCCEEDING BUSINESS DAY,
AND SUCH EXTENSION OF TIME SHALL IN SUCH CASE BE INCLUDED IN COMPUTING
INTEREST IN CONNECTION WITH SUCH PAYMENT BUT EXCLUDED FROM THE NEXT
INTEREST PERIOD.
THIS NOTE MAY BE PREPAID ON ANY INTEREST PAYMENT DATE. PREPAYMENTS
SHALL BE APPLIED TO THE INSTALLMENTS HEREOF IN THE REVERSE ORDER OF
THEIR MATURITY. ALL PAYMENTS OF PRINCIPAL AND INTEREST ON THIS NOTE ARE
PAYABLE IN LAWFUL MONEY OF THE UNITED STATES OF AMERICA AND IN
IMMEDIATELY AVAILABLE FUNDS, FREE AND CLEAR OF, AND WITHOUT DEDUCTION
FOR, ANY TAXES, LEVIES, IMPOSTS, DEDUCTIONS, AND WITHHOLDINGS WHATSOEVER
NOW OR HEREAFTER IMPOSED, LEVIED, COLLECTED OR ASSESSED WIT RESPECT
THERETO BY ANY CENTRAL OR LOCAL AUTHORITY OF THE REPUBLIC OF THE
PHILIPPINES AND SHALL BE PAID FREE FROM ALL RESTRICTIONS OF ANY CENTRAL
OR LOCAL AUTHORITY OF THE REPUBLIC OF THE PHILIPPINES.
THE GOVERNMENT OF THE REPUBLIC OF THE PHILIPPINES AGREES TO PAY ALL
OUT-OF-POCKET COSTS AND EXPENSES IN CONNECTION WITH COLLECTION AFTER
DEFAULT OF THIS NOTE (INCLUDING THE REASONABLE FEES AN OUT-OF-POCKET
EXPENSES OF COUNSEL) AS WELL AS ALL STAMP AND SIMILAR TAXES, IF ANY, NOW
OR HEREAFTER IN EFFECT, AND TO SAVE THE HOLDER OF THE NOTE HARMLESS FROM
ANY AND ALL LIABILITIES WITH RESPECT TO OR RESULTING FROM ANY DELAY OR
OMISSION TO PAY SUCH TAXES.
FOR THE GOVERNMENT OF THE REPUBLIC OF THE PHILIPPINES
ANNEX C
PRINCIPAL REPAYMENT SCHEDULE
THE FIRST $716,666 OF DISBURSEMENTS ARE REPAYABLE ON 21 MAY 1976
THE NEXT $716,666 OF DISBURSEMENTS ARE REPAYABLE ON 21 NOV 1976
THE NEXT $716,666 OF DISBURSEMENTS ARE REPAYABLE ON 21 MAY 1977
THE NEXT $716,666 OF DISBURSEMENTS ARE REPAYABLE ON 21 NOV 1977
THE NEXT $716,667 OF DISBURSEMENTS ARE REPAYABLE ON 21 MAY 1978
THE NEXT $716,667 OF DISBURSEMENTS ARE REPAYABLE ON 21 NOV 1978
THE NEXT $716,667 OF DISBURSEMENTS ARE REPAYABLE ON 21 MAY 1979
THE NEXT $716,667 OF DISBURSEMENTS ARE REPAYABLE ON 21 NOV 1979
THE NEXT $716,667 OF DISBURSEMENTS ARE REPAYABLE ON 21 MAY 1980
THE NEXT $716,667 OF DISBURSEMENTS ARE REPAYABLE ON 21 NOV 1980
THE NEXT $716,667 OF DISBURSEMENTS ARE REPAYABLE ON 21 MAY 1981
THE LAST $716,667 OF DISBURSEMENTS ARE REPAYABLE ON 21 NOV 1981
TOTAL $8,600,000
REPUBLIC OF THE PHILIPPINES
CITY OF MANILA
EMBASSY OF THE UNITED STATES OF AMERICA
I, ROBERT B. PETERSON, CONSUL OF THE UNITED STATES OF AMERICA AT
MANILA, PHILIPPINES, DULY COMMISSIONED AND QUALIFIED, DO HEREBY CERTIFY
THAT THE FOREGOING COPY OF THE CREDIT AGREEMENT, MADE AND ENTERED INTO
THE TWENTY-SECOND DAY OF MAY, 1974, BETWEEN THE GOVERNMENT OF THE UNITED
STATES OF AMERICA, REPRESENTED BY THE AMBASSADOR OF THE UNITED STATES OF
AMERICA, AND THE GOVERNMENT OF THE REPUBLIC OF THE PHILIPPINES,
REPRESENTED BY ITS SECRETARY OF FINANCE IS A TRUE AND FAITHFUL COPY OF
THE ORIGINAL THIS DAY EXHIBITED TO ME THE SAME HAVING BEEN CAREFULLY
EXAMINED BY ME AND COMPARED WITH THE SAID ORIGINAL AND FOUND TO AGREE
THEREWITH WORD FOR WORD AND FIGURE FOR FIGURE.
IN WITNESS WHEREOF I HAVE HEREUNTO SET MY HAND AND AFFIXED THE SEAL
OF THE AMERICAN CONSULAR SERVICE AT MANILA, REPUBLIC OF THE PHILIPPINES,
THIS 23RD DAY OF MAY 1974.
SIGNED
ROBERT B. PETERSON
CONSUL OF THE UNITED STATES OF AMERICA
PHILIPPINES 17 AND 23 MAY 1974 FLITE DOCUMENT NO. 7502456
MEMORANDUM OF UNDERSTANDING
RELATING TO THE ESTABLISHMENT OF AN M-16 RIFLE PROGRAM IN THE
PHILIPPINES
MEMORANDUM OF UNDERSTANDING BETWEEN THE GOVERNMENT OF THE UNITED
STATES AND THE GOVERNMENT OF THE PHILIPPINES RELATING TO THE
ESTABLISHMENT OF AN M-16 RIFLE PROGRAM IN THE PHILIPPINES
WHEREAS, THE GOVERNMENT OF THE UNITED STATES OF AMERICA (HEREINAFTER
REFERRED TO AS USG) AND THE GOVERNMENT OF THE PHILIPPINES (HEREINAFTER
REFERRED TO AS GOP) HAVE REVIEWED THE SELF RELIANCE OBJECTIVES OF THE
GOP AND AGREE THAT THE ESTABLISHMENT OF AN M-16 RIFLE ASSEMBLY AND
MANUFACTURING CAPABILITY IN THE PHILIPPINES WOULD MAKE AN IMPORTANT
CONTRIBUTION TO THE DEFENSE NEEDS OF THE GOP;
WHEREAS, THE GOP HAS REQUESTED THE USG TO PROVIDE FOREIGN MILITARY
SALES CREDITS IN ORDER TO HELP FINANCE THE COST OF THE M-16 RIFLE
PROGRAM; AND
WHEREAS, THE AFORESAID REQUESTED FINANCING WILL FACILITATE THE
PURPOSES OF THE UNITED STATES FOREIGN MILITARY SALES ACT, AS AMENDED;
NOW, THEREFORE, IN RECOGNITION OF THE PURPOSES OF THE MUTUAL DEFENSE
TREATY OF AUGUST 30, 1951, BETWEEN THE GOP AND THE USG AND IN
IMPLEMENTATION OF THE MUTUAL DEFENSE ASSISTANCE AGREEMENT OF JUL 5,
1953, BETWEEN THE GOP AND THE USG, REPRESENTATIVES OF THE GOP AND THE
USG, ACTING FOR THEIR RESPECTIVE GOVERNMENTS, AGREE TO THE FOLLOWING:
(1) PROGRAM OBJECTIVE.
THE OBJECTIVE OF THE PROGRAM IS THE ESTABLISHMENT BY THE GOP OF AN
M-16 RIFLE FACILITY TO MANUFACTURE AND ASSEMBLE OVER A SIX-YEAR PERIOD A
MAXIMUM OF 150,000 M-16 RIFLES PLUS THE EQUIVALEN OF NO MORE THAN 22,500
M-16 RIFLES IN THE FORM OF ASSOCIATED SPARE PARTS, AS OUTLINED IN ANNEX
A, "SCHEDULE OF M-16 RIFLE PRODUCTION ESTIMATES", FOR USE SOLELY BY THE
PHILIPPINE ARMED FORCES.
(2) PROGRAM COSTS AND FINANCING.
A. TO ASSIST THE GOP IN FINANCING THE TOTAL PROGRAM COSTS, ESTIMATED
AT APPROXIMATELY $29.4 MILLION AS SET FORTH IN ANNEX B, "M-16 RIFLE
PRODUCTION COST ESTIMATES", THE USG WILL, SUBJECT TO THE AVAILABILITY OF
FUNDS AND THE CONTINUATION OF LEGISLATIVE AUTHORIZATIONS, EXTEND EITHER
FOREIGN MILITARY SALES (FMS) CREDITS OR FMS GUARANTEES FOR CREDITS
OBTAINED BY THE GOP FROM UNITED STATES PRIVATE LENDING INSTITUTIONS, OR
BOTH, IN THE AGGREGATE AMOUNT OF NOT TO EXCEED $15.6 MILLION FOR THE
PROCUREMENT OF DEFENSE ARTICLES AND DEFENSE SERVICES FROM UNITED STATES
SOURCES ONLY. THE GOP WILL PROVIDE FROM ITS OWN RESOURCES THE
DIFFERENCE BETWEEN THE FINAL TOTAL PROGRAM COST AND THE TOTAL AMOUNT OF
FINANCING WHICH IS SCHEDULED TO BE MADE AVAILABLE BY THE USG HEREUNDER.
B. THE AGGREGATE UNITED STATES FINANCING WILL BE PROVIDED IN THE FORM
OF ANNUAL INCREMENTS, TIME-PHASED AS OUTLINED IN ANNEX C, "SCHEDULE OF
FMS CREDIT REQUIREMENTS".
C. THE ANNUAL INTEREST RATE TO BE CHARGED FOR DIRECT FMS CREDITS WILL
BE DETERMINED AT THE TIME EACH CREDIT AGREEMENT IS SIGNED. THE RATE
WILL BE EQUAL TO COST OF MONEY TO THE USG DURING THE MONTH IN WHICH EACH
CREDIT AGREEMENT IS SIGNED. FOR EACH INCREMENT OF DIRECT FMS CREDIT,
PRINCIPAL WILL BE REPAID ON A SEMI-ANNUAL BASIS AND WILL BE COMPLETED
WITHIN A PERIOD NOT TO EXCEED EIGHT YEARS. WITH RESPECT TO THE
REPAYMENT OF THE PRINCIPAL OF DIRECT FMS CREDIT, THERE WILL BE A
TWO-YEAR MORATORIUM FROM THE DATE OF SIGNING OF THE FY 1974 FMS CREDIT
AGREEMENT AND A ONE-YEAR MORATORIUM FROM THE DATE OF SIGNING OF THE FY
1975 FMS CREDIT AGREEMENT. INTEREST SHALL BE COMPUTE AND PAYABLE
SEMI-ANNUALLY. THERE WILL BE NO MORATORIUM ON THE SEMI-ANNUAL PAYMENTS
OF INTEREST. THE DISBURSEMENT PERIOD WILL CEASE TWO YEARS AFTER THE
SIGNATURE OF EACH AGREEMENT.
D. IN THE EVENT PRIVATE FINANCING IS REQUIRED TO COMPLEMENT OR
SUBSTITUTE FOR DIRECT FMS CREDIT, THE USG WILL - SUBJECT TO
CONGRESSIONAL AUTHORIZATION AND APPROPRIATION OF FUNDS - PROVIDE LOAN
GUARANTEES TO UNITED STATES PRIVATE LENDING INSTITUTIONS IN SUPPORT OF
THE GOP PRIVATE LOANS. THE CUSTOMARY FEE WILL BE CHARGED BY THE USG FOR
SUCH GUARANTEES. THE CONTRACTUAL TERMS OF LOANS NEGOTIATED BETWEEN THE
GOP AND PRIVATE LENDER(S) WHICH REQUIRE AN FMS LOAN GUARANTY SHALL BE
CONSISTENT WITH PERTINENT STANDARDS AND CRITERIA ESTABLISHED PURSUANT TO
THE FMS ACT. THE INTEREST RATE, REPAYMENT AND OTHER PROVISIONS OF THE
PRIVATE BANK LOAN WILL BE NEGOTIATED BY THE GOP WITH TH LENDER(S).
GUARANTY FEES, THE CUSTOMARY COMMITMENT FEES AND OTHER FEES (IF ANY)
CONNECTED WITH USG-GUARANTEED PRIVATE LOANS WILL BE PAID BY THE GOP FROM
ITS OWN RESOURCES.
E. THE GOP UNDERSTANDS THAT NO GRANT ASSISTANCE WILL BE PROVIDED BY
THE USG FOR THIS PROGRAM.
F. IT IS THE INTENTION OF THE USG TO PROVIDE $8.6 MILLION IN DIRECT
FMS CREDIT IN FY 1974, SUBJECT TO THE CONCLUSION OF THE FY 1974 FMS
CREDIT AGREEMENT REFERRED TO IN PARAGRAPH (2)C ABOVE. IN THE EVENT THE
USG IS UNABLE TO PROVIDE FMS DIRECT OR USG GUARANTEE OF PRIVATE CREDIT
AS OUTLINED IN ANNEX C, THE GOP AGREES TO FINANCE THIS PROGRAM FROM ITS
OWN OR OTHER RESOURCES.
(3) PROGRAM IMPLEMENTATION BY THE GOP.
A. THE GOP WILL, IN CONFORMITY WITH ESTABLISHED USG PROCEDURES AND
REGULATIONS, SELECT AND CONTRACT DIRECTLY WITH UNITED STATES FIRMS FOR
THE LICENSE, PROPRIETARY RIGHTS, DOCUMENTATION, PRODUCTION EQUIPMENT,
COMPONENTS, RAW MATERIALS, AND TECHNICAL ASSISTANCE REQUIRED TO INITIATE
AND IMPLEMENT THE PROGRAM.
B. ALL COMPONENTS OF COMPLETE M-16 RIFLES ASSEMBLED IN THE
PHILIPPINES OR RAW MATERIALS USED IN THE MANUFACTURING OF COMPONENTS
WHICH ARE NOT PRODUCED IN THE PHILIPPINES OR PROCURED FROM PHILIPPINE
SOURCES WILL BE PROCURED FROM UNITED STATES SOURCES, UNLESS OTHERWISE
AGREED BY BOTH GOVERNMENTS.
(4) PROGRAM IMPLEMENTATION BY THE USG. A. THE USG WILL, ON A
REIMBURSABLE BASIS AND SUBJECT T THE TERMS AND CONDITIONS OF THE
STANDARD UNITED STATES GOVERNMENT FORM DD 1513 (LETTER OF OFFER AND
ACCEPTANCE), PROVIDE TO THE GOP TECHNICAL ASSISTANCE AND DEFENSE
ARTICLES AS MAY BE REQUIRED FOR TH SUCCESSFUL EXECUTION OF THE PROGRAM
TO THE EXTENT THAT SUCH TECHNICAL ASSISTANCE AND DEFENSE ARTICLES CANNOT
BE PROVIDED BY THE UNITED STATES CONTRACTOR AND ARE AVAILABLE WITHIN
UNITED STATES GOVERNMENTAL SOURCES.
B. DOCUMENTATION NOT OTHERWISE AVAILABLE UNDER CONTRACTUAL
ARRANGEMENTS FOR PURPOSES OF THE PRODUCTION PROGRAM BUT REQUIRED FROM
THE USG WILL BE FURNISHED TO THE GOP ON A NON-EXCLUSIVE BASIS AND AT NO
COST OTHER THAN THE COST OF REPRODUCTION, PACKAGING, HANDLING AND
DELIVERY TO THE GOP FOR ALL SUCH DOCUMENTATION FURNISHED. DOCUMENTATION
AS HEREIN REFERRED INCLUDES PLANS, SPECIFICATIONS, TECHNICAL DATA, AND
OTHER INFORMATION WHICH HAVE BEEN ACQUIRED BY THE USG.
C. THE GOP IS AUTHORIZED TO USE, FOR THE PURPOSES OF THIS PRODUCTION
PROGRAM, DOCUMENTATION FURNISHED BY THE USG TO THE EXTENT THAT THE USG
HAS RIGHTS HEREIN. THIS AUTHORIZATION SHALL NOT IN ANY WAY CONSTITUTE A
LICENSE, GRANT, OR ASSIGNMENT TO SELL OR TRANSFER THE DOCUMENTATION OR
TO MAKE USE OR SELL THE SUBJECT MATTER OF ANY INVENTIONS, TECHNICAL
INFORMATION OR KNOW-HOW OWNED BY THIRD PARTIES (HEREINAFTER REFERRED TO
AS "PROPRIETARY RIGHTS") WHICH MAY BE EMBODIED OR DESCRIBED IN THE
DOCUMENTATION. THE USG ASSUMES NO RESPONSIBILITY OR OBLIGATIONS AND
SHALL INCUR NO LIABILITY FOR ANY PROCUREMENT, MANUFACTURE, USE OR SALE
BY THE GOP WHICH MAKES USE OF OR IS BASED UPON ANY OF THE AFOREMENTIONED
DOCUMENTATION OR ANY RESULTS DERIVED FROM THE USE OF DOCUMENTATION
FURNISHED.
(5) SPECIAL TOOLING AND FACILITIES.
THE USG WILL PROVIDE THE USE OF SPECIAL TOOLING AND USG-OWNED
INDUSTRIAL FACILITIES FREE OF CHARG WHEN IN USE IN PLANTS OF ITS
MANUFACTURERS, PROVIDED THAT SUCH TOOLING AND FACILITIES ARE NOT
REQUIRED TO MEET UNITED STATES REQUIREMENTS. TIMELY NOTIFICATION SHALL
BE GIVEN TO THE GOP IN THE EVENT SUCH ARTICLES ARE REQUIRED TO SATISFY
THE NEEDS OF THE USG AND NO LIABILITY INCURRED BY THE GOP SHALL BE
IMPOSED ON THE USG WITH RESPECT TO ANY ADDITIONAL COSTS INVOLVED TO THE
GOP.
(6) SECURITY.
EACH GOVERNMENT WILL TAKE ALL NECESSARY STEPS TO ENSURE THAT NO
CLASSIFIED INFORMATION EXCHANGED FOR THE PURPOSE OF THIS PROGRAM WILL BE
SUPPLIED BY THE RECIPIENT TO ANY THIRD PARTY OR OTHERWISE COMPROMISED.
THE GOP WILL PROVIDE SUBSTANTIALLY THE SAME DEGREE OF SECURITY
PROTECTION TO CLASSIFIED INFORMATION AS IS AFFORDED SUCH INFORMATION BY
THE USG.
(7) TRANSFERS TO THIRD PARTIES.
A. THE GOP WILL NOT SELL, EXPORT, OR OTHERWISE TRANSFER TITLE TO OR
POSSESSION OF RIFLES, COMPONENTS, PRODUCTION EQUIPMENT, DOCUMENTATION OR
ANY OTHER ITEM PURCHASED OR RECEIVED FROM THE US UNDER THE PROGRAM TO
ANYONE NOT AN OFFICER OR EMPLOYEE OF THE GOP WITHOUT THE WRITTEN CONSENT
OF TH USG. THIS RESTRICTION SHALL NOT APPLY TO ITEMS OF A NON-WEAPONS
NATURE THAT ARE UNRELATED TO THIS PROGRAM BUT ARE MANUFACTURED
SEPARATELY IN THE SAME PRODUCTION FACILITY.
B. THE GOP SHALL PROTECT ANY PROPRIETARY RIGHTS FURNISHED PURSUANT TO
THE MEMORANDUM OF UNDERSTANDING AND WILL INSURE THAT THE LEGAL OWNERS OF
SUCH PROPRIETARY RIGHTS SHALL BE COMPENSATED FOR ANY USE OR INFRINGEMENT
OF SUCH RIGHTS IN ACCORDANCE WITH THE LAWS UNDER WHICH SUCH PROPRIETARY
RIGHTS WERE GRANTED TO THEIR LEGAL OWNERS.
(8) LIAISON OFFICERS.
THE GOP AND THE USG WILL EACH DESIGNATE A LIAISON OFFICER TO MONITOR
AND COORDINATE THE M-16 RIFL PROGRAM UNDER THE PROVISIONS OF THIS
MEMORANDUM OF UNDERSTANDING. THE GOP LIAISON OFFICER WILL BE BASED IN
THE PHILIPPINES AND THE USG LIAISON OFFICER WILL BE BASED IN THE UNITED
STATES. ANY TRAVE OR OTHER EXPENSES DIRECTLY CONNECTED WITH THIS
PROGRAM INVOLVING THE USG LIAISON OFFICER, MADE AT THE REQUEST OF THE
GOP, WILL BE REIMBURSED BY THE GOP.
(9) STANDARDIZATION AND DEVIATIONS.
THE GOP WILL TAKE NECESSARY STEPS FOR SUCH PRODUCTION ENGINEERING,
TOOLING CONTROL AND MAINTENANCE, AS WILL ENSURE THE OPERATIONAL AND
LOGISTIC INTERCHANGEABILITY AMONG THE M-16 RIFLES AND COMPONENTS BEING
PRODUCED IN THE PHILIPPINES AND IN THE UNITED STATES.
(10) PROVISION OF INFORMATION.
THE GOP AND THE USG WILL PROVIDE THE OTHER SUCH REPORTS AND TECHNICAL
INFORMATION, AS WELL AS ACCESS TO FACILITIES, AS MAY BE NECESSARY TO
ENSURE THE ORDERLY AND SUCCESSFUL ACCOMPLISHMENT OF TH PROGRAM.
(11) AMENDMENT AND IMPLEMENTATION.
A. THIS MEMORANDUM OF UNDERSTANDING SHALL ENTER INTO FORCE UPON
SIGNATURE BY THE REPRESENTATIVES OF THE GOP AND THE USG, AND MAY BE
AMENDED IN WRITING OR TERMINATED AT ANY TIME BY MUTUAL AGREEMENT OF THE
PARTIES.
B. IN CASE OF CONTROVERSY THAT MAY ARISE REGARDING ANY IMPLEMENTATION
ACTION UNDER THE TERMS OF THIS MEMORANDUM OF UNDERSTANDING, SUCH
CONTROVERSY WILL BE SUBMITTED FOR CONSIDERATION AND DECISION TO
APPROPRIATE LEVELS OF EACH GOVERNMENT.
IN WITNESS WHEREOF, THE PARTIES HERETO HAVE DULY EXECUTED THIS
MEMORANDUM OF UNDERSTANDING THIS 17TH DAY OF MAY, 1974.
FOR THE GOVERNMENT OF THE UNITED STATES OF AMERICA
SIGNED
FOR THE GOVERNMENT OF THE REPUBLIC OF THE PHILIPPINES
SIGNED
ANNEX A
SCHEDULE OF M-16A1 RIFLE PRODUCTION ESTIMATES
MONTH INCLUSIVE DATES PRODUCTION REMARKS
0- 9 1 JUN 74 - 5,000 TO PRODUCED IN
10-18 1 MAR 75 - 10,000 TO ASSEMBLED IN
19-24 1 DEC 75 -
25-36 1 JUN 76 -
37-48 1 JUN 77 -
49-60 1 JUN 78 -
61-72 1 JUN 79 -
ANNEX B
M-16 RIFLE PRODUCTION PROGRAM COST ESTIMATES
(DOLS 000 OMITTED)
(1) LICENSE FEES 1,700 1,700
(2) ROYALTIES 1,675 1,675
(3) TECHNICAL
ASSISTANCE 3,030 3,030
(4) PURCHASED ITEMS
FROM COLT 8,730 8,730
(5) EQUIPMENT 5,187 4,687 500
(6) RAW MATERIAL,
SUPPLIES,
FREIGHT AND
INSURANCE 3,573 1,983 1,590
(7) BUILDING 1,500 1,500
(8) LABOR 2,570 2,570
(9) REPAIRS AND
MAINTENANCE 775 775
(10) UTILITES 575 575
DOLLARS FINANCED
UNDER FMS CREDIT 15,600 15,600
DOLLARS FINANCED
BY GOP 6,205 6,205
LOCAL CURRENCY
FINANCED 7,510 7,510
TOTAL 29,315 21,805 7,510
ANNEX C
M-16 SCHEDULE OF FMS CREDIT REQUIREMENTS (DOLLARS MILLIONS)
FY 1974 8.6
FY 1975 7.0
REPUBLIC OF THE PHILIPPINES
CITY OF MANILA
EMBASSY OF THE UNITED STATES OF AMERICA
I, ROBERT B. PETERSON, CONSUL OF THE UNITED STATES OF AMERICA AT
MANILA, PHILIPPINES, DULY COMMISSIONED AND QUALIFIED, DO HEREBY CERTIFY
THAT THE FOREGOING COPY OF MEMORANDUM OF UNDERSTANDIN BETWEEN THE
GOVERNMENT OF THE UNITED STATES AND THE GOVERNMENT OF THE PHILIPPINES
RELATING TO THE ESTABLISHMENT OF AN M-16 RIFLE PROGRAM IN THE
PHILIPPINES IS A TRUE AND FAITHFUL COPY OF THE ORIGINAL THIS DAY
EXHIBITED TO ME THE SAME HAVING BEEN CAREFULLY EXAMINED BY ME AND
COMPARED WITH THE SAID ORIGINAL AND FOUND TO AGREE THEREWITH WORD FOR
WORD AND FIGURE FOR FIGURE.
IN WITNESS WHEREOF I HAVE HEREUNTO SET MY HAND AND AFFIXED THE SEAL
OF THE AMERICAN CONSULAR SERVICE AT MANILA, REPUBLIC OF THE PHILIPPINES,
THIS 23RD DAY OF MAY 1974.
SIGNED
ROBERT B. PETERSON
CONSUL OF THE UNITED STATES OF AMERICA
PHILIPPINES 26 JAN 1967 FLITE DOCUMENT NO. 7502455
AGREEMENT
TO PROVIDE AN EXCHANGE PROGRAM FOR INTERCEPT DIRECTORS AND TO
ESTABLISH CERTAIN OPERATIONAL PROCEDURES FOR THE CONTROL OF PADS
AIRCRAFT WITHIN THE PHILIPPINE AIR DEFENSE SYSTEM
HQ PHILIPPINE AIR FORCE HQ THIRTEENTH AIR FORCE
NICHOLS AIR BASE, PASAY CITY CLARK AIR BASE, PAMPANGA
PHILIPPINE AIR DEFENSE SYSTEM OPERATIONAL AGREEMENT NR 3 EXCHANGE
PROGRAM AT ADDC
1. PURPOSE: TO PROVIDE AN EXCHANGE PROGRAM FOR INTERCEPT DIRECTORS
BETWEEN PAF AND 13TH AF ACW UNITS AND TO ESTABLISH CERTAIN OPERATIONAL
PROCEDURES FOR THE CONTROL OF PADS AIRCRAFT WITHIN THE PHILIPPINE AIR
DEFENSE SYSTEM.
2. RESPONSIBILITIES: THE COMMANDING GENERAL, PAF, WILL DETAIL
EXCHANGE PAF PERSONNEL TO USAF ADDC'S WHILE THE COMMANDER, 13TH AF, WILL
DETAIL EXCHANGE PERSONNEL TO PAF ADDC'S.
3. PERSONNEL: INTERCEPT DIRECTORS.
A. THREE (3) PAF INTERCEPT DIRECTORS WILL BE DETAILED TO EACH 13TH AF
ADDC.
B. THREE (3) USAF INTERCEPT DIRECTORS WILL BE DETAILED TO EACH PAF
ADDC.
4. TOUR OF DUTY: THE TOUR OF DUTY OF EXCHANGE PERSONNEL WILL BE
GOVERNED BY THE ADMINISTRATIVE POLICIES OF EACH NATIONAL AIR FORCE.
HOWEVER, IN ORDER TO INSURE CONTINUITY AND TEAMWORK, THE TOUR OF DUTY OF
PERSONNEL SO DETAILED WILL BE A MINIMUM OF TWELVE (12) MONTHS AND A
MAXIMUM OF EIGHTEEN (18) MONTHS.
5. ACCREDITATIONS: EACH NATIONAL AIR FORCE SHALL RECOGNIZE AND
RESPECT THE SECURITY CLEARANCE GRANTED TO THE PERSONNEL BY THEIR
RESPECTIVE GOVERNMENTS.
6. COMMAND RELATIONSHIP: THE SENIOR OFFICER OF EACH GROUP OF
EXCHANGE PERSONNEL REFERRED TO IN PARAGRAPH THREE WILL BE DESIGNATED AS
THE OFFICER IN CHARGE (OIC). AS SUCH, HE WILL BE RESPONSIBLE FOR
EXERCISING COMMAND, ADMINISTRATIVE, AND OPERATIONAL CONTROL OF THESE
PERSONNEL. HE WILL EXTEND FULL COOPERATION TO THE HOST COMMANDER WITHIN
POLICIES, REGULATIONS OF HIS PARENT AIR FORCE. ANY CONFLICT IN THE
IMPLEMENTATION OR INTERPRETATION OF THIS AGREEMENT WILL BE IMMEDIATELY
BROUGHT TO THE ATTENTION OF THE AIR DEFENSE WORKING GROUP (ADWG) BY
EITHER THE HOST COMMANDER OR THE OIC.
7. TRAINING: PROFICIENCY, FAMILIARIZATION AND REQUALIFICATION
TRAINING OF PERSONNEL TO INCLUDE INITIAL CHECK OUT ON PADS AIRCRAFT
SHALL BE THE RESPONSIBILITY OF THE HOST COMMANDER AND WILL BE IN
ACCORDANCE WITH CIR 4, HPAF DTD 6 SEPT 1966 OR PACAFM 50-2 DTD MAY 1966
AS APPLICABLE. ANY SUBSTANTIAL CHANGES IN ITS PROVISIONS IN SUBSEQUENT
REVISIONS WILL BE BROUGHT TO THE ATTENTION OF THE ADWG PRIOR TO ITS
APPLICABILITY. THE HOST COMMANDER WILL DESIGNATE ALL
STANDARDIZATION/EVALUATION CONTROLLER (SEC). SITE SEC WILL BE
RESPONSIBLE FOR THE EVALUATION OF AL THE CONTROLLERS, IN THE SITE.
8. SPECIAL PROVISIONS:
A. PADS AIRCRAFT EMPLOYED BY THE ADDC MAY BE CONTROLLED ONLY BY
COMBAT READY INTERCEPT DIRECTORS WHO HAVE BEEN CERTIFIED AS PROFICIENT
IN THE PARTICULAR WEAPONS SYSTEM BY THE SITE SEC. THE PROCEDURES
OUTLINED IN PARAGRAPH 7 WILL BE USED IN ACCOMPLISHING THIS EVALUATION.
B. PADS AIRCRAFT SHALL BE CONTROLLED BY THE INTERCEPT DIRECTOR OF THE
PARTICULAR COUNTRY CONCERNED UNDER THE FOLLOWING SITUATIONS:
(1) WEAPONS CONTROL IN ACTIVE AIR SITUATION AS DIRECTED.
(2) AS DIRECTED BY HIGHER AUTHORITY ON TACTICAL MISSIONS.
(3) IN EMERGENCY SITUATIONS WHERE AIRCRAFT OR PERSONNEL MAY BE
ENDANGERED.
(4) IN DIRECTING AND COORDINATING AIR/SEA RESCUE MISSIONS.
(5) IN ALL CASES, THE DUTY DIRECTOR WILL BE NOTIFIED WHEN ANY OF THE
SITUATIONS ABOVE OCCURS. H WILL LIKEWISE NOTIFY THE HOST COMMANDER AS
SOON AS POSSIBLE.
C. DUTY HOURS. EXCHANGE DIRECTORS WILL FOLLOW THE FOLLOWING DUTY
HOURS:
(1) DAY SHIFT - 0700H - 1700H
(2) NIGHT SHIFT - ON 0:05 MIN CALL
9. AMENDMENT AND TERMINATION: THIS AGREEMENT MAY BE AMENDED OR
TERMINATED BY MUTUAL AGREEMENT O THE PARTIES AS MAY BE REQUIRED BY
CIRCUMSTANCES. CHANGES OR AMENDMENTS TO, OR TERMINATION OF, THIS
AGREEMENT MAY BE INITIATED AT THE REQUEST OF EITHER PARTY.
10. RECISSION: THIS AGREEMENT SUPERSEDES AGREEMENT #3 DATED 20
MARCH 1963.
SIGNED
EMMANUEL S CASABAR
BRIGADIER GENERAL, AFP
DIVISION COMMANDER, 1AD
SIGNED
WILLIAM D. HARRIS, COLONEL, USAF
DCS/PLANS & OPERATIONS
PERU 6 SEP 1974 FLITE DOCUMENT NO. 7502454
ARRANGEMENT
ARRANGEMENT BETWEEN THE NATIONAL AEROPHOTOGRAPHIC SERVICE AND THE
DEFENSE MAPPING AGENCY COVERING THE ACCOMPLISHMENT OF AERIAL
PHOTOGRAPHIC COVERAGE OF PERU
TRANSLATION
LETTER SAN NO. 0322
MG JAMES M. BREEDLOVE, USAF
ACTING DIRECTOR, DMA
USA
DEAR SIR:
I HAVE THE PLEASURE TO INFORM YOU THAT ON THIS DATE, THE CONTRACT
BETWEEN DMA AND SAN TO COMPLETE THE AERIAL PHOTO COVERAGE OF PERU, HAS
BEEN SIGNED IN ACCORDANCE WITH THE AERIAL CARTOGRAPHIC AGREEMENT.
THIS DIRECCION GENERAL WISHES TO EXPRESS ITS SINCERE APPRECIATION FOR
THE COOPERATION AND SUPPORT GRANTED US, RESULTING IN THE SIGNING OF SAID
CONTRACT, WHICH WE FIND IT IS TO OUR ENTIRE SATISFACTION, AND THAT WE
EXPECT TO COMPLY WITH IT IN THE BEST POSSIBLE MANNER IN ACCORDANCE WITH
ITS SPECIFICATIONS.
PLEASE ACCEPT THE EXPRESSIONS OF MY HIGH ESTEEM AND CONSIDERATION.
SINCERELY,
MG FAP
MANUEL VALENCIA MARROQUIN
DIRECTOR GENERAL DE AEROFOTOGRAFIA
ARRANGEMENT BETWEEN THE NATIONAL AEROPHOTOGRAPHIC SERVICE (SAN) AND
THE DEFENSE MAPPING AGENCY (DMA) COVERING THE ACCOMPLISHMENT OF AERIAL
PHOTOGRAPHIC COVERAGE OF PERU
I. DMA/SAN TERMS OF THE ARRANGEMENT
SECTION I - GENERAL, OBJECTIVES, PURPOSE
A. GENERAL.
1. THE FOLLOWING ARRANGEMENT IS PREDICATED ON THE UNDERSTANDING THAT
THE ACCOMPLISHMENT OF THIS JOINT PROGRAM IS BASED UPON THE DIPLOMATIC
AGREEMENT ENTERED INTO ON 5 FEBRUARY 1948 BETWEEN THE GOVERNMENTS OF
PERU AND THE UNITED STATES AND IS NECESSARILY SUBJECT TO THE
AVAILABILITY OF FUNDS, EQUIPMENT AND THE PRODUCTION CAPABILITIES OF THE
IMPLEMENTING AGENCIES OF PERU AND THE UNITED STATES.
2. PROVISIONS INDICATED BELOW SHALL GOVERN THE EXECUTION OF THIS
ARRANGEMENT.
B. OBJECTIVE.
TO ASSIST THE NATIONAL AEROPHOTOGRAPHIC SERVICE (SAN) IN OBTAINING
NEW AERIAL PHOTOGRAPHIC COVERAGE OF PERU FOR WHICH ACCEPTABLE AERIAL
PHOTOGRAPHY HAS NOT PREVIOUSLY BEEN ACQUIRED.
C. PURPOSE.
TO UTILIZE THE AERIAL PHOTOGRAPHY ACQUIRED BY THIS ARRANGEMENT, FOR
THE DIRECT SUPPORT OF THE NATIONAL TOPOGRAPHIC MAPPING SERIES (CARTA
NACIONAL) COMPILED AT 1:25,000 SCALE AND PUBLISHED AT 1:50,000,
1:100,000, 1:250,000 AND/OR 1:1,000,000, IN ORDER THAT PERU CAN, AS SOON
AS POSSIBLE HAVE THIS INFORMATION AVAILABLE TO SUPPORT THE MULTI-PURPOSE
NEEDS FOR ITS DEVELOPMENT.
SECTION I - DMA/SAN ARRANGEMENT
A. THE NATIONAL AEROPHOTOGRAPHIC SERVICE (SAN) AND THE MILITARY
GEOGRAPHIC INSTITUTE (IGM).
1. THE NATIONAL AEROPHOTOGRAPHIC SERVICE (SAN) WILL:
A. FURNISH AIRCRAFT AND MAINTENANCE SUPPORT, FUEL, FLIGHT AND GROUND
SUPPORT CREWS, CAMERAS, FILM, PAPER, FILM PROCESSING EQUIPMENT AND
SUPPLIES TO INCLUDE A WORK AREA FOR THE DMA/IAGS PHOTO INSPECTOR
EQUIPMENT TO SUPPORT THE AERIAL PHOTOGRAPHIC OPERATIONS AND RELATED
GROUND SUPPORT FACILITIES TO COMPLETE THE REMAINING ONCE OVER AERIAL
PHOTOGRAPHIC COVERAGE OF PERU REQUIRED FOR TH NATIONAL TOPOGRAPHIC
MAPPING PROGRAM (CARTA NACIONAL) IN ACCORDANCE WITH THE TECHNICAL
CRITERIA AND AREA PRIORITIES NOTED WITHIN THE SPECIFICATIONS ANNEX A OF
THIS ARRANGEMENT.
B. PROGRAM FOR AN ANNUAL AERIAL PHOTOGRAPHIC ACQUISITION RATE OF NEW
COVERAGE COMMENSURATE WITH THE ANNUAL PRODUCTION RATE OF THE NATIONAL
TOPOGRAPHIC MAPPING PROGRAM (CARTA NACIONAL). FOR PLANNING PURPOSES THE
ANNUAL PRODUCTION RATE OF THE NATIONAL TOPOGRAPHIC MAPPING PROGRAM IS
ESTIMATED TO BE AT LEAST 45,000 SQUARE KILOMETERS AND NO GREATER THAN
60,000 SQUARE KILOMETERS.
C. DELIVER ONE SET OF ACCEPTABLE ORIGINAL PRIMARY CARTOGRAPHIC AERIAL
NEGATIVES TO THE PERUVIAN MILITARY GEOGRAPHIC INSTITUTE (IGM) FOR USE IN
COMPILING THE NATIONAL TOPOGRAPHIC MAP SERIES OF PERU. THE ORIGINAL
PRIMARY CARTOGRAPHIC NEGATIVES OBTAINED BY THIS ARRANGEMENT SHALL BE
CONSIDERED AS PROPERTY OF THE GOVERNMENT OF PERU (GOP) ON LOAN TO IGM.
D. DELIVER ONE SET OF ACCEPTABLE ORIGINAL ALTERNATE CARTOGRAPHIC
AERIA NEGATIVES RESULTING FROM THIS ARRANGEMENT TO THE DEFENSE MAPPING
AGENCY (DMA) AS PERMANENT PROPERTY OF THE DEFENSE MAPPING AGENCY (DMA).
(IN THE EVENT THAT DUAL CAMERA COVERAGE IS PRECLUDED BY FAILURE OF ONE
CAMERA WHILE ON FLIGHT LINE, THE FILM FROM THE OPERATING CAMERA, IF
ACCEPTABLE, SHALL BECOME THE PRIMARY COVERAGE. UNDER THIS CIRCUMSTANCE,
SAN WILL PREPARE AND PROVIDE ONE SET OF DUPLICATE ACCEPTABLE NEGATIVES
TO DMA.)
E. FURNISH ALL EXPOSED DEVELOPED FILM APPROPRIATE TITLED, PHOTO
INDEXES AND LINE PLOTS AND ONE SET OF CHECK PRINTS TO THE DMA/IAGS
INSPECTOR FOR EVALUATION.
F. DMA WILL NOT PROVIDE TO ANY THIRD PARTY PRODUCTS RESULTING FROM
THIS ARRANGEMENT.
2. THE MILITARY GEOGRAPHIC INSTITUTE (IGM) WILL RETURN THE SET OF
ORIGINAL PRIMARY CARTOGRAPHIC AERIAL NEGATIVES TO SAN AFTER IGM HAS
COMPLETED EXPLOITATION OF THE ORIGINAL PRIMARY FILM IN SUPPOR OF THE
PRODUCTION AND COMPLETION OF THE NATIONAL TOPOGRAPHIC MAP PROGRAM (CARTA
NACIONAL) OF PERU. DURING THE INTERIM, SAN WILL BE ALLOWED ACCESS TO,
AND WILL BE PERMITTED TO DUPLICATE THE ORIGINAL PRIMARY CARTOGRAPHIC
AERIAL NEGATIVES AS DESIRED.
B. THE DEFENSE MAPPING AGENCY (DMA)
1. THE DEFENSE MAPPING AGENCY (DMA) WILL PAY THE NATIONAL
AEROPHOTOGRAPHIC SERVICE (SAN) FOR ACCEPTABLE NEW AERIAL PHOTOGRAPHIC
COVERAGE UPON DELIVERY OF THE ORIGINAL PRIMARY CARTOGRAPHIC AERIAL
NEGATIVES TO THE MILITARY GEOGRAPHIC INSTITUTE (IGM) AND THE DELIVERY OF
THE ALTERNATE CARTOGRAPHIC AERIAL NEGATIVES TO THE DEFENSE MAPPING
AGENCY (DMA) IN ACCORDANCE WITH THE FINANCIAL ASPECTS OF THE
ARRANGEMENT, SECTION III.
2. THE DEFENSE MAPPING AGENCY INTER AMERICAN GEODETIC SURVEY
(DMA/IAGS) WILL INSPECT ALL AERIAL FILM ACQUIRED IN ACCORDANCE WITH THIS
ARRANGEMENT FOR ACCEPTANCE OR REJECTION BASED ON THE TECHNICA CRITERIA
AND AREA COVERAGE NOTED WITHIN THE SPECIFICATIONS, ANNEX A. DMA/IAGS
WILL NORMALLY NOTIFY THE NATIONAL AEROPHOTOGRAPHIC SERVICE (SAN) OF
ACCEPTED AND/OR REJECTED AERIAL PHOTOGRAPHY WITHIN 4 HOURS AFTER NEWLY
ACQUIRED PHOTOGRAPHY IS DELIVERED TO THE INSPECTION AREA. A FORMAL
MONTHLY PROGRESS REPORT REFLECTING THE STATUS OF THIS ARRANGEMENT WILL
BE SUBMITTED BY DMA/IAGS TO THE DIRECTOR OF THE NATIONAL
AEROPHOTOGRAPHIC SERVICE (SAN) AND TO THE DIRECTOR OF THE MILITARY
GEOGRAPHIC INSTITUTE (IGM). DMA/IAGS WILL PROVIDE TO THE NATIONAL
AEROPHOTOGRAPHIC SERVICE (SAN) FULL COOPERATION AND TECHNICAL ASSISTANCE
DURING THE AERIAL PHOTOGRAPHIC OPERATIONS AND PROCESSING OF MATERIALS
TOWARDS THE FULFILLMENT OF THE OBJECTIVE AND PURPOSE OF THIS
ARRANGEMENT.
SECTION III - FINANCIAL ASPECTS AND TERMS
A. FINANCIAL ASPECTS OF THE ARRANGEMENT.
1. IN CONSIDERATION OF THE PERFORMANCE OF THE AERIAL PHOTOGRAPHIC
COVERAGE REQUIRED BY THIS ARRANGEMENT, THE DEFENSE MAPPING AGENCY (DMA)
WILL PAY THE NATIONAL AEROPHOTOGRAPHIC SERVICE (SAN) FOR ALL ACCEPTED
ORIGINAL PRIMARY CARTOGRAPHIC AERIAL NEGATIVES TAKEN OVER THE AREAS
SPECIFIED WITHIN THE SPECIFICATIONS, ANNEX A, WITHIN THIRTY (30) DAYS
AFTER DELIVERY OF THIS FILM TO THE MILITARY GEOGRAPHIC INSTITUTE (IGM)
AND AN ACCEPTABLE CORRESPONDING SET OF NEGATIVES TO THE DEFENSE MAPPING
AGENCY (DMA) IN ACCORDANCE TO THE FOLLOWING RATES.
A. FOR ACCEPTABLE AERIAL MAPPING PHOTOGRAPHY OF AREA 1 (HIGHEST
PRIORITY) SHOWN ON PAGE 36, ANNE B AND DESCRIBED WITHIN THE
SPECIFICATIONS, ANNEX A, THE RATE OF $3.00 U.S. CURRENCY PER SQUARE
KILOMETER IS ESTABLISHED.
B. FOR ACCEPTABLE MAPPING PHOTOGRAPHY OF AREAS 2 (A AND B) SHOWN ON
PAGE 36, ANNEX B AND DESCRIBED WITHIN THE SPECIFICATIONS, ANNEX A, THE
RATE OF $1.50 U.S. CURRENCY PER SQUARE KILOMETER IS ESTABLISHED.
C. FOR ACCEPTABLE CROSS-FLIGHT PHOTOGRAPHY FOR AREAS 1 AND 2 SHOWN ON
PAGE 37, ANNEX B AND DESCRIBED WITHIN THE SPECIFICATIONS, ANNEX A, THE
RATE OF $22.00 U.S. CURRENCY PER LINEAR KILOMETER IS ESTABLISHED.
2. IN CONSIDERATION OF THE OBJECTIVE AND PURPOSE OF THIS ARRANGEMENT
THE NATIONAL AEROPHOTOGRAPHIC SERVICE (SAN) WILL ONLY SCHEDULE AERIAL
PHOTOGRAPHIC OPERATIONS TO ACQUIRE NEW COVERAGE FOR WHICH ACCEPTABLE
AERIAL PHOTOGRAPHY HAS NOT PREVIOUSLY BEEN ACQUIRED OVER THE PRIORITY I
AREAS NOTED WITHIN THE SPECIFICATIONS, ANNEX A, DURING THE FIRST THREE
YEARS OF THIS ARRANGEMENT. NATIONAL AEROPHOTOGRAPHIC SERVICE (SAN)
ANNUAL ACQUISITION THE RATE OF NEW COVERAGE FOR PAYMENT PURPOSES WILL
NOT EXCEED EITHER ALTERNATE A OR ALTERNATE B.
A. ALTERNATE A, AREA 1. SQUARE KILOMETER VERTICAL PHOTOGRAPHY AND
LINEAR KILOMETER CROSS FLIGHT $180,000.
B. ALTERNATE B, AREA 1. SQUARE KILOMETERS VERTICAL PHOTOGRAPHY AND
LINEAR KILOMETERS CROSS FLIGHTS $144,000; AREA 2 SQUARE KILOMETERS
VERTICAL PHOTOGRAPHY AND LINEAR KILOMETERS CROSS FLIGHTS $36,000.
C. AERIAL PHOTOGRAPHY FLOWN IN THE FOURTH AND ALL SUCCEEDING YEARS
WILL BE IN AREAS WHERE ACCEPTABLE AERIAL COVERAGE HAS NOT BEEN
PREVIOUSLY ACQUIRED. DURING THESE YEARS, TOTAL YEARLY ACQUISITION RATE
OF NEW COVERAGE FOR PAYMENT PURPOSES WILL NOT EXCEED $180,000.
B. TERMS.
1. THE AERIAL PHOTOGRAPHY ACQUIRED UNDER THIS ARRANGEMENT SHALL ONLY
BE REVEALED TO A THIRD NATION, ITS NATIONALS, INDIVIDUAL OR CORPORATE,
OR AGENTS, BY THE DEFENSE MAPPING AGENCY (DMA) IN ACCORDANCE WITH 5
FEBRUARY 1948 DIPLOMATIC AGREEMENT BETWEEN THE GOVERNMENTS OF PERU AND
THE UNITED STATES.
2. THIS ARRANGEMENT SHALL BECOME EFFECTIVE UPON SIGNATURE BY THE
DIRECTOR OF THE NATIONAL AEROPHOTOGRAPHIC SERVICE (SAN) AND THE DIRECTOR
OF THE DEFENSE MAPPING AGENCY (DMA).
3. SUBJECT TO THE AVAILABILITY OF FUNDS, EQUIPMENT AND THE
PRODUCTION CAPACITIES OF THE IMPLEMENTING AGENCIES, THIS ARRANGEMENT
SHALL REMAIN IN EFFECT UNTIL TERMINATION OF THE WORK CONTEMPLATED.
4. EITHER PARTY TO THIS ARRANGEMENT, I.E., THE NATIONAL
AEROPHOTOGRAPHIC SERVICE (SAN) OR THE DEFENSE MAPPING AGENCY (DMA), MAY
TERMINATE OR DEFER THIS ARRANGEMENT BY WRITTEN NOTICE SIX MONTHS IN
ADVANCE.
SIGNED:
JAMES M. BREEDLOVE
MAJOR GENERAL, USAF
ACTING DIRECTOR, DEFENSE MAPPING AGENCY
II. ANNEX A - SPECIFICATIONS
A. COMPONENT PARTS OF SPECIFICATIONS.
THE COMPONENT PARTS OF THESE SPECIFICATIONS ARE:
1. THE SPECIFIC PROJECT DATA ARE LISTED WITHIN PARAGRAPHS B AND C
BELOW.
2. THE AERIAL CARTOGRAPHIC REQUIREMENTS ARE LISTED WITHIN ANNEX A,
APPENDIX I.
3. THE CRITERIA AND PROCEDURES FOR TITLING OF AERIAL PHOTOGRAPHY ARE
LISTED WITHIN ANNEX A, APPENDIX II.
4. THE CRITERIA AND PROCEDURES FOR THE PLOTTING OF AERIAL
PHOTOGRAPHY ARE LISTED WITHIN ANNEX A, APPENDIX III.
5. ANNEX B CONTAINS SKETCHES OF THE AREA TO BE PHOTOGRAPHED AND THE
ORDER OF PRIORITIES.
6. ANNEX C DESCRIBES THE MAJOR DUTIES AND RESPONSIBILITIES OF THE
DMA/IAGS INSPECTOR.
B. SPECIFIC PROJECT DATA.
1. PROJECT NAME: PERU
2. PHOTOGRAPHY TO BE OBTAINED:
A. MAPPING PHOTOGRAPHY - APPROXIMATELY 416,000 SQUARE KILOMETERS
(160,000 SQUARE MILES) OF PANCHROMATIC (BLACK AND WHITE) OF THE AREAS
FOR WHICH ACCEPTABLE AERIAL PHOTOGRAPHY HAS NOT BEEN PREVIOUSLY ACQUIRED
AND SHOWN ON THE AREAS TO BE PHOTOGRAPHED SKETCH (ANNEX B). THE
FURNISHED LINE INDEX OF ACCEPTED PHOTOGRAPHY MAY BE KEYED TO THE
OPERATIONAL NAVIGATION CHARTS TO SHOW ACTUAL GAP AREAS.
AREAS TO BE PHOTOGRAPHED - MAPPING PHOTOGRAPHY:
(1) AREA I. APPROXIMATELY 143,000 SQUARE KILOMETERS (55,000 SQUARE
MILES) OF PANCHROMATIC (BLAC AND WHITE) PHOTOGRAPHY. FLIGHT DIRECTION:
NNW-SSE (PARALLEL TO THE COASTLINE).
(2) AREA 2A. APPROXIMATELY 65,000 SQUARE KILOMETERS (75,000 SQUARE
MILES) OF PANCHROMATIC (BLAC AND WHITE) PHOTOGRAPHY. FLIGHT DIRECTION:
NNW-SSE (PARALLEL TO THE COASTLINE).
(3) AREA 2B. APPROXIMATELY 208,000 SQUARE KILOMETERS (80,000 SQUARE
MILES) OF PANCHROMATIC (BLACK AND WHITE) PHOTOGRAPHY. FLIGHT DIRECTION:
NNW-SSE (PARALLEL TO THE COASTLINE).
B. CROSS FLIGHT PHOTOGRAPHY - APPROXIMATELY 16,800 LINEAR KILOMETERS
(10,440 LINEAR MILES) OF PANCHROMATIC CROSS FLIGHTS. THE LOCATIONS OF
THE FLIGHTS ARE MARKED IN RED ON THE MAPS FURNISHED AND INDICATED ON THE
CROSS FLIGHTS SKETCH (ANNEX B).
AREAS TO BE PHOTOGRAPHED - CROSS FLIGHT PHOTOGRAPHY:
(1) AREA I: APPROXIMATELY 8,120 LINEAR KILOMETERS (5,046 LINEAR
MILES) OF PANCHROMATIC (BLACK AND WHITE) PHOTOGRAPHY.
(2) AREA 2A. APPROXIMATELY 2,432 LINEAR KILOMETERS (1,520 LINEAR
MILES) OF PANCHROMATIC (BLACK AND WHITE) PHOTOGRAPHY.
(3) AREA 2B. APPROXIMATELY 6,248 LINEAR KILOMETERS (3,905 LINEAR
MILES) OF PANCHROMATIC (BLACK AND WHITE) PHOTOGRAPHY.
C. PRIORITIES: IN ORDER OF AREA NUMBERS INCLUDING CROSS FLIGHTS.
D. FLIGHT ALTITUDE:
(1) AREAS 1 AND 2A - 40,000 FEET ABOVE SEA LEVEL FOR MAPPING AND
CROSS FLIGHT PANCHROMATIC (BLAC AND WHITE) PHOTOGRAPHY.
(2) AREA 2B - 40,000 FEET ABOVE SEA LEVEL FOR MAPPING AND CROSS
FLIGHT OF PANCHROMATIC (BLACK AN WHITE) PHOTOGRAPHY UTILIZING A 6" FOCAL
LENGTH CAMERA OR 20,000 FEET ABOVE SEA LEVEL UTILIZING 3 1/2" FOCAL
LENGTH CAMERA.
E. FLIGHT PLAN:
(1) MAPPING PHOTOGRAPHY:
(A) THE NUMBER OF FLIGHT LINES AS DETERMINED BY THE NATIONAL
AEROPHOTOGRAPHIC SERVICE (SAN) SHAL BE THE MINIMUM REQUIRED TO COVER THE
AREAS AND PROVIDE THE SIDELAP SPECIFIED BELOW.
(B) WHEN A FLIGHT LINE IS BROKEN, THAT END OF THE FLIGHT WHERE THE
PHOTOGRAPHY WAS DISCONTINUED MUST BE COVERED BY A MINIMUM OVERLAP OF
THREE PHOTOGRAPHS BEGINNING AT THE NEAREST CROSS FLIGHT.
(C) THE FLIGHT LINES OF THE MAPPING PHOTOGRAPHY MUST BE CONTINUOUS
OVER THE MINIMUM OF THREE CROSS FLIGHTS.
(2) CROSS FLIGHTS: IT IS PREFERRED THAT CROSS FLIGHTS BE CONTINUOUS
IN AN INDIVIDUAL AREA. HOWEVER, WHEN A CROSS FLIGHT IS BROKEN,
ACCEPTABILITY WILL BE DEPENDENT ON THE FEASIBILITY OF UTILIZING THE
PHOTOGRAPHY FOR PHOTOGRAMMETRIC (INELLIGIBLE) IF USEABLE, THE END OF THE
FLIGHT WHER THE PHOTOGRAPHY WAS DISCONTINUED MUST BE COVERED BY A
MINIMUM OVERLAP OF SEVEN EXPOSURES.
(3) DUAL CAMERA OPERATION:
(A) SIMULTANEOUS DUAL CAMERA OPERATION SHALL BE EMPLOYED ON EACH
FLIGHT LINE. HOWEVER, NO REFLIGHTS SHALL BE MADE ONLY FOR THE PURPOSE
OF ACQUIRING DUAL CAMERA COVERAGE.
(B) IN THE EVENT THAT DUAL CAMERA COVERAGE IS PRECLUDED BY FAILURE OF
ONE CAMERA WHILE ON FLIGHT LINE, THE FILM FROM THE OPERATING CAMERA, IF
ACCEPTABLE, SHALL BECOME THE PRIMARY COVERAGE.
F. ALL PHOTOGRAPHY: WHERE ACROSS BORDER FLIGHTS ARE REQUIRED AND
CLEARANCE ARE APPROVED, EACH FLIGHT LINE CROSSING A BORDER MUST EXTEND
INTO THE NEIGHBORING COUNTRY BY A MINIMUM OF THREE EXPOSURES.
G. SIDELAP: 25% AVERAGE; BUT NOT LESS THAN 10% NOR GREATER THAN
30%.
H. FORWARD LAP: MINIMUM OF 53%; MAXIMUM OF 65%.
I. SOLAR ALTITUDE: NO MINIMUM SOLAR ALTITUDE IS SPECIFIED. HOWEVER,
THE COVERAGE OBTAINED SHAL CONTAIN SATISFACTORY DETAIL AND IMAGE
DEFINITION IN THE OPINION OF THE DMA/IAGS INSPECTOR.
J. CRAB: CRAB SHALL NOT EXCEED 10 DEGREES AS MEASURED FROM THE LINE
OF FLIGHT.
K. TILT: TILT SHOULD NOT EXCEED 3 DEGREES FOR ANY EXPOSURE. THE
AVERAGE TILT SHOULD NOT EXCEED 2 DEGREES FOR ANY 10-MILE SECTION OF
FLIGHT LINE OF 1 DEGREE FOR THE ENTIRE PROJECT.
L. CAMERAS TO BE USED. TWO WILD RC-10 CAMERAS WITH 6" FOCAL LENGTH
FOR AREA I, AND 3 1/2" FOCAL LENGTH FOR POSSIBLE USE IN AREAS 2A AND 2B.
M. INDEXING: EACH SET OF DUAL COVERAGE SHALL BE INDEXED AS SEPARATE
INDEPENDENT MAPPING PHOTOGRAPHY. THE SIMULTANEOUSLY EXPOSED ROLLS SHALL
BE GIVEN THE SAME ROLL NUMBER EXCEPT THAT THE ROLL EXPOSED WITH THE
AFTERMOST CAMERA SHALL CARRY THE LETTER "A" AFTER THE ROLL NUMBER AND ON
THE FILM CAN LABEL TO DENOTE IT AS THE ALTERNATE PHOTOGRAPHY. THE
PHOTOGRAPHY OBTAINED WITH THE FOREMOST CAMERA WILL BE DENOTED AS THE
PRIMARY PHOTOGRAPHY.
N. MATERIALS TO BE DELIVERED:
(1) ONE SET OF ACCEPTABLE ORIGINAL PRIMARY CARTOGRAPHIC AERIAL
NEGATIVES WILL BE DELIVERED TO TH PERUVIAN MILITARY GEOGRAPHIC INSTITUTE
(IGM) FOR USE IN COMPILING THE NATIONAL TOPOGRAPHIC MAP SERIES OF PERU.
WHEN IGM HAS COMPLETED ITS WORK WITH THIS SET OF ACCEPTABLE ORIGINAL
NEGATIVES, TH COMPLETE SET IS TO BE RETURNED TO THE NATIONAL PERUVIAN
PHOTOGRAPHIC ARCHIVES (SAN) FOR RETENTION.
(2) ONE SET OF ACCEPTABLE ORIGINAL ALTERNATE CARTOGRAPHIC AERIAL
NEGATIVES WILL BE DELIVERED TO THE DEFENSE MAPPING AGENCY (DMA) AS
PROPERTY OF THE DEFENSE MAPPING AGENCY (DMA). (AS PREVIOUSLY NOTED,
SHOULD DUAL COVERAGE BE PRECLUDED BY FAILURE OF ONE CAMERA WHILE ON
FLIGHT LINE THE FILM FRO THE OPERATING CAMERA, IF ACCEPTABLE, SHALL
BECOME THE PRIMARY COVERAGE. THIS FILM SHALL BE FORWARDED TO IGM FOR
THE PREPARATION OF CARTOGRAPHIC PRODUCTS AND RETAINED IN PERU;
DUPLICATE FILM NEGATIVES WILL BE PREPARED BY SAN AND PROVIDED TO DMA.).
C. MATERIALS TO BE FURNISHED.
1. THREE COPIES OF EACH OF THE CHARTS LISTED BELOW WILL BE FURNISHED
BY DMA. ONE COPY HAS THE LOCATIONS OF CROSS FLIGHTS INDICATED IN RED
AND AREAS OUTLINES INDICATED IN BLUE. THESE CHARTS SHOULD BE KEYED TO
ITEM 2., BELOW FOR AREAS TO BE PHOTOGRAPHED:
OPERATIONAL NAVIGATION CHARTS:
1:1,000,000 SCALE, SHEET NUMBERS:
ONC - M25
ONC - N25
ONC - N26
ONC - P26
2. TRANSPARENT LINE INDEX OF ACCEPTED PHOTOGRAPHY FLOWN TO DATE.
3. PHOTO INDICES WHERE AVAILABLE, ADJACENT TO GAP AREAS, WILL BE
FURNISHED AS NAVIGATIONAL AIDS (69 INDICES FURNISHED).
ANNEX A - SPECIFICATIONS
APPENDIX 1 - AERIAL CARTOGRAPHIC REQUIREMENTS
A. GENERAL.
AERIAL CARTOGRAPHIC PHOTOGRAPHY MUST BE FLOWN IN THE PRESCRIBED
MANNER TO OBTAIN COMPLETE, ACCEPTABLE COVERAGE TO BE OF THE HIGH QUALITY
NECESSARY FOR THE COMPILATION OF STANDARD CARTOGRAPHI BASES IN
STEREO-PLOTTING INSTRUMENTS. THE FACTORS WHICH SIGNIFICANTLY CONTRIBUTE
TO THE FULFILLMEN OF THIS REQUIREMENT ARE DESCRIBED IN THE FOLLOWING
PARAGRAPHS.
B. CONDITIONS SUITABLE FOR AERIAL PHOTOGRAPHY.
AERIAL PHOTOGRAPHY SHALL BE TAKEN ONLY WHEN CONDITIONS ARE SUCH THAT
CLEAR, WELL-DEFINED PHOTOGRAPHIC NEGATIVES CAN BE MADE. THE SOLAR
ALTITUDE SHALL BE AS SPECIFIED IN THE SPECIFIC PROJECT DATA, ANNEX A.
C. AERIAL CARTOGRAPHIC CAMERAS TO BE USED.
1. AERIAL PHOTOGRAPHS SHALL BE EXPOSED WITH THE TYPE OF PRECISION
MAPPING CAMERA SPECIFIED IN TH SPECIFIC PROJECT DATA, ANNEX A. THE
CAMERA SHALL BE MAINTAINED IN PROPER WORKING CONDITION AND WIL BE
INSTALLED IN AIRCRAFT TOGETHER WITH SUCH ACCESSORIES AS MAY BE NECESSARY
TO SECURE PHOTOGRAPHS MEETING THE REQUIREMENTS OF THIS ARRANGEMENT.
MOUNTING WILL BE MADE SUCH THAT MOVEMENTS AND VIBRATION WILL NOT
ADVERSELY AFFECT THE QUALITY OF THE PHOTOGRAPHS.
2. ONLY STAINED GLASS FILTERS, OPTICALLY FLAT AND COATED WITH A
METALLIC VIGNETTING CORRECTION (ILLEGIBLE), SHALL BE USED WITH THE
AERIAL CAMERAS.
3. ONLY CALIBRATED OR SERVICE-CHECKED CAMERAS AND MAGAZINES WHICH
HAVE BEEN ACCEPTED BY THE DEFENSE MAPPING AGENCY (DMA) WILL BE USED.
4. ANY DISASSEMBLY OR REASSEMBLY OF THE AERIAL CAMERA OR MAGAZINE
WHICH WILL AFFECT THE CALIBRATION CONSTANTS SHALL REQUIRE RECALIBRATION
AND SERVICE CHECKING OF THE AERIAL CAMERAS AND MAGAZINES.
5. IF THE CAMERAS HAVE INTERCHANGEABLE MAGAZINES, EACH CAMERA AND
EACH MAGAZINE MUST BE SERVICED-CHECKED AS SPECIFIED HEREIN. ONCE
SERVICE-CHECKED AND APPROVED, THE MAGAZINES MAY BE USED WITH ANY
SERVICE-CHECKED AND APPROVED CAMERAS OF THE SAME TYPE.
6. THE NATIONAL AEROPHOTOGRAPHIC SERVICE (SAN) SHALL PROVIDE THE
DEFENSE MAPPING AGENCY (DMA) TEST PHOTOGRAPHY AND RELATED DATA FOR
CHECKING CAMERAS AND ASSOCIATED EQUIPMENT NOT PREVIOUSLY APPROVED.
ADJUSTMENT OR CORRECTIONS OF CAMERAS FOUND NECESSARY SHALL BE MADE
BEFORE COMMENCING THE WORK.
7. THE CHECK MAY CONSIST OF TAKING, WITH THE CAMERA AND ACCESSORIES,
A STRIP OF CONSECUTIVE AERIAL PHOTOGRAPHS OVER AN AREA OF GROUND CONTROL
TO TEST THE QUALITY OF THE STEREOSCOPIC MODELS MADE THEREFROM. ALL
NEGATIVES EXPOSED WILL BE CONSIDERED PART OF THE CHECK.
8. THE FILM EXPOSED ON THE SERVICE CHECK MUST BE COMPLETELY
IDENTIFIED AS TO EXPOSURE NUMBERS, LOCATION OF THE CHECK AREA, ALTITUDE
OF THE PHOTOGRAPHY, CALIBRATED FOCAL LENGTH OF THE CAMERA TO 0.001
MILLIMETER, OR TO 0.01 MILLIMETER, AS APPLICABLE, DATE OF PHOTOGRAPHY,
TYPES AND SERIAL NUMBE OF LENS, CAMERA BODY, CONE, MAGAZINE, AND NAME
AND NUMBER OF PROJECT.
9. THE INTERVAL BETWEEN SERVICE CHECKS (REMAINING PARAGRAPH
ILLEGIBLE)
D. CAMERA ALTIMETER.
IF A CAMERA IS EQUIPPED WITH PRESSURE ALTIMETER WHICH HAS AN EXTERNAL
CONNECTION AND THE AIRCRAFT IS PRESSURIZED THE ALTIMETER SHALL BE
CONNECTED TO THE AIRCRAFT STATIC SOURCE.
E. CAMERA RECORDING DATA.
ALL INFORMATION CONTAINED IN THE DATA-RECORDING CHAMBER SHALL BE
VERIFIED PRIOR TO EXPOSURE OF AERIAL PHOTOGRAPHY AND ALL SUCH DATA SHALL
BE LEGIBLY RECORDED ON EACH NEGATIVE.
F. FILM.
ONLY FRESH, FINE-GRAINED PANCHROMATIC POLYESTER BASE AERIAL FILM
(0.004 INCH THICKNESS OR THE FIL AS SPECIFIED IN THE SPECIFIC PROJECT
DATA SHALL BE USED. THE FILM SHALL BE OF QUALITY THAT WILL PRODUCE
NEGATIVES MEETING THE REQUIREMENTS OF THESE SPECIFICATIONS.
G. FLIGHT ALTITUDE.
THE PHOTOGRAPHY SHALL BE FLOWN AT THE FLIGHT ALTITUDE ABOVE MEAN SEA
LEVEL SPECIFIED IN THE SPECIFIC PROJECT DATA. THE FLIGHT ALTITUDE SHALL
NOT SHOW A DEPARTURE OF MORE THAN 2,000 FEET ABOV OR 1,000 FEET BELOW
THE SPECIFIED ALTITUDE OR OF PLUS OR MINUS 5 PERCENT OF THE SPECIFIED
ALTITUDE, WHICHEVER IS LESS.
H. FLIGHT LINES
1. THE NUMBER OF FLIGHT LINES SHALL BE AS SPECIFIED IN, OR THE
MINIMUM NUMBER OF LINES AS DETERMINED BY THE NATIONAL AEROPHOTOGRAPHIC
SERVICE (SAN) FROM THE REQUIREMENTS IN THE SPECIFIC PROJECT DATA, ANNEX
A. SOME ISLANDS OR ISLAND GROUPS, OFF-SHORE RICKS, REEFS, AND HAZARD
AREAS OF THE PHOTOGRAPHIC SURVEY SHALL BE CONSIDERED AS PART OF THE
PROJECT DESPITE THEIR POSSIBLE OMISSION FROM THE FLIGHT MAP OR CHART.
THE FLIGHT FROM WHICH THE COASTLINE IS PHOTOGRAPHED SHALL BE FLOWN,
WHERE PRACTICAL, SO THAT EACH EXPOSURE SHALL CONTAIN A GREATER AMOUNT OF
LAND THAN WATER AREA.
2. THE FLIGHT LINES SHALL BE FLOWN IN THE DIRECTION INDICATED IN THE
SPECIFIC PROJECT DATA, ANNE A.
3. THE FLIGHT LINES SHALL BE AS STRAIGHT AS POSSIBLE. THE MEAN
BEARINGS OF ADJACENT STRIPS SHAL BE WITHIN 5 DEGREES OF PARALLEL. IN NO
CASE WILL THE LACK OF PARALLELISM BETWEEN ADJACENT PHOTO FLIGHT LINES,
OR SECTIONS THEREOF, BE SUCH AS TO PREVENT THE SIDELAP BETWEEN STRIPS
FROM CONFORMING WITH THE SIDELAP REQUIREMENTS. NO PHOTOGRAPHS SHALL BE
TAKEN WHILE THE AIRCRAFT IS IN THE BANK BETWEEN FLIGHT LINES. EACH
FLIGHT LINE SHALL BE SO PHOTOGRAPHED THAT THE PRINCIPAL POINTS OF THE
FIRST AND LAST NEGATIVES WILL FALL OUTSIDE OF THE BOUNDARIES OF THE
SPECIFIED AREAS. THE OUTERMOST FLIGHTS SHALL BE PLACED SUFFICIENTLY
NEAR THE EDGE OF THE BOUNDARY OF THE AREA TO BE PHOTOGRAPHED S THAT
EVERY POINT ON THE BOUNDARY IS ON TWO CONSECUTIVE EXPOSURES.
IN NO CASE WILL THE TURN AT THE END OF A FLIGHT LINE BE STARTED
BEFORE ALL THE NEGATIVES HAVE BEE EXPOSED. THE AIRCRAFT WILL BE IN LINE
AND ON COURSE BEFORE THE FIRST NEGATIVES ARE EXPOSED. PHOTOGRAPHS TAKEN
ON A FLIGHT LINE SHALL BE CONTINUOUS, CONSECUTIVE EXPOSURES. WHEN A
FLIGHT LINE IS BROKEN, THE END OF THE FLIGHT WHERE THE PHOTOGRAPHY WAS
DISCONTINUED MUST BE COVERED BY AN OVERLAP AS INDICATED IN THE SPECIFIC
PROJECT DATA, ANNEX A.
4. WHEN ANY PORTION OF A FLIGHT LINE IS REJECTED, THAT PORTION MUST
BE COVERED BY A REFLIGHT WHICH WILL OVERLAP EACH END OF THE ACCEPTABLE
PORTIONS OF THAT FLIGHT BY THE AMOUNT INDICATED IN TH SPECIFIC PROJECT
DATA, ANNEX A.
I. OVERLAP.
OVERLAP BETWEEN SUCCESSIVE EXPOSURES, OR FORWARD OVERLAP AS
DELINEATED BY THE IMAGES ALONG THE LEADING THE TRAINING EDGES, SHALL NOT
BE LESS THAN 53 PERCENT NOR MORE THAN 60 PERCENT AND SHALL AVERAGE 56
PERCENT. IN AREAS WITH EXTREME VARIANCES IN TERRAIN ELEVATION, THERE
SHALL BE NO MAXIMU VALUE FOR OVERLAP ALONG THE LEADING EDGE, PROVIDED
THE OVERLAP AT THE HIGH POINT IN TERRAIN ALONG THE TRAINING EDGE IS
BETWEEN 53 AND 56 PERCENT. CONVERSELY, THERE SHALL BE NO MAXIMUM VALUE
FOR OVERLAP ALONG THE TRAILING EDGE PROVIDED THE OVERLAP AT THE HIGH
POINT IN TERRAIN ALONG THE LEADING EDGE IS BETWEEN 53 AND 56 PERCENT.
COMPUTATIONS MUST SHOW THAT OVERLAP IN EXCESS OF 60 PERCENT IS RESULT OF
IMAGE DISPLACEMENT DUE TO THE DIFFERENCES IN TERRAIN ELEVATION WITHIN
THE OVERLAP AREA. THE MINIMUM OVERLAP OF 53 PERCENT IS EFFECTIVE IN ALL
CASES.
J. SIDELAP.
THE MINIMUM SIDELAP BETWEEN ADJACENT STRIPS SHALL BE NOT LESS THAN 10
PERCENT AS SPECIFIED IN THE SPECIFIC PROJECT DATA, ANNEX A. SIDELAP WILL
BE DETERMINED AFTER ALL DEDUCTIONS FROM CRAB, TILT, RELIEF, AND OTHER
FACTORS HAVE BEEN CONSIDERED. SIDELAP WILL BE DETERMINED FROM
MEASUREMENTS OBTAINED ONLY ON THOSE PORTIONS OF FLIGHT WHERE THE
SUCCESSIVE EXPOSURES, HAVING MET THE OVERLAP REQUIREMENTS, CONTAIN
TERRAIN IMAGES THAT ARE COMMON TO TWO OR MORE PHOTOGRAPHS IN THEIR
RESPECTIVE ADJACENT FLIGHTS. THE SIDELAP FOR THE ENTIRE PROJECT SHALL
AVERAGE THE AMOUNT SPECIFIED IN THE SPECIFIC PROJECT DATA, ANNEX A.
K. CRAB.
CRAB SHALL NOT EXCEED 10 DEGREES AS MEASURED FROM THE LINE OF FLIGHT.
L. TILT.
TILT SHOULD NOT EXCEED 3 DEGREES FOR ANY EXPOSURE. THE AVERAGE TILT
SHOULD NOT EXCEED 2 DEGREES FOR ANY 10-MILE SECTION OF FLIGHT LINE OR 1
DEGREE FOR THE ENTIRE PROJECT.
M. NEGATIVES.
1. THE SHUTTER SPEED WILL BE AS FAST AS FILM, FILTER, AND LIGHT
CONDITIONS PERMIT. FOR PURPOSES OF ESTIMATION, THE GROUND SPEED IN
MILES PER HOUR SHOULD NOT EXCEED THE FLIGHT HEIGHT ABOVE THE TERRAIN IN
THOUSANDS OF FEET DIVIDED BY 10 TIMES THE SHUTTER SPEED IN SECONDS.
2. PANCHOROMATIC NEGATIVES MUST BE EXPOSED AND DEVELOPED IN SUCH A
MANNER THAT THEY CONTAIN ALL HIGHLIGHT AND SHADOW DETAIL. THEY SHALL BE
SO EXPOSED AND PROCESSED THAT THE MINIMUM DENSITY, AS MEASURED BY A
DENSITOMETER (SCALE RANGE OF 0.0 TO 3.00) SHALL NOT BE LESS THAN 0.3 OR
MORE THAN 1.7 FOR POLYESTER BASE FILMS. THE FILM SHALL BE DEVELOPED TO
OPTIMUM GAMMA FACTOR AS DETERMINED BY MANUFACTURER'S GUIDANCE AND
SPECIFIED BY FILM AND CHEMISTRY USED ON THE PROJECTS. THE NEGATIVES
MUST BE SHARP IN DETAIL, FINE-GRAINED, AND FREE OF LIGHT STREAKS, STATIC
MARKS OR OTHER DEFECTS WHICH RENDER THEM UNSUITABLE FOR THEIR INTENDED
PURPOSES.
3. AFTER PROCESSING AND DRYING, THE NEGATIVE SHALL NOT SHOW A
DIFFERENTIAL CHANGE IN DIMENSION O MORE THAN 0.1 MILLIMETER FOR
POLYESTER BASE FILMS NOR SHALL ANY DISTORTION SO INTRODUCED RENDER
NEGATIVES UNSUITABLE FOR USE WITH FIRST-ORDER PLOTTING EQUIPMENT.
DIFFERENTIAL CHANGE IN FILM DIMENSION SHALL BE DETERMINED BY COMPARING
THE FOCAL PLANE DIMENSION GIVEN ON THE CAMERA CALIBRATIO REPORT WITH THE
DIMENSION DETERMINED BY MEASURING BETWEEN THE SAME TWO POINTS AS
RECORDED ON THE FILM.
4. SINCE THE AERIAL NEGATIVES ARE TO BE USED FOR CONSTRUCTION OF
TOPOGRAPHIC MAPS BY MEANS OF STEREOSCOPIC MEASUREMENTS, SPECIAL CARE
SHOULD BE TAKEN TO INSURE PROPER DEVELOPMENT AND THOROUGH FIXING AND
WASHING OF ALL FILM AND TO AVOID DEFORMING THE NEGATIVES. FILM SHALL
NOT BE ROLLED TIGHTLY ON DRUMS. ALL PROCESSED FILM SHALL BE ROLLED ON
SPOOLS WITH THE EMULSION SIDE INWARD.
5. THE NUMBER OF PRINTS MADE FROM THE NEGATIVES SHALL BE KEPT TO A
MINIMUM UNTIL DIAPOSITIVES HAVE BEEN MADE. UNDER NO CIRCUMSTANCES WILL
ENLARGEMENTS BE MADE FROM THE NEGATIVES UNTIL ALL PROJECT DIAPOSITIVES
ARE MADE.
N. FILM CONTAINER.
THE CONTAINER FOR EACH SPOOL OF FILM SHALL BE LABELED BY AFFIXING THE
FINAL FILM LOG WHICH SHOWS ALL DATA NECESSARY TO IDENTIFY THE FILM.
O. FILM ROLLS.
1. SHORT ROLLS OF FILM MAY BE SPLICED TOGETHER FOR SPOOLING, BUT
THEY SHALL NOT LOSE THEIR IDENTITY AS SEPARATE ROLLS. ROLLS OF FILM MAY
BE CUT AND REASSEMBLED BY SPLICING FOR THE FOLLOWING PURPOSES:
A. TO REMOVE UNEXPOSED PORTIONS OF FILM.
B. TO REMOVE COMPLETE FLIGHT LINES OF REJECTED PHOTOGRAPHY AFTER
REFLIGHT HAS PROVIDED ACCEPTABL COVERAGE OVER THE SAME AREA. (REJECTED
PORTIONS OF FLIGHT LINE WILL NOT BE REMOVED FROM THE ROLL UNLESS
APPROVED BY THE DMA/IAGS INSPECTOR.)
C. TO SEPARATE COVERAGE OF DIFFERENT PROJECT AREAS.
2. ALL SPLICES SHALL BE OF PERMANENT NATURE AND, IN SPLICING, THE
FILM SHALL NOT BE TRIMMED CLOSER THAN 20 INCHES TO AN ACCEPTED NEGATIVE.
HOWEVER, A LEADER AND TRAILER OF CLEAR FILM OF A TOTAL LENGTH OF 45
INCHES MUST BE PROVIDED WITH ALL FILM ROLLS.
P. NUMBERING AND TITLING.
THE AERIAL NEGATIVES SHALL BE NUMBERED AND TITLED AS PRESCRIBED IN
TITLING OF AERIAL PHOTOGRAPHY, ANNEX A, APPENDIX II.
Q. PLOT MAPS AND INDEXES.
PLOT MAPS AND PHOTO INDEXES SHALL BE PREPARED FOR THE DMA/IAGS
INSPECTOR BY THE NATIONAL AEROPHOTOGRAPHIC SERVICE (SAN) AS PRESCRIBED
IN PLOTTING OF AERIAL PHOTOGRAPHY, ANNEX A, APPENDIX III.
R. DMA/IAGS INSPECTOR.
THE DMA/IAGS INSPECTOR SHALL REPRESENT THE DEFENSE MAPPING AGENCY
(DMA) ON ALL TECHNICAL MATTERS INCIDENT TO ACCOMPLISHMENT OF AERIAL
CARTOGRAPHIC PHOTOGRAPHY. THE DMA/IAGS INSPECTOR SHALL HAVE FINAL
AUTHORITY TO ACCEPT OR REJECT AERIAL PHOTOGRAPHY AND TO MODIFY PROJECT
SPECIFICATIONS AS MAY BE NECESSARY DUE TO LOCAL OPERATING CONDITIONS.
THE DMA/IAGS INSPECTOR SHALL PROVIDE FULL COOPERATION AND TECHNICAL
ASSISTANCE TO THE NATIONAL AEROPHOTOGRAPHIC SERVICE (SAN) DURING THE
AERIAL OPERATIONS AND PROCESSING OF MATERIALS.
ANNEX A - SPECIFICATIONS
APPENDIX II - TITLING OF AERIAL PHOTOGRAPHY
A. GENERAL PROCEDURES FOR TITLING AERIAL PHOTOGRAPHIC NEGATIVES.
1. TITLING OF AERIAL PHOTOGRAPHY IS DESIGNED TO PROVIDE UNIQUE,
HUMAN READABLE, IDENTIFICATION T EACH FRAME OR SEGMENT OF EXPOSED FILM.
TITLING SPECIFIED IN THIS APPENDIX APPLIES TO BOTH SETS OF THE ORIGINAL
NEGATIVES AND NORMALLY WILL BE ACCOMPLISHED IMMEDIATELY AFTER THE FILM
DEVELOPMENT PROCESS. IT IS EXTREMELY CRITICAL THAT THE SAME NUMBERS ARE
USED ON THE SAME IMAGERY RESULTING FRO THE PRIMARY AND ALTERNATE
CAMERAS. THIS WILL INSURE THAT ALL REPRODUCTIONS CONTAIN THE SAME
IDENTIFICATION AS THE ORIGINAL NEGATIVES.
2. POSITION TITLING INFORMATION ALONG THE RUNNING EDGE OF THE FILM
OUT OF THE IMAGERY AREA, EXCEPT THE NEGATIVE NUMBER WHICH IS TO BE
APPLIED OVER THE IMAGERY AREA. APPLY TITLING ON EITHER THE FILM BASE OR
FILM EMULSION SIDE, WHICHEVER ALLOWS THE TITLED DATA TO READ CORRECTLY
WHEN THE PHOTOGRAPHIC IMAGE IS GEOGRAPHICALLY ORIENTED TO A BASE MAP.
PRESENT ALL TITLING DATA IN NUMERALS AND UPPER CASE LETTERS AND RESTRICT
TO TWO LINES WHEN POSSIBLE, AND IN ANY CASE, RESTRICT TO NOT MORE THAN
THREE LINES.
3. MATERIALS UTILIZED FOR TITLING ON FILM SHALL BE RESISTANT TO
DETERIORATION AND REMOVAL THROUG NORMAL USAGE AND CLEANING OF THE FILM.
B. TITLING SEQUENCE AND REQUIREMENTS.
ITEMS AND SEQUENCE:
1. ITEM NO. 1 - NEGATIVE NUMBER.
2. ITEM NO. 2 - CAMERA POSITION (DEPRESSION ANGLE).
3. ITEM NO. 3 - TAKING UNIT.
4. ITEM NO. 4 - SORTIE/MISSION NUMBER.
5. ITEM NO. 5 - DATE.
6. ITEM NO. 6 - FOCAL LENGTH.
7. ITEM NO. 7 - ALTITUDE.
8. ITEM NO. 8 - GEOGRAPHIC COORDINATES.
9. ITEM NO. 9 - DESCRIPTIVE TITLE.
10. ITEM NO. 10 - PROJECT NAME AND/OR NUMBER.
11. ITEM NO. 11 - CAMERA SERIAL NUMBER AND TYPE.
12. ITEM NO. 12 - CONE SERIAL NUMBER.
13. ITEM NO. 13 - LENS TYPE AND SERIAL NUMBER.
14. ITEM NO. 14 - MAGAZINE TYPE AND SERIAL NUMBER.
15. ITEM NO. 15 - TYPE AND MANUFACTURER OF FILM AND TYPE FILTER.
16. ITEM NO. 16 - ADDITIONAL DATA, IF REQUIRED.
C. EXPLANATION OF ITEMS USED FOR TITLING.
TO ASSURE UNIFORM INTERPRETATIONS OF ITEMS PRESCRIBED FOR TITLING
AERIAL PHOTOGRAPHY, THE FOLLOWING EXPLANATIONS ARE GIVEN:
1. ITEM NO. 1 - NEGATIVE NUMBER. SEQUENTIAL NUMERICAL
IDENTIFICATION APPLIED TO EACH PHOTOGRAPHIC FRAME. FRAMES FROM EACH
CAMERA WILL BE NUMBERED CONSECUTIVELY. IF MORE THAN ONE FILM MAGAZINE
FOR A CAMERA IS EXPOSED ON A SINGLE MISSION OR SORTIE, THE FRAMES WILL
BE NUMBERED CONSECUTIVELY FROM FRAME ONE OF THE FIRST MAGAZINE TO THE
LAST FRAME OF THE LAST MAGAZINE. THE NEGATIVE NUMBER IS THE ONLY
TITLING INFORMATION TO BE APPLIED DIRECTLY OVER IMAGERY AREA OF THE
PHOTOGRAPHY.
2. ITEM NO. 2 - CAMERA POSITION (DEPRESSION ANGLE). THIS ENTRY
IDENTIFIES THE POSITION OF THE CAMERAS IN RELATION TO THE GROUND AREAS
IMAGED. CAMERA WILL BE NUMBERED FROM NOSE TO TAIL ALONG TH LINE OF
FLIGHT AND WHERE TWO ARE SIDE BY SIDE, THE PORT (LEFT) CAMERA WILL BE
NUMBERED FIRST. THE FOLLOWING SYMBOLS WILL BE USED TO INDICATE CAMERA
POSITION:
"V" - VERTICAL. THE LETTER "V" WILL BE USED TO INDICATE THE VERTICAL
INSTALLATION OF CAMERAS NOT TILTED MORE THAN 5 DEGREES FROM THE
VERTICAL. THE LETTER "V" WILL BE PRECEDED BY A NUMERAL TO INDICATE MORE
THAN ONE VERTICAL CAMERA IN OPERATION; I.E., 1V TO INDICATE THE FIRST
VERTICAL CAMERA POSITION, AND 2V TO INDICATE THE SECOND VERTICAL CAMERA
POSITION.
3. ITEM NO. 3: TAKING UNIT - OFFICIAL IDENTIFICATION OF THE AERIAL
PHOTOGRAPHY IMAGERY.
4. ITEM NO. 4: SORTIE/MISSION NUMBER - A NUMBER APPLIED TO AERIAL
FILM TO IDENTIFY AN OPERATIONAL FLIGHT BY ONE MAPPING AIRCRAFT ACQUIRING
PHOTOGRAPHY. THESE NUMBERS WILL BE SEQUENTIALLY ASSIGNED WITHIN EACH
PROJECT AS DESIGNATED BY THE TAKING UNIT. NUMBERS WILL NOT EXCEE SIX
ALPHA NUMERIC CHARACTERS. THE AFTERMOST CAMERA SHALL CARRY THE LETTER
"A" AFTER THE ROLL NUMBE AND ON THE FILM TO DENOTE THE ALTERNATE SET OF
ORIGINAL PHOTOGRAPHY.
5. ITEM NO. 5: DATE - DAY, MONTH AND YEAR THE PHOTOGRAPHY WAS
ACCOMPLISHED.
6. ITEM NO. 6: FOCAL LENGTH: THE CALIBRATED FOCAL LENGTH OF LENS
ACQUIRING PHOTOGRAPHY WILL BE EXPRESSED IN MILLIMETERS (MM) TO THE
NUMBER OF SIGNIFICANT DECIMAL FIGURES AVAILABLE.
7. ITEM NO. 7: ALTITUDE. THE AVERAGE ALTITUDE ABOVE MEAN SEA LEVEL
IN FEET (FT) OR METERS (M) WILL BE TITLED ON THE ORIGINAL FILM. THE
AVERAGE ALTITUDE WILL BE EXPRESSED TO THE NEAREST 500 FOO OR 100 METER
INCREMENT.
8. ITEM NO. 8: GEOGRAPHIC COORDINATES. COORDINATES WILL INDICATE
THE LATITUDE (SOUTH OF THE EQUATOR) AND LONGITUDE (EAST OF GREENWICH),
OF THE PRINCIPAL POINTS OF THE FIRST AND LAST FRAMES OF CONTINUOUS
STRAIGHT LINE SEGMENT OF PHOTOGRAPHY.
COORDINATES WILL BE EXPRESSED TO THE NEAREST MINUTE WITH LATITUDE
BEING STATED IN FOUR DIGITS FOLLOWING BY THE LETTER "S" REPRESENTING
SOUTH OF THE EQUATOR, AND LONGITUDE BEING STATED IN FIVE DIGITS FOLLOWED
BY THE LETTER "E" REPRESENTING EAST OF GREENWICH. PREFIX ZEROS WILL BE
USED AS APPROPRIATE; E.G.,
1130S07530E = 11 DEGREES 30'S 075 DEGREES 30'E
9. ITEM NO. 9: DESCRIPTIVE TITLE. IDENTIFIES THE APPROXIMATE PLACE
OR SUBJECT OF THE PHOTOGRAPHY; E.G.,
PERU, SOUTH AMERICA
10. ITEM NO. 10: PROJECT NAME/NUMBER. THE OFFICIAL NAME/NUMBER
IDENTIFIER CONTAINED IN THE OPERATIONS PLAN, OPERATIONS ORDERS OR
ASSIGNED BY THE NATIONAL AEROPHOTOGRAPHIC SERVICE (SAN); I.E.
SAN 75-1
11. ITEM NO. 11: CAMERA IDENTIFICATION AND SERIAL NUMBER.
12. ITEM NOS. 12 THROUGH 15: THESE ITEMS ARE SELF-EXPLANATORY AND
ARE TO BE APPLIED TO THE LEADER AND TRAILER OF EACH ROLL OF FILM.
13. ITEM NO. 16: ADDITIONAL DATA, IF REQUIRED. ANY ADDITIONAL
INFORMATION PERTINENT TO THE IMAGERY WILL BE TITLED ON THE FILM LEADER
AND TRAILER.
D. SAMPLE TITLING.
THE FOLLOWING ARE EXAMPLES OF TITLING DATA TO BE APPLIED TO EACH FILM
ROLL OF AERIAL MAPPING PHOTOGRAPHY.
1. LEADER AND TRAILER DATA:
CAMERA POSITION (DEPRESSION ANGLE) - V
TAKING UNIT - SAN
SORTIE/MISSION - 15-87
DATE - 15 FEB 75
FOCAL LENGTH - 154.241 MM
ALTITUDE - 40,000 FT
GEOGRAPHIC COORDINATES - 1130S07530E
DESCRIPTIVE TITLE - PERU, S.A.
PROJECT NAME/NUMBER - SAN 75-1
CAMERA TYPE AND SERIAL NO. - RC-8, 35-369
CONE SERIAL NO. - 35-369
LENS TYPE AND SERIAL NO. AVIOGON DF3727
MAGAZINE TYPE AND SERIAL NO. - RC-8, 35-369
TYPE AND MANUFACTURER OF FILM AND TYPE FILTER - PLUS X (2402)
KODAK, MINUS BLUE
2. FRAME/EXPOSURE DATA:
038 V SAN 15-87 15 FEB 75
154.241 40,000 FT, SAN 75-1
ANNEX A - SPECIFICATIONS
APPENDIX III - PLOTTING OF AERIAL PHOTOGRAPHY.
A. GENERAL.
1. A MISSION COVERAGE LINE PLOT WILL BE PREPARED BY THE NATIONAL
AEROPHOTOGRAPHIC SERVICE (SAN) FOR THE DMA/IAGS INSPECTOR THE AERIAL
PHOTOGRAPHIC IMAGERY TO RECORD, ORIENT, AND LOCATE THE IMAGER WITH
RESPECT TO THE ACTUAL TERRAIN COVERAGE.
2. AERIAL PHOTOGRAPHY WILL BE PLOTTED ON TRANSPARANT ACETATES, 20 X
24 INCHES, KEYED TO A STANDARD PLOTTING SCALE OF 1:250,000 WHENEVER
PRACTICABLE. SCALES 1:200,000, 1:500,000, AND 1:1,000,000 MAY BE USED
WHEN THE NUMBER OF EXPOSURES AND THE SCALE OF PHOTOGRAPHY DICTATES.
3. AS AERIAL PHOTOGRAPHIC COVERAGE IS ACQUIRED FOR 1 DEGREE X 1.5
DEGREES BLOCK AREAS, PHOTOGRAPHIC INDEXES WILL BE PREPARED BY THE
NATIONAL AEROPHOTOGRAPHIC SERVICE (SAN) FOR DELIVERY T THE DMA/IAGS
INSPECTOR IN ACCORDANCE WITH PARAGRAPH D BELOW.
B. PROCEDURES FOR THE LINE PLOT.
1. AERIAL PHOTOGRAPHY WILL BE PLOTTED IN STRAIGHT LINE SEGMENTS
STARTING WITH EXPOSURE NUMBER ONE. A STRAIGHT LINE SEGMENT IS ANY
NUMBER OF REGULAR OVERLAPPING EXPOSURES PLOTTED APPROXIMATELY IN A
STRAIGHT LINE. ONLY THE FIRST AND LAST EXPOSURE OF A STRAIGHT LINE
SEGMENT WILL BE PLOTTED.
2. SUBSEQUENTLY PLOTTED EXPOSURES WITH A RUN WILL BE CONNECTED BY A
FLIGHT LINE. FLIGHT LINES ENTERING OR LEAVING A PLOT SHEET WILL BE
MARKED WITH AN ARROW TO INDICATE DIRECTION OF FLIGHT. (SE ATTACHMENT
NO. 1)
3. THE FIRST PLOTTED EXPOSURE ON EACH RUN WILL BE IDENTIFIED WITH A
CAMERA POSITION, EXPOSURE, STRIP AND ROLL NUMBER. EACH PLOTTED EXPOSURE
WITHIN OR ENDING A RUN WILL BE IDENTIFIED BY EXPOSURE NUMBER ONLY.
4. WHEN PLOTTING AT 1:500,000 AND 1:1,000,000 SCALES, AT LEAST ONE
PLOTTING SYMBOL MUST BE SHOWN IN EACH DEGREE SQUARE COVERED BY THE
MISSION.
5. EXPOSURE NUMBERS WILL BE LETTERED HORIZONTALLY WHILE CAMERA
POSITION, STRIP AND ROLL NUMBER WILL BE LETTERED PARALLEL TO THE
STRAIGHT LINE CONNECTING THE FIRST OR LAST EXPOSURE OF EACH LINE
PLOTTED.
6. A SMALL DATA TAG ANNOTATING THE SERIAL NUMBER AND TYPE OF CAMERA,
LENS, LENS FILTER, AND MAGAZINE USED WILL BE PREPARED AND ATTACHED AT
THE TOP OF THE PLOT.
7. OTHER SORTIE DATA WILL BE LETTERED ON THE PLOT AS DESCRIBED IN
PARAGRAPH 3.
C. TEXTUAL INFORMATION. THE FOLLOWING INFORMATION AND DATA WILL BE
LETTERED IN THREE COLUMNS ACROSS THE TOP OF EACH PLOT. WHEN THERE IS NO
INFORMATION FOR A PARTICULAR ENTRY, THE NOTATION SHOULD READ "NONE OR
N/A" AS APPROPRIATE. (SEE ATTACHMENT NO. 1)
1. COLUMN ONE:
A. ITEM NO. 1 - ORGANIZATION, SORTIE, AND PROJECT NUMBER AND/OR NAME.
SHOW ORGANIZATION FIRST AND SEPARATE FROM THE SORTIE NUMBER.
B. ITEM NO. 2 - FOCAL LENGTH. SHOW IN INCHES, CENTIMETERS, OR
MILLIMETERS.
C. ITEM NO. 3 - ALTITUDE. INDICATE BAROMETRIC ALTITUDE OF AIRCRAFT.
MAJOR CHANGES IN ALTITUDE DURING A MISSION SORTIE WILL BE ENTERED AND
IDENTIFIED WITH CORRESPONDING EXPOSURE NUMBER.
D. ITEM NO. 4 - REMARKS. RESERVED FOR EXPLANATORY INFORMATION.
2. COLUMN 2:
A. ITEM NO. 5 - MAP SCALE AND REFERENCE. INDICATE THE SCALE AND
REFERENCE NUMBER OF THE MAP OR CHART USED FOR A BASE. IF MAP OR CHART
BASE WAS REDUCED OR ENLARGED PHOTOGRAPHICALLY TO THE PLOT SCALE, GIVE
REFERENCE NUMBER AND ORIGINAL SCALE OF THE MAP OR CHART.
B. ITEM NO. 6 - DATE OF PHOTOGRAPHY. INDICATE DAY OF THE MONTH, THE
MONTH (FIRST THREE LETTERS) AND YEAR (LAST TWO DIGITS).
3. COLUMN 3: ITEM NO. 7 - PREPARED BY. INDICATE THE NAME OF THE
ORGANIZATION, NAME OF PERSON COMPLETING THE PLOT, AND THE DATE PLOTTING
WAS ACCOMPLISHED.
D. PHOTOGRAPHIC INDEX.
1. THE NATIONAL AEROPHOTOGRAPHIC SERVICE (SAN) SHALL DELIVER TO THE
DMA/IAGS INSPECTOR ONE COPY OF THE PHOTOGRAPHIC INDEX ON DOUBLE WEIGHT
SEMI-MATTE PAPER, TOGETHER WITH ONE COPY OF THE FILM NEGATIVE, FOR EACH
1 DEGREE X 1.5 DEGREES AREA OF PHOTOGRAPHIC COVERAGE ACCOMPLISHED.
2. THE PHOTOGRAPHIC INDEX NEGATIVES AND PRINTS SHALL BE PREPARED AT
A SCALE OF APPROXIMATELY 1:300,000. ALL PHOTOGRAPHIC INDEX NEGATIVES
SHALL BE TO A UNIFORM SCALE TO FACILITATE THE MATCHING OF ADJOINING
INDEXES. ALL PHOTOGRAPHIC INDEXES SHALL BE OF UNIFORM TRIM SIZE. THE
MAXIMUM TRIM SIZE IS 20 INCHES BY 24 INCHES.
3. THE PHOTOGRAPHIC INDEX SHALL BE PREPARED BY PHOTOGRAPHING AN
ASSEMBLY OF TRIMMED CONTACT GLOSSY PRINTS AND LAID SO AS TO HIDE ALL
TITLING DATA EXCEPT ON THE EXPOSURE NUMBER. THE GLOSSY PRINTS SHALL BE
LAID TO MATCH IMAGES BETWEEN SUCCESSIVE STRIPS AND THE INDIVIDUAL PRINTS
WITHIN EAC STRIP SHALL OVERLAP EACH OTHER LIKE SHINGLES. EACH PRINT
SHALL BE NUMBERED WITH A WHITE RECTANGLE BEARING, IN BLACK, THE NUMBER
OF THE PRINT OF SUCH SIZE AS TO BE READ EASILY ON THE PHOTO INDEX. THE
NUMBER OF EACH FILM STRIP SHALL BE SHOWN ON EACH PHOTO INDEX USING THE
SAME PROCEDURE.
4. THE GEOGRAPHIC COORDINATES OF THE FOUR EXTREME CORNERS OF THE
PHOTO INDEX (THE STAPLED ASSEMBLY) SHALL BE SHOWN BY TICK MARKS (IN THE
FORM OF A SHORT CROSS MARK) AND THE VALUES OF THE GEOGRAPHIC COORDINATES
SHALL BE GIVEN TO THE NEAREST MINUTE OF LATITUDE AND LONGITUDE. THE
TICK MARK POSITIONS SHALL BE ACCURATE TO WITHIN ONE MINUTE OF LATITUDE
AND LONGITUDE.
5. EACH SHEET OF THE PHOTO INDEX SHALL HAVE THE FOLLOWING FOUR ITEMS
ARRANGED IN CONVENIENT LOCATIONS:
A. A NEATLY EXECUTED TITLE BLOCK TO INCLUDE THE FOLLOWING ITEMS: THE
PROJECT NAME AND DESCRIPTIVE TITLE, THE TAKING UNIT, TYPE AND AERIAL
NUMBER OF THE CAMERA, MAGAZINE, AND LENS, THE CALIBRATED FOCAL LENGTH OF
THE LENS (ONLY THE CAMERA UNITS USED TO OBTAIN PHOTOGRAPHY SHOWN ON THE
PHOTO INDEX SHEET TO WHICH THE TITLE BLOCK APPLIES SHALL BE GIVEN);
APPROXIMATE SCALE OF PHOTOGRAPHY, APPROXIMATE SCALE OF THE PHOTO INDEX,
SHEET NUMBER AND A DIAGRAM OF ADJOINING PHOTO INDEXES.
B. A TABULATION OF ALL EXPOSURES APPEARING ON THE INDEX OR ACCOUNTED
FOR BY EXPOSURE NUMBERS SHALL BE PREPARED. THE NUMBERS SHOWN SHALL BE
IDENTICAL TO THOSE SHOWN ON EACH PRINT. THE TABULATION SHALL SHOW THE
NEGATIVE SERIAL NUMBER, ROLL NUMBER, STRIP NUMBER AND THE DATE THE FILM
WAS EXPOSED.
C. A TABULATION OF THE REMAINING EXPOSURES (THOSE NOT ACCOUNTED FOR
IN THE TABULATION) SHALL BE PREPARED. THE TABULATION SHALL SHOW THE
EXPOSURE NUMBER, ROLL NUMBER, STRIP NUMBER, AND THE DATE THE FILM WAS
EXPOSED.
D. AN INDEX TO ADJOINING SHEETS SHALL BE PREPARED IF THE PHOTO INDEX
IS COMPOSED OF MORE THAN ON SHEET. THE OUTLINE AND NUMBER OF EACH SHEET
OF THE PHOTO INDEX SHALL BE SHOWN. THE SHEET NUMBERIN SYSTEM SHALL BE
CONTINUOUS THROUGHOUT THE PROJECT. THE INDEX TO SHEETS SHALL SHOW THE
APPROXIMATE SHAPE OF THE AREA TO BE PHOTOGRAPHED AND THE LATITUDE AND
LONGITUDE OF THE FOUR EXTREME CORNERS OF THE AREA. THE RELATIVE
LOCATION OF THE SHEET ON THE PHOTO INDEX SHALL BE INDICATED BY
CROSS-HATCHING THE OUTLINE OF THE APPROPRIATE AREA ON THE INDEX.
(MAPS OMITTED)
(ANNEX B OMITTED)
ANNEX C - DUTIES AND RESPONSIBILITIES OF DMA/IAGS INSPECTOR
A. GENERAL. AS OFFICIAL REPRESENTATIVE OF THE DEFENSE MAPPING AGENCY
(DMA) THE DMA/IAGS INSPECTOR WILL HAVE FULL AUTHORITY ON ALL TECHNICAL
MATTERS INCIDENT TO THE ACCOMPLISHMENTS OF AERIAL CARTOGRAPHIC
PHOTOGRAPHY AND WILL PERFORM THE FOLLOWING SPECIFIC FUNCTIONS:
1. TECHNICAL ASSISTANCE. PROVIDE FULL COOPERATION TO THE NATIONAL
AEROPHOTOGRAPHIC SERVICE (SAN DURING AERIAL OPERATIONS AND PROCESSING OF
MATERIALS.
2. ESTABLISH PRIORITIES: REPRESENT THE DEFENSE MAPPING AGENCY (DMA)
IN ESTABLISHING LOCAL PRIORITIES FOR PHOTOGRAPHY AND FOR PROCESSING AND
DELIVERY OF FILM AND PRINTS.
3. INSPECTION AND ANALYSIS: MAKE A DETAILED ANALYSIS OF THE FILM
EXPOSED FROM THE MAPPING STANDPOINT AND, BASED UPON THIS ANALYSIS,
ACCEPT OR REJECT THE FILM FOR USE BY THE MILITARY GEOGRAPHIC INSTITUTE
(IGM) AND THE DEFENSE MAPPING AGENCY (DMA). THIS ANALYSIS SHALL BE IN
WRITING IN ORDER TO RECORD THE REASONS FOR ACCEPTANCE OR REJECTION OF
PHOTOGRAPHY AND/OR AUTHORIZED DEVIATIONS FROM THE SPECIFICATIONS.
4. RECORDS: MAINTAIN A PROJECT LOG WHICH, WHEN THE PROJECT IS
COMPLETED, WILL BE FORWARDED WITH THE FILM AND PRINTS TO THE MILITARY
GEOGRAPHIC INSTITUTE (IGM) AND THE DEFENSE MAPPING AGENCY (DMA) AND
FURNISH A COPY OF THE LOG TO THE NATIONAL AEROPHOTOGRAPHIC SERVICE
(SAN).
B. INSPECTION AND EVALUATION PROCEDURES.
INSPECTION AND EVALUATION GENERALLY MAY BE DIVIDED INTO FOUR PHASES
AS FOLLOWS: PHASE ONE, INSPECTION OF CONTACT PRINTS MADE FROM THE
EXPOSED NEGATIVES; PHASE TWO, INSPECTION OF THE EXPOSED NEGATIVES;
PHASE THREE, STEREOSCOPIC EXAMINATION WITH MAPPING INSTRUMENTS OF
SELECTED MODELS FOR OBSERVATION OF WARPAGE, DISTORTION, AND NEGATIVE
QUALITY; AND PHASE FOUR, THE FINAL REVIEW AND ANALYSIS OF DATA OBTAINED
THROUGH THE PRECEDING PHASES TO DETERMINE IF THE FILM IS ACCEPTABLE FOR
MAPPING PURPOSES.
1. FIRST INSPECTION PHASE. THE FIRST INSPECTION PHASE, INSPECTION
OF THE CONTACT PRINTS, IS MAD TO EXAMINE SUCH FACTORS AS FORWARD
OVERLAP, SIDE OVERLAP, CONFORMITY TO FLIGHT LINE, CRAB, TILT, SNOW,
SHADOWS, CLOUDS, AND SCALE. DEFECTS SUCH AS FOGGED PRINTS, PIN HOLES,
POOR CONTRAST, CAN BE INSPECTED TO DETERMINE THE SOURCE OF THE DEFECTS.
THE CONTACT PRINTS ARE LAID OUT IN ORDER OF FLIGHT AND EXAMINED FOR THE
CHARACTERISTICS OUTLINED ABOVE. AS REQUIRED, ADJACENT FLIGHTS ARE LAID
OUT TO DETERMINE IF SIDELAP REQUIREMENTS HAVE BEEN MET.
2. SECOND INSPECTION PHASE. THE SECOND INSPECTION PHASE CONSISTS OF
EXAMINING THE AERIAL NEGATIVES TO DETERMINE THEIR SUITABILITY FOR
MAPPING PURPOSES. EACH EXPOSURE IS VIEWED INDIVIDUALL FOR TYPE OF FILM
BASE, GRAININESS, SPLICES, TILTING, ADVERSE ATMOSPHERIC OR GROUND
CONDITIONS, DENSITY AND CONTRAST OF THE NEGATIVES, FOG, STAINS,
ABRASIONS, STREAKS AND SCRATCHES. AS REQUIRED, SPOT CHECKS ARE MADE
WITH A DENSITOMETER TO MEASURE THE DENSITY OF THE EXPOSED NEGATIVE TO
ASSURE CONFORMANCE WITH SPECIFIC MAXIMUM AND MINIMUM DENSITY VALUES.
ADDITIONAL SPOT CHECKS ARE MADE TO DETERMINE CONFORMITY TO DISTORTION
SPECIFICATIONS. THIS IS ACCOMPLISHED BY COMPARING THE MEASUREMENT OF
DISTANCE BETWEEN FIDUCIAL MARKS WITH THE VALUES ESTABLISHED BY THE
CAMERA CALIBRATIO REPORT.
3. THIRD INSPECTION PHASE. DURING THE SECOND INSPECTION PHASE
EXPOSURES SHOULD BE SELECTED FOR USE IN THE THIRD PHASE-STEREOSCOPIC
INSTRUMENTS OF MODELS SELECTED TO GIVE REPRESENTATION OF THE NEGATIVE
QUALITY OF THE ROLL. OBSERVATION IS MADE TO DETERMINE NEGATIVE QUALITY
REGARDING WARPAGE, DISTORTION, PARALLAX ELIMINATION, THE ABILITY TO
"CARRY OVER" POINTS TO THE ADJACENT MODEL, AND DEFINITION OF MODEL
IMAGES.
4. FOURTH INSPECTION PHASE. THE FINAL PHASE IN THE INSPECTION AND
EVALUATION PROCEDURE IS THE ANALYSIS OF THE DATA OBTAINED THROUGHOUT THE
FIRST THREE PHASES. THIS ANALYSIS LEADS TO THE DECISION TO ACCEPT OR
REJECT THE PHOTOGRAPHY. THE ECONOMY OF AN OPERATION CAN BE GREATLY
AFFECTED BY THE DEGREE OF SOUND JUDGMENT USED IN THE FINAL ANALYSIS.
COMPETENT ANALYSIS, LEADING TO THE REJECTION OF UNSUITABLE PHOTOGRAPHY,
GREATLY AUGMENTS THE OPPORTUNITY TO OBTAIN SUITABLE REFLIGHTS WHILE THE
PHOTOGRAPHIC UNIT IS IN THE OPERATING AREA, THEREBY PROVIDING ACCEPTABLE
MATERIAL SPECIFIED BY THE REQUESTING ACTIVITY. ON THE OTHER HAND, THE
ACCEPTANCE OF MARGINAL PHOTOGRAPHY THAT SATISFIED THE MAPPING
REQUIREMENT WILL ELIMINATE EXPENSIVE REFLIGHT.
PERU 24 JUN 1974 FLITE DOCUMENT NO. 7502453
AGREEMENT
CREDIT AGREEMENT RELATING TO THE PURCHASE OF DEFENSE ITEMS.
CREDIT AGREEMENT BETWEEN THE GOVERNMENT OF THE UNITED STATES OF
AMERICA AND THE GOVERNMENT OF PER
RELATING TO THE PURCHASE OF DEFENSE ITEMS
CREDIT AGREEMENT, MADE AND ENTERED INTO THE 24TH DAY OF JUNE, 1974,
BETWEEN THE GOVERNMENT OF PERU, REPRESENTED BY ITS CHARGE D'AFFAIRES,
AND THE GOVERNMENT OF THE UNITED STATES OF AMERICA, REPRESENTED BY THE
DEPARTMENT OF DEFENSE OF THE UNITED STATES OF AMERICA.
WITNESSETH
WHEREAS, THE GOVERNMENT OF PERU (HEREINAFTER SOMETIMES REFERRED TO AS
THE "BORROWER") DESIRES TO ENTER INTO PURCHASE CONTRACTS (HEREINAFTER
REFERRED TO AS "PURCHASE ARRANGEMENTS") WITH THE MILITAR DEPARTMENTS AND
AGENCIES OF THE UNITED STATES DEPARTMENT OF DEFENSE (HEREINAFTER
REFERRED TO AS "DOD") AND/OR VARIOUS UNITED STATES COMMERCIAL SUPPLIERS
FOR THE PURCHASE OF DEFENSE ARTICLES AND SERVICES OF UNITED STATES
ORIGIN (HEREINAFTER COLLECTIVELY REFERRED TO AS "DEFENSE ITEMS"); AND
WHEREAS, THE BORROWER HAS REQUESTED THE GOVERNMENT OF THE UNITED
STATES OF AMERICA (HEREINAFTER SOMETIMES REFERRED TO AS THE "LENDER") TO
FINANCE PAYMENTS REQUIRED TO BE MADE BY THE BORROWER UNDE THE PURCHASE
ARRANGEMENTS; AND
WHEREAS, THE AFORESAID REQUESTED CREDIT WILL FACILITATE THE PURPOSES
OF THE UNITED STATES FOREIGN MILITARY SALES ACT, AS AMENDED;
NOW THEREFORE, IN CONSIDERATION OF THE PREMISE AND THE MUTUAL
COVENANTS HEREINAFTER SET FORTH, AN IN IMPLEMENTATION OF, AND SUBJECT TO
THE PROVISIONS OF THE MUTUAL DEFENSE ASSISTANCE AGREEMENT BETWEEN THE
GOVERNMENT OF PERU AND THE GOVERNMENT OF THE UNITED STATES OF AMERICA,
DATED 26 APRIL 1952, THE PARTIES HERETO AGREE AS FOLLOWS:
1. SUBJECT TO THE TERMS AND CONDITIONS HEREOF, THE LENDER AGREES TO
MAKE LOANS TO THE BORROWER FROM TIME TO TIME IN AN AGGREGATE PRINCIPAL
AMOUNT UP TO BUT NOT EXCEEDING $5,000,000.00 (HEREINAFTER CALLED THE
"COMMITMENT").
2. THE AFORESAID COMMITMENT SHALL BE AVAILABLE ONLY TO FINANCE THE
PURCHASE OF DEFENSE ITEMS BY THE BORROWER PURSUANT TO PURCHASE
ARRANGEMENTS AUTHORIZED FOR SUCH FINANCING BY DOD WHICH ARE ENTERED INTO
BY THE BORROWER ON OR BEFORE 30 JUNE, 1976. EACH AUTHORIZATION FOR THE
BORROWER TO ENTER INTO A PURCHASE ARRANGEMENT IN IMPLEMENTATION OF THIS
CREDIT AGREEMENT SHALL BE SEPARATELY COMMUNICATED BY DOD IN WRITING TO
THE BORROWER, WHICH AUTHORIZATION SHALL SPECIFY THE DEFENSE ITEMS AND
THE AMOUNT OF CREDIT AUTHORIZED FOR THE PURCHASE ARRANGEMENT. THE
BORROWER SHALL INCORPORATE INTO EACH SUCH PURCHASE ARRANGEMENT WITH
COMMERCIAL SUPPLIERS THE PROVISIONS OF ANNEX A HERETO AND ATTACH AS AN
EXHIBIT TO THE PURCHASE ARRANGEMENT A TRUE COPY OF THE APPLICABLE
AFORESAID AUTHORIZATION AND OF PARAGRAPH 9 OF THIS CREDIT AGREEMENT.
3. EACH LOAN HEREUNDER BY THE LENDER SHALL BE MADE IN ACCORDANCE
WITH THE FOLLOWING PROCEDURES:
(A) EACH LOAN SHALL BE MADE ON SUCH DATE (HEREINAFTER REFERRED TO AS
A "DISBURSEMENT DATE") AS MAY BE DESIGNATED BY THE BORROWER FROM TIME TO
TIME UPON TEN (10) DAYS WRITTEN NOTICE BY THE BORROWER TO THE LENDER.
(B) EACH NOTICE SHALL SPECIFY THE AMOUNT OF THE LOAN TO BE MADE BY
THE LENDER ON THE DISBURSEMEN DATE, AND SHALL SPECIFY THE SUPPLIER OR
SUPPLIERS (INCLUDING THE MILITARY DEPARTMENTS OR AGENCIES O DOD) TO WHOM
THE DISBURSEMENT IS TO BE REMITTED BY THE LENDER.
(C) EACH NOTICE SHALL BE PREPARED IN QUADRUPLICATE ON U.S. STANDARD
FORM 1034 AND SHALL BE SENT TO THE COMPTROLLER, DEFENSE SECURITY
ASSISTANCE AGENCY, THE PENTAGON, WASHINGTON, D.C. 20301.
(D) IN THE CASE OF DISBURSEMENTS REQUESTED TO BE MADE TO COMMERCIAL
SUPPLIERS, THE INVOICES SHAL BE PREPARED IN ACCORDANCE WITH THE
PROCEDURE SET FORTH IN ANNEX A HERETO.
(E) IN THE CASE OF DISBURSEMENTS REQUESTED TO BE MADE TO THE MILITARY
DEPARTMENTS AND AGENCIES O DOD, THE NOTICES SHALL HAVE ANNEXED THERETO
COPIES OF THE PAYMENT REQUEST RECEIVED BY THE BORROWER FROM SUCH
MILITARY DEPARTMENT OR AGENCY AGAINST WHICH DISBURSEMENT IS REQUESTED.
(F) WITH EACH NOTICE, THE BORROWER SHALL CONCURRENTLY TRANSMIT TO THE
LENDER AT THE ADDRESS SET FORTH IN SUBPARAGRAPH (C) ABOVE OF THIS
PARAGRAPH A PROMISSORY NOTE SUBSTANTIALLY IN THE FORM OF ANNEX B HERETO
(WITH THE BLANKS APPROPRIATELY FILLED IN) RECITING THE OBLIGATION OF THE
BORROWER TO REPAY THE AMOUNT OF SUCH LOAN WITH INTEREST THEREON AS
HEREINAFTER SET FORTH. (THE PROMISSORY NOTE HEREINABOVE REFERRED TO ARE
HEREINAFTER CALLED THE "NOTES" AND INDIVIDUALLY A "NOTE").
4.(A) ALL OCEAN TRANSPORTATION OF THE DEFENSE ARTICLES SHALL BE ON
VESSELS OF UNITED STATES REGISTRY. THE GOVERNMENT OF THE UNITED STATES
WILL GIVE SYMPATHETIC CONSIDERATION ON A CASE-BY-CAS BASIS TO REQUESTS
BY THE BORROWER JUSTIFYING SHIPMENT ON VESSELS OF THE REGISTRY OF THE
BORROWER. CONSIDERATION WILL BE GIVEN TO SECURITY REQUIREMENTS OF THE
BORROWER TO ASSURE SAFE ARRIVAL.
(B) THE BORROWER OR ITS COMMERCIAL SUPPLIERS SHALL BE RESPONSIBLE FOR
OBTAINING SUCH EXPORT LICENSES AS MAY BE NECESSARY FOR DEFENSE ITEMS
FINANCED HEREUNDER.
5. THIS AGREEMENT EVIDENCES THE LEGAL AND BINDING OBLIGATION OF THE
BORROWER TO MAKE REPAYMENTS TO THE LENDER FOR DISBURSEMENTS MADE BY THE
LENDER IN ACCORDANCE WITH THE TERMS HEREOF. THE LENDER MAY SELL OR
ASSIGN, IN WHOLE OR IN PART, ITS RIGHTS TO SAID REPAYMENTS AND MAY, WITH
RESPECT TO SUC SALE OR ASSIGNMENT, GUARANTEE PAYMENT OF THE SAME.
6.(A) THE BORROWER SHALL REPAY THE DISBURSEMENTS MADE BY THE LENDER
IN ACCORDANCE WITH THE PRINCIPAL REPAYMENT SCHEDULE SET FORTH IN ANNEX C
HERETO, AND SHALL PAY INTEREST SEMIANNUALLY ON 30 JUNE AND 31 DECEMBER
COMMENCING 31 DECEMBER 1974, AT THE RATE OF SEVEN AND SEVEN-EIGHTHS
PERCENT (7 7/8%) PER ANNUM, USING A 365 DAY FACTOR, ON THE AMOUNT BY
WHICH FROM TIME TO TIME CUMULATIVE DISBURSEMENTS EXCEED CUMULATIVE
REPAYMENTS OF PRINCIPAL.
(B) IF ON ANY INSTALLMENT REPAYMENT DATE SET FORTH IN THE PRINCIPAL
REPAYMENT SCHEDULE THE BORROWER SHALL NOT HAVE AVAILED ITSELF OF THE
COMMITMENT OF THE LENDER IN AN AGGREGATE AMOUNT (LESS REPAYMENTS
PREVIOUSLY MADE) EQUAL TO THE AGGREGATE INSTALLMENT OF PRINCIPAL WHICH
IS REPAYABLE ON SUCH DATE TO THE LENDER, THE BORROWER SHALL, ON SUCH
INSTALLMENT DATE, REPAY TO THE LENDER THE FULL AMOUNT (LESS REPAYMENTS
PREVIOUSLY MADE) TO WHICH IT HAS AVAILED ITSELF OF THE COMMITMENT OF THE
LENDER TO SUCH DATE, TOGETHER WITH THE INTEREST ACCRUED THEREON. IF AT
ANY TIME THEREAFTER THE BORROWER SHALL AVAIL ITSELF OF THE COMMITMENT OF
THE LENDER IN AN AMOUNT WHICH WOULD HAVE BEEN PAYABLE ON A PRIOR
INSTALLMENT REPAYMENT DATE BUT FOR THE PROVISIONS OF THE IMMEDIATELY
PRECEDING SENTENCE, SUCH AMOUNT, TOGETHER WITH THE INTEREST ACCRUED
THEREON, SHALL BE REPAYABLE ON THE NEXT SUCCEEDING INSTALLMENT DATE OF
THE PRINCIPAL REPAYMENT SCHEDULE OCCURRING AFTER THE DISBURSEMENT OF
SUCH AMOUNT AND THE SAID AGGREGATE INSTALLMENT OF PRINCIPAL REPAYABLE
UNDER THE PRINCIPAL REPAYMENT SCHEDULE TO THE LENDER ON THAT DATE SHALL
BE INCREASED BY SUCH AMOUNT.
(C) IF BY THE DATE SPECIFIED IN PARAGRAPH 2 ABOVE, THE BORROWER SHALL
NOT HAVE ENTERED INTO AUTHORIZED PURCHASE ARRANGEMENTS IN AN AGGREGATE
AMOUNT EQUAL TO THE ENTIRE AMOUNT OF THE COMMITMENT, THE INSTALLMENTS OF
PRINCIPAL REPAYABLE TO THE LENDER SET FORTH IN THE PRINCIPAL REPAYMENT
SCHEDULE SHALL BE REDUCED IN THE INVERSE ORDER OF THE MATURITY THEREOF
TO THE EXTENT OF THE UNUSED BALANCE OF THE COMMITMENT.
(D) WHENEVER ANY REPAYMENT TO BE MADE BY THE BORROWER SHALL BE DUE ON
A SATURDAY, SUNDAY, OR PUBLIC HOLIDAY UNDER THE LAWS OF THE LENDER, SUCH
REPAYMENT MAY BE MADE ON THE NEXT SUCCEEDING BUSINESS DAY, AND SUCH
EXTENSION OF TIME SHALL IN SUCH CASE BE INCLUDED IN COMPUTING INTEREST
IN CONNECTION WITH SUCH REPAYMENT BUT EXCLUDED FROM THE NEXT INTEREST
PERIOD.
(E) THE BORROWER MAY PREPAY THE CREDIT EXTENDED UNDER THIS AGREEMENT
IN PART OR IN FULL ON ANY INTEREST PAYMENT DATE WITHOUT PENALTY OR
PREMIUM, BUT SUCH PREPAYMENT MUST BE ACCOMPANIED BY PAYMEN OF INTEREST
ON THE AMOUNT PREPAID TO THE DATE OF PREPAYMENT AND MUST BE APPLIED TO
THE SATISFACTION OF INSTALLMENTS OF PRINCIPAL REPAYMENTS IN THE INVERSE
ORDER OF THEIR MATURITIES.
(F) ALL REPAYMENTS BY THE BORROWER ON ACCOUNT OF PRINCIPAL OR
INTEREST SHALL BE IN LAWFUL MONEY OF THE UNITED STATES OF AMERICA AND IN
IMMEDIATELY AVAILABLE FUNDS, FREE AND CLEAR OF, AND WITHOUT DEDUCTION
FOR, ANY AND ALL TAXES, LEVIES, IMPOSTS, DEDUCTIONS AND WITHHOLDINGS
WHATSOEVER IMPOSED, LEVIED, COLLECTED OR ASSESSED WITH RESPECT THERETO
BY ANY CENTRAL OR LOCAL AUTHORITY OF
7.(A) THE NOTES SHALL BE FURTHER EVIDENCE OF THE OBLIGATION OF THE
BORROWER TO REPAY THE LOANS MADE HEREUNDER. EACH NOTE SHALL BE DATED
THE PARTICULAR DISBURSEMENT DATE OF THE LOAN WHICH SUCH NOTE EVIDENCES,
SHALL BE PAYABLE TO THE ORDER OF THE GOVERNMENT OF THE UNITED STATES IN
THE PRINCIPAL AMOUNT OF SUCH DISBURSEMENT, AND SHALL BEAR INTEREST ON
THE UNPAID PRINCIPAL AMOUNT THEREOF AS PROVIDED IN PARAGRAPH 6(A).
(B) THE NOTES SHALL BE COMPLETED BY THE BORROWER IN SUCH A MANNER
THAT REPAYMENT OF SUCH LOANS SHALL BE MADE IN THE ORDER OF THEIR
DISBURSEMENT, UTILIZING THE PRINCIPAL REPAYMENT SCHEDULE SET FORTH IN
ANNEX C (AS THE SAME MAY BE ADJUSTED IN ACCORDANCE WITH PARAGRAPHS 6(B)
AND (C) HEREOF), AND, IN DETERMINING WHETHER A PARTICULAR LOAN IS
REPAYABLE IN ONE OR MORE INSTALLMENTS, UTILIZING A PARTICULAR
INSTALLMENT PAYMENT DATE ONLY AFTER THE FULL UTILIZATION OF THE NEXT
PRECEDING INSTALLMENT DATE.
(C) EACH NOTE SHALL BE SIGNED ON BEHALF OF THE BORROWER BY THE
AMBASSADOR OF PERU IN WASHINGTON.
8.(A) THE BORROWER REPRESENTS AND WARRANTS THAT THE MAKING AND
PERFORMANCE OF THIS AGREEMENT HAV BEEN DULY AUTHORIZED IN ACCORDANCE
WITH THE LAWS OF PERU AND SHALL FURNISH TO THE LENDER UPON REQUEST
EVIDENCE, SATISFACTORY TO THE LENDER, OF THE AUTHORITY OF THE PERSON OR
PERSONS WHO HAVE SIGNED THIS AGREEMENT ON BEHALF OF THE BORROWER AND OF
THE PERSON OR PERSONS WHO WILL SIGN THE NOTE PROVIDED FOR HEREIN ON
BEHALF OF THE BORROWER, TOGETHER WITH THE AUTHENTICATED SPECIMEN
SIGNATURE, IN DUPLICATE, OF EACH OF THE LATTER.
(B) THIS AGREEMENT SHALL INURE TO THE BENEFIT OF THE HOLDERS OF THE
NOTES, THEIR RESPECTIVE SUCCESSORS AND ASSIGNS. THIS AGREEMENT AND THE
NOTES SHALL BE DEEMED TO BE CONTRACTS UNDER THE LAW OF THE DISTRICT OF
COLUMBIA AND FOR ALL PURPOSES SHALL BE CONTRUED IN ACCORDANCE WITH SAID
LAW. TH BORROWER AGREES THAT JURISDICTION MAY BE TAKEN BY COURTS IN THE
DISTRICT OF COLUMBIA WITH RESPECT T MATTERS INVOLVING ANY NOTE, PROVIDED
SUCH NOTE IS HELD BY AN INDIVIDUAL, PARTNERSHIP, CORPORATION, OR OTHER
PRIVATE LEGAL ENTITY.
(C) THE BORROWER SHALL IN ALL CASES PAY WHEN AND AS DUE THE PRINCIPAL
OF AND INTEREST ON ALL NOTES ISSUED HEREUNDER, NOTWITHSTANDING ANY
CLAIMS WHICH THE BORROWER MAY NOW OR HEREAFTER HAVE AGAINST ANY SUPPLIER
OF THE DEFENSE ITEMS, DOD, THE LENDER, OR ANY OTHER PERSON OR ENTITY IN
CONNECTION WITH ANY OTHER TRANSACTION, FOR ANY REASON WHATSOEVER.
9. UPON THE OCCURRENCE OF ANY OF THE FOLLOWING EVENTS OF DEFAULT:
(A) IF THE BORROWER FAILS FOR A PERIOD OF TEN (10) DAYS TO MAKE ANY
PAYMENT OF PRINCIPAL OF, OR INTEREST ON, ANY NOTE WHEN DUE;
(B) IF ANY REPRESENTATION OR WARRANTY MADE BY THE BORROWER HEREIN OR
ANY CERTIFICATE FURNISHED B THE BORROWER PURSUANT HERETO PROVES TO BE AT
ANY TIME INCORRECT IN ANY MATERIAL RESPECT; OR
(C) IF THE BORROWER DEFAULTS IN THE PERFORMANCE OF ANY OTHER TERM,
COVENANT OR UNDERTAKING CONTAINED IN THIS CREDIT AGREEMENT, AND SUCH
DEFAULT SHALL CONTINUE UNREMEDIED FOR 30 DAYS AFTER WRITTEN NOTIFICATION
THEREOF SHALL HAVE BEEN GIVEN TO THE BORROWER BY THE LENDER;
THEN, AND IN ANY SUCH EVENT, THE HOLDER OF ANY NOTE MAY DECLARE
IMMEDIATELY DUE AND PAYABLE THE UNPAID PRINCIPAL OF, AND ACCRUED
INTEREST ON, ANY OR ALL NOTES HELD BY SUCH HOLDER AND SUCH AMOUNTS SHALL
BECOME IMMEDIATELY DUE AND PAYABLE WITHOUT PROTEST, PRESENTMENT, NOTICE
OR OTHER DEMAND OF AN KIND, ALL OF WHICH ARE HEREBY EXPRESSLY WAIVED BY
THE BORROWER, AND THE LENDER MAY TERMINATE ITS COMMITMENT HEREUNDER.
10. ALL COMMUNICATIONS AND OTHER DOCUMENTS REQUIRED OR PERMITTED
HEREUNDER, UNLESS SUBMITTED IN THE ENGLISH LANGUAGE, SHALL BE
ACCOMPANIED BY ONE ENGLISH TRANSLATION FOR EACH COPY OF SUCH DOCUMENTS
TO BE FURNISHED AND, IN THE EVENT OF CONFLICT, THE ENGLISH VERSION SHALL
GOVERN. EXCEPT AS OTHERWISE PROVIDED HEREIN, ALL NOTICES, REQUESTS OR
DEMANDS HEREUNDER SHALL BE DEEMED TO HAVE BEEN GIVEN OR MADE UPON THE
MAILING OF THE SAME, POSTAGE PREPAID, OR IN THE CASE OF TELEGRAPHIC
NOTICE, ON DELIVERY TO THE TELEGRAPHIC COMPANY, ADDRESSED IN THE CASE OF
THE BORROWER, TO
AND IN THE CASE OF THE LENDER TO THE DIRECTOR, DEFENSE SECURITY
ASSISTANCE AGENCY, THE PENTAGON, WASHINGTON, D.C. 20301.
11. THIS AGREEMENT MAY BE EXECUTED IN ANY NUMBER OF COUNTERPARTS AND
BY THE PARTIES HERETO ON SEPARATE COUNTERPARTS, EACH OF WHICH SHALL BE
DEEMED AN ORIGINAL BUT ALL SUCH COUNTERPARTS TO CONSTITUTE ONE AND THE
SAME INSTRUMENT.
12. ANNEXES A THROUGH C ATTACHED HERETO ARE, BY THIS REFERENCE, MADE
A PART OF THIS AGREEMENT.
IN WITNESS WHEREOF, THE PARTIES HERETO HAVE DULY EXECUTED THIS
AGREEMENT 24TH DAY OF JUNE 1974.
GOVERNMENT OF PERU
SIGNED
BY MANUEL A. ROCA-ZELA
CHARGE D'AFFAIRES A.I.
GOVERNMENT OF THE UNITED STATES OF AMERICA
SIGNED
BY RAY PEET
VICE-ADMIRAL, USN
DIRECTOR
DEFENSE SECURITY ASSISTANCE AGENCY
ANNEX A AND A2.
PAYMENT PROCEDURES
THE FOLLOWING PROCEDURES AND CONDITIONS SHALL BE ADHERED TO PRIOR TO
EACH DISBURSEMENT TO BE MADE BY THE GOVERNMENT OF THE UNITED STATES FOR
THE ACCOUNT OF THE GOVERNMENT OF __________.
1. THE SUPPLIER SHALL PREPARE AND SUBMIT TO THE DESIGNATED
REPRESENTATIVES OF THE GOVERNMENT OF __________ IN WASHINGTON, D.C.
INVOICES ON U.S. STANDARD FORM 1034 IN SUFFICIENT NUMBER OF COPIES T
PERMIT THE FORWARDING OF FOUR COPIES TO THE DISBURSING OFFICER
DESIGNATED IN PARAGRAPH 5 BELOW.
2. THE SUPPLIER SHALL INSURE THAT EACH INVOICE IS IN ACCORDANCE WITH
RELEVANT PROVISIONS OF ITS PURCHASE ARRANGEMENT WITH THE GOVERNMENT OF
__________.
3. THE SUPPLIER SHALL ATTACH TO EACH INVOICE A STATEMENT THAT
AUTHORIZED REPRESENTATIVES OF THE GOVERNMENT OF THE UNITED STATES SHALL,
UNTIL THE EXPIRATION OF THREE YEARS AFTER FINAL PAYMENT HEREUNDER, HAVE
ACCESS TO AND THE RIGHT TO EXAMINE ANY DIRECTLY RELATED PERTINENT BOOKS,
DOCUMENTS, PAPERS AND RECORDS OF THE SUPPLIER INVOLVING TRANSACTIONS
RELATING TO THE AFORESAID PURCHASE ARRANGEMENT.
4. TO THE EXTENT THAT ANY INVOICE REQUESTS PAYMENT OF ADVANCES, AS
DISTINGUISHED FROM PAYMENT FO DELIVERY OF DEFENSE ITEMS OR REIMBURSEMENT
IN THE FORM OF PROGRESS PAYMENTS FOR WORK OR SERVICES PERFORMED, THE
SUPPLIER SHALL ATTACH TO THE INVOICE A STATEMENT SETTING FORTH THE
UNDERTAKING OF TH SUPPLIER THAT THE FULL AMOUNT OF THE ADVANCE WILL BE
MAINTAINED BY THE SUPPLIER IN A SEGREGATED ACCOUNT WHICH WILL BE APPLIED
SOLELY TO THE PERFORMANCE OF THE SUPPLIER'S OBLIGATIONS UNDER THE
PURCHASE ARRANGEMENT.
5. THE DESIGNATED REPRESENTATIVE OF THE GOVERNMENT OF __________ IN
WASHINGTON, D.C. SHALL FORWARD SUCH INVOICES TO THE COMPTROLLER, DEFENSE
SECURITY ASSISTANCE AGENCY, THE PENTAGON, WASHINGTON, D.C. 20301.
6. EACH INVOICE SHALL BE ACCOMPANIED BY A CERTIFICATION OF THE
GOVERNMENT OF __________ AS FOLLOWS:
THE GOVERNMENT OF __________ CONFIRMS (THAT THE DEFENSE ITEMS SET
FORTH HEREIN HAVE BEEN SATISFACTORILY RECEIVED BY OR FOR THE GOVERNMENT
OF __________) (THAT THE WORK OR SERVICES FOR WHIC PROGRESS PAYMENTS ARE
REQUESTED HAVE BEEN SATISFACTORILY RENDERED) (THAT PAYMENT IS OTHERWISE
DUE) UNDER ITS PURCHASE ARRANGEMENT OF __________ FOR THE PURCHASE OF
DEFENSE ITEMS FROM SUPPLER, AND CERTIFIES THAT THE BILL IS CORRECT AND
JUST AND THAT PAYMENT THEREFOR HAS NOT BEEN MADE. PAYMENT O THIS
INVOICE IS REQUESTED BY THE MINISTRY OF DEFENSE OF THE GOVERNMENT OF
__________ PURSUANT TO TH TERMS OF THE CREDIT AGREEMENT OF __________
BETWEEN THE __________ OF THE GOVERNMENT OF __________ AND THE
GOVERNMENT OF THE UNITED STATES OF AMERICA. THE GOVERNMENT OF
__________ CONFIRMS THAT SAI PURCHASE ARRANGEMENT IS ONE OF THE PURCHASE
ARRANGEMENTS AUTHORIZED BY THE DEPARTMENT OF DEFENSE OF THE UNITED
STATES OF AMERICA PURSUANT TO THE AFORESAID CREDIT AGREEMENT OF
__________ AND FURTHER CONFIRMS THAT THE CUMULATIVE TOTAL OF THIS
INVOICE AND INVOICES PREVIOUSLY PAID BY THE GOVERNMENT O THE UNITED
STATES AGAINST SAID PURCHASE ARRANGEMENT DOES NOT EXCEED THE AGGREGATE
CREDIT CEILING ESTABLISHED BY THE GOVERNMENT OF THE UNITED STATES FOR
THE SAID PURCHASE ARRANGEMENT.
GOVERNMENT OF __________
BY (NAME TYPED)
(TITLE)
ANNEX B AND B2
PROMISSORY NOTE
U.S. $__________, WASHINGTON, D.C.
FOR VALUE RECEIVED, THE UNDERSIGNED, THE GOVERNMENT OF __________
(HEREIN CALLED "__________"), HEREBY PROMISES TO PAY TO THE ORDER OF THE
GOVERNMENT OF THE UNITED STATES OF AMERICA (HEREIN CALLE "UNITED
STATES") THE PRINCIPAL SUM OF __________ UNITED STATES DOLLARS (U.S.
$__________) AS FOLLOWS:
TOGETHER WITH INTEREST ON ANY AND ALL AMOUNTS REMAINING UNPAID
HEREUNDER FROM TIME TO TIME FROM THE DATE HEREOF UNTIL THIS NOTE SHALL
BE PAID IN FULL, PAYABLE SEMIANNUALLY ON __________ AND __________ OF
EACH YEAR FROM DATE HEREOF AT THE RATE OF _____ PER CENT PER ANNUM
(_____%) USING A 365 DAY FACTOR, BOTH PRINCIPAL AND INTEREST TO BE
PAYABLE IN LAWFUL MONEY OF THE UNITED STATES OF AMERICA AT THE U.S. ARMY
FINANCE COMPTROLLER INFORMATION SYSTEMS COMMAND, ATTN: MILITARY
ASSISTANCE/SALES ACCOUNTING DIVISION, 1000 INDEPENDENCE AVENUE, S.W.,
WASHINGTON, D.C. 20314. ALL PAYMENTS MADE ON ACCOUNT OF THE PRINCIPAL
AMOUNT REMAINING UNPAID HEREUNDER SHALL BE ENDORSED BY TH HOLDER ON THE
REVERSE SIDE OF THIS NOTE.
WHENEVER ANY PAYMENT TO BE MADE SHALL BE DUE ON A SATURDAY, SUNDAY,
OR A PUBLIC HOLIDAY UNDER THE LAWS OF THE GOVERNMENT OF THE UNITED
STATES, SUCH PAYMENT MAY BE MADE ON THE NEXT SUCCEEDING BUSINESS DAY,
AND SUCH EXTENSION OF TIME SHALL IN SUCH CASE BE INCLUDED IN COMPUTING
INTEREST IN CONNECTION WITH SUCH PAYMENT BUT EXCLUDED FROM THE NEXT
INTEREST PERIOD.
THIS NOTE MAY BE PREPAID ON ANY INTEREST PAYMENT DATE. PREPAYMENTS
SHALL BE APPLIED TO THE INSTALLMENTS HEREOF IN THE REVERSE ORDER OF
THEIR MATURITY. ALL PAYMENTS OF PRINCIPAL AND INTEREST ON THIS NOTE ARE
PAYABLE IN LAWFUL MONEY OF THE UNITED STATES OF AMERICA AND IN
IMMEDIATELY AVAILABLE FUNDS, FREE AND CLEAR OF, AND WITHOUT DEDUCTION
FOR, ANY TAXES, LEVIES, IMPOSTS, DEDUCTIONS, AND WITHHOLDINGS WHATSOEVER
NOW OR HEREAFTER IMPOSED, LEVIED, COLLECTED OR ASSESSED WIT RESPECT
THERETO BY ANY CENTRAL OR LOCAL AUTHORITY OF __________ AND SHALL BE
PAID FREE FROM ALL RESTRICTIONS OF ANY CENTRAL OR LOCAL AUTHORITY OF
__________.
THE GOVERNMENT OF __________ AGREES TO PAY ALL OUT-OF-POCKET COSTS
AND EXPENSES IN CONNECTION WIT COLLECTION AFTER DEFAULT OF THIS NOTE
(INCLUDING THE REASONABLE FEES AND OUT-OF-POCKET EXPENSES OF COUNSEL) AS
WELL AS ALL STAMP AND SIMILAR TAXES, IF ANY, NOW OR HEREAFTER IN EFFECT,
AND TO SAVE TH HOLDER OF THE NOTE HARMLESS FROM ANY AND ALL LIABILITIES
WITH RESPECT TO OR RESULTING FROM ANY DELA OR OMISSION TO PAY SUCH
TAXES.
GOVERNMENT OF __________
BY (NAME TYPED)
(TITLE)
ANNEX C
PRINCIPAL REPAYMENT SCHEDULE
THE FIRST $312,500.00 OF DISBURSEMENTS ARE REPAYABLE ON 30 JUNE 1975
THE NEXT $312,500.00 OF DISBURSEMENTS ARE REPAYABLE ON 31 DEC 1975
THE NEXT $312,500.00 OF DISBURSEMENTS ARE REPAYABLE ON 30 JUNE 1976
THE NEXT $312,500.00 OF DISBURSEMENTS ARE REPAYABLE ON 31 DEC 1976
THE NEXT $312,500.00 OF DISBURSEMENTS ARE REPAYABLE ON 30 JUNE 1977
THE NEXT $312,500.00 OF DISBURSEMENTS ARE REPAYABLE ON 31 DEC 1977
THE NEXT $312,500.00 OF DISBURSEMENTS ARE REPAYABLE ON 30 JUNE 1978
THE NEXT $312,500.00 OF DISBURSEMENTS ARE REPAYABLE ON 31 DEC 1978
THE NEXT $312,500.00 OF DISBURSEMENTS ARE REPAYABLE ON 30 JUNE 1979
THE NEXT $312,500.00 OF DISBURSEMENTS ARE REPAYABLE ON 31 DEC 1979
THE NEXT $312,500.00 OF DISBURSEMENTS ARE REPAYABLE ON 30 JUNE 1980
THE NEXT $312,500.00 OF DISBURSEMENTS ARE REPAYABLE ON 31 DEC 1980
THE NEXT $312,500.00 OF DISBURSEMENTS ARE REPAYABLE ON 30 JUNE 1981
THE NEXT $312,500.00 OF DISBURSEMENTS ARE REPAYABLE ON 31 DEC 1981
THE NEXT $312,500.00 OF DISBURSEMENTS ARE REPAYABLE ON 30 JUNE 1982
THE LAST $312,500.00 OF DISBURSEMENTS ARE REPAYABLE ON 31 DEC 1982
PURCHASE ARRANGEMENT AUTHORIZATION
DEAR __________
IN IMPLEMENTATION OF PARAGRAPH 2 OF THE CREDIT AGREEMENT BETWEEN THE
MINISTRY OF DEFENSE OF THE GOVERNMENT OF __________ AND THE DEPARTMENT
OF DEFENSE OF THE GOVERNMENT OF THE UNITED STATES, ENTERED INTO ON
__________, AND IN RESPONSE TO YOUR REQUEST OF __________, THE
GOVERNMENT OF __________ IS HEREBY AUTHORIZED TO ENTER INTO A PURCHASE
ARRANGEMENT WITH THE BELOW DESIGNATED SUPPLIER(S) FOR THE PURCHASE OF
THE FOLLOWING DEFENSE ARTICLES AND DEFENSE SERVICES AND THE AMOUNT OF
CREDIT AUTHORIZED FOR SUCH PURCHASE ARRANGEMENT:
ITEMS SUPPLIER AMOUNT
PANAMA 31 JAN 1975 FLITE DOCUMENT NO. 7502452
ARRANGEMENT
ARRANGEMENT FOR HYDROGRAPHY AND NAUTICAL CARTOGRAPHY BETWEEN AGENCIES
OF THE REPUBLIC OF PANAMA AND UNITED STATES OF AMERICA.
ARRANGEMENT FOR HYDROGRAPHY AND NAUTICAL CARTOGRAPHY BETWEEN AGENCIES
OF THE REPUBLIC OF PANAMA AND UNITED STATES OF AMERICA
1. THE MINISTRY OF PUBLIC WORKS OF THE REPUBLIC OF PANAMA
REPRESENTED BY THE NATIONAL GEOGRAPHIC INSTITUTE "TOMMY GUARDIA"
(IGNTG), AND THE DEPARTMENT OF DEFENSE OF THE UNITED STATES REPRESENTED
B THE NAVAL OCEANOGRAPHIC OFFICE (NAVOCEANO), THE DEFENSE MAPPING AGENCY
HYDROGRAPHIC CENTER (DMAHC), AND THE DEFENSE MAPPING AGENCY
INTER-AMERICAN GEODETIC SURVEY (DMA IAGS) AGREE TO PARTICIPATE IN
HYDROGRAPHIC SURVEYS OF THE PORTS AND COASTAL WATERS OF THE REPUBLIC OF
PANAMA AND TO THE PUBLICATION OF NAUTICAL CHARTS. THIS JOINT
COOPERATIVE EFFORT IS TO BE CONDUCTED UNDER THE THEME O THE HARBOR
SURVEY ASSISTANCE PROGRAM (HARSAP) OF THE UNITED STATES NAVAL
OCEANOGRAPHIC OFFICE. THE PURPOSE OF HARSAP AND GENERAL INSTRUCTIONS
FOR CONDUCTING THE SURVEYS ARE PROVIDED IN ATTACHMENT (1 AND FORM A PART
OF THIS ARRANGEMENT.
2. UNDER THE TERMS OF THIS ARRANGEMENT AND SUBJECT TO THE
AVAILABILITY OF FUNDS, THE RESPONSIBILITIES OF THE PARTICIPATING
AGENCIES ARE AS FOLLOWS:
A. UNITED STATES DEPARTMENT OF DEFENSE PARTICIPATION:
(1) NAVOCEANO WILL PROVIDE:
(A) TECHNICAL ADVICE DURING PERIODIC VISITS TO PANAMA BY THE HARSAP
COORDINATOR STATIONED IN THE PANAMA CANAL ZONE OR BY OTHER TECHNICAL
PERSONNEL AS AVAILABLE. DAILY TELEPHONE CONTACT CAN ALSO B MADE WITH
THE HARSAP COORDINATOR DURING NORMAL WORKING HOURS.
(B) ADEQUATE TECHNICAL EQUIPMENT, AS AVAILABLE, ON A LOAN OR LEASE
BASIS FOR CONDUCTING HYDROGRAPHIC SURVEYS, INCLUDING THE MEASUREMENT OF
SEA CURRENTS AND THE GATHERING OF BOTTOM SAMPLES
(C) THE NECESSARY SUPPLY OF TECHNICAL MATERIALS REQUIRED FOR
CONDUCTING THE HYDROGRAPHIC SURVEYS SUCH AS BOAT SHEETS, SMOOTH SHEETS,
AND MISCELLANEOUS REFERENCE MANUALS AND PUBLICATIONS.
(D) TRAINING OF IGNTG PERSONNEL IN THE HYDROGRAPHIC DISCIPLINES IN
SUPPORT OF THE PROGRAMS AS RELATED TO THIS ARRANGEMENT.
(2) DMA IAGS WILL PROVIDE:
(A) IN-COUNTRY LIAISON WITH THE APPROPRIATE AGENCIES THROUGH THE DMA
IAGS PROJECT OFFICE IN PANAMA.
(B) TECHNICAL ASSISTANCE BY A NAUTICAL CARTOGRAPHER IN THE
COMPILATION AND COLOR SEPARATION OF THE CHARTS TO BE PUBLISHED.
(C) MATERIALS REQUIRED FOR COMPILATION OF CHARTS SUCH AS SCRIBE COAT,
MYLAR, AND TYPE.
(D) LOGISTIC SUPPORT IN THE SHIPPING OF TECHNICAL MATERIALS AND
EQUIPMENT TO AND FROM PANAMA.
(E) TRAINING OF IGNTG PERSONNEL IN THE CARTOGRAPHIC DISCIPLINES IN
SUPPORT OF THE PROGRAMS AS RELATED TO THIS ARRANGEMENT.
(3) DMAHC WILL PROVIDE:
(A) CHART PRODUCTION TECHNICAL ASSISTANCE IN THE FORM OF
RECOMMENDATIONS, COMMENTS, AND EDITORIA REVIEW OF PROOFS FOR THE CHARTS
TO BE PUBLISHED BY IGNTG.
(B) RECOMMENDED STANDARD CHART SYMBOLS AND ABBREVIATIONS AS SHOWN IN
U.S. CHART NO. 1 (SPANISH EQUIVALENTS FOR ABBREVIATIONS TO BE
SUBSTITUTED OR ADDED, IF DESIRED, BY IGNTG).
(C) REPRODUCTION OF SELECTED IGNTG CHARTS FOR INCORPORATION INTO THE
DMAHC DISTRIBUTION AND SALE SYSTEM.
(D) THREE (3) COPIES OF EACH CHART PRODUCED BY DMAHC COVERING THE
WATERS OF PANAMA.
B. MINISTRY OF PUBLIC WORKS OF THE REPUBLIC OF PANAMA PARTICIPATION:
THE NATIONAL GEOGRAPHIC INSTITUTE "TOMMY GUARDIA" (IGNTG) WILL
PROVIDE:
(1) THE ESTABLISHMENT AND COMPUTATION OF THE NECESSARY GEODETIC
CONTROL REQUIRED FOR CONDUCTING HYDROGRAPHIC SURVEYS IN ACCORDANCE WITH
PANAMA'S HYDROGRAPHIC AND NAUTICAL CHARTS PLAN.
(2) A MINIMUM OF SEVEN (7) INDIVIDUALS, INCLUDING A SUPERVISOR, WHO
WILL RECEIVE THE NECESSARY TRAINING IN ORDER TO CONDUCT THE HYDROGRAPHIC
SURVEYS.
(3) A SUITABLE BOAT TO BE USED IN CONDUCTING THE HYDROGRAPHIC
SURVEYS.
(4) FUEL, OIL, LUBRICANTS AND THE NECESSARY CREW FOR THE HYDROGRAPHIC
BOAT.
(5) THE COMPILATION OF DATA AND THE COLOR-SEPARATION PROCESS FOR EACH
NAUTICAL CHART.
(6) A COLOR PROOF TO DMAHC FOR EDITING. DMAHC WILL RETURN THE COLOR
PROOF TO IGNTG WITH RECOMMENDATIONS FOR CHANGES, IF ANY, BEFORE
PRINTING.
(7) CORRECTED REPRODUCIBLE MATERIALS (REPROMAT) TO DMAHC IF REQUESTED
BY THAT AGENCY FOR PUBLICATION; ALSO ANY SUBSEQUENTLY ACQUIRED DATA
THAT MAINTAINS THE CHARTS UP-TO-DATE.
(8) THREE (3) COPIES OF EACH CHART PRODUCED UNDER THIS ARRANGEMENT TO
DMAHC.
3. THE AREAS TO BE SURVEYED WILL BE SELECTED, AND THE WORK PROGRAMS
WILL BE ACCOMPLISHED BY THE IGNTG.
4. ALL ORIGINAL SURVEY DATA WILL BE RETAINED BY THE IGNTG IN PANAMA
FOR PERMANENT RECORD WITH TH UNDERSTANDING THAT NAVOCEANO WILL BE
PROVIDED A STABLE BASE COPY OF ALL SMOOTH SHEETS AT THE CONCLUSION OF
EACH SURVEY. RELATED INFORMATION FOR SAILING DIRECTIONS OR OTHER
PUBLICATIONS WILL ALSO BE INCLUDED. IF THE NEED ARISES IN THE FUTURE,
NAVOCEANO AND DMAHC WILL BE ACCORDED THE PRIVILEGE OF ACCESS TO THE
ORIGINAL DATA COLLECTED UNDER THIS ARRANGEMENT.
THE METRIC SYSTEM WILL BE USED ON CHARTS PREPARED FROM THESE SURVEYS.
THE CHARTS PUBLISHED BY IGNTG FROM DATA OBTAINED UNDER THIS
ARRANGEMENT SHALL BE IN SPANISH. THE CHARTS PUBLISHED BY DMAHC FROM
DATA OBTAINED UNDER THIS ARRANGEMENT SHALL BE BILINGUAL (ENGLISH AND
SPANISH).
5. THE ARRANGEMENT SHALL TAKE EFFECT UPON SIGNATURE OF
REPRESENTATIVES OF ALL PARTICIPATING AGENCIES.
SIGNED BY THE FOLLOWING PARTIES ON THE DATES INDICATED.
FOR THE GOVERNMENT OF PANAMA
SIGNED
ING. JULIO MOCK C.
DIRECTOR, NATIONAL GEOGRAPHIC
INSTITUTE "TOMMY GUARDIA" OF
THE REPUBLIC OF PANAMA
DATE JAN 21 1975
FOR THE UNITED STATES DEPARTMENT
OF DEFENSE AGENCIES
SIGNED
JAMES A. AYRES
CAPTAIN, USN
COMMANDER, U.S. NAVAL OCEANOGRAPHIC
OFFICE
DATE JAN 21 1975
SIGNED
SCOTT E. DRUMMOND, JR.
CAPTAIN, USN
DIRECTOR, DEFENSE MAPPING AGENCY
HYDROGRAPHIC CENTER
DATE 17 JAN 1975
SIGNED
JOHN W. PARKS, JR.
COLONEL, CE
DIRECTOR, DEFENSE MAPPING AGENCY
INTER AMERICAN GEODETIC SURVEY
DATE JAN 21 1975
U.S. NAVAL OCEANOGRAPHIC OFFICE
GENERAL INSTRUCTIONS
HARBOR SURVEY ASSISTANCE PROGRAM
(HARSAP)
1. INTRODUCTION
1.1 BACKGROUND. THE HARBOR SURVEY ASSISTANCE PROGRAM (HARSAP)
PROVIDES FOR A U.S. NAVAL OCEANOGRAPHIC OFFICE (NAVOCEANO) MISSION TO
ASSIST OTHER GOVERNMENTS IN CONDUCTING HYDROGRAPHIC SURVEYS OF HARBORS,
HARBOR APPROACHES, AND COASTAL WATERS. THE PURPOSE OF THESE SURVEYS IS
TO OBTAIN INFORMATION FOR THE PUBLICATION OF ACCURATE NAUTICAL CHARTS
AND SAILING DIRECTIONS AND TO PROVIDE TECHNICAL TRAINING AND GUIDANCE TO
PERSONNEL OF THE PARTICIPATING GOVERNMENTS.
1.2 PURPOSE OF INSTRUCTIONS. THESE INSTRUCTIONS PROVIDE TECHNICAL
GUIDANCE FOR CONDUCTING GEODETIC AND HYDROGRAPHIC SURVEYS UNDER THE
HARBOR SURVEY ASSISTANCE PROGRAM.
2. TECHNICAL REQUIREMENTS
2.1 TECHNICAL OPERATIONS. THESE SURVEYS SHALL BE ACCOMPLISHED WITHIN
THE LIMITS OF ACCURACY AND IN ACCORDANCE WITH THE INSTRUCTIONS AND
PROCEDURES CONTAINED IN THE U.S. NAVAL OCEANOGRAPHIC OFFICE SPECIAL
PUBLICATION NO. 4 (SP-4), THE STANDARDS OF THE INTERNATIONAL
HYDROGRAPHIC BUREAU (IHB), AND THE GEODETIC STANDARDS OF THE
PARTICIPATING NATION. THOSE PARTS OF SP-4 REFERRED TO HEREIN ARE
CONTAINED IN ANNEX A TO THIS DOCUMENT. THE METRIC SYSTEM WILL BE USED.
2.1.1 GEODETIC CONTROL. IF POSSIBLE, ANY CONTROL NET ESTABLISHED
SHOULD BE CONNECTED TO AT LEAS TWO STATIONS OF FIRST-ORDER
TRIANGULATION. IF FIRST-ORDER STATIONS ARE NOT AVAILABLE, TWO STATIONS
OF THE NEXT HIGHEST ACCURACY SHOULD BE USED.
2.1.1.1 PRIMARY HORIZONTAL CONTROL. ALL PRIMARY TRIANGULATION AND
TRAVERSES ESTABLISHED SHALL CONFORM TO AT LEAST THIRD-ORDER ACCURACY
STANDARDS AS DESCRIBED IN SP-4 (A-10201 AND A-10202). ALL NEW STATIONS
SHALL BE REFERENCED AND MONUMENTED, INCLUDING SUB-SURFACE MARKS WHERE
PRACTICABLE, AND DESCRIBED IN ACCORDANCE WITH STANDARD PRACTICE.
2.1.1.2 SECONDARY HORIZONTAL CONTROL. STATIONS TO BE USED TO CONTROL
HYDROGRAPHY AND AIDS TO NAVIGATION, SUCH AS LIGHTHOUSES, TANKS, ETC.,
SHALL BE OBSERVED IN ACCORDANCE WITH THIRD-ORDER STANDARDS.
ALL BUOYS SHOULD BE POSITIONED BY AT LEAST THREE CUTS FROM THE MAIN,
OR SECONDARY, CONTROL STATIONS.
TANGENTS SHALL BE OBSERVED TO ALL CLEARLY DEFINED POINTS ON SHORELINE
AND REEF, WITH PROPER DESCRIPTION AS TO DEBRIS, HIGH WATER LINE,
VEGETATION LINE, OR OTHER DESCRIPTIVE FEATURE.
2.1.1.3 PHOTOGRAMMETRIC CONTROL. THE LOCATION OF ALL CONTROL
STATIONS ESTABLISHED OR RECOVERED SHALL BE PHOTO-IDENTIFIED ON AERIAL
PHOTOGRAPHS. THESE CONTROL STATIONS ARE THE BASIS UPON WHICH THE FINAL
SHORELINE COMPILATIONS ARE MADE, AND IT IS IMPERATIVE THAT THEY BE
PHOTO-IDENTIFIED IN TH FIELD.
2.1.2 HYDROGRAPHY
2.1.2.1 POSITION CONTROL. IF ELECTRONIC SURVEYING SYSTEMS ARE NOT
AVAILABLE CONTROL FOR HYDROGRAPHIC DEVELOPMENT WILL BE BY THREE-POINT
SEXTANT FIX OR FROM AZIMUTH INSTRUMENT BEARINGS FRO SHORE STATIONS. THE
PROBABLE ERROR FOR EACH FIX USED FOR CONTROL OF SOUNDING LINES SHALL NOT
EXCEE 15 METERS AND NO LINE SHALL BE ACCEPTED THAT HAS MORE THAN TWO
CONSECUTIVELY REJECTED FIXES.
2.1.2.2 SOUNDINGS. SOUNDINGS SHALL BE OBTAINED BY CONTINUOUS
RECORDING ECHO-SOUNDING EQUIPMENT. DEPTH CHECKS SHALL BE TAKEN AT LEAST
TWO TIMES DURING EACH DAY'S OPERATION TO VERIFY ACCURACY OF AL SONAR
DEPTH SOUNDINGS. EACH DEPTH CHECK SHALL CONSIST OF A SERIES OF READINGS
AT 3-METER OR 10-FOO INTERVALS TO THE MAXIMUM PRACTICAL DEPTH
OBTAINABLE, NOT TO EXCEED THE MAXIMUM EXPECTED SOUNDING DEPTH FOR THAT
DAY. THE RESULTS OF THESE COMPARISONS WILL BE ENTERED IN THE SOUNDING
JOURNALS.
CORRECTIONS FOR TRANSDUCER DEPTH, ZERO SETTING, CURRENT FREQUENCY
FLUCTUATION, AND TIDE SHALL BE ENTERED IN THE SOUNDING JOURNAL.
SOUNDING LINES SHALL HAVE A MINIMUM SPACING OF 6 MILLIMETERS AT THE
SCALE OF DEVELOPMENT, EXCEPT WHERE DEPTH AND CHARACTER OF THE BOTTOM
WILL PERMIT WIDER SPACING. STANDARD SCALES WILL BE USED (SP-4,
B-20303). NORMALLY, FIX INTERVAL AND SOUNDING INTERVAL WILL BE AS
FOLLOWS; HOWEVER, FIX INTERVALS SHOULD NOT EXCEED 2 TO 4 CENTIMETERS
AND THE SOUNDING INTERVAL SHOULD NOT EXCEED THE LINE SPACING:
SCALE OF DEVELOPMENT FIX INTERVAL SOUNDING INTERVAL
1:10,000 1 MIN 15 SEC
1:25,000 3 MIN 30 SEC
1:40,000 5 MIN 1 MIN
CROSS CHECK LINES SHALL BE RUN NORMAL TO THE DIRECTION OF THE REGULAR
SOUNDING LINES AND AT INTERVALS NO GREATER THAN 7.5 CENTIMETERS AT THE
SCALE OF DEVELOPMENT. AGREEMENT AT INTERSECTIONS OF CHECK SOUNDINGS AND
REGULAR SOUNDINGS SHALL BE WITHIN (PLUS MINUS) 0.5 METERS FROM 0 TO 21
METERS, (PLUS MINUS) METER FROM 21 TO 100 METERS, AND (PLUS MINUS) 1%
FOR ALL DEPTHS GREATER THAN 100 METERS. ANY LINE WHICH DOES NOT MEET
THE ABOVE CRITERIA SHALL BE RESOUNDED.
ON COMPLETION OF AREA DEVELOPMENT, A RECOMMENDED CHANNEL WILL BE
SELECTED AND A MINIMUM OF FOUR SOUNDING LINES SHALL BE RUN ALONG ITS
ENTIRE LENGTH.
2.1.2.3 SURVEY OF PIERS. HAND LEAD SOUNDINGS SHALL BE TAKEN EVERY 6
METERS ALONG THE FACE OF PIERS, USING TAPED DISTANCES. ADDITIONAL LINES
OF SOUNDINGS SHALL BE RUN PARALLEL TO THE PIERS AT DISTANCES OF 6, 12,
AND 18 METERS. PIER DIMENSIONS AND THE AZIMUTH OF THE AXIS OF PIERS
SHALL BE CAREFULLY MEASURED.
2.1.2.4 SHOAL INVESTIGATIONS. THE AREA WHERE A SHOAL IS FOUND OR
WHERE THE EXISTENCE OF A SHOAL IS SUSPECTED SHALL BE SOUNDED BY A SERIES
OF CLOSELY SPACED LINES UNTIL IT IS CERTAIN THAT THE LEAS DEPTH HAS BEEN
FOUND AND ACCURATELY POSITIONED.
2.1.3 TIDE OBSERVATION. IF A PERMANENT TIDE GAGE IS NOT LOCATED IN
THE VICINITY, A PORTABLE TID GAGE SHALL BE ESTABLISHED AND MAINTAINED
THROUGHOUT THE SURVEY PERIOD (AT LEAST 29 DAYS). ALL SOUNDINGS SHALL BE
REFERENCED TO THE SAME TIDAL DATUM AS THAT OF THE LARGEST SCALE CHART IN
THE AREA.
A TIDE STAFF SHOULD BE ESTABLISHED WITH ANY PORTABLE GAGE AND TIED TO
TWO OR MORE BENCH MARKS BY DIFFERENTIAL LEVELING. ALL LEVELING SHALL BE
IN ACCORDANCE WITH STANDARDS FOR THIRD-ORDER ACCURACY (SP-4, A-10303),
AND LEVEL LINES SHALL BE DOUBLE RUN OR CLOSED LOOPS.
2.1.4 BOTTOM SAMPLES. BOTTOM SAMPLES SHALL BE OBTAINED AT 7.5
CENTIMETER-SQUARE INTERVALS AT TH SCALE OF DEVELOPMENT TO A DEPTH OF 31
METERS. THE BOTTOM SAMPLE DATA RECORDS MUST BE CORRELATED BY FIX NUMBER
ON THE BOAT SHEET AND IN THE SOUNDING JOURNAL, AND MUST IDENTIFY THE
TYPE OF SEDIMENT.
2.1.5 CURRENT OBSERVATIONS. CURRENT OBSERVATIONS SHALL BE MADE IN
THE SHIP CHANNELS AND IN OTHE AREAS INDICATED IN THE SURVEY
SPECIFICATIONS. FOR EACH CURRENT STATION, AT LEAST 48 HOURS OF
CONTINUOUS OBSERVATIONS ARE TO BE MADE DURING THE PERIODS OF SPRING AND
NEAP TIDES. PREFERABLY, TH CURRENT METER SHALL BE SUBMERGED TO ONE-HALF
THE DRAFT OF THE LARGEST SHIP ENTERING THE HARBOR.
2.1.6 AIDS AND DANGERS TO NAVIGATION. DANGERS DISCOVERED DURING THE
SURVEY SHALL BE REPORTED BY MESSAGE TO THE U.S. NAVAL OCEANOGRAPHIC
OFFICE, WASHINGTON, D.C.
2.1.6.1 SAILING DIRECTIONS. COMPLETE NEW SAILING DIRECTIONS FOR
HARBOR AND APPROACHES SHALL BE WRITTEN. EXISTING SAILING DIRECTIONS FOR
THE SURVEY AREA SHOULD BE USED AS A GUIDE IN PREPARING TH NEW
DIRECTIONS. PHOTOGRAPHS OF COASTS, HARBOR APPROACHES (INCLUDING PORT
PANORAMAS), LANDMARKS, AN NAVIGATIONAL FEATURES AND AIDS WILL BE TAKEN
TO FULFILL REQUIREMENTS FOR THE SAILING DIRECTIONS.
3. DATA REDUCTION REPORTS
3.1 DATA REDUCTION. RECORDS OF ALL SURVEY AND OBSERVATIONAL DATA
OBTAINED SHALL BE PROCESSED AS RAPIDLY AS POSSIBLE AND TO THE FULLEST
DEGREE PRACTICABLE WITH THE OBJECT OF IDENTIFYING, ON THE SCENE, ANY
WORK THAT MUST BE REPEATED BECAUSE OF FAILURE TO MEET DESIRED STANDARDS.
(ANNEX A TABLE OMITTED)
MOROCCO 28 JUN 1974 FLITE DOCUMENT NO. 7502451
CREDIT AGREEMENT
PURCHASE ARRANGEMENTS BETWEEN THE GOVERNMENT OF MOROCCO AND THE
UNITED STATES OF AMERICA FOR THE PURCHASE OF DEFENSE ARTICLES AND
SERVICES
CREDIT AGREEMENT, MADE AND ENTERED INTO THE 28TH DAY OF JUNE, 1974,
BETWEEN THE GOVERNMENT OF THE KINGDOM OF MOROCCO, REPRESENTED BY ITS
MINISTRY OF FINANCE, AND THE GOVERNMENT OF THE UNITED STATES OF AMERICA,
REPRESENTED BY THE DEPARTMENT OF DEFENSE OF THE UNITED STATES OF
AMERICA.
WITNESSETH
WHEREAS, THE GOVERNMENT OF THE KINGDOM OF MOROCCO (HEREINAFTER
SOMETIMES REFERRED TO AS THE "BORROWER") DESIRES TO ENTER INTO PURCHASE
CONTRACTS (HEREINAFTER REFERRED TO AS "PURCHASE ARRANGEMENTS") WITH THE
MILITARY DEPARTMENTS AND AGENCIES OF THE UNITED STATES DEPARTMENT OF
DEFENS (HEREINAFTER REFERRED TO AS "DOD") AND/OR VARIOUS UNITED STATES
COMMERCIAL SUPPLIERS FOR THE PURCHASE OF DEFENSE ARTICLES AND SERVICES
OF UNITED STATES ORIGIN (HEREINAFTER COLLECTIVELY REFERRE TO AS "DEFENSE
ITEMS"); AND
WHEREAS, THE BORROWER HAS REQUESTED THE GOVERNMENT OF THE UNITED
STATES OF AMERICA (HEREINAFTER SOMETIMES REFERRED TO AS THE "LENDER") TO
FINANCE PAYMENTS REQUIRED TO BE MADE BY THE BORROWER UNDE THE PURCHASE
ARRANGEMENTS; AND
WHEREAS, THE AFORESAID REQUESTED CREDIT WILL FACILITATE THE PURPOSES
OF THE UNITED STATES FOREIGN MILITARY SALES ACT, AS AMENDED;
NOW THEREFORE, IN CONSIDERATION OF THE PREMISE AND THE MUTUAL
COVENANTS HEREINAFTER SET FORTH, AN IN IMPLEMENTATION OF, AND SUBJECT TO
THE PROVISIONS OF THE MUTUAL DEFENSE ASSISTANCE AGREEMENT BETWEEN THE
GOVERNMENT OF THE KINGDOM OF MOROCCO AND THE GOVERNMENT OF THE UNITED
STATES OF AMERICA DATED 29 JUNE 1960, THE PARTIES HERETO AGREE AS
FOLLOWS:
1. SUBJECT TO THE TERMS AND CONDITIONS HEREOF, THE LENDER AGREES TO
MAKE LOANS TO THE BORROWER FROM TIME TO TIME IN AN AGGREGATE PRINCIPAL
AMOUNT UP TO BUT NOT EXCEEDING $3 MILLION (HEREINAFTER CALLED THE
"COMMITMENT").
2. THE AFORESAID COMMITMENT SHALL BE AVAILABLE ONLY TO FINANCE THE
PURCHASE OF DEFENSE ITEMS BY THE BORROWER PURSUANT TO PURCHASE
ARRANGEMENTS AUTHORIZED FOR SUCH FINANCING BY DOD WHICH ARE ENTERED INTO
BY THE BORROWER ON OR BEFORE 30 JUNE, 1975. EACH AUTHORIZATION FOR THE
BORROWER TO ENTER INTO A PURCHASE ARRANGEMENT IN IMPLEMENTATION OF THIS
CREDIT AGREEMENT SHALL BE SEPARATELY COMMUNICATED BY DOD IN WRITING TO
THE BORROWER, WHICH AUTHORIZATION SHALL SPECIFY THE DEFENSE ITEMS AND
THE AMOUNT OF CREDIT AUTHORIZED FOR THE PURCHASE ARRANGEMENT. THE
BORROWER SHALL INCORPORATE INTO EACH SUCH PURCHASE ARRANGEMENT WITH
COMMERCIAL SUPPLIERS THE PROVISIONS OF ANNEX A HERETO AND ATTACH AS AN
EXHIBIT TO THE PURCHASE ARRANGEMENT A TRUE COPY OF THE APPLICABLE
AFORESAID AUTHORIZATION AND OF PARAGRAPH 9 OF THIS CREDIT AGREEMENT.
3. EACH LOAN HEREUNDER BY THE LENDER SHALL BE MADE IN ACCORDANCE
WITH THE FOLLOWING PROCEDURES:
(A) EACH LOAN SHALL BE MADE ON SUCH DATE (HEREINAFTER REFERRED TO AS
A "DISBURSEMENT DATE") AS MAY BE DESIGNATED BY THE BORROWER FROM TIME TO
TIME UPON TEN (10) DAYS WRITTEN NOTICE BY THE BORROWER TO THE LENDER.
(B) EACH NOTICE SHALL SPECIFY THE AMOUNT OF THE LOAN TO BE MADE BY
THE LENDER ON THE DISBURSEMEN DATE, AND SHALL SPECIFY THE SUPPLIER OR
SUPPLIERS (INCLUDING THE MILITARY DEPARTMENTS OR AGENCIES O DOD) TO WHOM
THE DISBURSEMENT IS TO BE REMITTED BY THE LENDER.
(C) EACH NOTICE SHALL BE PREPARED IN QUADRUPLICATE ON U.S. STANDARD
FORM 1034 AND SHALL BE SENT TO THE COMPTROLLER, DEFENSE SECURITY
ASSISTANCE AGENCY, THE PENTAGON, WASHINGTON, D.C. 20301.
(D) IN THE CASE OF DISBURSEMENTS REQUESTED TO BE MADE TO COMMERCIAL
SUPPLIERS, THE INVOICES SHAL BE PREPARED IN ACCORDANCE WITH THE
PROCEDURE SET FORTH IN ANNEX A HERETO.
(E) IN THE CASE OF DISBURSEMENTS REQUESTED TO BE MADE TO THE MILITARY
DEPARTMENTS AND AGENCIES O DOD, THE NOTICES SHALL HAVE ANNEXED THERETO
COPIES OF THE PAYMENT REQUEST RECEIVED BY THE BORROWER FROM SUCH
MILITARY DEPARTMENT OR AGENCY AGAINST WHICH DISBURSEMENT IS REQUESTED.
(F) WITH EACH NOTICE, THE BORROWER SHALL CONCURRENTLY TRANSMIT TO THE
LENDER AT THE ADDRESS SET FORTH IN SUBPARAGRAPH (C) ABOVE OF THIS
PARAGRAPH A PROMISSORY NOTE SUBSTANTIALLY IN THE FORM OF ANNEX B HERETO
(WITH THE BLANKS APPROPRIATELY FILLED IN) RECITING THE OBLIGATION OF THE
BORROWER TO REPAY THE AMOUNT OF SUCH LOAN WITH INTEREST THEREON AS
HEREINAFTER SET FORTH. (THE PROMISSORY NOTE HEREINABOVE REFERRED TO ARE
HEREINAFTER CALLED THE "NOTES" AND INDIVIDUALLY A "NOTE").
4.(A) ALL OCEAN TRANSPORTATION OF THE DEFENSE ARTICLES SHALL BE ON
VESSELS OF UNITED STATES REGISTRY. THE GOVERNMENT OF THE UNITED STATES
WILL GIVE SYMPATHETIC CONSIDERATION ON A CASE-BY-CAS BASIS TO REQUESTS
BY THE BORROWER JUSTIFYING SHIPMENT ON VESSELS OF THE REGISTRY OF THE
BORROWER. CONSIDERATION WILL BE GIVEN TO SECURITY REQUIREMENTS OF THE
BORROWER TO ASSURE SAFE ARRIVAL.
(B) THE BORROWER OR ITS COMMERCIAL SUPPLIERS SHALL BE RESPONSIBLE FOR
OBTAINING SUCH EXPORT LICENSES AS MAY BE NECESSARY FOR DEFENSE ITEMS
FINANCED HEREUNDER.
5. THIS AGREEMENT EVIDENCES THE LEGAL AND BINDING OBLIGATION OF THE
BORROWER TO MAKE REPAYMENTS TO THE LENDER FOR DISBURSEMENTS MADE BY THE
LENDER IN ACCORDANCE WITH THE TERMS HEREOF. THE LENDER MAY SELL OR
ASSIGN, IN WHOLE OR IN PART, ITS RIGHTS TO SAID REPAYMENTS AND MAY, WITH
RESPECT TO SUC SALE OR ASSIGNMENT, GUARANTEE PAYMENT OF THE SAME.
6.(A) THE BORROWER SHALL REPAY THE DISBURSEMENTS MADE BY THE LENDER
IN ACCORDANCE WITH THE PRINCIPAL REPAYMENT SCHEDULE SET FORTH IN ANNEX C
HERETO, AND SHALL PAY INTEREST SEMIANNUALLY ON TH FIRST OF JANUARY AND
THE FIRST OF JULY COMMENCING 1 JANUARY 1975, AT THE RATE OF SEVEN AND
SEVEN EIGHTS PERCENT (7 7/8%) PER ANNUM, USING A 365 DAY FACTOR, ON THE
AMOUNT BY WHICH FROM TIME TO TIME CUMULATIVE DISBURSEMENTS EXCEED
CUMULATIVE REPAYMENTS OF PRINCIPAL.
(B) IF ON ANY INSTALLMENT REPAYMENT DATE SET FORTH IN THE PRINCIPAL
REPAYMENT SCHEDULE THE BORROWER SHALL NOT HAVE AVAILED ITSELF OF THE
COMMITMENT OF THE LENDER IN AN AGGREGATE AMOUNT (LESS REPAYMENTS
PREVIOUSLY MADE) EQUAL TO THE AGGREGATE INSTALLMENT OF PRINCIPAL WHICH
IS REPAYABLE ON SUCH DATE TO THE LENDER, THE BORROWER SHALL, ON SUCH
INSTALLMENT DATE, REPAY TO THE LENDER THE FULL AMOUNT (LESS REPAYMENTS
PREVIOUSLY MADE) TO WHICH IT HAS AVAILED ITSELF OF THE COMMITMENT OF THE
LENDER TO SUCH DATE, TOGETHER WITH THE INTEREST ACCRUED THEREON. IF AT
ANY TIME THEREAFTER THE BORROWER SHALL AVAIL ITSELF OF THE COMMITMENT OF
THE LENDER IN AN AMOUNT WHICH WOULD HAVE BEEN PAYABLE ON A PRIOR
INSTALLMENT REPAYMENT DATE BUT FOR THE PROVISIONS OF THE IMMEDIATELY
PRECEDING SENTENCE, SUCH AMOUNT, TOGETHER WITH THE INTEREST ACCRUED
THEREON, SHALL BE REPAYABLE ON THE NEXT SUCCEEDING INSTALLMENT DATE OF
THE PRINCIPAL REPAYMENT SCHEDULE OCCURRING AFTER THE DISBURSEMENT OF
SUCH AMOUNT AND THE SAID AGGREGATE INSTALLMENT OF PRINCIPAL REPAYABLE
UNDER THE PRINCIPAL REPAYMENT SCHEDULE TO THE LENDER ON THAT DATE SHALL
BE INCREASED BY SUCH AMOUNT.
(C) IF BY THE DATE SPECIFIED IN PARAGRAPH 2 ABOVE, THE BORROWER SHALL
NOT HAVE ENTERED INTO AUTHORIZED PURCHASE ARRANGEMENTS IN AN AGGREGATE
AMOUNT EQUAL TO THE ENTIRE AMOUNT OF THE COMMITMENT, THE INSTALLMENTS OF
PRINCIPAL REPAYABLE TO THE LENDER SET FORTH IN THE PRINCIPAL REPAYMENT
SCHEDULE SHALL BE REDUCED IN THE INVERSE ORDER OF THE MATURITY THEREOF
TO THE EXTENT OF THE UNUSED BALANCE OF THE COMMITMENT.
(D) WHENEVER ANY REPAYMENT TO BE MADE BY THE BORROWER SHALL BE DUE ON
A SATURDAY, SUNDAY, OR PUBLIC HOLIDAY UNDER THE LAWS OF THE LENDER, SUCH
REPAYMENT MAY BE MADE ON THE NEXT SUCCEEDING BUSINESS DAY, AND SUCH
EXTENSION OF TIME SHALL IN SUCH CASE BE INCLUDED IN COMPUTING INTEREST
IN CONNECTION WITH SUCH REPAYMENT BUT EXCLUDED FROM THE NEXT INTEREST
PERIOD.
(E) THE BORROWER MAY PREPAY THE CREDIT EXTENDED UNDER THIS AGREEMENT
IN PART OR IN FULL ON ANY INTEREST PAYMENT DATE WITHOUT PENALTY OR
PREMIUM, BUT SUCH PREPAYMENT MUST BE ACCOMPANIED BY PAYMEN OF INTEREST
ON THE AMOUNT PREPAID TO THE DATE OF PREPAYMENT AND MUST BE APPLIED TO
THE SATISFACTION OF INSTALLMENTS OF PRINCIPAL REPAYMENTS IN THE INVERSE
ORDER OF THEIR MATURITIES.
(F) ALL REPAYMENTS BY THE BORROWER ON ACCOUNT OF PRINCIPAL OR
INTEREST SHALL BE IN LAWFUL MONEY OF THE UNITED STATES OF AMERICA AND IN
IMMEDIATELY AVAILABLE FUNDS, FREE AND CLEAR OF, AND WITHOUT DEDUCTION
FOR, ANY AND ALL TAXES, LEVIES, IMPOSTS, DEDUCTIONS AND WITHHOLDINGS
WHATSOEVER IMPOSED, LEVIED, COLLECTED OR ASSESSED WITH RESPECT THERETO
BY ANY CENTRAL OR LOCAL AUTHORITY OF THE KINGDOM OF MOROCCO.
7.(A) THE NOTES SHALL BE FURTHER EVIDENCE OF THE OBLIGATION OF THE
BORROWER TO REPAY THE LOANS MADE HEREUNDER. EACH NOTE SHALL BE DATED
THE PARTICULAR DISBURSEMENT DATE OF THE LOAN WHICH SUCH NOTE EVIDENCES,
SHALL BE PAYABLE TO THE ORDER OF THE GOVERNMENT OF THE UNITED STATES IN
THE PRINCIPAL AMOUNT OF SUCH DISBURSEMENT, AND SHALL BEAR INTEREST ON
THE UNPAID PRINCIPAL AMOUNT THEREOF AS PROVIDED IN PARAGRAPH 6(A).
(B) THE NOTES SHALL BE COMPLETED BY THE BORROWER IN SUCH A MANNER
THAT REPAYMENT OF SUCH LOANS SHALL BE MADE IN THE ORDER OF THEIR
DISBURSEMENT, UTILIZING THE PRINCIPAL REPAYMENT SCHEDULE SET FORTH IN
ANNEX C (AS THE SAME MAY BE ADJUSTED IN ACCORDANCE WITH PARAGRAPHS 6(B)
AND (C) HEREOF), AND, IN DETERMINING WHETHER A PARTICULAR LOAN IS
REPAYABLE IN ONE OR MORE INSTALLMENTS, UTILIZING A PARTICULAR
INSTALLMENT PAYMENT DATE ONLY AFTER THE FULL UTILIZATION OF THE NEXT
PRECEDING INSTALLMENT DATE.
(C) EACH NOTE SHALL BE SIGNED ON BEHALF OF THE BORROWER BY A
REPRESENTATIVE OF THE MINISTRY OF FINANCE.
8.(A) THE BORROWER REPRESENTS AND WARRANTS THAT THE MAKING AND
PERFORMANCE OF THIS AGREEMENT HAV BEEN DULY AUTHORIZED IN ACCORDANCE
WITH THE LAWS OF THE KINGDOM OF MOROCCO AND SHALL FURNISH TO THE LENDER
UPON REQUEST EVIDENCE, SATISFACTORY TO THE LENDER, OF THE AUTHORITY OF
THE PERSON OR PERSONS WHO HAVE SIGNED THIS AGREEMENT ON BEHALF OF THE
BORROWER AND OF THE PERSON OR PERSONS WHO WILL SIGN THE NOTES PROVIDED
FOR HEREIN ON BEHALF OF THE BORROWER, TOGETHER WITH THE AUTHENTICATED
SPECIMEN SIGNATURE, IN DUPLICATE, OF EACH OF THE LATTER.
(B) THIS AGREEMENT SHALL INURE TO THE BENEFIT OF THE HOLDERS OF THE
NOTES, THEIR RESPECTIVE SUCCESSORS AND ASSIGNS. THIS AGREEMENT AND THE
NOTES SHALL BE DEEMED TO BE CONTRACTS UNDER THE LAW OF THE DISTRICT OF
COLUMBIA AND FOR ALL PURPOSES SHALL BE CONSTRUED IN ACCORDANCE WITH SAID
LAW. THE BORROWER AGREES THAT JURISDICTION MAY BE TAKEN BY COURTS IN
THE DISTRICT OF COLUMBIA WITH RESPECT TO MATTERS INVOLVING ANY NOTE,
PROVIDED SUCH NOTE IS HELD BY AN INDIVIDUAL, PARTNERSHIP, CORPORATION,
OR OTHER PRIVATE LEGAL ENTITY.
(C) THE BORROWER SHALL IN ALL CASES PAY WHEN AND AS DUE THE PRINCIPAL
OF AND INTEREST ON ALL NOTES ISSUED HEREUNDER, NOTWITHSTANDING ANY
CLAIMS WHICH THE BORROWER MAY NOW OR HEREAFTER HAVE AGAINST ANY SUPPLIER
OF THE DEFENSE ITEMS, DOD, THE LENDER, OR ANY OTHER PERSON OR ENTITY IN
CONNECTION WITH ANY OTHER TRANSACTION, FOR ANY REASON WHATSOEVER.
9. UPON THE OCCURRENCE OF ANY OF THE FOLLOWING EVENTS OF DEFAULT:
(A) IF THE BORROWER FAILS FOR A PERIOD OF TEN (10) DAYS TO MAKE ANY
PAYMENT OF PRINCIPAL OF, OR INTEREST ON, ANY NOTE WHEN DUE;
(B) IF ANY REPRESENTATION OR WARRANTY MADE BY THE BORROWER HEREIN OR
ANY CERTIFICATE FURNISHED B THE BORROWER PURSUANT HERETO PROVES TO BE AT
ANY TIME INCORRECT IN ANY MATERIAL RESPECT; OR
(C) IF THE BORROWER DEFAULTS IN THE PERFORMANCE OF ANY OTHER TERM,
COVENANT OR UNDERTAKING CONTAINED IN THIS CREDIT AGREEMENT, AND SUCH
DEFAULT SHALL CONTINUE UNREMEDIED FOR 30 DAYS AFTER WRITTEN NOTIFICATION
THEREOF SHALL HAVE BEEN GIVEN TO THE BORROWER BY THE LENDER;
THEN, AND IN ANY SUCH EVENT, THE HOLDER OF ANY NOTE MAY DECLARE
IMMEDIATELY DUE AND PAYABLE THE UNPAID PRINCIPAL OF, AND ACCRUED
INTEREST ON, ANY OR ALL NOTES HELD BY SUCH HOLDER AND SUCH AMOUNTS SHALL
BECOME IMMEDIATELY DUE AND PAYABLE WITHOUT PROTEST, PRESENTMENT, NOTICE
OR OTHER DEMAND OF AN KIND, ALL OF WHICH ARE HEREBY EXPRESSLY WAIVED BY
THE BORROWER, AND THE LENDER MAY TERMINATE ITS COMMITMENT HEREUNDER.
10. ALL COMMUNICATIONS AND OTHER DOCUMENTS REQUIRED OR PERMITTED
HEREUNDER, UNLESS SUBMITTED IN THE ENGLISH LANGUAGE, SHALL BE
ACCOMPANIED BY ONE ENGLISH TRANSLATION FOR EACH COPY OF SUCH DOCUMENTS
TO BE FURNISHED AND, IN THE EVENT OF CONFLICT, THE ENGLISH VERSION SHALL
GOVERN. EXCEPT AS OTHERWISE PROVIDED HEREIN, ALL NOTICES, REQUESTS OR
DEMANDS HEREUNDER SHALL BE DEEMED TO HAVE BEEN GIVEN OR MADE UPON THE
MAILING OF THE SAME, POSTAGE PREPAID, OR IN THE CASE OF TELEGRAPHIC
NOTICE, ON DELIVERY TO THE TELEGRAPHIC COMPANY, ADDRESSED IN THE CASE OF
THE BORROWER, TO THE EMBASSY OF MOROCCO AND IN THE CASE OF THE LENDER TO
THE DIRECTOR, DEFENSE SECURITY ASSISTANCE AGENCY, THE PENTAGON,
WASHINGTON, D.C. 20301.
11. THIS AGREEMENT MAY BE EXECUTED IN ANY NUMBER OF COUNTERPARTS AND
BY THE PARTIES HERETO ON SEPARATE COUNTERPARTS, EACH OF WHICH SHALL BE
DEEMED AN ORIGINAL BUT ALL SUCH COUNTERPARTS TO CONSTITUTE ONE AND THE
SAME INSTRUMENT.
12. ANNEXES A THROUGH C ATTACHED HERETO ARE, BY THIS REFERENCE, MADE
A PART OF THIS AGREEMENT.
IN WITNESS WHEREOF, THE PARTIES HERETO HAVE DULY EXECUTED THIS
AGREEMENT THE 20TH DAY OF JUNE 1974.
GOVERNMENT OF THE KINGDOM OF MOROCCO
SIGNED
BY BADREDDINE SENOUSSI
AMBASSADOR OF HIS MAJESTY THE KING OF MOROCCO
GOVERNMENT OF THE UNITED STATES OF AMERICA
SIGNED
BY RAY PEET
DIRECTOR DSAA
ANNEX A AND A2
PAYMENT PROCEDURES
THE FOLLOWING PROCEDURES AND CONDITIONS SHALL BE ADHERED TO PRIOR TO
EACH DISBURSEMENT TO BE MADE BY THE GOVERNMENT OF THE UNITED STATES FOR
THE ACCOUNT OF THE GOVERNMENT OF MOROCCO.
1. THE SUPPLIER SHALL PREPARE AND SUBMIT TO THE DESIGNATED
REPRESENTATIVES OF THE GOVERNMENT OF MOROCCO IN WASHINGTON, D.C.
INVOICES ON U.S. STANDARD FORM 1034 IN SUFFICIENT NUMBER OF COPIES TO
PERMIT THE FORWARDING OF FOUR COPIES TO THE DISBURSING OFFICER
DESIGNATED IN PARAGRAPH 5 BELOW.
2. THE SUPPLIER SHALL INSURE THAT EACH INVOICE IS IN ACCORDANCE WITH
RELEVANT PROVISIONS OF ITS PURCHASE ARRANGEMENT WITH THE GOVERNMENT OF
MOROCCO.
3. THE SUPPLIER SHALL ATTACH TO EACH INVOICE A STATEMENT THAT
AUTHORIZED REPRESENTATIVES OF THE GOVERNMENT OF THE UNITED STATES SHALL,
UNTIL THE EXPIRATION OF THREE YEARS AFTER FINAL PAYMENT HEREUNDER, HAVE
ACCESS TO AND THE RIGHT TO EXAMINE ANY DIRECTLY RELATED PERTINENT BOOKS,
DOCUMENTS, PAPERS AND RECORDS OF THE SUPPLIER INVOLVING TRANSACTIONS
RELATING TO THE AFORESAID PURCHASE ARRANGEMENT.
4. TO THE EXTENT THAT ANY INVOICE REQUESTS PAYMENT OF ADVANCES, AS
DISTINGUISHED FROM PAYMENT FO DELIVERY OF DEFENSE ITEMS OR REIMBURSEMENT
IN THE FORM OF PROGRESS PAYMENTS FOR WORK OR SERVICES PERFORMED, THE
SUPPLIER SHALL ATTACH TO THE INVOICE A STATEMENT SETTING FORTH THE
UNDERTAKING OF TH SUPPLIER THAT THE FULL AMOUNT OF THE ADVANCE WILL BE
MAINTAINED BY THE SUPPLIER IN A SEGREGATED ACCOUNT WHICH WILL BE APPLIED
SOLELY TO THE PERFORMANCE OF THE SUPPLIER'S OBLIGATIONS UNDER THE
PURCHASE ARRANGEMENT.
5. THE DESIGNATED REPRESENTATIVE OF THE GOVERNMENT OF MOROCCO IN
WASHINGTON, D.C. SHALL FORWARD SUCH INVOICES TO THE COMPTROLLER, DEFENSE
SECURITY ASSISTANCE AGENCY, THE PENTAGON, WASHINGTON, D.C 20301.
6. EACH INVOICE SHALL BE ACCOMPANIED BY A CERTIFICATION OF THE
GOVERNMENT OF MOROCCO AS FOLLOWS:
"THE GOVERNMENT OF MOROCCO CONFIRMS (THAT THE DEFENSE ITEMS SET FORTH
HEREIN HAVE BEEN SATISFACTORILY RECEIVED BY OR FOR THE GOVERNMENT OF
MOROCCO) (THAT THE WORK OR SERVICES FOR WHICH PROGRESS PAYMENTS ARE
REQUESTED HAVE BEEN SATISFACTORILY RENDERED) (THAT PAYMENT IS OTHERWISE
DUE) UNDER ITS PURCHASE ARRANGEMENT OF __________ FOR THE PURCHASE OF
DEFENSE ITEMS FROM SUPPLIER, AND CERTIFIES THAT THE BILL IS CORRECT AND
JUST AND THAT PAYMENT THEREFOR HAS NOT BEEN MADE. PAYMENT O THIS
INVOICE IS REQUESTED BY THE MINISTRY OF DEFENSE OF THE GOVERNMENT OF
MOROCCO PURSUANT TO THE TERMS OF THE CREDIT AGREEMENT OF __________
BETWEEN THE MINISTRY OF FINANCE OF THE GOVERNMENT OF MOROCCO AND THE
GOVERNMENT OF THE UNITED STATES OF AMERICA. THE GOVERNMENT OF MOROCCO
CONFIRMS THA SAID PURCHASE ARRANGEMENT IS ONE OF THE PURCHASE
ARRANGEMENTS AUTHORIZED BY THE DEPARTMENT OF DEFENSE OF THE UNITED
STATES OF AMERICA PURSUANT TO THE AFORESAID CREDIT AGREEMENT OF
__________ AN FURTHER CONFIRMS THAT THE CUMULATIVE TOTAL OF THIS INVOICE
AND INVOICES PREVIOUSLY PAID BY THE GOVERNMENT OF THE UNITED STATES
AGAINST SAID PURCHASE ARRANGEMENT DOES NOT EXCEED THE AGGREGATE CREDIT
CEILING ESTABLISHED BY THE GOVERNMENT OF THE UNITED STATES FOR THE SAID
PURCHASE ARRANGEMENT
GOVERNMENT OF MOROCCO
SIGNED
BY BADREDDINE SENOUSSI
AMBASSADOR OF HIS MAJESTY THE KING OF MOROCCO
ANNEX B AND B2
PROMISSORY NOTE
U.S. $__________, WASHINGTON, D.C.
FOR VALUE RECEIVED, THE UNDERSIGNED, THE GOVERNMENT OF THE KINGDOM OF
MOROCCO (HEREIN CALLED "MOROCCO"), HEREBY PROMISES TO PAY TO THE ORDER
OF THE GOVERNMENT OF THE UNITED STATES OF AMERICA (HEREIN CALLED "UNITED
STATES") THE PRINCIPAL SUM OF __________ UNITED STATES DOLLARS (U.S.
$__________) AS FOLLOWS:
TOGETHER WITH INTEREST ON ANY AND ALL AMOUNTS REMAINING UNPAID
HEREUNDER FROM TIME TO TIME FROM THE DATE HEREOF UNTIL THIS NOTE SHALL
BE PAID IN FULL, PAYABLE SEMIANNUALLY ON 1 JANUARY AND 1 JULY OF EACH
YEAR FROM DATE HEREOF AT THE RATE OF _____ PER CENT PER ANNUM (_____%)
USING A 365 DAY FACTOR, BOTH PRINCIPAL AND INTEREST TO BE PAYABLE IN
LAWFUL MONEY OF THE UNITED STATES OF AMERICA A THE U.S. ARMY FINANCE
COMPTROLLER INFORMATION SYSTEMS COMMAND, ATTN: MILITARY
ASSISTANCE/SALES ACCOUNTING DIVISION, 1000 INDEPENDENCE AVENUE, S.W.,
WASHINGTON, D.C. 20314. ALL PAYMENTS MADE ON ACCOUNT OF THE PRINCIPAL
AMOUNT REMAINING UNPAID HEREUNDER SHALL BE ENDORSED BY THE HOLDER ON THE
REVERSE SIDE OF THIS NOTE.
WHENEVER ANY PAYMENT TO BE MADE SHALL BE DUE ON A SATURDAY, SUNDAY,
OR A PUBLIC HOLIDAY UNDER THE LAWS OF THE GOVERNMENT OF THE UNITED
STATES, SUCH PAYMENT MAY BE MADE ON THE NEXT SUCCEEDING BUSINESS DAY,
AND SUCH EXTENSION OF TIME SHALL IN SUCH CASE BE INCLUDED IN COMPUTING
INTEREST IN CONNECTION WITH SUCH PAYMENT BUT EXCLUDED FROM THE NEXT
INTEREST PERIOD.
THIS NOTE MAY BE PREPAID ON ANY INTEREST PAYMENT DATE. PREPAYMENTS
SHALL BE APPLIED TO THE INSTALLMENTS HEREOF IN THE REVERSE ORDER OF
THEIR MATURITY. ALL PAYMENTS OF PRINCIPAL AND INTEREST ON THIS NOTE ARE
PAYABLE IN LAWFUL MONEY OF THE UNITED STATES OF AMERICA AND IN
IMMEDIATELY AVAILABLE FUNDS, FREE AND CLEAR OF, AND WITHOUT DEDUCTION
FOR, ANY TAXES, LEVIES, IMPOSTS, DEDUCTIONS, AND WITHHOLDINGS WHATSOEVER
NOW OR HEREAFTER IMPOSED, LEVIED, COLLECTED OR ASSESSED WIT RESPECT
THERETO BY ANY CENTRAL OR LOCAL AUTHORITY OF MOROCCO AND SHALL BE PAID
FREE FROM ALL RESTRICTIONS OF ANY CENTRAL OR LOCAL AUTHORITY OF MOROCCO.
THE GOVERNMENT OF MOROCCO AGREES TO PAY ALL OUT-OF-POCKET COSTS AND
EXPENSES IN CONNECTION WITH COLLECTION AFTER DEFAULT OF THIS NOTE
(INCLUDING THE REASONABLE FEES AND OUT-OF-POCKET EXPENSES OF COUNSEL) AS
WELL AS ALL STAMP AND SIMILAR TAXES, IF ANY, NOW OR HEREAFTER IN EFFECT,
AND TO SAVE TH HOLDER OF THE NOTE HARMLESS FROM ANY AND ALL LIABILITIES
WITH RESPECT TO OR RESULTING FROM ANY DELA OR OMISSION TO PAY SUCH
TAXES.
GOVERNMENT OF MOROCCO
SIGNED
BY BADREDDINE SENOUSSI
AMBASSADOR OF HIS MAJESTY THE KING OF MOROCCO
ANNEX C
PRINCIPAL REPAYMENT SCHEDULE
THE FIRST $150,000 OF DISBURSEMENTS ARE REPAYABLE ON 1 JANUARY 1975
THE NEXT $150,000 OF DISBURSEMENTS ARE REPAYABLE ON 1 JULY 1975
THE NEXT $150,000 OF DISBURSEMENTS ARE REPAYABLE ON 1 JANUARY 1976
THE NEXT $150,000 OF DISBURSEMENTS ARE REPAYABLE ON 1 JULY 1976
THE NEXT $150,000 OF DISBURSEMENTS ARE REPAYABLE ON 1 JANUARY 1977
THE NEXT $150,000 OF DISBURSEMENTS ARE REPAYABLE ON 1 JULY 1977
THE NEXT $150,000 OF DISBURSEMENTS ARE REPAYABLE ON 1 JANUARY 1978
THE NEXT $150,000 OF DISBURSEMENTS ARE REPAYABLE ON 1 JULY 1978
THE NEXT $150,000 OF DISBURSEMENTS ARE REPAYABLE ON 1 JANUARY 1979
THE NEXT $150,000 OF DISBURSEMENTS ARE REPAYABLE ON 1 JULY 1979
THE NEXT $150,000 OF DISBURSEMENTS ARE REPAYABLE ON 1 JANUARY 1980
THE NEXT $150,000 OF DISBURSEMENTS ARE REPAYABLE ON 1 JULY 1980
THE NEXT $150,000 OF DISBURSEMENTS ARE REPAYABLE ON 1 JANUARY 1981
THE NEXT $150,000 OF DISBURSEMENTS ARE REPAYABLE ON 1 JULY 1981
THE NEXT $150,000 OF DISBURSEMENTS ARE REPAYABLE ON 1 JANUARY 1982
THE NEXT $150,000 OF DISBURSEMENTS ARE REPAYABLE ON 1 JULY 1982
THE NEXT $150,000 OF DISBURSEMENTS ARE REPAYABLE ON 1 JANUARY 1983
THE NEXT $150,000 OF DISBURSEMENTS ARE REPAYABLE ON 1 JULY 1983
THE NEXT $150,000 OF DISBURSEMENTS ARE REPAYABLE ON 1 JANUARY 1984
THE LAST $150,000 OF DISBURSEMENTS ARE REPAYABLE ON 1 JULY 1984
MALAYSIA 27 MAY 1974 FLITE DOCUMENT NO. 7502450
CREDIT AGREEMENT
CREDIT AGREEMENT FOR PURCHASE OF DEFENSE ARTICLES AND DEFENSE
SERVICES
INTERIM CREDIT AGREEMENT
MADE AND ENTERED INTO THE 27TH DAY OF MAY 1974, BETWEEN THE
GOVERNMENT OF MALAYSIA, REPRESENTED B ITS EMBASSY IN WASHINGTON, D.C.,
AND THE GOVERNMENT OF THE UNITED STATES OF AMERICA, REPRESENTED BY THE
UNITED STATES DEPARTMENT OF DEFENSE.
WITNESSETH
WHEREAS, THE GOVERNMENT OF MALAYSIA DESIRES TO ENTER, OR HAS ENTERED
INTO PURCHASE CONTRACTS WITH THE MILITARY DEPARTMENTS AND AGENCIES OF
THE UNITED STATES DEPARTMENT OF DEFENSE AND/OR VARIOUS UNITED STATES
COMMERCIAL SUPPLIERS FOR THE PURCHASE OF DEFENSE ARTICLES AND DEFENSE
SERVICES OF UNITED STATES ORIGIN; AND
WHEREAS, THE GOVERNMENT OF MALAYSIA HAS REQUESTED THE GOVERNMENT OF
THE UNITED STATES OF AMERICA TO FINANCE, AND TO ARRANGE FOR PRIVATE
FINANCING OF, PAYMENTS REQUIRED TO BE MADE BY THE GOVERNMENT OF MALAYSIA
UNDER ITS PURCHASE CONTRACTS; AND
WHEREAS, THE AFORESAID REQUESTED FINANCING WILL FACILITATE THE
PURPOSES OF THE UNITED STATES FOREIGN MILITARY SALES ACT, AS AMENDED;
NOW THEREFORE, IN CONSIDERATION OF THE PREMISES AND THE MUTUAL
COVENANTS HEREINAFTER SET FORTH, AND IN IMPLEMENTATION OF, AND SUBJECT
TO THE PROVISIONS OF THE AGREEMENT WHICH WAS EFFECTED BY AN EXCHANGE OF
NOTES DATED JUNE 30 AND JULY 9, 1958 BETWEEN THE GOVERNMENT OF MALAYSIA
AND THE GOVERNMENT OF THE UNITED STATES OF AMERICA, THE PARTIES HERETO
AGREE AS FOLLOWS:
1. SUBJECT TO THE TERMS AND CONDITIONS HEREOF, AND SOLELY FOR THE
AFORESAID PURPOSES, THE GOVERNMENT OF THE UNITED STATES OF AMERICA SHALL
MAKE OR PLACE LOANS TO THE GOVERNMENT OF MALAYSIA FROM TIME TO TIME IN
AN AGGREGATE PRINCIPAL AMOUNT UP TO BUT NOT EXCEEDING US $18,750,000.
2. THE GOVERNMENT OF MALAYSIA SHALL REPAY THE LOANS MADE PURSUANT TO
THIS PRESENT AGREEMENT IN 1 CONSECUTIVE SEMIANNUAL INSTALLMENTS OF US
$1,171,875 EACH, PAYABLE ON 30 JUNE, AND 31 DECEMBER OF EACH YEAR AND
COMMENCING ON 31 DECEMBER 1974, AND SHALL PAY INTEREST SEMIANNUALLY ON
30 JUNE AND 31 DECEMBER OF EACH YEAR, COMMENCING ON 31 DECEMBER 1974, AT
THE RATE OF 7 5/8 (SEVEN AND FIVE EIGHTS PER CENT) PER ANNUM, USING A
365 DAY FACTOR, ON THE AMOUNT BY WHICH FROM TIME TO TIME CUMULATIVE
DISBURSEMENTS EXCEED CUMULATIVE REPAYMENTS OF PRINCIPAL.
3. THE GOVERNMENT OF MALAYSIA AGREES TO EXECUTE AT THE OFFICE OF THE
DIRECTOR, UNITED STATES DEFENSE SECURITY ASSISTANCE AGENCY, ON 30 JUNE
1974, OR ON SUCH EARLIER DATE AS MAY BE NOTIFIED TO IT BY THE AFORESAID
DIRECTOR, A CREDIT AGREEMENT IN THE FORM OF ANNEX A HERETO (WITH THE
BLANKS APPROPRIATELY FILLED IN AND SUBJECT TO THE PRINCIPAL AND INTEREST
SCHEDULE SPECIFIED IN PARAGRAPH 2 ABOVE) FOR AT LEAST US $9,375,000, BUT
NOT TO EXCEED THE AGGREGATE PRINCIPAL AMOUNT SPECIFIED IN PARAGRAPH 1
ABOVE, IN PARTIAL OR FULL SUBSTITUTION OF THIS PRESENT AGREEMENT AND,
EXCEPT AS OTHERWISE PROVIDED HEREIN AND IN THE CREDIT AGREEMENT, OF THE
RESPECTIVE RIGHTS AND OBLIGATIONS OF THE TWO GOVERNMENTS UNDER THIS
PRESENT AGREEMENT.
4. SUBJECT TO PARAGRAPH 5 BELOW, THE GOVERNMENT OF THE UNITED STATES
OF AMERICA RESERVES THE RIGHT TO PLACE, ON OR BEFORE 30 JUNE 1974, WITH
OR WITHOUT ADVERTISEMENT, UP TO US $9,375,000 IN PRINCIPAL AMOUNT OF THE
AGGREGATE LOAN AMOUNT SPECIFIED IN PARAGRAPH 1 ABOVE WITH ONE OR MORE
PRIVATE LENDERS DOING BUSINESS IN THE UNITED STATES AT THE RATE OF
INTEREST THEN AVAILABLE AND SUBJECT TO THE PRINCIPAL AND INTEREST
REPAYMENT SCHEDULE SPECIFIED IN PARAGRAPH 2 ABOVE. SUCH LOAN SHALL BE
PLACED PURSUANT TO LOAN AGREEMENT(S) EXECUTED BY SUCH PRIVATE LENDERS
SUBSTANTIALLY IN THE FORM OF ANNEX B HERETO (WITH THE BLANKS
APPROPRIATELY FILLED IN), SUBJECT TO UNITED STATES GOVERNMENT GUARANTY
UNDER THE UNITED STATES FOREIGN MILITARY SALES ACT, AS AMENDED. THE
GOVERNMENT OF MALAYSIA AGREES TO EXECUTE THE AFORESAID LOAN AGREEMENT(S)
AT THE OFFICE OF THE DIRECTOR, UNITED STATES DEFENSE SECURITY ASSISTANCE
AGENCY, ON SUCH DATE AS MAY BE SPECIFIED BY THE AFORESAID DIRECTOR, UPON
NOTIFICATION TO IT THAT THE GOVERNMENT OF THE UNITED STATES OF AMERICA
HAS EXERCISED ITS RIGHT UNDER THE PRECEDING SENTENCES OF THIS PARAGRAPH,
IN PARTIAL SUBSTITUTION OF THIS PRESENT AGREEMENT AND OF THE RESPECTIVE
RIGHTS AND OBLIGATIONS OF THE TWO GOVERNMENTS UNDER THIS PRESENT
AGREEMENT.
5. IN THE EVENT THAT THE GOVERNMENT OF THE UNITED STATES OF AMERICA
EXERCISES ITS RIGHT UNDER PARAGRAPH 4 ABOVE --
A. IN THE AGGREGATE, THE PRINCIPAL AND INTEREST SCHEDULES OF THE
CREDIT AGREEMENT AND THE LOAN AGREEMENT(S) SHALL MATCH THE PRINCIPAL AND
INTEREST SCHEDULES SPECIFIED IN PARAGRAPH 2 ABOVE, ALTHOUGH INDIVIDUAL
PAYMENTS TO THE GOVERNMENT OF THE UNITED STATES OF AMERICA AND TO THE
PRIVATE LENDER(S), RESPECTIVELY, MAY VARY AS TO AMOUNT AND SCHEDULED
DATE.
B. EACH BORROWING BY THE GOVERNMENT OF MALAYSIA UNDER THE AFORESAID
CREDIT AGREEMENT AND LOAN AGREEMENT(S) WILL BE PRORATIONED AMONG THE
GOVERNMENT OF THE UNITED STATES OF AMERICA AND THE PRIVATE LENDER(S) IN
THE PROPORTIONS THAT EACH OF THE LOAN COMMITMENTS UNDER THE CREDIT
AGREEMENT AND THE LOAN AGREEMENT(S) BEARS TO THE AGGREGATE PRINCIPAL
AMOUNT OF US $18,750,000 SPECIFIED IN PARAGRAPH 1 ABOVE, AND THE
GOVERNMENT OF MALAYSIA UNDERTAKES THAT IT SHALL SO ALLOCATE EACH
BORROWING. THIS UNDERTAKING BY THE GOVERNMENT OF MALAYSIA SHALL
CONTINUE IN FORCE AFTER THE EXECUTION OF THE CREDIT AGREEMENT AND LOAN
AGREEMENT(S).
C. INTEREST UNDER THE CREDIT AGREEMENT SHALL BE COMPUTED AS FOLLOWS:
(I) WITH RESPECT TO EACH SEMI-ANNUAL PAYMENT OF INTEREST SCHEDULED
UNDER PARAGRAPH 2 ABOVE AND PAYABLE BOTH UNDER THE LOAN AGREEMENT(S) AND
THE CREDIT AGREEMENT--
(A) THE AGGREGATE INTEREST PAYABLE TO THE PRIVATE LENDER(S) AND TO
THE GOVERNMENT OF THE UNITED STATES OF AMERICA SHALL BE COMPUTED AT THE
PER ANNUM RATE SET FORTH IN PARAGRAPH 2 ABOVE ON THE AGGREGATE UNPAID
PRINCIPAL;
(B) THE AMOUNT OF INTEREST PAYABLE TO THE PRIVATE LENDER(S) SHALL BE
COMPUTED AT THE PER ANNUM RATE SET FORTH IN THE LOAN AGREEMENT(S) ON THE
AMOUNT OF UNPAID PRINCIPAL OWED TO THE PRIVATE LENDER(S); AND
(C) THE DIFFERENCE BETWEEN THE AGGREGATE INTEREST AMOUNT AND THE
INTEREST AMOUNT PAYABLE TO THE PRIVATE LENDER(S) SHALL BE THE INTEREST
AMOUNT DUE AND PAYABLE ON THE SCHEDULED DATE TO THE GOVERNMENT OF THE
UNITED STATES OF AMERICA.
(II) WITH RESPECT TO EACH SEMI-ANNUAL PAYMENT OF INTEREST SCHEDULED
UNDER PARAGRAPH 2 ABOVE AND PAYABLE AFTER THE ENTIRE PRINCIPAL OF THE
LOAN(S) UNDER THE LOAN AGREEMENT(S) HAS BEEN REPAID, INTEREST PAYABLE
UNDER THE CREDIT AGREEMENT SHALL BE COMPUTED AT THE PER ANNUM RATE SET
FORTH IN PARAGRAPH 2 ABOVE ON THE UNPAID PRINCIPAL AMOUNT OF THE CREDIT
AGREEMENT.
(III) WITH RESPECT TO GUARANTY AND COMMITMENT FEES WHICH MAY BE PAID
BY THE GOVERNMENT OF MALAYSIA IN CONNECTION WITH LOAN AGREEMENT(S)
HEREWITH, THE GOVERNMENT OF MALAYSIA MAY CREDIT THE AMOUNT OF THE
COMMITMENT FEES AGAINST ANY INTEREST DUE TO THE GOVERNMENT OF THE UNITED
STATES OF AMERICA, AND, AFTER THE ENTIRE PRINCIPAL UNDER THE LOAN
AGREEMENT(S) HAS BEEN REPAID, AND COMMENCIN WITH THE FIRST INTEREST
PAYMENT DUE THEREAFTER TO THE GOVERNMENT OF THE UNITED STATES OF
AMERICA, CREDIT THE AMOUNT OF THE GUARANTY FEE AGAINST INTEREST DUE TO
THE GOVERNMENT OF THE UNITED STATES.
D. SHOULD THE GOVERNMENT OF MALAYSIA NOT AVAIL ITSELF OF THE ENTIRE
AMOUNT OF THE LOAN COMMITMENTS UNDER THE CREDIT AGREEMENT AND LOAN
AGREEMENT(S), AND THE INSTALLMENTS OF PRINCIPAL REPAYMENTS SET FORTH IN
THE PRINCIPAL REPAYMENT SCHEDULES OF BOTH AGREEMENTS BE ACCORDINGLY
REDUCED IN THE INVERSE ORDER OF MATURITY TO THE EXTENT OF THE UNUSED
BALANCES OF THE COMMITMENTS, AS PROVIDED FOR IN ANNEXES A AND B, THEN,
IN THAT EVENT--
(I) THE PRINCIPAL REPAYMENT SCHEDULE OF THE CREDIT AGREEMENT SHALL BE
DEEMED ADDITIONALLY ADJUSTED TO CONFORM AS TO AMOUNTS AND DATES TO THE
PRINCIPAL SCHEDULE SPECIFIED IN PARAGRAPH 2 ABOVE, NAMELY, THE
INSTALLMENTS OF PRINCIPAL REPAYMENTS DUE UNDER THE CREDIT AGREEMENT
SHALL BE EQUAL TO THE DIFFERENCE IN THE ORDER OF THEIR MATURITIES
BETWEEN (A) THE PRINCIPAL REPAYMENTS SPECIFIED UNDER PARAGRAPH 2 ABOVE
AND (B) THE PRINCIPAL REPAYMENTS DUE UNDER THE REDUCED PRINCIPAL
REPAYMENT SCHEDULE OF THE LOAN AGREEMENT(S); AND
(II) UPON REQUEST OF THE GOVERNMENT OF THE UNITED STATES OF AMERICA,
THE GOVERNMENT OF MALAYSIA SHALL DELIVER TO THE GOVERNMENT OF THE UNITED
STATES OF AMERICA, IN PLACE OF ANY PROMISSORY NOTE ISSUED UNDER THE
CREDIT AGREEMENT PRIOR TO SUCH ADJUSTMENT OF THE PRINCIPAL REPAYMENT
SCHEDULE, ONE OR MORE SEPARATE PROMISSORY NOTES, AGGREGATING NOT MORE
THAN THE AMOUNT OF THE NOTE REPLACED, WHICH SHALL CONFORM TO THE
ADJUSTED PRINCIPAL REPAYMENT SCHEDULE OF THE CREDIT AGREEMENT.
6. THE PURPOSE OF EXECUTING THE CREDIT AGREEMENT AND THE LOAN
AGREEMENT(S) SPECIFIED IN PARAGRAP 3 AND PARAGRAPH 4 ABOVE IS TO
DEFINITIZE IN FULL THE CREDIT TERMS, DISBURSEMENT PROCEDURES, AND
REPAYMENT OBLIGATIONS SET FORTH IN SUMMARY FASHION IN PARAGRAPH 1 AND
PARAGRAPH 2 ABOVE PRIOR TO TH DISBURSEMENT OF ANY FUNDS. TO THE EXTENT
THAT THE GOVERNMENT OF MALAYSIA SHOULD BE UNWILLING OR UNABLE TO EXECUTE
ONE OR MORE OF SAID CREDIT AGREEMENT AND LOAN AGREEMENT(S) AT THE TIMES
SPECIFIED THE GOVERNMENT OF THE UNITED STATES OF AMERICA RESERVES THE
RIGHTS (I) TO TERMINATE ALL OR ANY PART OF THE LOAN COMMITMENT SPECIFIED
IN PARAGRAPH 1 ABOVE AND (II) NOT TO ISSUE THE UNITED STATES GOVERNMENT
GUARANTIES REFERRED TO IN PARAGRAPH 4 ABOVE.
IN WITNESS WHEREOF, THE PARTIES HERETO HAVE DULY EXECUTED THIS
INTERIM CREDIT AGREEMENT THIS 27TH DAY OF MAY, 1974.
GOVERNMENT OF MALAYSIA
BY SIGNED
MOHAMED KHIR JOHARI
AMBASSADOR OF MALAYSIA
GOVERNMENT OF THE UNITED STATES OF AMERICA
BY SIGNED
RAY PEET
VICE ADMIRAL, USN
DIRECTOR
DEFENSE SECURITY ASSISTANCE AGENCY
ANNEX A
CREDIT AGREEMENT, MADE AND ENTERED INTO THE _____ DAY OF __________,
19__, BETWEEN THE GOVERNMENT OF __________, REPRESENTED BY ITS
__________, AND THE GOVERNMENT OF THE UNITED STATES OF AMERICA,
REPRESENTED BY THE DEPARTMENT OF DEFENSE OF THE UNITED STATES OF
AMERICA.
WITNESSETH
WHEREAS, THE GOVERNMENT OF __________ (HEREINAFTER SOMETIMES REFERRED
TO AS THE "BORROWER") DESIRES TO ENTER, OR HAS ENTERED, INTO PURCHASE
CONTRACTS (HEREINAFTER REFERRED TO AS "PURCHASE ARRANGEMENTS") WITH THE
MILITARY DEPARTMENTS AND AGENCIES OF THE UNITED STATES DEPARTMENT OF
DEFENS (HEREINAFTER REFERRED TO AS "DOD") AND/OR VARIOUS UNITED STATES
COMMERCIAL SUPPLIERS FOR THE PURCHASE OF DEFENSE ARTICLES AND DEFENSE
SERVICES OF UNITED STATES ORIGIN (HEREINAFTER COLLECTIVELY REFERRED TO
AS "DEFENSE ITEMS"); AND
WHEREAS, THE BORROWER HAS REQUESTED THE GOVERNMENT OF THE UNITED
STATES OF AMERICA (HEREINAFTER SOMETIMES REFERRED TO AS THE "LENDER") TO
FINANCE PAYMENTS REQUIRED TO BE MADE BY THE BORROWER UNDE THE PURCHASE
ARRANGEMENTS; AND
WHEREAS, THE AFORESAID REQUESTED CREDIT WILL FACILITATE THE PURPOSES
OF THE UNITED STATES FOREIGN MILITARY SALES ACT, AS AMENDED;
WHEREAS, THE BORROWER AND THE LENDER ENTERED INTO AN INTERIM CREDIT
AGREEMENT ON __________;
NOW THEREFORE, IN CONSIDERATION OF THE PREMISES AND THE MUTUAL
COVENANTS HEREINAFTER SET FORTH, AND IN IMPLEMENTATION OF, AND SUBJECT
TO THE PROVISIONS OF THE MUTUAL DEFENSE ASSISTANCE AGREEMENT BETWEEN THE
GOVERNMENT OF __________ AND THE GOVERNMENT OF THE UNITED STATES OF
AMERICA, DATED __________, THE PARTIES HERETO AGREE AS FOLLOWS:
1. SUBJECT TO THE TERMS AND CONDITIONS HEREOF, THE LENDER AGREES TO
MAKE LOANS TO THE BORROWER FROM TIME TO TIME IN AN AGGREGATE PRINCIPAL
AMOUNT UP TO BUT NOT EXCEEDING $__________ (HEREINAFTER CALLED THE
"COMMITMENT").
2. THE AFORESAID COMMITMENT SHALL BE AVAILABLE ONLY TO FINANCE THE
PURCHASE OF DEFENSE ITEMS BY THE BORROWER PURSUANT TO PURCHASE
ARRANGEMENTS AUTHORIZED FOR SUCH FINANCING BY DOD WHICH ARE ENTERED INTO
BY THE BORROWER ON OR BEFORE __________, 19__. EACH AUTHORIZATION FOR
THE BORROWER TO ENTER INTO A PURCHASE ARRANGEMENT IN IMPLEMENTATION OF
THIS CREDIT AGREEMENT SHALL BE SEPARATELY COMMUNICATED BY DOD IN WRITING
TO THE BORROWER, WHICH AUTHORIZATION SHALL SPECIFY THE DEFENSE ITEMS AND
THE AMOUNT OF CREDIT AUTHORIZED FOR THAT PURCHASE ARRANGEMENT. THE
BORROWER SHALL INCORPORATE INTO EACH SUCH PURCHASE ARRANGEMENT WITH
COMMERCIAL SUPPLIERS THE PROVISIONS OF EXHIBIT A HERETO AN ATTACH AS AN
EXHIBIT TO THE PURCHASE ARRANGEMENT A TRUE COPY OF THE APPLICABLE
AFORESAID AUTHORIZATION AND OF PARAGRAPH 9 OF THIS CREDIT AGREEMENT.
3. EACH LOAN HEREUNDER BY THE LENDER SHALL BE MADE IN ACCORDANCE
WITH THE FOLLOWING PROCEDURE:
(1) EACH LOAN SHALL BE MADE ON SUCH DATE (HEREINAFTER REFERRED TO AS
A "DISBURSEMENT DATE") AS MAY BE DESIGNATED BY THE BORROWER FROM TIME TO
TIME UPON TEN (10) DAYS' WRITTEN NOTICE BY THE BORROWER TO THE LENDER.
(2) EACH NOTICE SHALL SPECIFY THE AMOUNT OF THE LOAN TO BE MADE BY
THE LENDER ON THE DISBURSEMEN DATE, AND SHALL SPECIFY THE SUPPLIER OR
SUPPLIERS (INCLUDING THE MILITARY DEPARTMENTS OR AGENCIES O DOD) TO WHOM
THE DISBURSEMENT IS TO BE REMITTED BY THE LENDER.
(3) EACH NOTICE SHALL BE PREPARED IN QUADRUPLICATE ON U.S. STANDARD
FORM 1034 AND SHALL BE SENT TO THE COMPTROLLER, DEFENSE SECURITY
ASSISTANCE AGENCY, THE PENTAGON, WASHINGTON, D.C. 20301.
(4) IN THE CASE OF DISBURSEMENTS REQUESTED TO BE MADE TO COMMERCIAL
SUPPLIERS, THE INVOICES SHAL BE PREPARED IN ACCORDANCE WITH THE
PROCEDURE SET FORTH IN EXHIBIT A HERETO.
(5) IN THE CASE OF DISBURSEMENTS REQUESTED TO BE MADE TO THE MILITARY
DEPARTMENTS AND AGENCIES O DOD, THE NOTICES SHALL HAVE ANNEXED THERETO
COPIES OF THE PAYMENT REQUEST RECEIVED BY THE BORROWER FROM SUCH
MILITARY DEPARTMENT OR AGENCY AGAINST WHICH DISBURSEMENT IS REQUESTED.
(6) WITH EACH NOTICE, THE BORROWER SHALL CONCURRENTLY TRANSMIT TO THE
LENDER AT THE ADDRESS SET FORTH IN SUBPARAGRAPH (3) ABOVE OF THIS
PARAGRAPH A PROMISSORY NOTE SUBSTANTIALLY IN THE FORM OF EXHIBIT B
HERETO (WITH THE BLANKS APPROPRIATELY FILLED IN) RECITING THE OBLIGATION
OF THE BORROWER TO REPAY THE AMOUNT OF SUCH LOAN WITH INTEREST THEREON
AS HEREINAFTER SET FORTH. (THE PROMISSORY NOTES HEREINABOVE REFERRED TO
ARE HEREINAFTER CALLED THE "NOTES" AND INDIVIDUALLY A "NOTE").
4.(A) ALL OCEAN TRANSPORTATION OF THE DEFENSE ARTICLES SHALL BE ON
VESSELS OF UNITED STATES REGISTRY. THE GOVERNMENT OF THE UNITED STATES
WILL GIVE SYMPATHETIC CONSIDERATION ON A CASE-BY-CAS BASIS TO REQUESTS
BY THE BORROWER JUSTIFYING SHIPMENT ON VESSELS OF THE REGISTRY OF THE
BORROWER. CONSIDERATION WILL BE GIVEN TO SECURITY REQUIREMENTS OF THE
BORROWER TO ASSURE SAFE ARRIVAL.
(B) THE BORROWER OR ITS COMMERICAL SUPPLIER SHALL BE RESPONSIBLE FOR
OBTAINING SUCH EXPORT LICENSES AS MAY BE NECESSARY FOR DEFENSE ITEMS
FINANCED HEREUNDER.
5. THIS AGREEMENT EVIDENCES THE LEGAL AND BINDING OBLIGATION OF THE
BORROWER TO MAKE REPAYMENTS TO THE LENDER FOR DISBURSEMENTS MADE BY THE
LENDER IN ACCORDANCE WITH THE TERMS HEREOF. THE LENDER MAY SELL OR
ASSIGN, IN WHOLE OR IN PART, ITS RIGHTS TO SAID REPAYMENTS AND MAY, WITH
RESPECT TO SUC SALE OR ASSIGNMENT, GUARANTEE PAYMENT OF THE SAME.
6.(A) THE BORROWER HEREBY AGREES:
(I) TO REPAY THE DISBURSEMENTS MADE BY THE LENDER IN ACCORDANCE WITH
THE PRINCIPAL REPAYMENT SCHEDULE SET FORTH IN EXHIBIT C HERETO; AND
(II) TO PAY INTEREST SEMIANNUALLY ON __________ AND __________,
COMMENCING __________ 19__, ON THE AMOUNT BY WHICH FROM TIME TO TIME
CUMULATIVE DISBURSEMENTS EXCEED CUMULATIVE REPAYMENTS OF PRINCIPAL.
INTEREST SHALL BE CALCULATED ON A 365-DAY BASIS AND ACTUAL DAYS ELAPSED,
AND IN ACCORDANCE WITH THE PROVISIONS OF PARAGRAPH OF THE AFORESAID
INTERIM CREDIT AGREEMENT OF __________
(B) IF ON ANY INSTALLMENT REPAYMENT DATE SET FORTH IN THE PRINCIPAL
REPAYMENT SCHEDULE THE BORROWER SHALL NOT HAVE AVAILED ITSELF OF THE
COMMITMENT OF THE LENDER IN AN AGGREGATE AMOUNT (LESS REPAYMENTS
PREVIOUSLY MADE) EQUAL TO THE AGGREGATE INSTALLMENT OF PRINCIPAL WHICH
IS REPAYABLE ON SUCH DATE TO THE LENDER, THE BORROWER SHALL, ON SUCH
INSTALLMENT REPAYMENT DATE, REPAY TO THE LENDE THE FULL AMOUNT (LESS
REPAYMENTS PREVIOUSLY MADE) TO WHICH IT HAS AVAILED ITSELF OF THE
COMMITMENT OF THE LENDER TO SUCH DATE, TOGETHER WITH THE INTEREST
ACCRUED THEREON. IF AT ANY TIME THEREAFTER THE BORROWER SHALL AVAIL
ITSELF OF THE COMMITMENT OF THE LENDER IN AN AMOUNT WHICH WOULD HAVE
BEEN PAYABLE ON A PRIOR INSTALLMENT REPAYMENT DATE BUT FOR THE
PROVISIONS OF THE IMMEDIATELY PRECEDING SENTENCE, SUCH AMOUNT, TOGETHER
WITH THE INTEREST ACCRUED THEREON, SHALL BE REPAYABLE ON THE NEXT
SUCCEEDING INSTALLMENT DATE OF THE PRINCIPAL REPAYMENT SCHEDULE
OCCURRING AFTER THE DISBURSEMENT OF SUCH AMOUNT AND THE SAID AGGREGATE
INSTALLMENT OF PRINCIPAL REPAYABLE UNDER THE PRINCIPAL REPAYMENT
SCHEDULE TO THE LENDER ON THAT DATE SHALL BE INCREASED BY SUCH AMOUNT.
(C) IF BY THE DATE SPECIFIED IN PARAGRAPH 2 ABOVE, THE BORROWER SHALL
NOT HAVE ENTERED INTO AUTHORIZED PURCHASE ARRANGEMENTS IN AN AGGREGATE
AMOUNT EQUAL TO THE ENTIRE AMOUNT OF THE COMMITMENT, THE INSTALLMENTS OF
PRINCIPAL REPAYABLE TO THE LENDER SET FORTH IN THE PRINCIPAL REPAYMENT
SCHEDULE SHALL BE REDUCED IN THE INVERSE ORDER OF THE MATURITY THEREOF
TO THE EXTENT OF THE UNUSED BALANCE OF THE COMMITMENT.
(D) WHENEVER ANY REPAYMENT TO BE MADE BY THE BORROWER SHALL BE DUE ON
A SATURDAY, SUNDAY, OR PUBLIC HOLIDAY UNDER THE LAWS OF THE LENDER, SUCH
REPAYMENT MAY BE MADE ON THE NEXT SUCCEEDING BUSINESS DAY, AND SUCH
EXTENSION OF TIME SHALL IN SUCH CASE BE INCLUDED IN COMPUTING INTEREST
IN CONNECTION WITH SUCH REPAYMENT BUT EXCLUDED FROM THE NEXT INTEREST
PERIOD.
(E) THE BORROWER MAY PREPAY THE CREDIT EXTENDED UNDER THIS AGREEMENT
IN PART OR IN FULL ON ANY INTEREST PAYMENT DATE WITHOUT PENALTY OR
PREMIUM, BUT SUCH PREPAYMENT MUST BE ACCOMPANIED BY PAYMEN OF INTEREST
ON THE AMOUNT PREPAID TO THE DATE OF PREPAYMENT AND MUST BE APPLIED TO
THE SATISFACTION OF INSTALLMENTS OF PRINCIPAL REPAYMENTS IN THE INVERSE
ORDER OF THEIR MATURITIES.
(F) ALL REPAYMENTS BY THE BORROWER ON ACCOUNT OF PRINCIPAL OR
INTEREST SHALL BE IN LAWFUL MONEY OF THE UNITED STATES OF AMERICA AND IN
IMMEDIATELY AVAILABLE FUNDS, FREE AND CLEAR OF, AND WITHOUT DEDUCTION
FOR, ANY AND ALL TAXES, LEVIES, IMPOSTS, DEDUCTIONS AND WITHHOLDINGS
WHATSOEVER IMPOSED, LEVIED, COLLECTED OR ASSESSED WITH RESPECT THERETO
BY ANY CENTRAL OR LOCAL AUTHORITY OF __________.
7.(A) THE NOTES SHALL BE FURTHER EVIDENCE OF THE OBLIGATION OF THE
BORROWER TO REPAY THE LOANS MADE HEREUNDER. EACH NOTE SHALL BE DATED
THE PARTICULAR DISBURSEMENT DATE OF THE LOAN WHICH SUCH NOTE EVIDENCES,
SHALL BE PAYABLE TO THE ORDER OF THE GOVERNMENT OF THE UNITED STATES IN
THE PRINCIPAL AMOUNT OF SUCH DISBURSEMENT, AND SHALL BEAR INTEREST ON
THE UNPAID PRINCIPAL AMOUNT THEREOF AS PROVIDED IN PARAGRAPH OF THE
AFORESAID INTERIM CREDIT AGREEMENT OF __________. EXCEPT A OTHERWISE
PROVIDED FOR IN PARAGRAPH 6.(D), ANY INTEREST BALANCE NOT PAID ON ITS
DUE DATE SHALL ACCRUE INTEREST THEREON AT THE PER ANNUM RATE SET FORTH
IN PARAGRAPH 2 OF THE AFORESAID INTERIM CREDIT OF __________.
(B) THE NOTES SHALL BE COMPLETED BY THE BORROWER IN SUCH A MANNER
THAT REPAYMENT OF SUCH LOANS SHALL BE MADE IN THE ORDER OF THEIR
DISBURSEMENT, UTILIZING THE PRINCIPAL REPAYMENT SCHEDULE SET FORTH IN
EXHIBIT C (AS THE SAME MAY BE ADJUSTED IN ACCORDANCE WITH PARAGRAPHS
6(B) AND 6(C) HEREOF) AND, IN DETERMINING WHETHER A PARTICULAR LOAN IS
PAYABLE IN ONE OR MORE INSTALLMENTS, UTILIZING A PARTICULAR INSTALLMENT
PAYMENT DATE ONLY AFTER THE FULL UTILIZATION OF THE NEXT PRECEDING
INSTALLMENT DATE.
(C) EACH NOTE SHALL BE SIGNED ON BEHALF OF THE BORROWER BY __________
8.(A) THE BORROWER REPRESENTS AND WARRANTS THAT THE MAKING AND
PERFORMANCE OF THIS AGREEMENT HAV BEEN DULY AUTHORIZED IN ACCORDANCE
WITH THE LAWS OF __________ AND SHALL FURNISH TO THE LENDER UPON REQUEST
EVIDENCE, SATISFACTORY TO THE LENDER, OF THE AUTHORITY OF THE PERSON OR
PERSONS WHO HAVE SIGNED THIS AGREEMENT ON BEHALF OF THE BORROWER AND OF
THE PERSON OR PERSONS WHO WILL SIGN THE NOTE PROVIDED FOR HEREIN ON
BEHALF OF THE BORROWER, TOGETHER WITH THE AUTHENTICATED SPECIMEN
SIGNATURE, IN DUPLICATE, OF EACH OF THE LATTER.
(B) THIS AGREEMENT SHALL INURE TO THE BENEFIT OF THE HOLDERS OF THE
NOTES, THEIR RESPECTIVE SUCCESSORS AND ASSIGNS. THIS AGREEMENT AND THE
NOTES SHALL BE DEEMED TO BE CONTRACTS UNDER THE LAW OF THE DISTRICT OF
COLUMBIA AND FOR ALL PURPOSES SHALL BE CONSTRUED IN ACCORDANCE WITH SAID
LAW. THE BORROWER AGREES THAT JURISDICTION MAY BE TAKEN BY COURTS IN
THE DISTRICT OF COLUMBIA WITH RESPECT TO MATTERS INVOLVING ANY NOTE,
PROVIDED SUCH NOTE IS HELD BY AN INDIVIDUAL, PARTNERSHIP, CORPORATION,
OR OTHER PRIVATE LEGAL ENTITY.
(C) THE BORROWER SHALL IN ALL CASES PAY WHEN AND AS DUE THE PRINCIPAL
OF AND INTEREST ON ALL NOTES ISSUED HEREUNDER, NOTWITHSTANDING ANY
CLAIMS WHICH THE BORROWER MAY NOW OR HEREAFTER HAVE AGAINST ANY SUPPLIER
OF THE DEFENSE ITEMS, DOD, THE LENDER, OR ANY OTHER PERSONS OR ENTITY IN
CONNECTION WITH ANY OTHER TRANSACTION, FOR ANY REASON WHATSOEVER.
9. UPON THE OCCURRENCE OF ANY OF THE FOLLOWING EVENTS OF DEFAULT:
(1) IF THE BORROWER FAILS FOR A PERIOD OF FIFTEEN (15) DAYS TO MAKE
ANY PAYMENT OF PRINCIPAL OF, OR INTEREST ON, ANY NOTE WHEN DUE; OR
(2) IF ANY REPRESENTATION OR WARRANTY MADE BY THE BORROWER HEREIN OR
ANY CERTIFICATE FURNISHED B THE BORROWER PURSUANT HERETO PROVES TO BE AT
ANY TIME INCORRECT IN ANY MATERIEL RESPECT; OR
(3) IF THE BORROWER DEFAULTS IN THE PERFORMANCE OF ANY OTHER TERM,
COVENANT OR UNDERTAKING CONTAINED IN THIS CREDIT AGREEMENT, AND SUCH
DEFAULT SHALL CONTINUE UNREMEDIED FOR 30 DAYS AFTER WRITTEN NOTIFICATION
THEREOF SHALL HAVE BEEN GIVEN TO THE BORROWER BY THE LENDER;
THEN, AND IN ANY SUCH EVENT, THE HOLDER OF ANY NOTE MAY DECLARE
IMMEDIATELY DUE AND PAYABLE THE UNPAID PRINCIPAL OF, AND ACCRUED
INTEREST ON, ANY OR ALL NOTES HELD BY SUCH HOLDER AND SUCH AMOUNTS SHALL
BECOME IMMEDIATELY DUE AND PAYABLE WITHOUT PROTEST, PRESENTMENT, NOTICE
OR OTHER DEMAND OF AN KIND, ALL OF WHICH ARE HEREBY EXPRESSLY WAIVED BY
THE BORROWER, AND THE LENDER MAY TERMINATE ITS COMMITMENT HEREUNDER.
10. ALL COMMUNICATIONS AND OTHER DOCUMENTS REQUIRED OR PERMITTED
HEREUNDER, UNLESS SUBMITTED IN THE ENGLISH LANGUAGE, SHALL BE
ACCOMPANIED BY ONE ENGLISH TRANSLATION FOR EACH COPY OF SUCH DOCUMENTS
TO BE FURNISHED AND, IN THE EVENT OF CONFLICT, THE ENGLISH VERSION SHALL
GOVERN. EXCEPT AS OTHERWISE PROVIDED HEREIN, ALL NOTICES, REQUESTS OR
DEMANDS HEREUNDER SHALL BE DEEMED TO HAVE BEEN GIVEN OR MADE UPON THE
MAILING OF THE SAME, POSTAGE PREPAID, OR IN THE CASE OF TELEGRAPHIC
NOTICE, ON DELIVERY TO THE TELEGRAPHIC COMPANY, ADDRESSED IN THE CASE OF
THE BORROWER, TO __________, AND IN THE CASE OF THE LENDER TO THE
DIRECTOR, DEFENSE SECURITY ASSISTANCE AGENCY, THE PENTAGON, WASHINGTON,
D.C. 20301.
11. THIS AGREEMENT MAY BE EXECUTED IN ANY NUMBER OF COUNTERPARTS AND
BY THE PARTIES HERETO ON SEPARATE COUNTERPARTS, EACH OF WHICH SHALL BE
DEEMED AN ORIGINAL BUT ALL SUCH COUNTERPARTS TO CONSTITUTE ONE AND THE
SAME INSTRUMENT.
12. EXHIBITS A THROUGH C ATTACHED HERETO ARE, BY THIS REFERENCE,
MADE A PART OF THIS AGREEMENT.
IN WITNESS WHEREOF, THE PARTIES HERETO HAVE DULY EXECUTED THIS
AGREEMENT THIS _____ DAY OF __________ 19__.
GOVERNMENT OF
__________
BY (NAME TYPED)
(TITLE)
GOVERNMENT OF THE UNITED STATES OF AMERICA
BY (NAME TYPED)
(TITLE)
EXHIBIT A
PAYMENT PROCEDURES
THE FOLLOWING PROCEDURES AND CONDITIONS SHALL BE ADHERED TO PRIOR TO
EACH DISBURSEMENT TO BE MADE BY THE GOVERNMENT OF THE UNITED STATES FOR
THE ACCOUNT OF THE GOVERNMENT OF __________.
1. THE SUPPLIER SHALL PREPARE AND SUBMIT TO THE DESIGNATED
REPRESENTATIVES OF THE GOVERNMENT OF __________ IN WASHINGTON, D.C.
INVOICES ON U.S. STANDARD FORM 1034 IN SUFFICIENT NUMBER OF COPIES T
PERMIT THE FORWARDING OF FOUR COPIES TO THE DISBURSING OFFICER
DESIGNATED IN PARAGRAPH 5 BELOW.
2. THE SUPPLIER SHALL INSURE THAT EACH INVOICE IS IN ACCORDANCE WITH
RELEVANT PROVISIONS OF ITS PURCHASE ARRANGEMENT WITH THE GOVERNMENT OF
__________.
3. THE SUPPLIER SHALL ATTACH TO EACH INVOICE A STATEMENT THAT
AUTHORIZED REPRESENTATIVES OF THE GOVERNMENT OF THE UNITED STATES SHALL,
UNTIL THE EXPIRATION OF THREE YEARS AFTER FINAL PAYMENT HEREUNDER, HAVE
ACCESS TO AND THE RIGHT TO EXAMINE ANY DIRECTLY RELATED PERTINENT BOOKS,
DOCUMENTS, PAPERS AND RECORDS OF THE SUPPLIER INVOLVING TRANSACTIONS
RELATING TO THE AFORESAID PURCHASE ARRANGEMENT.
4. TO THE EXTENT THAT ANY INVOICE REQUESTS PAYMENT OF ADVANCES, AS
DISTINGUISHED FROM PAYMENT FO DELIVERY OF DEFENSE ITEMS OR REIMBURSEMENT
IN THE FORM OF PROGRESS PAYMENTS FOR WORK OR SERVICES PERFORMED, THE
SUPPLIER SHALL ATTACH TO THE INVOICE A STATEMENT SETTING FORTH THE
UNDERTAKING OF TH SUPPLIER THAT THE FULL AMOUNT OF THE ADVANCE WILL BE
MAINTAINED BY THE SUPPLIER IN A SEGREGATED ACCOUNT WHICH WILL BE APPLIED
SOLELY TO THE PERFORMANCE OF THE SUPPLIER'S OBLIGATIONS UNDER THE
PURCHASE ARRANGEMENT.
5. THE DESIGNATED REPRESENTATIVE OF THE GOVERNMENT OF __________ IN
WASHINGTON, D.C. SHALL FORWARD SUCH INVOICES TO THE COMPTROLLER, DEFENSE
SECURITY ASSISTANCE AGENCY, THE PENTAGON, WASHINGTON, D.C. 20301.
6. EACH INVOICE SHALL BE ACCOMPANIED BY A CERTIFICATION OF THE
GOVERNMENT OF __________ AS FOLLOWS:
THE GOVERNMENT OF __________ CONFIRMS (THAT THE DEFENSE ITEMS SET
FORTH HEREIN HAVE BEEN SATISFACTORILY RECEIVED BY OR FOR THE GOVERNMENT
OF __________) (THAT THE WORK OR SERVICES FOR WHIC PROGRESS PAYMENTS ARE
REQUESTED HAVE BEEN SATISFACTORILY RENDERED) (THAT PAYMENT IS OTHERWISE
DUE) UNDER ITS PURCHASE ARRANGEMENT OF (DATE) FOR THE PURCHASE OF
DEFENSE ITEMS FROM SUPPLIER, AND CERTIFIES THAT THE BILL IS CORRECT AND
JUST AND THAT PAYMENT THEREFOR HAS NOT BEEN MADE. PAYMENT OF THIS
INVOICE IS REQUESTED BY THE MINISTRY OF DEFENSE OF THE GOVERNMENT OF
__________ PURSUANT TO THE TERMS OF THE CREDIT AGREEMENT OF (DATE)
BETWEEN THE __________ OF THE GOVERNMENT OF __________ AND THE
GOVERNMENT OF THE UNITED STATES OF AMERICA. THE GOVERNMENT OF
__________ CONFIRMS THAT SAID PURCHASE ARRANGEMENT IS ONE OF THE
PURCHASE ARRANGEMENTS AUTHORIZED B THE DEPARTMENT OF DEFENSE OF THE
UNITED STATES OF AMERICA PURSUANT TO THE AFORESAID CREDIT AGREEMEN OF
(DATE) AND FURTHER CONFIRMS THAT THE CUMULATIVE TOTAL OF THIS INVOICE
AND INVOICES PREVIOUSLY PAID BY THE GOVERNMENT OF THE UNITED STATES
AGAINST SAID PURCHASE ARRANGEMENT DOES NOT EXCEED THE AGGREGATE CREDIT
CEILING ESTABLISHED BY THE GOVERNMENT OF THE UNITED STATES FOR THE SAID
PURCHASE ARRANGEMENT.
GOVERNMENT OF
__________
BY (NAME TYPED)
(TITLE)
EXHIBIT B
PROMISSORY NOTE
U.S. $__________, NEW YORK, N.Y.
FOR VALUE RECEIVED, THE UNDERSIGNED, THE GOVERNMENT OF __________
(HEREIN CALLED "__________"), HEREBY PROMISES TO PAY TO THE ORDER OF THE
GOVERNMENT OF THE UNITED STATES OF AMERICA (HEREIN CALLE "UNITED
STATES") THE PRINCIPAL SUM OF __________ UNITED STATES DOLLARS (U.S.
$__________) AS FOLLOWS:
TOGETHER WITH INTEREST ON ANY AND ALL AMOUNTS REMAINING UNPAID
HEREUNDER FROM TIME TO TIME FROM THE DATE HEREOF UNTIL THIS NOTE SHALL
BE PAID IN FULL, PAYABLE SEMIANNUALLY ON __________ AND __________ OF
EACH YEAR FROM DATE HEREOF AT A RATE DETERMINED FOR PURPOSES HEREOF (AND
INCREASED OR DECREASED FROM TIME TO TIME) IN ACCORDANCE WITH THE CREDIT
AGREEMENT HEREINAFTER REFERRED TO. BOTH PRINCIPAL AND INTEREST SHALL BE
PAYABLE IN LAWFUL MONEY OF THE UNITED STATES OF AMERICA TO THE
COMPTROLLER, DEFENSE SECURITY ASSISTANCE AGENCY, ATTENTION: FINANCE AND
ACCOUNTING DIVISION, THE PENTAGON, WASHINGTON, D.C. 20301. ALL PAYMENTS
MADE ON ACCOUNT OF THE PRINCIPAL AMOUNT REMAINING UNPAID HEREUNDER SHALL
BE ENDORSED BY THE HOLDER ON THE REVERSE SIDE OF THIS NOTE.
WHENEVER ANY PAYMENT TO BE MADE SHALL BE DUE ON A SATURDAY, SUNDAY,
OR A PUBLIC HOLIDAY UNDER THE LAWS OF THE GOVERNMENT OF THE UNITED
STATES, SUCH PAYMENT MAY BE MADE ON THE NEXT SUCCEEDING BUSINESS DAY,
AND SUCH EXTENSION OF TIME SHALL IN SUCH CASE BE INCLUDED IN COMPUTING
INTEREST IN CONNECTION WITH SUCH PAYMENT BUT EXCLUDED FROM THE NEXT
INTEREST PERIOD.
THIS NOTE IS ONE OF THE NOTES REFERRED TO IN THE CREDIT AGREEMENT OF
__________ BETWEEN THE GOVERNMENT OF __________ AND THE GOVERNMENT OF
THE UNITED STATES OF AMERICA. IT IS ENTITLED TO THE BENEFITS OF THE
SAID CREDIT AGREEMENT AND MAY BE PREPAID ON ANY INTEREST PAYMENT DATE.
PREPAYMENTS SHALL BE APPLIED TO THE INSTALLMENTS HEREOF IN THE INVERSE
ORDER OF THEIR MATURITY. ALL PAYMENTS O PRINCIPAL AND INTEREST ON THIS
NOTE ARE PAYABLE IN LAWFUL MONEY OF THE UNITED STATES OF AMERICA AND IN
IMMEDIATELY AVAILABLE FUNDS, FREE AND CLEAR OF, AND WITHOUT DEDUCTION
FOR, ANY TAXES, LEVIES, IMPOSTS, DEDUCTIONS, AND WITHHOLDINGS WHATSOEVER
NOW OR HEREAFTER IMPOSED, LEVIED, COLLECTED OR ASSESSED WITH RESPECT
THERETO BY ANY CENTRAL OR LOCAL AUTHORITY OF __________ AND SHALL BE
PAID FRE FROM ALL RESTRICTIONS OF ANY CENTRAL OR LOCAL AUTHORITY OF
__________.
__________ AGREES TO PAY ALL OUT-OF-POCKET COSTS AND EXPENSES IN
CONNECTION WITH COLLECTION AFTER DEFAULT OF THIS NOTE (INCLUDING THE
REASONABLE FEES AND OUT-OF-POCKET EXPENSES OF COUNSEL) AS WELL AS ALL
STAMP AND SIMILAR TAXES, IF ANY, NOW OR HEREAFTER IN EFFECT, AND TO SAVE
THE HOLDER OF THE NOTE HARMLESS FROM ANY AND ALL LIABILITIES WITH
RESPECT TO OR RESULTING FROM ANY DELAY OR OMISSION TO PAY SUCH TAXES.
GOVERNMENT OF
__________
BY (NAME TYPED)
(TITLE)
EXHIBIT C
PRINCIPAL REPAYMENT SCHEDULE*
THE FIRST $__________ OF DISBURSEMENTS ARE REPAYABLE ON __________
THE NEXT $__________ OF DISBURSEMENTS ARE REPAYABLE ON __________
THE NEXT $__________ OF DISBURSEMENTS ARE REPAYABLE ON __________
THE NEXT $__________ OF DISBURSEMENTS ARE REPAYABLE ON __________
THE NEXT $__________ OF DISBURSEMENTS ARE REPAYABLE ON __________
THE NEXT $__________ OF DISBURSEMENTS ARE REPAYABLE ON __________
THE NEXT $__________ OF DISBURSEMENTS ARE REPAYABLE ON __________
THE LAST $__________ OF DISBURSEMENTS ARE REPAYABLE ON __________
*THE AMOUNTS AND DATES OF PRINCIPAL INSTALLMENT REPAYMENTS ARE
SUBJECT TO THE PROVISIONS OF THE INTERIM CREDIT AGREEMENT OF __________
BETWEEN THE BORROWER AND THE LENDER.
ANNEX B
MODEL LOAN AGREEMENT
LOAN AGREEMENT MADE AND ENTERED INTO THE __ DAY OF __________, 19__,
BETWEEN THE GOVERNMENT OF __________ (HEREINAFTER SOMETIMES REFERRED TO
AS THE "BORROWER") AND __________, (HEREINAFTER SOMETIMES REFERRED TO AS
THE "UNDERSIGNED").
WHEREAS BY PUBLIC NOTICE (WHICH NOTICE IS INCORPORATED IN THIS
AGREEMENT AS IF FULLY SET FORTH HEREIN) THE SECRETARY OF THE TREASURY
HAS INVITED BIDS ON A LOAN IN THE AMOUNT OF $__________ TO TH BORROWER
AT THE LOWEST BASIS COST OF MONEY;
WHEREAS THE UNDERSIGNED HAS SUBMITTED A BID FOR THE HEREINAFTER MORE
FULLY DESCRIBED LOAN AT AN ANNUAL RATE OF _____ PERCENT PER ANNUM,
PAYABLE SEMIANNUALLY;
NOW, THEREFORE, IN CONSIDERATION OF THE PREMISES AND OF THE MUTUAL
COVENANTS HEREINAFTER SET FORTH, THE PARTIES HERETO AGREE AS FOLLOWS:
SECTION 1. COMMITMENT.
1.1 SUBJECT TO THE TERMS AND CONDITIONS OF THIS LOAN AGREEMENT THE
UNDERSIGNED AGREES TO MAKE LOANS TO THE BORROWER AT ANY TIME AND FROM
TIME TO TIME FROM THE DATE OF THIS LOAN AGREEMENT TO AND INCLUDING
__________, OR SUCH EARLIER DATE AS THE ENTIRE LOAN OFFERED HEREIN BY
THE UNDERSIGNED SHALL HAVE BEEN AVAILED OF), IN AN AGGREGATE PRINCIPAL
AMOUNT UP TO THE AMOUNT OF __________ U.S. DOLLARS (U.S. $__________).
1.2 EACH BORROWING HEREUNDER SHALL BE MADE ON SUCH DATE (HEREINAFTER
REFERRED TO AS A "DISBURSEMENT DATE") AS MAY BE DESIGNATED BY THE
BORROWER UPON THREE (3) DAYS' CONCURRENT WRITTEN NOTICE FROM THE
BORROWER TO THE UNDERSIGNED. THE INITIAL BORROWING HEREUNDER SHALL BE
MADE PRIOR T __________, 19__. EXCEPT FOR THE LAST BORROWING, EACH SUCH
NOTICE SHALL REQUEST A BORROWING AGGREGATING AT LEAST __________ (U.S.
$__________). EACH NOTICE REQUESTING DISBURSEMENT (A) SHALL SPECIFY THE
AMOUNT OF THE LOAN TO BE MADE BY THE UNDERSIGNED ON THE DISBURSEMENT
DATE; (B) SHALL BE DELIVERED TO THE UNDERSIGNED AT ITS ADDRESS SET
FORTH IN SECTION 7.3 HEREOF; (C) SHALL SPECIFY THE ACCOUNT OF THE
BORROWER AT SUCH BANK TO WHICH THE PROCEEDS OF EACH LOAN ARE TO BE
CREDITED; AND (D) SHALL HAVE ANNEXED THERETO THE DOCUMENTATION SET
FORTH IN EXHIBIT A (DISBURSEMENT PROCEDURES) ANNEXED HERETO.
1.3 THE BORROWER HEREBY AGREES TO PAY TO THE UNDERSIGNED A COMMITMENT
FEE COMPUTED AT THE RATE O ONE-QUARTER OF ONE PERCENT (1/4%) PER ANNUM
ON THE DAILY AVERAGE UNUSED AMOUNT OF THE COMMITMENT FROM __________ TO
AND INCLUDING __________ (OR SUCH EARLIER DATE AS THE ENTIRE COMMITMENT
OF THE UNDERSIGNED SHALL HAVE BEEN AVAILED OF). SUCH COMMITMENT FEE
SHALL BE CALCULATED ON A 365-DAY BASI AND ACTUAL DAYS ELAPSED.
1.4 THE UNDERSIGNED MAY SELL PARTICIPATIONS IN THE LOAN TO LEGAL
ENTITIES DOING BUSINESS IN THE UNITED STATES.
1.5 AT THE TIME AT WHICH THE BORROWER SHALL SEND THE NOTICES REQUIRED
BY SECTION 1.2 ABOVE TO TH UNDERSIGNED IT SHALL DELIVER THERETO A
PROMISSORY NOTE (WHICH SHALL BE SUBSTANTIALLY IN THE FORM OF EXHIBIT B
ANNEXED HERETO (WITH THE BLANKS APPROPRIATELY FILLED IN)) EVIDENCING THE
OBLIGATION OF TH BORROWER TO REPAY THE AMOUNT OF THE LOAN FROM THE
UNDERSIGNED WITH INTEREST THEREON AS HEREINAFTER SET FORTH. UPON
REQUEST BY THE UNDERSIGNED AT ANY TIME, THE BORROWER SHALL DELIVER TO
THE UNDERSIGNED, IN PLACE OF ANY SUCH PROMISSORY NOTE, TWO OR MORE
SEPARATE PROMISSORY NOTES IN SUCH AMOUNTS, AGGREGATING NOT MORE THAN THE
AMOUNT OF THE NOTE SUCH NOTES SHALL REPLACE, AS SHALL BE SPECIFIED BY
THE UNDERSIGNED. THE PROMISSORY NOTES HEREINABOVE REFERRED TO ARE
HEREINAFTER REFERRE TO AS THE "NOTES" AND INDIVIDUALLY AS A "NOTE".
SECTION 2. REPAYMENT.
2.1 THE BORROWER HEREBY AGREES:
(A) TO PAY INTEREST ON THE OUTSTANDING BALANCE OF THE PRINCIPAL OF
THE LOANS MADE UNDER THIS LOA AGREEMENT ON A FIXED SEMIANNUAL BASIS,
SUCH INTEREST PAYMENTS TO BEGIN __________, 19__, AND THEREAFTER ON
__________, 19__, AND EACH __________ AND __________ FOLLOWING, UNTIL
THE ENTIRE PRINCIPAL OF THE LOANS SHALL HAVE BEEN REPAID; AND
(B) TO REPAY THE PRINCIPAL OF THE LOANS MADE UNDER THIS LOAN
AGREEMENT IN ACCORDANCE WITH THE PRINCIPAL REPAYMENT SCHEDULE SET FORTH
IN EXHIBIT C ANNEXED HERETO.
(I) IF ON ANY INSTALLMENT REPAYMENT DATE SET FORTH IN THE PRINCIPAL
REPAYMENT SCHEDULE THE BORROWER SHALL NOT HAVE AVAILED ITSELF OF THE
COMMITMENT OF THE UNDERSIGNED IN AN AGGREGATE AMOUNT (LESS REPAYMENTS
PREVIOUSLY MADE) EQUAL TO THE AGGREGATE INSTALLMENT OF PRINCIPAL WHICH
IS REPAYABL ON SUCH DATE TO THE UNDERSIGNED, THE BORROWER SHALL, ON SUCH
INSTALLMENT REPAYMENT DATE, REPAY TO THE UNDERSIGNED THE FULL AMOUNT
(LESS REPAYMENTS PREVIOUSLY MADE) TO WHICH IT HAS AVAILED ITSELF OF THE
COMMITMENT OF THE UNDERSIGNED TO SUCH DATE, TOGETHER WITH THE INTEREST
ACCRUED THEREON. IF AT ANY TIME THEREAFTER THE BORROWER SHALL AVAIL
ITSELF OF THE COMMITMENT OF THE UNDERSIGNED IN AN AMOUNT WHICH WOULD
HAVE BEEN PAYABLE ON A PRIOR INSTALLMENT REPAYMENT DATE BUT FOR THE
PROVISIONS O THE IMMEDIATELY PRECEDING SENTENCE, SUCH AMOUNT, TOGETHER
WITH INTEREST ACCRUED THEREON, SHALL BE REPAYABLE ON THE NEXT SUCCEEDING
INSTALLMENT DATE OF THE PRINCIPAL REPAYMENT SCHEDULE OCCURRING AFTER THE
DISBURSEMENT OF SUCH AMOUNT AND THE SAID AGGREGATE INSTALLMENT OF
PRINCIPAL REPAYABLE UNDER THE PRINCIPAL REPAYMENT SCHEDULE TO THE
UNDERSIGNED ON THAT DATE SHALL BE INCREASED BY SUCH AMOUNT.
(II) IF BY THE DATE SPECIFIED IN PARAGRAPH 1.1 ABOVE, THE BORROWER
SHALL NOT HAVE AVAILED ITSELF OF THE ENTIRE AMOUNT OF THE COMMITMENT,
THE INSTALLMENTS OF PRINCIPAL REPAYABLE TO THE UNDERSIGNED SET FORTH IN
THE PRINCIPAL REPAYMENT SCHEDULE SHALL BE REDUCED IN THE INVERSE ORDER
OF THE MATURITY THEREOF TO THE EXTENT OF THE UNUSED BALANCE OF THE
COMMITMENT.
2.2 THE UNDERSIGNED MAY SELL OR ASSIGN, AT ANY TIME, IN WHOLE OR IN
PART, ANY ONE OR MORE OF THE NOTES AND/OR ITS RIGHTS TO RECEIVE
REPAYMENTS.
2.3 EACH NOTE SHALL BE DATED THE DISBURSEMENT DATE OF THE LOAN WHICH
SUCH NOTE EVIDENCES AND SHALL BEAR INTEREST AT A RATE OF PERCENT ( %)
PER ANNUM ON THE UNPAID PRINCIPAL AMOUNT OF SUCH NOTE UNTIL SUCH AMOUNT
SHALL BE PAID IN FULL. SUCH INTEREST ON EACH NOTE SHALL BE PAYABLE WIT
THE PRINCIPAL AS PROVIDED IN 2.1. THE NOTES SHALL BE COMPLETED BY THE
BORROWER IN SUCH A MANNER THAT REPAYMENT OF SUCH LOANS SHALL BE MADE IN
THE ORDER OF THEIR DISBURSEMENT, UTILIZING THE PRINCIPAL REPAYMENT
SCHEDULE SET FORTH IN EXHIBIT C (AS THE SAME MAY BE ADJUSTED IN
ACCORDANCE WITH SECTIONS 2.1(B)(I) AND 2.1(B)(II) HEREOF), AND, IN
DETERMINING WHETHER A PARTICULAR LOAN IS PAYABLE IN ONE OR MORE
INSTALLMENTS, UTILIZING A PARTICULAR INSTALLMENT PAYMENT DATE ONLY AFTER
THE FULL UTILIZATION OF THE NEXT PRECEDING INSTALLMENT DATE.
2.4 THE BORROWER MAY, WITH THE PRIOR WRITTEN CONSENT OF THE
UNDERSIGNED, WHICH CONSENT WILL NOT BE UNREASONABLY WITHHELD, PREPAY ANY
OF THE NOTES HELD BY THE UNDERSIGNED, IN WHOLE OR IN PART, ON ANY
REPAYMENT DATE, WITH ACCRUED INTEREST TO THE DATE OF SUCH PREPAYMENT ON
THE AMOUNT PREPAID.
2.5 WHENEVER ANY PAYMENTS HEREUNDER OR UNDER ANY NOTE SHALL BE DUE ON
A SATURDAY, SUNDAY OR PUBLIC HOLIDAY UNDER THE LAWS OF THE DISTRICT OF
COLUMBIA, SUCH PAYMENT MAY BE MADE ON THE NEXT SUCCEEDING BUSINESS DAY,
AND SUCH EXTENSION OF TIME SHALL, IN SUCH CASE, BE INCLUDED IN COMPUTING
INTEREST IN CONNECTION WITH SUCH PAYMENT, BUT EXCLUDED FROM THE NEXT
INTEREST PERIOD.
2.6. ALL PAYMENTS BY THE BORROWER TO THE UNDERSIGNED UNDER THIS LOAN
AGREEMENT AND ON THE NOTES, INCLUDING WITHOUT LIMITATION PAYMENTS OF
PRINCIPAL OF, AND INTEREST ON, THE NOTES AND PAYMENT OF AN COMMITMENT
FEES OR OTHER FEES OR EXPENSES HEREUNDER, SHALL BE PAYABLE TO THE
UNDERSIGNED AT THE ADDRESS SET FORTH IN SECTION 7.3 HEREOF IN U.S.
DOLLARS AND IN IMMEDIATELY AVAILABLE FUNDS.
SECTION 3. REPRESENTATIONS AND WARRANTIES.
THE UNDERSIGNED HAS ENTERED INTO THIS LOAN AGREEMENT AND WILL MAKE
THE LOANS PROVIDED FOR HEREIN ON THE BASIS OF THE FOLLOWING
REPRESENTATIONS AND WARRANTIES OF THE BORROWER:
3.1 THE BORROWER HAS FULL POWER, AUTHORITY AND LEGAL RIGHT TO INCUR
THE INDEBTEDNESS CONTEMPLATE IN THIS LOAN AGREEMENT ON THE TERMS AND
CONDITIONS CONTAINED HEREIN, AND TO EXECUTE, DELIVER AND PERFORM THIS
LOAN AGREEMENT AND THE NOTES;
3.2 THE EXECUTION, DELIVERY AND PERFORMANCE OF THIS LOAN AGREEMENT
AND THE NOTES WILL NOT VIOLAT ANY PROVISIONS OF, AND HAVE BEEN DULY AND
VALIDLY AUTHORIZED UNDER, THE LAWS OF THE BORROWER, AND ALL ACTIONS
NECESSARY TO AUTHORIZE THE BORROWINGS HEREUNDER AND THE EXECUTION,
DELIVERY AND PERFORMANCE OF THIS LOAN AGREEMENT AND THE NOTES HAVE BEEN
DULY TAKEN; AND
3.3 THIS LOAN AGREEMENT HAS BEEN, AND EACH OF THE NOTES WHEN ISSUED
WILL BE, DULY EXECUTED AND DELIVERED BY PERSONS THEREUNTO DULY
AUTHORIZED, AND THIS LOAN AGREEMENT CONSTITUTES, AND EACH OF TH NOTES
WHEN ISSUED WILL CONSTITUTE, THE VALID, LEGALLY BINDING, DIRECT AND
UNCONDITIONAL GENERAL OBLIGATION OF THE BORROWER, ENFORCEABLE IN
ACCORDANCE WITH ITS RESPECTIVE TERMS.
SECTION 4. CONDITIONS OF LENDING.
4.1 THE OBLIGATION OF THE UNDERSIGNED TO MAKE THE INITIAL LOAN TO BE
MADE BY IT HEREUNDER IS SUBJECT TO THE CONDITION PRECEDENT THAT, PRIOR
TO THE FIRST DISBURSEMENT DATE, IT SHALL HAVE RECEIVED AN OPINION IN THE
ENGLISH LANGUAGE OF THE ATTORNEY GENERAL OF THE GOVERNMENT OF __________
DATED THE DATE OF THE INITIAL DISBURSEMENT DATE, TO THE SAME EFFECT AS
SECTIONS 3.1, 3.2, AND 3.3 HEREOF, AND TO THE FURTHER EFFECT THAT
SPECIFIED OFFICIALS OF THE BORROWER IDENTIFIED BY NAME AND TITLE IN SUCH
OPINION ARE DULY AUTHORIZED TO EXECUTE AND DELIVER THIS LOAN AGREEMENT,
THE NOTES AND SUCH OTHER DOCUMENTS AS MAY BE REQUIRED HEREUNDER ON
BEHALF OF THE BORROWER, TO ESTABLISH AND DRAW UPON AN ACCOUNT OF THE
BORROWER AT THE BANK TO WHICH ACCOUNT THE UNDERSIGNED SHALL DISBURSE THE
PROCEEDS OF ALL BORROWINGS HEREUNDER, AND TO CERTIFY TO SUCH BANK ON
BEHALF OF THE BORROWER THE IDENTITY, NAMES AND TITLES OF ANY OTHER OR
ADDITIONAL OFFICIALS OF THE BORROWER WHO THEREAFTER MAY BE SO
AUTHORIZED.
4.2 THE OBLIGATION OF THE UNDERSIGNED TO MAKE THE INITIAL LOAN TO BE
MADE BY IT HEREUNDER IS SUBJECT TO THE FURTHER CONDITIONS PRECEDENT
THAT, PRIOR TO THE FIRST DISBURSEMENT, IT SHALL HAVE RECEIVED:
(A) THE GUARANTY OF THE UNITED STATES (THE "GUARANTY"), EXECUTED BY
DOD, GUARANTYING IT AGAINST ALL POLITICAL AND CREDIT RISKS OF NONPAYMENT
OF THE OBLIGATIONS OF THE BORROWER TO THE UNDERSIGNED HEREUNDER
(INCLUDING THE ENTIRE AMOUNT OF THE PRINCIPAL LOANED BY THE UNDERSIGNED
HEREUNDER AND INTEREST THEREON AT THE RATE DETERMINED AS SPECIFIED
HEREIN, BUT EXCLUDING ANY AMOUNTS OWING FOR COMMITMENT FEES OR OTHER
FEES OR EXPENSES), UP TO A MAXIMUM AGGREGATE LIABILITY TO THE
UNDERSIGNED UNDER THE GUARANTY ON THE PART OF THE UNITED STATES OF
$__________ DOLLARS (U.S. $__________), PURSUANT TO THE ACT; AND
(B) AN OPINION OF THE GENERAL COUNSEL OF DOD, TO THE EFFECT THAT (I)
DOD HAS FULL POWER, AUTHORITY AND LEGAL RIGHT TO EXECUTE, DELIVER AND
PERFORM THE GUARANTY, (II) THE GUARANTY HAS BEEN EXECUTED IN ACCORDANCE
WITH AND PURSUANT TO THE TERMS AND PROVISIONS OF THE ACT AND DOD HAS
NOT, IN ISSUING THE GUARANTY, EXCEEDED THE MAXIMUM AMOUNT OF GUARANTIES
AUTHORIZED TO BE ISSUED UNDER THE ACT, (III) THE GUARANTY HAS BEEN DULY
EXECUTED AND DELIVERED BY A DULY AUTHORIZED REPRESENTATIVE OF DOD, AND
(IV) THE GUARANTY CONSTITUTES THE VALID AND LEGALLY BINDING OBLIGATION
OF THE UNITED STATES, ENFORCEABLE IN ACCORDANCE WITH THE TERMS THEREOF
AND BACKED BY THE FULL FAITH AND CREDIT OF THE UNITED STATES.
4.3 THE OBLIGATION OF THE UNDERSIGNED TO MAKE ANY LOAN TO BE MADE BY
IT HEREUNDER, INCLUDING THE INITIAL LOAN, IS SUBJECT TO THE FURTHER
CONDITIONS PRECEDENT THAT:
(A) NO EVENT OF DEFAULT WITHIN THE MEANING OF SECTION 6 OF THIS LOAN
AGREEMENT, AND NO OTHER DEFAULT WITH RESPECT TO ANY OF THE NOTES, SHALL
HAVE OCCURRED;
(B) THE UNDERSIGNED SHALL HAVE RECEIVED A NOTE OR NOTES PAYABLE TO
ITS ORDER (OR TO THE ORDER OF SUCH OTHER PERSON OR PERSONS AS THE
UNDERSIGNED MAY SPECIFY) IN THE AMOUNT OF THE PARTICULAR LOAN, EXECUTED
BY THE DULY AUTHORIZED REPRESENTATIVES OF THE BORROWER;
(C) THE UNDERSIGNED SHALL HAVE RECEIVED THE DOCUMENTATION SPECIFIED
IN EXHIBIT A ANNEXED HERETO, EXECUTED BY THE DULY AUTHORIZED
REPRESENTATIVES OF THE BORROWER; AND
(D) ALL LEGAL MATTERS INCIDENT TO THE GUARANTY AND THE TRANSACTIONS
CONTEMPLATED BY THIS LOAN AGREEMENT SHALL BE SATISFACTORY TO THE COUNSEL
OF THE UNDERSIGNED.
SECTION 5. COVENANTS.
THE BORROWER COVENANTS AND AGREES THAT FROM AND AFTER THE DATE OF
THIS LOAN AGREEMENT AND SO LONG AS ANY AMOUNTS REMAIN UNPAID ON ACCOUNT
OF THE NOTES OR OTHERWISE UNDER THIS LOAN AGREEMENT:
(A) ALL PAYMENTS ON ACCOUNT OF THE PRINCIPAL OF, AND INTEREST ON, THE
NOTES, COMMITMENT FEES AND OTHER FEES AND EXPENSES SHALL BE MADE FREE
AND CLEAR OF, AND WITHOUT DEDUCTION FOR, ANY AND ALL TAXES, LEVIES,
IMPOSTS, DUTIES, FEES, CHARGES, DEDUCTIONS, WITHHOLDINGS, RESTRICTIONS
OR CONDITIONS OF ANY NATURE WHATSOEVER NOW OR HEREAFTER IMPOSED, LEVIED,
COLLECTED OR ASSESSED WITH RESPECT THERETO BY THE BORROWER OF ANY
CENTRAL OR LOCAL AUTHORITY THEREOF OR THEREIN;
(B) ANY CLAIM WHICH IT MAY NOW OR HEREAFTER HAVE AGAINST ANY PERSON,
CORPORATION, FIRM OR ASSOCIATION OR OTHER ENTITY (INCLUDING WITHOUT
LIMITATION, THE UNITED STATES, DOD, ANY BANK, ANY ASSIGNEE OF ANY BANK,
AND ANY SUPPLIER OF THE DEFENSE ITEMS) IN CONNECTION WITH ANY
TRANSACTION, FO ANY REASON WHATSOEVER, SHALL NOT AFFECT THE OBLIGATION
OF THE BORROWER TO MAKE THE PAYMENTS REQUIRE TO BE MADE TO THE
UNDERSIGNED UNDER THIS LOAN AGREEMENT, OR UNDER THE NOTES, AND SHALL NOT
BE USED OR ASSERTED AS A DEFENSE TO THE PAYMENT OF SUCH OBLIGATION OR AS
A SETOFF, COUNTERCLAIM, OR DEDUCTION AGAINST SUCH PAYMENTS;
(C) IT WILL PAY ANY AND ALL STAMP TAXES AND OTHER TAXES OF SIMILAR
CHARACTER, IF ANY, NOW OR HEREAFTER IN EFFECT, IMPOSED WITH RESPECT TO
THIS LOAN AGREEMENT OR THE NOTES (INCLUDING, WITHOUT LIMITATION, ANY
UNITED STATES INTEREST EQUALIZATION TAX OR SIMILAR FUTURE TAX), AND WILL
SAVE THE HOLDER OF ANY NOTE HARMLESS FROM ANY AND ALL LOSSES OR
LIABILITIES WITH RESPECT TO OR RESULTING FRO ANY DELAY OR OMISSION TO
PAY SUCH TAXES.
(D) ANY LEGAL ACTION OR PROCEEDING AGAINST IT BY THE UNDERSIGNED WITH
RESPECT TO THIS LOAN AGREEMENT OR THE NOTES MAY BE BROUGHT IN THE
SUPERIOR COURT OF THE DISTRICT OF COLUMBIA OR IN THE UNITED STATES
DISTRICT COURT FOR THE DISTRICT OF COLUMBIA OR IN THE COURTS OF THE
BORROWER, AS THE UNDERSIGNED MAY ELECT, AND BY EXECUTION AND DELIVERY OF
THIS LOAN AGREEMENT, THE BORROWER SUBMITS T EACH SUCH JURISDICTION. IN
THE CASE OF THE SUPERIOR COURT OF THE DISTRICT OF COLUMBIA OR OF THE
UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA, THE BORROWER
CONSENTS TO THE SERVICE OF PROCESS OUT OF SAID COURTS BY MAILING COPIES
OF SUCH PROCESS BY REGISTERED UNITED STATES MAIL, POSTAGE PAID, TO IT AT
ITS ADDRESS SET FORTH IN SECTION 7.3 HEREOF; AND __________.
(E) ALL LOANS MADE HEREUNDER SHALL BE UTILIZED SOLELY FOR THE
PROCUREMENT OF THE DEFENSE ITEMS PURSUANT TO PURCHASE ARRANGEMENTS
AUTHORIZED BY DOD.
SECTION 6. DEFAULTS.
UPON THE OCCURRENCE OF ANY OF THE FOLLOWING EVENTS OR DEFAULT:
(A) IF THE BORROWER FAILS FOR A PERIOD OF TEN (10) DAYS TO MAKE ANY
PAYMENT OF PRINCIPAL OF, OR INTEREST ON, ANY NOTE OR OF ANY COMMITMENT
FEE HEREUNDER, WHEN DUE; OR __________.
(B) IF ANY REPRESENTATION OR WARRANTY MADE BY THE BORROWER HEREIN OR
IN ANY CERTIFICATE FURNISHE BY THE BORROWER PURSUANT HERETO, PROVES TO
BE AT ANY TIME INCORRECT IN ANY MATERIAL RESPECT; OR
(C) IF THE BORROWER DEFAULTS IN THE PERFORMANCE OF ANY OTHER TERM,
COVENANT OR AGREEMENT CONTAINED IN THIS LOAN AGREEMENT, AND SUCH DEFAULT
SHALL CONTINUE UNREMEDIED FOR THIRTY (30) DAYS AFTER WRITTEN NOTICE
THEREOF SHALL HAVE BEEN GIVEN TO THE BORROWER BY THE UNDERSIGNED;
THEN, AND IN ANY SUCH EVENT, THE HOLDER OF ANY NOTE MAY DECLARE
IMMEDIATELY DUE AND PAYABLE THE UNPAID PRINCIPAL OF, AND ACCRUED
INTEREST ON, ALL NOTES HELD BY SUCH HOLDER AND SUCH AMOUNTS SHALL BECOME
IMMEDIATELY DUE AND PAYABLE WITHOUT PROTEST, PRESENTMENT, NOTICE OR
OTHER DEMAND OF ANY KIND ALL OF WHICH ARE HEREBY EXPRESSLY WAIVED BY THE
BORROWER, AND THE UNDERSIGNED MAY TERMINATE ITS COMMITMENT HEREUNDER.
SECTION 7. MISCELLANEOUS.
7.1 UPON THE EXECUTION OF THIS LOAN AGREEMENT, THE BORROWER SHALL PAY
TO THE UNDERSIGNED THE AGGREGATE SUM OF $__________ IN PAYMENT OF THE
FEE CHARGED BY DOD WITH RESPECT TO THE GUARANTY.
7.2 NO FAILURE TO EXERCISE AND NO DELAY IN EXERCISING ON THE PART OF
THE UNDERSIGNED, ANY RIGHT, POWER OR PRIVILEGE HEREUNDER SHALL OPERATE
AS A WAIVER THEREOF, NOR SHALL ANY SINGLE OR PARTIAL EXERCISE OF ANY
RIGHT, POWER OR PRIVILEGE PRECLUDE ANY OTHER OR FURTHER EXERCISE
THEREOF, OR THE EXERCISE OF ANY OTHER POWER OR RIGHT. THE RIGHTS AND
REMEDIES HEREIN PROVIDED ARE CUMULATIVE AND NOT EXCLUSIVE OF ANY RIGHTS
OR REMEDIES PROVIDED IN THIS LOAN AGREEMENT.
7.3 EXCEPT AS OTHERWISE PROVIDED IN THIS LOAN AGREEMENT, ALL NOTICES,
REQUESTS OR DEMANDS HEREUNDER SHALL BE DEEMED TO HAVE BEEN GIVEN OR MADE
UPON THE MAILING OF THE SAME BY AIR MAIL, POSTAGE PREPAID, OR IN THE
CASE OF TELEGRAPHIC NOTICE, ON DELIVERY TO THE TELEGRAPH COMPANY,
ADDRESSED IN THE CASE OF THE BORROWER TO THE EMBASSY OF THE GOVERNMENT
OF __________, IN WASHINGTON D.C., AND IN THE CASE OF THE UNDERSIGNED TO
__________ OR TO SUCH OTHER ADDRESSES AS ANY PARTY MAY FROM TIME TO TIME
HEREAFTER DESIGNATE IN WRITING TO THE OTHER.
7.4 THIS LOAN AGREEMENT AND THE NOTES SHALL BE CONSTRUED AND
INTERPRETED IN ACCORDANCE WITH THE LAWS OF THE DISTRICT OF COLUMBIA,
UNITED STATES OF AMERICA, UNLESS PRIOR TO THE EXECUTION OF THIS LOAN
AGREEMENT AND THE NOTES THE PARTIES HERETO HAVE BY WRITTEN STIPULATION
AGREED THAT THE LAWS OF ANOTHER JURISDICTION OF THE UNITED STATES SHALL
BE APPLIED.
7.5 THIS LOAN AGREEMENT SHALL BE BINDING UPON AND INURE TO THE
BENEFIT OF THE BORROWER AND THE UNDERSIGNED AND THEIR RESPECTIVE
SUCCESSORS AND ASSIGNS, EXCEPT THAT THE BORROWER MAY NOT ASSIGN IT
RIGHTS HEREUNDER WITHOUT THE PRIOR WRITTEN CONSENT OF THE UNDERSIGNED.
ALL AGREEMENTS, COVENANTS, REPRESENTATIONS AND WARRANTIES MADE HEREIN
SHALL SURVIVE THE DELIVERY OF THE NOTES AND THE MAKING O THE LOANS
HEREUNDER.
7.6 THIS LOAN AGREEMENT MAY BE EXECUTED IN ANY NUMBER OF
COUNTERPARTS, EACH OF WHICH WHEN SO EXECUTED AND DELIVERED SHALL BE AN
ORIGINAL, BUT ALL THE COUNTERPARTS SHALL TOGETHER CONSTITUTE A SINGLE
INSTRUMENT. EXHIBITS A AND B ATTACHED HERETO ARE, BY THIS REFERENCE,
MADE A PART OF THIS LOAN AGREEMENT.
7.7 IN CASE ANY ONE OR MORE OF THE PROVISIONS CONTAINED IN THIS LOAN
AGREEMENT OR IN ANY OF THE NOTES SHOULD BE INVALID, ILLEGAL OR
UNENFORCEABLE IN ANY RESPECT, THE VALIDITY, LEGALITY AND ENFORCEABILITY
OF THE REMAINING PROVISIONS CONTAINED HEREIN AND THEREIN SHALL NOT IN
ANY WAY BE AFFECTED OR IMPAIRED THEREBY.
IN WITNESS WHEREOF, THE PARTIES HERETO HAVE CAUSED THIS LOAN
AGREEMENT TO BE EXECUTED AND SEALED BY THEIR DULY AUTHORIZED OFFICERS
AND REPRESENTATIVES ON THE DAY AND YEAR FIRST ABOVE WRITTEN.
(SEAL)
(SEAL)
EXHIBIT A
DISBURSEMENT PROCEDURES
THE FOLLOWING PROCEDURES AND CONDITIONS SHALL BE COMPLIED WITH PRIOR
TO EACH DISBURSEMENT TO BE MADE BY THE UNDERSIGNED TO THE BORROWER:
1. THE DESIGNATED REPRESENTATIVE OF THE GOVERNMENT OF __________
SHALL EXECUTE AND DELIVER EACH REQUEST FOR DISBURSEMENT TO THE
UNDERSIGNED AT ITS ADDRESS SET FORTH IN SECTION 7.3 OF THE FOREGOIN LOAN
AGREEMENT.
2. EACH REQUEST SHALL BE ACCOMPANIED BY A COPY OF THE WRITTEN
COMMUNICATION FROM DOD AUTHORIZING THE BORROWER TO ENTER INTO THE
PURCHASE ARRANGEMENT(S) PURSUANT TO WHICH THE DISBURSEMENT IS REQUESTED.
3. EACH REQUEST ALSO SHALL BE ACCOMPANIED BY A CERTIFICATION OF THE
BORROWER AS FOLLOWS:
THE GOVERNMENT OF __________ CONFIRMS THAT THE PROCEEDS OF THIS
DISBURSEMENT WILL BE APPLIED ENTIRELY TO THE PAYMENT OF AMOUNTS THAT
HAVE BECOME PROPERLY DUE PURSUANT TO THE PURCHASE ARRANGEMENT(S)
AUTHORIZED BY THE DEPARTMENT OF DEFENSE OF THE UNITED STATES OF AMERICA
IN THE ATTACHED WRITTEN COMMUNICATION. THIS DISBURSEMENT IS REQUESTED
BY THE GOVERNMENT OF __________ PURSUANT TO THE TERMS OF THE LOAN
AGREEMENT OF __________ BETWEEN THE GOVERNMENT OF __________ AND THE
UNDERSIGNED, AND CONFIRMS THAT THE SAID PURCHASE ARRANGEMENT(S)
(WAS/WERE) AUTHORIZED BY THE DEPARTMENT OF DEFENSE OF THE UNITED STATES
OF AMERICA PURSUANT TO THE AFORESAID LOAN AGREEMENT. TH GOVERNMENT OF
__________ FURTHER CONFIRMS THAT THE UNDERSIGNED TO WHICH THIS
CERTIFICATION IS ADDRESSED IS AUTHORIZED TO MAKE THIS DISBURSEMENT BY
CREDITING THE AMOUNT THEREOF TO ACCOUNT NUMBER __________, AT SUCH BANK,
AND THAT __________, WHOSE SIGNATURE APPEARS BELOW, IS (AND, UNTIL
FURTHE WRITTEN NOTICE, SHALL CONTINUE TO BE) AUTHORIZED TO DRAW UPON
SUCH ACCOUNT ON BEHALF OF THE GOVERNMENT OF __________.
SIGNATURE OF THE REPRESENTATIVE OF THE GOVERNMENT OF __________ WHO
IS AUTHORIZED TO DRAW UPON IT ACCOUNT:
__________
GOVERNMENT OF __________
BY (NAME AND TITLE TYPED)
EXHIBIT B
PROMISSORY NOTE
U.S. $__________
FOR VALUE RECEIVED, THE UNDERSIGNED, THE GOVERNMENT OF __________,
HEREBY PROMISES TO PAY TO THE ORDER OF __________, OR ITS ASSIGNS, THE
PRINCIPAL SUM OF __________ UNITED STATES DOLLARS (U.S. $__________) AS
FOLLOWS:
TOGETHER WITH INTEREST ON ANY AND ALL AMOUNTS REMAINING UNPAID
HEREUNDER FROM TIME TO TIME FROM THE DATE HEREOF UNTIL THIS NOTE SHALL
BE PAID IN FULL, PAYABLE SEMIANNUALLY ON __________ AND __________ OF
EACH YEAR FROM THE DATE HEREOF, COMMENCING __________, 197_, AT THE RATE
OF _____ PERCENT (_____%), PER ANNUM. SUCH INTEREST SHALL BE CALCULATED
USING A 365-DAY FACTOR, BOTH PRINCIPAL AND INTEREST TO BE PAYABLE IN
IMMEDIATELY AVAILABLE FUNDS IN LAWFUL MONEY OF THE UNITED STATES OF
AMERICA AT THE OFFICE OF THE PAYEE AT __________, OR AT THE PRINCIPAL
PLACE OF BUSINESS O THE ASSIGNEE. ALL PAYMENTS MADE ON ACCOUNT OF THE
PRINCIPAL AMOUNT HEREUNDER SHALL BE ENDORSED BY THE PAYEE, OR ITS
ASSIGNS, ON THE REVERSE SIDE OF THIS NOTE.
WHENEVER ANY PAYMENT TO BE MADE SHALL BE DUE ON A SATURDAY, SUNDAY,
OR A PUBLIC HOLIDAY UNDER THE LAWS OF THE DISTRICT OF COLUMBIA, SUCH
PAYMENT SHALL BE MADE ON THE NEXT SUCCEEDING BUSINESS DAY, AND SUCH
EXTENSION OF TIME SHALL IN SUCH CASE BE INCLUDED IN COMPUTING INTEREST
IN CONNECTION WITH SUCH PAYMENT, BUT EXCLUDED FROM THE NEXT INTEREST
PERIOD.
THIS NOTE IS ONE OF THE NOTES REFERRED TO IN THE LOAN AGREEMENT DATED
__________, 197_, BETWEEN THE GOVERNMENT OF __________ AND __________.
IT IS ENTITLED TO THE BENEFITS OF AND MAY BE PREPAID ON THE TERMS AND
CONDITIONS SPECIFIED IN SAID LOAN AGREEMENT. PREPAYMENTS SHALL BE
APPLIED TO THE INSTALLMENTS HEREOF IN THE INVERSE ORDER OF THEIR
MATURITY.
ALL PAYMENTS OF PRINCIPAL OF, AND INTEREST ON, THIS NOTE ARE PAYABLE
FREE AND CLEAR OF, AND WITHOUT DEDUCTION FOR, ANY TAXES, LEVIES,
IMPOSTS, DUTIES, FEES, CHARGES, DEDUCTIONS, WITHHOLDINGS, RESTRICTIONS
OR CONDITIONS OF ANY NATURE WHATSOEVER NOW OR HEREAFTER IMPOSED, LEVIED,
COLLECTED OR ASSESSED WITH RESPECT THERETO BY THE GOVERNMENT OF
__________ OR ANY CENTRAL OR LOCAL AUTHORITY THEREOF OR THEREIN.
UPON THE OCCURRENCE OF ANY EVENT OF DEFAULT SPECIFIED IN SAID LOAN
AGREEMENT, THE ENTIRE UNPAID PRINCIPAL HEREOF AND INTEREST HEREON TO THE
DATE OF PAYMENT MAY BE DECLARED TO BE FORTHWITH DUE AND PAYABLE AS
PROVIDED IN SAID LOAN AGREEMENT. THE GOVERNMENT OF __________ PROMISES
TO PAY ALL OUT-OF-POCKET COSTS AND EXPENSES (INCLUDING THE REASONABLE
FEES AND OUT-OF-POCKET EXPENSES OF COUNSEL) IN CONNECTION WITH
COLLECTION AFTER DEFAULT OF THIS NOTE.
GOVERNMENT OF
BY (SEAL)
(NAME AND TITLE TYPED)
EXHIBIT C
PRINCIPAL REPAYMENT SCHEDULE
THE FIRST $__________ OF DISBURSEMENTS ARE REPAYABLE ON __________
THE NEXT $__________ OF DISBURSEMENTS ARE REPAYABLE ON __________
THE NEXT $__________ OF DISBURSEMENTS ARE REPAYABLE ON __________
THE NEXT $__________ OF DISBURSEMENTS ARE REPAYABLE ON __________
THE NEXT $__________ OF DISBURSEMENTS ARE REPAYABLE ON __________
THE NEXT $__________ OF DISBURSEMENTS ARE REPAYABLE ON __________
THE NEXT $__________ OF DISBURSEMENTS ARE REPAYABLE ON __________
THE LAST $__________ OF DISBURSEMENTS ARE REPAYABLE ON __________
KUWAIT 16 AUG 1974 FLITE DOCUMENT NO. 7502449
ARRANGEMENT
TECHNICAL SECURITY ARRANGEMENT
THE SECRETARY OF DEFENSE
WASHINGTON, D.C. 20301
HIS EXCELLENCY SHAIKH SA'AD ABDULLA AL-SALEM
MINISTER OF DEFENCE
MINISTRY OF DEFENCE
KUWAIT, ARABIAN GULF
YOUR EXCELLENCY:
I HAVE THE HONOR TO REFER TO THE ARRANGEMENTS BEING MADE BY WHICH THE
UNITED STATES DEPARTMENT OF DEFENSE IS ASSISTING THE GOVERNMENT OF
KUWAIT TO OBTAIN CERTAIN UNITED STATES CLASSIFIED DEFENSE ARTICLES,
SERVICES, AND INFORMATION FROM UNITED STATES SOURCES. IT IS CONSIDERED
DESIRABLE TO RECORD THE BASIC PRINCIPLES WHICH GOVERN THE HANDLING OF
SUCH CLASSIFIED ITEMS IN ORDER TO FACILITATE THE WORKING OUT OF
PROCEDURES TO SAFEGUARD THEM. THESE PRINCIPLES ARE COMPARABLE TO THOSE
CONTAINED IN ALL UNITED STATES GENERAL AGREEMENTS WITH OTHER COUNTRIES
IN THE WORLD WITH WHIC WE HAVE ARRANGEMENTS FOR THE EXCHANGE OF
CLASSIFIED INFORMATION.
I HAVE THE HONOR TO PROPOSE, THEREFORE, A CONFIRMATION OF THE MUTUAL
UNDERSTANDING THAT, WITH RESPECT TO SUCH CLASSIFIED ITEMS, THE MINISTRY
OF DEFENCE OF THE GOVERNMENT OF KUWAIT, AS THE RECIPIENT, WILL
ACCOMPLISH THE FOLLOWING:
A. WILL NOT DISCLOSE ANY UNITED STATES CLASSIFIED MILITARY
INFORMATION TO A THIRD NATION, TO A NATIONAL OF A THIRD NATION, OR,
EXCEPT AS PROVIDED FOR HEREIN, TO ANY PERSON OR ORGANIZATION OUTSID YOUR
MINISTRY WITHOUT THE PRIOR WRITTEN CONSENT OF THE DEPARTMENT OF DEFENSE
OF THE UNITED STATES;
B. WILL RETAIN ANY UNITED STATES CLASSIFIED MILITARY INFORMATION
ENTIRELY WITHIN THE JURISDICTIO OF THE MINISTRY OF DEFENCE AND SUCH
OTHER PERSONS AS MAY BE MUTUALLY AGREED TO, AND UNDERTAKE TO AFFORD SUCH
UNITED STATES CLASSIFIED INFORMATION SUBSTANTIALLY THE SAME DEGREE OF
SECURITY PROTECTION AS IS GIVEN TO IT BY THE UNITED STATES;
C. WILL USE UNITED STATES CLASSIFIED MILITARY INFORMATION FOR
MILITARY PURPOSES ONLY;
D. WILL RESPECT ANY PROPRIETARY RIGHTS, SUCH AS PATENTS, PATENT
APPLICATIONS HELD UNDER SECRECY ORDER, COPYRIGHTS, OR TRADE SECRETS
WHICH ARE INVOLVED IN THE INFORMATION;
E. WILL REPORT PROMPTLY AND FULLY TO THE DEPARTMENT OF DEFENSE ANY
KNOWN OR SUSPECTED COMPROMISE OF UNITED STATES CLASSIFIED MILITARY
INFORMATION RELEASED TO YOUR MINISTRY.
FOR THESE PURPOSES, INFORMATION IS UNDERSTOOD IN ITS BROADEST SENSE
TO INCLUDE, AMONG OTHER THINGS, ANY DOCUMENT, WRITING, SKETCH,
PHOTOGRAPH, PLAN, MODEL, SPECIFICATION, DESIGN, OR PROTOTYPE WHETHER
COMMUNICATED BY ORAL, VISUAL, OR WRITTEN MEANS, OR BY TRANSFER OF
ARTICLES, EQUIPMENT, OR MATERIALS.
THIS UNDERSTANDING WILL APPLY TO ALL TRANSMISSIONS OF UNITED STATES
INFORMATION TO YOUR DEFENCE AGENCY, AND AUTHORIZED OFFICIALS THEREOF, BY
REPRESENTATIVES OF THE UNITED STATES, OR BY ANY OTHER MEANS. THIS
UNDERSTANDING, OF COURSE, WILL NOT RESTRICT THE COMMUNICATION OF SUCH
CLASSIFIED INFORMATION TO THOSE OF HIS ADVISORS WHOM HIS HIGHNESS, THE
AMIR, MIGHT AUTHORIZE TO ACT PURSUANT T THIS UNDERSTANDING.
IN ORDER TO ASSURE THAT THE DETAILED MEASURES TO BE TAKEN BY THE
AUTHORITIES OF OUR TWO DEFENSE AGENCIES WITH RESPECT TO THE FOREGOING
STATEMENT OF PRINCIPLES ARE ADEQUATE TO PROTECT THE SECURITY OF THESE
ARTICLES, SERVICES, AND INFORMATION, I AM ENCLOSING AN APPENDIX ENTITLED
"TECHNICAL SECURITY ARRANGEMENT BETWEEN THE MINISTRY OF DEFENCE OF
KUWAIT AND THE DEPARTMENT OF DEFENSE (DOD) OF THE UNITED STATES
CONCERNING SPECIAL SECURITY MEASURES FOR THE SAFEGUARDING OF CERTAIN
UNITED STATES CLASSIFIED MILITARY ARTICLES, SERVICES AND INFORMATION."
IF THE FOREGOING STATEMENT OF PRINCIPLES AND THE TECHNICAL
ARRANGEMENT ARE AGREEABLE TO YOUR MINISTRY, I PROPOSE THAT THIS LETTER
AND YOUR REPLY TO THAT EFFECT SHALL CONSTITUTE AN AGREEMENT WITH RESPECT
TO THEM, EFFECTIVE THE DATE OF YOUR REPLY.
SINCERELY,
SIGNED
TECHNICAL SECURITY ARRANGEMENT BETWEEN THE MINISTRY OF DEFENCE OF
KUWAIT AND THE DEPARTMENT OF DEFENSE (DOD) OF THE UNITED STATES
CONCERNING SPECIAL SECURITY MEASURES FOR THE SAFEGUARDING OF CERTAIN
UNITED STATES CLASSIFIED MILITARY ARTICLES, SERVICES AND INFORMATION
IN FURTHERANCE OF THE MUTUAL COOPERATION OF KUWAIT AND THE UNITED
STATES, THE MINISTER OF DEFENCE OF KUWAIT AND THE SECRETARY OF DEFENSE
OF THE UNITED STATES, AGREE TO CARRY OUT SPECIAL SECURITY MEASURES TO
PROTECT UNITED STATES MILITARY INFORMATION CLASSIFIED THROUGH SECRET
AGAINST SABOTAGE, ESPIONAGE, UNAUTHORIZED ACCESS OR ANY OTHER HOSTILE
ACTIVITY, AS FOLLOWS:
I. PERSONNEL SECURITY
A. NO PERSON SHALL BE ENTITLED TO ACCESS TO UNITED STATES CLASSIFIED
MILITARY INFORMATION SOLELY BY VIRTUE OF RANK, APPOINTMENT, OR SECURITY
CLEARANCE. ACCESS TO CLASSIFIED INFORMATION SHALL BE GRANTED ONLY TO
THOSE INDIVIDUALS WHOSE OFFICIAL DUTIES REQUIRE SUCH ACCESS AND WHO HAVE
BEEN INVESTIGATED AND CLEARED FOR ACCESS IN ACCORDANCE WITH PRESCRIBED
STANDARDS. CLASSIFIED MILITARY INFORMATION OR MATERIAL SHALL NOT BE
DISSEMINATED OR RELEASED TO ANY PERSON WHO IS NOT (1) A NATIONAL OF
KUWAIT, OR (2) A MEMBER OF THE ARMED FORCES OF THE UNITED STATES OR A
UNITED STATES CITIZEN HOLDING DEPARTMENT OF DEFENSE CLEARANCE AT THE
PROPER LEVEL.
BEFORE GRANTING AN INDIVIDUAL ACCESS TO CLASSIFIED MILITARY
INFORMATION, THE MINISTRY OF DEFENCE SHALL MAKE A SECURITY DETERMINATION
AS TO SUCH PERSON'S ELIGIBILITY.
B. THE DETERMINATION AS TO WHETHER THE GRANTING OF A CLEARANCE IS
CONSISTENT WITH THE INTERESTS OF SECURITY SHALL BE BASED UPON ALL
AVAILABLE INFORMATION INDICATING WHETHER SUCH INDIVIDUAL IS OF (1)
UNQUESTIONED LOYALTY, INTEGRITY, AND TRUSTWORTHINESS, AND (2) EXCELLENT
CHARACTER, AND OF SUCH HABITS AND ASSOCIATES AS TO CAST NO DOUBT UPON
HIS DISCRETION OR GOOD JUDGMENT IN THE HANDLING OF CLASSIFIED
INFORMATION.
C. AN APPROPRIATE INVESTIGATION, IN SUFFICIENT DETAIL TO PROVIDE
ASSURANCE THAT THE CRITERIA IN SUBPARAGRAPHS I.B. (1) AND (2) ABOVE HAVE
BEEN MET, SHALL BE CONDUCTED BY THE MINISTRY OF DEFENCE WITH RESPECT TO
ANY PERSON TO BE GRANTED ACCESS TO US CLASSIFIED INFORMATION OR
MATERIAL.
D. SUCH INVESTIGATION SHALL INCLUDE THE FOLLOWING:
1. CITIZENSHIP. THE INDIVIDUAL'S KUWAITI CITIZENSHIP IS
ESTABLISHED.
2. A REVIEW OF THE SECURITY AND INTELLIGENCE RECORDS AND FILES OF
THE SPECIAL OFFICE OF THE KUWAIT ARMY SHALL BE MADE FOR PERTINENT FACTS
HAVING A BEARING ON THE LOYALTY AND TRUSTWORTHINESS O THE INDIVIDUAL.
E. EACH ESTABLISHMENT HANDLING UNITED STATES CLASSIFIED MILITARY
INFORMATION SHALL MAINTAIN A REGISTRY OF THE CLEARANCES OF PERSONNEL
AUTHORIZED TO HAVE ACCESS TO SUCH INFORMATION AT THAT ESTABLISHMENT.
SECURITY CLEARANCES GRANTED AND THE INVESTIGATIVE FILES UPON WHICH SUCH
CLEARANCES WERE GRANTED SHALL BE MAINTAINED IN A CENTRAL REPOSITORY OF
THE MINISTRY OF DEFENCE. RECORDS SHALL REFLECT THE DATES OF
INVESTIGATIONS, THE LOCATIONS OF THE INVESTIGATIVE FILES, THE DATES
CLEARANCES WERE GRANTED, THE NAME OF THE AUTHORIZED PERSON GRANTING
CLEARANCES, AND THE DEGREES OF ACCESS TO WHICH THE INDIVIDUALS ARE
AUTHORIZED. EACH CLEARANCE SHALL BE RE-EXAMINED AS A MATTER OF PRIORITY
WHEN NEW INFORMATION IS RECEIVED WHICH INDICATES THAT CONTINUED ACCESS
TO SUCH CLASSIFIED INFORMATION MAY NO LONGER BE CONSISTENT WITH THE
INTERESTS OF SECURITY.
II. SUPPLEMENTAL SECURITY PRINCIPLES AND PRACTICES
A. THE MINISTRY OF DEFENCE SHALL BE RESPONSIBLE FOR ADMINISTERING THE
SECURITY MEASURES CONTAINE HEREIN UNDER THE STANDARDS SET FORTH.
B. THE MINISTRY OF DEFENCE SHALL BE RESPONSIBLE FOR THE SECURITY OF
THE FACILITIES AND ESTABLISHMENTS WHERE UNITED STATES CLASSIFIED
MILITARY INFORMATION AND MATERIAL ARE AVAILABLE, INCLUDING TRAINING AND
MAINTENANCE INSTALLATIONS, AND SHALL APPOINT QUALIFIED OFFICERS OF THE
MINISTRY OF DEFENCE FOR EACH SUCH FACILITY OR ESTABLISHMENT WHO SHALL
HAVE AUTHORITY AND RESPONSIBILITY FOR THE CONTROL AND PROTECTION OF
CLASSIFIED MILITARY INFORMATION IN THE FACILITY OR ESTABLISHMENT.
C. AUTHORIZATIONS FOR VISITS TO AREAS WHERE ACCESS TO CLASSIFIED
UNITED STATES MILITARY INFORMATION IS AVAILABLE SHALL BE LIMITED TO
THOSE NECESSARY FOR OFFICIAL PURPOSES. AUTHORIZATIONS TO VISIT SUCH AN
AREA SHALL BE GRANTED ONLY BY THE MINISTRY OF DEFENCE OF KUWAIT. THE
MINISTRY OF DEFENCE SHALL BE RESPONSIBLE FOR ADVISING THE APPROPRIATE
PERSONNEL AT THE PARTICULAR FACILITY OR ESTABLISHMENT OF THE PROPOSED
VISIT, AND THE SCOPE AND HIGHEST CLASSIFICATION OF INFORMATION THAT MAY
BE FURNISHED TO THE VISITOR.
D. THE MINISTRY OF DEFENCE SHALL SUBMIT REQUESTS FOR VISITS TO
INDUSTRIAL INSTALLATIONS WITHIN THE UNITED STATES TO THE EMBASSY OF
KUWAIT, WASHINGTON, D.C., FOR TRANSMITTAL TO THE FOREIGN LIAISO OFFICE
OF THE APPROPRIATE MILITARY DEPARTMENT, PENTAGON, WASHINGTON, D.C. SUCH
REQUESTS SHALL INCLUDE A STATEMENT OF THE SECURITY CLEARANCE AND
OFFICIAL STATION OF THE VISITOR AND THE NECESSITY FOR THE VISIT.
III. PHYSICAL SECURITY
A. SECURITY RESPONSIBILITY COMMENCES UPON RECEIPT OF THE CLASSIFIED
DOCUMENTS BY, OR UPON THE PASSING OF TITLE OF THE CLASSIFIED EQUIPMENT
TO AN AUTHORIZED REPRESENTATIVE OF THE GOVERNMENT OF KUWAIT IN THE
UNITED STATES, OR UPON ARRIVAL OF A SHIP IN PORT IN KUWAIT, OR THE
LANDING OF AN AIRPLANE AT AN AIRPORT IN KUWAIT. ONCE RECEIVED, THE
MINISTRY OF DEFENCE SHALL RETAIN CUSTODY OF ALL SUCH UNITED STATES
CLASSIFIED MILITARY EQUIPMENT, COMPONENTS, AND ASSOCIATED DRAWINGS AND
INSTRUCTIONS WHILE IN TRANSIT OR STORAGE WITHIN KUWAIT.
B. UNITED STATES INFORMATION CLASSIFIED CONFIDENTIAL SHALL BE STORED
IN SAFES OR STEEL CABINETS WITH BUILT-IN COMBINATION LOCKS WHICH ARE
REGULARLY INSPECTED AND PROVEN TO BE SECURE. UNITED STATES INFORMATION
CLASSIFIED SECRET SHALL BE STORED IN SAFES WITH BUILT-IN COMBINATION
LOCKS WHICH ARE CONSIDERED ADEQUATE BY THE MINISTRY OF DEFENCE FOR THE
STORAGE OF KUWAITI INFORMATION CLASSIFIE SECRET. ENTRANCES TO ROOMS AND
AREAS WHERE CLASSIFIED MATERIAL IS STORED SHALL BE UNDER THE
SURVEILLANCE OF ARMED GUARDS ON A 24-HOUR BASIS.
IV. TRANSMISSION
THE MINIMUM REQUIREMENTS FOR THE SECURITY OF UNITED STATES CLASSIFIED
INFORMATION DURING TRANSMISSION SHALL BE AS FOLLOWS:
A. DOCUMENTS. UNITED STATES DOCUMENTS CLASSIFIED THROUGH SECRET
SHALL BE TRANSMITTED IN THE SAM MANNER AS KUWAITI DOCUMENTS OF
EQUIVALENT SECURITY CLASSIFICATION. DOCUMENTS SHALL BE IN DOUBLE SCALED
ENVELOPES, THE INNERMOST BEARING ONLY THE CLASSIFICATION OF THE MATERIAL
ENCLOSED AND THE OUTER ENVELOPE BEARING ONLY THE ADDRESS OF THE
RECIPIENT, THE ADDRESS OF THE SENDER, AND THE REGISTRY NUMBER OF THE
SHIPMENT. NO INDICATION OF THE CLASSIFICATION OF THE ENCLOSED DOCUMENTS
SHALL BE MADE ON THE OUTER ENVELOPE. THE SEALED ENVELOPES SHALL THEN BE
HANDCARRIED BY AN ARMED COURIER. RECEIPTS ARE TO BE OBTAINED ON EVERY
OCCASION WHEN DOCUMENTS CHANGE HANDS ENROUTE; AND, A RECEIPT IS TO BE
ISSUED BY THE FINAL RECIPIENT TO THE ORIGINAL CONSIGNOR.
B. MATERIAL AND EQUIPMENT
1. BY RAIL OR ROAD. CLASSIFIED MATERIAL AND EQUIPMENT SHALL BE
TRANSPORTED IN SEALED COVERED VANS OR CARS, OR SECURELY SHIELDED AND
KEPT UNDER CONTINUOUS GUARD TO PREVENT ACCESS BY UNAUTHORIZE PERSONS.
2. STORAGE ASHORE IN TRANSIT. CLASSIFIED MATERIAL AND EQUIPMENT
WHICH MUST BE STORED ASHORE TEMPORARILY AWAITING TRANSHIPMENT SHALL BE
IN SECURE LOCKED STORAGE OR SEGREGATED AREAS. GUARDS SHALL MAINTAIN
CONTINUOUS SURVEILLANCE OF THE STORAGE, AND ONLY APPROPRIATE SECURITY
PERSONNEL SHAL HAVE CUSTODY OF THE KEY TO THE STORAGE.
3. RECEIPTS. RECEIPTS ARE TO BE OBTAINED ON EVERY OCCASION WHEN
CLASSIFIED MATERIAL AND EQUIPMENT CHANGES HANDS ENROUTE; AND, A RECEIPT
IS TO BE ISSUED BY THE FINAL RECIPIENT TO THE ORIGINAL CONSIGNOR.
C. ELECTRIC MEANS. ALL UNITED STATES CLASSIFIED INFORMATION
TRANSMITTED BY ELECTRIC MEANS SHALL BE ENCRYPTED IN A SYSTEM OF THE SAME
CLASSIFICATION AS THAT OF KUWAITI INFORMATION CLASSIFIED SECRE AND MADE
AVAILABLE TO THE LEAST NUMBER OF COMMANDS, AGENCIES, AND PERSONS TO
ASSURE DELIVERY TO THOSE WHO HAVE A REAL "NEED-TO-KNOW."
V. ACCOUNTABILITY
ACCOUNTABILITY PROCEDURES SHALL BE ESTABLISHED TO CONTROL THE
DISSEMINATION AND PHYSICAL INVENTOR OF CLASSIFIED MILITARY INFORMATION
AND MATERIAL. CONTROL OFFICIALS SHALL BE DESIGNATED TO MAINTAIN
ACCOUNTABILITY REGISTERS FOR THE RECEIPT AND DISPATCH OF CLASSIFIED
DOCUMENTS.
VI. MARKING OF DOCUMENTS
THE MINISTRY OF DEFENCE SHALL STAMP THE NAME OF THE UNITED STATES
GOVERNMENT ON ALL CLASSIFIED DOCUMENTS AND MATERIAL RECEIVED, IN
ADDITION TO THE APPROPRIATE KUWAITI SECURITY CLASSIFICATION MARKING, TO
PREVENT LOSS OF IDENTITY.
VII. DESTRUCTION
A. CLASSIFIED DOCUMENTS, WHEN NO LONGER REQUIRED, SHALL BE DESTROYED
BY BURNING BY AUTHORIZED PERSONNEL SO EFFECTIVELY AS TO PREVENT
COMPROMISE OF THE CLASSIFIED INFORMATION CONTAINED THEREIN.
ACCOUNTABILITY RECORDS SHALL BE MAINTAINED TO REFLECT THE DESTRUCTION OF
CLASSIFIED DOCUMENTS.
B. CLASSIFIED MATERIAL SHALL BE DESTROYED BEYOND RECOGNITION SO AS TO
PRECLUDE RECONSTRUCTION OF THE CLASSIFIED INFORMATION IN WHOLE OR IN
PART.
VIII. REPRODUCTION
WHEN A CLASSIFIED DOCUMENT IS REPRODUCED, ALL ORIGINAL SECURITY
MARKINGS THEREON ALSO SHALL BE REPRODUCED OR PLACED ON EACH
REPRODUCTION. SUCH REPRODUCED DOCUMENTS SHALL BE PLACED UNDER THE SAM
ACCOUNTABILITY CONTROLS AS ARE REQUIRED FOR THE ORIGINAL DOCUMENTS.
IX. TRANSLATION
ALL TRANSLATIONS OF DOCUMENTS OR PORTIONS OF DOCUMENTS CONTAINING
UNITED STATES CLASSIFIED MILITARY INFORMATION SHALL BE MADE BY CLEARED
PERSONNEL BY OR UPON APPROVAL OF THE MINISTRY OF DEFENCE. THE NUMBER OF
COPIES AND THE DISTRIBUTION THEREOF SHALL BE STRICTLY CONTROLLED. SUCH
TRANSLATIONS SHALL BEAR APPROPRIATE SECURITY MARKINGS AND A SUITABLE
NOTATION IN THE LANGUAGE OF TH TRANSLATION INDICATING THAT THE DOCUMENT
CONTAINS CLASSIFIED INFORMATION REQUIRING SPECIAL HANDLING UNDER THESE
ARRANGEMENTS.
X. TEST AND MAINTENANCE
ALL TESTS AND MAINTENANCE OF UNITED STATES CLASSIFIED MATERIAL AND
EQUIPMENT SHALL BE CONDUCTED B (1) MILITARY PERSONNEL OF THE MINISTRY OF
DEFENCE, (2) SUCH UNITED STATES MILITARY OR CIVILIAN TECHNICIANS AS HAVE
BEEN CLEARED FOR SUCH WORK BY THE UNITED STATES DEPARTMENT OF DEFENSE.
SUCH TESTS AND MAINTENANCE WORK SHALL BE CONDUCTED ONLY AT FACILITIES,
INSTALLATIONS, OR ESTABLISHMENTS OF THE MINISTRY OF DEFENCE, OR UNITED
STATES CONTROLLED FACILITIES, OR AS MUTUALLY AGREED.
XI. ACTION IN THE EVENT OF POSSIBLE COMPROMISE
WHEN A POSSIBILITY OF COMPROMISE EXISTS DUE TO APPARENT LOSS OR
MISROUTING OF CLASSIFIED DOCUMENTS, MESSAGES, MATERIAL OR EQUIPMENT, THE
UNITED STATES LIAISON OFFICE, KUWAIT (USLOK) SHALL BE INFORMED
IMMEDIATELY AND AN INVESTIGATION SHALL BE INITIATED BY THE MINISTRY OF
DEFENCE TO DETERMINE THE FULL FACTS IN THE MATTER. RESULTS OF THE
INVESTIGATION AND INFORMATION REGARDING MEASURES TAKEN TO PREVENT
RECURRENCE SHALL BE FORWARDED BY THE MINISTRY OF DEFENCE EXPEDITIOUSLY
TO THE USLOK.
XII. REVIEW OF SECURITY SYSTEMS
IT IS RECOGNIZED THAT EFFECTIVE AND PROMPT IMPLEMENTATION OF THE
FOREGOING SECURITY POLICIES AND PRACTICES CAN BE MATERIALLY ADVANCED
THROUGH VISITS OF SECURITY PERSONNEL. ACCORDINGLY, IT IS AGREED TO
CONTINUE A THOROUGH EXCHANGE OF VIEWS RELATIVE TO SECURITY POLICY,
STANDARDS, AND PROCEDURE. FURTHER, SECURITY WORKING GROUPS OF THE UNITED
STATES DEPARTMENT OF DEFENSE, AFTER PRIOR CONSULTATION WITH THE MINISTRY
OF DEFENCE OF KUWAIT, SHALL BE PERMITTED TO VISIT, EXAMINE, AND VIEW
FIRST HAND, THE IMPLEMENTING PROCEDURES OF THE MINISTRY OF DEFENCE, SUCH
ACTION TO BE UNDERTAKEN WITH A VIEW TO ACHIEVING REASONABLE
COMPARABILITY OF THE SECURITY SYSTEMS OF THE MINISTRY OF DEFENC AND THE
DOD.
KOREA, REPUBLIC OF 17 MAR 1975 FLITE DOCUMENT NO. 7502448
MEMORANDUM OF UNDERSTANDING
THE EXCHANGE AND TRAINING OF REPUBLIC OF KOREA SCIENTISTS AND
ENGINEERS AT UNITED STATES DEPARTMENT OF DEFENSE RESEARCH AND
DEVELOPMENT INSTALLATIONS.
MEMORANDUM OF UNDERSTANDING BETWEEN THE GOVERNMENT OF THE UNITED
STATES OF AMERICA REPRESENTED BY THE DEPARTMENT OF DEFENSE AND THE
REPUBLIC OF KOREA REPRESENTED BY THE REPUBLIC OF KOREA MINISTRY O
NATIONAL DEFENSE CONCERNING THE EXCHANGE AND TRAINING OF REPUBLIC OF
KOREA SCIENTISTS AND ENGINEERS AT UNITED STATES DEPARTMENT OF DEFENSE
RESEARCH AND DEVELOPMENT INSTALLATIONS
INTRODUCTION
1.1 THE REPUBLIC OF KOREA MINISTRY OF NATIONAL DEFENSE (MND) AND THE
US DEPARTMENT OF DEFENSE (DOD) HAVE AGREED TO A PROGRAM UNDER WHICH THE
US DOD WILL PROIVDE MANAGEMENT GUIDANCE AND ASSIST I TRANSFERRING
TECHNOLOGY TO A LIMITED NUMBER OF SELECTED REPUBLIC OF KOREA (ROK)
SCIENTISTS AND ENGINEERS.
1.2 THE US DOD AND ROK MND HAVE AGREED THAT THE PLACEMENT OF EACH
ENGINEER NOMINATED UNDER THIS PROGRAM IS CONDITIONAL UPON THE ABILITY OF
THE US SERVICE AND LABORATORY INVOLVED TO PROVIDE THE PROPOSED TRAINING
POSITION.
1.3 SCIENTISTS AND ENGINEERS SELECTED FOR THIS PROGRAM WILL BE
ASSIGNED TO THE TECHNOLOGY FIELDS OF CONVENTIONAL ARMY, NAVY AND AIR
FORCE WEAPONS SYSTEMS AND EQUIPMENT.
SELECTION OF CANDIDATES
2.1 CANDIDATES FOR THIS PROGRAM MAY INCLUDE MILITARY OFFICERS OR
CIVILIAN EMPLOYEES OF THE ROK.
2.2 CANDIDATES SHOULD HOLD BACCALAUREATE DEGREES AND HAVE AT LEAST
TWO YEARS PRACTICAL EXPERIENC IN THE DISCIPLINE TO WHICH THEY ARE TO BE
EXPOSED IN THE US.
2.3 TO ASSIST IN THE EVALUATION OF CANDIDATES, THE ROK MND WILL, SIX
MONTHS PRIOR TO THE DESIRED DATE OF ASSIGNMENT, FORWARD BACKGROUND
RESUMES AND TRAINING OBJECTIVES TO THE US DOD. FINAL SELECTION OF
CANDIDATES WILL BE SUBJECT TO MUTUAL AGREEMENT BETWEEN THE US DOD AND
ROK MND.
2.4 SELECTED CANDIDATES MUST BE FLUENT IN THE ENGLISH LANGUAGE AND
HAVE A WORKING KNOWLEDGE OF U TECHNICAL TERMS.
COSTS
3.1 ALL COSTS INCURRED THROUGH THE ASSIGNMENT OF ROK SCIENTISTS AND
ENGINEERS TO US DOD INSTALLATIONS UNDER THIS PROGRAM WILL BE PAID
DIRECTLY BY THE ROK.
3.2 INCURRED COSTS BY THE ROK WILL INCLUDE BUT NOT BE LIMITED TO
SALARY, PER DIEM COSTS, HOUSING ALLOWANCES, DIFFERENTIAL RELOCATION PAY,
FAMILY ALLOWANCES, COST OF MOVEMENT OF DEPENDENTS AND HOUSEHOLD EFFECTS,
COST OF SHIPMENT OF REMAINS AND FUNERAL EXPENSE IN EVENT OF DEATH OF ROK
CANDIDATE, TRAVEL TO AND FROM THE UNITED STATES, TRAVEL IN CONNECTION
WITH ASSIGNED DUTIES IN THE UNITED STATES, AND HOSPITALIZATION, MEDICAL,
DENTAL AND ANY OTHER ASSOCIATED COSTS OCCASIONED BY ASSIGNMENT UNDER
THIS PROGRAM.
3.3 THE ROK WILL MAKE ARRANGEMENTS TO DEFRAY COSTS OF THIS PROGRAM
DIRECTLY RATHER THAN BY REIMBURSEMENT TO THE US DOD OR OTHER US AGENCY.
3.4 INCURRED COSTS WILL NOT INCLUDE SALARY OR PER DIEM COSTS OF US
DOD PERSONNEL ASSOCIATED WITH THE PROGRAM.
SECURITY
4.1 DURING THE SELECTION PROCESS, THE US DOD WILL INFORM THE ROK MND
OF THE SECURITY CLEARANCE REQUIRED TO PERMIT CANDIDATES ACCESS TO
SELECTED WORK AREAS.
4.2 THE ROK WILL CAUSE TO BE FILED, THROUGH ITS EMBASSY IN
WASHINGTON, D.C., WITH THE US DOD, APPROPRIATE SECURITY ASSURANCES FOR
EACH SELECTED CANDIDATE.
4.3 ANY VIOLATION OF US DOD SECURITY PROCEDURES BY A SELECTED
CANDIDATE DURING HIS ASSIGNMENT TO THE US DOD WILL BE REPORTED TO THE
ROK MND FOR APPROPRIATE ACTION BY THE ROK.
4.4 ALL US DOD CLASSIFIED SECURITY INFORMATION RELEASED TO ROK MND
PERSONNEL UNDER THIS PROGRAM WILL BE VIEWED AS RELEASES OF US CLASSIFIED
INFORMATION TO THE ROK. SUCH RELEASES OF US CLASSIFIED MILITARY
INFORMATION WILL BE SUBJECT TO ALL PROVISIONS AND SAFEGUARDS OF THE
US/ROK SECURITY AGREEMENT DATED 1 MAY 1962.
4.5 TO INSURE PROTECTION OF US CLASSIFIED MILITARY INFORMATION
DISCLOSED UNDER THIS PROGRAM, AFTER TERMINATION OF CANDIDATES ASSIGNMENT
IN THE US, THE ROK MND WILL INSURE, BY WHATEVER MEANS IT CHOOSES, THAT
ALL ROK PARTICIPANTS IN THE PROGRAM REMAIN IN THE EMPLOY OF THE
GOVERNMENT OF THE REPUBLIC OF KOREA FOR A MINIMUM OF TWO YEARS FOLLOWING
THE COMPLETION OF THE CANDIDATES ASSIGNMENT IN THE UNITED STATES.
4.6 THE DATA AND INFORMATION TO BE EXCHANGED UNDER THIS PROGRAM AS
WELL AS ACCESS TO FACILITIES, EQUIPMENT AND SITES SHALL NOT EXTEND TO
THOSE REVEALING "RESTRICTED DATA" OR "FORMERLY RESTRICTED DATA" AS THOSE
TERMS ARE USED IN THE ATOMIC ACT OF 1954 AS AMENDED."
TECHNICAL AND ADMINISTRATIVE MATTERS
5.1 THE US DOD WILL PROVIDE, AT NO COST TO THE ROK MND, SUCH
TECHNICAL AND ADMINISTRATIVE SUPPOR AS IS DEEMED NECESSARY FOR THE
EFFICIENT PERFORMANCE OF A CANDIDATE'S ASSIGNED TASK.
5.2 ROK MND PERSONNEL ASSIGNED UNDER THIS PROGRAM WILL BE SUBJECT TO
THE SAME RESTRICTIONS AND CONDITIONS AS US DOD PERSONNEL OF COMPARABLE
RANK IN THE AREA OF ASSIGNMENT; AND SHALL ENJOY THE SAME MEASURE OF
POST EXCHANGE, COMMISSARY, THEATER, AND SIMILAR PRIVILEGES AS US DOD
PERSONNEL OF COMPARABLE RANK IN THE AREA OF ASSIGNMENT.
5.3 ANY CLAIMS THAT MAY ARISE WHICH CONCERN OR INVOLVE IN ANY WAY ANY
ROK MND PERSONNEL - MILITARY OR CIVILIAN - WHO PARTICIPATE IN THE
PROGRAM SHALL BE GOVERNED BY THE APPLICABLE LOCAL, STATE, AND/OR FEDERAL
LAWS OF THE UNITED STATES.
5.4 AS A GENERAL RULE, ROK MND PERSONNEL WILL OBSERVE US RATHER THAN
ROK HOLIDAYS. EXCEPTIONS T THIS RULE MAY BE MADE BY THE COMMANDER OF
THE US DOD INSTALLATION TO WHICH ROK MND PERSONNEL ARE ASSIGNED.
5.5 ALL ASSIGNED ROK MND PERSONNEL WILL WORK UNDER THE GUIDANCE AND
CONTROL OF A US DOD SUPERVISOR WHO WILL, UPON COMPLETION OF AN
ASSIGNEE'S TOUR OF DUTY, FILE AN EVALUATION REPORT ON EACH ASSIGNEE
THROUGH CHANNELS TO THE ROK MND.
5.6 SUPERVISORS WILL INSURE DAILY OBSERVATION OF ASSIGNEE'S
PERFORMANCE IN ORDER TO PROVIDE A BASIS FOR COUNSELING AND REPORTING.
5.7 SUPERVISORS MAY SUBMIT SPOT REPORTS AS NECESSARY.
INVENTIONS AND TECHNICAL INFORMATION
6.1 BOTH THE US DOD AND THE ROK MND WILL HAVE FULL AND FREE ACCESS TO
ANY TECHNICAL INFORMATION DEVELOPED AS A RESULT OF THE WORK OF THE
ENGINEER. THE USE OF SUCH INFORMATION BY THE ROK IS INTENDED FOR STUDY
AND INFORMATION PURPOSES ONLY UNLESS OTHERWISE EXPRESSLY AGREED TO IN
WRITING BY THE US DOD. ANY OTHER INFORMATION, WHETHER OWNED BY THE US
GOVERNMENT OR BY PRIVATE PARTIES WHICH IS MADE AVAILABLE TO THE
ENGINEERS WILL BE CONSIDERED AS HAVING BEEN MADE AVAILABLE TO THE ROK.
TH ROK MND WILL ENSURE THE PROTECTION OF ALL SUCH INFORMATION AGAINST
UNAUTHORIZED USE OR DISCLOSURE. DISCLOSURE WILL NOT BE MADE WITHOUT THE
WRITTEN PERMISSION OF THE US DOD. IN THE EVENT UNAUTHORIZE USE OR
DISCLOSURE OF SUCH INFORMATION OCCURS, THE ROK MND WILL PROMPTLY NOTIFY
THE US DOD AND THE PARTIES WILL CONSULT TOGETHER TO DETERMINE AN
EQUITABLE ADJUSTMENT OF ANY DAMAGE THAT MIGHT HAVE OCCURRED.
6.2 THE ROK MND AGREES TO ENSURE THAT THE GOVERNMENT OF THE UNITED
STATES WILL BE ASSIGNED ALL RIGHT, TITLE AND INTEREST THROUGHOUT THE
WORLD TO EACH INVENTION CONCEIVED OR FIRST ACTUALLY REDUCE TO PRACTICE
UNDER THIS PROGRAM SUBJECT TO AN IRREVOCABLE, NONEXCLUSIVE, ROYALTY-FREE
LICENSE RESERVED TO THE ROK FOR ITS DEFENSE PURPOSES. THE ROK MND
FURTHER AGREES TO FURNISH OR HAVE FURNISHED TO THE GOVERNMENT OF THE
UNITED STATES, UPON REQUEST, ANY INFORMATION AND DOCUMENTS AND
ASSISTANCE NECESSARY FOR THE PREPARATION AND PROSECUTION OF A UNITED
STATES PATENT APPLICATION COVERING THE INVENTION, AND OF ANY
SUBSTITUTION, DIVISION, CONTINUATIONS-IN-PART, OR CONTINUATION O SUCH
APPLICATION, AND OF ANY APPLICATION FOR REISSUE OF ANY PATENT RESULTING
FROM SUCH APPLICATION. IN THE EVENT THAT THE GOVERNMENT OF THE UNITED
STATES DETERMINES NOT TO FILE AN APPLICATION FOR A PATENT ON ANY SUCH
INVENTION IN ANOTHER COUNTRY WITHIN EIGHT MONTHS OF THE DISCLOSURE OF
SUCH INVENTION TO THE US DOD, THE ROK MAY REQUEST PERMISSION TO FILE
SUCH AN APPLICATION FOR PATENT WITHIN SUCH OTHER COUNTRY SUBJECT TO US
NATIONAL DISCLOSURE POLICY.
6.3 THE ENGINEER WILL NOT PARTICIPATE IN ANY US DEPARTMENT OF DEFENSE
EMPLOYEE-INVENTOR INCENTIV AWARD PROGRAM.
DURATION AND TERMINATION
7.1 THIS PROGRAM WILL COVER A PERIOD OF FIVE YEARS FROM DATE OF
SIGNATURE OF THIS MOU UNLESS SOONER TERMINATED.
7.2 TERMINATION MAY BE AT ANY TIME BY MUTUAL AGREEMENT OF THE PARTIES
HERETO.
7.3 EITHER PARTY MAY INDICATE A DESIRE TO UNILATERALLY TERMINATE THIS
AGREEMENT BY WRITTEN NOTIFICATION TO THE OTHER PARTY. IN CASE OF SUCH
UNILATERAL TERMINATION, THE PARTIES WILL CONSULT AND ESTABLISH AN AGREED
DATE FOR TERMINATION WHICH WILL ALLOW FOR AN ORDERLY CESSATION OF
ON-GOING TASKS.
7.4 IN THE EVENT OF TERMINATION, THE COMMITMENTS REGARDING SECURITY
AND THE PROTECTION OF TECHNICAL INFORMATION AGAINST UNAUTHORIZED USE OR
DISCLOSURE WILL CONTINUE INDEFINITELY.
FOR THE GOVERNMENT OF THE
REPUBLIC OF KOREA:
SIGNED
DATE:
MAJOR GENERAL PAIK, SEOK-CHU
ASSISTANT MINISTER FOR LOGISTICS AND
INSTALLATIONS
MINISTRY OF NATIONAL DEFENSE
FOR THE GOVERNMENT OF
THE UNITED STATES OF
AMERICA:
SIGNED
DATE: 17 MAR 1975
KOREA, REPUBLIC OF 28 JUN 1974 FLITE DOCUMENT NO. 7502447
CREDIT AGREEMENT
AMENDMENT TO CHANGE CREDIT AGREEMENT BETWEEN THE REPUBLIC OF KOREA
AND THE GOVERNMENT OF THE UNITED STATES OF AMERICA DATED MARCH 26, 1974.
AMENDMENT NUMBER ONE TO THE CREDIT AGREEMENT BETWEEN THE GOVERNMENT
OF THE REPUBLIC OF KOREA AND THE GOVERNMENT OF THE UNITED STATES OF
AMERICA DATED MARCH 26, 1974
1. THE REFERENCE IN PARAGRAPH 6(A)(II) AND THE FIRST REFERENCE IN
PARAGRAPH 7(A) OF THE CREDIT AGREEMENT BETWEEN THE GOVERNMENT OF THE
REPUBLIC OF KOREA AND THE GOVERNMENT OF THE UNITED STATES O AMERICA,
DATED MARCH 26, 1974, TO "PARAGRAPH 2 OF THE AFORESAID INTERIM CREDIT
AGREEMENT OF 26 MARC 1974" IS AMENDED TO REFER INSTEAD TO "PARAGRAPH 5C
OF THE AFORESAID INTERIM CREDIT AGREEMENT OF 26 MARCH 1974".
2. THE FORM OF THE PROMISSORY NOTE AT EXHIBIT B OF THE CREDIT
AGREEMENT BETWEEN THE GOVERNMENT O THE REPUBLIC OF KOREA AND THE
GOVERNMENT OF THE UNITED STATES OF AMERICA, DATED MARCH 26, 1974, IS
AMENDED BY STRIKING "PAYABLE SEMIANNUALLY ON __________ OF EACH YEAR
FROM DATE HEREOF AT THE RATE O _____ PER ANNUM" AND BY INSERTING IN LIEU
THEREOF" PAYABLE SEMIANNUALLY ON 30 JUNE AND 31 DECEMBER OF EACH YEAR
FROM DATE HEREOF AT A RATE DETERMINED FOR PURPOSES HEREOF (AND INCREASED
OR DECREASED FROM TIME TO TIME) IN ACCORDANCE WITH PARAGRAPH 5C OF THE
INTERIM CREDIT AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF KOREA
AND THE GOVERNMENT OF THE UNITED STATES OF AMERICA, DATED MARCH 26,
1974".
3. AN AMENDMENT IDENTICAL TO THE AMENDMENT MADE IN PARAGRAPH 2 ABOVE
SHALL BE CORRESPONDINGLY MADE IN THE FORM OF THE PROMISSORY NOTE AT
EXHIBIT B OF ANNEX A OF THE INTERIM CREDIT AGREEMENT BETWEEN THE
GOVERNMENT OF THE REPUBLIC OF KOREA AND THE GOVERNMENT OF THE UNITED
STATES OF AMERICA, DATED MARCH 26, 1974.
4. THE AMENDMENTS MADE IN PARAGRAPHS 1, 2, AND 3 ABOVE SHALL BE
EFFECTIVE FROM MARCH 26, 1974.
IN WITNESS WHEREOF, THE PARTIES HERETO HAVE DULY EXECUTED THIS
AMENDMENT NUMBER ONE THIS 28TH DAY OF JUNE, 1974.
GOVERNMENT OF THE
REPUBLIC OF KOREA
SIGNED
BY PYONG-CHOON HAHM
(NAME TYPED)
AMBASSADOR OF THE
REPUBLIC OF KOREA TO THE
UNITED STATES OF AMERICA
(TITLE)
GOVERNMENT OF THE UNITED
STATES OF AMERICA
SIGNED
BY RAY PEET, VICE ADMIRAL, USN
(NAME TYPED)
DIRECTOR
DEFENSE SECURITY ASSISTANCE AGENCY
(TITLE)
KOREA, REPUBLIC OF 26 MAR 1974 FLITE DOCUMENT NO. 7502446
AGREEMENT
PURCHASE CONTRACTS BETWEEN THE REPUBLIC OF KOREA AND UNITED STATES
CONCERNING DEFENSE ARTICLES AN DEFENSE SERVICES.
CREDIT AGREEMENT
INTERIM CREDIT AGREEMENT
MADE AND ENTERED INTO THE 26TH DAY OF MARCH 1974, BETWEEN THE
GOVERNMENT OF THE REPUBLIC OF KOREA __________, REPRESENTED BY ITS
AMBASSADOR TO THE UNITED STATES __________, AND THE GOVERNMENT OF TH
UNITED STATES OF AMERICA, REPRESENTED BY THE UNITED STATES DEPARTMENT OF
DEFENSE.
WITNESSETH
WHEREAS, THE GOVERNMENT OF THE REPUBLIC OF KOREA DESIRES TO ENTER, OR
HAS ENTERED, INTO PURCHASE CONTRACTS WITH THE MILITARY DEPARTMENTS AND
AGENCIES OF THE UNITED STATES DEPARTMENT OF DEFENSE AND/OR VARIOUS
UNITED STATES COMMERCIAL SUPPLIERS FOR THE PURCHASE OF DEFENSE ARTICLES
AND DEFENSE SERVICES OF UNITED STATES ORIGIN; AND
WHEREAS, THE GOVERNMENT OF THE REPUBLIC OF KOREA HAS REQUESTED THE
GOVERNMENT OF THE UNITED STATE OF AMERICA TO FINANCE, AND TO ARRANGE FOR
PRIVATE FINANCING OF, PAYMENTS REQUIRED TO BE MADE BY THE GOVERNMENT OF
THE REPUBLIC OF KOREA UNDER ITS PURCHASE CONTRACTS; AND
WHEREAS, THE AFORESAID REQUESTED FINANCING WILL FACILITATE THE
PURPOSES OF THE UNITED STATES FOREIGN MILITARY SALES ACT, AS AMENDED;
NOW THEREFORE, IN CONSIDERATION OF THE PREMISES AND THE MUTUAL
COVENANTS HEREINAFTER SET FORTH, AND IN IMPLEMENTATION OF, AND SUBJECT
TO THE PROVISIONS OF THE MUTUAL DEFENSE ASSISTANCE AGREEMENT BETWEEN THE
GOVERNMENT OF THE REPUBLIC OF KOREA AND THE GOVERNMENT OF THE UNITED
STATES OF AMERICA, DATED JANUARY 26, 1950, THE PARTIES HERETO AGREE AS
FOLLOWS:
1. SUBJECT TO THE TERMS AND CONDITIONS HEREOF, AND SOLELY FOR THE
AFORESAID PURPOSES, THE GOVERNMENT OF THE UNITED STATES OF AMERICA SHALL
MAKE OR PLACE LOANS TO THE GOVERNMENT OF THE REPUBLIC OF KOREA FROM TIME
TO TIME IN AN AGGREGATE PRINCIPAL AMOUNT UP TO BUT NOT EXCEEDING US $11
MILLION.
2. THE GOVERNMENT OF THE REPUBLIC OF KOREA SHALL REPAY THE LOANS
MADE PURSUANT TO THIS PRESENT AGREEMENT IN TWENTY CONSECUTIVE SEMIANNUAL
INSTALLMENTS AS OUTLINED IN ANNEX C, PAYABLE ON 30 JUNE AND 31 DECEMBER
OF EACH YEAR AND COMMENCING ON 30 JUNE 1975, AND SHALL PAY INTEREST
SEMIANNUALLY ON 30 JUNE AND 31 DECEMBER OF EACH YEAR, COMMENCING ON 31
DEC 1974 AT THE RATE OF 7% (SEVEN PER CENT) PER ANNUM, USING A 365 DAY
FACTOR, ON THE AMOUNT BY WHICH FROM TIME TO TIME CUMULATIVE DISBURSEMENT
EXCEED CUMULATIVE REPAYMENTS OF PRINCIPAL.
3. THE GOVERNMENT OF THE REPUBLIC OF KOREA AGREES TO EXECUTE AT THE
OFFICE OF THE DIRECTOR, UNITED STATES DEFENSE SECURITY ASSISTANCE
AGENCY, ON 26 MARCH 1974. (CONTENTS OF TEXT MISSING) OR O SUCH EARLIER
DATE AS MAY BE NOTIFIED TO IT BY THE AFORESAID DIRECTOR, A CREDIT
AGREEMENT IN THE FOR OF ANNEX A HERETO (WITH THE BLANKS APPROPRIATELY
FILLED IN AND SUBJECT TO THE PRINCIPAL AND INTERES SCHEDULE SPECIFIED IN
PARAGRAPH 2 ABOVE) FOR AT LEAST US $5,500,000, BUT NOT TO EXCEED THE
AGGREGAT PRINCIPAL AMOUNT SPECIFIED IN PARAGRAPH 1 ABOVE, IN PARTIAL OR
FULL SUBSTITUTION OF THIS PRESENT AGREEMENT AND, EXCEPT AS OTHERWISE
PROVIDED HEREIN AND IN THE CREDIT AGREEMENT, OF THE RESPECTIVE RIGHTS
AND OBLIGATIONS OF THE TWO GOVERNMENTS UNDER THIS PRESENT AGREEMENT.
4. SUBJECT TO PARAGRAPH 5 BELOW, THE GOVERNMENT OF THE UNITED STATES
OF AMERICA RESERVES THE RIGHT TO PLACE, ON OR BEFORE 29 APRIL 1974, WITH
OR WITHOUT ADVERTISEMENT, UP TO US $5,500,000 IN PRINCIPAL AMOUNT OF THE
AGGREGATE LOAN AMOUNT SPECIFIED IN PARAGRAPH 1 ABOVE WITH ONE OR MORE
PRIVATE LENDERS DOING BUSINESS IN THE UNITED STATES AT THE RATE OF
INTEREST THEN AVAILABLE AND SUBJECT TO THE PRINCIPAL AND INTEREST
REPAYMENT SCHEDULE SPECIFIED IN PARAGRAPH 2 ABOVE. SUCH LOAN SHALL BE
PLACED PURSUANT TO LOAN AGREEMENT(S) EXECUTED BY SUCH PRIVATE LENDERS
SUBSTANTIALLY IN THE FORM OF ANNEX B HERETO (WITH THE BLANKS
APPROPRIATELY FILLED IN), SUBJECT TO UNITED STATES GOVERNMENT GUARANTY
UNDER THE UNITED STATES FOREIGN MILITARY SALES ACT, AS AMENDED. THE
GOVERNMENT OF THE REPUBLIC OF KOREA AGREES TO EXECUTE THE AFORESAID LOAN
AGREEMENT(S) AT THE OFFICE OF THE DIRECTOR, UNITED STATES DEFENSE
SECURITY ASSISTANCE AGENCY, ON SUCH DATE AS MAY BE SPECIFIED BY THE
AFORESAID DIRECTOR, UPON NOTIFICATION TO IT THAT THE GOVERNMENT OF THE
UNITED STATES OF AMERICA HAS EXERCISED ITS RIGHT UNDER THE PRECEDING
SENTENCES OF THIS PARAGRAPH, IN PARTIAL SUBSTITUTION OF THI PRESENT
AGREEMENT AND OF THE RESPECTIVE RIGHTS AND OBLIGATIONS OF THE TWO
GOVERNMENTS UNDER THIS PRESENT AGREEMENT.
5. IN THE EVENT THAT THE GOVERNMENT OF THE UNITED STATES OF AMERICA
EXERCISES ITS RIGHT UNDER PARAGRAPH 4 ABOVE -
A. IN THE AGGREGATE, THE PRINCIPAL AND INTEREST SCHEDULES OF THE
CREDIT AGREEMENT AND THE LOAN AGREEMENT(S) SHALL MATCH THE PRINCIPAL AND
INTEREST SCHEDULES SPECIFIED IN PARAGRAPH 2 ABOVE, ALTHOUGH INDIVIDUAL
PAYMENTS TO THE GOVERNMENT OF THE UNITED STATES OF AMERICA AND TO THE
PRIVATE LENDER(S), RESPECTIVELY, MAY VARY AS TO AMOUNT AND SCHEDULED
DATE.
B. EACH BORROWING BY THE GOVERNMENT OF THE REPUBLIC OF KOREA UNDER
THE AFORESAID CREDIT AGREEMEN AND LOAN AGREEMENT(S) WILL BE PRORATIONED
AMONG THE GOVERNMENT OF THE UNITED STATES OF AMERICA AND THE PRIVATE
LENDER(S) IN THE PROPORTIONS THAT EACH OF THE LOAN COMMITMENTS UNDER THE
CREDIT AGREEMENT AND THE LOAN AGREEMENT(S) BEARS TO THE AGGREGATE
PRINCIPAL AMOUNT OF US $11 MILLION SPECIFIED IN PARAGRAPH 1 ABOVE, AND
THE GOVERNMENT OF THE REPUBLIC OF KOREA UNDERTAKES THAT IT SHAL SO
ALLOCATE EACH BORROWING. THIS UNDERTAKING BY THE GOVERNMENT OF THE
REPUBLIC OF KOREA SHALL CONTINUE IN FORCE AFTER THE EXECUTION OF THE
CREDIT AGREEMENT AND LOAN AGREEMENT(S).
C. INTEREST UNDER THE CREDIT AGREEMENT SHALL BE COMPUTED AS FOLLOWS:
(I) WITH RESPECT TO EACH SEMI-ANNUAL PAYMENT OF INTEREST SCHEDULED
UNDER PARAGRAPH 2 ABOVE AND PAYABLE BOTH UNDER THE LOAN AGREEMENT(S) AND
THE CREDIT AGREEMENT -
(A) THE AGGREGATE INTEREST PAYABLE TO THE PRIVATE LENDER(S) AND TO
THE GOVERNMENT OF THE UNITED STATES OF AMERICA SHALL BE COMPUTED AT THE
PER ANNUM RATE SET FORTH IN PARAGRAPH 2 ABOVE ON THE AGGREGATE UNPAID
PRINCIPAL;
(B) THE AMOUNT OF INTEREST PAYABLE TO THE PRIVATE LENDER(S) SHALL BE
COMPUTED AT THE PER ANNUM RATE SET FORTH IN THE LOAN AGREEMENT(S) ON THE
AMOUNT OF UNPAID PRINCIPAL OWED TO THE PRIVATE LENDER(S); AND
(C) THE DIFFERENCE BETWEEN THE AGGREGATE INTEREST AMOUNT AND THE
INTEREST AMOUNT PAYABLE TO THE PRIVATE LENDER(S) SHALL BE THE INTEREST
AMOUNT DUE AND PAYABLE ON THE SCHEDULED DATE TO THE GOVERNMENT OF THE
UNITED STATES OF AMERICA.
(II) WITH RESPECT TO EACH SEMI-ANNUAL PAYMENT OF INTEREST SCHEDULED
UNDER PARAGRAPH 2 ABOVE AND PAYABLE AFTER THE ENTIRE PRINCIPAL OF THE
LOAN(S) UNDER THE LOAN AGREEMENT(S) HAS BEEN REPAID, INTEREST PAYABLE
UNDER THE CREDIT AGREEMENT SHALL BE COMPUTED AT THE PER ANNUM RATE SET
FORTH IN PARAGRAPH 2 ABOVE ON THE UNPAID PRINCIPAL AMOUNT OF THE CREDIT
AGREEMENT.
D. SHOULD THE GOVERNMENT OF THE REPUBLIC OF KOREA NOT AVAIL ITSELF OF
THE ENTIRE AMOUNT OF THE LOAN COMMITMENTS UNDER THE CREDIT AGREEMENT AND
LOAN AGREEMENT(S), AND THE INSTALLMENTS OF PRINCIPA REPAYMENTS SET FORTH
IN THE PRINCIPAL REPAYMENT SCHEDULES OF BOTH AGREEMENTS BE ACCORDINGLY
REDUCED IN THE INVERSE ORDER OF MATURITY TO THE EXTENT OF THE UNUSED
BALANCES OF THE COMMITMENTS, AS PROVIDED FOR IN ANNEXES A AND B, THEN,
IN THAT EVENT -
(I) THE PRINCIPAL REPAYMENT SCHEDULE OF THE CREDIT AGREEMENT SHALL BE
DEEMED ADDITIONALLY ADJUSTED TO CONFORM AS TO AMOUNTS AND DATES TO THE
PRINCIPAL SCHEDULE SPECIFIED IN PARAGRAPH 2 ABOVE, NAMELY, THE
INSTALLMENTS OF PRINCIPAL REPAYMENTS DUE UNDER THE CREDIT AGREEMENT
SHALL BE EQUAL TO THE DIFFERENCE IN THE ORDER OF THEIR MATURITIES
BETWEEN (A) THE PRINCIPAL REPAYMENTS SPECIFIED UNDER PARAGRAPH 2 ABOVE
AND (B) THE PRINCIPAL REPAYMENTS DUE UNDER THE REDUCED PRINCIPAL
REPAYMENT SCHEDULE OF THE LOAN AGREEMENT(S); AND
(II) UPON REQUEST OF THE GOVERNMENT OF THE UNITED STATES OF AMERICA,
THE GOVERNMENT OF THE REPUBLIC OF KOREA SHALL DELIVER TO THE GOVERNMENT
OF THE UNITED STATES OF AMERICA, IN PLACE OF ANY PROMISSORY NOTE ISSUED
UNDER THE CREDIT AGREEMENT PRIOR TO SUCH ADJUSTMENT OF THE PRINCIPAL
REPAYMENT SCHEDULE, ONE OR MORE SEPARATE PROMISSORY NOTES, AGGREGATING
NOT MORE THAN THE AMOUNT OF THE NOTE REPLACED, WHICH SHALL CONFORM TO
THE ADJUSTED PRINCIPAL REPAYMENT SCHEDULE OF THE CREDIT AGREEMENT.
6. THE PURPOSE OF EXECUTING THE CREDIT AGREEMENT AND THE LOAN
AGREEMENT(S) SPECIFIED IN PARAGRAP 3 AND PARAGRAPH 4 ABOVE IS TO
DEFINITIZE IN FULL THE CREDIT TERMS, DISBURSEMENT PROCEDURES, AND
REPAYMENT OBLIGATIONS SET FORTH IN SUMMARY FASHION IN PARAGRAPH 1 AND
PARAGRAPH 2 ABOVE PRIOR TO TH DISBURSEMENT OF ANY FUNDS. TO THE EXTENT
THAT THE GOVERNMENT OF THE REPUBLIC OF KOREA SHOULD BE UNWILLING OR
UNABLE TO EXECUTE ONE OR MORE OF SAID CREDIT AGREEMENT AND LOAN
AGREEMENT(S) AT THE TIMES SPECIFIED, THE GOVERNMENT OF THE UNITED STATES
OF AMERICA RESERVES THE RIGHTS (I) TO TERMINAT ALL OR ANY PART OF THE
LOAN COMMITMENT SPECIFIED IN PARAGRAPH 1 ABOVE AND (II) NOT TO ISSUE THE
UNITED STATES GOVERNMENT GUARANTIES REFERRED TO IN PARAGRAPH 4 ABOVE.
IN WITNESS WHEREOF, THE PARTIES HERETO HAVE DULY EXECUTED THIS
AGREEMENT ON THIS 26TH DAY OF MARC 1974.
GOVERNMENT OF THE REPUBLIC OF KOREA
BY (SIGNED)
HIS EXCELLENCY PYONG-CHOON HAHM
AMBASSADOR
GOVERNMENT OF THE UNITED
STATES OF AMERICA
BY (SIGNED)
RAY PEET
VICE ADMIRAL, USN
DIRECTOR
DEFENSE SECURITY ASSISTANCE AGENCY
ANNEX A
CREDIT AGREEMENT, MADE AND ENTERED INTO THE _____ DAY OF __________,
19__, BETWEEN THE GOVERNMENT OF __________, REPRESENTED BY ITS
__________, AND THE GOVERNMENT OF THE UNITED STATES OF AMERICA,
REPRESENTED BY THE DEPARTMENT OF DEFENSE OF THE UNITED STATES OF
AMERICA.
WITNESSETH
WHEREAS, THE GOVERNMENT OF __________ (HEREINAFTER SOMETIMES REFERRED
TO AS THE "BORROWER") DESIRES TO ENTER, OR HAS ENTERED, INTO PURCHASE
CONTRACTS (HEREINAFTER REFERRED TO AS "PURCHASE ARRANGEMENTS") WITH THE
MILITARY DEPARTMENTS AND AGENCIES OF THE UNITED STATES DEPARTMENT OF
DEFENS (HEREINAFTER REFERRED TO AS "DOD") AND/OR VARIOUS UNITED STATES
COMMERCIAL SUPPLIERS FOR THE PURCHASE OF DEFENSE ARTICLES AND DEFENSE
SERVICES OF UNITED STATES ORIGIN (HEREINAFTER COLLECTIVELY REFERRED TO
AS "DEFENSE ITEMS"); AND
WHEREAS, THE BORROWER HAS REQUESTED THE GOVERNMENT OF THE UNITED
STATES OF AMERICA (HEREINAFTER SOMETIMES REFERRED TO AS THE "LENDER") TO
FINANCE PAYMENTS REQUIRED TO BE MADE BY THE BORROWER UNDE THE PURCHASE
ARRANGEMENTS; AND
WHEREAS, THE AFORESAID REQUESTED CREDIT WILL FACILITATE THE PURPOSES
OF THE UNITED STATES FOREIGN MILITARY SALES ACT, AS AMENDED;
WHEREAS, THE BORROWER AND THE LENDER ENTERED INTO AN INTERIM CREDIT
AGREEMENT ON __________;
NOW THEREFORE, IN CONSIDERATION OF THE PREMISES AND THE MUTUAL
COVENANTS HEREINAFTER SET FORTH, AND IN IMPLEMENTATION OF, AND SUBJECT
TO THE PROVISIONS OF THE MUTUAL DEFENSE ASSISTANCE AGREEMENT BETWEEN THE
GOVERNMENT OF __________ AND THE GOVERNMENT OF THE UNITED STATES OF
AMERICA, DATED __________, THE PARTIES HERETO AGREE AS FOLLOWS:
1. SUBJECT TO THE TERMS AND CONDITIONS HEREOF, THE LENDER AGREES TO
MAKE LOANS TO THE BORROWER FROM TIME TO TIME IN AN AGGREGATE PRINCIPAL
AMOUNT UP TO BUT NOT EXCEEDING $ __________ (HEREINAFTE CALLED THE
"COMMITMENT").
2. THE AFORESAID COMMITMENT SHALL BE AVAILABLE ONLY TO FINANCE THE
PURCHASE OF DEFENSE ITEMS BY THE BORROWER PURSUANT TO PURCHASE
ARRANGEMENTS AUTHORIZED FOR SUCH FINANCING BY DOD WHICH ARE ENTERED INTO
BY THE BORROWER ON OR BEFORE _____, 19__. EACH AUTHORIZATION FOR THE
BORROWER TO ENTE INTO A PURCHASE ARRANGEMENT IN IMPLEMENTATION OF THIS
CREDIT AGREEMENT SHALL BE SEPARATELY COMMUNICATED BY DOD IN WRITING TO
THE BORROWER, WHICH AUTHORIZATION SHALL SPECIFY THE DEFENSE ITEMS AND
THE AMOUNT OF CREDIT AUTHORIZED FOR THAT PURCHASE ARRANGEMENT. THE
BORROWER SHALL INCORPORATE INTO EACH SUCH PURCHASE ARRANGEMENT WITH
COMMERCIAL SUPPLIERS THE PROVISIONS OF EXHIBIT A HERETO AN ATTACH AS AN
EXHIBIT TO THE PURCHASE ARRANGEMENT A TRUE COPY OF THE APPLICABLE
AFORESAID AUTHORIZATION AND OF PARAGRAPH 9 OF THIS CREDIT AGREEMENT.
3. EACH LOAN HEREUNDER BY THE LENDER SHALL BE MADE IN ACCORDANCE
WITH THE FOLLOWING PROCEDURE:
(1) EACH LOAN SHALL BE MADE ON SUCH DATE (HEREINAFTER REFERRED TO AS
A "DISBURSEMENT DATE") AS MAY BE DESIGNATED BY THE BORROWER FROM TIME TO
TIME UPON TEN (10) DAYS' WRITTEN NOTICE BY THE BORROWER TO THE LENDER.
(2) EACH NOTICE SHALL SPECIFY THE AMOUNT OF THE LOAN TO BE MADE BY
THE LENDER ON THE DISBURSEMEN DATE, AND SHALL SPECIFY THE SUPPLIER OR
SUPPLIERS (INCLUDING THE MILITARY DEPARTMENTS OR AGENCIES O DOD) TO WHOM
THE DISBURSEMENT IS TO BE REMITTED BY THE LENDER.
(3) EACH NOTICE SHALL BE PREPARED IN QUADRUPLICATE ON U.S. STANDARD
FORM 1034 AND SHALL BE SENT TO THE COMPTROLLER, DEFENSE SECURITY
ASSISTANCE AGENCY, THE PENTAGON, WASHINGTON, D.C. 20301.
(4) IN THE CASE OF DISBURSEMENTS REQUESTED TO BE MADE TO COMMERCIAL
SUPPLIERS, THE INVOICES SHAL BE PREPARED IN ACCORDANCE WITH THE
PROCEDURE SET FORTH IN EXHIBIT A HERETO.
(5) IN THE CASE OF DISBURSEMENTS REQUESTED TO BE MADE TO THE MILITARY
DEPARTMENTS AND AGENCIES O DOD, THE NOTICES SHALL HAVE ANNEXED THERETO
COPIES OF THE PAYMENT REQUEST RECEIVED BY THE BORROWER FROM SUCH
MILITARY DEPARTMENT OR AGENCY AGAINST WHICH DISBURSEMENT IS REQUESTED.
(6) WITH EACH NOTICE, THE BORROWER SHALL CONCURRENTLY TRANSMIT TO THE
LENDER AT THE ADDRESS SET FORTH IN SUBPARAGRAPH (3) ABOVE OF THIS
PARAGRAPH A PROMISSORY NOTE SUBSTANTIALLY IN THE FORM OF EXHIBIT B
HERETO (WITH THE BLANKS APPROPRIATELY FILLED IN) RECITING THE OBLIGATION
OF THE BORROWER TO REPAY THE AMOUNT OF SUCH LOAN WITH INTEREST THEREON
AS HEREINAFTER SET FORTH. (THE PROMISSORY NOTES HEREINABOVE REFERRED TO
ARE HEREINAFTER CALLED THE "NOTES" AND INDIVIDUALLY A "NOTE").
4.(A) ALL OCEAN TRANSPORTATION OF THE DEFENSE ARTICLES SHALL BE ON
VESSELS OF UNITED STATES REGISTRY. THE GOVERNMENT OF THE UNITED STATES
WILL GIVE SYMPATHETIC CONSIDERATION ON A CASE-BY-CAS BASIS TO REQUESTS
BY THE BORROWER JUSTIFYING SHIPMENT ON VESSELS OF THE REGISTRY OF THE
BORROWER. CONSIDERATION WILL BE GIVEN TO SECURITY REQUIREMENTS OF THE
BORROWER TO ASSURE SAFE ARRIVAL.
(B) THE BORROWER OR ITS COMMERCIAL SUPPLIER SHALL BE RESPONSIBLE FOR
OBTAINING SUCH EXPORT LICENSES AS MAY BE NECESSARY FOR DEFENSE ITEMS
FINANCED HEREUNDER.
5. THIS AGREEMENT EVIDENCES THE LEGAL AND BINDING OBLIGATION OF THE
BORROWER TO MAKE REPAYMENTS TO THE LENDER FOR DISBURSEMENTS MADE BY THE
LENDER IN ACCORDANCE WITH THE TERMS HEREOF. THE LENDER MAY SELL OR
ASSIGN, IN WHOLE OR IN PART, ITS RIGHTS TO SAID REPAYMENTS AND MAY, WITH
RESPECT TO SUC SALE OR ASSIGNMENT, GUARANTEE PAYMENT OF THE SAME.
6.(A) THE BORROWER HEREBY AGREES:
(I) TO REPAY THE DISBURSEMENTS MADE BY THE LENDER IN ACCORDANCE WITH
THE PRINCIPAL REPAYMENT SCHEDULE SET FORTH IN EXHIBIT C HERETO; AND
(II) TO PAY INTEREST SEMIANNUALLY ON _____ AND _____, COMMENCING
_____, 19__, ON THE AMOUNT BY WHICH FROM TIME TO TIME CUMULATIVE
DISBURSEMENTS EXCEED CUMULATIVE REPAYMENTS OF PRINCIPAL. INTEREST SHALL
BE CALCULATED ON A 365-DAY BASIS AND ACTUAL DAYS ELAPSED, AND IN
ACCORDANCE WITH THE PROVISIONS OF PARAGRAPH (TEXT MISSING) OF THE
AFORESAID INTERIM CREDIT AGREEMENT OF __________.
(B) IF ON ANY INSTALLMENT REPAYMENT DATE SET FORTH IN THE PRINCIPAL
REPAYMENT SCHEDULE THE BORROWER SHALL NOT HAVE AVAILED ITSELF OF THE
COMMITMENT OF THE LENDER IN AN AGGREGATE AMOUNT (LESS REPAYMENTS
PREVIOUSLY MADE) EQUAL TO THE AGGREGATE INSTALLMENT OF PRINCIPAL WHICH
IS REPAYABLE ON SUCH DATE TO THE LENDER, THE BORROWER SHALL, ON SUCH
INSTALLMENT REPAYMENT DATE, REPAY TO THE LENDE THE FULL AMOUNT (LESS
REPAYMENTS PREVIOUSLY MADE) TO WHICH IT HAS AVAILED ITSELF OF THE
COMMITMENT OF THE LENDER TO SUCH DATE, TOGETHER WITH THE INTEREST
ACCRUED THEREON. IF AT ANY TIME THEREAFTER THE BORROWER SHALL AVAIL
ITSELF OF THE COMMITMENT OF THE LENDER IN AN AMOUNT WHICH WOULD HAVE
BEEN PAYABLE ON A PRIOR INSTALLMENT REPAYMENT DATE BUT FOR THE
PROVISIONS OF THE IMMEDIATELY PRECEDING SENTENCE, SUCH AMOUNT, TOGETHER
WITH THE INTEREST ACCRUED THEREON, SHALL BE REPAYABLE ON THE NEXT
SUCCEEDING INSTALLMENT DATE OF THE PRINCIPAL REPAYMENT SCHEDULE
OCCURRING AFTER THE DISBURSEMENT OF SUCH AMOUNT AND THE SAID AGGREGATE
INSTALLMENT OF PRINCIPAL REPAYABLE UNDER THE PRINCIPAL REPAYMENT
SCHEDULE TO THE LENDER ON THAT DATE SHALL BE INCREASED BY SUCH AMOUNT.
(C) IF BY THE DATE SPECIFIED IN PARAGRAPH 2 ABOVE, THE BORROWER SHALL
NOT HAVE ENTERED INTO AUTHORIZED PURCHASE ARRANGEMENTS IN AN AGGREGATE
AMOUNT EQUAL TO THE ENTIRE AMOUNT OF THE COMMITMENT, THE INSTALLMENTS OF
PRINCIPAL REPAYABLE TO THE LENDER SET FORTH IN THE PRINCIPAL REPAYMENT
SCHEDULE SHALL BE REDUCED IN THE INVERSE ORDER OF THE MATURITY THEREOF
TO THE EXTENT OF THE UNUSED BALANCE OF THE COMMITMENT.
(D) WHENEVER ANY REPAYMENT TO BE MADE BY THE BORROWER SHALL BE DUE ON
A SATURDAY, SUNDAY, OR PUBLIC HOLIDAY UNDER THE LAWS OF THE LENDER, SUCH
REPAYMENT MAY BE MADE ON THE NEXT SUCCEEDING BUSINESS DAY, AND SUCH
EXTENSION OF TIME SHALL IN SUCH CASE BE INCLUDED IN COMPUTING INTEREST
IN CONNECTION WITH SUCH REPAYMENT BUT EXCLUDED FROM THE NEXT INTEREST
PERIOD.
(E) THE BORROWER MAY PREPAY THE CREDIT EXTENDED UNDER THIS AGREEMENT
IN PART OR IN FULL ON ANY INTEREST PAYMENT DATE WITHOUT PENALTY OR
PREMIUM, BUT SUCH PREPAYMENT MUST BE ACCOMPANIED BY PAYMEN OF INTEREST
ON THE AMOUNT PREPAID TO THE DATE OF PREPAYMENT AND MUST BE APPLIED TO
THE SATISFACTION OF INSTALLMENTS OF PRINCIPAL REPAYMENTS IN THE INVERSE
ORDER OF THEIR MATURITIES.
(F) ALL REPAYMENTS BY THE BORROWER ON ACCOUNT OF PRINCIPAL OR
INTEREST SHALL BE IN LAWFUL MONEY OF THE UNITED STATES OF AMERICA AND IN
IMMEDIATELY AVAILABLE FUNDS, FREE AND CLEAR OF, AND WITHOUT DEDUCTION
FOR, ANY AND ALL TAXES, LEVIES, IMPOSTS, DEDUCTIONS AND WITHHOLDINGS
WHATSOEVER IMPOSED, LEVIED, COLLECTED OR ASSESSED WITH RESPECT THERETO
BY ANY CENTRAL OR LOCAL AUTHORITY OF __________.
7.(A) THE NOTES SHALL BE FURTHER EVIDENCE OF THE OBLIGATION OF THE
BORROWER TO REPAY THE LOANS MADE HEREUNDER. EACH NOTE SHALL BE DATED
THE PARTICULAR DISBURSEMENT DATE OF THE LOAN WHICH SUCH NOTE EVIDENCES,
SHALL BE PAYABLE TO THE ORDER OF THE GOVERNMENT OF THE UNITED STATES IN
THE PRINCIPAL AMOUNT OF SUCH DISBURSEMENT, AND SHALL BEAR INTEREST ON
THE UNPAID PRINCIPAL AMOUNT THEREOF AS PROVIDED IN PARAGRAPH OF THE
AFORESAID INTERIM CREDIT AGREEMENT OF __________. EXCEPT A OTHERWISE
PROVIDED FOR IN PARAGRAPH 6.(D), ANY INTEREST BALANCE NOT PAID ON ITS
DUE DATE SHALL ACCRUE INTEREST THEREON THE PER ANNUM RATE SET FORTH IN
PARAGRAPH 2 OF THE AFORESAID INTERIM CREDIT AGREEMENT OF __________.
(B) THE NOTES SHALL BE COMPLETED BY THE BORROWER IN SUCH A MANNER
THAT REPAYMENT OF SUCH LOANS SHALL BE MADE IN THE ORDER OF THEIR
DISBURSEMENT, UTILIZING THE PRINCIPAL REPAYMENT SCHEDULE SET FORTH IN
EXHIBIT C (AS THE SAME MAY BE ADJUSTED IN ACCORDANCE WITH PARAGRAPHS
6(B) AND 6(C) HEREOF) AND, IN DETERMINING WHETHER A PARTICULAR LOAN IS
PAYABLE IN ONE OR MORE INSTALLMENTS, UTILIZING A PARTICULAR INSTALLMENT
PAYMENT DATE ONLY AFTER THE FULL UTILIZATION OF THE NEXT PRECEDING
INSTALLMENT DATE.
(C) EACH NOTE SHALL BE SIGNED ON BEHALF OF THE BORROWER BY
__________.
8.(A) THE BORROWER REPRESENTS AND WARRANTS THAT THE MAKING AND
PERFORMANCE OF THIS AGREEMENT HAV BEEN DULY AUTHORIZED IN ACCORDANCE
WITH THE LAWS OF __________ AND SHALL FURNISH TO THE LENDER UPON REQUEST
EVIDENCE, SATISFACTORY TO THE LENDER, OF THE AUTHORITY OF THE PERSON OR
PERSONS WHO HAVE SIGNED THIS AGREEMENT ON BEHALF OF THE BORROWER AND OF
THE PERSON OR PERSONS WHO WILL SIGN THE NOTE PROVIDED FOR HEREIN ON
BEHALF OF THE BORROWER, TOGETHER WITH THE AUTHENTICATED SPECIMEN
SIGNATURE, IN DUPLICATE, OF EACH OF THE LATTER.
(B) THIS AGREEMENT SHALL INURE TO THE BENEFIT OF THE HOLDERS OF THE
NOTES, THEIR RESPECTIVE SUCCESSORS AND ASSIGNS. THIS AGREEMENT AND THE
NOTES SHALL BE DEEMED TO BE CONTRACTS UNDER THE LAW OF THE DISTRICT OF
COLUMBIA AND FOR ALL PURPOSES SHALL BE CONSTRUED IN ACCORDANCE WITH SAID
LAW. THE BORROWER AGREES THAT JURISDICTION MAY BE TAKEN BY COURTS IN
THE DISTRICT OF COLUMBIA WITH RESPECT TO MATTERS INVOLVING ANY NOTE,
PROVIDED SUCH NOTE IS HELD BY AN INDIVIDUAL, PARTNERSHIP, CORPORATION,
OR OTHER PRIVATE LEGAL ENTITY.
(C) THE BORROWER SHALL IN ALL CASES PAY WHEN AND AS DUE THE PRINCIPAL
OF AND INTEREST ON ALL NOTES ISSUED HEREUNDER, NOTWITHSTANDING ANY
CLAIMS WHICH THE BORROWER MAY NOW OR HEREAFTER HAVE AGAINST ANY SUPPLIER
OF THE DEFENSE ITEMS, DOD, THE LENDER, OR ANY OTHER PERSONS OR ENTITY IN
CONNECTION WITH ANY OTHER TRANSACTION, FOR ANY REASON WHATSOEVER.
9. UPON THE OCCURRENCE OF ANY OF THE FOLLOWING EVENTS OF DEFAULT:
(1) IF THE BORROWER FAILS FOR A PERIOD OF TEN (10) DAYS TO MAKE ANY
PAYMENT OF PRINCIPAL OF, OR INTEREST ON, ANY NOTE WHEN DUE; OR
(2) IF ANY REPRESENTATION OR WARRANTY MADE BY THE BORROWER HEREIN OR
ANY CERTIFICATE FURNISHED B THE BORROWER PURSUANT HERETO PROVES TO BE AT
ANY TIME INCORRECT IN ANY MATERIEL RESPECT; OR
(3) IF THE BORROWER DEFAULTS IN THE PERFORMANCE OF ANY OTHER TERM,
COVENANT OR UNDERTAKING CONTAINED IN THIS CREDIT AGREEMENT, AND SUCH
DEFAULT SHALL CONTINUE UNREMEDIED FOR 30 DAYS AFTER WRITTEN NOTIFICATION
THEREOF SHALL HAVE BEEN GIVEN TO THE BORROWER BY THE LENDER;
THEN, AND IN ANY SUCH EVENT, THE HOLDER OF ANY NOTE MAY DECLARE
IMMEDIATELY DUE AND PAYABLE THE UNPAID PRINCIPAL OF, AND ACCRUED
INTEREST ON, ANY OR ALL NOTES HELD BY SUCH HOLDER AND SUCH AMOUNTS SHALL
BECOME IMMEDIATELY DUE AND PAYABLE WITHOUT PROTEST, PRESENTMENT, NOTICE
OR OTHER DEMAND OF AN KIND, ALL OF WHICH ARE HEREBY EXPRESSLY WAIVED BY
THE BORROWER, AND THE LENDER MAY TERMINATE ITS COMMITMENT HEREUNDER.
10. ALL COMMUNICATIONS AND OTHER DOCUMENTS REQUIRED OR PERMITTED
HEREUNDER, UNLESS SUBMITTED IN THE ENGLISH LANGUAGE, SHALL BE
ACCOMPANIED BY ONE ENGLISH TRANSLATION FOR EACH COPY OF SUCH DOCUMENTS
TO BE FURNISHED AND, IN THE EVENT OF CONFLICT, THE ENGLISH VERSION SHALL
GOVERN. EXCEPT AS OTHERWISE PROVIDED HEREIN, ALL NOTICES, REQUESTS OR
DEMANDS HEREUNDER SHALL BE DEEMED TO HAVE BEEN GIVEN OR MADE UPON THE
MAILING OF THE SAME, POSTAGE PREPAID, OR IN THE CASE OF TELEGRAPHIC
NOTICE, ON DELIVERY TO THE TELEGRAPHIC COMPANY, ADDRESSED IN THE CASE OF
THE BORROWER, TO __________, AND IN THE CASE OF THE LENDER TO THE
DIRECTOR, DEFENSE SECURITY ASSISTANCE AGENCY, THE PENTAGON, WASHINGTON,
D.C. 20301.
11. THIS AGREEMENT MAY BE EXECUTED IN ANY NUMBER OF COUNTERPARTS AND
BY THE PARTIES HERETO ON SEPARATE COUNTERPARTS, EACH OF WHICH SHALL BE
DEEMED AN ORIGINAL BUT ALL SUCH COUNTERPARTS TO CONSTITUTE ONE AND THE
SAME INSTRUMENT.
12. EXHIBITS A THROUGH C ATTACHED HERETO ARE, BY THIS REFERENCE,
MADE A PART OF THIS AGREEMENT.
IN WITNESS WHEREOF, THE PARTIES HERETO HAVE DULY EXECUTED THIS
AGREEMENT THIS _____ DAY OF __________ 19__.
GOVERNMENT OF
BY (NAME TYPED)
(TITLE)
GOVERNMENT OF THE UNITED
STATES OF AMERICA
BY (NAME TYPED)
(TITLE)
EXHIBIT A
PAYMENT PROCEDURES
THE FOLLOWING PROCEDURES AND CONDITIONS SHALL BE ADHERED TO PRIOR TO
EACH DISBURSEMENT TO BE MADE BY THE GOVERNMENT OF THE UNITED STATES FOR
THE ACCOUNT OF THE GOVERNMENT OF __________.
1. THE SUPPLIER SHALL PREPARE AND SUBMIT TO THE DESIGNATED
REPRESENTATIVES OF THE GOVERNMENT OF __________ IN WASHINGTON, D.C.
INVOICES ON U.S. STANDARD FORM 1034 IN SUFFICIENT NUMBER OF COPIES T
PERMIT THE FORWARDING OF FOUR COPIES TO THE DISBURSING OFFICER
DESIGNATED IN PARAGRAPH 5 BELOW.
2. THE SUPPLIER SHALL INSURE THAT EACH INVOICE IS IN ACCORDANCE WITH
RELEVANT PROVISIONS OF ITS PURCHASE ARRANGEMENT WITH THE GOVERNMENT OF
__________.
3. THE SUPPLIER SHALL ATTACH TO EACH INVOICE A STATEMENT THAT
AUTHORIZED REPRESENTATIVES OF THE GOVERNMENT OF THE UNITED STATES SHALL,
UNTIL THE EXPIRATION OF THREE YEARS AFTER FINAL PAYMENT HEREUNDER, HAVE
ACCESS TO AND THE RIGHT TO EXAMINE ANY DIRECTLY RELATED PERTINENT BOOKS,
DOCUMENTS, PAPERS AND RECORDS OF THE SUPPLIER INVOLVING TRANSACTIONS
RELATING TO THE AFORESAID PURCHASE ARRANGEMENT.
4. TO THE EXTENT THAT ANY INVOICE REQUESTS PAYMENT OF ADVANCES, AS
DISTINGUISHED FROM PAYMENT FO DELIVERY OF DEFENSE ITEMS OR REIMBURSEMENT
IN THE FORM OF PROGRESS PAYMENTS FOR WORK OR SERVICES PERFORMED, THE
SUPPLIER SHALL ATTACH TO THE INVOICE A STATEMENT SETTING FORTH THE
UNDERTAKING OF TH SUPPLIER THAT THE FULL AMOUNT OF THE ADVANCE WILL BE
MAINTAINED BY THE SUPPLIER IN A SEGREGATED ACCOUNT WHICH WILL BE APPLIED
SOLELY TO THE PERFORMANCE OF THE SUPPLIER'S OBLIGATIONS UNDER THE
PURCHASE ARRANGEMENT.
5. THE DESIGNATED REPRESENTATIVE OF THE GOVERNMENT OF __________ IN
WASHINGTON, D.C. SHALL FORWARD SUCH INVOICES TO THE COMPTROLLER, DEFENSE
SECURITY ASSISTANCE AGENCY, THE PENTAGON, WASHINGTON, D.C. 20301.
6. EACH INVOICE SHALL BE ACCOMPANIED BY A CERTIFICATION OF THE
GOVERNMENT OF __________ AS FOLLOWS:
"THE GOVERNMENT OF __________ CONFIRMS (THAT THE DEFENSE ITEMS SET
FORTH HEREIN HAVE BEEN SATISFACTORILY RECEIVED BY OR FOR THE GOVERNMENT
OF __________) (THAT THE WORK OR SERVICES FOR WHIC PROGRESS PAYMENTS ARE
REQUESTED HAVE BEEN SATISFACTORILY RENDERED) (THAT PAYMENT IS OTHERWISE
DUE) UNDER ITS PURCHASE ARRANGEMENT OF (DATE) FOR THE PURCHASE OF
DEFENSE ITEMS FROM SUPPLIER, AND CERTIFIES THAT THE BILL IS CORRECT AND
JUST AND THAT PAYMENT THEREFOR HAS NOT BEEN MADE. PAYMENT OF THIS
INVOICE IS REQUESTED BY THE MINISTRY OF DEFENSE OF THE GOVERNMENT OF
__________ PURSUANT TO THE TERMS OF THE CREDIT AGREEMENT OF (DATE)
BETWEEN THE __________ OF THE GOVERNMENT OF __________ AND THE
GOVERNMENT OF THE UNITED STATES OF AMERICA. THE GOVERNMENT OF
__________ CONFIRMS THAT SAID PURCHASE ARRANGEMENT IS ONE OF THE
PURCHASE ARRANGEMENTS AUTHORIZED B THE DEPARTMENT OF DEFENSE OF THE
UNITED STATES OF AMERICA PURSUANT TO THE AFORESAID CREDIT AGREEMEN OF
(DATE) AND FURTHER CONFIRMS THAT THE CUMULATIVE TOTAL OF THIS INVOICE
AND INVOICES PREVIOUSLY PAID BY THE GOVERNMENT OF THE UNITED STATES
AGAINST SAID PURCHASE ARRANGEMENT DOES NOT EXCEED THE AGGREGATE CREDIT
CEILING ESTABLISHED BY THE GOVERNMENT OF THE UNITED STATES FOR THE SAID
PURCHASE ARRANGEMENT.
"GOVERNMENT OF
BY (NAME TYPED)
(TITLE)"
EXHIBIT B
PROMISSORY NOTE
PN #
DATE
U.S., WASHINGTON, DC
FOR VALUE RECEIVED, THE UNDERSIGNED, THE GOVERNMENT OF __________
(HEREIN CALLED __________), HEREBY PROMISES TO PAY TO THE ORDER OF THE
GOVERNMENT OF THE UNITED STATES OF AMERICA (HEREIN CALLE "UNITED
STATES") THE PRINCIPAL SUM OF U.S. __________ AS FOLLOWS:
TOGETHER WITH INTEREST ON ANY AND ALL AMOUNTS REMAINING UNPAID
HEREUNDER FROM TIME TO TIME FROM THE DATE HEREOF UNTIL MATURITY, PAYABLE
SEMIANNUALLY ON __________ OF EACH YEAR FROM DATE HEREOF AT THE RATE OF
_____ PER ANNUM USING A 365 DAY FACTOR, BOTH PRINCIPAL AND INTEREST TO
BE PAYABLE IN LAWFUL MONEY OF THE UNITED STATES OF AMERICA AT THE OFFICE
OF THE COMPTROLLER, DEFENSE SECURITY ASSISTANCE AGENCY, WASHINGTON,
D.C., 20301. ALL PAYMENTS MADE ON ACCOUNT OF THE PRINCIPAL AMOUNT
REMAINING UNPAID HEREUNDER SHALL BE ENDORSED BY THE HOLDER ON THE
REVERSE SIDE OF THIS NOTE.
WHENEVER ANY PAYMENT TO BE MADE SHALL BE DUE ON A SATURDAY, SUNDAY,
OR A PUBLIC HOLIDAY UNDER THE LAWS OF THE GOVERNMENT OF THE UNITED
STATES, SUCH PAYMENT MAY BE MADE ON THE NEXT SUCCEEDING BUSINESS DAY,
AND SUCH EXTENSION OF TIME SHALL IN SUCH CASE BE INCLUDED IN COMPUTING
INTEREST IN CONNECTION WITH SUCH PAYMENT BUT EXCLUDED FROM THE NEXT
INTEREST PERIOD.
THIS NOTE MAY BE PREPAID ON ANY INTEREST PAYMENT DATE. PREPAYMENTS
SHALL BE APPLIED TO THE INSTALLMENTS HEREOF IN THE REVERSE ORDER OF
THEIR MATURITY. ALL PAYMENTS OF PRINCIPAL AND INTEREST ON THIS NOTE ARE
PAYABLE IN LAWFUL MONEY OF THE UNITED STATES OF AMERICA AND IN
IMMEDIATELY AVAILABLE FUNDS, FREE AND CLEAR OF, AND WITHOUT DEDUCTION
FOR ANY TAXES, LEVIES, IMPOSTS, DEDUCTIONS, AND WITHHOLDINGS WHATSOEVER
NOW OR HEREAFTER IMPOSED, LEVIED, COLLECTED OR ASSESSED WIT RESPECT
THERETO BY ANY CENTRAL OR LOCAL AUTHORITY OF __________ AND SHALL BE
PAID FREE FROM ALL RESTRICTIONS OF ANY CENTRAL OR LOCAL AUTHORITY OF
__________. __________ AGREES TO PAY ALL OUT-OF-POCKET COSTS AND
EXPENSES IN CONNECTION WITH COLLECTION AFTER DEFAULT OF THIS NOTE
(INCLUDIN THE REASONABLE FEES AND OUT-OF-POCKET EXPENSES OF COUNSEL) AS
WELL AS ALL STAMP AND OTHER TAXES OF EVERY CHARACTER, IF ANY, NOW OR
HEREAFTER IN EFFECT, NOT INCLUDING TAXES IMPOSED ON THE INCOME OF THE
HOLDER OF THE NOTE BY THE GOVERNMENT OF THE UNITED STATES, AND NOT
INCLUDING STATE FRANCHISE TAXES IMPOSED ON THE HOLDER OF THE NOTE, AND
TO SAVE THE HOLDER OF THE NOTE HARMLESS FROM ANY AND ALL LIABILITIES
WITH RESPECT TO OR RESULTING FROM ANY DELAY OR OMISSION TO PAY SUCH
TAXES.
BY
EXHIBIT C
PRINCIPAL REPAYMENT SCHEDULE*
THE FIRST $__________ OF DISBURSEMENTS ARE REPAYABLE ON __________
THE NEXT $__________ OF DISBURSEMENTS ARE REPAYABLE ON __________
THE NEXT $__________ OF DISBURSEMENTS ARE REPAYABLE ON __________
THE NEXT $__________ OF DISBURSEMENTS ARE REPAYABLE ON __________
THE NEXT $__________ OF DISBURSEMENTS ARE REPAYABLE ON __________
THE NEXT $__________ OF DISBURSEMENTS ARE REPAYABLE ON __________
THE NEXT $__________ OF DISBURSEMENTS ARE REPAYABLE ON __________
THE LAST $__________ OF DISBURSEMENTS ARE REPAYABLE ON __________
THE AMOUNTS AND DATES OF PRINCIPAL INSTALLMENT REPAYMENTS ARE SUBJECT
TO THE PROVISIONS OF THE INTERIM CREDIT AGREEMENT OF __________ BETWEEN
THE BORROWER AND THE LENDER.
ANNEX B
MODEL LOAN AGREEMENT
LOAN AGREEMENT MADE AND ENTERED INTO THE _____ DAY OF __________,
19__, BETWEEN THE GOVERNMENT OF __________ (HEREINAFTER SOMETIMES
REFERRED TO AS THE "BORROWER") AND __________, (HEREINAFTER SOMETIMES
REFERRED TO AS THE "UNDERSIGNED").
WHEREAS BY PUBLIC NOTICE (WHICH NOTICE IS INCORPORATED IN THIS
AGREEMENT AS IF FULLY SET FORTH HEREIN) THE SECRETARY OF THE TREASURY
HAS INVITED BIDS ON A LOAN IN THE AMOUNT OF $__________ TO TH BORROWER
AT THE LOWEST BASIS COST OF MONEY;
WHEREAS THE UNDERSIGNED HAS SUBMITTED A BID FOR THE HEREINAFTER MORE
FULLY DESCRIBED LOAN AT AN ANNUAL RATE OF _____ PERCENT PER ANNUM,
PAYABLE SEMIANNUALLY;
NOW, THEREFORE, IN CONSIDERATION OF THE PREMISES AND OF THE MUTUAL
COVENANTS HEREINAFTER SET FORTH, THE PARTIES HERETO AGREE AS FOLLOWS:
SECTION 1. COMMITMENT.
1.1 SUBJECT TO THE TERMS AND CONDITIONS OF THIS LOAN AGREEMENT THE
UNDERSIGNED AGREES TO MAKE LOANS TO THE BORROWER AT ANY TIME AND FROM
TIME TO TIME FROM THE DATE OF THIS LOAN AGREEMENT TO AND INCLUDING
__________ (OR SUCH EARLIER DATE AS THE ENTIRE LOAN OFFERED HEREIN BY
THE UNDERSIGNED SHALL HAVE BEEN AVAILED OF), IN AN AGGREGATE PRINCIPAL
AMOUNT UP TO THE AMOUNT OF __________ U.S. DOLLARS (U.S. $__________).
1.2 EACH BORROWING HEREUNDER SHALL BE MADE ON SUCH DATE (HEREINAFTER
REFERRED TO AS A "DISBURSEMENT DATE") AS MAY BE DESIGNATED BY THE
BORROWER UPON THREE (3) DAYS' CONCURRENT WRITTEN NOTICE FROM THE
BORROWER TO THE UNDERSIGNED. THE INITIAL BORROWING HEREUNDER SHALL BE
MADE PRIOR T __________, 19__. EXCEPT FOR THE LAST BORROWING, EACH SUCH
NOTICE SHALL REQUEST A BORROWING AGGREGATING AT LEAST __________ (U.S.
$__________). EACH NOTICE REQUESTING DISBURSEMENT (A) SHALL SPECIFY THE
AMOUNT OF THE LOAN TO BE MADE BY THE UNDERSIGNED ON THE DISBURSEMENT
DATE; (B) SHALL BE DELIVERED TO THE UNDERSIGNED AT ITS ADDRESS SET
FORTH IN SECTION 7.3 HEREOF; (C) SHALL SPECIFY THE ACCOUNT OF THE
BORROWER AT SUCH BANK TO WHICH THE PROCEEDS OF EACH LOAN ARE TO BE
CREDITED; AND (D) SHALL HAVE ANNEXED THERETO THE DOCUMENTATION SET
FORTH IN EXHIBIT A (DISBURSEMENT PROCEDURES) ANNEXED HERETO.
1.3 THE BORROWER HEREBY AGREES TO PAY TO THE UNDERSIGNED A COMMITMENT
FEE COMPUTED AT THE RATE O ONE-QUARTER OF ONE PERCENT (1/4%) PER ANNUM
ON THE DAILY AVERAGE UNUSED AMOUNT OF THE COMMITMENT FROM __________ TO
AND INCLUDING __________ (OR SUCH EARLIER DATE AS THE ENTIRE COMMITMENT
OF THE UNDERSIGNED SHALL HAVE BEEN AVAILED OF). SUCH COMMITMENT FEE
SHALL BE CALCULATED ON A 365-DAY BASI AND ACTUAL DAYS ELAPSED.
1.4 THE UNDERSIGNED MAY SELL PARTICIPATIONS IN THE LOAN TO LEGAL
ENTITIES DOING BUSINESS IN THE UNITED STATES.
1.5 AT THE TIME AT WHICH THE BORROWER SHALL SEND THE NOTICES REQUIRED
BY SECTION 1.2 ABOVE TO TH UNDERSIGNED IT SHALL DELIVER THERETO A
PROMISSORY NOTE (WHICH SHALL BE SUBSTANTIALLY IN THE FORM OF EXHIBIT B
ANNEXED HERETO (WITH THE BLANKS APPROPRIATELY FILLED IN)) EVIDENCING THE
OBLIGATION OF TH BORROWER TO REPAY THE AMOUNT OF THE LOAN FROM THE
UNDERSIGNED WITH INTEREST THEREON AS HEREINAFTER SET FORTH. UPON
REQUEST BY THE UNDERSIGNED AT ANY TIME, THE BORROWER SHALL DELIVER TO
THE UNDERSIGNED, IN PLACE OF ANY SUCH PROMISSORY NOTE, TWO OR MORE
SEPARATE PROMISSORY NOTES IN SUCH AMOUNTS, AGGREGATING NOT MORE THAN THE
AMOUNT OF THE NOTE SUCH NOTES SHALL REPLACE, AS SHALL BE SPECIFIED BY
THE UNDERSIGNED. THE PROMISSORY NOTES HEREINABOVE REFERRED TO ARE
HEREINAFTER REFERRE TO AS THE "NOTES" AND INDIVIDUALLY AS A "NOTE".
SECTION 2. REPAYMENT.
2.1 THE BORROWER HEREBY AGREES:
(A) TO PAY INTEREST ON THE OUTSTANDING BALANCE OF THE PRINCIPAL OF
THE LOANS MADE UNDER THIS LOA AGREEMENT ON A FIXED SEMIANNUAL BASIS,
SUCH INTEREST PAYMENTS TO BEGIN __________, 19__, AND THEREAFTER ON
__________, 19__, AND EACH __________ AND FOLLOWING, UNTIL THE ENTIRE
PRINCIPAL OF TH LOANS SHALL HAVE BEEN REPAID; AND
(B) TO REPAY THE PRINCIPAL OF THE LOANS MADE UNDER THIS LOAN
AGREEMENT IN ACCORDANCE WITH THE PRINCIPAL REPAYMENT SCHEDULE SET FORTH
IN EXHIBIT C ANNEXED HERETO.
(I) IF ON ANY INSTALLMENT REPAYMENT DATE SET FORTH IN THE PRINCIPAL
REPAYMENT SCHEDULE THE BORROWER SHALL NOT HAVE AVAILED ITSELF OF THE
COMMITMENT OF THE UNDERSIGNED IN AN AGGREGATE AMOUNT (LESS REPAYMENTS
PREVIOUSLY MADE) EQUAL TO THE AGGREGATE INSTALLMENT OF PRINCIPAL WHICH
IS REPAYABL ON SUCH DATE TO THE UNDERSIGNED, THE BORROWER SHALL, ON SUCH
INSTALLMENT REPAYMENT DATE, REPAY TO THE UNDERSIGNED THE FULL AMOUNT
(LESS REPAYMENTS PREVIOUSLY MADE) TO WHICH IT HAS AVAILED ITSELF OF THE
COMMITMENT OF THE UNDERSIGNED TO SUCH DATE, TOGETHER WITH THE INTEREST
ACCRUED THEREON. IF AT ANY TIME THEREAFTER THE BORROWER SHALL AVAIL
ITSELF OF THE COMMITMENT OF THE UNDERSIGNED IN AN AMOUNT WHICH WOULD
HAVE BEEN PAYABLE ON A PRIOR INSTALLMENT REPAYMENT DATE BUT FOR THE
PROVISIONS O THE IMMEDIATELY PRECEDING SENTENCE, SUCH AMOUNT, TOGETHER
WITH INTEREST ACCRUED THEREON, SHALL BE REPAYABLE ON THE NEXT SUCCEEDING
INSTALLMENT DATE OF THE PRINCIPAL REPAYMENT SCHEDULE OCCURRING AFTER THE
DISBURSEMENT OF SUCH AMOUNT AND THE SAID AGGREGATE INSTALLMENT OF
PRINCIPAL REPAYABLE UNDER THE PRINCIPAL REPAYMENT SCHEDULE TO THE
UNDERSINGED ON THAT DATE SHALL BE INCREASED BY SUCH AMOUNT.
(II) IF BY THE DATE SPECIFIED IN PARAGRAPH 1.1 ABOVE, THE BORROWER
SHALL NOT HAVE AVAILED ITSELF OF THE ENTIRE AMOUNT OF THE COMMITMENT,
THE INSTALLMENTS OF PRINCIPAL REPAYABLE TO THE UNDERSIGNED SET FORTH IN
THE PRINCIPAL REPAYMENT SCHEDULE SHALL BE REDUCED IN THE INVERSE ORDER
OF THE MATURITY THEREOF TO THE EXTENT OF THE UNUSED BALANCE OF THE
COMMITMENT.
2.2 THE UNDERSIGNED MAY SELL OR ASSIGN, AT ANY TIME, IN WHOLE OR IN
PART, ANY ONE OR MORE OF THE NOTES AND/OR ITS RIGHTS TO RECEIVE
REPAYMENTS.
2.3 EACH NOTE SHALL BE DATED THE DISBURSEMENT DATE OF THE LOAN WHICH
SUCH NOTE EVIDENCES AND SHALL BEAR INTEREST AT A RATE OF _____ PERCENT
(_____%) PER ANNUM ON THE UNPAID PRINCIPAL AMOUNT OF SUCH NOTE UNTIL
SUCH AMOUNT SHALL BE PAID IN FULL. SUCH INTEREST ON EACH NOTE SHALL BE
PAYABLE WIT THE PRINCIPAL AS PROVIDED IN 2.1. THE NOTES SHALL BE
COMPLETED BY THE BORROWER IN SUCH A MANNER THAT REPAYMENT OF SUCH LOANS
SHALL BE MADE IN THE ORDER OF THEIR DISBURSEMENT, UTILIZING THE
PRINCIPAL REPAYMENT SCHEDULE SET FORTH IN EXHIBIT C (AS THE SAME MAY BE
ADJUSTED IN ACCORDANCE WITH SECTIONS 2.1(B)(I) AND 2.1(B)(II) HEREOF),
AND, IN DETERMINING WHETHER A PARTICULAR LOAN IS PAYABLE IN ONE OR MORE
INSTALLMENTS, UTILIZING A PARTICULAR INSTALLMENT PAYMENT DATE ONLY AFTER
THE FULL UTILIZATION OF THE NEXT PRECEDING INSTALLMENT DATE.
2.4 THE BORROWER MAY, WITH THE PRIOR WRITTEN CONSENT OF THE
UNDERSIGNED, WHICH CONSENT WILL NOT BE UNREASONABLY WITHHELD, PREPAY ANY
OF THE NOTES HELD BY THE UNDERSIGNED, IN WHOLE OR IN PART, ON ANY
REPAYMENT DATE, WITH ACCRUED INTEREST TO THE DATE OF SUCH PREPAYMENT ON
THE AMOUNT PREPAID.
2.5 WHENEVER ANY PAYMENTS HEREUNDER OR UNDER ANY NOTE SHALL BE DUE ON
A SATURDAY, SUNDAY OR PUBLIC HOLIDAY UNDER THE LAWS OF THE DISTRICT OF
COLUMBIA, SUCH PAYMENT MAY BE MADE ON THE NEXT SUCCEEDING BUSINESS DAY,
AND SUCH EXTENSION OF TIME SHALL, IN SUCH CASE, BE INCLUDED IN COMPUTING
INTEREST IN CONNECTION WITH SUCH PAYMENT, BUT EXCLUDED FROM THE NEXT
INTEREST PERIOD.
2.6. ALL PAYMENTS BY THE BORROWER TO THE UNDERSIGNED UNDER THIS LOAN
AGREEMENT AND ON THE NOTES, INCLUDING WITHOUT LIMITATION PAYMENTS OF
PRINCIPAL OF, AND INTEREST ON, THE NOTES AND PAYMENT OF AN COMMITMENT
FEES OR OTHER FEES OR EXPENSES HEREUNDER, SHALL BE PAYABLE TO THE
UNDERSIGNED AT THE ADDRESS SET FORTH IN SECTION 7.3 HEREOF IN U.S.
DOLLARS AND IN IMMEDIATELY AVAILABLE FUNDS.
SECTION 3. REPRESENTATIONS AND WARRANTIES.
THE UNDERSIGNED HAS ENTERED INTO THIS LOAN AGREEMENT AND WILL MAKE
THE LOANS PROVIDED FOR HEREIN ON THE BASIS OF THE FOLLOWING
REPRESENTATIONS AND WARRANTIES OF THE BORROWER:
3.1 THE BORROWER HAS FULL POWER, AUTHORITY AND LEGAL RIGHT TO INCUR
THE INDEBTEDNESS CONTEMPLATE IN THIS LOAN AGREEMENT ON THE TERMS AND
CONDITIONS CONTAINED HEREIN, AND TO EXECUTE, DELIVER AND PERFORM THIS
LOAN AGREEMENT AND THE NOTES;
3.2 THE EXECUTION, DELIVERY AND PERFORMANCE OF THIS LOAN AGREEMENT
AND THE NOTES WILL NOT VIOLAT ANY PROVISIONS OF, AND HAVE BEEN DULY AND
VALIDLY AUTHORIZED UNDER, THE LAWS OF THE BORROWER, AND ALL ACTIONS
NECESSARY TO AUTHORIZE THE BORROWINGS HEREUNDER AND THE EXECUTION,
DELIVERY AND PERFORMANCE OF THIS LOAN AGREEMENT AND THE NOTES HAVE BEEN
DULY TAKEN; AND
3.3 THIS LOAN AGREEMENT HAS BEEN, AND EACH OF THE NOTES WHEN ISSUED
WILL BE, DULY EXECUTED AND DELIVERED BY PERSONS THEREUNTO DULY
AUTHORIZED, AND THIS LOAN AGREEMENT CONSTITUTES, AND EACH OF TH NOTES
WHEN ISSUED WILL CONSTITUTE, THE VALID, LEGALLY BINDING, DIRECT AND
UNCONDITIONAL GENERAL OBLIGATION OF THE BORROWER, ENFORCEABLE IN
ACCORDANCE WITH ITS RESPECTIVE TERMS.
SECTION 4. CONDITIONS OF LENDING.
4.1 THE OBLIGATION OF THE UNDERSIGNED TO MAKE THE INITIAL LOAN TO BE
MADE BY IT HEREUNDER IS SUBJECT TO THE CONDITION PRECEDENT THAT, PRIOR
TO THE FIRST DISBURSEMENT DATE, IT SHALL HAVE RECEIVED AN OPINION IN THE
ENGLISH LANGUAGE OF THE ATTORNEY GENERAL OF THE GOVERNMENT OF __________
DATED THE DATE OF THE INITIAL DISBURSEMENT DATE, TO THE SAME EFFECT AS
SECTIONS 3.1, 3.2, AND 3.3 HEREOF, AND TO THE FURTHER EFFECT THAT
SPECIFIED OFFICIALS OF THE BORROWER IDENTIFIED BY NAME AND TITLE IN SUCH
OPINION ARE DULY AUTHORIZED TO EXECUTE AND DELIVER THIS LOAN AGREEMENT,
THE NOTES AND SUCH OTHER DOCUMENTS AS MAY BE REQUIRED HEREUNDER ON
BEHALF OF THE BORROWER, TO ESTABLISH AND DRAW UPON AN ACCOUNT OF THE
BORROWER AT THE BANK TO WHICH ACCOUNT THE UNDERSIGNED SHALL DISBURSE THE
PROCEEDS OF ALL BORROWINGS HEREUNDER, AND TO CERTIFY TO SUCH BANK ON
BEHALF OF THE BORROWER THE IDENTITY, NAMES AND TITLES OF ANY OTHER OR
ADDITIONAL OFFICIALS OF THE BORROWER WHO THEREAFTER MAY BE SO
AUTHORIZED.
4.2 THE OBLIGATION OF THE UNDERSIGNED TO MAKE THE INITIAL LOAN TO BE
MADE BY IT HEREUNDER IS SUBJECT TO THE FURTHER CONDITIONS PRECEDENT
THAT, PRIOR TO THE FIRST DISBURSEMENT, IT SHALL HAVE RECEIVED:
(A) THE GUARANTY OF THE UNITED STATES (THE "GUARANTY"), EXECUTED BY
DOD, GUARANTYING IT AGAINST ALL POLITICAL AND CREDIT RISKS OF NONPAYMENT
OF THE OBLIGATIONS OF THE BORROWER TO THE UNDERSIGNED HEREUNDER
(INCLUDING THE ENTIRE AMOUNT OF THE PRINCIPAL LOANED BY THE UNDERSIGNED
HEREUNDER AND INTEREST THEREON AT THE RATE DETERMINED AS SPECIFIED
HEREIN, BUT EXCLUDING ANY AMOUNTS OWING FOR COMMITMENT FEES OR OTHER
FEES OR EXPENSES), UP TO A MAXIMUM AGGREGATE LIABILITY TO THE
UNDERSIGNED UNDER THE GUARANTY ON THE PART OF THE UNITED STATES OF
$__________ DOLLARS (U.S. $__________), PURSUANT TO THE ACT; AND
(B) AN OPINION OF THE GENERAL COUNSEL OF DOD, TO THE EFFECT THAT (I)
DOD HAS FULL POWER, AUTHORITY AND LEGAL RIGHT TO EXECUTE, DELIVER AND
PERFORM THE GUARANTY, (II) THE GUARANTY HAS BEEN EXECUTED IN ACCORDANCE
WITH AND PURSUANT TO THE TERMS AND PROVISIONS OF THE ACT AND DOD HAS
NOT, IN ISSUING THE GUARANTY, EXCEEDED THE MAXIMUM AMOUNT OF GUARANTIES
AUTHORIZED TO BE ISSUED UNDER THE ACT, (III) THE GUARANTY HAS BEEN DULY
EXECUTED AND DELIVERED BY A DULY AUTHORIZED REPRESENTATIVE OF DOD, AND
(IV) THE GUARANTY CONSTITUTES THE VALID AND LEGALLY BINDING OBLIGATION
OF THE UNITED STATES, ENFORCEABLE IN ACCORDANCE WITH THE TERMS THEREOF
AND BACKED BY THE FULL FAITH AND CREDIT OF THE UNITED STATES.
4.3 THE OBLIGATION OF THE UNDERSIGNED TO MAKE ANY LOAN TO BE MADE BY
IT HEREUNDER, INCLUDING THE INITIAL LOAN, IS SUBJECT TO THE FURTHER
CONDITIONS PRECEDENT THAT:
(A) NO EVENT OF DEFAULT WITHIN THE MEANING OF SECTION 6 OF THIS LOAN
AGREEMENT, AND NO OTHER DEFAULT WITH RESPECT TO ANY OF THE NOTES, SHALL
HAVE OCCURRED;
(B) THE UNDERSIGNED SHALL HAVE RECEIVED A NOTE OR NOTES PAYABLE TO
ITS ORDER (OR TO THE ORDER OF SUCH OTHER PERSON OR PERSONS AS THE
UNDERSIGNED MAY SPECIFY) IN THE AMOUNT OF THE PARTICULAR LOAN, EXECUTED
BY THE DULY AUTHORIZED REPRESENTATIVES OF THE BORROWER;
(C) THE UNDERSIGNED SHALL HAVE RECEIVED THE DOCUMENTATION SPECIFIED
IN EXHIBIT A ANNEXED HERETO, EXECUTED BY THE DULY AUTHORIZED
REPRESENTATIVES OF THE BORROWER; AND
(D) ALL LEGAL MATTERS INCIDENT TO THE GUARANTY AND THE TRANSACTIONS
CONTEMPLATED BY THIS LOAN AGREEMENT SHALL BE SATISFACTORY TO THE COUNSEL
OF THE UNDERSIGNED.
SECTION 5. CONVENANTS.
THE BORROWER COVENANTS AND AGREES THAT FROM AND AFTER THE DATE OF
THIS LOAN AGREEMENT AND SO LONG AS ANY AMOUNTS REMAIN UNPAID ON ACCOUNT
OF THE NOTES OR OTHERWISE UNDER THIS LOAN AGREEMENT:
(A) ALL PAYMENTS ON ACCOUNT OF THE PRINCIPAL OF, AND INTEREST ON, THE
NOTES, COMMITMENT FEES AND OTHER FEES AND EXPENSES SHALL BE MADE FREE
AND CLEAR OF, AND WITHOUT DEDUCTION FOR, ANY AND ALL TAXES, LEVIES,
IMPOSTS, DUTIES, FEES, CHARGES, DEDUCTIONS, WITHHOLDINGS, RESTRICTIONS
OR CONDITIONS OF ANY NATURE WHATSOEVER NOW OR HEREAFTER IMPOSED, LEVIED,
COLLECTED OR ASSESSED WITH RESPECT THERETO BY THE BORROWER OF ANY
CENTRAL OR LOCAL AUTHORITY THEREOF OR THEREIN;
(B) ANY CLAIM WHICH IT MAY NOW OR HEREAFTER HAVE AGAINST ANY PERSON,
CORPORATION, FIRM OR ASSOCIATION OR OTHER ENTITY (INCLUDING WITHOUT
LIMITATION, THE UNITED STATES, DOD, ANY BANK, ANY ASSIGNEE OF ANY BANK,
AND ANY SUPPLIER OF THE DEFENSE ITEMS) IN CONNECTION WITH ANY
TRANSACTION, FO ANY REASON WHATSOEVER, SHALL NOT AFFECT THE OBLIGATION
OF THE BORROWER TO MAKE THE PAYMENTS REQUIRE TO BE MADE TO THE
UNDERSIGNED UNDER THIS LOAN AGREEMENT, OR UNDER THE NOTES, AND SHALL NOT
BE USED OR ASSERTED AS A DEFENSE TO THE PAYMENT OF SUCH OBLIGATION OR AS
A SETOFF, COUNTERCLAIM, OR DEDUCTION AGAINST SUCH PAYMENTS;
(C) IF WILL PAY ANY AND ALL STAMP TAXES AND OTHER TAXES OF SIMILAR
CHARACTER, IF ANY, NOW OR HEREAFTER IN EFFECT, IMPOSED WITH RESPECT TO
THIS LOAN AGREEMENT OR THE NOTES (INCLUDING, WITHOUT LIMITATION, ANY
UNITED STATES INTEREST EQUALIZATION TAX OR SIMILAR FUTURE TAX), AND WILL
SAVE THE HOLDER OF ANY NOTE HARMLESS FROM ANY AND ALL LOSSES OR
LIABILITIES WITH RESPECT TO OR RESULTING FRO ANY DELAY OR OMISSION TO
PAY SUCH TAXES.
(D) ANY LEGAL ACTION OR PROCEEDING AGAINST IT BY THE UNDERSIGNED WITH
RESPECT TO THIS LOAN AGREEMENT OR THE NOTES MAY BE BROUGHT IN THE
SUPERIOR COURT OF THE DISTRICT OF COLUMBIA OR IN THE UNITED STATES
DISTRICT COURT FOR THE DISTRICT OF COLUMBIA OR IN THE COURTS OF THE
BORROWER, AS THE UNDERSIGNED MAY ELECT, AND BY EXECUTION AND DELIVERY OF
THIS LOAN AGREEMENT, THE BORROWER SUBMITS T EACH SUCH JURISDICTION. IN
THE CASE OF THE SUPERIOR COURT OF THE DISTRICT OF COLUMBIA OR OF THE
UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA, THE BORROWER
CONSENTS TO THE SERVICE OF PROCESS OUT OF SAID COURTS BY MAILING COPIES
OF SUCH PROCESS BY REGISTERED UNITED STATES MAIL, POSTAGE PAID, TO IT AT
ITS ADDRESS SET FORTH IN SECTION 7.3 HEREOF; AND
(E) ALL LOANS MADE HEREUNDER SHALL BE UTILIZED SOLELY FOR THE
PROCUREMENT OF THE DEFENSE ITEMS PURSUANT TO PURCHASE ARRANGEMENTS
AUTHORIZED BY DOD.
SECTION 6. DEFAULTS.
UPON THE OCCURRENCE OF ANY OF THE FOLLOWING EVENTS OR DEFAULT:
(A) IF THE BORROWER FAILS FOR A PERIOD OF TEN (10) DAYS TO MAKE ANY
PAYMENT OF PRINCIPAL OF, OR INTEREST ON, ANY NOTE OR OF ANY COMMITMENT
FEE HEREUNDER, WHEN DUE; OR
(B) IF ANY REPRESENTATION OR WARRANTY MADE BY THE BORROWER HEREIN OR
IN ANY CERTIFICATE FURNISHE BY THE BORROWER PURSUANT HERETO, PROVES TO
BE AT ANY TIME INCORRECT IN ANY MATERIAL RESPECT; OR
(C) IF THE BORROWER DEFAULTS IN THE PERFORMANCE OF ANY OTHER TERM,
COVENANT OR AGREEMENT CONTAINED IN THIS LOAN AGREEMENT, AND SUCH DEFAULT
SHALL CONTINUE UNREMEDIED FOR THIRTY (30) DAYS AFTER WRITTEN NOTICE
THEREOF SHALL HAVE BEEN GIVEN TO THE BORROWER BY THE UNDERSIGNED;
THEN, AND IN ANY SUCH EVENT, THE HOLDER OF ANY NOTE MAY DECLARE
IMMEDIATELY DUE AND PAYABLE THE UNPAID PRINCIPAL OF, AND ACCRUED
INTEREST ON, ALL NOTES HELD BY SUCH HOLDER AND SUCH AMOUNTS SHALL BECOME
IMMEDIATELY DUE AND PAYABLE WITHOUT PROTEST, PRESENTMENT, NOTICE OR
OTHER DEMAND OF ANY KIND ALL OF WHICH ARE HEREBY EXPRESSLY WAIVED BY THE
BORROWER, AND THE UNDERSIGNED MAY TERMINATE ITS COMMITMENT HEREUNDER.
SECTION 7. MISCELLANEOUS.
7.1 UPON THE EXECUTION OF THIS LOAN AGREEMENT, THE BORROWER SHALL PAY
TO THE UNDERSIGNED THE AGGREGATE SUM OF $__________ IN PAYMENT OF THE
FEE CHARGED BY DOD WITH RESPECT TO THE GUARANTY.
7.2 NO FAILURE TO EXERCISE AND NO DELAY IN EXERCISING ON THE PART OF
THE UNDERSIGNED, ANY RIGHT, POWER OR PRIVILEGE HEREUNDER SHALL OPERATE
AS A WAIVER THEREOF, NOR SHALL ANY SINGLE OR PARTIAL EXERCISE OF ANY
RIGHT, POWER OR PRIVILEGE PRECLUDE ANY OTHER OR FURTHER EXERCISE
THEREOF, OR THE EXERCISE OF ANY OTHER POWER OR RIGHT. THE RIGHTS AND
REMEDIES HEREIN PROVIDED ARE CUMULATIVE AND NOT EXCLUSIVE OF ANY RIGHTS
OR REMEDIES PROVIDED IN THIS LOAN AGREEMENT.
7.3 EXCEPT AS OTHERWISE PROVIDED IN THIS LOAN AGREEMENT, ALL NOTICES,
REQUESTS OR DEMANDS HEREUNDER SHALL BE DEEMED TO HAVE BEEN GIVEN OR MADE
UPON THE MAILING OF THE SAME BY AIR MAIL, POSTAGE PREPAID, OR IN THE
CASE OF TELEGRAPHIC NOTICE, ON DELIVERY TO THE TELEGRAPH COMPANY,
ADDRESSED IN THE CASE OF THE BORROWER TO THE EMBASSY OF THE GOVERNMENT
OF __________, IN WASHINGTON D.C., AND IN THE CASE OF THE UNDERSIGNED TO
__________ OR TO SUCH OTHER ADDRESSES AS ANY PARTY MAY FROM TIME TO TIME
HEREAFTER DESIGNATE IN WRITING TO THE OTHER.
7.4 THIS LOAN AGREEMENT AND THE NOTES SHALL BE CONSTRUED AND
INTERPRETED IN ACCORDANCE WITH THE LAWS OF THE DISTRICT OF COLUMBIA,
UNITED STATES OF AMERICA, UNLESS PRIOR TO THE EXECUTION OF THIS LOAN
AGREEMENT AND THE NOTES THE PARTIES HERETO HAVE BY WRITTEN STIPULATION
AGREED THAT THE LAWS OF ANOTHER JURISDICTION OF THE UNITED STATES SHALL
BE APPLIED.
7.5 THIS LOAN AGREEMENT SHALL BE BINDING UPON AND INURE TO THE
BENEFIT OF THE BORROWER AND THE UNDERSIGNED AND THEIR RESPECTIVE
SUCCESSORS AND ASSIGNS, EXCEPT THAT THE BORROWER MAY NOT ASSIGN IT
RIGHTS HEREUNDER WITHOUT THE PRIOR WRITTEN CONSENT OF THE UNDERSIGNED.
ALL AGREEMENTS, COVENANTS, REPRESENTATIONS AND WARRANTIES MADE HEREIN
SHALL SURVIVE THE DELIVERY OF THE NOTES AND THE MAKING O THE LOANS
HEREUNDER.
7.6 THIS LOAN AGREEMENT MAY BE EXECUTED IN ANY NUMBER OF
COUNTERPARTS, EACH OF WHICH WHEN SO EXECUTED AND DELIVERED SHALL BE AN
ORIGINAL, BUT ALL THE COUNTERPARTS SHALL TOGETHER CONSTITUTE A SINGLE
INSTRUMENT. EXHIBITS A AND B ATTACHED HERETO ARE, BY THIS REFERENCE,
MADE A PART OF THIS LOAN AGREEMENT.
7.7 IN CASE ANY ONE OR MORE OF THE PROVISIONS CONTAINED IN THIS LOAN
AGREEMENT OR IN ANY OF THE NOTES SHOULD BE INVALID, ILLEGAL OR
UNENFORCEABLE IN ANY RESPECT, THE VALIDITY, LEGALITY AND ENFORCEABILITY
OF THE REMAINING PROVISIONS CONTAINED HEREIN AND THEREIN SHALL NOT IN
ANY WAY BE AFFECTED OR IMPAIRED THEREBY.
IN WITNESS WHEREOF, THE PARTIES HERETO HAVE CUASED THIS LOAN
AGREEMENT TO BE EXECUTED AND SEALED BY THEIR DULY AUTHORIZED OFFICERS
AND REPRESENTATIVES ON THE DAY AND YEAR FIRST ABOVE WRITTEN.
(SEAL)
(SEAL)
EXHIBIT A
DISBURSEMENT PROCEDURES
THE FOLLOWING PROCEDURES AND CONDITIONS SHALL BE COMPILED WITH PRIOR
TO EACH DISBURSEMENT TO BE MADE BY THE UNDERSIGNED TO THE BORROWER:
1. THE DESIGNATED REPRESENTATIVE OF THE GOVERNMENT OF __________
SHALL EXECUTE AND DELIVER EACH REQUEST FOR DISBURSEMENT TO THE
UNDERSIGNED AT ITS ADDRESS SET FORTH IN SECTION 7.3 OF THE FOREGOIN LOAN
AGREEMENT.
2. EACH REQUEST SHALL BE ACCOMPANIED BY A COPY OF THE WRITTEN
COMMUNICATION FROM DOD AUTHORIZING THE BORROWER TO ENTER INTO THE
PURCHASE ARRANGEMENT(S) PURSUANT TO WHICH THE DISBURSEMENT IS REQUESTED.
3. EACH REQUEST ALSO SHALL BE ACCOMPANIED BY A CERTIFICATION OF THE
BORROWER AS FOLLOWS:
THE GOVERNMENT OF __________ CONFIRMS THAT THE PROCEEDS OF THIS
DISBURSEMENT WILL BE APPLIED ENTIRELY TO THE PAYMENT OF AMOUNTS THAT
HAVE BECOME PROPERLY DUE PURSUANT TO THE PURCHASE ARRANGEMENT(S)
AUTHORIZED BY THE DEPARTMENT OF DEFENSE OF THE UNITED STATES OF AMERICA
IN THE ATTACHED WRITTEN COMMUNICATION. THIS DISBURSEMENT IS REQUESTED
BY THE GOVERNMENT OF __________ PURSUANT TO THE TERMS OF THE LOAN
AGREEMENT OF __________ BETWEEN THE GOVERNMENT OF __________ AND THE
UNDERSIGNED, AND CONFIRMS THAT THE SAID PURCHASE ARRANGEMENT(S)
(WAS/WERE) AUTHORIZED BY THE DEPARTMENT OF DEFENSE OF THE UNITED STATES
OF AMERICA PURSUANT TO THE AFORESAID LOAN AGREEMENT. TH GOVERNMENT OF
__________ FURTHER CONFIRMS THAT THE UNDERSIGNED TO WHICH THIS
CERTIFICATION IS ADDRESSED IS AUTHORIZED TO MAKE THIS DISBURSEMENT BY
CREDITING THE AMOUNT THEREOF TO ACCOUNT NUMBER _____, AT SUCH BANK, AND
THAT __________, WHOSE SIGNATURE APPEARS BELOW, IS (AND, UNTIL FURTHER
WRITTEN NOTICE, SHALL CONTINUE TO BE) AUTHORIZED TO DRAW UPON SUCH
ACCOUNT ON BEHALF OF THE GOVERNMENT OF __________.
SIGNATURE OF THE REPRESENTATIVE OF THE GOVERNMENT OF __________ WHO
IS AUTHORIZED TO DRAW UPON IT ACCOUNT: __________
GOVERNMENT OF __________
BY (NAME AND TITLE TYPED)
EXHIBIT B
PROMISSORY NOTE
U.S. $__________
FOR VALUE RECEIVED, THE UNDERSIGNED, THE GOVERNMENT OF __________,
HEREBY PROMISES TO PAY TO THE ORDER OF __________, OR ITS ASSIGNS, THE
PRINCIPAL SUM OF __________ UNITED STATES DOLLARS (U.S. $__________) AS
FOLLOWS:
TOGETHER WITH INTEREST ON ANY AND ALL AMOUNTS REMAINING UNPAID
HEREUNDER FROM TIME TO TIME FROM THE DATE HEREOF UNTIL THIS NOTE SHALL
BE PAID IN FULL, PAYABLE SEMIANNUALLY ON __________ AND __________ OF
EACH YEAR FROM THE DATE HEREOF, COMMENCING __________, 197_, AT THE RATE
OF _____ PERCENT (_____%), PER ANNUM. SUCH INTEREST SHALL BE CALCULATED
USING A 365-DAY FACTOR, BOTH PRINCIPAL AND INTEREST TO BE PAYABLE IN
IMMEDIATELY AVAILABLE FUNDS IN LAWFUL MONEY OF THE UNITED STATES OF
AMERICA AT THE OFFICE OF THE PAYEE AT __________, OR AT THE PRINCIPAL
PLACE OF BUSINESS O THE ASSIGNEE. ALL PAYMENTS MADE ON ACCOUNT OF THE
PRINCIPAL AMOUNT HEREUNDER SHALL BE ENDORSED BY THE PAYEE, OR ITS
ASSIGNS, ON THE REVERSE SIDE OF THIS NOTE.
WHENEVER ANY PAYMENT TO BE MADE SHALL BE DUE ON A SATURDAY, SUNDAY,
OR A PUBLIC HOLIDAY UNDER THE LAWS OF THE DISTRICT OF COLUMBIA, SUCH
PAYMENT SHALL BE MADE ON THE NEXT SUCCEEDING BUSINESS DAY, AND SUCH
EXTENSION OF TIME SHALL IN SUCH CASE BE INCLUDED IN COMPUTING INTEREST
IN CONNECTION WITH SUCH PAYMENT, BUT EXCLUDED FROM THE NEXT INTEREST
PERIOD.
THIS NOTE IS ONE OF THE NOTES REFERRED TO IN THE LOAN AGREEMENT DATED
__________, 197_, BETWEEN THE GOVERNMENT OF __________ AND __________.
IT IS ENTITLED TO THE BENEFITS OF AND MAY BE PREPAID ON THE TERMS AND
CONDITIONS SPECIFIED IN SAID LOAN AGREEMENT. PREPAYMENTS SHALL BE
APPLIED TO THE INSTALLMENTS HEREOF IN THE INVERSE ORDER OF THEIR
MATURITY.
ALL PAYMENTS OF PRINCIPAL OF, AND INTEREST ON, THIS NOTE ARE PAYABLE
FREE AND CLEAR OF, AND WITHOUT DEDUCTION FOR, ANY TAXES, LEVIES,
IMPOSTS, DUTIES, FEES, CHARGES, DEDUCTIONS, WITHHOLDINGS, RESTRICTIONS
OR CONDITIONS OF ANY NATURE WHATSOEVER NOW OR HEREAFTER IMPOSED, LEVIED,
COLLECTED OR ASSESSED WITH RESPECT THERETO BY THE GOVERNMENT OF
__________ OR ANY CENTRAL OR LOCAL AUTHORITY THEREOF OR THEREIN.
UPON THE OCCURRENCE OF ANY EVENT OF DEFAULT SPECIFIED IN SAID LOAN
AGREEMENT, THE ENTIRE UNPAID PRINCIPAL HEREOF AND INTEREST HEREON TO THE
DATE OF PAYMENT MAY BE DECLARED TO BE FORTHWITH DUE AND PAYABLE AS
PROVIDED IN SAID LOAN AGREEMENT. THE GOVERNMENT OF __________ PROMISES
TO PAY ALL OUT-OF-POCKET COSTS AND EXPENSES (INCLUDING THE REASONABLE
FEES AND OUT-OF-POCKET EXPENSES OF COUNSEL) IN CONNECTION WITH
COLLECTION AFTER DEFAULT OF THIS NOTE.
GOVERNMENT OF
BY (SEAL)
(NAME AND TITLE TYPED)
EXHIBIT C
PRINCIPAL REPAYMENT SCHEDULE
THE FIRST $_______ OF DISBURSEMENTS ARE REPAYABLE ON _______
THE NEXT $_______ OF DISBURSEMENTS ARE REPAYABLE ON _______
THE NEXT $_______ OF DISBURSEMENTS ARE REPAYABLE ON _______
THE NEXT $_______ OF DISBURSEMENTS ARE REPAYABLE ON _______
THE NEXT $_______ OF DISBURSEMENTS ARE REPAYABLE ON _______
THE NEXT $_______ OF DISBURSEMENTS ARE REPAYABLE ON _______
THE NEXT $_______ OF DISBURSEMENTS ARE REPAYABLE ON _______
THE LAST $_______ OF DISBURSEMENTS ARE REPAYABLE ON _______
ANNEX C
ESTIMATED REPAYMENT SCHEDULE
REPUBLIC OF KOREA
30 JUN 1975 $833,334
31 DEC 1975 355,000
30 JUN 1976 833,334
31 DEC 1976 355,000
30 JUN 1977 833,334
31 DEC 1977 355,000
30 JUN 1978 833,333
31 DEC 1978 355,000
30 JUN 1979 833,333
31 DEC 1979 355,000
30 JUN 1980 833,333
31 DEC 1980 355,000
30 JUN 1981 833,333
31 DEC 1981 355,000
30 JUN 1982 833,333
31 DEC 1982 355,000
30 JUN 1983 833,333
31 DEC 1983 80,000
30 JUN 1984 500,000
31 DEC 1984 80,000
CREDIT AGREEMENT
CREDIT AGREEMENT, MADE AND ENTERED INTO THE 26TH DAY OF MARCH __,
1974, BETWEEN THE GOVERNMENT OF THE REPUBLIC OF KOREA, REPRESENTED BY
ITS AMBASSADOR TO THE UNITED STATES, AND THE GOVERNMENT OF TH UNITED
STATES OF AMERICA, REPRESENTED BY THE DEPARTMENT OF DEFENSE OF THE
UNITED STATES OF AMERICA.
WITNESSETH
WHEREAS, THE GOVERNMENT OF THE REPUBLIC OF KOREA (HEREINAFTER
SOMETIMES REFERRED TO AS THE "BORROWER") DESIRES TO ENTER, OR HAS
ENTERED, INTO PURCHASE CONTRACTS (HEREINAFTER REFERRED TO AS "PURCHASE
ARRANGEMENTS") WITH THE MILITARY DEPARTMENTS AND AGENCIES OF THE UNITED
STATES DEPARTMENT OF DEFENSE (HEREINAFTER REFERRED TO AS "DOD") AND/OR
VARIOUS UNITED STATES COMMERCIAL SUPPLIERS FOR THE PURCHASE OF DEFENSE
ARTICLES AND DEFENSE SERVICES OF UNITED STATES ORIGIN (HEREINAFTER
COLLECTIVELY REFERRED TO AS "DEFENSE ITEMS"); AND
WHEREAS, THE BORROWER HAS REQUESTED THE GOVERNMENT OF THE UNITED
STATES OF AMERICA (HEREINAFTER SOMETIMES REFERRED TO AS THE "LENDER") TO
FINANCE PAYMENTS REQUIRED TO BE MADE BY THE BORROWER UNDE THE PURCHASE
ARRANGEMENTS; AND
WHEREAS, THE AFORESAID REQUESTED CREDIT WILL FACILITATE THE PURPOSES
OF THE UNITED STATES FOREIGN MILITARY SALES ACT, AS AMENDED;
WHEREAS, THE BORROWER AND THE LENDER ENTERED INTO AN INTERIM CREDIT
AGREEMENT ON 26 MARCH 1974;
NOW THEREFORE, IN CONSIDERATION OF THE PREMISES AND THE MUTUAL
COVENANTS HEREINAFTER SET FORTH, AND IN IMPLEMENTATION OF, AND SUBJECT
TO THE PROVISIONS OF THE MUTUAL DEFENSE ASSISTANCE AGREEMENT BETWEEN THE
GOVERNMENT OF THE REPUBLIC OF KOREA AND THE GOVERNMENT OF THE UNITED
STATES OF AMERICA, DATED JANUARY 26, 1950, THE PARTIES HERETO AGREE AS
FOLLOWS:
1. SUBJECT TO THE TERMS AND CONDITIONS HEREOF, THE LENDER AGREES TO
MAKE LOANS TO THE BORROWER FROM TIME TO TIME IN AN AGGREGATE PRINCIPAL
AMOUNT UP TO BUT NOT EXCEEDING $5,500,000.
2. THE AFORESAID COMMITMENT (HEREINAFTER CALLED THE "COMMITMENT").
SHALL BE AVAILABLE ONLY TO FINANCE THE PURCHASE OF DEFENSE ITEMS BY THE
BORROWER PURSUANT TO PURCHASE ARRANGEMENTS AUTHORIZED FOR SUCH FINANCING
BY DOD WHICH ARE ENTERED INTO BY THE BORROWER ON OR BEFORE 30 JUNE 1975.
EACH AUTHORIZATION FOR THE BORROWER TO ENTER INTO A PURCHASE
ARRANGEMENT IN IMPLEMENTATION OF THIS CREDI AGREEMENT SHALL BE
SEPARATELY COMMUNICATED BY DOD IN WRITING TO THE BORROWER, WHICH
AUTHORIZATION SHALL SPECIFY THE DEFENSE ITEMS AND THE AMOUNT OF CREDIT
AUTHORIZED FOR THAT PURCHASE ARRANGEMENT. THE BORROWER SHALL
INCORPORATE INTO EACH SUCH PURCHASE ARRANGEMENT WITH COMMERCIAL
SUPPLIERS THE PROVISIONS OF EXHIBIT A HERETO AND ATTACH AS AN EXHIBIT TO
THE PURCHASE ARRANGEMENT A TRUE COPY OF THE APPLICABLE AFORESAID
AUTHORIZATION AND OF PARAGRAPH 9 OF THIS CREDIT AGREEMENT.
3. EACH LOAN HEREUNDER BY THE LENDER SHALL BE MADE IN ACCORDANCE
WITH THE FOLLOWING PROCEDURE:
(1) EACH LOAN SHALL BE MADE ON SUCH DATE (HEREINAFTER REFERRED TO AS
A "DISBURSEMENT DATE") AS MAY BE DESIGNATED BY THE BORROWER FROM TIME TO
TIME UPON TEN (10) DAYS' WRITTEN NOTICE BY THE BORROWER TO THE LENDER.
(2) EACH NOTICE SHALL SPECIFY THE AMOUNT OF THE LOAN TO BE MADE BY
THE LENDER ON THE DISBURSEMEN DATE, AND SHALL SPECIFY THE SUPPLIER OR
SUPPLIERS (INCLUDING THE MILITARY DEPARTMENTS OR AGENCIES O DOD) TO WHOM
THE DISBURSEMENT IS TO BE REMITTED BY THE LENDER.
(3) EACH NOTICE SHALL BE PREPARED IN QUADRUPLICATE ON U.S. STANDARD
FORM 1034 AND SHALL BE SENT TO THE COMPTROLLER, DEFENSE SECURITY
ASSISTANCE AGENCY, THE PENTAGON, WASHINGTON, D.C. 20301.
(4) IN THE CASE OF DISBURSEMENTS REQUESTED TO BE MADE TO COMMERCIAL
SUPPLIERS, THE INVOICES SHAL BE PREPARED IN ACCORDANCE WITH THE
PROCEDURE SET FORTH IN EXHIBIT A HERETO.
(5) IN THE CASE OF DISBURSEMENTS REQUESTED TO BE MADE TO THE MILITARY
DEPARTMENTS AND AGENCIES O DOD, THE NOTICES SHALL HAVE ANNEXED THERETO
COPIES OF THE PAYMENT REQUEST RECEIVED BY THE BORROWER FROM SUCH
MILITARY DEPARTMENT OR AGENCY AGAINST WHICH DISBURSEMENT IS REQUESTED.
(6) WITH EACH NOTICE, THE BORROWER SHALL CONCURRENTLY TRANSMIT TO THE
LENDER AT THE ADDRESS SET FORTH IN SUBPARAGRAPH (3) ABOVE OF THIS
PARAGRAPH A PROMISSORY NOTE SUBSTANTIALLY IN THE FORM OF EXHIBIT B
HERETO (WITH THE BLANKS APPROPRIATELY FILLED IN) RECITING THE OBLIGATION
OF THE BORROWER TO REPAY THE AMOUNT OF SUCH LOAN WITH INTEREST THEREON
AS HEREINAFTER SET FORTH. (THE PROMISSORY NOTES HEREINABOVE REFERRED TO
ARE HEREINAFTER CALLED THE "NOTES" AND INDIVIDUALLY A "NOTE").
4.(A) ALL OCEAN TRANSPORTATION OF THE DEFENSE ARTICLES SHALL BE ON
VESSELS OF UNITED STATES REGISTRY. THE GOVERNMENT OF THE UNITED STATES
WILL GIVE SYMPATHETIC CONSIDERATION ON A CASE-BY-CAS BASIS TO REQUESTS
BY THE BORROWER JUSTIFYING SHIPMENT ON VESSELS OF THE REGISTRY OF THE
BORROWER. CONSIDERATION WILL BE GIVEN TO SECURITY REQUIREMENTS OF THE
BORROWER TO ASSURE SAFE ARRIVAL.
(B) THE BORROWER OR ITS COMMERCIAL SUPPLIER SHALL BE RESPONSIBLE FOR
OBTAINING SUCH EXPORT LICENSES AS MAY BE NECESSARY FOR DEFENSE ITEMS
FINANCED HEREUNDER.
5. THIS AGREEMENT EVIDENCES THE LEGAL AND BINDING OBLIGATION OF THE
BORROWER TO MAKE REPAYMENTS TO THE LENDER FOR DISBURSEMENTS MADE BY THE
LENDER IN ACCORDANCE WITH THE TERMS HEREOF. THE LENDER MAY SELL OR
ASSIGN, IN WHOLE OR IN PART, ITS RIGHTS TO SAID REPAYMENTS AND MAY, WITH
RESPECT TO SUC SALE OR ASSIGNMENT, GUARANTEE PAYMENT OF THE SAME.
6.(A) THE BORROWER HEREBY AGREES:
(I) TO REPAY THE DISBURSEMENTS MADE BY THE LENDER IN ACCORDANCE WITH
THE PRINCIPAL REPAYMENT SCHEDULE SET FORTH IN EXHIBIT C HERETO; AND
(II) TO PAY INTEREST SEMIANNUALLY ON 30 JUNE AND 31 DECEMBER,
COMMENCING 31 DEC 1974 ON THE AMOUNT BY WHICH FROM TIME TO TIME
CUMULATIVE DISBURSEMENTS EXCEED CUMULATIVE REPAYMENTS OF PRINCIPAL.
INTEREST SHALL BE CALCULATED ON A 365-DAY BASIS AND ACTUAL DAYS ELAPSED,
AND IN ACCORDANCE WITH THE PROVISIONS OF PARAGRAPH 2 OF THE AFORESAID
INTERIM CREDIT AGREEMENT OF 26 MARCH 1974.
(B) IF ON ANY INSTALLMENT REPAYMENT DATE SET FORTH IN THE PRINCIPAL
REPAYMENT SCHEDULE THE BORROWER SHALL NOT HAVE AVAILED ITSELF OF THE
COMMITMENT OF THE LENDER IN AN AGGREGATE AMOUNT (LESS REPAYMENTS
PREVIOUSLY MADE) EQUAL TO THE AGGREGATE INSTALLMENT OF PRINCIPAL WHICH
IS REPAYABLE ON SUCH DATE TO THE LENDER, THE BORROWER SHALL, ON SUCH
INSTALLMENT REPAYMENT DATE, REPAY TO THE LENDE THE FULL AMOUNT (LESS
REPAYMENTS PREVIOUSLY MADE) TO WHICH IT HAS AVAILED ITSELF OF THE
COMMITMENT OF THE LENDER TO SUCH DATE, TOGETHER WITH THE INTEREST
ACCRUED THEREON. IF AT ANY TIME THEREAFTER THE BORROWER SHALL AVAIL
ITSELF OF THE COMMITMENT OF THE LENDER IN AN AMOUNT WHICH WOULD HAVE
BEEN PAYABLE ON A PRIOR INSTALLMENT REPAYMENT DATE BUT FOR THE
PROVISIONS OF THE IMMEDIATELY PRECEDING SENTENCE, SUCH AMOUNT, TOGETHER
WITH THE INTEREST ACCRUED THEREON, SHALL BE REPAYABLE ON THE NEXT
SUCCEEDING INSTALLMENT DATE OF THE PRINCIPAL REPAYMENT SCHEDULE
OCCURRING AFTER THE DISBURSEMENT OF SUCH AMOUNT AND THE SAID AGGREGATE
INSTALLMENT OF PRINCIPAL REPAYABLE UNDER THE PRINCIPAL REPAYMENT
SCHEDULE TO THE LENDER ON THAT DATE SHALL BE INCREASED BY SUCH AMOUNT.
(C) IF BY THE DATE SPECIFIED IN PARAGRAPH 2 ABOVE, THE BORROWER SHALL
NOT HAVE ENTERED INTO AUTHORIZED PURCHASE ARRANGEMENTS IN AN AGGREGATE
AMOUNT EQUAL TO THE ENTIRE AMOUNT OF THE COMMITMENT, THE INSTALLMENTS OF
PRINCIPAL REPAYABLE TO THE LENDER SET FORTH IN THE PRINCIPAL REPAYMENT
SCHEDULE SHALL BE REDUCED IN THE INVERSE ORDER OF THE MATURITY THEREOF
TO THE EXTENT OF THE UNUSED BALANCE OF THE COMMITMENT.
(D) WHENEVER ANY REPAYMENT TO BE MADE BY THE BORROWER SHALL BE DUE ON
A SATURDAY, SUNDAY, OR PUBLIC HOLIDAY UNDER THE LAWS OF THE LENDER, SUCH
REPAYMENT MAY BE MADE ON THE NEXT SUCCEEDING BUSINESS DAY, AND SUCH
EXTENSION OF TIME SHALL IN SUCH CASE BE INCLUDED IN COMPUTING INTEREST
IN CONNECTION WITH SUCH REPAYMENT BUT EXCLUDED FROM THE NEXT INTEREST
PERIOD.
(E) THE BORROWER MAY PREPAY THE CREDIT EXTENDED UNDER THIS AGREEMENT
IN PART OR IN FULL ON ANY INTEREST PAYMENT DATE WITHOUT PENALTY OR
PREMIUM, BUT SUCH PREPAYMENT MUST BE ACCOMPANIED BY PAYMEN OF INTEREST
ON THE AMOUNT PREPAID TO THE DATE OF PREPAYMENT AND MUST BE APPLIED TO
THE SATISFACTION OF INSTALLMENTS OF PRINCIPAL REPAYMENTS IN THE INVERSE
ORDER OF THEIR MATURITIES.
(F) ALL REPAYMENTS BY THE BORROWER ON ACCOUNT OF PRINCIPAL OR
INTEREST SHALL BE IN LAWFUL MONEY OF THE UNITED STATES OF AMERICA AND IN
IMMEDIATELY AVAILABLE FUNDS, FREE AND CLEAR OF, AND WITHOUT DEDUCTION
FOR, ANY AND ALL TAXES, LEVIES, IMPOSTS, DEDUCTIONS AND WITHHOLDINGS
WHATSOEVER IMPOSED, LEVIED, COLLECTED OR ASSESSED WITH RESPECT THERETO
BY ANY CENTRAL OR LOCAL AUTHORITY OF THE REPUBLI OF KOREA.
7.(A) THE NOTES SHALL BE FURTHER EVIDENCE OF THE OBLIGATION OF THE
BORROWER TO REPAY THE LOANS MADE HEREUNDER. EACH NOTE SHALL BE DATED
THE PARTICULAR DISBURSEMENT DATE OF THE LOAN WHICH SUCH NOTE EVIDENCES,
SHALL BE PAYABLE TO THE ORDER OF THE GOVERNMENT OF THE UNITED STATES IN
THE PRINCIPAL AMOUNT OF SUCH DISBURSEMENT, AND SHALL BEAR INTEREST ON
THE UNPAID PRINCIPAL AMOUNT THEREOF AS PROVIDED IN PARAGRAPH 2 OF THE
AFORESAID INTERIM CREDIT AGREEMENT OF 26 MARCH 1974 EXCEP AS OTHERWISE
PROVIDED FOR IN PARAGRAPH 6.(D), ANY INTEREST BALANCE NOT PAID ON ITS
DUE DATE SHALL ACCRUE INTEREST THEREON AT THE PER ANNUM RATE SET FORTH
IN PARAGRAPH 2 OF THE AFORESAID INTERIM CREDIT OF 26 MARCH 1974.
(B) THE NOTES SHALL BE COMPLETED BY THE BORROWER IN SUCH A MANNER
THAT REPAYMENT OF SUCH LOANS SHALL BE MADE IN THE ORDER OF THEIR
DISBURSEMENT, UTILIZING THE PRINCIPAL REPAYMENT SCHEDULE SET FORTH IN
EXHIBIT C (AS THE SAME MAY BE ADJUSTED IN ACCORDANCE WITH PARAGRAPHS
6(B) AND 6(C) HEREOF) AND, IN DETERMINING WHETHER A PARTICULAR LOAN IS
PAYABLE IN ONE OR MORE INSTALLMENTS, UTILIZING A PARTICULAR INSTALLMENT
PAYMENT DATE ONLY AFTER THE FULL UTILIZATION OF THE NEXT PRECEDING
INSTALLMENT DATE.
(C) EACH NOTE SHALL BE SIGNED ON BEHALF OF THE BORROWER BY THE
MINISTER OF FINANCE:
8.(A) THE BORROWER REPRESENTS AND WARRANTS THAT THE MAKING AND
PERFORMANCE OF THIS AGREEMENT HAV BEEN DULY AUTHORIZED IN ACCORDANCE
WITH THE LAWS OF THE REPUBLIC OF KOREA AND SHALL FURNISH TO THE LENDER
UPON REQUEST EVIDENCE, SATISFACTORY TO THE LENDER, OF THE AUTHORITY OF
THE PERSON OR PERSONS WHO HAVE SIGNED THIS AGREEMENT ON BEHALF OF THE
BORROWER AND OF THE PERSON OR PERSONS WHO WILL SIGN THE NOTES PROVIDED
FOR HEREIN ON BEHALF OF THE BORROWER, TOGETHER WITH THE AUTHENTICATED
SPECIMEN SIGNATURE, IN DUPLICATE, OF EACH OF THE LATTER.
(B) THIS AGREEMENT SHALL INURE TO THE BENEFIT OF THE HOLDERS OF THE
NOTES, THEIR RESPECTIVE SUCCESSORS AND ASSIGNS. THIS AGREEMENT AND THE
NOTES SHALL BE DEEMED TO BE CONTRACTS UNDER THE LAW OF THE DISTRICT OF
COLUMBIA AND FOR ALL PURPOSES SHALL BE CONSTRUED IN ACCORDANCE WITH SAID
LAW. THE BORROWER AGREES THAT JURISDICTION MAY BE TAKEN BY COURTS IN
THE DISTRICT OF COLUMBIA WITH RESPECT TO MATTERS INVOLVING ANY NOTE,
PROVIDED SUCH NOTE IS HELD BY AN INDIVIDUAL, PARTNERSHIP, CORPORATION,
OR OTHER PRIVATE LEGAL ENTITY.
(C) THE BORROWER SHALL IN ALL CASES PAY WHEN AND AS DUE THE PRINCIPAL
OF AND INTEREST ON ALL NOTES ISSUED HEREUNDER, NOTWITHSTANDING ANY
CLAIMS WHICH THE BORROWER MAY NOW OR HEREAFTER HAVE AGAINST ANY SUPPLIER
OF THE DEFENSE ITEMS, DOD, THE LENDER, OR ANY OTHER PERSONS OR ENTITY IN
CONNECTION WITH ANY OTHER TRANSACTION, FOR ANY REASON WHATSOEVER.
9. UPON THE OCCURRENCE OF ANY OF THE FOLLOWING EVENTS OF DEFAULT:
(1) IF THE BORROWER FAILS FOR A PERIOD OF TEN (10) DAYS TO MAKE ANY
PAYMENT OF PRINCIPAL OF, OR INTEREST ON, ANY NOTE WHEN DUE; OR
(2) IF ANY REPRESENTATION OR WARRANTY MADE BY THE BORROWER HEREIN OR
ANY CERTIFICATE FURNISHED B THE BORROWER PURSUANT HERETO PROVES TO BE AT
ANY TIME INCORRECT IN ANY MATERIEL RESPECT; OR
(3) IF THE BORROWER DEFAULTS IN THE PERFORMANCE OF ANY OTHER TERM,
COVENANT OR UNDERTAKING CONTAINED IN THIS CREDIT AGREEMENT, AND SUCH
DEFAULT SHALL CONTINUE UNREMEDIED FOR 30 DAYS AFTER WRITTEN NOTIFICATION
THEREOF SHALL HAVE BEEN GIVEN TO THE BORROWER BY THE LENDER;
THEN, AND IN ANY SUCH EVENT, THE HOLDER OF ANY NOTE MAY DECLARE
IMMEDIATELY DUE AND PAYABLE THE UNPAID PRINCIPAL OF, AND ACCRUED
INTEREST ON, ANY OR ALL NOTES HELD BY SUCH HOLDER AND SUCH AMOUNTS SHALL
BECOME IMMEDIATELY DUE AND PAYABLE WITHOUT PROTEST, PRESENTMENT, NOTICE
OR OTHER DEMAND OF AN KIND, ALL OF WHICH ARE HEREBY EXPRESSLY WAIVED BY
THE BORROWER, AND THE LENDER MAY TERMINATE ITS COMMITMENT HEREUNDER.
10. ALL COMMUNICATIONS AND OTHER DOCUMENTS REQUIRED OR PERMITTED
HEREUNDER, UNLESS SUBMITTED IN THE ENGLISH LANGUAGE, SHALL BE
ACCOMPANIED BY ONE ENGLISH TRANSLATION FOR EACH COPY OF SUCH DOCUMENTS
TO BE FURNISHED AND, IN THE EVENT OF CONFLICT, THE ENGLISH VERSION SHALL
GOVERN. EXCEPT AS OTHERWISE PROVIDED HEREIN, ALL NOTICES, REQUESTS OR
DEMANDS HEREUNDER SHALL BE DEEMED TO HAVE BEEN GIVEN OR MADE UPON THE
MAILING OF THE SAME, POSTAGE PREPAID, OR IN THE CASE OF TELEGRAPHIC
NOTICE, ON DELIVERY TO THE TELEGRAPHIC COMAPNY, ADDRESSED IN THE CASE OF
THE BORROWER, TO EMBASSY O THE REPUBLIC OF KOREA, WASHINGTON, D.C., AND
IN THE CASE OF THE LENDER TO THE DIRECTOR, DEFENSE SECURITY ASSISTANCE
AGENCY, THE PENTAGON, WASHINGTON, D.C. 20301.
11. THIS AGREEMENT MAY BE EXECUTED IN ANY NUMBER OF COUNTERPARTS AND
BY THE PARTIES HERETO ON SEPARATE COUNTERPARTS, EACH OF WHICH SHALL BE
DEEMED AN ORIGINAL BUT ALL SUCH COUNTERPARTS TO CONSTITUTE ONE AND THE
SAME INSTRUMENT.
12. EXHIBITS A THROUGH C ATTACHED HERETO ARE, BY THIS REFERENCE,
MADE A PART OF THIS AGREEMENT.
IN WITNESS WHEREOF, THE PARTIES HERETO HAVE DULY EXECUTED THIS
AGREEMENT ON THIS 26TH DAY OF MARC 1974.
GOVERNMENT OF THE
REPUBLIC OF KOREA
BY (SIGNED)
HIS EXCELLENCY PYONG-CHOON HAHM
AMBASSADOR
GOVERNMENT OF THE UNITED
STATES OF AMERICA
BY (SIGNED)
RAY PEET
VICE ADMIRAL, USN
DIRECTOR
DEFENSE SECURITY ASSISTANCE AGENCY
EXHIBIT A
PAYMENT PROCEDURES
THE FOLLOWING PROCEDURES AND CONDITIONS SHALL BE ADHERED TO PRIOR TO
EACH DISBURSEMENT TO BE MADE BY THE GOVERNMENT OF THE UNITED STATES FOR
THE ACCOUNT OF THE GOVERNMENT OF __________.
1. THE SUPPLIER SHALL PREPARE AND SUBMIT TO THE DESIGNATED
REPRESENTATIVES OF THE GOVERNMENT OF __________ IN WASHINGTON, D.C.
INVOICES ON U.S. STANDARD FORM 1034 IN SUFFICIENT NUMBER OF COPIES T
PERMIT THE FORWARDING OF FOUR COPIES TO THE DISBURSING OFFICER
DESIGNATED IN PARAGRAPH 5 BELOW.
2. THE SUPPLIER SHALL INSURE THAT EACH INVOICE IS IN ACCORDANCE WITH
RELEVANT PROVISIONS OF ITS PURCHASE ARRANGEMENT WITH THE GOVERNMENT OF
__________.
3. THE SUPPLIER SHALL ATTACH TO EACH INVOICE A STATEMENT THAT
AUTHORIZED REPRESENTATIVES OF THE GOVERNMENT OF THE UNITED STATES SHALL,
UNTIL THE EXPIRATION OF THREE YEARS AFTER FINAL PAYMENT HEREUNDER, HAVE
ACCESS TO AND THE RIGHT TO EXAMINE ANY DIRECTLY RELATED PERTINENT BOOKS,
DOCUMENTS, PAPERS AND RECORDS OF THE SUPPLIER INVOLVING TRANSACTIONS
RELATING TO THE AFORESAID PURCHASE ARRANGEMENT.
4. TO THE EXTENT THAT ANY INVOICE REQUESTS PAYMENT OF ADVANCES, AS
DISTINGUISHED FROM PAYMENT FO DELIVERY OF DEFENSE ITEMS OR REIMBURSEMENT
IN THE FORM OF PROGRESS PAYMENTS FOR WORK OR SERVICES PERFORMED, THE
SUPPLIER SHALL ATTACH TO THE INVOICE A STATEMENT SETTING FORTH THE
UNDERTAKING OF TH SUPPLIER THAT THE FULL AMOUNT OF THE ADVANCE WILL BE
MAINTAINED BY THE SUPPLIER IN A SEGREGATED ACCOUNT WHICH WILL BE APPLIED
SOLELY TO THE PERFORMANCE OF THE SUPPLIER'S OBLIGATIONS UNDER THE
PURCHASE ARRANGEMENT.
5. THE DESIGNATED REPRESENTATIVE OF THE GOVERNMENT OF __________ IN
WASHINGTON, D.C. SHALL FORWARD SUCH INVOICES TO THE COMPTROLLER, DEFENSE
SECURITY ASSISTANCE AGENCY, THE PENTAGON, WASHINGTON, D.C. 20301.
6. EACH INVOICE SHALL BE ACCOMPANIED BY A CERTIFICATION OF THE
GOVERNMENT OF __________ AS FOLLOWS:
THE GOVERNMENT OF __________ CONFIRMS (THAT THE DEFENSE ITEMS SET
FORTH HEREIN HAVE BEEN SATISFACTORILY RECEIVED BY OR FOR THE GOVERNMENT
OF __________) (THAT THE WORK OR SERVICES FOR WHIC PROGRESS PAYMENTS ARE
REQUESTED HAVE BEEN SATISFACTORILY RENDERED) (THAT PAYMENT IS OTHERWISE
DUE) UNDER ITS PURCHASE ARRANGEMENT OF (DATE) FOR THE PURCHASE OF
DEFENSE ITEMS FROM SUPPLIER, AND CERTIFIES THAT THE BILL IS CORRECT AND
JUST AND THAT PAYMENT THEREFOR HAS NOT BEEN MADE. PAYMENT OF THIS
INVOICE IS REQUESTED BY THE MINISTRY OF DEFENSE OF THE GOVERNMENT OF
__________ PURSUANT TO THE TERMS OF THE CREDIT AGREEMENT OF (DATE)
BETWEEN THE __________ OF THE GOVERNMENT OF __________ AND THE
GOVERNMENT OF THE UNITED STATES OF AMERICA. THE GOVERNMENT OF
__________ CONFIRMS THAT SAID PURCHASE ARRANGEMENT IS ONE OF THE
PURCHASE ARRANGEMENTS AUTHORIZED B THE DEPARTMENT OF DEFENSE OF THE
UNITED STATES OF AMERICA PURSUANT TO THE AFORESAID CREDIT AGREEMEN OF
(DATE) AND FURTHER CONFIRMS THAT THE CUMULATIVE TOTAL OF THIS INVOICE
AND INVOICES PREVIOUSLY PAID BY THE GOVERNMENT OF THE UNITED STATES
AGAINST SAID PURCHASE ARRANGEMENT DOES NOT EXCEED THE AGGREGATE CREDIT
CEILING ESTABLISHED BY THE GOVERNMENT OF THE UNITED STATES FOR THE SAID
PURCHASE ARRANGEMENT.
GOVERNMENT OF __________
BY (NAME TYPED)
(TITLE)
EXHIBIT B
PROMISSORY NOTE
PN#
DATE
U.S. __________, WASHINGTON, DC
FOR VALUE RECEIVED, THE UNDERSIGNED, THE GOVERNMENT OF __________
(HEREIN CALLED __________), HEREBY PROMISES TO PAY TO THE ORDER OF THE
GOVERNMENT OF THE UNITED STATES OF AMERICA (HEREIN CALLE "UNITED
STATES") THE PRINCIPAL SUM OF U.S. __________ AS FOLLOWS:
TOGETHER WITH INTEREST ON ANY AND ALL AMOUNTS REMAINING UNPAID
HEREUNDER FROM TIME TO TIME FROM THE DATE HEREOF UNTIL MATURITY, PAYABLE
SEMIANNUALLY ON __________ OF EACH YEAR FROM DATE HEREOF AT THE RATE OF
_____ PER ANNUM USING A 365 DAY FACTOR, BOTH PRINCIPAL AND INTEREST TO
BE PAYABLE IN LAWFUL MONEY OF THE UNITED STATES OF AMERICA AT THE OFFICE
OF THE COMPTROLLER, DEFENSE SECURITY ASSISTANCE AGENCY, WASHINGTON,
D.C., 20301. ALL PAYMENTS MADE ON ACCOUNT OF THE PRINCIPAL AMOUNT
REMAINING UNPAID HEREUNDER SHALL BE ENDORSED BY THE HOLDER ON THE
REVERSE SIDE OF THIS NOTE.
WHENEVER ANY PAYMENT TO BE MADE SHALL BE DUE ON A SATURDAY, SUNDAY,
OR A PUBLIC HOLIDAY UNDER THE LAWS OF THE GOVERNMENT OF THE UNITED
STATES, SUCH PAYMENT MAY BE MADE ON THE NEXT SUCCEEDING BUSINESS DAY,
AND SUCH EXTENSION OF TIME SHALL IN SUCH CASE BE INCLUDED IN COMPUTING
INTEREST IN CONNECTION WITH SUCH PAYMENT BUT EXCLUDED FROM THE NEXT
INTEREST PERIOD.
THIS NOTE MAY BE PREPAID ON ANY INTEREST PAYMENT DATE. PREPAYMENTS
SHALL BE APPLIED TO THE INSTALLMENTS HEREOF IN THE REVERSE ORDER OF
THEIR MATURITY. ALL PAYMENTS OF PRINCIPAL AND INTEREST ON THIS NOTE ARE
PAYABLE IN LAWFUL MONEY OF THE UNITED STATES OF AMERICA AND IN
IMMEDIATELY AVAILABLE FUNDS, FREE AND CLEAR OF, AND WITHOUT DEDUCTION
FOR ANY TAXES, LEVIES, IMPOSTS, DEDUCTIONS, AND WITHHOLDINGS WHATSOEVER
NOW OR HEREAFTER IMPOSED, LEVIED, COLLECTED OR ASSESSED WIT RESPECT
THERETO BY ANY CENTRAL OR LOCAL AUTHORITY OF __________ AND SHALL BE
PAID FREE FROM ALL RESTRICTIONS OF ANY CENTRAL OR LOCAL AUTHORITY OF
__________.
__________ AGREES TO PAY ALL OUT-OF-POCKET COSTS AND EXPENSES IN
CONNECTION WITH COLLECTION AFTER DEFAULT OF THIS NOTE (INCLUDING THE
REASONABLE FEES AND OUT-OF-POCKET EXPENSES OF COUNSEL) AS WELL AS ALL
STAMP AND OTHER TAXES OF EVERY CHARACTER, IF ANY, NOW OR HEREAFTER IN
EFFECT, NOT INCLUDING TAXES IMPOSED ON THE INCOME OF THE HOLDER OF THE
NOTE BY THE GOVERNMENT OF THE UNITED STATES, AND NOT INCLUDING STATE
FRANCHISE TAXES IMPOSED ON THE HOLDER OF THE NOTE, AND TO SAVE THE
HOLDER OF TH NOTE HARMLESS FROM ANY AND ALL LIABILITIES WITH RESPECT TO
OR RESULTING FROM ANY DELAY OR OMISSION TO PAY SUCH TAXES.
BY __________
EXHIBIT C
REPUBLIC OF KOREA
ESTIMATED REPAYMENT SCHEDULE*
(PRINCIPAL ONLY)
30 JUN 1975 $833,334 $833,334
31 DEC 1975 355,000 355,000
30 JUN 1976 833,334 833,334
31 DEC 1976 355,000 355,000
30 JUN 1977 833,334 833,334
31 DEC 1977 355,000 355,000
30 JUN 1978 833,333 833,333
31 DEC 1978 355,000 355,000
30 JUN 1979 833,333 746,665 $ 86,668
31 DEC 1979 355,000 355,000
30 JUN 1980 833,333 833,333
31 DEC 1980 355,000 355,000
30 JUN 1981 833,333 833,333
31 DEC 1981 355,000 355,000
30 JUN 1982 833,333 833,333
31 DEC 1982 355,000 355,000
30 JUN 1983 833,333 833,333
31 DEC 1983 80,000 80,000
30 JUN 1984 500,000 500,000
31 DEC 1984 80,000 80,000
*THE AMOUNTS OF PRINCIPAL INSTALLMENT REPAYMENTS ARE SUBJECT TO THE
PROVISIONS OF THE INTERIM CREDIT AGREEMENT OF 26 MARCH 1974 BETWEEN THE
BORROWER AND THE LENDER.
KHMER REPUBLIC 17 JAN 1975 FLITE DOCUMENT NO. 7502445
MEMORANDUM OF AGREEMENT
LOAN OF EQUIPMENT
MEMORANDUM OF AGREEMENT BETWEEN THE GOVERNMENTS OF THE UNITED STATES
OF AMERICA AND THE KHMER REPUBLIC
IN ACCORDANCE WITH THE TERMS OF SECTION 503 OF THE FOREIGN ASSISTANCE
ACT OF 1961, AS AMENDED, TH UNITED STATES GOVERNMENT AGREES TO LOAN THE
FOLLOWING PROPERTY OF THE UNITED STATES GOVERNMENT FOR THE USE OF THE
KHMER REPUBLIC UNDER THE FOLLOWING TERMS AND CONDITIONS.
EQUIPMENT TO BE LOANED:
TWO EACH R-14 BULK FUEL STORAGE AND REFUELING SYSTEMS (HEREINAFTER
REFERRED TO AS R-14 SYSTEM) CONSISTING OF:
A. 2 EACH REFUELING UNIT R-14, NSN 4930-00-857-8585, COMPLETE.
B. 4 EACH TANK, FABRIC FTK 2E32R1, 50,000 GAL. NSN 5430-00-403-8178
HOSES, PART OF R-14 AS DESCRIBED IN T.O. 37A9-3-5-1.
C. 20 EACH 10 FOOT X 4 INCH RIGID HOSE.
D. 2 EACH 25 FOOT X 4 INCH SOFT HOSE.
E. 4 EACH 50 FOOT X 3 INCH SOFT HOSE.
F. 4 EACH 25 FOOT X 3 INCH SOFT HOSE.
G. 4 EACH 50 FOOT X 2 INCH SOFT HOSE.
H. 4 EACH 25 FOOT X 1 INCH SOFT HOSE.
I. 2 EACH 50 FOOT X 2 INCH RIGID HOSE.
J. 2 EACH 25 FOOT X 2 INCH RIGID HOSE.
PURPOSE OF LOAN.
THIS LOAN WILL BE MADE, CONTINGENT UPON OPERATIONAL REQUIREMENTS, FOR
THE EMERGENCY SUPPORT OF TH KHMER REPUBLIC WITH MILITARY ASSISTANCE
PROGRAM PROVIDED BULK FUELS.
CONDITIONS OF USE.
THE GOVERNMENT OF THE KHMER REPUBLIC AGREES THAT THE R-14 SYSTEM WILL
BE INSTALLED AND MAINTAINED AT POCHENTONG AIRPORT, PHNOM PENH, CAMBODIA
THAT FUEL WILL BE RECEIVED, PUMPED, STORED AND DELIVERE OF SUCH TYPES,
AT SUCH TIMES AND IN SUCH QUANTITIES AS SHALL BE DIRECTED BY THE JOINT
AVIATION FUEL BOARD; THAT ALL NECESSARY ACTIONS WILL BE TAKEN TO
PROVIDE SECURITY FOR THE R-14 SYSTEM AND ITS CONTENTS AGAINST ALL
HAZARDS, INCLUDING BUT NOT LIMITED TO THEFT AND HOSTILE ACTS, SAID
SECURITY TO INCLUDE PROTECTION OF ASSETS, PREVENTION OF LOSS, AND
LIMITATION OF DAMAGE; THAT THE SYSTEM WILL BE INSTALLED, OPERATED,
INSPECTED, STORED, MAINTAINED, AND PREPARED FOR RETURN TO UNITED STATES
GOVERNMENT CONTROL STRICTLY IN ACCORDANCE WITH UNITED STATES AIR FORCE
TECHNICAL ORDERS 37A9-3-5-1, 37A12-15-1 AND SUCH OTHER TECHNICAL ORDERS,
DIRECTIVES, AND INSTRUCTIONS AS MAY FROM TIME TO TIME B PROVIDED BY THE
UNITED STATES GOVERNMENT OR ITS AGENTS.
DEPRECIATION.
THE MILITARY ASSISTANCE PROGRAM CAMBODIA WILL BE ASSESSED
DEPRECIATION BASED ON REASONABLE COSTS AS DETERMINED BY CHIEF OF STAFF,
UNITED STATES AIR FORCE.
DAMAGE OR LOSS.
THE GOVERNMENT OF THE KHMER REPUBLIC AGREES THAT ANY COMPONENTS OF
THE R-14 SYSTEM THAT ARE LOST, DESTROYED, EXPENDED OR CONDEMNED DURING
INSPECTION UPON RETURN OF THE R-14 SYSTEM TO U.S. GOVERNMEN CONTROL WILL
BE REIMBURSED TO THE UNITED STATES GOVERNMENT AT THE FULL ACQUISITION
PRICE IN EFFECT AT THE TIME OF REPLACEMENT.
THE GOVERNMENT OF THE KHMER REPUBLIC AGREES TO PAY A REASONABLE COST,
AS ESTABLISHED BY THE CHIEF OF STAFF, UNITED STATES AIR FORCE, FOR
REPAIRS NECESSARY TO RESTORE DAMAGED EQUIPMENT TO SERVICEABL STATUS.
THE UNITED STATES GOVERNMENT RESERVES THE RIGHT, AT ITS OPTION, TO
REPAIR, REPLACE, OR TERMINATE THE LOAN OF DAMAGED EQUIPMENT; IN THE
EVENT IT CHOOSES TO REPLACE EQUIPMENT OR TERMINATE THE LOAN, IT MAY, AT
ITS OPTION, DECLARE THE DAMAGE A REPAIR OR A LOSS FOR THE PURPOSES OF
ASSESSIN COSTS UNDER THIS AGREEMENT.
PAYMENT OF CHARGES.
THE GOVERNMENT OF THE KHMER REPUBLIC AGREES TO PAY ALL CHARGES
RESULTING FROM THE PROVISIONS OF THIS LOAN IN UNITED STATES DOLLARS TO
THE ACCOUNT OF THE TREASURER OF THE UNITED STATES NOT LATER THAN THE
FIFTEENTH DAY OF JUNE 1975. THE GOVERNMENT OF THE UNITED STATES MAY, AT
ITS OPTION, WITHHOLD THE PAYMENT OF MILITARY ASSISTANCE PROGRAM FUNDS AS
A CONDITION OF PAYMENT. THIS SHALL NO BE CONSTRUED TO LIMIT THE RIGHTS
OR ACTIONS OF THE UNITED STATES GOVERNMENT TO RECOVER THESE PAYMENTS.
DURATION OF LOAN.
THIS LOAN SHALL BE EFFECTIVE DURING SUCH PERIOD(S) AS THE UNITED
STATES SHALL DIRECT. BUT IN NO EVENT TO EXCEED SIXTY (60) DAYS. THE
GOVERNMENT OF THE KHMER REPUBLIC AGREES TO PRESENT ALL LOANED EQUIPMENT
FOR RETURN TO UNITED STATES CONTROL NOT LATER THAN THE DAY FOLLOWING THE
DATE ESTABLISHED BY THE UNITED STATES GOVERNMENT FOR THE TERMINATION OF
THIS LOAN, PRESENTATION TO BE MADE TO SUCH AGENTS AS MAY BE APPOINTED BY
THE UNITED STATES GOVERNMENT. THE CONDITION OF THE R-14 SYSTEM FOR
DETERMINING LOSS SHALL BE BASED ON THE CONDITION OF THAT EQUIPMENT IN
THE POSSESSION OF THE UNITED STATES GOVERNMENT AT THE CLOSE OF THE FIRST
DAY FOLLOWING THE DATE ESTABLISHED FOR TERMINATION OF LOAN.
THIS AGREEMENT IS EFFECTIVE UPON THE DATE OF SIGNATURE BY THE
REPRESENTATIVE OF THE TWO GOVERNMENTS.
SIGNED
BRIGADIER GENERAL EA CHHONG
FOR THE KHMER REPUBLIC
17 JANUARY 1975
SIGNED
COLONEL ELLWOOD E. JOHNSON
FOR THE UNITED STATES GOVERNMENT
17 JANUARY 1975
JAPAN 8 MAY 1975 FLITE DOCUMENT NO. 7502444
AGREEMENT
AGREEMENT RELATING TO AIR TRAFFIC CONTROL.
THIS IS AN OFFICIAL DOCUMENT PERTAINING TO BOTH GOVERNMENTS AND WILL
NOT BE RELEASED WITHOUT MUTUAL AGREEMENT.
AGREEMENT RELATING TO AIR TRAFFIC CONTROL
CIVIL AERONAUTICS SUB-COMMITTEE RECOMMENDATION AS AMENDED AND
APPROVED BY THE JOINT COMMITTEE AT THE 316TH MEETING, 8 MAY 1975
THE FOLLOWING STATEMENT WAS INCORPORATED IN A MEMORANDUM OF
UNDERSTANDING APPROVED AT THE JOINT COMMITTEE 8 MAY 1975:
"IT IS THE UNDERSTANDING OF BOTH GOVERNMENTS THAT MATTERS PERTAINING
TO ACTIVITIES OF INDIVIDUAL UNITED STATES MILITARY AIRCRAFT SUCH AS
FLIGHT PLANS, RADIO TRANSMISSIONS, STRIP MARKINGS, AND ALTITUDE
RESERVATION REQUESTS WILL NOT BE RELEASED BY EITHER GOVERNMENT WITHOUT
MUTUAL AGREEMENT."
ANY NON-USG REQUEST FOR INFORMATION OR DATA CONCERNING AIR TRAFFIC
CONTROL OPERATIONS/ACTIVITIES WILL BE REFERRED TO HEADQUARTERS, U.S.
FORCES, JAPAN.
AGREEMENT RELATING TO AIR TRAFFIC CONTROL
TABLE OF CONTENTS
ARTICLE I DEFINITIONS
ARTICLE II AIR TRAFFIC CONTROL SERVICES
ARTICLE III PROCEDURES & STANDARDS OF SAFETY
ARTICLE IV CERTIFICATES AND RATINGS
ARTICLE V AIRPORT ZONES
ARTICLE VI DISCONTINUANCE OF SERVICE
ARTICLE VII AIR TRAFFIC CONTROL CLEARANCE
ARTICLE VIII TEMPORARY AIRSPACE RESERVATIONS
ARTICLE IX VIOLATIONS
ARTICLE X CIVIL AERONAUTICS SUBCOMMITTEE
ARTICLE XI IMPLEMENTING AGREEMENTS, ETC
ARTICLE XII REVISION OF THE AGREEMENT
ARTICLE XIII ENFORCEMENT OF THE AGREEMENT
AGREEMENT RELATING TO AIR TRAFFIC CONTROL
PURSUANT TO PRINCIPLES OF THE "AGREEMENT UNDER ARTICLE VI OF THE
TREATY OF MUTUAL COOPERATION AND SECURITY BETWEEN JAPAN AND THE UNITED
STATES OF AMERICA, REGARDING FACILITIES AND AREAS AND THE STATUS OF
UNITED STATES ARMED FORCES IN JAPAN" (HEREINAFTER REFERRED TO AS THE
"STATUS OF FORCES AGREEMENT"), THE CIVIL AERONAUTICS SUB-COMMITTEE OF
THE JOINT COMMITTEE CONSIDERS IT APPROPRIATE TO REVISE THE AGREEMENT
RELATING TO AIR TRAFFIC CONTROL OF 1952 AND ANNEX NO. 3 THERETO TO MAKE
A MORE PRACTICAL ARRANGEMENT FOR THE PURPOSE OF EFFECTING THE
COORDINATION AND INTEGRATION BETWEEN CIVIL AND MILITARY AIR TRAFFIC
CONTROL OVER JAPAN.
THEREFORE, THE FOLLOWING AGREEMENT IS REACHED BETWEEN THE JAPANESE
REPRESENTATIVE AND THE UNITED STATES REPRESENTATIVE OF THE SUBCOMMITTEE.
ARTICLE I: DEFINITIONS
THE TERMS USED IN THIS AGREEMENT SHALL BE AS DEFINED IN THE
CONVENTION ON INTERNATIONAL CIVIL AVIATION AND PUBLICATIONS ADOPTED AS
ANNEXES THERETO.
ARTICLE II: AIR TRAFFIC CONTROL SERVICES
THE GOVERNMENT OF JAPAN RECOGNIZES THAT THE GOVERNMENT OF THE UNITED
STATES MAY EXERCISE AIR TRAFFIC CONTROL SERVICES FOR THE AERODROMES THE
USE OF WHICH IS GRANTED BY THE GOVERNMENT OF JAPAN UNDER ARTICLE II OF
THE STATUS OF FORCES AGREEMENT (HEREINAFTER REFERRED TO AS "AIRFIELDS")
AND IN AIRSPACE ADJACENT TO, OR IN THE VICINITIES OF AIRFIELDS AT THE
TIME OF CONCLUSION OF THIS AGREEMENT
IN THE CASE OF AIRFIELDS WHICH MAY BE ESTABLISHED IN THE FUTURE:
A. APPROACH CONTROL SERVICE FOR AIRFIELDS SHALL BE PROVIDED BY THE
GOVERNMENT OF JAPAN BY USE OF RADAR UNLESS MUTUALLY AGREED OTHERWISE.
HOWEVER, IN CASES WHERE SUCH SERVICE IS NOT PROVIDED BY TH GOVERNMENT OF
JAPAN IN A PARTICULAR CASE, AIRSPACE REQUIRED TO MAINTAIN AN ORDERLY
FLOW OF AIR TRAFFIC WILL BE GRANTED TO THE GOVERNMENT OF THE UNITED
STATES SO THAT APPROACH CONTROL SERVICE MAY BE PROVIDED. IN THIS CASE
ICAO STANDARDS WILL BE USED AS CRITERIA IN THE ESTABLISHMENT OF THE
REQUIRED AIRSPACE.
B. AERODROME CONTROL SERVICE FOR AIRFIELDS SHALL, AT ITS OPTION, BE
PROVIDED BY THE GOVERNMENT O THE UNITED STATES. IN THIS CASE ICAO
STANDARDS WILL BE USED AS CRITERIA IN ESTABLISHING A CONTROL ZONE.
ARTICLE III: PROCEDURES AND STANDARDS OF SAFETY
PROCEDURES AND MINIMUM STANDARDS OF SAFETY FOR AIR TRAFFIC CONTROL
SERVICES PERFORMED BY THE GOVERNMENT OF THE UNITED STATES IN ACCORDANCE
WITH ARTICLE II OF THIS AGREEMENT SHALL CONFORM TO TH CURRENT UNITED
STATES AIR TRAFFIC CONTROL PROCEDURES AND STANDARDS OF SAFETY PROVIDED
THEY ARE AS LEAST EQUAL TO ICAO STANDARDS.
ARTICLE IV: CERTIFICATES AND RATINGS
THE GOVERNMENT OF JAPAN RECOGNIZES THE VALIDITY OF AIR TRAFFIC
CONTROL CERTIFICATES AND FACILITY RATINGS ISSUED BY THE GOVERNMENT OF
THE UNITED STATES TO THE UNITED STATES CONTROLLERS PERFORMING AIR
TRAFFIC CONTROL SERVICES UNDER ARTICLE II OF THIS AGREEMENT.
ARTICLE V: AIRPORT ZONES
THE GOVERNMENT OF JAPAN WILL, AT THE REQUEST OF THE UNITED STATES
FORCES, JAPAN, TAKE SUCH MEASURES AS ESTABLISHING AIRPORT ZONES,
REQUIRING LIGHTING OF STRUCTURES WHICH OBSTRUCT AIR NAVIGATION, AND
DESIGNATING MAXIMUM HEIGHT OF STRUCTURES IN AIRPORT ZONES.
ARTICLE VI: DISCONTINUANCE OF SERVICE
THE GOVERNMENT OF THE UNITED STATES WILL, IN CASES WHERE THE AIR
TRAFFIC CONTROL SERVICE UNDER ARTICLE II OF THIS AGREEMENT IS NO LONGER
NEEDED, DISCONTINUE THE SAID SERVICE UPON A REASONABLE ADVANCE NOTICE TO
THAT EFFECT TO THE GOVERNMENT OF JAPAN.
ARTICLE VII: AIR TRAFFIC CONTROL CLEARANCE
THE GOVERNMENT OF JAPAN WILL, AT THE REQUEST OF THE GOVERNMENT OF THE
UNITED STATES, PROVIDE PREFERENTIAL HANDLING OF AIR TRAFFIC CONTROL
CLEARANCES TO THE AIRCRAFT MENTIONED IN EACH OF THE FOLLOWING ITEMS:
A. AIRCRAFT ENGAGED IN ACTIVE AIR DEFENSE MISSIONS.
B. AIRCRAFT PARTICIPATING IN PREPLANNED TACTICAL EXERCISES THE FLIGHT
PLANS FOR WHICH HAVE BEEN COORDINATED WITH AIR TRAFFIC CONTROL
AUTHORITIES CONCERNED.
ARTICLE VIII: TEMPORARY AIRSPACE RESERVATIONS
THE GOVERNMENT OF THE UNITED STATES SHALL, IN CASES WHERE THE
ESTABLISHMENT OF TEMPORARY AIRSPACE RESERVATIONS IS REQUIRED FOR U.S.
MILITARY AIRCRAFT MOVEMENTS, MAKE A REQUEST TO THE APPROPRIATE
GOVERNMENT OF JAPAN AIR TRAFFIC CONTROL AUTHORITIES NOT LATER THAN 24
HOURS PRIOR TO THE ACTUAL TIM THAT THE RESERVATION IS NEEDED, UNLESS
SPECIAL CIRCUMSTANCES PRECLUDE SUCH EARLY COORDINATION. REQUESTS SHALL
BE MADE WITH SUFFICIENT TIME FOR THE GOVERNMENT OF JAPAN TO MAKE
NECESSARY ARRANGEMENTS.
ARTICLE IX: VIOLATIONS
IN ORDER TO INSURE ADHERENCE TO ESTABLISHED PROCEDURES AND SAFETY
STANDARDS FOR THE CONTROL OF AI TRAFFIC AND TO PROVIDE FOR PROCESSING
VIOLATIONS THEREOF, EITHER GOVERNMENT WILL NOTIFY THE OTHER THROUGH
APPROPRIATE CHANNELS OF ALLEGED VIOLATIONS COMMITTED BY AIRCRAFT OF THE
OTHER NATION. EACH PARTY WILL INVESTIGATE REPORTED ALLEGED VIOLATIONS
BY ITS AIRCRAFT AND ADVISE THE OTHER OF THE RESULTS OF THE
INVESTIGATIONS AND CORRECTIVE ACTION TAKEN. APPROPRIATE CHANNELS ARE
THE SAFETY ADVISOR HEADQUARTERS UNITED STATES FORCES FOR THE UNITED
STATES, AND THE CIVIL AVIATION BUREAU, MINISTRY OF TRANSPORT FOR JAPAN.
ARTICLE X: CIVIL AERONAUTICS SUBCOMMITTEE
PROBLEMS CONCERNING NAVIGATIONAL AID FACILITIES, AIR TRAFFIC CONTROL
PROCEDURES, RELATED COMMUNICATIONS FACILITIES AND PROCEDURES, OR THE USE
OF AIRSPACE WHICH CANNOT BE RESOLVED AT THE OPERATING LEVEL MAY BE
SUBMITTED BY EITHER GOVERNMENT TO THE CIVIL AERONAUTICS SUBCOMMITTEE OF
THE JOINT COMMITTEE FOR STUDY AND RECOMMENDATION TO THE JOINT COMMITTEE.
ARTICLE XI: IMPLEMENTING AGREEMENTS, ETC
THE OPERATIONS LETTERS AND OTHER LETTERS OF AGREEMENT PERTAINING TO
AIR TRAFFIC CONTROL COORDINATION IN EFFECT PRIOR TO THE EFFECTIVE DATE
OF THIS AGREEMENT SHALL REMAIN IN EFFECT UNTIL TERMINATED, REPLACED OR
AMENDED BY SEPARATE AGREEMENTS.
ARRANGEMENTS IMPLEMENTING THIS AGREEMENT MAY BE ENTERED INTO AT THE
LOCAL LEVEL. A COPY OF SUCH ARRANGEMENTS MAY BE SUBMITTED TO THE JOINT
COMMITTEE AS A MATTER OF RECORD.
ARTICLE XII: REVISION OF THE AGREEMENT
EITHER GOVERNMENT MAY AT ANY TIME REQUEST CONSULTATION WITH THE OTHER
FOR THE PURPOSE OF EFFECTIN THE COORDINATION AND INTEGRATION OF THE AIR
TRAFFIC CONTROL SERVICE, INCLUDING THE REVISION OF THIS AGREEMENT, IN
WHICH CASE THE TWO GOVERNMENTS SHALL ENTER INTO NEGOTIATION THROUGH THE
CIVIL AERONAUTICS SUBCOMMITTEE OF THE JOINT COMMITTEE.
ARTICLE XIII: ENFORCEMENT OF THE AGREEMENT
THIS AGREEMENT SHALL COME INTO FORCE ON THE DAY OF APPROVAL BY THE
JOINT COMMITTEE, AT WHICH TIME THE AGREEMENT RELATING TO AIR TRAFFIC
CONTROL APPROVED BY THE JOINT COMMITTEE ON 25 JUNE 1952, INCLUDING ANNEX
NO. 3 THERETO SHALL EXPIRE. ANNEXES NO. 1 AND NO. 2 OF THE AGREEMENT
RELATING TO AIR TRAFFIC CONTROL OF 1952 SHALL REMAIN IN EFFECT UNTIL
TERMINATED, REPLACED OR AMENDED BY SEPARAT AGREEMENTS.
THIS AGREEMENT SHALL REMAIN IN FORCE WHILE THE STATUS OF FORCES
AGREEMENT REMAINS IN FORCE UNLESS EARLIER TERMINATED BY AGREEMENT
BETWEEN THE TWO GOVERNMENTS.
ACCEPTED BY THE CIVIL AERONAUTICS SUBCOMMITTEE AND REFERRED TO THE
JOINT COMMITTEE ON 12 DECEMBER 1974.
/S/
YUKIHARU HAMADA
JAPANESE CHAIRMAN
/S/
JAMES P. DAVIS
COLONEL, USAF
UNITED STATES CHAIRMAN
APPROVED BY THE JOINT COMMITTEE ON 8 MAY 1975.
/S/
TOSHIO YAMAZAKI
JAPANESE REPRESENTATIVE
JOINT COMMITTEE
/S/
L.F. SNOWDEN
MAJOR GENERAL, USMC
U.S. REPRESENTATIVE
JOINT COMMITTEE
ANNEX NO. 1 TO AIR TRAFFIC CONTROL AGREEMENT BETWEEN UNITED STATES OF
AMERICA AND JAPAN
APPROVED AT 7TH JOINT COMMITTEE MEETING 25 JUNE 1952 AND REMAINS IN
EFFECT IN ACCORDANCE WITH ARTICLE XIII OF BASIC AGREEMENT
AIRCRAFT ACCIDENT INVESTIGATIONS
PART I....................PURPOSE
PART II....................DEFINITIONS
PART III....................POLICIES
PART IV....................PROCEDURES
PART I
PURPOSE
1. THE PURPOSE OF THIS ANNEX IS TO ESTABLISH THE PROCEDURES AND
POLICIES FOR INVESTIGATING AIRCRAFT ACCIDENTS WHICH INVOLVE AIRCRAFT,
FACILITIES AND/OR PERSONNEL OF THE UNITED STATES FORCES, JAPAN, AND
AIRCRAFT, FACILITIES, AND/OR PERSONNEL FOR WHICH THE JAPANESE GOVERNMENT
HAS AN AIRCRAFT ACCIDENT INVESTIGATION RESPONSIBILITY.
PART II
DEFINITIONS
1. AIRCRAFT - ALL WEIGHT CARRYING DEVICES DESIGNED TO BE SUPPORTED
IN FLIGHT BY BUOYANCY OR BY DYANAMIC ACTION, INCLUDING HELICOPTERS,
AUTOGIROS, GLIDERS, GUIDED MISSILES, AND BALLOONS, BUT NOT PARACHUTES,
METEROROLOGICAL BALLOONS, AND SIMILAR SMALL TEST BALLOONS
2. AIRCRAFT ACCIDENT - AN OCCURRENCE INVOLVING ONE OR MORE AIRCRAFT
THAT OCCURS DURING THE STARTING PROCEDURE, WARMING UP, OR OPERATION OF
AIRCRAFT, AND WHICH RESULTS IN INJURY TO ONE OR MOR PERSONS OR IN DAMAGE
TO AIRCRAFT, AND/OR DAMAGE TO PROPERTY, REAL OR PERSONAL, INCLUDING
DAMAGE INCURRED OWING TO ACCIDENTIAL OR INTENTIONAL RELEASE OF ANY
OBJECT FROM AN AIRCRAFT WHILE IN FLIGHT
3. AIRCRAFT ACCIDENT INVESTIGATION - AN INQUIRY MADE TO DETERMINE
THE FACTS, CIRCUMSTANCES, AND CAUSES PERTAINING TO AN AIRCRAFT ACCIDENT.
4. JOINT AIRCRAFT ACCIDENT INVESTIGATION COMMITTEE - A COMMITTEE
COMPRISED OF DULY APPOINTED REPRESENTATIVES OF BOTH THE JAPANESE
GOVERNMENT AND THE UNITED STATES FORCES, JAPAN.
5. UNITED STATES FORCES FACILITY - ANY EQUIPMENT OR REAL ESTATE
OWNED AND/OR OPERATED BY OR UNDE THE DIRECTION OF THE UNITED STATES,
FORCES, JAPAN.
6. AIRCRAFT ACCIDENT INVESTIGATION RESPONSIBILITY - THE INHERENT
RESPONSIBILITY FOR INITIATING AND CONDUCTING AN INVESTIGATION BY VIRTUE
OF NATIONALITY, OWNERSHIP, OR CONTROL OF AIRCRAFT, PERSONNEL, OR
FACILITIES INVOLVED.
7. THE MEANING OF ANY AIRCRAFT ACCIDENT TERMS USED HEREIN BUT NOT
DEFINED ABOVE WILL BE AS DEFINED IN THE SECOND EDITION OF THE
INTERNATIONAL CIVIL AVIATION ORGANIZATION MANUAL OF AIRCRAFT ACCIDENT
INVESTIGATION.
PART III
POLICIES
1. AIRCRAFT ACCIDENT NOT INVOLVING UNITED STATES FORCES AIRCRAFT,
FACILITIES OF PERSONNEL.
THE UNITED STATES FORCES, JAPAN, WILL POSSESS NO RESPONSIBILITY FOR
INVESTIGATING AIRCRAFT ACCIDENTS IN WHICH UNITED STATES FORCES
FACILITIES, PERSONNEL, OR AIRCRAFT ARE NOT CONTRIBUTING CAUSES. THE
UNITED STATES FORCES, JAPAN, WILL, HOWEVER, COOPERATE WITH AND RELEASE
TO OFFICIAL JAPANESE GOVERNMENT AIRCRAFT ACCIDENT INVESTIGATORS ANY
INFORMATION NEEDED IN THE INVESTIGATION THA DOES NOT COMPROMISE
SECURITY.
2. AIRCRAFT ACCIDENTS NOT INVOLVING AIRCRAFT, FACILITIES, OR
PERSONNEL FOR WHICH THE JAPANESE GOVERNMENT HAS AN AIRCRAFT ACCIDENT
INVESTIGATION RESPONSIBILITY.
THE JAPANESE GOVERNMENT WILL POSSES NO RESPONSIBILITY FOR
INVESTIGATING AIRCRAFT ACCIDENTS IN WHICH AIRCRAFT, FACILITIES, OR
PERSONNEL FOR WHICH THE JAPANESE GOVERNMENT HAS AN AIRCRAFT ACCIDENT
INVESTIGATION RESPONSIBILITY, ARE NOT CONTRIBUTING CAUSES. THE JAPANESE
GOVERNMENT WILL, HOWEVER, COOPERATE WITH AND RELEASE TO OFFICIAL UNITED
STATES AIRCRAFT ACCIDENT INVESTIGATORS ANY INFORMATIO NEEDED IN THE
INVESTIGATION THAT DOES NOT COMPROMISE SECURITY.
3. AIRCRAFT ACCIDENTS INVOLVING NO AIRCRAFT OTHER THAN UNITED STATES
FORCES AIRCRAFT.
THE UNITED STATES FORCES, JAPAN, WILL BE SOLELY RESPONSIBLE FOR
INVESTIGATING AIRCRAFT ACCIDENTS IN WHICH THE ONLY AIRCRAFT, FACILITIES,
AND/OR PERSONNEL INVOLVED ARE THOSE OF THE UNITED STATES FORCES, JAPAN.
4. AIRCRAFT ACCIDENTS INVOLVING NO OTHER AIRCRAFT THAN THOSE FOR
WHICH THE JAPANESE GOVERNMENT HAS AN AIRCRAFT ACCIDENT INVESTIGATION
RESPONSIBILITY, AND NOT INVOLVING UNITED STATES FORCES FACILITIES OR
PERSONNEL.
THE JAPANESE GOVERNMENT WILL BE SOLELY RESPONSIBLE FOR INVESTIGATING
AIRCRAFT ACCIDENTS IN WHICH THE ONLY AIRCRAFT INVOLVED ARE THOSE FOR
WHICH THE JAPANESE GOVERNMENT HAS AN AIRCRAFT ACCIDENT INVESTIGATION
RESPONSIBILITY.
5. AIRCRAFT ACCIDENTS WHICH INVOLVE AIRCRAFT OF THE UNITED STATES
FORCES, JAPAN, AND AIRCRAFT FO WHICH THE JAPANESE GOVERNMENT HAS AN
AIRCRAFT ACCIDENT INVESTIGATION RESPONSIBILITY.
A JOINT AIRCRAFT ACCIDENT INVESTIGATING COMMITTEE WILL INVESTIGATE
ALL AIRCRAFT ACCIDENTS WHICH INVOLVE AIRCRAFT OF THE UNITED STATES
FORCES, JAPAN, AND AIRCRAFT FOR WHICH THE JAPANESE GOVERNMENT HAS AN
AIRCRAFT ACCIDENT INVESTIGATION RESPONSIBILITY EXCEPT THAT EITHER THE
UNITED STATES FORCES, JAPAN, OR THE JAPANESE GOVERNMENT MAY WAIVE ITS
INVESTIGATION RESPONSIBILITY IF THE AIRCRAFT FOR WHICH IT IS RESPONSIBLE
WAS STATIONARY ON THE GROUND AND WAS NOT A CONTRIBUTING CAUSE TO THE
ACCIDENT.
6. AIRCRAFT ACCIDENTS IN WHICH UNITED STATES FORCES FACILITIES OR
PERSONNEL ARE CONTRIBUTING CAUSES BUT IN WHICH NO UNITED STATES FORCES
AIRCRAFT ARE INVOLVED.
AT ANY TIME DURING AN INVESTIGATION OF AN AIRCRAFT ACCIDENT BY THE
JAPANESE GOVERNMENT THERE IS A INDICATION THE UNITED STATES FORCES,
JAPAN FACILITIES AND/OR PERSONNEL WERE CONTRIBUTING CAUSES, TH COMMANDER
OF THE UNITED STATES FORCES, JAPAN, OR HIS REPRESENTATIVE (NORMALLY
COMMANDING GENERAL, FAR EAST AIR FORCE) WILL BE SO NOTIFIED AND A JOINT
AIRCRAFT ACCIDENT INVESTIGATING COMMITTEE WILL BE APPOINTED AND GIVEN
THE AUTHORITY TO CONDUCT THE INVESTIGATION.
7. AIRCRAFT ACCIDENTS IN WHICH FACILITIES OR PERSONNEL FOR WHICH THE
JAPANESE GOVERNMENT HAS AN AIRCRAFT ACCIDENT INVESTIGATION
RESPONSIBILITY ARE CONTRIBUTING CAUSES, BUT IN WHICH NO AIRCRAFT FO
WHICH THE JAPANESE GOVERNMENT HAS AN AIRCRAFT ACCIDENT INVESTIGATION
RESPONSIBILITY ARE INVOLVED.
AT ANY TIME DURING AN INVESTIGATION OF AN AIRCRAFT ACCIDENT BY THE
UNITED STATES FORCES THERE IS AN INDICATION THAT FACILITIES AND/OR
PERSONNEL FOR WHICH THE JAPANESE GOVERNMENT HAS AN AIRCRAFT ACCIDENT
INVESTIGATION RESPONSIBILITY WERE CONTRIBUTING CAUSES, THE JAPANESE
GOVERNMENT WILL BE SO NOTIFIED AND A JOINT AIRCRAFT ACCIDENT
INVESTIGATING COMMITTEE WILL BE APPOINTED AND GIVEN THE AUTHORITY TO
CONDUCT THE INVESTIGATION.
PART IV
PROCEDURES
1. JOINT AIRCRAFT ACCIDENT INVESTIGATING COMMITTEE WILL BE COMPRISED
OF 10 OR LESS VOTING MEMBER AND ONE NON-VOTING COMMITTEE CHAIRMAN. THIS
WILL IN NO WAY LIMIT THE NUMBER OF TECHNICAL ASSISTANT AND ADVISORS
WHICH MAY BE UTILIZED IN THE INVESTIGATION.
2. THE UNITED STATES FORCES, JAPAN, AND THE JAPANESE GOVERNMENT
SHALL HAVE AN EQUAL NUMBER OF VOTING MEMBERS ON EACH JOINT AIRCRAFT
ACCIDENT INVESTIGATION COMMITTEE.
3. THE CHAIRMAN OF EACH JOINT AIRCRAFT ACCIDENT INVESTIGATING
COMMITTEE SHALL BE MUTUALLY AGREED UPON AND JOINTLY APPOINTED BY THE
COMMANDER OF THE UNITED STATES FORCES, JAPAN, OR HIS REPRESENTATIVE AND
THE JAPANESE GOVERNMENT.
4. RULES AND PROCEDURES GOVERNING THE OPERATION OF A JOINT AIRCRAFT
ACCIDENT INVESTIGATING COMMITTEE AND THE CONTENTS OF THE REPORT PREPARED
BY THAT COMMITTEE WILL BE DETERMINED BY A MAJORIT VOTE OF THE COMMITTEE
MEMBERS. A MAJORITY VOTE WILL CONSIST OF 2/3 OF THE APPOINTED VOTING
MEMBERS
IN CASES WHERE A MAJORITY VOTE CANNOT BE OBTAINED ON AN ITEM OR
ISSUE, A SEPARATE REPORT MAY BE PREPARED AND SUBMITTED BY THE MINORITY
VOTERS OR IN THE CASE OF AN EQUAL VOTE A SEPARATE REPORT WIL BE PREPARED
AND SUBMITTED BY EACH FACTION.
5. REPORT PREPARED BY JOINT AIRCRAFT ACCIDENT INVESTIGATING
COMMITTEES WILL BE SUBMITTED TO THE COMMANDER OF THE UNITED STATES
FORCES, JAPAN, OR HIS REPRESENTATIVE AND THE JAPANESE GOVERNMENT.
6. THE PURPOSE OF THESE INVESTIGATIONS IS TO DETERMINE THE CAUSES OF
ANY AIRCRAFT ACCIDENTS AND POSSIBLE MEANS FOR PREVENTING REOCURRANCE.
IN NO CASE WILL THE REPORTS OR CONCLUSIONS REACHED BY THE COMMITTEE
FORMED UNDER THE PROVISIONS OF THIS AGREEMENT BE USED AS EVIDENCE IN
CLAIMS OR LITIGATIONS GROWING OUT OF ACCIDENTS INVESTIGATED. THIS WILL
NOT, HOWEVER, PRECLUDE UTILIZING WITNESSES OR FACTUAL EVIDENCE GATHERED
BY SAID COMMITTEE.
/S/
ICHIRO NARAHASHI
JAPANESE CAA
/S/
CHARLES V. BURNS
LIEUTENANT COLONEL, USAF
ANNEX NO. 2 TO AIR TRAFFIC CONTROL AGREEMENT BETWEEN THE UNITED
STATES OF AMERICA AND JAPAN APPROVED AT 7TH JOINT COMMITTEE MEETING 25
JUNE 1952 AND REMAINS IN EFFECT IN ACCORDANCE WITH ARTICLE XIII OF BASIC
AGREEMENT
SEARCH AND RESCUE
PART I.........................PURPOSE
PART II.........................DEFINITIONS
PART III.........................POLICIES
PART IV.........................PROCEDURES
PART I
PURPOSE
THE PURPOSE OF THIS ANNEX IS TO INSURE THAT THE SERVICES OF RESCUE
EQUIPMENT AND QUALIFIED RESCUE PERSONNEL WILL BE AVAILABLE TO THE
JAPANESE AIR TRANSPORTATION SYSTEM DURING ANY EMERGENCY INVOLVIN
AIRCRAFT.
PART II
DEFINITIONS
1. SEARCH AND RESCUE (SAR) - THE SEARCH FOR, AID TO, AND THE RESCUE
OF DOWNED AIRCRAFT, CREW, AN PASSENGERS.
2. PRELIMINARY COMMUNICATIONS SEARCH - THE SEARCH FOR OVERDUE
AIRCRAFT ACCOMPLISHED BY THE AIR TRAFFIC CONTROL CENTER UTILIZING ALL
COMMUNICATIONS FACILITIES AVAILABLE TO THE CENTER.
3. EXTENDED COMMUNICATIONS SEARCH - THE SEARCH FOR OVERDUE AIRCRAFT
ACCOMPLISHED BY A SEARCH AND RESCUE COORDINATION CENTER UTILIZING ALL
COMMUNICATIONS FACILITIES AT ITS COMMAND. A PHYSICAL SEARCH OF RAMPS OR
ALL AIRFIELDS IN THE PROBABLE AREA WHICH CAN BE REACHED THROUGH
AVAILABLE COMMUNICATIONS FACILITIES WILL BE REQUESTED AS A PART OF THIS
SEARCH.
4. OVERDUE AIRCRAFT - AN AIRCRAFT WILL BE CONSIDERED OVERDUE UNDER
ANY OF THE FOLLOWING CONDITIONS:
A. WHEN ITS POSITION REPORT IS 30 MINUTES OVERDUE (10 MINUTES OVERDUE
IN CASE OF JET AIRCRAFT), OR
B. WHEN THE AIRCRAFT FAILS TO ARRIVE AT ITS DESTINATION WITHIN THIRTY
(30) MINUTES OF ITS ETA, (15 MINUTES IN CASE OF JET AIRCRAFT), OR AN ETA
ESTABLISHED BY MATCON, OR
C. WHEN AN ARRIVAL REPORT IS NOT RECEIVED BY THE BASE OF DEPARTURE
WITHIN ONE (1) HOUR OF THE AIRCRAFT'S ETA, OR
D. AFTER A PERIOD OF TIME THAT WOULD INDICATED FUEL EXHAUSTION.
5. MISSING AIRCRAFT - AN AIRCRAFT WILL BE CONSIDERED MISSING:
A. IF BOTH THE PRELIMINARY AND EXTENDED COMMUNICATIONS SEARCHES ARE
UNSUCCESSFUL.
B. IF THE AIRCRAFT IS KNOWN TO HAVE BEEN DITCHED OR ABANDONED, ITS
EXACT LOCATION IS UNKNOWN, AN THE CONDITION OF THE CREW AND PASSENGERS
IS UNKNOWN.
6. SAR COORDINATION CENTER (RCC) - A CENTER ESTABLISHED BY THE
APPROPRIATE AUTHORITY TO INITIATE COORDINATE, AND TERMINATE SAR
OPERATIONS WITHIN A DESIGNATED AREA.
7. SAR COMMANDER - A COMMANDER WHO IS ASSIGNED PRIMARY
RESPONSIBILITY FOR SAR.
8. SAR INCIDENT - OPERATIONS INVOLVING THE SEARCH FOR AND RESCUE OF
PERSONNEL IN DISTRESS.
9. SEARCH COMMANDER - NORMALLY IS THE COMMANDING OFFICER OF A RESCUE
SQUADRON OR SOME OFFICER DESIGNATED BY HIM TO COMMAND AND CONTROL ALL
ELEMENTS OF THE ACTIVE SEARCH.
10. ANY TERMS NOT DEFINED AND USED HEREIN SHALL BE AS DEFINED IN
INTERNATIONAL CIVIL AVIATION ORGANIZATION MANUALS.
PART III
POLICIES
1. THE UNITED STATES FORCES, JAPAN, WILL MAKE AVAILABLE, WHEN
POSSIBLE, THE SERVICES OF RESCUE EQUIPMENT AND PERSONNEL DURING AN
EMERGENCY INVOLVING AIRCRAFT FLYING OVER JAPAN OR ADJACENT WATERS
THIS SERVICE INCLUDES THE SEARCH FOR MISSING AIRCRAFT AND RESCUE OF
SURVIVORS OF AIRCRAFT CRASHES, BUT DOES NOT INCLUDE ANY SALVAGE
OPERATIONS.
2. THE UNITED STATES WILL RETAIN OPERATIONAL CONTROL, AT ALL TIMES,
OF UNITED STATES SAR UNITS AND PERSONNEL THAT PARTICIPATE IN SAR
ACTIVITIES FOR JAPAN.
3. THE UNITED STATES FORCES, JAPAN, SAR COMMANDER IN JAPAN OR HIS
DESIGNATED REPRESENTATIVE WILL UPON NOTIFICATION THAT AN AIRCRAFT IS
MISSING OR SURVIVORS OF AN AIRCRAFT CRASH ARE IN NEED OF ASSISTANCE,
DISPATCH RESCUE EQUIPMENT AND PERSONNEL TO GIVE ALL ASSISTANCE POSSIBLE
IN LOCATING MISSING AIRCRAFT AND RESCUE ANY SURVIVORS OF AN AIRCRAFT
CRASH.
4. THE JAPANESE GOVERNMENT THROUGH THE JAPANESE CAA WILL PROVIDE
ASSISTANCE AS REQUESTED BY THE UNITED STATES FORCES, JAPAN, DURING SAR
INCIDENTS INVOLVING ALL AIRCRAFT. THIS ASSISTANCE WILL GENERALLY BE OF
THE FOLLOWING NATURE:
A. PROVIDE GUARDS AT THE SCENE OF AIRCRAFT CRASHES; ASSEMBLE AND
PROVIDE GROUND SEARCH PARTIES FOR SEARCH OF MISSING AIRCRAFT AND
SURVIVORS OF AIRCRAFT CRASHES; PROVIDE SURFACE VESSELS FOR SEARC OF
MISSING AIRCRAFT AND RESCUE OF SURVIVORS OF AIRCRAFT CRASHES; ALERT ALL
JAPANESE AGENCIES THAT COULD POSSIBLE BE OF ASSISTANCE IN LOCATING A
MISSING AIRCRAFT OR AN AIRCRAFT CRASH, SUCH AS THE JAPANESE NATIONAL
RURAL POLICE, JAPANESE MARITIME SAFETY AGENCY, AND OTHER SUCH AGENCIES.
B. IN CASES WHERE JAPANESE AIRCRAFT CRASHES ARE LOCATED BY SAR UNITS
OF THE UNITED STATES FORCES JAPAN, ASSUME CONTROL OF THE INCIDENT AT THE
SCENE AS SOON AS POSSIBLE AFTER NOTIFICATION BY UNITED STATES FORCES,
JAPAN.
C. IN THE CASE OF FATALITIES RESULTING FROM THE CRASH OF A JAPANESE
AIRCRAFT ASSUME RESPONSIBILITY FOR REMOVAL AND DISPOSITION OF THE
REMAINS OF THE VICTIMS.
PART IV
PROCEDURES
1. AIRCRAFT IN DISTRESS AND IN NEED OF RESCUE COVERAGE OF ASSISTANCE
WILL REQUEST SUCH COVERAGE OR ASSISTANCE BY FOLLOWING PROCEDURES
OUTLINED IN THE CURRENT COPY OF THE UNITED STATES AIR FORCE AND UNITED
STATES NAVY "RADIO FACILITY CHARTS AND SUPPLEMENTARY INFORMATION,
PACIFIC."
2. THIS AGREEMENT IN NO WAY RESTRICTS THE ESTABLISHMENT OF A
JAPANESE SEARCH AND RESCUE SERVICE. THE UNITED STATES FORCES, JAPAN,
WILL COOPERATE AND ASSIST IN THE ESTABLISHMENT OF SUCH A SERVICE B
PROVIDING TECHNICAL ADVICE AND ASSISTANCE CONSISTENT WITH THE
REQUIREMENTS OF THE ALREADY ESTABLISHED USAF SAR SERVICE.
3. DETAILED PROCEDURES WILL BE ESTABLISHED BY THE JAPANESE CAA AND
THE USAF AIR SEARCH AND RESCU CENTER AT FEAF.
4. THE JAPANESE SEARCH AND RESCUE COORDINATION CENTER SHALL BE THE
INITIATING AGENCY FOR ALL NEW RELEASES CONCERNING CIVIL AIRCRAFT
EMERGENCIES.
/S/
ICHIRO NARAHASHI
JAPANESE CAA
/S/
CHARLES V. BURNS
LIEUTENANT COLONEL, USAF
JAPAN 30 OCT 1974 FLITE DOCUMENT NO. 7502443
LETTER OF UNDERSTANDING
EXCHANGE OF WEATHER INFORMATION (USAF/JASDF).
THESE MINUTES ARE CONSIDERED AS OFFICIAL DOCUMENTS PERTAINING TO BOTH
GOVERNMENTS AND WILL NOT BE RELEASED WITHOUT MUTUAL AGREEMENT
LETTER OF UNDERSTANDING
EXCHANGE OF WEATHER INFORMATION (USAF/JASDF)
1. SITUATION: THIS LETTER OF UNDERSTANDING (LOU) CLARIFIES THE
SCOPE OF WEATHER DATA AND PRODUCTS TO BE EXCHANGED AND THE METHODS OF
EXCHANGE BETWEEN THE 20TH WEATHER SQUADRON, 1ST WEATHER WING, UNITED
STATES AIR FORCE (USAF) AT YOKOTA AIR BASE AND THE AIRWAYS, AIR
COMMUNICATIONS AND WEATHER WING, JAPAN AIR SELF DEFENSE FORCE (JASDF) AT
FUCHU AIR STATION. AUTHORITY TO IMPLEMENT THIS LOU HAS BEEN DELEGATED
TO THE UNDERSIGNED AND THEIR RESPECTIVE SUCCESSORS.
2. SPECIFIC TERMS OF REFERENCE:
A. 20TH WEATHER SQUADRON RESPONSIBILITIES:
(1) USAF WILL PROVIDE JASDF WITH AVAILABLE AIR FORCE GLOBAL WEATHER
CENTRAL (AFGWC) COMPUTER PRODUCTS, THROUGH USAF AUTOMATED WEATHER
NETWORK (AWN), AS LONG AS FUCHU IS ONE OF THE AWN SITES, AND WEATHER
DATA FOR PLOTTING UNTIL THE JASDF COMMUNICATION COMPUTER SYSTEM BECOMES
OPERATIONAL. THESE PRODUCTS ARE REQUIRED FOR JASDF TO ASSUME SELECTED
WEATHER CENTRAL RESPONSIBILITY COMMON TO BOTH SERVICES.
(2) USAF AND JASDF WILL EXCHANGE WEATHER INFORMATION TO ACCOMPLISH
THEIR MISSION IN SUPPORT OF UNITED STATES FORCES AND JAPAN SELF DEFENSE
FORCES REQUIREMENTS. USAF WILL PROVIDE JASDF WITH THE FOLLOWING WEATHER
INFORMATION:
(A) FACSIMILE PRODUCTS OF EXTENSIVE ANALYSES, PROGNOSES AND TOOLS
PREPARED BY AFGWC/ASIAN TACTICAL FORECAST UNIT (ATFU).
(B) SATELLITE INFORMATION (DEFENSE METEOROLOGICAL SATELLITE PROGRAM)
RECEIVED AT YOKOTA AB.
(C) AVAILABLE CLIMATOLOGICAL INFORMATION.
(D) LATEST METEOROLOGICAL TECHNIQUES, ETC.
(3) USAF WILL PROVIDE SUPPLIES AND MAINTAIN EQUIPMENT INVOLVED IN
THIS LOU AS FOLLOWS:
(A) USAF WILL PERFORM MAINTENANCE SERVICE INCLUDING SUPPLY OF
EXPENDABLES, SPARE AND REPLACEMENT PARTS AND COMPONENTS OF PECULIAR
EQUIPMENT TO USAF.
(B) USAF WILL PROVIDE AND MAINTAIN COMMUNICATION CIRCUITS SO THAT
WEATHER INFORMATION IN PARAGRAPHS 2A(1) AND 2A(2)(A), ABOVE, AND
PARAGRAPH 2B(1)(A), BELOW, MAY BE EFFECTIVELY EXCHANGED. USAF WILL ALSO
PROVIDE A TELEPHONE LINE FOR URGENT LIAISON PURPOSE BETWEEN YOKOTA AB
AND FUCHU AS.
(4) USAF WILL DECIDE EXCHANGE METHODS OF WEATHER INFORMATION OTHER
THAN FACSIMILE BY FURTHER NEGOTIATION WITH JASDF.
(5) USAF WILL INFORM JASDF IN ADVANCE OF THE REVISION OF USAF
FACSIMILE SCHEDULE SO THAT ADEQUAT PREPARATIONS MAY BE MADE BY JASDF
PERSONNEL CONCERNED.
B. JASDF RESPONSIBILITIES:
(1) USAF AND JASDF WILL EXCHANGE WEATHER INFORMATION TO ACCOMPLISH
THEIR MISSIONS IN SUPPORT OF UNITED STATES FORCES AND JAPAN SELF DEFENSE
FORCES REQUIREMENTS. JASDF WILL PROVIDE USAF WITH THE FOLLOWING WEATHER
INFORMATION:
(A) FACSIMILE PRODUCTS OF ANALYSES, PROGNOSES, EXTENDED FORECASTS AND
TOOLS AND THOSE COMPUTER PRODUCTS AS SKEW-TS AND WEATHER HAZARDS
PREPARED BY JASDF.
(B) AVAILABLE CLIMATOLOGICAL INFORMATION.
(C) LATEST METEOROLOGICAL TECHNIQUES, ETC.
(2) JASDF WILL PROVIDE SUPPLIES AND MAINTAIN EQUIPMENT INVOLVED IN
THIS LOU AS FOLLOWS:
(A) JASDF WILL FURNISH NECESSARY AMOUNT OF LINE-PRINTER PAPER AND
PROVIDE 3 OR 4 TELETYPES FOR 2 CIRCUITS AND NECESSARY AMOUNT OF TELETYPE
ROLLS TO RECEIVE WEATHER INFORMATION IN PARAGRAPH 2A(1), ABOVE.
(B) JASDF WILL PERFORM MAINTENANCE SERVICE INCLUDING SUPPLY OF
EXPENDABLES, SPARE AND REPLACEMEN PARTS AND COMPONENTS OF PECULIAR
EQUIPMENT TO JASDF.
(3) JASDF WILL DECIDE EXCHANGE METHODS OF WEATHER INFORMATION OTHER
THAN FACSIMILE BY FURTHER NEGOTIATION WITH USAF.
(4) JASDF WILL INFORM USAF IN ADVANCE OF THE REVISION OF JASDF
FACSIMILE SCHEDULE SO THAT ADEQUATE PREPARATIONS MAY BE MADE BY USAF
PERSONNEL CONCERNED.
3. REVIEW: THIS LOU IS SUBJECT TO ANNUAL REVIEW DURING THE FIRST
QUARTER OF EACH CALENDAR YEAR.
4. AMENDMENTS: AMENDMENTS AND REVISION TO THIS LOU WILL BE
PERFORMED AS THE OCCASION DEMANDS IF MUTUALLY AGREED.
5. TERMINATION: EITHER PARTY MAY GIVE NOTICE TO THE OTHER PARTY TO
TERMINATE ANY OR ALL PARTS O THIS LOU, IN WHICH CASE THIS LOU SHALL BE
IN FORCE FOR 6 MONTHS AFTER SUCH NOTICE HAS BEEN GIVEN, AND ANY OR ALL
PARTS OF THIS LOU SHALL TERMINATE AS MUTUALLY AGREED.
SIGNED
SALVATORE R. LEMOLE, COLONEL, USAF
COMMANDER, 20TH WEATHER SQUADRON
US REPRESENTATIVE
DATE: 30 OCTOBER 1974
SIGNED
KATSUMI OKAMOTO, COLONEL, JASDF
COMMANDER, WEATHER SERVICE GROUP
JASDF REPRESENTATIVE
DATE: 30 OCTOBER 1974
JAPAN 9 MAY 1974 FLITE DOCUMENT NO. 7502442
AGREEMENT
PROVISION OF ENROUTE AIR TRAFFIC CONTROL SERVICE IN THE OKINAWA
FLIGHT INFORMATION REGION (FIR).
THESE MINUTES ARE CONSIDERED AS OFFICIAL DOCUMENTS PERTAINING TO BOTH
GOVERNMENTS AND WILL NOT BE RELEASED WITHOUT MUTUAL AGREEMENT
CIVIL AERONAUTICS SUBCOMMITTEE
MEMORANDUM TO THE JOINT COMMITTEE
SUBJECT: PROVISION OF ENROUTE AIR TRAFFIC CONTROL SERVICE IN THE
OKINAWA FLIGHT INFORMATION REGION (FIR)
REFERENCE: OKINAWA AIR TRAFFIC CONTROL AGREEMENT AS CONTAINED IN
PARAGRAPH 11 OF THE MINUTES OF THE 251ST JOINT COMMITTEE MEETING, DATED
15 MAY 1972.
1. IT IS AGREED BY BOTH GOVERNMENTS THAT THE PROVISIONS OF ARTICLE
II, PARAGRAPH 1, OF THE REFERENCED AGREEMENT HAVE BEEN SATISFIED AND
THAT THE GOVERNMENT OF JAPAN WILL PROVIDE ENROUTE AIR TRAFFIC CONTROL
SERVICE IN THE OKINAWA FIR EFFECTIVE 15 MAY 1974.
2. IN ACCORDANCE WITH PARAGRAPH 6, PART IV, ANNEX THREE TO THE
AGREEMENT RELATING TO AIR TRAFFIC CONTROL, IMPLEMENTING AGREEMENTS MAY
BE ENTERED INTO AT THE LOCAL OPERATING LEVEL. A COPY OF SUCH AGREEMENTS
WILL BE SUBMITTED BY THE GOVERNMENT OF THE UNITED STATES TO THE JOINT
COMMITTEE AS A MATTER OF RECORD.
REFERRED TO THE U.S.-JAPAN JOINT COMMITTEE ON 2 MAY 1974.
SIGNED
YUKTHARU HAMADA
JAPANESE CHAIRMAN
SIGNED
JAMES P. DAVIS
COLONEL, USAF
UNITED STATES CHAIRMAN
APPROVED BY THE JOINT COMMITTEE ON 9 MAY 1974.
SIGNED
YOSHIO OKAWARA
JAPANESE REPRESENTATIVE
SIGNED
L.F. SNOWDEN
MAJOR GENERAL, USMC
U.S. REPRESENTATIVE
JOINT COMMITTEE
JAPAN 9 MAY 1974 FLITE DOCUMENT NO. 7502441
AGREEMENT
AIR NAVIGATIONAL FACILITIES IN OKINAWA.
THESE MINUTES ARE CONSIDERED AS OFFICIAL DOCUMENTS PERTAINING TO BOTH
GOVERNMENTS AND WILL NOT BE RELEASED WITHOUT MUTUAL AGREEMENT
CIVIL AERONAUTICS SUBCOMMITTEE OF THE JOINT COMMITTEE
MEMORANDUM FOR: THE JOINT COMMITTEE
SUBJECT: AIR NAVIGATIONAL FACILITIES IN OKINAWA
REFERENCE: OKINAWA AIR TRAFFIC CONTROL AGREEMENT, APPROVED
1. THE GOVERNMENT OF JAPAN, IN THE CIVIL AERONAUTICS SUBCOMMITTEE,
INFORMED THE UNITED STATES OF A DELAY IN REPLACING AIR NAVIGATIONAL
FACILITIES IN OKINAWA. THESE FACILITIES ARE LOANED BY THE UNITED STATES
TO THE GOVERNMENT OF JAPAN IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE
V PARAGRAPH 3 OF THE ABOVE REFERENCE. THE LOAN PERIOD IS UNTIL 15 MAY
1974. THE FACILITIES ARE:
A. NDB AND VORTAC FACILITIES AT MIYAKO.
B. VORTAC FACILITY AT OKINOERABU ISLAND.
2. THE GOVERNMENT OF JAPAN RECOMMENDS AND THE UNITED STATES CONCURS
THAT THE LOAN OF THE EQUIPMENT LISTED IN 1A AND 1B ABOVE BE EXTENDED TO
1 SEPTEMBER 1974.
ACCEPTED AND REFERRED TO THE JOINT COMMITTEE ON 24 APRIL 1974
SIGNED
YUKIHARU HAMADA
JAPANESE CHAIRMAN
SIGNED
JAMES P. DAVIS
COLONEL, USAF
U.S. CHAIRMAN
APPROVED BY THE JOINT COMMITTEE ON 9 MAY 1974
SIGNED
YOSHIO OKAWARA
JAPANESE REPRESENTATIVE
SIGNED
L.F. SNOWDEN
MAJOR GENERAL, USMC
UNITED STATES REPRESENTATIVE
JAPAN 1 NOV 1973 FLITE DOCUMENT NO. 7502440
MEMORANDUM OF UNDERSTANDING
FAMILIARIZATION OF JCAB AIR TRAFFIC CONTROLLERS IN THE OKINAWA AIR
ROUTE TRAFFIC CONTROL CENTER.
THESE MINUTES ARE CONSIDERED AS OFFICIAL DOCUMENTS PERTAINING TO BOTH
GOVERNMENTS AND WILL NOT BE RELEASED WITHOUT MUTUAL AGREEMENT
CIVIL AERONAUTICS SUBCOMMITTEE
MEMORANDUM TO: THE JOINT COMMITTEE
SUBJECT: FAMILIARIZATION OF JCAB AIR TRAFFIC CONTROLLERS IN THE
OKINAWA AIR ROUTE TRAFFIC CONTROL CENTER
1. REFERENCE: CIVIL AERONAUTICS SUBCOMMITTEE MEMORANDUM TO THE
JOINT COMMITTEE, SUBJECT: FAMILIARIZATION OF JCAB AIR TRAFFIC
CONTROLLERS IN THE OKINAWA AIR ROUTE TRAFFIC CONTROL CENTER (ARTCC),
DATED 7 JUNE 1973 AND MADE PART OF THE JOINT COMMITTEE RECORDS AT THE
273D MEETING, 14 JUN 1973.
2. THE ATTACHED MEMORANDUM OF UNDERSTANDING HAS BEEN ENTERED INTO AT
THE LOCAL LEVEL AND SUPERSEDES THE MEMORANDUM OF UNDERSTANDING BETWEEN
THE JAPAN CIVIL AVIATION BUREAU (JCAB) AND THE 313 AIR DIVISION (USAF)
DATED 2 APRIL 1973.
3. THIS MEMORANDUM OF UNDERSTANDING IS REFERRED TO THE JOINT
COMMITTEE FOR INFORMATION AND TO BE INCLUDED IN ITS RECORDS.
REFERRED TO THE U.S. - JAPAN JOINT COMMITTEE ON 26 OCT 1973.
(SIGNED)
YUKIHARU HAMADA
JAPANESE CHAIRMAN
(SIGNED)
JAMES P. DAVIS
COLONEL, USAF
UNITED STATES CHAIRMAN
MADE PART OF THE JOINT COMMITTEE RECORDS ON 1 NOV, 1973.
(SIGNED)
YOSHIO OKAWARA
JAPANESE CHAIRMAN
(SIGNED)
L.F. SNOWDEN
MAJOR GENERAL, USMC
U.S. REPRESENTATIVE JOINT COMMITTEE
MEMORANDUM OF UNDERSTANDING BETWEEN THE JAPAN CIVIL AVIATION BUREAU
(JCAB) AND THE 313TH AIR DIVISION (USAF).
SUBJECT: RESPONSIBILITIES AND PROCEDURES FOR THE TRAINING OF THE
JCAB AIR TRAFFIC CONTROLLERS IN THE USAF OKINAWA AIR ROUTE TRAFFIC
CONTROL CENTER (ARTCC).
THIS MEMORANDUM IS EFFECTIVE UPON THE DATE OF SIGNATURE AND WILL
SUPERCEDE MEMORANDUM OF UNDERSTANDING BETWEEN THE JAPAN CIVIL AVIATION
BUREAU (JCAB) AND THE 313TH AIR DIVISION (USAF) DATE 2 APRIL 1973.
1. PURPOSE: TO ESTABLISH CRITERIA AND PROCEDURES FOR THE
IMPLEMENTATION OF THE PROVISIONS OF ARTICLE I, PARAGRAPH 2, AND ARTICLE
II, PARAGRAPH I, OF THE OKINAWA AIR TRAFFIC CONTROL AGREEMENT APPROVED
BY THE JOINT COMMITTEE ON 15 MAY 1972 CONCERNING THE FAMILIARIZATION OF
THE JCAB AIR TRAFFIC CONTROLLERS IN THE USAF OKINAWA ARTCC. THIS
MEMORANDUM OF UNDERSTANDING SHALL REMAIN IN EFFECT UNTIL SUCH TIME AS
THE GOVERNMENT OF JAPAN (GOJ) TAKES OVER THE OPERATIONAL RESPONSIBILITY
FOR ENROUTE AIR TRAFFIC CONTROL FROM THE UNITED STATES GOVERNMENT IN THE
OKINAWA FLIGHT INFORMATION REGION (FIR) NOT LATER THAN 15 MAY 1974. ANY
REVISIONS TO THIS MEMORANDUM OF UNDERSTANDING SHALL B MADE ONLY WITH THE
CONCURRENCE OF BOTH PARTIES CONCERNED.
2. GENERAL:
A. THE PROGRAM SET FORTH IN THIS MEMORANDUM OF UNDERSTANDING IS
DESIGNED TO TRAIN JCAB CONTROLLERS THROUGH THE USE OF OKINAWA ENROUTE
AIR TRAFFIC CONTROL (ATC) PROCEDURES IN ORDER THAT THE GOJ MAY
INAUGURATE THE OPERATION OF THE JCAB OKINAWA AREA CONTROL CENTER (ACC).
IT IS AGREED THAT THE TRAINING OF JCAB CONTROLLERS PROVIDED BY THE USAF
IS ON A REIMBURSABLE BASIS. IT IS FURTHER AGREED THAT THE TRAINING
GIVEN BY THE USAF IS GIVEN TOWARDS THE GOAL OF ASSURING THE CONTINUED
SMOOTH AND EFFICIENT SERVICE TO ALL USERS, CIVIL AND MILITARY, WITHIN
THE FIR. THEREFORE OKINAWA ARTCC PROCEDURES FOR ENROUTE RADAR
CLIMBS/DESCENTS AND RADAR TO RADAR HANDOFFS SHALL BE ADOPTED BY THE
OKINAWA ACC. THE DETAILS OF THE SAID PROCEDURES SHALL BE FIXED AT THE
OPERATIONAL LEVEL.
B. TO MEET THIS OBJECTIVE, AN INITIAL CADRE OF FIFTEEN JCAB
CONTROLLERS WILL BE FACILITY RATED B THE USAF IN THE OKINAWA ARTCC. TEN
OF THE INITIAL CADRE SHALL REMAIN IN THE OKINAWA ARTCC AS ATC
INSTRUCTORS FOR AN ADDITIONAL THIRTY SIX JCAB CONTROLLERS. USAF/JCAB
INSTRUCTORS WILL PROVIDE "ON THE JOB TRAINING" (OJT) FOR THE ADDITIONAL
JCAB CONTROLLERS TO A LEVEL OF PROFICIENCY IN ACCORDANCE WITH JCAB
STANDARDS.
C. THE OPTIMUM NUMBER OF CONTROLLERS IN TRAINING IN THE ARTCC IS
FIFTEEN MANUAL AND TEN RADAR AT ONE TIME. SCHEDULING OF JCAB
CONTROLLERS ENTERING OKINAWA ARTCC FOR OJT WILL BE AGREED ON LOCALLY IN
ORDER TO PROVIDE MAXIMUM TRAINING.
3. RESPONSIBILITIES AND PROCEDURES:
A. THE USAF OKINAWA ARTCC SHALL:
(1) FACILITY RATE A TOTAL OF FIFTEEN JCAB CONTROLLERS AS THE INITIAL
CADRE IN ACCORDANCE WITH ESTABLISHED USAF, FAA AND ICAO PROCEDURES AND
DIRECTIVES. THE THIRTY SIX FOLLOW ON CONTROLLERS TRAINED TO JCAB
STANDARDS WILL NOT BE AWARDED USAF FACILITY RATINGS AND SHALL NOT BE
CONSIDERED USABLE CONTROLLERS IN THE OKINAWA ARTCC.
(2) PROVIDE TRAINING FACILITIES TO THE MAXIMUM EXTENT. ROOM NUMBER
12 AND THE TRAINING LABORATORY, LOCATED IN BUILDING 3417, ARE DESIGNATED
AS TRAINING ROOMS. STRIP HOLDERS AND COMPUTER PRINTED LABORATORY
TRAINING PROBLEMS WILL ALSO BE PROVIDED BY THE USAF.
(3) ASSIST THE JCAB IN ESTABLISHING ORIENTATION VISITS FOR STUDENT
CONTROLLERS TO THE OKINAWA ARTCC IN ORDER TO ACCLIMATE THE STUDENTS TO
THE ATMOSPHERE OF LIVE ENROUTE TRAFFIC. THE NUMBER OF VISITORS MUST BE
LIMITED SO AS TO ENSURE NONINTERFERENCE WITH THE ATC OPERATION.
(4) SUPERVISE JCAB CONTROLLERS WORKING IN THE OKINAWA ARTCC AND HAVE
OVERALL SUPERVISORY RESPONSIBILITY FOR THE EFFICIENT OPERATION OF THE
FACILITY.
B. THE JCAB SHALL:
(1) INSURE THAT THE INITIAL CADRE IS WELL QUALIFIED FOR SUCH TRAINING
AND THAT THE REMAINING FIV CONTROLLERS OF THE INITIAL CADRE BE ASSIGNED
TO OKINAWA ARTCC AS SOON AS POSSIBLE SO AS TO ALLOW SUFFICIENT TIME FOR
THEM TO BECOME FULLY FACILITY RATED.
(2) INSURE THAT TEN OF THE INITIAL CADRE REMAIN IN THE OKINAWA ARTCC
AND MAINTAIN PROFICIENCY IN THE PRACTICE OF USAF ATC PROCEDURES.
(3) RECOGNIZE THAT THE USAF FACILITY RATED JCAB CONTROLLERS (INITIAL
CADRE) HAVE FULL RESPONSIBILITY FOR THE CONTROL POSITION TO WHICH THEY
ARE ASSIGNED.
(SIGNED)
RYOGO SATO
ADMINISTRATOR
JCAB NAHA AIRPORT OFFICE
(SIGNED)
FOREST E BAKER, COLONEL, USAF
DIRECTOR, COMMUNICATIONS-ELECTRONICS
313 AIR DIVISION
SIGNED ON 28 SEPTEMBER 1973
JAPAN 14 JUN 1973 FLITE DOCUMENT NO. 7502439
MEMORANDUM OF UNDERSTANDING
FAMILIARIZATION OF JCAB AIR TRAFFIC CONTROLLERS IN THE OKINAWA AIR
ROUTE TRAFFIC CONTROL CENTER (ARTCC).
THESE MINUTES ARE CONSIDERED AS OFFICIAL DOCUMENTS PERTAINING TO BOTH
GOVERNMENTS AND WILL NOT BE RELEASED WITHOUT MUTUAL AGREEMENT
CIVIL AERONAUTICS SUBCOMMITTEE
MEMORANDUM TO: THE JOINT COMMITTEE
SUBJECT: FAMILIARIZATION OF JCAB AIR TRAFFIC CONTROLLERS IN THE
OKINAWA AIR ROUTE TRAFFIC CONTROL CENTER (ARTCC)
1. REFERENCE: CIVIL AERONAUTICS SUBCOMMITTEE MEMORANDUM TO THE
JOINT COMMITTEE, SUBJECT: OKINAWA AIR TRAFFIC CONTROL AGREEMENT, DATED
15 MAY 72 AND APPROVED BY THE JOINT COMMITTEE AT THE 251ST MEETING, 15
MAY 72.
2. WITH RESPECT TO ARTICLE I, PARAGRAPH 2 AND ARTICLE II, PARAGRAPH
1 OF THE ABOVE REFERENCED AGREEMENT, THE ATTACHED MEMORANDUM OF
UNDERSTANDING HAS BEEN ENTERED INTO AT LOCAL AND OPERATIONAL LEVELS IN
ORDER TO ESTABLISH CRITERIA AND PROCEDURES FOR THE FAMILIARIZATION OF
JAPAN CIVIL AVIATIO BUREAU (JCAB) AIR TRAFFIC CONTROLLERS IN THE OKINAWA
ARTCC. THIS MEMORANDUM OF UNDERSTANDING IS REFERRED TO THE JOINT
COMMITTEE FOR INFORMATION AND TO BE INCLUDED IN ITS RECORDS.
REFERRED TO THE U.S.-JAPAN JOINT COMMITTEE ON 11 JUN 1973
(SIGNED)
YUKIHARU HAMADA
JAPANESE CHAIRMAN
(SIGNED)
JAMES P. DAVIS
COLONEL, USAF
UNITED STATES CHAIRMAN
MADE PART OF THE JOINT COMMITTEE RECORDS ON 14 JUNE 1973
(SIGNED)
YOSHIO OKAWARA
JAPANESE REPRESENTATIVE
(SIGNED)
L.F. SNOWDEN
MAJOR GENERAL, USMC
UNITED STATES REPRESENTATIVE
JOINT COMMITTEE
MEMORANDUM OF UNDERSTANDING BETWEEN THE JAPAN CIVIL AVIATION BUREAU
(JCAB) AND THE 313TH AIR DIVISION (USAF) DATED 2 APRIL 1973
SUBJECT: RESPONSIBILITIES AND PROCEDURES FOR THE FAMILIARIZATION OF
JCAB AIR TRAFFIC CONTROLLERS IN THE USAF OKINAWA AIR ROUTE TRAFFIC
CONTROL CENTER (ARTCC)
1. PURPOSE: TO ESTABLISH CRITERIA AND PROCEDURES FOR THE
IMPLEMENTATION OF THE PROVISIONS OF ARTICLE I, PARAGRAPH 2, AND ARTICLE
II, PARAGRAPH 1, OF THE OKINAWA AIR TRAFFIC CONTROL AGREEMENT APPROVED
BY THE JOINT COMMITTEE ON 15 MAY 1972 CONCERNING THE FAMILIARIZATION OF
JCAB AIR TRAFFIC CONTROLLERS IN THE USAF OKINAWA AIR ROUTE TRAFFIC
CONTROL CENTER (ARTCC). THIS MEMORANDUM OF UNDERSTANDING SHALL REMAIN
IN EFFECT UNTIL SUCH TIME AS THE GOVERNMENT OF JAPAN TAKES OVER THE
OPERATIONAL RESPONSIBILITY FOR ENROUTE AIR TRAFFIC CONTROL FROM THE
UNITED STATES GOVERNMENT IN THE OKINAWA FLIGHT INFORMATION REGION NOT
LATER THAN 15 MAY 1974. ANY REVISIONS TO THIS MEMORANDUM OF
UNDERSTANDING SHALL BE MADE ONLY WITH THE CONCURRENCE OF BOTH PARTIES
CONCERNED.
2. GENERAL: THE PROGRAM SET FORTH IN THIS MEMORANDUM OF
UNDERSTANDING IS DESIGNED TO FAMILIARIZ JCAB CONTROLLERS WITH OKINAWA
ENROUTE AIR TRAFFIC CONTROL PROCEDURES, IN ORDER THAT THE GOVERNMENT OF
JAPAN MAY INAUGURATE THE OPERATION OF THE JCAB OKINAWA AREA CONTROL
CENTER NOT LATER THAN 15 MAY 1974. TO MEET THIS OBJECTIVE, AN INITIAL
CADRE OF FIVE (5) JCAB CONTROLLERS WILL BE FACILITY RATED BY THE USAF IN
THE OKINAWA ARTCC. THREE (3) OF THIS INITIAL CADRE WILL TRAIN, WITHIN
THE OKINAWA ARTCC, TEN (10) ADDITIONAL JCAB CONTROLLERS TO A PROFICIENCY
IN ACCORDANCE WITH JCAB STANDARDS. AN ADDITIONAL FIFTY-FIVE (55) JCAB
CONTROLLERS WILL BE GIVEN TRAINING AT A LOCATION OTHER THAN IN USAF
FACILITIES, BUT WILL BE PERMITTED TO OBSERVE ACTUAL OPERATIONS IN THE
OKINAWA ARTCC.
3. RESPONSIBILITIES AND PROCEDURES:
A. THE USAF OKINAWA ARTCC SHALL:
(1) FACILITY RATE A TOTAL OF FIVE (5) JCAB CONTROLLERS AS THE INITIAL
CADRE IN ACCORDANCE WITH ESTABLISHED USAF, FAA AND ICAO PROCEDURES AND
DIRECTIVES. THE TEN FOLLOW-ON CONTROLLERS TRAINED TO JCAB STANDARDS
WILL NOT BE AWARDED USAF FACILITY RATINGS AND SHALL NOT BE CONSIDERED
USABLE CONTROLLERS IN THE OKINAWA ARTCC.
(2) PROVIDE TRAINING FACILITIES TO THE EXTENT PRACTICABLE. ROOM
NUMBER 12, LOCATED IN BUILDING 3417, IS DESIGNATED AS THE JCAB TRAINING
ROOM. STRIP HOLDERS AND COMPUTER PRINTED LABORATORY TRAINING PROBLEMS
WILL ALSO BE PROVIDED BY THE USAF.
(3) ASSIST THE JCAB IN ESTABLISHING ORIENTATION VISITS FOR FIFTY-FIVE
(55) STUDENT CONTROLLERS T THE OKINAWA ARTCC IN ORDER TO ACCLIMATE THE
STUDENTS TO THE ATMOSPHERE OF LIVE ENROUTE TRAFFIC. VISIT REQUESTS
SHALL BE SUBMITTED TO THE OKINAWA ARTCC FOR APPROVAL ONE (1) WEEK PRIOR
TO THE PLANNED ORIENTATION VISIT. THE VISITING STUDENTS WILL BE LED BY
COMPETENT JCAB INSTRUCTORS AND THE NUMBER OF VISITORS MUST BE LIMITED SO
AS TO ENSURE NON-INTERFERENCE WITH THE ATC OPERATION.
(4) SUPERVISE JCAB CONTROLLERS WORKING IN THE OKINAWA ARTCC AND HAVE
OVER-ALL SUPERVISORY RESPONSIBILITY IN ACCORDANCE WITH THE PROVISIONS OF
PARAGRAPH 214, AFM 60-5 (ATTACHMENT 1).
B. THE JCAB SHALL:
(1) INSURE THAT THE TEN (10) FOLLOW-ON CONTROLLERS, DESIGNATED BY THE
JCAB FOR TRAINING IN THE OKINAWA ARTCC, ARE WELL QUALIFIED FOR SUCH
TRAINING.
(2) INSURE THAT THE THREE (3) JCAB CONTROLLERS OF THE INITIAL USAF
FACILITY RATED CADRE, WHO WIL BE THE INSTRUCTORS FOR THE ADDITIONAL TEN
(10) JCAB CONTROLLERS, MAINTAIN PROFICIENCY IN THE PRACTICE USAF ATC
PROCEDURES. THE USAF FACILITY RATED JCAB CONTROLLERS WILL BE
RESPONSIBLE FOR ANY ASSIGNED CONTROL POSITION IN ACCORDANCE WITH
PARAGRAPH 213.1 AND 216, AFM 60-5 (ATTACHMENTS 2 AND 3
(3) ESTABLISH SCHEDULING TO INSURE THAT ONLY FIVE (5) OF THE TEN (10)
ADDITIONAL CONTROLLERS WIL BE ASSIGNED FOR TRAINING IN THE OKINAWA ARTCC
AT ANY ONE TIME.
(SIGNED)
RYOGO SATO
ADMINISTRATOR
JCAB NAHA AIRPORT OFFICE
(SIGNED)
FOREST E. BAKER, COLONEL, USAF
DIRECTOR, COMMUNICATIONS - ELECTRONICS
313 AIR DIVISION
PARAGRAPH 214, AFM 60-5
214 SUPERVISORY PERSONNEL RESPONSIBILITIES
214.1 CREW CHIEF - RESPONSIBLE FOR THE EFFICIENT OPERATION OF THE
FACILITY DURING HIS TOUR OF DUTY. SPECIFICALLY, HE IS RESPONSIBLE FOR:
A. ACQUAINTING HIMSELF WITH WEATHER CONDITIONS, TRAFFIC, EQUIPMENT
STATUS, AND FIELD CONDITIONS AND BRIEFING ALL CONTROLLERS ACCORDINGLY,
PRIOR TO ASSUMING RESPONSIBILITY FOR THE WATCH.
B. ASSIGNING PERSONNEL TO OPERATING POSITIONS ACCORDING TO INDIVIDUAL
SKILLS AND QUALIFICATIONS.
C. SUPERVISING THE ACTIVITIES OF ALL CONTROLLERS DURING THE WATCH.
D. ASSIGNING TRAINEES TO FULLY-QUALIFIED CONTROLLERS FOR SUPERVISION.
E. EXERCISING CONTINUAL SURVEILLANCE OF POSITIONS OF OPERATION TO
INSURE INTER/INTRA-FACILITY COORDINATION.
F. PROVIDING ASSISTANCE AND ADVICE DURING EMERGENCIES.
214.2 CREW CHIEFS SHALL NOT INDIVIDUALLY SUPERVISE TRAINEES.
214.3 CREW CHIEFS ARE INDIVIDUALLY RESPONSIBLE FOR MAINTAINING
PERSONAL PROFICIENCY IN THE CONTROL OF AIR TRAFFIC. THIS MAY BE
ACCOMPLISHED BY:
A. PERFORMING THE DUTIES OF A SENIOR CONTROLLER WHEN SUFFICIENT
QUALIFIED PERSONNEL ARE NOT AVAILABLE DURING A SHIFT.
B. PERFORMING CONTROLLER DUTIES DURING AN AIRCRAFT EMERGENCY WHEN, IN
HIS JUDGMENT, SAFETY OF FLIGHT WILL BE ENHANCED.
C. PERFORMING CONTROLLER DUTIES TO PROMOTE THE SAFE, ORDERLY AND
EXPEDITIOUS FLOW OF AIR TRAFFIC DURING UNUSUALLY HEAVY TRAFFIC PERIODS.
SUCH DUTIES SHALL BE PERFORMED ONLY WHEN A POSITION OF OPERATION IS
OBVIOUSLY SATURATED AND SHALL BE LIMITED TO THE TIME NECESSARY TO
ELIMINATE UNACCEPTABLE DELAYS TO ARRIVING AIRCRAFT.
D. DEMONSTRATING CONTROLLER TECHNIQUE DURING PERIODS OF LIGHT
TRAFFIC.
214.4 WHEN A CREW CHIEF PERFORMS DUTIES UNDER 214.3, HE SHALL BE
CONSIDERED TO BE PERFORMING THE DUTIES OF SENIOR CONTROLLER.
214.5 SENIOR CONTROLLER - RESPONSIBLE FOR FACILITY OPERATIONS WHEN
CREW CHIEF IS NOT ASSIGNED. SPECIFICALLY, HE IS RESPONSIBLE FOR:
A. ACQUAINTING HIMSELF WITH WEATHER CONDITIONS, TRAFFIC, EQUIPMENT
STATUS, AND FIELD CONDITIONS, AND BRIEFING ALL CONTROLLERS ACCORDINGLY,
PRIOR TO ASSUMING RESPONSIBILITY FOR FACILITY OPERATIONS.
B. ASSIGNING PERSONNEL TO OPERATING POSITIONS ACCORDING TO INDIVIDUAL
SKILLS AND QUALIFICATIONS.
C. ASSIGNING TRAINEES TO FULLY-QUALIFIED CONTROLLERS FOR SUPERVISION.
D. PROVIDING ASSISTANCE AND ADVICE DURING EMERGENCIES.
E. PERFORMING CONTROLLER FUNCTIONS AT A POSITION OF OPERATION.
PARAGRAPH 213.1, AFM 60-5
213 FACILITY PERSONNEL TITLES AND RESPONSIBILITIES
213.1 ARTCC - TITLES AND RESPONSIBILITES SHALL BE AS FOLLOWS:
A. FLIGHT DATA. RESPONSIBLE FOR RECEIVING AND RELAYING AIRCRAFT
MOVEMENT INFORMATION; CALCULATING ESTIMATES AND POSTING AIRCRAFT
MOVEMENT INFORMATION ON FLIGHT PROGRESS STRIPS.
B. ASSISTANT CONTROLLER. RESPONSIBLE FOR ASSISTING CONTROLLERS IN
THE CONTROL OF AIR TRAFFIC; RECEIVING AND RELAYING AIRCRAFT MOVEMENT
INFORMATION; POSTING AIRCRAFT MOVEMENT INFORMATION ON FLIGHT PROGRESS
STRIPS AND MAINTAINING THEM IN PROPER SUSPENSE BAYS, AND, UPON SPECIFIC
INSTRUCTION FROM THE CONTROLLER, TRANSMITTING CLEARANCES AND CONTROL
INSTRUCTIONS TO OTHER FACILITIES FOR RELAY TO AIRCRAFT.
C. CONTROLLER. RESPONSIBLE FOR FORMULATING AND ISSUING CLEARANCES
AND CONTROL INSTRUCTIONS TO PROVIDE SEPARATION BETWEEN AIRCRAFT ON IFR
FLIGHT PLANS UNDER THE JURISDICTION OF THE CENTER; EFFECTING
COORDINATION WITH APPROPRIATE SECTORS AND FACILITIES; AND PROVIDING
FLIGHT ASSISTANCE SERVICE, WHEN REQUIRED.
D. COORDINATOR. RESPONSIBLE FOR COORDINATING AND REGULATING THE FLOW
OF TRAFFIC BETWEEN SECTORS AND CENTERS TO ASSURE THE SAFE AND
EXPEDITIOUS CONTROL OF AIR TRAFFIC, AND DIRECTING CONTROL ACTIVITIES, AS
ASSIGNED.
PARAGRAPH 216, AFM 60-5
216 ASSIGNING PERSONNEL TO POSITIONS OF OPERATIONS AND FUNCTIONS.
216.1 ASSIGN PERSONNEL TO POSITIONS OF OPERATION AS REQUIRED BY
TRAFFIC CONDITIONS, EQUIPMENT STATUS, AND INDIVIDUAL QUALIFICATIONS.
DURING PERIODS OF LIGHT ACTIVITY, POSITIONS MAY BE CONSOLIDATED IN
CONSONANCE WITH FACILITY ACTIVITY AND THE QUALIFICATIONS OF PERSONNEL
CONCERNED.
216.2 ASSIGN ONLY FACILITY RATED PERSONNEL TO CONTROLLER POSITIONS OF
OPERATION. DO NOT ASSIGN TRAINEE TO A CONTROLLER POSITION, EXCEPT WHEN
HE IS PARTICIPATING IN EITHER UPGRADE TRAINING OR TRAINING TO QUALIFY
FOR A FACILITY RATING AND IS UNDER THE CONSTANT SUPERVISION OF A FULLY
QUALIFIE CONTROLLER, RESPONSIBLE FOR THAT POSITION. DO NOT ALLOW A
TRAINEE TO CONTROL AN EMERGENCY AIRCRAFT
HE SHALL BE AFFORDED THE OPPORTUNITY TO CONTROL SIMULATED EMERGENCIE
FOR TRAINING PURPOSES. (REFERENCE 615.9)
216.3 DO NOT ASSIGN A TRAINEE AS PRECISION OR SURVEILLANCE FINAL
CONTROLLER OR TO MONITOR AN INSTRUMENT APPROACH WHEN THE WEATHER IS LESS
THAN: "CEILING 1000 FEET AND/OR VISIBILITY, 3 MILES."
216.4 ASSIGN PERSONNEL WITHOUT RATINGS TO ASSISTANT CONTROLLER AND
FLIGHT DATA, POSITIONS OF OPERATION ONLY WHEN THEY HAVE DEMONSTRATED AN
ABILITY TO PERFORM COPY AND VERBATIM RELAY DUTIES WITHOUT ERROR.
216.5 DO NOT ASSIGN OFFICER CONTROLLERS, AFSC 1631, OR 1611 WHEN 1634
NOT PREVIOUSLY HELD, AS FLIGHT FACILITIES OFFICERS, CHIEF CONTROLLERS,
CREW CHIEFS, OR SENIOR CONTROLLERS.
216.6 DURING FACILITY RATING EXAMINATIONS, THE CONTROLLER ASSIGNED TO
THE POSITION OF OPERATION IS RESPONSIBLE FOR THE CONTROL OF AIR TRAFFIC.
THIS RESPONSIBILITY MAY BE ASSUMED BY THE EXAMINER, PROVIDED HE
CONCURS, IS FACILITY RATED FOR THE POSITION, AND IS OTHERWISE QUALIFIED
TO CONTROL AIR TRAFFIC.
JAPAN 14 JUN 1973 FLITE DOCUMENT NO. 7502438
MEMORANDUM OF UNDERSTANDING
TRANSFER OF RESPONSIBILITY FOR AIR TRAFFIC CONTROL SERVICE AT
TACHIKAWA AIR BASE.
THESE MINUTES ARE CONSIDERED AS OFFICIAL DOCUMENTS PERTAINING TO BOTH
GOVERNMENTS AND WILL NOT BE RELEASED WITHOUT MUTUAL AGREEMENT
CIVIL AERONAUTICS SUBCOMMITTEE
MEMORANDUM TO: THE JOINT COMMITTEE
SUBJECT: TRANSFER OF RESPONSIBILITY FOR AIR TRAFFIC
1. NOTICE HAS BEEN GIVEN IN THE CIVIL AERONAUTICS SUBCOMMITTEE OF
THE INTENT OF U.S. FORCES TO TRANSFER THE AIR TRAFFIC CONTROL SERVICE AT
TACHIKAWA AIR BASE FAC 3012 TO THE GOVERNMENT OF JAPAN.
2. IT IS MUTUALLY AGREED THAT U.S. FORCES WILL TRANSFER AND THE
GOVERNMENT OF JAPAN WILL ASSUME OPERATIONAL AND FINANCIAL
RESPONSIBILITIES NOT LATER THAN 15 JUNE 1973.
3. IT IS FURTHER AGREED THAT THE DETAILED ARRANGEMENTS FOR PROVISION
OF AIR TRAFFIC CONTROL SERVICE WILL BE DEALT WITH ON THE LOCAL LEVEL
THROUGH SEPARATE AGREEMENT.
4. IT IS RECOMMENDED THAT THIS ACTION BE APPROVED AND MADE A MATTER
OF RECORD IN THE JOINT COMMITTEE.
ACCEPTED AND REFERRED TO THE JOINT COMMITTEE ON 11 JUN 1973.
(SIGNED)
YUKIHARU HAMADA
JAPANESE CHAIRMAN
(SIGNED)
JAMES P. DAVIS
COLONEL, USAF
U.S. CHAIRMAN
APPROVED BY THE JOINT COMMITTEE ON 14 JUNE 1973.
(SIGNED)
FOR YOSHIO OKAWARA
JAPANESE REPRESENTATIVE
(SIGNED)
L.F. SNOWDEN
MAJOR GENERAL, USMC
UNITED STATES REPRESENTATIVE
JAPAN 14 MAY 1973 FLITE DOCUMENT NO. 7502437
MEMORANDUM OF UNDERSTANDING
TEMPORARILY CONTINUED USAGE OF 1420 KHZ.
THESE MINUTES ARE CONSIDERED AS OFFICIAL DOCUMENTS PERTAINING TO BOTH
GOVERNMENTS AND WILL NOT BE RELEASED WITHOUT MUTUAL AGREEMENT
UNITED STATES-JAPAN JOINT COMMITTEE
FREQUENCY SUBCOMMITTEE
SUBMITTED TO: US-JAPAN JOINT COMMITTEE
SUBJECT: TEMPORARILY CONTINUED USAGE OF 1420 KHZ
1. REFERENCE: DOCUMENT F-44, ITEM 16, ANNEX A TO TELECOMMUNICATIONS
- ELECTRONICS AGREEMENT DATED ON 15 MAY 1972.
2. THE UNITED STATES FORCES, JAPAN INTRODUCED THE RESULTS OF THE
SURVEY ON 1420 KHZ (DOC. F-48) AND EXPRESSED THE REQUEST FOR THE
CONTINUED USAGE, ON 12 MAY 1973. THE FREQUENCY SUBCOMMITTEE CONSIDERS
THAT IT IS VERY DIFFICULT TO FINISH THE INVESTIGATION BY 14 MAY 1973 AND
ADDITIONAL DAYS ARE NECESSARY FOR PRECISE INVESTIGATION.
IN THE VIEW OF THE FOREGOING, THE JAPANESE SIDE AGREES THAT THE
UNITED STATES FORCES, JAPAN WILL USE 1420 KHZ ON THE TEMPORARY BASIS
FROM 15 MAY 1973 THROUGH 30 JUNE 1973.
3. THE FREQUENCY SUBCOMMITTEE CONFIRMS THE UNDERSTANDING OF THE
REFERENCED DOCUMENT THAT THE UNITED STATES FORCES, JAPAN SHALL NOT USE
1420 KHZ WITHOUT THE AGREEMENT OF THE GOVERNMENT OF JAPAN
4. IT IS RECOMMENDED THAT THE ABOVE ITEMS BE APPROVED.
(SIGNED)
JOSEPH A. NOVAK
COLONEL,
US CHAIRMAN
US-JAPAN FREQUENCY SUBCOMMITTEE
(SIGNED)
GIRO SAITO
DIRECTOR GENERAL, RRB
JAPAN CHAIRMAN
US-JAPAN FREQUENCY SUBCOMMITTEE
PARAGRAPHS 2 AND 3 APPROVED BY THE JOINT COMMITTEE ON 14 MAY 1973
(SIGNED)
L.F. SNOWDEN
MAJOR GENERAL, USMC
UNITED STATES REPRESENTATIVE
(SIGNED)
Y. OKAWARA
JAPANESE REPRESENTATIVE
ITALY 1 APR 1974 FLITE DOCUMENT NO. 7502436
MEMORANDUM OF UNDERSTANDING
ARRANGEMENTS BETWEEN UNITED STATES AND ITALY CONCERNING THE
COPRODUCTION OF THE SIDEWINDER (AIM-9H) MISSILE SYSTEM AND ITS
COMPONENTS.
THIS MEMORANDUM OF UNDERSTANDING (MOU) CONSTITUTES THE ARRANGEMENTS
ENTERED INTO BETWEEN THE GOVERNMENT OF THE UNITED STATES REPRESENTED BY
THE DEPARTMENT OF DEFENSE (DOD) AND THE GOVERNMENT O ITALY REPRESENTED
BY THE MINISTRY OF DEFENSE (MOD) CONCERNING THE COPRODUCTION OF THE
SIDEWINDER (AIM-9H) MISSILE SYSTEM AND ITS COMPONENTS, AS DEFINED IN
ANNEX "A", TO EQUIP THE ITALIAN AIR FORCE WITH A MISSILE SYSTEM STANDARD
TO THE ARMED FORCES OF BOTH GOVERNMENTS.
2. PERTINENT PREVIOUS AGREEMENTS
THIS MOU IS SUBJECT TO THE MUTUAL DEFENSE ASSISTANCE AGREEMENT, DATED
27 JANUARY 1950, AND ALL APPLICABLE RELATED OR SUPPLEMENTAL AGREEMENTS
BETWEEN THE TWO GOVERNMENTS INCLUDING THE MUTUAL SECURITY AGREEMENT OF 7
JANUARY 1952; THE AGREEMENT TO FACILITATE THE INTERCHANGE OF PATENT
RIGHTS AND TECHNICAL INFORMATION FOR DEFENSE PURPOSES OF 3 OCTOBER 1952;
THE WEAPONS PRODUCTION AGREEMENT OF 7 JULY 1960; AND SUCH OTHER
AGREEMENTS AS RELATED TO THE MUTUAL DEFENSE OF THE TWO GOVERNMENTS.
3. COPRODUCTION OF THE AIM-9H MISSILE SYSTEM
A. THE TWO GOVERNMENTS AGREE TO THE COPRODUCTION OF THE AIM-9H
MISSILE SYSTEM, FOR USE BY THE GOVERNMENT OF ITALY, IN THE TYPES AND
QUANTITIES SET FORTH IN ANNEX "B" HERETO.
B. TO ACCOMPLISH THIS PROGRAM, THE U.S. GOVERNMENT WILL PROVIDE THE
GOVERNMENT OF ITALY WITH THE PRODUCTION TECHNICAL DATA PACKAGE
(HEREINAFTER REFERRED TO AS THE PTDP) EXCEPT FOR ANY PORTION CLASSIFIED
SECRET OR HIGHER AT COST OF REPRODUCTION IN ACCORDANCE WITH PROCEDURES
UNDER THE FOREIGN MILITARY SALES ACT. SUCH PTDP WILL REFLECT THE LATEST
CONFIGURATION OF THE AIM-9H MISSILE SYSTEM.
C. TO ACCOMPLISH THIS PROGRAM, DIRECT INDUSTRY-TO-INDUSTRY
ARRANGEMENT WILL BE ENTERED INTO COVERING THE SUPPLY OF ALL EQUIPMENT,
MATERIEL, TECHNICAL INFORMATION AND SERVICES EXCEPT FOR THOSE WHICH MUST
BE PROVIDED ON A GOVERNMENT-TO-GOVERNMENT BASIS AS PROVIDED IN PARAGRAPH
3B.
D. THE GOVERNMENT OF ITALY MAY DESIGNATE ANY UNITED STATES OR ITALIAN
FIRM TO ACT AS ITS AGENT FOR THE PURPOSE OF RECEIVING EQUIPMENT,
MATERIEL, TECHNICAL INFORMATION AND SERVICES TO BE FURNISHE BY THE
UNITED STATES GOVERNMENT, PROVIDED THAT NO AGENT MAY BE SELECTED WHICH
IS OWNED OR CONTROLLE BY NATIONALS OF THIRD COUNTRIES.
E. UPON THE WRITTEN CONSENT OF BOTH PARTIES, THIS AGREEMENT MAY BE
EXTENDED TO COVER THE COPRODUCTION OF AN ADDITIONAL QUANTITY OF THE
AIM-9H MISSILE SYSTEM AND/OR COMPONENTS FOR USE BY TH GOVERNMENT OF
ITALY.
4. TRANSFERS
THE GOVERNMENT OF ITALY AGREES NOT TO TRANSFER TITLE TO OR POSSESSION
OF THE AIM-9H MISSILE SYSTE AND/OR COMPONENTS THEREOF TO ANYONE NOT AN
OFFICER, EMPLOYEE OR AGENT OF THE GOVERNMENT OF ITALY UNLESS THE WRITTEN
CONSENT OF THE UNITED STATES GOVERNMENT HAS FIRST BEEN OBTAINED.
5. NONRECURRING COST SURCHARGE
THE GOVERNMENT OF THE UNITED STATES AGREES THAT THE GOVERNMENT OF
ITALY WILL NOT BE REQUIRED TO PAY A ROYALTY FOR USG-OWNED RIGHTS OR
PRO-RATA-NONRECURRING COST SURCHARGE TO THE U.S. GOVERNMENT FOR THE
AIM-9H MISSILE SYSTEM COPRODUCED UNDER LICENSE IN ITALY OR FOR THE
RIGHTS GRANTED BY THE GOVERNMENT OF THE U.S. TO THE GOVERNMENT OF ITALY
FOR ITS OWN USE IN ACCORDANCE WITH THIS MOU.
6. TECHNICAL ARRANGEMENTS
TECHNICAL ARRANGEMENTS FOR CARRYING OUT THIS COPRODUCTION PROGRAM
WILL BE ENTERED INTO BETWEEN TH MANUFACTURER(S) SELECTED BY THE
GOVERNMENT OF ITALY AND THE UNITED STATES PRIME MANUFACTURER OR OTHER
UNITED STATES MANUFACTURER(S) ALSO SELECTED BY THE GOVERNMENT OF ITALY.
A. TO THE EXTENT APPLICABLE, THE TERMS OF THIS MOU SHALL BE
INCORPORATED BY REFERENCE IN SUCH TECHNICAL ARRANGEMENTS.
B. SUCH TECHNICAL ARRANGEMENTS WILL BE SUBJECT TO THE RESPECTIVE LAWS
AND REGULATIONS OF THE TWO GOVERNMENTS.
C. UNDER THESE TECHNICAL ARRANGEMENTS, THE UNITED STATES
MANUFACTURER(S) WILL, INTER ALIA, PROVIDE MATERIAL, MANAGEMENT,
TECHNICAL, PROCUREMENT AND ADMINISTRATIVE ASSISTANCE AND MANUFACTURIN
TECHNIQUES TO THE ITALIAN MANUFACTURER(S).
7. SECURITY
A. ANY CLASSIFIED DOCUMENTS, MATERIAL, TOOLS, FACILITIES OR
INFORMATION WHICH MAY BE TRANSFERRED UNDER THIS MOU AND THE TECHNICAL
ARRANGEMENT BETWEEN THE TWO GOVERNMENTS OR THEIR CONTRACTORS, WILL BE
SUBJECT TO PROTECTION IN ACCORDANCE WITH THE AGREEMENT RELATING TO THE
SAFEGUARDING OF CLASSIFIE INFORMATION BETWEEN THE TWO GOVERNMENTS WHICH
WAS EFFECTED BY THE EXCHANGE OF NOTES OF AUGUST 4, 1964. ALL SUCH
MEASURES AND PROTECTION TAKEN SHALL REMAIN IN FULL FORCE AND EFFECT
AFTER THE TERMINATION OF THE PRESENT AGREEMENT.
B. NO PRODUCTION TECHNICAL DATA CLASSIFIED SECRET OR HIGHER MAY BE
TRANSFERRED UNDER THE PROVISIONS OF THIS AGREEMENT. ACCORDINGLY, THE
SEEKER-GYROSCOPE ASSEMBLY OF THE AIM-9H AND THE MAR 15 TDD WILL BE
PROCURED FROM U.S. PRODUCTION. HOWEVER, EXCEPT FOR THE IR FILTER AND
THE MARK 15 TDD, THE U.S. GOVERNMENT AGREES TO PROVIDE MAINTENANCE
TECHNICAL DATA FOR THE SEEKER-GYROSCOPE ASSEMBLY. FOR THE EXCEPTED
ITEMS, ALL MAINTENANCE WILL BE ACCOMPLISHED IN THE U.S.
8. AUTHORIZED USE OF DOCUMENTATION
A.(1) THE U.S. GOVERNMENT WILL USE ITS BEST EFFORT TO FURNISH THE
GOVERNMENT OF ITALY A PTDP THA IS ACCURATE, ADEQUATE, AND COMPLETE;
HOWEVER, THE U.S. GOVERNMENT DOES NOT GUARANTEE THE ACCURACY O
COMPLETENESS OF THE PTDP PROVIDED TO THE GOVERNMENT OF ITALY BY THE U.S.
GOVERNMENT IN FURTHERANCE OF THIS MOU. RESPONSIBILITY, IF ANY, FOR THE
ACCURACY, ADEQUACY AND COMPLETENESS OF THE PTDP SHOUL BE SET FORTH IN
THE TERMS OF THE LICENSING AGREEMENT BETWEEN THE U.S. CONTRACTOR AND
THE ITALIAN CONTRACTOR.
A.(2) SUBJECT TO THE U.S. INTERNATIONAL TRAFFIC IN ARMS REGULATION,
THE GOVERNMENT OF ITALY AND/OR ITS SELECTED CONTRACTOR(S) ARE AUTHORIZED
TO PROCURE DIRECTLY FROM THE U.S. CONTRACTOR(S) COPIES OF DRAWINGS,
SPECIFICATIONS, INFORMATION AND OTHER DATA, AS WELL AS TECHNICAL
ASSISTANCE AND MATERIAL RELATED TO ITEM IN ANNEX "B" WHICH MAY BE
NECESSARY IN ADDITION TO THE PTDP TO ACCOMPLISH THIS PROGRAM. THE U.S.
GOVERNMENT CANNOT GUARANTEE THE ACCURACY, ADEQUACY, OR COMPLETENESS OF
ANY DOCUMENTATION PROVIDED BY A U.S. CONTRACTOR(S) UNDER TERMS OF DIRECT
AGREEMENTS BETWEEN THE GOVERNMENT OF ITALY AND/OR THEIR SELECTED
CONTRACTOR(S) WITH SUCH CONTRACTOR(S). FURTHER, THE U.S. GOVERNMENT
DOES NOT GUARANTEE THE AVAILABILITY OF ANY SPECIFIC COMPONENT OR PART OF
THE AIM-9H MISSILE SYSTEM.
B. THE GOVERNMENT OF ITALY IS AUTHORIZED TO USE FOR PRODUCTION,
MAINTENANCE, REPAIR, TRAINING AN OVERHAUL PURPOSES DOCUMENTATION
FURNISHED BY THE UNITED STATES GOVERNMENT OR ITS CONTRACTORS TO THE
EXTENT OF THE RIGHTS OF THE UNITED STATES GOVERNMENT THEREIN. THE
GOVERNMENT OF ITALY AGREES TO PA THE COST OF REPRODUCTION, PACKAGING AND
TRANSPORTATION TO ITALY OF SUCH DOCUMENTATION.
C. THIS AUTHORIZATION DOES NOT IN ANY WAY CONSTITUTE A LICENSE TO
MAKE, USE OR SELL THE SUBJECT MATTER OF ANY INVENTIONS, TECHNICAL
INFORMATION OR KNOW-HOW (HEREINAFTER REFERRED TO AS PROPRIETARY RIGHTS)
OWNED BY THIRD PARTIES WHICH MAY BE EMBODIED OR DESCRIBED IN THE
DOCUMENTATION.
D. THE UNITED STATES GOVERNMENT INCURS NO LIABILITY FOR ANY
PROCUREMENT, MANUFACTURE, USE OF SAL BY THE GOVERNMENT OF ITALY WHICH
MAKES USE OF ANY OF THE AFOREMENTIONED PROPRIETARY RIGHTS OR FOR ANY
RESULTS DERIVED FROM THE USE OF DOCUMENTATION FURNISHED.
E. AS TO THE TECHNICAL DATA AND OTHER INFORMATION, REPRODUCTION
RIGHTS, INVENTIONS AND LICENCES THEREFOR, NOT ENCOMPASSED WITHIN THE
PROVISIONS OF THE ABOVE PARAGRAPHS, OWNED OR CONTROLLED BY UNITED STATES
CONTRACTORS PARTICIPATING IN THE PROGRAM, THE UNITED STATES GOVERNMENT
WILL USE ITS BEST EFFORTS TO ASSIST THE GOVERNMENT OF ITALY TO NEGOTIATE
PRODUCTION AND LICENSE RIGHTS ON FAIR AND REASONABLE TERMS, TO PRODUCE
OR HAVE PRODUCED IN ITALY IN ACCORDANCE WITH THIS PROGRAM, AIM-9H
MISSILE SYSTEMS INCLUDING COMPONENTS, ASSEMBLIES AND PARTS THEREFOR.
F. DATA AND DOCUMENTATION PROVIDED UNDER THE ABOVE PARAGRAPHS WILL
NOT BE RELEASED TO THIRD COUNTRIES, OR CONTRACTORS, OR PERSONS OUTSIDE
ITALY WITHOUT THE APPROVAL OF THE UNITED STATES GOVERNMENT.
9. FLOW BACK OF INVENTIONS AND DATA
A. THE GOVERNMENT OF ITALY WILL PERIODICALLY REPORT TO, AND AT THE
REQUEST OF THE UNITED STATES ADMINISTRATIVE REPRESENTATIVE, CAUSE TO BE
FURNISHED TO THE GOVERNMENT OF THE UNITED STATES ALL INFORMATION AND
DATA CONCERNING DESIGN AND MANUFACTURING CHANGES, DEVELOPMENTS,
MODIFICATIONS AND IMPROVEMENTS DEVELOPED UNDER THIS PROGRAM AND
INCORPORATED INTO THE AIM-9H MISSILE SYSTEM.
B. THE GOVERNMENT OF ITALY AGREES TO FURNISH AT NO COST TO THE UNITED
STATES GOVERNMENT TECHNICA DATA, TECHNICAL INFORMATION AND INFORMATION
ON INVENTIONS RESULTING FROM THE PRODUCTION OF THE AIM-9H MISSILE SYSTEM
AND/OR COMPONENTS THEREOF AND ITS COMPONENTS IN ITALY, AND A
ROYALTY-FREE RIGHT TO USE THE SAME WORLD-WIDE FOR DEFENSE PURPOSES,
INCLUDING MILITARY ASSISTANCE PROGRAMS.
10. PURCHASE OF AIM-9H MISSILE SYSTEMS OR COMPONENTS BY THE UNITED
STATES
A. THE TWO GOVERNMENTS AGREE THAT THE GOVERNMENT OF THE UNITED STATES
HAS THE RIGHT TO MAKE PURCHASES IN ITALY OF AIM-9H MISSILE SYSTEMS OR
PARTS, COMPONENTS AND ASSEMBLIES THEREOF AT THE SAM PRICE PAID BY THE
GOVERNMENT OF ITALY FOR SUCH ITEMS. SUCH PURCHASES WILL INCREASE THE
SCOPE OF TH PROGRAM DEFINED IN PARAGRAPH 3 WITHOUT FURTHER AMENDMENT OF
THIS AGREEMENT.
B. PURCHASES OF ITEMS BY OR FOR THE U.S. GOVERNMENT, OR WITH FUNDS
DERIVED THROUGH THE MILITARY ASSISTANCE OR OTHER U.S. GOVERNMENT
PROGRAMS, WILL NOT INCLUDE ROYALTIES OR OTHER PAYMENTS FOR INVENTIONS,
DESIGNS, PATENTS, TECHNICAL DATA, ETC., WHICH THE UNITED STATES
GOVERNMENT ALREADY HAS IN ITS POSSESSION, OR HAS THE RIGHT TO POSSESSION
OF, OR IS ENTITLED TO USE WITHOUT THE PAYMENT OF ROYALTIES AND/OR OTHER
FEES.
11. SPECIAL TOOLING AND INDUSTRIAL FACILITIES
A. TO THE EXTENT IT MAY DO SO WITHOUT INCURRING LIABILITY TO OTHERS,
THE UNITED STATES GOVERNMEN AGREES TO INTERPOSE NO OBJECTION TO THE
DUPLICATION BY THE MANUFACTURERS DESIGNATED BY THE GOVERNMENT OF ITALY
FOR THE PURPOSE OF PRODUCTION OF THE AIM-9H MISSILE SYSTEM AND/OR
COMPONENTS THEREOF, OF ANY UNITED STATES GOVERNMENT-OWNED SPECIAL
TOOLING AND INDUSTRIAL FACILITIES NOW USED O WHICH MAY HEREAFTER BE USED
IN THE MANUFACTURE OF THE AIM-9H MISSILE SYSTEM AND/OR COMPONENTS
THEREOF.
B. UNITED STATES GOVERNMENT-OWNED SPECIAL TOOLING AND INDUSTRIAL
FACILITIES, WHEN IN USE IN THE PLANTS OF ITS MANUFACTURERS, WILL BE USED
FREE OF CHARGE IN PRODUCTION OF THE AIM-9H MISSILE SYSTEM AND/OR
COMPONENTS THEREOF FOR THE PURPOSE OF THIS PROGRAM, PROVIDED THAT SUCH
TOOLING AND FACILITIE ARE NOT NEEDED TO MEET UNITED STATES REQUIREMENTS.
IN THE EVENT SUCH ITEMS ARE NEEDED FOR UNITED STATES REQUIREMENTS,
TIMELY NOTIFICATION SHALL BE GIVEN TO THE GOVERNMENT OF ITALY AND NO
LIABILITY SHALL BE IMPOSED ON THE UNITED STATES GOVERNMENT FOR ANY
ADDITIONAL COSTS INVOLVED.
C. THE GOVERNMENT OF THE UNITED STATES WILL CONSIDER THE LOANING TO
THE GOVERNMENT OF ITALY, AT THE LATTER'S REQUEST, MACHINE TOOLS AND
NECESSARY TOOLING WHICH ARE EXCESS TO ITS REQUIREMENTS FROM THE
INVENTORY OF THE GOVERNMENT OF THE UNITED STATES FOR THIS COPRODUCTION
PROGRAM. SUCH MACHINE TOOLS AND TOOLING WILL BE LOANED ON TERMS TO BE
AGREED AT THE TIME.
12. LOAN OF AIM-9H SYSTEMS AND COMPONENTS
THE GOVERNMENT OF THE UNITED STATES AGREES TO CONSIDER THE LOAN OF
AIM-9H SYSTEMS AND/OR COMPONENTS TO THE GOVERNMENT OF ITALY. THE TERMS
AND CONDITIONS WILL BE SET FORTH IN A SEPARATE ARRANGEMENT TO BE
NEGOTIATED BY THE TWO GOVERNMENTS AND WILL CONFORM TO STANDARD POLICIES
AND REGULATIONS OF THE USG AND DOD.
13. GOVERNMENT-FURNISHED COMPONENTS
THE GOVERNMENT OF THE UNITED STATES AGREES TO MAKE AVAILABLE TO THE
GOVERNMENT OF ITALY FOR THIS PROGRAM, U.S. GOVERNMENT-PROCURED END-ITEM
COMPONENTS AVAILABLE FROM STOCK FOR THE AIM-9H MISSILE SYSTEM IN
ACCORDANCE WITH U.S. GOVERNMENT FOREIGN MILITARY SALES PROCEDURES.
14. IMPLEMENTATION
A. EACH GOVERNMENT AGREES TO DESIGNATE AN ADMINISTRATIVE
REPRESENTATIVE TO SERVE AS ITS POINT OF CONTACT IN CARRYING OUT THE
RESPONSIBILITIES OF ITS GOVERNMENT UNDER THIS PROGRAM.
B. AS SOON AS POSSIBLE AFTER SIGNATURE OF THIS MOU, THE DESIGNATED
U.S. ADMINISTRATIVE REPRESENTATIVE AND ITALIAN REPRESENTATIVE SHALL MEET
AND AGREE UPON PROCEDURES, INCLUDING TECHNICAL ARRANGEMENTS, AND REPORTS
NECESSARY TO DETERMINE PROGRESS.
C. UPON REQUEST OF THE MINISTRY OF DEFENSE, THE DEPARTMENT OF DEFENSE
WILL PROVIDE, ON A REIMBURSABLE BASIS UNDER THE FOREIGN MILITARY SALES
ACT, SUCH SERVICES AS:
(1) QUALITY ASSURANCE FOR THOSE ITEMS PROCURED IN THE UNITED STATES;
AND
(2) TECHNICAL ASSISTANCE (SUCH AS LABORATORY, PROOFING, INSPECTION,
CONTROL TESTING, BALLISTICS TESTING, QUALITY PRODUCT TESTING, GOVERNMENT
INSPECTION TECHNIQUES, ETC.) AS AVAILABLE WHICH WILL PERMIT THE MINISTRY
OF DEFENSE TO ASSURE ITSELF OF MANUFACTURE OF A QUALITY PRODUCT.
D. THIS AGREEMENT IS SUBJECT TO AUTHORITY BEING GRANTED BY THE
ITALIAN MINISTRY OF THE TREASURY TO ASSUME THE RELEVANT FINANCIAL
MULTI-YEAR ENGAGEMENTS OF THE BUDGET OF THE MINISTRY OF DEFENSE.
15. STANDARDIZATION
A. THE GOVERNMENT OF ITALY AGREES THAT THE AIM-9H MISSILE SYSTEM WILL
BE PRODUCED IN ITALY IN CONFORMANCE WITH (1) DRAWINGS, SPECIFICATIONS
AND CHANGES THERETO FURNISHED FOR ITS PRODUCTION, (2) THE SYSTEM OF
MEASUREMENT CALLED FOR IN THE DRAWINGS AND SPECIFICATIONS, AND (3)
UNITED STATES STANDARDS OF QUALITY AND PRECISION. THE GOVERNMENT OF
ITALY FURTHER AGREES THAT THE SYSTEMS WILL B INSPECTED AND ACCEPTED
UNDER THE UNITED STATES STANDARDS OF INSPECTION, QUALITY CONTROL AND
ACCEPTANCE.
B. IN THE EVENT MAJOR DIFFICULTIES ARISE IN THE USE OF UNITED STATES
STANDARDS OF MEASUREMENT WHICH CANNOT BE RESOLVED BY THE MANUFACTURERS,
THE MATTER SHALL BE REGARDED AS A DEVIATION UNDER PARAGRAPH 16 BELOW.
16. DEVIATIONS
THE U.S. GOVERNMENT SHALL NOT BE RESPONSIBLE FOR DEVIATIONS PROPOSED
AND/OR IMPLEMENTED BY THE GOVERNMENT OF ITALY OR THE AUTHORIZED ITALIAN
MANUFACTURERS FROM DRAWINGS, SPECIFICATIONS OR DATA FURNISHED BY THE
UNITED STATES OR ITS MANUFACTURERS OR FOR QUALITY ASSURANCE OF ANY
MODIFIED COMPONENT OF THE AIM-9H MISSILE SYSTEM.
17. REPORTS
A. THE GOVERNMENT OF ITALY AGREES TO FURNISH SUCH INFORMATION AND
PROGRESS REPORTS AS MAY BE REQUIRED BY THE UNITED STATES GOVERNMENT TO
ASSURE, IN THE MUTUAL INTEREST, ORDERLY AND SUCCESSFUL COMPLETION OF
THIS COPRODUCTION PROGRAM INCLUDING, BUT NOT LIMITED TO, INSPECTION BY
UNITED STATES REPRESENTATIVES OF THE PRODUCTION, ASSEMBLY AND TEST OF
THE AIM-9H MISSILE SYSTEM AND/OR COMPONENTS THEREOF IN ITALY AND
PERIODIC REPORTS OF COMPONENTS AND MISSILES PRODUCED.
B. THE GOVERNMENT OF ITALY AGREES TO PROVIDE THE U.S. REPRESENTATIVE
WITH A SEMI-ANNUAL REPORT INDICATING THE TOTAL ESTIMATED PROGRAM COST TO
ITALY, THE TOTAL EXPENDITURES OCCURRING IN THE UNITE STATES DURING THE
PRECEDING SIX MONTHS, AND THE TOTAL CUMULATIVE EXPENDITURES IN THE U.S.
FOR THE PROGRAM THROUGH THE DATE OF THE REPORT. REPORTING SHALL BEGIN
WITH THE PERIOD IN WHICH INITIAL EXPENDITURES OCCUR AND CONTINUE UNTIL
TERMINATION OF THIS PROGRAM.
18. IDENTIFICATION
ITEMS MANUFACTURED IN ITALY WILL BE SO IDENTIFIED BY APPROPRIATE
MARKINGS.
19. RESOLUTION OF DIFFERENCES
A. THE U.S. REPRESENTATIVE, THE REPRESENTATIVE OF THE GOVERNMENT OF
ITALY, AND REPRESENTATIVES DESIGNATED BY EACH OF THE TWO PRIME
MANUFACTURERS SHALL COMPOSE A WORKING GROUP WHICH SHALL BE AUTHORIZED TO
CONSIDER AND DISCUSS SUCH DIFFERENCES AS MAY ARISE BETWEEN THE TWO
GOVERNMENTS, AND THE TWO REPRESENTATIVES OF THE TWO GOVERNMENTS ARE
AUTHORIZED TO RESOLVE SUCH DIFFERENCES WITHIN TH SCOPE OF THIS MOU.
B. IN THE EVENT THE DIFFERENCE CANNOT BE RESOLVED BY THE TWO
GOVERNMENT REPRESENTATIVES, IT WILL BE SUBMITTED FOR CONSIDERATION AND
DECISION TO APPROPRIATE LEVELS OF EACH GOVERNMENT.
20. PATENT INFRINGEMENT
THE GOVERNMENT OF ITALY AGREES TO HOLD THE U.S. GOVERNMENT HARMLESS
AGAINST ANY PATENT INFRINGEMENTS RESULTING FROM THE COPRODUCTION OF THE
AIM-9H MISSILE SYSTEM IN ITALY.
21. EXPENDITURES IN THE UNITED STATES
APPROXIMATELY 50 PERCENT OF THE OVERALL HARDWARE VALUE OF THIS
COPRODUCTION PROGRAM, EXCLUSIVE OF ANY TAXES, DUTIES, TRANSPORTATION
COSTS AND PATENT ROYALTIES, SHALL BE PROCURED FROM SOURCES IN THE UNITED
STATES. ANNEX "C" SHALL SERVE AS A GUIDE FOR THIS PURPOSE. THE
GOVERNMENT OF ITALY AGREES TO PROVIDE THE U.S. REPRESENTATIVE WITH A
SEMI-ANNUAL REPORT INDICATING THE OVERALL HARDWARE VALUE AND THE TOTAL
EXPENDITURES IN THE UNITED STATES DURING THE PRECEDING SIX MONTHS, AND
THE TOTAL CUMULATIVE EXPENDITURES IN THE UNITED STATES FOR THE PROGRAM
THROUGH THE DATE OF THE REPORT. REPORTING SHALL BEGIN WITH THE PERIOD
IN WHICH INITIAL EXPENDITURES OCCUR AND CONTINUE UNTIL TERMINATION OF
THIS PROGRAM.
22. TERMINATION AND AMENDMENT
A. THIS MOU SHALL REMAIN IN FULL FORCE AND EFFECT FOR A MINIMUM
PERIOD OF 10 YEARS AFTER WHICH I MAY BE TERMINATED BY NOTICE IN WRITING
BY EITHER PARTY. SUCH TERMINATION SHALL TAKE EFFECT SIX MONTHS
FOLLOWING THE DATE OF SUCH NOTICE.
B. THE RESPECTIVE RESPONSIBILITIES OF THE GOVERNMENTS REGARDING
SECURITY MEASURES, TRANSFER OF INFORMATION OR ITEMS PRODUCED UNDER THE
PROGRAM TO THIRD PARTIES, THE PROTECTION OF PRIVATELY OWNED RIGHTS IN
INVENTIONS AND TECHNICAL INFORMATION AND THE PROVISIONS OF PARAGRAPH 20
ABOVE WILL CONTINUE IRRESPECTIVE OF TERMINATION OF THIS PROGRAM.
C. THIS MOU MAY BE AMENDED AT ANY TIME BY WRITTEN AGREEMENT BETWEEN
THE TWO PARTIES.
THIS MOU, DONE IN THE ENGLISH AND ITALIAN LANGUAGES, BOTH TEXTS
EQUALLY AUTHENTIC, WILL BE EFFECTIVE FROM THE DATE OF LAST SIGNATURE AND
UPON ASSUMPTION OF THE RELEVANT FINANCIAL MULTI-YEAR ENGAGEMENTS OF THE
BUDGET OF THE MINISTRY OF DEFENSE.
FOR THE MINISTRY OF DEFENSE
REPUBLIC OF ITALY
(SIGNED)
(ILLEGIBLE)
30 MAR 1974
FOR THE UNITED STATES
DEPARTMENT OF DEFENSE
(SIGNED)
(ILLEGIBLE)
1 APR 1974
(ANNEX A OMITTED)
(ANNEX B OMITTED)
(ANNEX C OMITTED)
ISRAEL 28 MAR 1975 FLITE DOCUMENT NO. 7502435
AGREEMENT
AUDIT SERVICE AGREEMENT BETWEEN THE GOVERNMENT OF ISRAEL AND THE
DEFENSE CONTRACT AUDIT AGENCY.
AUDIT SERVICE AGREEMENT BETWEEN THE GOVERNMENT OF ISRAEL AND THE
DEFENSE CONTRACT AUDIT AGENCY DEPARTMENT OF DEFENSE UNITED STATES OF
AMERICA
PURSUANT TO THE U.S. FOREIGN ASSISTANCE ACT OF 1961, AS AMENDED, THE
GOVERNMENT OF THE UNITED STATES OF AMERICA, HEREBY OFFERS UPON REQUEST,
THROUGH THE DEFENSE CONTRACT AUDIT AGENCY (HEREINAFTER REFERRED TO AS
DCAA), TO PROVIDE THE GOVERNMENT OF ISRAEL (HEREINAFTER REFERRED TO AS
ISRAEL) WITH AUDITING SERVICES FOR CONTRACTS WHICH HAVE BEEN OR MAY BE
SOUGHT TO BE PLACED BY ISRAE IN THE UNITED STATES OF AMERICA.
A. AUDIT SERVICES TO BE PROVIDED
1. REQUESTS FOR AUDIT SERVICES WILL INCLUDE INFORMATION ON THE
NATURE AND SCOPE OF THE AUDIT SERVICES DESIRED. WHEREVER APPROPRIATE,
THE REQUESTS WILL BE ACCOMPANIED BY THE COMPLETE TEXT OF THE RELATED
CONTRACT OR PROPOSAL.
2. AUDIT SERVICES WILL INCLUDE, BUT NOT BE LIMITED TO, THE
FOLLOWING:
A. ANALYSIS OF PROPOSALS WHICH ARE TO BE NEGOTIATED ON THE BASIS OF
COST ESTIMATES.
B. AUDITS OF COST-REIMBURSEMENT AND FLEXIBLY PRICED CONTRACTS.
3.A. THE AUDIT SERVICES TO BE FURNISHED ISRAEL WILL BE ESSENTIALLY
THE SAME AS FURNISHED TO DEPARTMENT OF DEFENSE PURCHASING OFFICERS AND
WILL BE CARRIED OUT IN ACCORDANCE WITH THE PRINCIPLES AND PROCEDURES
PRESCRIBED IN UNITED STATES REGULATIONS FOR SUCH SERVICES.
B. ISRAEL WILL SEEK TO INCLUDE OR TO CAUSE TO BE INCLUDED IN EACH
RELEVANT CONTRACT, SUBCONTRACT INVITATION FOR BID OR REQUEST FOR
PROPOSAL WHERE APPLICABLE, PROVISIONS OF THE KIND CONTAINED IN ANNEX 1
TO THIS AGREEMENT FOR ENABLING DCAA TO PERFORM ITS AUDIT SERVICES.
C. ISRAEL WILL INFORM THE DCAA OF ANY PERTINENT AGREEMENT BETWEEN
ISRAEL AND A PRIME CONTRACTOR OR A SUBCONTRACTOR WHEREBY DESIGNATED
COSTS ARE TO BE TREATED DIFFERENTLY FROM THE PROVISIONS OF SECTION XV OF
THE ARMED SERVICES PROCUREMENT REGULATIONS.
4. THE DCAA WILL NOT BECOME INVOLVED IN ANY NEGOTIATIONS BETWEEN
ISRAEL AND A CONTRACTOR. THE DCAA'S RESPONSIBILITY HEREUNDER IS TO
ADVISE ISRAEL ON SUCH MATTERS AS THE REASONABLENESS OF COSTS, THE
REASONS THAT MAY EXIST FOR QUESTIONING A COST OR A COST ESTIMATE, AND
THE DCAA'S ANALYSIS OF PERTINENT DATA. AUDIT REPORTS SUBMITTED PURSUANT
TO THIS AGREEMENT ARE ADVISORY IN NATURE.
5. IN NO CASE WILL THE DCAA ASSUME RESPONSIBILITY FOR A CONTRACTOR'S
TECHNICAL COMPETENCE, FINANCIAL CAPABILITY, OR ANY OTHER ASPECT OF
CONTRACTOR PERFORMANCE.
6. THE CONTENTS OF REPORTS PREPARED IN THE PERFORMANCE OF AUDIT
SERVICES HEREUNDER WILL BE DIVULGED ONLY TO THOSE OFFICIALS OF THE
RESPECTIVE PARTIES HERETO WHO NEED TO KNOW THE CONTENTS IN ORDER TO
ACHIEVE THE OBJECTIVES OF THIS AGREEMENT. SPECIAL CARE WILL BE TAKEN BY
DCAA TO ENSURE THAT COMPETITORS WILL NOT OBTAIN KNOWLEDGE OF THE
CONTENTS OF SUCH REPORTS.
B. PAYMENT FOR AUDIT SERVICES
ISRAEL WILL MAKE PAYMENT TO DCAA FOR THE PROVISION OF AUDIT SERVICES
AT THE AGREED RATE CURRENT A THE TIME THE AUDIT SERVICES ARE PERFORMED.
BILLS WILL IDENTIFY THE SPECIFIC REQUEST BEING REVIEWED AND REFLECT THE
NUMBER OF AUDIT REVIEW MANHOURS EXPENDED. A BILL WILL BE RENDERED
QUARTERLY TO GOVERNMENT OF ISRAEL, MINISTRY OF DEFENSE, 850 THIRD
AVENUE, SUITE 607, NEW YORK, NEW YORK 10022.
C. EFFECTIVE DATE, AMENDMENTS AND TERMINATION
1. THIS AGREEMENT SHALL BECOME EFFECTIVE WHEN THE DIRECTOR OF THE
DEFENSE CONTRACT AUDIT AGENCY AND A DULY AUTHORIZED REPRESENTATIVE OF
ISRAEL HAVE AFFIXED THEIR SIGNATURES HERETO.
2. EITHER PARTY MAY SUGGEST AMENDMENTS TO THIS AGREEMENT AT ANY TIME
BY FORWARDING A PROPOSED TEXT TO THE OTHER. A PROPOSED AMENDMENT WILL
BE EFFECTIVE WHEN ACCEPTED. EITHER PARTY MAY REQUEST A JOINT CONFERENCE
IN CONSIDERATION OF ANY PROBLEMS THAT MAY HAVE ARISEN AND THE METHODS,
INCLUDING AMENDMENT, NEEDED TO SOLVE THEM.
3. THIS AGREEMENT MAY BE TERMINATED BY EITHER PARTY GIVING ONE
MONTH'S NOTICE IN WRITING OF INTENTION TO TERMINATE. TERMINATION OF THE
AGREEMENT WILL BE SUBJECT TO COMPLETION OF REQUESTED AUDITS IN PROGRESS
UNLESS OTHERWISE MUTUALLY AGREED.
(SIGNATURES OMITTED)
ANNEX 1
PROVISIONS ENABLING PERFORMANCE OF AUDIT SERVICES
I. AUDITING OF ANTICIPATED OR ACTUAL COSTS
WHEN AN ANALYSIS OF COST ESTIMATES IS TO BE REQUESTED IN CONNECTION
WITH THE EVALUATION OF A PROPOSAL FOR A NEGOTIATED CONTRACT OR WHEN AN
AUDIT OF COSTS IS TO BE REQUESTED FOR A COST-REIMBURSEMENT OR FLEXIBLY
PRICED TYPE CONTRACT, THE REQUEST FOR PROPOSALS OR CONTRACT SHALL
PROVIDE THAT THE ALLOWABILITY OF COSTS WILL BE DETERMINED IN ACCORDANCE
WITH SECTION XV OF THE ARME SERVICES PROCUREMENT REGULATIONS, EXCEPT FOR
COSTS THAT THE CONTRACT OR REQUEST FOR PROPOSALS EXPLICITLY TREATS
OTHERWISE.
II. SUBMISSION OF COST OR PRICING DATA
WHEN AN ANALYSIS OF COST ESTIMATES IS TO BE REQUESTED IN CONNECTION
WITH THE EVALUATION OF A PROPOSAL FOR A NEGOTIATED CONTRACT, THE REQUEST
FOR PROPOSAL SHALL REQUIRE THE CONTRACTOR TO SUBMIT FOR AUDIT AND
ANALYSIS ACCURATE COMPLETE AND CURRENT COSTS AND PRICING DATA INCLUDING
ANY BOOKS, RECORDS, DOCUMENTS OR OTHER HISTORICAL ACCOUNTING DATA AND
WHERE APPLICABLE ANY OTHER FACTS WHICH MIGHT REASONABLY BE EXPECTED TO
AFFECT PRICE NEGOTIATIONS SUCH AS VENDOR QUOTATIONS, NON-RECURRING
COSTS, CHANGES IN PRODUCTION METHODS AND PRODUCTION OR PROCUREMENT
VOLUME, UNIT COST TRENDS SUCH AS THOSE ASSOCIATED WITH LABOR EFFICIENCY,
AND MAKE-OR-BUY DECISIONS OR ANY OTHER MANAGEMENT DECISIONS WHICH COULD
REASONABLY BE EXPECTED TO HAVE A SIGNIFICANT BEARING ON COSTS UNDER THE
PROPOSED CONTRACT.
III. MAINTENANCE OF COST RECORDS
WHEN AN AUDIT IS TO BE REQUESTED FOR A COST-REIMBURSEMENT OR FLEXIBLY
PRICED TYPE CONTRACT, THE CONTRACT SHALL REQUIRE THE CONTRACTOR TO
MAINTAIN BOOKS, RECORDS, DOCUMENTS AND OTHER EVIDENCE PERTAINING TO THE
COSTS AND EXPENSES OF THE CONTRACT AND ACCOUNTING PROCEDURES AND
PRACTICES ADEQUATE TO REFLECT PROPERLY ALL DIRECT AND INDIRECT COSTS, OF
WHATEVER NATURE, FOR WHICH REIMBURSEMENT IS CLAIMED UNDER THE PROVISIONS
OF THE CONTRACT.
IV. EXAMINATION OF RECORDS
A. WHEN AN AUDIT IS TO BE REQUESTED FOR A COST-REIMBURSEMENT OR
FLEXIBLY PRICED TYPE CONTRACT, THE CONTRACT SHALL REQUIRE THE CONTRACTOR
TO MAKE ALL THE RECORDS REFERRED TO IN III. ABOVE AVAILABLE FOR
INSPECTION AND AUDIT BY REPRESENTATIVES OF THE DEFENSE CONTRACT AUDIT
AGENCY, UPON THEIR REQUEST, UNTIL FINAL PAYMENT IS MADE UNDER THE
CONTRACT OR SUCH LATER TIME AS THE CONTRACT MA SPECIFY.
B. ANY OTHER CONTRACT, IN CONNECTION WITH WHICH AN AUDIT SERVICE IS
TO BE REQUESTED AFTER THE DATE OF EXECUTION, SHALL REQUIRE THE
CONTRACTOR TO GIVE AUTHORIZED REPRESENTATIVES OF THE DEFENSE CONTRACT
AUDIT AGENCY ACCESS TO AND THE RIGHT TO EXAMINE ANY BOOKS, DOCUMENTS,
PAPERS AND RECORDS O THE CONTRACTOR, INVOLVING TRANSACTIONS RELATED TO
THE CONTRACT.
ISRAEL 13 SEP 1974 FLITE DOCUMENT NO. 7502434
AGREEMENT
SUPPLEMENT TO CREDIT AGREEMENT OF JUNE 13, 1974
SUPPLEMENT TO THE CREDIT AGREEMENT OF JUNE 13, 1974 BETWEEN THE
GOVERNMENT OF THE UNITED STATES O AMERICA AND THE GOVERNMENT OF ISRAEL
1. NOTWITHSTANDING THE PROVISIONS OF PARAGRAPHS 2 AND 3 OF THE
CREDIT AGREEMENT OF JUNE 13, 1974 BETWEEN THE GOVERNMENT OF THE UNITED
STATES OF AMERICA (THEREIN AND HEREINAFTER SOMETIMES REFERRED TO AS THE
"LENDER") AND THE GOVERNMENT OF ISRAEL (THEREIN AND HEREINAFTER
SOMETIMES REFERRED TO AS THE "BORROWER"), THE GOVERNMENT OF ISRAEL MAY
UNTIL AND INCLUDING JUNE 30, 1975, AT ITS ELECTION, AVAIL ITSELF OF NOT
TO EXCEED $100,000,000 OF THE COMMITMENT UNDER THE CREDIT AGREEMENT IN
ACCORDANCE WITH THE SPECIAL PROCEDURE OF THIS SUPPLEMENT (THE SAID
$100,000,000 BEING HEREINAFTER SOMETIMES REFERRED TO AS THE "SPECIAL
COMMITMENT"). EXCEPT AS SPECIFICALLY PROVIDED FOR TO THE CONTRARY IN
THIS SUPPLEMENT NOTHING IN THIS SUPPLEMENT SHALL BE DEEMED TO MODIFY IN
ANY WAY THE TERMS AND CONDITIONS OF THE CREDIT AGREEMENT.
2. THE AFORESAID SPECIAL COMMITMENT SHALL BE AVAILABLE ONLY TO
FINANCE THE PURCHASE OF DEFENSE ITEMS BY THE BORROWER FROM UNITED STATES
COMMERCIAL SUPPLIERS.
3.(A) EACH BORROWING HEREUNDER SHALL BE MADE IN ACCORDANCE WITH THE
FOLLOWING PROCEDURE:
(1) BORROWER SHALL ARRANGE FOR A BANK OF ITS CHOICE, DOING BUSINESS
IN THE UNITED STATES (HEREINAFTER CALLED THE "BANK"), TO ESTABLISH FOR
THE ACCOUNT OF THE BORROWER A REVOLVING LINE OF CREDIT AGAINST WHICH
ADVANCES MAY BE MADE TO THE BORROWER BY THE BANK IN ANY SUMS UP TO BUT
NOT EXCEEDING THE AGGREGATE PRINCIPAL AMOUNT OF $100,000,000 TO
PREFINANCE PAYMENTS BY THE BORROWER TO UNITED STATES COMMERCIAL
SUPPLIERS UNDER THE PURCHASE ARRANGEMENTS.
(2) PAYMENTS MADE BY THE BORROWER UNDER THE PURCHASE ARRANGEMENTS
WITH THE FUNDS SO ADVANCED BY THE BANK SHALL BE MADE AGAINST DOCUMENTS
CUSTOMARILY UTILIZED BY THE BORROWER IN PURCHASING DEFENSE ITEMS IN THE
UNITED STATES, SUCH AS COMMERCIAL INVOICES, BILLS OF LADING, OR PACKING
LISTS.
(3) EACH BORROWING HEREUNDER FROM THE LENDER SHALL BE MADE ON SUCH
DATE (HEREINAFTER REFERRED TO AS A "DISBURSEMENT DATE"), BUT NOT LATER
THAN JUNE 30, 1975, AS MAY BE DESIGNATED BY THE BORROWER FROM TIME TO
TIME UPON TEN (10) DAYS' WRITTEN NOTICE BY THE BORROWER TO THE LENDER.
EXCEPT FOR THE LAST BORROWING, EACH NOTICE REQUESTING DISBURSEMENTS
SHALL BE MADE NOT MORE FREQUENTLY THAN ONCE EVERY THIRTY (30) DAYS.
(4) EACH NOTICE SHALL BE PREPARED IN QUADRUPLICATE ON U.S. STANDARD
FORM 1034 AND SHALL BE SENT TO:
COMPTROLLER, DEFENSE SECURITY ASSISTANCE AGENCY
THE PENTAGON
WASHINGTON, D.C. 20301
(5) EACH NOTICE SHALL SPECIFY THE AMOUNT OF THE LOAN TO BE MADE BY
THE LENDER ON THE DISBURSEMEN DATE, AND SHALL SPECIFY THE ACCOUNT OF THE
BORROWER AT THE BANK TO WHICH THE DISBURSEMENT IS TO BE REMITTED BY THE
LENDER.
(6) EACH NOTICE SHALL HAVE ANNEXED THERETO (I) ONE COPY OF EACH
INVOICE AGAINST WHICH PAYMENTS WERE MADE BY THE BORROWER UNDER THE
PURCHASE ARRANGEMENTS IN THE AGGREGATE AMOUNT OF THE LOAN SPECIFIED TO
BE MADE ON THE DISBURSEMENT DATE, AND (II) A CERTIFICATE OF THE BORROWER
CERTIFYING THAT (A) DISBURSEMENT HEREUNDER AGAINST SAID PAYMENTS BY THE
BORROWER HAS NOT PREVIOUSLY BEEN MADE AND (B) THE CUMULATIVE TOTAL OF
THE LOAN TO BE MADE ON THE DISBURSEMENT DATE AND OF LOAN PREVIOUSLY MADE
HEREUNDER DOES NOT EXCEED THE AGGREGATE SPECIAL COMMITMENT OF
$100,000,000.
(7) WITH EACH NOTICE THE BORROWER SHALL CONCURRENTLY TRANSMIT TO THE
LENDER AT THE ADDRESS SET FORTH IN SUBPARAGRAPH (A)(4) ABOVE OF THIS
PARAGRAPH A PROMISSORY NOTE SUBSTANTIALLY IN THE FORM OF EXHIBIT B OF
THE AFORESAID CREDIT AGREEMENT (WITH THE BLANKS APPROPRIATELY FILLED IN)
RECITING THE OBLIGATION OF THE BORROWER TO REPAY THE AMOUNT OF SUCH LOAN
WITH INTEREST THEREON AS SET FORTH IN THE AFORESAID CREDIT AGREEMENT.
(8) THE BORROWER SHALL MAKE INDEPENDENT ARRANGEMENTS WITH THE BANK
FOR SUCH COMMISSIONS OR FEES AS THE BANK MAY CHARGE FOR THE OPENING OF
THE LINE OF CREDIT, HANDLING DOCUMENTS, FOR OUT-OF-POCKET COSTS AND
EXPENSES INCURRED BY THE BANK IN CONNECTION THEREWITH, AND FOR INTEREST
ON THE BANK'S ADVANCES TO THE BORROWER UNTIL REIMBURSED BY THE LENDER.
THE LENDER'S ABOVE STATED UNDERTAKING DOE NOT COVER SUCH COMMISSIONS,
FEES, OUT-OF-POCKET COSTS, EXPENSES AND INTEREST.
(9) THE LENDER SHALL PROMPTLY NOTIFY THE (TEXT MISSING)
(B) UPON REQUEST OF THE BORROWER OR THE BANK, THE LENDER SHALL ISSUE
TO THE BANK A LETTER OF AGREEMENT, IN THE FORM AND SUBSTANCE OF ANNEX A
HEREOF, UNDERTAKING TO REMIT DISBURSEMENTS HEREUNDE TO THE SPECIFIED
ACCOUNT OF THE BORROWER AT THE BANK IN ACCORDANCE WITH THE PROCEDURES
PRESCRIBED I SAID LETTER OF AGREEMENT, PROVIDED SUCH DISBURSEMENTS ARE
REQUESTED TO BE MADE ON A DISBURSEMENT DATE ON OR BEFORE JUNE 30, 1975,
AND SUBJECT TO PARAGRAPH 9 OF THE AFORESAID CREDIT AGREEMENT.
(C) IN THE EVENT THAT, BECAUSE OF NON-COMPLIANCE BY THE BORROWER WITH
THE PROCEDURES PRESCRIBED IN SUBPARAGRAPH (A) OF THIS PARAGRAPH,
REIMBURSEMENT IS MADE BY THE LENDER TO THE BANK FOLLOWING RECEIPT OF
NOTICE FROM THE BANK IN ACCORDANCE WITH THE UNNUMBERED SUBPARAGRAPHS OF
PARAGRAPH 3 OF THE LETTER OF AGREEMENT:
(1) THE BORROWER SHALL, UPON WRITTEN NOTICE FROM THE LENDER THAT SUCH
REIMBURSEMENT HAS BEEN MADE, PROMPTLY TRANSMIT TO THE LENDER AT THE
ADDRESS SET FORTH IN SUBPARAGRAPH (A)(4) OF THIS PARAGRAPH ONE COPY OF
EACH INVOICE EVIDENCING THE ADVANCES FOR WHICH SUCH REIMBURSEMENT WAS
MADE BY THE LENDER TO THE BANK.
(2) THE BORROWER AGREES THAT ANY NOTE OF THE BORROWER WHICH IS
ASSIGNED IN WHOLE OR IN PART BY THE BANK TO THE LENDER AS A CONSEQUENCE
OF SUCH REIMBURSEMENT SHALL, TO THE EXTENT OF SUCH ASSIGNMENT, BE DEEMED
TO BE A NOTE DELIVERED UNDER THE AFORESAID CREDIT AGREEMENT, EXCEPT THAT
PRINCIPAL AND INTEREST SHALL BE PAYABLE ON SAID NOTE IN ACCORDANCE WITH
THE TERMS THEREOF.
IN WITNESS WHEREOF, THE PARTIES HERETO HAVE DULY EXECUTED THIS
SUPPLEMENT THIS 13TH DAY OF SEPTEMBER, 1974.
GOVERNMENT OF ISRAEL
BY SIGNED
J. CIECHANOVER
DIRECTOR, MINISTRY OF DEFENSE MISSION IN THE UNITED STATES
SIGNED
JOSEPH DOR
TREASURER, MINISTRY OF DEFENSE MISSION IN THE UNITED STATES
GOVERNMENT OF THE UNITED STATES OF AMERICA
BY SIGNED
GENERAL HOWARD M. FISH
DIRECTOR
DEFENSE SECURITY ASSISTANCE
AGENCY, OSD
ANNEX A
DEFENSE SECURITY ASSISTANCE AGENCY
WASHINGTON, D.C. 20301
BANK LEUMI TRUST COMPANY OF NEW YORK
579 FIFTH AVENUE
NEW YORK, NEW YORK 10017
RE: YOUR LOAN AND SERVICE AGREEMENT OF SEPTEMBER 13, 1974 WITH THE
GOVERNMENT OF ISRAEL
GENTLEMEN:
1. WE ARE INFORMED THAT YOU HAVE ENTERED INTO A LOAN AND SERVICE
AGREEMENT WITH THE GOVERNMENT O ISRAEL UNDER WHICH LOANS WILL BE MADE BY
YOU FROM TIME TO TIME, BUT NOT LATER THAN MAY 20, 1975, TO THE
GOVERNMENT OF ISRAEL IN AN AGGREGATE PRINCIPAL AMOUNT UP TO BUT NOT
EXCEEDING $100,000,000 TO PREFINANCE PAYMENTS BY THE GOVERNMENT OF
ISRAEL FOR THE PURCHASE OF DEFENSE ARTICLES AND DEFENSE SERVICES FROM
UNITED STATES COMMERCIAL SOURCES.
2. IN CONSIDERATION OF YOUR HAVING ENTERED INTO SAID LOAN AND
SERVICE AGREEMENT WITH THE GOVERNMENT OF ISRAEL AND OF YOUR MAKING LOANS
TO THE GOVERNMENT OF ISRAEL THEREUNDER, THE DEPARTMEN OF DEFENSE HEREBY
UNCONDITIONALLY UNDERTAKES TO REIMBURSE YOU FOR THE ENTIRE PRINCIPAL
AMOUNT OF AN AND ALL SUCH LOANS MADE BY YOU FROM TIME TO TIME TO AND
INCLUDING MAY 20, 1975 UP TO BUT NOT EXCEEDING REIMBURSEMENTS IN THE
AGGREGATE AMOUNT OF $100,000,000, SUCH REIMBURSEMENTS TO BE MADE IN
ACCORDANCE WITH THE PROCEDURES SET FORTH IN PARAGRAPH 3 BELOW OF THIS
LETTER OF AGREEMENT, PROVIDED THAT REIMBURSEMENT SHALL NOT BE MADE FOR
ANY LOANS MADE BY YOU AFTER RECEIPT BY YOU OF NOTICE FROM THE DIRECTOR
OR DEPUTY DIRECTOR, DEFENSE SECURITY ASSISTANCE AGENCY, OR THEIR
SUCCESSORS IN OFFICE, THAT THE GOVERNMENT OF THE UNITED STATES HAS
TERMINATED FOR CAUSE, IN ACCORDANCE WITH THE CREDIT AGREEMENT OF JUNE
13, 1974, BETWEEN THE GOVERNMENT OF THE UNITED STATES AND THE GOVERNMENT
OF ISRAEL, ITS LOAN COMMITMENT TO THE GOVERNMENT OF ISRAEL. ANY
DISBURSEMENT BY YOU SHALL BE CONSIDERED FOR PURPOSES OF THIS UNDERTAKING
TO BE A LOAN MADE BY YOU UNDER YOUR SAID LOAN AND SERVICE AGREEMENT IF
SUCH DISBURSEMENT IS MADE IN ACCORDANCE WITH THE PROCEDURES SPECIFIED IN
THAT LOAN AND SERVICE AGREEMENT AND YOU ARE IN RECEIPT OF DOCUMENTS THAT
ON THEIR FACE CONFORM TO THE REQUIREMENTS OF THAT LOAN AND SERVICE
AGREEMENT.
3. WITH RESPECT TO EACH REIMBURSEMENT HEREUNDER, THE GOVERNMENT OF
ISRAEL HAS AGREED, IN A SUPPLEMENT OF SEPTEMBER 13, 1974, TO THE
AFORESAID CREDIT AGREEMENT, THAT:
(A) PAYMENTS MADE BY THE GOVERNMENT OF ISRAEL TO UNITED STATES
COMMERCIAL SUPPLIERS WITH THE FUNDS SO ADVANCED BY YOU SHALL BE MADE
AGAINST DOCUMENTS CUSTOMARILY UTILIZED BY THE GOVERNMENT OF ISRAEL IN
PURCHASING DEFENSE ITEMS IN THE UNITED STATES, SUCH AS COMMERCIAL
INVOICES, BILLS OF LADING, OR PACKING LISTS.
(B) EACH REIMBURSEMENT TO YOU FOR YOUR ADVANCES SHALL BE MADE ON SUCH
DATE (HEREINAFTER REFERRED TO AS A "DISBURSEMENT DATE") AS MAY BE
DESIGNATED BY THE GOVERNMENT OF ISRAEL FROM TIME TO TIME BUT NOT LATER
THAN JUNE 30, 1975 UPON TEN (10) DAYS' WRITTEN NOTICE BY THE GOVERNMENT
OF ISRAEL TO THE DEPARTMENT OF DEFENSE ("DOD"). EXCEPT FOR THE LAST
REIMBURSEMENT, EACH NOTICE TO THE DOD REQUESTIN DISBURSEMENTS SHALL BE
MADE NOT MORE FREQUENTLY THAN ONCE EVERY THIRTY (30) DAYS.
(C) EACH NOTICE BY THE GOVERNMENT OF ISRAEL SHALL BE PREPARED IN
QUADRUPLICATE ON U.S. STANDARD FORM 1034 AND SHALL BE SENT TO:
COMPTROLLER, DEFENSE SECURITY ASSISTANCE AGENCY
THE PENTAGON
WASHINGTON, D.C. 20301
(D) EACH NOTICE SHALL SPECIFY THE AMOUNT OF THE DISBURSEMENT TO BE
MADE BY THE DOD ON THE DISBURSEMENT DATE, AND SHALL SPECIFY THE ACCOUNT
OF THE GOVERNMENT OF ISRAEL AT YOUR BANK TO WHICH THE DISBURSEMENT IS TO
BE REMITTED BY THE DOD.
(E) EACH NOTICE SHALL HAVE ANNEXED THERETO (I) ONE COPY OF EACH
INVOICE AGAINST WHICH PAYMENTS WERE MADE BY THE GOVERNMENT OF ISRAEL TO
ITS SUPPLIERS TOTALLING NOT LESS THAN THE AGGREGATE AMOUNT OF THE
DISBURSEMENT SPECIFIED TO BE MADE BY THE DOD ON THE DISBURSEMENT DATE,
AND (II) A CERTIFICAT OF THE GOVERNMENT OF ISRAEL CERTIFYING THAT (A)
DISBURSEMENT BY THE DOD AGAINST SAID PAYMENTS BY TH GOVERNMENT OF ISRAEL
HAS NOT PREVIOUSLY BEEN MADE AND (B) THE CUMULATIVE TOTAL OF THE
DISBURSEMENT TO BE MADE ON THE DISBURSEMENT DATE AND OF DISBURSEMENTS
PREVIOUSLY MADE BY DOD UNDER THE SUPPLEMEN OF SEPTEMBER 13, 1974 TO THE
AFORESAID CREDIT AGREEMENT OF JUNE 13, 1974, BETWEEN THE GOVERNMENT OF
THE UNITED STATES AND THE GOVERNMENT OF ISRAEL DOES NOT EXCEED THE
UNITED STATES GOVERNMENT'S AGGREGATE SPECIAL COMMITMENT THEREUNDER OF
$100,000,000.
(F) WITH EACH NOTICE THE GOVERNMENT OF ISRAEL SHALL CONCURRENTLY
TRANSMIT TO THE DOD AT THE ADDRESS SET FORTH IN SUBPARAGRAPH (C) ABOVE
OF THIS PARAGRAPH A PROMISSORY NOTE SUBSTANTIALLY IN TH FORM OF ANNEX B
TO THE AFORESAID CREDIT AGREEMENT OF JUNE 13, 1974 EVIDENCING THE
OBLIGATION OF THE GOVERNMENT OF ISRAEL TO REPAY THE AMOUNT OF SUCH
DISBURSEMENT WITH INTEREST THEREON AS SET FORTH IN THE AFORESAID CREDIT
AGREEMENT OF JUNE 13, 1974.
HOWEVER, YOUR RIGHT TO RECEIVE REIMBURSEMENT FROM THE DOD PURSUANT TO
THIS UNDERTAKING SHALL NOT BE CONDITIONED ON COMPLIANCE BY THE
GOVERNMENT OF ISRAEL WITH THE FOREGOING REQUIREMENTS. SUCH RIGHT TO
REIMBURSEMENT SHALL BE UNCONDITIONAL WITH RESPECT TO THE ENTIRE
PRINCIPAL AMOUNT OF ANY AN ALL LOANS MADE BY YOU IN CONFORMITY WITH
PARAGRAPH 2 HEREOF AND WITH THE PROCEDURES SPECIFIED IN YOUR SAID LOAN
AND SERVICE AGREEMENT.
IN THE EVENT THERE IS ANY AMOUNT DUE AND PAYABLE TO YOU AS PRINCIPAL
OF ANY LOAN MADE BY YOU TO THE GOVERNMENT OF ISRAEL UNDER YOUR SAID LOAN
AND SERVICE AGREEMENT AND SUCH AMOUNT SHALL NOT HAVE BEEN REIMBURSED TO
YOU WITHIN FIVE (5) DAYS FOLLOWING THE DATE ON WHICH SUCH AMOUNT WAS DUE
AND PAYABLE, THEN REIMBURSEMENT IN THE SUM OF SUCH PRINCIPAL AMOUNT
SHALL BE MADE TO YOU BY THE DOD NO LATER THAN TEN (10) DAYS AFTER
RECEIPT BY DOD OF WRITTEN NOTICE FROM YOU AT THE ADDRESS SET FORTH I
SUBPARAGRAPH (C) OF THIS PARAGRAPH 3 OF THE SUM DUE TO YOU UNDER THIS
LETTER OF AGREEMENT. SUCH NOTICE SHALL HAVE ANNEXED THERETO (I) COPIES
OF THE CHECKS OR OTHER DOCUMENTS EVIDENCING THE DISBURSEMENTS MADE BY
YOU TO THE GOVERNMENT OF ISRAEL FOR WHICH REIMBURSEMENT IN THE SUM
THEREOF IS REQUESTED; (II) A COPY OF THE CERTIFICATION FURNISHED TO YOU
BY THE GOVERNMENT OF ISRAEL THAT THE PROCEEDS OF ALL LOANS UNDER YOUR
SAID LOAN AND SERVICE AGREEMENT ARE TO BE USED SOLELY FOR THE
PROCUREMENT OF "DEFENSE ITEMS" WITHIN THE MEANING OF OUR SAID CREDIT
AGREEMENT WITH THE GOVERNMENT OF ISRAEL; (III) A CERTIFICATION BY YOU
THAT (A) REIMBURSEMENT OF THE SUM REQUESTED HAS NOT PREVIOUSLY BEEN MADE
BY DOD OR THE GOVERNMENT OF ISRAEL, AND (B) THE CUMULATIVE TOTAL OF THE
REIMBURSEMENT REQUESTED AND OF REIMBURSEMENTS PREVIOUSLY MADE BY DOD TO
YOU UNDER THE AFORESAID SUPPLEMENT TO OUR SAID CREDIT AGREEMENT WITH THE
GOVERNMENT OF ISRAEL DOES NOT EXCEED $100,000,000; AND (IV) AN
ASSIGNMENT TO THE DOD, TO THE EXTENT OF THE REIMBURSEMENT SUM REQUESTED
IN SUCH NOTICE, OF YOUR RIGHTS UNDER A PROMISSORY NOTE EVIDENCING THE
OBLIGATION OF THE GOVERNMENT OF ISRAEL TO REPAY TO YOU AN AMOUNT EQUAL
TO OR MORE THAN THE AMOUNT OF SUCH REIMBURSEMENT, WHICH ASSIGNMENT SHALL
ALSO INCLUDE YOUR RIGHTS TO SUCH AMOUNTS OF INTEREST AS MAY ACCRUE UNDER
SAID PROMISSORY NOTE AGAINST THE AMOUNT ASSIGNED SUBSEQUENT TO THE DATE
OF SUCH REIMBURSEMENT.
4. YOU SHOULD MAKE INDEPENDENT ARRANGEMENTS FOR THE PAYMENT TO YOU
OF SUCH COMMISSIONS OR FEES A YOU MAY CHARGE FOR ENTERING INTO THE
HEREINABOVE REFERRED TO LOAN AND SERVICE AGREEMENT, FOR HANDLING
DOCUMENTS, AND FOR OUT-OF-POCKET COSTS AND EXPENSES INCURRED BY YOU IN
CONNECTION THEREWITH, AND INTEREST ON YOUR LOANS UNTIL REIMBURSED. OUR
HEREINABOVE STATED UNDERTAKING DOES NO COVER SUCH COMMISSIONS, FEES,
OUT-OF-POCKET COSTS, EXPENSES AND INTEREST.
5. OUR HEREINABOVE STATED UNDERTAKING SHALL INURE TO THE BENEFIT OF
AND SHALL BE ENFORCEABLE BY YOU, YOUR SUCCESSORS BY OPERATION OF LAW,
YOUR ENDORSERS, ASSIGNEES OR TRANSFEREES (HEREINAFTER SOMETIMES CALLED
THE "BENEFICIARIES") AND ALL PROVISIONS OF SAID UNDERTAKING SHALL BE
SEVERALLY APPLICABLE TO ANY BENEFICIARY ACTING IN ITS OWN RIGHT. THE
GOVERNMENT OF THE UNITED STATES OF AMERICA HEREBY WAIVES DILIGENCE,
DEMAND, PROTEST, PRESENTMENT, AND ANY REQUIREMENT THAT ANY BENEFICIARY
OF THE SAID UNDERTAKING EXHAUST ANY RIGHT OR POWER TO TAKE ANY ACTION
AGAINST THE GOVERNMENT OF ISRAEL OR ANY NOTICE OF ANY KIND WHATSOEVER
OTHER THAN THE PROCEDURES SPECIFIED IN PARAGRAPH 3 OF THIS LETTER OF
AGREEMENT. THE GOVERNMENT OF THE UNITED STATES OF AMERICA FURTHER
AGREES THAT ANY CLAIM WHICH IT MAY NOW OR HEREAFTER HAVE AGAINST ANY
BENEFICIARY FOR ANY REASON WHATSOEVER SHALL NOT AFFECT IN ANY WAY THE
RIGHT OF ANY OTHER BENEFICIARY TO RECEIVE FULL AND PROMP PAYMENT OF ANY
AMOUNT OTHERWISE DUE UNDER THIS LETTER OF AGREEMENT. ANY NOTICE,
DEMAND, REQUEST OR THE LIKE ON BEHALF OF ANY BENEFICIARY WILL BE
EFFECTIVE FOR THE PURPOSES HEREOF IF SIGNED BY AN AUTHORIZED OFFICIAL OF
ANY SUCH BENEFICIARY AND DELIVERED TO THE ADDRESS SPECIFIED IN
SUBPARAGRAPH (C) OF PARAGRAPH 3 ABOVE.
6. THE DEPARTMENT OF DEFENSE REPRESENTS AND WARRANTS THAT: (A) IT
HAS FULL POWER, AUTHORITY AND LEGAL RIGHT TO EXECUTE, DELIVER AND
PERFORM THIS UNDERTAKING, (B) THIS UNDERTAKING HAS BEEN EXECUTE IN
ACCORDANCE WITH AND PURSUANT TO THE TERMS AND PROVISIONS OF THE UNITED
STATES EMERGENCY ASSISTANCE ACT OF 1973 (THE "ACT"), AND ALL OTHER
APPLICABLE LAWS AND REGULATIONS AND DOD HAS NOT, IN ISSUING THIS
UNDERTAKING, EXCEEDED THE MAXIMUM AMOUNT OF OBLIGATIONS AUTHORIZED TO BE
ISSUED UNDER THE ACT AND ALL OTHER APPLICABLE LAWS AND REGULATIONS, (C)
THIS UNDERTAKING HAS BEEN DULY EXECUTED AND DELIVERED BY A DULY
AUTHORIZED REPRESENTATIVE OF DOD, AND (D) THIS UNDERTAKING CONSTITUTES
THE VALID AND LEGALLY BINDING OBLIGATION OF THE UNITED STATES,
ENFORCEABLE IN ACCORDANC WITH ITS TERMS.
7. AS AN INDICATION OF YOUR AGREEMENT TO THE CONTENTS OF THIS
LETTER, PLEASE SIGN AND RETURN TO US THE DUPLICATE COPY THEREOF ATTACHED
HERETO.
VERY TRULY YOURS,
GOVERNMENT OF THE UNITED STATES OF AMERICA
ACTING THROUGH THE
DEPARTMENT OF DEFENSE
SIGNED BY
DIRECTOR
DEFENSE SECURITY ASSISTANCE
AGENCY, OSD
AGREED TO:
BANK LEUMI TRUST
COMPANY OF NEW YORK
BY SIGNED
ISRAEL 13 JUN 1974 FLITE DOCUMENT NO. 7502433
CREDIT AGREEMENT
PURCHASE ARRANGEMENTS BETWEEN THE GOVERNMENT OF ISRAEL AND THE UNITED
STATES OF AMERICA FOR THE PURCHASE OF DEFENSE ARTICLES AND SERVICES
CREDIT AGREEMENT, MADE AND ENTERED INTO THE 13TH DAY OF JUNE, 1974,
BETWEEN THE GOVERNMENT OF ISRAEL, REPRESENTED BY ITS MINISTRY OF
DEFENSE, AND THE GOVERNMENT OF THE UNITED STATES OF AMERICA, REPRESENTED
BY THE DEPARTMENT OF DEFENSE OF THE UNITED STATES OF AMERICA.
WITNESSETH
WHEREAS, THE GOVERNMENT OF ISRAEL (HEREINAFTER SOMETIMES REFERRED TO
AS THE "BORROWER") DESIRES T ENTER OR HAS ENTERED, INTO PURCHASE
CONTRACTS (HEREINAFTER REFERRED TO AS "PURCHASE ARRANGEMENTS") WITH THE
MILITARY DEPARTMENTS AND AGENCIES OF THE UNITED STATES DEPARTMENT OF
DEFENSE (HEREINAFTER REFERRED TO AS "DOD") AND/OR VARIOUS UNITED STATES
COMMERCIAL SUPPLIERS FOR THE PURCHASE OF DEFENSE ARTICLES AND DEFENSE
SERVICES OF UNITED STATES ORIGIN (HEREINAFTER COLLECTIVELY REFERRED TO
AS "DEFENSE ITEMS"); AND
WHEREAS, THE BORROWER HAS REQUESTED THE GOVERNMENT OF THE UNITED
STATES OF AMERICA (HEREINAFTER SOMETIMES REFERRED TO AS THE "LENDER") TO
FINANCE PAYMENTS REQUIRED TO BE MADE BY THE BORROWER UNDE THE PURCHASE
ARRANGEMENTS; AND
WHEREAS, THE AFORESAID REQUESTED CREDIT WILL FACILITATE THE PURPOSES
OF THE UNITED STATES EMERGENCY SECURITY ASSISTANCE ACT OF 1973;
NOW THEREFORE, IN CONSIDERATION OF THE PREMISE AND THE MUTUAL
COVENANTS HEREINAFTER SET FORTH, AN IN IMPLEMENTATION OF, AND SUBJECT TO
THE PROVISIONS OF THE MUTUAL DEFENSE ASSISTANCE AGREEMENT BETWEEN THE
GOVERNMENT OF ISRAEL AND THE GOVERNMENT OF THE UNITED STATES OF AMERICA,
DATED JULY 23, 1952, THE PARTIES HERETO AGREE AS FOLLOWS:
1. SUBJECT TO THE TERMS AND CONDITIONS HEREOF, THE LENDER AGREES TO
MAKE LOANS TO THE BORROWER FROM TIME TO TIME IN AN AGGREGATE PRINCIPAL
AMOUNT UP TO BUT NOT EXCEEDING $682,663,800 (HEREINAFTE CALLED THE
"COMMITMENT").
2. THE AFORESAID COMMITMENT SHALL BE AVAILABLE ONLY TO FINANCE THE
PURCHASE OF DEFENSE ITEMS BY THE BORROWER PURSUANT TO PURCHASE
ARRANGEMENTS AUTHORIZED FOR SUCH FINANCING BY DOD WHICH ARE ENTERED INTO
BY THE BORROWER ON OR BEFORE JUNE 30, 1975. EACH AUTHORIZATION FOR THE
BORROWER TO ENTER INTO A PURCHASE ARRANGEMENT IN IMPLEMENTATION OF THIS
CREDIT AGREEMENT SHALL BE SEPARATELY COMMUNICATED BY DOD IN WRITING TO
THE BORROWER, WHICH AUTHORIZATION SHALL SPECIFY THE DEFENSE ITEMS AND
THE AMOUNT OF CREDIT AUTHORIZED FOR THE PURCHASE ARRANGEMENT. THE
BORROWER SHALL INCORPORATE INTO EACH SUCH PURCHASE ARRANGEMENT WITH
COMMERCIAL SUPPLIERS THE PROVISIONS OF ANNEX A HERETO AND ATTACH AS AN
EXHIBIT TO THE PURCHASE ARRANGEMENT A TRUE COPY OF THE APPLICABLE
AFORESAID AUTHORIZATION AND OF PARAGRAPH 9 OF THIS CREDIT AGREEMENT.
3. EACH LOAN HEREUNDER BY THE LENDER SHALL BE MADE IN ACCORDANCE
WITH THE FOLLOWING PROCEDURES:
(A) EACH LOAN SHALL BE MADE ON SUCH DATE (HEREINAFTER REFERRED TO AS
A "DISBURSEMENT DATE") AS MAY BE DESIGNATED BY THE BORROWER FROM TIME TO
TIME UPON TEN (10) DAYS WRITTEN NOTICE BY THE BORROWER TO THE LENDER.
(B) EACH NOTICE SHALL SPECIFY THE AMOUNT OF THE LOAN TO BE MADE BY
THE LENDER ON THE DISBURSEMEN DATE, AND SHALL SPECIFY THE SUPPLIER OR
SUPPLIERS (INCLUDING THE MILITARY DEPARTMENTS OR AGENCIES O DOD) TO WHOM
THE DISBURSEMENT IS TO BE REMITTED BY THE LENDER.
(C) EACH NOTICE SHALL BE PREPARED IN QUADRUPLICATE ON U.S. STANDARD
FORM 1034 AND SHALL BE SENT TO THE COMPTROLLER, DEFENSE SECURITY
ASSISTANCE AGENCY, THE PENTAGON, WASHINGTON, D.C. 20301.
(D) IN THE CASE OF DISBURSEMENTS REQUESTED TO BE MADE TO COMMERCIAL
SUPPLIERS, THE INVOICES SHAL BE PREPARED IN ACCORDANCE WITH THE
PROCEDURE SET FORTH IN ANNEX A HERETO.
(E) IN THE CASE OF DISBURSEMENTS REQUESTED TO BE MADE TO THE MILITARY
DEPARTMENTS AND AGENCIES O DOD, THE NOTICES SHALL HAVE ANNEXED THERETO
COPIES OF THE PAYMENT REQUEST RECEIVED BY THE BORROWER FROM SUCH
MILITARY DEPARTMENT OR AGENCY AGAINST WHICH DISBURSEMENT IS REQUESTED.
(F) WITH EACH NOTICE, THE BORROWER SHALL CONCURRENTLY TRANSMIT TO THE
LENDER AT THE ADDRESS SET FORTH IN SUBPARAGRAPH (C) ABOVE OF THIS
PARAGRAPH A PROMISSORY NOTE SUBSTANTIALLY IN THE FORM OF ANNEX B HERETO
(WITH THE BLANKS APPROPRIATELY FILLED IN) RECITING THE OBLIGATION OF THE
BORROWER TO REPAY THE AMOUNT OF SUCH LOAN WITH INTEREST THEREON AS
HEREINAFTER SET FORTH. (THE PROMISSORY NOTE HEREINABOVE REFERRED TO ARE
HEREINAFTER CALLED THE "NOTES" AND INDIVIDUALLY A "NOTE").
4.(A) ALL OCEAN TRANSPORTATION OF THE DEFENSE ARTICLES SHALL BE ON
VESSELS OF UNITED STATES REGISTRY. THE GOVERNMENT OF THE UNITED STATES
WILL GIVE SYMPATHETIC CONSIDERATION ON A CASE-BY-CAS BASIS TO REQUESTS
BY THE BORROWER JUSTIFYING SHIPMENT ON VESSELS OF THE REGISTRY OF THE
BORROWER. CONSIDERATION WILL BE GIVEN TO SECURITY REQUIREMENTS OF THE
BORROWER TO ASSURE SAFE ARRIVAL.
(B) THE BORROWER OR ITS COMMERCIAL SUPPLIERS SHALL BE RESPONSIBLE FOR
OBTAINING SUCH EXPORT LICENSES AS MAY BE NECESSARY FOR DEFENSE ITEMS
FINANCED HEREUNDER.
5. THIS AGREEMENT EVIDENCES THE LEGAL AND BINDING OBLIGATION OF THE
BORROWER TO MAKE REPAYMENTS TO THE LENDER FOR DISBURSEMENTS MADE BY THE
LENDER IN ACCORDANCE WITH THE TERMS HEREOF. THE LENDER MAY SELL OR
ASSIGN, IN WHOLE OR IN PART, ITS RIGHTS TO SAID REPAYMENTS AND MAY, WITH
RESPECT TO SUC SALE OR ASSIGNMENT, GUARANTEE PAYMENT OF THE SAME.
6.(A) THE BORROWER SHALL REPAY THE DISBURSEMENTS MADE BY THE LENDER
IN ACCORDANCE WITH THE PRINCIPAL REPAYMENT SCHEDULE SET FORTH IN ANNEX C
HERETO, AND SHALL PAY INTEREST SEMIANNUALLY ON JANUARY 1 AND JULY 1
COMMENCING JANUARY 1, 1975, AT THE RATE OF THREE PERCENT (3%) PER ANNUM,
USING A 365 DAY FACTOR, ON THE AMOUNT BY WHICH FROM TIME TO TIME
CUMULATIVE DISBURSEMENTS EXCEED CUMULATIVE REPAYMENTS OF PRINCIPAL.
(B) IF ON ANY INSTALLMENT REPAYMENT DATE SET FORTH IN THE PRINCIPAL
REPAYMENT SCHEDULE THE BORROWER SHALL NOT HAVE AVAILED ITSELF OF THE
COMMITMENT OF THE LENDER IN AN AGGREGATE AMOUNT (LESS REPAYMENTS
PREVIOUSLY MADE) EQUAL TO THE AGGREGATE INSTALLMENT OF PRINCIPAL WHICH
IS REPAYABLE ON SUCH DATE TO THE LENDER, THE BORROWER SHALL, ON SUCH
REPAYMENT INSTALLMENT DATE, REPAY TO THE LENDE THE FULL AMOUNT (LESS
REPAYMENTS PREVIOUSLY MADE) TO WHICH IT HAS AVAILED ITSELF OF THE
COMMITMENT OF THE LENDER TO SUCH DATE, TOGETHER WITH THE INTEREST
ACCRUED THEREON. IF AT ANY TIME THEREAFTER THE BORROWER SHALL AVAIL
ITSELF OF THE COMMITMENT OF THE LENDER IN AN AMOUNT WHICH WOULD HAVE
BEEN PAYABLE ON A PRIOR INSTALLMENT REPAYMENT DATE BUT FOR THE
PROVISIONS OF THE IMMEDIATELY PRECEDING SENTENCE, SUCH AMOUNT, TOGETHER
WITH THE INTEREST ACCRUED THEREON, SHALL BE REPAYABLE ON THE NEXT
SUCCEEDING INSTALLMENT DATE OF THE PRINCIPAL REPAYMENT SCHEDULE
OCCURRING AFTER THE DISBURSEMENT OF SUCH AMOUNT AND THE SAID AGGREGATE
INSTALLMENT OF PRINCIPAL REPAYABLE UNDER THE PRINCIPAL REPAYMENT
SCHEDULE TO THE LENDER ON THAT DATE SHALL BE INCREASED BY SUCH AMOUNT.
(C) IF BY THE DATE SPECIFIED IN PARAGRAPH 2 ABOVE, THE BORROWER SHALL
NOT HAVE ENTERED INTO AUTHORIZED PURCHASE ARRANGEMENTS IN AN AGGREGATE
AMOUNT EQUAL TO THE ENTIRE AMOUNT OF THE COMMITMENT, THE INSTALLMENTS OF
PRINCIPAL REPAYABLE TO THE LENDER SET FORTH IN THE PRINCIPAL REPAYMENT
SCHEDULE SHALL BE REDUCED IN THE INVERSE ORDER OF THE MATURITY THEREOF
TO THE EXTENT OF THE UNUSED BALANCE OF THE COMMITMENT.
(D) WHENEVER ANY REPAYMENT TO BE MADE BY THE BORROWER SHALL BE DUE ON
A SATURDAY, SUNDAY, OR PUBLIC HOLIDAY UNDER THE LAWS OF THE LENDER, SUCH
REPAYMENT MAY BE MADE ON THE NEXT SUCCEEDING BUSINESS DAY, AND SUCH
EXTENTION OF TIME SHALL IN SUCH CASE BE INCLUDED IN COMPUTING INTEREST
IN CONNECTION WITH SUCH REPAYMENT BUT EXCLUDED FROM THE NEXT INTEREST
PERIOD.
(E) THE BORROWER MAY PREPAY THE CREDIT EXTENDED UNDER THIS AGREEMENT
IN PART OR IN FULL ON ANY INTEREST PAYMENT DATE WITHOUT PENALTY OR
PREMIUM, BUT SUCH PREPAYMENT MUST BE ACCOMPANIED BY PAYMEN OF INTEREST
ON THE AMOUNT PREPAID TO THE DATE OF PREPAYMENT AND MUST BE APPLIED TO
THE SATISFACTION OF INSTALLMENTS OF PRINCIPAL REPAYMENTS IN THE INVERSE
ORDER OF THEIR MATURITIES.
(F) ALL REPAYMENTS BY THE BORROWER ON ACCOUNT OF PRINCIPAL OR
INTEREST SHALL BE IN LAWFUL MONEY OF THE UNITED STATES OF AMERICA AND IN
IMMEDIATELY AVAILABLE FUNDS, FREE AND CLEAR OF, AND WITHOUT DEDUCTION
FOR, ANY AND ALL TAXES, LEVIES, IMPOSTS, DEDUCTIONS AND WITHHOLDINGS
WHATSOEVER IMPOSED, LEVIED, COLLECTED OR ASSESSED WITH RESPECT THERETO
BY ANY CENTRAL OR LOCAL AUTHORITY OF ISRAEL.
7.(A) THE NOTES SHALL BE FURTHER EVIDENCE OF THE OBLIGATION OF THE
BORROWER TO REPAY THE LOANS MADE HEREUNDER. EACH NOTE SHALL BE DATED
THE PARTICULAR DISBURSEMENT DATE OF THE LOAN WHICH SUCH NOTE EVIDENCES,
SHALL BE PAYABLE TO THE ORDER OF THE GOVERNMENT OF THE UNITED STATES IN
THE PRINCIPAL AMOUNT OF SUCH DISBURSEMENT, AND SHALL BEAR INTEREST ON
THE UNPAID PRINCIPAL AMOUNT THEREOF AS PROVIDED IN PARAGRAPH 6(A).
(B) THE NOTES SHALL BE COMPLETED BY THE BORROWER IN SUCH A MANNER
THAT REPAYMENT OF SUCH LOANS SHALL BE MADE IN THE ORDER OF THEIR
DISBURSEMENT, UTILIZING THE PRINCIPAL REPAYMENT SCHEDULE SET FORTH IN
ANNEX C (AS THE SAME MAY BE ADJUSTED IN ACCORDANCE WITH PARAGRAPHS 6(B)
AND (C) HEREOF), AND, IN DETERMINING WHETHER A PARTICULAR LOAN IS
REPAYABLE IN ONE OR MORE INSTALLMENTS, UTILIZING A PARTICULAR
INSTALLMENT PAYMENT DATE ONLY AFTER THE FULL UTILIZATION OF THE NEXT
PRECEDING INSTALLMENT DATE.
(C) EACH NOTE SHALL BE SIGNED ON BEHALF OF THE BORROWER BY THE
DIRECTOR OR DEPUTY DIRECTOR OF TH MINISTRY OF DEFENSE MISSION, NEW YORK,
AND THE TREASURER OR ASSISTANT TREASURER OF THE MINISTRY OF DEFENSE
MISSION, NEW YORK.
8.(A) THE BORROWER REPRESENTS AND WARRANTS THAT THE MAKING AND
PERFORMANCE OF THIS AGREEMENT HAV BEEN DULY AUTHORIZED IN ACCORDANCE
WITH THE LAWS OF ISRAEL AND SHALL FURNISH TO THE LENDER UPON REQUEST
EVIDENCE, SATISFACTORY TO THE LENDER, OF THE AUTHORITY OF THE PERSON OR
PERSONS WHO HAVE SIGNED THIS AGREEMENT ON BEHALF OF THE BORROWER AND OF
THE PERSON OR PERSONS WHO WILL SIGN THE NOTE PROVIDED FOR HEREIN ON
BEHALF OF THE BORROWER, TOGETHER WITH THE AUTHENTICATED SPECIMEN
SIGNATURE, IN DUPLICATE, OF EACH OF THE LATTER.
(B) THIS AGREEMENT SHALL INURE TO THE BENEFIT OF THE HOLDERS OF THE
NOTES, THEIR RESPECTIVE SUCCESSORS AND ASSIGNS. THIS AGREEMENT AND THE
NOTES SHALL BE DEEMED TO BE CONTRACTS UNDER THE LAW OF THE DISTRICT OF
COLUMBIA AND FOR ALL PURPOSES SHALL BE CONSTRUED IN ACCORDANCE WITH SAID
LAW. THE BORROWER AGREES THAT JURISDICTION MAY BE TAKEN BY COURTS IN
THE DISTRICT OF COLUMBIA WITH RESPECT TO MATTERS INVOLVING ANY NOTE,
PROVIDED SUCH NOTE IS HELD BY AN INDIVIDUAL, PARTNERSHIP, CORPORATION,
OR OTHER PRIVATE LEGAL ENTITY.
(C) THE BORROWER SHALL IN ALL CASES PAY WHEN AND AS DUE THE PRINCIPAL
OF AND INTEREST ON ALL NOTES ISSUED HEREUNDER, NOTWITHSTANDING ANY
CLAIMS WHICH THE BORROWER MAY NOW OR HEREAFTER HAVE AGAINST ANY SUPPLIER
OF THE DEFENSE ITEMS, DOD, THE LENDER, OR ANY OTHER PERSON OR ENTITY IN
CONNECTION WITH ANY OTHER TRANSACTION, FOR ANY REASON WHATSOEVER.
9. UPON THE OCCURRENCE OF ANY OF THE FOLLOWING EVENTS OF DEFAULT:
(A) IF THE BORROWER FAILS FOR A PERIOD OF TEN (10) DAYS TO MAKE ANY
PAYMENT OF PRINCIPAL OF, OR INTEREST ON, ANY NOTE WHEN DUE;
(B) IF ANY REPRESENTATION OR WARRANTY MADE BY THE BORROWER HEREIN OR
ANY CERTIFICATE FURNISHED B THE BORROWER PURSUANT HERETO PROVES TO BE AT
ANY TIME INCORRECT IN ANY MATERIAL RESPECT; OR
(C) IF THE BORROWER DEFAULTS IN THE PERFORMANCE OF ANY OTHER TERM,
COVENANT OR UNDERTAKING CONTAINED IN THIS CREDIT AGREEMENT, AND SUCH
DEFAULT SHALL CONTINUE UNREMEDIED FOR 30 DAYS AFTER WRITTEN NOTIFICATION
THEREOF SHALL HAVE BEEN GIVEN TO THE BORROWER BY THE LENDER;
THEN, AND IN ANY SUCH EVENT, THE HOLDER OF ANY NOTE MAY DECLARE
IMMEDIATELY DUE AND PAYABLE THE UNPAID PRINCIPAL OF, AND ACCRUED
INTEREST ON, ANY OR ALL NOTES HELD BY SUCH HOLDER AND SUCH AMOUNTS SHALL
BECOME IMMEDIATELY DUE AND PAYABLE WITHOUT PROTEST, PRESENTMENT, NOTICE
OR OTHER DEMAND OF AN KIND, ALL OF WHICH ARE HEREBY EXPRESSLY WAIVED BY
THE BORROWER, AND THE LENDER MAY TERMINATE ITS COMMITMENT HEREUNDER.
10. ALL COMMUNICATIONS AND OTHER DOCUMENTS REQUIRED OR PERMITTED
HEREUNDER, UNLESS SUBMITTED IN THE ENGLISH LANGUAGE, SHALL BE
ACCOMPANIED BY ONE ENGLISH TRANSLATION FOR EACH COPY OF SUCH DOCUMENTS
TO BE FURNISHED AND, IN THE EVENT OF CONFLICT, THE ENGLISH VERSION SHALL
GOVERN. EXCEPT AS OTHERWISE PROVIDED HEREIN, ALL NOTICES, REQUESTS OR
DEMANDS HEREUNDER SHALL BE DEEMED TO HAVE BEEN GIVEN OR MADE UPON THE
MAILING OF THE SAME, POSTAGE PREPAID, OR IN THE CASE OF TELEGRAPHIC
NOTICE, ON DELIVERY TO THE TELEGRAPHIC COMPANY, ADDRESSED IN THE CASE OF
THE BORROWER, TO THE DIRECTOR, MINISTRY OF DEFENSE MISSION, GOVERNMENT
OF ISRAEL, WITH A COPY TO THE TREASURY REPRESENTATIVE OF THE GOVERNMENT
OF ISRAEL BOTH AT 850 THIRD AVENUE, NEW YORK, N.Y. 10022, AND IN THE
CASE OF THE LENDER TO THE DIRECTOR, DEFENSE SECURITY ASSISTANCE AGENCY,
THE PENTAGON, WASHINGTON, D.C. 20301.
11. THIS AGREEMENT MAY BE EXECUTED IN ANY NUMBER OF COUNTERPARTS AND
BY THE PARTIES HERETO ON SEPARATE COUNTERPARTS, EACH OF WHICH SHALL BE
DEEMED AN ORIGINAL BUT ALL SUCH COUNTERPARTS TO CONSTITUTE ONE AND THE
SAME INSTRUMENT.
12. ANNEXES A THROUGH C ATTACHED HERETO ARE, BY THIS REFERENCE, MADE
A PART OF THIS AGREEMENT.
IN WITNESS WHEREOF, THE PARTIES HERETO HAVE DULY EXECUTED THIS
AGREEMENT THIS 13TH DAY OF JUNE 1974.
GOVERNMENT OF ISRAEL
SIGNED
BY S. DROR
DIRECTOR, MINISTRY OF DEFENSE
MISSION IN THE UNITED STATES
SIGNED
BY J. DOR
TREASURER, MINISTRY OF DEFENSE
MISSION IN THE UNITED STATES
GOVERNMENT OF THE UNITED STATES OF AMERICA
SIGNED
BY RAY PEET
VICE ADMIRAL, USN
DIRECTOR
DEFENSE SECURITY ASSISTANCE
AGENCY, OSD
ANNEX A AND A2
PAYMENT PROCEDURES
THE FOLLOWING PROCEDURES AND CONDITIONS SHALL BE ADHERED TO PRIOR TO
EACH DISBURSEMENT TO BE MADE BY THE GOVERNMENT OF THE UNITED STATES FOR
THE ACCOUNT OF THE GOVERNMENT OF ISRAEL.
1. THE SUPPLIER SHALL PREPARE AND SUBMIT TO THE DESIGNATED
REPRESENTATIVES OF THE GOVERNMENT OF ISRAEL IN NEW YORK, NEW YORK
INVOICES ON U.S. STANDARD FORM 1034 IN SUFFICIENT NUMBER OF COPIES TO
PERMIT THE FORWARDING OF FOUR COPIES TO THE DISBURSING OFFICER
DESIGNATED IN PARAGRAPH 5 BELOW.
2. THE SUPPLIER SHALL INSURE THAT EACH INVOICE IS IN ACCORDANCE WITH
RELEVANT PROVISIONS OF ITS PURCHASE ARRANGEMENT WITH THE GOVERNMENT OF
ISRAEL.
3. THE SUPPLIER SHALL ATTACH TO EACH INVOICE A STATEMENT THAT
AUTHORIZED REPRESENTATIVES OF THE GOVERNMENT OF THE UNITED STATES SHALL,
UNTIL THE EXPIRATION OF THREE YEARS AFTER FINAL PAYMENT HEREUNDER, HAVE
ACCESS TO AND THE RIGHT TO EXAMINE ANY DIRECTLY RELATED PERTINENT BOOKS,
DOCUMENTS, PAPERS AND RECORDS OF THE SUPPLIER INVOLVING TRANSACTIONS
RELATING TO THE AFORESAID PURCHASE ARRANGEMENT.
4. TO THE EXTENT THAT ANY INVOICE REQUESTS PAYMENT OF ADVANCES, AS
DISTINGUISHED FROM PAYMENT FO DELIVERY OF DEFENSE ITEMS OR REIMBURSEMENT
IN THE FORM OF PROGRESS PAYMENTS FOR WORK OR SERVICES PERFORMED, THE
SUPPLIER SHALL ATTACH TO THE INVOICE A STATEMENT SETTING FORTH THE
UNDERTAKING OF TH SUPPLIER THAT THE FULL AMOUNT OF THE ADVANCE WILL BE
MAINTAINED BY THE SUPPLIER IN A SEGREGATED ACCOUNT WHICH WILL BE APPLIED
SOLELY TO THE PERFORMANCE OF THE SUPPLIER'S OBLIGATIONS UNDER THE
PURCHASE ARRANGEMENT.
5. THE DESIGNATED REPRESENTATIVE OF THE GOVERNMENT OF ISRAEL IN NEW
YORK, NEW YORK SHALL FORWARD SUCH INVOICES TO THE COMPTROLLER, DEFENSE
SECURITY ASSISTANCE AGENCY, THE PENTAGON, WASHINGTON, D.C 20301.
6. EACH INVOICE SHALL BE ACCOMPANIED BY A CERTIFICATION OF THE
GOVERNMENT OF ISRAEL AS FOLLOWS:
"THE GOVERNMENT OF ISRAEL CONFIRMS (THAT THE DEFENSE ITEMS SET FORTH
HEREIN HAVE BEEN SATISFACTORILY RECEIVED BY OR FOR THE GOVERNMENT OF
ISRAEL) (THAT THE WORK OR SERVICES FOR WHICH PROGRESS PAYMENTS ARE
REQUESTED HAVE BEEN SATISFACTORILY RENDERED) (THAT PAYMENT IS OTHERWISE
DUE) UNDER ITS PURCHASE ARRANGEMENT OF __________ FOR THE PURCHASE OF
DEFENSE ITEMS FROM SUPPLIER, AND CERTIFIES THAT THE BILL IS CORRECT AND
JUST AND THAT PAYMENT THEREFOR HAS NOT BEEN MADE. PAYMENT O THIS
INVOICE IS REQUESTED BY THE MINISTRY OF DEFENSE OF THE GOVERNMENT OF
ISRAEL PURSUANT TO THE TERMS OF THE CREDIT AGREEMENT OF __________
BETWEEN THE MINISTRY OF DEFENSE OF THE GOVERNMENT OF ISRAEL AND THE
GOVERNMENT OF THE UNITED STATES OF AMERICA. THE GOVERNMENT OF ISRAEL
CONFIRMS THAT SAID PURCHASE ARRANGEMENT IS ONE OF THE PURCHASE
ARRANGEMENTS AUTHORIZED BY THE DEPARTMENT OF DEFENSE OF THE UNITED
STATES OF AMERICA PURSUANT TO THE AFORESAID CREDIT AGREEMENT OF
__________ AN FURTHER CONFIRMS THAT THE CUMULATIVE TOTAL OF THIS INVOICE
AND INVOICES PREVIOUSLY PAID BY THE GOVERNMENT OF THE UNITED STATES
AGAINST SAID PURCHASE ARRANGEMENT DOES NOT EXCEED THE AGGREGATE CREDIT
CEILING ESTABLISHED BY THE GOVERNMENT OF THE UNITED STATES FOR THE SAID
PURCHASE ARRANGEMENT
GOVERNMENT OF __________
BY (NAME TYPED)
(TITLE)
PROMISSORY NOTE
U.S. $__________, WASHINGTON, D.C.
FOR VALUE RECEIVED, THE UNDERSIGNED, THE GOVERNMENT OF __________
(HEREIN CALLED "__________"), HEREBY PROMISES TO PAY TO THE ORDER OF THE
GOVERNMENT OF THE UNITED STATES OF AMERICA (HEREIN CALLE "UNITED
STATES") THE PRINCIPAL SUM OF __________ UNITED STATES DOLLARS (U.S.
$__________) AS FOLLOWS:
TOGETHER WITH INTEREST ON ANY AND ALL AMOUNTS REMAINING UNPAID
HEREUNDER FROM TIME TO TIME FROM THE DATE HEREOF UNTIL THIS NOTE SHALL
BE PAID IN FULL, PAYABLE SEMIANNUALLY ON __________ AND __________ OF
EACH YEAR FROM DATE HEREOF AT THE RATE OF _____ PERCENT PER ANNUM
(_____%) USING A 36 DAY FACTOR, BOTH PRINCIPAL AND INTEREST TO BE
PAYABLE IN LAWFUL MONEY OF THE UNITED STATES OF AMERICA TO THE
COMPTROLLER, DEFENSE SECURITY ASSISTANCE AGENCY, THE PENTAGON,
WASHINGTON, D.C. 20301. ALL PAYMENTS MADE ON ACCOUNT OF THE PRINCIPAL
AMOUNT REMAINING UNPAID HEREUNDER SHALL BE ENDORSED BY THE HOLDER ON THE
REVERSE SIDE OF THIS NOTE.
WHENEVER ANY PAYMENT TO BE MADE SHALL BE DUE ON SATURDAY, SUNDAY, OR
A PUBLIC HOLIDAY UNDER THE LAWS OF THE GOVERNMENT OF THE UNITED STATES,
SUCH PAYMENT MAY BE MADE ON THE NEXT SUCCEEDING BUSINESS DAY, AND SUCH
EXTENSION OF TIME SHALL IN SUCH CASE BE INCLUDED IN COMPUTING INTEREST
IN CONNECTION WITH SUCH PAYMENTS BUT EXCLUDED FROM THE NEXT INTEREST
PERIOD.
THIS NOTE MAY BE PREPAID ON ANY INTEREST PAYMENT DATE. PREPAYMENTS
SHALL BE APPLIED TO THE INSTALLMENTS HEREOF IN THE REVERSE ORDER OF
THEIR MATURITY. ALL PAYMENTS OF PRINCIPAL AND INTEREST ON THIS NOTE ARE
PAYABLE IN LAWFUL MONEY OF THE UNITED STATES OF AMERICA AND IN
IMMEDIATELY AVAILABLE FUNDS, FREE AND CLEAR OF, AND WITHOUT DEDUCTION
FOR, ANY TAXES, LEVIES, IMPOSTS, DEDUCTIONS, AND WITHHOLDINGS WHATSOEVER
NOW OR HEREAFTER IMPOSED, LEVIED, COLLECTED OR ASSESSED WIT RESPECT
THERETO BY ANY CENTRAL OR LOCAL AUTHORITY OF ISRAEL AND SHALL BE PAID
FREE FROM ALL RESTRICTIONS OF ANY CENTRAL OR LOCAL AUTHORITY OF ISRAEL.
THE GOVERNMENT OF ISRAEL AGREES TO PAY ALL OUT-OF-POCKET COSTS AND
EXPENSES IN CONNECTION WITH COLLECTION AFTER DEFAULT OF THIS NOTE
(INCLUDING THE REASONABLE FEES AND OUT-OF-POCKET EXPENSES OF COUNSEL) AS
WELL AS ALL STAMP AND SIMILAR TAXES, IF ANY, NOW OR HEREAFTER IN EFFECT,
AND TO SAVE TH HOLDER OF THE NOTE HARMLESS FROM ANY AND ALL LIABILITIES
WITH RESPECT TO OR RESULTING FROM ANY DELA OR OMISSION TO PAY SUCH
TAXES.
GOVERNMENT OF ISRAEL __________
BY (NAME TYPED)
(TITLE)
ANNEX C AND C2
PRINCIPAL REPAYMENT SCHEDULE
THE FIRST $17,066,595 OF DISBURSEMENTS ARE REPAYABLE ON JULY 1, 1976
THE NEXT $17,066,595 OF DISBURSEMENTS ARE REPAYABLE ON JANUARY 1,
1977
THE NEXT $17,066,595 OF DISBURSEMENTS ARE REPAYABLE ON JULY 1, 1977
THE NEXT $17,066,595 OF DISBURSEMENTS ARE REPAYABLE ON JANUARY 1,
1978
THE NEXT $17,066,595 OF DISBURSEMENTS ARE REPAYABLE ON JULY 1, 1978
THE NEXT $17,066,595 OF DISBURSEMENTS ARE REPAYABLE ON JANUARY 1,
1979
THE NEXT $17,066,595 OF DISBURSEMENTS ARE REPAYABLE ON JULY 1, 1979
THE NEXT $17,066,595 OF DISBURSEMENTS ARE REPAYABLE ON JANUARY 1,
1980
THE NEXT $17,066,595 OF DISBURSEMENTS ARE REPAYABLE ON JULY 1, 1980
THE NEXT $17,066,595 OF DISBURSEMENTS ARE REPAYABLE ON JANUARY 1,
1981
THE NEXT $17,066,595 OF DISBURSEMENTS ARE REPAYABLE ON JULY 1, 1981
THE NEXT $17,066,595 OF DISBURSEMENTS ARE REPAYABLE ON JANUARY 1,
1982
THE NEXT $17,066,595 OF DISBURSEMENTS ARE REPAYABLE ON JULY 1, 1982
THE NEXT $17,066,595 OF DISBURSEMENTS ARE REPAYABLE ON JANUARY 1,
1983
THE NEXT $17,066,595 OF DISBURSEMENTS ARE REPAYABLE ON JULY 1, 1983
THE NEXT $17,066,595 OF DISBURSEMENTS ARE REPAYABLE ON JANUARY 1,
1984
THE NEXT $17,066,595 OF DISBURSEMENTS ARE REPAYABLE ON JULY 1, 1984
THE NEXT $17,066,595 OF DISBURSEMENTS ARE REPAYABLE ON JANUARY 1,
1985
THE NEXT $17,066,595 OF DISBURSEMENTS ARE REPAYABLE ON JULY 1, 1985
THE NEXT $17,066,595 OF DISBURSEMENTS ARE REPAYABLE ON JANUARY 1,
1986
THE NEXT $17,066,595 OF DISBURSEMENTS ARE REPAYABLE ON JULY 1, 1986
THE NEXT $17,066,595 OF DISBURSEMENTS ARE REPAYABLE ON JANUARY 1,
1987
THE NEXT $17,066,595 OF DISBURSEMENTS ARE REPAYABLE ON JULY 1, 1987
THE NEXT $17,066,595 OF DISBURSEMENTS ARE REPAYABLE ON JANUARY 1,
1988
THE NEXT $17,066,595 OF DISBURSEMENTS ARE REPAYABLE ON JULY 1, 1988
THE NEXT $17,066,595 OF DISBURSEMENTS ARE REPAYABLE ON JANUARY 1,
1989
THE NEXT $17,066,595 OF DISBURSEMENTS ARE REPAYABLE ON JULY 1, 1989
THE NEXT $17,066,595 OF DISBURSEMENTS ARE REPAYABLE ON JANUARY 1,
1990
THE NEXT $17,066,595 OF DISBURSEMENTS ARE REPAYABLE ON JULY 1, 1990
THE NEXT $17,066,595 OF DISBURSEMENTS ARE REPAYABLE ON JANUARY 1,
1991
THE NEXT $17,066,595 OF DISBURSEMENTS ARE REPAYABLE ON JULY 1, 1991
THE NEXT $17,066,595 OF DISBURSEMENTS ARE REPAYABLE ON JANUARY 1,
1992
THE NEXT $17,066,595 OF DISBURSEMENTS ARE REPAYABLE ON JULY 1, 1992
THE NEXT $17,066,595 OF DISBURSEMENTS ARE REPAYABLE ON JANUARY 1,
1993
THE NEXT $17,066,595 OF DISBURSEMENTS ARE REPAYABLE ON JULY 1, 1993
THE NEXT $17,066,595 OF DISBURSEMENTS ARE REPAYABLE ON JANUARY 1,
1994
THE NEXT $17,066,595 OF DISBURSEMENTS ARE REPAYABLE ON JULY 1, 1994
THE NEXT $17,066,595 OF DISBURSEMENTS ARE REPAYABLE ON JANUARY 1,
1995
THE NEXT $17,066,595 OF DISBURSEMENTS ARE REPAYABLE ON JULY 1, 1995
THE LAST $17,066,595 OF DISBURSEMENTS ARE REPAYABLE ON JANUARY 1,
1996
ISRAEL 3 JUN 1974 FLITE DOCUMENT NO. 7502432
CREDIT AGREEMENT
PURCHASE ARRANGEMENTS BETWEEN THE GOVERNMENT OF ISRAEL AND THE UNITED
STATES OF AMERICA FOR THE PURCHASE OF DEFENSE ARTICLES AND SERVICES
CREDIT AGREEMENT, MADE AND ENTERED INTO THE 3RD DAY OF JUNE, 1974,
BETWEEN THE GOVERNMENT OF ISRAEL, REPRESENTED BY ITS MINISTRY OF
DEFENSE, AND THE GOVERNMENT OF THE UNITED STATES OF AMERICA, REPRESENTED
BY THE DEPARTMENT OF DEFENSE OF THE UNITED STATES OF AMERICA.
WITNESSETH
WHEREAS, THE GOVERNMENT OF ISRAEL (HEREINAFTER SOMETIMES REFERRED TO
AS THE "BORROWER") DESIRES T ENTER OR HAS ENTERED, INTO PURCHASE
CONTRACTS (HEREINAFTER REFERRED TO AS "PURCHASE ARRANGEMENTS") WITH THE
MILITARY DEPARTMENTS AND AGENCIES OF THE UNITED STATES DEPARTMENT OF
DEFENSE (HEREINAFTER REFERRED TO AS "DOD") AND/OR VARIOUS UNITED STATES
COMMERCIAL SUPPLIERS FOR THE PURCHASE OF DEFENSE ARTICLES AND DEFENSE
SERVICES OF UNITED STATES ORIGIN (HEREINAFTER COLLECTIVELY REFERRED TO
AS "DEFENSE ITEMS"); AND
WHEREAS, THE BORROWER HAS REQUESTED THE GOVERNMENT OF THE UNITED
STATES OF AMERICA (HEREINAFTER SOMETIMES REFERRED TO AS THE "LENDER") TO
FINANCE PAYMENTS REQUIRED TO BE MADE BY THE BORROWER UNDE THE PURCHASE
ARRANGEMENTS; AND
WHEREAS, THE AFORESAID REQUESTED CREDIT WILL FACILITATE THE PURPOSES
OF THE UNITED STATES EMERGENCY SECURITY ASSISTANCE ACT OF 1973;
NOW THEREFORE, IN CONSIDERATION OF THE PREMISE AND THE MUTUAL
COVENANTS HEREINAFTER SET FORTH, AN IN IMPLEMENTATION OF, AND SUBJECT TO
THE PROVISIONS OF THE MUTUAL DEFENSE ASSISTANCE AGREEMENT BETWEEN THE
GOVERNMENT OF ISRAEL AND THE GOVERNMENT OF THE UNITED STATES OF AMERICA,
DATED JULY 23, 1952, THE PARTIES HERETO AGREE AS FOLLOWS:
1. SUBJECT TO THE TERMS AND CONDITIONS HEREOF, THE LENDER AGREES TO
MAKE LOANS TO THE BORROWER FROM TIME TO TIME IN AN AGGREGATE PRINCIPAL
AMOUNT UP TO BUT NOT EXCEEDING $500,000,000 (HEREINAFTE CALLED THE
"COMMITMENT").
2. THE AFORESAID COMMITMENT SHALL BE AVAILABLE ONLY TO FINANCE THE
PURCHASE OF DEFENSE ITEMS BY THE BORROWER PURSUANT TO PURCHASE
ARRANGEMENTS AUTHORIZED FOR SUCH FINANCING BY DOD WHICH ARE ENTERED INTO
BY THE BORROWER ON OR BEFORE JUNE 30, 1974. EACH AUTHORIZATION FOR THE
BORROWER TO ENTER INTO A PURCHASE ARRANGEMENT IN IMPLEMENTATION OF THIS
CREDIT AGREEMENT SHALL BE SEPARATELY COMMUNICATED BY DOD IN WRITING TO
THE BORROWER, WHICH AUTHORIZATION SHALL SPECIFY THE DEFENSE ITEMS AND
THE AMOUNT OF CREDIT AUTHORIZED FOR THAT PURCHASE ARRANGEMENT. THE
BORROWER SHALL INCORPORATE INTO EACH SUCH PURCHASE ARRANGEMENT WITH
COMMERCIAL SUPPLIERS THE PROVISIONS OF ANNEX A HERETO AND ATTACH AS AN
EXHIBIT TO THE PURCHASE ARRANGEMENT A TRUE COPY OF THE APPLICABLE
AFORESAID AUTHORIZATION AND OF PARAGRAPH 9 OF THIS CREDIT ARRANGEMENT.
3. EACH LOAN HEREUNDER BY THE LENDER SHALL BE MADE IN ACCORDANCE
WITH THE FOLLOWING PROCEDURES:
(A) EACH LOAN SHALL BE MADE ON SUCH DATE (HEREINAFTER REFERRED TO AS
A "DISBURSEMENT DATE") AS MAY BE DESIGNATED BY THE BORROWER FROM TIME TO
TIME UPON TEN (10) DAYS WRITTEN NOTICE BY THE BORROWER TO THE LENDER.
(B) EACH NOTICE SHALL SPECIFY THE AMOUNT OF THE LOAN TO BE MADE BY
THE LENDER ON THE DISBURSEMEN DATE, AND SHALL SPECIFY THE SUPPLIER OR
SUPPLIERS (INCLUDING THE MILITARY DEPARTMENT OR AGENCIES OF DOD) TO WHOM
THE DISBURSEMENT IS TO BE REMITTED BY THE LENDER.
(C) EACH NOTICE SHALL BE SENT TO THE COMPTROLLER, DEFENSE SECURITY
ASSISTANCE AGENCY, THE PENTAGON, WASHINGTON, D.C. 20301. (D) IN THE
CASE OF DISBURSEMENTS REQUESTED TO BE MADE TO COMMERCIAL SUPPLIERS, THE
INVOICES SHALL BE PREPARED IN ACCORDANCE WITH THE PROCEDURE SET FORTH IN
ANNEX A HERETO.
(E) IN THE CASE OF DISBURSEMENTS REQUESTED TO BE MADE TO THE MILITARY
DEPARTMENTS AND AGENCIES O DOD, THE NOTICES SHALL HAVE ANNEXED THERETO
COPIES OF THE PAYMENT REQUEST RECEIVED BY THE BORROWER FROM SUCH
MILITARY DEPARTMENT OR AGENCY AGAINST WHICH DISBURSEMENT IS REQUESTED.
(F) WITH EACH NOTICE, THE BORROWER SHALL CONCURRENTLY TRANSMIT TO THE
LENDER AT THE ADDRESS SET FORTH IN SUBPARAGRAPH (C) ABOVE OF THIS
PARAGRAPH A PROMISSORY NOTE SUBSTANTIALLY IN THE FORM OF ANNEX B HERETO
(WITH THE BLANKS APPROPRIATELY FILLED IN) RECITING THE OBLIGATION OF THE
BORROWER TO REPAY THE AMOUNT OF SUCH LOAN WITH INTEREST THEREON AS
HEREINAFTER SET FORTH. (THE PROMISSORY NOTE HEREINABOVE REFERRED TO ARE
HEREINAFTER CALLED THE "NOTES" AND INDIVIDUALLY A "NOTE").
4.(A) ALL OCEAN TRANSPORTATION OF THE DEFENSE ARTICLES SHALL BE ON
VESSELS OF UNITED STATES REGISTRY. THE GOVERNMENT OF THE UNITED STATES
WILL GIVE SYMPATHETIC CONSIDERATION ON A CASE-BY-CAS BASIS TO REQUESTS
BY THE BORROWER JUSTIFYING SHIPMENT ON VESSELS OF THE REGISTRY OF THE
BORROWER. CONSIDERATION WILL BE GIVEN TO SECURITY REQUIREMENTS OF THE
BORROWER TO ASSURE SAFE ARRIVAL.
(B) THE BORROWER OR ITS COMMERCIAL SUPPLIER SHALL BE RESPONSIBLE FOR
OBTAINING SUCH EXPORT LICENSES AS MAY BE NECESSARY FOR DEFENSE ITEMS
FINANCED HEREUNDER.
5. THIS AGREEMENT EVIDENCES THE LEGAL AND BINDING OBLIGATION OF THE
BORROWER TO MAKE REPAYMENTS TO THE LENDER FOR DISBURSEMENTS MADE BY THE
LENDER IN ACCORDANCE WITH THE TERMS HEREOF. THE LENDER MAY SELL OR
ASSIGN, IN WHOLE OR IN PART, ITS RIGHTS TO SAID REPAYMENTS AND MAY, WITH
RESPECT TO SUC SALE OR ASSIGNMENT, GUARANTEE PAYMENT OF THE SAME.
6.(A) THE BORROWER SHALL REPAY THE DISBURSEMENTS MADE BY THE LENDER
IN ACCORDANCE WITH THE PRINCIPAL REPAYMENT SCHEDULE SET FORTH IN ANNEX C
HERETO, AND SHALL PAY INTEREST SEMIANNUALLY ON JUNE 1 AND DECEMBER 1
COMMENCING DECEMBER 1, 1974 AT THE RATE OF THREE PER CENT (3%) PER
ANNUM, USING A 365 DAY FACTOR, ON THE AMOUNT BY WHICH FROM TIME TO TIME
CUMULATIVE DISBURSEMENTS EXCEED CUMULATIVE REPAYMENTS OF PRINCIPAL.
(B) IF ON ANY INSTALLMENT REPAYMENT DATE SET FORTH IN THE PRINCIPAL
REPAYMENT SCHEDULE THE BORROWER SHALL NOT HAVE AVAILED ITSELF OF THE
COMMITMENT OF THE LENDER IN AN AGGREGATE AMOUNT (LESS REPAYMENTS
PREVIOUSLY MADE) EQUAL TO THE AGGREGATE INSTALLMENT OF PRINCIPAL WHICH
IS REPAYABLE ON SUCH DATE TO THE LENDER, THE BORROWER SHALL, ON SUCH
INSTALLMENT REPAYMENT DATE, REPAY TO THE LENDE THE FULL AMOUNT (LESS
REPAYMENTS PREVIOUSLY MADE) TO WHICH IT HAS AVAILED ITSELF OF THE
COMMITMENT OF THE LENDER TO SUCH DATE, TOGETHER WITH THE INTEREST
ACCRUED THEREON. IF AT ANY TIME THEREAFTER THE BORROWER SHALL AVAIL
ITSELF OF THE COMMITMENT OF THE LENDER IN AN AMOUNT WHICH WOULD HAVE
BEEN PAYABLE ON A PRIOR INSTALLMENT REPAYMENT DATE BUT FOR THE
PROVISIONS OF THE IMMEDIATELY PRECEDING SENTENCE, SUCH AMOUNT, TOGETHER
WITH THE INTEREST ACCRUED THEREON, SHALL BE REPAYABLE ON THE NEXT
SUCCEEDING INSTALLMENT DATE OF THE PRINCIPAL REPAYMENT SCHEDULE
OCCURRING AFTER THE DISBURSEMENT OF SUCH AMOUNT AND THE SAID AGGREGATE
INSTALLMENT OF PRINCIPAL REPAYABLE UNDER THE PRINCIPAL REPAYMENT
SCHEDULE TO THE LENDER ON THAT DATE SHALL BE INCREASED BY SUCH AMOUNT.
(C) IF BY THE DATE SPECIFIED IN PARAGRAPH 2 ABOVE, THE BORROWER SHALL
NOT HAVE ENTERED INTO AUTHORIZED PURCHASE ARRANGEMENTS IN AN AGGREGATE
AMOUNT EQUAL TO THE ENTIRE AMOUNT OF THE COMMITMENT, THE INSTALLMENTS OF
PRINCIPAL REPAYABLE TO THE LENDER SET FORTH IN THE PRINCIPAL REPAYMENT
SCHEDULE SHALL BE REDUCED IN THE INVERSE ORDER OF THE MATURITY THEREOF
TO THE EXTENT OF THE UNUSED BALANCE OF THE COMMITMENT.
(D) WHENEVER ANY REPAYMENT TO BE MADE BY THE BORROWER SHALL BE DUE ON
A SATURDAY, SUNDAY, OR PUBLIC HOLIDAY UNDER THE LAWS OF THE LENDER, SUCH
REPAYMENT MAY BE MADE ON THE NEXT SUCCEEDING BUSINESS DAY, AND SUCH
EXTENSION OF TIME SHALL IN SUCH CASE BE INCLUDED IN COMPUTING INTEREST
IN CONNECTION WITH SUCH REPAYMENT BUT EXCLUDED FROM THE NEXT INTEREST
PERIOD.
(E) THE BORROWER MAY PREPAY THE CREDIT EXTENDED UNDER THIS AGREEMENT
IN PART OR IN FULL ON ANY INTEREST PAYMENT DATE WITHOUT PENALTY OR
PREMIUM, BUT SUCH PREPAYMENT MUST BE ACCOMPANIED BY PAYMEN OF INTEREST
ON THE AMOUNT PREPAID TO THE DATE OF PREPAYMENT AND MUST BE APPLIED TO
THE SATISFACTION OF INSTALLMENT OF PRINCIPAL REPAYMENTS IN THE INVERSE
ORDER OF THEIR MATURITIES.
(F) ALL REPAYMENTS BY THE BORROWER ON ACCOUNT OF PRINCIPAL OR
INTEREST SHALL BE IN LAWFUL MONEY OF THE UNITED STATES OF AMERICA AND IN
IMMEDIATELY AVAILABLE FUNDS, FREE AND CLEAR OF, AND WITHOUT DEDUCTION
FOR, ANY AND ALL TAXES, LEVIES, IMPOSTS, DEDUCTIONS AND WITHHOLDINGS
WHATSOEVER IMPOSED, LEVIED, COLLECTED OR ASSESSED WITH RESPECT THERETO
BY ANY CENTRAL OR LOCAL AUTHORITY OF ISRAEL.
7.(A) THE NOTES SHALL BE FURTHER EVIDENCE OF THE OBLIGATION OF THE
BORROWER TO REPAY THE LOANS MADE HEREUNDER. EACH NOTE SHALL BE DATED
THE PARTICULAR DISBURSEMENT DATE OF THE LOAN WHICH SUCH NOTE EVIDENCES,
SHALL BE PAYABLE TO THE ORDER OF THE GOVERNMENT OF THE UNITED STATES IN
THE PRINCIPAL AMOUNT OF SUCH DISBURSEMENT, AND SHALL BEAR INTEREST ON
THE UNPAID PRINCIPAL AMOUNT THEREOF AS PROVIDED IN PARAGRAPH 6(A).
(B) THE NOTES SHALL BE COMPLETED BY THE BORROWER IN SUCH A MANNER
THAT REPAYMENT OF SUCH LOANS SHALL BE MADE IN THE ORDER OF THEIR
DISBURSEMENT, UTILIZING THE PRINCIPAL REPAYMENT SCHEDULE SET FORTH IN
ANNEX C (AS THE SAME MAY BE ADJUSTED IN ACCORDANCE WITH PARAGRAPHS 6(B)
AND 6(C) HEREOF), AND, IN DETERMINING WHETHER A PARTICULAR LOAN IS
PAYABLE IN ONE OR MORE INSTALLMENTS, UTILIZING A PARTICULAR INSTALLMENT
PAYMENT DATE ONLY AFTER THE FULL UTILIZATION OF THE NEXT PRECEDING
INSTALLMENT DATE.
(C) EACH NOTE SHALL BE SIGNED ON BEHALF OF THE BORROWER BY THE
DIRECTOR OR DEPUTY DIRECTOR OF TH MINISTRY OF DEFENSE MISSION, NEW YORK,
AND THE TREASURER OR ASSISTANT TREASURER OF THE MINISTRY OF DEFENSE
MISSION, NEW YORK.
8.(A) THE BORROWER REPRESENTS AND WARRANTS THAT THE MAKING AND
PERFORMANCE OF THIS AGREEMENT HAV BEEN DULY AUTHORIZED IN ACCORDANCE
WITH THE LAWS OF ISRAEL AND SHALL FURNISH TO THE LENDER UPON REQUEST
EVIDENCE, SATISFACTORY TO THE LENDER, OF THE AUTHORITY OF THE PERSON OR
PERSONS WHO HAVE SIGNED THIS AGREEMENT ON BEHALF OF THE BORROWER AND OF
THE PERSON OR PERSONS WHO WILL SIGN THE NOTE PROVIDED FOR HEREIN ON
BEHALF OF THE BORROWER, TOGETHER WITH THE AUTHENTICATED SPECIMEN
SIGNATURE, IN DUPLICATE, OF EACH OF THE LATTER.
(B) THIS AGREEMENT SHALL INURE TO THE BENEFITS OF THE HOLDERS OF THE
NOTES, THEIR RESPECTIVE SUCCESSORS AND ASSIGNS. THIS AGREEMENT AND THE
NOTES SHALL BE DEEMED TO BE CONTRACTS UNDER THE LAW OF THE DISTRICT OF
COLUMBIA AND FOR ALL PURPOSES SHALL BE CONSTRUED IN ACCORDANCE WITH SAID
LAW. THE BORROWER AGREES THAT JURISDICTION MAY BE TAKEN BY COURTS IN
THE DISTRICT OF COLUMBIA WITH RESPECT TO MATTERS INVOLVING ANY NOTE,
PROVIDED SUCH NOTE IS HELD BY AN INDIVIDUAL, PARTNERSHIP, CORPORATION,
OR OTHER PRIVATE LEGAL ENTITY.
(C) THE BORROWER SHALL IN ALL CASES PAY WHEN AND AS DUE THE PRINCIPAL
OF AND INTEREST ON ALL NOTES ISSUED HEREUNDER, NOTWITHSTANDING ANY
CLAIMS WHICH THE BORROWER MAY NOW OR HEREAFTER HAVE AGAINST ANY SUPPLIER
OF THE DEFENSE ITEMS, DOD, THE LENDER, OR ANY OTHER PERSON OR ENTITY IN
CONNECTION WITH ANY OTHER TRANSACTION, FOR ANY REASON WHATSOEVER.
9. UPON THE OCCURRENCE OF ANY OF THE FOLLOWING EVENTS OF DEFAULT:
(A) IF THE BORROWER FAILS FOR A PERIOD OF TEN (10) DAYS TO MAKE ANY
PAYMENT OF PRINCIPAL OF, OR INTEREST ON, ANY NOTE WHEN DUE;
(B) IF ANY REPRESENTATION OR WARRANTY MADE BY THE BORROWER HEREIN OR
ANY CERTIFICATE FURNISHED B THE BORROWER PURSUANT HERETO PROVES TO BE AT
ANY TIME INCORRECT IN ANY MATERIAL RESPECT; OR
(C) IF THE BORROWER DEFAULTS IN THE PERFORMANCE OF ANY OTHER TERM,
COVENANT OR UNDERTAKING CONTAINED IN THIS CREDIT AGREEMENT, AND SUCH
DEFAULT SHALL CONTINUE UNREMEDIED FOR 30 DAYS AFTER WRITTEN NOTIFICATION
THEREOF SHALL HAVE BEEN GIVEN TO THE BORROWER BY THE LENDER; THEN, AND
IN ANY SUCH EVENT, THE HOLDER OF ANY NOTE MAY DECLARE IMMEDIATELY DUE
AND PAYABLE THE UNPAID PRINCIPAL OF, AND ACCRUED INTEREST ON, ANY OR ALL
NOTES HELD BY SUCH HOLDER AND SUCH AMOUNTS SHALL BECOME IMMEDIATELY DUE
AND PAYABLE WITHOUT PROTEST, PRESENTMENT, NOTICE OR OTHER DEMAND OF ANY
KIND, ALL O WHICH ARE HEREBY EXPRESSLY WAIVED BY THE BORROWER, AND THE
LENDER MAY TERMINATE ITS COMMITMENT HEREUNDER.
10. ALL COMMUNICATIONS AND OTHER DOCUMENTS REQUIRED OR PERMITTED
HEREUNDER, UNLESS SUBMITTED IN THE ENGLISH LANGUAGE, SHALL BE
ACCOMPANIED BY ONE ENGLISH TRANSLATION FOR EACH COPY OF SUCH DOCUMENTS
TO BE FURNISHED AND, IN THE EVENT OF CONFLICT, THE ENGLISH VERSION SHALL
GOVERN. EXCEPT AS OTHERWISE PROVIDED HEREIN, ALL NOTICES, REQUESTS OR
DEMANDS HEREUNDER SHALL BE DEEMED TO HAVE BEEN GIVEN OR MADE UPON THE
MAILING OF THE SAME, POSTAGE PREPAID, OR IN THE CASE OF TELEGRAPHIC
NOTICE, ON DELIVERY TO THE TELEGRAPHIC COMPANY, ADDRESSED IN THE CASE OF
THE BORROWER, TO THE DIRECTOR, MINISTRY OF DEFENSE MISSION, GOVERNMENT
OF ISRAEL, WITH A COPY TO THE TREASURY REPRESENTATIVE OF THE GOVERNMENT
OF ISRAEL, BOTH AT 850 THIRD AVENUE, NEW YORK, NEW YORK 10022, AND IN
THE CASE OF THE LENDER TO THE DIRECTOR, DEFENSE SECURITY ASSISTANCE
AGENCY, THE PENTAGON, WASHINGTON, D.C. 20301.
11. THIS AGREEMENT MAY BE EXECUTED IN ANY NUMBER OF COUNTERPARTS AND
BY THE PARTIES HERETO ON SEPARATE COUNTERPARTS, EACH OF WHICH SHALL BE
DEEMED AN ORIGINAL BUT ALL SUCH COUNTERPARTS TO CONSTITUTE ONE AND THE
SAME INSTRUMENT.
12. ANNEXES A THROUGH C ATTACHED HERETO ARE, BY THIS REFERENCE, MADE
A PART OF THIS AGREEMENT.
IN WITNESS WHEREOF, THE PARTIES HERETO HAVE DULY EXECUTED THIS
AGREEMENT THIS 3RD DAY OF JUNE 1974.
GOVERNMENT OF ISRAEL
SIGNED BY S. DROR
DIRECTOR, MINISTRY OF DEFENSE
MISSION IN THE UNITED STATES
SIGNED
BY J. DOR
TREASURER, MINISTRY OF DEFENSE
MISSION IN THE UNITED STATES
GOVERNMENT OF THE UNITED STATES OF AMERICA
SIGNED
RAY PEET
VICE ADMIRAL, USN
DIRECTOR
DEFENSE SECURITY ASSISTANCE
AGENCY, OSD
ANNEX A AND A2
PAYMENT PROCEDURES
THE FOLLOWING PROCEDURES AND CONDITIONS SHALL BE ADHERED TO PRIOR TO
EACH DISBURSEMENT TO BE MADE BY THE GOVERNMENT OF THE UNITED STATES FOR
THE ACCOUNT OF THE GOVERNMENT OF ISRAEL.
1. THE SUPPLIER SHALL PREPARE AND SUBMIT TO THE DESIGNATED
REPRESENTATIVES OF THE GOVERNMENT OF ISRAEL IN NEW YORK, NEW YORK,
INVOICES ON U.S. STANDARD FORM 1034 IN SUFFICIENT NUMBER OF COPIES TO
PERMIT THE FORWARDING OF FOUR COPIES TO THE DISBURSING OFFICER
DESIGNATED IN PARAGRAPH 5 BELOW.
2. THE SUPPLIER SHALL INSURE THAT EACH INVOICE IS IN ACCORDANCE WITH
RELEVANT PROVISIONS OF ITS PRUCHASE ARRANGEMENT WITH THE GOVERNMENT OF
ISRAEL.
3. THE SUPPLIER SHALL ATTACH TO EACH INVOICE A STATEMENT THAT
AUTHORIZED REPRESENTATIVES OF THE GOVERNMENT OF THE UNITED STATES SHALL,
UNTIL THE EXPIRATION OF THREE YEARS AFTER FINAL PAYMENT HEREUNDER, HAVE
ACCESS TO AND THE RIGHT TO EXAMINE ANY DIRECTLY RELATED PERTINENT BOOKS,
DOCUMENTS, PAPERS AND RECORDS OF THE SUPPLIER INVOLVING TRANSACTIONS
RELATING TO THE AFORESAID PURCHASE ARRANGEMENT.
4. TO THE EXTENT THAT ANY INVOICE REQUESTS PAYMENT OF ADVANCES, AS
DISTINGUISHED FROM PAYMENT FO DELIVERY OF DEFENSE ITEMS OR REIMBURSEMENT
IN THE FORM OF PROGRESS PAYMENTS FOR WORK OR SERVICES PERFORMED, THE
SUPPLIER SHALL ATTACH TO THE INVOICE A STATEMENT SETTING FORTH THE
UNDERTAKING OF TH SUPPLIER THAT THE FULL AMOUNT OF THE ADVANCE WILL BE
MAINTAINED BY THE SUPPLIER IN A SEGREGATED ACCOUNT WHICH WILL BE APPLIED
SOLELY TO THE PERFORMANCE OF THE SUPPLIER'S OBLIGATIONS UNDER THE
PURCHASE ARRANGEMENT.
5. THE DESIGNATED REPRESENTATIVE OF THE GOVERNMENT OF ISRAEL IN NEW
YORK, NEW YORK, SHALL FORWAR SUCH INVOICES TO THE COMPTROLLER, DEFENSE
SECURITY ASSISTANCE AGENCY, THE PENTAGON, WASHINGTON, D.C 20301.
6. EACH INVOICE SHALL BE ACCOMPANIED BY A CERTIFICATION OF THE
GOVERNMENT OF ISRAEL AS FOLLOWS:
"THE GOVERNMENT OF ISRAEL CONFIRMS (THAT THE DEFENSE ITEMS SET FORTH
HEREIN HAVE BEEN SATISFACTORILY RECEIVED BY OR FOR THE GOVERNMENT OF
ISRAEL (THAT THE WORK OR SERVICES FOR WHICH PROGRESS PAYMENTS ARE
REQUESTED HAVE BEEN SATISFACTORILY RENDERED) (THAT PAYMENT IS OTHERWISE
DUE) UNDER ITS PURCHASE ARRANGEMENT OF (DATE) FOR THE PURCHASE OF
DEFENSE ITEMS FROM SUPPLIER, AND CERTIFIES THAT THE BILL IS CORRECT AND
JUST AND THAT PAYMENT THEREFOR HAS NOT BEEN MADE. PAYMENT O THIS
INVOICE IS REQUESTED BY THE MINISTRY OF DEFENSE OF THE GOVERNMENT OF
ISRAEL PURSUANT TO THE TERMS OF THE CREDIT AGREEMENT OF (DATE) BETWEEN
THE MINISTRY OF DEFENSE OF THE GOVERNMENT OF ISRAEL AND THE GOVERNMENT
OF THE UNITED STATES OF AMERICA. THE GOVERNMENT OF ISRAEL CONFIRMS THAT
SAID PURCHASE ARRANGEMENTS AUTHORIZED BY THE DEPARTMENT OF DEFENSE OF
THE UNITED STATES OF AMERICA PURSUANT TO THE AFORESAID CREDIT AGREEMENT
OF (DATE) AND FURTHER CONFIRMS THAT THE CUMULATIVE TOTAL OF THIS INVOICE
AND INVOICES PREVIOUSLY PAID BY THE GOVERNMENT OF THE UNITED STATES
AGAINST SAID PURCHASE ARRANGEMENT DOES NOT EXCEED THE AGGREGATE CREDIT
CEILING ESTABLISHED BY THE GOVERNMEN OF THE UNITED STATES FOR THE SAID
PURCHASE ARRANGEMENT.
GOVERNMENT OF ISRAEL
BY (NAME TYPED)
(TITLE)
ANNEX B AND B2
PROMISSORY NOTE
U.S. $__________, WASHINGTON, D.C.
FOR VALUE RECEIVED, THE UNDERSIGNED, THE GOVERNMENT OF ISRAEL (HEREIN
CALLED "ISRAEL"), HEREBY PROMISES TO PAY TO THE ORDER OF THE GOVERNMENT
OF THE UNITED STATES OF AMERICA (HEREIN CALLED "UNITED STATES") THE
PRINCIPAL SUM OF __________ UNITED STATES DOLLARS (U.S. $__________) AS
FOLLOWS:
TOGETHER WITH INTEREST ON ANY AND ALL AMOUNTS REMAINING UNPAID
HEREUNDER FROM TIME TO TIME FROM THE DATE HEREOF UNTIL THIS NOTE SHALL
BE PAID IN FULL, PAYABLE SEMIANNUALLY ON JUNE 1 AND DECEMBER OF EACH
YEAR FROM DATE HEREOF AT THE RATE OF THREE PER CENT PER ANNUM (3%) USING
A 365 DAY FACTOR, BOTH PRINCIPAL AND INTEREST TO BE PAYABLE IN LAWFUL
MONEY OF THE UNITED STATES OF AMERICA TO THE COMPTROLLER, DEFENSE
SECURITY ASSISTANCE AGENCY, THE PENTAGON, WASHINGTON, D.C. 20301. ALL
PAYMENT MADE ON ACCOUNT OF THE PRINCIPAL AMOUNT REMAINING UNPAID
HEREUNDER SHALL BE ENDORSED BY THE HOLDER ON THE REVERSE SIDE OF THIS
NOTE.
WHENEVER ANY PAYMENT TO BE MADE SHALL BE DUE ON SATURDAY, SUNDAY, OR
A PUBLIC HOLIDAY UNDER THE LAWS OF THE GOVERNMENT OF THE UNITED STATES,
SUCH PAYMENT MAY BE MADE ON THE NEXT SUCCEEDING BUSINESS DAY, AND SUCH
EXTENSION OF TIME SHALL IN SUCH CASE BE INCLUDED IN COMPUTING INTEREST
IN CONNECTION WITH SUCH PAYMENTS BUT EXCLUDED FROM THE NEXT INTEREST
PERIOD.
THIS NOTE MAY BE PREPAID ON ANY INTEREST PAYMENT DATE. PREPAYMENTS
SHALL BE APPLIED TO THE INSTALLMENTS HEREOF IN THE REVERSE ORDER OF
THEIR MATURITY. ALL PAYMENTS OF PRINCIPAL AND INTEREST ON THIS NOTE ARE
PAYABLE IN LAWFUL MONEY OF THE UNITED STATES OF AMERICA AND IN
IMMEDIATELY AVAILABLE FUNDS, FREE AND CLEAR OF, AND WITHOUT DEDUCTION
FOR, ANY TAXES, LEVIES, IMPOSTS, DEDUCTIONS, AND WITHHOLDINGS WHATSOEVER
NOW OR HEREAFTER IMPOSED, LEVIED, COLLECTED OR ASSESSED WIT RESPECT
THERETO BY ANY CENTRAL OR LOCAL AUTHORITY OF ISRAEL AND SHALL BE PAID
FREE FROM ALL RESTRICTIONS OF ANY CENTRAL OR LOCAL AUTHORITY OF ISRAEL.
THE GOVERNMENT OF ISRAEL AGREES TO PAY ALL OUT-OF-POCKET COSTS AND
EXPENSES IN CONNECTION WITH COLLECTION AFTER DEFAULT OF THIS NOTE
(INCLUDING THE REASONABLE FEES AND OUT-OF-POCKET EXPENSES OF COUNSEL) AS
WELL AS ALL STAMP AND SIMILAR TAXES, IF ANY, NOW OR HEREAFTER IN EFFECT,
AND TO SAVE TH HOLDER OF THE NOTE HARMLESS FROM ANY AND ALL LIABILITIES
WITH RESPECT TO OR RESULTING FROM ANY DELA OR OMISSION TO PAY SUCH
TAXES.
GOVERNMENT OF ISRAEL
BY (NAME TYPED)
(TITLE)
ANNEX C AND C2
PRINCIPAL REPAYMENT SCHEDULE
THE FIRST $12,500,000 OF DISBURSEMENTS ARE REPAYABLE ON JUNE 1, 1976
THE NEXT $12,500,000 OF DISBURSEMENTS ARE REPAYABLE ON DECEMBER 1,
1976
THE NEXT $12,500,000 OF DISBURSEMENTS ARE REPAYABLE ON JUNE 1, 1977
THE NEXT $12,500,000 OF DISBURSEMENTS ARE REPAYABLE ON DECEMBER 1,
1977
THE NEXT $12,500,000 OF DISBURSEMENTS ARE REPAYABLE ON JUNE 1, 1978
THE NEXT $12,500,000 OF DISBURSEMENTS ARE REPAYABLE ON DECEMBER 1,
1978
THE NEXT $12,500,000 OF DISBURSEMENTS ARE REPAYABLE ON JUNE 1, 1979
THE NEXT $12,500,000 OF DISBURSEMENTS ARE REPAYABLE ON DECEMBER 1979
THE NEXT $12,500,000 OF DISBURSEMENTS ARE REPAYABLE ON JUNE 1, 1980
THE NEXT $12,500,000 OF DISBURSEMENTS ARE REPAYABLE ON DECEMBER 1,
1980
THE NEXT $12,500,000 OF DISBURSEMENTS ARE REPAYABLE ON JUNE 1, 1981
THE NEXT $12,500,000 OF DISBURSEMENTS ARE REPAYABLE ON DECEMBER 1,
1981
THE NEXT $12,500,000 OF DISBURSEMENTS ARE REPAYABLE ON JUNE 1, 1982
THE NEXT $12,500,000 OF DISBURSEMENTS ARE REPAYABLE ON DECEMBER 1,
1982
THE NEXT $12,500,000 OF DISBURSEMENTS ARE REPAYABLE ON JUNE 1, 1983
THE NEXT $12,500,000 OF DISBURSEMENTS ARE REPAYABLE ON DECEMBER 1,
1983
THE NEXT $12,500,000 OF DISBURSEMENTS ARE REPAYABLE ON JUNE 1, 1984
THE NEXT $12,500,000 OF DISBURSEMENTS ARE REPAYABLE ON DECEMBER 1,
1984
THE NEXT $12,500,000 OF DISBURSEMENTS ARE REPAYABLE ON JUNE 1, 1985
THE NEXT $12,500,000 OF DISBURSEMENTS ARE REPAYABLE ON DECEMBER 1,
1985
THE NEXT $12,500,000 OF DISBURSEMENTS ARE REPAYABLE ON JUNE 1, 1986
THE NEXT $12,500,000 OF DISBURSEMENTS ARE REPAYABLE ON DECEMBER 1,
1986
THE NEXT $12,500,000 OF DISBURSEMENTS ARE REPAYABLE ON JUNE 1, 1987
THE NEXT $12,500,000 OF DISBURSEMENTS ARE REPAYABLE ON DECEMBER 1,
1987
THE NEXT $12,500,000 OF DISBURSEMENTS ARE REPAYABLE ON JUNE 1, 1988
THE NEXT $12,500,000 OF DISBURSEMENTS ARE REPAYABLE ON DECEMBER 1,
1988
THE NEXT $12,500,000 OF DISBURSEMENTS ARE REPAYABLE ON JUNE 1, 1989
THE NEXT $12,500,000 OF DISBURSEMENTS ARE REPAYABLE ON DECEMBER 1,
1989
THE NEXT $12,500,000 OF DISBURSEMENTS ARE REPAYABLE ON JUNE 1, 1990
THE NEXT $12,500,000 OF DISBURSEMENTS ARE REPAYABLE ON DECEMBER 1,
1990
THE NEXT $12,500,000 OF DISBURSEMENTS ARE REPAYABLE ON JUNE 1, 1991
THE NEXT $12,500,000 OF DISBURSEMENTS ARE REPAYABLE ON DECEMBER 1,
1991
THE NEXT $12,500,000 OF DISBURSEMENTS ARE REPAYABLE ON JUNE 1, 1992
THE NEXT $12,500,000 OF DISBURSEMENTS ARE REPAYABLE ON DECEMBER 1,
1992
THE NEXT $12,500,000 OF DISBURSEMENTS ARE REPAYABLE ON JUNE 1, 1993
THE NEXT $12,500,000 OF DISBURSEMENTS ARE REPAYABLE ON DECEMBER 1,
1993
THE NEXT $12,500,000 OF DISBURSEMENTS ARE REPAYABLE ON JUNE 1, 1994
THE NEXT $12,500,000 OF DISBURSEMENTS ARE REPAYABLE ON DECEMBER 1,
1994
THE NEXT $12,500,000 OF DISBURSEMENTS ARE REPAYABLE ON JUNE 1, 1995
THE LAST $12,500,000 OF DISBURSEMENTS ARE REPAYABLE ON DECEMBER 1,
1995
IRAN 5 DEC 1974 FLITE DOCUMENT NO. 7502431
AGREEMENT
FURNISHING OF FEDERAL CATALOG DATA AND CATALOGING SERVICES TO THE
GOVERNMENT OF IRAN BY THE GOVERNMENT OF THE UNITED STATES.
ASSISTANT SECRETARY OF DEFENSE
WASHINGTON, D.C. 20301
SS
INSTALLATIONS AND LOGISTICS
GENERAL H. TOUFANIAN
VICE MINISTER OF WAR
GOVERNMENT OF IRAN
IMPERIAL IRANIAN ARMED FORCES
HELICOPTER LOGISTICS DEPARTMENT
MEHRABAD AIRPORT ROAD
TEHRAN, IRAN
RE: FURNISHING OF FEDERAL CATALOG
DATA AND CATALOGING SERVICES TO
THE GOVERNMENT OF IRAN BY THE
GOVERNMENT OF THE UNITED STATES
DEAR GENERAL TOUFANIAN:
IN ACCORDANCE WITH SECTION 21 OF THE FOREIGN MILITARY SALES ACT, THE
DEFENSE LOGISTICS SERVICES CENTER HAS BEEN AUTHORIZED TO FURNISH TO THE
GOVERNMENT OF IRAN, THE FEDERAL CATALOG DATA AND CATALOGING SERVICES
SPECIFIED IN CHAPTER 8 (M-1-8), FEDERAL MANUAL FOR SUPPLY CATALOGING,
DATED FEBRUARY 1973, INCORPORATED HEREIN, AND BY THIS REFERENCE MADE A
PART HEREOF, AND ANY SUBSEQUENT REVISION, CHANGE, AND/OR ADDITION
THERETO, SUBJECT TO AVAILABILITY, SUBJECT TO FUTURE OPERATIONAL
REQUIREMENTS OF THE DEFENSE LOGISTICS SERVICES CENTER, AND SUBJECT TO
THE CONDITIONS SET FORTH BELOW:
A. THE GOVERNMENT OF THE UNITED STATES RESERVES THE RIGHT OF
CANCELLING ALL OR ANY PART OF THIS OFFER OR TRANSACTION HEREUNDER, AT
ANY TIME PRIOR TO DELIVERY, WHENEVER SUCH ACTION IS DEEMED NECESSARY IN
THE INTEREST OF THE UNITED STATES.
B. THE GOVERNMENT OF IRAN AGREES THAT IT WILL OBTAIN THE CONSENT OF
THE GOVERNMENT OF THE UNITED STATES PRIOR TO THE DISPOSITION OF, OR
TRANSFER OF POSSESSION OF THE MATERIALS AND INFORMATION FURNISHED UNDER
THIS AGREEMENT. THE GOVERNMENT OF IRAN AGREES THAT IT WILL NOT PERMIT
ACCESS TO TH INFORMATION FURNISHED EXCEPT TO ITS OWN AUTHORIZED
PERSONNEL. TO THE EXTENT THAT INFORMATION FURNISHED UNDER THIS
AGREEMENT MAY BE CLASSIFIED BY THE GOVERNMENT OF THE UNITED STATES FOR
SECURIT PURPOSES, THE GOVERNMENT OF IRAN AGREES TO MAINTAIN A SIMILAR
CLASSIFICATION AND TO EMPLOY AND MAINTAIN ALL MEASURES NECESSARY TO
PRESERVE SUCH SECURITY, EQUIVALENT TO THOSE EMPLOYED BY THE GOVERNMENT
OF THE UNITED STATES, THROUGHOUT A PERIOD COEQUAL WITH THAT DURING WHICH
THE GOVERNMENT OF THE UNITED STATES MAY MAINTAIN SECURITY MEASURES. IT
IS UNDERSTOOD AND AGREED THAT THE DISCLOSURE OF PATENTED AND UNPATENTED
INFORMATION UNDER THIS AGREEMENT DOES NOT CONVEY ANY PRIVATE RIGHTS
WHICH MAY EXIST IN SUCH INFORMATION AND THAT SUCH RIGHTS WILL BE
RESPECTED.
C. REQUESTS FOR FEDERAL CATALOG DATA AND CATALOGING SERVICES SHALL BE
PREPARED AND FORWARDED TO THE DEFENSE LOGISTICS SERVICES CENTER IN
ACCORDANCE WITH THE PROCEDURES CONTAINED IN CHAPTER 8 (M-1-8), FEDERAL
MANUAL FOR SUPPLY CATALOGING, DATED FEBRUARY 1973, INCORPORATED HEREIN
AND BY THIS REFERENCE MADE A PART HEREOF, AND ANY REVISION, CHANGE,
AND/OR ADDITION THERETO, AND/OR IN ACCORDANCE WITH ANY SPECIAL
INSTRUCTIONS FURNISHED TO THE GOVERNMENT OF IRAN FOR THIS PURPOSE BY TH
DEFENSE LOGISTICS SERVICES CENTER.
D. THE PRICES SET FORTH IN CHAPTER 8 (M-1-8), FEDERAL MANUAL FOR
SUPPLY CATALOGING, DATED FEBRUARY 1973, INCORPORATED HEREIN AND BY THIS
REFERENCE MADE A PART HEREOF, AND ANY REVISION, CHANGE, AND/OR ADDITION
THERETO, WILL BE CHARGED TO THE GOVERNMENT OF IRAN FOR THE FURNISHING OF
TH FEDERAL CATALOG DATA AND CATALOGING SERVICES AUTHORIZED UNDER THIS
AGREEMENT. THE PRICES QUOTED FO THE SERVICES AND DATA TO BE PROVIDED BY
THE DEFENSE LOGISTICS SERVICES CENTER ARE BASED ON THE AVERAGE MACHINE
AND PERSONNEL COSTS REQUIRED TO PROVIDE THE DATA AND/OR SERVICES AND ARE
SUBJECT TO CHANGE AS CONDITIONS CHANGE. THE GOVERNMENT OF THE UNITED
STATES AGREES TO GIVE THE GOVERNMENT OF IRAN A 60-DAY NOTICE PRIOR TO
EFFECTING A PRICE CHANGE IN THE COSTS CHARGED BY THE DEFENSE LOGISTIC
SERVICES CENTER.
E. REIMBURSEMENT IN UNITED STATES CURRENCY FOR FEDERAL CATALOG DATA
AND/OR CATALOGING SERVICES FURNISHED UNDER THIS AGREEMENT WILL BE MADE
DIRECTLY TO THE GOVERNMENT OF THE UNITED STATES. BILLINGS WILL BE MADE
TO THE IMPERIAL IRANIAN ARMED FORCES HELICOPTER LOGISTICS DEPARTMENT,
MEHRABA ROAD, TEHRAN, IRAN, ON A QUARTERLY BASIS AND WILL BE DUE AND
PAYABLE UPON RECEIPT.
IF THIS OFFER IS ACCEPTABLE TO THE GOVERNMENT OF IRAN, IT IS
REQUESTED THAT I BE SO INFORMED BY THE RETURN OF TWO COPIES OF THIS
LETTER BEARING THE SIGNATURE OF AN AUTHORIZED REPRESENTATIVE OF TH
GOVERNMENT OF IRAN, IN THE SPACE BELOW.
SINCERELY,
SIGNED
(ILLEGIBLE)
THE UNDERSIGNED, A DULY AUTHORIZED REPRESENTATIVE OF THE GOVERNMENT
OF IRAN, ACCEPTS ON BEHALF OF THE SAID GOVERNMENT THE TERMS AND
CONDITIONS SET FORTH ABOVE.
SIGNED
H. TOUFANIAN
GENERAL
VICE MINISTER OF WAR
IRAN 3 JUL 1973 FLITE DOCUMENT NO. 7502430
EXCHANGE OF NOTES
AMERICAN MILITARY AND NON-MILITARY TECHNICIANS TO ASSIST IN THE
MODERNIZATION PROGRAM OF THE IRANIAN ARMED FORCES.
DEPARTMENT OF STATE
DIVISION OF LANGUAGE SERVICES
(TRANSLATION)
LS NO.
36262
T-58/R-XVIII
PERSIAN
MINISTRY OF FOREIGN AFFAIRS
LEGAL DIVISION
NOTE NO. 18/1968
3/8/1352/CORRESPONDING TO 5/30/73/
EXCELLENCY:
I HAVE THE HONOR TO ACKNOWLEDGE RECEIPT OF YOUR NOTE NO. 363, DATED
MAY 24, 1973, ANNOUNCING THE ARRIVAL OF THE FIRST CONTINGENT OF AMERICAN
MILITARY AND NON-MILITARY TECHNICIANS TO ASSIST IN THE MODERNIZATION
PROGRAM OF THE IRANIAN ARMED FORCES. THESE PERSONNEL WILL BE ACCORDED
THE PRIVILEGES AND IMMUNITIES SPECIFIED IN THE MINISTRY'S NOTE NO. 9762
OF DECEMBER 9, 1964 AND THE AMERICAN EMBASSY'S NOTE NO. 282 OF THE SAME
DATE.
PLEASE ACCEPT, EXCELLENCY, THE ASSURANCES OF MY HIGHEST
CONSIDERATION.
FOR THE MINISTER OF FOREIGN AFFAIRS, ABBAS-ALI KHALATBARI
(ILLEGIBLE SIGNATURE)
HIS EXCELLENCY RICHARD HELMS
AMBASSADOR OF THE UNITED STATES OF AMERICA
TEHRAN
(TEXT ILLEGIBLE)
DATED JUL 3, 1973
SIGNED
TEHRAN A-103
ENCLOSURE NO. 1
JUNE 12, 1973
TEHRAN, MAY 24, 1973
NO. 363
EXCELLENCY:
I HAVE THE HONOR TO ANNOUNCE THAT THE FIRST CONTINGENT OF AMERICAN
MILITARY AND NON-MILITARY TECHNICIANS REQUESTED BY YOUR GOVERNMENT TO
ASSIST IN THE MODERNIZATION PROGRAM OF THE IMPERIAL IRANIAN ARMED FORCES
HAS ARRIVED IN IRAN. DURING RECENT WEEKS THERE HAVE BEEN DISCUSSIONS
BETWEEN REPRESENTATIVES OF THE MINISTRY OF WAR OF THE IMPERIAL
GOVERNMENT OF IRAN AND THE STAFF OF THIS MISSION CONCERNING THE DETAILED
ARRANGEMENTS UNDER WHICH THE TECHNICIANS ARE TO BE ASSIGNED TO IRAN
IT IS THE UNDERSTANDING OF MY GOVERNMENT THAT, IN ACCORDANCE WITH
IRANIAN LAW AND AGREEMENTS IN FORCE BETWEEN THE GOVERNMENT OF IRAN AND
THE GOVERNMENT OF THE UNITED STATES, THESE PERSONNEL WILL BE ACCORDED
THE PRIVILEGES AND IMMUNITIES SPECIFIED IN THE NOTE OF THE IMPERIAL
MINISTRY OF FOREIGN AFFAIRS NO. 9762 OF DECEMBER 9, 1964, AND THE NOTE
OF THIS EMBASSY NO. 282 OF THE SAME DATE.
I WOULD APPRECIATE YOUR CONFIRMATION THAT THIS IS ALSO THE
UNDERSTANDING OF THE IMPERIAL GOVERNMENT OF IRAN.
PLEASE ACCEPT, EXCELLENCY, THE ASSURANCES OF MY HIGHEST
CONSIDERATION.
HIS EXCELLENCY
ABBAS-ALI KHALATBARI
MINISTAR FOR FOREIGN AFFAIRS
TEHRAN
(TEXT ILLEGIBLE)
5 JUNE 1973
SIGNED
ARLENE RENDER
VICE COUNSUL OF THE UNITED STATES OF AMERICA
INDONESIA 28 JUN 1974 FLITE DOCUMENT NO. 7502429
CREDIT AGREEMENT
PURCHASE ARRANGEMENT BETWEEN THE GOVERNMENT OF INDONESIA AND THE
GOVERNMENT OF THE UNITED STATES OF AMERICA FOR THE PURCHASE OF DEFENSE
ARTICLES AND SERVICES
CREDIT AGREEMENT, MADE AND ENTERED INTO THE 28TH DAY OF JUNE, 1974,
BETWEEN THE GOVERNMENT OF INDONESIA, REPRESENTED BY ITS HANKAM MINISTRY,
AND THE GOVERNMENT OF THE UNITED STATES OF AMERICA, REPRESENTED BY THE
DEPARTMENT OF DEFENSE OF THE UNITED STATES OF AMERICA.
WITNESSETH
WHEREAS, THE GOVERNMENT OF INDONESIA (HEREINAFTER SOMETIMES REFERRED
TO AS THE "BORROWER") DESIRE TO ENTER INTO PURCHASE CONTRACTS
(HEREINAFTER REFERRED TO AS "PURCHASE ARRANGEMENTS") WITH THE MILITARY
DEPARTMENTS AND AGENCIES OF THE UNITED STATES DEPARTMENT OF DEFENSE
(HEREINAFTER REFERRED TO AS "DOD") AND/OR VARIOUS UNITED STATES
COMMERCIAL SUPPLIERS FOR THE PURCHASE OF DEFENSE ARTICLES AND SERVICES
OF UNITED STATES ORIGIN (HEREINAFTER COLLECTIVELY REFERRED TO AS
"DEFENSE ITEMS"); AND
WHEREAS, THE BORROWER HAS REQUESTED THE GOVERNMENT OF THE UNITED
STATES OF AMERICA (HEREINAFTER SOMETIMES REFERRED TO AS THE "LENDER") TO
FINANCE PAYMENTS REQUIRED TO BE MADE BY THE BORROWER UNDE THE PURCHASE
ARRANGEMENTS; AND
WHEREAS, THE AFORESAID REQUESTED CREDIT WILL FACILITATE THE PURPOSES
OF THE UNITED STATES FOREIGN MILITARY SALES ACT, AS AMENDED;
NOW THEREFORE, IN CONSIDERATION OF THE PREMISE AND THE MUTUAL
COVENANTS HEREINAFTER SET FORTH, AN IN IMPLEMENTATION OF, AND SUBJECT TO
THE PROVISIONS OF THE MUTUAL DEFENSE ASSISTANCE AGREEMENT BETWEEN THE
GOVERNMENT OF INDONESIA AND THE GOVERNMENT OF THE UNITED STATES OF
AMERICA, DATED 13 AUGUST 1958, AS AMENDED AND SUPPLEMENTED, THE PARTIES
HERETO AGREE AS FOLLOWS:
1. SUBJECT TO THE TERMS AND CONDITIONS HEREOF, THE LENDER AGREES TO
MAKE LOANS TO THE BORROWER FROM TIME TO TIME IN AN AGGREGATE PRINCIPAL
AMOUNT UP TO BUT NOT EXCEEDING $3,500,000 (HEREINAFTER CALLED THE
"COMMITMENT").
2. THE AFORESAID COMMITMENT SHALL BE AVAILABLE ONLY TO FINANCE THE
PURCHASE OF DEFENSE ITEMS BY THE BORROWER PURSUANT TO PURCHASE
ARRANGEMENTS AUTHORIZED FOR SUCH FINANCING DOD WHICH ARE ENTERED INTO BY
THE BORROWER ON OR BEFORE 30 JUNE, 1975. EACH AUTHORIZATION FOR THE
BORROWER TO ENTER INTO A PURCHASE ARRANGEMENT IN IMPLEMENTATION OF THIS
CREDIT AGREEMENT SHALL BE SEPARATELY COMMUNICATED BY DOD IN WRITING TO
THE BORROWER, WHICH AUTHORIZATION SHALL SPECIFY THE DEFENSE ITEMS AND
THE AMOUNT OF CREDIT AUTHORIZED FOR THE PURCHASE ARRANGEMENT. THE
BORROWER SHALL INCORPORATE INTO EACH SUCH PURCHASE ARRANGEMENT WITH
COMMERCIAL SUPPLIERS THE PROVISIONS OF ANNEX A HERETO AND ATTACH AS AN
EXHIBIT TO THE PURCHASE ARRANGEMENT A TRUE COPY OF THE APPLICABLE
AFORESAID AUTHORIZATION AND OF PARAGRAPH 9 OF THIS CREDIT AGREEMENT.
3. EACH LOAN HEREUNDER BY THE LENDER SHALL BE MADE IN ACCORDANCE
WITH THE FOLLOWING PROCEDURES:
(A) EACH LOAN SHALL BE MADE ON SUCH DATE (HEREINAFTER REFERRED TO AS
A "DISBURSEMENT DATE") AS MAY BE DESIGNATED BY THE BORROWER FROM TIME TO
TIME UPON TEN (10) DAYS WRITTEN NOTICE BY THE BORROWER TO THE LENDER.
(B) EACH NOTICE SHALL SPECIFY THE AMOUNT OF THE LOAN TO BE MADE BY
THE LENDER ON THE DISBURSEMEN DATE, AND SHALL SPECIFY THE SUPPLIER OR
SUPPLIERS (INCLUDING THE MILITARY DEPARTMENTS OR AGENCIES O DOD) TO WHOM
THE DISBURSEMENT IS TO BE REMITTED BY THE LENDER.
(C) EACH NOTICE SHALL BE PREPARED IN QUADRUPLICATE ON U.S. STANDARD
FORM 1034 AND SHALL BE SENT TO THE COMPTROLLER, DEFENSE SECURITY
ASSISTANCE AGENCY, THE PENTAGON, WASHINGTON, D.C. 20301.
(D) IN THE CASE OF DISBURSEMENTS REQUESTED TO BE MADE TO COMMERCIAL
SUPPLIERS, THE INVOICES SHAL BE PREPARED IN ACCORDANCE WITH THE
PROCEDURE SET FORTH IN ANNEX A HERETO.
(E) IN THE CASE OF DISBURSEMENTS REQUESTED TO BE MADE TO THE MILITARY
DEPARTMENTS AND AGENCIES O DOD, THE NOTICES SHALL HAVE ANNEXED THERETO
COPIES OF THE PAYMENT REQUEST RECEIVED BY THE BORROWER FROM SUCH
MILITARY DEPARTMENT OR AGENCY AGAINST WHICH DISBURSEMENT IS REQUESTED.
(F) WITH EACH NOTICE, THE BORROWER SHALL CONCURRENTLY TRANSMIT TO THE
LENDER AT THE ADDRESS SET FORTH IN SUBPARAGRAPH (C) ABOVE OF THIS
PARAGRAPH A PROMISSORY NOTE SUBSTANTIALLY IN THE FORM OF ANNEX B HERETO
(WITH THE BLANKS APPROPRIATELY FILLED IN) RECITING THE OBLIGATION OF THE
BORROWER TO REPAY THE AMOUNT OF SUCH LOAN WITH INTEREST THEREON AS
HEREINAFTER SET FORTH. (THE PROMISSORY NOTE HEREINABOVE REFERRED TO ARE
HEREINAFTER CALLED THE "NOTES" AND INDIVIDUALLY A "NOTE").
4.(A) ALL OCEAN TRANSPORTATION OF THE DEFENSE ARTICLES SHALL BE ON
VESSELS OF UNITED STATES REGISTRY. THE GOVERNMENT OF THE UNITED STATES
WILL GIVE SYMPATHETIC CONSIDERATION ON A CASE-BY-CAS BASIS TO REQUESTS
BY THE BORROWER JUSTIFYING SHIPMENT ON VESSELS OF THE REGISTRY OF THE
BORROWER. CONSIDERATION WILL BE GIVEN TO SECURITY REQUIREMENTS OF THE
BORROWER TO ASSURE SAFE ARRIVAL.
(B) THE BORROWER OR ITS COMMERCIAL SUPPLIERS SHALL BE RESPONSIBLE FOR
OBTAINING SUCH EXPORT LICENSES AS MAY BE NECESSARY FOR DEFENSE ITEMS
FINANCED HEREUNDER.
5. THIS AGREEMENT EVIDENCES THE LEGAL AND BINDING OBLIGATION OF THE
BORROWER TO MAKE REPAYMENTS TO THE LENDER FOR DISBURSEMENTS MADE BY THE
LENDER IN ACCORDANCE WITH THE TERMS HEREOF. THE LENDER MAY SELL OR
ASSIGN, IN WHOLE OR IN PART, ITS RIGHTS TO SAID REPAYMENTS AND MAY, WITH
RESPECT TO SUC SALE OR ASSIGNMENT, GUARANTEE PAYMENT OF THE SAME.
6.(A) THE BORROWER SHALL REPAY THE DISBURSEMENTS MADE BY THE LENDER
IN ACCORDANCE WITH THE PRINCIPAL REPAYMENT SCHEDULE SET FORTH IN ANNEX C
HERETO, AND SHALL PAY INTEREST SEMIANNUALLY ON 1 JANUARY AND 1 JULY
COMMENCING 1 JANUARY 1975, AT THE RATE OF SEVEN AND SEVEN-EIGHTS PERCENT
(7 7/8% PER ANNUM, USING A 365 DAY FACTOR, ON THE AMOUNT BY WHICH FROM
TIME TO TIME CUMULATIVE DISBURSEMENT EXCEED CUMULATIVE REPAYMENTS OF
PRINCIPAL.
(B) IF ON ANY INSTALLMENT REPAYMENT DATE SET FORTH IN THE PRINCIPAL
REPAYMENT SCHEDULE THE BORROWER SHALL NOT HAVE AVAILED ITSELF OF THE
COMMITMENT OF THE LENDER IN AN AGGREGATE AMOUNT (LESS REPAYMENTS
PREVIOUSLY MADE) EQUAL TO THE AGGREGATE INSTALLMENT OF PRINCIPAL WHICH
IS REPAYABLE ON SUCH DATE TO THE LENDER, THE BORROWER SHALL, ON SUCH
INSTALLMENT DATE, REPAY TO THE LENDER THE FULL AMOUNT (LESS REPAYMENTS
PREVIOUSLY MADE) TO WHICH IT HAS AVAILED ITSELF OF THE COMMITMENT OF THE
LENDER TO SUCH DATE, TOGETHER WITH THE INTEREST ACCRUED THEREON. IF AT
ANY TIME THEREAFTER THE BORROWER SHALL AVAIL ITSELF OF THE COMMITMENT OF
THE LENDER IN AN AMOUNT WHICH WOULD HAVE BEEN PAYABLE ON A PRIOR
INSTALLMENT REPAYMENT DATE BUT FOR THE PROVISIONS OF THE IMMEDIATELY
PRECEDING SENTENCE, SUCH AMOUNT, TOGETHER WITH THE INTEREST ACCRUED
THEREON, SHALL BE REPAYABLE ON THE NEXT SUCCEEDING INSTALLMENT DATE OF
THE PRINCIPAL REPAYMENT SCHEDULE OCCURRING AFTER THE DISBURSEMENT OF
SUCH AMOUNT AND THE SAID AGGREGATE INSTALLMENT OF PRINCIPAL REPAYABLE
UNDER THE PRINCIPAL REPAYMENT SCHEDULE TO THE LENDER ON THAT DATE SHALL
BE INCREASED BY SUCH AMOUNT.
(C) IF BY THE DATE SPECIFIED IN PARAGRAPH 2 ABOVE, THE BORROWER SHALL
NOT HAVE ENTERED INTO AUTHORIZED PURCHASE ARRANGEMENTS IN AN AGGREGATE
AMOUNT EQUAL TO THE ENTIRE AMOUNT OF THE COMMITMENT, THE INSTALLMENTS OF
PRINCIPAL REPAYABLE TO THE LENDER SET FORTH IN THE PRINCIPAL REPAYMENT
SCHEDULE SHALL BE REDUCED IN THE INVERSE ORDER OF THE MATURITY THEREOF
TO THE EXTENT OF THE UNUSED BALANCE OF THE COMMITMENT.
(D) WHENEVER ANY REPAYMENT TO BE MADE BY THE BORROWER SHALL BE DUE ON
A SATURDAY, SUNDAY, OR PUBLIC HOLIDAY UNDER THE LAWS OF THE LENDER, SUCH
REPAYMENT MAY BE MADE ON THE NEXT SUCCEEDING BUSINESS DAY, AND SUCH
EXTENSION OF TIME SHALL IN SUCH CASE BE INCLUDED IN COMPUTING INTEREST
IN CONNECTION WITH SUCH REPAYMENT BUT EXCLUDED FROM THE NEXT INTEREST
PERIOD.
(E) THE BORROWER MAY PREPAY THE CREDIT EXTENDED UNDER THIS AGREEMENT
IN PART OR IN FULL ON ANY INTEREST PAYMENT DATE WITHOUT PENALTY OR
PREMIUM, BUT SUCH PREPAYMENT MUST BE ACCOMPANIED BY PAYMEN OF INTEREST
ON THE AMOUNT PREPAID TO THE DATE OF PREPAYMENT AND MUST BE APPLIED TO
THE SATISFACTION OF INSTALLMENTS OF PRINCIPAL REPAYMENTS IN THE INVERSE
ORDER OF THEIR MATURITIES.
(F) ALL REPAYMENTS BY THE BORROWER ON ACCOUNT OF PRINCIPAL OR
INTEREST SHALL BE IN LAWFUL MONEY OF THE UNITED STATES OF AMERICA AND IN
IMMEDIATELY AVAILABLE FUNDS, FREE AND CLEAR OF, AND WITHOUT DEDUCTION
FOR, ANY AND ALL TAXES, LEVIES, IMPOSTS, DEDUCTIONS AND WITHHOLDINGS
WHATSOEVER IMPOSED, LEVIED, COLLECTED OR ASSESSED WITH RESPECT THERETO
BY ANY CENTRAL OR LOCAL AUTHORITY OF INDONESIA.
7.(A) THE NOTES SHALL BE FURTHER EVIDENCE OF THE OBLIGATION OF THE
BORROWER TO REPAY THE LOANS MADE HEREUNDER. EACH NOTE SHALL BE DATED
THE PARTICULAR DISBURSEMENT DATE OF THE LOAN WHICH SUCH NOTE EVIDENCES,
SHALL BE PAYABLE TO THE ORDER OF THE GOVERNMENT OF THE UNITED STATES IN
THE PRINCIPAL AMOUNT OF SUCH DISBURSEMENT, AND SHALL BEAR INTEREST ON
THE UNPAID PRINCIPAL AMOUNT THEREOF AS PROVIDED IN PARAGRAPH 6(A).
(B) THE NOTES SHALL BE COMPLETED BY THE BORROWER IN SUCH A MANNER
THAT REPAYMENT OF SUCH LOANS SHALL BE MADE IN THE ORDER OF THEIR
DISBURSEMENT, UTILIZING THE PRINCIPAL REPAYMENT SCHEDULE SET FORTH IN
ANNEX C (AS THE SAME MAY BE ADJUSTED IN ACCORDANCE WITH PARAGRAPHS 6(B)
AND (C) HEREOF), AND, IN DETERMINING WHETHER A PARTICULAR LOAN IS
REPAYABLE IN ONE OR MORE INSTALLMENTS, UTILIZING A PARTICULAR
INSTALLMENT PAYMENT DATE ONLY AFTER THE FULL UTILIZATION OF THE NEXT
PRECEDING INSTALLMENT DATE.
(C) EACH NOTE SHALL BE SIGNED ON BEHALF OF THE BORROWER BY THE
DEFENSE ATTACHE OF THE EMBASSY OF INDONESIA, 2020 MASSACHUSETTS AVENUE,
N.W., WASHINGTON, D.C. 20036.
8.(A) THE BORROWER REPRESENTS AND WARRANTS THAT THE MAKING AND
PERFORMANCE OF THIS AGREEMENT HAV BEEN DULY AUTHORIZED IN ACCORDANCE
WITH THE LAWS OF INDONESIA AND SHALL FURNISH TO THE LENDER UPON REQUEST
EVIDENCE, SATISFACTORY TO THE LENDER, OF THE AUTHORITY OF THE PERSON OR
PERSONS WHO HAVE SIGNED THIS AGREEMENT ON BEHALF OF THE BORROWER AND OF
THE PERSON OR PERSONS WHO WILL SIGN THE NOTE PROVIDED FOR HEREIN ON
BEHALF OF THE BORROWER, TOGETHER WITH THE AUTHENTICATED SPECIMEN
SIGNATURE, IN DUPLICATE, OF EACH OF THE LATTER.
(B) THIS AGREEMENT SHALL INURE TO THE BENEFIT OF THE HOLDERS OF THE
NOTES, THEIR RESPECTIVE SUCCESSORS AND ASSIGNS. THIS AGREEMENT AND THE
NOTES SHALL BE DEEMED TO BE CONTRACTS UNDER THE LAW OF THE DISTRICT OF
COLUMBIA AND FOR ALL PURPOSES SHALL BE CONSTRUED IN ACCORDANCE WITH SAID
LAW. THE BORROWER AGREES THAT JURISDICTION MAY BE TAKEN BY COURTS IN
THE DISTRICT OF COLUMBIA WITH RESPECT TO MATTERS INVOLVING ANY NOTE,
PROVIDED SUCH NOTE IS HELD BY AN INDIVIDUAL, PARTNERSHIP, CORPORATION,
OR OTHER PRIVATE LEGAL ENTITY.
(C) THE BORROWER SHALL IN ALL CASES PAY WHEN AND AS DUE THE PRINCIPAL
OF AND INTEREST ON ALL NOTES ISSUED HEREUNDER, NOTWITHSTANDING ANY
CLAIMS WHICH THE BORROWER MAY NOW OR HEREAFTER HAVE AGAINST ANY SUPPLIER
OF THE DEFENSE ITEMS, DOD, THE LENDER, OR ANY OTHER PERSON OR ENTITY IN
CONNECTION WITH ANY OTHER TRANSACTION, FOR ANY REASON WHATSOEVER.
9. UPON THE OCCURRENCE OF ANY OF THE FOLLOWING EVENTS OF DEFAULT:
(A) IF THE BORROWER FAILS FOR A PERIOD OF TEN (10) DAYS TO MAKE ANY
PAYMENT OF PRINCIPAL OF, OR INTEREST ON, ANY NOTE WHEN DUE;
(B) IF ANY REPRESENTATION OR WARRANTY MADE BY THE BORROWER HEREIN OR
ANY CERTIFICATE FURNISHED B THE BORROWER PURSUANT HERETO PROVES TO BE AT
ANY TIME INCORRECT IN ANY MATERIAL RESPECT; OR
(C) IF THE BORROWER DEFAULTS IN THE PERFORMANCE OF ANY OTHER TERM,
COVENANT OR UNDERTAKING CONTAINED IN THIS CREDIT AGREEMENT, AND SUCH
DEFAULT SHALL CONTINUE UNREMEDIED FOR 30 DAYS AFTER WRITTEN NOTIFICATION
THEREOF SHALL HAVE BEEN GIVEN TO THE BORROWER BY THE LENDER;
THEN, AND IN ANY SUCH EVENT, THE HOLDER OF ANY NOTE MAY DECLARE
IMMEDIATELY DUE AND PAYABLE THE UNPAID PRINCIPAL OF, AND ACCRUED
INTEREST ON, ANY OR ALL NOTES HELD BY SUCH HOLDER AND SUCH AMOUNTS SHALL
BECOME IMMEDIATELY DUE AND PAYABLE WITHOUT PROTEST, PRESENTMENT, NOTICE
OR OTHER DEMAND OF AN KIND, ALL OF WHICH ARE HEREBY EXPRESSLY WAIVED BY
THE BORROWER, AND THE LENDER MAY TERMINATE ITS COMMITMENT HEREUNDER.
10. ALL COMMUNICATIONS AND OTHER DOCUMENTS REQUIRED OR PERMITTED
HEREUNDER, UNLESS SUBMITTED IN THE ENGLISH LANGUAGE, SHALL BE
ACCOMPANIED BY ONE ENGLISH TRANSLATION FOR EACH COPY OF SUCH DOCUMENTS
TO BE FURNISHED AND, IN THE EVENT OF CONFLICT, THE ENGLISH VERSION SHALL
GOVERN. EXCEPT AS OTHERWISE PROVIDED HEREIN, ALL NOTICES, REQUESTS OR
DEMANDS HEREUNDER SHALL BE DEEMED TO HAVE BEEN GIVEN OR MADE UPON THE
MAILING OF THE SAME, POSTAGE PREPAID, OR IN THE CASE OF TELEGRAPHIC
NOTICE, ON DELIVERY TO THE TELEGRAPHIC COMPANY, ADDRESSED IN THE CASE OF
THE BORROWER, TO EMBASSY O INDONESIA, 2020 MASSACHUSETTS AVENUE, N.W.,
WASHINGTON, D.C. 20036, AND IN THE CASE OF THE LENDER T THE DIRECTOR,
DEFENSE SECURITY ASSISTANCE AGENCY, THE PENTAGON, WASHINGTON, D.C.
20301.
11. THIS AGREEMENT MAY BE EXECUTED IN ANY NUMBER OF COUNTERPARTS AND
BY THE PARTIES HERETO ON SEPARATE COUNTERPARTS, EACH OF WHICH SHALL BE
DEEMED AN ORIGINAL BUT ALL SUCH COUNTERPARTS TO CONSTITUTE ONE AND THE
SAME INSTRUMENT.
12. ANNEXES A THROUGH C ATTACHED HERETO ARE, BY THIS REFERENCE, MADE
A PART OF THIS AGREEMENT.
IN WITNESS WHEREOF, THE PARTIES HERETO HAVE DULY EXECUTED THIS
AGREEMENT 28TH DAY OF JUNE 1974.
GOVERNMENT OF INDONESIA
SIGNED
BY ABDUL HABIR
CHARGE D' AFFAIRES
EMBASSY OF INDONESIA
IN WASHINGTON, D.C.
GOVERNMENT OF THE UNITED STATES OF AMERICA
SIGNED
BY RAY PEET, VICE ADMIRAL, USN
DIRECTOR, DEFENSE SECURITY
ASSISTANCE AGENCY
ANNEX A AND A2
PAYMENT PROCEDURES
THE FOLLOWING PROCEDURES AND CONDITIONS SHALL BE ADHERED TO PRIOR TO
EACH DISBURSEMENT TO BE MADE BY THE GOVERNMENT OF THE UNITED STATES FOR
THE ACCOUNT OF THE GOVERNMENT OF __________.
1. THE SUPPLIER SHALL PREPARE AND SUBMIT TO THE DESIGNATED
REPRESENTATIVES OF THE GOVERNMENT OF __________ IN WASHINGTON, D.C.
INVOICES ON U.S. STANDARD FORM 1034 IN SUFFICIENT NUMBER OF COPIES T
PERMIT THE FORWARDING OF FOUR COPIES TO THE DISBURSING OFFICER
DESIGNATED IN PARAGRAPH 5 BELOW.
2. THE SUPPLIER SHALL INSURE THAT EACH INVOICE IS IN ACCORDANCE WITH
RELEVANT PROVISIONS OF ITS PURCHASE ARRANGEMENT WITH THE GOVERNMENT OF
__________.
3. THE SUPPLIER SHALL ATTACH TO EACH INVOICE A STATEMENT THAT
AUTHORIZED REPRESENTATIVES OF THE GOVERNMENT OF THE UNITED STATES SHALL,
UNTIL THE EXPIRATION OF THREE YEARS AFTER FINAL PAYMENT HEREUNDER, HAVE
ACCESS TO AND THE RIGHT TO EXAMINE ANY DIRECTLY RELATED PERTINENT BOOKS,
DOCUMENTS, PAPERS AND RECORDS OF THE SUPPLIER INVOLVING TRANSACTIONS
RELATING TO THE AFORESAID PURCHASE ARRANGEMENT.
4. TO TH EXTENT THAT ANY INVOICE REQUESTS PAYMENT OF ADVANCES, AS
DISTINGUISHED FROM PAYMENT FOR DELIVERY OF DEFENSE ITEMS OR
REIMBURSEMENT IN THE FORM OF PROGRESS PAYMENTS FOR WORK OR SERVICES
PERFORMED, THE SUPPLIER SHALL ATTACH TO THE INVOICE A STATEMENT SETTING
FORTH THE UNDERTAKING OF TH SUPPLIER THAT THE FULL AMOUNT OF THE ADVANCE
WILL BE MAINTAINED BY THE SUPPLIER IN A SEGREGATED ACCOUNT WHICH WILL BE
APPLIED SOLELY TO THE PERFORMANCE OF THE SUPPLIER'S OBLIGATIONS UNDER
THE PURCHASE ARRANGEMENT.
5. THE DESIGNATED REPRESENTATIVE OF THE GOVERNMENT OF __________ IN
WASHINGTON, D.C. SHALL FORWARD SUCH INVOICES TO THE COMPTROLLER, DEFENSE
SECURITY ASSISTANCE AGENCY, THE PENTAGON, WASHINGTON, D.C. 20301.
6. EACH INVOICE SHALL BE ACCOMPANIED BY A CERTIFICATION OF THE
GOVERNMENT OF __________ AS FOLLOWS:
"THE GOVERNMENT OF __________ CONFIRMS (THAT THE DEFENSE ITEMS SET
FORTH HEREIN HAVE BEEN SATISFACTORILY RECEIVED BY OR FOR THE GOVERNMENT
OF __________) (THAT THE WORK OR SERVICES FOR WHIC PROGRESS PAYMENTS ARE
REQUESTED HAVE BEEN SATISFACTORILY RENDERED) (THAT PAYMENT IS OTHERWISE
DUE) UNDER ITS PURCHASE ARRANGMENT OF __________ FOR THE PURCHASE OF
DEFENSE ITEMS FROM SUPPLIER, AND CERTIFIES THAT THE BILL IS CORRECT AND
JUST AND THAT PAYMENT THEREFOR HAS NOT BEEN MADE. PAYMENT O THIS
INVOICE IS REQUESTED BY THE MINISTRY OF DEFENSE OF THE GOVERNMENT OF
__________ PURSUANT TO TH TERMS OF THE CREDIT AGREEMENT OF __________
BETWEEN THE __________ OF THE GOVERNMENT OF __________ AND THE
GOVERNMENT OF THE UNITED STATES OF AMERICA. THE GOVERNMENT OF
__________ CONFIRMS THAT SAI PURCHASE ARRANGEMENT IS ONE OF THE PURCHASE
ARRANGEMENTS AUTHORIZED BY THE DEPARTMENT OF DEFENSE OF THE UNITED
STATES OF AMERICA PURSUANT TO THE AFORESAID CREDIT AGREEMENT OF
__________ AND FURTHER CONFIRMS THAT THE CUMULATIVE TOTAL OF THIS
INVOICE AND INVOICES PREVIOUSLY PAID BY THE GOVERNMENT O THE UNITED
STATES AGAINST SAID PURCHASE ARRANGEMENT DOES NOT EXCEED THE AGGREGATE
CREDIT CEILING ESTABLISHED BY THE GOVERNMENT OF THE UNITED STATES FOR
THE SAID PURCHASE ARRANGEMENT.
GOVERNMENT OF __________
BY (NAME TYPED)
(TITLE)
ANNEX B AND B2
PROMISSORY NOTE
U.S. $__________, WASHINGTON, D.C.
FOR VALUE RECEIVED, THE UNDERSIGNED, THE GOVERNMENT OF __________
(HEREIN CALLED "__________"), HEREBY PROMISES TO PAY TO THE ORDER OF THE
GOVERNMENT OF THE UNITED STATES OF AMERICA (HEREIN CALLE "UNITED
STATES") THE PRINCIPAL SUM OF __________ UNITED STATES DOLLARS (U.S.
$__________) AS FOLLOWS:
TOGETHER WITH INTEREST ON ANY AND ALL AMOUNTS REMAINING UNPAID
HEREUNDER FROM TIME TO TIME FROM THE DATE HEREOF UNTIL THIS NOTE SHALL
BE PAID IN FULL, PAYABLE SEMIANNUALLY ON __________ AND __________ OF
EACH YEAR FROM DATE HEREOF AT THE RATE OF __________ PERCENT PER ANNUM
(_____%) USING 365 DAY FACTOR, BOTH PRINCIPAL AND INTEREST TO BE PAYABLE
IN LAWFUL MONEY OF THE UNITED STATES OF AMERICA AT THE OFFICE OF THE
COMPTROLLER, DEFENSE SECURITY ASSISTANCE AGENCY, ATTN: FINANCIAL POLICY
AND CONTROL DIVISION, THE PENTAGON, WASHINGTON, D.C. 20301. ALL
PAYMENTS MADE ON ACCOUNT OF THE PRINCIPAL AMOUNT REMAINING UNPAID
HEREUNDER SHALL BE ENDORSED BY THE HOLDER ON THE REVERSE SIDE OF THIS
NOTE.
WHENEVER ANY PAYMENT TO BE MADE SHALL BE DUE ON A SATURDAY, SUNDAY,
OR A PUBLIC HOLIDAY UNDER THE LAWS OF THE GOVERNMENT OF THE UNITED
STATES, SUCH PAYMENT MAY BE MADE ON THE NEXT SUCCEEDING BUSINESS DAY,
AND SUCH EXTENSION OF TIME SHALL IN SUCH CASE BE INCLUDED IN COMPUTING
INTEREST IN CONNECTION WITH SUCH PAYMENT BUT EXCLUDED FROM THE NEXT
INTEREST PERIOD.
THIS NOTE MAY BE PREPAID ON ANY INTEREST PAYMENT DATE. PREPAYMENTS
SHALL BE APPLIED TO THE INSTALLMENTS HEREOF IN THE REVERSE ORDER OF
THEIR MATURITY. ALL PAYMENTS OF PRINCIPAL AND INTEREST ON THIS NOTE ARE
PAYABLE IN LAWFUL MONEY OF THE UNITED STATES OF AMERICA AND IN
IMMEDIATELY AVAILABLE FUNDS, FREE AND CLEAR OF, AND WITHOUT DEDUCTION
FOR, ANY TAXES, LEVIES, IMPOSTS, DEDUCTIONS, AND WITHHOLDINGS WHATSOEVER
NOW OR HEREAFTER IMPOSED, LEVIED, COLLECTED OR ASSESSED WIT RESPECT
THERETO BY ANY CENTRAL OR LOCAL AUTHORITY OF __________ AND SHALL BE
PAID FREE FROM ALL RESTRICTIONS OF ANY CENTRAL OR LOCAL AUTHORITY OF
__________.
THE GOVERNMENT OF __________ AGREES TO PAY ALL OUT-OF-POCKET COSTS
AND EXPENSES IN CONNECTION WIT COLLECTION AFTER DEFAULT OF THIS NOTE
(INCLUDING THE REASONABLE FEES AND OUT-OF-POCKET EXPENSES OF COUNSEL) AS
WELL AS ALL STAMP AND SIMILAR TAXES, IF ANY, NOW OR HEREAFTER IN EFFECT,
AND TO SAVE TH HOLDER OF THE NOTE HARMLESS FROM ANY AND ALL LIABILITIES
WITH RESPECT TO OR RESULTING FROM ANY DELA OR OMISSION TO PAY SUCH
TAXES.
GOVERNMENT OF __________
BY (NAME TYPED)
(TITLE)
PRINCIPAL REPAYMENT SCHEDULE
THE FIRST $218,750 OF DISBURSEMENTS ARE REPAYABLE ON 1 JANUARY 1975
THE NEXT $218,750 OF DISBURSEMENTS ARE REPAYABLE ON 1 JULY 1975
THE NEXT $218,750 OF DISBURSEMENTS ARE REPAYABLE ON 1 JANUARY 1976
THE NEXT $218,750 OF DISBURSEMENTS ARE REPAYABLE ON 1 JULY 1976
THE NEXT $218,750 OF DISBURSEMENTS ARE REPAYABLE ON 1 JANUARY 1977
THE NEXT $218,750 OF DISBURSEMENTS ARE REPAYABLE ON 1 JULY 1977
THE NEXT $218,750 OF DISBURSEMENTS ARE REPAYABLE ON 1 JANUARY 1978
THE NEXT $218,750 OF DISBURSEMENTS ARE REPAYABLE ON 1 JULY 1978
THE NEXT $218,750 OF DISBURSEMENTS ARE REPAYABLE ON 1 JANUARY 1979
THE NEXT $218,750 OF DISBURSEMENTS ARE REPAYABLE ON 1 JULY 1979
THE NEXT $218,750 OF DISBURSEMENTS ARE REPAYABLE ON 1 JANUARY 1980
THE NEXT $218,750 OF DISBURSEMENTS ARE REPAYABLE ON 1 JULY 1980
THE NEXT $218,750 OF DISBURSEMENTS ARE REPAYABLE ON 1 JANUARY 1981
THE NEXT $218,750 OF DISBURSEMENTS ARE REPAYABLE ON 1 JULY 1981
THE NEXT $218,750 OF DISBURSEMENTS ARE REPAYABLE ON 1 JANUARY 1982
THE LAST $218,750 OF DISBURSEMENTS ARE REPAYABLE ON 1 JULY 1982
ICELAND 6 MAY 1949 FLITE DOCUMENT NO. 7502428
EXCHANGE OF NOTES
CONCERNING FURTHER IMPLEMENTATION OF THE AGREEMENT OF OCTOBER 7, 1946
AMERICAN LEGATION,
REYKJAVIK, ICELAND,
MAY 6, 1949.
HIS EXCELLENCY
BJARNI BENEDIKTSSON,
MINISTER FOR FOREIGN AFFAIRS,
REYKJAVIK
NO. 54
EXCELLENCY:
I HAVE THE HONOR TO REFER TO CONVERSATIONS WHICH HAVE TAKEN PLACE
BETWEEN REPRESENTATIVES OF OUR GOVERNMENTS CONCERNING FURTHER
IMPLEMENTATION OF THE AGREEMENT OF OCTOBER 7, 1946, HEREINAFTER REFERRED
TO AS THE AGREEMENT, BETWEEN THE REPUBLIC OF ICELAND AND THE UNITED
STATES OF AMERICA, HEREINAFTER REFERRED TO AS ICELAND AND THE UNITED
STATES, RESPECTIVELY, IN REGARD TO THE AIRPORT AT KEFLAVIK, ICELAND.
THESE CONVERSATIONS HAVE RESULTED IN THE FOLLOWING UNDERSTANDINGS:
(A) THE FORMULA MENTIONED IN ARTICLE 8 OF THE AGREEMENT SHALL,
EFFECTIVE JANUARY 1, 1949 UNLESS OTHERWISE STATED HEREIN, BE AS FOLLOWS:
1. EXPENSES OF DEVELOPMENT, OPERATION AND MAINTENANCE OF THE AIRPORT
SHALL BE BORNE BY THE UNITE STATES. EXPENSES OF PROVIDING NECESSARY
ICELANDIC OFFICIAL SERVICES SHALL BE BORNE BY ICELAND.
2. REVENUES OF THE AIRPORT ACCRUING TO ICELAND SHALL BE THE
FOLLOWING:
(A) THE UNITED STATES SHALL PAY TO ICELAND AN ANNUAL AMOUNT OF 90,000
KRONUR, BEING ONE-TWENTIET THE COST TO ICELAND OF THE LAND FOR THE
AIRPORT, PLUS 5% ANNUAL INTEREST ON THE UNAMORTISED COST, EFFECTIVE JULY
1, 1948.
(B) ALL LANDING FEES, PARKING AND MOORING CHARGES, AND ALL HANGAR,
SHED, HUT, APRON AND GROUND RENTALS AND GASOLINE AND OTHER TAXES
ESTABLISHED BY ICELAND FOR NON-EXEMPT AIRCRAFT AND PERSONNEL.
(C) ALL FEES DERIVING FROM THE SALE OF CONCESSIONS AT THE AIRPORT.
(D) A 30% SURCHARGE ON ALL MEALS SERVED AT THE AIRPORT HOTEL AND
TERMINAL, EXCEPT THOSE SERVED T PERSONS COVERED BY THE AGREEMENT.
(E) A 30% SURCHARGE ON ALL MEALS SERVED AT THE COMPANY MESSES AT THE
AIRPORT (1) TO PERSONS AND THEIR FAMILIES REGULARLY STATIONED AT THE
AIRPORT IN CONNECTION WITH THE OPERATION OF COMMERCIAL AIRLINES OR AS
CONCESSIONAIRES, AND (2) TO ICELANDIC OFFICIALS, INCLUDING POLICE,
CUSTOMS, AND ADMINISTRATIVE PERSONNEL, REGULARLY STATIONED AT THE
AIRPORT. MEALS SHALL NOT BE SERVED TO OTHER PERSONS NOT COVERED BY THE
AGREEMENT. HOWEVER, MEALS SHALL BE SERVED TO ICELANDIC LABORERS EMPLOYE
AT THE AIRPORT AND THE SURCHARGE SHALL NOT BE APPLICABLE TO MEALS SO
SERVED.
3. REVENUES OF THE AIRPORT ACCRUING TO THE UNITED STATES SHALL BE
THE FOLLOWING:
(A) RECEIPTS FROM SERVICES PERFORMED BY THE UNITED STATES OR ITS
AGENTS ON COMMERCIAL AND PRIVAT AIRCRAFT AND FROM THE OPERATION OF THE
AIRPORT HOTEL AND TERMINAL.
(B) RECEIPTS FROM SERVICES BY THE UNITED STATES OR ITS AGENTS TO
AIRPORT PERSONNEL, SUCH AS THOS DERIVING FROM MESS HALLS, COMMISSARY,
RECREATIONAL ACTIVITIES, ETC.
4. SHOULD EXPENSES OR REVENUES DEVELOP FROM THE OPERATION OF THE
AIRPORT BEYOND THOSE INDICATED, THEY SHALL BE EQUITABLY APPORTIONED BY
MUTUAL CONSENT IN HARMONY WITH ARTICLE 8 OF THE AGREEMENT.
(B) BY THE UNDERSTANDING OF ARPIL 5, 1947 BETWEEN THE MINISTER FOR
FOREIGN AFFAIRS OF THE REPUBLIC OF ICELAND AND THE CHARGE D'AFFAIRES AD
INTERIM OF THE UNITED STATES OF AMERICA DISPOSITIO WAS MADE OF MOVABLE
AND IMMOVABLE PROPERTY AT THE AIRPORT IN ACCORDANCE WITH ARTICLE 2 OF
THE AGREEMENT. MOVABLE AND IMMOVABLE PROPERTY INSTALLED BY THE UNITED
STATES SINCE APRIL 5, 1947 WILL REMAIN THE PROPERTY OF THE UNITED STATES
DURING THE LIFE OF THE AGREEMENT, AND SHALL WITH THE EXISTING BUILDINGS
AND INSTALLATIONS CONTINUE TO BE AVAILABLE WITHOUT CHARGE TO THE UNITED
STATES FOR ITS FULL USE AND ADMINISTRATION IN THE DEVELOPMENT AND
OPERATION OF THE AIRPORT. THE UNITED STATES SHALL MAINTAIN SUCH
INSTALLATIONS SERVICEABLE AND IN GOOD REPAIR, REASONABLE WEAR AND TEAR
EXCEPTED. IN CASE OF DESTRUCTION DURING THE LIFE OF THE AGREEMENT OF
IMMOVABLE INSTALLATIONS WHICH ARE THE PROPERTY OF THE UNITED STATES, THE
UNITED STATES UNDERTAKES THEIR RECONSTRUCTION IN SIMILAR FORM WITHOUT
COST TO ICELAND. NO INSURANCE SHALL BE REQUIRED ON SAID BUILDINGS NOR
SHALL PREMIUMS ON ANY INSURANCE WHICH ICELAND MAY DESIRE TO CARRY ON ITS
BUILDINGS AT THE AIRPORT BE CONSIDERED A CHARGE AGAINST THE AIRPORT. ON
TERMINATION OF THE AGREEMENT, THE ABOVE-MENTIONED EXCHANGE OF NOTES OF
APRIL 5, 1947 WILL BE CONSULTED IN IMPLEMENTING ARTICLE 11 OF THE
AGREEMENT AND SUCH IMMOVABLE INSTALLATIONS AS ARE THE PROPERTY OF THE
UNITED STATES SHALL BECOME WITHOUT COST THE PROPERTY OF ICELAND.
(C) THE UNITED STATES OR ITS AGENTS AT THE AIRPORT WILL COOPERATE
WITH THE ICELANDIC AUTHORITIES IN SUPPRESSING AND PREVENTING ANY ILLEGAL
ACTIVITIES. THE UNITED STATES OR ITS AGENTS WILL ESTABLISH SYSTEMS OF
CHARGES AND PAYROLL CHECK-OFFS AND OBVIATE THE USE OF FOREIGN CURRENCY
AND TRANSFERABLE FOREIGN INSTRUMENTS IN PAYING PERSONNEL. ICELAND WILL
ESTABLISH EXCHANGE FACILITIES A THE AIRPORT TERMINAL FOR PERSONNEL AND
PERSONS IN TRANSIT. WHENEVER PERSONNEL AT THE AIRPORT DESIR KRONUR,
THEY SHALL OBTAIN FROM THE UNITED STATES OR ITS AGENTS DULY SIGNED
NON-TRANSFERABLE ORDERS IN UNITS OF US $20.00 WHICH SHALL BE CHARGED
AGAINST THE PAYROLL AND WHICH SHALL BE HONORED BY THE ICELANDIC EXCHANGE
OFFICE AT THE AIRPORT. THE ICELANDIC EXCHANGE OFFICE AT THE AIRPORT
SHALL PRESENT SUCH ORDERS MONTHLY TO THE UNITED STATES OR ITS AGENTS FOR
REDEMPTION IN DOLLARS. THE UNITED STATES OR ITS AGENTS SHALL PROVIDE
EACH EMPLOYEE AT THE AIRPORT WITH AN IDENTIFICATION CARD CARRYING THE
EMPLOYEE'S PHOTOGRAPH AND SIGNATURE. ICELANDIC EMPLOYEES SHALL BE PAID
ENTIRELY IN KRONUR. NEITHER THE UNITED STATES NOR ITS AGENTS AT THE
AIRPORT SHALL CONVERT KRONUR INTO FOREIGN CURRENCY OR INSTRUMENTS FOR
ANY OF ITS EMPLOYEES IN ANY MANNER WHATSOEVER. ICELAND AGREES TO
CONVERT KRONUR INTO FOREIGN CURRENCY OR INSTRUMENTS FOR ANY DEPARTING
EMPLOYEE IN AMOUNTS NOT IN EXCESS OF THE AMOUNT DRAWN BY THAT EMPLOYEE
DURING THE LAST CALENDAR MONTH OF RESIDENCE IN ICELAND. IN SUPPORT OF
THE FOREGOING, THE UNITED STATES WILL, AFTER CONSULTATION WITH THE
ICELANDIC AUTHORITIES, AND BEFORE DECEMBER 31, 1949, ERECT A SUITABLE
BARBED WIRE FENCE AT THE AIRPORT, ENCLOSING THE AIRSTRIPS AND PRINCIPAL
OPERATIONAL AND RESIDENTIAL AREAS.
(D) ICELAND WILL PROVIDE AN ADEQUATE POLICE FORCE AT THE AIRPORT FOR
THE PURPOSE OF ENFORCING ICELANDIC LAW AND ORDER AND FOR THE PROTECTION
OF THE PROPERTIES AT THE AIRPORT.
(E) THE UNITED STATES OR ITS AGENTS WILL EQUIP, SUPPORT AND MAINTAIN
A FIRE FIGHTING FORCE AT TH AIRPORT, BUT THIS SHALL NOT INVOLVE ANY
RESPONSIBILITY ON THE PART OF THE UNITED STATES OR ITS AGENTS FOR
REPLACEMENT OF, OR REIMBURSEMENT FOR, LOSSES INCURRED THROUGH FIRE.
(F) THE UNITED STATES OR ITS AGENTS WILL PROVIDE ADEQUATE HOSPITAL
AND MEDICAL FACILITIES FOR TH CARE OF AMERICAN PERSONNEL AT THE AIRPORT,
AND FOR ALL EMERGENCY CASES, IN ACCORDANCE WITH ICELANDI LAW. THE
UNITED STATES OR ITS AGENTS WILL EMPLOY AT LEAST ONE QUALIFIED ICELANDIC
PHYSICIAN OR SURGEON, WHO, IN ADDITION TO HIS MEDICAL DUTIES, SHALL
ADVISE THE CHIEF PHYSICIAN IN REGARD TO ICELANDIC LAW AND THE MEANS OF
COMPLYING THEREWITH.
(G) IT IS UNDERSTOOD THAT THE UNITED STATES OR ITS AGENTS WILL EMPLOY
AT CURRENT ICELANDIC WAGES AND STANDARDS OF EMPLOYMENT AND TO THE
FULLEST EXTENT PRACTICABLE, ICELANDIC SKILLED, SEMISKILLED AND UNSKILLED
PERSONNEL. WHEN VACANCIES ARE AVAILABLE IN THE FOREGOING CATEGORIES,
THE DIRECTOR OF AIRPORTS SHALL BE NOTIFIED AND THE DIRECTOR SHALL
THEREUPON SUBMIT NOMINATIONS AS SOON AS POSSIBLE.
(H) IN ACCORDANCE WITH THE PURPORT OF THE AGREEMENT, THE AIRPORT
HOTEL AND TERMINAL SHALL BE OPERATED FOR THE CONVENIENCE OF TRAVELLERS,
AND THE PRICES FOR MEALS AND LODGING SHALL BE REASONABLE.
(I) THE UNITED STATES AGREES THAT SHOULD THE REVENUES ACCRUING TO
ICELAND FROM THE AIRPORT NOT MEET ITS ACTUAL AND NECESSARY EXPENSES
DERIVING FROM THE AIRPORT, AS MUTUALLY DETERMINED IN ACCORDANCE WITH
ARTICLE 8 OF THE AGREEMENT, ICELAND WILL BE REIMBURSED THE DIFFERENCE.
(J) IN ORDER TO PROVIDE FOR THE TRAINING OF ICELANDIC PERSONNEL IN
AIRPORT TECHNIQUES ACCORDING TO THE ANNEXED SCHEME, THE UNITED STATES
WILL ASSIST ICELAND IN EVERY PRACTICABLE MANNER. UPON COMPLETION OF THE
REQUIRED TRAINING, SUCH PERSONS SHALL BE EMPLOYED AT THE AIRPORT, AS
VACANCIES OCCUR. THE SCHEDULE FOR TRAINING THE ICELANDIC PERSONNEL
SHALL SO FAR AS PRACTICABLE COVER A PERIO OF THREE YEARS, THE FIRST
GROUP OF 16 TRAINEES COMMENCING THEIR TRAINING IN 1949, THE SECOND GROUP
OF 16 TRAINEES IN 1950, AND THE THIRD GROUP OF 15 IN 1951. SHOULD IT
NOT BE POSSIBLE FOR ICELAND T FIND THE RIGHT NUMBER OF SUITABLE STUDENTS
EACH YEAR, IT SHALL HAVE THE RIGHT TO INCREASE THE NUMBE THE FOLLOWING
YEAR.
(K) THE UNITED STATES OR ITS AGENTS AGREES TO PROVIDE, WITHOUT
RENTAL, THE OFFICE SPACE IN THE TERMINAL REQUIRED BY THE FOLLOWING
ICELANDIC GOVERNMENT AGENCIES IN THE DISCHARGE OF THEIR NECESSAR
OFFICIAL FUNCTIONS AT THE AIRPORT: POST AND TELEGRAPH ADMINISTRATION,
OFFICE OF THE DIRECTOR OF AIRPORTS, THE NATIONAL BANK OF ICELAND, THE
IMMIGRATION SERVICE AND THE CUSTOMS SERVICE. IN ADDITION, SPACE WILL BE
ALLOTTED THE ICELANDIC TOURIST BUREAU, WITHOUT RENTAL.
IT WILL BE APPRECIATED IF YOU WILL CONFIRM THE FOREGOING
UNDERSTANDINGS.
ACCEPT, EXCELLENCY, THE RENEWED ASSURANCES OF MY HIGHEST
CONSIDERATION.
SIGNED
RICHARD P. BUTRICK
ANNEX
PROGRAM FOR THE TRAINING OF ICELANDIC TECHNICAL
STAFF, JANUARY 1, 1949 - DECEMBER 31, 1952
AIRCRAFT DISPATCHING 5 PERSONS
AIRCRAFT RADIO MAINTENANCE 3 PERSONS
AIRPORT MAINTENANCE 3 PERSONS
AIR SEA RESCUE 6 PERSONS
AIR TRAFFIC CONTROL 6 PERSONS
GCA AND ILS 8 PERSONS
RADIO MAINTENANCE 8 PERSONS
RADIO OPERATORS 8 PERSONS
ICELAND 6 MAY 1949 FLITE DOCUMENT NO. 7502427
EXCHANGE OF NOTES
CONCERNING FURTHER IMPLEMENTATION OF THE AGREEMENT OF OCTOBER 7, 1946
IN REGARD TO THE AIRPORT AT KEFLAVIK, ICELAND
6TH MAY, 1949
NO. 52.
MONSIEUR LE MINISTRE,
I HAVE THE HONOUR TO ACKNOWLEDGE THE RECEIPT OF YOUR EXCELLENCY'S
NOTE OF TODAY'S DATE IN THE FOLLOWING TERMS:
I HAVE THE HONOR TO REFER TO CONVERSATIONS WHICH HAVE TAKEN PLACE
BETWEEN REPRESENTATIVES OF OUR GOVERNMENTS CONCERNING FURTHER
IMPLEMENTATION OF THE AGREEMENT OF OCTOBER 7, 1946, HEREINAFTER REFERRED
TO AS THE AGREEMENT, BETWEEN THE REPUBLIC OF ICELAND AND THE UNITED
STATES OF AMERICA, HEREINAFTER REFERRED TO AS ICELAND AND THE UNITED
STATES, RESPECTIVELY, IN REGARD TO THE AIRPORT AT KEFLAVIK, ICELAND.
THESE CONVERSATIONS HAVE RESULTED IN THE FOLLOWING UNDERSTANDINGS:
(A) THE FORMULA MENTIONED IN ARTICLE 8 OF THE AGREEMENT SHALL,
EFFECTIVE JANUARY 1, 1949 UNLESS OTHERWISE STATED HEREIN, BE AS FOLLOWS:
1. EXPENSES OF DEVELOPMENT, OPERATION AND MAINTENANCE OF THE AIRPORT
SHALL BE BORNE BY THE UNITE STATES. EXPENSES OF PROVIDING NECESSARY
ICELANDIC OFFICIAL SERVICES SHALL BE BORNE BY ICELAND.
2. REVENUES OF THE AIRPORT ACCRUING TO ICELAND SHALL BE THE
FOLLOWING:
(A) THE UNITED STATES SHALL PAY TO ICELAND AN ANNUAL AMOUNT OF 90,000
KRONUR, BEING ONE-TWENTIET THE COST TO ICELAND OF THE LAND FOR THE
AIRPORT, PLUS 5% ANNUAL INTEREST ON THE UNAMORTIZED COST, EFFECTIVE JULY
1, 1948.
(B) ALL LANDING FEES, PARKING AND MOORING CHARGES, AND ALL HANGAR,
SHED, HUT, APRON AND GROUND RENTALS AND GASOLINE AND OTHER TAXES
ESTABLISHED BY ICELAND FOR NON-EXEMPT AIRCRAFT AND PERSONNEL.
(C) ALL FEES DERIVING FROM THE SALE OF CONCESSIONS AT THE AIRPORT.
(D) A 30% SURCHARGE ON ALL MEALS SERVED AT THE AIRPORT HOTEL AND
TERMINAL, EXCEPT THOSE SERVED T PERSONS COVERED BY THE AGREEMENT.
(E) A 30% SURCHARGE ON ALL MEALS SERVED AT THE COMPANY MESSES AT THE
AIRPORT (1) TO PERSONS AND THEIR FAMILIES REGULARLY STATIONED AT THE
AIRPORT IN CONNECTION WITH THE OPERATION OF COMMERCIAL AIRLINES OR AS
CONCESSIONAIRES, AND (2) TO ICELANDIC OFFICIALS, INCLUDING POLICE,
CUSTOMS, AND ADMINISTRATIVE PERSONNEL, REGULARLY STATIONED AT THE
AIRPORT. MEALS SHALL NOT BE SERVED TO OTHER PERSONS NOT COVERED BY THE
AGREEMENT. HOWEVER, MEALS SHALL BE SERVED TO ICELANDIC LABORERS EMPLOYE
AT THE AIRPORT AND THE SURCHARGE SHALL NOT BE APPLICABLE TO MEALS SO
SERVED.
3. REVENUES OF THE AIRPORT ACCRUING TO THE UNITED STATES SHALL BE
THE FOLLOWING:
(A) RECEIPTS FROM SERVICES PERFORMED BY THE UNITED STATES OR ITS
AGENTS ON COMMERCIAL AND PRIVAT AIRCRAFT AND FROM THE OPERATION OF THE
AIRPORT HOTEL AND TERMINAL
(B) RECEIPTS FROM SERVICES BY THE UNITED STATES OR ITS AGENTS TO
AIRPORT PERSONNEL, SUCH AS THOS DERIVING FROM MESS HALLS, COMMISSARY,
RECREATIONAL ACTIVITIES, ETC.
4. SHOULD EXPENSES OR REVENUES DEVELOP FROM THE OPERATION OF THE
AIRPORT BEYOND THOSE INDICATED, THEY SHALL BE EQUITABLY APPORTIONED BY
MUTUAL CONSENT IN HARMONY WITH ARTICLE 8 OF THE AGREEMENT.
(B) BY THE UNDERSTANDING OF APRIL 5, 1947 BETWEEN THE MINISTER FOR
FOREIGN AFFAIRS OF THE REPUBLIC OF ICELAND AND THE CHARGE D'AFFAIRES AD
INTERIM OF THE UNITED STATES OF AMERICA DISPOSITIO WAS MADE OF MOVABLE
AND IMMOVABLE PROPERTY AT THE AIRPORT IN ACCORDANCE WITH ARTICLE 2 OF
THE AGREEMENT. MOVABLE AND IMMOVABLE PROPERTY INSTALLED BY THE UNITED
STATES SINCE APRIL 5, 1947 WILL REMAIN THE PROPERTY OF THE UNITED STATES
DURING THE LIFE OF THE AGREEMENT, AND SHALL WITH THE EXISTING BUILDINGS
AND INSTALLATIONS CONTINUE TO BE AVAILABLE WITHOUT CHARGE TO THE UNITED
STATES FOR ITS FULL USE AND ADMINISTRATION IN THE DEVELOPMENT AND
OPERATION OF THE AIRPORT. THE UNITED STATES SHALL MAINTAIN SUCH
INSTALLATIONS SERVICABLE AND IN GOOD REPAIR, REASONABLE WEAR AND TEAR
EXCEPTED. IN CASE OF DESTRUCTION DURING THE LIFE OF THE AGREEMENT OF
IMMOVABLE INSTALLATIONS WHICH ARE THE PROPERTY OF THE UNITED STATES, THE
UNITED STATES UNDERTAKES THEIR RECONSTRUCTION IN SIMILAR FORM WITHOUT
COST TO ICELAND. NO INSURANCE SHALL BE REQUIRED ON SAID BUILDINGS NOR
SHALL PREMIUMS ON ANY INSURANCE WHICH ICELAND MAY DESIRE TO CARRY ON ITS
BUILDINGS AT THE AIRPORT BE CONSIDERED A CHARGE AGAINST THE AIRPORT. ON
TERMINATION OF THE AGREEMENT, THE ABOVEMENTIONED EXCHANGE OF NOTES OF
APRIL 5, 1947 WILL BE CONSULTED IN IMPLEMENTING ARTICLE 11 OF THE
AGREEMENT AND SUCH IMMOVABLE INSTALLATIONS AS ARE THE PROPERTY OF THE
UNITED STATES SHALL BECOME WITHOUT COST THE PROPERTY OF ICELAND.
(C) THE UNITED STATES OR ITS AGENTS AT THE AIRPORT WILL COOPERATE
WITH THE ICELANDIC AUTHORITIES IN SUPPRESSING AND PREVENTING ANY ILLEGAL
ACTIVITIES. THE UNITED STATES OR ITS AGENTS WILL ESTABLISH SYSTEMS OF
CHARGES AND PAYROLL CHECK-OFFS AND OBVIATE THE USE OF FOREIGN CURRENCY
AND TRANSFERABLE FOREIGN INSTRUMENTS IN PAYING PERSONNEL. ICELAND WILL
ESTABLISH EXCHANGE FACILITIES A THE AIRPORT TERMINAL FOR PERSONNEL AND
PERSONS IN TRANSIT. WHENEVER PERSONNEL AT THE AIRPORT DESIR KRONUR,
THEY SHALL OBTAIN FROM THE UNITED STATES OR ITS AGENTS DULY SIGNED
NON-TRANSFERABLE ORDERS IN UNITS OF US $20.00 WHICH SHALL BE CHARGED
AGAINST THE PAY-ROLL AND WHICH SHALL BE HONORED BY THE ICELANDIC
EXCHANGE OFFICE AT THE AIRPORT. THE ICELANDIC EXCHANGE OFFICE AT THE
AIRPORT SHALL PRESENT SUCH ORDERS MONTHLY TO THE UNITED STATES OR ITS
AGENTS FOR REDEMPTION IN DOLLARS. THE UNITED STATES OR ITS AGENTS SHALL
PROVIDE EACH EMPLOYEE AT THE AIRPORT WITH AN IDENTIFICATION CARD
CARRYING THE EMPLOYEE'S PHOTOGRAPH AND SIGNATURE. ICELANDIC EMPLOYEES
SHALL BE PAID ENTIRELY IN KRONUR. NEITHER THE UNITED STATES NOR ITS
AGENTS AT THE AIRPORT SHALL CONVERT KRONUR INTO FOREIGN CURRENCY OR
INSTRUMENTS FOR ANY OF ITS EMPLOYEES IN ANY MANNER WHATSOEVER. ICELAND
AGREES TO CONVERT KRONUR INTO FOREIGN CURRENCY OR INSTRUMENTS FOR ANY
DEPARTING EMPLOYEE IN AMOUNTS NOT IN EXCESS OF THE AMOUNT DRAWN BY THAT
EMPLOYEE DURING THE LAST CALENDAR MONTH OF RESIDENCE IN ICELAND. IN
SUPPORT OF THE FOREGOING, THE UNITED STATES WILL, AFTER CONSULTATION
WITH THE ICELANDIC AUTHORITIES, AND BEFORE DECEMBER 31, 1949, ERECT A
SUITABLE BARBED WIRE FENCE AT THE AIRPORT, ENCLOSING THE AIRSTRIPS AND
PRINCIPAL OPERATIONAL AND RESIDENTIAL AREAS.
(D) ICELAND WILL PROVIDE AN ADEQUATE POLICE FORCE AT THE AIRPORT FOR
THE PURPOSE OF ENFORCING ICELANDIC LAW AND ORDER AND FOR THE PROTECTION
OF THE PROPERTIES AT THE AIRPORT.
(E) THE UNITED STATES OR ITS AGENTS WILL EQUIP, SUPPORT AND MAINTAIN
A FIRE FIGHTING FORCE AT TH AIRPORT, BUT THIS SHALL NOT INVOLVE ANY
RESPONSIBILITY ON THE PART OF THE UNITED STATES OR ITS AGENTS FOR
REPLACEMENT OF, OR REIMBURSEMENT FOR, LOSSES INCURRED THROUGH FIRE.
(F) THE UNITED STATES OR ITS AGENTS WILL PROVIDE ADEQUATE HOSPITAL
AND MEDICAL FACILITIES FOR TH CARE OF AMERICAN PERSONNEL AT THE AIRPORT,
AND FOR ALL EMERGENCY CASES, IN ACCORDANCE WITH ICELANDI LAW. THE
UNITED STATES OR ITS AGENTS WILL EMPLOY AT LEAST ONE QUALIFIED ICELANDIC
PHYSICIAN OR SURGEON, WHO, IN ADDITION TO HIS MEDICAL DUTIES, SHALL
ADVISE THE CHIEF PHYSICIAN IN REGARD TO ICELANDIC LAW AND THE MEANS OF
COMPLYING THEREWITH.
(G) IT IS UNDERSTOOD THAT THE UNITED STATES OR ITS AGENTS WILL EMPLOY
AT CURRENT ICELANDIC WAGES AND STANDARDS OF EMPLOYMENT AND TO THE
FULLEST EXTENT PRACTICABLE, ICELANDIC SKILLED, SEMI-SKILLED AND
UNSKILLED PERSONNEL. WHEN VACANCIES ARE AVAILABLE IN THE FOREGOING
CATEGORIES, THE DIRECTOR OF AIRPORTS SHALL BE NOTIFIED AND THE DIRECTOR
SHALL THEREUPON SUBMIT NOMINATIONS AS SOON AS POSSIBLE.
(H) IN ACCORDANCE WITH THE PURPORT OF THE AGREEMENT, THE AIRPORT
HOTEL AND TERMINAL SHALL BE OPERATED FOR THE CONVENIENCE OF TRAVELLERS,
AND THE PRICES FOR MEALS AND LODGING SHALL BE REASONABLE.
(I) THE UNITED STATES AGREES THAT SHOULD THE REVENUES ACCRUING TO
ICELAND FROM THE AIRPORT NOT MEET ITS ACTUAL AND NECESSARY EXPENSES
DERIVING FROM THE AIRPORT, AS MUTUALLY DETERMINED IN ACCORDANCE WITH
ARTICLE 8 OF THE AGREEMENT, ICELAND WILL BE REIMBURSED THE DIFFERENCE.
(J) IN ORDER TO PROVIDE FOR THE TRAINING OF ICELANDIC PERSONNEL IN
AIRPORT TECHNIQUES ACCORDING TO THE ANNEXED SCHEME, THE UNITED STATES
WILL ASSIST ICELAND IN EVERY PRACTICABLE MANNER. UPON COMPLETION OF THE
REQUIRED TRAINING, SUCH PERSONS SHALL BE EMPLOYED AT THE AIRPORT, AS
VACANCIES OCCUR. THE SCHEDULE FOR TRAINING THE ICELANDIC PERSONNEL
SHALL SO FAR AS PRACTICABLE COVER A PERIO OF THREE YEARS, THE FIRST
GROUP OF 16 TRAINEES COMMENCING THEIR TRAINING IN 1949, THE SECOND GROUP
OF 16 TRAINEES IN 1950, AND THE THIRD GROUP OF 15 IN 1951. SHOULD IT
NOT BE POSSIBLE FOR ICELAND T FIND THE RIGHT NUMBER OF SUITABLE STUDENTS
EACH YEAR, IT SHALL HAVE THE RIGHT TO INCREASE THE NUMBE THE FOLLOWING
YEAR.
(K) THE UNITED STATES OR ITS AGENTS AGREES TO PROVIDE, WITHOUT
RENTAL, THE OFFICE SPACE IN THE TERMINAL REQUIRED BY THE FOLLOWING
ICELANDIC GOVERNMENT AGENCIES IN THE DISCHARGE OF THEIR NECESSAR
OFFICIAL FUNCTIONS AT THE AIRPORT: POST AND TELEGRAPH ADMINISTRATION,
OFFICE OF THE DIRECTOR OF AIRPORTS, THE NATIONAL BANK OF ICELAND, THE
IMMIGRATION SERVICE AND THE CUSTOMS SERVICE. IN ADDITION, SPACE WILL BE
ALLOTTED THE ICELANDIC TOURIST BUREAU, WITHOUT RENTAL.
IT WILL BE APPRECIATED IF YOU WILL CONFIRM THE FOREGOING
UNDERSTANDINGS."
ON BEHALF OF THE GOVERNMENT OF ICELAND I HAVE THE HONOUR TO CONFIRM
THE FOREGOING UNDERSTANDINGS.
I HAVE THE HONOUR TO RENEW TO YOU, MONSIEUR LE MINISTRE, THE
ASSURANCES OF MY HIGHEST CONSIDERATION.
BJARNI BENEDIKTSSON
HIS EXCELLENCY
RICHARD P. BUTRICK,
MINISTER OF THE UNITED STATES OF AMERICA,
REYKJAVIK.
ENCLOSURE TO NOTE NO. 52
6TH MAY, 1949, FROM THE
MINISTRY FOR FOREIGN AFFAIRS.
PROGRAM FOR THE TRAINING OF ICELANDIC TECHNICAL STAFF,
JANUARY 1, 1949 - DECEMBER 31, 1952
AIRCRAFT DISPATCHING 5 PERSONS
AIRCRAFT RADIO MAINTENANCE 3 PERSONS
AIRPORT MAINTENANCE 3 PERSONS
AIR SEA RESCUE 6 PERSONS
AIR TRAFFIC CONTROL 6 PERSONS
GCA AND ILS 8 PERSONS
RADIO MAINTENANCE 8 PERSONS
RADIO OPERATORS 8 PERSONS
GUATEMALA 24 JAN 1975 FLITE DOCUMENT NO. 7502426
ARRANGEMENT
ARRANGEMENT FOR HYDROGRAPHY/OCEANOGRAPHY BETWEEN AGENCIES OF THE
REPUBLIC OF GUATEMALA AND THE UNITED STATES OF AMERICA.
ARRANGEMENT FOR HYDROGRAPHY/OCEANOGRAPHY BETWEEN AGENCIES OF THE
REPUBLIC OF GUATEMALA AND THE UNITED STATES OF AMERICA
1. THE GUATEMALAN MINISTRY OF NATIONAL DEFENSE REPRESENTED BY THE
GUATEMALAN NAVY, THE GUATEMALA MINISTRY OF COMMUNICATIONS AND PUBLIC
WORKS REPRESENTED BY THE NATIONAL GEOGRAPHIC INSTITUTE (IGN), THE UNITED
STATES NAVAL OCEANOGRAPHIC OFFICE (NAVOCEANO), THE UNITED STATES DEFENSE
MAPPING AGENCY HYDROGRAPHIC CENTER (DMAHC) AND THE UNITED STATES DEFENSE
MAPPING AGENCY INTER-AMERICAN GEODETIC SURVEY (DMA IAGS) AGREE TO
PARTICIPATE IN HYDROGRAPHIC SURVEYS OF THE PORTS AND COASTAL WATERS OF
THE REPUBLIC OF GUATEMALA AND THE PUBLICATION OF NAUTICAL CHARTS. THIS
JOINT COOPERATIVE EFFORT IS TO BE CONDUCTED UNDER THE THEME OF THE
HARBOR SURVEY ASSISTANCE PROGRAM (HARSAP) OF THE UNITED STATES NAVAL
OCEANOGRAPHIC OFFICE. THE PURPOSE OF HARSAP AND GENERAL INSTRUCTIONS
FOR CONDUCTING THE SURVEYS ARE PROVIDED IN ATTACHMENT (1) AND ARE MADE A
PART OF THIS ARRANGEMENT.
2. UNDER THE TERMS OF THIS ARRANGEMENT AND SUBJECT TO THE
AVAILABILITY OF FUNDS, THE RESPONSIBILITIES OF THE PARTICIPATING
AGENCIES ARE AS FOLLOWS:
A. UNITED STATES DEPARTMENT OF DEFENSE PARTICIPATION
(1) NAVOCEANO WILL PROVIDE:
(A) TECHNICAL ADVICE DURING PERIODIC VISITS TO GUATEMALA BY THE
HARSAP COORDINATOR STATIONED IN THE PANAMA CANAL ZONE OR BY OTHER
TECHNICAL PERSONNEL AS AVAILABLE. DAILY CONTACT WITH THE HARSAP
COORDINATOR CAN ALSO BE MADE DURING NORMAL WORKING HOURS THROUGH THE DMA
IAGS RADIO NETWORK.
(B) ADEQUATE TECHNICAL EQUIPMENT, AS AVAILABLE, ON A LOAN OR LEASE
BASIS FOR CONDUCTING THE HYDROGRAPHIC SURVEYS, INCLUDING THE MEASUREMENT
OF SEA CURRENTS AND THE GATHERING OF BOTTOM SAMPLES
(C) THE NECESSARY SUPPLY OF TECHNICAL MATERIALS REQUIRED FOR
CONDUCTING THE HYDROGRAPHIC SURVEYS SUCH AS: BOAT SHEETS, SMOOTH
SHEETS, MANUALS, AND PUBLICATIONS.
(2) DMA IAGS WILL PROVIDE:
(A) IN-COUNTRY LIAISON WITH THE APPROPRIATE AGENCIES THROUGH THE DMA
IAGS PROJECT OFFICER IN GUATEMALA.
(B) LOGISTIC SUPPORT IN THE SHIPPING OF TECHNICAL MATERIALS AND
EQUIPMENT TO AND FROM GUATEMALA.
(C) DAY-BY-DAY MONITORING OF THE PROGRESS OF ALL HYDROGRAPHIC AND
OCEANOGRAPHIC IN-COUNTRY PROJECTS.
(D) ANY AVAILABLE TIDAL DATA IN THE SURVEY AREAS.
(3) DMAHC WILL PROVIDE:
(A) THE PUBLICATION OF CHARTS FROM DATA OBTAINED UNDER THIS
ARRANGEMENT.
(B) TWO HUNDRED (200) COPIES OF THE PUBLISHED CHARTS TO GUATEMALA
FREE OF CHARGE.
(C) THE INCORPORATION OF SELECTED PUBLISHED CHARTS INTO ITS
DISTRIBUTION SYSTEM FOR WORLDWIDE DISSEMINATION.
B. GUATEMALAN PARTICIPATION
(1) THE GUATEMALAN NAVY WILL PROVIDE:
(A) A MINIMUM OF SEVEN (7) INDIVIDUALS, INCLUDING A SUPERVISOR, WHO
WILL RECEIVE THE NECESSARY TRAINING IN ORDER TO CONDUCT THE HYDROGRAPHIC
SURVEYS.
(B) A SUITABLE BOAT TO BE USED IN CONDUCTING THE HYDROGRAPHIC
SURVEYS.
(C) FUEL, OIL, LUBRICANT AND THE NECESSARY CREW FOR THE HYDROGRAPHIC
BOAT.
(D) OTHER AVAILABLE FACILITIES WHICH MAY HELP THE HYDROGRAPHIC GROUP
IN PERFORMING ITS MISSION.
(2) THE NATIONAL GEOGRAPHIC INSTITUTE OF GUATEMALA (IGN) WILL
PROVIDE:
(A) THE ESTABLISHMENT OF THE NECESSARY GEODETIC CONTROL REQUIRED FOR
CONDUCTING THE HYDROGRAPHIC SURVEYS IN ACCORDANCE WITH THE GUATEMALAN
HYDROGRAPHIC PLAN.
(B) BOAT SHEETS WITH THE NECESSARY GEODETIC CONTROL.
(C) FACILITIES AND OFFICE PERSONNEL FOR THE COMPILATION OF THE
NAUTICAL CHARTS.
3. THE AREAS TO BE SURVEYED WILL BE SELECTED BY MUTUAL AGREEMENT
BETWEEN THE GUATEMALAN NAVY AND THE IGN, AND THEY WILL ACCOMPLISH THE
WORK PROGRAMS.
4. ALL ORIGINAL SURVEY DATA WILL BE RETAINED BY IGN IN GUATEMALA FOR
PERMANENT RECORD WITH THE UNDERSTANDING THAT NAVOCEANO WILL BE PROVIDED
A STABLE BASE COPY OF ALL SMOOTH SHEETS AT THE CONCLUSION OF EACH
SURVEY. RELATED INFORMATION FOR SAILING DIRECTIONS OR OTHER
PUBLICATIONS WILL ALSO BE INCLUDED FOR USE BY DMAHC. NAVOCEANO AND
DMAHC WILL BE ACCORDED THE PRIVILEGES OF ACCESS T THE ORIGINAL DATA IN
THE FUTURE IF THE NEED ARISES.
THE COMPILATION OF DATA AND THE COLOR-SEPARATION REPRODUCIBLES FOR
EACH NAUTICAL CHART WILL BE PREPARED BY IGN. A COLOR PROOF WILL BE
PROVIDED BY IGN TO DMAHC FOR EDITING PRIOR TO THE SHIPMENT OF CHART
REPRODUCTION MATERIALS FOR PRINTING. DMAHC WILL RETURN THE COLOR PROOF
WITH RECOMMENDATIONS.
CHARTS PUBLISHED BY DMAHC FROM DATA OBTAINED UNDER THIS ARRANGEMENT
SHALL USE THE METRIC SYSTEM AND SHALL BE BILINGUAL (ENGLISH AND
SPANISH).
5. THIS ARRANGEMENT SHALL TAKE EFFECT UPON SIGNATURE OF
REPRESENTATIVES OF ALL PARTICIPATING AGENCIES.
SIGNED BY THE FOLLOWING PARTIES ON THE DATES INDICATED:
FOR THE GOVERNMENT OF GUATEMALA:
SIGNED
RICARDO PERALTA M.
CONTRALMIRANTE
COMANDANTE, MARINA DE GUERRA
DE GUATEMALA
DATE 24 JAN 1975
SIGNED
FEDERICO HERNANDEZ CRUZ
DIRECTOR GENERAL
INSTITUTO GEOGRAFICO NACIONAL
DATE 24 JAN 1975
FOR THE UNITED STATES DEPARTMENT OF DEFENSE AGENCIES:
SIGNED
JAMES E. AYRES
CAPTAIN, USN
COMMANDER, U.S. NAVAL OCEANOGRAPHIC OFFICE
DATE 24 JAN 1975
SIGNED
SCOTT E. DRUMMOND, JR.
CAPTAIN, USN
DIRECTOR, DEFENSE MAPPING AGENCY
HYDROGRAPHIC CENTER
DATE 14 JAN 1975
SIGNED
JOHN W. PARK, JR.
COLONEL, USA
DIRECTOR, DEFENSE MAPPING AGENCY
INTER AMERICAN GEODETIC SURVEY
DATE 24 JAN 1975
U.S. NAVAL OCEANOGRAPHIC OFFICE
GENERAL INSTRUCTIONS
HARBOR SURVEY ASSISTANCE PROGRAM
(HARSAP)
1. INTRODUCTION
1.1 BACKGROUND. THE HARBOR SURVEY ASSISTANCE PROGRAM (HARSAP)
PROVIDES FOR A U.S. NAVAL OCEANOGRAPHIC OFFICE (NAVOCEANO) MISSION TO
ASSIST OTHER GOVERNMENTS IN CONDUCTING HYDROGRAPHIC SURVEYS OF HARBORS,
HARBOR APPROACHES, AND COASTAL WATERS. THE PURPOSE OF THESE SURVEYS IS
TO OBTAIN INFORMATION FOR THE PUBLICATION OF ACCURATE NAUTICAL CHARTS
AND SAILING DIRECTIONS AND TO PROVIDE TECHNICAL TRAINING AND GUIDANCE TO
PERSONNEL OF THE PARTICIPATING GOVERNMENTS.
1.2 PURPOSE OF INSTRUCTIONS. THESE INSTRUCTIONS PROVIDE TECHNICAL
GUIDANCE FOR CONDUCTING GEODETIC AND HYDROGRAPHIC SURVEYS UNDER THE
HARBOR SURVEY ASSISTANCE PROGRAM.
2. TECHNICAL REQUIREMENTS
2.1 TECHNICAL OPERATIONS. THESE SURVEYS SHALL BE ACCOMPLISHED WITHIN
THE LIMITS OF ACCURACY AND IN ACCORDANCE WITH THE INSTRUCTIONS AND
PROCEDURES CONTAINED IN THE U.S. NAVAL OCEANOGRAPHIC OFFICE SPECIAL
PUBLICATION NO. 4 (SP-4), THE STANDARDS OF THE INTERNATIONAL
HYDROGRAPHIC BUREAU (IHB), AND THE GEODETIC STANDARDS OF THE
PARTICIPATING NATION. THOSE PARTS OF SP-4 REFERRED TO HEREIN ARE
CONTAINED IN ANNEX A TO THIS DOCUMENT. THE METRIC SYSTEM WILL BE USED.
2.1.1 GEODETIC CONTROL. IF POSSIBLE, ANY CONTROL NET ESTABLISHED
SHOULD BE CONNECTED TO AT LEAS TWO STATIONS OF FIRST-ORDER
TRIANGULATION. IF FIRST-ORDER STATIONS ARE NOT AVAILABLE, TWO STATIONS
OF THE NEXT-HIGHEST ACCURACY SHOULD BE USED.
2.1.1.1 PRIMARY HORIZONTAL CONTROL. ALL PRIMARY TRIANGULATION AND
TRAVERSES ESTABLISHED SHALL CONFORM TO AT LEAST THIRD-ORDER ACCURACY
STANDARDS AS DESCRIBED IN SP-4 (A-10201 AND A-10202). ALL NEW STATIONS
SHALL BE REFERENCED AND MONUMENTED, INCLUDING SUB-SURFACE MARKS WHERE
PRACTICABLE, AND DESCRIBED IN ACCORDANCE WITH STANDARD PRACTICE.
2.1.1.2 SECONDARY HORIZONTAL CONTROL. STATIONS TO BE USED TO CONTROL
HYDROGRAPHY AND AIDS TO NAVIGATION, SUCH AS LIGHTHOUSES, TANKS, ETC.,
SHALL BE OBSERVED IN ACCORDANCE WITH THIRD-ORDER STANDARDS.
ALL BUOYS SHOULD BE POSITIONED BY AT LEAST THREE CUTS FROM THE MAIN,
OR SECONDARY, CONTROL STATIONS.
TANGENTS SHALL BE OBSERVED TO ALL CLEARLY DEFINED POINTS ON SHORELINE
AND REEF, WITH PROPER DESCRIPTION AS TO DEBRIS, HIGH WATER LINE,
VEGETATION LINE, OR OTHER DESCRIPTIVE FEATURE.
2.1.1.3 PHOTOGRAMMETRIC CONTROL. THE LOCATION OF ALL CONTROL
STATIONS ESTABLISHED OR RECOVERED SHALL BE PHOTO-IDENTIFIED ON AERIAL
PHOTOGRAPHS. THESE CONTROL STATIONS ARE THE BASIS UPON WHICH THE FINAL
SHORELINE COMPILATIONS ARE MADE, AND IT IS IMPERATIVE THAT THEY BE
PHOTO-IDENTIFIED IN TH FIELD.
2.1.2 HYDROGRAPHY
2.1.2.1 POSITION CONTROL. IF ELECTRONIC SURVEYING SYSTEMS ARE NOT
AVAILABLE, CONTROL FOR HYDROGRAPHIC DEVELOPMENT WILL BE BY THREE-POINT
SEXTANT FIX OR FROM AZIMUTH INSTRUMENT BEARINGS FRO SHORE STATIONS. THE
PROBABLE ERROR FOR EACH FIX USED FOR CONTROL OF SOUNDING LINES SHALL NOT
EXCEE 15 METERS AND NO LINE SHALL BE ACCEPTED THAT HAS MORE THAN TWO
CONSECUTIVELY REJECTED FIXES.
2.1.2.2 SOUNDINGS. SOUNDINGS SHALL BE OBTAINED BY CONTINUOUS
RECORDING ECHO-SOUNDING EQUIPMENT. DEPTH CHECKS SHALL BE TAKEN AT LEAST
TWO TIMES DURING EACH DAY'S OPERATION TO VERIFY ACCURACY OF AL SONAR
DEPTH SOUNDINGS. EACH DEPTH CHECK SHALL CONSIST OF A SERIES OF READINGS
AT 3-METER OR 10-FOO INTERVALS TO THE MAXIMUM PRACTICAL DEPTH
OBTAINABLE, NOT TO EXCEED THE MAXIMUM EXPECTED SOUNDING DEPTH FOR THAT
DAY. THE RESULTS OF THESE COMPARISONS WILL BE ENTERED IN THE SOUNDING
JOURNALS.
CORRECTIONS FOR TRANSDUCER DEPTH, ZERO SETTING, CURRENT FREQUENCY
FLUCTUATION, AND TIDE SHALL BE ENTERED IN THE SOUNDING JOURNAL.
SOUNDING LINES SHALL HAVE A MINIMUM SPACING OF 6 MILLIMETERS AT THE
SCALE OF DEVELOPMENT, EXCEPT WHERE DEPTH AND CHARACTER OF THE BOTTOM
WILL PERMIT WISER SPACING. STANDARD SCALES WILL BE USED (SP-4,
B-20303). NORMALLY, FIX INTERVAL AND SOUNDING INTERVAL WILL BE AS
FOLLOWS; HOWEVER, FIX INTERVALS SHOULD NOT EXCEED 2 TO 4 CENTIMETERS
AND THE SOUNDING INTERVAL SHOULD NOT EXCEED THE LINE SPACING:
SCALE OF DEVELOPMENT FIX INTERVAL SOUNDING INTERVAL
1:10,000 1 MIN 15 SEC
1:25,000 3 MIN 30 SEC
1:40,000 5 MIN 1 MIN
CROSS CHECK LINES SHALL BE RUN NORMAL TO THE DIRECTION OF THE REGULAR
SOUNDING LINES AND AT INTERVALS NO GREATER THAN 7.5 CENTIMETERS AT THE
SCALE OF DEVELOPMENT. AGREEMENT AT INTERSECTIONS OF CHECK SOUNDINGS AND
REGULAR SOUNDINGS SHALL BE WITHIN (+ OVER -) 0.5 METERS FROM 0 TO 21
METERS, (+ OVER -) 1 METER FROM .21 TO 100 METERS, AND (+ OVER -) 1% FOR
ALL DEPTHS GREATER THAN 100 METERS
ANY LINE WHICH DOES NOT MEET THE ABOVE CRITERIA SHALL BE RESOUNDED.
ON COMPLETION OF AREA DEVELOPMENT, A RECOMMENDED CHANNEL WILL BE
SELECTED AND A MINIMUM OF FOUR SOUNDING LINES SHALL BE RUN ALONG ITS
ENTIRE LENGTH.
2.1.2.3 SURVEY OF PIERS. HAND LEAD SOUNDINGS SHALL BE TAKEN EVERY 6
METERS ALONG THE FACE OF PIERS, USING TAPED DISTANCES. ADDITIONAL LINES
OF SOUNDINGS SHALL BE RUN PARALLEL TO THE PIERS AT DISTANCES OF 6, 12,
AND 18 METERS. PIER DIMENSIONS AND THE AZIMUTH OF THE AXIS OF PIERS
SHALL BE CAREFULLY MEASURED.
2.1.2.4 SHOAL INVESTIGATION. THE AREA WHERE A SHOAL IS FOUND OR
WHERE THE EXISTENCE OF A SHOAL IS SUSPECTED SHALL BE SOUNDED BY A SERIES
OF CLOSELY SPACED LINES UNTIL IT IS CERTAIN THAT THE LEAS DEPTH HAS BEEN
FOUND AND ACCURATELY POSITIONED.
2.1.3 TIDE OBSERVATION. IF A PERMANENT TIDE GAGE IS NOT LOCATED IN
THE VICINITY, A PORTABLE TID GAGE SHALL BE ESTABLISHED AND MAINTAINED
THROUGHOUT THE SURVEY PERIOD (AT LEAST 29 DAYS). ALL SOUNDINGS SHALL BE
REFERENCED TO THE SAME TIDAL DATUM AS THAT OF THE LARGEST SCALE CHART IN
THE AREA.
A TIDE STAFF SHOULD BE ESTABLISHED WITH ANY PORTABLE GAGE AND TIED TO
TWO OR MORE BENCH MARKS BY DIFFERENTIAL LEVELING. ALL LEVELING SHALL BE
IN ACCORDANCE WITH STANDARDS FOR THIRD-ORDER ACCURACY (SP-4, A-10303),
AND LEVEL LINES SHALL BE DOUBLE RUN OR CLOSED LOOPS.
2.1.4 BOTTOM SAMPLES. BOTTOM SAMPLES SHALL BE OBTAINED AT 7.5
CENTIMETER-SQUARE INTERVALS AT TH SCALE OF DEVELOPMENT TO A DEPTH OF 31
METERS. THE BOTTOM SAMPLE DATA RECORDS MUST BE CORRELATED BY FIX NUMBER
ON THE BOAT SHEET AND IN THE SOUNDING JOURNAL, AND MUST IDENTIFY THE
TYPE OF SEDIMENT.
2.1.5 CURRENT OBSERVATIONS. CURRENT OBSERVATIONS SHALL BE MADE IN
THE SHIP CHANNELS AND IN OTHE AREAS INDICATED IN THE SURVEY
SPECIFICATIONS. FOR EACH CURRENT STATION, AT LEAST 48 HOURS OF
CONTINUOUS OBSERVATIONS ARE TO BE MADE DURING THE PERIODS OF SPRING AND
NEAP TIDES. PREFERABLY, TH CURRENT METER SHALL BE SUBMERGED TO ONE-HALF
THE DRAFT OF THE LARGEST SHIP ENTERING THE HARBOR.
2.1.6 AIDS AND DANGERS TO NAVIGATION. DANGERS DISCOVERED DURING THE
SURVEY SHALL BE REPORTED BY MESSAGE TO THE U.S. NAVAL OCEANOGRAPHIC
OFFICE, WASHINGTON, D.C.
2.1.6.1 SAILING DIRECTIONS. COMPLETE NEW SAILING DIRECTIONS FOR
HARBOR AND APPROACHES SHALL BE WRITTEN. EXISTING SAILING DIRECTIONS FOR
THE SURVEY AREA SHOULD BE USED AS A GUIDE IN PREPARING TH NEW
DIRECTIONS. PHOTOGRAPHS OF COASTS, HARBOR APPROACHES (INCLUDING PORT
PANORAMAS), LANDMARKS, AN NAVIGATIONAL FEATURES AND AIDS WILL BE TAKEN
TO FULFILL REQUIREMENTS FOR THE SAILING DIRECTIONS.
3. DATA REDUCTION REPORTS
3.1 DATA REDUCTION. RECORDS OF ALL SURVEY AND OBSERVATIONAL DATA
OBTAINED SHALL BE PROCESSED AS RAPIDLY AS POSSIBLE AND TO THE FULLEST
DEGREE PRACTICABLE WITH THE OBJECT OF IDENTIFYING, ON THE SCENE, ANY
WORK THAT MUST BE REPEATED BECAUSE OF FAILURE TO MEET DESIRED STANDARDS.
(TABLE OMITTED) ANNEX A
GREECE 12 DEC 1974 FLITE DOCUMENT NO. 7502425
AGREEMENT
CREDIT AGREEMENT FOR THE PURCHASE OF DEFENSE ARTICLES AND SERVICES OF
UNITED STATES ORIGIN.
CREDIT AGREEMENT, MADE AND ENTERED INTO THE 12TH DAY OF DECEMBER,
1974, BETWEEN THE GOVERNMENT OF GREECE, REPRESENTED BY ITS DEFENSE AND
ARMY ATTACHE, AND THE GOVERNMENT OF THE UNITED STATES OF AMERICA,
REPRESENTED BY THE DEPARTMENT OF DEFENSE OF THE UNITED STATES OF
AMERICA.
WITNESSETH
WHEREAS, THE GOVERNMENT OF GREECE (HEREINAFTER SOMETIMES REFERRED TO
AS THE "BORROWER") DESIRES T ENTER INTO PURCHASE CONTRACTS (HEREINAFTER
REFERRED TO AS "PURCHASE ARRANGEMENTS") WITH THE MILITAR DEPARTMENTS AND
AGENCIES OF THE UNITED STATES DEPARTMENT OF DEFENSE (HEREINAFTER
REFERRED TO AS "DOD") AND/OR VARIOUS UNITED STATES COMMERCIAL SUPPLIERS
FOR THE PURCHASE OF DEFENSE ARTICLES AND SERVICES OF UNITED STATES
ORIGIN (HEREINAFTER COLLECTIVELY REFERRED TO AS "DEFENSE ITEMS"); AND
WHEREAS, THE BORROWER HAS REQUESTED THE GOVERNMENT OF THE UNITED
STATES OF AMERICA (HEREINAFTER SOMETIMES REFERRED TO AS THE "LENDER") TO
FINANCE PAYMENTS REQUIRED TO BE MADE BY THE BORROWER UNDE THE PURCHASE
ARRANGEMENTS; AND
WHEREAS, THE AFORESAID REQUESTED CREDIT WILL FACILITATE THE PURPOSES
OF THE UNITED STATES FOREIGN MILITARY SALES ACT, AS AMENDED;
NOW THEREFORE, IN CONSIDERATION OF THE PREMISE AND THE MUTUAL
COVENANTS HEREINAFTER SET FORTH, AN IN IMPLEMENTATION OF, AND SUBJECT TO
THE PROVISIONS OF THE MUTUAL DEFENSE ASSISTANCE AGREEMENT BETWEEN THE
GOVERNMENT OF GREECE AND THE GOVERNMENT OF THE UNITED STATES OF AMERICA,
DATED 20 JUNE 1947, THE PARTIES HERETO AGREE AS FOLLOWS:
1. SUBJECT TO THE TERMS AND CONDITIONS HEREOF, THE LENDER AGREES TO
MAKE LOANS TO THE BORROWER FROM TIME TO TIME IN AN AGGREGATE PRINCIPAL
AMOUNT UP TO BUT NOT EXCEEDING $23,000,000 (HEREINAFTER CALLED THE
"COMMITMENT").
2. THE AFORESAID COMMITMENT SHALL BE AVAILABLE ONLY TO FINANCE THE
PURCHASE OF DEFENSE ITEMS BY THE BORROWER PURSUANT TO PURCHASE
ARRANGEMENTS AUTHORIZED FOR SUCH FINANCING BY DOD WHICH ARE ENTERED INTO
BY THE BORROWER ON OR BEFORE 30 JUNE, 1976. EACH AUTHORIZATION FOR THE
BORROWER TO ENTER INTO A PURCHASE ARRANGEMENT IN IMPLEMENTATION OF THIS
CREDIT AGREEMENT SHALL BE SEPARATELY COMMUNICATED BY DOD IN WRITING TO
THE BORROWER, WHICH AUTHORIZATION SHALL SPECIFY THE DEFENSE ITEMS AND
THE AMOUNT OF CREDIT AUTHORIZED FOR THE PURCHASE ARRANGEMENT. THE
BORROWER SHALL INCORPORATE INTO EACH SUCH PURCHASE ARRANGEMENT WITH
COMMERCIAL SUPPLIERS THE PROVISIONS OF ANNEX A HERETO AND ATTACH AS AN
EXHIBIT TO THE PURCHASE ARRANGEMENT A TRUE COPY OF THE APPLICABLE
AFORESAID AUTHORIZATION AND OF PARAGRAPH 9 OF THIS CREDIT AGREEMENT.
3. EACH LOAN HEREUNDER BY THE LENDER SHALL BE MADE IN ACCORDANCE
WITH THE FOLLOWING PROCEDURES:
(A) EACH LOAN SHALL BE MADE ON SUCH DATE (HEREINAFTER REFERRED TO AS
A "DISBURSEMENT DATE") AS MAY BE DESIGNATED BY THE BORROWER FROM TIME TO
TIME UPON TEN (10) DAYS WRITTEN NOTICE BY THE BORROWER TO THE LENDER.
(B) EACH NOTICE SHALL SPECIFY THE AMOUNT OF THE LOAN TO BE MADE BY
THE LENDER ON THE DISBURSEMEN DATE, AND SHALL SPECIFY THE SUPPLIER OR
SUPPLIERS (INCLUDING THE MILITARY DEPARTMENTS OR AGENCIES O DOD) TO WHOM
THE DISBURSEMENT IS TO BE REMITTED BY THE LENDER.
(C) EACH NOTICE SHALL BE PREPARED IN QUADRUPLICATE ON U.S. STANDARD
FORM 1034 AND SHALL BE SENT TO THE COMPTROLLER, DEFENSE SECURITY
ASSISTANCE AGENCY, THE PENTAGON, WASHINGTON, D.C. 20301.
(D) IN THE CASE OF DISBURSEMENTS REQUESTED TO BE MADE TO COMMERCIAL
SUPPLIERS, THE INVOICES SHAL BE PREPARED IN ACCORDANCE WITH THE
PROCEDURE SET FORTH IN ANNEX A HERETO.
(E) IN THE CASE OF DISBURSEMENTS REQUESTED TO BE MADE TO THE MILITARY
DEPARTMENTS AND AGENCIES O DOD, THE NOTICES SHALL HAVE ANNEXED THERETO
COPIES OF THE PAYMENT REQUEST RECEIVED BY THE BORROWER FROM SUCH
MILITARY DEPARTMENT OR AGENCY AGAINST WHICH DISBURSEMENT IS REQUESTED.
(F) WITH EACH NOTICE, THE BORROWER SHALL CONCURRENTLY TRANSMIT TO THE
LENDER AT THE ADDRESS SET FORTH IN SUBPARAGRAPH (C) ABOVE OF THIS
PARAGRAPH A PROMISSORY NOTE SUBSTANTIALLY IN THE FORM OF ANNEX B HERETO
(WITH THE BLANKS APPROPRIATELY FILLED IN) RECITING THE OBLIGATION OF THE
BORROWER TO REPAY THE AMOUNT OF SUCH LOAN WITH INTEREST THEREON AS
HEREINAFTER SET FORTH. (THE PROMISSORY NOTE HEREINAFTER REFERRED TO ARE
HEREINAFTER CALLED THE "NOTES" AND INDIVIDUALLY A "NOTE").
4. AT LEAST 50 PERCENT OF THE GROSS TONNAGE OF THE DEFENSE ARTICLES
MUST BE TRANSPORTED ON VESSELS OF UNITED STATES REGISTRY, UP TO 50
PERCENT OF THE GROSS TONNAGE OF THE DEFENSE ARTICLES MA BE SHIPPED ON
VESSELS OF UNITED STATES-APPROVED NON-UNITED STATES REGISTRY. THE
GOVERNMENT OF GREECE SHALL ESTABLISH A MONITORING PROCEDURE TO INSURE
THAT THE 50 PERCENT REQUIREMENT IS NOT VIOLATED.
5. THIS AGREEMENT EVIDENCES THE LEGAL AND BINDING OBLIGATION OF THE
BORROWER TO MAKE REPAYMENTS TO THE LENDER FOR DISBURSEMENTS MADE BY THE
LENDER IN ACCORDANCE WITH THE TERMS HEREOF. THE LENDER MAY SELL OR
ASSIGN, IN WHOLE OR IN PART, ITS RIGHTS TO SAID REPAYMENTS AND MAY, WITH
RESPECT TO SUC SALE OR ASSIGNMENT, GUARANTEE PAYMENT OF THE SAME.
6.(A) THE BORROWER SHALL REPAY THE DISBURSEMENTS MADE BY THE LENDER
IN ACCORDANCE WITH THE PRINCIPAL REPAYMENT SCHEDULE SET FORTH IN ANNEX C
HERETO, AND SHALL PAY INTEREST SEMIANNUALLY ON 1 JANUARY AND 1 JULY
COMMENCING 1 JANUARY 1975, AT THE RATE OF SEVEN AND SEVEN EIGHTS PERCENT
(7-7/8% PER ANNUM, USING A 365 DAY FACTOR, ON THE AMOUNT BY WHICH FROM
TIME TO TIME CUMULATIVE DISBURSEMENT EXCEED CUMULATIVE REPAYMENTS OF
PRINCIPAL.
(B) IF ON ANY INSTALLMENT REPAYMENT DATE SET FORTH IN THE PRINCIPAL
REPAYMENT SCHEDULE THE BORROWER SHALL NOT HAVE AVAILED ITSELF OF THE
COMMITMENT OF THE LENDER IN AN AGGREGATE AMOUNT (LESS REPAYMENTS
PREVIOUSLY MADE) EQUAL TO THE AGGREGATE INSTALLMENT OF PRINCIPAL WHICH
IS REPAYABLE ON SUCH DATE TO THE LENDER, THE BORROWER SHALL, ON SUCH
INSTALLMENT DATE, REPAY TO THE LENDER THE FULL AMOUNT (LESS REPAYMENTS
PREVIOUSLY MADE) TO WHICH IT HAS AVAILED ITSELF OF THE COMMITMENT OF THE
LENDER TO SUCH DATE, TOGETHER WITH THE INTEREST ACCRUED THEREON. IF AT
ANY TIME THEREAFTER THE BORROWER SHALL AVAIL ITSELF OF THE COMMITMENT OF
THE LENDER IN AN AMOUNT WHICH WOULD HAVE BEEN PAYABLE ON A PRIOR
INSTALLMENT REPAYMENT DATE BUT FOR THE PROVISIONS OF THE IMMEDIATELY
PRECEDING SENTENCE, SUCH AMOUNT, TOGETHER WITH THE INTEREST ACCRUED
THEREON, SHALL BE REPAYABLE ON THE NEXT SUCCEEDING INSTALLMENT DATE OF
THE PRINCIPAL REPAYMENT SCHEDULE OCCURRING AFTER THE DISBURSEMENT OF
SUCH AMOUNT AND THE SAID AGGREGATE INSTALLMENT OF PRINCIPAL REPAYABLE
UNDER THE PRINCIPAL REPAYMENT SCHEDULE TO THE LENDER ON THAT DATE SHALL
BE INCREASED BY SUCH AMOUNT.
(C) IF BY THE DATE SPECIFIED IN PARAGRAPH 2 ABOVE, THE BORROWER SHALL
NOT HAVE ENTERED INTO AUTHORIZED PURCHASE ARRANGEMENTS IN AN AGGREGATE
AMOUNT EQUAL TO THE ENTIRE AMOUNT OF THE COMMITMENT, THE INSTALLMENTS OF
PRINCIPAL REPAYABLE TO THE LENDER SET FORTH IN THE PRINCIPAL REPAYMENT
SCHEDULE SHALL BE REDUCED IN THE INVERSE ORDER OF THE MATURITY THEREOF
TO THE EXTENT OF THE UNUSED BALANCE OF THE COMMITMENT.
(D) WHENEVER ANY REPAYMENT TO BE MADE BY THE BORROWER SHALL BE DUE ON
A SATURDAY, SUNDAY, OR PUBLIC HOLIDAY UNDER THE LAWS OF THE LENDER, SUCH
REPAYMENT MAY BE MADE ON THE NEXT SUCCEEDING BUSINESS DAY, AND SUCH
EXTENSION OF TIME SHALL IN SUCH CASE BE INCLUDED IN COMPUTING INTEREST
IN CONNECTION WITH SUCH REPAYMENT BUT EXCLUDED FROM THE NEXT INTEREST
PERIOD.
(E) THE BORROWER MAY PREPAY THE CREDIT EXTENDED UNDER THIS AGREEMENT
IN PART OR IN FULL ON ANY INTEREST PAYMENT DATE WITHOUT PENALTY OR
PREMIUM, BUT SUCH PREPAYMENT MUST BE ACCOMPANIED BY PAYMEN OF INTEREST
ON THE AMOUNT PREPAID TO THE DATE OF PREPAYMENT AND MUST BE APPLIED TO
THE SATISFACTION OF INSTALLMENTS OF PRINCIPAL REPAYMENTS IN THE INVERSE
ORDER OF THEIR MATURITIES.
(F) ALL REPAYMENTS BY THE BORROWER ON ACCOUNT OF PRINCIPAL OR
INTEREST SHALL BE IN LAWFUL MONEY OF THE UNITED STATES OF AMERICA AND IN
IMMEDIATELY AVAILABLE FUNDS, FREE AND CLEAR OF, AND WITHOUT DEDUCTION
FOR, ANY AND ALL TAXES, LEVIES, IMPOSTS, DEDUCTIONS AND WITHHOLDINGS
WHATSOEVER IMPOSED, LEVIED, COLLECTED OR ASSESSED WITH RESPECT THERETO
BY ANY CENTRAL OR LOCAL AUTHORITY OF GREECE.
7.(A) THE NOTES SHALL BE FURTHER EVIDENCE OF THE OBLIGATION OF THE
BORROWER TO REPAY THE LOANS MADE HEREUNDER. EACH NOTE SHALL BE DATED
THE PARTICULAR DISBURSEMENT DATE OF THE LOAN WHICH SUCH NOTE EVIDENCES,
SHALL BE PAYABLE TO THE ORDER OF THE GOVERNMENT OF THE UNITED STATES IN
THE PRINCIPAL AMOUNT OF SUCH DISBURSEMENT, AND SHALL BEAR INTEREST ON
THE UNPAID PRINCIPAL AMOUNT THEREOF AS PROVIDED IN PARAGRAPH 6(A).
(B) THE NOTES SHALL BE COMPLETED BY THE BORROWER IN SUCH A MANNER
THAT REPAYMENT OF SUCH LOANS SHALL BE MADE IN THE ORDER OF THEIR
DISBURSEMENT, UTILIZING THE PRINCIPAL REPAYMENT SCHEDULE SET FORTH IN
ANNEX C (AS THE SAME MAY BE ADJUSTED IN ACCORDANCE WITH PARAGRAPHS 6(B)
AND (C) HEREOF), AND, IN DETERMINING WHETHER A PARTICULAR LOAN IS
REPAYABLE IN ONE OR MORE INSTALLMENTS, UTILIZING A PARTICULAR
INSTALLMENT PAYMENT DATE ONLY AFTER THE FULL UTILIZATION OF THE NEXT
PRECEDING INSTALLMENT DATE.
(C) EACH NOTE SHALL BE SIGNED ON BEHALF OF THE BORROWER BY THE
DEFENSE AND ARMY ATTACHE OF THE EMBASSY OF GREECE IN WASHINGTON, D.C.
8.(A) THE BORROWER REPRESENTS AND WARRANTS THAT THE MAKING AND
PERFORMANCE OF THIS AGREEMENT HAV BEEN DULY AUTHORIZED IN ACCORDANCE
WITH THE LAWS OF GREECE AND SHALL FURNISH TO THE LENDER UPON REQUEST
EVIDENCE, SATISFACTORY TO THE LENDER, OF THE AUTHORITY OF THE PERSON OR
PERSONS WHO HAVE SIGNED THIS AGREEMENT ON BEHALF OF THE BORROWER AND OF
THE PERSON OR PERSONS WHO WILL SIGN THE NOTE PROVIDED FOR HEREIN ON
BEHALF OF THE BORROWER, TOGETHER WITH THE AUTHENTICATED SPECIMEN
SIGNATURE, IN DUPLICATE, OF EACH OF THE LATTER.
(B) THIS AGREEMENT SHALL INURE TO THE BENEFIT OF THE HOLDERS OF THE
NOTES, THEIR RESPECTIVE SUCCESSORS AND ASSIGNS. THIS AGREEMENT AND THE
NOTES SHALL BE DEEMED TO BE CONTRACTS UNDER THE LAW OF THE DISTRICT OF
COLUMBIA AND FOR ALL PURPOSES SHALL BE CONSTRUED IN ACCORDANCE WITH SAID
LAW. THE BORROWER AGREES THAT JURISDICTION MAY BE TAKEN BY COURTS IN
THE DISTRICT OF COLUMBIA WITH RESPECT TO MATTERS INVOLVING ANY NOTE,
PROVIDED SUCH NOTE IS HELD BY AN INDIVIDUAL, PARTNERSHIP, CORPORATION,
OR OTHER PRIVATE LEGAL ENTITY.
(C) THE BORROWER SHALL IN ALL CASES PAY WHEN AND AS DUE THE PRINCIPAL
OF AND INTEREST ON ALL NOTES ISSUED HEREUNDER, NOTWITHSTANDING ANY
CLAIMS WHICH THE BORROWER MAY NOT OR HEREAFTER HAVE AGAINST ANY SUPPLIER
OF THE DEFENSE ITEMS, DOD, THE LENDER, OR ANY OTHER PERSON OR ENTITY IN
CONNECTION WITH ANY OTHER TRANSACTION, FOR ANY REASON WHATSOEVER.
9. UPON THE OCCURRENCE OF ANY OF THE FOLLOWING EVENTS OF DEFAULT:
(A) IF THE BORROWER FAILS FOR A PERIOD OF THIRTY (30) DAYS TO MAKE
ANY PAYMENT OF PRINCIPAL OF, OR INTEREST ON, ANY NOTE WHEN DUE;
(B) IF ANY REPRESENTATION OR WARRANTY MADE BY THE BORROWER HEREIN OR
ANY CERTIFICATE FURNISHED B THE BORROWER PURSUANT HERETO PROVES TO BE AT
ANY TIME INCORRECT IN ANY MATERIAL RESPECT; OR
(C) IF THE BORROWER DEFAULTS IN THE PERFORMANCE OF ANY OTHER TERM,
COVENANT OR UNDERTAKING CONTAINED IN THIS CREDIT AGREEMENT, AND SUCH
DEFAULT SHALL CONTINUE UNREMEDIED FOR 30 DAYS AFTER WRITTEN NOTIFICATION
THEREOF SHALL HAVE BEEN GIVEN TO THE BORROWER BY THE LENDER; THEN, AND
IN ANY SUCH EVENT, THE HOLDER OF ANY NOTE MAY DECLARE IMMEDIATELY DUE
AND PAYABLE THE UNPAID PRINCIPAL OF, AND ACCRUED INTEREST ON, ANY OR ALL
NOTES HELD BY SUCH HOLDER AND SUCH AMOUNTS SHALL BECOME IMMEDIATELY DUE
AND PAYABLE WITHOUT PROTEST, PRESENTMENT, NOTICE OR OTHER DEMAND OF ANY
KIND, ALL O WHICH ARE HEREBY EXPRESSLY WAIVED BY THE BORROWER, AND THE
LENDER MAY TERMINATE ITS COMMITMENT HEREUNDER.
10. ALL COMMUNICATIONS AND OTHER DOCUMENTS REQUIRED OR PERMITTED
HEREUNDER, UNLESS SUBMITTED IN THE ENGLISH LANGUAGE, SHALL BE
ACCOMPANIED BY ONE ENGLISH TRANSLATION FOR EACH COPY OF SUCH DOCUMENTS
TO BE FURNISHED AND, IN THE EVENT OF CONFLICT, THE ENGLISH VERSION SHALL
GOVERN. EXCEPT AS OTHERWISE PROVIDED HEREIN, ALL NOTICES, REQUESTS OR
DEMANDS HEREUNDER SHALL BE DEEMED TO HAVE BEEN GIVEN OR MADE UPON THE
MAILING OF THE SAME, POSTAGE PREPAID, OR IN THE CASE OF TELEGRAPHIC
NOTICE, ON DELIVERY TO THE TELEGRAPHIC COMPANY, ADDRESSED IN THE CASE OF
THE BORROWER, TO THE DEFENSE ATTACHE OF THE EMBASSY OF GREECE, 2228
MASSACHUSETTS AVENUE, N.W., WASHINGTON, D.C. 20008 AND IN THE CASE OF
THE LENDER TO THE DIRECTOR, DEFENSE SECURITY ASSISTANCE AGENCY, THE
PENTAGON, WASHINGTON, D.C. 20301.
11. THIS AGREEMENT MAY BE EXECUTED IN ANY NUMBER OF COUNTERPARTS AND
BY THE PARTIES HERETO ON SEPARATE COUNTERPARTS, EACH OF WHICH SHALL BE
DEEMED AN ORIGINAL BUT ALL SUCH COUNTERPARTS TO CONSTITUTE ONE AND THE
SAME INSTRUMENT.
12. ANNEXES A THROUGH C ATTACHED HERETO ARE, BY THIS REFERENCE, MADE
A PART OF THIS AGREEMENT.
IN WITNESS WHEREOF, THE PARTIES HERETO HAVE DULY EXECUTED THIS
AGREEMENT THIS 12TH DAY OF DECEMBE 1974.
GOVERNMENT OF GREECE
SIGNED
BY MENELAOS ALEXANDRAKIS
GOVERNMENT OF THE UNITED STATES OF AMERICA
SIGNED
BY H.M. FISH
LT GENERAL, USAF DIRECTOR
ANNEX A AND A2
PAYMENT PROCEDURES
THE FOLLOWING PROCEDURES AND CONDITIONS SHALL BE ADHERED TO PRIOR TO
EACH DISBURSEMENT TO BE MADE BY THE GOVERNMENT OF THE UNITED STATES FOR
THE ACCOUNT OF THE GOVERNMENT OF GREECE.
1. THE SUPPLIER SHALL PREPARE AND SUBMIT TO THE DESIGNATED
REPRESENTATIVES OF THE GOVERNMENT OF GREECE IN WASHINGTON, D.C. INVOICES
ON U.S. STANDARD FORM 1034 IN SUFFICIENT NUMBER OF COPIES TO PERMIT THE
FORWARDING OF FOUR COPIES TO THE DISBURSING OFFICER DESIGNATED IN
PARAGRAPH 5 BELOW.
2. THE SUPPLIER SHALL INSURE THAT EACH INVOICE IS IN ACCORDANCE WITH
RELEVANT PROVISIONS OF ITS PURCHASE ARRANGEMENT WITH THE GOVERNMENT OF
GREECE.
3. THE SUPPLIER SHALL ATTACH TO EACH INVOICE A STATEMENT THAT
AUTHORIZED REPRESENTATIVES OF THE GOVERNMENT OF THE UNITED STATES SHALL,
UNTIL THE EXPIRATION OF THREE YEARS AFTER FINAL PAYMENT HEREUNDER, HAVE
ACCESS TO AND THE RIGHT TO EXAMINE ANY DIRECTLY RELATED PERTINENT BOOKS,
DOCUMENTS, PAPERS AND RECORDS OF THE SUPPLIER INVOLVING TRANSACTIONS
RELATING TO THE AFORESAID PURCHASE ARRANGEMENT.
4. TO THE EXTENT THAT ANY INVOICE REQUESTS PAYMENT OF ADVANCES, AS
DISTINGUISHED FROM PAYMENT FO DELIVERY OF DEFENSE ITEMS OR REIMBURSEMENT
IN THE FORM OF PROGRESS PAYMENTS FOR WORK OR SERVICES PERFORMED, THE
SUPPLIER SHALL ATTACH TO THE INVOICE A STATEMENT SETTING FORTH THE
UNDERSTANDING OF THE SUPPLIER THAT THE FULL AMOUNT OF THE ADVANCE WILL
BE MAINTAINED BY THE SUPPLIER IN A SEGREGATED ACCOUNT WHICH WILL BE
APPLIED SOLELY TO THE PERFORMANCE OF THE SUPPLIER'S OBLIGATIONS UNDER
THE PURCHASE ARRANGEMENT.
5. THE DESIGNATED REPRESENTATIVE OF THE GOVERNMENT OF GREECE IN
WASHINGTON, D.C. SHALL FORWARD SUCH INVOICES TO THE COMPTROLLER, DEFENSE
SECURITY ASSISTANCE AGENCY, THE PENTAGON, WASHINGTON, D.C 20301.
6. EACH INVOICE SHALL BE ACCOMPANIED BY A CERTIFICATION OF THE
GOVERNMENT OF GREECE AS FOLLOWS:
"THE GOVERNMENT OF GREECE CONFIRMS (THAT THE DEFENSE ITEMS SET HEREIN
HAVE BEEN SATISFACTORILY RECEIVED BY OR FOR THE GOVERNMENT OF GREECE)
(THAT THE WORK OR SERVICES FOR WHICH PROGRESS PAYMENTS ARE REQUESTED
HAVE BEEN SATISFACTORILY RENDERED) (THAT PAYMENT IS OTHERWISE DUE) UNDER
ITS PURCHASE ARRANGEMENT OF GREECE FOR THE PURCHASE OF DEFENSE ITEMS
FROM SUPPLIER, AND CERTIFIES THAT THE BILL IS CORRECT AND JUST AND THAT
PAYMENT THEREFOR HAS NOT BEEN MADE. PAYMENT OF THIS INVOICE IS
REQUESTED BY THE MINISTRY OF DEFENSE OF THE GOVERNMENT OF GREECE
PURSUANT TO THE TERMS OF THE CREDI AGREEMENT OF __________ BETWEEN THE
__________ OF THE GOVERNMENT OF GREECE AND THE GOVERNMENT OF TH UNITED
STATES OF AMERICA. THE GOVERNMENT OF GREECE CONFIRMS THAT SAID PURCHASE
ARRANGEMENT IS ONE OF THE PURCHASE ARRANGEMENTS AUTHORIZED BY THE
DEPARTMENT OF DEFENSE OF THE UNITED STATES OF AMERIC PURSUANT TO THE
AFORESAID CREDIT AGREEMENT OF __________ AND FURTHER CONFIRMS THAT THE
CUMULATIVE TOTAL OF THIS INVOICE AND INVOICES PREVIOUSLY PAID BY THE
GOVERNMENT OF THE UNITED STATES AGAINST SAID PURCHASE ARRANGEMENT DOES
NOT EXCEED THE AGGREGATE CREDIT CEILING ESTABLISHED BY THE GOVERNMEN OF
THE UNITED STATES FOR THE SAID PURCHASE ARRANGEMENT.
GOVERNMENT OF GREECE
BY (NAME TYPED)
(TITLE)
ANNEX B AND B2
PROMISSORY NOTE
U.S. $__________, WASHINGTON, D.C.
FOR VALUE RECEIVED, THE UNDERSIGNED, THE GOVERNMENT OF GREECE (HEREIN
CALLED "GREECE"), HEREBY PROMISES TO PAY TO THE ORDER OF THE GOVERNMENT
OF THE UNITED STATES OF AMERICA (HEREIN CALLED "UNITED STATES") THE
PRINCIPAL SUM OF __________ UNITED STATES DOLLARS (U.S. $__________ AS
FOLLOWS
TOGETHER WITH INTEREST ON ANY AND ALL AMOUNTS REMAINING UNPAID
HEREUNDER FROM TIME TO TIME FROM THE DATE HEREOF UNTIL THIS NOTE SHALL
BE PAID IN FULL, PAYABLE SEMIANNUALLY ON 1 JANUARY AND 1 JULY OF EACH
YEAR FROM DATE HEREOF AT THE RATE OF SEVEN AND SEVEN EIGHTS PERCENT PER
ANNUM (7-7/8%) USIN A 365 DAY FACTOR, BOTH PRINCIPAL AND INTEREST TO BE
PAYABLE IN LAWFUL MONEY OF THE UNITED STATES OF AMERICA TO THE
COMPTROLLER, DEFENSE SECURITY ASSISTANCE AGENCY, ATTENTION: FINANCE AND
ACCOUNTING DIVISION, THE PENTAGON, WASHINGTON, D.C. 20301. ALL PAYMENTS
MADE ON ACCOUNT OF THE PRINCIPAL AMOUNT REMAINING UNPAID HEREUNDER SHALL
BE ENDORSED BY THE HOLDER ON THE REVERSE SIDE OF THIS NOTE.
WHENEVER ANY PAYMENT TO BE MADE SHALL BE DUE ON A SATURDAY, SUNDAY,
OR A PUBLIC HOLIDAY UNDER THE LAWS OF THE GOVERNMENT OF THE UNITED
STATES, SUCH PAYMENT MAY BE MADE ON THE NEXT SUCCEEDING BUSINESS DAY,
AND SUCH EXTENSION OF TIME SHALL IN SUCH CASE BE INCLUDED IN COMPUTING
INTEREST IN CONNECTION WITH SUCH PAYMENT BUT EXCLUDED FROM THE NEXT
INTEREST PERIOD.
THIS NOTE MAY BE PREPAID ON ANY INTEREST PAYMENT DATE. PREPAYMENTS
SHALL BE APPLIED TO THE INSTALLMENTS HEREOF IN THE REVERSE ORDER OF
THEIR MATURITY. ALL PAYMENTS OF PRINCIPAL AND INTEREST ON THIS NOTE ARE
PAYABLE IN LAWFUL MONEY OF THE UNITED STATES OF AMERICA AND IN
IMMEDIATELY AVAILABLE FUNDS, FREE AND CLEAR OF, AND WITHOUT DEDUCTION
FOR, ANY TAXES, LEVIES, IMPOSTS, DEDUCTIONS, AND WITHHOLDINGS WHATSOEVER
NOW OR HEREAFTER IMPOSED, LEVIED, COLLECTED OR ASSESSED WIT RESPECT
THERETO BY ANY CENTRAL OR LOCAL AUTHORITY OF GREECE AND SHALL BE PAID
FREE FROM ALL RESTRICTIONS OF ANY CENTRAL OR LOCAL AUTHORITY OF GREECE.
THE GOVERNMENT OF GREECE AGREES TO PAY ALL OUT-OF-POCKET COSTS AND
EXPENSES IN CONNECTION WITH COLLECTION AFTER DEFAULT OF THIS NOTE
(INCLUDING THE REASONABLE FEES AND OUT-OF-POCKET EXPENSES OF COUNSEL) AS
WELL AS ALL STAMP AND SIMILAR TAXES, IF ANY, NOW OR HEREAFTER IN EFFECT,
AND TO SAVE TH HOLDER OF THE NOTE HARMLESS FROM ANY AND ALL LIABILITIES
WITH RESPECT TO OR RESULTING FROM ANY DELA OR OMISSION TO PAY SUCH
TAXES.
GOVERNMENT OF __________
BY (NAME TYPED)
(TITLE)
ANNEX C
PRINCIPAL REPAYMENT SCHEDULE
THE FIRST $1,437,500 OF DISBURSEMENTS ARE REPAYABLE ON 1 JANUARY 1977
THE NEXT $1,437,500 OF DISBURSEMENTS ARE REPAYABLE ON 1 JULY 1977
THE NEXT $1,437,500 OF DISBURSEMENTS ARE REPAYABLE ON 1 JANUARY 1978
THE NEXT $1,437,500 OF DISBURSEMENTS ARE REPAYABLE ON 1 JULY 1978
THE NEXT $1,437,500 OF DISBURSEMENTS ARE REPAYABLE ON 1 JANUARY 1979
THE NEXT $1,437,500 OF DISBURSEMENTS ARE REPAYABLE ON 1 JULY 1979
THE NEXT $1,437,500 OF DISBURSEMENTS ARE REPAYABLE ON 1 JANUARY 1980
THE NEXT $1,437,500 OF DISBURSEMENTS ARE REPAYABLE ON 1 JULY 1980
THE NEXT $1,437,500 OF DISBURSEMENTS ARE REPAYABLE ON 1 JANUARY 1981
THE NEXT $1,437,500 OF DISBURSEMENTS ARE REPAYABLE ON 1 JULY 1981
THE NEXT $1,437,500 OF DISBURSEMENTS ARE REPAYABLE ON 1 JANUARY 1982
THE NEXT $1,437,500 OF DISBURSEMENTS ARE REPAYABLE ON 1 JULY 1982
THE NEXT $1,437,500 OF DISBURSEMENTS ARE REPAYABLE ON 1 JANUARY 1983
THE NEXT $1,437,500 OF DISBURSEMENTS ARE REPAYABLE ON 1 JULY 1983
THE NEXT $1,437,500 OF DISBURSEMENTS ARE REPAYABLE ON 1 JANUARY 1984
THE LAST $1,437,500 OF DISBURSEMENTS ARE REPAYABLE ON 1 JULY 1984
GREECE 28 JUN 1974 FLITE DOCUMENT NO. 7502424
CREDIT AGREEMENT
PURCHASE ARRANGEMENTS BETWEEN THE GOVERNMENT OF GREECE AND THE
GOVERNMENT OF THE UNITED STATES OF AMERICA FOR THE PURCHASE OF DEFENSE
ARTICLES AND SERVICES
CREDIT AGREEMENT, MADE AND ENTERED INTO THE 28TH DAY OF JUNE, 1974,
BETWEEN THE GOVERNMENT OF GREECE, REPRESENTED BY ITS DEFENSE AND ARMY
ATTACHE, AND THE GOVERNMENT OF THE UNITED STATES OF AMERICA, REPRESENTED
BY THE DEPARTMENT OF DEFENSE OF THE UNITED STATES OF AMERICA.
WITNESSETH
WHEREAS, THE GOVERNMENT OF GREECE (HEREINAFTER SOMETIMES REFERRED TO
AS THE "BORROWER") DESIRES T ENTER INTO PURCHASE CONTRACTS (HEREINAFTER
REFERRED TO AS "PURCHASE ARRANGEMENTS") WITH THE MILITAR DEPARTMENTS AND
AGENCIES OF THE UNITED STATES DEPARTMENT OF DEFENSE (HEREINAFTER
REFERRED TO AS "DOD") AND/OR VARIOUS UNITED STATES COMMERCIAL SUPPLIERS
FOR THE PURCHASE OF DEFENSE ARTICLES AND SERVICES OF UNITED STATES
ORIGIN (HEREINAFTER COLLECTIVELY REFERRED TO AS "DEFENSE ITEMS"); AND
WHEREAS, THE BORROWER HAS REQUESTED THE GOVERNMENT OF THE UNITED
STATES OF AMERICA (HEREINAFTER SOMETIMES REFERRED TO AS THE "LENDER") TO
FINANCE PAYMENTS REQUIRED TO BE MADE BY THE BORROWER UNDE THE PURCHASE
ARRANGEMENTS; AND
WHEREAS, THE AFORESAID REQUESTED CREDIT WILL FACILITATE THE PURPOSES
OF THE UNITED STATES FOREIGN MILITARY SALES ACT, AS AMENDED;
NOW THEREFORE, IN CONSIDERATION OF THE PREMISE AND THE MUTUAL
COVENANTS HEREINAFTER SET FORTH, AN IN IMPLEMENTATION OF, AND SUBJECT TO
THE PROVISIONS OF THE MUTUAL DEFENSE ASSISTANCE AGREEMENT BETWEEN THE
GOVERNMENT OF GREECE AND THE GOVERNMENT OF THE UNITED STATES OF AMERICA,
DATED 20 JUNE 1947, THE PARTIES HERETO AGREE AS FOLLOWS:
1. SUBJECT TO THE TERMS AND CONDITIONS HEREOF, THE LENDER AGREES TO
MAKE LOANS TO THE BORROWER FROM TIME TO TIME IN AN AGGREGATE PRINCIPAL
AMOUNT UP TO BUT NOT EXCEEDING $2,500,000 (HEREINAFTER CALLED THE
"COMMITMENT").
2. THE AFORESAID COMMITMENT SHALL BE AVAILABLE ONLY TO FINANCE THE
PURCHASE OF DEFENSE ITEMS BY THE BORROWER PURSUANT TO PURCHASE
ARRANGEMENTS AUTHORIZED FOR SUCH FINANCING BY DOD WHICH ARE ENTERED INTO
BY THE BORROWER ON OR BEFORE 1 MAY, 1975. EACH AUTHORIZATION FOR THE
BORROWER TO ENTE INTO A PURCHASE ARRANGEMENT IN IMPLEMENTATION OF THIS
CREDIT AGREEMENT SHALL BE SEPARATELY COMMUNICATED BY DOD IN WRITING TO
THE BORROWER, WHICH AUTHORIZATION SHALL SPECIFY THE DEFENSE ITEMS AND
THE AMOUNT OF CREDIT AUTHORIZED FOR THE PURCHASE ARRANGEMENT. THE
BORROWER SHALL INCORPORATE INTO EACH SUCH PURCHASE ARRANGEMENT WITH
COMMERCIAL SUPPLIERS THE PROVISIONS OF ANNEX A HERETO AND ATTACH AS AN
EXHIBIT TO THE PURCHASE ARRANGEMENT A TRUE COPY OF THE APPLICABLE
AFORESAID AUTHORIZATION AND OF PARAGRAPH 9 OF THIS CREDIT AGREEMENT.
3. EACH LOAN HEREUNDER BY THE LENDER SHALL BE MADE IN ACCORDANCE
WITH THE FOLLOWING PROCEDURES:
(A) EACH LOAN SHALL BE MADE ON SUCH DATE (HEREINAFTER REFERRED TO AS
A "DISBURSEMENT DATE") AS MAY BE DESIGNATED BY THE BORROWER FROM TIME TO
TIME UPON TEN (10) DAYS WRITTEN NOTICE BY THE BORROWER TO THE LENDER.
(B) EACH NOTICE SHALL SPECIFY THE AMOUNT OF THE LOAN TO BE MADE BY
THE LENDER ON THE DISBURSEMEN DATE, AND SHALL SPECIFY THE SUPPLIER OR
SUPPLIERS (INCLUDING THE MILITARY DEPARTMENTS OR AGENCIES O DOD) TO WHOM
THE DISBURSEMENT IS TO BE REMITTED BY THE LENDER.
(C) EACH NOTICE SHALL BE PREPARED IN QUADRUPLICATE ON U.S. STANDARD
FORM 1034 AND SHALL BE SENT TO THE COMPTROLLER, DEFENSE SECURITY
ASSISTANCE AGENCY, THE PENTAGON, WASHINGTON, D.C. 20301.
(D) IN THE CASE OF DISBURSEMENTS REQUESTED TO BE MADE TO COMMERCIAL
SUPPLIERS, THE INVOICES SHAL BE PREPARED IN ACCORDANCE WITH THE
PROCEDURE SET FORTH IN ANNEX A HERETO.
(E) IN THE CASE OF DISBURSEMENTS REQUESTED TO BE MADE TO THE MILITARY
DEPARTMENTS AND AGENCIES O DOD, THE NOTICES SHALL HAVE ANNEXED THERETO
COPIES OF THE PAYMENT REQUEST RECEIVED BY THE BORROWER FROM SUCH
MILITARY DEPARTMENT OR AGENCY AGAINST WHICH DISBURSEMENT IS REQUESTED.
(F) WITH EACH NOTICE, THE BORROWER SHALL CONCURRENTLY TRANSMIT TO THE
LENDER AT THE ADDRESS SET FORTH IN SUBPARAGRAPH (C) ABOVE OF THIS
PARAGRAPH A PROMISSORY NOTE SUBSTANTIALLY IN THE FORM OF ANNEX B HERETO
(WITH THE BLANKS APPROPRIATELY FILLED IN) RECITING THE OBLIGATION OF THE
BORROWER TO REPAY THE AMOUNT OF SUCH LOAN WITH INTEREST THEREON AS
HEREINAFTER SET FORTH. (THE PROMISSORY NOTE HEREINABOVE REFERRED TO ARE
HEREINAFTER CALLED THE "NOTES" AND INDIVIDUALLY A "NOTE").
4. AT LEAST 50 PERCENT OF THE GROSS TONNAGE OF THE DEFENSE ARTICLES
MUST BE TRANSPORTED ON VESSELS OF UNITED STATES REGISTRY, UP TO 50
PERCENT OF THE GROSS TONNAGE OF THE DEFENSE ARTICLES MA BE SHIPPED ON
VESSELS OF UNITED STATES-APPROVED NON-UNITED STATES REGISTRY. THE
GOVERNMENT OF GREECE SHALL ESTABLISH A MONITORING PROCEDURE TO INSURE
THAT THE 50 PERCENT REQUIREMENT IS NOT VIOLATED.
5. THIS AGREEMENT EVIDENCES THE LEGAL AND BINDING OBLIGATION OF THE
BORROWER TO MAKE REPAYMENTS TO THE LENDER FOR DISBURSEMENTS MADE BY THE
LENDER IN ACCORDANCE WITH THE TERMS HEREOF. THE LENDER MAY SELL OR
ASSIGN, IN WHOLE OR IN PART, ITS RIGHTS TO SAID REPAYMENTS AND MAY, WITH
RESPECT TO SUC SALE OR ASSIGNMENT, GUARANTEE PAYMENT OF THE SAME.
6.(A) THE BORROWER SHALL REPAY THE DISBURSEMENTS MADE BY THE LENDER
IN ACCORDANCE WITH THE PRINCIPAL REPAYMENT SCHEDULE SET FORTH IN ANNEX C
HERETO, AND SHALL PAY INTEREST SEMIANNUALLY ON 1 JANUARY AND 1 JULY
COMMENCING 1 JANUARY 1975, AT THE RATE OF SEVEN AND SEVEN EIGHTS PERCENT
(7-7/8% PER ANNUM, USING A 365 DAY FACTOR, ON THE AMOUNT BY WHICH FROM
TIME TO TIME CUMULATIVE DISBURSEMENT EXCEED CUMULATIVE REPAYMENTS OF
PRINCIPAL.
(B) IF ON ANY INSTALLMENT REPAYMENT DATE SET FORTH IN THE PRINCIPAL
REPAYMENT SCHEDULE THE BORROWER SHALL NOT HAVE AVAILED ITSELF OF THE
COMMITMENT OF THE LENDER IN AN AGGREGATE AMOUNT (LESS REPAYMENTS (LESS
REPAYMENTS PREVIOUSLY MADE) EQUAL TO THE AGGREGATE INSTALLMENT OF
PRINCIPAL WHICH IS REPAYABLE ON SUCH DATE TO THE LENDER, THE BORROWER
SHALL, ON SUCH INSTALLMENT DATE, REPAY TO THE LENDER THE FULL AMOUNT
(LESS REPAYMENTS PREVIOUSLY MADE) TO WHICH IT HAS AVAILED ITSELF OF THE
COMMITMENT OF THE LENDER TO SUCH DATE, TOGETHER WITH THE INTEREST
ACCRUED THEREON. IF AT ANY TIME THEREAFTER THE BORROWER SHALL AVAIL
ITSELF OF THE COMMITMENT OF THE LENDER IN AN AMOUNT WHICH WOULD HAVE
BEEN PAYABLE ON A PRIOR INSTALLMENT REPAYMENT DATE BUT FOR THE
PROVISIONS OF THE IMMEDIATELY PRECEDING SENTENCE, SUCH AMOUNT, TOGETHER
WITH THE INTEREST ACCRUED THEREON, SHALL BE REPAYABLE ON THE NEXT
SUCCEEDING INSTALLMENT DATE OF THE PRINCIPAL REPAYMENT SCHEDULE
OCCURRING AFTER THE DISBURSEMENT OF SUCH AMOUNT AND THE SAID AGGREGATE
INSTALLMENT OF PRINCIPAL REPAYABLE UNDER THE PRINCIPAL REPAYMENT
SCHEDULE TO THE LENDER ON THAT DATE SHALL BE INCREASED BY SUCH AMOUNT.
(C) IF BY THE DATE SPECIFIED IN PARAGRAPH 2 ABOVE, THE BORROWER SHALL
NOT HAVE ENTERED INTO AUTHORIZED PURCHASE ARRANGEMENTS IN AN AGGREGATE
AMOUNT EQUAL TO THE ENTIRE AMOUNT OF THE COMMITMENT, THE INSTALLMENTS OF
PRINCIPAL REPAYABLE TO THE LENDER SET FORTH IN THE PRINCIPAL REPAYMENT
SCHEDULE SHALL BE REDUCED IN THE INVERSE ORDER OF THE MATURITY THEREOF
TO THE EXTENT OF THE UNUSED BALANCE OF THE COMMITMENT.
(D) WHENEVER ANY REPAYMENT TO BE MADE BY THE BORROWER SHALL BE DUE ON
A SATURDAY, SUNDAY, OR PUBLIC HOLIDAY UNDER THE LAWS OF THE LENDER, SUCH
REPAYMENT MAY BE MADE ON THE NEXT SUCCEEDING BUSINESS DAY, AND SUCH
EXTENSION OF TIME SHALL IN SUCH CASE BE INCLUDED IN COMPUTING INTEREST
IN CONNECTION WITH SUCH REPAYMENT BUT EXCLUDED FROM THE NEXT INTEREST
PERIOD.
(E) THE BORROWER MAY PREPAY THE CREDIT EXTENDED UNDER THIS AGREEMENT
IN PART OR IN FULL ON ANY INTEREST PAYMENT DATE WITHOUT PENALTY OR
PREMIUM, BUT SUCH PREPAYMENT MUST BE ACCOMPANIED BY PAYMEN OF INTEREST
ON THE AMOUNT PREPAID TO THE DATE OF PREPAYMENT AND MUST BE APPLIED TO
THE SATISFACTION OF INSTALLMENTS OF PRINCIPAL REPAYMENTS IN THE INVERSE
ORDER OF THEIR MATURITIES.
(F) ALL REPAYMENTS BY THE BORROWER ON ACCOUNT OF PRINCIPAL OR
INTEREST SHALL BE IN LAWFUL MONEY OF THE UNITED STATES OF AMERICA AND IN
IMMEDIATELY AVAILABLE FUNDS, FREE AND CLEAR OF, AND WITHOUT DEDUCTION
FOR, ANY AND ALL TAXES, LEVIES, IMPOSTS, DEDUCTIONS AND WITHHOLDINGS
WHATSOEVER IMPOSED, LEVIED, COLLECTED OR ASSESSED WITH RESPECT THERETO
BY ANY CENTRAL OR LOCAL AUTHORITY OF
7.(A) THE NOTES SHALL BE FURTHER EVIDENCE OF THE OBLIGATION OF THE
BORROWER TO REPAY THE LOANS MADE HEREUNDER. EACH NOTE SHALL BE DATED
THE PARTICULAR DISBURSEMENT DATE OF THE LOAN WHICH SUCH NOTE EVIDENCES,
SHALL BE PAYABLE TO THE ORDER OF THE GOVERNMENT OF THE UNITED STATES IN
THE PRINCIPAL AMOUNT OF SUCH DISBURSEMENT, AND SHALL BEAR INTEREST ON
THE UNPAID PRINCIPAL AMOUNT THEREOF AS PROVIDED IN PARAGRAPH 6(A).
(B) THE NOTES SHALL BE COMPLETED BY THE BORROWER IN SUCH A MANNER
THAT REPAYMENT OF SUCH LOANS SHALL BE MADE IN THE ORDER OF THEIR
DISBURSEMENT, UTILIZING THE PRINCIPAL REPAYMENT SCHEDULE SET FORTH IN
ANNEX C (AS THE SAME MAY BE ADJUSTED IN ACCORDANCE WITH PARAGRAPHS 6(B)
AND (C) HEREOF), AND, IN DETERMINING WHETHER A PARTICULAR LOAN IS
REPAYABLE IN ONE OR MORE INSTALLMENTS, UTILIZING A PARTICULAR
INSTALLMENT PAYMENT DATE ONLY AFTER THE FULL UTILIZATION OF THE NEXT
PRECEDING INSTALLMENT DATE.
(C) EACH NOTE SHALL BE SIGNED ON BEHALF OF THE BORROWER BY THE
DEFENSE AND ARMY ATTACHE OF THE EMBASSY OF GREECE IN WASHINGTON, D.C.
8.(A) THE BORROWER REPRESENTS AND WARRANTS THAT THE MAKING AND
PERFORMANCE OF THIS AGREEMENT HAV BEEN DULY AUTHORIZED IN ACCORDANCE
WITH THE LAWS OF GREECE AND SHALL FURNISH TO THE LENDER UPON REQUEST
EVIDENCE, SATISFACTORY TO THE LENDER, OF THE AUTHORITY OF THE PERSON OR
PERSONS WHO HAVE SIGNED THIS AGREEMENT ON BEHALF OF THE BORROWER AND OF
THE PERSON OR PERSONS WHO WILL SIGN THE NOTE PROVIDED FOR HEREIN ON
BEHALF OF THE BORROWER, TOGETHER WITH THE AUTHENTICATED SPECIMEN
SIGNATURE, IN DUPLICATE, OF EACH OF THE LATTER.
(B) THIS AGREEMENT SHALL INURE TO THE BENEFIT OF THE HOLDERS OF THE
NOTES, THEIR RESPECTIVE SUCCESSORS AND ASSIGNS. THIS AGREEMENT AND THE
NOTES SHALL BE DEEMED TO BE CONTRACTS UNDER THE LAW OF THE DISTRICT OF
COLUMBIA AND FOR ALL PURPOSES SHALL BE CONSTRUED IN ACCORDANCE WITH SAID
LAW. THE BORROWER AGREES THAT JURISDICTION MAY BE TAKEN BY COURTS IN
THE DISTRICT OF COLUMBIA WITH RESPECT TO MATTERS INVOLVING ANY NOTE,
PROVIDED SUCH NOTE IS HELD BY AN INDIVIDUAL, PARTNERSHIP, CORPORATION,
OR OTHER PRIVATE LEGAL ENTITY.
(C) THE BORROWER SHALL IN ALL CASES PAY WHEN AND AS DUE THE PRINCIPAL
OF AND INTEREST ON ALL NOTES ISSUED HEREUNDER, NOTWITHSTANDING ANY
CLAIMS WHICH THE BORROWER MAY NOW OR HEREAFTER HAVE AGAINST ANY SUPPLIER
OF THE DEFENSE ITEMS, DOD, THE LENDER, OR ANY OTHER PERSON OR ENTITY IN
CONNECTION WITH ANY OTHER TRANSACTION, FOR ANY REASON WHATSOEVER.
9. UPON THE OCCURRENCE OF ANY OF THE FOLLOWING EVENTS OF DEFAULT:
(A) IF THE BORROWER FAILS FOR A PERIOD OF THIRTY (30) DAYS TO MAKE
ANY PAYMENT OF PRINCIPAL OF, OR INTEREST ON, ANY NOTE WHEN DUE;
(B) IF ANY REPRESENTATION OR WARRANTY MADE BY THE BORROWER HEREIN OR
ANY CERTIFICATE FURNISHED B THE BORROWER PURSUANT HERETO PROVES TO BE AT
ANY TIME INCORRECT IN ANY MATERIAL RESPECT; OR
(C) IF THE BORROWER DEFAULTS IN THE PERFORMANCE OF ANY OTHER TERM,
COVENANT OR UNDERTAKING CONTAINED IN THIS CREDIT AGREEMENT, AND SUCH
DEFAULT SHALL CONTINUE UNREMEDIED FOR 30 DAYS AFTER WRITTEN NOTIFICATION
THEREOF SHALL HAVE BEEN GIVEN TO THE BORROWER BY THE LENDER;
THEN, AND IN ANY SUCH EVENT, THE HOLDER OF ANY NOTE MAY DECLARE
IMMEDIATELY DUE AND PAYABLE THE UNPAID PRINCIPAL OF, AND ACCRUED
INTEREST ON, ANY OR ALL NOTES HELD BY SUCH HOLDER AND SUCH AMOUNTS SHALL
BECOME IMMEDIATELY DUE AND PAYABLE WITHOUT PROTEST, PRESENTMENT, NOTICE
OR OTHER DEMAND OF AN KIND, ALL OF WHICH ARE HEREBY EXPRESSLY WAIVED BY
THE BORROWER, AND THE LENDER MAY TERMINATE ITS COMMITMENT HEREUNDER.
10. ALL COMMUNICATIONS AND OTHER DOCUMENTS REQUIRED OR PERMITTED
HEREUNDER, UNLESS SUBMITTED IN THE ENGLISH LANGUAGE, SHALL BE
ACCOMPANIED BY ONE ENGLISH TRANSLATION FOR EACH COPY OF SUCH DOCUMENTS
TO BE FURNISHED AND, IN THE EVENT OF CONFLICT, THE ENGLISH VERSION SHALL
GOVERN. EXCEPT AS OTHERWISE PROVIDED HEREIN, ALL NOTICES, REQUESTS OR
DEMANDS HEREUNDER SHALL BE DEEMED TO HAVE BEEN GIVEN OR MADE UPON THE
MAILING OF THE SAME, POSTAGE PREPAID, OR IN THE CASE OF TELEGRAPHIC
NOTICE, ON DELIVERY TO THE TELEGRAPHIC COMPANY, ADDRESSED IN THE CASE OF
THE BORROWER, TO THE DEFENSE ATTACHE OF THE EMBASSY OF GREECE, 2228
MASSACHUSETTS AVENUE, N.W. WASHINGTON, D.C. 20008 AN IN THE CASE OF THE
LENDER TO THE DIRECTOR, DEFENSE SECURITY ASSISTANCE AGENCY, THE
PENTAGON, WASHINGTON, D.C. 20301.
11. THIS AGREEMENT MAY BE EXECUTED IN ANY NUMBER OF COUNTERPARTS AND
BY THE PARTIES HERETO ON SEPARATE COUNTERPARTS, EACH OF WHICH SHALL BE
DEEMED AN ORIGINAL BUT ALL SUCH COUNTERPARTS TO CONSTITUTE ONE AND THE
SAME INSTRUMENT.
12. ANNEXES A THROUGH C ATTACHED HERETO ARE, BY THIS REFERENCE, MADE
A PART OF THIS AGREEMENT.
IN WITNESS WHEREOF, THE PARTIES HERETO HAVE DULY EXECUTED THIS
AGREEMENT 28TH DAY OF JUNE 1974.
GOVERNMENT OF GREECE
SIGNED
BY COLONEL S. PAPAKYRIAKOU
DEFENSE AND ARMY ATTACHE
GOVERNMENT OF THE UNITED STATES OF AMERICA
SIGNED
BY RAY PEET
VICE ADMIRAL, USN DIRECTOR
DEFENSE SECURITY ASSISTANCE AGENCY
ANNEX A AND A2
PAYMENT PROCEDURES
THE FOLLOWING PROCEDURES AND CONDITIONS SHALL BE ADHERED TO PRIOR TO
EACH DISBURSEMENT TO BE MADE BY THE GOVERNMENT OF THE UNITED STATES FOR
THE ACCOUNT OF THE GOVERNMENT OF GREECE.
1. THE SUPPLIER SHALL PREPARE AND SUBMIT TO THE DESIGNATED
REPRESENTATIVES OF THE GOVERNMENT OF GREECE IN WASHINGTON, D.C. INVOICES
ON U.S. STANDARD FORM 1034 IN SUFFICIENT NUMBER OF COPIES TO PERMIT THE
FORWARDING OF FOUR COPIES TO THE DISBURSING OFFICER DESIGNATED IN
PARAGRAPH 5 BELOW.
2. THE SUPPLIER SHALL INSURE THAT EACH INVOICE IS IN ACCORDANCE WITH
RELEVANT PROVISIONS OF ITS PURCHASE ARRANGEMENT WITH THE GOVERNMENT OF
GREECE.
3. THE SUPPLIER SHALL ATTACH TO EACH INVOICE A STATEMENT THAT
AUTHORIZED REPRESENTATIVES OF THE GOVERNMENT OF THE UNITED STATES SHALL,
UNTIL THE EXPIRATION OF THREE YEARS AFTER FINAL PAYMENT HEREUNDER, HAVE
ACCESS TO AND THE RIGHT TO EXAMINE ANY DIRECTLY RELATED PERTINENT BOOKS,
DOCUMENTS, PAPERS AND RECORDS OF THE SUPPLIER INVOLVING TRANSACTIONS
RELATING TO THE AFORESAID PURCHASE ARRANGEMENT.
4. TO THE EXTENT THAT ANY INVOICE REQUESTS PAYMENT OF ADVANCES, AS
DISTINGUISHED FROM PAYMENT FO DELIVERY OF DEFENSE ITEMS OR REIMBURSEMENT
IN THE FORM OF PROGRESS PAYMENTS FOR WORK OR SERVICES PERFORMED, THE
SUPPLIER SHALL ATTACH TO THE INVOICE A STATEMENT SETTING FORTH THE
UNDERTAKING OF TH SUPPLIER THAT THE FULL AMOUNT OF THE ADVANCE WILL BE
MAINTAINED BY THE SUPPLIER IN A SEGREGATED ACCOUNT WHICH WILL BE APPLIED
SOLELY TO THE PERFORMANCE OF THE SUPPLIER'S OBLIGATIONS UNDER THE
PURCHASE ARRANGEMENT.
5. THE DESIGNATED REPRESENTATIVE OF THE GOVERNMENT OF GREECE IN
WASHINGTON, D.C. SHALL FORWARD SUCH INVOICES TO THE COMPTROLLER, DEFENSE
SECURITY ASSISTANCE AGENCY, THE PENTAGON, WASHINGTON, D.C 20301.
6. EACH INVOICE SHALL BE ACCOMPANIED BY A CERTIFICATION OF THE
GOVERNMENT OF GREECE AS FOLLOWS:
"THE GOVERNMENT OF GREECE CONFIRMS (THAT THE DEFENSE ITEMS SET FORTH
HEREIN HAVE BEEN SATISFACTORILY RECEIVED BY OR FOR THE GOVERNMENT OF
GREECE) (THAT THE WORK OR SERVICES FOR WHICH PROGRESS PAYMENTS ARE
REQUESTED HAVE BEEN SATISFACTORILY RENDERED) (THAT PAYMENT IS OTHERWISE
DUE) UNDER ITS PURCHASE ARRANGEMENT OF GREECE FOR THE PURCHASE OF
DEFENSE ITEMS FROM SUPPLIER, AND CERTIFIES THAT THE BILL IS CORRECT AND
JUST AND THAT PAYMENT THEREFOR HAS NOT BEEN MADE. PAYMENT O THIS
INVOICE IS REQUESTED BY THE MINISTRY OF DEFENSE OF THE GOVERNMENT OF
GREECE PURSUANT TO THE TERMS OF THE CREDIT AGREEMENT OF __________
BETWEEN THE __________ OF THE GOVERNMENT OF GREECE AND THE GOVERNMENT OF
THE UNITED STATES OF AMERICA. THE GOVERNMENT OF GREECE CONFIRMS THAT
SAID PURCHASE ARRANGEMENT IS ONE OF THE PURCHASE ARRANGEMENTS AUTHORIZED
BY THE DEPARTMENT OF DEFENSE OF THE UNITED STATES OF AMERICA PURSUANT TO
THE AFORESAID CREDIT AGREEMENT OF __________ AND FURTHER CONFIRMS THAT
THE CUMULATIVE TOTAL OF THIS INVOICE AND INVOICES PREVIOUSLY PAID BY THE
GOVERNMENT O THE UNITED STATES AGAINST SAID PURCHASE ARRANGEMENT DOES
NOT EXCEED THE AGGREGATE CREDIT CEILING ESTABLISHED BY THE GOVERNMENT OF
THE UNITED STATES FOR THE SAID PURCHASE ARRANGEMENT.
GOVERNMENT OF
BY (NAME TYPED)
(TITLE)
ANNEX B AND B2
PROMISSORY NOTE
U.S. $__________, WASHINGTON, D.C.
FOR VALUE RECEIVED, THE UNDERSIGNED, THE GOVERNMENT OF GREECE (HEREIN
CALLED "GREECE"), HEREBY PROMISES TO PAY TO THE ORDER OF THE GOVERNMENT
OF THE UNITED STATES OF AMERICA (HEREIN CALLED "UNITED STATES") THE
PRINCIPAL SUM OF __________ UNITED STATES DOLLARS (U.S. $__________) AS
FOLLOWS:
TOGETHER WITH INTEREST ON ANY AND ALL AMOUNTS REMAINING UNPAID
HEREUNDER FROM TIME TO TIME FROM THE DATE HEREOF UNTIL THIS NOTE SHALL
BE PAID IN FULL, PAYABLE SEMIANNUALLY ON 1 JANUARY AND 1 JULY OF EACH
YEAR FROM DATE HEREOF AT THE RATE OF 7-7/8 PERCENT PER ANNUM (7-7/8%)
USING A 365 DAY FACTOR, BOTH PRINCIPAL AND INTEREST TO BE PAYABLE IN
LAWFUL MONEY OF THE UNITED STATES OF AMERICA T THE COMPTROLLER, DEFENSE
SECURITY ASSISTANCE AGENCY, ATTENTION: FINANCE AND ACCOUNTING DIVISION,
THE PENTAGON, WASHINGTON, D.C. 20301. ALL PAYMENTS MADE ON ACCOUNT OF
THE PRINCIPAL AMOUNT REMAINING UNPAID HEREUNDER SHALL BE ENDORSED BY THE
HOLDER ON THE REVERSE SIDE OF THIS NOTE.
WHENEVER ANY PAYMENT TO BE MADE SHALL BE DUE ON A SATURDAY, SUNDAY,
OR A PUBLIC HOLIDAY UNDER THE LAWS OF THE GOVERNMENT OF THE UNITED
STATES, SUCH PAYMENT MAY BE MADE ON THE NEXT SUCCEEDING BUSINESS DAY,
AND SUCH EXTENSION OF TIME SHALL IN SUCH CASE BE INCLUDED IN COMPUTING
INTEREST IN CONNECTION WITH SUCH PAYMENT BUT EXCLUDED FROM THE NEXT
INTEREST PERIOD.
THIS NOTE MAY BE PREPAID ON ANY INTEREST PAYMENT DATE. PREPAYMENTS
SHALL BE APPLIED TO THE INSTALLMENTS HEREOF IN THE REVERSE ORDER OF
THEIR MATURITY. ALL PAYMENTS OF PRINCIPAL AND INTEREST ON THIS NOTE ARE
PAYABLE IN LAWFUL MONEY OF THE UNITED STATES OF AMERICA AND IN
IMMEDIATELY AVAILABLE FUNDS, FREE AND CLEAR OF, AND WITHOUT DEDUCTION
FOR, ANY TAXES, LEVIES, IMPOSTS, DEDUCTIONS, AND WITHHOLDINGS WHATSOEVER
NOW OR HEREAFTER IMPOSED, LEVIED, COLLECTED OR ASSESSED WIT RESPECT
THERETO BY ANY CENTRAL OR LOCAL AUTHORITY OF GREECE AND SHALL BE PAID
FREE FROM ALL RESTRICTIONS OF ANY CENTRAL OR LOCAL AUTHORITY OF GREECE.
THE GOVERNMENT OF GREECE AGREES TO PAY ALL OUT-OF-POCKET COSTS AND
EXPENSES IN CONNECTION WITH COLLECTION AFTER DEFAULT OF THIS NOTE
(INCLUDING THE REASONABLE FEES AND OUT-OF-POCKET EXPENSES OF COUNSEL) AS
WELL AS ALL STAMP AND SIMILAR TAXES, IF ANY, NOW OR HEREAFTER IN EFFECT,
AND TO SAVE TH HOLDER OF THE NOTE HARMLESS FROM ANY AND ALL LIABILITIES
WITH RESPECT TO OR RESULTING FROM ANY DELA OR OMISSION TO PAY SUCH
TAXES.
GOVERNMENT OF
BY (NAME TYPED)
(TITLE)
ANNEX C
PRINCIPAL REPAYMENT SCHEDULE
THE FIRST $ 250,000 OF DISBURSEMENTS ARE REPAYABLE ON 1 JULY 1975
THE NEXT $ 250,000 OF DISBURSEMENTS ARE REPAYABLE ON 1 JAN 1976
THE NEXT $ 250,000 OF DISBURSEMENTS ARE REPAYABLE ON 1 JULY 1976
THE NEXT $ 250,000 OF DISBURSEMENTS ARE REPAYABLE ON 1 JAN 1977
THE NEXT $ 250,000 OF DISBURSEMENTS ARE REPAYABLE ON 1 JULY 1977
THE NEXT $ 250,000 OF DISBURSEMENTS ARE REPAYABLE ON 1 JAN 1978
THE NEXT $ 250,000 OF DISBURSEMENTS ARE REPAYABLE ON 1 JULY 1978
THE NEXT $ 250,000 OF DISBURSEMENTS ARE REPAYABLE ON 1 JAN 1979
THE NEXT $ 250,000 OF DISBURSEMENTS ARE REPAYABLE ON 1 JULY 1979
THE LAST $ 250,000 OF DISBURSEMENTS ARE REPAYABLE ON 1 JAN 1980
GREECE 10 APR 1974 FLITE DOCUMENT NO. 7502423
CREDIT AGREEMENT
PURCHASE ARRANGEMENTS BETWEEN THE GOVERNMENT OF GREECE AND THE
GOVERNMENT OF THE UNITED STATES OF AMERICA FOR THE PURCHASE OF DEFENSE
ARTICLES AND SERVICES.
CREDIT AGREEMENT, MADE AND ENTERED INTO THE 10TH DAY OF APRIL, 1974,
BETWEEN THE GOVERNMENT OF GREECE, REPRESENTED BY ITS COLONEL S.
PAPAKYRIAKOU, DEFENSE AND ARMY ATTACHE, AND THE GOVERNMENT OF THE UNITED
STATES OF AMERICA, REPRESENTED BY THE DEPARTMENT OF DEFENSE OF THE
UNITED STATES OF AMERICA.
WITNESSETH
WHEREAS, THE GOVERNMENT OF GREECE (HEREINAFTER SOMETIMES REFERRED TO
AS THE "BORROWER") DESIRES T ENTER INTO PURCHASE CONTRACTS (HEREINAFTER
REFERRED TO AS "PURCHASE ARRANGEMENTS") WITH THE MILITAR DEPARTMENTS AND
AGENCIES OF THE UNITED STATES DEPARTMENT OF DEFENSE (HEREINAFTER
REFERRED TO AS "DOD") AND/OR VARIOUS UNITED STATES COMMERCIAL SUPPLIERS
FOR THE PURCHASE OF DEFENSE ARTICLES AND SERVICES OF UNITED STATES
ORIGIN (HEREINAFTER COLLECTIVELY REFERRED TO AS "DEFENSE ITEMS"); AND
WHEREAS, THE BORROWER HAS REQUESTED THE GOVERNMENT OF THE UNITED
STATES OF AMERICA (HEREINAFTER SOMETIMES REFERRED TO AS THE "LENDER") TO
FINANCE PAYMENTS REQUIRED TO BE MADE BY THE BORROWER UNDE THE PURCHASE
ARRANGEMENTS; AND
WHEREAS, THE AFORESAID REQUESTED CREDIT WILL FACILITATE THE PURPOSES
OF THE UNITED STATES FOREIGN MILITARY SALES ACT, AS AMENDED;
WHEREAS, THE BORROWER AND THE LENDER ENTERED INTO AN INTERIM CREDIT
AGREEMENT ON 26 FEBRUARY 1974
NOW THEREFORE, IN CONSIDERATION OF THE PREMISE AND THE MUTUAL
COVENANTS HEREINAFTER SET FORTH, AN IN IMPLEMENTATION OF, AND SUBJECT TO
THE PROVISIONS OF THE AGREEMENT BETWEEN THE GOVERNMENT OF GREECE AND THE
GOVERNMENT OF THE UNITED STATES OF AMERICA, DATED 20 JUNE 1947, THE
PARTIES HERETO AGREE AS FOLLOWS:
1. SUBJECT TO THE TERMS AND CONDITIONS HEREOF, THE LENDER AGREES TO
MAKE LOANS TO THE BORROWER FROM TIME TO TIME IN AN AGGREGATE PRINCIPAL
AMOUNT UP TO BUT NO EXCEEDING $25,000,000 (HEREINAFTER CALLED THE
"COMMITMENT").
2. THE AFORESAID COMMITMENT SHALL BE AVAILABLE ONLY TO FINANCE THE
PURCHASE OF DEFENSE ITEMS BY THE BORROWER PURSUANT TO PURCHASE
ARRANGEMENTS AUTHORIZED FOR SUCH FINANCING BY DOD WHICH ARE ENTERED INTO
BY THE BORROWER ON OR BEFORE 30 JUNE 1975. EACH AUTHORIZATION FOR THE
BORROWER TO ENTER INTO A PURCHASE ARRANGEMENT IN IMPLEMENTATION OF THIS
CREDIT AGREEMENT SHALL BE SEPARATELY COMMUNICATED BY DOD IN WRITING TO
THE BORROWER, WHICH AUTHORIZATION SHALL SPECIFY THE DEFENSE ITEMS AND
THE AMOUNT OF CREDIT AUTHORIZED FOR THAT PURCHASE ARRANGEMENT. THE
BORROWER SHALL INCORPORATE INTO EACH SUCH PURCHASE ARRANGEMENT WITH
COMMERCIAL SUPPLIERS THE PROVISIONS OF EXHIBIT A HERETO AN ATTACH AS AN
EXHIBIT TO THE PURCHASE ARRANGEMENT A TRUE COPY OF THE APPLICABLE
AFORESAID AUTHORIZATION AND OF PARAGRAPH 9 OF THIS CREDIT AGREEMENT.
3. EACH LOAN HEREUNDER BY THE LENDER SHALL BE MADE IN ACCORDANCE
WITH THE FOLLOWING PROCEDURES:
(A) EACH LOAN SHALL BE MADE ON SUCH DATE (HEREINAFTER REFERRED TO AS
A "DISBURSEMENT DATE") AS MAY BE DESIGNATED BY THE BORROWER FROM TIME TO
TIME UPON TEN (10) DAYS WRITTEN NOTICE BY THE BORROWER TO THE LENDER.
(B) EACH NOTICE SHALL SPECIFY THE AMOUNT OF THE LOAN TO BE MADE BY
THE LENDER ON THE DISBURSEMEN DATE, AND SHALL SPECIFY THE SUPPLIER OR
SUPPLIERS (INCLUDING THE MILITARY DEPARTMENTS OR AGENCIES O DOD) TO WHOM
THE DISBURSEMENT IS TO BE REMITTED BY THE LENDER.
(C) EACH NOTICE SHALL BE SENT TO THE COMPTROLLER, DEFENSE SECURITY
ASSISTANCE AGENCY, THE PENTAGON, WASHINGTON, D.C. 20301.
(D) IN THE CASE OF DISBURSEMENTS REQUESTED TO BE MADE TO COMMERCIAL
SUPPLIERS, THE INVOICES SHAL BE PREPARED IN ACCORDANCE WITH THE
PROCEDURE SET FORTH IN ANNEX A HERETO.
(E) IN THE CASE OF DISBURSEMENTS REQUESTED TO BE MADE TO THE MILITARY
DEPARTMENTS AND AGENCIES O DOD, THE NOTICES SHALL HAVE ANNEXED THERETO
COPIES OF THE PAYMENT REQUEST RECEIVED BY THE BORROWER FROM SUCH
MILITARY DEPARTMENT OR AGENCY AGAINST WHICH DISBURSEMENT IS REQUESTED.
(F) WITH EACH NOTICE, THE BORROWER SHALL CONCURRENTLY TRANSMIT TO THE
LENDER AT THE ADDRESS SET FORTH IN SUBPARAGRAPH (C) ABOVE OF THIS
PARAGRAPH A PROMISSORY NOTE SUBSTANTIALLY IN THE FORM OF EXHIBIT B
HERETO (WITH THE BLANKS APPROPRIATELY FILLED IN) RECITING THE OBLIGATION
OF THE BORROWER TO REPAY THE AMOUNT OF SUCH LOAN WITH INTEREST THEREON
AS HEREINAFTER SET FORTH. (THE PROMISSORY NOTES HEREINABOVE REFERRED TO
ARE HEREINAFTER CALLED THE "NOTES" AND INDIVIDUALLY A "NOTE").
4. AT LEAST 50 PERCENT OF THE GROSS TONNAGE OF THE DEFENSE ARTICLES
MUST BE TRANSPORTED ON VESSELS OF UNITED STATES REGISTRY. UP TO 50
PERCENT OF THE GROSS TONNAGE OF THE DEFENSE ARTICLES MAY BE SHIPPED ON
VESSELS OF UNITED STATES - APPROVED NON-UNITED STATES REGISTRY. THE
GOVERNMENT O GREECE SHALL ESTABLISH A MONITORING PROCEDURE TO INSURE
THAT THE 50 PERCENT REQUIREMENT IS NOT VIOLATED.
5. THIS AGREEMENT EVIDENCES THE LEGAL AND BINDING OBLIGATION OF THE
BORROWER TO MAKE REPAYMENTS TO THE LENDER FOR DISBURSEMENTS MADE BY THE
LENDER IN ACCORDANCE WITH THE TERMS HEREOF. THE LENDER MAY SELL OR
ASSIGN, IN WHOLE OR IN PART, ITS RIGHTS TO SAID REPAYMENTS AND MAY, WITH
RESPECT TO SUC SALE OR ASSIGNMENT, GUARANTEE PAYMENT OF THE SAME.
6.(A) THE BORROWER HEREBY AGREES: (I) TO REPAY THE DISBURSEMENTS
MADE BY THE LENDER IN ACCORDANCE WITH THE PRINCIPAL REPAYMENT SCHEDULE
SET FORTH IN EXHIBIT C HERETO, AND (II) TO PAY INTEREST SEMIANNUALLY ON
1 JULY AND 1 JANUARY COMMENCING 1 JULY 1974, ON THE AMOUNT BY WHICH FROM
TIME TO TIME CUMULATIVE DISBURSEMENTS EXCEED CUMULATIVE REPAYMENTS OF
PRINCIPAL. INTEREST SHALL BE CALCULATED ON A 365 DAY BASIS AND ACTUAL
DAYS ELAPSED AND IN ACCORDANCE WITH THE PROVISIONS OF PARAGRAPH 5 OF THE
AFORESAID INTERIM CREDIT AGREEMENT OF 26 FEBRUARY 1974.
(B) IF ON ANY INSTALLMENT REPAYMENT DATE SET FORTH IN THE PRINCIPAL
REPAYMENT SCHEDULE THE BORROWER SHALL NOT HAVE AVAILED ITSELF OF THE
COMMITMENT OF THE LENDER IN AN AGGREGATE AMOUNT (LESS REPAYMENTS
PREVIOUSLY MADE) EQUAL TO THE AGGREGATE INSTALLMENT OF PRINCIPAL WHICH
IS REPAYABLE ON SUCH DATE TO THE LENDER, THE BORROWER SHALL, ON SUCH
INSTALLMENT DATE, REPAY TO THE LENDER THE FULL AMOUNT (LESS REPAYMENTS
PREVIOUSLY MADE) TO WHICH IT HAS AVAILED ITSELF OF THE COMMITMENT OF THE
LENDER TO SUCH DATE, TOGETHER WITH THE INTEREST ACCRUED THEREON. IF AT
ANY TIME THEREAFTER THE BORROWER SHALL AVAIL ITSELF OF THE COMMITMENT OF
THE LENDER IN AN AMOUNT WHICH WOULD HAVE BEEN PAYABLE ON A PRIOR
INSTALLMENT REPAYMENT DATE BUT FOR THE PROVISIONS OF THE IMMEDIATELY
PRECEDING SENTENCE, SUCH AMOUNT, TOGETHER WITH THE INTEREST ACCRUED
THEREON, SHALL BE REPAYABLE ON THE NEXT SUCCEEDING INSTALLMENT DATE OF
THE PRINCIPAL REPAYMENT SCHEDULE OCCURRING AFTER THE DISBURSEMENT OF
SUCH AMOUNT AND THE SAID AGGREGATE INSTALLMENT OF PRINCIPAL REPAYABLE
UNDER THE PRINCIPAL REPAYMENT SCHEDULE TO THE LENDER ON THAT DATE SHALL
BE INCREASED BY SUCH AMOUNT.
(C) IF BY THE DATE SPECIFIED IN PARAGRAPH 2 ABOVE, THE BORROWER SHALL
NOT HAVE ENTERED INTO AUTHORIZED PURCHASE ARRANGEMENTS IN AN AGGREGATE
AMOUNT EQUAL TO THE ENTIRE AMOUNT OF THE COMMITMENT, THE INSTALLMENTS OF
PRINCIPAL REPAYABLE TO THE LENDER SET FORTH IN THE PRINCIPAL REPAYMENT
SCHEDULE SHALL BE REDUCED IN THE INVERSE ORDER OF THE MATURITY THEREOF
TO THE EXTENT OF THE UNUSED BALANCE OF THE COMMITMENT.
(D) WHENEVER ANY REPAYMENT TO BE MADE BY THE BORROWER SHALL BE DUE ON
A SATURDAY, SUNDAY, OR PUBLIC HOLIDAY UNDER THE LAWS OF THE LENDER, SUCH
REPAYMENT MAY BE MADE ON THE NEXT SUCCEEDING BUSINESS DAY, AND SUCH
EXTENSION OF TIME SHALL IN SUCH CASE BE INCLUDED IN COMPUTING INTEREST
IN CONNECTION WITH SUCH REPAYMENT BUT EXCLUDED FROM THE NEXT INTEREST
PERIOD.
(E) THE BORROWER MAY PREPAY THE CREDIT EXTENDED UNDER THIS AGREEMENT
IN PART OR IN FULL ON ANY INTEREST PAYMENT DATE WITHOUT PENALTY OR
PREMIUM, BUT SUCH PREPAYMENT MUST BE ACCOMPANIED BY PAYMEN OF INTEREST
ON THE AMOUNT PREPAID TO THE DATE OF PREPAYMENT AND MUST BE APPLIED TO
THE SATISFACTION OF INSTALLMENTS OF PRINCIPAL REPAYMENTS IN THE INVERSE
ORDER OF THEIR MATURITIES.
(F) ALL REPAYMENTS BY THE BORROWER ON ACCOUNT OF PRINCIPAL OR
INTEREST SHALL BE IN LAWFUL MONEY OF THE UNITED STATES OF AMERICA AND IN
IMMEDIATELY AVAILABLE FUNDS, FREE AND CLEAR OF, AND WITHOUT DEDUCTION
FOR, AND ALL TAXES, LEVIES, IMPOSTS, DEDUCTIONS AND WITHHOLDINGS
WHATSOEVER IMPOSED, LEVIED, COLLECTED OR ASSESSED WITH RESPECT THERETO
BY ANY CENTRAL OR LOCAL AUTHORITY OF GREECE.
7.(A) THE NOTES SHALL BE FURTHER EVIDENCE OF THE OBLIGATION OF THE
BORROWER TO REPAY THE LOANS MADE HEREUNDER. EACH NOTE SHALL BE DATED
THE PARTICULAR DISBURSEMENT DATE OF THE LOAN WHICH SUCH NOTE EVIDENCES,
SHALL BE PAYABLE TO THE ORDER OF THE GOVERNMENT OF THE UNITED STATES IN
THE PRINCIPAL AMOUNT OF SUCH DISBURSEMENT, AND SHALL BEAR INTEREST ON
THE UNPAID PRINCIPAL AMOUNT THEREOF AS PROVIDED IN PARAGRAPH 5 OF THE
AFORESAID INTERIM CREDIT AGREEMENT OF 26 FEB, 1974. EXCEPT AS OTHERWISE
PROVIDED FOR IN PARAGRAPH 6(D), ANY INTEREST BALANCE NOT PAID ON ITS DUE
DATE SHALL ACCRUE INTEREST THEREON AT THE PER ANNUM RATE SET FORTH IN
PARAGRAPH 2 OF THE AFORESAID INTERIM CREDIT AGREEMENT OF 26 FEBRUARY
1974.
(B) THE NOTES SHALL BE COMPLETED BY THE BORROWER IN SUCH A MANNER
THAT REPAYMENT OF SUCH LOANS SHALL BE MADE IN THE ORDER OF THEIR
DISBURSEMENT, UTILIZING THE PRINCIPAL REPAYMENT SCHEDULE SET FORTH IN
EXHIBIT C (AS THE SAME MAY BE ADJUSTED IN ACCORDANCE WITH PARAGRAPHS
6(B) AND (C) HEREOF), AND, IN DETERMINING WHETHER A PARTICULAR LOAN IS
REPAYABLE IN ONE OR MORE INSTALLMENTS, UTILIZING A PARTICULAR
INSTALLMENT PAYMENT DATE ONLY AFTER THE FULL UTILIZATION OF THE NEXT
PRECEDING INSTALLMENT DATE.
(C) EACH NOTE SHALL BE SIGNED ON BEHALF OF THE BORROWER BY THE
DEFENSE ATTACHE OF THE EMBASSY OF GREECE IN WASHINGTON, D.C.
8.(A) THE BORROWER REPRESENTS AND WARRANTS THAT THE MAKING AND
PERFORMANCE OF THIS AGREEMENT HAV BEEN DULY AUTHORIZED IN ACCORDANCE
WITH THE LAWS OF GREECE AND SHALL FURNISH TO THE LENDER UPON REQUEST
EVIDENCE, SATISFACTORY TO THE LENDER, OF THE AUTHORITY OF THE PERSON OR
PERSONS WHO HAVE SIGNED THIS AGREEMENT ON BEHALF OF THE BORROWER AND OF
THE PERSON OR PERSONS WHO WILL SIGN THE NOTE PROVIDED FOR HEREIN ON
BEHALF OF THE BORROWER, TOGETHER WITH THE AUTHENTICATED SPECIMEN
SIGNATURE, IN DUPLICATE, OF EACH OF THE LATTER.
(B) THIS AGREEMENT SHALL INURE TO THE BENEFIT OF THE HOLDERS OF THE
NOTES, THEIR RESPECTIVE SUCCESSORS AND ASSIGNS. THIS AGREEMENT AND THE
NOTES SHALL BE DEEMED TO BE CONTRACTS UNDER THE LAW OF THE DISTRICT OF
COLUMBIA AND FOR ALL PURPOSES SHALL BE CONSTRUED IN ACCORDANCE WITH SAID
LAW. THE BORROWER AGREES THAT JURISDICTION MAY BE TAKEN BY COURTS IN
THE DISTRICT OF COLUMBIA WITH RESPECT TO MATTERS INVOLVING ANY NOTE,
PROVIDED SUCH NOTE IS HELD BY AN INDIVIDUAL, PARTNERSHIP, CORPORATION,
OR OTHER PRIVATE LEGAL ENTITY.
(C) THE BORROWER SHALL IN ALL CASES PAY WHEN AND AS DUE THE PRINCIPAL
OF INTEREST AND ALL NOTES ISSUED HEREUNDER, NOTWITHSTANDING ANY CLAIMS
WHICH THE BORROWER MAY NOW OR HEREAFTER HAVE AGAINST ANY SUPPLIER OF THE
DEFENSE ITEMS, DOD, THE LENDER, OR ANY OTHER PERSON OR ENTITY IN
CONNECTION WIT ANY OTHER TRANSACTION, FOR ANY REASON WHATSOEVER.
9. UPON THE OCCURRENCE OF ANY OF THE FOLLOWING EVENTS OF DEFAULT:
(A) IF THE BORROWER FAILS FOR A PERIOD OF THIRTY (30) DAYS TO MAKE
ANY PAYMENT OF PRINCIPAL OF, OR INTEREST ON, ANY NOTE WHEN DUE;
(B) IF ANY REPRESENTATION OR WARRANTY MADE BY THE BORROWER HEREIN OR
ANY CERTIFICATE FURNISHED B THE BORROWER PURSUANT HERETO PROVES TO BE AT
ANY TIME INCORRECT IN ANY MATERIAL RESPECT; OR
(C) IF THE BORROWER DEFAULTS IN THE PERFORMANCE OF ANY OTHER TERM,
COVENANT OR UNDERTAKING CONTAINED IN THIS CREDIT AGREEMENT, AND SUCH
DEFAULT SHALL CONTINUE UNREMEDIED FOR 30 DAYS AFTER WRITTEN NOTIFICATION
THEREOF SHALL HAVE BEEN GIVEN TO THE BORROWER BY THE LENDER;
THEN, AND IN ANY SUCH EVENT, THE HOLDER OF ANY NOTE MAY DECLARE
IMMEDIATELY DUE ANY PAYABLE THE UNPAID PRINCIPAL OF, AND ACCRUED
INTEREST ON, ANY OR ALL NOTES HELD BY SUCH HOLDER AND SUCH AMOUNTS SHALL
BECOME IMMEDIATELY DUE AND PAYABLE WITHOUT PROTEST, PRESENTMENT, NOTICE
OR OTHER DEMAND OF AN KIND, ALL OF WHICH ARE HEREBY EXPRESSLY WAIVED BY
THE BORROWER, AND THE LENDER MAY TERMINATE ITS COMMITMENT HEREUNDER.
10. ALL COMMUNICATIONS AND OTHER DOCUMENTS REQUIRED OR PERMITTED
HEREUNDER, UNLESS SUBMITTED IN THE ENGLISH LANGUAGE, SHALL BE
ACCOMPANIED BY ONE ENGLISH TRANSLATION FOR EACH COPY OF SUCH DOCUMENTS
TO BE FURNISHED AND, IN THE EVENT OF CONFLICT, THE ENGLISH VERSION SHALL
GOVERN. EXCEPT AS OTHERWISE PROVIDED HEREIN, ALL NOTICES, REQUESTS OR
DEMANDS HEREUNDER SHALL BE DEEMED TO HAVE BEEN GIVEN OR MADE UPON THE
MAILING OF THE SAME, POSTAGE PRE-PAID, OR IN THE CASE OF TELEGRAPHIC
NOTICE, ON DELIVERY TO THE TELEGRAPHIC COMPANY, ADDRESSED IN THE CASE OF
THE BORROWER, TO THE DEFENSE ATTACHE OF THE EMBASSY OF GREECE, 2228
MASSACHUSETTS AVENUE, N.W., WASHINGTON, D.C. 20008 AND IN THE CASE OF
THE LENDER TO THE DIRECTOR, DEFENSE SECURITY ASSISTANCE AGENCY, THE
PENTAGON, WASHINGTON, D.C. 20301.
11. THIS AGREEMENT MAY BE EXECUTED IN ANY NUMBER OF COUNTERPARTS AND
BY THE PARTIES HERETO ON SEPARATE COUNTERPARTS, EACH OF WHICH SHALL BE
DEEMED AN ORIGINAL BUT ALL SUCH COUNTERPARTS TO CONSTITUTE ONE AND THE
SAME INSTRUMENT.
12. EXHIBITS A THROUGH C ATTACHED HERETO ARE, BY THIS REFERENCE,
MADE A PART OF THIS AGREEMENT.
IN WITNESS WHEREOF, THE PARTIES HERETO HAVE DULY EXECUTED THIS
AGREEMENT
10TH DAY OF APRIL 1974.
GOVERNMENT OF GREECE
BY SIGNED
COLONEL S. PAPAKYRIAKOU
DEFENSE AND ARMY ATTACHE
SEAL
GOVERNMENT OF THE UNITED STATES OF AMERICA
SIGNED
BY RAY PEET
VICE ADMIRAL, USN
DIRECTOR
DEFENSE SECURITY ASSISTANCE AGENCY
EXHIBIT A
PAYMENT PROCEDURES
THE FOLLOWING PROCEDURES AND CONDITIONS SHALL BE ADHERED TO PRIOR TO
EACH DISBURSEMENT TO BE MADE BY THE GOVERNMENT OF THE UNITED STATES FOR
THE ACCOUNT OF THE GOVERNMENT OF GREECE.
1. THE SUPPLIER SHALL PREPARE AND SUBMIT TO THE DESIGNATED
REPRESENTATIVES OF THE GOVERNMENT OF GREECE IN WASHINGTON, D.C. INVOICES
ON U.S. STANDARD FORM 1034 IN SUFFICIENT NUMBER OF COPIES TO PERMIT THE
FORWARDING OF FOUR COPIES TO THE DISBURSING OFFICER DESIGNATED IN
PARAGRAPH 5 BELOW.
2. THE SUPPLIER SHALL INSURE THAT EACH INVOICE IS IN ACCORDANCE WITH
RELEVANT PROVISIONS OF ITS PURCHASE ARRANGEMENT WITH THE GOVERNMENT OF
GREECE.
3. THE SUPPLIER SHALL ATTACH TO EACH INVOICE A STATEMENT THAT
AUTHORIZED REPRESENTATIVES OF THE GOVERNMENT OF THE UNITED STATES SHALL,
UNTIL THE EXPIRATION OF THREE YEARS AFTER FINAL PAYMENT HEREUNDER, HAVE
ACCESS TO AND THE RIGHT TO EXAMINE ANY DIRECTLY RELATED PERTINENT BOOKS,
DOCUMENTS, PAPERS AND RECORDS OF THE SUPPLIER INVOLVING TRANSACTIONS
RELATING TO THE AFORESAID PURCHASE ARRANGEMENT.
4. TO THE EXTENT THAT ANY INVOICE REQUESTS PAYMENT OF ADVANCES, AS
DISTINGUISHED FROM PAYMENT FO DELIVERY OF DEFENSE ITEMS OR REIMBURSEMENT
IN THE FORM OF PROGRESS PAYMENTS FOR WORK OR SERVICES PERFORMED, THE
SUPPLIER SHALL ATTACH TO THE INVOICE A STATEMENT SETTING FORTH THE
UNDERTAKING OF TH SUPPLIER THAT THE FULL AMOUNT OF THE ADVANCE WILL BE
MAINTAINED BY THE SUPPLIER IN A SEGREGATED ACCOUNT WHICH WILL BE APPLIED
SOLELY TO THE PERFORMANCE OF THE SUPPLIER'S OBLIGATIONS UNDER THE
PURCHASE ARRANGEMENT.
5. THE DESIGNATED REPRESENTATIVE OF THE GOVERNMENT OF GREECE IN
WASHINGTON, D.C. SHALL FORWARD SUCH INVOICES TO THE COMPTROLLER, DEFENSE
SECURITY ASSISTANCE AGENCY, THE PENTAGON, WASHINGTON, D.C 20301.
6. EACH INVOICE SHALL BE ACCOMPANIED BY A CERTIFICATION OF THE
GOVERNMENT OF GREECE AS FOLLOWS:
THE GOVERNMENT OF GREECE CONFIRMS (THAT THE DEFENSE ITEMS SET FORTH
HEREIN HAVE BEEN SATISFACTORILY RECEIVED BY OR FOR THE GOVERNMENT OF
GREECE) (THAT THE WORK OR SERVICES FOR WHICH PROGRESS PAYMENTS ARE
REQUESTED HAVE BEEN SATISFACTORILY RENDERED) (THAT PAYMENT IS OTHERWISE
DUE) UNDER ITS PURCHASE ARRANGEMENT OF __________ FOR THE PURCHASE OF
DEFENSE ITEMS FROM SUPPLIER, AND CERTIFIES THAT THE BILL IS CORRECT AND
JUST AND THAT PAYMENT THEREFOR HAS NOT BEEN MADE. PAYMENT O THIS
INVOICE IS REQUESTED BY THE MINISTRY OF DEFENSE OF THE GOVERNMENT OF
GREECE PURSUANT TO THE TERMS OF THE CREDIT AGREEMENT OF __________ 1974
BETWEEN THE __________ OF THE GOVERNMENT OF GREECE AND THE GOVERNMENT OF
THE UNITED STATES OF AMERICA. THE GOVERNMENT OF GREECE CONFIRMS THAT
SAID PURCHASE ARRANGEMENT IS ONE OF THE PURCHASE ARRANGEMENTS AUTHORIZED
BY THE DEPARTMENT OF DEFENSE OF THE UNITED STATES OF AMERICA PURSUANT TO
THE AFORESAID CREDIT AGREEMENT OF __________ 1974 AND FURTHER CONFIRMS
THAT THE CUMULATIVE TOTAL OF THIS INVOICE AND INVOICES PREVIOUSLY PAID
BY THE GOVERNMENT OF THE UNITED STATES AGAINST SAID PURCHASE ARRANGEMENT
DOES NOT EXCEED THE AGGREGATE CREDIT CEILING ESTABLISHED BY THE
GOVERNMENT OF THE UNITED STATES FOR THE SAID PURCHASE ARRANGEMENT
GOVERNMENT OF GREECE
BY (NAME TYPED)
(TITLE)
EXHIBIT B AND B2
PROMISSORY NOTE
(DATE)
U.S. $__________, NEW YORK, N.Y.
FOR VALUE RECEIVED, THE UNDERSIGNED, THE GOVERNMENT OF GREECE (HEREIN
CALLED "GREECE"), HEREBY PROMISES TO PAY TO THE ORDER OF THE GOVERNMENT
OF THE UNITED STATES OF AMERICA (HEREIN CALLED "UNITED STATES") THE
PRINCIPAL SUM OF __________ UNITED STATES DOLLARS (U.S. $__________ AS
FOLLOWS
TOGETHER WITH INTEREST ON ANY AND ALL REMAINING UNPAID HEREUNDER FROM
TIME TO TIME FROM THE DATE HEREOF UNTIL THIS NOTE SHALL BE PAID IN FULL,
PAYABLE SEMIANNUALLY ON 1 JULY AND 1 JANUARY OF EACH YEAR FROM DATE
HEREOF AT A RATE DETERMINED FOR PURPOSES HEREOF (AND INCREASED OR
DECREASED FROM TIM TO TIME) IN ACCORDANCE WITH THE CREDIT AGREEMENT
HEREINAFTER REFERRED TO. BOTH PRINCIPAL AND INTEREST SHALL BE PAYABLE
IN LAWFUL MONEY OF THE UNITED STATES OF AMERICA TO THE COMPTROLLER,
DEFENSE SECURITY ASSISTANCE AGENCY, ATTENTION: FINANCE AND ACCOUNTING
DIVISION, THE PENTAGON, WASHINGTON, D.C. 20301. ALL PAYMENTS MADE ON
ACCOUNT OF THE PRINCIPAL AMOUNT REMAINING UNPAID HEREUNDER SHALL BE
ENDORSED BY THE HOLDER ON THE REVERSE SIDE OF THIS NOTE.
WHENEVER ANY PAYMENT TO BE MADE SHALL BE DUE ON A SATURDAY, SUNDAY,
OR A PUBLIC HOLIDAY UNDER THE LAWS OF THE GOVERNMENT OF THE UNITED
STATES, SUCH PAYMENT MAY BE MADE ON THE NEXT SUCCEEDING BUSINESS DAY,
AND SUCH EXTENSION OF TIME SHALL IN SUCH CASE BE INCLUDED IN COMPUTING
INTEREST IN CONNECTION WITH SUCH PAYMENT BUT EXCLUDED FROM THE NEXT
INTEREST PERIOD.
THIS NOTE IS ONE OF THE NOTES REFERRED TO IN THE CREDIT AGREEMENT OF
__________ BETWEEN THE GOVERNMENT OF GREECE AND THE GOVERNMENT OF THE
UNITED STATES OF AMERICA. IT IS ENTITLED TO THE BENEFITS OF THE SAID
CREDIT AGREEMENT AND MAY BE PREPAID ON ANY INTEREST PAYMENT DATE.
PREPAYMENTS SHALL BE APPLIED TO THE INSTALLMENTS HEREOF IN THE INVERSE
ORDER OF THEIR MATURITY. ALL PAYMENTS O PRINCIPAL AND INTEREST ON THIS
NOTE ARE PAYABLE IN LAWFUL MONEY OF THE UNITED STATES OF AMERICA AND IN
IMMEDIATELY AVAILABLE FUNDS, FREE AND CLEAR OF, AND WITHOUT DEDUCTION
FOR, ANY TAXES, LEVIES, IMPOSTS, DEDUCTIONS, AND WITHHOLDINGS WHATSOEVER
NOW OR HEREAFTER IMPOSED, LEVIED, COLLECTED OR ASSESSED WITH RESPECT
THERETO BY ANY CENTRAL OR LOCAL AUTHORITY OF GREECE AND SHALL BE PAID
FREE FROM ALL RESTRICTIONS OF ANY CENTRAL OR LOCAL AUTHORITY OF GREECE.
GREECE AGREES TO PAY ALL OUT-OF-POCKET COSTS AND EXPENSES IN
CONNECTION WITH COLLECTION AFTER DEFAULT OF THIS NOTE (INCLUDING THE
REASONABLE FEES AND OUT-OF-POCKET EXPENSES OF COUNSEL) AS WELL AS ALL
STAMP AND SIMILAR TAXES, IF ANY, NOW OR HEREAFTER IN EFFECT, AND TO SAVE
THE HOLDER OF THE NOTE HARMLESS FROM ANY AND ALL LIABILITIES WITH
RESPECT TO OR RESULTING FROM ANY DELAY OR OMISSION TO PAY SUCH TAXES.
GOVERNMENT OF GREECE
BY (NAME TYPED)
(TITLE)
EXHIBIT C
PRINCIPAL REPAYMENT SCHEDULE*
THE FIRST $3,125,000 OF DISBURSEMENTS ARE REPAYABLE ON 1 JULY 1980
THE NEXT $3,125,000 OF DISBURSEMENTS ARE REPAYABLE ON 1 JANUARY 1981
THE NEXT $3,125,000 OF DISBURSEMENTS ARE REPAYABLE ON 1 JULY 1981
THE NEXT $3,125,000 OF DISBURSEMENTS ARE REPAYABLE ON 1 JANUARY 1982
THE NEXT $3,125,000 OF DISBURSEMENTS ARE REPAYABLE ON 1 JULY 1982
THE NEXT $3,125,000 OF DISBURSEMENTS ARE REPAYABLE ON 1 JANUARY 1983
THE NEXT $3,125,000 OF DISBURSEMENTS ARE REPAYABLE ON 1 JULY 1983
THE LAST $3,125,000 OF DISBURSEMENTS ARE REPAYABLE ON 1 JANUARY 1984
*THE AMOUNTS AND DATES OF PRINCIPAL INSTALLMENT REPAYMENTS ARE
SUBJECT TO THE PROVISIONS OF THE INTERIM CREDIT AGREEMENT OF 26 FEBRUARY
1974 BETWEEN THE BORROWER AND THE LENDER.
GREECE 26 FEB 1974 FLITE DOCUMENT NO. 7502422
CREDIT AGREEMENT
PURCHASE ARRANGEMENTS BETWEEN THE GOVERNMENT OF GREECE AND THE
GOVERNMENT OF THE UNITED STATES OF AMERICA FOR THE PURCHASE OF DEFENSE
ARTICLES AND SERVICES
INTERIM CREDIT AGREEMENT
MADE AND ENTERED INTO THE 26TH DAY OF FEB 1974, BETWEEN THE
GOVERNMENT OF GREECE REPRESENTED BY ITS MINISTRY OF DEFENSE, AND THE
GOVERNMENT OF THE UNITED STATES OF AMERICA, REPRESENTED BY THE UNITED
STATES DEPARTMENT OF DEFENSE.
WITNESSETH
WHEREAS, THE GOVERNMENT OF GREECE DESIRES TO ENTER, OR HAS ENTERED,
INTO PURCHASE CONTRACTS WITH THE MILITARY DEPARTMENTS AND AGENCIES OF
THE UNITED STATES DEPARTMENT OF DEFENSE AND/OR VARIOUS UNITED STATES
COMMERCIAL SUPPLIERS FOR THE PURCHASE OF DEFENSE ARTICLES AND DEFENSE
SERVICES OF UNITED STATES ORIGIN; AND
WHEREAS, THE GOVERNMENT OF GREECE HAS REQUESTED THE GOVERNMENT OF THE
UNITED STATES OF AMERICA TO FINANCE, AND TO ARRANGE FOR PRIVATE
FINANCING OF, PAYMENTS REQUIRED TO BE MADE BY THE GOVERNMENT OF GREECE
UNDER ITS PURCHASE CONTRACTS; AND
WHEREAS, THE AFORESAID REQUESTED FINANCING WILL FACILITATE THE
PURPOSES OF THE UNITED STATES FOREIGN MILITARY SALES ACT, AS AMENDED;
NOW THEREFORE, IN CONSIDERATION OF THE PREMISES AND THE MUTUAL
COVENANTS HEREINAFTER SET FORTH, AND IN IMPLEMENTATION OF, AND SUBJECT
TO THE PROVISIONS OF THE AGREEMENT ON AID TO GREECE BETWEEN THE
GOVERNMENT OF GREECE AND THE GOVERNMENT OF THE UNITED STATES OF AMERICA,
DATED 20 JUNE 1947, TH PARTIES HERETO AGREE AS FOLLOWS:
1. SUBJECT TO THE TERMS AND CONDITIONS HEREOF, AND SOLELY FOR THE
AFORESAID PURPOSES, THE GOVERNMENT OF THE UNITED STATES OF AMERICA SHALL
MAKE OR PLACE LOANS TO THE GOVERNMENT OF GREECE FROM TIME TO TIME IN AN
AGGREGATE PRINCIPAL AMOUNT UP TO BUT NOT EXCEEDING US $50,000,000.
2. THE GOVERNMENT OF GREECE SHALL REPAY THE LOANS MADE PURSUANT TO
THIS PRESENT AGREEMENT IN 16 CONSECUTIVE SEMI-ANNUAL INSTALLMENTS OF US
$3,125,000 EACH, PAYABLE ON 1 JULY, AND 1 JANUARY OF EAC YEAR AND
COMMENCING ON 1 JULY 1976, AND SHALL PAY INTEREST SEMI-ANNUALLY ON 1
JULY AND 1 JANUARY OF EACH YEAR, COMMENCING ON 1 JULY 1974, AT A RATE
EQUAL TO THE COST OF MONEY TO THE UNITED STATES GOVERNMENT AT TIME OF
SIGNATURE, USING A 365 DAY FACTOR, ON THE AMOUNT BY WHICH FROM TIME TO
TIME CUMULATIVE DISBURSEMENTS EXCEED CUMULATIVE REPAYMENTS OF PRINCIPAL.
3. THE GOVERNMENT OF GREECE AGREES TO EXECUTE ON OR BEFORE 3 MAY
1974, A CREDIT AGREEMENT IN THE FORM OF ANNEX A HERETO (WITH THE BLANKS
APPROPRIATELY FILLED IN AND SUBJECT TO THE PRINCIPAL AND INTEREST
SCHEDULE SPECIFIED IN PARAGRAPH 2 ABOVE) FOR AT LEAST US $25,000,000,
BUT NOT TO EXCEED TH AGGREGATE PRINCIPAL AMOUNT SPECIFIED IN PARAGRAPH 1
ABOVE, IN PARTIAL OR FULL SUBSTITUTION OF THIS PRESENT AGREEMENT AND,
EXCEPT AS OTHERWISE PROVIDED HEREIN AND IN THE CREDIT AGREEMENT, OF THE
RESPECTIVE RIGHTS AND OBLIGATIONS OF THE TWO GOVERNMENTS UNDER THIS
PRESENT AGREEMENT.
4. SUBJECT TO PARAGRAPH 5 BELOW, THE GOVERNMENT OF THE UNITED STATES
OF AMERICA RESERVES THE RIGHT TO PLACE ON OR BEFORE 3 MAY 1974, WITH OR
WITHOUT ADVERTISEMENT, UP TO US $25,000,000 IN PRINCIPAL AMOUNT OF THE
AGGREGATE LOAN AMOUNT SPECIFIED IN PARAGRAPH 1 WITH ONE OR MORE PRIVATE
LENDERS DOING BUSINESS IN THE UNITED STATES AT THE RATE OF INTEREST THEN
AVAILABLE AND SUBJECT TO THE PRINCIPAL AND INTEREST REPAYMENT SCHEDULE
SPECIFIED IN PARAGRAPH 2 ABOVE. SUCH LOANS SHALL BE PLACED PURSUANT TO
LOAN AGREEMENT(S) EXECUTED BY SUCH PRIVATE LENDERS SUBSTANTIALLY IN THE
FORM OF ANNEX B HERETO (WITH THE BLANKS APPROPRIATELY FILLED IN),
SUBJECT TO UNITED STATES GOVERNMENT GUARANTY UNDER THE UNITED STATES
FOREIGN MILITARY SALES ACT, AS AMENDED. THE GOVERNMENT OF GREECE AGREES
TO EXECUTE THE AFORESAID LOAN AGREEMENT(S) AT THE OFFICE OF THE
DIRECTOR, UNITED STATES DEFENSE SECURITY ASSISTANCE AGENCY, OR AT SUCH
OTHER PLACE AS HE MAY DESIGNATE, ON SUCH DATE AS MAY BE SPECIFIED BY THE
AFORESAID DIRECTOR, UPON NOTIFICATION TO IT THAT THE GOVERNMENT OF THE
UNITED STATES OF AMERICA HAS EXERCISED ITS RIGHT UNDER THE PRECEDING
SENTENCES OF THIS PARAGRAPH, IN PARTIAL SUBSTITUTION OF THIS PRESENT
AGREEMENT AND OF THE RESPECTIVE RIGHTS AND OBLIGATIONS OF THE TWO
GOVERNMENTS UNDER THIS PRESENT AGREEMENT,
5. IN THE EVENT THAT THE GOVERNMENT OF THE UNITED STATES OF AMERICA
EXERCISES ITS RIGHTS UNDER PARAGRAPH 4 ABOVE -
A. IN THE AGGREGATE, THE PRINCIPAL AND INTEREST SCHEDULES OF THE
CREDIT AGREEMENT AND THE LOAN AGREEMENT(S) SHALL MATCH THE PRINCIPAL AND
INTEREST SCHEDULES SPECIFIED IN PARAGRAPH 2 ABOVE, ALTHOUGH INDIVIDUAL
PAYMENTS TO THE GOVERNMENT OF THE UNITED STATES OF AMERICA AND TO THE
PRIVATE LENDER(S), RESPECTIVELY, MAY VARY AS TO AMOUNT AND SCHEDULED
DATE.
B. EACH BORROWING BY THE GOVERNMENT OF GREECE UNDER THE AFORESAID
CREDIT AGREEMENT AND LOAN AGREEMENT(S) WILL BE PRORATIONED AMONG THE
GOVERNMENT OF THE UNITED STATES OF AMERICA AND THE PRIVATE LENDER(S) IN
THE PROPORTIONS THAT EACH OF THE LOAN COMMITMENTS UNDER THE CREDIT
AGREEMENT AND THE LOAN AGREEMENT(S) BEARS TO THE AGGREGATE PRINCIPAL
AMOUNT OF US $50,000,000 SPECIFIED IN PARAGRAPH 1 ABOVE, AND THE
GOVERNMENT OF GREECE UNDERTAKES THAT IT SHALL SO ALLOCATE EACH BORROWING
THIS UNDERTAKING BY THE GOVERNMENT OF GREECE SHALL CONTINUE IN FORCE
AFTER THE EXECUTION OF THE CREDIT AGREEMENT AND LOAN AGREEMENT(S).
C. INTEREST UNDER THE CREDIT AGREEMENT SHALL BE COMPUTED AS FOLLOWS:
(I) WITH RESPECT TO EACH SEMI-ANNUAL PAYMENT OF INTEREST SCHEDULED
UNDER THE PARAGRAPH 2 ABOVE AND PAYABLE BOTH UNDER THE LOAN AGREEMENT(S)
AND THE CREDIT AGREEMENT -
(A) THE AGGREGATE INTEREST PAYABLE TO THE PRIVATE LENDER(S) AND TO
THE GOVERNMENT OF THE UNITED STATES OF AMERICA SHALL BE COMPUTED AT THE
PER ANNUM RATE SET FORTH IN PARAGRAPH 2 ABOVE ON THE AGGREGATE UNPAID
PRINCIPAL;
(B) THE AMOUNT OF INTEREST PAYABLE TO THE PRIVATE LENDER(S) SHALL BE
COMPUTED AT THE PER ANNUM RATE SET FORTH IN THE LOAN AGREEMENT(S) ON THE
AMOUNT OF UNPAID PRINCIPAL OWED TO THE PRIVATE LENDER(S); AND
(C) THE DIFFERENCE BETWEEN THE AGGREGATE INTEREST AMOUNT AND THE
INTEREST AMOUNT PAYABLE TO THE PRIVATE LENDER(S) SHALL BE THE INTEREST
AMOUNT DUE AND PAYABLE ON THE SCHEDULED DATE TO THE GOVERNMENT OF THE
UNITED STATES OF AMERICA.
(II) WITH RESPECT TO EACH SEMI-ANNUAL PAYMENT OF INTEREST SCHEDULED
UNDER PARAGRAPH 2 ABOVE AND PAYABLE AFTER THE ENTIRE PRINCIPAL OF THE
LOAN(S) UNDER THE LOAN AGREEMENT(S) HAS BEEN REPAID, INTEREST PAYABLE
UNDER THE CREDIT AGREEMENT SHALL BE COMPUTED AT THE PER ANNUM RATE SET
FORTH IN PARAGRAPH 2 ABOVE ON THE UNPAID PRINCIPAL AMOUNT OF THE CREDIT
AGREEMENT.
D. SHOULD THE GOVERNMENT OF GREECE NOT AVAIL ITSELF OF THE ENTIRE
AMOUNT OF THE LOAN COMMITMENTS UNDER THE CREDIT AGREEMENT AND LOAN
AGREEMENT(S), AND THE INSTALLMENTS OF PRINCIPAL REPAYMENTS SET FORTH IN
THE PRINCIPAL REPAYMENT SCHEDULES OF BOTH AGREEMENTS BE ACCORDINGLY
REDUCED IN THE INVERSE ORDER OF MATURITY TO THE EXTENT OF THE UNUSED
BALANCES OF THE COMMITMENTS, AS PROVIDED FOR IN ANNEXES A AND B, THEN,
IN THAT EVENT -
(I) THE PRINCIPAL REPAYMENT SCHEDULE OF THE CREDIT AGREEMENT SHALL BE
DEEMED ADDITIONALLY ADJUSTED TO CONFORM AS TO AMOUNTS AND DATES TO THE
PRINCIPAL SCHEDULE SPECIFIED IN PARAGRAPH 2 ABOVE, NAMELY, THE
INSTALLMENTS OF PRINCIPAL REPAYMENTS DUE UNDER THE CREDIT AGREEMENT
SHALL BE EQUAL TO THE DIFFERENCE IN THE ORDER OF THEIR MATURITIES
BETWEEN (A) THE PRINCIPAL REPAYMENTS SPECIFIED UNDER PARAGRAPH 2 ABOVE
AND (B) THE PRINCIPAL REPAYMENTS DUE UNDER THE REDUCED PRINCIPAL
REPAYMENT SCHEDULE OF THE LOAN AGREEMENT(S); AND
(II) UPON REQUEST OF THE GOVERNMENT OF THE UNITED STATES OF AMERICA,
THE GOVERNMENT OF GREECE SHALL DELIVER TO THE GOVERNMENT OF THE UNITED
STATES OF AMERICA, IN PLACE OF ANY PROMISSORY NOTE ISSUED UNDER THE
CREDIT AGREEMENT PRIOR TO SUCH ADJUSTMENT OF THE PRINCIPAL REPAYMENT
SCHEDULE, ONE OR MORE SEPARATE PROMISSORY NOTES, AGGREGATING NOT MORE
THAN THE AMOUNT OF THE NOTE REPLACED, WHICH SHALL CONFORM TO THE
ADJUSTED PRINCIPAL REPAYMENT SCHEDULE OF THE CREDIT AGREEMENT.
6. THE PURPOSE OF EXECUTING THE CREDIT AGREEMENT AND THE LOAN
AGREEMENT(S) SPECIFIED IN PARAGRAP 3 AND PARAGRAPH 4 ABOVE IS TO
DEFINITIZE IN FULL THE CREDIT TERMS, DISBURSEMENT PROCEDURES, AND
REPAYMENT OBLIGATIONS SET FORTH IN SUMMARY FASHION IN PARAGRAPH 1 AND
PARAGRAPH 2 ABOVE PRIOR TO TH DISBURSEMENT OF ANY FUNDS. TO THE EXTENT
THAT THE GOVERNMENT OF GREECE SHOULD BE UNWILLING OR UNABLE TO EXECUTE
ONE OR MORE OF SAID CREDIT AGREEMENT AND LOAN AGREEMENT(S) AT THE TIMES
SPECIFIED THE GOVERNMENT OF THE UNITED STATES OF AMERICA RESERVES THE
RIGHTS (I) TO TERMINATE ALL OR ANY PART OF THE LOAN COMMITMENT SPECIFIED
IN PARAGRAPH 1 ABOVE AND (II) NOT TO ISSUE THE UNITED STATES GOVERNMENT
GUARANTIES REFERRED TO IN PARAGRAPH 4 ABOVE.
IN WITNESS WHEREOF, THE PARTIES HERETO HAVE DULY EXECUTED THIS
INTERIM CREDIT AGREEMENT THIS 26TH DAY OF FEBRUARY, 1974.
GOVERNMENT OF GREECE
BY SIGNED
LTGEN O. KYRIAKOPOULOS
DEPUTY COMMANDER
SUPREME HELLENIC ARMED FORCES
COMMAND
GOVERNMENT OF THE UNITED STATES OF AMERICA
SIGNED
RICHARD R. VIOLETTE
DEPARTMENT OF DEFENSE
ANNEX A
CREDIT AGREEMENT, MADE AND ENTERED INTO THE __________ DAY OF
__________, 1974, BETWEEN THE GOVERNMENT OF GREECE, REPRESENTED BY ITS
__________, AND THE GOVERNMENT OF THE UNITED STATES OF AMERICA,
REPRESENTED BY THE DEPARTMENT OF DEFENSE OF THE UNITED STATES OF
AMERICA.
WITNESSETH
WHEREAS, THE GOVERNMENT OF GREECE (HEREINAFTER SOMETIMES REFERRED TO
AS THE "BORROWER") DESIRES T ENTER INTO PURCHASE CONTRACTS (HEREINAFTER
REFERRED TO AS "PURCHASE ARRANGEMENTS") WITH THE MILITAR DEPARTMENTS AND
AGENCIES OF THE UNITED STATES DEPARTMENT OF DEFENSE (HEREINAFTER
REFERRED TO AS "DOD") AND/OR VARIOUS UNITED STATES COMMERCIAL SUPPLIERS
FOR THE PURCHASE OF DEFENSE ARTICLES AND SERVICES OF UNITED STATES
ORIGIN (HEREINAFTER COLLECTIVELY REFERRED TO AS "DEFENSE ITEMS"); AND
WHEREAS, THE BORROWER HAS REQUESTED THE GOVERNMENT OF THE UNITED
STATES OF AMERICA (HEREINAFTER SOMETIMES REFERRED TO AS THE "LENDER") TO
FINANCE PAYMENTS REQUIRED TO BE MADE BY THE BORROWER UNDE THE PURCHASE
ARRANGEMENTS; AND
WHEREAS, THE AFORESAID REQUESTED CREDIT WILL FACILITATE THE PURPOSES
OF THE UNITED STATES FOREIGN MILITARY SALES ACT, AS AMENDED;
WHEREAS, THE BORROWER AND THE LENDER ENTERED INTO AN INTERIM CREDIT
AGREEMENT ON __________ 1974,
NOW THEREFORE, IN CONSIDERATION OF THE PREMISE AND THE MUTUAL
COVENANTS HEREINAFTER SET FORTH, AN IN IMPLEMENTATION OF, AND SUBJECT TO
THE PROVISIONS OF THE AGREEMENT BETWEEN THE GOVERNMENT OF GREECE AND THE
GOVERNMENT OF THE UNITED STATES OF AMERICA, DATED 20 JUNE 1947, THE
PARTIES HERETO AGREE AS FOLLOWS:
1. SUBJECT TO THE TERMS AND CONDITIONS HEREOF, THE LENDER AGREES TO
MAKE LOANS TO THE BORROWER FROM TIME TO TIME IN AN AGGREGATE PRINCIPAL
AMOUNT UP TO BUT NOT EXCEEDING $25,000,000 (HEREINAFTER CALLED THE
"COMMITMENT").
2. THE AFORESAID COMMITMENT SHALL BE AVAILABLE ONLY TO FINANCE THE
PURCHASE OF DEFENSE ITEMS BY THE BORROWER PURSUANT TO PURCHASE
ARRANGEMENTS AUTHORIZED FOR SUCH FINANCING BY DOD WHICH ARE ENTERED INTO
BY THE BORROWER ON OR BEFORE 30 JUNE 1975. EACH AUTHORIZATION FOR THE
BORROWER TO ENTER INTO A PURCHASE ARRANGEMENT IN IMPLEMENTATION OF THIS
CREDIT AGREEMENT SHALL BE SEPARATELY COMMUNICATED BY DOD IN WRITING TO
THE BORROWER, WHICH AUTHORIZATION SHALL SPECIFY THE DEFENSE ITEMS AND
THE AMOUNT OF CREDIT AUTHORIZED FOR THAT PURCHASE ARRANGEMENT. THE
BORROWER SHALL INCORPORATE INTO EACH SUCH PURCHASE ARRANGEMENT WITH
COMMERCIAL SUPPLIERS THE PROVISIONS OF EXHIBIT A HERETO AN ATTACH AS AN
EXHIBIT TO THE PURCHASE ARRANGEMENT A TRUE COPY OF THE APPLICABLE
AFORESAID AUTHORIZATION AND OF PARAGRAPH 9 OF THIS CREDIT AGREEMENT.
3. EACH LOAN HEREUNDER BY THE LENDER SHALL BE MADE IN ACCORDANCE
WITH THE FOLLOWING PROCEDURES:
(A) EACH LOAN SHALL BE MADE ON SUCH DATE (HEREINAFTER REFERRED TO AS
A "DISBURSEMENT DATE") AS MAY BE DESIGNATED BY THE BORROWER FROM TIME TO
TIME UPON TEN (10) DAYS WRITTEN NOTICE BY THE BORROWER TO THE LENDER.
(B) EACH NOTICE SHALL SPECIFY THE AMOUNT OF THE LOAN TO BE MADE BY
THE LENDER ON THE DISBURSEMEN DATE, AND SHALL SPECIFY THE SUPPLIER OR
SUPPLIERS (INCLUDING THE MILITARY DEPARTMENTS OR AGENCIES O DOD) TO WHOM
THE DISBURSEMENT IS TO BE REMITTED BY THE LENDER.
(C) EACH NOTICE SHALL BE SENT TO THE COMPTROLLER, DEFENSE SECURITY
ASSISTANCE AGENCY, THE PENTAGON, WASHINGTON, D.C. 20301.
(D) IN THE CASE OF DISBURSEMENTS REQUESTED TO BE MADE TO COMMERCIAL
SUPPLIERS, THE INVOICES SHAL BE PREPARED IN ACCORDANCE WITH THE
PROCEDURE SET FORTH IN ANNEX A HERETO.
(E) IN THE CASE OF DISBURSEMENTS REQUESTED TO BE MADE TO THE MILITARY
DEPARTMENTS AND AGENCIES O DOD, THE NOTICES SHALL HAVE ANNEXED THERETO
COPIES OF THE PAYMENT REQUEST RECEIVED BY THE BORROWER FROM SUCH
MILITARY DEPARTMENT OR AGENCY AGAINST WHICH DISBURSEMENT IS REQUESTED.
(F) WITH EACH NOTICE, THE BORROWER SHALL CONCURRENTLY TRANSMIT TO THE
LENDER AT THE ADDRESS SET FORTH IN SUBPARAGRAPH (C) ABOVE OF THIS
PARAGRAPH A PROMISSORY NOTE SUBSTANTIALLY IN THE FORM OF EXHIBIT B
HERETO (WITH THE BLANKS APPROPRIATELY FILLED IN) RECITING THE OBLIGATION
OF THE BORROWER TO REPAY THE AMOUNT OF SUCH LOAN WITH INTEREST THEREON
AS HEREINAFTER SET FORTH. (THE PROMISSORY NOTES HEREINABOVE REFERRED TO
ARE HEREINAFTER CALLED THE "NOTES" AND INDIVIDUALLY A "NOTE").
4.(A) AT LEAST 50 PERCENT OF THE GROSS TONNAGE OF THE DEFENSE
ARTICLES MUST BE TRANSPORTED ON VESSELS OF UNITED STATES REGISTRY. UP
TO 50 PERCENT OF THE GROSS TONNAGE OF THE DEFENSE ARTICLES MAY BE
SHIPPED ON VESSELS OF UNITED STATES - APPROVED NON-UNITED STATES
REGISTRY. THE GOVERNMENT O GREECE SHALL ESTABLISH A MONITORING
PROCEDURE TO INSURE THAT THE 50 PERCENT REQUIREMENT IS NOT VIOLATED.
5. THIS AGREEMENT EVIDENCES THE LEGAL AND BINDING OBLIGATION OF THE
BORROWER TO MAKE REPAYMENTS TO THE LENDER FOR DISBURSEMENTS MADE BY THE
LENDER IN ACCORDANCE WITH THE TERMS HEREOF. THE LENDER MAY SELL OR
ASSIGN, IN WHOLE OR IN PART, ITS RIGHTS TO SAID REPAYMENTS AND MAY, WITH
RESPECT TO SUC SALE OR ASSIGNMENT, GUARANTEE PAYMENT OF THE SAME.
6.(A) THE BORROWER HEREBY AGREES: (I) TO REPAY THE DISBURSEMENTS
MADE BY THE LENDER IN ACCORDANCE WITH THE PRINCIPAL REPAYMENT SCHEDULE
SET FORTH IN EXHIBIT C HERETO, AND (II) TO PAY INTEREST SEMIANNUALLY ON
1 JULY AND 1 JANUARY COMMENCING 1 JULY 1974, ON THE AMOUNT BY WHICH FROM
TIME TO TIME CUMULATIVE DISBURSEMENTS EXCEED CUMULATIVE REPAYMENTS OF
PRINCIPAL. INTEREST SHALL BE CALCULATED ON A 365 DAY BASIS AND ACTUAL
DAYS ELAPSED AND IN ACCORDANCE WITH THE PROVISIONS OF PARAGRAPH 5 OF THE
AFORESAID INTERIM CREDIT AGREEMENT OF __________ 1974.
(B) IF ON ANY INSTALLMENT REPAYMENT DATE SET FORTH IN THE PRINCIPAL
REPAYMENT SCHEDULE THE BORROWER SHALL NOT HAVE AVAILED ITSELF OF THE
COMMITMENT OF THE LENDER IN AN AGGREGATE AMOUNT (LESS REPAYMENTS
PREVIOUSLY MADE) EQUAL TO THE AGGREGATE INSTALLMENT OF PRINCIPAL WHICH
IS REPAYABLE ON SUCH DATE TO THE LENDER, THE BORROWER SHALL, ON SUCH
INSTALLMENT DATE, REPAY TO THE LENDER THE FULL AMOUNT (LESS REPAYMENTS
PREVIOUSLY MADE) TO WHICH IT HAS AVAILED ITSELF OF THE COMMITMENT OF THE
LENDER TO SUCH DATE, TOGETHER WITH THE INTEREST ACCRUED THEREON. IF AT
ANY TIME THEREAFTER THE BORROWER SHALL AVAIL ITSELF OF THE COMMITMENT OF
THE LENDER IN AN AMOUNT WHICH WOULD HAVE BEEN PAYABLE ON A PRIOR
INSTALLMENT REPAYMENT DATE BUT FOR THE PROVISIONS OF THE IMMEDIATELY
PRECEDING SENTENCE, SUCH AMOUNT, TOGETHER WITH THE INTEREST ACCRUED
THEREON, SHALL BE REPAYABLE ON THE NEXT SUCCEEDING INSTALLMENT DATE OF
THE PRINCIPAL REPAYMENT SCHEDULE OCCURRING AFTER THE DISBURSEMENT OF
SUCH AMOUNT AND THE SAID AGGREGATE INSTALLMENT OF PRINCIPAL REPAYABLE
UNDER THE PRINCIPAL REPAYMENT SCHEDULE TO THE LENDER ON THAT DATE SHALL
BE INCREASED BY SUCH AMOUNT.
(C) IF BY THE DATE SPECIFIED IN PARAGRAPH 2 ABOVE, THE BORROWER SHALL
NOT HAVE ENTERED INTO AUTHORIZED PURCHASE ARRANGEMENTS IN AN AGGREGATE
AMOUNT EQUAL TO THE ENTIRE AMOUNT OF THE COMMITMENT, THE INSTALLMENTS OF
PRINCIPAL REPAYABLE TO THE LENDER SET FORTH IN THE PRINCIPAL REPAYMENT
SCHEDULE SHALL BE REDUCED IN THE INVERSE ORDER OF THE MATURITY THEREOF
TO THE EXTENT OF THE UNUSED BALANCE OF THE COMMITMENT.
(D) WHENEVER ANY REPAYMENT TO BE MADE BY THE BORROWER SHALL BE DUE ON
A SATURDAY, SUNDAY, OR PUBLIC HOLIDAY UNDER THE LAWS OF THE LENDER, SUCH
REPAYMENT MAY BE MADE ON THE NEXT SUCCEEDING BUSINESS DAY, AND SUCH
EXTENSION OF TIME SHALL IN SUCH CASE BE INCLUDED IN COMPUTING INTEREST
IN CONNECTION WITH SUCH REPAYMENT BUT EXCLUDED FROM THE NEXT INTEREST
PERIOD.
(E) THE BORROWER MAY PREPAY THE CREDIT EXTENDED UNDER THIS AGREEMENT
IN PART OR IN FULL ON ANY INTEREST PAYMENT DATE WITHOUT PENALTY OR
PREMIUM, BUT SUCH PREPAYMENT MUST BE ACCOMPANIED BY PAYMEN OF INTEREST
ON THE AMOUNT PREPAID TO THE DATE OF PREPAYMENT AND MUST BE APPLIED TO
THE SATISFACTION OF INSTALLMENTS OF PRINCIPAL REPAYMENTS IN THE INVERSE
ORDER OF THEIR MATURITIES.
(F) ALL REPAYMENTS BY THE BORROWER ON ACCOUNT OF PRINCIPAL OR
INTEREST SHALL BE IN LAWFUL MONEY OF THE UNITED STATES OF AMERICA AND IN
IMMEDIATELY AVAILABLE FUNDS, FREE AND CLEAR OF, AND WITHOUT DEDUCTION
FOR, AND ALL TAXES, LEVIES, IMPOSTS, DEDUCTIONS AND WITHHOLDINGS
WHATSOEVER IMPOSED, LEVIED, COLLECTED OR ASSESSED WITH RESPECT THERETO
BY ANY CENTRAL OR LOCAL AUTHORITY OF GREECE.
7.(A) THE NOTES SHALL BE FURTHER EVIDENCE OF THE OBLIGATION OF THE
BORROWER TO REPAY THE LOANS MADE HEREUNDER. EACH NOTE SHALL BE DATED
THE PARTICULAR DISBURSEMENT DATE OF THE LOAN WHICH SUCH NOTE EVIDENCES,
SHALL BE PAYABLE TO THE ORDER OF THE GOVERNMENT OF THE UNITED STATES IN
THE PRINCIPAL AMOUNT OF SUCH DISBURSEMENT, AND SHALL BEAR INTEREST ON
THE UNPAID PRINCIPAL AMOUNT THEREOF AS PROVIDED IN PARAGRAPH 5 OF THE
AFORESAID INTERIM CREDIT AGREEMENT OF __________, 1974. EXCEPT AS
OTHERWISE PROVIDED FOR IN PARAGRAPH 6(D), ANY INTEREST BALANCE NOT PAID
ON ITS DUE DATE SHALL ACCRUE INTEREST THEREON AT THE PER ANNUM RATE SET
FORTH IN PARAGRAPH 2 OF THE AFORESAID INTERIM CREDIT AGREEMENT OF
__________ 1974.
(B) THE NOTES SHALL BE COMPLETED BY THE BORROWER IN SUCH A MANNER
THAT REPAYMENT OF SUCH LOANS SHALL BE MADE IN THE ORDER OF THEIR
DISBURSEMENT, UTILIZING THE PRINCIPAL REPAYMENT SCHEDULE SET FORTH IN
EXHIBIT C (AS THE SAME MAY BE ADJUSTED IN ACCORDANCE WITH PARAGRAPHS
6(B) AND (C) HEREOF), AND, IN DETERMINING WHETHER A PARTICULAR LOAN IS
REPAYABLE IN ONE OR MORE INSTALLMENTS, UTILIZING A PARTICULAR
INSTALLMENT PAYMENT DATE ONLY AFTER THE FULL UTILIZATION OF THE NEXT
PRECEDING INSTALLMENT DATE.
(C) EACH NOTE SHALL BE SIGNED ON BEHALF OF THE BORROWER BY __________
8.(A) THE BORROWER REPRESENTS AND WARRANTS THAT THE MAKING AND
PERFORMANCE OF THIS AGREEMENT HAV BEEN DULY AUTHORIZED IN ACCORDANCE
WITH THE LAWS OF GREECE AND SHALL FURNISH TO THE LENDER UPON REQUEST
EVIDENCE, SATISFACTORY TO THE LENDER, OF THE AUTHORITY OF THE PERSON OR
PERSONS WHO HAVE SIGNED THIS AGREEMENT ON BEHALF OF THE BORROWER AND OF
THE PERSON OR PERSONS WHO WILL SIGN THE NOTE PROVIDED FOR HEREIN ON
BEHALF OF THE BORROWER, TOGETHER WITH THE AUTHENTICATED SPECIMEN
SIGNATURE, IN DUPLICATE, OF EACH OF THE LATTER.
(B) THIS AGREEMENT SHALL INURE TO THE BENEFIT OF THE HOLDERS OF THE
NOTES, THEIR RESPECTIVE SUCCESSORS AND ASSIGNS. THIS AGREEMENT AND THE
NOTES SHALL BE DEEMED TO BE CONTRACTS UNDER THE LAW OF THE DISTRICT OF
COLUMBIA AND FOR ALL PURPOSES SHALL BE CONSTRUED IN ACCORDANCE WITH SAID
LAW. THE BORROWER AGREES THAT JURISDICTION MAY BE TAKEN BY COURTS IN
THE DISTRICT OF COLUMBIA WITH RESPECT TO MATTERS INVOLVING ANY NOTE,
PROVIDED SUCH NOTE IS HELD BY AN INDIVIDUAL, PARTNERSHIP, CORPORATION,
OR OTHER PRIVATE LEGAL ENTITY.
(C) THE BORROWER SHALL IN ALL CASES PAY WHEN AND AS DUE THE PRINCIPAL
OF INTEREST AND ALL NOTES ISSUED HEREUNDER, NOTWITHSTANDING ANY CLAIMS
WHICH THE BORROWER MAY NOW OR HEREAFTER HAVE AGAINST ANY SUPPLIER OF THE
DEFENSE ITEMS, DOD, THE LENDER, OR ANY OTHER PERSON OR ENTITY IN
CONNECTION WIT ANY OTHER TRANSACTION, FOR ANY REASON WHATSOEVER.
9. UPON THE OCCURRENCE OF ANY OF THE FOLLOWING EVENTS OF DEFAULT:
(A) IF THE BORROWER FAILS FOR A PERIOD OF THIRTY (30) DAYS TO MAKE
ANY PAYMENT OF PRINCIPAL OF, OR INTEREST ON, ANY NOTE WHEN DUE;
(B) IF ANY REPRESENTATION OR WARRANTY MADE BY THE BORROWER HEREIN OR
ANY CERTIFICATE FURNISHED B THE BORROWER PURSUANT HERETO PROVES TO BE AT
ANY TIME INCORRECT IN ANY MATERIAL RESPECT; OR
(C) IF THE BORROWER DEFAULTS IN THE PERFORMANCE OF ANY OTHER TERM,
COVENANT OR UNDERTAKING CONTAINED IN THIS CREDIT AGREEMENT, AND SUCH
DEFAULT SHALL CONTINUE UNREMEDIED FOR 30 DAYS AFTER WRITTEN NOTIFICATION
THEREOF SHALL HAVE BEEN GIVEN TO THE BORROWER BY THE LENDER; THEN, AND
IN ANY SUCH EVENT, THE HOLDER OF ANY NOTE MAY DECLARE IMMEDIATELY DUE
ANY PAYABLE THE UNPAID PRINCIPAL OF, AND ACCRUED INTEREST ON, ANY OR ALL
NOTES HELD BY SUCH HOLDER AND SUCH AMOUNTS SHALL BECOME IMMEDIATELY DUE
AND PAYABLE WITHOUT PROTEST, PRESENTMENT, NOTICE OR OTHER DEMAND OF ANY
KIND, ALL O WHICH ARE HEREBY EXPRESSLY WAIVED BY THE BORROWER, AND THE
LENDER MAY TERMINATE ITS COMMITMENT HEREUNDER.
10. ALL COMMUNICATIONS AND OTHER DOCUMENTS REQUIRED OR PERMITTED
HEREUNDER, UNLESS SUBMITTED IN THE ENGLISH LANGUAGE, SHALL BE
ACCOMPANIED BY ONE ENGLISH TRANSLATION FOR EACH COPY OF SUCH DOCUMENTS
TO BE FURNISHED AND, IN THE EVENT OF CONFLICT, THE ENGLISH VERSION SHALL
GOVERN. EXCEPT AS OTHERWISE PROVIDED HEREIN, ALL NOTICES, REQUESTS OR
DEMANDS HEREUNDER SHALL BE DEEMED TO HAVE BEEN GIVEN OR MADE UPON THE
MAILING OF THE SAME, POSTATE PRE-PAID, OR IN THE CASE OF TELEGRAPHIC
NOTICE, ON DELIVERY TO THE TELEGRAPHIC COMPANY, ADDRESSED IN THE CASE OF
THE BORROWER, TO _________ AND IN THE CASE OF THE LENDER TO THE
DIRECTOR, DEFENSE SECURITY ASSISTANCE AGENCY, THE PENTAGON, WASHINGTON,
D.C. 20301.
11. THIS AGREEMENT MAY BE EXECUTED IN ANY NUMBER OF COUNTERPARTS AND
BY THE PARTIES HERETO ON SEPARATE COUNTERPARTS, EACH OF WHICH SHALL BE
DEEMED AN ORIGINAL BUT ALL SUCH COUNTERPARTS TO CONSTITUTE ONE AND THE
SAME INSTRUMENT.
12. EXHIBITS A THROUGH C ATTACHED HERETO ARE, BY THIS REFERENCE,
MADE A PART OF THIS AGREEMENT.
IN WITNESS WHEREOF, THE PARTIES HERETO HAVE DULY EXECUTED THIS
AGREEMENT __ DAY OF __________ 1974.
GOVERNMENT OF GREECE
BY (NAME TYPED)
(TITLE)
GOVERNMENT OF THE UNITED STATES OF AMERICA
BY (NAME TYPED)
(TITLE)
EXHIBIT A
PAYMENT PROCEDURES
THE FOLLOWING PROCEDURES AND CONDITIONS SHALL BE ADHERED TO PRIOR TO
EACH DISBURSEMENT TO BE MADE BY THE GOVERNMENT OF THE UNITED STATES FOR
THE ACCOUNT OF THE GOVERNMENT OF GREECE.
1. THE SUPPLIER SHALL PREPARE AND SUBMIT TO THE DESIGNATED
REPRESENTATIVES OF THE GOVERNMENT OF GREECE IN WASHINGTON, D.C. INVOICES
ON U.S. STANDARD FORM 1034 IN SUFFICIENT NUMBER OF COPIES TO PERMIT THE
FORWARDING OF FOUR COPIES TO THE DISBURSING OFFICER DESIGNATED IN
PARAGRAPH 5 BELOW.
2. THE SUPPLIER SHALL INSURE THAT EACH INVOICE IS IN ACCORDANCE WITH
RELEVANT PROVISIONS OF ITS PURCHASE ARRANGEMENT WITH THE GOVERNMENT OF
GREECE.
3. THE SUPPLIER SHALL ATTACH TO EACH INVOICE A STATEMENT THAT
AUTHORIZED REPRESENTATIVES OF THE GOVERNMENT OF THE UNITED STATES SHALL,
UNTIL THE EXPIRATION OF THREE YEARS AFTER FINAL PAYMENT HEREUNDER, HAVE
ACCESS TO AND THE RIGHT TO EXAMINE ANY DIRECTLY RELATED PERTINENT BOOKS,
DOCUMENTS, PAPERS AND RECORDS OF THE SUPPLIER INVOLVING TRANSACTIONS
RELATING TO THE AFORESAID PURCHASE ARRANGEMENT.
4. TO THE EXTENT THAT ANY INVOICE REQUESTS PAYMENT OF ADVANCES, AS
DISTINGUISHED FROM PAYMENT FO DELIVERY OF DEFENSE ITEMS OR REIMBURSEMENT
IN THE FORM OF PROGRESS PAYMENTS FOR WORK OR SERVICES PERFORMED, THE
SUPPLIER SHALL ATTACH TO THE INVOICE A STATEMENT SETTING FORTH THE
UNDERTAKING OF TH SUPPLIER THAT THE FULL AMOUNT OF THE ADVANCE WILL BE
MAINTAINED BY THE SUPPLIER IN A SEGREGATED ACCOUNT WHICH WILL BE APPLIED
SOLELY TO THE PERFORMANCE OF THE SUPPLIER'S OBLIGATIONS UNDER THE
PURCHASE ARRANGEMENT.
5. THE DESIGNATED REPRESENTATIVE OF THE GOVERNMENT OF GREECE IN
WASHINGTON, D.C. SHALL FORWARD SUCH INVOICES TO THE COMPTROLLER, DEFENSE
SECURITY ASSISTANCE AGENCY, THE PENTAGON, WASHINGTON, D.C 20301.
6. EACH INVOICE SHALL BE ACCOMPANIED BY A CERTIFICATION OF THE
GOVERNMENT OF GREECE AS FOLLOWS:
THE GOVERNMENT OF GREECE CONFIRMS (THAT THE DEFENSE ITEMS SET FORTH
HEREIN HAVE BEEN SATISFACTORILY RECEIVED BY OR FOR THE GOVERNMENT OF
GREECE) (THAT THE WORK OR SERVICES FOR WHICH PROGRESS PAYMENTS ARE
REQUESTED HAVE BEEN SATISFACTORILY RENDERED) (THAT PAYMENT IS OTHERWISE
DUE) UNDER ITS PURCHASE ARRANGEMENT OF __________ FOR THE PURCHASE OF
DEFENSE ITEMS FROM SUPPLIER, AND CERTIFIES THAT THE BILL IS CORRECT AND
JUST AND THAT PAYMENT THEREFOR HAS NOT BEEN MADE. PAYMENT O THIS
INVOICE IS REQUESTED BY THE MINISTRY OF DEFENSE OF THE GOVERNMENT OF
GREECE PURSUANT TO THE TERMS OF THE CREDIT AGREEMENT OF __________ 1974
BETWEEN THE __________ OF THE GOVERNMENT OF GREECE AND THE GOVERNMENT OF
THE UNITED STATES OF AMERICA. THE GOVERNMENT OF GREECE CONFIRMS THAT
SAID PURCHASE ARRANGEMENT IS ONE OF THE PURCHASE ARRANGEMENTS AUTHORIZED
BY THE DEPARTMENT OF DEFENSE OF THE UNITED STATES OF AMERICA PURSUANT TO
THE AFORESAID CREDIT AGREEMENT OF __________ 1974 AND FURTHER CONFIRMS
THAT THE CUMULATIVE TOTAL OF THIS INVOICE AND INVOICES PREVIOUSLY PAID
BY THE GOVERNMENT OF THE UNITED STATES AGAINST SAID PURCHASE ARRANGEMENT
DOES NOT EXCEED THE AGGREGATE CREDIT CEILING ESTABLISHED BY THE
GOVERNMENT OF THE UNITED STATES FOR THE SAID PURCHASE ARRANGEMENT
"GOVERNMENT OF GREECE
BY (NAME TYPED)
(TITLE)"
EXHIBIT B
PROMISSORY NOTE
U.S. $__________, NEW YORK, N.Y.
FOR VALUE RECEIVED, THE UNDERSIGNED, THE GOVERNMENT OF GREECE (HEREIN
CALLED "GREECE"), HEREBY PROMISES TO PAY TO THE ORDER OF THE GOVERNMENT
OF THE UNITED STATES OF AMERICA (HEREIN CALLED "UNITED STATES") THE
PRINCIPAL SUM OF __________ UNITED STATES DOLLARS (U.S. $__________ AS
FOLLOWS
TOGETHER WITH INTEREST ON ANY AND ALL REMAINING UNPAID HEREUNDER FROM
TIME TO TIME FROM THE DATE HEREOF UNTIL THIS NOTE SHALL BE PAID IN FULL,
PAYABLE SEMIANNUALLY ON 1 JULY AND 1 JANUARY OF EACH YEAR FROM DATE
HEREOF AT A RATE DETERMINED FOR PURPOSES HEREOF (AND INCREASED OR
DECREASED FROM TIM TO TIME) IN ACCORDANCE WITH THE CREDIT AGREEMENT
HEREINAFTER REFERRED TO. BOTH PRINCIPAL AND INTEREST SHALL BE PAYABLE
IN LAWFUL MONEY OF THE UNITED STATES OF AMERICA TO THE COMPTROLLER,
DEFENSE SECURITY ASSISTANCE AGENCY, ATTENTION: FINANCE AND ACCOUNTING
DIVISON, THE PENTAGON, WASHINGTON, D.C. 20301. ALL PAYMENTS MADE ON
ACCOUNT OF THE PRINCIPAL AMOUNT REMAINING UNPAID HEREUNDER SHALL BE
ENDORSED BY THE HOLDER ON THE REVERSE SIDE OF THIS NOTE.
WHENEVER ANY PAYMENT TO BE MADE SHALL BE DUE ON A SATURDAY, SUNDAY,
OR A PUBLIC HOLIDAY UNDER THE LAWS OF THE GOVERNMENT OF THE UNITED
STATES, SUCH PAYMENT MAY BE MADE ON THE NEXT SUCCEEDING BUSINESS DAY,
AND SUCH EXTENSION OF TIME SHALL IN SUCH CASE BE INCLUDED IN COMPUTING
INTEREST IN CONNECTION WITH SUCH PAYMENT BUT EXCLUDED FROM THE NEXT
INTEREST PERIOD.
THIS NOTE IS ONE OF THE NOTES REFERRED TO IN THE CREDIT AGREEMENT OF
__________ BETWEEN THE GOVERNMENT OF GREECE AND THE GOVERNMENT OF THE
UNITED STATES OF AMERICA. IT IS ENTITLED TO THE BENEFITS OF THE SAID
CREDIT AGREEMENT AND MAY BE PREPAID ON ANY INTEREST PAYMENT DATE.
PREPAYMENTS SHALL BE APPLIED TO THE INSTALLMENTS HEREOF IN THE INVERSE
ORDER OF THEIR MATURITY. ALL PAYMENTS O PRINCIPAL AND INTEREST ON THIS
NOTE ARE PAYABLE IN LAWFUL MONEY OF THE UNITED STATES OF AMERICA AND IN
IMMEDIATELY AVAILABLE FUNDS, FREE AND CLEAR OF, AND WITHOUT DEDUCTION
FOR, ANY TAXES, LEVIES, IMPOSTS, DEDUCTIONS, AND WITHHOLDINGS WHATSOEVER
NOW OR HEREAFTER IMPOSED, LEVIED, COLLECTED OR ASSESSED WITH RESPECT
THERETO BY ANY CENTRAL OR LOCAL AUTHORITY OF GREECE AND SHALL BE PAID
FREE FROM ALL RESTRICTIONS OF ANY CENTRAL OR LOCAL AUTHORITY OF GREECE.
GREECE AGREES TO PAY ALL OUT-OF-POCKET COSTS AND EXPENSES IN
CONNECTION WITH COLLECTION AFTER DEFAULT OF THIS NOTE (INCLUDING THE
REASONABLE FEES AND OUT-OF-POCKET EXPENSES OF COUNSEL) AS WELL AS ALL
STAMP AND SIMILAR TAXES, IF ANY, NOW OR HEREAFTER IN EFFECT, AND TO SAVE
THE HOLDER OF THE NOTE HARMLESS FROM ANY AND ALL LIABILITIES WITH
RESPECT TO OR RESULTING FROM ANY DELAY OR OMISSION TO PAY SUCH TAXES.
GOVERNMENT OF GREECE
BY (NAME TYPED)
(TITLE)
EXHIBIT C
PRINCIPAL REPAYMENT SCHEDULE*
THE FIRST $3,125,000 OF DISBURSEMENTS ARE REPAYABLE ON 1 JULY 1980
THE NEXT $3,125,000 OF DISBURSEMENTS ARE REPAYABLE ON 1 JANUARY 1981
THE NEXT $3,125,000 OF DISBURSEMENTS ARE REPAYABLE ON 1 JULY 1981
THE NEXT $3,125,000 OF DISBURSEMENTS ARE REPAYABLE ON 1 JANUARY 1982
THE NEXT $3,125,000 OF DISBURSEMENTS ARE REPAYABLE ON 1 JULY 1982
THE NEXT $3,125,000 OF DISBURSEMENTS ARE REPAYABLE ON 1 JANUARY 1983
THE NEXT $3,125,000 OF DISBURSEMENTS ARE REPAYABLE ON 1 JULY 1983
THE LAST $3,125,000 OF DISBURSEMENTS ARE REPAYABLE ON 1 JANUARY 1984
*THE AMOUNTS AND DATES OF PRINCIPAL INSTALLMENT REPAYMENTS ARE
SUBJECT TO THE PROVISIONS OF THE INTERIM CREDIT AGREEMENT OF __________
BETWEEN THE BORROWER AND THE LENDER.
ANNEX B THRU B14
MODEL LOAN AGREEMENT
LOAN AGREEMENT MADE AND ENTERED INTO THE __ DAY OF __________, 1974,
BETWEEN THE GOVERNMENT OF GREECE (HEREINAFTER SOMETIMES REFERRED TO AS
THE "BORROWER") AND __________, (HEREINAFTER SOMETIMES REFERRED TO AS
THE "UNDERSIGNED").
WHEREAS BY PUBLIC NOTICE (WHICH NOTICE IS INCORPORATED IN THIS
AGREEMENT AS IF FULLY SET FORTH HEREIN) THE SECRETARY OF THE TREASURY
HAS INVITED BIDS ON A LOAN IN THE AMOUNT OF $__________ TO TH BORROWER
AT THE LOWEST BASIS COST OF MONEY;
WHEREAS THE UNDERSIGNED HAS SUBMITTED A BID IN THE AMOUNT OF
$__________, FOR THE HEREINAFTER MOR FULLY DESCRIBED LOAN AT AN ANNUAL
INTEREST RATE OF _____ PERCENT PER ANNUM, PAYABLE SEMI-ANNUALLY;
NOW THEREFORE, IN CONSIDERATION OF THE PREMISES AND OF THE MUTUAL
COVENANTS HEREINAFTER SET FORTH THE PARTIES HERETO AGREE AS FOLLOWS:
SECTION 1. COMMITMENT.
1.1 SUBJECT TO THE TERMS AND CONDITIONS OF THIS LOAN AGREEMENT THE
UNDERSIGNED AGREES TO MAKE LOANS TO THE BORROWER AT ANY TIME AND FROM
TIME TO TIME FROM THE DATE OF THIS LOAN AGREEMENT TO AND INCLUDING
__________, OR SUCH EARLIER DATE AS THE ENTIRE LOAN OFFERED HEREIN BY
THE UNDERSIGNED SHALL HAVE AVAILED OF, IN AN AGGREGATE PRINCIPAL AMOUNT
UP TO THE AMOUNT OF __________ U.S. DOLLARS (U.S. $__________).
1.2 EACH BORROWING HEREUNDER SHALL BE MADE ON SUCH DATE (HEREINAFTER
REFERRED TO AS A "DISBURSEMENT DATE") AS MAY BE DESIGNATED BY THE
BORROWER UPON THREE (3) BUSINESS DAYS' WRITTEN NOTICE FROM THE BORROWER
TO THE UNDERSIGNED. THE INITIAL BORROWING HEREUNDER SHALL BE MADE PRIOR
T __________, 19__. EXCEPT FOR THE LAST BORROWING, EACH SUCH NOTICE
SHALL REQUEST A BORROWING AGGREGATING AT LEAST __________ (U.S.
$__________).
EACH NOTICE REQUESTING DISBURSEMENT (A) SHALL SPECIFY THE AMOUNT OF
THE LOAN TO BE MADE BY THE UNDERSIGNED ON THE DISBURSEMENT DATE; (B)
SHALL BE DELIVERED TO THE UNDERSIGNED AT ITS ADDRESS SET FORTH IN
SECTION 7.3 HEREOF; (C) SHALL SPECIFY THE ACCOUNT OF THE BORROWER AT
SUCH BANK TO WHICH TH PROCEEDS OF EACH LOAN ARE TO BE CREDITED; AND (D)
SHALL HAVE ANNEXED THERETO THE DOCUMENTATION SET FORTH IN EXHIBIT A
(DISBURSEMENT PROCEDURES) ANNEXED HERETO.
1.3 THE BORROWER HEREBY AGREES TO PAY TO THE UNDERSIGNED A COMMITMENT
FEE COMPUTED AT THE RATE O ONE-QUARTER OF ONE PERCENT (1/4%) PER ANNUM
ON THE DAILY AVERAGE UNUSED AMOUNT OF THE COMMITMENT FROM __________ TO
AND INCLUDING __________ (OR SUCH EARLIER DATE AS THE ENTIRE COMMITMENT
OF THE UNDERSIGNED SHALL HAVE BEEN AVAILED OF). SUCH COMMITMENT FEE
SHALL BE CALCULATED ON A 365-DAY BASI AND ACTUAL DAYS ELAPSED.
1.4 THE UNDERSIGNED MAY SELL PARTICIPATIONS IN THE LOAN TO LEGAL
ENTITIES DOING BUSINESS IN THE UNITED STATES.
1.5 AT THE TIME AT WHICH THE BORROWER SHALL SEND THE NOTICES REQUIRED
BY SECTION 1.2 ABOVE TO TH UNDERSIGNED IT SHALL DELIVER THERETO A
PROMISSORY NOTE (WHICH SHALL BE SUBSTANTIALLY IN THE FORM OF EXHIBIT B
ANNEXED HERETO (WITH THE BLANKS APPROPRIATELY FILLED IN)) EVIDENCING THE
OBLIGATION OF TH BORROWER TO REPAY THE AMOUNT OF THE LOAN FROM THE
UNDERSIGNED WITH INTEREST THEREON AS HEREINAFTER SET FORTH. UPON
REQUEST BY THE UNDERSIGNED AT ANY TIME, THE BORROWER SHALL DELIVER TO
THE UNDERSIGNED, IN PLACE OF ANY SUCH PROMISSORY NOTE, TWO OR MORE
SEPARATE PROMISSORY NOTES IN SUCH AMOUNTS, AGGREGATING NOT MORE THAN THE
AMOUNT OF THE NOTE SUCH NOTES SHALL REPLACE, AS SHALL BE SPECIFIED BY
THE UNDERSIGNED. THE PROMISSORY NOTES HEREINABOVE REFERRED TO ARE
HEREINAFTER REFERRE TO AS THE "NOTES" AND INDIVIDUALLY AS A "NOTE".
SECTION 2. REPAYMENT.
2.1 THE BORROWER HEREBY AGREES:
(A) TO PAY INTEREST ON THE OUTSTANDING BALANCE OF THE PRINCIPAL OF
THE LOANS MADE UNDER THIS LOA AGREEMENT ON A FIXED SEMI-ANNUAL BASIS,
SUCH INTEREST PAYMENTS TO BEGIN __________, 19__, AND THEREAFTER ON
__________, 19__, AND EACH __________ AND __________. FOLLOWING, UNTIL
THE ENTIRE PRINCIPAL OF THE LOANS SHALL HAVE BEEN REPAID; AND
(B) TO REPAY THE PRINCIPAL OF THE LOANS MADE UNDER THIS LOAN
AGREEMENT IN ACCORDANCE WITH THE PRINCIPAL REPAYMENT SCHEDULE SET FORTH
IN EXHIBIT C ANNEXED HERETO.
(I) IF ON ANY INSTALLMENT REPAYMENT DATE SET FORTH IN THE PRINCIPAL
REPAYMENT SCHEDULE THE BORROWER SHALL NOT HAVE AVAILED ITSELF OF THE
COMMITMENT OF THE UNDERSIGNED IN AN AGGREGATE AMOUNT (LESS REPAYMENTS
PREVIOUSLY MADE) EQUAL TO THE AGGREGATE INSTALLMENT OF PRINCIPAL WHICH
IS REPAYABL ON SUCH DATE TO THE UNDERSIGNED, THE BORROWER SHALL, ON SUCH
INSTALLMENT REPAYMENT DATE, REPAY TO THE UNDERSIGNED THE FULL AMOUNT
(LESS REPAYMENTS PREVIOUSLY MADE) TO WHICH IT HAS AVAILED ITSELF OF THE
COMMITMENT OF THE UNDERSIGNED TO SUCH DATE, TOGETHER WITH THE INTEREST
ACCRUED THEREON. IF AT ANY TIME THEREAFTER THE BORROWER SHALL AVAIL
ITSELF OF THE COMMITMENT OF THE UNDERSIGNED IN AN AMOUNT WHICH WOULD
HAVE BEEN PAYABLE ON A PRIOR INSTALLMENT REPAYMENT DATE BUT FOR THE
PROVISIONS O THE IMMEDIATELY PRECEDING SENTENCE, SUCH AMOUNT, TOGETHER
WITH INTEREST ACCRUED THEREON, SHALL BE REPAYABLE ON THE NEXT SUCCEEDING
INSTALLMENT DATE OF THE PRINCIPAL REPAYMENT SCHEDULE OCCURRING AFTER THE
DISBURSEMENT OF SUCH AMOUNT AND THE SAID AGGREGATE INSTALLMENT OF
PRINCIPAL REPAYABLE UNDER THE PRINCIPAL REPAYMENT SCHEDULE TO THE
UNDERSIGNED ON THAT DATE SHALL BE INCREASED BY SUCH AMOUNT.
(II) IF BY THE DATE SPECIFIED IN PARAGRAPH 1.1 ABOVE, THE BORROWER
SHALL NOT HAVE AVAILED ITSELF OF THE ENTIRE AMOUNT OF THE COMMITMENT,
THE INSTALLMENTS OF PRINCIPAL REPAYABLE TO THE UNDERSIGNED SET FORTH IN
THE PRINCIPAL REPAYMENT SCHEDULE SHALL BE REDUCED IN THE INVERSE ORDER
OF THE MATURITY THEREOF TO THE EXTENT OF THE UNUSED BALANCE OF THE
COMMITMENT.
2.2 THE UNDERSIGNED MAY SELL OR ASSIGN, AT ANY TIME, IN WHOLE OR IN
PART, ANY ONE OR MORE OF THE NOTES AND/OR ITS RIGHTS TO RECEIVE
REPAYMENTS.
2.3 EACH NOTE SHALL BE DATED THE DISBURSEMENT DATE OF THE LOAN WHICH
SUCH NOTE EVIDENCES AND SHALL BEAR INTEREST AT A RATE OF _____ PERCENT
(__%) PER ANNUM ON THE UNPAID PRINCIPAL AMOUNT OF SUCH NOTE UNTIL SUCH
AMOUNT SHALL BE PAID IN FULL. SUCH INTEREST ON EACH NOTE SHALL BE
PAYABLE WIT THE PRINCIPAL AS PROVIDED IN 2.1. THE NOTES SHALL BE
COMPLETED BY THE BORROWER IN SUCH A MANNER THAT REPAYMENT OF SUCH LOANS
SHALL BE MADE IN THE ORDER OF THEIR DISBURSEMENT, UTILIZING THE
PRINCIPAL REPAYMENT SCHEDULE SET FORTH IN EXHIBIT C (AS THE SAME MAY BE
ADJUSTED IN ACCORDANCE WITH SECTIONS 2.1(B)(I) AND 2.1(B)(II) HEREOF),
AND, IN DETERMINING WHETHER A PARTICULAR LOAN IS PAYABLE IN ONE OR MORE
INSTALLMENTS, UTILIZING A PARTICULAR INSTALLMENT PAYMENT DATE ONLY AFTER
THE FULL UTILIZATION OF THE NEXT PRECEDING INSTALLMENT DATE.
2.4 THE BORROWER MAY, WITH THE PRIOR WRITTEN CONSENT OF THE
UNDERSIGNED, WHICH CONSENT WILL NOT BE UNREASONABLY WITHHELD, PREPAY ANY
OF THE NOTES HELD BY THE UNDERSIGNED, IN WHOLE OR IN PART, ON ANY
PRINCIPAL REPAYMENT DATE, WITH ACCRUED INTEREST TO THE DATE OF SUCH
PREPAYMENT ON THE AMOUNT PREPAID.
2.5 WHENEVER ANY PAYMENTS HEREUNDER OR UNDER ANY NOTE SHALL BE DUE ON
A SATURDAY, SUNDAY OR PUBLIC HOLIDAY UNDER THE LAWS OF THE DISTRICT OF
COLUMBIA, SUCH PAYMENT MAY BE MADE ON THE NEXT SUCCEEDING BUSINESS DAY,
AND SUCH EXTENSION OF TIME SHALL, IN SUCH CASE, BE INCLUDED IN COMPUTING
INTEREST IN CONNECTION WITH SUCH PAYMENT, BUT EXCLUDED FROM THE NEXT
INTEREST PERIOD.
2.6 ALL PAYMENTS BY THE BORROWER TO THE UNDERSIGNED UNDER THIS LOAN
AGREEMENT AND ON THE NOTES, INCLUDING WITHOUT LIMITATION PAYMENTS OF
PRINCIPAL OF, AND INTEREST ON, THE NOTES AND PAYMENT OF AN COMMITMENT
FEES OR OTHER FEES OR EXPENSES HEREUNDER, SHALL BE PAYABLE TO THE
UNDERSIGNED AT THE ADDRESS SET FORTH IN SECTION 7.3 HEREOF IN U.S.
DOLLARS AND IN IMMEDIATELY AVAILABLE FUNDS.
SECTION 3. REPRESENTATIONS AND WARRANTIES.
THE UNDERSIGNED HAS ENTERED INTO THIS LOAN AGREEMENT AND WILL MAKE
THE LOANS PROVIDED FOR HEREIN ON THE BASIS OF THE FOLLOWING
REPRESENTATIONS AND WARRANTIES OF THE BORROWER:
3.1 THE BORROWER HAS FULL POWER, AUTHORITY AND LEGAL RIGHT TO INCUR
THE INDEBTEDNESS CONTEMPLATE IN THIS LOAN AGREEMENT ON THE TERMS AND
CONDITIONS CONTAINED HEREIN, AND TO EXECUTE, DELIVER AND PERFORM THIS
LOAN AGREEMENT AND THE NOTES;
3.2 THE EXECUTION, DELIVERY AND PERFORMANCE OF THIS LOAN AGREEMENT
AND THE NOTES WILL NOT VIOLAT ANY PROVISIONS OF AND HAVE BEEN DULY AND
VALIDLY AUTHORIZED UNDER, THE LAWS OF THE BORROWER, AND AL ACTIONS
NECESSARY TO AUTHORIZE THE BORROWINGS HEREUNDER AND THE EXECUTION,
DELIVERY AND PERFORMANCE OF THIS LOAN AGREEMENT AND THE NOTES HAVE BEEN
DULY TAKEN; AND
3.3 THIS LOAN AGREEMENT HAS BEEN, AND EACH OF THE NOTES WHEN ISSUED
WILL BE, DULY EXECUTED AND DELIVERED BY PERSONS THEREUNTO DULY
AUTHORIZED, AND THIS LOAN AGREEMENT CONSTITUTES, AND EACH OF TH NOTES
WHEN ISSUED WILL CONSTITUTE, THE VALID LEGALLY BINDING, DIRECT AND
UNCONDITIONAL GENERAL OBLIGATION OF THE BORROWER, ENFORCEABLE IN
ACCORDANCE WITH ITS RESPECTIVE TERMS.
SECTION 4. CONDITIONS OF LENDING.
4.1 THE OBLIGATION OF THE UNDERSIGNED TO MAKE THE INITIAL LOAN TO BE
MADE BY IT HEREUNDER IS SUBJECT TO THE CONDITION PRECEDENT THAT, PRIOR
TO THE FIRST DISBURSEMENT DATE, IT SHALL HAVE RECEIVED AN OPINION IN THE
ENGLISH LANGUAGE OF THE ATTORNEY GENERAL OF THE GOVERNMENT OF __________
DATED THE DATE OF THE INITIAL DISBURSEMENT DATE, TO THE SAME EFFECT AS
SECTION 3.1, 3.2, AND 3.3 HEREOF, AND TO THE FURTHER EFFECT THAT
SPECIFIED OFFICIALS OF THE BORROWER IDENTIFIED BY NAME AND TITLE IN SUCH
OPINION ARE DULY AUTHORIZED TO EXECUTE AND DELIVER THIS LOAN AGREEMENT,
THE NOTES AND SUCH OTHER DOCUMENTS AS MAY BE REQUIRED HEREUNDER ON
BEHALF OF THE BORROWER, TO ESTABLISH AND DRAW UPON AN ACCOUNT OF THE
BORROWER AT THE BANK TO WHICH ACCOUNT THE UNDERSIGNED SHALL DISBURSE THE
PROCEEDS OF ALL BORROWINGS HEREUNDER, AND TO CERTIFY TO SUCH BANK ON
BEHALF OF THE BORROWER THE IDENTITY, NAMES AND TITLES OF ANY OTHER OR
ADDITIONAL OFFICIALS OF THE BORROWER WHO THEREAFTER MAY BE SO
AUTHORIZED.
4.2 THE OBLIGATION OF THE UNDERSIGNED TO MAKE THE INITIAL LOAN TO BE
MADE BY IT HEREUNDER IS SUBJECT TO THE FURTHER CONDITIONS PRECEDENT
THAT, PRIOR TO THE FIRST DISBURSEMENT, IT SHALL HAVE RECEIVED:
(A) THE GUARANTY OF THE UNITED STATES (THE "GUARANTY"), EXECUTED BY
THE DEPARTMENT OF DEFENSE, GUARANTYING IT AGAINST ALL POLITICAL AND
CREDIT RISKS OF NONPAYMENT OF THE OBLIGATIONS OF THE BORROWER TO THE
UNDERSIGNED HEREUNDER (INCLUDING THE ENTIRE AMOUNT OF THE PRINCIPAL
LOANED BY THE UNDERSIGNED HEREUNDER AND INTEREST THEREON AT THE RATE
DETERMINED AS SPECIFIED HEREIN, BUT EXCLUDIN ANY AMOUNTS OWING FOR
COMMITMENT FEES OR OTHER FEES OR EXPENSES), UP TO A MAXIMUM AGGREGATE
LIABILITY TO THE UNDERSIGNED UNDER THE GUARANTY ON THE PART OF THE
UNITED STATES OF $__________DOLLARS (U.S. $__________), PURSUANT TO THE
FOREIGN MILITARY SALES ACT (PL 90-629) AS AMENDED (HEREINAFTER CALLED
"THE ACT"); AND
(B) AN OPINION OF THE GENERAL COUNSEL OF DOD, TO THE EFFECT THAT (I)
DOD HAS FULL POWER, AUTHORITY AND LEGAL RIGHT TO EXECUTE, DELIVER AND
PERFORM THE GUARANTY, (II) THE GUARANTY HAS BEEN EXECUTED IN ACCORDANCE
WITH AND PURSUANT TO THE TERMS AND PROVISIONS OF THE ACT AND DOD HAS
NOT, IN ISSUING THE GUARANTY, EXCEEDED THE MAXIMUM AMOUNT OF GUARANTIES
AUTHORIZED TO BE ISSUED UNDER THE ACT, (III) THE GUARANTY HAS BEEN DULY
EXECUTED AND DELIVERED BY A DULY AUTHORIZED REPRESENTATIVE OF DOD, AND
(IV) THE GUARANTY CONSTITUTES THE VALID AND LEGALLY BINDING OBLIGATION
OF THE UNITED STATES, ENFORCEABLE IN ACCORDANCE WITH THE TERMS THEREOF
AND BACKED BY THE FULL FAITH AND CREDIT OF THE UNITED STATES.
4.3 THE OBLIGATION OF THE UNDERSIGNED TO MAKE ANY LOAN TO BE MADE BY
IT HEREUNDER, INCLUDING THE INITIAL LOAN, IS SUBJECT TO THE FURTHER
CONDITIONS PRECEDENT THAT:
(A) NO EVENT OF DEFAULT WITHIN THE MEANING OF SECTION 6 OF THIS LOAN
AGREEMENT, AND NO OTHER DEFAULT WITH RESPECT TO ANY OF THE NOTES, SHALL
HAVE OCCURRED;
(B) THE UNDERSIGNED SHALL HAVE RECEIVED A NOTE OR NOTES PAYABLE TO
ITS ORDER (OR TO THE ORDER OF SUCH OTHER PERSON OR PERSONS AS THE
UNDERSIGNED MAY SPECIFY) IN THE AMOUNT OF THE PARTICULAR LOAN, EXECUTED
BY THE DULY AUTHORIZED REPRESENTATIVES OF THE BORROWER;
(C) THE UNDERSIGNED SHALL HAVE RECEIVED THE DOCUMENTATION SPECIFIED
IN EXHIBIT A ANNEXED HERETO, EXECUTED BY THE DULY AUTHORIZED
REPRESENTATIVES OF THE BORROWER; AND
(D) ALL LEGAL MATTERS INCIDENT TO THE GUARANTY AND THE TRANSACTIONS
CONTEMPLATED BY THIS LOAN AGREEMENT SHALL BE SATISFACTORY TO THE COUNSEL
OF THE UNDERSIGNED.
SECTION 5. COVENANTS.
THE BORROWER COVENANTS AND AGREES THAT FROM AND AFTER THE DATE OF
THIS LOAN AGREEMENT AND SO LONG AS ANY AMOUNTS REMAIN UNPAID ON ACCOUNT
OF THE NOTES OR OTHERWISE UNDER THIS LOAN AGREEMENT:
(A) ALL PAYMENTS ON ACCOUNT OF THE PRINCIPAL OF, AND INTEREST ON, THE
NOTES, COMMITMENT FEES AND OTHER FEES AND EXPENSES SHALL BE MADE FREE
AND CLEAR OF AND WITHOUT DEDUCTION FOR, ANY AND ALL TAXES, LEVIES,
IMPOSTS, DUTIES, FEES, CHARGES, DEDUCTIONS, WITHHOLDINGS, RESTRICTIONS
OR CONDITIONS OF ANY NATURE WHATSOEVER NOW OR HEREAFTER IMPOSED, LEVIED,
COLLECTED OR ASSESSED WITH RESPECT THERETO BY THE BORROWER OR ANY
CENTRAL OR LOCAL AUTHORITY THEREOF OR THEREIN;
(B) ANY CLAIM WHICH IT MAY NOW OR HEREAFTER HAVE AGAINST ANY PERSON,
CORPORATION, FIRM OR ASSOCIATION OR OTHER ENTITY (INCLUDING WITHOUT
LIMITATION, THE UNITED STATES, DOD, ANY BANK, ANY ASSIGNEE OF ANY BANK,
AND ANY SUPPLIER OF THE DEFENSE ITEMS) IN CONNECTION WITH ANY
TRANSACTION, FO ANY REASON WHATSOEVER, SHALL NOT AFFECT THE OBLIGATION
OF THE BORROWER TO MAKE THE PAYMENTS REQUIRE TO BE MADE TO THE
UNDERSIGNED UNDER THIS LOAN AGREEMENT, OR UNDER THE NOTES, AND SHALL NOT
BE USED OR ASSERTED AS A DEFENSE TO THE PAYMENT OF SUCH OBLIGATION OR AS
A SETOFF, COUNTERCLAIM, OR DEDUCTION AGAINST SUCH PAYMENTS;
(C) IT WILL PAY ANY AND ALL STAMP TAXES AND OTHER TAXES OF SIMILAR
CHARACTER, IF ANY, NOW OR HEREAFTER IN EFFECT, IMPOSED WITH RESPECT TO
THIS LOAN AGREEMENT OR THE NOTES (INCLUDING, WITHOUT LIMITATION, ANY
UNITED STATES INTEREST EQUALIZATION TAX OR SIMILAR FUTURE TAX), AND WILL
SAVE THE HOLDER OF ANY NOTE HARMLESS FROM ANY AND ALL LOSSES OR
LIABILITIES WITH RESPECT TO OR RESULTING FRO ANY DELAY OR OMISSION TO
PAY SUCH TAXES.
(D) ANY LEGAL ACTION OR PROCEEDING AGAINST IT BY THE UNDERSIGNED WITH
RESPECT TO THIS LOAN AGREEMENT OR THE NOTES MAY BE BROUGHT IN THE
SUPERIOR COURT OF THE DISTRICT OF COLUMBIA OR IN THE UNITED STATES
DISTRICT COURT FOR THE DISTRICT OF COLUMBIA OR IN THE COURTS OF THE
BORROWER, AS THE UNDERSIGNED MAY ELECT, AND BY EXECUTION AND DELIVERY OF
THIS LOAN AGREEMENT, THE BORROWER SUBMITS T EACH SUCH JURISDICTION. IN
THE CASE OF THE SUPERIOR COURT OF THE DISTRICT OF COLUMBIA OR OF THE
UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA, THE BORROWER
CONSENTS TO THE SERVICE OF PROCESS OUT OF SAID COURTS BY MAILING COPIES
OF SUCH PROCESS BY REGISTERED UNITED STATES MAIL, POSTAGE PAID, TO IT AT
ITS ADDRESS SET FORTH IN SECTION 7.3 HEREOF; AND
(E) ALL LOANS MADE HEREUNDER SHALL BE UTILIZED SOLELY FOR THE
PROCUREMENT OF THE DEFENSE ITEMS PURSUANT TO PURCHASE ARRANGEMENTS
AUTHORIZED BY DOD.
SECTION 6. DEFAULTS.
UPON THE OCCURRENCE OF ANY OF THE FOLLOWING EVENTS OR DEFAULT:
(A) IF THE BORROWER FAILS FOR A PERIOD OF TEN (10) DAYS TO MAKE ANY
PAYMENT OF PRINCIPAL OF, OR INTEREST ON, ANY NOTE OR OF ANY COMMITMENT
FEE HEREUNDER, WHEN DUE; OR
(B) IF ANY REPRESENTATION OR WARRANTY MADE BY THE BORROWER HEREIN OR
IN ANY CERTIFICATE FURNISHE BY THE BORROWER PURSUANT HERETO, PROVES TO
BE AT ANY TIME INCORRECT IN ANY MATERIAL RESPECT; OR
(C) IF THE BORROWER DEFAULTS IN THE PERFORMANCE OF ANY OTHER TERM,
COVENANT OR AGREEMENT CONTAINED IN THIS LOAN AGREEMENT, AND SUCH DEFAULT
SHALL CONTINUE UNREMEDIED FOR THIRTY (30) DAYS AFTER WRITTEN NOTICE
THEREOF SHALL HAVE BEEN GIVEN TO THE BORROWER BY THE UNDERSIGNED;
THEN, AND IN ANY SUCH EVENT, THE HOLDER OF ANY NOTE MAY DECLARE
IMMEDIATELY DUE AND PAYABLE THE UNPAID PRINCIPAL OF, AND ACCRUED
INTEREST ON, ALL NOTES HELD BY SUCH HOLDER AND SUCH AMOUNTS SHALL BECOME
IMMEDIATELY DUE AND PAYABLE WITHOUT PROTEST, PRESENTMENT, NOTICE OR
OTHER DEMAND OF ANY KIND ALL OF WHICH ARE HEREBY EXPRESSLY WAIVED BY THE
BORROWER, AND THE UNDERSIGNED MAY TERMINATE ITS COMMITMENT HEREUNDER.
SECTION 7. MISCELLANEOUS.
7.1 UPON THE EXECUTION OF THIS LOAN AGREEMENT, THE BORROWER SHALL PAY
TO THE UNDERSIGNED THE AGGREGATE SUM OF $__________ IN PAYMENT OF THE
FEE CHARGED BY DOD WITH RESPECT TO THE GUARANTY.
7.2 NO FAILURE TO EXERCISE AND NO DELAY IN EXERCISING ON THE PART OF
THE UNDERSIGNED, ANY RIGHT, POWER OR PRIVILEGE HEREUNDER SHALL OPERATE
AS A WAIVER THEREOF, NOR SHALL ANY SINGLE OR PARTIAL EXERCISE OF ANY
RIGHT, POWER OR PRIVILEGE PRECLUDE ANY OTHER OR FURTHER EXERCISE
THEREOF, OR THE EXERCISE OF ANY OTHER POWER OR RIGHT. THE RIGHTS AND
REMEDIES HEREIN PROVIDED ARE CUMULATIVE AND NOT EXCLUSIVE OF ANY RIGHTS
OR REMEDIES PROVIDED IN THIS LOAN AGREEMENT.
7.3 EXCEPT AS OTHERWISE PROVIDED IN THIS LOAN AGREEMENT, ALL NOTICES,
REQUESTS OR DEMANDS HEREUNDER SHALL BE DEEMED TO HAVE BEEN GIVEN OR MADE
UPON THE MAILING OF THE SAME BY AIR MAIL, POSTAGE PREPAID, OR IN THE
CASE OF TELEGRAPHIC NOTICE, ON DELIVERY TO THE TELEGRAPH COMPANY,
ADDRESSED IN THE CASE OF THE BORROWER TO THE EMBASSY OF THE GOVERNMENT
OF __________, IN WASHINGTON D.C., AND IN THE CASE OF THE UNDERSIGNED TO
__________ OR TO SUCH OTHER ADDRESSES AS ANY PARTY MAY FROM TIME TO TIME
HEREAFTER DESIGNATE IN WRITING TO THE OTHER.
7.4 THIS LOAN AGREEMENT AND THE NOTES SHALL BE CONSTRUED AND
INTERPRETED IN ACCORDANCE WITH THE LAWS OF THE DISTRICT OF COLUMBIA,
UNITED STATES OF AMERICA, UNLESS PRIOR TO THE EXECUTION OF THIS LOAN
AGREEMENT AND THE NOTES THE PARTIES HERETO HAVE BY WRITTEN STIPULATION
AGREED THAT THE LAWS OF ANOTHER JURISDICTION OF THE UNITED STATES SHALL
BE APPLIED.
7.5 THIS LOAN AGREEMENT SHALL BE BINDING UPON AND INURE TO THE
BENEFIT OF THE BORROWER AND THE UNDERSIGNED AND THEIR RESPECTIVE
SUCCESSORS AND ASSIGNS, EXCEPT THAT THE BORROWER MAY NOT ASSIGN IT
RIGHTS HEREUNDER WITHOUT THE PRIOR WRITTEN CONSENT OF THE UNDERSIGNED.
ALL AGREEMENTS, COVENANTS, REPRESENTATIONS AND WARRANTIES MADE HEREIN
SHALL SURVIVE THE DELIVERY OF THE NOTES AND THE MAKING O THE LOANS
HEREUNDER.
7.6 THIS LOAN AGREEMENT MAY BE EXECUTED IN ANY NUMBER OF
COUNTERPARTS, EACH OF WHICH WHEN SO EXECUTED AND DELIVERED SHALL BE AN
ORIGINAL, BUT ALL THE COUNTERPARTS SHALL TOGETHER CONSTITUTE A SINGLE
INSTRUMENT. EXHIBITS A, B AND C ATTACHED HERETO ARE, BY THIS REFERENCE,
MADE A PART OF THIS LOAN AGREEMENT.
7.7 IN CASE ANY ONE OR MORE OF THE PROVISIONS CONTAINED IN THIS LOAN
AGREEMENT OR IN ANY OF THE NOTES SHOULD BE INVALID, ILLEGAL OR
UNENFORCEABLE IN ANY RESPECT, THE VALIDITY, LEGALITY AND ENFORCEABILITY
OF THE REMAINING PROVISIONS CONTAINED HEREIN AND THEREIN SHALL NOT IN
ANY WAY BE AFFECTED OR IMPAIRED THEREBY.
IN WITNESS WHEREOF, THE PARTIES HERETO HAVE CAUSED THIS LOAN
AGREEMENT TO BE EXECUTED AND SEALED BY THEIR DULY AUTHORIZED OFFICERS
AND REPRESENTATIVES ON THE DAY AND YEAR FIRST ABOVE WRITTEN.
(SEAL)
EXHIBIT A
DISBURSEMENT PROCEDURES
THE FOLLOWING PROCEDURES AND CONDITIONS SHALL BE COMPLIED WITH PRIOR
TO EACH DISBURSEMENT TO BE MADE BY THE UNDERSIGNED TO THE BORROWER:
1. THE DESIGNATED REPRESENTATIVE OF THE GOVERNMENT OF __________
SHALL EXECUTE AND DELIVER EACH REQUEST FOR DISBURSEMENT TO THE
UNDERSIGNED AT ITS ADDRESS SET FORTH IN SECTION 7.3 OF THE FOREGOIN LOAN
AGREEMENT.
2. EACH REQUEST SHALL BE ACCOMPANIED BY A COPY OF THE WRITTEN
COMMUNICATION FROM DOD AUTHORIZING THE BORROWER TO ENTER INTO THE
PURCHASE ARRANGEMENT(S) PURSUANT TO WHICH THE DISBURSEMENT IS REQUESTED.
3. EACH REQUEST ALSO SHALL BE ACCOMPANIED BY A CERTIFICATION OF THE
BORROWER AS FOLLOWS:
THE GOVERNMENT OF __________ CONFIRMS THAT THE PROCEEDS OF THIS
DISBURSEMENT WILL BE APPLIED ENTIRELY TO THE PAYMENT OF AMOUNTS THAT
HAVE BECOME PROPERLY DUE PURSUANT TO THE PURCHASE ARRANGEMENT(S)
AUTHORIZED BY THE DEPARTMENT OF DEFENSE OF THE UNITED STATES OF AMERICA
IN THE ATTACHED WRITTEN COMMUNICATION. THIS DISBURSEMENT IS REQUESTED
BY THE GOVERNMENT OF __________ PURSUANT TO THE TERMS OF THE LOAN
AGREEMENT OF __________ BETWEEN THE GOVERNMENT OF __________ AND THE
UNDERSIGNED, AND CONFIRMS THAT THE SAID PURCHASE ARRANGEMENT(S)
(WAS/WERE) AUTHORIZED BY THE DEPARTMENT OF DEFENSE OF THE UNITED STATES
OF AMERICA PURSUANT TO THE AFORESAID LOAN AGREEMENT. TH GOVERNMENT OF
__________ FURTHER CONFIRMS THAT THE UNDERSIGNED TO WHICH THIS
CERTIFICATION IS ADDRESSED IS AUTHORIZED TO MAKE THIS DISBURSEMENT BY
CREDITING THE AMOUNT THEREOF TO ACCOUNT NUMBER __________, AT SUCH BANK,
AND THAT __________, WHOSE SIGNATURE APPEARS BELOW, IS (AND, UNTIL
FURTHE WRITTEN NOTICE, SHALL CONTINUE TO BE) AUTHORIZED TO DRAW UPON
SUCH ACCOUNT ON BEHALF OF THE GOVERNMENT OF __________
SIGNATURE OF THE REPRESENTATIVE OF THE GOVERNMENT OF __________ WHO
IS AUTHORIZED TO DRAW UPON IT ACCOUNT:
__________
GOVERNMENT OF __________
BY (NAME AND TITLE TYPED)
EXHIBIT B, B-2 AND B-3.
PROMISSORY NOTE
U.S. $__________
FOR VALUE RECEIVED, THE UNDERSIGNED, THE GOVERNMENT OF __________,
HEREBY PROMISES TO PAY TO THE ORDER OF __________, OR ITS ASSIGNS, THE
PRINCIPAL SUM OF __________ UNITED STATES DOLLARS (U.S. $ __________) AS
FOLLOWS:
TOGETHER WITH INTEREST ON ANY AND ALL AMOUNTS REMAINING UNPAID
HEREUNDER FROM TIME TO TIME FROM THE DATE HEREOF UNTIL THIS NOTE SHALL
BE PAID IN FULL, PAYABLE SEMIANNUALLY ON __________ AND __________ OF
EACH YEAR FROM THE DATE HEREOF, COMMENCING __________, 197_, AT THE RATE
OF _____ PERCENT (_____%), PER ANNUM. SUCH INTEREST SHALL BE CALCULATED
USING A 365-DAY FACTOR, BOTH PRINCIPAL AND INTEREST TO BE PAYABLE IN
IMMEDIATELY AVAILABLE FUNDS IN LAWFUL MONEY OF THE UNITED STATES OF
AMERICA AT THE OFFICE OF THE PAYEE AT __________, OR AT THE PRINCIPAL
PLACE OF BUSINESS O THE ASSIGNEE. ALL PAYMENTS MADE ON ACCOUNT OF THE
PRINCIPAL AMOUNT HEREUNDER SHALL BE ENDORSED BY THE PAYEE, OR ITS
ASSIGNS, ON THE REVERSE SIDE OF THIS NOTE.
WHENEVER ANY PAYMENT TO BE MADE SHALL BE DUE ON A SATURDAY, SUNDAY,
OR A PUBLIC HOLIDAY UNDER THE LAWS OF THE DISTRICT OF COLUMBIA, SUCH
PAYMENT SHALL BE MADE ON THE NEXT SUCCEEDING BUSINESS DAY, AND SUCH
EXTENSION OF TIME SHALL IN SUCH CASE BE INCLUDED IN COMPUTING INTEREST
IN CONNECTION WITH SUCH PAYMENT, BUT EXCLUDED FROM THE NEXT INTEREST
PERIOD.
THIS NOTE IS ONE OF THE NOTES REFERRED TO IN THE LOAN AGREEMENT DATED
__________, 197__, BETWEEN THE GOVERNMENT OF __________ AND __________.
IT IS ENTITLED TO THE BENEFITS OF AND MAY BE PREPAID ON THE TERMS AND
CONDITIONS SPECIFIED IN SAID LOAN AGREEMENT. PREPAYMENTS SHALL BE
APPLIED TO THE INSTALLMENTS HEREOF IN THE INVERSE ORDER OF THEIR
MATURITY.
ALL PAYMENTS OF PRINCIPAL OF, AND INTEREST ON, THIS NOTE ARE PAYABLE
FREE AND CLEAR OF, AND WITHOUT DEDUCTION FOR, ANY TAXES, LEVIES,
IMPOSTS, DUTIES, FEES, CHARGES, DEDUCTIONS, WITHHOLDINGS, RESTRICTIONS
OR CONDITIONS OF ANY NATURE WHATSOEVER NOW OR HEREAFTER IMPOSED, LEVIED,
COLLECTED OR ASSESSED WITH RESPECT THERETO BY THE GOVERNMENT OF
__________ OR ANY CENTRAL OR LOCAL AUTHORITY THEREOF OR THEREIN.
UPON THE OCCURRENCE OF ANY EVENT OF DEFAULT SPECIFIED IN SAID LOAN
AGREEMENT, THE ENTIRE UNPAID PRINCIPAL HEREOF AND INTEREST HEREON TO THE
DATE OF PAYMENT MAY BE DECLARED TO BE FORTHWITH DUE AND PAYABLE AS
PROVIDED IN SAID LOAN AGREEMENT. THE GOVERNMENT OF __________ PROMISES
TO PAY ALL OUT-OF-POCKET COSTS AND EXPENSES (INCLUDING THE REASONABLE
FEES AND OUT-OF-POCKET ESPENSES OF COUNSEL) IN CONNECTION WITH
COLLECTION AFTER DEFAULT OF THIS NOTE.
GOVERNMENT OF
BY (NAME AND TITLE TYPED)
SEAL
EXHIBIT C
PRINCIPAL REPAYMENT SCHEDULE
THE FIRST $3,125,000 OF DISBURSEMENTS ARE REPAYABLE ON 1 JUL 1976
THE NEXT $3,125,000 OF DISBURSEMENTS ARE REPAYABLE ON 1 JAN 1977
THE NEXT $3,125,000 OF DISBURSEMENTS ARE REPAYABLE ON 1 JUL 1977
THE NEXT $3,125,000 OF DISBURSEMENTS ARE REPAYABLE ON 1 JAN 1978
THE NEXT $3,125,000 OF DISBURSEMENTS ARE REPAYABLE ON 1 JUL 1978
THE NEXT $3,125,000 OF DISBURSEMENTS ARE REPAYABLE ON 1 JAN 1979
THE NEXT $3,125,000 OF DISBURSEMENTS ARE REPAYABLE ON 1 JUL 1979
THE LAST $3,125,000 OF DISBURSEMENTS ARE REPAYABLE ON 1 JAN 1980
GREECE 13 FEB 1974 FLITE DOCUMENT NO. 7502421
MEMORANDUM OF AGREEMENT
A MUTUAL EXCHANGE OF MILITARY PERSONNEL BETWEEN THE TWO SERVICES
MEMORANDUM OF AGREEMENT ON THE EXCHANGE OF MILITARY PERSONNEL BETWEEN
THE UNITED STATES NAVY AND THE HELLENIC NAVY, AND ON THE GENERAL
CONDITIONS WHICH WILL APPLY TO THE EXCHANGE OF SUCH PERSONNEL
1. THE UNITED STATES NAVY/HELLENIC NAVY PERSONNEL EXCHANGE PROGRAM
HAS BEEN ESTABLISHED FOR THE PRUPOSE OF PROVIDING A SYSTEM OF MUTUAL
EXCHANGE OF MILITARY PERSONNEL BETWEEN THE TWO SERVICES. I IS DESIGNED
TO ESTABLISH AN ACTIVE RELATIONSHIP BETWEEN THE U.S. NAVY AND THE
HELLENIC NAVY BY WHIC THE EXPERIENCE, PROFESSIONAL KNOWLEDGE AND
DOCTRINE OF BOTH SERVICES ARE SHARED TO THE MAXIMUM EXTENT PERMISSIBLE
UNDER EXISTING POLICIES OF THE UNITED STATES AND GREECE.
2. SELECTION CRITERIA: OFFICERS SELECTED FOR EXCHANGE DUTY SHALL BE
THOSE WHO HAVE DEMONSTRATED CAPABILITIES FOR FUTURE HIGHER COMMAND AND
STAFF POSITIONS, WHO ARE WELL VERSED IN THE PRACTICES AN DOCTRINES OF
THEIR SERVICE, AND ARE PARTICULARLY QUALIFIED THROUGH EXPERIENCE FOR THE
EXCHANGE POSITION WHICH THEY WILL FILL. ENLISTED PERSONNEL (NCO)
SELECTED FOR EXCHANGE DUTY SHALL BE THOSE WHO HAVE DEMONSTRATED SUPERIOR
PROFESSIONAL PERFORMANCE AND LEADERSHIP IN THEIR RESPECTIVE RATES, AND
ARE PARTICULARLY QUALIFIED THROUGH EXPERIENCE FOR THE EXCHANGE POSITION
WHICH THEY WILL FILL.
3. TOUR OF DUTY: THE NORMAL TOUR OF DUTY FOR U.S. NAVY EXCHANGE
OFFICERS AND ENLISTED PERSONNEL (NCO), EXCLUSIVE OF TRAVEL TIME BETWEEN
COUNTRIES, WILL BE FOR A PERIOD OF TWO YEARS. THE NORMAL TOUR OF DUTY
FOR HELLENIC NAVY EXCHANGE OFFICERS AND ENLISTED PERSONNEL (NCO),
EXCLUSIVE OF TRAVEL TIME BETWEEN COUNTRIES, WILL BE FOR A PERIOD OF ONE
YEAR. ANY TIME REQUIRED FOR A FORMAL COURSE OF INSTRUCTION WILL BE IN
ADDITION TO THE NORMAL TOUR. EXCEPTIONS AND/OR ADJUSTMENTS OF MILITARY
PERSONNEL'S TOUR WILL BE BASED ON MUTUAL AGREEMENT BETWEEN THE
PARTICIPATING SERVICES.
4. NUMBER OF MILITARY PERSONNEL TO BE EXCHANGED: THE NUMBER OF
OFFICERS AND ENLISTED PERSONNEL (NCO) TO BE EXCHANGED AT ANY ONE TIME
SHALL BE AS AGREED BETWEEN THE CHIEF OF NAVAL OPERATIONS AND THE
HELLENIC NAVY.
5. DUTIES: EXCHANGE PERSONNEL WILL BE ASSIGNED DUTIES BY THE HOST
SERVICE WHICH ARE AGREEABLE T THE PARENT SERVICE. SUCH PERSONNEL SHOULD
FUNCTION FULLY AS A MEMBER OF THE UNIT TO WHICH THEY ARE ASSIGNED. THE
HOST SERVICE, HOWEVER, WILL UNDERTAKE NOT TO PLACE EXCHANGE PERSONNEL IN
DUTY ASSIGNMENTS IN WHICH DIRECT HOSTILITIES WITH FORCES OF THIRD STATES
ARE LIKELY. SHOULD HOSTILITIES OCCUR UNEXPECTEDLY, INVOLVING A UNIT TO
WHICH EXCHANGE PERSONNEL ARE ASSIGNED, SUCH PERSONNEL SHOUL NOT BE
EMPLOYED IN THE ACTIVE OPERATIONS OF THE HOSTILITIES WITHOUT PRIOR
APPROVAL FROM THE PARENT SERVICE, EXCEPT IN EXTRAORDINARY CIRCUMSTANCES
IN WHICH COMMUNICATION CANNOT BE REASONABLY ESTABLISHED WITH THE PARENT
SERVICE AND THE EXCHANGE PERSONNEL ARE CONSIDERED ESSENTIAL IN THE
OPERATION OF THE UNIT EMPLOYED. IN THE LATTER EXTRAORDINARY
CIRCUMSTANCE, THE HOST SERVICE WILL MAKE EVERY EFFORT TO REMOVE EXCHANGE
PERSONNEL FROM ACTIVE PARTICIPATION IN THE HOSTILITIES OF THE UNIT.
6. ADMINISTRATION AND CONTROL: EXCHANGE PERSONNEL WILL BE
ADMINISTERED AND CONTROLLED AS PRESCRIBED BY THE PARENT SERVICES:
A. U.S. NAVY PERSONNEL ON EXCHANGE DUTY WITH THE HELLENIC NAVY WILL
BE UNDER THE ADMINISTRATION AND CONTROL OF THE COMMANDING OFFICER, FLEET
SUPPORT OFFICE, ATHENS OR THE OFFICER IN CHARGE OF THE NAVY DETACHMENT
AT SOUDA BAY.
B. HELLENIC NAVY PERSONNEL ON EXCHANGE DUTY WITH THE U.S. NAVY WILL
BE UNDER THE ADMINISTRATION AND CONTROL OF THE NAVAL ATTACHE IN
WASHINGTON, D.C., U.S.A.
7. DISCIPLINE: EXCHANGE PERSONNEL WILL COMPLY WITH THE REGULATIONS,
ORDERS, INSTRUCTIONS, AND CUSTOMS OF THE HOST SERVICE INSOFAR AS THEY
ARE APPLICABLE. EXCHANGE PERSONNEL ARE SUBJECT TO THE COMMANDS OF
OFFICERS SENIOR TO THEM IN RANK IN THE HOST SERVICE. PERSONNEL
COMMITTING AN OFFENSE UNDER THE LAWS OF EITHER THE PARENT OR THE HOST
SERVICE MAY BE WITHDRAWN FROM THE EXCHANGE PROGRAM WITH A VIEW TOWARD
FURTHER ADMINISTRATIVE OR DISCIPLINARY ACTION TAKEN BY THE PARENT
SERVICE WHEN CONSIDERED NECESSARY. DISCIPLINARY ACTION, HOWEVER, SHALL
NOT BE TAKEN BY THE HOST SERVICE AGAINST EXCHANGE PERSONNEL. THE
RESPECTIVE SERVICES SHALL COOPERATE IN THE CARRYING-OUT OF
ADMINISTRATIVE OR DISCIPLINARY ACTION AGAINST THE OFFENDER BY THE PARENT
SERVICE.
8. PROFESSIONAL PROFICIENCIES: THE HOST SERVICE WILL PROVIDE
NECESSARY TRAINING FACILITIES WHEREVER PRACTICABLE SO THAT THE EXCHANGE
PERSONNEL MAY MAINTAIN THEIR PROFESSIONAL PROFICIENCIES I ACCORDANCE
WITH THE REGULATIONS OF THEIR PARENT SERVICE.
9. LEAVE: EXCHANGE PERSONNEL MAY BE GRANTED LEAVE IN ACCORDANCE
WITH THE REGULATIONS OF THE PARENT SERVICES, PROVIDED SUCH LEAVE IS ALSO
APPROVED BY THE PROPER AUTHORITIES OF THE HOST SERVICE
10. UNIFORM: EXCHANGE PERSONNEL ARE TO COMPLY WITH THE DRESS
REGULATIONS OF THEIR SERVICE AND THE ORDER OF DRESS FOR ANY OCCASION IS
TO BE THAT WHICH MOST NEARLY CONFORMS TO THE ORDER OF DRESS OF THE
PARTICULAR UNIT WITH WHICH THEY ARE SERVING. LOCAL COMMANDING OFFICERS
WILL NOT ISSUE INSTRUCTIONS TO EXCHANGE PERSONNEL WHICH CANNOT BE
COMPLIED WITH BY REASON OF DIFFERENCES IN DRESS REGULATIONS. CUSTOMS OF
THE HOST SERVICE WILL BE OBSERVED WITH RESPECT TO THE WEARING OF
CIVILIAN CLOTHES.
11. MESSING AND QUARTERS: THE HOST SERVICE MAY PROVIDE MESSING
FACILITIES AND FAMILY-TYPE OR SINGLE QUARTERS FOR EXCHANGE PERSONNEL, IF
AVAILABLE, AND ON THE SAME BASIS AND TO THE SAME EXTENT THAT IT PROVIDES
QUARTERS FOR ITS OWN PERSONNEL.
12. STATUS: THE STATUS OF EXCHANGE PERSONNEL AND THEIR DEPENDENTS
DURING THE PERIOD OF THE MILITARY MEMBERS SERVICE IN THE PERSONNEL
EXCHANGE PROGRAM SHALL BE AS DEFINED IN:
A. AGREEMENT BETWEEN THE PARTIES OF THE NORTH ATLANTIC TREATY
REGARDING THE STATUS OF THEIR FORCES, DATED JUNE 19, 1951;
B. AND AS REGARDS U.S. PERSONNEL, BILATERAL AGREEMENTS BETWEEN THE
UNITED STATES OF AMERICA AND THE REPUBLIC OF GREECE CONCERNING THE
STATUS OF U.S. MILITARY FORCES STATIONED OR HOMEPORTED IN GREECE.
13. REPORTS: PERIODIC OR OTHER REPORTS WHICH EXCHANGE PERSONNEL MAY
BE REQUIRED TO MAKE BY THEI OWN SERVICE OR WHICH THEY WISH TO MAKE
CONCERNING THEIR EXCHANGE DUTIES WILL BE SUBMITTED AS FOLLOWS:
A. U.S. NAVY EXCHANGE PERSONNEL WILL FORWARD THEIR REPORTS, BY
APPROPRIATE SERVICE CHANNELS, THROUGH THEIR HELLENIC NAVY COMMANDING
OFFICER AND THE ASSIGNED ADMINISTRATIVE COMMAND TO THE CNO (OP-01B).
B. HELLENIC NAVY EXCHANGE PERSONNEL WILL FORWARD THEIR REPORTS, BY
APPROPRIATE SERVICE CHANNELS, THROUGH THEIR U.S. NAVY COMMANDING OFFICER
AND THE HELLENIC NAVAL ATTACHE IN WASHINGTON, D.C., USA TO THE HELLENIC
NAVY COMMAND IN ATHENS.
14. FINANCIAL ARRANGEMENTS: THE U.S. NAVY AND THE HELLENIC NAVY
HAVE ESTABLISHED THE FOLLOWING MUTUAL AGREEMENTS RELATIVE TO FINANCIAL
ARRANGEMENTS OF THE U.S. NAVY/HELLENIC NAVY PERSONNEL EXCHANGE PROGRAM:
A. THE PARENT GOVERNMENT WILL ASSUME RESPONSIBILITY FOR THE FOLLOWING
COMPENSATIONS AND EXPENSES WITH RESPECT TO EXCHANGE PERSONNEL:
(I) PAY AND NORMAL ALLOWANCES INCLUDING COMMUTATION OF QUARTERS,
STATION OR OTHER LOCATION ALLOWANCES WHERE AUTHORIZED, AND SUBSISTENCE;
(II) TRAVEL ALLOWANCES AND RELATED EXPENSES PAYABLE TO THE MEMBER
(INCLUDING THE COST OF TRANSPORTATION PAID BY THE MEMBER) WHEN TEMPORARY
ADDITIONAL DUTY IS DIRECTED BY THE HOST GOVERNMENT;
(III) COMPENSATION FOR LOSS OF OR DAMAGE TO UNIFORMS, PERSONAL
EQUIPMENT, ETC., OF EXCHANGE PERSONNEL;
(IV) MEDICAL AND DENTAL TREATMENT OTHER THAN THAT COVERED BY B(II)
BELOW;
(V) BURIAL AND OTHER EXPENSES INCIDENT TO DEATH OF EXCHANGE
PERSONNEL;
(VI) EXPENDITURES IN CONNECTION WITH ANY SPECIAL DUTY PERFORMED ON
BEHALF OF THE PARENT GOVERNMENT DURING THE PERIOD OF EXCHANGE.
B. EXCEPT FOR EXPENDITURES COVERED IN (A) ABOVE, THE HOST GOVERNMENT
WILL PROVIDE THE FOLLOWING SERVICE, AND ASSUME CHARGES THEREFOR, IN
ACCORDANCE WITH THE REGULATIONS OF THAT GOVERNMENT:
(I) CONVEYANCE IN SERVICE AIRCRAFT, VEHICLES AND MARINE CRAFT, WHEN
TRAVEL PERFORMED IS IN THE INTEREST OF THE HOST SERVICE;
(II) MEDICAL AND DENTAL TREATMENT (EXCLUDING THE PROVISION OF
DENTURES) AVAILABLE AT SERVICE HOSPITALS AND OTHER SERVICE UNITS; AND
(III) FACILITIES TO MAINTAIN PROFESSIONAL PROFICIENCIES.
C. THE RIGHT OF INDIVIDUAL PERSONNEL TO COMPENSATION FOR EXPENSES
INCURRED WHILE ON EXCHANGE ASSIGNMENTS WILL BE IN ACCORDANCE WITH THE
REGULATIONS OF THE PARENT GOVERNMENT.
D. EXPENSES IN CONNECTION WITH THE FAMILIES OF PERSONNEL EXCHANGED
WILL BE BORNE BY THE GOVERNMENT LIABLE FOR THE CORRESPONDING COSTS IN
THE CASE OF THE PERSONNEL AND WILL BE IN ACCORDANC WITH THE REGULATIONS
OF THAT GOVERNMENT.
NOTE: THE HOST GOVERNMENT (EXCEPT AS SPECIALLY PROVIDED IN PARA
14A(VI)) WILL BE LIABLE DURING THE PERIOD OF EXCHANGE FOR COST OF
TRANSPORT WHILE ON DUTY, PROVIDED THAT SUCH COST OF TRANSPORTATION DOES
NOT INVOLVE A CASH REIMBURSEMENT TO THE MEMBER. TRAVEL ALLOWANCES AND
EXPENSES INCLUDING CASH REIMBURSEMENTS TO THE MEMBER FOR THE COST OF
PERSONALLY PROCURED TRANSPORTATION, REMAIN THE LIABILITY OF THE PARENT
GOVERNMENT.
FOR THE HELLENIC NAVY:
SIGNED
V. ADM. PETROS ARAPAKIS
CHIEF, HELLENIC NAVY
FOR THE UNITED STATES NAVY:
SIGNED
E. R. ZUMWALT, JR.
ADM, U.S. NAVY
CHIEF OF NAVAL OPERATIONS
FEB 13 1974
GERMANY, FEDERAL REPUBLIC OF 11 FEB 1975 FLITE DOCUMENT NO. 7502420
AGREEMENT
TRAINING OF BUNDESWEHR PILOTS ON THE F-104G WEAPONS SYSTEM IN THE
UNITED STATES (LUKE AGREEMENT)
AGREEMENT BETWEEN THE FEDERAL MINISTER OF DEFENSE OF THE FEDERAL
REPUBLIC OF GERMANY AND THE UNITED STATES OF AMERICA ON THE TRAINING OF
BUNDESWEHR PILOTS ON THE F-104G WEAPONS SYSTEM IN THE UNITED STATES
(LUKE AGREEMENT)
PREAMBLE
PURSUANT TO THE MUTUAL DEFENSE ASSISTANCE AGREEMENT SIGNED ON 30 JUNE
1955 BETWEEN THE GOVERNMENT OF THE UNITED STATES OF AMERICA AND THE
GOVERNMENT OF THE FEDERAL REPUBLIC OF GERMANY AND TO THE ARRANGEMENTS
MADE IN EXECUTION OF THAT AGREEMENT THROUGH EXCHANGE OF NOTES THE UNITED
STATES AIR FORCE (USAF) WILL CONDUCT, UNDER THE CONDITIONS SET FORTH
HEREAFTER, TRAINING OF BUNDESWEHR PILOTS ON THE F-104G WEAPONS SYSTEM IN
THE UNITED STATES.
ARTICLE 1
(1) THE USAF UNDERTAKES TO TRAIN BUNDESWEHR PILOTS ON THE F-104G
WEAPONS SYSTEM IN ACCORDANCE WITH THE PROVISIONS OF ANNEX 1 TO THIS
AGREEMENT.
(2) THE USAF WILL:
A. PROVIDE INSTRUCTOR PILOTS (IPS) AND SUPERVISORY PERSONNEL,
REQUIRED IN ADDITION TO THE GERMAN PERSONNEL LISTED IN ARTICLE 2, AND
MAINTENANCE AND OPERATING PERSONNEL. THE INSTRUCTOR PILOTS WILL MEET
THE SELECTION CRITERIA ESTABLISHED BY TACTICAL AIR COMMAND (TAC) FOR
COMBAT CREW TRAINING (CCT INSTRUCTOR PILOTS IN ACCORDANCE WITH TACTICAL
AIR COMMAND MANUAL (TACM) 51-5, VOLUME II. THEY WILL NORMALLY BE
ASSIGNED THIS DUTY FOR A PERIOD OF AT LEAST 4 YEARS.
B. PROVIDE COMPLETE TRAINING FACILITIES.
C. ENTER INTO SUCH CONTRACTS AS MAY BE REQUIRED TO PROVIDE TRAINING,
MAINTENANCE, AND OPERATING SERVICES IN ACCORDANCE WITH DOD AND USAF
DIRECTIVES AND UNDER THE SAME STANDARDS AS FOR THE USAF.
D. PROVIDE THE FOLLOWING SERVICES TO BUNDESWEHR TRAINING CADRE
PERSONNEL:
(I) PROVIDE ADEQUATE OFFICE SPACE AND OFFICE EQUIPMENT (EXCEPT
EXPENDABLE ITEMS).
(II) PROVIDE, TO THE EXTENT AVAILABLE, ON-BASE QUARTERS IN THE SAME
MANNER AND UNDER THE SAME RULES OF PROCEDURE AS APPLIED TO USAF
COMMISSIONED AND ENLISTED PERSONNEL OF COMPARABLE RANK; IF SUFFICIENT
ON-BASE HOUSING IS NOT AVAILABLE, THE USAF WILL PROVIDE ASSISTANCE TO
GERMAN TRAINING CADRE PERSONNEL IN LOCATING OFF-BASE HOUSING.
(III) MEDICAL AND DENTAL CARE, INCLUDING DEPENDENTS OF GERMAN
PERSONNEL, ON THE SAME BASIS AS THIS SERVICE IS PROVIDED FOR USAF
COMMISSIONED AND ENLISTED PERSONNEL OF COMPARABLE RANK.
(IV) TRANSFER TO OR BETWEEN MEDICAL FACILITIES, OR EVACUATION
TRANSPORTATION TO GERMANY, IF BUNDESWEHR TRANSPORTATION IS NOT
AVAILABLE.
(V) USE OF COMMISSARIES AND NONAPPROPRIATED FUND ACTIVITIES, ALSO BY
DEPENDENTS OF GERMAN PERSONNEL, UNDER THE CONDITIONS APPLICABLE TO USAF
COMMISSIONED AND ENLISTED PERSONNEL OF COMPARABL RANK.
ARTICLE 2
(1) THE BUNDESWEHR WILL PROVIDE:
A. ON A LOAN BASIS AT NO COST TO THE USAF, THE REQUIRED NUMBER OF
AIRCRAFT, INCLUDING ACCESSORIES,
- FOR TRAINING AND ON-BASE MAINTENANCE;
- FOR OFF-BASE MAINTENANCE;
- AS REPLACEMENT IN THE CASE OF WEAR AND TEAR.
B. F/TF-104G AEROSPACE GROUND EQUIPMENT (AGE), TEST EQUIPMENT AND
TECHNICAL DATA AS AGREED.
C. OTHER ITEMS FOR DIRECT SUPPORT OF THIS TRAINING AS AGREED.
D. THE FOLLOWING QUALIFIED CADRE PERSONNEL:
(I) ONE SQUADRON COMMANDER (L/C) WHO WILL PERFORM DUTIES UNDER THE
INSTRUCTOR FLYING TRAINING PROGRAM.
(II) NOT MORE THAN TEN OFFICERS, INCLUDING THE SQUADRON COMMANDER, AS
IPS FOR THE GERMAN STUDENTS, WHOSE TOUR OF DUTY WILL NORMALLY LAST AT
LEAST FOUR YEARS AND WHO WILL HAVE THE FOLLOWING QUALIFICATIONS:
- A TOTAL OF 1,200 HOURS OF FLYING TIME, INCLUDING 500 HOURS IN JET
COMBAT AIRCRAFT AND 150 HOURS IN F-104G AIRCRAFT; SYMPATHETIC
CONSIDERATION WILL BE GIVEN BY THE USAF TO ANY REQUESTS BY THE
BUNDESWEHR FOR WAIVER OF THE PILOT QUALIFICATIONS REFLECTED ABOVE;
- ENGLISH KNOWLEDGE (ECL 80);
AND WHO WILL NOT BE HIGHER IN RANK THAN MAJOR WITH THE EXCEPTION OF
THE SQUADRON COMMANDER.
(III) SIX COMMISSIONED/NONCOMMISSIONED OFFICERS FOR MILITARY TRAINING
OF THE GERMAN STUDENTS AND FOR ADMINISTRATIVE DUTIES.
E. QUALIFIED STUDENTS, IN THE AGREED NUMBERS, TO MEET CLASS
SCHEDULING.
F. ONE FIELD GRADE TECHNICAL STAFF OFFICER (NON-FLYING STATUS TO
COORDINATE LOGISTICAL ACTIVITIE UNDER THE PROVISIONS OF ARTICLE 6 AND
ANNEX 2 TO THIS AGREEMENT.
(2) ONLY IPS/STUDENTS OF THE 58 TACTICAL FIGHTER TRAINING WING AND OF
2ND GAF BASIC TRAINING SQUADRON (F-104), U.S.A., ONE MEMBER OF THE STAFF
OF THE GAF BASIC TRAINING COMMAND, U.S.A. AND TWO MEMBERS OF THE
TACTICAL AIR COMMAND STANDARDIZATION BOARD WILL BE ENTITLED TO USE THE
AIRCRAFT FURNISHED ON A LOAN BASIS BY THE BUNDESWEHR.
FLYING TIME MUST BE STRICTLY CONTROLLED. FLIGHTS MAY BE CARRIED OUT
ONLY
- FOR TRAINING GERMAN STUDENTS/PILOTS,
- FOR TRAINING USAF AND GERMAN IPS,
- FOR RE-ESTABLISHING THE SERVICEABILITY OF THE AIRCRAFT (WORKSHOP
TEST AND FERRY FLIGHTS),
- IN EXECUTION OF STANDARDIZATION TASKS,
- FOR PROFICIENCY FLYING SERVING TO MAINTAIN SOMEONE'S PROFESSIONAL
STANDARD, IF REQUIRED IN HIS ASSIGNMENT.
OCCASIONAL ORIENTATION FLIGHTS FOR GERMAN VISITORS WILL BE
PERMISSIBLE ONLY UPON WRITTEN PRIOR APPROVAL BY THE FEDERAL MINISTER OF
DEFENSE (FMOD).
(3) THE NUMBER OF PERSONNEL TO BE PROVIDED IN ACCORDANCE WITH
SUB-PARAGRAPHS (1)D. (II) AND (III AND THE RANK OF THE SQUADRON
COMMANDER CAN BE CHANGED BY MUTUAL AGREEMENT.
ARTICLE 3
(1) THE PROVISIONS OF AFM 50-29, EXCEPT AS PROVIDED HEREIN, APPLY TO
THE TRAINING OF THE GERMAN STUDENTS.
A. THE GERMAN SQUADRON COMMANDER WILL BE THE SUPERIOR OFFICER OF THE
GERMAN CADRE PERSONNEL AND OF THE GERMAN STUDENTS. IN THIS CAPACITY HE
WILL BE RESPONSIBLE FOR:
(I) TAKING ALL DISCIPLINARY ACTIONS IN CASES INVOLVING GERMAN
PERSONNEL.
(II) MILITARY INSPECTIONS OF GERMAN PERSONNEL AND THEIR QUARTERS.
(III) ADHERENCE TO TRAINING REGULATIONS BY THE GERMAN STUDENTS.
(IV) TREATING COMPLAINTS LODGED BY GERMAN PERSONNEL.
B. IN THE FRAMEWORK OF COOPERATION WITH THE USAF, THE GERMAN SQUADRON
COMMANDER WILL HAVE THE FOLLOWING RIGHTS AND OBLIGATIONS. HE WILL:
(I) ACT AS A VOTING MEMBER OF THE FACULTY BOARD.
(II) ASSIST AS AN ADVISOR IN THE SELECTION AND ELIMINATION OF
STUDENTS.
(III) ASSIST IN ORIENTING NEWLY ARRIVED STUDENTS.
(IV) ACT AS A NONVOTING MEMBER OF THE GROUND ACCIDENT BOARD OR GROUP
BOARD.
(V) PARTICIPATE IN AIRCRAFT ACCIDENT INVESTIGATIONS AS AN OBSERVER.
(VI) ADVISE THE FOREIGN TRAINING OFFICER OF THE EDUCATIONAL
BACKGROUND AND TRAINING HABITS OF TH GERMAN STUDENTS.
(VII) ADVISE THE FOREIGN TRAINING OFFICER OF ANY NATIONAL CUSTOMS OR
HABITS WHICH SHOULD BE RECOGNIZED.
(VIII) ASSIST IN OVERCOMING LANGUAGE DIFFICULTIES AND APPOINT AN
OFFICER INTERPRETER IF DESIRED BY THE USAF WING COMMANDER OR HIS DEPUTY.
(IX) SUBMIT FORMAL ADMINISTRATIVE REPORTS TO THE USAF WING COMMANDER
OR HIS DESIGNATED REPRESENTATIVE FOR SECURITY CLEARANCE REVIEW.
(X) COMPLY WITH ALL INSTRUCTIONS ISSUED BY THE USAF WING COMMANDER
UNDER THE FLYING TRAINING PROGRAM.
(XI) INFORM THE USAF WING COMMANDER OF THE MEASURES TAKEN BY HIM IN
THE CASES SPECIFIED UNDER SUB-PARAGRAPHS A. (I) AND (IV), IF THE CASE IS
DIRECTLY RELATED TO INSTRUCTION.
C. THE USAF WILL:
(I) MAKE AVAILABLE TO THE GERMAN SQUADRON COMMANDER FOR REVIEW ANY
PERSONNEL DATA, TRAINING DATA AND FACULTY BOARD ACTIONS REQUESTED BY HIM
CONCERNING GERMAN STUDENTS.
(II) NOTIFY THE GERMAN SQUADRON COMMANDER IN ADVANCE OF ALL INTENDED
FLYING AND TRAINING PROCEDURAL CHANGES.
(III) MAKE KNOWN TO THE GERMAN SQUADRON COMMANDER WITHOUT DELAY
REPORTS ON TRAINING DEFICIENCIES AND ON BREACHES OF DISCIPLINE BY GERMAN
PERSONNEL.
D. GERMAN PERSONNEL WILL BE EXTENDED THE SAME PRIVILEGES AS
COMPARABLE USAF PERSONNEL AS FAR AS GERMAN AND U.S. LAW PERMITS.
E. LEAVE REQUESTS WILL BE INITIALLY SUBMITTED TO THE APPROPRIATE
SUPERVISOR (FLT CMDR/OPS OFFICER), WHO WILL FORWARD THEM WITH HIS
COMMENTS TO THE GERMAN SQUADRON COMMANDER. LEAVE WILL BE GRANTED IN
LINE WITH APPROPRIATE CURRENT GERMAN LEAVE REGULATIONS. THE GERMAN
SQUADRON COMMANDER WILL SUBMIT TO THE USAF WING COMMANDER OR HIS
DESIGNATED REPRESENTATIVE THE APPLICABLE GERMAN LEAVE REGULATION AND
INFORM HIM OF ANY AMENDMENTS TO THIS REGULATION.
F. WHEN A STUDENT IS HOSPITALIZED FOR A PERIOD EXPECTED TO EXCEED
SEVEN DAYS, OR IS MISSING, OR BECOMES SERIOUSLY ILL OR INJURED, OR DIES,
CASUALTY MESSAGES WILL BE SUBMITTED IN ACCORDANCE WITH THE PROVISIONS OF
AFM 30-4, AND THE GERMAN SQUADRON COMMANDER WILL BE INCLUDED IN THE LIST
OF INFORMATION ADDRESSEES.
(2) THE FOLLOWING PROVISIONS OF AFM 50-29 WILL NOT APPLY:
A. PROVISIONS RELATING TO HOUSING OF TRAINEES AS A GROUP.
B. PROVISIONS RELATING TO REPORTS ON INTENTION TO MARRY.
(3) IN THE EVENT OF CHANGES TO AFM 50-29, THE PARTIES TO THIS
AGREEMENT WILL AMEND THIS ARTICLE BY MUTUAL AGREEMENT, IF REQUIRED.
ARTICLE 4
(1) THE BUNDESWEHR WILL PAY SALARIES, TRAVEL AND MOVING COSTS FOR ALL
GERMAN PERSONNEL DIRECTLY TO SUCH PERSONNEL. IT WILL ALSO ENSURE
SHIPMENT, AT ITS COSTS, OF REMAINS OF GERMAN ARMED FORCES PERSONNEL TO
THE FEDERAL REPUBLIC OF GERMANY.
(2) THE BUNDESWEHR WILL PAY TO THE USAF THE FOLLOWING COSTS:
A. TUITION RATES
(I) USAF MILITARY PAY AND ALLOWANCES FOR THOSE PERSONNEL WHOSE
ACTIVITY IS DIRECTLY CONNECTED WITH THE TRAINING OF GERMAN STUDENTS.
(II) USAF CIVILIAN PAY AND ALLOWANCES FOR THOSE PERSONNEL WHOSE
ACTIVITY IS DIRECTLY CONNECTED WITH THE TRAINING OF GERMAN STUDENTS.
(III) OTHER COSTS FOR OPERATION AND MAINTENANCE OF THE TRAINING
FACILITIES MENTIONED IN SUB-PARAGRAPH (2)B. OF ARTICLE 1, IN ACCORDANCE
WITH THE EXTENT OF USE BY THE BUNDESWEHR.
(IV) OTHER OPERATING COSTS DIRECTLY ATTRIBUTABLE TO THE TRAINING OF
THE GERMAN STUDENTS, INCLUDING THOSE COSTS WHICH ARE INCREMENTAL OR
ADDITIVE AND WHICH HAVE OCCURRED IN ADDITION TO USUA COSTS AND
SPECIFICALLY BECAUSE OF THE GERMAN TRAINING PROGRAM.
(V) CHARGE TO RECOVER TEMPORARY DUTY AND HQ PERSONNEL COSTS INCURRED
IN SUPPORT OF GAF PROGRAMS.
B. COSTS ARISING FROM MAINTENANCE, REPAIR, REPLACEMENT, OR
MODIFICATION OF THE EQUIPMENT FURNISHED ON A LOAN BASIS BY THE
BUNDESWEHR.
(I) CONTRACTUAL COSTS OF BASE MAINTENANCE (INCLUDING MATERIAL
CONSUMED IN MAINTENANCE) OF EQUIPMENT FURNISHED ON A LOAN BASIS BY THE
BUNDESWEHR.
(II) COSTS OF OVERHAUL OF ENGINES AND AIRCRAFT (IRAN) AS AGREED.
(III) PROCUREMENT AND INSTALLATION COSTS OF CLASS IV MODIFICATIONS TO
AIRCRAFT.
(IV) PROCUREMENT AND INSTALLATION COSTS OF CLASS V MODIFICATIONS, AS
AGREED.
(V) PROCUREMENT COSTS OF REPLACEMENTS FOR AGE FURNISHED ON A LOAN
BASIS BY THE BUNDESWEHR, DEEME NECESSARY BY EITHER THE USAF OR THE
BUNDESWEHR ON THE GROUNDS OF WEAR AND TEAR OR OBSOLESCENCE, AND AS
AGREED.
C. THE FOLLOWING COSTS THAT MAY OCCUR THROUGH SUPPORT OF GERMAN
PERSONNEL:
(I) CLEANING COSTS FOR BILLETS USED BY GERMAN STUDENTS.
(II) COSTS OF TRANSFER TO AND BETWEEN MEDICAL FACILITIES OR
TRANSPORTATION TO GERMANY.
D. TERMINATION COSTS, UPON CONCLUSION OF THE PROGRAM.
(3)A. BY 1 MAY AT THE LATEST, EVERY YEAR, THE USAF WILL SEND TO THE
BUNDESWEHR LETTERS OF OFFER SPECIFYING THE ESTIMATED TRAINING TUITION
RATES FOR THE NEXT FISCAL YEAR (SUB-PARAGRAPH (2)A.) AND THE COSTS OF
TECHNICALLOGISTICAL SUPPORT (SUB-PARAGRAPH (2)B.) SETTING FORTH THE
VARIOUS COST ELEMENTS. THE COST ESTIMATES IN THE LETTER OF OFFER WILL
BE BASED ON THE AGREED NUMBER OF STUDENTS TO BE TRAINED, THE FLYING HOUR
DATA AVAILABLE AT THE TIME, THE NUMBER OF AIRCRAFT REQUIRED AND BEST
POSSIBLE COST DATA AVAILABLE AT THE TIME. THE BUNDESWEHR WILL EXAMINE
THE LETTERS OF OFFER AND WIL INFORM THE USAF BY 31 JULY OF THE
ACCEPTANCE OF THE OFFER OR POSSIBLE OBJECTIONS. IN THE LATTER CASE, THE
USAF WILL ENDEAVOR TO TAKE REMEDIAL MEASURES IN RESPONSE TO THE
OBJECTIONS OF THE BUNDESWEHR.
B. WITHIN 18 MONTHS AFTER THE LAST STUDENT HAS GRADUATED UNDER A
SPECIFIC FMS TUITION RATE CASE, THE USAF WILL SUBMIT TO THE BUNDESWEHR A
FINAL BILL BROKEN DOWN INTO THE COST ELEMENTS LISTED IN PARAGRAPH (2)
ABOVE.
(4) THE COSTS MENTIONED IN SUB-PARAGRAPH (2)C. WILL, IF NECESSARY, BE
BILLED UNDER PROCEDURES STILL TO BE AGREED UPON.
(5) UPON ACCEPTANCE OF THE OFFER, THE BUNDESWEHR AGREES TO REIMBURSE
THE USAF FOR ACTUAL COSTS INCURRED AS SPECIFIED WITHIN THE CONDITIONS OF
THE LETTER OF OFFER.
ARTICLE 5
(1) THE USAF SHALL PLACE USAF MARKINGS ON THE LOANED AIRCRAFT AND
MAINTAIN AND OPERATE THEM AS USAF AIRCRAFT FOR THE ENTIRE PERIOD OF THIS
AGREEMENT.
(2)A. SHOULD THE PROVISIONS OF ARTICLE VIII, PARAGRAPH 1, OF THE
NATO STATUS OF FORCES AGREEMENT NOT BE APPLICABLE IN A PARTICULAR CASE,
THE USAF WILL BE RESPONSIBLE FOR DAMAGE OR LOSS OF LOANED AIRCRAFT AND
OTHER EQUIPMENT ONLY IN CASES OF WILLFUL MISCONDUCT OR GROSS NEGLIGENCE
ON THE PART OF USAF PERSONNEL, IN WHICH CASE THE USAF WILL HAVE THE
OPTION OF REPAIR, REPLACEMENT, OR PAYMENT OF THE COSTS OF REPAIR OR OF
THE FAIR MARKET VALUE OF THE EQUIPMENT, LESS SALVAGE VALUE, IF ANY, AT
TH TIME OF DAMAGE OR LOSS.
B. SHOULD A DISPUTE ARISE AS TO WHETHER ARTICLE VIII, PARAGRAPH 1, OF
THE NATO STATUS OF FORCES AGREEMENT IS APPLICABLE IN A PARTICULAR CASE,
AND SHOULD THE PARTIES TO THIS AGREEMENT BE UNABLE TO AGREE, THE PARTIES
WILL SUBMIT THE MATTER TO AN APPROPRIATELY HIGH LEVEL IN THEIR
RESPECTIVE GOVERNMENTS FOR RESOLUTION.
(3) IF LOANED EQUIPMENT HAS BECOME UNSERVICEABLE DUE TO ORDINARY WEAR
AND TEAR AND/OR TECHNOLOGICAL CHANGES, THE BUNDESWEHR WILL AUTHORIZE
REPLACEMENT OF THIS EQUIPMENT OR FURNISH IT FROM BUNDESWEHR STOCKS, WHEN
REPLACEMENT IS CONSIDERED NECESSARY FOR THE TRAINING OF THE GERMAN
STUDENTS.
(4) THE BUNDESWEHR WILL DETERMINE WHETHER DISPOSAL ACTION IS TO BE
TAKEN ON CONDEMNED OR OBSOLET EQUIPMENT, AS PROVIDED IN ANNEX 2 TO THIS
AGREEMENT.
ARTICLE 6
(1) THE USAF WILL BE RESPONSIBLE FOR THE MAINTENANCE OF THE AIRCRAFT
AND OTHER EQUIPMENT PROVIDE BY THE BUNDESWEHR ON A LOAN BASIS.
MAINTENANCE REQUIREMENTS BEYOND THE CAPABILITY OF THE BASE, SUCH AS
OVERHAUL OF JET ENGINES AND IRAN OF AIRCRAFT, WILL BE THE SUBJECT OF
SEPARATE AGREEMENTS.
(2) THE USAF WILL ACCOMPLISH, UNDER ITS OWN RESPONSIBILITY, CLASS IV
A (SAFETY OF FLIGHT) AND CLASS IV B (MISSION ESSENTIAL) MODIFICATIONS TO
THE LOANED AIRCRAFT, AS REQUIRED. CLASS V MODIFICATIONS WILL BE THE
SUBJECT OF SEPARATE AGREEMENTS. IF THE BUNDESWEHR REQUESTS INSTALLATION
OF A MODIFICATION, THE USAF WILL INFORM THE BUNDESWEHR WITHIN 30 DAYS
WHETHER IT WILL COMPLY WITH THE REQUEST. JUSTIFICATION WILL BE PROVIDED
IF THE REQUEST IS REFUSED. THE MODIFICATION KITS AND PARTS REQUIRED FOR
CARRYING OUT THE MODIFICATION REQUESTED BY THE BUNDESWEHR WILL BE
FURNISHED BY THE BUNDESWEHR.
(3) IN ORDER TO ACHIEVE A DEGREE OF STANDARDIZATION OF THE LOANED
AIRCRAFT TO THE CONFIGURATION OF THE F/TF-104G STATIONED IN THE FRG, AND
CONSEQUENTLY TO IMPROVE THE OPERATIONAL CAPABILITY AND FLYING SAFETY,
SELECTED IMPROVEMENTS OF SUB-SYSTEMS BY THE GAF PECULIAR MODIFICATIONS
MAY BE ACCOMPLISHED UPON REQUEST FROM THE BUNDESWEHR. THE BUNDESWEHR,
IN PRINCIPLE, WILL ONLY REQUEST SUC IMPROVEMENTS/MODIFICATIONS WHICH
WILL NOT REQUIRE ESSENTIAL CHANGES TO THE AIRFRAME, AND WHICH WILL NOT
ADVERSELY AFFECT THE FLIGHT PERFORMANCE AND FLYING CHARACTERISTICS OF
THE AIRCRAFT.
WITH REFERENCE TO THESE IMPROVEMENTS/MODIFICATIONS THE BUNDESWEHR
WILL ASSUME:
A. RESPONSIBILITY FOR IMPLEMENTING THE IMPROVEMENTS/MODIFICATIONS
(IMPLEMENTATION ITSELF ONLY INSOFAR AS THE USAF WILL NOT BE IN A
POSITION TO PROVIDE BECAUSE OF TECHNICAL REASONS), AND SUPPLYING THE
REQUIRED MODIFICATION KITS AND PARTS.
B. RESPONSIBILITY FOR THE MATERIAL MANAGEMENT CONTROL OF THE AFFECTED
SUB-SYSTEM AND/OR ITS IMPROVED/MODIFIED PARTS, ENGINEERING AND TECHNICAL
REQUIREMENTS FOR THE GAF PECULIAR SYSTEMS.
C. MATERIAL SUPPORT FOR THE AFFECTED SUB-SYSTEM AND/OR ITS
IMPROVED/MODIFIED COMPONENTS, INCLUDING THE ADDITIONAL DOCUMENTATION
REQUIRED AS A RESULT OF THE IMPROVEMENT/MODIFICATION.
D. RESPONSIBILITY FOR MAINTENANCE OF THE AFFECTED SUB-SYSTEM AND/OR
ITS IMPROVED/MODIFIED PARTS INSOFAR AS THIS MAINTENANCE IS BEYOND THE
CAPABILITY OF THE BASE.
IF THE USAF IS OF THE OPINION, REGARDING A PLANNED
IMPROVEMENT/MODIFICATION, THAT THE REQUIREMENT OF THE FIRST SUBPARAGRAPH
ARE NOT APPLICABLE, THE PARTIES TO THE AGREEMENT WILL ENTER INTO
NEGOTIATION WITH THE OBJECTIVE OF ACHIEVING AGREEMENT IN THE ASSESSMENT
OF THE PROJECT.
THE BUNDESWEHR WILL BEAR ALL COSTS RESULTING FROM MAINTENANCE
CHANGEOVER, AND RE-PROCUREMENT, INCLUDING THE COSTS OF A POSSIBLE
TERMINATION OF THE AGREEMENT.
(4) THE USAF WILL MAINTAIN ALL MAINTENANCE RECORDS ON LOANED
EQUIPMENT IN ACCORDANCE WITH ESTABLISHED USAF SYSTEMS AND PROCEDURES FOR
STANDARD ITEMS OF SUPPLY. THIS WILL BE ACCOMPLISHED BY REGULAR
PROVISION OF K-75 OR SIMILAR APPLICABLE REPORTS. IN THE AIRCRAFT
SERVICE RECORDS, THE USAF WILL DOCUMENT THE IMPLEMENTATION OF TA, MAKING
CROSS-REFERENCES TO THE RESPECTIVE TO, SB, ECP, ETC.
THE USAF WILL INFORM THE BUNDESWEHR OF:
- TOTAL LOSSES (INDICATING THE FACTORY SERIAL NUMBER);
- DAMAGE TO AIRCRAFT DUE TO ACCIDENTS (INDICATING THE FACTORY SERIAL
NUMBER AND THE ESTIMATED TIM REQUIRED FOR AND COST OF REPAIR).
THE USAF WILL FURTHERMORE SUBMIT TO THE BUNDESWEHR THE FOLLOWING
REPORTS (IN DUPLICATE):
- MONTHLY REPORTS ON THE EXECUTION OF TECHNICAL MODIFICATIONS TO
AIRCRAFT (ECP, TO, TA, INDICATIN THE FACTORY SERIAL NUMBER).
- MONTHLY REPORTS ON THE EXECUTION OF ENGINE OVERHAULS, INCLUDING
MODIFICATIONS (INDICATING THE FACTORY SERIAL NUMBER).
- MONTHLY REPORTS ON HOURS FLOWN BY AIRCRAFT PER MONTH.
- EXPERIENCE AND COMPLAINT REPORTS ON INCIDENTS TO BE REPORTED IN
ACCORDANCE WITH AIR FORCE TO SYSTEM, INDICATING EVALUATION AND FOLLOW-UP
REMEDIAL MEASURES.
(5) THE USAF WILL PERMIT THE DESIGNATED GERMAN REPRESENTATIVES ACCESS
TO ALL PROPERTY RECORDS, INCLUDING INCREASES, DECREASES, AND
CONDEMNATIONS, ON PROPERTY TRANSACTIONS AT LUKE AIR FORCE BASE
CONCERNING THE GERMAN PILOT TRAINING PROGRAM.
(6) THE PROCEDURE TO BE FOLLOWED FOR THE EXCHANGE AND DISPOSAL OF
EXCESS AGE AND SPARES, HAS BEE SPECIFIED IN ANNEX 2 TO THIS AGREEMENT.
(7) THE USAF WILL RETURN TO THE BUNDESWEHR, UPON TERMINATION OF THIS
AGREEMENT, THE LOANED EQUIPMENT (I.E., AIRCRAFT, MTU, FLIGHT SIMULATOR,
AGE, AND SIMILAR EQUIPMENT) WHICH IS THEN IN THE ACCOUNTS OF THE USAF.
THIS WILL INCLUDE ALL LOANED EQUIPMENT EXCEPT:
A. THAT PREVIOUSLY RETURNED TO THE FEDERAL REPUBLIC OF GERMANY UNDER
THE PROVISIONS OF ANNEX 2 T THIS AGREEMENT.
B. THAT PROCESSED FOR DISPOSAL UNDER THE PROVISIONS OF ANNEX 2 TO
THIS AGREEMENT; IN THIS EVENT THE LIABILITY OF THE USAF IS LIMITED TO
REIMBURSEMENT TO THE BUNDESWEHR FOR THE SALVAGE VALUE OF TH ITEMS
INVOLVED.
C. EQUIPMENT LOST UNDER CONDITIONS OTHER THAN THOSE DESCRIBED IN
ARTICLE 5, PARAGRAPH (2).
D. EQUIPMENT LOST OR DAMAGED UNDER CONDITIONS IN WHICH THE USAF IS
RESPONSIBLE UNDER THE PROVISIONS OF ARTICLE 5, PARAGRAPH (2), AND THE
USAF DOES NOT TAKE THE OPTION OF REPAIR, REPLACEMENT, OR PAYMENT OF THE
COSTS OF REPAIR. IN THIS EVENT, THE USAF WILL CREDIT ACCOUNT "M" AT THE
U.S. TREASURY WITH THE FAIR MARKET VALUE OF THE EQUIPMENT, LESS SALVAGE
VALUE, AT THE TIME OF DAMAGE OR LOSS.
(8)A. THE USAF WILL RETURN TO THE BUNDESWEHR, UPON TERMINATION OF
THIS AGREEMENT, F/TF-104G SPAR PARTS VALUED AT THE DELIVERED DOLLAR
VALUE OF THE FMS CASE UNDER WHICH THE INITIAL SPARE PARTS WERE DELIVERED
TO LUKE AFB, AS ADJUSTED BY THE VALUE OF ITEMS PREVIOUSLY RETURNED TO
THE FEDERAL REPUBLI OF GERMANY, THOSE RECEIVED FROM THE FEDERAL REPUBLIC
OF GERMANY, OR THOSE PROCESSED FOR DISPOSAL UNDER THE PROVISIONS OF
ANNEX 2 TO THIS AGREEMENT. THOSE SPARE PARTS ITEMS RETURNED WILL BE
DRAWN FROM THE PROPERTY ACCOUNT, AT LUKE AFB, WHICH IS UTILIZED TO
PROVIDE SPARE PARTS SUPPORT FOR THIS PROGRAM. SPARE PARTS RETURNED WILL
BE PRICED AT CURRENT STOCK LIST PRICES AT TIME OF RETURN. TO THE EXTENT
REQUIRED BY THE USAF, AND AT ITS OPTION, PART OF THIS OBLIGATION MAY BE
SATISFIED BY MONETARY PAYMENT TO THE BUNDESWEHR FOR ANY DIFFERENCE
BETWEEN THE DOLLAR LIABILITY DESCRIBED ABOVE AND THE VALUE OF THE SPARE
PARTS RETURNED UPON TERMINATION OF THE PROGRAM.
B. THE USAF OBLIGATION FOR RETURN OF SPARE PARTS REMAINS CONSTANT AT
THE VALUE OF THE SPARE PART INITIALLY STOCKED FOR THE PROGRAM, SUBJECT
ONLY TO ADJUSTMENT UNDER THE PROVISIONS OF ANNEX 2 TO THIS AGREEMENT.
THIS CONDITION EXISTS FROM PREVIOUS PAYMENTS OF THE BUNDESWEHR FOR
FOLLOW-ON SPARES, BASED ON ACTUAL CONSUMPTION, AS A PART OF THE TUITION
COST OF TRAINING. CHARGES TO THE BUNDESWEHR FOR FOLLOW-ON SPARES
CONSUMPTION PRIOR TO 1 JULY 1971 ARE SUBJECT TO ADJUSTMENT UNDER TH
PROVISIONS OF ARTICLE 4, PARAGRAPH (3), AND CHARGES SUBSEQUENT TO THAT
DATE WILL BE MADE DIRECTLY UPON CONSUMPTION AS PROVIDED BY ARTICLE 4,
SUB-PARAGRAPH (2)B.(I).
ARTICLE 7
1. THE "AGREEMENT BETWEEN THE PARTIES TO THE NORTH ATLANTIC TREATY
REGARDING THE STATUS OF THEIR FORCES" (NATO SOFA) SIGNED IN LONDON ON 19
JUNE 1951, SHALL APPLY WITH RESPECT TO THIS AGREEMENT.
2. AIRCRAFT ACCIDENTS WILL BE INVESTIGATED IN ACCORDANCE WITH THE
PROVISIONS OF STANAG 3531.
ARTICLE 8
(1) THIS AGREEMENT SHALL BECOME EFFECTIVE ON DATE OF SIGNATURE BY
BOTH PARTIES, AND REMAIN IN EFFECT UNTIL 30 SEPTEMBER 1980.
AFTER THIS DATE THE AGREEMENT WILL BE AUTOMATICALLY EXTENDED FROM
YEAR TO YEAR, UNTIL THE AGREEMENT IS TERMINATED BY EITHER PARTY, GIVING
TO THE OTHER NOT LESS THAN SIX MONTHS' NOTICE OF TERMINATION PRIOR TO
THE END OF ANY EXTENDED YEAR. THIS AUTOMATIC EXTENSION PROVISION SHALL
NOT APPLY IF EITHER PARTY SERVES NOTICE TO THE OTHER ON OR BEFORE 31
MARCH 1979.
EITHER PARTY MAY CANCEL THE AGREEMENT AT ANY EARLIER DATE UPON SIX
MONTHS' NOTICE. IT WILL IN THIS INSTANCE ASSUME RESPONSIBILITY FOR ALL
COSTS THE OTHER PARTY MAY INCUR ON ACCOUNT OF SUCH CANCELLATION.
(2) AMENDMENTS TO THIS AGREEMENT BY MUTUAL AGREEMENT OF THE TWO
PARTIES WILL BE POSSIBLE AT ANY TIME.
(3) THE OBLIGATION OF BOTH PARTIES TO THIS AGREEMENT ARE SUBJECT TO
THE AVAILABILITY OF FUNDS.
ARTICLE 9
UPON SIGNATURE OF THIS AGREEMENT THE AGREEMENT ON F-104G ADVANCED
PILOT TRAINING (GAF) IN THE UNITED STATES OF 11 JANUARY 1971, AS
AMENDED, WILL BE SUPERSEDED.
DONE IN BONN THIS 11 DAY OF FEBRUARY 1975, IN DUPLICATE IN THE
ENGLISH AND GERMAN LANGUAGES, BOTH TEXTS BEING EQUALLY AUTHENTIC.
FOR THE FEDERAL MINISTER OF DEFENSE OF THE FEDERAL REPUBLIC OF
GERMANY
SIGNED
(BACKES)
MINISTERIALRAT
FOR THE UNITED STATES OF AMERICA
SIGNED
F.D. FULTON
COLONEL, USAF
CHIEF, AF SECTION
ANNEX 1
FLYING TRAINING FOR BUNDESWEHR PILOTS
1. THIS DOCUMENT IS A STATEMENT OF CONCEPT AS PERTAINS TO THE
CONDUCT OF THE TRAINING OF BUNDESWEHR PILOTS ON THE F-104G WEAPONS
SYSTEM. IT ENCOMPASSES THE CONDUCT OF FLYING TRAINING AND ASSOCIATED
ACADEMIC TRAINING AND DESCRIBES IN GENERAL TERMS THE TRAINING AND THE
ORGANIZATION DESIRED BY THE TACTICAL AIR COMMAND TO CONDUCT THIS
TRAINING.
2. LIST OF TRAINING COURSES TO BE CONDUCTED:
(1) USAF/GAF OPERATIONAL TRAINING COURSE F-104G TAC SYLLABUS COURSE F
1040 FGB
(2) USAF/GAF INSTRUCTOR PILOT TRAINING COURSE F-104G TAC SYLLABUS
COURSE F 1040 FGI
(3) USAF/GAF AIR WARFARE INSTRUCTOR COURSE F-104G TAC SYLLABUS COURSE
F 1040 FGD
(4) GAF ADVANCED FIGHTER TRAINING COURSE F-104G TAC SYLLABUS COURSE F
1040 FGF (MAY TERMINATE IN FISCAL YEAR 1975)
CHANGES OF THE ABOVE TAC SYLLABUS MAY ONLY BE EFFECTED BY MUTUAL
AGREEMENT. THE NUMBERS OF STUDENTS TO ATTEND THE VARIOUS TRAINING
COURSES WILL BE DETERMINED AT THE ANNUAL USAF/GAF FLYING TRAINING
CONFERENCE. THE NUMBER OF STUDENT INPUTS WILL BE PROJECTED THROUGH 5
FISCAL YEARS. CHANGES MAY BE MADE BY MUTUAL AGREEMENT.
3. TRAINING ORGANIZATION:
(1) FLYING TRAINING WILL BE THE RESPONSIBILITY OF THE TACTICAL AIR
COMMAND THROUGH THE 58 TACTICAL FIGHTER TRAINING WING AT LUKE AIR FORCE
BASE, ARIZONA.
(2) THE 2ND GAF BASIC TRAINING SQUADRON (F-104), U.S.A., AT LUKE AFB,
ARIZONA, WILL BE RESPONSIBLE FOR ADMINISTRATING THE GERMAN PILOTS IN
ACCORDANCE WITH AFM-50-29.
FOR PURPOSES OF ADMINISTRATIVE SUPPORT THE 2ND GAF BASIC TRAINING
SQUADRON (F-104), U.S.A., WILL BE ATTACHED TO THE 58 TACTICAL FLYING
TRAINING WING. THE 2ND GAF BASIC TRAINING SQUADRON (F-104), U.S.A.,
WILL BE SUBORDINATE TO THE GAF BASIC TRAINING COMMAND, U.S.A., FORT
BLISS, TEXAS.
(3) THE GERMAN INSTRUCTOR PILOTS WILL BE ASSIGNED TO THE FOLLOWING
DUTIES:
- 2 OFFICERS AS FLIGHT/ASST FLIGHT COMMANDER/INSTRUCTOR PILOT (ONE
PER EACH TRAINING YEAR)
- 1 OFFICER AS ACADEMIC INSTRUCTOR/INSTRUCTOR PILOT
- 1 OFFICER AS FLIGHT SAFETY OFFICER/INSTRUCTOR PILOT
- 6 OFFICERS AS INSTRUCTOR PILOTS.
4. CONTROL OF TRAINING QUALITY
CONTROL OF TRAINING QUALITY WILL BE IN ACCORDANCE WITH CURRENTLY
ESTABLISHED TAC PROCEDURES. STANDARDIZATION WILL BE IN ACCORDANCE WITH
TACM 55-104. FLIGHT CHECKS MAY BE ADMINISTERED BY USAF OR GAF IPS IN
ACCORDANCE WITH AFM 60-2.
ANNEX 2
PROCEDURE FOR EXCHANGE OF GERMAN-OWNED EXCESS MATERIEL BETWEEN GERMAN
PILOT TRAINING PROGRAM (GPTP) ASSETS AT LUKE AIR FORCE BASE AND
IN-COUNTRY ASSETS
A. SCOPE: EXCHANGE OF MATERIEL WILL BE LIMITED TO:
1. INITIAL SPARES, REPLENISHMENT SPARES, AND AGE DELIVERED IN
SUPPORT OF THE GPTP TO LUKE AIR FORCE BASE, WHICH ARE DETERMINED TO BE
IN EXCESS OF REQUIREMENTS FOR THAT PROGRAM.
2. GERMAN AIR FORCE (GAF) ASSETS WITHIN THE FEDERAL REPUBLIC OF
GERMANY (FRG) REQUIRED TO SUPPOR THE GPTP AT LUKE AIR FORCE BASE.
3. NORMALLY APPLICABLE TO SERVICEABLE ASSETS ONLY.
B. U.S. LIABILITY:
1. THE INITIAL DOLLAR VALUE OF U.S. LIABILITY WILL BE THE FINAL
DELIVERED VALUE OF FMS CASES GY-BHN AND GY-BHP.
2. U.S. LIABILITY WILL BE DECREASED WHEN ITEMS DELIVERED TO LUKE AIR
FORCE BASE IN SUPPORT OF TH GPTP ARE SHIPPED TO THE FRG AND WHEN ITEMS
WHICH ARE NOT DESIRED BY THE FRG ARE PROCESSED TO DISPOSAL.
3. U.S. LIABILITY WILL BE INCREASED WHEN ITEMS ARE RECEIVED AT LUKE
AIR FORCE BASE FROM THE FRG IN SUPPORT OF THE GPTP AND WHEN CREDIT IS
APPLIED FOR GPTP ASSETS PROCESSED TO DISPOSAL.
4. THE INITIAL DOLLAR VALUE OF U.S. LIABILITY, ADJUSTED BY
INCREASES/DECREASES, REPRESENTS THE DOLLAR VALUE OF SPARES ITEMS AND THE
QUANTITIES OF LINE ITEMS OF AGE WHICH WILL BE PROVIDED TO THE FRG UPON
CONCLUSION OF THE GPTP.
5. U.S. LIABILITY WILL BE INCREASED BY THE VALUE OF NEW OR
REPLACEMENT AGE ITEMS, UPON DELIVERY OF THESE ITEMS TO LUKE AIR FORCE
BASE, PROVIDED THESE ITEMS ARE PROCURED UNDER A SUCCESSOR CASE TO
GY-BHP.
C. TRANSPORTATION:
ALL TRANSPORTATION AND PACKAGING COSTS WILL BE BORNE BY THE FRG.
ITEMS SHIPPED FROM LUKE AIR FORCE BASE WILL BE FORWARDED UPON DIRECTION
OF THE GERMAN MILITARY REPRESENTATIVE (GMR), U.S.A. AND CANADA.
TRANSPORTATION COSTS FOR MATERIAL SHIPPED FROM THE FRG TO LUKE AIR FORCE
BASE WILL BE PREPAID.
D. ACCOUNTABILITY:
AN AUDITABLE RECORD WILL BE ESTABLISHED AND MAINTAINED BY SACRAMENTO
ALC. THIS RECORD WILL BE TH BASIS FOR FINAL ADJUSTMENT OF U.S.
LIABILITY UPON CONCLUSION OF THE GPTP. SACRAMENTO ALC (MMMDP) WILL
MAINTAIN NECESSARY RECORDS BASED UPON COMPLETED SHIPPING DOCUMENTS,
OTHER DATA, AND REPORTS RECEIVED FROM THE ADMINISTRATIVE CONTRACTING
OFFICER (ACO) AT LUKE AIR FORCE BASE.
E. PRICING:
ALL ITEM TRANSACTIONS AFFECTING THE LIABILITY WILL BE PRICED AT
CURRENT USAF STANDARD PRICE, EXCEPT THAT REPLACEMENT OR NEW AEROSPACE
GROUND EQUIPMENT (AGE) WILL BE PRICED AT CONTRACT OR STANDARD PRICE, AS
APPROPRIATE, ON A CASE-TO-CASE BASIS.
F. PROCEDURES:
1. ALL PROCEDURES TO ACCOMPLISH EXCHANGE OF MATERIAL WILL BE EXEMPT
FROM THE D032, H028, AND H05 SYSTEMS.
2. CREDITS WILL BE RECORDED WHEN MATERIAL IS SHIPPED FROM GPTP
ASSETS TO THE FRG AND/OR WHEN OBSOLETE MATERIAL IS PROCESSED TO
DISPOSAL.
3. DEBITS WILL BE RECORDED WHEN ASSETS ARE RECEIVED AT LUKE AIR
FORCE BASE FROM THE FRG AND AT 1.6% OF CURRENT STOCK LIST PRICE WHEN
OBSOLETE OR WORN OUT ITEMS ARE PROCESSED TO DISPOSAL. THE FACTOR OF
1.6% IS BASED ON THE CURRENT AVERAGE SALVAGE VALUE OF MATERIAL PROCESSED
TO DISPOSAL BY THE USAF. THE 1.6% FACTOR WILL BE ADJUSTED IF THE
OVERALL USAF FACTOR IS ADJUSTED.
4. DISPOSAL OF GPTP EXCESSES AND/OR SHIPMENT OF SUCH EXCESSES FROM
LUKE AFB TO THE FRG.
A. A LISTING TOGETHER WITH CARDS WILL BE PROVIDED IN ACCORDANCE WITH
B, C, AND D BELOW AT THE FOLLOWING SCHEDULE:
B. SEPARATE LISTINGS WILL BE PREPARED FOR ACTIVE AND OBSOLETE ITEMS.
C. LISTINGS AND CARDS WILL BE PREPARED IN SUFFICIENT COPIES TO ALLOW
FOR THE FOLLOWING DISTRIBUTION:
(1) ONE DECK OF BUO CARDS, VIA AUTODIN, TO APPROPRIATE USAF AFLC ITEM
MANAGERS IN ACCORDANCE WIT CHAPTER 3, VOLUME 1, PART I, AFM 67-1.
(2) ONE COPY OF THE LISTING TO ACO, LUKE AFB.
(3) ONE COPY OF THE LISTING TO SACRAMENTO ALC/MMAR.
(4) TWO COPIES OF THE LISTING AND ONE DECK OF CARDS TO THE GAF
LOGISTICS LIAISON OFFICER (LOGLO) LUKE AFB. GAF LOGLO WILL FORWARD ONE
COPY OF THE LISTING AND THE CARDS TO THE GAF AMO.
D. DATA FOR EACH ITEM WILL INCLUDE BUT NOT BE LIMITED TO:
(1) NSN AND/OR PART NUMBER
(2) NOUN
(3) UNIT OF ISSUE
(4) QUANTITY EXCESS
(5) UNIT COST AND EXTENDED COST PER LINE ITEM (CURRENT STOCK LIST OR
ACQUISITION COST).
E. USAF ITEM MANAGERS WILL HAVE 15 DAYS AFTER RECEIPT OF BUO CARDS
FOR SCREENING AND SUBMISSION OF REQUISITIONS (30 DAYS FROM DATE OF
TRANSMITTAL). ITEMS NOT REQUESTED IN THIS TIME FRAME WILL THEREAFTER BE
AVAILABLE TO THE GAF.
F. GAF AMO WILL HAVE 120 DAYS AFTER RECEIPT OF THE LISTING AND CARD
DECK FOR SCREENING AND SUBMISSION OF A CARD DECK TO THE ACO THROUGH GAF
LOGLO, LUKE AFB, FOR THOSE ITEMS DESIRED (150 DAYS FROM DATE OF
TRANSMITTAL). ALL ITEMS FOR WHICH DISPOSITION INSTRUCTIONS HAVE NOT
BEEN RECEIVED WITHIN THIS TIME FRAME WILL BE PROCESSED TO REDISTRIBUTION
AND MARKETING BY ACO. ALL DISPOSAL ACTION WILL BE COORDINATED WITH THE
GAF LOGLO AT LUKE AFB.
G. THE ACO WILL FORWARD A FOUR PART LISTING OF ITEMS TO BE SHIPPED TO
SACRAMENTO ALC/MMPI FOR ANNOTATION OF ASSIGNED DOCUMENT NUMBERS.
SACRAMENTO ALC WILL RETAIN ONE COPY AND RETURN BALANCE TO THE ACO FOR
PROCESSING AND SHIPMENT OF MATERIEL TO THE FRG.
H. THE GAF LOGLO WILL PROVIDE THE ACO WITH THE CORRECT SHIPPING
ADDRESS AND OTHER PERTINENT INFORMATION FOR SHIPMENTS OF MATERIEL TO THE
FRG.
I. THE ACO AT LUKE AFB WILL BE RESPONSIBLE FOR THE FOLLOWING:
(1) SERVE AS A CONTACT POINT FOR VARIOUS ACTIVITIES AT LUKE AFB AND
ALL OFF BASE ACTIVITIES, E.G SACRAMENTO ALC, IMS, ETC.
(2) FORWARDING OF EXCESS LISTINGS AND CARD DECK AS LISTED IN 4.C.
ABOVE.
(3) RECEIPT AND PROCESSING OF RDOS FOR SHIPMENT OF EXCESSES
(4) INSPECTIONS IN ACCORDANCE WITH CHAPTER 4, PART ONE, VOLUME I, AFM
67-1 FOR ALL SHIPMENTS. ADVISE THE REQUESTING ACTIVITY IN THE EVENT ANY
MATERIAL WHICH WAS ORIGINALLY DESIGNATED SERVICEABL IS FOUND TO BE IN AN
UNSERVICEABLE CONDITION, WITHHOLDING RELEASE OF THIS MATERIAL PENDING
NOTIFICATION TO SHIP OR CANCEL.
(5) LEVEL "A" PACK AND SHIP ALL ITEMS TO FRG.
(6) ADVISE THE GAF LOGLO, LUKE AFB, OF ITEMS REPORTED WITHDRAWN/NO
LONGER AVAILABLE AND THE REASON THEREFOR.
(7) ADVISE THE GMR, THROUGH LOGLO, THAT MATERIAL IS READY FOR
SHIPMENT.
(8) INSURE THAT MATERIAL IS SHIPPED TO FRG AS DIRECTED BY THE GAF
LOGLO. FORWARD ONE COPY OF EACH COMPLETED SHIPPING DOCUMENT VIA COVER
LETTER TO SACRAMENTO ALC/MMPI REFLECTING TOTAL DOLLAR VALUE OF ALL ITEMS
SHIPPED AND AN EXPLANATION OF THE REASONS FOR NONSHIPMENT FOR ALL ITEMS
FOR WHIC SACRAMENTO ALC/MMPI PROVIDED DOCUMENT NUMBERS. THIS WILL BE
ACCOMPLISHED WITHIN 30 DAYS OF DATE OF SHIPMENT.
(9) INSURE THAT SHIPMENT OF SURPLUS ITEMS TO R&M IS ACCOMPLISHED IN A
TIMELY MANNER. FURNISH SACRAMENTO ALC/MMPI ONE COPY OF THE
SHIPPING/DISPOSAL DOCUMENT VIA COVER LETTER REFLECTING TOTAL DOLLAR
VALUE OF ALL ITEMS PROCESSED TO DISPOSAL WITHIN 30 DAYS OF COMPLETION OF
THE DISPOSAL ACTIONS.
5. SPECIALIZED PROCEDURES FOR UTILIZING FRG F-104G IN-COUNTRY EXCESS
MATERIAL TO SUPPORT THE GPT AT LUKE AFB DURING FY 75 AND SUBSEQUENT
FISCAL YEARS.
A. A PROJECTED ANNUAL FY REQUIREMENTS LISTING WILL BE DEVELOPED BY
THE USAF/ACO (CONTRACTOR) BASED UPON THE PAST TWO YEARS ISSUE HISTORY
AND OTHER PERTINENT DATA. THE FY PROJECTION WILL CONSIST OF A LISTING
(4 PART PAPER), PLUS A DECK OF ELECTRONIC DATA PROCESSING (EDP) CARDS.
THE LISTING WILL BE IN NSN AND/OR PART NUMBER SEQUENCE, INCLUDING
NOMENCLATURE, EXPENDABILITY REPAIR RECOVERY CODE (ERRC), SERVICEABILITY
CODE (CONDITION CODE), UNIT PRICE, UNIT OF ISSUE, ON-HAND QUANTITY AND
PROJECTED FY REQUIREMENT. THE PROJECTION WILL COVER ALL MATERIAL
REQUIREMENTS FOR AIRFRAMES AND ENGINES FOR THE NEXT FY NOT YET ON ORDER.
B. THE FY PROJECTION OF REQUIREMENTS WILL BE PROVIDED BY THE USAF
THROUGH THE ACO TO THE GAF LOGISTICS LIAISON OFFICER (LOGLO) AT LUKE
AFB. THE GAF LOGLO WILL SEND THE FY PROJECTION OF REQUIREMENTS PACKAGE
TO FRG/GAF AIR MATERIEL OFFICE (AMO) IN WAHN, FRG, BY 15 SEPTEMBER EACH
YEAR. DURING THE FOUR MONTH PERIOD, 15 SEPTEMBER THROUGH 15 JANUARY,
THE USAF/ACO (CONTRACTOR) WILL NOT REQUISITION ITEMS ON THE PROJECTION
OF REQUIREMENTS LISTING, EXCEPT TO SATISFY CRITICAL REQUIREMENT WHICH
MAY GENERATE. ITEMS IDENTIFIED BY USAF/ACO (CONTRACTOR), PREVIOUSLY
FORECAST IN ACCORDANCE WITH AFLCM 57-3, CHAPTER I, SECTION F, 1-24F,
WILL BE HELD IN ABEYANCE UNTIL GAF AMO IDENTIFIES THOSE ITEMS THEY WILL
SUPPLY. USAF IMS WILL TAKE INTO CONSIDERATION THOSE ITEMS TO BE
SUPPLIED BY GAF AMO PRIOR TO RELEASE OF MANAGEMENT OF ITEMS SUBJECT TO
REPAIR (MISTR/PROCUREMENT).
C. THE FY PROJECTION OF REQUIREMENTS WILL BE REVIEWED BY THE GAF AMO
IN CONJUNCTION WITH SERVICEABLE STOCK AVAILABLE IN-COUNTRY DURING
OCTOBER THROUGH DECEMBER. ONE COPY OF THE FY PROJECTION OF REQUIREMENTS
LISTING WILL BE RETURNED TO THE GAF LOGLO WITH AVAILABLE SERVICEABLE
QUANTITIES ANNOTATED BY 1 JANUARY. THE GAF WILL FREEZE (NOT DISPOSE OF)
ALL QUANTITIES OF IN-COUNTRY MATERIEL NOTED AS AVAILABLE. PERIODIC
VERIFICATION OF IN-COUNTRY ASSETS WILL BE ACCOMPLISHED BY GAF AMO TO
USAF ACO TO INSURE THAT THE MATERIEL IS ACTUALLY AVAILABLE FOR SHIPMENT
AS STATED, I.E. GAF AMO WILL INFORM GAF LOGLO OF VARIANCES WHEREIN ITEMS
AND/OR QUANTITIES THEREOF ARE NO LONGER AVAILABLE. ITEMS NOTED AS
AVAILABLE IN THE ABOVE-MENTIONED GAF ANNOTATED LISTING WHICH MAY
SUBSEQUENTLY NOT BE AVAILABLE DUE TO OTHER USAGE MAY ADVERSELY IMPACT ON
THE OVERALL SUPPORT OF THE GPTP.
D. THE GAF LOGLO AND THE USAF ACO WILL REVIEW THE ANNOTATED RETURNED
LISTING IN CONJUNCTION WITH ANY CHANGES IN THE FY PROJECTION OF
REQUIREMENTS SINCE 15 SEPTEMBER. THE USAF ACO WILL THEN ADVISE GAF
LOGLO BY 1 APRIL OF FIRM USAF FY REQUIREMENTS TOGETHER WITH A PROPOSED
SCHEDULE FOR SHIPMENT OF THE MATERIEL TO LUKE AFB, BASED ON RECEIPT OF
WEIGHT AND CUBE INFORMATION FROM GAF AMO BY 1 MARCH. THE USAF ACO WILL
DETERMINE THE PROPOSED SCHEDULE OF SHIPMENTS TAKING INTO CONSIDERATION
STORAGE AN SPACE REQUIREMENTS AT LUKE AFB. ALL ITEMS WILL BE IN
SERVICEABLE CONDITION, UNLESS OTHERWISE REQUESTED BY USAF ACO.
REPARABLE ITEMS WILL ONLY BE SHIPPED TO LUKE AFB IF SPECIFICALLY
REQUESTED. ALL SHIPMENTS OF MATERIEL WILL BE COMPLETED DURING THE
PERIOD APRIL THROUGH AUGUST. THE GAF IS RESPONSIBLE FOR ALL SHIPMENTS
TO LUKE AFB.
MATERIEL SHIPPED BY AIRLIFT WILL BE VIA GERMAN-OWNED AIRCRAFT. US
CUSTOMS CLEARANCE IS ALSO GAF RESPONSIBILITY. THE GAF WILL LEVEL "A"
PACK MATERIEL AND SHIP TO:
LUKE AIR FORCE BASE
M/F EZ 7061 BUILDING 309
LOCKHEED AIRCRAFT SERVICE COMPANY
LUKE AIR FORCE BASE, ARIZONA 85309
E. UPON DELIVERY TO LUKE AFB THE MATERIEL WILL BE RECEIVED, INSPECTED
AND STORED IN ESTABLISHED GAF-OWNED ACCOUNT ("A" TAPE). THE ACCOUNT
WILL CONTINUE TO BE MAINTAINED BY THE USAF ACO. FIELD LEVEL REPAIR WILL
BE ACCOMPLISHED AT LUKE AFB AS AUTHORIZED BY THE USAF ACO IN ACCORDANCE
WITH STANDARD PROCEDURES.
THE USAF ACO WILL INSURE THAT GAF ASSETS WILL REMAIN ACCOUNTABLE TO
THE APPROPRIATE GAF TAPE. USAF DEPOT LEVEL REPAIR OF REPARABLES
(ROTABLES) WILL BE DISCONTINUED UNTIL ALL SERVICEABLE GAF ASSETS HAVE
BEEN UTILIZED. EXCESS REPARABLES WILL BE DISPOSED OF AT LUKE AFB WITH
CONCURRENCE OF THE GAF LOGLO. MATERIEL RECEIVED IN OTHER THAN
SERVICEABLE CONDITION AND/OR NO LONGER REQUIRED WIL BE DISPOSED OF AT
LUKE AFB BY THE USAF ACO. ALL DISPOSAL ACTION WILL BE COORDINATED WITH
THE GAF LOGLO AT LUKE AFB. NO REQUIREMENT EXISTS TO ADVISE GAF AMO OF
SUCH DISPOSAL ACTIONS.
F. SCHEDULE SUMMARY:
DATE ACTION
15 SEPTEMBER LUKE AFB SEND REQUIREMENTS LISTING TO GAF AMC
15 JANUARY GAF AMO SEND LIST OF AVAILABLE ASSETS TO LUKE AFB.
1 MARCH GAF AMO ADVISE LUKE AFB WEIGHT AND CUBE OF ASSETS.
1 APRIL LUKE AFB FURNISH GAF AMO POSTED SHIPMENT SCHEDULE.
APRIL THROUGH AUGUST GAF ACCOMPLISH SHIPMENTS TO LUKE AFB.
GERMANY, FEDERAL REPUBLIC OF 1 AUG 1974 FLITE DOCUMENT NO. 7502419
MEMORANDUM OF UNDERSTANDING
RELATING TO THE USE OF A PROTOTYPE 35 MM B ANTIAIRCRAFT TANK
MEMORANDUM OF UNDERSTANDING BETWEEN THE GOVERNMENT OF THE FEDERAL
REPUBLIC OF GERMANY, REPRESENTE BY THE FEDERAL MINISTRY OF DEFENSE, AND
THE GOVERNMENT OF THE UNITED STATES OF AMERICA, REPRESENTED BY THE
DEPARTMENT OF DEFENSE CONCERNING THE USE OF A PROTOTYPE 35 MM B
ANTIAIRCRAFT TANK (FLAK-PANZER) IN HIT-VAL AND OTHER TESTS
ARTICLE I
INTRODUCTION
1.1 THE UNITED STATES DEPARTMENT OF DEFENSE (DOD) WISHES TO BORROW
FROM THE FEDERAL MINISTRY OF DEFENSE (FMOD), THE 35MM "B" ANTIAIRCRAFT
TANK (FLAK-PANZER) AND UTILIZE IT IN THE CONDUCT OF A STUDY (HIT-VAL) IN
THE UNITED STATES, TO OBTAIN EMPIRICAL DATA ON AIRCRAFT ATTRITION TO
ANTIAIRCRAF GUNS. DATA OBTAINED FROM THIS STUDY WILL BE INCORPORATED
INTO ATTRITION MODELS.
1.2 THE FMOD HAS AN INTEREST IN HIT-VAL. THEREFORE, THE FMOD WILL
PROVIDE ONE PROTOTYPE FLAK-PANZER, TOGETHER WITH NECESSARY ACCESSORIES
AS DESCRIBED IN ANNEX A, AND SPARE PARTS FOR USE B THE DOD IN CONDUCT OF
HIT-VAL AND OTHER TESTS DESIRED BY THE DOD AND OUTLINED IN ANNEX B,
UNDER THE TERMS AND CONDITIONS OUTLINED HEREIN.
ARTICLE II
SCOPE OF WORK
2.1 THE FMOD WILL PROVIDE THE FLAK-PANZER TO THE DOD IN THE 51ST WEEK
OF 1973 FOR A TEST PERIOD IN THE UNITED STATES (U.S.) OF AT LEAST SIX
MONTHS BUT NOT BEYOND OCTOBER 31, 1974 (AS THE LATEST POSSIBLE DATE FOR
THE RETURN OF THE MATERIAL ON LOAN AT THE POINT OF RETURN IN THE FEDERAL
REPUBLIC OF GERMANY).
2.2 UPON COMPLETION OF DOD TESTS, HOWEVER, ON OCTOBER 31, 1974 AT THE
LATEST (SEE 2.1), THE DOD WILL RETURN THE FLAK-PANZER AT THE POINT OF
ORIGIN OR AT ANOTHER POINT IN THE FEDERAL REPUBLIC AS MIGHT BE AGREED TO
BY THE PROJECT OFFICERS.
2.3 THE DETAILS AS TO TIME AND SITE OF DELIVERY AND RE-DELIVERY, AS
WELL AS THE SHIPMENT AND CUSTOMS FORMALITIES TO BE OBSERVED, WILL BE
DETERMINED JOINTLY BY THE RESPECTIVE PROJECT OFFICERS (PO).
2.4 DELIVERY TO THE DOD AND RE-DELIVERY TO THE FMOD WILL BE RECORDED
IN A PROTOCAL OF DELIVERY SIGNED BY THE RESPECTIVE PO'S, IN WHICH THE
TECHNICAL CONDITION OF THE FLAK-PANZER IS STATED TO INCLUDE, IF
NECESSARY, A LISTING OF DEFICIENCIES NOTED.
2.5 TESTS OUTLINED IN ANNEX B WILL BE CARRIED OUT BY DOD PERSONNEL
SUPPORTED, AS MUTUALLY AGREED BETWEEN THE DOD AND THE FMOD, BY FMOD AND
ITS CONTRACTOR(S) PERSONNEL. TO PERMIT DOD TO CONDUCT THESE TESTS, THE
FMOD AGREES TO TRAIN THREE DOD GUN CREWS OF TWO MEN EACH.
2.6 THE MAINTENANCE OF THE FLAK-PANZER, BEYOND FIRST ECHELON
MAINTENANCE (FOR WHICH DOD PERSONNE WILL BE TRAINED) WILL BE CARRIED OUT
BY FMOD OR ITS CONTRACTOR(S) PERSONNEL.
2.7 ANY MODIFICATION TO THE FLAK-PANZER OR SUPPORTING EQUIPMENT
NECESSARY TO THE TEST PROGRAM MA ONLY BE CARRIED OUT WITH THE AGREEMENT
OF THE GERMAN PROJECT OFFICER.
2.8 ONLY SPARE PARTS FURNISHED BY THE MANUFACTURER(S) MAY BE USED FOR
REPAIRS. URGENTLY REQUIRE SPARE PARTS DURING THE TEST PERIOD MAY BE
REQUISITIONED THROUGH THE GERMAN PO VIA THE FEDERAL OFFIC FOR MILITARY
TECHNOLOGY AND PROCUREMENT (BWB).
2.9 PRIOR TO DELIVERY OF THE FLAK-PANZER, THE PO'S, IN COORDINATION
WITH THE MANUFACTURER(S), WILL DETERMINE THE EXTENT OF REHABILITATION OR
OVERHAUL REQUIRED TO INSURE THE FLAK-PANZER IS TECHNICALLY SUFFICIENT TO
ACCOMPLISH THE TESTS DESCRIBED IN ANNEX B. SUCH REHABILITATION OR
OVERHAUL WILL BE CARRIED OUT BY THE MANUFACTURER(S).
2.10 UPON COMPLETION OF THE DOD TESTS (ANNEX B), THE FLAK-PANZER WILL
BE RETURNED IN AN "AS IS" CONDITION AND NO REHABILITATION OR
REFURBISHMENT WILL BE REQUIRED.
ARTICLE III
ORGANIZATION
3.1 BOTH THE DOD AND THE FMOD WILL APPOINT A PROJECT OFFICER (PO).
3.2 THE DOD PO WILL BE RESPONSIBLE FOR DIRECTION OF THE ENTIRE
PROGRAM.
3.3 THE FMOD PO WILL BE RESPONSIBLE FOR THE MANAGEMENT OF THE FMOD
AND ITS CONTRACTOR(S) PARTICIPATION IN THE PROGRAM.
3.4 THE PO'S ARE AUTHORIZED TO COMMUNICATE DIRECTLY WITH EACH OTHER
WITHIN PRESCRIBED OFFICIAL CHANNELS AND PROCEDURES ON ALL MATTERS
PERTAINING TO THIS PROGRAM.
3.5 CHANGES TO THE AGREED TEST PLANS WHICH ARE WITHIN THE SCOPE OF
THIS MOU AND WHICH DO NOT INCREASE COST, TIMESCALE, OR ADD TO THE
TECHNICAL COMPLEXITY OF THE PROGRAM MAY BE MADE BY MUTUAL AGREEMENT OF
THE PO'S. ANY CHANGES RESULTING IN INCREASED COSTS, TIMESCALE OR
TECHNICAL COMPLEXITY OR IN THE EVENT OF ANY INABILITY OF THE PO'S TO
AGREE ON MATTERS WITHIN THEIR GRANTED AUTHORITY, WILL BE REFERRED TO THE
SIGNATORY AGENCIES HERETO FOR RESOLUTION.
ARTICLE IV
FINANCIAL AND TASK RESPONSIBILITY
4.1 THE FMOD, WITHOUT COST TO THE DOD, EXCEPT AS SPECIFICALLY SET
FORTH IN PARAGRAPH 4.3, WILL PROVIDE THE FOLLOWING:
A. A FLAK-PANZER, AS DEFINED IN ANNEX A, TRANSPORTED TO AN EUROPEAN
AIRPORT (POINT OF ORIGIN) AS AGREED BY THE PROJECT OFFICERS.
B. NECESSARY PERSONNEL TO PERFORM MAINTENANCE ON THE FLAK-PANZER
ABOVE FIRST ECHELON MAINTENANCE (WHICH WILL BE PERFORMED BY DOD
OPERATORS) TRAINED BY FMOD.
C. AN INTENSIVE, ACCELERATED 14 WEEK TRAINING PROGRAM, TO INCLUDE A 2
WEEK FIRING PROGRAM FOR 3 DOD GUN CREWS OF TWO MEN EACH AND ONE ESCORT
OFFICER. THE DOD ADDITIONALLY WILL PROVIDE AN INTERPRETER. TRAINING OF
DOD GUN CREWS WILL BE IN GERMANY AT PLACES DESIGNATED BY THE FMOD AND
WIL COMMENCE ON OR ABOUT 10 SEPTEMBER 1973.
D. ONE COMPLETE FLAK-PANZER CREW TO FINISH US CREW TRAINING AND TO
PARTICIPATE IN THE DOD TESTS, WHO WILL ACCOMPANY THE FLAK-PANZER FROM
THE POINT OF ORIGIN TO THE TEST SITE(S) AND ON RETURN TO TH POINT OF
ORIGIN.
E. TRANSPORT FOR REQUISITE FMOD CONTRACTOR(S) PERSONNEL TO SPECIFIED
TEST LOCATIONS IN THE US.
F. RETURN TRANSPORT FOR FMOD CONTRACTOR(S) PERSONNEL AT COMPLETION OF
THE PROGRAM.
G. PREPARE EQUIPMENT TO COMPLY WITH PROVISIONAL GERMAN SAFETY
STATEMENT. ANY MODIFICATION TO TH FLAK-PANZER TO COMPLY WITH US SAFETY
STATEMENT WILL BE PERFORMED BY FMOD PERSONNEL INSOFAR AS IT IS WITHIN
THEIR CAPABILITIES.
H. SUPPORT FACILITIES REQUIRED FOR TRAINING OF DOD GUN CREWS.
4.2 THE DOD, AT NO COST TO THE FMOD, WILL PROVIDE:
A. TRANSPORT OF THE FLAK-PANZER, AS DEFINED IN ANNEX A, TO TEST
LOCATIONS IN THE US AND RETURN T POINT OF ORIGIN IN COMPLIANCE WITH
ARTICLE 2, PARAGRAPH 2, AND ARTICLE 4, PARAGRAPH 1A, RESPECTIVELY.
B. TRANSPORT OF THE FLAK-PANZER, DEFINED IN ANNEX A, WITHIN THE US AS
NECESSARY TO THE CONDUCT O ALL AGREED TESTS.
C. NECESSARY SUPPORT FACILITIES REQUIRED FOR FMOD PARTICIPATION IN
DOD TESTS.
4.3 THE DOD WILL REIMBURSE THE FMOD AS FOLLOWS:
A. THE COSTS OF REHABILITATION OR OVERHAUL ACCOMPLISHED BY THE
CONTRACTOR(S) PRIOR TO DELIVERY T THE DOD (SEE PARA 2.9).
B. SHOULD IT BECOME IMPOSSIBLE FOR THE DOD TO REDELIVER THE
FLAK-PANZER ON COMPLETION OF DOD TESTS, THE DOD WILL BE LIABLE IN
COMPENSATION COSTS TO THE FMOD IN THE AMOUNT OF DM 5,100,000 (FIVE
MILLION ONE HUNDRED THOUSAND DEUTSCHE MARKS).
C. COSTS OF SPARE PARTS FURNISHED WITH DELIVERY OR REQUIRED
SUBSEQUENT TO INITIATION OF DOD TESTS. CREDIT FOR UNUSED SPARE PARTS
OBTAINED FROM THE MANUFACTURER(S) OR VIA THE BWB MAY BE CLAIMED ONLY IF
THE UNUSED SPARE PARTS ARE RETURNED IN THEIR ORIGINAL PACKAGING. SPARE
PARTS THAT ARE SPECIAL ORDER AND ARE NOT USABLE IN THE PRE-PRODUCTION OR
PRODUCTION SERIES MUST BE PAID FOR WHETHER USED OR NOT. SPARE PARTS
PROVISIONING WILL BE BASED ON MUTUAL AGREEMENT OF POS.
D. COST OF FMOD SUPPLIED CONTRACTOR(S) SUPPORT PERSONNEL ESTIMATED AS
FOLLOWS:
(1) 925 ENGINEER DAYS AT DM 700 PER MAN/DAY IN THE US.
(2) 90 INSTRUCTOR DAYS AT DM 462 PER MAN/DAY IN THE FRG.
(3) 360 ADMINISTRATIVE SUPPORT DAYS AT DM 411 PER MAN/DAY IN THE FRG.
(4) 150 ENGINEER DAYS AT DM 462 PER MAN/DAY IN THE FRG.
(5) IF FEWER THAN THE ESTIMATED NUMBER OF MAN DAYS ARE PROVIDED, DOD
COSTS WILL BE REDUCED ACCORDINGLY.
NOTE: RECOGNIZING THE FMOD MAY, ON BEHALF OF THE UNITED STATES, MAKE
PAYMENTS TO ITS CONTRACTORS IN SWISS FRANCES, THE AMOUNTS SHOWN IN PARAS
(1), (2), (3), AND (4) ABOVE ARE DM ESTIMATES TO REFLECT ACTUAL COSTS OF
SF 830, SF 550, SF 490, SF 550 RESPECTIVELY. SHOULD THE LISTED DM
AMOUNTS BE INSUFFICIENT TO MAKE THE PAYMENT IN SF AT THE TIME OF
PAYMENT, THE US WILL REIMBURSE THE FMOD FO THE ADDITIONAL AMOUNT IN DM.
SIMILARLY ANY EXCESS PAYMENTS MADE BY THE US BASED ON THE ABOVE AMOUNTS
WILL BE CREDITED TO THE US BY THE FMOD.
E. ACTUAL COSTS OF ANY REPAIRS TO THE FLAK-PANZER DURING THE DOD CREW
TRAINING PHASE, ABOVE THE CAPABILITY OF THE CONTRACTOR(S) FURNISHED
INSTRUCTORS TO REPAIR, AND NECESSARY TO PRECLUDE ANY UNREASONABLE DELAY
IN THE TRAINING, BUT NOT TO EXCEED DM 100,000.
F. TRANSPORTATION COSTS OF FMOD CONTRACTOR(S) MAINTENANCE PERSONNEL
REQUIRED BY THE DOD DURING EXECUTION OF THE DOD TEST PROGRAM WILL BE
REIMBURSED AT THE STANDARD RATE ESTABLISHED BY BWB, BUT NOT TO EXCEED DM
9,000 UNLESS AGREED TO BY THE SIGNATORIES.
4.4 PAYMENTS BY THE DOD TO THE FMOD WILL BE MADE IN DEUTSCHE MARKS IN
ACCORDANCE WITH FINANCIAL ANNEX C AND SHALL BE EXCLUSIVE OF TURNOVER
TAXES OR CUSTOM DUTIES WHICH MIGHT BE LEVIED BY THE FEDERAL REPUBLIC OF
GERMANY.
ARTICLE V
EXCHANGE OF INFORMATION
5.1 ALL EXCHANGES OF INFORMATION BETWEEN THE DOD AND THE FRG SHALL BE
SUBJECT TO THE FOLLOWING EXISTING AGREEMENTS:
A. AGREEMENT TO FACILITATE THE INTERCHANGE OF PATENT RIGHTS AND
TECHNICAL INFORMATION FOR DEFENS PURPOSES SIGNED 4 JANUARY 1956.
B. NATO AGREEMENT ON THE COMMUNICATION OF TECHNICAL INFORMATION FOR
DEFENSE PURPOSES 19 OCTOBER 1970 AND ITS IMPLEMENTING PROCEDURES. THE
DETAILS OF THIS AGREEMENT WILL BE AGREED BETWEEN THE RESPECTIVE PO'S
ONLY AS PERMITTED BY PARA 2 OF THE IMPLEMENTING PROCEDURES.
C. FMOD ON BEHALF OF ITS CONTRACTOR(S) SHALL HAVE THE RIGHT TO HOLD
THE US GOVERNMENT, AS THE RECIPIENT GOVERNMENT, DIRECTLY RESPONSIBLE
UNDER THE PROVISIONS OF ARTICLE III OF THE NATO AGREEMENT, FOR ANY
LIABILITY CLAIM THAT MAY RESULT FROM THE IMPLEMENTATION OF THIS MOU.
THE US DOD SHALL ALSO ASSUME RESPONSIBILITY FOR THE SAFEGUARDING OF
PROPRIETARY TECHNICAL DATA THAT ARE MADE AVAILABLE TO THE DOD
CONTRACTORS, IN CONNECTION WITH THE AA TANK LOAN, IN THE SAME MANNER AS
FOR PROPRIETARY TECHNICAL DATA RECEIVED BY THE DOD ITSELF. THE US DOD
WILL OBTAIN THE CONCURRENCE OF THE FMOD PRIOR TO THE INCLUSION OF ANY US
CONTRACTOR IN THIS PROGRAM.
5.2 SUBJECT TO THE US NATIONAL DISCLOSURE POLICY AND AS SOON AS
POSSIBLE, BUT IN ANY CASE WITHIN SIX MONTHS FOLLOWING THE COMPLETION OF
FLAK-PANZER TESTS, THE DOD WILL PROVIDE 10 COPIES OF ALL TES REPORTS IN
THE ENGLISH LANGUAGE, INCLUDING HIT-VAL.
5.3 TECHNICAL DATA AND OTHER INFORMATION REQUIRED FOR SUCCESSFUL
IMPLEMENTATION OF THIS PROGRAM WILL BE EXCHANGED BETWEEN THE DOD AND THE
FMOD FREE OF CHARGE FOR USE BY THE RECEIVING GOVERNMENTS FOR THE
PURPOSES OF THESE TESTS AND WILL NOT BE DIVULGED TO ANY OTHER PARTY
WITHOUT WRITTEN AUTHORITY FROM THE ORIGINATING GOVERNMENT.
5.4 WITH THIS MOU THE DOD WILL NOT ACQUIRE ANY RIGHTS IN TECHNICAL
INFORMATION, INCLUDING INVENTIONS, DESIGNS, PROCESSES AND DATA,
REGARDLESS WHETHER PROTECTED OR NOT, USED IN THE FLAK-PANZER. THIS
RESTRICTION DOES NOT LIMIT THE RIGHT OF THE DOD TO USE, DISCLOSE, OR
REPRODUCE SUCH TECHNICAL INFORMATION IF THE DOD OBTAINED RIGHTS TO
UTILIZE SUCH DATA FROM ANOTHER SOURCE, OR SUCH TECHNICAL INFORMATION IS
OR BECOMES AVAILABLE IN THE PUBLIC DOMAIN.
5.5 ANY TECHNICAL INFORMATION DISCLOSED ORALLY OR VISUALLY WILL,
WHENEVER APPROPRIATE AND PRACTICABLE, BE REDUCED TO DOCUMENTARY FORM.
THE DOD AND THE FMOD WILL TAKE ALL REASONABLE STEPS T ENSURE THAT ANY
INFORMATION DISCLOSED ORALLY OR VISUALLY AND WHICH IS NOT REDUCED TO
DOCUMENTARY FORM, IS NOT USED OR DISCLOSED EXCEPT AS PERMITTED UNDER
THIS ARTICLE FOR DOCUMENTARY INFORMATION.
ARTICLE VI
CLAIMS
6. CLAIMS ARISING FROM THE CARRYING OUT OF THESE TESTS WILL BE DEALT
WITH IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE VIII OF THE AGREEMENT
REGARDING THE STATUS OF FORCES OF PARTIES TO THE NORTH ATLANTIC TREATY
(SOFA), PROVIDED THAT:
A. ANY CIVILIAN PERSONNEL WHO PARTICIPATE IN THE PROGRAM, BUT WHO DO
NOT COME WITHIN THE DEFINITION OF "CIVILIAN COMPONENT" IN ARTICLE I OF
SOFA WILL NEVERTHELESS BE DEEMED FOR THE PURPOSE OF THIS MOU TO BE
MEMBERS OF A CIVILIAN COMPONENT ACCOMPANYING A FORCE.
B. ALL PROPERTY OWNED BY THE FRG, OR ITS CONTRACTOR(S) OR USED IN
CONNECTION WITH THE PROGRAM WILL BE DEEMED TO BE PROPERTY OWNED BY A
CONTRACTING PARTY AND USED BY ITS LAND, SEA, OR AIR ARMED SERVICES
PROVIDED THAT THIS CLAUSE DOES NOT CONFLICT WITH SOFA.
C. THE PROVISIONS OF THE SOFA WILL NOT APPLY TO CLAIMS IN RESPECT OF
DAMAGE, LOSS OR INJURY CAUSED BY VEHICLES USED BY THE FRG OR ITS
CONTRACTOR(S) AND HIRED IN THE TERRITORY OF THE RECEIVING STATE IN
CONNECTION WITH THE PROGRAM.
ARTICLE VII
VISITS
7.1 SUBJECT TO GERMAN AND SWISS NATIONAL SECURITY REQUIREMENTS, THE
FRG WILL, WITHIN REASON AND UPON REQUEST OF THE DOD, PROVIDE TO
PERSONNEL AUTHORIZED BY THE DOD, ACCESS TO FRG CONTRACTOR(S)
ESTABLISHMENTS IN WHICH WORK OR TESTS OF THE FLAK-PANZER ARE BEING
CARRIED OUT, FOR THE PURPOSE OF STUDYING SUCH WORK OR OBSERVING SUCH
TESTS. UPON REQUEST OF THE FRG THE DOD WILL, WITHIN THE SCOPE OF US
SECURITY PROCEDURES AND PROVISIONS, PROVIDE FOR VISITS OF OFFICIAL
GERMAN PERSONNEL AS WELL A OF INVOLVED CONTRACTOR(S) PERSONNEL TO THE
FLAK-PANZER DEMONSTRATION SITES IN THE US FOR THE PURPOS OF STUDYING
SUCH WORK OR OBSERVING SUCH TESTS. SUCH VISITS WILL BE ARRANGED BY THE
PO'S SO THAT TESTS OR WORK BEING CARRIED ON WILL NOT BE DISTURBED.
OFFICIAL VISIT CLEARANCES WILL BE PROCESSED THROUGH ESTABLISHED
CHANNELS.
7.2 ALL SUCH VISITING PERSONNEL WILL COMPLY WITH ALL SECURITY AND
SAFETY REGULATIONS, AND ANY TRADE SECRETS OR PROPRIETARY TECHNICAL DATA
DISCLOSED TO VISITORS WILL BE TREATED AS IF SUPPLIED TO THE GOVERNMENT
OF SUCH VISITORS.
ARTICLE VIII
SECURITY
8.1 ALL CLASSIFIED INFORMATION OR MATERIEL SUPPLIED OR EXCHANGED
UNDER THIS PROGRAM IS SUBJECT T THE US/FRG GENERAL SECURITY AGREEMENT OF
23 DECEMBER 1960 AND THE BASIC PRINCIPLES AND MINIMUM STANDARDS OF
SECURITY APPROVED BY THE NORTH ATLANTIC COUNCIL ON 2 MARCH 1955, NATO
DOCUMENT (C-M(55 15 FINAL).
8.2 INFORMATION OR MATERIEL CLASSIFIED UP TO AND INCLUDING US SECRET,
OR THE GERMAN EQUIVALENT THEREOF, MAY BE SUPPLIED OR EXCHANGED UNDER
THIS PROGRAM.
8.3 ITEMS FURNISHED BY THE FMOD TO THE DOD WILL BE MADE AVAILABLE
ONLY TO SUCH PERSONS IMMEDIATELY CONCERNED WITH THE TESTS AND THEIR
EVALUATION. NO ITEMS WILL BE MADE AVAILABLE TO OTHE PERSONS WITHOUT THE
PRIOR CONSENT OF THE FMOD.
ARTICLE IX
DURATION AND EFFECTIVE DATE
9.1 AFTER THE PERIOD OF TESTS, THE EVALUATION MAY CONTINUE UNTIL THE
EXPIRATION OF THE PERIOD REFERRED TO IN PARAGRAPH 5.2 AT WHICH TIME THE
TEST REPORTS WILL BE MADE AVAILABLE TO THE FRG. ANY FURTHER ACTIVITIES
CARRIED OUT BY DOD RELEVANT TO THE EVALUATION OF THE FLAK-PANZER WILL,
UNLESS OTHERWISE AGREED IN WRITING BETWEEN THE PARTIES HERETO, BE
REGARDED AS BEING OUTSIDE THE SCOPE OF THIS MOU.
9.2 IT IS CONTEMPLATED THAT EVERY EFFORT WILL BE MADE BY EACH OF THE
PARTIES TO COMPLETE THE PROGRAM COVERED BY THIS MOU. EITHER GOVERNMENT
MAY, HOWEVER, TERMINATE THE PROGRAM UPON WRITTEN NOTICE TO THE OTHER
GOVERNMENT. IN THE EVENT OF SUCH NOTICE OF TERMINATION THE GOVERNMENTS
SHALL PROMPTLY CONSULT TOGETHER TO REACH MUTUALLY SATISFACTORY
ARRANGEMENTS CONCERNING THE DISPOSAL AND RETURN OF EQUIPMENT,
DISTRIBUTION OF COSTS INCURRED AND ANY OTHER PROBLEMS ARISING FROM SUCH
TERMINATION. IN ANY EVENT, THE PROVISIONS OF THIS MOU CONCERNING
SECURITY AND THE USE AND PROTECTION OF INTELLECTUAL PROPERTY SHALL
REMAIN IN EFFECT INDEFINITELY.
9.3 THIS MOU WILL BE EFFECTIVE AS OF THE DATE OF THE LAST SIGNATURE.
ARTICLE X
CONCLUSION
10.1 THE ABOVE RECORD REPRESENTS THE UNDERSTANDINGS REACHED BETWEEN
THE GOVERNMENTS OF THE FEDERAL REPUBLIC OF GERMANY REPRESENTED BY THE
MINISTER OF DEFENSE, FEDERAL REPUBLIC OF GERMANY, AN THE GOVERNMENT OF
THE UNITED STATES OF AMERICA, REPRESENTED BY THE UNITED STATES
DEPARTMENT OF DEFENSE ON THE MATTERS UNDER REFERENCE.
10.2 DONE IN SIX ORIGINAL COPIES, THREE IN ENGLISH, THREE IN GERMAN,
BOTH VERSIONS HAVING EQUAL VALIDITY, SIGNED BY THE AUTHORIZED
REPRESENTATIVES OF THE TWO GOVERNMENTS.
FUER DEN BUNDESMINISTER
DER VERTEIDIGUNG IM AUFTRAG
SIGNED
BRANDT
DATUM: 24 MAR 1974
FOR THE UNITED STATES
DEPARTMENT OF DEFENSE
SIGNED
PETER G. OLENCHUK
MAJOR GENERAL, GS
DEPUTY CHIEF OF RESEARCH, DEVELOPMENT
AND ACQUISITION FOR INTERNATIONAL PROGRAMS
DATE: 1 AUGUST 1974
ANNEX "C"
US/FRG MEMORANDUM OF UNDERSTANDING CONCERNING USE OF THE FLAK-PANZER
IN HIT-VAL AND OTHER TESTS
FINANCIAL PROCEDURES
1. NO LATER THAN 30 AUGUST 1974, THE DEPARTMENT OF DEFENSE SHALL
HAVE DEPOSITED THE TOTAL AMOUNT OF DM 3,820,000.00 - (DEUTSCHE MARK
THREE MILLION EIGHT HUNDRED AND TWENTY THOUSAND) INTO THE TRUST ACCOUNT
OF FMOD - RUE III 6 - FLAKPANZER-LEIHE, TO THE CREDIT OF BUNDESKASSE
BONN, PSA KOLN, POSTSCHECKKONTO 11900. A FIRST INSTALLMENT EQUIVALENT
TO U.S. $390,000.000 (THREE HUNDRED NINETY THOUSAND DOLLARS) SHALL BE
DEPOSITED INTO THE SAME ACCOUNT WITHIN FOUR (4) WEEKS AFTER THE DATE OF
FINAL SIGNATURE. PAYMENT FOR SERVICES AND SUPPLIES PROVIDED THE DOD IN
ACCORDANCE WITH THE MOU WIL BE MADE FROM THIS ACCOUNT.
2. THE FEDERAL OFFICE OF MILITARY TECHNOLOGY AND PROCUREMENT (BWB)
WILL ADMINISTER AND ACCOUNT FOR THE FUNDS DEPOSITED AND WILL RENDER AN
ACCOUNTING MONTHLY AND AT THE END OF THE PROGRAM COVERED BY THE MOU.
3. PROGRAM DISBURSEMENTS WILL BE MADE UPON RECEIPT OF DOCUMENTATION
SIMILAR TO THAT REQUIRED FOR DISBURSEMENTS OF FRG APPROPRIATED FUNDS.
4. AT THE CONCLUSION OF THE PROGRAM ANY FUNDS REMAINING IN THE
VERWAHRKONTO AND NOT REQUIRED FOR PAYMENTS OF THE FLAKPANZER LOAN
PROGRAM COSTS WILL BE RETURNED TO THE US GOVERNMENT. IN CASE THE FUNDS
DEPOSITED ARE NOT SUFFICIENT TO COVER ALL THE COSTS TO BE BORNE BY THE
US UNDER THE TERMS OF THE MOU, REQUISITE ADDITIONAL FUNDS WILL BE
PROVIDED BY THE US.
5. FINANCIAL RECORDS FOR THE FLAKPANZER LOAN PROGRAM WILL BE MADE
AVAILABLE TO THE US AND FRG BY BWB AS REQUIRED FOR NECESSARY AUDIT AND
EXAMINATION.
GERMANY, FEDERAL REPUBLIC OF 11 JAN 1971 AND 10 APR 1972 FLITE DOCUMENT
NO. 7502418
AGREEMENT
ADVANCED PILOT TRAINING.
F-104G ADVANCED PILOT TRAINING (GAF) IN THE UNITED STATES
AN AGREEMENT BETWEEN THE FEDERAL MINISTER OF DEFENSE OF THE FEDERAL
REPUBLIC OF GERMANY AND THE UNITED STATES OF AMERICA
PREAMBLE
PURSUANT TO THE MUTUAL DEFENSE ASSISTANCE AGREEMENT SIGNED ON 30 JUNE
1955 BETWEEN THE GOVERNMENT OF THE UNITED STATES OF AMERICA AND THE
GOVERNMENT OF THE FEDERAL REPUBLIC OF GERMANY AND TO THE ARRANGEMENTS
MADE IN EXECUTION OF THAT AGREEMENT THROUGH EXCHANGE OF NOTES ON 8
OCTOBER 1956, 15 JUNE 1960, 24 OCTOBER 1960, AND 24 NOVEMBER 1961, THE
UNITED STATES AIR FORCE (USAF) WILL CONDUCT, UNDER THE CONDITIONS SET
FORTH HEREAFTER, TACTICAL FLYING TRAINING OF BUNDESWEHR PILOTS ON THE
F-104G WEAPONS SYSTEM IN THE UNITED STATES.
ARTICLE 1
(1) THE USAF WILL PROVIDE TRAINING TO AN ANNUALLY AGREED NUMBER OF
BUNDESWEHR STUDENTS IN ACCORDANCE WITH THE TRAINING PROGRAM ATTACHED AS
ANNEX 1 TO THIS AGREEMENT, IN ORDER TO PRODUCE AN ESTIMATED 60 COMBAT
CAPABLE F-104G PILOTS PER YEAR.
(2) IN ORDER TO REACH THIS OBJECTIVE, THE USAF WILL:
A. PROVIDE NECESSARY NUMBERS OF INSTRUCTOR PILOTS (IPS), SUPERVISORY
PERSONNEL, AND MAINTENANCE AND OPERATING PERSONNEL. THE IPS WILL HAVE A
TOTAL OF 1,200 HOURS' FLYING TIME, INCLUDING 500 HOUR IN JET COMBAT
AIRCRAFT AND 150 HOURS IN FIRST-LINE FIGHTER AIRCRAFT. THE IPS WILL
COMPLETE AN F-104G UPGRADE PRIOR TO ASSUMING DUTIES AS IPS. THEY WILL
NORMALLY BE ASSIGNED THIS DUTY FOR A PERIOD OF AT LEAST 3 YEARS.
B. PROVIDE COMPLETE TRAINING FACILITIES.
C. ENTER INTO SUCH CONTRACTS AS MAY BE REQUIRED TO PROVIDE TRAINING,
MAINTENANCE, AND OPERATING SERVICES IN ACCORDANCE WITH DOD AND USAF
DIRECTIVES AND UNDER THE SAME STANDARDS AS FOR THE USAF.
D. PROVIDE THE FOLLOWING SERVICES TO BUNDESWEHR TRAINING CADRE
PERSONNEL:
(I) PROVIDE ADEQUATE OFFICE SPACE AND OFFICE EQUIPMENT (EXCEPT
EXPENDABLE ITEMS).
(II) PROVIDE, TO THE EXTENT AVAILABLE, ON-BASE QUARTERS IN THE SAME
MANNER AND UNDER THE SAME RULES OF PROCEDURE AS APPLIED TO USAF
COMMISSIONED AND ENLISTED PERSONNEL OF COMPARABLE RANK. IF SUFFICIENT
ON-BASE HOUSING IS NOT AVAILABLE, THE USAF WILL PROVIDE ASSISTANCE TO
GERMAN TRAINING CADRE PERSONNEL IN LOCATING OFF-BASE HOUSING.
(III) MEDICAL AND DENTAL CARE, INCLUDING DEPENDENTS OF GERMAN
PERSONNEL, ON THE SAME BASIS AS THIS SERVICE IS PROVIDED FOR USAF
COMMISSIONED AND ENLISTED PERSONNEL OF COMPARABLE RANK.
(IV) TRANSFER TO OR BETWEEN MEDICAL FACILITIES OR EVACUATION
TRANSPORTATION TO GERMANY, IF BUNDESWEHR TRANSPORTATION IS NOT
AVAILABLE.
(V) USE OF COMMISSARIES AND NONAPPROPRIATED FUND ACTIVITIES, ALSO BY
DEPENDENTS OF GERMAN PERSONNEL, UNDER THE CONDITIONS APPLICABLE TO USAF
COMMISSIONED AND ENLISTED PERSONNEL OF COMPARABL RANK.
(3) THE NUMBER OF COMBAT CAPABLE F-104G PILOTS TO BE PRODUCED
(PARAGRAPH 1) MAY BE CHANGED BY MUTUAL AGREEMENT.
ARTICLE 2
(I) THE FEDERAL MINISTER OF DEFENSE (FMOD) OF THE FRG, ON HIS PART
WILL PROVIDE:
A. ON A LOAN BASIS AT NO COST TO THE USAF, THE REQUIRED NUMBER OF
AIRCRAFT
- FOR TRAINING AND ON-BASE MAINTENANCE;
- FOR OFF-BASE MAINTENANCE;
- AS REPLACEMENT IN THE CASE OF WAR AND TEAR AND SUPPORT ITEMS.
B. F/TF 104G AEROSPACE GROUND EQUIPMENT AND TECHNICAL DATA AS AGREED.
C. OTHER ITEMS FOR DIRECT SUPPORT OF THIS TRAINING AS AGREED.
D. THE FOLLOWING QUALIFIED CADRE PERSONNEL:
(I) ONE SQUADRON COMMANDER (L/C) WHO WILL PERFORM DUTIES UNDER THE
INSTRUCTOR FLYING TRAINING PROGRAM.
(II) NOT MORE THAN TEN OFFICERS, INCLUDING THE SQUADRON COMMANDER, AS
IPS FOR THE GERMAN STUDENTS, WHOSE TOUR OF DUTY WILL NORMALLY LAST AT
LEAST THREE YEARS AND NOT EXCEED FOUR YEARS AND WHO WILL HAVE THE
FOLLOWING QUALIFICATIONS:
- A TOTAL OF 1,200 HOURS OF FLYING TIME, INCLUDING 500 HOURS IN JET
COMBAT AIRCRAFT AND 150 HOURS IN F-104G AIRCRAFT; SYMPATHETIC
CONSIDERATION WILL BE GIVEN BY THE USAF TO ANY REQUESTS BY THE FMOD FOR
WAIVER OF THE PILOT QUALIFICATIONS REFLECTED ABOVE;
- ENGLISH KNOWLEDGE (ECL 80); AND WHO WILL NOT BE HIGHER IN RANK
THAN MAJOR. (AFTER SUCCESSFUL COMPLETION OF THEIR IP UPGRADING THESE
OFFICERS WILL BE EMPLOYED AS IPS; ONE OF THEM MAY ACT AS AN ACADEMIC
INSTRUCTOR IN ADDITION TO HIS IP DUTIES.)
(III) SIX COMMISSIONED/NONCOMMISSIONED OFFICERS FOR MILITARY TRAINING
OF THE GERMAN STUDENTS AND FOR ADMINISTRATIVE DUTIES.
E. QUALIFIED STUDENTS, IN THE AGREED NUMBERS, TO MEET CLASS
SCHEDULING.
F. ONE FIELD GRADE TECHNICAL STAFF OFFICER (NON-FLYING STATUS) TO
COORDINATE LOGISTICAL ACTIVITIES UNDER THE PROVISIONS OF ARTICLE 6 AND
ANNEX 2 TO THIS AGREEMENT.
(2) ONLY U.S. IPS OF THE 58 TACTICAL FIGHTER TRAINING WING WHO ARE
REQUIRED FOR CONDUCTING AND SUPERVISING FLYING TRAINING ACTIVITIES AND
PILOTS RECEIVING IP TRAINING (60 HOURS) IN PREPARATION FOR THEIR IP
DUTIES UNDER THIS AGREEMENT AND TWO MEMBERS OF THE TACTICAL AIR COMMAND
STANDARDIZATIO BOARD WILL BE ENTITLED TO USE THE AIRCRAFT FURNISHED ON A
LOAN BASIS BY THE FMOD.
FLYING TIME MUST BE STRICTLY CONTROLLED. FLIGHTS MAY BE CARRIED OUT
ONLY FOR TRAINING GERMAN STUDENTS, UNDER THE IP TRAINING PROGRAM AND FOR
RE-ESTABLISHING THE SERVICE-ABILITY OF THE AIRCRAFT (TEST AND FERRY
FLIGHTS).
OCCASIONAL ORIENTATION FLIGHTS FOR GERMAN VISITORS WILL BE
PERMISSIBLE ONLY UPON WRITTEN APPROVAL BY THE FMOD.
(3) THE NUMBER OF PERSONNEL TO BE PROVIDED IN ACCORDANCE WITH (1) D.
(II) AND (III) AND THE RAN OF THE SQUADRON COMMANDER CAN BE CHANGED BY
MUTUAL AGREEMENT.
ARTICLE 3
(1) THE PROVISIONS OF AFM 50-29, EXCEPT AS PROVIDED HEREIN, APPLY TO
THE TRAINING OF THE GERMAN STUDENTS.
A. THE GERMAN SQUADRON COMMANDER WILL BE THE SUPERIOR OFFICER OF THE
GERMAN CADRE PERSONNEL AND OF THE GERMAN STUDENTS. IN THIS CAPACITY HE
WILL BE RESPONSIBLE FOR:
(I) TAKING ALL DISCIPLINARY ACTIONS IN CASES INVOLVING GERMAN
PERSONNEL.
(II) MILITARY INSPECTIONS OF GERMAN PERSONNEL AND THEIR QUARTERS.
(III) ADHERENCE TO TRAINING REGULATIONS BY THE GERMAN STUDENTS.
(IV) TREATING COMPLAINTS LODGED BY GERMAN PERSONNEL.
B. IN THE FRAMEWORK OF COOPERATION WITH THE USAF, THE GERMAN SQUADRON
COMMANDER WILL HAVE THE FOLLOWING RIGHTS AND OBLIGATIONS.
HE WILL:
(I) ACT AS A VOTING MEMBER OF THE FACULTY BOARD.
(II) ASSIST AS AN ADVISOR IN THE SELECTION AND ELIMINATION OF
STUDENTS.
(III) ASSIST IN ORIENTING NEWLY ARRIVED STUDENTS.
(IV) ACT AS A NONVOTING MEMBER OF THE GROUND ACCIDENT BOARD OR GROUP
BOARD.
(V) PARTICIPATE IN AIRCRAFT ACCIDENT INVESTIGATIONS AS AN OBSERVER.
(VI) ADVISE THE FOREIGN TRAINING OFFICER OF THE EDUCATIONAL
BACKGROUND AND TRAINING HABITS OF TH GERMAN STUDENTS.
(VII) ADVISE THE FOREIGN TRAINING OFFICER OF ANY NATIONAL CUSTOMS OR
HABITS WHICH SHOULD BE RECOGNIZED.
(VIII) ASSIST IN OVERCOMING LANGUAGE DIFFICULTIES AND APPOINT AN
OFFICER INTERPRETER IF DESIRED BY THE USAF WING COMMANDER OR HIS DEPUTY.
(IX) SUBMIT FORMAL ADMINISTRATIVE REPORTS TO THE WING COMMANDER OR
HIS DESIGNATED REPRESENTATIVE FOR SECURITY CLEARANCE REVIEW.
(X) COMPLY WITH ALL INSTRUCTIONS ISSUED BY THE USAF WING COMMANDER
UNDER THE FLYING TRAINING PROGRAM.
(XI) INFORM THE USAF WING COMMANDER OF THE MEASURES TAKEN BY HIM IN
THE CASES SPECIFIED UNDER A. (I) AND (IV), IF THE CASE IS DIRECTLY
RELATED TO INSTRUCTION.
C. THE USAF WILL:
(I) MAKE AVAILABLE TO THE GERMAN SQUADRON COMMANDER FOR REVIEW ANY
PERSONNEL DATA, TRAINING DATA AND FACULTY BOARD ACTIONS REQUESTED BY HIM
CONCERNING GERMAN STUDENTS.
(II) NOTIFY THE GERMAN SQUADRON COMMANDER IN ADVANCE OF ALL FLYING
AND TRAINING PROCEDURAL CHANGES.
(III) MAKE KNOWN TO THE GERMAN SQUADRON COMMANDER WITHOUT DELAY
REPORTS ON BREACHES OF DISCIPLIN BY GERMAN PERSONNEL.
D. GERMAN PERSONNEL WILL BE EXTENDED THE SAME PRIVILEGES AS
COMPARABLE USAF PERSONNEL AS FAR AS GERMAN AND U.S. LAW PERMITS.
E. LEAVE REQUESTS MUST BE INITIALLY APPROVED BY THE APPROPRIATE
SUPERVISOR (FLT CMDR/OPS OFFICER), WHO WILL FORWARD THEM WITH HIS
COMMENTS TO THE GERMAN SQUADRON COMMANDER. LEAVE WILL BE GRANTED IN
LINE WITH APPROPRIATE CURRENT GERMAN LEAVE REGULATIONS. THE GERMAN
SQUADRON COMMANDER WILL SUBMIT TO THE USAF WING COMMANDER OR HIS
DESIGNATED REPRESENTATIVE THE APPLICABLE GERMAN LEAVE REGULATION AND
INFORM HIM OF ANY AMENDMENTS TO THIS REGULATION.
F. WHEN A STUDENT IS HOSPITALIZED FOR A PERIOD EXPECTED TO EXCEED
SEVEN DAYS, OR BECOMES MISSING OR BECOMES SERIOUSLY ILL OR INJURED, OR
DIES, CASUALTY MESSAGES WILL BE SUBMITTED ACCORDING TO THE PROVISIONS OF
AFM 30-4, AND THE GERMAN SQUADRON COMMANDER WILL BE INCLUDED ON THE LIST
OF INFORMATION ADDRESSEES.
(2) THE FOLLOWING PROVISIONS OF AFM 50-29 WILL NOT APPLY:
A. PROVISIONS RELATING TO HOUSING OF TRAINEES AS A GROUP.
B. PROVISIONS RELATING TO REPORTS ON INTENTION TO MARRY.
(3) IN THE EVENT OF CHANGES TO AFM 50-29, THE PARTIES WILL AMEND THIS
ARTICLE BY MUTUAL AGREEMEN IF REQUIRED.
ARTICLE 4
(1) THE FMOD WILL PAY SALARIES, TRAVEL AND MOVING COSTS FOR ALL
GERMAN PERSONNEL DIRECTLY TO SUC PERSONNEL. IT WILL ALSO ENSURE
SHIPMENT, AT ITS COSTS, OF REMAINS OF GERMAN ARMED FORCES PERSONNEL TO
GERMANY.
(2) THE FMOD WILL PAY TO THE USAF THE FOLLOWING COSTS:
A. TUITION RATE FMS CASES:
(I) USAF MILITARY PAY AND ALLOWANCES FOR THOSE PERSONNEL WHOSE
ACTIVITY IS DIRECTLY CONNECTED WITH THE TRAINING OF GERMAN STUDENTS.
(II) USAF CIVILIAN PAY AND ALLOWANCES FOR THOSE PERSONNEL WHOSE
ACTIVITY IS DIRECTLY CONNECTED WITH THE TRAINING OF GERMAN STUDENTS.
(III) OTHER COSTS FOR OPERATION AND MAINTENANCE OF THE TRAINING
FACILITIES MENTIONED UNDER (2) B OF ARTICLE 1, IN ACCORDANCE WITH THE
EXTENT OF USE BY THE BUNDESWEHR.
(IV) OTHER DIRECT OUT-OF-POCKET OPERATING COSTS DIRECTLY ATTRIBUTABLE
TO THE TRAINING OF THE GERMAN STUDENTS, INCLUDING THOSE COSTS WHICH ARE
INCREMENTAL OR ADDITIVE AND WHICH HAVE OCCURRED IN ADDITION TO USUAL
COSTS AND SPECIFICALLY BECAUSE OF THE GERMAN TRAINING PROGRAM.
B. OTHER FMS CASES. (THE FOLLOWING ARE COSTS WHICH MAY OCCUR ON
ACCOUNT OF MAINTENANCE, REPAIR, REPLACEMENT, OR MODIFICATION OF THE
EQUIPMENT ON LOAN FROM THE FMOD:
(I) CONTRACTUAL COSTS OF BASE MAINTENANCE (INCLUDING MATERIAL
CONSUMED IN MAINTENANCE) OF EQUIPMENT ON LOAN FROM THE FMOD.
(II) ATTRITION AIRCRAFT, IF APPLICABLE.
(III) OVERHAUL OF ENGINES AND IRAN OF AIRCRAFT.
(IV) PROCUREMENT AND INSTALLATION COSTS OF CLASS IV MODIFICATIONS TO
AIRCRAFT.
(V) PROCUREMENT AND INSTALLATION COSTS OF CLASS V MODIFICATIONS, AS
AGREED.
(VI) PROCUREMENT OF AGE WHICH IS DETERMINED BY EITHER THE USAF OR THE
FMOD TO BE REQUIRED TO REPLACE EXISTING AGE DUE TO WEAROUT OR
OBSOLESCENCE. FMOD ASSETS WILL BE SCREENED FOR AVAILABILITY PRIOR TO
INITIATION OF PROCUREMENT ACTION BY THE USAF OR ITS AGENTS.
(VII) OTHER EQUIPMENT, AS AGREED.
(VIII) TERMINATION COSTS, UPON CONCLUSION OF THE PROGRAM.
C. THE FOLLOWING ARE COSTS THAT MAY OCCUR THROUGH SUPPORT OF GERMAN
PERSONNEL.
(I) CLEANING COSTS FOR BILLETS USED BY GERMAN FLYING STUDENTS.
(II) COSTS OF TRANSFER TO AND BETWEEN MEDICAL FACILITIES OR
TRANSPORTATION TO GERMANY.
(3) BY 1 FEBRUARY AT THE LATEST, EVERY YEAR, THE USAF WILL SEND TO
THE FMOD A LETTER OF OFFER SPECIFYING THE ESTIMATED TRAINING TUITION
RATES FOR THE NEXT FISCAL YEAR (PARAGRAPH 2A.), SETTING FORTH THE
VARIOUS COST ELEMENTS. THE COST ESTIMATE OF THE LETTER OF OFFER WILL BE
BASED ON THE AGREED NUMBER OF STUDENTS TO BE TRAINED, THE FLYING HOUR
DATA AND BEST COST DATA AVAILABLE AT THE TIME. THE FMOD WILL EXAMINE
THE LETTER OF OFFER AND WILL INFORM THE USAF BY 30 APRIL OF THE
ACCEPTANCE OF THE OFFER OR POSSIBLE OBJECTIONS. IN THE LATTER CASE, THE
USAF WILL ENDEAVOUR TO TAK REMEDIAL MEASURES IN RESPONSE TO THE
OBJECTIONS OF THE FMOD.
WITHIN 18 MONTHS AFTER THE LAST STUDENT GRADUATES UNDER A SPECIFIC
FMS TUITION RATE CASE, THE USA WILL SUBMIT TO THE FMOD A FINAL BILL
BROKEN DOWN INTO THE COST ELEMENTS LISTED UNDER (2) ABOVE.
(4) SEPARATE LETTERS OF OFFER AND ACCEPTANCE COVERING THE COSTS
MENTIONED UNDER (2)B. WILL BE EXCHANGED BETWEEN THE USAF AND THE FMOD.
(5) THE COSTS MENTIONED UNDER (2)C. WILL, IF NECESSARY, BE BILLED
UNDER PROCEDURES STILL TO BE AGREED UPON.
(6) UPON ACCEPTANCE OF THE OFFER, THE FMOD AGREES TO REIMBURSE THE
USAF FOR ACTUAL COSTS INCURRE UNDER THE LETTER OF OFFER, EVEN IF THESE
COSTS EXCEED THE COSTS CONTAINED IN THE LETTER OF OFFER.
ARTICLE 5
(1) THE USAF SHALL PLACE USAF MARKINGS ON THE LOANED AIRCRAFT AND
MAINTAIN AND OPERATE THEM AS USAF AIRCRAFT FOR THE ENTIRE PERIOD OF THIS
AGREEMENT.
(2)A. SHOULD THE PROVISIONS OF ARTICLE VIII, PARAGRAPH 1, OF THE
NATO STATUS OF FORCES AGREEMENT NOT BE APPLICABLE IN A PARTICULAR CASE,
THE USAF WILL BE RESPONSIBLE FOR DAMAGE OR LOSS OF LOANED EQUIPMENT ONLY
IN CASES OF WILLFUL MISCONDUCT OR GROSS NEGLIGENCE ON THE PART OF USAF
PERSONNEL, IN WHICH CASE THE USAF WILL HAVE THE OPTION OF REPAIR,
REPLACEMENT, OR PAYMENT OF THE COSTS OF REPAIR OR OF THE FAIR MARKET
VALUE OF THE EQUIPMENT, LESS SALVAGE VALUE, IF ANY, AT THE TIME OF
DAMAGE OR LOSS.
B. SHOULD A DISPUTE ARISE AS TO WHETHER ARTICLE VIII, PARAGRAPH 1, OF
THE NATO STATUS OF FORCES AGREEMENT IS APPLICABLE IN A PARTICULAR CASE,
AND THE PARTIES TO THIS AGREEMENT ARE UNABLE TO AGREE THE PARTIES WILL
SUBMIT THE MATTER TO AN APPROPRIATELY HIGH LEVEL IN THEIR RESPECTIVE
GOVERNMENTS FOR RESOLUTION.
(3) IF LOANED EQUIPMENT HAS BECOME UNSERVICEABLE DUE TO ORDINARY WEAR
AND TEAR AND/OR TECHNOLOGICAL CHANGES, THE FMOD WILL AUTHORIZE
REPLACEMENT OF THIS EQUIPMENT OR FURNISH IT FROM FMO STOCKS, WHEN
REPLACEMENT IS CONSIDERED NECESSARY FOR THE TRAINING OF THE GERMAN
STUDENTS.
(4) THE FMOD WILL DETERMINE WHETHER DISPOSAL ACTION IS TO BE TAKEN ON
CONDEMNED OR OBSOLETE EQUIPMENT, AS PROVIDED IN ANNEX 2 TO THIS
AGREEMENT.
ARTICLE 6
(1) THE USAF WILL BE RESPONSIBLE FOR THE MAINTENANCE OF THE AIRCRAFT
AND OTHER EQUIPMENT LOANED FROM THE FMOD.
MAINTENANCE REQUIREMENTS BEYOND THE CAPABILITY OF THE BASE, SUCH AS
OVERHAUL OF JET ENGINES AND IRAN OF AIRCRAFT, WILL BE THE SUBJECT OF
SEPARATE AGREEMENTS.
(2) THE USAF WILL ACCOMPLISH, UNDER ITS OWN RESPONSIBILITY, CLASS IV
A (SAFETY OF FLIGHT) AND CLASS IV B (MISSION ESSENTIAL) MODIFICATIONS,
AS REQUIRED. IF THE FMOD REQUESTS INSTALLATION OF A MODIFICATION, THE
USAF WILL INFORM THE FMOD WITHIN 30 DAYS WHETHER IT WILL COMPLY WITH THE
REQUEST. JUSTIFICATION WILL BE PROVIDED IF THE REQUEST IS REFUSED. THE
MODIFICATION KITS AND PARTS REQUIRED FOR CARRYING OUT THE MODIFICATION
REQUESTED BY THE GAF WILL BE FURNISHED BY THE FMOD. CLASS V
MODIFICATIONS WILL BE SUBJECT TO SEPARATE NEGOTIATIONS.
(3) THE USAF WILL MAINTAIN ALL MAINTENANCE RECORDS ON LOANED
EQUIPMENT IN ACCORDANCE WITH ESTABLISHED USAF SYSTEMS AND PROCEDURES FOR
STANDARD ITEMS OF SUPPLY. IN THE AIRCRAFT SERVICE RECORDS, THE USAF
WILL DOCUMENT THE IMPLEMENTATION OF TA, MAKING CROSS-REFERENCE TO THE
RESPECTIVE TO, SB, ECP, ETC. THIS WILL BE ACCOMPLISHED BY CONTINUED
PROVISION OF K-75 OR SIMILAR APPLICABLE REPORTS.
THE USAF WILL INFORM THE FMOD OF:
- TOTAL LOSSES (INDICATING THE FACTORY SERIAL NUMBER);
- DAMAGE TO AIRCRAFT DUE TO ACCIDENTS (INDICATING THE FACTORY SERIAL
NUMBER AND THE PROBABLE TIME REQUIRED FOR REPAIR).
THE USAF WILL FURTHERMORE SUBMIT TO THE FMOD THE FOLLOWING REPORTS
(IN DUPLICATE):
- MONTHLY REPORTS ON THE EXECUTION OF TECHNICAL CHANGES ON AIRCRAFT
(ECP, TO, TA, INDICATING THE FACTORY SERIAL NUMBER).
- MONTHLY REPORTS ON THE EXECUTION OF ENGINE OVERHAULS, INCLUDING
MODIFICATIONS (INDICATING THE FACTORY SERIAL NUMBER).
- MONTHLY REPORTS ON HOURS FLOWN BY AIRCRAFT PER MONTH.
- EXPERIENCE AND COMPLAINT REPORTS ON INCIDENTS TO BE REPORTED IN
ACCORDANCE WITH AIR FORCE TO SYSTEM INDICATING EVALUATION AND FOLLOW-UP
REMEDIAL MEASURES.
(4) THE USAF WILL PERMIT THE DESIGNATED GERMAN REPRESENTATIVES ACCESS
TO ALL PROPERTY RECORDS, INCLUDING INCREASES, DECREASES, AND
CONDEMNATIONS, ON PROPERTY TRANSACTIONS AT LUKE AIR FORCE BASE
CONCERNING THE GERMAN PILOT TRAINING PROGRAM.
(5) THE PROCEDURE TO BE FOLLOWED FOR THE EXCHANGE AND DISPOSAL OF
EXCESS AGE AND SPARES, HAS BEE SPECIFIED IN ANNEX 2 TO THIS AGREEMENT.
(6) IN ORDER TO ACHIEVE A DEGREE OF STANDARDIZATION OF THE LOANED
AIRCRAFT TO THE CONFIGURATION OF THE F/TF-104G STATIONED IN THE FRG, AND
CONSEQUENTLY TO IMPROVE THE OPERATIONAL CAPABILITY AND FLYING SAFETY,
SELECTED IMPROVEMENTS OF THE SUB-SYSTEMS BY THE GAF PECULIAR
MODIFICATIONS MAY BE ACCOMPLISHED UPON REQUEST FROM THE FMOD. THE FMOD,
IN PRINCIPLE, WILL ONLY REQUEST SUCH IMPROVEMENTS/MODIFICATIONS WHICH
WILL NOT REQUIRE ESSENTIAL CHANGES TO THE AIRFRAME, AND WHICH WILL NOT
ADVERSELY AFFECT THE FLIGHT PERFORMANCE AND FLYING CHARACTERISTICS OF
THE AIRCRAFT.
WITH REFERENCE TO THESE IMPROVEMENTS/MODIFICATIONS THE FMOD WILL
ASSUME:
A. RESPONSIBILITY FOR IMPLEMENTING THE IMPROVEMENTS/MODIFICATIONS
(IMPLEMENTATION ITSELF ONLY INSOFAR AS THE USAF WILL NOT BE IN A
POSITION TO PROVIDE BECAUSE OF TECHNICAL REASONS), AND SUPPLYING THE
REQUIRED MODIFICATION KITS AND PARTS.
B. RESPONSIBILITY FOR THE MATERIAL MANAGEMENT CONTROL OF THE AFFECTED
REQUIREMENTS FOR THE GAF PECULIAR SYSTEMS;
C. MATERIAL SUPPORT FOR THE CONCERNED SUB-SYSTEM AND/OR ITS
SUB-SYSTEM AND/OR ITS IMPROVED/MODIFIED PARTS, ENGINEERING AND TECHNICAL
IMPROVED/MODIFIED COMPONENTS, INCLUDING THE ADDITIONAL DOCUMENTATION
REQUIRED AS A RESULT OF THE IMPROVEMENT/MODIFICATION;
D. RESPONSIBILITY FOR MAINTENANCE OF THE AFFECTED SUB-SYSTEM AND/OR
ITS IMPROVED/MODIFIED PARTS INSOFAR AS THIS MAINTENANCE IS BEYOND THE
CAPABILITY OF THE BASE.
IF THE USAF IS OF THE OPINION, REGARDING A PLANNED
IMPROVEMENT/MODIFICATION THAT THE REQUIREMENTS OF THE FIRST
SUB-PARAGRAPH ARE NOT APPLICABLE, THE PARTIES TO THE AGREEMENT WILL
ENTER INTO NEGOTIATION WITH THE OBJECTIVE OF ACHIEVING AGREEMENT IN THE
ASSESSMENT OF THE PROJECT. THE FMOD WILL ASSUME ALL COSTS RESULTING
FROM MAINTENANCE CHANGE OVER, RE-PROCUREMENT, INCLUDING THE COSTS O A
POSSIBLE TERMINATION OF THE CONTRACT.
(7) THE USAF WILL RETURN TO THE FMOD UPON TERMINATION OF THIS
AGREEMENT, THE LOANED EQUIPMENT (I.E., AIRCRAFT, (ILLEGIBLE) FLIGHT
SIMULATOR, AGE, AND SIMILAR EQUIPMENT) WHICH IS THEN IN THE ACCOUNTS OF
THE USAF. THIS WILL INCLUDE ALL LOANED EQUIPMENT EXCEPT:
A. THAT PREVIOUSLY RETURNED TO GERMANY UNDER THE PROVISIONS OF ANNEX
2 TO THIS AGREEMENT.
B. THAT PROCESSED FOR DISPOSAL UNDER THE PROVISIONS OF ANNEX 1 TO
THIS AGREEMENT: IN THIS EVENT THE LIABILITY OF THE USAF IS LIMITED TO
REIMBURSEMENT TO THE FMOD FOR THE SALVAGE VALUE (ILLEGIBLE)
C. EQUIPMENT LOST UNDER CONDITIONS OTHER THAN THOSE DESCRIBED IN
ARTICLE 5, PARAGRAPH (2).
D. EQUIPMENT LOST OR DAMAGED UNDER CONDITIONS IN WHICH THE USAF IS
RESPONSIBLE UNDER THE PROVISIONS OF ARTICLE 5, PARAGRAPH (2), AND THE
USAF DOES NOT TAKE THE OPITION OF REPAIR, REPLACEMENT, OR PAYMENT OF THE
COSTS OF REPAIR. IN THIS EVENT, THE USAF WILL CREDIT ACCOUNT "M" OF THE
U.S. TREASURY WITH THE FAIR MARKET VALUE OF THE EQUIPMENT, LESS SALVAGE
VALUE, AT THE TIME OF DAMAGE OR LOSS.
(8)A. THE USAF WILL RETURN TO THE FMOD UPON TERMINATION OF THIS
AGREEMENT, F/TF-104G SPARE PARTS VALUED AT THE DELIVERED DOLLAR VALUE OF
THE FMS CASE UNDER WHICH THE INITIAL SPARE PARTS WERE DELIVERED TO LUKE
AFB, AS ADJUSTED BY THE VALUE OF ITEMS PREVIOUSLY RETURNED TO GERMANY,
THOSE RECEIVED FROM GERMANY, OR THOSE PROCESSED FOR DISPOSAL UNDER THE
PROVISIONS OF ANNEX 2 TO THIS AGREEMENT. THOSE SPARE PARTS ITEMS
RETURNED WILL BE DRAWN FROM THE PROPERTY ACCOUNT, AT LUKE AFB, WHICH IS
UTILIZED TO PROVIDE SPARE PARTS SUPPORT FOR THIS PROGRAM. SPARE PARTS
RETURNED WILL BE PRICED AT CURRENT STOCK LIST PRICES AT TIME OF RETURN.
TO THE EXTENT REQUIRED BY THE USAF, AND AT ITS OPTION, PART OF THIS
OBLIGATION MAY BE SATISFIED BY MONETARY PAYMENT TO THE FMOD FOR ANY
DIFFERENCE BETWEEN THE DOLLAR LIABILITY DESCRIBED ABOVE AND THE VALUE OF
THE SPARE PARTS RETURNED UPON TERMINATION OF THE PROGRAM.
B. THE USAF OBLIGATION FOR RETURN OF SPARE PARTS REMAINS CONSTANT AT
THE VALUE OF THE SPARE PART INITIALLY STOCKED FOR THE PROGRAM, SUBJECT
ONLY TO ADJUSTMENT UNDER THE PROVISIONS OF ANNEX 2 TO THIS AGREEMENT.
THIS CONDITION EXISTS FROM PREVIOUS FMOD PAYMENTS FOR FOLLOW-ON SPARES,
BASED ON ACTUAL CONSUMPTION, AS A PART OF THE TUITION COST OF TRAINING.
CHARGES TO THE FMOD FOR FOLLOW-ON SPARES CONSUMPTION ARE SUBJECT TO
ADJUSTMENT UNDER THE PROVISIONS OF ARTICLE 4, PARAGRAPH (3) PRIOR TO 1
JULY 1971, AND CHARGES SUBSEQUENT TO THAT DATE WILL BE MADE DIRECTLY
UPON CONSUMPTION AS PROVIDED BY ARTICLE 4, PARAGRAPH (2)B(I).
ARTICLE 7
THE "AGREEMENT BETWEEN THE PARTIES TO THE NORTH ATLANTIC TREATY
REGARDING THE STATUS OF THEIR FORCES" SIGNED IN LONDON ON 19 JUNE 1951,
SHALL APPLY WITH RESPECT TO THIS AGREEMENT.
ARTICLE 8
(1) THIS AGREEMENT SHALL BECOME EFFECTIVE ON DATE OF SIGNATURE BY
BOTH PARTIES, EXCEPT THAT THE REVISED REIMBURSEMENT SYSTEM OUTLINED IN
ARTICLE 4(2) WILL BECOME EFFECTIVE 1 JULY 1971, AND REMAIN IN EFFECT
UNTIL 30 JUNE 1975. AFTER THIS DATE THE AGREEMENT IS AUTOMATICALLY
EXTENDED FROM YEAR TO YEAR, UNTIL THE AGREEMENT IS TERMINATED BY EITHER
PARTY, GIVING TO THE OTHER NOT LESS THAN SIX MONTHS' NOTICE OF
TERMINATION PRIOR TO THE END OF ANY EXTENDED YEAR. THIS AUTOMATIC
EXTENSION PROVISION SHALL NOT APPLY IF EITHER PARTY SERVES NOTICE TO THE
OTHER ON OR BEFORE 31 DECEMBER 1974.
EITHER PARTY MAY CANCEL THE AGREEMENT AT ANY EARLIER DATE UPON SIX
MONTHS' NOTICE. IT WILL IN THIS INSTANCE ASSUME RESPONSIBILITY FOR ALL
COSTS THE OTHER PARTY MAY INCUR ON ACCOUNT OF SUCH CANCELLATION.
(2) AMENDMENTS TO THIS AGREEMENT BY MUTUAL AGREEMENT OF THE PARTIES
WILL BE POSSIBLE AT ANY TIME
(3) THE OBLIGATIONS OF BOTH PARTIES TO THIS AGREEMENT ARE SUBJECT TO
THE AVAILABILITY OF FUNDS.
DONE IN BONN THIS 11TH DAY OF JANUARY 1971, IN THE ENGLISH AND GERMAN
LANGUAGES, BOTH TEXTS BEING EQUALLY AUTHORITATIVE.
SIGNED
FOR THE UNITED STATES
SIGNED
FOR THE FEDERAL MINISTER OF DEFENSE OF THE FEDERAL REPUBLIC OF
GERMANY
ANNEX 1
FLYING TRAINING
CONCEPT OF OPERATION; GERMAN AIR FORCE
F-104G ADVANCED PILOT TRAINING
THIS DOCUMENT IS A STATEMENT OF CONCEPT AS PERTAINS TO THE CONDUCT OF
THE F-104G ADVANCED PILOT TRAINING FOR THE FEDERAL REPUBLIC OF GERMANY.
IT ENCOMPASSES THE CONDUCT OF FLIGHT TRAINING AND ASSOCIATED ACADEMIC
TRAINING, DESCRIBES IN GENERAL TERMS THE TRAINING AND THE ORGANIZATION
DESIRED BY THE TACTICAL AIR COMMAND TO CONDUCT THIS TRAINING.
1. USAF/GAF ADVANCED FIGHTER COURSE CURRICULUM (TAC SYLLABUS
111104MB).
A. FLYING TRAINING - 125 HOURS.
B. ACADEMIC AND GROUND TRAINING - APPROXIMATELY 356 HOURS OF
CLASSROOM INSTRUCTION DESIGNED TO COMPLEMENT THE FLIGHT TRAINING.
C. COURSE DURATION - 135 TRAINING DAYS.
2. TRAINING ORGANIZATION
A. BASIC ORGANIZATION
(1) FLYING TRAINING WILL BE THE RESPONSIBILITY OF THE TACTICAL AIR
COMMAND THROUGH THE TACTICAL FIGHTER TRAINING WING AT LUKE AIR FORCE
BASE, ARIZONA.
(2) GAF TRAINING COMMAND, USA, WILL BE RESPONSIBLE FOR ADMINISTRATING
GAF STUDENTS UNDER PROVISIONS OF AFM 50-29, AS INDICATED IN ARTICLE 3 OF
THIS AGREEMENT.
(A) THE GERMAN STUDENT SQUADRON WILL HAVE A GERMAN APPOINTED SQUADRON
COMMANDER, WHO WILL EXERCISE COMMAND AUTHORITY AND MILITARY DISCIPLINE
CONTROL OVER ALL GERMAN PERSONNEL IN ACCORDANCE WITH GERMAN LAWS AND
REGULATIONS NOT INCONSISTENT WITH THE APPLICABLE PROVISIONS OF THE NATO
STATUS OF FORCES AGREEMENT. THE GERMAN STUDENT SQUADRON COMMANDER WILL
PROVIDE THE MILITARY ADMINISTRATIO FOR ALL INTERNAL ACTIONS PERTAINING
TO GERMAN PERSONNEL AND WILL INSURE THAT STUDENTS AND GAF INSTRUCTORS
COMPLY WITH ACADEMIC AND FLYING SCHEDULES ESTABLISHED BY THE USAF WING
COMMANDER OR HIS DESIGNATED REPRESENTATIVE. THE GAF STUDENT SQUADRON
WILL BE ATTACHED TO THE USAF TFTW FOR ADMINISTRATIVE SUPPORT.
(3) COMBAT CREW TRAINING SQUADRONS - AS A MINIMUM, EACH FLIGHT WILL
HAVE ATTACHED ONE GERMAN MILITARY TRAINING OFFICER (MTO) WHO IS A
QUALIFIED FLIGHT INSTRUCTOR PILOT. THESE GERMAN MTOS WILL BE ATTACHED
IN THEIR FUNCTION AS INSTRUCTOR PILOT (IPS) TO APPROPRIATE FLIGHTS IN
THE USAF COMBAT CREW TRAINING SQUADRONS. A TOTAL OF TEN GERMAN IPS,
INCLUDING THE GAF SQUADRON COMMANDER, IS THE MAXIMUM NUMBER THAT CAN BE
SUPPORTED UNDER THE EXISTING FLYING HOUR PROGRAM. THE USAF FLIGHT
COMMANDERS WILL BE RESPONSIBLE FOR SUPERVISION OF THEIR FLYING
PROFICIENCY TO ASSURE APPROPRIATE STANDARDS AS IPS ARE MAINTAINED. FOR
THEIR FUNCTIONS AS MTOS, THEY WILL BE UNDER THE COMMAND AUTHORITY OF THE
GERMAN STUDENT SQUADRON COMMANDER.
3. QUALITY CONTROL - CONTROL OF TRAINING QUALITY WILL BE IN
ACCORDANCE WITH CURRENTLY ESTABLISHE TAC PROCEDURES. STANDARDIZATION
WILL BE IN ACCORDANCE WITH TACM 55-104. FLIGHT CHECKS MAY BE
ADMINISTERED BY USAF OR GAF IPS IN ACCORDANCE WITH AFM 60-2.
4. QUALIFICATIONS OF GAF INSTRUCTOR PILOTS
A. SEE BASIC AGREEMENT, PARAGRAPH (1)D.(II).
ARTICLE 2.
B. GAF INSTRUCTORS SHOULD BE IN PLACE AT LUKE AIR FORCE BASE IN
SUFFICIENT TIME TO PERMIT REQUISITE IP UPGRADING PRIOR TO ASSUMING DUTY
AS IPS.
ANNEX 2
PROCEDURE FOR EXCHANGE OF GERMAN OWNED EXCESS MATERIEL BETWEEN GERMAN
PILOT TRAINING PROGRAM (GPTP) ASSETS AT LUKE AIR FORCE BASE AND
IN-COUNTRY ASSETS
SCOPE: EXCHANGE OF MATERIEL LIMITED TO:
1. INITIAL SPARES, REPLENISHMENT SPARES, AND AGE DELIVERED IN
SUPPORT OF THE GPTP AT LUKE AIR FORCE BASE, WHICH ARE DETERMINED TO BE
EXCESS TO THAT PROGRAM.
2. GERMAN AIR FORCE (GAF) ASSETS WITHIN THE FEDERAL REPUBLIC OF
GERMANY (FRG) REQUIRED TO SUPPOR THE GPTP AT LUKE AIR FORCE BASE.
3. NORMALLY APPLICABLE TO SERVICEABLE ASSETS ONLY.
U.S. LIABILITY:
1. THE INITIAL AMOUNT OF U.S. LIABILITY WILL BE THE FINAL DELIVERED
VALUE OF FMS CASES GY-BHN AN GY-BHP.
2. U.S. LIABILITY WILL BE DECREASED WHEN ITEMS DELIVERED TO LUKE AIR
FORCE BASE IN SUPPORT OF TH GPTP ARE SHIPPED TO THE FRG AND WHEN ITEMS
WHICH ARE NOT DESIRED BY THE FRG ARE PROCESSED TO DISPOSAL.
3. U.S. LIABILITY WILL BE INCREASED WHEN ITEMS ARE RECEIVED AT LUKE
AIR FORCE BASE FROM THE FRG IN SUPPORT OF THE GPTP AND WHEN CREDIT IS
APPLIED FOR GPTP ASSETS PROCESSED TO DISPOSAL.
4. THE INITIAL VALUE OF U.S. LIABILITY, ADJUSTED BY
INCREASES/DECREASES, REPRESENTS THE DOLLAR VALUE OF SPARES ITEMS AND THE
QUANTITIES OF LINE ITEMS OF AGE WHICH WILL BE PROVIDED TO THE FRG UPO
CONCLUSION OF THE GPTP.
5. U.S. LIABILITY WILL BE INCREASED BY THE VALUE OF NEW OR
REPLACEMENT AGE ITEMS, UPON DELIVERY OF THESE ITEMS TO LUKE AIR FORCE
BASE, PROVIDED THESE ITEMS ARE PROCURED UNDER A SUCCESSOR CASE TO
GY-BMP.
TRANSPORTATION:
ALL TRANSPORTATION AND PACKAGING COSTS WILL BE BORNE BY THE FRG.
ITEMS SHIPPED FROM LUKE AIR FORCE BASE WILL BE FORWARDED TO DESIGNATED
FREIGHT FORWARDER VIA COMMERCIAL COLLECT BILL OF LADING UPON DIRECTION
OF THE GERMAN MILITARY REPRESENTATIVE (GMR). MATERIAL SHIPPED FROM THE
FRG TO LUKE AIR FORCE BASE WILL BE PREPAID.
ACCOUNTABILITY:
AN AUDITABLE RECORD WILL BE ESTABLISHED AND MAINTAINED BY SMAMA.
THIS RECORD WILL BE THE BASIS FOR FINAL ADJUSTMENT OF U.S. LIABILITY
UPON CONCLUSION OF THE GPTP. SMAMA (MMMDP) WILL MAINTAIN NECESSARY
RECORDS BASED UPON COMPLETED SHIPPING DOCUMENTS, OTHER DATA, AND REPORTS
RECEIVED FROM TH ADMINISTRATIVE CONTRACTING OFFICER (ACO) AT LUKE AIR
FORCE BASE.
PRICING:
ALL ITEM TRANSACTIONS AFFECTING THE LIABILITY WILL BE PRICED AT
CURRENT USAF STANDARD PRICE, EXCEPT THAT REPLACEMENT OR NEW AGE WILL BE
PRICED AT CONTRACT OR STANDARD PRICE, AS APPROPRIATE.
PROCEDURES:
1. ALL PROCEDURES TO ACCOMPLISH EXCHANGE OF MATERIAL WILL BE EXEMPT
FROM THE DOSR, HOPS, AND HOS SYSTEMS.
2. CREDITS WILL BE RECORDED WHEN MATERIAL IS SHIPPED FROM GPTP
ASSETS TO THE FRG AND/OR WHEN COMPLETE MATERIAL IS PROCESSED FOR
DISPOSAL.
3. DEBITS WILL BE RECORDED WHEN ASSETS ARE RECEIVED AT LUKE AIR
FORCE BASE FROM THE FRG AND AT 1.6% OF CURRENT STOCK LIST PRICE WHEN
OBSOLETE OR WORN OUT ITEMS ARE PROCESSED TO DISPOSAL. THE FACTOR OF
1.6% IS BASED ON THE CURRENT OVERALL SALVAGE VALUE OF MATERIAL PROCESSED
TO DISPOSAL BY THE USAF. THE 1.6% FACTOR WILL BE ADJUSTED IF THE
OVERALL USAF FACTOR IS ADJUSTED.
4. SHIPMENT OF GPTP EXCESSES FROM LUKE AIR FORCE BASE TO THE FRG.
A. SMAMA MMA F-104SM WILL OBTAIN LISTINGS OF ITEMS EXCESS TO THE GPTP
AT LUKE AIR FORCE BASE APPROXIMATELY EVERY 90 DAYS AND FORWARD THESE
LISTINGS IN FOUR COPIES THROUGH SMAMA MMMDP/MAAG GERMANY TO THE GERMAN
AIR FORCE/FEDERAL MINISTER OF DEFENSE. SEPARATE LISTINGS WILL BE
PROVIDED FO SPARES AND AGE ITEMS.
B. DATA FOR EACH ITEM WILL INCLUDE, BUT IS NOT LIMITED TO:
(1) FSN AND/OR PART NUMBER
(2) NOUN
(3) UNIT OF ISSUE
(4) EXCESS QUANTITY
(5) UNIT COST AND EXTENDED COST (CURRENT S/L OR ACQUISITION COST)
C. OBSOLETE ITEMS WILL BE IDENTIFIED.
D. THE GAF/FMOD, UPON DETERMINATION OF ITEMS REQUIRED, WILL RETURN
TWO COPIES OF LISTINGS THROUG MAAG TO SMAMA (MMSDP).
E. SMAMA, MMSDP WILL FORWARD REQUIRED ITEMS TO SMAMA (SMNPOM) FOR
REPARATION OF REQUISITIONS.
F. SMAMA (MMPDM) WILL PREPARE AND FORWARD REQUISITIONS TO SMAMA (MMA)
(F-104SM), WHO WILL DIRECT SHIPMENT FROM GPTP ASSETS AT LUKE AIR FORCE
BASE VIA REDISTRIBUTION ORDERS (RDO'S) WITH INSTRUCTION THAT SMAMA
(MMDP) BE FURNISHED A COPY OF THE COMPLETED SHIPPING DOCUMENT
(DD-1348-1S).
G. MATERIAL WILL BE SHIPPED TO DESIGNATED FREIGHT FORWARDER.
OPTION/FREIGHT FORWARDER CODE "Z2" WILL APPLY.
H. SMAMA (MMMOP) WILL DIRECT DISPOSAL OF OBSOLETE/DISPOSAL (DSP)
ITEMS AT LUKE AIR FORCE BASE WHICH ARE NOT DESIRED BY THE FRG.
I. THE ACO AT LUKE AIR FORCE BASE WILL BE RESPONSIBLE FOR THE
FOLLOWING:
(1) SERVE AS A CONTACT POINT BETWEEN VARIOUS ACTIVITIES AT LUKE AIR
FORCE BASE AND SMAMA.
(2) FORWARDING OF EXCESS LISTINGS TO SMAMA (MMA) (F-104SM).
(3) RECEIPT OF RDO'S FOR SHIPMENT OF EXCESSES.
(4) INSPECTION WILL BE IN ACCORDANCE WITH CHAPTER 5, PART FOUR,
VOLUME I. AFM 67-1, FOR ALL SHIPMENTS. ADVISE SMAMA (MMMDP) IN THE
EVENT ANY MATERIAL WHICH WAS ORIGINALLY DESIGNATED SERVICEABLE IS FOUND
TO BE IN AN UNSERVICEABLE CONDITION, WITHHOLDING RELEASE OF THIS
MATERIAL PENDING NOTIFICATION TO SHIP OR CANCEL.
(5) LEVEL A PACK ALL ITEMS BEING SHIPPED TO FRG.
(6) ADVISE THE GMR OF AVAILABILITY OF MATERIAL AND EFFECT SHIPMENT IN
ACCORDANCE WITH OPTION COD "Z" (REFERENCE ATTACHMENT A-3, SECTION 4,
CHAPTER 7, VOLUME IV, AFM C7-1), UNLESS OTHERWISE DIRECTE BY THE GMR.
(7) FORWARDING ONE COPY OF THE COMPLETED SHIPPING DOCUMENT
(DD-134S-1) TO SMAMA (MMMDP).
(8) INSURE DISPOSAL OF ITEMS, AS DIRECTED BY SMAMA (MMMDP), IS
ACCOMPLISHED AND ADVISE SMAMA (MMMDP) WITHIN 30 DAYS OF THE SCRAP VALUE
THEREOF, BASED UPON PERCENTAGE FACTOR 1.6%, TO BE APPLIED TO INCREASE
THE LIABILITY TO FRG.
J. IN THE EVENT THE GAF/FMOD INDICATES SERVICEABLE EXCESSES ARE NOT
REQUIRED IN THE FRG, THESE ITEMS WILL BE RETAINED IN THE GPTP ASSETS.
5. SHIPMENT OF IN-COUNTRY ASSETS TO LUKE AIR FORCE BASE TO SUPPORT
GPTP.
A. SMAMA F-104SM (MMARS) WILL REQUEST OF FRG ON AN AS REQUIRED BASIS
ONLY THOSE ITEMS NEEDED TO SATISFY GPTP REQUIREMENTS.
B. ITEMS OBTAINED FROM IN-COUNTRY ASSETS WILL BE PRICED AT THE
CURRENT STOCK LIST PRICE OR AT TH LATEST ACQUISITION COST AS ESTABLISHED
BY THE F-104SM.
C. SMAMA F-104SM (MMARS) WILL PREPARE AND FORWARD TO GAF/FMOD THROUGH
MMMDP AND MAAG GERMANY LISTINGS IN FIVE COPIES OF REQUIRED ITEMS
SEGREGATED BY SPARE/AGE, INDICATING APPLICABLE CASE DESIGNATOR. DATA
FOR EACH ITEM WILL INCLUDE, BUT IS NOT LIMITED TO:
(1) FSN AND/OR PART NUMBER
(2) NOUN
(3) UNIT OF ISSUE
(4) QUANTITY REQUIRED
(5) UNIT COST AND EXTENDED COST
D. GAF/FMOD, UPON DETERMINATION OF AVAILABILITY, WILL RETURN FOUR
COPIES OF THE LISTINGS TO SMAM (MM) (F-104SM), INDICATING AVAILABLE
ITEMS AND DOCUMENT NUMBERS ON WHICH ITEMS WILL BE SHIPPED TO LUKE AIR
FORCE BASE.
E. SMAMA (MMARS) WILL FORWARD TWO COPIES OF THE LISTINGS TO SMAMA
(MMMDP) AND TWO COPIES TO THE ACO AT LUKE AIR FORCE BASE.
F. GAF WILL LEVEL A PACK AND SHIP MATERIAL TO:
LUKE AIR FORCE BASE
M/F EZ7061 BUILDING 309
LOCKHEED AIRCRAFT SERVICES COMPANY
LUKE AIR FORCE BASE, ARIZONA 85301
G. ITEMS RECEIVED AT LUKE AIR FORCE BASE WHICH DO NOT MEET THE
INSPECTION CRITERIA WILL BE REPAIRED BY LAS.
H. THE ACO AT LUKE AIR FORCE BASE WILL BE RESPONSIBLE FOR:
(1) FURNISHING SMAMA (MMMDP) LISTINGS CERTIFYING RECEIPT OF ITEMS.
(2) SERVE AS A CONTACT POINT BETWEEN VARIOUS ACTIVITIES AT LUKE AIR
FORCE BASE AND SMAMA.
THE FEDERAL MINISTER OF DEFENSE OF THE FEDERAL REPUBLIC OF GERMANY
AND THE UNITED STATES OF AMERICA HAVE AGREED TO AMEND THE AGREEMENT OF
11 JANUARY 1971 ON F-104 G ADVANCED PILOT TRAINING (GAF) IN THE UNITED
STATES AS SPECIFIED BELOW:
ARTICLE 1
PARAGRAPH 4 H OF THE PROCEDURES SECTION OF ANNEX 2 TO THE AGREEMENT
WILL BE AMENDED TO READ AS FOLLOWS:
"SMAMA (SMNMDP) WILL DIRECT DISPOSAL OF ALL ITEMS REPORTED TO THE FRG
AND DESIGNATED AS EXCESS BY THE COMPETENT GAF AUTHORITIES UNLESS THE GAF
REQUESTS THAT THESE ITEMS BE RETAINED IN THE GPTP ASSETS. SMAMA ALSO
WILL INITIATE DISPOSAL ACTION FOR ALL ITEMS WHICH HAVE BEEN OFFERED TO
THE FRG, BUT FOR WHICH NO DISPOSITION INSTRUCTIONS HAVE BEEN RECEIVED
WITHIN 180 DAYS AFTER THE DATE OF OFFER. ALL ACTIONS INVOLVING DISPOSAL
OF ITEMS MUST BE COORDINATED BY THE GERMAN LOGISTICS LIAISON OFFICER AT
LUKE AFB."
ARTICLE 2
PARAGRAPH 4 J OF THE PROCEDURES SECTION OF ANNEX 2 TO THE AGREEMENT
WILL BE CANCELED.
ARTICLE 3
ALL OTHER PROVISIONS OF THE AGREEMENT OF 11 JANUARY 1971 AND THE
ANNEXES TO IT WILL REMAIN UNCHANGED.
ARTICLE 4
THIS SUPPLEMENTARY AGREEMENT WILL BECOME EFFECTIVE ON THE DATE OF
SIGNATURE BY BOTH PARTIES.
DONE AT BONN ON APRIL 10TH, 1972 IN THE ENGLISH AND GERMAN LANGUAGES,
BOTH TEXTS BEING EQUALLY AUTHORITATIVE.
SIGNED
FOR THE FEDERAL MINISTER OF DEFENSE OF THE FEDERAL REPUBLIC OF
GERMANY
SIGNED F.D. FULTON
COLONEL, USAF
CHIEF, AF SECTION
FOR THE UNITED STATES OF AMERICA
GERMANY, FEDERAL REPUBLIC OF 24 OCT 1967 FLITE DOCUMENT NO. 7502417
AGREEMENT
ADMINISTRATIVE AGREEMENT BETWEEN THE GOVERNMENT OF THE UNITED STATES
OF AMERICA AND THE GOVERNMEN OF THE FEDERAL REPUBLIC OF GERMANY PURSUANT
TO PARAGRAPH 4, ARTICLE 72 OF THE SUPPLEMENTARY AGREEMENT TO THE NATO
STATUS OF FORCES AGREEMENT.
NO. 116
THE EMBASSY OF THE UNITED STATES OF AMERICA PRESENTS ITS COMPLIMENTS
TO THE FEDERAL MINISTRY OF FOREIGN AFFAIRS OF THE FEDERAL REPUBLIC OF
GERMANY AND HAS THE HONOR TO SUBMIT THE FOLLOWING PROPOSAL WITH
REFERENCE TO ARTICLE 72 OF THE SUPPLEMENTARY AGREEMENT TO THE NATO
STATUS OF FORCES AGREEMENT.
IN ORDER TO PROVIDE TO THE MEMBERS OF THE UNITED STATES FORCES
STATIONED IN GERMANY OR OF THE CIVILIAN COMPONENT AND THEIR DEPENDENTS
IMPROVED OPPORTUNITIES FOR FINANCIAL ADVICE AND RAISING OF LOANS AT
REASONABLE INTEREST RATES AND IN ORDER TO IMPROVE THE MORALE OF THE
FORCE THE GOVERNMENT O THE UNITED STATES OF AMERICA PROPOSES TO THE
GOVERNMENT OF THE FEDERAL REPUBLIC OF GERMANY THE CONCLUSION OF AN
ADMINISTRATIVE AGREEMENT ACCORDING TO ARTICLE 72, PARAGRAPH 4 OF THE
SUPPLEMENTARY AGREEMENT TO THE NATO STATUS OF FORCES AGREEMENT WHICH
SHALL CONTAIN THE FOLLOWING PROVISIONS:
(1) THE MEMBERS OF THE US FORCES STATIONED IN THE FEDERAL REPUBLIC OF
GERMANY OR OF THE CIVILIAN COMPONENT AND THEIR DEPENDENTS INTEND TO
ESTABLISH CREDIT UNIONS (KREDITGENOSSENSCHAFTEN) WITH THE OBJECTIVE TO
ADMINISTER THE SAVINGS OF THOSE MEMBERS, TO FURNISH THEM FINANCIAL
ADVICE AND TO GRANT THEM LOANS AT REASONABLE INTEREST RATES. THE CREDIT
UNIONS SHALL BE ESTABLISHED IN MILITARY INSTALLATIONS OF THE UNITED
STATES IN THE FEDERAL REPUBLIC OF GERMANY WHERE THE PERSONNEL, WITH THE
CONSENT OF THE APPROPRIATE MILITARY COMMANDER, DESIRE TO ESTABLISH SUCH
ORGANIZATION.
(2) THE CREDIT UNIONS TO BE ESTABLISHED AT US INSTALLATIONS IN THE
FEDERAL REPUBLIC WILL BE BRANCHES OF CREDIT UNIONS WHICH HAVE THEIR
PRINCIPAL OFFICES AT MILITARY INSTALLATIONS IN THE UNITE STATES. THESE
CREDIT UNIONS OPERATE UNDER LAWS AND REGULATIONS OF, AND ARE SUBJECT TO
AUDIT AND EXAMINATIONS BY, THE BUREAU OF FEDERAL CREDIT UNIONS OF THE
U.S. DEPARTMENT OF HEALTH, EDUCATION AN WELFARE. THESE CREDIT UNIONS
ARE ALSO SUBJECT TO REGULATIONS OF THE U.S. DEPARTMENT OF DEFENSE.
(3) THE UNITED STATES PROPOSES TO SELECT FROM THE FOLLOWING LIST OF
ALREADY-ESTABLISHED CREDIT UNIONS THE INSTITUTIONS WHICH WOULD ESTABLISH
BRANCH OFFICES IN THE FEDERAL REPUBLIC:
FINANCE CENTER FEDERAL CREDIT UNION
(FORT BENJAMIN HARRISON, INDIANA)
FORT BELVOIR FEDERAL CREDIT UNION
(FORT BELVOIR, VIRGINIA)
LACKLAND AIR FORCE BASE FEDERAL CREDIT UNION
(LACKLAND AIR FORCE BASE, TEXAS)
REDSTONE FEDERAL CREDIT UNION
(REDSTONE ARSENAL, ALABAMA)
ANDREWS AIR FORCE BASE FEDERAL CREDIT UNION
(ANDREWS AIR FORCE BASE, MARYLAND)
PEASE AIR FORCE BASE FEDERAL CREDIT UNION
(PORTSMOUTH, NEW HAMPSHIRE)
(4) IT IS POSSIBLE THAT THE UNITED STATES MAY LATER WISH TO MAKE
ADDITIONAL SELECTIONS FROM AMON SIMILARLY ESTABLISHED CREDIT UNIONS ONCE
THE CREDIT UNIONS PROGRAM HAS BECOME EFFECTIVE IN THE FEDERAL REPUBLIC.
IN THAT CASE, THE EMBASSY UNDERSTANDS THAT A SEPARATE AGREEMENT WOULD BE
REQUIRE FOR THESE ADDITIONAL INSTITUTIONS.
(5) THE CREDIT UNIONS SHALL SERVE EXCLUSIVELY THE US FORCES, THE
CIVILIAN COMPONENT, THEIR MEMBERS AND DEPENDENTS. THE ACTIVITIES OF
THESE CREDIT UNIONS SHALL BE RESTRICTED TO BUSINESS TRANSACTIONS WHICH
CANNOT BE UNDERTAKEN BY GERMAN ENTERPRISES WITHOUT PREJUDICE TO THE
MILITARY REQUIREMENTS OF THE FORCE. THE CREDIT UNIONS SHALL NOT CONDUCT
ACTIVITIES WHICH MIGHT INFLUENCE TH GERMAN MARKET; IN PARTICULAR THEY
SHALL NOT PARTICIPATE IN THE GERMAN STOCK MARKET. ACCORDING TO THE
DIRECTIVE OF THE DEPARTMENT OF DEFENSE OF THE UNITED STATES OF AMERICA
CONCERNING CREDIT UNIONS SUCH CREDIT UNIONS MUST NOT GRANT CREDITS FOR
THE PURPOSE OF PURCHASING REAL ESTATE IN THE FEDERAL REPUBLIC OF
GERMANY.
(6) WITHOUT PREJUDICE TO ARTICLE 72 PARAGRAPH 6, THE CREDIT UNIONS
SHALL ENJOY THE EXEMPTIONS AN BENEFITS LISTED IN PARAGRAPH 1, ARTICLE 72
OF THE SUPPLEMENTARY AGREEMENT TO THE NATO STATUS OF FORCE AGREEMENT.
(7) EMPLOYEES OF CREDIT UNIONS, IF THEY EXCLUSIVELY SERVE SUCH CREDIT
UNIONS, SHALL BE GRANTED THE SAME EXEMPTIONS AND BENEFITS AS THOSE
GRANTED THE MEMBERS OF A CIVILIAN COMPONENT UNLESS THE UNITED STATES OF
AMERICA RESTRICTS SUCH EXEMPTIONS AND BENEFITS. THIS PROVISION SHALL
NOT APPLY TO EMPLOYEES FALLING UNDER PARAGRAPH 5B ARTICLE 72 OF THE
SUPPLEMENTARY AGREEMENT TO THE NATO STATUS O FORCES AGREEMENT.
(8) THE EMBASSY OF THE UNITED STATES OF AMERICA WILL NOTIFY THE
FEDERAL MINISTRY OF FOREIGN AFFAIRS OF THE FEDERAL REPUBLIC OF GERMANY
IF THE AUTHORITIES OF THE UNITED STATES OF AMERICA WITHDRAW ALL OR PART
OF THE EXEMPTIONS AND BENEFITS ACCORDED TO THESE CREDIT UNIONS OR TO
THEIR EMPLOYEES PURSUANT TO ARTICLE 72 OF THE SUPPLEMENTARY AGREEMENT TO
THE NATO STATUS OF FORCES AGREEMENT.
(9) THE EMBASSY OF THE UNITED STATES OF AMERICA WILL ADVISE THE
FEDERAL MINISTRY OF FOREIGN AFFAIRS OF THE FEDERAL REPUBLIC OF GERMANY
ANNUALLY, IN JANUARY OF EACH YEAR, CONCERNING DETAILS OF CREDIT UNIONS
ESTABLISHED, INCLUDING LOCATION AND PERSONAL DATA OF THEIR EMPLOYEES.
(10) THIS ADMINISTRATION AGREEMENT SHALL ENTER INTO FORCE ON NOVEMBER
15, 1967. IF THE GOVERNMENT OF THE FEDERAL REPUBLIC OF GERMANY AGREES
TO THE PROPOSALS STATED UNDER NOS. 1 - 10 ABOVE, THIS NOTE AND THE
CONFIRMATION BY THE FEDERAL MINISTRY OF FOREIGN AFFAIRS SHALL CONSTITUTE
A ADMINISTRATIVE AGREEMENT BETWEEN THE GOVERNMENT OF THE UNITED STATES
OF AMERICA AND THE GOVERNMENT OF THE FEDERAL REPUBLIC OF GERMANY
PURSUANT TO PARAGRAPH 4, ARTICLE 72 OF THE SUPPLEMENTARY AGREEMENT TO
THE NATO STATUS OF FORCES AGREEMENT.
EMBASSY OF THE UNITED STATES OF AMERICA
BONN/BAD GODESBERG, OCTOBER 24, 1967
FRANCE 30 APR 1974 FLITE DOCUMENT NO. 7502416
AGREEMENT
TECHNICAL SECURITY ARRANGEMENT BETWEEN THE FRENCH MINISTRY OF ARMED
FORCES AND THE UNITED STATES DEPARTMENT OF DEFENSE CONCERNING SPECIAL
MEASURES FOR THE PROTECTION OF F101 ENGINE INFORMATION
MINISTER OF DEFENSE PARIS, 30 APRIL 1974
016214
MR. SECRETARY:
IN CONFORMITY WITH THE ASSURANCES GIVEN EARLIER BY THE FRENCH
GOVERNMENT TO THE US GOVERNMENT, I HAVE THE HONOR TO STATE THAT MY
DEPARTMENT WILL TAKE ALL THE MEASURES DEEMED NECESSARY BY THE US
DEPARTMENT OF DEFENSE FOR THE PROTECTION, INCLUDING TRANSMISSION, OF ALL
INFORMATION PERTAINING TO THE F101 ENGINE TO BE EXCHANGED BETWEEN OUR
TWO COUNTRIES IN CONNECTION WITH THE GENERAL ELECTRIC COMPANY (GE) AND
THE NATIONAL COMPANY FOR RESEARCH AND CONSTRUCTION OF AIRCRAFT ENGINES
(SNECMA) CF 56 CIVIL SUBSONIC TURBOFAN ENGINE COOPERATIVE PROGRAM.
PARTICULARLY, IN REPLY TO MR. W.P. CLEMENTS' LETTER OF APRIL 17,
1974, I HAVE THE HONOR TO CONFIR MY AGREEMENT TO THE FOLLOWING
COMMITMENTS REGARDING F101 ENGINE INFORMATION TO BE FORWARDED THROUGH US
CHANNELS. THE FRENCH MINISTRY OF DEFENSE WILL:
A. NOT DISCLOSE ANY INFORMATION ON THE F101 ENGINE TO A THIRD COUNTRY
OR A NATIONAL OF A THIRD COUNTRY WITHOUT PRIOR APPROVAL OF THE US
DEPARTMENT OF DEFENSE;
B. UNDERTAKE TO PROVIDE TO US CLASSIFIED INFORMATION THE EXACT DEGREE
OF PROTECTION WHICH THE UNITED STATES PROVIDES ITS OWN INFORMATION
CLASSIFIED AT EQUIVALENT LEVEL;
C. USE THE INFORMATION PROVIDED, WHETHER CLASSIFIED OR UNCLASSIFIED,
ONLY IN CONNECTION WITH THE COOPERATIVE CIVIL ENGINE CFM 56 PROGRAM OF
SNECMA AND GE UNLESS PRIOR AUTHORIZATION HAS BEEN OBTAINED FROM THE US
DEPARTMENT OF DEFENSE;
D. RESPECT PRIVATE RIGHTS, SUCH AS PATENTS, PATENT APPLICATIONS HELD
SECRET, COPYRIGHTS, OR TRAD SECRETS WHICH ARE INCLUDED IN THE
INFORMATION PROVIDED;
E. INFORM THE DEPARTMENT OF DEFENSE OF ANY US INFORMATION WHICH IS
SUBJECTED TO EITHER UNAUTHORIZED DISCLOSURE OR ACTUAL OR POSSIBLE
COMPROMISE WITH THE EVALUATION OF THE MINISTRY OF THE ARMED FORCES OF
THE POSSIBILITY THAT SUCH INFORMATION HAS BEEN COMMUNICATED TO ANY
PERSON OR ORGANIZATION, INCLUDING A THIRD NATION OR A NATIONAL OF A
THIRD NATION NOT AUTHORIZED TO RECEIVE TH SAME.
FOR THESE PURPOSES, INFORMATION IS UNDERSTOOD IN ITS BROADEST SENSE
TO INCLUDE, AMONG OTHER THINGS, ANY DOCUMENT, WRITING, SKETCH,
PHOTOGRAPH, PLAN, MODEL, SPECIFICATION, DESIGN, OR PROTOTYPE WHETHER
COMMUNICATED BY ORAL, VISUAL, OR DOCUMENTARY MEANS, OR BY TRANSFER OF
ARTICLES, EQUIPMENT, OR MATERIALS.
THESE COMMITMENTS ARE APPLICABLE TO ALL INFORMATION ON THE F101
ENGINE SUPPLIED BY THE UNITED STATES WHETHER IT IS CLASSIFIED OR
UNCLASSIFIED.
CLASSIFIED INFORMATION SHALL BE TRANSMITTED ONLY THROUGH OFFICIAL
SERVICES DESIGNATED ACCORDING T A PROCEDURE COMMONLY KNOWN AS
TRANSMISSION THROUGH GOVERNMENT-TO-GOVERNMENT CHANNELS.
I FURTHER CONFIRM THAT IN ORDER TO IMPLEMENT THE PREVIOUS
COMMITMENTS, MY SERVICES WILL COOPERATE WITH YOURS FOR THE
IMPLEMENTATION OF THE MEASURES, DEFINED IN THE ANNEX TO THE ABOVE
REFERENCED APRIL 17, 1974, LETTER, THE FRENCH TRANSLATION OF WHICH IS
ENCLOSED HEREWITH:
(TRANSLATION OMITTED)
TAKING INTO CONSIDERATION THE PROPOSAL OF MR. CLEMENTS, I CONSIDER
THAT HIS LETTER OF 17 APRIL 1974 AND MY REPLY CONSTITUTE AN AGREEMENT ON
THE ABOVE MEASURES BETWEEN THE FRENCH MINISTRY OF DEFENSE AND THE US
DEPARTMENT OF DEFENSE EFFECTIVE THIS DATE.
BE ASSURED, MR. SECRETARY, OF MY HIGH CONSIDERATION AND THE
EXPRESSION OF MY PERSONAL FRIENDSHIP.
1 ENCLOSURE
HONORABLE JAMES R. SCHLESINGER
SECRETARY OF DEFENSE
DEPARTMENT OF DEFENSE
THE PENTAGON
WASHINGTON, D.C.
/S/
ROBERT GALLEY
THE SECRETARY OF DEFENSE
WASHINGTON, D.C. 20301
THE HONORABLE ROBERT GALLEY
MINISTER OF ARMED FORCES
14 RUE ST. DOMINIQUE
PARIS 7, FRANCE
DEAR MR. GALLEY:
I HAVE THE HONOR TO REFER TO THE NOTE TO THE FRENCH EMBASSY AT
WASHINGTON, DATED JUNE 12, 1973, WHICH STATED THAT UNDER CERTAIN
CONDITIONS THE UNITED STATES GOVERNMENT WILL ISSUE THE NECESSARY LICENSE
TO PERMIT THE GENERAL ELECTRIC COMPANY (GE) TO ESTABLISH A JOINT COMPANY
WITH THE SOCIETE NATIONALE D'ETUDE ET DE CONSTRUCTION DE MOTEURS
D'AVIATION (SNECMA) FOR THE COOPERATIVE DEVELOPMENT MANUFACTURE AND
SUPPORT OF A CIVIL SUBSONIC TURBOFAN ENGINE DESIGNATED THE CFM-56. THE
LICENSE WIL PERMIT THE RELEASE, IN ACCORDANCE WITH THE TIME-PHASED
PROGRAM TO BE INCLUDED IN THE LICENSE, OF CERTAIN CLASSIFIED AND
UNCLASSIFIED TECHNICAL INFORMATION BELONGING TO THE UNITED STATES
GOVERNMENT AND GE PERTAINING TO THE F101 ENGINE TO ASSIST IN THE
DEVELOPMENT OF THIS NEW ENGINE. IN VIEW OF THE ADVANCED NATURE OF THE
TECHNOLOGY INVOLVED, IT IS CONSIDERED DESIRABLE TO RECORD THE PRINCIPLES
WHICH WILL GOVERN THE SAFEGUARDING, INCLUDING TRANSMISSION, OF SUCH
INFORMATION IN ORDER TO FACILITATE THE WORKING OUT OF PROCEDURES TO
PROTECT THE ENGINE AND THE TECHNOLOGY INCORPORATED THEREIN.
I HAVE THE HONOR TO PROPOSE, THEREFORE, A CONFIRMATION OF THE MUTUAL
UNDERSTANDING THAT, WITH RESPECT TO THE F101 ENGINE INFORMATION TO BE
RELEASED THROUGH THE FRENCH MINISTRY OF ARMED FORCES T SNECMA, THE
FRENCH MINISTRY OF ARMED FORCES WILL:
A. NOT DISCLOSE ANY F101 ENGINE INFORMATION TO A THIRD NATION, OR TO
A NATIONAL OF A THIRD NATION, WITHOUT THE PRIOR APPROVAL OF THE
DEPARTMENT OF DEFENSE OF THE UNITED STATES.
B. UNDERTAKE TO AFFORD ANY SUCH UNITED STATES CLASSIFIED INFORMATION
SUBSTANTIALLY THE SAME DEGREE OF SECURITY PROTECTION AS THE MINISTRY OF
ARMED FORCES AFFORDS ITS OWN INFORMATION CLASSIFIE AT EQUIVALENT LEVELS.
C. USE ANY INFORMATION FURNISHED, WHETHER CLASSIFIED OR UNCLASSIFIED,
ONLY IN CONNECTION WITH TH COOPERATIVE CIVIL ENGINE CFM-56 PROGRAM OF
SNECMA AND GE, UNLESS A PRELIMINARY AUTHORIZATION HAS BEEN OBTAINED FROM
THE DEPARTMENT OF DEFENSE OF THE UNITED STATES.
D. RESPECT PRIVATE RIGHTS, SUCH AS PATENTS, PATENT APPLICATIONS HELD
UNDER SECRECY ORDER, COPYRIGHTS, OR TRADE SECRETS WHICH ARE INVOLVED IN
THE INFORMATION.
E. REPORT TO THE DEPARTMENT OF DEFENSE ANY UNITED STATES INFORMATION
WHICH IS SUBJECTED TO EITHE UNAUTHORIZED DISCLOSURE OR ACTUAL OR
POSSIBLE COMPROMISE, ALONG WITH THE EVALUATION OF THE MINISTRY OF ARMED
FORCES OF THE POSSIBILITY THAT SUCH INFORMATION HAS BEEN COMMUNICATED TO
ANY PERSON OR ORGANIZATION, INCLUDING A THIRD NATION OR A NATIONAL OF A
THIRD NATION NOT AUTHORIZED TO RECEIVE TH SAME.
FOR THESE PURPOSES, INFORMATION IS UNDERSTOOD IN ITS BROADEST SENSE
TO INCLUDE, AMONG OTHER THINGS, ANY DOCUMENT, WRITING, SKETCH,
PHOTOGRAPH, PLAN, MODEL, SPECIFICATION, DESIGN, OR PROTOTYPE WHETHER
COMMUNICATED BY ORAL, VISUAL, OR DOCUMENTARY MEANS, OR BY TRANSFER OF
ARTICLES, EQUIPMENT, OR MATERIALS.
THIS UNDERSTANDING WILL APPLY TO ALL TRANSMISSIONS BY THE UNITED
STATES AND GE OF BOTH CLASSIFIED AND UNCLASSIFIED TECHNICAL INFORMATION
PERTAINING TO THE F101 ENGINE. CLASSIFIED INFORMATION SHALL BE
TRANSMITTED ONLY THROUGH OFFICIAL REPRESENTATIVES DESIGNATED BY EACH OF
OUR GOVERNMENTS. THIS PROCEDURE IS COMMONLY KNOWN AS TRANSMISSION
THROUGH GOVERNMENT-TO-GOVERNMENT CHANNELS.
IN ORDER TO ASSURE THAT THE DETAILED MEASURES TO BE TAKEN BY THE
AUTHORITIES OF OUR TWO DEFENSE AGENCIES WITH RESPECT TO THE FOREGOING
STATEMENT OF PRINCIPLES ARE ADEQUATE TO PROTECT THE SECURITY OF THESE
ARTICLES, SERVICES, AND INFORMATION, I AM ENCLOSING AN APPENDIX ENTITLED
"TECHNICAL SECURITY ARRANGEMENT BETWEEN THE FRENCH MINISTRY OF ARMED
FORCES (MAF) AND THE UNITED STATES DEPARTMENT OF DEFENSE (DOD)
CONCERNING SPECIAL MEASURES FOR THE PROTECTION OF F101 ENGINE
INFORMATION," WHICH HAS BEEN THE SUBJECT OF DISCUSSION BY OUR RESPECTIVE
REPRESENTATIVES.
IF THE FOREGOING STATEMENT OF PRINCIPLES AND THE TECHNICAL
ARRANGEMENT ARE AGREEABLE TO YOUR MINISTRY, I PROPOSE THAT THIS LETTER
AND YOUR REPLY TO THAT EFFECT SHALL CONSTITUTE AN AGREEMENT WITH RESPECT
TO THEM, EFFECTIVE THE DATE OF YOUR REPLY.
SINCERELY,
SIGNED
DEPUTY
APPENDIX
TECHNICAL SECURITY ARRANGEMENT BETWEEN THE FRENCH MINISTRY OF ARMED
FORCES (MAF) AND THE UNITED STATES DEPARTMENT OF DEFENSE (DOD)
CONCERNING SPECIAL MEASURES FOR THE PROTECTION OF F101 ENGINE
INFORMATION
1. PURPOSE. THE FOLLOWING PROCEDURES HAVE BEEN PREPARED TO
IMPLEMENT THE AUTHORIZATION OF THE JOINT GE/SNECMA PROGRAM FOR THE
COOPERATIVE DEVELOPMENT, MANUFACTURE, AND SUPPORT OF A CIVIL SUBSONIC
TURBOFAN ENGINE DESIGNATED THE CFM-56. THESE PROCEDURES WILL APPLY TO
ALL CONTRACTS, SUBCONTRACTS, PRECONTRACT NEGOTIATIONS OR OTHER
GOVERNMENT APPROVED ARRANGEMENTS FOR THE JOINT PROGRAM INVOLVING F101
ENGINE INFORMATION.
2. GENERAL. UPON RECEIPT OF F101 ENGINE INFORMATION FURNISHED UNDER
THE JOINT PROGRAM, THROUGH ORAL, VISUAL, OR DOCUMENTARY MEANS, INCLUDING
EQUIPMENT OR MATERIALS, THE RECEIVING GOVERNMENT SHAL PROVIDE AT LEAST
THE SECURITY PROTECTION REQUIRED BY THIS ARRANGEMENT. EACH GOVERNMENT
SHALL BE RESPONSIBLE FOR THE PROTECTION OF F101 ENGINE INFORMATION WHILE
IT IS WITHIN ITS TERRITORIAL JURISDICTION, AND WHILE IT IS POSSESSED BY
OR FURNISHED TO PERSONS AUTHORIZED BY EITHER GOVERNMENT TO TRAVEL ABROAD
PURSUANT TO THIS ARRANGEMENT. THE UNITED STATES DEFENSE SUPPLY AGENCY
(DSA) AND THE DELEGATION MINISTERIELLE POUR L'ARMEMENT (DMA) WILL ASSUME
RESPONSIBILITY FOR ADMINISTERING SECURITY MEASURES FOR THE CLASSIFIED
ASPECTS OF ALL CONTRACTS FOR THE JOINT GE/SNECMA PROGRAM AWARDED FOR
PERFORMANCE IN THEIR RESPECTIVE COUNTRIES UNDER THE SAME STANDARDS AND
REQUIREMENTS AS GOVERN THE PROTECTION OF THEIR OWN CLASSIFIED CONTRACTS
IN THE HANDS OF THEIR OWN INDUSTRY.
A. INSPECTION. THE DSA AND THE DMA SHALL ENSURE THAT NECESSARY
SECURITY INSPECTIONS ARE MADE WITHIN THEIR RESPECTIVE ACTIVITIES OF THE
FACILITIES ENGAGED UNDER THE JOINT PROGRAM.
B. SECURITY COSTS. COSTS INCURRED IN CONDUCTING SECURITY
INVESTIGATIONS OR INSPECTIONS SHALL BE BORNE BY THE GOVERNMENT RENDERING
THE SERVICE. COSTS INCURRED BY EITHER OF THE TWO GOVERNMENTS THROUGH
IMPLEMENTATION OF OTHER SECURITY MEASURES, INCLUDING COSTS INCURRED
THROUGH THE USE OF THE DIPLOMATIC COURIER SERVICE OR ANY OTHER
AUTHORIZED OFFICIAL COURIER SERVICE, WILL NOT BE REIMBURSED
SECURITY COSTS RESULTING FROM THE REQUIREMENTS IMPOSED BY EACH
GOVERNMENT FOR THE PROTECTION OF IT OWN CLASSIFIED INFORMATION OR THAT
OF THE OTHER GOVERNMENT SHALL BE BORNE BY GE AND SNECMA.
C. SECURITY CLEARANCES AND ACCESS AUTHORIZATION. CLEARANCES OF
FACILITIES AND INDIVIDUALS HAVIN ACCESS TO CLASSIFIED INFORMATION UNDER
THIS ARRANGEMENT WILL BE CONDUCTED IN ACCORDANCE WITH PERTINENT
REGULATIONS OF THE GOVERNMENT IN WHOSE TERRITORY THE FACILITY IS LOCATED
OR OF WHICH THE INDIVIDUAL IS A NATIONAL. THIRD COUNTRY NATIONALS
EMPLOYED BY GENERAL ELECTRIC OR SNECMA UNDER THE JOINT PROGRAM WILL BE
CLEARED IN ACCORDANCE WITH THE PERTINENT REGULATIONS OF THE GOVERNMENT
IN WHOSE TERRITORY THE CONTRACTOR IS LOCATED. IN ADDITION, ACCESS BY
SUCH THIRD COUNTRY NATIONALS TO F101 INFORMATION RELATED TO THE PROJECT
WILL REQUIRE CERTIFICATION THAT SUCH ACCESS IS ESSENTIAL TO THE JOINT
PROGRAM AND WILL REQUIRE APPROVAL BY THE U.S. GOVERNMENT.
D. ORIENTATION. EACH GOVERNMENT WILL INSURE THAT CONTRACTORS AND
SUBCONTRACTORS IN THEIR COUNTR HAVING ACCESS TO F101 ENGINE CLASSIFIED
INFORMATION UNDER THE JOINT PROGRAM ARE FURNISHED SECURITY INSTRUCTIONS
SETTING FORTH THEIR RESPONSIBILITY TO PROTECT SUCH INFORMATION IN
ACCORDANCE WITH APPLICABLE LAWS AND REGULATIONS.
E. TRANSMISSION. TRANSMISSION OF CLASSIFIED AND UNCLASSIFIED
TECHNICAL INFORMATION AND MATERIEL PERTAINING TO THE F101 ENGINE SHALL
BE MADE ONLY THROUGH CHANNELS ESTABLISHED BY THE DEPARTMENT OF DEFENSE
AND THE FRENCH MINISTRY OF ARMED FORCES.
(1) THE TRANSMISSION BY GE OF CLASSIFIED OR UNCLASSIFIED INFORMATION
SUCH AS DOCUMENTS, SKETCHES PHOTOGRAPHS, PLANS, SPECIFICATIONS, OR OTHER
DOCUMENTARY MEANS TO SNECMA WILL BE IN ACCORDANCE WITH THE PROCEDURES OF
THE UNITED STATES AIR FORCE PLANT REPRESENTATIVE OFFICE (AFPRO), LOCATED
AT THE G PLANT IN EVENDALE, OHIO, AND IN ACCORDANCE WITH APPROPRIATE
INDUSTRIAL SECURITY PROCEDURES ESTABLISHED BY THE DEPARTMENT OF DEFENSE
FOR THE HIGHEST CLASSIFICATION OF INFORMATION TO BE RELEASED FOR THIS
JOINT PROGRAM. UNCLASSIFIED INFORMATION WILL BE TRANSMITTED BY GE,
EVENDALE, OHI DIRECTLY TO SNECMA, VILLAROCHE, FRANCE. CLASSIFIED
INFORMATION WILL BE TRANSMITTED BY THE AFPRO, EVENDALE, TO THE SERVICE
DE LA SURVEILLANCE INDUSTRIELLE DE L'ARMEMENT (SIAR) VILLAROCHE, THROUGH
THE MISSION TECHNIQUE DE L'ARMEMENT (MTA) OF THE FRENCH EMBASSY IN
WASHINGTON, AND WILL BE SENT VIA THE DIPLOMATIC POUCH. THE SAME
PROCEDURE IN REVERSE WILL BE FOLLOWED SHOULD SNECMA DESIRE TO SEND BACK
ANY INFORMATION TO GE.
(2) THE TRANSMISSION BY GE OF CLASSIFIED OR UNCLASSIFIED MATERIEL TO
SNECMA WILL BE IN ACCORDANC WITH THE PROCEDURES OF THE AFPRO, AND IN
ACCORDANCE WITH APPROPRIATE DOD INDUSTRIAL SECURITY PROCEDURES
ESTABLISHED BY THE DOD FOR THE HIGHEST CLASSIFICATION OF THE MATERIAL TO
BE RELEASED FOR THIS JOINT PROGRAM.
F. PUBLIC RELEASE OF INFORMATION. PUBLIC RELEASE BY GE OR SNECMA OR
THEIR SUBCONTRACTORS OF INFORMATION PERTAINING TO EITHER CLASSIFIED OR
UNCLASSIFIED F101 INFORMATION TO BE RELEASED FOR THI JOINT PROGRAM SHALL
BE GOVERNED BY THE DEPARTMENT OF DEFENSE INDUSTRIAL SECURITY MANUAL
(DODISM), DOD 5220.22-M, FOR THE U.S. FACILITIES CONCERNED, AND THE
REGULATIONS ISSUED BY THE DESIGNATED FRENCH GOVERNMENT AGENCY FOR THE
FRENCH FACILITIES CONCERNED.
G. SECURITY CLASSIFICATION GUIDANCE. THE APPROPRIATE ACTIVITY OF THE
RELEASING GOVERNMENT SHALL FURNISH THE DESIGNATED AGENCY OF THE
GOVERNMENT RESPONSIBLE FOR SECURITY ADMINISTRATIVE MEASURES CONCERNING
THE CONTRACT AND THE CONTRACTOR OR SUBCONTRACTOR WITH THE SECURITY
CLASSIFICATION GUIDANCE PERTAINING TO EACH CLASSIFIED ELEMENT RELATED TO
THE CONTRACT. IN THE CASE OF THE UNITED STATES, THIS GUIDANCE SHALL BE
SET FORTH IN A CONTRACT SECURITY CLASSIFICATION SPECIFICATION (DD FORM
254) OR SIMILAR INSTRUMENT. FOR FRANCE, IT SHALL BE IN SOME FORM
SUITABLE FOR PROVIDING SIMILAR DETAILED INSTRUCTIONS. THE OBJECTIVE IS
TO IDENTIFY THAT CLASSIFIED INFORMATION WHICH IS FURNISHED BY THE
RELEASING GOVERNMENT IN CONNECTION WITH THE CONTRACT OR WHICH IS
GENERATED PURSUAN TO THE CLASSIFIED CONTRACT AND TO ASSIGN TO SUCH
INFORMATION A PROPER SECURITY CLASSIFICATION. A REPRODUCIBLE COPY OF
THE WRITTEN SECURITY CLASSIFICATION GUIDANCE, A COPY OF THE APPLICABLE
CLASSIFIED CONTRACT, OR REQUEST FOR PROPOSAL OR SUBCONTRACT CONTAINING
THE SECURITY REQUIREMENTS CLAUSE WILL BE SUBMITTED TO THE DESIGNATED
AGENCY OF THE GOVERNMENT WHICH IS RESPONSIBLE FOR ADMINISTERING SECURITY
MEASURES. THE ADDRESSES OF THE DESIGNATED AGENCIES ARE:
FRANCE
DIRECTION DE LA SECURITE MILITAIRE
2 BIS AVENUE DE TOURVILLE 75326
PARIS CEDEX 07
UNITED STATES
CHIEF, OFFICE OF INDUSTRIAL SECURITY
CONTRACT ADMINISTRATION SERVICES
DEFENSE SUPPLY AGENCY
CAMERON STATION
ALEXANDRIA, VIRGINIA 22314
H. MARKING
(1) THE RESPONSIBLE AGENCY OF THE RELEASING GOVERNMENT SHALL MARK
CLASSIFIED INFORMATION WITH IT APPROPRIATE CLASSIFICATION MARKING AND
THE NAME OF THE COUNTRY OF ORIGIN PRIOR TO TRANSMITTAL TO TH RECEIVING
GOVERNMENT. UPON RECEIPT, THE INFORMATION SHALL BE ASSIGNED AN
EQUIVALENT CLASSIFICATION AND SO MARKED BY THE RECIPIENT GOVERNMENT
AGENCY AS FOLLOWS:
EQUIVALENT SECURITY CLASSIFICATION CATEGORY
FRENCH CLASSIFICATION U.S. CLASSIFICATION
CONFIDENTIEL DEFENSE CONFIDENTIAL
(2) UNCLASSIFIED F101 ENGINE INFORMATION SHALL BE MARKED U.S.-F101
PRIOR TO TRANSMITTAL TO THE RECEIVING GOVERNMENT.
(3) CLASSIFIED INFORMATION PRODUCED OR REPRODUCED IN THE RECEIVING
COUNTRY IN CONNECTION WITH TH JOINT PROGRAM SHALL BE MARKED WITH THE
ASSIGNED CLASSIFICATION MARKING OF BOTH COUNTRIES AS PROVIDE ABOVE.
(4) F101 ENGINE INFORMATION, WILL BE IDENTIFIED ACCORDING TO THE
FOLLOWING PROCEDURES:
(A) DOCUMENTS: MARK THE FRONT AND BACK COVER, THE FIRST PAGE AND ALL
PAGES CONTAINING SUCH INFORMATION WITH THE APPROPRIATE SECURITY
CLASSIFICATION.
(B) DRAWINGS: MARK TOP AND BOTTOM AND LEGEND, CONSPICUOUSLY, WITH
THE APPROPRIATE SECURITY CLASSIFICATION.
I. VISITS. VISITS WHICH INVOLVE THE EXCHANGE OF CLASSIFIED F101
ENGINE INFORMATION REQUIRE THE PRIOR APPROVAL OF BOTH GOVERNMENTS.
APPROVAL FOR SUCH VISITS SHALL BE GRANTED ONLY TO PERSONS POSSESSING
VALID CLEARANCES. AUTHORIZATION FOR VISITORS TO HAVE ACCESS TO
CLASSIFIED F101 INFORMATION WILL BE LIMITED TO THOSE NECESSARY FOR
OFFICIAL PURPOSES IN CONNECTION WITH THE JOINT PROGRAM.
(1) REQUESTS FOR APPROVAL OF A VISIT INVOLVING CLASSIFIED INFORMATION
SHALL BE SUBMITTED AT LEAS THIRTY DAYS IN ADVANCE.
(2) A LIST WILL BE DEVELOPED TO INDICATE THOSE INDIVIDUALS WHO HAVE
BEEN AUTHORIZED BY BOTH GOVERNMENTS TO MAKE VISITS TO SPECIFIED
CONTRACTOR FACILITIES FOR EXTENDED PERIODS OF TIME (NOT TO EXCEED TWELVE
MONTHS) IN CONNECTION WITH THE JOINT PROGRAM. THE LIST WILL BE KEPT
UP-TO-DATE BY TH JOINT COMPANY WHO WILL PROVIDE THE TWO GOVERNMENTS WITH
A COPY THEREOF. VISIT AUTHORIZATIONS MAY B RENEWED FOR ADDITIONAL
PERIODS OF 12 MONTHS AS MAY BE NECESSARY IN THE PERFORMANCE OF THE JOINT
PROGRAM. VISIT REQUESTS FOR INDIVIDUALS WHO ARE ON THE APPROVED LIST
WILL BE SUBMITTED IN ADVANCE OF SUCH VISITS, DIRECT TO THE CONTRACTOR
FACILITY WHICH IS TO BE VISITED.
REQUESTS FOR APPROVAL OF INDIVIDUAL VISITS OR TO ESTABLISH AN
APPROVED LIST FOR CONTINUING VISITS WILL BE SUBMITTED BY THE UNITED
STATES DEPARTMENT OR AGENCY CONCERNED TO THE MINISTERE DES ARMEES.
REQUESTS FOR APPROVAL OF INDIVIDUAL VISITS OR TO ESTABLISH AN APPROVED
LIST FOR CONTINUING VISITS WILL BE SUBMITTED AS MAY BE APPROPRIATE BY
THE RESPONSIBLE AGENCY OF THE GOVERNMENT OF FRANCE TO:
DEPARTMENT OF THE AIR FORCE
OFFICE OF THE VICE CHIEF OF STAFF
ATTN: FOREIGN LIAISON DIVISION
PENTAGON
J. LIMITATIONS ON DISCLOSURES
(1) SNECMA SHALL USE THE F101 ENGINE INFORMATION IT RECEIVES, BOTH
CLASSIFIED AND UNCLASSIFIED, ONLY FOR THE PURPOSE FOR WHICH IT HAS BEEN
RELEASED TO IT AND SHALL NOT RELEASE IT TO A THIRD PARTY WITHOUT
APPROVAL OF THE UNITED STATES GOVERNMENT.
(2) SNECMA SHALL AUTHORIZE ONLY THOSE OF ITS EMPLOYEES WHO HAVE BEEN
CLEARED AT THE APPROPRIATE LEVEL BY THE MINISTERE DES ARMEES AND HAVE A
"NEED-TO-KNOW" TO HAVE ACCESS TO F101 ENGINE INFORMATION WHICH IS
CLASSIFIED.
(3) SNECMA SHALL AUTHORIZE ONLY THOSE OF ITS EMPLOYEES WHO HAVE A
"NEED-TO-KNOW" TO HAVE ACCESS TO F101 ENGINE INFORMATION WHICH IS
UNCLASSIFIED.
K. LOSS, COMPROMISE OR POSSIBLE COMPROMISE OF F101 ENGINE
INFORMATION. IN CASE OF LOSS, ACTUAL OR POSSIBLE COMPROMISE, OR
UNAUTHORIZED DISCLOSURE OF F101 ENGINE CLASSIFIED INFORMATION, THE
COMPETENT SECURITY AUTHORITY OF THE COUNTRY IN WHICH THE INCIDENT OCCURS
WILL CONDUCT THE NECESSARY INVESTIGATION. WHEN SUCH INCIDENTS OCCUR
THEY WILL BE REPORTED PROMPTLY TO THE DEPARTMENT OF DEFENSE OF THE
UNITED STATES.
FRANCE 1 FEB 1974 FLITE DOCUMENT NO. 7502415
MEMORANDUM OF AGREEMENT
EXCHANGE OF MAPS AND RELATED PUBLICATIONS
MEMORANDUM OF AGREEMENT BETWEEN THE U.S. DEFENSE MAPPING AGENCY (DMA)
AND THE INSTITUT GEOGRAPHIQUE NATIONAL (IGN), FRANCE ON THE EXCHANGE OF
MAPS AND RELATED PUBLICATIONS
THE DMA AND THE IGN WILL EXCHANGE WITH EACH OTHER MAPS AND ALLIED
PUBLICATIONS AND DATA AS EXPRESSED IN TERMS OF THIS AGREEMENT.
1. MAPS AND GEODETIC/GEOPHYSICAL DATA.
A. LARGE SCALE.
(1) THE DMA WILL AUTOMATICALLY PROVIDE THE IGN WITH THREE (3) COPIES
OF ALL RELEASABLE MAPS IN THE SERIES LISTED IN APPENDIX A. COPIES OF
RELEASABLE MAPS PRODUCED BY THE DMA AT SCALE 1:50,000 AND LARGER FOR
OTHER AREAS OF THE WORLD WILL BE PROVIDED IN RESPONSE TO SPECIFIC
REQUESTS.
(2) THE IGN WILL AUTOMATICALLY PROVIDE THE DMA WITH THREE (3) COPIES
OF CIVILIAN EDITIONS OF ALL MAPS OF FRANCE (EXCEPT 1:25,000 SCALE), ITS
POSSESSIONS AND FORMER POSSESSIONS PRODUCED BY IGN.
B. MEDIUM AND SMALL SCALE. THE DMA AND IGN WILL AUTOMATICALLY
EXCHANGE THREE (3) COPIES OF RELEASABLE MAPS PRODUCED BY EACH AGENCY AT
SCALE 1:200,000 AND SMALLER.
C. RELIEF MAPS WILL BE EXCHANGED SUBJECT TO SPECIFIC REQUESTS.
D. GEODETIC, ASTRONOMIC, TRIANGULATION, LEVELLING, AND GRAVITY DATA
SHALL BE EXCHANGED SUBJECT T SPECIFIC REQUESTS.
2. PUBLICATIONS.
THE DMA AND IGN WILL AUTOMATICALLY EXCHANGE:
(1) TWO (2) COPIES OF ALL PUBLICATIONS SUCH AS TECHNICAL MANUALS,
GAZETTEERS, GLOSSARIES, ETC. PRODUCED BY EACH AGENCY.
(2) TWO (2) COPIES OF CATALOGS WITH SUPPLEMENTAL INDEXES OF MAPS
EXCHANGEABLE UNDER THIS AGREEMENT.
(3) TWO (2) COPIES OF PUBLICATION LISTS, PROGRESS REPORTS, ETC.
PRODUCED BY EACH AGENCY.
3. EXCHANGES ESTABLISHED UNDER PROVISIONS OF THIS AGREEMENT ARE ON A
GRATIS BASIS AND EITHER PARTY IS FREE TO UTILIZE MATERIAL THUS OBTAINED
SUBJECT TO THE FOLLOWING:
A. COPYRIGHTS WILL BE PROTECTED.
B. THE EXCHANGE OF MAPS AND RELATED MATERIALS IS LIMITED BY ANY
RESTRICTION PLACED UPON THEIR RELEASE.
C. THAT MATERIALS EXCHANGED UNDER THIS ARRANGEMENT WILL NOT BE
SUBSEQUENTLY PROVIDED BY THE RECEIVING AGENCY TO ANY INDIVIDUAL OUTSIDE
ITS GOVERNMENT UNLESS THE WRITTEN CONSENT OF THE PRODUCING PARTY IS
OBTAINED PRIOR TO RELEASE OF THE MATERIALS.
D. CLASSIFIED MATERIAL MAY BE EXCHANGED UNDER THE FOLLOWING
CONDITIONS:
(1) THE MATERIAL WILL BE GIVEN SUBSTANTIALLY THE SAME SECURITY
PROTECTION BY THE RECIPIENT AGENC AS IT IS AFFORDED BY THE RELEASING
AGENCY.
(2) THE MATERIAL WILL BE USED FOR OFFICIAL PURPOSES ONLY.
(3) THE MATERIAL WILL NOT BE SUPPLIED TO ANY OTHER NATION IN ANY FORM
WITHOUT THE CONSENT OF THE PRODUCING AGENCY.
4. REPRODUCTION MATERIAL OF ANY MAPS FURNISHED UNDER THIS AGREEMENT
MAY BE OBTAINED ON SPECIFIC REQUEST SUBJECT TO REIMBURSEMENT OF COST OR
BY QUID PRO QUO EXCHANGE.
5. ALL EXCHANGES UNDER THE TERMS OF THIS AGREEMENT WILL BE
TRANSMITTED THROUGH THE U.S. DEFENSE ATTACHE IN PARIS.
6. HEADQUARTERS, DMA WILL BE RESPONSIBLE FOR MATTERS OF U.S.
POLICY, MAP RELEASE, AND OTHER BASI RESPONSIBILITIES UNDER THIS
AGREEMENT. THE DMA TOPOGRAPHIC CENTER WILL BE RESPONSIBLE FOR THE
PHYSICAL EXCHANGE OF MAPS AND RELATED DATA.
APPROVED FOR THE DEFENSE MAPPING AGENCY:
SIGNED
HOWARD W. PENNEY
LIEUTENANT GENERAL, USA
DIRECTOR
APPROVED FOR THE INSTITUT GEOGRAPHIQUE NATIONAL:
SIGNED
G. LACLAVERE
DIRECTEUR DE L'INSTITUT GEOGRAPHIQUE NATIONAL
APPENDIX A TO MEMORANDUM OF AGREEMENT BETWEEN THE U.S. DMA AND THE
IGN, FRANCE ON THE EXCHANGE OF MAPS AND RELATED PUBLICATIONS
LARGE SCALE MAPS TO BE PROVIDED IGN BY DMA:
SERIES SCALE AREA
M704 1:50,000 BULGARIA
M705 1:50,000 ROMANIA
M707 1:50,000 ALBANIA
M709 1:50,000 YUGOSLAVIA
M745 1:50,000 GERMAN DEMOCRATIC REPUBLIC
M751 1:50,000 POLAND
M752 1:50,000 FORMER EAST PRUSSIA
M772 1:50,000 CZECHOSLOVAKIA
M774 1:50,000 CZECHOSLOVAKIA
M775 1:50,000 HUNGARY
N701 1:50,000 WESTERN U.S.S.R.
N751 1:50,000 LITHUANIA
N752 1:50,000 LATVIA
N753 1:50,000 ESTONIA
G921 VARIOUS SENEGAL
G923 VARIOUS MALI
G924 VARIOUS MAURITANIA
G931 VARIOUS NIGER
G942 VARIOUS GUINEA
G952 VARIOUS TOGO
G953 VARIOUS DAHOMEY
G954 VARIOUS IVORY COAST
G955 VARIOUS UPPER VOLTA
G972 VARIOUS CAMEROON
G973 VARIOUS GABON
G981 VARIOUS CHAD
M964 VARIOUS FRANCE
P931 VARIOUS MOROCCO
P941 VARIOUS ALGERIA
P951 VARIOUS TUNISIA
ETHIOPIA 20 JUN 1974 FLITE DOCUMENT NO. 7502414
CREDIT AGREEMENT
CREDIT AGREEMENT BETWEEN THE GOVERNMENT OF ETHIOPIA AND THE
GOVERNMENT OF THE UNITED STATES OF AMERICA FOR THE PURCHASE OF DEFENSE
ARTICLES AND SERVICES
EMBASSY OF ETHIOPIA
2134 KALORAMA ROAD, N.W.
WASHINGTON, D.C. 20008
DEAR VICE ADMIRAL,
I REFER TO YOUR LETTER ADDRESSED TO ME AND BEARING TO-DAY'S DATE
WHICH IS REPRODUCED HEREUNDER IN FULL:
"THE DEPARTMENT OF DEFENSE IS PREPARED TO OFFER IN FY 1974 TO THE
IMPERIAL ETHIOPIAN GOVERNMENT CREDITS UP TO THE AMOUNT OF $11,000,000,
IN ACCORDANCE WITH THE FOREIGN MILITARY SALES ACT. SUCH CREDITS ARE TO
BE USED FOR THE PURCHASE OF DEFENSE ARTICLES AND DEFENSE SERVICES OF
U.S. ORIGIN.
THE LOAN IS TO BE REPAYABLE IN 16 SEMIANNUAL INSTALLMENTS BEGINNING 1
JULY 1976, WITH INTEREST PAYABLE AT A RATE OF 5% PER ANNUM WITH PAYMENT
OF INTEREST BEGINNING ON 1 JANUARY 1975.
IF THE AMOUNT OF CREDIT AND THE TERMS ARE ACCEPTABLE TO YOUR
GOVERNMENT, KINDLY SIGNIFY YOUR AGREEMENT BY JUNE 1974".
I WISH TO CONFIRM THE ACCEPTANCE OF MY GOVERNMENT OF THE AMOUNT AND
THE TERMS OF THE CREDIT AS SE OUT IN YOUR LETTER QUOTED ABOVE.
SIGNED
KIFLE WODAJO
AMBASSADOR
VICE ADMIRAL RAY PEET
DIRECTOR, DEFENCE SECURITY ASSISTANCY AGENCY
DEPARTMENT OF DEFENSE
WASHINGTON, D.C.
CREDIT AGREEMENT, MADE AND ENTERED INTO THE 20TH DAY OF JUNE, 1974,
BETWEEN THE IMPERIAL GOVERNMENT OF ETHIOPIA, REPRESENTED BY AMBASSADOR
KIFLE WOD AJO, AND THE GOVERNMENT OF THE UNITED STATES OF AMERICA,
REPRESENTED BY THE DEPARTMENT OF DEFENSE OF THE UNITED STATES OF
AMERICA.
WITNESSETH
WHEREAS, THE IMPERIAL GOVERNMENT OF ETHIOPIA (HEREINAFTER SOMETIMES
REFERRED TO AS THE "BORROWER" DESIRES TO ENTER INTO PURCHASE CONTRACTS
(HEREINAFTER REFERRED TO AS "PURCHASE ARRANGEMENTS") WITH THE MILITARY
DEPARTMENTS AND AGENCIES OF THE UNITED STATES DEPARTMENT OF DEFENSE
(HEREINAFTER REFERRED TO AS "DOD") AND/OR VARIOUS UNITED STATES
COMMERCIAL SUPPLIERS FOR THE PURCHASE OF DEFENSE ARTICLES AND SERVICES
OF UNITED STATES ORIGIN (HEREINAFTER COLLECTIVELY REFERRED TO AS
"DEFENSE ITEMS"); AND
WHEREAS, THE BORROWER HAS REQUESTED THE GOVERNMENT OF THE UNITED
STATES OF AMERICA (HEREINAFTER SOMETIMES REFERRED TO AS THE "LENDER") TO
FINANCE PAYMENTS REQUIRED TO BE MADE BY THE BORROWER UNDE THE PURCHASE
ARRANGEMENTS; AND
WHEREAS, THE AFORESAID REQUESTED CREDIT WILL FACILITATE THE PURPOSES
OF THE UNITED STATES FOREIGN MILITARY SALES ACT, AS AMENDED;
NOW THEREFORE, IN CONSIDERATION OF THE PREMISE AND THE MUTUAL
COVENANTS HEREINAFTER SET FORTH, AN IMPLEMENTATION OF, AND SUBJECT TO
THE PROVISIONS OF THE MUTUAL DEFENSE ASSISTANCE AGREEMENTS BETWEE THE
GOVERNMENT OF ETHIOPIA AND THE GOVERNMENT OF THE UNITED STATES OF
AMERICA, DATED 13 JUNE 1952 AND 22 MAY 1953, THE PARTIES HERETO AGREE AS
FOLLOWS:
1. SUBJECT TO THE TERMS AND CONDITIONS HEREOF, THE LENDER AGREES TO
MAKE LOANS TO THE BORROWER FROM TIME TO TIME IN AN AGGREGATE PRINCIPAL
AMOUNT UP TO BUT NOT EXCEEDING $11,000,000 (HEREINAFTER CALLED THE
"COMMITMENT").
2. THE AFORESAID COMMITMENT SHALL BE AVAILABLE ONLY TO FINANCE THE
PURCHASE OF DEFENSE ITEMS BY THE BORROWER PURSUANT TO PURCHASE
ARRANGEMENTS AUTHORIZED FOR SUCH FINANCING BY DOD WHICH ARE ENTERED INTO
BY THE BORROWER ON OR BEFORE 31 DECEMBER, 1975. EACH AUTHORIZATION FOR
THE BORROWER T ENTER INTO A PURCHASE ARRANGEMENT IN IMPLEMENTATION OF
THIS CREDIT AGREEMENT SHALL BE SEPARATELY COMMUNICATED BY DOD IN WRITING
TO THE BORROWER, WHICH AUTHORIZATION SHALL SPECIFY THE DEFENSE ITEMS AND
THE AMOUNT OF CREDIT AUTHORIZED FOR THE PURCHASE ARRANGEMENT. THE
BORROWER SHALL INCORPORATE INTO EACH SUCH PURCHASE ARRANGEMENT WITH
COMMERCIAL SUPPLIERS THE PROVISIONS OF ANNEX A HERETO AND ATTACH AS AN
EXHIBIT TO THE PURCHASE ARRANGEMENT A TRUE COPY OF THE APPLICABLE
AFORESAID AUTHORIZATION AND OF PARAGRAPH 9 OF THIS CREDIT AGREEMENT.
3. EACH LOAN HEREUNDER BY THE LENDER SHALL BE MADE IN ACCORDANCE
WITH THE FOLLOWING PROCEDURES:
(A) EACH LOAN SHALL BE MADE ON SUCH DATE (HEREINAFTER REFERRED TO AS
A "DISBURSEMENT DATE") AS MAY BE DESIGNATED BY THE BORROWER FROM TIME TO
TIME UPON TEN (10) DAYS WRITTEN NOTICE BY THE BORROWER TO THE LENDER.
(B) EACH NOTICE SHALL SPECIFY THE AMOUNT OF THE LOAN TO BE MADE BY
THE LENDER ON THE DISBURSEMEN DATE, AND SHALL SPECIFY THE SUPPLIER OR
SUPPLIERS (INCLUDING THE MILITARY DEPARTMENTS OR AGENCIES O DOD) TO WHOM
THE DISBURSEMENT IS TO BE REMITTED BY THE LENDER.
(C) EACH NOTICE SHALL BE PREPARED IN QUADRUPLICATE ON U.S. STANDARD
FORM 1034 AND SHALL BE SENT TO THE COMPTROLLER, DEFENSE SECURITY
ASSISTANCE AGENCY, THE PENTAGON, WASHINGTON, D.C. 20301.
(D) IN THE CASE OF DISBURSEMENTS REQUESTED TO BE MADE TO COMMERCIAL
SUPPLIERS, THE INVOICES SHAL BE PREPARED IN ACCORDANCE WITH THE
PROCEDURE SET FORTH IN ANNEX A HERETO.
(E) IN THE CASE OF DISBURSEMENTS REQUESTED TO BE MADE TO THE MILITARY
DEPARTMENTS AND AGENCIES O DOD, THE NOTICES SHALL HAVE ANNEXED THERETO
COPIES OF THE PAYMENT REQUEST RECEIVED BY THE BORROWER FROM SUCH
MILITARY DEPARTMENT OR AGENCY AGAINST WHICH DISBURSEMENT IS REQUESTED.
(F) WITH EACH NOTICE, THE BORROWER SHALL CONCURRENTLY TRANSMIT TO THE
LENDER AT THE ADDRESS SET FORTH IN SUBPARAGRAPH (C) ABOVE OF THIS
PARAGRAPH A PROMISSORY NOTE SUBSTANTIALLY IN THE FORM OF ANNEX B HERETO
(WITH THE BLANKS APPROPRIATELY FILLED IN) RECITING THE OBLIGATION OF THE
BORROWER TO REPAY THE AMOUNT OF SUCH LOAN WITH INTEREST THEREON AS
HEREINAFTER SET FORTH. (THE PROMISSORY NOTE HEREINABOVE REFERRED TO ARE
HEREINAFTER CALLED THE "NOTES" AND INDIVIDUALLY A "NOTE").
4.(A) ALL OCEAN TRANSPORTATION OF THE DEFENSE ARTICLES SHALL BE ON
VESSELS OF UNITED STATES REGISTRY. THE GOVERNMENT OF THE UNITED STATES
WILL GIVE SYMPATHETIC CONSIDERATION ON A CASE-BY-CAS BASIS TO REQUESTS
BY THE BORROWER JUSTIFYING SHIPMENT ON VESSELS OF THE REGISTRY OF THE
BORROWER. CONSIDERATION WILL BE GIVEN TO SECURITY REQUIREMENTS OF THE
BORROWER TO ASSURE SAFE ARRIVAL.
(B) THE BORROWER OR ITS COMMERCIAL SUPPLIERS SHALL BE RESPONSIBLE FOR
OBTAINING SUCH EXPORT LICENSES AS MAY BE NECESSARY FOR DEFENSE ITEMS
FINANCED HEREUNDER.
5. THIS AGREEMENT EVIDENCES THE LEGAL AND BINDING OBLIGATION OF THE
BORROWER TO MAKE REPAYMENTS TO THE LENDER FOR DISBURSEMENTS MADE BY THE
LENDER IN ACCORDANCE WITH THE TERMS HEREOF. THE LENDER MAY SELL OR
ASSIGN, IN WHOLE OR IN PART, ITS RIGHTS TO SAID REPAYMENTS AND MAY, WITH
RESPECT TO SUC SALE OR ASSIGNMENT, GUARANTEE PAYMENT OF THE SAME.
6.(A) THE BORROWER SHALL REPAY THE DISBURSEMENTS MADE BY THE LENDER
IN ACCORDANCE WITH THE PRINCIPAL REPAYMENT SCHEDULE SET FORTH IN ANNEX C
HERETO, AND SHALL PAY INTEREST SEMIANNUALLY ON TH FIRST OF JANUARY AND
THE FIRST OF JULY COMMENCING 1 JANUARY 1975, AT THE RATE OF FIVE PERCENT
(5%) PER ANNUM, USING A 365 DAY FACTOR, ON THE AMOUNT BY WHICH FROM TIME
TO TIME CUMULATIVE DISBURSEMENT EXCEED CUMULATIVE REPAYMENTS OF
PRINCIPAL.
(B) IF ON ANY INSTALLMENT REPAYMENT DATE SET FORTH IN THE PRINCIPAL
REPAYMENT SCHEDULE THE BORROWER SHALL NOT HAVE AVAILED ITSELF OF THE
COMMITMENT OF THE LENDER IN AN AGGREGATE AMOUNT (LESS REPAYMENTS
PREVIOUSLY MADE) EQUAL TO THE AGGREGATE INSTALLMENT OF PRINCIPAL WHICH
IS REPAYABLE ON SUCH DATE TO THE LENDER, THE BORROWER SHALL, ON SUCH
INSTALLMENT DATE, REPAY TO THE LENDER THE FULL AMOUNT (LESS REPAYMENTS
PREVIOUSLY MADE) TO WHICH IT HAS AVAILED ITSELF OF THE COMMITMENT OF THE
LENDER TO SUCH DATE, TOGETHER WITH THE INTEREST ACCRUED THEREON. IF AT
ANY TIME THEREAFTER THE BORROWER SHALL AVAIL ITSELF OF THE COMMITMENT OF
THE LENDER IN AN AMOUNT WHICH WOULD HAVE BEEN PAYABLE ON A PRIOR
INSTALLMENT REPAYMENT DATE BUT FOR THE PROVISIONS OF THE IMMEDIATELY
PRECEDING SENTENCE, SUCH AMOUNT; TOGETHER WITH THE INTEREST ACCRUED
THEREON, SHALL BE REPAYABLE ON THE NEXT SUCCEEDING INSTALLMENT DATE OF
THE PRINCIPAL REPAYMENT SCHEDULE OCCURRING AFTER THE DISBURSEMENT OF
SUCH AMOUNT AND THE SAID AGGREGATE INSTALLMENT OF PRINCIPAL REPAYABLE
UNDER THE PRINCIPAL REPAYMENT SCHEDULE TO THE LENDER ON THAT DATE SHALL
BE INCREASED BY SUCH AMOUNT.
(C) IF BY THE DATE SPECIFIED IN PARAGRAPH 2 ABOVE, THE BORROWER SHALL
NOT HAVE ENTERED INTO AUTHORIZED PURCHASE ARRANGEMENTS IN AN AGGREGATE
AMOUNT EQUAL TO THE ENTIRE AMOUNT OF THE COMMITMENT, THE INSTALLMENTS OF
PRINCIPAL REPAYABLE TO THE LENDER SET FORTH IN THE PRINCIPAL REPAYMENT
SCHEDULE SHALL BE REDUCED IN THE INVERSE ORDER OF THE MATURITY THEREOF
TO THE EXTENT OF THE UNUSED BALANCE OF THE COMMITMENT.
(D) WHENEVER ANY REPAYMENT TO BE MADE BY THE BORROWER SHALL BE DUE ON
A SATURDAY, SUNDAY, OR PUBLIC HOLIDAY UNDER THE LAWS OF THE LENDER, SUCH
REPAYMENT MAY BE MADE ON THE NEXT SUCCEEDING BUSINESS DAY, AND SUCH
EXTENSION OF TIME SHALL IN SUCH CASE BE INCLUDED IN COMPUTING INTEREST
IN CONNECTION WITH SUCH REPAYMENT BUT EXCLUDED FROM THE NEXT INTEREST
PERIOD.
(E) THE BORROWER MAY PREPAY THE CREDIT EXTENDED UNDER THIS AGREEMENT
IN PART OR IN FULL ON ANY INTEREST PAYMENT DATE WITHOUT PENALTY OR
PREMIUM, BUT SUCH PREPAYMENT MUST BE ACCOMPANIED BY PAYMEN OF INTEREST
ON THE AMOUNT PREPAID TO THE DATE OF PREPAYMENT AND MUST BE APPLIED TO
THE SATISFACTION OF INSTALLMENTS OF PRINCIPAL REPAYMENTS IN THE INVERSE
ORDER OF THEIR MATURITIES.
(F) ALL REPAYMENTS BY THE BORROWER ON ACCOUNT OF PRINCIPAL OR
INTEREST SHALL BE IN LAWFUL MONEY OF THE UNITED STATES OF AMERICA AND IN
IMMEDIATELY AVAILABLE FUNDS, FREE AND CLEAR OF, AND WITHOUT DEDUCTION
FOR, ANY AND ALL TAXES, LEVIES, IMPOSTS, DEDUCTIONS AND WITHHOLDINGS
WHATSOEVER IMPOSED, LEVIED, COLLECTED OR ASSESSED WITH RESPECT THERETO
BY ANY CENTRAL OR LOCAL AUTHORITY OF THE GOVERNMENT OF ETHIOPIA.
7.(A) THE NOTES SHALL BE FURTHER EVIDENCE OF THE OBLIGATION OF THE
BORROWER TO REPAY THE LOANS MADE HEREUNDER. EACH NOTE SHALL BE DATED
THE PARTICULAR DISBURSEMENT DATE OF THE LOAN WHICH SUCH NOTE EVIDENCES,
SHALL BE PAYABLE TO THE ORDER OF THE GOVERNMENT OF THE UNITED STATES IN
THE PRINCIPAL AMOUNT OF SUCH DISBURSEMENT, AND SHALL BEAR INTEREST ON
THE UNPAID PRINCIPAL AMOUNT THEREOF AS PROVIDED IN PARAGRAPH 6(A).
(B) THE NOTES SHALL BE COMPLETED BY THE BORROWER IN SUCH A MANNER
THAT REPAYMENT OF SUCH LOANS SHALL BE MADE IN THE ORDER OF THEIR
DISBURSEMENT, UTILIZING THE PRINCIPAL REPAYMENT SCHEDULE SET FORTH IN
ANNEX C (AS THE SAME MAY BE ADJUSTED IN ACCORDANCE WITH PARAGRAPHS 6(B)
AND (C) HEREOF), AND, IN DETERMINING WHETHER A PARTICULAR LOAN IS
REPAYABLE IN ONE OR MORE INSTALLMENTS, UTILIZING A PARTICULAR
INSTALLMENT PAYMENT DATE ONLY AFTER THE FULL UTILIZATION OF THE NEXT
PRECEDING INSTALLMENT DATE.
(C) EACH NOTE SHALL BE SIGNED ON BEHALF OF THE BORROWER BY A
REPRESENTATIVE OF THE IMPERIAL GOVERNMENT OF ETHIOPIA.
8.(A) THE BORROWER REPRESENTS AND WARRANTS THAT THE MAKING AND
PERFORMANCE OF THIS AGREEMENT HAV BEEN DULY AUTHORIZED IN ACCORDANCE
WITH THE LAWS OF THE IMPERIAL GOVERNMENT OF ETHIOPIA AND SHALL FURNISH
TO THE LENDER UPON REQUEST EVIDENCE, SATISFACTORY TO THE LENDER, OF THE
AUTHORITY OF THE PERSON OR PERSONS WHO HAVE SIGNED THIS AGREEMENT ON
BEHALF OF THE BORROWER AND OF THE PERSON OR PERSONS WHO WILL SIGN THE
NOTES PROVIDED FOR HEREIN ON BEHALF OF THE BORROWER, TOGETHER WITH THE
AUTHENTICATED SPECIMEN SIGNATURE, IN DUPLICATE, OF EACH OF THE LATTER.
(B) THIS AGREEMENT SHALL INURE TO THE BENEFIT OF THE HOLDERS OF THE
NOTES, THEIR RESPECTIVE SUCCESSORS AND ASSIGNS.
(C) THE BORROWER SHALL IN ALL CASES PAY WHEN AND AS DUE THE PRINCIPAL
OF AND INTEREST ON ALL NOTES ISSUED HEREUNDER, NOTWITHSTANDING ANY
CLAIMS WHICH THE BORROWER MAY NOW OR HEREAFTER HAVE AGAINST ANY SUPPLIER
OF THE DEFENSE ITEMS, DOD, THE LENDER, OR ANY OTHER PERSON OR ENTITY IN
CONNECTION WITH ANY OTHER TRANSACTION, FOR ANY REASON WHATSOEVER.
9. UPON THE OCCURRENCE OF ANY OF THE FOLLOWING EVENTS OF DEFAULT:
(A) IF THE BORROWER FAILS FOR A PERIOD OF TEN (10) DAYS TO MAKE ANY
PAYMENT OF PRINCIPAL OF, OR INTEREST ON, ANY NOTE WHEN DUE;
(B) IF ANY REPRESENTATION OR WARRANTY MADE BY THE BORROWER HEREIN OR
ANY CERTIFICATE FURNISHED B THE BORROWER PURSUANT HERETO PROVES TO BE AT
ANY TIME INCORRECT IN ANY MATERIAL RESPECT; OR
(C) IF THE BORROWER DEFAULTS IN THE PERFORMANCE OF ANY OTHER TERM,
COVENANT OR UNDERTAKING CONTAINED IN THIS CREDIT AGREEMENT, AND SUCH
DEFAULT SHALL CONTINUE UNREMEDIED FOR 30 DAYS AFTER WRITTEN NOTIFICATION
THEREOF SHALL HAVE BEEN GIVEN TO THE BORROWER BY THE LENDER; THEN, AND
IN ANY SUCH EVENT, THE HOLDER OF ANY NOTE MAY DECLARE IMMEDIATELY DUE
AND PAYABLE AND UNPAID PRINCIPAL OF, AND ACCRUED INTEREST ON, ANY OR ALL
NOTES HELD BY SUCH HOLDER AND SUCH AMOUNTS SHALL BECOME IMMEDIATELY DUE
AND PAYABLE WITHOUT PROTEST, PRESENTMENT, NOTICE OR OTHER DEMAND OF ANY
KIND, ALL O WHICH ARE HEREBY EXPRESSLY WAIVED BY THE BORROWER, AND THE
LENDER MAY TERMINATE ITS COMMITMENT HEREUNDER.
10. ALL COMMUNICATIONS AND OTHER DOCUMENTS REQUIRED OR PERMITTED
HEREUNDER, UNLESS SUBMITTED IN THE ENGLISH LANGUAGE, SHALL BE
ACCOMPANIED BY ONE ENGLISH TRANSLATION FOR EACH COPY OF SUCH DOCUMENTS
TO BE FURNISHED AND, IN THE EVENT OF CONFLICT, THE ENGLISH VERSION SHALL
GOVERN. EXCEPT AS OTHERWISE PROVIDED HEREIN, ALL NOTICES, REQUESTS OR
DEMANDS HEREUNDER SHALL BE DEEMED TO HAVE BEEN GIVEN OR MADE UPON THE
MAILING OF THE SAME, POSTAGE PREPAID, OR IN THE CASE OF TELEGRAPHIC
NOTICE, ON DELIVERY TO THE TELEGRAPHIC COMPANY, ADDRESSED IN THE CASE OF
THE BORROWER, TO THE EMBASSY OF ETHIOPIA 2134 KALORAMA ROAD, N.W.,
WASHINGTON, D.C. 20008, AND IN THE CASE OF THE LENDER TO THE DIRECTOR,
DEFENSE SECURITY ASSISTANCE AGENCY, THE PENTAGON, WASHINGTON, D.C.
20301.
11. THIS AGREEMENT MAY BE EXECUTED IN ANY NUMBER OF COUNTERPARTS AND
BY THE PARTIES HERETO ON SEPARATE COUNTERPARTS, EACH OF WHICH SHALL BE
DEEMED AN ORIGINAL BUT ALL SUCH COUNTERPARTS TO CONSTITUTE ONE AND SAME
INSTRUMENT.
12. ANNEXES A THROUGH C ATTACHED HERETO ARE, BY THIS REFERENCE, MADE
A PART OF THIS AGREEMENT.
IN WITNESS WHEREOF, THE PARTIES HERETO HAVE DULY EXECUTED THIS
AGREEMENT 20TH DAY OF JUNE 1974.
IMPERIAL GOVERNMENT OF ETHIOPIA
SIGNED
BY KIFLE WODAJO
AMBASSADOR OF ETHIOPIA
GOVERNMENT OF THE UNITED STATES OF AMERICA
SIGNED
BY RAY PEET
VICE ADMIRAL, USN
DIRECTOR, DEFENSE SECURITY
ASSISTANCE AGENCY
ANNEX A AND ANNEX A2
PAYMENT PROCEDURES
THE FOLLOWING PROCEDURES AND CONDITIONS SHALL BE ADHERED TO PRIOR TO
EACH DISBURSEMENT TO BE MADE BY THE GOVERNMENT OF THE UNITED STATES FOR
THE ACCOUNT OF THE GOVERNMENT OF ETHIOPIA.
1. THE SUPPLIER SHALL PREPARE AND SUBMIT TO THE DESIGNATED
REPRESENTATIVES OF THE GOVERNMENT OF ETHIOPIA IN WASHINGTON, D.C.
INVOICES ON U.S. STANDARD FORM 1034 IN SUFFICIENT NUMBER OF COPIES TO
PERMIT THE FORWARDING OF FOUR COPIES TO THE DISBURSING OFFICER
DESIGNATED IN PARAGRAPH 5 BELOW.
2. THE SUPPLIER SHALL INSURE THAT EACH INVOICE IS IN ACCORDANCE WITH
RELEVANT PROVISIONS OF ITS PURCHASE ARRANGEMENT WITH THE GOVERNMENT OF
ETHIOPIA.
3. THE SUPPLIER SHALL ATTACH TO EACH INVOICE A STATEMENT THAT
AUTHORIZED REPRESENTATIVES OF THE GOVERNMENT OF THE UNITED STATES SHALL,
UNTIL THE EXPIRATION OF THREE YEARS AFTER FINAL PAYMENT HEREUNDER, HAVE
ACCESS TO AND THE RIGHT TO EXAMINE ANY DIRECTLY RELATED PERTINENT BOOKS,
DOCUMENTS, PAPERS AND RECORDS OF THE SUPPLIER INVOLVING TRANSACTIONS
RELATING TO THE AFORESAID PURCHASE ARRANGEMENT.
4. TO THE EXTENT THAT ANY INVOICE REQUESTS PAYMENT OF ADVANCES, AS
DISTINGUISHED FROM PAYMENT FO DELIVERY OF DEFENSE ITEMS OR REIMBURSEMENT
IN THE FORM OF PROGRESS PAYMENTS FOR WORK OR SERVICES PERFORMED, THE
SUPPLIER SHALL ATTACH TO THE INVOICE A STATEMENT SETTING FORTH THE
UNDERTAKING OF TH SUPPLIER THAT THE FULL AMOUNT OF THE ADVANCE WILL BE
MAINTAINED BY THE SUPPLIER IN A SEGREGATED ACCOUNT WHICH WILL BE APPLIED
SOLELY TO THE PERFORMANCE OF THE SUPPLIER'S OBLIGATIONS UNDER THE
PURCHASE ARRANGEMENT.
5. THE DESIGNATED REPRESENTATIVE OF THE GOVERNMENT OF ETHIOPIA IN
WASHINGTON, D.C. SHALL FORWARD SUCH INVOICES TO THE COMPTROLLER, DEFENSE
SECURITY ASSISTANCE AGENCY, THE PENTAGON, WASHINGTON, D.C 20301.
6. EACH INVOICE SHALL BE ACCOMPANIED BY A CERTIFICATION OF THE
GOVERNMENT OF ETHIOPIA AS FOLLOWS
THE GOVERNMENT OF ETHIOPIA CONFIRMS (THAT THE DEFENSE ITEMS SET FORTH
HEREIN HAVE BEEN SATISFACTORILY RECEIVED BY OR FOR THE GOVERNMENT OF
ETHIOPIA) (THAT THE WORK OR SERVICES FOR WHICH PROGRESS PAYMENTS ARE
REQUESTED HAVE BEEN SATISFACTORILY RENDERED) (THAT PAYMENT IS OTHERWISE
DUE) UNDER ITS PURCHASE ARRANGEMENT OF (DATE) FOR THE PURCHASE OF
DEFENSE ITEMS FROM SUPPLIER AND CERTIFIES THAT THE BILL IS CORRECT AND
JUST AND THAT PAYMENT THEREFOR HAS NOT BEEN MADE. PAYMENT O THIS
INVOICE IS REQUESTED BY THE IMPERIAL GOVERNMENT OF ETHIOPIA PURSUANT TO
THE TERMS OF THE CREDI AGREEMENT OF (DATE) BETWEEN THE IMPERIAL
GOVERNMENT OF ETHIOPIA AND THE GOVERNMENT OF THE UNITED STATES OF
AMERICA. THE IMPERIAL GOVERNMENT OF ETHIOPIA CONFIRMS THAT SAID
PURCHASE ARRANGEMENT IS ONE OF THE PURCHASE ARRANGEMENTS AUTHORIZED BY
THE DEPARTMENT OF DEFENSE OF THE UNITED STATES OF AMERICA PURSUANT TO
THE AFORSAID CREDIT AGREEMENT OF (DATE) AND FURTHER CONFIRMS THAT THE
CUMULATIVE TOTAL OF THIS INVOICE AND INVOICES PREVIOUSLY PAID BY THE
GOVERNMENT OF THE UNITED STATE AGAINST SAID PURCHASE AGREEMENT DOES NOT
EXCEED THE AGGREGATE CREDIT CEILING ESTABLISHED BY THE GOVERNMENT OF THE
UNITED STATES FOR THE SAID PURCHASE ARRANGEMENT.
IMPERIAL GOVERNMENT OF ETHIOPIA
BY (NAME TYPED)
(TITLE)
ANNEX B AND ANNEX B2
PROMISSORY NOTE
U.S. $__________, WASHINGTON, D.C.
FOR VALUE RECEIVED, THE UNDERSIGNED, THE GOVERNMENT OF __________
(HEREIN CALLED "__________"), HEREBY PROMISES TO PAY TO THE ORDER OF THE
GOVERNMENT OF THE UNITED STATES OF AMERICA (HEREIN CALLE "UNITED
STATES") THE PRINCIPAL SUM OF __________ UNITED STATES DOLLARS (U.S.
$__________) AS FOLLOWS:
TOGETHER WITH INTEREST ON ANY AND ALL AMOUNTS REMAINING UNPAID
HEREUNDER FROM TIME TO TIME FROM THE DATE HEREOF UNTIL THIS NOTE SHALL
BE PAID IN FULL, PAYABLE SEMIANNUALLY ON __________ AND __________ OF
EACH YEAR FROM DATE HEREOF AT THE RATE OF _____ PER CENT PER ANNUM
(_____%) USING A 365 DAY FACTOR, BOTH PRINCIPAL AND INTEREST TO BE
PAYABLE IN LAWFUL MONEY OF THE UNITED STATES OF AMERICA AT THE U.S. ARMY
FINANCE COMPTROLLER INFORMATION SYSTEMS COMMAND, ATTN: MILITARY
ASSISTANCE/SALES ACCOUNTING DIVISION, 1000 INDEPENDENCE AVENUE, S.W.,
WASHINGTON, D.C. 20314. ALL PAYMENTS MADE ON ACCOUNT OF THE PRINCIPAL
AMOUNT REMAINING UNPAID HEREUNDER SHALL BE ENDORSED BY TH HOLDER ON THE
REVERSE SIDE OF THIS NOTE.
WHENEVER ANY PAYMENT TO BE MADE SHALL BE DUE ON A SATURDAY, SUNDAY,
OR A PUBLIC HOLIDAY UNDER THE LAWS OF THE GOVERNMENT OF THE UNITED
STATES, SUCH PAYMENT MAY BE MADE ON THE NEXT SUCCEEDING BUSINESS DAY,
AND SUCH EXTENSION OF TIME SHALL IN SUCH CASE BE INCLUDED IN COMPUTING
INTEREST IN CONNECTION WITH SUCH PAYMENT BUT EXCLUDED FROM THE NEXT
INTEREST PERIOD.
THIS NOTE MAY BE PREPAID ON ANY INTEREST PAYMENT DATE. PREPAYMENTS
SHALL BE APPLIED TO THE INSTALLMENTS HEREOF IN THE REVERSE ORDER OF
THEIR MATURITY. ALL PAYMENTS OF PRINCIPAL AND INTEREST ON THIS NOTE ARE
PAYABLE IN LAWFUL MONEY OF THE UNITED STATES OF AMERICA AND IN
IMMEDIATELY AVAILABLE FUNDS, FREE AND CLEAR OF, AND WITHOUT DEDUCTION
FOR, ANY TAXES, LEVIES, IMPOSTS, DEDUCTIONS, AND WITHHOLDINGS WHATSOEVER
NOW OR HEREAFTER IMPOSED, LEVIED, COLLECTED OR ASSESSED WIT RESPECT
THERETO BY ANY CENTRAL OR LOCAL AUTHORITY OF __________ AND SHALL BE
PAID FREE FROM ALL RESTRICTIONS OF ANY CENTRAL OR LOCAL AUTHORITY OF
__________.
THE IMPERIAL GOVERNMENT OF ETHIOPIA AGREES THAT JURISDICTION MAY BE
TAKEN BY COURTS IN THE DISTRICT OF COLUMBIA WITH RESPECT TO MATTERS
INVOLVING ANY NOTE, PROVIDED SUCH NOTE IS HELD BY AN INDIVIDUAL,
PARTNERSHIP, CORPORATION, OR OTHER PRIVATE LEGAL ENTITY.
THE IMPERIAL GOVERNMENT OF ETHIOPIA AGREES TO PAY ALL OUT-OF-POCKET
COSTS AND EXPENSES IN CONNECTION WITH COLLECTION AFTER DEFAULT OF THIS
NOTE (INCLUDING THE REASONABLE FEES AND OUT-OF-POCKET EXPENSES OF
COUNSEL) AS WELL AS ALL STAMP AND SIMILAR TAXES, IF ANY, NOW OR
HEREAFTER IN EFFECT, AND TO SAVE THE HOLDER OF THE NOTE HARMLESS FROM
ANY AND ALL LIABILITIES WITH RESPECT TO OR RESULTING FROM ANY DELAY OR
OMISSION TO PAY SUCH TAXES.
IMPERIAL GOVERNMENT OF ETHIOPIA
BY (NAME TYPED)
(TITLE)
ANNEX C
PRINCIPAL REPAYMENT SCHEDULE
THE FIRST $687,500 OF DISBURSEMENTS ARE REPAYABLE ON 1 JULY 1976
THE NEXT $687,500 OF DISBURSEMENTS ARE REPAYABLE ON 1 JANUARY 1977
THE NEXT $687,500 OF DISBURSEMENTS ARE REPAYABLE ON 1 JULY 1977
THE NEXT $687,500 OF DISBURSEMENTS ARE REPAYABLE ON 1 JANUARY 1978
THE NEXT $687,500 OF DISBURSEMENTS ARE REPAYABLE ON 1 JULY 1978
THE NEXT $687,500 OF DISBURSEMENTS ARE REPAYABLE ON 1 JANUARY 1979
THE NEXT $687,500 OF DISBURSEMENTS ARE REPAYABLE ON 1 JULY 1979
THE NEXT $687,500 OF DISBURSEMENTS ARE REPAYABLE ON 1 JANUARY 1980
THE NEXT $687,500 OF DISBURSEMENTS ARE REPAYABLE ON 1 JULY 1980
THE NEXT $687,500 OF DISBURSEMENTS ARE REPAYABLE ON 1 JANUARY 1981
THE NEXT $687,500 OF DISBURSEMENTS ARE REPAYABLE ON 1 JULY 1981
THE NEXT $687,500 OF DISBURSEMENTS ARE REPAYABLE ON 1 JANUARY 1982
THE NEXT $687,500 OF DISBURSEMENTS ARE REPAYABLE ON 1 JULY 1982
THE NEXT $687,500 OF DISBURSEMENTS ARE REPAYABLE ON 1 JANUARY 1983
THE NEXT $687,500 OF DISBURSEMENTS ARE REPAYABLE ON 1 JULY 1983
THE LAST $687,500 OF DISBURSEMENTS ARE REPAYABLE ON 1 JANUARY 1984
EL SALVADOR 17 JUN 1974 FLITE DOCUMENT NO. 7502413
CREDIT AGREEMENT
RELATING TO THE PURCHASE OF DEFENSE ITEMS
CREDIT AGREEMENT BETWEEN THE GOVERNMENT OF THE UNITED STATES OF
AMERICA AND THE GOVERNMENT OF EL SALVADOR RELATING TO THE PURCHASE OF
DEFENSE ITEMS
CREDIT AGREEMENT, MADE AND ENTERED INTO THE 17TH DAY OF JUNE, 1974,
BETWEEN THE GOVERNMENT OF EL SALVADOR, REPRESENTED BY ITS MINISTRY OF
DEFENSE, AND THE GOVERNMENT OF THE UNITED STATES OF AMERICA, REPRESENTED
BY THE DEPARTMENT OF DEFENSE OF THE UNITED STATES OF AMERICA.
WITNESSETH
WHEREAS, THE GOVERNMENT OF EL SALVADOR (HEREINAFTER SOMETIMES
REFERRED TO AS THE "BORROWER") DESIRES TO ENTER INTO PURCHASE CONTRACTS
(HEREINAFTER REFERRED TO AS "PURCHASE ARRANGEMENTS") WITH THE MILITARY
DEPARTMENTS AND AGENCIES OF THE UNITED STATES DEPARTMENT OF DEFENSE
(HEREINAFTER REFERRED TO AS "DOD") AND/OR VARIOUS UNITED STATES
COMMERCIAL SUPPLIERS FOR THE PURCHASE OF DEFENSE ARTICLES AND SERVICES
OF UNITED STATES ORIGIN (HEREINAFTER COLLECTIVELY REFERRED TO AS
"DEFENSE ITEMS"); AND
WHEREAS, THE BORROWER HAS REQUESTED THE GOVERNMENT OF THE UNITED
STATES OF AMERICA (HEREINAFTER SOMETIMES REFERRED TO AS THE "LENDER") TO
FINANCE PAYMENTS REQUIRED TO BE MADE BY THE BORROWER UNDE THE PURCHASE
ARRANGEMENTS; AND
WHEREAS, THE AFORESAID REQUESTED CREDIT WILL FACILITATE THE PURPOSES
OF THE UNITED STATES FOREIGN MILITARY SALES ACT, AS AMENDED;
NOW THEREFORE, IN CONSIDERATION OF THE PREMISE AND THE MUTUAL
COVENANTS HEREINAFTER SET FORTH, AN IN IMPLEMENTATION OF, AND SUBJECT TO
THE PROVISIONS OF THE MUTUAL DEFENSE ASSISTANCE AGREEMENT BETWEEN THE
GOVERNMENT OF EL SALVADOR AND THE GOVERNMENT OF THE UNITED STATES OF
AMERICA, DATED 13 APRIL 1962, THE PARTIES HERETO AGREE AS FOLLOWS:
1. SUBJECT TO THE TERMS AND CONDITIONS HEREOF, THE LENDER AGREES TO
MAKE LOANS TO THE BORROWER FROM TIME TO TIME IN AN AGGREGATE PRINCIPAL
AMOUNT UP TO BUT NOT EXCEEDING $500,000 (HEREINAFTER CALLED THE
"COMMITMENT").
2. THE AFORESAID COMMITMENT SHALL BE AVAILABLE ONLY TO FINANCE THE
PURCHASE OF DEFENSE ITEMS BY THE BORROWER PURSUANT TO PURCHASE
ARRANGEMENTS AUTHORIZED FOR SUCH FINANCING BY DOD WHICH ARE ENTERED INTO
BY THE BORROWER ON OR BEFORE 30 JUNE, 1976. EACH AUTHORIZATION FOR THE
BORROWER TO ENTER INTO A PURCHASE ARRANGEMENT IN IMPLEMENTATION OF THIS
CREDIT AGREEMENT SHALL BE SEPARATELY COMMUNICATED BY DOD IN WRITING TO
THE BORROWER, WHICH AUTHORIZATION SHALL SPECIFY THE DEFENSE ITEMS AND
THE AMOUNT OF CREDIT AUTHORIZED FOR THE PURCHASE ARRANGEMENT. THE
BORROWER SHALL INCORPORATE INTO EACH SUCH PURCHASE ARRANGEMENT WITH
COMMERCIAL SUPPLIERS THE PROVISIONS OF ANNEX A HERETO AND ATTACH AS AN
EXHIBIT TO THE PURCHASE ARRANGEMENT A TRUE COPY OF THE APPLICABLE
AFORESAID AUTHORIZATION AND OF PARAGRAPH 9 OF THIS CREDIT AGREEMENT.
3. EACH LOAN HEREUNDER BY THE LENDER SHALL BE MADE IN ACCORDANCE
WITH THE FOLLOWING PROCEDURES:
(A) EACH LOAN SHALL BE MADE ON SUCH DATE (HEREINAFTER REFERRED TO AS
A "DISBURSEMENT DATE") AS MAY BE DESIGNATED BY THE BORROWER FROM TIME TO
TIME UPON TEN (10) DAYS WRITTEN NOTICE BY THE BORROWER TO THE LENDER.
(B) EACH NOTICE SHALL SPECIFY THE AMOUNT OF THE LOAN TO BE MADE BY
THE LENDER ON THE DISBURSEMEN DATE, AND SHALL SPECIFY THE SUPPLIER OR
SUPPLIERS (INCLUDING THE MILITARY DEPARTMENTS OR AGENCIES O DOD) TO WHOM
THE DISBURSEMENT IS TO BE REMITTED BY THE LENDER.
(C) EACH NOTICE SHALL BE PREPARED IN QUADRUPLICATE ON U.S. STANDARD
FORM 1034 AND SHALL BE SENT TO THE COMPTROLLER, DEFENSE SECURITY
ASSISTANCE AGENCY, THE PENTAGON, WASHINGTON, D.C. 20301.
(D) IN THE CASE OF DISBURSEMENTS REQUESTED TO BE MADE TO COMMERCIAL
SUPPLIERS, THE INVOICES SHAL BE PREPARED IN ACCORDANCE WITH THE
PROCEDURE SET FORTH IN ANNEX A HERETO.
(E) IN THE CASE OF DISBURSEMENTS REQUESTED TO BE MADE TO THE MILITARY
DEPARTMENTS AND AGENCIES O DOD, THE NOTICES SHALL HAVE ANNEXED THERETO
COPIES OF THE PAYMENT REQUEST RECEIVED BY THE BORROWER FROM SUCH
MILITARY DEPARTMENT OR AGENCY AGAINST WHICH DISBURSEMENT IS REQUESTED.
(F) WITH EACH NOTICE, THE BORROWER SHALL CONCURRENTLY TRANSMIT TO THE
LENDER AT THE ADDRESS SET FORTH IN SUBPARAGRAPH (C) ABOVE OF THIS
PARAGRAPH A PROMISSORY NOTE SUBSTANTIALLY IN THE FORM OF ANNEX B HERETO
(WITH THE BLANKS APPROPRIATELY FILLED IN) RECITING THE OBLIGATION OF THE
BORROWER TO REPAY THE AMOUNT OF SUCH LOAN WITH INTEREST THEREON AS
HEREINAFTER SET FORTH. (THE PROMISSORY NOTE HEREINABOVE REFERRED TO ARE
HEREINAFTER CALLED THE "NOTES" AND INDIVIDUALLY A "NOTE").
4.(A) ALL OCEAN TRANSPORTATION OF THE DEFENSE ARTICLES SHALL BE ON
VESSELS OF UNITED STATES REGISTRY. THE GOVERNMENT OF THE UNITED STATES
WILL GIVE SYMPATHETIC CONSIDERATION ON A CASE-BY-CAS BASIS TO REQUESTS
BY THE BORROWER JUSTIFYING SHIPMENT ON VESSELS OF THE REGISTRY OF THE
BORROWER. CONSIDERATION WILL BE GIVEN TO SECURITY REQUIREMENTS OF THE
BORROWER TO ASSURE SAFE ARRIVAL.
(B) THE BORROWER OR ITS COMMERCIAL SUPPLIERS SHALL BE RESPONSIBLE FOR
OBTAINING SUCH EXPORT LICENSES AS MAY BE NECESSARY FOR DEFENSE ITEMS
FINANCED HEREUNDER.
5. THIS AGREEMENT EVIDENCES THE LEGAL AND BINDING OBLIGATION OF THE
BORROWER TO MAKE REPAYMENTS TO THE LENDER FOR DISBURSEMENTS MADE BY THE
LENDER IN ACCORDANCE WITH THE TERMS HEREOF. THE LENDER MAY SELL OR
ASSIGN, IN WHOLE OR IN PART, ITS RIGHTS TO SAID REPAYMENTS AND MAY, WITH
RESPECT TO SUC SALE OR ASSIGNMENT, GUARANTEE PAYMENT OF THE SAME.
6.(A) THE BORROWER SHALL REPAY THE DISBURSEMENTS MADE BY THE LENDER
IN ACCORDANCE WITH THE PRINCIPAL REPAYMENT SCHEDULE SET FORTH IN ANNEX C
HERETO, AND SHALL PAY INTEREST SEMIANNUALLY ON 30 JUNE AND 31 DECEMBER
COMMENCING 31 DECEMBER 1974, AT THE RATE OF SEVEN AND SEVEN-EIGHTS
PERCENT (7 7/8%) PER ANNUM, USING A 365 DAY FACTOR, ON THE AMOUNT BY
WHICH FROM TIME TO TIME CUMULATIVE DISBURSEMENTS EXCEED CUMULATIVE
REPAYMENTS OF PRINCIPAL.
(B) IF ON ANY INSTALLMENT REPAYMENT DATE SET FORTH IN THE PRINCIPAL
REPAYMENT SCHEDULE THE BORROWER SHALL NOT HAVE AVAILED ITSELF OF THE
COMMITMENT OF THE LENDER IN AN AGGREGATE AMOUNT (LESS REPAYMENTS
PREVIOUSLY MADE) EQUAL TO THE AGGREGATE INSTALLMENT OF PRINCIPAL WHICH
IS REPAYABLE ON SUCH DATE TO THE LENDER, THE BORROWER SHALL, ON SUCH
INSTALLMENT DATE, REPAY TO THE LENDER THE FULL AMOUNT (LESS REPAYMENTS
PREVIOUSLY MADE) TO WHICH IT HAS AVAILED ITSELF OF THE COMMITMENT OF THE
LENDER TO SUCH DATE, TOGETHER WITH THE INTEREST ACCRUED THEREON. IF AT
ANY TIME THEREAFTER THE BORROWER SHALL AVAIL ITSELF OF THE COMMITMENT OF
THE LENDER IN AN AMOUNT WHICH WOULD HAVE BEEN PAYABLE ON A PRIOR
INSTALLMENT REPAYMENT DATE BUT FOR THE PROVISIONS OF THE IMMEDIATELY
PRECEDING SENTENCE, SUCH AMOUNT, TOGETHER WITH THE INTEREST ACCRUED
THEREON, SHALL BE REPAYABLE ON THE NEXT SUCCEEDING INSTALLMENT DATE OF
THE PRINCIPAL REPAYMENT SCHEDULE OCCURRING AFTER THE DISBURSEMENT OF
SUCH AMOUNT AND THE SAID AGGREGATE INSTALLMENT OF PRINCIPAL REPAYABLE
UNDER THE PRINCIPAL REPAYMENT SCHEDULE TO THE LENDER ON THAT DATE SHALL
BE INCREASED BY SUCH AMOUNT.
(C) IF BY THE DATE SPECIFIED IN PARAGRAPH 2 ABOVE, THE BORROWER SHALL
NOT HAVE ENTERED INTO AUTHORIZED PURCHASE ARRANGEMENTS IN AN AGGREGATE
AMOUNT EQUAL TO THE ENTIRE AMOUNT OF THE COMMITMENT, THE INSTALLMENTS OF
PRINCIPAL REPAYABLE TO THE LENDER SET FORTH IN THE PRINCIPAL REPAYMENT
SCHEDULE SHALL BE REDUCED IN THE INVERSE ORDER OF THE MATURITY THEREOF
TO THE EXTENT OF THE UNUSED BALANCE OF THE COMMITMENT.
(D) WHENEVER ANY REPAYMENT TO BE MADE BY THE BORROWER SHALL BE DUE ON
A SATURDAY, SUNDAY, OR PUBLIC HOLIDAY UNDER THE LAWS OF THE LENDER, SUCH
REPAYMENT MAY BE MADE ON THE NEXT SUCCEEDING BUSINESS DAY, AND SUCH
EXTENSION OF TIME SHALL IN SUCH CASE BE INCLUDED IN COMPUTING INTEREST
IN CONNECTION WITH SUCH REPAYMENT BUT EXLUDED FROM THE NEXT INTEREST
PERIOD.
(E) THE BORROWER MAY PREPAY THE CREDIT EXTENDED UNDER THIS AGREEMENT
IN PART OR IN FULL ON ANY INTEREST PAYMENT DATE WITHOUT PENALTY OR
PREMIUM, BUT SUCH PREPAYMENT MUST BE ACCOMPANIED BY PAYMEN OF INTEREST
ON THE AMOUNT PREPAID TO THE DATE OF PREPAYMENT AND MUST BE APPLIED TO
THE SATISFACTION OF INSTALLMENTS OF PRINCIPAL REPAYMENTS IN THE INVERSE
ORDER OF THEIR MATURITIES.
(F) ALL REPAYMENTS BY THE BORROWER ON ACCOUNT OF PRINCIPAL OR
INTEREST SHALL BE IN LAWFUL MONEY OF THE UNITED STATES OF AMERICA AND IN
IMMEDIATELY AVAILABLE FUNDS, FREE AND CLEAR OF, AND WITHOUT DEDUCTION
FOR, ANY AND ALL TAXES, LEVIES, IMPOSTS, DEDUCTIONS AND WITHHOLDINGS
WHATSOEVER IMPOSED, LEVIED, COLLECTED OR ASSESSED WITH RESPECT THERETO
BY ANY CENTRAL OR LOCAL AUTHORITY OF EL SALVADOR
7.(A) THE NOTES SHALL BE FURTHER EVIDENCE OF THE OBLIGATION OF THE
BORROWER TO REPAY THE LOANS MADE HEREUNDER. EACH NOTE SHALL BE DATED
THE PARTICULAR DISBURSEMENT DATE OF THE LOAN WHICH SUCH NOTE EVIDENCES,
SHALL BE PAYABLE TO THE ORDER OF THE GOVERNMENT OF THE UNITED STATES IN
THE PRINCIPAL AMOUNT OF SUCH DISBURSEMENT, AND SHALL BEAR INTEREST ON
THE UNPAID PRINCIPAL AMOUNT THEREOF AS PROVIDED IN PARAGRAPH 6(A).
(B) THE NOTES SHALL BE COMPLETED BY THE BORROWER IN SUCH A MANNER
THAT REPAYMENT OF SUCH LOANS SHALL BE MADE IN THE ORDER OF THEIR
DISBURSEMENT, UTILIZING THE PRINCIPAL REPAYMENT SCHEDULE SET FORTH IN
ANNEX C (AS THE SAME MAY BE ADJUSTED IN ACCORDANCE WITH PARAGRAPHS 6(B)
AND (C) HEREOF), AND (IN DETERMINING WHETHER A PARTICULAR LOAN IS
REPAYABLE IN ONE OR MORE INSTALLMENTS, UTILIZING A PARTICULAR
INSTALLMENT PAYMENT DATE ONLY AFTER THE FULL UTILIZATION OF THE NEXT
PRECEDING INSTALLMENT DATE.
(C) EACH NOTE SHALL BE SIGNED ON BEHALF OF THE BORROWER BY THE ARMED
FORCES MILITARY ATTACHE OF THE EMBASSY OF EL SALVADOR, 2308 CALIFORNIA
STREET, N.W., WASHINGTON, D.C. 20008.
8.(A) THE BORROWER REPRESENTS AND WARRANTS THAT THE MAKING AND
PERFORMANCE OF THIS AGREEMENT HAV BEEN DULY AUTHORIZED IN ACCORDANCE
WITH THE LAWS OF EL SALVADOR AND SHALL FURNISH TO THE LENDER UPO REQUEST
EVIDENCE, SATISFACTORY TO THE LENDER, OF THE AUTHORITY OF THE PERSON OR
PERSONS WHO HAVE SIGNED THIS AGREEMENT ON BEHALF OF THE BORROWER AND OF
THE PERSON OR PERSONS WHO WILL SIGN THE NOTE PROVIDED FOR HEREIN ON
BEHALF OF THE BORROWER, TOGETHER WITH THE AUTHENTICATED SPECIMEN
SIGNATURE, IN DUPLICATE, OF EACH OF THE LATTER.
(B) THIS AGREEMENT SHALL INURE TO THE BENEFIT OF THE HOLDERS OF THE
NOTES, THEIR RESPECTIVE SUCCESSORS AND ASSIGNS. THIS AGREEMENT AND THE
NOTES SHALL BE DEEMED TO BE CONTRACTS UNDER THE LAW OF THE DISTRICT OF
COLUMBIA AND FOR ALL PURPOSES SHALL BE CONSTRUED IN ACCORDANCE WITH SAID
LAW. THE BORROWER AGREES THAT JURISDICTION MAY BE TAKEN BY COURTS IN
THE DISTRICT OF COLUMBIA WITH RESPECT TO MATTERS INVOLVING ANY NOTE,
PROVIDED SUCH NOTE IS HELD BY AN INDIVIDUAL, PARTNERSHIP, CORPORATION,
OR OTHER PRIVATE LEGAL ENTITY.
(C) THE BORROWER SHALL IN ALL CASES PAY WHEN AND AS DUE THE PRINCIPAL
OF AND INTEREST ON ALL NOTES ISSUED HEREUNDER, NOTWITHSTANDING ANY
CLAIMS WHICH THE BORROWER MAY NOW OR HEREAFTER HAVE AGAINST ANY SUPPLIER
OF THE DEFENSE ITEMS, DOD, THE LENDER, OR ANY OTHER PERSON OR ENTITY IN
CONNECTION WITH ANY OTHER TRANSACTION, FOR ANY REASON WHATSOEVER.
9. UPON THE OCCURRENCE OF ANY OF THE FOLLOWING EVENTS OF DEFAULT:
(A) IF THE BORROWER FAILS FOR A PERIOD OF TEN (10) DAYS TO MAKE ANY
PAYMENT OF PRINCIPAL OF, OR INTEREST ON, ANY NOTE WHEN DUE;
(B) IF ANY REPRESENTATION OR WARRANTY MADE BY THE BORROWER HEREIN OR
ANY CERTIFICATE FURNISHED B THE BORROWER PURSUANT HERETO PROVES TO BE AT
ANY TIME INCORRECT IN ANY MATERIAL RESPECT; OR
(C) IF THE BORROWER DEFAULTS IN THE PERFORMANCE OF ANY OTHER TERM,
COVENANT OR UNDERTAKING CONTAINED IN THIS CREDIT AGREEMENT, AND SUCH
DEFAULT SHALL CONTINUE UNREMEDIED FOR 30 DAYS AFTER WRITTEN NOTIFICATION
THEREOF SHALL HAVE BEEN GIVEN TO THE BORROWER BY THE LENDER;
THEN, AND IN ANY SUCH EVENT, THE HOLDER OF ANY NOTE MAY DECLARE
IMMEDIATELY DUE AND PAYABLE THE UNPAID PRINCIPAL OF, AND ACCRUED
INTEREST ON, ANY OR ALL NOTES HELD BY SUCH HOLDER AND SUCH AMOUNTS SHALL
BECOME IMMEDIATELY DUE AND PAYABLE WITHOUT PROTEST, PRESENTMENT, NOTICE
OR OTHER DEMAND OF AN KIND, ALL OF WHICH ARE HEREBY EXPRESSLY WAIVED BY
THE BORROWER, AND THE LENDER MAY TERMINATE ITS COMMITMENT HEREUNDER.
10. ALL COMMUNICATIONS AND OTHER DOCUMENTS REQUIRED OR PERMITTED
HEREUNDER, UNLESS SUBMITTED IN THE ENGLISH LANGUAGE, SHALL BE
ACCOMPANIES BY ONE ENGLISH TRANSLATION FOR EACH COPY OF SUCH DOCUMENTS
TO BE FURNISHED AND, IN THE EVENT OF CONFLICT, THE ENGLISH VERSION SHALL
GOVERN. EXCEPT AS OTHERWISE PROVIDED HEREIN, ALL NOTICES, REQUESTS OR
DEMANDS HEREUNDER SHALL BE DEEMED TO HAVE BEEN GIVEN OR MADE UPON THE
MAILING OF THE SAME, POSTAGE PREPAID, OR IN THE CASE OF TELEGRAPHIC
NOTICE, ON DELIVERY TO THE TELEGRAPHIC COMPANY, ADDRESSED IN THE CASE OF
THE BORROWER, TO THE ARMED FORCES MILITARY ATTACHE OF THE EMBASSY OF EL
SALVADOR, 2308 CALIFORNIA STREET, N.W., WASHINGTON, D.C. 20008, AND IN
THE CASE OF THE LENDER TO THE DIRECTOR, DEFENSE SECURITY ASSISTANCE
AGENCY, THE PENTAGON, WASHINGTON, D.C. 20301.
11. THIS AGREEMENT MAY BE EXECUTED IN ANY NUMBER OF COUNTERPARTS AND
BY THE PARTIES HERETO ON SEPARATE COUNTERPARTS, EACH OF WHICH SHALL BE
DEEMED AN ORIGINAL BUT ALL SUCH COUNTERPARTS TO CONSTITUTE ONE AND THE
SAME INSTRUMENT.
12. ANNEXES A THROUGH C ATTACHED HERETO ARE, BY THIS REFERENCE, MADE
A PART OF THIS AGREEMENT.
IN WITNESS WHERE OF, THE PARTIES HERETO HAVE DULY EXECUTED THIS
AGREEMENT 17TH DAY OF JUNE 1974.
GOVERNMENT OF EL SALVADOR
SIGNED
BY COLONEL JUAN DE D. ESCAMILLA
ACTING ARMED FORCES MILITARY ATTACHE OF THE EMBASSY OF EL SALVADOR IN
WASHINGTON, D.C.
GOVERNMENT OF THE UNITED STATES OF AMERICA
SIGNED
BY RAY PEET, VICE ADMIRAL, USN
DIRECTOR, DEFENSE SECURITY
ASSISTANCE AGENCY
ANNEX A AND ANNEX A2
PAYMENT PROCEDURES
THE FOLLOWING PROCEDURES AND CONDITIONS SHALL BE ADHERED TO PRIOR TO
EACH DISBURSEMENT TO BE MADE BY THE GOVERNMENT OF THE UNITED STATES FOR
THE ACCOUNT OF THE GOVERNMENT OF __________.
1. THE SUPPLIER SHALL PREPARE AND SUBMIT TO THE DESIGNATED
REPRESENTATIVES OF THE GOVERNMENT OF __________ IN WASHINGTON, D.C.
INVOICES ON U.S. STANDARD FORM 1034 IN SUFFICIENT NUMBER OF COPIES T
PERMIT THE FORWARDING OF FOUR COPIES TO THE DISBURSING OFFICER
DESIGNATED IN PARAGRAPH 5 BELOW.
2. THE SUPPLIER SHALL INSURE THAT EACH INVOICE IS IN ACCORDANCE WITH
RELEVANT PROVISIONS OF ITS PURCHASE ARRANGEMENT WITH THE GOVERNMENT OF
__________.
3. THE SUPPLIER SHALL ATTACH TO EACH INVOICE A STATEMENT THAT
AUTHORIZED REPRESENTATIVES OF THE GOVERNMENT OF THE UNITED STATES SHALL,
UNTIL THE EXPIRATION OF THREE YEARS AFTER FINAL PAYMENT HEREUNDER, HAVE
ACCESS TO AND THE RIGHT TO EXAMINE ANY DIRECTLY RELATED PERTINENT BOOKS,
DOCUMENTS, PAPERS AND RECORDS OF THE SUPPLIER INVOLVING TRANSACTIONS
RELATING TO THE AFORESAID PURCHASE ARRANGEMENT.
4. TO THE EXTENT THAT ANY INVOICE REQUESTS PAYMENT OF ADVANCES, AS
DISTINGUISHED FROM PAYMENT FO DELIVERY OF DEFENSE ITEMS OR REIMBURSEMENT
IN THE FORM OF PROGRESS PAYMENTS FOR WORK OR SERVICES PERFORMED, THE
SUPPLIER SHALL ATTACH TO THE INVOICE A STATEMENT SETTING FORTH THE
UNDERTAKING OF TH SUPPLIER THAT THE FULL AMOUNT OF THE ADVANCE WILL BE
MAINTAINED BY THE SUPPLIER IN A SEGREGATED ACCOUNT WHICH WILL BE APPLIED
SOLELY TO THE PERFORMANCE OF THE SUPPLIER'S OBLIGATIONS UNDER THE
PURCHASE ARRANGEMENT.
5. THE DESIGNATED REPRESENTATIVE OF THE GOVERNMENT OF __________ IN
WASHINGTON, D.C. SHALL FORWARD SUCH INVOICES TO THE COMPTROLLER, DEFENSE
SECURITY ASSISTANCE AGENCY, THE PENTAGON, WASHINGTON, D.C. 20301.
6. EACH INVOICE SHALL BE ACCOMPANIED BY A CERTIFICATION OF THE
GOVERNMENT OF __________ AS FOLLOWS:
THE GOVERNMENT OF __________ CONFIRMS (THAT THE DEFENSE ITEMS SET
FORTH HEREIN HAVE BEEN SATISFACTORILY RECEIVED BY OR FOR THE GOVERNMENT
OF __________) (THAT THE WORK OR SERVICES FOR WHIC PROGRESS PAYMENTS ARE
REQUESTED HAVE BEEN SATISFACTORILY RENDERED) (THAT PAYMENT IS OTHERWISE
DUE) UNDER ITS PURCHASE ARRANGEMENT OF __________ FOR THE PURCHASE OF
DEFENSE ITEMS FROM SUPPLIER, AND CERTIFIES THAT THE BILL IS CORRECT AND
JUST AND THAT PAYMENT THEREFOR HAS NOT BEEN MADE. PAYMENT O THIS
INVOICE IS REQUESTED BY THE MINISTRY OF DEFENSE OF THE GOVERNMENT OF
__________ PURSUANT TO TH TERMS OF THE CREDIT AGREEMENT OF __________
BETWEEN THE __________ OF THE GOVERNMENT OF __________ AND THE
GOVERNMENT OF THE UNITED STATES OF AMERICA. THE GOVERNMENT OF
__________ CONFIRMS THAT SAI PURCHASE ARRANGEMENT IS ONE OF THE PURCHASE
ARRANGEMENTS AUTHORIZED BY THE DEPARTMENT OF DEFENSE OF THE UNITED
STATES OF AMERICA PURSUANT TO THE AFORESAID CREDIT AGREEMENT OF
__________ AND FURTHER CONFIRMS THAT THE CUMULATIVE TOTAL OF THIS
INVOICE AND INVOICES PREVIOUSLY PAID BY THE GOVERNMENT O THE UNITED
STATES AGAINST SAID PURCHASE ARRANGEMENT DOES NOT EXCEED THE AGGREGATE
CREDIT CEILING ESTABLISHED BY THE GOVERNMENT OF THE UNITED STATES FOR
THE SAID PURCHASE ARRANGEMENT.
GOVERNMENT OF __________
BY (NAME TYPED)
(TITLE)
ANNEX B AND ANNEX B2
PROMISSORY NOTE
U.S. $__________, WASHINGTON, D.C.
FOR VALUE RECEIVED, THE UNDERSIGNED, THE GOVERNMENT OF __________
(HEREIN CALLED "__________"), HEREBY PROMISES TO PAY TO THE ORDER OF THE
GOVERNMENT OF THE UNITED STATES OF AMERICA (HEREIN CALLE "UNITED
STATES") THE PRINCIPAL SUM OF __________ UNITED STATES DOLLARS (U.S.
$__________) AS FOLLOWS:
TOGETHER WITH INTEREST ON ANY AND ALL AMOUNTS REMAINING UNPAID
HEREUNDER FROM TIME TO TIME FROM THE DATE HEREOF UNTIL THIS NOTE SHALL
BE PAID IN FULL, PAYABLE SEMIANNUALLY ON __________ AND __________ OF
EACH YEAR FROM DATE HEREOF AT THE RATE OF __________ PERCENT PER ANNUM
(_____%) USING A 365 DAY FACTOR, BOTH PRINCIPAL AND INTEREST TO BE
PAYABLE IN LAWFUL MONEY OF THE UNITED STATES OF AMERICA AT THE OFFICE OF
THE COMPTROLLER, DEFENSE SECURITY ASSISTANCE AGENCY, ATTN: FINANCIAL
POLICY AND CONTROL DIVISION, THE PENTAGON, WASHINGTON, D.C. 20301. ALL
PAYMENTS MADE ON ACCOUNT OF THE PRINCIPAL AMOUNT REMAINING UNPAID
HEREUNDER SHALL BE ENDORSED BY THE HOLDER ON THE REVERSE SIDE OF THIS
NOTE.
WHENEVER ANY PAYMENT TO BE MADE SHALL BE DUE ON A SATURDAY, SUNDAY,
OR A PUBLIC HOLIDAY UNDER THE LAWS OF THE GOVERNMENT OF THE UNITED
STATES, SUCH PAYMENT MAY BE MADE ON THE NEXT SUCCEEDING BUSINESS DAY,
AND SUCH EXTENSION OF TIME SHALL IN SUCH CASE BE INCLUDED IN COMPUTING
INTEREST IN CONNECTION WITH SUCH PAYMENT BUT EXCLUDED FROM THE NEXT
INTEREST PERIOD.
THIS NOTE MAY BE PREPAID ON ANY INTEREST PAYMENT DATE. PREPAYMENTS
SHALL BE APPLIED TO THE INSTALLMENTS HEREOF IN THE REVERSE ORDER OF
THEIR MATURITY. ALL PAYMENTS OF PRINCIPAL AND INTEREST ON THIS NOTE ARE
PAYABLE IN LAWFUL MONEY OF THE UNITED STATES OF AMERICA AND IN
IMMEDIATELY AVAILABLE FUNDS, FREE AND CLEAR OF, AND WITHOUT DEDUCTION
FOR, ANY TAXES, LEVIES, IMPOSTS, DEDUCTIONS, AND WITHHOLDINGS WHATSOEVER
NOW OR HEREAFTER IMPOSED, LEVIED, COLLECTED OR ASSESSED WIT RESPECT
THERETO BY ANY CENTRAL OR LOCAL AUTHORITY OF __________ AND SHALL BE
PAID FREE FROM ALL RESTRICTIONS OF ANY CENTRAL OR LOCAL AUTHORITY OF
__________.
THE GOVERNMENT OF __________ AGREES TO PAY ALL OUT-OF-POCKET COSTS
AND EXPENSES IN CONNECTION WIT COLLECTION AFTER DEFAULT OF THIS NOTE
(INCLUDING THE REASONABLE FEES AND OUT-OF-POCKET EXPENSES OF COUNSEL) AS
WELL AS ALL STAMP AND SIMILAR TAXES, IF ANY, NOW OR HEREAFTER IN EFFECT,
AND TO SAVE TH HOLDER OF THE NOTE HARMLESS FROM ANY AND ALL LIABILITIES
WITH RESPECT TO OR RESULTING FROM ANY DELA OR OMISSION TO PAY SUCH
TAXES.
GOVERNMENT OF __________
BY (NAME TYPED)
(TITLE)
ANNEX C
PRINCIPAL REPAYMENT SCHEDULE
THE FIRST $50,000 OF DISBURSEMENTS ARE REPAYABLE ON 31 DEC 1974
THE NEXT $50,000 OF DISBURSEMENTS ARE REPAYABLE ON 30 JUN 1975
THE NEXT $50,000 OF DISBURSEMENTS ARE REPAYABLE ON 31 DEC 1975
THE NEXT $50,000 OF DISBURSEMENTS ARE REPAYABLE ON 30 JUN 1976
THE NEXT $50,000 OF DISBURSEMENTS ARE REPAYABLE ON 31 DEC 1976
THE NEXT $50,000 OF DISBURSEMENTS ARE REPAYABLE ON 30 JUN 1977
THE NEXT $50,000 OF DISBURSEMENTS ARE REPAYABLE ON 31 DEC 1977
THE NEXT $50,000 OF DISBURSEMENTS ARE REPAYABLE ON 30 JUN 1978
THE NEXT $50,000 OF DISBURSEMENTS ARE REPAYABLE ON 31 DEC 1978
THE LAST $50,000 OF DISBURSEMENTS ARE REPAYABLE ON 30 JUN 1979
ECUADOR 28 NOV 1972 FLITE DOCUMENT NO. 7502412
MEMORANDUM OF UNDERSTANDING
MEMORANDUM OF UNDERSTANDING BETWEEN THE REPUBLIC OF ECUADOR AND THE
UNITED STATES OF AMERICA TO PARTICIPATE IN HYDROGRAPHIC SURVEYS OF THE
PORTS AND COASTAL WATERS OF THE REPUBLIC OF ECUADOR.
MEMORANDUM OF UNDERSTANDING ON HYDROGRAPHY/CARTOGRAPHY
THE REPUBLIC OF ECUADOR AND THE UNITED STATES OF AMERICA
1. THE INSTITUTO OCEANOGRAFICO DE LA ARMADA (INOCAR) OF ECUADOR, THE
U.S. NAVAL OCEANOGRAPHIC OFFICE (NAVOCEANO), THE DEFENSE MAPPING AGENCY
HYDROGRAPHIC CENTER (DMAHC) AND THE DEFENSE MAPPING AGENCY INTER
AMERICAN GEODETIC SURVEY (DMA IAGS) OF THE U.S. AGREE BY MEANS OF THIS
MEMORANDUM OF UNDERSTANDING, TO PARTICIPATE IN HYDROGRAPHIC SURVEYS OF
THE PORTS AND COASTAL WATERS OF THE REPUBLIC OF ECUADOR. THIS JOINT
COOPERATIVE EFFORT IS TO BE CONDUCTED UNDER THE THEME OF THE HARBO
SURVEY ASSISTANCE PROGRAM (HARSAP) OF THE U.S. NAVAL OCEANOGRAPHIC
OFFICE. THE PURPOSE OF HARSAP AND GENERAL INSTRUCTIONS ARE PROVIDED IN
ATTACHMENT (1). RESULTANT REPRODUCTION OF CHARTS IN MODIFIED FACSIMILE
IS PROVIDED FOR IN ATTACHMENT (2).
2. UNDER THE TERMS OF THIS AGREEMENT AND SUBJECT TO THE AVAILABILITY
OF FUNDS, THE RESPONSIBILITIES OF THE PARTICIPATING AGENCIES ARE AS
FOLLOWS.
A. U.S. GOVERNMENT PARTICIPATION
(1) U.S. NAVAL OCEANOGRAPHIC OFFICE (NAVOCEANO). - NAVOCEANO WILL
PROVIDE:
(A) TECHNICAL ADVICE IN THE FORM OF PERIODIC VISITS TO ECUADOR BY THE
HARSAP COORDINATOR STATIONED IN THE CANAL ZONE OR BY OTHER TECHNICAL
PERSONNEL AS AVAILABLE. DAILY CONTACT WITH HARSA COORDINATOR STATIONED
IN THE CANAL ZONE OR BY OTHER TECHNICAL PERSONNEL AS AVAILABLE. DAILY
CONTAC WITH THE HARSAP COORDINATOR CAN ALSO BE MADE DURING NORMAL
WORKING HOURS THROUGH THE IAGS RADIO NETWORK.
(B) ADEQUATE TECHNICAL EQUIPMENT, AS AVAILABLE ON A LOAN BASIS, FOR
CONDUCTING THE HYDROGRAPHIC SURVEYS, INCLUDING THE MEASUREMENT OF SEA
CURRENTS, AND THE GATHERING OF BOTTOM SAMPLES OR OTHER RELATED SURVEY
DATA.
(C) THE NECESSARY SUPPLY OF BOAT SHEETS AND SMOOTH SHEET PAPER AND
MISCELLANEOUS REFERENCE MANUALS AND PUBLICATIONS.
(2) DMA IAGS WILL PROVIDE:
(A) IN-COUNTRY LIAISON WITH THE APPROPRIATE AGENCIES THROUGH THE DMA
IAGS PROJECT OFFICE IN ECUADOR.
(B) LOGISTIC SUPPORT IN THE SHIPPING OF TECHNICAL MATERIALS AND
EQUIPMENT TO AND FROM ECUADOR.
(C) DAY-BY-DAY MONITORING OF THE PROGRESS OF ALL HYDROGRAPHIC AND
OCEANOGRAPHIC IN-COUNTRY PROJECTS.
(D) ANY AVAILABLE TIDAL DATA IN THE SURVEY AREAS.
B. GOVERNMENT OF ECUADOR PARTICIPATION
(1) EL INSTITUTO OCEANOGRAFICO DE LA ARMADA DEL ECUADOR (INOCAR). -
INOCAR WILL PROVIDE:
(A) SUITABLE FACILITIES, EQUIPMENT, AND PERSONNEL FOR CONDUCTING THE
SURVEYS IN ACCORDANCE WITH THE ECUADORIAN HYDROGRAPHIC PLAN.
(B) A SUITABLE SURVEY SHIP AND/OR BOATS OR BOAT AS REQUIRED FOR EACH
SURVEY.
(C) THE NECESSARY GEODETIC CONTROL.
(D) FACILITIES AND PERSONNEL FOR THE COMPILATION AND PUBLICATION OF
THE NAUTICAL CHARTS.
3. SURVEY DATA AND CHART PRODUCTION
A. ALL ORIGINAL SURVEY DATA WILL BE RETAINED BY INOCAR IN ECUADOR FOR
PERMANENT RECORD WITH THE UNDERSTANDING THAT NAVOCEANO WILL BE PROVIDED
A STABLE BASE COPY OF ALL SMOOTH SHEETS AT THE CONCLUSION OF EACH
SURVEY. RELATED INFORMATION FOR SAILING DIRECTIONS OR OTHER
PUBLICATIONS WILL ALSO BE INCLUDED. NAVOCEANO AND DMAHC WILL BE
ACCORDED THE PRIVILEGE OF ACCESS TO THE ORIGINAL DAT IN THE FUTURE IF
THE NEED ARISES.
B. THE METRIC SYSTEM WILL BE USED ON CHARTS PREPARED FROM THESE
SURVEYS.
C. COMPILATION OF HYDROGRAPHIC DATA COLLECTED UNDER THIS MEMORANDUM
OF UNDERSTANDING WILL BE PERFORMED BY INOCAR FOR THE PURPOSE OF
PRODUCING NAUTICAL CHARTS. A COLOR PROOF OF EACH CHART WILL BE
FURNISHED TO DMAHC FOR EDITING ADVICE PRIOR TO PRINTING.
D. DMAHC WILL BE FURNISHED 6 COPIES, WITHOUT CHARGE, OF ALL NAUTICAL
CHARTS PUBLISHED UNDER THIS MEMORANDUM OF UNDERSTANDING.
E. FACSIMILE CHART REPRODUCTION MATERIAL WILL BE FURNISHED INOCAR OR
DMAHC AND THE RESULTING CHARTS PUBLISHED IN ACCORDANCE WITH ATTACHMENT
(2) TO THIS MEMORANDUM OF UNDERSTANDING.
SIGNED BY THE FOLLOWING PARTIES ON THE DATES INDICATED:
SIGNED
RAUL CANIZARES ROBLES
CAPITAN DE CORBETA UN.,
DIRECTOR DEL INSTITUTO OCEANOGRAFICO
DE LA ARMADA DEL ECUADOR
DATE 8 DEC. 1972
SIGNED
P.V. PURKRABEK
CAPTAIN, USN
COMMANDER U.S. NAVAL OCEANOGRAPHIC OFFICE
DATE 9 NOV 1972
SIGNED
J.W. DAVIES
CAPTAIN, USN
DIRECTOR, DEFENSE MAPPING
AGENCY
HYDROGRAPHIC CENTER
DATE 9 NOV 1972
SIGNED
HANS G. RUTHE
COLONEL, CE
DIRECTOR, DEFENSE MAPPING AGENCY
INTER-AMERICAN GEODETIC SURVEY
DATE 28 NOVEMBER 1972
COLOMBIA 4 FEB 1974 FLITE DOCUMENT NO. 7502411
AMENDMENT
AMENDMENT NO. 1 TO THE CREDIT AGREEMENT OF 28 FEBRUARY 1973 BETWEEN
THE GOVERNMENT OF COLOMBIA AN THE GOVERNMENT OF THE UNITED STATES OF
AMERICA DATED 4 FEBRUARY 1974
AMENDMENT NO. 1 TO THE CREDIT AGREEMENT BETWEEN THE GOVERNMENT OF
COLOMBIA AND THE GOVERNMENT OF THE UNITED STATES OF AMERICA DATED 28
FEBRUARY 1973
WHEREAS THE GOVERNMENT OF COLOMBIA HAS REQUESTED A RESCHEDULING OF
REPAYMENTS ON THE CREDIT AGREEMENT BETWEEN THE GOVERNMENT OF COLOMBIA
AND THE GOVERNMENT OF THE UNITED STATES OF AMERICA DATED 28 FEBRUARY
1973, TO PROVIDE FOR THE FIRST REPAYMENT TO BECOME DUE ON 31 DECEMBER
1974, WITH REPAYMENTS IN EQUAL SEMI-ANNUAL INSTALLMENTS THEREAFTER, THE
LAST REPAYMENT BEING DUE ON 30 JUNE 1982;
NOW THEREFORE IT IS AGREED THAT THE AFOREMENTIONED AGREEMENT IS
AMENDED AS FOLLOWS:
1. DELETE ANNEX C AND SUBSTITUTE IN LIEU THEREOF NEW ANNEX C DATED
16 JANUARY 1974, A COPY OF WHICH IS ATTACHED.
IN WITNESS WHEREOF, THE REPRESENTATIVES OF THE GOVERNMENT OF COLOMBIA
AND THE GOVERNMENT OF THE UNITED STATES OF AMERICA HAVE DULY EXECUTED
THIS AMENDMENT THIS 4TH DAY OF FEBRUARY 1974.
FOR THE GOVERNMENT OF COLOMBIA
SIGNED
DR. DOUGLAS BOTERO-BOSHELL
AMBASSADOR OF COLOMBIA
FOR THE GOVERNMENT OF THE UNITED STATES
SIGNED
RAY PEET
VICE ADMIRAL
DIRECTOR, DEFENSE SECURITY ASSISTANCE AGENCY
SEAL
CREDIT AGREEMENT BETWEEN THE GOVERNMENT OF COLOMBIA AND THE
GOVERNMENT OF THE UNITED STATES DATED 28 FEBRUARY 1973
REVISED ANNEX C
16 JANUARY 1974
THE FIRST $625,000 OF DISBURSEMENTS ARE REPAYABLE ON 31 DECEMBER 1974
THE NEXT $625,000 OF DISBURSEMENTS ARE REPAYABLE ON 30 JUNE 1975
THE NEXT $625,000 OF DISBURSEMENTS ARE REPAYABLE ON 31 DECEMBER 1975
THE NEXT $625,000 OF DISBURSEMENTS ARE REPAYABLE ON 30 JUNE 1976
THE NEXT $625,000 OF DISBURSEMENTS ARE REPAYABLE ON 31 DECEMBER 1976
THE NEXT $625,000 OF DISBURSEMENTS ARE REPAYABLE ON 30 JUNE 1977
THE NEXT $625,000 OF DISBURSEMENTS ARE REPAYABLE ON 31 DECEMBER 1977
THE NEXT $625,000 OF DISBURSEMENTS ARE REPAYABLE ON 30 JUNE 1978
THE NEXT $625,000 OF DISBURSEMENTS ARE REPAYABLE ON 31 DECEMBER 1978
THE NEXT $625,000 OF DISBURSEMENTS ARE REPAYABLE ON 30 JUNE 1979
THE NEXT $625,000 OF DISBURSEMENTS ARE REPAYABLE ON 31 DECEMBER 1979
THE NEXT $625,000 OF DISBURSEMENTS ARE REPAYABLE ON 30 JUNE 1980
THE NEXT $625,000 OF DISBURSEMENTS ARE REPAYABLE ON 31 DECEMBER 1980
THE NEXT $625,000 OF DISBURSEMENTS ARE REPAYABLE ON 30 JUNE 1981
THE NEXT $625,000 OF DISBURSEMENTS ARE REPAYABLE ON 31 DECEMBER 1981
THE LAST $625,000 OF DISBURSEMENTS ARE REPAYABLE ON 30 JUNE 1982
$10,000,000
CHILE 23 APR 1975 FLITE DOCUMENT NO. 7502410
AGREEMENT
INTERNAL AGREEMENT FOR THE MUTUAL SUPPLY OF NAVY SPECIAL FUEL OIL AND
DIESEL OIL BETWEEN THE NAVY OF CHILE AND THE U.S. NAVY.
INTERNAL AGREEMENT FOR THE MUTUAL SUPPLY OF NAVY SPECIAL FUEL OIL
(N.S.F.O.) AND DIESEL OIL BETWEEN THE NAVY OF CHILE AND THE U.S. NAVY
IN VALPARAISO ON THIS 23RD DAY OF APRIL, 1975, BETWEEN THE NAVY OF
CHILE, REPRESENTED BY THE DIRECTOR GENERAL OF SERVICES, AND THE U.S.
NAVY, REPRESENTED BY THE U.S. NAVAL ATTACHE IN CHILE, TH FOLLOWING IS
AGREED:
1. THE NAVY OF CHILE, IN ACCORDANCE WITH ITS CAPABILITIES, WILL
SUPPLY N.S.F.O. AND DIESEL OIL T SHIPS OF THE U.S. NAVY IN CHILEAN
TERRITORIAL WATERS WHEN REQUESTED BY THE COMMANDING OFFICERS OF THESE
SHIPS, THE U.S. NAVY OBLIGING ITSELF TO RESTORE THE FUEL IN THE
FOLLOWING MANNER:
A) THE RESTITUTION OF N.S.F.O. AND DIESEL OIL MUST TAKE PLACE AT
RODMAN NAVAL BASE (PANAMA CANAL ZONE) OR ANY OTHER PLACE PREVIOUSLY
AGREED BY BOTH PARTIES.
B) FOR FUEL WITHDRAWALS BY CHILEAN FLEET OILERS FOR TRANSPORTATION TO
CHILEAN WATERS AND FOR LATER USE BY UNITS IN CHILE A COMPENSATION EQUAL
TO SIX PERCENT (6%) OF THE AMOUNT DELIVERED TO THE TANKER WILL BE
GRANTED. IN THIS CASE, THE AMOUNT SHIPPED WILL BE REGISTERED ON THE
BILL MINUS THE COMPENSATORY AMOUNT OF SIX PERCENT (6%).
C) IF FUEL IS WITHDRAWN FOR THE USE OF A SHIP PASSING THROUGH THE
CANAL, THE BILL WILL BE CONSIGNED FOR THE REAL AMOUNT OF THE VOLUME
DELIVERED.
D) IF THE FUEL IS PURCHASE FROM THE STOCKS OF THE U.S. NAVY, IT WILL
BE BILLED AT NAVY STANDARD PRICES.
E) FOR ALL THESE EFFECTS, THE BARREL IS ESTABLISHED AS THE BASE UNIT.
2. THE MAXIMUM VOLUME OF N.S.F.O. AND/OR DIESEL OIL TO BE EXCHANGED
ANNUALLY IS 41,820 BARRELS.
ADMINISTRATION OF THE AGREEMENT
1. DURING JOINT FLEET EXERCISES THE OFFICER IN TACTICAL COMMAND IS
RESPONSIBLE FOR THE ADMINISTRATION OF FUEL SALES AND EXCHANGES.
2. FOR ONE-TIME TRANSACTIONS THE U.S. NAVAL ATTACHE IN CHILE IS
RESPONSIBLE FOR THE ADMINISTRATION WHEN TRANSACTION TAKE PLACE WITHIN
CHILEAN WATERS OR WITH CHILEAN NAVAL VESSELS.
3. THE U.S. NAVY REGIONAL FINANCE CENTER (PAD), WASHINGTON D.C. IS
DESIGNATED AS THE ACCOUNTING AUTHORITY IN THE UNITED STATES FOR THIS
AGREEMENT.
4. ANNUALLY, DURING THE MONTH OF DECEMBER, THE NAVY OF CHILE THROUGH
THE DIRECTOR GENERAL OF SERVICES WILL SEND TO THE U.S. NAVAL ATTACHE IN
CHILE A REPORT OF THE ACCOUNT OF FUEL EXISTING UP T THAT DATE, WHICH
WILL BE CONFIRMED OR OBSERVED. THIS OBSERVATION MUST BE MADE WITHIN A
PERIOD NO LONGER THAN SIXTY (60) DAYS IF THIS PERIOD HAS ELAPSED WITHOUT
COMMENT IT IS UNDERSTOOD THAT IT WAS APPROVED BY THE U.S. NAVY.
5. REQUEST FOR FUEL BY EITHER PARTY, EXCEPT FOR EMERGENCIES, SHOULD
BE MADE WITH PRUDENT ANTICIPATION AND SHOULD, WHEN POSSIBLE, SPECIFY THE
QUANTITY AND DESIRED DATE OF DELIVERY.
AS OF THE DATE OF THIS AGREEMENT THE U.S. NAVY AND THE NAVY OF CHILE
RECOGNIZE THE FOLLOWING FUEL BALANCES:
BALANCE IN BEHALF OF THE NAVY OF CHILE 64,620.60 BARRELS
DMFO
BALANCE IN BEHALF OF THE U.S. NAVY 3,158.30 BARRELS
SIGNED
GERALD T. BESCHTA
LIEUTENANT COMMANDER, UNITED STATES NAVY
ASSISTANT NAVAL ATTACHE
SIGNED
GERALD L. WOOD MCEWAN
VICE ADMIRAL
DIRECTOR GENERAL OF SERVICES
APPROVED BY: UNITED STATES NAVY PETROLEUM OFFICE, CAMERON STATION,
ALEXANDRIA, VA 22314
SIGNED
W.R. DRURY, CDR, SC, USN.
COMMANDING OFFICER
NAVY PETROLEUM OFFICE OFFICIAL
CHILE 28 JUN 1974 FLITE DOCUMENT NO. 7502409
CREDIT AGREEMENT
PURCHASE ARRANGEMENTS BETWEEN THE GOVERNMENT OF CHILE AND THE UNITED
STATES FOR THE PURCHASE OF DEFENSE ARTICLES AND SERVICES
CREDIT AGREEMENT, MADE AND ENTERED INTO THE 28TH DAY OF JUNE, 1974,
BETWEEN THE GOVERNMENT OF CHILE, REPRESENTED BY ITS AMBASSADOR, AND THE
GOVERNMENT OF THE UNITED STATES OF AMERICA, REPRESENTED BY THE
DEPARTMENT OF DEFENSE OF THE UNITED STATES OF AMERICA.
WITNESSETH
WHEREAS, THE GOVERNMENT OF CHILE (HEREINAFTER SOMETIMES REFERRED TO
AS THE "BORROWER") DESIRES TO ENTER INTO PURCHASE CONTRACTS (HEREINAFTER
REFERRED TO AS "PURCHASE ARRANGEMENTS") WITH THE MILITAR DEPARTMENTS AND
AGENCIES OF THE UNITED STATES DEPARTMENT OF DEFENSE (HEREINAFTER
REFERRED TO AS "DOD") AND/OR VARIOUS UNITED STATES COMMERCIAL SUPPLIERS
FOR THE PURCHASE OF DEFENSE ARTICLES AND SERVICES OF UNITED STATES
ORIGIN (HEREINAFTER COLLECTIVELY REFERRED TO AS "DEFENSE ITEMS"); AND
WHEREAS, THE BORROWER HAS REQUESTED THE GOVERNMENT OF THE UNITED
STATES OF AMERICA (HEREINAFTER SOMETIMES REFERRED TO AS THE "LENDER") TO
FINANCE PAYMENTS REQUIRED TO BE MADE BY THE BORROWER UNDE THE PURCHASE
ARRANGEMENTS; AND
WHEREAS, THE AFORESAID REQUESTED CREDIT WILL FACILITATE THE PURPOSES
OF THE UNITED STATES FOREIGN MILITARY SALES ACT, AS AMENDED;
NOW THEREFORE, IN CONSIDERATION OF THE PREMISE AND THE MUTUAL
COVENANTS HEREINAFTER SET FORTH, AN IN IMPLEMENTATION OF, AND SUBJECT TO
THE PROVISIONS OF THE MUTUAL DEFENSE ASSISTANCE AGREEMENT BETWEEN THE
GOVERNMENT OF CHILE AND THE GOVERNMENT OF THE UNITED STATES OF AMERICA,
DATED 9 APRIL 1952, THE PARTIES HERETO AGREE AS FOLLOWS:
1. SUBJECT TO THE TERMS AND CONDITIONS HEREOF, THE LENDER AGREES TO
MAKE LOANS TO THE BORROWER FROM TIME TO TIME IN AN AGGREGATE PRINCIPAL
AMOUNT UP TO BUT NOT EXCEEDING $15,000,000.00 (HEREINAFTER CALLED THE
"COMMITMENT").
2. THE AFORESAID COMMITMENT SHALL BE AVAILABLE ONLY TO FINANCE THE
PURCHASE OF DEFENSE ITEMS BY THE BORROWER PURSUANT TO PURCHASE
ARRANGEMENTS AUTHORIZED FOR SUCH FINANCING BY DOD WHICH ARE ENTERED INTO
BY THE BORROWER ON OR BEFORE 30 JUNE, 1976. EACH AUTHORIZATION FOR THE
BORROWER TO ENTER INTO A PURCHASE ARRANGEMENT IN IMPLEMENTATION OF THIS
CREDIT AGREEMENT SHALL BE SEPARATELY COMMUNICATED BY DOD IN WRITING TO
THE BORROWER, WHICH AUTHORIZATION SHALL SPECIFY THE DEFENSE ITEMS AND
THE AMOUNT OF CREDIT AUTHORIZED FOR THE PURCHASE ARRANGEMENT. THE
BORROWER SHALL INCORPORATE INTO EACH SUCH PURCHASE ARRANGEMENT WITH
COMMERCIAL SUPPLIERS THE PROVISIONS OF ANNEX A HERETO AND ATTACH AS AN
EXHIBIT TO THE PURCHASE ARRANGEMENT A TRUE COPY OF THE APPLICABLE
AFORESAID AUTHORIZATION AND OF PARAGRAPH 9 OF THIS CREDIT AGREEMENT.
3. EACH LOAN HEREUNDER BY THE LENDER SHALL BE MADE IN ACCORDANCE
WITH THE FOLLOWING PROCEDURES:
(A) EACH LOAN SHALL BE MADE ON SUCH DATE (HEREINAFTER REFERRED TO AS
A "DISBURSEMENT DATE") AS MAY BE DESIGNATED BY THE BORROWER FROM TIME TO
TIME UPON TEN (10) DAYS WRITTEN NOTICE BY THE BORROWER TO THE LENDER.
(B) EACH NOTICE SHALL SPECIFY THE AMOUNT OF THE LOAN TO BE MADE BY
THE LENDER ON THE DISBURSEMEN DATE, AND SHALL SPECIFY THE SUPPLIER OR
SUPPLIERS (INCLUDING THE MILITARY DEPARTMENTS OR AGENCIES O DOD) TO WHOM
THE DISBURSEMENT IS TO BE REMITTED BY THE LENDER.
(C) EACH NOTICE SHALL BE PREPARED IN QUADRUPLICATE ON U.S. STANDARD
FORM 1034 AND SHALL BE SENT TO THE COMPTROLLER, DEFENSE SECURITY
ASSISTANCE AGENCY, THE PENTAGON, WASHINGTON, D.C. 20301.
(D) IN THE CASE OF DISBURSEMENTS REQUESTED TO BE MADE TO COMMERCIAL
SUPPLIERS, THE INVOICES SHAL BE PREPARED IN ACCORDANCE WITH THE
PROCEDURE SET FORTH IN ANNEX A HERETO.
(E) IN THE CASE OF DISBURSEMENTS REQUESTED TO BE MADE TO THE MILITARY
DEPARTMENTS AND AGENCIES O DOD, THE NOTICES SHALL HAVE ANNEXED THERETO
COPIES OF THE PAYMENT REQUEST RECEIVED BY THE BORROWER FROM SUCH
MILITARY DEPARTMENT OR AGENCY AGAINST WHICH DISBURSEMENT IS REQUESTED.
(F) WITH EACH NOTICE, THE BORROWER SHALL CONCURRENTLY TRANSMIT TO THE
LENDER AT THE ADDRESS SET FORTH IN SUBPARAGRAPH (C) ABOVE OF THIS
PARAGRAPH A PROMISSORY NOTE SUBSTANTIALLY IN THE FORM OF ANNEX B HERETO
(WITH THE BLANKS APPROPRIATELY FILLED IN) RECITING THE OBLIGATION OF THE
BORROWER TO REPAY THE AMOUNT OF SUCH LOAN WITH INTEREST THEREON AS
HEREINAFTER SET FORTH. (THE PROMISSORY NOTE HEREINABOVE REFERRED TO ARE
HEREINAFTER CALLED THE "NOTES" AND INDIVIDUALLY A "NOTE").
4.(A) ALL OCEAN TRANSPORTATION OF THE DEFENSE ARTICLES SHALL BE ON
VESSELS OF UNITED STATES REGISTRY. THE GOVERNMENT OF THE UNITED STATES
WILL GIVE SYMPATHETIC CONSIDERATION ON A CASE-BY-CAS BASIS TO REQUESTS
BY THE BORROWER JUSTIFYING SHIPMENT ON VESSELS OF THE REGISTRY OF THE
BORROWER. CONSIDERATION WILL BE GIVEN TO SECURITY REQUIREMENTS OF THE
BORROWER TO ASSURE SAFE ARRIVAL.
(B) THE BORROWER OR ITS COMMERCIAL SUPPLIERS SHALL BE RESPONSIBLE FOR
OBTAINING SUCH EXPORT LICENSES AS MAY BE NECESSARY FOR DEFENSE ITEMS
FINANCED HEREUNDER.
5. THIS AGREEMENT EVIDENCES THE LEGAL AND BINDING OBLIGATION OF THE
BORROWER TO MAKE REPAYMENTS TO THE LENDER FOR DISBURSEMENTS MADE BY THE
LENDER IN ACCORDANCE WITH THE TERMS HEREOF. THE LENDER MAY SELL OR
ASSIGN, IN WHOLE OR IN PART, ITS RIGHTS TO SAID REPAYMENTS AND MAY, WITH
RESPECT TO SUC SALE OR ASSIGNMENT, GUARANTEE PAYMENT OF THE SAME.
6.(A) THE BORROWER SHALL REPAY THE DISBURSEMENTS MADE BY THE LENDER
IN ACCORDANCE WITH THE PRINCIPAL REPAYMENT SCHEDULE SET FORTH IN ANNEX C
HERETO, AND SHALL PAY INTEREST SEMIANNUALLY ON 31 DECEMBER AND 30 JUNE
COMMENCING 31 DECEMBER 1974, AT THE RATE OF SEVEN AND SEVEN/EIGHTHS
PERCENT (7 7/8%) PER ANNUM, USING A 365 DAY FACTOR, ON THE AMOUNT BY
WHICH FROM TIME TO TIME CUMULATIVE DISBURSEMENTS EXCEED CUMULATIVE
REPAYMENTS OF PRINCIPAL.
(B) IF ON ANY INSTALLMENT REPAYMENT DATE SET FORTH IN THE PRINCIPAL
REPAYMENT SCHEDULE THE BORROWER SHALL NOT HAVE AVAILED ITSELF OF THE
COMMITMENT OF THE LENDER IN AN AGGREGATE AMOUNT (LESS REPAYMENTS
PREVIOUSLY MADE) EQUAL TO THE AGGREGATE INSTALLMENT OF PRINCIPAL WHICH
IS REPAYABLE ON SUCH DATE TO THE LENDER, THE BORROWER SHALL, ON SUCH
INSTALLMENT DATE, REPAY TO THE LENDER THE FULL AMOUNT (LESS REPAYMENTS
PREVIOUSLY MADE) TO WHICH IT HAS AVAILED ITSELF OF THE COMMITMENT OF THE
LENDER TO SUCH DATE, TOGETHER WITH THE INTEREST ACCRUED THEREON. IF AT
ANY TIME THEREAFTER THE BORROWER SHALL AVAIL ITSELF OF THE COMMITMENT OF
THE LENDER IN AN AMOUNT WHICH WOULD HAVE BEEN PAYABLE ON A PRIOR
INSTALLMENT REPAYMENT DATE BUT FOR THE PROVISIONS OF THE IMMEDIATELY
PRECEDING SENTENCE, SUCH AMOUNT, TOGETHER WITH THE INTEREST ACCRUED
THEREON, SHALL BE REPAYABLE ON THE NEXT SUCCEEDING INSTALLMENT DATE OF
THE PRINCIPAL REPAYMENT SCHEDULE OCCURRING AFTER THE DISBURSEMENT OF
SUCH AMOUNT AND THE SAID AGGREGATE INSTALLMENT OF PRINCIPAL REPAYABLE
UNDER THE PRINCIPAL REPAYMENT SCHEDULE TO THE LENDER ON THAT DATE SHALL
BE INCREASED BY SUCH AMOUNT.
(C) IF BY THE DATE SPECIFIED IN PARAGRAPH 2 ABOVE, THE BORROWER SHALL
NOT HAVE ENTERED INTO AUTHORIZED PURCHASE ARRANGEMENTS IN AN AGGREGATE
AMOUNT EQUAL TO THE ENTIRE AMOUNT OF THE COMMITMENT, THE INSTALLMENTS OF
PRINCIPAL REPAYABLE TO THE LENDER SET FORTH IN THE PRINCIPAL REPAYMENT
SCHEDULE SHALL BE REDUCED IN THE INVERSE ORDER OF THE MATURITY THEREOF
TO THE EXTENT OF THE UNUSED BALANCE OF THE COMMITMENT.
(D) WHENEVER ANY REPAYMENT TO BE MADE BY THE BORROWER SHALL BE DUE ON
A SATURDAY, SUNDAY, OR PUBLIC HOLIDAY UNDER THE LAWS OF THE LENDER, SUCH
REPAYMENT MAY BE MADE ON THE NEXT SUCCEEDING BUSINESS DAY, AND SUCH
EXTENSION OF TIME SHALL IN SUCH CASE BE INCLUDED IN COMPUTING INTEREST
IN CONNECTION WITH SUCH REPAYMENT BUT EXCLUDED FROM THE NEXT INTEREST
PERIOD.
(E) THE BORROWER MAY PREPAY THE CREDIT EXTENDED UNDER THIS AGREEMENT
IN PART OR IN FULL ON ANY INTEREST PAYMENT DATE WITHOUT PENALTY OR
PREMIUM, BUT SUCH PREPAYMENT MUST BE ACCOMPANIED BY PAYMEN OF INTEREST
ON THE AMOUNT PREPAID TO THE DATE OF PREPAYMENT AND MUST BE APPLIED TO
THE SATISFACTION OF INSTALLMENTS OF PRINCIPAL REPAYMENTS IN THE INVERSE
ORDER OF THEIR MATURITIES.
(F) ALL REPAYMENTS BY THE BORROWER ON ACCOUNT OF PRINCIPAL OR
INTEREST SHALL BE IN LAWFUL MONEY OF THE UNITED STATES OF AMERICA AND IN
IMMEDIATELY AVAILABLE FUNDS, FREE AND CLEAR OF, AND WITHOUT DEDUCTION
FOR, ANY AND ALL TAXES, LEVIES, IMPOSTS, DEDUCTIONS AND WITHHOLDINGS
WHATSOEVER IMPOSED, LEVIED, COLLECTED OR ASSESSED WITH RESPECT THERETO
BY ANY CENTRAL OR LOCAL AUTHORITY OF __________
7.(A) THE NOTES SHALL BE FURTHER EVIDENCE OF THE OBLIGATION OF THE
BORROWER TO REPAY THE LOANS MADE HEREUNDER. EACH NOTE SHALL BE DATED
THE PARTICULAR DISBURSEMENT DATE OF THE LOAN WHICH SUCH NOTE EVIDENCES,
SHALL BE PAYABLE TO THE ORDER OF THE GOVERNMENT OF THE UNITED STATES IN
THE PRINCIPAL AMOUNT OF SUCH DISBURSEMENT, AND SHALL BEAR INTEREST ON
THE UNPAID PRINCIPAL AMOUNT THEREOF AS PROVIDED IN PARAGRAPH 6(A).
(B) THE NOTES SHALL BE COMPLETED BY THE BORROWER IN SUCH A MANNER
THAT REPAYMENT OF SUCH LOANS SHALL BE MADE IN THE ORDER OF THEIR
DISBURSEMENT, UTILIZING THE PRINCIPAL REPAYMENT SCHEDULE SET FORTH IN
ANNEX C (AS THE SAME MAY BE ADJUSTED IN ACCORDANCE WITH PARAGRAPHS 6(B)
AND (C) HEREOF), AND, IN DETERMINING WHETHER A PARTICULAR LOAN IS
REPAYABLE IN ONE OR MORE INSTALLMENTS, UTILIZING A PARTICULAR
INSTALLMENT PAYMENT DATE ONLY AFTER THE FULL UTILIZATION OF THE NEXT
PRECEDING INSTALLMENT DATE.
(C) EACH NOTE SHALL BE SIGNED ON BEHALF OF THE BORROWER BY THE
AMBASSADOR OF CHILE IN WASHINGTON D.C.
8.(A) THE BORROWER REPRESENTS AND WARRANTS THAT THE MAKING AND
PERFORMANCE OF THIS AGREEMENT HAV BEEN DULY AUTHORIZED IN ACCORDANCE
WITH THE LAWS OF CHILE AND SHALL FURNISH TO THE LENDER UPON REQUEST
EVIDENCE, SATISFACTORY TO THE LENDER, OF THE AUTHORITY OF THE PERSON OR
PERSONS WHO HAVE SIGNED THIS AGREEMENT ON BEHALF OF THE BORROWER AND OF
THE PERSON OR PERSONS WHO WILL SIGN THE NOTE PROVIDED FOR HEREIN ON
BEHALF OF THE BORROWER, TOGETHER WITH THE AUTHENTICATED SPECIMEN
SIGNATURE, IN DUPLICATE, OF EACH OF THE LATTER.
(B) THIS AGREEMENT SHALL INURE TO THE BENEFIT OF THE HOLDERS OF THE
NOTES, THEIR RESPECTIVE SUCCESSORS AND ASSIGNS. THIS AGREEMENT AND THE
NOTES SHALL BE DEEMED TO BE CONTRACTS UNDER THE LAW OF THE DISTRICT OF
COLUMBIA AND FOR ALL PURPOSES SHALL BE CONSTRUED IN ACCORDANCE WITH SAID
LAW. THE BORROWER AGREES THAT JURISDICTION MAY BE TAKEN BY COURTS IN
THE DISTRICT OF COLUMBIA WITH RESPECT TO MATTERS INVOLVING ANY NOTE,
PROVIDED SUCH NOTE IS HELD BY AN INDIVIDUAL, PARTNERSHIP, CORPORATION,
OR OTHER PRIVATE LEGAL ENTITY.
(C) THE BORROWER SHALL IN ALL CASES PAY WHEN AND AS DUE THE PRINCIPAL
OF AND INTEREST ON ALL NOTES ISSUED HEREUNDER, NOTWITHSTANDING ANY
CLAIMS WHICH THE BORROWER MAY NOW OR HEREAFTER HAVE AGAINST ANY SUPPLIER
OF THE DEFENSE ITEMS, DOD, THE LENDER, OR ANY OTHER PERSON OR ENTITY IN
CONNECTION WITH ANY OTHER TRANSACTION, FOR ANY REASON WHATSOEVER.
9. UPON THE OCCURRENCE OF ANY OF THE FOLLOWING EVENTS OF DEFAULT:
(A) IF THE BORROWER FAILS FOR A PERIOD OF TEN (10) DAYS TO MAKE ANY
PAYMENT OF PRINCIPAL OF, OR INTEREST ON, ANY NOTE WHEN DUE;
(B) IF ANY REPRESENTATION OR WARRANTY MADE BY THE BORROWER HEREIN OR
ANY CERTIFICATE FURNISHED B THE BORROWER PURSUANT HERETO PROVES TO BE AT
ANY TIME INCORRECT IN ANY MATERIAL RESPECT; OR
(C) IF THE BORROWER DEFAULTS IN THE PERFORMANCE OF ANY OTHER TERM,
COVENANT OR UNDERTAKING CONTAINED IN THIS CREDIT AGREEMENT, AND SUCH
DEFAULT SHALL CONTINUE UNREMEDIED FOR 30 DAYS AFTER WRITTEN NOTIFICATION
THEREOF SHALL HAVE BEEN GIVEN TO THE BORROWER BY THE LENDER;
THEN, AND IN ANY SUCH EVENT, THE HOLDER OF ANY NOTE MAY DECLARE
IMMEDIATELY DUE AND PAYABLE THE UNPAID PRINCIPAL OF, AND ACCRUED
INTEREST ON, ANY OR ALL NOTES HELD BY SUCH HOLDER AND SUCH AMOUNTS SHALL
BECOME IMMEDIATELY DUE AND PAYABLE WITHOUT PROTEST, PRESENTMENT, NOTICE
OR OTHER DEMAND OF AN KIND, ALL OF WHICH ARE HEREBY EXPRESSLY WAIVED BY
THE BORROWER, AND THE LENDER MAY TERMINATE ITS COMMITMENT HEREUNDER.
10. ALL COMMUNICATIONS AND OTHER DOCUMENTS REQUIRED OR PERMITTED
HEREUNDER, UNLESS SUBMITTED IN THE ENGLISH LANGUAGE, SHALL BE
ACCOMPANIED BY ONE ENGLISH TRANSLATION FOR EACH COPY OF SUCH DOCUMENTS
TO BE FURNISHED AND, IN THE EVENT OF CONFLICT, THE ENGLISH VERSION SHALL
GOVERN. EXCEPT AS OTHERWISE PROVIDED HEREIN, ALL NOTICES, REQUESTS OR
DEMANDS HEREUNDER SHALL BE DEEMED TO HAVE BEEN GIVEN OR MADE UPON THE
MAILING OF THE SAME, POSTAGE PREPAID, OR IN THE CASE OF TELEGRAPHIC
NOTICE, ON DELIVERY TO THE TELEGRAPHIC COMPANY, ADDRESSED IN THE CASE OF
THE BORROWER, TO _________ AND IN THE CASE OF THE LENDER TO THE
DIRECTOR, DEFENSE SECURITY ASSISTANCE AGENCY, THE PENTAGON, WASHINGTON,
D.C. 20301.
11. THIS AGREEMENT MAY BE EXECUTED IN ANY NUMBER OF COUNTERPARTS AND
BY THE PARTIES HERETO ON SEPARATE COUNTERPARTS, EACH OF WHICH SHALL BE
DEEMED AN ORIGINAL BUT ALL SUCH COUNTERPARTS TO CONSTITUTE ONE AND THE
SAME INSTRUMENT.
12. ANNEXES A THROUGH C ATTACHED HERETO ARE, BY THIS REFERENCE, MADE
A PART OF THIS AGREEMENT.
IN WITNESS WHEREOF, THE PARTIES HERETO HAVE DULY EXECUTED THIS
AGREEMENT 28TH DAY OF JUNE 1974.
GOVERNMENT OF CHILE
SIGNED
WALTER HEITMANN,
AMBASSADOR
GOVERNMENT OF THE UNITED STATES OF AMERICA
SIGNED RAY PEET
VICE ADMIRAL, USN
DIRECTOR
DEFENSE SECURITY ASSISTANCE AGENCY
ANNEX A AND ANNEX A2
PAYMENT PROCEDURES
THE FOLLOWING PROCEDURES AND CONDITIONS SHALL BE ADHERED TO PRIOR TO
EACH DISBURSEMENT TO BE MADE BY THE GOVERNMENT OF THE UNITED STATES FOR
THE ACCOUNT OF THE GOVERNMENT OF __________.
1. THE SUPPLIER SHALL PREPARE AND SUBMIT TO THE DESIGNATED
REPRESENTATIVES OF THE GOVERNMENT OF __________ IN WASHINGTON, D.C.
INVOICES ON U.S. STANDARD FORM 1034 IN SUFFICIENT NUMBER OF COPIES T
PERMIT THE FORWARDING OF FOUR COPIES TO THE DISBURSING OFFICER
DESIGNATED IN PARAGRAPH 5 BELOW.
2. THE SUPPLIER SHALL INSURE THAT EACH INVOICE IS IN ACCORDANCE WITH
RELEVANT PROVISIONS OF ITS PRUCHASE ARRANGEMENT WITH THE GOVERNMENT OF
__________.
3. THE SUPPLIER SHALL ATTACH TO EACH INVOICE A STATEMENT THAT
AUTHORIZED REPRESENTATIVES OF THE GOVERNMENT OF THE UNITED STATES SHALL,
UNTIL THE EXPIRATION OF THREE YEARS AFTER FINAL PAYMENT HEREUNDER, HAVE
ACCESS TO AND THE RIGHT TO EXAMINE ANY DIRECTLY RELATED PERTINENT BOOKS,
DOCUMENTS, PAPERS AND RECORDS OF THE SUPPLIER INVOLVING TRANSACTIONS
RELATING TO THE AFORESAID PURCHASE ARRANGEMENT.
4. TO THE EXTENT THAT ANY INVOICE REQUESTS PAYMENT OF ADVANCES, AS
DISTINGUISHED FROM PAYMENT FO DELIVERY OF DEFENSE ITEMS OR REIMBURSEMENT
IN THE FORM OF PROGRESS PAYMENTS FOR WORK OR SERVICES PERFORMED, THE
SUPPLIER SHALL ATTACH TO THE INVOICE A STATEMENT SETTING FORTH THE
UNDERTAKING OF TH SUPPLIER THAT THE FULL AMOUNT OF THE ADVANCE WILL BE
MAINTAINED BY THE SUPPLIER IN A SEGREGATED ACCOUNT WHICH WILL BE APPLIED
SOLELY TO THE PERFORMANCE OF THE SUPPLIER'S OBLIGATIONS UNDER THE
PURCHASE ARRANGEMENT.
5. THE DESIGNATED REPRESENTATIVE OF THE GOVERNMENT OF __________ IN
WASHINGTON, D.C. SHALL FORWARD SUCH INVOICES TO THE COMPTROLLER, DEFENSE
SECURITY ASSISTANCE AGENCY, THE PENTAGON, WASHINGTON, D.C. 20301.
6. EACH INVOICE SHALL BE ACCOMPANIED BY A CERTIFICATION OF THE
GOVERNMENT OF __________ AS FOLLOWS:
"THE GOVERNMENT OF __________ CONFIRMS (THAT THE DEFENSE ITEMS SET
FORTH HEREIN HAVE BEEN SATISFACTORILY RECEIVED BY OR FOR THE GOVERNMENT
OF __________) (THAT THE WORK OR SERVICES FOR WHIC PROGRESS PAYMENTS ARE
REQUESTED HAVE BEEN SATISFACTORILY RENDERED) (THAT PAYMENT IS OTHERWISE
DUE) UNDER ITS PURCHASE ARRANGEMENT OF __________ FOR THE PURCHASE OF
DEFENSE ITEMS FROM SUPPLIER, AND CERTIFIES THAT THE BILL IS CORRECT AND
JUST AND THAT PAYMENT THEREFOR HAS NOT BEEN MADE. PAYMENT O THIS
INVOICE IS REQUESTED BY THE MINISTRY OF DEFENSE OF THE GOVERNMENT OF
__________ PURSUANT TO TH TERMS OF THE CREDIT AGREEMENT OF __________
BETWEEN THE __________ OF THE GOVERNMENT OF __________ AND THE
GOVERNMENT OF THE UNITED STATES OF AMERICA. THE GOVERNMENT OF
__________ CONFIRMS THAT SAI PURCHASE ARRANGEMENT IS ONE OF THE PURCHASE
ARRANGEMENTS AUTHORIZED BY THE DEPARTMENT OF DEFENSE OF THE UNITED
STATES OF AMERICA PURSUANT TO THE AFORESAID CREDIT AGREEMENT OF
__________ AND FURTHER CONFIRMS THAT THE CUMULATIVE TOTAL OF THIS
INVOICE AND INVOICES PREVIOUSLY PAID BY THE GOVERNMENT O THE UNITED
STATES AGAINST SAID PURCHASE ARRANGEMENT DOES NOT EXCEED THE AGGREGATE
CREDIT CEILING ESTABLISHED BY THE GOVERNMENT OF THE UNITED STATES FOR
THE SAID PURCHASE ARRANGEMENT.
GOVERNMENT OF __________
BY (NAME TYPED)
(TITLE)
ANNEX B AND ANNEX B2
PROMISSORY NOTE
U.S. $ __________, WASHINGTON, D.C.
FOR VALUE RECEIVED, THE UNDERSIGNED, THE GOVERNMENT OF __________
(HEREIN CALLED "__________"), HEREBY PROMISES TO PAY TO THE ORDER OF THE
GOVERNMENT OF THE UNITED STATES OF AMERICA (HEREIN CALLE "UNITED
STATES") THE PRINCIPAL SUM OF __________ UNITED STATES DOLLARS (U.S.
$__________) AS FOLLOWS:
TOGETHER WITH INTEREST ON ANY AND ALL AMOUNTS REMAINING UNPAID
HEREUNDER FROM TIME TO TIME FROM THE DATE HEREOF UNTIL THIS NOTE SHALL
BE PAID IN FULL, PAYABLE SEMIANNUALLY ON __________ AND __________ OF
EACH YEAR FROM DATE HEREOF AT THE RATE OF _____ PER CENT PER ANNUM
(_____%) USING A 365 DAY FACTOR, BOTH PRINCIPAL AND INTEREST TO BE
PAYABLE IN LAWFUL MONEY OF THE UNITED STATES OF AMERICA AT THE U.S. ARMY
FINANCE COMPTROLLER INFORMATION SYSTEMS COMMAND, ATTN: MILITARY
ASSISTANCE/SALES ACCOUNTING DIVISION, 1000 INDEPENDENCE AVENUE, S.W.,
WASHINGTON, D.C. 20314. ALL PAYMENTS MADE ON ACCOUNT OF THE PRINCIPAL
AMOUNT REMAINING UNPAID HEREUNDER SHALL BE ENDORSED BY TH HOLDER ON THE
REVERSE SIDE OF THIS NOTE.
WHENEVER ANY PAYMENT TO BE MADE SHALL BE DUE ON A SATURDAY, SUNDAY,
OR A PUBLIC HOLIDAY UNDER THE LAWS OF THE GOVERNMENT OF THE UNITED
STATES, SUCH PAYMENT MAY BE MADE ON THE NEXT SUCCEEDING BUSINESS DAY,
AND SUCH EXTENSION OF TIME SHALL IN SUCH CASE BE INCLUDED IN COMPUTING
INTEREST IN CONNECTION WITH SUCH PAYMENT BUT EXCLUDED FROM THE NEXT
INTEREST PERIOD.
THIS NOTE MAY BE PREPAID ON ANY INTEREST PAYMENT DATE. PREPAYMENTS
SHALL BE APPLIED TO THE INSTALLMENTS HEREOF IN THE REVERSE ORDER OF
THEIR MATURITY. ALL PAYMENTS OF PRINCIPAL AND INTEREST ON THIS NOTE ARE
PAYABLE IN LAWFUL MONEY OF THE UNITED STATES OF AMERICA AND IN
IMMEDIATELY AVAILABLE FUNDS, FREE AND CLEAR OF, AND WITHOUT DEDUCTION
FOR, ANY TAXES, LEVIES, IMPOSTS, DEDUCTIONS, AND WITHHOLDINGS WHATSOEVER
NOW OR HEREAFTER IMPOSED, LEVIED, COLLECTED OR ASSESSED WIT RESPECT
THERETO BY ANY CENTRAL OR LOCAL AUTHORITY OF __________ AND SHALL BE
PAID FREE FROM ALL RESTRICTIONS OF ANY CENTRAL OR LOCAL AUTHORITY OF
__________.
THE GOVERNMENT OF __________ AGREES TO PAY ALL OUT-OF-POCKET COSTS
AND EXPENSES IN CONNECTION WIT COLLECTION AFTER DEFAULT OF THIS NOTE
(INCLUDING THE REASONABLE FEES AND OUT-OF-POCKET EXPENSES OF COUNSEL) AS
WELL AS ALL STAMP AND SIMILAR TAXES, IF ANY, NOW OR HEREAFTER IN EFFECT,
AND TO SAVE TH HOLDER OF THE NOTE HARMLESS FROM ANY AND ALL LIABILITIES
WITH RESPECT TO OR RESULTING FROM ANY DELA OR OMISSION TO PAY SUCH
TAXES.
GOVERNMENT OF __________
BY (NAME TYPED)
(TITLE)
ANNEX C
PRINCIPAL REPAYMENT SCHEDULE
THE FIRST $937,500.00 OF DISBURSEMENTS ARE REPAYABLE ON 30 JUNE 1975
THE NEXT $937,500.00 OF DISBURSEMENTS ARE REPAYABLE ON 31 DEC 1975
THE NEXT $937,500.00 OF DISBURSEMENTS ARE REPAYABLE ON 30 JUNE 1976
THE NEXT $937,500.00 OF DISBURSEMENTS ARE REPAYABLE ON 31 DEC 1976
THE NEXT $937,500.00 OF DISBURSEMENTS ARE REPAYABLE ON 30 JUNE 1977
THE NEXT $937,500.00 OF DISBURSEMENTS ARE REPAYABLE ON 31 DEC 1977
THE NEXT $937,500.00 OF DISBURSEMENTS ARE REPAYABLE ON 30 JUNE 1978
THE NEXT $937,500.00 OF DISBURSEMENTS ARE REPAYABLE ON 31 DEC 1978
THE NEXT $937,500.00 OF DISBURSEMENTS ARE REPAYABLE ON 30 JUNE 1979
THE NEXT $937,500.00 OF DISBURSEMENTS ARE REPAYABLE ON 31 DEC 1979
THE NEXT $937,500.00 OF DISBURSEMENTS ARE REPAYABLE ON 30 JUNE 1980
THE NEXT $937,500.00 OF DISBURSEMENTS ARE REPAYABLE ON 31 DEC 1980
THE NEXT $937,500.00 OF DISBURSEMENTS ARE REPAYABLE ON 30 JUNE 1981
THE NEXT $937,500.00 OF DISBURSEMENTS ARE REPAYABLE ON 31 DEC 1981
THE NEXT $937,500.00 OF DISBURSEMENTS ARE REPAYABLE ON 30 JUNE 1982
THE LAST $937,500.00 OF DISBURSEMENTS ARE REPAYABLE ON 31 DEC 1982
PURCHASE ARRANGEMENT AUTHORIZATION
DEAR __________
IN IMPLEMENTATION OF PARAGRAPH 2 OF THE CREDIT AGREEMENT BETWEEN THE
MINISTRY OF DEFENSE OF THE GOVERNMENT OF __________ AND THE DEPARTMENT
OF DEFENSE OF THE GOVERNMENT OF THE UNITED STATES, ENTERED INTO ON
__________, AND IN RESPONSE TO YOUR REQUEST OF __________, THE
GOVERNMENT OF __________ IS HEREBY AUTHORIZED TO ENTER INTO A PURCHASE
ARRANGEMENT WITH THE BELOW DESIGNATED SUPPLIER(S) FOR THE PURCHASE OF
THE FOLLOWING DEFENSE ARTICLES AND DEFENSE SERVICES AND THE AMOUNT OF
CREDIT AUTHORIZED FOR SUCH PURCHASE ARRANGEMENT:
ITEMS SUPPLIER AMOUNT
VERY TRULY YOURS,
DEFENSE SECURITY ASSISTANCE AGENCY
CANADA 20 DEC 1973 FLITE DOCUMENT NO. 7502408
MEMORANDUM OF AGREEMENT
AN AGREEMENT BETWEEN CANADIAN PACIFIC AND THE UNITED STATES OF
AMERICA FOR THE USE OF A CERTAIN PORTION OF LAND COMPRISING THE U.S.
NAVAL STATION ARGENTINA, NEWFOUNDLAND, FOR THE PURPOSE OF LOADING AND
OFF-LOADING VESSELS
MEMORANDUM OF AGREEMENT BY AND BETWEEN CANADIAN PACIFIC LIMITED, A
COMPANY INCORPORATED AND EXISTING IN ACCORDANCE WITH THE LAWS OF CANADA
(HEREINAFTER REFERRED TO AS "C.P. RAIL"), AND THE UNITED STATES OF
AMERICA (HEREINAFTER REFERRED TO AS "U.S.").
I
IN CONSIDERATION OF THE UNDERTAKINGS AND AGREEMENTS HEREINAFTER SET
FORTH AND OF THE PAYMENT BY C.P. RAIL OF ONE DOLLAR ($1.00) PER YEAR TO
THE TREASURER OF THE U.S., THE U.S. HEREBY GRANTS TO C.P. RAIL AND ITS
AGENTS A LICENSE TO USE A CERTAIN PORTION (HEREINAFTER REFERRED TO AS
THE ("LICENSED PREMISES") OF THE LAND COMPRISING THE U.S. NAVAL STATION,
ARGENTIA, NEWFOUNDLAND, TO WIT
BEGINNING AT A POINT COORDINATES BEING N12040 E4670 THENCE ALONG
BERRY BROTHERS FENCE FOR A DISTANCE OF 180', MORE OR LESS, TO
COORDINATES N12100 E4485. THENCE SOUTH ALONG CANADIAN SECURITY FENCE
FOR A DISTANCE OF 230', MORE OR LESS TO COORDINATES N11867 E4445.
THENCE IN A SOUTHERLY DIRECTION 10' FROM U.S. NAVY POLE LINE FOR A
DISTANCE OF 390', MORE OR LESS, TO COORDINATES N11503 E4582. THENCE
SOUTH EAST ALONG MARQUISE AVENUE, A PAVED ROAD ON U.S. PROPERTY, AT A
DISTANCE OF 33 FROM THE CENTER LINE FOR A DISTANCE OF 1040', MORE OR
LESS, TO COORDINATES N11427 E5570. THENCE IN A NORTHERLY DIRECTION FOR
A DISTANCE OF 400', MORE OR LESS, TO COORDINATES N11780 E5355. THENCE
ALONG THE SHORE LINE OF ARGENTIA HARBOR IN A WESTERLY DIRECTION FOR A
DISTANCE OF 900', MORE OR LESS, TO COORDINATES N11935 E4665. THENCE
NORTH EAST ALONG WHARF FOR A DISTANCE OF 60', MORE OR LESS, TO
COORDINATES N11978 E4722. THENCE NORTH WEST ALONG WHARF FOR A DISTANCE
OF 75', MORE OR LESS, TO COORDINATES N12030 E4665. THENCE NORTH EAST
ALONG WHARF FOR A DISTANCE 10' MORE OR LESS, TO POINT OF BEGINNING, AS
SHOWN ON PUBLIC WORKS DRAWING NO. 14443 DATED 7 DECEMBER 1973; SUCH USE
T BE FOR THE PURPOSE OF LOADING AND OFF-LOADING VESSELS, STORAGE OF
AUTOMOBILES, COMMERCIAL VEHICLES AND MOBILE HOMES. IT IS EXPRESSLY
AGREED THAT SUCH LICENSE SHALL INCLUDE ONLY THAT LAND BOUNDED AS
AFORESAID, THEREBY SPECIFICALLY EXCLUDING ANY AND ALL LICENSES,
CASEMENTS OR RIGHTS OF WAY WHATSOEVER WITH RESPECT TO OTHER LANDS
OCCUPIED BY THE SAID U.S. NAVAL STATION, WHETHER SUCH LICENSES,
CASEMENTS OR RIGHTS OF WAY WOULD NORMALLY ARISE BY GRANT, IMPLICATION OR
OTHERWISE. THE GRANTING OF THIS LICENSE IN NO WAY DEROGATES FROM THE
RIGHTS AND RESPONSIBILITIES UNDER THE 1941 LEASED BASES AGREEMENT NOR
DOES IT NECESSARILY PRECLUDE THE GRANTING OF A SUB-LICENSE OR LICENSES B
C.P. RAIL FOR COMMERCIAL USE OF THE FACILITIES LICENSED TO IT SUBJECT TO
THE APPROVAL OF THE U.S. OR, ANOTHER LICENSE OR LICENSES BY THE U.S. TO
ANOTHER PERSON OR PERSONS OR COMPANY OR COMPANIES FO COMMERCIAL USE OF
ANY OTHER PORTION OF THE LAND COMPRISING THE U.S. NAVAL STATION,
ARGENTIA, NEWFOUNDLAND PROVIDED THAT WHERE THE U.S. GRANTS ANOTHER
LICENSE, SUCH GRANTING IS NOT PREJUDICIAL TO THE INTERESTS OF C.P. RAIL
AS STATED BY THAT COMPANY; NEVERTHELESS, SUCH, CONSENT BY C.P. RAIL
SHALL NOT BE UNREASONABLY WITHHELD.
II
THE U.S. HEREBY AGREES THAT, SUBJECT TO AVAILABILITY, THE
REQUIREMENTS OF THE SAID U.S. NAVAL STATION, WHICH SHALL AT ALL EVENTS
TAKE PRECEDENCE OVER ANY OTHER USE, AND ANY OTHER PRIOR COMMITMENTS, THE
U.S. WILL PROVIDE ON A REIMBURSABLE BASIS, WATER IN SUCH AMOUNTS AS ARE
ACTUALLY REQUIRED BY C.P. RAIL FOR HUMAN PURPOSES ONLY WITHIN THE
LICENSED PREMISES. THE POINT OF DELIVERY OF SUCH WATER SHALL BE AT THE
MAIN SHUT-OFF VALVE OF THE BRANCH LINE SERVING THE PIER WITHIN THE AREA
DESCRIBED ABOVE AT WHICH POINT C.P. RAIL AGREES TO INSTALL A WATER METER
SO AS TO METER ALL WATER CONSUMED BY C.P. RAIL. IT IS EXPRESSLY AGREED
THAT THE U.S. DOES NOT UNDERTAKE TO PROVIDE WATER DISTRIBUTION OR
DELIVERY FACILITIES BEYOND THE MAIN SHUT-OFF VALVE AS AFORESAID. C.P.
RAIL HEREBY AGREES TO PAY TO THE TREASURER OF THE U.S. FROM TIME TO TIME
UPON DEMAND BY THE U.S. AN AMOUNT SUFFICIENT TO REIMBURSE THE U.S. IN
FULL FOR THE EXPENSE OF PROVIDING SUCH WATER AS AFORESAID.
III
C.P. RAIL UNDERTAKES AND AGREES AS FOLLOWS:
A. TO PERMIT, FACILITATE AND ENSURE THE ERECTION AND MAINTENANCE OF
FENCING TO BE APPROVED BY TH U.S. TOGETHER WITH GATES LOCATED SO AS TO
PERMIT DIRECT ACCESS FROM THE SAID U.S. NAVAL STATION; AN TO TAKE SUCH
MEASURES AS MAY BE NECESSARY TO PREVENT UNAUTHORIZED ENTRY OF PERSONS OR
PROPERTY ONTO THE SAID U.S. NAVAL STATION FROM THE LICENSED PREMISES.
B. TO ABIDE BY ALL LAWS OF THE GOVERNMENT OF CANADA AND NEWFOUNDLAND,
INCLUDING BUT NOT LIMITED TO THOSE LAWS RELATING TO CUSTOMS, IMMIGRATION
AND LABOR PRACTICES, AND SUCH LAWS OF THE U.S. AS MA BE APPLICABLE TO OR
WITHIN THE LICENSED AREA; AND TO TAKE SUCH MEASURES AS MAY BE NECESSARY
TO INSURE THAT ALL SUCH LAWS ARE OBEYED BY ALL PERSONS UPON THE LICENSED
PREMISES.
C. TO PERMIT ACCESS BY AUTHORIZED AGENTS, SERVANTS AND EMPLOYEES OF
THE GOVERNMENT OF CANADA OR OF NEWFOUNDLAND, OR OF THE SAID U.S. NAVAL
STATION, TO ANY PORTIONS OF THE LICENSED PREMISES FOR SUCH PURPOSES AS
MAY BE RELATED TO THE IMPLEMENTATION OF THE LAWS OF THE AFOREMENTIONED
GOVERNMENTS AND FOR SUCH PURPOSES AS MAY BE RELATED TO THE INSPECTION,
PRESERVATION AND CONTINUING LEASE-HOLD B THE U.S. OF THE LICENSED
PREMISES AND THE ASCERTAINMENT OR VERIFICATION OF ANY FACTS RESPECTING
THE PROPER ADMINISTRATION OF THIS AGREEMENT; IT BEING EXPRESSLY AGREED
THAT THE U.S. IS UNDER NO, REPEA NO OBLIGATION TO PERFORM ANY ACTS OR
INCUR ANY EXPENSES FOR THE MAINTENANCE, IMPROVEMENT OR PRESERVATION OF
THE LICENSED PREMISES BEFORE OR DURING THE TERM OF THIS LICENSE.
D. TO ACCEPT THE LICENSED PREMISES AS IS; TO WAIVE ANY CAUSE OF
ACTION THAT MIGHT OTHERWISE ARIS AGAINST THE U.S., ITS AGENTS, SERVANTS
OR EMPLOYEES BY REASON OF ANY PATENT OR LATENT CONDITION OF THE LICENSED
PREMISES, ANY PART THEREOF OR EQUIPMENT OR OBJECT THEREON; AND TO
INDEMNIFY AND SAVE HARMLESS THE U.S., ITS AGENTS, SERVANTS OR EMPLOYEES
WITH RESPECT TO ANY CAUSE OF ACTION THAT MAY ARISE AGAINST THE U.S., ITS
AGENTS, SERVANTS OR EMPLOYEES BY REASON OF ANY ACT OR OMISSION BY AN
AGENT, SERVANT OR EMPLOYEE OF C.P. RAIL OR ANY OTHER PERSON UPON THE
LICENSED PREMISES (OTHER THAN THE EXCLUSIVE AGENTS, SERVANTS OR
EMPLOYEES OF THE U.S. OR THE GOVERNMENT OF CANADA OR OF NEWFOUNDLAND) OR
BY REASON OF ANY PATENT OR LATENT CONDITION OF THE LICENSED PREMISES ANY
PART THEREOF OR EQUIPMENT OR OBJECT THEREON.
E. TO KEEP THE LICENSED PREMISES, CONTAINING ONE NAVIGATIONAL AID,
STRUCTURE 740M, INSURED FOR THE BENEFIT OF THE U.S. AT ONE HUNDRED
PERCENT OF THE VALUE THEREOF ON THE DATE OF THE GRANTING OF THIS
LICENSE, WHICH IS HEREBY AGREED TO BE TEN THOUSAND DOLLARS ($10,000).
F. TO REIMBURSE THE U.S. FOR THE COSTS OF TELEPHONE SERVICE IF
PROVIDED AND SUCH IMCREMENTAL COSTS OF HARBOR CONTROL FOR THE PORT OF
ARGENTIA AS MAY BE OCCASIONED EXCLUSIVELY BY MARINE TRAFFIC TO AND FROM
THE LICENSED PREMISES.
G. TO OBTAIN FROM THE U.S. PRIOR APPROVAL FOR THE ALTERATION OR
EXPANSION OF EXISTING FACILITIES WITHIN THE LICENSED PREMISES AND FOR
THE ERECTION OF NEW FACILITIES WITHIN THE LICENSED PREMISES, WHICH
APPROVAL BY THE U.S. SHALL NOT BE UNREASONABLY WITHHELD.
IV
THE LICENSE GRANTED HEREIN SHALL REMAIN IN FORCE FOR A PERIOD OF ONE
YEAR AND SHALL BE RENEWABLE ANNUALLY WITHOUT NOTICE BUT TERMINABLE BY
EITHER PARTY ON GIVING TO THE OTHER AT LEAST THIRTY DAYS PRIOR WRITTEN
NOTICE THEREOF; HOWEVER, IN THE EVENT OF A BREACH BY C.P. RAIL OF ANY
OF ITS UNDERTAKINGS OR AGREEMENTS; OR IN THE EVENT OF NON-USER OF THE
LICENSED PREMISES FOR THE PURPOSES SPECIFIED IN THIS AGREEMENT (NOT
INCLUDING STRIKES OR LOCKOUTS); OR IN THE EVENT THAT THE LICENSED AREA
IS TURNED OVER TO A CANADIAN FEDERAL AND/OR PROVINCIAL AUTHORITY; OR IN
THE EVENT OF A WITHDRAWAL OF THE CONSENT BY THE GOVERNMENT HAVING
JURISDICTION FOR THE USE OF THE LICENSED PREMISE FOR THE PURPOSES
SPECIFIED IN THIS AGREEMENT; OR IN THE EVENT OF WAR, NATIONAL EMERGENCY
OR MILITAR NECESSITY; THE U.S. SHALL HAVE THE UNCONDITIONAL OPTION TO
TERMINATE THIS LICENSE UPON THIRTY DAYS WRITTEN NOTICE. IT IS FURTHER
UNDERSTOOD THAT THE LICENSE GRANTED HEREIN SHALL AUTHOMATICALLY EXPIRE
IN THE EVENT THE U.S. ABANDONS THE U.S. NAVAL STATION, ARGENTIA,
NEWFOUNDLAND, PURSUANT TO ARTICLE XXI OF THE 1941 LEASED BASES AGREEMENT
DATED MARCH 27, 1941 AS AMENDED. UPON EXPIRATION OR OTHER TERMINATION
OF THIS LICENSE, EXCEPT WHERE THE LICENSED AREA IS TURNED OVER TO A
CANADIAN FEDERAL AND/OR PROVINCIAL AUTHORITY AS AFORESAID, THE U.S.
SHALL HAVE THE RIGHT TO REASSUME FULL AN EXCLUSIVE OCCUPANCY OF THE
LICENSED PREMISES AND SHALL ACCEDE TO ABSOLUTE OWNERSHIP OF ALL PERMANEN
IMPROVEMENTS ARISING DURING THE PENDENCY OF THIS LICENSE AND WITHOUT
INCURRING ANY COST OR LIABILIT TO C.P. RAIL OR ANY OTHER PERSON
THEREFORE.
V
U.S. AGREES THAT C.P. RAIL, AT ITS EXPENSE, MAY (A) REMOVE THE
EXISTING CONCRETE LIP ON THE NOTCH DOCK ADJACENT TO THE BERRY BROTHERS
PROPERTY AND TO MAKE REPAIRS TO THE SAID DOCK TO FACILITATE LOADING AND
UNLOADING OPERATIONS FROM THE VESSELS OF C.P. RAIL OR ITS AGENTS AT SAID
DOCK AND (B) OPEN THE GATE IN THE SECURITY FENCE DIVIDING THE BERRY
BROTHERS PROPERTY FROM THE LICENSED PREMISES TO ENABLE C.P. RAIL TO
EXERCISE ITS PRIVILEGES UNDER AN AGREEMENT IT HAS MADE WITH BERRY
BROTHERS FOR THE STORAGE AND STEVEDORING OF TRAFFIC HANDLED BY C.P.
RAIL, WHICH AGREEMENT IS ACCEPTABLE TO THE GOVERNMENT OF NEWFOUNDLAND.
IN WITNESS WHEREOF, THE PARTIES HERETO HAVE HEREUNTO SET THEIR HANDS
AND SEALS THIS 20TH., DAY OF DECEMBER 1973.
CANADIAN PACIFIC LIMITED
BY SIGNED
SECRETARY
UNITED STATES OF AMERICA
BY SIGNED
DONALD H. JARVIS
CAPTAIN U.S. NAVY
COMMANDING OFFICER
THE MEMORANDUM OF AGREEMENT, DATED THE 20TH., DAY OF DECEMBER, 1973,
BY AND BETWEEN CANADIAN PACIFIC LIMITED AND THE UNITED STATES OF AMERICA
IS HEREBY APPROVED BY THE MINISTER OF INDUSTRIAL DEVELOPMENT FOR AND ON
BEHALF OF HER MAJESTY THE QUEEN IN RIGHT OF NEWFOUNDLAND UNDER THE SEAL
OF THE DEPARTMENT OF INDUSTRIAL DEVELOPMENT THIS 20TH., DAY OF DECEMBER
1973.
SIGNED
C. WILLIAM DOODY
MINISTER
CAMBODIA 15 NOV 1972 FLITE DOCUMENT NO. 7502407
LOAN AGREEMENT
LOAN OF THE HARBOR UTILITY CRAFT (SKILAK) (YFU-73)
LOAN AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND THE
GOVERNMENT OF THE KHMER REPUBLIC
THIS AGREEMENT, MADE AS OF THE (DATE) 15 NOVEMBER 1972, BETWEEN THE
UNITED STATES OF AMERICA (HEREINAFTER CALLED THE "LENDER GOVERNMENT")
REPRESENTED BY ITS DEPARTMENT OF THE NAVY AND THE GOVERNMENT OF THE
KHMER REPUBLIC (HEREINAFTER CALLED THE "BORROWER GOVERNMENT")
REPRESENTED BY THE NAVY OF THE GOVERNMENT OF THE KHMER REPUBLIC.
WITNESSETH:
WHEREAS, THE BORROWER GOVERNMENT HAS REQUESTED A LOAN OF THE HARBOR
UTILITY CRAFT (SKILAK) (YFU-73) (HEREINAFTER REFERRED TO AS THE DEFENSE
ARTICLE) PURSUANT TO THE MUTUAL DEFENSE ASSISTANCE AGREEMENT BETWEEN THE
PARTIES DATED DECEMBER 28, 1951, AND,
WHEREAS, THE LENDER GOVERNMENT IS WILLING TO LEND THE DEFENSE
ARTICLE, AND,
WHEREAS, THIS LOAN IS MADE UNDER THE AUTHORITY OF SECTION 503 OF THE
FOREIGN ASSISTANCE ACT OF 1961, AS AMENDED (22 U.S. CODE 2311).
NOW THEREFORE, THE PARTIES DO MUTUALLY AGREE AS FOLLOWS:
1. IN CONSIDERATION OF THE MAINTENANCE AND OTHER OBLIGATIONS ASSUMED
BY THE BORROWER GOVERNMENT, THE LENDER GOVERNMENT HEREBY LENDS TO THE
BORROWER GOVERNMENT THE DEFENSE ARTICLE FOR A TERM OF FIV YEARS FROM THE
DATE OF DELIVERY THEREOF TO THE BORROWER GOVERNMENT AND UNDER THE TERMS
AND CONDITIONS SET FORTH IN THE GENERAL PROVISIONS HERETO ANNEXED.
2. THE LENDER GOVERNMENT SHALL DELIVER THE DEFENSE ARTICLE TO THE
BORROWER GOVERNMENT AT SUCH TIME AND PLACE AS MAY BE MUTUALLY AGREED
UPON. SUCH DELIVERY SHALL BE EVIDENCED BY A CERTIFICATION OF DELIVERY.
3. BY MUTUAL AGREEMENT, THIS LOAN MAY BE EXTENDED FOR ADDITIONAL
TERMS, NOT TO EXCEED FIVE YEARS EACH.
IN WITNESS WHEREOF, EACH OF THE PARTIES HERETO HAS EXECUTED THIS LOAN
AS OF THE DAY AND YEAR FIRS ABOVE WRITTEN.
(CERTIFICATE OF DELIVERY OMITTED)
THE GOVERNMENT OF THE KHMER REPUBLIC
BY SIGNED
COMMODORE VONG SARENDY
COMMANDANT ET CHEF D'ETAT-MAJOR
DE LA MARINE NATIONALE KHMERE
UNITED STATES OF AMERICA
BY SIGNED
R.R. HAMER JR.
CAPTAIN, UNITED STATES NAVY
CHIEF, PLANS & PROGRAMS
MILITARY EQUIPMENT DELIVERY TEAM
KHMERE REPUBLIC
CAMBODIA 8 NOV 1972 FLITE DOCUMENT NO. 7502406
LOAN AGREEMENT
LOAN OF SMALL HARBOR TUG (YTL-433)
LOAN AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND THE
GOVERNMENT OF THE KHMER REPUBLIC
THIS AGREEMENT, MADE AS OF THE (DATE) 8 NOVEMBER 1972, BETWEEN THE
UNITED STATES OF AMERICA (HEREINAFTER CALLED THE "LENDER GOVERNMENT")
REPRESENTED BY ITS DEPARTMENT OF THE NAVY AND THE GOVERNMENT OF THE
KHMER REPUBLIC (HEREINAFTER CALLED THE "BORROWER GOVERNMENT")
REPRESENTED BY THE NAVY OF THE GOVERNMENT OF THE KHMER REPUBLIC.
WITNESSETH:
WHEREAS, THE BORROWER GOVERNMENT HAS REQUESTED A LOAN OF THE SMALL
HARBOR TUG (YTL-433) (HEREINAFTER REFERRED TO AS THE DEFENSE ARTICLE)
PURSUANT TO THE MUTUAL DEFENSE ASSISTANCE AGREEMEN BETWEEN THE PARTIES
DATED DECEMBER 28, 1951, AND,
WHEREAS, THE LENDER GOVERNMENT IS WILLING TO LEND THE DEFENSE
ARTICLE, AND,
WHEREAS, THIS LOAN IS MADE UNDER THE AUTHORITY OF SECTION 503 OF THE
FOREIGN ASSISTANCE ACT OF 1961, AS AMENDED (22 U.S. CODE 2311).
NOW THEREFORE, THE PARTIES DO MUTUALLY AGREE AS FOLLOWS:
1. IN CONSIDERATION OF THE MAINTENANCE AND OTHER OBLIGATIONS ASSUMED
BY THE BORROWER GOVERNMENT, THE LENDER GOVERNMENT HEREBY LENDS TO THE
BORROWER GOVERNMENT THE DEFENSE ARTICLE FOR A TERM OF FIV YEARS FROM THE
DATE OF DELIVERY THEREOF TO THE BORROWER GOVERNMENT AND UNDER THE TERMS
AND CONDITIONS SET FORTH IN THE GENERAL PROVISIONS HERETO ANNEXED.
2. THE LENDER GOVERNMENT SHALL DELIVER THE DEFENSE ARTICLE TO THE
BORROWER GOVERNMENT AT SUCH TIME AND PLACE AS MAY BE MUTUALLY AGREED
UPON. SUCH DELIVERY SHALL BE EVIDENCED BY A CERTIFICATION OF DELIVERY.
3. BY MUTUAL AGREEMENT, THIS LOAN MAY BE EXTENDED FOR ADDITIONAL
TERMS, NOT TO EXCEED FIVE YEARS EACH.
IN WITNESS WHEREOF, EACH OF THE PARTIES HERETO HAS EXECUTED THIS LOAN
AS OF THE DAY AND YEAR FIRS ABOVE WRITTEN.
(CERTIFICATE OF DELIVERY OMITTED)
THE GOVERNMENT OF THE KHMER REPUBLIC
BY SIGNED
COMMODORE VONG SARENDY
COMMANDANT ET CHEF D'ETAT-MAJOR
DE LA MARINE NATIONALE KHMERE
UNITED STATES OF AMERICA
BY SIGNED
R.R. HAMER JR.
CAPTAIN, UNITED STATES NAVY
CHIEF, PLANS & PROGRAMS
MILITARY EQUIPMENT DELIVERY TEAM
KHMERE REPUBLIC
BRAZIL 30 SEP 1974 FLITE DOCUMENT NO. 7502405
CREDIT AGREEMENT
PURCHASE ARRANGEMENTS BETWEEN THE GOVERNMENT OF BRAZIL AND THE UNITED
STATES OF AMERICA FOR THE PURCHASE OF DEFENSE ARTICLES AND SERVICES
CREDIT AGREEMENT, MADE AND ENTERED INTO THE 30TH DAY OF SEPTEMBER,
1974, BETWEEN THE GOVERNMENT O BRAZIL, REPRESENTED BY ITS AMBASSADOR,
AND THE GOVERNMENT OF THE UNITED STATES OF AMERICA, REPRESENTED BY THE
DEPARTMENT OF DEFENSE OF THE UNITED STATES OF AMERICA.
WITNESSETH
WHEREAS, THE GOVERNMENT OF BRAZIL (HEREINAFTER SOMETIMES REFERRED TO
AS THE "BORROWER") DESIRES T ENTER INTO PURCHASE CONTRACTS (HEREINAFTER
REFERRED TO AS "PURCHASE ARRANGEMENTS") WITH THE MILITAR DEPARTMENTS AND
AGENCIES OF THE UNITED STATES DEPARTMENT OF DEFENSE (HEREINAFTER
REFERRED TO AS "DOD") AND/OR VARIOUS UNITED STATES COMMERCIAL SUPPLIERS
FOR THE PURCHASE OF DEFENSE ARTICLES AND SERVICES OF UNITED STATES
ORIGIN (HEREINAFTER COLLECTIVELY REFERRED TO AS "DEFENSE ITEMS"); AND
WHEREAS, THE BORROWER HAS REQUESTED THE GOVERNMENT OF THE UNITED
STATES OF AMERICA (HEREINAFTER SOMETIMES REFERRED TO AS THE "LENDER") TO
FINANCE PAYMENTS REQUIRED TO BE MADE BY THE BORROWER UNDE THE PURCHASE
ARRANGEMENTS; AND
WHEREAS, THE AFORESAID REQUESTED CREDIT WILL FACILITATE THE PURPOSES
OF THE UNITED STATES FOREIGN MILITARY SALES ACT, AS AMENDED;
NOW THEREFORE, IN CONSIDERATION OF THE PREMISE AND THE MUTUAL
COVENANTS HEREINAFTER SET FORTH, AN IN IMPLEMENTATION OF, AND SUBJECT TO
THE PROVISIONS OF THE MUTUAL DEFENSE ASSISTANCE AGREEMENT BETWEEN THE
GOVERNMENT OF BRAZIL AND THE GOVERNMENT OF THE UNITED STATES OF AMERICA,
DATED 19 MAY 1953, THE PARTIES HERETO AGREE AS FOLLOWS:
1. SUBJECT TO THE TERMS AND CONDITIONS HEREOF, THE LENDER AGREES TO
MAKE LOANS TO THE BORROWER FROM TIME TO TIME IN AN AGGREGATE PRINCIPAL
AMOUNT UP TO BUT NOT EXCEEDING $27,500,000.00 (HEREINAFTER CALLED THE
"COMMITMENT").
2. THE AFORESAID COMMITMENT SHALL BE AVAILABLE ONLY TO FINANCE THE
PURCHASE OF DEFENSE ITEMS BY THE BORROWER PUSUANT TO PURCHASE
ARRANGEMENTS AUTHORIZED FOR SUCH FINANCING BY DOD WHICH ARE ENTERE INTO
BY THE BORROWER ON OR BEFORE 30 JUNE, 1975. EACH AUTHORIZATION FOR THE
BORROWER TO ENTER INTO A PURCHASE ARRANGEMENT IN IMPLEMENTATION OF THIS
CREDIT AGREEMENT SHALL BE SEPARATELY COMMUNICATED BY DOD IN WRITING TO
THE BORROWER, WHICH AUTHORIZATION SHALL SPECIFY THE DEFENSE ITEMS AND
THE AMOUNT OF CREDIT AUTHORIZED FOR THE PURCHASE ARRANGEMENT. THE
BORROWER SHALL INCORPORATE INTO EACH SUCH PURCHASE ARRANGEMENT WITH
COMMERCIAL SUPPLIERS THE PROVISIONS OF ANNEX A HERETO AND ATTACH AS AN
EXHIBIT TO THE PURCHASE ARRANGEMENT A TRUE COPY OF THE APPLICABLE
AFORESAID AUTHORIZATION AND OF PARAGRAPH 9 OF THIS CREDIT AGREEMENT.
3. EACH LOAN HEREUNDER BY THE LENDER SHALL BE MADE IN ACCORDANCE
WITH THE FOLLOWING PROCEDURES:
(A) EACH LOAN SHALL BE MADE ON SUCH DATE (HEREINAFTER REFERRED TO AS
A "DISBURSEMENT DATE") AS MAY BE DESIGNATED BY THE BORROWER FROM TIME TO
TIME UPON TEN (10) DAYS WRITTEN NOTICE BY THE BORROWER TO THE LENDER.
(B) EACH NOTICE SHALL SPECIFY THE AMOUNT OF THE LOAN TO BE MADE BY
THE LENDER ON THE DISBURSEMEN DATE, AND SHALL SPECIFY THE SUPPLIER OR
SUPPLIERS (INCLUDING THE MILITARY DEPARTMENTS OR AGENCIES O DOD) TO WHOM
THE DISBURSEMENT IS TO BE REMITTED BY THE LENDER.
(C) EACH NOTICE SHALL BE PREPARED IN QUADRUPLICATE ON U.S. STANDARD
FORM 1034 AND SHALL BE SENT TO THE COMPTROLLER, DEFENSE SECURITY
ASSISTANCE AGENCY, THE PENTAGON, WASHINGTON, D.C. 20301.
(D) IN THE CASE OF DISBURSEMENTS REQUESTED TO BE MADE TO COMMERCIAL
SUPPLIERS, THE INVOICES SHAL BE PREPARED IN ACCORDANCE WITH THE
PROCEDURE SET FORTH IN ANNEX A HERETO.
(E) IN THE CASE OF DISBURSEMENTS REQUESTED TO BE MADE TO THE MILITARY
DEPARTMENTS AND AGENCIES O DOD, THE NOTICES SHALL HAVE ANNEXED THERETO
COPIES OF THE PAYMENT REQUEST RECEIVED BY THE BORROWER FROM SUCH
MILITARY DEPARTMENT OR AGENCY AGAINST WHICH DISBURSEMENT IS REQUESTED.
(F) WITH EACH NOTICE, THE BORROWER SHALL CONCURRENTLY TRANSMIT TO THE
LENDER AT THE ADDRESS SET FORTH IN SUBPARAGRAPH (C) ABOVE OF THIS
PARAGRAPH A PROMISSORY NOTE SUBSTANTIALLY IN THE FORM OF ANNEX B HERETO
(WITH THE BLANKS APPROPRIATELY FILLED IN) RECITING THE OBLIGATION OF THE
BORROWER TO REPAY THE AMOUNT OF SUCH LOAN WITH INTEREST THEREON AS
HEREINAFTER SET FORTH. (THE PROMISSORY NOTE HEREINABOVE REFERRED TO ARE
HEREINAFTER CALLED THE "NOTES" AND INDIVIDUALLY A "NOTE").
4.(A) ALL OCEAN TRANSPORTATION OF THE DEFENSE ARTICLES SHALL BE ON
VESSELS OF UNITED STATES REGISTRY. THE GOVERNMENT OF THE UNITED STATES
WILL GIVE SYMPATHETIC CONSIDERATION ON A CASE-BY-CAS BASIS TO REQUESTS
BY THE BORROWER JUSTIFYING SHIPMENT ON VESSELS OF THE REGISTRY OF THE
BORROWER. CONSIDERATION WILL BE GIVEN TO SECURITY REQUIREMENTS OF THE
BORROWER TO ASSURE SAFE ARRIVAL.
(B) THE BORROWER OR ITS COMMERCIAL SUPPLIERS SHALL BE RESPONSIBLE FOR
OBTAINING SUCH EXPORT LICENSES AS MAY BE NECESSARY FOR DEFENSE ITEMS
FINANCED HEREUNDER.
5. THIS AGREEMENT EVIDENCES THE LEGAL AND BINDING OBLIGATION OF THE
BORROWER TO MAKE REPAYMENTS TO THE LENDER FOR DISBURSEMENTS MADE BY THE
LENDER IN ACCORDANCE WITH THE TERMS HEREOF. THE LENDER MAY SELL OR
ASSIGN, IN WHOLE OR IN PART, ITS RIGHTS TO SAID REPAYMENTS AND MAY, WITH
RESPECT TO SUC SALE OR ASSIGNMENT, GUARANTEE PAYMENT OF THE SAME.
6.(A) THE BORROWER SHALL REPAY THE DISBURSEMENTS MADE BY THE LENDER
IN ACCORDANCE WITH THE PRINCIPAL REPAYMENT SCHEDULE SET FORTH IN ANNEX C
HERETO, AND SHALL PAY INTEREST SEMIANNUALLY ON 31 MARCH AND 30 SEPTEMBER
COMMENCING 31 MARCH 1975, AT THE RATE OF EIGHT & ONE-QUARTER PERCENT
(8-1/4% PER ANNUM, USING A 365 DAY FACTOR, ON THE AMOUNT BY WHICH FROM
TIME TO TIME CUMULATIVE DISBURSEMENT EXCEED CUMULATIVE REPAYMENTS OF
PRINCIPAL.
(B) IF ON ANY INSTALLMENT REPAYMENT DATE SET FORTH IN THE PRINCIPAL
REPAYMENT SCHEDULE THE BORROWER SHALL NOT HAVE AVAILED ITSELF OF THE
COMMITMENT OF THE LENDER IN AN AGGREGATE AMOUNT (LESS REPAYMENTS
PREVIOUSLY MADE) EQUAL TO THE AGGREGATE INSTALLMENT OF PRINCIPAL WHICH
IS REPAYABLE ON SUCH DATE TO THE LENDER, THE BORROWER SHALL, ON SUCH
INSTALLMENT DATE, REPAY TO THE LENDER THE FULL AMOUNT (LESS REPAYMENTS
PREVIOUSLY MADE) TO WHICH IT HAS AVAILED ITSELF OF THE COMMITMENT OF THE
LENDER TO SUCH DATE, TOGETHER WITH THE INTEREST ACCRUED THEREON. IF AT
ANY TIME THEREAFTER THE BORROWER SHALL AVAIL ITSELF OF THE COMMITMENT OF
THE LENDER IN AN AMOUNT WHICH WOULD HAVE BEEN PAYABLE ON A PRIOR
INSTALLMENT REPAYMENT DATE BUT FOR THE PROVISIONS OF THE IMMEDIATELY
PRECEDING SENTENCE, SUCH AMOUNT, TOGETHER WITH THE INTEREST ACCRUED
THEREON, SHALL BE REPAYABLE ON THE NEXT SUCCEEDING INSTALLMENT DATE OF
THE PRINCIPAL REPAYMENT SCHEDULE OCCURRING AFTER THE DISBURSEMENT OF
SUCH AMOUNT AND THE SAID AGGREGATE INSTALLMENT OF PRINCIPAL REPAYABLE
UNDER THE PRINCIPAL REPAYMENT SCHEDULE TO THE LENDER ON THAT DATE SHALL
BE INCREASED BY SUCH AMOUNT.
(C) IF BY THE DATE SPECIFIED IN PARAGRAPH 2 ABOVE, THE BORROWER SHALL
NOT HAVE ENTERED INTO AUTHORIZED PURCHASE ARRANGEMENTS IN AN AGGREGATE
AMOUNT EQUAL TO THE ENTIRE AMOUNT OF THE COMMITMENT, THE INSTALLMENTS OF
PRINCIPAL REPAYABLE TO THE LENDER SET FORTH IN THE PRINCIPAL REPAYMENT
SCHEDULE SHALL BE REDUCED IN THE INVERSE ORDER OF THE MATURITY THEREOF
TO THE EXTENT OF THE UNUSED BALANCE OF THE COMMITMENT.
(D) WHENEVER ANY REPAYMENT TO BE MADE BY THE BORROWER SHALL BE DUE ON
A SATURDAY, SUNDAY, OR PUBLIC HOLIDAY UNDER THE LAWS OF THE LENDER, SUCH
REPAYMENT MAY BE MADE ON THE NEXT SUCCEEDING BUSINESS DAY, AND SUCH
EXTENSION OF TIME SHALL IN SUCH CASE BE INCLUDED IN COMPUTING INTEREST
IN CONNECTION WITH SUCH REPAYMENT BUT EXCLUDED FROM THE NEXT INTEREST
PERIOD.
(E) THE BORROWER MAY PREPAY THE CREDIT EXTENDED UNDER THIS AGREEMENT
IN PART OR IN FULL ON ANY INTEREST PAYMENT DATE WITHOUT PENALTY OR
PREMIUM, BUT SUCH PREPAYMENT MUST BE ACCOMPANIED BY PAYMEN OF INTEREST
ON THE AMOUNT PREPAID TO THE DATE OF PREPAYMENT AND MUST BE APPLIED TO
THE SATISFACTION OF INSTALLMENTS OF PRINCIPAL REPAYMENTS IN THE INVERSE
ORDER OF THEIR MATURITIES.
(F) ALL REPAYMENTS BY THE BORROWER ON ACCOUNT OF PRINCIPAL OR
INTEREST SHALL BE IN LAWFUL MONEY OF THE UNITED STATES OF AMERICA AND IN
IMMEDIATELY AVAILABLE FUNDS, FREE AND CLEAR OF, AND WITHOUT DEDUCTION
FOR, ANY AND ALL TAXES, LEVIES, IMPOSTS, DEDUCTIONS AND WITHHOLDINGS
WHATSOEVER IMPOSED, LEVIED, COLLECTED OR ASSESSED WITH RESPECT THERETO
BY ANY CENTRAL OR LOCAL AUTHORITY OF __________
7.(A) THE NOTES SHALL BE FURTHER EVIDENCE OF THE OBLIGATION OF THE
BORROWER TO REPAY THE LOANS MADE HEREUNDER. EACH NOTE SHALL BE DATED
THE PARTICULAR DISBURSEMENT DATE OF THE LOAN WHICH SUCH NOTE EVIDENCES,
SHALL BE PAYABLE TO THE ORDER OF THE GOVERNMENT OF THE UNITED STATES IN
THE PRINCIPAL AMOUNT OF SUCH DISBURSEMENT, AND SHALL BEAR INTEREST ON
THE UNPAID PRINCIPAL AMOUNT THEREOF AS PROVIDED IN PARAGRAPH 6(A).
(B) THE NOTES SHALL BE COMPLETED BY THE BORROWER IN SUCH A MANNER
THAT REPAYMENT OF SUCH LOANS SHALL BE MADE IN THE ORDER OF THEIR
DISBURSEMENT, UTILIZING THE PRINCIPAL REPAYMENT SCHEDULE SET FORTH IN
ANNEX C (AS THE SAME MAY BE ADJUSTED IN ACCORDANCE WITH PARAGRAPHS 6(B)
AND (C) HEREOF), AND, IN DETERMINING WHETHER A PARTICULAR LOAN IS
REPAYABLE IN ONE OR MORE INSTALLMENTS, UTILIZING A PARTICULAR
INSTALLMENT PAYMENT DATE ONLY AFTER THE FULL UTILIZATION OF THE NEXT
PRECEDING INSTALLMENT DATE.
(C) EACH NOTE SHALL BE SIGNED ON BEHALF OF THE BORROWER BY THE
BRAZILIAN AMBASSADOR OR THE CHARG D/AFFAIRES IN WASHINGTON, D.C.
8.(A) THE BORROWER REPRESENTS AND WARRANTS THAT THE MAKING AND
PERFORMANCE OF THIS AGREEMENT HAV BEEN DULY AUTHORIZED IN ACCORDANCE
WITH THE LAWS OF BRAZIL AND SHALL FURNISH TO THE LENDER UPON REQUEST
EVIDENCE, SATISFACTORY TO THE LENDER, OF THE AUTHORITY OF THE PERSON OR
PERSONS WHO HAVE SIGNED THIS AGREEMENT ON BEHALF OF THE BORROWER AND OF
THE PERSON OR PERSONS WHO WILL SIGN THE NOTE PROVIDED FOR HEREIN ON
BEHALF OF THE BORROWER, TOGETHER WITH THE AUTHENTICATED SPECIMEN
SIGNATURE, IN DUPLICATE, OF EACH OF THE LATTER.
(B) THIS AGREEMENT SHALL INURE TO THE BENEFIT OF THE HOLDERS OF THE
NOTES, THEIR RESPECTIVE SUCCESSORS AND ASSIGNS. THIS AGREEMENT AND THE
NOTES SHALL BE DEEMED TO BE CONTRACTS UNDER THE LAW OF THE DISTRICT OF
COLUMBIA AND FOR ALL PURPOSES SHALL BE CONSTRUED IN ACCORDANCE WITH SAID
LAW. THE BORROWER AGREES THAT JURISDICTION MAY BE TAKEN BY COURTS IN
THE DISTRICT OF COLUMBIA WITH RESPECT TO MATTERS INVOLVING ANY NOTE,
PROVIDED SUCH NOTE IS HELD BY AN INDIVIDUAL, PARTNERSHIP, CORPORATION,
OR OTHER PRIVATE LEGAL ENTITY.
(C) THE BORROWER SHALL IN ALL CASES PAY WHEN AND AS DUE THE PRINCIPAL
OF AND INTEREST ON ALL NOTES ISSUED HEREUNDER, NOTWITHSTANDING ANY
CLAIMS WHICH THE BORROWER MAY NOW OR HEREAFTER HAVE AGAINST ANY SUPPLIER
OF THE DEFENSE ITEMS, DOD, THE LENDER, OR ANY OTHER PERSON OR ENTITY IN
CONNECTION WITH ANY OTHER TRANSACTION, FOR ANY REASON WHATSOEVER.
9. UPON THE OCCURRENCE OF ANY OF THE FOLLOWING EVENTS OF DEFAULT:
(A) IF THE BORROWER FAILS FOR A PERIOD OF TEN (10) DAYS TO MAKE ANY
PAYMENT OF PRINCIPAL OF, OR INTEREST ON, ANY NOTE WHEN DUE;
(B) IF ANY REPRESENTATION OR WARRANTY MADE BY THE BORROWER HEREIN OR
ANY CERTIFICATE FURNISHED B THE BORROWER PURSUANT HERETO PROVES TO BE AT
ANY TIME INCORRECT IN ANY MATERIAL RESPECT; OR
(C) IF THE BORROWER DEFAULTS IN THE PERFORMANCE OF ANY OTHER TERM,
COVENANT OR UNDERTAKING CONTAINED IN THIS CREDIT AGREEMENT, AND SUCH
DEFAULT SHALL CONTINUE UNREMEDIED FOR 30 DAYS AFTER WRITTEN NOTIFICATION
THEREOF SHALL HAVE BEEN GIVEN TO THE BORROWER BY THE LENDER;
THEN, AND IN ANY SUCH EVENT, THE HOLDER OF ANY NOTE MAY DECLARE
IMMEDIATELY DUE AND PAYABLE THE UNPAID PRINCIPAL OF, AND ACCRUED
INTEREST ON, ANY OR ALL NOTES HELD BY SUCH HOLDER AND SUCH AMOUNTS SHALL
BECOME IMMEDIATELY DUE AND PAYABLE WITHOUT PROTEST, PRESENTMENT, NOTICE
OR OTHER DEMAND OF AN KIND, ALL OF WHICH ARE HEREBY EXPRESSLY WAIVED BY
THE BORROWER, AND THE LENDER MAY TERMINATE ITS COMMITMENT HEREUNDER.
10. ALL COMMUNICATIONS AND OTHER DOCUMENTS REQUIRED OR PERMITTED
HEREUNDER, UNLESS SUBMITTED IN THE ENGLISH LANGUAGE, SHALL BE
ACCOMPANIED BY ONE ENGLISH TRANSLATION FOR EACH COPY OF SUCH DOCUMENTS
TO BE FURNISHED AND, IN THE EVENT OF CONFLICT, THE ENGLISH VERSION SHALL
GOVERN. EXCEPT AS OTHERWISE PROVIDED HEREIN, ALL NOTICES, REQUESTS OR
DEMANDS HEREUNDER SHALL BE DEEMED TO HAVE BEEN GIVEN OR MADE UPON THE
MAILING OF THE SAME, POSTAGE PREPAID, OR IN THE CASE OF TELEGRAPHIC
NOTICE, ON DELIVERY TO THE TELEGRAPHIC COMPANY, ADDRESSED IN THE CASE OF
THE BORROWER, TO EMBASSY O BRAZIL AND IN THE CASE OF THE LENDER TO THE
DIRECTOR, DEFENSE SECURITY ASSISTANCE AGENCY, THE PENTAGON, WASHINGTON,
D.C. 20301.
11. THIS AGREEMENT MAY BE EXECUTED IN ANY NUMBER OF COUNTERPARTS AND
BY THE PARTIES HERETO ON SEPARATE COUNTERPARTS, EACH OF WHICH SHALL BE
DEEMED AN ORIGINAL BUT ALL SUCH COUNTERPARTS TO CONSTITUTE ONE AND THE
SAME INSTRUMENT.
12. ANNEXES A THROUGH C ATTACHED HERETO ARE, BY THIS REFERENCE, MADE
A PART OF THIS AGREEMENT.
IN WITNESS WHEREOF, THE PARTIES HERETO HAVE DULY EXECUTED THIS
AGREEMENT 30TH DAY OF SEPTEMBER 1974.
GOVERNMENT OF BRAZIL
SIGNED
BY JOAO AUGUSTO DE ARAUJO CASTRO
AMBASSADOR
GOVERNMENT OF THE UNITED STATES OF AMERICA
SIGNED
BY H.M. FISH
MAJOR GENERAL, USAF
DIRECTOR,
DEFENSE SECURITY ASSISTANCE AGENCY
ANNEX A
AND
ANNEX A2
PAYMENT PROCEDURES
THE FOLLOWING PROCEDURES AND CONDITIONS SHALL BE ADHERED TO PRIOR TO
EACH DISBURSEMENT TO BE MADE BY THE GOVERNMENT OF THE UNITED STATES FOR
THE ACCOUNT OF THE GOVERNMENT OF __________.
1. THE SUPPLIER SHALL PREPARE AND SUBMIT TO THE DESIGNATED
REPRESENTATIVES OF THE GOVERNMENT OF __________ IN WASHINGTON, D.C.
INVOICES ON U.S. STANDARD FORM 1034 IN SUFFICIENT NUMBER OF COPIES T
PERMIT THE FORWARDING OF FOUR COPIES TO THE DISBURSING OFFICER
DESIGNATED IN PARAGRAPH 5 BELOW.
2. THE SUPPLIER SHALL INSURE THAT EACH INVOICE IS IN ACCORDANCE WITH
RELEVANT PROVISIONS OF ITS PURCHASE ARRANGEMENT WITH THE GOVERNMENT OF
__________.
3. THE SUPPLIER SHALL ATTACH TO EACH INVOICE A STATEMENT THAT
AUTHORIZED REPRESENTATIVES OF THE GOVERNMENT OF THE UNITED STATES SHALL,
UNTIL THE EXPIRATION OF THREE YEARS AFTER FINAL PAYMENT HEREUNDER, HAVE
ACCESS TO AND THE RIGHT TO EXAMINE ANY DIRECTLY RELATED PERTINENT BOOKS,
DOCUMENTS, PAPERS AND RECORDS OF THE SUPPLIER INVOLVING TRANSACTIONS
RELATING TO THE AFORESAID PURCHASE ARRANGEMENT.
4. TO THE EXTENT THAT ANY INVOICE REQUESTS PAYMENT OF ADVANCES, AS
DISTINGUISHED FROM PAYMENT FO DELIVERY OF DEFENSE ITEMS OR REIMBURSEMENT
IN THE FORM OF PROGRESS PAYMENTS FOR WORK OR SERVICES PERFORMED, THE
SUPPLIER SHALL ATTACH TO THE INVOICE A STATEMENT SETTING FORTH THE
UNDERTAKING OF TH SUPPLIER THAT THE FULL AMOUNT OF THE ADVANCE WILL BE
MAINTAINED BY THE SUPPLIER IN A SEGREGATED ACCOUNT WHICH WILL BE APPLIED
SOLELY TO THE PERFORMANCE OF THE SUPPLIER'S OBLIGATIONS UNDER THE
PURCHASE ARRANGEMENT.
5. THE DESIGNATED REPRESENTATIVE OF THE GOVERNMENT OF __________ IN
WASHINGTON, D.C. SHALL FORWARD SUCH INVOICES TO THE COMPTROLLER, DEFENSE
SECURITY ASSISTANCE AGENCY, THE PENTAGON, WASHINGTON, D.C. 20301.
6. EACH INVOICE SHALL BE ACCOMPANIED BY A CERTIFICATION OF THE
GOVERNMENT OF __________ AS FOLLOWS:
THE GOVERNMENT OF __________ CONFIRMS (THAT THE DEFENSE ITEMS SET
FORTH HEREIN HAVE BEEN SATISFACTORILY RECEIVED BY OR FOR THE GOVERNMENT
OF __________) (THAT THE WORK OR SERVICES FOR WHIC PROGRESS PAYMENTS ARE
REQUESTED HAVE BEEN SATISFACTORILY RENDERED) (THAT PAYMENT IS OTHERWISE
DUE) UNDER ITS PURCHASE ARRANGEMENT OF __________ FOR THE PURCHASE OF
DEFENSE ITEMS FROM SUPPLIER, AND CERTIFIES THAT THE BILL IS CORRECT AND
JUST AND THAT PAYMENT THEREFOR HAS NOT BEEN MADE. PAYMENT O THIS
INVOICE IS REQUESTED BY THE MINISTRY OF DEFENSE OF THE GOVERNMENT OF
__________ PURSUANT TO TH TERMS OF THE CREDIT AGREEMENT OF __________
BETWEEN THE __________ OF THE GOVERNMENT OF __________ AND THE
GOVERNMENT OF THE UNITED STATES OF AMERICA. THE GOVERNMENT OF
__________ CONFIRMS THAT SAI PURCHASE ARRANGEMENT IS ONE OF THE PURCHASE
ARRANGEMENTS AUTHORIZED BY THE DEPARTMENT OF DEFENSE OF THE UNITED
STATES OF AMERICA PURSUANT TO THE AFORESAID CREDIT AGREEMENT OF
__________ AND FURTHER CONFIRMS THAT THE CUMULATIVE TOTAL OF THIS
INVOICE AND INVOICES PREVIOUSLY PAID BY THE GOVERNMENT O THE UNITED
STATES AGAINST SAID PURCHASE ARRANGEMENT DOES NOT EXCEED THE AGGREGATE
CREDIT CEILING ESTABLISHED BY THE GOVERNMENT OF THE UNITED STATES FOR
THE SAID PURCHASE ARRANGEMENT.
ANNEX B
AND
ANNEX B2
PROMISSORY NOTE
U.S. $__________, WASHINGTON, D.C.
FOR VALUE RECEIVED, THE UNDERSIGNED, THE GOVERNMENT OF __________
(HEREIN CALLED "__________"), HEREBY PROMISES TO PAY TO THE ORDER OF THE
GOVERNMENT OF THE UNITED STATES OF AMERICA (HEREIN CALLE "UNITED
STATES") THE PRINCIPAL SUM OF __________ UNITED STATES DOLLARS (U.S.
$__________) AS FOLLOWS:
TOGETHER WITH INTEREST ON ANY AND ALL AMOUNTS REMAINING UNPAID
HEREUNDER FROM TIME TO TIME FROM THE DATE HEREOF UNTIL THIS NOTE SHALL
BE PAID IN FULL, PAYABLE SEMIANNUALLY ON __________ AND __________ OF
EACH YEAR FROM DATE HEREOF AT THE RATE OF _____ PERCENT PER ANNUM
(_____%) USING A 36 DAY FACTOR, BOTH PRINCIPAL AND INTEREST TO BE
PAYABLE IN LAWFUL MONEY OF THE UNITED STATES OF AMERICA TO THE
COMPTROLLER, DEFENSE SECURITY ASSISTANCE AGENCY, ATTN: FINANCE &
ACCOUNTING DIVISION, THE PENTAGON, WASHINGTON, D.C. 20301. ALL PAYMENTS
MADE ON ACCOUNT OF THE PRINCIPAL AMOUNT REMAINING UNPAID HEREUNDER SHALL
BE ENDORSED BY THE HOLDER ON THE REVERSE SIDE OF THIS NOTE.
WHENEVER ANY PAYMENT TO BE MADE SHALL BE DUE ON A SATURDAY, SUNDAY,
OR A PUBLIC HOLIDAY UNDER THE LAWS OF THE GOVERNMENT OF THE UNITED
STATES, SUCH PAYMENT MAY BE MADE ON THE NEXT SUCCEEDING BUSINESS DAY,
AND SUCH EXTENSION OF TIME SHALL IN SUCH CASE BE INCLUDED IN COMPUTING
INTEREST IN CONNECTION WITH SUCH PAYMENT BUT EXCLUDED FROM THE NEXT
INTEREST PERIOD.
THIS NOTE MAY BE PREPAID ON ANY INTEREST PAYMENT DATE. PREPAYMENTS
SHALL BE APPLIED TO THE INSTALLMENTS HEREOF IN THE REVERSE ORDER OF
THEIR MATURITY. ALL PAYMENTS OF PRINCIPAL AND INTEREST ON THIS NOTE ARE
PAYABLE IN LAWFUL MONEY OF THE UNITED STATES OF AMERICA AND IN
IMMEDIATELY AVAILABLE FUNDS, FREE AND CLEAR OF, AND WITHOUT DEDUCTION
FOR, ANY TAXES, LEVIES, IMPOSTS, DEDUCTIONS, AND WITHHOLDINGS WHATSOEVER
NOW OR HEREAFTER IMPOSED, LEVIED, COLLECTED OR ASSESSED WIT RESPECT
THERETO BY ANY CENTRAL OR LOCAL AUTHORITY OF __________ AND SHALL BE
PAID FREE FROM ALL RESTRICTIONS OF ANY CENTRAL OR LOCAL AUTHORITY OF
__________.
THE GOVERNMENT OF __________ AGREES TO PAY ALL OUT-OF-POCKET COSTS
AND EXPENSES IN CONNECTION WIT COLLECTION AFTER DEFAULT OF THIS NOTE
(INCLUDING THE REASONABLE FEES AND OUT-OF-POCKET EXPENSES OF COUNSEL) AS
WELL AS ALL STAMP AND SIMILAR TAXES, IF ANY, NOW OR HEREAFTER IN EFFECT,
AND TO SAVE TH HOLDER OF THE NOTE HARMLESS FROM ANY AND ALL LIABILITIES
WITH RESPECT TO OR RESULTING FROM ANY DELA OR OMISSION TO PAY SUCH
TAXES.
ANNEX C
PRINCIPAL REPAYMENT SCHEDULE
THE FIRST $ 1,000,000.00 OF DISBURSEMENTS ARE REPAYABLE ON 1 OCT 1977
THE NEXT $ 1,500,000.00 OF DISBURSEMENTS ARE REPAYABLE ON 1 OCT 1978
THE NEXT $ 2,000,000.00 OF DISBURSEMENTS ARE REPAYABLE ON 1 OCT 1979
THE NEXT $ 3,000,000.00 OF DISBURSEMENTS ARE REPAYABLE ON 1 OCT 1980
THE NEXT $ 4,000,000.00 OF DISBURSEMENTS ARE REPAYABLE ON 1 OCT 1981
THE NEXT $ 4,500,000.00 OF DISBURSEMENTS ARE REPAYABLE ON 1 OCT 1982
THE NEXT $ 7,000,000.00 OF DISBURSEMENTS ARE REPAYABLE ON 1 OCT 1983
THE NEXT $ 4,500,000.00 OF DISBURSEMENTS ARE REPAYABLE ON 1 OCT 1984
PURCHASE ARRANGEMENT AUTHORIZATION
DEAR __________
IN IMPLEMENTATION OF PARAGRAPH 2 OF THE CREDIT AGREEMENT BETWEEN THE
MINISTRY OF DEFENSE OF THE GOVERNMENT OF __________ AND THE DEPARTMENT
OF DEFENSE OF THE GOVERNMENT OF THE UNITED STATES, ENTERED INTO ON
__________, AND IN RESPONSE TO YOUR REQUEST OF __________, THE
GOVERNMENT OF __________ IS HEREBY AUTHORIZED TO ENTER INTO A PURCHASE
ARRANGEMENT WITH THE BELOW DESIGNATED SUPPLIERS FOR THE PURCHASE OF THE
FOLLOWING DEFENSE ARTICLES AND DEFENSE SERVICES AND THE AMOUNT OF CREDIT
AUTHORIZED FOR SUCH PURCHASE ARRANGEMENT:
ITEMS SUPPLIER AMOUNT
BRAZIL 23 JUL 1974 FLITE DOCUMENT NO. 7502404
AMENDMENT
AMENDMENT NUMBER TWO TO THE CREDIT AGREEMENT BETWEEN THE GOVERNMENT
OF BRAZIL AND THE GOVERNMENT OF THE UNITED STATES OF AMERICA DATED 29
MARCH 1974.
AMENDMENT NUMBER TWO TO THE CREDIT AGREEMENT BETWEEN THE GOVERNMENT
OF BRAZIL AND THE GOVERNMENT OF THE UNITED STATES OF AMERICA DATED MARCH
29, 1974
1. WHEREAS THE GOVERNMENT OF BRAZIL HAS REQUESTED AN AMENDMENT TO
ANNEX C (REPAYMENT SCHEDULE) T THE CREDIT AGREEMENT BETWEEN THE
GOVERNMENT OF BRAZIL AND THE GOVERNMENT OF THE UNITED STATES DATED 29
MARCH 1974;
NOW THEREFORE IT IS AGREED BETWEEN THE TWO PARTIES THAT ANNEX C OF
THE SAID AGREEMENT IS DELETED AND THE ATTACHED REVISED ANNEX C DATED 8
JULY 1974 IS SUBSTITUTED THEREFOR.
IN WITNESS WHEREOF THE PARTIES HERETO HAVE DULY EXECUTED THIS
AMENDMENT NUMBER TWO THIS 23 DAY OF JULY 1974.
GOVERNMENT OF BRAZIL
SIGNED
BY JOAO AUGUSTO DE ARAUJO CASTRO
AMBASSADOR
GOVERNMENT OF THE UNITED
STATES OF AMERICA
SIGNED
BY RAY PEET, VICE ADMIRAL, USN
DIRECTOR
DEFENSE SECURITY ASSISTANCE AGENCY
ANNEX C
REVISED REPAYMENT SCHEDULE TO THE AGREEMENT BETWEEN THE GOVERNMENT OF
BRAZIL AND THE GOVERNMENT O THE UNITED STATES OF AMERICA DATED MARCH 29,
1974
THE FIRST $ 500,000 OF DISBURSEMENTS ARE REPAYABLE ON 31 MAY 1975
THE NEXT $ 500,000 OF DISBURSEMENTS ARE REPAYABLE ON 31 MAY 1976
THE NEXT $ 500,000 OF DISBURSEMENTS ARE REPAYABLE ON 31 MAY 1977
THE NEXT $ 500,000 OF DISBURSEMENTS ARE REPAYABLE ON 31 MAY 1978
THE NEXT $2,500,000 OF DISBURSEMENTS ARE REPAYABLE ON 31 MAY 1979
THE NEXT $3,500,000 OF DISBURSEMENTS ARE REPAYABLE ON 31 MAY 1980
THE NEXT $6,000,000 OF DISBURSEMENTS ARE REPAYABLE ON 31 MAY 1981
THE LAST $6,000,000 OF DISBURSEMENTS ARE REPAYABLE ON 31 MAY 1982
BRAZIL 23 JUL 1974 FLITE DOCUMENT NO. 7502403
AMENDMENT
AMENDMENT NUMBER ONE TO THE CREDIT AGREEMENT BETWEEN THE GOVERNMENT
OF BRAZIL AND THE GOVERNMENT OF UNITED STATES OF AMERICA DATED 29 MARCH
1974.
AMENDMENT NUMBER ONE TO THE CREDIT AGREEMENT BETWEEN THE GOVERNMENT
OF BRAZIL AND THE GOVERNMENT OF THE UNITED STATES OF AMERICA DATED MARCH
29, 1974
1. THE FORM OF THE PROMISSORY NOTE AT ANNEX B OF THE CREDIT
AGREEMENT BETWEEN THE GOVERNMENT OF BRAZIL AND THE GOVERNMENT OF THE
UNITED STATES OF AMERICA, DATED MARCH 29, 1974, IS AMENDED BY STRIKING
"PAYABLE SEMIANNUALLY ON __________ AND __________ OF EACH YEAR FROM
DATE HEREOF AT THE RATE OF _____ PERCENT PER ANNUM ( %)" AND BY
INSERTING IN LIEU THEREOF "PAYABLE SEMIANNUALLY ON 31 MAY AND 30
NOVEMBER OF EACH YEAR FROM DATE HEREOF AT A RATE DETERMINED FOR PURPOSES
HEREOF (AND INCREASED OR DECREASED FROM TIME TO TIME) IN ACCORDANCE WITH
THE LETTER FROM VICE ADMIRAL RAY PEET, USN, DIRECTOR, DEFENSE SECURITY
ASSISTANCE AGENCY TO AMBASSADOR JOAO AUGUSTO DE ARAUJO CASTRO, DATE 27
MARCH 1974,".
2. THE AMENDMENT MADE IN PARAGRAPH 1 ABOVE SHALL BE EFFECTIVE FROM
MARCH 29, 1974.
IN WITNESS WHEREOF, THE PARTIES HERETO HAVE DULY EXECUTED THIS
AMENDMENT NUMBER ONE THIS 23 DAY O JULY, 1974.
GOVERNMENT OF BRAZIL
SIGNED
JOAO AUGUSTO DE ARAUJO CASTRO
AMBASSADOR
GOVERNMENT OF THE UNITED STATES OF AMERICA
SIGNED
RAY PEET, VICE ADMIRAL, USN
DIRECTOR
DEFENSE SECURITY ASSISTANCE
AGENCY
BRAZIL 29 MAR 1974 FLITE DOCUMENT NO. 7502402
CREDIT AGREEMENT
PURCHASE ARRANGEMENTS BETWEEN THE GOVERNMENT OF BRAZIL AND THE UNITED
STATES FOR THE PURCHASE OF DEFENSE ARTICLES AND SERVICES
CREDIT AGREEMENT, MADE AND ENTERED INTO THE 29TH DAY OF MARCH, 1974,
BETWEEN THE GOVERNMENT OF BRAZIL, REPRESENTED BY ITS AMBASSADOR, AND THE
GOVERNMENT OF THE UNITED STATES OF AMERICA, REPRESENTED BY THE
DEPARTMENT OF DEFENSE OF THE UNITED STATES OF AMERICA.
WITNESSETH
WHEREAS, THE GOVERNMENT OF BRAZIL (HEREINAFTER SOMETIMES REFERRED TO
AS THE "BORROWER") DESIRES O HAS ENTERED INTO PURCHASE CONTRACTS
(HEREINAFTER REFERRED TO AS "PURCHASE ARRANGEMENTS") WITH THE MILITARY
DEPARTMENTS AND AGENCIES OF THE UNITED STATES DEPARTMENT OF DEFENSE
(HEREINAFTER REFERRED TO AS "DOD") AND/OR VARIOUS UNITED STATES
COMMERCIAL SUPPLIERS FOR THE PURCHASE OF DEFENSE ARTICLES AND DEFENSE
SERVICES OF UNITED STATES ORIGIN (HEREINAFTER COLLECTIVELY REFERRED TO
AS "DEFENSE ITEMS"); AND
WHEREAS, THE BORROWER HAS REQUESTED THE GOVERNMENT OF THE UNITED
STATES OF AMERICA (HEREINAFTER SOMETIMES REFERRED TO AS THE "LENDER") TO
FINANCE PAYMENTS REQUIRED TO BE MADE BY THE BORROWER UNDE THE PURCHASE
ARRANGEMENTS; AND
WHEREAS, THE AFORESAID REQUESTED CREDIT WILL FACILITATE THE PURPOSES
OF THE UNITED STATES FOREIGN MILITARY SALES ACT, AS AMENDED;
NOW THEREFORE, IN CONSIDERATION OF THE PREMISE AND THE MUTUAL
COVENANTS HEREINAFTER SET FORTH, AN IN IMPLEMENTATION OF, AND SUBJECT TO
THE PROVISIONS OF THE MUTUAL DEFENSE ASSISTANCE AGREEMENT BETWEEN THE
GOVERNMENT OF BRAZIL AND THE GOVERNMENT OF THE UNITED STATES OF AMERICA,
DATED 19 MAY 1953, THE PARTIES HERETO AGREE AS FOLLOWS:
1. SUBJECT TO THE TERMS AND CONDITIONS HEREOF, THE LENDER AGREES TO
MAKE LOANS TO THE BORROWER FROM TIME TO TIME IN AN AGGREGATE PRINCIPAL
AMOUNT UP TO BUT NOT EXCEEDING $20,000,000.00 (HEREINAFTER CALLED THE
"COMMITMENT).
2. THE AFORESAID COMMITMENT SHALL BE AVAILABLE ONLY TO FINANCE THE
PURCHASE OF DEFENSE ITEMS BY THE BORROWER PURSUANT TO PURCHASE
ARRANGEMENTS AUTHORIZED FOR SUCH FINANCING BY DOD WHICH ARE ENTERED INTO
BY THE BORROWER ON OR BEFORE 30 JUNE 1976. EACH AUTHORIZATION FOR THE
BORROWER TO ENTER INTO A PURCHASE ARRANGEMENT IN IMPLEMENTATION OF THIS
CREDIT AGREEMENT SHALL BE SEPARATELY COMMUNICATED BY DOD IN WRITING TO
THE BORROWER, WHICH AUTHORIZATION SHALL SPECIFY THE DEFENSE ITEMS AND
THE AMOUNT OF CREDIT AUTHORIZED FOR THAT PURCHASE ARRANGEMENT. THE
BORROWER SHALL INCORPORATE INTO EACH SUCH PURCHASE ARRANGEMENT WITH
COMMERCIAL SUPPLIERS THE PROVISIONS OF ANNEX A HERETO AND ATTACH AS AN
EXHIBIT TO THE PURCHASE ARRANGEMENT A TRUE COPY OF THE APPLICABLE
AFORESAID AUTHORIZATION AND OF PARAGRAPH 9 OF THIS CREDIT AGREEMENT.
3. EACH LOAN HEREUNDER BY THE LENDER SHALL BE MADE IN ACCORDANCE
WITH THE FOLLOWING PROCEDURES;
(A) EACH LOAN SHALL BE MADE ON SUCH DATE (HEREINAFTER REFERRED TO AS
A "DISBURSEMENT DATE") AS MAY BE DESIGNATED BY THE BORROWER FROM TIME TO
TIME UPON TEN (10) DAYS WRITTEN NOTICE BY THE BORROWER TO THE LENDER.
(B) EACH NOTICE SHALL SPECIFY THE AMOUNT OF THE LOAN TO BE MADE BY
THE LENDER ON THE DISBURSEMEN DATE, AND SHALL SPECIFY THE SUPPLIER OR
SUPPLIERS (INCLUDING THE MILITARY DEPARTMENTS OR AGENCIES O DOD) TO WHOM
THE DISBURSEMENT IS TO BE REMITTED BY THE LENDER.
(C) EACH NOTICE SHALL BE SENT TO THE COMPTROLLER, DEFENSE SECURITY
ASSISTANCE AGENCY, THE PENTAGON, WASHINGTON, D.C. 20301.
(D) IN THE CASE OF DISBURSEMENTS REQUESTED TO BE MADE TO COMMERCIAL
SUPPLIERS, THE INVOICES SHAL BE PREPARED IN ACCORDANCE WITH THE
PROCEDURE SET FORTH IN ANNEX A HERETO.
(E) IN THE CASE OF DISBURSEMENTS REQUESTED TO BE MADE TO THE MILITARY
DEPARTMENTS AND AGENCIES O DOD, THE NOTICES SHALL HAVE ANNEXED THERETO
COPIES OF THE PAYMENT REQUEST RECEIVED BY THE BORROWER FROM SUCH
MILITARY DEPARTMENT OR AGENCY AGAINST WHICH DISBURSEMENT IS REQUESTED.
(F) WITH EACH NOTICE, THE BORROWER SHALL CONCURRENTLY TRANSMIT TO THE
LENDER AT THE ADDRESS SET FORTH IN SUBPARAGRAPH (C) ABOVE OF THIS
PARAGRAPH A PROMISSORY NOTE SUBSTANTIALLY IN THE FORM OF ANNEX B HERETO
(WITH THE BLANKS APPROPRIATELY FILLED IN) RECITING THE OBLIGATION OF THE
BORROWER TO REPAY THE AMOUNT OF SUCH LOAN WITH INTEREST THEREON AS
HEREINAFTER SET FORTH. (THE PROMISSORY NOTE HEREINABOVE REFERRED TO ARE
HEREINAFTER CALLED THE "NOTES" AND INDIVIDUALLY A "NOTE").
4.(A) ALL OCEAN TRANSPORTATION OF THE DEFENSE ARTICLES SHALL BE ON
VESSELS OF UNITED STATES REGISTRY. THE GOVERNMENT OF THE UNITED STATES
WILL GIVE SYMPATHETIC CONSIDERATION ON A CASE-BY-CAS BASIS TO REQUESTS
BY THE BORROWER JUSTIFYING SHIPMENT ON VESSELS OF THE REGISTRY OF THE
BORROWER. CONSIDERATION WILL BE GIVEN TO SECURITY REQUIREMENTS OF THE
BORROWER TO ASSURE SAFE ARRIVAL.
(B) THE BORROWER OR ITS COMMERCIAL SUPPLIERS SHALL BE RESPONSIBLE FOR
OBTAINING SUCH EXPORT LICENSES AS MAY BE NECESSARY FOR DEFENSE ITEMS
FINANCED HEREUNDER.
5. THIS AGREEMENT EVIDENCES THE LEGAL AND BINDING OBLIGATION OF THE
BORROWER TO MAKE REPAYMENTS TO THE LENDER FOR DISBURSEMENTS MADE BY THE
LENDER IN ACCORDANCE WITH THE TERMS HEREOF. THE LENDER MAY SELL OR
ASSIGN, IN WHOLE OR IN PART, ITS RIGHTS TO SAID REPAYMENTS AND MAY, WITH
RESPECT TO SUC SALE OR ASSIGNMENT, GUARANTEE PAYMENT OF THE SAME.
6.(A) THE BORROWER SHALL REPAY THE DISBURSEMENTS MADE BY THE LENDER
IN ACCORDANCE WITH THE PRINCIPAL REPAYMENT SCHEDULE SET FORTH IN ANNEX C
HERETO, AND SHALL PAY INTEREST SEMIANNUALLY ON 31 MAY AND 30 NOVEMBER
COMMENCING 31 MAY 1974 IN ACCORDANCE WITH THE PROVISIONS OF THE LETTER
SIGNED B THE DIRECTOR, DEFENSE SECURITY ASSISTANCE AGENCY, DATED 27
MARCH 1974 USING A 365 DAY FACTOR, ON TH AMOUNT BY WHICH FROM TIME TO
TIME CUMULATIVE DISBURSEMENTS EXCEED CUMULATIVE REPAYMENTS OF PRINCIPAL.
(B) IF ON ANY INSTALLMENT REPAYMENT DATE SET FORTH IN THE PRINCIPAL
REPAYMENT SCHEDULE THE BORROWER SHALL NOT HAVE AVAILED ITSELF OF THE
COMMITMENT OF THE LENDER IN AN AGGREGATE AMOUNT (LESS REPAYMENTS
PREVIOUSLY MADE EQUAL TO THE AGGREGATE INSTALLMENT OF PRINCIPAL WHICH IS
REPAYABLE ON SUCH DATE TO THE LENDER, THE BORROWER SHALL, ON SUCH
INSTALLMENT DATE, REPAY TO THE LENDER THE FULL AMOUNT (LESS REPAYMENTS
PREVIOUSLY MADE) TO WHICH IT HAS AVAILED ITSELF OF THE COMMITMENT OF THE
LENDER TO SUCH DATE, TOGETHER WITH THE INTEREST ACCRUED THEREON. IF AT
ANY TIME THEREAFTER THE BORROWER SHALL AVAIL ITSELF OF THE COMMITMENT OF
THE LENDER IN AN AMOUNT WHICH WOULD HAVE BEEN PAYABLE ON A PRIOR
INSTALLMENT REPAYMENT DATE BUT FOR THE PROVISIONS OF THE IMMEDIATELY
PRECEDING SENTENCE, SUCH AMOUNT, TOGETHER WITH THE INTEREST ACCRUED
THEREON, SHALL BE REPAYABLE ON THE NEXT SUCCEEDING INSTALLMENT DATE OF
THE PRINCIPAL REPAYMENT SCHEDULE OCCURRING AFTER THE DISBURSEMENT OF
SUCH AMOUNT AND THE SAID AGGREGATE INSTALLMENT OF PRINCIPAL REPAYABLE
UNDER THE PRINCIPAL REPAYMENT SCHEDULE TO THE LENDER ON THAT DATE SHALL
BE INCREASED BY SUCH AMOUNT.
(C) IF BY THE DATE SPECIFIED IN PARAGRAPH 2 ABOVE, (30 JUNE 1976),
THE BORROWER SHALL NOT HAVE ENTERED INTO AUTHORIZED PURCHASE
ARRANGEMENTS IN AN AGGREGATE AMOUNT EQUAL TO THE ENTIRE AMOUNT OF THE
COMMITMENT, THE INSTALLMENTS OF PRINCIPAL REPAYABLE TO THE LENDER SET
FORTH IN THE PRINCIPAL REPAYMENT SCHEDULE SHALL BE REDUCED IN THE
INVERSE ORDER OF THE MATURITY THEREOF TO THE EXTENT OF THE UNUSED
BALANCE OF THE COMMITMENT.
(D) WHENEVER ANY REPAYMENT TO BE MADE BY THE BORROWER SHALL BE DUE ON
A SATURDAY, SUNDAY, OR PUBLIC HOLIDAY UNDER THE LAWS OF THE LENDER, SUCH
REPAYMENT MAY BE MADE ON THE NEXT SUCCEEDING BUSINESS DAY, AND SUCH
EXTENSION OF TIME SHALL IN SUCH CASE BE INCLUDED IN COMPUTING INTEREST
IN CONNECTION WITH SUCH REPAYMENT BUT EXCLUDED FROM THE NEXT INTEREST
PERIOD.
(E) THE BORROWER MAY PREPAY THE CREDIT EXTENDED UNDER THIS AGREEMENT
IN PART OR IN FULL ON ANY INTEREST PAYMENT DATE WITHOUT PENALTY OR
PREMIUM, BUT SUCH PREPAYMENT MUST BE ACCOMPANIED BY PAYMEN OF INTEREST
ON THE AMOUNT PREPAID TO THE DATE OF PREPAYMENT AND MUST BE APPLIED TO
THE SATISFACTION OF INSTALLMENTS OF PRINCIPAL REPAYMENTS IN THE INVERSE
ORDER OF THEIR MATURITIES.
(F) ALL REPAYMENTS BY THE BORROWER ON ACCOUNT OF PRINCIPAL OR
INTEREST SHALL BE IN LAWFUL MONEY OF THE UNITED STATES OF AMERICA AND IN
IMMEDIATELY AVAILABLE FUNDS, FREE AND CLEAR OF, AND WITHOUT DEDUCTION
FOR, ANY AND ALL TAXES, LEVIES, IMPOSTS, DEDUCTIONS AND WITHHOLDINGS
WHATSOEVER IMPOSED, LEVIED, COLLECTED OR ASSESSED WITH RESPECT THERETO
BY ANY CENTRAL OR LOCAL AUTHORITY OF __________
7.(A) THE NOTES SHALL BE FURTHER EVIDENCE OF THE OBLIGATION OF THE
BORROWER TO REPAY THE LOANS MADE HEREUNDER. EACH NOTE SHALL BE DATED
THE PARTICULAR DISBURSEMENT DATE OF THE LOAN WHICH SUCH NOTE EVIDENCES,
SHALL BE PAYABLE TO THE ORDER OF THE GOVERNMENT OF THE UNITED STATES IN
THE PRINCIPAL AMOUNT OF SUCH DISBURSEMENT, AND SHALL BEAR INTEREST ON
THE UNPAID PRINCIPAL AMOUNT THEREOF AS PROVIDED IN PARAGRAPH 6(A).
(B) THE NOTES SHALL BE COMPLETED BY THE BORROWER IN SUCH A MANNER
THAT REPAYMENT OF SUCH LOANS SHALL BE MADE IN THE ORDER OF THEIR
DISBURSEMENT, UTILIZING THE PRINCIPAL REPAYMENT SCHEDULE SET FORTH IN
ANNEX C (AS THE SAME MAY BE ADJUSTED IN ACCORDANCE WITH PARAGRAPHS 6(B)
AND (C) HEREOF), AND, IN DETERMINING WHETHER A PARTICULAR LOAN IS
REPAYABLE IN ONE OR MORE INSTALLMENTS, UTILIZING A PARTICULAR
INSTALLMENT PAYMENT DATE ONLY AFTER THE FULL UTILIZATION OF THE NEXT
PRECEDING INSTALLMENT DATE.
(C) EACH NOTE SHALL BE SIGNED ON BEHALF OF THE BORROWER BY THE
BRAZILIAN AMBASSADOR OR THE CHARG D'AFFAIRES IN WASHINGTON, D.C.
8.(A) THE BORROWER REPRESENTS AND WARRANTS THAT THE MAKING AND
PERFORMANCE OF THIS AGREEMENT HAV BEEN DULY AUTHORIZED IN ACCORDANCE
WITH THE LAWS OF BRAZIL AND SHALL FURNISH TO THE LENDER UPON REQUEST
EVIDENCE, SATISFACTORY TO THE LENDER, OF THE AUTHORITY OF THE PERSON OR
PERSONS WHO HAVE SIGNED THIS AGREEMENT ON BEHALF OF THE BORROWER AND OF
THE PERSON OR PERSONS WHO WILL SIGN THE NOTE PROVIDED FOR HEREIN ON
BEHALF OF THE BORROWER, TOGETHER WITH THE AUTHENTICATED SPECIMEN
SIGNATURE, IN DUPLICATE, OF EACH OF THE LATTER.
(B) THIS AGREEMENT SHALL INURE TO THE BENEFIT OF THE HOLDERS OF THE
NOTES, THEIR RESPECTIVE SUCCESSORS AND ASSIGNS. THIS AGREEMENT AND THE
NOTES SHALL BE DEEMED TO BE CONTRACTS UNDER THE LAW OF THE DISTRICT OF
COLUMBIA AND FOR ALL PURPOSES SHALL BE CONSTRUED IN ACCORDANCE WITH SAID
LAW. THE BORROWER AGREES THAT JURISDICTION MAY BE TAKEN BY COURTS IN
THE DISTRICT OF COLUMBIA WITH RESPECT TO MATTERS INVOLVING ANY NOTE,
PROVIDED SUCH NOTE IS HELD BY AN INDIVIDUAL, PARTNERSHIP, CORPORATION,
OR OTHER PRIVATE LEGAL ENTITY.
(C) THE BORROWER SHALL IN ALL CASES PAY WHEN AND AS DUE THE PRINCIPAL
OF AND INTEREST ON ALL NOTES ISSUED HEREUNDER, NOTWITHSTANDING ANY
CLAIMS WHICH THE BORROWER MAY NOW OR HEREAFTER HAVE AGAINST ANY SUPPLIER
OF THE DEFENSE ITEMS, DOD, THE LENDER, OR ANY OTHER PERSONS OR ENTITY IN
CONNECTION WITH ANY OTHER TRANSACTION, FOR ANY REASON WHATSOEVER.
9. UPON THE OCCURRENCE OF ANY OF THE FOLLOWING EVENTS OF DEFAULT:
(A) IF THE BORROWER FAILS FOR A PERIOD OF TEN (10) DAYS TO MAKE ANY
PAYMENT OF PRINCIPAL OF, OR INTEREST ON, ANY NOTE WHEN DUE;
(B) IF ANY REPRESENTATION OR WARRANTY MADE BY THE BORROWER HEREIN OR
ANY CERTIFICATE FURNISHED B THE BORROWER PURSUANT HERETO PROVES TO BE AT
ANY TIME INCORRECT IN MATERIAL RESPECT; OR
(C) IF THE BORROWER DEFAULTS IN THE PERFORMANCE OF ANY OTHER TERM,
COVENANT OR UNDERTAKING CONTAINED IN THIS CREDIT AGREEMENT, AND SUCH
DEFAULT SHALL CONTINUE UNREMEDIED FOR 30 DAYS AFTER WRITTEN NOTIFICATION
THEREOF SHALL HAVE BEEN GIVEN TO THE BORROWER BY THE LENDER;
THEN, AND IN ANY SUCH EVENT, THE HOLDER OF ANY NOTE MAY DECLARE
IMMEDIATELY DUE AND PAYABLE THE UNPAID PRINCIPAL OF, AND ACCRUED
INTEREST ON, ANY OR ALL NOTES HELD BY SUCH HOLDER AND SUCH AMOUNTS SHALL
BECOME IMMEDIATELY DUE AND PAYABLE WITHOUT PROTEST, PRESENTMENT, NOTICE
OR OTHER DEMAND OF AN KIND, ALL OF WHICH ARE HEREBY EXPRESSLY WAIVED BY
THE BORROWER, AND THE LENDER MAY TERMINATE ITS COMMITMENT HEREUNDER.
10. ALL COMMUNICATIONS AND OTHER DOCUMENTS REQUIRED OR PERMITTED
HEREUNDER, UNLESS SUBMITTED IN THE ENGLISH LANGUAGE, SHALL BE
ACCOMPANIED BY ONE ENGLISH TRANSLATION FOR EACH COPY OF SUCH DOCUMENTS
TO BE FURNISHED AND, IN THE EVENT OF CONFLICT, THE ENGLISH VERSION SHALL
GOVERN. EXCEPT AS OTHERWISE PROVIDED HEREIN, ALL NOTICES, REQUESTS OR
DEMANDS HEREUNDER SHALL BE DEEMED TO HAVE BEEN GIVEN OR MADE UPON THE
MAILING OF THE SAME, POSTAGE PREPAID, OR IN THE CASE OF TELEGRAPHIC
NOTICE, ON DELIVERY TO THE TELEGRAPHIC COMPANY, ADDRESSED IN THE CASE OF
THE BORROWER, TO _________ AND IN THE CASE OF THE LENDER TO THE
DIRECTOR, DEFENSE SECURITY ASSISTANCE AGENCY, THE PENTAGON, WASHINGTON,
D.C. 20301.
11. THIS AGREEMENT MAY BE EXECUTED IN ANY NUMBER OF COUNTERPARTS AND
BY THE PARTIES HERETO ON SEPARATE COUNTERPARTS, EACH OF WHICH SHALL BE
DEEMED AN ORIGINAL BUT ALL SUCH COUNTERPARTS TO CONSTITUTE ONE AND THE
SAME INSTRUMENT.
12. ANNEXES A THROUGH C ATTACHED HERETO ARE, BY THIS REFERENCE, MADE
A PART OF THIS AGREEMENT.
IN WITNESS WHEREOF, THE PARTIES HERETO HAVE DULY EXECUTED THIS
AGREEMENT THE 29TH DAY OF MARCH - 1974.
GOVERNMENT OF BRAZIL
SIGNED
BY (NAME TYPED)
AMBASSADOR OF BRAZIL
GOVERNMENT OF THE
UNITED STATES OF AMERICA
SIGNED
BY RAY PEET
VICE ADMIRAL, USN
DIRECTOR, DEFENSE SECURITY ASSISTANCE
ANNEX A
AND
ANNEX A2
PAYMENT PROCEDURES
THE FOLLOWING PROCEDURES AND CONDITIONS SHALL BE ADHERED TO PRIOR TO
EACH DISBURSEMENT TO BE MADE BY THE GOVERNMENT OF THE UNITED STATES FOR
THE ACCOUNT OF THE GOVERNMENT OF __________.
1. THE SUPPLIER SHALL PREPARE AND SUBMIT TO THE DESIGNATED
REPRESENTATIVES OF THE GOVERNMENT OF __________ IN WASHINGTON, D.C.
INVOICES ON U.S. STANDARD FORM 1034 IN SUFFICIENT NUMBER OF COPIES T
PERMIT THE FORWARDING OF FOUR COPIES TO THE DISBURSING OFFICER
DESIGNATED IN PARAGRAPH 5 BELOW.
2. THE SUPPLIER SHALL INSURE THAT EACH INVOICE IS IN ACCORDANCE WITH
RELEVANT PROVISIONS OF ITS PURCHASE ARRANGEMENT WITH THE GOVERNMENT OF
__________.
3. THE SUPPLIER SHALL ATTACH TO EACH INVOICE A STATEMENT THAT
AUTHORIZED REPRESENTATIVES OF THE GOVERNMENT OF THE UNITED STATES SHALL,
UNTIL THE EXPIRATION OF THREE YEARS AFTER FINAL PAYMENT HEREUNDER, HAVE
ACCESS TO AND THE RIGHT TO EXAMINE ANY DIRECTLY RELATED PERTINENT BOOKS,
DOCUMENTS, PAPERS AND RECORDS OF THE SUPPLIER INVOLVING TRANSACTIONS
RELATING TO THE AFORESAID PURCHASE ARRANGEMENT.
4. TO THE EXTENT THAT ANY INVOICE REQUESTS PAYMENT OF ADVANCES, AS
DISTINGUISHED FROM PAYMENT FO DELIVERY OF DEFENSE ITEMS OR REIMBURSEMENT
IN THE FORM OF PROGRESS PAYMENTS FOR WORK OR SERVICES PERFORMED, THE
SUPPLIER SHALL ATTACH TO THE INVOICE A STATEMENT SETTING FORTH THE
UNDERTAKING OF TH SUPPLIER THAT THE FULL AMOUNT OF THE ADVANCE WILL BE
MAINTAINED BY THE SUPPLIER IN A SEGREGATED ACCOUNT WHICH WILL BE APPLIED
SOLELY TO THE PERFORMANCE OF THE SUPPLIER'S OBLIGATIONS UNDER THE
PURCHASE ARRANGEMENT.
5. THE DESIGNATED REPRESENTATIVE OF THE GOVERNMENT OF __________ IN
WASHINGTON, D.C. SHALL FORWARD SUCH INVOICES TO THE COMPTROLLER, DEFENSE
SECURITY ASSISTANCE AGENCY, THE PENTAGON, WASHINGTON, D.C. 20301.
6. EACH INVOICE SHALL BE ACCOMPANIED BY A CERTIFICATION OF THE
GOVERNMENT OF __________ AS FOLLOWS:
THE GOVERNMENT OF __________ CONFIRMS (THAT THE DEFENSE ITEMS SET
FORTH HEREIN HAVE BEEN SATISFACTORILY RECEIVED BY OR FOR THE GOVERNMENT
OF __________) (THAT THE WORK OR SERVICES FOR WHIC PROGRESS PAYMENTS ARE
REQUESTED HAVE BEEN SATISFACTORILY RENDERED) (THAT PAYMENT IS OTHERWISE
DUE) UNDER ITS PURCHASE ARRANGEMENT OF __________ FOR THE PURCHASE OF
DEFENSE ITEMS FROM SUPPLIER, AND CERTIFIES THAT THE BILL IS CORRECT AND
JUST AND THAT PAYMENT THEREFOR HAS NOT BEEN MADE. PAYMENT O THIS
INVOICE IS REQUESTED BY THE MINISTRY OF DEFENSE OF THE GOVERNMENT OF
__________ PURSUANT TO TH TERMS OF THE CREDIT AGREEMENT OF __________
BETWEEN THE __________ OF THE GOVERNMENT OF __________ AND THE
GOVERNMENT OF THE UNITED STATES OF AMERICA. THE GOVERNMENT OF
__________ CONFIRMS THAT SAI PURCHASE ARRANGEMENT IS ONE OF THE PURCHASE
ARRANGEMENTS AUTHORIZED BY THE DEPARTMENT OF DEFENSE OF THE UNITED
STATES OF AMERICA PURSUANT TO THE AFORESAID CREDIT AGREEMENT OF
__________ AND FURTHER CONFIRMS THAT THE CUMULATIVE TOTAL OF THIS
INVOICE AND INVOICES PREVIOUSLY PAID BY THE GOVERNMENT O THE UNITED
STATES AGAINST SAID PURCHASE ARRANGEMENT DOES NOT EXCEED THE AGGREGATE
CREDIT CEILING ESTABLISHED BY THE GOVERNMENT OF THE UNITED STATES FOR
THE SAID PURCHASE ARRANGEMENT.
BY (NAME TYPED)
(TITLE)
ANNEX B
AND
ANNEX B2
PROMISSORY NOTE
U.S. $ __________, WASHINGTON, D.C.
FOR VALUE RECEIVED, THE UNDERSIGNED, THE GOVERNMENT OF __________
(HEREIN CALLED "__________"), HEREBY PROMISES TO PAY TO THE ORDER OF THE
GOVERNMENT OF THE UNITED STATES OF AMERICA (HEREIN CALLE "UNITED
STATES") THE PRINCIPAL SUM OF __________ UNITED STATES DOLLARS (U.S.
$__________) AS FOLLOWS:
TOGETHER WITH INTEREST ON ANY AND ALL AMOUNTS REMAINING UNPAID
HEREUNDER FROM TIME TO TIME FROM THE DATE HEREOF UNTIL THIS NOTE SHALL
BE PAID IN FULL, PAYABLE SEMIANNUALLY ON __________ AND __________ OF
EACH YEAR FROM DATE HEREOF AT THE RATE OF _____ PERCENT PER ANNUM
(_____%) USING A 36 DAY FACTOR, BOTH PRINCIPAL AND INTEREST TO BE
PAYABLE IN LAWFUL MONEY OF THE UNITED STATES OF AMERICA TO THE
COMPTROLLER, DEFENSE SECURITY ASSISTANCE AGENCY, ATTN: FINANCE &
ACCOUNTING DIVISION, THE PENTAGON, WASHINGTON, D.C. 20301. ALL PAYMENTS
MADE ON ACCOUNT OF THE PRINCIPAL AMOUNT REMAINING UNPAID HEREUNDER SHALL
BE ENDORSED BY THE HOLDER ON THE REVERSE SIDE OF THIS NOTE.
WHENEVER ANY PAYMENT TO BE MADE SHALL BE DUE ON A SATURDAY, SUNDAY,
OR A PUBLIC HOLIDAY UNDER THE LAWS OF THE GOVERNMENT OF THE UNITED
STATES, SUCH PAYMENT MAY BE MADE ON THE NEXT SUCCEEDING BUSINESS DAY,
AND SUCH EXTENSION OF TIME SHALL IN SUCH CASE BE INCLUDED IN COMPUTING
INTEREST IN CONNECTION WITH SUCH PAYMENT BUT EXCLUDED FROM THE NEXT
INTEREST PERIOD.
THIS NOTE MAY BE PREPAID ON ANY INTEREST PAYMENT DATE. PREPAYMENTS
SHALL BE APPLIED TO THE INSTALLMENTS HEREOF IN THE REVERSE ORDER OF
THEIR MATURITY. ALL PAYMENTS OF PRINCIPAL AND INTEREST ON THIS NOTE ARE
PAYABLE IN LAWFUL MONEY OF THE UNITED STATES OF AMERICA AND IN
IMMEDIATELY AVAILABLE FUNDS, FREE AND CLEAR OF, AND WITHOUT DEDUCTION
FOR, ANY TAXES, LEVIES, IMPOSTS, DEDUCTIONS, AND WITHHOLDINGS WHATSOEVER
NOW OR HEREAFTER IMPOSED, LEVIED, COLLECTED OR ASSESSED WIT RESPECT
THERETO BY ANY CENTRAL OR LOCAL AUTHORITY OF __________ AND SHALL BE
PAID FREE FROM ALL RESTRICTIONS OF ANY CENTRAL OR LOCAL AUTHORITY OF
__________.
THE GOVERNMENT OF __________ AGREES TO PAY ALL OUT-OF-POCKET COSTS
AND EXPENSES IN CONNECTION WIT COLLECTION AFTER DEFAULT OF THIS NOTE
(INCLUDING THE REASONABLE FEES AND OUT-OF-POCKET EXPENSES OF COUNSEL) AS
WELL AS ALL STAMP AND SIMILAR TAXES, IF ANY, NOW OR HEREAFTER IN EFFECT,
AND TO SAVE TH HOLDER OF THE NOTE HARMLESS FROM ANY AND ALL LIABILITIES
WITH RESPECT TO OR RESULTING FROM ANY DELA OR OMISSION TO PAY SUCH
TAXES.
GOVERNMENT OF
__________
BY (NAME TYPED)
(TITLE)
ANNEX C
PRINCIPAL REPAYMENT SCHEDULE
THE FIRST $ 500,000.00 OF DISBURSEMENTS ARE REPAYABLE ON 31 MAY 1975
THE NEXT $ 500,000.00 OF DISBURSEMENTS ARE REPAYABLE ON 31 MAY 1976
THE NEXT $2,000,000.00 OF DISBURSEMENTS ARE REPAYABLE ON 31 MAY 1977
THE NEXT $2,000,000.00 OF DISBURSEMENTS ARE REPAYABLE ON 31 MAY 1978
THE NEXT $2,000,000.00 OF DISBURSEMENTS ARE REPAYABLE ON 31 MAY 1979
THE NEXT $3,000,000.00 OF DISBURSEMENTS ARE REPAYABLE ON 31 MAY 1980
THE NEXT $5,000,000.00 OF DISBURSEMENTS ARE REPAYABLE ON 31 MAY 1981
THE NEXT $5,000,000.00 OF DISBURSEMENTS ARE REPAYABLE ON 31 MAY 1982
PURCHASE ARRANGEMENT AUTHORIZATION
DEAR __________
IN IMPLEMENTATION OF PARAGRAPH 2 OF THE CREDIT AGREEMENT BETWEEN THE
MINISTRY OF DEFENSE OF THE GOVERNMENT OF __________ AND THE DEPARTMENT
OF DEFENSE OF THE GOVERNMENT OF THE UNITED STATES, ENTERED INTO ON
__________, AND IN RESPONSE TO YOUR REQUEST OF __________, THE
GOVERNMENT OF __________ IS HEREBY AUTHORIZED TO ENTER INTO A PURCHASE
ARRANGEMENT WITH THE BELOW DESIGNATED SUPPLIERS FOR THE PURCHASE OF THE
FOLLOWING DEFENSE ARTICLES AND DEFENSE SERVICES AND THE AMOUNT OF CREDIT
AUTHORIZED FOR SUCH PURCHASE ARRANGEMENT:
ITEMS SUPPLIER AMOUNT
DEFENSE SECURITY ASSISTANCE AGENCY
AND
DEPUTY ASSISTANT SECRETARY (SECURITY ASSISTANCE) OASD/ISA
WASHINGTON, D.C. 20301
IN REPLY REFER TO:
I-2265/74
THE HONORABLE JOAO AUGUSTO DE ARAUJO CASTRO
AMBASSADOR OF BRAZIL
WASHINGTON, D.C. 20008
DEAR MR. AMBASSADOR:
PURSUANT TO THE MEMORANDUM OF UNDERSTANDING RELATIVE TO THE
ACQUISITION OF AIRCRAFT WHICH WAS SIGNED BY OUR TWO GOVERNMENTS ON
SEPTEMBER 24, 1973, THE UNITED STATES GOVERNMENT PROPOSES TO FULFILL ITS
OBLIGATION TO PROVIDE $40 MILLION IN CREDIT FUNDS DURING USG FY 1974 IN
ACCORDANCE WITH THE TERMS OF THIS LETTER AGREEMENT:
1. THE $40 MILLION OF FINANCING WILL BE OBTAINED FROM THREE SEPARATE
LOANS: (A) THE $15 MILLIO LOAN WHICH WAS SIGNED WITH THE
CONTINENTAL-ILLINOIS NATIONAL BANK AND TRUST COMPANY (C-I) ON OCTOBE 30,
1973; (B) A $20 MILLION DIRECT FMS LOAND FROM DOD, WHICH CAN BE SIGNED
IN MARCH 1974; AND (C) A $5 MILLION LOAN GUARANTEED BY THE USG, WHICH
IS TO BE OBTAINED DURING THE NEXT THREE MONTHS FROM SOME PRIVATE LENDER.
2. INTEREST TO BE PAID ON THE $20 MILLION DIRECT FMS LOAN FROM THE
DOD WILL BE SUCH THAT THE AVERAGE INTEREST RATE (HEREINAFTER CALLED
"AIR") FOR THE ENTIRE FINANCING OF $40 MILLION WILL BE 7% PER ANNUM ON
THE DAILY BALANCE OUTSTANDING. THIS INTEREST RATE OF 7% WILL BE VALID
THROUGH MARCH 1974. IF THIS PROPOSAL SHOULD BE AGREED AFTER MARCH 31ST,
THE INTEREST RATE WILL CHANGE TO BE EQUA TO THE PREVAILING COST OF MONEY
TO THE USG IN THE MONTH IN WHICH THIS LETTER AGREEMENT IS CONCLUDED
IN ORDER TO ASSURE THAT THE GOVERNMENT OF BRAZIL DOES NOT PAY MORE
THAN THE AIR AGREED UPON, INTEREST PAYMENT DATES FOR ALL THREE LOANS
WILL BE IDENTICAL BEGINNING WITH NOVEMBER 30, 1974. INTEREST UNDER THE
THREE LOAN AGREEMENTS SHALL BE COMPUTED AS FOLLOWS: FOR EACH SCHEDULED
PAYMENT OF INTEREST, INTEREST WILL BE COMPUTED BY APPLYING THE AIR ON A
365 DAY BASIS TO THE AGGREGATE UNPAID PRICIPAL OF ALL THREE LOANS. THE
GOB WILL NEXT COMPUTE AND PAY THE AMOUNT OF INTEREST PAYABLE TO EACH OF
THE TWO PRIVATE LENDERS AT THE PER ANNUM RATE SET FORTH IN THE LOAN
AGREEMENTS O THE BALANCE OF THE UNPAID PRINCIPAL OWED TO THE TWO PRIVATE
LENDERS. AFTER INTEREST DUE TO BOTH PRIVATE LENDERS HAS BEEN PAID, THE
GOB SHALL PAY TO THE DOD AS INTEREST DUE ON THE DIRECT FMS LOAN THE
DIFFERENCE BETWEEN THE AGGREGATE INTEREST AMOUNT COMPUTED BY APPLYING
THE AIR AND THE SUM OF TH INTEREST AMOUNTS PAID TO THE PRIVATE LENDERS.
IT IS NOTED THAT THE FIRST INTEREST PAYMENT TO THE C-I SHOULD HAVE
ALREADY BEEN MADE IN AN AMOUNT GREATER THAN THAT PROPOSED ABOVE. IT IS
ALSO POSSIBLE THAT THE MAY 31, 1974 INTEREST PAYMENT TO TH SAME LENDER
COULD ALSO BE IN AN AMOUNT GREATER THAN PROPOSED. THIS RESULTS FROM THE
FACT THAT THER HAVE BEEN NO DOD LOAN DISBURSEMENTS OUTSTANDING FOR WHICH
INTEREST WOULD BE ACCRUING AND WHICH AMOUNTS COULD BE USED TO FUND THE
DIFFERENCE BETWEEN INTEREST COMPUTED ON THE C-I LOAN AT 8.25% PER ANNUM
AND THAT COMPUTED UTILIZING THE AIR AS PROPOSED. IN EITHER CASE, THE
GOB WILL PAY INTEREST DUE TO THE C-I UNDER THE TERMS OF ITS LOAN
AGREEMENT, AND SUBSEQUENTLY DEDUCT THE AMOUNT IN EXCESS OF WHAT IT
SHOULD HAVE PAID, UTILIZING THE AIR INSTEAD OF 8.25% PER ANNUM, FROM
INTEREST PAYABLE DU TO THE DOD AT THE NEXT INTEREST DUE DATE.
AFTER THE $20 MILLION DOD DIRECT LOAN AGREEMENT IS SIGNED, IT WILL BE
UTILIZED TO THE MAXIMUM EXTENT POSSIBLE BEFORE THERE IS ANY FURTHER USE
OF THE C-I LOAN. HOWEVER, THE UNUTILIZED BALANCE O THE C-I LOAN MAY BE
FULLY DRAWN DOWN DURING THE MONTH OF JUNE 1974. USE OF THE $5 MILLION
PRIVATE LOAN YET TO BE SIGNED WILL BE LAST.
SEPARATE AND ASIDE FROM AGREED INTEREST PAYMENTS, THE GOB WILL MAKE
PRINCIPAL PAYMENTS, GUARANTY AND COMMITMENT FEE PAYMENTS AS REQUIRED BY
THE RESPECTIVE LOAN AGREEMENT.
IF THE ABOVE IS AGREEABLE, KINDLY INDICATE ACCEPTANCE OF THE PROPOSAL
BY YOUR GOVERNMENT, BY SIGNING THIS LETTER AGREEMENT IN THE SPACE
INDICATED BELOW AND RETURN ONE SIGNED COPY TO THIS OFFICE.
FOR THE GOVERNMENT OF BRAZIL
SIGNED
AMBASSADOR
FOR THE GOVERNMENT OF THE
UNITED STATES OF AMERICA
SIGNED
RAY PEET
VICE ADMIRAL, USN
DIRECTOR
DEFENSE SECURITY ASSISTANCE AGENCY
BRAZIL 30 AUG 1973 FLITE DOCUMENT NO. 7502401
MEMORANDUM OF UNDERSTANDING
ON-LINE CRYPTOGRAPHIC EQUIPMENT AND RELATED MATERIAL FOR USE ON THE
TELETYPEWRITER SYSTEM OF THE IANTN.
MEMORANDUM OF UNDERSTANDING BETWEEN THE CHIEF OF NAVAL OPERATIONS FOR
THE UNITED STATES NAVY AND THE CHIEF OF THE NAVAL GENERAL STAFF FOR THE
BRAZILIAN NAVY
IN ORDER TO PROMOTE THE SECURITY OF WESTERN HEMISPHERE AND THE
VOLUNTARY COOPERATION AND UNDERSTANDING BETWEEN THE VARIOUS NAVIES
PARTICIPATING IN THE INTER-AMERICAN NAVAL TELECOMMUNICATIO NETWORK
(HEREINAFTER REFERRED TO AS THE "IANTN") AND IN ORDER TO IMPROVE THE
SECURITY OF THE SAID NETWORK, THE UNITED STATES NAVY WILL PROVIDE TO
PARTICIPATING NAVIES ON-LINE CRYPTOGRAPHIC EQUIPMEN AND RELATED MATERIAL
FOR USE ON THE TELETYPEWRITER SYSTEM OF THE IANTN.
NOW THEREFORE, THE PARTIES AGREE AS FOLLOWS:
1. TITLE. THE TITLE TO THE EQUIPMENT SHALL REMAIN WITH THE UNITED
STATES NAVY. EXCEPT AS MAY B OTHERWISE AUTHORIZED BY THE UNITED STATES
NAVY AND EXCEPT DURING TRANSFER FROM THE UNITED STATES AN RETURN TO THE
PLACE OF REDELIVERY, THE BRAZILIAN NAVY SHALL KEEP THE EQUIPMENT IN ITS
OWN POSSESSION, CUSTODY AND CONTROL.
2. SECURITY. THE BRAZILIAN NAVY SHALL ADEQUATELY PROTECT ANY
CRYPTOGRAPHIC EQUIPMENT, CRYPTOGRAPHIC MATERIALS, CLASSIFIED INFORMATION
AND MATERIALS PROVIDED IN ACCORDANCE WITH THIS UNDERSTANDING. MANDATORY
SECURITY REQUIREMENTS TO BE MAINTAINED BY THE BRAZILIAN NAVY ARE
ATTACHED TO THIS UNDERSTANDING. THESE SAME SECURITY REQUIREMENTS WILL
BE CONTAINED IN THE OPERATING AND MAINTENANCE MANUALS TO BE PROVIDED BY
THE UNITED STATES NAVY UPON DELIVERY OF THE CRYPTO EQUIPMENT. THE
UNITED STATES NAVY WILL ALSO PROVIDE A SEPARATE PUBLICATION CONTAINING
RECOMMENDED, BUT NOT MANDATORY, SECURITY GUIDELINES FOR SAFEGUARDING
CRYPTO MATERIALS.
3. OPERATION AND USE. THE BRAZILIAN NAVY SHALL OPERATE THE
EQUIPMENT IN ACCORDANCE WITH OPERATING INSTRUCTIONS AND TRAINING TO BE
PROVIDED BY THE UNITED STATES NAVY. THE EQUIPMENT SHALL BE USED ONLY TO
COMMUNICATE WITH THE UNITED STATES NAVAL COMMUNICATIONS STATION, BALBOA,
CANAL ZONE (HEREINAFTER REFERRED TO AS "NAVCOMMSTA BALBOA") ON THE
IANTN.
4. MAINTENANCE. EXCEPT AS SPECIFICALLY AUTHORIZED BY THE
MAINTENANCE INSTRUCTIONS TO BE PROVIDE BY THE UNITED STATES NAVY, ALL
MAINTENANCE WILL BE THE RESPONSIBILITY OF THE UNITED STATES NAVY.
5. ALTERATIONS. THE BRAZILIAN NAVY SHALL NOT MAKE ANY ALTERATIONS
OR ADDITIONS TO THE EQUIPMENT AND MATERIAL PROVIDED IN ACCORDANCE WITH
THIS UNDERSTANDING WITHOUT PRIOR CONSENT OF THE UNITED STATES NAVY. ALL
SUCH ALTERATIONS OR ADDITIONS SHALL BECOME THE PROPERTY OF THE UNITED
STATES NAVY EXCEPT ITEMS WHICH CAN BE READILY REMOVED WITHOUT INJURY TO
THE BASIC EQUIPMENT AND ARE REMOVED PRIOR TO REDELIVERY OF THE
EQUIPMENT. AS A CONDITION OF ITS APPROVAL OF ANY ALTERATION OR ADDITION
THE UNITED STATES NAVY MAY REQUIRE THE BRAZILIAN NAVY TO RESTORE THE
EQUIPMENT TO ITS PRIOR CONDITION.
6. RISK OR LOSS. ALL RISK OF LOSS OF OR DAMAGE TO THE EQUIPMENT
DURING THE TERM OF THIS UNDERSTANDING AND UNTIL ITS RETURN TO THE PLACE
OF REDELIVERY, NOT ARISING OUT OF ENEMY ACTION, SHALL BE BORNE BY THE
BRAZILIAN NAVY. IN THE EVENT OF SUCH LOSS OR DAMAGE, THE BRAZILIAN NAVY
SHAL COMPENSATE THE UNITED STATES NAVY THEREFOR.
7. INDEMNIFICATION. THE BRAZILIAN NAVY RENOUNCES ALL CLAIMS AGAINST
THE UNITED STATES GOVERNMENT, ITS OFFICERS, AGENTS, AND EMPLOYEES
ARISING OUT OF OR INCIDENTAL TO TRANSFER, POSSESSION, USE OR OPERATION
OF THE EQUIPMENT AND WILL INDEMNIFY AND HOLD HARMLESS THE UNITED STATE
GOVERNMENT, ITS OFFICERS, AGENTS, AND EMPLOYEES FOR ANY SUCH CLAIMS OF
THIRD PARTIES. LIKEWISE, EXCEPT AS PROVIDED FOR ELSEWHERE IN THIS
UNDERSTANDING THE UNITED STATES NAVY RENOUNCES ALL CLAIMS AGAINST THE
BRAZILIAN GOVERNMENT, ITS OFFICERS, AGENTS, AND EMPLOYEES ARISING OUT OF
OR INCIDENTAL TO TRANSFER, POSSESSION, USE OR OPERATION OF THE EQUIPMENT
AND WILL HOLD HARMLESS THE BRAZILIAN GOVERNMENT, ITS OFFICERS, AGENTS,
AND EMPLOYEES FOR ANY SUCH CLAIMS OF THIRD PARTIES.
8. INSTALLATION, INSPECTION AND INVENTORY. THE BRAZILIAN NAVY SHALL
AUTHORIZE DESIGNATED U.S. NAVY PERSONNEL, MILITARY OR CIVILIAN, TO
INSTALL, OR SUPERVISE THE INSTALLATION OF, THE EQUIPMENT AND TO PERFORM
MAINTENANCE CHECKS PERIODICALLY OR APERIODICALLY AFTER INSTALLATION.
IMMEDIATELY AFTER THE INSTALLATION AND DELIVERY OF THE EQUIPMENT TO THE
BRAZILIAN NAVY, AN INSPECTION OF THE PHYSICAL CONDITION OF THE EQUIPMENT
AND AN INVENTORY OF ALL RELATED ITEMS SHALL BE MADE BY REPRESENTATIVES
OF THE BRAZILIAN NAVY AND THE UNITED STATES NAVY. A JOINT REPORT OF
THEIR FINDINGS SHALL BE MADE WHICH SHALL BE CONCLUSIVE EVIDENCE AS TO
THE PHYSICAL CONDITION OF SAID EQUIPMENT AND AS TO SUCH ITEMS AS OF THE
TIME OF DELIVERY. A SIMILAR INSPECTION, INVENTORY AND JOINT REPORT SHAL
BE MADE BY THE PARTIES UPON THE TERMINATION OR EXPIRATION OF THIS
UNDERSTANDING. THE FINDINGS OF THAT REPORT SHALL BE CONCLUSIVE EVIDENCE
AS TO THE PHYSICAL CONDITION OF THE EQUIPMENT AND AS TO SUCH ITEMS AS OF
THE DATE OF TERMINATION OR EXPIRATION OF THIS UNDERSTANDING. THE
BRAZILIAN NAVY SHALL PROMPTLY COMPENSATE FOR ANY DEFICIENCY IN SUCH ITEM
SHOWN BY THE TERMINAL INVENTORY AND MAY REMOVE ANY EXCESS THEREOF BUT IN
THE ABSENCE OF REMOVAL, TITLE TO ANY SUCH EXCESS SHALL VEST IN THE
UNITED STATES NAVY.
9. REPORTS AND NOTIFICATIONS. THE COMMANDING OFFICER, BRAZILIAN
NAVAL RADIO STATION RIO DE JANEIRO (ERMRJ) SHALL NOTIFY BY MESSAGE THE
COMMANDING OFFICER, NAVCOMMSTA BALBOA OF:
A. ALL MAINTENANCE WHICH THE BRAZILIAN NAVY PERFORMS ON THE
CRYPTOGRAPHIC EQUIPMENT PROVIDED IN ACCORDANCE WITH THIS UNDERSTANDING.
B. ALL REQUIRED MAINTENANCE BEYOND THAT WHICH THE BRAZILIAN NAVY IS
AUTHORIZED TO PERFORM.
C. ANY SECURITY VIOLATIONS INVOLVING MATERIAL PROVIDED IN ACCORDANCE
WITH THIS UNDERSTANDING, INCLUDING KNOWN OR SUSPECTED COMPROMISE OF THE
CRYPTOGRAPHIC EQUIPMENT, OPERATING AND MAINTENANCE INSTRUCTIONS,
KEYLISTS OR KEYLIST EXTRACTS WHETHER THROUGH LOSS, THEFT, CAPTURE,
SALVAGE, UNAUTHORIZED VIEWING OR BY ANY OTHER MEANS. THE COMMANDING
OFFICER, NAVCOMMSTA BALBOA SHALL SIMILARLY NOTIFY BY MESSAGE THE
COMMANDING OFFICER, ERMRJ OF ANY SECURITY VIOLATIONS INVOLVING MATERIAL
PROVIDED IN ACCORDANCE WITH THIS UNDERSTANDING, INCLUDING KNOWN OR
SUSPECTED COMPROMISE OF THE CRYPTOGRAPHIC EQUIPMENT, OPERATING AND
MAINTENANCE INSTRUCTIONS, KEYLISTS OR KEYLIST EXTRACTS WHETHER THROUGH
LOSS, THEFT, CAPTURE, SALVAGE, UNAUTHORIZED VIEWING OR BY ANY OTHER
MEANS.
10. EXCHANGE OF DEFECTIVE EQUIPMENT. UPON NOTIFICATION REQUIRED BY
ARTICLE 9.B. ABOVE, THE COMMANDING OFFICER, NAVCOMMSTA BALBOA SHALL
REPLACE THE MALFUNCTIONING EQUIPMENT AS EXPEDITIOUSLY A POSSIBLE. THE
COMMANDING OFFICER, ERMRJ NAVY SHALL PREPARE THE MALFUNCTIONING
EQUIPMENT FOR PICKUP OR DELIVERY AS SPECIFIED BY THE COMMANDING OFFICER,
NAVCOMMSTA BALBOA.
11. EFFECTIVE DATE. THIS UNDERSTANDING IS EFFECTIVE FOR A TERM OF
ONE YEAR FROM THE DATE OF INSTALLATION AND DELIVERY OF THE EQUIPMENT TO
THE BRAZILIAN NAVY AND SHALL BE AUTOMATICALLY RENEWED FOR ADDITIONAL
TERMS, NOT TO EXCEED ONE YEAR EACH, UNLESS OBJECTED TO OR TERMINATED BY
EITHER OF TH PARTIES HERETO.
12. TERMINATION. THIS UNDERSTANDING MAY BE TERMINATED:
A. BY MUTUAL AGREEMENT OF THE PARTIES;
B. BY THE BRAZILIAN NAVY UPON WRITTEN NOTICE TO THE UNITED STATES
NAVY;
C. BY THE UNITED STATES NAVY UPON WRITTEN NOTICE TO THE BRAZILIAN
NAVY.
13. DELIVERY AND REDELIVERY. INSTALLATION AND DELIVERY OF THE
CRYPTOGRAPHIC EQUIPMENT TO THE BRAZILIAN NAVY SHALL BE AT SUCH TIME AND
PLACE AS MAY BE MUTUALLY AGREED UPON. SUCH DELIVERY SHALL BE EVIDENCED
BY A CERTIFICATION OF DELIVERY. UPON EXPIRATION OR TERMINATION OF THIS
UNDERSTANDING, THE EQUIPMENT SHALL BE RETURNED AT A PLACE AND TIME TO BE
MUTUALLY AGREED UPON.
14. TRANSFER, INSTALLATION, REMOVAL AND OPERATING COSTS. THE UNITED
STATES NAVY SHALL BEAR THE COST OF TRANSFERRING THE EQUIPMENT FROM THE
UNITED STATES AND BACK TO THE PLACE OF REDELIVERY. THE BRAZILIAN NAVY
SHALL BEAR THE COST OF PREPARING ITS FACILITY FOR INSTALLATION OR
REMOVAL OF THE EQUIPMENT EXCEPT THAT THE UNITED STATES SHALL BEAR THE
COST OF THE EQUIPMENT, RELATED ANCILLARY MATERIAL AND THE INSTALLATION
OR SUPERVISION OF THE INSTALLATION, OR REMOVAL OR SUPERVISION OF THE
REMOVAL THEREOF. IF INSTALLATION OR REMOVAL OF THE EQUIPMENT AND/OR ITS
ANCILLARY MATERIAL IS PERFORMED BY THE BRAZILIAN NAVY UNDER SUPERVISION
OF THE UNITED STATES NAVY, THEN SUCH COSTS AS INCURRED BY THE BRAZILIAN
NAVY SHALL BE BORNE BY THE BRAZILIAN NAVY. ALL OPERATING COSTS AND THE
COST OF ALL MAINTENANCE WHICH IT IS AUTHORIZED TO PERFORM SHALL BE BORNE
BY THE BRAZILIAN NAVY. AL OTHER MAINTENANCE COSTS SHALL BE BORNE BY THE
UNITED STATES NAVY.
IN WITNESS WHEREOF, EACH OF THE PARTIES HERETO HAS EXECUTED THIS
MEMORANDUM OF UNDERSTANDING IN BOTH ENGLISH AND PORTUGUESE VERSIONS,
EACH EQUALLY AUTHENTIC, AS OF THE 30 DAY OF AUGUST, 1973.
THE BRAZILIAN NAVY
BY SIGNED
THE UNITED STATES NAVY
BY SIGNED
ATTACHMENT TO MEMORANDUM OF UNDERSTANDING BETWEEN THE CHIEF OF NAVAL
OPERATIONS FOR THE UNITED STATES NAVY AND THE CHIEF OF THE NAVAL GENERAL
STAFF FOR THE BRAZILIAN NAVY
MANDATORY SECURITY REQUIREMENTS.
1. INFORMATION IN SECURE AREAS AND ON SECURE PROCESSING CIRCUITS
MUST BE PROTECTED AS IF IT IS O THE HIGHEST CLASSIFICATION FOR WHICH THE
AREA OR CIRCUIT IS DESIGNATED UNTIL SUCH TIME AS A LESSER CLASSIFICATION
MAY BE POSITIVELY ESTABLISHED.
2. THE DESIGNATION AND PROTECTION OF SECURE PROCESSING AREAS
(CENTERS) AND CIRCUITS SHALL BE IN ACCORDANCE WITH THE CRITERIA OF THE
BRAZILIAN NAVY AND THE FOLLOWING STANDARDS:
A. THE NORMAL OPERATING CONDITION OF A SPACE OR CIRCUIT CONTAINING OR
USED FOR PROCESSING CLASSIFIED INFORMATION IN PLAIN LANGUAGE FORM SHALL
BE USED AS THE BASIS FOR DETERMINING ITS LEVEL OF SECURITY SENSITIVITY
AND DEGREE OF ACCESS RESTRICTION, MOVEMENT CONTROL AND PROTECTION
REQUIRED.
B. ALL SECURE PROCESSING AREAS, ESPECIALLY THE ACCESS POINT TO THESE
AREAS, SHALL BE PLAINLY IDENTIFIED BY SIGNS WHICH READ "RESTRICTED -
UNAUTHORIZED PERSONNEL KEEP OUT" TO INDICATE THEIR RESTRICTED STATUS.
C. PERSONNEL WHO REQUIRE UNESCORTED ACCESS TO SECURITY AREAS MUST
HAVE SECURITY CLEARANCE FOR TH HIGHEST CLASSIFICATION OF INFORMATION
AVAILABLE THEREIN. AUTHORIZATION FOR SUCH ACCESS IS THE RESPONSIBILITY
OF THE COMMANDING OFFICER, OFFICER IN CHARGE, OR SIMILAR COMPETENT
AUTHORITY, AND MUST BE GIVEN IN WRITING, THAT IS, POSTED ON AN ACCESS
LIST OR OFFICIAL REGISTER. PERSONS WHO HAVE NOT BEEN CLEARED FOR ACCESS
TO CLASSIFIED INFORMATION MAY, WITH APPROPRIATE APPROVAL, VIEW, INSTALL
MAINTAIN, OR OTHERWISE WORK ON OR WITH SECURE PROCESSING CIRCUITS
PROVIDING SUCH PERSONS ARE CONTROLLED BY ESCORT, ATTENDANTS, OR OTHER
SECURITY MEASURES TO PRECLUDE THEIR GAINING ACCESS TO CLASSIFIED
INFORMATION OR INTERNALLY VIEWING CRYPTO EQUIPMENT.
D. OPERATING POSITION STANDARDS. EACH OPERATING POSITION SHALL BE
PROMINENTLY MARKED TO INDICAT ITS STATUS AND ANY RESTRICTIONS THAT MAY
BE IMPOSED THEREON, E.G., SECRET PROHIBITED, UNCLASSIFIED ONLY.
INSTALLATION AND DESIGN PRACTICES SHOULD ATTEMPT TO ACHIEVE ELECTRICAL
AND PHYSICAL PROTECTION BY SEPARATING UNCLASSIFIED AND CLASSIFIED
TERMINALS OPERATING IN THE SAME SPACE. AFTER EACH CHANGE IN CONNECTION
WITH TYPE OF OPERATION IT IS RECOMMENDED THAT THE OPERATING POSITION BE
RE-IDENTIFIED (REMARKED) ACCORDINGLY.
BOLIVIA 18 JUN 1974 FLITE DOCUMENT NO. 7502400
CREDIT AGREEMENT
PURCHASE ARRANGEMENTS BETWEEN THE GOVERNMENT OF BOLIVIA AND THE
GOVERNMENT OF THE UNITED STATES O AMERICA FOR THE PURCHASE OF DEFENSE
ARTICLES AND SERVICES
CREDIT AGREEMENT, MADE AND ENTERED INTO THE EIGHTEEN DAY OF JUNE,
1974, BETWEEN THE GOVERNMENT OF BOLIVIA, REPRESENTED BY ITS AMBASSADOR,
AND THE GOVERNMENT OF THE UNITED STATES OF AMERICA, REPRESENTED BY THE
DEPARTMENT OF DEFENSE OF THE UNITED STATES OF AMERICA.
WITNESSETH
WHEREAS, THE GOVERNMENT OF BOLIVIA (HEREINAFTER SOMETIMES REFERRED TO
AS THE "BORROWER") DESIRES TO ENTER INTO PURCHASE CONTRACTS (HEREINAFTER
REFERRED TO AS "PURCHASE ARRANGEMENTS") WITH THE MILITARY DEPARTMENTS
AND AGENCIES OF THE UNITED STATES DEPARTMENT OF DEFENSE (HEREINAFTER
REFERRED TO AS "DOD") AND/OR VARIOUS UNITED STATES COMMERCIAL SUPPLIERS
FOR THE PURCHASE OF DEFENSE ARTICLES AND SERVICES OF UNITED STATES
ORIGIN (HEREINAFTER COLLECTIVELY REFERRED TO AS "DEFENSE ITEMS"); AND
WHEREAS, THE BORROWER HAS REQUESTED THE GOVERNMENT OF THE UNITED
STATES OF AMERICA (HEREINAFTER SOMETIMES REFERRED TO AS THE "LENDER") TO
FINANCE PAYMENTS REQUIRED TO BE MADE BY THE BORROWER UNDE THE PURCHASE
ARRANGEMENTS; AND
WHEREAS, THE AFORESAID REQUESTED CREDIT WILL FACILITATE THE PURPOSES
OF THE UNITED STATES FOREIGN MILITARY SALES ACT, AS AMENDED;
NOW THEREFORE, IN CONSIDERATION OF THE PREMISE AND THE MUTUTAL
COVENANTS HEREINAFTER SET FORTH, AND IN IMPLEMENTATION OF, AND SUBJECT
TO THE PROVISIONS OF THE MUTUAL DEFENSE ASSISTANCE AGREEMENT BETWEEN THE
GOVERNMENT OF BOLIVIA AND THE GOVERNMENT OF THE UNITED STATES OF
AMERICA, DATED APRIL 22, 1958, THE PARTIES HERETO AGREE AS FOLLOWS:
1. SUBJECT TO THE TERMS AND CONDITIONS HEREOF, THE LENDER AGREES TO
MAKE LOANS TO THE BORROWER FROM TIME TO TIME IN AN AGGREGATE PRINCIPAL
AMOUNT UP TO BUT NOT EXCEEDING $ 4,000,000.00 (HEREINAFTER CALLED THE
"COMMITMENT").
2. THE AFORESAID COMMITMENT SHALL BE AVAILABLE ONLY TO FINANCE THE
PURCHASE OF DEFENSE ITEMS BY THE BORROWER PURSUANT TO PURCHASE
ARRANGEMENTS AUTHORIZED FOR SUCH FINANCING BY DOD WHICH ARE ENTERED INTO
BY THE BORROWER ON OR BEFORE 30 JUNE, 1976. EACH AUTHORIZATION FOR THE
BORROWER TO ENTER INTO A PURCHASE ARRANGEMENT IN IMPLEMENTATION OF THIS
CREDIT AGREEMENT SHALL BE SEPARATELY COMMUNICATED BY DOD IN WRITING TO
THE BORROWER, WHICH AUTHORIZATION SHALL SPECIFY THE DEFENSE ITEMS AND
THE AMOUNT OF CREDIT AUTHORIZED FOR THE PURCHASE ARRANGEMENT. THE
BORROWER SHALL INCORPORATE INTO EACH SUCH PURCHASE ARRANGEMENT WITH
COMMERICAL SUPPLIERS THE PROVISIONS OF ANNEX A HERETO AND ATTACH AS AN
EXHIBIT TO THE PURCHASE ARRANGEMENT A TRUE COPY OF THE APPLICABLE
AFORESAID AUTHORIZATION AND OF PARAGRAPH 9 OF THIS CREDIT AGREEMENT.
3. EACH LOAN HEREUNDER BY THE LENDER SHALL BE MADE IN ACCORDANCE
WITH THE FOLLOWING PROCEDURES:
(A) EACH LOAN SHALL BE MADE ON SUCH DATE (HEREINAFTER REFERRED TO AS
A "DISBURSEMENT DATE") AS MAY BE DESIGNATED BY THE BORROWER FROM TIME TO
TIME UPON TEN (10) DAYS WRITTEN NOTICE BY THE BORROWER TO THE LENDER.
(B) EACH NOTICE SHALL SPECIFY THE AMOUNT OF THE LOAN TO BE MADE BY
THE LENDER ON THE DISBURSEMEN DATE, AND SHALL SPECIFY THE SUPPLIER OR
SUPPLIERS (INCLUDING THE MILITARY DEPARTMENTS OR AGENCIES O DOD) TO WHOM
THE DISBURSEMENT IS TO BE REMITTED BY THE LENDER.
(C) EACH NOTICE SHALL BE PREPARED IN QUADRUPLICATE ON U.S. STANDARD
FORM 1034 AND SHALL BE SENT TO THE COMPTROLLER, DEFENSE SECURITY
ASSISTANCE AGENCY, THE PENTAGON, WASHINGTON, D.C. 20301.
(D) IN THE CASE OF DISBURSEMENTS REQUESTED TO BE MADE TO COMMERCIAL
SUPPLIERS, THE INVOICES SHAL BE PREPARED IN ACCORDANCE WITH THE
PROCEDURE SET FORTH IN ANNEX A HERETO.
(E) IN THE CASE OF DISBURSEMENTS REQUESTED TO BE MADE TO THE MILITARY
DEPARTMENTS AND AGENCIES O DOD, THE NOTICES SHALL HAVE ANNEXED THERETO
COPIES OF THE PAYMENT REQUEST RECEIVED BY THE BORROWER FROM SUCH
MILITARY DEPARTMENT OR AGENCY AGAINST WHICH DISBURSEMENT IS REQUESTED.
(F) WITH EACH NOTICE, THE BORROWER SHALL CONCURRENTLY TRANSMIT TO THE
LENDER AT THE ADDRESS SET FORTH IN SUBPARAGRAPH (C) ABOVE OF THIS
PARAGRAPH A PROMISSORY NOTE SUBSTANTIALLY IN THE FORM OF ANNEX B HERETO
(WITH THE BLANKS APPROPRIATELY FILLED IN) RECITING THE OBLIGATION OF THE
BORROWER TO REPAY THE AMOUNT OF SUCH LOAN WITH INTEREST THEREON AS
HEREINAFTER SET FORTH. (THE PROMISSORY NOTE HEREINABOVE REFERRED TO ARE
HEREINAFTER CALLED THE "NOTES" AND INDIVIDUALLY A "NOTE").
4.(A) ALL OCEAN TRANSPORTATION OF THE DEFENSE ARTICLES SHALL BE ON
VESSELS OF UNITED STATES REGISTRY. THE GOVERNMENT OF THE UNITED STATES
WILL GIVE SYMPATHETIC CONSIDERATION ON A CASE-BY-CAS BASIS TO REQUESTS
BY THE BORROWER JUSTIFYING SHIPMENT ON VESSELS OF THE REGISTRY OF THE
BORROWER. CONSIDERATION WILL BE GIVEN TO SECURITY REQUIREMENTS OF THE
BORROWER TO ASSURE SAFE ARRIVAL.
(B) THE BORROWER OR ITS COMMERCIAL SUPPLIERS SHALL BE RESPONSIBLE FOR
OBTAINING SUCH EXPORT LICENSES AS MAY BE NECESSARY FOR DEFENSE ITEMS
FINANCED HEREUNDER.
5. THIS AGREEMENT EVIDENCES THE LEGAL AND BINDING OBLIGATION OF THE
BORROWER TO MAKE REPAYMENTS TO THE LENDER FOR DISBURSEMENTS MADE BY THE
LENDER IN ACCORDANCE WITH THE TERMS HEREOF. THE LENDER MAY SELL OR
ASSIGN, IN WHOLE OR IN PART, ITS RIGHTS TO SAID REPAYMENTS AND MAY, WITH
RESPECT TO SUC SALE OR ASSIGNMENT, GUARANTEE PAYMENT OF THE SAME.
6.(A) THE BORROWER SHALL REPAY THE DISBURSEMENTS MADE BY THE LENDER
IN ACCORDANCE WITH THE PRINCIPAL REPAYMENT SCHEDULE SET FORTH IN ANNEX C
HERETO, AND SHALL PAY INTEREST SEMIANNUALLY ON 31 DECEMBER AND 30 JUNE
COMMENCING 31 DECEMBER 1974, AT THE RATE OF SEVEN AND SEVEN-EIGHTS
PERCENT (7 7/8% PER ANNUM, USING A 365 DAY FACTOR, ON THE AMOUNT BY
WHICH FROM TIME TO TIME CUMULATIVE DISBURSEMENTS EXCEED CUMULATIVE
REPAYMENTS OF PRINCIPAL.
(B) IF ON ANY INSTALLMENT REPAYMENT DATE SET FORTH IN THE PRINCIPAL
REPAYMENT SCHEDULE THE BORROWER SHALL NOT HAVE AVAILED ITSELF OF THE
COMMITMENT OF THE LENDER IN AN AGGREGATE AMOUNT (LESS REPAYMENTS
PREVIOUSLY MADE) EQUAL TO THE AGGREGATE INSTALLMENT OF PRINCIPAL WHICH
IS REPAYABLE ON SUCH DATE TO THE LENDER, THE BORROWER SHALL, ON SUCH
INSTALLMENT DATE, REPAY TO THE LENDER THE FULL AMOUNT (LESS REPAYMENTS
PREVIOUSLY MADE) TO WHICH IT HAS AVAILED ITSELF OF THE COMMITMENT OF THE
LENDER TO SUCH DATE, TOGETHER WITH THE INTEREST ACCRUED THEREON. IF AT
ANY TIME THEREAFTER THE BORROWER SHALL AVAIL ITSELF OF THE COMMITMENT OF
THE LENDER IN AN AMOUNT WHICH WOULD HAVE BEEN PAYABLE ON A PRIOR
INSTALLMENT REPAYMENT DATE BUT FOR THE PROVISIONS OF THE IMMEDIATELY
PRECEDING SENTENCE, SUCH AMOUNT, TOGETHER WITH THE INTEREST ACCRUED
THEREON, SHALL BE REPAYABLE ON THE NEXT SUCCEEDING INSTALLMENT DATE OF
THE PRINCIPAL REPAYMENT SCHEDULE OCCURRING AFTER THE DISBURSEMENT OF
SUCH AMOUNT AND THE SAID AGGREGATE INSTALLMENT OF PRINCIPAL REPAYABLE
UNDER THE PRINCIPAL REPAYMENT SCHEDULE TO THE LENDER ON THAT DATE SHALL
BE INCREASED BY SUCH AMOUNT.
(C) IF BY THE DATE SPECIFIED IN PARAGRAPH 2 ABOVE, THE BORROWER SHALL
NOT HAVE ENTERED INTO AUTHORIZED PURCHASE ARRANGEMENTS IN AN AGGREGATE
AMOUNT EQUAL TO THE ENTIRE AMOUNT OF THE COMMITMENT, THE INSTALLMENTS OF
PRINCIPAL REPAYABLE TO THE LENDER SET FORTH IN THE PRINCIPAL REPAYMENT
SCHEDULE SHALL BE REDUCED IN THE INVERSE ORDER OF THE MATURITY THEREOF
TO THE EXTENT OF THE UNUSED BALANCE OF THE COMMITMENT.
(D) WHENEVER ANY REPAYMENT TO BE MADE BY THE BORROWER SHALL BE DUE ON
A SATURDAY, SUNDAY, OR PUBLIC HOLIDAY UNDER THE LAWS OF THE LENDER, SUCH
REPAYMENT MAY BE MADE ON THE NEXT SUCCEEDING BUSINESS DAY, AND SUCH
EXTENSION OF TIME SHALL IN SUCH CASE BE INCLUDED IN COMPUTING INTEREST
IN CONNECTION WITH SUCH REPAYMENT BUT EXCLUDED FROM THE NEXT INTEREST
PERIOD.
(E) THE BORROWER MAY PREPAY THE CREDIT EXTENDED UNDER THIS AGREEMENT
IN PART OR IN FULL ON ANY INTEREST PAYMENT DATE WITHOUT PENALTY OR
PREMIUM, BUT SUCH PREPAYMENT MUST BE ACCOMPANIED BY PAYMEN OF INTEREST
ON THE AMOUNT PREPAID TO THE DATE OF PREPAYMENT AND MUST BE APPLIED TO
THE SATISFACTION OF INSTALLMENTS OF PRINCIPAL REPAYMENTS IN THE INVERSE
ORDER OF THEIR MATURITIES.
(F) ALL REPAYMENTS BY THE BORROWER ON ACCOUNT OF PRINCIPAL OR
INTEREST SHALL BE IN LAWFUL MONEY OF THE UNITED STATES OF AMERICA AND IN
IMMEDIATELY AVAILABLE FUNDS, FREE AND CLEAR OF, AND WITHOUT DEDUCTION
FOR, ANY AND ALL TAXES, LEVIES, IMPOSTS, DEDUCTIONS AND WITHHOLDINGS
WHATSOEVER IMPOSED, LEVIED, COLLECTED OR ASSESSED WITH RESPECT THERETO
BY ANY CENTRAL OR LOCAL AUTHORITY OF __________.
7.(A) THE NOTES SHALL BE FURTHER EVIDENCE OF THE OBLIGATION OF THE
BORROWER TO REPAY THE LOANS MADE HEREUNDER. EACH NOTE SHALL BE DATED
THE PARTICULAR DISBURSEMENT DATE OF THE LOAN WHICH SUCH NOTE EVIDENCES,
SHALL BE PAYABLE TO THE ORDER OF THE GOVERNMENT OF THE UNITED STATES IN
THE PRINCIPAL AMOUNT OF SUCH DISBURSEMENT, AND SHALL BEAR INTEREST ON
THE UNPAID PRINCIPAL AMOUNT THEREOF AS PROVIDED IN PARAGRAPH 6(A).
(B) THE NOTES SHALL BE COMPLETED BY THE BORROWER IN SUCH A MANNER
THAT REPAYMENT OF SUCH LOANS SHALL BE MADE IN THE ORDER OF THEIR
DISBURSEMENT, UTILIZING THE PRINCIPAL REPAYMENT SCHEDULE SET FORTH IN
ANNEX C (AS THE SAME MAY BE ADJUSTED IN ACCORDANCE WITH PARAGRAPHS 6(B)
AND (C) HEREOF), AND, IN DETERMINING WHETHER A PARTICULAR LOAN IS
REPAYABLE IN ONE OR MORE INSTALLMENTS, UTILIZING A PARTICULAR
INSTALLMENT PAYMENT DATE ONLY AFTER THE FULL UTILIZATION OF THE NEXT
PRECEDING INSTALLMENT DATE.
(C) EACH NOTE SHALL BE SIGNED ON BEHALF OF THE BORROWER BY THE
AMBASSADOR OF BOLIVIA.
8.(A) THE BORROWER REPRESENTS AND WARRANTS THAT THE MAKING AND
PERFORMANCE OF THIS AGREEMENT HAV BEEN DULY AUTHORIZED IN ACCORDANCE
WITH THE LAWS OF BOLIVIA AND SHALL FURNISH TO THE LENDER UPON REQUEST
EVIDENCE, SATISFACTORY TO THE LENDER, OF THE AUTHORITY OF THE PERSON OR
PERSONS WHO HAVE SIGNED THIS AGREEMENT ON BEHALF OF THE BORROWER AND OF
THE PERSON OR PERSONS WHO WILL SIGN THE NOTE PROVIDED FOR HEREIN ON
BEHALF OF THE BORROWER, TOGETHER WITH THE AUTHENTICATED SPECIMEN
SIGNATURE, IN DUPLICATE, OF EACH OF THE LATTER.
(B) THIS AGREEMENT SHALL INURE TO THE BENEFIT OF THE HOLDERS OF THE
NOTES, THEIR RESPECTIVE SUCCESSORS AND ASSIGNS. THIS AGREEMENT AND THE
NOTES SHALL BE DEEMED TO BE CONTRACTS UNDER THE LAW OF THE DISTRICT OF
COLUMBIA AND FOR ALL PURPOSES SHALL BE CONSTRUED IN ACCORDANCE WITH SAID
LAW. THE BORROWER AGREES THAT JURISDICTION MAY BE TAKEN BY COURTS IN
THE DISTRICT OF COLUMBIA WITH RESPECT TO MATTERS INVOLVING ANY NOTE,
PROVIDED SUCH NOTE IS HELD BY AN INDIVIDUAL, PARTNERSHIP, CORPORATION,
OR OTHER PRIVATE LEGAL ENTITY.
(C) THE BORROWER SHALL IN ALL CASES PAY WHEN AND AS DUE THE PRINCIPAL
OF AND INTEREST ON ALL NOTES ISSUED HEREUNDER, NOTWITHSTANDING ANY
CLAIMS WHICH THE BORROWER MAY NOW OR HEREAFTER HAVE AGAINST ANY SUPPLIER
OF THE DEFENSE ITEMS, DOD, THE LENDER, OR ANY OTHER PERSON OR ENTITY IN
CONNECTION WITH ANY OTHER TRANSACTION, FOR ANY REASON WHATSOEVER.
9. UPON THE OCCURRENCE OF ANY OF THE FOLLOWING EVENTS OF DEFAULT:
(A) IF THE BORROWER FAILS FOR A PERIOD OF TEN (10) DAYS TO MAKE ANY
PAYMENT OF PRINCIPAL OF, OR INTEREST ON, ANY NOTE WHEN DUE;
(B) IF ANY REPRESENTATION OR WARRANTY MADE BY THE BORROWER HEREIN OR
ANY CERTIFICATE FURNISHED B THE BORROWER PURSUANT HERETO PROVES TO BE AT
ANY TIME INCORRECT IN ANY MATERIAL RESPECT; OR
(C) IF THE BORROWER DEFAULTS IN THE PERFORMANCE OF ANY OTHER TERM,
COVENANT OR UNDERTAKING CONTAINED IN THIS CREDIT AGREEMENT, AND SUCH
DEFAULT SHALL CONTINUE UNREMEDIED FOR 30 DAYS AFTER WRITTEN NOTIFICATION
THEREOF SHALL HAVE BEEN GIVEN TO THE BORROWER BY THE LENDER;
THEN, AND IN ANY SUCH EVENT, THE HOLDER OF ANY NOTE MAY DECLARE
IMMEDIATELY DUE AND PAYABLE THE UNPAID PRINCIPAL OF, AND ACCRUED
INTEREST ON, ANY OR ALL NOTES HELD BY SUCH HOLDER AND SUCH AMOUNTS SHALL
BECOME IMMEDIATELY DUE AND PAYABLE WITHOUT PROTEST, PRESENTMENT, NOTICE
OR OTHER DEMAND OF AN KIND, ALL OF WHICH ARE HEREBY EXPRESSLY WAIVED BY
THE BORROWER, AND THE LENDER MAY TERMINATE ITS COMMITMENT HEREUNDER.
10. ALL COMMUNICATIONS AND OTHER DOCUMENTS REQUIRED OR PERMITTED
HEREUNDER, UNLESS SUBMITTED IN THE ENGLISH LANGUAGE, SHALL BE
ACCOMPANIED BY ONE ENGLISH TRANSLATION FOR EACH COPY OF SUCH DOCUMENTS
TO BE FURNISHED AND, IN THE EVENT OF CONFLICT, THE ENGLISH VERSION SHALL
GOVERN. EXCEPT AS OTHERWISE PROVIDED HEREIN, ALL NOTICES, REQUESTS OR
DEMANDS HEREUNDER SHALL BE DEEMED TO HAVE BEEN GIVEN OR MADE UPON THE
MAILING OF THE SAME, POSTAGE PREPAID, OR IN THE CASE OF TELEGRAPHIC
NOTICE, ON DELIVERY TO THE TELEGRAPHIC COMPANY, ADDRESSED IN THE CASE OF
THE BORROWER, TO _________ AND IN THE CASE OF THE LENDER TO THE
DIRECTOR, DEFENSE SECURITY ASSISTANCE AGENCY, THE PENTAGON, WASHINGTON,
D.C. 20301.
11. THIS AGREEMENT MAY BE EXECUTED IN ANY NUMBER OF COUNTERPARTS AND
BY THE PARTIES HERETO ON SEPARATE COUNTERPARTS, EACH OF WHICH SHALL BE
DEEMED AN ORIGINAL BUT ALL SUCH COUNTERPARTS TO CONSTITUTE ONE AND THE
SAME INSTRUMENT.
12. ANNEXES A THROUGH C ATTACHED HERETO ARE, BY THIS REFERENCE, MADE
A PART OF THIS AGREEMENT.
IN WITNESS WHEREOF, THE PARTIES HERETO HAVE DULY EXECUTED THIS
AGREEMENT 18TH DAY OF JUNE 1974.
GOVERNMENT OF BOLIVIA
SIGNED
BY EDMUNDO VALENCIA-IBANEZ
AMBASSADOR
GOVERNMENT OF THE UNITED STATES OF AMERICA
SIGNED
BY RAY PEET
VICE ADMIRAL
USN DIRECTOR
DEFENSE SECURITY ASSISTANCE AGENCY
ANNEX A
AND
ANNEX A2
PAYMENT PROCEDURES
THE FOLLOWING PROCEDURES AND CONDITIONS SHALL BE ADHERED TO PRIOR TO
EACH DISBURSEMENT TO BE MADE BY THE GOVERNMENT OF THE UNITED STATES FOR
THE ACCOUNT OF THE GOVERNMENT OF __________.
1. THE SUPPLIER SHALL PREPARE AND SUBMIT TO THE DESIGNATED
REPRESENTATIVES OF THE GOVERNMENT OF __________ IN WASHINGTON, D.C.
INVOICES ON U.S. STANDARD FORM 1034 IN SUFFICIENT NUMBER OF COPIES T
PERMIT THE FORWARDING OF FOUR COPIES TO THE DISBURSING OFFICER
DESIGNATED IN PARAGRAPH 5 BELOW.
2. THE SUPPLIER SHALL INSURE THAT EACH INVOICE IS IN ACCORDANCE WITH
RELEVANT PROVISIONS OF ITS PURCHASE ARRANGEMENT WITH THE GOVERNMENT OF
__________.
3. THE SUPPLIER SHALL ATTACH TO EACH INVOICE A STATEMENT THAT
AUTHORIZED REPRESENTATIVES OF THE GOVERNMENT OF THE UNITED STATES SHALL,
UNTIL THE EXPIRATION OF THREE YEARS AFTER FINAL PAYMENT HEREUNDER, HAVE
ACCESS TO AND THE RIGHT TO EXAMINE ANY DIRECTLY RELATED PERTINENT BOOKS,
DOCUMENTS, PAPERS AND RECORDS OF THE SUPPLIER INVOLVING TRANSACTIONS
RELATING TO THE AFORESAID PURCHASE ARRANGEMENT.
4. TO THE EXTENT THAT ANY INVOICE REQUESTS PAYMENT OF ADVANCES, AS
DISTINGUISHED FROM PAYMENT FO DELIVERY OF DEFENSE ITEMS OR REIMBURSEMENT
IN THE FORM OF PROGRESS PAYMENTS FOR WORK OR SERVICES PERFORMED, THE
SUPPLIER SHALL ATTACH TO THE INVOICE A STATEMENT SETTING FORTH THE
UNDERTAKING OF TH SUPPLIER THAT THE FULL AMOUNT OF THE ADVANCE WILL BE
MAINTAINED BY THE SUPPLIER IN A SEGREGATED ACCOUNT WHICH WILL BE APPLIED
SOLELY TO THE PERFORMANCE OF THE SUPPLIER'S OBLIGATIONS UNDER THE
PURCHASE ARRANGEMENT.
5. THE DESIGNATED REPRESENTATIVE OF THE GOVERNMENT OF __________ IN
WASHINGTON, D.C. SHALL FORWARD SUCH INVOICES TO THE COMPTROLLER, DEFENSE
SECURITY ASSISTANCE AGENCY, THE PENTAGON, WASHINGTON, D.C. 20301.
6. EACH INVOICE SHALL BE ACCOMPANIED BY A CERTIFICATION OF THE
GOVERNMENT OF __________ AS FOLLOWS:
THE GOVERNMENT OF __________ CONFIRMS (THAT THE DEFENSE ITEMS SET
FORTH HEREIN HAVE BEEN SATISFACTORILY RECEIVED BY OR FOR THE GOVERNMENT
OF __________) (THAT THE WORK OR SERVICES FOR WHIC PROGRESS PAYMENTS ARE
REQUESTED HAVE BEEN SATISFACTORILY RENDERED) (THAT PAYMENT IS OTHERWISE
DUE) UNDER ITS PURCHASE ARRANGEMENT OF __________ FOR THE PURCHASE OF
DEFENSE ITEMS FROM SUPPLIER, AND CERTIFIES THAT THE BILL IS CORRECT AND
JUST AND THAT PAYMENT THEREFOR HAS NOT BEEN MADE. PAYMENT O THIS
INVOICE IS REQUESTED BY THE MINISTRY OF DEFENSE OF THE GOVERNMENT OF
__________ PURSUANT TO TH TERMS OF THE CREDIT AGREEMENT OF __________
BETWEEN THE __________ OF THE GOVERNMENT OF __________ AND THE
GOVERNMENT OF THE UNITED STATES OF AMERICA. THE GOVERNMENT OF
__________ CONFIRMS THAT SAI PURCHASE ARRANGEMENT IS ONE OF THE PURCHASE
ARRANGEMENTS AUTHORIZED BY THE DEPARTMENT OF DEFENSE OF THE UNITED
STATES OF AMERICA PURSUANT TO THE AFORESAID CREDIT AGREEMENT OF
__________ AND FURTHER CONFIRMS THAT THE CUMULATIVE TOTAL OF THIS
INVOICE AND INVOICES PREVIOUSLY PAID BY THE GOVERNMENT O THE UNITED
STATES AGAINST SAID PURCHASE ARRANGEMENT DOES NOT EXCEED THE AGGREGATE
CREDIT CEILING ESTABLISHED BY THE GOVERNMENT OF THE UNITED STATES FOR
THE SAID PURCHASE ARRANGEMENT.
BY (NAME TYPED)
(TITLE)
ANNEX B
AND
ANNEX B2
PROMISSORY NOTE
U.S. $ __________, WASHINGTON, D.C.
FOR VALUE RECEIVED, THE UNDERSIGNED, THE GOVERNMENT OF __________
(HEREIN CALLED "__________"), HEREBY PROMISES TO PAY TO THE ORDER OF THE
GOVERNMENT OF THE UNITED STATES OF AMERICA (HEREIN CALLE "UNITED
STATES") THE PRINCIPAL SUM OF __________ UNITED STATES DOLLARS (U.S.
$__________) AS FOLLOWS:
TOGETHER WITH INTEREST ON ANY AND ALL AMOUNTS REMAINING UNPAID
HEREUNDER FROM TIME TO TIME FROM THE DATE HEREOF UNTIL THIS NOTE SHALL
BE PAID IN FULL, PAYABLE SEMIANNUALLY ON __________ AND __________ OF
EACH YEAR FROM DATE HEREOF AT THE RATE OF _____ PER CENT PER ANNUM (
_____%) USING A 365 DAY FACTOR, BOTH PRINCIPAL AND INTEREST TO BE
PAYABLE IN LAWFUL MONEY OF THE UNITED STATES OF AMERICA AT THE U.S. ARMY
FINANCE COMPTROLLER INFORMATION SYSTEMS COMMAND, ATTN: MILITARY
ASSISTANCE/SALES ACCOUNTING DIVISION, 1000 INDEPENDENCE AVENUE, S.W.,
WASHINGTON, D.C. 20314. ALL PAYMENTS MADE ON ACCOUNT OF THE PRINCIPAL
AMOUNT REMAINING UNPAID HEREUNDER SHALL BE ENDORSED BY TH HOLDER ON THE
REVERSE SIDE OF THIS NOTE.
WHENEVER ANY PAYMENT TO BE MADE SHALL BE DUE ON A SATURDAY, SUNDAY,
OR A PUBLIC HOLIDAY UNDER THE LAWS OF THE GOVERNMENT OF THE UNITED
STATES, SUCH PAYMENT MAY BE MADE ON THE NEXT SUCCEEDING BUSINESS DAY,
AND SUCH EXTENSION OF TIME SHALL IN SUCH CASE BE INCLUDED IN COMPUTING
INTEREST IN CONNECTION WITH SUCH PAYMENT BUT EXCLUDED FROM THE NEXT
INTEREST PERIOD.
THIS NOTE MAY BE PREPAID ON ANY INTEREST PAYMENT DATE. PREPAYMENTS
SHALL BE APPLIED TO THE INSTALLMENTS HEREOF IN THE REVERSE ORDER OF
THEIR MATURITY. ALL PAYMENTS OF PRINCIPAL AND INTEREST ON THIS NOTE ARE
PAYABLE IN LAWFUL MONEY OF THE UNITED STATES OF AMERICA AND IN
IMMEDIATELY AVAILABLE FUNDS, FREE AND CLEAR OF, AND WITHOUT DEDUCTION
FOR, ANY TAXES, LEVIES, IMPOSTS, DEDUCTIONS, AND WITHHOLDINGS WHATSOEVER
NOW OR HEREAFTER IMPOSED, LEVIED, COLLECTED OR ASSESSED WIT RESPECT
THERETO BY ANY CENTRAL OR LOCAL AUTHORITY OF __________ AND SHALL BE
PAID FREE FROM ALL RESTRICTIONS OF ANY CENTRAL OR LOCAL AUTHORITY OF
__________.
THE GOVERNMENT OF __________ AGREES TO PAY ALL OUT-OF-POCKET COSTS
AND EXPENSES IN CONNECTION WIT COLLECTION AFTER DEFAULT OF THIS NOTE
(INCLUDING THE REASONABLE FEES AND OUT-OF-POCKET EXPENSES OF COUNSEL) AS
WELL AS ALL STAMP AND SIMILAR TAXES, IF ANY, NOW OR HEREAFTER IN EFFECT,
AND TO SAVE TH HOLDER OF THE NOTE HARMLESS FROM ANY AND ALL LIABILITIES
WITH RESPECT TO OR RESULTING FROM ANY DELA OR OMISSION TO PAY SUCH
TAXES.
GOVERNMENT OF __________
BY
TITLE
PRINCIPAL REPAYMENT SCHEDULE
THE FIRST $250,000.00 OF DISBURSEMENTS ARE REPAYABLE ON 31 DEC 1974
THE NEXT $250,000.00 OF DISBURSEMENTS ARE REPAYABLE ON 30 JUN 1975
THE NEXT $250,000.00 OF DISBURSEMENTS ARE REPAYABLE ON 31 DEC 1975
THE NEXT $250,000.00 OF DISBURSEMENTS ARE REPAYABLE ON 30 JUN 1976
THE NEXT $250,000.00 OF DISBURSEMENTS ARE REPAYABLE ON 31 DEC 1976
THE NEXT $250,000.00 OF DISBURSEMENTS ARE REPAYABLE ON 30 JUN 1977
THE NEXT $250,000.00 OF DISBURSEMENTS ARE REPAYABLE ON 31 DEC 1977
THE NEXT $250,000.00 OF DISBURSEMENTS ARE REPAYABLE ON 30 JUN 1978
THE NEXT $250,000.00 OF DISBURSEMENTS ARE REPAYABLE ON 31 DEC 1978
THE NEXT $250,000.00 OF DISBURSEMENTS ARE REPAYABLE ON 30 JUN 1979
THE NEXT $250,000.00 OF DISBURSEMENTS ARE REPAYABLE ON 31 DEC 1979
THE NEXT $250,000.00 OF DISBURSEMENTS ARE REPAYABLE ON 30 JUN 1980
THE NEXT $250,000.00 OF DISBURSEMENTS ARE REPAYABLE ON 31 DEC 1980
THE NEXT $250,000.00 OF DISBURSEMENTS ARE REPAYABLE ON 30 JUN 1981
THE NEXT $250,000.00 OF DISBURSEMENTS ARE REPAYABLE ON 31 DEC 1981
THE LAST $250,000.00 OF DISBURSEMENTS ARE REPAYABLE ON 30 JUN 1982
PURCHASE ARRANGEMENT AUTHORIZATION
DEAR __________
IN IMPLEMENTATION OF PARAGRAPH 2 OF THE CREDIT AGREEMENT BETWEEN THE
MINISTRY OF DEFENSE OF THE GOVERNMENT OF __________ AND THE DEPARTMENT
OF DEFENSE OF THE GOVERNMENT OF THE UNITED STATES, ENTERED INTO ON
__________, AND IN RESPONSE TO YOUR REQUEST OF __________, THE
GOVERNMENT OF __________ IS HEREBY AUTHORIZED TO ENTER INTO A PURCHASE
ARRANGEMENT WITH THE BELOW DESIGNATED SUPPLIERS FOR THE PURCHASE OF THE
FOLLOWING DEFENSE ARTICLES AND DEFENSE SERVICES AND THE AMOUNT OF CREDIT
AUTHORIZED FOR SUCH PURCHASE ARRANGEMENT:
ITEMS SUPPLIER AMOUNT
AUSTRALIA 23 AUG 1974 FLITE DOCUMENT NO. 7502399
EXCHANGE OF NOTES
A PROGRAM FOR THE LAUNCHING OF AEROBEE ROCKETS FROM WOOMERA DURING
1974.
AUSTRALIA
AUSTRALIAN CAPITAL TERRITORY
CITY OF CANBERRA
EMBASSY OF THE UNITED STATES OF AMERICA
I, WILLIAM C. NENNO, CONSUL OF THE UNITED STATES OF AMERICA AT
CANBERRA, AUSTRALIA, DULY COMMISSIONED AND QUALIFIED, DO HEREBY CERTIFY
THAT THE ANNEXED COPY OF EXCHANGE OF NOTES IS A TRUE AND FAITHFUL COPY
OF THE ORIGINALS, THE SAME HAVING BEEN CAREFULLY EXAMINED BY ME AND
COMPARED WITH THE SAID ORIGINALS AND FOUND TO AGREE THEREWITH WORD FOR
WORD AND FIGURE FOR FIGURE.
IN WITNESS WHEREOF I HAVE HEREUNTO SET MY HAND AND AFFIXED THE SEAL
OF THE EMBASSY OF THE UNITED STATES OF AMERICA AT CANBERRA, AUSTRALIA,
THIS 23RD DAY OF AUGUST, 1974.
(SIGNED)
WILLIAM C. NENNO
CONSUL OF THE UNITED STATES
OF AMERICA
THE DEPARTMENT OF FOREIGN AFFAIRS PRESENTS ITS COMPLIMENTS TO THE
EMBASSY OF THE UNITED STATES OF AMERICA AND HAS THE HONOUR TO REFER TO
THE EMBASSY'S NOTE OF TODAY'S DATE WHICH READS AS FOLLOWS:
"THE EMBASSY OF THE UNITED STATES OF AMERICA PRESENTS ITS COMPLIMENTS
TO THE DEPARTMENT OF FOREIG AFFAIRS AND HAS THE HONOR TO REFER TO RECENT
DISCUSSIONS BETWEEN REPRESENTATIVES OF OUR TWO GOVERNMENTS CONCERNING
COOPERATIVE SCIENTIFIC PROGRAMS PROPOSED BY THE UNITED STATES DEFENSE
ADVANCED RESEARCH PROJECTS AGENCY (ARPA) AND THE AUSTRALIAN DEPARTMENT
OF DEFENCE. THESE AGENCIES ARE PRESENTLY CONSIDERING A PROJECT
DESIGNATED HI STAR SOUTH, WHICH INVOLVES THE LAUNCHING AT THE WOOMORA
RANGE OF AEROBOO SOUNDING ROCKETS SUPPLIED BY ARPA TO MEASURE NATURAL
RADIATION OF THE CELESTIAL SPHERE AT INFRARED WAVE LENGTHS. OTHER
RESEARCH PROJECTS HAVE BEEN CARRIED OUT BY ARPA I THE PAST IN
COOPERATION WITH AUSTRALIAN AGENCIES AND ADDITIONAL COOPERATIVE PROJECTS
MAY BE PROPOSE IN THE FUTURE FROM TIME TO TIME.
IN ACCORDANCE WITH THOSE DISCUSSIONS, IT IS PROPOSED THAT THE TWO
GOVERNMENTS COOPERATE IN A PROGRAM FOR THE LAUNCHING FROM WOOMERA DURING
1974 OF UP TO THREE AEROBOO SOUNDING ROCKETS. IT IS PROPOSED THAT
WITHIN THAT NUMBER OF LAUNCHINGS THE SPECIFIC NUMBER, CHARACTER, AND
SCHEDULE OF SCIENTIFIC EXPERIMENTS TO BE PERFORMED AS PART OF THE
PROGRAM, THE ALLOCATION OF TECHNICAL AND OPERATIONAL RESPONSIBILITIES
WITH RESPECT TO EACH EXPERIMENT, AND ARRANGEMENTS FOR FINANCING THE
PROGRAM AND FOR THE PROVISION OF FACILITIES FOR LAUNCHING, TRACKING, AND
TOLOMETORING OF INFORMATIO FROM THE ROCKETS, AND OF THE SERVICES
ASSOCIATED THEREWITH, BE AGREED UPON BY ARPA, ON BEHALF OF TH GOVERNMENT
OF THE UNITED STATES OF AMERICA, AND BY THE DEPARTMENT OF DEFENSE, ON
BEHALF OF THE AUSTRALIAN GOVERNMENT.
IT IS FURTHER PROPOSED THAT:
(A) MEMBERS OF THE UNITED STATES FORCES AND ITS EMPLOYEES PRESENT IN
AUSTRALIA FOR THE PURPOSES OF THE PROJECT SHALL BE DEEMED TO BE IN
AUSTRALIA FOR THE PURPOSE OF THE AGREEMENT BETWEEN THE TWO GOVERNMENTS
SIGNED AT CANBERRA ON 9 MAY, 1963 CONCERNING THE STATUS OF UNITED STATES
FORCES EXCEPT THAT THE PROPERTY OF EITHER GOVERNMENT SHALL BE DEEMED NOT
TO BE GOVERNMENT PROPERTY FOR THE PURPOSES OF ARTICLE 12 OF THAT
AGREEMENT.
(B) THE FOLLOWING PROVISIONS SHALL APPLY TO THOSE CONTRACTORS AND
SUB-CONTRACTORS OF THE UNITED STATES GOVERNMENT AND THEIR EMPLOYEES AS
MAY BE REQUIRED IN AUSTRALIA FOR THE PURPOSES OF THE PROJECT:
(1) EXCEPT AS MAY BE OTHERWISE AGREED BETWEEN THE TWO GOVERNMENTS,
THE UNITED STATES GOVERNMENT AND ITS CONTRACTORS AND SUB-CONTRACTORS
SHALL RETAIN TITLE TO EQUIPMENT, MATERIALS, SUPPLIES AND OTHER PROPERTY
BROUGHT INTO OR ACQUIRED IN AUSTRALIA BY THEM OR ON THEIR BEHALF FOR THE
PROJECT.
CONSISTENTLY WITH THIS AGREEMENT, THE UNITED STATES GOVERNMENT AND
ITS CONTRACTORS AND SUB-CONTRACTORS MAY REMOVE SUCH PROPERTY AT ANY TIME
FROM AUSTRALIA AT THEIR OWN EXPENSE AND FREE FROM EXPORT DUTIES AND
RELATED CHARGES.
(2) THE AUSTRALIAN GOVERNMENT SHALL, IN ACCORDANCE WITH ITS LAWS,
REGULATIONS AND PROCEDURES, FACILITATE THE ADMISSION INTO AND EXIT FROM
AUSTRALIA OF CONTRACTORS AND SUB-CONTRACTORS OF THE UNITED STATES
GOVERNMENT AND THEIR EMPLOYEES AS MAY BE REQUIRED IN AUSTRALIA FOR THE
PURPOSES OF THIS AGREEMENT, AND DEPENDENTS OF THESE CATEGORIES OF
PERSONS.
(3)(A) THE AUSTRALIAN GOVERNMENT SHALL TAKE THE NECESSARY STEPS TO
FACILITATE THE ADMISSION INTO AUSTRALIA OF ALL EQUIPMENT, MATERIALS,
SUPPLIES AND OTHER PROPERTY PROVIDED BY OR ON BEHALF OF THE UNITED
STATES GOVERNMENT IN CONNECTION WITH THE PROJECT. NO DUTIES, TAXES OR
LIKE CHARGES SHALL BE LEVIED ON SUCH PROPERTY WHICH IS CERTIFIED BY THE
UNITED STATES GOVERNMENT TO BE IMPORTED FOR USE I THE PROJECT AND WHICH
IT IS CERTIFIED AT THE TIME OF ENTRY IS OR IS INTENDED TO BE THE
PROPERTY OF THE UNITED STATES GOVERNMENT.
(B) EXEMPTION FROM SALES TAX WILL BE ALLOWED BY THE AUSTRALIAN
GOVERNMENT IN RESPECT OF EQUIPMENT, MATERIALS, SUPPLIES AND OTHER
PROPERTY PURCHASED IN AUSTRALIA WHICH THE UNITED STATES GOVERNMENT
CERTIFIES ARE FOR USE IN THE PROJECT AND NOT FOR RESALE, PROVIDED THAT
SUCH PROPERTY IS INTENDED TO BE THE PROPERTY OF THE UNITED STATES
GOVERNMENT PRIOR TO USE IN AUSTRALIA.
THE EMBASSY PROPOSES THAT IF THE FOREGOING PROPOSALS ARE ACCEPTABLE
TO THE AUSTRALIAN GOVERNMENT THIS NOTE AND THE DEPARTMENT'S REPLY TO
THAT EFFECT SHALL TOGETHER CONSTITUTE AND EVIDENCE AN AGREEMENT BETWEEN
THE TWO GOVERNMENTS, WHICH SHALL ENTER INTO FORCE ON THE DATE OF THE
DEPARTMENT'S REPLY."
THE DEPARTMENT HAS THE HONOUR TO CONFIRM THAT THE EMBASSY'S PROPOSAL
IS ACCEPTABLE TO THE GOVERNMENT OF AUSTRALIA AND THAT THE EMBASSY'S NOTE
AND THE DEPARTMENT'S REPLY SHALL CONSTITUTE AN AGREEMENT BETWEEN THE
GOVERNMENT OF AUSTRALIA AND THE GOVERNMENT OF THE UNITED STATES OF
AMERICA ON THIS MATTER.
THE DEPARTMENT OF FOREIGN AFFAIRS AVAILS ITSELF OF THIS OPPORTUNITY
TO RENEW TO THE EMBASSY OF TH UNITED STATES OF AMERICA THE ASSURANCES OF
ITS HIGHEST CONSIDERATION.
(SIGNED)
CANBERRA, A.C.T.
23 AUGUST 1974
NOTE NO. 121
THE EMBASSY OF THE UNITED STATES OF AMERICA PRESENTS ITS COMPLIMENTS
TO THE DEPARTMENT OF FOREIGN AFFAIRS AND HAS THE HONOR TO REFER TO
RECENT DISCUSSIONS BETWEEN REPRESENTATIVES OF OUR TWO GOVERNMENTS
CONCERNING COOPERATIVE SCIENTIFIC PROGRAMS PROPOSED BY THE UNITED STATES
DEFENSE ADVANCED RESEARCH PROJECTS AGENCY (ARPA) AND THE AUSTRALIAN
DEPARTMENT OF DEFENCE. THESE AGENCIES ARE PRESENTLY CONSIDERING A
PROJECT DESIGNATED HI STAR SOUTH, WHICH INVOLVES THE LAUNCHING AT THE
WOOMERA RANGE OF AEROBEE SOUNDING ROCKETS SUPPLIED BY ARPA TO MEASURE
NATURAL RADIATION OF THE CELESTIAL SPHERE AT INFRARED WAVE LENGTHS.
OTHER RESEARCH PROJECTS HAVE BEEN CARRIED OUT BY ARPA I THE PAST IN
COOPERATION WITH AUSTRALIAN AGENCIES AND ADDITIONAL COOPERATIVE PROJECTS
MAY BE PROPOSE IN THE FUTURE FROM TIME TO TIME.
IN ACCORDANCE WITH THOSE DISCUSSIONS, IT IS PROPOSED THAT THE TWO
GOVERNMENTS COOPERATE IN A PROGRAM FOR THE LAUNCHING FROM WOOMERA DURING
1974 OF UP TO THREE AEROBEE SOUNDING ROCKETS. IT IS PROPOSED THAT
WITHIN THAT NUMBER OF LAUNCHINGS THE SPECIFIC NUMBER, CHARACTER, AND
SCHEDULE OF SCIENTIFIC EXPERIMENTS TO BE PERFORMED AS PART OF THE
PROGRAM, THE ALLOCATION OF TECHNICAL AND OPERATIONAL RESPONSIBILITIES
WITH RESEPCT TO EACH EXPERIMENT, AND ARRANGEMENTS FOR FINANCING THE
PROGRAM AND FOR THE PROVISION OF FACILITIES FOR LAUNCHING, TRACKING, AND
TELEMETERING OF INFORMATIO FROM THE ROCKETS, AND OF THE SERVICES
ASSOCIATED THEREWITH, BE AGREED UPON BY ARPA, ON BEHALF OF TH GOVERNMENT
OF THE UNITED STATES OF AMERICA, AND BY THE DEPARTMENT OF DEFENCE, AND
BEHALF OF THE AUSTRALIAN GOVERNMENT.
IT IS FURTHER PROPOSED THAT:
(A) MEMBERS OF THE UNITED STATES FORCES AND ITS EMPLOYEES PRESENT IN
AUSTRALIA FOR THE PURPOSES OF THE PROJECT SHALL BE DEEMED TO BE IN
AUSTRALIA FOR THE PURPOSE OF THE AGREEMENT BETWEEN THE TWO GOVERNMENTS
SIGNED AT CANBERRA ON 9 MAY, 1963 CONCERNING THE STATUS OF UNITED STATES
FORCES EXCEPT THAT THE PROPERTY OF EITHER GOVERNMENT SHALL BE DEEMED NOT
TO BE GOVERNMENT PROPERTY FOR THE PURPOSES OF ARTICLE 12 OF THAT
AGREEMENT.
(B) THE FOLLOWING PROVISIONS SHALL APPLY TO THOSE CONTRACTORS AND
SUB-CONTRACTORS OF THE UNITED STATES GOVERNMENT AND THEIR EMPLOYEES AS
MAY BE REQUIRED IN AUSTRALIA FOR THE PURPOSES OF THE PROJECT:
(1) EXCEPT AS MAY BE OTHERWISE AGREED BETWEEN THE TWO GOVERNMENTS,
THE UNITED STATES GOVERNMENT AND ITS CONTRACTORS AND SUB-CONTRACTORS
SHALL RETAIN TITLE TO EQUIPMENT, MATERIALS, SUPPLIES AND OTHER PROPERTY
BROUGHT INTO OR ACQUIRED IN AUSTRALIA BY THEM OR ON THEIR BEHALF FOR THE
PROJECT. CONSISTENTLY WITH THIS AGREEMENT, THE UNITED STATES GOVERNMENT
AND ITS CONTRACTORS AND SUB-CONTRACTORS MAY REMOVE SUCH PROPERTY AT ANY
TIME FROM AUSTRALIA AT THEIR OWN EXPENSE AND FREE FROM EXPORT DUTIES AND
RELATED CHARGES.
(2) THE AUSTRALIAN GOVERNMENT SHALL, IN ACCORDANCE WITH ITS LAWS,
REGULATIONS AND PROCEDURES, FACILITATE THE ADMISSION INTO AND EXIT FROM
AUSTRALIA OF CONTRACTORS AND SUB-CONTRACTORS OF THE UNITED STATES
GOVERNMENT AND THEIR EMPLOYEES AS MAY BE REQUIRED IN AUSTRALIA FOR THE
PURPOSES OF THIS AGREEMENT, AND DEPENDENTS OF THESE CATEGORIES OF
PERSONS.
(3)(A) THE AUSTRALIAN GOVERNMENT SHALL TAKE THE NECESSARY STEPS TO
FACILITATE THE ADMISSION INTO AUSTRALIA OF ALL EQUIPMENT, MATERIALS,
SUPPLIES AND OTHER PROPERTY PROVIDED BY OR ON BEHALF OF THE UNITED
STATES GOVERNMENT IN CONNECTION WITH THE PROJECT. NO DUTIES, TAXES OR
LIKE CHARGES SHALL BE LEVIED ON SUCH PROPERTY WHICH IS CERTIFIED BY THE
UNITED STATES GOVERNMENT TO BE IMPORTED FOR USE I THE PROJECT AND WHICH
IT IS CERTIFIED AT THE TIME OF ENTRY IS OR IS INTENDED TO BE THE
PROPERTY OF THE UNITED STATES GOVERNMENT.
(B) EXEMPTION FROM SALES TAX WILL BE ALLOWED BY THE AUSTRALIAN
GOVERNMENT IN RESPECT OF EQUIPMENT, MATERIALS, SUPPLIES AND OTHER
PROPERTY PURCHASED IN AUSTRALIA WHICH THE UNITED STATES GOVERNMENT
CERTIFIES ARE FOR USE IN THE PROJECT AND NOT FOR RESALE, PROVIDED THAT
SUCH PROPERTY IS INTENDED TO BE THE PROPERTY OF THE UNITED STATES
GOVERNMENT PRIOR TO USE IN AUSTRALIA.
THE EMBASSY PROPOSES THAT IF THE FOREGOING PROPOSALS ARE ACCEPTABLE
TO THE AUSTRALIAN GOVERNMENT THIS NOTE AND THE DEPARTMENT'S REPLY TO
THAT EFFECT SHALL TOGETHER CONSTITUTE AND EVIDENCE AN AGREEMENT BETWEEN
THE TWO GOVERNMENTS, WHICH SHALL ENTER INTO FORCE ON THE DATE OF THE
DEPARTMENT'S REPLY.
EMBASSY OF THE UNITED STATES OF AMERICA
CANBERRA, A.C.T., AUGUST 23, 1974
AUSTRALIA 22 MAR 1974 FLITE DOCUMENT NO. 7502398
EXCHANGE OF NOTES
AMENDMENT TO AGREEMENT OF 28 JUNE 1968 CONCERNING JOINT OPERATIONS
AND UTILIZATION BY UNITED STATES AND AUSTRALIAN FORCES OF THE PRESENT
NAVAL COMMUNICATION STATION AT NORTH WEST CAPE
TO: DEPARTMENT OF STATE
INFO: USNAVCOMSTA HAROLD E. HOLT
AMCONSULS BRISBANE, MELBOURNE, PERTH, SYDNEY
E.O. 11652: N/A
TAGS: PFOR, MARR, AS, US
FROM: AMEMBASSY CANBERRA DATE: MARCH 22, 1974
SUBJECT: EXCHANGE OF NOTES - NORTHWEST CAPE
REF: CANBERRA 1706
FOR L/T
ENCLOSED IS THE ORIGINAL OF THE AUSTRALIAN NOTE AND A CERTIFIED COPY
OF THE EMBASSY'S NOTE IN RESPONSE FOR THE SUBJECT AGREEMENT. EMBASSY IS
INFORMED THAT DFA PROPOSES TO PUBLISH THIS EXCHANGE OF NOTES IN ITS OWN
TREATY SERIES AND REGISTER THE EXCHANGE WITH THE UN AFTER A FURTHER
EXCHANGE OF INSTRUMENTS OF APPROVAL.
ALTHOUGH THIS EXCHANGE OF NOTES IS UNCLASSIFIED, DFA HAS REQUESTED
THAT THE TEXTS OF THESE NOTES NOT BE MADE PUBLIC UNTIL AFTER THEY HAVE
BEEN TABLED IN THE AUSTRALIAN PARLIAMENT SOMETIME AFTER APRIL 2, 1974.
ENCLOSURES:
AS STATED.
EXCELLENCY,
I HAVE THE HONOUR TO REFER TO RECENT DISCUSSIONS BETWEEN
REPRESENTATIVES OF OUR TWO GOVERNMENTS CONCERNING THE FUTURE JOINT
OPERATION AND UTILIZATION BY UNITED STATES AND AUSTRALIAN FORCES OF THE
PRESENT NAVAL COMMUNICATION STATION AT NORTH WEST CAPE IN THE STATE OF
WESTERN AUSTRALIA. IN ACCORDANCE WITH THE UNDERSTANDINGS REACHED IN
THOSE DISCUSSIONS. I HAVE THE HONOUR TO PROPOSE THAT THE AGREEMENT
BETWEEN THE GOVERNMENT OF AUSTRALIA AND THE GOVERNMENT OF THE UNITED
STATES OF AMERIC CONCERNING THE SAID STATION, WHICH ENTERED INTO FORCE
ON JUNE 28, 1963 AND WAS AMENDED WITH EFFECT FROM JULY 1, 1968, BE
FURTHER AMENDED AS FOLLOWS:
1. ARTICLE 1 BE AMENDED TO READ:
"IN ACCORDANCE WITH THE TERMS AND CONDITIONS SET OUT IN THIS
AGREEMENT, THE UNITED STATES GOVERNMENT MAY ESTABLISH, MAINTAIN AND
OPERATE A NAVAL COMMUNICATION STATION (IN THIS AGREEMENT CALLED THE
"STATION") AT NORTH WEST CAPE IN THE STATE OF WESTERN AUSTRALIA. THE
STATION SHALL BE OPERATED BY THE ARMED FORCES OF THE TWO GOVERNMENTS AS
A JOINT FACILITY":
2. ARTICLE 2 BE AMENDED TO READ:
"THE AUSTRALIAN GOVERNMENT WILL ACQUIRE SUCH LAND AS IS REQUIRED FOR
THE PURPOSES OF THE STATION. ALL LAND SO ACQUIRED WILL REMAIN VESTED IN
THE AUSTRALIAN GOVERNMENT, WHICH WILL FOR THE DURATION O THIS AGREEMENT
GRANT TO THE UNITED STATES GOVERNMENT ALL NECESSARY RIGHTS OF ACCESS TO
SUCH LAND, AND OF EXCLUSIVE USE AND OCCUPANCY THEREOF SUBJECT TO THE
PROVISIONS OF ARTICLES 1 AND 4";
3. ARTICLE 14 BE AMENDED TO READ:
"EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT, THE CONSTRUCTION,
MAINTENANCE AND OPERATION OF THE STATION WILL BE WITHOUT COST TO THE
AUSTRALIAN GOVERNMENT (OTHER THAN COSTS INCURRED DIRECTLY B THE
AUSTRALIAN GOVERNMENT ON BEHALF OF ITS ARMED FORCES). THE AUSTRALIAN
GOVERNMENT WILL REIMBURSE THE UNITED STATES GOVERNMENT FOR SUCH EXPENSES
AS THE CO-OPERATING AGENCIES OF THE TWO GOVERNMENTS AGREE SHOULD BE MET
BY AUSTRALIA FOR THE USE OF THE STATION BY ITS FORCES";
ALL OTHER PROVISIONS OF THE AGREEMENT WOULD REMAIN IN FULL FORCE AND
EFFECT WITHOUT CHANGE.
IF THE FOREGOING IS ACCEPTABLE TO THE GOVERNMENT OF THE UNITED STATES
OF AMERICA, I HAVE THE HONOUR FURTHER TO PROPOSE THAT YOUR EXCELLENCY'S
REPLY TO THAT EFFECT TOGETHER WITH THIS NOTE, SHAL CONSTITUTE AN
AGREEMENT BETWEEN THE TWO GOVERNMENTS. THIS AGREEMENT SHALL BE SUBJECT
TO APPROVAL B THE TWO GOVERNMENTS AND SHALL ENTER INTO FORCE ON THE DATE
ON WHICH THEY EXCHANGE INSTRUMENTS NOTIFYING SUCH APPROVAL.
ACCEPT, EXCELLENCY, THE ASSURANCES OF MY HIGHEST CONSIDERATION.
SIGNED
(E.G. WHITLAM)
HIS EXCELLENCY MR MARSHALL GREEN,
AMBASSADOR,
EMBASSY OF THE UNITED STATES OF AMERICA,
CANBERRA. A.C.T. 2600
AUSTRALIA
AUSTRALIAN CAPITAL TERRITORY
CITY OF CANBERRA
EMBASSY OF THE UNITED STATES OF AMERICA
1. WILLIAM C. NENNO, CONSUL OF THE UNITED STATES OF AMERICA AT
CANBERRA, AUSTRALIA, DULY COMMISSIONED AND QUALIFIED, DO HEREBY CERTIFY
THAT THE ANNEXED COPY OF AN EXCHANGE OF NOTES IS A TRUE AND FAITHFUL
COPY OF THE ORIGINAL, THE SAME HAVING BEEN CAREFULLY EXAMINED BY ME AND
COMPARED WITH THE SAID ORIGINAL AND FOUND TO AGREE THEREWITH WORD FOR
WORD AND FIGURE FOR FIGURE.
IN WITNESS WHEREOF I HAVE HEREUNTO SET MY HAND AND AFFIXED THE SEAL
OF THE EMBASSY OF THE UNITED STATES OF AMERICA AT CANBERRA, AUSTRALIA,
THIS 21ST DAY OF MARCH, 1974.
SIGNED
EMBASSY OF THE UNITED STATES OF AMERICA
EXCELLENCY:
I HAVE THE HONOR TO ACKNOWLEDGE RECEIPT OF YOUR NOTE OF MARCH 21,
1974, WHICH READS AS FOLLOWS:
"I HAVE THE HONOUR TO REFER TO RECENT DISCUSSIONS BETWEEN
REPRESENTATIVES OF OUR TWO GOVERNMENTS CONCERNING THE FUTURE JOINT
OPERATIONS AND UTILIZATION BY UNITED STATES AND AUSTRALIAN FORCES OF TH
PRESENT NAVAL COMMUNICATION STATION AT NORTH WEST CAPE IN THE STATE OF
WESTERN AUSTRALIA. IN ACCORDANCE WITH THE UNDERSTANDINGS REACHED IN
THOSE DISCUSSIONS, I HAVE THE HONOUR TO PROPOSE THAT THE AGREEMENT
BETWEEN THE GOVERNMENT OF AUSTRALIA AND THE GOVERNMENT OF THE UNITED
STATES OF AMERIC CONCERNING THE SAID STATION, WHICH ENTERED INTO FORCE
ON JUNE 28, 1963 AND WAS AMENDED WITH EFFECT FROM JULY 1, 1968, BE
FURTHER AMENDED AS FOLLOWS:
1. ARTICLE 1 BE AMENDED TO READ:
"IN ACCORDANCE WITH THE TERMS AND CONDITIONS SET OUT IN THIS
AGREEMENT, THE UNITED STATES GOVERNMENT MAY ESTABLISH, MAINTAIN AND
OPERATE A NAVAL COMMUNICATION STATION IN THIS AGREEMENT CALLED THE
"STATION") AT NORTH WEST CAPE IN THE STATE OF WESTERN AUSTRALIA. THE
STATION SHALL BE OPERATED BY THE ARMED FORCES OF THE TWO GOVERNMENTS AS
A JOINT FACILITY";
2. ARTICLE 2 BE AMENDED TO READ:
"THE AUSTRALIAN GOVERNMENT WILL ACQUIRE SUCH LAND AS IS REQUIRED FOR
THE PURPOSES OF THE STATION. ALL LAND SO ACQUIRED WILL REMAIN VESTED IN
THE AUSTRALIAN GOVERNMENT, WHICH WILL FOR THE DURATION O THIS AGREEMENT
GRANT TO THE UNITED STATES GOVERNMENT ALL NECESSARY RIGHTS OF ACCESS TO
SUCH LAND, AND OF EXCLUSIVE USE AND OCCUPANCY THEREOF SUBJECT TO THE
PROVISIONS OF ARTICLES 1 AND 4";
3. ARTICLE 14 BE AMENDED TO READ:
"EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT, THE CONSTRUCTION,
MAINTENANCE AND OPERATION OF THE STATION WILL BE WITHOUT COST TO THE
AUSTRALIAN GOVERNMENT (OTHER THAN COSTS INCURRED DIRECTLY B THE
AUSTRALIAN GOVERNMENT ON BEHALF OF ITS ARMED FORCES). THE AUSTRALIAN
GOVERNMENT WILL REIMBURSE THE UNITED STATES GOVERNMENT FOR SUCH EXPENSES
AS THE CO-OPERATING AGENCIES OF THE TWO GOVERNMENTS AGREE SHOULD BE MET
BY AUSTRALIA FOR THE USE OF THE STATION BY ITS FORCES";
ALL OTHER PROVISIONS OF THE AGREEMENT WOULD REMAIN IN FULL FORCE AND
EFFECT (TEXT MISSING)
IF THE FOREGOING IS ACCEPTABLE TO THE GOVERNMENT OF THE UNITED STATES
OF AMERICA, I HAVE THE HONOUR FURTHER TO PROPOSE THAT YOUR EXCELLENCY'S
REPLY TO THAT EFFECT TOGETHER WITH THIS NOTE, SHAL CONSTITUTE AN
AGREEMENT BETWEEN THE TWO GOVERNMENTS. THIS AGREEMENT SHALL BE SUBJECT
TO APPROVAL B THE TWO GOVERNMENTS AND SHALL ENTER INTO FORCE ON THE DATE
ON WHICH THEY EXCHANGE INSTRUMENTS NOTIFYING SUCH APPROVAL.
ACCEPT, EXCELLENCY, THE ASSURANCES OF MY HIGHEST CONSIDERATION."
I HAVE THE HONOR TO CONFIRM THAT THE FOREGOING PROPOSAL OF THE
GOVERNMENT OF AUSTRALIA IS ACCEPTABLE TO THE GOVERNMENT OF THE UNITED
STATES AND THAT YOUR EXCELLENCY'S NOTE TOGETHER WITH THI REPLY WILL
CONSTITUTE AN AGREEMENT BETWEEN OUR TWO GOVERNMENTS EFFECTIVE ON THE DAY
ON WHICH OUR TW GOVERNMENTS EXCHANGE INSTRUMENTS OF APPROVAL AS PROVIDED
IN THE SAID NOTES.
ACCEPT, EXCELLENCY, THE ASSURANCES OF MY HIGHEST CONSIDERATION.
THE HONORABLE,
E.G. WHITLAN, Q.C.M.P.
ACTING MINISTER FOR FOREIGN AFFAIRS,
CANBERRA, A.C.T.
ARGENTINA 21 JUN 1974 FLITE DOCUMENT NO. 7502397
CREDIT AGREEMENT
PURCHASE ARRANGEMENTS WITH THE MILITARY DEPARTMENTS AND AGENCIES OF
THE UNITED STATES DEPARTMENT OF DEFENSE AND ARGENTINA FOR THE PURCHASE
OF DEFENSE ARTICLES AND SERVICES OF UNITED STATES ORIGIN.
CREDIT AGREEMENT, MADE AND ENTERED INTO THE 21ST DAY OF JUNE, 1974,
BETWEEN THE GOVERNMENT OF ARGENTINA, REPRESENTED BY ITS MINISTRY OF
DEFENSE, AND THE GOVERNMENT OF THE UNITED STATES OF AMERICA, REPRESENTED
BY THE DEPARTMENT OF DEFENSE OF THE UNITED STATES OF AMERICA.
WITNESSETH
WHEREAS, THE GOVERNMENT OF ARGENTINA (HEREINAFTER SOMETIMES REFERRED
TO AS THE "BORROWER") DESIRE TO ENTER INTO PURCHASE CONTRACTS
(HEREINAFTER REFERRED TO AS "PURCHASE ARRANGEMENTS") WITH THE MILITARY
DEPARTMENTS AND AGENCIES OF THE UNITED STATES DEPARTMENT OF DEFENSE
(HEREINAFTER REFERRED TO AS "DOD") AND/OR VARIOUS UNITED STATES
COMMERCIAL SUPPLIERS FOR THE PURCHASE OF DEFENSE ARTICLES AND SERVICES
OF UNITED STATES ORIGIN (HEREINAFTER COLLECTIVELY REFERRED TO AS
"DEFENSE ITEMS"); AND
WHEREAS, THE BORROWER HAS REQUESTED THE GOVERNMENT OF THE UNITED
STATES OF AMERICA (HEREINAFTER SOMETIMES REFERRED TO AS THE "LENDER") TO
FINANCE PAYMENTS REQUIRED TO BE MADE BY THE BORROWER UNDE THE PURCHASE
ARRANGEMENTS; AND
WHEREAS, THE AFORESAID REQUESTED CREDIT WILL FACILITATE THE PURPOSES
OF THE UNITED STATES FOREIGN MILITARY SALES ACT, AS AMENDED;
NOW THEREFORE, IN CONSIDERATION OF THE PREMISE AND THE MUTUAL
COVENANTS HEREINAFTER SET FORTH, AN IN IMPLEMENTATION OF, AND SUBJECT TO
THE PROVISIONS OF THE MUTUAL DEFENSE ASSISTANCE AGREEMENT BETWEEN THE
GOVERNMENT OF ARGENTINA AND THE GOVERNMENT OF THE UNITED STATES OF
AMERICA, DATED 10 MA 1964, THE PARTIES HERETO AGREE AS FOLLOWS:
1. SUBJECT TO THE TERMS AND CONDITIONS HEREOF, THE LENDER AGREES TO
MAKE LOANS TO THE BORROWER FROM TIME TO TIME IN AN AGGREGATE PRINCIPAL
AMOUNT UP TO BUT NOT EXCEEDING $6,500,000.00 (HEREINAFTER CALLED THE
"COMMITMENT").
2. THE AFORESAID COMMITMENT SHALL BE AVAILABLE ONLY TO FINANCE THE
PURCHASE OF DEFENSE ITEMS BY THE BORROWER PURSUANT TO PURCHASE
ARRANGEMENTS AUTHORIZED FOR SUCH FINANCING BY DOD WHICH ARE ENTERED INTO
BY THE BORROWER ON OR BEFORE 30 JUNE, 1977. EACH AUTHORIZATION FOR THE
BORROWER TO ENTER INTO A PURCHASE ARRANGEMENT IN IMPLEMENTATION OF THIS
CREDIT AGREEMENT SHALL BE SEPARATELY COMMUNICATED BY DOD IN WRITING TO
THE BORROWER, WHICH AUTHORIZATION SHALL SPECIFY THE DEFENSE ITEMS AND
THE AMOUNT OF CREDIT AUTHORIZED FOR THE PURCHASE ARRANGEMENT. THE
BORROWER SHALL INCORPORATE INTO EACH SUCH PURCHASE ARRANGEMENT WITH
COMMERCIAL SUPPLIERS THE PROVISIONS OF ANNEX A HERETO AND ATTACH AS AN
EXHIBIT TO THE PURCHASE ARRANGEMENT A TRUE COPY OF THE APPLICABLE
AFORESAID AUTHORIZATION AND OF PARAGRAPH 9 OF THIS CREDIT AGREEMENT.
3. EACH LOAN HEREUNDER BY THE LENDER SHALL BE MADE IN ACCORDANCE
WITH THE FOLLOWING PROCEDURES:
(A) EACH LOAN SHALL BE MADE ON SUCH DATE (HEREINAFTER REFERRED TO AS
A "DISBURSEMENT DATE") AS MAY BE DESIGNATED BY THE BORROWER FROM TIME TO
TIME UPON TEN (10) DAYS WRITTEN NOTICE BY THE BORROWER TO THE LENDER.
(B) EACH NOTICE SHALL SPECIFY THE AMOUNT OF THE LOAN TO BE MADE BY
THE LENDER ON THE DISBURSEMEN DATE, AND SHALL SPECIFY THE SUPPLIER OR
SUPPLIERS (INCLUDING THE MILITARY DEPARTMENTS OR AGENCIES O DOD) TO WHOM
THE DISBURSEMENT IS TO BE REMITTED BY THE LENDER.
(C) EACH NOTICE SHALL BE PREPARED IN QUADRUPLICATE ON U.S. STANDARD
FORM 1034 AND SHALL BE SENT TO THE COMPTROLLER, DEFENSE SECURITY
ASSISTANCE AGENCY, THE PENTAGON, WASHINGTON, D.C. 20301.
(D) IN THE CASE OF DISBURSEMENTS REQUESTED TO BE MADE TO COMMERCIAL
SUPPLIERS, THE INVOICES SHAL BE PREPARED IN ACCORDANCE WITH THE
PROCEDURE SET FORTH IN ANNEX A HERETO.
(E) IN THE CASE OF DISBURSEMENTS REQUESTED TO BE MADE TO THE MILITARY
DEPARTMENTS AND AGENCIES O DOD, THE NOTICES SHALL HAVE ANNEXED THERETO
COPIES OF THE PAYMENT REQUEST RECEIVED BY THE BORROWER FROM SUCH
MILITARY DEPARTMENT OR AGENCY AGAINST WHICH DISBURSEMENT IS REQUESTED.
(F) WITH EACH NOTICE, THE BORROWER SHALL CONCURRENTLY TRANSMIT TO THE
LENDER AT THE ADDRESS SET FORTH IN SUBPARAGRAPH (C) ABOVE OF THIS
PARAGRAPH A PROMISSORY NOTE SUBSTANTIALLY IN THE FORM OF ANNEX B HERETO
(WITH THE BLANKS APPROPRIATELY FILLED IN) RECITING THE OBLIGATION OF THE
BORROWER TO REPAY THE AMOUNT OF SUCH LOAN WITH INTEREST THEREON AS
HEREINAFTER SET FORTH. (THE PROMISSORY NOTE HEREINABOVE REFERRED TO ARE
HEREINAFTER CALLED THE "NOTES" AND INDIVIDUALLY A "NOTE".
4.(A) OCEAN TRANSPORTATION OF THE DEFENSE ARTICLES INSOFAR AS
PRACTICABLE SHALL BE EQUALLY DIVIDED BETWEEN VESSELS OF UNITED STATES
REGISTRY AND VESSELS OF ARGENTINE REGISTRY.
(B) THE BORROWER OR ITS COMMERCIAL SUPPLIERS SHALL BE RESPONSIBLE FOR
OBTAINING SUCH EXPORT LICENSES AS MAY BE NECESSARY FOR DEFENSE ITEMS
FINANCED HEREUNDER.
5. THIS AGREEMENT EVIDENCES THE LEGAL AND BINDING OBLIGATION OF THE
BORROWER TO MAKE REPAYMENTS TO THE LENDER FOR DISBURSEMENTS MADE BY THE
LENDER IN ACCORDANCE WITH THE TERMS HEREOF. THE LENDER MAY SELL OR
ASSIGN, IN WHOLE OR IN PART, ITS RIGHTS TO SAID REPAYMENTS AND MAY, WITH
RESPECT TO SUC SALE OR ASSIGNMENT, GUARANTEE PAYMENT OF THE SAME. THIS
PARAGRAPH WILL ONLY BE OPERATIVE AFTER CONSULTATION WITH THE BORROWER.
6.(A) THE BORROWER SHALL REPAY THE DISBURSEMENTS MADE BY THE LENDER
IN ACCORDANCE WITH THE PRINCIPAL REPAYMENT SCHEDULE SET FORTH IN ANNEX C
HERETO, AND SHALL PAY INTEREST SEMIANNUALLY ON 30 JUNE AND 31 DECEMBER
COMMENCING 30 JUNE 1975, AT THE RATE OF SEVEN AND SEVEN/EIGHTS PERCENT
(7-7/8% PER ANNUM, USING A 365 DAY FACTOR, ON THE AMOUNT BY WHICH FROM
TIME TO TIME CUMULATIVE DISBURSEMENT EXCEED CUMULATIVE REPAYMENTS OF
PRINCIPAL.
(B) IF ON ANY INSTALLMENT REPAYMENT DATE SET FORTH IN THE PRINCIPAL
REPAYMENT SCHEDULE THE BORROWER SHALL NOT HAVE AVAILED ITSELF OF THE
COMMITMENT OF THE LENDER IN AN AGGREGATE AMOUNT (LESS REPAYMENTS
PREVIOUSLY MADE) EQUAL TO THE AGGREGATE INSTALLMENT OF PRINCIPAL WHICH
IS REPAYABLE ON SUCH DATE TO THE LENDER, THE BORROWER SHALL, ON SUCH
INSTALLMENT DATE, REPAY TO THE LENDER THE FULL AMOUNT (LESS REPAYMENTS
PREVIOUSLY MADE) TO WHICH IT HAS AVAILED ITSELF OF THE COMMITMENT OF THE
LENDER TO SUCH DATE, TOGETHER WITH THE INTEREST ACCRUED THEREON. IF AT
ANY TIME THEREAFTER THE BORROWER SHALL AVAIL ITSELF OF THE COMMITMENT OF
THE LENDER IN AN AMOUNT WHICH WOULD HAVE BEEN PAYABLE ON A PRIOR
INSTALLMENT REPAYMENT DATE BUT FOR THE PROVISIONS OF THE IMMEDIATELY
PRECEDING SENTENCE, SUCH AMOUNT, TOGETHER WITH THE INTEREST ACCRUED
THEREON, SHALL BE REPAYABLE ON THE NEXT SUCCEEDING INSTALLMENT DATE OF
THE PRINCIPAL REPAYMENT SCHEDULE OCCURRING AFTER THE DISBURSEMENT OF
SUCH AMOUNT AND THE SAID AGGREGATE INSTALLMENT OF PRINCIPAL REPAYABLE
UNDER THE PRINCIPAL REPAYMENT SCHEDULE TO THE LENDER ON THAT DATE SHALL
BE INCREASED BY SUCH AMOUNT.
(C) IF BY THE DATE SPECIFIED IN PARAGRAPH 2 ABOVE, THE BORROWER SHALL
NOT HAVE ENTERED INTO AUTHORIZED PURCHASE ARRANGEMENTS IN AN AGGREGATE
AMOUNT EQUAL TO THE ENTIRE AMOUNT OF THE COMMITMENT, THE INSTALLMENTS OF
PRINCIPAL REPAYABLE TO THE LENDER SET FORTH IN THE PRINCIPAL REPAYMENT
SCHEDULE SHALL BE REDUCED IN THE INVERSE ORDER OF THE MATURITY THEREOF
TO THE EXTENT OF THE UNUSED BALANCE OF THE COMMITMENT.
(D) WHENEVER ANY REPAYMENT TO BE MADE BY THE BORROWER SHALL BE DUE ON
A SATURDAY, SUNDAY, OR PUBLIC HOLIDAY UNDER THE LAWS OF THE LENDER, SUCH
REPAYMENT MAY BE MADE ON THE NEXT SUCCEEDING BUSINESS DAY, AND SUCH
EXTENSION OF TIME SHALL IN SUCH CASE BE INCLUDED IN COMPUTING INTEREST
IN CONNECTION WITH SUCH REPAYMENT BUT EXCLUDED FROM THE NEXT INTEREST
PERIOD.
(E) THE BORROWER MAY PREPAY THE CREDIT EXTENDED UNDER THIS AGREEMENT
IN PART OR IN FULL ON ANY INTEREST PAYMENT DATE WITHOUT PENALTY OR
PREMIUM, BUT SUCH PREPAYMENT MUST BE ACCOMPANIED BY PAYMEN OF INTEREST
ON THE AMOUNT PREPAID TO THE DATE OF PREPAYMENT AND MUST BE APPLIED TO
THE SATISFACTION OF INSTALLMENTS OF PRINCIPAL REPAYMENTS IN THE INVERSE
ORDER OF THEIR MATURITIES.
(F) ALL REPAYMENTS BY THE BORROWER ON ACCOUNT OF PRINCIPAL OR
INTEREST SHALL BE IN LAWFUL MONEY OF THE UNITED STATES OF AMERICA AND IN
IMMEDIATELY AVAILABLE FUNDS, FREE AND CLEAR OF, AND WITHOUT DEDUCTION
FOR, ANY AND ALL TAXES, LEVIES, IMPOSTS, DEDUCTIONS AND WITHHOLDINGS
WHATSOEVER IMPOSED, LEVIED, COLLECTED OR ASSESSED WITH RESPECT THERETO
BY ANY CENTRAL OR LOCAL AUTHORITY OF __________.
7.(A) THE NOTES SHALL BE FURTHER EVIDENCE OF THE OBLIGATION OF THE
BORROWER TO REPAY THE LOANS MADE HEREUNDER. EACH NOTE SHALL BE DATED
THE PARTICULAR DISBURSEMENT DATE OF THE LOAN WHICH SUCH NOTE EVIDENCES,
SHALL BE PAYABLE TO THE ORDER OF THE GOVERNMENT OF THE UNITED STATES IN
THE PRINCIPAL AMOUNT OF SUCH DISBURSEMENT, AND SHALL BEAR INTEREST ON
THE UNPAID PRINCIPAL AMOUNT THEREOF AS PROVIDED IN PARAGRAPH 6(A).
(B) THE NOTES SHALL BE COMPLETED BY THE BORROWER IN SUCH A MANNER
THAT REPAYMENT OF SUCH LOANS SHALL BE MADE IN THE ORDER OF THEIR
DISBURSEMENT, UTILIZING THE PRINCIPAL REPAYMENT SCHEDULE SET FORTH IN
ANNEX C (AS THE SAME MAY BE ADJUSTED IN ACCORDANCE WITH PARAGRAPHS 6(B)
AND (C) HEREOF), AND, IN DETERMINING WHETHER A PARTICULAR LOAN IS
REPAYABLE IN ONE OR MORE INSTALLMENTS, UTILIZING A PARTICULAR
INSTALLMENT PAYMENT DATE ONLY AFTER THE FULL UTILIZATION OF THE NEXT
PRECEDING INSTALLMENT DATE.
(C) EACH NOTE SHALL BE SIGNED ON BEHALF OF THE BORROWER BY THE
ARGENTINE MILITARY ATTACHE IN WASHINGTON.
8.(A) THE BORROWER REPRESENTS AND WARRANTS THAT THE MAKING AND
PERFORMANCE OF THIS AGREEMENT HAV BEEN DULY AUTHORIZED IN ACCORDANCE
WITH THE LAWS OF ARGENTINA AND SHALL FURNISH TO THE LENDER UPON REQUEST
EVIDENCE, SATISFACTORY TO THE LENDER, OF THE AUTHORITY OF THE PERSON OR
PERSONS WHO HAVE SIGNED THIS AGREEMENT ON BEHALF OF THE BORROWER AND OF
THE PERSON OR PERSONS WHO WILL SIGN THE NOTE PROVIDED FOR HEREIN ON
BEHALF OF THE BORROWER, TOGETHER WITH THE AUTHENTICATED SPECIMEN
SIGNATURE, IN DUPLICATE, OF EACH OF THE LATTER.
(B) THIS AGREEMENT SHALL INURE TO THE BENEFIT OF THE HOLDERS OF THE
NOTES, THEIR RESPECTIVE SUCCESSORS AND ASSIGNS. THIS AGREEMENT AND THE
NOTES SHALL BE DEEMED TO BE CONTRACTS UNDER THE LAW OF THE DISTRICT OF
COLUMBIA AND FOR ALL PURPOSES SHALL BE CONSTRUED IN ACCORDANCE WITH SAID
LAW. THE BORROWER AGREES THAT JURISDICTION MAY BE TAKEN BY COURTS IN
THE DISTRICT OF COLUMBIA WITH RESPECT TO MATTERS INVOLVING ANY NOTE,
PROVIDED SUCH NOTE IS HELD BY AN INDIVIDUAL, PARTNERSHIP, CORPORATION,
OR OTHER PRIVATE LEGAL ENTITY.
(C) THE BORROWER SHALL IN ALL CASES PAY WHEN AND AS DUE THE PRINCIPAL
OF AND INTEREST ON ALL NOTES ISSUED HEREUNDER, NOTWITHSTANDING ANY
CLAIMS WHICH THE BORROWER MAY NOW OR HEREAFTER HAVE AGAINST ANY SUPPLIER
OF THE DEFENSE ITEMS, DOD, THE LENDER, OR ANY OTHER PERSON OR ENTITY IN
CONNECTION WITH ANY OTHER TRANSACTION, FOR ANY REASON WHATSOEVER.
9. UPON THE OCCURRENCE OF ANY OF THE FOLLOWING EVENTS OF DEFAULT:
(A) IF THE BORROWER FAILS FOR A PERIOD OF TEN (10) DAYS TO MAKE ANY
PAYMENT OF PRINCIPAL OF, OR INTEREST ON, ANY NOTE WHEN DUE;
(B) IF ANY REPRESENTATION OR WARRANTY MADE BY THE BORROWER HEREIN OR
ANY CERTIFICATE FURNISHED B THE BORROWER PURSUANT HERETO PROVES TO BE AT
ANY TIME INCORRECT IN ANY MATERIAL RESPECT; OR
(C) IF THE BORROWER DEFAULTS IN THE PERFORMANCE OF ANY OTHER TERM,
EOVENANT OR UNDERTAKING CONTAINED IN THIS CREDIT AGREEMENT, AND SUCH
DEFAULT SHALL CONTINUE UNREMEDIED FOR 30 DAYS AFTER WRITTEN NOTIFICATION
THEREOF SHALL HAVE BEEN GIVEN TO THE BORROWER BY THE LENDER; THEN, AND
IN ANY SUCH EVENT, THE HOLDER OF ANY NOTE MAY DECLARE IMMEDIATELY DUE
AND PAYABLE THE UNPAID PRINCIPAL OF, AND ACCRUED INTEREST ON, ANY OR ALL
NOTES HELD BY SUCH HOLDER AND SUCH AMOUNTS SHALL BECOME IMMEDIATELY DUE
AND PAYABLE WITHOUT PROTEST, PRESENTMENT, NOTICE OR OTHER DEMAND OF ANY
KIND, ALL O WHICH ARE HEREBY EXPRESSLY WAIVED BY THE BORROWER, AND THE
LENDER MAY TERMINATE ITS COMMITMENT HEREUNDER.
(D) THIS PARAGRAPH WILL ONLY BE OPERATIVE AFTER OFFICIAL VERIFICATION
WITH THE BORROWER THAT A D FACTO DEFAULT SITUATION EXISTS AND NOT AN
ADMINISTRATIVE DELAY OR OVERSIGHT.
10. ALL COMMUNICATIONS AND OTHER DOCUMENTS REQUIRED OR PERMITTED
HEREUNDER, UNLESS SUBMITTED IN THE ENGLISH LANGUAGE, SHALL BE
ACCOMPANIED BY ONE ENGLISH TRANSLATION FOR EACH COPY OF SUCH DOCUMENTS
TO BE FURNISHED AND, IN THE EVENT OF CONFLICT, THE ENGLISH VERSION SHALL
GOVERN. EXCEPT AS OTHERWISE PROVIDED HEREIN, ALL NOTICES, REQUESTS OR
DEMANDS HEREUNDER SHALL BE DEEMED TO HAVE BEEN GIVEN OR MADE UPON THE
MAILING OF THE SAME, POSTAGE PREPAID, OR IN THE CASE OF TELEGRAPHIC
NOTICE, ON DELIVERY TO THE TELEGRAPHIC COMPANY, ADDRESSED IN THE CASE OF
THE BORROWER, TO THE MILITARY ATTACHE, ARGENTINE EMBASSY, WASHINGTON,
D.C. AND IN THE CASE OF THE LENDER TO THE DIRECTOR DEFENSE SECURITY
ASSISTANCE AGENCY, THE PENTAGON, WASHINGTON, D.C. 20301.
11. THIS AGREEMENT MAY BE EXECUTED IN ANY NUMBER OF COUNTERPARTS AND
BY THE PARTIES HERETO ON SEPARATE COUNTERPARTS, EACH OF WHICH SHALL BE
DEEMED AN ORIGINAL BUT ALL SUCH COUNTERPARTS TO CONSTITUTE ONE AND THE
SAME INSTRUMENT.
12. ANNEXES A THROUGH C ATTACHED HERETO ARE, BY THIS REFERENCE, MADE
A PART OF THIS AGREEMENT.
13. THIS AGREEMENT IS EXECUTED IN BOTH THE ENGLISH AND SPANISH
LANGUAGES. IN CASE OF CONFLICT, THE ENGLISH VERSION WILL GOVERN.
IN WITNESS WHEREOF, THE PARTIES HERETO HAVE DULY EXECUTED THIS
AGREEMENT 21ST DAY OF JUNE 1974.
GOVERNMENT OF ARGENTINA
(SIGNED)
BY CARLOS A. MALATTO
GENERAL DE BRIGADA (RE), DIRECTOR
GENERAL DE LOGISTICA, MINISTERIO DE DEFENSA
GOVERNMENT OF THE UNITED STATES OF AMERICA
(SIGNED)
BY JOHN G. WAGGENER
MAJOR GENERAL, USA, COMMANDER,
U.S. MILITARY GROUP, ARGENTINA
ANNEX A AND A2
PAYMENT PROCEDURES
THE FOLLOWING PROCEDURES AND CONDITIONS SHALL BE ADHERED TO PRIOR TO
EACH DISBURSEMENT TO BE MADE BY THE GOVERNMENT OF THE UNITED STATES FOR
THE ACCOUNT OF THE GOVERNMENT OF __________ .
1. THE SUPPLIER SHALL PREPARE AND SUBMIT TO THE DESIGNATED
REPRESENTATIVES OF THE GOVERNMENT OF __________ IN WASHINGTON, D.C.
INVOICES ON U.S. STANDARD FORM 1034 IN SUFFICIENT NUMBER OF COPIES T
PERMIT THE FORWARDING OF FOUR COPIES TO THE DISBURSING OFFICER
DESIGNATED IN PARAGRAPH 5 BELOW.
2. THE SUPPLIER SHALL INSURE THAT EACH INVOICE IS IN ACCORDANCE WITH
RELEVANT PROVISIONS OF ITS PURCHASE ARRANGEMENT WITH THE GOVERNMENT OF
__________.
3. THE SUPPLIER SHALL ATTACH TO EACH INVOICE A STATEMENT THAT
AUTHORIZED REPRESENTATIVES OF THE GOVERNMENT OF THE UNITED STATES SHALL,
UNTIL THE EXPIRATION OF THREE YEARS AFTER FINAL PAYMENT HEREUNDER, HAVE
ACCESS TO AND THE RIGHT TO EXAMINE ANY DIRECTLY RELATED PERTINENT BOOKS,
DOCUMENTS, PAPERS AND RECORDS OF THE SUPPLIER INVOLVING TRANSACTIONS
RELATING TO THE AFORESAID PURCHASE ARRANGEMENT.
4. TO THE EXTENT THAT ANY INVOICE REQUESTS PAYMENT OF ADVANCES, AS
DISTINGUISHED FROM PAYMENT FO DELIVERY OF DEFENSE ITEMS OR REIMBURSEMENT
IN THE FORM OF PROGRESS PAYMENTS FOR WORK OR SERVICES PERFORMED, THE
SUPPLIER SHALL ATTACH TO THE INVOICE A STATEMENT SETTING FORTH THE
UNDERTAKING OF TH SUPPLIER THAT THE FULL AMOUNT OF THE ADVANCE WILL BE
MAINTAINED BY THE SUPPLIER IN A SEGREGATED ACCOUNT WHICH WILL BE APPLIED
SOLELY TO THE PERFORMANCE OF THE SUPPLIER'S OBLIGATIONS UNDER THE
PURCHASE ARRANGEMENT.
5. THE DESIGNATED REPRESENTATIVE OF THE GOVERNMENT OF __________ IN
WASHINGTON, D.C. SHALL FORWARD SUCH INVOICES TO THE COMPTROLLER, DEFENSE
SECURITY ASSISTANCE AGENCY, THE PENTAGON, WASHINGTON, D.C. 20301.
6. EACH INVOICE SHALL BE ACCOMPANIED BY A CERTIFICATION OF THE
GOVERNMENT OF __________ AS FOLLOWS:
THE GOVERNMENT OF __________ CONFIRMS (THAT THE DEFENSE ITEMS SET
FORTH HEREIN HAVE BEEN SATISFACTORILY RECEIVED BY OR FOR THE GOVERNMENT
OF __________)(THAT THE WORK OR SERVICES FOR WHICH PROGRESS PAYMENTS ARE
REQUESTED HAVE BEEN SATISFACTORILY RENDERED)(THAT PAYMENT IS OTHERWISE
DUE) UNDER ITS PURCHASE ARRANGEMENT OF __________ FOR THE PURCHASE OF
DEFENSE ITEMS FROM SUPPLIER, AND CERTIFIES THAT THE BILL IS CORRECT AND
JUST AND THAT PAYMENT THEREFOR HAS NOT BEEN MADE. PAYMENT O THIS
INVOICE IS REQUESTED BY THE MINISTRY OF DEFENSE OF THE GOVERNMENT OF
__________ PURSUANT TO TH TERMS OF THE CREDIT AGREEMENT OF __________
BETWEEN THE __________ OF THE GOVERNMENT OF __________ AND THE
GOVERNMENT OF THE UNITED STATES OF AMERICA. THE GOVERNMENT OF
__________ CONFIRMS THAT SAI PURCHASE ARRANGEMENT IS ONE OF THE PURCHASE
ARRANGEMENTS AUTHORIZED BY THE DEPARTMENT OF DEFENSE OF THE UNITED
STATES OF AMERICA PURSUANT TO THE AFORESAID CREDIT AGREEMENT OF
__________ AND FURTHER CONFIRMS THAT THE CUMULATIVE TOTAL OF THIS
INVOICE AND INVOICES PREVIOUSLY PAID BY THE GOVERNMENT O THE UNITED
STATES AGAINST SAID PURCHASE ARRANGEMENT DOES NOT EXCEED THE AGGREGATE
CREDIT CEILING ESTABLISHED BY THE GOVERNMENT OF THE UNITED STATES FOR
THE SAID PURCHASE ARRANGEMENT.
GOVERNMENT OF __________
BY __________
(TITLE) __________
ANNEX B AND B2
PROMISSORY NOTE
U.S. $ __________, WASHINGTON, D.C.
FOR VALUE RECEIVED, THE UNDERSIGNED, THE GOVERNMENT OF __________
(HEREIN CALLED "__________"), HEREBY PROMISES TO PAY TO THE ORDER OF THE
GOVERNMENT OF THE UNITED STATES OF AMERICA (HEREIN CALLE "UNITED
STATES") THE PRINCIPAL SUM OF __________ UNITED STATES DOLLARS (U.S. $
__________) AS FOLLOWS:
TOGETHER WITH INTEREST ON ANY AND ALL AMOUNTS REMAINING UNPAID
HEREUNDER FROM TIME TO TIME FROM THE DATE HEREOF UNTIL THIS NOTE SHALL
BE PAID IN FULL, PAYABLE SEMIANNUALLY ON __________ AND __________ OF
EACH YEAR FROM DATE HEREOF AT THE RATE OF _____ PER CENT PER ANNUM
(_____%) USING A 365 DAY FACTOR, BOTH PRINCIPAL AND INTEREST TO BE
PAYABLE IN LAWFUL MONEY OF THE UNITED STATES OF AMERICA AT THE U.S. ARMY
FINANCE COMPTROLLER INFORMATION SYSTEMS COMMAND, ATTN: MILITARY
ASSISTANCE/SALES ACCOUNTING DIVISION, 1000 INDEPENDENCE AVENUE, S.W.,
WASHINGTON, D.C. 20314. ALL PAYMENTS MADE ON ACCOUNT OF THE PRINCIPAL
AMOUNT REMAINING UNPAID HEREUNDER SHALL BE ENDORSED BY TH HOLDER ON THE
REVERSE SIDE OF THIS NOTE.
WHENEVER ANY PAYMENT TO BE MADE SHALL BE DUE ON A SATURDAY, SUNDAY,
OR A PUBLIC HOLIDAY UNDER THE LAWS OF THE GOVERNMENT OF THE UNITED
STATES, SUCH PAYMENT MAY BE MADE ON THE NEXT SUCCEEDING BUSINESS DAY,
AND SUCH EXTENSION OF TIME SHALL IN SUCH CASE BE INCLUDED IN COMPUTING
INTEREST IN CONNECTION WITH SUCH PAYMENT BUT EXCLUDED FROM THE NEXT
INTEREST PERIOD.
THIS NOTE MAY BE PREPAID ON ANY INTEREST PAYMENT DATE. PREPAYMENTS
SHALL BE APPLIED TO THE INSTALLMENTS HEREOF IN THE REVERSE ORDER OF
THEIR MATURITY. ALL PAYMENTS OF PRINCIPAL AND INTEREST ON THIS NOTE ARE
PAYABLE IN LAWFUL MONEY OF THE UNITED STATES OF AMERICA AND IN
IMMEDIATELY AVAILABLE FUNDS, FREE AND CLEAR OF, AND WITHOUT DEDUCTION
FOR, ANY TAXES, LEVIES, IMPOSTS, DEDUCTIONS, AND WITHHOLDINGS WHATSOEVER
NOW OR HEREAFTER IMPOSED, LEVIED, COLLECTED OR ASSESSED WIT RESPECT
THERETO BY ANY CENTRAL OR LOCAL AUTHORITY OF __________ AND SHALL BE
PAID FREE FROM ALL RESTRICTIONS OF ANY CENTRAL OR LOCAL AUTHORITY OF
__________.
THE GOVERNMENT OF __________ AGREES TO PAY ALL OUT-OF-POCKET COSTS
AND EXPENSES IN CONNECTION WIT COLLECTION AFTER DEFAULT OF THIS NOTE
(INCLUDING THE REASONABLE FEES AND OUT-OF-POCKET EXPENSES OF COUNSEL) AS
WELL AS ALL STAMP AND SIMILAR TAXES, IF ANY, NOW OR HEREAFTER IN EFFECT,
AND TO SAVE TH HOLDER OF THE NOTE HARMLESS FROM ANY AND ALL LIABILITIES
WITH RESPECT TO OR RESULTING FROM ANY DELA OR OMISSION TO PAY SUCH
TAXES.
ANNEX C
PRINCIPAL REPAYMENT SCHEDULE
THE FIRST $200,000 OF DISBURSEMENTS ARE REPAYABLE ON 30 JUN 1975
THE NEXT $200,000 OF DISBURSEMENTS ARE REPAYABLE ON 31 DEC 1975
THE NEXT $300,000 OF DISBURSEMENTS ARE REPAYABLE ON 30 JUN 1976
THE NEXT $300,000 OF DISBURSEMENTS ARE REPAYABLE ON 31 DEC 1976
THE NEXT $300,000 OF DISBURSEMENTS ARE REPAYABLE ON 30 JUN 1977
THE NEXT $300,000 OF DISBURSEMENTS ARE REPAYABLE ON 31 DEC 1977
THE NEXT $400,000 OF DISBURSEMENTS ARE REPAYABLE ON 30 JUN 1978
THE NEXT $400,000 OF DISBURSEMENTS ARE REPAYABLE ON 31 DEC 1978
THE NEXT $400,000 OF DISBURSEMENTS ARE REPAYABLE ON 30 JUN 1979
THE NEXT $500,000 OF DISBURSEMENTS ARE REPAYABLE ON 31 DEC 1979
THE NEXT $500,000 OF DISBURSEMENTS ARE REPAYABLE ON 30 JUN 1980
THE NEXT $500,000 OF DISBURSEMENTS ARE REPAYABLE ON 31 DEC 1980
THE NEXT $500,000 OF DISBURSEMENTS ARE REPAYABLE ON 30 JUN 1981
THE NEXT $500,000 OF DISBURSEMENTS ARE REPAYABLE ON 31 DEC 1981
THE NEXT $600,000 OF DISBURSEMENTS ARE REPAYABLE ON 30 JUN 1982
THE LAST $600,000 OF DISBURSEMENTS ARE REPAYABLE ON 31 DEC 1982
VIETNAM 3 FEB 1973 FLITE DOCUMENT NO. 7502396
MEMORANDUM OF AGREEMENT
TO ESTABLISH A PROCEDURE FOR THE HAND RECEIPT OF RVNAF TITLED
EQUIPMENT IN THE HANDS OF US GOVERNMENT CONTRACTORS
MEMORANDUM OF AGREEMENT BETWEEN THE UNITED STATES MILITARY ASSISTANCE
COMMAND, VIETNAM AND THE JOINT GENERAL STAFF, REPUBLIC OF VIETNAM ARMED
FORCES (RVNAF) FOR HAND RECEIPT OF RVNAF EQUIPMENT FROM US MILITARY
UNITS TO US GOVERNMENT CONTRACTORS
1. AUTHORITY:
PURSUANT TO THE AUTHORITY GRANTED BY THEIR RESPECTIVE GOVERNMENTS,
THE UNITED STATES MILITARY ASSISTANCE COMMAND, VIETNAM (HQ MACV) AND THE
JOINT GENERAL STAFF, REPUBLIC OF VIETNAM ARMED FORCES (JGS, RVNAF),
ENTERS INTO THIS MEMORANDUM OF AGREEMENT.
2. PURPOSE:
THE PURPOSE OF THE MEMORANDUM OF AGREEMENT IS TO ESTABLISH A
PROCEDURE FOR THE HAND RECEIPT OF RVNAF TITLED EQUIPMENT IN THE HANDS OF
US GOVERNMENT CONTRACTORS.
3. GENERAL:
A. JGS AND MACV AGREE THAT AT SUCH TIME THAT A U.S. GOVERNMENT
CONTRACTOR ASSUMES THE MISSION AN FUNCTIONS OF A U.S. MILITARY UNIT THAT
ALL RVNAF TITLED EQUIPMENT IN THE HANDS OF THAT U.S. MILITAR UNIT, WHICH
IS UTILIZED IN THE PERFORMANCE OF THE MISSION AND FUNCTIONS TO BE
ASSUMED BY THE U.S. GOVERNMENT CONTRACTOR, WILL BE PLACED ON HAND
RECEIPT FROM RVNAF TO THE U.S. GOVERNMENT CONTRACTOR.
B. JGS AND MACV AGREE THAT POL, SUPPLY AND MAINTENANCE SUPPORT WILL
BE PROVIDED BY RVNAF ONLY FO THAT RVNAF TITLED EQUIPMENT IN THE HANDS OF
THE U.S. GOVERNMENT CONTRACTOR.
C. JGS AND MACV AGREE THAT ALL SUPPORT, TO BE PROVIDED BY RVNAF, WILL
BE COORDINATED THROUGH THE CLOSEST AREA LOGISTIC COMMAND. NO U.S.
GOVERNMENT CONTRACTOR WILL GO DIRECTLY TO AN RVNAF UNIT FOR SUPPORT
WITHOUT PRIOR COORDINATION.
D. JGS AND MACV AGREE THAT U.S. GOVERNMENT CONTRACTORS REQUIRING
SUPPORT WILL PROVIDE THEIR REQUIREMENTS TO RVNAF IN ACCORDANCE WITH THE
FORECASTING REQUIREMENTS OF EACH AREA LOGISTICS COMMAND.
E. JGS AND MACV AGREE THE RVNAF IS NOT RESPONSIBLE FOR PROVIDING
REPLACEMENT VEHICLES OR FLOAT VEHICLES FOR EQUIPMENT WHICH IS DEADLINED
REQUIRING MAINTENANCE OR REPAIR PARTS.
F. JGS AND MACV AGREE THAT UPON APPROVAL OF THIS MEMORANDUM OF
UNDERSTANDING THAT THE CONTENTS O THE MEMORANDUM OF UNDERSTANDING WILL
BE DISSEMINATED TO U.S. ELEMENTS CONCERNED, ARVN AREA LOGISTIC COMMANDS
AND CONTRACT ADMINISTRATION OFFICE, VIETNAM.
G. JGS AND MACV AGREE THE RVNAF WILL HAND RECEIPT INDIVIDUAL WEAPONS
TO U.S. GOVERNMENT CONTRACTOR PERSONNEL PERFORMING SECURITY DUTIES AND
WEAPONS WILL ONLY BE UTILIZED IN PERFORMANCE OF THESE DUTIES. THIS
AGREEMENT IS CONTINGENT UPON RECEIPT OF THE FOLLOWING INFORMATION FROM
THE U.S. GOVERNMENT CONTRACTOR:
1) NAME OF EMPLOYEES CONCERNED.
2) COMPLETE JOB TITLE.
3) IDENTIFICATION CARD NUMBER OF EACH EMPLOYEE CONCERNED.
4) DATE EMPLOYEE CONCERNED HIRED BY THE U.S. GOVERNMENT CONTRACTOR.
5) VALID RVNAF SECURITY CLEARANCE FOR EACH EMPLOYEE CONCERNED.
H. JGS AND MACV AGREE THAT RVNAF WILL NOT BE RESPONSIBLE FOR ANY
CLAIMS ARISING OUT OF USE OF RVNAF TITLED EQUIPMENT BY U.S. GOVERNMENT
CONTRACTORS.
I. JGS AND MACV AGREE THAT U.S. GOVERNMENT CIVILIAN CONTRACTOR
PERSONNEL ARE SUBJECT TO CRIMINAL JURISDICTION OF THE REPUBLIC OF
VIETNAM.
4. SUPPLY:
A. INITIAL ISSUE OF EQUIPMENT WILL BE PROVIDED FROM THE EQUIPMENT
PRESENTLY IN THE HANDS OF THE UNITED STATES MILITARY UNIT.
B. REPLACEMENT ISSUES OF EQUIPMENT WILL BE REQUISITIONED THROUGH THE
RVNAF LOGISTICS SYSTEM. TH RVNAF LOGISTICS SYSTEM MAY REQUISITION
REPLACEMENTS ON A ONE FOR ONE BASIS FROM U.S. LOGISTICS SYSTEM, SUBJECT
TO ARTICLE 7 OF THE AGREEMENT ON ENDING THE WAR AND RESTORING PEACE IN
VIETNAM.
C. POL, REPAIR PARTS AND SPARE PARTS WILL BE PROVIDED THROUGH THE
RVNAF LOGISTICS SYSTEM IN ACCORDANCE WITH EXISTING RVNAF PROCEDURES.
D. EXCESS POL OR REPAIR PARTS WILL BE RETURNED TO THE RVNAF SUPPLY
SYSTEM.
5. MAINTENANCE:
A. OPERATOR MAINTENANCE WILL BE THE RESPONSIBILITY OF THE U.S.
GOVERNMENT CONTRACTOR WHO IS ASSIGNED THE EQUIPMENT.
B. ORGANIZATION AND HIGHER LEVEL MAINTENANCE SUPPORT WILL BE PROVIDED
BY THE RVNAF SUPPORT ORGANIZATIONS DESIGNATED BY THE AREA LOGISTICS
COMMANDER.
6. PRIORITY OF SUPPORT:
SUPPLY AND MAINTENANCE ACTION IN SUPPORT OF U.S. GOVERNMENT EQUIPMENT
WILL BE ASSIGNED A PRIORITY EQUIVALENT TO THE PRIORITY WHICH WOULD BE
ASSIGNED TO THE SUPPORT OF RVNAF EQUIPMENT.
7. OTHER CONDITIONS:
A. ANY PROVISION OF THIS MEMORANDUM WILL BE NULL AND VOID IF
INCONSISTENT WITH ANY PROVISION OF ANY TREATY, DECLARATION OR AGREEMENT
NEGOTIATED BETWEEN THE PARTIES TO THIS AGREEMENT OR INSOFAR AS ANY
PROVISION MAY CONFLICT WITH ANY TREATY, DECLARATION OR AGREEMENT TO
WHICH THESE PARTIES ARE BOUND.
B. ANY REVISIONS OR CHANGES TO THIS MEMORANDUM WILL BE AS AGREED TO
BY HQ MACV AND JGS/RVNAF. SUCH REVISIONS OR CHANGES WILL BE IN WRITING,
SIGNED BY COMPETENT AUTHORITY, AND WILL BECOME AN ATTACHMENT TO THE
BASIC MEMORANDUM.
C. THIS MEMORANDUM OF AGREEMENT IS EFFECTIVE 3 FEBRUARY 1973
CONTINGENT UPON SIGNATURE OF BOTH PARTIES.
SIGNED SIGNED
DONG VAN KHUYEN JOHN E. MURRAY
LIEUTENANT GENERAL, ARVN MAJOR GENERAL, USA
DEPUTY CHIEF OF STAFF FOR DIRECTOR OF LOGISTICS
LOGISTICS
JOINT GENERAL STAFF HEADQUARTERS, UNITED STATES
REPUBLIC OF VIETNAM ARMED FORCES MILITARY ASSISTANCE COMMAND,
SAIGON, VIETNAM VIETNAM
VIETNAM 14 NOV 1972 FLITE DOCUMENT NO. 7502395
MEMORANDUM OF UNDERSTANDING
TRANSFER OF U.S. GOVERNMENT-FURNISHED EQUIPMENT TO REPUBLIC OF
VIETNAM ARMED FORCES
1. IT IS HEREBY MUTUALLY AGREED THAT BY AUTHORITY CONTAINED IN
CINCPAC MESSAGES 290610Z OCT 72 AND 010434Z NOV 72 AND IN CONSONANCE
WITH THE SPIRIT AND INTENT OF MEMORANDUM OF UNDERSTANDING DATE 15 AUG 72
BETWEEN MG JACK C. FUSON, DIRECTOR OF LOGISTICS, MACV AND MG DONG VAN
KHUYEN, DCSLOG, JGS RVNAF, TITLE TO ALL US GOVERNMENT-FURNISHED
EQUIPMENT (GFE) ON THE PROPERTY BOOKS, ON THE ACCOUNTABLE PROPERTY
RECORDS OR IN THE CUSTODY OF CONTRACTORS PERFORMING SERVICES FOR THE US
GOVERNMENT UNDER THE CONTRACTS LISTED IN ATTACHMENT "A", IS HEREBY
TRANSFERRED TO THE REPUBLIC OF VIETNAM ARMED FORCES.
2. IT IS FURTHER AGREED THAT THE ABOVE-REFERENCED EQUIPMENT SHALL
REMAIN IN THE CUSTODY AND CONTROL OF, AND SHALL BE ACCOUNTED FOR BY,
CONTRACTORS CURRENTLY UTILIZING IT UNDER PRESENT CONTRACTS, OR IN THE
CUSTODY AND CONTROL OF CONTRACTORS REQUIRING IT FOR FUTURE CONTRACTS,
UNTIL SUCH TIME AS THE PROPERTY SHALL NO LONGER BE REQUIRED FOR USE BY
US GOVERNMENT CONTRACTORS OR FOR SUCH OTHER USE AS THE US GOVERNMENT MAY
REQUIRE.
3. TITLE TO THE ABOVE-REFERENCED EQUIPMENT SHALL PASS TO RVNAF UPON
THE EXECUTION OF THIS DOCUMENT BY THE AUTHORIZED REPRESENTATIVES OF THE
GOVERNMENTS OF THE UNITED STATES OF AMERICA AND THE REPUBLIC OF VIETNAM.
SIGNED SIGNED
C. E. MILES JR. PHAM KY LOAN
COLONEL, USA COLONEL
CHIEF, JOINT LOGISTICS ADVISORY CHIEF OF STAFF
DIVISION
AUTHORIZED REPRESENTATIVE, USA CENTRAL LOGISTICS COMMAND
14 NOV 1972 14 NOV 1972
I. PA&E, INC II. VINNELL CORPORATION
DAJB11-71-C-0308 DAJB11-71-C-0309
DAJB11-71-C-0357 DAJB11-72-C-0023
DAJB11-72-C-0006 DAJB11-72-C-0031
DAJB11-72-C-0125 DAJB11-72-C-0092
DAJB11-72-C-0317 DAJB11-72-C-0101
DAJB11-72-C-0334 DAJB11-72-C-0119
DAJB11-73-C-0010 (AF) DAJB11-72-C-0131
DAJB11-73-C-0012 (AF) DAJB11-72-C-0333
DAJB11-73-C-0026 DAJB11-73-C-0022
DAJB11-73-C-0049
III. ALL OTHERS
DAJB11-72-C-0318 CENTRAL NAVIGATION & TRADING CO.
DAJB11-71-C-0345 PHILCO FORD
DAJB11-71-C-0356 KOREA SAMLIN ENG. CO.
DAJB11-71-D-0362 THAN LOI
DAAJ01-71-C-0413 NHA, INC.
DAJB09-72-C-0003 ASSO AMERICAN ENGINEERS OVERSEAS, INC.
DAJB11-72-C-0065 ASSO AMERICAN ENGINEERS OVERSEAS, INC.
DAJB11-72-C-0102 SEALANTIC, INC.
DAJB11-72-C-0119 VIETNAM PROJECTS
DAJB17-72-C-0210 KOKUSAI KOGYO CO., LTD.
DAJB11-72-C-0305 TIEN DAT CO., LTD.
DAJB11-72-C-0308 PACIFIC ALLIED CORP.
DAJB11-72-C-0311 CENTRAL NAVIGATION & TRADING CO.
DAJB11-72-C-0313 TIEN DAT CO., LTD.
DAJB11-72-C-0319 SEALANTIC, INC.
DAAJ01-72-C-0450 LEAR SIEGLER, INC.
DAJB11-72-D-0001 CENTRAL NAVIGATION & TRADING CO.
DAJB11-72-D-0087 DAE WON ENTERPRISES CO., LTD.
DAJB11-72-D-0128 ALASKA BARGE & TRANSPORT CO.
DAJB11-72-D-0306 ESSO EASTERN, INC.
DAJB17-72-D-0636 INT'L DAIRY ENG. CO. OF ASIA
DAJB17-72-D-0637 INT'L DAIRY ENG. CO.
DAJB11-73-C-0018 SAIGON VAN TAI CO. (AF)
DAJB11-73-D-0015 WORLD WIDE DEV. CO. (AF)
DAJB11-73-D-0016 WORLD WIDE DEV. CO. (AF)
NOTE: GFE UTILIZED UNDER USAF CONTRACTS IDENTIFIED BY (AF) IS
INCLUDED IN THE TITLE TRANSFER ONL IF IT IS OWNED BY THE US ARMY.
IT IS HEREBY MUTUALLY AGREED TO AMEND THE MEMORANDUM OF UNDERSTANDING
DATED 14 NOVEMBER 1972 CONCERNING THE TITLE TRANSFER OF ALL U.S.
GOVERNMENT FURNISHED EQUIPMENT (GFE) PRESENTLY IN THE HANDS OF U.S.
CONTRACTOR AS FOLLOWS:
A. PARAGRAPH 1 IS CHANGED TO READ:
IT IS HEREBY MUTUALLY AGREED THAT BY THE AUTHORITY CONTAINED IN
CINCPAC MESSAGE 290610Z OCT 72 AN 010434Z NOV 72 AND IN CONSONANCE WITH
THE SPIRIT AND INTENT OF THE MEMORANDUM OF UNDERSTANDING DATE 15 AUG 72
BETWEEN MG JACK C. FUSON, DIRECTOR OF LOGISTICS MACV AND MG DONG VAN
KHUYEN, DCSLOG, JGS, RVNAF, TITLE TO ALL U.S. GOVERNMENT FURNISHED
EQUIPMENT (GFE) ON THE PROPERTY BOOKS, ON THE PROPERT RECORDS OR IN THE
CUSTODY OF CONTRACTORS PERFORMING SERVICES FOR THE U.S. GOVERNMENT UNDER
THE CONTRACTS LISTED IN ATTACHMENT "A", EXCEPT FOR THE ITEMS LISTED IN
ATTACHMENT "B" IS HEREBY TRANSFERRED TO THE REPUBLIC OF VIETNAM ARMED
FORCES. IT IS ALSO MUTUALLY AGREED TO VOID ANY PREVIOUS TITLE TRANSFER
DOCUMENTATION FOR EQUIPMENT PRESENTLY IN THE PHYSICAL POSSESSION OF THE
U.S CONTRACTORS LISTED AT ATTACHMENT "A" WHICH MAY HAVE BEEN PREVIOUSLY
TITLE TRANSFERRED UNDER ANY OTHER PRIOR AGREEMENTS.
B. THE FOLLOWING IS ADDED AT THE END OF PARAGRAPH 2:
THE U.S. CONTRACT ADMINISTRATION OFFICE VIETNAM, WILL PROVIDE RVNAF
CENTRAL LOGISTICS COMMAND WIT AN ADP LISTING OF ALL EQUIPMENT TITLE
TRANSFERRED UNDER THE PROVISIONS OF THIS AGREEMENT.
C. PARAGRAPH 3 IS CHANGED TO READ:
TITLE TO THE ABOVE REFERENCED EQUIPMENT SHALL PASS TO RVNAF ON 26
JANUARY 1973 CONTIGENT UPON SIGNATURE OF BOTH PARTIES.
D. ATTACHMENT "A" IS SUPERSEDED BY THE REVISED ATTACHMENT "A",
ATTACHED.
E. ADD ATTACHMENT "B" WHICH CONTAINS A LIST OF SPECIFIC ITEMS NOT TO
BE TITLE TRANSFERRED.
SIGNED SIGNED
C. E. MILES JR. PHAM KY LOAN
COL, USA COLONEL
CHIEF, JOINT LOGISTICS ADVISORY CHIEF OF STAFF
DIVISION
AUTHORIZED REPRESENTATIVE, USA CENTRAL LOGISTICS COMMAND
26 JANUARY 1973 26 JANUARY 1973
I CONTRACT CONTRACTOR
DAJB11-72-C-0006 PAE
DAJB11-72-C-0125 PAE
DAJB11-72-C-0334 PAE
DAJB02-72-C-0002 PAE
DAJB11-73-C-0026 PAE
DAJB04-73-C-0041 PAE
DAJB11-73-C-0049 PAE
II CONTRACT CONTRACTOR
DAJB11-71-C-0309 VINNELL
DAJB11-72-C-0023 VINNELL
DAJB11-72-C-0031 VINNELL
DAJB11-72-C-0092 VINNELL
DAJB11-72-C-0101 VINNELL
DAJB11-72-C-0119 VINNELL
DAJB11-72-C-0131 VINNELL
DAJB11-72-C-0333 VINNELL
DAJB11-73-C-0003 VINNELL
DAJB02-73-C-0005 VINNELL
DAJB02-73-C-0006 VINNELL
DAJB11-73-C-0022 VINNELL
DAJB11-73-C-0025 VINNELL
MST-OT-35(X) ALASKA BARGE & TRANSPORT, INC.
DAJB11-72-D-0128 AB&T
DAJB11-72-C-0003 ASSO. AM. ENGRS.
DAJB11-72-D-0087 DAE WAN
DAJB11-72-D-0306 ESSO EASTERN
DAJB17-72-D-0636 INTL'L. DAIRIES
DAJB17-72-D-0637 INTL'L. DAIRIES
DAJB17-72-C-0210 KOKUSAI KOGYO
DAJB01-72-C-0450 LEAY SIEGLER
DAJB01-71-C-0413 N.H.A., INC.
DAJB11-72-C-0308 PACIFIC ALLIED
DAJB11-72-C-0319 SEALANTIC
DAJB04-73-C-0052 SEALANTIC
DAJB11-72-C-0305 TIEN DAT
DAJB11-72-C-0313 TIEN DAT
DAEA18-71-C-0024 FEDERAL ELECTRIC CORP
DAAK01-71-C-3213 DYNALECTRON CORP
USAF SERVICES*
CONTRACT CONTRACTOR
DAJB11-73-C-0010 PAE
DAJB11-73-C-0012 PAE
*TITLE TO GFE ON THESE CONTRACTS IS TRANSFERRED ONLY IF PROPERTY WAS
OWNED BY U.S. ARMY.
LEASED COMPUTERS AN/ASM-189, A, B, C
AN/TPS-58 (RATAC) AN/ASM-190, A, B, C
AN/GVQ-10 INTERGRATED OBSERVATION SYSTEM AN/URC-10, A
AN/TSQ-70 RT-278A/URC
AN/RSQ-71 AN/ASN-86
AN/TSQ-72 AN/TSC-61A
AN/ARN-52 AN/TSC-63
C-2010/ARN-52 AN/MSC-53A
RT-384/ARN-52 JUNGLE FATIGUES
AN/ARN-103 KHAKI UNIFORMS
AN/ASQ-132 LTC JUD PAGE (WATERCRAFT)
AN/FSQ-75 (V) 1, 2, 3 FLOATING MAINTENANCE SHOP 789
AN/ARA-50 T-2 POWER BARGES
AN/APR-27 16MM CINEMASCOPE LENSES
AN/APR-25 (V) UNITED STATES FLAGS
AN/APR-26 (V) IBM SELECTRIC TYPEWRITERS
AN/URC-68 DA NANG MILK PLANT
AN/ASM-339 V (MC-2) AN/PRT-4
AN/ARC-149 TF-146/G
AN/ARC-121 (PALLETIZED) AN/GRC-122
AN/GRN-6 AN/PRC-77
AN/TRN-25 AN/GRC-160
AN/APX-93 AN/MGC-17
AN/ASC-15 DRUG TESTING AND
AN/ASM-146, A, B MEDICAL SUPPLIES AND EQUIPMENT
AN/ASM-147, B DENTAL ENCORE UNITS WITH
ALL COMSEC EQUIPMENT, ASSOCIATED SPARE PARTS AND TEST EQUIPMENT.
ALL NON-COMSEC AUTOSEVOCOM EQUIPMENT, ASSOCIATED SPARE PARTS, AND
TEST EQUIPMENT.
ALL AUTODIN EQUIPMENT ASSOCIATED SPARE PARTS, AND TEST EQUIPMENT.
ALL EMERGENCY ACTION CONSOLE (EAC) EQUIPMENT, ASSOCIATED SPARE PARTS,
AND TEST EQUIPMENT.
ALL KEY TELEPHONE SYSTEMS, AND SYSTEM PECULIAR SPARE PARTS AND TEST
EQUIPMENT.
ALL SECOND-GENERATION ARMY AREA COMMUNICATION SYSTEM (AACOMS)
EQUIPMENT, SYSTEM PECULIAR SPARE PARTS AND TEST EQUIPMENT, AND ANTENNAE.
(AN/TRC-129A, 111, 132, (ILLEGIBLE).
ALL GOVERNMENT RENTAL AUTOMATIC DATA PROCESSING EQUIPMENT (ADPE) AND
PERIPHERAL EQUIPMENT.
ALL EQUIPMENT FOR RETROGRADE BY THE FEC-COMMUNICATIONS ASSET RECOVERY
DIVISION (CARD) AFTER THIS DATE.
ALL AN/TRC-90 ANTENNAE AND ANTENNAE PARTS.
ALL PHU LAM PABX EQUIPMENT.
ALL COMMUNICATIONS-ELECTRONICS ASSETS, TO INCLUDE ANTENNAE, OF THE
QUANG TRI CONTINGENCY PACKAGE.
ALL EXCESS TEST MEASURING AND DIAGNOSTIC EQUIPMENT (TMDE) CURRENTLY
IDENTIFIED AND SEGREGATED AT THE AREA MAINTENANCE AND SUPPLY FACILITY
(AMSF).
ALL COMMUNICATIONS-ELECTRONICS ASSETS, TO INCLUDE ANTENNAE, OF THE
QUI NHON CAPITOL ICS SITE (#92).
ALL EQUIPMENT TO BE DEINSTALLED IN ACCORDANCE WITH ENGINEERING
SERVICE CHANGE ORDERS (ESCO) NUMBERS:
101CV-101
101CV-102
101CV-103
101CV-104
101CV-105
101CV-108
101CV-110
101CV-112
101CV-113
101CV-123
101CV-124
ALL LONG BINH RADIO PARK TECHNICAL CONTROL FACILITY EQUIPMENT.
ALL AUDIO VISUAL AND PHOTOGRAPHIC EQUIPMENT AND RELATED PARTS AND
SUPPLIES.
ALL MACV OPTICAL CHARACTER READERS, (OCR) SPARE PARTS AND TEST
EQUIPMENT.
ALL EQUIPMENT PRESENTLY IN LONG BINH CABLE YARD IDENTIFIED AS FEC
ENGINEER ESBERG CONTINGENCY, BASIC ICS CONTINGENCY, AN/FRC-109
CONTINGENCY, DA NANG/PHU BAI UPGRADE, OR SAGAMI DEPOT.
ALL ASSETS OF SITES 75A AND 96 (A, B, C).
ALL OTHER SERVICE ASSETS WHICH WILL BE ADDRESSED BY OWNING SERVICE
TRANSFERS/EXCEPTIONS.
ALL AMARS/TRU EQUIPMENT, ASSOCIATED SPARE PARTS AND TEST EQUIPMENT.
SIX (6) TACTICAL AIR CONDITIONERS, SIX (6) 60KW TACTICAL GENERATORS,
SIX (6) 30KW TACTICAL GENERATORS.
VIETNAM 10 NOV 1972 FLITE DOCUMENT NO. 7502394
AGREEMENT
TRANSFER AGREEMENT BETWEEN SEVENTH AIR FORCE (7AF) AND THE ARMY OF
THE REPUBLIC OF VIETNAM (ARVN) RELATING TO THE UNDERSEAS CABLE LINK,
77JQ04, BETWEEN VUNG TAW AND CAM RANH BAY CABLEHEAD TERMINALS
TRANSFER AGREEMENT BETWEEN SEVENTH AIR FORCE (7AF) AND THE ARMY OF
THE REPUBLIC OF VIETNAM (ARVN)
REFERENCE: MEMORANDUM OF UNDERSTANDING, DATED 23 SEP 71, BETWEEN THE
UNITED STATES MILITARY ASSISTANCE COMMAND, VIETNAM (MACV), AND THE JOINT
GENERAL STAFF, REPUBLIC OF VIETNAM ARMED FORCES (JGS/RVNAF).
1. IN ACCORDANCE WITH AND SUBJECT TO THE TERMS OF THE REFERENCED
MEMORANDUM OF UNDERSTANDING AND SUBJECT TO THE CONDITIONS DEFINED
HEREIN, 7AF, AN AGENCY OF THE UNITED STATES GOVERNMENT, HEREBY
TRANSFERS, AND THE ARVN, AN AGENCY OF THE GOVERNMENT OF VIETNAM, ACCEPTS
TITLE TO: THE UNDERSEAS CABLE LINK, 77JQ04, BETWEEN VUNG TAU AND CAM
RANH BAY CABLEHEAD TERMINALS; THE VUNG TAU 439L EQUIPMENT ASSOCIATED
WITH THIS CABLE LINK; ALL POWER GENERATORS, AIR CONDITIONING EQUIPMENT,
TEST EQUIPMENT, REAL PROPERTY, AND SUPPORT EQUIPMENT ASSOCIATED WITH THE
VUNG TAU 439L CABLEHEAD FACILITY. TITLE TO THE UNDERSEAS CABLE LINKS
77JQ02 AND 77JQ03, TO NHA TRANG AND SATTAHIP THAILAND CABLEHEAD
TERMINALS RESPECTIVELY, AND ASSOCIATED 439L EQUIPMENT WILL BE RETAINED
BY THE U.S.
2. BY THE SIGNATURE OF THE REPRESENTATIVES HEREON, THE ARVN
ACKNOWLEDGES TITLE TO THE IN-COUNTRY PORTION OF THE VUNG TAU 439L
CABLEHEAD FACILITY. THE ARVN AGREES TO CONTINUE TO PROVIDE, FREE OF
CHARGE TO THE U.S., PHYSICAL CUSTODY, COMMAND AND CONTROL OF THIS ENTIRE
CABLEHEAD FACILITY. THE U.S. WILL RELINQUISH CUSTODY, COMMAND AND
CONTROL OF THAT PORTION OF THE FACILITY FOR WHICH ARVN HOLDS TITLE, AT A
TIME MUTUALLY AGREED TO BY U.S. AND ARVN. AT THAT TIME, A FINAL JOINT
U.S. AND ARVN PHYSICAL INVENTORY WILL BE CONDUCTED AND ANY DEVIATIONS
FOUND WILL BE CORRECTED.
3. THE ARVN AGREES TO U.S. RETENTION OF TITLE, PHYSICAL CUSTODY,
COMMAND, AND CONTROL OF THE OUT-OF-COUNTRY PORTION OF THIS FACILITY.
THE ARVN AGREES TO FREE AND COMPLETE U.S. ACCESS TO THIS EQUIPMENT;
INGRESS AND EGRESS RIGHTS; PROVISIONS OF COMMON SUPPORT IN THE FORM OF
POWER, AIR-CONDITIONING, TOOLS, TEST EQUIPMENT, SECURITY, PARTS,
MAINTENANCE, STORAGE; AND SOLE USE OF TWO TRAILERS FOR AS LONG AS THERE
IS A U.S. REQUIREMENT. THE U.S. AND ARVN AGREE THAT SHOULD THE U.S.
DETERMINE THAT THE EQUIPMENT, FOR WHICH U.S. HOLDS TITLE, IS NO LONGER
REQUIRED IT MAY BE RECOVERED AND SHIPPED OUT OF VIETNAM.
4. AUTHORITY: TITLE TO THE FACILITY DESCRIBED ABOVE IS TRANSFERRED
TO THE ARVN IN ACCORDANCE WITH COMUSMACV 8 NOV 72 LETTER, SUBJECT:
TRANSFER OF MAJOR C-E FACILITIES.
5. CHANGES TO THE AGREEMENT:
A. THIS AGREEMENT BECOMES NULL AND VOID IF IN CONFLICT WITH ANY
TREATY, DECLARATION OR AGREEMENT SUBSEQUENTLY NEGOTIATED BETWEEN THE
RESPECTIVE GOVERNMENTS OF THE UNITED STATES OF AMERICA AND THE REPUBLIC
OF VIETNAM.
B. ANY REVISIONS OR CHANGES TO THIS AGREEMENT WILL BE AS AGREED TO BY
ALL PARTIES. SUCH REVISIONS OR CHANGES WILL BE IN WRITING, SIGNED BY
COMPETENT AUTHORITY AND WILL BECOME AN ATTACHMEN TO THE BASIC AGREEMENT.
C. ANY CHANGE IN OWNERSHIP OR CONTROL OF THIS FACILITY WILL REQUIRE
RENEGOTIATION OF THIS AGREEMENT WITH APPROPRIATE U.S. CIVIL OR MILITARY
AUTHORITIES.
6. AGREEMENT REVIEW: THIS AGREEMENT WILL BE REVIEWED AT LEAST
ANNUALLY FOR ESSENTIALITY AND CURRENCY.
7. EFFECTIVE DATE: THIS AGREEMENT BECOMES EFFECTIVE WHEN ALL
PARTIES LISTED BELOW HAVE CONCURRE IN THE AGREEMENT AND SO INDICATE BY
SIGNATURE. DATE OF LAST SIGNATORY 10 NOV 72.
SIGNED SIGNED
BUI TRONG HUYNH, COLONEL TELFORD S. EGGLESTON, COL, USAF
CHIEF OF ARVN SIGNAL DEPARTMENT DIRECTOR C & E, 7AF
ARMY OF THE REPUBLIC OF VIETNAM UNITED STATES AIR FORCE
DISTRIBUTION: TABLE OMITTED
VIETNAM 10 NOV 1972 FLITE DOCUMENT NO. 7502393
AGREEMENT
TO TRANSFER THE OWNERSHIP, OPERATION, AND MAINTENANCE RESPONSIBILITY,
AS APPROPRIATE, OF COMMUNICATIONS-ELECTRONICS FACILITIES OF THE UNITED
STATES AIR FORCE THAT WERE SCHEDULED FOR TRANSFER TO THE VIETNAMESE AIR
FORCE AS AUTHORIZED BY COMUSMACV
AGREEMENT BETWEEN THE UNITED STATES AIR FORCE AND THE VIETNAMESE AIR
FORCE
PURPOSE: THE PURPOSE OF THIS AGREEMENT IS TO TRANSFER THE OWNERSHIP,
OPERATION, AND MAINTENANCE RESPONSIBILITY, AS APPROPRIATE, OF
COMMUNICATIONS-ELECTRONICS FACILITIES OF THE UNITED STATES AIR FORCE
(USAF) THAT WERE SCHEDULED FOR TRANSFER TO THE VIETNAMESE AIR FORCE
(VNAF) AS AUTHORIZED BY COMUSMACV.
SCOPE: THIS SPECIFIC AGREEMENT COVERS THE TRANSFER OF THE TACANS AT
QUANG TRI AND DAK TO. MASF RCN 72CD64/Y2CD67 APPLIES. THE TRANSFER OF
ALL STRUCTURES, FACILITIES, AND OTHER IMPROVEMENTS TO THE LAND CARRIES
WITH IT ALL THE RIGHTS OF OWNERSHIP, UNRESTRICTED USE, AND POSSESSION.
FACILITY DESCRIPTION: FOR THE PURPOSES OF THIS AGREEMENT THE TACAN
AT EACH LOCATION CONSISTS OF ONE AN/TRN-6.
GENERAL: AS OF THE TIME OF THIS AGREEMENT, THESE TWO TACANS WERE
LOCATED IN ENEMY HELD TERRITORY AND THEIR CONDITION WAS UNKNOWN. THEY
WERE NO LONGER BEING CARRIED ON USAF SUPPLY RECORDS. HOWEVER, BY THE
SIGNING OF THIS AGREEMENT THE VIETNAMESE AIR FORCE ACKNOWLEDGES
OWNERSHIP OF THESE FACILITIES. SHOULD IT BE DETERMINED AT A LATER DATE
THAT AUTHORIZED US ASSISTANCE CONCERNING THESE FACILITIES IS REQUIRED,
THE VIETNAMESE AIR FORCE MAY MAKE THIS REQUIREMENT KNOWN THROUGH
APPROPRIAT CHANNELS.
LOGISTICS: ACTION TO DOCUMENT THE PHYSICAL CUSTODY OF THIS EQUIPMENT
WILL BE EXECUTED BY THE VNA CHIEF OF SUPPLY THROUGH A CEMO-DIRECTED
CHANGE TO THE VNAF EAID WITHIN SEVEN (7) WORKING DAYS OF TH SIGNING OF
THIS AGREEMENT.
OPERATION AND MAINTENANCE: THE OPERATION AND MAINTENANCE OF THESE
FACILITIES WILL BE THE RESPONSIBILITY OF THE VNAF.
CONSUMMATION: THIS AGREEMENT WILL BE CONSUMATED WHEN ALL APPROPRIATE
AND DULY AUTHORIZED PARTIES HAVE AFFIXED THEIR SIGNATURE HERETO.
CHANGES TO THE AGREEMENT:
A. THIS AGREEMENT BECOMES NULL AND VOID IF IN CONFLICT WITH ANY
TREATY, DECLARATION OR AGREEMENT SUBSEQUENTLY NEGOTIATED BETWEEN THE
RESPECTIVE GOVERNMENTS OF THE UNITED STATES OF AMERICA AND THE REPUBLIC
OF VIETNAM.
B. ANY REVISIONS OR CHANGES TO THIS AGREEMENT WILL BE AS AGREED TO BY
ALL PARTIES. SUCH REVISIONS OR CHANGES WILL BE IN WRITING, SIGNED BY
COMPETENT AUTHORITY AND WILL BECOME AN AMENDMENT TO THE BASIC AGREEMENT.
C. ANY CHANGE IN OWNERSHIP OR CONTROL OF THIS FACILITY WILL REQUIRE
RENEGOTIATION OF THIS AGREEMENT WITH APPROPRIATE U.S. CIVIL OR MILITARY
AUTHORITY.
AGREEMENT REVIEW: THIS AGREEMENT WILL BE REVIEWED AT LEAST ANNUALLY
FOR ESSENTIALITY AND CURRENCY.
EFFECTIVE DATE: THIS AGREEMENT BECOMES EFFECTIVE WHEN ALL PARTIES
LISTED BELOW HAVE CONCURRED IN THE AGREEMENT AND SO INDICATE BY
SIGNATURE. DATE OF LAST SIGNATORY 10 NOVEMBER 1972.
(SIGNATURES OMITTED)
(DISTRIBUTION TABLE OMITTED)
VIETNAM 10 NOV 1972 FLITE DOCUMENT NO. 7502392
AGREEMENT
TO ESTABLISH SPECIFIC CONDITIONS FOR THE OWNERSHIP TRANSFER OF
AN/MPN-13, SN162, FROM USAF TO THE VNAF
AGREEMENT BETWEEN THE UNITED STATES AIR FORCE AND THE VIETNAMESE AIR
FORCE
PURPOSE: THE PURPOSE OF THIS AGREEMENT IS TO ESTABLISH SPECIFIC
CONDITIONS FOR THE OWNERSHIP TRANSFER OF AN/MPN-13, SN162, FROM THE USAF
TO THE VNAF.
GENERAL: THE AN/MPN-13, SN162, HAS BEEN AUTHORIZED FOR OPERATIONAL
USE AT TAN SON NHUT AIR BASE TO PROVIDE PRECISION RADAR CAPABILITY WHEN
THE ASR-7 IS COMMISSIONED AND THE USAF OWNED AN/MPN-14 I SUBSEQUENTLY
REMOVED.
ARTICLE 1. OPERATION: THE VNAF AGREES TO: A. OPERATE THE AN/MPN-13
AT TAN SON NHUT AIR BASE UNTIL SUCH TIME AS THE VNAF PAR-2 AND DCA ASR-7
ARE COMMISSIONED. B. PERFORM PERIODIC AND SPECIAL FLIGHT INSPECTIONS
AS REQUIRED.
ARTICLE 2. MAINTENANCE: MAINTENANCE OF THE GCA WILL BE ACCOMPLISHED
BY THE VNAF WITH ASSISTANCE PROVIDED BY U.S. CONTRACTORS.
ARTICLE 3. LOGISTICS: APPROPRIATE SUPPLY ACTION DOCUMENTING THE
PHYSICAL TRANSFER OF EQUIPMENT FROM USAF TO THE VNAF WILL BE EXECUTED BY
THE AUTHORIZED SUPPLY OFFICERS OF THE RESPECTIVE AIR FORCES WITHIN SEVEN
(7) WORKING DAYS OF THE SIGNING OF THIS AGREEMENT.
ARTICLE 4. CONSUMMATION: THIS AGREEMENT WILL BE CONSUMMATED WHEN
ALL APPROPRIATE AND DULY AUTHORIZED PARTIES HAVE AFFIXED THEIR SIGNATURE
HERETO.
ARTICLE 5. CHANGES TO THE AGREEMENT:
A. THIS AGREEMENT BECOMES NULL AND VOID IF IN CONFLICT WITH ANY
TREATY, DECLARATION OR AGREEMENT SUBSEQUENTLY NEGOTIATED BETWEEN THE
RESPECTIVE GOVERNMENTS OF THE UNITED STATES OF AMERICA AND THE REPUBLIC
OF VIETNAM.
B. ANY REVISIONS OR CHANGES TO THIS AGREEMENT WILL BE AS AGREED TO BY
ALL PARTIES. SUCH REVISIONS OR CHANGES WILL BE IN WRITING, SIGNED BY
COMPETENT AUTHORITY AND WILL BECOME AN AMENDMENT TO THE BASIC AGREEMENT.
C. ANY CHANGE IN OWNERSHIP OR CONTROL OF THIS FACILITY WILL REQUIRE
RENEGOTIATION OF THIS AGREEMENT WITH APPROPRIATE U.S. CIVIL OR MILITARY
AUTHORITY.
ARTICLE 6. AGREEMENT REVIEW: THIS AGREEMENT WILL BE REVIEWED AT
LEAST ANNUALLY FOR ESSENTIALITY AND CURRENCY.
ARTICLE 7. EFFECTIVE DATE: THIS AGREEMENT BECOMES EFFECTIVE WHEN
ALL PARTIES LISTED BELOW HAVE CONCURRED IN THE AGREEMENT AND SO INDICATE
BY SIGNATURE. DATE OF LAST SIGNATORY 10 NOV 1972.
(SIGNATURES OMITTED)
(DISTRIBUTION TABLE OMITTED)
VIETNAM 10 NOV 1972 FLITE DOCUMENT NO. 7502391
AGREEMENT
TRANSFER AGREEMENT BETWEEN SEVENTH AIR FORCE (7AF) AND THE VIETNAMESE
AIR FORCE (VNAF)
TRANSFER AGREEMENT BETWEEN SEVENTH AIR FORCE (7AF) AND THE VIETNAMESE
AIR FORCE (VNAF)
REFERENCE: MEMORANDUM OF UNDERSTANDING, DATED 23 SEP 71, BETWEEN THE
UNITED STATES MILITARY ASSISTANCE COMMAND, VIETNAM (MACV), AND THE JOINT
GENERAL STAFF, REPUBLIC OF VIETNAM ARMED FORCES (JGS/RVNAF).
1. IN ACCORDANCE WITH AND SUBJECT TO THE TERMS OF THE REFERENCED
MEMORANDUM OF UNDERSTANDING AND SUBJECT TO THE CONDITIONS DEFINED
HEREIN, THE 7AF, AN AGENCY OF THE UNITED STATES GOVERNMENT, HEREB
TRANSFERS, AND THE VNAF, AN AGENCY OF THE GOVERNMENT OF VIETNAM, ACCEPTS
TITLE TO: THE UNDERSEAS CABLE LINK 77JQ06, BETWEEN NHA TRANG AND QUI
NHON (ILLEGIBLE) CABLEHEAD TERMINALS; THE NHA TRANG 439L EQUIPMENT
ASSOCIATED WITH THIS CABLE LINK; ALL POWER GENERATORS, AIR CONDITIONING
EQUIPMENT, TEST EQUIPMENT, REAL PROPERTY, AND SUPPORT EQUIPMENT
ASSOCIATED WITH THE NHA TRANG 439L CABLEHEAD FACILITY. TITLE TO THE
UNDERSEAS CABLE LINKS 77JQ02 AND 77DQ01, TO VUNG TAU AND SAN MIGUEL
CABLEHEAD TERMINALS RESPECTIVELY, AND ASSOCIATED 439L EQUIPMENT WILL BE
RETAINED BY THE U.S.
2. BY THE SIGNATURE OF THE REPRESENTATIVES HEREON, THE VNAF
ACKNOWLEDGES TITLE TO THE INCOUNTRY PORTION OF THE NHA TRANG 439L
CABLEHEAD FACILITY. THE VNAF AGREES TO CONTINUE TO PROVIDE, FREE OF
CHARGE TO THE U.S., PHYSICAL CUSTODY, COMMAND AND CONTROL OF THE ENTIRE
CABLE LINK FACILITY. THE U.S. WILL RELINQUISH CUSTODY, COMMAND AND
CONTROL OF THAT PORTION OF THE FACILITY FOR WHICH VNAF HOLDS TITLE, AT A
TIME MUTUALLY AGREED TO BY U.S. AND VNAF. AT THAT TIME, A FINAL JOINT
U.S. AND VNAF PHYSICAL INVENTORY WILL BE CONDUCTED AND ANY DEVIATIONS
FOUND WILL BE CORRECTED.
3. THE VNAF AGREES TO U.S. RETENTION OF TITLE, PHYSICAL CUSTODY,
COMMAND AND CONTROL OF THE OUT-OF-COUNTRY PORTION OF THIS FACILITY. THE
VNAF AGREES TO FREE AND COMPLETE U.S. ACCESS TO THIS EQUIPMENT; INGRESS
AND EGRESS RIGHTS; PROVISIONS OF COMMON SUPPORT IN THE FORM OF POWER,
AIR-CONDITIONING, TOOLS, TEST EQUIPMENT, SECURITY, PARTS, MAINTENANCE,
AND STORAGE FOR AS LONG AS THERE IS A U.S. REQUIREMENT. THE U.S. AND
VNAF AGREE THAT SHOULD THE U.S. DETERMINE THAT THE EQUIPMENT, FOR WHICH
U.S. HOLDS TITLE, IS NO LONGER REQUIRED IT MAY BE RECOVERED AND SHIPPED
OUT OF VIETNAM.
4. AUTHORITY: TITLE TO THE FACILITY DESCRIBED ABOVE IS TRANSFERRED
TO THE VNAF IN ACCORDANCE WITH COMUSMACV 8 NOV 72 LETTER, SUBJECT:
TRANSFER OF MAJOR C-E FACILITIES.
5. CHANGES TO THE AGREEMENT:
A. THIS AGREEMENT BECOMES NULL AND VOID IF IN CONFLICT WITH ANY
TREATY, DECLARATION OR AGREEMENT SUBSEQUENTLY NEGOTIATED BETWEEN THE
RESPECTIVE GOVERNMENTS OF THE UNITED STATES OF AMERICA AND THE REPUBLIC
OF VIETNAM.
B. ANY REVISIONS OR CHANGES TO THIS AGREEMENT WILL BE AS AGREED TO BY
ALL PARTIES. SUCH REVISIONS OR CHANGES WILL BE IN WRITING, SIGNED BY
COMPETENT AUTHORITY AND WILL BECOME AN ATTACHMEN TO THE BASIC AGREEMENT.
C. ANY CHANGE IN OWNERSHIP OR CONTROL OF THIS FACILITY WILL REQUIRE
RENEGOTIATION OF THIS AGREEMENT WITH APPROPRIATE U.S. CIVIL OR MILITARY
AUTHORITIES.
6. AGREEMENT REVIEW: THIS AGREEMENT WILL BE REVIEWED AT LEAST
ANNUALLY FOR ESSENTIALITY AND CURRENCY.
7. EFFECTIVE DATE: THIS AGREEMENT BECOMES EFFECTIVE WHEN ALL
PARTIES LISTED BELOW HAVE CONCURRE IN THE AGREEMENT AND SO INDICATE BY
SIGNATURE. DATE OF LAST SIGNATORY 10 NOV 1972.
(SIGNATURES OMITTED)
(DISTRIBUTION TABLE OMITTED)
VIETNAM 10 NOV 1972 FLITE DOCUMENT NO. 7502390
AGREEMENT
THIS AGREEMENT PROVIDES FOR THE OWNERSHIP TRANSFER OF THE NHA TRANG
TANDEM SWITCHING CENTER IN ACCORDANCE WITH MEMORANDUM OF UNDERSTANDING
BETWEEN UNITED STATES MILITARY ASSISTANCE COMMAND VIETNAM AND THE JOINT
GENERAL STAFF, REPUBLIC OF VIETNAM ARMED FORCES, DATED 23 SEPTEMBER 1971
AGREEMENT BETWEEN THE UNITED STATES AIR FORCE AND THE VIETNAMESE AIR
FORCE
SCOPE & PURPOSE: THIS AGREEMENT PROVIDES FOR THE OWNERSHIP TRANSFER
OF THE NHA TRANG TANDEM SWITCHING CENTER IN ACCORDANCE WITH MEMORANDUM
OF UNDERSTANDING BETWEEN THE UNITED STATES MILITARY ASSISTANCE COMMAND
VIETNAM AND THE JOINT GENERAL STAFF, REPUBLIC OF VIETNAM ARMED FORCES,
DATED 23 SEPTEMBER 1971.
IMPLEMENTATION: THIS AGREEMENT WILL BE IMPLEMENTED WHEN SIGNED BY
THE RESPONSIBLE PARTIES REPRESENTING THE USAF AND VNAF.
FACILITY DESCRIPTION: FOR THE PURPOSE OF THIS AGREEMENT, THE TANDEM
SWITCH CONSISTS OF BUILDING 2645 AND ALL EQUIPMENT LOCATED THEREIN AND
LISTED UNDER EQUIPMENT IN THIS AGREEMENT.
EQUIPMENT:
NOMENCLATURE FSN QTY
TANDEM SWITCH 5805-ND025209H 1
FAN CIRC N/OSCI 4140-833-5068 1
MULTIMETER 6625-045-8162 1
TEST SET 6625-539-8033 1
METER FREQ AN/TSM-16 6625-679-5486 1
MULTIMETER 6625-724-4111 1
OSCILLATOR AUDIO HP 6625-725-8406 1
TEST SET MEASURING 6625-814-1512YA 1
VOLTMETER VRM 105 6625-824-6316 1
VOLTMETER 6625-911-0744 1
AUTHORITY: THIS FACILITY IS TURNED OVER/TRANSFERRED AS AUTHORIZED BY
COMUSMACV/MACCE 090206Z MSG
MASF RCN: Y3TE72; MAP ELEMENT CODE: 3MAB APPLY.
PHYSICAL CUSTODY COMMAND AND CONTROL: IN ACCORDANCE WITH THE BASIC
MEMORANDUM OF UNDERSTANDING BETWEEN THE UNITED STATES MILITARY
ASSISTANCE COMMAND VIETNAM AND THE JOINT GENERAL STAFF, REPUBLIC OF
VIETNAM ARMED FORCES WHICH THIS TRANSFER AGREEMENT SUPPORTS AND IN
ACCORDANCE WITH THE PROVISION THEREOF, BY THE SIGNATURES OF ITS
REPRESENTATIVES THE VNAF ACKNOWLEDGE OWNERSHIP AND TITLE TO THE ABOVE
FACILITY. THE VNAF AGREES TO CONTINUE TO PROVIDE, FREE OF CHARGE TO THE
USAF, PHYSICAL CUSTODY, COMMAND AND CONTROL OF THIS FACILITY. THE USAF
WILL RELINQUISH CUSTODY, COMMAND AND CONTROL OF THIS FACILITY AT A TIME
MUTUALLY AGREED TO BY THE VNAF AND THE USAF. AT THAT TIME, A JOINT
USAF/VNAF INVENTORY WILL BE CONDUCTED AND ANY DEVIATIONS FOUND WILL BE
CORRECTED.
CHANGES TO THE AGREEMENT:
A. THIS AGREEMENT BECOMES NULL AND VOID IF IN CONFLICT WITH ANY
TREATY, DECLARATION OR AGREEMENT SUBSEQUENTLY NEGOTIATED BETWEEN THE
RESPECTIVE GOVERNMENTS OF THE UNITED STATES OF AMERICA AND THE REPUBLIC
OF VIETNAM.
B. ANY REVISIONS OR CHANGES TO THIS AGREEMENT WILL BE AS AGREED TO BY
ALL PARTIES. SUCH REVISIONS WILL BE IN WRITING, SIGNED BY COMPETENT
AUTHORITY AND WILL BECOME AN ATTACHMENT TO THE BASIC AGREEMENT.
C. ANY CHANGES IN OWNERSHIP OR CONTROL OF THIS FACILITY WILL REQUIRE
RENEGOTIATION OF THIS AGREEMENT.
AGREEMENT REVIEW: THIS AGREEMENT WILL BE REVIEWED AT LEAST ANNUALLY
FOR ESSENTIALITY CURRENCY.
EFFECTIVE DATE: THIS AGREEMENT BECOMES EFFECTIVE WHEN ALL PARTIES
LISTED BELOW HAVE CONCURRED AN SO INDICATE BY SIGNATURE. DATE OF LAST
SIGNATURE: 10 NOVEMBER 1972.
SIGNED SIGNED
VO XUAN LANH, BRIGADIER GENERAL, J. J. JUMPER, MAJ GEN, USAF
VNAF
DEPUTY COMMANDER CHIEF, AFGP
SIGNED SIGNED
CAO THONG MINH, COLONEL, VNAF TELFORD S. EGGLESTON, COL, USAF
DCS/C&E 7AF DIRECTOR OF C&E
DISTRIBUTION TABLE OMITTED
VIETNAM 10 NOV 1972 FLITE DOCUMENT NO. 7502389
AGREEMENT
OWNERSHIP TRANSFER OF THE PHU BAI TACAN IN ACCORDANCE WITH THE
MEMORANDUM OF UNDERSTANDING BETWEE THE UNITED STATES MILITARY ASSISTANCE
COMMAND, VIETNAM AND THE JOINT GENERAL STAFF, REPUBLIC OF VIETNAM ARMED
FORCES, DATED 23 SEPTEMBER 1971
AGREEMENT BETWEEN THE UNITED STATES AIR FORCE AND THE VIETNAMESE AIR
FORCE
PURPOSE AND SCOPE: THIS AGREEMENT PROVIDES FOR THE OWNERSHIP
TRANSFER OF THE PHU BAI TACAN IN ACCORDANCE WITH THE MEMORANDUM OF
UNDERSTANDING BETWEEN THE UNITED STATES MILITARY ASSISTANCE COMMAND,
VIETNAM AND THE JOINT GENERAL STAFF, REPUBLIC OF VIETNAM ARMED FORCES,
DATED 23 SEPTEMBER 1971.
IMPLEMENTATION: THIS AGREEMENT WILL BE IMPLEMENTED WHEN SIGNED BY
THE RESPONSIBLE PARTIES REPRESENTING THE USAF AND VNAF.
FACILITY DESCRIPTION: FOR THE PURPOSE OF THIS AGREEMENT, THE TACAN
FACILITY CONSISTS OF THE AN/TRN-6 TACAN RADIO SET, ASSOCIATED POWER
GENERATING EQUIPMENT AND ALL EQUIPMENT LISTED UNDER EQUIPMENT IN THIS
AGREEMENT.
EQUIPMENT
NOMENCLATURE FSN QTY
TACAN AN/TRN-6 58253032647 1
EMU-15EGEN 61159124730 1
EMU-15GEN 6115NC550677-F 1
MB-17GEN 61150812034 1
MA-6 AIR CONDITIONER 41205954654 1
*MA-6 AIR CONDITIONER 41205954654 1
*TRAILER M103 N/A 1
TEST SET ELECTRON 66257726106 1
FREQ METER AN/TSM-1 66256795486 1
SWEEP OSC 66259557689 1
FREQ COUNTER 66259995448 1
PLUG IN UNIT 5253B 66252263483 1
OHMETER PSM-2 66256432250 1
MULTIMETER 66256206366 1
OSCILLOSCOPE 66259711239 1
WATTMETER 66256495399 1
MULTIMETER, PSM-6 66256431686 1
PLUG IN UNIT 66256786637 1
MULTIMETER ELECTRON 66258529631 1
*EQUIPMENT IS AN INTEGRAL PART OF AN/TRN-6.
PHYSICAL CUSTODY, COMMAND AND CONTROL: IN ACCORDANCE WITH THE BASIC
MEMORANDUM OF UNDERSTANDING BETWEEN THE UNITED STATES MILITARY
ASSISTANCE COMMAND VIETNAM (MACV) AND THE JOINT GENERAL STAFF, REPUBLIC
OF VIETNAM ARMED FORCES (RVNAF) WHICH THIS TRANSFER AGREEMENT SUPPORTS,
AND IN ACCORDANCE WITH THE PROVISIONS THEREOF, BY THE SIGNATURE OF ITS
REPRESENTATIVES THE VNAF ACKNOWLEDGE OWNERSHIP AND TITLE TO THE ABOVE
FACILITY. THE VNAF AGREES TO CONTINUE TO PROVIDE, FREE OF CHARGE TO THE
USAF, PHYSICAL CUSTODY, COMMAND AND CONTROL OF THE FACILITY. THE USAF
WILL RELINQUISH CUSTODY, COMMAND AND CONTROL OF THIS FACILITY AT A TIME
MUTUALLY AGREED TO BY THE VNAF AND THE USAF. AT THA TIME, A JOINT
USAF/VNAF INVENTORY WILL BE CONDUCTED AND ANY DEVIATIONS FOUND WILL BE
CORRECTED.
AUTHORITY: THIS FACILITY IS TURNED OVER/TRANSFERRED AS AUTHORIZED BY
CONUSMAC 011002Z NOVEMBER 1972 MESSAGE, MASF RCN: Y2CB64; MAP ELEMENT
CODE: 3MAC
CHANGES TO THE AGREEMENT:
A. THIS AGREEMENT BECOMES NULL AND VOID IF IN CONFLICT WITH ANY
TREATY, DECLARATION OR AGREEMENT SUBSEQUENTLY NEGOTIATED BETWEEN THE
RESPECTIVE GOVERNMENTS OF THE UNITED STATES OF AMERICA AND THE REPUBLIC
OF VIETNAM.
B. ANY REVISIONS OR CHANGES TO THIS AGREEMENT WILL BE AS AGREED TO BY
ALL PARTIES. SUCH REVISIONS OR CHANGES WILL BE IN WRITING, SIGNED BY
COMPETENT AUTHORITY AND WILL BECOME AN ATTACHMEN TO THE BASIC AGREEMENT.
C. ANY CHANGE IN OWNERSHIP OR CONTROL OF THIS FACILITY WILL REQUIRE
RENEGOTIATION OF THIS AGREEMENT WITH APPROPRIATE U.S. CIVIL OR MILITARY
AUTHORITIES.
AGREEMENT REVIEW: THIS AGREEMENT WILL BE REVIEWED AT LEAST ANNUALLY
FOR ESSENTIALITY AND CURRENCY.
EFFECTIVE DATE: THIS AGREEMENT BECOMES EFFECTIVE WHEN ALL PARTIES
LISTED BELOW HAVE CONCURRED IN THE AGREEMENT AND SO INDICATE BY
SIGNATURE. DATE OF LAST SIGNATORY 10 NOV 1972.
SIGNED SIGNED
VO XUAN LANH, BRIGADIER GENERAL, J.J. JUMPER, MAJOR GENERAL, USAF
VNAF
DEPUTY COMMANDER CHIEF, AFGP
SIGNED SIGNED
CAO THONG MINH, COLONEL, VNAF TELFORD S. EGGLESTON, COLONEL, USAF
DCS/C&E DIRECTOR C&E, 7AF
DISTRIBUTION TABLE OMITTED
VIETNAM 4 NOV 1972 FLITE DOCUMENT NO. 7502388
AGREEMENT
THIS AGREEMENT PROVIDES FOR THE OWNERSHIP TRANSFER OF THE DA NANG,
QUIN NHON, AND CAM RANH BAY 439L CABLEHEAD FACILITIES IN ACCORDANCE WITH
THE MEMORANDUM OF UNDERSTANDING BETWEEN THE UNITED STATES MILITARY
COMMAND, VIETNAM AND THE JOINT GENERAL STAFF, REPUBLIC OF VIETNAM ARMED
FORCES, DATED 23 SEPTEMBER 1971
TRANSFER AGREEMENT BETWEEN THE UNITED STATES AIR FORCE AND THE ARMY
OF THE REPUBLIC OF VIETNAM
SCOPE AND PURPOSE: THIS AGREEMENT PROVIDES FOR THE OWNERSHIP
TRANSFER OF THE DA NANG, QUIN NHON, AND CAM RANH BAY 439L CABLEHEAD
FACILITIES IN ACCORDANCE WITH THE MEMORANDUM OF UNDERSTANDING BETWEEN
THE UNITED STATES MILITARY COMMAND, VIETNAM AND THE JOINT GENERAL STAFF,
REPUBLIC OF VIETNA ARMED FORCES, DATED 23 SEPTEMBER 1971.
IMPLEMENTATION: THIS AGREEMENT WILL BE IMPLEMENTED WHEN SIGNED BY
THE RESPONSIBLE PARTIES REPRESENTING THE USAF AND ARVN.
FACILITY DESCRIPTIONS: FOR THE PURPOSE OF THIS AGREEMENT EACH
CABLEHEAD FACILITY CONSISTS OF A CABLE TERMINATING BUILDING, A POWER
BUILDING, AND ALL EQUIPMENT LOCATED THEREIN, TO INCLUDE ALL 439
EQUIPMENT, ASSOCIATED POWER GENERATORS, AIR CONDITIONING EQUIPMENT, TEST
EQUIPMENT AND SUPPORT EQUIPMENT SUCH AS TOOL BOXES, HOUSEKEEPING ITEMS,
ETC. UNDERSEAS COMMUNICATIONS CABLES TERMINATING AT THESE FACILITIES,
AND INCLUDED IN THIS TRANSFER FOLLOW:
TRUNK DESIGNATOR A TERMINAL B TERMINAL
77JQ01 QUIN NHON TO DA NANG
77JQ05 CAM RANH BAY TO QUIN NHON
PHYSICAL CUSTODI, COMMAND AND CONTROL: IN ACCORDANCE WITH THE BASIC
MEMORANDUM OF UNDERSTANDING BETWEEN THE UNITED STATES MILITARY
ASSISTANCE COMMAND VIETNAM (MACV) AND THE JOINT GENERAL STAFF, REPUBLIC
OF VIETNAM ARMED FORCES (RVNAF) WHICH THIS TRANSFER AGREEMENT SUPPORTS,
AND IN ACCORDANCE WITH THE PROVISIONS THEREOF, BY THE SIGNATURE OF ITS
REPRESENTATIVES THE ARVN ACKNOWLEDGE OWNERSHIP AND TITLE TO THE ABOVE
FACILITIES. THE ARVN AGREES TO CONTINUE TO PROVIDE, FREE OF CHARGE TO
THE USAF, PHYSICAL CUSTODY, COMMAND AND CONTROL OF THESE FACILITIES.
THE USAF WILL RELINGUISH CUSTODY, COMMAND AND CONTROL OF THESE
FACILITIES AT A TIME MUTUALLY AGREED TO BY THE ARVN AND THE USAF. AT
THAT TIME, A JOINT USAF/ARVN INVENTORY WILL BE CONDUCTED AND ANY
DEVIATION FOUND WILL BE CORRECTED.
AUTHORITY: THIS FACILITY IS TURNED OVER/TRANSFERRED AS AUTHORIZED BY
COMUSMACV 011002Z NOV 72 MESSAGE.
CHANGES TO THE AGREEMENT:
A. THIS AGREEMENT BECOMES NULL AND VOID IF IN CONFLICT WITH ANY
TREATY, DECLARATION OR AGREEMENT SUBSEQUENTLY NEGOTIATED BETWEEN THE
RESPECTIVE GOVERNMENTS OF THE UNITED STATES OF AMERICA AND THE REPUBLIC
OF VIETNAM.
B. ANY REVISIONS OR CHANGES TO THIS AGREEMENT WILL BE AS AGREED TO BY
ALL PARTIES. SUCH REVISIONS OR CHANGES WILL BE IN WRITING, SIGNED BY
COMPETENT AUTHORITY AND WILL BECOME AN ATTACHMEN TO THE BASIC AGREEMENT.
C. ANY CHANGE IN OWNERSHIP OR CONTROL OF THIS FACILITY WILL REQUIRE
RENEGOTIATION OF THIS AGREEMENT WITH APPROPRIATE U.S. CIVIL OR MILITARY
AUTHORITIES.
AGREEMENT REVIEW: THIS AGREEMENT WILL BE REVIEWED AT LEAST ANNUALLY
FOR ESSENTIALITY AND CURRENCY.
EFFECTIVE DATE: THIS AGREEMENT BECOMES EFFECTIVE WHEN ALL PARTIES
LISTED BELOW HAVE CONCURRED IN THE AGREEMENT AND SO INDICATE BY
SIGNATURE. DATE OF LAST SIGNATORY 4 NOV 72.
SIGNED SIGNED
BUI TRONG HUYNH, COLONEL TELFORD S. EGGLESTON, COLONEL, USAF
CHIEF OF ARVN SIGNAL DEPARTMENT DIRECTOR C&E, 7AF
ARMY OF THE REPUBLIC OF VIETNAM UNITED STATES AIR FORCE
DISTRIBUTION: TABLE OMITTED
VIETNAM 20 JUL 1972 FLITE DOCUMENT NO. 7502387
AGREEMENT
TO ESTABLISH THE PROCEDURES AND RESPONSIBILITY FOR THE OPERATION AND
MAINTENANCE OF THE PRIME POWER PLANTS AND ASSOCIATED DISTRIBUTION
SYSTEMS AT BIEN HOA AIR BASE
AGREEMENT BETWEEN UNITED STATES AIR FORCE (USAF) AND THE VIETNAMESE
AIR FORCE (VNAF)
PURPOSE: THE PURPOSE OF THIS AGREEMENT IS TO ESTABLISH THE
PROCEDURES AND RESPONSIBILITY FOR THE OPERATION AND MAINTENANCE OF THE
PRIME POWER PLANTS AND ASSOCIATED DISTRIBUTION SYSTEMS AT BIEN HOA AIR
BASE.
SCOPE: THIS AGREEMENT COVERS THE CONDITIONS UNDER WHICH THE VNAF
PERSONNEL WILL UNDERGO ACTUAL WORK EXPERIENCE UNDER THE GUIDANCE OF THE
USAF CONTRACTOR IN THE OPERATION AND MAINTENANCE OF THE PRIME POWER
PRODUCTION FACILITIES AND DISTRIBUTION SYSTEM AT THE BASE STATED ABOVE.
GENERAL: THIS AGREEMENT ESTABLISHES AN UNDERSTANDING BETWEEN THE
USAF AND THE VNAF CONCERNING TH VNAF PROVIDING OF VNAF POWER PRODUCTION
AND LINEMAN PERSONNEL TO THE USAF FOR THE PURPOSE OF THEIR UNDERGOING
ACTUAL WORK EXPERIENCE IN THE AUGMENTATION OF THE CONTRACTOR'S WORK
FORCE AT BIEN HOA AI BASE.
CRITERIA: NOT PERTINENT TO THIS AGREEMENT.
DEFINITIONS:
VNAF - VIETNAMESE AIR FORCE
USAF - UNITED STATES AIR FORCE
7AF - UNITED STATES SEVENTH AIR FORCE
AFGP - UNITED STATES AIR FORCE ADVISORY GROUP
ARTICLE I: THE PRIME POWER PRODUCTION FACILITIES AND ELECTRICAL
DISTRIBUTION SYSTEM AT BIEN HOA AIR BASE CONSISTS OF:
A. PLANT #1 - EIGHT 500KW WHITE SUPERIOR UNITS WHICH WILL EVENTUALLY
BE TRANSFERRED TO THE VNAF AND THREE 1000KW NORDBERG UNITS. THE
NORDBERG UNITS WILL BE OPERATED AND MAINTAINED SOLELY BY THE CONTRACTOR
AND WILL NOT BE TRANSFERRED TO THE VNAF.
B. PLANT #2 - SIX 500KW WHITE SUPERIOR UNITS WHICH WILL EVENTUALLY BE
TRANSFERRED TO THE VNAF.
C. ALL RELATED EQUIPMENT AND ALL PRIMARY DISTRIBUTION LINES INCLUDING
DISTRIBUTION TRANSFORMERS ASSOCIATED WITH (A) AND (B).
ARTICLE II: THE USAF, THROUGH ITS CONTRACTOR WILL CONTINUE TO HAVE
THE OVERALL RESPONSIBILITY FO OPERATING AND MAINTAINING THE FACILITIES
STATED IN ARTICLE I A-C. THE NORDBERG UNITS IN PLANT #1 WILL BE MANNED
COMPLETELY BY USAF CONTRACTOR PERSONNEL.
ARTICLE III: THE VNAF WILL BE PRIMARILY RESPONSIBLE FOR OPERATING
AND MAINTAINING THE EIGHT WHIT SUPERIOR UNITS IN PLANT #1 AND THE SIX
WHITE SUPERIOR UNITS IN PLANT #2. THE USAF CONTRACTOR WILL FURNISH
ASSISTANCE AND GUIDANCE TO THE VNAF AS REQUIRED TO EFFICIENTLY AND
EFFECTIVELY OPERATE AND MAINTAIN THE POWER PRODUCTION FACILITIES AND
DISTRIBUTION SYSTEM ASSOCIATED WITH THE UNITS THE VNAF WILL OPERATE AND
MAINTAIN.
ARTICLE IV: THE USAF WILL FURNISH ALL FUELS AND LUBRICANTS FOR
OPERATION OF PLANT #1, THE SUBSTATION ASSOCIATED WITH PLANT #1, AND
PRIMARY DISTRIBUTION SYSTEM FOR PLANT #1.
ARTICLE V: THE VNAF WILL FURNISH ALL FUELS AND LUBRICANTS FOR
OPERATION OF PLANT #2, THE SUBSTATION ASSOCIATED WITH PLANT #2, AND THE
DISTRIBUTION SYSTEM FOR PLANT #2. (THIS IS AS (ILLEGIBLE) ALREADY
ESTABLISHED AGREEMENT BETWEEN THE VNAF, 7AF, AND AFGP WHICH BECOME
EFFECTIVE ON 1 AUG 1969.)
ARTICLE VI: THE USAF WILL FURNISH ALL SUPPLIES NECESSARY FOR THE
OPERATION AND MAINTENANCE OF TH POWER PLANT AND DISTRIBUTION SYSTEM
STATED IN ARTICLE I A-C EXCEPT FOR THOSE SUPPLIES TO BE FURNISHED BY THE
VNAF AS STATED IN ARTICLE V.
ARTICLE VII: THE VNAF POWER PLANT SUPERINTENDENT AND THE USAF
CONTRACTOR'S POWER PLANT SUPERINTENDENT WILL JOINTLY ACCOMPLISH
SCHEDULING AND COORDINATION FOR POWER PLANT OPERATION.
ARTICLE VIII: THE VNAF POWER PLANT SUPERINTENDENT WILL MAKE THE
FINAL DECISION HAVING TO DO WITH SCHEDULING OF VNAF POWER PRODUCTION
PERSONNEL IN THE EVENT OF A DISAGREEMENT WITH USAF CONTRACTOR'S POWER
PLANT SUPERINTENDENT CONCERNING SCHEDULING OF VNAF AS SET FORTH IN
ARTICLE VII.
ARTICLE IX: THE VNAF POWER PLANT SUPERINTENDENT WILL HAVE THE
FUNCTIONAL RESPONSIBILITY FOR OPERATION AND MAINTENANCE OF ALL WHITE
SUPERIOR UNITS AND ASSOCIATED EQUIPMENT. HE WILL BE RESPONSIBLE FOR
SCHEDULING ALL VNAF PLANT PERSONNEL AND INSURING THAT THESE PLANTS ARE
MANNED AND OPERATED AT ALL TIMES.
ARTICLE X: THE VNAF EXTERIOR ELECTRICAL (LINEMAN) SUPERINTENDENT AND
THE USAF CONTRACTOR'S EXTERIOR ELECTRICAL (LINEMAN) SUPERINTENDENT WILL
JOINTLY ACCOMPLISH DAILY WORK SCHEDULES FOR LINE CREWS.
ARTICLE XI: THE VNAF EXTERIOR ELECTRICAL (LINEMAN) SUPERINTENDENT
WILL MAKE THE FINAL DECISION HAVING TO DO WITH SCHEDULING OF VNAF
EXTERIOR ELECTRICIANS (LINEMAN) IN THE EVENT OF A DISAGREEMENT WITH THE
USAF CONTRACTOR LINE CREW SUPERINTENDENT CONCERNING SCHEDULING OF VNAF
LINE CREWS AS SET FORTH IN ARTICLE X.
ARTICLE XII: THE VNAF AGREE TO ASSIGN THOSE PERSONNEL PRESENTLY
ASSIGNED TO BIEN HOA AIR BASE UNDER TRAINING WITH THE USAF CONTRACTOR TO
THE VNAF BASE CIVIL ENGINEER FOR DUTY AT THEIR DESIGNATE POWER PLANTS.
ARTICLE XIII: THE VNAF AGREE THAT THE FOLLOWING PERSONNEL WILL
REMAIN ASSIGNED TO BIEN HOA AIR BASE UNLESS UNFORESEEN EVENTS OCCUR
WHICH REQUIRE CHANGES TO THE VNAF MANNING STRUCTURE.
2 POWER PLANT SUPERINTENDENTS
6 OPERATOR/MECHANICS
2 PLANT ELECTRICIANS
2 3RD & 4TH ECHELON MAINTENANCE MECHANICS
1 LINEMAN SUPERINTENDENT
3 LINEMAN
ARTICLE XIV: IN THE EVENT MISSION CHANGES NECESSITATE THE WITHDRAWAL
OR REASSIGNMENT OF THESE VNAF PERSONNEL, THE VNAF HEADQUARTERS CIVIL
ENGINEERING WILL NOTIFY, IN WRITING, THE USAF CONTRACT MONITOR AT LEAST
ONE WEEK IN ADVANCE OF THE PERSONNEL MOVEMENT. THE USAF CONTRACTOR MUST
THEN MAKE ARRANGEMENTS TO ADJUST HIS MANNING TO CONTINUE UNINTERRUPTED
ELECTRICAL SERVICE.
ARTICLE XV: THE PERIOD OF THE USAF CONTRACT AT BIEN HOA AIR BASE
WILL BE FROM 0001 HOURS, 1 JULY 1972, THROUGH 2400 HOURS, 30 SEPTEMBER
1972 OR UNTIL TERMINATION OF THE USAF CONTRACT WHICHEVER OCCURS SOONER.
ARTICLE XVI: THE USAF THROUGH ITS CONTRACTOR WILL HAVE THE OVERALL
RESPONSIBILITY FOR OPERATION AND MAINTENANCE OF THE PRIME POWER
PRODUCTION FACILITIES AND THE DISTRIBUTION SYSTEM AT BIEN HOA AI BASE
THROUGHOUT THE PERIOD STATED IN ARTICLE XV.
ARTICLE XVII: THIS AGREEMENT WILL BECOME EFFECTIVE UPON THE DATE OF
THE LAST SIGNATURE AND WILL TERMINATE UPON TERMINATION OF THE CONTRACT
FOR OPERATION AND MAINTENANCE OF THE POWER PLANT FOR THE AFORE MENTIONED
BASE. THIS AGREEMENT WILL BE REVIEWED QUARTERLY FOR CURRENCY AND
ESSENTIALITY.
ARTICLE XVIII: THIS AGREEMENT BECOMES IMMEDIATELY NULL AND VOID IF
IN CONFLICT WITH ANY TREATY, DECLARATION, OR AGREEMENT LATER NEGOTIATED
BETWEEN THE RESPECTIVE GOVERNMENTS OF THE UNITED STATES OF AMERICA AND
THE REPUBLIC OF VIETNAM.
ARTICLE XIX: ANY REVISIONS OR CHANGES TO THE AGREEMENT WILL BE AS
AGREED TO BY ALL PARTIES. SUC REVISIONS OR CHANGES WILL BE IN WRITING,
SIGNED BY COMPETENT AUTHORITY AND WILL BECOME AN AMENDMENT TO THE BASIC
AGREEMENT.
(ARTICLE XX: DISTRIBUTION TABLE OMITTED)
(SIGNATURES OMITTED)
VIETNAM 24 MAY 1972 FLITE DOCUMENT NO. 7502386
LETTER OF AGREEMENT
THIS AGREEMENT ESTABLISHES THE POLICIES AND PROCEDURES FOR THE
TRANSFER OF UNITED STATES AIR FORC AERIAL PORT TERMINALS TO THE
VIETNAMESE AIR FORCE AT LOCATIONS SCHEDULED FOR CLOSURE OR PHASE DOWN BY
THE USAF AND APPROVED BY THE RVNAF JGS FOR ESTABLISHMENT OF A VNAF
MILITARY AIR TRANSPORTATION TERMINAL
AERIAL PORT TRANSFER LETTER OF AGREEMENT BETWEEN THE VIETNAMESE AIR
FORCE, THE AIR FORCE ADVISORY GROUP, THE UNITED STATES AIR FORCE AND THE
MILITARY ASSISTANCE COMMAND VIETNAM
THIS AGREEMENT SUPERCEDES THE UNDATED MEMORANDUM OF UNDERSTANDING,
TRANSFER OF 2ND AERIAL PORT GROUP OPERATING LOCATIONS TO COLLOCATED VNAF
MILITARY AIR TRANSPORTATION TERMINALS.
PURPOSE: THIS AGREEMENT ESTABLISHES THE POLICIES AND PROCEDURES FOR
THE TRANSFER OF UNITED STATE AIR FORCE (USAF) AERIAL PORT TERMINALS TO
THE VIETNAMESE AIR FORCE AT LOCATIONS SCHEDULED FOR CLOSURE OR PHASE
DOWN BY THE USAF AND APPROVED BY THE RVNAF JGS FOR ESTABLISHMENT OF A
VNAF MILITAR AIR TRANSPORTATION TERMINAL.
SCOPE: THIS AGREEMENT COVERS THE RESPONSIBILITIES OF THE USAF AND
THE VNAF AS RELATED TO THE TRANSFER OF USAF AERIAL PORT TERMINALS AND
FUNCTIONS.
GENERAL: ALL INTERESTED AGENCIES HAVE AGREED IN PRINCIPLE TO THE
ASSUMPTION BY THE VNAF OF THE RESPONSIBILITY FOR THE OPERATION OF THE
AERIAL PORT FUNCTIONS IN AREAS OF THE RVN WHERE THE USAF NO LONGER HAS A
REQUIREMENT TO OPERATE AERIAL PORTS. THIS AGREEMENT IS FORMULATED TO
DEFINE ALL RESPONSIBILITIES, TO ACCOMPLISH THE TRANSFER OF
RESPONSIBILITIES, EQUIPMENT AND FACILITIES AND TO PRECLUDE ANY
MISUNDERSTANDING WHICH COULD ARISE FROM UNDEFINED RESPONSIBILITIES
DURING ALL PHASES O THE TRANSFER.
CRITERION: AERIAL PORT FUNCTIONS, EQUIPMENT AND FACILITIES AT
SELECTED LOCATIONS SHOULD BE TRANSFERRED TO THE VNAF IN A MANNER THAT
WILL ASSURE THEIR CAPABILITY TO PROVIDE CONTINUED, ADEQUAT AERIAL PORT
SERVICES TO RVNAF AND FWMAF ACTIVITIES REQUIRING SUPPORT.
DEFINITIONS:
A. MILITARY AIR TRANSPORTATION TERMINAL (MATT): THE MATT IS THE
EQUIVALENT OF THE USAF AERIAL PORT, COMBINED WITH THE AIRLIFT
TRANSPORTATION COORDINATING OFFICE (ATCO).
B. VNAF MANNING: UNIT MANNING DOCUMENT (UMD) PERSONNEL STRENGTH
AUTHORIZATIONS BASED ON THE FORECAST REQUIREMENTS FOR ON AND OFF LOAD OF
RVNAF CARGO AND PASSENGERS FROM VNAF AND FREE WORLD MILITARY ASSISTANCE
FORCES (FWMAF) TRANSPORT AIRCRAFT.
C. AERIAL PORT PROPERTY: EQUIPMENT AND FACILITIES USED IN THE
PERFORMANCE AND OPERATION OF THE AERIAL PORT FUNCTIONS.
(1) TRANSFER OF EQUIPMENT WILL BE MADE AS OUTLINED IN THE LETTER OF
AGREEMENT BETWEEN THE VIETNAMESE AIR FORCE, THE UNITED STATES AIR FORCE
AND THE AIR FORCE ADVISORY GROUP, DATED 15 DECEMBER 1969 AND ANY
AMENDMENTS THERETO, SUBJECT: ACCOMPLISHING A FORMAL TRANSFER OF EXCESS
PROPERTY TO THE VIETNAMESE AIR FORCE.
(2) THE TRANSFER OF FACILITIES WILL BE CONDUCTED AS OUTLINED IN THE
LETTER OF AGREEMENT BETWEEN THE VIETNAMESE AIR FORCE, THE UNITED STATES
AIR FORCE AND THE AIR FORCE ADVISORY GROUP, DATED 28 APRIL 1970, AND ANY
AMENDMENTS THERETO, SUBJECT: ACCOMPLISHING A FORMAL TRANSFER OF UNITED
STATES AIR FORCE FACILITIES TO THE VIETNAMESE AIR FORCE.
D. FREE WORLD MILITARY ASSISTANCE FORCES (FWMAF): ANY FREE WORLD
MILITARY ASSISTANCE/ADVISORY FORCES ACTIVELY ENGAGED IN THE SUPPORT OF
RVNAF OPERATIONS IN RVN.
E. TERMINAL SERVICES: THE FUNCTIONS NORMALLY PROVIDED BY AN AERIAL
PORT TO INCLUDE: PROCESSING OF PASSENGERS BY BOOKING, VERIFICATION OF
TRAVEL AUTHORIZATION AND MANIFESTING; LOADING AND UNLOADING OF
PASSENGERS; PROCESSING OF CARGO BY INSPECTING, VERIFICATION OF SHIPPING
DOCUMENTS, MANIFESTING AND LOADING AND UNLOADING CARGO ON TRANSPORT
AIRCRAFT.
IN ORDER TO EFFECT THE TRANSFER OF USAF AERIAL PORT FUNCTIONS AND
RESPONSIBILITIES, EQUIPMENT AND FACILITIES THE FOLLOWING ARTICLES ARE
HEREBY AGREED UPON:
ARTICLE I: THE VNAF WILL:
A. ADVISE JGS, USAF, APOG WHEN THE PERSONNEL STRENGTH, EQUIPMENT AND
VEHICLE STATUS WILL BE ADEQUATE TO SUPPORT INDEPENDENT OPERATIONS.
B. DETERMINE REQUIREMENTS FOR VEHICLES AND ADMINISTRATIVE EQUIPMENT
THAT MUST BE TRANSFERRED DIRECTLY FROM THE USAF TO THE VNAF MATT WHEN
SELECTED FOR TRANSFER. THIS ACTION WILL TAKE PLACE CONCURRENTLY WITH
THE TRANSFER OF AERIAL PORT OPERATING FUNCTIONS.
C. EVALUATE ADEQUACY OF VNAF'S MAINTENANCE AND SPARE PARTS CAPABILITY
TO SUPPORT TRANSFERRED 463 EQUIPMENT.
D. DESIGNATE QUALIFIED VNAF REPRESENTATIVE(S) TO SERVE AS
COORDINATOR(S) FOR THE TRANSFER PROGRAM. COORDINATOR(S) WILL ALSO
PARTICIPATE IN FINAL EVALUATION OF THE MATT'S SELF-SUFFICIENCY.
E. BASED ON AN ANALYSIS OF THE ABOVE CONSIDERATIONS, RECOMMEND TO JGS
LOCATIONS AND DATES FOR TRANSFER TO THE VNAF.
F. INSURE THAT ALL MATT DRIVERS RECEIVE ADEQUATE AND CONTINUING
TRAINING ON 463L FORKLIFTS TO BE USED IN ON AND OFF LOADING OF CARGO
AIRCRAFT.
G. ASSUME THE RESPONSIBILITY FOR THE ON AND OFF LOADING OF RVNAF
PASSENGERS AND CARGO ARRIVING A ALL MATT'S ON BOTH VNAF AND FWMAF
AIRCRAFT.
H. NEGOTIATE WITH THE RVNAF HOST BASE SERVICE FOR THE VNAF USE OF ANY
REAL PROPERTY OCCUPIED BY THE USAF AERIAL PORT UNITS CONCURRENT WITH
TRANSFER OF OPERATIONS FROM THE USAF TO THE VNAF.
I. COORDINATE WITH APPROPRIATE RVNAF JGS AGENCIES TO INSURE FULL
LOCAL SUPPORT OF THE AERIAL POR TRANSFER PROGRAM.
ARTICLE II: THE AIR FORCE ADVISORY GROUP WILL:
A. ASSIST AND ADVISE THE VNAF IN COORDINATING ALL MATTERS ASSOCIATED
WITH THIS AGREEMENT.
B. IN CONJUNCTION WITH THE VNAF, ASSIST THE USAF IN IDENTIFYING
PERSONNEL REQUIRED FOR DUTY AT MATT'S WHICH ARE TRANSFERRED TO THE VNAF.
COORDINATE LOGISTICAL SUPPORT FOR THESE PERSONNEL TO INCLUDE POSTAL
SERVICE.
ARTICLE III: THE UNITED STATES AIR FORCE WILL:
A. COORDINATE WITH MACV TO DETERMINE THE REQUIREMENT FOR CONTINUATION
AND/OR TERMINATION OF USAF AERIAL PORT OPERATIONS AT ALL LOCATIONS IN
RVN WHICH HAVE A USAF, US ARMY OR OTHER FREE WORLD MILITARY ASSISTANCE
FORCE POPULATION.
B. IDENTIFY TO THE LOCAL AIR FORCE ADVISORY TEAM AND THE AFGP ALL
REAL PROPERTY AND EQUIPMENT IN USE BY AERIAL PORT UNITS PROJECTED FOR
TRANSFER TO THE VNAF.
C. INFORM ALL INTERESTED USAF AGENCIES ON THE PROJECTED TRANSFER TO
ENABLE COORDINATION TO BE MADE ON ANY EXISTING USAF/US ARMY INTERSERVICE
AGREEMENTS.
D. COORDINATE WITH THE LOCAL AIR FORCE ADVISORY TEAM AND THE AIR
FORCE ADVISORY GROUP TO INSURE THE ORDERLY AND TIMELY TRANSFER OF USAF
AERIAL PORT REAL PROPERTY EQUIPMENT AND VEHICLES REQUIRED B THE VNAF TO
SUPPORT MATT SELF-SUFFICIENCY.
E. PROVIDE TWO ENLISTED PERSONNEL TO ACT AS ADVISOR TO THE MATT
COMMANDER AND NCOIC FOR A PERIOD NOT TO EXCEED 90 DAYS, BEGINNING 30
DAYS PRIOR TO TRANSFER AND ENDING 60 DAYS AFTER TRANSFER. THES
PERSONNEL WILL ALSO ACT AS LIAISON FOR THE ON AND OFF LOADING OF FWMAF
AIRCRAFT WHICH ARRIVE AT THE MATT WITH RVNAF CARGO AND PASSENGER OFFLOAD
OR ONLOAD. PERMANENT ADVISORY REQUIREMENTS BEYOND THIS DATE WILL BE
SATISFIED BY THE AIR FORCE ADVISORY GROUP.
F. ESTABLISH A FORKLIFT TRAINING PROGRAM TO TRAIN THE MATT DRIVERS ON
THE 10K ADVERSE TERRAIN FORKLIFT BEGINNING 30 DAYS BEFORE THE TRANSFER
DATE IF REQUESTED BY THE MATT COMMANDER.
G. DEPLOY MOBILITY TEAMS TO TRANSFERRED LOCATIONS WHEN FWMAF AIRLIFT
SUPPORT REQUIREMENTS DICTATE.
H. COORDINATE, THROUGH THE AIR FORCE ADVISORY GROUP WITH VNAF
HEADQUARTERS/TRANSPORTATION DIVISION, AIRLIFT BRANCH BEFORE SCHEDULING
ANY MARRIED (DOUBLE) PALLET OFF LOADS TO ANY VNAF MATT O FWMAF AIRCRAFT.
I. COORDINATE PROPOSED TRANSFER DATES WITH THE MACV AND USER AGENCIES
TO ASCERTAIN FUTURE REQUIREMENTS FOR CONTINUED USAF AERIAL PORT SUPPORT
AT LOCATIONS SELECTED FOR TRANSFER.
ARTICLE IV: LOCATION, SELECTION AND PROJECTED DATES FOR TRANSFER OF
AERIAL PORT OPERATING FUNCTIONS FROM THE USAF TO COLLOCATED VIETNAMESE
AIR FORCE MATTS WILL BE MUTUALLY AGREED TO BY THE VNAF, THE USAF AND THE
AFGP. PROGRAMMED TRANSFER DATES WILL BE PUBLISHED AS AN ATTACHMENT TO
THIS AGREEMENT.
ARTICLE V: EMERGENCY SITUATIONS MAY DEVELOP WHICH ENDANGER AND/OR
THREATEN THE VNAF MISSION ACCOMPLISHMENT. THE TERMS OF THIS AGREEMENT
ARE NOT INTENDED TO PRECLUDE FWMAF SUPPORT IN SITUATIONS WHERE THE VNAF
DOES NOT HAVE THE CAPABILITY TO COPE UNILATERALLY WITH THE EMERGENCY.
SUCH FWMAF SUPPORT WILL BE PROVIDED ONLY UPON REQUEST OF THE VNAF.
ARTICLE VI: CHANGES TO THE AGREEMENT:
A. THIS AGREEMENT WILL BE REVIEWED ANNUALLY BY ALL PARTIES INVOLVED.
TERMINATION WILL BE CONSUMMATED ONLY BY MUTUAL CONSENT OF ALL PARTIES
INVOLVED.
B. THIS AGREEMENT BECOMES IMMEDIATELY NULL AND VOID IF IN CONFLICT
WITH ANY TREATY, DECLARATION OR AGREEMENT LATER NEGOTIATED BETWEEN THE
RESPECTIVE GOVERNMENTS OF THE UNITED STATES OF AMERICA AN THE REPUBLIC
OF VIETNAM.
C. ANY REVISIONS OR CHANGES TO THIS AGREEMENT WILL BE IN WRITING,
SIGNED BY COMPETENT AUTHORITY AND WILL BECOME AN ATTACHMENT TO THE BASIC
AGREEMENT.
ARTICLE VII: EACH AERIAL PORT TRANSFER AGREEMENT WILL BECOME AN
ATTACHMENT TO THIS AGREEMENT.
ARTICLE VIII: THIS AGREEMENT WILL BE EFFECTIVE ON THE DATE OF LAST
SIGNATURE.
(ARTICLE IX - DISTRIBUTION TABLE OMITTED)
(SIGNATURES OMITTED)
(MAP OF RVN OMITTED)
VENEZUELA 29 MAY 1973 FLITE DOCUMENT NO. 7502385
CREDIT AGREEMENT
PURCHASE CONTRACTS WITH THE MILITARY DEPARTMENTS AND AGENCIES OF THE
UNITED STATES DEPARTMENT OF DEFENSE AND/OR VARIOUS UNITED STATES
COMMERCIAL SUPPLIERS FOR THE PURCHASE OF DEFENSE ARTICLES AND SERVICES
OF UNITED STATES ORIGIN
CREDIT AGREEMENT, MADE AND ENTERED INTO THE 29TH DAY OF MAY 1973,
BETWEEN THE GOVERNMENT OF THE REPUBLIC OF VENEZUELA, REPRESENTED BY THE
MINISTRY OF DEFENSE OF VENEZUELA, AND THE GOVERNMENT OF THE UNITED
STATES OF AMERICA, REPRESENTED BY THE DEPARTMENT OF DEFENSE OF THE
UNITED STATES OF AMERICA.
WITNESSETH
WHEREAS, THE GOVERNMENT OF VENEZUELA (HEREINAFTER SOMETIMES REFERRED
TO AS THE "BORROWER") DESIRE TO ENTER INTO PURCHASE CONTRACTS
(HEREINAFTER REFERRED TO AS "PURCHASE ARRANGEMENTS") WITH THE MILITARY
DEPARTMENTS AND AGENCIES OF THE UNITED STATES DEPARTMENT OF DEFENSE
(HEREINAFTER REFERRED TO AS "DOD") AND/OR VARIOUS UNITED STATES
COMMERCIAL SUPPLIERS FOR THE PURCHASE OF DEFENSE ARTICLES AND SERVICES
OF UNITED STATES ORIGIN (HEREINAFTER COLLECTIVELY REFERRED TO AS
"DEFENSE ITEMS"); AND
WHEREAS, THE BORROWER HAS REQUESTED THE GOVERNMENT OF THE UNITED
STATES OF AMERICA (HEREINAFTER SOMETIMES REFERRED TO AS THE "LENDER") TO
FINANCE PAYMENTS REQUIRED TO BE MADE BY THE BORROWER UNDE THE PURCHASE
ARRANGEMENTS; AND
WHEREAS, THE AFORESAID REQUESTED CREDIT WILL FACILITATE THE PURPOSES
OF THE UNITED STATES FOREIGN MILITARY SALES ACT, AS AMENDED;
NOW THEREFORE, IN CONSIDERATION OF THE PREMISE AND THE MUTUAL
COVENANTS HEREINAFTER SET FORTH, TH PARTIES HERETO AGREE AS FOLLOWS:
1. SUBJECT TO THE TERMS AND CONDITIONS HEREOF, THE LENDER AGREES TO
MAKE LOANS TO THE BORROWER FROM TIME TO TIME IN AN AGGREGATE PRINCIPAL
AMOUNT UP TO BUT NOT EXCEEDING $7,572,500.00 (HEREINAFTER CALLED THE
"COMMITMENT").
2. THE AFORESAID COMMITMENT SHALL BE AVAILABLE ONLY TO FINANCE THE
PURCHASE OF DEFENSE ITEMS BY THE BORROWER PURSUANT TO PURCHASE
ARRANGEMENTS AUTHORIZED FOR SUCH FINANCING BY DOD WHICH ARE ENTERED INTO
BY THE BORROWER ON OR BEFORE 31 DECEMBER 1975. EACH AUTHORIZATION FOR
THE BORROWER TO ENTER INTO A PURCHASE ARRANGEMENT IN IMPLEMENTATION OF
THIS CREDIT AGREEMENT SHALL BE SEPARATELY COMMUNICATED BY DOD IN WRITING
TO THE BORROWER, WHICH AUTHORIZATION SHALL SPECIFY THE DEFENSE ITEMS AND
THE AMOUNT OF CREDIT AUTHORIZED FOR THE PURCHASE ARRANGEMENT. THE
BORROWER SHALL INCORPORATE INTO EACH SUCH PURCHASE ARRANGEMENT WITH
COMMERCIAL SUPPLIERS THE PROVISIONS OF ANNEX A HERETO AND ATTACH AS AN
EXHIBIT TO THE PURCHASE ARRANGEMENT A TRUE COPY OF THE APPLICABLE
AFORESAID AUTHORIZATION AND OF PARAGRAPH 9 OF THIS CREDIT AGREEMENT.
3. EACH LOAN HEREUNDER BY THE LENDER SHALL BE MADE IN ACCORDANCE
WITH THE FOLLOWING PROCEDURES:
(A) EACH LOAN SHALL BE MADE ON SUCH DATE (HEREIN REFERRED TO AS A
"DISBURSEMENT DATE") AS MAY BE DESIGNATED BY THE BORROWER FROM TIME TO
TIME UPON THEN (10) DAYS WRITTEN NOTICE BY THE BORROWER TO THE LENDER.
(B) EACH NOTICE SHALL SPECIFY THE AMOUNT OF THE LOAN TO BE MADE BY
THE LENDER ON THE DISBURSEMEN DATE, AND SHALL SPECIFY THE SUPPLIER OR
SUPPLIERS (INCLUDING THE MILITARY DEPARTMENTS OR AGENCIES O DOD) TO WHOM
THE DISBURSEMENT IS TO BE REMITTED BY THE LENDER.
(C) EACH NOTICE SHALL BE PREPARED IN QUADRUPLICATE ON U.S. STANDARD
FORM 1034 AND SHALL BE SENT TO THE COMPTROLLER, DEFENSE SECURITY
ASSISTANCE AGENCY, THE PENTAGON, WASHINGTON, D.C. 20301.
(D) IN THE CASE OF DISBURSEMENTS REQUESTED TO BE MADE TO COMMERCIAL
SUPPLIERS, THE INVOICES SHAL BE PREPARED IN ACCORDANCE WITH THE
PROCEDURES SET FORTH IN ANNEX A HERETO.
(E) IN THE CASE OF DISBURSEMENTS REQUESTED TO BE MADE TO THE MILITARY
DEPARTMENTS AND AGENCIES O DOD, THE NOTICES SHALL HAVE ANNEXED THERETO
COPIES OF THE PAYMENT REQUESTED RECEIVED BY THE BORROWE FROM SUCH
MILITARY DEPARTMENT OR AGENCY AGAINST WHICH DISBURSEMENT IS REQUESTED.
(F) WITH EACH NOTICE, THE BORROWER SHALL CONCURRENTLY TRANSMIT TO THE
LENDER AT THE ADDRESS SET FORTH IN SUBPARAGRAPH (C) ABOVE OF THIS
PARAGRAPH A PROMISSORY NOTE SUBSTANTIALLY IN THE FORM OF ANNEX B HERETO
(WITH THE BLANKS APPROPRIATELY FILLED IN) RECITING THE OBLIGATION OF THE
BORROWER TO REPAY THE AMOUNT OF SUCH LOAN WITH INTEREST THEREON AS
HEREINAFTER SET FORTH. (THE PROMISSORY NOTE HEREINABOVE REFERRED TO ARE
HEREINAFTER CALLED THE "NOTES" AND INDIVIDUALLY A "NOTE").
4.(A) OCEAN TRANSPORTATION OF THE DEFENSE ARTICLES, INSOFAR AS
PRACTICABLE, SHALL BE EQUALLY DIVIDED BETWEEN VESSELS OF UNITED STATES
REGISTRY AND VESSELS OF VENEZUELAN REGISTRY.
(B) THE BORROWER OR ITS COMMERCIAL SUPPLIERS SHALL BE RESPONSIBLE FOR
OBTAINING SUCH EXPORT LICENSES AS MAY BE NECESSARY FOR DEFENSE ITEMS
FINANCED HEREUNDER.
5. THIS AGREEMENT EVIDENCES THE LEGAL AND BINDING OBLIGATION OF THE
BORROWER TO MAKE REPAYMENTS TO THE LENDER FOR DISBURSEMENTS MADE BY THE
LENDER IN ACCORDANCE WITH THE TERMS HEREOF. THE LENDER MAY SELL OR
ASSIGN, IN WHOLE OR IN PART, ITS RIGHTS TO SAID REPAYMENTS AND MAY, WITH
RESPECT TO SUC SALE OR ASSIGNMENT, GUARANTEE PAYMENT OF THE SAME. THE
LENDER AGREES THAT IT WILL NOT SELL OR ASSIGN ITS RIGHTS TO A THIRD
PARTY OTHER THAN AN AGENCY OF THE UNITED STATES GOVERNMENT.
6.(A) THE BORROWER SHALL REPAY THE DISBURSEMENTS MADE BY THE LENDER
IN ACCORDANCE WITH THE PRINCIPAL REPAYMENT SCHEDULE SET FORTH IN ANNEX C
HERETO, AND SHALL PAY INTEREST ANNUALLY COMMENCIN 30 SEPTEMBER 1974, AT
THE RATE OF SIX AND SEVEN-EIGHTHS PERCENT (6 7/8%) PER ANNUM, USING A
365 DAY FACTOR, ON THE AMOUNT BY WHICH FROM TIME TO TIME CUMULATIVE
DISBURSEMENTS EXCEED CUMULATIVE REPAYMENTS OF PRINCIPAL.
(B) IF ON ANY INSTALLMENT REPAYMENT DATE SET FORTH IN THE PRINCIPAL
REPAYMENT SCHEDULE THE BORROWER SHALL NOT HAVE AVAILED ITSELF OF THE
COMMITMENT OF THE LENDER IN AN AGGREGATE AMOUNT (LESS REPAYMENTS
PREVIOUSLY MADE) EQUAL TO THE AGGREGATE INSTALLMENT OF PRINCIPAL WHICH
IS REPAYABLE ON SUCH DATE TO THE LENDER, THE BORROWER SHALL, ON SUCH
INSTALLMENT DATE, REPAY TO THE LENDER THE FULL AMOUNT (LESS REPAYMENTS
PREVIOUSLY MADE) TO WHICH IT HAS AVAILED ITSELF OF THE COMMITMENT OF THE
LENDER TO SUCH DATE, TOGETHER WITH THE INTEREST ACCRUED THEREON. IF AT
ANY TIME THEREAFTER THE BORROWER SHALL AVAIL ITSELF OF THE COMMITMENT OF
THE LENDER IN AN AMOUNT WHICH WOULD HAVE BEEN PAYABLE ON A PRIOR
INSTALLMENT REPAYMENT DATE BUT FOR THE PROVISIONS OF THE IMMEDIATELY
PRECEDING SENTENCE, SUCH AMOUNT, TOGETHER WITH THE INTEREST ACCRUED
THEREON, SHALL BE REPAYABLE ON THE NEXT SUCCEEDING INSTALLMENT DATE OF
THE PRINCIPAL REPAYMENT SCHEDULE OCCURRING AFTER THE DISBURSEMENT OF
SUCH AMOUNT AND THE SAID AGGREGATE INSTALLMENT OF PRINCIPAL REPAYABLE
UNDER THE PRINCIPAL REPAYMENT SCHEDULE TO THE LENDER ON THAT DATE SHALL
BE INCREASED BY SUCH AMOUNT.
(C) IF BY THE DATE SPECIFIED IN PARAGRAPH 2 ABOVE, THE BORROWER SHALL
NOT HAVE ENTERED INTO AUTHORIZED PURCHASE ARRANGEMENTS IN AN AGGREGATE
AMOUNT EQUAL TO THE ENTIRE AMOUNT OF THE COMMITMENT, THE INSTALLMENTS OF
PRINCIPAL REPAYABLE TO THE LENDER SET FORTH IN THE PRINCIPAL REPAYMENT
SCHEDULE SHALL BE REDUCED IN THE INVERSE ORDER OF THE MATURITY THEREOF
TO THE EXTENT OF THE UNUSED BALANCE OF THE COMMITMENT.
(D) WHENEVER ANY REPAYMENT TO BE MADE BY THE BORROWER SHALL BE DUE ON
A SATURDAY, SUNDAY, OR PUBLIC HOLIDAY UNDER THE LAWS OF THE LENDER, SUCH
REPAYMENT MAY BE MADE ON THE NEXT SUCCEEDING BUSINESS DAY, AND SUCH
EXTENSION OF TIME SHALL IN SUCH CASE BE INCLUDED IN COMPUTING INTEREST
IN CONNECTION WITH SUCH REPAYMENT BUT EXCLUDED FROM THE NEXT INTEREST
PERIOD.
(E) THE BORROWER MAY PREPAY THE CREDIT EXTENDED UNDER THIS AGREEMENT
IN PART OR IN FULL ON ANY INTEREST PAYMENT DATE WITHOUT PENALTY OR
PREMIUM, BUT SUCH PREPAYMENT MUST BE ACCOMPANIED BY PAYMEN OF INTEREST
ON THE AMOUNT PREPAID TO THE DATE OF PREPAYMENT AND MUST BE APPLIED TO
THE SATISFACTION OF INSTALLMENTS OF PRINCIPAL REPAYMENTS IN THE INVERSE
ORDER OF THEIR MATURITIES.
(F) ALL REPAYMENTS BY THE BORROWER ON ACCOUNT OF PRINCIPAL OR
INTEREST SHALL BE IN LAWFUL MONEY OF THE UNITED STATES OF AMERICA AND IN
IMMEDIATELY AVAILABLE FUNDS, FREE AND CLEAR OF, AND WITHOUT DEDUCTION
FOR, ANY AND ALL TAXES, LEVIES, IMPOSTS, DEDUCTIONS AND WITHHOLDINGS
WHATSOEVER IMPOSED, LEVIED, COLLECTED OR ASSESSED WITH RESPECT THERETO
BY ANY CENTRAL OR LOCAL AUTHORITY OF VENEZUELA.
7.(A) THE NOTES SHALL BE FURTHER EVIDENCE OF THE OBLIGATION OF THE
BORROWER TO REPAY THE LOANS MADE HEREUNDER. EACH NOTE SHALL BE DATED
THE PARTICULAR DISBURSEMENT DATE OF THE LOAN WHICH SUCH NOTE EVIDENCES,
SHALL BE PAYABLE TO THE ORDER OF THE GOVERNMENT OF THE UNITED STATES IN
THE PRINCIPAL AMOUNT OF SUCH DISBURSEMENT, AND SHALL BEAR INTEREST ON
THE UNPAID PRINCIPAL AMOUNT THEREOF AS PROVIDED IN PARAGRAPH 6(A).
(B) THE NOTES SHALL BE COMPLETED BY THE BORROWER IN SUCH A MANNER
THAT REPAYMENT OF SUCH LOANS SHALL BE MADE IN THE ORDER OF THEIR
DISBURSEMENT, UTILIZING THE PRINCIPAL REPAYMENT SCHEDULE SET FORTH IN
ANNEX C (AS THE SAME MAY BE ADJUSTED IN ACCORDANCE WITH PARAGRAPHS 6(B)
AND (C) HEREOF), AND, IN DETERMINING WHETHER A PARTICULAR LOAN IS
REPAYABLE IN ONE OR MORE INSTALLMENTS, UTILIZING A PARTICULAR
INSTALLMENT PAYMENT DATE ONLY AFTER THE FULL UTILIZATION OF THE NEXT
PRECEDING INSTALLMENT DATE.
(C) EACH NOTE SHALL BE SIGNED ON BEHALF OF THE BORROWER BY THE
MILITARY ATTACHE OF THE VENEZUELA EMBASSY IN WASHINGTON, D.C., DULY
AUTHORIZED IN WRITING BY THE CHIEF OF THE JOINT STAFF UNDER THE
AUTHORITY OF THE MINISTRY OF DEFENSE OF THE REPUBLIC OF VENEZUELA.
8.(A) THE BORROWER REPRESENTS AND WARRANTS THAT THE MAKING AND
PERFORMANCE OF THIS AGREEMENT HAV BEEN DULY AUTHORIZED IN ACCORDANCE
WITH THE LAWS OF VENEZUELA AND SHALL FURNISH TO THE LENDER UPON REQUEST
EVIDENCE, SATISFACTORY TO THE LENDER, OF THE AUTHORITY OF THE PERSON OR
PERSONS WHO HAVE SIGNED THIS AGREEMENT ON BEHALF OF THE BORROWER AND OF
THE PERSON OR PERSONS WHO WILL SIGN THE NOTE PROVIDED FOR HEREIN ON
BEHALF OF THE BORROWER, TOGETHER WITH THE AUTHENTICATED SPECIMEN
SIGNATURE, IN DUPLICATE, OF EACH OF THE LATTER. THE LENDER SIMILARLY
REPRESENTS AND WARRANTS THAT THE MAKING AND PERFORMANCE OF THIS
AGREEMENT HAVE BEEN DULY AUTHORIZED IN ACCORDANCE WITH UNITED STATES
LAWS, AND WILL PRESENT THE SAME AUTHORIZATION FOR THE PERSON OR PERSONS
THAT SIGN ON BEHALF OF THE LENDER
(B) THIS AGREEMENT SHALL INURE TO THE BENEFIT OF THE HOLDERS OF THE
NOTES, THEIR RESPECTIVE SUCCESSORS AND ASSIGNS.
(C) THE BORROWER SHALL IN ALL CASES PAY WHEN AND AS DUE THE PRINCIPAL
OF THE INTEREST ON ALL NOTES ISSUED HEREUNDER, NOTWITHSTANDING ANY
CLAIMS WHICH THE BORROWER MAY NOW OR HEREAFTER HAVE AGAINST ANY SUPPLIER
OF THE DEFENSE ITEMS, DOD, THE LENDER, OR ANY OTHER PERSON OR ENTITY IN
CONNECTION WITH ANY OTHER TRANSACTION, FOR ANY REASON WHATSOEVER.
9. UPON THE OCCURENCE OF ANY OF THE FOLLOWING EVENTS OF DEFAULT:
(A) IF THE BORROWER FAILS FOR A PERIOD OF THIRTY (30) DAYS TO MAKE
ANY PAYMENT OF PRINCIPAL OF, OR INTEREST ON, ANY NOTE WHEN DUE;
(B) IF ANY REPRESENTATION OR WARRANTY MADE BY THE BORROWER HEREIN OR
ANY CERTIFICATE FURNISHED B THE BORROWER PURSUANT HERETO PROVES TO BE AT
ANY TIME INCORRECT IN ANY MATERIAL RESPECT; OR
(C) IF THE BORROWER DEFAULTS IN THE PERFORMANCE OF ANY OTHER TERM,
COVENANT OR UNDERTAKING CONTAINED IN THIS CREDIT AGREEMENT, AND SUCH
DEFAULT SHALL CONTINUE UNREMEDIED FOR 30 DAYS AFTER WRITTEN NOTIFICATION
THEREOF SHALL HAVE BEEN GIVEN TO THE BORROWER BY THE LENDER; THEN, AND
IN ANY SUCH EVEN, THE HOLDER OF ANY NOTE MAY DECLARE IMMEDIATELY DUE AND
PAYABLE THE UNPAID PRINCIPAL OF, AND ACCRUED INTEREST ON, ANY OR ALL
NOTES HELD BY SUCH HOLDER AND SUCH AMOUNTS SHALL BECOME IMMEDIATELY DUE
AND PAYABLE WITHOUT PROTEST, PRESENTMENT, NOTICE OR OTHER DEMAND OF ANY
KIND, ALL O WHICH ARE HEREBY EXPRESSLY WAIVED BY THE BORROWER, AND THE
LENDER MAY TERMINATE ITS COMMITMENT HEREUNDER.
10. ALL COMMUNICATIONS AND OTHER DOCUMENTS REQUIRED OR PERMITTED
HEREUNDER, UNLESS SUBMITTED IN THE ENGLISH LANGUAGE, SHALL BE
ACCOMPANIED BY ONE ENGLISH TRANSLATION FOR EACH COPY OF SUCH DOCUMENTS
TO BE FURNISHED AND BOTH THE ENGLISH AND SPANISH VERSIONS SHALL BE
CONSIDERED TO BE AUTHENTIC DOCUMENTS. EXCEPT AS OTHERWISE PROVIDED
HEREIN, ALL NOTICES, REQUESTS OR DEMANDS HEREUNDER SHALL BE DEEMED TO
HAVE BEEN GIVEN OR MADE UPON THE MAILING OF THE SAME, POSTAGE PREPAID,
OR IN THE CASE OF TELEGRAPHIC NOTICE, ON DELIVERY TO THE TELEGRAPHIC
COMPANY, ADDRESSED IN THE CASE OF THE BORROWER, TO THE EMBASSY OF
VENEZUELA, MILITARY ATTACHE, WAR MATERIEL OFFICE, WASHINGTON, D.C. AND
IN THE CASE OF THE LENDER TO THE DIRECTOR, DEFENSE SECURITY ASSISTANCE
AGENCY, THE PENTAGON, WASHINGTON, D.C. 20301.
11. THIS AGREEMENT MAY BE EXECUTED IN ANY NUMBER OF COUNTERPARTS AND
BY THE PARTIES HERETO ON SEPARATE COUNTERPARTS, EACH OF WHICH SHALL BE
DEEMED AN ORIGINAL BUT ALL SUCH COUNTERPARTS TO CONSTITUTE ONE AND THE
SAME INSTRUMENT.
12. ANNEXES A THROUGH C ATTACHED HERETO ARE, BY THIS REFERENCE, MADE
A PART OF THIS AGREEMENT.
IN WITNESS WHEREOF, THE PARTIES HERETO HAVE DULY EXECUTED THIS
AGREEMENT THIS 29TH DAY OF MAY 1973.
GOVERNMENT OF VENEZUELA GOVERNMENT OF THE UNITED STATES OF
SIGNED SIGNED
GUSTAVO PARDI DAVILA FRANCIS J. BUSH
MAJOR GENERAL COLONEL
MINISTER OF DEFENSE COMMANDER, U.S. MILITARY GROUP
THE FOLLOWING PROCEDURES AND CONDITIONS SHALL BE ADHERED TO PRIOR TO
EACH DISBURSEMENT TO BE MADE BY THE GOVERNMENT OF THE UNITED STATES FOR
THE ACCOUNT OF THE GOVERNMENT OF VENEZUELA.
1. THE SUPPLIER SHALL PREPARE AND SUBMIT TO THE DESIGNATED
REPRESENTATIVES OF THE GOVERNMENT OF VENEZUELA IN WASHINGTON, D.C.
INVOICES ON U.S. STANDARD FORM 1034 IN SUFFICIENT NUMBER OF COPIES TO
PERMIT THE FORWARDING OF FOUR COPIES TO THE DISBURSING OFFICER
DESIGNATED IN PARAGRAPH 5 BELOW.
2. THE SUPPLIER SHALL INSURE THAT EACH INVOICE IS IN ACCORDANCE WITH
RELEVANT PROVISIONS OF ITS PURCHASE ARRANGEMENT WITH THE GOVERNMENT OF
VENEZUELA.
3. THE SUPPLIER SHALL ATTACH TO EACH INVOICE A STATEMENT THAT
AUTHORIZED REPRESENTATIVES OF THE GOVERNMENT OF THE UNITED STATES SHALL,
UNTIL THE EXPIRATION OF THREE YEARS AFTER FINAL PAYMENT HEREUNDER, HAVE
ACCESS TO AND THE RIGHT TO EXAMINE ANY DIRECTLY RELATED PERTINENT BOOKS,
DOCUMENTS, PAPERS AND RECORDS OF THE SUPPLIER INVOLVING TRANSACTIONS
RELATING TO THE AFORESAID PURCHASE ARRANGEMENT.
4. TO THE EXTENT THAT ANY INVOICE REQUESTS PAYMENT OF ADVANCES, AS
DISTINGUISHED FROM PAYMENT FO DELIVERY OF DEFENSE ITEMS OR REIMBURSEMENT
IN THE FORM OF PROGRESS PAYMENTS FOR WORK OR SERVICES PERFORMED, THE
SUPPLIER SHALL ATTACH TO THE INVOICE A STATEMENT SETTING FORTH THE
UNDERTAKING OF TH SUPPLIER THAT THE FULL AMOUNT OF THE ADVANCE WILL BE
MAINTAINED BY THE SUPPLIER IN A SEGREGATED ACCOUNT WHICH WILL BE APPLIED
SOLELY TO THE PERFORMANCE OF THE SUPPLIER'S OBLIGATIONS UNDER THE
PURCHASE ARRANGEMENT.
5. THE DESIGNATED REPRESENTATIVE OF THE GOVERNMENT OF VENEZUELA IN
WASHINGTON, D.C. SHALL FORWAR SUCH INVOICES TO THE COMPTROLLER, DEFENSE
SECURITY ASSISTANCE AGENCY, THE PENTAGON, WASHINGTON, D.C
20301.
6. EACH INVOICE SHALL BE ACCOMPANIED BY A CERTIFICATION OF THE
GOVERNMENT OF VENEZUELA AS FOLLOWS:
"THE GOVERNMENT OF VENEZUELA CONFIRMS (THAT THE DEFENSE ITEMS SET
FORTH HEREIN HAVE BEEN SATISFACTORILY RECEIVED BY OR FOR THE GOVERNMENT
OF VENEZUELA) (THAT THE WORK OR SERVICES FOR WHICH PROGRESS PAYMENTS ARE
REQUESTED HAVE BEEN SATISFACTORILY RENDERED) (THAT PAYMENT IS OTHERWISE
DUE) UNDER ITS PURCHASE ARRANGEMENT OF FOR THE PURCHASE OF DEFENSE ITEMS
FROM SUPPLIER, AND CERTIFIES THAT THE BILL IS CORRECT AND JUST AND THAT
PAYMENT THEREFOR HAS NOT BEEN MADE. PAYMENT O THIS INVOICE IS REQUESTED
BY THE MINISTRY OF DEFENSE OF THE GOVERNMENT OF VENEZUELA PURSUANT TO
THE TERMS OF THE CREDIT AGREEMENT OF BETWEEN THE MINISTRY OF DEFENSE OF
THE GOVERNMENT OF VENEZUELA AND THE GOVERNMENT OF THE UNITED STATES OF
AMERICA. THE GOVERNMENT OF VENEZUELA CONFIRMS THAT SAID PURCHASE
ARRANGEMENT IS ONE OF THE PURCHASE ARRANGEMENTS AUTHORIZED BY THE
DEPARTMENT OF DEFENSE OF THE UNITED STATES OF AMERICA PURSUANT TO THE
AFORESAID CREDIT AGREEMENT OF AND FURTHER CONFIRMS THAT THE CUMULATIVE
TOTAL OF THIS INVOICE AND INVOICES PREVIOUSLY PAID BY THE GOVERNMENT OF
THE UNITED STATES AGAINST SAID PURCHASE ARRANGEMENT DOES NOT EXCEED THE
AGGREGATE CREDIT CEILING ESTABLISHED BY THE GOVERNMENT OF THE UNITED
STATES FOR THE SAID PURCHASE ARRANGEMENT
U.S. $ , WASHINGTON, D.C.
FOR VALUE RECEIVED, THE UNDERSIGNED, THE GOVERNMENT OF (HEREIN CALLED
" " HEREBY PROMISES TO PAY TO THE ORDER OF THE GOVERNMENT OF THE UNITED
STATES OF AMERICA (HEREIN CALLE "UNITED STATES") THE PRINCIPAL SUM OF
UNITED STATES DOLLARS (U.S. $ ) AS FOLLOWS:
TOGETHER WITH INTEREST ON ANY AND ALL AMOUNTS REMAINING UNPAID
HEREUNDER FROM TIME TO TIME FROM THE DATE HEREOF UNTIL THIS NOTE SHALL
BE PAID IN FULL, PAYABLE ANNUALLY ON OF EACH YEAR FROM DATE HEREOF AT
THE RATE OF PERCENT PER ANNUM ( %) USING A 365 DAY FACTOR, BOTH
PRINCIPAL AND INTEREST TO BE PAYABLE IN LAWFUL MONEY OF THE UNITED
STATES OF AMERICA AT THE U.S. ARMY FINANCE COMPTROLLER INFORMATION
SYSTEMS COMMAND, ATTN: MILITARY ASSISTANCE/SALES ACCOUNTING DIVISION,
1000 INDEPENDENCE AVENUE, S.W., WASHINGTON, D.C. 20314. ALL PAYMENTS
MADE ON ACCOUNT OF THE PRINCIPAL AMOUNT REMAINING UNPAID HEREUNDER SHALL
BE ENDORSED BY THE HOLDER ON THE REVERSE SIDE OF THIS NOTE.
WHENEVER ANY PAYMENT TO BE MADE SHALL BE DUE ON A SATURDAY, SUNDAY,
OR A PUBLIC HOLIDAY UNDER THE LAWS OF THE GOVERNMENT OF THE UNITED
STATES, SUCH PAYMENT MAY BE MADE ON THE NEXT SUCCEEDING BUSINESS DAY,
AND SUCH EXTENSION OF TIME SHALL IN SUCH CASE BE INCLUDED IN COMPUTING
INTEREST IN CONNECTION WITH SUCH PAYMENT BUT EXCLUDED FROM THE NEXT
INTEREST PERIOD.
THIS NOTE MAY BE PREPAID ON ANY INTEREST PAYMENT DATE. PREPAYMENTS
SHALL BE APPLIED TO THE INSTALLMENTS HEREOF IN THE REVERSE ORDER OF
THEIR MATURITY. ALL PAYMENTS OF PRINCIPAL AND INTEREST ON THIS NOTE ARE
PAYABLE IN LAWFUL MONEY OF THE UNITED STATES OF AMERICA AND IN
IMMEDIATELY AVAILABLE FUNDS, FREE AND CLEAR OF, AND WITHOUT DEDUCTION
FOR, ANY TAXES, LEVIES, IMPOSTS, DEDUCTIONS, AND WITHHOLDINGS WHATSOEVER
NOW OR HEREAFTER IMPOSED, LEVIED, COLLECTED OR ASSESSED WIT RESPECT
THERETO BY ANY CENTRAL OR LOCAL AUTHORITY OF AND SHALL BE PAID FREE FROM
ALL RESTRICTIONS OF ANY CENTRAL OR LOCAL AUTHORITY OF .
THE GOVERNMENT OF AGREES TO PAY ALL OUT-OF-POCKET COSTS AND EXPENSES
IN CONNECTION WITH COLLECTION AFTER DEFAULT OF THIS NOTE (INCLUDING THE
REASONABLE FEES AND OUT-OF-POCKET EXPENSES OF COUNSEL) AS WELL AS ALL
STAMP AND SIMILAR TAXES, IF ANY, NOW OR HEREAFTER IN EFFECT, AND TO SAVE
TH HOLDER OF THE NOTE HARMLESS FROM ANY AND ALL LIABILITIES WITH RESPECT
TO OR RESULTING FROM ANY DELA OR OMISSION TO PAY SUCH TAXES.
THE FIRST $946,562 OF DISBURSEMENTS ARE REPAYABLE ON 30 SEP 1974
THE NEXT $946,562 OF DISBURSEMENTS ARE REPAYABLE ON 30 SEP 1975
THE NEXT $946,562 OF DISBURSEMENTS ARE REPAYABLE ON 30 SEP 1976
THE NEXT $946,562 OF DISBURSEMENTS ARE REPAYABLE ON 30 SEP 1977
THE NEXT $946,562 OF DISBURSEMENTS ARE REPAYABLE ON 30 SEP 1978
THE NEXT $946,562 OF DISBURSEMENTS ARE REPAYABLE ON 30 SEP 1979
THE NEXT $946,562 OF DISBURSEMENTS ARE REPAYABLE ON 30 SEP 1980
THE LAST $946,566 OF DISBURSEMENTS ARE REPAYABLE ON 30 SEP 1981
TOTAL $7,572,500
NOTE: THE INTEREST PAYMENTS ARE NOT INCLUDED. THEY WILL BE PAID IN
ACCORDANCE WITH PARAGRAPH 6(A) OF THIS AGREEMENT.
DEFENSE ARTICLES AND RELATED DEFENSE SERVICES
MOTOR TRANSPORT EQUIPMENT
ARMAMENT EQUIPMENT
ENGINEERING EQUIPMENT
COMMUNICATIONS EQUIPMENT
MEDICAL SUPPLIES AND EQUIPMENT
QUARTERMASTER SUPPLIES AND EQUIPMENT
SHOP EQUIPMENT FOR MK-37 TORPEDOES
MK-32 TORPEDOES
SPARES FOR SEAGOING TUG
1/4 TON TACTICLE VEHICLES
PLANES FOR DESTROYER AND TUG
ADVANCED PILOT TRAINING
SUPPORT EQUIPMENT FOR C-130 AIRCRAFT
TACAN EQUIPMENT
INSTRUMENT LANDING SYSTEM
URUGUAY 30 NOV 1973 FLITE DOCUMENT NO. 7502384
AMENDMENT NO. 2 TO THE CREDIT ARRANGEMENT OF 22 JUNE 1971
AMENDMENT NO. 2 TO THE CREDIT ARRANGEMENT BETWEEN THE MINISTRY OF
DEFENSE OF THE GOVERNMENT OF URUGUAY AND THE DEPARTMENT OF DEFENSE OF
THE UNITED STATES OF AMERICA RELATING TO THE PURCHASE OF DEFENSE
ARTICLES AND SERVICES DATED 22 JUNE 1971
AMENDMENT NO. 2 TO THE CREDIT ARRANGEMENT BETWEEN THE MINISTRY OF
DEFENSE OF THE GOVERNMENT OF URUGUAY AND THE DEPARTMENT OF DEFENSE OF
THE UNITED STATES OF AMERICA RELATING TO THE PURCHASE OF DEFENSE
ARTICLES AND SERVICES DATED 22 JUNE 1971
WHEREAS THE GOVERNMENT OF URUGUAY HAS REQUESTED A RESCHEDULING OF THE
REPAYMENTS OF PRINCIPAL DUE UNDER THE CREDIT ARRANGEMENT BETWEEN THE
GOVERNMENT OF URUGUAY AND THE GOVERNMENT OF THE UNITED STATES OF AMERICA
DATED 22 JUNE 1971; AND
WHEREAS IT IS IN THE BEST INTERESTS OF THE GOVERNMENT OF THE UNITED
STATES OF AMERICA AND THE GOVERNMENT OF URUGUAY TO RESCHEDULE THE
REPAYMENTS OF PRINCIPAL DUE UNDER THE SAID ARRANGEMENT;
NOW THEREFORE IT IS AGREED THAT ANNEX D OF THE SAID ARRANGEMENT
(PRINCIPAL REPAYMENT SCHEDULE) SHALL BE DELETED AND THAT THE ATTACHED
AMENDED ANNEX D (PRINCIPAL REPAYMENT SCHEDULE) DATED 29 NOVEMBER 1973
SHALL BE SUBSTITUTED THEREFOR, PROVIDED THAT ALL OTHER TERMS AND
CONDITIONS OF THE SAID ARRANGEMENT SHALL REMAIN IN FULL FORCE AND THAT
THIS AMENDMENT AND THE ATTACHMENT THERETO SHAL BE CONSIDERED AN INTEGRAL
PART OF THE SAID ARRANGEMENT.
IN WITNESS WHEREOF THE PARTIES HERETO HAVE DULY EXECUTED THIS
AMENDMENT THIS 30TH DAY OF NOVEMBER 1973.
GOVERNMENT OF URUGUAY GOVERNMENT OF THE
SIGNED SIGNED
DR. HECTOR LUISI RAY PEET
AMBASSADOR OF URUGUAY VICE ADMIRAL, USN
CREDIT ARRANGEMENT BETWEEN THE MINISTRY OF DEFENSE OF THE GOVERNMENT
OF URUGUAY AND THE DEPARTMEN OF DEFENSE OF THE UNITED STATES OF AMERICA
DATED 22 JUNE 1971.
THE FIRST $75,000.00 OF REPAYMENTS ARE REPAYABLE ON 1 JANUARY 1975.
THE NEXT $75,000.00 OF REPAYMENTS ARE REPAYABLE ON 1 JULY 1975.
THE NEXT $150,000.00 OF REPAYMENTS ARE REPAYABLE ON 1 JANUARY 1976.
THE NEXT $150,000.00 OF REPAYMENTS ARE REPAYABLE ON 1 JULY 1976.
THE NEXT $300,000.00 OF REPAYMENTS ARE REPAYABLE ON 1 JANUARY 1977.
THE NEXT $300,000.00 OF REPAYMENTS ARE REPAYABLE ON 1 JULY 1977.
THE NEXT $300,000.00 OF REPAYMENTS ARE REPAYABLE ON 1 JANUARY 1978.
THE NEXT $300,000.00 OF REPAYMENTS ARE REPAYABLE ON 1 JULY 1978.
THE NEXT $470,000.00 OF REPAYMENTS ARE REPAYABLE ON 1 JANUARY 1979.
THE NEXT $470,000.00 OF REPAYMENTS ARE REPAYABLE ON 1 JULY 1979.
THE NEXT $470,000.00 OF REPAYMENTS ARE REPAYABLE ON 1 JANUARY 1980.
THE NEXT $470,000.00 OF REPAYMENTS ARE REPAYABLE ON 1 JULY 1980.
THE LAST $470,000.00 OF REPAYMENTS ARE REPAYABLE ON 1 JANUARY 1981.
TOTAL $4,000,000.00
URUGUAY 30 NOV 1973 FLITE DOCUMENT NO. 7502383
AMENDMENT NO. 1 TO THE CREDIT ARRANGEMENT OF 19 JUNE 1972
AMENDMENT NO. 1 TO THE CREDIT ARRANGEMENT BETWEEN THE MINISTRY OF
DEFENSE OF THE GOVERNMENT OF URUGUAY AND THE DEPARTMENT OF DEFENSE OF
THE UNITED STATES OF AMERICA RELATING TO THE PURCHASE OF DEFENSE
ARTICLES AND SERVICES DATED 19 JUNE 1972
AMENDMENT NO. 1 TO THE CREDIT ARRANGEMENT BETWEEN THE MINISTRY OF
DEFENSE OF THE GOVERNMENT OF URUGUAY AND THE DEPARTMENT OF DEFENSE OF
THE UNITED STATES OF AMERICA RELATING TO THE PURCHASE OF DEFENSE
ARTICLES AND SERVICES DATED 19 JUNE 1972.
WHEREAS THE GOVERNMENT OF URUGUAY HAS REQUESTED A RESCHEDULING OF THE
REPAYMENTS OF PRINCIPAL DUE UNDER THE TERMS OF THE CREDIT ARRANGEMENT
BETWEEN THE MINISTRY OF DEFENSE OF THE GOVERNMENT OF URUGUAY AND THE
DEPARTMENT OF DEFENSE OF THE UNITED STATES OF AMERICA DATED 19 JUNE
1972; AND
WHEREAS IT IS IN THE BEST INTERESTS OF THE GOVERNMENT OF THE UNITED
STATES OF AMERICA AND THE GOVERNMENT OF URUGUAY TO RESCHEDULE THE
REPAYMENTS OF PRINCIPAL DUE UNDER THE SAID ARRANGEMENT,
NOW THEREFORE IT IS AGREED THAT ANNEX C (PRINCIPAL REPAYMENT
SCHEDULE) OF THE SAID ARRANGEMENT SHALL BE DELETED AND THAT THE ATTACHED
AMENDED ANNEX C (PRINCIPAL REPAYMENT SCHEDULE) DATED 29 NOVEMBER 1973
SHALL BE SUBSTITUTED THEREFOR, PROVIDED THAT ALL OTHER TERMS AND
CONDITIONS OF THE SAID ARRANGEMENT SHALL REMAIN IN FULL FORCE AND THAT
THIS AMENDMENT AND THE ATTACHMENT THERETO SHAL BE CONSIDERED AN INTEGRAL
PART OF THE SAID ARRANGEMENT.
IN WITNESS WHEREOF THE PARTIES HERETO HAVE DULY EXECUTED THIS
AMENDMENT THIS 30TH DAY OF NOVEMBER 1973.
GOVERNMENT OF URUGUAY GOVERNMENT OF THE
SIGNED SIGNED
DR. HECTOR LUISI RAY PEET, VICE ADMIRAL, USN
AMBASSADOR OF URUGUAY DIRECTOR, DEFENSE SECURITY
CREDIT ARRANGEMENT BETWEEN THE MINISTRY OF DEFENSE OF THE GOVERNMENT
OF URUGUAY AND THE DEPARTMEN OF DEFENSE OF THE UNITED STATES OF AMERICA
DATED 19 JUNE 1972.
THE FIRST $35,000.00 OF REPAYMENTS ARE REPAYABLE ON 1 JANUARY 1975.
THE NEXT $35,000.00 OF REPAYMENTS ARE REPAYABLE ON 1 JULY 1975.
THE NEXT $70,000.00 OF REPAYMENTS ARE REPAYABLE ON 1 JANUARY 1976.
THE NEXT $70,000.00 OF REPAYMENTS ARE REPAYABLE ON 1 JULY 1976.
THE NEXT $130,000.00 OF REPAYMENTS ARE REPAYABLE ON 1 JANUARY 1977.
THE NEXT $130,000.00 OF REPAYMENTS ARE REPAYABLE ON 1 JULY 1977.
THE NEXT $130,000.00 OF REPAYMENTS ARE REPAYABLE ON 1 JANUARY 1978.
THE NEXT $130,000.00 OF REPAYMENTS ARE REPAYABLE ON 1 JULY 1978.
THE NEXT $180,000.00 OF REPAYMENTS ARE REPAYABLE ON 1 JANUARY 1979.
THE NEXT $180,000.00 OF REPAYMENTS ARE REPAYABLE ON 1 JULY 1979.
THE NEXT $180,000.00 OF REPAYMENTS ARE REPAYABLE ON 1 JANUARY 1980.
THE NEXT $180,000.00 OF REPAYMENTS ARE REPAYABLE ON 1 JULY 1980.
THE NEXT $180,000.00 OF REPAYMENTS ARE REPAYABLE ON 1 JANUARY 1981.
THE NEXT $180,000.00 OF REPAYMENTS ARE REPAYABLE ON 1 JULY 1981.
THE LAST $190,000.00 OF REPAYMENTS ARE REPAYABLE ON 1 JANUARY 1982.
TOTAL $2,000,000.00
UNITED KINGDOM 10 DEC 1973 FLITE DOCUMENT NO. 7502382
AGREEMENT
INDUSTRIAL SECURITY PROCEDURES
MO 14/2
DEAR MR. CLEMENTS
THANK YOU FOR YOUR LETTER OF 14TH NOVEMBER, 1973 ABOUT THE AGREEMENT
BETWEEN OUR TWO COUNTRIES ON INDUSTRIAL SECURITY PROCEDURES. I AGREE
THAT CHANGES WHICH HAVE TAKEN PLACE SINCE 1962 MEAN THAT THIS AGREEMENT
HAS TO BE BROUGHT UP TO DATE, AND AM GLAD THAT THE STAGE HAS NOW BEEN
REACHED WHEN REVISED PROCEDURES MAY BE RATIFIED. WITH ONE MINOR
AMENDMENT EXPLAINED BELOW, THE TERMS OF THE "SECURITY AGREEMENT FOR
INDUSTRIAL OPERATIONS BETWEEN THE MINISTRY OF DEFENCE OF THE UNITED
KINGDOM AND THE DEPARTMENT OF DEFENSE OF THE UNITED STATES, ARE
ACCEPTABLE AND I SHALL NOW ISSUE INSTRUCTIONS TO HAVE ITS PROCEDURES PUT
INTO PRACTICE OVER HERE. THE AMENDMENT IS IN LINE FOURTEEN OF PART 1,
PARAGRAPH 2(I), WHERE THE WORD "SUB-CONTRACT" OUGHT TO COME IMMEDIATELY
AFTER "CLASSIFIE CONTRACT", AND IMMEDIATELY BEFORE "OR REQUEST FOR
PROPOSAL". I UNDERSTAND FROM OUR PEOPLE IN WASHINGTON THAT THIS WORD
WAS INADVERTENTLY OMITTED FROM THE COPY OF THE AGREEMENT WHICH
ACCOMPANIE YOUR LETTER. I HAVE HAD OUR COPIES AMENDED TO INCLUDE THIS,
AND NO DOUBT YOU WILL DO THE SAME.
I AM GRATEFUL TO YOU FOR YOUR KIND WORDS ABOUT OUR REPRESENTATIVES IN
THIS MATTER. THROUGHOUT TH NEGOTIATIONS LEADING UP TO THIS REVISED
AGREEMENT WE HAVE UNFAILINGLY MET WITH THE SAME SPIRIT OF CO-OPERATION
AND UNDERSTANDING FROM YOUR REPRESENTATIVES, AND I BELIEVE THAT THE NEW
PROCEDURES SHOULD FOSTER THE GOOD CONDUCT OF SECURITY BETWEEN OUR
RESPECTIVE COUNTRIES.
THE RIGHT HONORABLE LORD CARRINGTON
SECRETARY OF STATE FOR DEFENCE
UNITED KINGDOM
DEAR LORD CARRINGTON:
I REFER TO THE AGREEMENT BETWEEN OUR RESPECTIVE COUNTRIES ON
INDUSTRIAL SECURITY PROCEDURES WHICH WAS CONSUMMATED IN AN EXCHANGE OF
LETTERS FROM THE HONORABLE HAROLD WATKINSON, MINISTER OF DEFENCE DATED
APRIL 4, 1962, AND THE REPLY OF THE HONORABLE ROBERT S. MCNAMARA,
SECRETARY OF DEFENSE DATED JUNE 6, 1962.
SINCE THAT TIME EXTENSIVE CHANGES HAVE BEEN MADE IN THE ORGANIZATION
AND PROCEDURES OF THE DEPARTMENT OF DEFENSE INDUSTRIAL SECURITY PROGRAM,
WHICH WE BELIEVE SHOULD BE REFLECTED IN AN UPDATED AGREEMENT. IN
ADDITION, THE USE OF THE SECURITY CLASSIFICATION AND MARKING "U.S.
CONFIDENTIAL - MODIFIED HANDLING AUTHORIZED" AS AN EQUIVALENT FOR THE
UNITED KINGDOM SECURITY CLASSIFICATION CATEGORY AND MARKING OF "U.K.
RESTRICTED" HAS BEEN ELIMINATED, AND WE CONSIDER IT DESIRABLE TO SET
FORTH IN THE UPDATED PROCEDURES THE CURRENT DEPARTMENT OF DEFENSE
PROVISIONS FOR SAFEGUARDING U.K. RESTRICTED INFORMATION.
ALTHOUGH PROVISIONS SIMILAR TO THE PROPOSED PROCEDURES HAVE BEEN
INCORPORATED IN VARIOUS PARTS OF THE TEXT OF THE DOD INDUSTRIAL SECURITY
REGULATION, WE PROPOSE THAT OUR TWO GOVERNMENTS AGREE TO A REVISED TEXT
WHICH TAKES INTO ACCOUNT THE CHANGES SINCE 1962. ACCORDINGLY, I AM
ENCLOSING THREE COPIES OF A DOCUMENT ENTITLED "SECURITY AGREEMENT FOR
INDUSTRIAL OPERATIONS BETWEEN THE MINISTRY OF DEFENCE OF THE UNITED
KINGDOM AND THE DEPARTMENT OF DEFENSE OF THE UNITED STATES." IT HAS BEEN
THE SUBJECT OF DISCUSSIONS BY OUR RESPECTIVE REPRESENTATIVES WHO HAVE
TENTATIVELY AGREED TO ITS TERMS.
THIS IS TO ADVISE YOU THAT THE UNITED STATES DEPARTMENT OF DEFENSE
AGREES TO THE PROCEDURES AS THEY APPEAR IN THE ATTACHED DOCUMENT, AND TO
REQUEST THAT YOU INFORM US IF THEY ARE ACCEPTABLE TO YOUR MINISTRY.
UPON RECEIVING YOUR LETTER TO THIS EFFECT, THE UNITED STATES DEPARTMENT
OF DEFENSE WILL PREPARE AND ISSUE IMPLEMENTING REGULATIONS. WE ASSUME
THAT SIMILAR ACTION WILL BE TAKEN BY YOUR MINISTRY.
WE APPRECIATE THE COOPERATION AND UNDERSTANDING SHOWN BY THE
REPRESENTATIVES OF HER MAJESTY'S GOVERNMENT IN THIS MATTER.
SECURITY AGREEMENT FOR INDUSTRIAL OPERATIONS BETWEEN THE MINISTRY OF
DEFENCE OF THE UNITED KINGDO AND THE DEPARTMENT OF DEFENSE OF THE UNITED
STATES
PART 1. SECURITY PROCEDURES REGARDING CLASSIFIED CONTRACTS OR
SUB-CONTRACTS
1. APPLICATION
A. THIS PART APPLIES TO THOSE CASES IN WHICH:
(1) A UNITED STATES (US) GOVERNMENT CONTRACTING DEPARTMENT OR AGENCY
(FN1) PLACES OR AUTHORIZES THE PLACEMENT OF A PRIME CONTRACT, OR
SUBCONTRACT, OR ENTERS INTO PRE-CONTRACT NEGOTIATIONS APPLICABLE THERETO
IN THE UNITED KINGDOM (UK) WITH UK INDUSTRY WHICH INVOLVES DISCLOSURE OF
US CLASSIFIED DEFENSE INFORMATION.
(2) A UK GOVERNMENT AGENCY (FN2) PLACES OR AUTHORIZES THE PLACEMENT
OF A PRIME CONTRACT OR SUBCONTRACT, OR ENTERS INTO PRE-CONTRACT
NEGOTIATIONS APPLICABLE THERETO, IN THE US WITH US INDUSTR WHICH
INVOLVES DISCLOSURE OF UK CLASSIFIED INFORMATION.
FN1 THE TERM "US GOVERNMENT CONTRACTING DEPARTMENT OR AGENCY" AS USED
IN THIS AGREEMENT REFERS T THE OFFICE OF THE SECRETARY OF DEFENSE,
DEPARTMENT OF DEFENSE AGENCIES AND DEPARTMENTS OF THE ARMY, NAVY, AND
AIR FORCE, AND THE NATIONAL AERONAUTICS AND SPACE ADMINISTRATION.
FN2 THE TERM "UK GOVERNMENT AGENCY" AS USED IN THIS AGREEMENT REFERS
TO THE MINISTRY OF DEFENCE (INCLUDING THE NAVY, ARMY AND AIR FORCE
DEPARTMENTS AND THE PROCUREMENT EXECUTIVE).
B. BEFORE NEGOTIATIONS MAY BE INITIATED FOR AWARDING A CONTRACT AS
REFERRED TO IN THIS PART, A DETERMINATION MUST BE MADE BY THE
CONTRACTING DEPARTMENT OR AGENCY THAT THE PROPOSED CONTRACT IS IN
CONSONANCE WITH ESTABLISHED PROCUREMENT PROGRAMS.
2. GENERAL SECURITY RESPONSIBILITY
A. THE US DEFENSE SUPPLY AGENCY (DSA) OF THE DEPARTMENT OF DEFENSE
(DOD), OR THE PROCUREMENT EXECUTIVE OF THE UK MINISTRY OF DEFENCE
(MOD(PE)) WILL ASSUME RESPONSIBILITY FOR ADMINISTERING SECURITY MEASURES
FOR A CONTRACT OR SUBCONTRACT BEING PERFORMED IN THEIR RESPECTIVE
COUNTRIES UNDER THE SAME STANDARDS AND REQUIREMENTS AS GOVERN THE
PROTECTION OF THEIR OWN CLASSIFIED CONTRACTS.
B. THE DSA OR APPROPRIATE UK GOVERNMENT AGENCY WILL CARRY OUT
NECESSARY SECURITY INSPECTIONS OF THE FACILITY ENGAGED IN CONTRACTS OR
SUBCONTRACTS INVOLVING CLASSIFIED INFORMATION OF THE OTHER. THE
PROCESSING OF SECURITY CLEARANCES OF FACILITIES AND INDIVIDUALS WILL BE
CONDUCTED IN ACCORDANCE WITH THE NATIONAL SECURITY REGULATIONS OF THE
COUNTRY IN WHICH THE WORK IS CARRIED OUT. COSTS INCURRED IN CONDUCTING
SECURITY INVESTIGATIONS OR INSPECTIONS WILL BE BORNE BY THE GOVERNMENT
AGENC RENDERING THE SERVICE. COSTS INCURRED BY EITHER OF THE TWO
GOVERNMENTS THROUGH IMPLEMENTATION OF OTHER SECURITY MEASURES, INCLUDING
COSTS INCURRED THROUGH THE USE OF THE DIPLOMATIC COURIER SERVICE OR ANY
OTHER AUTHORIZED OFFICIAL COURIER SERVICE, WILL NOT BE REIMBURSED.
THERE SHOULD BE PROVISIONS IN CLASSIFIED CONTRACTS FOR SECURITY COSTS TO
BE INCURRED UNDER THE CONTRACT, SUCH AS SPECIAL COSTS FOR PACKING,
TRANSPORT AND THE LIKE, WHICH SHALL BE BORNE BY THE PARTY FOR WHOM THE
SERVICE IS REQUIRED UNDER THE CONTRACT. IF, SUBSEQUENT TO THE DATE OF
THE CONTRACT, THE SECURITY CLASSIFICATION OR SECURITY REQUIREMENTS UNDER
THE CONTRACT ARE CHANGED, AND THE SECURITY COSTS OR TIME REQUIRED FOR
DELIVERY UNDER THE CONTRACT ARE THEREBY INCREASED OR DECREASED, THE
CONTRACT PRICE, DELIVERY SCHEDULE, OR BOTH AND ANY OTHER PROVISIONS OF
THE CONTRACT THAT MAY BE AFFECTED SHALL BE SUBJECT TO AN EQUITABLE
ADJUSTMENT BY REASON OF SUCH INCREASED OR DECREASED COSTS. SUCH
EQUITABLE ADJUSTMENTS SHALL BE ACCOMPLISHED UNDER THE APPROPRIATE
PROVISIONS IN THE CONTRACT GOVERNING CHANGES.
C. THE DSA OR MOD(PE) WILL INSURE THAT CONTRACTORS AND SUBCONTRACTORS
HAVING ACCESS TO THE CLASSIFIED INFORMATION ARE INFORMED OF THEIR
INDIVIDUAL RESPONSIBILITY IN ACCORDANCE WITH APPLICABL LAWS AND
REGULATIONS.
D. CLASSIFIED INFORMATION RELATIVE TO THE CONTRACT WILL BE
TRANSMITTED TO A CONTRACTOR OR SUBCONTRACTOR THROUGH GOVERNMENT CHANNELS
ONLY. THE MATERIAL WILL BE PREPARED FOR MAILING AND WILL BE ADDRESSED
TO OFFICIAL GOVERNMENT ADDRESSEES IN ACCORDANCE WITH EXISTING
REGULATIONS OF THE GOVERNMENT DISPATCHING THE MATERIAL.
E. PUBLIC RELEASE BY A CONTRACTOR OR SUBCONTRACTOR OF INFORMATION
PERTAINING TO A CLASSIFIED CONTRACT OR SUBCONTRACT SHALL BE GOVERNED BY
THE DEPARTMENT OF DEFENSE INDUSTRIAL SECURITY MANUAL (DODISM), DOD
5220.22-M, AND THE REGULATIONS ISSUED BY HM GOVERNMENT. IN THE CASE OF
A BRITISH FACILITY WITH A UNITED STATES CLASSIFIED CONTRACT OR
SUBCONTRACT, INITIAL PRIOR REVIEW AND APPROVAL SHALL BE GOVERNED BY THE
REGULATIONS ISSUED BY HM GOVERNMENT WITH FINAL APPROVAL BY A UNITED
STATES AUTHORITY IN ACCORDANCE WITH THE DODISM. IN THE CASE OF A UNITED
STATES FACILITY WITH A BRITISH CLASSIFIED CONTRACT OR SUBCONTRACT,
INITIAL PRIOR REVIEW AND APPROVAL SHALL BE GOVERNED BY THE DODISM WITH
FINAL APPROVAL BY MOD(PE).
F. THE CONTRACTING GOVERNMENT DEPARTMENT OR AGENCY WHICH AWARDS A
CLASSIFIED CONTRACT AS REFERRE TO IN THIS PART WILL PERIODICALLY REVIEW
THE CLASSIFIED INFORMATION INVOLVED FOR THE PURPOSE OF DETERMINING
WHETHER IT CAN BE DOWNGRADED OR DECLASSIFIED. THE PERIOD OF TIME
BETWEEN SUCH REVIEWS SHALL NOT EXCEED ONE YEAR.
G. EACH GOVERNMENT SHALL MARK THE CLASSIFIED INFORMATION FURNISHED TO
THE OTHER GOVERNMENT WITH ITS APPROPRIATE CLASSIFICATION MARKING AND THE
NAME OF THE COUNTRY. UPON RECEIPT, INFORMATION GRADED TOP SECRET,
SECRET OR CONFIDENTIAL SHALL BE PROTECTED IN ACCORDANCE WITH THE
EQUIVALENT CLASSIFICATION OF THE RECEIVING COUNTRY AND UK RESTRICTED
INFORMATION SHALL BE PROTECTED IN THE UNITED STATES IN ACCORDANCE WITH
PARAGRAPHS 1-8 OF THE FOOTNOTE BELOW:
*FOOTNOTE
1. UK DOCUMENTS BEARING THE UK CLASSIFICATION "RESTRICTED" SHALL NOT
BE MARKED WITH ANY US SECURITY CLASSIFICATION MARKING.
2. UK RESTRICTED DOCUMENTS ON HAND WILL HAVE THE US MARKINGS "TO BE
TREATED AS CONFIDENTIAL" OR "MODIFIED HANDLING AUTHORIZED" OBLITERATED
OR EXCISED AS THEY ARE WITHDRAWN FROM FILES FOR USE.
3. UK RESTRICTED DOCUMENTS SHALL BE STORED IN LOCKED FILING
CABINETS, DESKS OR SIMILAR CLOSED SPACES OR AREAS THAT WILL PREVENT
ACCESS BY UNAUTHORIZED PERSONNEL.
4. UK RESTRICTED DOCUMENTS SHALL BE HANDLED IN A MANNER THAT WILL
PRECLUDE OPEN PUBLICATION, ACCESS OR USE FOR OTHER THAN OFFICIAL
GOVERNMENT PURPOSES OF THE UNITED STATES OR THE UNITED KINGDOM.
5. DOCUMENTS CONTAINING UK RESTRICTED INFORMATION SHALL BE RELEASED
ONLY TO FACILITIES WHICH HAV BEEN CLEARED TO THE CONFIDENTIAL LEVEL BY
THE US GOVERNMENT AND TO INDIVIDUALS WHO HAVE BEEN SECURITY CLEARED TO
THE CONFIDENTIAL LEVEL BY EITHER THE US GOVERNMENT OR A US CONTRACTOR.
BOTH FACILITIES AND INDIVIDUALS MUST ALSO HAVE A NEED FOR THE
INFORMATION IN THE COURSE OF OFFICIAL US O UK BUSINESS.
6. UK RESTRICTED DOCUMENTS SHALL BE TRANSMITTED BY ONE OF THE MEANS
AUTHORIZED FOR CONFIDENTIAL OR BY FIRST-CLASS MAIL WITHIN THE UNITED
STATES IN TWO SECURE COVERS, THE INNER COVER MARKED "UNITE KINGDOM" AND
THE WORD "RESTRICTED". TRANSMISSION OUTSIDE THE UNITED STATES SHALL BE
BY ONE OF THE MEANS AUTHORIZED FOR UNITED STATES INFORMATION CLASSIFIED
CONFIDENTIAL.
7. UK RESTRICTED INFORMATION TRANSMITTED ELECTRICALLY OUTSIDE THE US
SHALL BE ENCYPHERED.
8. UNCLASSIFIED US DOCUMENTS ORIGINATED BY A US GOVERNMENT AGENCY OR
A US CONTRACTOR WHICH CONTAIN UK RESTRICTED INFORMATION SHALL BEAR ON
THE FRONT COVER AND THE FIRST PAGE THE NOTATION "INCLUDES UK
RESTRICTED", AND SHALL BE SAFEGUARDED IN ACCORDANCE WITH THE FOREGOING
PARAGRAPHS.
(END OF FOOTNOTE)
H. CLASSIFIED INFORMATION PRODUCED OR REPRODUCED IN CONNECTION WITH
CLASSIFIED CONTRACTS OR SUBCONTRACTS SHALL BE MARKED WITH THE ASSIGNED
CLASSIFICATION MARKINGS OF THE CONTRACTING COUNTRY. THESE MARKINGS
SHALL BE APPLIED IN THE MANNER PRESCRIBED IN THE REGULATIONS OF THE
COUNTRY IN WHICH THE INFORMATION IS PRODUCED OR REPRODUCED. TO THE
EXTENT POSSIBLE, EACH PAGE, PARAGRAPH, SECTION O CHAPTER OF A DOCUMENT
WILL BE MARKED ACCORDING TO ITS OWN CLASSIFICATION AND WITH THE NAME OF
THE COUNTRY WHICH FURNISHED THAT PARTICULAR INFORMATION.
I. SECURITY CLASSIFICATION GUIDANCE. THE APPROPRIATE ACTIVITY OF THE
CONTRACTING GOVERNMENT SHALL FURNISH THE DESIGNATED AGENCY OF THE
GOVERNMENT RESPONSIBLE FOR ADMINISTERING SECURITY MEASURES CONCERNING
THE CONTRACT, WHICH IN TURN SHALL FURNISH THE CONTRACTOR OR
SUBCONTRACTOR, WITH THE SECURITY CLASSIFICATION GUIDANCE PERTAINING TO
EACH CLASSIFIED ELEMENT RELATED TO THE CONTRACT. THIS GUIDANCE SHALL BE
IN THE FORM OF THE CONTRACT SECURITY CLASSIFICATION SPECIFICATION OF THE
CONTRACTING COUNTRY OR, IF NECESSARY, WRITTEN DETAILED SPECIAL
INSTRUCTIONS. THE OBJECTIVE IS TO IDENTIFY THAT CLASSIFIED INFORMATION
WHICH IS FURNISHED BY THE CONTRACTING COUNTRY IN CONNECTION WITH THE
CONTRACT OR WHICH IS GENERATED PURSUANT TO THE CLASSIFIED CONTRACT AND
TO ASSIGN TO SUCH INFORMATION A PROPER SECURITY CLASSIFICATION. TWO
COPIES OF THE CLASSIFICATION GUIDANCE, AND OF TH APPLICABLE CLASSIFIED
CONTRACT, SUBCONTRACT, OR REQUEST FOR PROPOSAL, CONTAINING THE SECURITY
REQUIREMENTS CLAUSE WILL BE SUBMITTED TO THE DESIGNATED AGENCY OF THE
GOVERNMENT WHICH IS RESPONSIBLE FOR ADMINISTERING SECURITY MEASURES.
THE ADDRESSES OF THE DESIGNATED AGENCIES ARE:
UNITED STATES UNITED KINGDOM
CHIEF, OFFICE OF INDUSTRIAL SECURITY BRITISH DEFENCE STAFF,
CONTRACT ADMINISTRATION SERVICES WASHINGTON
DEFENSE SUPPLY AGENCY BRITISH EMBASSY
CAMERON STATION 3100 MASSACHUSETTS AVE.,
ALEXANDRIA, VIRGINIA 22314 N.W., WASHINGTON, D.C.
3. UNITED STATES CLASSIFIED CONTRACTS OR SUBCONTRACTS IN THE UNITED
KINGDOM
A. THE UK HAS THE GENERAL RESPONSIBILITY FOR MAKING ARRANGEMENTS FOR
VISITS WITHIN THE UK BY US PERSONNEL WHEN A US GOVERNMENT CONTRACTING
DEPARTMENT OR AGENCY DESIRES TO CARRY ON PRECONTRACT NEGOTIATIONS
LEADING TO THE POSSIBLE AWARD OF A CLASSIFIED CONTRACT OR SUBCONTRACT TO
A FIRM IN THE UK. THE MINISTRY OF DEFENCE SY 2(PE)/IVCO IS THE INITIAL
POINT OF CONTACT FOR US DEPARTMENTS OR AGENCIES WHEN NEGOTIATING
CLASSIFIED CONTRACTS OR SUBCONTRACTS IN THE UK. US GOVERNMENT
CONTRACTIN DEPARTMENTS OR AGENCIES SHALL MAKE THEIR REQUESTS TO THE
MINISTRY OF DEFENCE (THROUGH THE BRITISH DEFENCE STAFF, WASHINGTON
(BDSW)) INDICATING THE TYPE OF EQUIPMENT OR WORK TO BE CONTRACTED FOR
AND THE LEVEL OF CLEARANCE REQUIRED FOR PERSONNEL AND FACILITIES.
B. IMPLEMENTING PROCEDURES WILL BE DEVELOPED UNDER EACH CONTRACT OR
SUBCONTRACT TO DESIGNATE THE LOCAL UK GOVERNMENT OFFICE WHICH WILL
RECEIVE AND TRANSMIT THE CLASSIFIED MATTER TO AND FROM THE US SOURCE.
SUCH PROCEDURES SHALL ALSO INCLUDE INSTRUCTIONS AS TO THOSE INDIVIDUALS
AT THE CONTRACTING FACILITY AUTHORIZED TO RECEIVE OR TRANSMIT THE
CLASSIFIED MATTER TO AND FROM THE UK SOURCE. DIRECT CHANNELS OF
COMMUNICATIONS AND TRANSMITTALS ARE AUTHORIZED BETWEEN THE DESIGNATED
GOVERNMENT OFFICES, SUBJECT TO THE PROVISIONS OF PARAGRAPH 2.D. ABOVE,
AND SUCH OTHER REGULATIONS AS MAY BE APPLICABLE.
C. AUTHORIZATION FOR US OR UK VISITORS TO HAVE ACCESS TO CLASSIFIED
INFORMATION AT THE CONTRACTO FACILITY WILL BE LIMITED TO THOSE NECESSARY
FOR OFFICIAL PURPOSES IN CONNECTION WITH THE CONTRACT O SUBCONTRACT. A
PROPOSAL BY THE US CONTRACTING DEPARTMENT OR AGENCY HAVING PRIMARY
INTEREST FOR AN INDIVIDUAL TO MAKE A VISIT INVOLVING ACCESS TO
CLASSIFIED INFORMATION WILL BE FORWARDED TO THE MINISTRY OF DEFENCE SY
2(PE)/IVCO.
IF IT IS NECESSARY FOR UK CONTRACTORS' PERSONNEL TO VISIT THE USA AND
CLASSIFIED INFORMATION IS INVOLVED, A PROPOSAL WILL BE SUBMITTED TO THE
DESIGNATED US DEPARTMENT THROUGH SY 2(PE)/IVCO AND BDSW.
VISITS TO CONTRACTORS' FACILITIES AND GOVERNMENT INSTALLATIONS IN
EITHER COUNTRY WILL BE ARRANGED IN ACCORDANCE WITH THE ESTABLISHED
PROCEDURES OF THE COUNTRY CONCERNED.
D. WHEN REQUESTED BY THE CONTRACTING US DEPARTMENT OR AGENCY, THE
AUTHORITY TO VISIT THE FACILIT OF THE PRIME CONTRACTOR SHALL INCLUDE
AUTHORIZATION TO HAVE ACCESS TO CLASSIFIED INFORMATION AT A FACILITY OF
A SUBCONTRACTOR ENGAGED IN PERFORMANCE OF WORK IN CONNECTION WITH THE
SAME PRIME CONTRACT.
E. SECURITY REQUIREMENTS CLAUSE. US CONTRACTING OFFICERS SHALL
INCORPORATE THE FOLLOWING SECURITY REQUIREMENTS CLAUSES IN ANY
CLASSIFIED CONTRACT OR SUBCONTRACT AWARDED OR PLACED WITH A UK FIRM:
CONDITION A.
(1) EXCEPT WITH THE CONSENT IN WRITING OF THE (INSERT THE NAME OF THE
DESIGNATED UK AGENCY) THE CONTRACTOR SHALL NOT DISCLOSE THE CONTRACT OR
ANY PROVISION THEREOF, OR ANY SPECIFICATION, PLAN, DRAWING, PATTERN,
SAMPLE OR INFORMATION ISSUED OR FURNISHED BY OR ON BEHALF OF (INSERT THE
NAME OF THE CONTRACTING US DEPARTMENT) IN CONNECTION THEREWITH TO ANY
PERSON, OTHER THAN A PERSON EMPLOYED OR ENGAGED BY THE CONTRACTOR IN THE
CARRYING-OUT OF THE CONTRACT OR ANY SUBCONTRACTOR, SUPPLIER OR OTHER
PERSON CONCERNED WITH THE SAME.
(2) ANY DISCLOSURE TO ANY PERSON PERMITTED UNDER CLAUSE (1) OF THIS
CONDITION SHALL BE MADE IN CONFIDENCE AND SHALL EXTEND SO FAR ONLY AS IS
NECESSARY FOR THE PURPOSE OF THE CONTRACT.
CONDITION B.
(1) WHERE ANY INFORMATION IN CONNECTION WITH THE CONTRACT HAS BEEN
DESIGNATED IN WRITING BY (INSERT THE NAME OF THE CONTRACTING US
DEPARTMENT) AS CLASSIFIED INFORMATION.
(A) THE CONTRACTOR SHALL NOT DISCLOSE THAT INFORMATION, SHALL NOT
PERMIT THAT INFORMATION TO BE DISCLOSED, AND SHALL TAKE ALL PRACTICABLE
MEASURES TO PREVENT THAT INFORMATION BEING DISCLOSED, TO ANY PERSON
(WHETHER AN EMPLOYEE OF THE CONTRACTOR OR NOT) WHO IS NOT A PERSON TO
WHOM THE CONTRACTO IS CURRENTLY PERMITTED BY (INSERT THE NAME OF THE
DESIGNATED UK GOVERNMENT AGENCY) IN HER MAJESTY'S GOVERNMENT IN THE
UNITED KINGDOM TO DISCLOSE CLASSIFIED INFORMATION; AND
(B) THE CONTRACTOR SHALL PROTECT THAT INFORMATION, GRADE FOR GRADE,
IN THE MANNER AND TO THE EXTENT REQUIRED BY (INSERT THE NAME OF THE
DESIGNATED UK GOVERNMENT AGENCY) AFORESAID.
(2) THE CONTRACTOR'S OBLIGATION UNDER THIS CONDITION SHALL APPLY AS
WELL AFTER AS BEFORE THE COMPLETION OR TERMINATION OF THE CONTRACT.
(3) ANY BREACH BY THE CONTRACTOR OF HIS OBLIGATIONS UNDER THIS
CONDITION SHALL ENTITLE (INSERT THE NAME OF THE CONTRACTING US
DEPARTMENT) (WITHOUT PREJUDICE TO ANY OTHER RIGHT OR REMEDY OF THAT
DEPARTMENT) FORTHWITH TO TERMINATE THE CONTRACT BY NOTICE IN WRITING TO
THE CONTRACTOR.
NOTE: IN THE EVENT OF ANY INCONSISTENCY OR CONFLICT BETWEEN
CONDITIONS A AND B, THE PROVISIONS O CONDITION B SHALL PREVAIL.
4. UNITED KINGDOM CLASSIFIED CONTRACTS OR SUBCONTRACTS IN THE UNITED
STATES
A. THE INITIAL POINT OF CONTACT FOR THE UK ON THE SECURITY ASPECTS
FOR THE PLACEMENT OF A CLASSIFIED CONTRACT IN THE US WILL BE THE OFFICE
OF INDUSTRIAL SECURITY, CONTRACT ADMINISTRATION SERVICES, DEFENSE SUPPLY
AGENCY. THAT OFFICE WILL DESIGNATE THE DEFENSE CONTRACT ADMINISTRATION
SERVICES REGIONAL OFFICE (DCASR) WHICH WILL EXERCISE SECURITY COGNIZANCE
OVER THE FIRM CONCERNED WITH PRECONTRACT NEGOTIATIONS AND/OR THE
PERFORMANCE OF THE CONTRACT OR SUBCONTRACT.
B. WHEN PRECONTRACT DISCUSSIONS BETWEEN REPRESENTATIVES OF THE UK
GOVERNMENT AND A US FIRM WILL INVOLVE DISCLOSURE OF UK CLASSIFIED
INFORMATION TO THE US FIRM, THE DESIGNATED UK GOVERNMENT AGENCY THROUGH
BDSW WILL COMMUNICATE WITH THE OFFICE OF INDUSTRIAL SECURITY, HQ DSA,
TO:
(1) OBTAIN INFORMATION AS TO THE PRESENT FACILITY SECURITY CLEARANCE
STATUS OF THE FIRM IN ORDER TO CARRY ON THE CLASSIFIED DISCUSSION.
(2) DETERMINE THE ABILITY OF THE FACILITY TO STORE PROPERLY THE
CLASSIFIED INFORMATION.
(3) REQUEST CLEARANCE ACTION IN THOSE CASES IN WHICH A FACILITY
SECURITY CLEARANCE OF THE APPROPRIATE LEVEL HAS NOT BEEN GRANTED.
(4) OBTAIN INFORMATION AS TO THE SECURITY CLEARANCE OF THE KEY
PERSONNEL SO AS TO KNOW TO WHOM THEY MAY TALK.
(5) ESTABLISH GOVERNMENT-TO-GOVERNMENT CHANNELS FOR TRANSMISSION OF
CLASSIFIED INFORMATION.
C. VISITS TO CONTRACTORS' FACILITIES AND GOVERNMENT INSTALLATIONS IN
EITHER COUNTRY WILL BE ARRANGED IN ACCORDANCE WITH THE ESTABLISHED
PROCEDURES OF THE COUNTRY CONCERNED.
D. WHEN A CLASSIFIED CONTRACT OR SUBCONTRACT HAS BEEN AWARDED, OTHER
THAN A DIRECT CONTRACT BY A US GOVERNMENT AGENCY, THE DEFENSE SUPPLY
AGENCY SHALL COORDINATE CLASSIFIED TRANSMISSION CHANNELS WITH BDSW.
E. WHEN REQUESTED BY THE DESIGNATED UK GOVERNMENT AGENCY, THE
AUTHORITY TO VISIT THE FACILITY OF THE PRIME CONTRACTOR SHALL INCLUDE
AUTHORIZATION TO HAVE ACCESS TO CLASSIFIED INFORMATION AT THE FACILITY
OF A SUBCONTRACTOR ENGAGED IN PERFORMANCE OF WORK IN CONNECTION WITH THE
SAME PRIME CONTRACT.
F. UK CONTRACTING OFFICERS SHALL INCORPORATE THE SECURITY
REQUIREMENTS CLAUSES IN PARAGRAPH 3(E) IN ANY CLASSIFIED CONTRACT OR
SUBCONTRACT AWARDED OR PLACED WITH A US FIRM. THE DESIGNATIONS IN TH
CLAUSES WILL BE COMPLETED APPROPRIATELY.
PART 2. SECURITY ASSURANCES FOR FIRMS HAVING FOREIGN CONNECTIONS
1. APPLICATION
THIS PART APPLIES IN THOSE CASES IN WHICH:
A. THE DSA DESIRES TO OBTAIN A SECURITY ASSURANCE FOR A FIRM LOCATED
IN THE UK IN ORDER THAT A FIRM IN THE US UNDER THE OWNERSHIP, CONTROL OR
INFLUENCE OF THE UK FIRM MAY BE ELIGIBLE FOR A UK RECIPROCAL FACILITY
SECURITY CLEARANCE.
B. THE UK DESIRES A US SECURITY ASSURANCE FOR A PARENT ORGANIZATION
IN THE US IN ORDER THAT A FIRM IN THE UK MAY BE ELIGIBLE FOR ACCESS TO
UK CLASSIFIED INFORMATION.
2. GENERAL RESPONSIBILITY
A. THE DSA OR MOD(PE), WHEN REQUESTED TO FURNISH A SECURITY ASSURANCE
FOR A FIRM TO THE OTHER GOVERNMENT, WILL ASSUME RESPONSIBILITY FOR
PROCESSING THE CLEARANCE ACTION. THE STANDARDS AND REQUIREMENTS
GOVERNING THE GRANTING OF SECURITY CLEARANCES FOR THE PROTECTION OF ITS
OWN CLASSIFIED INFORMATION WILL BE FOLLOWED. IF A FIRM HAS A FACILITY
SECURITY CLEARANCE FOR A CLASSIFICATION CATEGORY LOWER THAN THAT WHICH
IS REQUESTED, ACTION WILL BE TAKEN TO RAISE THE FACILITY SECURITY
CLEARANCE TO THE REQUIRED LEVEL.
B. THE DSA OR MOD(PE), ON RECEIVING A SECURITY ASSURANCE, WILL ENSURE
THAT THE FIRM AND ALL INDIVIDUALS THEREOF WHO ARE GRANTED A CLEARANCE
ARE INFORMED OF THEIR RESPONSIBILITIES UNDER APPLICABLE LAWS AND
REGULATIONS FOR SAFEGUARDING CLASSIFIED INFORMATION DISCLOSED TO THEM,
REGARDLESS OF WHICH COUNTRY CLASSIFIED THE INFORMATION. (SEE PART 3 OF
THIS AGREEMENT FOR ADDITIONAL REQUIREMENTS REGARDING CLEARED
INDIVIDUALS.)
C. THE US AND THE UK SHALL ACCEPT A SECURITY ASSURANCE PROVIDED BY
EITHER COUNTRY REGARDING ONE OF ITS FIRMS. HOWEVER, ANY CLEARANCE OF A
FIRM BASED UPON A SECURITY ASSURANCE, WHICH HAS BEEN GIVEN UNDER THE
PROCEDURES IN THIS PART, IS SUBJECT TO REVIEW BY THE GOVERNMENT WHICH
GRANTED THE FACILITY SECURITY CLEARANCE. A REVIEW WILL ALSO BE MADE
WHEN REQUESTED BY THE GOVERNMENT WHICH ASKED FOR THE SECURITY ASSURANCE.
THE REQUESTING US OR UK DEPARTMENT OR AGENCY WILL BE NOTIFIED PROMPTLY
OF SUSPENSION OF THE FACILITY SECURITY CLEARANCE OR OF ACTION TAKEN TO
REVOKE OR TERMINATE IT.
D. THE BDSW IS DESIGNATED AS THE CHANNEL BETWEEN THE GOVERNMENTS FOR
REQUESTING CLEARANCE INFORMATION FOR UK FIRMS.
3. SECURITY ASSURANCE REGARDING A UNITED KINGDOM FACILITY
A. WHEN IT HAS BEEN DETERMINED THAT A FIRM IN THE US IS NOT ELIGIBLE
FOR A FACILITY SECURITY CLEARANCE BECAUSE OF OWNERSHIP, CONTROL, OR
INFLUENCE THAT IS EXERCISED BY A FIRM IN THE UK, THE US FIRM MAY BE
GRANTED A UK RECIPROCAL FACILITY SECURITY CLEARANCE IF THE UK CLEARS THE
UK FIRM AND FURNISHES A SECURITY ASSURANCE. THE DEFENSE INDUSTRIAL
SECURITY CLEARANCE OFFICE (DISCO) WILL REQUEST BDSW TO PROVIDE THE
NECESSARY SECURITY ASSURANCE REGARDING THE UK FIRM.
B. THE BDSW WILL BE RESPONSIBLE FOR ASCERTAINING THE CLEARANCE STATUS
OF THE UK FIRM, AND FOR FURNISHING DISCO THE SECURITY ASSURANCE
REQUESTED, IF OR WHEN THE FIRM MEETS THE UK CLEARANCE REQUIREMENTS. IF
THE SECURITY ASSURANCE REQUESTED CANNOT BE FURNISHED PROMPTLY, DISCO
WILL BE INFORMED OF THE ACTION THAT IS BEING TAKEN TO PROCESS THE
REQUEST OR THAT NO ASSURANCE CAN BE GIVEN
4. SECURITY ASSURANCE REGARDING A UNITED STATES FACILITY
A. WHEN THE UK DESIRES THAT A PARENT ORGANIZATION IN THE US BE
CLEARED IN CONNECTION WITH CLASSIFIED DEFENSE CONTRACTS TO BE PERFORMED
BY ITS SUBSIDIARY IN THE UK, THE BDSW WILL SEND A REQUEST FOR NECESSARY
SECURITY ASSURANCE TO DISCO. THE REQUEST WILL STATE THE CLASSIFICATION
CATEGORY OF INFORMATION CONCERNING WHICH A SECURITY ASSURANCE IS NEEDED.
B. DISCO WILL BE RESPONSIBLE FOR VERIFYING THE CLEARANCE STATUS OF
THE US FIRM AND FOR FURNISHIN TO BDSW THE SECURITY ASSURANCE REQUESTED
IF OR WHEN THE FIRM MEETS THE US CLEARANCE REQUIREMENTS. IF THE
SECURITY ASSURANCE CANNOT BE FURNISHED PROMPTLY, THE BDSW WILL BE
INFORMED OF THE ACTION THA IS BEING TAKEN TO PROCESS THE REQUEST OR THAT
NO ASSURANCE CAN BE GIVEN.
PART 3. SECURITY ASSURANCES FOR INDIVIDUALS
1. APPLICATION
THIS PART WILL APPLY TO THOSE CASES IN WHICH:
A. THE DSA, ACTING FOR THE US, DESIRES THAT IT BE GIVEN A SECURITY
ASSURANCE BY THE UK FOR A UK NATIONAL IN CONNECTION WITH GRANTING A US
FACILITY SECURITY CLEARANCE, OR FOR THE PERFORMANCE OF CLASSIFIED
CONTRACT WORK IN THE US. THIS EXCLUDES THOSE INDIVIDUALS WHO HAVE
STATUS AS ALIENS ADMITTED TO THE US UNDER AN IMMIGRATION VISA FOR
PERMANENT RESIDENCE AND OTHER INDIVIDUALS WHOSE PERMANENT RESIDENCE IS
OUTSIDE THE UK.
B. THE UK DESIRES THAT IT BE GIVEN A SECURITY ASSURANCE REGARDING A
CITIZEN OF THE US IN CONNECTION WITH THE AWARD OR PERFORMANCE OF A UK
CLASSIFIED CONTRACT IN THE UK. EXCEPT FOR THOSE U CITIZENS WHO RESIDE
IN THE UNITED KINGDOM, THIS EXCLUDES THOSE INDIVIDUALS WHOSE PERMANENT
RESIDENC IS OUTSIDE THE US, PUERTO RICO, PANAMA CANAL ZONE OR A US
POSSESSION OR TRUST TERRITORY.
2. GENERAL RESPONSIBILITIES
A. THE DSA OR MOD(PE), WHEN REQUESTED TO CLEAR AN INDIVIDUAL AND
FURNISH A SECURITY ASSURANCE TO THE OTHER GOVERNMENT, WILL ASSUME
RESPONSIBILITY FOR CLEARANCE ACTION. THE STANDARDS AND REQUIREMENTS
GOVERNING THE GRANTING OF PERSONNEL CLEARANCES IN CONNECTION WITH THE
PROTECTION OF IT OWN CLASSIFIED INFORMATION WILL BE FOLLOWED. IF THE
INDIVIDUAL HAS A CLEARANCE FOR A CLASSIFICATIO CATEGORY LOWER THAN THAT
WHICH IS REQUESTED, ACTION SHALL BE TAKEN TO RAISE THE CLEARANCE TO THE
REQUIRED CATEGORY.
B. THE DSA OR MOD(PE), ON RECEIVING A SECURITY ASSURANCE, WILL ENSURE
THAT THE INDIVIDUAL IS INFORMED OF HIS RESPONSIBILITIES UNDER APPLICABLE
LAWS AND REGULATIONS FOR SAFEGUARDING CLASSIFIED INFORMATION DISCLOSED
TO HIM, REGARDLESS OF WHICH COUNTRY CLASSIFIED THE INFORMATION. THE
NOTIFICATION OF RESPONSIBILITY WILL INCLUDE ADVICE AS TO:
(1) THE POSSIBILITY OF REVOKING OR WITHDRAWING ANY CLEARANCE GRANTED
HIM IF HE DISCLOSES TO UNAUTHORIZED PERSONS ANY INFORMATION CLASSIFIED
BY EITHER THE US OR THE UK (APPLIES ONLY TO THE DSA AND US CITIZENS).
(2) HIS PERSONAL LIABILITY TO PROSECUTION FOR UNAUTHORIZED DISCLOSURE
OF CLASSIFIED INFORMATION.
C. EACH COUNTRY WILL ACCEPT PERSONNEL SECURITY ASSURANCES PROVIDED BY
THE OTHER COUNTRY. HOWEVER, ANY PERSONNEL SECURITY CLEARANCE, WHICH
UNDERLIES A SECURITY ASSURANCE WHICH HAS BEEN GIVE UNDER THE PROCEDURES
IN THIS PART, IS SUBJECT TO REVIEW BY THE GOVERNMENT WHICH GRANTED THE
CLEARANCE, IN THE EVENT THAT DEROGATORY INFORMATION IS DEVELOPED
SUBSEQUENT TO CLEARANCE ACTION. A REVIEW ALSO WILL BE MADE WHEN
REQUESTED BY THE GOVERNMENT WHICH ASKED FOR A SECURITY ASSURANCE.
D. IF EITHER THE US DEPARTMENT OF DEFENSE OR UK MOD(PE) SUSPENDS OR
TAKES ACTION TO REVOKE THE CLEARANCE OF AN INDIVIDUAL CONCERNING WHOM IT
FURNISHED A SECURITY ASSURANCE, OR SUSPENDS OR TAKES ACTION TO REVOKE A
CLEARANCE WHICH IT GRANTED TO A CITIZEN OF THE OTHER COUNTRY AFTER
RECEIVING A SECURITY ASSURANCE, THE OTHER GOVERNMENT WILL BE NOTIFIED
PROMPTLY.
E. THE BDSW AND THE INTERNATIONAL PROGRAMS DIVISION, DISCO, ARE
DESIGNATED AS THE CHANNELS BETWEEN THE GOVERNMENTS FOR REQUESTING
CLEARANCE INFORMATION FOR INDIVIDUALS.
3. UK SECURITY ASSURANCE REGARDING A UNITED KINGDOM NATIONAL IN THE
UNITED STATES
A. A FIRM IN THE US WHICH HAS A CLASSIFIED CONTRACT OR WHICH IS BEING
PROCESSED FOR A FACILITY SECURITY CLEARANCE, MAY REQUEST THAT A UK
NATIONAL BE GRANTED CLEARANCE AS AN OWNER, OFFICER, PARTNER, DIRECTOR,
REGENT, TRUSTEE, EXECUTIVE PERSONNEL, OR EMPLOYEE OF SUCH FIRM ON THE
BASIS THAT HIS POSITION OR DUTIES REQUIRE HIM TO HAVE ACCESS TO
CLASSIFIED INFORMATION. IF THE FACTS IN THE CASE INDICATE THAT THE
PROCEDURES IN THIS PART APPLY, DISCO WILL INITIATE APPROPRIATE ACTION.
THEREAFTER, DISCO WILL REQUEST THE BDSW TO PROCESS A UK RECIPROCAL
SECURITY ASSURANCE FOR THE INDIVIDUAL. FORWARDED WITH THE REQUEST WILL
BE TWO SIGNED DD FORM 49 PACKETS (PERSONNEL SECURITY QUESTIONNAIRE -
INDUSTRIAL - MULTIPLE PURPOSE) AND ONE APPLICANT FINGERPRINT CARD (DD
FORM 258).
B. MOD(PE) WILL BE RESPONSIBLE FOR VERIFYING THE SECURITY CLEARANCE
STATUS OF THE INDIVIDUAL AND FOR FURNISHING DISCO WITH THE SECURITY
ASSURANCE REQUESTED, IF THE INDIVIDUAL MEETS THE UK SECURITY CLEARANCE
REQUIREMENTS. IF THE SECURITY ASSURANCE REQUESTED CANNOT BE FURNISHED
PROMPTLY, DISCO WILL BE INFORMED OF THE ACTION THAT IS BEING TAKEN TO
PROCESS THE REQUEST OR THAT NO ASSURANCE CAN BE GIVEN. IF THE
INDIVIDUAL HAS RESIDED IN THE UNITED STATES FOR ANY SIGNIFICANT PERIOD
OF HIS ADULT LIFE, THE DESIGNATED UK GOVERNMENT AGENCY MAY REQUEST DISCO
TO HAVE THAT PERIOD COVERED FOR PROPER DEVELOPMENT OF THE INVESTIGATION.
4. US SECURITY ASSURANCE REGARDING A UNITED STATES CITIZEN IN THE
UNITED KINGDOM
A. WHEN THE UK DESIRES THAT A US CITIZEN, TO WHOM THE PROCEDURES IN
THIS PART APPLY, BE CLEARED IN CONNECTION WITH THE AWARD OR PERFORMANCE
OF CLASSIFIED CONTRACT WORK IN THE UK, THE UK WILL SEND A REQUEST
THROUGH BDSW FOR NECESSARY SECURITY ASSURANCE TO THE CHIEF, DISCO, ATTN:
INTERNATIONAL PROGRAMS DIVISION. THE REQUEST WILL STATE THE
CLASSIFICATION CATEGORY FOR WHICH A SECURITY ASSURANCE IS NEEDED. THE
DISCO WILL PROVIDE BDSW WITH THE NECESSARY FORMS FOR COMPLETION BY THE
INDIVIDUAL CONCERNED. IF THE INDIVIDUAL HAS RESIDED IN THE UNITED
KINGDOM FOR ANY SIGNIFICANT PERIOD OF HIS ADULT LIFE, THE DESIGNATED US
GOVERNMENT INVESTIGATIVE AGENCY WILL REQUEST THE APPROPRIATE AGENCY OF
THE UNITED KINGDOM TO HAVE THAT PERIOD COVERED FOR THE PROPER
DEVELOPMENT OF THE INVESTIGATION.
B. THE DISCO WILL ASCERTAIN THE CLEARANCE STATUS OF THE INDIVIDUAL
AND WILL FORWARD THE INFORMATION TO BDSW.
UNITED KINGDOM 16 MAR 1973 FLITE DOCUMENT NO. 7502381
AGREEMENT
TAX RELIEF FOR THE MILITARY
MR. LOUIS G. FIELDS
ASSISTANT LEGAL ADVISOR FOR
POLITICAL-MILITARY AFFAIRS
OFFICE OF THE LEGAL ADVISOR
DEPARTMENT OF STATE
WASHINGTON, D.C. 20520
DEAR LOU:
HERE IS YET ANOTHER COMMUNIQUE FROM HER MAJESTY'S CUSTOMS AND EXCISE
DEALING WITH THE SUBJECT OF VALUE ADDED TAX. THIS PARTICULAR MESSAGE
COVERS CERTAIN RELIEF FROM THIS TAX AFFORDED THOSE MILITARY
ESTABLISHMENTS IN THE UNITED KINGDOM WHICH ARE HERE UNDER THE STATUS OF
FORCES AGREEMENT BETWEEN THE GOVERNMENTS OF THE U.S. AND THE U.K. OF
MARCH 1952. YOU WILL NOTE THE RELIEF AFFORDED THE MILITARY UNDER THE
LATTER AGREEMENT IS MUCH BROADER THAN THAT GRANTED TO DIPLOMATIC
ESTABLISHMENTS.
REGARDS TO THE STAFF OF THE LEGAL ADVISOR'S OFFICE.
MR JAMES E AMMERMAN OUR REF: T 22/22/1
TREASURY ATTACHE
EMBASSY OF THE UNITED STATES
OF AMERICA
1 GROSVENOR SQUARE
LONDON W 1 7 MARCH 1973
DEAR MR. AMMERMAN
VALUE ADDED TAX
I REFER TO A MEETING AT THE UNITED STATES EMBASSY ON 24 MAY 1972
BETWEEN MR. GRIFFIN AND MEMBERS OF THE UNITED STATES ARMED FORCES AND
REPRESENTATIVES OF THIS DEPARTMENT TO DISCUSS RELIEFS FROM VALUE ADDED
TAX AND CAR TAX ON PURCHASES BY THE US ARMED FORCES IN THE UNITED
KINGDOM AND ALSO TO A MEETING WITH YOURSELF ON 11 SEPTEMBER 1972 AND
SUBSEQUENT CORRESPONDENCE ON THIS SUBJECT.
2. IN MY LETTER OF 18 SEPTEMBER 1972, I CONFIRMED THAT IT WAS THE
INTENTION THAT THE RELIEFS TO BE APPLIED UNDER VAT FOR US FORCES,
PURCHASES OF TAXABLE GOODS AND SERVICES IN THE UNITED KINGDOM A FROM 1
APRIL 1973 SHOULD FOLLOW BROADLY THE PRESENT SYSTEM OF RELIEFS ALLOWED
IN RESPECT OF PURCHAS TAX UNDER THE TERMS OF THE AGREED MINUTE OF 17/18
MARCH 1952 BETWEEN THE GOVERNMENTS OF THE UNITED STATES AND THE UNITED
KINGDOM CONCERNING UNITED STATES GOVERNMENT EXPENDITURE IN THE UNITED
KINGDOM
THE EFFECT OF THIS IS THAT NO VAT (OR CAR TAX) WILL BE CHARGED ON
SUCH PURCHASES BY THE SUPPLIERS CONCERNED. PARAGRAPH 4 OF THE AGREED
MINUTE PROVIDES FOR PROCEDURES TO BE AGREED BETWEEN THE TWO GOVERNMENTS
FOR EXEMPTION OR RELIEF ON US GOVERNMENT EXPENDITURES FROM UK TAXES NOT
SPECIFICALLY REFERRED TO IN THE MINUTE, SO THAT IT DOES NOT APPEAR THAT
ANY AMENDMENT TO THE AGREED MINUTE IS NECESSARY.
3. THE CATEGORIES OF PURCHASES TO WHICH RELIEFS ARE APPLICABLE ARE
AS FOLLOWS: -
A. PURCHASES BY THE US GOVERNMENT OF EQUIPMENT, MATERIALS, FACILITIES
AND SERVICES FOR THE COMMO DEFENCE EFFORT AND FOR THE FOREIGN AID
PROGRAMMES OF THE US GOVERNMENT.
B. PURCHASES BY THE US NAVY EXCHANGE (USNE) AND THE US EUROPEAN
EXCHANGE SYSTEM (EES) OF GOODS FOR EXPORTATION, FOR THE USE OF THE US
BASE EXCHANGES IN THE UNITED KINGDOM, OR FOR RESALE IN SUCH EXCHANGES TO
ENTITLED US PERSONNEL.
C. PURCHASES OF GOODS BY THE COMMAND WELFARE FUND CUSTODIAN FOR THE
USE OF US ARMED FORCES.
D. PURCHASES OF GOODS BY THE US NAVY SUBMARINE SUPPLY SHIP IN THE
HOLY LOCH FOR RESALE TO ENTITLED PERSONNEL IN THE VESSEL.
C. PRIVATE PURCHASES BY US ENTITLED PERSONNEL OF BRITISH MOTOR
VEHICLES (INCLUDING TWO-WHEELED MOTOR VEHICLES) DIRECT FROM REGISTERED
MOTOR MANUFACTURERS.
4. IT SHOULD BE NOTED THAT RELIEF FROM VAT (AND CAR TAX, WHERE
APPLICABLE) CAN ONLY BE ALLOWED I THE PURCHASES ARE MADE DIRECT BY THE
US AUTHORITIES FROM TAXABLE PERSONS (IE THE EQUIVALENT OF REGISTERED
TRADERS UNDER PURCHASE TAX). THE PROCEDURES TO BE APPLIED TO THE
DIFFERENT CATEGORIES O PURCHASES REFERRED TO IN PARAGRAPH 3 ABOVE ARE:
-
A. ORDERS WILL BE PLACED ONLY BY CERTAIN AUTHORISED PROCUREMENT AND
PURCHASING OFFICERS OF THE U GOVERNMENT (INCLUDING OFFICERS OF THE US
ARMED FORCES). THE AUTHORIZED OFFICER WILL GIVE, WITH THE ORIGINAL
CONTRACT OR ORDER, THE FOLLOWING SIGNED CERTIFICATE: -
"THE GOODS AND/OR SERVICES LISTED ABOVE ARE TO BE DELIVERED AT A
PRICE EXCLUSIVE OF VAT UNDER ARRANGEMENTS MADE WITH H M CUSTOMS AND
EXCISE PURSUANT TO AN AGREEMENT BETWEEN THE GOVERNMENTS OF THE UNITED
KINGDOM AND THE UNITED STATES OF AMERICA OF MARCH 1952. I HEREBY
CERTIFY THAT THESE GOODS AND/OR SERVICES ARE BEING PURCHASED FROM UNITED
STATES APPROPRIATED FUNDS FOR UNITED STATES OFFICIAL PURPOSES ONLY".
IF CONTRACTS OR ORDERS ARE SUBSEQUENTLY MODIFIED IN RESPECT OF
QUANTITY OR SPECIFICATION OF THE ITEMS INVOLVED, A NEW CERTIFICATE MUST
BE FURNISHED WITH SUCH MODIFICATION. A SEPARATE CERTIFICATE WILL BE
GIVEN IN CONNECTION WITH EACH CONTRACT (WHETHER A REPEAT OF A PREVIOUS
CONTRACT, OR NOT). ON COMPLETION OF EACH CONTRACT, AN OFFICIAL RECEIPT
OF THE UNITED STATES GOVERNMENT WILL BE ISSUED TO THE CONTRACTOR TO SHOW
THAT THE GOODS AND/OR SERVICES HAVE BEEN DELIVERED IN ACCORDANCE WITH
THE ORDER OF THE PROCUREMENT AND PURCHASING OFFICERS CONCERNED (EXCEPT
IN THE CASE OF CONTINUOUS SUPPLIES OF SERVICES, EG TELEPHONE SERVICES,
WHICH ARE PAID FOR PERIODICALLY WITHOUT A RECEIPT BEIN ISSUED). WHERE
APPROPRIATE, RECEIPTS MUST INDICATE THAT GOODS OR SERVICES DELIVERED OR
PROVIDED AR IN FULFILMENT OF A REVISED CONTRACT.
B.I. GOODS USED IN EXCHANGES, OR FOR RESALE THEREIN TO ENTITLED
UNITED STATES PERSONNEL
ORDERS WILL BE PLACED WITH TAXABLE PERSONS ON US OFFICIAL FORMS
SIGNED BY AUTHORIZED EXCHANGE OFFICERS AND THE PROCEDURE WILL BE SIMILAR
TO THAT IN A. ABOVE, EXCEPT THAT THE CERTIFICATE BY THE APPROPRIATE
OFFICER WILL BE AS FOLLOWS: -
"THE GOODS LISTED ABOVE ARE TO BE DELIVERED AT A PRICE EXCLUSIVE OF
VAT UNDER ARRANGEMENTS AGREED BETWEEN THE APPROPRIATE US AUTHORITIES AND
H M CUSTOMS AND EXCISE (REF: T 22/22/1).
I HEREBY CERTIFY THAT THESE GOODS ARE BEING PURCHASED FOR
EXPORTATION, FOR OFFICIAL USE IN THE UNITED KINGDOM IN THE US BASE
EXCHANGES (US NAVY EXCHANGES), OR FOR RE-SALE THEREIN TO ENTITLED
PERSONNEL ONLY AND THAT THE GOODS WILL BE PAID FOR OUT OF OFFICIAL EES
FUNDS (US NAVY EXCHANGE FUNDS)."
WHEN PAYMENTS ARE MADE FOR THE GOODS, THE SUPPLIER WILL BE FURNISHED
WITH A REMITTANCE ADVICE, OR COPY OF THE CHEQUE FROM EES, OR A
REMITTANCE STATEMENT BY USNE.
II. GOODS SUPPLIED IN "CONCESSION" SHOPS AT BASE EXCHANGES DIRECT TO
ENTITLED US PERSONNEL
THE TAXABLE PERSON OPERATING THE SHOP WILL SELL GOODS FROM STOCKS
HELD AT THE SHOP TO ENTITLED US PERSONNEL FREE OF VAT. HE WILL FURNISH
A "CONCESSIONAIRE'S DAILY SALES REPORT" IN DUPLICATE TO THE EES
AUTHORITIES WHO WILL RETURN ONE COPY TO HIM BEARING THE FOLLOWING SIGNED
CERTIFICATES: -
A. "I CERTIFY THAT THE ABOVE IS A TRUE AND COMPLETE SUMMARY OF SALES
MADE TO ENTITLED USAF PERSONNEL FOR..........
THE GOODS CONCERNED HAVE BEEN OR WILL BE SUPPLIED FROM STOCKS HELD BY
US AT..........
FOR AND ON BEHALF OF..........
B. "THE PRICE TO BE PAID BY EES FOR THE GOODS LIABLE TO VAT COVERED
BY THIS SUMMARY WILL BE EXCLUSIVE OF VAT IN ACCORDANCE WITH THE
ARRANGEMENTS AGREED BETWEEN THE APPROPRIATE US AUTHORITIES AND H M
CUSTOMS AND EXCISE (REF: T 22/22/1).
I HEREBY CERTIFY THAT THE GOODS WILL BE PAID FOR OUT OF OFFICIAL EES
FUNDS.
THIS CERTIFIED COPY OF THE REPORT WILL BE RETAINED BY THE TAXABLE
PERSON AS EVIDENCE IN SUPPORT O THE VAT FREE SALE OF THE GOODS.
C. ORDERS WILL BE PLACED ON US OFFICIAL ORDER FORMS AND WILL BEAR A
CERTIFICATE SIGNED BY THE COMMAND WELFARE CUSTODIAN AS FOLLOWS: -
"THE GOODS LISTED ABOVE ARE TO BE DELIVERED AT A PRICE EXCLUSIVE OF
VAT UNDER ARRANGEMENTS AGREED BETWEEN THE APPROPRIATE US AUTHORITIES AND
H M CUSTOMS AND EXCISE (REF: T 22/22/1). I HEREBY CERTIFY THAT THESE
GOODS ARE BEING PURCHASED FOR OFFICIAL USE IN THIS COUNTRY AND THAT THEY
WILL BE PAID FOR OUT OF OFFICIAL NON-APPROPRIATED FUNDS."
AN OFFICIAL RECEIPT FOR THE GOODS WILL BE GIVEN TO THE SUPPLIER FOR
HIS RETENTION AS EVIDENCE TO SUPPORT THE VAT FREE DELIVERY.
D. ORDERS WILL BE PLACED BY THE AUTHORISED PURCHASING OFFICER OF THE
SUPPLY SHIP ON OFFICIAL US NAVY FORMS AND EACH WILL BEAR THE FOLLOWING
SIGNED CERTIFICATE: -
"THE GOODS LISTED ABOVE ARE TO BE DELIVERED AT A PRICE EXCLUSIVE OF
VAT UNDER ARRANGEMENTS AGREED BETWEEN THE APPROPRIATE US AUTHORITIES AND
H M CUSTOMS AND EXCISE (REF: T 22/22/1). I HEREBY CERTIFY THAT THESE
GOODS ARE BEING PURCHASED FOR OFFICIAL USE IN THIS COUNTRY IN
THE..........* SHIP'S STORE OR FOR RE-SALE THEREIN TO ENTITLED PERSONNEL
ONLY AND THAT THEY WILL BE PAID FOR OUT O OFFICIAL NON-APPROPRIATED
FUNDS."
*INSERT NAME OF SHIP.
AN OFFICIAL RECEIPT OR REMITTANCE ADVICE WILL BE GIVEN TO THE
SUPPLIER AS EVIDENCE TO SUPPORT THE VAT FREE DELIVERY OF THE GOODS.
E. ENTITLED PERSONNEL WILL COMPLETE AN APPLICATION TO PURCHASE THE
VEHICLE ON FORM C & E 941 IN TRIPLICATE. THIS APPLICATION IS THEN
AUTHORIZED BY THE BASE SECURITY POLICE, OR BY THE STAFF OF TH UNITED
STATES NAVY LEGAL OFFICE, AND FORWARDED TO THE MANUFACTURER OF THE
VEHICLE. THE MANUFACTURE WILL TRANSMIT ALL THREE COPIES OF THE FORM TO
THIS DEPARTMENT (PRIVILEGE SECTION) TOGETHER WITH HIS APPLICATION FOR
AUTHORITY TO RELEASE THE VEHICLE FREE OF VAT AND, WHERE APPLICABLE, CAR
TAX. AFTER APPROVAL OF THE APPLICATION, THE DEPARTMENT WILL ASSIGN IT A
REFERENCE NUMBER AND RETURN ONE COPY O THE FORM C & E 941, BEARING THE
REFERENCE NUMBER, TO THE MANUFACTURER INFORMING HIM THAT THE VEHICL MAY
BE SUPPLIED FREE OF VAT AND, WHERE APPLICABLE, CAR TAX, TO THE ENTITLED
PERSON.
MANUFACTURERS ARE BEING SEPARATELY ADVISED OF THESE ARRANGEMENTS AND
INSTRUCTED TO RETAIN BOTH TH BOARD'S AUTHORITY AND THE DUPLICATE OF THE
APPLICATION FORM AS EVIDENCE IN SUPPORT OF TAX-FREE DELIVERY.
5. THE PROCUREMENT AND PURCHASING OFFICERS, EXCHANGE OFFICERS AND
THE COMMAND WELFARE CUSTODIAN AT PRESENT AUTHORISED TO PLACE OFFICIAL
ORDERS AND MAKE THE NECESSARY CERTIFICATIONS IN RESPECT OF PURCHASES
UNDER PARAGRAPH 4A. - D. FOR PURCHASE TAX WILL CONTINUE TO BE ACCEPTED
AS AUTHORISED SIGNATORIES FOR THE PURPOSES OF VAT AND CAR TAX. THE
NAMES AND OFFICIAL ADDRESSES OF ANY SIGNATORIES YOU MAY WISH TO BE ADDED
IN FUTURE TO THE EXISTING LIST SHOULD BE NOTIFIED TO THIS OFFICE (VAT
LIABILITY DIVISION C.)
6. YOU SHOULD ADVISE ANY SUPPLIERS FROM WHOM YOU INTEND TO PURCHASE
GOODS OR SERVICES AFTER 1 APRIL TO APPLY TO THEIR LOCAL CUSTOMS AND
EXCISE VAT OFFICE FOR ADVICE ON THE PROCEDURE TO BE FOLLOWED. IT WILL
NO LONGER BE NECESSARY FOR YOU TO ADVISE THIS OFFICE OF ADDITIONS TO THE
LIST OF APPROVED SUPPLIERS TO THE US ARMED FORCES, BUT THE NAMES AND
ADDRESSES OF ANY SUPPLIERS WHO ARE TO BE DELETED SHOULD BE ADVISED. NOR
WILL IT BE NECESSARY TO FORWARD PERIODIC STATEMENTS OF TAXABLE PURCHASES
MADE UNDER THE ABOVE ARRANGEMENTS. RECORDS OF PURCHASES SHOULD,
HOWEVER, CONTINUE TO BE MAINTAINED BY THE US AUTHORITIES CONCERNED AND
SUCH RECORDS WILL BE MADE AVAILABLE FOR INSPECTION B OFFICERS OF THIS
DEPARTMENT, IF REQUIRED.
7. MEMBERS OF THE UNITED STATES ARMED FORCES STATIONED IN THE UNITED
KINGDOM WHO ACQUIRE GOODS FREE OF VAT AND, WHERE APPLICABLE, CAR TAX,
UNDER THE ABOVE ARRANGEMENTS MAY NOT DISPOSE OF THEM BY WAY OF SALE,
GIFT OR OTHERWISE TO NON-ENTITLED PERSONS OR BODIES IN THIS COUNTRY
WHETHER OR NOT PAYMENT OF VAT AND CAR TAX IS PROFFERED, BUT MUST EXPORT
THEM ON OR BEFORE THE TERMINATION OF THEIR TOUR OF DUTY.
8. THE EXISTING AGREEMENTS BETWEEN THE BOARD OF CUSTOMS AND EXCISE
AND THE COMMANDER US THIRD AI FORCE AND THE COMMANDER US NAVAL
ACTIVITIES WHEREBY DESIGNATED OFFICERS OR UNITS OF THE US AIR AND NAVAL
FORCES IN THE UNITED KINGDOM MAY PRESENT TO LOCAL CHARITABLE
ORGANIZATIONS ARTICLES WHICH HAV BEEN IMPORTED FREE OF DUTY AND PURCHASE
TAX OR PURCHASED TAX-FREE FROM US BASE OR NAVY EXCHANGES WILL BE
CONTINUED UNDER VAT. REFERENCES TO "PURCHASE TAX" AND "TAX-FREE" IN THE
TEXT OF THE AGREEMENTS MAY BE REGARDED AS AMENDED TO "VALUE ADDED TAX"
AND "VAT-FREE" AS FROM 1 APRIL NEXT.
9. I AM SENDING COPIES OF THIS LETTER TO MRS V P M STRACHAN
(TREASURY), MR. A. E. COULES (DEPARTMENT OF THE ENVIRONMENT) AND MR. V.
L. HOLT (POST, PRIVILEGE AND PREFERENCE DIVISION OF THIS DEPARTMENT).
UNITED KINGDOM 24 OCT 1972 FLITE DOCUMENT NO. 7502380
SUPPLEMENTARY ARRANGEMENTS
RN/USN SUPPLEMENTARY ARRANGEMENTS 1972 FOR DIEGO GARCIA FACILITY
RN/USN SUPPLEMENTARY ARRANGEMENTS 1972 FOR DIEGO GARCIA FACILITY
PREAMBLE - PURSUANT TO PARAGRAPH 18 OF THE DIEGO GARCIA AGREEMENT
1972 BETWEEN THE GOVERNMENT OF THE UNITED KINGDOM OF GREAT BRITAIN AND
NORTHERN IRELAND AND THE GOVERNMENT OF THE UNITED STATES OF AMERICA
CONCERNING THE CONSTRUCTION OF A LIMITED NAVAL COMMUNICATIONS FACILITY
ON DIEGO GARCIA, THE ROYAL NAVY (RN) AND THE UNITED STATES NAVY (USN)
HAVE MADE THE FOLLOWING SUPPLEMENTARY ARRANGEMENTS
-
PARAGRAPH 1 - PERSONNEL - THE USN WILL ESTABLISH A MANNING LEVEL FOR
THE FACILITY. REPRESENTATIVES OF BOTH NAVIES WILL JOINTLY DECIDE WHICH
POSITIONS SHALL BE FILLED BY RN PERSONNEL. CHANGES TO THE ROYAL NAVAL
COMPLEMENT WILL NOT BE MADE WITHOUT PRIOR AUTHORITY FROM THE MINISTRY OF
DEFENCE (NAVY DEPARTMENT) OF THE UNITED KINGDOM (MOD(N)). ALL PERSONNEL
ASSIGNED TO DIEGO GARCIA WILL SERVE AN UNACCOMPANIED TOUR OF DUTY.
PARAGRAPH 2 - MILITARY COMMAND - THE OFFICER-IN-CHARGE OF THE RN
ELEMENT, WHO IS THE REPRESENTATIVE ON THE ISLAND OF THE COMMISSIONER OF
THE BRITISH INDIAN OCEAN TERRITORY (BIOT), WILL IN MATTERS OTHER THAN
THOSE RELATED TO THE ADMINISTRATION OF BIOT, REPORT TO THE COMMANDING
OFFICER
THE COMMANDING OFFICER AND THE OFFICER-IN-CHARGE OF THE RN ELEMENT
WILL ESTABLISH THE MANNER IN WHICH ORDERS AND INSTRUCTIONS WILL BE
COMPLIED WITH, WHICH MANNER WILL BE CONSISTANT WITH THE CONCEPT OF
MUTUAL RESPECT FOR RELATIVE RANKS WITHIN THE TWO NAVIES. HOWEVER,
NOTHING IN THIS PARAGRAPH IS INTENDED TO REQUIRE OBEDIENCE TO ANY
COMMAND INCONSISTENT WITH THE OBLIGATION OF THEIR RESPECTIVE SERVICE
LAWS NOR TO ESTABLISH DISCIPLINARY POWER IN EITHER OFFICER OVER MEMBERS
OF THE OTHER NAVY.
PARAGRAPH 3 - LOGISTIC SUPPORT - SUBJECT TO PARAGRAPH 4 BELOW, RN AND
USN PERSONNEL WILL BE ENTITLED TO USE, UPON THE SAME TERMS AND
CONDITIONS, SUCH RECREATIONAL, ACCOMMODATION AND MESSING FACILITIES AS
ARE AVAILABLE OR AS ARE ESTABLISHED FOR MILITARY PERSONNEL BY EITHER
GOVERNMENT. RN PERSONNEL SERVING WITH THE FACILITY WILL BE ENTITLED TO
SEND AND RECEIVE MAIL THROUGH THE UNITED STATES FLEET POSTAL SYSTEM.
THE USN WILL, UPON REQUEST, TRANSPORT RN PERSONNEL TO AND FROM THE
FACILITY FROM SUCH PLACES AS MAY BE AGREED FROM TIME TO TIME BY THE USN
AND THE MOD(N). FOR THE PURPOSE OF SUCH TRANSPORT RN PERSONNEL MAY BE
ACCOMPANIED BY PERSONAL BAGGAGE WHICH DOES NOT EXCEED A GROSS WEIGHT OF
120 POUNDS PER MAN. THE USN WILL GIVE SYMPATHETIC CONSIDERATION TO
REQUESTS FOR TRANSPORTATION OF OFFICIAL RN VISITORS. THE USN WILL, UPON
REQUEST, PROVIDE SUCH SUPPLIES AND SERVICES ON AN EQUIVALENT BASIS WITH
USN PERSONNEL AS MAY BE REQUIRED BY RN PERSONNEL SERVING WITH THE
FACILITY ON DIEGO GARCIA. WHEN THESE SUPPLIES AND SERVICES ARE PECULIAR
TO THE RN THE MOD(N) WILL MAKE THEM AVAILABLE TO THE USN AT A PLACE OR
PLACES AGREED TO BY THE MOD(N) AND THE USN AT THE TIME.
PARAGRAPH 4 - FINANCE - THE FINANCIAL ARRANGEMENTS HAVE BEEN LAID
DOWN IN PARAGRAPH 11 OF THE DIEGO GARCIA AGREEMENT 1972, WHICH READS AS
FOLLOWS: - THE GOVERNMENT OF THE UNITED STATES SHALL WHOLLY BEAR THE
COST OF CONSTRUCTING, OPERATING AND MAINTAINING THE FACILITY. THE
GOVERNMENT OF TH UNITED KINGDOM WILL BE RESPONSIBLE FOR THE PAY,
ALLOWANCES AND ANY OTHER MONETARY GRATUITIES OF RN PERSONNEL, FOR THE
COST OF THEIR MESSING AND FOR SUPPLIES OR SERVICES WHICH ARE PECULIAR TO
OR PROVIDED FOR THE EXCLUSIVE USE OF THE RN OR ITS PERSONNEL AND WHICH
WOULD NOT NORMALLY BE PROVIDED BY THE GOVERNMENT OF THE UNITED STATES
FOR THE USE OF ITS OWN PERSONNEL.
PARAGRAPH 5 - RADIO FREQUENCIES AND TELECOMMUNICATIONS - THE
FOLLOWING PROCEDURES FOR OBTAINING THE PRIOR CONCURRENCE OF THE
GOVERNMENT OF THE UNITED KINGDOM TO THE USE OF ANY RADIO FREQUENCIES,
POWERS AND BAND WIDTHS FOR RADIO SERVICES (INCLUDING RADAR) ON DIEGO
GARCIA WHICH ARE NECESSARY FOR THE OPERATION OF THE FACILITY, AND FOR
INTERNATIONAL NOTIFICATION, WILL BE FOLLOWED: -
A. PRIOR TO THE ASSIGNMENT, OR MODIFICATION OF AN ASSIGNMENT, OF ANY
RADIO FREQUENCY ON DIEGO GARCIA CONCURRENCE FOR THE SAME WILL BE
OBTAINED FROM THE UNITED KINGDOM THROUGH THE ESTABLISHED MILITARY
CO-ORDINATION CHANNEL. THIS CHANNEL IS BETWEEN THE JOINT FREQUENCY
PANEL (J/FP), USMCEB AND THE DEFENCE SIGNAL STAFF, SIGNALS 2 (DSS2)
MINISTRY OF DEFENCE, UNITED KINGDOM.
B. UPON OBTAINING SUCH CONCURRENCE THE UNITED STATES WILL TRANSMIT TO
THE INTERNATIONAL FREQUENC REGISTRATION BOARD (IFRB) NOTIFICATION OF THE
ASSIGNMENT IN ACCORDANCE WITH EXISTING US/UK FREQUENC CO-ORDINATION
PROCEDURES.
PARAGRAPH 6 - AIDS TO NAVIGATION AND APPROACH CONTROL - THE UNITED
STATES MAY USE AND MAINTAIN EXISTING ELECTRONIC NAVIGATION AND LANDING
AIDS, SUCH AS AIRPORT SURVEILLANCE RADAR, GROUND CONTROLLED APPROACH
(GCA) TACAN AND INSTRUMENT LANDING SYSTEMS (ILS). IF IN THE FUTURE IT
SHOULD B NECESSARY TO MAKE SIGNIFICANT CHANGES TO OR SUBSTANTIAL
EXPANSION OF THE PRESENT ELECTRONIC NAVIGATION AND LANDING AIDS, THIS
MAY BE DONE SUBJECT TO AGREEMENT BETWEEN THE MOD(N) AND THE USN.
PARAGRAPH 7 - SCIENTIFIC RESEARCH - IF THE GOVERNMENT OF THE UNITED
KINGDOM WISHES TO GRANT ACCES TO DIEGO GARCIA TO MEMBERS OF SCIENTIFIC
PARTIES WANTING TO CARRY OUT RESEARCH ON DIEGO GARCIA AND ITS ENVIRONS
WRITTEN NOTICE WILL BE GIVEN TO THE UNITED STATES DEPARTMENT OF STATE OR
THE US EMBASS IN LONDON AT LEAST FOUR WEEKS PRIOR TO THE INTENDED VISIT.
THIS NOTICE WILL CONTAIN THE FOLLOWING INFORMATION: -
A. IDENTIFICATION OF VISITING PARTY, INCLUDING NATIONALITY AND NAMES
OF ALL MEMBERS OF THE PARTY
B. SCIENTIFIC PURPOSE;
C. DATE OF ARRIVAL AND EXPECTED DURATION;
D. AREAS TO BE UTILIZED;
E. ACTIVITIES TO BE CONDUCTED;
F. EQUIPMENT TO BE UTILIZED;
G. SERVICES REQUESTED FROM THE FACILITY.
SUCH NOTICE AND THE RESPONSE THERETO WILL CONSTITUTE THE CONSULTATION
REFERRED TO IN SUB-PARAGRAP 3A OF THE DIEGO GARCIA AGREEMENT 1972.
SCIENTIFIC PARTIES WILL, WHERE NECESSARY, BE RESPONSIBLE FO REIMBURSING
THE GOVERNMENT OF THE UNITED STATES FOR ANY GOODS AND SERVICES SUPPLIED
TO THEM BY THE USN.
PARAGRAPH 8 - LOCAL ADMINISTRATION - THE FOLLOWING MATTERS HAVE BEEN
AUTHORIZED BY THE COMMISSIONER BIOT: -
A. DRIVERS LICENCES - UNITED STATES OR UNITED KINGDOM MOTOR VEHICLE
DRIVERS LICENCES WILL BE ACCEPTED AS VALID FOR THE OPERATION OF ALL
MOTOR VEHICLES ON DIEGO GARCIA.
B. MEDICAL SERVICES - US MEDICAL PERSONNEL MAY PERFORM MEDICAL
SERVICES IN DIEGO GARCIA OF THE SAME TYPE WHICH SUCH PERSONS ARE
AUTHORISED TO PERFORM AT UNITED STATES MILITARY MEDICAL FACILITIES
WITHOUT PRIOR EXAMINATION OR REVALIDATION OF THEIR PROFESSIONAL
CERTIFICATE BY THE UNITED KINGDOM AUTHORITIES, AND SUCH FACILITIES WILL
BE MADE AVAILABLE TO UNITED KINGDOM SERVICE PERSONNEL. FOR THE PURPOSES
OF THIS PARAGRAPH, THE TERM "US MEDICAL PERSONNEL" MEANS THE PHYSICIANS,
SURGEONS, SPECIALISTS, DENTISTS, NURSES AND OTHER UNITED STATES
PERSONNEL IN DIEGO GARCIA WHO PERFORM MEDICAL SERVICES, AND OTHER
DOCTORS OF UNITED STATES NATIONALITY OR ORDINARILY RESIDENT IN THE
UNITED STATE EMPLOYED OR CONTRACTED IN EXCEPTIONAL CASES BY THE UNITED
STATES FORCES.
C. RECREATIONAL FISHING - UNITED STATES PERSONNEL AND UNITED KINGDOM
PERSONNEL ARE PERMITTED REASONABLE RECREATIONAL FISHING ON DIEGO GARCIA
AND ITS ENVIRONS WITHOUT OBTAINING ANY LICENSE OR PAYING ANY FEES. SUCH
RECREATIONAL FISHING INCLUDES FISHING FROM BOATS AS WELL AS FROM THE
SHORE.
PARAGRAPH 9 - ALTERATION - THESE SUPPLEMENTARY ARRANGEMENTS MAY BE
ALTERED AT ANY TIME BY THE MUTUAL CONSENT OF THE PARTIES HERETO.
PARAGRAPH 10 - INTERPRETATION - UNLESS THE CONTEXT OTHERWISE
REQUIRES, TERMS AND EXPRESSIONS USED HEREIN. I HAVE THE MEANINGS
ASSIGNED TO THEM IN THE DIEGO GARCIA AGREEMENT 1972. IN THE EVENT OF
ANY CONFLICT BETWEEN THE PROVISIONS OF THESE SUPPLEMENTARY ARRANGEMENTS
AND OF THE DIEGO GARCIA AGREEMENT 1972 THE LATTER WILL PREVAIL.
FOR THE ROYAL NAVY FOR THE UNITED STATES NAVY
/S/ /S/
T T LEWIN W F BRINGLE
VICE ADMIRAL ADMIRAL
SIGNED IN DUPLICATE AT LONDON THE TWENTYFOURTH DAY OF OCTOBER 1972
UNITED KINGDOM 15 MAR 1972 FLITE DOCUMENT NO. 7502379
AGREEMENT
LEASE BETWEEN THE UNITED STATES OF AMERICA AND THE GOVERNMENT OF THE
BRITISH VIRGIN ISLANDS
LEASE BETWEEN THE UNITED STATES OF AMERICA AND THE GOVERNMENT OF THE
BRITISH VIRGIN ISLANDS - NO. NF(R) 18832 - (ANEGADA ISLAND, B.V.I.)
PURSUANT TO THE EXCHANGE OF NOTES BETWEEN THE GOVERNMENT OF THE
UNITED STATES AND THE GOVERNMENT OF THE UNITED KINGDOM DATED FEBRUARY 1,
1973 CONCERNING THE LEASE BY THE U.S. NAVY OF A PARCEL OF LAND ON THE
ISLAND OF ANEGADA IN THE BRITISH VIRGIN ISLANDS FOR USE AS A DRONE
LAUNCHING FACILITY;
THE U.S. NAVY, REPRESENTED HEREIN BY THE COMMANDER, ATLANTIC
DIVISION, NAVAL FACILITIES ENGINEERING COMMAND, AND THE GOVERNMENT OF
THE BRITISH VIRGIN ISLANDS, HEREINAFTER CALLED "THE GOVERNMENT",
REPRESENTED BY ITS GOVERNOR, HAVE AGREED AS FOLLOWS:
1. THE GOVERNMENT HEREBY MAKES AVAILABLE FOR USE AS DESCRIBED ABOVE
BY THE U.S. NAVY A PARCEL OF UNDEVELOPED LAND CONTAINING 6.0 ACRES, MORE
OR LESS, LOCATED APPROXIMATELY 1500 FEET NORTHERLY FROM RUFFLING POINT
AT THE WEST END OF ANEGADA, B.V.I., SHOWN AND DESCRIBED AS TRACT NO. 1
ON THE ATTACHED Y&D DRAWING NO. 868,232, AND HEREINAFTER CALLED "THE
SITE"; TOGETHER WITH RIGHTS OF INGRES AND EGRESS THROUGH THE SEA
APPROACH CHANNEL ON THE WESTERN PART OF ANEGADA ISLAND AND THE RIGHT AND
AUTHORITY TO CLEAR THIS CHANNEL WHENEVER NECESSARY.
2. THE FOLLOWING CONDITIONS SHALL GOVERN THE USE OF ANEGADA, B.V.I.
BY THE U.S. NAVY UNDER THIS AGREEMENT:
(A) THE INITIAL TERM OF THE LEASE SHALL BE FOR A 3-1/2 MONTH PERIOD
BEGINNING 16 MARCH 1973 AND ENDING 30 JUNE 1973, AND THEREAFTER IT SHALL
BE RENEWABLE AT THE OPTION OF THE U.S. NAVY FOR YEARLY TERMS UP TO 30
JUNE 1977. NOTICE OF RENEWAL SHALL BE GIVEN TO THE GOVERNMENT WITHIN A
REASONABLE PERIOD PRIOR TO THE CLOSE OF ANY TERM UNDER THIS LEASE. THE
U.S. NAVY EXPECTS TO OCCUPY AND USE TH SITE NO LESS THAN FOUR TIMES PER
YEAR.
(B) ON COMPLETION OF ALL OPERATIONS OF THE U.S. NAVY OR EXPIRY OF
THIS AGREEMENT THE SITE WILL B LEFT IN ITS ORIGINAL CONDITION, OR AS
AGREED BETWEEN THE U.S. NAVY AND THE GOVERNMENT.
(C) THE GOVERNMENT OF THE BRITISH VIRGIN ISLANDS SHALL BE ADVISED AT
LEAST 48 HOURS IN ADVANCE O EACH INTENDED ENTRY UPON AND VACATION OF THE
SITE.
(D) ALL SUPPLIES AND EQUIPMENT IN SUPPORT OF THE OPERATION SHALL BE
INCORPORATED INTO THE SITE, BY SEA AND/OR AIR, WITHOUT PAYMENT OF
CUSTOMS DUTY SUBJECT, HOWEVER, TO THE FOLLOWING PROVISIONS:
(1) CUSTOMS CLEARANCE WILL BE EFFECTED WITH THE REPRESENTATIVE OF THE
OFFICER IN CHARGE OF CUSTOMS AT THE SETTLEMENT IN ANEGADA ISLAND, BEFORE
ENTRY TO AND DEPARTURE FROM THE SITE.
(2) ALL ITEMS SHALL BE CARRIED ON AN OFFICIAL MANIFEST AND CERTIFIED
"FOR THE USE OF THE ARMED FORCES OF THE UNITED STATES AND/OR ITS
CONTRACTORS IN THE BRITISH VIRGIN ISLANDS". A COPY OF THIS MANIFEST
WILL BE DELIVERED TO THE CUSTOMS OFFICIALS ON ARRIVAL AND WILL BE
SUBJECT TO RE-CHECK UPON DEPARTURE.
(3) A CERTIFICATE OF INSTALLED EQUIPMENT LEFT ON SITE WILL BE
PROVIDED TO THE CUSTOMS OFFICIALS, AND AN UNDERTAKING GIVEN THAT ALL
REASONABLE PRECAUTIONS AGAINST PILFERAGE HAVE BEEN TAKEN; ANY LOS
INCURRED WHILE THE SITE IS UNTENANTED BEING REPORTABLE TO THE SAME
AUTHORITY.
(4) NO LOCAL DISPOSAL OF SURPLUS EQUIPMENT MAY BE MADE WITHOUT PRIOR
CONSENT OF THE GOVERNMENT; THE GOVERNMENT BEING GIVEN FIRST OPTION TO
PURCHASE ANY EQUIPMENT BEING DISPOSED OF.
(E) CUSTOMS DUTY ON PERSONAL CONSUMABLE GOODS IMPORTED SOLELY FOR THE
CONVENIENCE OF CONTRACTOR PERSONNEL SHALL BE PAYABLE IN ACCORDANCE WITH
APPLICABLE LEGISLATION. A DECLARATION OF ALL SUCH COMMODITIES SHALL BE
MADE AT THE SETTLEMENT, ANEGADA, AT THE TIME OF IMPORTATION.
(F) THE MEMBERS OF THE OPERATING PARTY SHALL INDIVIDUALLY BE IN
POSSESSION OF AN APPROPRIATE AND READILY RECOGNIZABLE FORM OF
IDENTIFICATION INDICATING THEIR DUTY STATUS.
3. RIGHTS UNDER THIS AGREEMENT ARE GRANTED IN CONSIDERATION OF
PAYMENT BY THE U.S. NAVY OF A RENTAL AT A RATE OF $600.00 (US) PER
ANNUM, PAYABLE TO THE GOVERNMENT IN ARREARS.
4. "CONTRACTOR", AS USED HEREIN, SHALL MEAN ANY PERSON, BODY OR
CORPORATION ORDINARILY RESIDENT IN THE UNITED STATES OF AMERICA THAT IS
IN THE BRITISH VIRGIN ISLANDS FOR THE PURPOSE OF THIS AGREEMENT BY
VIRTUE OF A CONTRACT WITH THE UNITED STATES GOVERNMENT, AND INCLUDES A
SUBCONTRACTOR.
5. AT ANY TIME DURING THE TERM OF THIS AGREEMENT THE GOVERNMENT MAY,
UPON 30 DAYS' NOTICE, REQUIRE THE U.S. NAVY TO RELOCATE ITS BASE OF
OPERATIONS FROM THE SITE DESCRIBED IN ARTICLE 1 TO ANOTHER ACCEPTABLE
SITE ON ANEGADA ISLAND, B.V.I. TO BE PROVIDED BY THE GOVERNMENT IN
SUBSTITUTION THEREFOR. IN THE EVENT OF ANY SUCH RELOCATION, ARTICLE 1
OF THIS AGREEMENT SHALL BE MODIFIED TO INCORPORATE A DESCRIPTION OF THE
SUBSTITUTE SITE PROVIDED.
6. ARTICLES III, VII, VIII, X AND XI OF THE AGREEMENT BETWEEN THE
PARTIES TO THE NORTH ATLANTIC TREATY REGARDING THE STATUS OF THEIR
FORCES DATED JUNE 19, 1951 SHALL BE DEEMED TO APPLY TO THIS LEASE AND
ITS IMPLEMENTATION IN ACCORDANCE WITH THE AGREEMENT EFFECTED BY AN
EXCHANGE OF NOTES BETWEEN THE UNITED STATES GOVERNMENT AND THE
GOVERNMENT OF THE UNITED KINGDOM ON FEBRUARY 1, 1973.
IN WITNESS WHEREOF THE UNDERSIGNED, BEING DULY AUTHORIZED THERETO BY
THEIR RESPECTIVE GOVERNMENTS HAVE SIGNED THIS AGREEMENT AT ROAD TOWN,
TORTOLA, B.V.I. ON THE RESPECTIVE DATES SET FORTH BELOW.
FOR THE GOVERNMENT OF THE
BRITISH VIRGIN ISLANDS
15TH MARCH 1972
SIGNED
GOVERNOR
FOR THE UNITED STATES OF AMERICA
(DEPARTMENT OF THE NAVY)
SIGNED
H. K. BURGER, (ILLEGIBLE) CEC, USN
DIRECTOR, SAN JUAN BRANCH
ATLANTIC DIVISION
BY DIRECTION OF THE COMMANDER
ATLANTIC DIVISION, NAVAL FACILITIES
ENGINEERING COMMAND
UNITED KINGDOM 22 OCT 1969 FLITE DOCUMENT NO. 7502378
MEMORANDUM OF UNDERSTANDING
RELATING TO THE PURCHASE OF HARRIER AIRCRAFT BY THE UNITED STATES
GOVERNMENT
MEMORANDUM OF UNDERSTANDING BETWEEN HER MAJESTY'S GOVERNMENT IN THE
UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND REPRESENTED BY THE
MINISTRY OF TECHNOLOGY AND THE GOVERNMENT OF THE UNITED STATES OF
AMERICA REPRESENTED BY THE NAVAL AIR SYSTEMS COMMAND, DEPARTMENT OF THE
NAVY, (USN), JOINTLY REFERRED TO HEREINAFTER AS THE GOVERNMENTS,
RELATING TO THE PURCHASE OF HARRIER AIRCRAFT BY THE UNITED STATES
GOVERNMENT
SHORT TITLE
USN HARRIER ARRANGEMENT
INTRODUCTION I
DEFINITIONS II
IMPLEMENTATION III
SPECIFICATIONS AND ACCEPTANCE IV
MANAGEMENT AND OTHER CHARGES V
CONTRACTUAL AND FINANCIAL ARRANGEMENTS VI
ACCESS TO FACILITIES VII
PATENTS, COPYRIGHTS, AND THE SUPPLY AND USE OF
TECHNICAL DATA VIII
LIABILITY IX
SECURITY X
DISPOSAL OF AIRCRAFT XI
SECTION I
INTRODUCTION
A. THE UNITED STATES GOVERNMENT INTENDS TO PURCHASE HARRIER AIRCRAFT
AND RELATED SUPPLIES AND SERVICES FROM HER MAJESTY'S GOVERNMENT, SUBJECT
TO CONGRESSIONAL AUTHORIZATION, AVAILABILITY OF FUNDS, AND AGREEMENT
UPON TERMS AND SIGNATURE OF THE LETTER OF OFFER BY THE GOVERNMENTS.
B. HER MAJESTY'S GOVERNMENT WILL SELL TO THE UNITED STATES GOVERNMENT
HARRIER AIRCRAFT, RELATED SUPPLIES AND SERVICES, AS MAY BE AGREED UPON
AND SPECIFIED IN THE LETTER OF OFFER.
C. THIS MEMORANDUM OF UNDERSTANDING SETS OUT THE ARRANGEMENTS AND
PROCEDURES ESTABLISHED BY THE GOVERNMENTS FOR SUCH PURCHASE.
D. THE TERMS OF THE "MEMORANDUM OF UNDERSTANDING, DATED 30TH OCTOBER
1952, BETWEEN THE UNITED STATES OF AMERICA AND HER MAJESTY'S GOVERNMENT
IN THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND RELATING TO
THE OFFSHORE PROCUREMENT PROGRAMME", AND STANDARD CLAUSES 1, 2, 3, 4, 5,
6, 7, 8, 9(A), 11, 12, 13, 14, 16, 19 AND 20 OF SAID MEMORANDUM, AS WELL
AS THE "US/UK AGREEMENT TO FACILITATE THE INTERCHANGE OF PATENTS AND
TECHNICAL INFORMATION FOR DEFENSE PURPOSES", DATED 19 JANUARY 1953, WILL
APPLY TO THE UNITED STATES HARRIER PROGRAMME. HOWEVER, IT IS UNDERSTOOD
BETWEEN THE GOVERNMENTS THAT, FOR THE PURPOSES OF THE UNITED STATES
HARRIER PROGRAMME, THE FOLLOWING INTERPRETATION WILL BE GIVEN TO
PARAGRAPH 8 AND STANDARD CLAUSES 5, 6 AND 14 OF THE 1952 MEMORANDUM
PARAGRAPH 8 AND STANDARD CLAUSE 5
THE CERTIFICATION BY HER MAJESTY'S GOVERNMENT THAT AIRCRAFT AND
RELATED SUPPLIES MEET THE REQUIREMENTS OF THE CONTRACT WILL BE IN
ACCORDANCE WITH THE NORMAL PROCEDURES OF HER MAJESTY'S GOVERNMENT. THE
VERIFICATION BY THE UNITED STATES GOVERNMENT OF INSPECTION BY HER
MAJESTY'S GOVERNMENT OF AIRCRAFT AND RELATED SUPPLIES WILL TAKE PLACE
BEFORE OR CONCURRENTLY WITH FINAL INSPECTION AND ACCEPTANCE OF SUCH
AIRCRAFT AND RELATED SUPPLIES BY HER MAJESTY'S GOVERNMENT. SUCH FINAL
ACCEPTANCE BY HER MAJESTY'S GOVERNMENT WILL CONSTITUTE FINAL ACCEPTANCE
BY THE UNITED STATES GOVERNMENT.
STANDARD CLAUSES 5 AND 6
ANY REJECTION BY THE UNITED STATES GOVERNMENT OF AIRCRAFT OR RELATED
SUPPLIES WILL BE IN ACCORDANCE WITH SECTION IV, PARAGRAPH B, OF THIS
MEMORANDUM. THE LIABILITY FOR CORRECTION OF SUCH AIRCRAFT OR RELATED
SUPPLIES AS MAY BE REJECTED BY THE UNITED STATES GOVERNMENT WILL BE
DETERMINED IN ACCORDANCE WITH HER MAJESTY'S GOVERNMENT'S NORMAL
CONTRACTUAL ARRANGEMENTS.
STANDARD CLAUSE 14
THIS CLAUSE WILL APPLY ONLY TO PATENTS OR REGISTERED DESIGNS
RESULTING FROM DEVELOPMENTS FUNDED I WHOLE OR IN PART BY THE UNITED
STATES GOVERNMENT SUBSEQUENT TO THE DATE OF THIS MEMORANDUM.
SECTION II
DEFINITIONS
THE FOLLOWING DEFINITIONS ARE USED IN THIS MEMORANDUM OF
UNDERSTANDING:
(1) "UNITED STATES HARRIER PROGRAMME" - THE PROCUREMENT FOR THE
UNITED STATES NAVY OF HARRIER AIRCRAFT AND RELATED SUPPLIES AND
SERVICES, AND THE SUBSEQUENT USE, OPERATION, OVERHAUL, REPAIR AND
MODIFICATION OF SUCH AIRCRAFT AND RELATED SUPPLIES.
(2) "RELATED SUPPLIES" - ROLE EQUIPMENTS, ASSOCIATED WEAPONS, SUPPORT
AND TEST EQUIPMENTS, RESERVE ENGINES, SPARE PARTS, TECHNICAL
PUBLICATIONS AND DATA.
(3) "RELATED SERVICES" - TRAINING, MINISTRY OF TECHNOLOGY
ADMINISTRATION, MINISTRY OF TECHNOLOGY INSPECTION, TECHNICAL ASSISTANCE
BY THE MINISTRY OF TECHNOLOGY AND UNITED KINGDOM FIRMS, AND ANY OTHER
SERVICES AGREED UPON BETWEEN THE GOVERNMENTS AS NECESSARY FOR THE UNITED
STATES HARRIER PROGRAMME.
(4) "LETTER OF OFFER" - THE AGREEMENT BETWEEN HER MAJESTY'S
GOVERNMENT AND THE UNITED STATES GOVERNMENT FOR THE SALE OF HARRIER
AIRCRAFT AND RELATED SUPPLIES AND SERVICES TO THE UNITED STATES
GOVERNMENT.
(5) "CONTRACT" - A CONTRACT BETWEEN HER MAJESTY'S GOVERNMENT AND A
UNITED KINGDOM FIRM PROVIDING FOR WORK IN CONNECTION WITH THE UNITED
STATES HARRIER PROGRAMME.
(6) "ENGINEERING CHANGE PROCEDURE" - THE PROCEDURE BY WHICH THE
UNITED STATES GOVERNMENT AUTHORIZES THE MINISTRY OF TECHNOLOGY TO
INCORPORATE MODIFICATIONS IN UNITED STATES HARRIER AIRCRAF OR RELATED
SUPPLIES.
(7) "QUARTER" - A PERIOD OF THREE CALENDAR MONTHS ENDING ON 31ST
MARCH, 30TH JUNE, 30TH SEPTEMBE OR 31ST DECEMBER.
(8) "OBLIGATION OF FUNDS" - THE AMOUNT OF MONEY AUTHORIZED FOR
EXPENDITURE BY THE UNITED STATES GOVERNMENT IN ANY PARTICULAR LETTER OF
OFFER, OR AMENDMENT THERETO, ACCEPTED BY THE UNITED STATES GOVERNMENT OR
IN ANY OTHER FORM OF AUTHORIZATION PROVIDED BY THE UNITED STATES
GOVERNMENT.
(9) "COOPERATIVE LOGISTICS SUPPORT" - THE PROVISION OF SPARE PARTS
AND MAINTENANCE SUPPORT BY TH ROYAL AIR FORCE.
SECTION III
IMPLEMENTATION
A. THE UNITED STATES DEPARTMENT OF THE NAVY (USN) WILL APPOINT A
HARRIER PROJECT MANAGER AND ESTABLISH A HARRIER PROJECT TEAM IN THE
UNITED STATES. A NAVAL AIR SYSTEMS COMMAND CONTRACTING OFFICER WILL BE
RESPONSIBLE FOR SIGNATURE OF LETTERS OF OFFER, AMENDMENTS OR CHANGES
THERETO AND AN INCREASES OR DECREASES IN FUNDS OBLIGATED FOR THE UNITED
STATES HARRIER PROGRAMME UNDER THE LETTER OF OFFER. THE UNITED STATES
PROJECT MANAGER WILL HAVE RESPONSIBILITY FOR COMMUNICATION WITH THE
MINISTRY OF TECHNOLOGY HARRIER PROJECT DIRECTOR WITHIN THE LIMITATION OF
OBLIGATED FUNDS ON ALL OTHER ASPECTS OF THE UNITED STATES HARRIER
PROGRAMME.
B. THE USN MAY APPOINT HARRIER PROJECT OFFICERS AS MUTUALLY AGREED,
RESPONSIBLE TO THE UNITED STATES HARRIER PROJECT MANAGER BUT WORKING IN
THE UNITED KINGDOM WITH THE MINISTRY OF TECHNOLOGY HARRIER PROJECT TEAM.
THE TERMS OF REFERENCE OF THESE OFFICERS WILL BE AGREED BETWEEN THE
UNITED STATES HARRIER PROJECT MANAGER AND THE UNITED KINGDOM HARRIER
PROJECT DIRECTOR.
C. HER MAJESTY'S GOVERNMENT WILL BE RESPONSIBLE FOR PROCUREMENT AND
DELIVERY TO THE UNITED STATE GOVERNMENT OF HARRIER AIRCRAFT AND RELATED
SUPPLIES AND SERVICES AS MAY BE DEFINED FROM TIME TO TIM IN INDIVIDUAL
LETTERS OF OFFER.
D. THE MINISTRY OF TECHNOLOGY HARRIER PROJECT DIRECTOR WILL HAVE
OVERALL RESPONSIBILITY FOR THE MANAGEMENT OF THE UNITED STATES HARRIER
PROGRAMME IN THE UNITED KINGDOM.
SECTION IV
SPECIFICATION AND ACCEPTANCE
A. THE DETAILED SPECIFICATIONS AND DESCRIPTIONS OF THE UNITED STATES
HARRIER AIRCRAFT AND RELATE SUPPLIES AND SERVICES, INCLUDING ANY SPECIAL
FLIGHT TEST PROGRAMMES REQUIRED BY THE UNITED STATES GOVERNMENT, WILL BE
SET OUT IN THE INDIVIDUAL LETTER OF OFFER. REVISIONS OF THESE
SPECIFICATIONS AND DESCRIPTIONS MAY BE MADE FROM TIME TO TIME THROUGH
ENGINEERING CHANGE PROCEDURES (ECP'S).
B. INSPECTION AND ACCEPTANCE OF THE AIRCRAFT AND RELATED SUPPLIES
WILL BE TO NORMAL MINISTRY OF TECHNOLOGY STANDARDS AND USING NORMAL
MINISTRY OF TECHNOLOGY PROCEDURES. THE UNITED STATES GOVERNMENT, UP TO
THE TIME OF FINAL ACCEPTANCE BY THE MINISTRY OF TECHNOLOGY, MAY NOTIFY
THE MINISTRY OF TECHNOLOGY OF REJECTION OF AIRCRAFT OR RELATED SUPPLIES.
SUBJECT TO THIS, ACCEPTANCE B THE UNITED STATES GOVERNMENT OF AIRCRAFT
OR RELATED SUPPLIES WILL BE CONCURRENT WITH ACCEPTANCE BY HER MAJESTY'S
GOVERNMENT AT THE DESIGNATED DELIVERY POINTS. ARRANGEMENTS FOR
TRANSPORTATION FROM SUCH DESIGNATED DELIVERY POINTS TO THE UNITED STATES
WILL BE AGREED BETWEEN THE GOVERNMENTS.
SECTION V
MANAGEMENT AND OTHER CHARGES
A. FOR ADMINISTRATIVE COSTS INCURRED BY HER MAJESTY'S GOVERNMENT IN
MANAGING THE UNITED STATES HARRIER PROGRAMME, HER MAJESTY'S GOVERNMENT
MAY MAKE A CHARGE WHICH WILL, HOWEVER, NOT EXCEED 2 PER CENT OF THE
TOTAL COST OF AIRCRAFT AND RELATED SUPPLIES. THE AMOUNT TO BE CHARGED
FOR EACH FISCAL YEAR BUY WILL BE GIVEN IN THE LETTER OF OFFER FOR THAT
YEAR.
B. NORMAL INSPECTION SERVICES WILL BE PROVIDED BY HER MAJESTY'S
GOVERNMENT WHO MAY MAKE A CHARGE WHICH WILL, HOWEVER, NOT EXCEED 1 PER
CENT OF THE TOTAL COST OF THE AIRCRAFT AND RELATED SUPPLIES INVOLVED.
THE AMOUNT TO BE CHARGED FOR EACH FISCAL YEAR BUY WILL BE GIVEN IN THE
LETTER OF OFFER FOR THAT YEAR.
C. CHARGES FOR USE OF HER MAJESTY'S GOVERNMENT ESTABLISHMENTS FOR
EXPERIMENTAL OR TESTING PURPOSES WILL BE DETERMINED AS NECESSARY. A
BUDGETARY ESTIMATE OF THE AMOUNT TO BE CHARGED WILL BE GIVEN IN THE
LETTER OF OFFER.
D. CHARGES FOR CO-OPERATIVE LOGISTICS SUPPORT WILL BE DISCUSSED
BETWEEN THE GOVERNMENTS AT THE TIME THE ARRANGEMENTS FOR SUCH SUPPORT
ARE MADE.
E. CHARGES FOR RESEARCH AND DEVELOPMENT LEVY (R&D LEVY) WILL BE
DETERMINED FOR EACH LETTER OF OFFER. THESE CHARGES WILL BE APPLIED
AGAINST HARDWARE ITEMS AND REPAIR AND OVERHAUL WORK PROCURED BY HER
MAJESTY'S GOVERNMENT FOR THE UNITED STATES GOVERNMENT. THERE WILL BE NO
R&D LEVY AGAINST ITEMS FOR TECHNICAL PUBLICATIONS, TRAINING COURSES,
CONTRACTOR'S TECHNICAL ASSISTANCE, ENGINEERING CHANGES OR DELIVERY. IN
ADDITION, NO R&D LEVY WILL BE APPLIED TO ANY CHARGES BY HER MAJESTY'S
GOVERNMENT FOR SERVICES OR SUPPORT AND NO RESEARCH AND DEVELOPMENT LEVY
WILL BE PAID ON ANY EFFORT PERFORMED BY THE UNITED STATES GOVERNMENT.
IN REGARD TO THE FISCAL YEAR 1970 LETTER OF OFFER, THE R&D LEVY WILL BE
SIX PERCENT (6%) OF THE FINAL SUM PAID FOR APPLICABLE ITEMS OF THAT
LETTER OF OFFER. IN REGARD TO FUTURE LETTERS OF OFFER THE R&D LEVY
CHARGE TO BE APPLIED WILL NOT BE MORE THA HER MAJESTY'S GOVERNMENT'S
NORMAL CHARGE FOR THE PARTICULAR ITEM AS OF THE DATE OF THIS MEMORANDUM
ABATED, HOWEVER, BY FIFTEEN PERCENT (15%).
IN ANY PURCHASE BY THE UNITED STATES GOVERNMENT OR ANY OF ITS
CONTRACTORS DIRECT FROM UNITED KINGDOM MANUFACTURERS OF HARRIER AIRCRAFT
OR RELATED SUPPLIES, THE R&D LEVY TO BE APPLIED WILL NOT BE MORE THAN
HER MAJESTY'S GOVERNMENT'S NORMAL CHARGE FOR THE PARTICULAR ITEM AS OF
THE DATE OF THI MEMORANDUM, ABATED, HOWEVER, BY FIFTEEN PERCENT (15%).
NO R&D LEVY WILL BE APPLIED AGAINST ITEMS FOR TECHNICAL PUBLICATIONS,
TRAINING COURSES, TECHNICAL ASSISTANCE OR ENGINEERING CHANGES.
F. IN THE EVENT THAT THE UNITED STATES GOVERNMENT SHOULD REQUIRE
CHANGES TO ITS HARRIER AIRCRAFT OR RELATED SUPPLIES IT WILL INFORM HER
MAJESTY'S GOVERNMENT WHO WILL, AFTER CONSULTATION WITH CONTRACTORS,
INFORM THE UNITED STATES GOVERNMENT OF THE IMPLICATIONS OF SUCH CHANGES
IN TERMS OF ESTIMATED COST, TIME SCALE AND PERFORMANCE. RESEARCH AND
DEVELOPMENT AND NON-RECURRING ENGINEERING COSTS (WHICH INCLUDE
DEVELOPMENT COSTS, COST OF PRODUCTION TOOLING AND OF PRODUCTIONISING OF
DRAWINGS) ASSOCIATED WITH CHANGES WILL BE APPORTIONED ON THE FOLLOWING
BASIS:
(1) THE COSTS OF CHANGES ALREADY APPROVED BY HER MAJESTY'S GOVERNMENT
FOR INCORPORATION IN UNITE KINGDOM HARRIER AIRCRAFT AND CHANGES ARISING
FROM FEASIBILITY STUDIES FUNDED BY HER MAJESTY'S GOVERNMENT PRIOR TO THE
DATE OF SIGNATURE OF THIS MEMORANDUM WILL NOT BE SHARED WITH THE UNITED
STATES GOVERNMENT UNLESS SPECIFICALLY IDENTIFIED AND ACCEPTED IN ANY
LETTER OF OFFER.
(2) COSTS OF CHANGES REQUIRED EXCLUSIVELY FOR UNITED KINGDOM AIRCRAFT
OR RELATED SUPPLIES WILL B MET BY HER MAJESTY'S GOVERNMENT.
(3) COSTS OF CHANGES REQUIRED EXCLUSIVELY FOR UNITED STATES AIRCRAFT
OR RELATED SUPPLIES WILL BE MET BY THE UNITED STATES GOVERNMENT.
(4) COSTS OF CHANGES REQUIRED BY BOTH GOVERNMENTS WILL BE SHARED, PRO
RATA ON THE BASIS OF NUMBERS OF UNITED STATES AND UNITED KINGDOM
AIRCRAFT ESTIMATED AT THE TIME THE CHANGE IS AGREED AS LIKELY TO
INCORPORATE THAT CHANGE.
G. THE RECURRING COSTS OF INCORPORATING CHANGES WILL BE MET BY THE
GOVERNMENT REQUIRING SUCH CHANGES. ANY SAVINGS IN PRODUCTION COSTS
RESULTING FROM THE INCORPORATION IN UNITED STATES HARRIER OR RELATED
SUPPLIES OF AN ENGINEERING CHANGE WHICH IS ADOPTED BY THE UNITED STATES
GOVERNMENT WILL ACCRUE TO THE UNITED STATES GOVERNMENT.
SECTION VI
CONTRACTUAL AND FINANCIAL ARRANGEMENTS
A. HER MAJESTY'S GOVERNMENT WILL SUBMIT TO THE UNITED STATES
GOVERNMENT A LETTER OF OFFER SETTIN OUT FOR THE UNITED STATES FISCAL
YEAR BUY CONCERNED, BUDGETARY ESTIMATE OF COSTS FOR THE PROCUREMEN OF A
SPECIFIED QUANTITY OF HARRIER AIRCRAFT AND RELATED SUPPLIES AND
SERVICES. AN EXPLANATION OF THE BASES FOR THESE ESTIMATES WILL BE
PROVIDED BY HER MAJESTY'S GOVERNMENT.
B. ON ACCEPTANCE OF THE LETTER OF OFFER BY THE UNITED STATES
GOVERNMENT, HER MAJESTY'S GOVERNMEN WILL, IN ACCORDANCE WITH THE TERMS
OF THIS MEMORANDUM, NEGOTIATE CONTRACTS AND MAKE OTHER NECESSARY
ARRANGEMENTS FOR SUPPLY OF THE HARRIERS AND OTHER ITEMS DETAILED IN THE
LETTER OF OFFER AT FAIR AND REASONABLE PRICES COMPARABLE WITH THOSE PAID
BY HER MAJESTY'S GOVERNMENT FOR ITS OWN REQUIREMENTS. HER MAJESTY'S
GOVERNMENT WILL USE ITS NORMAL CONTRACTUAL PROCEDURES AND CONDITIONS
INCLUDING THOSE FOR DETERMINATION AND RECOVERY OF EXCESS PROFIT AND
SUPPLEMENTED BY ANY SPECIAL PROVISIONS AGREED T IN THIS MEMORANDUM.
THESE PROCEDURES AND CONDITIONS MAY BE FURTHER SUPPLEMENTED BY ANY
SPECIAL PROVISIONS WHICH MAY BE AGREED IN THE LETTER OF OFFER WITH DUE
REGARD TO THE COST IMPLICATIONS OF SUCH PROVISIONS.
C. HER MAJESTY'S GOVERNMENT WILL KEEP THE UNITED STATES GOVERNMENT
INFORMED OF THE PROGRESS OF NEGOTIATION OF CONTRACTS AND WILL PROVIDE
THE UNITED STATES GOVERNMENT WITH COPIES OF CONTRACT DOCUMENTS. TO THE
EXTENT THAT HER MAJESTY'S GOVERNMENT CUSTOMARILY PROHIBITS PUBLIC
DISCLOSURE OF THE INFORMATION CONTAINED IN SUCH DOCUMENTS SUCH
INFORMATION WILL NOT BE DISCLOSED OUTSIDE THE UNITED STATES GOVERNMENT
WITHOUT THE PRIOR APPROVAL OF HER MAJESTY'S GOVERNMENT. TO GIVE EFFECT
TO THIS LIMITATION HER MAJESTY'S GOVERNMENT WILL MARK SUCH DOCUMENTS
WITH THE FOLLOWING LEGEND: "THE INFORMATION CONTAINED HEREIN SHALL NOT
BE DISCLOSED IN WHOLE OR IN PART OUTSIDE THE UNITED STATES GOVERNMENT
WITHOUT THE PRIOR APPROVAL OF HER MAJESTY'S GOVERNMENT."
D. THE UNITED STATES GOVERNMENT WILL PAY THE COSTS INCURRED BY HER
MAJESTY'S GOVERNMENT UNDER IT CONTRACTS IN IMPLEMENTATION OF THE UNITED
STATES HARRIER PROGRAMME, TOGETHER WITH APPROPRIATE ADDITIONAL CHARGES
AS LISTED IN LETTERS OF OFFER, AND SUCH OTHER CHARGES AS MAY ARISE FROM
THE LIABILITIES ASSUMED IN SECTION IX.
E. IT IS UNDERSTOOD THAT HER MAJESTY'S GOVERNMENT WILL CONSULT WITH
THE UNITED STATES GOVERNMENT IF AT ANY TIME IT APPEARS THAT THE
FINANCIAL OBLIGATIONS OF THE UNITED STATES GOVERNMENT UNDER THE LETTER
OF OFFER MAY EXCEED THE TOTAL ESTIMATES ACCEPTED BY THE UNITED STATES
GOVERNMENT IN THAT LETTER OF OFFER. IN SUCH CIRCUMSTANCES, HER
MAJESTY'S GOVERNMENT WILL NOT KNOWINGLY INCUR ADDITIONAL FINANCIAL
OBLIGATIONS WITHOUT THE AUTHORITY OF THE UNITED STATES GOVERNMENT.
F. ON ACCEPTANCE OF THE LETTER OF OFFER, THE UNITED STATES GOVERNMENT
WILL PAY TO HER MAJESTY'S GOVERNMENT THE SUM ESTIMATED BY HER MAJESTY'S
GOVERNMENT TO BE REQUIRED TO MEET THE COSTS AND CHARGES DEFINED IN D.
ABOVE TO THE END OF THE MONTH OF ACCEPTANCE. AT THIS TIME, HER
MAJESTY'S GOVERNMENT WILL PROVIDE THE SUM ESTIMATED TO BE REQUIRED TO
MEET THE COSTS AND CHARGES DEFINED IN D ABOVE UP TO THE END OF THE FIRST
COMPLETE QUARTER FOLLOWING ACCEPTANCE. BEFORE THE END OF THAT QUARTER
AND OF EACH SUCCEEDING QUARTER, HER MAJESTY'S GOVERNMENT WILL NOTIFY THE
UNITED STATES GOVERNMENT OF THE AMOUNT REQUIRED TO MEET THE ESTIMATED
COSTS AND CHARGES BY HER MAJESTY'S GOVERNMENT IN THE SUCCEEDING THREE
MONTHS. THE STATEMENT WILL INCLUDE THE CURRENTLY ESTIMATED TOTA COST OF
THE PROGRAMME AND ANY CHANGES WILL BE DETAILED TO GIVE REASONS. THE
NOTICE WILL ALSO INDICATE THE DIVISION OF THE QUARTERLY ESTIMATE BETWEEN
THE ITEMS SET OUT IN THE LETTER OF OFFER.
G. FOLLOWING THIS NOTICE, THE UNITED STATES GOVERNMENT WILL PROMPTLY
PAY TO HER MAJESTY'S GOVERNMENT THE SUMS SPECIFIED, ON A SEMI-MONTHLY
BASIS. IF AT ANY TIME THE PAYMENTS MADE FALL SHOR OF THE AMOUNT NEEDED
BY HER MAJESTY'S GOVERNMENT TO COVER THE EXPENSES ARISING, THE UNITED
STATES GOVERNMENT WILL PAY SUCH ADDITIONAL SUMS AS ARE NECESSARY.
H. THE SUM DUE UNDER F. AND G. WILL BE EXPRESSED IN POUNDS STERLING
AND PAYMENT WILL BE MADE IN POUNDS STERLING.
I. IN THE QUARTERLY NOTICE REFERRED TO IN F. ABOVE, HER MAJESTY'S
GOVERNMENT WILL PROVIDE A STATEMENT, CERTIFIED TO BE IN ACCORDANCE WITH
THE TERMS OF THE LETTER OF OFFER, AND SHOWING THE CUMULATIVE TOTAL SUM
APPLIED BY HER MAJESTY'S GOVERNMENT TO THE PURPOSES OF THE LETTER OF
OFFER UP TO A STATED DATE, AND ANY BALANCE REMAINING. THIS INFORMATION
WILL BE SHOWN DIVIDED BETWEEN THE ITEMS IN THE LETTER OF OFFER.
J. PROCEDURES FOR THE OBLIGATION OF FUNDS ON ENGINEERING CHANGES,
SUPPORT EQUIPMENT, SPARES AND RELATED SERVICES WILL BE ARRANGED IN THE
COURSE OF DISCUSSIONS BETWEEN THE GOVERNMENTS ABOUT THE PROCEDURES FOR
THE ESTABLISHMENT OF THE UNITED STATES REQUIREMENTS FOR THESE ITEMS.
SECTION VII
ACCESS TO FACILITIES
A. SUBJECT TO THE PROVISION OF SECTION X "SECURITY" HER MAJESTY'S
GOVERNMENT WILL PROVIDE, WITHI REASON AND UPON REQUEST, ACCESS TO UNITED
KINGDOM GOVERNMENT FACILITIES ENGAGED IN THE UNITED KINGDOM HARRIER
PROGRAMME AND WILL REQUIRE ITS CONTRACTORS SIMILARLY ENGAGED TO PROVIDE
ACCESS TO THEIR FACILITIES BY DULY AUTHORIZED PERSONNEL OF THE UNITED
STATES GOVERNMENT AND ITS CONTRACTORS T ENABLE THEM TO CARRY OUT THEIR
RESPONSIBILITY UNDER THE ARRANGEMENTS FOR THE SALE OF HARRIER AIRCRAFT.
THE UNITED STATES GOVERNMENT WILL SIMILARLY PROVIDE ACCESS TO UNITED
STATES FACILITIES A MAY BE NECESSARY.
SECTION VIII
PATENTS, COPYRIGHTS, AND THE SUPPLY AND USE OF TECHNICAL DATA
A. HER MAJESTY'S GOVERNMENT WILL ON REQUEST PROVIDE THE UNITED STATES
GOVERNMENT WITH ANY TECHNICAL DATA IN ITS POSSESSION RELEVANT TO THE
OPERATION AND MAINTENANCE OF UNITED STATES NAVY HARRIER AIRCRAFT AND
RELATED SUPPLIES FOR THE UNITED STATES HARRIER PROGRAMME, AND, TO THE
EXTENT THAT IT CAN DO SO WITHOUT INCURRING LIABILITY TO OTHERS, HER
MAJESTY'S GOVERNMENT WILL GRANT TO THE UNITED STATES GOVERNMENT A RIGHT
TO USE SUCH TECHNICAL DATA FOR THAT PROGRAMME.
B. IN CONTRACTS PLACED BY HER MAJESTY'S GOVERNMENT IN CONNECTION WITH
THE SALE OF HARRIER AIRCRAFT AND RELATED SUPPLIES TO THE UNITED STATES
GOVERNMENT, HER MAJESTY'S GOVERNMENT WILL PROVID FOR THE SUPPLY OF
TECHNICAL DATA TO THE UNITED STATES GOVERNMENT, AT THE COST OF
REPRODUCTION:
(1) IN RESPECT OF THE HARRIER AIRFRAME, ONE SET EACH OF ILLUSTRATED
PARTS BREAKDOWN, MAINTENANCE AND TECHNICAL MANUALS, TOGETHER WITH
DETAILS OF WIRING SCHEMATICS, INSPECTION CRITERIA, DESCRIPTION OF
SPECIAL TOOLS FOR MAJOR COMPONENTS AND ANY OTHER DATA, INCLUDING SUCH
REPRODUCIBLE ENGINEERING DRAWINGS, AS MAY BE NECESSARY FOR THE PURPOSE
OF ENABLING THE UNITED STATES NAVY TO MAINTAIN, SERVICE AND REPAIR
(INCLUDING THE EMERGENCY MANUFACTURE OF REPLACEMENT AIRFRAME PARTS) IN
ITS OWN FACILITIES, HARRIER AIRFRAMES SUPPLIED TO THE UNITED STATES
GOVERNMENT;
(2) IN RESPECT OF THE PEGASUS ENGINE, ONE SET EACH OF ILLUSTRATED
PARTS BREAKDOWN, MAINTENANCE AND TECHNICAL MANUALS, TOGETHER WITH
DETAILS OF WIRING SCHEMATICS, INSPECTION CRITERIA, DESCRIPTION OF
SPECIAL TOOLS FOR MAJOR COMPONENTS, AND ANY OTHER DATA, INCLUDING SUCH
REPRODUCIBLE ENGINEERING DRAWINGS, AS MAY BE NECESSARY FOR THE PURPOSE
OF ENABLING THE UNITED STATES NAVY TO CARRY OUT ORGANIZATIONAL,
INTERMEDIATE AND DEPOT LEVEL MAINTENANCE, SERVICING AND REPAIR OF SUCH
ENGINES IN ITS OWN FACILITIES; AND
(3) IN RESPECT OF OTHER HARRIER AIRCRAFT EQUIPMENTS, TECHNICAL DATA
TO THE DEPTH NORMALLY AVAILABLE FOR THE OPERATION, IN-SERVICE
MAINTENANCE AND REPAIR OF AIRCRAFT FOR THE ROYAL AIR FORCE, AND TO THE
EXTENT THAT THIS TECHNICAL DATA FALLS SHORT OF THAT PROVIDED UNDER
PARAGRAPH B.(2) ABOVE HER MAJESTY'S GOVERNMENT WILL USE ITS BEST
ENDEAVOURS TO PROVIDE FOR SIMILAR ARRANGEMENTS TO THOSE IN PARAGRAPH
B.(2) ABOVE TO BE PROCURED, AT THE REQUEST OF THE UNITED STATES
GOVERNMENT, FROM THE APPROPRIATE UNITED KINGDOM MANUFACTURERS.
C. IT IS UNDERSTOOD THAT THE UNITED STATES GOVERNMENT, OR, IF SO
DESIRED BY THE UNITED STATES GOVERNMENT, UNITED STATES FIRMS, MAY ENTER
INTO GOVERNMENT-TO-FIRM OR FIRM-TO-FIRM AGREEMENTS, FOR THE SUPPLY AND
USE OF TECHNICAL DATA. IT IS FURTHER UNDERSTOOD THAT ANY SUCH AGREEMENT
WILL BE SUBJECT TO THE APPROVAL OF THE GOVERNMENTS, AND THAT HER
MAJESTY'S GOVERNMENT WILL, ON REQUEST, USE ITS BEST ENDEAVOURS TO ASSIST
THE UNITED STATES GOVERNMENT IN THE NEGOTIATIONS.
D. TECHNICAL DATA PROVIDED UNDER PARAGRAPHS A. AND B. ABOVE AND
SUBJECT TO LIMITATION OF USE OR DISCLOSURE WILL BE IDENTIFIED BY A
RESTRICTIVE LEGEND. THE UNITED STATES GOVERNMENT HAS THE RIGHT TO USE
OR COPY THIS TECHNICAL DATA ONLY FOR THE PURPOSES OF OPERATION OF UNITED
STATES NAVY HARRIER AIRCRAFT OR MAINTENANCE, SERVICING OR REPAIR IN
UNITED STATES NAVY FACILITIES OF SUCH AIRCRAFT AND RELATED SUPPLIES.
FURTHERMORE, THE UNITED STATES GOVERNMENT WILL SAFEGUARD ALL SUCH
RESTRICTED TECHNICAL DATA AT ALL TIMES AND WILL NOT ALLOW IT TO BE
DISCLOSED OUTSIDE THE UNITED STATES GOVERNMENT.
E. NOTHING IN THIS MEMORANDUM DIMINISHES OR LIMITS ANY RIGHTS THE
UNITED STATES GOVERNMENT HAS ACQUIRED IN PATENTS, TECHNICAL DATA OR
COPYRIGHT, UNDER ANY OTHER AGREEMENT OR MEMORANDUM OF UNDERSTANDING.
F. IN REGARD TO ALL RESEARCH AND DEVELOPMENT WORK PERFORMED UNDER
SECTION V, PARAGRAPH F. OF THI MEMORANDUM AND WHOLLY OR PARTIALLY FUNDED
BY THE UNITED STATES GOVERNMENT, HER MAJESTY'S GOVERNMENT WILL USE ITS
BEST ENDEAVOURS TO ENSURE THAT THE UNITED STATES GOVERNMENT WILL BE
ENTITLED TO A ROYALTY-FREE, NON-EXCLUSIVE IRREVOCABLE LICENSE FOR THE
EXCLUSIVE USE OF UNITED STATES ARMED FORCES THROUGHOUT THE WORLD:
(1) TO PRACTICE OR CAUSE TO BE PRACTICED ALL INVENTIONS CONCEIVED OR
FIRST REDUCED TO PRACTICE I THE PERFORMANCE OF THE SAID RESEARCH AND
DEVELOPMENT WORK, AND
(2) TO USE ALL TECHNICAL INFORMATION (WHETHER COPYRIGHTED OR NOT)
THAT IS PRODUCED IN THE PERFORMANCE OF THE SAID RESEARCH AND DEVELOPMENT
WORK.
SECTION IX
LIABILITY
A. THE UNITED STATES GOVERNMENT WILL PAY TO OR REIMBURSE HER
MAJESTY'S GOVERNMENT FOR ALL COSTS, LIABILITIES AND EXPENDITURES
INCURRED BY HER MAJESTY'S GOVERNMENT AS A RESULT OF RISKS ARISING DURING
AUTHORIZED FLIGHTS AND TAXYING TRIALS IN RESPECT OF HARRIER AIRCRAFT
BEING PROCURED BY HER MAJESTY'S GOVERNMENT FOR THE UNITED STATES
GOVERNMENT.
B. HER MAJESTY'S GOVERNMENT'S NORMAL CONTRACTUAL CONDITIONS FOR
REGULATING LIABILITY FOR SUCH RISKS ARE AS FOLLOWS:
(1) EXCEPT AS STATED IN SUB-PARAGRAPH (2) BELOW, HER MAJESTY'S
GOVERNMENT WILL ACCEPT LIABILITY FOR ALL RISKS ARISING DURING AUTHORIZED
FLIGHTS AND TAXYING TRIALS, WHETHER TO THE AIRCRAFT OR ENGINE, TO THE
EQUIPMENT THEREOF OR TO THE PROPERTY OF THE CONTRACTOR, INCLUDING THIRD
PARTY RISKS BOTH IN RESPECT OF PERSONAL INJURY AND DAMAGE TO PROPERTY.
EACH FLIGHT OR TRIAL WILL BE DEEMED TO BEGIN WHEN THE PILOT STEPS ON TO
THE AIRCRAFT FOR THE PURPOSE OF THE APPROVED FLIGHT OR TRIAL AND T CEASE
DIRECTLY HE DESCENDS FROM THE AIRCRAFT ON COMPLETION OF EACH FLIGHT OR
TRIAL.
(2) ALL RISKS TO THE PILOT OR OTHER OCCUPANTS OF THE AIRCRAFT, NOT
BEING REPRESENTATIVES OF HER MAJESTY'S GOVERNMENT OR SERVICE PERSONNEL
DULY AUTHORIZED TO PARTICIPATE IN OR BE PRESENT AT SUCH FLIGHTS AND
TRIALS, AND TO OTHER PERSONNEL EMPLOYED BY THE CONTRACTOR, WILL BE BORNE
BY THE CONTRACTOR.
(IN THESE CONDITIONS "AUTHORIZED FLIGHTS AND TAXYING TRIALS" ARE
FLIGHTS AND TRIALS MADE IN ACCORDANCE WITH THE PROVISIONS OF THE
CONTRACTS AS TO APPROVALS, CERTIFICATES OF SAFETY, TECHNICAL PROCEDURES
AND THE LIKE.)
IN ITS CONTRACTS FOR THE PURCHASE OF HARRIER AIRCRAFT AND RELATED
SUPPLIES FOR THE UNITED STATES GOVERNMENT, HER MAJESTY'S GOVERNMENT WILL
MODIFY THE ABOVE CONDITIONS SO THAT HER MAJESTY'S GOVERNMENT WILL NOT
ACCEPT RISK OF LOSS OF, OR DAMAGE TO CONTRACTOR'S PROPERTY NOR ACCEPT
THIRD PARTY RISKS IN RESPECT OF BOTH PERSONAL INJURY AND DAMAGE TO
PROPERTY, WHICH MAY BE INCURRED BY THE CONTRACTOR. THE UNITED STATES
GOVERNMENT WILL ACCEPT THE COSTS OF ANY INSURANCES NECESSITATED BY THESE
MODIFICATIONS AND THESE COSTS WILL BE INCLUDED IN THE LETTERS OF OFFER.
C. IN ADDITION TO THE PROVISIONS REFERRED TO IN PARAGRAPH A. ABOVE,
HER MAJESTY'S GOVERNMENT WISHES TO BE PROTECTED AGAINST DAMAGE TO OR
LOSS OR DESTRUCTION OF ANY HARRIER AIRCRAFT AND ALL RELATED SUPPLIES
BEING PROCURED BY HER MAJESTY'S GOVERNMENT FOR THE UNITED STATES
GOVERNMENT AND AN OTHER HARRIER AIRCRAFT BEING USED SOLELY FOR THE
UNITED STATES HARRIER PROGRAMME. ACCORDINGLY, THE UNITED STATES
GOVERNMENT WILL ASSUME THE RISK FOR ALL DAMAGE TO OR LOSS OR DESTRUCTION
OF SUCH HARRIER AIRCRAFT AND ALL RELATED SUPPLIES WHILE:
(1) OPERATED OR USED SOLELY FOR THE BENEFIT OF THE UNITED STATES
GOVERNMENT BY THE UNITED KINGDO PERSONNEL OR THEIR DULY APPOINTED
AGENTS;
(2) IN THE CUSTODY OR CONTROL OF HER MAJESTY'S GOVERNMENT OR THEIR
DULY APPOINTED AGENTS;
(3) OPERATED OR USED BY UNITED STATES GOVERNMENT PERSONNEL OR THEIR
DULY APPOINTED AGENTS; OR
(4) IN THE CUSTODY OR CONTROL OF THE UNITED STATES GOVERNMENT.
D. THE UNITED STATES GOVERNMENT WILL REIMBURSE HER MAJESTY'S
GOVERNMENT FOR HER MAJESTY'S GOVERNMENT'S COSTS, LIABILITIES AND
EXPENDITURES ON THIRD PARTY CLAIMS ARISING DIRECTLY OR INDIRECTLY BY
REASON OF INJURY OR DEATH OF PERSONS, OTHER THAN MEMBERS OF THE ARMED
FORCES OF THE UNITED KINGDOM WHILST ON DUTY, OR LOSS OF OR DAMAGE TO
PROPERTY ARISING OUT OF THE OPERATION OR USE OF ANY HARRIER AIRCRAFT OR
RELATED SUPPLIES IN PURSUANCE OF THIS MEMORANDUM BY OR FOR THE BENEFIT O
THE UNITED STATES GOVERNMENT (INCLUDING ANY PAYMENT WHICH MAY BE MADE BY
HER MAJESTY'S GOVERNMENT (WHETHER OR NOT IN PURSUANCE OF A LEGALLY
ENFORCEABLE OBLIGATION) TO OR ON BEHALF OF ANY AGENT, OFFICER OR
EMPLOYEE OF HER MAJESTY'S GOVERNMENT IN CONSEQUENCE OF ANY SUCH CLAIM
MADE AGAINST THAT AGENT, OFFICER OR EMPLOYEE IN RESPECT OF ANY SUCH
INJURY, DEATH OR DAMAGE).
E. HER MAJESTY'S GOVERNMENT WILL GIVE THE UNITED STATES GOVERNMENT
IMMEDIATE NOTICE OF ANY SUITS OR ACTIONS FILED OR CLAIMS MADE, TO WHICH
THE PROVISIONS HEREOF MAY BE RELEVANT, AND REPRESENTATIVE OF THE UNITED
STATES GOVERNMENT MAY BE ASSOCIATED WITH THE DEFENSE BEFORE A COURT OF
COMPETENT JURISDICTION OF ANY CLAIM AGAINST HER MAJESTY'S GOVERNMENT
WHICH MAY BE THE BASIS OF A PAYMENT BY THE UNITED STATES GOVERNMENT TO
HER MAJESTY'S GOVERNMENT IN CONNECTION WITH THIS PROGRAMME. HER
MAJESTY'S GOVERNMENT WILL NOT SETTLE ANY SUCH CLAIM WITHOUT PRIOR
CONSULTATION WITH AND AGREEMENT O THE UNITED STATES GOVERNMENT.
HOWEVER, NOTHING CONTAINED IN THIS PARAGRAPH WILL BE IN DEROGATION O THE
RIGHTS OF THE UNITED STATES GOVERNMENT UNDER THE "MEMORANDUM OF
UNDERSTANDING, DATED 30 OCTOBER 1952, BETWEEN THE UNITED STATES
GOVERNMENT AND HER MAJESTY'S GOVERNMENT IN THE UNITED KINGDOM OF GREAT
BRITAIN AND NORTHERN IRELAND RELATING TO THE OFFSHORE PROCUREMENT
PROGRAMME", PARTICULARLY THAT CONTAINED IN PARAGRAPH 13 THEREOF.
F. IN THE EVENT OF AN ACCIDENT RESULTING IN LOSS, DAMAGE, INJURY OR
DEATH ARISING FROM THE ACTIO OF AN AGENT, OFFICER OR EMPLOYEE OF HER
MAJESTY'S GOVERNMENT FOR WHICH THE RISK HAS BEEN ASSUMED BY THE UNITED
STATES GOVERNMENT UNDER PARAGRAPH C. ABOVE OR THE UNITED STATES
GOVERNMENT HAS AGREED TO MAKE REIMBURSEMENT UNDER D. ABOVE, THE REASON
FOR THE ACCIDENT WILL BE DETERMINED. SHOULD IT BE FOUND TO BE WHOLLY OR
IN PART DUE TO THE MISCONDUCT OR WILFUL NEGLIGENCE OF SUCH AGENT,
OFFICER OR EMPLOYEE BEING OF MANAGERIAL RANK, HER MAJESTY'S GOVERNMENT
WILL SHARE THE LIABILITY WITH THE UNITE STATES GOVERNMENT ON A BASIS TO
BE AGREED.
SECTION X
SECURITY
A. THE GOVERNMENTS WILL FACILITATE THROUGH DELEGATION OF AUTHORITY TO
THEIR RESPECTIVE IMPLEMENTING AGENCIES (UNITED STATES NAVY AND MINISTRY
OF TECHNOLOGY) THE EXCHANGE OF INFORMATION AND VISITS NECESSARY UNDER
THIS MEMORANDUM. THE RELEASE, HANDLING AND TRANSMITTAL OF INFORMATION
AND EQUIPMENT AND THE AUTHORIZATION OF VISITS WILL BE AS ARRANGED
BETWEEN THE GOVERNMENTS WITHIN TH GENERAL POLICY AS EXPRESSED IN
SECURITY AGREEMENTS PREVAILING BETWEEN THEM.
B. HER MAJESTY'S GOVERNMENT HAS NO SECURITY OBJECTION TO FIRM-TO-FIRM
DISCLOSURE OF TECHNICAL DATA REQUIRED BY THE UNITED STATES GOVERNMENT
FOR THE EFFECTIVE OPERATION OF THE HARRIER AIRCRAFT PROVIDED THAT THE
UNITED STATES GOVERNMENT CONFIRMS THE APPROPRIATE SECURITY CLEARANCES OF
THE NOMINATED RECIPIENT FIRMS AND ACCEPTS RESPONSIBILITY FOR ENSURING
THAT THESE FIRMS MAKE ARRANGEMENT FOR APPROPRIATE PROTECTION OF ANY
UNITED KINGDOM CLASSIFIED INFORMATION WHICH MAY BE DISCLOSED TO SUCH
FIRMS. HER MAJESTY'S GOVERNMENT SIMILARLY ACCEPTS RESPONSIBILITY FOR
UNITED STATES CLASSIFIED INFORMATION WHICH MAY BE DISCLOSED TO UNITED
KINGDOM FIRMS.
C. HER MAJESTY'S GOVERNMENT WILL PROVIDE TO THE UNITED STATES
GOVERNMENT DETAILS OF THE SECURITY GRADINGS APPLICABLE TO THE HARRIER
AIRCRAFT AND ASSOCIATED EQUIPMENTS AND WEAPONS. THE SECURITY GRADING OF
ANY EQUIPMENT DESIGNED BY THE UNITED STATES GOVERNMENT WHICH WOULD
REVEAL CLASSIFIED ASPECTS OF EQUIPMENT DESIGNED BY HER MAJESTY'S
GOVERNMENT WILL BE THE SUBJECT OF JOINT CONSULTATION BETWEEN THE
GOVERNMENTS. UNITED STATES EQUIPMENT WHICH DOES NOT REVEAL CLASSIFIED
ASPECTS OF EQUIPMENT DESIGNED BY HER MAJESTY'S GOVERNMENT WILL NOT BE
SUBJECT TO SUCH CONSULTATION. HOWEVER, THE UNITED STATES GOVERNMENT
WILL ADVISE HER MAJESTY'S GOVERNMENT OF THE SECURITY GRADING OF SUCH
EQUIPMENT.
D. THE UNITED STATES GOVERNMENT WILL CONSULT WITH HER MAJESTY'S
GOVERNMENT WHERE IT IS PROPOSED TO RELEASE HITHERTO UNPUBLISHED HARRIER
INFORMATION OF JOINT INTEREST TO THE GOVERNMENTS.
E. THE UNITED STATES GOVERNMENT WILL NOT RELEASE TO A THIRD COUNTRY
WITHOUT THE PRIOR CONSENT OF HER MAJESTY'S GOVERNMENT ANY HITHERTO
UNPUBLISHED HARRIER INFORMATION OF UNITED KINGDOM ORIGIN.
SECTION XI
DISPOSAL OF AIRCRAFT
THE UNITED STATES GOVERNMENT WILL NOT DISPOSE OF ANY HARRIER AIRCRAFT
OR RELATED SUPPLIES PURCHASED UNDER THE TERMS OF THIS MEMORANDUM TO ANY
OTHER COUNTRY WITHOUT THE APPROVAL OF HER MAJESTY'S GOVERNMENT.
EFFECTIVE DATE
THIS MEMORANDUM OF UNDERSTANDING IS EFFECTIVE FROM 22 OCTOBER 1969
BEING THE DATE ON WHICH IT IS SIGNED BY THE GOVERNMENTS.
/S/ B.D. AIREY /S/ J.E. HARVEY
B.D. AIREY J.E. HARVEY, JR.
ASSISTANT SECRETARY CAPTAIN, UNITED STATES NAVY
EXPORTS & INTERNATIONAL CONTRACTING OFFICER
RELATIONS DIVISION
MINISTRY OF TECHNOLOGY DEPARTMENT OF THE NAVY
ON BEHALF OF HER MAJESTY'S ON BEHALF OF THE GOVERNMENT
GOVERNMENT IN THE UNITED KINGDOM OF THE UNITED STATES OF
OF GREAT BRITAIN AND NORTHERN AMERICA
IRELAND
TURKEY 5 DEC 1973 FLITE DOCUMENT NO. 7502377
AGREEMENT
U.S. NAVY LOAN OFFICER ASSIGNMENT TO TURKISH NAVAL ACADEMY
NAVY SECTION JOINT UNITED STATES MILITARY MISSION FOR AID TO TURKEY
APO NEW YORK 09254
FROM: CHIEF NAVY SECTION, JOINT U.S. MILITARY MISSION FOR AID TO
TURKEY
TO: CHIEF OF NAVAL OPERATIONS (OP-01BC3)
SUBJ: U.S. NAVY LOAN OFFICER ASSIGNMENT TO TURKISH NAVAL ACADEMY
REF: (A) CJUSMMAT 061700 NOVEMBER 1973
(B) CNO 091944Z NOVEMBER 1973
ENCL: (1) CNO 1TR, JUSMMAT SER 451 OF 13 NOVEMBER 1973
(2) CINCTURNAV 1TR, PER 1804-73 EGT.PL. OF 5 DECEMBER 1973
1. REFERENCE (A) FORWARDED A PROPOSED AGREEMENT TO COVER CONDITIONS
FOR A U.S. NAVY LOAN OFFICER TO BE ASSIGNED TO THE TURKISH NAVAL
ACADEMY. REFERENCE (B) REQUESTED MINOR MODIFICATIONS TO REFERENCE (A)
WHICH WERE DONE AND ENCLOSURE (1), THE PROPOSED AGREEMENT, WAS FORWARDED
TO TURKISH NAVY FOR THEIR CONCURRENCE.
2. ENCLOSURE (2) IS A COPY OF TURKISH NAVY CONCURRENCE IN THE
CONDITIONS OF ASSIGNING THE ENGLIS LANGUAGE INSTRUCTOR TO THE TURKISH
NAVY ACADEMY IN ACCORDANCE WITH PARAGRAPH 2 OF ENCLOSURE (1). THE
SUBJECT AGREEMENT IS CONSIDERED APPROVED AND EFFECTIVE AS OF 5 DECEMBER
1973.
SIGNED
L. H. HIGGINBOTHAM
CAPTAIN, U.S. NAVY
DEPUTY CHIEF, NAVY SECTION
FROM: CHIEF OF NAVAL OPERATIONS
TO: COMMANDER TURKISH NAVAL FORCES
SUBJ: U.S. NAVY LOAN OFFICER ASSIGNMENT TO TURKISH NAVAL ACADEMY
1. YOUR CONCURRENCE IS REQUESTED IN THE ASSIGNMENT OF A U.S. NAVY
OFFICER TO YOUR NAVAL ACADEMY IN THE NEAR FUTURE. THE FOLLOWING IS
PLANNED FOR THIS OFFICER:
A. DUTY. TO SERVE AS AN ENGLISH INSTRUCTOR, LIKE THE OTHER TURKISH
OFFICER INSTRUCTORS, AS A MEMBER OF THE FACULTY OF THE NAVAL ACADEMY.
B. TOUR OF DUTY. TO PERFORM DUTY IN TURKEY FOR A PERIOD OF ABOUT TWO
YEARS ON A ONE WAY LOAN BASIS.
C. ADMINISTRATION AND CONTROL. THIS OFFICER SHALL SERVE UNDER THE
ADMINISTRATION AND CONTROL OF CHIEF NAVY SECTION JUSMMAT, ANKARA,
TURKEY.
D. DISCIPLINE. THIS OFFICER SHALL COMPLY WITH THE REGULATIONS,
ORDERS, INSTRUCTIONS, AND CUSTOM OF THE TURKISH NAVY INSOFAR AS THEY ARE
APPLICABLE. HE WILL OBEY OFFICERS SENIOR TO HIM IN RANK IN THE TURKISH
NAVY. UPON COMMITTING AN OFFENSE UNDER THE LAWS OF EITHER THE U.S. OR
THE TURKISH NAVY THE OFFICER MAY BE WITHDRAWN FROM DUTY WITH A VIEW
TOWARD FURTHER ADMINISTRATIVE OR DISCIPLINARY ACTION TO BE TAKEN BY THE
U.S. NAVY WHEN CONSIDERED NECESSARY. DISCIPLINARY ACTION, HOWEVER,
SHALL NOT BE TAKEN BY THE TURKISH NAVY AGAINST THE OFFICER. THE
RESPECTIVE SERVICES SHALL COOPERATE IN ADMINISTRATIVE OR DISCIPLINARY
ACTION AGAINST ANY OFFENSE BY THIS OFFICER.
E. LEAVE. LEAVE MAY BE GRANTED IN ACCORDANCE WITH THE REGULATIONS OF
THE U.S. NAVY, PROVIDED SUCH LEAVE IS ALSO APPROVED BY THE PROPER
AUTHORITY OF THE TURKISH NAVY.
F. UNIFORM. THIS OFFICER WILL COMPLY WITH THE DRESS REGULATIONS OF
THE U.S. NAVY AND THE ORDER OF DRESS FOR ANY OCCASION IS TO BE THAT
WHICH MOST NEARLY CONFORMS TO THE ORDER OF DRESS OF HIS DUT STATION.
HIS COMMANDING OFFICER WILL NOT ISSUE INSTRUCTIONS TO HIM WHICH CANNOT
BE COMPLIED WITH B REASONS OF DIFFERENCE IN DRESS REGULATIONS.
G. MESSING AND BERTHING. THE TURKISH NAVY MAY PROVIDE MESSING
FACILITIES AND FAMILY TYPE OR SINGLE QUARTERS FOR FOREIGN PERSONNEL, IF
AVAILABLE, AND ON THE SAME BASIS AND TO THE SAME EXTENT THAT IT PROVIDES
QUARTERS FOR ITS OWN PERSONNEL. IN ANY CASE, THE TURKISH NAVY WILL
RENDER ALL PRACTICABLE ASSISTANCE IN LOCATING AND OBTAINING SUITABLE
HOUSING FOR THE LOAN OFFICER AND HIS DEPENDENTS.
H. STATUS. THE PROVISIONS OF THE AGREEMENT BETWEEN THE PARTIES TO
THE NORTH ATLANTIC TREATY REGARDING THE STATUS OF THEIR FORCES' SIGNED
JUNE 19, 1951, AS WELL AS AGREEMENTS BETWEEN TURKEY AN THE UNITED STATES
IMPLEMENTING THAT AGREEMENT, SHALL APPLY DURING THE PERIOD OF THE LOAN
OFFICER'S SERVICE IN TURKEY.
I. REPORTS. PERIODIC OR OTHER REPORTS WHICH HE MAY BE REQUIRED TO
MAKE OR WHICH HE MAY WISH TO MAKE CONCERNING HIS DUTIES WILL BE
SUBMITTED VIA HIS COMMANDING OFFICER, TURKISH NAVAL FORCES, CHIE NAVY
SECTION, JUSMMAT TO THE CHIEF OF NAVAL OPERATIONS.
J. FINANCIAL ARRANGEMENTS
(1) THE U.S. NAVY WILL ASSUME RESPONSIBILITY FOR THE FOLLOWING
COMPENSATIONS AND EXPENSES IN ACCORDANCE WITH ITS REGULATIONS:
(A) PAY AND NORMAL ALLOWANCES INCLUDING COMMUTATION OF QUARTERS,
STATION OR OTHER LOCATION ALLOWANCES WHERE AUTHORIZED AND SUBSISTENCE.
(B) TRAVEL ALLOWANCE AND RELATED EXPENSES PAYABLE TO THE MEMBER
(INCLUDING COST OF TRANSPORTATIO PAID BY THE MEMBER) WHEN TEMPORARY
ADDITIONAL DUTY IS DIRECTED BY THE TURKISH NAVY.
(C) COMPENSATION FOR LOSS OR DAMAGE OF UNIFORMS, PERSONAL EQUIPMENT,
ETC., TO PERSONNEL.
(D) MEDICAL AND DENTAL TREATMENT OTHER THAN THAT COVERED BY (2)(B)
BELOW.
(E) BURIAL AND OTHER EXPENSES INCIDENT TO DEATH.
(F) EXPENDITURES IN CONNECTION WITH ANY SPECIAL DUTY PERFORMED ON
BEHALF OF THE U.S. NAVY DURING THE PERIOD OF ASSIGNMENT.
(2) EXCEPT FOR EXPENDITURES COVERED ABOVE, THE TURKISH NAVY IS
REQUESTED TO PROVIDE THE FOLLOWIN SERVICE, AND ASSUME CHARGES THEREFORE,
IN ACCORDANCE WITH THE REGULATIONS OF THAT SERVICE:
(A) CONVEYANCE IN SERVICE AIRCRAFT, VEHICLES AND MARINE CRAFT, WHEN
TRAVEL PERFORMED IS IN THE INTEREST OF THE TURKISH NAVY.
(B) MEDICAL AND DENTAL TREATMENT (EXCLUDING THE PROVISION OF
DENTURES) AVAILABLE AT SERVICE HOSPITALS AND OTHER SERVICE UNITS.
(C) USE OF LIBRARIES AND OTHER SHORE FACILITIES TO MAINTAIN
PROFESSIONAL KNOWLEDGE PROFICIENCIES AS DETERMINED APPROPRIATE BY THE
TURKISH NAVY.
(3) THE RIGHT OF THE LOAN OFFICER TO COMPENSATION FOR EXPENSES
INCURRED WHILE ON LOAN ASSIGNMENT WILL BE IN ACCORDANCE WITH REGULATIONS
OF THE U.S. NAVY.
(4) EXPENSES IN CONNECTION WITH THE FAMILY OF THE LOAN OFFICER WILL
BE BORNE BY THE SERVICE LIABLE FOR THE CORRESPONDING COSTS IN THE CASE
OF THE LOAN OFFICER AND WILL BE IN ACCORDANCE WITH THE REGULATIONS OF
THAT SERVICE.
NOTE. THE TURKISH NAVY (EXCEPT AS SPECIFICALLY PROVIDED FOR ABOVE)
WILL BE LIABLE DURING THE PERIOD OF DUTY FOR THE COST OF TRANSPORTATION
IF POSSIBLE, WHILE ON DUTY, PROVIDED THAT SUCH COST O TRANSPORTATION
DOES NOT INVOLVE A CASH REIMBURSEMENT TO THE PERSONNEL CONCERNED.
TRAVEL ALLOWANCES AND EXPENSES, INCLUDING CASH REIMBURSEMENTS TO THE
MEMBER FOR COST OF PERSONALLY PROCURED TRANSPORTATION, REMAIN THE
LIABILITY OF THE U.S. NAVY. WHEN LIABILITY FOR COST OF TRANSPORTATION
WHILE ON DUTY INVOLVES A CASH REIMBURSEMENT TO THE PERSONNEL CONCERNED,
IT WILL BE THE RESPONSIBILITY OF THE U.S. NAVY.
2. I PROPOSE THAT, IF THE TERMS AND CONDITIONS OUTLINED ABOVE ARE
ACCEPTABLE TO YOU, THIS LETTER AND YOUR REPLY CONCURRING THEREIN
CONSTITUTE AN AGREEMENT BETWEEN OUR TWO SERVICES.
PER: 1804-73 EGT.PL. 5 DECEMBER 1973
SUBJECT: ENGLISH LANGUAGE INSTRUCTOR
CHIEF, NAVY SECTION, JUSMMAT
REFERENCE: JUSMMAT LETTER, SER: 451, DATED 13 NOV 73.
THE PROVISIONS AND CONDITIONS SET FORTH IN THE REFERENCED LETTER IN
CONNECTION WITH THE USN OFFICER WHO WILL ASSUME DUTY AS AN ENGLISH
INSTRUCTOR AT THE NAVAL ACADEMY HAVE BEEN CONSIDERED APPROPRIATE BY THIS
COMMAND.
I REQUEST THAT THE NECESSARY ACTION BE TAKEN.
THAILAND 15 JUL 1973 FLITE DOCUMENT NO. 7502376
LETTER OF AGREEMENT
SPECIAL PROCEDURES FOR THE OPERATION AND CONTROL OF KC-135 AND B-52
AIRCRAFT OPERATING TO AND FRO U-TAPAO AIRFIELD
LETTER OF AGREEMENT BETWEEN COMMANDER ROYAL THAI NAVY U-TAPAO
AIRFIELD, AERONAUTICAL RADIO OF THAILAND LTD, 8TH AIR FORCE, 17AD
(PROV), 7/13 AIR FORCE
SUBJECT: SPECIAL PROCEDURES FOR THE OPERATION AND CONTROL OF KC-135
AND B-52 AIRCRAFT OPERATING TO AND FROM U-TAPAO AIRFIELD.
EFFECTIVE: 15 JUL 1973
1. PURPOSE:
THIS LETTER OF AGREEMENT DEFINES THE RESPONSIBILITIES AND PROCEDURES
TO BE UTILIZED FOR THE CONTROL OF TACTICAL TRAFFIC OPERATING TO AND FROM
U-TAPAO AIRFIELD, THAILAND. DEVIATION FROM THE PROCEDURES DESCRIBED
HEREIN MAY BE APPROVED ON AN INDIVIDUAL BASIS AFTER COORDINATION BETWEEN
FACILITIES.
2. CANCELLATION:
THIS AGREEMENT CANCELS THE 15 MAR 1971 LETTER OF AGREEMENT TITLED:
SPECIAL PROCEDURES FOR THE OPERATION AND CONTROL OF KC-135 AND B-52
AIRCRAFT OPERATING TO AND FROM U-TAPAO AIRFIELD.
3. DEFINITIONS AND ABBREVIATIONS:
FOR THE PURPOSE OF BREVITY, THE FOLLOWING ABBREVIATIONS WILL BE USED:
BACC - BANGKOK AREA CONTROL CENTER
RAPCON - RADAR APPROACH CONTROL FACILITY
TACS - TACTICAL AIR CONTROL SYSTEM
CF - CHROME FOXTROT
BUT - U-TAPAO
KRT - KORAT
MARSA - MILITARY AUTHORITY ASSUMES RESPONSIBILITY FOR SEPARATION OF
AIRCRAFT
CRC - CONTROL REPORTING CENTER
TACTICAL AIRCRAFT - AN AIRCRAFT ON A MISSION DIRECTED BY A
FRAGMENTARY ORDER
4. DESCRIPTION OF RESERVED/SPECIAL USE AIRSPACE:
THE FOLLOWING AREAS ARE EITHER RESERVED OR PROTECTED FOR SPECIAL USE:
A. RESTRICTED AREA R-17 (SIERRA NORTH) AND RESTRICTED AREA R-18
(SIERRA SOUTH) AS DEFINED IN THE THAILAND AIP AND AMENDED. (RESPONSIBLE
AGENCY SAC COMMAND POST AT U-TAPAO).
B. SIERRA EAST - THAT AIRSPACE ENCOMPASSED BY A LINE STARTING AT A
POINT 15:00N - 102:00E, THENC EAST TO 15:00N - 103:40E, THENCE SOUTH TO
A POINT ON THE THAILAND BORDER AT 14:26N - 103:40E, THENC EAST, NORTH
AND WEST ALONG THE BORDER TO 102:00E, THENCE SOUTH ALONG 102:00E TO THE
STARTING POINT. ALTITUDES RESERVED WITHIN THIS AREA ARE FROM FL330
THROUGH FL430 ON A CONTINUOUS BASIS.
C. B-52 DEPARTURE: (CHROME DEPARTURE CORRIDOR)
(1) ROUTING. AIRCRAFT SHALL DEPART THE U-TAPAO AREA OF
RESPONSIBILITY AT CHROME BRAVO (BKK VORTAC 162R/50DME - 13:12N,
100:55E), THEN PROCEED TO CHROME CHARLIE (BKK 162R/29DME - 13:32N,
100:48E), THENCE PROCEED DIRECT TO CHROME DELTA (BKK 045R/36DME -
14:26N, 101:05E), THENCE PROCEED DIRECT TO CHROME ECHO (BKK 034R/55DME -
14:46N, 101:11E), THENCE PROCEED DIRECT TO CHROME FOXTROT (KRT TACAN
360R/35DME - 15:32N, 102:06E). AT CHROME FOXTROT THE AIRCRAFT WILL
PROCEED TACTICALLY I ACCORDANCE WITH THE TACTICAL LETTER OF AGREEMENT,
DATED AUGUST 1, 1969, AND ENTER THE SIERRA EAST ALTITUDE BLOCK. THE
WIDTH OF THE DEFINED CORRIDOR SHALL BE FIVE NAUTICAL MILES EITHER SIDE
OF CENTERLINE.
(2) ALTITUDES. TWO SEPARATE ALTITUDE BLOCKS SHALL APPLY. THEY ARE
AS FOLLOWS:
(A) WHEN ALPHA, CHARLIE OR BUS REFUELING BLOCKS ARE ACTIVE, AND
EXTENDING FROM ONE HOUR PRIOR TO THE BLOCK EFFECTIVE TIME UNTIL THE
BLOCK TERMINATES: FROM CHROME BRAVO TO CHROME CHARLIE FL200 - FL240.
FROM CHROME CHARLIE TO CHROME DELTA FL230 - FL240. FROM CHROME DELTA,
THE START CLIMB POINT, TO CHROME ECHO FL230 - FL390. FROM CHROME ECHO
TO CHROME FOXTROT FL250 - FL390. AIRCRAFT SHALL CLIMB SO AS TO CROSS
CHROME FOXTROT AT FL330 OR ABOVE.
(B) WHEN ALPHA, CHARLIE OR BUS REFUELING BLOCKS ARE INACTIVE: FROM
CHROME BRAVO TO CHROME CHARLI FL230 - FL310. FROM CHROME CHARLIE TO
CHROME DELTA FL250 - FL310. FROM CHROME DELTA TO CHROME ECH FL270 -
FL390. FROM CHROME ECHO TO CHROME FOXTROT FL300 - FL390. AIRCRAFT
SHALL CLIMB SO AS TO CROSS CHROME FOXTROT AT FL330 OR ABOVE AND SHALL
ENTER THE SIERRA EAST ALTITUDE BLOCK.
D. B-52 DEPARTURES OPERATING SOUTH OF U-TAPAO SHALL REMAIN WITHIN THE
PROTECTED AIRSPACE OF R-17 AND R-18.
E. BANGKOK ACC SHALL PROTECT THE CORRIDORS AND RESERVED ALTITUDES
DESCRIBED ABOVE. HOWEVER, WHE PRIOR COORDINATION IS EFFECTED WITH THE
APPROPRIATE AGENCY AND NO CONFLICTING TACTICAL TRAFFIC EXISTS, BANGKOK
ACC MAY UTILIZE THE AIRSPACE FOR IFR OPERATIONS ON AN INDIVIDUAL BASIS.
5. GENERAL:
A. BANGKOK ACC WILL PROVIDE STANDARD IFR SEPARATION BETWEEN ALL
TACTICAL AIRCRAFT UNDER BACC JURISDICTION AND BETWEEN SUCH TACTICAL
AIRCRAFT AND ALL OTHER AIRCRAFT OPERATING IN ACCORDANCE WITH IFR. THIS
SEPARATION CAN ONLY BE APPLIED WITHIN THE BANGKOK IFR. TRAFFIC AND
WEATHER ADVISORIES MAY BE PROVIDED ANYWHERE.
B. IN ADDITION TO THE SEPARATION MENTIONED IN PARA A ABOVE, BACC WILL
PROVIDE TACTICAL AIRCRAFT WITH TRAFFIC AND WEATHER ADVISORIES IN
ACCORDANCE WITH PROCEDURES ESTABLISHED IN ICAO DOCUMENT RAC 4444 AND THE
HOST NATION LETTER OF AGREEMENT CONCERNING SPECIAL PROCEDURES FOR
TACTICAL FLIGHT OPERATION, DATED 1 AUG 1969 (CONSISTENT WITH 7TH AIR
FORCE REGULATION 55-2).
C. ADVANCE FLIGHT PLAN INFORMATION WILL NOT BE REQUIRED BY BACC FOR
TACTICAL AIRCRAFT OPERATING TO AND FROM U-TAPAO.
D. THE FOLLOWING CLEARANCE LIMIT FIXES WILL NORMALLY BE USED FOR
BOMBER AND TANKER AIRCRAFT DEPARTING/RETURNING U-TAPAO WITH EXCEPTION OF
THOSE B-52 AIRCRAFT USING THE CHROME DEPARTURE CORRIDOR:
KORAT EAST - KRT 082R/58DME - BUT 039R/187DME - 15:04N, 103:03E
KORAT WEST - KRT 286R/39DME - BUT 009R/148DME - 15:07N, 101:26E
KILO SIERRA EAST - KRT 097R/139DME - 14:40N, 104:30E
ALPHA PAPA - BUT 060/90DME - 13:25N, 102:22E
BRAVO PAPA - BKK 120R/126DME - 12:56N, 102:30E
BRAVO VICTOR - KRT 163/17DME - 14:40N, 102:10E
KILO CHARLIE - KRT 360/20DME - 15:16N, 102:05E
E. KC-135 CELL AIRCRAFT WILL ESTABLISH AND MAINTAIN 10 NM SEPARATION
(ILLEGIBLE) PRIOR TO TRANSITIONING FROM TACS TO BACC DURING RECOVERY
OPERATIONS. THESE PROCEDURES DO NOT APPLY TO PARAGRAPH 6C(3).
6. OPERATIONAL PROCEDURES:
A. KC-135 DEPARTURE OPERATIONS:
(1) BACC AND BUT RAPCON RADARS OPERATING NORMALLY:
(A) BUT TOWER WILL REQUEST IFR CLEARANCE FROM BACC BY STATING
AIRCRAFT IDENTIFICATION, REQUESTED CLEARANCE LIMIT AND ALTITUDE.
(B) BACC WILL ISSUE A CLEARANCE DIRECT TO THE REQUESTED LIMIT AND
ASSIGN AN ALTITUDE. THIS INITIAL CLEARANCE MAY NOT BE THE REQUESTED
ALTITUDE BUT ASSIGNMENT OF REQUESTED ALTITUDE SHOULD BE EXPECTED SHORTLY
AFTER THE AIRCRAFT CONTACTS BACC.
(C) BUT TOWER SHALL EXPEDITIOUSLY RELAY DEPARTURE TIMES TO BACC.
(D) BUT RAPCON SHALL ACCOMPLISH A RADAR HANDOFF TO BACC IN ACCORDANCE
WITH ESTABLISHED PROCEDURES.
(E) AFTER COMPLETION OF THE RADAR HANDOFF TO BACC, BUT RAPCON WILL
INSTRUCT THE AIRCRAFT TO CONTACT BACC.
(F) BACC WILL PROVIDE RADAR SERVICE FROM THE TIME RADAR
IDENTIFICATION HAS BEEN ESTABLISHED. THIS SERVICE SHALL PROVIDE THE
MOST DIRECT ROUTING AVAILABLE TO THE POINT REQUESTED.
(G) BACC WILL ACCOMPLISH A RADAR HANDOFF TO BRIGHAM OR LION CRC/P IN
ACCORDANCE WITH ESTABLISHED PROCEDURES AS SOON AS THE AIRCRAFT IS WITHIN
RANGE OF THE SITE AND ALL POTENTIAL CONFLICTIONS WITH OTHER KNOWN BACC
TRAFFIC HAVE BEEN RESOLVED. THE HANDOFF WILL BE MADE WITH REFERENCE TO
KORAT.
(H) ALL IFR SERVICES BEING PROVIDED BY BACC ARE AUTOMATICALLY
TERMINATED AT THE TIME THE AIRCRAF IS INSTRUCTED TO CONTACT THE
APPROPRIATE TACS FACILITY AND, FROM THAT TIME ON, THE AIRCRAFT IS
CONSIDERED TO BE OPERATING WITHIN THE TACS.
(I) IF AN AIRCRAFT BEING CONTROLLED BY BACC WILL PENETRATE AIRSPACE
WHICH HAS BEEN DELEGATED TO RAPCON, BACC WILL ACCOMPLISH A RADAR HANDOFF
TO THE RAPCON, WHO IN TURN SHALL PROVIDE ALL REQUIRED SERVICES TO THE
AIRCRAFT UNTIL TRANSFER TO THE TACS HAS BEEN ACCOMPLISHED.
(2) BACC RADAR NOT OPERATING:
BACC WILL ASSIGN A NON-RADAR ROUTING TO THE AIRCRAFT. NO RADAR
SERVICES CAN BE PROVIDED AND THE AIRCRAFT WILL BE INSTRUCTED TO CONTACT
THE TACS FACILITY AFTER ALL POTENTIAL CONFLICTS WITH KNOWN TRAFFIC HAVE
BEEN RESOLVED. ALL BACC IFR SERVICES WILL TERMINATE AT THE TIME THE
AIRCRAFT IS INSTRUCTED TO CONTACT THE TACS FACILITY.
(3) BACC AIR/GROUND COMMUNICATIONS AND RADAR NOT OPERATING:
(A) BUT TOWER WILL REQUEST DEPARTURE CLEARANCE FROM BACC.
(B) AIRCRAFT WILL DEPART VIA BUT TACAN 039 RADIAL TO KORAT EAST (KE)
OR TO KILO SIERRA EAST (KSE). AIRCRAFT CROSS BUT 039/30 AT BLOCK
FL100/130.
(C) AFTER CLEARING AIRWAY AMBER ONE AIRCRAFT WILL CONTACT LION
CONTROL AND GIVE RADIAL/DME POSITION FROM KORAT TACAN (CH 125) FOR RELAY
TO BACC. SUBSEQUENT ALTITUDE CHANGES WILL BE REQUESTE FROM THE
APPROPRIATE IFR AGENCY THROUGH LION, WHEN RADAR CONTACT IS ESTABLISHED.
(4) BUT RAPCON RADAR INOPERATIVE:
BUT RAPCON SHALL INSURE DEPARTURES ARE ESTABLISHED ON THE DEPARTURE
ROUTE ASSIGNED AND ALL POTENTIAL CONFLICTS WITH TRAFFIC UNDER THEIR
CONTROL ARE RESOLVED PRIOR TO INSTRUCTING THE DEPARTUR TO CONTACT BACC.
B. B-52 DEPARTURE OPERATIONS:
(1) BACC AND BUT RAPCON RADAR OPERATING NORMALLY:
(A) B-52 AIRCRAFT WILL UTILIZE THE CHROME DEPARTURE PROCEDURES
DESCRIBED IN PARA 4C, OR THE KORA EAST (KE) DEPARTURE.
(B) BUT TOWER WILL NOT REQUEST CLEARANCE FROM BACC FOR CHROME
DEPARTURES, BUT WILL REQUEST CLEARANCE FOR KORAT EAST DEPARTURES.
(C) PRIOR TO THE TIME THAT AIRCRAFT WILL DEPART THE BUT RAPCON
TERMINAL CONTROL AREA (TMA), A RADAR HANDOFF SHALL BE AFFECTED WITH
BACC.
(D) AIRCRAFT ON CHROME DEPARTURE SHALL CONTACT BACC GIVING AIRCRAFT
IDENTIFICATION ONLY. NO POSITION WILL BE GIVEN BY THE AIRCRAFT.
(E) BACC WILL CONFIRM RADAR IDENTIFICATION WITH CHROME DEPARTURE
AIRCRAFT. NO POSITION INFORMATION WILL BE EXCHANGED. BACC WILL RADAR
FLIGHT FOLLOW THE AIRCRAFT BUT WILL NOT COMMUNICATE EXCEPT TO ISSUE
TRAFFIC OR DEVIATION CLEARANCES.
(F) STANDARD AIR TRAFFIC CONTROL COMMUNICATIONS PROCEDURES WILL APPLY
FOR AIRCRAFT USING KORAT EAST DEPARTURES.
(G) THE AIRCRAFT SHALL MONITOR BACC FREQUENCY UNTIL PASSING CF OR KE
OR UNTIL INSTRUCTED BY BACC TO CONTACT A TACS FACILITY.
(H) AS THE AIRCRAFT APPROACHES CF OR KE, BACC SHALL COORDINATE A
RADAR HANDOFF TO THE APPROPRIAT TACS FACILITY. IN THE EVENT A RADAR
HANDOFF CANNOT BE ACCOMPLISHED, BACC WILL COORDINATE THE TRAFFIC WITH
THE APPROPRIATE TACS FACILITY AND INSTRUCT THE AIRCRAFT TO CONTACT SAID
FACILITY.
(I) BACC MAY UTILIZE CHROME DEPARTURE CORRIDOR AIRSPACE FOR THEIR
OPERATIONS BASED ON KNOWN TRAFFIC.
(2) BACC RADAR INOPERATIVE:
(A) BUT RAPCON SHALL ADVISE BACC THAT THE AIRCRAFT IS IN THE BLOCK
AND INSTRUCT THE AIRCRAFT TO CONTACT BACC.
(B) BACC WILL INFORM AIRCRAFT THAT BACC RADAR IS INOPERATIVE, TO
MONITOR THE FREQUENCY AND CONTACT THE APPROPRIATE TACS FACILITY PASSING
CF.
(C) IN THE EVENT DEVIATION BECOMES NECESSARY, STANDARD SEPARATION
WILL BE PROVIDED FROM ALL KNOW TRAFFIC.
(3) BACC AIR/GROUND COMMUNICATIONS AND RADAR NOT OPERATING:
(A) AIRCRAFT WILL DEPART VIA CHROME DEPARTURE CORRIDOR AND ALTITUDES.
BACC WILL ISSUE ALPHA, CHARLIE OR BUS TRACK ALTITUDE RESTRICTIONS WHEN
REQUIRED TO THE U-TAPAO COMMAND POST.
(B) BUT RAPCON WILL ADVISE BACC WHEN DEPARTING AIRCRAFT WILL BE
ENTERING BACC AREA.
(4) BUT RAPCON RADAR INOPERATIVE:
(A) BUT RAPCON SHALL NOTIFY BACC OF AIRCRAFT IDENTIFICATION PRIOR TO
ACCOMPLISHING A FREQUENCY CHANGE.
(B) BUT RAPCON SHALL INSTRUCT AIRCRAFT TO CONTACT BACC PRIOR TO
LEAVING BUT TERMINAL CONTROL AREA.
(C) BACC WILL RADAR IDENTIFY THE AIRCRAFT AFTER ESTABLISHING RADIO
CONTACT.
C. RECOVERY OPERATIONS, ALL AIRCRAFT:
(1) BACC AND BUT RAPCON RADAR OPERATING NORMALLY:
(A) THE TACS SHALL PROVIDE BACC WITH TIME ESTIMATES FOR RETURNING
AIRCRAFT. THESE ESTIMATES WIL NORMALLY PROVIDE AN ABEAM KORAT, BRAVO
VICTOR OR BRAVO PAPA TIME. HOWEVER, BACC WILL ACCEPT AN ETA FOR ANY
OTHER COORDINATED LOCATION.
(B) BRIGHAM CRC SHALL BE THE RESPONSIBLE AGENCY FOR HANDOFF TO BACC.
AIRCRAFT SEPARATION WILL B BASED ON ETA'S PASSED TO THEM BY THE AIRCRAFT
AND/OR LION/INVERT CRP.
(C) THE TACS FACILITY WORKING THE AIRCRAFT SHALL ACCOMPLISH A RADAR
HANDOFF TO BACC.
(D) IF THE AIRCRAFT IS NOT BEING CONTROLLED BY A TACS FACILITY, THE
AIRCRAFT SHOULD CONTACT BACC WHEN APPROXIMATELY 150 NM FROM BANGKOK, AND
GIVE CALL SIGN, POSITION AND ALTITUDE.
(E) BACC WILL CLEAR THE AIRCRAFT FROM THE POINT OF HANDOFF/INITIAL
CONTACT, DIRECT TO U-TAPAO AIRPORT, AND ISSUE CLEARANCE TO DESCEND.
BACC SHALL BE RESPONSIBLE FOR PROVIDING IFR SERVICES UNTI CONTROL IS
TRANSFERRED TO U-TAPAO RAPCON. SINCE TRAFFIC MAY AFFECT BOTH ROUTE AND
ALTITUDE, MINOR VARIATIONS MAY BE EXPECTED.
(F) THE POINT AT WHICH DESCENT IS BEGUN AND THE RATE OF DESCENT
ESTABLISHED WILL NORMALLY BE DETERMINED BY THE CELL LEAD OR AIRCRAFT
COMMANDER. IF SPECIFIC ALTITUDE RESTRICTIONS ARE REQUIRED BY BACC, BACC
WILL SO INSTRUCT THE AIRCRAFT CONCERNED.
(G) BACC SHALL ACCOMPLISH A RADAR HANDOFF TO U-TAPAO RAPCON WHEN THE
AIRCRAFT ARE APPROXIMATELY 55 NM FROM U-TAPAO. BUT RAPCON WILL PROVIDE
APPROPRIATE APPROACH CLEARANCE.
(H) ALL AIRCRAFT EXCEPT B-52S WILL BE SERVICED INDIVIDUALLY. B-52
AIRCRAFT WILL BE RECOVERED AS A CELL, UNDER MARSA WITHIN THE CELL,
EXCEPT THAT INDIVIDUAL HANDOFFS WILL BE EFFECTED WITH BUT RAPCON. BACC
WILL CONSIDER A CELL OF TWO OR THREE AIRCRAFT AS UTILIZING TWO THOUSAND
FEET OF AIRSPACE, THE ALTITUDE ASSIGNED AND THE NEXT HIGHER THOUSAND
FOOT LEVEL AND WILL PROVIDE VERTICAL SEPARATION ACCORDINGLY.
(2) BACC RADAR INOPERATIVE:
(A) TACS SHALL PROVIDE ESTIMATES AS IN PARA 6C(1)(A), AND INSTRUCT
THE AIRCRAFT TO CONTACT BACC 150 NM FROM BANGKOK. UPON RADIO CONTACT,
BACC WILL PROVIDE A SPECIFIC NON-RADAR ROUTING. FOR EXAMPLE, "(AIRCRAFT
IDENT) CLEARED TO U-TAPAO AIRPORT VIA DIRECT KORAT, DIRECT U-TAPAO, ETC,
MAINTAIN FL150".
(B) ALL AIRCRAFT EXCEPT B-52S WILL BE SERVICED INDIVIDUALLY. B-52
AIRCRAFT WILL BE RECOVERED AS A CELL, UNDER MARSA WITHIN THE CELL, UNTIL
TRANSFERRED TO U-TAPAO RAPCON. BACC WILL CONSIDER A CEL OF TWO OR THREE
AIRCRAFT AS UTILIZING TWO THOUSAND FEET OF AIRSPACE, THE ALTITUDE
ASSIGNED AND THE NEXT HIGHER THOUSAND FOOT LEVEL, AND WILL PROVIDE
VERTICAL SEPARATION ACCORDINGLY.
(C) AFTER ELIMINATING ALL POTENTIAL CONFLICTIONS BETWEEN THE AIRCRAFT
CONCERNED AND OTHER KNOWN BACC TRAFFIC, THE RECOVERING AIRCRAFT WILL BE
TRANSFERRED TO U-TAPAO RAPCON (NORMALLY 55-60 NM FROM U-TAPAO). RAPCON
WILL THEN RADAR IDENTIFY THE AIRCRAFT AND PROVIDE AN APPROPRIATE
APPROACH CLEARANCE.
(3) BACC AIR/GROUND COMMUNICATIONS AND RADAR NOT OPERATING:
(A) KC-135 AIRCRAFT:
1. NOTE: RAPCON CAN ONLY PROVIDE ADVISORIES WHICH WILL ASSIST THE
PILOTS IN ATTAINING SEPARATIO BETWEEN THE AIRCRAFT TO BE PROVIDED
INDIVIDUAL CONTROL. SEPARATION RESPONSIBILITY BETWEEN AIRCRAFT WITHIN
THE FORMATION DURING TRANSITION TO INDIVIDUAL CONTROL RESTS WITH THE
PILOTS CONCERNED UNTIL PILOTS REPORTS INDICATE SEPARATION HAS BEEN
ESTABLISHED.
2. AIRCRAFT WILL PROCEED VIA KILO CHARLIE (KC), KORAT (KRT) TACAN
DIRECT U-TAPAO OR VIA KILO SIERRA EAST (KSE), KORAT (KRT) TACAN DIRECT
U-TAPAO.
3. TACS WILL ISSUE CELL TIMES OVER KORAT (KRT) TO PROVIDE TEN
MINUTES BETWEEN EACH CELL.
4. TACS SHALL PROVIDE ESTIMATES AS IN PARA 6C(1)(A) AND INSTRUCT THE
AIRCRAFT TO CONTACT KORAT APPROACH CONTROL (RAPCON) WHEN 150 NM FROM
BANGKOK. AIRCRAFT WILL REQUEST IFR CLEARANCE TO U-TAPAO
5. KORAT APPROACH CONTROL WILL OBTAIN IFR CLEARANCE FROM BANGKOK
ACC.
6. U-TAPAO RAPCON WILL ADVISE BANGKOK ACC WHEN AIRCRAFT ENTER THEIR
AIRSPACE.
(B) B-52 AIRCRAFT: AIRCRAFT RETURN VIA RUBY RECOVERY ROUTE TO
U-TAPAO. AIRCRAFT WILL MAINTAIN FL410 (BASE ALTITUDE) AND CONTACT
U-TAPAO APPROACH CONTROL WHEN PASSING BRAVO PAPA. BUT RAPCON WIL ADVISE
BACC WHEN AIRCRAFT REPORT OVER BRAVO PAPA.
(4) RAPCON RADAR INOPERATIVE:
(A) AIRCRAFT SHALL BE CLEARED BY BACC TO THE U-TAPAO INITIAL APPROACH
FIX RATHER THAN THE AIRPOR AND WILL BE PROVIDED INITIAL SEPARATION BY
BACC.
(B) RAPCON WILL CLEAR AIRCRAFT FROM THE IAF IN ACCORDANCE WITH
ESTABLISHED PROCEDURES AND KEEP BACC INFORMED OF THE HIGHEST ALTITUDE IN
USE AT THE IAF.
(C) BACC WILL ESTABLISH A SPECIAL HOLDING POINT NORTHEAST OF U-TAPAO
TO BE USED WHEN HOLDING IS REQUIRED AT THE IAF AND THE CHROME DEPARTURE
CORRIDOR IS IN USE (PROTECTED AIRSPACE FOR THE IAF AND CHROME DEPARTURE
ROUTE OVERLAP). THE IAF WILL BE FED FROM THIS POINT AT ALTITUDES WHICH
WILL CLEAR THE VERTICAL LIMITS OF CHROME DEPARTURE ROUTE.
6. GENERAL:
THIS AGREEMENT IS SUBJECT TO AMENDMENT OR CANCELLATION UPON MUTUAL
AGREEMENT OF THE SIGNATORIES.
SUMMARY OF REVISED, DELETED, OR ADDED MATERIAL. THIS REVISION IS A
GENERAL ADMINISTRATIVE UPDATE
MAJOR CHANGES INCLUDE: ADDING PROVISION FOR BANGKOK CENTER AIR/GROUN
COMMUNICATIONS AND RADAR NOT OPERATING AND THE DELETION OF ATTACHMENT 1,
CONTAINED IN 15 MARCH 1971 AGREEMENT. ALSO INCLUDED AR RECOMMENDATIONS
PROVIDED BY BANGKOK ACC, 7/13AF AND THE 621ST TCS.
(SIGNATURES OMITTED)
ANNEX TO LETTER OF AGREEMENT BETWEEN COMMANDER ROYAL THAI NAVY
U-TAPAO AIRFIELD, AERONAUTICAL RADIO OF THAILAND LTD, 8TH AIR FORCE,
17AD (PROV), AND 13 ADVON
SUBJECT: SPECIAL SUPPLEMENTARY PROCEDURES FOR THE OPERATION AND
CONTROL OF B-52, KC-135 AND F-11 AIRCRAFT SOUTH OF U-TAPAO
EFFECTIVE: 15 JULY 1973
1. PURPOSE:
THIS ANNEX DEFINES THE RESPONSIBILITIES AND OUTLINES PROCEDURES TO BE
USED FOR THE CONTROL OF TACTICAL AIRCRAFT OPERATING TO AND FROM U-TAPAO,
IN R-17 AND ACROSS WHITE 31 AIRWAY. THIS ANNEX AMENDS PARAGRAPHS 4A,
4B, 4C(2)(A), 4C(2)(B), 4D AND 5D OF THE ORIGINAL LETTER OF AGREEMENT,
DATED 15 JULY 1973. THIS ANNEX MAY BE RESCINDED BY 8TH AIR FORCE DUE TO
OPERATIONAL NECESSITY. IF AND WHEN RESCINDED, THE ORIGINAL LETTER OF
AGREEMENT SHALL STAND AS WRITTEN. NOTICE OF RECISSION MAY B AS LITTLE
AS FOUR (4) HOURS IN ADVANCE.
2. AMENDMENTS:
A. PARAGRAPH 4A IS AMENDED TO READ: RESTRICTED AREA R-17 (SIERRA
NORTH) AND RESTRICTED AREA R-1 (SIERRA SOUTH) AS DEFINED IN THE THAILAND
AIP AND AMENDMENTS. MANEUVER AREA (UPPER SIERRA NORTH) SHALL BE DEFINED
AS THAT AREA GENERALLY OVERLYING R-17 BOUNDED BY LINES JOINING 102530N
1011330E, 1150N 10100E THENCE ALONG THE 50NM ARC OF THE U-TAPAO TMA TO
120430N 1013730E, 1209N 10152E, 1035N 10204E TO 102530N 1011330E (SEE
ATCH 1). ALTITUDES USED IN UPPER SIERRA NORTH ARE FROM FL330 THROUGH
FL370. (RESPONSIBLE AGENCY SAC COMMAND POST AT U-TAPAO).
B. PART OF PARAGRAPH 4B IS AMENDED AS FOLLOWS: ALTITUDES RESERVED
WITHIN THE SIERRA EAST AREA ARE FL330 THROUGH FL430 NORTH OF THE NORTH
EDGE OF WHITE ONE/AMBER ONE AIRWAY. (ADDED) ALTITUDES RESERVED WITHIN
THAT SEGMENT OF WHITE ONE/AMBER ONE AIRWAY WHICH TRANSITS SIERRA EAST
ARE FL330 THROUGH FL350. ALTITUDES SPECIFIED ARE RESERVED ON A
CONTINUOUS BASIS.
C. PART OF PARAGRAPH 4C(2)(A) IS AMENDED AS FOLLOWS: FROM CHROME
DELTA, THE START CLIMB POINT, TO CHROME ECHO FL230-FL350.
D. PART OF PARAGRAPH 4C(2)(B) IS AMENDED AS FOLLOWS: FROM CHROME
DELTA TO CHROME ECHO FL270-FL350.
E. PARAGRAPH 4D IS AMENDED TO READ: B-52 DEPARTURES SOUTH OF U-TAPAO
SHALL REMAIN WITHIN THE PROTECTED AIRSPACE OF R-17, R-18 AND U-TAPAO
TMA.
F. PARAGRAPH 4D(1) (ADDED): DEPARTURE AND RECOVERY ALTITUDES WITHIN
R-17 AND R-18 ARE AMENDED A REQUIRED TO AVOID USE OF FL290 ALONG THAT
SEGMENT OF GREEN 91 AIRWAY LOCATED WITHIN R-17.
G. PARAGRAPH 5D IS AMENDED TO READ: THE FOLLOWING CLEARANCE LIMIT
FIXES WILL NORMALLY BE USED FOR BOMBER AND TANKER AIRCRAFT DEPARTING
U-TAPAO WITH THE EXCEPTION OF THOSE B-52 AIRCRAFT USING TH CHROME
DEPARTURE CORRIDOR OR THE BROWN DEPARTURE.
3. THE FOLLOWING PROCEDURES APPLY TO B-52 OPERATIONS USING THE BROWN
DEPARTURE (R-17) TO THE UPPER SIERRA NORTH MANEUVER AREA.
A. B-52 AIRCRAFT SHALL DEPART U-TAPAO VIA THE BROWN DEPARTURE WITHIN
R-17. PRIOR TO REENTERING U-TAPAO TMA, EACH CELL LEAD AIRCRAFT SHALL
CONTACT U-TAPAO RAPCON FOR RADAR IDENTIFICATION. AIRCRAFT SHALL START
CLIMB TO FL330 THROUGH FL370 AT 1210N 10135E. AIRCRAFT WILL PROCEED
FROM THE START CLIMB POINT DIRECT TO 1238N 10129E THENCE LEFT TURN TO
1241N 10107E THENCE LEFT TURN TO ENTER UPPER SIERRA NORTH AT 1150N
10105E. AIRCRAFT SHALL MANEUVER WITHIN UPPER SIERRA NORTH AS REQUIRED.
ALL AIRCRAFT SHALL DEPART UPPER SIERRA NORTH AREA AT UNIFORM ALPHA (BUT
122/58DME - 1209N 10152E), CROSSING WHITE 31 AIRWAY AT 1211N 10157E
THENCE TO UNIFORM BRAVO (BUT 105/81DME - 1219N 10221E. AIRCRAFT SHALL
PROCEED INTO (VD) R-83 FROM 1219N 10221E ON ANY AXIS CLOCKWISE FROM 016
DEGREES TO 150 DEGREES MH.
NOTE: WHEN ADVISED BY BANGKOK CENTER THROUGH U-TAPAO COMMAND POST
THAT CONFLICTING TRAFFIC WILL BE USING GREEN 91 AIRWAY BETWEEN FL330
THROUGH FL370, B-52 AIRCRAFT SHALL REMAIN NORTH OF THE NORTHERN EDGE OF
GREEN 91 AIRWAY WHILE MANEUVERING WITHIN UPPER SIERRA NORTH THROUGHOUT
THE TIME PERIOD SPECIFIED BY BANGKOK CENTER.
B. BANGKOK CENTER AGREES TO:
(1) REFRAIN FROM CLEARING AIRCRAFT BETWEEN FL330 THROUGH FL370 ON
WHITE 31 AIRWAY FROM THE BUT TACAN 112/56DME TO THE BUT TACAN
133/102DME.
(2) ADVISE U-TAPAO COMMAND POST OF THE TIME PERIODS GREEN 91 AIRWAY
WITHIN R-17 WILL BE USED BY OTHER TRAFFIC AT FL330 THROUGH FL370. THIS
NOTIFICATION MUST BE MADE AS FAR IN ADVANCE AS POSSIBLE
(3) UTILIZE THE UBL TACAN 252/75DME AS A CONTROL FIX FOR EASTBOUND
IFR TRAFFIC ASSIGNED FL370 OR ABOVE ALONG AMBER ONE AIRWAY, AND THE UBL
TACAN 263/85DME AS A CONTROL FIX FOR WESTBOUND IFR TRAFFI AT FL370 OR
ABOVE ALONG WHITE ONE AIRWAY. EASTBOUND TRAFFIC SHALL BE CLEARED TO
CROSS THE UBL TACA 252/75DME AT OR ABOVE FL370. WESTBOUND TRAFFIC AT OR
ABOVE FL370 MAY BE CLEARED TO START DESCENT A THE UBL TACAN 263/85DME.
C. BANGKOK CENTER SHALL HAVE UNLIMITED USE OF FL290 AND FL310 ALONG
GREEN 91 AIRWAY WITHIN R-17.
D. F-111 AIRCRAFT DESIRING USE OF THE ESTABLISHED FCF ROUTE SOUTH OF
U-TAPAO SHALL CONTACT U-TAPAO RAPCON WHEN NORTH OF U-TAPAO TO DETERMINE
THE EXISTENCE AND/OR LOCATION OF B-52 TRAFFIC CLIMBING INTO OR IN THE
UPPER SIERRA NORTH MANEUVER AREA. IF NO TRAFFIC EXISTS, F-111S MAY
PROCEED SOUTHBOUND UNRESTRICTED ALONG THE FCF ROUTE. IF B-52 TRAFFIC IS
A FACTOR, F-111S SHALL REMAIN UNDE CONTROL OF U-TAPAO RAPCON FOR VECTORS
CLEAR OF TRAFFIC OR DELAY AS REQUIRED. ONCE CLEAR OF THE TRAFFIC,
F-111S MAY PROCEED SOUTHBOUND ALONG THE FCF ROUTE. F-111S INBOUND
(NORTHBOUND) ON THE FCF ROUTE SHALL REMAIN CLEAR OF UPPER SIERRA NORTH
AREA OR, IF UNABLE, SHALL DESCEND SO AS TO MAINTAIN FL240 OR BELOW PRIOR
TO REENTERING GREEN 91 AIRSPACE.
4. GENERAL:
THIS ANNEX IS SUBJECT TO AMENDMENT OR CANCELLATION UPON MUTUAL
AGREEMENT OF THE SIGNATORIES.
(SIGNATURES OMITTED)
(MAP - ATTACHMENT 1 OMITTED)
THAILAND 21 JUN 1973 FLITE DOCUMENT NO. 7502375
MEMORANDUM OF UNDERSTANDING
TO ESTABLISH JOINT POLICY WHICH WILL PROVIDE FOR JOINT RTN/USAF
OPERATION AT U-TAPAO ROYAL THAI NAVY BASE (RTNB)
MEMORANDUM OF UNDERSTANDING BETWEEN ROYAL THAI NAVY AND UNITED STATES
MILITARY ASSISTANCE COMMAND THAILAND JOINT UNITED STATES MILITARY
ADVISORY GROUP, THAILAND FOR JOINT ROYAL THAI NAVY AND UNITED STATES AIR
FORCE WEATHER OPERATIONS AT U-TAPAO ROYAL THAI NAVY BASE
1. PURPOSE:
A. TO ESTABLISH JOINT POLICY WHICH WILL PROVIDE FOR JOINT RTN/USAF
OPERATION AT U-TAPAO ROYAL THAI NAVY BASE (RTNB).
B. TO PROVIDE THE MAXIMUM EFFECTIVE UTILIZATION OF WEATHER PERSONNEL
AND EQUIPMENT.
C. TO INSURE THE PROVISIONS OF OPTIMUM WEATHER SERVICES TO MILITARY
FORCES USING U-TAPAO RTNB.
2. SCOPE:
A. THIS MEMORANDUM PERTAINS TO USAF AND RTN PERSONNEL IN THE WEATHER
FORECASTING, WEATHER OBSERVING AND WEATHER MAINTENANCE CAREER FIELDS.
B. THIS MEMORANDUM PERTAINS TO THE FOLLOWING WEATHER FACILITIES
LOCATED AT U-TAPAO RTNB:
(1) USAF BASE WEATHER STATION
(2) USAF WEATHER OBSERVING SITE
(3) USAF MAINTENANCE SECTION
C. LOCAL LETTERS OF UNDERSTANDING BETWEEN THE COMMANDER OF DETACHMENT
30, 10TH WEATHER SQUADRON USAF AND THE COMMANDER OF SATTAHIP RTN WEATHER
FORECASTING STATION (HEREAFTER REFERRED TO AS WEATHE COMMANDERS) WILL BE
WRITTEN TO DELINEATE DETAILS OF ADMINISTRATION AND OTHER
RESPONSIBILITIES NOT OTHERWISE PROVIDED.
3. OPERATIONS:
A. THE RTN AGREES TO:
(1) PROVIDE NOT MORE THAN TEN (10) QUALIFIED WEATHER OBSERVING
PERSONNEL FOR TWENTY FOUR (24) HOUR OBSERVING SERVICE AT THE USAF BASE
WEATHER STATION. "QUALIFIED WEATHER OBSERVER PERSONNEL" IS DEFINED AS
PERSONNEL WHO ARE QUALIFIED TO PERFORM IN-STATION OBSERVING DUTIES IN
ACCORDANCE WITH ESTABLISHED USAF PROCEDURES.
(2) PROVIDE ONE WEATHER EQUIPMENT MAINTENANCE PERSONNEL AT SUCH TIME
AS A TRAINED PERSON BECOMES AVAILABLE.
(3) PROVIDE WEATHER FORECASTING PERSONNEL AT SUCH TIME AS TRAINED
PERSONNEL BECOME AVAILABLE.
B. THE USAF AGREES TO:
(1) PROVIDE ORIENTATION AND ON-THE-JOB TRAINING IN USAF OBSERVING
PROCEDURES TO RTN PERSONNEL AT THE USAF WEATHER OBSERVING SITE.
(2) PROVIDE WEATHER MAINTENANCE ORIENTATION AND ON-THE-JOB TRAINING
TO ONE RTN PERSONNEL.
(3) PROVIDE ORIENTATION AND ON-THE-JOB TRAINING IN BASE WEATHER
STATION WEATHER OBSERVER DUTIES TO RTN PERSONNEL.
(4) PROVIDE WEATHER FORECASTING ORIENTATION AND ON-THE-JOB TRAINING
TO RTN PERSONNEL AS REQUIRED
(5) PROVIDE ONE WEATHER OBSERVER TECHNICIAN FOR LIAISON PURPOSES.
(6) PROVIDE THE PROVISION ALLOWANCE (PER DIEM) FOR RTN PERSONNEL ON
DUTY AT USAF WEATHER FACILITIES AT U-TAPAO RTNB AT THE DAILY RATE OF 30
BAHT FOR COMMISSIONED OFFICERS, 25 BAHT FOR PETT OFFICERS AND CHIEF
PETTY OFFICERS, AND 20 BAHT FOR OTHERS DIRECTLY INVOLVED AS ESTABLISHED
BY THE AMENDMENT TO CONTRACT AF62(272)272 MOD 22, EFFECTIVE 9 NOVEMBER
1972.
4. MAINTENANCE AND MATERIAL:
A. THE USAF AGREES TO PROVIDE EXPENDABLE SUPPLIES ASSOCIATED WITH
THIS JOINT OPERATION.
B. THE USAF AGREES TO PROVIDE SUCH MAINTENANCE AS REQUIRED TO SUPPORT
THIS JOINT OPERATION.
5. COMMAND:
A. WHEN BOTH RTN AND USAF PERSONNEL MAN THE SAME FACILITY, EACH
WEATHER COMMANDER WILL RETAIN CONTROL OF HIS PERSONNEL AND RESOURCES AS
SPECIFIED BY THEIR RESPECTIVE DIRECTIVES.
B. ESTABLISHED OPERATING PROCEDURES WILL BE SIGNED BY BOTH WEATHER
COMMANDERS.
C. PROBLEMS RELATED TO ORIENTATION, SCHEDULING, TECHNICAL DIFFERENCES
OF OPINION BETWEEN FORECASTERS AND/OR OBSERVERS AND OTHER FUNCTIONS WILL
BE RESOLVED JOINTLY BY THE WEATHER COMMANDERS
6. REVIEW:
A. THIS MEMORANDUM WILL BE REVIEWED AT LEAST ANNUALLY BY BOTH PARTIES
AND WILL BE REVISED AS NECESSARY. EITHER PARTY MAY RECOMMEND A REVIEW
AT ANY TIME.
B. IF EITHER PARTY WISHES TO NEGATE THIS MEMORANDUM, THEY WILL GIVE
THE OTHER PARTY NINETY (90) DAYS NOTIFICATION PRIOR TO CANCELLATION.
7. EFFECTIVE DATE: THIS MEMORANDUM OF UNDERSTANDING WILL BECOME
EFFECTIVE 30 DAYS AFTER JOINT SIGNATURE.
FOR THE: FOR THE:
ROYAL THAI NAVY UNITED STATES OF AMERICA
SIGNED SIGNED
VICE ADMIRAL PITI TANTIVES, RTN MAJOR GENERAL THOMAS W. MELLEN, USA
DIRECTOR, HYDROGRAPHIC DEPARTMENT DEPUTY COMMANDER, UNITED STATES
ROYAL THAI NAVY MILITARY ASSISTANCE COMMAND, THAILAND
THAILAND 5 JUN 1973 FLITE DOCUMENT NO. 7502374
MEMORANDUM OF UNDERSTANDING
TO ESTABLISH JOINT POLICY WHICH WILL PROVIDE FOR THE ESTABLISHMENT OF
JOINT RTAF/USAF OPERATIONS AT SELECTED WEATHER FACILITIES IN THAILAND
MEMORANDUM OF UNDERSTANDING BETWEEN HEADQUARTERS, ROYAL THAI AIR
FORCE AND UNITED STATES MILITARY ASSISTANCE COMMAND, THAILAND
1. PURPOSE:
A. TO ESTABLISH JOINT POLICY WHICH WILL PROVIDE FOR THE ESTABLISHMENT
OF JOINT RTAF/USAF OPERATIONS AT SELECTED WEATHER FACILITIES IN
THAILAND.
B. PROVIDE FOR MAXIMUM EFFECTIVE UTILIZATION OF WEATHER PERSONNEL AND
EQUIPMENT.
C. INSURE PROVISION OF OPTIMUM WEATHER SERVICE TO MILITARY FORCES IN
THAILAND.
2. SCOPE:
A. THIS MEMORANDUM PERTAINS TO PERSONNEL IN THE WEATHER OBSERVING,
WEATHER FORECASTING AND WEATHER MAINTENANCE CAREER FIELDS.
B. THIS MEMORANDUM PERTAINS TO THE FOLLOWING WEATHER FACILITIES:
(1) UDORN AIRFIELD:
(A) USAF RAWINSONDE FACILITY.
(B) USAF BASE WEATHER STATION.
(C) USAF WEATHER OBSERVATION SITE.
(D) USAF WEATHER MAINTENANCE SECTION.
(2) KORAT AIR BASE:
(A) USAF BASE WEATHER STATION.
(B) USAF WEATHER OBSERVATION SITE.
(C) USAF WEATHER MAINTENANCE SECTION.
(3) UBON AIRFIELD:
(A) USAF WEATHER OBSERVATION SITE.
(B) USAF BASE WEATHER STATION.
(C) USAF WEATHER MAINTENANCE SECTION.
(4) NAKHON PHANOM AIRPORT:
(A) USAF WEATHER OBSERVATION SITE.
(B) USAF BASE WEATHER STATION.
(C) USAF WEATHER MAINTENANCE SECTION.
(5) TAKHLI AIR BASE:
(A) RTAF WEATHER OBSERVATION SITE.
(B) USAF BASE WEATHER STATION
(C) USAF WEATHER MAINTENANCE SECTION.
C. LOCAL LETTERS OF UNDERSTANDING BETWEEN USAF AND RTAF WEATHER
COMMANDERS WILL BE WRITTEN TO DELINEATE RESPONSIBILITIES NOT OTHERWISE
PROVIDED.
3. OPERATIONS:
A. THE RTAF AGREES TO:
(1) PROVIDE QUALIFIED WEATHER OBSERVING PERSONNEL AT THE ABOVE NOTED
LOCATIONS TO PROVIDE TWENTY-FOUR (24) HOUR OBSERVING SERVICE AND TWO (2)
RADIOSOUNDINGS PER DAY AT UDORN AT SUCH TIME AS RESOURCES PERMIT.
"QUALIFIED PERSONNEL" ARE DEFINED AS PERSONNEL WHO ARE QUALIFIED IN USAF
OBSERVING AND SUPPORT PROCEDURES AND WHO HAVE SUFFICIENT ENGLISH
PROFICIENCY TO EFFECTIVELY COMMUNICATE WITH USAF WEATHER CUSTOMERS.
(2) PROVIDE WEATHER EQUIPMENT MAINTENANCE PERSONNEL AT SUCH TIME AS
TRAINED PERSONNEL ARE AVAILABLE.
(3) PROVIDE WEATHER FORECASTING PERSONNEL AT SUCH TIMES AS TRAINED
PERSONNEL ARE AVAILABLE.
B. THE USAF AGREES TO:
(1) PROVIDE ORIENTATION AND ON-THE-JOB TRAINING IN USAF WEATHER
OBSERVING PROCEDURES AND DEVELOP AND ADMINISTER USAF ACCREDITATION
PROCEDURES.
(2) PROVIDE ONE WEATHER OBSERVER TECHNICIAN FOR LIAISON AND QUALITY
CONTROL AT EACH LOCATION MENTIONED ABOVE.
(3) PROVIDE WEATHER MAINTENANCE ORIENTATION AND ON-THE-JOB TRAINING
TO RTAF PERSONNEL AS REQUIRED.
(4) PROVIDE ORIENTATION AND ON-THE-JOB TRAINING IN BASE WEATHER
STATION OBSERVER DUTIES TO RTAF PERSONNEL AS REQUIRED.
(5) PROVIDE WEATHER FORECASTING ORIENTATION AND ON-THE-JOB TRAINING
TO RTAF PERSONNEL AS REQUIRED.
4. MAINTENANCE AND MATERIEL:
A. THE USAF AGREES TO PROVIDE EXPENDABLE SUPPLIES ASSOCIATED WITH
THIS JOINT OPERATION.
THE USAF AGREES TO PROVIDE SUCH MAINTENANCE ON USAF EQUIPMENT AS
REQUIRED TO SUPPORT THIS JOINT OPERATION.
5. COMMAND:
A. WHEN BOTH RTAF AND USAF PERSONNEL MAN THE FACILITY EACH COMMANDER
WILL RETAIN CONTROL OF HIS PERSONNEL AND RESOURCES AS SPECIFIED BY THEIR
RESPECTIVE DIRECTIVES.
B. ESTABLISHED OPERATING PROCEDURES WILL BE SIGNED BY BOTH WEATHER
DETACHMENT COMMANDERS.
C. PROBLEMS RELATED TO ORIENTATION, SCHEDULING, TECHNICAL DIFFERENCES
OF OPINIONS BETWEEN FORECASTERS AND/OR OBSERVERS, AND OTHER FUNCTIONS
WILL BE RESOLVED JOINTLY BY RTAF AND USAF DETACHMENT COMMANDERS.
6. REVIEW: THIS MEMORANDUM WILL BE REVIEWED ANNUALLY IN JANUARY BY
BOTH PARTIES AND WILL BE REVISED AS NECESSARY. EITHER PARTY MAY
RECOMMEND REVIEW AT ANY TIME. THIS MEMORANDUM MAY BE TERMINATED BY
EITHER AGENCY BY WRITTEN NOTICE NINETY (90) DAYS PRIOR TO THE DESIRED
TERMINATION DATE.
7. THE REPRESENTATIVES OF HQ RTAF AND USMACTHAI HAVE INDICATED THEIR
CONCURRENCE WITH THIS MEMORANDUM BY THEIR SIGNATURES BELOW.
8. THIS MEMORANDUM SUPERSEDES PREVIOUS MEMORANDUM, DATED 12 MAY
1972.
SIGNED SIGNED
PAYOME YENSUDJAI THOMAS W. MELLEN
AIR VICE MARSHAL, RTAF MAJOR GENERAL, USA
DIRECTOR OF CIVIL AVIATION DEPUTY COMMANDER
(DISTRIBUTION TABLE OMITTED)
THAILAND 29 MAR 1973 FLITE DOCUMENT NO. 7502373
AGREEMENT
AGREEMENT BETWEEN ROYAL THAI AIR FORCE AND UNITED STATES AIR FORCE
FOR THE USE OF TOONG MUANG KOM (CHANDY) RTAF GUNNERY RANGE BY THE UNITED
STATES AIR FORCE
AGREEMENT BETWEEN ROYAL THAI AIR FORCE AND UNITED STATES AIR FORCE
FOR THE USE OF TOONG MUANG KOM (CHANDY) RTAF GUNNERY RANGE BY THE UNITED
STATES AIR FORCE
1. IT IS AGREED BETWEEN THE UNITED STATES AIR FORCE AND THE ROYAL
THAI AIR FORCE THAT THAILAND BASED USAF AIRCRAFT MAY USE THE TOONG MUANG
KOM RTAF GUNNERY RANGE (CHANDY) FOR THE PURPOSES OF AIR-GROUND GUNNERY
PRACTICE, EMERGENCY JETTISON OF ORDNANCE, AND DISPOSAL OF UNSERVICEABLE
ORDNANCE UNDER THE CONDITIONS STATED IN THE FOLLOWING PARAGRAPHS.
2. THE USAF WILL SUBMIT REQUESTS, AS REQUIRED, TO THE RTAF WING II
COMMANDER FOR USE OF CHANDY RANGE TO CONDUCT AIR-GROUND GUNNERY.
REQUESTS WILL BE HONORED AT THE DISCRETION OF THE RTAF WING I COMMANDER
PROVIDING RANGE TIME IS AVAILABLE AND RTAF TRAINING IS NOT DISRUPTED.
THE USAF WILL FOLLOW RTAF REGULATIONS AND OPERATING PROCEDURES GOVERNING
GUNNERY TRAINING ON THE RANGE. THE USAF WILL PROVIDE A USAF RANGE
SAFETY OFFICER WHENEVER USAF AIRCRAFT ARE UTILIZING CHANDY RANGE FOR
GUNNERY TRAINING.
3. USAF AIRCRAFT ENCOUNTERING AN EMERGENCY IN FLIGHT MAY UTILIZE
CHANDY RANGE FOR EMERGENCY JETTISON OF ORDNANCE AND/OR EXTERNAL FUEL
TANKS; PRESENCE OF A USAF RANGE SAFETY OFFICER IS NOT REQUIRED. RTAF
REGULATIONS AND PROCEDURES FOR EMERGENCY JETTISON WILL APPLY.
4. ANY DEVIATIONS TO RTAF REGULATIONS AND PROCEDURES BY USAF
AIRCRAFT UTILIZING CHANDY RANGE WHICH ARE REQUIRED AS A RESULT OF
DIFFERENCES IN TYPES OF AIRCRAFT OR ORDNANCE WILL BE AS AGREED UPON
BEFOREHAND, IN WRITING AS AN ATTACHMENT TO THIS AGREEMENT, BY THE DEPUTY
COMMANDER 7/13 AF AND THE RTAF WING II COMMANDER.
5. THE USAF WILL PROVIDE THE NECESSARY RADIOS TO INSURE AIR-GROUND
AND POINT-TO-POINT COMMUNICATIONS WHENEVER USAF AIRCRAFT ARE UTILIZING
THE RANGE.
6. THE USAF WILL PROVIDE USAF PERSONNEL THE VEHICLES NECESSARY FOR
USAF OPERATIONS AT CHANDY RANGE.
7. USAF EXPLOSIVE ORDNANCE DISPOSAL (EOD) PERSONNEL WILL CLEAR THE
TARGET AREA OF UNEXPLODED ORDNANCE AS SOON AS POSSIBLE AFTER A USAF
EMERGENCY JETTISON HAS BEEN ACCOMPLISHED. USAF PERSONNEL WILL COMPLY
WITH RTAF REGULATIONS AND PROCEDURES GOVERNING ORDNANCE DISPOSAL
OPERATIONS.
8. THE RTAF WILL PROVIDE SECURITY FOR USAF SUPPORT EQUIPMENT LOCATED
AT CHANDY RANGE.
9. ALL SUPPORT EQUIPMENT PROVIDED AND UTILIZED BY THE USAF FOR USAF
OPERATIONS AT CHANDY RANGE SHALL BE REMOVED BY THE USAF AT NO EXPENSE TO
THE RTAF WHEN USAF UNITS NO LONGER HAVE A REQUIREMENT FOR USE OF THE
RANGE.
10. THE USAF SHALL NOT BE LIABLE FOR PROPERTY DAMAGES OR PERSONNEL
INJURIES WHICH MAY OCCUR AS A RESULT OF ENTRY BY UNAUTHORIZED PERSONNEL
ONTO THE RANGE.
11. FOR THE PURPOSES OF THIS AGREEMENT, IT IS UNDERSTOOD THAT CHANDY
RANGE IS DEFINED AS THAILAN PROHIBITED AREA TH/P4 BOUNDED BY COORDINATES
150410N/1005500E, 150413N/1005730E, 145710N/1005405E, 145750N/1005405E.
12. THIS AGREEMENT BECOMES EFFECTIVE UPON THE APPROVAL OF ROYAL THAI
AIR FORCE HEADQUARTERS AND 7/13TH HEADQUARTERS (USAF) AND SHALL REMAIN
IN EFFECT UNTIL TERMINATED BY EITHER PARTY.
APPROVED BY RTAF HEADQUARTERS APPROVED BY 7/13TH AIR FORCE
SIGNED SIGNED
DATE: 22ND FEB 73 DATE: 29 MAR 1973
(JANYA SUKONTASAP) JAMES D. HUGHES
GROUP CAPTAIN MAJ GEN USAF
COMMANDER, WING II, RTAF
ATTACHMENT TO THE 1 NOVEMBER 1972 AGREEMENT BETWEEN ROYAL THAI AIR
FORCE AND UNITED STATES AIR FORCE FOR THE USE OF TOONG MUANG KOM
(CHANDY) RTAF GUNNERY RANGE BY THE UNITED STATES AIR FORCE
1. THIS ATTACHMENT IS SUBMITTED IN ACCORDANCE WITH PARAGRAPH 4 OF
THE BASIC AGREEMENT.
2. USAF AIRCRAFT MAY USE KOKE KATHIEM RTAFB FOR RANGE SUPPORT AND
EMERGENCY RECOVERY ACTIVITIES. USAF WILL COORDINATE NIGHT ACTIVITIES IN
ADVANCE WITH RTAF WING II TO PROVIDE TOWER AND RUNWAY LIGHTING SERVICE
FOR A PERIOD OF NOT MORE THAN 4 HOURS TOTAL DURATION AFTER 1800 L.
3. IT IS AGREED BETWEEN THE UNITED STATES AIR FORCE AND THE ROYAL
THAI AIR FORCE THAT USAF AC-13 GUNSHIPS MAY USE THE TOONG MUANG KOM RTAF
GUNNERY RANGE (CHANDY) FOR THE PURPOSE OF AIR-GROUND GUNNERY PRACTICE
AND EMERGENCY JETTISON OF ORDNANCE UNDER THE CONDITIONS STATED IN THE
BASIC AGREEMENT.
4. IN ADDITION TO DAYLIGHT HOURS, THE AC-130 GUNSHIP MAY USE CHANDY
RANGE DURING HOURS OF DARKNESS. USAF WILL SUBMIT REQUESTS, AS REQUIRED,
TO THE RTAF WING II COMMANDER FOR GUNSHIP USE OF CHANDY RANGE.
5. THE GUNSHIP MAY USE FLARES FOR TARGET ILLUMINATION AT CHANDY
RANGE. USAF WILL PRESET FLARES TO BURN OUT PRIOR TO GROUND IMPACT.
6. AC-130 STANDARD PROCEDURES AT CHANDY RANGE:
A. THE GUNSHIP WILL CONTACT THE USAF RANGE CONTROLLER PRIOR TO
ENTERING CHANDY RANGE AIRSPACE.
B. AFTER RECEIVING RANGE CONTROLLER CLEARANCE, THE GUNSHIP WILL BE
DIRECTED TO THE APPROPRIATE TARGET. THE GUNSHIP WILL IDENTIFY THE
TARGET BEFORE EXPENDING MARKING ROUNDS AND WILL MAINTAIN CONTACT WITH
THE TARGET THROUGHOUT THE FIRING PERIOD.
C. UPON OBTAINING USAF RANGE PERSONNEL CONFIRMATION THAT MARKING
ROUNDS ARE ON TARGET, THE GUNSHIP WILL CONTINUE TO FIRE DURING THE
REMAINDER OF THE SCHEDULED RANGE PERIOD.
D. THE GUNSHIP WILL CEASE FIRE AT ANY TIME POSITIVE RADIO CONTACT
WITH GROUND PERSONNEL IS LOST OR IF HUMANS OR ANIMALS ARE DETECTED ON
THE RANGE.
E. EACH SUBSEQUENT GUNSHIP WILL FOLLOW THE SAME PROCEDURES AND USAF
WILL INSURE THAT ONLY ONE AC-130 WILL BE ON THE RANGE DURING A SCHEDULED
PERIOD. POSITIVE AIR-TO-AIR COMMUNICATION BETWEEN GUNSHIPS WILL BE
REQUIRED TO ASSURE NO RANGE CONFLICTS.
7. GENERAL AC-130 GUNSHIP OPERATING CHARACTERISTICS:
A. THE GUNSHIP FLIES A LEFT-HAND ORBIT APPROXIMATELY 3 KILOMETERS IN
DIAMETER AROUND THE TARGET AT ALTITUDES OF 7,500 FEET TO 12,500 FEET
ABOVE THE GROUND. THE HIGH ALTITUDES PROVIDE AN IMPACT ANGLE FOR EACH
ROUND OF GREATER THAN 45 DEGREES WHICH INSURES LITTLE CHANCE OF GROSS
SHORT ROUNDS AND MINIMAL RICOCHET EFFECT.
B. ORDNANCE EFFECTS AND CRATERING:
105 MM 50 METER 1 METER DEEP,
C. THERE ARE THREE OFFICER SENSOR OPERATORS ABOARD THE GUNSHIP WHO
CONSTANTLY SCAN THE TARGET AREA, AND THERE ARE FIVE OFFICERS INVOLVED
PRIOR TO EXPENDING ORDNANCE. THESE FACTORS PROVIDE FOR ADDED SAFETY.
D. THERE ARE MULTIPLE RADIOS AND FREQUENCIES AVAILABLE FOR
COMMUNICATIONS.
8. USAF WILL PROVIDE COMPARABLE MATERIAL TO REPLACE ANY TARGETS
WHICH USAF AIRCRAFT DESTROY WHIL USING THE RANGE.
9. THIS ATTACHMENT TO THE BASIC AGREEMENT BECOMES EFFECTIVE UPON
APPROVAL OF ROYAL THAI AIR FORC HEADQUARTERS AND 13TH AIR FORCE ADVON,
FORMERLY 7/13TH AIR FORCE HEADQUARTERS, AND SHALL REMAIN IN EFFECT UNTIL
TERMINATED BY EITHER PARTY.
APPROVED BY RTAF WING II HQ APPROVED BY 13AF ADVON HQ
SIGNED SIGNED
GP CAPT, RTAF BRIG GEN USAF
DATE: AUG 17, 73 DATE: 17 AUGUST 1973
APPROVED BY DEPCOMUSMACTHAI
SIGNED
DATE: 27 AUG 73
THAILAND 1 JAN 1973 FLITE DOCUMENT NO. 7502372
MEMORANDUM OF UNDERSTANDING
JOINT OPERATION OF THE METEOROLOGICAL RAWINSONDE FACILITY AT THE
REGIONAL FORECAST CENTER FOR NORTHEAST THAILAND, METEOROLOGICAL
DEPARTMENT-UBON-THAILAND AND FOR JOINT OPERATIONS OF THE RADIOSONDE RUNS
AT CHIANG MAI, SONGKHLA AND BANGKOK
MEMORANDUM OF UNDERSTANDING BETWEEN THE METEOROLOGICAL DEPARTMENT -
MINISTRY OF COMMUNICATIONS BANGKOK, THAILAND AND 10TH WEATHER SQUADRON
(MAC), UNITED STATES AIR FORCE 1 JANUARY 1973
1. THIS MEMORANDUM OF UNDERSTANDING PROVIDES FOR THE JOINT OPERATION
OF THE METEOROLOGICAL RAWINSONDE FACILITY AT THE REGIONAL FORECAST
CENTER FOR NORTHEAST THAILAND, METEOROLOGICAL DEPARTMENT-UBON-THAILAND
AND FOR JOINT OPERATIONS OF THE RADIOSONDE RUNS AT CHIANG MAI, SONGKHLA
AN BANGKOK.
2. AT UBON, THE 10TH WEATHER SQUADRON WILL BE RESPONSIBLE FOR:
A. PROVIDING A FULLY OPERATIONAL RAWINSONDE SET (AN/GMD-1A).
B. ALL FLIGHT EXPENDABLES.
C. ALL ORGANIZATIONAL MAINTENANCE ON EQUIPMENT.
D. ARRANGING FOR ALL FIELD MAINTENANCE ON EQUIPMENT.
E. PROVIDING ONE NON-COMMISSIONED OFFICER WHO WILL PROVIDE
CONSULTATION AND LIAISON TO THE METEOROLOGICAL DEPARTMENT, UBON.
F. PROVIDING FOR MAINTENANCE OF THE EXISTING RAWINSONDE BUILDING AT
THE REGIONAL FORECAST CENTER FOR NORTHEAST THAILAND, METEOROLOGICAL
DEPARTMENT, UBON, THAILAND (CONCURRED IN BY SEPARATE LETTER BETWEEN USAF
BASE COMMANDER AND DETACHMENT 17, 10TH WEATHER SQUADRON, UBON RTAFB).
3. AT UBON, THE METEOROLOGICAL DEPARTMENT, THAILAND WILL BE
RESPONSIBLE FOR:
A. PROVIDING TWO (2) RADIOSONDE RUNS PER DAY AT 0000Z AND 1200Z AND
TWO (2) PIBAL RUNS PER DAY A 0600Z AND 1800Z.
B. OPERATION OF THE UPPER AIR SOUNDING EQUIPMENT IN ACCORDANCE WITH
APPLICABLE USAF/AIR WEATHER SERVICE DIRECTIVES AND TRANSMISSION OF THE
DATA CODED IN USAF FORMAT.
C. PROVIDING THE INFLATION SHELTER AND EXISTING RAWINSONDE BUILDING
OR A SUITABLE ALTERNATE BUILDING.
D. TAKING OF ALL SOUNDINGS UTILIZING CRITERIA AND PROCEDURES
ESTABLISHED BY USAF/AIR WEATHER SERVICE DIRECTIVES.
4. IMPROVEMENTS TO THE EXISTING BUILDING AND FACILITIES AT UBON WILL
BE BY MUTUAL AGREEMENT.
5. THE FOLLOWING RESPONSIBILITIES PROVIDE FOR THE JOINT OPERATION OF
THE RADIOSONDE RUNS AT CHIANG MAI, SONGKHLA, AND BANGKOK:
A. THE METEOROLOGICAL DEPARTMENT, MINISTRY OF COMMUNICATIONS,
THAILAND, WILL MAKE TWO RADIOSONDE RUNS DAILY, AT 0000Z AND 1200Z WITH
ITS PERSONNEL AND EQUIPMENT AND WILL FURNISH ALL SUPPLIES AND
EXPENDABLES FOR THE 0000Z RUN.
B. THE 10TH WEATHER SQUADRON WILL PARTICIPATE IN THE OPERATION TO THE
EXTENT OF FURNISHING THE FOLLOWING EXPENDABLE FLIGHT SUPPLIES FOR THE
1200Z FLIGHT: BALLOONS, BATTERIES, AND RADIOSONDE UNITS.
6. THIS MEMORANDUM OF UNDERSTANDING WILL BE REVIEWED BY THE ABOVE
AGENCIES ANNUALLY IN JANUARY O WHENEVER CHANGES IN PROCEDURES OR
CRITERIA NECESSITATE. THE AGREEMENT MAY BE TERMINATED BY EITHER AGENCY
BY WRITTEN NOTICE NINETY (90) DAYS PRIOR TO THE DESIRED TERMINATION
DATE.
7. THE REPRESENTATIVES OF THE METEOROLOGICAL DEPARTMENT, THAILAND,
AND 10TH WEATHER SQUADRON (MAC) USAF HAVE INDICATED THEIR CONCURRENCE
WITH THIS MEMORANDUM BY THEIR SIGNATURES BELOW.
8. THIS MEMO SUPERCEDES PREVIOUS MEMO DATED 1 JANUARY 1972 AND
LETTER OF UNDERSTANDING DATED 14 JANUARY 1970.
SIGNED SIGNED
PATRICK J. BREITLING, COLONEL, CHAROEN CHAROEN-RAJAPARK
USAF
COMMANDER, 10TH WEATHER SQUADRON CAPTAIN, R.T.N.
THAILAND 1 JAN 1973 FLITE DOCUMENT NO. 7502371
AGREEMENT
TAKHLI PMEL SUPPORT AGREEMENT
SUPPORT AGREEMENT EFFECT DATE TERM DATE AGREEMENT NO.
REIMBURSEMENT WILL BE PROVIDED IN ACCORDANCE WITH PACAFR 74-1.
MONTHLY PACAF FORM 294 WILL BE PROVIDED TO ACCOUNTING AND FINANCE,
6280TH CSG, TAKHLI. ACCOUNTING AND FINANCE WILL PROVIDE A COPY OF THE
BILLING STATEMENT TO USMACTHAI/JUSMAGTHAI (TAFAGCE).
A. THIS AGREEMENT IS ENTERED INTO FOR THE PRIMARY PURPOSE OF
PROVIDING CALIBRATION AND REPAIR SERVICE OF PRECISION MEASUREMENT
EQUIPMENT TO RTAF OWNED-JOINT USAF/RTAF OPERATED FACILITIES AT TAKHLI
RTAFB. PME TO BE CALIBRATED/REPAIRED WILL BE LIMITED TO THOSE ITEMS
OWNED AND USED BY RTAF ORGANIZATIONS AT TAKHLI RTAFB. PME TO BE
CALIBRATED/REPAIRED WILL ALSO BE LIMITED TO ITEMS LISTED ON THE PME
MASTER INVENTORY REPORT NO. 9 WHICH WILL BE PUBLISHED QUARTERLY BY
6280TH CSG. JOINT US PME WILL BE CALIBRATED/REPAIRED ON A
NON-REIMBURSABLE BASIS AND IS DEFINED AS RTAF OWNED PME ASSIGNED TO THE
FOLLOWING MAP PROVIDED RTAF FACILITIES:
(1) TACAN AN/GRN-9C
(2) TELEPHONE SYSTEM
(3) CONTROL TOWER
B. MONTHLY MANHOURS WHICH WILL BE SPENT IN PROVIDING THIS SUPPORT:
COMMISSIONED ENLISTED LOCAL NATIONALS
0 90 0
C. PERSONNEL TO BE PROVIDED BY THE RECEIVING ACTIVITY: NONE.
D. RESPONSIBILITIES:
(1) THE 6280TH CSG (USAF) TAKHLI RTAFB:
(A) WILL ACCEPT EQUIPMENT LISTED ON THE PME MASTER INVENTORY REPORT
NO. 9 OR ACCOMPANIED BY A LETTER OF CERTIFICATION. IT IS AGREED THAT
THE NUMBER OF ITEMS OF PME SUPPORTED EACH MONTH IS LIMITED TO TWENTY
(20).
(B) WILL FURNISH PME MONTHLY SCHEDULE AND PME MASTER INVENTORY TO THE
RTAF WORK CENTERS AS PROVIDED BY USAF DIRECTIVES.
(C) WILL NOTIFY THE RTAF WORK CENTER OF ANY ITEMS OF PME DIVERTED TO
AWAITING PARTS (AWP) STATUS
(D) WILL EFFECT AUTOMATIC DELETION OF ANY PME ITEM ON THE PME MASTER
INVENTORY REPORT NO. 9 NOT RECEIVED WITHIN 30 DAYS OF THE SCHEDULED
CALIBRATION DUE DATE AND PROVIDE WRITTEN NOTIFICATION TO THE RTAF WORK
CENTER.
(E) WILL RETURN ALL ITEMS OF PME BEYOND THE CAPABILITIES OF THE
TAKHLI PMEL, DETERMINED TO BE NO REPAIRABLE THIS STATION (NRTS) OR
CONDEMNED TO THE OWNING RTAF WORK CENTER FOR TURN IN THROUGH THE RTAF
SUPPLY SYSTEM.
(F) WILL COMPLY WITH PACAFR 74-1 FOR REPORTING SERVICES PERFORMED.
(2) THE DIRECTOR OF COMM-ELECT, AFAG, USMACTHAI/JUSMACTHAI (TAFAGCE):
(A) WILL SERVE AS LIASON BETWEEN THE 6280TH CSG (USAF) AND THE RTAF
IN ALL MATTERS OF POLICY PERTAINING TO THE PME CALIBRATION/REPAIR
SUPPORT PROGRAM.
(B) WILL INITIATE MAP PROGRAMMING ACTIONS FOR FUNDING AND FURNISH
INFORMATION REQUIRED BY PACAFR 74-1 TO THE 6280TH CSG.
E. THIS AGREEMENT MAY BE TERMINATED BY EITHER PARTY PRIOR TO THE
ESTABLISHED TERMINATION DATE UPON THIRTY (30) DAYS NOTICE TO THE OTHER
PARTY.
F. IN THE EVENT OF MOBILIZATION OR OTHER EMERGENCY, THIS AGREEMENT
WILL REMAIN IN EFFECT SUBJECT TO NORMAL CANCELLATION PROVISIONS NOTED IN
PRECEDING PARAGRAPH.
ATTACHMENT TO INTERSERVICE SUPPORT AGREEMENT NO. 5D FB5299-0001-3
IN CONSIDERATION FOR SUPPORT RENDERED TO THE RTAF AT TAKHLI, THE
DIRECTOR OF COMMUNICATIONS-ELECTRONICS, RTAF, AGREES TO INSURE
COMPLIANCE WITH THE FOLLOWING:
A. PICKUP POINTS WILL BE ESTABLISHED IN COORDINATION WITH THE TAKHLI
PMEL. AT EACH PICKUP POINT ONE RTAF OFFICER OR NCO WILL BE DESIGNATED
AS PME MONITOR. THE PME MONITORS WILL BE THE SINGLE POINT OF CONTACT
BETWEEN THE RTAF AND THE TAKHLI PMEL.
B. PRIOR TO IMPLEMENTATION OF THIS AGREEMENT, EACH RTAF PME MONITOR
WILL PROVIDE THE TAKHLI PMEL WITH A LETTER LISTING ALL PME OWNED BY RTAF
WORK CENTERS IN HIS AREA OF RESPONSIBILITY. THE LISTIN MUST INCLUDE THE
FOLLOWING INFORMATION:
PART NO NOMENCLATURE SERIAL NO DATE DUE CAL OWNING WRK CNTR
C. RTAF PME MONITORS WILL:
(1) REVIEW THE PME MASTER INVENTORY REPORT NO. 9 QUARTERLY AND RETURN
ONE COPY TO THE TAKHLI PME WITH NECESSARY CORRECTIONS, ADDITIONS AND/OR
DELETIONS.
(2) REVIEW THE MONTHLY CALIBRATION SCHEDULE AND RETURN ONE CORRECTED
COPY TO THE TAKHLI PMEL.
(3) INSURE DELIVERY OF PME TO THE TAKHLI PMEL IN ACCORDANCE WITH THE
MONTHLY SCHEDULE PROVIDED B THE TAKHLI PMEL.
(4) COORDINATE UNSCHEDULED INPUTS WITH THE TAKHLI PMEL PRIOR TO
DELIVERY.
(5) COMPLETE AFTO FORM 346 FOR EACH ITEM OF PME SUBMITTED TO THE
TAKHLI PMEL.
(6) ASSIST THE OWNING WORK CENTER IN PROCESSING THROUGH THE RTAF
SUPPLY SYSTEM TO DON MUANG THOS ITEMS OF PME WHICH ARE NRTS, CONDEMNED
OR BEYOND THE CAPABILITY OF THE TAKHLI PMEL.
AVM SERM SOOKSWADI
DIRECTOR OF COMM-ELECT
ROYAL THAI AIR FORCE
THAILAND 1 SEP 1972 FLITE DOCUMENT NO. 7502370
AGREEMENT
U-TAPAO PMEL SUPPORT AGREEMENT
REIMBURSEMENT WILL BE PROVIDED IN ACCORDANCE WITH PACAFR 74-1.
MONTHLY PACAF FORM WILL BE PROVIDED TO ACCOUNTING & FINANCE 635 COMBAT
SUPPORT GROUP. U-TAPAO ACCOUNTING AND FINANCE WILL PROVIDE A COPY OF
THE BILLING STATEMENT TO RECEIVING ACTIVITY.
A. THIS AGREEMENT IS ENTERED INTO FOR THE PURPOSE OF PROVIDING
CALIBRATION AND REPAIR SERVICE OF PRECISION MEASUREMENT EQUIPMENT (PME)
TO THE RTAF PMEL, DON MUANG RTAFB, THAILAND, AS OUTLINED IN PACAF REG
74-1. PME SUPPORT SHALL BE LIMITED TO THOSE ITEMS WHICH ARE BEYOND RTAF
CAPABILITIES TO REPAIR/CALIBRATE FOR REASONS OTHER THAN WORKLOAD
OVERFLOW. LACK OF TECHNICAL PUBLICATIONS SHALL NO BE SUFFICIENT CAUSE
FOR A UNIT TO BE INCLUDED ON THE MASTER INVENTORY. PME TO BE
CALIBRATED/REPAIRED WILL BE LIMITED TO ITEMS LISTED ON THE PME MASTER
INVENTORY REPORT NO. 9 WHICH WILL BE PUBLISHED QUARTERLY BY USAF PMEL AT
U-TAPAO. JOINT USE PME WILL BE CALIBRATED/REPAIRED ON NON-REIMBURSEABLE
BASIS AND WILL BE IDENTIFIED ON THE PME MASTER INVENTORY REPORT NO. 9.
B. MONTHLY MANHOURS WHICH WILL BE SPENT IN PROVIDING THIS SUPPORT.
COMMISSIONED ENLISTED LOCAL NATIONAL
C. PERSONNEL TO BE PROVIDED BY THE RECEIVING ACTIVITY: NONE.
D. RESPONSIBILITIES:
(1) THE 635 COMBAT SUPPORT GROUP (USAF), U-TAPAO AFLD:
(A) WILL ACCEPT EQUIPMENT DELIVERED FROM THE RTAF PMEL FOR
REPAIR/CALIBRATION LISTED ON THE PME MASTER INVENTORY REPORT NO. 9 OR
ACCOMPANIED BY LETTER OF CERTIFICATION. IT IS AGREED THAT THE NUMBER OF
PIECES OF PME SUPPORTED EACH MONTH IS LIMITED TO TWENTY (20)
(B) WILL PROCESS ALL ITEMS OF PME BEYOND U-TAPAO CAPABILITY TO THE
NEXT HIGHER ECHELON MAINTENANCE, AFTER COORDINATION WITH
USMACTHAI/JUSMAG (TAFAGCE).
(C) WILL FURNISH SCHEDULING INFORMATION TO THE RTAF PMEL AS PROVIDED
FOR BY USAF REGULATIONS.
(D) WILL FURNISH PME MASTER INVENTORY REPORT NO. 9 INFORMATION TO THE
RTAF AS PROVIDED BY USAF REGULATIONS.
(E) WILL NOTIFY THE RTAF PMEL OF ANY UNIT OF PME DIVERTED TO AWAITING
PARTS (AWP) STATUS.
(F) WILL EFFECT AUTOMATIC DELETION OF ANY PME ITEM ON THE PME MASTER
INVENTORY REPORT NO. 9 NOT RECEIVED WITHIN 30 DAYS OF THE SCHEDULED
CALIBRATION DUE DATE AND PROVIDE WRITTEN NOTIFICATION TO THE RTAF PMEL.
(G) WILL PROVIDE TECHNICAL ASSISTANCE WITHIN THE LIMITS OF THEIR
CAPABILITY WHEN REQUIRED BY THE RTAF THROUGH TAFAGCE USMACTHAI/JUSMAG.
TECHNICAL ASSISTANCE WILL BE LIMITED IN TYPE AND SCOPE TO TECHNICIAN
TRAINING OF RTAF PERSONNEL AT THE 635 CSG PMEL.
(H) WILL PROVIDE, WITHIN LIMITS OF CAPABILITY, IN PLACE CALIBRATION
WHEN REQUESTED BY THE RTAF THROUGH TAFAGCE, USMACTHAI/JUSMAG.
(I) WILL COMPLY WITH PACAFR 74-1 FOR REPORTING OF SERVICES PERFORMED.
(2) THE DIRECTOR OF COMM-ELECT, AFAG, USMACTHAI/JUSMAG (TAFAGCE):
(A) WILL SERVE AS LIAISON BETWEEN THE 635 COMBAT SUPPORT GROUP (USAF)
AND RTAF IN ALL MATTERS OF POLICY PERTAINING TO THE PME
CALIBRATION/REPAIR SUPPORT PROGRAM.
(B) WILL MONITOR ALL THE EQUIPMENT INPUT FROM THE RTAF PMEL TO THE
U-TAPAO PMEL TO IDENTIFY THOS AREAS WHERE GREATER SELF-SUFFICIENCY BY
THE RTAF IS REQUIRED.
(C) WILL INITIATE MAP PROGRAMMING ACTION FOR FUNDING AND FURNISH
INFORMATION REQUIRED BY PACAFR 74-1 TO 635 COMBAT SUPPORT GROUP (USAF).
(D) WILL PROCESS, UPON WRITTEN REQUEST FROM RTAF, ALL REQUIREMENTS
FOR USAF TECHNICAL ASSISTANCE AND IN-PLACE CALIBRATION.
(E) WILL CAUSE FUNDING CITATIONS TO BE ISSUED FOR TRAVEL AND PER DIEM
OF USAF PERSONNEL IN SUPPORT OF RTAF REQUIREMENTS FOR IN-PLACE
CALIBRATION/REPAIR SUPPORT. THIS PROVISION IS LIMITED BY AVAILABILITY
OF FUNDS AND PRIORITY OF THE REQUIREMENTS AS JUDGED BY THE AIR FORCE
ADVISORY GROUP, THAILAND.
E. THIS AGREEMENT MAY BE TERMINATED BY EITHER PARTY PRIOR TO THE
ESTABLISHED TERMINATION DATE UPON THIRTY (30) DAYS NOTICE TO THE OTHER
PARTY.
F. IN THE EVENT OF MOBILIZATION OR OTHER EMERGENCY, THIS AGREEMENT
WILL REMAIN IN FORCE SUBJECT TO NORMAL CANCELLATION PROVISIONS NOTED IN
PRECEDING PARAGRAPH.
ATTACHMENT TO INTERSERVICE SUPPORT AGREEMENT NO. 5D-FB5277-0015-1
RESPONSIBILITIES OF RTAF
IN CONSIDERATION FOR SUPPORT RENDERED TO THE RTAF PMEL AT DON MUANG
BY THE 635 CSG PMEL AT U-TAPAO, THE DIRECTOR OF COMMUNICATIONS AND
ELECTRONICS, RTAF AGREES TO INSURE COMPLIANCE WITH THE FOLLOWING:
A. WILL CAUSE ADDITIONS TO BE MADE TO THE PME MASTER INVENTORY REPORT
NO. 9 BY LETTER OF CERTIFICATION OF NEED FOR SUPPORT FROM THE DIRECTOR
OF COMM-ELECT FOR EACH ITEM.
B. WILL NOTIFY THE U-TAPAO PMEL, BY LETTER, OF PME MASTER INVENTORY
REPORT NO. 9 DELETIONS CAUSE BY THE ELIMINATION OF THE SUPPORT
REQUIREMENT.
C. WILL REVIEW THE PME MASTER INVENTORY REPORT NO. 9 QUARTERLY AND
SUBMIT TO THE U-TAPAO PMEL THROUGH THE DIRECTOR OF COMM-ELECT THE
CERTIFICATION OF NEED FOR CONTINUED SUPPORT BY THE U-TAPAO PMEL.
D. WILL ASSURE EACH ITEM OF PME DELIVERED TO THE U-TAPAO PMEL IS ON
THE PME MASTER INVENTORY REPORT NO. 9, PRIOR TO DELIVERY, OR ACCOMPANIED
BY LETTER OF CERTIFICATION.
E. WILL PROVIDE ALL TRANSPORTATION FOR RTAF POSSESSED PME TO AND FROM
THE U-TAPAO PMEL.
F. WILL REVIEW THE MONTHLY CALIBRATION SCHEDULE AND RETURN ONE
CORRECTED COPY TO THE USAF PMEL A U-TAPAO.
G. WILL DELIVER PME TO THE U-TAPAO PMEL IN ACCORDANCE WITH THE
CALIBRATION SCHEDULE TO BE PROVIDED BY THE U-TAPAO PMEL.
H. WILL COORDINATE UNSCHEDULED INPUTS WITH THE U-TAPAO PMEL PRIOR TO
DELIVERY.
I. WILL COMPLETE AFTO FORM 346 FOR EACH ITEM OF PME SUBMITTED FOR
SUPPORT.
SIGNED
AVM M.R. SERM SOOKSWASDI
DIRECTOR OF COMMUNICATIONS-ELECTRONICS
ROYAL THAI AIR FORCE
ATTACHMENT TO INTERSERVICE SUPPORT AGREEMENT NO. 5D-FB5277-0015-1
MANPOWER ANNEX
1. THIS IS TO CERTIFY THAT THE INTERSERVICE SUPPORT AGREEMENT
5D-FB5277-0015-1 BETWEEN THE 635 COMBAT SUPPORT GROUP AND
USMACTHAI/JUSMAG (TAFAGCE), HAS BEEN REVIEWED FOR MANPOWER IMPLICATIONS
IN ACCORDANCE WITH AFR 400-27.
2. NO ADDITIONAL MANPOWER AUTHORIZATIONS WILL BE AFFORDED TO 635 CSG
IN SUPPORT OF THIS AGREEMENT.
3. MANPOWER AUTHORIZATIONS FOR SUPPORT ARE NOT CODED FOR
IDENTIFICATION IN PACAF UNIT DETAIL LISTINGS.
SIGNED
BENJAMIN F. BOWMAN, SMSGT, USAF
CHIEF, MANPOWER & ORGANIZATION
FOR U-TAPAO, THAILAND
THAILAND 1 SEP 1972 FLITE DOCUMENT NO. 7502369
AGREEMENT
TO PROVIDE CALIBRATION AND REPAIR SERVICE OF PRECISION MEASUREMENT
EQUIPMENT TO RTAF OWNED-JOINT USAF/RTAF OPERATED FACILITIES AT KORAT
RTAFB
REIMBURSEMENT WILL BE PROVIDED IN ACCORDANCE WITH PACAFR 74-1.
MONTHLY PACAF FORM 294 WILL BE PROVIDED TO ACCOUNTING AND FINANCE, 388
TFW, KORAT. ACCOUNTING AND FINANCE WILL PROVIDE A COPY OF THE BILLING
STATEMENT TO USMACTHAI/JUSMAGTHAI (TAFAGCE).
THIS AGREEMENT IS ENTERED INTO FOR THE PRIMARY PURPOSE OF PROVIDING
CALIBRATION AND REPAIR SERVIC OF PRECISION MEASUREMENT EQUIPMENT TO RTAF
OWNED-JOINT USAF/RTAF OPERATED FACILITIES AT KORAT RTAFB
PME TO BE CALIBRATED/REPAIRED WILL BE LIMITED TO THOSE ITEMS OWNED
AND USED BY RTAF ORGANIZATIONS AT KORAT RTAFB. PME TO BE
CALIBRATED/REPAIRED WILL ALSO BE LIMITED TO ITEMS LISTED ON THE PME
MASTER INVENTORY REPORT NO. 9 WHICH WILL BE PUBLISHED QUARTERLY BY 388
TFW. JOINT USE PME WILL BE CALIBRATED/REPAIRED ON A NON-REIMBURSABLE
BASIS AND IS DEFINED AS RTAF OWNED PME ASSIGNED TO THE FOLLOWING MAP
PROVIDED RTAF FACILITIES.
(1) TACAN (AN/GRN-9B)
(2) CONTROL TOWER
B. MONTHLY MANHOURS WHICH WILL BE SPENT IN PROVIDING THIS SUPPORT:
COMMISSIONED ENLISTED LOCAL NATIONAL
C. PERSONNEL TO BE PROVIDED BY THE RECEIVING ACTIVITY: NONE.
D. RESPONSIBILITIES:
(1) THE 388 TFW (USAF) KORAT RTAFB:
(A) WILL ACCEPT EQUIPMENT LISTED ON THE PME MASTER INVENTORY REPORT
NO. 9 OR ACCOMPANIED BY A LETTER OF CERTIFICATION. IT IS AGREED THAT
THE NUMBER OF ITEMS OF PME SUPPORTED EACH MONTH IS LIMITED TO
TWENTY-FIVE (25).
(B) WILL FURNISH PME MONTHLY SCHEDULE AND PME MASTER INVENTORY TO THE
RTAF WORK CENTERS AS PROVIDED BY USAF DIRECTIVES.
(C) WILL NOTIFY THE RTAF WORK CENTER OF ANY ITEMS OF PME DIVERTED TO
AWAITING PARTS (AWP) STATUS
(D) WILL EFFECT AUTOMATIC DELETION OF ANY PME ITEM ON THE PME MASTER
INVENTORY REPORT NO. 9 NOT RECEIVED WITHIN 30 DAYS OF THE SCHEDULES
CALIBRATION DUE DATE AND PROVIDE WRITTEN NOTIFICATION TO THE RTAF WORK
CENTER.
(E) WILL RETURN ALL ITEMS OF PME BEYOND THE CAPABILITIES OF THE KORAT
PMEL, DETERMINED TO BE NOT REPAIRABLE THIS STATION (NRTS) OR CONDEMNED
TO THE OWNING RTAF WORK CENTER FOR TURN IN THROUGH THE RTAF SUPPLY
SYSTEM.
(F) WILL COMPLY WITH PACAFR 74-1 FOR REPORTING SERVICES PERFORMED.
(2) THE DIRECTOR OF COMM-ELECT, AFAG, USMACTHAI/JUSMAGTHAI (TAFAGCE):
(A) WILL SERVE AS LIAISON BETWEEN THE 388 TFW (USAF) AND THE RTAF IN
ALL MATTERS OF POLICY PERTAINING TO THE PME CALIBRATION/REPAIR SUPPORT
PROGRAM.
(B) WILL INITIATE MAP PROGRAMMING ACTIONS FOR FUNDING AND FURNISH
INFORMATION REQUIRED BY PACAFR 74-1 TO THE 388 TFW.
E. THIS AGREEMENT MAY BE TERMINATED BY EITHER PARTY PRIOR TO THE
ESTABLISHED TERMINATION DATE UPON THIRTY (30) DAYS NOTICE TO THE OTHER
PARTY.
F. IN THE EVENT OF MOBILIZATION OR OTHER EMERGENCY, THIS AGREEMENT
WILL REMAIN IN EFFECT SUBJECT TO NORMAL CANCELLATION PROVISIONS NOTED IN
PRECEDING PARAGRAPH.
IN CONSIDERATION FOR SUPPORT RENDERED TO THE RTAF AT KORAT, THE
DIRECTOR OF COMMUNICATIONS-ELECTRONICS, RTAF, AGREES TO INSURE
COMPLIANCE WITH THE FOLLOWING:
A. PICKUP POINTS WILL BE ESTABLISHED IN COORDINATION WITH THE KORAT
PMEL. AT EACH PICKUP POINT, ONE RTAF OFFICER OR NCO WILL BE DESIGNATED
AS PME MONITOR. THE PME MONITORS WILL BE THE SINGLE POINT OF CONTACT
BETWEEN THE RTAF AND THE KORAT PMEL.
B. PRIOR TO IMPLEMENTATION OF THIS AGREEMENT, EACH RTAF PME MONITOR
WILL PROVIDE THE KORAT PMEL WITH A LETTER LISTING ALL PME OWNED BY RTAF
WORK CENTERS IN HIS AREA OF RESPONSIBILITY. THE LISTIN MUST INCLUDE THE
FOLLOWING INFORMATION:
PART NO NOMENCLATURE SERIAL NO DATE DUE CAL OWNING WRK CNTR
C. RTAF PME MONITORS WILL:
(1) REVIEW THE PME MASTER INVENTORY REPORT NO. 9 QUARTERLY AND RETURN
ONE COPY TO THE KORAT PMEL WITH NECESSARY CORRECTIONS, ADDITIONS AND/OR
DELETIONS.
(2) REVIEW THE MONTHLY CALIBRATION SCHEDULE AND RETURN ONE CORRECTED
COPY TO THE KORAT PMEL.
(3) INSURE DELIVERY OF PME TO THE KORAT PMEL IN ACCORDANCE WITH THE
MONTHLY SCHEDULE PROVIDED BY THE KORAT PMEL.
(4) COORDINATE UNSCHEDULED INPUTS WITH THE KORAT PMEL PRIOR TO
DELIVERY.
(5) COMPLETE AFTO FORM 346 FOR EACH ITEM OF PME SUBMITTED TO THE
KORAT PMEL.
(6) ASSIST THE OWNING WORK CENTER IN PROCESSING THROUGH THE RTAF
SUPPLY SYSTEM TO DON MUANG THOS ITEMS OF PME WHICH ARE NRTS, CONDEMNED
OR BEYOND THE CAPABILITY OF THE KORAT PMEL.
SIGNED
AVM SERM SOOKSWADI
DIRECTOR OF COMM-ELECT
ROYAL THAI AIR FORCE
HOST: 388 TACTICAL FIGHTER WING
TENANT: USMACTHAI/JUSMAG (TAFAGCE)
A. THIS IS TO CERTIFY THAT THE INTER-SERVICE SUPPORT AGREEMENT
BETWEEN THE 388 TACTICAL FIGHTER WING AND THE ABOVE MENTIONED AGENCY HAS
BEEN REVIEWED FOR MANPOWER IMPLICATIONS.
B. ADDITIONAL WORKLOAD IS INSUFFICIENT TO WARRANT INCREASED MANPOWER
AUTHORIZATIONS.
C. THIS IS TO CERTIFY THAT THE 388 TACTICAL FIGHTER WING (HOST) AND
THE ABOVE MENTIONED AGENCY HAVE AGREED THAT NO ADDITIONAL MANPOWER
AUTHORIZATIONS ARE REQUIRED BY THE HOST TO PROVIDE ADEQUATE SUPPORT FOR
THE INCREASED WORKLOAD TO ANY GIVEN WORK CENTER.
D. WORKLOAD BEING ASSUMED BY THE HOST IS NOT PROVIDED FOR WITHIN THE
MANPOWER AUTHORIZATIONS OF THE RECEIVING AGENCY.
E. HOST UNIT IS NOT CURRENTLY AUTHORIZED ADDITIONAL MANPOWER
AUTHORIZATIONS IN SUPPORT OF WORKLOAD ASSOCIATED WITH THIS AGREEMENT.
SIGNED
RAYMOND W. OGDEN, SMSGT, USAF
CHIEF MANPOWER AND ORGANIZATION
FOR KORAT AB
THAILAND 1 SEP 1972 FLITE DOCUMENT NO. 7502368
AGREEMENT
PMEL SUPPORT FOR UDORN
SUPPORT AGREEMENT EFFECT DATE TERM DATE AGREEMENT NO.
REIMBURSEMENT WILL BE PROVIDED IN ACCORDANCE WITH PACAFR 74-1.
MONTHLY PACAF FORM 294 WILL BE PROVIDED TO ACCOUNTING AND FINANCE, 432
TRW, UDORN. ACCOUNTING AND FINANCE WILL PROVIDE A COPY OF THE BILLING
STATEMENT TO USMACTHAI/JUSMAGTHAI (TAFAGCE).
A. THIS AGREEMENT IS ENTERED INTO FOR THE PRIMARY PURPOSE OF
PROVIDING CALIBRATION AND REPAIR SERVICE OF PRECISION MEASUREMENT
EQUIPMENT TO RTAF OWNED-JOINT USAF/RTAF OPERATED FACILITIES AT UDORN
RTAFB. PME TO BE CALIBRATED/REPAIRED WILL BE LIMITED TO THOSE ITEMS
OWNED AND USED BY RTAF ORGANIZATIONS AT UDORN RTAFB. PME TO BE
CALIBRATED/REPAIRED WILL ALSO BE LIMITED TO ITEMS LISTED O THE PME
MASTER INVENTORY REPORT NO. 9 WHICH WILL BE PUBLISHED QUARTERLY BY 432
TRW. JOINT USE PME WILL BE CALIBRATED/REPAIRED ON A NON-REIMBURSABLE
BASIS AND IS DEFINED AS RTAF OWNED PME ASSIGNED T THE FOLLOWING MAP
PROVIDED RTAF FACILITIES:
(1) TACAN (AN/GRN-9B)
(2) AC&W RADAR SITE
(3) GROUND TO AIR TRANSMITTER/RECEIVER (GATR) SITE
(4) CONTROL TOWER
(5) VOR (WILCOX 485A)
B. MONTHLY MANHOURS WHICH WILL BE SPENT IN PROVIDING THIS SUPPORT:
COMMISSIONED ENLISTED LOCAL NATIONALS
C. PERSONNEL TO BE PROVIDED BY THE RECEIVING ACTIVITY: NONE
D. RESPONSIBILITIES:
(1) THE 432 TRW (USAF) UDORN RTAFB:
(A) WILL ACCEPT EQUIPMENT LISTED ON THE PME MASTER INVENTORY REPORT
NO. 9 OR ACCOMPANIED BY A LETTER OF CERTIFICATION. IT IS AGREED THAT
THE NUMBER OF ITEMS OF PME SUPPORTED EACH MONTH IS LIMITED TO TWENTY
(20).
(B) WILL FURNISH PME MONTHLY SCHEDULE AND PME MASTER INVENTORY TO THE
RTAF WORK CENTERS AS PROVIDED BY USAF DIRECTIVES.
(C) WILL NOTIFY THE RTAF WORK CENTER OF ANY ITEMS OF PME DIVERTED TO
AWAITING PARTS (AWP) STATUS
(D) WILL EFFECT AUTOMATIC DELETION OF ANY PME ITEM ON THE PME MASTER
INVENTORY REPORT NO. 9 NOT RECEIVED WITHIN 30 DAYS OF THE SCHEDULED
CALIBRATION DUE DATE AND PROVIDE WRITTEN NOTIFICATION TO THE RTAF WORK
CENTER.
(E) WILL RETURN ALL ITEMS OF PME BEYOND THE CAPABILITIES OF THE UDORN
PMEL, DETERMINED TO BE NOT REPAIRABLE THIS STATION (NRTS) OR CONDEMNED
TO THE OWNING RTAF WORK CENTER FOR TURN IN THROUGH THE RTAF SUPPLY
SYSTEM.
(F) WILL COMPLY WITH PACAFR 74-1 FOR REPORTING SERVICES PERFORMED.
(2) THE DIRECTOR OF COMM-ELECT, AFAG, USMACTHAI/JUSMAGTHAI (TAFAGCE):
(A) WILL SERVE AS LIAISON BETWEEN THE 432 TRW (USAF) AND THE RTAF IN
ALL MATTERS OF POLICY PERTAINING TO THE PME CALIBRATION/REPAIR SUPPORT
PROGRAM.
(B) WILL INITIATE MAP PROGRAMMING ACTIONS FOR FUNDING AND FURNISH
INFORMATION REQUIRED BY PACAFR 74-1 TO THE 432 TRW.
E. THIS AGREEMENT MAY BE TERMINATED BY EITHER PARTY PRIOR TO THE
ESTABLISHED TERMINATION DATE UPON THIRTY (30) DAYS NOTICE TO THE OTHER
PARTY.
F. IN THE EVENT OF MOBILIZATION OR OTHER EMERGENCY, THIS AGREEMENT
WILL REMAIN IN EFFECT SUBJECT TO NORMAL CANCELLATION PROVISIONS NOTED IN
PRECEDING PARAGRAPH.
ATTACHMENT TO INTERSERVICE SUPPORT AGREEMENT NO. 5D-FB5210-0013-3
IN CONSIDERATION FOR SUPPORT RENDERED TO THE RTAF AT UDORN, THE
DIRECTOR OF COMMUNICATIONS-ELECTRONICS, RTAF, AGREES TO INSURE
COMPLIANCE WITH THE FOLLOWING:
A. PICKUP POINTS WILL BE ESTABLISHED IN COORDINATION WITH THE UDORN
PMEL. AT EACH PICKUP POINT, ONE RTAF OFFICER OR NCO WILL BE DESIGNATED
AS PME MONITOR. THE PME MONITORS WILL BE THE SINGLE POINT OF CONTACT
BETWEEN THE RTAF AND THE UDORN PMEL.
B. PRIOR TO IMPLEMENTATION OF THIS AGREEMENT, EACH RTAF PME MONITOR
WILL PROVIDE THE UDORN PMEL WITH A LETTER LISTING ALL PME OWNED BY RTAF
WORK CENTERS IN HIS AREA OF RESPONSIBILITY. THE LISTIN MUST INCLUDE THE
FOLLOWING INFORMATION:
PART NO NOMENCLATURE SERIAL NO DATE DUE CAL OWNING WRK CNTR
C. RTAF PME MONITORS WILL:
(1) REVIEW THE PME MASTER INVENTORY REPORT NO. 9 QUARTERLY AND RETURN
ONE COPY TO THE UDORN PMEL WITH NECESSARY CORRECTIONS, ADDITIONS AND/OR
DELETIONS.
(2) REVIEW THE MONTHLY CALIBRATION SCHEDULE AND RETURN ONE CORRECTED
COPY TO THE UDORN PMEL.
(3) INSURE DELIVERY OF PME TO THE UDORN PMEL IN ACCORDANCE WITH THE
MONTHLY SCHEDULE PROVIDED BY THE UDORN PMEL.
(4) COORDINATE UNSCHEDULED INPUTS WITH THE UDORN PMEL PRIOR TO
DELIVERY.
(5) COMPLETE AFTO FORM 346 FOR EACH ITEM OF PME SUBMITTED TO THE
UDORN PMEL.
(6) ASSIST THE OWNING WORK CENTER IN PROCESSING THROUGH THE RTAF
SUPPLY SYSTEM TO DON MUANG THOS ITEMS OF PME WHICH ARE NRTS, CONDEMNED
OR BEYOND THE CAPABILITY OF THE UDORN PMEL.
SIGNED
AVM SERM SOOKSWADI
DIRECTOR OF COMM-ELECT
ROYAL THAI AIR FORCE
CHINA, REPUBLIC OF 1 JUL 1973 FLITE DOCUMENT NO. 7502367
AGREEMENT
JOINT AGREEMENT FOR USAF AUGMENTATION OF TAIPEI AREA CONTROL CENTER
AT TAIPEI TAIWAN
THE CHINESE CIVIL AERONAUTICS ADMINISTRATION AND THE UNITED STATES
AIR FORCE JOINT AGREEMENT FOR USAF AUGMENTATION OF TAIPEI AREA CONTROL
CENTER AT TAIPEI TAIWAN
CONSIDERING: UNITED STATES/DEPARTMENT OF DEFENSE AIR OPERATIONS
ORIGINATING AND TRANSITING THE TAIPEI FLIGHT INFORMATION REGION AND ITS
RESULTANT IMPACT ON THE OPERATION OF THE TAIPEI AREA CONTROL CENTER.
THAT THE VOLUME OF SUCH OPERATIONS IS DECREASING AND CAPABILITY OF
TAIPEI AREA CONTROL CENTER IS INCREASING.
DESIRING: TO CONTINUE TO MINIMIZE THIS IMPACT SO LONG AS SUCH NEED
EXISTS, THEREBY INSURING AIR TRAFFIC CONTROL SERVICE AND SAFETY OF
FLIGHT TO UNITED STATES DEPARTMENT OF DEFENSE AIR OPERATIONS.
THEREBY: ENHANCING THE CAPABILITY OF THE TAIPEI AREA CONTROL CENTER
TO ABSORB UNITED STATES/DEPARTMENT OF DEFENSE AIR OPERATIONS.
THEREFORE: EFFECTIVE 1 JULY 1973, THE CHINESE CIVIL AERONAUTICS
ADMINISTRATION AND THE UNITED STATES AIR FORCE, PURSUANT TO THE STATUS
OF FORCES AGREEMENT BETWEEN THE GOVERNMENTS OF THE REPUBLI OF CHINA AND
THE UNITED STATES OF AMERICA, THAT CONTROLS AND LIMITS THE
INTERPRETATION OF THE PROVISIONS CONTAINED HEREIN, AS WELL AS THE
INTERPRETATION OF ANY SUBSIDIARY AGREEMENTS CONDUCTED HEREUNDER AND WITH
SPECIFIC AUTHORITY DERIVED FROM PARAGRAPH 5, ARTICLE III OF THE STATUS
OF FORCES AGREEMENT, AGREE AS FOLLOWS:
ARTICLE 1 FOR THE PURPOSE OF THIS AGREEMENT, THE FOLLOWING
ABBREVIATIONS/TERMS SHALL BE USED:
ARTICLE 2 THE CHINESE CIVIL AERONAUTICS ADMINISTRATION AND THE UNITED
STATES AIR FORCE JOINT AGREEMENT ON USAF AUGMENTATION OF TAIPEI AREA
CONTROL CENTER AT TAIPEI TAIWAN, DATED 1 OCTOBER 1972 IS HEREBY
RESCINDED.
ARTICLE 3 THE RESPONSIBILITY FOR THE CONTROL OF AIR TRAFFIC WITHIN
THE TAIPEI FLIGHT INFORMATION REGION (FIR) RESTS WITH THE CHINESE CIVIL
AERONAUTICS ADMINISTRATION (CCAA). THE TACC IS THE AGENC CHARGED WITH
RESPONSIBILITY FOR ALL AIR TRAFFIC CONTROL SERVICE WITHIN THE TAIPEI
FIR.
ARTICLE 4 THE USAF AGREES TO AUTHORIZE 5 USAF AUGMENTEES TO TACC FOR
THE PURPOSE OF ASSISTING TACC IN PROVIDING AIR TRAFFIC SERVICES, AS
SPECIFIED IN ARTICLE 7, UNTIL SUCH TIME AS DEEMED UNNECESSARY BY THE
CCAA AND USAF. ANY OTHER TASKS OR DUTIES SHALL REQUIRE PRIOR WRITTEN
APPROVAL. SUCH TASKS OR DUTIES AS MAY BE REQUESTED BY CCAA AND AGREED
TO BY THE USAF SHALL BE PERFORMED WITHI THE CAPABILITY OF ASSIGNED
PERSONNEL WITH NO DEGRADATION TO THE PRIMARY AUGMENTATION PURPOSE.
ARTICLE 5 THE USAF AGREES TO TRAIN ALL AUGMENTEES IN ACCORDANCE WITH
USAF AND PERTINENT CCAA DIRECTIVES AND REQUIREMENTS.
ARTICLE 6 USAF AUGMENTEES SHALL BE RESPONSIBLE FOR THE DUTIES
SPECIFIED IN ARTICLE 7 UNDER THE SUPERVISION AND GUIDANCE OF THE TACC
CHIEF CONTROLLER AND THE WATCH SUPERVISOR ON DUTY.
ARTICLE 7 THE CCAA AND USAF AGREE TO THE FOLLOWING:
A. THAT ONE (1) AUGMENTEE WILL BE ON DUTY TWENTY FOUR (24) HOURS PER
DAY.
B. THE AUGMENTEE'S DUTIES SHALL BE TO ASSIST THE TACC CHIEF
CONTROLLER AND WATCH SUPERVISOR IN TECHNICAL COORDINATION REQUIREMENTS
WITH USAF/DOD UNITS AS FOLLOWS:
(1) REPORTING OUTAGES AND COORDINATING RESTORAL ACTION ON
COMMUNICATIONS EQUIPMENT/CIRCUITS REFERRED TO IN ARTICLE 9 AND 12.
(2) SEMARF ALTITUDE RESERVATION REQUESTS.
(3) TACTICAL ROUTING FOR FIGHTER/INTERCEPTOR OPERATIONS.
(4) RESOLVING DIPLOMATIC CLEARANCE (MOTHER HUBBARD FLIGHT PLAN)
DIFFICULTIES ENCOUNTERED BY USAF/DOD AIRCRAFT.
(5) SPECIAL USAF/DOD MISSIONS.
(6) ALERT NOTIFICATION AND COMMUNICATIONS SEARCH OF OVERDUE/MISSING
USAF/DOD AIRCRAFT.
(7) ASSISTANCE TO USAF/DOD AIRCRAFT EXPERIENCING EMERGENCIES, LOW
FUEL STATE OR LANGUAGE DIFFICULTIES.
(8) OBTAINING ALTERNATE MEANS OF COMMUNICATION (AUTOVON ACCESS) WITH
ADJACENT CENTERS DURING PERIODS OF TEMPORARY OUTAGES TO PRIMARY
CIRCUITS.
(9) ACTIONS AFFECTING USAF CONTROLLED AIRSPACE WITHIN THE TAIPEI FIR
SUCH AS GUN FIRING EXERCISE OR OTHER SIMILAR ACTIONS REQUIRING SPECIAL
COORDINATION, CONTROL OR DISSEMINATION OF INFORMATION.
ARTICLE 8 THE CCAA AND USAF AGREE TO REVIEW THE AUGMENTEE MANPOWER
REQUIREMENT EACH SIX (6) MONTHS BEGINNING IN OCTOBER 1973. WHEN
USAF/DOD AND CCAA EXIGENCIES, BASED ON DECREASES IN U.S. AI OPERATIONS
AND CCAA REQUIREMENT FOR SUPPORT, INDICATE THAT REDUCTIONS IN THE NUMBER
OF AUGMENTEES I FEASIBLE, SUCH REDUCTIONS SHALL BE MADE. THE DATE OF
SUCH REDUCTIONS SHALL BE AS MUTUALLY AGREED UPON BY CCAA AND USAF.
ARTICLE 9 THE USAF AGREES TO INSTALL AND MAINTAIN CERTAIN RCAG SITES
TO PROVIDE MAXIMUM AIR/GROUND RADIO COVERAGE FOR THE TACC IN SUPPORT OF
USAF/DOD TRAFFIC AS FOLLOWS:
A. TAINAN RCAG - UHF/VHF TRANSMIT/RECEIVE WITH BACKUP CAPABILITY AND
ONE (1) REMOTE KEYING CIRCUIT.
B. TAIPEI AIR STATION RCAG - TWO (2) KWM2A SINGLE SIDE BAND
TRANSMIT/RECEIVE HIGH FREQUENCY (HF) RADIO SETS WITH ANTENNA AND ONE (1)
REMOTE KEYING CIRCUIT.
ARTICLE 10 THE CCAA AGREES TO ASSIGN FREQUENCIES AND OPERATE RCAG
SITES FURNISHED BY THE USAF AS FOLLOWS:
A. TAINAN RCAG - TWENTY-FOUR (24) HOURS DAILY; UHF 234.8 VHF 128.1;
THE CCAA AGREES TO PROVIDE ONE (1) REMOTE KEYING CIRCUIT, THEREBY
ESTABLISHING AN ALTERNATE KEYING CAPABILITY TO THE RCAG.
B. TAIPEI AIR STATION RCAG - TWENTY-FOUR (24) HOURS DAILY; 61673 MHZ
AND 10.081 MHZ.
ARTICLE 11 THE CCAA AND USAF AGREE TO REVIEW THE REQUIREMENT FOR
CONTINUED OPERATION OF THE RCAG SITES LISTED IN ARTICLE 9 ABOVE EACH SIX
(6) MONTHS BEGINNING IN OCTOBER 1973. WHEN USAF/DOD EXIGENCIES DICTATE,
OR THE CCAA COMPLETES INSTALLATION OF HOST NATION FACILITIES TO PROVIDE
ADEQUAT RADIO COVERAGE, OR USAF/DOD AIR TRAFFIC WITHIN THE TAIPEI FIR
DECREASES TO THE POINT THAT EITHER OR BOTH RCAG SITES ARE NO LONGER
DEEMED ESSENTIAL BY THE USAF FOR SAFETY OF FLIGHT, ALL EQUIPMENT
REFERRED TO IN ARTICLE 9 SHALL BE DISPOSED OF IN ACCORDANCE WITH USAF
PRIORITIES. ADVANCE NOTIFICATION OF NINETY (90) DAYS SHALL BE GIVEN TO
THE CCAA PRIOR TO DECOMMISSIONING ACTION.
ARTICLE 12 THE USAF AGREES TO INSTALL AND MAINTAIN IN OPERATIONAL
STATUS, COMMENSURATE WITH PRIORITIES ASSIGNED FOR RESTORAL ACTION, THE
FOLLOWING CIRCUITS/EQUIPMENT IN SUPPORT OF USAF/DOD AIRCRAFT MOVEMENTS
(THESE ARE CONSIDERED SEPARATE FROM NORMAL INCOUNTRY ATC REQUIREMENTS).
A. TELETYPE CIRCUIT SBF-1 (UNSECURED), WITH EQUIPMENT, FROM TACC TO
MANILA ACC.
B. VOICE CIRCUIT KM-82 FROM TACC TO MANILA ACC.
C. VOICE CIRCUIT S-201 FROM TACC TO KADENA CERAP.
D. VOICE CIRCUIT SFE-5 FROM TACC TO SAIGON ACC.
E. ONE (1) KWM2A SINGLE SIDE BAND TRANSMIT/RECEIVE HIGH FREQUENCY
(HF) RADIO SET WITH TWO (2) ANTENNAS (ONE 7 MHZ AND ONE 10 MHZ) AS
BACKUP TO THE TAIPEI AIR STATION RCAG SITE. EQUIPMENT WILL BE LOCATED
AT TACC.
ARTICLE 13 THE CCAA AGREES TO OPERATE ALL CIRCUITS REFERRED TO IN
ARTICLE 12 ON A 24 HOUR BASIS AND TO ASSIST THE USAF IN EFFECTING
RESTORAL ACTIONS.
ARTICLE 14 THE USAF AGREES TO ASSIGN ONE (1) RADIO MAINTENANCE
TECHNICIAN TO THE TACC WHEN REQUESTED BY THE CCAA, AND USAF RESOURCES
PERMIT, TO COORDINATE AND ASSIST THE MAINTENANCE AND RESTORAL EFFORT TO
ALL USAF EQUIPMENT/CIRCUIT OUTAGES.
ARTICLE 15 THE USAF AND CCAA AGREE TO REVIEW THE REQUIREMENT FOR
CONTINUED OPERATION OF CIRCUIT/EQUIPMENT OUTLINED IN ARTICLE 12 AND
RADIO MAINTENANCE ASSISTANCE REFERRED TO IN ARTICLE 14 EACH SIX (6)
MONTHS BEGINNING OCTOBER 1973. WHEN USAF/DOD MILITARY EXIGENCIES
DICTATE OR CCAA COMPLETES INSTALLATION OF HOST NATION CAPABILITY OR
USAF/DOD TRAFFIC WITHIN THE TAIPEI FIR DECREASE TO THE POINT THAT THE
CIRCUIT/EQUIPMENT, INDIVIDUALLY OR COLLECTIVELY, ARE NO LONGER DEEMED
ESSENTIAL BY THE USAF FOR SAFETY OF FLIGHT; REDUCED SUPPORT OF THE
AFFECTED CIRCUITS/EQUIPMENT MAY BE IMPLEMENTED. ADVANCE NOTIFICATION OF
NINETY (90) DAYS SHALL BE GIVEN TO THE CCAA PRIOR TO ANY REDUCTION.
ARTICLE 16 REVISIONS TO THIS AGREEMENT WILL REQUIRE CONCURRENCE OF
BOTH PARTIES.
SIGNED SIGNED
MAO, Y. T. DONALD H. ROSS
DIRECTOR, GENERAL MAJOR GENERAL, USAF
CHINESE CIVIL AERONAUTICS COMMANDER, 327TH AIR DIVISION
ADMINISTRATION
SIGNED SIGNED
YANG HOW-MING FULTON C. PETWAY
DIRECTOR, AIR NAVIGATION AND COLONEL, USAF
WEATHER SERVICES COMMANDER, 2165TH COMMUNICATIONS
CHINESE CIVIL AERONAUTICS GROUP
ADMINISTRATION
(DISTRIBUTION TABLE OMITTED)
CHINA, REPUBLIC OF 11 JUN 1973 FLITE DOCUMENT NO. 7502366
MEMORANDUM OF UNDERSTANDING
JOINT COMMITTEE FOR STATUS OF FORCES AGREEMENT
THIS IS CONSIDERED AN OFFICIAL DOCUMENT PERTAINING TO BOTH THE
GOVERNMENT OF THE UNITED STATES AN THE REPUBLIC OF CHINA AND WILL NOT BE
RELEASED WITHOUT MUTUAL AGREEMENT.
JOINT COMMITTEE FOR STATUS OF FORCES AGREEMENT REPUBLIC OF CHINA -
UNITED STATES
MEMORANDUM OF UNDERSTANDING REF: MU.11.VI.73
THE REPRESENTATIVES OF THE REPUBLIC OF CHINA AND OF THE UNITED STATES
HEREIN REGISTER THEIR UNDERSTANDING, IMPLEMENTING PARAGRAPH 7 OF THE
AGREED MINUTE RE PARAGRAPH 3(C), ARTICLE XIV, SOFA-CHINA,
WHEN THE GOVERNMENT OF THE REPUBLIC OF CHINA HAS THE RIGHT TO RECALL
ITS WAIVER OF JURISDICTION OVER ANY OFFENSE ARISING FROM AN ACT
COMMITTED BY A MEMBER OF THE UNITED STATES ARMED FORCES, WHICH ACT ALSO
RESULTS IN THE COMMISSION OF ANOTHER OFFENSE OVER WHICH THE UNITED
STATES HAS THE PRIMARY RIGHT TO EXERCISE JURISDICTION:
THE GOVERNMENT WITH JURISDICTION OVER THE MORE SERIOUS OFFENSE SHALL
HAVE THE INITIAL RIGHT TO BEGIN JUDICIAL PROCEEDINGS, AND THE GOVERNMENT
WITH JURISDICTION OVER THE LESS SERIOUS OFFENSE SHAL WITHHOLD ITS
JUDICIAL PROCEEDINGS UNTIL CONCLUSION OF JUDICIAL PROCEEDINGS BY THE
OTHER GOVERNMENT.
SIGNED SIGNED
EDWARD Y. KUAN BGEN W. C. BURROWS, USAF
REPUBLIC OF CHINA UNITED STATES
REPRESENTATIVE REPRESENTATIVE
CHINA, REPUBLIC OF 21 MAY 1973 FLITE DOCUMENT NO. 7502365
OPERATIONS LETTER
IFR DEPARTURE/ARRIVAL PROCEDURES
OPERATIONS LETTER BETWEEN CHING CHUAN KANG APPROACH CONTROL (USAF),
CHING CHUAN KANG CONTROL TOWE (CAF) AND CHING CHUAN KANG BASE OPERATIONS
(USAF/CAF)
CCK APPROACH CONTROL LETTER NO. 11
CCK CONTROL TOWER LETTER NO. 14
USAF BASE OPERATIONS LETTER NO. 8
CAF BASE OPERATIONS LETTER NO. _______
SUBJECT: IFR DEPARTURE/ARRIVAL PROCEDURES
EFFECTIVE: 21 MAY 73
THIS LETTER SUPERSEDES CCK RAPCON LETTER NO. 11, CCK CONTROL TOWER
LETTER NO. 14, USAF BASE OPERATIONS LETTER NO. 8, CAF BASE OPERATIONS
LETTER (UN-NUMBERED), SUBJECT: "IFR PROCEDURES", DATE 20 MAR 72.
1. CAF/USAF BASE OPERATIONS SHALL PROVIDE CCK CONTROL TOWER FLIGHT
PLAN INFORMATION ON ALL ARRIVALS/DEPARTURES FOR CCK AIR BASE. THIS
SHALL INCLUDE THE FOLLOWING:
A. IDENTIFICATION
B. TYPE AIRCRAFT
C. ESTIMATED TIME OF DEPARTURE/ARRIVAL
D. DESTINATION
E. ESTIMATED TIME ENROUTE (LOCAL OR ROUND-ROBIN ONLY)
F. SID REQUEST
2. CCK CONTROL TOWER SHALL:
A. OBTAIN IFR CLEARANCE FROM TAIPEI CENTER AND RELAY-VERBATIM TO THE
PILOT.
B. RELAY TO APPROACH CONTROL THE FOLLOWING INFORMATION.
(1) IDENTIFICATION
(2) TYPE AIRCRAFT
(3) DESTINATION/CLEARANCE LIMIT
(4) FIRST REPORTING POINT
(5) ASSIGNED ALTITUDE
(6) SID OR CLIMB INSTRUCTIONS
C. OBTAIN CLEARANCE FROM CCK APPROACH CONTROL ON ALL DEPARTURES
REQUESTING SPECIAL VFR AND RELAY VERBATIM TO THE PILOT.
D. OBTAIN RELEASE FROM CCK DEPARTURE CONTROL PRIOR TO RELEASING IFR
OR SPECIAL VFR AIRCRAFT.
E. INSTRUCT ALL AIRBORNE AIRCRAFT THAT REQUEST SIMULATED INSTRUMENT
APPROACHES OR SPECIAL VFR CLEARANCE TO CONTACT CCK APPROACH CONTROL.
F. ADVISE APPROACH CONTROL IF THE DIRECTION OF TAKEOFF WILL BE OTHER
THAN THE RUNWAY IN USE.
G. ADVISE APPROACH CONTROL OF IFR AIRCRAFT THAT ABORT TAKEOFF OF
ENCOUNTER UNUSUAL DELAY AFTER CLEARANCE COORDINATION.
H. PROVIDE APPROACH CONTROL ALL IFR DEPARTURE, LANDING
ASSURED/ARRIVAL OR MISSED APPROACH TIMES.
I. RELAY DEPARTURE/ARRIVAL TIMES TO CAF/USAF BASE OPERATIONS AS
APPROPRIATE.
3. CCK APPROACH CONTROL SHALL:
A. ISSUE TO THE CONTROL TOWER, CLIMB INSTRUCTIONS AND RELEASE ON ALL
IFR OR SPECIAL VFR DEPARTURES.
B. INFORM THE CONTROL TOWER OF ANY DEPARTURE DELAYS EXPECTED TO
EXCEED 5 MINUTES.
C. RETAIN CONTROL OF ALL INSTRUMENT APPROACHES (PRACTICE OR ACTUAL)
OBTAIN APPROPRIATE CLEARANCE FROM THE CONTROL TOWER, I.E., FULL STOP,
APPROACH (ILLEGIBLE)
D. RELAY DEPARTURE TIMES TO TACC.
E. PROVIDE THE CONTROL TOWER THE FOLLOWING INFORMATION ON ALL INBOUND
IFR AIRCRAFT:
(1) IDENTIFICATION
(2) TYPE
(3) ETA
4. GENERAL PROCEDURES
A. CCK APPROACH CONTROL WILL ISSUE IFR RELEASES TO THE CONTROL TOWER
WITHOUT REGARD TO IFR AIRCRAFT ON FINAL APPROACH TO THE AIRPORT.
B. THE CONTROL TOWER SHALL, AFTER OBTAINING AN IFR RELEASE FOR A
DEPARTING AIRCRAFT, PROVIDE VISUAL SEPARATION BETWEEN THE DEPARTING
AIRCRAFT AND ANY IFR AIRCRAFT ON FINAL APPROACH TO THE AIRPORT ONCE THEY
HAVE THE FINAL APPROACH AIRCRAFT IN SIGHT. IAW PARA 1110.B(1) TERMINAL
AIR TRAFFIC CONTROL HANDBOOK 7110.8C.
C. CONVENTIONAL/TURBOPROP AIRCRAFT SHALL NOT BE CLEARED FOR TAKEOFF
AFTER AN ARRIVING JET AIRCRAFT HAS REACHED A POINT SIX MILES ON FINAL
FOR A LOW APPROACH OR TOUCH AND GO LANDING.
SIGNED SIGNED
CHU, YU-SHUH, LT COL, CAF CHANG, J. W., LT COL, CAF
COMMANDER, 3RD ATC/COMM SQ BASE OPERATIONS OFFICER
CHING CHUAN KANG AB, TAIWAN (ROC) CHING CHUAN KANG AB, TAIWAN (ROC)
SIGNED SIGNED
MARVIN R. BREAUX, LT COL, USAF DEMPSEY B. CLINARD, LT COL, USAF
COMMANDER, 2129 COMM SQ BASE OPERATIONS OFFICER
CHING CHUAN KANG AB, TAIWAN (ROC) CHING CHUAN KANG AB, TAIWAN (ROC)
CHINA, REPUBLIC OF 10 MAY 1973 FLITE DOCUMENT NO. 7502364
LETTER OF AGREEMENT
ESTABLISHES RESPONSIBILITIES AND PROCEDURES FOR INITIATING NOTAMS
WHEN NAVIGATIONAL AID EQUIPMENT FAILS AT TAINAN AIR BASE TAIWAN,
REPUBLIC OF CHINA
LETTER OF AGREEMENT BETWEEN 1ST ATC/COMM SQ (CAF), 2128TH COMM SQ
(AFCS), AND CHING-CHUAN KANG BASE OPERATIONS.
TAINAN CONTROL TOWER LETTER NO. 2
TAINAN GCA LETTER NO. _______
CHING-CHUAN KANG BASE OPERATIONS LETTER NO. _______
SUBJECT: INITIATING ATC NOTAMS AT TAINAN AIR BASE
EFFECTIVE: MAY 10 1973
(CANCELS TAINAN AIR BASE LETTER OF AGREEMENT NO. 2 DATED 1 MAY 72 AND
TAINAN TOWER USAF, OPERATIONS LETTER #16, DATED 30 NOV 71).
1. PURPOSE: THIS LETTER ESTABLISHES RESPONSIBILITIES AND PROCEDURES
FOR INITIATING NOTAMS WHEN NAVIGATIONAL AID EQUIPMENT FAILS AT TAINAN
AIR BASE TAIWAN, REPUBLIC OF CHINA.
2. RESPONSIBILITIES:
A. THE CAF TOWER CROW CHIEF/SENIOR CONTROLLER IS RESPONSIBLE FOR
INITIATING NOTAM ACTION ON ALL NAV-AIDS (OTHER THAN GCA) AT TAINAN AIR
BASE.
B. THE CAF GCA CREW CHIEF/SENIOR CONTROLLER IS RESPONSIBLE FOR
INITIATING NOTAM ACTION ON ALL GC EQUIPMENT WHEN REQUIRED.
C. THE USAF TOWER AUGMENTEE IS RESPONSIBLE FOR CONTACTING CHING-CHUAN
KANG BASE OPERATIONS (CCK EXTENSION 3420/3350) AND REQUESTING NOTAM
ACTION BE INITIATED FOR ALL TAINAN NAVIGATIONAL
AIDS/FACILITIES/FREQUENCIES THROUGH USAF CHANNELS FOR DEPARTMENT OF
DEFENSE AIRCRAFT.
D. CHING-CHUAN KANG BASE OPERATIONS IS RESPONSIBLE FOR:
(1) PROVIDING TAINAN TOWER THE NOTAM NUMBER FOR EACH NOTAM REQUESTED.
(2) MAINTAINING A NOTAM FILE FOR ALL NOTAMS REQUESTED BY TAINAN
TOWER.
(3) DISSEMINATION OF REQUESTED NOTAMS INTO THE USAF NOTAM SYSTEM.
3. PROCEDURES:
A. WHEN NOTAM ACTION IS REQUIRED, THE CAF CROW CHIEF/SENIOR
CONTROLLER SHALL:
(1) FORWARD A REQUEST FOR NOTAM TO CAF BASE OPERATIONS FOR
DISSEMINATION.
(2) INFORM THE TOWER/GCA CREW CHIEF/SENIOR CONTROLLER OF EQUIPMENT
STATUS.
(3) INFORM THE USAF AUGMENTEE OF EQUIPMENT STATUS AND APPROPRIATE CAF
NOTAM TIMES.
B. WHEN NOTAM ACTION IS REQUIRED (INCLUDING GCA EQUIPMENT), THE USAF
TOWER AUGMENTEE SHALL:
(1) FORWARD A REQUEST FOR USAF NOTAM ACTION THROUGH CCK BASE
OPERATIONS.
(2) FORWARD NOTAM INFORMATION TO 2128TH COMM SQ NCMO.
4. WHEN RADAR/COMMUNICATIONS QUALITY DOES NOT MEET ACCEPTABLE
(ILLEGIBLE) STANDARDS, THE USAF GC AUGMENTEE SHALL COORDINATE WITH THE
CAF GCA CREW CHIEF/SENIOR CONTROLLER FOR NOTAM ACTION. IF AN AGREEMENT
FOR NOTAM ACTION CANNOT BE REACHED, THE USAF FLIGHT FACILITIES NCOIC
SHALL BE NOTIFIED, AND AFTER COORDINATING WITH CAF FLIGHT FACILITIES, HE
SHALL TAKE THE NECESSARY ACTION (NOTAM IF APPROPRIATE) FOR DOD AIRCRAFT
AND PERSONNEL.
SIGNED SIGNED
VERNON E. RICHARDSON, LT COL., J. T. DAY, LT COL., CAF
USAF COMMANDER, 1ST ATC/COMM SQ
CHIEF OF OPERATIONS AND TRAINING
SIGNED
LESLIE G. H. TRIPP, JR., CAPT, USAF
COMMANDER, 2128TH COMM SQ
DISTRIBUTION TABLE OMITTED
CHINA, REPUBLIC OF 23 APR 1973 FLITE DOCUMENT NO. 7502363
OPERATIONS LETTER
EXTERNAL STORES JETTISON AREA
OPERATIONS LETTER BETWEEN TAINAN AIR FORCE BASE (CAF/USAF) AND FLIGHT
FACILITIES (CAF/USAF)
TAINAN TOWER (CAF) OPERATIONS LETTER NO. _______
TAINAN TOWER (USAF) OPERATIONS LETTER NO. 7
TAINAN GCA (CAF) OPERATIONS LETTER NO. _______
TAINAN GCA (USAF) OPERATIONS LETTER NO. 7
SUBJECT: EXTERNAL STORES JETTISON AREA
EFFECTIVE: APR 23 1973
1. THE DESIGNATED JETTISON AREA FOR TAINAN AB IS THAT AREA WITHIN A
5 NM RADIUS OF THE 15DME FIX ON THE TWS TACAN 270R. VERTICAL LIMITS ARE
THE SURFACE TO 4000 FEET MEAN SEA LEVEL (MSL).
A. INITIAL POINT (IP). THE IP IS ANY POINT ALONG THE BOUNDARY OF THE
DESIGNATED AREA.
B. DROP POINT. THE DROP POINT IS LOCATED AT ANY POINT ALONG A COURSE
DIRECTLY TO THE CENTER OF THE JETTISON AREA, BETWEEN THE IP AND THE
CENTER OF THE AREA.
2. PILOTS DESIRING TO USE THE JETTISON AREA WILL CONTACT TAINAN
APPROACH CONTROL TO RECEIVE CLEARANCE INTO THE AREA AND WILL BE PROVIDED
THE FOLLOWING:
A. A BRIEF DESCRIPTION OF THE DROP AREA AS SPECIFIED IN PARAGRAPH 1
ABOVE, AND INSTRUCTIONS ON HOW TO REACH THE DROP AREA.
B. IF RADAR SERVICE IS AVAILABLE, THE PILOT WILL BE VECTORED TO THE
JETTISON AREA BY THE MOST DIRECT ROUTE AND ADVISED WHEN ENTERING AND
DEPARTING THE DROP AREA.
3. THE CONTROLLER SHALL NOT BE RESPONSIBLE FOR INSURING THE IMPACT
AREA IS CLEAR OF SURFACE VESSELS PRIOR TO JETTISON OR FOR DETERMINING
WHEN TO RELEASE THE EXTERNAL STORES.
SIGNED SIGNED
JUNG-CHUN CHI, MAJ GEN, CAF E. H. ALBERS, JR. COLONEL, USAF
COMMANDER, TAINAN AIR BASE COMMANDER, 6214TH AIR BASE GROUP
SIGNED SIGNED
J. T. DAY, LT COL, CAF LESLIE G. H. (ILLEGIBLE), CAPT, USAF
COMMANDER, 1ST ATC/COMM SQ COMMANDER, 2126TH COMM SQ
(DISTRIBUTION TABLE OMITTED)
CHINA, REPUBLIC OF 10 APR 1973 FLITE DOCUMENT NO. 7502362
OPERATIONS LETTER
OPERATIONS LETTER BETWEEN CAF AND USAF AIR TRAFFIC CONTROL AGENCIES,
TAINAN AIR BASE, TAIWAN
OPERATIONS LETTER BETWEEN CAF AND USAF AIR TRAFFIC CONTROL AGENCIES,
TAINAN AIR BASE, TAIWAN
TAINAN TOWER (CAF) OPERATION LETTER NO. _______
TAINAN TOWER (USAF) OPERATIONS LETTER NO. 13
TAINAN GCA (CAF) OPERATIONS LETTER NO. ________
TAINAN GCA (USAF) OPERATIONS LETTER NO. 13
SUBJECT: TOWER/GCA 302A SYSTEM COORDINATION PROCEDURES
EFFECTIVE: APR 10 1973 (CANCELS TAINAN TOWER (USAF ) OPERATIONS
LETTER NO. 17, DATED 1 JANUARY 1972)
1. THE FOLLOWING PROCEDURES SUPPLEMENT THE TOWER/RADAR COORDINATION
PROCEDURES CONTAINED IN AFM 60-5.
2. SYSTEM LIGHTS (302A):
A. THE WHITE LIGHT SHALL BE ACTIVATED WHEN AN ARRIVING AIRCRAFT IS 20
FLYING MILES FROM TOUCHDOWN/END OF RUNWAY, AND VOICE COORDINATION VIA
THE PTT CIRCUIT IS REQUIRED, GIVING THE AIRCRAF IDENTIFICATION. IF
CONTACT IS ESTABLISHED LESS THAN 20 MILES, DISTANCE WILL ALSO BE GIVEN.
B. THE AMBER LIGHT SHALL BE ACTIVATED WHEN AIRCRAFT ARE TEN (10)
MILES FROM TOUCHDOWN/END OF RUNWAY, AND VOICE COORDINATION VIA THE PTT
CIRCUIT IS REQUIRED, REPEATING THE AIRCRAFT IDENTIFICATION, (TYPE
AIRCRAFT AND TYPE LANDING REQUESTED).
C. THE GREEN LIGHT SHALL BE ACTIVATED WHEN AIRCRAFT REACH SIX (6)
MILES FROM TOUCHDOWN/END OF RUNWAY, AND GCA SHALL SIMULTANEOUSLY DEPRESS
THE PTT CIRCUIT AND STATE THE AIRCRAFT'S RANGE ON FINA APPROACH. THE
TOWER SHALL GIVE VERBAL LANDING CLEARANCE, WIND DIRECTION AND VELOCITY,
USING THE PT CIRCUIT SIMULTANEOUSLY WITH STEADYING THE GREEN LIGHT.
D. WHEN MULTIPLE APPROACHES ARE IN PROGRESS, ACTIVATION OF THE RED
LIGHT SHALL BE FOR THE FIRST AIRCRAFT ON FINAL APPROACH ONLY. BREAKOUTS
FOR THE SECOND AIRCRAFT SHALL BE ACCOMPLISHED BY VOICE COORDINATION ON
THE PTT CIRCUIT.
3. GO AROUND PROCEDURES: UNLESS SPECIFIC BREAKOUT INSTRUCTIONS ARE
RECEIVED FROM THE TOWER WHEN ACTIVATING THE RED LIGHT, OR IF LANDING
CLEARANCE HAS NOT BEEN RECEIVED WHEN AIRCRAFT HAS REACHED THREE (3)
MILES, GCA SHALL ISSUE THE FOLLOWING GO-AROUND INSTRUCTIONS:
A. RUNWAY 36:
"CLIMB AND MAINTAIN 1500 FLY RUNWAY HEADING UNTIL PASSING AIRPORT,
THEN TURN LEFT HEADING 270."
B. RUNWAY 18:
"CLIMB AND MAINTAIN 1500 FLY RUNWAY HEADING UNTIL PASSING AIRPORT,
THEN TURN RIGHT HEADING 270."
SIGNED SIGNED
LESLIE G. H. TRIPP, (ILLEGIBLE), J. T. DAY, LT COL, CAF
CAPTAIN, USAF COMMANDER, 1ST ATC/COMM SQ
COMMANDER, 2128 COMM SQ
CHINA, REPUBLIC OF 8 MAR 1973 FLITE DOCUMENT NO. 7502361
AGREEMENT
PRE-FLIGHT SECURITY CHECKS ON U.S. MILITARY PERSONS UNDER SOFA WHEN
THEY TRAVEL ON COMMERCIAL AIRCRAFT
BGEN. W.C. BURROWS
U. S. REPRESENTATIVE
JOINT COMMITTEE, STATUS OF FORCES AGREEMENT
DEAR BGEN. BURROWS:
IN VIEW OF THE FREQUENT SKYJACKING IN RECENT YEARS, THE CHINESE
AUTHORITIES CONCERNED HAVE BEEN TAKING EVERY PRECAUTION TO PREVENT ITS
OCCURRENCE.
SECURITY CHECK ON PASSENGERS AND THEIR HAND BAGGAGES BEFORE BOARDING
HAS LONG BEEN ADOPTED AS NECESSARY PREVENTIVE MEASURES BY AIRPORT
AUTHORITIES IN TAIWAN AND HAS PROVEN TO BE OF GREAT HELP. THEY WISH
THEREFORE THAT THE U.S. MILITARY AUTHORITIES MAY SEE FIT TO ACCEDE TO
THE APPLICATION OF SUCH SECURITY CHECK ON U.S. MILITARY PERSONNEL UNDER
SOFA WHEN TRAVELLING ON COMMERCIAL PLANES EITHER IN UNIFORM OR IN
CIVILIAN CLOTHES, PRIOR TO THEIR BOARDING BOTH IN THE INTERNATIONAL AND
DOMESTIC FLIGHTS FOR THE SAKE OF GENERAL SAFETY.
IT IS SUGGESTED THAT THE FOREGOING MEASURES BE PUT TO EFFECT UPON
RECEIPT OF YOUR FAVORABLE REPLY
IT IS FURTHER SUGGESTED THAT THIS LETTER TOGETHER WITH YOUR LETTER IN
CONCURRENCE BE ENTERED INTO THE RECORD OF THE NEXT MEETING OF THE JOINT
COMMITTEE.
WITH PERSONAL REGARDS,
COPY TO: U.S. EMBASSY, TAIPEI
MR. EDWARD Y. KUAN
REPUBLIC OF CHINA REPRESENTATIVE
JOINT COMMITTEE FOR
STATUS OF FORCES AGREEMENT
MINISTRY OF FOREIGN AFFAIRS
TAIPEI, TAIWAN, REPUBLIC OF CHINA
DEAR AMBASSADOR KUAN:
YOUR LETTER OF 8 MARCH 1973 PROPOSES THAT FOR THE SAKE OF GENERAL
SAFETY, U.S. MILITARY AUTHORITIES ACCEDE TO THE APPLICATION OF
PRE-FLIGHT SECURITY CHECKS ON U.S. MILITARY PERSONS UNDER SOFA WHEN THEY
TRAVEL ON COMMERCIAL AIRCRAFT IN EITHER DOMESTIC OR INTERNATIONAL
FLIGHTS AND WHETHE THE U.S. MILITARY PERSONS ARE IN UNIFORM OR IN
CIVILIAN DRESS.
AS YOU RECOGNIZE, PARAGRAPH 6 OF ARTICLE VIII OF SOFA PRECLUDES
CUSTOMS EXAMINATIONS IN CERTAIN INSTANCES, WHILE PARAGRAPH 1 OF ARTICLE
XVII PRECLUDES SEARCHES, SEIZURES, AND OTHER INSPECTIONS IN RESPECT TO
U.S. GOVERNMENT PROPERTY. HOWEVER, SINCE YOUR PROPOSAL CONCERNS
SECURITY, NOT CUSTOMS, AND PERSONS AND PERSONAL PROPERTY, NOT U.S.
GOVERNMENT PROPERTY, I AM PLEASED TO CONCUR IN YOUR REQUEST THAT U.S.
MILITARY PERSONS UNDER THE SOFA BE SUBJECT TO THE PRE-FLIGHT SECURITY
CHECKS AND CONSIDER SUCH AGREEMENT AS DIRECT IMPLEMENTATION OF PARAGRAPH
6, ARTICLE III OF SOFA AND PARAGRAPH OF THE AGREED MINUTES TO THAT
ARTICLE. IT IS MY UNDERSTANDING THAT SUCH AGREEMENT IN NO WAY RELATE TO
THE EXEMPTIONS FROM CUSTOMS EXAMINATIONS INHERENT IN ARTICLE VIII, OR
THE EXEMPTION FROM SEARCHES, SEIZURES, OR OTHER INSPECTIONS OF U.S.
GOVERNMENT PROPERTY DERIVING FROM PARAGRAPH 1, ARTICLE XVII, OR THE
OPPORTUNITY FOR U.S. AUTHORITIES TO BE PRESENT IN THE EVENT OF SEARCHES,
SEIZURES, OR INSPECTIONS AS SPECIFIED IN PARAGRAPH 3(A), ARTICLE XVII,
SOFA.
IN ADDITION, I CONCUR WITH YOUR PROPOSAL THAT YOUR LETTER OF 8 MARCH
1973 AND THIS LETTER BE ENTERED INTO THE RECORD OF THE NEXT MEETING OF
THE JOINT COMMITTEE.
WITH MY BEST WISHES, I AM,
SINCERELY,
SIGNED
W. C. BURROWS
BRIGADIER GENERAL, U.S. AIR FORCE
UNITED STATES REPRESENTATIVE
JOINT COMMITTEE FOR
STATUS OF FORCES AGREEMENT
CHINA, REPUBLIC OF 1 MAR 1973 FLITE DOCUMENT NO. 7502360
OPERATIONS LETTER
USAF AUGMENTEE CONTROLLER PERIODS OF OPERATION
OPERATIONS LETTER BETWEEN CAF AND USAF AIR TRAFFIC CONTROL AGENCIES
TAINAN TOWER (CAF) OPERATIONS LETTER NO. ______
TAINAN TOWER (USAF) OPERATIONS LETTER NO. 5
TAINAN GCA (CAF) OPERATIONS LETTER NO. _______
TAINAN GCA (USAF) OPERATIONS LETTER NO. 5
SUBJECT: USAF AUGMENTEE CONTROLLER PERIODS OF OPERATION
EFFECTIVE DATE: 1 MARCH 1973
(CANCELS TAINAN TOWER (USAF) OPERATIONS LETTER NO. 5, DATED 1 JULY
1972)
1. SO AS TO COINCIDE WITH THE CAF DESIGNATED DUTY HOURS, USAF
CONTROL TOWER/GCA AUGMENTEES SHALL BE AT THEIR ASSIGNED FACILITIES,
MONDAY THROUGH FRIDAY, FROM 0800L UNTIL 1700L. OTHER TIMES USAF
AUGMENTEES ARE AUTHORIZED TO GO ON 30 MINUTE RE-CALL STATUS, BUT ONLY
AFTER IT HAS BEEN DETERMINED THERE ARE NO DEPARTMENT OF DEFENSE (DOD)
AIRCRAFT OPERATIONS PENDING.
2. WHILE ON RE-CALL STATUS, USAF AUGMENTEES SHALL REMAIN WITHIN THE
CONFINES OF TAINAN AIR BASE. USAF AUGMENTEES SHALL ADVISE THE CAF CREW
CHIEF/SENIOR CONTROLLER OF THEIR INTENDED DESTINATION AND NOTIFY THE
USAF SWITCHBOARD OPERATOR OF A SPECIFIED TELEPHONE NUMBER WHERE THEY CAN
BE CONTACTED. USAF TOWER/GCA AUGMENTEES SHALL KEEP EACH OTHER ADVISED
OF THEIR WHEREABOUTS.
3. THE CAF TOWER CREW CHIEF/SENIOR CONTROLLER SHALL RE-CALL THE USAF
TOWER AUGMENTEES VIA THE USAF SWITCHBOARD OPERATOR (113), IMMEDIATELY
UPON RECEIPT OF A DOD PROPOSED INBOUND/OUTBOUND AIRCRAFT.
4. THE USAF TOWER AUGMENTEE SHALL RE-CALL THE USAF GCA AUGMENTEE FOR
ALL PROPOSED DOD AIRCRAFT OPERATIONS WHEN THE LOCAL WEATHER CONDITIONS
ARE BELOW BASIC VFR MINIMUMS; AND/OR WHENEVER THE DOD PILOT HAS
REQUESTED A GCA APPROACH, REGARDLESS OF WHETHER OR NOT THE PILOT
REQUESTED AN AMERICAN CONTROLLER.
SIGNED SIGNED
JUNG-CHUN CHI, MAJ GEN, CAF EDGAR H. ALBERS, JR., COLONEL, USAF
COMMANDER, TAINAN AIR BASE COMMANDER, 6214TH AIR BASE GROUP
SIGNED SIGNED
J. T. DAY, LT COL, CAF LESLIE G. H. TRIPP JR., CAPT, USAF
COMMANDER, 1ST ATC/COMM SQ COMMANDER, 2128TH COMM SQ.
(DISTRIBUTION TABLE OMITTED)
CHINA, REPUBLIC OF 15 FEB 1973 FLITE DOCUMENT NO. 7502359
OPERATIONS LETTER
AIRCRAFT ARRESTING SYSTEMS INSPECTION AND MAINTENANCE
OPERATIONS LETTER BETWEEN TAINAN BASE
TAINAN TOWER (USAF), DET 1, 405TH TAC
GROUP (CIVIL ENGINEER).
TAINAN BASE OPERATIONS LETTER NO._______
TAINAN TOWER (CAF) OPERATIONS LETTER NO._______
TAINAN TOWER (USAF) OPERATIONS LETTER NO._______
DET 1, 405TH TAC FTR WG OPERATIONS LETTER NO._______
6214TH AIR BASE GROUP (CE) OPERATIONS LETTER NO. 85-11
SUBJECT: AIRCRAFT ARRESTING SYSTEMS INSPECTION AND MAINTENANCE
EFFECTIVE: FEB 15, 1973
(CANCELS TAINAN TOWER (USAF), OPERATIONS LETTER #9, 21 JUN 71).
1. THE PROCEDURES OUTLINED HEREIN APPLY TO THE INSPECTION, STATUS
REPORTING AND MAINTENANCE OF THE AIRCRAFT ARRESTING SYSTEM PERFORMED BY
THE BARRIER MAINTENANCE TEAM.
2. BARRIER MAINTENANCE SHALL BE RESPONSIBLE FOR THE FOLLOWING:
A. CHECKING THE AIRCRAFT ARRESTING SYSTEM DAILY BETWEEN THE HOURS OF
0630 - 0830, AND AFTER EACH RUNWAY CHANGE.
B. NOTIFYING THE CONTROL TOWER AND 405TH COMMAND POST, INFORMING THEM
OF BARRIER STATUS PRIOR TO 0900 HOURS DAILY. THE BASE OPERATIONS
OFFICER (CAF) WILL BE NOTIFIED WHEN BARRIER IS INOPERATIVE S APPROPRIATE
NOTAM ACTION CAN BE TAKEN.
C. OBTAINING CLEARANCE FROM THE CONTROL TOWER VIA THE NON-TAC RADIO
PRIOR TO ENTERING THAT AREA BETWEEN THE RUNWAY DISTANCE MARKERS AND
RUNWAY, CROSSING THE RUNWAY OR ENTERING THE OVERRUN AREA.
D. UTILIZING ONE ENGLISH SPEAKING CREW MEMBER TO MONITOR THE NON-TAC
RADIO AT ALL TIMES DURING THE INSPECTION TOUR, FOR IMMEDIATE COMPLIANCE
WITH INSTRUCTIONS ISSUED BY THE CONTROL TOWER.
C. COORDINATING AND OBTAINING APPROVAL FROM THE BASE OPERATIONS
OFFICER (CAF) IN ADVANCE OF PERFORMING ANY SCHEDULED/UNSCHEDULED
MAINTENANCE OF THE BARRIERS. (MONTHLY MAINTENANCE WILL BE PERFORMED ON
A SCHEDULED BASIS ON SUNDAYS.
F. WHEN OPERATING ON THE RUNWAY AREA AS SPECIFIED IN PARA 2C ABOVE,
DISPLAYING BEACON/PARKING FLASHERS/HEADLIGHTS.
3. THE BASE OPERATIONS OFFICER (CAF) SHALL:
A. KEEP TOWER INFORMED OF ANY RESTRICTIONS IMPOSED ON AIRCRAFT
OPERATIONS DURING MAINTENANCE PERIODS, OR AS A RESULT OF MAINTENANCE
PERFORMED.
B. INSURE THAT NOTAM ACTION IS TAKEN TO INFORM PILOTS WHEN BARRIERS
ARE INOPERATIVE AS REPORTED BY BARRIER MAINTENANCE/CONTROL TOWER.
4. THE CONTROL TOWER SHALL BE RESPONSIBLE FOR:
A. MAINTAINING A LISTENING WATCH ON THE NON-TAC RADIO NET TO INSURE
RECEIPT OF RADIO CALLS.
B. NOTIFYING ALL AIRCRAFT UTILIZING TAINAN AIR BASE OF BARRIER STATUS
DURING MAINTENANCE PERIODS
C. NOTIFYING BARRIER MAINTENANCE OF IMPENDING RUNWAY CHANGE TO INSURE
THEY ARE READILY AVAILABLE TO PLACE BARRIERS IN OPERATION.
(SIGNATURES OMITTED)
(DISTRIBUTION TABLE OMITTED)
CHINA, REPUBLIC OF 15 FEB 1973 FLITE DOCUMENT NO. 7502358
OPERATIONS LETTER
AIRFIELD AND RUNWAY CHECKS
OPERATIONS LETTER BETWEEN TAINAN TOWER (CAF)/USAF) AND 6214TH AIR
BASE GROUP TRANSIENT ALERT.
TAINAN TOWER (CAF) OPERATIONS LETTER NO.__________
TAINAN TOWER (USAF) OPERATIONS LETTER NO.__________
TRANSIENT ALERT OPERATIONS LETTER NO.__________
SUBJECT: AIRFIELD AND RUNWAY CHECKS.
EFFECTIVE: FEB 15 1973
1. DUE TO THE ABSENCE OF A USAF BASE OPERATIONS AT THIS STATION,
TRANSIENT ALERT SHALL PERFORM AIRFIELD AND RUNWAY CHECKS FOR THE
PREVENTION OF DAMAGE TO DOD AIRCRAFT OPERATING TO AND FROM TAINA AB,
TAIWAN.
2. SPECIFICALLY, USAF TRANSIENT ALERT SHALL BE RESPONSIBLE FOR:
A. PERFORMING CHECKS AT LEAST ONCE DAILY AND PRIOR TO
ARRIVAL/DEPARTURE OF C-5, C-141 AND KC135 AIRCRAFT.
B. PERFORMING AN ADDITIONAL CHECK IMMEDIATELY AFTER LANDING AND
DEPARTURE OF C-5 AIRCRAFT TO DETERMINE IF THE AIRCRAFT MOVEMENT CAUSED
ANY PAVEMENT DAMAGE.
C. MAINTAINING A RECORD OF SURVEY, FINDINGS AND ACTION TAKEN WITH
RESPECT TO FOD, OBJECTS OF POTENTIAL HAZARD ADJACENT TO RUNWAY, TAXIWAY
AND OR WITHIN WING SPAN COVERAGE IN VICINITY OF PARKIN AREA.
D. OBTAINING TOWER CLEARANCE PRIOR TO ENTRY ONTO THE RUNWAY,
MAINTAINING RADIO CONTACT THROUGHOU THE CHECK AND REPORTING TO TOWER
WHEN CLEARING THE RUNWAY.
E. CONDUCTING RUNWAY CHECK ONLY BY TRAVELING IN A DIRECTION OPPOSITE
OF TAKEOFF/LANDING DIRECTION.
F. DISPLAYING BEACON/PARKING FLASHERS/HEADLIGHTS WHILE OPERATING ON
THE RUNWAY.
G. REPORTING ANY HAZARDOUS CONDITIONS REQUIRING IMMEDIATE CORRECTIVE
ACTION TO THE USAF TOWER CONTROLLER.
3. THE TOWER CONTROLLER SHALL FORWARD ALL DISCREPANCIES REPORTED BY
TRANSIENT ALERT TO THE CAF BASE OPERATIONS FOR THEIR CORRECTIVE ACTION.
4. THE RUNWAY WILL BE CLOSED TO DOD AIRCRAFT UNTIL THE HAZARDOUS
CONDITION ON OR ADJACENT TO RUNWAY HAS BEEN CORRECTED.
SIGNED SIGNED
J. T. DAY, LT COL, CAF (ILLEGIBLE)
COMMANDER, 1ST ATC/COMM SQ. CHIEF OF LOGISTICS, 6214 APG
SIGNED
LESLIE G. H. TRIPP, JR., CAPT, USAF
COMMANDER 2128TH COMM SQ.
(DISTRIBUTION TABLE OMITTED)
CHINA, REPUBLIC OF 29 DEC 1972 FLITE DOCUMENT NO. 7502357
AGREEMENT
TERMS AND ARRANGEMENTS FOR THE UTILIZATION BY THE OFFICER IN CHARGE,
HEDSUPPACT, TAIPEI DETACHMEN FIVE OF THE BUILDING FORMERALLY KNOWN AS
THE U.S. MAAG OFFICER'S CLUB PACKAGE AND LIQUOR STORE BUILDING
AGREEMENT BETWEEN COMMANDER FIRST CHINESE NAVAL DISTRICT AND OFFICER
IN CHARGE HEDSUPPACT, TAIPEI DETACHMENT FIVE
1. PURPOSE. TO SET FORTH THE TERMS AND ARRANGEMENTS FOR THE
UTILIZATION BY THE OFFICER IN CHARGE, HEDSUPPACT, TAIPEI DETACHMENT FIVE
OF THE BUILDING FORMERALLY KNOWN AS THE U.S. MAAG OFFICER'S CLUB PACKAGE
AND LIQUOR STORE BUILDING, (HEREINAFTER REFERRED TO AS THE BUILDING),
AND PRESENTLY UNDER THE CONTROL OF COMMANDER FIRST CHINESE NAVAL
DISTRICT.
2. LOCATION AND DESCRIPTION OF BUILDING. THE BUILDING IS A ONE
STORY MASONERY BUILDING LOCATED NEXT TO THE CHINESE OFFICER'S CLUB AND
NAVY EXCHANGE GAS STATION IN THE TSOYING COMMUNITY SERVICES AREA,
TSOYING, TAIWAN, REPUBLIC OF CHINA. THE BUILDING CONTAINS APPROXIMATELY
486 SQUARE FEET OF SPACE.
3. UTILIZATION. THE BUILDING WILL BE UTILIZED BY THE HEDSUPPACT,
TAIPEI NAVY EXCHANGE TO HOUSE THEIR VENDING MACHINE REPAIR SHOP AND FOR
STORAGE OF VENDING MACHINE SUPPLIES. THE BUILDING MAY BE UTILIZED FOR
OTHER PURPOSES PROVIDED WRITTEN NOTICE OF CHANGE OF PURPOSE IS PROVIDED
THE COMMANDER FIRST CHINESE NAVAL DISTRICT. MAJOR ALTERATIONS WILL BE
MADE TO THE BUILDING ONLY WITH THE WRITTEN APPROVAL OF COMMANDER FIRST
CHINESE NAVAL DISTRICT.
4. UTILITIES. HEADQUARTERS SUPPORT ACTIVITY, TAIPEI WILL ASSUME
LIABILITY FOR ALL UTILITY COSTS RELATIVE TO THE OCCUPANCY OF THE
BUILDING.
5. MAINTENANCE. OFFICER IN CHARGE, HEDSUPPACT, TAIPEI, DETACHMENT
FIVE WILL ASSUME RESPONSIBILITY FOR INTERIOR AND EXTERIOR MAINTENANCE OF
THE BUILDING. HEDSUPPACT, TAIPEI, DETACHMENT FIVE WILL FURTHER ASSUME
RESPONSIBILITY FOR MAINTENANCE OF THE GROUNDS ON THE WEST SIDE OF THE
BUILDING WITH THE MAINTENANCE FOR THE REMAINDER OF THE GROUNDS REMAINING
WITH THE FOUR SEAS, ONE FAMILY OFFICER'S CLUB.
6. TERMINATION. THIS AGREEMENT MAY BE TERMINATED BY EITHER PARTY
UNDER THE FOLLOWING CIRCUMSTANCES:
A. WHEN THE HEDSUPPACT, TAIPEI DETACHMENT FIVE NO LONGER HAS A NEED
FOR THE BUILDING, THIRTY (30 DAYS NOTICE WILL BE TENDERED, AND OCCUPANCY
OF THE BUILDING WILL BE RELINQUISHED TO THE COMMANDER FIRST CHINESE
NAVAL DISTRICT IN "AS IS" CONDITION.
B. UPON THE EXPIRATION OF NINETY (90) DAYS SUBSEQUENT TO RECEIPT OF
WRITTEN NOTICE OF INTENT TO TERMINATE ISSUED BY COMMANDER FIRST CHINESE
NAVAL DISTRICT.
7. EFFECTIVE DATE AND RENEWAL PROCEDURES:
A. THIS AGREEMENT IS EFFECTIVE WHEN SIGNED BY BOTH THE COMMANDER
FIRST NAVAL DISTRICT AND THE OFFICER IN CHARGE, HEADQUARTERS SUPPORT
ACTIVITY, DETACHMENT FIVE.
B. THIS AGREEMENT WILL BE REVISED, ADDED TO OR MODIFIED ONLY WITH THE
EXPRESS WRITTEN APPROVAL O BOTH OF THE UNDERSIGNED OFFICERS OR THEIR
SUCCESSORS.
C. THIS AGREEMENT IS EFFECTIVE FOR ONE (1) YEAR FROM THE EFFECTIVE
DATE, I.E., THE LAST DATE GIVEN BELOW, BUT SHALL BE RENEWABLE FOR
ADDITIONAL ONE (1) YEAR PERIODS PROVIDED THERE IS AN EXCHANGE OF
MEMORANDUM OR LETTERS TO THAT EFFECT BETWEEN THE UNDERSIGNED OFFICERS OR
THEIR SUCCESSORS.
DATE SIGNED: 29 DEC 1972 DATE SIGNED: 21 DEC 1972
SIGNED SIGNED
COMMANDER, FIRST CHINESE OFFICER IN CHARGE
NAVAL DISTRICT HEDSUPPACT, TAIPEI DETACHMENT
CHINA, REPUBLIC OF 1 DEC 1972 FLITE DOCUMENT NO. 7502356
AGREEMENT
AGREEMENT ON MAAG/SOFA RATIO FOR UTILITY CHARGES AND TRANSSHIPMENT
FEES
THIS IS CONSIDERED AN OFFICIAL DOCUMENT PERTAINING TO BOTH THE
GOVERNMENTS OF THE REPUBLIC OF CHINA AND THE UNITED STATES AND WILL NOT
BE RELEASED WITHOUT MUTUAL AGREEMENT.
JOINT COMMITTEE FOR STATUS OF FORCES AGREEMENT UNITED STATES -
REPUBLIC OF CHINA
AGREEMENT ON MAAG/SOFA RATIO FOR UTILITY 12 DECEMBER 1972
CHARGES AND TRANSSHIPMENT FEES
AS RECOMMENDED BY THE MILITARY SUBCOMMITTEE OF THIS JOINT COMMITTEE,
THE REPRESENTATIVE OF THE REPUBLIC OF CHINA AND THE REPRESENTATIVE OF
THE UNITED STATES AGREE AS FOLLOWS:
1. EFFECTIVE 1 DECEMBER 1972, THE RATIO OF 1:20.2 (1/20.2) BE
ESTABLISHED FOR THE TRANSSHIPMENT COSTS (FOR ARTICLE 9 ANNEX OF THE
AGREEMENT ON TRANSSHIPMENT OF MILITARY SUPPLIES AND PERSONAL EFFECTS OF
THE UNITED STATES ARMED FORCES AS ENTRUSTED TO THE MINISTRY OF DEFENSE,
REPUBLIC OF CHINA, BY UNITED STATES TAIWAN DEFENSE COMMAND) WITH THE
MINISTRY OF NATIONAL DEFENSE PAYING 1/20.2
2. EFFECTIVE 1 DECEMBER 1972, THE RATIO OF 1:8.3 (1/8.3) BE
ESTABLISHED FOR ELECTRICAL CHARGES WITH MINISTRY OF NATIONAL DEFENSE
PAYING THE 1/8.3.
THE JOINT COMMITTEE NOTES THAT THIS AGREEMENT SUPERSEDES THE JOINT
COMMITTEE MEMORANDUM OF UNDERSTANDING OF 21 JULY 1970 ESTABLISHING OTHER
RATIOS EFFECTIVE 1 JULY 1970 AND ANY OTHER RATIOS ESTABLISHED AT EARLIER
DATES.
SIGNED SIGNED
EDWARD Y. KUAN T. F. HAIRSTON, CAPT, JAGC, USN
REPRESENTATIVE OF THE ACTING REPRESENTATIVE OF THE
REPUBLIC OF CHINA UNITED STATES
CHINA, REPUBLIC OF 1 DEC 1972 FLITE DOCUMENT NO. 7502355
AGREEMENT
JOINT AGREEMENT ON OPERATION OF AIR TRAFFIC CONTROL FACILITIES AT
TAINAN AIR BASE, TAIWAN
THE CHINESE AIR FORCE AND THE UNITED STATES AIR FORCE JOINT AGREEMENT
ON OPERATION OF AIR TRAFFIC CONTROL FACILITIES AT TAINAN AIR BASE,
TAIWAN
CONSIDERING: THE REQUIREMENT TO PROVIDE AN EFFECTIVE AIR TRAFFIC
CONTROL SYSTEM IN THE TAINAN AI BASE AREA, SERVING BOTH THE CHINESE AND
THE UNITED STATES AIR FORCE. THIS AGREEMENT SUPERSEDES THE CHINESE AIR
FORCE AND THE UNITED STATES AIR FORCE JOINT AGREEMENT ON OPERATION OF
AIR TRAFFIC CONTROL FACILITIES AT TAINAN AIR BASE, TAIWAN, EFFECTIVE 1
APRIL 1970.
DESIRING: TO PROVIDE UNITED STATES AIR FORCE CONTROLLER AUGMENTEES
FOR THE OPERATION OF THE CONTROL TOWER AND GCA UNIT FOR TAINAN AIR BASE.
THEREBY: MAINTAINING THE CAPABILITY TO ABSORB AIR TRAFFIC OF BOTH
AIR FORCE WITH REGULARITY AND EFFICIENCY.
THEREFORE: THE CHINESE AIR FORCE AND THE UNITED STATES AIR FORCE
PURSUANT TO THE PROVISIONS OF PARAGRAPH 5, ARTICLE III, STATUS OF FORCES
AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF CHIN AND THE
GOVERNMENT OF THE UNITED STATES OF AMERICA, AGREE AS FOLLOWS:
ARTICLE 1: FOR THE PURPOSE OF THIS AGREEMENT THE FOLLOWING
ABBREVIATIONS WILL BE USED:
ARTICLE 2: AIR TRAFFIC CONTROL SHALL BE IN ACCORDANCE WITH STANDARD
CAF/USAF/FAA PROCEDURES.
ARTICLE 3: OPERATION OF THE CONTROL TOWER/GCA FACILITIES SHALL BE
CAF MANAGED TO PROVIDE AIR TRAFFIC CONTROL SERVICE TO ALL CIVIL/CAF/DOD
MILITARY AIRCRAFT. SUPERVISORY RESPONSIBILITY SHALL B WITH THE CAF AT
ALL TIMES.
A. BOTH THE CAF AND USAF CONTROLLERS SHALL BE ALLOWED TO OPERATE ALL
POSITIONS IN THE CONTROL TOWER/GCA, AS REQUIRED, TO MAINTAIN CONTROLLER
PROFICIENCY AND AFFORD MAXIMUM CONTROL OF BOTH CHINESE/ENGLISH SPEAKING
PILOTS.
B. DETAILS INVOLVING RESPONSIBILITIES FOR OPERATIONAL AND CONTROLLER
AUGMENTEE REQUIREMENTS SHAL BE CONTAINED IN APPROPRIATE OPERATIONS
LETTERS ARRANGED BETWEEN LOCAL CAF AND USAF OFFICIALS. THES OPERATIONS
LETTERS WILL BE SUBJECT TO FINAL APPROVAL BY THE COMM/ATC WING (CAF) AND
THE 2165TH COMM GP (AFCS).
ARTICLE 4: THE USAF SHALL PROVIDE ALL AIR TRAFFIC CONTROL TRAINING
SUPPORT AS REQUIRED BY THE CA WITHIN THE CAPABILITY OF THE ASSIGNED
AUGMENTEES AND FACILITIES.
ARTICLE 5: WHEN USAF AUGMENTATION OF THE CONTROL TOWER AND/OR GCA IS
NO LONGER DEEMED ESSENTIAL BY THE USAF, THE OPERATION OF THE CONTROL
TOWER AND/OR GCA SHALL REVERT SOLELY TO THE CAF. THE USA SHALL PROVIDE
NINETY (90) DAY NOTIFICATION PRIOR TO IMPLEMENTING REDUCED SUPPORT OF
THESE FACILITIES.
ARTICLE 6: REVISIONS TO THIS AGREEMENT REQUIRE CONCURRENCE BY ALL
PARTIES.
EFFECTIVE: 1 DECEMBER 1972
SIGNED SIGNED
CHEN, I-FAN DONALD H. ROSS
GENERAL, CAF MAJOR GENERAL, USAF
COMMANDER-IN-CHIEF COMMANDER, 327TH AIR DIVISION
SIGNED SIGNED
TENG, KAN-CHUNG FULTON C. PETWAY
MAJOR GENERAL, CAF COLONEL, USAF
COMMANDER, COMM/ATC WING COMMANDER, 2165TH COMM GROUP
(DISTRIBUTION TABLE OMITTED)
CHINA, REPUBLIC OF 1 DEC 1972 FLITE DOCUMENT NO. 7502354
AGREEMENT
JOINT AGREEMENT ON THE MAINTENANCE OF THE AIR TRAFFIC CONTROL
FACILITIES/NAVIGATION AIDS AT TAINA AIR BASE, TAIWAN
THE CHINESE AIR FORCE AND THE UNITED STATES AIR FORCE JOINT AGREEMENT
ON THE MAINTENANCE OF THE AIR TRAFFIC CONTROL FACILITIES/NAVIGATION AIDS
AT TAINAN AIR BASE, TAIWAN
CONSIDERING: A REQUIREMENT TO PROVIDE PROCEDURES FOR AN AIR TRAFFIC
CONTROL SYSTEM IN THE TAINAN AIR BASE AREA, SERVING BOTH THE CHINESE AND
UNITED STATES AIR FORCE. THIS AGREEMENT SUPERSEDES THE CHINESE AIR
FORCE AND THE UNITED STATES AIR FORCE JOINT AGREEMENT ON THE MAINTENANCE
OF AIR TRAFFIC CONTROL FACILITIES/NAVIGATION AIDS AT TAINAN AIR BASE,
TAIWAN 1 APRIL 1970, WHICH IS HEREBY RESCINDED.
DESIRING: TO ESTABLISH A MORE VERSATILE AND RELIABLE AIR TRAFFIC
CONTROL ENVIRONMENT.
THEREBY: ESTABLISHING THE CAPABILITY TO ABSORB INCREASED AIR TRAFFIC
OF BOTH AIR FORCES WITH REGULARITY AND EFFICIENCY.
THEREFORE: THE CHINESE AIR FORCE AND THE UNITED STATES AIR FORCE
PURSUANT TO THE PROVISIONS OF PARAGRAPH 5, ARTICLE III, STATUS OF FORCES
AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF CHIN AND THE
GOVERNMENT OF THE UNITED STATES OF AMERICA, AGREE AS FOLLOWS:
ARTICLE 1 FOR THE PURPOSE OF THIS AGREEMENT THE FOLLOWING
ABBREVIATIONS WILL BE USED:
ARTICLE 2 CAF SHALL MAINTAIN OWNERSHIP OF THE CONTROL TOWER, TACAN,
AND GCA UNIT.
ARTICLE 3 CAF CONTROL TOWER.
A. CAF SHALL HAVE PRIMARY MAINTENANCE RESPONSIBILITY FOR CAF CONTROL
TOWER.
B. USAF AGREES TO PROVIDE MAINTENANCE ASSISTANCE AND TRAINING FOR CAF
MAINTENANCE PERSONNEL IN THE MAINTENANCE OF THE CONTROL TOWER AND SUPPLY
ASSISTANCE FOR EQUIPMENT NOT IN THE CAF INVENTORY, AS REQUIRED BY CAF.
C. USAF SHALL ONLY MAINTAIN USAF EQUIPMENT PLACED IN THE CONTROL
TOWER.
D. CAF AGREES TO FLIGHT CHECK RESPONSIBILITY FOR THE CONTROL TOWER
EQUIPMENT FOR THE PERIOD OF THIS AGREEMENT.
ARTICLE 4 CAF GCA UNIT.
A. CAF SHALL HAVE PRIMARY RESPONSIBILITY FOR MAINTENANCE OF THE GCA
UNIT.
B. USAF AGREES TO PROVIDE MAINTENANCE ASSISTANCE AND TRAINING FOR CAF
MAINTENANCE PERSONNEL IN THE MAINTENANCE OF THE GCA UNIT AND SUPPLY
ASSISTANCE FOR EQUIPMENT NOT IN THE CAF INVENTORY, AS REQUIRED BY CAF.
C. CAF RETAINS FLIGHT CHECK RESPONSIBILITY FOR THE GCA UNIT.
ARTICLE 5 CAF TACAN FACILITY.
A. THE CAF SHALL MAINTAIN OWNERSHIP INCLUDING PRIMARY MAINTENANCE
RESPONSIBILITY FOR TACAN EQUIPMENT.
B. THE USAF SHALL PROVIDE CAF WITH MAINTENANCE ASSISTANCE FOR THE
TACAN EQUIPMENT AND SUPPLY ASSISTANCE FOR EQUIPMENT NOT IN THE CAF
INVENTORY, AS REQUIRED BY THE CAF.
C. THE CAF SHALL BE RESPONSIBLE FOR ALL FLIGHT INSPECTIONS.
ARTICLE 6 WHEN IT IS NO LONGER DEEMED ESSENTIAL BY THE USAF THAT
MAINTENANCE ASSISTANCE OF THE TOWER/GCA/TACAN EQUIPMENT IS NEEDED, THE
MAINTENANCE/SUPPLY OF THESE FACILITIES WILL REVERT ENTIREL TO THE CAF.
EQUIPMENT PROVIDED BY THE USAF SHALL BE DISPOSED OF IN ACCORDANCE WITH
ARTICLE V, SOFA
ADDITIONALLY, USAF WILL PROVIDE THIRTY (30) DAY NOTIFICATION PRIOR T
IMPLEMENTING REDUCED SUPPORT OF THESE FACILITIES.
ARTICLE 7 REVISIONS TO THIS AGREEMENT WILL REQUIRE WRITTEN
CONCURRENCE OF ALL PARTIES.
EFFECTIVE: 1 DECEMBER 1972
SIGNED SIGNED
CHEN I-FAN DONALD H. ROSS
GENERAL, CHINESE AIR FORCE MAJOR GENERAL, USAF
COMMANDER-IN-CHIEF COMMANDER, 327TH AIR DIVISION
SIGNED SIGNED
MAJOR GENERAL, CHINESE AIR FORCE COLONEL, USAF
COMMANDER, COMM/ATC WING COMMANDER, 2165TH COMMUNICATIONS GROUP
CHINA, REPUBLIC OF 29 NOV 1972 FLITE DOCUMENT NO. 7502353
AGREEMENT
TO PROMULGATE AND DEFINE POLICIES AND PROCEDURES THAT EFFECT THE
OPERATIONS OF THE HEADQUARTERS SUPPORT ACTIVITY, DETACHMENT FIVE, MOTOR
POOL AND THE SUPPORT FUNCTIONS PROVIDED BY THE FIRST NAVAL DISTRICT
MOTOR POOL, CHINESE NAVY
AGREEMENT BETWEEN THE OFFICER IN CHARGE, HEADQUARTERS SUPPORT
ACTIVITY, DETACHMENT FIVE AND THE COMMANDER, FIRST NAVAL DISTRICT MOTOR
POOL, CHINESE NAVY ENTERED AND AGREED UPON 29 NOVEMBER 1972
1. PURPOSE. TO PROMULGATE AND DEFINE POLICIES AND PROCEDURES THAT
EFFECT THE OPERATIONS OF THE HEADQUARTERS SUPPORT ACTIVITY, DETACHMENT
FIVE, MOTOR POOL AND THE SUPPORT FUNCTIONS PROVIDED BY TH FIRST NAVAL
DISTRICT MOTOR POOL, CHINESE NAVY. IT IS INTENDED THAT THIS AGREEMENT
WILL SERVE AS AN OUTLINE GOVERNING THE RELATIONSHIP BETWEEN THE MOTOR
POOL ADMINISTRATION AND OPERATIONS SUPERVISORS AND THE DRIVERS
DETACHMENT, AND IS NOT INTENDED NOR SHOULD IT BE CONSIDERED AS
INTERFERENCE IN THE INTERNAL AFFAIRS OF THE CHINESE NAVY OR THE
GOVERNMENT OF THE REPUBLIC OF CHINA. THIS AGREEMENT WILL GOVERN ONLY
THE OPERATIONS RELATED BETWEEN HEADQUARTERS SUPPORT ACTIVITY, DETACHMENT
FIVE AND THE MOTOR POOL, FIRST NAVAL DISTRICT, CHINESE NAVY.
2. CANCELLATION. ALL ORAL AND WRITTEN AGREEMENTS AND STATEMENTS
BETWEEN THE PUBLIC WORKS OFFICER, THE TRANSPORTATION SUPERVISOR,
HEADQUARTERS SUPPORT ACTIVITY, DETACHMENT FIVE AND THE OFFICER IN
CHARGE, CHINESE NAVY DRIVER DETACHMENT PREVIOUSLY MADE AND REACHED
HERETOFORE ARE HEREBY CANCELED.
3. DISCUSSION. THE TRANSPORTATION SECTION, HEADQUARTERS SUPPORT
ACTIVITY, DETACHMENT FIVE, LOCATED WITHIN THE FIRST NAVAL DISTRICT
COMPOUND, CHINESE NAVY, IS TO CARRY OUT MOTOR TRANSPORTATIO AND VEHICLE
MAINTENANCE COMMITMENTS.
THE MOTOR POOL, FIRST NAVAL DISTRICT, CHINESE NAVY, UNDER DIRECTIVES
OF THE COMMANDANT, FIRST NAVAL DISTRICT, CHINESE NAVY, IS TO SUPPORT
TRANSPORTATION SECTION, HEADQUARTERS SUPPORT ACTIVITY, DETACHMENT FIVE,
WITH ADEQUATE NUMBER OF QUALIFIED DRIVERS, INCLUSIVE OF CHINESE MARINE
CORPS DRIVERS, TO ASSUME DRIVING DUTY.
4. RESPONSIBILITIES:
A. THE TRANSPORTATION SUPERVISOR HEADQUARTERS SUPPORT ACTIVITY,
DETACHMENT FIVE IS RESPONSIBLE FOR THE OVERALL OPERATION, ADMINISTRATION
AND SAFETY MEASURES OF THE HEADQUARTERS SUPPORT ACTIVITY, DETACHMENT
FIVE MOTOR POOL, UNDER THE PUBLIC WORKS OFFICER, IN PURSUANT TO THE
CURRENT U.S. NAVY POLICIES AND REGULATIONS.
B. THE DISPATCHER, MOTOR POOL, HEADQUARTERS SUPPORT ACTIVITY,
DETACHMENT FIVE IS RESPONSIBLE FOR DISPATCHING VEHICLES TO MEET
TRANSPORTATION COMMITMENTS UNDER THE SUPERVISION, INSTRUCTIONS AND
GENERAL GUIDANCE OF THE PUBLIC WORKS OFFICER AND THE TRANSPORTATION
SUPERVISOR, HEADQUARTERS SUPPOR ACTIVITY, DETACHMENT FIVE.
C. TRANSPORTATION OF U.S. MILITARY MATERIAL MUST BE CONSIGNED TO
DESIGNATED U.S. PERSONNEL ENROUTE. UNDER NO CIRCUMSTANCE WILL A CHINESE
MILITARY DRIVER BE REQUESTED TO SIGN ANY ASSOCIATED CUSTODY OR MATERIAL
RECEIPTS.
D. THE OFFICER IN CHARGE, CHINESE NAVY DRIVER DETACHMENT, WILL BE
RESPONSIBLE FOR DRIVERS' DISCIPLINARY MATTERS AND ADMINISTRATION.
DRIVERS' ASSIGNMENTS AND CHANGES WILL BE MADE BY THE OFFICER IN CHARGE,
CHINESE NAVY DRIVERS DETACHMENT WITH THE AGREEMENT OF THE PUBLIC WORKS
OFFICER AND THE TRANSPORTATION SUPERVISOR.
E. VEHICLE MAINTENANCE:
(1) PREVENTIVE MAINTENANCES AND REPAIRS OF VEHICLES FROM THE 2ND
ECHELON ON UP WILL BE RENDERED BY THE MAINTENANCE SHOPS, TRANSPORTATION
HEADQUARTERS SUPPORT ACTIVITY, DETACHMENT FIVE.
(2) ASSIGNED DRIVERS WILL BE RESPONSIBLE FOR THE CLEANLINESS OF
VEHICLES AT ALL TIMES, INSPECTIO AND MAINTAINING PROPER OIL AND WATER
LEVELS, LIGHTS AND THE SAFETY DEVISES AND EQUIPMENT, OF THE VEHICLES.
DRIVERS SHALL REPORT TO THE DISPATCHER, HEADQUARTERS SUPPORT ACTIVITY,
DETACHMENT FIVE, ANY AND ALL MALFUNCTIONS, TROUBLES AND DAMAGES OF
VEHICLES DETECTED, FOR IMMEDIATE REPAIRS AND ADJUSTMENT. ONLY THE
TRANSPORTATION SUPERVISOR AND/OR PUBLIC WORKS OFFICER WITH THE
CONCURRENCE OF THE OFFICER IN CHARGE, DRIVERS DETACHMENT, WILL DETERMINE
WHETHER VEHICLES ARE UP TO ROAD CONDITIONS. DRIVERS MAY NOT BE ORDERED
TO DRIVE A VEHICLE WHICH IS NOT UP TO ROAD CONDITIONS.
F. VEHICLE DISPATCHING:
(1) THE DISPATCHER, HEADQUARTERS SUPPORT ACTIVITY, DETACHMENT FIVE,
MOTOR POOL, WILL ENTER NAME OF USER, TIME TO REPORT, AND DESTINATIONS OF
TRIP TICKETS FOR THE CHINESE MILITARY DRIVERS, BEFORE DISPATCHING U.S.
VEHICLES FOR OFFICIAL BUSINESS.
(2) THE OFFICER IN CHARGE, CHINESE NAVY DRIVERS DETACHMENT, MAY
REQUEST THE USE OF U.S. VEHICLES ON OFFICIAL BUSINESS TRIPS, STATING
TIME, DESTINATIONS AND PURPOSE.
G. CERTIFICATION OF MISSED MEALS AND TDYS:
(1) U.S. PERSONNEL USING U.S. VEHICLES ON OFFICIAL BUSINESS TRIPS
DURING OR THROUGH THE ESTABLISHED MEAL HOURS WILL CERTIFY BY SIGNING THE
APPROPRIATE BLOCK ON THE MISSED MEAL FORM PROVIDED BY THE DRIVER,
INDICATING WHICH MEAL THE DRIVER HAS MISSED.
(2) DRIVERS ON DUTY WILL BE AUTHORIZED MISSED MEALS WHEN THEY
ACTUALLY MISS MEALS BECAUSE OF THEIR DUTIES. FOR EXAMPLE SINCE THE
AMBULANCE AND WRECKER ARE MANNED 24 HOURS A DAY THE DRIVERS OF THESE
VEHICLES MAY BE ENTITLED, IF MEALS ARE ACTUALLY MISSED DUE TO
PERFORMANCE OF DUTY, TO A TOTAL OF FOUR (4) MISSED MEALS A DAY. IN
THESE CASES THE TRANSPORTATION SUPERVISOR WILL STAMP THE MISSED MEAL
FORM.
H. DUTY DRIVERS:
(1) THE AMBULANCE, WRECKER AND TWO (2) PUBLIC WORKS OFFICER'S
VEHICLES ARE MANNED 24 HOURS A DAY SEVEN (7) DAYS A WEEK. IN ADDITION
TWO (2) ADDITIONAL DUTY DRIVERS WILL BE AVAILABLE AFTER NORMAL WORKING
HOURS, UNLESS PRIOR ARRANGEMENTS TO THE CONTRARY HAVE BEEN AGREED UPON.
I. MISCELLANEOUS:
(1) IN THE EVENT THAT DIFFERENCES AND MISUNDERSTANDINGS OCCUR BETWEEN
CHINESE AND UNITED STATES MILITARY PERSONNEL CONCERNING MATTERS GOVERNED
BY THIS AGREEMENT SUCH PROBLEMS WILL BE BROUGHT TO THE ATTENTION OF THE
HEADQUARTERS SUPPORT ACTIVITY, DETACHMENT FIVE, PUBLIC WORKS OFFICER,
THE HEADQUARTERS SUPPORT ACTIVITY, DETACHMENT FIVE, TRANSPORTATION
SUPERVISOR AND THE OFFICER IN CHARGE OF THE CHINESE NAVY DRIVERS
DETACHMENT FOR ARBITRATION, SETTLEMENT AND RESOLUTION. THESE INCIDENTS
WILL ALSO BE DULY REPORTED TO THE RESPECTIVE COMMANDS FOR INFORMATIONAL
PURPOSES.
J. EFFECTIVE DATE AND RENEWAL PROCEDURES:
(1) THIS AGREEMENT IS EFFECTIVE WHEN SIGNED BY BOTH THE COMMANDER,
FIRST NAVAL DISTRICT MOTOR POOL, CHINESE NAVY AND THE OFFICER IN CHARGE,
HEADQUARTERS SUPPORT, DETACHMENT FIVE.
(2) THIS AGREEMENT WILL BE REVISED, ADDED TO OR MODIFIED ONLY WITH
THE EXPRESS WRITTEN APPROVAL OF BOTH OF THE UNDERSIGNED OFFICERS OR
THEIR SUCCESSORS.
(3) THIS AGREEMENT IS EFFECTIVE FOR ONE (1) YEAR FROM THE EFFECTIVE
DATE, I.E., THE LAST DATE GIVEN BELOW, BUT SHALL BE RENEWABLE FOR
ADDITIONAL ONE (1) YEAR PERIODS PROVIDED THERE IS AN EXCHANGE OF
MEMORANDUM OR LETTERS TO THAT EFFECT BETWEEN THE UNDERSIGNED OFFICERS OR
THEIR SUCCESSORS.
DATE SIGNED: 29 NOVEMBER 1972
SIGNED SIGNED
COMMANDER, FIRST NAVAL DISTRICT OFFICER IN CHARGE
MOTOR POOL, CHINESE NAVY HEADQUARTERS SUPPORT ACTIVITY,
CHINA, REPUBLIC OF 15 NOV 1972 FLITE DOCUMENT NO. 7502352
MEMORANDUM OF AGREEMENT
MEMORANDUM OF AGREEMENT WITH THE CENTRAL WEATHER BUREAU, REPUBLIC OF
CHINA, CHINESE AIR FORCE WEATHER WING, CHINESE AIR FORCE 14TH
COMMUNICATIONS SQUADRON AND OL-B, 1ST WEATHER WING, AWS.
MEMORANDUM OF AGREEMENT WITH THE CENTRAL WEATHER BUREAU, REPUBLIC OF
CHINA, CHINESE AIR FORCE WEATHER WING, CHINESE AIR FORCE 14TH
COMMUNICATIONS SQUADRON AND OL-B, 1ST WEATHER WING, AWS.
1. RADAR REPORTS OF TROPICAL CYCLONES REPRESENT A VITAL PART OF THE
ENTIRE TROPICAL CYCLONE RECONNAISSANCE SYSTEM. OF SPECIAL IMPORTANCE TO
METEOROLOGISTS ON TAIWAN ARE THE RADAR REPORTS FRO THE CENTRAL WEATHER
BUREAU RADARS AT HUALIEN AND KAOSHIUNG. THESE REPORTS, WHEN
INCORPORATED INTO THE PACIFIC - WIDE TYPHOON WARNING NETWORK, WILL
ENHANCE THE QUALITY OF TRACKING AND PREDICTING THE MOVEMENT OF TROPICAL
CYCLONES.
2. THE PROCEDURES FOR INCORPORATING THESE REPORTS INTO THE TYPHOON
WARNING NETWORK ARE LISTED BELOW.
(A) RADAR REPORTS WILL BE SENT WHENEVER TROPICAL CYCLONE ECHOES
APPEAR ON THE RADAR SCOPE.
(B) HOURLY REPORTS FROM HUALIEN AND KAOSHIUNG WILL BE SENT TO THE
CENTRAL WEATHER BUREAU OFFICE IN TAIPEI ACCORDING TO THE RADOB FORMAT
(SEE ATTACHMENT 1).
(C) THE CENTRAL WEATHER BUREAU OFFICE IN TAIPEI WILL IN TURN TRANSMIT
THESE REPORTS TO THE CAF WEATHER CENTRAL.
(D) THE COMMUNICATIONS PERSONNEL AT THE CAF WEATHER CENTRAL WILL THEN
ATTACH AN IMMEDIATE PRECEDENCE HEADER TO EACH REPORT (SEE ATTACHMENT 2)
AND TRANSMIT IT TO THE FUCHU AUTOMATIC WEATHER NET VIA CIRCUIT X708.
3. A BACK-UP COMMUNICATIONS LINK BETWEEN THE RADAR SITES, THE
CENTRAL WEATHER BUREAU AND THE CAF WEATHER CENTRAL WILL BE ESTABLISHED
IN THE FORM OF A VHF RADIO NETWORK. THE FREQUENCIES FOR THIS NETWORK
WILL BE DETERMINED BY THE CENTRAL WEATHER BUREAU.
4. THE FOLLOWING SIGNATORIES THEREFORE AGREE, ON BEHALF OF THEIR
RESPECTIVE AGENCIES, TO SUBSCRIBE TO THE ABOVE MENTIONED PROCEDURES IN
SENDING RADAR REPORTS OF TROPICAL CYCLONES.
5. REVISIONS TO THIS AGREEMENT WILL REQUIRE CONCURRENCE OF ALL
SIGNATORIES OR THEIR SUCCESSORS I POSITION.
6. THIS AGREEMENT BECOMES EFFECTIVE ON THE DATE OF SIGNATURE AND MAY
BE TERMINATED BY ANY SIGNATORY ON 30 DAYS WRITTEN NOTICE TO ALL PARTIES
CONCERNED.
7. THIS AGREEMENT SHALL BE REVIEWED EVERY TWO YEARS BEGINNING 1 JULY
1974 BY ALL SIGNATORIES OR THEIR SUCCESSORS IN POSITION.
SIGNED SIGNED
LIU TAN-NIEN LI PING-CHIH
DIRECTOR COLONGEL, CAF
CENTRAL WEATHER BUREAU WEATHER WING COMMANDER
REPUBLIC OF CHINA
SIGNED SIGNED
TIEN SAO-YING VERNON M.H. VON
LT COLONEL, CAF LT COLONEL, USAF
COMMANDER SENIOR REPRESENTATIVE, TAIWAN
14TH COMMUNICATIONS SQUADRON 1ST WEATHER WING, AWS
(ATTACHMENT 1 OMITTED)
(ATTACHMENT 2 OMITTED)
CHINA, REPUBLIC OF 1 OCT 1972 FLITE DOCUMENT NO. 7502351
AGREEMENT
JOINT AGREEMENT ON UNITED STATES AIR FORCE AUGMENTATION OF TAIPEI
AREA CONTROL CENTER
THE CHINESE CIVIL AERONAUTICS ADMINISTRATION AND THE UNITED STATES
AIR FORCE JOINT AGREEMENT ON USAF AUGMENTATION OF TAIPEI AREA CONTROL
CENTER AT TAIPEI TAIWAN
CONSIDERING: UNITED STATES/DEPARTMENT OF DEFENSE AIR OPERATIONS
ORIGINATING AND TRANSITING THE TAIPEI FLIGHT INFORMATION REGION AND ITS
RESULTANT IMPACT ON THE OPERATION OF THE TAIPEI AREA CONTROL CENTER.
DESIRING: TO MINIMIZE THIS IMPACT AND TO PRECLUDE DELAY TO THE
CHINESE PROJECT OF RADAR IMPLEMENTATION AND TRAINING WITHIN THE TAIPEI
AREA CONTROL CENTER WHILE INSURING AIR TRAFFIC CONTRO SERVICE AND SAFETY
OF FLIGHT TO UNITED STATES/DEPARTMENT OF DEFENSE AIR OPERATIONS.
THEREBY: ENHANCING THE CAPABILITY FOR THE TAIPEI AREA CONTROL CENTER
TO ABSORB UNITED STATES/DEPARTMENT OF DEFENSE AIR OPERATIONS.
THEREFORE: EFFECTIVE 1 OCTOBER 1972, THE CHINESE CIVIL AERONAUTICS
ADMINISTRATION AND THE UNITED STATES AIR FORCE PURSUANT TO THE STATUS OF
FORCES AGREEMENT BETWEEN THE GOVERNMENTS OF THE REPUBLIC OF CHINA AND
THE UNITED STATES OF AMERICA, THAT CONTROLS AND LIMITS THE
INTERPRETATION OF THE PROVISIONS CONTAINED HEREIN, AS WELL AS THE
INTERPRETATION OF ANY SUBSIDIARY AGREEMENTS CONDUCTED HEREUNDER AND WITH
SPECIFIC AUTHORITY DERIVED FROM PARAGRAPH 5, ARTICLE III OF THE STATUS
OF FORCES AGREEMENT, AGREE AS FOLLOWS:
ARTICLE 1 FOR THE PURPOSE OF THIS AGREEMENT, THE FOLLOWING
ABBREVIATIONS/TERMS SHALL BE USED:
CCAA - CHINESE CIVIL AERONAUTICS ADMINISTRATION
TACC - TAIPEI AREA CONTROL CENTER
USAF - UNITED STATES AIR FORCE
U.S./DOD - UNITED STATES OF AMERICA/DEPARTMENT OF DEFENSE
FIR - FLIGHT INFORMATION REGION
FAA - FEDERAL AVIATION ADMINISTRATION
SOFA - STATUS OF FORCES AGREEMENT
RCAG - REMOTE COMMUNICATIONS SITE/AIR GROUND
AUGMENTEE - THOSE USAF AIR TRAFFIC CONTROLLERS ASSIGNED TO THE 2165TH
COMMUNICATIONS GROUP, WITH DUTY STATION AT TAIPEI AREA CONTROL CENTER
(TACC).
ATC - AIR TRAFFIC CONTROL
UHF - ULTRA HIGH FREQUENCY
VHF - VERY HIGH FREQUENCY
ACC - AREA CONTROL CENTER
CERAP - A COMBINED AIR TRAFFIC CONTROL CENTER AND RADAR APPROACH
CONTROL FACILITY
ARTICLE 2 THE CHINESE CIVIL AERONAUTICS ADMINISTRATION AND THE UNITED
STATES AIR FORCE JOINT AGREEMENT ON USAF AUGMENTATION OF TAIPEI AREA
CONTROL CENTER AT TAIPEI TAIWAN, DATED 1 APRIL 1972 I HEREBY RESCINDED.
ARTICLE 3 THE RESPONSIBILITY FOR THE CONTROL OF AIR TRAFFIC WITHIN
THE TAIPEI FLIGHT INFORMATION REGION (FIR) RESTS WITH THE CHINESE CIVIL
AERONAUTICS ADMINISTRATION (CCAA). THE TACC IS THE AGENC CHARGED WITH
RESPONSIBILITY FOR ALL AIR TRAFFIC CONTROL SERVICE WITHIN THE TAIPEI
FIR.
ARTICLE 4 THE USAF AGREES TO AUTHORIZE 10 USAF AUGMENTEES TO THE TACC
FOR THE PURPOSE OF ASSISTING THE CAA IN PROVIDING ATC SERVICES AS
SPECIFIED IN ARTICLE 7 BELOW, UNTIL SUCH TIME AS DEEMED UNNECESSARY BY
THE CCAA AND USAF. ANY OTHER TASKS OR DUTIES SHALL REQUIRE PRIOR
WRITTEN APPROVAL. SUCH TASKS OR DUTIES AS MAY BE REQUESTED BY CCAA AND
AGREED TO BY THE USAF SHALL BE PERFORMED WITHIN THE CAPABILITY OF
ASSIGNED PERSONNEL WITH NO DEGRADATION TO THE PRIMARY AUGMENTATION
PURPOSE.
ARTICLE 5 THE USAF AGREES TO TRAIN ALL AUGMENTEES IN ACCORDANCE WITH
USAF AND CCAA AIR TRAFFIC CONTROL DIRECTIVES/REQUIREMENTS.
ARTICLE 6 USAF AUGMENTEES SHALL BE RESPONSIBLE FOR THE POSITION
ASSIGNED UNDER THE SUPERVISION AND GUIDANCE OF THE SECTOR CONTROLLER
CONCERNED AND WATCH SUPERVISOR ON DUTY.
ARTICLE 7 THE CCAA AND USAF AGREE TO THE FOLLOWING:
A. THAT AUGMENTEES SHALL BE ASSIGNED ONLY TO THE SOUTH SECTOR RADIO
POSITION.
B. THAT BETWEEN THE HOURS OF 0800 AND 1700 DAILY ONE (1) AUGMENTEE
WILL BE ON DUTY IN A STANDBY STATUS FOR THE PURPOSE OF ASSISTING THE
AUGMENTEE AT POSITION DURING PEAK TRAFFIC PERIODS AND FOR RELIEVING THE
AUGMENTEE AT POSITION AT OTHER TIMES AS DEEMED NECESSARY BY THE
AUGMENTEE AT POSITION FACILITY WATCH SUPERVISOR, OR CHIEF AUGMENTEE.
C. USAF AUGMENTEES SHALL PERFORM THEIR DUTIES IN ACCORDANCE WITH
PRESCRIBED CCAA REGULATORY DOCUMENTS AND INSTRUCTIONS.
ARTICLE 8 THE CCAA AND THE USAF AGREE TO REVIEW THE AUGMENTEE
MANPOWER REQUIREMENT EACH SIX (6) MONTHS BEGINNING IN DECEMBER 1972.
WHEN U.S./DOD MILITARY EXIGENCIES DICTATE, OR CCAA CONCLUDES THEIR
ENROUTE RADAR TRAINING PROGRAM, OR U.S./DOD TRAFFIC WITHIN THE TAIPEI
FIR DECREASES TO THE POINT THAT REDUCTION TO THE NUMBER OF AUGMENTEES
AUTHORIZED IS DEEMED FEASIBLE BY THE USAF AND CCAA CONSISTENT WITH
SAFETY OF FLIGHT, SUCH REDUCTIONS SHALL BE MADE. A DATE FOR SUCH
REDUCTIONS SHALL BE AS MUTUALLY AGREED UPON BY THE CCAA AND USAF.
ARTICLE 9 THE USAF AGREES TO INSTALL AND MAINTAIN CERTAIN RCAG SITES
TO OBTAIN MAXIMUM AIR/GROUN RADIO COVERAGE FOR THE TACC IN SUPPORT OF
U.S./DOD TRAFFIC AS FOLLOWS:
A. TAINAN RCAG; UHF/VHF TRANSMIT/RECEIVE WITH BACKUP CAPABILITY AND
ONE (1) REMOTE KEYING CIRCUIT.
ARTICLE 10 THE CCAA AGREES TO ASSIGN FREQUENCIES AND OPERATE RCAG
SITES FURNISHED BY THE USAF AS FOLLOWS:
A. TAINAN RCAG 24 HOURS DAILY; UHF 234.8 VHF 128.1; THE CCAA AGREES
TO PROVIDE ONE (1) REMOTE KEYING CIRCUIT, THEREBY ESTABLISHING AN
ALTERNATE KEYING CAPABILITY TO THE RCAG.
ARTICLE 11 THE CCAA AND THE USAF AGREE TO REVIEW THE REQUIREMENT FOR
CONTINUED OPERATION OF THE TAINAN RCAG EACH SIX (6) MONTHS BEGINNING IN
DECEMBER 1972. WHEN U.S./DOD MILITARY EXIGENCIES DICTATE, OR THE CCAA
COMPLETES INSTALLATION OF HOST NATION FACILITIES TO PROVIDE ADEQUATE
RADIO COVERAGE, OR U.S./DOD TRAFFIC WITHIN THE TAIPEI FIR DECREASES TO
THE POINT THAT THE TAINAN RCAG IS NO LONGER DEEMED ESSENTIAL BY THE USAF
FOR SAFETY OF FLIGHT, ALL EQUIPMENT REFERRED TO IN ARTICLE 9 SHALL BE
DISPOSED OF IN ACCORDANCE WITH USAF PRIORITIES. ADVANCE NOTIFICATION OF
NINETY (90) DAYS SHALL BE GIVEN TO THE CCAA PRIOR TO DECOMMISSIONING
ACTION.
ARTICLE 12 THE USAF AGREES TO INSTALL AND MAINTAIN IN OPERATIONAL
STATUS, COMMENSURATE WITH PRIORITIES ASSIGNED FOR RESTORAL ACTION, THE
FOLLOWING CIRCUITS/EQUIPMENT IN SUPPORT OF U.S./DOD AIRCRAFT MOVEMENTS:
(THESE ARE CONSIDERED SEPARATE FROM NORMAL INCOUNTRY ATC REQUIREMENTS.)
A. TELETYPE CIRCUIT, (SBF-1) UNSECURED, WITH EQUIPMENT FROM TACC TO
MANILA ACC.
B. VOICE CIRCUIT, (KM-82) FROM TACC TO MANILA ACC.
C. VOICE CIRCUIT, (S-201) FROM TACC TO KADENA CERAP.
D. VOICE CIRCUIT, (SFE-5) FROM TACC TO SAIGON ACC.
E. TWO KWM2A SINGLE SIDE BAND TRANSMIT/RECEIVE HIGH FREQUENCY (HF)
RADIO SETS, WITH ANTENNA.
ARTICLE 13 THE CCAA AGREES TO OPERATE ALL CIRCUITS REFERRED TO IN
ARTICLE 12 ON A 24 HOUR BASIS AND TO ASSIST THE USAF IN EFFECTING
RESTORAL ACTIONS THROUGH TIMELY REPORTING OF OUTAGES. THE CCAA FURTHER
AGREES TO OPERATE THE USAF HF RADIO EQUIPMENT ON TWO (2) REPUBLIC OF
CHINA ASSIGNED FREQUENCIES.
ARTICLE 14 THE USAF AGREES TO ASSIGN ONE (1) RADIO MAINTENANCE
TECHNICIAN (AFSC 30454) TO THE TACC WHEN REQUESTED BY THE CCAA AND USAF
RESOURCES PERMIT TO COORDINATE AND ASSIST THE MAINTENANCE RESTORAL
EFFORT TO ALL USAF EQUIPMENT/CIRCUIT OUTAGES.
ARTICLE 15 THE USAF AND CCAA AGREE TO REVIEW THE REQUIREMENT FOR
CONTINUED OPERATION OF CIRCUIT/EQUIPMENT OUTLINED IN ARTICLE 12 AND
RADIO MAINTENANCE ASSISTANCE REFERRED TO IN ARTICLE 14 EACH SIX (6)
MONTHS BEGINNING IN DECEMBER 1972. WHEN U.S./DOD MILITARY EXIGENCIES
DICTATE OR CCAA COMPLETES INSTALLATION OF HOST NATION CAPABILITY, OR
U.S./DOD TRAFFIC WITHIN THE TAIPEI FIR DECREASES TO THE POINT THAT THE
CIRCUITS/EQUIPMENT, INDIVIDUALLY OR COLLECTIVELY, ARE NO LONGER DEEMED
ESSENTIAL BY THE USAF FOR SAFETY OF FLIGHT, REDUCED SUPPORT OF THE
AFFECTED CIRCUITS/EQUIPMENT MAY BE IMPLEMENTED. ADVANCE NOTIFICATION OF
NINETY (90) DAYS SHALL BE GIVEN TO THE CCAA PRIOR TO ANY REDUCTION.
ARTICLE 16 REVISIONS TO THIS AGREEMENT WILL REQUIRE CONCURRENCE OF
BOTH PARTIES.
SIGNED SIGNED
MAO, Y. T. DONALD H. ROSS
DIRECTOR, CHINESE CIVIL MAJOR GENERAL, USAF
AERONAUTICS COMMANDER, 327TH AIR DIVISION
ADMINISTRATION
SIGNED SIGNED
YANG, HOW-MING FULTON C. PETWAY
CHIEF, AIR NAVIGATION AND WEATHER COLONEL, USAF
SERVICES COMMANDER, 2165TH COMMUNICATIONS
CHINESE CIVIL AERONAUTICS GROUP
ADMINISTRATION
CHINA, REPUBLIC OF 30 SEP 1972 FLITE DOCUMENT NO. 7502350
AGREEMENT
AGREEMENT ON REPUBLIC OF CHINA PORT CHARGES
THIS IS CONSIDERED AN OFFICIAL DOCUMENT PERTAINING TO BOTH THE
GOVERNMENTS OF THE REPUBLIC OF CHINA AND THE UNITED STATES AND WILL NOT
BE RELEASED WITHOUT MUTUAL AGREEMENT.
JOINT COMMITTEE FOR STATUS OF FORCES AGREEMENT REPUBLIC OF CHINA -
UNITED STATES
AGREEMENT ON REPUBLIC OF CHINA PORT CHARGES 25 SEP 1972
AS RECOMMENDED BY THE PORT CHARGES BOARD OF THIS JOINT COMMITTEE, THE
REPRESENTATIVE OF THE REPUBLIC OF CHINA AND THE REPRESENTATIVE OF THE
UNITED STATES AGREE AS FOLLOWS:
1. DEFINITIONS:
A. UNDER THIS AGREEMENT THE TERM "PUBLIC VESSELS OF THE UNITED
STATES" SHALL BE DEFINED TO INCLUDE:
(1) UNITED STATES NAVAL SHIPS (USNS).
(2) GOVERNMENT AGENCY AGREEMENT VESSELS (GAA).
(3) UNITED STATES GOVERNMENT TIME AND VOYAGE CHARTERED VESSELS (TC
AND VC).
(4) UNITED STATES GOVERNMENT BAREBOAT-CHARTERED VESSELS (BBC).
B. UNDER THIS AGREEMENT THE TERM "SERVICES" SHALL BE DEFINED AS THE
ASSISTANCE REQUESTED BY PUBLIC VESSELS OF THE UNITED STATES, AND IT WILL
INCLUDE TUG HIRE, MOORING AND UNMOORING, BUT NOT T INCLUDE DOCKAGE AND
BUOY CHARGES WHICH ARE CONSIDERED AS TAXES.
2. ALL PUBLIC VESSELS OF THE UNITED STATES WILL ASSUME LIABILITY FOR
SERVICES REQUESTED AT THE CURRENT APPLICABLE TARIFF.
3. THE REPUBLIC OF CHINA AGREES TO REMIT TO THE UNITED STATES
(MILITARY SEALIFT COMMAND) A PRO-RATA PORTION OF THE SERVICES CHARGED TO
THE PUBLIC VESSELS OF THE UNITED STATES AT ROC PORTS BASED ON THE
PERCENTAGE OF MAP CARGO TO THE TOTAL CARGO DISCHARGED IN THE ROC. FOR
EXAMPLE, IF 100 MEASUREMENT TONS TOTAL CARGO IS DISCHARGED AND OF THE
TOTAL 50 MEASUREMENT TONS ARE MAP CARGO, THEN THE ROC WILL REIMBURSE THE
MILITARY SEALIFT COMMAND FOR 50% OF THE SERVICES CHARGED TO THE VESSEL
INVOLVED.
4. BILLING FOR USNS, GAA, AND BAREBOAT CHARTERED VESSELS WILL BE
FORWARDED BY THE APPROPRIATE HARBOR BUREAU TO MILITARY SEALIFT COMMAND,
TAIPEI, FOR REMITTANCE. BILLING FOR U.S. TIME AND VOYAG CHARTER VESSELS
WILL BE SUBMITTED TO THE LOCAL AGENT FOR REMITTANCE. A COPY OF THE BILL
WILL BE PROVIDED TO MILITARY SEALIFT COMMAND OFFICE, TAIPEI.
5. UNITED STATES LIABILITY FOR PAYMENT OF SERVICES WILL COMMENCE 1
OCTOBER 1972. HOWEVER, NO RETROACTIVE SERVICE CHARGES OR DOCKAGE AND
BUOY CHARGES ON ACCOUNT OF PUBLIC VESSELS OF THE UNITED STATES SHALL BE
ASSESSED OR COLLECTED.
THE JOINT COMMITTEE HEREBY DISCHARGES THE PORT CHARGES BOARD OF
FURTHER ACTION ON THIS MATTER AND DISSOLVES THE BOARD WITH THE THANKS OF
THE JOINT COMMITTEE.
SIGNED SIGNED
EDWARD Y. KUAN W. C. BURROWS, BGEN, USAF
REPRESENTATIVE OF REPRESENTATIVE OF THE
THE REPUBLIC OF UNITED STATES
CHINA
DATE SIGNED: SEPT 30, 1972 DATE SIGNED: 26/9/72
CHINA, REPUBLIC OF 7 SEP 1972 FLITE DOCUMENT NO. 7502349
AGREEMENT
JOINT AGREEMENT ON OPERATION OF THE WEATHER SERVICE AT CHING CHUAN
KANG AIR BASE, TAIWAN
THE CHINESE AIR FORCE AND THE UNITED STATES AIR FORCE JOINT AGREEMENT
ON OPERATION OF THE WEATHER SERVICE AT CHING CHUAN KANG AIR BASE, TAIWAN
CONSIDERING: THE REQUIREMENT TO PROVIDE PROFESSIONAL QUALITY WEATHER
SERVICES AT CHING CHUAN KAN AIR BASE TO BOTH THE CHINESE AND THE UNITED
STATES AIR FORCES.
DESIRING: TO IMPROVE AND ESTABLISH JOINT CHINESE AND UNITED STATES
AIR FORCE OPERATION OF THE WEATHER FACILITIES AT CHING CHUAN KANG AIR
BASE.
THEREBY: IMPROVING THE CAPABILITY TO PROVIDE EFFECTIVE WEATHER
OBSERVATIONS AND FORECASTS.
THEREFORE: THE CHINESE AIR FORCE AND THE UNITED STATES AIR FORCE,
PURSUANT TO THE PROVISIONS OF PARAGRAPH 5, ARTICLE III, STATUS OF FORCES
AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF CHIN AND THE
GOVERNMENT OF THE UNITED STATES OF AMERICA, AGREE AS FOLLOWS:
ARTICLE 1: FOR THE PURPOSE OF THIS AGREEMENT THE FOLLOWING
ABBREVIATIONS WILL BE USED:
CAF CHINESE AIR FORCE
USAF UNITED STATES AIR FORCE
ROC REPUBLIC OF CHINA
SOFA STATUS OF FORCES AGREEMENT BETWEEN THE GOVERNMENT
MAAG UNITED STATES MILITARY ADVISORY AND ASSISTANCE
WEA WG WEATHER WING
3 BWC 3RD BASE WEATHER CENTER, CAF WEA WG, STATIONED AT
AWS AIR WEATHER SERVICE OF THE USAF
1 WEA WG 1ST WEATHER WING OF THE USAF
DET 23 DETACHMENT 23, 1 WEA WG, STATIONED AT CHING CHUAN
ICAO INTERNATIONAL CIVIL AVIATION ORGANIZATION
WMO WORLD METEOROLOGICAL ORGANIZATION OF THE UNITED
RWOS REPRESENTATIVE WEATHER OBSERVATION SITE, BUILT AND
CCK CHING CHUAN KANG AIR BASE, TAIWAN
ARTICLE 2: THE WEATHER SERVICE FACILITY AT CCK WILL BE THE
RESPONSIBILITY OF CAF AND WILL BE OPERATED JOINTLY BY CAF AND USAF
PERSONNEL TO PROVIDE EFFECTIVE AND IMPROVED WEATHER OBSERVATIONS AND
FORECASTS THAT MEET THE NEEDS OF BOTH AIR FORCES.
A. WEATHER PERSONNEL OF BOTH AIR FORCES WILL BE UNDER THE OPERATIONAL
CONTROL OF THEIR RESPECTIV CCK SENIOR AIR FORCE COMMANDERS AND WILL BE
UNDER THE TECHNICAL DIRECTION AND COMMAND CONTROL OF THEIR RESPECTIVE
WEATHER WINGS.
B. DETAILS OF THE RESPONSIBILITIES OF CAF AND USAF WEATHER PERSONNEL
WILL BE CONTAINED IN LOCAL JOINT OPERATING INSTRUCTIONS ARRANGED BETWEEN
THE SENIOR 3 BWC OFFICER AND THE DET 23 DETACHMENT COMMANDER.
ARTICLE 3: THE RWOS AT CCK WILL BE USAF MANAGED AND WILL BE OPERATED
BY 3 BWC PERSONNEL.
A. THE RWOS PERSONNEL WILL TAKE, RECORD, AND DISSEMINATE CONTINUOUS
AND TIMELY OBSERVATIONS OF WEATHER WHICH AFFECT OPERATIONS IN THE
VICINITY OF CCK. OBSERVATIONS WILL CONFORM TO REQUIREMENTS OF CAF,
ICAO, AND WMO. OBSERVATIONAL REQUIREMENTS WILL BE ESTABLISHED TO
SATISFY BOTH USAF AND CAF CRITERIA. LOCAL DISSEMINATION WILL BE VIA
USAF TELESCRIBER CIRCUITS WITH USAF AND CAF TELEPHONE SYSTEMS AS
RESPECTIVE BACK-UPS. LONGLINE DISSEMINATION WILL BE VIA THE MOST
FEASIBLE COMMUNICATION SYSTEM.
B. MAINTENANCE ON THE RWOS BUILDING WILL BE THE RESPONSIBILITY OF
USAF. HOUSEKEEPING CLEANLINESS, SAFETY STANDARDS, AND GROUNDS-KEEPING
AROUND THE BUILDING WILL BE THE RESPONSIBILITY O THE CAF.
C. THE USAF RETAINS THE RIGHT TO USE THE RWOS FACILITY FOR THE
TRAINING OF USAF PERSONNEL AND DURING PERIODS OF CRITICAL OPERATIONS.
D. QUALITY CONTROL OF THE OBSERVING FUNCTION WILL BE A JOINT USAF AND
CAF FUNCTION. THE USAF SHALL HAVE ACCESS TO THE CAF OBSERVATION RECORDS
TO EXTRACT CLIMATOLOGICAL AND OPERATIONAL DATA.
ARTICLE 4: THE CAF WILL HAVE PRIMARY RESPONSIBILITY FOR WEATHER
FORECASTS FOR CCK. THE FORECASTING FACILITY AT CCK WILL BE JOINTLY
OPERATED BY CAF AND USAF. FORECASTS AND AMENDMENTS WIL BE ISSUED ON A
FREQUENCY THAT INSURES THE SAFETY AND MISSION EFFECTIVENESS OF AIRCRAFT
AND OTHER OPERATIONS. FORECASTS WILL ALSO INCLUDE WARNINGS OF HAZARDOUS
WEATHER CONDITIONS.
ARTICLE 5: ALL WEATHER BRIEFINGS REQUIRED BY THE SEPARATE AIR FORCES
WILL BE THE RESPONSIBILITY OF THE RESPECTIVE AIR FORCE PERSONNEL.
ARTICLE 6: MAINTENANCE OF MAAG AND USAF WEATHER EQUIPMENT WILL BE
ACCOMPLISHED BY QUALIFIED PERSONNEL PROVIDED BY BOTH CAF AND USAF. USAF
PERSONNEL WILL SUPERVISE WEATHER EQUIPMENT MAINTENANCE.
ARTICLE 7: THE PROFICIENCY OF THE ASSIGNED PERSONNEL WILL BE
CONSIDERED WHEN ASSIGNING AND SCHEDULING THEM IN THE VARIOUS FUNCTIONS.
IN ORDER TO IMPROVE THE CAPABILITIES OF THE ASSIGNED PERSONNEL, THE
FOLLOWING TRAINING RESPONSIBILITIES SHALL BE MET WHENEVER THE TRAINED
RESOURCE CAPABILITY PERMITS:
A. USAF SHALL PROVIDE THE FOLLOWING TRAINING AT CCK FOR APPROPRIATELY
QUALIFIED CAF WEATHER PERSONNEL:
(1) TRAINING OF WEATHER OBSERVERS IN AWS PRINCIPLES AND CONCEPTS OF
THE WEATHER OBSERVATION FUNCTION.
(2) TRAINING OF WEATHER EQUIPMENT PERSONNEL IN AWS ORGANIZATIONAL
MAINTENANCE CONCEPTS AND TECHNIQUES.
(3) TRAINING OF WEATHER FORECASTERS IN AWS FORECAST TECHNIQUES AND IN
THE AWS CONCEPT OF CUSTOME SERVICE.
(4) TRAINING OF WEATHER PERSONNEL IN AWS PRINCIPLES OF WEATHER
STATION MANAGEMENT.
B. CAF SHALL PROVIDE TRAINING TO AWS FORECASTER PERSONNEL AT CCK IN
THE TECHNIQUES OF FORECASTIN WEATHER IN EASTERN ASIA WITH PARTICULAR
EMPHASIS ON TAIWAN AND THE COASTAL AREAS OF SOUTHEASTERN MAINLAND CHINA.
ARTICLE 8: CAF AGREES TO USAF CUSTODY OF MAAG-PROVIDED EQUIPMENT FOR
THE PERIOD OF AGREEMENT. USAF SHALL RETAIN CUSTODY OF ANY ADDITIONAL
GOVERNMENT FURNISHED EQUIPMENT (GFE) AND WEATHER EQUIPMENT INSTALLED AT
CCK.
ARTICLE 9: USAF SHALL PROVIDE SPARE PARTS AND EXPENDABLE SUPPLIES
FOR ALL WEATHER OBSERVING EQUIPMENT AT CCK. OTHER EXPENDABLES AND BLANK
FORMS WILL BE PROVIDED BY EITHER SERVICE ACCORDING T LOCAL FEASIBILITY
AND ECONOMY OF OPERATION. CAF WILL PROVIDE CHINESE LANGUAGE FORMS AS
REQUIRED.
ARTICLE 10: WHEN THE JOINT OPERATION OF THE CCK WEATHER SERVICES IS
NO LONGER REQUIRED BY USAF, USAF WEATHER OBSERVING EQUIPMENT AND
BUILDINGS AT CCK WILL BE DISPOSED OF IN ACCORDANCE WITH ARTICLES V AND
IV, SOFA, RESPECTIVELY.
ARTICLE 11: REVISIONS TO THIS AGREEMENT WILL REQUIRE CONCURRENCE OF
BOTH SIGNATORIES OR THEIR SUCCESSORS IN POSITION.
ARTICLE 12: THIS AGREEMENT BECOMES EFFECTIVE ON THE DATE OF
SIGNATURE. IT MAY BE TERMINATED BY MUTUAL CONSENT AT ANY TIME OR BY
EITHER PARTY WITH 30 DAYS WRITTEN NOTIFICATION TO THE OTHER.
ARTICLE 13: THIS AGREEMENT SHALL BE REVIEWED BY ALL SIGNATORIES
EVERY YEAR BEGINNING 1 JULY 1973
SIGNED SIGNED
LI, PING-CHIH VERNON M.H. VON
COLONEL, CAF LT COLONEL, USAF
WEATHER WING COMMANDER SENIOR REPRESENTATIVE, TAIWAN
DATE: AUG 29, 1972 DATE: 6 SEPTEMBER 1972
SIGNED
FULTON C. PETWAY
COLONEL, USAF
COMMANDER, 2165TH
COMMUNICATIONS GROUP
AFCS
DATE: 7 SEP 1972
REPLY TO OL-B, 1 WWG (WE) 13 OCTOBER 1972
ATTN OF: APO 96280
SUBJECT: JOINT AGREEMENT ON WEATHER SERVICES AT CCK
TO: USTDC (J-7)
1. THERE IS A TYPING ERROR IN ARTICLE 10 OF THE SUBJECT AGREEMENT.
THE LAST LINE OF THIS ARTICL SHOULD READ "ACCORDANCE WITH ARTICLES V AND
IV, SOFA, RESPECTIVELY."
2. THIS AGREEMENT SUPERSEDES THE PREVIOUS ONE ON WEATHER SERVICES AT
CCK DATED 24 DECEMBER 1968.
SIGNED
VERNON M.H. VON, LT COL., USAF
OIC
FIRST ENDORSEMENT ON HQ 1ST WEATHER WING LTR OL-B, 1 WWG (WE) OF 13
OCT 1972
FROM: COMMANDER UNITED STATES TAIWAN DEFENSE COMMAND
TO: COMMANDER IN CHIEF PACIFIC (J-73)
SUBJ: JOINT AGREEMENT ON WEATHER SERVICES AT CCK
REF: (A) COMUSTDC LTR 5605.3 SER 1213 OF 3 OCTOBER 1972
1. FORWARDED, FOR APPROPRIATE ACTION.
2. AGREEMENT REFERRED TO IN BASIC LETTER WAS FORWARDED BY REFERENCE
(A), AND IS LISTED AS LINE NUMBER 267 OF THE COMUSTDC INVENTORY.
3. AGREEMENT OF 24 DECEMBER 1968 IS LISTED AS LINE NUMBER 67 OF THE
COMUSTDC INVENTORY.
COPY TO:
OIC, OL-B, 1 WWG (WE) APO 96280
CHINA, REPUBLIC OF 31 AUG 1972 FLITE DOCUMENT NO. 7502348
AMENDMENT
AMENDMENT TO USAF/CAF POL AGREEMENT OF 9 DEC 1970
THIS IS CONSIDERED AN OFFICIAL DOCUMENT PERTAINING TO BOTH THE
GOVERNMENTS OF THE UNITED STATES AND THE REPUBLIC OF CHINA AND WILL NOT
BE RELEASED WITHOUT MUTUAL AGREEMENT.
JOINT COMMITTEE FOR STATUS OF FORCES AGREEMENT UNITED STATES -
REPUBLIC OF CHINA
MEMORANDUM OF AGREEMENT REF: MA.26.VII.72
THE REPRESENTATIVES OF THE REPUBLIC OF CHINA AND OF THE UNITED STATES
HEREIN REGISTER THEIR AGREEMENT
THAT THE AGREEMENT BETWEEN THE GOVERNMENT OF THE UNITED STATES AND
REPUBLIC OF CHINA ON JOINT USAF/CAF POL HANDLING OPERATIONS, APPROVED BY
THIS JOINT COMMITTEE ON 9 DECEMBER 1970, BE AMENDED A SPECIFIED IN
ATTACHMENT (1) TO THIS MEMORANDUM OF AGREEMENT;
THAT AMENDMENT AS HEREIN SPECIFIED TAKE EFFECT AS OF THE DATE OF
SIGNATURE OF THIS MEMORANDUM OF AGREEMENT;
THAT THIS MEMORANDUM OF AGREEMENT WILL BE INCORPORATED INTO THE
MINUTES OF THE NEXT MEETING OF TH JOINT COMMITTEE.
DATE SIGNED 31 AUGUST, 1972 DATE SIGNED 26 JULY 1972
SIGNED SIGNED
EDWARD Y. KUAN C. J. DOUGLAS, JR., BGEN, USAF
REPRESENTATIVE OF THE REPRESENTATIVE OF THE
REPUBLIC OF CHINA UNITED STATES
ATTACHMENT (1) TO MA.26.VII.72 DATED 26 JULY 1972
PARA 3. DELETE OLD PARAGRAPH AND INSERT: THE CAF SHALL ALLOCATE
13,431,000 GALLONS (319,786 BARRELS) OF CAF JP-4 STORAGE CAPACITY AND
431,000 GALLONS (10,262 BARRELS) OF CAF 115/145 RESPECTIVELY. USAF
OWNED PRODUCT IN THE CAF STORAGE SYSTEM SHALL BE COMMINGLED WITH CAF
PRODUCT AS PART OF THE OVERALL CAF INVENTORY. USAF OWNED PRODUCT SHALL
BE CORRECTED TO 60 DEG F WITH QUANTITY AND QUALITY SURVEILLANCE TO BE
ACCOMPLISHED BY THE CAF. THE CAF SHALL MAINTAIN INVIOLATE MINIMUM
LEVELS OF USAF OWNED FUEL AT THE FOLLOWING LOCATIONS:
BATUE 300,000 GALLONS JP-4
CCK 1,482,000 GALLONS JP-4
CHIAYI 300,000 GALLONS JP-4
TAINAN 300,000 GALLONS JP-4
TAINAN 150,000 GALLONS 115/145
PARA 7. CHANGE TO READ: IN EVENT OF UNPLANNED HEAVY FUEL USAGE AT
CCK OR A SITUATION REQUIRING EMERGENCY RESUPPLY TO CCK, THE CAF SHALL BE
IMMEDIATELY ALERTED BY SAPOT. WHEN POSSIBLE, THE CAF WILL BE ADVISED OF
PENDING EMERGENCIES TEN OR MORE DAYS PRIOR TO TIME PIPELINE TRANSFER IS
REQUIRED
WHENEVER TIME PERMITS, EMERGENCY PIPELINE TRANSFERS WILL BE CONFIRME
AT LEAST FIVE DAYS PRIOR TO ACTUAL START OF PUMPING. ALL TRANSFERS INTO
U.S. STORAGE WILL BE COORDINATED WITH SAPOT PRIOR TO CONFIRMATION.
PARA 13. INSERT NEW PARAGRAPH 13:
MAINTAINING QUALITY CONTROL OF U. S. OWNED FUEL STORED IN THE CAF
SYSTEM SHALL PRIMARILY BE THE RESPONSIBILITY OF CAF. THE PROVISIONS OF
TECHNICAL ORDER 42B-1-1 SHALL GOVERN QUALITY CONTROL PRACTICES. THE
USAF SHALL HAVE THE RIGHT TO INSPECT CAF FACILITIES AND EQUIPMENT THAT
STORE OR ISSUE U.S. FUEL TO U. S. FORCES. SUCH INSPECTIONS SHALL BE
JOINTLY CONDUCTED BY USAF AND CAF PERSONNEL. (RENUMBER POL PARAGRAPH
13, 14 AND 15 AS PARAGRAPHS 14, 15 AND 16.)
CHINA, REPUBLIC OF 15 JUL 1972 FLITE DOCUMENT NO. 7502347
OPERATIONS LETTER
RESPONSIBILITY FOR MAINTENANCE OF THE AIRFIELD LIGHTING AT CCK AH,
TAIWAN
OPERATIONS LETTER BETWEEN CHING CHUAN KANG BASE OPERATIONS, CAF/USAF,
CAF 3RD CIVIL ENGINEERING SQUADRON, 374TH CIVIL ENGINEERING SQUADRON.
CAF BASE OPERATIONS LETTER NO. NR
USAF BASE OPERATIONS LETTER NO. 9
CAF 3RD CIVIL ENGINEERING SQUADRON LETTER NO. NR
374TH CIVIL ENGINEERING SQUADRON LETTER NO. NR
SUBJECT: RESPONSIBILITY FOR MAINTENANCE OF THE AIRFIELD LIGHTING AT
CCK AB, TAIWAN. (ROC)
EFFECTIVE: 15 JUL 72
PURPOSE: TO ESTABLISH AREAS OF RESPONSIBILITY FOR THE MAINTENANCE OF
THE RUNWAY LIGHTS, DISTANCE MARKERS, APPROACH LIGHTS, VASI LIGHTS,
RUNWAY STROBE LIGHTS, AND TAXIWAY LIGHTS.
THE 3RD AIR BASE GROUP, CAF, AND THE 374TH COMBAT SUPPORT GROUP,
USAF, OF CHING CHUAN KANG AIR BASE, TAIWAN, PURSUANT TO THE STATUS OF
FORCES AGREEMENT BETWEEN THE GOVERNMENTS OF THE REPUBLIC OF CHINA AND
THE UNITED STATES OF AMERICA, WHICH AGREEMENT CONTROLS AND LIMITS THE
INTERPRETATION OF THE PROVISIONS CONTAINED HEREIN, AS WELL AS THE
INTERPRETATION OF ANY SUBSIDIARY AGREEMENTS MADE HEREUNDER, AND WITH
SPECIFIC AUTHORITY DEPRIVED FROM PARAGRAPH 5, ARTICLE III OF THE STATUS
OF FORCES AGREEMENT, AGREE AS FOLLOWS:
1. THE CAF 3RD CIVIL ENGINEERING SQUADRON HAS RESPONSIBILITY FOR THE
MAINTENANCE AND REPAIR OF THE RUNWAY LIGHTS AND DISTANCE MARKERS.
2. THE USAF 374TH CIVIL ENGINEERING SQUADRON HAS RESPONSIBILITY FOR
THE MAINTENANCE AND REPAIR O THE APPROACH LIGHTS, THE VASI LIGHTS, AND
THE RUNWAY STROBE LIGHTS.
3. THE CAF 3RD CIVIL ENGINEERING SQUADRON HAS RESPONSIBILITY FOR THE
MAINTENANCE AND REPAIR OF THE TAXIWAY LIGHTS. HOWEVER, THE 374TH CIVIL
ENGINEERING SQUADRON WILL MAINTAIN A BENCH STOCK OF THE TYPE BULBS THAT
ARE REQUIRED FOR THE EXISTING TAXIWAY LIGHTS, AND WILL BE RESPONSIBLE
FOR SUPPLYING THE REPAIR PARTS FOR THE SEMI-FLUSH LIGHTING FIXTURES.
WHEN IT IS DETERMINED THAT TAXIWA LIGHT BULBS OR SEMI-FLUSH LIGHTING
FIXTURE PARTS NEED REPLACING, THE REQUIRED BULBS OR PARTS WILL B
ACQUIRED THROUGH USAF BASE OPERATIONS AND INSTALLED BY THE CAF
ELECTRICIAN.
(SIGNATURES OMITTED)
CHINA, REPUBLIC OF 1 JUL 1972 FLITE DOCUMENT NO. 7502346
LETTER OF AGREEMENT
OUTLINES PROCEDURES TO BE USED IN THE CONTROL OF TACTICAL AIRCRAFT AT
CHING CHUAN KANG AIR BASE, TAIWAN, REPUBLIC OF CHINA
LETTER OF AGREEMENT BETWEEN 3RD TACTICAL FIGHTER WING, CHING CHUAN
KANG APPROACH CONTROL, CHING CHUAN KANG TOWER, CHINESE AIR FORCE
AIRCRAFT CONTROL AND WARNING TACTICAL WING AND TAIPEI AREA CONTROL
CENTER (TACC)
3RD TACTICAL FIGHTER WING LETTER NO.___
TAIPEI AREA CONTROL CENTER LETTER NO. ___
CHINESE AIR FORCE AIRCRAFT CONTROL AND WARNING TACTICAL WING LETTER
NO.___
CHING CHUAN KANG APPROACH CONTROL LETTER NO. 7
CHING CHUAN KANG TOWER LETTER NO. 7
SUBJECT: TACTICAL SCRAMBLE AND RECOVERY PROCEDURES
EFFECTIVE: 1 JUL 1972
THIS LETTER SUPERSEDES 3RD TACTICAL FIGHTER WING LETTER NO.
(UNNUMBERED), TAIPEI AREA CONTROL CENTER LETTER NO. (UNNUMBERED),
CHINESE AIR FORCE AIRCRAFT CONTROL AND WARNING TACTICAL WING LETTER NO.
(UNNUMBERED), CHING CHUAN KANG APPROACH CONTROL LETTER NO. 7, CHING
CHUAN KANG TOWER LETTER NO. 7, DATED: 1 MAY 1971.
THIS AGREEMENT OUTLINES PROCEDURES TO BE USED IN THE CONTROL OF
TACTICAL AIRCRAFT AT CHING CHUAN KANG AIR BASE (CCK), TAIWAN, REPUBLIC
OF CHINA.
1. GENERAL: PROCEDURES CONTAINED HEREIN ARE IN ACCORDANCE WITH
CHINESE AIR FORCE AND CHINESE CIVIL AERONAUTICAL ADMINISTRATION
DOCUMENTS, UNITED STATES AIR FORCE AND INTERNATIONAL CIVIL AVIATION
ORGANIZATION (ICAO) DOCUMENTS AND OTHER DIRECTIVES APPLICABLE TO THE
ABOVE NAMED AGENCIES. THIS LETTER CANCELS LETTER OF AGREEMENT, SAME
SUBJECT, DATED 1 MAY 1971.
2. RESPONSIBILITIES:
A. SCRAMBLE PROCEDURES DURING VFR:
(1) UPON BEING NOTIFIED BY THE SCRAMBLING AGENCY, CCK TOWER SHALL:
(A) IMMEDIATELY CLEAR THE RUNWAY AND DISCONTINUE ALL APPROACHES BEING
CONDUCTED. IF AN AIRCRAFT IS ON FINAL APPROACH WITHIN ONE (1) MILE OF
LANDING THRESHOLD, IT SHALL BE ALLOWED TO CONTINUE THE APPROACH AND
LAND, UNLESS IT IS A 3 MIN ALERT, IN WHICH CASE A GO-AROUND WILL BE
EFFECTED. UPON LANDING, THE AIRCRAFT SHALL BE INSTRUCTED TO CLEAR THE
RUNWAY AS SOON AS PRACTICAL.
(B) RELAY SCRAMBLE INFORMATION TO CCK APPROACH CONTROL TO INCLUDE THE
FOLLOWING:
1. AIRCRAFT CALL SIGN.
2. TYPE AND NUMBER OF AIRCRAFT IN EACH FLIGHT.
3. DIRECTION OF DEPARTURE.
(C) CLEAR THE AIRCRAFT FOR DEPARTURE AND INSTRUCT THEM TO CONTACT THE
APPROPRIATE CRC/CRP ON THE ASSIGNED FREQUENCY.
B. RECOVERY PROCEDURES DURING VFR:
(1) CRC/CRP SHALL:
(A) VECTOR AIRCRAFT, SQUAWKING MODE THREE, CODE 0600, DIRECTLY TO CCK
AB, UTILIZING VFR ALTITUDE WHILE IN CONTROLLED AIRSPACE.
(B) NOTIFY CCK APPROACH CONTROL AND CONTROL TOWER OF VFR VECTORS TO
FIELD IN SIGHT, TO INCLUDE:
1. AIRCRAFT CALL SIGN.
2. TYPE AND NUMBER OF AIRCRAFT IN EACH FLIGHT.
3. POSITION AIRCRAFT WILL ENTER CCK APPROACH CONTROL DELEGATED
AIRSPACE
(C) COORDINATE WITH CCK APPROACH CONTROL FOR THESE PROCEDURES
OUTLINED IN (ILLEGIBLE) AIRCRAFT REQUEST RADAR APPROACHES DURING VFR.
(2) FIGHTER/INTERCEPTOR AIRCRAFT SHALL:
(A) REPORT THE AIRFIELD IN SIGHT, CHANGE TO CCK TOWER FREQUENCY AND
RECOVER VFR.
(B) WHEN DESIRING TO EXECUTE A RADAR APPROACH DURING VFR, NOTIFY THE
RESPECTIVE CRC/CRP PRIOR TO 30 NM INBOUND TO CCK.
C. SCRAMBLE PROCEDURES DURING IFR:
(1) UPON BEING NOTIFIED BY THE SCRAMBLING AGENCY, CCK TOWER SHALL:
(A) IMMEDIATELY CLEAR THE RUNWAY AND DISCONTINUE APPROACHES BEING
CONDUCTED. IF AN AIRCRAFT IS ON FINAL APPROACH WITHIN ONE (1) MILE OF
LANDING THRESHOLD, IT SHALL BE ALLOWED TO CONTINUE THE APPROACH AND
LAND, UNLESS IT IS A 3 MIN ALERT IN WHICH CASE GO-AROUND WILL BE
EFFECTED. UPON LANDING, THE AIRCRAFT SHALL BE INSTRUCTED TO CLEAR THE
RUNWAY AS SOON AS PRACTICAL.
(B) RELAY SCRAMBLE INFORMATION TO CCK APPROACH CONTROL TO INCLUDE THE
FOLLOWING:
1. AIRCRAFT CALL SIGN,
2. TYPE AND NUMBER OF AIRCRAFT IN EACH FLIGHT.
3. DEPARTURE RUNWAY.
4. IDENTIFY THE CRC/CRP DESIGNATED AS PRIMARY CONTROL.
(C) OBTAIN DEPARTURE AND RELEASE INSTRUCTIONS BEFORE CLEARING ANY IFR
SCRAMBLE AIRCRAFT FOR TAKEOFF UNLESS IT IS AN ACTIVE SCRAMBLE.
(D) CLEAR THE AIRCRAFT FOR DEPARTURE AND INSTRUCT THEM TO CONTACT CCK
APPROACH CONTROL ON THE DESIGNATED FREQUENCY.
(2) CCK APPROACH CONTROL SHALL:
(A) ISSUE APPROPRIATE DEPARTURE INSTRUCTIONS TO INCLUDE SID,
FREQUENCY AND RELEASE, BASED ON TRAFFIC CONDITIONS, WHEN REQUESTED BY
CCK TOWER, (SID'S ARE DEPICTED IN ATTACHMENTS 1 & 2).
(B) PROVIDE RADAR SERVICE AND TRAFFIC ADVISORIES UNTIL THE SCRAMBLE
AIRCRAFT REPORT VFR ON TOP O ARE RADAR IDENTIFIED BY THE CONTROLLING
CRC/CRP. AT THAT TIME, THE AIRCRAFT SHALL CHANGE TO THE FREQUENCY
ASSIGNED BY CRC/CRP AND RADAR SERVICE BY CCK APPROACH CONTROL SHALL BE
TERMINATED. IN NO INSTANCE, EXCEPT EMERGENCIES, SHALL VECTORS BE
PROVIDED OUTSIDE OF CCK DELEGATED AIRSPACE.
(3) CRC/CRP SHALL OBTAIN AN APPROPRIATE ATC CLEARANCE THRU TACC AMIS
SECTOR WHEN UNABLE TO ESTABLISH RADAR CONTACT WITH SCRAMBLE AIRCRAFT.
D. RECOVERY PROCEDURES DURING IFR:
(1) NORMAL RECOVERY PROCEDURES DURING IFR SHALL BE CRC/CRP VECTORS TO
A RECOVERY POINT FOLLOWED BY CCK APPROACH CONTROL VECTORS TO A PRECISION
RADAR APPROACH.
(2) RECOVERY POINTS:
(A) ZULU ONE - CCK TACAN 320 RADIAL, 30 DME. VFR HOLDING ONLY.
(B) ZULU TWO - CCK TACAN 270 RADIAL, 30 DME.
(C) ZULU THREE - CCK TACAN 220 RADIAL, 30 DME. VFR HOLDING ONLY.
NOTE: HOLDING WILL BE LEFT TURNS BETWEEN 25 AND 30 DME. MINIMUM
HOLDING ALTITUDE IS 14,000 FEET
(3) CRC/CRP SHALL:
(A) NOTIFY CCK APPROACH CONTROL AT LEAST FIVE (5) MINUTES OR AS SOON
AS POSSIBLE THEREAFTER PRIO TO AIRCRAFT REACHING THE RECOVERY POINT AND
FORWARD THE FOLLOWING INFORMATION.
1. AIRCRAFT CALL SIGN.
2. TYPE AND NUMBER OF AIRCRAFT IN THE FLIGHT.
3. RECOVERY POINT TO BE UTILIZED.
4. ASSIGNED ALTITUDE.
(B) PROVIDE LONGITUDINAL SEPARATION BETWEEN SUCCESSIVE
AIRCRAFT/FLIGHTS AS DIRECTED BY CCK APPROACH CONTROL. EXCEPT IN
EMERGENCY SITUATIONS, THE MINIMUM LONGITUDINAL SEPARATION BETWEEN
SUCCESSIVE AIRCRAFT/FLIGHTS IS 7 MILES OR TWO MINUTES. (A MINIMUM OF 10
MILES OR 3 MINUTES WILL BE PROVIDED WHEN CCK APPROACH CONTROL IS
REQUIRED TO SPLIT UP FORMATIONS).
(C) ADVISE THE AIRCRAFT/FLIGHT OF THE ASSIGNED APPROACH FREQUENCY
PRIOR TO THE RECOVERY POINT. CRC/CRP SHALL BE RESPONSIBLE FOR PROVIDING
A MINIMUM OF 1,000 FEET OF VERTICAL SEPARATION BETWEEN SUCCESSIVE
AIRCRAFT/FLIGHTS OVER THE RECOVERY POINT. THE FIRST AIRCRAFT/FLIGHT TO
REACH THE RECOVERY POINT SHALL BE AT THE LOWEST ALTITUDE, BUT NEVER
BELOW THAT ALTITUDE SPECIFIED AS THE MINIMUM HOLDING ALTITUDE (14,000').
SUCCESSIVE AIRCRAFT/FLIGHTS SHALL BE SEQUENCED, IN ORDER, AT HIGHER
ALTITUDES.
(D) PROVIDE FORMATION SPLIT UP WHEN REQUESTED BY FLIGHTS.
(E) INSTRUCT AIRCRAFT TO SQUAWK MODE THREE, CODE 0400.
(F) EFFECT RADAR HAND-OFF AND TRANSFER OF COMMUNICATIONS ON THE
FREQUENCY SPECIFIED BY CCK APPROACH CONTROL OVER THE RECOVERY POINT.
(G) ADVISE TACC (VIA AMIS CIRCUIT) OF ALL HOLDING AIRCRAFT AT ZULU
THREE. ADVISORIES WILL INCLUDE SPECIFIC ALTITUDES IN USE AND EAC OF
AIRCRAFT. ADVISORIES SHALL BE FORWARDED NOT LESS THAN TWO (2) MINUTES
PRIOR TO THE AIRCRAFT/FLIGHT ENTERING THE HOLDING PATTERN.
(H) PROVIDE A-1 AND W-4 TRAFFIC ADVISORIES, FORWARDED BY TACC (AMIS)
TO ALL AIRCRAFT HOLDING AT ZULU THREE AND TO CCK APPROACH CONTROL.
(I) NOTIFY TACC WHEN ZULU THREE HOLDING IS TERMINATED.
(J) NOTIFY CCK APPROACH CONTROL OF ANY KNOWN OR SUSPECTED NORDO
AIRCRAFT.
(4) TACC AMIS SECTOR SHALL:
(A) UPON NOTIFICATION OF ZULU THREE HOLDING, PROVIDE A-1/W-4 TRAFFIC
INFORMATION WHICH MIGHT AFFECT OR BE AFFECTED BY THIS HOLDING TO THE
CRC/CRP VIA AMIS CIRCUIT.
(B) INSURE A CONTINUAL FLOW OF TRAFFIC INFORMATION IS ADHERED TO
UNTIL ADVISED THAT ZULU THREE HOLDING IS TERMINATED.
(5) CCK APPROACH CONTROL SHALL:
(A) INSURE THAT THE CONTROLLING CRC/CRP IS ADVISED OF THE CURRENT CCK
WEATHER, RUNWAY IN USE AND ANY NOTAM INFORMATION PERTAINING TO CCK
AIRFIELD OR NAVAID STATUS.
(B) IF POSSIBLE, ISSUE A DISCRETE FREQUENCY TO CRC/CRP FOR EACH
RECOVERING AIRCRAFT/FLIGHT. THI SHOULD OCCUR AT THE TIME CRC/CRP
CONTACTS CCK APPROACH CONTROL WITH THE FIVE (5) MINUTE INBOUND ADVISORY.
(C) WHEN NOTIFIED BY CRC/CRP THAT AIRCRAFT WILL BE RECOVERING, CCK
APPROACH CONTROL SHALL EXPECT A MINIMUM OF TWO (2) MINUTES OR SEVEN (7)
MILES BETWEEN AIRCRAFT/FLIGHTS. (A MINIMUM OF 10 MILES O 3 MINUTES WHEN
CCK APPROACH CONTROL IS REQUIRED TO SPLIT UP FORMATIONS.) THESE ARE THE
MINIMUMS AN THE ONLY DEVIATION FROM THESE MINIMUMS SHALL BE IN THE EVENT
OF EMERGENCY AIRCRAFT.
(D) NOTIFY CRC/CRP WHEN THE AIRCRAFT ARE UNDER THE CONTROL OF CCK
APPROACH CONTROL.
(E) PROVIDE POSITIVE RADAR VECTORS ONLY AFTER AIRCRAFT HAVE ENTERED
CCK DELEGATED AIRSPACE.
(6) FIGHTER/INTERCEPTOR AIRCRAFT SHALL:
(A) MAINTAIN 300 KNOTS CRUISING AIRSPEED BEFORE DESCENT AND CONTACT
CRC/CRP TEN (10) MINUTES OR AS SOON AS POSSIBLE THEREAFTER BEFORE
RECOVERY, STATING INTENTIONS.
(B) CONTACT CCK APPROACH CONTROL ON THE FREQUENCY ASSIGNED OVER THE
RECOVERY POINT. AIRCRAFT SHALL NOT PROCEED PAST THE RECOVERY POINT
WITHOUT ESTABLISHING RADIO CONTACT WITH CCK APPROACH CONTROL. (RADIO
OUT PROCEDURES ARE CONTAINED IN PARA 2E(2).)
(C) ADVISE CRC/CRP, ON INITIAL CONTACT, WHEN A FLIGHT OF TWO OR MORE
AIRCRAFT DESIRE SINGLE SHIP APPROACHES.
(D) ADVISE CRC/CRP IF FUEL STATUS DOES NOT PERMIT HOLDING AT THE
APPROPRIATE RECOVERY POINT.
(E) INSURE CCK APPROACH CONTROL IS INFORMED WHEN AIRCRAFT ARE
EXPERIENCING LOW/MINIMUM/EMERGENCY FUEL STATE. ADDITIONALLY, AIRCRAFT
WILL ADVISE CCK APPROACH CONTROL, PRIOR TO BASE LEG OR PRIOR TO 15 NM
FINAL ON A STRAIGHT IN APPROACH OF THEIR LANDING INTENTIONS; I.E., FULL
STOP, LOW APPROACH AN IN CASE OF FORMATION FLIGHTS, THE INTENTIONS OF
EACH SEPARATE AIRCRAFT.
(F) COMPLY WITH INSTRUCTIONS ISSUED BY CCK APPROACH CONTROL.
E. RADIO OUT/EMERGENCY PROCEDURES:
(1) IN THE EVENT THAT RADIO CONTACT CANNOT BE ESTABLISHED WITH
CRC/CRP, AIRCRAFT/FLIGHTS SHALL CONTACT CCK APPROACH CONTROL AND REQUEST
APPROACH INSTRUCTIONS.
(2) IN THE EVENT OF RADIO FAILURE; THE PILOT SHALL, WITHIN A 35
NAUTICAL MILE RADIUS OF CCK TACAN, SQUAWK EMERGENCY FOR 30 SECONDS, THEN
SWITCH TO MODE THREE - CODE 0400 AND PROCEED DIRECT TO AMBER FIX,
MAINTAIN VFR, OR 14,000 FEET. LOST COMMUNICATIONS EAC SHALL BE 45
MINUTES AFTER THE ACTUAL DEPARTURE TIME. UPON ARRIVAL AT AMBER FIX OR
AT EAC, WHICHEVER IS LATER, EXECUTE A HI-TACAN APPROACH. IN THE EVENT
THE PILOT IS NOT AWARE OF THE RUNWAY IN USE HE SHALL EXECUTE AN APPROACH
TO THAT RUNWAY FROM WHICH HE DEPARTED. AIRCRAFT WILL SQUAWK MODE THREE,
CODE 0400 "IDENT" ONE MINUTE PRIOR TO COMMENCING APPROACH.
(3) IN THE EVENT THAT RADIO CONTACT CANNOT BE ESTABLISHED WITH CCK
APPROACH CONTROL, RECOVERING AIRCRAFT SHALL ESTABLISH A HOLDING PATTERN
AT THE RECOVERY POINT, CONTACT CRC/CRP AND FOLLOW THOSE INSTRUCTIONS
RECEIVED. THESE INSTRUCTIONS WILL NORMALLY BE RADAR VECTORS TO THE 12
DME ARC AND EXECUTE THE APPROPRIATE APPROACH.
3. PROCEDURES FOR TERMINATING RADAR FINAL APPROACHES:
A. FIGHTER/INTERCEPTOR AIRCRAFT SHALL:
(1) IF DESIRING TO TERMINATE A RADAR APPROACH AFTER SIGHTING THE
RUNWAY, NOTIFY THE PAR FINAL CONTROLLER BY TRANSMITTING; "RUNWAY IN
SIGHT". (NOTE: NORMALLY THIS SHALL ONLY BE REQUESTED BETWEEN ONE AND
THREE MILES FROM TOUCHDOWN.)
B. THE PAR FINAL CONTROLLER SHALL:
(1) UPON BEING NOTIFIED BY THE FIGHTER/INTERCEPTOR AIRCRAFT OF A
DESIRE TO TERMINATE A RADAR APPROACH, ACKNOWLEDGE THE REQUEST BY
TRANSMITTING; "ROGER, TAKE OVER VISUALLY." (NOTE: THE PAR CONTROLLER
SHALL CONTINUE TO MONITOR THE APPROPRIATE FREQUENCY UNTIL THE AIRCRAFT
HAS LANDED OR EXECUTED A LOW APPROACH.)
4. MISSED APPROACH PROCEDURES:
A. IN THE EVENT OF A MISSED APPROACH FROM A PAR APPROACH, THE
AIRCRAFT SHALL ABIDE BY INSTRUCTIONS AS ISSUED BY CCK APPROACH CONTROL,
B. IN THE EVENT OF A MISSED APPROACH FROM A NON-RADAR APPROACH, THE
AIRCRAFT SHALL ABIDE BY THOS MISSED APPROACH INSTRUCTIONS APPLICABLE TO
THE APPROACH BEING EXECUTED.
C. AFTER MISSED APPROACH PILOTS WILL NORMALLY REQUEST RADAR VECTORS
FOR A PAR APPROACH OR A RED PATTERN (ATTACHMENT 3) FOR A TACAN APPROACH.
(SIGNATURES OMITTED)
(DISTRIBUTION TABLE OMITTED)
(ATTACHMENT 1, 2 AND 3 OMITTED)
CHINA, REPUBLIC OF 27 MAR 1972 FLITE DOCUMENT NO. 7502345
AGREEMENT
THE CHINESE MILITARY POLICE AND THE UNITED STATES AIR FORCE AGREEMENT
ON TAIPEI AIR STATION SECURITY DEFENSE
THE CHINESE MILITARY POLICE AND THE UNITED STATES AIR FORCE AGREEMENT
ON TAIPEI AIR STATION SECURITY DEFENSE
SECTION I: GENERAL
1. IN ACCORDANCE WITH THE PROVISIONS OF THE STATUS OF FORCES
AGREEMENT BETWEEN THE GOVERNMENTS O THE UNITED STATES OF AMERICA AND THE
REPUBLIC OF CHINA, INTERNAL SECURITY OF TAIPEI AIR STATION IS CONTROLLED
BY THE UNITED STATES AIR FORCE (USAF) AND EXTERNAL SECURITY IS
CONTROLLED BY THE CHINESE MILITARY POLICE (CMP). THE REPUBLIC OF CHINA
AND THE UNITED STATES GOVERNMENTS WILL COOPERATE AS NECESSARY TO INSURE
THE SECURITY OF THE UNITED STATES MILITARY RESOURCES. THE AGREEMENT IS
CONSUMMATED BETWEEN THE COMMANDER, TAIPEI CMP HEADQUARTERS AND THE
COMMANDER, 6213TH AIR BASE SQUADRON, TAIPEI AIR STATION.
2. THIS DOCUMENT DELINEATES THE MUTUAL SUPPORT BETWEEN THE 6213TH
AIR BASE SQUADRON AND THE TAIPEI CMP HEADQUARTERS FOR THE SECURITY AND
DEFENSE OF TAIPEI AIR STATION UNDER NORMAL AND EMERGENCY CONDITIONS.
THE SECURITY CAPABILITY MUST ASSUME THE MEANS TO POSITIVELY IDENTIFY
INDIVIDUALS REQUESTING ENTRY TO THE STATION, TO DENY UNAUTHORIZED ENTRY,
TO DETECT POSSIBLE HOSTILE ACTS ALONG WITH DEFENDING THE PERIMETER OF
THE STATION, AND TO IMMEDIATELY REPORT HOSTILE ACTS TO THE CMP ROOSEVELT
ROAD SUBSTATION AND THE USAF DESK SERGEANT.
3. THE COMBINED ELEMENTS OF ENTRY CONTROL AND INTERNAL SECURITY
PATROL ARE ADEQUATE TO PROVIDE IDENTIFICATION, DETECTION, REPORTING AND
INITIAL RESPONSE. ASSISTANCE BY THE CMP RESPONSE FORCE TO THE USAF
SECURITY POLICE FORCE WILL BE NECESSARY FOR INCREASED PROTECTION. THE
RESPONSE FORCE WILL BE DISPATCHED BY THE CMP ROOSEVELT ROAD SUBSTATION.
4. THIS JOINT AGREEMENT IS EFFECTIVE THIS 27TH DAY OF MARCH 1972,
AND WILL REMAIN IN FORCE INDEFINITELY, WITH THIS PROVISION THAT EITHER
PARTY MAY TERMINATE THE AGREEMENT BY NOTIFYING THE OTHER PARTY OF SUCH
INTENTION AT LEAST NINETY (90) DAYS BEFORE THE DESIRED DATE OF
TERMINATION, UNLESS OTHERWISE MUTUALLY AGREEABLE TO THE PARTIES THERETO.
SECTION II: DEFINITION OF TERMS
1. INTERNAL SECURITY - SECURITY AFFORDED THE USAF RESOURCES WITHIN
THE USAF AREAS BY SECURITY POLICE ASSIGNED WITHIN THESE AREAS.
2. EXTERNAL SECURITY - SECURITY WHICH ENCOMPASSES THE AREA
SURROUNDING TAIPEI AIR STATION PROVIDED BY THE CHINESE MILITARY POLICE
TO INSURE THE SECURITY AND DEFENSE OF THE AIR STATION.
3. NORMAL SECURITY OPERATIONS - THOSE SECURITY OPERATIONS PERFORMED
ON A DAY-TO-DAY BASIS WHICH PROVIDE FOR THE IDENTIFICATION OF
INDIVIDUALS REQUESTING ENTRY TO THE BASE, DENIAL OF UNAUTHORIZED ENTRY,
DETECTION AND REPORTING POSSIBLE HOSTILE ACTS, AND WHICH PROVIDE A
DETERRENT FORCE AGAINST SMALL SCALE ATTACK.
4. EMERGENCY SECURITY OPERATIONS - THOSE SECURITY OPERATIONS
IMPLEMENTED DUE TO A LOCAL INCIDENT WHICH THREATENS TAIPEI AIR STATION
AND/OR USAF RESOURCES AND WHICH CALLS FOR ASSISTANCE FROM CMP RESPONSE
FORCES.
5. SECURITY CONDITION 3 - INFORMATION RECEIVED BY CMP ROOSEVELT ROAD
SUBSTATION OR USAF DESK SERGEANT THAT TAIPEI AIR STATION MAY BE ATTACKED
BY A HOSTILE FORCE.
6. SECURITY CONDITION 2 - INFORMATION RECEIVED BY CMP ROOSEVELT ROAD
SUBSTATION OR USAF DESK SERGEANT THAT TAIPEI AIR STATION WILL BE UNDER
ATTACK BY A HOSTILE FORCE.
7. SECURITY CONDITION 1 - TAIPEI AIR STATION IS CURRENTLY UNDER
ATTACK BY A HOSTILE FORCE.
SECTION III: SPECIFIC TERMS.
SECURITY FUNCTION CHINESE MILITARY POLICE 6213ABSQ/SECURITY POLICE
NORMAL SECURITY PROVIDE ENTRY CONTROL AND PROVIDE ENTRY CONTROL AND
OPERATIONS EXTERNAL SURVEILLANCE INTERNAL SECURITY FOR
DEMONSTRATIONS PROVIDE RESPONSE FORCE TO PROVIDE SECURITY POLICE AS
OR RIOTS WHICH PROTECT STATION PERSONNEL, AVAILABLE TO PROTECT
THREATEN TAIPEI PROPERTY, AND RESOURCES. STATION PERSONNEL,
AIR STATION PROPERTY AND RESOURCES.
EMERGENCY SECURITY OPERATIONS:
1. SECURITY ALERT FRIENDLY MILITARY ALERT AND RECALL ALL
CONDITION 3 FORCES FOR POSSIBLE SECURITY POLICE PERSONNEL.
2. SECURITY DISPATCH RESPONSE FORCE TO CLOSE EXIT GATES, DOUBLE
CONDITION 2 AIR STATION. PLAN FOR GUARD ON ENTRY GATE, FORM
SECURITY FUNCTION CHINESE MILITARY POLICE 6213ABSQ/SECURITY POLICE
3. SECURITY DEPLOY RESPONSE FORCE CLOSE ENTRY GATE. DEPLOY
CONDITION 1 AND ASSISTING FRIENDLY AVAILABLE SECURITY ALERT
SECTION IV: JOINT RESPONSIBILITY
1. BOTH THE TAIPEI CMP HEADQUARTERS AND THE USAF WILL REVIEW THIS
AGREEMENT ON A SEMI-ANNUAL BASIS AND UP-DATE IT AS REQUIRED.
2. BOTH THE TAIPEI CMP HEADQUARTERS AND THE USAF WILL COORDINATE AND
CONDUCT A JOINT EXERCISE ON A SEMI-ANNUAL BASIS TO ASSESS COMMUNICATION,
DEPLOYMENT, AND PROTECTION CAPABILITIES UNDER NORMAL AND EMERGENCY
CONDITIONS.
3. BOTH THE CMP ROOSEVELT ROAD SUBSTATION AND THE USAF SECURITY
POLICE DESK SERGEANT WILL BE THE FOCAL POINTS FOR COMMUNICATIONS FOR
SECURITY OPERATIONS. TO BRIDGE THE LANGUAGE BARRIER, THE CMP WILL
ASSIGN AN ENGLISH SPEAKING NONCOMMISSIONED OFFICER TO THE 6213TH AIR
BASE SQUADRON SECURITY POLICE SECTION AS A LIAISON MAN. IN ADDITION, A
DIRECT LINE TELEPHONE/ALARM WILL BE ESTABLISHED BETWEEN THE SECURITY
POLICE DESK SERGEANT AND THE ROOSEVELT ROAD CMP SUBSTATION.
SECTION V: SINO-AMERICAN EMERGENCY SECURITY ALERT PROCEDURES.
1. THE USAF SECURITY POLICE DESK SERGEANT IS LOCATED IN BUILDING P-9
ON TAIPEI AIR STATION. TELEPHONE NUMBERS ARE TTA 327412: EXT 555, 453,
357.
2. THE CMP RESPONSE FORCE IS LOCATED AT ROOSEVELT ROAD SUBSTATION.
TELEPHONE NUMBERS ARE: TTA 29536.
3. THE CMP LIAISON OFFICE IS LOCATED AT #39, HSIN SHENG SOUTH ROAD,
SECTION 3, IN THE MILITARY POLICE COMMAND COMPOUND. TELEPHONE NUMBER
DURING DUTY HOURS IS 711191, EXT 819.
4. THE TAIPEI MILITARY POLICE HEADQUARTERS IS LOCATED AT #65 CHUNG
HUA ROAD. TELEPHONE NUMBER DURING DUTY HOURS IS TTA 310282, THE CMP
OPERATIONS CENTER 24-HOUR TELEPHONE NUMBER IS TTA 319533.
5. THE CHINESE MILITARY POLICE AND THE USAF WILL KEEP EACH OTHER
ADVISED AS TO INCIDENTS OR INFORMATION INVOLVING THE SECURITY OF TAIPEI
AIR STATION AND USAF RESOURCES.
FOR THE CHINESE MILITARY POLICE FOR THE UNITED STATES AIR FORCE
SIGNED SIGNED
LIU, I-CHUN, COLONEL ROBERT J. CRAIG, LT COL, USAF
COMMANDER, TAIPEI MP HEADQUARTERS COMMANDER, TAIPEI AIR STATION