TREATIES AND OTHER INTERNATIONAL ACTS SERIES 13111 

________________________________________________________________________ 

DEFENSE 

 Agreement Between the 

UNITED STATES OF AMERICA 

and NIGERIA 

Effected by Exchange of Notes 

Dated at Abuja July 27 and 

August 17, 2000 

 

 
 NOTE BY THE DEPARTMENT OF STATE 

 Pursuant to Public Law 89—497, approved July 8, 1966 

(80 Stat. 271; 1 U.S.C. 113)—

“. . .the Treaties and Other International Acts Series issued 

under the authority of the Secretary of State shall be competent 

 evidence . . . of the treaties, international agreements other than 

treaties, and proclamations by the President of such treaties and 

international agreements other than treaties, as the case may be, 

therein contained, in all the courts of law and equity and of maritime 

jurisdiction, and in all the tribunals and public offices of the 

United States, and of the several States, without any further proof 

or authentication thereof.” 
 NIGERIA 

 Defense 

Agreement effected by exchange of notes 

Dated at Abuja July 27 and August 17, 2000; 

Entered into force August 17, 2000. 
EMBASSY OF THE

UNITED STATES OF AMERICA

No. 108

The Embassy of the United States of America presents its compliments to the

Ministry of Foreign Affairs of the Federal Republic of Nigeria and has the honor to refer

to earlier discussions between representatives of the two Governments regarding grants

under the Foreign Assistance Act of 1961, as amended, or successor legislation, and the

furnishing of defense articles, related training, and other defense services from the United

States of America to the Government of the Federal Republic of Nigeria.

In accordance with these discussions, it is proposed that the Government of the

Federal Republic of Nigeria agree:

that unless the consent of the Government of the United States of America has

been first obtained, the Government of the Federal Republic of Nigeria shall not:

permit any use of any such defense article or related training or other

defense service by anyone not an officer, employee or agent of the

Government of the Federal Republic of Nigeria;

transfer or permit any officer, employee or agent of the Government of the

Federal Republic of Nigeria to transfer such articles or related training or

other defense services by gift, sale or otherwise; or

use or permit the use of such articles or related training or other defense

services for purposes other than those for which provided;
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that said articles or related training or defense services shall be returned to the

Government of the United States of America when they are no longer needed for

the purposes for which they were furnished, unless the Government of the United

States of America consents to another disposition;

that the net proceeds of sale received by the Government of the Federal Republic

of Nigeria in disposing of, with prior written consent of the Government of the

United States of America, any defense article furnished by the Government of the

United States of America on a grant basis, including scrap from any such defense

article, shall be paid to the Government of the United States of America;

that the Government of the Federal Republic of Nigeria shall maintain the security

of such articles, related training, and other defense services;

that itshall provide substantially the same degree of security protection afforded

to such articles or related training or other defense services by the Government of

the United States of America;

that it shall, as the United States may require, permit continuous observation and

review by, and furnish necessary information to, representatives of the

Government of the United States of America with regard to the use thereof by the

Government of the Federal Republic of Nigeria; and
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that the Government of the United States of America may also from time to time

make the provision of other defense articles, related training and other defense

services furnished under other authority (except the United States Arms Export

Control Act) subject to the terms and conditions of this agreement. (Transfer

under the United States Arms Export Control Act shall continue to, be governed

by the requirements of that act arid United States regulations applicable to such

transfers).

The Ministry's reply stating that the foregoing is acceptable to the Government of

the Federal Republic of Nigeria shall, together with this note, constitute an agreement

between the two Governments which shall enter into force on the date of the Ministry's

reply.

The Embassy of the United States of America avails itself of this opportunity to

renew to the Ministry of Foreign Affairs of the Federal Republic of Nigeria the

assurances of its highest consideration.

Embassy of the United States of America

Abuja, July 27, 2000
NOTE NO J 932/2000

The Ministry of the Foreign Affairs of the Federal Republic

of Nigeria presents its compliments to the Embassy of the United

States of America and has the honour to refer to the latter's Note

No. 108 of 27th July, 2000, the content of which inter alia states as

follows:

"The Embassy of the United States of America presents its

compliments to the Ministry of Foreign Affairs of the Federal

Republic of Nigeria and has the honor to refer to earlier

discussions between representatives of the two Governments

regarding grants under the Foreign Assistance Act of 1961,

as amended, or successor legislation, and the furnishing of

defense articles, related training, and other defense services

from the United States of America to the Government of the

Federal Republic of Nigeria.

In accordance with these discussions, it is proposed

that the Government of the Federal Republic of Nigeria

agree:

that unless the consent of the Government of the United

States of America has been first obtained, the Government of

the Federal Republic of Nigeria shall not:

1
permit any use of any such defense article or related

training or other defense service by anyone not an

officer, employee or agent of the Government of the

Federal Republic of Nigeria;

transfer or permit any officer, employee or agent of the

Government of the Federal Republic of Nigeria to

transfer such articles or related training or other

defense services by gift, sale or otherwise; or

use or permit the use of such articles or related training

or other defense services for purposes other than those

for which provided;

that said articles or related training or defense services

shall be returned to the Government of the United

States of America when they are no longer needed for

the purposes for which they were furnished, unless the

Government of the United States of America consents to

another disposition;

that the net proceeds of sale received by the

Government of the Federal Republic of Nigeria in

disposing of with prior written consent of the

Government of the United States of America, any

defense article furnished by the Government of the

2
United States of America on a grant basis, including

scrap from any such defense article, shall be paid to the

Government of the United states of America;

that the Government of the Federal Republic of Nigeria

shall maintain the security of such articles, related

training, and other defense services;

that it shall provide substantially the same degree of

security protection afforded to such articles or related

training or other defense services by the Government of

the United States of America;

that it shall, as the United States may require, permit

continuous observation and review by, and furnish

necessary information to, representatives of the

Government of the United States of America with

regard to the use thereof by the Government of the

Federal Republic of Nigeria; and

that the Government of the United States of America

may also from time to time make the provision of other

defense articles, related training and other defense

services furnished under other authority (except the

United States Arms Export Control Act) subject to the

terms and conditions of this agreement. (Transfer

3
under the United States Arms Export Control Act shall

continue to be governed by the requirements of that act

and United States regulations applicable to such

transfers).

The Ministry's reply stating that the foregoing is acceptable

to the Government of the Federal Republic of Nigeria shall,

together with this note, constitute an agreement between the two

Governments which shall enter into force on the date of the

Ministry's reply.

The Ministry of Foreign Affairs of the Government of the

Federal Republic of Nigeria has the honour to confirm that the

proposals set forth in the Embassy's Note no. 108 of 27th July,

2000, as herein quoted, are acceptable to the Government of the

Federal Republic of Nigeria and that the Embassy's Note and this

Note shall constitute an Agreement between the two Governments

Abuja, 17th August, 2000which shall enter into force on this date.

Embassy of the United States of America

9 Mambilla Street

Maitama District

ABUJA

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