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TREATIES AND OTHER INTERNATIONAL ACTS SERIES 20-807 

DEFENSE 

Assistance 

Agreement Between the 

UNITED STATES OF AMERICA 

and FIJI 

Signed at Suva 

August 7, 2020 

Entered into force August 7, 2020 

With related exchange of notes 
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.”
AGREEMENT BETWEEN 

THE GOVERNMENT OF THE UNITED STATES OF AMERICA 

AND 

THE GOVERNMENT OF THE REPUBLIC OF FIJI 

REGARDING 

THE FOREIGN ASSISTANCE ACT OF 1961, AS AMENDED, 

OR SUCCESSOR LEGISLATION, 

THE ARMS EXPORT CONTROL ACT, AS AMENDED, 

10 U.S.C. § 333 AND OTHER DEPARTMENT OF DEFENSE 

AUTHORITIES, 

AND THE FURNISHING ON A GRANT BASIS OF DEFENSE ARTICLES, 

RELATED TRAINING, AND OTHER DEFENSE SERVICES 

FROM THE UNITED STATES OF AMERICA 

TO 

THE REPUBLIC OF FIJI 

UNDER SUCH AUTHORITIES 

The Gc;vernment of the United States of America and the Government of the 

Republic of Fiji (hereinafter referred to as the "Parties"), 

Referri 1g to grants under the Foreign Assistance Act of 1961, as amended, or 

succesi or legislation; the Arms Export Control Act, as amended; 10 U.S.C. Section 

333, ar 1 other Department of Defense authorities; and the furnishing on a grant 

basis o 'defense articles, related training, including training materials, or other 

defense services, from the United States of America to the Government of the 

Repub} c of Fiji under such authorities, and 

Furthe1 referring to the Agreement between the Government of the United States 

of Amnica and the Government of the Republic of Fiji concerning the provision of 

training related to defense articles under the United States International Military 

Education and Training (IMET) program, effected by exchange of notes at Suva, 

Noverr ')er 18, 1985, and February 14, 1986 ("1986 Agreement"), 
Have agreed as follows, 

A. The terms "defense articles, related training, including training materials, or 

other defense services"; "defense article"; and "articles and services" include any 

items and services furnished by the United States Government to the Republic of 

Fiji on a grant basis, under the provisions of this Agreement, pursuant to the 

applicable authorities of the Foreign Assistance Act of 1961, as amended, or 

successor legislation, the Arms Export Control Act, as amended, 10 U.S.C Section 

333, or, in accordance with paragraph F below, other Department of Defense 

authorities. 

B. Unless the written consent of the Government of the United States of America 

has been first obtained, the Government of the Republic of Fiji shall not: 

(I) Permit any use of defense articles, related training, including training materials, 

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

Government of the Republic of Fiji; 

(II) Transfer, or permit any officer, employee, or agent of the Government of the 

Republic of Fiji to transfer defense articles, related training, including training 

materials, or other defense services by gift, sale, or otherwise; or 

(III) Use, or permit the use of, defense articles, related training, including training 

materials, or other defense services for purposes other than those for which 

furnished. 

C. Defense articles, related training, including training materials, or other 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. 

D. The net proceeds of sale received by the Government of the Republic of Fiji 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. 

E. The Government of the Republic of Fiji shall maintain the security of defense 

articles, related training, incl{ing training materials, or other defense services; 

I ~ I 

~ 57 
that it shall provide substantially the same degree of security protection to defense 

articles, related training, including training materials, or other defense services as 

that afforded to such items and services by the Government of the United States of 

Americ~; and that it shall, as the Government of the United States of America may 

require~ permit continuous observation, scheduled inspections, physical 

inventories, 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 Republic of Fiji. 

F. The Government of the United States of America may also, from time to time, 

make the provision of articles and services furnished under other authority subject 

to the terms and conditions of the agreement proposed herein. 

G. Upon entry into force, this Agreement shall supersede in its entirety the 

aforementioned 1986 Agreement. 

H. This Agreement shall enter into force upon signature. 

IN WITNESS WHEREOF, the undersigned, being duly authorized by their 

respective Governments, have signed this Agreement. 

DONE, at Suva, on this ·9- day of __ /4 __ &_u_.s_· ~~( __ , 2020, in duplicate, in 

the English language. 

FOR THE GOVERNMENT FOR THE GOVERNMENT 

OF THE UNITED STATES OF THE REPUBLIC 

OFFIJI: ~-) 

l.._____, 

OF AMERICA: 
FJ-007-2021 

The Embassy of the United States of America presents its 

compliments to the Ministry of Foreign Affairs of the Republic of Fiji and 

has the honor to refer to the Agreement between the Government of the 

United States of America and the Government of the Republic of Fiji 

regarding the Foreign Assistance Act of 1961, as amended, or successor 

legislation, the Arms Export Control Act, as amended, 10 U.S.C. § 333 and 

other Department of Defense authorities, and the furnishing on a grant basis 

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

United States of America to the Republic of Fiji under such authorities, 

signed at Suva August 7, 2020, and entered into force on that date (the 

"Agreement"). 

The Government of the United States of America has identified a 

printing defect on the first page of the Agreement, in the three preambular 

patagraphs that follow the title, rendering certain words in those paragraphs 

illegible. The Embassy, on behalf of the Government of the United States of 

America, therefore proposes to confirm that the aforementioned paragraphs 

read as follows: 

The Government of the United States of America and the Government 

of the Republic of Fiji (hereinafter referred to as the "Parties"), 

DIPLOMATIC NOTE 
-2-

Referring to grants under the Foreign Assistance Act of 1961, as 

amended, or successor legislation; the Arms Export Control Act, as 

amended; 10 U.S.C. Section 333, and other Department of Defense 

authorities; and the furnishing on a grant basis of defense articles, 

related training, including training materials, or other defense 

services, from the United States of America to the Government of the 

Republic of Fiji under such authorities, and 

Further refe1Ting to the Agreement between the Government of the 

United States of America and the Government of the Republic of Fiji 

concerning the provision of training related to defense articles under 

the United States International Military Education and Training 

(IMET) program, effected by exchange of notes at Suva, November 

18, 1985, and February 14, 1986 ("1986 Agreement"), 

The Embassy further proposes that if it is the understanding of the 

Government of the Republic of Fiji that the above text correctly represents 

the text in the Agreement, this Note and the attached Ministry of Foreign 

Affairs' affirmative Note in reply constitute an understanding between the 

two Governments confirming the content of the Agreement. 
-3-

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

opportunity to renew to the Ministry of Foreign Affairs of the Republic of 

Fiji the assurances of its highest consideration. 

Embassy of the United States of America 

Suva, January 12, 2021 
NOTE NO: 369/2021 

The Ministry of Foreign Affairs of the Government of the Republic of Fiji presents its 

compliments to the Embassy of the United States ?f America in Suva and has the 

honour to acknowledge receipt of Note FJ-007-2021 of January 12, 2021 from the 

Embassy of the United States of America "proposing an understanding regarding a 

printing defect in the Agreement between the Government of the United States of 

America and the Government of the Republic of Fiji regarding the Foreign Assistance 

Act of 1961, as amended, or successor legislation, the Arms Export Control Act, as 

amended, 10 U.S.C § 333 and other Department of Defense authorities, and the 

furnishing on a grant basis of defense articles, related training, and other defensive 

services from the United States of America to the Republic of Fiji under such 

authorities, signed at Suva August 7, 2020, and entered into force on that date (the 

"Agreement"), which reads as follows: 

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

of Foreign Affairs of the Republic of Fiji and has the honor to refer to the Agreement 

between the Government of the United States of America and the Government of the 

Republic of Fiji regarding the Foreign Assistance Act of 1961, as amended, or successor 

legislation, the Arms Export Control Act, as amended, 10 U.S.C § 333 and other 

Department of Defense authorities, and the furnishing on a grant basis of defense 

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

to the Republic of Fiji under such authorities, signed at Suva August 7, 2020, and 

entered into force on that date (the "Agreement"). 

The Government of the United States of America has identified a printing defect on 

the first page of the Agreement, in the three preambular paragraphs that follow the 

title, rendering certain words in those paragraphs illegible. The Embassy, on behalf of 

the Government of the United States of America, therefore proposes to confirm that 

the aforementioned paragraphs read as follows: 

The Government of the United States of America and the Government of the 

Republic of Fiji (hereinafter referred to as the "Parties"), 

Referring to grants under the Foreign Assistance Act of 1961, as amended, or 

successor legislation; the Arms Export Control Act, as amended; 10 U.S.C 
Section 333, and other Department of Defense authorities; and the furnishing 

on a grant basis of defense articles, related training, including training 

materials, or other defense services, from the United States of America to the 

Government of the Republic of Fiji under such authorities, and 

Further referring to the Agreement. between the Government of the United 

States of America and the Government of the Republic of Fiji concerning the 

provision of training related to defense articles under the United States 

International Military Education and Training (IMET) program, effected by 

exchange of notes at Suva, November 18, 1985, and February 14, 1986 ("1986 

Agreement"), 

The Embassy further proposes that if it is the understanding of the Government of the 

Republic of Fiji that the above text correctly represents the text in the Agreement, this 

Note and the attached Ministry of Foreign Affairs' affirmative Note in reply constitute 

an understanding between the two Governments confirming the content of the 

Agreement. 

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

to the Ministry of Foreign Affairs of the Republic of Fiji the assurances of its highest 

consideration. 

The Ministry confirms that the proposal contained in the Embassy's Note is acceptable 

to the Government of the Republic of Fiji and that the Embassy's Note and this Note 

in response constitute an understanding between the two Governments confirming 

the content of the Agreement. 

The Ministry of Foreign Affairs of the Government of the Republic of Fiji avails itself 

of this opportunity to renew to the Embassy of the United States of America in Suva 

the assurances of its highest consideration. 

Embassy of the United States of America 

158 Princess Road 

Tamavua 

Suva 

Fiji. 

7 April, 2021.