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TREATIES AND OTHER INTERNATIONAL ACTS SERIES 18-625 

DEFENSE 

Agreement between the 

UNITED STATES OF AMERICA 

and AFGHANISTAN 

Effected by Exchange of Notes at 

Kabul June 13, 2017 and June 25, 2018 
 

 

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.” 
 

 

 

 

AFGHANISTAN 

Defense 

Agreement effected by exchange of notes at Kabul 

June 13, 2017 and June 25, 2018; 

Entered into force June 25, 2018. 
No. 17-1153 

The Embassy ofthe United States ofAmerica presents its compliments to 

the Ministry ofForeign Affairs ofthe Islamic Republic ofAfghanistan and has the 

honor to refer to earlier discussions between representatives ofthe two 

Governments regarding the Foreign Assistance Act of 1961 or successor 

legislation, including International Military Education and Training (IMET); 

Peacekeeping Operations; the Afghanistan Security Forces Fund; the Arms Export 

Control Act; 10 U.S.C. § 333, and other Department ofDefense authorities; and 

the furnishing on a grant basis ofdefense articles, related training, and other 

defense services, from the United States ofAmerica to the Government ofthe 

Islamic Republic ofAfghanistan under such authorities. 

In this regard, the Embassy has the honor to refer to the Agreement between 

the Government ofthe United States ofAmerica and the Afghanistan Interim 

Administration regarding grants under the Foreign Assistance Act of 1961, as 

amended, or successor legislation, and the furnishing ofdefense articles, defense 

services and related training, including pursuant to the United States IMET 

DIPLOMATIC NOTE 
program, from the United States ofAmerica to the Afghanistan Interim 

Administration, effected by exchange ofnotes at Kabul on April 6 and 13, 2002 

(2002 Agreement). 

In connection with these discussions, the Embassy proposes that the 

Government ofthe Islamic Republic ofAfghanistan agree: 

A. That, unless the consent ofthe Government ofthe United States of 

America has been first obtained, the Government ofthe Islamic Republic of 

Afghanistan shall·not: 

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

training materials, or other defense services by anyone not an officer, 

employee, or agent ofthe Government ofthe Islamic Republic of 

Afghanistan; 

(11) Transfer, or permit any officer, employee, or agent ofthe Government of 

the Islamic Republic ofAfghanistan to transfer, such defense articles, related 

training, including training materials, or other defense services by gift, sale, 

or otherwise; or 

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

including training materials, or other defense services for purposes other 

than those for which provided. 
B. That such defense articles, related training, including training materials, 

or other defense services shall be returned to the Government ofthe United States 

ofAmerica when they are no longer needed for the purposes for which they were 

furnished, unless the Government ofthe United States ofAmerica consents to 

another disposition; 

C. That the net proceeds ofsale received by Government ofthe Islamic 

Republic ofAfghanistan in disposing of, with prior written consent ofthe 

Government ofthe United States ofAmerica, any defense article furnished by the 

Government ofthe United States ofAmerica on a grant basis, including scrap from 

any such defense article, shall be paid to the Government ofthe United States of 

America; 

D. That the Government ofthe Islamic Republic ofAfghanistan shall 

maintain the security ofsuch defense articles, related training, including training 

materials, or other defense services; that it shall provide substantia1ly the same 

degree ofsecurity protection as that afforded to such defense articles, related 

training, including training materials, or other defense services by the Government 

ofthe United States ofAmerica; and that it shall, as the Government ofthe United 

States ofAmerica may require, permit continuous observation, scheduled 
inspections, physical inventories, and review by, and furnish necessary information 

to, representatives ofthe Government ofthe United States ofAmerica with regard 

to the use thereof by the Government ofthe Islamic Republic ofAfghanistan; and 

E. That the Government ofthe United States ofAmerica may also, from 

time to time, make the provision ofarticles and services furnished under other 

authority subject to the terms and conditions ofthe agreement proposed herein. 

If the foregoing proposals are acceptable to the Government of the Islamic 

Republic of Afghanistan, the Embassy proposes that this note and a note from the 

Ministry ofForeign Affairs to that effect shall constitute an agreement between the 

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

and shall supersede in its entirety the aforementioned 2002 Agreement. 

The Embassy ofthe United States ofAmerica avails itself ofthis 

opportunity to renew to the Ministry ofForeign Affairs ofthe Islamic Republic of 

Afghanistan the assurances ofits highest consideration. 

Embassy ofthe United States ofAmerica, 

Kabul, June 13, 2017. 
Islamic Republic ofAfghanistan 

MINISTRYofFOREIGN AFFAIRS 

No: 548 

Date: June 25•h, 2018 

Afghanistan Response Note to the U.S. Note No.17-1153 

The Ministry of Foreign Affairs of the Islamic Republic of Afghanistan presents its 

compliments to the esteemed Embassy of the United States of America in Kabul, references 

to the Ministry note No. 1207, dated February 14, 2018, and acknowledges receipt of the 

Embassy's Diplomatic Note No. 17-1153 dated June 13, 2017, which reads as follow: 

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

Ministry of Foreign Affairs of the Islamic Republic of Afghanistan and has the honor 

to refer to earlier discussions between representatives of the two Governments 

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

including International Military Education and Training {IMET); Peacekeeping 

Operations; the Afghanistan Security Forces Fund; the Arms Export Control Act; IO 

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 Government of the Islamic Republic of Afghanistan 

under such authorities. 

In this regard, the Embassy has the honor to refer to the Agreement between the 

Government of the United States of America and the Afghan Interim Administration 

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

legislation, and the furnishing of defense articles, defense services and related 

training, including pursuant to the United States IMET program, from the United 

States of America to the Afghanistan Interim Administration, effected by an exchange 

of notes at Kabul on April 6 and April 13, 2002 (2002 Agreement). 

In connection with these discussions, the Embassy proposes that the Government of 

the Islamic Republic ofAfghanistan agrees: 

A. That, unless the consent of the Government of the United States of America has 

been first obtained, the Government of the Islamic Republic of Afghanistan shall 

not: 

1 
(I) Permit any use of such defense articles, related training, including training 

materials, or other defense services by anyone not an officer, employee, or 

agent of the Government ofthe Islamic Republic of Afghanistan; 

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

. Islamic Republic of Afghanistan to transfer, such defense articles, related 

training, including training materials, or other defense services by gift, sale, or 

otherwise; or 

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

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

which provided. 

8. That such 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; 

C. That the net proceeds of sale received by Government of the Islamic Republic of 

Afghanistan 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; 

D. That the Government of the Islamic Republic of Afghanistan shall maintain the 

security of such defense articles, related training, including training materials, or 

other defense services; that it shall provide substantially the same degree of 

security protection as that afforded to such defense articles, related training. 

including training materials, or other defense services by the Government of the 

United States of America; 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 Islamic Republic of Afghanistan; and 

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E. That the Government ofthe 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. 

If the foregoing proposals are acceptable to the Government of the Islamic Republic 

of Afghanistan, the Embassy proposes that this note and ,a note from the Ministry of 

Foreign Affairs to that effect shall constitute an agreement between the two 

Governments, which shall enter into force on the date of the Ministry's note and shall 

supersede in its entirety the aforementioned 2002 Agreement. 

The Ministry of Foreign Affairs of the Government of the Islamic Republic of Afghanistan 

has the honor to confirm that the proposals set forth in the Embassy's note, quoted above, are 

acceptable to the Government of the Islamic Republic of Afghanistan and that the Embassy's 

note No. 17-1153 dated June 13, 2017 and this note in reply shall constitute an agreement 

between the two Governments which shall enter into force on the signed date and shall 

supersede in its entirety the aforementioned 2002 Agreement. 

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