TREATIES AND OTHER INTERNATIONAL ACTS SERIES 09-105 

________________________________________________________________________ 

DEFENSE 

United Nations/African Union 

Mission in Darfur 

 Agreement Between the 

UNITED STATES OF AMERICA 

and the UNITED NATIONS 

Signed at New York January 5, 2009 

 

 

 with 

Attachment 
 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.” 
UNITED NATIONS 

Defense: United Nations/African Union 

Mission in Darfur 

 Agreement signed at New York January 5, 2009; 

 Entered into force January 5, 2009. 

 With attachment. 
AGREEMENT BETWEEN

THE UNITED STATES OF AMERICA

AND

THE UNITED NATIONS ORGANIZATION

CONCERNING

THE PROVISION OF SERVICES AND COMMODITIES ON A REIMBURSABLE

BASIS IN SUPPORT OF THE OPERATIONS OF THE UNITED NATIONS/AFRICAN

UNION MISSION IN DARFUR

PREAMBLE

The United States of America and the United Nations Organization, hereinafter referred to as the

"Parties,"

On the part of the United States of America, as represented by the Department of State of the

United States of America (hereinafter "Department of State"), acting under the authority of

section 607 of the Foreign Assistance Act of 1961, as amended, and other relevant authority;

On the part of the United Nations Organization, as represented by the Department of Field

Support, in accordance with United Nations Financial Regulations and Rules, and other relevant

authority;

Noting United Nations Security Council Resolutions 1769 and 1828 and previous relevant

resolutions relating to the formation and operations of United Nations —African Union Mission in

Darfur (UNAMID); and

Desiring to establish the terms and conditions for the provision of assistance by the United States

of America at the request of the United Nations Organization in support of UNAMID, with all

the costs for United Nations Organization requested assistance to be reimbursed to the

Department of State by the United Nations Organization;

Have agreed as follows:

ARTICLE I

SCOPE OF PROVISION OF SUPPORT

1. In order to support the United Nations Organization in the operations of UNAMID and in

accordance with the terms of this Agreement, the Department of State, at the written

request of the United Nations Organization, may provide to United Nations Organization

the following types of assistance, to the extent they are available, relating to or in support

of UNAMID on a reimbursable basis:

(a) The services and assistance required for the movement of 240 Twenty-foot

Equivalent Units (TEU) within Sudan as outlined in the attached Description of

Services, consistent with the relevant task order modifications of the September
25, 2008 contract between Department of State and ME (hereinafter "the

Contract") up to $15 million US dollars.

(b) Other, similar types of support services as required and agreed upon in writing by

the Parties.

2. As agreed to by the United States of America, or the Department of State, and the United

Nations Organization in writing, other types of assistance to the United Nations

Organization in support of UNAMID may be provided by the United States of America

on a reimbursable basis in accordance with this Agreement.

3. The Services to be provided shall be in accordance with the Contract, unless otherwise

agreed in writing. The Department shall enforce the provisions of the Contract at the

written request of the United Nations Organization so that the assistance provided

pursuant to this Agreement shall be of equal quality and caliber to that which the

Department of State is entitled pursuant to the Contract.

ARTICLE II

SUPPORT PROCEDURES AND REQUIREMENTS

1. Unless the written consent of the United States of America has first been obtained which

shall not be unreasonably withheld, the United Nations Organization shall not use or

permit the use of any assistance provided pursuant to this Agreement for purposes other

than to support UNAMID under applicable United Nations Security Council resolutions

or for other purposes as may be agreed between the Parties consistent with this

Agreement, or transfer or permit any officer, employee, or agent of the United Nations

Organization to transfer any assistance provided pursuant to this Agreement, by gift, sale,

or otherwise except as authorized pursuant to this Agreement and by the United Nations

Financial Regulations and Rules.

2. The Parties agree that the authorized users of any assistance provided pursuant to this

Agreement shall include all personnel assigned to UNAMID and authorized UNAMID

personnel.

3. The United Nations Organization shall maintain the security, to the extent of its capacity,

of any assistance provided pursuant to this Agreement, and shall provide it substantially

the same degree of security protection afforded by the United States of America.

4. The provision of assistance pursuant to this Agreement may be made subject to additional

terms and conditions as may be agreed to in individual implementing arrangements

executed in writing between the United States of America, or the Department of State,

and the United Nations Organization under this Agreement.

5. The Department of State and the United Nations Organization each waives all claims it

may have (other than claims associated with the reimbursement for assistance provided
hereunder) against the other Party for damage to, or loss or destruction of, its property or

injury or death to its personnel arising out of activities of the personnel of the other Party

pursuant to this Agreement. Claims of third parties filed against the Department of State

or the United Nations Organization for damages or loss caused by their respective

personnel, servants, agents or contractors, (including subcontractors) arising from

activities under this Agreement shall be resolved by the Party against which such claims

are filed in accordance with that Party's applicable laws, rules and regulations.

ARTICLE III

IMPLEMENTATION

1. The Department of State shall implement this Agreement for the United States of

America. The Department of Field Support shall implement this Agreement for the

United Nations Organization.

2. The Department of State and the United Nations Organization shall each designate a

representative to coordinate the provision of the services under this Agreement.

ARTICLE IV

REIMBURSEMENT PROCEDURES

1. All assistance provided by the United States of America under this Agreement shall be

fully reimbursed by the United Nations Organization within the time specified in

paragraph 3 of this Article.

2. The cost to be reimbursed by the United Nations Organization shall not exceed the actual

cost incurred by the Department of State in providing such assistance. In the event that

the Department of State recovers funds from its contractors or any sub-contractor due to

overcharging of contracts, or otherwise, the Department of State shall refund to the

United Nations Organization any amounts so recoverable are attributable to payments

made by the United Nations Organization hereunder.

3. The Department of State shall submit written invoices detailing the costs of assistance

provided under this Agreement to the United Nations Organization. A consolidated

Department of State invoice with supporting documentation shall be submitted on a

monthly basis. The United Nations Organization shall pay submitted invoices in U.S.

dollars to the Department of State within 60 days after receipt of the bills submitted

pursuant to this Article.

ARTICLE V

ORDERING AND RECEIPT OF EQUIPMENT, SUPPLIES, AND SERVICES

1. The provision of assistance under Article I of this Agreement shall be accomplished

under a Letter of Assist issued by an authorized United Nations Organization

representative in accordance with United Nations procedures and consistent with the

terms and conditions of this Agreement.
2. The Letter of Assist shall supply, as necessary, such additional details regarding, e.g.,

receipts, delivery procedures, and accounting shall be agreed upon by the Parties or their

representatives in writing prior to the delivery of any assistance.

3. In the event of any conflict between the terms and conditions of this Agreement and any

Letters of Assist or any other request issued by the United Nations, the terms of this

Agreement shall be controlling.

ARTICLE VI

SETTLEMENT OF DISPUTES

Any dispute arising under this Agreement shall be resolved through consultations between

the Parties to this Agreement or their representatives and shall not be referred to any third

party.

ARTICLE VII

ENTRY INTO FORCE, DURATION, AMENDMENT AND TERMINATION

1. This Agreement shall enter into force upon signature and shall remain in force for a

period of five years. This Agreement shall apply to assistance provided by the

Department of State in accordance with Article 1 beginning September 25, 2008.

2. This Agreement may be amended by the written agreement of the Parties and may be

terminated by either Party upon 30 days written notification to the other Party.

3. Notwithstanding the termination of this Agreement, the obligations of the Parties in

accordance with Article II and Article IV of this Agreement shall continue to apply,

unless otherwise agreed in writing by the Parties.

1

DONE at 

kJ (4- this day of 2001,

,

 in duplicate.

FOR THE UNITED STATES FOR THE UNITED NATIONS

OF AMERICA: ORGANIZATION:

ealfrit< 0(644 M <c,1
Attachment 1

Description of services

United States of America assistance for the airlift of un owned (UNOE) and Contingent

Owned Equipment (COE) from El Obeid and Nvala to El Geneina, Sudan in support of

UNAMID

I. SITUATION

The United Nations has come to an agreement with the Government of the United States

for the Government (USG) to provide cargo airlift services to assist with the airlift of UN

owned and contingent-owned equipment from El Obeid and Nyala, Sudan to El Geneina,

Sudan in support of UNAMID. This airlift assistance will augment the ongoing airlift

arranged by the UN using commercially contracted aircraft on both a short term and a

long term basis.

The tasking authority for aircraft contracted by the USG for the UN rests with the USG,

but will be closely coordinated with the Chief of the Movement Control

Section/TMS/LSD/DFS as executed jointly through the Chief of Movement Control and

Chief of Air Operations UNAMID.

2. MISSION

To provide in-mission cargo airlift services for the movement of 240 Twenty-foot

equivalent Container Units (to include containers, vehicles and/or break bulk cargo 5,

meeting operational requirements in the most economical and cost-effective manner,

between El Obeid and Nyala to El Geneina, Sudan. Both sides anticipate that this will be

completed in no more than 240 and no less than 210 L-100 flights. The United Nations

will reimburse only for actual costs; any cost-savings realized through improved

efficiency of delivery or other lower costs will be passed through to the United Nations.

3. EXECUTION

a. Concept of Operations. DFS' intent is to commence cargo movement flight

operations in support of UNAMID on or about 15 Dec 08. The aircraft L-I00

will be based Nyala, Sudan (or in any other airfield in Sudan upon agreement

between the UN and the US Government) and will be for the exclusive use of the

United Nations for the duration of the airlift. Use of this aircraft, for purposes

other than those authorized by the UN is strictly prohibited. The USG will have

overall planning and cargo tasking authority for this aircraft and will coordinate

movement activity directly with the Movement Control Section UNAMID,

keeping the Movement Control Section/TMS/LSD informed on all movement

activity.

b. ings & Tasks.

It is estimated that a 60/40 per cent relationship between containers and other cargo (vehicles and break

bulk)

1
Movement Control Section,TMS/LSD/DFS

(1) Grouping. Assign an MCS Desk Officer (Mr. Jose Solorzano) as

overall focal point for all movement activity involving the US

airlift.

(2) Tasks and Responsibilities.

(a) The Movement Control Section.TMS/LSD/DFS will be

the overall planning and coordinating responsibility for

all movements to be conducted by this aircraft.

(b) The MCS will be the approving authority for movement

of any personnel travel requests as per DPKO/DFS

transportation related Manuals and Directives.

(c) Provide briefings and SITREPS to UNHQ senior

management, and other parties, as and when required.

(d) Receive and process invoices within 60 days.

ii. UNAMID.

(1) Grouping. Assign suitable number of Air Ops and Movcon

Specialists to coordinate MCS authorized movement operations

for daily flight coordination.

(2) Tasks.

(a) Assist with any over flight and landing clearances that

may be required. The US Government/Air Operator will

be applying for all over flight and landing permissions

through the regular Civil Aviation Authority (CAA)

channels, however UNAMID assistance with obtaining

diplomatic clearances may be required.

(b) Coordinate with the US Government/Air Operator on

the flight schedule, cargo numbers and passengers

(where applicable). Schedules and cargo will be

prepared by the UN with sufficient time for the

processing of all flight clearances.

(c) Timely positioning and removal of all equipment

to/from predetermined airport apron pick-up locations.

(d) Knowing the status and whereabouts of the aircraft at all

times (in conjunction with the US Government/Air

Operator's flight following system.

2
(e) Issuing weekly and daily flight schedules in coordination

with MCS/TMS/LSD. Issuing Internal Movement

Orders and executing internal movement of passengers

and cargo to meet the flight schedules.

(0 Completing passenger and cargo manifests (including all

documentation and requirements for the carriage of

Dangerous Goods).

(g) Providing Movcon Specialists for flights as and when

required.

(h) Completing Movement Completion Reports (MCR) and

submit them to all concerned parties.

(i) Issuing Letters of Support to aid the US Government/Air

Operator, as and when required.

Verify invoices stating what services were rendered and

submit to the MCS/TMS/LSD.

(k) Maintain an accurate spreadsheet on all flight activity

conducted in support of UNAMID.

(I) Provide briefings and SITREPs to MCS as required.

iii. US Government

(1) Grouping. Provision of one (1) L-100 (with a cargo carrying

capacity of 135 cubic meters in the cargo hold) and sufficient

crew to: conduct up to 240 flights to move UN owned and

contingent owned equipment and supplies (including Dangerous

Goods) between El Obeid and Nyala to El Geneina, Sudan.

Along with the aircraft, the US Government should provide:

a. One (1) x K-loader of 15 mtons capacity to be positioned at

Nyala,

b. A minimum of 20 Milstd L pallets (not flexible).

c. A minimum of 40 sets of cargo nets and 60 straps.

(2) Tasks.

(a) Conduct all cargo flights as requested by Movement

Control/UNAMID.

(b) Provide sufficient licensed crews.

(c) Provide an Operations Manager, as required in Darfur, to

coordinate flight operations with UNAMID Movement

Control.

3
(d) Ensure that the aircraft is properly operated and

maintained to carry out assigned tasks in accordance

with ICAO Standards and Recommended Practices

(SARPS) contained in the Annexes of the Chicago

Convention

(e) Plan the final flight routing (including all timings) in

accordance with the requirements given by the

UNAMID Movement Control.

Provide operational control facilities as required in

Darfur including to act as the central point of contact for

UNAMID Movement Control.

(g) Being aware of the status of the aircraft at all times.

(h) Acquire all over flight and landing permissions. UN

assistance will be provided, where necessary.

Arrange ground handling to include, but not limited to,

terminal support, cargo loading/offloading, personnel

embarkation/disembarkation (if and when required)

aircraft services (fuel, cleaning, etc) and crew

transportation and accommodation.

Operation of MHE provided in the form of one(1) kloader.

(k) Direct liaison with UNAMID Movement Control

personnel to coordinate cargo weighing and loading

preparation as well as pre-boarding activity prior to

aircraft arrival, passenger preparation and manifesting (if

and when applicable). (Air Operator is responsible for

ensuring that all passengers and cargo are properly

prepared for boarding).

(1) Submit all invoices to the Chief of Movement Control

UNAMID for verification and on-forwarding to the

USG, which will forward to the Chief MCS/TMS/LSD

for final review and payment processing. All invoices

should be accompanied with a summarized report. The

report should include, but not limited to, dates of flights,

flight number, aircraft registration, APOE and APOD,

cargo and passengers moved, etc.

(m) Provide briefings and SITREPs to MCS/TMS/LSD as

requested and agreed by the USG.

d. Coordinating Instructions.

i. Timings.

4

NOTE: Subparagraph d. appears to be out of sequence.
(1) Aircrafts to be positioned in Darfur on or about 9 January 2009.

ii. Commercial Contract Details/Timings. To be provided in due course.

3. SERVICE & SUPPORT

a. Food & Accommodation. UNAMID will provide all catering for any passengers

being moved on the US provided aircraft.

b. Transportation. The transportation of the aircrafts' crews, are a vendor

responsibility.

c. Invoicing. All invoices related to the use of the US provided aircraft are to be

submitted to the Chief Movement Control/UNAMID who will verify that the

services were rendered. These invoices will then be on-forwarded the USG for

approval and then the Chief of the MCS/TMS/LSD for processing.

4. COMMAND & SIGNALS

a. MCS/TMS/LSD Points of Contact

i. James Smith, Chief MCS/TMS/LSD

Office: + 1212 963-0232

Fax: + 1 917 367-2423

Email: smith6@un.org

ii. Josd SolOrzano, MCS Desk Officer for UNAMID

Office: + 1 917 367-3473

Fax: + 1 917 367-2423

Email: solorzu

b. UNAMID Points of Contact.

i. Christer Roing, OIC Movcon

Tel.: + 249 922 4102 89

Email: unamid-movcon-chief@un.org

ii. Rocky Hoare, Movcon Operations

Tel.: + 249 922 343 176

Email: unamid-movcon-o eratiorg

James Smith, Chief

Movement Control Section

TMS/LSD/DFS

MAMissionstUNAMID WovementM2008 \Air Bridge\ US Offer - 1 x1-100kAnnex to 607 agreement.doc

5

NOTE: The paragraph number "3" appears to be duplicated in this attachment.