TREATIES AND OTHER INTERNATIONAL ACTS SERIES 02-1218

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DEFENSE ASSISTANCE

Agreement between the

UNITED STATES OF AMERICA

and ITALY

Effected by Exchange of Notes

Dated at Rome October 11 and December 18, 2002
 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.”
ITALY

Defense Assistance

Agreement effected by exchange of notes 

 Dated at Rome October 11 and December 18, 2002; 

 Entered into force December 18, 2002.

 
The EMbassy of the United States of America presents

its compliments to the Ministry of Foreign Affairs of the

Government of Italy and refers to the provision of united

States law that requires th© Government of the United

States of America, prior to a grant under the Foreign

Assistance Act of 1961, as amended, or Successor

legislation, or sale or lease under Section 3 of the Arms

;Export Control Act, as amended, or successor legislation, of

defense articles, related training and ocher defense'

services, to obtain assurances from recipient nations of

such defense articles, related training and other defense

services. The Government Of the United States of America is

currently and may in the future be providing assistance to

the Government of Bulgaria, as the Headquarters Host Nation

of the South Eastern European Brigade (SEEBRIG), as well as

to future SEEBRIG Headquarters Host Nations for the

establishment of a Communications Information System (CIS),

-..fOr use by all SEEBRIG member states in furtherance of

SERBR/G operations. Prior to permitting the temporary

transfer and use of any such defense articles, related

training and other defense services from the Government of

Bulgaria or any other SEEBRIG member nation acting as the

SEEBRIG Headquarters Host Nation, to the Government of Italy

for use in SEEBRIG operations, the Government of the United

States of America is required to obtain from the Government

of Italy the assurances below:
A. That unless the consent of the Government of the

United States of America has been first obtained, the

Government of Italy shall not:

(I) Use or permit the use of such defense articles,

related training or other defense services for purposes

other than for SEEBRIG operations;

(II) Permit any use of such defense articles, related

training or other defense services by anyone not an officer,

employee or agent of the Government of Italy;

(III) Transfer or permit any officer, employee or

agent of the Government of Italy to transfer such defense

articles, related training or other defense services by

gift, sale, or otherwise, except to the SEEBRIG Headquarters

Host Nation.

B. That when acting as the SEEBRIG Headquarters Host

Nation, the Government of Italy acknowledges its

responsibility for security, control, inventory, service and

maintenance of the defense articles, related training and

other defense services provided to SBEBRIG by the United

States Government. In furtherance of its custodial role, it

will be responsible for and will ensure the proper

administration and temporary distribution of subject defense

articles, related training and other defense services to

SEEBRIG member states for use in SEEBRIG operations_
Government of Italy provides its assurances that:

(1), it shall not transfer or permit any officer,

eMployee,jor agent of the Government of Italy to transfer

such defense articles, related training or other defense

services to anyone .not an officer, employee or agent of the .

government of a SEEBRIG member state;

(II) it Will not permit the use of such defense

articles,! related training, or other defense services by

anyone not an officer, employee or agent of the government

Of a SEEBRIG member state;

(III) it shall not use or permit the use of such

defense articles, related training or other defense services

for PurPOSes other than for SEERRIG operations;

Mil it shall return to the Government of the United

States of America said defense articles, related training or

other de fense services provided with peace keeping

operations funds from 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 provides written consent to another

disposition; and

On finally, it shall not permanently transfer said

defense articles, related training and other defense

services; or the responsibility thereof to the successor

SEHBRIG Headquarters Host Nation prior to making formal
of the Government of the United States of Pimerica.

D. The Government of Italy shall at all times maintain the

security of such defense articles, related training, and

other defense services; that it shall provide substantially

the same protection afforded to such articles or related

training other defense services by the Government of the

United States of America and; that it shall, as the United

States may require, permit continuous observation and review

by, and furnish necessary information CO, representatives of

the Government of the United States of America with regard

to the use thereof by the Government of Ttaly. The

Ministry's reply stating that the foregoing is acceptable to

the Government of Italy 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 takes this

opportunity to renew to the Ministry of Foreign Affairs the

assurances of its highest consideration.

Erribassy of the United States of America,

Rome, October 11, 2002
establishment of a Communications Information System (CIS) for use by

all SEEBRIG Member States in furtherance of SEE,BRIG' operations.

The Government of Italy hereby provides the assurances

requested in the aforementioned Note at points A - III), B and C (I

- III - IV V), whose content is acceptable 10. the relevant

Authorities. i •,

The:Ministry of Foreign Affairs takes thii opportunity to renew

to the Embassy of the United States of America the assurance of its highes

consideration.-

CV

INIMM ..................................................

Embassy of United States of America

ROME