TREATIES AND OTHER INTERNATIONAL ACTS SERIES 02-710

________________________________________________________________________

DEFENSE

Agreement Between the

UNITED STATES OF AMERICA

and TIMOR-LESTE

Effected by Exchange of Notes

Dated at Dili July 8 and 10, 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.”
TIMOR-LESTE

Defense

Agreement effected by exchange of notes 

 Dated at Dili July 8 and 10, 2002; 

 Entered into force July 10, 2002.
Democratic Republic of East Timor agree:

a. that unless the consent of the government of the United States of America has been

fast obtained the government of the Democratic Republic of East Timor shall not:

(i) permit any use of such defense articles or related training, including training materials

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

government of the Democratic Republic of East Timor;

(ii) transfer or permit any officer, employee or agent of the government of the

Democratic Republic of East Timor to transfer such articles or related training, including

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

(iii) use or permit the use of such articles or related training including training materials

or other defense services for purposes other than those for which provided;
security of such articles, related training including training materials, and other

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

protection afforded to such articles or related training, including training materials

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

Democratic Republic of East Timor; and

e.that the government of the United States of America may also from time to time

make the provision of articles, services, and related training furnished under other

authority (except the United States Arms Export Control Act) subject to the terms

and conditions of this agreement. (Transfers 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 note stating that the foregoing is acceptable to the government of

the Democratic Republic of East Timor 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.

q-4_,q,k1f3
REPUBLICA DEMOCRATICA DE TIMOR-LESTE

MINISTERIO DOS NEGOCIOS ESTRANGEIROS E COOPERACAO

N° MNEC/268/02

The Ministry of Foreign Affairs and Cooperation of the Democratic Republic of East

Timor presents its compliments to the Embassy of the United States of America and

acknowledges receipt of the Embassy's note no. 08/2002, dated July 8, 2002, which reads

as follows:

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

of Foreign Affairs and Cooperation of the Government of the Democratic Republic of

East Timor and refers 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 to include

training related to defense articles under the United States' International Military and

Education Training program, and other defense services from the United States of

America to the government of the Democratic Republic of East Timor.

In accordance with these discussions, the government of the Democratic Republic of East

Timor agrees:

A. that unless the consent of the government of the United States of America has been

first obtained the government of the Democratic Republic of East Timor shall not:

(i)permit any use of such defense articles or related training, including training materials

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

government of the Democratic Republic of East Timor;

(ii)transfer or permit any officer, employee or agent of the government of the

Democratic Republic of East Timor to transfer such articles or related training, including

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

(iii) use or permit the use of such articles or related training including training materials

or other defense services for purposes other than those for which provided;
b.that said articles or related training, including training materials 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;

c.that the net proceeds of sale received by the government of the Democratic Republic of

East Timor 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 Democratic Republic of East Timor shall maintain the

security of such articles, related training including training materials, and other defense

services; that it shall provide substantially the same degree of security

protection afforded to such articles or related training, including training materials 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

Democratic Republic of East Timor; and

e.that the government of the United States of America may also from time to time make

the provision of articles, services, and related training furnished under other

authority (except the United States Arms Export Control Act) subject to the terms and

conditions of this agreement. (Transfers 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 of Foreign Affairs and Cooperation of the Democratic Republic of East

Timor has the honor to confirm that the proposals set forth in the Embassy's note are

acceptable to the government of the Democratic Republic of East Timor and that the

Embassy's note and this note in reply shall constitute an agreement between the two

governments which shall enter into force on this date.

Dili, July 10, 2002

JOSE RAMOS-HORTA

Senior and Minister for Foreign Affairs and Cooperation