TREATIES AND OTHER INTERNATIONAL ACTS SERIES 02-614

________________________________________________________________________

DEFENSE 

Agreement between the

UNITED STATES OF AMERICA

and AZERBAIJAN

Effected by Exchange of Notes

Dated at Baku May 8 and June 14, 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.”
AZERBAIJAN

Defense

Agreement effected by exchange of notes 

 Dated at Baku May 8 and June 14, 2002; 

 Entered into force June 14, 2002.

 
No. 202/2002

The Embassy of the United States of America presents

its compliments to the Ministry of Foreign Affairs of the

Republic of Azerbaijan and has the honor to refer to

earlier discussions between representatives of our two

governments regarding the furnishing of defense articles,

related training, to include training related to defense

articles under the U.S. International Military and

Education Training Program, and other defense services from

the United States of America to the Republic of Azerbaijan.

In accordance with previous discussions, it is

proposed that the Republic of Azerbaijan agree to the

following points.

A. Unless the consent of the Government of the United

States of America has been first obtained, the Republic of

Azerbaijan 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

Republic of Azerbaijan;

(II) Transfer or permit any officer, employee, or ager: of

the Republic of Azerbaijan to transfer such articles or

DIPLOMATIC NOTE
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. 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. Net proceeds of sale received by the Republic of

Azerbaijan 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. The Republic of Azerbaijan shall maintain the security

of such articles, related training including training

materials, and other defense services; 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; 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 regards to

the use thereof by the Republic of Azerbaijan.

E. 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.

A Diplomatic Note from the Ministry of Foreign Affairs

stating that the foregoing points are acceptable to the

Government of the Republic of Azerbaijan 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 avails

itself of this opportunity to renew to the Ministry of

Foreign Affairs assurances of its highest consideration.

Embassy of the United States of America,

Baku, 8 May 2002
U.S. Department of State LS No. 12-2008-0167

Office of Language Services c Azerbaijani/English

Translating Division MG/PH

TRANSLATION

[emblem]

REPUBLIC OF AZERBAIJAN

MINISTRY OF FOREIGN AFFAIRS

No.: 844-10 [handwritten]

Urgent

The Ministry of Foreign Affairs of the Republic of Azerbaijan expresses its respect to

the Embassy of the United States of America in Baku and has the honor to

communicate the following:

Taking into account the replacement of the phrase "Republic of Azerbaijan" with the

phrase "the Government of the Republic of Azerbaijan" in Articles "A" and "D", the

Government of the Republic of Azerbaijan confirms the acceptance of the proposals

reflected in the Embassy's note numbered 208/2002 and dated May 8, 2002, and,

expressing the agreement between the governments of the two countries, confirms that

the Embassy's note, along with this response note, enter into force effective today.

Taking advantage of this opportunity, the Ministry of Foreign Affairs of the Republic

of Azerbaijan once again expresses its respect to the Embassy of the United States of

America in Baku.

Baku, June [?] 14, 2002

[round stamp: Azerbaijani Republic/Ministry of Foreign Affairs!

Secretariat/emblem]

[initials

Embassy of the United States of America

Baku

[stamp in English] 17 June 2002
.VZORBAYCAN RESPUBLIKASI

XARICI ISLaR NAZIRLIYI

REPUBLIC OF AZERBAIJAN

MINISTRY OF FOREIGN AFFAIRS

Tpcili

Azarbaycan Respublikasi Xarici tslar Nazirliyi Amerika Birlosmis

Statlannin Bakidaki Safirliyina oz hOrmat va ehtiramini izhar edir vo

asagidakilan bildirmakdan saraf duyur:

Azarbaycan Respublikasi FlOkumati «A» I/3 OD» bandlarinda «Az3rbaycan

Respublikast» ifadasinin «Azarbaycan Respublikasi HOkumati» ifadasi iia

avaz olunmasi nazara alinmaq1a, Safirliyin 208/2002 nOmrali 8 may 2002-ci ii

tarixli notasinda aks olunan takliflari qabul etdiyini va Safirliyin notasi ila

birga bu cavab notasuun iki Olkanin hOkumatlari arasinda razilasmani ifada

edarak bu glindan etibaran qiivvaya mindiyini tasdiq edir.

Azarbaycan Respublikasi Xarici islar Nazirliyi ffirsatdon istilada edorai:

Amerika Birlasmis Statlannin Bakidaki Safirliyina Oz hOrmat va ehtiramini

bir daha izhar edir.

Amerika Birlasmis Statlannin

Safirliyi

Baki

17 JUN "inn