TREATIES AND OTHER INTERNATIONAL ACTS SERIES 03-627.1 

________________________________________________________________________ 

DEFENSE 

 Agreement between the 

UNITED STATES OF AMERICA 

and PAKISTAN 

Effected by Exchange of Notes at 

Islamabad June 27, 2003 

 
 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.” 
PAKISTAN 

Defense 

Agreement effected by exchange of notes at 

 Islamabad June 27, 2003; 

 Entered into force June 27, 2003. 
EMBASSY OF THE

UNITED STATES OF AMERICA

No. 853/03

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

Ministry of Foreign Affairs of the Government of the Islamic Republic of Pakistan 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 Islamic Republic of Pakistan.

In accordance with these discussions, it is proposed that the Government of the

Islamic Republic of Pakistan agree:

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 Pakistan 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 Islamic Republic of Pakistan;

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

of the Islamic Republic of Pakistan to transfer such articles or related

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

or otherwise; or

DIPLOMATIC NOTE
(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 Islamic

Republic of Pakistan 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 Pakistan 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 Islamic Republic of Pakistan; 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' note stating that the foregoing is acceptable to

the Government of the Islamic Republic of Pakistan 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 of the Islamic Republic of Pakistan the

assurances of its highest consideration.

Embassy of the United States of America,

Islamabad, June 27, 2003
MINISTRY OF FOREIGN AFFAIRS

ISLAMABAD

No.USA-6/1/03

The Ministry of Foreign Affairs of the Islamic Republic of Pakistan

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

Islamabad and with reference to the Embassy's note No.853/03 dated 27 th June,

2003 and the Letter of Request No.1882/LOR-Army-DGDP-FMS dated 25

January, 2003 from Defence Production Division of the Ministry of Defence, has

the honour to state that the Government of the Islamic Republic of Pakistan 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 Pakistan shall not:

(i) permit any use of such defence articles or related training

including materials or other defense service by anyone not an

officer, employee or agent of the Government of the Islamic

Republic of Pakistan;

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

Government of the Islamic Republic of Pakistan 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

Islamic Republic of Pakistan 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 Pakistan 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

defence 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 United States of America with

regard to the use thereof by the Government of the Islamic Republic

of Pakistan; 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 Untied 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 transfer.)

The Ministry of Foreign Affairs has the honour to confirm that the proposals

set forth in the Embassy's note No.853/03 dated 27 June 2003 are acceptable to the

Government of Pakistan and this note of the Ministry of Foreign Affairs in

response to the Embassy's note No.853/03 shall constitute an agreement between

the two Governments and shall enter into force from:

27 June 2003. On behalf of the

Government of Pakistan

a-14 64- 411C

(Tariq Osman Hyder)

Acting Foreign Secretary