TREATIES AND OTHER INTERNATIONAL ACTS SERIES 18-814

________________________________________________________________________

DEFENSE

Agreement Between the

UNITED STATES OF AMERICA

and GABON

Effected by Exchange of Notes at

Libreville April 6 and August 14, 2018
 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.”
 GABON

 Defense

 

Agreement effected by exchange of notes at 

 Libreville April 6 and August 14, 2018; 

 Entered into force August 14, 2018.
No. 058/18 

The Embassy ofthe United States ofAmerica in Libreville presents its 

compliments to the Ministry ofForeign Affairs ofthe Gabonese Republic 

and has the honor to refer to earlier discussions between representatives ofthe two 

Governments regarding the Foreign Assistance Act of 1961 or successor 

legislation; the Arms Export Control Act; 10 U.S.C. § 333, and other Department 

ofDefense authorities; and the furnishing on a grant basis ofdefense articles, 

related training, and other defense services from the United States ofAmerica to 

the Government ofthe Gabonese Republic under such authorities. In this regard, 

the Embassy has the honor to refer to the Agreement between the Government of 

the United States ofAmerica and the Government ofthe Gabonese Republic 

regarding the provision of defense articles, related training and other defense 

services, including training provided pursuant to the U.S. International Military 

Education and Training (IMET) program, on a grant basis, pursuant to the Foreign 

Assistance Act of 1961, as amended, or successor legislation, effected by exchange 

ofnotes at Libreville on July 26, 2006 and August 8, 2007 (the "2007 IMET 

Agreement"). 

DIPLOMATIC NOTE 
-2­

In connection with these discussions, the Embassy proposes that the 

Government ofthe United States ofAmerica and the Government ofthe Gabonese 

Republic agree: 

A. That, unless the written consent ofthe Government ofthe United States of 

America has been first obtained, the Government of the Gabonese Republic shall 

not: 

(I) Permit any use ofsuch defense articles, related training, including training 

materials, or other defense services by anyone not an officer, employee, or agent of 

the Government ofthe Gabonese Republic; 

(II) Transfer, or permit any officer, employee, or agent ofthe Government ofthe 

Gabonese Republic to transfer such defense articles, related training, including 

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

(III) Use, or permit the use of, such defense articles, related training, including 

training materials, or other defense services for purposes other than those for which 

furnished. 
-3­

B. That such defense articles, related training, including training materials, or other 

defense services shall be returned to the Government ofthe United States of 

America when they are no longer needed for the purposes for which they were 

furnished, unless the Government ofthe United States ofAmerica consents to 

another disposition; 

C. That the net proceeds ofsale received by the Government ofthe Gabonese 

Republic in disposing of, with prior written consent ofthe Government ofthe 

United States ofAmerica, any defense article furnished by the Government ofthe 

United States ofAmerica on a grant basis, including scrap from any such defense 

article, shall be paid to the Government ofthe United States ofAmerica; 

D. That the Government ofthe Gabonese Republic shall maintain the security of 

such defense articles, related training, including training materials, or other defense 

services; that it shall provide substantially the same degree ofsecurity protection as 

that afforded to such defense articles, related training, including training materials, 

or other defense services by the Government ofthe United States ofAmerica; and 

that it shall, as the Government ofthe United States ofAmerica may require, 
-4­

permit continuous observation, scheduled inspections, physical inventories and 

review by, and furnish necessary information to, representatives ofthe 

Government ofthe United States ofAmerica with regard to the use thereof by the 

Government ofthe Gabonese Republic; and 

E. That the Government ofthe United States ofAmerica may also, from time to 

time, make the provision of articles and services furnished under other authority 

subject to the terms and conditions ofthe agreement proposed herein. 

Ifthe foregoing proposals are acceptable to the Government ofthe Gabonese 

Republic, the Embassy proposes that this note and a note from the Ministry of 

Foreign Affairs to that effect shall constitute an agreement between the two 

Governments, which shall enter into force on the date ofthe Ministry's note and 

shall supersede in its entirety the 2007 IMET Agreement and shall govern all aid 

provided by the United States ofAmerica to Gabon under the Foreign Assistance 

Act of 1961 or successor legislation; the Arms Export Control Act; 10 U.S.C. § 

333, and other Department ofDefense authorities; and the furnishing on a grant 

basis ofdefense articles, related training, and other defense services from the· 
-5­

United States ofAmerica to Gabon under such authorities. The Embassy requests 

the Ministry ofForeign Affairs to use attached the language for the response. 

The Embassy ofthe United States ofAmerica in Libreville avails itselfof 

this opportunity to renew to the Ministry ofForeign Affairs ofthe Gabonese 

Republic the assurance of its highest consideration. 

Enclosure: Proposed Response. 

Embassy ofthe United States ofAmerica, 

Libreville, April 6, 2018. 
Proposed Response 

The Ministry ofForeign Affairs ofthe Gabonese Republic presents its compliments to 

the Embassy ofthe United States ofAmerica in Libreville and has the honor to acknowledge 

receipt ofthe Embassy's Note No. 058/18, dated April 6, 2018, which reads as follows: 

A. That, unless the written consent ofthe Government ofthe United States ofAmerica has been 

first obtained, the Government ofthe Gabonese Republic shall not: 

(I) Permit any use ofsuch defense articles, related training, including training materials, or other 

defense services by anyone not an officer, employee, or agent ofthe Government ofthe 

Gabonese Republic; 

(II) Transfer, or permit any officer, employee, or agent ofthe Government ofthe Gabonese 

Republic to transfer such defense articles, related training, including training materials, or other 

defense services by gift, sale, or otherwise; or 

(Ill) Use, or permit the use of, such defense articles, related training, including training materials, 

or other defense services for purposes other than those for which furnished. 

B. That such defense articles, related training, including training materials, or other defense 

services shall be returned to the Government ofthe United States ofAmerica when they are no 

longer needed for the purposes for which they were furnished, unless the Government ofthe 

United States ofAmerica consents to another disposition; 

C. That the net proceeds ofsale received by the Government ofthe Gabonese Republic in 

disposing of, with prior written consent ofthe Government ofthe United States ofAmerica, any 

defense article furnished by the Government ofthe United States ofAmerica on a grant basis, 

including scrap from any such defense article, shall be paid to the Government ofthe United 

States ofAmerica; 

D. That the Government ofthe Gabonese Republic shall maintain the security ofsuch defense 

articles, related training, including training materials, or other defense services; that it shall 

provide substantially the same degree of security protection as that afforded to such defense 

articles, related training, including training materials, or other defense services by the 

Government ofthe United States ofAmerica; and that it shall, as the Government ofthe United 

States ofAmerica may require, permit continuous observation, scheduled inspections, physical' 

inventories and review by, and furnish necessary information to, representatives ofthe 

Government ofthe United States ofAmerica with regard to the use thereof by the Government of 

the Gabonese Republic; and 

E. That the Government ofthe United States ofAmerica may also, from time to time, make the 

provision ofarticles and services furnished under other authority subject to the terms and 

conditions ofthe agreement proposed herein. 
-2­

The Ministry of Foreign Affairs of the Government ofthe Gabonese Republic has the 

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

Government of the Gabonese Republic 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 

and shall supersede in its entirety the 2007 IMET Agreement. 

Ministry ofForeign Affairs 
MINISTERE DES AFFAIRES ETRANGERES. ~-..~~ 

DE"tk·OOOPERATION, DE LA FRANCOPHONIE ..,,-~.-"~,..... ... ··.·.·····,,. '" 

ET DE L1NTEGRATION REGIONALE ·~· 

CABINET DU MINISTRE D'ETAT ·~-~ 

N-0 0 0 5 3 ~ /~CFIR/CABME/CJ 

The Ministry of Foreign Affairs, Cooperation, Francophony and Regional Integration of 

the Gabonese Republic presents its compliments to the Embassy of the United-States ofAmerica 

in librcvilleand has the honor to acknowledge receipt ofthe Embassy's Note No. N" 058/18, dated 

6 April 2018, which reads as follows: 

A That, unless the written consent of the Government of the United States ofAmerica has 

been first obtained, the Government ofthe Gabonese Republic shall not: 

(I) Permit any use of such defense articles, related training. including training materials, or 

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

Gabonese Republic; 

(II) Transfer, or permit any officer, employee, or agent of the Government of the Gabonese 

Republic to transfer such defense articles, related training. including training materials. or other 

defense services by gift, sale, or otherwise; or 

(III) Use. or permit the use of, such defense articles, related training, including training 

materials, or other defense services for purposes other than those for which furnished 

B. That such defense articles, related training, including training materials. or other defense 

services shall be returned to the Government ofthe 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 Gabonese Republic in 

disposing of. with prior written consent of the Government of the United States of America, any 

ddew>c: article fumi3hcd by the Government of the United StatC8 of Amcrtca on a grant basts, 

including scrap &om any such defense article. shall be paid to the Government of the United 

States of America; 

D. That the Government of the Gabonese Republic shall maintain the security of such 

defense articles, related training. including training materials, or other defense services; that it 

shall provide substantially the same degree of security protection as that afforded to such defense 

articles, related training, including training materials, or other defense services by the 

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

States of America may require, permit continuous observation, scheduled inspections. physical 

inventories and review by, and furnish necessary information to, representatives of the 

Government of the United States ofAmerica with regard to the use thereof by the Government of 

the Gabonese Republic; and 

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E That the Govemment of the United States ofAmerica may also, from time to time, make 

the provision of articles and services furnished under other authority subject to the tenns and 

conditions of the agreement proposed herein. 

The Ministry of Foreign Affairs ofthe Government ofthe Gabonese Republic has the honor 

to confirm that the proposals set forth in the Embassy's note are acceptable to the Government of 

the Gabonese Republic 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 and shall 

supersede in its entirety the 2007 IMET Agreement. 

The Ministry of Foreign Affairs thanks the Embassy of the United States of America in 

Ubreville for its perfect rllaboration and takes tlμs opportunity to renew the assurances and its 

highest consideration. 

e Libreville, the l~ August 2018 

EMBASSY OF THE UNITED STATE OF AMERICA 

.-LffiREVILLE-­

Mi,,J.rlirr duAffi1ini E.tnm/jru. dt la~.. tlr 1111~-11 t# l'l~~ 

BP: 1245 Li1-illt ~) 
- ---------·-·--------

MINISTERE DES AFFAIRES ETRANGERES, 

D!''tA--eooP~·f>E'tA FRANCOl>HONIE 

ET DE L'INTEGRATION REGIONALE 

CABINET DUMINISTRE D'ETAT 


NB 0 0 5 3 9 /MAECFIR/CABME/CJ 


Le Ministere des Affaires Etrangeres, de la Cooperation, de la Francophonie et de 

J'Integration Regtonale presente ses compliments al'Ambassade des Etats Unis d'Amerique 

aLibreville, et a l'honneur de faire reference d'accuser reception de la Note de l'Ambassade 

N° 058/18, datee du 6 avril, 2018, qui se lit comme suit : 

A Qu'a moins que le consentement ecrit du Gpuvemement des Etats·Unis d'Amerique 

n'aitete obtenu au prealable,le Gouvemement 4.e. ~.R~publique Gabonaise ne devrait pas; 

(I) Permettre l'utilisation de ces artlcle; de~~~f~nse, de formation, y compris du 

materiel de formation, ou autres services de defense par un quelconque individu n•etant pas 

offider, employe ou un agent du Gouvemement de la Republique Gabonaise ; 

(II) Transferer, OU permettre atout officier, employe OU agent du Gouvemement de la 

Republique Gabonaise de transferer de tels articles de defense, de formation. y compris le 

materiel de formation, ou autres services de defense par don, vente, ou autrement; ou 

(Ill) Utiliser ou permettre !'utilisation de ces articles de defense. de formation. y 

compris du materiel de formation, ou autres services de defense ades fins autres que celles 

pour lesquelles ils ont ete foumis. 

B. Que ces articles de defense. de formation, y compris le materiel de formation, ou 

autres services de defense. seront retoumes au Gouvemement des Etats-Unis d'Amerique 

lorsqu'ils ne serviront plus aux fins pour lesquelles Us ont ete foumis, a moins que le 

Gouvemement des Etats-Unis d'Amerique ne consente aune autre disposition ; 

C. Que le produit net de la vente re~u parle Gouvemement de la Republique Gabonaise 

au moment de s'en debarrasser, avec le consentement ecrit prealable du Gouvemement des 

Etats-Unis d'Amerlque, de tout article de defense fourni par le Gouvernernent des Etats-Unis 

d'Amerique atitre gracieux, ycompris les debris de tout article de defense, sera reverse au 

Gouvemement des Etats-Unis d'Amerique ; 

D. Que le Gouvemement de. la Republique Gabonaise assurera la maintenance de la 

securue de ces articles de defense, de formation, y compris du materiel de formation. ou 

autres services de defense ; qu'il fournira sensiblement le mi!me niveau de protection de 

securite que celui accorde aces articles de defense, de formation, ycompris du materiel de 

formation, ou autres services de defense par le Gouvemement des Etats-Unis d'Amerique ; 

et qu'il autorisera, comme le Gouvemement des Etats-Unis d'Amerique peut l'exiger, 

I'observation continue. les inspections programmees, les inventaires physiques et I'examen 

par les representants du Gouvemement des Etats-Unis d' Amerique, et fownira les 

informations necessaires aux representants du Gouvemement des Etats-Unis d'Amenque en 

ce qui conceme leur utilisation par le Gouvernement de la Republique Gabonaise ; et 

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E That the Govemment of the United States ofAmerica may also, from time to time, make 

the provision of articles and services furnished under other authority subject to the tenns and 

conditions of the agreement proposed herein. 

The Ministry of Foreign Affairs ofthe Government ofthe Gabonese Republic has the honor 

to confirm that the proposals set forth in the Embassy's note are acceptable to the Government of 

the Gabonese Republic 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 and shall 

supersede in its entirety the 2007 IMET Agreement. 

The Ministry of Foreign Affairs thanks the Embassy of the United States of America in 

Ubreville for its perfect rllaboration and takes tlμs opportunity to renew the assurances and its 

highest consideration. 

e Libreville, the l~ August 2018 

EMBASSY OF THE UNITED STATE OF AMERICA 

.-LffiREVILLE-­

Mi,,J.rlirr duAffi1ini E.tnm/jru. dt la~.. tlr 1111~-11 t# l'l~~ 

BP: 1245 Li1-illt ~)