Embassy of the United States

Treaties

Defense REF: TIAS 12279 AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND BULGARIA Effected by exchange of notes Dated at Sofia May 4 and December 5, 1994 Entered into force December 5, 1994   The American Embassy to the Bulgarian Ministry of Foreign Affairs Diplomatic Note No. 121     The Embassy of the United States of America presents its compliments to the Ministry of Foreign Affairs of the Republic of Bulgaria and has the honor to refer to earlier discussions between representatives of the two Governments regarding grants under the Foreign Assistance Act of 1961, as amended,(1)or successor legislation, and the furnishing of defense articles related training, and other defense services from the United States of America to Bulgaria.     In accordance with these discussions, it is proposed that the Government of Bulgaria agree: a) that the Government of Bulgaria shall not, unless the consent of the Government of the United States of America has first been obtained:     i) permit any use of any such defense article or related training or other defense service by anyone not an officer, employee or agent of the Government of Bulgaria;     ii) transfer or permit any officer, employee or agent of the Government of Bulgaria to transfer such articles or related training or other defense services by gift, sale or otherwise; or     iii) use or permit the use of such articles or related training or other defense services for purposes other than those for which provided; b) that said articles or related training 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 Bulgaria 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 Bulgaria shall maintain the security of such articles, related training and other defense services; that it shall provide substantially the same degree of security protection afforded to such articles or related training 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 Bulgaria; and e) that the Government of the United States of America may also from time to time make the provision of other defense articles, related training and other defense services 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 reply stating that the foregoing is acceptable to the Government of Bulgaria shall, together with this Note, constitute an Agreement between the two Governments, which shall enter into force upon 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 Republic of Bulgaria the assurances of its highest consideration. Embassy of the United States of America Sofia, May 4, 1994 TRANSLATION The Bulgarian Ministry of Foreign Affairs to the American Embassy No. 54-05-43/5.XII.1994 The Ministry of Foreign Affairs presents its compliments to the Embassy of the USA and has the honor to refer to its Diplomatic Note 121 of May 4, 1994 stating the following: The Embassy of the USA presents its compliments to the Ministry of Foreign Affairs of the Republic of Bulgaria and has the honor to refer 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, and other defense services from the USA to the Republic of Bulgaria. In compliance with these discussions we suggest that the Government of the Republic of Bulgaria agree on the following: a. The Government of the Republic of Bulgaria, without the prior consent of the Government of the USA shall not: - permit the use of any such defense article or related training or defense services by anyone not an officer, employee or agent of the Government of the Republic of Bulgaria; - transfer or permit any officer, employee or agent of the Government of the Republic of Bulgaria to transfer such articles, related training or other defense services by donation, sale or otherwise; or - use or permit the use of such articles, related training or other defense services for purposes other than those for which provided; b. the stated above articles or related training or defense services shall be returned to the Government of the USA, when they become unnecessary, unless otherwise agreed by the Government of the USA; c. the net profit of sale received by the Government of the Republic of Bulgaria, with prior written consent of the Government of the USA any defense articles furnished by the Government of the USA, on a grant basis, shall be paid to the Government of the USA; d. the Government of the Republic of Bulgaria shall maintain security of such articles, related training or other defense services and shall provide the same degree of security protection afforded to such articles or related training or other defense serviced by the Government of the USA and shall as the USA may require, permit continuous observation and review, and provide the necessary information to representatives of the Government of the USA regarding its use by the Government of the Republic of Bulgaria; and e. the Government of the USA may also, in particular cases make the provision of other defense articles, related training or defense services furnished under other authority (except the Arms Export Control Act of the USA) and in compliance with the terms of this agreement. (Transfers under the Arms Export Control Act of the USA shall continue to be governed by the requirements of that Act and United States Regulations applicable to such transfer.) The Ministry's reply stating that the foregoing is acceptable to the Government of the Republic of Bulgaria shall, together with this note, constitute an Agreement between the two Governments, which shall enter into force, upon 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 Republic of Bulgaria the assurances of its highest consideration." The Ministry of Foreign Affairs has the honor to confirm that the foregoing in the Diplomatic Note of the Embassy of USA is acceptable to the Government of the Republic of Bulgaria and consider this Diplomatic Note and Diplomatic Note 121 of May 4, 1994 of the Embassy of the USA an agreement between the two Governments, which shall enter into force upon the date of this note. The Ministry of Foreign Affairs of the Republic of Bulgaria avails itself of this opportunity to renew to the Embassy of the USA in Sofia the assurances of its highest consideration. Sofia, December 1994 (1) 75 Stat. 424; 22 U.S.C. &2151