Burkina_Faso.pdf

No. 012

The Embassy of the United States of America presents its compliments to the Ministry of Foreign Affairs and Regional

Cooperation and has the honor to refer to recent discussions between representatives of our two Governments regarding issues related to United States military and civilian personnel (def.ined as members of the United States Armed

Forces and civilian employees of the United States Department of Defense, respectively, hereafter referred to collectively as United States personnel) and United States contractors

(defined as non-Burkina Faso companies and firms, and their employees who are not nationals of Burkina Faso, under contract to the United States Department of Defense) who may be temporarily present in Burkina Faso in connection with mutually agreed visits, training, exercises, humanitarian activities, and other mutually agreed activities.

As a result of these discussions, the Embassy proposes that United States personnel be accorded the privileges, exemptions, and immunities equivalent to those accorded to the administrative and technical staff of a diplomatic mission under the Vienna Convention on Diplomatic Relations of April 18, 1961; that United States personnel may enter and

D IPLOMATIC NOTE

exit Burkina Faso with United States identification and with ' collective movement or individual travel orders; that Burkina p,(af1 driu1 ny

Faso shall accept as valid all professional licenses issued by the United States, its political subdivisions or States thereof to United States personnel for the provision of services to authorized personnel; and that Burkina Faso authorities shall accept as valid, without a driving test or fee, driving licenses or permits issued by the appropriate

United States authorities to United States personnel for the operation of vehicles. The Embassy further proposes that

United States personnel be authorized to wear uniforms while performing official duties and to carry arms while on duty if ~ authorized to do so by their orders.

The Government of Burkina Faso recognizes the particular importance of disciplinary control by United States Armed

Forces authorities over United States personnel and, therefore, authorizes the Government of the United States to exercise criminal jurisdiction over United States personnel while in Burkina Faso.

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The Embassy further proposes that the United States

Department of Defense and United States personnel shall not be liable to pay any tax or similar charge assessed within

Burkina Faso and that the United States Department of Defense and United States personnel may import into, export out of, and use in Burkina Faso any personal property, equipment, supplies, materiel, technology, training, or services in connection with activities under this Agreement . Such importation, exportation, and use shall be exempt from any inspection, license, other restrictions, customs duties, taxes, or any other charges assessed within Burkina Faso.

The Governments of the United States of America and Burkina

Faso shall cooperate to take such measures as may be necessary to ensure the security and protection of United

States personnel, property, equipment, records, and official information in Burkina Faso.

The Embassy proposes that vehicles operated by or, at the time, exclusively for the United States Department of Defense may enter, exit, and move freely within the territory of

Burkina Faso, and that such vehicles (whether self-propelled or towed) shall not be subject to t he payment of overland

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-4-transit tolls. Aircraft owned or operated by or, at the time, exclusively for the United States Department of Defense shall not be subject to the payment of landing, parking, or other fees or dues at facilities owned and operated by the

Government of Burkina Faso. Aircraft owned and operated by or, at the time, exclusively for the United States Department of Defense shall not be subject to payment of navigation, overflight, terminal or similar charges when in the territory of Burkina Faso. The United States Department of Defen~ shall pay reasonable charges for services requested and received at rates no less favorable than those paid by the

Armed Forces of Burkina Faso, less taxes or similar charges.

Aircraft and vehicles of the United States Government shall be free from boarding and inspection.

The Embassy also proposes that the United States

Department of Defense may contract for any materiel, supplies, equipment, and services (including construction) to be furnished or undertaken in Burkina Faso without restriction as to choice of contractor, supplier, or person who provides such materiel, supplies, equipment or services. Such contracts shall be solicited, awarded and administered in

-5-accordance with the laws and regulations of the Government of the United States of America. Acquisition of articles and services in Burkina Faso by or on behalf of the United States

Department of Defense in connection with activities under this Agreement shall not be subject to any taxes or similar charges in Burkina Faso.

The Embassy further proposes that United States contractors shall not be liable to pay any tax or similar charge assessed within Burkina Faso in connection with activities under this Agreement and that such contractors may import into/ export out o£ 1 and use in Burkina Faso any personal property, equipment 1 supplies, materiel 1 technology/ training 1 or services in fulfillment of contracts with the

United States Department of Defense in connection with activities under this Agreement. Such importation, exportation 1 and use shall be exempt from any license, other restrictions/ customs duties/ taxes/ or any other charges assessed within Burkina Faso.

The Embassy proposes that United States contractors shall be granted the same treatment as United States personnel with

-6-respect to professional and drivers, licenses.

The Embassy proposes that United States personnel shall have freedom of movement and access to and use of mutually agreed transportation, storage, training, and other facilities required in connection with activities under this Agreement.

The Government of Burkina Faso recognizes that it may be necessary for the United States Armed Forces to use the radio spectrum. The United States Department of Defense shall be allowed to operate its own telecommunication systems (as telecommunication is defined in the 1992 Constitution and

Convention of the International Telecommunication Union) .

This shall include the right to utilize such means and services as required to ensure full ability to operate telecommunication systems, and the right to use all necessary radio spectrum for this purpose. Use of the radio spectrum shall be free of cost to the United States Government.

Further, the Embassy proposes that the Parties waive any ,{' and all claims (other than contractual claims) against each other for damage to, loss, or destruction of the other ' s

-7-property or injury or death to personnel of either Party's armed forces or their civilian personnel arising out of the performance of their official duties in connection with activities under this Agreement. Claims by third parties for damages or loss caused by United States personnel shall be resolved by the United States Government in accordance with

United States laws and regulations.

Finally, the Embassy proposes further that our two governments, or their designated representatives may enter ~v~ into implementing arrangements to carry out the provisions of this Agreement.

If the foregoing is acceptable to the Government of

Burkina Faso, the Embassy proposes that this note, together with the Ministry's reply to that effect, shall 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 thanks the

Ministry of Foreign Affairs and Regional Cooperation of

Burkina Faso for its kind cooperation and avails itself of

-8-this opportunity to renew to the assurances of its highest consideration.

Embassy of the United States of America, Ouagadougou, February 20, 2006