subparagraphs (A) and (B) of such paragraph in the case of a violation described in both such paragraphs, if the President so determines and so reports in writing to the Congress, or if the Congress so determines by joint resolution. (B) Notwithstanding a determination by the President of ineligibility under subparagraph (B) of paragraph (1) of this subsection, cash sales and deliveries pursuant to previous sales may be made if the President certifies in writing to the Congress that a termination thereof would have significant adverse impact on United States security, unless the Congress adopts or has adopted a joint resolution pursuant to subparagraph (A) of this paragraph with respect to such ineligibility. (4) A country shall remain ineligible in accordance with paragraph (1) of this subsection until such time as (A) the President determines that the violation has ceased; and (B) the country concerned has given assurances satisfactory to the President that such violation will not recur. Former sec. 3(d) of the Foreign Military Sales Act on duration of ineligibility was repealed by P.L. 94-329. P.L. 94-329 also added a new sec. 3(e) to the Arms Export Control Act, requiring the President to report immediately to the Congress information he has received that any defense article, or related training or other defense service, furnished under that Act or under the Foreign Assistance Act of 1961, as amended, has been transferred to a third party without his consent. Reversionary Rights The U.S. Government informed the Royal Government of Thailand, in an aide memoire dated April 2, 1976, from the U.S. Embassy in Bangkok to the Thai Ministry of Foreign Affairs, that the United States would not press reversionary rights to certain aircraft from Viet-Nam and Laos that had recently landed in Thailand. It reserved its rights, however, with respect to U.S.supplied military equipment provided to Viet-Nam, Laos, and Cambodia which, at the time of the changes of government in those countries, was present in Thailand. The Embassy's note stated: The Embassy of the United States of America wishes to inform the Ministry of Foreign Affairs of the Royal Thai Government that the Government of the United States of America does not intend to press reversionary rights or claims it may have to the Vietnamese Air Force helicopter and the Lao Air Force 01-A aircraft that arrived in Thailand on March 8 and 9, 1976, respectively. The Government of the United States of America notes that it does not consider this action to establish a precedent of any kind with respect to any other military facilities or items of military equipment provided by the United States to the Republic of VietNam, the Kingdom of Laos, and the Khmer Republic which were removed to, or were already present in, Thailand at the time of the changes of government in those countries during 1975, and title to which then reverted to the United States. The key distinction is that these latest two aircraft-and any other items of military equipment that may follow under similar circumstances-were in fact captured by and in the physical possession and control of the Communist Governments of VietNam and Laos. The items of military equipment that left Indochina at the time of the changes of government were never under such Communist control and, as noted above, title reverted directly to the United States Government. Dept. of State File EA/TB. Naval Vessels Public Law 94-457 (90 Stat. 1938), approved on October 5, 1976, authorizes the President to sell, subject to such terms and conditions as he may determine and at a price not less than their value in U.S. dollars, 45 naval vessels to 11 foreign governments, as follows: Argentina, 3 destroyers. Republic of China, 2 landing ships docks and 1 auxiliary repair dry dock. Colombia, 1 destroyer. Germany, 4 destroyers. Greece, 7 destroyers and 2 tank landing ships. Iran, 1 repair ship and 1 auxiliary repair dry dock. Philippines, 1 landing craft repair ship and 1 inshore patrol craft. Venezuela, 1 landing craft repair ship, 1 tank landing ship and 1 auxiliary repair dry dock. All of the ships authorized for transfer were designated excess to the needs of the U.S. Navy, and all were requested by the Government or the Navy of the countries to which the transfers were authorized. The Act also amended 10 U.S.C. 7307(b) (1), which previously required a legislative authorization for the transfer of any naval vessel to a foreign country if the vessel was less than 20 years of age or exceeded 2,000 tons in weight. The Act increased the weight limitation to 3,000 tons. See S. Rept. 94-1123 and H. Rept. 94-1646, 94th Cong., 2d Sess. Greece Military Facilities The United States and Greece, on April 15, 1976, initialed a statement of principles to guide future U.S.-Greek defense cooperation. The text, which was initialed at Washington by Secretary of State Henry A. Kissinger and Greek Minister of Foreign Affairs Dimitri S. Bitsios, reads as follows: 1. The Governments of the United States of America and Greece will complete as soon as possible a new defense cooperation agreement to replace the 1953 United States-Greek military facilities agreement and other related agreements. The United States Government will submit this Agreement to Congress for approval. 2. The new Agreement will be designed to modernize the United States-Greek defense relationship reflecting the traditionally close association between the United States and Greece and the mutuality of their defense interests in the North Atlantic Alliance. 3. This new Agreement will define the status and set forth the terms for operations of military installations in Greece where United States personnel are present. It will be similar to the United States-Turkish Agreement and will embody, inter alia, the following principles: (A) Each installation will be a Greek military installation under a Greek commander. (B) The installations shall serve only purposes authorized by the Government of Greece. Their activities shall be carried out on the basis of mutually agreed programs. (C) There shall be participation of Greek personnel up to 50% of the total strength required for agreed joint technical operations and related maintenance activities and services of the facilities and there shall be provisions for the training of such personnel for this purpose. (D) All intelligence information including raw data produced by the installations shall be shared fully by the two Governments according to mutually agreed procedures. A joint use plan for the United States forces communications system in Greece shall be agreed upon. (E) The Agreement shall remain in effect for four years and there shall be provisions for the termination thereof before its expiration, as well as for its renewal. (F) Within this framework there shall be annexes to this Agreement covering each major installation (Nea Makri, Souda Bay, Iraklion), the United States element at the Hellenikon Greek Air Force Base, as well as annexes dealing with status of forces (SOFA), and command and control. (G) The annex covering Souda Bay will be a revision of the 1959 Souda Bay Agreement. Meanwhile it is understood that United States operations at this airfield will be in accordance with the 1959 Agreement. (H) It is understood that, pending the conclusion of the new Agreement within a reasonable time, United States operations now being conducted from facilities in Greece, which serve mutual defense interests, will be allowed to continue. 4. As an integral part of the new defense cooperation agreement, provision will be made for a four-year commitment to Greece of military assistance totaling 700 million dollars, a part of which will be grant aid. This commitment will be designed to further develop the defense preparedness of Greece and meet its defense needs in pursuit of North Atlantic Alliance goals. Dept. of State Bulletin, Vol. LXXIV, No. 1925, May 17, 1976, pp. 629–630. Spain The United States and Spain signed a Treaty of Friendship and Cooperation on January 24, 1976, together with seven supplementary agreements and eight related exchanges of notes (TIAS 8360; 27 UST; entered into force September 21, 1976). It replaced the 1970 Agreement on Friendship and Cooperation (TIAS 6924; 21 UST 1677), which expired on September 26, 1975, when a one-year transitional period began. The new treaty assured the continued availability to the United States of existing military facilities in Spain, and provided for various forms of military assistance, sales, and other benefits to Spain over a five-year period. The principal changes in military activities were a reduction and relocation of U.S. tanker aircraft within Spain and establishment of the date July 1, 1979, for withdrawal of the nuclear submarine squadron from the Rota Naval Base. The treaty also established the U.S.-Spanish Council, an institutional framework to facilitate increased cooperation in such areas as defense issues, economic questions, education and cultural affairs, and scientific and technological matters. Military cooperation is integrated into the structure of the Council, which is under the joint chairmanship of the U.S. Secretary of State and the Foreign Minister of Spain. Associated with the Treaty is an Agreement on Implementation signed January 31, 1976 (TIAS 8361; 27 UST; entered into force September 21, 1976), and procedural annexes which regulate such matters as the status of U.S. forces in Spain and the use of facilities there. The defense provisions of the treaty are described by Secretary of State Kissinger, in his report to the President of February 6, 1976, as follows: Articles V and VI of the Treaty, together with Supplementary Agreements Five, Six and Seven, and related exchanges of notes, deal with cooperation in the area of defense. The defense relationship which these provisions represent is one woven firmly into the fabric of existing United States philosophy and planning for the defense of the North Atlantic area. It represents a decision to assist Spain in developing a role which will contribute actively to that defense, and provides transitional institutions to prepare the way for an appropriate Spanish role in NATO. These provisions do not constitute a security guarantee or commitment to defend Spain. They do, however, constitute a recognition of Spain's importance as a part of the Western World. To this end, a Combined Planning and Coordination Staff, with no command functions, is provided for by Supplementary Agreement Number Five, which sets forth a carefully drawn mandate and geographic area of common concern. All activities of the staff focus on the contingency of a general attack on the West. There is no commitment, express or implied, in the drawing up of the contingency plans. To further the purposes of the Treaty, Spain grants the United States the right to use and maintain for military purposes those facilities in or connected with Spanish military installations which the United States has heretofore enjoyed, with the exception that the number of KC-135 tankers in Spain will be reduced to a maximum of five and the remaining tankers relocated; and that the nuclear submarines will be withdrawn from Spain by July 1, 1979, a date which corresponds with our changing requirements. In addition, the United States undertakes not to store nuclear devices or their components on Spanish soil. Details concerning the facilities granted are set forth in Supplementary Agreement Number Six, a related exchange of notes which includes U.S. military strength levels authorized in Spain, and an exchange of notes confirming United States military overflight rights and rights to use facilities in Spain for military aircraft transiting to third countries. The details of the military assistance to be provided Spain are set forth in Supplementary Agreement Number Seven and a related exchange of notes. Under these arrangements, the United States would provide to Spain, over the five year initial term of the Treaty, repayment guarantees under the Foreign Military Sales program for loans of $600 million, $75 million in defense articles on a grant basis, $10 million in military training on a grant basis, and a U.S. Air Force contribution, on a cost-sharing basis, of up to $50 million for the aircraft control and warning network used by the U.S. Air Force in Spain. In addition, provision is made to transfer to Spain five naval vessels and 42 F4E aircraft on terms which benefit that country. The notes exchanged include United States assurances to Spain on settlement of damage claims which might result from nuclear incidents involving a United States nuclear powered warship reactor. These assurances are based on Public Law 93-513. Finally, there is an exchange of notes relating to the possible transfer of petroleum storage and pipeline facilities presently used by United States forces in Spain. See S. Ex. E, 94th Cong., 2d Sess. Arts. V, VI, and VIII of the treaty read as follows: ARTICLE V Having recognized that their cooperation has strengthened the security of the Western World, and contributed to the maintenance of world peace, there is established a defense relationship between Spain and the United States of America. Consistent with the Declaration of Principles of July 19, 1974, they will, through this defense relationship, seek to enhance further their own security and that of the Western World. To such end, they will seek to develop the appropriate plans and coordination between their respective armed forces. This coordination will be carried out by a coordinating body as set forth in Supplementary Agreement Number Five. To further the purposes of this Treaty, the United States of America may use specific military facilities on Spanish territory, in accordance with the provisions set forth in Supplementary Agreement Number Six. The two parties will also, for these ends, cooperate in the acquisition as well as the production of appropriate materiel for their armed forces, in accordance with the provisions of Supplementary Agreement Number Seven. |