Foreign Relations of the United States, 1952–1954, The Near and Middle East, Volume IX, Part 2

774.5 MSP/4–1152: Telegram

No. 974
The Secretary of State to the Embassy in Egypt¹

confidential

Washington, April 11, 1952—1:17 p.m.

1581. Ref immed preceding tel para 2.²

1. Short form “I have honor inform Your Excellency that Govt of Egypt has been declared eligible to receive from Govt of United States of America certain mil equipment and materials for police units, on a reimbursable basis under the authority and subject to the provisions of Section 408(e. of the Mutual Defense Assistance Act of 1949 (Public Law 329, 81st Congress), as amended by Public Law 621, 81st Congress, and by the Mutual Security Act of 1951 (Public Law 165, 82nd Congress). The provisions of these laws and the policy of the United States Govt require that certain assurances be recd before completing any transactions under Sec 408(e) of the Act.

It is the understanding of the United States Govt that the Govt of Egypt is prepared to accept the fol undertakings:

1. Such equipment, materials or services as may be acquired from the US under this agreement are required for and will be used solely to maintain the internal security of Egypt, and Egypt will not undertake any act of aggression against any other state.

2. The Govt of Egypt will not relinquish title to or possession of any equipment and materials, info or services furnished under this agreement, unless otherwise mutually agreed by the two Govts.

3. The Govt of Egypt will protect the security of any art, service or info furnished under this agreement.

4. It is understood that, prior to the transfer of any item or the rendering of any service under this Act, the US Govt retains the right to terminate the transaction.

5. The Govt of Egypt is prepared to accept terms and conditions of payment for any item or service which may be furnished under the Mutual Defense Assistance Act of 1949, as amended, which are in accord with the provisions of Sec 408(e. of that Act.

I have the honor to propose that this note, together with your reply confirming these assurances, constitute an agreement between the Govt of the US of Amer and the Govt of Egypt, effective on the date of your note.”

2. Long form “I have honor to inform Your Excellency that Govt of Egypt has been declared eligible to rec from Govt of US of Amer mil equipment and materials, on a reimbursable basis under the authority and subject to the provisions of Sec 408(e) of the Mutual Defense Assistance Act of 1949 (Public Law 329, 81st Congress), as amended by Public Law 621, 81st Congress, and by the Mutual Security Act of 1951 (Public Law 165, 82nd Congress). The provisions of these laws and the policy of the US Govt require that certain assurances be recd before completing any transactions under Sec 408(e) of the Act.

It is the understanding of the US Govt that the Govt of Egypt is prepared to accept the fol undertakings:

1. The Govt of Egypt agrees to use any assistance furnished under this agreement to further internatl peace and security within the framework of the Charter of the United Nations through measures which will enhance the ability of nations dedicated to the principles and purposes of the Charter to participate effectively in arrangements for individual and collective self-defense in support of those purposes and principles. In furtherance of these objectives, the Govt of Egypt will, consistent with the Charter of the United Nations, furnish as may hereafter be mutually agreed, equipment, materials, services, or other assistance to the US or to and among other nations whose increased ability to defend themselves against aggression is considered by the Govts of the US and of Egypt to be in their mutual interest.

2. The Govt of Egypt is prepared to assure the US Govt that such equipment, materials, or services as may be acquired from the US under this agreement are required for and will be used unless otherwise mutually agreed in accordance with the Charter of the United Nations solely to maintain its internal security and its legitimate self-defense, and that it will not undertake any act of aggression against any other state.

3. The Govt of Egypt will not relinquish title to or possession of any equipment and materials, info or services furnished under this agreement, unless otherwise mutually agreed by the two Govts.

4. The Govt of Egypt will protect the security of any art, service or info furnished under this agreement.

5. It is understood that, prior to the transfer of any item or the rendering of any service under this Act, the US Govt retains the right to terminate the transaction.

6. The Govt of Egypt is prepared to accept terms and conditions of payment for any item or service which may be furnished under this agreement which are in accord with the arrangements customarily made regarding such transactions.

I have the honor to propose that this note, together with your reply confirming these assurances, constituted an agreement between the Govt of the US of Amer and the Govt of Egypt, effective on the date of your note.”

Acheson

1. Repeated to London via air pouch.
2. In telegram 1580 to Cairo, Apr. 11, not printed, the Department of State informed the Embassy that the Director for Mutual Security had found Egypt eligible on Mar. 31 to receive reimbursable military assistance under Section 408(e) of the Mutual Defense Assistance Act, that Caffery was to inform the Egyptian Government of this fact, and that the United States was prepared to enter into an exchange of notes with Egypt as required by the Act. In paragraph 2 of this cable, the Embassy was told that the immediately following telegram contained the texts of alternative forms of notes. The Department observed that the short form was “limited to equipment desired for internal security only. Longer form covers whole range 408(e. reimbursable mil assistance, although initially equipment approved for purchase wld be limited to items for special police units. If Egypt prefers short form, US wld have no objection, although it shld be made clear that if mil as opposed police unit equipment desired by Egypt and purchase approved by US at later date, longer form wld have to be signed. Little leeway in long form is possible under existing laws and policies. You are authorized negot with Egypt Govt whichever of two texts you believe preferable, but distinction between two shld be clearly set forth to them.” (774.5 MSP/4–1152)