Ghana-US Military Agreement (FULL VERSION) - Page 3

Entry Into Force, Amendment and Duration

This Agreement shall enter into force on the date of the later note in an exchange of notes between the Parties indicating that each Party has completed its internal procedures necessary for entry into force. [The United States understands that Ghana may not be able to implement this Agreement until Parliamentary approval.]

Thereafter, it shall remain in force unless terminated by either Party on one year’s written notice to the other Party through diplomatic channels.

Except as set forth in Article 16, this Agreement may only be amended by mutual written agreement of the Parties.

This Agreement, upon its entry into force, shall supersede the agreement between the United States and Ghana regarding the status of United States military and civilian employees of the United States Department of Defense temporarily present in Ghana in connection with the African crisis Response Initiative and other activities, effected by an exchange of notes at Accra dated November 24, 1997 and February 24, 1998 and entered into force February 24, 1998; and the Agreement regarding the status of US military and civilian personnel of the US Department of Defence temporarily present in Ghana in connection with humanitarian relief operations in South Africa, effected by an exchange of notes at Accra March 22 and April 7, 2000.
 

IN WITNESS WHEREOF, the undersigned, being duly authorised thereto by their respective Governments, have signed this Agreement.

DONE at _____________, in duplicate, this ___ day of ______________, 20 __ , in the English language, each text being equally authentic.

FOR THE GOVERNMENT OF THE                                   FOR THE GOVERNMENT OF THE

UNITED STATES OF AMERICA                                       REPUBLIC OF GHANA

The 1998 Agreement

CONTENTS:

Exchange of notes dated 19 January and 24 February 1998 (African crisis Response Initiative and other activities)
 

Embassy of the

United States of America

No. 121 (Corrected)

The Embassy of the United States of America presents its compliments to the Ministry of Foreign Affairs of the Republic of Ghana and has the honour to refer to recent discussions between representatives of our two governments regarding issues related to U.S. military personnel and civilian employees of the U.S. Department of Defense who may be temporarily present in Ghana in connection with the African Crisis Response Initiative and other activities as may be agreed upon by our two governments.  The following is a corrected copy of this note dated November 24, 1997. 

The last line on page 1, paragraph 3 was included in the original but, omitted from the copies.

As a result of these discussions, the Embassy has the honour to propose that such personnel be accorded the status equivalent to that accorded to administrative and technical staff of the United States Embassy under the Vienna Convention on diplomatic relations of April 18, 1961, and that they may enter and exit Ghana with United States identifications and with collective movement or individual travel orders.

The Embassy further proposes that personnel be authorised to wear uniforms while performing official duties and to carry arms while on duty if authorised to do so by their orders; and that the Government of Ghana accord duty-free importation and exportation, as well as exemption from internal taxation on products, property, material and equipment imported into or acquired in Ghana by the United States Government in connection with their official activities. 

Vehicles, vessels and aircraft owned or operated by or exclusively for the US Armed Forces shall not be subject to the payment of landing or port fees, pilotage charges, navigation or overflight charges or light and harbour dues, while in Ghana; however, the United States Armed Forces shall pay reasonable charges for services requested and received. 

Such aircraft shall observe local air traffic control regulations while in Ghana.  Such vessels shall not be subject to compulsory pilotage at Ghanaian ports.  Finally, the Embassy proposes that both governments waive any and all claims (other than contractual claims) against each other for damage, loss or destruction of the property of the Department of Defense of the United States or the property of the Ministry of Defence of Ghana arising out of activities related to official duties, or for injury or death suffered by military personnel while engaged in the performance of their official duty.

If the foregoing is acceptable to the Government of Ghana, the Embassy has the honour to propose that this not, together with the Ministry’s reply, shall constitute an agreement between the governments which shall enter into force on 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 Ghana the assurances of its highest consideration.

Embassy of the United States of America,

Accra, January 19, 1998        

                                                                                                                                    (SEAL)

Attachment:

Suggested reply to Administrative and Technical Agreement

__________________________

1 Not transmitted

REPUBLIC OF GHANA

MINISTRY OF FOREIGN AFFAIRS

SCR.UN/OP/ACRFC

The Ministry of Foreign Affairs of the Republic of Ghana presents its compliments to the Embassy of the United States of America and has the honour to refer to the Embassy’s Note 12 dated 24th November, 1997 which reads as follows:

The Embassy of the United States of America presents its compliments to the Ministry of Foreign Affairs of the Republic of Ghana and has the honour to refer to recent discussions between representatives of our two governments regarding issues related to US military personnel and civilian employees of the US Department of Defence who may be temporarily present in Ghana in connection with the Africa Crisis Response Initiative and other activities as may be agreed upon by our two governments.

As a result of these discussions, the Embassy has the honour to propose that such personnel be accorded the status equivalent to that accorded to administrative and technical staff of the United States Embassy under the Vienna Convention on diplomatic relations of 18th April, 1961, and that they may enter and exit Ghana with United States identifications and with collective movement or individual travel orders.

The Embassy further proposes that such personnel be authorised to wear uniforms while performing official duties and to carry arms while on duty if authorised to do so by their order; and that the Government of Ghana accord duty-free importation and exportation, as well as exemption from internal taxation on products, property, material and internal taxation on products, property, material [sic] and equipment imported into or acquired in Ghana by the United States Government in connection with their official activities. 

Vehicles, vessels and aircraft owned or operated by or exclusively for the US Armed Forces shall not be subject to the payment of landing or port fees, pilotage charges, navigation or overflight charges or light and harbour dues while in Ghana; however, the United States Armed Forces shall pay reasonable charges for services requested and received. 

Such aircraft shall observe local air traffic control regulations while in Ghana.  Such vessels shall not be subject to compulsory pilotage at Ghanaian ports. 

Finally, the Embassy proposes that both governments waive any and all claims (other than contractual claims) against each other for damage, loss or destruction of the property of the Department of Defense of the United States or the property of the Ministry of Defence of Ghana arising out of activities related to official duties or for injury or death suffered by military personnel while engaged in the performance of their official duty.

If the foregoing is acceptable to the Government of Ghana, the Embassy has the honour to propose that this note, together with the Ministry’s reply, shall constitute an agreement between the governments which shall enter into force on 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 Ghana the assurances of its highest consideration.

Embassy of the United States of America Accra, November 24, 1997

The Ministry of Foreign Affairs  has the further honour to inform the Embassy of the United States that the proposals set forth in the Embassy’s Note are acceptable to the Government of Ghana and to confirm that the Embassy’s Note and this Note shall constitute an agreement between our two governments which shall enter into force on this date.

The Ministry of Foreign Affairs of the Republic of Ghana avails itself of this opportunity to renew to the Embassy of the United States of America the assurances of its highest consideration.

Accra,

24th February, 1998

Embassy of the U.S.A.

Accra

(SEAL)