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Full Text of the US-Ghana Military Agreement To Parliament

Efo Korsi Senyo | Executive Editor

Dominic Nitiwul, Defense Minister

Read the13-page document below:

Dominic Nitiwul, Defence Minister.
MINISTRY OF DEFENCE
PARLIAMENTARY MEMORANDUM BY HON. MINISTER OF DEFENCE

ON
AGREEMENT BETWEEN THE GOVERNMENT OF THE UNITED STATES OF AMERICA

AND
THE GOVERNMENT OF THE REPUBLIC OF GHANA
ON
DEFENCE COOPOERATION, THE STATUS OF UNITED STATES FORCES, AND ACCESS TO AND USE OF AGREED FACILITIES AND AREAS IN THE REPUBLIC OF GHANA

MARCH 2018
SECRET
PARLIAMENTARY MEMORANDUM ON AGREEMENT BETWEEN THE GOVERNMENT OF THE UNITED STATES OF AMERICA AND THE GOVERNMENT OF THE REPUBLIC OF GHANA ON DEFENCE

COOPERATION, THE STATUS OF UNITED STATES FORCES, AND ACCESS TO AND USE OF AGREED FACILITIES AND AREAS IN THE REPUBLIC OF GHANA

1.0 PARLIAMENT ACTION REQUIRED 
Parliament is hereby respectfully requested to consider and approve the “Agreement between the Government of the United States of America and the Government of the Republic of Ghana on Defence Co-operation, the status of United States of Forces, and Access to and use of Agreed Facilities and Areas in the Republic of Ghana”. The Agreement, when ratified by Parliament, is intended to contribute to enhanced security co- operation between the USA and Ghana, based on full respect for the sovereignty of each other. It will also reaffirm in their shared commitment to peace and stability and ensure common opportunities to addressing regional defence and security issues.

2.0 INTRODUCTION
Contemporary issues regarding International peace and security and emerging trends of terrorism in most regions of the world (The West Africa Sub-region not an exception) has further justified the need for security co-operation among peace loving States. In so doing, there is the need for respect for the sovereignty of each other, whilst pursuing the said co-operative approaches to defence and security issues.

With the foregoing as the motivation to safe guard the interest of each other, Ghana and the USA have, since April 28, 2015, had a relationship defined in an “Acquisition and Cross-Servicing Agreement” which has ensured the said security co-operation between themselves. With the expiration of the said Acquisition and Cross-Servicing Agreement and taking into consideration the present trends in peace and security, the two countries have to renew their commitments towards each other. That renewal of commitment is outlined in the instant Draft Agreement titled “Agreement between the Government of

the United States of America and the Government of the Republic of Ghana on Defence Co-operation, the Status of United States Forces, and Access to and use of Agreed Facilities and Areas in the Republic of Ghana”.

3.0 BACKGROUND
An Acquisition and Cross-Servicing Agreement between the Government of the United States of America, represented by the United States Department of Defence and the Government of Ghana, represented by the Ministry of Foreign Affairs and Regional Integration was signed in Stuttgart on April 13 and entered into force on April 28, 2015. This Acquisition and Cross- Servicing Agreement served as an initial step for enhanced partnership and security co-operation between Ghana and the USA. It had the aim of strengthening the defence relationship between the two countries and also to address shared security challenges’ in the African Region, including those relating to the protection of Government personnel and. facilities. The Acquisition and Cross-Servicing Agreement has lapsed in duration and

therefore the need for this Agreement to ensure a continuation in the co- operation undertakings between the two countries.

4.0 JUSIFICATION
The approval of this Agreement between the Government of the United States of America and the Government of the Republic of Ghana on Defence Co-operation, the Status of United States Forces, and Access to and use of Agreed Facilities and Areas in the Republic of Ghana by Cabinet and its subsequent ratification by Parliament will go a long way to ensure access to and use of agreed facilities and areas by US forces within Ghana. This will also involve the facilitation of training, including maintaining unit readiness, continued exercises and other military opportunities that Ghana stands to benefit from.

The ratification of the Agreement will also ensure that there is enhanced and fruitful security co-operation between Ghana and the USA. This will ensure that the two countries co-operate more in the area of exchange of information and the conduct of joint operations to combat the threat of terrorism and other challenges in the West African region.

5.0 INTER-MINISTERIAL CONSULTATION 
The Draft Agreement was variously reviewed by the Attorney General’s (AG’s) Department. Other State Agencies, namely; Ministry of Foreign Affairs and Regional Integration (MOF ARI), Ministry of Finance (MOF), Attorney-General’s Department, Ministry of the Interior (Mal), National Security and the Ghana Armed Forces (GAF), made inputs into the Graft Agreement in order to ensure that it reflected the true interest of the country, during its preparation.

6.0 NEGOTIATION OF DRAFT BILL 
A two day negotiation meeting involving a delegation from the USA and Ghana’s representatives (made up of experts from the AG’s Department, MoF, MOD, MOFARI) was held at the MOD on 7th and 8thAugust 2017 to ensure fair terms for both parties in the Draft Agreement.

7.0 FINANCIAL IMPLICATION 
Largely the financial implications for Ghana as far as this Agreement is concerned has to do with the exemptions from the payment of taxes to be accorded US personnel under it (the Agreement). This however, is within the ambit of the Parliament of the Republic of Ghana, which will act in the interest of the country.

9.0 CONCLUSION
The Governments of the Republic of Ghana and the USA, intending to be ready to combat emerging trends in global security and to further existing relationships between themselves in the area of security co-operation, have come up with this Agreement. In doing that, the two countries recognize that their relationship is based on full respect for their individual sovereignty. The two countries also re-affirm the strong defence relationship between themselves, based on a shared commitment to peace and stability and common approaches to addressing regional defence and security issues.

The Agreement is a follow-up to on existing “Acquisition and Cross- Servicing Agreement” between the two countries which has lapsed and which needs to be continued. It sets forth a framework for enhanced partnership and security co-operation between the parties with the aim to strengthen mutual defence relationship and address security challenges in the region.

Parliament is hereby requested to consider and rectify the instant Draft Agreement.

HON DOMINIC .A. NITIWUL (MP)
MINISTER FOR DEFENCE
DATED 14th MARCH, 2018
REPUBLIC OF GHANA
OFFICE OF THE PRESIDENT
P.O. BOX 1627
ACCRA
TELE 0302-201000/2
12th March, 2018
AGREEMENT BETWEEN THE GOVERNMENT OF THE UNITED STATES OF AMERICA AND THE GOVERNMENT OF THE REPUBLIC OF GHANA ON DEFENCE CO-OPERATION, THE STATUS OF UNITED STATES FORCES, AND ACCESS TO AND USE OF AGREED FACILITIES AND AREAS IN THE REPUBLIC OF GHANA

Cabinet at its Twenty-eighth meeting held on Thursday, 8th March, 2018 discussed a report presented by the Security Committee of Cabinet on a Memorandum submitted by the Minister for Defence on the above subject.

2. The Memorandum sought Cabinet approval for an Agreement between the Government of the United States of America and the Government of the Republic of Ghana on Defence Co-operation, the

Status of United States Forces and Access to and use of Agreed Facilities and Areas in the Republic of Ghana.

3. Cabinet approved the Memorandum and recommended same to Parliament for ratification.

4. I should be grateful if you could take requisite action on the decision by Cabinet.

MERCY DEBRAH-KARIKARI
SECRETARY TO THE CABINET
THE HON. MINISTER FOR DEFENCE
cc: Chief of Staff
Secretary to the President
Secretary to the Vice’ President
The Chairperson, Security
Committee of Cabinet
AGREEMENT BETWEEN
THE GOVERNMENT OF THE UNITED STATES OF AMERICA
AND
THE GOVERNMENT OF THE REPUBLIC OF GHANA ON DEFENSE COOPERATION,

THE STATUS OF UNITED STATES FORCES,
AND
ACCESS TO AND USE OF AGREED FACILITIES AND AREAS IN THE REPUBLIC OF GHANA

Preamble
The Government of the United States of America (hereinafter “the United States”) and the Government of the Republic of Ghana (hereinafter “Ghana”), hereinafter referred to collectively as the Parties” and singularly as a “Party”;

Desiring to conclude an agreement contributing to enhanced security cooperation between the Parties,and recognizing that such cooperation is based on full respect for the sovereignty of each Party;

Reaffirming the strong defense relationship between the Patties based on a shared commitment to peace and stability and common approaches to addressing regional defense and security issues;

Reaffirming the recent dialogue between the Presidents of the United States and Ghana on the importance of the bilateral defense relationship; and

Considering that, by arrangement between the United States and Ghana, United States forces may be present in Ghana in pursuit of common defense efforts, as well as to provide support to the security of United States Government personnel and facilities in the region; and

Recalling the Acquisition and Cross-Servicing Agreement between the Government of the United States of America, Represented by the United States Department of Defense, and the Government of the Republic of Ghana, Represented by the Ministry of Foreign Affairs and Regional Integration, signed at Stuttgart on April 13 and Accra on April 28, 2015 and entered into force April 28, 2015;

Have agreed as follows:
ARTICLE 1
Definitions

  1. “United States forces” means the United States Department of Defense (hereinafter “DoD”), including its constituent organizations, and all of its property, equipment, and material and its military personnel and civilian personnel present in the territory of Ghana in connection with this

Agreement. Within this definition:

  1. “Military personnel” means members of the United States Armed Forces present in the territory of Ghana in connection with this Agreement; and
  2. “Civilian personnel” means persons who are employed by DoD present in the territory of Ghana in connection with this Agreement.

“United States contractor” means a person or entity supplying goods or services in Ghana to or on

behalf of United States forces under a contract or subcontract with or in support of DaD, and its

employees who are not nationals of or ordinarily resident in Ghana.

  1. “Agreed facilities and areas” means the facilities and areas in the territory of Ghana as described in
    Annex A, and such other facilities and areas in the territory of Ghana as may be provided by
    Ghana in the future, to which United States forces, United States contractors, and others as
    mutually agreed, shall have the right to access and use in connection with this Agreement.

4. “Executive Agent” means DoD for the United States and the Ministry of Defence for Ghana.

  1. “Duty” means a task or action that one is required to perform as part of one’s job as authorized
    under this Agreement.

ARTICLE 2
Purpose and Scope

  1. This Agreement sets forth a framework for enhanced partnership and security cooperation between
    the Parties with the aims of strengthening their defense relationship further and addressing shared
    security challenges in the region, including those relating to the protection of Government
    personnel and facilities.
  2. This Agreement clarifies access to and use of agreed facilities and areas by United States forces,
    thereby facilitating training, including to maintain unit readiness, combined exercises, and other
    military engagement opportunities.
  3. United States forces may undertake the following types of activities in Ghana: training; transit:
    support and related activities; refueling of aircraft; landing and recovery of aircraft, accommodation of personnel; communications; staging and deploying of forces and materiel: exercises; humanitarian and disaster relief; and other activities as mutually agreed.
  4. All obligations under this Agreement are subject to the availability of appropriated funds authorized for these purposes.

ARTICLE 3
Status of Military Personnel and Civilian Personnel

  1. Ghana shall accord to military personnel and civilian personnel 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.
  2. Military personnel may possess and carry arms in Ghana, while on duty if authorized to do so, by their orders, such authorization being made in consultation with the appropriate authorities of Ghana. Military personnel may wear their uniforms while performing official duties.

ARTICLE 4
Entry and Exit
Military personnel and civilian personnel may enter and exit Ghana with United States Government-furnished identification (for military personnel, an identification card and collective movement or individual travel orders, and for civilian personnel, a passport and official orders.

ARTICLE 5
Access to and Use of Agreed Facilities and Areas

  1. Ghana hereby provides unimpeded access to and use of agreed facilities and areas to United State forces, United States contractors, and others as mutually agreed. Such agreed facilities and area: or portions thereof, provided by Ghana shall be designated as either for exclusive use by United States forces or to be jointly used by United States forces and Ghana. Ghana shall also provide access to and use of a runway that meets the requirements of United States forces.

2. United States forces are hereby authorized to exercise all rights and authorities that are necessary for the use, operation, defense, or control of agreed facilities and areas, including taking appropriate measures to protect United States forces. United States forces intend to coordinate such measures with the appropriate authorities of Ghana.

  1. United States forces and United States contractors may undertake construction activities on, and
    make alterations and improvements to, agreed facilities and areas. United States forces may carry out construction works and other services with military personnel and civilian personnel.
  2. United States forces are hereby authorized to control entry to agreed facilities and areas that having
    been provided for exclusive use by United States forces, and to coordinate entry with the authorities of Ghana at agreed facilities and areas provided for joint use by United States force and Ghana, for purposes of safety and security.
  3. United States forces shall be responsible for the operation and maintenance, construction, and development costs of agreed facilities and areas provided for the exclusive use of United State: forces unless otherwise agreed. The Parties shall be responsible on the basis of their proportionate use for the operation and maintenance costs of agreed facilities and areas provided for joint use byUnited States forces and Ghana. Ghana shall furnish, without rental or similar costs to Unite:

States, all agreed facilities and areas, including those jointly used by United States forces and

Ghana.

  1. United States forces and United States contractors shall be afforded priority in access to and use 0
    agreed facilities and areas that have been provided for joint use whenever United States forces are
    conducting exercises or other activities in connection with this Agreement in Ghana. Access to
    and use of agreed facilities and areas by others may be authorized with the express consent a
    both Ghana and United States forces.
  2. From time to time, representatives of the Executive Agents shall conduct joint inspections of agreed facilities and areas, for instance at the start and completion of each period during which United States forces are physically present at the agreed facilities and areas. Each inspection shall be documented by written report, prepared by representatives of the Executive Agents, an: including the date, time, names of inspectors, and conditions identified. Copies of the report shall be provided to each Executive Agent within seven-1days of the completion of each inspection.

ARTICLE 6
Property Ownership

  1. All existing buildings, non-relocatable structures, and assemblies affixed to the land in agreed facilities and areas, including ones altered or improved by United States forces, remain the property of Ghana. Buildings constructed by United States forces shall become the property of Ghana, once constructed, but shall be used by United States forces until no longer needed by United States forces.
  2. United States forces shall return as the sole and unencumbered property of Ghana any agreed facility or area, or any portion thereof, including non-relocatable structures and assemblies constructed by United States forces, once no longer needed by United States forces. The Parties or their Executive Agents shall consult regarding the terms of return of any agreed facility or area, including possible compensation for improvements or construction.
  3. United States forces and United States contractors shall retain title to all equipment, material, supplies, relocatable structures, and other moveable property that have been imported into or acquired within the territory of Ghanaian connection with this Agreement.

ARTICLE 7
Prepositioning and Storage of Equipment, Supplies, and Materiel

United States forces are hereby authorized to preposition and store defense equipment, supplies, and material (hereinafter referred to as prepositioned materiel) at agreed facilities and areas. The prepositioned materiel of United States forces and the agreed facilities and areas or portions thereof designated for storage of such prepositioned materiel shall be for the exclusive use of United States forces. United States forces shall retain title to and control over the use of prepositioned material and shall have the right to remove such items from the territory of Ghana.

ARTICLE 8
Security

  1. Ghana shall take such measures as are necessary to ensure the protection, safety, and security of United States forces and United States contractors and the protection and security of United States property and official United States information. In furtherance of this responsibility, Ghana and United States forces shall cooperate closely to ensure that such security, safety, and protection are provided.

The Parties mutually agree that Ghana retains primary responsibility for security on and outside of agreed facilities and areas provided for joint use and outside of agreed facilities and areas that have been provided for exclusive use by United States forces.

  1. The Parties anticipate that United States forces and United States contractors may not be physically present at agreed facilities and areas at all times. During those times that United States forces, United States contractors, or Ghana authorities are not physically present at agreed facilities and areas, such facilities and areas shall remain locked and secure, and security for such facilities and areas shall be provided by Ghana, consistent with paragraph 2 of this Article.

ARTICLE 13
Driving and Professional Licenses

  1. Ghana agrees to accept as valid all professional licenses issued by the United States Government,
    or its States or political subdivisions, to military personnel and civilian personnel and to United States contractors, in relation to the provision of services as part of their official or contractual duties.
  2. Ghana agrees to accept as valid, without a driving test or fee, driving licenses or permits issued by
    the appropriate United States authorities to military personnel and civilian personnel and United States contractors for the operation of vehicles.

ARTICLE 14
Use of Radio Spectrum
Ghana recognizes that it may be necessary for United States forces to use the radio spectrum. United States forces 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 United States forces.

ARTICLE 15
Claims
1, Other than contractual claims, the Parties waive any and all claims against each other for damage to or loss or destruction of property owned by the Party, or death or injury to any military personnel and civilian employees of either Pa11y arising out of the performance of their official duties in Ghana.

2 Claims by third parties for damages or losses caused by military personnel and civilian personnel

shall be resolved by the United States Government in accordance with United States laws and regulations.

ARTICLE 16
Annex
Annex A shall be appended to this Agreement and shall form an integral part of this Agreement. Annex A to this Agreement may be amended by written agreement of the Parties or their Executive Agents without amending this Agreement.

ARTICLE 17
Implementation

  1. The Parties, or their Executive Agents, may enter into Implementing Arrangements to carry out the provisions of this Agreement.

2. The Parties hereby establish a Joint Committee to oversee implementation of this Agreement. The

Joint Committee shall be co-chaired by the representatives of the Executive Agents, and shall convene as necessary.

ARTICLE 18
Settlement of Disputes
Any dispute regarding the application, implementation, or interpretation of this Agreement, or its Implementing Arrangements, shall be resolved at the lowest level possible and, as necessary, elevated to the Executive Agents for consideration and resolution. Those disputes that cannot be resolved by the Executive Agents shall be referred to the Parties for consultation and resolution, as appropriate, and shall not be referred to any national or international court, tribunal, or similar body, or to any third party for settlement, unless otherwise mutually agreed.

ARTICLE 19
Entry into Force, Amendment, and Duration

  1. 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. Thereafter, it shall remain in force unless terminated by either Party ~n one year’s written notice to the other Party through diplomatic channels.
  2. Except as set forth in Article 16, this Agreement may only be amended by mutual written agreement of the Parties.

3 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 U.S. military and civilian personnel of the U.S. Department of Defense temporarily present in Ghana in connection with humanitarian relief operations in Southern Africa, effected by an exchange of notes at Accra March 22 and April 7. 2000 and

entered into force April 7, 2000.
IN WITNESS WHEREOF, the undersigned, being duly authorized thereto by their respective Governments, have signed this Agreement.

DONE at —— ———,in duplication, this ————-day of —————–20—-, in

The English language
FOR THE GOVERNMENT OF THE
UNITED STATES OF AMERICA
FOR THE GOVERNMENT OF THE
REPUBLIC OF GHANA

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