BUYING Request for Final All-Inclusive Price - Turkey

[Kane]

EXPRESSION OF INTEREST FOR TRAINING PLATFORM​

To: Ayşe Çelik, Minister of National Defense, Government of Turkey. Jay
From: Luiz Fernando Delchiaro, Minister of Defense, Federal Republic of Brazil.
Subject: Request for Final All-Inclusive Price
Date: May 2007

Your Excellency,

Brazil is launching a comprehensive modernization of its land forces and we would be honored to make Türkiye a cornerstone partner in this effort. In the spirit of opening a long-term defence–industrial friendship, we kindly request a final, all-inclusive price quotation for the following items as published by Türkiye:

• 145 × Leopard 2A6
• 125 × T-155 Fırtına
• 210 × MKEK 155 mm Panter

For rapid execution on our side, please provide a single Firm Fixed Price (USD) that includes:

• Platforms/systems as listed, with standard accessories and tools;
• Initial spares and consumables for 24 months; basic training (operator & maintainer);
• Technical publications; packing, handling, and freight to Brazil (Incoterms to be specified);
• Any one-time integration or configuration costs; warranty terms.

If helpful, you may also attach a short delivery schedule (first shipments and monthly cadence). Upon receipt of your final all-in total, Brazil will proceed with immediate transfer in accordance with the international procedures and using the exact required needs.

We value Türkiye’s proven capabilities and look forward to building a durable commercial and strategic relationship—beginning with this order and extending into MRO, training cooperation, and potential future co-production opportunities.

Please accept the assurances of my highest consideration.



Luiz Fernando Delchiaro
Minister of Foreign Affairs
Federative Republic of Brazil
Brasília

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= CONFIDENTIAL =
TODAS AS INFORMAÇÕES CONTIDAS NESTE DOCUMENTO DEVEM ESTAR EM CONFORMIDADE
COM A REGULAMENTAÇÃO VIGENTE SOBRE DIVULGAÇÃO DE INFORMAÇÕES APROVADA PELO PARLAMENTO BRASILEIRO.

 

[Kane]

Jay

 

[Jay]

Dışişleri Bakanlığı Ministry of Foreign Affairs​

AUTHENTIC COMMUNIQUE OF THE OFFICE OF FOREIGN AFFAIRS Security Clearance: Secure and Encrypted ŞİFRELEME KORUMASI: KAPLUĞA​

[Recipient]: Luiz Fernando Delchiaro, Minister of Defense < Kane > [Sender]: Minister of Foreign Affairs, Türkiye < SÇBoz@db.tr.gov > [Subject]: Confidential // Request for Final All-Inclusive Price

Dear Minister Delchiaro, It is my pleasure to confirm receipt of your email dated May 2007 regarding a desire to purchase Turkish defense products. Please accept our apologies for the lapse in responding to this communication. It is addressed to the former Minister of Defense and, therefore, was not brought to our attention until routine email maintenance. We look forward to enhancing our ties with Brazil and look to this defense sale as the beginning of a strong and fruitful diplomatic relationship. Brazil, like Türkiye, is a major power and we hope that our two nations may collaborate to strengthen South-to-South relations. Regarding your requests, please find the following invoice attached below. While the T-155 II and Leopard 2A6 can be delivered promptly, the Turkish Government will grant Brazil a limited production right to produce 210 155M Panthers for the listed licensee fee. All systems will come with the standard accessories and tools required to operate and maintain the vehicle following immediate delivery. T-155 and Panther will also come with the necessary technical publications; however, the Turkish Government can not provide publications for the Leopard 2A6. The Turkish Government can not provide a warranty for the Leopard 2A6 as it is not a product produced by the Turkish Government. Brazil must source any spares, integration systems, and other products for it separately. The Turkish Government, as a gesture of goodwill, will include 3 months of Turkish spares and consumables as part of this package. Due to the conditions of sale, the Turkish Government can not provide any warranty for Turkish or third-party defense products. If these clarifications are acceptable, please note that these sales are final and are subject to the following conditions The Turkish Government does not sell or transfer domestic production rights of Turkish or foreign-origin defence systems. The TDEC is not liable for the use of equipment sold. All customers indemnify Türkiye against legal, political, or insurance claims. Equipment is sold strictly for defensive, humanitarian, and internationally lawful purposes. No resale, re-export, trade, or donation of equipment to third parties is permitted without written consent from the TDEC, in the case of the Leopard 2, the German Government. No upgrades, reverse engineering, or derivative design efforts may be undertaken without the explicit approval of the TDEC. If any breach of these conditions occurs, the TDEC retains the right to cancel delivery or retain payment. The act of transferring funds constitutes acceptance of these terms and conditions. Any disputes arising from this agreement shall be governed by the laws of the Republic of Türkiye. Dispute resolution shall occur in Ankara, under Turkish Commercial Law. Arbitration proceedings shall be held in English, conducted under the Turkish Institution of Arbitration. The prevailing party is entitled to recover legal and arbitration fees. Regards, Sümeyye Boz Minister of Foreign Affairs Türkiye

SECURED ATTACHMENT ENCRYPTED & SECURED​

Government of Türkye Payment for Surplus Military Equipment Date: May 18, 2007 Item Quantity Unit Price (USD) Total (USD) T-155 II 125 $4,150,000 $518,750,000 Leopard 2A6 Main Battle Tanks 145 $5,760,000 $835,200,000 MKEK 155 mm Panter 210 $254,546 (product price) $13,858,586 (Licensee Fee) TOTAL AMOUNT DUE: $1367,808,586 Payment Information:​ Payment Method: Bank Transfer Bank Name: Turkiye Transaction ID: TRK2007-BRX022

 

[Kane]

EXPRESSION OF INTEREST FOR EQUIPMENT PURCHASE​

To: Ayşe Çelik, Minister of National Defense, Government of Turkey. Jay
From: Luiz Fernando Delchiaro, Minister of Defense, Federal Republic of Brazil.
Subject: Request for Final All-Inclusive Price
Date: June 2007
Security: ENCRYPTED / CONFIDENTIAL

Excellencies,

Thank you for your comprehensive reply and the clarifications provided. Brazil appreciates Türkiye’s cooperation and is prepared to proceed subject to the inclusion of a standard Pre-Delivery Inspection (PDI) and Acceptance clause, as follows:

Pre-Delivery Inspection & Acceptance (PDI):

1. PDI Teams & Access. Brazilian engineering and quality-assurance teams shall be granted reasonable access to the designated Turkish facilities to inspect and function-check the Leopard 2A6 and T-155 Fırtına units prior to shipment.
2. Conformity Standard. Units must conform to the agreed technical condition and be free from material defects that would prevent safe operation or training use (“Non-Conforming Unit”).
3. Right to Replace. Any Non-Conforming Unit identified during PDI or at Site Acceptance in Brazil (within 30 days of receipt) will be replaced on a one-for-one basis with a unit in compliant condition, at no additional cost to Brazil.
4. No Warranty Implication. For the avoidance of doubt, this clause does not constitute an ongoing warranty and does not modify your stated position on warranties. It is limited to pre-delivery and initial acceptance conformity.
5. Logistics & Schedule. PDI will be coordinated so as not to delay the agreed delivery schedule. Findings will be notified in writing within 5 business days; replacements will be slotted into the earliest feasible shipment.

All other conditions stated in your message, export controls, use restrictions, IP/non-reverse-engineering, non-transfer without consent, governing law, venue and arbitration, are acknowledged.

Considering the acceptance by your side of the PDI clause above, we have issued the corresponding Purchase Order and the money transfer has been delivered.

We look forward to this package as the beginning of a strong and mutually beneficial defence-industrial relationship.

Warm regards,

Luiz Fernando Delchiaro
Minister of Foreign Affairs
Federative Republic of Brazil
Brasília

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= CONFIDENTIAL =
TODAS AS INFORMAÇÕES CONTIDAS NESTE DOCUMENTO DEVEM ESTAR EM CONFORMIDADE
COM A REGULAMENTAÇÃO VIGENTE SOBRE DIVULGAÇÃO DE INFORMAÇÕES APROVADA PELO PARLAMENTO BRASILEIRO.

 

[Jay]

Dışişleri Bakanlığı Ministry of Foreign Affairs​

AUTHENTIC COMMUNIQUE OF THE OFFICE OF FOREIGN AFFAIRS Security Clearance: Secure and Encrypted ŞİFRELEME KORUMASI: KAPLUĞA​

[Recipient]: Luiz Fernando Delchiaro, Minister of Defense < Kane > [Sender]: Minister of Foreign Affairs, Türkiye < SÇBoz@db.tr.gov > [Subject]: Confidential // Request for Final All-Inclusive Price

Dear Minister Delchiaro, It is my pleasure to confirm receipt of your email dated June 2007 regarding confirmation of funds, which, for the purposes of our agreement, constituted acceptance per the terms provided by the Turkish Government and TDEC. The Government of Brazil has bought the excess equipment in its current condition, which has been marketed as "Excellent Condition [Unused]". Any non-conforming complaints received after shipment will be the responsibility of the Brazilian Government, and the Turkish Government bears no obligations to replace those systems. Brazil may inspect the systems upon arrival in Brazil and will have until July 2007 to present any issues it finds to the Turkish Government. The Turkish Government will, at its sole discretion, determine whether to provide a replacement, a refund, or any other remedies, or none at all, it finds appropriate. As a courtesy notice, the Turkish Government has begun the process of selling 80 F-16 Fighter aircraft and 380 MH-60R helicopters. We encourage the Brazilian Government to consider further purchases from the surplus store of the Turkish Government. Regards, Sümeyye Boz Minister of Foreign Affairs Türkiye

SECURED ATTACHMENT ENCRYPTED & SECURED​

TRANSFER OF PRODUCTS x 145 Leopard 2A6 x 125 T-155 Fırtına​