Colonel Francois, however, has publicly proclaimed defiance of the accord.
Colonel Francois said he was preparing to release "material proof" of his assertions.
The memorandum went on to name Colonel Francois, as a potential target in the case.
Colonel Francois, for example, has become the new czar of the elite's old monopolies: flour, sugar, rice and cement.
Colonel Francois was said to have decided to join him as soon as possible, according to television reports on Thursday.
Colonel Francois remained at the border through the night, sleeping in a four-wheel-drive vehicle.
Colonel Francois complained that he was left out of all negotiations with the Americans because of his relatively low - although lucrative - position.
One official said he would find it more significant that Colonel Francois was offering to resign if the offer could be fully confirmed.
Colonel Francois was also probably trying to cultivate a conciliatory image through his brother in the event that American forces intervene, he added.
The unit, which comes directly under the oversight of Colonel Francois, operates out of headquarters next to his office.