TREATIES AND OTHER INTERNATIONAL ACTS SERIES 17-628

________________________________________________________________________

DEFENSE

Test and Evaluation Program Cooperation

Memorandum of Agreement

Between the

UNITED STATES OF AMERICA

and SWEDEN

Signed at Stockholm June 28, 2017

with

Annexes and Appendices
 NOTE BY THE DEPARTMENT OF STATE

 Pursuant to Public Law 89—497, approved July 8, 1966

(80 Stat. 271; 1 U.S.C. 113)—

“. . .the Treaties and Other International Acts Series issued

under the authority of the Secretary of State shall be competent

evidence . . . of the treaties, international agreements other than

treaties, and proclamations by the President of such treaties and

international agreements other than treaties, as the case may be, 

therein contained, in all the courts of law and equity and of maritime

jurisdiction, and in all the tribunals and public offices of the

United States, and of the several States, without any further proof

or authentication thereof.”
 SWEDEN

 Defense: Test and Evaluation Program

 Cooperation

 Memorandum of agreement signed at 

 Stockholm June 28, 2017;

 Entered into force June 28, 2017.

 With annexes and appendices.
MEMORANDUM OF AGREEMENT 


BETWEEN 


THE DEPARTMENT OF DEFENSE 


OF THE UNITED STATES OF AMERICA 


AND 


THE SWEDISH DEFENCE MATERIEL ADMINISTRATION 


UNDER THE AUTHORIZATION OF 


THE GOVERNMENT OF THE 


KINGDOM OF SWEDEN 


(FMV) 


CONCERNING 


TEST AND EVALUATION PROGRAM (TEP) COOPERATION 


(SHORT TITLE: U.S.-SW TEP MOA) 

TABLE OF CONTENTS 


PREAMBLE ....................................................................................................................... 4 


ARTICLE I 


DEFINITIONS............................................................................................................... 5 


OBJECTIVES .............................................................................................................. IO 


ARTICLEX 


ARTICLE II 


ARTICLE III 


SCOPE OF WORK ...................................................................................................... 12 


ARTICLE IV 


MANAGEMENT (ORGANIZATION AND RESPONSIBILITY) ............................ 14 


ARTICLE V 


FINANCIAL PROVISIONS ....................................................................................... 19 


ARTICLE VI 


CONTRACTING PROVISIONS ................................................................................ 22 


ARTICLE VII 


WORK SHARING ....................................................................................................... 24 


ARTICLE VIII 


EQUIPMENT AND MATERIAL ............................................................................... 26 


ARTICLE IX 


DISCLOSURE AND USE OF INFORMATION ........................................................ 27 


CONTROLLED UNCLASSIFIED INFORMATION ................................................ 35 


ARTICLE XI 


VISITS TO ESTABLISHMENTS........................................... , ................................... 36 


ARTICLE XII 


SECURITY .................................................................................................................. 37 


ARTICLE XIII 


THIRD PARTY SALES AND TRANSFERS .............................................................. 40 


ARTICLE XIV 


LIABILITY AND CLAIMS ........................................................................................ 42 


2 
ARTICLE XV 


CUSTOMS DUTIES, TAXES, AND SIMILAR CHARGES ..................................... 44 


ARTICLE XVI 


SETTLEMENT OF DISPUTES .................................................................................. 45 


ARTICLE XVII 


LANGUAGE ............................................................................................................... 46 


ARTICLE XVIII 


GENERAL PROVISIONS .....................................................................47 


ARTICLE XIX 


AMENDMENT, TERMINATION, ENTRY INTO FORCE, AND DURATION ..... 48 


ANNEX A 


MODEL RECIPROCAL USE OF TEST FACILITIES (RUTF) 


PROJECT AGREEMENT (PA) ................................................................................. A-1 


ANNEXB 


MODEL COOPERATIVE TEST AND EVALUATION (CTE) 


PROJECT AGREEMENT (PA) ............................................................................... B-1 


ANNEXC 


COOPERATIVE PROJECT PERSONNEL (CPP) ................................................... C-1 


ANNEXD 


MODEL WORKING GROUP (WG) TERMS OF REFERENCE (TOR) ................ D-1 


3 
PREAMBLE 


The Department of Defense ofthe United States ofAmerica {U.S. DoD) and the Swedish 

Defence Materiel Administration Under the Authorization ofthe Government ofthe Kingdom of 

Sweden {FMV), hereinafter referred to as the "Parties": 

Recognizing the General Security of Military Information Agreement (GSOMIA) Between the 

Government ofthe United States ofAmerica and the Government of Sweden, which entered into 

force on December 23, 1981, and the Security Agreement for Industrial Operations Between the 

Government ofthe Kingdom of Sweden, as Represented by Forsvarets materielverk, and the 

Department of Defense ofthe United States of America, dated May 20, 2004: 

Having a common interest in defense; 

Recognizing the benefits to be obtained from cooperation, standardization, rationalization, and 

interoperability of military equipment; 

Desiring to improve their mutual conventional defense capabilities through the application of 

emerging technology; 

Having a mutual need to engage in a broad range of cooperative or reciprocal Test and 

Evaluation {T&E) activities to satisfy common operational requirements; and 

Having independently conducted testing ofthe applications ofvarious technologies, and 

recognizing the benefits of cooperation in the T &E arena; 

Have reached the following agreement: 

4 
ARTICLE I 


DEFINITIONS 


The Parties have agreed upon the following definitions ofterms used in this Test and Evaluation 


Program (TEP) Memorandum ofAgreement (MOA): 

Approval in Principle (AIP) The Parties' Management Agents' preliminary acceptance of a 

Project proposal for a Project in which they would be involved, 

which shall enable such Parties to enter into technical discussions 

to develop a Project Agreement (PA) for final approval. 

Background Information Information not generated in the performance ofa TEP Activity. 

Classified Information Official Information that requires protection in the interests of 

national security and is so designated by the application ofa 

security classification marking. This Information may be in oral, 

visual, magnetic, electronic, or documentary form, or in the form of 

equipment or technology. 

Contract Any mutually binding legal relationship under national laws that 

obligates a Contractor to furnish supplies or services, and obligates 

one or both ofthe Parties to pay for them. 

Contracting The obtaining of supplies or services by Contract from sources 

outside the governmental organizations ofthe Parties. Contracting 

includes a description (but not determination) ofsupplies and 

services required, solicitation and selection of sources, preparation 

and award of Contracts, and all phases of Contract administration. 

Contracting Agency The entity within the governmental organization of a Party that has 

authority to enter into, administer, or terminate Contracts. 

Contracting Officer A person representing a Contracting Agency ofa Party who has the 

authority to enter into, administer, or terminate Contracts. 

Contractor Any entity awarded a Contract by a Party's Contracting Agency. 

Contractor Support Personnel Persons specifically identified as providing administrative, 

managerial, scientific, or technical support services to a Party 

under a support Contract. 

Controlled Unclassified 

Information 

Unclassified Information to which access or distribution limitations 

have been applied in accordance with applicable national laws or 

regulations. It could include Information that has been declassified 

but remains controlled. 

5 
Cooperative Project 

Personnel (CPP) 

Cooperative Test and 

Evaluation (CTE) Project 

Agreement (PA) 

Cost(s) 

Customer Party 

Defense Purposes 

Designated Security 

Authority (DSA) 

Direct Cost 

Equipment and Material 

Financial Costs 

Foreground Information 

Host Party 

Indirect Cost 

Military members or civilian employees ofa Parent Party assigned 

to a Project at the other Party's facility who perform managerial, 

engineering, technical, administrative, Contracting, logistics, 

financial, planning, or other functions in furtherance of a 

Cooperative Test and Evaluation (CTE) PA. 

A PA under this TEP MOA that specifies the provisions for 

cooperation between the Parties, on an equitable basis, on a 

specific TEP Activity. 

Both Financial Cost(s) and Non-financial Cost(s) ofa Project. 

The Party for whom the Perfonning Party is providing testing 

services by means of a Reciprocal Use ofTest Facilities Project 

Agreement (RUTF) PA. 

Manufacture or other use in any part of the world by or for the 

armed forces of either Party. 

The security authority designated by national authorities to be 

responsible for the coordination and implementation of national 

industrial security aspects ofthis TEP MOA. 

Any item of Cost that is easily and readily identified to a specific 

TEP Activity, that would not have been incurred but for the TEP 

Activity. 

Any material, equipment, end item, subsystem, component, special 

tooling, or test equipment acquired or provided for use in a TEP 

Activity. 

Costs met with monetary contributions. 

Information generated in the performance ofa specific TEP 

Activity. 

The Party whose nation provides the facility where CPP are hosted. 

Any item of Cost that is not easily and readily identified to a 

specific TEP Activity, but that is related to that TEP Activity; this 

may include general and administrative expenses for such activities 

as supporting base operations, manufacturing, supervision, 

procurement ofoffice supplies, and utilities that are accumulated 

Costs allocated among several users. 

6 
Information 

Intellectual Property 

Invention 

Non-financial Costs 

Parent Party 

Party 

Patent 

Knowledge that can be communicated by any means, regardless of 

form or type, including, but not limited to, that of a scientific, 

technical, business, or financial nature, and also including 

photographs, reports, manuals, threat data, experimental data, test 

data, computer software, designs, specifications, processes, 

techniques, inventions, drawings, technical writings, sound 

recordings, pictorial representations, and other graphical 

presentations, whether in magnetic tape, computer memory, or any 

other form, and whether or not subject to Intellectual Property 

rights. 

In accordance with the World Trade Organization Agreement on 

Trade-related Aspects of Intellectual Property Rights ofApril 15, 

1994, all copyright and related rights, all rights in relation to 

inventions (including Patent rights), all rights in registered and 

unregistered trademarks (including service marks), registered and 

unregistered designs, undisclosed Information (including trade 

secrets and know-how), layout designs of integrated circuits, and 

geographical indications, and any other rights resulting from 

creative activity in the industrial, scientific, literary, and artistic 

fields. 

Any invention in any field oftechnology, provided it is new, 

involves an inventive step, is capable of industrial application, and 

is formulated or made (conceived or "first actually reduced to 

practice") in the course of work performed under a TEP Activity. 

The term "first actually reduced to practice" means the first 

demonstration, sufficient to establish to one skilled in the art to 

which the invention pertains, ofthe operability of an invention for 

its intended purpose and in its intended environment. 

Costs met with non-monetary contributions. 

The Party that sends its CPP to a cooperative Test and Evaluation 

Project at the other Party's Test Facility. 

A signatory to this TEP MOA represented by its military and 

civilian personnel. Contractors and Contractor Support Personnel 

shall not be representatives of a Party under this TEP MOA. 

Grant by any government or a regional office acting for more than 

one government ofthe right to exclude others from making, using, 

importing, selling, or offering to sell an Invention. The term refers 

to any and all patents including, but not limited to, patents of 

implementation, improvement, or addition, petty patents, utility 

models, appearance design patents, registered designs, and inventor 

7 
Performing Party 

Project 

Project Agreement (PA) 

Project Closure Report 

Project Invention 

Project Plan 

Prospective Contractor 

Reciprocal Use ofTest 

Facilities (RUTF PA) 

Test and Evaluation (T &E) 

Test and Evaluation Program 

(TEP) Activity 

certificates or like statutory protection as well as divisions, 

reissues, continuations, renewals, and extensions of any ofthese. 

The Party providing test services to a Customer Party under a 

RUTFPA. 

A TEP Activity undertaken by the Parties and conducted pursuant 

to a PA established under this TEP MOA. 

An implementing agreement established under this TEP MOA that 

can be either an RUTF PA or a CTE PA. 

A document written by the Project Officers (POs) for both Parties' 

Management Agents (MAs) at the end ofthe Project identifying 

Project completion, major benefits, deficiencies in completing the 

Project, and reconciliation of financial information. 

Any invention in any field of technology, provided it is new, 

involves an inventive step, is capable of industrial application, and 

is formulated or made (conceived or "first actually reduced to 

practice") in the course ofwork performed under a Project. The 

term "first actually reduced to practice" means the first 

demonstration sufficient to establish to one skilled in the art to 

which the invention pertains, of the operability of an invention for 

its intended purpose and in its intended environment. 

A document that provides a description ofa Project's events, 

delivery requirements and milestones that is updated periodically 

by the Project Officers throughout the life of a Project. 

Any entity that seeks to enter into a Contract to be awarded by a 

Party's Contracting Agency and that, in the case of a solicitation 

involving the release of export-controlled Information, is eligible to 

receive such Information. 

A PA under this TEP MOA that specifies the Cost, schedule, 

and performance aspects ofa test effort conducted by the 

Performing Party's Test Facility for the Customer Party. 

The overall process of data collection, data reduction, and the 

analysis ofthat data for a specific purpose or application. 

A cooperative effort by the Parties to achieve the objectives in 

Article II (Objectives) and the work in Article Ill (Scope of 

Work) ofthis TEP MOA. 

8 
Test Facility Range, facility, or other capability or venue where T&E of 

Test Report 

Third Party 

Working Group (WG) 

defense Equipment and Material may be performed. 

The final report of the test agency documenting results ofdata 

gathering and analysis, achievement ofthe test objectives, 

conclusions, and recommendations. 

A government other than the Government of a Party and any 

person or other entity whose government is not the Government 

ofa Party. 

Any group authorized to conduct TEP-related T &E activities by 

the MAs, in accordance with Article III (Scope of Work) and 

Article JV (Management (Organization and Responsibility)) of 

this TEP MOA. 

9 
ARTICLE II 


OBJECTIVES 


2.1. 	 The objective ofthis Test and Evaluation Program Cooperation Memorandum of 

Agreement (TEP MOA) is to prescribe the general provisions that shall apply to the 

initiation, conduct, and management ofTest and Evaluation Program (TEP) Activities 

detailed in separate Project Agreements (PAs), or Working Groups (WGs) between 

representatives, authorized in accordance with the national policies and procedures of 

the Parties. These PAs and WGs shall be entered into pursuant to this TEP MOA and 

shall incorporate by reference the terms ofthis TEP MOA. Additionally, this TEP MOA 

shall allow the exchange of Information for determining the feasibility ofTEP Activities 

and for the purpose of harmonizing the Parties' defense requirements to assist in better 

defining potential cooperative TEP Activities under this TEP MOA. 

2.2. 	 The specific objectives of this TEP MOA are to: 

2.2.1. 	 conduct cooperative T &E of systems of shared interest; 

2.2.2. 	 share test resources through reciprocal and cooperative use ofTest Facilities, 

ranges, and other test capabilities and testing tools; 

2.2.3. 	 facilitate and enhance T &E cooperation and targeted Information exchange for 

cooperation in support of future defense capabilities; 

2.2.4. 	 enhance interoperability between the Parties; 

2.2.5. 	 conduct cooperative development oftest capabilities, test procedures and 

methods, and test standards and criteria; 

2.2.6. 	 promote defense T &E technology and cooperation between the Parties; and 

2.2.7. 	 enhance capability and reduce overall Costs and risks for both Parties through 

the sharing of Information, including future defense requirements and current 

and future technological developments. 

2.3. 	 Detailed terms and conditions of each PA and WG Terms of Reference (TOR) shall be 

consistent with this TEP MOA. Each PA and WG TOR shall include specific provisions 

concerning the objectives, scope ofwork, sharing ofwork, management structure, 

financial arrangements, and classification for the applicable PA or WG TOR in 

accordance with the formats set forth in Annex A (Model Reciprocal Use of Test 

Facilities (RUTF) Project Agreement (PA)), Annex B (Model Cooperative Test and 

Evaluation (CTE) Project Agreement (PA)), Annex C (Cooperative Project Personnel 

(CPP), and Annex D (Model Working Group (WG) Terms of Reference (TOR)) to this 

TEP MOA, to the extent applicable and practical. 

10 
2.4. 	 The Parties intend to use their best efforts to accommodate T&E requirements ofthe 

other Party. Each Party may, however, decline to conduct a proposed TEP Activity in its 

country on a case-by-case basis. 

11 
ARTICLE Ill 


SCOPE OF WORK 


3.1. 	 The scope of work for this TEP MOA shall encompass collaboration in T&E potentially 

leading to new or improved defense capabilities. TEP Activities may encompass one or 

more of the following: 

3.1.1. 	 accommodation oftesting requirements on a reimbursable basis under the 

provisions ofa RUTF PA. This may include access to, or transfer of, test 

instrumentation and other testing tools; 

3.1.2. 	 conduct ofcooperative T &E of systems of shared interest under the provisions of 

aCTEPA; 

3.1.3. 	 conduct ofjoint tests to advance test technology; 

3.1.4. 	 cooperative development ofnew or existing test instrumentation, equipment, 

other testing tools, and Test Facilities; 

3.1.5. 	 cooperative development oftesting criteria, standards, and procedures; 

3.1.6. 	 exchange oflnformation on T&E policy, testing criteria, standards and 

procedures, and other test-related or test-derived Information including, but not 

limited to, doctrine, tactics, and operational requirements; 

3.1.7. 	 transfer oftest technologies and procedures; 

3.1.8. 	 familiarization with each other's facilities and identification ofpotential 

cooperative T &E opportunities; and 

3.1.9. 	 assistance from Party personnel to improve test capabilities and support the 

conduct of TEP Activities between the Parties. 

3.2. 	 Activities under this TEP MOA shall be pursued bilaterally. 

3.3. 	 The following mechanisms shall be used to undertake the TEP Activities described in 

paragraph 3.1. of this Article: 

3.3.1. 	 TEP PAs: 

3.3. l. l. RUTF PA: This type of PA shall be established pursuantto Annex A 

(Model Reciprocal Use ofTest Facilities (RUTF) Project Agreement (PA)) to this 

TEP MOA, to the extent appli¥able and practicable. Submission of a Project 

proposal by the Customer Party to request Approval in Principle (AIP) from the 

Performing Party shall be required prior to negotiating a RUTF PA. 

12 
3.3.1.2. CTE PA: This type of PA shall be established pursuant to Annex B 

(Model Cooperative Test and Evaluation (CTE) Project Agreement (PA)) to this 

TEP MOA, to the extent applicable and practicable. Submission of a Project 

proposal to request AIP or other authorization, as appropriate, may be required 

prior to negotiating a CTE PA. 

3.3.2. Information may be exchanged to identify cooperative activities of mutual interest 

and to assist in formulating, developing, and negotiating potential PAs and WG TORs 

under this TEP MOA. This includes, but is not limited to, the exchange ofdefenserelated T &E Information necessary to define and support TEP Activities. 

3.3.3. WGs may be established to harmonize the Parties' T&E requirements and 

exchange Information to determine the feasibility of further cooperation via a PA. WGs 

shall be limited in scope to a well-defined area and shall endeavor to assess the issue 

based on Information provided by the Parties in such a way as to arrive at a jointly 

determined position within a set time period. WGs shall have their own written TOR 

using the format set out in Annex D (Model Working Group (WG) Terms of Reference 

(TOR)) to this TEP MOA, to the extent applicable and practical. Unless and until 

Information exchanged in WGs is used in a PA, the receiving Party shall use such 

Information only for information and evaluation purposes. 

3.3.4. Familiarization visits may occur, in accordance with Article XI (Visits to 

Establishments) ofthis TEP MOA, to promote awareness ofthe other Party's Test 

Facilities and test capabilities and to identify areas ofpotential TEP Activities under this 

TEPMOA. 

3.3.4.l. Visits may include observation oftest-related activities. 

3.3.4.2. Visits may include feasibility assessments pursuant to development of 

PAs. 

3.4. 	 Individual CTE PAs may provide for the assignment of Cooperative Project Personnel 

(CPP) from one Party to facilities ofthe other Party to participate in the CTE Project. 

Such CTE PAs shall incorporate by reference the provisions of Annex C (Cooperative 

Project Personnel (CPP)) to this TEP MOA. 

3.5. 	 Execution ofacquisition or production programs that may be proposed as a result of 

cooperation under TEP Activities under this TEP MOA are outside the scope of this TEP 

MOA and shall require conclusion of separate agreements. 

3.6. 	 This TEP MOA does not preclude the Parties from entering into any other agreement in 

the area oftest and evaluation. 

13 
ARTICLE IV 


MANAGEMENT (ORGANIZATION AND RESPONSIBILITY) 


4. 1. This TEP MOA shall be directed and administered on behalf ofthe Parties by the 

Agreement Directors (ADs) and Management Agents (MAs). The Project Officers (POs) 

or WG leads shall be designated by Parties to a TEP Activity. The Parties shall maintain 

and fund their own organizations for managing this TEP MOA. There is no intent to 

establish a standing management organization for this TEP MOA. 

4.2. 	 The Director, Operational Test and Evaluation, for the U.S. DoD (or successor in the 

event ofreorganization) is designated the U.S. DoD Agreement Director (U.S. AD). The 

Director ofT &E, the Swedish Defence Materiel Administration (FMV) (or successor in 

the event ofreorganization), is designated the Swedish Agreement Director (SW AD). 

The ADs shall be responsible for: 

4.2. 1. Monitoring implementation ofthis TEP MOA and exercising executive-level 

oversight; 

4.2.2. 	 Monitoring the overall use and effectiveness ofthe TEP MOA; 

4.2.3. 	 Approving PAs, in accordance with this TEP MOA and national policies and 

procedures; 

4.2.4. 	 Recommending and approving amendments to this TEP MOA, and amendments 

to PAs under this TEP MOA; and 

4.2.5. 	 Resolving issues brought forth by the Management Agents (MAs). 

4.3. 	 The Principal Deputy Director, Operational Test and Evaluation (or successor or 

designee), is designated the U.S. DoD MA. The Chief of Staff, FMV T &E (or designee), 

is designated the Swedish MA. The MAs shall be responsible for: 

4.3.1. Establishing a management structure for each PA, considering its scope and the 

requirement for a Steering Committee (SC); 

4.3.2. 	 Providing administrative direction to SCs (or POs if no SC is established), in 

addition to those in paragraph 4.5. of this Article; 

4.3.3. 	 Designating a point ofcontact for exchange of Information to support the 

development of potential TEP Activities in accordance with subparagraph 3.3.2. 

ofArticle III (Scope of Work) ofthis TEP MOA; 

4.3.4. 	 Approving and signing TORs for WGs in accordance with subparagraph 3.3.3. 

ofArticle III (Scope of Work) ofthis TEP MOA, subject to any applicable 

national requirements for authorization ofTOR signature; 

14 
4.3.5. 	 Resolving issues brought forth by the SC or, if no SC is established, by the POs; 

4.3.6. 	 Approving in principle familiarization visits pursuant to subparagraph 3.3.4. of 

Article III (Scope of Work) ofthis TEP MOA, and consistent with the national 

policies and procedures ofthe Parties; 

4.3.7. 	 Approving assignment of personnel working on a CTE Project at the other 

Party's facilities in accordance with the provisions set out in Annex C 

(Cooperative Project Personnel (CPP)) to this TEP MOA; 

4.3.8. 	 Employing their best efforts to resolve, in consultation with the export control 

authorities ofthe Parties, any export control issues raised by the POs or a SC; 

4.3.9. 	 Monitoring Third Party sales and transfers authorized in accordance with 

Article XIII (Third Party Sales and Transfers) ofthis TEP MOA; 

4.3. IO. Providing oversight offinancial, performance, and schedule matters, and 

resolving issues brought forth by the POs, ifno SC is established; 

4.3.11. 	 Ensuring that a Project Security Instruction (PSI) and Classification Guide (CG) 

for a PA are prepared by the POs and approved by the respective Designated 

National Security Authorities (DSAs) prior to the transfer of Classified 

Information or Controlled Unclassified Information; 

4.3.12. 	 Recommending to the AD approval of PAs, amendments to PAs, and 

amendments to this TEP MOA; 

4.3. I 3. 	 Establishing and approving the detailed financial procedures ofa CTE PA 

through an Financial Management Procedure Document (FMPD) in the event 

that one Party contracts on behalf ofthe other Party or on behalf of both Parties; 

and 

4.3. I 4. 	 Providing general information and point ofcontact for T &E capabilities in each 

Party's country, as requested. 

4.4. 	 The MAs (or their designees), SCs, and POs shall meet as required, or at intervals not to 

exceed 24 months, alternately in the United States and Sweden. All organizational, 

administrative, and secretarial Costs associated with a meeting ofthe MAs shall be borne 

by the hosting Party for that particular meeting. The chairperson for each meeting shall 

be the senior official ofthe hosting Party. During such meetings, all decisions shall be 

made by mutual agreement. In the event that the Parties are unable to reach a timely 

decision on an issue, each Party shall refer the issue to its AD for resolution. In the 

meantime, the approved TEP Activity shall continue to be implemented without 

interruption under the direction of the POs while the issue is being resolved by the ADs. 

15 
4.5. 	 For Projects in which one Party involved in a PA contracts on behalf ofthe other Party 

for tasks under that Project, an SC shall be established. Ifan SC is established under a 

Project, it shall be responsible for: 

4.5.1. 	 Providing policy and management direction to the POs during PA execution; 

4.5.2. 	 Monitoring overall implementation, including technical, Cost, schedule, and 

performance against requirements; 

4.5.3. 	 Resolving issues brought forth by the POs; 

4.5.4. 	 Maintaining oversight of the security aspects ofa Project, including appointment 

ofa Project security officer; 

4.5.5. 	 Establishing and approving the detailed financial procedures of a PA through a 

FMPD, as required; 

4.5.6. 	 Reporting status and activity ofassigned PAs as requested by MAs and ADs; 

4.5.7. 	 Approving the Project Plan, and any revisions thereto, submitted by the PO in 

accordance with subparagraph 4.6.13. ofthis Article, and reviewing the technical 

progress ofthe Project against the Project Plan. The Project Plan shall contain the 

Information necessary to achieve Project objectives, including, but not limited to, 

the following elements: 

4.5.7.1. Detailed scope of work and corresponding work schedule, as appropriate. 

4.5.7.2. References to applicable acquisition approval processes and documents. 

4.6. 	 In accordance with the provisions ofany PA, the POs shall have the responsibilities 

under paragraph 4.5. ofthis Article, if no SC is established for the PA. In accordance 

with the provisions ofthe PA, POs shall: 

4.6.1. 	 Have primary responsibility for effective implementation, efficient 

management, and direction oftheir assigned PAs including technical, Cost, and 

schedule performance against requirements; 

4.6.2. 	 Appoint a Project security officer; 

4.6.3. 	 Report status and activity ofassigned PAs to the SC, or to the MAs if no SC is 

established; 

4.6.4. 	 Manage the security aspects of the PA, including developing and forwarding, 

through the SC, ifone is established, and the MA for Designated Security 

Authority (DSA) approval, the PSI, and CG for PAs that contain provisions for 

16 
the generation or exchange ofClassified Information or Controlled Unclassified 

Information, as appropriate; 

4.6.5. 	 Monitor export control agreements required to implement any PA and, if 

applicable, immediately refer to the SC, or if no SC is established, to the MAs 

any export control issues that could adversely affect the implementation ofthe 

PA; 

4.6.6. 	 Recommend the assignment of CPP to a CTE Project at the other Party's 

facilities in accordance with the provisions set out in Annex C (Cooperative 

Project Personnel (CPP)) to this TEP MOA; 

4.6.7. 	 Execute the financial aspects ofthe PA in accordance with Article V (Financial 

Provisions) ofthis TEP MOA; 

4.6.8. 	 Forward issues, where necessary, to the SC, or ifno SC is established, to the 

MAs for resolution; 

4.6.9. 	 Carry out any additional obligations set out in the PA; 

4.6. l 0. 	 Develop a Project Plan, and any necessary revisions thereto, as described in 

subparagraph 4.5.7. ofthis Article; submit the Project Plan and any revisions 

thereto for MA or, ifone is established, SC approval; and implement the Project 

Plan and any revisions upon MA, or ifone is established, SC approval; 

4.6.11. 	 Provide the approved Project Plan, and any approved revisions thereto, to the 

Contracting Officer; 

4.6.12. 	 Inform the SC immediately ofany risk of cost growth beyond the FMPD 

approved by the SC, or schedule change or performance problems under the 

Project Plan; and 

4.6.13. 	 Prepare the Project Closure Report and forward to the MAs by the date indicated 

in the PA. 

4.7. In accordance with the provisions ofan approved CTE PA, and provisions set out in 

Annex C (Cooperative Project Personnel (CPP)) to this TEP MOA, one Party may assign 

CPP to the other Party's Test Facility to assist in the implementation ofan approved CTE 

PA. 

4.8. 	 In accordance with the provisions ofArticle VI (Contracting Provisions), Article IX 

(Disclosure and Use oflnformation), Article X (Controlled Unclassified Information), 

and Article XII (Security) ofthis TEP MOA, the Parties may provide Contractor Support 

Personnel to assist in the development ofor, upon entry into force, implementation of a 

PA, subject to national policies and procedures. It is the responsibility ofthe Parties to 

17 
ensure Contract provisions accord or, through supervision, meet all obligations under this 

TEP MOA and applicable PAs. 

lB 
ARTICLE V 

FINANCIAL PROVISIONS 

5.1. 	 This TEP MOA itself creates no financial obligations regarding any TEP Activity. 

Detailed descriptions ofthe financial provisions for a specific Project, including the total 

Cost ofthe Project and each Party's Cost share, shall be contained in each specific PA. 

5.2. 	 For RUTF PAs, charges shall be determined on a case-by-case basis and specified in the 

RUTF PA. The Performing Party's charges may consist of Direct Costs and applicable 

Indirect Costs. Direct Costs chargeable to the Customer Party, except for the Cost of 

military personnel, shall not be greater than what one component ofthe Performing Party 

would charge to another component ofthe Performing Party for the type and scope ofthe 

services provided. Ifrequired, Indirect Costs may also be charged depending on the 

nature and specifics ofthe effort. Indirect Costs charged to the Customer Party shall be 

only those required by the Performing Party's laws and regulations. 

5.3. 	 Each Party shall contribute its equitable share ofthe full Financial and Non-financial 

Costs ofeach CTE PA, as prescribed in the CTE PA, including overhead Costs, 

administrative Costs, and costs of claims (in accordance with Article XIV (Liability and 

Claims) ofthis TEP MOA), and shall receive an equitable share ofthe results of each 

CTEPA. 

5.4. 	 For each PA, the POs shall be responsible for establishing the detailed financial 

management procedures under which the Project shall operate. Where necessary, these 

procedures shall be detailed in a FMPD proposed by the POs and subject to the approval 

ofthe PA 's SC, ifone is established, or alternatively, the MA ofthe Customer Party. 

5.5. 	 Both Parties shall perform, or shall have performed, their tasks and shall use their best 

efforts to perform the tasks within the Cost estimates specified in each PA. Both Parties 

shall bear the full Costs they incur for performing, managing, and administering their 

own activities under this TEP MOA and participation in each PA, including their share of 

the Costs of any Contracts under paragraph 5.9. ofthis Article. 

5.6. 	 The following Costs shall be borne entirely by the Party incurring the Costs or on whose 

behalfthe Costs are incurred, as mutually determined: 

5.6.1. 	 Costs associated with national representation at meetings and WGs; 

5.6.2. 	 Costs associated with making, managing, and administering any Information 

exchanges under this TEP MOA; 

5.6.3. 	 Costs associated with any unique national requirements identified by a Party; 

and 

5.6.4. 	 Any other Costs not expressly stated as shared Costs. 

19 
5.7. 	 Unless otherwise mutually determined in this TEP MOA or a CTE PA, the Parent Party 

shall bear all Costs related to its CPP assigned to the other Party's facilities, including, 

but not limited to: 

5.7.1. 	 All pay and allowances of its CPP; 

5.7.2. 	 Transportation ofthe CPP, the CPP's dependents, and their personal property 

to the place of assignment in the Host Party's nation prior to the CPP's 

commencement ofa duty posting; 

5.7.3. 	 Return transportation ofthe CPP, the CPP's dependents, and their personal 

property, from the place ofassignment in the Host Party's nation upon 

completion or termination ofthe duty posting; 

5.7.4. 	 Compensation for loss of, or damage to, the personal property of CPP or the 

CPP's dependents, subject to the Parent Party's national policies and 

procedures; 

5.7.5. 	 Preparation and shipment of remains and funeral expenses in the event ofthe 

death ofthe CPP or the CPP's dependents; and 

5.7.6. 	 Other Costs as mutually determined. 

5.8. 	 A Party shall promptly notify the other Party ifavailable funds shall not be adequate to 

fulfill its obligations as agreed under a PA. lfit appears that the Cost estimates, or 

ceiling, in a PA shall be exceeded, or if a Party notifies the other Party that it is 

terminating or reducing its funding for a Project, both Parties shall immediately consult 

with a view toward continuation on a modified basis. 

5.9. 	 The Parties recognize that it may become necessary for one Party to incur contractual or 

other obligations for the benefit ofthe other Party or both of the Parties prior to receipt of 

the other Party's funds. In the event that one Party ·incurs such contractual or other 

obligations, the other Party shall pay its equitable share ofthe Contract or other 

obligation, and shall make such funds available in such amounts and at such times as may 

be· required by the Contract or other obligation and shall pay its equitable share of any 

damages and costs that may accrue from the performance of or cancellation of the 

Contract or other obligation in advance ofthe time such payments, damages, or costs are 

due. 

5.10. 	 Each Party shall be responsible for the audit oftheir activities or their Contractors' 

activities pursuant to a PA. A Party's audits shall be in accordance with its own national 

practices and the FMPD. For CTE PAs efforts where funds are transferred between the 

Parties, the receiving Party shall be responsible for the internal audit regarding 

administration ofthe,other Party's funds in accordance with the receiving Party's national 

20 
practices. Audit reports ofsuch funds shall be made available promptly by the receiving 

Party to .the other Party. 

21 

ARTICLE VI 

CONTRACTING PROVISIONS 

6.1. 	 If either Party determines that Contracting is necessary to fulfill that Party's obligations 

under Article III (Scope of Work) ofa PA under this TEP MOA, that Party shall contract 

in accordance with its respective national laws, regulations, and procedures. 

6.2. 	 When one Party individually contracts on its own behalf to perform a task under a PA to 

this TEP MOA, it shall be solely responsible for its own Contracting, and the other Party 

shall not be subject to any liability arising from such Contracts without its prior written 

consent. 

6.3. 	 The POs may make use of a Party's Contracting Agency in the event that Contracting on 

behalf of the other Party or both Parties is required to implement a CTE PA. The 

Contracting Agency so used shall place Contracts in accordance with its respective 

national laws, regulations, and procedures with such waivers and deviations from those 

regulations and procedures as its procedures permit and as deemed necessary to 

implement the CTE PA. The Contracting Party's Contracting Officer shall be the 

exclusive source for providing contractual direction and instructions to Contractors for 

Contracts awarded by that Party. 

6.4. 	 For all Contracting activities performed by either Party for the benefit ofthe other Party 

or both Parties, the POs shall, upon request, be provided a copy ofall statements ofwork 

prior to the issuance of solicitations to ensure that they are consistent with the provisions 

ofthis TEP MOA and the applicable CTE PA. The Contracting Officer shall keep the 

POs advised of all significant developments associated with award and performance of 

Project Contracts awarded for the other Party or both Parties, and shall keep the POs 

advised of all financial arrangements with the prime Contractor. 

6.5. 	 Each Party's Contracting Agency shall insert into its prospective Contracts (and require 

its Contractors to insert in subcontracts) provisions that satisfy the requirements ofthis 

TEP MOA, including Article IX (Disclosure and Use of Information), Article X 

(Controlled Unclassified Information), Article XII (Security), Article XIII (Third Party 

Sales and Transfers), and Article XIX (Amendment, Termination, Entry Into Force, and 

Duration) ofthis TEP MOA, and including export control provisions in accordance with 

this TEP MOA, in particular paragraphs 6.6. and 6.7. ofthis Article. Each Party's 

Contracting Agency shall negotiate to obtain the rights to use and disclose Project 

Information required by Article IX (Disclosure and Use of Information) ofthis TEP 

MOA. During the Contracting process, each Party shall also advise Prospective 

Contractors oftheir responsibility to notify immediately their respective Party's 

Contracting Agency, before Contract award, ifthey are subject to any license or 

agreement that shall restrict its Government's freedom to disclose Information or permit 

its use, and to employ their best efforts not to enter into any new agreement or agreement 

that shall result in restrictions.· 

22 
6.6. 	 Each Party shall legally bind its Contractors to a requirement that the Contractor shall not 

retransfer or otherwise use export-controlled Information furnished by the other Party for 

any purpose other than the purposes authorized under this TEP MOA. The Contractor 

shall also be legally bound not to retransfer the export-controlled Information to another 

Contractor or subcontractor unless that Contractor or subcontractor has been legally 

bound to limit use ofthe Information to the purposes authorized under this TEP MOA. 

Export-controlled Information furnished by one Party under this TEP MOA may only be 

retransferred by the other Party to its Contractors ifthe legal agreements required by this 

paragraph have been established. 

6.7. 	 Each Party shall legally bind its Prospective Contractors to a requirement that the 

Prospective Contractor shall not retransfer or otherwise use export-controlled Information 

furnished by the other Party for any purpose other than responding to a solicitation issued 

in furtherance ofthe purposes authorized under this TEP MOA. Prospective Contractors 

shall not be authorized use for any other purpose if they are not awarded a Contract. The 

Prospective Contractors shall also be legally bound not to retransfer the export-controlled 

Information to a prospective subcontractor unless that prospective subcontractor has been 

legally bound to limit use ofthe export-controlled Information for the purpose of 

responding to the solicitation. Export-controlled Information furnished by one Party 

under this TEP MOA may only be retransferred by the other Party to its Prospective 

Contractors ifthe legal agreements required by this paragraph have been established. 

Upon request by the furnishing Party, the receiving Party shall identify its Prospective 

Contractors and prospective subcontractors receiving such export-controlled Information. 

6.8. 	 In the event a Party's Contracting Agency is unable to secure adequate rights to use and 

disclose Project Information as required by Article IX (Disclosure and Use of 

Information) ofthis TEP MOA, or is notified by Contractors or Prospective Contractors 

ofany restrictions on the disclosure and use of Project Information, that Party's 

Contracting Agency shall refer the matter to the SC, or to the MAs if no SC is 

established, for resolution. 

6.9. 	 Each Party's PO shall promptly advise the other Party's PO of any anticipated or actual 

Cost growth, schedule changes, delay, or performance problems under any Contract for 

which its Contracting Agency is responsible. 

6.10. 	 Upon mutual consent, consistent with Article II (Objectives) of.this TEP MOA, a Party 

may contract for the unique national requirements ofthe other Party. 

23 
ARTICLE VII 


WORK SHARING 


7.1. 	 No requirement shall be imposed on either Party for work sharing or other industrial or 

commercial compensation in connection with this TEP MOA or applicable PA that is not 

in accordance with this TEP MO~ or the applicable PA. 

24 
ARTICLE VIII 

EQUIPMENT AND MATERIAL 

8.1. 	 Each Party may provide, without charge to the other Party, such Equipment and Material 

identified as being necessary for implementing a PA. Such Equipment and Material shall 

remain the property ofthe providing Party. The PA shall provide specific details of any 

Equipment and Material identified at the time ofPA signature and shall be specified in 

the PA pursuant to Article X (Equipment and Material) ofAnnex A (Model Reciprocal 

Use ofTest Facilities (RUTF) Project Agreement (PA)) or Article XI (Equipment and 

Material) ofAnnex B (Model Cooperative Test and Evaluation (CTE) Project Agreement 

(PA)) to this TEP MOA. Equipment and Material that cannot be identified at the time of 

PA signature shall be documented, when identified, in a list to be developed and 

maintained by the POs. Approval for all Equipment and Material provided shall be in 

accordance with national policies and procedures. 

8.2. 	 The providing Party shall make every effort to ensure that the Equipment and Material is 

furnished in a serviceable and usable condition according to its intended purpose. 

However, the providing Party makes no warranty or guarantee of fitness of the 

Equipment and Material for a particular purpose or use, and makes no commitment to 

alter, improve, or adapt the Equipment and Material, or any part thereof. 

8.3. 	 All Equipment and Material that is provided shall be used only for the purposes of 

carrying out the applicable PA, unless otherwise consented to in writing by the providing 

Party. 

8.4. 	 The Parties shall ensure, by all reasonable means, the protection of Intellectual Property 

rights in Equipment and Material and any associated documentation. 

8.5. 	 Each Party waives all claims against the other Party for damage to, or loss of, jointly 

acquired or developed Equipment and Material arising from the performance ofofficial 

duties. However, ifthe Parties mutually decide to repair damaged jointly acquired or 

developed Equipment and Material in order to complete a CTE PA, the cost ofsuch 

repair shall be shared in the same ratio as Financial and Non-financial Costs are shared in 

the CTE PA under which it is acquired or developed unless another ratio is mutually 

determined to be equitable. In any case, ifthe Parties mutually determine that damage or 

loss is caused by reckless acts, reckless omission, willful misconduct, or gross negligence 

of one Party, the costs of any liability, including the cost of repairs, shall be borne by that 

one Party. 

8.6. 	 Any Equipment and Material that is jointly acquired or developed on behalfofthe both 

Parties for use under a CTE PA shall be disposed of during the CTE PA, or when the 

CTE PA expires or is terminated, as approved and directed by the SCs, or if no SC is 

established, the• MAs ofthe Parties. Jointly acquired or developed Equipment and 

Material shall remain the property of the Parties in the same ratio as Financial and Non25 
financial Costs are shared in the CTE PA under which it is acquired or developed. The 

Party who has custody of the jointly acquired or developed Equipment and Material shall 

maintain such jointly acquired Equipment and Material in good order and operable 

condition, normal wear and tear excepted, unless the Parties have mutually determined 

that it may be expended or otherwise consumed by that Party in connection with this TEP 

MOA and applicable CTE PA. 

8.7. 	 Mutually determined disposal ofjointly acquired or developed Equipment and Material 

may include a transfer ofthe interest ofone Party in such Equipment and Material to the 

other Party, or the sale or transfer ofsuch Equipment and Material to a Third Party, in 

accordance with Article XIII (Third Party Sales and Transfers) ofthis TEP MOA. For 

the purpose of this paragraph, a Contractor ofa TEP MOA Party shall be considered a 

Third Party. Both Parties shall share the consideration from jointly acquired or 

developed Equipment and Material transferred or sold in the same ratio as Financial and 

Non-financial Costs are shared in the CTE PA under which the Equipment and Material 

was jointly acquired or developed. 

26 
ARTICLE IX 


DISCLOSURE AND USE OF INFORMATION 


9. I. General 

9.1.1. 	 Both Parties recognize that successful collaboration depends on full and prompt 

exchange of Information necessary for carrying out each TEP Activity. The 

Parties intend to acquire sufficient Information and rights to use such Information 

to promote the objectives ofthis TEP MOA. The nature and amount of 

Information to be acquired shall be consistent with the objectives stated in Article 

II (Objectives) and Article III (Scope of Work) ofthis TEP MOA and all 

documents underlying a TEP Activity. 

9.1.2. 	 The fol1owing export control provisions shall apply to the transfer of Information: 

9.1.2.1. 	 Transfer of Information shall be consistent with the furnishing 

Party's applicable export control laws and regulations; 

9.1.2.2. 	 Unless otherwise restricted by duly authorized officials ofthe 

furnishing Party at the time oftransfer to the other Party, all 

export-controlled Information furnished by one Party to the other 

Party may be retransferred to the other Party's Contractors, 

subcontractors, Prospective Contractors, and prospective 

subcontractors, subject to the requirements of paragraphs 6.6. and 

6.7. ofArticle VI (Contracting Provisions) ofthis TEP MOA; 

9.1.2.3. 	 Export-controlled Information may be furnished by Contractors, 

subcontractors, Prospective Contractors, and prospective 

subcontractors of one Party's nation to the Contractors, 

subcontractors, Prospective Contractors, and prospective 

subcontractors ofthe other Party's nation pursuant to this TEP 

MOA, subject to the conditions established in licenses or other 

approvals issued by the Government ofthe furnishing Party in 

accordance with its applicable export control laws and regulations; 

9.1.2.4.. Ifa Party finds it necessary to exercise a restriction on the 

retransfer of export-controlled Information as set out in 

subparagraph 9. l .2.2. of this Article, it shall promptly inform the 

other Party. If a restriction is then exercised and the affected Party 

objects, that Party's MA shall notify promptly the other Party's 

MA and they shall immediately consult in order to discuss ways to 

resolve such issues or mitigate any adverse effects; and 

9.1.2.5. 	 The Parties shall use their best efforts to facilitate timely export 

authorizations related to the scope of work under this TEP MOA. 

27 
9.2 	 The following provisions shall apply to Information exchanges, WGs, and familiarization 

visits: 

9.2.1. 	 The disclosure and use provisions that govern Information exchanges, WGs, and 

familiarization visits authorized in subparagraphs 3.3.2., 3.3.3., and 3.3.4., 

respectively, of Article III (Scope of Work) ofthis TEP MOA, are as follows: 

9.2.1.1. Disclosure: Each Party in a TEP Activity, upon request, shall disclose to 

the other Party any relevant Information to the TEP Activity, provided 

that: 

9.2.1.1.1. Such Information is necessary to or useful in that TEP 

Activity, with the furnishing Party determining whether it is "necessary 

to" or "useful in" that TEP activity; 

9.2.1.1.2. Information subject to Intellectual Property rights may be 

disclosed only without incurring liability to holders of Intellectual 

Property rights; 

9.2.1.1.3. Disclosure is consistent with national disclosure policies and 

regulations ofthe furnishing Party; and 

9.2.1.1.4. Any disclosure or transfer ofsuch Information to Contractors 

is in accordance with the furnishing Party's export control laws and 

regulations. 

9.2.1.2. 	 Use: Use of Information shall be for information and evaluation 

purposes only. The receiving Party shall not disclose such Information 

to Contractors or any other persons, other than its Contractor Support 

Personnel (or as otherwise specified by the furnishing Party), or use the 

Information in any other way without the specific prior written consent 

of the furnishing Party. 

9.3. 	 The following provisions shall apply to RUTF PAs: 

9.3.1. Foreground Information 

9.3. l. l. Use: The Customer Party's use of Information shall be for Defense 

Purposes and shall retain all its rights ofuse thereto; the Party generating 

Foreground Information through an RUTF PA shall also retain all its 

rights of use thereto. If the Customer Party requires disclosure and use 

of Information for additional purposes, those purposes shall be specified 

in the Special Provisions article ofthe RUTF PA. 

28 
9.3.1.2. 	 The Performing Party's use of Foreground Information shall be for 

information and evaluation purposes only. 

9.3. l .3. 	Disclosure: The Performing Party shall not disclose such Foreground 

Information to Contractors or any other persons, other than its 

Contractor Support Personnel, (or as otherwise specified by the 

furnishing Party) without the specific prior written consent ofthe 

furnishing Party. 

9.3.2. Background Information 

9.3.2.1. 	 Use: The Performing Party's use of Background Information shall be 

for Project Purposes. Prior written permission from the Customer Party 

shall be required for any other use by the Performing Party. 

9.3.2.2. 	 Disclosure: The Performing Party shall not disclose Background 

Information provided by the Customer Party to Contractors or any other 

persons, other than its Contract Support Personnel (or as otherwise 

specified by the Customer Party), without the specific prior written 

consent ofthe Customer Party. 

9.4. The following provisions apply to CTE PAs: 

9.4.1. Government Foreground Information 

9.4. l .1. 	 Disclosure: All Project Foreground Information generated by a Party's 

military or civilian employees (hereinafter referred to as "Government 

Foreground Information") shall be disclosed promptly and without 

charge to both Parties. 

9.4.1.2. 	 Use: Each Party may use or have used all Government Foreground 

Information without charge for Defense Purposes. The Party generating 

Government Foreground Information shall also retain all its rights of use 

thereto. Any sale or other transfer to a Third Party shall be subject to the 

provisions of Article XIII (Third Party Sales and Transfers) ofthis TEP 

MOA. 

9.4.1.3. 	 Ifeither Party requires disclosure and use of Information for additional 

purposes, those purposes shall be specified in the Special Provisions 

article ofa CTE PA. 

9.4.2. Government Background Information 

9.4.2. l. Disclosure: Each Party, upon request, shall disclose promptly and 

without charge to the other Party any relevant Background Information 

29 
generated by its military or civilian employees (hereinafter referred to as 

"Government Background Information"), provided that: 

9.4.2.1.1. Such Government Background Information is necessary to or 

useful in the Project, with the Party in possession ofthe Information 

determining whether it is "necessary to" or "useful in" the Project; 

9.4.2.1.2. Such Government Background Information may be made 

available only ifthe rights ofholders of Intellectual Property rights are 

not infringed; 

9.4.2.1.3. Disclosure of such Government Background Information is 

consistent with national disclosure policies and regulations ofthe 

furnishing Party; and 

9 .4.2.1.4. Any disclosure or transfer ofsuch Government Background 

Information to Contractors is consistent with the furnishing Party's 

export control laws and regulations. 

9.4.2.2. 	 Use: Government Background Information furnished by one Party to 

the requesting Party may be used without charge by or for the requesting 

Party for Project purposes. 

9 .4.2.2.1. Subject to Intellectual Property rights held by entities other 

than the Customer Party, such Government Background Information 

may also be used for Defense Purposes by the requesting Party, without 

charge, when such Information is necessary for the use of Foreground 

Information. 

9.4.2.2.2. The furnishing Party shall determine whether the Government 

Background Information is necessary for the use of Foreground 

Information. 

9.4.2.2.3. If either Party requires disclosure and use of such 

Government Background Information for additional purposes, those 

purposes shall be specified in the Special Provisions article ofthe CTE 

PA. 

9.4.2.2.4. The furnishing Party shall retain all its rights with respect to 

such Government Background Information. 

9.4.3. Contractor Foreground Information 

9.4.3.1. 	 Disclosure: Foreground Information generated and delivered by 

Contractors (hereinafter referred to as "Contractor,Foreground 

30 
Information") shall be disclosed promptly and without charge to both 

Parties. 

9.4.3.2. 	 Use: Each Party may use or have used without charge for Defense 

Purposes all Contractor Foreground Information generated and delivered 

by Contractors ofthe Parties. The Party whose Contractors generate and 

deliver Contractor Foreground Information shall also retain all its rights 

ofuse thereto in accordance with the applicable Contracts. Any sale or 

other transfer to a Third Party ofContractor Foreground Information 

shall be subject to the provisions ofArticle XIII (Third Party Sales and 

Transfers) ofthis TEP MOA. 

9.4.4. Contractor Background Information 

9.4.4.1. 	 Disclosure: A Contracting Party shall make available to the other Party 

promptly and without charge all Background Information generated by 

Contractors (hereinafter referred to as "Contractor Background 

Information") that is delivered under Contracts awarded in accordance 

with a specific PA under this TEP MOA. Any other Background 

Information that is generated by Contractors and that is in the possession 

ofone Party shall be made available promptly and without charge to the 

other Party, upon its request, provided the following conditions are met: 

9.4.4. I. I. Such Contractor Background Information is necessary to or 

useful in the Project, with the Party in possession of the Information 

determining, after consultation with the requesting Party, whether it is 

"necessary to" or "useful in" the Project; 

9 .4.4. I .2. Such Contractor Background Information may be made 

available only ifthe rights of holders oflntellectual Property rights are 

not infringed; 

9.4.4. I .3. Disclosure of such Contractor Background Information is 

consistent with national disclosure policies and regulations ofthe 

furnishing Party; and 

9.4.4.1.4. Any disclosure or transfer of such Contractor Background 

Information to Contractors is consistent with the furnishing Party's 

export control laws and regulations. 

9.4.4.2. 	 Use: All Contractor Background Information furnished by Contractors 

under Contracts awarded in accordance with a specific PA under this 

TEP MOA may be used by or for the receiving Party, without charge, 

for Project Purposes subject to any restrictions by holders of Intellectual 

Property Rights other than the Parties. However, where such 

Background Information is necessary for the use of Foreground 

31 
Information, the Parties may use the Background Information for 

Defense Purposes with the Foreground Information, subject to such fair 

and reasonable terms as may be necessary to be arranged with the 

Contractor in advance. In the case of Contractor Background 

Information furnished by Contractors under contracts let outside ofthis 

specific PA under this TEP MOA, the furnishing Party, in consultation 

with the requesting Party, shall determine whether such other Contractor 

Background Information is necessary for the use ofthe Foreground 

Information. The furnishing Party shall retain all its rights with respect 

to Contractor Background Information. 

9.4.4.2.1. The furnishing Customer Party shall retain all its rights with 

respect to Contractor Background Information. 

9.5. 	 Alternative Uses of Project Information 

9.5.1. 	 Any Background Information provided by one Party shall be used by the other 

Party only for the purposes set forth in this TEP MOA or any PA under this TEP 

MOA, unless otherwise consented to in writing by the furnishing Party. 

9.5.2. 	 The prior written consent of both Parties shall be required for the use of 

Foreground Information for purposes other than those provided for in this TEP 

MOA any PA under this TEP MOA. 

9.6. 	 Proprietary Information and Document Marking 

9.6. l. All Information that is subject to disclosure and use restrictions with respect to 

Intellectual Property rights shall be identified and marked, and shall be handled as 

Controlled Unclassified Information or as Classified Information, depending on 

its security classification. 

9.6.2. 	 A PSI shall contain such provisions as are necessary to ensure the protected 

communication of Information that is subject to Intellectual Property rights. 

9.6.3. 	 Information furnished under this TEP MOA, shall be marked to identify that it 

was furnished under this TEP MOA or TEP Activity as Background Information 

or Foreground Information, and also to identify the owner ofthe Information. 

9.6.4. 	 The provisions ofthe NATO Agreement on the Communication ofTechnical 

Information for Defence Purposes, done at Brussels on October 19, 1970, and the 

Implementing Procedures for the NA TO Agreement on the Communication of 

Technical Information for Defence Purposes, approved by the North Atlantic 

Council on January I, 1971 (or any successor agreement and procedures), shall 

apply to Project Information that is subject to Intellectual Property.rights. 

32 
9.7. Inventions and Patents 

9.7.1. 	 Each Party shall include in all its Contracts for a PA a provision governing the 

disposition ofrights in regard to Inventions and Patent rights relating thereto that 

either: 

9.7. I.I. Provides that the Party shall hold title to all such Project Inventions 

together with the right to make Patent applications for the same, free of 

encumbrance from the Contractor concerned; or 

9.7.1.2. 	 Provides that the Contractor shall hold title (or may elect to retain title) 

for such Inventions together with the right to make Patent applications 

for the same, while securing for the Parties a license for the Project 

Inventions, and any Patents thereto, on terms in compliance with the 

provisions ofsubparagraph 9.7.2. ofthis Article. 

9.7.2. 	 In the event that a Contractor owns title (or elects to retain title) to any Invention, 

the Contracting Party shall secure for the other Party non-exclusive, irrevocable, 

royalty-free licenses under all Patents secured for that invention, to practice or 

have practiced the patented Invention throughout the world for Defense Purposes. 

9.7.3. 	 The provisions of subparagraphs 9.7.4. through 9.7.7. ofthis Article shall apply in 

regard to Patent rights for all Project Inventions made by the Parties' military or 

civilian employees, including those within Government-owned facilities, and for 

all Project Inventions made by Contractors for which the Contracting Party holds 

title or is entitled to acquire title. 

9.7.4. 	 When a Party has secured or can secure the right to file a Patent application with 

regard to a Project Invention, that Party shall consult with the other Party 

regarding the filing ofsuch Patent application. The Party that has or receives title 

to such Invention shall, in other countries, file, cause to be filed, or provide the 

other Party with the opportunity to file on behalf ofthe Party holding title, Patent 

applications covering that Invention. A Party shall immediately notify the other 

Party that a Patent application has been filed. Ifa Party, having filed or caused to 

be filed a Patent application, abandons prosecution ofthe application or ceases 

maintaining the Patent granted or issued on.the application, that Party shall notify 

the other Party ofthat decision and permit the other Party to continue the 

prosecution or maintain the Patent as the case may be. 

9.7.5. 	 Each Party shall be furnished with copies of Patent applications filed and Patents 

granted with regard to Inventions. 

9.7.6. 	 Each Party shall grant to the other Party a non-exclusive, irrevocable, royalty-free 

license under its Patents for Inventions, to .practice or have practiced the Invention 

throughout the world for Defense Purposes .. 

33 
9.7.7. Patent applications to be filed, or assertions ofother Intellectual Property rights, 

under this TEP MOA that contain Classified Information shall be protected and 

safeguarded in a manner no less stringent than the requirements contained in the 

Agreement for the Mutual Safeguarding ofSecrecy of Inventions Relating to 

Defence and for Which Applications for Patents Have Been Made, which entered 

into force January 12, 1961, and its Implementing Procedures (or any successor 

agreement and procedures). 

9.8. 	 Each Party shall notify the other Party of any Intellectual Property infringement claims 

brought against that Party arising in the course of work performed under any TEP 

Activity on behalfofthe other Party. Insofar as possible, the other applicable Party shall 

provide Information available to it that may assist in defending such claims. Each Party 

shall be responsible for handling such Intellectual Property infringement claims brought 

against it, and shall consult with the other Party during the handling, and prior to any 

settlement, ofsuch claims. The Parties shall share the Costs ofresolving such Intellectual 

Property infringement claims in proportion to their financial and non-financial 

contributions for that work specified in the TEP Activity. For TEP Activities that do not 

include a stated financial and non-financial contribution for the work, the Parties 

involved in that TEP Activity shall consult to determine an equitable share in the cost of 

such a claim. 

9.9. 	 The Parties shall, as permitted by their national laws, regulations, and practices, give their 

authorization and consent for all use and manufacture in the course ofwork performed 

under a Project ofany Project Invention covered by Patent. Further, the Parties shall, as 

permitted by their national laws, regulations, and practices, give their authorization and 

consent for all use in the course of work performed under a TEP Activity, of noncommercial copyright granted or otherwise provided by their respective countries. 

34 
ARTICLEX 

CONTROLLED UNCLASSIFIED INFORMATION 

I 0.1. 	 Except as otherwise provided in this TEP MOA or as authorized in writing by the 

originating Party, Controlled Unclassified Information provided or generated pursuant to 

this TEP MOA and any of its TEP Activities shall be controlled as follows: 

I 0.1.1. 	 Such Information shall be used only for the purposes authorized according to 

Article IX (Disclosure and Use of Information) of this TEP MOA; 

I 0.1.2. 	 Access to such Information shall be limited to personnel whose access is 

necessary for the permitted use under subparagraph I 0.1.1. ofthis Article, and 

shall be subject to the provisions of Article XIII (Third Party Sales and 

Transfers) ofthis TEP MOA; and 

I 0.1.3. 	 Each Party shall take all lawful steps available to it, including national 

classification, to keep such Information free from further disclosure (including 

requests under any legislative provisions), except as provided in subparagraph 

I 0.1.2. ofthis Article, unless the originating Party consents to such disclosure. 

In the event of unauthorized disclosure, or if it becomes probable that the 

Information may have to be further disclosed under any legislative provision, 

immediate notification shall be given to the originating Party. 

10.2. 	 To assist in providing the appropriate controls, the originating Party shall ensure that 

Controlled Unclassified Information is appropriately marked to ensure its "in confidence" 

nature. The Parties' export-controlled Information shall be marked in accordance with 

the applicable Party's export control markings as documented in the PSI for the 

applicable TEP Activity. The Parties shall also decide, in advance and in writing, on the 

markings to be placed on any other types ofControlled Unclassified Information and 

describe such markings in the PSI. 

10.3. 	 Controlled Unclassified Information provided or generated pursuant to this TEP MOA 

and any of its TEP Activities shall be handled in a manner that ensures control as 

provided for in paragraph I 0.1. ofthis Article. 

10.4. 	 Prior to authorizing the release ofControlled Unclassified Information to Contractors, the 

Parties shall ensure the Contractors are legally bound to control such Information in 

accordance with the provisions ofthis Article. 

35 
ARTICLE XI 


VISITS TO ESTABLISHMENTS 


I I. I. Each Party shall pennit visits to its Government establishments, agencies and 

laboratories, Test Facilities, and Contractor industrial facilities by employees ofthe other 

Party or by employees ofthe other Party's Contractors, provided that the visit is 

authorized by both' Parties and the employees of both have the necessary and appropriate 

security clearances and a need-to-know. 

I I .2. 	 All visiting personnel shall be required to comply with security regulations ofthe hosting 

Party. Any Information disclosed or made available to visiting personnel shall be treated 

as if supplied to the Party sponsoring the visiting personnel, and shall be subject to the 

provisions ofthis TEP MOA. 

11.3. 	 Requests for visits by personnel ofone Party to a facility ofthe other Party shall be 

coordinated through official channels, and shall conform to the established visit 

procedures ofthe hosting Party. Requests for visits shall bear the name ofthis TEP 

MOA and the name ofthe Project, proposed Project, or other applicable TEP Activity. 

11.4. 	 Lists ofpersonnel ofeach Party required to visit, on a continuing basis, facilities ofthe 

other Party shall be submitted through official channels in accordance with recurring 

international visit procedures. 

36 
ARTICLE XII 

SECURITY 

12.1. 	 All Classified Information provided or generated pursuant to this TEP MOA, or any of its 

TEP Activities, shall be stored, handled, transmitted, and safeguarded in accordance with 

theGSOMIA. 

12.2. 	 Classified Information shall be transferred only through official government-togovernment channels or through channels approved by the DSAs ofthe Parties. Such 

Classified Information shall bear the level ofclassification and denote the country of 

origin, the provisions of release, and the fact that the Information relates to this TEP 

MOA and the applicable TEP Activities. 

12.3. 	 Each Party shall take all lawful steps available to it to ensure that Classified Information 

provided or generated pursuant to this TEP MOA or any TEP Activity is protected from 

further disclosure, except as permitted by this Article, unless the other Party consents to 

such disclosure. Accordingly, each Party shall ensure that the recipient: 

12.3.1. 	 Shall not release the Classified Information to any government, national, 

organization, or other entity of a Third Party without the prior written consent of 

the originating Party in accordance with the procedures set forth in Article XIII 

(Third Party Sales and Transfers) ofthis TEP MOA; 

12.3.2. 	 Shall not use the Classified Information for other than the purposes provided for 

in this TEP MOA and the TEP Activity under which the Classified Information 

was transferred or generated; and 

12.3.3. 	 Shall comply with any distribution and access restrictions on Classified 

Information that are provided under this TEP MOA and the TEP Activity under 

which the Classified Information was transferred or generated. 

12.4. 	 The Parties shall investigate all cases in which it is known or when there are grounds for 

suspecting that Classified Information provided or generated pursuant to this TEP MOA 

or any TEP Activities has been lost or disclosed to unauthorized persons. Each Party also 

shall promptly and fully inform the other Party ofthe details of any such occurrence, and 

ofthe final results ofthe investigation and ofthe corrective action taken to preclude 

recurrence. 

12.5. 	 The POs shall prepare a PSI and a CG for TEP Activities, as required. The PSI and the 

CG shall describe the methods by which TEP Activity Information shall be classified, 

marked, used, transmitted, and safeguarded, and shall require that markings for all 

export-controlled Classified Information shall include the applicable export control 

markings identified in the PSI in accordance with paragraph I 0.2. of Article X 

(Controlled ..Unclassified Information) ofthis TEP MOA. The PSI and CG shall be 

developed by the POs within three months after the TEP Activity enters into effect. They 

37 
shall be reviewed and forwarded to the Parties' DSAs for approval and shall.be applicable 

to all Government and Contractor personnel participating in the TEP Activity. The CG 

shall be subject to regular review and revision with the aim ofdowngrading the 

classification whenever this is appropriate. The PSI and the CG shall be approved by the 

appropriate DSAs prior to the transfer of any Classified Information or Controlled 

Unclassified Information. 

12.6. 	 The DSA ofthe Party that awards a classified Contract shall assume responsibility for 

administering within its territory security measures for the protection ofthe Classified 

Information, in accordance with its national laws, regulations, and policies. Prior to the 

release to a Contractor, Prospective Contractor, or subcontractor ofany Classified 

Information received under this TEP MOA, or any TEP Activity, the DSAs or their 

designees shall: 

12.6.1. 	 Ensure that such Contractor, Prospective Contractor, or subcontractor (and their 

facilities) have the capability to protect the Classified Information adequately; 

12.6.2. 	 Grant a security clearance to the facilities, if appropriate; 

12.6.3. 	 Grant a security clearance for all personnel with duties that require access to 

Classified Information, if appropriate; 

12.6.4. 	 Ensure that all persons having access to the Classified Information are informed 

oftheir obligations to protect the Classified Information in accordance with 

national security laws and regulations and the provisions ofthis TEP MOA; 

12.6.5. 	 Carry out periodic security inspections of cleared facilities to ensure that the 

Classified Information is properly protected; and 

12.6.6. 	 Ensure that access to the Classified Information is limited to those persons who 

have a need-to-know for purposes ofthis TEP MOA and its TEP Activities. 

12.7. 	 Contractors, Prospective Contractors, or subcontractors that are determined by DSAs to 

be under financial, administrative, policy, or management control ofnationals or entities 

ofa Third Party, may participate in a Contract or subcontract requiring access to 

Classified Information provided or generated pursuant to this TEP MOA and its TEP 

Activities only when enforceable measures are in effect to ensure that nationals or other 

entities ofa Third Party shall not have access to Classified Information. If enforceable 

measures are not in effect to preclude access by nationals or other entities of a Third 

Party, the furnishing Party shall be consulted for approval prior to permitting such access. 

In the case of Information generated pursuant to this TEP MOA or its TEP Activities, the 

Parties shall consult and determine whether to permit such access. 

12.8. 	 For any facility in which Classified Information is to be used, the responsible Party or 

Contractor shall approve the appointment of an official or officials to exercise effectively 

the obligations for safeguarding at such facility the Classified Information pertaining to 

38 
this TEP MOA and its TEP Activities. These officials shall be responsible for limiting 

access to Classified Information involved in this TEP MOA and its TEP Activities to 

those persons who have been properly approved for access and have a need-to-know. 

12.9. 	 Each Party shall ensure that access to Classified Information is limited to those persons 

who possess requisite security clearances and have a specific need for access to the 

Classified Information in order to participate in any TEP Activity. 

12.10. Information exchanged or generated pursuant to this TEP MOA and its TEP Activities 

may be classified as high as SECRET. The classification ofthe existence of any PA or 

WG and its contents shall be stated in that PA or WG TOR. 

12. l 1 . 	The existence ofthis TEP MOA is unclassi fled and its contents are unclassified. 

39 
ARTICLE XIII 

THIRD PARTY SALES AND TRANSFERS 

13.1. 	 Except to the extent permitted in paragraphs 13.2. and 13.3. ofthis Article, the Parties 

shall not sell, transfer title to, disclose, or transfer possession of Foreground Information 

(or any item produced either wholly or in part from Foreground Information) or jointly 

acquired or produced Equipment and Material, to any Third Party without the prior 

written consent ofthe Government ofthe other Party. Furthermore, neither Party shall 

permit any such sale, disclosure, or transfer, including by the owner ofthe item, without 

the prior written consent ofthe Government ofthe other Party. Such consent shall not be 

given unless the government of the intended recipient consents in writing with the Parties 

that it shall: 

I 3.1.1. 	 Not transfer, or permit the further transfer of, any Equipment and Material or 

Foreground Information provided; and 

13.1.2. 	 Use, or permit the use of, the Equipment and Material or Foreground 

Information provided only for the purposes specified by the Parties ofthat TEP 

Activity. 

13.2. 	 In the case of an RUTF PA, the Customer Party shall retain the right to sell, transfer title 

to, disclose, or transfer possession of Foreground Information generated on its behalf 

where that Foreground Information does not include any Foreground or Background 

Information ofthe other Party, and whose generation, test, or evaluation has not relied on 

the use of Equipment and Material ofthe other Party. 

13.3. 	 Both Parties in CTE PAs shall retain the right to sell, transfer title to, disclose, or transfer 

possession of Foreground Information: 

13.3.1. 	 That is generated solely by either that Party or that Party's Contractors in the 

performance ofthat Party's work allocation under Article III (Scope of Work) 

ofa PA; 

13.3.2. 	 That does not include any Foreground or Background Information ofthe other 

Party; and 

13.3.3. 	 Whose generation, test, or evaluation has not relied on the use of Equipment and 

Material ofthe other Party. 

13.4. 	 In the event that questions arise as to whether the Foreground Information (or any item 

produced either wholly or in part from the Foreground Information) that a Party intends 

to sell, transfer title to, disclose, or transfer possession ofto a Third Party is within the 

scope ofparagraphs 13.2. or 13.3. ofthis Article, the matter shall be brought to the 

immediate attention ofthe other Party's PA PO. The Parties shall resolve the matter prior 

40 
to any sale or other transfer ofsuch Foreground Information (or any item produced either 

wholly or in part from the Foreground Information) to a Third Party. 

13.5. 	 A Party shall not sell, transfer title to, disclose, or transfer possession, grant, donate, or 

transfer usage rights of Equipment and Material or Background Information provided by 

the other Party without the prior written consent ofthe Government ofthe Party that 

provided such Equipment and Material or Background Information. Furthermore, a Party 

shall not sell, transfer title to, disclose, or transfer possession ofany Information provided 

by the other Party under a TEP Activity that was not generated under that TEP Activity 

without the prior written consent ofthe Government ofthe furnishing Party. The 

furnishing Party's Government shall be solely responsible for authorizing such transfers 

and, as applicable, specifying the method and provisions for implementing such transfers. 

41 
ARTICLE XIV 

LIABILITY AND CLAIMS 

14. I. For liability arising out of, or in connection with, TEP Activities undertaken in the 

performance of official duty in the execution ofthis TEP MOA, the following provisions 

shall apply: 

14.1.1. 	 Claims against a Party or its military or civilian personnel shall be dealt with in 

accordance with the terms ofapplicable multilateral or bilateral treaties and 

agreements ofthe Parties. 

14.1.2. 	 For those claims for which multilateral or bilateral treaties or agreements do not 

apply, the following conditions shall apply: 

14.1.2.1. With the exception ofthe claims for loss ofor damage to Equipment 

and Material, which are addressed in Article VIII (Equipment and Material) of 

this TEP MOA, each Party waives all claims against the other Party in respect to 

injury to or death of its military or civilian personnel and for damage to or loss 

of its property (including its interest in jointly acquired Equipment and 

Material) caused by such personnel ofthe other Party. However, ifthe Parties 

mutually determine that such injury, death, damage, or loss results from reckless 

acts or reckless omissions, willful misconduct, or gross negligence ofa Party's 

military or civilian personnel, the Costs of any liability shall be borne by that 

Party alone. 

14.l.2.2. Claims from any other persons for injury, death, damage, or loss of 

any kind caused by one ofthe Parties' military or civilian personnel shall be 

processed by the most appropriate Party, as mutually determined by the Parties. 

Any Costs determined to be owed to the claimant shall be borne by the Parties 

in the same ratios as their financial and non-financial contributions as specified 

in the relevant CTE PA from which the claim arose. For such claims resulting 

from a RUTF PA, the Parties shall consult and mutually determine an equitable 

sharing ofthe cost of such claims. However, ifthe Parties mutually determine 

that such injury, death, damage, or loss results from the reckless acts or reckless 

omissions, willful misconduct, or gross negligence of a Party's military or 

civilian personnel, the Costs of any liability shall be borne by that Party alone. 

14.2. 	 If a person or entity, other than the Parties' military or civilian personnel, damages jointly 

acquired Equipment and Material, and the Cost of making good such damage is not 

recoverable from such person or entity, such Cost shall be borne by the Parties in the 

same ratios as their financial and non-financial contributions as specified in the relevant 

CTE PA under this TEP MOA for the work for which the jointly acquired Equipment and 

Material was obtained. 

42 
14.3. Claims arising under any Contract awarded under a PA under this TEP MOA shall be 

resolved in accordance with the conditions ofthat Contract. 

14.4. Employees and agents ofContractors are not considered civilian personnel ofa Party for 

the purposes ofthis Article. 

43 
ARTICLE XV 

CUSTOMS DUTIES, TAXES, AND SIMILAR CHARGES 

15. I . 	 Customs duties, import and export taxes, and similar charges shall be administered in 

accordance with each Party's respective laws and regulations. Insofar as existing national 

laws, regulations, and policies permit, the Parties shall endeavor to ensure that such 

readily identifiable customs duties, import and export taxes, and similar charges, as well 

as quantitative or other restrictions on imports and exports, are not imposed in connection 

with work carried out pursuant to any TEP Activity under this TEP MOA. 

15.2. 	 Each Party shall use its best efforts to ensure that customs duties, import and export 

taxes, and similar charges are administered in a manner favorable to the efficient and 

economical conduct ofthe work carried out pursuant to any TEP Activity under this TEP 

MOA. Ifany such duties, taxes, or similar charges are levied in connection with a TEP 

Activity, the Party in whose country they are levied shall bear such Costs over and above 

that Party's shared Costs of the TEP Activity. 

44 
ARTICLE XVI 


SETTLEMENT OF DISPUTES 

16.1. 	 Disputes between the Parties arising under or relating to this TEP MOA or any ofits TEP 

Activities shall be resolved only by consultation between the Parties and shall not be 

referred to any national or international court or tribunal, or to any other person or entity 

for settlement. 

45 
ARTICLE XVII 

LANGUAGE 

17.1. The working language for this TEP MOA and its TEP Activities shall be the English 

language. 

17.2. All Information generated under this TEP MOA, including TEP Activities and 

implementing Contracts for PAs, and provided by one Party to the other Party, shall be 

furnished in the English language. 

46 
ARTICLE XVIII 

GENERAL PROVISIONS 

18.1. 	 This TEP MOA is not intended to conflict with the national laws ofthe Parties, nor with 

treaties that might apply to either or both Parties. In the event ofconflict between this 

TEP MOA and the national law or a treaty of a Party, the national law or treaty ofthe 

Party prevail. 

47 
ARTICLE XIX 

AMENDMENT, TERMINATION, ENTRY INTO FORCE, AND DURATION 

19.1. 	 All TEP Activities ofthe Parties under this TEP MOA shall be carried out in accordance 

with their respective national laws and regulations, including their export control laws 

and regulations. The obligations ofthe Parties shall be subject to the availability offunds 

for such purposes. 

19.2. 	 In the event ofa conflict between the provisions of this TEP MOA and any Annex to this 

TEP MOA, the TEP MOA shall govern. 

19.3. 	 This TEP MOA, any PA under this TEP MOA, or its Annexes may be amended by the 

mutual written consent ofthe Parties. 

19.3.1. Annex D (Model Working Group (WG) Terms of Reference (TOR)) to this 

TEP MOA may be amended by the written approval ofthe MAs, provided that any 

such amendment is consistent with this TEP MOA. 

19.4. 	 This TEP MOA may be terminated by the mutual written consent ofthe Parties. Any PA 

under this TEP MOA may be terminated at any time by the mutual written consent ofthe 

Parties. In the event the Parties consent to terminate this TEP MOA, or any PA or WG 

TOR under this TEP MOA, the Parties shall consult prior to the date oftermination to 

ensure termination in the most economical and equitable manner. Termination ofthis 

TEP MOA shall result in the termination ofall TEP Activities, including all PAs and 

WGs under this TEP MOA. 

19.4.1. Any WG TOR may be terminated by written consent ofthe MAs. 

19.5. 	 Either Party may terminate this TEP MOA or any of its TEP Activities upon ninety (90) 

days written notification to the other Party of its intent to terminate. Such notice shall be 

the subject of immediate consultation by the ADs and MAs to decide upon the 

appropriate course of action to conclude the TEP Activities under this TEP MOA. In the 

event of such termination, the following rules apply: 

19.5.1. 	 The Party terminating the TEP MOA or any of its TEP Activities shall continue 

participation, financial or otherwise, up to the effective date oftermination; 

19.5.2. Except to Contracts awarded on behalf of both Parties, each Party shall be 

responsible for its own Project-related Costs associated with the termination of a 

PA under this TEP MOA. For Contracts awarded on behalf of both Parties to a 

CTE PA, the Party responsible for terminating the Project shall pay all Contract 

modification or termination costs that would not otherwise have been incurred 

but for the decision to terminate; 

48 
19.5.3. 	 All Information and rights therein received under the provisions ofthis TEP 

MOA or TEP Activity prior to termination ofthis TEP MOA shall be retained 

by the Parties, subject to the provisions ofthis TEP MOA and its TEP 

Activities; 

19.5.4. 	 Additional PA termination provisions consistent with this Article may be 

established in a PA under this TEP MOA; and 

19.5.5. 	 Each Party to a TEP Activity shall make available to the other Party all 

Foreground Information generated by that Customer Party or Performing Party 

and its Contractors prior to termination. 

19.7. 	 The respective rights and obligations ofthe Parties regarding Article VIII {Equipment 

and Material), Article IX {Disclosure and Use of Information), Article X {Controlled 

Unclassified Information), Article XII {Security), Article XIII {Third Party Sales and 

Transfers), Article XIV {Liability and Claims), Article XVI {Settlement of Disputes), and 

this Article XIX {Amendment, Termination, Entry Into Force, and Duration) ofthis TEP 

MOA shall continue to apply notwithstanding termination or expiration of this TEP MOA 

or any TEP Activities. 

19.8. 	 This TEP MOA, which consists ofnineteen (19) Articles and four (4) Annexes, shall 

enter into force upon signature by both Parties and shall remain in force for thirty (30) 

years. It may be extended by written agreement ofthe Parties. 

49 
The foregoing TEP MOA represents the understandings reached between the Department of 

Defense ofthe United States of America and the Swedish Defonce Materiel Administration 

Under the Authorization ofthe Government of the Kingdom Of Sweden (FMV) upon the matters 

referred to herein. 

Signed in duplicate, in the English language. 

FOR THE DEPARTMENT OF DEFENSE 

OF THE UNITED STATES OF AMERICA 

Signature 

David W. Duma 

Name 

Acting Director, Operational Test and 

Evaluation 

Title 

2017-06-28 

Date 

Stockholm 

Location 
The foregoing TEP MOA represents the understandings reached between the Department of 

Defense of the United States of America and the Swedish Defence Materiel Administration 

Under the Authorization of the Government ofthe Kingdom of Sweden (FMV) upon the matters 

referred to herein. 

Signed in duplicate, in the English language. 

FOR THE SWEDISH DEFENCE 

MATERIEL ADMINISTRATION UNDER 

THE AUTHORIZATION OF THE 

GOVERNMENT OF THE KINGDOM OF 

SWAJV)~4vc 

Signature 

Goran Martensson 

Name 

Director ofFMV 

Title 

2017-06-28 

Date 

Stockholm 

Location 

51 
ANNEXA - MODEL 


RECIPROCAL USE OF TEST FACILITIES (RUTF) 


PROJECT AGREEMENT (PA) (No. XX-YYYY-NNNN*) 


UNDER THE MEMORANDUM OF AGREEMENT BETWEEN 


THE DEPARTMENT OF DEFENSE OF THE UNITED STA TES OF AMERICA 


AND 


THE SWEDISH DEFENCE MATERIEL ADMINISTRATION 


UNDER THE AUTHORIZATION OF 


THE GOVERNMENT OF THE 


KINGDOM OF SWEDEN 


(FMV) 


CONCERNING 


TEST AND EVALUATION PROGRAM (TEP) COOPERATION 


CONCERNING 


(Full name ofproject) 

(SHORT TITLE: ofproject) 

* The Project numbers shall be structured as follows: 


XX-YYYY-NNNN where XX is a U.S. Military Department or Defense Agency 


designator such as N for Navy, A/orArmy, AFfor Air Force, DA/or DARPA, etc.; 


Yl'1'Y is the calendar year; and NNNN is a sequential number. 


A-1 
TABLE OF CONTENTS 


PREAMBLE 

ARTICLE 

II DEFINITIONS AND ABB RE VIA TIONS (optional) 

II OBJECTIVES 

III SCOPE OF WORK 

IV ESTIMATED TEST SCHEDULE 

V MANAGEMENT 

VI FINANCIAL PROVISIONS 

VII CONTRACTING PROVISIONS (optional) 

VIII LEVEL OF CLASSIFICATION 

IX PRINCIPAL ORGANIZATIONS INVOLVED 

X EQUIPMENT AND MATERIAL (optional) 

XI SPECIAL PROVISIONS 

XII ENTRY INTO FORCE, DURATION, AND TERMINATION 

APPENDIX I COST ESTIMATE MODEL 


2 
PREAMBLE 


This Reciprocal Use ofTest Facilities (RUTF) Project Agreement (PA) is entered into pursuant 

to the Memorandum ofAgreement (MOA) Between the Department ofDefense ofthe United 

States ofAmerica (U.S. DoD) and the Swedish Defence Materiel Administration Under the 

Authorization ofthe Government ofthe Kingdom ofSweden (FMV) Concerning Test and 

Evaluation Program (TEP) Cooperation, which entered into force on (insert entry into 

force date ofthe TEP MOA), and remains in force through , the provisions ofwhich 

are hereby incorporated by reference. 

ARTICLE I 

DEFINITIONS AND ACRONYMS 

Drafting guidance: In addition to the two definitions below, define only those terms used in this RUTF 

PA that have not been defmed in the TEP MOA. Abbreviations and acronyms shall be noted after first 

use within the body ofthis RUTFPA. 

The following definitions from the TEP MOA are repeated here for ease of reference, as they are 

particularly pertinent to this RUTF PA: 

Project Closure Report 	 A short report written by the Performing Party's PO for both 

Parties' Management Agents (MAs) at the end of the Project 

identifying Project completion, major benefits, and deficiencies in 

completing the Project, and reconciliation of financial Information. 

Test Report 	 The final report ofthe test agency documenting results of data 

gathering and analysis, achievement ofthe test objectives, 

conclusions, and recommendations. 

ARTICLE II 

TEST AND EVALUATION (T&E) OBJECTIVES 

2.1. The objectives of this ____RUTF PA are to (evaluate, validate, verify, certify, 

etc.) ______ 

3 
ARTICLE III 


SCOPE OF WORK 


3. I. Test Description: 

(Include any Customer Party and Performing Party-provided test personnel, Equipment and 

Material, or other assistance in this Article, andprovide the applicable details in this RUTF 

PA.) 

3. I. I. System under test shall be exposed to (provide adequate general detail) 

3. I.2. Testing environment shall simulate-------------­

3.2. Test Facility Services: 

(Outline the tasks and services to be provided by the Performing Party.) 

The following TEP Activities shall be performed by _______during a period of up to 

____ days/weeks during ____ 

The following support shall be provided by the Performing Party: 

(For example: Technical and analytical assistance, consultation/or preparation ofthe test 

plan, qualified personnel to conduct the T &E, and any other specified support to the Customer 

Party.) 

3.3. Test Reporting: 

(Identify the required reports and timeline by which these reports are to be provided by the 

Performing Party.) 

ARTICLE JV 

ESTIMATED TEST SCHEDULE 

(Note: Procedural details ofthe test plan mav be described in a separate document.) 

4.1. Day/Week/Month I (dates): 

4.1. l . (List ofactivities to occur) 

4.2. Day/Week/Month I (dates): 

4 
------------

----------

------------

------------

------------

4.2.1. 	 (List ofactivities to occur) 

4.3. 	 Day/Week/Month 1 (dates): 

4.3.1. 	 (List ofactivities to occur) 

4.4. 	 The dates and duration ofthe test are subject to change, within the stated duration ofthis 

RUTF PA, by the Performing Party or Customer Party. The Customer Party and 

Performing Party shall keep each other, and their respective MAs informed ofpotential 

schedule changes, delays, or cancellations. 

4.5. 	 A Project Closure Report shall be written by the Performing Party's Project Officer (PO) 

and transmitted to the Customer Party's PO and to both MAs no later than six months 

prior to the expiration ofthis RUTF PA. 

ARTICLEV 

MANAGEMENT 

5.1. 	 The Project Officers (POs) and Financial Officers are: 

U.S.DoDPO 	 Title/Position ---------­


Organization 


Mail Address ---------­

Phone and Fax --------­

Email 

U.S. DoD Financial Officer 	 Title/Position 

0 rganiza ti on 

Mail Address --------­

Phone and Fax --------­ Email 

Swedish PO 	 Title/Position __________ 


Organization 


Mail Address _________ 


Phone and Fax --------­ Email 

Swedish Financial Officer 	 Title/Position ---------­


Organization 


Mail Address ---------­ Phone and Fax _________ 

Email 

5 
5.2. Project offices shall be established in (name ofSwedish location if 

applicable), and in (name ofU.S. location ifapplicable). The POs are responsible 

for management ofthose tasks listed as national responsibilities in Article III (Scope of Work) of 

this RUTF PA. Direct liaison between POs is authorized. The POs, as appropriate, may develop 

and consent to a Project Plan. 

5.3. Particular Management Procedures: 

Drafting guidance: Mention only those additional management responsibilities not covered under 

Article IV (Management (Organization and Responsibility)) ofthe TEP MOA. 

5.3. l. Command, Control, Safety, and Security Considerations: 


The Performing Party shall retain command and control over all facilities, personnel, 


Equipment and Material, and support units. Both the Performing Party and Customer 


Party shall adhere to the Performing Party's standard operating procedures regarding 


command, control, safety, and security, except where mutually determined otherwise in 


writing. In accordance with Article XII (Security) ofthe TEP MOA: 


5.3. l. l. The Performing Party and Customer Party are responsible for security of 

all publications and reference material. 

5.3.1.2. The Performing Party is responsible for the security ofthe test site, 

Equipment and Material, and publications. 

5.3. l .3. The POs shall coordinate security requirements prior to all classified 

testing. 

5.4. Upon completion ofthe test, the Performing Party shall provide detailed test plans and all 

Test Reports to the Customer Party in accordance with this RUTF PA. 

ARTICLE VI 

FINANCIAL PROVISIONS 

Drafting guidance: Mention only Costs designated for the Customer Party. 

6.1. The Cost estimate for performance ofthe tasks under this RUTF PA is (insert 

amount in the currency ofthe Performing Party) at (insert date). The Cost estimate 

shall follow the model described in Appendix I (Cost Estimate Model) to this RUTF PA. 

6.2. In no event shall the Performing Party exceed the Cost estimate without the prior written 

consent ofthe Customer Party. Ifthe Performing Party has reason to believe that the Cost 

estimate shall be exceeded, the Performing Party shall immediately notify the Customer Party 

and shall set forth a new Cost estimate together with supporting documentation. The Parties 

shall consult as soon as possible regarding the action to be taken in view of the revised Cost 

estimate. 

6 
6.3. The Performing Party should submit a request for payment to the Customer Party at least 

sixty (60) days in advance ofthe test requiring payment ofthe estimated Cost. The Customer 

Party should review the request for payment and respond with payment no later than fifteen (15) 

days prior to the scheduled commencement of the test. The test effort shall not commence until 

the funds are received. 

(The Parties may mutually agree to adjust the time periods as necessary for each test within 

the stated duration ofthis RUTFPA.) 

6.4. The Performing Party shall provide a final statement ofaccount to the Customer Party 

that details the actual Costs incurred and payments received from the Customer Party. After 

completing review ofthe final statement of account, the Performing Party and Customer Party 

shall reconcile the account and make any final payments. All final payments shall be made prior 

to termination of, or expiration of, this RUTF PA. 

6.5. Financial points ofcontact for the Performing Party shall provide all financial details for 

payment no later than thirty (30) days prior to the commencement ofthe test. Requests for 

payment shall contain the following information: 

Date 


PA Number 


Invoice ID 


Financial Manager's Contact Information 


Financial Coding 


Invoice Total 


Receiving Bank Name 


Receiving Bank Routing Number 


Receiving Bank Account Number 


ARTICLE VII 

CONTRACTING PROVISIONS 

Drafting guidance: Insert any special Contract provisions that are needed to supplement the standard 

provisions contained in the TEP MOA. Such "special" Contract provisions must be in accordance 

with the terms andprovisions ofthe TEP MOA and this RUTFPA. 

Ifthis RUTFPA does not involve any Contracting, this Article shall be marked as "Not Applicable to 

this RUTFPA". 

7 
ARTICLE VIII 


LEVEL OF CLASSIFICATION 


Drafting guidance: Select one ofthe following possibilities/or paragraph 8.1.: 

8.1. No Classified Information shall be exchanged under this RUTF PA. 

8.1. The highest level of Classified Information exchanged under this RUTF PA is 

Confidential. 

8. 1. The highest level of Classified Information exchanged under this RUTF PA is Secret. 

8.1. The highest level ofClassified Information exchanged under this RUTF PA is Top 

Secret. 

8.2. The existence ofthis RUTF PA is /insert classification] and its contents are /insert 

classification]. 

ARTICLE IX 


PRINCIPAL ORGANIZATIONS INVOLVED 


Drafting guidance: List the Test Facilities and other organizations ofthe Customer andPerforming 

Parties. 

ARTICLEX 


EQUIPMENT AND MATERIAL 


Drafting guidance: Ifthis RUTFPA does not i11volve any Equipment andMaterial to be provided, this 

Article shall be marked "NOTAPPLICABLE TO THIS RUTF PA", and the remaining paragraphs of 

this Article shall be deleted. 

I 0.1. Both Parties have determined that the following Equipment and Material must be 

provided as necessary for purposes ofthis RUTF PA. 

10.2. In addition to the items listed in the table below, which shall be maintained by the POs, 

Equipment and Material that cannot be identified at the time ofthe RUTF PA signature shall be 

documented, when identified, in a list to be developed and maintained by the POs in the format 

below. 

8 
Consumable/ •Estimated 

Providing Receiving Part/ Non- Transfer Security Replacement 

Party Party Qty Description Stock# Consumable Period Classification Value 

*Estimated Replacement Value is a good faith estimate ofthe replacement value at the time of 

the transfer. 

ARTICLE XI 

SPECIAL PROVISIONS 

I I. I. All TEP Activities under this RUTF PA shall be carried out in accordance with both the 

Performing Party's and Customer Party's respective national laws, regulations, policies, and 

procedures, including their applicable export control laws and regulations. 

Drafting guidance: Identify any procedures, specifications, or other necessary attributes of 

the Project not delineated in other Articles ofthis RUTFPA or the TEP MOA. 

Drafting guidance: In the event a Project Security Instruction and Classification Guide shall 

not be created for the Project, the following paragraph shall be used. 

I 1.2. U.S. export-controlled Information to be provided to the FMV under this RUTF PA shall 

be marked "International Traffic in Arms Regulations (IT AR)-Controlled" or "Export 

Administration Control Regulations (EAR)-Controlled," as appropriate, or such other markings 

as is notified by the U.S. DoD to the FMV. 

I l.3. Information furnished under this RUTF PA shall be marked to identify that it was 

furnished under this RUTF PA as Background Information or Foreground Information, and also 

to identify the owner ofthe Information. 

ARTICLE XII 

AMENDMENT, TERMINATION, ENTRY INTO FORCE, AND DURATION 

I2.I. This RUTF PA pursuant to the Memorandum of Agreement Between 

the Department of Defense ofthe United States of America and the Swedish Defence Materiel 

Administration Under the Authorization ofthe Government ofthe Kingdom of Sweden (FMV) 

Concerning Test and Evaluation Program (TEP) Cooperation, which entered into force (insert 

entry into force date ofthe TEP MOA), shal I enter into force upon signature of both Parties and 

shall remain in force for __ years, unless mutually terminated by the Parties. It may be 

extended by the written mutual determination ofthe Parties. 

9 
INSERTRUTFPROJECTAGREEMENT TITLE AND NUMBER HERE 


Signed in duplicate, in the English language. 


FOR THE DEPARTMENT OF DEFENSE 


OF THE UNITED STATES OF AMERICA 


Signature 

Name 

Title 

Date 

Location 

10 
INSERTRUTFPROJECTAGREEMENT TITLEAND NUMBER HERE 

Signed in duplicate, in the English language. 

THE SWEDISH DEFENCE MATERIEL 

ADMINISTRATION UNDER THE 

AUTHORIZATION OF THE GOVERNMENT 

OF THE KINGDOM OF SWEDEN (FMV) 

Signature 

Name 

Title 

Date 

Location 

11 
APPENDIX I -COST ESTIMATE MODEL 

COST ESTIMATE FOR THE (Name of Test) 


RUTF PA ID# (Insert RUTFPA Number) ... Test Period (Insert Date) 


Item Task Description/Service Labor Facility Materials Travel Total 

Use 

DIRECT COSTS 

I Test Planni01~ 

2 Test Article Safety Inspection 

3 Test Preparation & Setup 

4 Flight Time & Flh~ht Suooort 

5 Range Firings 

6 Ground Support (Telemetry & 

Communications) 

7 Toxic Fumes Test 

8 Human Factors Evaluation 

9 Technical I Review Meetings 

IO Secure Storage 

11 Suoolies & Materials 

12 Contingences (Retest, etc.) 

13 Data Analysis 

14 Report Preparation 

15 TOTAL COST 

INDIRECT COSTS 

(Indirect Costs charged to the Customer Party shall be only those required by the Performing 

Party's national policies andprocedures. These Costs may be itemized in a format similar to 

the table above.) 

Note: The above table is a notional example. Cost estimate tables should be tailored to align 

with the requirements ofparticular tests. 

12 
ANNEXB -MODEL 

COOPERATIVE TEST AND EVALUATION (CTE) 


PROJECT AGREEMENT (PA) (No. XX-YYYY-NNNN*) 


UNDER THE MEMORANDUM OF AGREEMENT BETWEEN 


THE DEPARTMENT OF DEFENSE OF THE UNITED STA TES OF AMERICA 


AND 


THE SWEDISH DEFENCE MATERIEL ADMINISTRATION 


UNDER THE AUTHORIZATION OF 


THE GOVERNMENT OF THE 


KINGDOM OF SWEDEN 


(FMV) 


CONCERNING 


TEST AND EVALUATION PROGRAM (TEP) COOPERATION 


CONCERNING 


(Full name ofproject) 

(SHORT TITLE: ofproject) 

*The Project numbers shall be structured as follows: 


XX-YYYY-NNNN where XX is a U.S. Military Department or Defense Agency designator such 


as N for Navy, A/orArmy, AFfor Air Force, DA/or DARPA, etc.; YYYY is the calendar year; 


and NNNN is a sequential number. 


B-1 
TABLE OF CONTENTS 


ARTICLE PAGE 

PREAMBLE 


DEFINITIONS AND ACRONYMS (optional) 


II TEST AND EVALUATION OBJECTIVES 

III SCOPE OF WORK 

IV SHARING OF TASKS AND ESTIMATED TEST SCHEDULE 

V MANAGEMENT 

VI FINANCIAL PROVISIONS 

VII TECHNICAL DATA EXCHANGE 

VIII CONTRACTING PROVISIONS (optional) 

IX LEVEL OF CLASSIFICATION 

X PRINCIPAL ORGANIZATIONS INVOLVED 

XI EQUIPMENT AND MATERIAL (optional) 

XII SPECIAL PROVISIONS 

XIII ENTRY INTO FORCE, DURATION, AND TERMINATION 

B-2 
PREAMBLE 


This Cooperative Test and Evaluation (CTE) Project Agreement (PA) is entered into pursuant to 

the Memorandum ofAgreement (MOA) Between the Department of Defense ofthe United 

States of America (U.S. DoD) and the Swedish Defence Materiel Administration Under the 

Authorization ofthe Government ofthe Kingdom ofSweden (FMV) Concerning Test and 

Evaluation Program (TEP) Cooperation, which entered into force on (insert entry into 

force date ofthe TEP MOA), and remains in force through the provisions ofwhich 

are hereby incorporated by reference. 

ARTICLE I 

DEFINITIONS 

Drafting guidance: In addition to the two definitions below, define only those terms used in 

this CTE PA that have not been defined in the TEP MOA. Abbreviations and acronyms shall 

be noted after first use within the body ofthis CTE PA. 

Note to Project Officers (POs): The following definitions from the TEP MOA are repeated here 

for ease ofreference, as they are particularly pertinent to this CTE PA: 

Project Closure Report 	 A short report written by the Parties' POs for the Party's 

Management Agents (MAs) at the end ofthe Project identifying 

Project completion, major benefits, and deficiencies in completing 

the Project, and reconciliation of financial Information. 

Test Report 	 The final report ofthe test agency documenting results ofdata 

gathering and analysis, achievement of the test objectives, 

conclusions, and recommendations. 

ARTICLE II 

TEST AND EVALUATION OBJECTIVES 

2.1. The objectives of this ____CTE PA are: 

2.1.1. Todeterminethe _________________ 

2.1.2. To evaluate the _________________; and 

2.1.3. To accomplish/improve--------­

B-3 
---------------

---------------

ARTICLE III 


SCOPE OF WORK 


3.1. 	 The following TEP Activities shall be performed under this CTE PA: 

3. 1.2. 	 Evaluate _______________; and 

3.1.3. 	 Design, fabricate, and test ----------------~· 

ARTICLE IV 


SHARING OF TASKS AND ESTIMATED TEST SCHEDULE 


(Ifbreakdown ofschedule is not included, title is "SHARING OF TASKS") 

4.1. 	 The sharing of tasks shall be as follows: 

4.1.1. 	 The U.S. DoD shall: 

4.1.2. 	 The FMV shall: 

4.1.3. 	 The U.S. DoD and the FMV shall jointly: _________ 

4.2. 	 Breakdown of schedule (optional): 

(Describe in general the timeline for conduct ofactivity for this Project. Show phases, 

milestones and/or decision points, but specific details can be worked out by the POs during 

development ofthe Project Plan.) 

4.3. 	 The dates and duration of the test are subject to change by mutual agreement ofthe 

Parties. The Parties shall keep each other, and their respective Management Agents 

(MAs), informed ofpotential schedule changes, delays, or cancellations. 

4.4. 	 A final report shall be transmitted to the MAs no later than six months prior to the 

expiration ofthis CTE PA. 

ARTICLEV 


MANAGEMENT 


B-4 
----------

Drafting guidance: Identify the Project Steering Committee Chairs. Note: Ifit is intended that 

either Party shall contract on behalfofthe other Party, a Steering Committee (SC) must be 

established. For CTE PAs in which an SC is not necessary, remove references to SCs and 

continue on with PO members as 5.1., renumbering remaining paragraphs as appropriate. 

5.1. 	 The Steering Committee (SC) Chairs are (ifnecessary): 

U.S. DoD SC Chair Title/Position ---------­

Organization 

Swedish SC Chair Title/Position 

Organization 

5.2. 	 The Project Officers (POs) are: 

U.S.DoDPO Name 

Title/Position ---------­

Organization 

Phone 

Email 

Swedish PO 	 Name 

Title/Position ---------­

Organization 

Phone 

Email 

5.3. Project offices shall be established in (name ofU.S. location if 

applicable), and in (name ofSwedish location ifapp/1~a~~e!. :he S<?IPOs are 

responsible for management ofthose tasks listed as n~tional respons1b1httes m Article IV 

(Sharing ofTasks and Estimated Test Schedule) ofth1s CTE PA. 

5.4. 	 Particular Management Procedures: 

B-5 
----

Drafting guidance: Mention only those additional management responsibilities not covered 

under Article W (Management (Organization and Responsibility)) ofthe TEP MOA. 

Include frequency ofSC meetings, etc. At least an initial SC meeting is recommendedfor all 

complex CTE PAs (e.g., in effect longer than three (3) years or involving more than $3 million 

per Party). 

For instance, ifa CTE PA shall be administered by one international Project office staffed by 

membersfrom both Parties, add the following paragraph: 

Parties may assign Cooperative Project Personnel (CPP) to a Project office to assist in 

administering a CTE PA. The Host Party shall provide office space and administrative 

support to the CPP in accordance with the Host Party's normalpractice. A Parent Party's 

assigned CPP shall be subject to the normal procedures and regulations ofthe Host Party. 

Provisionsfor the CPPprovided are described in Annex C (Cooperative Project Personnel 

(CPP)), Appendix 1 (CPP Position Description), andAppendix 2 (Certification ofCPP 

Conditions and Responsibilities) to the TEP MOA. 

ARTICLE VI 

FINANCIAL PROVISIONS 

6.1. Cooperative efforts ofthe Parties over and above the mutually determined tasks set out in 

this Article, Article III (Scope of Work), Article IV (Sharing ofTasks and Estimated Test 

Schedule), and Article VIII (Contracting Provisions) of this CTE PA shall be subject to 

amendment to this CTE PA or signature ofa new PA. 

6.2. The Cost ofperformance ofthe tasks under this CTE PA shall not exceed ____ U.S. 

dollars or Swedish Krona. 

Drafting guidance: Ifa CTE PA shall involve the assignment ofCooperative Project Personnel (CPP), 

the PA shall include a provision that refers to paragrap/1s 5. 7. ofArticle V (Financial Provisions) of 

the TEP MOA, identifies the Parent Party and Host Party, and specifies the number ofCPP to be 

assigned. In addition, the CTE PA shall include the amount offinancial and non-financial 

contribution related to CPP in one ofthe two alternatives below in this Article. 

Drafting guidance for Alternative 1: Ifa CTE PA shall 11ot involve one Party Contracting for the 

other, and no funds shall be exchanged between the Parties, use the following format for t/1e financial 

agreements. Both financial and non-financial contributions should be included in the total Costs. 

Alternative I 

6.3. Each Party's total Costs for this Project are: 

6.3. l. The U.S. DoD tasks shall not cost more than U.S. dollars. 

B-6 
----- 6.3.2. The Swedish tasks shall not cost more than Swedish Krona. 

Or: 

Drafting guidance for Alternative 2: Ifa CTE PA shall involve one Party Contractingfor the 

other Party, or ifthe Parties shall transfer or exchangefunds between them, use thefollowing 

format for thefinancial agreements. 

Using t/1e table below and whatever description is necessary, explain and demonstrate how the CTE PA 

shall be funded. Identify both financial and non-financial contributions (e.g., use ofequipment, 

Background Information, or use ofTest Facilities etc.), and identify the amount offunds to be 

transferred between the Parties, as well as t/1e rate ofcurrency exchange. 

Alternative 2 

(Cost ofperfonnance includes Financial andNon-financial Costs.) 

6.3. The Parties' total Costs for this Project are as follows based on a date of month/year 

exchange rates to U.S. dollars at (month/year, usually date of negotiation): 

Year 1 Year2 Year3 Year4 Years Total Total in 

USD 

U.S. DoD 

(USD) 

Sweden 

(SW Krona) 

TOTAL IN 

USD 

Drafting guidance/or Alternative 2: A Financial Management Procedures Document (FMPD) shall 

be developed by the POs and submitted to the SCfor approval iffunds are transferred between the 

Parties. The FMPD should include, at a niinimum,jinancial points ofcontactfor both Parties, 

schedule, handling, funding levels by year, auditing procedures for monetary contributions anticipated 

for the CTE PA, and any approval authorization procedures/or the expenditure offunds. 

ARTICLE VII 

TECHNICAL DATA EXCHANGE 

Drafting guidance: Describe the technical data exchange anticipatedfor each ofthe major 

technologies required to effect those tests. 

B-7 
ARTICLE VIII 


CONTRACTING PROVISIONS (OPTIONAL) 


Drafting guidance: Insert any special Contract provisions t/1at are needed to supplement the standard 

provisions contained in the TEP MOA. Consider specific program requirements including 

manufacturing Information, manner ofsoftware delivery, etc. 

Ifthe CTE PA does not involve any Contracting, tllis Article slla/I be marked "NOTAPPLICABLE TO 

THIS CTE PA". 

ARTICLE IX 


LEVEL OF CLASSIFICATION 


Drafting guidance: Select one ofthe fol/owing possibilities/or paragraph 9.1.: 

9. I. No Classified Information shall be exchanged under this CTE PA. 

9.1. The highest level of Classified Information exchanged under this CTE PA is 

Confidential. 

9.1. The highest level of Classified Information exchanged under this CTE PA is Secret. 

9.1. The highest level of Classified Information exchanged under this CTE PA is Top Secret. 

9.2. The existence ofthis CTE PA is [insert classification} and its contents are [insert 

classification}. 

ARTICLEX 


PRINCIPAL ORGANIZATIONS INVOLVED 


Drafting guidance: List the organizations andfacilities ofthe Parties. 

ARTICLE XI 


EQUIPMENT AND MATERIAL (OPTIONAL) 


Drafting guidance: Ifthis CTE PA does not involve any Equipment andMaterial to be provided, this 

Artide shall be marked as "NOTAPPLICABLE TO THIS CTE PA" and the remaining paragraphs 

deleted. 

B-8 
11.1. The Parties have determined that the exchange of Equipment and Material is necessary 

for purposes ofthis CTE PA. The POs shall identify and maintain a list ofall Equipment and 

Material to be exchanged in the table below.* 

*Drafting guidance: Equipment and Material that cannot be identified at the time ofCTE PA 

signature shall be documented, when identified, in a list to be developed and maintained by the POs in 

the format below. 

•Estimated 

Providing Replacement

Party Value

Consumable/ 

Receiving Part/ Non- Transfer Security 

Party Qty Description Stock# Consumable Period Classification 

* Estimated Replacement Value is a good-faith estimate ofthe replacement value at the time of 

the transfer. 

NOTES: 

1. 	 Ifjointly acquired Equipment and Material is an aspect ofthe cooperative effort under the 

CTE PA, provisions for the disposal ofsuch jointly acquired Equipment and Material must be 

included in the CTE PA. 

ARTICLE XII 

SPECIAL PROVISIONS 

12.1. All activities of the Parties under this CTE PA shall be carried out in accordance with 

each Party's respective national laws, regulations, and policies, including their applicable export 

control laws and regulations. 

Drafting guidance: Identify any procedures, specifications, or other necessary attributes of 

the Project not delineated in other Articles ofthis CTE PA or the TEP MOA. 

Drafting guidance: In the event a Project Security Instruction and Classification Guide is not 

required/or the Project (i.e., no Classified Information to be exchanged), the following 

paragraph shall be used: 

12.2. U.S. export-controlled Information to be provided to the FMV under this CTE PA shall 

be marked "International Traffic in Arms Regulations (ITAR)-Controlled" or "Export 

Administration Control Regulations (EAR)-Controlled," as appropriate, or such other markings 

as notified by the U.S. DoD to the FMV. 

12.3. Information furnished under this CTE PA shall be marked to identify that it was 

furnished under this CTE PA as Background Information or Foreground Information, and also to 

identify the owner ofthe Information. 

B-9 
ARTICLE XIII 

AMENDMENT, TERMINATION, ENTRY INTO FORCE, AND DURATION 

13.1. This Cooperative Test and Evaluation (CTE) Project Agreement 

established pursuant to the Memorandum ofAgreement Between Department of Defense ofthe 

United States of America and the Swedish Defence Materiel Administration Under the 

Authorization ofthe Government ofthe Kingdom ofSweden (FMV) Concerning Test and 

Evaluation Program (TEP) Cooperation, which entered into force on (insert effective date ofthe 

TEP MOA), and shall remain in force through , shall enter into force upon signature 

of both Parties and shall remain in force for __ years/months unless terminated by the Parties. 

It may be extended by the written mutual determination ofthe Parties. Any outstanding financial 

contributions up to the date oftermination or expiration shall be paid prior to termination or 

expiration ofthis CTE PA. 

B-10 
INSERT CTE PROJECTAGREEMENT TITLEAND NUMBER HERE 


Signed in duplicate, in the English language. 


FOR THE DEPARTMENT OF DEFENSE 


OF THE UNITED STATES OF AMERICA 


Signature 

Name 

Title 

Date 

Location 

B-11 
INSERT CTE PROJECT AGREEMENT TITLE AND NUMBER HERE 

Signed in duplicate, in the English language. 

THE SWEDISH DEFENCE MATERIEL 

ADMINISTRATION UNDER THE 

AUTHORIZATION OF THE 

GOVERNMENT OF THE KINGDOM OF 

SWEDEN (FMV) 

Signature 

Name 

Title 

Date 

Location 

B-12 
ANNEXC 

COOPERATIVE PROJECT PERSONNEL (CPP) 

I. Purpose and Scope 

1.1. 	 This Annex to the Memorandum ofAgreement (MOA) Between the Department 

of Defense ofthe United States of America (U.S. DoD) and the Swedish Defence 

Materiel Administration Under the Authorization ofthe Government ofthe 

Kingdom of Sweden (FMV) Concerning Test and Evaluation Program (TEP) 

Cooperation, which entered into force on (insert entry into force date of 

the MOA), and remains in force through the provisions of which are 

hereby incorporated by reference, establishes the provisions that shall govern the 

conduct ofCooperative Project Personnel (CPP). The Parent Party shall assign 

military members or civilian employees to the Test Facility or other office ofthe 

Host Party in accordance with Article IV (Management (Organization and 

Responsibility)) ofthe TEP MOA and this Annex. CPP must be able to perform 

all the responsibilities assigned to them under the TEP MOA and the relevant PA. 

Commencement ofassignments shall be subject to any requirements that may be 

imposed by the Host Party or its Government regarding acceptance of CPP, such 

as, but not limited to, visas and visit request documentation. The Steering 

Committee (SC) or Project Officers (POs) shall determine the length oftour for 

the positions at the time of initial assignment. 

1.2. 	 CPP shall be assigned to the Project establishment ofthe Host Party for PA work 

and shall report to their designated supervisor regarding that work. The POs shall 

be responsible for the creation of a document describing the duties of each CPP 

position in accordance with Appendix I to Annex C (Cooperative Project 

Personnel Position Description) to the TEP MOA, which shall be subject to 

approval by the SC, or the PO if no SC is established. CPP shall not act as liaison 

officers on behalf ofthe Parent Party. CPP may act from time to time on behalf 

of their respective PO or SC member ifthe latter so authorizes, in writing. 

1.3. 	 CPP shall not be assigned to command or other positions that would require them 

to exercise responsibilities that are reserved by law or regulation to an officer or 

employee ofthe Host Party's Government. 

2.0. 	 Security 

2.1. 	 The POs, or SC if one is established, shall establish the maximum level of 

security clearance required, if any, to permit CPP to have access to Classified 

Information and facilities in which Classified Information is used in accordance 

with the Project Security Instruction (PSI) and Classification Guide (CG). Access 

to Classified Information and facilities in which Classified Information is used 

shall be consistent with, and limited by, Article II (Objectives) and Article Ill 

C-1 
(Scope of Work) ofthe TEP MOA, and shall be kept to the minimum required to 

accomplish the work assignments. 

2.2. 	 The Parent Party shall file visit requests for the CPP through prescribed channels 

in compliance with the Host Party's procedures. As part ofthe visit request 

procedures, the Parent Party shall cause security assurances to be filed, through 

the Parent Party's Government embassy located in the Host Party's country, 

specifying the security clearances for the CPP being assigned. 

2.3. 	 The Host Party and Parent Party shall use their best efforts to ensure that CPP 

assigned to the Test Facility ofthe Host Party or other office or facility are aware 

of, and comply with, applicable laws and regulations, as well as with the 

requirements ofArticle IX (Disclosure and Use of Information), Article X 

(Controlled Unclassified Information), Article XI (Visits to Establishments), 

Article XII (Security), and Article XIX (Amendment, Termination, Entry Into 

Force, and Duration) ofthe TEP MOA and the provisions ofthe applicable PSI 

and CG. Prior to commencing assigned duties, CPP shall sign a certification 

concerning the conditions and responsibilities ofCPP, in accordance with 

Appendix 2 to Annex C (Certification of Cooperative Project Personnel (CPP) 

Conditions and Responsibilities) to the TEP MOA. 

2.4. 	 CPP shall at all times be required to comply with the security and export control 

laws, regulations, and policies ofthe Host Party's Government. Any violation of 

security laws, regulations, and policies by CPP during their assignment shall be 

reported to the Parent Party for appropriate action. CPP committing violations of 

security and export control laws, regulations, and policies during their 

assignments may be withdrawn from the CPP assignment with a view toward 

appropriate administrative or disciplinary action by the Parent Party. 

2.5. 	 All Classified Information made available to CPP shall be considered as 

Classified Information furnished to the Parent Party, and shall be subject to all 

provisions and safeguards provided for in Article XII (Security) ofthe TEP MOA, 

the PSI, and the CG. 

2.6. 	 CPP shall not have personal custody of Classified Information or Controlled 

Unclassified Information unless approved by the Host Party and as authorized by 

the Parent Party. They shall be granted access to such Information in accordance 

with Article X (Controlled Unclassified Information), and Article XII (Security) 

ofthe TEP MOA, and to the PSI, during normal duty hours at the Test Facility of 

the Host Party or other office or facility and when access is necessary to perform 

PA work. 

2.7. 	 CPP assigned to the Test Facility of the Host Party or other office or facility shall 

not serve as a conduit between the Host Party and Parent Party for requests and/or 

transmission of.Classified Information or Controlled Unclassified Information, 

unless specifically authorized by the PSI. 

C-2 
3.0. 	 Technical and Administrative Matters 

3.1. 	 Consistent with the Host Party's Government laws, regulations, and policies, and 

subject to applicable bilateral agreements, the following shall apply: 

3. 1. 1. CPP shall be subject to the same restrictions, conditions, and privileges as 

Host Party personnel of comparable rank and in comparable assignments. 

CPP and the CPP's authorized dependents shall be accorded: 

3.1.1.1. exemption from any Host Party's Government tax on income 

received from the Parent Party; and 

3.1.1.2. exemption from any Host Party's customs and import duties or 

similar charges levied on items entering the country for their official or 

personal use, including their baggage, household effects, and private 

motor vehicles. 

3.2. 	 On arrival, CPP and the CPP's dependents shall be provided briefings arranged by 

the establishment of the Host Party about applicable laws, orders, regulations, and 

customs and the need to comply with them. CPP and the CPP's dependents shall 

also be provided briefings arranged by the establishment ofthe Host Party 

regarding entitlements, privileges, and obligations such as: 

3.2.1. Any medical and dental care th.at may be provided to CPP and the CPP's 

dependents at Host Party medical facilities, subject to the requirements of 

applicable laws, regulations, and policies, and any other applicable bilateral 

agreements; 

3.2.2. Purchasing and patronage privileges at military commissaries, exchanges, 

theaters, and clubs for CPP and the CPP's dependents, subject to the requirements 

ofapplicable laws, regulations, and any applicable bilateral agreements; 

3.2.3. The Host Party shall provide, if available, housing and messing facilities 

for CPP and their dependents on the same basis and priority as for its own 

personnel. CPP, or their Parent Party, shall pay messing and housing charges to 

the same extent as Host Party personnel. At locations where facilities are not 

provided by the Host Party for its own personnel or facilities are not available, the 

Parent Party shall make suitable arrangements for its CPP in accordance with its 

national laws, regulations, and policies; and 

3.2.4. CPP and their dependents shall have the responsibility ofobtaining motor 

vehicle liability insurance coverage in accordance with the laws and regulations 

applicable in the area where they are residing. In ..case of claims involving the use 

ofprivate motor vehicles by CPP, the recourse shall be against such insurance. 

C-3 
3.3. 	 The Host Party's PO, through the other office or facility, shall, in consultation 

with the CPP, establish standard operating procedures for CPP in the following 

areas: 

3.3. l. Working hours, including holiday schedules; 

3.3.2. ·Leave authorization, consistent to the extent possible with the military and 

civilian personnel regulations and practices ofthe Host Party and Parent Party; 

3.3.3. Dress regulations, consistent to the extent possible with the military and 

civilian personnel regulations and practices ofthe Host Party and Parent Party; 

and 

3.3.4. Performance evaluations, recognizing that such evaluations shall be 

rendered in accordance with the Parent Party's military or civilian personnel 

regulations and practices. 

3.4. 	 CPP committing an offense under the laws ofthe Government ofthe Host Party 

or Parent Party may be withdrawn from the CPP assignment with a view toward 

further administrative or disciplinary action by the Parent Party. Disciplinary 

action, however, shall not be taken by the Host Party against CPP, nor shall the 

CPP exercise disciplinary powers over the Host Party's personnel. In accordance 

with a Host Party's Government laws and regulations, the Host Party shall assist 

the Parent Party in carrying out investigations ofoffenses involving CPP. 

3.5. 	 During their assignment, CPP shall not be placed in the following duty status or 

environments unless it is consented to in writing by the Parent Party: 

3.5. l. Areas ofpolitical sensitivity where their presence may jeopardize the 

interests of either the Host Party or Parent Party, or where, in the normal course of 

their duty, CPP may become involved in activities that may embarrass either 

Party; 

3.5.2. Deployments in non-direct hostility situations, such as United Nations 

peacekeeping or multinational operations, or operations in third countries; 

3.5.3. Duty assignments in which direct hostilities are likely. Should another 

office or facility to which CPP are assigned become involved in hostilities 

unexpectedly, assigned CPP shall not be involved in the hostilities. Any such 

CPP approved by the Parent Party for involvement in hostilities shall be given 

specific guidance as to the conditions under which the assignment shall be carried 

out by the appropriate authorities of the Host Party and Parent Party; or 

3.5.4. Other duty assignments as set out in applicable bilateral agreements. 

C-4 
3.6. 	 The Parties recognize that military personnel and civilian employees of a Party, 

assigned to duty by its Defence Department or Ministry for the purpose of 

working on this Project while present in the territory ofthe other Party, shall, to 

the extent that they are so qualified, be members ofa "Force" and "civilian 

component," respectively, within the meaning ofthe applicable bilateral 

agreements with that Party or applicable national legislation. Employees and 

agents ofContractors do not constitute a civilian component for the purposes of 

this paragraph. 

C-5 
APPENDIX 1 TO ANNEX C 


COOPERATIVE PROJECT PERSONNEL POSITION DESCRIPTION 


1. Position: 

a. Title: Cooperative Project Personnel (CPP) to the ________Cooperative 

Test and Evaluation (CTE) Project Agreement (PA). 

2. Position location: 

3. Security clearance level required for the position: 

4. Qualifications/Skills Required for Position: (Insert appropriate data, e.g., accredited degree 

in a scientific or air and space-related subject, air and space staffand/or test, evaluation, or 

operational experience, military specialty similar to U.S. DoD Acquisition Program Manager 

and/or acquisition engineering experience.) The CPP shall perform the following CTE PA 

tasks and responsibilities as mutually determined by the CTE PA Project Officers (POs). 

5. General categories oflnformation to which access shall be required: (Insert appropriate 

categories ofInformation required to perform the duties outlined in this Position Description.) 

6. Description of specific duties: 

a. 	 CPP shall be primarily responsible for (insert responsibilities, e.g., coordinating the 

administration ofthe CTE PA). CPP shall require Information access to (insert 

specific Information access requirements.); 

b. 	 Anticipated travel requirements and locations; 

c. 	 The CPP shall attend technical meetings and symposiums as required in performance of 

assigned duties; 

d. 	 Reporting requirements (e.g., provide a monthly Project summary to the Project 

Officers (POs), and the Steering Committee (SC), or Management Agents (MAs) if 

no SC is established, as requested. This report shall cover plans and Project 

execution. It should also include any forecasts offorthcoming trials, tests, and 

Project reviews.); 

e. 	 Attend respective Project reviews and provide a summary report of CTE PA activities 

as required; 

f. 	 In support ofthe CTE PA, advise the PO on respective national procurement and 

fielding policy, support, and logistics doctrine and organization; and 

C-6 
g. 	 Provide administrative support and coordination for the SC, or POs if no SC is 

established, for various Project meetings. In particular, the CPP shall (sample tasks 

listed below): 

(I) 	 Request inputs from POs at least two weeks prior to each meeting; 

(2) 	 Provide written briefs to PO at least one week prior to each meeting; 

(3) 	 Provide draft minutes for each meeting within ten (IO) days ofthe conclusion of 

the meeting; 

(4) 	 Provide written briefs on the CTE PA activities to PO every six weeks; 

(5) 	 Coordinate with key stakeholders, as required, so as to ensure timely progress; 

(6) 	 Attend CTE PA meetings and provide administrative support where necessary; 

and 

(7) 	 Brief progress on the CTE PA to POs as directed above. 

C-7 
APPENDIX 2 TO ANNEX C 

CERTIFICATION OF COOPERATIVE PROJECT PERSONNEL (CPP) 


CONDITIONS AND RESPONSIBILITIES 


1. I understand and acknowledge that I have been assigned to [insert name and location of 

organization to which assigned/ pursuant to Cooperative Test and Evaluation (CTE) Project 

Agreement (PA) [insert number and name ofrespective CTE PA] is entered into pursuant to the 

Memorandum ofAgreement (MOA) Between the Department of Defense ofthe United States of 

America (U.S. DoD) and the Swedish Defence Materiel Administration Under the Authorization 

ofthe Government ofthe Kingdom of Sweden (FMV) Concerning Test and Evaluation Program 

(TEP) Cooperation, which entered into force on (insert entry into force date ofthe TEP 

MOA), and remains in force through . In connection with this assignment, I further 

understand, acknowledge, and certify that I shall comply with the following provisions and 

responsibilities: 

2. I understand that I have been assigned to work on the specific CTE PA identified in paragraph 

I. above, and as described in the Position Description (PD). There shall be no access to 

Information except as required to perform the duties described in the PD for the CTE PA to 

which I am assigned, as determined by my supervisor and the Project Officer ofthe [insert the 

CPP's Parent Partv]. 

3. I shall perform only functions that are properly assigned to me as described in the PD for my 

assignment and shall not act in any other capacity on behalf of my Parent Party. 

4. All Information to which I may have access during this assignment shall be treated as 

Information provided to my Government pursuant to the terms and provisions ofthe TEP MOA. 

5. When dealing with individuals outside ofmy immediate office ofassignment on official 

matters, I shall inform such individuals that I am a foreign Cooperative Project Person. 

6. I have been briefed on, understand, and shall comply with, all applicable security regulations 

ofthe Host Party and the Host organization, as well as with all applicable laws and regulations of 

the Host Party's Government concerning the protection, release, transfer, or export (both during 

.and after the termination ofmy assignment) oflntellectual Property Information (such as Patents, 

copyrights, know-how, and trade secrets), Classified Information, Controlled Unclassified 

Information, and Information subject to export control laws and regulations, to which access 

might be granted under the TEP MOA. 

C-8 
7. I shall immediately report to the CTE PA Project Officers all unauthorized attempts by others 

to obtain from me Classified Information, Controlled Unclassified Information, proprietary 

Information, or Information subject to export control laws and regulations to which I may have 

access as a result ofthis assignment. 

Signature 

Name 

Title 

Date 

C-9 
ANNEXD - MODEL 


WORKING GROUP (WG) TERMS OF REFERENCE (TOR) 


FOR THE 


(Insert name ofWG) WORKING GROUP (WG) 


(SHORT TITLE: ofWG) 


UNDER THE AGREEMENT BETWEEN 


THE DEPARTMENT OF DEFENSE OF THE UNITED STATES OF AMERICA 


AND 


THE SWEDISH DEFENCE MATERIEL ADMINISTRATION 


UNDER THE AUTHORIZATION OF 


THE GOVERNMENT OF THE 


KINGDOM OF SWEDEN 


(FMV) 


CONCERNING 


TEST AND EVALUATION PROGRAM (TEP) COOPERATION 


D-1 
I. Au'thority. Mandatory: The Memorandum ofAgreement (MOA) Between the Department 

of Defense ofthe United States of America (U.S. DoD) and the Swedish Defence Materiel 

Administration Under the Authorization ofthe Government ofthe Kingdom of Sweden (FMV) 

Concerning Test and Evaluation Program (TEP) Cooperation, which entered into force on 

___(insert entry into force date ofthe TEP MOA), and remains in force through 

______. the provisions ofwhich are hereby incorporated by reference, fosters collaboration 

in standardization, testing, evaluation, and interoperability, potentially leading to new or 

improved military capability. Paragraph 2.1. ofArticle II (Objectives) ofthe TEP MOA 

provides for the establishment of Working Groups (WGs). Information may be exchanged in 

WGs pursuant to subparagraph 3.3.3. ofArticle III (Scope of Work) of the TEP MOA. These 

Terms ofReference (TOR) establish the (insert name ofWG). 

2. Definitions and Acronyms: 

(Provide any required definitions not included in the TEP MOA.) 

3. Purpose: 

(Provide a short paragraph identifying the purpose ofthe WG. For example, "This WG will 

be established to harmonize T&E requirements, study feasibility offuture cooperative TEP 

Activities, and report on specific T &E issues ofmutual interest." The WG will be limited in 

scope to a single, well-defined study or Project area and will endeavor to assess the T&E issue 

based on Information provided by the Parties in such a way as to arrive at a jointly determined 

position.) Examples follow: 

The (insert name ofWG) will include study of the following areas: 

The (insert name ofWG) will 

evaluate...; 

monitor ••. ; 

identify...; 

analyze...; 

investigate...; and 

facilitate... 

..• studies beneficial to the Parties. 

The (insert name ofWG) will provide a framework forthe exchange of Information, the 

identification ofpotential Project Agreements (PAs) relating to (name ofspecific weapon 

system, etc.), and the coordination of the Parties' requirements prior to the formal staffing ofa 

potential PA. 

The purpose ofthe (insert name ofWG) is to review respective (name specific weapon system, 

etc.) programs in order to identify mutually beneficial TEP Activities between the Parties. 

D-2 
Mandatory: Specific TEP Activities will be carried out in accordance with the TEP MOA and 

relevant P As or other international agreements, subject to respective applicable national laws, 

regulations, and policies ofthe Parties. 

Mandatory: The (insert name ofWG) is not intended to replace or inhibit activities under 

existing international agreements. 

4. Objectives: 

Provide details ofthe work to be accomplished under this TOR. 

Example follows: 

Information on research conducted by each Party in the area of(name speclflc technology) 

technology and its potential for (identify potential benefit) will be exchanged, and the potential 

for a PA to carry out a particular project ofT&E Activity will be discussed. 

Mandatory: The (insert name ofWG) will not duplicate the activities ofother organizations or 

agreements. 

Mandatory: The (insert name ofWG) wi II deliver (insert type ofdeliverable required. For 

example: Will the WG produce a report, study, list?) as specified below: 

5. Management Structure: 

Examples follow: 

The WG Lead Representatives (WGLRs) designated by the Parties are: (Mandatory: Identify 

one WGLRfor each Party. Include name, mailing address, email address, andphone 

number.) 

The (insert name ofWG) consists of representatives from (organizations) as principals and 

other representatives and supporting subject matter experts from (organizations), as appropriate. 

Membership in the (insert name ofWG) should be consistent with minimal tum-over of 

personnel. 

The importance ofconsultation with other agencies and organizations is recognized. 

Representatives from specific technology areas may be invited to participate in technical 

discussions, but shall not become members ofthe (insert name ofWG). They may, however, 

become members ofa sub-group established under this WG for a specific technology area or 

Project. 

Mandatory: Identify how often the WG will meet and who will host and chair. 

Example: WG meetings will be held at intervals as mutually determined by the WGLRs, but at 

least annually. The Parties will alternate host and chair responsibilities ofthe meetings. Minutes 

D-3 
will be prepared and provided to (insert name ofWG) members and to the TEP MOA MAs 

within (specify time) following the meetings. Administrative support for these meetings will be 

the responsibility of the Party hosting the meeting. 

Mandatory: Identify how decisions will be reached. 

Example: All decisions ofthe (insert name ofWG) will be unanimous. 

Mandatory: The Management Agents (MAs) will approve and sign this TOR. 

6. Exchange of Information: 

Mandatory: The (insert name ofWG), along with its appropriate supporting subject matter 

experts, may exchange Information pertaining to (name area ofdiscussion ofthe WG) activities 

in accordance with Article III (Scope) and Article IX (Disclosure and Use of Information) ofthe 

TEP MOA. Information will be provided without charge and will be used for information and 

evaluation purposes only. 

Mandatory ifexchanging Classified or Controlled Unclassified Information: Classified 

Information or Controlled Unclassified Information will be transferred only through official 

Government-to-Government channels or through channels approved by the Designated Security 

Authorities of both Parties. The provisions of Article X (Controlled Unclassified Information) 

and Article XII (Security) ofthe TEP MOA apply. No Equipment and Material will be 

transferred under the auspices ofthe (insert name ofWG). 

Mandatory: The (insert name ofWG) members will ensure that any Information provided in 

accordance with this TOR is used only by the Parties and then only for the purpose for which it 

has been provided. Information will not be disclosed or released to any Third Party or 

Contractor, or used for any other purpose without the prior written consent ofthe furnishing 

Party. 

Mandatory: The WGLRs will produce and maintain a list of Information exchanged under this 

WG. This list will include name ofdocument, date ofdocument, author, security classification 

and release restrictions, Cost and estimated value, country oforigin, originating point of contact, 

use rights, receiving point ofcontact, date provided, and any requirement to return the document 

to the originator. A current list will be submitted annually to the MAs. 

7. General: 


Mandatory: There will not be any transfer of funds between the Parties pursuant to this TOR. 


In those cases where a PA is determined to be required, the WGLRs will make every effort to 


prepare the necessary documentation and secure the required approvals as expeditiously as 


possible. Parties will be responsible for their own Costs arising from this WG. 


D-4 
8. Non-Legal Status: 

Mandatory: This TOR constitutes an administrative procedure to coordinate TEP Activities 

between the Parties. It is not the intent of the Parties that this TOR be considered legally binding 

under international law. This TOR does not create any authority to perform any work, award any 

Contract, transfer funds, or otherwise obligate in any way either Party to make or provide any 

Financial Costs or Non-financial Costs to the other Party for any purpose. Any collaborative 

activity identified for investigation by the (insert name ofWG) will be pursued in accordance 

with the provisions ofthe TEP MOA. 

9. Effective Date: 

Mandatory: This TOR for the (insert name ofWG) becomes effective on the date ofthe last 

signature below and remains in effect through (month day,year)fjill in before signature], unless 

terminated or extended. This TOR may be amended or extended by mutual written consent of 

the MAs. 

D-5 
INSERT WORKING GROUP TITLE HERE 

Signed in duplicate, in the English language. 

FOR THE DEPARTMENT OF DEFENSE · 

OF THE UNITED STATES OF AMERICA 

Signature 

Name 

Title 

Date 

Location 

D-6 
INSERT WORKING GROUP TITLE HERE 

Signed in duplicate, in the English language. 

THE SWEDISH DEFENCE MATERIEL 

ADMINISTRATION UNDER THE 

AUTHORIZATION OF THE 

GOVERNMENT OF THE KINGDOM OF 

SWEDEN (FMV) 

Signature 

Name 

Title 

Date 

Location 

D-7