TREATIES AND OTHER INTERNATIONAL ACTS SERIES 15-122

________________________________________________________________________

DEFENSE

Research and Development

Agreement Between the 

UNITED STATES OF AMERICA

and INDIA

Amending the 

Memorandum of Agreement of

January 9, 2006

Signed at New Delhi January 22, 2015

with

Annex
 

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.”
 

 INDIA

 Defense: Research and Development

 Agreement amending memorandum of 

 agreement of January 9, 2006.

 Signed at New Delhi January 22, 2015;

 Entered into force January 22, 2015.

 With annex.
,. ,-- '····-,--~ .. , ___ ,_, _____ '_" 

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AMENDMENT ONE 

TO 

THE MEMORANDUM OF AGREEMENT 

BETWEEN 

THE DEPARTMENT OF DEFENSE 

OF 

THE UNITED STATES OF AMERICA 

AND 

THE MINISTRY OF DEFENCE 

OF 

THE REPUBLIC OF INDIA 

FOR 

RESEARCH, DEVELOPMENT. TESTING, AND EVALUATION PROJECTS 

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ARTICLE ONE 

INTRODUCTION 

Whereas the Department of Defense of the United States of America and the 

Ministry of Defence of the Republic of India. hereinafter referred to as the "'Parties,"' 

entered into the Memorandum of Agreement between the Department of Dettmse of the 

United States of America and the Ministry of Defence of the Republic of India for 

Research, Development, Testing, and Evaluation Projects, hereinafter referred to as the 

"RDT&E Agreement," which entered into force on January 9, 2006, desire to amend the 

RDT &E Agreement to add export control text, extend its duration, and revise Annex A 

(Model Project Agreement); 

·nle Parties agree to amend the ROT &E Agreement in accordance with Article 

XVII (Amendment, Tennination, Entry into Force. and Duration), as follows: 

1.1. Amend Article I (Delinitions) by inserting the following definition: 

''Prospective Contractor: 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.·· 

1.2. Amend subparagraph 4.3.8. in Article IV (Management (Organization and 

Responsibility)) by deleting .. and" at the end of the sentence. 

1.3. Amend subparagraph 4.3.9. in Article IV (Management (Organization and 

Responsibility)) by deleting".'' at the end of the sentence and inserting"; and't. 

1.4. Amend paragraph 4.3. Article IV (Management (Organization and 

Responsibility)) by adding the following new subparagraph: 

.. 4.3.1 0. Employing its best efforts to resolve. in consultation with the export 

control authorities of the Party concerned, any export control issues raised by the 

POs in accordance with paragraph 4.4. of this Article or raised by a Party's SC 

representative in accordance with subparagraph 8.1.3.4. of Article VIII 

(Disclosure and Use of Project lntbrmation) ofthis Agreement." 

1.5. Amend paragraph 4.4. Article IV (Management (Organization and 

Responsibility)) by deleting "The POs shall also maintain a list of all Project Equipment 

transferred by either of the Parties." and inserting "'The POs shall maintain a list of all 

Project Equipment transferred by either of the Parties; The POs shall also monitor export 

control arrangements required to implement each PA and, if applicable, shall immediately 

refer to the SC (or the MAs if there is no SC) any export control issues that could 

adversely affect the implementation of the P A." 

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1.6. Amend Article VI (Contractual Provisions) by inserting the following new 

paragraphs: 

··6.1 0. 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 Agreement or PAs under this Agreement. The Contractor shall also be legally 

bound not to retransfer the export-controlled infonnation to another Contractor or 

subcontractor unless that Contractor or subcontractor has been legally b()und to 

limit use of the information to the purposes authorized under this Agreement or 

PAs under this Agreement. Export-controlled information furnished by one Party 

under this Agreement or PAs under this Agreement may only be retransferred by 

the other Party to its Contractors if the legal arrangements required by this 

paragraph have been established. 

6.11. Each Party shall legally bind its Prospective Contractors to a requirement 

that the Prospective Contractor shall not retransfer or otherwise use exportcontrolled information furnished by the other Party tbr any purpose other than 

responding to a solicitation issued in furtherance of the purposes authorized under 

this Agreement or a P A under this Agreement. Prospective Contractors shall not 

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

Prospective Contractors shall also be legally bound not to retransfer the exportcontrolled information to a prospective subcontractor unless that prospective 

subcontractor has been legally bound to limit use of the export-controlled 

information for the purpose of responding to the solicitation. Export-controlled 

infonnation furnished by one Party under this Agreement or a PA under this 

Agreement may only . be retransfen-ed by the other Party to its Prospective 

Contractors if the legal arrangements 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." 

1.7. Amend Article VIII (Disclosure and Use of Project Information) by adding the 

following subparagraph: 

'"8.1.3. The following export control provisions shall apply to the transfer of Project 

Inforn1ation: 

8.1.3.1. Transfer of Project Information shaH be consistent with furnishing Party's 

applicable export control laws and regulations. 

8.1.3 .2. Unless otherwise restricted by duly authorized officials of the furnishing 

Partv at the time of transfer to the other Party, all export-controlled infonnation 

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 6.1 0. and 6.11. of Article 

VI (Contractual Provisions) of this Agreement. 

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8. 1.3.3. Export-controlled information may be furnished by Contractors, 

subcontractors, prospe~tive Contractors, and prospective subcontractors of one 

Party's nation to the Contractors, subcontractors, prospective Contractors, and 

prospective subcontractors of the other Party's nation pursuant to a PA under this 

Agreement, subject to the conditions established in licenses or other approvals 

issued by the Government of the former Party in accordance with its applicable 

export control laws and regulations. 

8.1.3.4. If a Party tinds it necessary to exercise a restriction on the 

retransfer of export-controlled information as set out in subparagraph 8.1.3.2. of 

this Article, it shall promptly inform the other Party. If a restriction is then 

exercised and the affected Party objects, that Party's SC representative (or PO, if 

no SC is established under a PA) shall promptly notify the other Party's SC 

representative (or PO, if no SC is established}, and they shall immediately consult 

in order to discuss ways to resolve such issues or mitigate any adverse effects." 

1.8. Amend Article IX (Controlled Unclassified Information) by deleting paragraph 

9 ? d. . . ·-· an msertmg: 

·•9.2. 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 Project Security Instruction tor the applicable P A. The Parties 

shall also decide. in advance and in writing. on the markings to be placed on any 

other types of Controlled Unclassified Information and describe such markings in 

the Project Security Instruction:· 

1.9. Amend Article XVII (Amendment, Termination. Entry into Force, and Duration), 

paragraph 17.8., by deleting "10 years·· and inserting ''twenty-five (25) years". 

1.10 Amend Annex A (Model Project Agreement) by replacing in its entirety with the 

revised Annex A (pages 5-15) 

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ANNEXA 

MODEL PROJECT AGREEMENT 

PROJECT AGREEMENT NO. * 

TO THE 

MEMORANDUM OF AGREEMENT 

BETWEEN 

THE DEPARTMENT OF DEFENSE OF THE UNITED STATES OF AMERICA 

AND 

THE MINISTRY OF DEFENCE OF THE REPUBLIC OF INDIA FOR 

RESEARCH, DEVELOPMENT. TESTING. AND EVALUATION PROJECTS 

DATED JANUARY 9. 2006 

CONCERNING 

(FULL DESIGNATION OF THE PROJECT) 

(Short Title: [Insert] Project Agreement· (P A) 

* The Project Agreement Numbers shall be structured as follows: 

XX-NN-nnnn where XX is a U.S. Military Department or Defense 

Agency designator such as N for Navy, A for Army, AF for Air Force, 

AR for DARPA, etc.; NN is the calendar year, and nnnn is a sequential 

number. 

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TABLE OF CONTENTS 

I. INTRODUCTION AU. DEFINITION OF TERMS AND ABBREVIATIONS AIII. OBJECTIVES AIV. SCOPE OF WORK AV. SHARING OF TASKS A· 

VI. BREAKDOWN AND SCHEDULE OF TASKS A· 

VII. MANAGEMENT AVIII. FINANCIAL PROVISIONS AIX. CLASSIFICATION AX. PRINCIPAL ORGANIZATIONS INVOLVED AXI. PROJECT EQUIPMENT AXli. SPECIAL PROVISIONS AXIII. ENTRY INTO FORCE. DURATION, AND TERMINATION AAPPENDIX A. 

ASSIGNMENT OF (INSERT NAME OF PROJECT) A· 

COOPERATIVE PROJECT PERSONNEL 

(If additional topics need to be addressed, articles, annexes, or special provisions 

should be included as necessary and appropriate.) 

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ARTICLE I 

INTRODUCTION 

This Project Agreement (P A) is entered into pursuant to the Memorandum of Agreement 

between the Department of Defense of the United States of America (U.S. DoD) and the 

Ministry of Defence of the RepubHc of India (IN MOD) concerning Research, 

Development, Testing, and Evaluation Projects, which entered into force January 9, 2006 

(ROT &E Agreement). 

ARTICLE ll 

DEFINITION Of TERMS AND ABBREVIATIONS 

(Define only those terms used in this PA that have not been defined in the RDT &E 

Agreement.) 

ARTICLE HI 

OBJECTIVES 

3.1. The objectives of this _____ PA are: 

3.1.1. The development of ____________ _ 

3.1.2. The improvement of ____________ _ 

ARTICLE IV 

SCOPE Of WORK 

~· 4.1. The following work shall be undertaken under this PA. 

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4.1.1. Develop------------------

4.1.2. Evaluate·-----------------

4.1.3. Design. fabricate and test, __________ _ 

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ARTICLEV 

SHARING OF TASKS 

5.1. The sharing of tasks shall be as follows: 

5.1.1. The U.S. DoD shall -

5.1.2. The IN MOD shall _____________ _ 

5.1.3. The U.S. DoD and IN MOD shall jointly _______ _ 

ARTICLE VI 

BREAKDOWN AND SCHEDULE OF TASKS 

(OPTIONAL) 

(Use this format when the tasks covered under this Project may be performed using 

multiple phases, requiring milestones or decision points.) 

6.1. The Project shall proceed according to the following phases and schedule: 

Phase 1 

Description of Phase 1 

Start 

MM/DD/YY 

(Milestone l) (e.g., Transmittal of Fusibility Report) 

Phase 2 

Description of Phase 2 

Start 

MM/DD/YY 

(Milestone 2) (e.g., Decision to proceed to Phase 3) 

Phase 3 

Description of Phase 3 

Start 

MM/DD/YY 

, , (Milestone 3) ( e.g., Evaluation, analysis of results) 

(Add as many phases as necessary.) 

End 

MM/DD/YY 

End 

MM/DD/YY. 

End 

MMIDDIYY 

(Usc the following alternative paragraph 6.1. when the Project wiU proceed 

according to a Project Plan.) 

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6.1. The Project shall proceed according to the schedule developed and approved by 

the Project Officers in the Project Plan. 

6.2. The final report shall be transmitted to the Management Agents (MAs) six months 

before the termination date for this P A. 

ARTICLE VII 

MANAGEMENT 

(If a PA does not require a Steering Committee, use the following format to set forth 

how the PA will be managed.) 

Alternative 1 

7.1. This PA shall be directed and administered on behalf of the Parties by one Project 

Officer (PO) from each Party. The POs are: 

7.1.1. U.S. DoD PO Title/Position 

Organization 

Address 

7.1.2. IN MOD PO Title/Position 

Organization 

Address 

7.2. Project Offices shall be established in (name ofU.S.Iocation) and in 

(name of India location). The POs are responsible for management of 

-th-o-se-ta-s-:-ks-:l~is-ted as national responsibilities in Article V (Sharing ofTasks) of this PA. 

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7.3. Particular Management Procedures: 

(Mention only those other additional management responsibilities not covered under 

Article IV (Management (Organization and Responsibility)) of the RDT&E 

Agreement.) 

(If a Project requires the establishment of a Steering Committee, use the following · 

format to set forth how the Project will be managed.) 

Alternative 2 

7.1. This PA shall be directed and administered on behalf of the Parties by an 

organization consisting of a Steering Committee (SC) and one Project Officer (PO) from 

each Party. The SC members are: 

7.1.1. U.S. DoD Co-Chainnan 

7.1.2. IN MOD Co-Chaim1an 

7 .2. The POs are: 

7.2.1. U.S. DoD PO 

7.2.2. JN MOD PO 

Title/Position ----------

Organization 

Address 

Title/Position -----,..-------

Organization 

Address 

Title/Position ----------

Organization 

Address 

Title/Position ----------

Organization 

Address 

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7.3. Particular Management Procedures: 

(Mention only those additional management responsibilities not covered 

under Article IV (Management (Organization and ResponsibiDty)) of the 

RDT&E Agreement. For instance, if a PA involving a complex scope ofwork 

and significant fmancial and non-financial contributions will be administered 

by one joint program office staffed by members from each Party 

(Cooperative Project Personnel (CPP)), add the following paragraph: 

7.X. Either Party may assign CPP to the JPO to assist in administering a PA. 

The Host Party shall provide office space and administrative support to 

personnel of the other Party in accordance with the host Party's normal 

practice. A Party's assigned personnel shall be subject to the normal 

procedures and regulations of the Host Party. Provisions for the personnel 

provided are described in Appendix A (Assignment of (Insert Name of 

Project) Cooperath·e Project Personnel) of this PA.) 

ARTICLE VIII 

FINANCIAL PROVISIONS 

8.1. The Parties estimate that the cost of performance of the tasks under this P A shall 

not exceed __ U.S. dollars or ____._Indian rupees. 

(If a PA will involve the assignment of CPP, the PA shall include a provision 

that refers to paragraphs 5.6., 5.7., and 5.8. of the RDT&E Agreement, 

identifies which Party is sending or hosting CPP, and specifies the number of 

CPP to be assigned. In addition, the PA shall include the amount of financial 

and non-financial contributions related to CPP in one of the two alternatives .I 

below in this Article.) 

(If a PA will not involve one Party contracting for the other or both Parties, 

and no funds will be exchanged between the Parties, use the following format 

for the Financial Provisions. Both financial and non-financial contributions 

should be included in the total U.S. DoD and IN MOD costs.) 

Alternative 1 

8.1.1. The U.S. DoD tasks shall not cost more than: ____ U.S. dollars. 

8.1.2. The IN MOD tasks shall not cost more than: ____ Indian rupees. 

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Or: 

(If a PA will involve one Party contracting for the other Party or both Parties, 

or the Parties w.ill transfer or exchange funds between them, use the following 

format for the Financial Provisions.) 

Alternative 2 

(Cost of performance includes Financial and Non-financial Costs.) 

IN MOD 

(Indian 

rupees) 

U.S. DoD 

(U.S. 

dollars) 

Year 1 Year2 Year3 Year4 YearS Year6 

(Using the above table and whatever description is ·necessary, explain and 

demonstrate bow the PA will be funded. Include the rate of exchange. Identify both 

financial (funds) and non-financial (range time, use of equipment, etc.) contributions 

and identify the amount of funds to be transferred between the Parties.) 

(The' Financial Management Procedures Document (FMPD) should be developed by 

the POs and submitted to the SC (if appropriate) for approvaL . The FMPD should 

include at a minimum schedule, handling, funding levels by year, and auditing 

procedures for monetary contributions anticipated for this PA.) 

8.2. Cooperative efforts of the Parties over and above the jointly agreed tasks set forth 

in Article IV (Scope of Work). Article V (Sharing of Tasks), and Article VIII 

(Financial Provisions) of this PA shall be subject to amendment to this PA or 

signature of a new P A. 

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CLASSIFICATION 

9 .1. The existence of this P A and its contents are Unclassified. 

Only one of the two following possibilities must be selected: 

9.1.1. No Classified Information shall be exchanged under this PA. 

(or) 

9.1.1. The highest level of Classified Information exchanged under this PA 

is: (other than unclassified (specify)). 

ARTICLE X 

PRINCIPAL ORGANIZATIONS INVOLVED 

(List government laboratories, researcb centers, and other organizations for both the 

United States and India.) 

10.1. U.S. DoD: The principal U.S. DoD organizations involved in this PA are 

[names/locations]. 

10.2. IN MOD: The principal IN MOD organizations involved in this PA are 

[names/locations]. 

ARTICLE XI 

PROJECT EQUIPMENT 

(OPTIONAL) 

{In the event that the collaborative efforts under the PA require the provision of 

Project Equipment to either Party, then a list of such Project Equipment must be 

developed in general accordance with the following table. (See also Annex C 

(Inventory of Project Equipment Exchanges) to the RDT &E Agreement.) 

11.1. The loan of the following Project Equipment is necessary for executing this PA. 

Providing Receiving illY Descrintion Part C onswnable/ Approx Loan 

Pqrty ~ Stock# N2n: Value ~ 

Consumable 

(FiJI in as appropriate) 

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''" '»>> •"'""' 'n----~,,._,h_...,.,.__.__,~-----·---·------· 

Alternate Paragraph 11..1 I 

(In the event that the collaborative efforts under the PA could require the pro~~~~~ I 

of Project Equipment to either Party, but there tlre no definite plans to make such 

loans when the PA enters into force, use the following alternative language. See also 

Annex C (Inventory of Project Equipment Exchanges) to the RDT&E Agreement.) 

11.1. Project Equipment to be loaned shall be documented in a list approved and 

maintained by the SC* (* replace "SC" with "POs" if no SC is established) in the 

following fonnat: 

Providing Receiving Q!y Description Part Consumable/ Approx Loan 

Partv Party Stock# Non- Value Period 

Consumable 

The Jist will be prepared by the POs for signature by the SC after appropriate 

national approvals are obtained.* (*If no SC is established, replace this sentence 

with the following: "The list shall be prepared and approved by the POs after 

appropriate national approvals are obtained.") 

11.2. The providing Party shall loan the Project Equipment for the loan period identified 

in paragraph ll.l ofthis Article.** 

**If Alternative paragraph 11.1. is used, change paragraph 11.2. as follows: The 

providing Party shall Joan the Project Equipment for the loan period identified in 

the list described in paragraph 11.1 ofthis Article. 

ARTICLE XII 

SPECIAL PROVISIONS 

12.1. AI! activities of the Parties under this PA shall be carried out in accordance with 

their national laws and regulations. including their export control laws and regulations. 

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ARTICLE Xlll 

ENTRY INTO FORCE. DURATION. AND TERMINA TlON 

This (Use short title identified on title page of PA), a Project 

under the Memorandum of Agreement between the Department of Defense of the United 

States of America and the Ministry of Defence of the Republic of India for Research, 

Development, Testing, and Evaluation Projects, which entered into force January 9, 2006, 

shall enter into force upon signature by the RDT &E Agreement Management Agents, and 

shall remain in force for (Use both word and digit for identifying 

duration, e.g., "five (5)" years) unless tenninated by either Party. It may be extended by 

written agreement of the Parties. 

DONE, in two originals. in the English language. 

FOR THE DEPARTMENT OF 

DEFENSE OF THE UNITED 

STATES OF AMERICA: 

Signature 

Name 

Title 

Date 

Location 

FOR THE MINISTRY OF 

DEFENCE OF THE REPUBLIC OF 

INDIA: 

Signature 

Name 

Title 

Date 

Location 

1.11. All other provisions of the ROT &E Agreement remain unchanged. 

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ARTICLE TWO 

ENTRY INTO FORCE AND SIGNATURE 

This Amendment One to the RDT &E Agreement shall enter into force on the date on 

which the last signature is affixed below. 

Done, in two originals, in the English language. 

FOR THE DEPARTMENT OF 

DEFENSEOF THE UNITED STATES 

OF~~ 

Signature 

Frank Kendall 

Name 

Under Secretary of Defense for 

Acquisition, Technology and Logistics 

Title 

22 January 2015 

Date 

New Delhi, india 

Location 

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FOR THE MINISTRY OF DEFENSE 

OF THE REPUBLIC OF INDIA 

Signature 

h~,.:· 

RK Mathur 

Name 

Defence Secretary 

Title 

22 January 2015 

Date 

New Delhi, India 

Location