TREATIES AND OTHER INTERNATIONAL ACTS SERIES 15-119

________________________________________________________________________

DEFENSE

Cooperation

Memorandum of Agreement

Between the 

UNITED STATES OF AMERICA

and NORWAY

Signed at Washington and Oslo

December 22, 2014 and January 19, 2015

with

Annexes
 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.”
 NORWAY

 Defense: Cooperation

 Memorandum of agreement signed at 

Washington and Oslo December 22, 2014 and 

 January 19, 2015;

 Entered into force January 19, 2015.

 With annexes.

 
MEMORANDUM OF AGREEMENT 

BETWEEN 

THE DEPARTMENT OF DEFENSE 

OF THE UNITED STATES OF AMERICA 

AND 

THE MINISTRY OF DEFENCE OF THE KINGDOM OF NORWAY 

CONCERNING 

TEST AND EVALUATION PROGRAM (TEP) COOPERATION 

(SHORT TITLE: TEP MOA) 
TABLE OF CONTENTS 

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

ARTICLE I 

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

ARTICLE II 

OBJECTIVES .............................................................................................................. 10 

ARTICLE III 

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

ARTICLE IV 

MANAGEMENT (ORGANIZATION AND RESPONSIBILITY) ............................ 15 

ARTICLEV 

FINANCIAL PROVISIONS ....................................................................................... 20 

ARTICLE VI 

CONTRACTING PROVISIONS ................................................................................ 23 

ARTICLE VII 

WORK SHARING ....................................................................................................... 25 

ARTICLE VIII 

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

ARTICLE IX 

DISCLOSURE AND USE OF INFORMATION ........................................................ 29 

ARTICLE X 

CONTROLLED UNCLASSIFIED INFORMATION ................................................ 37 

ARTICLE XI 

VISITS TO ESTABLISHMENTS ............................................................................... 38 

ARTICLE XII 

SECURITY .................................................................................................................. 39 

ARTICLE XIII 

THIRD PARTY SALES AND TRANSFERS .................................................................. 42 

ARTICLE XIV 

LIABILITY AND CLAIMS ........................................................................................ 44 

2 
ARTICLE XV 

CUSTOMS DUTIES, TAXES, AND SIMILAR CHARGES ..................................... 46 

ARTICLE XVI 

SETTLEMENT OF DISPUTES .................................................................................. 47 

ARTICLE XVII 

LANGUAGE ............................................................................................................... 48 

ARTICLE XVIII. ................................................................................... 49 

GENERAL PROVISIONS 

ARTICLE XIX 

AMENDMENT, TERMINATION, ENTRY INTO EFFECT, AND DURATION .... 50 

ANNEXA 

MODEL RECIPROCAL USE OF TEST FACILITIES (RTUF) 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 EQUIPMENT AND MATERIAL TRANSFER AGREEMENT (E&MTA) .. D-1 

ANNEXE 

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

3 
PREAMBLE 

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

Defence of the Kingdom ofNorway (NO MOD), hereinafter referred to as the "Parties": 

Recognizing the Agreement between the Parties to the North Atlantic Treaty Regarding the 

Status oftheir Forces, signed in London on June 19, 1951 (NATO SOFA); 

Recognizing the General Security Agreement between Norway and the United States of 

America, which entered into force February 26, 1970,and was amended on September 27, 1984, 

including the Industrial Security Annex thereto of October 24, 1984 (General Security 

Agreement); 

Recognizing the Agreement Relating to Relief from Taxation ofUnited States Government 

Expenditures in Norway for Common Defense". June 27 1952; 

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 of various 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 of terms used in this Test and Evaluation 

Program (TEP) Memorandum of Agreement (MOA): 

Approval in Principle (AlP) 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 (P A) or Equipment and Material 

Transfer Agreement (E&MTA) for final approval. 

Background Information Information not generated in the performance of a TEP Activity. 

Classified Information Official Information that requires protection in the interests of 

national security and is so designated by the application of a 

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 of the Parties to pay for them. 

Contracting The obtaining of supplies or services by Contract from sources 

outside the governmental organizations of the Parties. Contracting 

includes a description (but not determination) of supplies 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 of a 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 

5 
Cooperative Project 

Personnel (CPP) 

Cooperative Test and 

Evaluation (CTE) Project 

Agreement (P A) 

Cost(s) 

Customer Party 

Designated Security 

Authority (DSA) 

Direct Cost 

Equipment and Material 

Equipment and Material 

Transfer (E&MT) 

Equipment and Material 

Transfer Agreement 

(E&MTA) 

Financial Costs 

Foreground Information 

Host Party 

but remains controlled. 

Military members or civilian employees of a 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) of a Project. 

The Party for whom the Performing Party is providing testing 

services by means of a Reciprocal Use of Test Facilities Project 

Agreement (RUTF) P A. 

The security authority designated by national authorities to be 

responsible for the coordination and implementation of national 

industrial security aspects of this 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. 

Transfer of Equipment and Material between Parties for use in a 

specific RUTF P A, CTE P A, or Equipment and Material Transfer 

Agreement (E&MTA), with details of the transfer being embedded 

in the RUTF PA, CTE PA, or E&MT A. 

An implementing agreement entered into under this TEI_> MOA that 

specifically details the terms and provisions for transfer of 

Equipment and Material between Parties that is not part of a 

specific P A. 

Costs met with monetary contributions. 

Informat\on generated in the performance of a specific TEP 

Activity. 

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

6 
Indirect Cost 

Information 

Intellectual Property 

Invention 

Non-financial Costs 

Parent Party 

Party 

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 of office supplies, and utilities that are accumulated 

Costs allocated among several users. 

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 oflntellectual Property Rights of April 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 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 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, of the 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 

7 
Patent 

Performing Party 

Project 

Project Agreement (PA) 

Project Closure Report 

Project Plan 

Prospective Contractor 

Reciprocal Use of Test 

Facilities (RUTF P A) 

Test and Evaluation (T &E) 

Test and Evaluation Program 

(TEP) Activity 

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 of the 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 

certificates or like statutory protection as well as divisions, 

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

The Party providing test services to a Customer Party under a 

RUTFPA. 

A TEP Activity undertaken by the Parties and conducted pursuant 

to a P A or E&MTA established under this TEP MOA. 

An implementing agreement, established under this TEP MOA that 

can be either a Reciprocal Use of Test Facilities (RUTF) PA or a 

Cooperative Test and Evaluation (CTE) PA. 

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

Management Agents (MAs) at the end of the Project identifying 

Project completion, major benefits, deficiencies in completing the 

Project, and reconciliation of financial information. 

A document that provides a description of a 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 P A under this TEP MOA that specifies the Cost, schedule, 

and performance aspects of a test effort conducted at a 

Performing Party's Test Facility for the Customer Party. 

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

analysis of that 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 III (Scope of 

Work) ofthis TEP MOA. 

8 
Test Facility 

Test Report 

Third Party 

Working Group (WG) 

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

defense Equipment and Material may be performed. 

The final report of the test agency documenting results of data 

gathering and analysis, achievement of the 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 

of a Party. 

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

the Management Agents (MAs), in accordance with Section III 

(Scope of Work) and Section IV (Management (Organization and 

Responsibility)). 

9 
ARTICLE II 

OBJECTIVES 

2.1. The objective of this 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 of Test and Evaluation Program (TEP) Activities 

detailed in separate Project Agreements (PAs), Equipment and Material Transfer 

Agreements (E&MTAs), or Working Groups (WGs) between representatives, authorized 

in accordance with the national policies and procedures of the Parties. These PAs, 

E&MTAs, and WGs shall be entered into pursuant to this TEP MOA and shall 

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

allow the exchange of Information for determining the feasibility of TEP 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 of Test 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, E&MTA, and WG Terms of Reference (TOR) 

shall be consistent with this TEP MOA. Each PA, E&MTA, and WG TOR shall include 

specific provisions concerning the objectives, scope of work, sharing of work, 

management structure, financial arrangements, and classification for the applicable P A, 

E&MTA, or WG TOR in accordance with the formats set forth in Annex A (Model 

Reciprocal Use of Test Facilitie~ (RUTF) Project Agreement (PA)), Annex B (Model 

Cooperative Test and Evaluation (CTE) Project Agreement (PA)), Annex C (Model 

Cooperative Project Personnel (CPP), Annex D (Model Equipment and Material Transfer 

10 
Agreement (E&MTA)), and Annex E (Model Working Group (WG) Terms of Reference 

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

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 III 

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 of testing requirements on a reimbursable basis under the 

provisions of a RUTF P A. This may include access to, or transfer of, test 

instrumentation and other testing tools; 

3 .1.2. conduct of cooperative T &E of systems of shared interest under the provisions of 

aCTEPA; 

3 .1.3 conduct of joint tests to advance test technology; 

3 .1.4. cooperative development of new or existing test instrumentation, equipment, 

other testing tools, and Test Facilities; 

3 .1.5. cooperative development of testing 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 of test technologies and procedures; 

3.1.8. familiarization with each other's facilities and identification of potential 

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 and E&MTAs: 

3.3.1.1. RUTF PA: This type ofPA shall be established pursuant to Annex A 

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

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

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

Performing Party shall be required prior to negotiating a RUTF P A. 

12 
3.3.1.2. CTE PA: This type ofPA 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 AlP or other authorization, as appropriate, may be required 

prior to negotiating a CTE P A. 

3.3 .1.3. E&MT A: The Parties recognize that it may be necessary to transfer 

Equipment and Material for the purpose of implementing this TEP MOA, but not 

for the purposes of a specific P A. In such cases, the Customer Parties shall enter 

into an E&MTA using the format set forth in Annex D (Model Equipment and 

Material Transfer Agreement (E&MTA)) to this TEP MOA, to the extent 

applicable and practicable. 

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

and to assist in formulating, developing, and negotiating potential PAs, E&MT As, and 

WG TORs under this TEP MOA. This includes, but is not limited to, the exchange of 

defense-related 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 P A or an 

E&MTA. 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 E (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 or an E&MTA, 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) of this TEP MOA, to promote awareness of the other Party's Test 

Facilities and test capabilities and to identify areas of potential TEP Activities under this 

TEPMOA. 

3.3 .4.1. Visits may include observation of test-related activities. 

3.3.4.2. Visits may include feasibility assessments pursuant to development of 

PAs or E&MTAs. 

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

(CPP) from one Party to facilities of the 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 of acquisition or production programs (other than Equipment and Material 

acquired for use in a TEP Activity) that may be proposed as a result of cooperation under 

13 
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 of test and evaluation. 

14 
ARTICLE IV 

MANAGEMENT (ORGANIZATION AND RESPONSIBILITY) 

4.1. This TEP MOA shall be directed and administered on behalf of the 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 of reorganization) is designated the U.S. DoD Agreement Director (U.S. AD). The 

Deputy Director General ofthe NO MOD (or successor in the event of reorganization) is 

designated the Norwegian Agreement Director (Norwegian 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 of the TEP MOA; 

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

procedures; 

4.2.4. Establishing E&MTAs in accordance with this TEP MOA and national policies 

and procedures; 

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

to PAs under this TEP MOA; and 

4.2.6. 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. MA. The Assistant Chief of Staff, Plans and 

Development (or successor or designee), is designated the Norwegian MA. The MAs 

shall be responsible for: 

4.3 .1. Establishing a management structure for each P A, 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 of contact for exchange of Information to support the 

development of potential TEP Activities in accordance with subparagraph 3.3 .2. 

of Article III (Scope of Work) ofthis TEP MOA; 

15 
4.3.4. Approving and signing TORs for WGs in accordance with subparagraph 3.3.3. 

of Article III (Scope of Work) of this TEP MOA, subject to any applicable 

national requirements for authorization of TOR signature; 

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

4.3.6. Approving plans for disposal of jointly acquired Equipment and Material, if no 

SC is established, in accordance with Article VIII (Equipment and Material 

Transfers) ofthis TEP MOA; 

4.3.7. 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 of the Parties; 

4.3.8. 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; 

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

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

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

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

4.3.11. Providing oversight of financial, performance, and schedule matters, and 

resolving issues brought forth by the POs, if no SC is established; 

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

for a P A or E&MT A 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 .13. Recommending to the AD approval of PAs, E&MT As, amendments to PAs, and 

amendments to this TEP MOA; 

' 4.3.14. Establishing and approving the detailed financial procedures of a CTE PA 

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

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

and 

4.3.15. Establishing and maintaining an overarching T&E capabilities list for the 

conduct ofT&E in each Party's country. 

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 Norway. All organizational, 

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

16 
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. 

4.5. For Projects in which one Party involved in a PA contracts on behalf of the other Party 

for tasks under that Project, an SC shall be established. If an 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. Approving plans for transfers of Equipment and Material or disposal of jointly 

acquired or developed Equipment and Material, in accordance with Article VIII 

(Equipment and Material Transfers) and Article XIII (Third Party Sales and 

Transfers) of this TEP MOA; 

4.5.4. Resolving issues brought forth by the POs; 

4.5.5. Maintaining oversight ofthe security aspects of a Project, including appointment 

of a Project security officer; 

4.5 .6. Establishing and approving the detailed financial procedures of a P A through a 

FMPD, as required; 

4.5.7. Reporting status and activity of assigned PAs as requested by MAs and ADs; 

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

accordance with subparagraph 4.6.13. of this Article, and reviewing the technical 

progress of the 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: 

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

4.5.8.2. References to applicable acquisition approval processes and documents. 

4.6. In accordance with the provisions of any P A, the POs shall have the responsibilities 

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

with the provisions of the P A, POs shall: 

17 
4.6.1. Have primary responsibility for effective implementation, efficient 

management, and direction of their 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 of assigned 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, if one is established, and the MA for Designated Security 

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

the generation or exchange of Classified 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 of the 

PA; 

4.6.6. Recommend the assignment ofCPP 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. Maintain a list of all Equipment and Material transferred by the Parties; 

4.6.8. Execute the financial aspects of the P A in accordance with Article V (Financial 

Provisions) ofthis TEP MOA; 

4.6.9. Forward issues, where necessary, to the SC, or if no SC is established, to the 

MAs for resolution; 

4.6.1 0. Carry out any additional obligations set out in the PA; 

4.6.11. Develop a Project Plan, and any necessary revisions thereto, as described in 

subparagraph 4.5.8. of this Article; submit the Project Plan and any revisions 

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

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

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

Contracting Officer; 

4.6.13. Inform the SC immediately of any risk of cost growth beyond the FMPD 

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

Project Plan; and 

18 
4.6.14. Prepare the Project Closure Report and forward to the MAs by the date indicated 

in the PA. 

4. 7. In accordance with the provisions of an approved CTE P A, 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 of an approved CTE 

PA. 

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

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

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

Personnel to assist in the development of or, upon entry into effect, implementation of a 

P A, subject to national policies and procedures. It is the responsibility of the Parties to 

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

TEP MOA and applicable PAs. 

19 
ARTICLEV 

FINANCIAL PROVISIONS 

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

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

Cost of the 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 P A. 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 of the Performing Party 

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

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

nature and specifics of the effort. 

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

Costs of each CTE P A, as prescribed in the CTE P A, 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 of the 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 

of the PA's SC, if one is established, or alternatively, the MA of the 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 P A. 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 P A, including their share of 

the Costs of any Contracts under paragraph 5 .11. of this 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. 

20 
5.7. For E&MTAs under this TEP MOA: 

5. 7 .1. There shall be no charge for the loan of Equipment and Material or for the Test 

Report. 

5.7.2. Both Parties shall fully bear all Costs they incur for performing, managing, and 

administering its activities under the E&MT A. 

5.8. 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: 

5.8.1. All pay and allowances of its CPP; 

5.8.2. Transportation of the 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 of a duty posting; 

5.8.3. Return transportation of the CPP, the CPP's dependents, and their personal 

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

completion or termination of the duty posting; 

5.8.4. 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; 

5.8.5. Preparation and shipment of remains and funeral expenses in the event of the 

death of the CPP or the CPP' s dependents; and 

5.8.6. Other Costs as mutually determined. 

5.9. A Party shall promptly notify the other Party if available funds shall not be adequate to 

fulfill its obligations as agreed under a P A or E&MT A. If it appears that the Cost 

estimates, or ceiling, in a P A or E&MT A 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. 

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

other obligations for the benefit of the 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 of the 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 of the time such payments, damages, or costs are 

due. 

21 
5 .11. Each Party shall be responsible for the audit of their 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 of the other Party's funds in accordance with the receiving Party's national 

practices. Audit reports of such funds shall be made available promptly by the receiving 

Party to the other Party. 

22 
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) of a P A 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 behalfto 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 P A. 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 of all statements of work 

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

of this TEP MOA and the applicable CTE P A. 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 oflnformation), Article X 

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

Sales and Transfers), and Article XIX (Amendment, Termination, Entry into Effect, and 

Duration) of this 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) of this TEP 

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

Contractors of their responsibility to notify immediately their respective Party's 

Contracting Agency, before Contract award, if they 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. 

23 
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 of the 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 if the 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 of the 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 of the 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 if the 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) of this TEP MOA, or is notified by Contractors or Prospective Contractors 

of any 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 of the other Party. 

24 
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 P A that is not 

in accordance with this TEP MOA or the applicable PA. 

25 
ARTICLE VIII 

EQUIPMENT AND MATERIAL TRANSFERS 

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

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

remain the property of the providing Party. The P A shall provide specific details of any 

transfer of Equipment and Material. Equipment and Material identified at the time of P A 

signature shall be specified in the P A pursuant to Article X (Equipment and Material 

Transfer) of Annex A (Model Reciprocal Use of Test Facilities (RUTF) Project 

Agreement (PA)) or Article XI (Equipment and Material Transfer) of Annex 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 P A signature shall be 

documented, when identified, in a list to be developed and maintained by the POs. 

Approval for all Equipment and Material Transfers shall be in accordance with national 

policies and procedures. 

8.2. For E&MTAs concluded pursuant to Annex D (Model Equipment and Material Transfer 

Agreement (E&MTA)) to this TEP MOA, the providing Party may transfer, without 

charge to the receiving Party, Equipment and Material for T &E purposes. Approval for 

all E&MTAs shall be in accordance with national policies and procedures. The receiving 

Party of the Equipment and Material, in accordance with the provisions of this TEP MOA 

and its national policies and procedures, shall provide without charge the results of any 

T&E to the providing Party, including the final Test Report. 

8.3. 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. 

8.4. The receiving Party shall maintain any transferred Equipment and Material in good order, 

repair, and operable condition. Unless the providing Party has authorized the Equipment 

and Material to be expended or otherwise consumed without reimbursement to the 

providing Party, the receiving Party shall return the Equipment and Material to the 

providing Party in as good condition as received, normal wear and tear excepted, or 

return the Equipment and Material and pay the Cost to restore it. If the transferred 

Equipment and Material is damaged beyond economical repair, the receiving Party shall 

return the Equipment and Material to the providing Party (unless otherwise specified in 

writing by the providing Party) and pay the replacement value as computed pursuant to 

the providing Party's national policies and procedures. If the Equipment and Material is I 

lost, unintentionally destroyed, damaged beyond economical repair, or stolen while in the 

custody of the receiving Party, the receiving Party shall issue a certificate ofloss to the 

providing Party and pay the replacement value as computed pursuant to the providing 

Party's national policies and procedures. 

26 
8.5. The providing Party, at its expense, shall deliver Equipment and Material to the receiving 

Party at a mutually determined location. Possession of, and responsibility for, the 

Equipment and Material shall pass from the providing Party to the receiving Party at the 

time of receipt of the Equipment and Material. Any further transportation responsibility 

shall be specified in the appropriate P A or E&MT A. 

8.6. All Equipment and Material that is transferred shall be used by the receiving Party only 

for the purposes of carrying out the applicable P A or E&MT A, unless otherwise 

consented to in writing by the providing Party. In addition, in accordance with Article 

XIII (Third Party Sales and Transfers) of this TEP MOA, Equipment and Material shall 

not be retransferred to a Third Party without the prior written consent of the providing 

Party. 

8.7. The providing Party shall furnish the receiving Party such Information as is necessary to 

enable the Equipment and Material to be used. If the providing and receiving Parties 

mutually determine that specific training is required for use of Equipment and Material, 

they shall mutually determine the appropriate agreements for the provision of such 

training. 

8.8. The receiving Party shall inspect and inventory the Equipment and Material upon receipt. 

The receiving Party shall also inspect and inventory the Equipment and Material prior to 

its return (unless the Equipment and Material is to be expended or consumed). 

8.9. Upon expiration or termination ofthe transfer period specified in the PA or the E&MTA 

(taking into account any extension), the receiving Party shall return the Equjpment and 

Material, at its expense, to the providing Party at a mutually determined location. 

Possession of, and responsibility for, the Equipment and Material shall pass from the 

receiving Party to the providing Party at the time of its receipt. Any further 

transportation is the responsibility of the providing Party. 

8.1 0. The receiving Party shall give the providing Party written notice of consumption or 

expenditure of Equipment and Material approved for such consumption or expenditure. 

In the event the intended consumption or expenditure does not occur, the receiving Party 

shall return the Equipment and Material to the providing Party as specified in the P A or 

E&MTA. 

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

rights in Equipment and Material and any associated documentat!on. 

8.12. 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 of official 

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

developed Equipment and Material in order to complete a CTE P A, the cost of such 

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

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

27 
determined to be equitable. In any case, if the 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. 

8.13. Any Equipment and Material that is jointly acquired or developed on behalf of the both 

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

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

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

Material shall remain the property of the Parties in the same ratio as Financial and Nonfinancial Costs are shared in the CTE P A 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. 

8.14. Mutually determined disposal of jointly acquired or developed Equipment and Material 

may include a transfer of the interest of one Party in such Equipment and Material to the 

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

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

the purpose of this paragraph, a Contractor of a 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. 

28 
ARTICLE IX 

DISCLOSURE AND USE OF INFORMATION 

9 .1. 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 of this 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) of this TEP MOA and all 

documents underlying a TEP Activity. 

9.1.2. The following export control provisions shall apply to the transfer oflnformation: 

9.1.2.1. 

9.1.2.2. 

9.1.2.3. 

9.1.2.4. 

9.1.2.5. 

Transfer of Information shall be consistent with the furnishing 

Party's applicable export control laws and regulations; 

Unless otherwise restricted by duly authorized officials of the 

furnishing Party at the time of transfer 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. of Article VI (Contracting Provisions) of this TEP MOA; 

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 of the other Party's nation pursuant to this TEP 

MOA, subject to the conditions established in licenses or other 

approvals issued by the Government of the furnishing Party in 

accordance with its applicable export control laws and regulations; 

If a Party finds it necessary to exercise a restriction on the 

retransfer of export-controlled Information as set out in 

subparagraph 9 .1.2.2. 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 P~y's 

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

resolve such issues or mitigate any adverse effects; and 

The Parties shall use their best efforts to facilitate timely export 

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

29 
9.2 The following provisions shall apply to Information Exchange, 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) of this 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 of the furnishing Party; and 

9.2.1.1.4. Any disclosure or transfer of such Information to Contractors 

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

regulations. 

9.2.1.2. Use: Use oflnformation 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. Fore ground Information 

9.3.1.1. Use: The Customer Party's use oflnformation shall be for Defense 

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

Government 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 of the RUTF 

PA. 

30 
9.3.1.2. The Performing Party's use ofForeground Information shall be for 

information and evaluation purposes only. 

9.3.1.3. 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 of the 

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; and 

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 of the Customer Party. 

9.4. The following provisions apply to CTE PAs and E&MTAs: 

9.4.1. Government Foreground Information 

9.4.1.1. 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) of this TEP 

MOA. 

9 .4.1.3. If either Party requires disclosure and use of Information for additional 

purposes, those purposes shall be specified in the Special Provisions 

article of a CTE P A or E&MTA. 

9.4.2. Government Background Information 

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

without charge to the other Party any relevant Background Information 

31 
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 of the 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 of the 

furnishing Party; and 

9.4.2.1.4. Any disclosure or transfer of such 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 of the CTE 

PAorE&MTA. 

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 

32 
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 of the Parties. The Party whose Contractors generate and 

deliver Contractor Foreground Information shall also retain all its rights 

of use thereto in accordance with the applicable Contracts. Any sale or 

other transfer to a Third Party of Contractor Foreground Information 

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

Transfers) of this 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 

of one Party shall be made available promptly and without charge to the 

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

9 .4.4.1.1. 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; 

9.4.4.1.2. Such Contractor Background Information may be made 

available only if the rights of holders of Intellectual Property rights are 

not infringed; 

9.4 .4 .1.3. Disclosure of such Contractor Background Information is 

consistent with national disclosure policies and regulations of the 

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 P A under this 

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

for Project Purposes subject to any restrictions by holders oflntellectual 

Property Rights other than the Parties. However, where such 

Background Information is necessary for the use of Foreground 

33 
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 of this 

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 of the 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 oflnformation 

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 P A or E&MTA 

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 or E&MTA under this TEP MOA. 

9.6. Proprietary Information and Document Marking 

9.6.1. 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(s) of the Information. 

9.6.4. The provisions of the NATO Agreement on the Communication of Technical 

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

Implementing Procedures for the NATO Agreement on the Communication of 

Technical Information for Defence Purposes, approved by the North Atlantic 

Council on January 1, 1971 (or any successor agreement and procedures), shall 

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

34 
9. 7. Inventions and Patents 

9. 7 .1. Each Party shall include in all its Contracts for a P A a provision governing the 

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

either: 

9. 7 .1.1. 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 of subparagraph 9. 7 .2. of this 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. of this 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 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 of such 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 of the Party holding title, Patent 

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

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

be filed a Patent application, abandons prosecution of the application or ceases 

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

the other Party of that 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 

35 
throughout the world for Defense Purposes. 

9. 7. 7. Patent applications to be filed, or assertions of other 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 of Secrecy 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 behalf of the 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, of such claims. The Parties shall share the Costs of resolving 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 of work performed 

under a Project of any 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. 

36 
ARTICLE X 

CONTROLLED UNCLASSIFIED INFORMATION 

1 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: 

1 0.1.1. Such Information shall be used only for the purposes authorized according to 

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

1 0.1.2. Access to such Information shall be limited to personnel whose access is 

necessary for the permitted use under subparagraph 1 0.1.1. of this Article, and 

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

Transfers) of this TEP MOA; and 

10.1.3. 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 

10.1.2. 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 of Controlled 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 10 .1. of this Article. 

1 0.4. Prior to authorizing the release of Controlled Unclassified Information to Contractors, the 

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

accordance with the provisions of this Article. 

37 
ARTICLE XI 

VISITS TO ESTABLISHMENTS 

11.1. Each Party shall permit visits to its Government establishments, agencies and 

laboratories, Test Facilities, and Contractor industrial facilities by employees of the other 

Party or by employees of the 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. 

11.2. 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 of this TEP MOA. 

11.3. Requests for visits by personnel of one Party to a facility of the other Party shall be 

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

procedures of the hosting Party. Requests for visits shall bear the name of this TEP 

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

11.4. Lists of personnel of each Party required to visit, on a continuing basis, facilities of the 

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

international visit procedures. 

38 
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 

the General Security Agreement. 

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

Classified Information shall bear the level of classification 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) of this 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 of the details of any such occurrence, and 

of the final results of the investigation and of the 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 10.2. of Section X 

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

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

39 
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 of downgrading 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 of the Party that awards a classified Contract shall assume responsibility for 

administering within its territory security measures for the protection of the Classified 

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

release to a Contractor, Prospective Contractor, or subcontractor of any 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 

of their obligations to protect the Classified Information in accordance with 

national security laws and regulations and the provisions of this 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 of the 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 of nationals or entities 

of a 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 of a 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 

40 
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. 

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

may be classified as high as SECRET. However, Information exchanged or generated 

pursuant to a TEP Activity may, on a case-by-case basis, be classified as high as TOP 

SECRET if such exchange is sufficiently justified and processed and approved in 

accordance with the national disclosure policies and procedures of the Parties. The 

classification of the existence of any P A, E&MT A, or WG and its contents shall be stated 

in that P A, E&MTA, or WG TOR. 

12.11. The existence ofthis TEP MOA is unclassified and its contents are unclassified. 

41 
ARTICLE XIII 

THIRD PARTY SALES AND TRANSFERS 

13.1. Except to the extent permitted in paragraphs 13.2. and 13.3. of this 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 of the Government of the other Party. Furthermore, neither Party shall 

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

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

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

that it shall: 

13 .1.1. Not retransfer, or permit the further retransfer 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 of that TEP 

Activity. 

13 .2. In the case of an RUTF P A, 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 of the other Party, and whose generation, test, or evaluation has not relied on 

the use of Equipment and Material of the other Party. 

13.3. Both Parties in CTE PAs and E&MT As 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 of that Party's work allocation under Article III (Scope of Work) 

of a PA or E&MTA; 

13.3 .2. That does not include any Foreground or Background Information of the other 

Party; and 

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

Material of the 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 of to a Third Party is within the 

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

immediate attention of the other Party's P A PO or E&MTA point of contact. The Parties 

shall resolve the matter prior to any sale or other transfer of such Foreground Information 

42 
(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 of the Government of the Party that 

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

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

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

without the prior written consent of the Government of the 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. 

43 
ARTICLE XIV 

LIABILITY AND CLAIMS 

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

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

shall apply: 

14.1.1. For the armed forces and its civilian components, claims against any Party or its 

personnel shall be dealt with in accordance with the terms of Article VIII of the 

NATO SOFA. 

14.1.2. When NATO SOFA is not applicable, the following provisions shall apply: 

14.1.2.1. With the exception of the claims for loss of or damage to Equipment 

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

Material Transfers) ofthis 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, if the Parties mutually determine 

that such injury, death, damage, or loss results from 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. 

14.1.2.2. Claims from any other persons for injury, death, damage, or loss of 

any kind caused by one of the 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 nonfinancial contributions as specified in the relevant CTE P A from which 

the claim arose. For such claims resulting from an E&MTA or RUTF 

P A, the Parties shall consult and mutually determine an equitable 

sharing of the Cost of such claims. However, if the 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 P A under this TEP MOA for the work for which the jointly acquired Equipment and 

Material was obtained. 

44 
14.3. Claims arising under any Contract awarded under a PA under this TEP MOA shall be 

resolved in accordance with the conditions of that Contract. 

14.4. Employees and agents of Contractors are not considered civilian personnel of a Party for 

the purposes of this Article. 

45 
ARTICLE XV 

CUSTOMS DUTIES, TAXES, AND SIMILAR CHARGES 

15 .1. 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 of the work carried out pursuant to any TEP Activity under this TEP 

MOA. If any 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. 

46 
ARTICLE XVI 

SETTLEMENT OF DISPUTES 

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

47 
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. 

48 
ARTICLE XVIII 

GENERAL PROVISIONS 

18.1 This MOA is not intended to conflict with the national laws of the Parties, nor with treaties 

that might apply to either or both Parties. In the event of conflict between this MOA and the 

national law or a treaty of a Party, the national law or treaty of the Party prevail. 

49 
ARTICLE XIX 

AMENDMENT, TERMINATION, ENTRY INTO EFFECT, AND DURATION 

19 .1. All TEP Activities of the Parties under this TEP MOA shall be carried out in accordance 

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

control laws and regulations. The obligations of the Parties shall be subject to the 

availability of funds for such purposes. 

19 .2. In the event of a 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, including its Annexes, or any PA or E&MTA under this TEP MOA may 

be amended by the mutual written consent of the Parties. 

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

MOA may be amended by the written approval of the 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 

or E&MT A under this TEP MOA may be terminated at any time by the mutual written 

consent of the Parties. In the event the Parties consent to terminate this TEP MOA, or 

any P A, E&MTA, or WG TOR under this TEP MOA, the Parties shall consult prior to 

the date of termination to ensure termination in the most economical and equitable 

manner. Termination ofthis TEP MOA shall result in the termination of all TEP 

Activities, including all PAs, E&MTAs, 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 of termination; 

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 or E&MTA under this TEP MOA. For Contracts awarded on behalf of both 

Parties to a CTE P A, 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. In no event, however, shall a 

50 
terminating Party's total financial contribution, including Contract termination 

costs, exceed that Party's total financial contribution for the PA being 

terminated, subject to the provisions of subparagraphs 14.1.2.1. and 14.1.2.2. of 

this TEP MOA; 

19.5 .3. All Information and rights therein received under the provisions of this TEP 

MOA or TEP Activity prior to termination of this TEP MOA shall be retained 

by the Parties, subject to the provisions of this TEP MOA and its TEP 

Activities; 

19.5 .4. Additional P A or E&MT A termination provisions consistent with this Article 

may be established in a PA or an E&MTA under.this TEP MOA; an~h 

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 of the Parties regarding Article VIII (Equipment 

and Material Transfer), Article IX (Disclosure and Use oflnformation), 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 Effect, and 

Duration) of this 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 of an Introduction, nineteen (19) Articles, and five (5) 

Annexes, shall enter into effect upon signature by both Parties, and shall remain in effect 

for twenty-five (25) years. It may be extended by written agreement of the Parties. 

51 
The foregoing TEP MOA represents the understandings reached between the Department of 

Defense of the United States of America and the Ministry of Defence of the Kingdom ofNorway 

upon the matters referred to herein. 

Signed in duplicate, in the English language. 

FOR THE DEPARTMENT OF DEFENSE 

OF THE UNITED STATES OF AMERICA 

J. Michael Gilmore 

Name 

Director, Operational Test and 

Evaluation 

Title 

DEC 2 2 2014 

Date 

Washington, DC 

Location 

•· 

52 
The foregoing TEP MOA represents the understandings reached between the Department of 

Defense ofthe United States of America and the Ministry of Defence of the Kingdom ofNorway 

upon the matters referred to herein. 

Signed in duplicate, in the English language. 

FOR THE MINISTRY OF DEFENCE OF 

THE KINGDOM OF NORWAY 

Signature 

Morten Tiller 

Name 

Deputy Secretary General 

National Armaments Director 

Title 

'1tj40/. 20/~r Date 

Oslo 

Location 

53 
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 STATES OF AMERICA 

AND 

THE MINISTRY OF DEFENCE OF THE KINGDOM OF NORWAY 

FOR 

TEST AND EVALUATION PROGRAM (TEP) COOPERATION 

CONCERNING 

(Full name of project) 

(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 for Army, AF for Air Force, DAfor DARPA, 

etc.; YYYY is the calendar year, and NNNN is a sequential number. 

A-1 
TABLE OF CONTENTS 

PREAMBLE 

ARTICLE 

II DEFINITIONS AND ABBREVIATIONS (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 TRANSFERS (optional) 

XI SPECIAL PROVISIONS 

XII ENTRY INTO EFFECT, DURATION, AND TERMINATION 

APPENDIX 1 COST ESTIMATE MODEL 

2 
PREAMBLE 

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

to the Memorandum of Agreement (MOA) between the Department of Defense of the United 

States of America (U.S. DoD) and the Ministry of Defence of the Kingdom ofNorway (NO 

MOD) concerning Test and Evaluation Program (TEP) Cooperation, which entered into effect on 

___ (insert entry into effect date of the TEP MOA) and remains in effect through 

____ , the provisions of which 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 defined in the TEP MOA. Abbreviations and acronyms shall be noted after first 

use within the body of the RUTF PA. 

The following definitions from the TEP MOA are repeated here for ease of reference, as they are 

particularly pertinent to this RUTF P A: 

Project Closure Report 

Test 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. 

The final report of the test agency documenting results of data 

gathering and analysis, achievement of the test objectives, 

conclusions, and recommendations. 

ARTICLE II 

TEST AND EVALUATION (T &E) OBJECTIVES 

2.1. The objectives of this ____ RUTF P A are to (evaluate, validate, verify, certify, 

etc.) _____ _ 

3 
ARTICLE III 

SCOPE OF WORK 

3.1. Test Description: 

(Include any Customer Party and Performing Party-provided test personnel, Equipment and 

Material, or other assistance in this Article, and provide the applicable details in the RUTF 

PA.) 

3 .1.1. System under test shall be exposed to (provide adequate general detail) 

3.1.2. 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 for preparation of the 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 IV 

ESTIMATED TEST SCHEDULE 

(Note: Procedural details ofthe test plan may be described in a separate document.) 

4.1. Day/Week/Month 1 (dates): 

4.1.1. (List of activities to occur) 

4.2. Day/Week/Month 1 (dates): 

4.2.1. (List of activities to occur) 

4 
4.3. Day/Week/Month 1 (dates): 

4.3.1. (List of activities to occur) 

4.4. The dates and duration of the test are subject to change, within the stated duration of this 

PA, by the Performing Party or Customer Party. The Customer Party and Performing 

Party shall keep each other, and their respective MAs informed of potential 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 of this P A. 

ARTICLEV 

MANAGEMENT 

5.1. The Project Officers (POs) and Financial Officers are: 

U.S. DoD PO Title/Position ------------------- Organization 

Mail Address _________ _ 

Phone and Fax ------------------ Email ------------------------

U.S. DoD Financial Officer Title/Position ------------------- Organization 

Mail Address ------------------- Phone and Fax ------------------ Email ------------------------

NO MOD PO Title/Position ------------------- Organization 

Mail Address ----------------- Phone and Fax ----------------- Email ------------------------

NO MOD Financial Officer Title/Position ------------------- Organization 

Mail Address ------------------- Phone and Fax ------------------ Email ------------------------

5.2. Project offices shall be established in (name of NO location if applicable), 

and in (name of U.S. location if applicable). The POs are responsible for 

5 
management of those 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)) of the TEP MOA. 

5.3.1. 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) of the TEP MOA: 

5.3 .1.1. 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 of the test site, 

Equipment and Material, and publications. 

5.3.1.3. 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 PA. 

ARTICLE VI 

FINANCIAL PROVISIONS 

Drafting guidance: Mention only Costs designated for the Customer Party. 

6.1. The Cost estimate for performance of the tasks under this PAis (insert 

amount in the currency of the Peiforming Party) at (insert date). The cost 

estimate shall follow the model described in Appendix 1 (Cost Estimate Model) to this 

PA. 

6.2. In no event shall the Performing Party exceed this Cost estimate without the prior written 

consent of the Customer Party. If the Performing Party has reason to believe that this 

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 of the test requiring payment of the 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 of this RUTF PA.) 

6.4. The Performing Party shall provide a final statement of account to the Customer Party 

that details the actual Costs incurred and payments received from the Customer Party. 

After completing review of the 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 P A. 

6.5. Financial points of contact for the Performing Party shall provide all financial details for 

payment no later than thirty (30) days prior to the commencement of the test. Requests 

for payment shall contain the following information: 

Date 

PANumber 

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 this TEP MOA. Such "special" Contract provisions must be in accordance 

with the terms and provisions of the TEP MOA and this RUTF PA. 

If this RUTF PA does not involve any Contracting, this Article shall be marked as "Not Applicable to 

this RUTF PA". 

ARTICLE VIII 

LEVEL OF CLASSIFICATION 

7 
Drafting guidance: Select one of the following possibilities for paragraph 8.1.: 

8.1. No Classified Information shall be exchanged under this RUTF P A. 

8.1. The highest level of Classified Information exchanged under this RUTF P A is 

Confidential. 

8.1. The highest level of Classified Information exchanged under this RUTF P A is Secret. 

8.1. The highest level of Classified Information exchanged under this RUTF PAis Top 

Secret. 

8.2. The existence of this RUTF PAis [insert classification} and its contents are [insert 

classification]. 

ARTICLE IX 

PRINCIPAL ORGANIZATIONS INVOLVED 

Drafting guidance: List the Test Facilities and other organizations of the Customer and Performing 

Parties. 

8 
ARTICLE X 

EQUIPMENT AND MATERIAL TRANSFER 

Drafting guidance: If the PA does not involve any Equipment and Material transfers, this Article shall 

be marked "NOT APPLICABLE TO THIS RUTF PA", and the remaining paragraphs of this Article 

shall be deleted 

10.1. Both Parties have determined that the exchange of Equipment and Material is necessary 

for purposes of this RUTF P A. 

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 maiiJ.tained by the 

POs in the format below. 

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 of the replacement value at the time of 

the transfer. 

9 
ARTICLE XI 

SPECIAL PROVISIONS 

11.1. All TEP Activities under this RUTF PA shall be carried out in accordance with both the 

Performing Party's and Customer Party's respectiv~ 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 of this RUTF PA 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. 

11.2. U.S. export-controlled Information to be provided to the NO MOD 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 NO MOD. 

11.3. 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 of the Information. 

ARTICLE XII 

AMENDMENT, TERMINATION, ENTRY INTO EFFECT, AND DURATION 

12.1. This RUTF PA pursuant to the Memorandum of Agreement between 

the Department of Defense of the United States of America and the Ministry of Defence 

of the Kingdom ofNorway Concerning Test and Evaluation Program (TEP) Cooperation, 

which entered into effect (insert entry into effect date of the TEP MOA), shall enter into 

effect upon signature of both Parties, and shall remain in effect for __ years, unless 

mutually terminated by the Parties. It may be extended by the written mutual 

determination of the Parties. 

10 
INSERT RUTF PROJECT AGREEMENT 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 

11 

FOR THE MINISTRY OF DEFENCE OF 

THE KINGDOM OF NORWAY 

Signature 

Name 

Title 

Date 

Location 
APPENDIX 1-COST ESTIMATE MODEL 

COST ESTIMATE FOR THE (Name of Test) 

RUTF PAID# (Insert RUTF PA Number) ... Test Period (Insert Date) 

Task Description/Service Labor Facility Materials 

Use 

DIRECT COSTS 

1 Test Planning 

2 Test Article Safety Inspection 

3 Test Preparation & Setup 

4 Flight Time & Flight Support 

5 Range Firings 

6 Ground Support (Telemetry & 

Communications) 

7 Toxic Fumes Test 

8 Human Factors Evaluation 

9 Technical I Review Meetings 

10 Secure Storage 

11 Supplies & 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 and procedures. 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 of particular 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 STATES OF AMERICA 

AND 

THE MINISTRY OF DEFENCE OF THE KINGDOM OF NORWAY 

FOR 

TEST AND EVALUATION PROGRAM (TEP) COOPERATION 

CONCERNING 

(Full name of project) 

(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 for Army, AF for Air Force, DAfor DARPA, 

etc.; YYYY is the calendar year, and NNNN is a sequential number. 

B-1 
TABLE OF CONTENTS 

ARTICLE PAGE 

PREAMBLE 

I 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 TRANSFERS (optional) 

XII SPECIAL PROVISIONS 

XIII ENTRY INTO EFFECT, DURATION, AND TERMINATION 

B-2 
PREAMBLE 

This Cooperative Test and Evaluation (CTE) Project Agreement (PA) is entered into pursuant to 

the Memorandum of Agreement (MOA) between the Department of Defense of the United States 

of America (U.S. DoD) and the Ministry of Defence of the Kingdom of Norway (NO MOD) 

concerning Test and Evaluation Program (TEP) Cooperation, which entered into effect on 

___ (insert entry into effect date of the TEP MOA) and remains in effect through 

____ , the provisions of which 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 

he noted after first use within the body of the CTE PA. 

Note to Project Officers (POs): The following definitions from the TEP MOA are repeated here 

for ease of reference, as they are particularly pertinent to this CTE P A: 

Project Closure Report 

Test Report 

A short report written by the Parties' POs for the Party's 

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. 

The final report of the test agency documenting results of data 

gathering and analysis, achievement ofthe test objectives, 

conclusions, and recommendations. 

ARTICLE II 

TEST AND EVALUATION OBJECTIVES 

2.1. The objectives of this ____ CTE PA are: 

2.1.1. To determine the ----------------------------------

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 P A: 

3.1.1. Develop----------------

3 .1.2. Evaluate ; and ----------------

3.1.3. Design, fabricate, and test------------------

ARTICLE IV 

SHARING OF TASKS AND ESTIMATED TEST SCHEDULE 

(If breakdown 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 NO MOD shall: ----------------

4.1.3. The U.S. DoD and the NO MOD shall jointly: ________________ _ 

4.2. Breakdown of schedule (optional): 

(Describe in general the timeline for conduct of activity for this Project. Show phases, _ 

milestones and/or decision points, but specific details can be worked out by the POs during 

development of the Project Plan.) 

4.3. The dates and duration of the test are subject to change by mutual agreement of the 

Parties. The Parties shall keep each other, and their respective Management Agents 

(MAs), informed of potential 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 of this CTE P A. 

B-4 
ARTICLEV 

MANAGEMENT 

Drafting guidance: IdentifY the Project Steering Committee Chairs. Note: If it is intended that 

either Party shall contract on behalf of the 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 (if necessary): 

U.S. DoD SC Chair Title/Position --------------------

Organization 

NO MOD SC Chair Title/Position --------------------

Organization 

5.2. The Project Officers (POs) are: 

U.S. DoD PO Name 

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

Organization 

Phone 

Email 

NO MOD PO Name 

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

Organization 

Phone 

Email 

5.3. Project offices shall be established in (name of U.S. location if applicable), 

and in (name of NO location if applicable). The SC/POs are responsible for 

management of those tasks listed as national responsibilities in Article IV (Sharing of 

Tasks and Estimated Test Schedule) ofthis CTE PA. 

B-5 
5.4. Particular Management Procedures: 

Drafting guidance: Mention only those additional management responsibilities not covered 

under Article IV (Management (Organization and Responsibility)) of the TEP MOA. 

Include frequency of SC meetings, etc. At least an initial SC meeting is recommended for all 

complex CTE PAs (e.g., in effect longer than three (3) years or involving more than $3 million 

per Party). 

For instance, if a CTE PA shall be administered by one international Project office staffed by 

members from 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 normal practice. A Parent Party's 

assigned CPP shall be subject to the normal procedures and regulations of the Host Party. 

Provisions for the CPP provided are described in Annex C (Cooperative Project Personnel 

(CPP)), Appendix 1 (CPP Position Description), and Appendix 2 (Certification of CPP 

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 ofWork), Article IV (Sharing of Tasks and Estimated Test 

Schedule), and Article VIII (Contracting Provisions) of this CTE P A shall be subject to 

amendment to this CTE P A or signature of a new P A. 

6.2. The Cost of performance of the tasks under this CTE PA shall not exceed ____ U.S. 

dollars or NO kroner. 

Drafting guidance: If a CTE PA shall involve the assignment of Cooperative Project Personnel (CPP), 

the PA shall include a provision that refers to paragraphs 5.8. of Article V (Financial Provisions) of 

the TEP MOA, identifies the Parent Party and Host Party, and specifies the number of CPP to be 

assigned. In addition, the CTE PA shall include the amount of financial and non-financial 

contribution related to CPP in one of the two alternatives below in this Article. 

Drafting guidance for Alternative 1: If a CTE PA shall not involve one Party Contracting for the 

other, and no funds shall be exchanged between the Parties, use the following format for the financial 

agreements. Both financial and non-financial contributions should be included in the total Costs. 

Alternative 1 

6.3. Each Party's total Costs for this Project are: 

B-6 
6.3.1. The U.S. DoD tasks shall not Cost more than U.S. dollars. ----

6.3.2. The NO MOD tasks shall not Cost more than _____ NO kroner. 

Or: 

Drafting guidance for Alternative 2: If a CTE PA shall involve one Party Contracting for the 

other Party, or if the Parties shall transfer or exchange funds between them, use the following 

format for the financial agreements. 

Using the 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 of equipment, 

Background Information, or use of Test Facilities etc.), and identify the amount of funds to be 

transferred between the Parties, as well as the rate of currency exchange. 

Alternative 2 

(Cost of performance includes Financial and Non-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 Year 5 Total Total in 

USD 

U.S. DoD 

(USD) 

NO MOD 

(NOK) 

TOTAL IN 

USD 

Drafting guidance for Alternative 2: A Financial Management Procedures Document (FMPD) shall 

be developed by the POs and submitted to the SC for approval if funds are transferred between the 

Parties. The FMPD should include, at a minimum, financial points of contact for both Parties, 

schedule, handling, funding levels by year, auditing procedures for monetary contributions anticipated 

for the CTE PA, and any approval authorization procedures for the expenditure of funds. 

ARTICLE VII 

TECHNICAL DATA EXCHANGE 

Drafting guidance: Describe the technical data exchange anticipated for each of the major 

technologies required to effect those tests. 

B-7 
ARTICLE VIII 

CONTRACTING PROVISIONS (OPTIONAL) 

Drafting guidance: Insert any special Contract provisions that are needed to supplement the standard 

provisions contained in the TEP MOA. Consider specific program requirements including 

manufacturing Information, manner of software delivery, etc. 

If the CTE PA does not involve any Contracting, this Article shall be marked "NOT APPLICABLE TO 

THIS CTE PA ". 

ARTICLE IX 

LEVEL OF CLASSIFICATION 

Drafting guidance: Select one of the following possibilities for paragraph 9.1.: 

9.1. No Classified Information shall be exchanged under this CTE PA. 

9 .1. The highest level of Classified Information exchanged under this CTE P A is 

Confidential. 

9 .1. The highest level of Classified Information exchanged under this CTE P A is Secret. 

9 .1. The highest level of Classified Information exchanged under this CTE P A is Top Secret. 

9 .2. The existence of this CTE P A is {insert classification} and its contents are [insert 

classification}. 

ARTICLE X 

PRINCIPAL ORGANIZATIONS INVOLVED 

Drafting guidance: List the organizations and facilities of the Parties. 

B-8 
ARTICLE XI 

EQUIPMENT AND MATERIAL TRANSFER (OPTIONAL) 

Drafting guidance: If the CTE PA does not involve any Equipment and Material transfers, this Article 

shall be marked as "NOT APPLICABLE TO THIS CTE PA" and the remaining paragraphs deleted. 

11.1. The Parties have determined that the exchange of Equipment and Material is necessary 

for purposes of this CTE P A. The POs shall identify and maintain a list of all Equipment 

and Material to be exchanged in the table below.* 

*Drafting guidance: Equipment and Material that cannot be identified at the time of CTE PA 

signature shall be documented, when identified, in a list to be developed and maintained by the POs in 

the format below. 

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 of the replacement value at the time of 

the transfer. 

NOTES: 

1. If jointly acquired Equipment and Material is an aspect of the cooperative effort under the 

CTE PA, provisions for the disposal of such jointly acquired Equipment and Material must be 

included in the CTE PA. 

B-9 
ARTICLE XII 

SPECIAL PROVISIONS 

12.1. All activities of the Parties under this CTE P A 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 of this CTE PA or the TEP MOA. 

Drafting guidance: In the event a Project Security Instruction and Classification Guide is not 

required for 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 NO MOD under this CTE 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 notified by the U.S. DoD to the NO MOD. 

12.3. NO export-controlled Information to be provided to the U.S. DoD under this CTE PA 

shall be marked as notified by the NO MOD to the U.S. DoD. 

12.4. 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 of the Information. 

ARTICLE XIII 

AMENDMENT, TERMINATION, ENTRY INTO EFFECT, AND DURATION 

13 .1. This Cooperative Test and Evaluation (CTE) Project Agreement 

established pursuant to the Memorandum of Agreement between Department of Defense 

of the United States of America and the Ministry of Defence of the Kingdom ofNorway 

Concerning Test and Evaluation Program (TEP) Cooperation, which entered into effect 

on (insert effective date of the TEP MOA), and shall remain in effect through 

____ :, shall enter into effect upon signature of both Parties and shall remain in 

effect for __ years/months unless terminated by the Parties. It may be extended by the 

written mutual determination of the Parties. Any outstanding financial contributions up 

to the date of termination or expiration shall be paid prior to termination or expiration of 

this CTE PA. 

B-10 
INSERT CTE PROJECT AGREEMENT 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 

B-11 

FOR THE MINISTRY OF DEFENCE OF 

THE KINGDOM OF NORWAY 

Signature 

Name 

Title 

Date 

Location 
ANNEX C- MODEL 

COOPERATIVE PROJECT PERSONNEL (CPP) 

1. Purpose and Scope 

1.1. This Annex to the Memorandum of Agreement (MOA) between the Department 

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

Defence of the Kingdom ofNorway (NO MOD) Concerning Test and Evaluation 

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

into effect date of the MOA) and remains in effect through , the 

provisions of which are hereby incorporated by reference, establishes the 

provisions that shall govern the conduct of Cooperative Project Personnel (CPP). 

The Parent Party shall assign military members or civilian employees to the Test 

Facility or other office of the Host Party in accordance with Article IV 

(Management (Organization and Responsibility)) of the TEP MOA and this 

Annex. CPP must be able to perform all the responsibilities assigned to them 

under the TEP MOA and the relevant P A. Commencement of assignments 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 of tour for the positions at the time of initial 

assignment. 

1.2. CPP shall be assigned to the Project establishment of the Host Party for P A 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 1 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 of the Parent Party. CPP may act from time to time on behalf 

of their respective PO or SC member if the 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 of the 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 III 

C-1 
(Scope of Work) of the 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 of the 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 of the Host Party or other office or facility are aware 

of, and comply with, applicable laws and regulations, as well as with the 

requirements of Article 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 

Effect, and Duration) of the TEP MOA and the provisions of the applicable PSI 

and CG. Prior to commencing assigned duties, CPP shall sign a certification 

concerning the conditions and responsibilities of CPP, in accordat.lce 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 of the 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) of the 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) 

of the 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 of the Host Party 

regarding entitlements, privileges, and obligations such as: 

3 .2.1. Any medical and dental care that 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 

of applicable 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 of obtaining 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 

of private 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: 

3.3.1. Working hours, including holiday schedules; 

3.3 .2. Leave authorization, consistent to the extent possible with the military and 

civilian personnel regulations and practices of the Host Party and Parent Party; 

3.3 .3. Dress regulations, consistent to the extent possible with the military and 

civilian personnel regulations and practices of the 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 of the Government of the 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 of offenses 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: 

3.5.1. Areas of political 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; or 

3.5.2. Deployments in non-direct hostility situations, such as United Nations 

peacekeeping or multinational operations, or operations in third countries; or 

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 of the other Party, shall, to 

the extent that they are so qualified, be members of a "Force" and "civilian 

component," respectively, within the meaning of the applicable bilateral 

agreements with that Party or applicable national legislation. Employees and 

agents of Contractors do not constitute a civilian component for the purposes of 

this paragraph. 

3. 7 The provisions of the NATO SOFA regarding the rights of a sending state's 

military personnel and civilian employees and their respective dependents shall 

apply to CPP. 

C-5 
APPENDIX 1 TOANNEXC 

COOPERATIVE PROJECT PERSONNEL POSITION DESCRIPTION 

1. Position: 

a. Title: Cooperative Project Personnel (CPP) to the ________ Cooperative 

Test & 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 staff and/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 P A tasks and responsibilities as mutually determined by the CTE P A Project Officers 

(POs). 

5. General categories of Information to which access shall be required: (Insert appropriate 

categories of Information 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 of the 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 of forthcoming trials, tests and 

Project reviews.); 

e. Attend respective Project reviews and provide a summary report of CTE P A activities 

as required; 

C-6 
f. In support of the P A, advise the PO on respective national procurement and fielding 

policy, support, and logistics doctrine and organization; and 

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): 

(1) 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 (10) days of the conclusion of 

the meeting; 

( 4) Provide written briefs on the CTE P A activities to PO every six weeks; 

(5) Coordinate with key stakeholders, as required, so as to ensure timely progress; 

( 6) Attend CTE P A meetings and provide administrative support where necessary; 

and 

(7) Brief progress on the CTE P A 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 & Evaluation (CTE) Project 

Agreement (PA) [insert number and name of respective CTE PA] is entered into pursuant to the 

Memorandum of Agreement (MOA) between the Department of Defense of the United States of 

America (U.S. DoD) and the Ministry of Defence of the Kingdom ofNorway (NO MOD) 

concerning Test and Evaluation Program (TEP) Cooperation, which entered into effect on 

___ (insert entry into effect date of the TEP MOA) and remains in effect 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 P A identified in paragraph 

1, 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 P A to 

which I am assigned, as determined by my supervisor and the Project Officer of the [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 of the TEP MOA. 

5. When dealing with individuals outside of my immediate office of assignment 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 

of the 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 of my assignment) of Intellectual 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 P A 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 of this assigmnent. 

Signature 

Name 

Title 

Date 

C-9 
ANNEX D- MODEL 

EQUIPMENT AND MATERIAL TRANSFER AGREEMENT (E&MTA) 

E&MTA NUMBER (E&MTA-:XXXX) 

UNDER THE MEMORANDUM OF AGREEMENT BETWEEN 

THE DEPARTMENT OF DEFENSE OF THE UNITED STATES OF AMERICA 

AND 

THE MINISTRY OF DEFENCE OF THE KINGDOM OF NORWAY 

FOR 

TEST AND EVALUATION PROGRAM (TEP) COOPERATION 

CONCERNING THE TRANSFER OF 

(Insert brief description of Equipment and Material to be transferred) 

D-1 
PREAMBLE 

This Equipment and Material Transfer Agreement (E&MTA) is entered into pursuant to the 

Memorandum of Agreement (MOA) between the Department of Defense of the United States of 

America (U.S. DoD) and the Ministry of Defence of the Kingdom of Norway (NO MOD) 

Concerning Test and Evaluation Program (TEP) Cooperation, which entered into effect on 

___ (insert entry into effect date of the TEP MOA) and remains in effect through 

_____ ,, the provisions of which are hereby incorporated by reference. This E&MT A is 

being executed by authorized representatives of the Parties pursuant to Article VIII (Equipment 

and Material Transfers) of this TEP MOA. 

ARTICLE I 

DESCRIPTION AND QUANTITY 

1.1. The following Equipment and Material shall be transferred by the providing Party to the 

receiving Party: 

Consumable/ *Estimated 

Providing Receiving Part/ Non-Consumable Transfer Security Replacement 

Party Party Qty Description Stock# Period Classification Value 

* Estimated Replacement Value is a good faith estimate of the replacement value at the time of 

the loan. 

(Fill in as appropriate) 

1.2. (Choose one of the following alternatives, or use both if both situations apply.) 

Alternative A: Use when return of Equipment and Material is planned. 

1.2 The Equipment and Material identified in paragraph 1.1. of this Article is not intended to 

be consumed or expended during the course of the activities described in subparagraph 

2.1.1. of Article II (Purpose) of this E&MTA. Whenever Equipment and Material 

includes computer software, the receiving Party shall, at the end of the loan period, 

remove such computer software from all computers and host systems of the receiving 

Party. 

Alternative B: Use when return of Equipment and Material is not planned due to its 

consumption during the activity. 

D-2 
1.2. The Equipment and Material described in paragraph 1.1. of this Article is intended to be 

consumed or expended during the course of the activities described in subparagraph 

2.1.1. of Article II (Purpose) of this E&MT A. 

ARTICLE II 

PURPOSE 

2.1. The purpose of this E&MTA is to support the following activities: 

2.1.1. (Fill in as appropriate) 

ARTICLE III 

MANAGEMENT AND RESPONSIBILITIES 

3 .1. Each Party shall designate a point of contact who shall be responsible for implementing 

thisE&MTA. 

Drafting guidance: Insert the appropriate names, title/office symbols, addresses, and 

telephone numbers of the individuals assigned to implement the E&MTA. 

3.1.1. For the providing Party, the (U.S. DoD or NO MOD) point of contact is: 

Name 

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

Organization -------------------

Phone 

Email 

3.1.2. For the receiving Party, the (U.S. DoD or NO MOD) point of contact is: 

Name 

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

Organization ------------------

Phone 

Email 

D-3 
3 .2. Responsibilities of the providing Party 

3.2.1. Transfer of the Equipment and Material. The providing Party shall transfer the 

Equipment and Material listed above for the duration of the transfer period 

specified in paragraph 6.4. of Article VI (Amendment, Termination, Entry into 

Effect, and Duration) of this E&MTA, unless extended by mutual written consent 

of the Parties. 

3.2.2. Equipment and Material Delivery. The providing Party shall deliver the 

Equipment and Material (specify agreements). Possession and responsibility for 

the Equipment and Material shall pass from the providing Party to the receiving 

Party at the time of receipt of the Equipment and Material at the mutually 

determined and specified location. Any further transportation is the responsibility 

of the receiving Party unless otherwise specified in this paragraph. 

3 .2.3. Information. The providing Party shall mark and furnish the receiving Party such 

Information as is necessary to enable the Equipment and Material to be used in 

the activities described in subparagraph 2.1.1. of Article II (Purpose) of this 

E&MTA in accordance with Article IX (Disclosure and Use of Information) of 

theTEPMOA. 

3.3. Responsibilities of the receiving Party 

3.3.1. Inspection and Inventory. The receiving Party shall inspect and inventory the 

Equipment and Material upon receipt. The receiving Party shall also inspect and 

inventory the Equipment and Material prior to its return to the providing Party, 

unless the Equipment and Material is consumed in accordance with subparagraph 

3.3.2. ofthis Article. 

3.3 .2. (Choose one of the following alternatives, or use both if both situations apply.) 

Alternative A: Use when return of Equipment and Material is planned. 

Return of Equipment and Material. Upon expiration or termination of the transfer period 

as specified in paragraph 6.4. of Article VI (Amendment, Termination, Entry into Effect, 

and Duration) of this E&MTA (taking into account any approved extensions by the 

Parties), the receiving Party shall return the Equipment and Material to the providing 

Party (specify agreements) in as good condition as received, normal wear and tear 

excepted, or return the Equipment and Material and pay the cost to restore it. Possession 

and responsibility for the Equipment and Material shall pass from the receiving Party to 

the providing Party at the time of receipt of the Equipment and Material at the mutually 

determined and specified location. If the Equipment and Material is lost, unintentionally 

destroyed, or damaged beyond economical repair while in the custody of the receiving 

Party, the receiving Party shall issue a certificate of loss/destruction/irreparable damage 

to the providing Party and pay the replacement value as computed pursuant to the 

D-4 
providing Party's national policies and procedures, in accordance with paragraph 8.4. of 

Article VIII (Equipment and Material Transfers) of the TEP MOA. 

Alternative B: Use when return of Equipment and Material is not planned due to its 

consumption during the activity. 

Consumption of Equipment and Material. It is intended that the receiving Party shall 

consume the Equipment and Material specified in paragraph 1.1. of Article I (Description 

and Quantity) of this E&MTA during the course of the activities described in 

subparagraph 2.1.1. of Article II (Purpose) of this E&MTA. If this does occur, the 

receiving Party shall provide written notice of its consumption to the providing Party. In 

the event consumption does not occur prior to the end of the transfer period specified in 

paragraph 6.4. of Article VI (Amendment, Termination, Entry into Effect, and Duration) 

of this E&MT A, the receiving Party shall return the Equipment and Material to the 

providing Party (specify agreements) in as good condition as received, normal wear and 

tear excepted, or return the Equipment and Material and pay the cost to restore it. 

Possession and responsibility for the Equipment and Material shall pass from the 

receiving Party to the providing Party at the time of receipt of the Equipment and 

Material at the mutually determined location specified. If the Equipment and Material is 

lost, unintentionally destroyed, or damaged beyond economical repair prior to its 

intended consumption while in the custody of the receiving Party, the receiving Party 

shall issue a certificate of loss/destruction/irreparable damage to the providing Party and 

pay the replacement value as computed pursuant to the providing Party's national policies 

and procedures in accordance with paragraph 8.4. of Article VIII (Equipment and 

Material Transfers) of the TEP MOA. 

3.4. A Test Report shall be provided free of charge by the receiving Party to the providing 

Party within __ days after the completion of the transfer period. 

3.5. This E&MT A provides only for transfer of Equipment and Material associated with the 

activities described in subparagraph 2.1.1. of Article II (Purpose) of this E&MT A. 

Signature of this E&MT A does not imply any commitment by a Party to participate in 

any activities beyond the E&MT A described herein. 

ARTICLE IV 

SPECIAL PROVISIONS (OPTIONAL) 

4.1. (Insert any special provisions as required.) 

D-5 
ARTICLEV 

CLASSIFICATION 

5.1. (Select one of the following 5.1.1. paragraphs.) 

5 .1.1. No classified Equipment and Material shall be transferred under this E&MT A. 

5.1.1. The highest level of classified Equipment and Material transferred under this 

E&MTA is Confidential. 

5.1.1. The highest level of classified Equipment and Material transferred under this 

E&MTA is Secret. 

5.1.1. The highest level of classified Equipment and Material transferred under this 

E&MTA is Top Secret. 

5.2. The existence of this E&MTA is [insert classification] and its contents are [insert 

classification]. 

ARTICLE VI 

AMENDMENT, TERMINATION, ENTRY INTO EFFECT, AND DURATION 

6.1. The provisions of this E&MTA may be modified or extended through amendment by 

written mutual consent of authorized representatives of the Parties in accordance with 

Article VIII (Equipment and Material Transfers) of the TEP MOA. 

6.2. The Equipment and Material Transfer described in this E&MT A may be terminated at 

any time in accordance with Article XIX (Amendment, Termination, Entry into Effect, 

and Duration) of the TEP MOA. 

6.3. Responsibilities regarding security and protection against unauthorized use, disclosure, or 

transfer that accrued prior to termination or expiration of the transfer period shall 

continue to apply without limit of time in accordance with Article XIX (Amendment, 

Termination, Entry into Effect, and Duration) of the TEP MOA. 

6.4. The transfer period for the Equipment and Material described herein begins on the date of 

the last signature below, unless terminated or extended, and shall remain in effect through 

__ (enter date or amount of time). 

D-6 
INSERT E&MTA NUMBER /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-7 

FOR THE MINISTRY OF DEFENCE OF 

THE KINGDOM OF NORWAY 

Signature 

Name 

Title 

Date 

Location 
ANNEX E- MODEL 

WORKING GROUP (WG) TERMS OF REFERENCE (TOR) 

FOR THE 

(Insert name of WG) WORKING GROUP (WG) 

(SHORT TITLE: ofWG) 

UNDERTHEAGREEMENTBETWEEN 

THE DEPARTMENT OF DEFENSE OF THE UNITED STATES OF AMERICA 

AND 

THE MINISTRY OF DEFENCE OF THE KINGDOM OF NORWAY 

FOR 

TEST AND EVALUATION PROGRAM (TEP) COOPERATION 

E-1 
1. Authority. Mandatory: The Memorandum of Agreement (MOA) between the Department 

of Defense of the United States of America (U.S. DoD) and the Ministry of Defence ofthe 

Kingdom of Norway (NO MOD) Concerning Test and Evaluation Program (TEP) Cooperation, 

which entered into effect on (insert entry into effect date of the TEP MOA) and remains 

in effect through , the provisions of which are hereby incorporated by reference, 

fosters collaboration in standardization, testing, evaluation, and interoperability, potentially 

leading to new or improved military capability. Paragraph 2.1. of Article II (Objectives) of the 

TEP MOA provides for the establishment of Working Groups (WGs). Information may be 

exchanged in WGs pursuant to subparagraph 3.3.3. of Article III (Scope of Work) of the TEP 

MOA. These Terms of Reference (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 of the WG. For example, "This WG will 

be established to harmonize T&E requirements, study feasibility of future cooperative TEP 

Activities, and report on specific T &E issues of mutual 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 of WG) will include study of the following areas: 

The (insert name of WG) will 

evaluate •.. ; 

monitor •.. ; 

identify ..• ; 

analyze •.• ; 

investigate •.• ; and 

facilitate ... 

. . . studies beneficial to the Parties. 

The (insert name of WG) will provide a framework for the exchange of Information, the 

identification of potential Project Agreements (PAs) or Equipment and Material Transfer 

Agreements (E&MTAs) relating to (name of specific weapon system, etc.), and the coordination 

of the Parties' requirements prior to the formal staffing of a potential P A or E&MT A. 

The purpose of the (insert name of WG) is to review respective (name specific weapon system, 

etc.) programs in order to identify mutually beneficial TEP Activities between the Parties. 

E-2 
Mandatory: Specific TEP Activities will be carried out in accordance with the TEP MOA and 

relevant PAs and E&MT As or other international agreements, subject to respective applicable 

national laws, regulations, and policies of the Parties. 

Mandatory: The (insert name of WG) is not intended to replace or inhibit activities under 

existing international agreements. 

4. Objectives: 

Provide details of the work to he accomplished under this TOR. 

Example follows: 

Information on research conducted by each Party in the area of (name specific technology) 

technology and its potential for (identify potential benefit) will be exchanged, and the potential 

for a PA or E&MT A carrying out a particular project ofT &E Activity will be discussed. 

Mandatory: The (insert name of WG) will not duplicate the activities of other organizations or 

agreements. 

Mandatory: The (insert name of WG) will deliver (insert type of deliverable 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, and phone 

number.) 

The (insert name of WG) consists of representatives from (organizations) as principals and 

other representatives and supporting subject matter experts from (organizations), as appropriate. 

Membership in the (insert name of WG) should be consistent with minimal tum-over of 

personnel. 

The importance of consultation 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 of a 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 of the meetings. Minutes 

E-3 
will be prepared and provided to (insert name of WG) 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 of the (insert name of WG) will be unanimous. 

Mandatory: The Management Agents will approve and sign this TOR. 

6. Exchange of Information: 

Mandatory: The (insert name of WG), along with its appropriate supporting subject matter 

experts, may exchange Information pertaining to (name area of discussion of the WG) activities 

in accordance with Article III (Scope) and Article IX (Disclosure and Use of Information) of the 

TEP MOA. Information will be provided without charge and will be used for information and 

evaluation purposes only. 

Mandatory if exchanging 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) of the TEP MOA apply. No Equipment and Material will be 

transferred under the auspices of the (insert name of WG). 

Mandatory: The (insert name of WG) 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 of the furnishing 

Party. 

Mandatory: The WGLRs will produce and maintain a list of Information exchanged under this 

WG. This list will include name of document, date of document, author, security classification 

and release restrictions, Cost and estimated value, country of origin, originating point of contact, 

use rights, receiving point of contact, 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 P A or E&MTA 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. 

E-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, transfer Equipment or Material, 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 of WG) will 

be pursued in accordance with the provisions of the TEP MOA. 

9. Effective Date: 

Mandatory: This TOR for the (insert name of WG) becomes effective on the date of the last 

signature below and remains in effect until (month day, year)[fill in before signature], unless 

terminated or extended. This TOR may be amended or extended by mutual written consent of 

the MAs. 

E-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 

E-6 

FOR THE MINISTRY OF DEFENCE OF 

THE KINGDOM OF NORWAY 

Signature 

Name 

Title 

Date 

Location