TREATIES AND OTHER INTERNATIONAL ACTS SERIES 15-422

________________________________________________________________________

DEFENSE

Cooperation

Memorandum of Understanding

Between the 

UNITED STATES OF AMERICA

and OTHER GOVERNMENTS

Signed at Washington, Australian Capital

Territory, London, Wellington, and Ottawa

April 17 and 22, May 11, June 5, and 

August 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.”
 

 MULTILATERAL

 Defense: Cooperation

Memorandum of understanding signed at Washington, 

 Australian Capital Territory, London, Wellington, and

 Ottawa April 17 and 22, May 11, June 5, and August 19, 2015;

Entered into force April 22, 2015.

With annexes.
MEMORANDUM OF UNDERSTANDING 

AMONG 

THE DEPARTMENT OF DEFENCE OF AUSTRALIA 

AND THE 

DEPARTMENT OF NATIONAL DEFENCE OF CANADA 

AND THE 

NEW ZEALAND DEFENCE FORCE 

AND THE 

SECRETARY OF STATE FOR DEFENCE OF THE UNITED KINGDOM 

OF GREAT BRITAIN AND NORTHERN IRELAND 

AND THE 

DEPARTMENT OF DEFENSE 

OF THE UNITED STATES OF AMERICA 

CONCERNING 

MULTINATIONAL TEST AND EVALUATION PROGRAM (TEP) COOPERATION 

(SHORT TITLE: MTEP MOU) 
INTRODUCTION 

SECTION I 

SECTION II 

SECTION III 

SECTION IV 

TABLE OF CONTENTS 

PAGE 

3 

DEFINITIONS 5 

OBJECTIVES 11 

SCOPE OF WORK 13 

MANAGEMENT (ORGANIZATION AND RESPONSIBILITY) 16 

SECTION V FINANCIAL PROVISIONS 22 

25 

28 

29 

32 

40 

41 

SECTION VI CONTRACTING PROVISIONS 

SECTION VII WORK SHARING 

SECTION VIII EQUIPMENT AND MATERIAL TRANSFERS 

SECTION IX DISCLOSURE AND USE OF INFORMATION 

SECTION X CONTROLLED UNCLASSIFIED INFORMATION 

SECTION XI VISITS TO ESTABLISHMENTS 

SECTION XII SECURITY 42 

SECTION XIII THIRD PARTY SALES AND TRANSFERS 45 

SECTION XIV LIABILITY AND CLAIMS 47 

SECTION XV CUSTOMS DUTIES, TAXES, AND SIMILAR CHARGES 49 

SECTION XVI SETTLEMENT OF DISPUTES 50 

SECTION XVII AMENDMENT, TERMINATION, WITHDRAWAL, ENTRY 

ANNEXA 

ANNEXB 

ANNEXC 

ANNEXD 

ANNEXE 

INTO EFFECT, AND DURATION 51 

MODEL RECIPROCAL USE OF TEST FACILITIES (RUTF) PA 59 

MODEL COOPERATIVE TEST AND EVALUATION (CTE) PA 76 

COOPERATIVE PROJECT PERSONNEL (CPP) 

Appendix 1 to Annex C -- Cooperative Project Personnel Position 

Description 

93 

Appendix 2 to Annex C -- Certification of Cooperative Project Personnel 

(CPP) Conditions and Responsibilities 

MODEL EQUIPMENT AND MATERIAL TRANSFER 

ARRANGEMENT (E&MTA) 102 

MODEL WORKING GROUP TERMS OF REFERENCE 115 
INTRODUCTION 

The Department of Defence of Australia (ADOD), the Department ofNational Defence of 

Canada (CA DND), the New Zealand Defence Force (NZDF), the Secretary of State for Defence 

of the United Kingdom of Great Britain and Northern Ireland (UK MOD), and the Department of 

Defense of the United States of America (U.S. DoD), hereinafter referred to as the 

"Participants": 

Recognizing the successful cooperation that has been accomplished by the Participants through 

the bilateral Test and Evaluation Program (TEP) Cooperation Memoranda of Understanding 

(MOUs) between the U.S. DoD and, respectively, the ADOD, theCA DND, and the UK MOD; 

Recognizing that the international Agreement between the Government of the United States of 

America and the Government of Australia Concerning Certain Mutual Defense Commitments 

(Chapeau Agreement), which entered into force on December 1, 1995, as amended December 1, 

2009, applies to this MTEP MOU; 

Recognizing that the international Agreement between the Government ofthe United States of 

America and the Government of Canada concerning the Establishment of Certain Mutual 

Defense Commitments (Chapeau Agreement), which entered into force on August 19, 1994, 

applies to this MTEP MOU; 

Recognizing that the international Agreement between the Government of the United States of 

America and the Government ofNew Zealand concerning the Establishment of Certain Defense 

Commitments (C~peau Agreement), which entered into force on July 16, 1996, applies to this 

MTEP MOU; and 

Recognizing that the international Agreement Concerning Defence Cooperation Arrangements 

between the Government of the United States of America and the Government of the United 

Kingdom of Great Britain and Northern Ireland (Chapeau Agreement), which entered into force 

on May 27, 1993, as amended June 1, 2007, applies to this MTEP MOU; 

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; 

Having independently conducted testing of the applications ofvarious technologies, and 

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

3 
Have reached the following understandings: 

4 
SECTION I 

DEFINITIONS AND ACRONYMS 

The Participants have jointly decided upon the following definitions of terms used in this MTEP 

MOU: 

Approval in Principle (AlP) The Participants' Management Agents' preliminary acceptance of a 

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

which would enable such Participants to enter into technical 

discussions to develop a Project Arrangement (P A) or Equipment 

and Material Transfer Arrangement (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. 

Computer Software Computer programs, source code, source code listings, design 

details, algorithms, processes, flow charts, formulae, and related 

materials that would enable the software to be reproduced, 

recreated, or recompiled. Computer Software does not include 

computer data bases or Computer Software documentation. 

Contract Any mutually binding legal relationship under national laws that 

obligates a Contractor to furnish supplies or services, and obligates 

one or more of the Participants to pay for them. 

Contracting The obtaining of supplies or services by Contract from sources 

outside the governmental organizations of the Participants. 

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 Participant that 

has authority to enter into, administer, or terminate Contracts. 

Contracting Officer A person representing a Contracting Agency of a Participant who 

has the authority to enter into, administer, or terminate Contracts. 

Contractor Any entity awarded a Contract by a Participant's Contracting 

Agency. 

5 
Contractor Support Personnel Persons specifically identified as providing administrative, 

managerial, scientific, or technical support services to a Participant 

under a support Contract. 

Contributing Participant 

Controlled Unclassified 

Information 

Cooperative Project 

Personnel (CPP) 

Cooperative Test & 

Evaluation (CTE) Project 

Arrangement (P A) 

Cost(s) 

Defense Purposes 

Designated Security 

Authority (DSA) 

Direct Cost 

Equipment and Material 

Equipment and Material 

6 

A Participant, other than a Performing Participant in a Reciprocal 

Use of Test Facilities Project Arrangement (RUTF PA), who 

contributes resources to a specific TEP Activity. 

Unclassified Information to which access or distribution limitations 

have been applied in accordance with applicable nationallaws.or 

regulations. It could include Information that has been declassified 

but remains controlled. 

Military members or civilian employees of a Parent Participant 

assigned to a Project at another Contributing Participant's facility 

who perform managerial, engineering, technical, administrative, 

Contracting, logistics, financial, planning, or other functions in 

furtherance of a Cooperative Test & Evaluation (CTE) PA. 

An implementing arrangement negotiated under this MTEP MOU 

that specifies the provisions for cooperation between or among two 

or more Contributing Participants, on an equitable basis, on a 

specific TEP Activity. 

Both Financial Cost(s) and Non-financial Cost(s) of a lEP Activity. 

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

armed forces of a Participant. 

The security authority designated by national authorities to be 

responsible for the coordination and implementation of national 

industrial security aspects of this MTEP MOU. 

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. Direct Costs may include Costs oflabor, materials, 

facilities, utilities, equipment, supplies, and other resources of the 

Test Facility that are consumed or damaged in connection with the 

use or the maintenance of the Test Facility. 

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 or among two or more 
Transfer (E&MT) 

Equipment and Material 

Transfer Arrangement 

(E&MTA) 

Exceptional Circumstances 

Financial Costs 

Fore ground Information 

Host Participant 

Indirect Cost 

Information 

Intellectual Property 

7 

Participants for use in a specific RUTF P A, CTE PA, or Equipment 

& Material Transfer Arrangement (E&MTA), with details of the 

transfer being embedded in the RUTF PA, CTE P A, or E&MT A. 

An implementing arrangement entered into under this MTEP MOU 

that specifically details the arrangement for an Equipment and 

Material Transfer (E&MT) between or among two or more 

Participants that is not part of a specific P A. 

Any circumstances that would require the Contracting Officer to act 

outside the Project Contract Requirements (PCR). 

Costs met with monetary contributions. 

Information generated in the performance of a specific TEP 

Activity. 

The Contributing Participant whose nation provides the facility 

where CPP are hosted. 

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

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

may include general and administrative expenses for such activities 

as supporting base operations, manufacturing, supervision, 

procurement of office supplies, and utilities that are accumulated 

Costs allocated among several users. 

Any knowledge provided to, generated in, or used in a TEP Activity 

under this MTEP MOU that can be communicated by any means, 

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

scientific, technical, business, or fmancial 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 April15, 

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

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

wrregistered trademarks (including service marks), registered and 

wrregistered designs, undisclosed Information (including trade 

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

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. 

Non-Contributing Participant A Participant to this MTEP MOU who is not contributing to a 

specific TEP Activity. 

Non-financial Costs Costs met with non-monetary contributions. 

Parent Participant The Contributing Participant that sends its CPP to a Project at 

another Contributing Participant's facility. 

Participant A signatory to this MTEP MOU represented by its military and 

civilian personnel. Contractors and Contractor Support Personnel 

will not be representatives of a Participant under this MTEP MOU. 

Patent 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. 

Performing Participant(s) The Participan1(s) providing a test service at, or use of, a Test 

Facility to Contributing Participant( s) under a RUTF P A, and 

receiving reimbursement from the Contributing Participant(s) for 

the Costs incurred. A Performing Participant is not a Contributing 

Participant under a RUTF P A because such test services, or Test 

Facility usage, are reimbursed. 

Project A TEP Activity undertaken by two or more Participants, conducted 

pursuant to a P A or E&MTA established under this MTEP MOU. 

Project Arrangement (P A) An implementing arrangement, established pursuant to this MTEP 

MOU, that specifies the collaboration on a Project between or 

8 
Project Closure Report 

Project Contract 

Requirements (PCR) 

Project Plan 

Prospective Contractor 

Reciprocal Use of Test 

Facilities (RUTF) PA 

Test and Evaluation (T &E) 

among Participants in that P A. 

A report written by the Performing Participant's PO for the 

Contributing and Performing Participants' Management Agents 

(MAs) at the end of a RUTF PA identifying Project completion, 

major benefits, deficiencies in completing the Project, and 

reconciliation of financials. 

Project management direction developed by the CTE P A Project 

Officer(s) (POs) and approved by the Steering Committee (SC) as 

part of the Project Plan for a CTE PAin accordance with Section IV 

(Management (Organization and Responsibility)) of this MTEP 

MOU, which is the basis for the Contracting Officer to negotiate, 

award, and manage Contracts. The PCR contains information that 

addresses the Participants' interests regarding technical 

requirements, Project objectives, and acquisition strategy. 

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 

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

solicitation involving the release of export-controlled Information, is 

eligible to receive such Information. 

An implementing arrangement under this MTEP MOU that 

specifies the Cost, schedule, and performance aspects of a test 

effort conducted by the Performing Participant's Test Facility for 

the Contributing Participant(s). 

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

analysis of that data for a specific purpose or application. 

Test and Evaluation Program A cooperative effort by some or all of the Participants to achieve 

(TEP) Activity the objectives in Section II (Objectives) and the work in Section 

III (Scope of Work) ofthis MTEP MOU. 

Test Facility 

Test Report 

Third Party 

9 

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 Participant, and any 
Working Group 

10 

person or other entity whose government is not the Government of a 

Participant. 

A TEP Activity established under the auspices of this MOU as a 

collaboration to harmonize the Participants' T&E requirements and 

exchange Information to determine the feasibility of further 

cooperation via a P A or E&MT A. 
SECTION II 

OBJECTIVES 

2.1. This MTEP MOU establishes a framework for implementing a program of cooperation 

on mutually determined topics and activities related to T &E. It prescribes the general 

provisions that will apply to the initiation, conduct, and management of TEP Activities 

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

Arrangements (E&MTAs), or Working Groups (WGs) between or among two or more 

Participants authorized in accordance with the national laws, regulations, and policies of 

the Participants. These PAs, E&MT As, and WGs will be entered into pursuant to this 

MTEP MOU and will incorporate by reference the provisions of this MTEP MOU. 

Additionally, this MTEP MOU will allow the exchange of Information for determining 

the feasibility ofTEP Activities and for the purpose of coordinating the Participants' 

defense requirements to assist in defining potential cooperative efforts under this MTEP 

MOU. 

2.2. The specific objectives of this MTEP MOU 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 among the Participants; 

2.2.5. conduct cooperative development of test capabilities, test procedures and 

methods, and test standards and criteria; 

2.2.6. promote defense T &E technology and cooperation among the Participants; and 

2.2.7. enhance capability and reduce overall Costs and risks for each of the 

Participants through the sharing of Information, including future defense 

requirements and current and future technological developments. 

2.3. Detailed provisions of each PA, E&MTA, and WG Terms of Reference (TOR) will be 

consistent with this MTEP MOU. Each PA, E&MTA, and WG TOR will include, as 

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

work, management structure, financial arrangements, and classification for the applicable 

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

Reciprocal Use ofTest Facilities (RUfF) PA), Annex B (Model Cooperative Test & 

Evaluation (CTE) P A), Annex D (Model Equipment and Material Transfer Arrangement 

II 
(E&MTA)), and Annex E (Model Working Group (WG) Terms ofReference (TOR)) to 

this MTEP MOU, to the extent applicable and practicable. 

2.4. The Participants intend to use their best efforts to accommodate testing requirements of 

the other Participants. Each Participant may, however, decline to conduct a proposed 

TEP Activity in its country on a case-by-case basis. 

2.5. This MfEP MOU does not preclude the Participants from entering into any other 

bilateral or multilateral agreements or arrangements. 

12 
SECTION III 

SCOPE OF WORK 

3 .1. The scope of work for this MTEP MOU will encompass collaboration in T &E, 

potentially leading to new and 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 CTE on systems of shared interest; 

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 oftesting criteria, standards, and procedures; 

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

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

limited to, doctrine, tactics, and operational requirements; 

3.1.7. transfer 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 Participant personnel to improve test capabilities and support the 

conduct of TEP Activities between or among the Participants. 

3.2. Activities under this MTEP MOU may be pursued by two or more Participants. The 

addition of a Participant to an existing P A or E&MTA will require amendment of that P A 

or E&MTA by the PA or E&MTA Participants. 

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

paragraph 3.1.: 

13 

3.3.1. TEP PAs: 

3.3 .1.1. RUTF P A: This type of P A will be established consistent with Annex A 

(Model Reciprocal Use of Test Facilities (RUTF) PA) to this MTEP MOU, to the 

extent applicable and practicable. Submission of a Project proposal by the 

Contributing Participant(s) to request AlP from the Performing Participant(s) will 
be required prior to negotiating a RUTF P A, to the extent applicable and 

practicable. 

3.3 .1.2. CTE P A: This type of P A will be established consistent with Annex B 

(Model Cooperative Test and Evaluation (CTE) PA) to this MTEP MOU, 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 

CTEPA. 

3.3.1.3. E&MTA: The Participants recognize that it may be necessary to transfer 

Equipment and Material for the purpose of implementing this MTEP MOU, but 

not for the purposes of a specific P A. In such cases, the Contributing Participants 

will enter into an E&MTA using the format set forth in Annex D (Model 

Equipment and Material Transfer Arrangement (E&MTA)) to this MTEP MOU, 

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 WGs under this MTEP MOU. This includes, but is not limited to, the 

exchange of defense-related T &E Information necessary to define and support 

cooperative activities, or Information exchanged during a familiarization visit 

while observing test-related activities. 

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

exchange Information to determine the feasibility of further cooperation via a P A 

or an E&MTA. WGs will be limited in scope to a well-defined area and will 

endeavor to assess the issue based on Information provided by the Participants in 

such a way as to arrive at a jointly determined position within a set time period. 

WGs will have their own written TOR using the format set out in Annex E 

(Model Working Group Terms of Reference) to this MTEP MOU, to the extent 

applicable and practicable. Unless and until Information exchanged in WGs is 

used in a P A or an E&MT A, the receiving Participant will use such Information 

only for information and evaluation purposes. 

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

Establishments) ofthis MTEP MOU, to promote awareness of another 

Participant's Test Facilities and test capabilities and to identify areas of potential 

cooperative activities under this MTEP MOU. 

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 ofCPP from one Contributing 

Participant to the facilities of the other Contributing Participant(s) in order to participate 

14 
in the CTE Project. Such CTE PAs will incorporate by reference the provisions of Annex 

C (Cooperative Project Personnel (CPP)) to this MTEP MOU. 

3.5. Execution of acquisition programs and/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 TEP Activities under this MTEP MOU are outside the scope of this 

MTEP MOU and will require conclusion of separate arrangements. 

15 
SECTION IV 

MANAGEMENT (ORGANIZATION AND RESPONSIBILITY) 

4.1. This MTEP MOU will be directed and administered on behalf of the Participants by the 

MOU Directors (MDs) and Management Agents (MAs). Steering Committees (SCs), if 

applicable, Project Officers (POs), points of contact, or WG leads will be designated by 

the Participants to a TEP Activity. The Participants will maintain and fund their own 

organizations for managing this MTEP MOU. There is no intent to establish a standing 

management organization for this MTEP MOU. 

4.2. The Chief, Capability Development Group (CCDG) (or successor in the event of 

reorganization) is designated the ADOD MD. The Assistant Deputy Minister (Material) 

(or successor in the event of reorganization) is designated theCA DND MD. The 

Assistant Chief ofDefence Force (Capability) HQ NZDF (or successor in the event of 

reorganization) is designated the NZDF MD. The Director, Strategic Programmes (or 

successor in the event of reorganization) is designated the UK MOD MD. The Director, 

Operational Test and Evaluation (or successor in the event of reorganization) is 

designated the U.S. DoD MD. The :MDs will be responsible for: 

4.2.1. Monitoring implementation ofthis MTEP MOU and exercising executive-level 

oversight; 

4.2.2. Monitoring the overall use and effectiveness of this MTEP MOU; 

4.2.3. Approving PAs and E&MTAs, and amendments thereto, in accordance with this 

MTEP MOU and national laws, regulations, and policies; 

4.2.4. Recommending or approving amendments to this MTEP MOU; and 

4.2.5. Resolving issues brought forth by the MAs. 

4.3. The Director General, Test and Evaluation (DGT&E) (or successor) is designated the 

ADOD MA. The Director General, International and Industry Programs (DGllP) (or 

successor) is designated theCA DND MA. The Director, Programme Delivery (DPD) 

(or successor) is designated the NZDF MA. The Head of Capability (Joint Training, 

Evaluation and Simulation (JTES)) (or successor) is designated the UK MOD MA. The 

Principal Deputy Director, Operational Test and Evaluation (or successor) is designated 

the U.S. DoD MA. The MAs will be responsible for: 

16 

4.3 .1. Identifying duties to be undertaken by POs, and points of contact, if applicable, 

in addition to those in paragraph 4.5. of this Section, and including such 

additional duties in the relevant P A or E&MT A; 

4.3.2. Notifying all MTEP MOU Participants of potential TEP Activities to avoid 

duplication of effort unless precluded by the requirements of a specific TEP 

Activity; 
17 

4.3.3. Identifying and sharing between or among the Participants, on an annual basis, 

new cooperative T &E opportunities, for those Participants with such 

Information available; 

4.3.4. Establishing a management structure for each PA (including an SC, as 

required), or E&MTA; 

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

authorities of the Participants, any export control issues raised by an SC, the 

POs, or points of contact, as applicable; 

4.3.6. Resolving any other issues referred to them by an SC, the POs, or points of 

contact, as applicable; 

4.3. 7. 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 Section ill (Scope of Work) ofthis MTEP MOU; 

4.3.8. Approving plans for the disposal of jointly acquired or produced Equipment and 

Material, in accordance with Section VIII (Equipment and Material Transfers) 

of this MTEP MOU; 

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

Section III (Scope of Work) of this MTEP MOU, and consistent with national 

laws, regulations, and policies of the Participants; 

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

Section XIII (Third Party Sales and Transfers) of this MTEP MOU; 

4.3.11. Approving assignment of personnel working on a CTE Project at another 

Participant's facilities in accordance with paragraph 3.4. of Section III (Scope of 

Work) of this MTEP MOU, unless an SC is established; 

4.3.12. Granting AlP for PAs or E&MTAs, as specified in subparagraphs 3.3.1.1. and 

3.3.1.2. of Section III (Scope of Work) ofthis MTEP MOU; 

4.3.13. Approving and signing TORs for WGs to which they are a Contributing 

Participant, in accordance with subparagraph 3.3.3. of Section III (Scope of 

Work) of this MTEP MOU; 

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

resolving issues brought forth by the POs or points of contact, if no SC is 

established; 
4.3.15. Ensuring that a Project Security Instruction (PSI) and Classification Guide (CG) 

for a P A or E&MT A are prepared by the POs, or points of contact, as 

'applicable, and approved by the respective DSAs prior to the transfer of 

Classified Information or Controlled Unclassified Information; 

4.3 .16. Recommending to the MDs approval of PAs, E&MTAs, amendments to PAs 

and E&MTAs, and amendments to this MTEP MOU; 

4.3.17. Monitoring and evaluating the execution ofTEP Activities and providing 

guidance and direction as necessary; 

4.3.18. Establishing and maintaining an overarching Financial Management Procedures 

Document (FMPD), as necessary, to describe funding arrangements for the 

conduct ofT&E for each Participant; and 

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

conduct ofT &E in each Participant's country. 

4.4. The MAs (or their designees) will meet as required, or at intervals not to exceed 24 

months, alternately when possible in Australia, Canada, New Zealand, the United 

Kingdom, and the United States. All organizational, administrative, and secretarial Costs 

associated with a meeting of the MAs will be borne by the hosting Participant for that 

particular meeting. The chairperson for each meeting will be the senior official of the 

hosting Participant. During such meetings, all decisions will be made unanimously, with 

each Participant having one vote. In the event that the Participants are unable to reach a 

timely decision on an issue, each Participant will refer the issue to its MD for resolution. 

In the meantime, the approved TEP Activity will continue to be implemented without 

interruption under the direction of the POs, points of contact, or WG leads, as applicable, 

while the issue is being resolved by the MDs. 

4.5. For Projects in which one Participant involved in a CTE PA contracts on behalf of other 

Participant(s) for tasks under that Project, an SC will be established, composed of 

members from each of the Contributing Participants. An SC also may be established for 

any Project as mutually determined by the Contributing Participants. If an SC is 

established under a Project, it will be responsible for: 

18 

4.5 .1. Providing policy and management direction to the POs for PAs during P A 

execution; 

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

performance against requirements; 

4.5.3. Approving plans for transfers of Equipment and Material or disposal of jointly 

acquired or produced Equipment and Material, in accordance with Section VIII 

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

Transfers) of this M1EP MOU; 
4.5 .4. Resolving issues brought forth by the POs or points of contact, if applicable; 

4.5.5. Maintaining oversight of the security aspects of a Project; 

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

FMPD, as required; 

4.5.7. Reporting status and activity of assigned PAs or E&MTAs as requested by MAs 

andMDs; 

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

accordance with subparagraph 4.6.11. of this Section, and reviewing the technical 

progress of the Project against the Project Plan. The Project Plan will 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; 

and 

4.5.8.3. Project Contract Requirements (PCR). 

4.5.9. Upon notification by the PO of Exceptional Circumstances that require immediate 

attention, issuing updated PCR through a timely Project Plan revision developed 

and approved in accordance with subparagraphs 4.5.8., 4.6.11., and 4.6.13. of this 

Section, in order to provide Project management direction for the Contracting 

Officer to manage and modify Contracts under such Exceptional Circumstances. 

If requested by the SC, the PO in consultation with the Contracting Officer, will 

explain why the circumstances can be regarded as Exceptional Circumstances. 

4.6. In accordance with the provisions of any PA or E&MTA, the POs or points of contact, as 

applicabie, will have the responsibilities under paragraph 4.5. of this Section if no SC is 

established for their P A or E&MT A. In accordance with the provisions of the P A or 

E&MT A, POs or points of contact will also: 

19 

4.6.1. Have primary responsibility for effective implementation, efficient management, 

and direction of their assigned PAs, or E&MT As, 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 or E&MTAs to the SC, or to the MAs 

if no SC is established; 
20 

4.6.4. Manage the security aspects ofthe PA or E&MTA, including developing and 

forwarding, through the MAs for Designated Security Authority (DSA) approval, 

the overarching PSI and CG or any additional PSI and CG for PAs or E&MTAs 

that contain provisions for the generation or exchange of Classified Information 

or Controlled Unclassified Information, as appropriate; 

4;6.5. Monitor export control arrangements required to implement any P A or E&MTA 

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 or E&MTA; 

4.6.6. Approve the assignment of specific CPP to a CTE Project at another Contributing 

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

(Cooperative Project Personnel (CPP)) to this MTEP MOU; 

4.6.7. Maintain a list of all Equipment and Material transferred by the Contributing 

Participants; 

4.6.8. Implement the financial aspects of the PAin accordance with Section V 

(Financial Provisions) of this MTEP MOU; 

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

for resolution; 

4.6.10. Carry out any additional responsibilities set out in the PA or E&MTA, or as 

directed by the SC, or if no SC is established, the MAs; 

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

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

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

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

the existence of any Exceptional Circumstances as raised by the Contracting 

Officer; 

4.6.12. Provide the approved Project Plan (including the PCR, as appropriate), and any 

approved revisions thereto, to the Contracting Officer; 

4.6.13. Inform the SC of the existence ofExceptional Circumstances raised by the 

Contracting Officer in accordance with paragraph 6.6. of Section VI (Contracting 

Provisions) of this MTEP MOU, and documented by the PO in accordance with 

subparagraph 4.5.9. of this Section; 

4.6.14. Cooperate, as requested, with the Contracting Officer in the areas of Contracting 

strategies, requests for proposal, Contract negotiation, evaluation of offers, 

Contract awards, and Contract modifications; 
4.6.15. Inform the SC immediately of any risk of cost growth beyond the FMPD 

approved by the MAs or, if one is established, the SC, or schedule change or 

performance problems under the Project Plan; and 

4.6.16. Prepare the Project Closure Report and forward to the Participant MAs involved 

in the RUTF P A by the date indicated in the RUTF P A. 

4. 7. In accordance with the provisions of an approved CTE PA, and provisions set out in 

Annex C (Cooperative Project Personnel (CPP)) to this MTEP MOU, a Contributing 

Participant may assign CPP to another Contributing Participant's facility to assist in the 

implementation of an approved CTE P A. 

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

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

and Section XII (Security) of this MTEP MOU, Participants may provide Contractor 

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

implementation of, a PA or E&MTA, subject to national laws, regulations, and policies. 

It is the responsibility of the Contracting Participants to ensure Contract provisions 

accord, or, through supervision, meet all responsibilities under this MTEP MOU and 

applicable PAs or E&MTAs. 

21 
SECTIONV 

FINANCIAL PROVISIONS 

5.1. This MTEP MOU itself creates no financial responsibilities regarding any TEP Activity. 

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

Cost of the Project and each Participant's Cost share, will be contained in each specific 

PA. 

5.2. For RUTF PAs, charges between Participants will be determined on a case-by-case basis 

and specified in the RUTF PA. The Performing Participant's charges may consist of 

Direct Costs and applicable Indirect Costs. Direct Costs chargeable to the Contributing 

Participant, except for the Cost of military personnel, will not be greater than what one 

component of the Performing Participant would charge to another component of the 

Performing Participant 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. 

Indirect Costs charged to the Contributing Participant(s) will be only those required by 

the Performing Participant's laws, regulations, and policies. 

5.3. For CTE PAs, Contributing Participants will contribute their equitable share of the full 

Financial and Non-financial Costs, as defmed in the CTE PA, including overhead Costs, 

administrative Costs, and costs of claims (in accordance with Section XN (Liability and 

Claims) of this MTEP MOU), and will receive an equitable share of the results of each 

CTEPA. 

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

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

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

of the SC, if one is established, or alternatively, the MAs of the Contributing Participants. 

5.5. Participants will perform, or will have performed, their tasks and will use their best 

efforts to perform the tasks within the Cost estimates specified in each P A. Participants 

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

activities under this MTEP MOU and participation in each PA, including their share of 

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

5.6. The following Costs will be borne entirely by the Participant incurring the Costs or on 

whose behalf the Costs are incurred, as mutually determined: 

22 

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 MTEP MOU; 

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

Participant; and 
5.6.4. Any other Costs not expressly stated as shared Costs under this MTEP MOU. 

5.7. For E&MTAs under this MTEP MOU: 

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

Report. 

5.7.2. Unless otherwise mutually determined in writing by the Contributing 

Participants, each Contributing Participant will fully bear all Costs it incurs for 

performing, managing, and administering its activities under the E&MT A. 

5.8. Unless otherwise mutually determined in this MTEP MOU or a CTE PA, the Parent 

Participant will bear all Costs related to its CPP assigned to another Contributing 

Participant'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 Participant'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 Participant's nation upon 

completion or termination of a 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 Participant's laws, regulations, and 

policies; 

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 Participant will promptly notify the other Participant(s) if available funds will not be 

adequate to fulfill its responsibilities under a P A or E&MTA, or if it appears that the Cost 

estimates, or ceiling, in a PA will be exceeded, and the Participants will immediately 

consult with a view toward continuation on a modified basis. 

5.1 0. Subject to the provisions of this MTEP MOU and in particular this Section, Section IV 

(Management (Organization and Responsibility)), Section VI (Contracting Provisions), 

and Section XVII (Amendment, Terii)ination, Withdrawal, Entry into Effect, and 

Duration), the Participants recognize that, for the purposes of CTE PAs, it may become 

necessary for one Contributing Participant to incur contractual or other obligations for the 

benefit of one or more other Contributing Participant(s) prior to receipt of the other 

23 
Contributing Participant(s)' funds. In the event that one Contributing Participant incurs 

such contractual or other obligations, each Contributing Participant will pay its equitable 

share of the Contract or other obligation, and will make such funds available in such 

amounts and at such times as may be required by the Contract or other obligation and will 

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. In this context, "equitable" means the Cost share 

contained in the Financial Cost sharing provisions of the respective CTE P A and 

paragraph 5.6. of this Section, for cooperative Costs and unique national requirements 

Costs arising out of a contractual or other obligation for the benefit of another Participant, 

respectively. 

5.11. The Participants will be responsible for the audit of their activities or their Contractors' 

activities pursuant to a P A or E&MT A. A Participant's audits will be in accordance with 

its own national practices and the FMPD. For CTE P A efforts where funds are 

transferred between Contributing Participants, the receiving Contributing Participant will 

be responsible for the internal audit regarding administration of the other Contributing 

Participant's funds in accordance with the receiving Contributing Participant's national 

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

Contributing Participant(s) to the other Contributing Participant(s). 

24 
SECTION VI 

CONTRACTING PROVISIONS 

6.1. If a Participant determines that Contracting is necessary to fulfill that Participant's 

responsibilities under Section III (Scope of Work) of a P A under this MTEP MOU, that 

Participant will contract in accordance with its respective national laws, regulations, and 

policies. 

6.2. When a Participant individually contracts on its own behalf to perform a task under a P A 

or E&MTA to this MTEP MOU, it will be solely responsible for its own Contracting, and 

the other Participant(s) will not be subject to any liability arising from such Contracts 

without its prior written consent. 

6.3. If the Contributing Participants determine that it is necessary under a CTE PA that one 

Contributing Participant contract on behalf of other Contributing Participant(s) for tasks 

under that CTE P A, that Contributing Participant will contract in accordance with its 

national laws, regulations, and policies. Such contractual arrangements will be detailed 

in the particular CTE P A. The Contracting Officer will be the exclusive source for 

providing contractual direction and instructions to Contractors and Prospective 

Contractors. The CTE P A SC will be responsible for the coordination of activities 

related to this MTEP MOU and its CTE P A and will provide oversight of the POs who 

will cooperate with the Contracting Officer in the areas of Contract procedures, Contract 

negotiations, evaluation of offers, and Contract award. 

6.4. For all Contracting activities performed by a Contributing Participant for the benefit of 

the other Contributing Participant(s), the SC will review statements of work prior to the 

issuance of solicitations to ensure that they are in accordance with this MTEP MOU and 

the CTE P A for which the Contracting is performed. The Contracting Officer will keep 

the SC advised of all significant developments associated with award and performance of 

Project Contracts, and will keep the SC advised of all financial arrangements with the 

prime Contractor. 

6.5. When Contracting on behalf of the other Contributing Participant(s), a Contracting 

Participant will protect the interests of the other Contributing Participant(s) in that the 

Contracting Participant will investigate, in a timely manner, concerns that a Contractor 

has not met, or may not meet, contractual requirements and, upon verification of the 

validity of such concerns by the Contracting Participant, will pursue contractual remedies 

and utilize Contract disputes processes to the same extent as that Contracting Participant 

would in protecting its own interests. The Contracting Participant will keep the affected 

Contributing Participant(s) informed during this process and will take their views into full 

consideration. 

6.6. When Contracting on behalf of the other Contributing Participant(s), a Contracting 

Participant's Contracting Officer will enter into contractual obligations consistent with 

the approved Project Plan, including the PCR, provided by the PO. In the unlikely event 

25 
that Exceptional Circumstances arise, the Contracting Officer will consult with the PO 

and SC, and execute Contracting actions consistent with any revised PCR. If such 

consultation does not result in a revised PCR, the Contracting Officer will use best efforts 

to take into account the interests of the Participants when incurring obligations beyond 

the scope of the FMPD or Project Plan. In the event that one or more Participants 

disagree with any action taken by the SC or the Contracting Officer, the disagreement 

will be resolved in accordarice with Section XVI (Settlement of Disputes) of this MTEP 

MOU. 

6.7. When Contracting on behalf of the other Contributing Participant(s), a Contracting 

Participant's Contracting Officer will immediately inform the PO of any risk of Cost 

growth beyond the FMPD approved by the SC, or schedule change or performance 

issues, which cause significant variation from the Project Plan for any Contract for which 

the Contracting Officer is responsible. 

6.8. Each Participant's Contracting Agency will insert into its prospective Contracts (and 

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

of this MTEP MOU, including Section IX (Disclosure and Use of Information), Section 

X (Controlled Unclassified Information), Section XII (Security), Section XIII (Third 

Party Sales and Transfers), and Section XVII (Amendment, Termination, Withdrawal, 

Entry into Effect, and Duration) of this MTEP MOU, and including export control 

provisions in accordance with this MTEP MOU, in particular paragraphs 6.9. and 6.10. of 

this Section. Each Participant's Contracting Agency will negotiate to obtain the rights to 

use and disclose Information required by Section IX (Disclosure and Use of Information) 

of this MTEP MOU. During the Contracting process, each Participant will also advise 

Prospective Contractors of their responsibility to notify immediately their respective 

Participant's Contracting Agency, before Contract award, if they are subject to any 

license or agreement that will restrict their Government's freedom to disclose Information 

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

arrangement that will result in restrictions. 

6.9. Each Participant will legally bind its Contractors to a requirement that the Contractor will 

not retransfer or otherwise use export-controlled Information furnished by the other 

Participant(s) for any purpose other than the purposes authorized under this MTEP MOU. 

The Contractor will also be legally bound not to retransfer the export-controiled 

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 MTEP MOU. Export-controlled Information furnished by one 

Participant under this MTEP MOU may only be retransferred by the other Participant(s) 

to its Contractors if the legal arrangements required by this paragraph have been 

established. 

6.1 0. Each Participant will legally bind its Prospective Contractors to a requirement that the 

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

furnished by another Participant for any purpose other than responding to a solicitation 

issued in furtherance of the purposes authorized under this MTEP MOU. Prospective 

26 
Contractors will not be authorized use of export-controlled Information for any other 

purpose if they are not awarded a Contract. The Prospective Contractors will 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 Participant under this MTEP MOU may 

only be retransferred by the other Participant(s') to its Prospective Contractors if the legal 

arrangements required by this paragraph have been established. Upon request by the 

furnishing Participant, the receiving Participant will identify its Prospective Contractors 

and prospective subcontractors receiving such export-controlled Information. 

6.11. In the event a Participant's Contracting Agency is unable to secure adequate rights to use 

and disclose Information as required by Section IX (Disclosure and Use of Information) 

of this MTEP MOU, or is notified by Contractors or Prospective Contractors of any 

restrictions on the disclosure and use of Information, that Participant's Contracting 

Agency will refer the matter to the SC, or to the MAs if no SC is established, for 

resolution. 

6.12. The PO(s) will promptly advise the other Participant(s)' SC members of any anticipated 

or actual Cost growth, schedule changes, delay, or performance problems under any 

Contract for which its Contracting Agency is responsible. 

6.13. Upon mutual consent, consistent with Section II (Objectives) of this MTEP MOU, a 

Participant may contract for the unique national requirements of the other Participant(s). 

27 
SECTION VII 

WORK SHARING 

7 .1. No requirement will be imposed by any Participant for work sharing or other industrial or 

commercial compensation in connection with this MTEP MOU or applicable PA that is 

not in accordance with this MTEP MOU or the applicable P A. 

28 
SECTION VIII 

EQUIPMENT AND MATERIAL TRANSFERS 

8.1. A Participant may transfer, without charge to the other Participants, such Equipment and 

Material identified as being necessary for implementing a P A. The P A will provide 

specific details of any transfer of Equipment and Material. Equipment and Material 

identified at the time of P A signature will be specified in the P A pursuant to Section X 

(Equipment and Material Transfer) of Annex A (Model Reciprocal Use of Test Facilities 

(RUTF) PA) or Section XI (Equipment and Material Transfer) of Annex B (Model 

Cooperative Test and Evaluation (CTE) PA) to this MTEP MOU. Equipment and 

Material that cannot be identified at the time of PA signature will be documented, when 

identified, in a list to be developed and maintained by the POs. Approval for all 

Equipment and Material Transfers will be in accordance with the national laws, 

regulations, and policies of the Participants involved. 

8.2. For E&MTAs concluded consistent with Annex D (Model Equipment and Material 

Transfer Arrangement (E&MTA)) to this MTEP MOU, each Contributing Participant 

may transfer, without charge to the other Contributing Participants, Equipment and 

Material forT &E purposes. Approval for all E&MTAs will be in accordance with 

national procedures. The receiving Participant of the Equipment and Material, in 

accordance with the provisions of this MTEP MOU and its national laws, regulations, 

and policies, will provide without charge the results of any testing or evaluation to the 

other Contributing Participants, including the final Test Report. Such Equipment and 

Material will remain the property of the providing Participant. 

8.3. The providing Participant will 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 Participant 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 Participant will maintain any transferred Equipment and Material in good 

order, repair, and operable condition. Unless the providing Participant has authorized the 

Equipment and Material to be expended or otherwise consumed without reimbursement 

to the providing Participant, the receiving Participant will return the Equipment and 

Material to the providing Participant 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 

Participant will return the Equipment and Material to the providing Participant (unless 

otherwise specified in writing by the providing Participant) and pay the replacement 

value as computed pursuant to the providing Participant's national laws, regulations, and 

policies. If the Equipment and Material is lost, unintentionally destroyed, damaged 

beyond economical repair, or stolen while in the custody of the receiving Participant, the 

receiving Participant will issue a certificate of loss to the providing Participant and pay 

29 
the replacement value as computed pursuant to the providing Participant's national laws, 

regulations, and policies. 

8.5. The providing Participant, at its expense, will deliver Equipment and Material to the 

receiving Participant at a mutually determined location. Possession of, and responsibility 

for, the Equipment and Material will pass from the providing Participant to the receiving 

Participant at the time of receipt of the Equipment and Material. Any further · 

transportation responsibility will be specified in the appropriate P A or E&MT A. 

8.6. All Equipment and Material that is transferred will be used by the receiving Participant 

only for the purposes of carrying out this MTEP MOU and the applicable P A or 

E&MTA, unless otherwise consented to in writing by the providing Participant. In 

addition, in accordance with Section Xlll (Third Party Sales and Transfers) of this MTEP 

MOU, Equipment and Material will not be retransferred to a Third Party without the prior 

written consent of the providing Participant. 

8.7. The providing Participant will furnish the receiving Participant such Information as is 

necessary to enable the Equipment and Material to be used. If the providing and 

receiving Participants mutually determine that specific training is required for use of 

Equipment and Material, they will mutually determine the appropriate arrangements for 

the provision of such training. 

8.8. The receiving Participant will inspect and inventory the Equipment and Material upon 

receipt. The receiving Participant will 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 of the transfer period specified in the PA or the E&MTA 

(taking into account any extension), the receiving Participant will return the Equipment 

and Material, at its expense, to the providing Participant at a mutually determined 

location. Possession of, and responsibility for, the Equipment and Material will pass 

from the receiving Participant to the providing Participant at the time of its receipt. Any 

further transportation is the responsibility of the providing Participant. 

8.1 0. The receiving Participant will give the providing Participant written notice of 

consumption or expenditure of Equipment and Material that had been previously 

approved for such consumption or expenditure by the providing Participant. In the event 

the intended consumption or expenditure does not occur, the receiving Participant will 

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

E&MTA. 

8.11. The Participants will ensure, by all reasonable means, the protection of Intellectual 

Property rights in Equipment and Material and any associated documentation. 

8.12. Each Contributing Participant waives all claims against the other Contributing 

Participant(s) for damage to, or loss of, jointly acquired or produced Equipment and 

30 
Material arising from the performance of official duties. However, if the Contributing 

Participants mutually decide to repair damaged jointly acquired or produced Equipment 

and Material in order to complete a CTE P A, the cost of such repair will be shared in the 

same ratio as Financial and Non-financial Costs are shared in the CTE PA under which it 

is acquired or produced unless another ratio is mutually determined, in writing, to be 

equitable. In any case, if the Contributing Participants mutually determine that damage 

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

negligence (which may or may not be a criminal standard of negligence) of a 

Contributing Participant, the costs of any liability, including the cost of repairs, will be 

borne by that Participant. 

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

Contributing Participants for use under a CTE P A will 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 of 

the Contributing Participants. Jointly acquired or produced Equipment and Material will 

remain the property of the Contributing Participants in the same ratio as Financial and 

Non-financial Costs are shared in the CTE P A under which it is acquired or produced. 

The Contributing Participant who has custody of the jointly acquired or produced 

Equipment and Material will maintain such jointly acquired or produced Equipment and 

Material in good order and operable condition, normal wear and tear excepted, unless the 

Contributing Participants have mutually determined that it may be expended or otherwise 

consumed by that Contributing Participant in connection with this MTEP MOU and 

applicable CTE PA. 

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

may include a transfer of the interest of one of the Contributing Participants in such 

Equipment and Material to another Contributing Participant, or the sale or transfer of 

such Equipment and Material to a Third Party or Non-Contributing Participant, in 

accordance with Section XIII (Third Party Sales and Transfers) of this MTEP MOU. For 

the purpose of this paragraph, a Contractor of a MTEP MOU Participant will be 

considered a Third Party. 

31 
SECTION IX 

DISCLOSURE AND USE OF INFORMATION 

9 .I. General 

32 

9 .1.1. The Participants recognize that successful collaboration depends on full and 

prompt exchange. of Information necessary for carrying out this MTEP MOU. 

The Participants intend to acquire sufficient Information and rights to use such 

Information to promote the objectives of this MfEP MOU. The nature and 

amount of Information to be acquired will be consistent with the objectives stated 

in Section II (Objectives) and Section ITI (Scope of Work) of this MTEP MOU 

and all documents underlying a TEP Activity. 

9 .1.2. Transfer of Information will be consistent with the furnishing Participant's 

applicable export control laws and regulations. 

9.1.3. The following specific export control provisions will apply to the transfer of 

Information: 

9 .1.3 .1. Unless otherwise restricted by duly authorized officials of the furnishing 

Participant at the time of transfer to another Participant, all exportcontrolled Information furnished by one Participant to another Participant 

may be retransferred to the other Participant's Contractors, 

subcontractors, Prospective Contractors, and prospective subcontractors, 

subject to the requirements of paragraphs 6.8, 6.9., and 6.10. of Section 

VI (Contracting Provisions) of this MTEP MOU; 

9 .1.3 .2. Export -controlled Information may be furnished by Contractors, 

subcontractors, Prospective Contractors, and prospective subcontractors 

of one Participant's nation to the Contractors, subcontractors, Prospective 

Contractors, and prospective subcontractors of another Participant's 

nation pursuant to this MTEP MOU, subject to the conditions established 

in licenses or other approvals issued by the government of the furnishing 

Participant in accordance with its applicable export control laws and 

regulations; 

9.1.3.3. If a Participant fmds it necessary to exercise a restriction on the retransfer 

of export-controlled Information as set out in subparagraph 9 .1.3 .1. of 

this Section, it will promptly inform the other Participants. If a restriction 

is then exercised and the affected Participant objects, that Participant's 

MA will notify promptly the other Participants' MAs and they will 

immediately consult in order to discuss ways to resolve such issues or 

mitigate any adverse effects; 
9.1.3.4. Notwithstanding the provisions of this MTEP MOU that relate to the 

protection of Information, particularly Section IX (Disclosure and Use of 

Information), Section X (Controlled Unclassified Information), Section 

XII (Security), and Section XIII (Third Party Sales and Transfers), the 

specific export control provisions set out in Section VI (Contracting 

Provisions) and this Section will not apply to transfers of Information 

among non-U.S. DoD Participants where such exchanges do not include 

U.S. export-controlled Information; and 

9 .1.3 .5. The Participants will use their best efforts to facilitate timely export 

authorizations related to the scope of work under this MTEP MOU. 

9.2. 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 Section III (Scope ofWork) ofthis MTEP MOU, are as follows: 

9 .2.1.1. Disclosure: Each Participant in a TEP Activity, upon request, will 

disclose to the other Participant(s) 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 Participant 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 Participant; and 

9 .2.1.1.4. Any disclosure or transfer of such Information to Contractors 

is in accordance with the furnishing Participant's export control laws 

and regulations. 

9.2.1.2. Use: Use oflnformation will be for information and evaluation 

purposes only. The receiving Participant(s) will not disclose such 

Information to Contractors or any other persons, other than its 

Contractor Support Personnel (or as otherwise specified by the 

furnishing Participant), or use the Information in any other way without 

the specific prior written consent of the furnishing Participant. 

9.3. RUTF PAs 

33 
9.3.1. The following provisions will apply to RUTF PAs: 

9.3.1.1. A Contributing Participant's use of Foreground Information will be for 

Defense Purposes and it will retain all its rights of use thereto; 

9.3.1.2. The Contributing Participant will also retain all its rights of use in the 

Government Foreground Information generated through a RUTF PA; 

9.3.1.3. The Performing Participant's use of Foreground Information will be for 

information and evaluation purposes only. The Performing Participant's 

use of Background Information will be for Project Purposes. The 

Performing Participant will not disclose Background Information 

provided by the Contributing Participant(s) or any Foreground 

Information to Contractors or any other persons, other than its Contract 

Support Personnel (or as otherwise specified by the Contributing 

Participant(s)), without the specific prior written consent of the 

Contributing Participant( s ); 

9.3.1.4. Prior written permission from the Contributing Participant(s) will be 

required for any other use by the Performing Participant; and 

9.3.1.5. If the Contributing Participant(s) require disclosure and use of 

Information for additional purposes, those purposes will be specified in 

the Special Provisions section of the RUTF P A. 

9.4. CTE PAs and E&MTAs 

34 

9.4.1. Government Foreground Information 

9.4.1.1. Disclosure: All Foreground Information generated by Contributing 

Participants' military or civilian employees (hereinafter referred to as 

"Government Foreground Information") will be disclosed promptly and 

without charge to the other Contributing Participants. 

9.4.1.2. Use: Each Contributing Participant may use or have used all 

Government Foreground Information without charge for Defense 

Purposes. The Contributing Participant generating Government 

Foreground Information will also retain all its rights of use thereto. Any 

sale or other transfer to a Third Party will be subject to the provisions of 

Section XIII (Third Party Sales and Transfers) of this MTEP MOU. 

9.4.1.3. Ifthe Contributing Participant(s) require disclosure and use of 

Information for additional purposes, those purposes will be specified in 

the Special Provisions section of a CTE PA or E&MTA. 

9.4.2. Government Background Information 
35 

9.4.2.1. Disclosure: Contributing Participants, upon reques1) will disclose 

promptly and without charge to the other Contributing Participant(s) any 

relevant Background Information generated by their 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 Contributing Participant 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 if the rights ofholders oflntellectual 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 Participant; and 

9.4.2.1.4. Any disclosure or transfer of such Government Background 

Information to Contractors is consistent with the furnishing Participant's 

export control laws and regulations. 

9.4.2.2. Use: Government Background Information furnished by one 

Contributing Participant to the requesting Contributing Participant may 

be used without charge by or for the requesting Contributing Participant 

for Project purposes. 

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

than the Contributing Participants, such Government Background 

Information may also be used for Defense Purposes by the requesting 

Contributing Participant, without charge, when such Information is 

necessary for the use of Foreground Information. 

9.4.2.2.2. The furnishing Contributing Participant, in consultation with 

the other Contributing Participants, will determine whether the 

Government Background Information is necessary for the use of 

Foreground Information. 

9.4.2.2.3. If the Contributing Participant(s) require disclosure and use of 

such Government Background Information for additional purposes, 

those purposes will be specified in the Special Provisions section of the 

CTE PA or E&MT A. 
36 

9.4.2.2.4. The furnishing Contributing Participant will 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 

Information'') will be disclosed promptly and without charge to the 

Contributing Participants. 

9.4.3.2. Use: Contributing Participants may use or have used without charge for 

Defense Purposes all Contractor Foreground Information generated and 

delivered by Contractors of the Contributing Participants. The 

Contributing Participant whose Contractors generate and deliver 

Contractor Foreground Information will 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 will be 

subject to the provisions of Section XIII (fhird Party Sales and 

Transfers) of this MTEP MOU. 

9.4.4. Contractor Background Information 

9 .4.4.1. Disclosure: A Contracting Participant will make available to the other 

Contributing Participants 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 this MTEP MOU. Any other Background 

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

of one Contributing Participant will be made available promptly and 

without charge to the other Contributing Participants, 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 Contributing Participant in possession of 

the Information determining, after consultation with the requesting 

Contributing Participant, 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 Contributing Participant; and 
9.4.4.1.4. Any disclosure or transfer of such Contractor Background 

Information to Contractors is consistent with the furnishing Contributing 

Participant's export control laws and regulations. 

9.4.4.2. Use: All Contractor Background Information furnished by Contractors 

in accordance with this MTEP MOU may be used by or for the receiving 

Contributing Participant, without charge, for Project Purposes subject to 

any restrictions by holders of Intellectual Property Rights other than the 

Contributing Participants. However, where such Background 

Information is necessary for the use of Foreground Information, the 

Contributing Participant 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 made outside of 

this MTEP MOU, the furnishing Contributing Participant, in 

consultation with the requesting Participant, will determine whether such 

other Contractor Background Information is necessary for the use of the 

Foreground Information. 

9.4.4.2.1. The furnishing Contributing Participant will retain all its 

rights with respect to Contractor Background Information. 

9.5. Alternative Uses of Information 

9.5.1. Any Background Information provided by one Participant will be used by the 

other Participants only for the purposes set out in this MTEP MOU, unless 

otherwise consented to in writing by the furnishing Participant. 

9.5.2. The prior written consent of each Contributing Participant will be required for the 

use of Foreground Information for purposes other than those provided for in this 

MTEPMOU. 

9.6. Proprietary Information and Document Marking 

37 

9 .6.1. All Information that is subject to disclosure and use restrictions with respect·to 

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

Controlled Unclassified Information or as Classified Information, depending on 

its security classification. 

9.6.2. A PSI will 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 MTEP MOU will be marked to identify that it 

was furnished under this MTEP MOU or TEP Activity as Background 
Information or Foreground Information, as applicable, and also to identify the 

owner(s) ofthe Information. 

9.7. Inventions and Patents 

38 

9.7.1. Each Contributing Participant will include in all of its Contracts for PAs 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 Participant will hold title to all such 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 will 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 Participants a license for the 

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

provisions of subparagraph 9.7.2. ofthis Section. 

9. 7 .2. In the event that a Contractor owns title (or elects to retain title) to any Invention, 

the Contracting Participant will secure for the other Contributing Participants nonexclusive, 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 Section will apply in 

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

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

all Inventions made by Contractors for which the Contracting Participant holds 

title or is entitled to acquire title. 

9.7.4. When a Contributing Participant has or can secure the right to file a Patent 

application with regard to an Invention, that Participant will consult with the other 

Contributing Participants regarding the filing of such Patent application. The 

Contributing Participant that has or receives title to such Invention will, in other 

countries, file, cause to be filed, or provide the other Contributing Participants 

with the opportunity to file on behalf of the Participant holding title, Patent 

applications covering that Invention. A Participant will immediately notify the 

other Contributing Participants that a Patent application has been filed. If a 

Participant, 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 Participant will notify the other Contributing Participants 

of that decision and permit the other Contributing Participants to continue the 

prosecution or maintain the Patent as the case may be. 
9.7.5. Each Contributing Participant will be furnished with copies of Patent applications 

filed and Patents granted with regard to Inventions. 

9.7.6. Each Participant will grant to the other Contributing Participants a non-exclusive, 

irrevocable, royalty-free license under its Patents for Inventions, to practice or 

have practiced the Invention throughout the world for Defense Purposes. 

9.7.7. Patent applications to be filed, or assertions of other Intellectual Property rights, 

under this MTEP MOU that contain Classified Information will be protected and 

safeguarded in a manner no less stringent than the requirements set forth in the 

applicable international agreements and arrangements between the Contributing 

Participants and the Contributing Participants' laws and regulations. 

9.8. Each Participant will notify the other Contributing Participants of any Intellectual 

Property infringement claims brought against that Participant arising in the course of 

work performed under any TEP Activity on behalf of the other Contributing Participants. 

Insofar as possible, the other applicable Participants will provide Information available to 

them that may assist in defending such claims. Each Participant will be responsible for 

handling such Intellectual Property infringement claims brought against it, and will 

consult with the other Contributing Participants during the handling, and prior to any 

settlement, of such claims. The Contributing Participants will share the Costs of 

resolving such Intellectual Property infringement claims in proportion to their Financial 

and Non-fmancial Costs for that work specified in a CTE P A. The Participants will share 

the costs of resolving Intellectual Property infringement claims in other TEP Activities in 

a manner they mutually determine in writing to be equitable at the time the infringement 

claim is resolved. 

9.9. The Participants will, as permitted by their national laws, regulations, and policies, 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 Participants 

will, as permitted by their national laws, regulations, and policies, 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. 

39 
SECTION X 

CONTROLLED UNCLASSIFIED INFORMATION 

1 0.1. Except as otherwise provided in this MTEP MOU or as authorized in writing by the 

originating Participant, Controlled Unclassified Information provided or generated 

pursuant to this MTEP MOU and any of its TEP Activities will be controlled as follows: 

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

Section IX (Disclosure and Use of Information) of this MTEP MOU; 

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

necessary for the permitted use under subparagraph 10.1.1. ofthis Section, and 

will be subject to the provisions of Section XIII (Third Party Sales and 

Transfers) of this MTEP MOU; and 

10.1.3. Each Participant will take all appropriate lawful steps available to it to keep 

such Information free from further disclosure (including requests under any 

legislative provisions), except as provided in subparagraph 10.1.2. of this 

Section, unless the originating Participant 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 will be given to the originating Participant. 

10.2. To assist in providing the appropriate controls, the originating Participant will ensure that 

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

nature. The Participants' export-controlled Information will be marked in accordance 

with the applicable Participant's export control markings as documented in a PSI. The 

Participants will 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 a 

PSI. 

1 0.3. Controlled Unclassified Information provided or generated pursuant to this MTEP MOU 

or any of its TEP Activities will be handled in a manner that ensures control as provided 

for in paragraph 1 0.1. of this Section. 

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

Participants will ensure the Contractors are legally bound to control such Information in 

accordance with the provisions of this Section. 

40 
SECTION XI 

VISITS TO ESTABLISHMENTS 

11.1. Each Participant will permit visits to its Government establishments, agencies and 

laboratories, and Contractor industrial facilities by employees of the other Participants or 

by employees of the other Participants' Contractors, provided that the visit is authorized 

by the Participants and the employees of both have the necessary and appropriate security 

clearances and a need-to-know. 

11.2. All visiting personnel will be required to comply with security regulations of the hosting 

Participant. Any Information disclosed or made available to visiting personnel will be 

treated as if supplied to the Participant sponsoring the visiting personnel, and will be 

subject to the provisions of this MTEP MOU. 

11.3. Requests for visits by personnel of a Participant to a facility of another Participant will be 

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

procedures of the hosting Participant. Requests for visits will bear the name of this 

MTEP MOU and the name of the Project, proposed Project, or applicable TEP Activity. 

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

another Participant will be submitted through official channels in accordance with 

recurring international visit procedures. 

41 
SECTION XII 

SECURITY 

12.1. All Classified Information provided or generated pursuant to this MTEP MOU, or any of 

its TEP Activities, will be used, stored, handled, transmitted, safeguarded, and disposed 

of in accordance with applicable international agreements and arrangements between the 

Participants and the Participants' national security laws and regulations. 

12.2. Classified Information will be transferred only through official government-togovernment channels or through channels approved by the DSAs of the Participants. 

Such Classified Information will bear the level of classification and denote the country of 

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

MOU or any TEP Activities. 

12.3. Each Participant will take all appropriate lawful .steps available to it to ensure that 

Classified Information provided or generated pursuant to this MTEP MOU or any TEP 

Activity is protected from further disclosure, except as permitted by this Section, unless 

the other Participant(s) consents to such disclosure. Accordingly, each Participant will 

ensure that the recipient(s): 

12.3.1. Will 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 Participant in accordance with the procedures set forth in Section 

XIII (Third Party Sales and Transfers) of this MTEP MOU; 

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

in this MTEP MOU and the TEP Activity under which the Classified 

Information was transferred or generated; and 

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

Information that are provided under this MTEP MOU and the TEP Activity 

under which the Classified Information was transferred or generated. 

12.4. The Participants will investigate all cases in which it is known or when there are grounds 

for suspecting that Classified Information provided or generated pursuant to this MTEP 

MOU or any TEJ? Activities has been lost or disclosed to unauthorized persons. Each 

Participant also will promptly and fully inform the other Participants of the details of any 

such occurrence, and of the final results ofthe investigation and of the corrective action 

taken to preclude recurrence. 

12.5. The Participants will prepare an overarching PSI and CG for all cooperation under this 

MTEP MOU. The overarching PSI and CG will be forwarded to the Participants' DSAs 

for approval. P A POs and E&MTA points of contact may prepare a PSI and a CG for 

their respective PAs or E&MTAs, as necessary, on a case-by-case basis. PSis and CGs 

will describe the methods by which Information will be classified, marked, used, 

42 
transmitted, safeguarded, and disposed of, and will require that markings for all exportcontrolled Information also include the applicable export control markings identified in 

the PSI in accordance with paragraph 1 0.2. of Section X (Controlled Unclassified 

Information) of this MTEP MOU. The PSI and CG will be developed by the POs or 

points of contact, as applicable, within three months after the P A or E&MT A enters into 

effect. The PSI and CG will be reviewed and forwarded by the MAs to the Participants' 

DSAs for approval and will be applicable to all government and Contractor personnel 

participating in the P A or E&MT A. CGs will be subject to regular review and revision 

with the aim of downgrading the classification whenever this is appropriate. All PSis and 

CGs will be approved by the appropriate DSAs prior to the transfer of any Classified 

Information or Controlled Unclassified Information. 

12.6. The DSA of a Contributing Participant that awards a classified Contract will 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 for this MTEP MOU, or any TEP Activities, the DSAs or 

their designees will: 

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 responsibilities to protect the Classified Information in accordance with 

national security laws and regulations and the provisions of this MTEP MOU; 

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 the purposes of this MTEP MOU or any 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 MTEP MOU only when 

enforceable measures are in effect to ensure that nationals or other entities of a Third 

Party will 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 

Contributing Participant, or in the case of Information generated pursuant to this MTEP 

43 
MOU, the Contributing Participants, will be consulted for approval prior to permitting 

such access. 

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

or Contractor will approve the appointment of an official or officials to exercise 

effectively the responsibilities for safeguarding at such facility the Classified Information 

pertaining to this MTEP MOU or any TEP Activity. These officials will be responsible 

for limiting access to Classified Information provided or generated pursuant to this 

MTEP MOU or any TEP Activities to those persons who have been properly approved 

for access and have a need-to-know. 

12.9. Each Participant will 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 under this MTEP MOU 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 Participants. The classification of the existence 

of any PA, E&MTA, or WG and its contents will be stated irt that PA, E&MTA, or TOR. 

12.11. The existence of this MTEP MOU is UNCLASSIFIED and its contents are 

UNCLASSIFIED. 

44 
SECTION XIII 

THIRD PARTY SALES AND TRANSFERS 

13.1. Except to the extent permitted in paragraphs 13.2. and 13.3. of this Section, the 

Participants will not sell, transfer title to, disclose, or transfer possession of ForegroWid 

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 or NonContributing Participant without the prior written consent of the Government(s) of the 

Participants in the TEP Activity under which that Foreground Information (or any item 

produced either wholly or in part from Foreground Information) or jointly acquired or 

produced Equipment and Material was acquired or produced. Furthermore, no 

Contributing or Performing Participant to that TEP Activity will permit any such sale, 

disclosure, or transfer, including by the owner of the item, without the prior written 

consent of the Government(s) of the Participant(s) in the TEP Activity under which that 

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

Information), or jointly acquired or produced Equipment and Material was acquired or 

produced. Such consent will not be given unless the Government of the intended 

recipient consents in writing with the Participants that it will: 

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 Participants of that 

TEP Activity. 

13.2. Each Contributing Participant to a RUTF PA will retain the right to sell, transfer title to, 

disclose, or transfer possession of Foreground Information generated on behalf of the 

Contributing Participant(s), where that Foreground Information does not include any 

Foreground Information or Background Information of another Participant, and whose 

generation, test, or evaluation has not relied on the use of Equipment and Material of 

another Participant. 

13.3. Each Contributing Participant in CTE PAs and E&MTAs will retain the right to sell, 

transfer title to, disclose, or transfer possession of Foreground Information: 

45 

13.3.1. Generated solely by that Contributing Participant or that Contributing 

Participant's Contractors in the performance of that Contributing Participant's 

work allocation under Section lli (Scope of Work) of a TEP Activity; 

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

of another Participant; and 

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

Material of another Participant. 
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 Participant 

intends to sell, transfer title to, disclose, or transfer possession of to a Third Party or a 

Non-Contributing Participant, is within the scope of paragraphs 13.2. or 13.3. ofthis 

Section, the matter will be brought to the immediate attention of the other Contributing 

Participants. The Contributing Participants will resolve the matter prior to any sale or 

other transfer of such Foreground Information (or any item produced either wholly or in 

part from the Foreground Information) to a Third Party or Non-Contributing Participant. 

13.5. A Participant will not sell, transfer title to, disclose, or transfer possession, grant, donate, 

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

by another Participant without the prior written consent of the Government of the 

Participant that provided such Equipment and Material or Background Information. The 

furnishing Participant's Government will be solely responsible for authorizing such 

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

transfers. 

13.6. Sales and other transfers of jointly acquired or produced Equipment and Material or 

Foreground Information generated in a TEP Activity may attract a levy to be shared as 

mutually determined by the Contributing Participants. Prior to any such sales or 

transfers, the amounts of any levy and the procedure for assessing and distributing such 

levy will be mutually determined by the Contributing Participants consistent with the 

laws, regulations, and policies of each Contributing Participant. Any Contributing 

Participant may reduce the assessment of its share of the levy. 

13.7. Any sale, transfer, or disclosure to a Participant who is not a Contributing Participant 

(including a Performing Participant in a RUTF P A) will be subject to the provisions of 

this Section. 

46 
SECTION 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 MTEP MOU, the following 

provisions will apply: 

14 .1.1. Claims against a Participant or its military or civilian personnel will be dealt 

with in accordance with the terms of applicable multilateral or bilateral 

agreements or arrangements of the Participants. 

14.1.2. For those claims for which multilateral or bilateral agreements or arrangements 

do not apply, the following will apply: 

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

Equipment and Material, which are addressed in Section VITI (Equipment and 

Material Transfers) of this MTEP MOU, each Participant waives all claims 

against the other Participants for 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 or produced Equipment and Material) caused by such personnel 

or another Participant. However, if the Participants mutually determine that 

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

omissions, willful misconduct or gross negligence (which may or may not 

amount to a criminal standard of negligence) of a Participant's military or 

civilian personnel, the costs of any liability will be borne by that Participant 

alone; and 

14.1.2.2. Claims from any other persons (either individuals or entities) for 

injury, death, damage or loss of any kind caused by one ofthe Participants' 

military or civilian personnel will be processed by the most appropriate 

Participant, as mutually determined by the Participants. Any Costs determined 

to be owed to the claimant will be borne by the Participants in the same ratios as 

their Financial and Non-financial Costs as specified in the relevant CTE PA 

from which the claim arose. For such claims resulting from other TEP 

Activities, the Participants will consult and mutually determine in writing an 

equitable sharing ofthe Cost of such claims. However, ifthe Participants 

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

reckless acts or reckless omissions, willful misconduct or gross negligence 

(which may or may not amount to a criminal standard of negligence) of a 

Participant's military or civilian personnel, the costs of any liability will be 

borne by that Participant alone. 

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

jointly acquired or produced Equipment and Material, and the cost of making good such 

damage is not recoverable from such person or entity, such cost will be borne by the 

47 
Participants in the same ratios as their Financial and Non-fmancial Costs as specified in 

the relevant CTE PA for the work for which the jointly acquired or produced Equipment 

and Material was obtained. 

14.3. Claims arising under any Contract awarded under a PA or E&MTA will be resolved in 

accordance with the provisions of that Contract. 

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

Participant for the purposes of this Section. 

14.5. The Participants acknowledge that the costs of claims under this MTEP MOU may be 

over and above their share of the total Costs set out in a CTE P A and will be shared on an 

equitable basis in accordance with Section XIV (Liability and Claims) of this MTEP 

MOU. 

48 
SECTION XV 

CUSTOMS DUTIES, TAXES, AND SIMILAR CHARGES 

15.1. Customs duties, import and export taxes, and similar charges will be administered in 

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

national laws, regulations, and policies permit, the Participants will 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 

MTEPMOU. 

15.2. Each Participant will 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 pursuant to any TEP Activity under this MTEP MOU. If 

any such customs duties, import and export taxes, or similar charges are levied, the 

Participant in whose country they are levied will bear such costs over and above that 

Participant's shared Costs of the TEP Activity conducted under this MTEP MOU. 

15.3. If, in order to comply with European Union (EU) regulations, it is necessary to levy 

duties, then these will be met by the EU member end recipient. To this end, equipment 

49 

, comin~ from outside the EU will proceed to its final destination accompanied by the 

relevant customs document enabling settlement of duties to take place. The duties will be 

paid by the EU member as an additional cost over and above that EU Participant's shared 

Cost of the TEP Activity. 
SECTION XVI 

SETILEMENT OF DISPUTES 

16.1. Disputes between or among the Participants arising under or relating to this MTEP MOU, 

including any of its TEP Activities, will be resolved only by consultation between or 

among the Participants in this MTEP MOU or the relevant TEP Activity, as applicable, 

and will not be referred to any national or international court or tribunal, or to any other 

person or entity for settlement. 

50 
SECTION XVII 

AMENDMENT, TERMINATION, WITHDRAWAL, ENTRY INTO EFFECT, AND 

DURATION 

17.1. All activities of the Participants under this MTEP MOU will be carried out in accordance 

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

control laws and regulations. The responsibilities of the Participants, with the exception 

of those responsibilities regarding the security of Information and protection of 

Intellectual Property rights, will be subject to the availability of funds for such purposes. 

17 .2. In the event of a conflict between the provisions of this MTEP MOU and any P A, 

E&MTA, or WG TOR established under this MTEP MOU, the provisions of this MTEP 

MOU will prevail. 

17.3. This MTEP MOU, or any PAor E&MTA under this MfEP MOU, maybe amended by 

the mutual written consent of the Participants, or the Contributing and Performing 

Participants, as applicable. WG TOR under this MTEP MOU may also be amended by 

the written approval of the MAs, provided that any such amendment is consistent with 

this MTEP MOU. Annex E (Model Working Group Terms ofReference) to this MTEP 

MOU may also be amended by the written approval of the MAs, provided that any such 

amendment is consistent with this MTEP MOU. 

17 .4. This MfEP MOU may only be terminated by the mutual written consent of all 

Participants. Any PA or E&MTA under this MTEP MOU may be terminated at any time 

by the mutual written consent of the Participants in that TEP Activity. Any WG TOR 

may be terminated by the MAs participating in that WG. In the event the Participants 

consent to terminate this MTEP MOU, or any PA, E&MTA, or WG TOR under this 

MTEP MOU, the Participants (or Contributing and Performing Participants, as 

applicable) will consult prior to the date of termination to ensure termination on the most 

economical and equitable terms. Termination of this MfEP MOU will result in the 

termination of all TEP Activities, including all PAs, E&MT As, and WGs under this 

MTEPMOU. 

17.5. In the event of termination of this MTEP MOU or any TEP Activity under this MTEP 

MOU, the following rules apply: 

51 

17.5.1. Each Participant will continue.its participation, financial or otherwise, under 

this MTEP MOU and any TEP Activities in which it is participating, up to the 

effective date of termination of this MTEP MOU or the relevant TEP Activity; 

17.5 .2. Each Participant will be responsible for its own Costs associated with the 

termination of this MTEP MOU, including a PA or an E&MTA under this 

MTEP MOU. Notwithstanding this, for Contracts awarded on behalf of the 

Contributing Participants to a CTE P A, the Contributing Participants will share 

any Costs incurred by a Contracting Participant in terminating a Contract 
awarded on their behalf in the proportions of their Financial and Non-financial 

Cost contributions to the CTE PA. For RUTF PAs, the Contributing and 

Performing Participants will share in the Costs of terminating the services to be 

provided, as mutually determined. However, in no event will the Contributing 

Participants' total Costs, including Contract termination Costs, exceed the 

Contributing Participants' total Cost ceiling or estimate, as applicable, as 

established in the P A being terminated. Each Contributing Participant to such a 

P A will pay its equitable share of such Costs in advance of the time such 

payment, damages, or Costs are due; 

17.5.3. All Information and rights therein received under this MTEP MOU prior to 

termination of this MTEP MOU, will be retained by the Participants, subject to 

the provisions of this MTEP MOU. All Information and rights therein received 

under a TEP Activity under this MTEP MOU, prior to termination of that TEP 

Activity, will be retained by the Participants to that TEP Activity, subject to the 

provisions of this MTEP MOU and respective TEP Activity; 

17.5 .4. Additional PA or E&MT A termination provisions consistent with this Section 

may be established in a PA or an E&MTA under this MTEP MOU; and 

17.5.5. Each Contributing or Performing Participant will make available to the other 

Contributing Participants all Foreground Information generated by that 

Contributing or Performing Participant and its Contractors prior to termination. 

17.6. A Participant's participation in this MTEP MOU will cease upon one hundred eighty 

52 

( 180) days written notification of its intent to withdraw to the other Participant( s ). A 

Participant's withdrawal from this MTEP MOU constitutes its withdrawal from all TEP 

Activities. Such notification will be the subject of immediate consultation among the 

Participants to decide upon the appropriate course of action. A Performing or 

Contributing Participant's participation in a RUTF P A, a CTE P A, or an E&MTA will 

cease upon ninety (90) days written notice of withdrawal to the other P A or E&MT A 

Participants. Participants may withdraw from a WG at any time. In the event of such 

withdrawal from this MTEP MOU or from a TEP Activity, the following will apply: 

17 .6.1. A withdrawing Participant will be responsible for its own costs associated with 

its withdrawal from this MTEP MOU or a TEP Activity; 

17 .6.2. Notwithstanding the provisions of subparagraph 17 .6.1., in no event will the 

withdrawing Contributin~ Participants' total Costs, including Contract 

termination or modification costs, exceed the withdrawing Contributing 

Participants' total Cost ceiling as established in the CTE PA from which it is 

withdrawing. The remaining Contributing Participants will immediately consult 

with a view to amending the CTE PA and continuing the Contract. Each 

remaining Contributing Participant to that CTE PA will pay its equitable share 

of any additional costs beyond those of the withdrawing Participant's total Cost 

ceiling in the proportions of their Financial and Non-financial Cost 
contributions to the CTE P A. Each Contributing Participant to that CTE P A 

will pay its equitable share of such costs in advance of the time such payments, 

damages, or costs are due; 

17 .6.3. A withdrawing Participant from this MTEP MOU or a TEP Activity will 

continue participation, fmancial or otherwise, up to the effective date of 

withdrawal; 

17.6.4. The remaining Participants will decide whether they will continue to execute 

this MTEP MOU or any TEP Activities in which they are a Participant on the 

basis of the reduced participation or will terminate this MTEP MOU or its TEP 

Activities. To facilitate such continuation of either this MTEP MOU or any 

TEP Activity on the basis of reduced participation, an amendment to the MTEP 

MOU and/or an amendment to the TEP Activity will be concluded; 

17.6.5. Ali Information and rights therein received under the provisions of any TEP 

Activity prior to withdrawal will be retained by the Participants in that TEP 

Activity, subject to the provisions of this MTEP MOU and the relevant TEP 

Activity; and 

17.6.6. Each Participant in a TEP Activity will make available to the other Participants 

in that TEP Activity all Foreground Information generated by that Participant 

and its Contractors prior to withdrawal. 

17.7. The respective rights and responsibilities of the Participants regarding Section VIII 

(Equipment and Material Transfer), Section IX (Disclosure and Use of Information), 

Section X (Controlled Unclassified Information), Section XII (Security), Section XIIT 

(Third Party Sales and Transfers), Section XIV (Liability and Claims), Section XVI 

(Settlement of Disputes), and this Section XVII (Amendment, Termination, Withdrawal, 

Entry into Effect, and Duration) will continue to apply notwithstanding withdrawal from 

this MTEP MOU or any of its PAs or E&MTAs, or termination or expiration of this 

MTEP MOU or any of its PAs or E&MTAs. 

17.7 .1. Notwithstanding withdrawal from, expiration of, or termination of this MTEP 

MOU or any relevant PA, or E&MTA, the Participants will remain responsible 

for any expense incurred, or entitled to any payments outstanding, up to the 

point of withdrawal from, expiration of, or termination of this MTEP MOU or 

any relevant P A, or E&MT A, until such time as the payments are settled. 

17.8. This MTEP MOU, which consists of an Introduction, seventeen (17) Sections, and five 

(5) Annexes, will enter into effect on the date of the first two signatures, and will remain 

in effect for twenty-five (25) years unless terminated by the Participants. For each 

subsequent Participant, this MTEP MOU will enter into effect upon signature. 

53 
The foregoing MTEP MOU represents the understandings reached among the Department of 

Defence of Australia, the Department ofNational Defence of Canada, the New Zealand Defence 

Force, the Secretary of State for Defence of the United IGngdom of Great Britain and Northem 

Ireland, and the Department of Defense of the United States of America, upon the matters 

referred to herein. 

MTEP MOU signed, in five copies, in the English language. 

FOR THE DEPARTMENT OF 

DEFENC A S .. """" ........ .n. 

Signature 

Name 

Chief, Capability Development Group 

Title 

Z2 AP¥211- 2o 15 

Date 

Location 

54 
The foregoing MTEP MOU represents the understandings reached among the Department of 

Defence of Australia, the Department of National Defence of Canada, the New Zealand Defence 

Force, the Secretary of State for Defence of the United Kingdom of Great Britain and Northern 

Ireland, and the Department of Defense of the United States of America, upon the matters 

referred to herein. 

MTEP MOU signed, in five copies, in the English language. 

FOR THE DEPARTMENT OF NATIONAL 

DEFENCE OF CANADA 

Mr. 

Signature 

c 

Patrick 

~ T. Finn · 

Name 

Assistant Deputy Minister (Materiel) 

Title 

Date 

1<4 ~=t-.&ts 

Location 

~~~ 

55 
The foregoing MTEP MOU represents the understandings reached among the Department of 

Defence of Australia, the Department ofNational Defence of Canada, the New Zealand Defence 

Force, the Secretary of State for Defence of the United Kingdom of Great Britain and Northern 

Ireland, and the Department of Defense of the United States of America, upon the matters 

referred to herein. 

MTEP MOU signed, in 5 copies, in the English language. 

FOR THE NEW ZEALAND 

DEFENCE FORCE 

a re 

modore John Martin. RNZN 

e 

Assistant Chief of Defence Force (Capability) 

Title 

s1~ 'L,(\' 

Date 

56 
The foregoing MTEP MOU represents the understandings reached among the Department of 

Defence Of Australia, the Department ofNational Defence of Canada, the New Zealand Defence 

Force, the Secretary of State for Defence ofthe United Kingdom of Great Britain and Northern 

Ireland, and the Department of Defense of the United States of America, upon the matters 

referred to herein. 

MTEP MOU signed, in 5 copies, in the English language. 

FOR THE SECRETARY OF STATE 

FOR DEFENCE OF THE UNITED 

KINGDOM OF GREAT BRITAIN AND 

NORTHERN IRELAND 

Signature 

Name 

Title 

Date 

Location 

57 
The foregoing MTEP MOU represents the understandings reached among the Department of 

Defence of Australia, the Department ofNational Defence of Canada, the New Zealand Defence 

Force, the Secretary of State for Defence of the United Kingdom of Great Britain and Northern 

Ireland, and the Department of Defense of the United States of America, upon the matters 

referred to herein. 

MTEP MOU signed, in 5 copies, in the English language. 

FOR THE DEPARTMENT OF 

DEFENSE OF THE 

UNITED STATES OF AMERICA 

1 nature 

. J. Michael Gilmore 

Name 

Director, Operational Test and Evaluation 

Title 

Date I 

Washington, DC 

Location 

58 
ANNEXA -MODEL 

RECIPROCAL USE OF TEST FACILITIES PROJECT ARRANGEMENT 

(No. XX-XX-YYYY -Num*) 

BETWEEN (or AMONG) 

(Delete non-participating PARTICIPANTS) 

THE DEPARTMENT OF DEFENCE OF AUSTRALIA 

AND 

THE DEPARTMENT OF NATIONAL DEFENCE OF CANADA 

AND 

THE NEW ZEALAND DEFENCE FORCE 

AND 

THE SECRETARY OF STATE FOR DEFENCE OF THE 

UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND 

AND 

THE DEPARTMENT OF DEFENSE OF THE UNITED STATES OF AMERICA 

CONCERNING 

(Full name of project) 

(SHORT TITLE: of project) 

* Where XX= two letter code for names of Contributing and Performing Participants; YYYY 

=projected year of entry into tiffect; and Num is a sequential number. 
TABLE OF CONTENTS 

SECTION PAGE 

INTRODUCTION 

I DEFINITIONS AND ACRONYMS (optional) 

II TEST AND EVALUATION (T &E) 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 AMENDMENT, TERMINATION, WITHDRAWAL, ENTRY INTO EFFECT, AND 

DURATION 

APPENDIX 1 COST ESTIMATE MODEL 

60 
INTRODUCTION 

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

pursuant to the Memorandum of Understanding (MOU) among the Department of Defence of 

Australia (ADOD), the Department ofNational Defence of Canada (CA DND), the New Zealand 

Defence Force (NZDF), the Secretary of State for Defence of the United Kingdom of Great 

Britain and Northern Ireland (UK MOD), and the Department of Defense of the United States of 

America (U.S. DoD) Concerning Multinational Test and Evaluation Program (MTEP) 

Cooperation (the MTEP MOU), which entered into effect on (insert effective date of the 

MOU) and remains in effect through , the provisions of which are hereby 

incorporated by reference. 

The Contributing Participant(s) to this RUTF PAis/are: (list Contributing Participant(s) to this 

RUTFPA). 

The Performing Participant(s) to this RUTF PAis/are: (list the Performing Participant(s) to this 

RUTFPA). 

Drafting guidance: Throughout the RUTF PA, delete those Participants who are not 

Contributing or Performing Participants. Adapt the PA to use plurals or singular reference to 

Participants where necessary. 

SECTION I 

DEFINITIONS AND ACRONYMS 

Drafting guidance: In addition to the two definitions below, include only those definitions pertinent to 

this RUTF PA that have not been defined in the MTEP MOU. Abbreviations and acronyms will be 

noted after first use within the body of the RUTF PA. 

For ease of reference, the following definitions from the MTEP MOU are particularly pertinent 

to this RUTF PA: 

Project Closure Report 

Test Report 

A report written by the Performing Participant's Project Officer 

(PO) (for RUTF PAs) for the Contributing and Performing 

Participants' Management Agents (MAs) at the end of the Project 

identifying Project completion, major benefits, deficiencies in 

completing the Project, and reconciliation offinancials. 

The final report of the test agency documenting results of data 

gathering and analysis, achievement of the test objectives, 

conclusions, and recommendations. 

(Include where necessary) Other defmitions pertinent to this RUTF P A are: 

61 
SECTION II 

TEST AND EVALUATION (f&E) OBJECTIVES 

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

SECTION III 

SCOPE OF WORK 

3.1. Test Description: 

(Include any Contributing and Petforming Participant-provided test personnel, Equipment 

and Material, or other assistance in this Section.) 

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

3.1.2. Testing environment will simulate--------------

3.2. Test Facility Services: 

(Outline the tasks and services to be provided by the Performing Participant.) 

The following TEP Activities will be performed by (insert name of 

Performing Participant's office or Test Facility) during a period of up to ___ _ 

days/weeks during ___ _ 

The following support will be provided by the Performing Participant: 

(For example: Technical and analytical assistance, consultation/or preparation of the test 

plan, qualified personnel to conduct the T &E, and any other specified support to the 

Contributing Participant.) 

3.3. Test Reporting: 

(Identify the required reports and timeline by which these reports are to be provided by the 

PerfOI'ming Parlieipmtl.} 

SECTION IV 

ESTIMATED TEST SCHEDULE 

(Note: Procedural details of the test plan can be described in a separate document.) 

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

62 
4.1.1. (List of activities to occur) 

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

4.2.1. (List of activities to occur) 

4.3. Day/Week/Month l(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 

RUTF PA, by the POs. The POs will keep each other, and their respective MAs 

informed of potential schedule changes, delays or cancellations. 

4.5. A Project Closure Report will be written by the Performing Participant's PO and 

transmitted to the Contributing Participants POs and MAs of the Contributing and 

Performing Participants no later than six months prior to the expiration of this RUTF P A. 

SECTIONV 

MANAGEMENT 

Drafting guidance: Identify from the list below the Contributing and Perfonning Participants' POs 

and fmancial points of contact. Delete Participants that are not participating. 

5 .1. The POs and financial points of contact (POCs) are: 

ADODPO 

ADOD Financial POC 

CADNDPO 

63 

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

Mail Address ------------------ Phone and Fax ---------- Email ----------------------- Title/Position ----------------- Organization 

Mail Address ----------------- Phone and Fax --------------- Email ------------------------ Title/Position -------------- Organization 

Mail Address ---------------- Phone and Fax Emw ----------------
CA DND Financial POC 

NZDFPO 

NZDF Financial POC 

UK MOD PO 

UK MOD Financial POC 

U.S. DoD PO 

U.S. DoD Financial POC 

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

Mail Address ---------

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

Emrul ---------------

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

Organization 

Mail Address ---------

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

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

Mail Address ---------

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

Email -------------- Title/Position ---------- Organization 

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

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

Mail Address ---------

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

Email -----------------

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

Mail Address --------- Phone and Fax --------- Email ------------------ Title/Position --------- Organization 

Mail Address ------------ Phone and Fax ---------- Email ---------------- 5.2. Project offices w.iU be estabJished Jn (:name of AS localio» if applicable)y 

m (name of C4 location if applicable), in (name of NZ location if 

{l]Jplicable),in (name of UK location if applicable), and in (name of 

U.S. location q applicable). 

64 
5.3. The POs will be responsible for management of those tasks listed as national 

responsibilities in Section III (Scope of Work) ofthis RUTF PA. Direct liaison between POs is 

authorized. The POs, as appropriate, may develop a Project Plan forMA (or SC if one is 

established) approval. 

5.4. Particular Management Procedures: 

Drafting guidance: Mention only those additional management responsibilities not covered under 

Section IV (Management (Organization and Responsibility)) of the MTEP MOU. 

5.4.1. Command, Control, Safety, and Security Considerations: 

The Performing Participant will retain command and control over all facilities, personnel, 

~quipment, and support units. Both the Performing Participants and the Contributing 

Participant(s) will adhere to the Performing Particip\ffit's standard operating procedures 

regarding command, control, safety, and security, except where mutually determined 

otherwise in writing. In accordance with Section XIT (Security) of the MTEP MOU: 

5.4.1.1. The Performing Participant and Contributing Participant(s) are 

responsible for security of all publications and reference material. 

5.4.1.2. The Performing Participant is responsible for the security ofthe test site 

materials and publications. 

5.4.1.2. The POs will coordinate security requirements prior to all classified 

testing. 

5.5. Upon completion of the test, the Performing Participant will provide detailed test plans 

and all Test Reports to the Contributing Participant(s) in accordance with this RUTF PA. 

SECTION VI 

FINANCIAL PROVISIONS 

Drafting guidance: Mention only Costs designated for each Contributing Participant. 

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

amount in the currency of the Performing Participant) at (insert date). The Cost 

estimate will follow the Cost Estimate Model at Appendix 1 to this RUTF PA. 

6.2. In no event will the Performing Participant exceed this Cost estimate without the prior 

written consent of the Contributing Participant(s). Ifthe Performing Participant has reason to 

believe that this Cost estimate will be exceeded, the Performing Participant will immediately 

notify the Contributing Participant(s) and will set forth a new Cost estimate together with 

supporting documentation. The Participants will consult as soon as possible regarding the action 

to be taken in view of the revised Cost estimate. 

65 
6.3. The Performing Participant will submit a request for payment to the Contributing 

Participant(s) at least sixty (60) days in advance of the test requiring payment of the estimated 

Cost. The Contributing Participant(s) will 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 will not commence until the funds are received. 

(The Participants may adjust the time periods as necessary for each test.) 

6.4. The Performing Participant will provide a final statement of account to the Contributing 

Participant(s), which details the actual Costs incurred and payments received from the 

Contributing Participant(s). After completing review of the final statement of account, the 

Contributing and Performing Participants will reconcile the acc;ount and make any fmal 

payments. All final payments will be made prior to withdrawal from, termination of, or 

expiration ofthis RUTF PA. 

6.5. The Financial POC for the Performing Participant will provide all financial details for 

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

payment will 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 

SECTION VII 

CONTRACTING PROVISIONS 

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

provisions contained in the MTEP MOU. Such "special" contract provisions must he in accordance 

with the provisions of the MTEP MOU and this RUTF PA. 

If the RUTF PA does not involve any Contracting, this Section will be removed from the RUTF PA1 

and remaining Sections renumbered. 

SECTION VIII 

LEVEL OF CLASSIFICATION 

66 
Drafting guidance: Select one of the four following possibilities for paragraph 8.1.: 

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

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

Confidential. Drafting Guidance: This option is not available if the UK is participating 

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 PA is Top 

Secret. 

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

classification]. 

67 

SECTION IX 

PRINCIPAL ORGANIZATIONS INVOLVED 

Drafting guidance: List the Test Facili(ies and other organizations of the Contributing and 

Pelforming Participants. 
SECTION X 

EQUIPMENT AND MATERIAL TRANSFER 

1 0.1. If the Participants mutually determine that the TEP Activity under this RUTF P A requires 

the transfer of Equipment and Material to the other Participants, a list of such Equipment and 

Material will be developed in accordance with the following table and Section VIII (Equipment 

and Material Transfers) of the MTEP MOU. In addition to the items listed in the table below, 

the POs will maintain a list of all Equipment and Material to be exchanged in the same format. 

Consumable/ • Estimated 

Providing Receiving Part/ Non- Transfer Security Replacement 

Participant Participant Qty Description Stock# Consumable Period Classification Value 

* Estimated Replacement Value IS a good fatth estimate of the replacement value at the time of 

the transfer. 

NOTES: 

1. Equipment and Material that cannot be identified at the time of PA signature will be documented, 

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

68 
SECTION XI 

SPECIAL PROVISIONS 

11.1. All TEP Activities under this RUTF P A will be carried out in accordance with each 

Performing and Contributing Participant's respective national laws, regulations, and policies, 

including their applicable export control laws and regulations. 

11.2. Information furnished under this RUfF P A will 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. 

(Where there is more than one Contributing Participant, those Contributing Participants 

should identify any specific disclosure and use requirements. Refer to paragraph 9.3. of 

Section IX (Disclosure and Use of Information) of the MTEP MOU to implement this RUTF 

PA.) 

SECTION XII 

AMENDMENT, TERMINATION, WITHDRAWAL, ENTRY INTO EFFECT, AND 

DURATION 

12.1. This RUTF PA between (or among) (insert Contributing and Peiforming Participants), 

pursuant to the Multinational Test and Evaluation Program Cooperation Memorandum of 

Understanding (MTEP MOlJ), will enter into effect upon signature of all Contributing and 

Performing Participants, and will remain in effect for __ years, unless terminated by the 

Contributing and Performing Participants in accordance with paragraphs 17.4. and 17.5. of the 

MTEP MOU. It may be extended by the written mutual determination of the Contributing and 

Performing Participants. A Participant may withdraw from this RUTF P A in accordance with 

the provisions of paragraph 17.6. of Section XVII (Amendment, Termination, Withdrawal, Entry 

into Effect, and Duration) of the MTEP MOU. 

69 
INSERT PROJECT ARRANGEMENT TITLE AND NUMBER HERE 

Drafting guidance: Delete signature blocks for any Participant that is not a Contributing or 

Per:forming Participant to this PA, 

FOR THE DEPARTMENT OF 

DEFENCE OF AUSTRALIA 

Signature 

Name 

Title 

Date 

Location 

70 
INSERT PROJECT ARRANGEMENT TITLE AND NUMBER HERE 

FOR THE DEPARTMENT OF 

NATIONAL DEFENCE OF CANADA 

Signature 

Name 

Title 

Date 

Location 

71 
INSERT PROJECT ARRANGEMENT TITLE AND NUMBER HERE 

FOR THE NEW ZEALAND 

DEFENCE FORCE 

Signature 

Name 

Title 

Date 

Location 

72 
INSERT PROJECT ARRANGEMENT TITLE AND NUMBER HERE 

FOR THE SECRETARY OF STATE 

FOR DEFENCE OF THE UNITED KINGDOM 

OF GREAT BRITAIN AND NORTHERN IRELAND 

Signature 

Name 

Title 

Date 

Location 

73 
INSERT PROJECT ARRANGEMENT TITLE AND NUMBER HERE 

FOR THEDEPARTMENTOF 

DEFENSE OF THE 

UNITED STATES OF AMERICA 

Signature 

Name 

Title 

Date 

Location 

74 
APPENDIX 1 -COST ESTIMATE MODEL 

COST ESTIMATE FOR THE (Name of Test) 

RUTF PAID# XXXX ... Test Period (Insert Date) 

Task Description/Service Labor Materials 

DIRECT COSTS 

1 Test Planning 

2 Test Article Saf~ty Inspection 

3 Test Preparation & Setup 

4 Flight Time & Fit Support 

5 Range Firings 

6 Ground Support (Telemetry & 

Communications) 

7 Toxic Fumes Test 

8 Human Factors Evaluation 

9 Technical/ 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 Contributing Participant(s) will be only those required by the 

Performing Participant's national laws, regulations, and policies. 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. 

75 
ANNEX B- MODEL 

COOPERATIVE TEST AND EVALUATION PROJECT ARRANGEMENT 

(No. XX-XX-YYYY-Num*) 

BETWEEN (or AMONG) 

(Delete non-participating PARTICIPANTS) 

THE DEPARTMENT OF DEFENCE OF AUSTRALIA 

AND 

THE DEPARTMENT OF NATIONAL DEFENCE OF CANADA 

AND 

THE NEW ZEALAND DEFENCE FORCE 

AND 

THE SECRETARY OF STATE FOR DEFENCE OF THE 

UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND 

AND 

THE DEPARTMENT OF DEFENSE OF THE UNITED STATES OF AMERICA 

CONCERNING 

(Full name of project) 

(SHORT TITLE: ofproject) 

* Where XX= two letter code for names of Contributing Participants; YYYY =projected year 

of entry into effect; and Num is a sequential number. 

76 
TABLE OF CONTENTS 

SECTION PAGE 

INTRODUCTION 

I DEFINITIONS (optional) 

II TEST AND EVALUATION (T&E) OBJECTIVES 

III SCOPE OF WORK 

IV SHARING OF TASKS AND ESTIMATED TEST SCHEDULE 

V MANAGEMENT 

VI FINANCIAL PROVISIONS 

VII TECHNICALDATAEXCHANGE 

VIII CONTRACTING PROVISIONS (optional) 

IX LEVEL OF CLASSIFICATION 

X PRINCIPAL ORGANIZATIONS INVOLVED 

XI EQUIPMENT AND MATERIAL TRANSFER (optional) 

XII SPECIAL PROVISIONS 

XIII AMENDMENT, TERMINATION, WITHDRAWAL, ENTRY INTO EFFECT, AND 

DURATION 

77 
INTRODUCTION 

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

to the Memorandum of Understanding (MOU) among the Department of Defence of Australia 

(ADOD), the Department ofNational Defence of Canada (CA DND), the New Zealand Defence 

Force (NZDF), the Secretary of State for Defence ofthe United Kingdom of Great Britain and 

Northern Ireland (UK MOD), and the Department of Defense of the United States of America 

(U.S. DoD) Concerning the Multinational Test and Evaluation Program (MTEP) Cooperation 

(the MTEP MOU), which entered into effect on (insert effective date of the MOU) and 

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

reference. 

The Contributing Participants of this CTE P A are: (list Contributing Participants .e.g. ADOD, 

UK MOD). 

SECTION I 

DEFINITIONS 

Drafting guidance: Include only those definitions pertinent to this CTE PA that have not been 

defined in the MTEP MOU. Abbreviations and acronyms will be noted after first use within 

the body of the CTE PA. 

SECTION II 

T &E 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 ---------------

SECTION III 

SCOPE OF WORK 

3 .1. The following TEP Activities will be performed under this CTE P A: 

3.1.1. Develop _________________ _ 

78 
3.1.2. Evaluate _______________ ; and 

3.1.3. Design, fabricate, and test ________________ _ 

SECTION IV 

SHARING OF TASKS AND ESTIMATED TEST SCHEDULE 

4.1. The sharing of tasks under this CTE PA will be as follows: 

4.1.1. TheADOD will: 

4.1.2. The CA DND will: 

4.1.3. The NZDF will: 

4.1.4. The UK MOD will: 

4.1.4. The U.S. DoD will: 

4.1.5. The ADOD, theCA DND, the NZDF, the UK MOD, and the U.S. DoD will 

jointly:---------

4.1.6. (Continue numbering and tasking as necessary. Remove all Non-Contributing 

Participants.) 

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 will be subject to change by any of the Contributing 

Participants. The Contributing Participants will keep each other, and their respective 

MAs, informed of potential schedule changes, de1ays, or cancellations. 

4.4. A final report will be transmitted to tire Contributing Participants' MAs no later tlran six 

months prior to the expiration of this P A. 

SECTIONV 

MANAGEMENT 

79 
Drafting guidance: Identify from the list below the Contributing Participants' Project 

Steering Committee member. Delete Participants that are not applicable. Note: If it is 

intended that any Contributing Participant will contract on behalf of one or more other 

Contributing Participants, a Steering Committee (SC) must be established. For PAs in which 

a SC is not necessary, remove reference to SC and continue on with POs as 5.1. and renumber 

remaining paragraphs as appropriate. 

5.1. The Steering Committee (SC) members are (if necessary): 

ADOD SC member Title/Position ----------

Organization 

CA DND SC member Title/Position ------------- Organization 

NZDF SC member Title/Position -------------- Organization 

UK MOD SC member Title/Position ----------

Organization 

U.S. DoD SC member Title/Position -------------- Organization 

(Drafting guidance: Identify from the list below the Contributing Participants' Project 

OffiCers. Delete Participants that are not applicable.) 

5.2. The Project Officers (POs) are: 

ADODPO Name 

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

Phone 

Emru1 

CADNDPO Name 

80 
Title/Position 

Organization 

Phone 

Email 

NZDFPO Name 

Title/Position 

Organization 

Phone 

Email 

UK MOD PO Name 

Title/Position 

Organization 

Phone 

Email 

U.S. DoD PO Name 

Title/Position 

Organization 

Phone 

Email 

5.3. Project offices will be established in (name of ADOD location if 

applicable), in (name of CA DND location if applicable), in (name 

of NZDF location if applicable}, in (name of UK MOD location if applicable), 

and in (name of U.S. DoD location if applicable). 

81 
5.4. The POs, and SC if one is established, will be responsible for management of those 

tasks listed as national responsibilities in Section IV (Sharing of Tasks and Estimated Test 

Schedule) of this CTE P A. 

5.5. Particular Management Procedures: 

Drafting guidance: Mention only those additional management responsibilities not covered 

under Section IV (Management (Organization and Responsibility)) of the MTEP MOU. 

If necessary, include frequency of SC meetings, voting rights, 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 Contributing Participant). 

Optional paragraph; use when CPP are to be assigned: 

5.6. Contributing Participants will assign Cooperative Project Personnel (CPP) to another 

Contributing Participant's facility to assist in administering this CTE P A. I>rovisions for the CPP 

provided are described in Annex C (Cooperative Project Personnel (CPP)), including Appendix 1 

(CPP Position Description) to Annex C and Appendix 2 (Certification of CPP Conditions and 

Responsibilities) to Annex C, to the MTEP MOU. 

SECTION VI 

FINANCIAL PROVISIONS 

6.1. Cooperative efforts of the Contributing Participants over and above the mutually 

determined tasks set out in this Section, Section III (Scope of Work), Section IV (Sharing of 

Tasks and Estimated Test Schedule), and Section VII (Contracting Provisions) of this CTE PA 

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

Drafting guidance: If a CTE PA will involve the assignment of Cooperative Project Personnel 

(CPP), the PA will include a provision that refers to paragraph 5.8. of Section V (Financial 

Provisions) of the MTEP MOU, identifies which Contributing Participants are sending or 

hosting CPP, and specifies the number ofCPP to be assigned. The CTE PA will also set out 

the responsibilities of the Contributing Participants for Costs and support of CPP, not already 

expressed in the MTEP MOU and Annex C, such as responsibilities for the Costs of working 

accommodation, duty travel and duty training. Such costs may be managed through a 

Financial Management Procedures Document (FMPD). 

Drafting guidance: An FMPD will be necessary where Alternative 2 is used. An FMPD may 

also be used for Alternative 1 where the cost or scale of the project is deemed sufficient to 

warrant one. The FMPD will include, as a minimum, financial points of contact for each 

Contributing Participant, schedule, handling,funding levels by year, auditing procedures for 

monetary contributions anticipated for the CTE PA, and any approval authorization 

82 
procedures for the expenditure of funds. It may also include a requirement for further 

financial reporting where necessary. 

Drafting guidance for Alternative 1: If a CTE PA will not involve a Contributing Participant 

Contracting for one or more other Contributing Participants, and no funds will be exchanged 

between the Contributing Participants, use the following format for the financial 

arrangements. Both Financial and Non-financial Costs should be included in the total Costs. 

Alternative 1 

6.2. The Contributing Participants' total Costs for this Project will be: 

6.2.1. The ADOD tasks will not Cost more than AS dollars 

6.2.2. The CA DND tasks will not Cost more than ___ CA dollars 

6.2.3. The NZDF tasks will not Cost more than ___ NZ dollars 

6.2.4. The UK MOD tasks will not Cost more than ___ UK pounds sterling 

6.2.5. The U.S. DoD tasks will not Cost more than ___ U.S. dollars. 

Or: 

Alternative 2: 

Drafting guidance for Alternative 2: If a CTE PA will involve one Contributing Participant 

Contracting for another Contributing Participant, or the Contributing Participants will 

transfer or exchange funds between or among them, use the following format for the financial 

arrangements. 

6.2. In no event will the Contributing Participant's Cost ceiling be exceeded without the prior 

written consent of the Contributing Participant(s). If there is reason to believe that this Cost 

ceiling will be exceeded, the Contributing Participants will immediately consult and set forth a 

new Cost ceiling together with supporting documentation. Contributing Participants will consult 

as soon as possible regarding the action to be taken in view of the revised Cost ceiling. 

83 

6.2.1. The Financial Cost ceiling for this Project will be (insert figure and indicate 

currency]. This Financial Cost ceiling may be changed only upon the mutual written 

consent of the Contributing Participants. The Financial Costs of the Project will be 

shared in accordance with the following percentages: 

6.2.1.1. ADOD, [insert percentage]; 

6.2.1.2. CA DND, [insert percentage]; 
6.2.1.3. NZDF, [insertpercentage]; 

6.2.1.4. UK MOD, [insertpercentage]; and 

6.2.1.5. U.S. DoD, [insert percentage]. 

6.2.2. The Non-financial Costs ceilings for each Contributing Participant, which may 

only be changed upon the mutual written consent of the Contributing Participants, will be as 

follows: 

6.2.2.1. ADOD, [insertfigure ]; 

6.2.2.2. CN DND, [insertfigure]; 

6.2.2.3. NZDF, [insertfigurej; 

6.2.2.4. UK MOD, {insert figure]; and 

6.2.2.5. U.S. DoD, [insertfigure]. 

6.3. The [insert currency] will be the reference currency for the Project and the fiscal year for 

the Project will be the [insert country and year] fiscal year. 

SECTION VII 

TECHNICAL DATA EXCHANGE 

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

technologies required to effect those tests. 

SECTION VIII 

CONTRACTING PROVISIONS (OPTIONAL) 

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

standard provisions contained in the MTEP MOU. Such "special" Contract provisions must 

be in accordance with the provisions of the MTEP MOU and this CTE PA. 

If the CTE PA does not involve any Contracting, this Section will be removed from the CTE 

PA and remaining Sections renumbered as appropriate. 

SECTION IX 

84 
LEVEL OF CLASSIFICATION 

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

9 .1. No Classified Information will be exchanged under this CTE P A. 

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

Confidential. (Drafting Guidance: This option is not available if the UK is participating.) 

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}. 

SECTION X 

PRINCIPAL ORGANIZATIONS INVOLVED 

Drafting guidance: List the organizations and facilities of the Contributing Participants. 

85 
SECTION XI 

EQUIPMENT AND MATERIAL TRANSFER 

11.1. If the Contributing Participants mutually determine that the cooperative efforts under this 

CTE PA require the transfer of Equipment and Material to the other Contributing Participants, a 

list of such Equipment and Material will be developed in accordance with the following table 

and Section VIII (Equipment and Material Transfers) of the MTEP MOU. In addition to the 

items listed in the table below, the POs will maintain a list of all Equipment and Material to be 

exchanged. 

Consumable/ • Estimated 

Providing Receiving Part/ Non- Transfer Security Replacement 

Participant Participant 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: 

I. In the event that the cooperative effort under the CTE PA requires the provision of 

Equipment and Material to a Contributing Participant, a list of such Equipment and 

Material must be developed in general accordance with the preceding table. 

(Equipment and Material that cannot be identified at the time ofCTE PA signature 

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

POs in the format above.) 

2. For jointly acquired or produced Equipment and Material, detailed plans and 

responsibility for acquisition, management, and disposal, in accordance with 

paragraphs 8.12.-8.14. of the MTEP MOU should be included in the CTE PA. 

86 
SECTION XII 

SPECIAL PROVISIONS 

12.1. All activities of the Contributing Participants under this CTE P A will be carried out in 

accordance with each Contributing Participant'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 Sections of this CTE PA or the MTEP MOU. 

SECTION XIII 

AMENDMENT, TERMINATION, WITHDRAWAL, ENTRY INTO EFFECT, AND 

DURATION 

13.1. This CTE PA between (or among) (insert Contributing Participants), pursuant to the 

MTEP MOU, will enter into effect upon signature of all Contributing Participants and will 

remain in effect for __ years/months unless terminated by the Contributing Participants in 

accordance with paragraphs 17.4. and 17.5. ofthe MTEP MOU. It may be extended by the 

written mutual determination of the Contributing Participants. A Participant may withdraw from 

this CTE P A in accordance with the provisions of paragraph 17 .6. of Section XVII (Amendment, 

Termination, Withdrawal, Entry into Effect, and Duration) of the MTEP MOU. 

87 
INSERT PROJECT ARRANGEMENT TITLE AND NUMBER HERE 

Drafting guidance: Delete signature blocks for any Participant that is not a Contributing 

Participant to this CTE PA. 

FOR THE DEPARTMENT OF 

DEFENCE OF AUSTRALIA 

Signature 

Name 

Title 

Date 

Location 

88 
INSERT PROJECT ARRANGEMENT TITLE AND NUMBER HERE 

FOR THE DEPARTMENT OF 

NATIONAL DEFENCE OF CANADA 

Signature 

Name 

Title 

Date 

Location 

89 
INSERT PROJECT ARRANGEMENT TITLE AND NUMBER HERE 

FOR THE NEW ZEALAND 

DEFENCE FORCE 

Signature 

Name 

Title 

Date 

Location 

90 
INSERT PROJECT ARRANGEMENT TITLE AND NUMBER HERE 

FOR THE SECRETARY OF STATE 

FOR DEFENCE OF THE UNITED 

KINGDOM OF GREAT BRITAIN AND 

NORTHERN IRELAND 

Signature 

Name 

Title 

Date 

Location 

91 
INSERT PROJECT ARRANGEMENT TITLE AND NUMBER HERE 

FOR THE DEPARTMENT OF 

DEFENSE OF THE 

UNITED STATES OF AMERICA 

Signature 

Name 

Title 

Date 

Location 

92 
ANNEXC 

COOPERATIVE PROJECT PERSONNEL (CPP) 

1. Purpose and Scope 

1.1. This Annex to the Memorandum of Understanding (MOU) among the Department 

of Defence of Australia, the Department of National Defence of Canada, the New 

Zealand Defence Force, the Secretary of State for Defence of the United Kingdom 

of Great Britain and Northern Ireland, and the Department of Defense ofthe 

United States of America, Concerning Multinational Test and Evaluation Program 

(MTEP) Cooperation (the MTEP MOU), the provisions of which are hereby 

incorporated by reference, establishes the provisions that will govern the conduct 

of Cooperative Project Personnel (CPP). The Parent Participant will assign 

military members or civilian employees to a Project at a facility of the Host 

Participant in accordance with Section IV (Management (Organization and 

Responsibility)) of the MTEP MOU and this Annex. CPP must be able to 

perform all the responsibilities assigned to them under the MTEP MOU and the 

relevant P A. Commencement of assignments will be subject to any requirements 

that may be imposed by the Host Participant or its Government regarding 

acceptance ofCPP, such as, but not limited to, visas and visit request 

documentation. The Steering Committee (SC) or Project Officers (POs) will 

determine the length of assignment for the positions at the time of initial 

assignment. 

1.2. CPP will be assigned to the Project establishment ofthe Host Participant for PA 

work and will report to their designated supervisor regarding that work. The POs 

will be responsible for the creation of a document describing the duties of each 

CPP position in accordance with Appendix 1 (Cooperative Project Personnel 

Position Description) to this Annex, which will be subject to approval by the SC, 

or the MAs if no SC is established. CPP will not act as liaison officers on behalf 

of the Parent Participant. 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 will 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 Participant's Government. 

2. Security 

93 

2.1. The POs, or SC if one is established, will 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 will 

be consistent with, and limited by, Section II (Objectives) and Section III (Scope 
94 

of Work) of the MTEP MOU and will be kept to the minimum required to 

accomplish the work assignments. 

2.2. The Parent Participant will file visit requests for the CPP through prescribed 

channels in compliance with the Host Participant's procedures. As part of the 

visit request procedures, the Parent Participant will cause security assurances to 

be filed, through the Parent Participant's Government embassy or High 

Commission located in the Host Participant's country, specifying the security 

clearances for the CPP being assigned. 

2.3. The Host Participant and Parent Participant will use their best efforts to ensure 

that CPP assigned to a Project at a facility of the Host Participant are aware of, 

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

Section IX (Disclosure and Use of Information), Section X (Controlled 

Unclassified Information), Section XI (Visits to Establishments), Section XII 

(Security), and Section XVII (Amendment, Termination, Withdrawal, Entry into 

Effect, and Duration) of the MTEP MOU and the provisions of the applicable PSI 

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

concerning the conditions and responsibilities of CPP, in accordance with 

Appendix 2 (Certification of Cooperative Project Personnel (CPP) Conditions and 

Responsibilities) to this Annex. 

2.4. CPP will at all time's be required to comply with the security and export control 

laws, regulations, and policies of the Host Participant's Government. Any 

violation of security procedures by CPP during their assignment will be reported 

to the Parent Participant 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 Participant. 

2.5. All Classified Information made available to CPP will be considered as Classified 

Information furnished to the Parent Participant, and will be subject to all 

provisions and safeguards provided for in Section XII (Security) of the MTEP 

MOU, the PSI, and the CG. 

2.6. CPP will not have personal custody of Classified Information or Controlled 

Unclassified Information unless approved by the Host Participant and as 

authorized by the Parent Participant. CPP will be granted access to such 

Information in accordance with Section X (Controlled Unclassified Information), 

and Section XII (Security) of the MTEP MOU, and with the PSI, during normal 

duty hours at the facility of the Host Participant and when access is necessary to 

perform PA work. 

2.7. CPP assigned to a Project at a facility of the Host Participant will not serve as a 

conduit between the Host Participant and Parent Participant for requests and/or 
transmission of Classified Information or Controlled Unclassified Information 

unless specifically authorized by the PSI. 

3. Teclmical and Administrative Matters 

95 

3.1. Consistent with the Host Participant's Government laws, regulations, and policies, 

and subject to applicable multilateral or bilateral agreements or arrangements, the 

following will apply: 

3 .1.1. CPP will be subject to the procedures and regulations of the Host 

Participant for personnel administration. 

3.1.2. CPP will be subject to the same restrictions, conditions, and privileges as 

Host Participant personnel of comparable rank and in comparable 

assignments. When applicable under Host Participant laws, CPP and their 

dependents will be accorded: 

3.1.2.1. exemption from any Host Participant's Government tax on 

income received from the Parent Participant; and 

3.1.2.2. exemption from any Host Participant'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 their dependents will be provided briefmgs arranged by the 

establishment of the Host Participant about applicable laws, orders, regulations, 

and customs and the need to comply with them. CPP and their dependents will 

also be provided briefings arranged by the facility of the Host Participant 

regarding entitlements, privileges, and obligations such as: 

3.2.1. Any medical and dental care that may be provided to CPP and their 

dependents at Host Participant medical facilities, subject to the requirements of 

applicable laws, regulations, and policies, and any applicable multilateral or 

bilateral agreements or arrangements; 

3.2.2. Purchasing and patronage privileges at military commissaries, exchanges, 

theaters, and clubs for CPP and their dependents, subject to the requirements of 

applicable laws, regulations, and any applicable multilateral or bilateral 

agreements or arrangements; 

3.2.3. The Host Participant will 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 Participant, will pay messing and housing 

charges to the same extent as Host Participant personnel. At locations where 

facilities are not provided by the Host Participant for its own personnel or 
96 

facilities are not available, the Parent Participant will make suitable arrangements 

for its CPP in accordance with its national laws, regulations and policies; and 

3.2.4. The Host Participant will provide office space and administrative support 

to CPP in accordance with the Host Participant's normal practice; and 

3.2.5. CPP and their dependents will 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 will be against such insurance. 

3.3. The establishment of the Host Participant or other facility to which CPP are 

assigned will, 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 Participant and Parent 

Participant; 

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

civilian personnel regulations and practices of the Host Participant and Parent 

Participant; and 

3.3.4. Performance evaluations, recognizing that such evaluations will be 

rendered in accordance with the Parent Participant's military or civilian personnel 

regulations and practices. 

3.4. CPP will conform to Host Participant laws in accordance with applicable 

international agreements or arrangements. CPP committing an offense 'under the 

laws of the Government of the Host Participant or Parent Participant may be 

withdrawn from the CPP assignment with a view toward further administrative or 

disciplinary action by the Parent Participant. Disciplinary action, however, will 

not be taken by the Host Participant against CPP, nor will the CPP exercise 

disciplinary powers over the Host Participant's personnel. In accordance with 

Host Participant's Government laws and regulations, the Host Participant will 

assist the Parent Participant in carrying out investigations of offenses involving 

CPP. 

3.5. During their assignment, CPP will not be placed in the following duty status or 

environments unless it is consented to in writing by the Parent Participant: 

3.5 .1. Areas of political sensitivity where their presence may jeopardize the 

interests of either the Host Participant or Parent Participant, or where, in the 
97 

normal course of their duty, CPP may become involved in activities that may 

embarrass either Participant; or 

3 .5.2. Deployments in non-direct hostility situations, such as UN peacekeeping 

or multinational operations, or in third countries; 

3.5.3. Duty assignments in which direct hostilities are likely. Should the office 

or facility to which CPP are assigned become involved in hostilities unexpectedly, 

assigned CPP will not be involved in the hostillties. Any such CPP approved by 

the Parent Participant for involvement in hostilities will be given specific 

guidance as to the conditions und~r which the assignment will be carried out by 

the appropriate authorities of the Host Participant and Parent Participant; or 

3.5.4. Other duty assignments as set out in applicable multilateral or bilateral 

agreements or arrangements. 

3.6. The Participants recognize that military personnel and civilian employees of a 

Participant, 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 

Participant, will, to the extent that they are so qualified, be members of a "Force" 

and "civilian component," respectively, within the meaning of the applicable 

multilateral or bilateral agreements with that Participant or applicable national 

legislation. Employees and agents of Contractors do not constitute a civilian 

component for the purposes of this paragraph. 

3.7. The Participants whose countries are NATO member countries recognize the 

following: 

3. 7 .1. The military and civilian employees of a Participant whose country is a 

NATO member country, assigned to duty with its Defense Department or 

Ministry for the purpose of working under this MTEP MOU, while present in the 

territory of another Participant whose country is a NATO member country, will, 

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

component" respectively within the meaning of Article I of the NATO Status of 

Forces Agreement (NATO SOFA), signed on 19 June 1951. Employees and 

agents of Contractors do not constitute a civilian component, and the NATO 

SOFA will not apply to them. 
APPENDIX 1 TO ANNEX C 

COOPERATIVE PROJECT PERSONNEL POSITION DESCRIPTION 

1. Position: 

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

Arrangement (P A). 

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 operational 

experience, military specialty similar to U.S. DoD Acquisition Program Manager and/or 

acquisition engineering experience.) The CPP will perform the following CTE P A tasks and 

responsibilities as mutually determined by the CTE PA Project Officers (POs). 

5. General categories ofinformation to which access will be required: (Insert appropriate 

categories of Information required to petform the duties outlined in this position description.) 

6. Description of specific duties: 

98 

a. CPP will be primarily responsible for (insert responsibilities, e.g., coordinating the 

administration of the CTE PA). CPP will require Information access to (insert 

specific Information access requirements.); 

b. Anticipated travel requirements and locations; 

c. The CPP will attend technical meetings and symposiums as required in performance of 

assigned duties; 

d. Reporting requirements (e.g., provide a monthly Project summary to the POs, and the 

SC, or MAs if no SC is established, as requested. This report will 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; 

f. In support of the CTE P A, advise the PO on respective national procurement and 

fielding policy, support, and logistics doctrine and organization; and 
99 

g. Where required, provide administrative support and coordination for the Steering 

Committee (SC), or POs if no SC is established, for various Project meetings. In 

particular, the CPP will (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 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 PA meetings and provide administrative support where necessary; 

and 

(7) Brief progress on the CTE PA to PO as directed above. 
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 o( 

organization to which assignedl pursuant to Project Arrangement (P A) [insert number and name 

of respective P A] under the Memorandum of Understanding among the Department of Defence 

of Australia, the Department of National Defence of Canada, the New Zealand Defence Force, 

the Secretary of State for Defence of the United Kingdom of Great Britain and Northern Ireland, 

and the Department of Defense ofthe United States of America Concerning Multinational Test 

and Evaluation Program Cooperation (MTEP MOU), which entered into effect [insert month. 

day, year] and remains in effect through [insert month, day, year]. In connection with this 

assignment, I further understand, acknowledge, and certify that I will comply with the following 

provisions and responsibilities: 

2. I understand that I have been assigned to work on the specific P A identified in paragraph 1, 

above, and as described in the Position Description (PD). There will be no access to Information 

except as required to perform the duties described in the PD for the P A to which I am assigned, 

as determined by my supervisor and the Project Officer of the [insert the CPP's Parent 

Participant]. 

3. I will perform only functions that are properly assigned to me as described in the PD for my 

assignment and will not act in any other capacity on behalf of my Parent Participant. 

4. All Information to which I may have access during this assignment will be treated as 

Information provided to my Government pursuant to the provisions of the MTEP MOU. 

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

matters, I will inform such individuals that I am a foreign Cooperative Project Person. 

6. I have been briefed on, understand, and will comply with all applicable security regulations of 

the Host Participant and the Host organization; and with all applicable laws and regulations of 

the Host Participant's Government concerning the protection, release, transfer, or export, both 

during and after the termination of my assignment, oflntellectual Property Information (such as 

Patents, copyrights, know-how, and trade secrets), Classified Information, Controlled 

Unclassified Information, and Information subject to export control laws and regulations, to 

which access might be granted under the MTEP MOU. 

100 
7. I will immediately report to the CTE P A Project Officers all unauthorized attempts to obtain 

from me Classified Information, Controlled Unclassified Information, proprietary information, or 

Information subject to export control laws and regulations to which I may have access as a result 

ofthis assignment. 

Signature 

Name 

Title 

Date 

101 
102 

ANNEXD-MODEL 

EQUIPMENT AND MATERIAL TRANSFER ARRANGEMENT 

NUMBER (E&MTA-XXXX) 

BETWEEN (or AMONG) 

(Delete non-participating PARTICIPANTS) 

THE DEPARTMENT OF DEFENCE OF AUSTRALIA 

AND 

THE DEPARTMENT OF NATIONAL DEFENCE OF CANADA 

AND 

THE NEW ZEALAND DEFENCE FORCE 

AND 

THE SECRETARY OF STATE FOR DEFENCE OF THE 

UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND 

AND 

THE DEPARTMENT OF DEFENSE OF THE UNITED STATES OF AMERICA 

CONCERNING THE TRANSFER OF 

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

FROM 

(Insert title of the providing Participant) 

TO 

(Insert title of the receiving Participant) 
TABLE OF CONTENTS 

SECTION PAGE 

INTRODUCTION 

.I DESCRIPTION AND QUANTITY 

II PURPOSE 

III MANAGEMENT AND RESPONSIBILITIES 

IV SPECIAL PROVISIONS (OPTIONAL) 

V CONTRACTING PROVISIONS (OPTIONAL) 

VI CLASSIFICATION 

VII AMENDMENT, TERMINATION, WITHDRAWAL, ENTRY INTO EFFECT, AND 

DURATION 

103 
INTRODUCTION 

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

Memorandum of Understanding Among the Department of Defence of Australia (ADOD), the 

Department of National Defence of Canada (CA DND), the New Zealand Defence Force 

(NZDF), the Secretary of State for Defence of the United Kingdom of Great Britain and 

Northern Ireland (UK MOD), and the Department of Defense of the United States of America 

(U.S. DoD) Concerning Multinational Test and Evaluation Program (MTEP) Cooperation (the 

MTEP MOU), which entered into effect (insert effective date of the MOU) and remains 

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

E&MTA is being executed by authorized representatives of the Contributing Participants 

pursuant to Section VIII (Equipment and Material Transfers) of the MTEP MOU. 

The Contributing Participants to this E&MT A are . (Indicate here which 

Contributing Participant is the providing Participant and which is the receiving Participant.) 

SECTION I 

DESCRIPTION AND QUANTITY 

1.1. The following Equipment and Material will be transferred by the providing Participant to 

the receiving Participant: 

Consumable/ • Estimated 

Providing Receiving Part/ Non-Consumable Transfer Security Replacement 

Participant Participant 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 Section is not intended to 

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

2.1.1. of Section II (Purpose) ofthis E&MTA. Whenever Equipment and Material 

includes Computer Software, the receiving Participant will, at the end of the loan period, 

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

Participant. 

104 
Alternative B: Use when return of Equipment and Material is not planned due to its 

consumption during the activity. 

1.2. The Equipment and Material described in paragraph 1.1. of this Section is intended to be 

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

2.1.1. of Section II (Purpose) ofthis E&MTA. 

SECTION II 

PURPOSE 

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

2.1.1. (Fill in as appropriate) 

SECTION III 

MANAGEMENT AND RESPONSIBILITIES 

3.1. Each Contributing Participant will designate a point of contact who will be responsible 

for implementing this E&MT A. 

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 Participant, the point of contact is: 

3.1.2. For the receiving Participant, the point of contact is: 

Drafting guidance: If applicable, identify from the list below the providing and receiving 

Participants' Steering Committee (SC) member. Delete Participants that are not applicable. 

For E&MTAs in which a SC is not necessary, remove all reference to SC, paragraph 3.2., and 

renumber remaining paragraphs as appropriate. 

3.2. The Steering Committee (SC) members are (if necessary): 

ADOD SC member Title/Position -------------------- Organization 

CA DND SC member Title/Position --------------------

105 
Organization 

NZDF SC member Title/Position ----------

Organization 

UK MOD SC member Title/Position ------------

Organization 

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

Organization 

3.3. Responsibilities of the providing Participant 

3.3.1. Transfer of the Equipment and Material. The providing Participant will transfer 

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

specified in paragraph 7.4. of Section VII (Amendment, Termination, 

Withdrawal, Entry into Effect, and Duration) ofthis E&MTA, unless extended by 

mutual written consent of the Contributing Participants. 

3.3.2. Equipment and Material Delivery. The providing Participant will deliver the 

Equipment and Material (specify arrangements). Possession and responsibility 

for the Equipment and Material will pass from the providing Participant to the 

receiving Participant 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 Participant unless otherwise specified in this 

paragraph. 

3.3.3. Information. The providing Participant will mark and furnish the receiving 

Participant such Information as is necessary to enable the Equipment and Material 

to be used in the activities described in subparagraph 2.1. of Section II (Purpose) 

of this E&MTA in accordance with Section IX (Disclosure and Use of 

Information) of the MTEP MOU. 

3.4. Responsibilities of the receiving Participant 

106 

3.4.1. Inspection and Inventory. The receiving Participant will inspect and inventory the 

Equipment and Material upon receipt. The receiving Participant will also inspect 

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

Participant, unless the Equipment and Material is consumed in accordance with 

subparagraph 3.4.2. of this Section. 

3.4.2. (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 7.3. of Section VII (Amendment, Termination, Withdrawal, 

Entry Into Effect, and Duration) of this E&MTA (taking into account any approved 

extensions by the Contributing Participant), the receiving Participant will return the 

Equipment and Material to the providing Participant (specify arrangements) 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 will pass from the receiving Participant to the providing Participant 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 Participant, the receiving 

Participant will issue a certificate of loss/destruction/irreparable damage to the providing 

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

Participant's national laws, regulations, and policies in accordance with paragraph 8.4. of 

Section VIII (Equipment and Material Transfers) of the MTEP MOU. 

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 Participant will 

consume the Equipment and Material specified in paragraph 1.1. of Section I 

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

in subparagraph 2.1.1. of Section II (Purpose) ofthis E&MTA. Ifthis does occur, the 

receiving Participant will provide written notice of its consumption to the providing 

Participant. In the event consumption does not occur prior to the end of the transfer 

period specified in paragraph 7.3. of Section VII (Amendment, Termination, Withdrawal, 

Entry Into Effect, and Duration) ofthis E&MTA, the receiving Participant will return the 

Equipment and Material to the providing Participant (specify arrangements) 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 will pass from the receiving Participant to the providing Participant 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 Participant, the receiving Participant will issue a certificate of 

loss/destruction/irreparable damage to the providing Participant and pay the replacement 

value as computed pursuant to the providing Participant's national laws, regulations, and 

policies in accordance with paragraph 8.4. of Section VIII (Equipment and Material 

Transfers) ofthe.MTEP MOU. 

3.5. A Test Report will be provided free of charge by the receiving Participant to the 

providing Participant within __ days after the completion of the transfer period. 

107 
3.6. This E&MTA provides only for transfer of Equipment and Material associated with the 

activities described in subparagraph 2.1. of Section II (Purpose) of this E&MTA. 

Signature of this E&MTA does not imply any commitment by a Participant to participate 

in any activities beyond the E&MT described herein. 

SECTION IV 

SPECIAL PROVISIONS (OPTIONAL) 

4.1. (Insert any special provisions as required.) 

SECTIONV 

CONTRACTING PROVISIONS (OPTIONAL) 

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

provisions contained in the MTEP MOU. Consider specific program requirements including 

manufacturing Information, manner of software delivery. If this Section is not required, 

delete this Section and re-number remaining Sections as appropriate. 

SECTION VI 

CLASSIFICATION 

6.1. (Select one of the following paragraphs.) 

6.1.1. No classified Equipment and Material will be transferred under this E&MT A. 

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

E&MTA is Confidential. (Drafting guidance: This option is not available if the 

UK is participating.) 

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

E&MTA is Secret. 

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

E&MTA is Top Secret. 

6.2. The existence of this E&MT A is [insert classification] and its contents are [insert 

classification]. 

SECTION VII 

108 
AMENDMENT, TERMINATION, WITHDRAWAL, ENTRY INTO EFFECT, AND 

DURATION 

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

written mutual consent of authorized representatives of the Contributing Participants in 

accordance with Section VIII (Equipment and Material Transfers) of the MTEP MOU. 

7 .2. The Contributing Participants may withdraw from or terminate this E&MT A in 

accordance with Section XVII (Amendment, Termination, Withdrawal, Entry into Effect, 

and Duration) of the MTEP MOU. 

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

transfer that accrued prior to tennination or expiration of the transfer period will continue 

to apply without limit of time in accordance with Section XVII (Amendment, 

Termination, Withdrawal, Entry into Effect, and Duration) of the MTEP MOU. 

7.4. The transfer period for the Equipment and Material described herein will be 

_____ . (Enter dates) 

7.5. This E&MTA enters into effect on the date of the last signature below, and unless 

terminated or extended, will remain in effect for __ (enter amount of time to allow for 

the transfer period, with enough time to resolve outstanding issues and provide 

reports.) 

109 
INSERT E&MTA NUMBER I TITLE HERE 

Drafting guidance: Delete signature blocks for any Participant that is not a Contributing 

Participant to this E&MTA. 

FOR THE DEPARTMENT OF 

DEFENCE OF AUSTRALIA 

Signature 

Name 

Title 

Date 

Location 

110 
INSERT E&MTA NUMBER I TITLE HERE 

FOR THE DEPARTMENT OF 

NATIONAL DEFENCE OF CANADA 

Signature 

Name 

Title 

Date 

Location 

111 

... -·-.. - : 
INSERT E&MTA NUMBER I TITLE HERE 

FOR Tiffi NEW ZEALAND 

DEFENCE FORCE 

Signature 

Name 

Title 

Date 

Location 

112 
INSERT E&MTA NUMBER I TITLE HERE 

FOR THE SECRETARY OF STATE 

FOR DEFENCE OF THE UNITED 

KINGDOM OF GREAT BRITAIN AND 

NORTHERN IRELAND 

Signature 

Name 

Title 

Date 

Location 

113 
INSERT E&MTA NUMBER I TITLE HERE 

FOR THE DEPARTMENT OF 

DEFENSE OF THE 

UNITED STATES OF AMERICA 

Signature 

Name 

Title 

Date 

Location 

114 
115 

ANNEXE-MODEL 

(Insert name ofWG) WORKING GROUP (WG) 

TERMS OF REFERENCE (TOR) 

BETWEEN (or AMONG) 

(Delete non-participating PARTICIPANTS) 

THE DEPARTMENT OF DEFENCE OF AUSTRALIA 

AND 

THE DEPARTMENT OF NATIONAL DEFENCE OF CANADA 

AND 

THE NEW ZEALAND DEFENCE FORCE 

AND 

THE SECRETARY OF STATE FOR DEFENCE OF THE 

UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND 

AND 

TIIE DEPARTMENT OF DEFENSE OF THE UNITED STATES OF AMERICA 

(SHORT TITLE: ofWG) 

... .- -~~ - . - ·-- - : .-. 
1. Authority. Mandatory: The Memorandum of Understanding Among the Department of 

Defence of Australia (ADOD), the Department ofNational Defence of Canada (CA DND), the 

New Zealand Defence Force (NZDF), the Secretary of State for Defence of the United Kingdom 

of Great Britain and Northern Ireland (UK MOD), and the Department of Defense of the United 

States of America (U.S. DoD) Concerning Multinational Test and Evaluation Program (MTEP) 

Cooperation (the MTEP MOU) , which entered into effect on and remains in effect 

until 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. The MTEP MOU provides for the establishment of 

Working Groups (WGs). These Terms of Reference (TOR) establish the (insert name ofWG) 

between (or among) (insert Contributing Participants). 

2. Definitions and Acronyms: 

(Provide any required definitions not included in the MTEP MOU.) 

3. Purpose: 

(Provide a short paragraph identifying the purpose of the WG. For example, '~ 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 Contributing Participants in such a way as to arrive at a 

jointly- determined position.) Examples follow: 

The (insert name of WG) will include activities covering the following areas: 

The (insert name of WG) will 

evaluate ... ; 

monitor •.. ; 

identify ... ; 

analyze ... ; 

investigate ... ; and 

facilitate .. . 

. • . studies beneficial to the Contributing Participants . 

. . . and seek technological solutions to those ... 

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

identification of potential PAs or E&MT As for (name of specific weapon system, etc.), and the 

coordination of the Contributing Participants' requirements prior to the formal staffing of a 

potential Project Arrangement (PA) or Equipment and Material Transfer Arrangement 

(E&MTA). 

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

etc.) programs in order to identify mutually beneficial T&E cooperative activities between the 

Contributing Participants. 

116 
Mandatory: Specific collaborative activities will be carried out in accordance with the MOU 

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

respective applicable laws and regulations of the Contributing Participants. 

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

existing international agreements or arrangements. 

4. Objectives: 

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

Example follows: 

Information on research conducted by each Contributing Participant 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&MTA leading to application ofthe technology will be discussed. 

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

arrangements. 

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 Contributing Participants are: 

(provide names, organizations, job titles, and contact information) 

Mandatory: Identify one WGLRfor each Contributing Participant. Include name, mailing 

address, email address, and phone number. 

The (insert name ofWG) consists ofrepresentatives from (organizations) as principals and 

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

The Contributing Participants will endeavor to ensure minimal tum-over of WG members. 

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 will not become members of the (insert name of WG). They may, however, 

become members of a sub-group established under this WG for a specific technology area or 

applicable TEP Activity. 

Mandatory: Identify how often the WG will meet and who will host and chair. 

117 
Example: WG meetings will be held at intervals as mutually determined by the WGLRs, but at 

least annually. The Contributing Participants will host and chair the meetings on a rotational 

basis. Minutes will be prepared and provided to (insert name of WG) members and to the 

MTEP MOU MAs within (specify time) following the meetings. Administrative support for 

these meetings will be the responsibility of the Contributing Participant hosting the meeting. 

Mandatory: Identify lzow decisions will be reached. 

Example: All decisions ofthe (insert name ofWG) will be unanimous. 

6. Exchange of Information: 

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

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

in accordance with Section III (Scope) and Section IX (Disclosure and Use ofinformation) of 

the MTEP MOU. Information will be furnished 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 [or all]. Contributing Participants. The provisions of Section X (Controlled 

Unclassified Information) and Section XII (Security) of the MTEP MOU 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 furnished in 

accordance with this TOR is used only by the Contributing Participants and then only for the 

purpose for which it has been furnished. 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 Participant. 

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/release restrictions, 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 of each Contributing 

Participant. 

7. General: 

Mandatory: There will not be any transfer of funds between [or among] the Contributing 

Participants pursuant to this TOR. In those cases where a PA 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. Contributing Participants will be responsible 

for their own Costs arising from this WG. 

118 
8. Non-Legal Status: 

Mandatory: This TOR constitutes an administrative procedure to coordinate T &E activities 

between (or among) the Contributing Participants. It is not the intent of the Contributing 

Participants 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 any Contributing Participant to incur 

Costs for the other Contributing Participants 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 MTEP MOU. 

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)lfill in before signature], unless 

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

the MAs. Any Contributing Participant may withdraw from the (insert name of WG) in 

accordance with Section XVII (Amendment, Termination, Withdrawal, Entry into Effect and 

Duration) of the MTEP MOU upon written notification to the other Contributing Participants. 

Drafting Guidance: The U4s will approve and sign this TOR. 

119 
INSERT WORKING GROUP TITLE HERE 

Drafting guidance: Delete signature blocks for any Participant that is not a Contributing Participant 

to this WG. 

FOR THE DEPARTMENT OF 

DEFENCE OF AUSTRALIA 

Signature 

Name 

Title 

Date 

Location 

120 
INSERT WORKING GROUP TITLE HERE 

FOR THE DEPARTMENT OF 

NATIONAL DEFENCE OF CANADA 

Signature 

Name 

Title 

Date 

Location 

121 
INSERT WORKING GROUP TITLE HERE 

FOR THE NEW ZEALAND 

DEFENCE FORCE 

Signature 

Name 

Title 

Date 

Location 

122 
INSERT WORKING GROUP TITLE HERE 

FOR 11ffi SECRETARY OF STATE 

FOR DEFENCE OF THE UNITED 

KINGDOM OF GREAT BRITAIN AND 

NORTHERN IRELAND 

Signature 

Name 

Title 

Date 

Location 

123 
INSERT WORKING GROUP TITLE HERE 

FOR THE DEPARTMENT OF 

DEFENSE OF THE 

UNITED STATES OF AMERICA 

Signature 

Name 

Title 

Date 

Location 

124