TREATIES AND OTHER INTERNATIONAL ACTS SERIES 06-807.1 

________________________________________________________________________ 

DEFENSE 

Communications 

 Memorandum of Understanding between 

the UNITED STATES OF AMERICA 

and the DOMINICAN REPUBLIC 

Signed August 7, 2006 
 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.” 
DOMINICAN REPUBLIC 

Defense: Communications 

 Memorandum of understanding signed August 7, 2006; 

 Entered into force August 7, 2006. 
07 - 002

MEMORANDUM OF UNDERSTANDING

BETWEEN

THE UNITED STATES NAVY

AND

THE DOMINICAN REPUBLICAN NAVY

CONCERNING THE INTER-AMERICAN NAVAL TELECOMMUNICATIONS

NETWORK

In order to promote the security of the Western Hemisphere and the voluntary

cooperation and understanding between the various Navies participating in the InterAmerican Naval Telecommunications Network (hereinafter referred to as the "IANTN")

and to improve the security of said Network, the United States Navy will provide the

Dominican Republican Navy cryptographic equipment (the term "equipment," as used in

this agreement, includes any related material) for use on the IANTN.

Now therefore, the Parties do mutually agree as follows:

1.- Title. The title to the equipment shall remain with the United States Navy. Except

as may be otherwise authorized by the United States Navy, the Dominican

Republican Navy shall keep the equipment in its own possession, custody and

control.

2.- Security. The Dominican Republican Navy shall adequately protect any

cryptographic equipment and classified information provided in accordance with

this agreement. The United States Navy will provide certain minimum-security

requirements as well as recommended, but not mandatory,_ security guidelines.

All classified information provided pursuant to this agreement shall be stored,

handled, transmitted, and safeguarded in accordance with the Parties' national

security laws and regulations. Each Party shall take all lawful steps available to it

to ensure that information provided pursuant to this agreement is limited to those

persons who possess security clearances and a specific need for access, and is

protected from further disclosure, unless the other Party consents to such

disclosure. Each Party shall ensure that: the recipient shall not release the

classified information to any government, national, organization, or other entity of

a Third Party without the prior written consent of the originating Party; and the

recipient shall undertake to maintain the security classification assigned to

information by the originating Party and shall afford such information the same

degree of security protection provided by the originating Party. Further, the

Parties shall investigate all cases in which it is known or where there are grounds

for suspecting that classified information provided pursuant to this agreement has

been lost or disclosed to unauthorized persons; each Party shall promptly and

fully inform the other Party of the details of any such occurrences, the final results

of the investigation, and the corrective action taken to prevent recurrences. For

any facility where classification information is to be used, the responsible Party

shall approve the appointment of persons to exercise effectively the

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1 (SCW), PAMLEGAL, USN

NOTARY PUBLIC

UNDER 10 U.S.C. 1044a

CERTIFIED TO BE A TRUE COPY
responsibilities for safeguarding at such facility the information transferred

through this agreement. The existence and contents of this agreement are

UNCLASSIFIED. The security reSponsibilities of the Parties contained in this

agreement shall continue notwithstanding the termination or expiration of this

agreement.

3.- Operation and use. The Dominican Republic Navy shall operate the equipment

in accordance with operating instructions and training to be provided by the

United States Navy. The equipment shalt be used only for communications

within the IANTN.

4.- Maintenance. All maintenance will be the responsibility of the United States

Navy. The Dominican Republican Navy shall perform only such maintenance as

specifically authorized by the United States Navy.

5.- Alterations. The Dominican Republican Navy shall not make any alterations or

additions to the equipment provided in accordance with this agreement without

prior consent of the United States Navy. All such alterations or additions shall

become the property of the United States Navy, except items that can be readily

removed without damage to the basic equipment and are removed prior to return

of the equipment. As a condition of its approval of any alterations or addition, the

United States Navy may require the Dominican Republican Navy to restore the

equipment to its prior condition.

6.- Risk or loss. The Dominican Republican Navy shall bear all risk of loss of or

damage to the equipment, not arising out of enemy action, during the term of this

Understanding and until its return to the United States Navy. In the event of such

loss or damage, the Dominican Republican Navy shall compensate the United

States Navy.

7.- Indemnification. The Dominican Republican Navy renounces all claims against

the United States Government, its officers, agents, and employees arising out of

or incidental to transfer, possession, use or operation of the equipment and will

indemnify and hold harmless the United States Government, its officers, agents,

and employees for any such claims of third parties.

8.- Delivery. Installation. Inspection and Return. Delivery of the cryptographic

equipment to the Dominican Republican Navy shall be at such time and place as

may be mutually agreed upon. The Dominican Republican Navy shall authorize

designated U.S. Navy personnel, military or civilian, to install or supervise the

installation of the equipment and to perform maintenance checks periodically

after installation. Immediately after the installation and delivery of the equipment

to the Dominican Republican Navy, representatives of the Dominican Republican

Navy and the United States Navy shall conduct an inventory and inspection of

the physical condition of the equipment, and shall produce a joint report of the

same (which shall also serve as a certification of delivery). The findings made in

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this report shall be conclusive evitietice • as to the physical condition of said

equipment as of the time of delivery. .A similar inspection, inventory and joint

report shall be made by the Partiei upon the return of the equipment (at a place

and time to be mutually agreed upon). The findings of that report shall be

conclusive evidence as to the physical condition of the equipment, and the

Dominican Republican Navy shall promptly compensate for any deficiency in

such equipment shown by the report.

9.• Reports and notifications. The Dominican Republican Navy shall notify by

message the IANTN Secretary and the U. S. Navy IANTN Detachment of:

a.- All required maintenance beyond that which the Dominican Republican Navy

is authorized to perform.

b.- Any security violations, including known or suspected compromise of the

cryptographic equipment, operating and maintenance instructions, key lists or

key list extracts whether through loss, theft, capture, salvage, unauthorized

viewing or by any other means.

10.- Exchange of defective equipment. Upon notification required by article 9.a.

above, the IANTN Secretary shall replace the malfunctioning equipment as

expeditiously as possible. The Dominican Republican Navy shall prepare the

malfunctioning equipment for pickup or delivery as specified by the IANTN

Secretary.

11.- Assignment of Personnel to IANTN Secretariat. Each Party may assign

personnel from its armed forces to serve in the capacity of Staff Member to the

IANTN Secretariat. The Parties will determine the commencement and

termination of the tour of duty by mutual agreement; in addition, the

commencement of the tour will be subject to fulfilling any applicable requirements

in accordance with those required in the U.S. Department of Defense

International Visits Program. All costs associated with the placement of foreign

personnel at the IANTN Secretariat will be the responsibility of the parent Party,

including, but not limited to salaries, travel expenses, and living expenses. While

assigned at the IANTN Secretariat, the foreign representatives will be required to

comply with all U.S. Department of Defense, U.S. Navy, Commander, U.S. Naval

Forces, Southern Command, and local installations rules and regulations.

Additional terms and conditions associated with the assignment to the IANTN

Secretariat will be certified by both parties by separate correspondence prior to

any assignment.

12.- Transfer. Installation. Removal and Operating Costs. The United States Navy

shall bear the cost of transferring the equipment to and from the Dominican

Republic. The Dominican Republican Navy shall bear the cost of preparing its

facility for installation or removal of the equipment. The United States shall bear

the cost of the equipment and its installation or removal. If installation or removal

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FOR FOR

THE UNITED STATES NAVY THE DOMINICAN REPUBLICAN

gag'

"11,W. STEVENSON, J. / CESAR AUG. DE WINDT RU

REAR ADMIRAL, UNI w► STATES NAVY Vicealmirante, M. de G.

COMMANDER, U.S. NAVAL FORCES SOUTHERN COMMAND

Date:

of the equipment is performed by the - Dominican Republican Navy under

supervision by the United States Navy, then such costs as incurred by the

Dominican Republican Navy shall be borne by the Dominican Republican Navy.

All operating costs and the cost of all maintenance that it is authorized to perform

shall be borne by the Dominican Republican Navy. All other maintenance costs

shall be borne by the United States Navy.

13.- Effective date. This agreement is effective from the date of the final signature

and shall remain in effect until terminated. Upon signature by the Parties, this

Agreement shall supersede the agreement of 10 August 1977 relating to the

same subject matter.

14.- Termination. This agreement may be terminated:

a.- By mutual agreement of the parties;

b.- By the Dominican Republican Navy upon written notice to the United States

Navy;

c.- By the United States Navy (i) during any national emergency declared by the

President of the United States of America or its Congress or (ii) upon written

notice to the Dominican Republican Navy.

IN WITNESS WHEREOF the undersigned, being duly authorized by their

respective Governments, have signed this agreement.

DONE in duplicate in the English and Spanish languages, each text being equally

authentic.

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