TREATIES AND OTHER INTERNATIONAL ACTS SERIES 13067 

________________________________________________________________________ 

DEFENSE 

Joint Anti-Armor Weapon 

System (JAAWS) Project 

 Memorandum of Understanding 

Between the 

UNITED STATES OF AMERICA 

and the UNITED KINGDOM OF 

GREAT BRITAIN AND 

NORTHERN IRELAND 

Signed at Quantico and Abbey Wood 

September 20 and October 1, 1999 

 
 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.” 
 UNITED KINGDOM OF GREAT BRITAIN 

 AND NORTHERN IRELAND 

 Defense: Joint Anti-Armor Weapon 

 System (JAAWS) Project 

Memorandum of understanding signed at 

 Quantico and Abbey Wood September 20 and October 1, 1999; 

Entered into force October 1, 1999. 
MEMORANDUM OF UNDERSTANDING

BETWEEN

THE SECRETARY OF DEFENSE ON BEHALF OF THE DEPARTMENT OF DEFENSE

OF THE UNITED STATES OF AMERICA

AND THE

SECRETARY OF STATE FOR DEFENCE

OF THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND

FOR THE

JOINT ANTI-ARMOR WEAPON SYSTEM (JAAWS) PROJECT

(Short Title: JAAWS Framework MOU)
JAAWS FRAMEWORK MOU

TABLE OF CONTENTS

INTRODUCTION 	 	1

SECTION I

DEFINITIONS 	 2

SECTION II

OBJECTIVES 	 6

SECTION III

SCOPE OF WORK 	 8

SECTION IV

MANAGEMENT (ORGANIZATION AND RESPONSIBILITY) 	 9

SECTION V

FINANCIAL PROVISIONS 	 11

SECTION VI

CONTRACTING PROVISIONS 	 12

SECTION VII

PROJECT EQUIPMENT 	 14

SECTION VIII

DISCLOSURE AND USE OF PROJECT INFORMATION 	15

SECTION IX

CONTROLLED UNCLASSIFIED INFORMATION 	18

SECTION X

VISITS TO ESTABLISHMENTS 	 20

SECTION XI

SECURITY 	 21

SECTION XII

THIRD PARTY SALES AND TRANSFERS 	 24

SECTION XIII

LIABILITY AND CLAIMS 	 26

SECTION XIV

PARTICIPATION OF ADDITIONAL NATIONS 	27

SECTION XV

CUSTOMS DUTIES, TAXES, AND SIMILAR CHARGES 	28

SECTION XVI

SETTLEMENT OF DISPUTES 	 29

SECTION XVII

AMENDMENT, TERMINATION, COMING INTO EFFECT, AND

DURATION i	 30
JAAWS FRAMEWORK MOU

INTRODUCTION

The Secretary of Defense on behalf of the Department of Defense

(DOD) of the United States of America and the Secretary of State

for Defence of the United Kingdom of Great Britain and Northern

Ireland (MOD), hereinafter referred to as the "Participants":

Recognizing the Agreement Concerning Defense Cooperation

Arrangements of 27 May 1993 between the Government of the

United States of America and the Government of the United

Kingdom of Great Britain and Northern Ireland will apply to

this MOU;

Recognizing the Governments of the Participants have entered

into the U.S./U.K. Memorandum of Understanding Relating to

the Principles Governing Cooperation in Research and

Development, Production, Procurement and Logistic Support of

Defence Equipment of 13 December 1994 or any successor

thereto;

Having a common interest in defense;

Recognizing the benefits to be obtained from

standardization, rationalization, and interoperability of

military equipments;

Desiring to improve their mutual conventional defense

capabilities through the application of emerging technology;

and,

Having mutual needs for light-weight anti-tank weapon

systems to satisfy common operational requirements and

recognizing the efforts of the individual anti-armor

programs in each Nation;

Have reached the following understandings:

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JAAWS FRAMEWORK MOU

SECTION I

DEFINITIONS

The Participants have jointly decided upon the following

definitions for terms used in this Memorandum Of Understanding

(MOU):

Classified	Official information that requires protection in

Information	the interests of national security and is so

designated by the application of a security

classification marking.

Contract	

Any mutually binding legal relationship which

obligates a Contractor to furnish supplies or

services, and obligates one or both of the

Participants to pay for them.

Contracting	The obtaining of supplies or services by Contract

from sources outside the government organizations

of the Participants. Contracting includes

description of supplies and services required,

solicitation and selection of sources,

preparation and award of Contracts, and all

phases of Contract administration.

Contracting	The entity within the government organization of

Agency	a Participant, which has authority to enter into,

administer, and terminate Contracts.

Contracting	A person representing a Contracting Agency of

Officer	a Participant who has the authority to enter

into, administer, and terminate Contracts.

Contractor	Any entity awarded a Contract by a Participant's

Contracting Agency.

Controlled	Unclassified information to which access or

Unclassified	distribution limitations have been applied in

Information	accordance with applicable national laws or

regulations. Whether the information is provided

or generated under this MOU, the information will

be marked to identify its "in confidence" nature.

It could include information which has been

declassified, but remains controlled.

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JAAWS FRAMEWORK MOU

Information

Joint AntiArmor Weapon

System (JAAWS)

Project

Manufacture or other use in any part of the

world by or for the armed forces of any

Participant.

The security office approved by national

authorities to be responsible for the security

aspects of this MOU.

Any Project costs that, due to their nature, will

be paid using monetary contributions from the

Participants.

Any information regardless of form or type

including, but not limited to, that of a

scientific, technical, business or financial

nature, and extending to reports, manuals, threat

data, experimental data, test data, designs,

specification, computer software and software

documentation, processes, techniques, inventions,

drawings, technical writings, sound recordings,

pictorial representations including photographs,

and other graphical representations, whether in

magnetic tape, computer memory or any other

form and whether or not subject to copyright,

Patent, or other legal protection.

A three-phased effort for cooperation in the

development, production, support/disposal

of a family of anti-armor weapons and

supporting equipment based on the U.S. Predator

(also referred to herein as the "Project").

The U.K. competitive programme to procure a

light anti-armour weapon and supporting

equipment (e.g., trainers and spares) to replace

the current in-service U.K. LAW system, LAW 80.

Any Project costs that, due to their nature, will

be met using non-monetary contributions from the

Participants.

Defense

Purposes

Designated

Security

Authority

(DSA)

Financial

Costs

Next

generation

Light antiArmour Weapon

project (NLAW)

Non-financial

Costs

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JAAWS FRAMEWORK MOU

Patent

Phase I

Phase II

Legal protection of the right to exclude others

from making, using, or selling 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.

As detailed in the Phase I PA, activities

conducted in conjunction with the MOD NLAW

Project Definition (PD) and down-selection effort

and the DOD Predator Engineering, Manufacturing

and Development (EMD) effort.

The full development and production (FD&P),

initial support (IS), and initial post design

services (PDS), phase of the Project as detailed

in a PA.

Phase III	The further support (FS), further PDS, and

disposal effort conducted by the Participants

beyond Phase II and as detailed in a PA.

Predator	The U.S. one man-portable fire-and-forget system,

designed to defeat the next generation advanced

armor threats.

Project	See JAAWS definition.

Project	Supplemental arrangements to the MOU that

Arrangement	describe specific JAAWS collaborative activities

(PA)	undertaken in Phase I, Phase II, and Phase III of

the Project.

Project	Any material, equipment, end item, subsystem,

Equipment	component, special tooling or test equipment used

in the Project.

Project	

Project Information not generated in the

Background	

performance of the Project.

Information

Project	Project Information generated in the performance

Foreground	of the Project.

Information

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JAAWS FRAMEWORK MOU

Project	Any information provided to, generated in, or

Information	used in the Project.

Project	Any invention or discovery formulated or made

Invention	(conceived or first actually reduced to practice)

in the course of work performed under the

Project. The term "first actually reduced to

practice" means the first demonstration,

sufficient to establish to one skilled in the art

to which the invention pertains, of the

operability of an invention for its intended

purpose and in its intended environment.

Third Party	Any person or other entity whose government is

not a Participant to this MOU.

5
JAAWS FRAMEWORK MOU

SECTION II

OBJECTIVES

2.1. The Participants desire to establish a framework within this

MOU that will enable timely and effective collaboration in the

Joint Anti-Armor Weapon System (JAAWS) Project.

2.2. The objectives of the Project are to:

2.2.1. Facilitate MOD consideration during NLAW project

definition and down-selection of an enhanced

Predator to meet its NLAW system requirements.

2.2.2. Facilitate DOD consideration of NLAW project

definition results within DOD Predator programs.

2.2.3. If an enhanced Predator is selected by the UK as its

NLAW solution, establish a joint program to:

2.2.3.1. Maximize commonality and interoperability.

2.2.3.2. Reduce unit cost via cooperative

production.

2.2.3.3	Conduct collaborative support and disposal

activities.

2.2.3.4. Identify future product improvements.

2.3. The above objectives will be accomplished under Project

Arrangements (PAs) which will address each of the following

Phases: project definition (PD), full development and production

(FD&P), initial support (IS), post design services (PDS),

further support (FS), further PDS and disposal.

2.4. The PAs will be governed by the provisions of this MOU,

known as the framework MOU. The PAs will be entered into in

accordance with this MOU, and will incorporate, by reference, the

provisions of this MOU. Each PA will include specific

provisions, consistent with this MOU, concerning (but not limited

to) the PA's objectives, scope, management, financial provisions,

contracting provisions, use of Project Equipment, disclosure and

use of Project Information, security, Third Party sales and

transfers, liability and claims, and amendment, termination,

coming into effect, and duration. In the case of a conflict

between the provisions of this MOU and a PA, the MOU will govern.

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JAAWS FRAMEWORK MOU

However, a PA may contain specific provisions which deviate from

the provisions of this MOU for the specific purposes of the PA,

provided such deviations are identified.

2.5. It is the intent of the Participants to maximize commonality

of weapon production through the Project. However, the

Participants recognize that the DOD Predator program may continue

7

in parallel with the JAAWS Project beyond the start of Phase II.
JAAWS FRAMEWORK MOU

SECTION III

SCOPE OF WORK

3.1. The overall work to be carried out under the Project will be

conducted over three Phases and will encompass the following:

3.1.1. Under Phase I, the exchange of data, coordination

of tests, and mutual witnessing of trials by the

Participants during MOD NLAW project definition and

down-selection and DOD Predator EMD.

3.1.2. Under Phase II, the development, test, production,

and initial support including initial PDS of the

enhanced weapons and associated equipment.

3.1.3. Under Phase III, further support including further

PDS, and disposal, conducted jointly by the

Participants after the system has reached inservice use.

3.2. The Participants also recognize that there may be additional

MOD sponsored risk reduction activities during NLAW downselection in order to bring forward the JAAWS in-service date.

3.3. To the degree the MOD requires DOD technical support,

services, use of facilities, and other coordination activities in

support of the MOD NLAW project definition and down-selection

only, the MOD will reimburse the DOD for such expenses. This

reimbursement will recognize and compensate DOD effort in a

competitive environment.

3.4. The Participants recognize that participation in Phase II

and Phase III is subject to the MOD selecting the DOD Predator to

enter NLAW full development and production, initial support and

PDS and the implementation of PAs for those phases.

8
JAAWS FRAMEWORK MOU

SECTION IV

MANAGEMENT (ORGANIZATION AND RESPONSIBILITY)

4.1. A Framework MOU Steering Committee (SC) will be established,

comprised of a senior representative of each Participant. The SC

will facilitate full consultation between the Participants.

4.2. The SC will meet annually with additional meetings held at

the request of either representative. The location of the SC

meetings will alternate and each meeting will be chaired by the

representative of the Participant hosting the meeting. Decisions

of the SC will be made unanimously. In the event that the SC is

unable to reach a timely decision on an issue, each SC

representative will refer the issue to its higher authority for

resolution.

4.3. The SC will be responsible for:

4.3.1.

4.3.2.

4.3.3.

4.3.4.

Monitoring overall Project implementation,

including Project execution, specifications,

milestones, cost and financial requirements.

Monitoring the financial status of the Project to

ensure compliance with the provisions of Section V

(Financial Provisions) of this MOU and the

Financial Provisions of the Phase PAs.

Reviewing and forwarding to the Participants for

approval, recommended amendments to this MOU and

any Phase PA in accordance with Section XVII

(Amendment, Termination, Coming Into Effect, and

Duration).

Approving plans to manage and control the transfer

of Project Equipment provided by either

Participant.

4.3.5.	Approving plans for the disposal of jointly

acquired Project Equipment.

4.3.6. Maintaining oversight of the security aspects of

the Project, including reviewing and obtaining

approval from the appropriate Designated Security

Authority of the Project Security Instruction and

a Classification Guide (as detailed in Section XI

9
JAAWS FRAMEWORK MOU

4.3.7.

4.3.8.

(Security)) prior to any transfer of Classified

Information or Controlled Unclassified

Information.

Providing recommendations to the Participants for

the addition of new Participants in accordance

with Section XIV (Participation of Additional

Nations).

Monitoring Third Party sales and transfers

authorized in accordance with Section XII (Third

Party Sales and Transfers).

4.4. Each Phase PA will contain provisions for the management

structure and responsibilities specific to that PA.

1 0
JAAWS FRAMEWORK MOU

SECTION V

FINANCIAL PROVISIONS

5.1. Each Participant will contribute its equitable share of the

total Costs of the Project and will receive an equitable share of

the results.

5.2. This framework MOU creates no financial responsibilities

regarding individual Phase PAs. Each PA will establish the

Financial and Non-financial contributions of the Participants

regarding the Phase described therein, including the total

estimated cost of the PA effort and each Participant's share of

the total estimated cost. The Participants will make funds

available in such amounts and at such times as may be required

for a specific Phase PA.

5.3. A Participant will promptly notify the other Participant if

available funds are not adequate to fulfill its responsibilities

under this MOU or its Phase PAs. If a Participant notifies the

other Participant that it is terminating or reducing its funding

for this Project, both Participants will immediately consult with

a view toward continuation on a modified basis.

5.4 Each Participant will be responsible for the audit of the

procurement activities for which it is responsible under a PA in

accordance with its own national practices. Each Participant's

reports of such audits will be promptly made available to the

other Participant. For PAs where funds are transferred from one

Participant to the other Participant, the receiving Participant

will be responsible for internal audit regarding administration

of the other Participant's funds in accordance with national

practices. Audit reports of such funds will be promptly made

available by the receiving Participant to the other Participant.

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JAAWS FRAMEWORK MOU

SECTION VI

CONTRACTING PROVISIONS

6.1. Each Phase PA will detail each Participant's responsibility

for Contracting for the purposes of that PA. Each Participant

will use its respective national Contracting procedures when

contracting for the purposes of a Phase PA. When a Participant

contracts for a Phase PA, that Participant's Contracting Officer

will be the exclusive source for providing contractual direction

and instructions to Contractors.

6.2. When a Participant performs Contracting for the purposes of

a Phase PA, that Participant's Contracting Officer will insert

into prospective and existing Contracts (and require its

Contractors to insert in subcontracts) suitable terms and

conditions to satisfy the requirements of this MOU including,

Section VIII (Disclosure and Use of Project Information), Section

IX (Controlled Unclassified Information), Section XI (Security)

Section X (Visits to Establishments), and Section XII (Third

Party Sales and Transfers), plus any corresponding Phase PA

provisions concerning disclosure and use of Project Information,

Controlled Unclassified Information, security, and Third Party

sales and transfers. Each Participant's Contracting Officer will

negotiate to obtain the rights to use and disclose Project

Information required by Section VIII (Disclosure and Use of

Project Information). During the Contracting process, each

Participant's Contracting Officer will advise prospective

Contractors of their responsibility to notify their respective

Participant's Contracting Agency immediately, before Contract

award, if they are subject to any license or agreement that will

restrict their freedom to disclose Project Information or permit

its use. Each Participant's Contracting Officer will also advise

prospective Contractors to employ their best efforts not to enter

into any new agreement or arrangement that will result in

restrictions.

6.3. In the event a Participant's Contracting Officer is unable

to secure adequate rights to disclose and use Project Information

during the course of a Phase PA or is notified by Contractors or

prospective Contractors of any restrictions on the rights to

disclose and use such information that is not in accordance with

this MOU or a relevant PA, the matter will be brought to the

attention of the appropriate project manager (PM) of that Phase

PA, who will raise the issue with the SC.

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JAAWS FRAMEWORK MOU

6.4. Each Participant's Contracting Officer will advise the

appropriate PM of that Phase PA immediately of any anticipated or

actual cost growth, schedule change, or performance problems in

connection with a Contract placed by the Contracting Agency which

he represents.

6.5. No requirement will be imposed by either Participant for

work sharing or other industrial or commercial compensation in

connection with this MOU that is not in accordance with this MOU.

6.6. The goal of the Participants is that there should be an

equitable work share for the Project, although no specific work

share will be demanded. The Participants will consider any work

sharing arrangements proposed by the JAAWS Contractor which

represent value for money resulting from a reduced overall

Project cost, a product of a higher technical merit, reduced

procurement timescales or a combination of all three.

13
JAAWS FRAMEWORK MOU

SECTION VII

PROJECT EQUIPMENT

7.1. Each Participant may provide Project Equipment identified as

being necessary for executing a Phase PA under this MOU to the

other Participant. The associated Phase PA will contain

provisions concerning the management, use, testing, retention and

disposal of such Project Equipment, including the requirement for

development and maintenance of a list of all Project Equipment

provided by one Participant to the other under the Phase PA.

7.2. Each Phase PA will address the management, use, testing,

retention, and disposal of any Project Equipment which is jointly

acquired on behalf of both Participants for use under a Phase PA,

including the requirement for development and maintenance of a

list of all jointly acquired Project Equipment.

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JAAWS FRAMEWORK MOU

SECTION VIII

DISCLOSURE AND USE OF PROJECT INFORMATION

8.1. Both Participants recognize that successful collaboration

depends on full and prompt exchange of information necessary for

carrying out each Phase PA. The Participants intend to acquire

sufficient Project Information and rights to use such information

to enable them to achieve the objectives of each Phase PA.

8.2. Each Phase PA will detail the arrangements for the

disclosure and use of Project Information by the Participants in

that Phase. As it is anticipated that there will be seamless

transition between the individual Phase PAs, there will be no

need for exchange of Project Information outside of the

provisions of the applicable PA.

8.3. Proprietary Project Information

8.3.1.

8.3.2.

8.4. Patents

All Project Information subject to proprietary

interests will be identified and marked, and it

will be handled as Controlled Unclassified

Information or as Classified Information if

classified.

The provisions of the NATO Agreement on the

Communication of Technical Information for Defence

Purposes, done at Brussels on 19 October 1970, and

the Implementing Procedures for the NATO Agreement

on the Communication of Technical Information for

Defence Purposes, approved by the North Atlantic

Council on 1 January 1971, will apply to

proprietary Project Information related to this

MOU.

8.4.1	Each. Participant will include in all its Contracts

a provision governing the disposition of rights in

regard to Project Inventions and Patent rights

relating thereto, which either;

8.4.1.1

	Provides that the Participant will hold title

to all Project Inventions together with the

right to make Patent application for the

15
JAAWS FRAMEWORK MOU

same, free of encumbrance from the

Contractor, or

8.4.1.2	Provides that the Contractor will hold title

(or may elect to retain title) for Project

Inventions together with the right to make

Patent applications for the same, while

securing for the Participant a license for

the Project Inventions, and any Patents

therefor, on terms in compliance with the

provisions of paragraph 8.4.2 below.

8.4.2	In the event that a Contractor holds the title (or

elects to retain title) for a Project Invention,

the Contracting Participant will secure for both

Participants non-exclusive, irrevocable, royaltyfree licenses under all Patents secured for the

invention, to practice or have practiced the

patented Project Invention for Defense Purposes

throughout the world.

8.4.3.

8.4.4.

8.4.5.

Where a Participant owns title to a Project

Invention, or has the right to receive title to a

Project Invention, that Participant will consult

with the other Participant regarding the filing of

a Patent application for such Project Invention.

The Participant which has or receives title to

such Project Invention will, in other countries,

file, cause to be filed, or provide the other

Participant with the opportunity to file on behalf

of the Participant holding title, or its

Contractors, as appropriate, Patent applications

covering that Project Invention. If a Participant

having filed or caused to be filed a Patent

application decides to stop prosecution of the

application, that Participant will notify the

other Participant of that decision and permit the

other Participant to continue the prosecution.

The other Participant will be furnished with

copies of Patent applications filed and Patents

granted with regard to Project Inventions.

The other Participant will acquire a nonexclusive, irrevocable, royalty-free license

under all Patents secured for any project

Invention, to practice or have practiced the

patented project Invention for defense Purposes

throughout the world.

16
JAAWS FRAMEWORK MOU

8.4.6.

8.4.7.

Patent applications which contain Classified

Information will be protected and safeguarded in

accordance with the requirements contained in the

NATO Agreement for the Mutual Safeguarding of

Secrecy of Inventions Relating to Defense and for

Which Applications for Patents Have Been Made,

done in Paris on 21 September 1960, and its

Implementing Procedures.

Each Participant will notify the other Participant

of any Patent infringement claims made in its

territory arising in the course of work performed

under the Project. Insofar as possible, the other

Participant will provide information available to

it that may assist in defending the claim. Each

Participant will be responsible for handling all

Patent infringement claims made in its territory,

and will consult with the other Participant during

the handling, and prior to any settlement, of such

claims. The Participants will, where it is in

accordance with their national laws and practices,

give their authorization and consent for all use

and manufacture in the course of work performed

under the Project of any invention covered by a

Patent issued by their respective countries.

17
JAAWS FRAMEWORK MOU

SECTION IX

CONTROLLED UNCLASSIFIED INFORMATION

9.1. Except as otherwise provided in this MOU or as authorized in

writing by the originating Participant, Controlled Unclassified

Information provided or generated pursuant to this MOU will be

controlled as follows:

9.1.1.

9.1.2.

Such information will be used only for the

purposes authorized for use of Project Information

as specified in Section VIII (Disclosure and Use

of Project Information) and any applicable PA

provisions.

Access to such information will be limited to

personnel whose access is necessary for the

permitted use under subparagraph 9.1.1. and will

be subject to the provisions of Section XII (Third

Party Sales and Transfers), and any applicable

corresponding Phase PA provisions.

9.1.3.	Each Participant will take all lawful steps, which

may include national classification, available to

it to keep such information free from further

disclosure (including requests under any

legislative provisions), except as provided in

subparagraph 9.1.2., 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.

9.2. To assist in providing the appropriate controls, the

originating Participant will ensure that Controlled Unclassified

Information is appropriately marked. The Participants will

decide, in advance and in writing, on the markings to be placed

on the Controlled Unclassified Information. The appropriate

markings will be defined in the Project Security Instruction.

9.3. Controlled Unclassified Information provided or generated

pursuant to this MOU will be handled in a manner that ensures

control as provided for in paragraph 9.1.

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JAAWS FRAMEWORK MOU

9.4. 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.

19
JAAWS FRAMEWORK MOU

SECTION X

VISITS TO ESTABLISHMENTS

10.1. Each Participant will permit visits to its government

establishments, agencies and laboratories, and Contractor

industrial facilities by employees of the other Participant or by

employees of the other Participant's Contractor(s), provided that

the visit is authorized by both Participants and the employees

have any necessary and appropriate security clearances and a

need-to-know.

10.2. All visiting personnel will be required to comply with

security regulations of the host Participant. Any information

disclosed or made available to visitors will be treated as if

supplied to the Participant sponsoring the visiting personnel,

and will be subject to the provisions of this MOU.

10.3. Requests for visits by personnel of one Participant to a

facility of the other Participant will be coordinated through

official channels, and will conform with the established visit

procedures of the host country. Requests for visits will bear

the name of this MOU and, as applicable, the specific Phase PA

associated with the visit.

10.4. Lists of personnel of each Participant required to visit,

on a continuing basis, facilities of the other Participant will

be submitted through official channels in accordance with

Recurring International Visit Procedures.

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JAAWS FRAMEWORK MOU

SECTION XI

SECURITY

11.1. All Classified Information or material provided or

generated pursuant to this MOU will be stored, handled,

transmitted, and safeguarded in accordance with the General

Security Agreement between the United Kingdom of Great Britain

and Northern Ireland and the United States of America, of 14

April 1961, amended 5 July and 19 December 1983, and including

the Industrial Security Annex thereto, of 18 April 1984, amended

23 April 1988.

11.2. Classified Information and material will be transferred

only through official government-to-government channels or

through channels approved by the Designated Security Authorities

(DSAs) of the Participants. Such information and material will

bear the level of classification, denote the country of origin,

the conditions of release, and the fact that the information

relates to this MOU, and as applicable, to the pertinent Phase

PA. Each Participant will take steps to facilitate the transfer

of such Classified Information and material in a timely manner.

11.3. Each Participant will take all lawful steps available to

it to ensure that Classified Information and material provided or

generated pursuant to this MOU is protected from further

disclosure, unless the other Participant consents to such

disclosure. Accordingly, each Participant will ensure that:

11.3.1.	The recipient will not release the Classified

Information and material 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 detailed in Section XII (Third Party

Sales and Transfers), and any applicable

corresponding Phase PA provisions.

11.3.2.	The recipient will not use the Classified

Information and material for other than the

purposes provided for in this MOU, and any

applicable corresponding Phase PA provisions.

11.3.3.	The recipient will comply with any distribution

and access restrictions on Classified Information

and material that is provided under this MOU.

11.4. The Participants will investigate all cases in which it is

21
JAAWS FRAMEWORK MOU

known or where there are grounds for suspecting that Classified

Information or material provided or generated pursuant to this

MOU has been lost or disclosed to unauthorized persons. Each

Participant will promptly and fully inform the other Participant

of the details of any such occurrences, and of the final results

of the investigation and of the corrective action taken to

preclude recurrences.

11.5. The DSA of the country which awards a Contract requiring

access to Classified Information will assume

responsibility for administering within its territory

security measures for the protection of that Classified

Information, in accordance with its laws and regulations.

Prior to the release to a Contractor, prospective

Contractor, or subcontractors of any classified

information received under this MOU, the DSAs will:

11.5.1. Ensure that such Contractor, prospective

Contractor or subcontractors and their facilities

have the capability to protect the information

adequately.

11.5.2. Grant a security clearance to the facilities, if

appropriate.

11.5.3. Grant a security clearance for all personnel whose

duties require access to Classified Information,

if appropriate.

11.5.4. Ensure that all persons having access to the

information are informed of their responsibilities

to protect the information in accordance with

national security laws and regulations, and the

provisions of this MOU.

11.5.5. Carry out periodic security inspections of cleared

facilities to ensure that the Classified

Information is properly protected.

11.5.6. Ensure that access to the Classified Information

is limited to those persons who have a need-toknow for purposes of the MOU.

11.6. The appropriate Project Manager (PM) will prepare a

Project Security Instruction and a Classification Guide if

required by the Phase PA. The Project Security Instruction and

the Classification Guide will describe the methods by which

Project Information and material will be classified, marked,

22
JAAWS FRAMEWORK MOU

used, transmitted, and safeguarded. The Instruction and Guide

will be developed by the appropriate PM within three months after

a Phase PA comes into effect. They will be reviewed by the

Steering Committee, forwarded to the appropriate DSA for

publication, and will be applicable to all government and

Contractor personnel participating in the Project. The

Classification Guide will be subject to regular review and

revision by the PM with the aim of downgrading the classification

whenever this is appropriate.

11.7. Contractors, prospective Contractors, or subcontractors

who 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 and material provided or

generated pursuant to this 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 and

material. If enforceable measures are not in effect to preclude

access by nationals or other entities of a Third Party, the other

Participant will be consulted for approval prior to permitting

such access.

11.8. For any facility wherein Classified Information or

material is to be used, the responsible Participant or Contractor

will approve the appointment of a person or persons to exercise

effectively the responsibilities for safeguarding at such

facility the Classified Information or material pertaining to

this MOU. These officials will be responsible for limiting

access to Classified Information or material involved in this MOU

to those persons who have been properly approved for access and

have a need-to-know.

11.9. Each Participant will ensure that access to the Classified

Information and material is limited to those persons who possess

requisite security clearances and have a specific need for access

to the information and material in order to participate in the

Project.

11.10. Project Information or material provided or generated

pursuant to this MOU may be classified as high as SECRET. The

existence of this MOU is UNCLASSIFIED and the contents are

UNCLASSIFIED.

23
JAAWS FRAMEWORK MOU

SECTION XII

THIRD PARTY SALES AND TRANSFERS

12.1. Unless specifically modified in a Phase PA, the following

provisions will apply to any proposed Third Party Sales or

Transfers of Project Information and Project Equipment:

12.1.1. Except to the extent permitted in a Phase PA, the

Participants will not sell, transfer title to,

disclose, or transfer possession of Project

Foreground Information or jointly acquired Project

Equipment to any Third Party without the prior

written consent of the other Participant.

Furthermore, neither Participant will permit any

such sale, disclosure, or transfer, including by

the owner, without the prior written consent of

the other Participant. Such consent will not be

given unless the government of the intended

recipient consents in writing with the

Participants that it will:

12.1.1.1. not retransfer, or permit the further

retransfer of, any Project Equipment or

Information provided; and

12.1.1.2. use, or permit the use of, any Project

Equipment or Information provided only

for the purposes specified by the

Participants.

12.2. A Participant will not sell, transfer title to, disclose,

or transfer possession of Project Equipment or Project

Background Information provided by the other Participant to any

Third Party without the prior written consent of the Participant

which provided such equipment or information. The providing

Participant will be solely responsible for authorizing such

transfers and, as applicable, specifying the method and

provisions for implementing such transfers.

12.3. Sales and other transfers of equipment developed or

Project Foreground Information generated under this MOU may

attract a levy to be shared between the Participants according

to their contributions to the Project. Prior to any such sale or

transfer, the amounts of any levy and the procedures for

assessing and distributing such levy will be mutually determined

by both Participants.

24
JAAWS FRAMEWORK MOU

12.3.1 Specific details of the levy rates will be

specified in the contracts for each phase of the

Project

12.3.2 A Participant may reduce or waive recovery of

its share of the levy in accordance with its

national laws, regulations and practices.

25
JAAWS FRAMEWORK MOU

SECTION XIII

LIABILITY AND CLAIMS

13.1. Claims arising under the Phase PAs to this MOU will be

dealt with under paragraph 1. of the Agreement Concerning Defense

Cooperation Arrangements of 27 May 1993. Any cost sharing

arrangements under paragraph 1(b)(ii) of that Agreement will be

specified in each individual PA.

26
JAAWS FRAMEWORK MOU

SECTION XIV

PARTICIPATION OF ADDITIONAL NATIONS

14.1. It is recognized that other national defense organizations

may wish to join the Project under this MOU and any of its Phase

PAs.

14.2. Mutual consent of the Participants will be required to

conduct discussions with potential additional participants. The

Participants will discuss the arrangements under which another

participant might join, including the furnishing of releasable

Project Information for evaluation prior to joining. If the

disclosure of Project Information is necessary to conduct

discussions, such disclosure will be in accordance with Section

VIII (Disclosure and Use of Project Information), Section IX

(Controlled Unclassified Information), Section XI (Security) and

Section XII (Third Party Sales and Transfers).

14.3. The Participants will jointly formulate the provisions

under which additional participants might join this MOU and its

PAs. The addition of new participants to the Project will

require amendment of this MOU and specific Phase PAs by the

Participants to incorporate necessary multilateral provisions.

27
JAAWS FRAMEWORK MOU

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 and regulations permit, the Participants

will endeavor to ensure that such readily identifiable duties,

taxes and similar charges, as well as quantitative or other

restrictions on imports and exports, are not imposed in

connection with work carried out under this MOU and its Phase

PAs.

15.2. Each Participant will endeavor 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 Project. If customs duties or

identifiable taxes are levied, they will be borne by the

Participant in whose country they are levied. The EC recipient

Participant will settle customs duties and comparable levies due

to the EC in respect of parts, components and equipment needed

for the Project.

28
JAAWS FRAMEWORK MOU

SECTION XVI

SETTLEMENT OF DISPUTES

16.1. Disputes between the Participants arising under or

relating to this MOU or its Phase PAs will be resolved only by

consultation between the Participants and will not be referred to

a national court, to an international tribunal, or to any other

person or entity for settlement.

29
JAAWS FRAMEWORK MOU

SECTION XVII

AMENDMENT, TERMINATION, COMING INTO EFFECT, AND DURATION

17.1. All activities of the Participants under this MOU and its

Phase PAs will be carried out in accordance with their national

laws and the responsibilities of the Participants will be subject

to the availability of appropriated funds for such purposes.

17.2. This MOU may only be amended by the mutual written consent

of the Participants. A Phase PA may only be amended by the mutual

written consent of the Participants.

17.3. This MOU may be terminated at any time with the mutual

written consent of the Participants. In that event both

Participants will consult prior to the date of termination to

ensure termination on the most economical and equitable terms. In

the event of MOU termination, all Phase PAs will also be

automatically terminated.

17.4.	Either Participant may terminate this MOU upon 180 days

written notification to the other Participant. Such notice will

be the subject of immediate consultation by the SC to decide upon

the appropriate course of action. In the event of such

termination, the following rules apply:

17.4.1.	

The terminating Participant will continue

participation, financial or otherwise, up to the

effective date of termination of this MOU or its

Phase PAs, as appropriate.

17.4.2.	Each Participant will pay the costs it incurs as a

result of termination.

17.4.3.	All Project Information and rights therein

received under the provisions of this MOU and its

Phase PAs prior to termination of the MOU or its

Phase PAs will be retained by the Participants,

subject to the provisions of this MOU and its

Phase PAs.

17.4.4.	The terminating Participant will give all

reasonable assistance to the remaining Participant

for the continuation of any work commenced under

any PA to this MOU, and in particular will, if the

remaining Participant so wishes, use its

30
JAAWS FRAMEWORK MOU

reasonable endeavors to enable Contractors to

continue with any work being carried out and to

facilitate appropriate export licenses.

17.4.5.	Specific additional termination provisions may be

established in a specific Phase PA.

17.5. The respective rights, benefits and responsibilities of

the Participants regarding Section VII (Project Equipment),

Section VIII (Disclosure and Use of Project Information), Section

IX (Controlled Unclassified Information), Section XI (Security),

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

(Liability and Claims), and Section XVI (Settlement of Disputes),

will continue notwithstanding termination or expiration of this

MOU and its Phase PAs.

17.6. This MOU, which consists of the Introduction and seventeen

Sections, will come into effect upon signature by both

Participants and will remain in effect for twenty-five years. It

may be extended by the mutual written consent of the

Participants.

31
EXECUTIVE DIRECTOR 

Title

I October 1999 

Date

COMMARCORSYSCOM

Title

20 Sep 99

EXECUTIVE Date

Marine Corps Systems Command Abbey Wood

Location

Location , Bristol

JAAWS FRAMEWORK MOU

The foregoing represents the understandings reached between the

Secretary of Defense on behalf of the Department of Defense of

the United States of America and the Secretary of State for

Defence of the United Kingdom of Great Britain and Northern

Ireland upon the matters referred to therein.

Signed in duplicate in the English language by authorized

representatives.

FOR THE SECRETARY OF DEFENSE

ON BEHALF OF THE DEPARTMENT

OF DEFENSE OF THE UNITED

STATES OF AMERICA:

J. M. FEIGLEY

Name

FOR THE SECRETARY OF STATE

FOR DEFENCE OF THE UNITED

KINGDOM OF GREAT BRITAIN AND

NORTHERN IRELAND:

Signature S. PORTER

Name

32