TREATIES AND OTHER INTERNATIONAL ACTS SERIES 09-1028.1 

________________________________________________________________________ 

DEFENSE 

Research and Development 

 Agreement Between the 

UNITED STATES OF AMERICA 

and OTHER GOVERNMENTS 

Signed at Arlington and Koblenz 

October 1, 7, and 28, 2009 

 
 

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: Research and Development 

Agreement signed at Arlington and Koblenz 

 October 1, 7, and 28, 2009; 

Entered into force October 28, 2009. 
AGREEMENT

BETWEEN

THE MINISTRY OF DEFENCE OF THE

REPUBLIC OF FINLAND

ACTING ON BEHALF OF THE GOVERNMENT OF THE REPUBLIC OF FINLAND

AND

THE FEDERAL MINISTRY OF DEFENSE OF THE

FEDERAL REPUBLIC OF GERMANY

AND

THE DEPARTMENT OF DEFENSE

OF THE UNITED STATES OF AMERICA

CONCERNING

SURFACE COMBATANT ALUMINUM STRUCTURE DESIGN

Certified to be a true copy:

')(t^AL M

Sarah McGlone

International Agreements Negotiator

Navy International Programs Office
TABLE OF CONTENTS

PREAMBLE 3

ARTICLE I

DEFINITIONS 4

ARTICLE II

OBJECTIVE(S) 8

ARTICLE III

SCOPE OF WORK 9

ARTICLE IV

MANAGEMENT (ORGANIZATION AND RESPONSIBILITY) 11

ARTICLE V

FINANCIAL PROVISIONS 15

ARTICLE VI

CONTRACTING PROVISIONS 17

ARTICLE VII

PROJECT EQUIPMENT 19

ARTICLE VIII

DISCLOSURE AND USE OF PROJECT INFORMATION 21

ARTICLE IX

CONTROLLED UNCLASSIFIED INFORMATION 29

ARTICLE X

VISITS TO ESTABLISHMENTS 31

ARTICLE XI

SECURITY 32

ARTICLE XII

THIRD PARTY SALES AND TRANSFERS 35

ARTICLE XIII

LIABILITY AND CLAIMS 36

ARTICLE XIV

CUSTOMS DUTIES, TAXES, AND SIMILAR CHARGES 38

ARTICLE XV

SETTLEMENT OF DISPUTES 39

ARTICLE XVI

AMENDMENT, TERMINATION, ENTRY INTO FORCE, AND DURATION. 40

2
PREAMBLE

The Ministry of Defence of the Republic of Finland (Finland

MOD), acting on behalf of the Government of the Republic of

Finland, the Federal Ministry of Defense of the Federal

Republic of Germany (Germany MOD) and the Department of Defense

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

to as the "Parties":

Having a common interest in defense;

Recognizing the benefits to be obtained from 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 for an improved understanding of the design

and material capabilities of aluminum structures;

Desiring to conduct testing of aluminum structures to satisfy

common operational requirements; and

Having independently conducted research, exploratory

development, and testing of the applications of various

technologies, recognize the benefits of cooperation in the

Surface Combatant Aluminum Structure Design Project;

Have agreed as follows:

3
ARTICLE I

DEFINITIONS

The Parties have agreed upon the following definitions of terms

used in this Surface Combatant Aluminum Structure Design

Agreement (Agreement):

Aluminum Structure Ship components constructed of aluminum

alloy material contributing to the

structural configuration of the ship.

Classified Official Information that requires

Information 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, or documentary form or in

the form of equipment or technology.

Contract

Contracting

Any mutually binding legal relationship

under national laws that obligates a

Contractor to furnish supplies or services,

and obligates one or more of the Parties to

pay for them.

The obtaining of supplies or services by

Contract from sources outside the

governmental organizations of the Parties.

Contracting includes a description (but not

determination) of supplies and services

required, solicitation and selection of

sources, preparation and award of. Contracts,

and all phases of Contract administration.

Contracting Agency The entity within the governmental

organization of a Party that has authority

to enter into, administer, or terminate

Contracts.

Contracting Officer A person representing a Contracting Agency

of a Party who has the authority to enter

into, administer, or terminate Contracts.

4
Contractor Any entity awarded a Contract by a Party's

Contracting Agency.

Contractor Support Persons specifically identified as providing

Personnel administrative, managerial, scientific, or

technical support services to a Party under

a support Contract.

Controlled Unclassified Information to which access or

Unclassified distribution limitations have been applied

Information in accordance with applicable national laws

or regulations. It could include

Information that has been declassified but

remains controlled.

Cost Ceiling The maximum amount of financial and nonfinancial contributions a Party may make to

this Project.

Defense Purposes Manufacture or other use in any part of the

world by or for the armed forces of a Party.

Designated Security The security authority designated by

Authority (DSA) national authorities to be responsible for

the coordination and implementation of

national industrial security aspects of this

Project.

Financial Costs Project costs met with monetary

contributions.

Information Knowledge that can be communicated by any

means, regardless of form or type,

including, but not limited to, that of a

scientific, technical, business, or

financial nature, and also including

photographs, reports, manuals, threat data,

experimental data, test data, computer

software, designs, specifications,

processes, techniques, inventions, drawings,

technical writings, sound recordings,

pictorial representations, and other

graphical presentations, whether in magnetic

tape, computer memory, or any other form,

and whether or not subject to Intellectual

Property rights.

5
Intellectual

Property

In accordance with the World Trade

Organization Agreement on Trade-related

Aspects of Intellectual Property Rights of

April 15, 1994, all copyright and related

rights, all rights in relation to inventions

(including Patent rights), all rights in

registered and unregistered trademarks

(including service marks), registered and

unregistered designs, undisclosed

Information (including trade secrets and

know-how), layout designs of integrated

circuits, geographical indications, and any

other rights resulting from creative

activity in the industrial, scientific,

literary, and artistic fields.

Non-financial Costs Project costs met with non-monetary

contributions.

Party

Patent

Project

A signatory to this Agreement represented by

its military and civilian personnel.

Contractors and Contractor Support Personnel

shall not be representatives of a Party

under this Agreement.

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 cooperative efforts of the Parties under

this Agreement to achieve the objectives in

Article II (Objectives) and accomplish the

work in Article III (Scope of Work).

Information not generated in the performance

of this Project.

Any material, equipment, end item,

subsystem, component, special tooling, or

test equipment provided for use in this

Project.

Project Background

Information

Project Equipment

Project Foreground Information generated in the performance of

Information this Project.

6
Project Information

Project Invention

Project Plan

Prospective

Contractor

Third Party

Any Information provided to, generated in,

or used in this Project.

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 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.

A plan developed by the Project Managers and

approved by the Steering Committee that

provides a description of the Project's

delivery requirements and milestones.

Any entity that seeks to enter into a

Contract to be awarded by a Party's

Contracting Agency and that, in the case of

a solicitation involving the release of

export-controlled Information, is eligible

to receive such Information.

A government other than the Government of a

Party and any person or other entity whose

government is not the Government of a Party.

7
ARTICLE II

OBJECTIVES

2.1. The objectives of this Project are:

2.1.1. To develop and validate theoretical methods for

predicting the response of aluminum ships

throughout their service life to physical effects,

based on the results of testing and analysis of a

Helsinki Class Fast Missile Craft (FMC).

2.1.2. To prepare for and conduct testing on one Helsinki

Class FMC.

2.1.3. To analyze Helsinki Class FMC test results.

2.1.4. To explore the benefits and limitations of

Aluminum Structure in surface combatant

applications.

8
ARTICLE III

SCOPE OF WORK

3.1. The detailed work to be performed under this Agreement

shall be described in the Project Plan. The overall work to be

carried out under this Agreement includes:

3.1.1. Exchange and analysis of results and other

Information from the Helsinki Class FMC test

conducted by the Germany MOD and Finland MOD. The

Germany MOD and Finland MOD to provide results and

Information to the U.S. DoD and all three Parties

shall analyze them together.

3.1.2. Preparation for and conduct of testing of one (1)

retired Finnish Navy Helsinki Class FMC to be

provided by the Finland MOD. In-water testing of

the FMC shall be conducted in Finnish territorial

waters. The Germany MOD and U.S. DoD shall be

responsible for providing, installing and removing

test equipment. The Finland MOD shall be

responsible for providing a test range and the

conduct of testing.

3.1.3. Analyses of data and comparisons with numeric

predictions. The U.S. DoD shall prepare numeric

predictions supporting the testing. All three

Parties shall be independently responsible for this

analysis and comparison.

3.1.4. Development and validation of early stage design

methods for surface combatant Aluminum Structures.

The Finland MOD and U.S. DoD shall jointly develop

the early stage design methods.

3.1.5. Assessment of reliability-based structural design

methods for surface combatants. All three Parties

shall jointly assess reliability-based design

methods.

3.1.6. Testing of ship material for end-of-service life

fatigue and ultimate strength material properties.

Finland MOD shall provide material concerning

relevant Helsinki Class FMC to the Germany MOD and

the U.S. DoD for them to test and provide results.

9
3.1.7. Evaluation of ship life time loads and structural

response. The Finland MOD and U.S. DoD shall

jointly perform the evaluation.

3.1.8. Review of design for standards and publications and

development of recommendations for updating

procedures as needed to reflect the testing of

aluminum surface combatants. All three Parties

shall jointly review and develop recommendations.

3.2. The Parties shall exchange and share all Information

generated under this Project in accordance with the terms and

conditions of this Agreement.

10
ARTICLE IV

MANAGEMENT (ORGANIZATION AND RESPONSIBILITY)

4.1. This Project shall be directed and administered on behalf

of the Parties by an organization consisting of a Steering

Committee (SC) and Project Managers (PMs) appointed by the

Parties. The SC shall have overall authority over the PMs, in

accordance with this Agreement. The PMs shall have primary

responsibility for effective implementation, efficient

management, and direction of the Project in accordance with this

Agreement. The Parties shall maintain and fund their own

organizations for managing this Project.

4.2. The SC shall consist of one voting representative

designated by each Party. The SC shall meet at the request of

any representative. Each meeting of the SC shall be chaired by

the representative of the Party hosting the meeting. Decisions

of the SC shall be made unanimously. In the event that the SC

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

representative shall refer the issue to its higher authority for

resolution. The approved Project Plan shall continue to be

implemented without interruption under the direction of the PMs

while the issue is being resolved by higher authority.

4.3. The SC shall be responsible for:

4.3.1. Exercising executive-level oversight of the

Project.

4.3.2. Reviewing progress towards accomplishing Article

II (Objectives) and Article III (Scope of Work)

of this Agreement.

4.3.3. Approving the Project Plan submitted by the PMs

in accordance with subparagraph 4.6.2. of this

Article, and any revisions thereto, and reviewing

the technical progress of the Project against the

Project Plan. The Project Plan shall include,

but not be limited to, a detailed scope of work

and corresponding work schedule, as appropriate.

4.3.4. Reviewing the financial status of the Project to

ensure compliance with the conditions of Article

V (Financial Provisions) of this Agreement.

11
4.3.5. Resolving issues brought forth by the PMs.

4.3.6. Proposing' to the Parties amendments to this

Agreement in accordance with Article XVI

(Amendment, Termination, Entry into Force, and

Duration) of this Agreement.

4.3.7. Approving plans to manage and control the

transfer of Project Equipment provided by any

Party to support the execution of the Project in

accordance with Article VII (Project Equipment)

of this Agreement.

4.3.8. Maintaining oversight of the security aspects of

the Project, including reviewing and obtaining

approval from the appropriate Designated Security

Authority of a Project Security Instruction (PSI)

prior to the transfer of Classified Information

or Controlled Unclassified Information.

4.3.9. Employing its best efforts to resolve, in

consultation with the export control authorities

of the Party concerned, any export control issues

raised by any PM in accordance with subparagraph

4.6.8. of this Article or raised by a Party's SC

representative in accordance subparagraph

8.1.2.4. of Article VIII (Disclosure and Use of

Project Information) of this Agreement.

4.3.10. Monitoring Third Party sales and transfers

authorized in accordance with Article XII (Third

Party Sales and Transfers) of this Agreement.

4.3.11. Reviewing the semi-annual status report submitted

by the PMs.

4.4. Project offices shall be established in Washington, D.C.,

in Espoo, Finland, and in EckernfOrde, Germany, to manage the

Project. The U.S. Department of the Navy shall appoint the U.S.

DoD PM, the Finnish Naval Research Institute shall appoint the

Finland MOD PM, and the German Technical Center For Ships and

Naval Weapons WTD71 shall appoint the German MOD PM, all of whom

shall be responsible for implementing this Agreement and for

carrying out the Project.

12
4.5. The PMs are responsible for management of those tasks for

which their Party has responsibility as identified in Article

III (Scope of Work) of this Agreement.

4.6. For matters under their cognizance, the PMs shall be

responsible for:

4.6.1. Managing the cost, schedule, performance

requirements, technical, security, and financial

aspects of the Project described in this

Agreement.

4.6.2. Developing a Project Plan, and any necessary

revisions thereto, as described in subparagraph

4.3.3. of this Article; submitting the Project

Plan and any revisions for SC approval; and

implementing the plan and any revisions upon SC

approval.

4.6.3. Executing the financial aspects of the Project in

accordance with Article V (Financial Provisions)

of this Agreement.

4.6.4. Referring issues to the SC that cannot be

resolved by the PM.

4.6.5. Developing and recommending amendments to this

Agreement to the SC.

4.6.6. Developing and implementing SC-approved plans to

manage and control the transfer of Project

Equipment provided by either Party in accordance

with Article VII (Project Equipment) of this

Agreement.

4.6.7. Developing and forwarding to the SC a PSI and a

Classification Guide for the Project within three

months after Agreement signature, and

implementing them upon final approval.

4.6.8. Monitoring export control arrangements required

to implement this Agreement and, if applicable,

referring immediately to the SC any export

control issues that could adversely affect the

implementation of this Agreement.

4.6.9. Providing a semi-annual status report to the SC,

and other such reports as directed by the SC.

13
4.6.10. Appointing a Project security officer.

14
ARTICLE V

FINANCIAL PROVISIONS

5.1. Each Party shall bear the full Financial Costs and Nonfinancial Costs it incurs for performing, managing, and

administering its activities under this Agreement and all such

costs shall be included as part of each Party's contributions to

the Project. These costs include financial and non-financial

contributions (e.g., salaries, travel, and per diem costs for

each Party's Project personnel), as well as any Contract costs.

5.2. The Parties have mutually determined the values for the

following non-financial contributions:

5.2.1. The non-financial contributions of the Finland

MOD include, but are not limited to, the use of one Helsinki

Class FMC and background Information from tests conducted with

the Germany MOD on a Helsinki Class FMC.

5.2.2. The non-financial contributions of the Germany

MOD include, but are not limited to, test equipment to be used

in the Helsinki Class FMC test and background Information from

tests conducted with Finland MOD on a Helsinki Class FMC and

other material test data.

5.2.3. The non-financial contribution of the U.S. DoD

includes test equipment to be used in the Helsinki Class FMC

test.

5.3. Each Party shall fund the full extent of its participation

in this Project. The Parties estimate that the performance of

their obligations under this Agreement (that is, their financial

and non-financial contributions) shall not exceed the following

Cost Ceilings:

U.S. DoD: 3.000 million U.S. dollars

Finland MOD: 2.207 million Euro

Germany MOD: 2.207 million Euro

The financial and non-financial contributions of each Party

represent one-third of the full Financial and Non-financial

Costs of the Project.

5.4. The Parties shall use their best efforts to perform, or to

have performed, the work specified in Article III (Scope of

15
Work) of this Agreement and fulfill all the obligations under

this Agreement within the Cost Ceilings specified in paragraph

5.3. of this Article.

5.5. As described above, each Party shall contribute its

equitable share of the full Financial Costs and Non-financial

Costs of the Project, including overhead costs, administrative

costs, and costs of claims. The assignment of work represents a

sharing of work to be performed under the Project, and each

Party shall receive an equitable share of the results of the

Project as set out in this Agreement, including Article VIII

(Disclosure and Use of Project Information).

5.6. Cooperative efforts of the Parties over and above the

jointly determined work set forth in Article III (Scope of Work)

of this Agreement shall be subject to future mutual consent of

the Parties.

5.7. The following costs shall be borne entirely by the Party

incurring the costs and shall not be considered as part of that

Party's cost subject to the Cost Ceiling set out in paragraph

5.3. of this Article:

5.7.1. Costs associated with any unique national

requirements identified by a Party.

5.7.2. Any other costs outside the scope of this

Agreement.

5.8. A Party shall promptly notify the other Parties if

available funds are not adequate to fulfill its obligations

under this Agreement. If a Party notifies the other Parties

that it is terminating or reducing its funding for this Project,

all Parties shall immediately consult with a view toward

continuation on a modified basis.

16
ARTICLE VI

CONTRACTING PROVISIONS

6.1. If any Party determines that Contracting is necessary to

fulfill that Party's obligations under Article III (Scope of

Work) of this Agreement, that Party shall contract in accordance

with its respective national laws, regulations, and procedures.

6.2. When one Party individually contracts to perform a task

under this Agreement, it shall be solely responsible for its own

Contracting, and the other Parties shall not be subject to any

liability arising from such Contracts.

6.3. For all Contracting activities performed by any Party, the

PMs shall, upon request, be provided a copy of all statements of

work prior to the issuance of solicitations.

6.4. Each Party's Contracting Agency shall negotiate to obtain

the rights to use and disclose Project Information required by

Article VIII (Disclosure and Use of Project Information) of this

Agreement. Each Party's Contracting Agency shall insert into

its prospective Contracts (and require its subcontractors to

insert in subcontracts) suitable provisions to satisfy the

requirements of this Agreement, including Article VIII

(Disclosure and Use of Project Information), Article IX

(Controlled Unclassified Information), Article XI (Security),

Article XII (Third Party Sales and Transfers), and Article XVI

(Amendment, Termination, Entry into Force, and Duration) of this

Agreement, and including export control provisions in accordance

with this Agreement, in particular paragraphs 6.5. and 6.6. of

this Article. During the Contracting process, each Party's

Contracting Officer shall advise Prospective Contractors of

their responsibility to notify immediately the Contracting

Agency, before Contract award, if they are subject to any

license or agreement that will restrict that Party's freedom to

disclose Information or permit its use. The Contracting Officer

shall also advise Prospective Contractors to employ their best

efforts not to enter into any new agreement or arrangement that

will result in restrictions.

6.5. Each Party shall legally bind its Contractors to a

requirement that the Contractor shall not retransfer or

otherwise use export-controlled Information furnished by the

other Party for any purpose other than the purposes authorized

under this Agreement. The Contractor shall also be legally

17
bound not to retransfer the export-controlled Information to

another Contractor or subcontractor unless that Contractor or

subcontractor has been legally bound to limit use of the

Information to the purposes authorized under this Agreement.

Export-controlled Information furnished by one Party under this

Agreement may only be retransferred by another Party to its

Contractors if the legal obligations required by this paragraph

have been established.

6.6. Each Party shall legally bind its Prospective Contractors

to a requirement that the Prospective Contractor shall not

retransfer or otherwise use export-controlled Information

furnished by the other Parties for any purpose other than

responding to a solicitation issued in furtherance of the

purposes authorized under this Agreement. Prospective

Contractors shall not be authorized use for any other purpose if

they are not awarded a Contract. The Prospective Contractors

shall also be legally bound not to retransfer the exportcontrolled Information to a prospective subcontractor unless

that prospective subcontractor has been legally bound to limit

use of the export-controlled Information for the purpose of

responding to the solicitation. Export-controlled Information

furnished by one Party under this Agreement may only be

retransferred by another Party to its Prospective Contractors if

the legal obligations required by this paragraph have been

established. Upon request by the furnishing Party, the

receiving Party shall identify its Prospective Contractors and

prospective subcontractors receiving such export-controlled

Information.

6.7. In the event a Party's Contracting Agency is unable to

secure adequate rights to use and disclose Project Information

as required by Article VIII (Disclosure and Use of Project

Information) of this Agreement, or is notified by Contractors or

Prospective Contractors of any restrictions on the disclosure

and use of Information, that Party's PM shall notify the other

Parties' PMs of the restrictions.

6.8. Each Party's PM shall promptly advise the other Parties'

PMs of any cost growth, schedule delay, or performance problems

under any Contract for which its Contracting Agency is

responsible.

18
ARTICLE VII

PROJECT EQUIPMENT

7.1. Each Party may provide Project Equipment identified as

being necessary for executing the Agreement to another Party.

Project Equipment shall remain the property of the providing

Party. A list of all Project Equipment provided by one Party to

another Party shall be developed and maintained by the PMs and

approved by the SC.

7.2. The receiving Party shall maintain any such Project

Equipment in good order, repair, and operable condition. Unless

the providing Party has authorized the Project Equipment to be

expended or otherwise consumed without reimbursement to the

providing Party, the receiving Party shall return the Project

Equipment to the providing Party in as good condition as

received, normal wear and tear excepted, or return the Project

Equipment and pay the cost to restore it. If the Project

Equipment is damaged beyond economical repair, the receiving

Party shall return the Project Equipment to the providing Party

(unless otherwise specified in writing by the providing Party)

and pay the replacement value, which shall be computed pursuant

to the providing Party's national laws and regulations. If the

Project Equipment is lost while in the custody of the receiving

Party, the receiving Party shall issue a certificate of loss to

the providing Party and pay the replacement value.

7.3. The providing Party shall deliver Project Equipment to the

receiving Party at a mutually determined location. Possession

of the Project Equipment shall pass from the providing Party to

the receiving Party at the time of receipt of the Project

Equipment. Any further transportation is the responsibility of

the receiving Party.

7.4. All Project Equipment that is transferred shall be used by

the receiving Party only for the purposes of carrying out this

Agreement, unless otherwise agreed to in writing by the

providing Party. In addition, in accordance with Article XII

(Third Party Sales and Transfers) of this Agreement, Project

Equipment shall not be re-transferred or sold to a Third Party

without the prior written consent of the providing Party.

7.5. Project Equipment transferred to one Party under this

Agreement shall be returned to the providing Party prior to the

termination or expiration of this Agreement.

19
7.6. The Finland MOD's Helsinki Class FMC, the Germany MOD's

test equipment and the U.S. DoD's test equipment shall not be

transferred to another Party. Therefore, the provisions of

paragraphs 7.1. through 7.5. of this Article do not apply to the

Helsinki Class FMC and the test equipment. While the Parties do

not intend during the Project to damage or destroy the Finland

MOD's Helsinki Class FMC and the Germany MOD and U.S. DoD's test

equipment on it, the Parties recognize that such damage or

destruction may occur during preparation of the test or during

the test. Each Party accepts the risk of damage or loss of its

equipment used in the Helsinki Class FMC test and shall not seek

reimbursement from the other Parties for such damage or loss.

20
ARTICLE VIII

DISCLOSURE AND USE OF PROJECT INFORMATION

8.1. General

8.1.1. All Parties recognize that successful

collaboration depends on full and prompt exchange of

Information necessary for carrying out this Project. The

Parties intend to acquire sufficient Project Information

and rights to use such Information to enable the

accomplishment of Article II (Objectives) and Article III

(Scope of Work) of this Agreement. The nature and amount

of Project Information to be acquired shall be consistent

with the objectives stated in Article II (Objectives) and

Article III (Scope of Work) of this Agreement. The Parties

acknowledge their obligations under paragraph 6.7. of

Article VI (Contracting Provisions) when they are unable to

secure adequate rights to use and disclose Project

Information as required by Article VIII (Disclosure and Use

of Project Information) of this Agreement.

8.1.2. The following export control provisions shall

apply to the transfer of Project Information:

8.1.2.1. Transfer of Project Information shall be

consistent with the furnishing Party's applicable

export control laws and regulations.

8.1.2.2. Unless otherwise restricted by duly

authorized officials of the furnishing Party at the

time of transfer to another Party, all exportcontrolled Information furnished by one Party to

another Party may be retransferred to the other

Party's Contractors, subcontractors, Prospective

Contractors, and prospective subcontractors, subject

to the requirements of paragraphs 6.5. and 6.6. of

Article VI (Contracting Provisions) of this Agreement.

8.1.2.3. Export-controlled Information may be

furnished by Contractors, subcontractors, Prospective

Contractors, and prospective subcontractors of one

Party's nation to the Contractors, subcontractors,

Prospective Contractors, and prospective

subcontractors of another Party's nation pursuant to

this Agreement, subject to the conditions established

21
in licenses or other approvals issued by the

Government of the former Party in accordance with its

applicable export control laws and regulations.

8.1.2.4. If a Party finds it necessary to exercise a

restriction on the retransfer of export-controlled

Information as set out in subparagraph 8.1.2.2. of

this Article, it shall promptly inform the other

Parties. If a restriction is then exercised and the

affected Party(s) objects, that Party's SC

representative shall promptly notify the other Party's

SC representative and they shall immediately consult

in order to discuss ways to resolve such issues or

mitigate any adverse effects.

8.1.2.5. Notwithstanding the obligations of this

Agreement that relate to the protection of

Information, particularly Article VIII (Disclosure and

Use of Project Information), Article IX (Controlled

Unclassified Information), Article XI (Security), and

Article XII (Third Party Sales and Transfers), the

specific export control provisions set out in Article

VI (Contracting Provisions) and this Article shall not

apply to transfers of Information amongst non-U.S. DoD

Parties where such exchanges do not include U.S.

export-controlled Information.

8.2. Government Project Foreground Information

8.2.1. Disclosure: All Project Foreground Information

generated by a Party's military or civilian

employees (hereinafter referred to as "Government

Project Foreground Information") shall be

disclosed promptly and without charge to the

Parties.

8.2.2. Use: Each Party may use or have used all

Government Project Foreground Information without

charge for Defense Purposes. The Party

generating Government Project Foreground

Information shall also retain all its rights of

use thereto. Any sale or other transfer to a

Third Party shall be subject to the conditions of

Article XII (Third Party Sales and Transfers) of

this Agreement.

22
8.3. Government Project Background Information

8.3.1. Disclosure: Each Party, upon request, shall

disclose promptly and without charge to the other

Parties any relevant Government Project

Background Information generated by its military

or civilian employees, provided that:

8.3.1.1. Such Government Project Background

Information is necessary to or useful in the

Project, with the Party in possession of the

Information determining, after consulting

with the requesting Party, whether it is

"necessary to" or "useful in" the Project.

8.3.1.2. Such Government Project Background

Information may be made available only if

the rights of holders of Intellectual

Property rights are not infringed.

8.3.1.3. Disclosure of such Government Project

Background Information is consistent with

national disclosure policies and regulations

of the furnishing Party.

8.3.1.4. Any disclosure or transfer of such

Government Project Background Information to

Contractors is consistent with the

furnishing Party's export control laws and

regulations.

8.3.2. Use: Government Project Background Information

furnished by one Party to the requesting Party(s)

may be used without charge by or for the

requesting Party(s) for Project purposes.

However, subject to Intellectual Property rights

held by entities other than the Parties, such

Government Project Background Information may be

used for Defense Purposes by or for the

requesting Party(s), without charge, when such

Information is necessary for the use of Project

Foreground Information. The furnishing Party, in

consultation with the other Parties, shall

determine whether the Government Project

Background Information is necessary for the use

of Project Foreground Information. The

23
furnishing Party shall retain all its rights with

respect to such Government Project Background

Information.

8.4. Contractor Project Foreground Information

8.4.1. Disclosure: Project Foreground Information

generated and delivered by Contractors

(hereinafter referred to as "Contractor Project

Foreground Information") shall be disclosed

promptly and without charge to all Parties.

8.4.2. Use: Each Party may use or have used without

charge for Defense Purposes all Contractor

Project Foreground Information generated and

delivered by Contractors of the Parties. The

Party whose Contractors generate and deliver

Contractor Project Foreground Information shall

also retain all its rights of use thereto in

accordance with the applicable Contracts. Any

sale or other transfer to a Third Party of

Contractor Project Foreground Information shall

be subject to the conditions of Article XII

(Third Party Sales and Transfers) of this

Agreement.

8.5. Contractor Project Background Information

8.5.1. Disclosure: A Contracting Party shall make

available to another Party promptly and without

charge all Contractor Project Background

Information generated by Contractors that is

delivered under Contracts awarded in accordance

with this Agreement. Any other Project

Background Information that is generated by

Contractors and that is in the possession of one

Party shall be made available promptly and

without charge to the other Parties, upon

request, provided the following conditions are

met:

8.5.1.1. Such Contractor Project Background

Information is necessary to or useful in the

Project, with the Party in possession of the

Information determining, after consultation

with the requesting Party, whether it is

"necessary to" or "useful in" the Project.

24
8.5.1.2. Such Contractor Project Background

Information may be made available only if

the rights of holders of Intellectual

Property rights are not infringed.

8.5.1.3. Disclosure of such Contractor Project

Background Information is consistent with

national disclosure policies and regulations

of the furnishing Party.

8.5.1.4. Any disclosure or transfer of such

Contractor Project Background Information to

Contractors is consistent with the

furnishing Party's export control laws and

regulations.

8.5.2. Use: All Contractor Project Background

Information delivered by Contractors under

Contracts awarded in accordance with this

Agreement may be used by or for the receiving

Party(s), without charge, for Defense Purposes,

subject to any restrictions by holders of

Intellectual Property rights other than the

Parties. Any other Contractor Project Background

Information furnished by one Party's Contractors

and disclosed to a requesting Party may be used

without charge by or for the requesting Party(s)

for Project purposes, subject to any restrictions

by holders of Intellectual Property rights other

than the Parties; also, when necessary for the

use of Project Foreground Information, such other

Contractor Project Background Information may be

used by or for the requesting Party(s) for

Defense Purposes, subject to such fair and

reasonable terms as may be necessary to be

arranged with the Contractor. The furnishing

Party, in consultation with the requesting

Party(s), shall determine whether such other

Contractor Project Background Information is

necessary for the use of Project Foreground

Information. The furnishing Party shall retain

all its rights with respect to Contractor Project

Background Information.

25
8.6. Alternative Uses of Project Information

8.6.1. Any Project Background Information provided by

one Party shall be used by the other Parties only

for the purposes set forth in this Agreement,

unless otherwise consented to in writing by the

providing Party.

8.6.2. The prior written consent of each Party shall be

required for the use of Project Foreground

Information for purposes other than those

provided for in this Agreement.

8.7. Proprietary Project Information

8.7.1. All Project Information that is subject to

disclosure and use restrictions with respect to

Intellectual Property rights shall be identified

and marked, and it shall be handled as Controlled

Unclassified Information or as Classified

Information, depending on its security

classification.

8.7.2. The PSI shall contain such provisions as are

necessary to ensure the protected communication

of Project Information that is subject to

Intellectual Property rights.

8.8. Patents

8.8.1. Each Party shall include in all its Contracts for

the Project a provision governing the disposition

of rights in regard to Project Inventions and

Patent rights relating thereto that either:

8.8.1.1. Provides that the Party shall hold title to

all such Project Inventions together with

the right to make Patent applications for

the same, free of encumbrance from the

Contractor concerned; or

8.8.1.2. Provides that the Contractor shall hold

title (or may elect to retain title) for

such Project Inventions together with the

right to make Patent applications for the

same, while securing for the Parties a

license for the Project Inventions, and any

26
Patents thereto, on terms in compliance with

the conditions of subparagraph 8.8.2. of

this Article.

8.8.2. In the event that a Contractor owns title (or

elects to retain title) to any Project Invention,

the Contracting Party shall secure for the other

Parties non-exclusive, irrevocable, royalty-free

licenses under all Patents secured for that

invention, to practice or have practiced the

patented Project Invention throughout the world

for Defense Purposes.

8.8.3. The conditions of subparagraphs 8.8.4. through

8.8.7. of this Article shall apply in regard to

Patent rights for all Project Inventions made by

the Parties' military or civilian employees,

including those within Government-owned

facilities, and for all Project Inventions made

by Contractors for which the Contracting Party

holds title or is entitled to acquire title.

8.8.4. When a Party has or can secure the right to file a

Patent application with regard to a Project

Invention, that Party shall consult with the

other Parties regarding the filing of such Patent

application. The Party that has or receives

title to such Project Invention shall, in other

countries, file, cause to be filed, or provide

the other Parties with the opportunity to file on

behalf of the Party holding title, Patent

applications covering that Project Invention. A

Party shall immediately notify other Parties that

a Patent application has been filed. If a Party,

having filed or caused to be filed a Patent

application, abandons prosecution of the

application or ceases maintaining the Patent

granted or issued on the application, that Party

shall notify the other Parties of that decision

and permit the other Parties to continue the

prosecution or maintain the Patent as the case

may be.

8.8.5. Each Party shall be furnished with copies of

Patent applications filed and Patents granted

with regard to Project Inventions.

27
8.8.6. Each Party shall grant to the other Parties a

non-exclusive, irrevocable, royalty-free license

under its Patents for Project Inventions, to

practice or have practiced the Project Invention

throughout the world for Defense Purposes.

8.8.7. Patent applications to be filed, or assertions of

other Intellectual Property rights, under this

Agreement that contain Classified Information

shall be protected and safeguarded in accordance

with bilateral and multi-lateral treaties and

agreements among and between the Parties, and

Article XI (Security).

8.9. Each Party shall notify the other Parties of any

Intellectual Property infringement claims brought against that

Party arising in the course of work performed under the Project

on behalf of the other Parties. Insofar as possible, the other

applicable Parties shall provide Information available to it

that may assist in defending such claims. Each Party shall be

responsible for handling such Intellectual Property infringement

claims brought against it, and shall consult with the other

Parties during the handling, and prior to any settlement, of

such claims. At the time that an Intellectual Property

infringement claim arises, the Parties shall consult on the

appropriate manner to share the cost of such claim. In general,

the Parties expect to share the costs of resolving such

Intellectual Property infringement claims in proportion to their

financial and non-financial contributions for that work

specified in Article V (Financial Provisions) of this Agreement.

28
ARTICLE IX

CONTROLLED UNCLASSIFIED INFORMATION

9.1. Except as otherwise provided in this Agreement or as

authorized in writing by the originating Party, Controlled

Unclassified Information provided or generated pursuant to this

Agreement shall be controlled as follows:

9.1.1. Such Information shall be used only for the

purposes authorized for use of Project

Information as specified in Article VII

(Disclosure and Use of Project Information) of

this Agreement.

9.1.2. Access to such Information shall be limited to

personnel whose access is necessary for the

permitted use under subparagraph 9.1.1. of this

Article, and shall be subject to the conditions

of Article XII (Third Party Sales and Transfers)

of this Agreement.

9.1.3. Each Party shall take all lawful steps available

to it, including national classification, to keep

such Information free from further disclosure

(including requests under any legislative

provisions), except as provided in subparagraph

9.1.2. of this Article, unless the originating

Party consents to such disclosure. In the event

of unauthorized disclosure, or if it becomes

probable that the Information may have.to be

further disclosed under any legislative

provision, immediate notification shall be given

to the originating Party.

9.2. To assist in providing the appropriate controls, the

originating Party shall ensure that Controlled Unclassified

Information is appropriately marked to ensure its "in

confidence" nature. The Parties' export-controlled Information

shall be marked in accordance with the applicable Party's export

control markings as documented in the security Classification

Guide. The Parties shall also decide, in advance and in

writing, on the markings to be placed on any other types of

Controlled Unclassified Information and describe such markings

in the PSI.

29
9.3. Controlled Unclassified Information provided or generated

pursuant to this Agreement shall be handled in a manner that

ensures control as provided for in paragraph 9.1. of this

Article.

9.4. Prior to authorizing the release of Controlled

Unclassified Information to Contractors, the Parties shall

ensure the Contractors are legally bound to control such

Information in accordance with the conditions of this Article.

30
ARTICLE X

VISITS TO ESTABLISHMENTS

10.1. Each Party shall permit visits to its Government

establishments, agencies and laboratories, and Contractor

industrial facilities by employees of the other Parties or by

employees of the other Parties' Contractors, provided that the

visit is authorized by the affected Parties and the employees

have any necessary and appropriate security clearances and a

need-to-know.

10.2. All visiting personnel shall be required to comply with

security regulations of the hosting Party. Any Information

disclosed or made available to visitors shall be treated as if

supplied to the Party sponsoring the visiting personnel, and

shall be subject to the conditions of this Agreement.

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

facility of another Party shall be coordinated through official

channels, and shall conform with the established visit

procedures of the hosting Party. Requests for visits shall bear

the name of the Project.

10.4. Lists of personnel of each Party required to visit, on a

continuing basis, facilities of another Party shall be submitted

through official channels in accordance with recurring

international visit procedures.

31
ARTICLE XI

SECURITY

11.1. All Classified Information provided or generated pursuant

to this Agreement shall be stored, handled, transmitted, and

safeguarded in accordance with bilateral or multilateral

security agreements between the Parties. Consistent with the

above-mentioned bilateral and multilateral security agreements,

the Parties agree to the following security provisions:

11.2. Classified Information shall be transferred only through

official government-to-government channels or through channels

approved by the Designated Security Authorities (DSAs) of the

Parties. Such Classified Information shall bear the level of

classification and denote the country of origin, the conditions

of release, and the fact that the Information relates to this

Agreement.

11.3. Each Party shall take all lawful steps available to it to

ensure that Classified Information provided or generated

pursuant to this Agreement is protected from further disclosure,

except as permitted by this Article, unless the other Party(s)

consents to such disclosure. Accordingly, each Party shall

ensure that the recipient(s):

11.3.1. Shall not release the Classified Information to

any government, national, organization, or other

entity of a Third Party without the prior written

consent of the originating Party in accordance

with the procedures set forth in Article XII

(Third Party Sales and Transfers) of this

Agreement.

11.3.2. Shall not use the Classified Information for

other than the purposes provided for in this

Agreement.

11.3.3. Shall comply with any distribution and access

restrictions on Classified Information that are

provided under this Agreement.

11.4. The Parties shall investigate all cases in which it is

known or when there are grounds for suspecting that Classified

Information provided or generated pursuant to this Agreement has

been lost or disclosed to unauthorized persons. Each Party also

32
shall promptly and fully inform the other Parties of the details

of any such occurrence, and of the final results of the

investigation and of the corrective action taken to preclude

recurrence.

11.5. The PMs shall prepare a PSI and a Classification Guide

(CG) for the Project. The PSI and the CG shall describe the

methods by which Project Information shall be classified,

marked, used, transmitted, and safeguarded, and shall require

that markings for all export-controlled Classified Information

shall include the applicable export control markings identified

in the PSI in accordance with paragraph 9.2. of Article IX

(Controlled Unclassified Information) of this Agreement. The

PSI and CG shall be developed by the PM within three months

after this Agreement enters into force. They shall be reviewed

and forwarded to the Parties' DSAs for approval and shall be

applicable to all Government and Contractor personnel

participating in the Project. The CG shall be subject to

regular review and revision with the aim of downgrading the

classification whenever this is appropriate. The PSI and the CG

shall be approved by the appropriate DSA prior to the transfer

of any Classified Information or Controlled Unclassified

Information.

11.6. The DSA of the Party that awards a classified Contract

shall assume responsibility for administering within its

territory security measures for the protection of the Classified

Information, in accordance with its laws and regulations. Prior

to the release to a Contractor, Prospective Contractor, or

subcontractor of any Classified Information received under this

Agreement, the DSAs or their designees shall:

11.6.1. Ensure that such Contractor, Prospective

Contractor, or subcontractor (and their

facilities) have the capability to protect the

Classified Information adequately.

11.6.2. Grant a security clearance to the facilities, if

appropriate.

11.6.3. Grant a security clearance for all personnel with

duties that require access to Classified

Information, if appropriate.

11.6.4. Ensure that all persons having access to the

Classified Information are informed of their

obligations to protect the Classified Information

33
in accordance with national security laws and

regulations and the conditions of this Agreement.

11.6.5. Carry out periodic security inspections of

cleared facilities to ensure that the Classified

Information is properly protected.

11.6.6. Ensure that access to the Classified Information

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

11.7. 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 Agreement only when enforceable

measures are in effect to ensure that nationals or other

entities of a Third Party shall not have access to Classified

Information. If enforceable measures are not in effect to

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

the other Party shall be consulted for approval prior to

permitting such access.

11.8. For any facility in which Classified Information is to be

used, the responsible Party or Contractor shall approve the

appointment of a person or persons to exercise effectively the

obligations for safeguarding at such facility the Information

pertaining to this Agreement. These officials shall be

responsible for limiting access to Classified Information

involved in this Agreement to those persons who have been

properly approved for access and have a need-to-know.

11.9. Each Party shall ensure that access to Classified

Information is limited to those persons who possess requisite

security clearances and have a specific need for access to the

Classified Information in order to participate in the Project.

11.10. Information provided or generated pursuant to this

Agreement may be classified as high as Confidential. The

existence of this Agreement is unclassified and the contents are

unclassified.

34
ARTICLE XII

THIRD PARTY SALES AND TRANSFERS

12.1. The Parties shall not sell, transfer title to, disclose,

or transfer possession of Project Foreground Information, or any

item produced either wholly or in part from Project Foreground

Information, to any Third Party without the prior written

consent of the Governments of the other Parties. Furthermore,

none of the Parties shall permit any such sale, disclosure, or

transfer, including by the owner of the item, without the prior

written consent of the Governments of the other Parties. Such

consent shall not be given unless the Government of the intended

recipient confirms in writing with the other Parties that it

shall:

12.1.1. Not retransfer, or permit the further retransfer

of, any equipment or Information provided.

12.1.2. Use, or permit the use of, the equipment or

Information provided only for the purposes

specified by the Parties.

12.2. The Parties shall not sell, transfer title to, disclose,

or transfer possession of Project Background Information or

Project Equipment provided by the other Parties to any Third

Party without the prior written consent of the Government of the

Party that provided such equipment or Information. The

providing Party's Government shall be solely responsible for

authorizing such transfers and, as applicable, specifying the

method and conditions for implementing such transfers.

35
ARTICLE XIII

LIABILITY AND CLAIMS

13.1. For liability arising out of, or in connection with,

activities undertaken in the performance of official duty in the

execution of the Agreement, the following conditions shall

apply:

13.1.1. Claims against a Party or its military or civilian

personnel shall be dealt with in accordance with the terms

of applicable multilateral or bilateral treaties and

agreements of the Parties.

13.1.2. For those claims for which multilateral or

bilateral treaties or agreements do not apply, the

following conditions shall apply:

13.1.2.1. With the exception of claims for loss of or

damage to Project Equipment and the Helsinki Class

FMC, U.S. DoD and Germany MOD test equipment, which

are addressed in Article VII (Project Equipment), each

Party waives all claims against the other Parties in

respect to injury to or death of its military or

civilian personnel and for damage to or loss of its

property caused by such personnel of another Party.

However, if the Parties determine that such injury,

death, damage, or loss results from reckless acts or

reckless omissions, willful misconduct or gross

negligence of a Party's military or civilian

personnel, the costs of any liability shall be borne

by that Party alone.

13.1.2.2. Claims from any other persons for injury,

death, damage, or loss of any kind caused by one of

the Parties' military or civilian personnel shall be

processed by the most appropriate Party, as determined

by the Parties. Any costs determined to be owed the

claimant shall be borne equally by the Parties.

However, if the Parties determine that such injury,

death, damage, or loss results from reckless acts or

reckless omissions, willful misconduct, or gross

negligence of a Party's military or civilian

personnel, the costs of any liability shall be borne

by that Party alone.

36
13.2. Claims arising under any Contract awarded under this

Agreement shall be resolved in accordance with the conditions of

the Contract.

13.3. Employees and agents of Contractors are not considered

civilian personnel of a Party for the purposes of this Article.

37
ARTICLE XIV

CUSTOMS DUTIES, TAXES, AND SIMILAR CHARGES

14.1. Customs duties, import and export taxes, and similar

charges shall be administered in accordance with each Party's

respective laws and regulations. Insofar as existing national

laws and regulations permit, the Parties shall endeavor to

ensure that such readily identifiable customs duties, import and

export taxes, and similar charges, as well as quantitative or

other restrictions on imports and exports, are not imposed in

connection with work carried out under this Project.

14.2. Each Party shall use its best efforts to ensure that

customs duties, import and export taxes, and similar charges are

administered in a manner favorable to the efficient and

economical conduct of the work of this Project. If any such

customs duties, import and export taxes, or similar charges are

levied, the Party in whose country they are levied shall bear

such costs over and above that Party's shared costs of the

Project.

14.3. If, in order to apply European Union (EU) regulations, it

is necessary to levy duties, then these shall be met by the EU

member end recipient. To this end, parts of the components of

the equipment coming from outside the EU shall proceed to their

final destination accompanied by the relevant customs document

enabling settlement of duties to take place. The duties shall

be paid as a cost over and above that EU Party's shared cost of

the Project.

38
ARTICLE XV

SETTLEMENT OF DISPUTES

15.1. Disputes between the Parties arising under or relating to

this Agreement shall be resolved only by consultation between

the Parties and shall not be referred to a national court, an

international tribunal, or to any other person or entity for

settlement.

39
ARTICLE XVI

AMENDMENT, TERMINATION, ENTRY INTO FORCE, AND DURATION

16.1. All activities of the Parties under this Agreement shall

be carried out in accordance with their respective national laws

and regulations, including their respective export control laws

and regulations. The obligations of the Parties shall be

subject to the availability of funds for such purposes.

16.2. Except as otherwise provided, this Agreement may be

amended by the mutual written consent of the Parties.

16.3. This Agreement may be terminated at any time upon the

written consent of the Parties. In the event all Parties

consent to terminate this Agreement, the Parties shall consult

prior to the date of termination to ensure termination in the

most economical and equitable manner.

16.4. In the event that the Agreement is terminated, the

following rules shall apply:

16.4.1. The Parties shall continue participation,

financial or otherwise, up to the effective date

of termination.

16.4.2. Each Party shall be responsible for its own

Project-related costs associated with termination

of the Project.

16.4.3. All Project Information and rights therein

received under this Agreement prior to the

termination of this Agreement shall be retained

by the Parties, subject to the conditions of this

Agreement.

16.5. Any Party may withdraw from this Agreement upon 90 days

written notification to the other Parties of its intent to

withdraw. Such notice shall be the subject of immediate

consultation by the SC to decide upon the appropriate course of

action to conclude the activities under this Agreement. In the

event of such withdrawal, the following rules apply:

40
16.5.1. The Party withdrawing from this Agreement shall

continue participation, financial or otherwise,

up to the effective date of the withdrawal.

16.5.2. The total contribution by any withdrawing Party

shall in no event exceed the Cost Ceiling set out

in paragraph 5.3. of Article V (Financial

Provisions) of this Agreement.

16.5.3. Each Party shall be responsible for its own

Project-related costs associated with the

withdrawal of the withdrawing Party from the

Project.

16.5.4. All Project Information and rights therein

received under the conditions of this Agreement

prior to the Party withdrawing from this

Agreement shall be retained by the Parties,

subject to the conditions of this Agreement.

16.6. The respective rights and obligations of the Parties

regarding Article VIII (Disclosure and Use of Project

Information), Article IX (Controlled Unclassified Information),

Article XI (Security), Article XII (Third Party Sales and

Transfers), and Article XIII (Liability and Claims), Article XV

(Settlement of Disputes), and this Article XVI (Amendment,

Termination, Entry into Force, and Duration) of this Agreement

shall continue to apply notwithstanding termination or

expiration of this Agreement.

16.7. This Agreement, which consists of sixteen (16) Articles,

shall enter into force as follows:

16.7.1. The Agreement shall enter into force between the

Germany MOD and the U.S. DoD on the date that

both have signed the Agreement.

16.7.2. After the Finland MOD has signed the Agreement,

it shall notify the Germany MOD and the U.S. DoD

in writing of the completion of Finland MOD's

national measures necessary for entry into force

of this Agreement. This Agreement shall enter

into force for the Finland MOD on the day

specified in such written notification and this

written notification shall be attached to this

Agreement's signature page.

41
16.7.3. The Germany MOD and U.S. DoD, who have previously

signed the Agreement, shall have no obligations

with regard to the Finland MOD, and the Finland

MOD shall have no obligations and receive no

benefits under this Agreement until such time as

this Agreement has entered into force for Finland

in accordance with paragraph 16.7.2. above.

16.8. This Agreement shall remain in force for three years from

the date on which both Germany MOD and U.S. DoD have signed the

Agreement. It may be extended by written concurrence of the

Parties.

42
FOR THE DEPARTMENT OF a FNSE

OF THE UNITED T T 0

AMERICA

ature

IN WITNESS WHEREOF, the undersigned, being duly authorized by

their Governments, have signed this Agreement.

DONE, in triplicate, in the English language.

FOR THE MINISTRY OF DEFENCE

OF THE REPUBLIC OF FINLAND

ACTING ON BEHALF OF THE

GOVERNMENT OF FINLAND

Signature

ERO LAVONEN

Name

Director General,

Ministry of Defence of Finland

Title

1.)(A5W-Qc-

200J 

Date

Location

FOR THE FEDERAL MINISTRY OF

DEFENSE OF THE FEDERAL

REPUBLIC OF GERMANY

Signature

<264Vit1tf,

cut:ireName

V; IL=C:f2iiS;DEASC %ROI

Title

ZS. olcir. 2c> s

Date

1,6:5B1-4.7-001'

Location

RDML S. S. VOETSCH 

Name

Deputy Assistant Secretary of the

Navy (International Programs) 

Title

OCT 1 2009

Date

Arlington, Virginia

Location

43