TREATIES AND OTHER INTERNATIONAL ACTS SERIES 14-917

________________________________________________________________________

DEFENSE

Research and Development

Agreement Between 

the UNITED STATES OF AMERICA

and ISRAEL

Amending Memorandum of Agreement 

of March 24, 2005

Signed at Washington 

September 16 and 17, 2014
 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.”
ISRAEL

 Defense: Research and Development

 Agreement amending memorandum of 

 agreement of March 24, 2005.

Agreement signed at Washington 

 September 16 and 17, 2014;

 Entered into force September 17, 2014.
AMENDMENT ONE 

TOniE 

MEMORANDUM OF AGREEMENT 

BETWEEN 

THE DEPARTMENT OF DEFENSE 

OF TifE UNITED STATES OF AMERICA 

AND THE 

THE MINISTRY OF DEFENSE 

OF THE STATE OF ISRAEL 

CONCERNING 

COMBATING TERRORISM RESEARCH AND DEVELOPMENT 
PREAMBLE 

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

Defense of the State oflsrael (Israeli MOD), hereinafter referred to as the "Parties"; 

Considering the Memorandum of Agreement Between the Department of Defense of the United 

States of America and the Ministry of Defense of the State of Israel Concerning Combating 

Terrorism Research and Development, which entered into force March 24, 2005 (hereinafter 

referred to as the "Agreement"); and 

Recognizing the need to amend the Agreement in order to continue successful collaboration in 

improving combating terrorism capabilities through the application of state-of-the-art and emerging 

technology; 

Have agreed as follows: 

ARTICLE I 

PURPOSE 

The purpose of this amendment is to increase the Cost Ceiling, add export control text, and extend 

the duration of the Agreement through March 23, 2025. 

The Agreement is amended as follows: 

1. ARTICLE I (DEFINITIONS): 

ARTICLE II 

AMENDMENT 

a. Delete the definition for "Contractor Support Personnel" a!ld replace it with the follow'.ng: 

"Contractor Support Personnel Persons specifically identified as providing administrative, 

managerial, scientific, or technical support services to a 

Party under a support Contract" 

b. Delete the definition for Controlled Unclassified Information and replace it with the 

following: 

"Controlled Unclassified Information Unclassified information to which access or 

distribution limitations have been applied in 

accordance with national laws or regulations. It could 

include information tluit has been declassified but 

remains controlled." 

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c. Add the following new definition: 

"Prospective Contractor 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." 

2. ARTICLE IV (MANAGEMENT AND ORGANIZATION): 

a. Add the following new subparagraph 4.3.12.: 

"4.3.12. Employing its best efforts to resolve, in consultation with the export control 

authorities of the Parties, any export control issues raised by the PMs in accordance 

with subparagraph 4.5.9. of this Article, or raised by a Party's SC representative in 

accordance with subparagraph 8.1.2.4. of Article VID (Disclosure and Use of 

Program Information)." 

b. Add the following new subparagraph 4.5.9.: 

"4.5.9. Monitoring export control arrangements required to implement this Agreement 

and, if applicable, refening immediately to the SC any export control issues that 

could adversely affect the implementation of this Agreement" 

3. ARTICLE V (FINANCIAL PROVISIONS): 

a. Delete the first sentence in paragraph 5.1. and replace it with the following: 

"The Parties estimate that the performance of the obligations under this Agreement shall not 

cost more than a Cost Ceiling of750 million "Then-Year'' (TY) U.S. dollars." 

4. ARTICLE VI (CONTRACTING PROVISIONS): 

a. Delete paragraph 6.6. from Article VI (Contracting Provisions) and replace it with the 

following new paragraph 6.6.: 

"6.6. Each Party's Contracting Agency shall insert into its prospective Contracts (and 

require its Contractors to insert in subcontracts) suitable conditions to satisfy the 

requirements of this Agreement, including Article VIII (Disclosure and Use of 

Program Information), Article IX (Controlled Unclassified Information), Article XI 

(Security), Article XII (Third Party Sales and Transfers), and Article :xvm 

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

including export control provisions in accordance with this Agreement, in particular 

paragraphs 6.8. and 6.9. of this Article. Each Party's Contracting Agency shall 

negotiate to obtain the rights to use and disclose Program Information required by 

Article VIII (Disclosure and Use of Program Information) of this Agreement. 

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During the Contracting process, each Party shall also advise Prospective Contractors 

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

Agency, before Contract award, if they are subject to any license or agreement that 

will restrict their Government's freedom to disclose information or permit its use, and 

to employ their best efforts not to enter into any new agreement or arrangement that 

will result in restrictions." 

b. Delete paragraph 6.8. and replace it with the following new paragraph 6.8.: 

"6.8. 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 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 the other Party to its 

·Contractors if the legal arrangements required by this paragraph have been 

established." 

c. Add after new paragraph 6.8. the following new paragraph 6.9., and renumber current 

paragraph 6.9. as paragraph 6.10.: 

"6.9. Each Party shall legally bind its Prospective Contractors to a requirement that the 

Prospective Contractor shall not retransfer or otherwise use export-controlled 

information furnished by the other Party for any purpose other than responding to a 

solicitation issued in furtherance of the purposes authorized under this 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 export-controlled information to a prospective subcontractor unless 

t.lJat prospective subcontractor has been legally bound to limit use of the exportcontrolled information for the purpose of responding to the solicitation. Exportcontrolled information furnished by one Party under this Agreement may only be 

retransferred by the other Party to its Prospective Contractors if the legal 

arrangements 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." 

5. ARTICLE VIII (DISCLOSURE AND USE OF PROGRAM INFORMATION): 

a. Delete the last sentence of subparagraph 8.1.1., and add the following new subparagraph 

8.1.2.: 

"8.1.2. The following export control provisions shall apply to the transfer of Program 

Information: 

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8.1.2.1. Transfer of Program 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 ofthe furnishing 

Party at the time of transfer to the other Party, all export-controlled 

information furnished by one Party to the other Party may be 

retransferred to the other Party's Contractors, subcontractors, Prospective 

Contractors, and prospective subcontractors, subject to the requirements 

of paragraphs 6.8. and 6.9. of Article VI (Contracting Provisions) ofthis 

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 the other Party's nation 

pursuant to this Agreement, subject to the conditions established in 

licenses or other approvals issued by the Government of the former Party 

in accordance with its 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 Party. If a restriction is then 

exercised and the affected Party 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." 

6. ARTICLE IX (CONTROLLED UNCLASSIFIED INFORMATION): 

a. Delete paragraph 9.2. from Article IX (Controlled Unclassified Information) and replace it 

with the following new paragraph 9.2.: 

"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 

Program Security Instruction. The Parties shall 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 Program Security Instruction." 

7. ARTICLE XI (SECURITY): 

a. At the end of the second sentence of paragraph 11.5., delete the period and add the 

following: 

5 
", and shall require that markings for export-controlled Classified Information shall include 

the applicable export markings identified in the PSI in accordance with paragraph 9 .2. of 

Article IX (Controlled Unclassified Information)." 

8. ARTICLE XVITI (AMENDMENT, TERMINATION, ENTRY INTO FORCE, AND 

DURATION): 

a Delete paragraph 18.5. and replace it with the following new paragraph 18.5.: 

"18.5. This Agreement, which consists of eighteen Articles and one Annex, shall enter into 

force upon signature by both Parties and shall remain in force for twenty (20) years. 

It may be extended by written agreement of the Parties." 

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ARTICLE III 

ENTRY INTO FORCE 

This Amendment One to the Agreement shall enter into force upon signature by both Parties. This 

Amendment shall remain in force for the same period as the Agreement that it amends. Unless 

specifically amended herein, all other provisions of the Agreement remain unchanged. 

In witness whereof, the undersigned, being duly authorized by their Governments, have signed this 

Amendment. 

FOR THE DEPARTMENT OF DEFENSE 

OF THE UNITED STATES OF 

AMERICA 

Signature 

William Wechsler 

Name 

Deputy Assistant Secretary of Defense for 

Special Operations and Combating 

Terrorism 

Title 

Date 

Washington, DC 

Location 

7 

FOR THE MINISTRY OF D 

THE STATE OF ISRAEL 

Signature 

Name 

Title 

AHARON .M4£1KM4U«J~SH Dl R 

GOVERNMENT OF ISRAEL ,'=~NSE' MISSION TO THE IJSA 

Date 

(? S-e[> {l( 

Location