TREATIES AND OTHER INTERNATIONAL ACTS SERIES 14-717

________________________________________________________________________

DEFENSE

Joint Strike Fighter Program

Memorandum of Understanding Between the 

UNITED STATES OF AMERICA

and OTHER GOVERNMENTS

Signed at High Wycombe, The Hague, Breda, 

Washington, and Canberra July 7, 11, 17, and 21, 2014 

with

Annexes
 

NOTE BY THE DEPARTMENT OF STATE

 Pursuant to Public Law 89—497, approved July 8, 1966

(80 Stat. 271; 1 U.S.C. 113)—

“. . .the Treaties and Other International Acts Series issued

under the authority of the Secretary of State shall be competent

evidence . . . of the treaties, international agreements other than

treaties, and proclamations by the President of such treaties and

international agreements other than treaties, as the case may be, 

therein contained, in all the courts of law and equity and of maritime

jurisdiction, and in all the tribunals and public offices of the

United States, and of the several States, without any further proof

or authentication thereof.”
 

 MULTILATERAL

 Defense: Joint Strike Fighter Program

 Memorandum of understanding signed at 

 High Wycombe, The Hague, Breda, Washington, 

 and Canberra July 7, 11, 17, and 21, 2014;

 Entered into force July 17, 2014.

 With annexes.

 

 
MEMORANDUM OF UNDERSTANDING 

AMONG THE 

DEPARTMENT OF DEFENCE OF AUSTRALIA 

AND THE 

MINISTER OF DEFENCE OF THE KINGDOM OF THE 

NETHERLANDS 

AND THE 

SECRETARY OF STATE FOR DEFENCE OF THE 

UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND 

AND THE 

SECRETARY OF DEFENSE ON BEHALF OF THE DEPARTMENT OF DEFENSE 

OF THE UNITED STATES OF AMERICA 

CONCERNING 

COOPERATIVE INITIAL OPERATIONAL TEST AND EVALUATION 

OF THE F-35 LIGHTNING II JOINT STRIKE FIGHTER 

(Short Title - F-35 IOT&E MOU) 
TABLE OF CONTENTS 

INTRODUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 

SECTION I 

DEFINITIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 

SECTION II 

OBJECTIVES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 

SECTION III 

SCOPE OF WORK . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 

SECTION IV 

MANAGEMENT (ORGANIZATION AND RESPONSIBILITY) ........... 16 

SECTION V 

FINANCIAL PROVISIONS ................................... 21 

SECTION VI 

CONTRACTING PROVISIONS ................................. 25 

SECTION VII 

PROJECT EQUIPMENT AND JOINTLY ACQUIRED EQUIPMENT ........ 28 

SECTION VIII 

DISCLOSURE AND USE OF PROJECT INFORMATION . . . . . . . . . . . . . . . 3 0 

SECTION IX 

CONTROLLED UNCLASSIFIED INFORMATION .................... 39 

SECTION X 

VISITS TO ESTABLISHMENTS ............................... 41 

SECTION XI 

SECURITY .......... · ..................................... 42 

SECTION XII 

THIRD PARTY SALES AND TRANSFERS ......................... 46 

SECTION XIII 

LIABILITY AND CLAIMS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 8 

SECTION XIV 

CUSTOMS DUTIES, TAXES, AND SIMILAR CHARGES .............. 50 

SECTION XV 

SETTLEMENT OF DISPUTES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 

2 
SECTION XVI 

LANGUAGE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 

SECTION XVII 

AMENDMENT, WITHDRAWAL, TERMINATION, ENTRY INTO EFFECT, 

AND DURATION ........................................... 53 

ANNEX A 

COOPERATIVE PROJECT PERSONNEL .......................... 57 

ANNEX B 

SAFETY, AIRWORTHINESS, AND MISHAP INVESTIGATION 

RESPONSIBILITIES. . . . . . . . . . . . . . . . . . . . 70 

3 
INTRODUCTION 

The Department of Defence of Australia (AUS DOD) , the Minister 

of Defense of the Kingdom of the Netherlands (NL MOD), the 

Secretary of State for Defence of the United Kingdom of Great 

Britain and Northern Ireland (UK MOD), and the Secretary of 

Defense on behalf of the Department of Defense of the United 

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

"Participants": 

Having a common interest in defense; 

Recognizing the benefits to be obtained from international 

cooperation regarding standardization, rationalization, and 

interoperability of military equipment; 

Desiring to improve their mutual conventional defense 

capabilities through the application of emerging technology; 

Recognizing the Participants' cooperation under the Memorandum 

of Understanding (MOU) among the Department of Defence of 

Australia, and the Minister of National Defence of Canada and 

the Ministry of Defence of Denmark and the Ministry of Defence 

of the Republic of Italy and the State Secretary of Defence of 

the Kingdom of the Netherlands and the Ministry of Defence of 

the Kingdom of Norway and the Undersecretariat for Defense 

Industries on behalf of the Ministry of National Defense of the 

Government of the Republic of Turkey and the Secretary of State 

for Defence of the United Kingdom of Great Britain and Northern 

Ireland and the Secretary of Defense on behalf of the Department 

of Defense of the United States of America concerning the 

Cooperative Framework for System Development and Demonstration 

of the Joint Strike Fighter (JSF SDD Framework MOU) of January 

17, 2001, as amended, and the U.S. DoD-U.K. MOD Supplement, the 

U.S. DoD-NL MOD Supplement, and the U.S. DoD-AUS DOD Supplement 

thereto; 

Recognizing the Participants' cooperation under the Memorandum 

of Understanding among the Department of Defence of Australia 

and the Minister of National Defence of Canada and the Ministry 

of Defence of Denmark and the Ministry of Defence of the 

Republic of Italy and the State Secretary of Defence of the 

Kingdom of the Netherlands and the Ministry of Defence of the 

Kingdom of Norway and the Undersecretariat for Defense 

Industries on behalf of the Ministry of National Defense of the 

Republic of Turkey and the Secretary of State for Defence of the 

4 
United Kingdom of Great Britain and Northern Ireland and the 

Secretary of Defense on behalf of the Department of Defense of 

the United States of America Concerning the Production, 

Sustainment, and Follow-on Development of the Joint Strike 

Fighter (JSF PSFD MOU), which entered into effect December 31, 

2006; 

Having a mutual need for the Initial Operational Test and 

Evaluation (IOT&E) of the F-35 Lightning II Joint Strike Fighter 

(JSF) (hereafter referred to as "F-35") Air System to satisfy 

operational requirements as established in the JSF Operational 

Requirements Document (JORD) ; 

Recognizing the benefits of continued cooperation in the F-35 

Program, and seeking to capitalize on the lessons learned from 

their previous experience in that Program and other 

international cooperative programs; and 

Recognizing the successful cooperation under the 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 the United Kingdom of Great Britain and 

Northern Ireland Concerning Cooperative Initial Operational Test 

and Evaluation of the Joint Strike Fighter (JSF IOT&E MOU), 

which entered into effect January 17, 2007, as amended), and 

seeking to continue and expand that effort by superseding that 

JSF IOT&E MOU with the entry into effect of this F-35 IOT&E MOU; 

Have reached the following understandings: 

5 
SECTION I 

DEFINITIONS 

The Participants have jointly decided upon the following 

definitions for terms used in this F-35 IOT&E MOU: 

Accident 

Investigation 

Board 

Air Vehicle 

Autonomic 

Logistics 

Classified 

Information 

A board assembled to conduct a legal 

investigation and prepare a publicly 

releasable report for use in litigation, 

claims, disciplinary actions, and 

administrative proceedings. 

The Air Vehicle includes the three variants 

of the F-35 aircraft and the propulsion 

systems, as well as the on-board hardware, 

the ancillary mission equipment-necessary to 

employ the F-35 Air System, and the software 

necessary to perform assigned missions, 

autonomous operation, and communication with 

off-board systems. 

An integrated, knowledge-based system that 

encompasses F-35 maintenance planning, 

manpower and personnel, supply support, 

support equipment, training, technical data, 

computer resource support, facilities, 

packaging, handling, storage and 

transportation, prognostics and health 

management, and design interface while 

coordinating with mission planning, 

engineering, safety, command and control 

functions, within a respective logistics 

infrastructure to support mission execution. 

Official Information that requires 

protection in the interests of national 

security and is so designated by the 

application of a security classification 

marking. This Information may be in oral, 

visual, magnetic, or documentary form or in 

the form of equipment, material, or 

technology. 

6 
Cognizant Security 

Authority (CSA) 

Contract 

Contracting 

Contracting Agency 

Contracting Officer 

Contractor 

Contractor Support 

Personnel 

Controlled 

Unclassified 

Information 

The Military Departments' (e.g., u.s. Navy, 

U.S. Air Force, and equivalents among the 

Participants) Special Access Program Central 

Office (SAPCO) . 

Any mutually binding legal relationship 

under national laws that obligates a 

Contractor to furnish supplies or services, 

and obligates one or more of the 

Participants to pay for them. 

The obtaining of supplies or services by 

Contract from sources outside the government 

organizations of the Participants. 

Contracting includes 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. 

The entity within the government 

organization of a Participant that has 

authority to enter into, administer, or 

terminate Contracts. 

A person representing a Contracting Agency 

of a Participant who has the authority to 

enter into, administer, or terminate 

Contracts. 

Any entity awarded a Contract by a 

Participant's Contracting Agency. 

Persons specifically identified as providing 

administrative, managerial, scientific, or 

technical support services to a Participant 

under a support Contract. 

Unclassified Information to which access or 

distribution limitations have been applied 

in accordance with applicable national laws 

or regulations. It includes Information 

that has been declassified but remains 

controlled. 

7 
Cooperative Project 

Personnel (CPP) 

Dedicated 

Operational Test 

and Evaluation 

(OT&E) 

F-35 Air System 

F-35 Initial 

Operational Test & 

Evaluation (F-35 

IOT&E) 

F-35 Initial 

Operational Test 

and Evaluation 

Activities (F-35 

IOT&E Activities) 

Military members or civilian employees of a 

Participant assigned to the F-35 Initial 

Operational Test and Evaluation (F-35 IOT&E) 

Joint Strike Fighter Operational Test Team 

(JOTT) who perform managerial, engineering, 

technical, administrative, Contracting, 

logistics, financial, planning, or other 

functions in furtherance of the Project. 

Efforts conducted prior to F-35 IOT&E to 

evaluate independently the operational 

effectiveness and operational suitability 

and survivability of the F-35 Air System 

using production- and fleet-representative 

systems demonstrating stabilized performance 

in an operationally realistic environment, 

in accordance with the detailed test plan 

approved by Director, Operational Test and 

Evaluation. 

The F-35 Air System consists of two interrelated elements: Air Vehicle and Autonomic 

Logistics that operate within the context of 

external interfaces and environments. 

The conduct of evaluations of the 

operational effectiveness and operational 

suitability and survivability of the F-35 

Air System using production- and fleetrepresentative systems demonstrating 

stabilized performance in an operationally 

realistic environment, in accordance with 

the detailed test plan approved by Director, 

Operational Test and Evaluation. 

The efforts performed under this F-35 IOT&E 

MOU to evaluate operational effectiveness 

and operational suitability and 

survivability of the F-35 Air System using 

production- and fleet-representative systems 

demonstrating stabilized performance in an 

operationally realistic environment, in 

accordance with the detailed test plan 

approved by Director, Operational Test and 

Evaluation. F-35 IOT&E Activities include 

preparation for, and execution of, all 

Dedicated OT&E events and F-35 IOT&E. 

8 
F-35 Program 

F-35 Purposes 

Financial Costs 

Financial Cost 

Ceiling 

Follow-on 

Operational Test & 

Evaluation (FOT&E) 

Host Participant 

Information 

Efforts to achieve a three-variant family of 

the F-35 Air Systems, consisting of F-35 

concept demonstration, system development 

and demonstration, production, sustainment, 

and follow-on development. 

Performance of F-35 IOT&E Activities 

pursuant to this F-35 IOT&E MOU, and future 

efforts by a Participant (collaboratively, 

nationally, or under U.S. DoD Foreign 

Military Sales arrangements) for the design, 

development, manufacture, operation, and 

support of any of the three variants of the 

F-35 Air System. 

Project costs met with monetary 

contributions. 

The maximum amount of shared Financial Costs 

that will be dedicated to the Project. 

Operational test and evaluation efforts 

conducted after F-35 IOT&E is complete. 

The Participant whose nation serves as the 

location of the F-35 IOT&E JOTT. 

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. 

9 
Intellectual 

Property 

Jointly Acquired 

Equipment 

JOTT 

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, and geographical indications, and 

any other rights resulting from creative 

activity in the industrial, scientific, 

literary, and artistic fields. 

Any material, equipment, end item, 

subsystem, component, special tooling, or 

test equipment that is obtained and jointly 

funded by the Participants under this F-35 

IOT&E MOU. 

JSF Operational Test Team. 

Non-financial Costs Project costs met with non-monetary 

contributions. 

Parent Participant The Participant that sends its CPP to the 

F-35 IOT&E JOTT located in the nation of the 

Host Participant. 

Participant 

Patent 

A signatory to this F-35 IOT&E MOU 

represented by its military or civilian 

personnel. Contractors and Contractor 

Support Personnel will not be 

representatives of a Participant under this 

F-35 IOT&E MOU. 

Grant by any government or a regional office 

acting for more than one government of the 

right to exclude others from making, using, 

importing, selling, or offering to sell an 

invention. The term refers to any and all 

patents including, but not limited to, 

patents of implementation, improvement, or 

addition, petty patents, utility models, 

appearance design patents, registered 

10 
Privileged Safety 

Information 

Project 

Project Background 

Information 

Project Equipment 

Project Foreground 

Information 

designs, and inventor certificates or like 

statutory protection, as well as divisions, 

reissues, continuations, renewals, and 

extensions of any of these. 

Information regarding safety matters that is 

marked and handled as Controlled 

Unclassified Information and provided to the 

Participants' civilian and military 

employees and Contractors who have a need to 

know such Information to improve safety as 

determined by each Participant's national 

safety authorities. 

The cooperative F-35 IOT&E Activities of the 

Participants under this F-35 IOT&E MOU to 

achieve the objectives in Section II 

(Objectives) and accomplish the work in 

Section III (Scope of Work) . 

Information not generated in the performance 

of the Project. 

Any material, equipment, end item, 

subsystem, component, special tooling, or 

test equipment provided by one Participant 

to another Participant for use in the 

Project. 

Information generated in the performance of 

the Project. 

Project Information Any Information provided to, generated in, 

or used in this Project. 

Project Invention 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 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 

11 
Prospective 

Contractor 

Safety 

Investigation 

Board 

an invention for its intended purpose and in 

its intended environment. 

Any entity that seeks to enter into a 

Contract to be awarded by a Participant's 

Contracting Agency and that, in the case of a 

solicitation involving the release of exportcontrolled Information, is eligible to 

receive such Information. 

A board assembled to conduct an investigation 

into a Department of Defense (DoD) accident, 

with the sole intent of preventing future 

mishaps. A safety investigation tries to 

determine the cause of a mishap and identify 

actions that can be taken to prevent similar 

accidents. 

Test and Evaluation Document that identifies the high-level 

Master Plan (TEMP) requirements and defines the objectives and 

overall structure of the Test and Evaluation 

(T&E) for the F-35 Air System. 

Then-Year (TY) 

U.S. Dollars 

Third Party 

U.S. Dollars that reflect purchasing power at 

the time expenditures are actually made. 

Future costs stated in Then-Year U.S. Dollars 

are projected actual amounts to be paid. 

A government other than the Government of a 

Participant and any person or other entity 

whose government is not the Government of a 

Participant. 

12· 
SECTION II 

OBJECTIVES 

2.1. The overall objective of this F-35 IOT&E MOU is the 

cooperative F-35 IOT&E of the F-35 Air System. 

2.2. The Participants recognize that they must possess a 

government capability to perform F-35 IOT&E. Key aspects of 

this include: 

2.3. 

2.2 .1. 

2.2.2. 

2.2.3. 

Cooperation and participation in relevant aspects 

of planning and real-time execution of F-35 

IOT&E. 

A mutual understanding of F-35 Air System safety 

hazards and fault tree analysis. 

Sufficient Air System understanding to satisfy 

national safety related requirements. 

The specific objectives to be accomplished are to: 

2.3 .1. 

2.3.2. 

2. 3. 3. 

Evaluate, in an operationally representative 

environment, in accordance with the TEMP and the 

detailed test plan approved by Director, 

Operational Test and Evaluation, the mission 

capability of the three F-35 Air System variants 

(i.e., the F-35A Conventional Take-Off and 

Landing (CTOL) variant; the shipboard-capable F35B Short Take-Off and Vertical Landing (STOVL) 

variant; and the F-35C catapult-launched, 

arrested-landing Carrier Variant (CV)) developed 

under the JSF SDD Framework MOU. 

Maximize affordability by eliminating redundant 

test and evaluation costs while maintaining 

operationally realistic test conditions in 

accordance with the TEMP and the detailed test 

plan approved by Director, Operational Test and 

Evaluation. 

Optimize the use of available test resources, and 

maximize the benefits gained from commonality and 

interoperability among the Participants while 

maintaining operationally realistic test 

conditions in accordance with the TEMP and the 

13 
2 . 3 . 4 . 

detailed test plan approved by Director, 

Operational Test and Evaluation. 

Deliver a U.S. DoD test report to the 

Participants, subject to the Participants' 

national disclosure laws, regulations, and 

policies, to support production and fielding 

decisions, and recommend corrections of 

identified deficiencies in production aircraft. 

Non-U.S. DoD Participants may prepare their own 

reports (subject to Participants' national 

disclosure laws, regulations and policies), to 

support their production and fielding decisions, 

and recommend corrections of identified 

deficiencies in production aircraft. 

14 
SECTION III 

SCOPE OF WORK 

3.1. The overall work to be carried out under this F-35 IOT&E 

MOU includes the planning, execution, and reporting of F-35 

IOT&E Activities, as specified in the OT&E provisions (excluding 

Follow-on OT&E (FOT&E)) of the approved F-35 TEMP. FOT&E is 

outside the scope of work of this F-35 IOT&E MOU and is intended 

to be the subject of separate written arrangements. 

Participation by personnel of the Participants in specific 

activities under this F-35 IOT&E MOU will be subject to U.S. 

national disclosure laws, regulations, and policies. In 

addition, non-u.s. Participants' national disclosure laws, 

regulations, and policies will be applied where necessary. This 

Project will include the following efforts: 

3.1.1. 

3 . 1 . 2 . 

3.1.3. 

3.1.4. 

Plan, execute, and report Dedicated OT&E and F-35 

IOT&E of the F-35 Air System in accordance with 

the TEMP and the detailed test plan approved by 

Director, Operational Test and Evaluation. 

Monitor and assess SDD developmental efforts in 

order to gain a better understanding of the F-35 

Air System for testing purposes, plan for 

Dedicated OT&E and F-35 IOT&E, and provide input 

into the development of the F-35 Air System to 

ensure its operational effectiveness and 

suitability. 

Develop and implement streamlined management and 

control processes to promote efficiency, 

effectiveness, and best value in the conduct of 

F-35 IOT&E Activities. 

On a non-interference basis, national interface 

test requirements may be conducted beyond the 

scope of the TEMP and the detailed test plan 

approved by Director, Operational Test and 

Evaluation, subject to the approval of the 

Combined Test Director (CTD) and in accordance 

with Section 5.5. of this F-35 IOT&E MOU. 

3.2. The cooperative efforts under this F-35 IOT&E MOU will also 

include the exchange of notifications of safety-related events, 

including but not limited to exchange of Privileged Safety 

15 
Information among the Participants in those cases in which an 

event related to the F-35 Air System has resulted in, or may 

result in, an unsafe condition. Any exchange of Privileged 

Safety Information will be done in accordance with the 

procedures contained in the overall Project Security Instruction 

(PSI) and bilateral annexes, with specific attention given to 

actions required of non-U.S. DoD Participants in documenting 

process controls and procedures for data protection. Such 

notifications may be by government message, electronic mail, or 

other written means, and will be made as soon as possible. 

3.3. The U.S. DoD Military Department (e.g., U.S. Navy or U.S. 

Air Force) or equivalent among the Participants will be 

responsible for conducting safety investigations and accident 

investigations of accidents occurring during this Project that 

involve any aircraft used in, or provided for use in, the 

Project. U.S. DoD Participants will be supported by the host 

base in the conduct of Safety or Accident Investigation Boards. 

Participants other than U.S. DoD will be supported by the host 

base and U.S. DoD Participants in the conduct of Safety or 

Accident Investigation Boards. The JOTT will provide security 

support and coordination for all Safety & Accident Investigation 

Boards. All Safety & Accident Investigation Boards will comply 

with applicable disclosure laws, regulations, and policies. 

Annex B (Safety, Airworthiness, and Mishap Investigation 

Responsibilities) establishes provisions for safety, 

airworthiness, and mishap investigation responsibilities. 

16 
SECTION IV 

MANAGEMENT (ORGANIZATION AND RESPONSIBILITY) 

4.1. This Project will be directed and administered on behalf 

of the Participants by an organization consisting of an F-35 

IOT&E Executive Committee (F-35 IOT&E EC) and an F-35 IOT&E 

JOTT headed by a CTD. The F-35 IOT&E EC will have overall 

authority over the CTD, in accordance with this F-35 IOT&E MOU. 

The CTD will have primary responsibility for effective 

implementation, efficient management, and direction of the 

Project in accordance with this F-35 IOT&E MOU. 

4.2. The F-35 IOT&E EC members will consist of three voting 

representatives, one non-voting representative, and two nonvoting delegates. The U.S. DoD F-35 IOT&E EC voting 

representatives will be the Commander, U.S. Air Force 

Operational Test and Evaluation Center (AFOTEC) , and the 

Commander, U.S. Navy Operational Test and Evaluation Force 

(COMOPTEVFOR), or their successors in the event of 

reorganization. The UK MOD F-35 IOT&E EC voting representative 

will be the Commandant of the Air Warfare Centre (or successor 

in the event of reorganization). The U.S. DoD F-35 IOT&E EC 

non-voting representative will be the U.S. DoD Director, 

Operational Test and Evaluation (DOT&E) (or successor in the 

event of reorganization) . The NL MOD and the AUS DOD non-voting 

delegates will be identified by the NL MOD and AUS DOD 

Participants. The F-35 IOT&E EC will meet at least annually 

with additional meetings held at the request of any Participant. 

The Commander, AFOTEC, will chair the F-35 IOT&E EC. In the 

event that the F-35 IOT&E EC is unable to reach a timely 

decision on an issue, the Project will continue to be 

implemented without interruption under the direction of the CTD 

while the issue is being resolved. Notwithstanding the 

provisions of 4.2., above, F-35 IOT&E EC members (all 

representatives and delegates) will be responsible for 

approving: 

4.2.1. The CTD-recommended Financial Management 

Procedures Document (FMPD) for the Project, the respective 

Participant's bilateral FMPD Annex, and any changes thereto, in 

accordance with Section V (Financial Provisions) of this F-35 

IOT&E MOU; 

17 
4.2.2. The Participant's CTD-recommended Position 

Description Documents (PDDs) for the F-35 IOT&E CPP described in 

subparagraph 4.5.15. of this Section; and 

4.2.3. The sections relevant to each Participant 

(as determined by the CTD) of the CTD-recommended management 

plan. 

4.3. The F-35 IOT&E EC will be responsible for exercising 

executive-level oversight of the Project, specifically: 

4 . 3 . 1 . 

4 . 3 . 2 . 

4 . 3 . 3 . 

4.3.4. 

4 • 3 • 5 . 

4 • 3 • 6 • 

4 . 3 . 7 . 

4 . 3 . 8 . 

4.3.9. 

Reviewing progress towards accomplishing Section 

II (Objectives) and Section III (Scope of Work). 

Reviewing progress in meeting F-35 IOT&E 

requirements as specified in the TEMP and the 

detailed test plan approved by Director, 

Operational Test and Evaluation. 

Reviewing any CTD-recommended changes to the TEMP 

pertaining to the Participants' F-35 IOT&E 

testing requirements. 

Providing financial oversight of the Project to 

ensure compliance with the provisions of Section 

V (Financial Provisions) . 

Resolving issues brought forth by the CTD. 

Reviewing and forwarding to the Participants for 

approval CTD-recommended amendments to this F-35 

IOT&E MOU in accordance with Section XVII 

(Amendment, Withdrawal, Termination, Entry Into 

Effect, and Duration). 

Approving the CTD-recommended management plan. 

Approving CTD-recommended plans to manage and 

control the transfer and storage of Project 

Equipment provided by a Participant to support 

the execution of the Project in accordance with 

Section VII (Project Equipment and Jointly 

Acquired Equipment) . 

Approving CTD-recommended plans for the disposal 

of Jointly Acquired Equipment under this F-35 

IOT&E MOU in accordance with Section VII (Project 

18 
Equipment and Jointly Acquired Equipment) of this 

F-35 IOT&E MOU. 

4.3.10. Maintaining oversight of the security aspects of 

the Project, including reviewing and obtaining 

approval from the appropriate Cognizant Security 

Authority (CSA), in accordance with the 

appropriate PSI and bilateral annexes and a 

Security Classification Guide (SCG) prior to the 

transfer of Classified Information or Controlled 

Unclassified Information. 

4.3.11. Monitoring Third Party sales and transfers 

authorized in accordance with Section XII (Third 

Party Sales and Transfers) . 

4.3.12. Reviewing the annual progress report provided by 

the CTD. 

4.3.13. Employing its best efforts to resolve, in 

consultations with the export control authorities 

of the Participants concerned, any export control 

issues raised by the CTD in accordance with 

subparagraph 4.5.17. of this Section or raised by 

a Participant's F-35 IOT&E EC representative in 

accordance with subparagraph 8.1.3. of Section 

VIII (Disclosure and Use of Project Information) 

of this F-35 IOT&E MOU. 

4.4. The F-35 IOT&E JOTT will be established in the United 

States to manage the Project. The AFOTEC F-35 Operational Test 

Detachment Commander (or successor in the event of 

reorganization) will be the CTD, who, as head of the F-35 IOT&E 

JOTT, will be responsible for implementing this F-35 IOT&E MOU 

and for day-to-day management of the Project. The Operational 

Test and Evaluation Force (OPTEVFOR) F-35 Operational Test 

Director (or successor in the event of reorganization) will be 

the Deputy Combined Test Director (DCTD). The DCTD's 

responsibilities will be to assist the CTD in performing his/her 

responsibilities. 

4.5. The CTD will be responsible for: 

19 
4.5 .1. 

4.5.2. 

4. 5. 3. 

4.5 .4. 

4.5.5 

4.5.6 

4. 5. 7. 

4.5.8. 

---------

Monitoring progress towards accomplishing Section 

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

of this F-35 IOT&E MOU. 

Managing the cost, schedule, performance 

requirements, technical, security, and financial 

aspects of the Project described in this F-35 

IOT&E MOU. 

Managing the execution of the F-35 IOT&E 

requirements set forth in the TEMP and 

recommending to the F-35 IOT&E EC any changes to 

the TEMP pertaining to the Participants' F-35 

IOT&E testing requirements. 

4.5.3.1. Approving, on a non-interference basis, 

national interface test requirements conducted 

beyond the scope of the TEMP and the detailed 

test plan approved and forwarded by Director, 

Operational Test and Evaluation. 

Executing the financial aspects of the Project in 

accordance with Section V (Financial Provisions) 

of this F-35 IOT&E MOU. 

Recommending for F-35 IOT&E EC approval the FMPD 

and any changes thereto in accordance with 

Section V (Financial Provisions) of this F-35 

IOT&E MOU, and implementing the F-35 IOT&E ECapproved FMPD. 

Referring issues to the IOT&E EC that cannot be 

resolved by the CTD. 

Developing and implementing a management plan, to 

be submitted to the IOT&E EC for approval within 

120 days of the entry into effect of this F-35 

IOT&E MOU. 

Developing and implementing IOT&E EC-approved 

plans to manage and control the transfer of 

Project Equipment provided by a Participant in 

accordance with Section VII (Project Equipment 

and Jointly Acquired Equipment) of this F-35 

IOT&E MOU. 

20 
4.5.9. Developing and implementing F-35 IOT&E ECapproved plans for the disposal of Jointly 

Acquired Equipment under this F-35 IOT&E MOU in 

accordance with Section VII (Project Equipment 

and Jointly Acquired Equipment) of this F-35 

IOT&E MOU. 

4.5.10. Forwarding to the F-35 IOT&E EC the overall PSI 

and the Participants' bilateral PSI annexes for 

the Project within three months after entry into 

effect of this F-35 IOT&E MOU, and implementing 

them upon final approval by the CSAs and 

Participating countries. 

4.5.11. Recommending to the F-35 IOT&E EC amendments to 

this F-35 IOT&E MOU, in accordance with Section 

XVII (Amendment, Withdrawal, Termination, Entry 

into Effect, and Duration) of this F-35 IOT&E 

MOU. 

4.5.12. Providing an annual status report to the F-35 

IOT&E EC. 

4.5.13. Appointing a JOTT Government Special Access 

Program (SAP) security officer. 

4.5.14. When approved by the CSA, authorizing program 

access approval for appropriate U.S. Air Force 

program caveats (DCTD for appropriate U.S. Navy 

program caveats and Navy personnel) . 

4.5.15. In consultation with the Lead National 

Representatives, preparing and approving the F-35 

IOT&E CPP PDD through the JOTT Foreign Disclosure 

Officer (FDO) in accordance with applicable 

provisions of U.S. DoD Air Force Instruction 

(AFI) 16-201, Air Force Foreign Disclosure and 

Technology Transfer Program, December 1, 2004, 

incorporating Change 1, August 11, 2009. 

4.5.16. Monitoring export control arrangements required 

to implement this F-35 IOT&E MOU and, if 

applicable, referring immediately to the F-35 

IOT&E EC any export control issues that could 

adversely affect the implementation of this F-35 

IOT&E MOU. 

21 
4.6. Each non-U.S. DoD Participant will provide a Lead National 

Representative and other F-35 IOT&E CPP, who will be assigned to 

the F-35 IOT&E JOTT. Each Lead National Representative's 

primary responsibility will be to serve as the national 

representative of the respective Participant. Specific 

responsibilities of the CPP, including the Lead National 

Representative will be identified in the F-35 IOT&E CPP PDD. 

Additional Lead National Representative responsibilities are 

identified in paragraph 4.7. of this Section. 

4.7. Each Lead National Representative will be responsible for: 

4.7.1. Supporting the CTD in the day-to-day administrative 

management of this F-35 IOT&E MOU, including 

oversight of the Participant's CPP. 

4.7.2. Providing day-to-day representation of the Lead 

National Representative's respective Participant 

within the F-35 IOT&E JOTT, as described in the 

PDD, on all matters related to the Project. 

4.7.3. Assisting the CTD in developing the F-35 IOT&E JOTT 

management plan, the FMPD, and the F-35 IOT&E CPP 

PDD, as appropriate. 

4.7.4. Performing other tasks as may be assigned by the 

CTD within the scope of the PDD. 

4.8. Annex A (Cooperative Project Personnel) establishes 

provisions for the general conduct of all personnel who will 

serve as CPP. 

4.9. The F-35 Program Executive Officer (F-35 PEO), who directs 

the overall F-35 Program at the F-35 Joint Program Office (F-35 

JPO), is responsible for providing input to the FMPD and its 

annexes to the CTD for F-35 IOT&E EC approval, in accordance 

with Section v (Financial Provisions) of this F-35 IOT&E MOU. 

22 
SECTION V 

FINANCIAL PROVISIONS 

5.1. The Participants estimate that the performance of the 

responsibilities under this F-35 IOT&E MOU will not cost more 

than a Financial Cost Ceiling of 550.87 million (M) Then-Year 

(TY) U.S. Dollars. The U.S. Dollar will be the reference 

currency for the Project and the Project fiscal year will be the 

U.S. fiscal year. The Financial Cost Ceiling and the 

Participants' contributions identified in paragraph 5.2. of this 

Section may be changed only upon the mutual written consent of 

the Participants. Such a change will require an amendment to 

this F-35 IOT&E MOU. 

5.2. Each Participant will 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, and will receive an equitable share of the results of 

the Project. 

5.2 .1. 

5.2.2. 

5.2.3. 

5.2 .4. 

The U.S. DoD share of the Financial Cost Ceiling 

is 449.40 million TY U.S. Dollars. The U.S. DoD 

Non-financial Cost contribution includes, but is 

not limited to, munitions, use of eighteen (18) 

F-35 Air Systems, and the services of trained 

personnel for F-35 IOT&E efforts. 

The UK MOD share of the Financial Cost Ceiling is 

44.97 million TY u.s. Dollars. The UK MOD Nonfinancial Cost contribution includes, but is not 

limited to, munitions, use of two (2) F-35 Air 

Systems, and the services of trained personnel 

for F-35 IOT&E efforts. 

The NL MOD share of the Financial Cost Ceiling is 

37.50 million TY U.S. dollars. The NL MOD Nonfinancial Cost contribution includes, but is not 

limited to, munitions, use of two (2) F-35 Air 

Systems, and the services of trained personnel 

for F-35 IOT&E efforts. 

The AUS DOD share of the Financial Cost Ceiling, 

as a non-flying Participant, is 19.00 million TY 

u.s. Dollars. The AUS DOD Non-financial Cost 

contribution includes, but is not limited to, the 

23 
services of trained personnel for F-35 IOT&E 

efforts. 

5.3. Participation in the Project will also include a Nonfinancial Cost contribution of the Participants' personnel 

assigned to the F-35 IOT&E JOTT. In addition to the Nonfinancial Cost contribution identified in subparagraph 5.2.1. of 

this Section, the U.S. DoD Non-financial Cost contribution 

includes the CTD. In addition to the Non-financial Cost 

contribution identified in subparagraphs 5.2.2., 5.2.3., and 

5.2.4. of this Section, the UK MOD, the NL MOD, and the AUS DOD 

Non-financial Cost contributions include their respective Lead 

National Representatives and other CPP assigned to the JOTT. 

5.4. In addition to the shared costs of Project administration 

referenced in paragraph 5.2. of this Section, the cost of 

personnel in the F-35 IOT&E JOTT will be borne as follows: 

5.4 .1. 

5.4.2. 

The Host Participant will bear the costs of all 

pay and allowances of the CTD. 

Each Parent Participant will bear the following 

CPP-related costs: 

5.4.2.1. All pay and allowances of CPP assigned to 

the JOTT. 

5.4.2.2. Transportation of CPP, CPP dependents, and 

their personal property to the F-35 IOT&E 

JOTT location prior to commencement of the 

CPP assignment in the JOTT, and return 

transportation of the foregoing from the 

JOTT location upon completion or termination 

of the CPP assignment. 

5.4.2.3. Compensation for loss of, or damage to, the 

personal property of CPP or CPP dependents, 

subject to the laws and regulations of the 

Parent Participant's Government. 

5.5. The following costs will be borne entirely by the 

Participant incurring the costs or on whose behalf the costs are 

incurred: 

5 .5.1. Costs associated with national representation at 

meetings by non-CPP. 

24 
5. 5. 2. 

5.5.3. 

Costs associated with any unique national 

requirements identified by a Participant. 

Any other costs not expressly stated as shared 

costs or any costs that are outside the scope of 

this F-35 IOT&E MOU. 

5.6. The CTD will be responsible for establishing the detailed 

financial management procedures applicable to this F-35 IOT&E 

MOU. These procedures, which must accord with the national 

accounting and audit requirements of the Participants, will be 

detailed in an FMPD prepared by the CTD in coordination with the 

F-35 JPO for the approval of the F-35 IOT&E EC. Each 

Participant will fund the Project in accordance with the 

estimated schedule of financial contributions contained in the 

FMPD, which will be consistent with paragraph 5.7. of this 

Section. 

5.7. The CTD will prepare a bilateral annex to the FMPD for 

each of the non-U.S. DoD Participants in coordination with the 

F-35 JPO, which will be submitted for approval by the F-35 IOT&E 

EC. Each annex will include an estimated financial schedule and 

those provisions necessary to satisfy the unique financial 

management procedures requirements of the applicable non-U.S. 

DoD Participant. 

5.8. The Participants recognize that it may become necessary 

for one Participant to incur contractual or other obligations 

for the benefit of the other Participants prior to receipt of 

the other Participants' funds. In the event that one 

Participant incurs such obligations, the other Participants will 

make such funds available in such amounts and at such times as 

may be required by the Contract or other obligations and will 

pay any damages and costs that may accrue from the performance 

of or cancellation of the Contract or other obligations in 

advance of the time such payments, damages, or costs are due. 

5.9. A Participant will promptly notify the other Participants 

if available funds are not adequate to fulfill its 

responsibilities under this F-35 IOT&E MOU. If a Participant 

notifies the other Participants that it is terminating or 

reducing its funding for this Project, the Participants will 

immediately consult with a view toward continuation on a 

modified basis. 

5.10. The U.S. DoD will be responsible for the internal audit 

regarding administration of the other Participants' Project 

25 
funds in accordance with U.S. laws, regulations, and policies. 

The U.S. DoD will promptly make audit reports of such funds 

available to the other Participants. Upon the mutual consent of 

the U.S. DoD and another Participant, that Participant, or its 

national audit institution auditors, may assist the u.s. DoD on 

any audit elements required to perform the audit satisfactorily. 

In addition, if a Participant or its national audit institution 

auditors need to obtain or to inspect specific Project data in 

order to fulfill their national obligations, the U.S. DoD will 

arrange for access to such specific data at mutually determined 

times and locations. 

5.11. In the event external audits concerning the Project are 

conducted by the national audit institutions of the 

Participants' nations, such reports will be provided by the 

applicable Participant to the F-35 IOT&E EC representatives of 

the other Participants. The CTD and the Lead National 

Representative will apprise one another as soon as possible of 

external audits concerning the Project by the national audit 

institutions of the Participants' nations. 

26 
SECTION VI 

CONTRACTING PROVISIONS 

6.1. The U.S. DoD will be primarily responsible for Contracting 

for this Project in accordance with U.S. Contracting laws, 

regulations, and procedures. However, the CTD may request that 

a Participant other than the U.S. DoD enter into Contracts for 

the Project in accordance with that Participant's national 

Contracting laws, regulations, and procedures. The Contracting 

Officer for each Contract is the exclusive source for providing 

contractual direction and instructions to Contractors. The 

Contracting Officer will, when it facilitates satisfying the 

objectives of this F-35 IOT&E MOU, seek waivers of national 

procurement regulations, procedures, and practices. 

6.2. The CTD will be responsible for the coordination of F-35 

IOT&E Activities, and will cooperate with the Contracting 

Officer in the areas of Contract procedures, Contract 

negotiation, evaluation of offers, and Contract award. The CTD 

will review statements of work prior to the development of 

solicitations to ensure that they are in accordance with this F35 IOT&E MOU. In addition, the Contracting Officer will keep 

the CTD advised of all financial arrangements with the prime 

Contractor. 

6.3. Contracting Officers 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, the Contracting Officer will advise 

Prospective Contractors of their responsibility to notify the 

Contracting Agency immediately, before Contract award, if they 

are subject to any license or agreement that will restrict their 

freedom to disclose Information or permit its use. The 

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. 

6.4. In the event the Contracting Officer is unable to secure 

adequate rights to use and disclose Project Information as 

required by Section VIII (Disclosure and Use of Project 

Information), or is notified by Contractors or Prospective 

Contractors of any restrictions on the disclosure and use of 

Information, the matter will be referred to the F-35 IOT&E EC 

for resolution. 

27 
6.5. Each Participant's Contracting Agency will insert into 

Prospective Contracts (and require its Contractors to insert in 

subcontracts) provisions to satisfy the requirements of this F35 IOT&E MOU, including Section VIII (Disclosure and use of 

Project Information), Section IX (Controlled Unclassified 

Information), Section XI (Security), and Section XII (Third 

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

Withdrawal, Termination, Entry Into Effect, and Duration), and 

including the export control provisions in accordance with this 

F-35 IOT&E MOU, in particular paragraphs 6.7. and 6.8. of this 

Section. 

6.6. Each Participant will legally bind its Contractors to a 

requirement that the Contractor will not retransfer or otherwise 

use export-controlled Information furnished by another 

Participant for any purpose other than the F-35 Purposes 

authorized under this F-35 IOT&E MOU. The Contractor also will 

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 F-35 Purposes authorized under this F35 IOT&E MOU. Export-controlled Information furnished by one 

Participant under this F-35 IOT&E MOU may only be retransferred 

by another Participant to its Contractors if the legal 

arrangements required by this paragraph have been established. 

6.7. Each Participant will legally bind its Prospective 

Contractors to a requirement that the Prospective Contractor 

will not retransfer or otherwise use export-controlled 

Information furnished by another Participant for any purpose 

other than responding to a solicitation issued in furtherance of 

the F-35 Purposes authorized under this F-35 IOT&E MOU. 

Prospective Contractors will not be authorized use for any other 

purpose if they are not awarded a Contract. The Prospective 

Contractors will also be legally bound not to retransfer the 

export-controlled Information to a prospective subcontractor 

unless that prospective subcontractor has been legally bound to 

limit use of the export-controlled Information for the purpose 

of responding to the solicitation. Export-controlled 

Information furnished by one Participant under this F-35 IOT&E 

MOU may only be retransferred by another Participant to its 

Prospective Contractors if the legal arrangements required by 

this paragraph have been established. Upon request by the 

furnishing Participant, the receiving Participant will identity 

its Prospective Contractors and prospective subcontractors 

receiving such export-controlled Information. 

28 
6.8. The Contracting Officer will immediately advise the CTD of 

any cost growth, schedule change, or performance problems of any 

Contractor for which the Contracting Officer is responsible. 

6.9. Upon mutual consent, consistent with Section II 

(Objectives) of this F-35 IOT&E MOU, a Participant may contract 

for the unique national requirements of another Participant. 

29 
------------------

SECTION VII 

PROJECT EQUIPMENT AND JOINTLY ACQUIRED EQUIPMENT 

7.1. Each Participant may provide Project Equipment identified 

as being necessary for executing this F-35 IOT&E MOU to another 

Participant. Project Equipment will remain the property of the 

providing Participant. A list of all Project Equipment provided 

by one Participant to another Participant will be developed and 

maintained by the F-35 IOT&E JOTT. 

7.2. The receiving Participant will maintain any such Project 

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

the providing Participant has authorized the Project Equipment 

to be expended or otherwise consumed without reimbursement to 

the providing Participant, the receiving Participant will return 

the Project Equipment to the providing Participant 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 Participant will return the Project Equipment to the 

providing Participant (unless otherwise specified in writing by 

the providing Participant) and pay the replacement value, which 

will be computed pursuant to the providing Participant's 

national laws and regulations. If the Project Equipment is lost 

while in the custody of the receiving Participant, the receiving 

Participant will issue a certificate of loss to the providing 

Participant and pay the replacement value. 

7.3. The providing Participant will deliver Project Equipment 

to the receiving Participant at a mutually determined location. 

Possession of the Project Equipment will pass from the providing 

Participant to the receiving Participant at the time of receipt 

of the Project Equipment. Any further transportation is the 

responsibility of the receiving Participant. 

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

the receiving Participant only for the purposes of carrying out 

this F-35 IOT&E MOU, unless otherwise consented to in writing by 

the providing Participant. In addition, in accordance with 

Section XII (Third Party Sales and Transfers) of this F-35 IOT&E 

MOU, Project Equipment will not be re-transferred to a Third 

Party without the prior written consent of the providing 

Participant. 

30 
7.5. Project Equipment transferred to one Participant under 

this F-35 IOT&E MOU will be returned to the providing 

Participant prior to the termination or expiration of this F-35 

IOT&E MOU. 

7.6. Either during or upon cessation of the Project, the U.S. 

DoD may, after consultation with the other Participants, dispose 

of or retain any Jointly Acquired Equipment. Disposal by the 

U.S. DoD may include the transfer of such equipment to another 

Participant. If the U.S. DoD's disposal of any Jointly Acquired 

Equipment is by sale to a Third Party in accordance with Section 

XII (Third Party Sales and Transfers) of this F-35 IOT&E MOU, 

the Participants will share the consideration from such sale in 

the same ratios as specified for their financial contributions 

in subparagraphs 5.2.1. through 5.2.4. of Section v (Financial 

Provisions) of this F-35 IOT&E MOU. 

7.7. If the U.S. DoD does not exercise its benefits under 

paragraph 7.6. of this Section, any Jointly Acquired Equipment 

under this F-35 IOT&E MOU may be disposed of during the Project 

or when the Project ceases as decided by the F-35 IOT&E EC. 

Disposal of Jointly Acquired Equipment may include a transfer of 

the interest of one Participant in such equipment to another 

Participant, or the sale of such equipment to a Third Party in 

accordance with Section XII (Third Party Sales and Transfers) of 

this F-35 IOT&E MOU. The Participants will share the 

consideration from Jointly Acquired Equipment transferred or 

sold to a Third Party in the same ratios as specified for their 

financial contributions in subparagraphs 5.2.1. through 5.2.4. 

of Section V (Financial Provisions) of this F-35 IOT&E MOU. 

31 
SECTION VIII 

DISCLOSURE AND USE OF PROJECT INFORMATION 

8.1. General 

8.1.1. 

8 . 1 . 2 . 

The Participants recognize that successful 

collaboration depends on full and prompt exchange 

of Information necessary for carrying out this 

Project. The Participants intend to acquire 

sufficient Project Information and rights to use 

such Information to enable the F-35 IOT&E of the 

F-35 Air System. The nature and amount of 

Project Information to be acquired will be 

consistent with the objectives stated in Section 

II (Objectives), Section III (Scope of Work), and 

Section VI (Contracting Provisions) of this F-35 

IOT&E MOU. 

Transfer of Project Information will be 

consistent with the furnishing Participant's 

applicable export control laws and regulations. 

Unless otherwise restricted by duly authorized 

officials of the furnishing Participant at the 

time of transfer to another Participant, all 

export-controlled Information furnished by that 

Participant to another Participant may be 

retransferred to the other Participant's 

Contractors, subcontractors, Prospective 

Contractors, and prospective subcontractors, 

subject to the requirements of paragraphs 6.7. 

and 6.8. of Section VI (Contracting Provisions) 

of this F-35 IOT&E MOU. Export-controlled 

Information may be furnished by Contractors, 

subcontractors, or Prospective Contractors, and 

prospective subcontractors of one Participant's 

nation to the Contractors, subcontractors, 

Prospective Contractors, and prospective 

subcontractors of another Participant's nation 

pursuant to this F-35 IOT&E MOU subject to the 

conditions established in licenses or other 

approvals issued by the Government of the former 

Participant in accordance with its applicable 

export control laws and regulations. 

32 
8 .1. 3. 

8.1.4. 

8.1.5. 

8.1.6. 

If a Participant finds it necessary to exercise a 

restriction on the retransfer of exportcontrolled Information as set out in subparagraph 

8.1.2. of this Section, it will promptly inform 

the other Participants. If a restriction is then 

exercised and an affected Participant objects, 

that Participant's F-35 IOT&E EC representative 

will promptly notify the other Participants' F-35 

IOT&E EC representatives and they will 

immediately consult in order to discuss ways to 

resolve such issues or mitigate any adverse 

effects. 

Notwithstanding the provisions of this F-35 IOT&E 

MOU that relate to the protection of Information, 

particularly Section VIII (Disclosure and Use of 

Project Information), Section IX (Controlled 

Unclassified Information) , Section XI (Security) , 

and Section XII (Third Party Sales and 

Transfers), the specific export control 

provisions set out in Section VI (Contracting 

Provisions) and this Section will not apply to 

transfers of Information among non-u.s. DoD 

Participants where such ex9hanges do not include 

U.S. export-controlled Information. 

Notwithstanding any other provision in this 

Section, disclosure of Project Information will 

only be in accordance with the Participants' 

respective national disclosure policies. The 

Participants will use their best efforts to 

maximize disclosure of Project Information under 

this F-35 IOT&E MOU within national disclosure 

policies. 

Notwithstanding any other provision in this 

Section, Privileged Safety Information may only 

be furnished by one Participant to another 

Participant through the procedures detailed in 

any relevant bilateral safety agreements between 

the U.S. DoD and the providing Participant and in 

accordance with paragraph 3.2. of Section III 

(Scope of Work) of this F-35 IOT&E MOU. Such 

Privileged Safety Information may be used only by 

or for the receiving Participant for the purpose 

of mishap prevention. 

33 
8.2. Government Project Foreground Information 

8.2 .1. 

8.2. 2. 

Disclosure: All Project Foreground Information 

generated by a Participant's military or civilian 

employees (hereinafter referred to as "Government 

Project Foreground Information") will be 

disclosed without charge to the Participants, 

subject to applicable national disclosure laws, 

regulations, and policies. 

Use: The Participants may use or have used all 

Government Project Foreground Information without 

charge for F-35 Purposes. The Participant 

generating Government Project Foreground 

Information will also retain its rights of use 

thereto. Any sale or other transfer to a Third 

Party will be subject to the provisions of 

Section XII (Third Party Sales and Transfers) of 

this F-35 IOT&E MOU. 

8.3. Government Project Background Information 

8.3 .1. Disclosure: Each Participant, upon request, will 

disclose promptly and without charge to the 

requesting Participant 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 Participant in possession 

of the Information determining, after 

consultation with the requesting 

Participant, 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 is consistent with national 

disclosure policies and regulations of the 

furnishing Participant; and 

8.3.1.4. Any disclosure or transfer of such 

Government Project Background Information to 

34 
8. 3. 2. 

Contractors is consistent with the 

furnishing Participant's export control laws 

and regulations. 

Use: Government Project Background Information 

furnished by one Participant to the requesting 

Participant may be used without charge by or for 

the requesting Participant for Project purposes. 

However, subject to Intellectual Property rights 

held by entities other than the Participants, 

such Government Project Background Information 

may be used for F-35 Purposes by the requesting 

Participant, without charge, when such 

Information is necessary for the use of Project 

Foreground Information. The furnishing 

Participant, in consultation with the other 

Participant, will determine whether the 

Government Project Background Information is 

necessary for the use of Project Foreground 

Information. The furnishing Participant will 

retain all its rights with respect to such 

Project Background Information. 

8.4. Contractor Project Foreground Information 

8.4 .1. 

8.4. 2. 

Disclosure: Project Foreground Information 

generated and delivered by Contractors 

(hereinafter referred to as "Contractor Project 

Foreground Information"), will be disclosed 

promptly and without charge to the Participants. 

Project Foreground Information generated by a 

Contractor, but not delivered, will be made 

available upon the request of the Participants at 

the cost of the Information's conversion into the 

prescribed form and the cost of reproduction and 

delivery in accordance with the terms of the 

applicable Contract. 

Use: The Participants may use or have used 

without charge for F-35 Purposes all Contractor 

Project Foreground Information generated and 

delivered by Contractors of the Participants. 

The Participant whose Contractors generate and 

deliver Contractor Project Foreground Information 

will also retain all its rights of use thereto in 

accordance with applicable Contracts. Any sale 

or other transfer to a Third Party of Contractor 

35 
Project Foreground Information will be subject to 

the provisions of Section XII (Third Party Sales 

and Transfers) of this F-35 IOT&E MOU. 

8.5. Contractor Project Background Information 

8 .5.1. Disclosure: A Contracting Participant will make 

available to the other Participants promptly and 

without charge all Project Background Information 

generated by Contractors that is delivered under 

Contracts awarded in accordance with this F-35 

IOT&E MOU. Any other Project Background 

Information that is generated and delivered by 

Contractors and that is in the possession of one 

Participant will be made available to another 

Participant, upon its request, provided the 

following provisions are met: 

8.5.1.1. Such Contractor Project Background 

Information is necessary to or useful in the 

Project, with the Participant in possession 

of the Information determining, after 

consultation with the requesting 

Participant, whether it is "necessary to" or 

"useful in" the Project; 

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 is consistent with national 

disclosure policies and regulations of the 

furnishing Participant; and 

8.5.1.4. Any disclosure or transfer of such 

Contractor Project Background Information to 

Contractors is consistent with the 

furnishing Participant's export control laws 

and regulations. 

8.5.2. Use: All Project Background Information 

delivered by Contractors under Contracts awarded 

in accordance with this F-35 IOT&E MOU may be 

used by or for the receiving Participants, 

without charge, for Project purposes, subject to 

any restrictions by holders of Intellectual 

36 
Property rights other than the Participants. Any 

other Project Background Information furnished by 

one Participant's Contractors and disclosed to a 

requesting Participant may be used without charge 

by the requesting Participant for Project 

purposes, subject to any restrictions by holders 

of Intellectual Property rights other than the 

Participants; also, when necessary for the use of 

Project Foreground Information, such other 

Contractor Project Background Information may be 

used by the requesting Participant for F-35 

Purposes, subject to such fair and reasonable 

terms as may be necessary to be arranged with the 

Contractor. The furnishing Participant, in 

consultation with the requesting Participant, 

will determine whether such other Contractor 

Project Background Information is necessary for 

the use of Project Foreground Information. The 

furnishing Participant will retain all its rights 

with respect to such Project Background 

Information. 

8.6. Alternative Uses of Project Information 

8 0 6 .1. 

8 0 6 0 2 0 

The prior written consent of the U.S. Government 

will be required for the use of Project 

Foreground Information by the other Participants 

for purposes other than those provided for in 

subparagraphs 8.2.2. and 8.4.2. of this Section. 

Any Project Background Information provided by 

one Participant will be used by the other 

Participants only for the purposes set forth in 

this F-35 IOT&E MOU, unless otherwise consented 

to in writing by the providing Participant. 

8.7. Proprietary Project Information 

8 0 7 .1. All Project Information that is subject to 

disclosure and use restrictions with respect to 

Intellectual Property rights will be identified 

and marked, and it will be handled as Controlled 

Unclassified Information or as Classified 

Information, depending on its security 

classification. 

37 
8 . 7 . 2 . 

8.8. Patents 

8 . 8 . 1 . 

For NATO member Participants, the provisions of 

the NATO Agreement on the Communication of 

Technical Information for Defence Purposes, done 

at Brussels on October 19, 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 January 1, 1971 (or any successor 

agreement and procedures), will apply to Project 

Information that is subject to Intellectual 

Property rights. The AUS DoD consents to the 

insertion of provisions in the PSI that are no 

less stringent than the NATO Agreement on the 

Communication of Technical Information for 

Defense Purposes, done at Brussels on 19 October 

1970, and the Implementing Procedures for the 

NATO Agreement on the Communication of Technical 

Information for Defense Purposes, approved by the 

North Atlantic Council on 1 January 1971. As to 

the AUS DoD, in the event of an inconsistency 

between the PSI and the NATO agreement, the PSI 

will prevail. 

Each Participant will 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, 

which either: 

8.8.1.1. Provides that the Participant will 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 will 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 Participants a 

license for the Project Inventions, and any 

Patents thereto, on terms in compliance with 

the provisions of subparagraph 8.8.2. of 

this Section. 

38 
8.8.2. 

8 . 8 . 3 . 

8 . 8 . 4 . 

8 . 8 . 5 . 

In the event that a Contractor owns title (or 

elects to retain title) to any Project Invention, 

the Contracting Participant will secure for the 

other Participants 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 F-35 Purposes. 

The provisions of subparagraphs 8.8.4. through 

8.8.7. of this Section will apply in regard to 

Patent rights for all Project Inventions made by 

the Participants' military or civilian employees, 

including those within Government-owned 

facilities, and for all Project Inventions made 

by Contractors for which the Contracting 

Participant holds title or is entitled to acquire 

title. 

Where a Participant has or can secure the right 

to file a Patent application with regard to a 

Project Invention, that Participant will consult 

with the other Participants regarding the filing 

of such Patent application. The Participant that 

has or receives title to such Project Invention 

will, in other countries, file, cause to be 

filed, or provide the other Participants with the 

opportunity to file on behalf of the Participant 

holding title, Patent applications covering that 

Project Invention. A Participant will 

immediately notify the other Participants that a 

Patent application has been filed. If a 

Participant, having filed or caused to be filed a 

Patent application, abandons prosecution of the 

application or ceases maintaining the Patent 

granted or issued on the application, that 

Participant will notify the other Participants of 

that decision and permit the other Participants 

to continue the prosecution or maintain the 

Patent as the case may be. 

Each Participant will be furnished with copies of 

Patent applications filed and Patents granted 

with regard to Project Inventions. 

39 
8 . 8 . 6 . 

8 . 8 . 7 . 

Each Participant will grant to the other 

Participants 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 F35 Purposes. 

For NATO member Participants, Patent applications 

to be filed, or assertions of other Intellectual 

Property rights, under this F-35 IOT&E MOU that 

contain Classified Information will be protected 

and safeguarded in a manner no less stringent 

than the requirements contained in the NATO 

Agreement for the Mutual Safeguarding of Secrecy 

of Inventions Relating to Defence and for Which 

Applications for Patents Have Been Made, done in 

Paris on September 21, 1960, and its Implementing 

Procedures (or any successor agreement and 

procedures) . AUS DoD consents to the insertion 

of provisions in the PSI that are no less 

stringent than the NATO Agreement for the Mutual 

Safeguarding of Secrecy of Inventions Relating to 

Defence and for Which Applications for Patents 

Have Been Made, done in Paris on 21 September 

1960, and its Implementing Procedures. As to the 

AUS DoD, in the event of an inconsistency between 

the PSI and the NATO agreement, the PSI will 

prevail. 

8.9. Intellectual Property Infringement Claims 

8.9.1. Each Participant will notify the other Participants of 

any Intellectual Property infringement claims brought against 

that Participant arising in the course of work performed under 

the Project on behalf of one or more of the other Participants. 

Insofar as possible, the other applicable Participants will 

provide Information available to them that may assist in 

defending such claims. Each Participant will be responsible for 

handling all Intellectual Property infringement claims brought 

against it, and will consult with the other Participants during 

the handling, and prior to any settlement, of such claims. The 

Participants will share the costs of resolving Intellectual 

Property infringement claims applying the same ratios as 

specified for their financial contributions in subparagraphs 

5.2.1. through 5.2.4. of Section V (Financial Provisions) or in 

accordance with their financial responsibility for unique 

national requirements in paragraph 5.5. of Section V (Financial 

40 
Provisions), as applicable, for that work in this F-35 IOT&E 

MOU. 

8.10. Authorization and Consent 

8.10.1. The Participants will, as permitted by their 

national laws, regulations, 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 Patent, 

or as determined to be necessary for work under 

the Project, authorization and consent for noncommercial copyright, granted or otherwise 

provided by their respective countries. 

41 
SECTION IX 

CONTROLLED UNCLASSIFIED INFORMATION 

9.1. Except as otherwise provided in this F-35 IOT&E MOU or as 

authorized in writing by the originating Participant, Controlled 

Unclassified Information provided or generated pursuant to this 

F-35 IOT&E MOU will be controlled as follows: 

9.1.1. 

9.1.2. 

9 .1. 3. 

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) of 

this F-35 IOT&E MOU. 

Access to such Information will be limited to 

personnel whose access is necessary for the 

permitted use under subparagraph 9.1.1. of this 

Section, and will be subject to the provisions of 

Section XII (Third Party Sales and Transfers) of 

this F-35 IOT&E MOU. 

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. of this Section, unless 

the originating Participant consents to such 

disclosure. In the event of unauthorized 

disclosure, or if it becomes probable that the 

Information may have to be further disclosed 

under any legislative provision, immediate 

notification will be given to the originating 

Participant. 

9.2. To assist in providing the appropriate controls, the 

originating Participant will ensure that Controlled Unclassified 

Information is appropriately marked to ensure its "in 

confidence" nature. The Participants' export-controlled 

Information will be marked in accordance with the applicable 

Participant's export control markings as documented in the PSI 

in accordance with subparagraph 4.3.10. of Section IV 

(Management (Organization and Responsibility)) of this F-35 

IOT&E MOU. The Participants will also decide, in advance and in 

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

42 
Controlled Unclassified Information and describe such markings 

in the PSI. 

9.3. Controlled Unclassified Information provided or generated 

pursuant to this F-35 IOT&E MOU will be handled in a manner that 

ensures control as provided for in paragraphs 9.1. and 9.2. of 

this Section. 

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. 

43 
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 another Participant or by 

employees of another Participant's Contractors, provided that 

the visit is authorized by the Participants involved in the 

visit 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 hosting 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 F-35 IOT&E MOU. 

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

facility of the other Participants will be coordinated through 

official channels, and will conform to the established visit 

procedures of the host country. Requests for visits will bear 

the name of the Project. 

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

on a continuing basis, facilities of the other Participants will 

be submitted through official channels in accordance with 

recurring international visit procedures. 

44 
SECTION XI 

SECURITY 

11.1. All Classified Information provided or generated pursuant 

to this F-35 IOT&E MOU will be stored, handled, transmitted, and 

safeguarded in accordance with the security agreements between 

the Government of the United States of America and the 

Governments of each of the other Participants. 

11.2. Classified Information will be transferred only through 

official Government-to-Government channels or through channels 

approved by the JOTT CSAs. Such Classified Information will 

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

the provisions of release, and the fact that the Information 

relates to this F-35 IOT&E MOU. Each Participant will take 

steps to facilitate the transfer of such Classified Information 

in a timely manner. 

11.3. Each Participant will take all lawful steps available to 

it to ensure that Classified Information provided or generated 

pursuant to this F-35 IOT&E MOU is protected from further 

disclosure, except as permitted by paragraph 11.8. of this 

Section, unless the other Participants consent to such 

disclosure. Accordingly, each Participant will ensure that: 

11.3.1. The recipient will not release the Classified 

Information to any Government, national, 

organization, or other entity of a Third Party 

except as permitted under the procedures set 

forth in Section XII (Third Party Sales and 

Transfers) of this F-35 IOT&E MOU. 

11.3.2. The recipient will not use the Classified 

Information for other than the purposes provided 

for in this F-35 IOT&E MOU. 

11.3.3. The recipient will comply with any distribution 

and access restrictions on Classified Information 

that is provided under this F-35 IOT&E MOU. 

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

known or where there are grounds for suspecting that Classified 

Information provided or generated pursuant to this F-35 IOT&E 

MOU has been lost or disclosed to unauthorized persons. Each 

Participant also will promptly and fully inform the other 

45 
Participants and CSAs 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 Participants will use the applicable PSI and SCGs for 

the Project. The PSis and the SCG will describe the methods by 

which Project Information will be classified, marked, used, 

transmitted, and safeguarded and will require that markings for 

all export-controlled Classified Information also include the 

applicable export control markings identified in the PSI in 

accordance with paragraph 9.2. of Section IX (Controlled 

Unclassified Information) . The PSis and SCGs will be developed, 

and updated as required, by the F-35 JPO within three months 

after this F-35 IOT&E MOU enters into effect. They will be 

reviewed and forwarded to the Participants' CSAs for approval 

and will be applicable to all Government and Contractor 

personnel participating in the Project. The SCG will be subject 

to regular review and revision with the aim of downgrading the 

classification whenever this is appropriate. The PSis and the 

SCGs will be approved by the appropriate CSAs prior to the 

transfer of any Classified Information or Controlled 

Unclassified Information. 

11.6. The CSA of the Participant in which a classified Contract 

is awarded will 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 F-35 IOT&E MOU, the CSAs will: 

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 

whose duties require access to Classified 

Information, if appropriate. 

11.6.4. Ensure that all persons having access to the 

Classified Information are informed of their 

responsibilities to protect the Classified 

Information in accordance with national security 

46 
laws and regulations, and the provisions of this 

F-35 IOT&E MOU. 

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 this F-35 IOT&E MOU. 

11.7. Contractors, Prospective Contractors, or subcontractors 

that are determined by CSAs 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 F-35 IOT&E MOU only when 

enforceable measures are in effect to ensure that nationals or 

other entities of a Third Party will not have access to 

Classified Information. If enforceable measures are not in 

effect to preclude access by nationals or other entities of a 

Third Party, the other Participants will be consulted for 

approval prior to permitting such access. 

11.8. For any facility wherein Classified Information 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 

Information pertaining to this F-35 IOT&E MOU. These officials 

will be responsible for limiting access to Classified 

Information involved in this F-35 IOT&E 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 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 F-35 

IOT&E MOU may be classified as high as TOP SECRET. Classified 

Information developed or exchanged pursuant to the Project will 

be maintained within appropriate and applicable Access 

Management Control Plan (AMCP) that will be signed by the 

Participants. The U.S. DoD may enter into bilateral classified 

MOU Supplements with the other Participants, as necessary, in 

order to address necessary security measures and other bilateral 

47 
issues. The existence of this F-35 IOT&E MOU is UNCLASSIFIED 

and the contents are UNCLASSIFIED. 

48 
SECTION XII 

THIRD PARTY SALES AND TRANSFERS 

12.1. The U.S. DoD will retain the right to sell, transfer 

title to, disclose, or transfer possession of Project Foreground 

Information, Jointly Acquired Equipment, or any item produced 

either wholly or in part from Project Foreground Information to 

Third Parties, subject to Participants' national disclosure 

laws, regulations, and policies. 

12.2. The non-U.S. DoD Participants will not sell, transfer 

title to, disclose, or transfer possession of Project Foreground 

Information, Jointly Acquired Equipment, or any item produced 

either wholly or in part from Project Foreground Information to 

any Third Party without the prior written consent of the U.S. 

Government. Furthermore, the non-U.S. DoD Participants will not 

permit any such sale, disclosure, or transfer by others, 

including the owner of the item, without the prior written 

consent of the U.S. Government. The non-U.S. DoD Participants 

recognize that such sales, disclosures, or other transfers will 

not be authorized by the U.S. Government unless the Government 

of the intended recipient confirms in writing with the U.S. 

Government that it will: 

12.2.1. Not retransfer, or permit the further retransfer 

of, any equipment or Information provided; and 

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

Information provided only for the purposes 

specified by the furnishing Participant. 

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

or transfer possession of Project Background Information or 

Project Equipment provided by another Participant to any Third 

Party without the prior written consent of the Participant that 

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. 

12.4. Consent for Third Party sales and transfers of Project 

Foreground Information, Jointly Acquired Equipment, or any item 

produced either wholly or in part from Project Foreground 

Information will be subject to foreign policy, national security 

considerations, and national laws, regulations, and policies. 

49 
The u.s. Government approval of the non-U.S. DoD Participant 

Government's proposed sale or transfer to a Third Party will 

take into account its willingness to sell or transfer such 

equipment or Information to the same Third Party. 

so 
SECTION XIII 

LIABILITY AND CLAIMS 

13.1. Subject to multilateral and bilateral treaties, 

agreements, and arrangements of the Participants concerning 

liability for claims, when applicable, the following provisions 

will apply regarding liability arising out of, or in connection 

with F-35 IOT&E Activities carried out in the performance of 

official duty in the execution of this F-35 IOT&E MOU: 

13.1.1. With the exception of claims for loss of or 

damage to Project Equipment, which are addressed 

in Section VIII (Project Equipment and Jointly 

Acquired Equipment) of this F-35 IOT&E MOU, each 

Participant waives all claims against the other 

Participants for injury to or death of its 

military or civilian personnel (which do not 

include Project Contractors) and for damage to or 

loss of its property (including its interest in 

Jointly Acquired Equipment) caused by such 

personnel of another Participant. If, however, 

such injury, death, damage, or loss results from 

reckless acts or reckless omissions, willful 

misconduct or gross negligence of a Participant's 

personnel, the costs of any liability will be 

borne by that Participant alone. 

13.1.2. Claims from any other persons for injury, death, 

damage or loss of any kind caused by one of the 

Participants' personnel will be processed by the 

most appropriate Participant, as determined by 

the Participants. Any costs determined to be 

owed the claimant will be borne by the 

Participants in proportion to their financial 

contributions in subparagraph 5.2.1. to 5.2.4. of 

Section V (Financial Provisions) of this F-35 

IOT&E MOU or in accordance with their financial 

responsibility for unique national requirements 

in paragraph 5.5. of Section V (Financial 

Provisions) of this F-35 IOT&E MOU. If, however, 

such liability results from the reckless acts or 

reckless omissions, willful misconduct, or gross 

negligence of a Participant's personnel, the 

costs of any liability will be borne by that 

Participant alone. 

51 
13.2. If a person or entity, other than the Participants 

(including their personnel), damages Jointly Acquired Equipment, 

and the cost of making good such damage is not recoverable from 

such person or entity, such cost will be borne by the 

Participants in the same ratios as specified for their financial 

contributions in subparagraphs 5.2.1. through 5.2.4. of Section 

V (Financial Provisions) of this F-35 IOT&E MOU. 

13.3. Claims arising under any Contract awarded under this F-35 

IOT&E MOU will be resolved in accordance with the provisions of 

that Contract. 

52 
SECTION XIV 

CUSTOMS DUTIES, TAXES, AND SIMILAR CHARGES 

14.1. 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 Project. 

14.2. Each Participant will use its best efforts to ensure that 

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

administered in a manner favorable to the efficient and 

economical conduct of the work. If any such duties, taxes, or 

similar charges are levied, the Participant in whose country 

they are levied will bear such costs over and above that 

Participant's shared costs of the Project. 

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

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

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

the equipment coming from outside the EU will proceed to their 

final destination accompanied by the relevant customs document 

enabling settlement of duties to take place. The duties will be 

levied as a cost over and above that Participant's shared costs 

of the Project. 

53 
SECTION XV 

SETTLEMENT OF DISPUTES 

15.1. Disputes among the Participants arising under or relating 

to this F-35 IOT&E MOU will be resolved only by consultation 

among the Participants and will not be referred to an 

individual, to a national court, to an international tribunal, 

or to any other person or entity for settlement. 

54 
SECTION XVI 

LANGUAGE 

16.1. The working language for the Project will be the English 

language. 

16.2. All Project Information generated under this F-35 IOT&E MOU 

and its implementing Contracts and provided by one Participant 

to the other Participants will be furnished in the English 

language. 

55 
SECTION XVII 

AMENDMENT, WITHDRAWAL, TERMINATION, ENTRY INTO EFFECT, AND 

DURATION 

17.1. All F-35 IOT&E Activities of the Participants under this 

F-35 IOT&E MOU will be carried out in accordance with their 

national laws and regulations, including their export control 

laws and regulations. The responsibilities of the Participants 

will be subject to the availability of funds for such purposes. 

17.2. No requirement will be imposed by any Participant for 

work sharing or other industrial or commercial compensation in 

connection with this F-35 IOT&E MOU that is not in accordance 

with this F-35 IOT&E MOU. 

17.3. In the event of a conflict between a Section of this F-35 

IOT&E MOU and either of the Annexes to this F-35 IOT&E MOU, the 

MOU will control. 

17.4. This F-35 IOT&E MOU may be amended by the mutual written 

consent of the Participants. 

17.5. This F-35 IOT&E MOU may be terminated at any time upon 

the written consent of the Participants. In the event the 

Participants consent to terminate this F-35 IOT&E MOU, the 

Participants will consult prior to the date of termination to 

ensure termination on the most economical and equitable terms. 

17.6. Any Participant may withdraw from this F-35 IOT&E MOU 

upon ninety (90) days written notification of its intent to 

withdraw to the other Participants. Such notice will be the 

subject of immediate consultation by the F-35 IOT&E EC to decide 

upon the appropriate course of action. In the event of such 

withdrawal, the following rules apply: 

17.6.1. The withdrawing Participant will continue 

participation, financial or otherwise, up to the 

effective date of withdrawal. 

17.6.2. Except as to Contracts awarded on behalf of the 

Participants, each Participant will be 

responsible for its own Project-related costs 

associated with withdrawal from the Project. For 

Contracts awarded on behalf of the Participants, 

the withdrawing Participant will pay all Contract 

56 
modification or termination costs that would not 

otherwise have been incurred but for the decision 

to withdraw; in no event, however, will a 

withdrawing Participant's total financial 

contribution, including Contract termination 

costs, exceed that Participant's Financial Cost 

Ceiling for financial contributions in 

subparagraphs 5.2.1. to 5.2.4. of Section V 

(Financial Provisions of this F-35 IOT&E MOU. 

17.6.3. All Project Information and rights therein 

received under the provisions of this F-35 IOT&E 

MOU prior to the withdrawal will be retained by 

the Participants, subject to the provisions of 

this F-35 IOT&E MOU. 

17.7. In the event a Participant withdraws from the JSF 

Production, Sustainment, and Follow-on Development (PSFD) MOU, 

such action will constitute that Participant's automatic 

withdrawal from the F-35 IOT&E MOU, effective 90 days after the 

Participant's written notification to withdraw from the JSF PSFD 

MOU. The terms applicable to voluntary withdrawal from this F35 IOT&E MOU by one Participant, detailed in paragraph 17.6. of 

this Section, will apply to an automatic withdrawal. 

17.8. The respective benefits and responsibilities of the 

Participants regarding Section VII (Project Equipment and 

Jointly Acquired 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 

this Section XVII (Amendment, Withdrawal, Termination, Entry 

into Effect, and Duration) will continue to apply 

notwithstanding termination of, withdrawal from, or expiration 

of this F-35 IOT&E MOU. 

17.9. This F-35 IOT&E MOU, which consists of seventeen (17) 

Sections and two (2) Annexes, will enter into effect on the date 

that the U.S. DoD and at least two other Participants have 

signed it. If within two months after this F-35 IOT&E MOU has 

entered into effect, all four Participants have not signed it, 

the Participants who have signed the F-35 IOT&E MOU will 

immediately consult and mutually determine the provisions of an 

Amendment to this F-35 IOT&E MOU that reflect the reduction in 

Participants. 

57 
17.10. Upon entry into effect of this F-35 IOT&E MOU, the JSF 

IOT&E MOU in effect as of January 17, 2007, as amended, will 

terminate if all Participants to the JSF IOT&E MOU have signed 

this F-35 IOT&E MOU. In the event all JSF IOT&E MOU 

Participants have not signed this F-35 IOT&E MOU within two 

months after entry into effect, the U.S. DoD also will initiate 

its withdrawal from the JSF IOT&E MOU, in accordance with 

paragraph 18.6 of Section XVIII (Amendment, Withdrawal, 

Termination, Entry into Effect and Duration) of the JSF IOT&E 

MOU. Assuming this F-35 IOT&E MOU takes effect with the U.S. 

DoD and at least two other Participants' signatures on July 15, 

2014, this withdrawal would then take effect on December 15, 

2014. 

17.11. This F-35 IOT&E MOU will remain in effect for seven (7) 

years. It may be extended by written concurrence of the 

Participants. 

58 
The foregoing represents the understandings reached among the 

Department of Defence of Australia, the Minister of Defence of 

the Kingdom of the Netherlands, the Secretary of State for 

Defence of the United Kingdom of Great Britain and Northern 

Ireland, and the Secretary of Defense on behalf of the 

Department of Defense of the United States of America. 

Signed in four (4) copies, in the English language, by 

authorized representatives of the Participants. 

FOR THE SECRETARY OF 

DEFENSE ON BEHALF OF THE 

DEPARTMENT OF DEFENSE OF 

THE UNITED STATES OF 

AMERICA 

Dr. J. Michael Gilmore 

Name 

Director, Operational Test 

and Evaluation 

Title 

July 17, 2014 

Date 

Washington, DC 

Location 

59 
F-35 IOT&E MOU Signature Page 

FOR THE DEPARTMENT OF DEFENCE 

OF AUSTRALIA 

Signature 

~~ 

AvM C. DEEJ)LE 

Name 

P~oGR.AH fvf AhJAt;f.R. 

JOti\IT ~TRIK . .E FtGHTER 

Date 

Location 

60 
F-35 IOT&E MOU Signature Page 

FOR 

THE KINGDOM OF 

Mr. R. de Jong 

Name 

OF 

DS 

Director of Material Projects 1 

Principal Directorate of 

Policy 1 Netherlands Ministry 

of Defence 

Title 

\. \ =:)· &...\,A I 

Location '-

~ atu 

0. Eichelsheim1 Air Commodore 1 

Royal Netherlands Air Force 

Name 

Director of Operations Royal 

Netherlands Air Force 

Title 

Date _ 

bv-e&.~ 

Location 

61 
F-35 IOT&E· MOU Signature Page 

FOR THE SECRETARY OF STATE 

FOR DEE CE OF THE UNITED 

KINGDO 

Sign 

Name 

Title. 

Date 

Location 

62 
ANNEX A 

(COOPERATIVE PROJECT PERSONNEL) 

1.0. Purpose and Scope 

1.1. 

1.2. 

1.3. 

2.0. Security 

2 .1. 

This Annex establishes the provisions that will 

govern the conduct of Cooperative Project 

Personnel (CPP) . Each Parent Participant will 

assign military members or civilian employees to 

the F-35 IOT&E JOTT in accordance with Section IV 

(Management (Organization and Responsibility)) of 

this F-35 IOT&E MOU, and this Annex. CPP must be 

able to perform all the responsibilities assigned 

to them under this F-35 IOT&E MOU. Commencement 

of assignments will be subject to any 

requirements that may be imposed by the Host 

Participant or its Government regarding 

acceptance of CPP, such as, but not limited to, 

visas and visit request documentation. The CTD 

will approve the minimum length of tour for the 

positions at the time of initial assignment. 

CPP will be assigned to the F-35 IOT&E JOTT in 

accordance with the PDD, for Project work and 

will report to their designated F-35 IOT&E JOTT 

supervisor regarding that work. The Lead 

National Representatives will be responsible for 

the creation of a document describing the duties 

of each CPP position, which will be subject to 

approval by the CTD. CPP will not act as liaison 

officers on behalf of the Parent Participant. 

CPP may act from time to time on behalf of their 

respective F-35 IOT&E EC member if the latter so 

authorizes in writing. 

CPP will not be assigned to command or other 

positions that would require them to exercise 

responsibilities that are reserved by law or 

regulation to an officer or employee of the Host 

Participant's Government. 

The CSA, as appropriate, will establish the level 

of security clearance required, if any, to permit 

CPP to have access to Classified Information and 

63 
2 . 2 . 

2 . 3 . 

2 . 4 . 

facilities in which Classified Information is 

used in accordance with the PSI and SCG. Access 

to Classified Information and facilities in which 

Classified Information is used will be consistent 

with, and limited by, Section II (Objectives) and 

Section III (Scope of Work) of this F-35 IOT&E 

MOU and will be kept to the minimum required to 

accomplish the work assignments. 

Each Parent Participant will cause security 

assurances to be filed, through its embassy, 

specifying the security clearances for the CPP 

being assigned. The security assurances will be 

prepared and forwarded through prescribed 

channels in compliance with established Host 

Participant procedures. 

The Host Participant and Parent Participants will 

use their best efforts to ensure that assigned 

CPP are aware of, and comply with, applicable 

laws and regulations as well as the requirements 

of Section IX (Controlled Unclassified 

Information), Section X (Visits to 

Establishments), Section XI (Security), and 

paragraph 17.8. of Section XVII (Amendment, 

Withdrawal, Termination, Entry into Effect, and 

Duration) of this F-35 IOT&E MOU, and the 

provisions of the PSI and SCG. Prior to 

commencing assigned duties, CPP will, if required 

by the Host Participant's Government laws, 

regulations, policies, or procedures, sign a 

certification concerning the conditions and 

responsibilities of CPP. 

CPP will at all times be required to comply with 

the security and export control laws, 

regulations, and procedures of the Host 

Participant's Government. Any violation of 

security procedures by CPP during their 

assignment will be reported to the Parent 

Participant for appropriate action. CPP 

committing significant violations of security and 

export control laws, regulations, or procedures 

during their assignments will be withdrawn from 

the Project with a view toward appropriate 

administrative or disciplinary action by their 

Parent Participant. 

64 
2. 5. 

2.6. 

2. 7. 

All Classified Information made available to CPP 

will be considered as Classified Information 

furnished to the Parent Participant, and will be 

subject to all provisions and safeguards provided 

for in Section XI (Security), the PSI, and the 

SCG. 

CPP will not have personal custody of Classified 

Information or Controlled Unclassified 

Information unless approved by the Host 

Participant and as authorized by the Parent 

Participant. They will be granted access to such 

Information in accordance with Section IX 

(Controlled Unclassified Information) , Section XI 

(Security), and the PSI during normal duty hours 

and when access is necessary to perform Project 

work. 

CPP will not serve as a conduit between the Host 

Participant and Parent Participant for requests 

and/or transmission of Classified Information or 

Controlled Unclassified Information unless 

specifically authorized by the PSI. 

3.0. Technical and Administrative Matters 

3 .1. Consistent with Host Participant's Government 

laws and regulations, CPP will be subject to the 

same restrictions, conditions, and privileges as 

Host Participant personnel of comparable rank and 

in comparable assignments. Further, to the 

extent authorized by Host Participant's 

Government laws and regulations, CPP and their 

authorized dependents will be accorded: 

3.1.1. 

3 .1.2. 

Exemption from any Host Participant's 

government tax upon income received from the 

Parent Participant. 

Exemption from any Host Participant's 

Government customs and import duties or 

similar charges levied on items entering the 

country for their official or personal use, 

including their baggage, household effects, 

and private motor vehicles. 

65 
3.2. Upon or shortly after arrival, CPP and their 

dependents will be provided briefings arranged by 

the Host Participant about applicable laws, 

orders, regulations, and customs and the need to 

comply with them. CPP will also be provided 

briefings arranged by the Host Participant 

regarding entitlements, privileges, and 

obligations such as: 

3.2 .1. 

3.2 .2. 

3. 2. 3. 

3.2 .4. 

Any medical and dental care that may be 

provided to CPP and their dependents at Host 

Participant medical facilities, subject to 

the requirements of applicable laws and 

regulations, including reimbursement 

requirements. 

Purchasing and patronage privileges at 

military commissaries, exchanges, theaters, 

and clubs for CPP and their dependents, 

subject to the requirements of applicable 

laws and regulations. 

The Host Participant will provide, if 

available, housing and messing facilities 

for CPP and their dependents on the same 

basis and priority as for its own personnel. 

CPP will pay messing and housing charges to 

the same extent as Host Participant 

personnel. At locations where facilities 

are not provided by the Host Participant for 

its own personnel, the Parent Participant 

will make suitable arrangements for its CPP. 

Responsibility of CPP and their accompanying 

dependents to obtain motor vehicle liability 

insurance coverage in accordance with the 

laws and regulations applicable in the area 

where they are residing. In case of claims 

involving the use of private motor vehicles 

by CPP, the recourse will be against such 

insurance. 

3. 3. The CTD, in consultation with the Lead National 

Representative, will establish standard operating 

procedures for CPP in the following areas: 

3. 3 .1. Working hours, including holiday schedules. 

66 
3.4. 

3. 3.2. 

3. 3. 3. 

3.3.4. 

Leave authorization, consistent to the 

extent possible with the military and 

civilian personnel regulations and practices 

of the Host Participant and Parent 

Participant. 

Dress regulations, consistent to the extent 

possible with the military and civilian 

personnel regulations and practices of the 

Host Participant and Parent Participant. 

Performance evaluations, recognizing that 

such evaluations will be rendered in 

accordance with the Parent Participant's 

military or civilian personnel regulations 

and practices. 

CPP committing an offense under the laws of the 

Government of the Host Participant or Parent 

Participant may be withdrawn from this Project 

with a view toward further administrative or 

disciplinary action by the Parent Participant. 

Disciplinary action, however, will not be taken 

by the Host Participant against CPP, nor will the 

CPP exercise disciplinary powers over the Host 

Participant's personnel. In accordance with Host 

Participant's Government laws and regulations, 

the Host Participant will assist the Parent 

Participant in carrying out investigations of 

offenses involving CPP. 

3.5. The Participants whose countries are NATO member 

countries recognize the following: the military members 

and civilian employees of a Participant whose country is a 

NATO member country, assigned to duty with its Defense 

Department or Ministry for the purpose of working under 

this F-35 IOT&E MOU, while present in the territory of 

another Participant whose country is a NATO member country, 

will, to the extent that they are so qualified, be members 

of a "Force" and "civilian component," respectively, within 

the meaning of Article I of the NATO Status of Forces 

Agreement (NATO SOFA), signed on June 19, 1951. Employees 

and agents of Contractors do not constitute a civilian 

component, and the NATO SOFA will not apply to them. The 

67 
Participants whose countries are NATO member countries 

consider the provisions of this F-35 IOT&E MOU concerning 

military members and civilian employees to be consistent 

with the provisions of the NATO SOFA, and they recognize 

that the provisions of the NATO SOFA would govern if there 

were to be a conflict between the provisions of the NATO 

SOFA and the provisions of this F-35 IOT&E MOU. 

68 
Annex B 

(Safety, Airworthiness, and Mishap Investigation 

Responsibilities) 

1.0. Purpose and Scope 

1.1. This Annex outlines the Safety, Airworthiness, and 

Accident Mishap responsibilities among the Participants 

under this F-35 IOT&E MOU. 

1.2. Each Participant will promptly inform the CTD of any 

accident and/or incidents involving Participant aircraft, 

personnel, and/or equipment. 

1.3. This F-35 IOT&E MOU recognizes the UK MOD's 

airworthiness arrangement with U.S. Navy Naval Air Systems 

Command (NAVAIR) . 

2.0. Mishap Investigation Responsibilities 

2.1. The U.S. DoD will be responsible for conducting safety 

investigations and accident investigations of mishaps 

occurring during this Project that involve any aircraft, 

equipment or personnel owned by the U.S. DoD, used in, or 

provided for use in, the Project. The equivalent non-U.S. 

DoD Participant will be responsible for conducting safety 

investigations and accident investigations of mishaps 

occurring during this Project that involve any aircraft, 

equipment, or personnel owned by that non-U.S. DoD 

Participant, used in, or provided for use in, the Project. 

2.2. The U.S. DoD Participant will be supported by the 

host base in the conduct of Safety or Accident 

Investigation Boards. Non-U.S. DoD Participants will be 

supported by the host base and the U.S. DoD Participant in 

the conduct of Safety or Accident Investigation Boards. 

The JOTT will provide security support and coordination for 

all Safety and Accident Investigation Boards. 

2.3. All Accident and Safety Investigation Boards will 

comply with applicable disclosure laws, regulations, and 

policies and will act in accordance with paragraph 3.2. of 

Section III (Scope of Work) of this F-35 IOT&E MOU. 

69 
2.4. In all cases, the United States will constitute the 

nation of occurrence. In the event that two or more 

Participants are involved in an aircraft accident or 

incident, the Participants involved will jointly agree on 

who should lead the Accident and/or Safety Investigation 

Board. 

2.5. For Accident and Safety Investigation Boards, an 

involved nation (i.e. involved but not leading the 

investigation board) may appoint an officer to serve as a 

non-voting member observer on the Board. The involved 

nation will observe all applicable non-disclosure 

requirements. The involved nation will have access to the 

Board report(s), except for Information protected by 

national laws, regulations, and policies, including U.S. 

privacy laws and regulations. 

3.0. Mishap Investigation Procedures 

3.1. U.S. DoD mishap investigations will be conducted in 

accordance with Department of Defense Instruction (DoDI) 

6055.07, Mishap Notification, Investigation, Reporting, and 

Record Keeping; Chief of Naval Operations (OPNAV) 

Instruction 3750.6R, Naval Aviation Safety Program; and Air 

Force Instruction (AFI) 91-204, Safety Investigations and 

Reports. 

3.2. Non-U.S. NATO-member Participants mishap 

investigations for aircraft and/or ground incidents will 

conform to NATO Standardization Agreement 3531, Safety 

Investigation and Reporting of Accidents/Incidents 

Involving Military Aircraft, Missiles and/or Unmanned Air 

Vehicles (UAVs) , and any existing implementation agreements 

between the U.S. DoD and the NATO-member Participant. The 

AUS DoD mishap investigations will conform to DoDI 6055.07, 

Mishap Notification, Investigation, Reporting, and Record 

Keeping. 

3.3. Investigations may be further supplemented by 

Participants' national procedures, as identified in Section 

6.0. (Participants' National Procedures) of this Annex. 

4.0. Post-Mishap Management 

70 
4.1. The U.S. DoD military department owning or 

controlling the facility where a mishap occurs or the U.S. 

DoD military department that is geographically closest 

shall secure, protect, document, and preserve the mishap 

site to prevent contamination or removal of evidence until 

the arrival of a representative of the Safety Investigation 

Board. This includes ensuring that search and recovery 

personnel and other investigators do not disturb the mishap 

scene, except for rescue efforts, until the physical 

evidence is released by the Safety Investigation Board. 

For non-U.S. mishaps, all initial witness interviews will 

be non-privileged, or conducted consistent with any 

specific U.S. DoD safety bilateral agreements with the 

involved Participant(s}. 

5.0. Safety and Airworthiness 

5.1. Operational and maintenance control of, and flight 

authorization for, a Participant's aircraft will be the 

responsibility of that Participant and will be executed in 

accordance with its national laws and regulations. 

6.0. Participants' National Procedures 

6.1. U.S. DoD Procedures: 

6.1.1. Mishap investigations will be conducted in 

accordance with DoDI 6055.07, Mishap Notification, 

Investigation, Reporting, and Record Keeping; OPNAV 

Instruction 3750.6R; Naval Aviation Safety Program, 

and AFI 91-204, Safety Investigations and Reports. 

6.2. UK MOD National Procedures: 

6.2.1. When the UK is designated as operating 

nation, aircraft will be considered to be under the 

jurisdiction of Director General, Military Aviation 

Authority (MAA), and the UK MOD. 

6.2.2. UK MOD mandatory reporting requirements as 

detailed in MAA Regulatory Article 1410, Occurrence 

Reporting. 

71 
6.2.3. The decision to conduct a safety 

investigation and/or Service Inquiry will be governed 

by Joint Service Publication (JSP) 832 (Guide to 

Service Inquiries), dated October 2008, MAA Regulatory 

Article 1420, and UK Military Air Accident 

Investigation Branch (MilAAIB) procedures and 

protocols. Safety Investigations will conform to DoDI 

6055.07. 

6.3. NL MOD National Procedures: 

6.3.1. The NL MOD will conform to NATO 

Standardization Agreement 3531, Safety Investigation 

and Reporting of Accidents/Incident Involving 

Military Aircraft, Missiles, and/or Unmanned Air 

Vehicles (UAVs) . 

6.4. AUS DoD National Procedures 

6.4.1. The AUS DoD will conform to DoDI 6055.07, 

Mishap Notification, Investigation, Reporting, and 

Record Keeping. 

72