TREATIES AND OTHER INTERNATIONAL ACTS SERIES 02-503 

________________________________________________________________________ 

DEFENSE 

Air Capabilities Projects 

 Memorandum of Understanding 

Between the 

UNITED STATES OF AMERICA 

and OTHER GOVERNMENTS 

Signed at Gramat, London, and Paris 

March 26, April 5, and May 3, 2002 

with 

Annexes 

and 

Agreement Amending the 

Memorandum of Understanding 

Signed at Uberlingen and Paris 

October 7 and 27, 2003 
 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: Air Capabilities Projects 

 Memorandum of understanding signed at Gramat, 

 London, and Paris March 26, April 5, and 

 May 3, 2002; 

 Entered into force May 3, 2002. 

 With annexes. 

 And agreement amending the memorandum of understanding. 

 Signed at Uberlingen and Paris October 7 and 27, 2003; 

 Entered into force October 27, 2003. 

 
MEMORANDUM OF UNDERSTANDING

AMONG

THE MINISTER OF DEFENSE

OF THE FRENCH REPUBLIC,

THE FEDERAL MINISTRY OF DEFENSE

OF THE FEDF_~4L REPUBLIC OF GERMANY,

THE SECRETARY OF STATE FOR DEFENCE OF THE UNITED KINGDOM

OF GREAT BRITAIN AND NORTHERN IRELAND

and

THE DEPARTMENT OF DEFENSE

OF THE UNITED STATES OF AMERICA

for .!

FUTURE AIR CAPABILITIES PROJECTS

(SHORT TITLE: FAC MOU)

3HAY 2002
TABLE OF CONTENTS.-

SECTION I

SECTION H

SECTION HI

SECTION IV

SECTION V

SECTION VI

SECTION VII

SECTION VIII

SECTION IX

SECTION X

SECTION XI

SECTION XII

SECTION XIII

SECTION XIV

SECTION XV

" . ,. .

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

DEFINITIONS AND ABBREVIATIONS .......................... 5

OBJECTIVE ..................................................

:.. 9

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

10

MANAGEMENT (ORGANIZATION AND

RESPONSIBILITY) .................................. ; ................... 10

J

FINANCIAL PROVISIONS ..........................................13

CONTRACTING PROVISIONS ......... ........................... 14

WORK SHARING ......................... :.... ...... .................... 16

PROJECT EQUIPMENT ........................................ 16

DISCLOSURE AND USE OF PROJECT INFORMATION.. 18

CONTROLLED UNCLASSIFIED INFORMATION ...........22

VISITS TO ESTABLISHMENTS .................................... 23

SECURITY. ......................... : ................................

23

THIRD PARTY SALES AND TRANSFERS ................... ,.26

LIABILITY AND CLAIMS ..........................................

:28

PARTICIPATION OF ADDITIONAL PARTICIPANTS ......29

SECTION XVI :’ CUSTOMS DUTIES, TAXES AND SIMILAR CHARGES ... 29

SECTION XVII PROJECT PERSONNEL : 30

SECTION XVIII SETTLEMENT OFDISPUTES ..................................... 35

SECTION XIX GENERAL PROVISIONS ...........................................

35

2
SECTION XX

ANNEX A

ANNEX B

AMENDMENT, TERMINATION, WITHDRAWAL, ENTRY

INTO EFFECT AND DURATION. ................................ 36

PROJECT ARRANGEMENT FORMAT .....: .................... A-1

CERTIFICATION OF CONDITIONS AND RESPONSIBILITIES

FOR FUTIYRE AIR CAPABILITIES (FAC) PROJECT

PERSONNEL .................................................B-1

J 3 !~
INTRODUCTION .:

The Minister of Defense of the French Republic,

the Federal Ministry of Defense of the Federal Republic of Germany,

the Secretary of State for Defence of the United Kingdom of Great Britain and

Northern Ireland, and

the Department of Defense of the, United States of America, hereinafter referred to

as the "Participants":

Having a Common interest in defense;

Recognizing the benefits to be obtained from rationalization, standardization

and interoperability of military equipment; and

Seeking to make the best use of their respective rsearch and development

capacities, eliminate unnecessary duplication of work and obtain the most

efficient and cost-effective results through cooperation in Future Air Capabilities

(FAC), within the Air Senior National Representative (ASNR) forum and 

International Cooperative Opportunities Group ([COG) initiative ofthe Four

Power (France, Germany, United Kingdom and United States) National

Armament Directors (NADs).

Have reached the following understandings:

.1

4
SECTION I

DEFINITIONS AND ABBREVIATIONS

1.1 The Partic/pants have approved the following definitions for terms used in this

Memorandum of Understanding (MOLT):

Advanced Concept Process to permit the early and affordable

Technology evaluation of mature technologies. The

Demonstration (ACTD) evaluation is done to determine military utility

before a commitment is made to proceed into a

formal acquisition. A successful ACTD may

provide aresidual operational capability. The

residual capability can be replicated, if only a

B limited number of assets are required, or the

demonstrated capability can be transferred into

the appropriate phase of a formal acquisition

program.

Classified Information Information that requires protection in the

interests of national security and is so designated

by the application of a security classification

marking.

Concept Exploration (CE) The first acquisition phase, which typically

consists of competitive, parallel short-term

concept definition studies. The focus of these

efforts is to define and evaluate the feasibility of

alternative concepts and to provide abasis for

 ̄ assessing the relative merits (i.e. advantages and

disadvantages, degree of risk, etc.) of these

concepts at the next milestone decision point.

Analysis of alternatives will be used as

appropriateo facilitate comparisons of

alternative concepts. The most promising system

concepts will be defined in terms of,initial, broad

objectives for cost, Schedule, performance,

software requirements, opportunities for

tradeoffs, overall acquisition strategy, and test

and evaluation strategy.

Contract Any mutually binding legal relationship which

obligates a Contractor to furnish supplies or

services, and obligates one or more of the

5
1

Participants to pay for them.

Contracting The obtaining of supplies or services by Contract

from sources outside the government

organizations ofthe Participants. Contracting

includes description (but not technical selection)

of supplies and services required, invitation to

bid and selection of sources, preparation and

award of Contracts, and all phases of Contract

administration. -

Contracting Agency The entity which has authority to enter into,

administer, or terminate Contracts ̄

Contracting Officer J A person representing a Contracting Agency.

Contractor Any entity awarded a Contract under a Project by

a Contracting Agency ̄

Contributing Participants Those Participants who are signatories to a

particular PA to this MOU.

Controlled Unclassified Unclassified information to which access or

Information distribution limitations have been applied in

accordance with applicable nationalaws or

regulations. Whether the information is provided

or generated under this MOU, the information

will be marked to identify its "in confidence"

nature. It could include information which has

been declassified, but remains controlled.

Defense Purposes Manufacture or other use in any part of the world

by or for the armed forces of any Participant.

Designated Security The security office approved by national

Authority (DSA) authorities tobe responsible for the security

aspects of this MOU.

Engineering and The acquisition phase after PDRR which takes

Manufacturing mature technologies and translates them into

Development (EMD) system specific designs and hardware

developments ̄ EMD develops interoperable,

producible, supportable, and cost effective system

designs; validates the manufacturing process;

6
and demonstrates system capabilities by test and

evaluation.

Future Air Capabilities The ASNR initiative to implement collaboratively

(FAC) developed ACTDs, CE studies and PDRR efforts.

Host Organization The establishment ofthe Host Participant to

which Project Personnel are assigned for duty

pursuant to this MOU.

Host Participant The Participant to which the Host Organization

belongs.

Parent Organization The establishment ofthe Parent Participant to

which the Project Personnel belong.

Parent Particip ant The Participant to which the Parent

Organization belongs.

Production Producing a system/subsytem in manufacturing

quantities that proyides a full operational

capability.

Program Definition and The acquisition phase after CE, wherein the

Risk Reduction (PDRR) program will become defined as one or more

concepts, design approaches, and/or parallel

fechnologies and is pursued as warranted.

Assessments of the advantages and

disadvantages of alternative concepts will be

refined. Prototyping, demonstrations, and early

operational assessments will be considered and

included as necessary to reduce risk so that

technology, manufacturing, and support risks are

well in hand before the next decision point. Cost

drivers, life-cycle cost estimates, costperformance trades, interoperability, and

acquisition strategy alternatives will be

Z’;, considered to include evolutionary and

incremental software development.

Project Specificollaborative activity to conduct ACTDs,

CE studies and PDRR programs that are

described in a PA to this MOU.

7
Project Arrangement (PA) An implementing arrangement under this MOU

which specifically details the collaboration on a

specific Project.

Project Background Information not generated in the performance of

Information a Project.

Project Equipment Any material, equipment, end item, subsystem,

component, special tooling or test equipment

jointly acquired or provided for use in a Project.

Project Foreground Project Information generated in the performance

Information of a Project.

Project Information J Any information provided to, generated in, or

used in a PA, 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, designs,

specifications, processes, techniques, inventions,

drawings, technical writings, sound recordings,

pictorial representations, andother graphical

presentations, whether in magnetic tape,

computer memory, or any other form and

whether or not subjecto copyright, patent, or

other legal protection.

Project Personnel Military or civilian employees of the Parent

Organization of one Participant assigned to the

Host Organization of another Participant in

furtherance ofa Project.

Third Party A government other than the government of a

Participant and any person or other entity whose

government is not the government of a

Participant.

’ ~i,
1.2 The following abbreviations are used in this MOU:

ACTD

ASNR

CE

DSA

EG

EMD

FAC

PA

PDRR

SC

SG

WG

Advanced Concept Technology Demonstration

Air Senior National Representative

Concept Exploration

Designated Security Authority

Exploratory Group

Engineering and Manufacturing Development

Future Air Capabilities

Project Arrangement

Program Definition and Risk Reduction

Steering Committee

Systems Group

Working Group

SECTION II

OBJECTIVE

2.1 The objective ofthis MOU is to engage the Participants at the earliest

acquisitio n stages in collaborative activities. The goal is to identify common

missioneeds and harmonize operational requirements which could lead to

collaborative developments improving national and coalition warfighting

capabilities. This MOU defines and establishes the gerieral principles which will

apply to the initiation, conduct, and management ofProjects established by

separate PAs entered into by two or more Participants.

2.2 The FAC Projects encompass joint collaboration on Advanced Concept

Technology Demonstrations (ACTDs), Concept Exploration (CE) and Program

Definition and Risk Reduction (PDRR) research and development efforts.

2.3 The provisions ofthis MOU are incorporated by reference in each P/~_ Detailed

provisions of each PA will be consistent with this MOU, will identify the

Contributing Participants and will include, as a minimum, provisions concerning

the objectives, scope of work, sharing of tasks, management, financial

arrangements, security classification, and other special provisions such as audit

and Contractingprovisions as required, in accordance with the format attached as

Annex A of this MOU.

9
SECTION HI

SCOPE OF WORK

3.1 The scope of work of this MOU is to conduct cooperative activities to identify

common mission needs, harmonize operational requirements and conduct

collaborative developmental activities leading to superior air capabilities. This will

encompass conducting ACTDs, and collaboration on CE and PDRR efforts. These

collaborations are intended to lead to the development of technologically superior

and interoperable conventional weapon systems. PAs may range from ACTDs to

conceptual studies and prototype demonstrations consistent with the definitions of

ACTDs, CE and PDRR in Section I of this MOU. PAs may provide for the

assignment of personnel from one Contributing Participant to facilities of another

Contributing Participant to assist in a Project.

~r

3.2 Information exchange for the purposes of harmonizing the Participants’

respective FAC requirements and for formulating, developing and negotiating PAs

is permitted Under this MOU in accordance with para~aph 9.1.1 hereunder.

However, the intent of this MOU is to achieve more than information exchange.

3.3 No information relating to EMD or Production may be transferred under this

M0U or its PAs. EMD or Production programs which may evolve from

collaboration under one or more PAs to this MOU are outside the scope of this MOU

and require conclusionf separate arrangements.

SECTION IV

MANAGEMENT (ORGANIZATION AND RESPONSIBILITY)

4.1 The Participants’ Air Senior National Representatives (ASNRs) form the

Steering Committee (SC) which will be responsible for the implementation and

executive-level oversight of this MOU. Subordinate to the SC will be a Working

Group (WG) which will review international cooperative opportunities which could

be the basis for Projects, review status of existing Projects, and make regular

reports to the SC. For each Project, there will be a Systems Group (SG) made up 

national representatives from each Contributing Participant to conduct Project

specific activity.: An SG actually forms upon establishment of aPA. Prior to

formation of an SG, preliminary work on a candidate FAC topic will be carried out

by an Exploratory Group (EG) made up of requirements, acquisition ad technical

experts from each interested Participant. Individual EGs will become an SG upon

establishment of a PA. EGs will disband upon an SC decision to abandon a

candidateopic.

10
4.2 In particular, the SC will:

4.2.1 Monitor international cooperative opportunities foranalysis as candidate

FAC Projects.

4.2.2 Oversee the development, negotiation and conclusionf PAs.

4.2.3 Oversee the implementation of PAs.

4.2.4 Periodically assess the cooperation conducted under this MOU, and propose

revisions aappropriate.

4.2.5 Appoint appropriate national representatives to the WG.

4.3 The WG will, in particular: J

4.5.1 Evaluate international cooperative opportunities in conjunction with national

operational needs and requirements to develop candidate Projects, and recommend

appropriate candidateopics to the SC for decision to proceed.

4.3.2 Assist in developing, negotiating and concluding PAs.

4.3.3 Conduct periodic reviews of the progress of existing Projects.

4.3.4 Appointhe Participants’ representatives to the EGs and SGs and designate

one of these representatives as the main representative foreach EG and SG.

4.3.5 Provide oversight and monitor progress of EGs and SGs toward Project

objectives. .:

4.3.6 Resolve issues brought forward by the EGs and SGs.

4.3.7 ’ Regularly report EG/SG progress to the SC.

4.3.8 ’Approve plans for disposal of jointly acquired Project Eqmpment in

accordance with Section VIII (Project Equipment) ofthis MOU.

4.3.9 Approve the assignment of Project Personnel tofacilities of the other

Contributing Participant(s) to work on a PA in accordance with paragraph 4.7 and

Annex B of this MOU.

4.3.10 Monitor Third Party Sales and Transfers in accordance with Section XIII

(Third Party Sales and Transfers) of this MOU.

ii
4.3.11 Maintain oversight ofthe security aspects of the P/ks, including reviewing

and obtaining approval f~om the Designated Security Authorities (DSAs) of the

Project Security Instruction and the Classification Guide, prior to the t~ansfer of

Classified Information or Controlled Unclassified Information.

4.4 The EGs will, in particular:

4.4.1 Analyze candidate FAC topics for their potentials Projects.

4.4.2 Make recommendations to the WG on their conclusions.

4.4.3 Upon SC approval, develop awork plan to include, at a minimum, Project

objective, technical scope, work share, Project schedule and resources.

4.4.4 Draft PAs in accordance with the format at Annex A of this MOU and present

them to the WG.

4.4.5 Refer issues that cannot be resolved within the EG to the WG.

4.5 The SGs will, in particular:

4.5.1 Execute Projects as specified insigned PAs.

4.5.2 Report Project status to the WG periodically.

4.5.3 Ensure that recommendations regarding possible follow-on work are clearly

listed in the final report for the Project.

4.5.4 Refer issues that cannot be resolved within the SG to the WG.

4.6 The SC, WG, EGS and SGs will meet on a regular basis, rotating meetings

among the Participants. The Chairman for each SC and WG meeting will be the

senior official of the Participant hosting the meeting. EGs and SGs will decide on a

chairman to coordinate activity regardless of meeting site unless a different

chairmanship approach is approved by the WG. During SC, WG, EG and SG

meetings, all decisions require unanimity, each Participant having one vote.

4.7 Assignmen% of Project Personnel

4.7.1 Any Contributing Participant may assign personnel to the other Contributing

Participants’ facilities to assist in a Project as determin:ed in aP/L

4.7.2 Section X-VII (Project Personnel) ofthis MOU applies to any assignment.

12
SECTION V

FINANCIAL PROVISIONS

5.1 This MOU creates no financial or non-financial commitments regarding

individual PAs. Detailed descriptions of the financialrrangements for a sped)tic

Project, including, at least, the maximum total cost of the Project and each

Contributing Participant’s maximum contribution, will be contained in the PA.

5.2 Each Participant will contribute its equitable share of the htll financial costs

and non-financial costs incurred in performing, managing, and administering its

responsibilities under this MOU and each PA, including overhead costs,

administrative costs, and costs of claims, and, in return, each Contributing

Participant will receive an equitable share of the results, asdefined in .the relevant

PA. The assignment oftasks wil~represent an equitable sharing of the costs of

work to be performed under each P~- The sharing of costs, tasks and results

between Contributing Participants in a Project will be detailed in the relevant PA.

5.3 The responsibilities of the Participants will be subject to the availability of

funds for such purposes. Each Participant will promptly notify the other

Participants if available funds are not adequateo ftfl_fill its responsibilities under

th~s MOU or its PAs, and will immediately consult on the course of action to be

taken with a view toward continuation on a changed or reduced basis.

5.4 Each Contributing Participant will use its best efforts to perform, or have

performed, work specified ineach PA within the costs specified in the PA.

5.5 Each Participant will bear the full costs it incurs for performing, managing,

and administeringts activities under this MOU and participation in a PA,

including its share of any Contracts under the provisions ofparagraph 5.7 below.

5.6 The following costs will be borne entirely by the Participant incurring the costs:

.J

5.6.1 Costs associated with any unique national requirements identified bya

Participant.

5.6.2 Any costs outside the Scope of this MOU Or its P/ks.

5.6.3 The Host Participant will provide, at its own cost, the necessary office space

and administrative support for Project Personnel. The Parent Participant(s) will

bear those costs described in paragraph 17.3 of this MOU.

5.7 Under a PA, the Contributing Participants may decide that it is necessary for

one Contributing Participant to incur contractual or other obligations for the

benefit of all Contributing Participants prior to the receipt of all Contributing

13
Participants’ funds. In the event one Contributing Participant incurs such

obligations, theContributing Participants will pay their equitable share of such

obligations, will make funds available in such amounts and at such times as may be

required by the obligations, and will pay any damages and costs that may accrue

from the performance of or cancellation of the obligation in advance of the time such

payments, damages, or costs are due.

5.8 If under a PA, all the Contributing Participants decide to use an international

organization t contract for the Contributing Participants, the financial provisions

and procedures will be determined with the international organization and will be

reflected in the PA signed among all the ContributingParticipants.

5.9 Where, under a PA, it is necessary to transfer funds between the Contributing

Participants,he SG will be responsible for the financial management of the

Project. Where necessary, these financial management procedures, which must be

in accordance with the national accounting and audit requirements of the

Contributing Participants, will be defined in a financial management procedures

document proposed by the SG and subjecto the approval of the WG. Each

Contributing Participant will fund a Project in accordance with the estimated

schedule of financial contributions contained in the financial management

procedures document.

5~10 Each Contributing Participant to a PA will be responsible for internal audit of

procurement activity carried out by it, in accordance with its own national

practices. Any audit reports will be made available tothe other Contributing

Participant(s).

SECTION VI

CONTRACTING PROVISIONS

6.1 When One Contributing Participant contracts solely on its own behalf to

perform its own tasks under aPA, it will be solely responsible for its own

Contracting, and the other Contributing Participant(s) will not be subject to any

liability arising from such Contracts.

6.2 If the Contributing Participants determine that it is necessary under a PA that

one Contributing Participant contracts on behalf of other Contributing

Participant(s) for tasks under the PA, that Contributing Participant will contract 

accordance with its respective national la~vs, regulations and procedures. Such

contractual arrangements will be detailed in the particular PA_ Sources from all ̄

Contributing Participants to a PA will be allowed to compete on an equal basis for

such Contracts. The Contracfiag Officer will be the exclusive source for providing

contractual direction and instructions to Contractors. The SG will be responsible

14
for the coordination of contracting activities relating to the appropriate PA and will

cooperate with the Contracting Officer in the areas of Contract procedures, Contract

negotiation, evaluation of offers and Contract award. Prior to Contract award, the

SG will ensure approval of the Contract by the Contributing Participants. The

Contracting Officer will also keep the SG advised of all financial arrangements with

Contractors.

6.3 If under a PA, all the Contributing Participants decide to use an international

organization t contract for the Contributing Participants, the contracting

provisions and procedures will be determined with the international organization

and will be reflected inthe PA signed among all the Contributing Participants.

6.4 For all contracting activities performed bythe Contributing Participants, the

SG will, upon request, provide a copy of all statements of work for information prior

to the issuance ofinvitations to bid.

6.5 Contributing Participant s’ Contracting Agencies will negotiate to obtain the

rights to use and disclose Project Information requiredby Section IX (Disclosure

and Use of Project Information) of this MOU. Each Contributing Participant’s

Contracting Agency will insert into its Contracts, and require its Contractors to

insert in subcontracts, suitable provisions to satisfy the requirements of this MOU,

including Section VIII (Project Equipment), Section IX (Disclosure and Use 

Project Information), Section X (Controlled Unclassified Information), Section 

(Security) and Section XIII (Third Party Sales and Transfers) ofthis MOU. During

the Contracting process, each Contributing Participant’s Contracting Officer will

advise prospective Contractors of their obligation to notify the Contracting Agency

immediately if they are subject to any license or arrangement that will restrict that

Contributing Participant’s 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 arrangement that will result in restrictions.

6.6 In the event a Contributing Participant’s Contracting Agency is unable to

secure adequate rights to use and disclose Project Information as required by

Section IX (Disclosure and Use of Project Information) of this MOU, or is notified 

Contractors or potential Contractors of any restrictions the disclosure and use of

information, the Contracting Officer will notify his SG representative. That

ContributingParticipant’s SG representative will notify the other Contributing

Participants’ SG representatives of the restriction(s). The Contributing

Participants’ SG representatives will consult among themselves onan appropriate

course of action.

6.7 Each Contributing Participant will promptly advise the other Contributing

Participant(s) of any cost growth, schedule delay or other performance problems 

any of its Contractors.

15
SECTION VII

WORK SHARING

7.1 The Contributing Participants will work toward the goal that the work to be

performed under a PA will be shared in proportion to the cost contributionsf the

Contributingparticipants to the maximum extent possible, consistent with high

technical merit, reasonable cost, and the need to achieve the timely, economical,

and efficient execution of the Project. This work will encompass those requirements

contained in Section IV (Scope of Work) of the PA that are common to the

Contributing Participants andare funded under the PA.

7.2 Each Contributing Participant will encourage its prospective Contractors to

provide competitive opportunities to potential sub-contractors from the other

Contributing Participant nation,to participate in the work of a Project, provided

J

that such participation does not adversely unpacthe Project.

7.3 No requirement will be imposed by any Contributing Participant for work

sharing or other industrial orcommercial compensation in connection with any PA,

that is not in accordance with this MOU.

SECTION VIII

PROJECT EQUIPMENT

8.1 For the purpose of carrying out a PA, each Contributing Participant may loan

to the other Contributing Participant(s) such Project Equipment identified in a 

as being necessary for the corresponding Project.

8.2 Project Equipment loaned will be used by the receiving Contributing

Participant only for the purposes of that PA. Project Equipment will remain the

property of the providing Contributing Participant.

8.3 The receiving Contributing Participant will maintain any such Project

Equipment in good working order. Unless the providing Contributing Participant

has authorized the Project Equipment to be consumed without reimbursement to

the providing C’ontribuling Participant, thereceiving Contributing Participant will

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

Project Equipment to the providing Contributing Participant, unless otherwise

specified inwriting by the providing Contributing Participant, and pay its

replacement value as computed pursuant to the providing Contributing
Participant’s national laws, regulations and procedures. Ifthe Project Equipment

is lost while in the custody of the receiving Contributing Participant, the receiving

Contributing Participant will issue acertificate of loss:to the providing.

Contributing Participant and pay the replacement value as computed pursuant to

the providing Contributing Participant’s national laws, regulations and procedures.

In no event will such cost exceed replacement cost less an amount determined to

represent reasonable wear and tear.

8.4 A PA will provide specific details of any loan of Project Equipment. Project

Equipment identified atthe time of PA signature will be detailed in the PA as set

out in Annex A of this MOU. Project Equipment which cannot be identified at the

time of PA signature will be documented in a list to be developed and maintained

by the SG in the format at Annex A of this MOU. Approval for all loans will be in

accordance with national laws, regulations and procedures.

J

8.5 The Contributing Participants will make every effort to ensure that Project

Equipment is furnished in a serviceable and usable condition according to its

intended purpose. However, the providing Contributing Participant makes no

warranty or guarantee of fitness of the Project Equipment for a particular purpose

or use, and makes no commitment to alter, improve, or adapt the Project Equipment

or any part thereof.

,!

8.6 The providing Contributing Participant will transfer the Project Equipment for

the approved loan period, unless extended by its written consent, provided that the

duration may not exceed the effective period of the PA.

8.7 The providing Contributing Participant, at its expense, will deliver the Project

Equipment to the receiving Contributing Participant athe location mutually

approved. Responsibility forProject Equipment will pass from the providing

Contributing Participant to the receiving Contributing Participant at time of

receipt. Any further transportation is the responsibility of the receiving

Contributing Participant.

8.8 The providing Contributing Participant will furnish the receiving Contributing

Participant Such information asis necessary to enable the Project Equipment to be

used.

8.9 The receiving Contributing Participant will inspect and inventory the Project

Equipment upon receipt. Prior to its return, the receiving Contributing Participant

will also inspect the Project Equipment unless the Project Equipment is to be

Consumed.

8.10 Upon expirationr termination of the loan period specified in the PA~ taking

into account any extension, the receiving Contributing Participant will return

Project Equipment at its expense to the providing Contributing Participant at the

17
location mutually approved. Any further transportation is the responsibility of the

providing Contributing Participant.

8.11 The receiving Contributing Particip ant will provide written notice of

consumptionr expenditure ofProject Equipment approved for such consumption

or expenditure. In the event the intended consumption or expenditure does not

occur, the receiving Contributing Participant will, unless otherwise determined by

the providing Contributing Participant, return the Project Equipment to the

providing Contributing Participant at the location mutually approved. Any hu:ther

transportation is the responsibility of the providing Contributing Participant.

8.12 The Contributing Participants will ensurel by all reasonable means, the.

protection of proprietary rights in Project Equipment.

8.13 Any Project Equipment which is jointly acquired ~n behalf of the Contributing

Participants for use under any PA will be disposed of as mutually approved by the

Contributing Participants during the applicable Project or when the Project ends as

decided by the WG.

J

8.14 Disposal of jointly acquired Project Equipment may include a transfer of title

by the Contributing Participants in such Project Equipment to another Participant,

or the sale of such Project Equipment in accordance with Section XIII (Third Party

Sales and Transfers) ofthis MOU. The Contributing Participants will share the

consideration from jointly acquired Project Equipment transferred or sold in the

same ratio as costs are shared under the PA_

SECTION IX

DISCLOSURE AND USE OF PROJF~CT INFORMATION

9.1 General

9.1.1 Notwithstanding the provisions ofparagraph 9.3~ information may be

exchanged for information purposes only for harmonizing the Participants’

respective FAC requirements and for formulating, developing and negotiating PAs

under this MOU. Such information may not be used for any other purpose by the

receiving Participants or transferred to a Third Party without the prior written

consent of the providing Participant.

9.1.2 The following provisions will apply to PAs unless the Contributing

Participants decic~ealternative provisions in a PA.

9.1.3 The Participants recognize that successful collaboration depends on full and

prompt exchange of information necessary to establish and carry out each PA and

18
for the use of its results. The nature and amount of Project Information to be

acquired will be in accordance with Section II (Objective), Section VI (Contracting

Provisions) and the PAs to this MOU. Subject to the rights the Pa~tidpants a~e

accorded under this MOU, title to Project Foreground Information generated by a

Participant or its Contractor will reside in that Participant or its Contractors, in

accordance with that Participant’s national laws and regulations. The title to

Project Background Information will be unaffected bythis MOU and its PAs.

9.2 Participant Project Foreground Information

9.2.1 Disclosure: Project Foreground Information generated in the performance of

a Project by a Contributing Participant’s military or civilian employees will be

disclosed without charge to all Contributing Participants.

9.2.2 Use: Each Contributing P a:rticipant may use, without charge, all Participant

Project Foreground Infomnation,’for Defense Purposes. The Contributing

Participant generating such Project Foreground Information will also retain its

rights of use thereto. A sale or other transfer will be subject to the provisions of

Section XIII (Third Party Sales and Transfers) ofthis MOU.

9.3 Participant Project Background Information

9.3.1 Disclosure: Each Contributing Participant, upon request, will disclose to all

Contributing Participants any relevant Participant Project Background Information

generated byits military or civilian employees outside the scope of this MOU,

provided that: ~

9.3.1.1 Such Project Background Information is necessary to or useful in the

Project, with the Contributing Participant in possession of the information

determining whether it is "necessary to" or %seful in" the Project;

9.3.1.2 Such Project Background Information can bemade available without

incurring liability to holders of proprietary rights; and

9.3.1.3 Disclosure is consistent with national disclosure policies and regulations of

the furnishing Contributing Participant.

9.3.2 Use: Participant Project Background Information disclosed by one

Contributing Participant to the other Contributing Participant(s) maybe used

without charge by the other Contribu~ng Participant(s) for Project purposes only;

however, the furnishing Contributing Participant will retain all its rights with

respect to such Project Background Information.

9.4 Contractor Project Foreground Information

19
9.4.1 Disclosure: Project Foreground Information generated and delivered by

Contractors, will be disclosed without charge to all Contributing Participants.

9.4.2 Use: Each Contributing Participant may use without charge for its Defense

Purposes all Contractor Poject Foreground Information generated and delivered by

Contractors of the other Contributing Participant(s). Further, the contracting

Contributing Participant(s), whose Contractors generate and deliver Contractor

Project Foreground Information, may retain rights of use thereto in accordance with

the applicable Contract(s). Anysale or other transfer of Contractor Project

Foreground Information, will be subject to the provisions of Section XIII (Third

Party Sales and Transfers) ofthis MOU.

9.5 Contractor Project Background Information

9.5.1 Disclosure: Any relevant P~oject Background Information, including

information subject to proprietar~ rights, generated and delivered byContractors or

subcontractors under Contracts awarded by a Contributing Participant outside the

scope of this MOU will be made available tothe other 0ontributing Participant(s)

provided the following conditions are met:

9.5.1.1 Such Project Background Information is necessary to Or useful in the

Project, with the Contributing Participant in possession of the information

determining whether it is "necessary to" or ~useful in" the Project;

9.5.1.2 Such Project Background Information may be made available without

incurring liability to holders of proprietary rights; and

9.5.1.3 Disclosure is consistent with national disclosure policies and regulations of

the furnishing Contributing Participant.

9.5.2 Use: Project Background Information furnished by one Contributing

Participant’s contractors and disclosed tothe other Contributing Participant(s) may

be used without charge by the other Contributing Participant(s) for Project

purposes only, and may be subject to further restrictions by holders of proprietary

rights; however, the furnishing Contributing Participant will retain all its rights

with respecto such Project Background Information.

.j

9.6 Alternative3Jses of Project Information

9.6.1 The prior written consent of each Contributing Participant will be required

for the use of Project Foreground Information for purposes other than those

provided for in this MOU.

9.6.2 Any Project Background Information provided by one Contributing

Participant will be used by the other Contributing Participant(s) only for the

20 1
purposes set forth in this MOU, unless otherwise consented to in writing by the

providing Contributing Participant.

9.7 Proprietary Project Information

9.7.1 All unclassified Project Information subject to proprietary rights will be

identified, marked and handled as Controlled Unclassified Information. All

classified Project Information subject to proprietary rights will be so identified and

marked.

9.7.2 The provisions of the NATO Agreement on the C:Smmunication of Technical

Information for Defence Purposes, signed at Brussels on 19 October 1970, and the

Implementing Procedures for the NATO Agreement on the Communicationf

Technical Information for Defence Purposes, approved by the North Atlantic

Council on 1 January 1971, will ~pply to proprietary Project Information related to

this MOU. s

9.8 Patents

9.8.1 Where a Contributing Participant owns title to a Project invention, or has the

righto receive title to a Project invention, that Contributing Participant will

consult with the other Contributing Participant(s) regarding the filing of a patent

application for such Project invention. The Contributing Participant which has or

receives title to such Project invention will file or cause to be filed in other

countries, or provide the other Contributing Participant(s) with the opportunity 

file on behalf of the Contributing Participant holding title, or its Contractors, as

appropriate, patent applications covering that Project invention. If a Contributing

Participant having filed or caused to be filed apatent application decides to stop

prosecution of the application or maintenance of any patent granted thereon, that

Contributing Participant will notify the other Contribti~ing Participant(s) of that

decision and permithe other Contributing Participant(s) to continue the

prosecution or the maintenance.

9.8.2 Each Contributing Participant will be furnished with copies of patent

applications filed and patents granted with regard to Project inventions.

9.8.3 Each Contributing Participant will acquire a non-exclusive, irrevocable,

royalty-free lice’nse topractice or have practiced, by or on behalf of the Contributing

Participant; throughout the world for Defense Purposes, any Project invention.

9.8.4. Patent applications to be filed under this MOU which contain Classified

Information will be protected and safeguarded inaccordance with the NATO

Agreement for the Mutual Safeguarding of Secrecy of Inventions Relating to

Defense and for which Applications For patents Have Been Made, signed in Paris

on 21 September 1960, and its Implementing Procedures.

I
9.8.5 Each Contributing Participant will notify the other Contributing

Participant(s) of any patent infi~gement claims made in its territory arising m the

course of work performed under any PA. Insofar as possible, the other’

Participant(s) will provide information available toit that may assist in defending

the claim. Each Contributing Participant will be responsible for handling all

patent infringement claims made in its territory, and will consult with the other

Contributing Participant(s) during the handling, and prior to any settlement, 

such claims. The Contribuiiug Participants will share the costs of resohdng patent

infringement claims in the same percentage as they share the full financial costs

and non-financial costs of the Project. The Contributing Participants will, in

accordance with their national laws and practices, give their authorization and

consent for all use and manufacture in the course of work performed under the

Project of any invention covered by a patent issued by theirespective countries.

9.9 Subjecto any proprietary rights, Project Foreground Information generated in

the course of a PA may be released by a Contributing Participant to another

Participant (non-contributing) as flit were a Third Party transfer pursuant to the

provisions of Section XIII (Third Party Sales and Transfers) ofthis MOU.

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SECTION X

CONTROLLED UNCLASSIFIED INFORMATION

10.1 Except as otherwise provided in this MOU or as authorized inwriting by the

originating Participant, Controlled Unclassified Information provided or generated

pursuant to a PA to this MOU will be controlled as follows:

10.1.1 Such information will be used only for the purposes authorized for use of

Project Information as specified inSection IX (Disclosure and Use of Project

Information) of this MOU.

10.1.2 Access to such information will be limited to personnel whose access is

necessary for the permitted use under paragraph 10.1.1 above, and will be subject

to the provisions of Section XIII (Third Party Sales and Transfers) of this MOU.

10.1.3 Each Participant will take all lawful steps, which may include national

classification, available to it to keep such information free from further disclosure

(including requests under any legislative provisions), except as provided 

paragraph 10.1.2 above, unless the originating Participant consents to such

disclosure: In the event of unauthorized disclosure, or:if it becomes pr6bable that

the information m’ay have to be further disclosed under any legislative provision,

immediate notification will be given to the originating Participant.

22
10.2 To assist in providing the appropriate controls, the originating Participant

will ensure that Controlled Unclassified Information is appropriately marked. The

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

the Controlled Unclassified Information.

10.3 Controlled Unclassified Information provided or generated pursuant to a PA

to this MOU will be handled in a manner that ensures control as provided for in

paragraph 10.1 above.

10.4 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.

SECTION XI

J

VISITS TO ESTABLISHMENTS

11.1 Each Participant will permit visits to its establishments, agencies and

laboratories, and Contractor industrial facilities by employees ofthe other

Participants or by employees ofthe other Participants’ Contractor(s), provided that

the visit is authorized by the respective Participants and the employees have any

necessary and appropriate security clearances and a need-to-know.

11.2 All visiting personnel will be required to comply with security regulations of

the Participant hosting the visit. Any information disclosed or made available to

visitors will be treated as ff supplied tothe Participant sponsoring the visiting

personnel, and will be subject to the provisions of this MOU.

11.3 Requests for visits by personnel of one Participant to a facility of the other

Participant will be coordinated through official channels, and will confOrm with the

visit procedures of the Participant hosting the visit. Requests for visits will cite this

MOU and the appropriate PA.

11.4 Lists of personnel ofthe Participants 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.

SECTION XII.

SECURITY

12.1 All Classified Information or material provided or generated pursuant to this

MOU and its PAs will be stored, handled, transmitted and safeguarded bya

23
Participant in accordance with its national laws and regulations provided such

protection isin a manner no less stringent than that provided for NAT0 classified

material as described in NATO document C-M(55) 15 (Final), dated 15 October

1997, "Security Within the North Atlantic Treaty Organization", andsubsequent

supplements and amendments.

12.2 Classified Information and material will be transferred only through official

government-to-government chanels or through channels approved by the

Designated Security Authorities (DSAs) of the Participants. Such Classified

Information and material will bear the level of classification, deote the country of

origin, the conditions of release, and the fact that the information relates to this

MOU and the applicable PA.

12.3 Each Participant will take all lawful steps available to it to ensure that

Classified Information and material provided or generated pursuant to this MOU

and any of its PAs is protected from further disclosure, except as permitted by

paragraph 12.8 hereunder, unless the respective Participant consents to such

disclosure. Accordingly, each Participant will ensure that:

f

12.3.1 The recipient will not release the Classified Information and material to any

government, national, organization, or other entity of a, Third Party without the

prior written consent of the respective Participant in accordance with the

procedures described in Section XIII (Third Party Sales and Transfers) of this

MOU.

12.3.2 The recipient will not use the Classified Information and material for other

than the purposes provided for in this MOU.

12.3.3 The recipient will comply with any distribution and access restrictions on

information and material that is provided under this MOU.

12.4 The Participants will investigate all cases in which it is known or where there

are grounds for suspecting that Classified Information or material provided or

generated pursuant to this MOU and any of its PAs has been lost or disclosed to

unauthorized persons. Each Participant also will promptly and h0ly inform the

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

the investigation and of the corrective action taken to preclude recurrences.

12.5 When a draft PA contains provisions for the exchange of Classified

Information or material, the EG will prepare a Project.Security Instruction and a

Classification Guide for the SG to use after the PA is signed. The Project Security

Instruction and the Ciassification Guide will describe the methods by which Project

Information and material will be classified, marked, used, transmitted, and

safeguarded. The Instruction ad Guide will be developed within three months

after signature of the PA. They will be reviewed and forwarded to the appropriate

24
DSAs for approval and will be apphcable to all government, Contractor and

subcontractor pesonnel participating the Project. The Project Security

Instruction and the Classification Guide will be approved by the appropriate DSAs

prior to the transfer of any Classified or Controlled Unclassified Information. Each

Classification Guide will be subject to regular review and revision with the aim of

downgrading the classification whenever this is appropriate.

12.6 The DSA of a Participant that awards a classified contract under this MOU

will assume responsibility for administering within its territory security measures

for the protection of the Classified Information and material, inaccordance with its

laws and regulations. Prior to the release to a Contractor, prospective Contractor or

subcontractor of any Classified Information and material received under this MOU,

the DSAs will: .:

12.6.1 Ensure that such Contractor, prospective Contractor subcontractors and

their facilities have the capability to protect the Classified Information and

material adequately.

12.6.2 Grant asecurity clearance tdthe facilities, ff appropriate.

12.6.3 Grant a security clearance for all personnel whose duties require access to

Classified Information and material, ffappropriate.

12.6.4 Ensure that all persons having access to Classified Information and

material are informed of theiresponsibilities to protect the Classified Information

and material m accordance with national Security laws and regulations, and the

provisions ofthis MOU.

12.6.5 Carry out periodic security inspections of cleaxed facilities to ensure that the

Classified Information and materia1 is properly pr9tected.

12.6.6 Ensure that access to the Classified Information and material is limited to

those persons who have a need-to-lmow for purposes of the MOU.

12.7 Contractors, prospective Contractors or subcontractors which are determined

by DSAs to be under financial, administrative, policy or management control of

nationals orentities of a Third Party, may participate in a Contract or subcontract

requiring access to Classified Information and material provided or generated

pursuant to this MOU and any of its PAs only when enforceable masures are in

effect to ensure that nationals or other entities of a Third Party will not have access

to Classified Inforpaation andmaterial. Ifenforceable measures are not in effect to

preclude access bynationals or other entities of a Third Party, the respective

Participant will be consulted for approval prior to permitting such access.

25
12.8 For any facility where Classified Information or material is to be used, the

responsible Participant, Contractor subcontractor will approve the appointment

of a person or persons to exercise effectively the responsibilities for safeguarding at

such facility the Classified Information or material pertaining tothis MOU and any

of its PAs. These officials will be responsible forlimiting access to Classified

Information or material involved in this MOU and any of its PAs to those persons

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

12.9 Each Participant will ensure that access to the Classified Information and

material is limited to those persons who possess requisite scurity clearances and

have a specific need for access to the Classified Information and material in order to

participate in this MOU and any of its PAs.

12.10 Informationr material provided or generated pursuant to this MOU and

any of its PAs may be classified a~S high as "Secret". The existence ofthis MOU is

J

unclassified anthe contents are unclassified. The classification of a specific PA

and its content will be stated in the PA.

SECTION XIII

THIRD PARTY SALES AND TRANSFERS

13.1 Each Contributing Participant will retain the rig.ht to sell, transfer title to,

disclose, ortransfer possession of Project Foreground Information:

13.1.1 Which is generated solely by either that Contributing Participant or that

Contributing Participant’s Contractors in the performance of that Contributing

Participant’s work allocation uder Section III (Scope of Work) of a PA to this MOU;

and

13.1.2 Which does not include any Project Foreground Information or Project

Background Information of the other Contributing Participant(s), and whose

generation, test or evaluation has not relied on the use of Project Equipment ofthe

other Contributing Participant(s).

13.2 In the event questions arise as to whether the Project Foreground

Information, or;any item produced either wholly or in part from the Project

Foreground Information, that a Contributing Participant intends to sell, transfer

title to, disclose, or transfer possession of, to a Third Party is within the scope of

paragraph 13.1 above, the matter will be brought to the immediate attention of the

other Contributing Participant(s). The Contributing Participants will resolve the

matter prior to any sale or other transfer of such Project Foreground Information,r

any item produced wholly or in part from such Project Foreground Information, to a

Third Party.

26
13.3 Except to the extent permitted in paragraph 13.1 above, a Contributing

Participant will not sell, transfer title to, disclose, or transfer possession of Project

Foreground Information to any Third Party without the prior written consent of the

originating Contributing Participant(s). Furthermore, a Contributing Participant

will not permit any such sale, disclosure, or transfer, including bythe owner,

without the prior written consent of the originating Contributing Participant(s).

Such consent will not be given unless the government of the intended recipient

confirms in writing with the Contributing Participants that it will:

13.3.1 Not retransfer, or permithe further retransfer of, any equipment or

information provided; and

13.3.2 Use, or permithe use of, the equipment orinformation provided only for the

purposes specified by the Contributing Participants.

13.4 A Contributing Participant will not sell, transfer title to, disclose,, or transfer

possessionf Project Equipment or Project Background ~ Information provided by

another Contributing Participant to any Third Party, or use, or permit use of, the

equipment or information other tha~ as provided in this MOU, withouthe prior

written consent of the Contributing Participant which provided such equipment or

information. The providing Contributing Participant will be solely responsible for

authorizing such transfers and, as applicable, specifying the method and conditions

for implementing such transfers.

13.5 Consent for Third Party sales and transfers of Project Foreground Information

or jointly acquired Project Equipment, or any item produced either wholly or in part

from Project Foreground Information will not be withheld except for reasons of

foreign policy, national security, ornational laws. A Contributing Participant will

not refuse approval of such a sale or transfer to a Third Party when it would be

willing to sell or transfer such equipment orinforn~atien to the same Third Party.

13.6 Sales and "transfers ofequipment developed or Project Foreground Information

generated under a PA of this MOU may attract alevy to be shared among the

Contributing Participants. Prior to any sale or other transfer, the amounts of any

levy and the procedures for assessing and distributing such levy will be mutually

determined bythe Contributing Participants consistent with the laws and

regulations of the Contributing Participants. Any Contributing Participant may

reduce or waive its share of the levy.

271
SECTION XIV

LIABILITY AND CLAIMS

14.1 Claims against any Participant or its personnel will be dealt with in

accordance with the terms of Article VIII of the NATO Status of Forces Agreement

(NATO SOFA) dated 19 June 1951. Civilian employees of a Participant assigned 

duty within its government’s Defense Department orMinistry will be deemed for

the purpose of Section VIII of the NATO SOFA to be members of a civilian

component within the meaning of Section Iof the NATO SOFA while present in the

territory ofanother Participant for the purposes of this MOU and its PAs.

However, claims for loss or damage to Project Equipment loaned under Section VIII

(Project Equipment) ofthis MOU and its PAs will be dealt with in accordance with

paragraph 8.3 of this MOU.

14.2 Claims arising under or related to any Contract awarded pursuant to Section

VI (Contracting Provisions) of this MOU will be resolved in accordance with the

provisions of the Contract.

f

14.3 The Participants will not indemnify Contractors against third party liability

claims.

14.4 Employees and agents of Contractors will not be considered to be civilian

personnel employed by a Contributing Participant for the purpose of paragraph

14.1 above.

14.5 In case of damage caused to or by jointly acquired Project Equipment, where

the cost of making good such damage is not recoverable from other persons, such

cost will be borne by the Contributing Participants according tothe approved cost :

share percentages inthe appropriate PA. p

14.6 Claims not Covered by paragraphs 14.1 and 14.2 above will be processed by

the most appropriate Participant, as determined byand in consultation between the

Participants, and will be resolved by those Participants in accordance with their

national laws and any applicable international agreements between these

Participants. If, however, liability results from the reckless acts or reckless

omissions, willhfl misconduct or gross negligence of a Participant or its personnel,

the costs of any liability will be borne by that Participant alone.

28

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SECTION XV

PARTICIPATION OF ADDITIONAL PARTICIPANTS

15.1 It is recognized that other nations may wish to join this MOU.

15.2 Mutual consent of the Participants will be required to conduct discussions

with potential participants. The Participants will decide upon the arrangements

under which potential participants might join. The disclosure ofany releasable

Project Information to potential participants in discussions prior to joining will be

consistent with Section IX (Disclosure and Use of Project Information), Section 

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

(Third Party Sales and Transfers) ofthis MOU.

15.3 The Participants will jointly formulate the provisions under which the

potential participants might join. The addition of new participants to this MOU

and to any existing PAs will require amendment of this MOU and the relevant PAs.

SECTION XVI ,

CUSTOMS DUTIES, TAXES AND SIMILAR CHARGES

16.1 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 othe~ restrictions on imports and exports, are not imposed

in connection with work carried out under each PA.

f

16.2 Each Participant will use its best efforts to ensure that customs duties, import

and export taxes, and similar charges are waived or otherwise 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 territory they

are levied will bear such costs in addition to its cost share under aPA.

16.3 I_fin order to comply with European Union (EU) regulations it is necessary 

levy duties, then these will be borne by the EU Participant end-recipient, in

addition to its cost share under a PA. To this end, parts or components of the

equipment coming from outside the EU will proceed to their final destination

accompanied by the relevant customs documents enabling settlement of the duties

to take place. :’

29

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SECTION X-VII

PROJECT PERSONNEL

17.1 When determined ina PA, each Contributing Participant will be permitted to

assign its military orcivilian employees to serve as Project Personnel at facilities

run by the other Contributing Participant(s) in accordance with the provisions 

this Section. Assignment will be subject to any requirements that ma~; be imposed

by the Host Participant and the Parent Participant or their national authorities

regarding approval of Project Personnel. Anindividual may serve for any length of

time up to the completion or termination of the Project.

17.2 Project Personnel will not act in a liaison capacity and will perform functions

as mutually determined byauthorized representatives of the Host Participant and

the Parent Participant in a written position description for each Project Personnel

assignment.

FINANCIAL ARRANGEMENTS

J

17.3 The responsibilities of the Parent Participant or its Project Personnel,

according to the Parent Participant’s regulations, will include all costs and

expenses of Project Personnel, including, but not limited to:

17.3.1 All pay and allowances.

17.3.2 Travel to and from the territory ofthe Host Participant.

17.3.3 All temporary duty costs, including travel costs, except for travel pursuant

to paragraph 17.4 hereunder.

17.3.4 Compensation for loss of, or damage to, the personal property of Project

Personnel, orthe personal property of Project Personnel dependants.

17.3.5 The movement Of dependants and the household effects of Project Personnel.

17.3.6 Preparation and shipment of remains and funeral expenses in the event of

the death of Project Personnel ortheir dependants.

17.3.7 All expenses in connection with the return of Project Personnel and their

dependants.

17.4 The Host Participant will be responsible for the following:

17.4.1 All temporary duty costs, including travel and subsistence costs in

connection with the performance of any duty carried out pursuant to a Host

 ̄ 30

[
Participant unique requirement.

17.4.2 Costs incurred as a result of a change in location in work Ordered by the

Host Participant during the period of assignment.

17.5 The Host Participant will not charge for the use of facilities and equipment

necessary for the performance of tasks assigned to Project Personnel.

17.6. The Host Participant will not provide any supplies or services related to those

costs that, pursuant to paragraph 17.3 above are the responsibility of the Parent

Participant or its Project Personnel.

SECURITY

17.7 The Contributing Participants will establish the maximum level of security

clearance rquired, ifany, to permit Project Personnel tohave access to Classified

Information and work areas in accordance with the Project Security Instruction and

Classification Guide. Access to Classified Information and facilities will be

consistent with, and limited by, Section III (Scope of W:ork) of this MOU and the

appropriate PA and will be kept to the minimum required to accomplish the work

assignments.

17.8 Each Contributing Participant win cause security clearances tobe filed

through the Parent Participant’s embassy in the territory ofthe Host Participant,

stating the security clearances for the Project Personnel being assigned. The

security assurances will be prepared and forwarded through prescribed channels in

compliance with established Host Participant procedures.

17.9 The Host Organization and the Parent Organization will ensure that assigned

Project Personnel are fully cognizant of applicable~laws and regulations concerning

the protection of proprietary information, such as patents, copyrights, know-how,

and trade secrets, Classified Information and Controlled Unclassified Information

to which access might be gained under the Project both during and after

termination of an assignment. Prior to taking up assigned duties, Project Personnel

will be required to sign the certification at Annex B of this MOU.

17.10 Project Personnel will at all times be required to comply with the security

laws, regulations and procedures ofthe government of:the Host Participant. Any

violationf security procedures by Project Personnel during their assignment will

be reported to the Parent Participant for appropriate action. Project Personnel

committing ~ violations of security laws, regulations, or procedures during

their assignments will be withdrawn ~om the Project assignment by the Host

Participant and the Parent Participant with a view toward appropriate

administrative or disciplinary action by the Parent Participant.

31

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17.11 All Classified Information made available tothe Project Personnel will be

considered as Classified Information fttrnished to the Parent Participant and will

be subject to all provisions and safeguards provided for in Section XII (Security) 

this MOU and in the appropriate Project Security Instruction and Classification

Guide.

17.12 Project Personnel will not take custody of Classified Information or

Controlled Unclassified Information in tangible form (for example, documents or

electronic files) unless approved by the Host Participant and authorized by the

Parent Participant, on a case-by-case basis.

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ADMINISTRATIVE MATTERS

17.13 To the extent authorized bythe national laws and regulations of the Host

Participant, the Host Organization will provide administrative support necessary

for Project Personnel toperform their assigned tasks.

17.14 Consistent with the national laws and regulations of the Host Participant,

Project Personnel assigned under th~s MOU will be subject to the same restrictions,

conditions, and privileges aHost Participant personnel of comparable rank and in

comparable assignments. Further, to the extent authorized by the national laws

and regulations of the Host Participant, Project Personnel and their authorized

dependants will be accorded:

17.14A Exemption from any tax on income received from the Parent Participant,

according to the applicable fiscal international arrangements between the

governments concerned.

17.14.2 Exemption from any customs and import duties or similar charges levied

on items entering the territory of the Host Participant for their official ,use. The

foregoing will not in any way limit privileges granted by the national laws and

regulations Of the Host Particip ant.

17.15 Project Personnel and their dependants will be informed by the Host

Organization about applicableaws, orders, regulations, and customs and they will

be required to comply with them. Project Personnel and their dependants also will

be briefed by Host Organization personnel regarding their specific entitlements,

privileges, and commitments upon their arrival in the territory ofthe Host

Participant.

17.16 Project Personnel will observe the national/public holiday schedule of the

Host Particip ant.

17.17 The Host Organization will determine working hours for Project Personnel.

Project Personnel will have performance evaluations rendered in accordance with

32

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the applicable Parent Participant regulationS.

17.18 Project Personnel committing an offense under the app~cable laws of either

the Parent Participant or the Host Participant may be:withdrawn from this Project

assignment by either Partidpant with a view toward further administrative or

disciplinary action by the Parent Participant. Disciplinary action will not be taken

by the Host Participant against Project Personnel. The Host Participant will

cooperate whenever legally possible in carrying out administrative or disciplinary

action by the Parent Participant against itsProject Personnel.

17.19 Any medical and dental care that may be provided to Project Personnel and

their dependants at the Host Participant medical facilities will be subjecto the

requirements of the nationalaws and regulations of the Host Participant,

including reimbursement when required by such laws and regulations.

17.20 In no case will Project Personnel be assigned to positions which would

requirexercise of command or be assigned to 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."

17.21 Project Personnel willnot be placed on duty or in positions in areas of

political sensitivity where their presence would jeopardize the interest~ of the

Parent Participant, or where, in the normal course of their duty, they may become

involved in activities which may embarrass the Parent Participant.

17.22 The Host Participant will not place Project Personnel in duty assignments in

which direct hos~lities with forces of third states are likely.

17.23 Purchasing and patronage privileges at military commissaries, exchanges,

theaters and clubs will be extended to Project Personnel and their dependants on

the same basis as equivalen~ personnel of the Host Participant. This provision will

 ̄ not, however, limit privileges described elsewhere in this MOU or other privileges

granted by the Host Participant, at its discretion, with the consent of the Parent

Participant.

17.24 Project Personnel will be granted leave according to their entitlements under

the regulations of the Parent Organization, subjecto the approval of the

appropriate authorities of the Host Organization.

17.25 Project Personnel will be required to comply with the dress regulations of the

Parent Orgauization and will also wear such identification as may be necessary to

identify their nationality, rank and status. The order 6f dress for any occasion will

be that which most nearly conforms to the order for the Host Organization with

which they are serving. Customs of the Host Organization will be observed with

respecto wearing of ci~Aian clothes.

33
17.26 Consistent with the national laws and regulations of the Host Participant,

and upon conditions of reciprocitylhe Host Organization will provide, if available,

housing and messing facilities for Project Personnel and their dependants onthe

same basis and priority as for its own personnel. Project Personnel will pay

messing and housing charges to the same extent as personnel of the Host

Organization. At locations where facilities are not provided by the Host

Organization for its own personnel, the Parent Organization will make suitable

arrangements for Project Personnel.

17.27 Project Personnel and those dependants accompanying them, must obtain

motor vehicle liability insurance coverage in accordance with applicableaws and

regulations of the Host Participant or the political subdivision where they are

located. In case of claims involving the use of private motor vehicles, the first

recourse will be against such insurance.

.J

17.28 The NATO SOFA pertaining to rights and privileges of military and ci~lian

personnel ofa Contributing Participant while in the territory ofanother

Contributing Participant will apply to Project Personnel and their dependants.

INTELLECTUAL PROPERTY RIGHTS

17.29 The respective rights of Project Personnel and the Contributing Participants

to inventions (whether patentable ornot patentable) made and Project Foreground

Information generated by the Project Personnel during the period of and as a result

of their participation in the Project will be governed by the national laws and

regulations of the Parent Participant.

17.30 Notwithstanding theprovisions ofparagraph 17.29 above, where Project

Personnel make inventions or generate Project Foreground Information byusing

Project Foreground Information or Project Backgr~lnd Information of the Host

Participant, theParent Participant will not use such inventions or information for

purposes other than its Defense Purposes. Any Sale or other transfer will be subject

to the provisions of Section XIII (Third Party Sales and Transfers) of thisMOU.

17.31 To the extent that the right and/or title to an inventionr Project Foreground

Information is assigned to the Parent Participant under the provisions ofparagraph

17.29 above, the Parent Participant will grant free of charge to the Host Participant

a worldwide, non-transferable, irrevocable, non-exclusive, royalty-free license to

practice or have practiced such invention and to use Project Foreground

Information for its Defense Purposes.

17.32 The Parent;Participant of the Project Personnel will have first priority to

prosecute, or to have prosecuted on their behalf, patent applications to secure rights

granted under this Section. The Parent Participant will, within areasonable time,

notify the Host Participant of the countries inwhich it or its Project personnel

34

I
elects to file patent applications. For all other countries, the Host Participant may

prosecute or have prosecuted on its behalf patent applications to secure such rights.

17.33 If the Parent Participant renounces exercise of the rights granted under this

Section, such Participant will inform the Host Participant ofits intention within

twelve months. The Host Participant could, in that case, exercise the rights

belonging to the Parent Participant referred to in paragraph 17.29 above.

17.34 Notwithstanding the provisions of paragraph 17.29 above, inventions and

Project Foreground Information jointly made or generated by Host Participant and

Project Personnel as a result of their participation in the Project will be jointly

owned by the Host Participant and the Parent Participant. Any sale or transfer

will be subjecto the provisions of Section XIII (Third Party Sales and Transfers) 

this MOU. Each Contributing Participant may practice or have practiced such

jointly owned inventions or Information for its Defense Purposes. Where inventions

are jointly owned, the Host Participant and Parent Participant will jointly decide

which Participant will prosecute, or to have prosecuted on their behalf, patent

applications to secure rights granted.under this Sectionin the Host and Parent

countries. The Host Participant and Parent Participant will jointly decide in which

other countries patent applications will be filed and how any resulting income will

be divided between the Contributing Participants.

17.35 Any additional compensation or award under an incentive award program or

similar program due to the Project Personnel for the work performed under the

Project will be the responsibility of the Parent Participant.

.!

SECTION XVIII

SETTLEMENT OF DISPUTES

Disputes between the Participants arising under or relating to this MOU or its PAs

will be resolved only by consultation between the Participants and will not be

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

entity for settlement.

SECTION XIX

GENERAL PROVISIONS

19.1 All activities:of the Participants under this MOU will be carried out in

accordance with their nationalaws and regulations.

35
19.2 In the event of a conflict between the terms of this MOU and any PA~ this

MOU will take precedence, except as authorized pursuant to paragraph 9.1.2 of this

MOU.

SECTION XX

AMENDMENT, TERMINATION, WITHDRAWAL, ENTRY INTO EFFECT, AND

DURATION

20.1 This MOU may be amended by the written approval of all Participants. Any

of the PAs under this MOU may be amended by the written approval of all

Contributing Particip ants:

20.2 This MOU and any of its PAs may be terminated at anY time upon the written

consent of all relevant Participants. In the event the relevant Participants consent

to terminatehis MOU or its PAs, the relevant Participants will consult prior to the

date of termination to ensure termination on the most economicalnd equitable

terms. All PAs will automatically te~rminate upontermination of this MOU.

20.3 A Contributing Participant’s participation in any PA may cease upon 90 days

written notification of its intent to withdraw to the other Contributing

Participant(s). Such notice will be the subject of immediate consultation among the

Contributing Participants to decide upon the appropriate course of action. In the

event of such withdrawal, the following rules apply:

20.3.1 The withdrawing Contributing Participant will continue participation,

financial or otherwise, up to the effective date of withdrawal.

20.3.2 The remaining Contributing Participants ~ decide whether they will

continue to execute the PA on the basis of the reduced participation or terminate

the PA. If, as the result of withdrawal by Contributing Participant(s), there is only

one Contributing Participant remaining, the PA will be considered terminated.

20.3.3 Except as to Contracts awarded on behalf of all Contributing Participants,

each Contributing Participant will be responsible for its own costs associated with

withdrawal. For Contracts awarded on behalf of all Contributing Participants, the

withdrawing Contributing Participant(s) will pay all Contract modification 

termination costs that would not otherwise have been incurred but for the decision

to withdraw; in no event, however, will a withdrawing Contributing Participant’s

total financial contribution, including Contract termination costs, exceed that

Contributing PartiCipant’s total financial contribution as established in the PA.

36
20.3.4 All Project Information and associated rights, received under the provisions

of this MOU and any of its PAs prior to withdrawal, will be retained by the

Contributing Participants, subjecto the provisions of this MOU.

20.3.5 Each Contributing Participant will make available to the other ’Contributing

Participant(s) its Participant and Contractor Project Foreground Information

generated and delivered prior to withdrawal, and which has not been provided to

the other Contributing Participant(s) prior to withdrawal.

20.3.6 If requested by the other Contributing Participant(s), the withdrawing

Contributing Participant may continue to administer Project Contract(s), which 

awarded on behalf of all the Contributing Participants, on a reimbursable basis.

20.4 The respective rights and commitments of the Participants regarding Section

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

Section X(Controlled Unclassified Information), Section XII (Security), Section 

(Third Party Sales and Transfers), and Section XIV (Liability and Claims) of 

MOU will continue to apply notwithstanding termination or expiration of this MOU

and any of its PAs. s

20.5 This MOU, which consists of twenty (20)Sections and two (2) Annexes, will

enter into effect upon the date of last signature, and will remain in effect for 25

years, unless terminated or extended by mutual consent of the Participants. PAs

will enter into effect upon the date of last signature of.~he Contributing

Participants. All PAs will automatically terminate upon the termination of this

MOU. PAs entering into effect before the expiration of this MOU will remain in

effect until the date of their original expiration; the provisions of this MOU will

continue to apply to those PAs.

37
The foregoing represents the understandings of the Minister of Defence of the

French Republic, the Federal Ministry of Defence of the Federal Republic of

Germany, the Secretary of State for Defence of the United Kingdom of Great

Britain and Northern Ireland and the Department of Defense of the United States

of America upon the matters referred to herein. Signed in twelve originals, four in

English and four in French, and four in German, each version having equal

validity.

FOR THE MINISTER OF DEFENCE

OF THE FRENCH REPUBLIC

Signature

Name Yves GLEIZES

Title

Date

Location

FOR THE FEDERAL MINISTRY OF

DEFENCE OF THE FEDERAL

REPUBLIC OF GERMANY

Signature [

Nanle

Title

Date

Location

FOR THE SECRETARY OF STATE

FOR DEFENCE OF THE UNITED

KINGDOM OF GRE~T’BRITAIN AND

NORTHERN IREL2~:’--~/~/

Signature ./~ ~/"

|

 ̄ Name

Title

Date

i~ ~/i ~i/,

Location

FOR THE DEPARTMENT OF

DEFENSE OF THE UNITED STATES

OF AMERICA

Signature

~c F~/Af~ UA~

Raffle

Title

z~ ~A~~. osDate

Location

38

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NOTE: Only the English language text will be printed in this publication.

ii;
ANNEX A

PROJECT ARRANGEMENT FORMAT

PROJECT ARRANGEMENT NO. ****

TO THE

FUTURE AIR CAPABILITIES PROJECTS

MEMORANDUM OF UNDERSTANDING

DATED *****

CONCERNING

[Title of the Project]

AMONG THE FOLLOWING CONTRIBUTING PARTICIPANTS

l

[List Contributing Participants]

(Short Title: __PA [if~desired])

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TABLE OF cONTENTS

Pa_P_a 

INTRODUCTION .......................... ~ ........... ............ .., ................... ,

SECTION I DEFINITION OF TERMS AND ABBREVIATIONS...

SECTION II OBJECTIVES ....................................................

SECTION III SCOPE OF WORK .................................. , ............

SECTION IV SHARING OF TASKS ...

SECTION V BREAKDOWN AND SCHEDULE OF TASKS .........

SECTION VI MANAGEMENT

SECTION VII FINANCIAL ARRANGEMENTS ...........................

SECTION VIII SPECIAL CONTRACTING PROVISIONS ...............

SECTION IX LEVEL OF CLASSIFICATION ..................... ....

,!

SECTION X PRINCIPAL ORGANIZATIONS INVOLVED ...........

SECTION XI LOAN OF PROJECT EQUIPMENT .........................

F

SECTION XII ASSIGNMENT OF PROJECT PERSONNEL ...........

SECTION XIII ENTRY INTO EFFECT, DURATION

AND TERMINATION ...........................................
,1

INTRODUCTION

This Project Arrangement (PA) hereby establishes the

Project, in accordance with the Memorandum of Understanding among the Minister

of Defense of the French Republic, the Federal Ministry of Defense of the Federal

Republic of Germany, the Secretary of State for Defence of the United Kingdom of

Great Britain and Northern Ireland, and the Department ofDefense of the United

States of America, for Future Air Capabilities Projects, dated [date of FACMOU

entry into effect], the provisions of which are hereby incorporated by reference.

The Contributing Participants forthis PA are: [the Minister of Defense of the French

Republic, the Federal Ministry of Defense of the Federal Republic of Germany, the

Secretary of State for Defence of the United Kingdom of Great Britain and Northern

Ireland, and the Department of Defense of the United States of America- List as

appropriate the Contributing Participants].

J

SECTION I

DEFINITION OF TERMS AND ABBREVIATIONS

[Note: Define only those terms used in this PA not already defined in the MOU. If

there are none, insert ’TVone".]

SECTION II

OBJECTIVES

P

2.1 The objectives of this [ACTD, CE or PDRR - choose one, or all that apply] are:

2.1.1

2.1.2

[Include as many objectives as necessary]

SECTION III

SCOPE OF WORK

3.1 The following tasks will be carried out under this PA.

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[Describe the ACTD, CE, PDRR effort]

3.1.1

3.1.2

[Include as many tasks as necessary]

SECTION IV .

’ SHARING OF TASKS

4.1 The sharing of tasks among the Contributing Participants will be as follows:

4.1.1 The French Contributing Participant will

J

4.1.2 The German Contributing Participant will

4.1.3 The UK Contributing Participant will

4.1.4 The US Contributing Participant will

4.1.5 The Contributing Participants will jointly

[Complete above as appropriate]

SECTION V

SCHEDULE OF TASKS

5.1 It is planned that the Project will proceed according tothe following schedule:

[ Task i :: Start Duration

Description of Task 1

A-4
Task 2 Start

Description of Task 2

-Task 3 Start

Description of Task 3

Duration

Duration

[Listtasks. Also include appropriate details, such as phases and milestones

depending onthe complexity of Project.]

5.2 The Systems Group (SG) must submit a final report to the FAC MOU Working

Group (WG) before the expiration date of this PA.

~ECTION VI

MANAGEMENT

6.1 SG - Contributing Participants’ main representatives:

6.1.1 French Contributing Participant: Title~Position

Organization

Address

6.1.2 German Contributing Participant: Title~Position

Organization

Address

6.1.3 UK Contributing Participant: Title~Position

Organization

Address

6.1.4 US Contributing Participant: Title~Position

Organization

Address

[Complete ] asapp ropriate

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6.2 Particular Management Procedures: [Mention only those additional

management responsibilities not covered under Section IV of the MOU].

A-5 i
SECTION VII

FINANCIAL ARRANGEMENTS

7.1 The French Contributing Participant share of the work will not cost more than

e.

7.2 The German Contributing Participant share of the work will not cost more than

C.

7.3 The UK Contributing Participant share of the work will not cost more than £.

7.4 The US Contributing Participant share of the work~will not cost more than $.

[Complete as appropriate]

7.5 The total cost of Work under this PAis. For purposes of this section,

the relevant exchange rates a~e:

SECTION VIII

SPECIAL PROVISIONS

[If no special provisions apply, insert "None" If otherwise, insert and complete as

follows:

f

In addition to the provisions of Section of the FAC MOU, the following

special provisions apply to this PA:

List whatever special provisions might apply]

SECTION IX

LEVEL OF CLASSIFICATION

9.1 [Select o~e of tihe three following possibilities:]

No Classified Information will be exchanged under this PA; or

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The highest level of Classified Information exchanged under this PA is

Confidential ; or

The highest level of Classified Information exchanged under this PA is

"Secret".]

9.2 The existence of this PA isuncIassified* and the contents are unclassified*.

[* Revise where appropriate]

SECTION X

PRINCIPAL ORGANIZATIONS INVOLVED

[List laboratories, research centers, and other organizations involved, including

Contractors as appropriate]

$"

SECTION XI

PROJECT EQUIPMENT

[If there is no loan of Project Equipment, insert ’TVone" If otherwise, choose one of

the following three options:]

_Option 1 - When details are known at time of PA development11.1 In accordance with Section VIII (Project Equipment) ofthe FAC MOU, the loan

of the following Project Equipment isnecessary for~axecuting this PA:

Participant Participant Stock Non-Consumables of Loan

[Fill in as appropriate]

_Option 2 - When details are not known at time of PA development:

11.1 In accordance with Section VIII (Project Equipment) ofthe FAC MOU, the loan

of Project Equipment will be necessary for executing this PA. Project Equipment to

be loaned will be documented in a list in the following format.

Providing J Receiving QTY Description Part/ Consumables/ Value I Start Date Return

Participant

J Participant

Stock Non-Con3umables

J :::°fL°an Date:,

[Fill in as appropriate]

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The list will be developed and maintained by the SG fo~ approval the WG after

appropriate national approvals have been obtained.

_Option 3 - When some details are known at time of PA development, and additiortal

details of future loan are not known:

11.1 In accordance with Section VJ~ (Project Equipment) of the FAC MOU, the loan

of the following Project Equipment is necessary for executing this PA.

Partlz~pant Participant Stock Non-Consumables of Loani~

Date~;.

[Fill in as appropriate]

11.2 In accordance with Section VIII (Project Equipment) of the FAC MOU,

additional Project Equipment will be necessary for executing this PA. Project

Equipment to be loaned will be documented in a list in the following format.

Provld~ng I Receiving QTY Descriptmn] Part/ Consztmables/ I

I

ParticipantPartlc~pant Stock Non-ConsumablesI

[Fill in as appropriate] .,

Value Start Date

of Loan

The list will be developed and maintained by the SG for approval by the WG after

appropriate national approvals have been obtained.

.SECTION XII

PROJECT PERSONNEL

[If there is no assignment of Project Personnel, insert ’~Yone" If otherwise,, choose

one of the following three options: ]

_Option 1 - When assignment details are known at time of PA development:

12.1 In accordance with Section XVII (Project Personnel) of the FAC MOU,

assignment of the following Project Personnel are necessary for executing this PA"

[Identify in as much detail as possible the Parent Organization, Host Organization,

duration of assignment, professional specialty, rank, required clearance, tasks, etc]

_Qption 2 - When assignment details are not known at time of PA development:

A-8
12.1 In accordance with Section XV~ (Project Personnel) of the FAC MOU,

assignment of the Project Personnel will be necessary for executing this PA. Project

Personnel to be assigned will be documented in a list which will be developed and

maintained bythe SG for approval by the WG after appropriate national approvals

have been obtained.

~tion 3 - When some assignment details are known at time of PA development, and

details or future assignments are not known:

12.1 In accordance with Section XVII (Project Personnel) ofthe FAC MOU,

assignment of the following Project Personnel are necessary for executing this PA:

[Identify inas much detail as possible the Parent Organization, Host Organization,

duration of assignment, professional specialty, rank, required Clearance, tasks, etc]

12.2 In accordance with Section XVII (Project Personnel) ofthe FAC MOU,

 ̄ assignment of additional Project Personnel will be necessary for executing this PA.

Project Personnel tobe assigned will, be documented in a list which will be developed

and maintained bythe SG for approval by the WG after appropriate national

approvals have been obtained.

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ENTRY INTO EFFECT, DURATION AND TERMINATION

This ___[Project Title] PA will enter into effect upon the date of last signature of the

Contributing Participants. It will remain in effect for __ years, unless terminated

in writing by the Contributing Participants. It may be.extended by mutual written

consent of the Contributing Participants.

Signed, in/___ originals, __ in English, __ in French, and __ in German,] each

version having equal validity. [Adjust above and below, as appropriate, for

Contributing Participants]

FOR THE MINISTER OF DEFENSE

OF THE FRENCH REPUBLIC

FOR THE FEDERAL MINISTRY OF

DEFENSE OF THE FEDERAL

REPUBLIC OF GERMANY

Signature Signature

Name Name

Title Title

Date Date ,!

Location

FOR THE SECRETARY OF STATE

FOR DEFENCE OF THE UNITED

KINGDOM OF GREAT BRITAIN AND

NORTHERN IRELAND

Location

FOR THE DEPARTMENT OF

DEFENSE OF THE UNITED STATES

OF AMERICA

Signature

Name ’

Title

Date

Location

Signature

Name

Title

Date

Location

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ANNEX B

CERTIFICATION OF CONDITIONS AND RESPONSIBILITIES FOR

FUTURE AIR CAPABILITIES (FAC) PROJECT PERSONNEL

I acknowledge that I have been accepted for assignment to [insert name and

location of establishment to which assigned] pursuant to __ [identify the Project

Arrangement (PA) which provides for the assignment]. Capitalized terms in this

certification have the meanings defined in the FAC MOU. In connection with this

assignment, I further acknowledge and certify that I shall comply with the following

conditions and responsibilities:

1. The purpose of the assignment isto provide my expertise tothe Project. There

shall be no access to information except as required to perform the duties described

in the position description of the position to which I am assigned, asdetermined by

my designated supervisor.

2. I shall perform only functions which are properly assigned to me as described in

the position description for my assignment and shall not act in any other capacity to

the Host Participant on behalf of my Parent Particip ant.

3. All Project Information to which I may have access during this assignment shall

be treated as information provided to my Parent Participant in confidence and shall

not be furthereleased or disclosed by me, except as authorized bythe FAC MOU

and the aforementioned PA.

4. When dealing with individuals outside of my immediate office of assignment on

official matters, I will inform such individuals that I am a foreign Project Person.

5. I have been briefed on, understand, and will comply with all applicable Host

Participant security regulations concerning the protection of proprietary

information (such as patents, copy-rights, lmow-how and trade secrets), Classified

Information and Controlled Unclassified Information.

6. I will immediately reporto my designated supervisor all attempts to obtain

Classified Information, proprietary information or Co~trolled Unclassified

Information to which I may have access as a result of this assignment.

(Typed Name) ;:~ (Signature)

(Rank/Title) (Date)

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