TREATIES AND OTHER INTERNATIONAL ACTS SERIES 10-1001 

________________________________________________________________________ 

DEFENSE 

Research and Development 

 Agreement Between the 

UNITED STATES OF AMERICA 

and OTHER GOVERNMENTS 

Signed at Washington, Warsaw, Bagneux, Rome, 

Stockholm, Madrid, and Helsinki August 17, 20, and 23; 

 September 8, 15, and 16; and October 1, 2010 

 
 

NOTE BY THE DEPARTMENT OF STATE 

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

(80 Stat. 271; 1 U.S.C. 113)—

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

under the authority of the Secretary of State shall be competent 

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

treaties, and proclamations by the President of such treaties and 

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

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

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

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

or authentication thereof.” 
 

 MULTILATERAL 

 Defense: Research and Development 

 Agreement signed at Washington, Warsaw, Bagneux, 

 Rome, Stockholm, Madrid, and Helsinki 

 August 17, 20, and 23; September 8, 15, 

 and 16; and October 1, 2010; 

 Entered into force October 1, 2010. 
AGREEMENT

AMONG

THE MINISTRY OF DEFENCE OF FINLAND ACTING ON BEHALF OF THE

GOVERNMENT OF THE REPUBLIC OF FINLAND

THE MINISTER OF DEFENSE OF THE FRENCH REPUBLIC

THE MINISTRY OF DEFENCE OF THE ITALIAN REPUBLIC

THE MINISTER OF NATIONAL DEFENCE OF THE REPUBLIC OF POLAND

THE MINISTRY OF DEFENSE OF THE KINGDOM OF SPAIN

FORSVARETS MATERIELVERK OF THE KINGDOM OF SWEDEN

AND

THE DEPARTMENT OF DEFENSE OF THE UNITED STATES OF AMERICA

CONCERNING

EXCHANGE OF SECURED SOFTWARE-DEFINED RADIO (SSDR)

RESEARCH AND DEVELOPMENT INFORMATION

(Short Title: SSDR Multilateral Information Exchange Agreement)

CERTIFICATE OF AUTHENTICITY

I hereby certify this copy of the SSDR Multilateral Information Exchange

Agreement is a certified true copy of the original Agreement Between the

Ministry of Defence of Finland on Behalf of the Government of the Republic of

Finland, the Minister of Defense of the French Republic, the Ministry of

Defence of the Italian Republic, the Minister of National Defence of the

Republic of Poland, the Ministry of Defense of the Kingdom of Spain,

Försvarets Materielverk of the Kingdom of Sweden, and the Department of

Defense of the United States of America Concerning Exchange of Secured

Software-Defined Radio (SSDR) Research and Development information. The

Office of the Under Secretary of Defense (Acquisition, Technology, and

Logistics) International Cooperation/International Negotiations maintains

custody of the signed copy of this Agreement.

Wright Yarborough, NH-3

Office of the Under Secretary of

Defense (Acquisition, Technology, and

Logistics)
TABLE OF CONTENTS

PREAMBLE

ARTICLE I

DEFINITION OF TERMS AND ABBREVIATIONS 4

ARTICLE II

OBJECTIVE AND SCOPE 6

ARTICLE III

MANAGEMENT 8

ARTICLE IV

CHANNELS OF COMMUNICATION AND VISITS 10

ARTICLE V

FINANCIAL ARRANGEMENTS 13.

ARTICLE VI

CONTRACTUAL ARRANGEMENTS 12

ARTICLE VII

DISCLOSURE AND USE OF SSDR R&D INFORMATION 13

ARTICLE VIII

CONTROLLED UNCLASSIFIED INFORMATION 14

ARTICLE IX

SECURITY 15

ARTICLE X

THIRD PARTY TRANSFERS 16

ARTICLE XI

SETTLEMENT OF DISPUTES 17

ARTICLE XII

AMENDMENT, TERMINATION, WITHDRAWAL, ENTRY INTO FORCE, AND

DURATION 18

2
PREAMBLE

The Ministry of Defence of Finland acting on behalf of the Government of the Republic of

Finland, the Minister of Defense of the French Republic, the Ministry of Defence of the Italian

Republic, the Minister of National Defence of the Republic of Poland, the Ministry of Defense of

the Kingdom of Spain, FOrsvarets Materielverk of the Kingdom of Sweden, and the Department

of Defense of the United States of America, hereinafter referred to as the "Parties":

Having a common interest in defense;

Recognizing the benefits of exploring opportunities for and promoting future

international research, development, test, and evaluation in the area of Secured

Software-Defined Radio (SSDR);

Recognizing the benefits to be obtained from standardization, rationalization, and

interoperability of military applications;

Desiring to improve mutual conventional defense capabilities through the application of

emerging technology; and

Having independently conducted research and development (R&D) of the applications

of various technologies, and recognizing the benefits of cooperation in the mutual

exchange of SSDR R&D information;

Have agreed as follows:

3
ARTICLE I

DEFINITION OF TERMS AND ABBREVIATIONS

The Parties have agreed upon the following definitions of terms used in this Agreement:

Authorities

Classified Information

Government officials listed in this Agreement that are

authorized to act on behalf of the Parties in matters pertinent to

this Agreement.

Official Information that requires protection in the interests of

national security and is so designated by the application of a

security classification marking. This Information may be in

oral, visual, magnetic, or documentary form or in the form of

equipment or technology.

Contractor Any entity awarded a contract by a Party's contracting agency.

Contractor Support Persons specifically identified as providing administrative,

Personnel managerial, scientific, or technical support services to a Party

under a support contract.

Controlled Unclassified

Information

Establishments

Information

Party

Unclassified Information to which access or distribution

limitations have been applied in accordance with applicable

national laws or regulations. It could include information that

has been declassified but remains controlled.

Governmental organizations identified in writing by

Authorities that provide, or have an interest in, R&D

Information to be exchanged.

Knowledge that can be communicated by any means,

regardless of form or type, including, but not limited to, that of

a scientific, technical, business, or financial nature, and also

including photographs, reports, manuals, threat data,

experimental data, test data, designs, specifications, processes,

techniques, inventions, drawings, technical writings, sound

recordings, pictorial representations, and other graphical

presentations, whether in magnetic tape, computer memory, or

any other form, and whether or not subject to intellectual

property rights.

A signatory to this Agreement represented by its military and

civilian personnel. Contractors and Contractor Support

Personnel shall not be representatives of a Party under this

Agreement.

4
Production Information

Third Party

Secured SoftwareDefined Radio Research

and Development

Information (SSDR R&D

Information)

Designs, drawings, chemical and mathematical equations,

specifications, models, manufacturing techniques, software

source code, and related information (excluding R&D

information) necessary to manufacture or substantially upgrade

military materiel and munitions.

A Government other than the Government of a Party and any

person or other entity whose government is not the Government

of a Party.

Any Information pertaining to research and development of

SSDR.

5
ARTICLE II

OBJECTIVE AND SCOPE

2.1. The objective of this Agreement is to conduct reciprocal, balanced exchanges of

Secured Software-Defined Radio Research and Development Information (SSDR R&D

Information) at the unclassified level within the following areas:

2.1.1 SSDR portability and standardization — to enable cooperation on improvements to

the software communications architecture (SCA), application program interfaces (APIs),

and SSDR standards; to cooperate on SSDR standards that lead to certification of

SSDRs; to ease cross-border porting of waveforms; and to share lessons learned.

2.1.2 SSDR certification authority — to achieve a shared, common understanding of

SSDR certification requirements and methodology (for example, security,

interoperability, and SCA compliance) and to explore a methodology to share and

improve certification testing tools.

2.1.3 Secured interoperability — to explore ways to improve tactical interoperability and

coalition concepts of operation, spectrum management and network interconnection; and

to explore and share methods of assuring interoperability for new waveforms.

2.1.4 SSDR information assurance (IA) security compliance — to encourage Parties

security agencies to participate in discussions regarding identification of common

requirements to address SSDR security challenges, security certification criteria, and

identification of acceptable IA solutions.

2.2. The Parties may exchange SSDR R&D Information under this Agreement. No

Information exchange annexes are authorized under this Agreement. Exchanges of SSDR R&D

Information shall be on a reciprocal and balanced basis such that the SSDR R&D Information

exchanged between the Parties shall be of approximately equivalent value, quantitatively and

qualitatively.

2.3. This Agreement permits the exchange of SSDR R&D-related specifications, computer

software, and certification tools and information subject to paragraph 2.2. of this Article. This

Agreement does not permit the exchange of weapon, sensor, or related system computer

software, or weapon, sensor, or related system computer software documentation.

2.4. Production Information shall not be exchanged or provided under this Agreement.

2.5. No defense articles or services may be exchanged or provided under this Agreement.

6
2.6. The activities of the Parties under this Agreement shall be carried out consistent with

their respective national laws and the obligations of the Parties, and shall be subject to the

availability of appropriated finds for such purposes.

7
ARTICLE III

MANAGEMENT

3.1. The Parties hereby establish the following Authorities, or their equivalents in the event

of reorganization, for this Agreement:

For the Finnish Party: 

Defence Command Finland

C4 Division

For the French Party: 

Direction Oënarale de I'Armement (DGA)

Director, C4ISR capability

Force Systems Architecture Department

For the Italian Party: 

Italian National Armaments Directorate

4th Department Armament Programs

For the Polish Party:

Undersecretary of State for Armaments and Modernization

National Armaments Director (NAD)

For the Spanish Party: 

Director General de Armament() y Material

(National Armaments Director, NAD)

Deputy NAD for Research and Technology

For the Swedish Party:

FOrsvarets materielverk (FMV):

Head of Radio Office

Command, Control and Communications Systems

Procurement Command

For the U.S. Party: 

Director, International Programs

Joint Program Executive Office (Joint Tactical Radio System)

3.2. The Authorities shall be responsible for:

3.2.1. Reviewing and forwarding to the Parties for approval recommended

amendments to this Agreement in accordance with Article XII

(Amendment, Termination, Withdrawal, Entry into Force, and Duration)

of this Agreement;
3.2.2. Coordinating requests for Third Party transfers on behalf of the Parties in

accordance with Article X (Third Party Transfers) of this Agreement;

3.2.3. Exercising day-to-day management of efforts under this Agreement;

3.2.4. Resolving Agreement issues and problems brought forth by

Establishments;

3.2.5. Referring issues to the Parties that cannot be mutually resolved by the

Authorities;

3.2.6. Developing and maintaining a list of Establishments for this Agreement;

3.2.7. Establishing and maintaining annual SSDR R&D Information exchange

objectives;

3.2.8. Maintaining oversight of the security aspects of this Agreement in

accordance with Article VIII (Controlled Unclassified Information) and

Article IX (Security) of this Agreement; and

3.2.9. Acting as the national focal point for exchange of SSDR R&D

Information under this Agreement, and maintaining lists of SSDR R&D

Information exchanged.

3.3. Establishments identified on the list maintained by the Authorities may, subject to their

respective Authorities' authorization and the provisions of Article IV (Channels of

Communication and Visits) of this Agreement, exchange SSDR R&D Information and sponsor

visits under the Agreement.

9
ARTICLE IV

CHANNELS OF COMMUNICATION AND VISITS

4.1. Only Authorities and Establishments are authorized to exchange SSDR R&D

Information. SSDR R&D Information exchanged between the Parties shall be forwarded by

Authorities to their counterparts through official channels for appropriate dissemination.

4.2. Each Party shall permit visits to its Authorities and Establishments by personnel from

listed Establishments or Authorities of the other Parties, provided that the visits are authorized by

the Parties and visiting personnel have appropriate security clearances and a need-to-know.

4.3. All visiting personnel shall be required to comply with security regulations of the host

Party. Any SSDR R&D Information disclosed or made available to visitors shall be treated as if

supplied to the Party sponsoring the visiting personnel, and shall be subject to the provisions of

this Agreement.

4.4. Requests for visits by personnel of one Party to Establishments of the other Parties shall

be coordinated through official channels, and shall conform with the established visit procedures

of the host country. Requests for visits shall bear the name of this Agreement and a proposed list

of topics to be discussed. When requests for visits also include visits to Contractor facilities in

the host country that are outside the provisions of this Agreement, such requests shall comply

with that country's Contractor visit procedures.

4.5. Lists of personnel of each Party required to visit, on a continuing basis, Authorities or

Establishments of the other Parties shall be submitted through official channels in accordance

with recurring international visit procedures.

10
ARTICLE V

FINANCIAL ARRANGEMENTS

5.1. Each Party shall bear the full costs it incurs in making, managing, and administering

any SSDR R&D Information exchanges under this Agreement. No funds shall be transferred

between the Parties. A Party shall promptly notify the other Parties if available funds are not

adequate to fulfill its obligations under this Agreement. If a Party notifies the other Parties that it

is terminating or reducing its funding for the SSDR R&D efforts covered by this Agreement, the

Parties shall immediately consult with a view toward termination or continuation of the

Agreement on a changed or reduced basis.

11
ARTICLE VI

CONTRACTUAL ARRANGEMENTS

6.1. This Agreement provides no authority for placing contracts on any other Party's behalf

in connection with any SSDR R&D Information exchanges under this Agreement. Furthermore,

this Agreement creates no obligation to place contracts to implement any R&D Information

exchanges under this Agreement.

12
ARTICLE VII

DISCLOSURE AND USE OF SSDR R&D INFORMATION

7.1. Only SSDR R&D Information shall be exchanged under this Agreement.

7.2. Except as provided in paragraph 7.3. of this Article, a Party may use, or permit its

Contractor Support Personnel to use on its behalf, the SSDR R&D Information exchanged under

this Agreement solely for information and evaluation purposes by their Establishments.

7.3. SSDR R&D Information shall not be used by the receiving Party for any purpose other

than the purpose for which it was furnished without the specific prior written consent of the

furnishing Party. The receiving Party shall not disclose SSDR R&D Information exchanged

under this Agreement to Contractors or any other persons, other than its Contractor Support

Personnel, without the specific prior written consent of the furnishing Party.

7.4. The receiving Party shall ensure that its Contractor Support Personnel, Contractors, or

any other persons to whom it discloses SSDR R&D Information received under this Agreement,

are placed under a legally binding obligation to comply with the provisions of this Agreement

and concerning the use, control, and protection of such SSDR R&D Information.

7.5. No transfer of ownership of SSDR R&D Information shall take place under this

Agreement. SSDR R&D Information shall remain the property of the furnishing Party,

Contractor Support Personnel, or its Contractors.

7.6. SSDR R&D Information shall be exchanged only when it may be done:

7.6.1. Without incurring liability to holders of proprietary rights; and

7.6.2. When disclosure is consistent with the disclosure laws, policies, and

regulations of the furnishing Party.

7.7. All SSDR R&D Information subject to proprietary interests shall be identified, marked,

and handled in accordance with Article VIII (Controlled Unclassified Information) or Article IX

(Security) of this Agreement.

7.8. SSDR R&D Information that is exchanged under this Agreement shall be disclosed to

Third Parties by the receiving Party only in accordance with Article X (Third Party Transfers) of

this Agreement.

7.9. All transfers of SSDR R&D Information shall be consistent with the furnishing Party's

applicable export control laws and regulations. The furnishing Party shall ensure that the

applicable export-control markings are placed on its SSDR R&D Information before transferring

it to the receiving Party.

13
ARTICLE VIII

CONTROLLED UNCLASSIFIED INFORMATION

S.I. Except as otherwise provided in this Agreement or authorized in writing by the

furnishing Party, Controlled Unclassified Information received under this Agreement shall be

controlled as follows:

8.1.1. Such Controlled Unclassified Information shall be used only for the

purposes authorized for use of R&D Information as specified in Article

VII (Disclosure and Use of SSDR R&D Information) of this Agreement;

8.1.2. Access to such Controlled Unclassified Information shall be limited to

personnel whose access is necessary for the permitted use under

subparagraph 8.1.1. of this Article, and shall be subject to the provisions

of Article X (Third Party Transfers) of this Agreement; and

8.1.3. Each Party shall take all lawful and available steps, which may include

national classification, available to it to keep such Controlled Unclassified

Information free from further disclosure (including requests under any

legislative provisions), except as provided in subparagraph 8.1.2. of this

Article, unless the originating Party consents to such disclosure. In the

event of unauthorized disclosure, or if it becomes probable that the

Controlled Unclassified Information may have to be further disclosed

under any legislative provision, immediate notification shall be given to

the furnishing Party.

8.2. To assist in providing the appropriate controls, the furnishing Party shall ensure that

Controlled Unclassified Information is appropriately marked to indicate its "in confidence"

nature. The Parties shall decide, in advance and in writing, on the markings to be placed on the

Controlled Unclassified Information.

14
ARTICLE IX

SECURITY

9.1. It is the intent of the Parties that the exchanges carried out under this Agreement shall

be conducted at the unclassified level. No Classified Information shall be provided or generated

under this Agreement.

15
ARTICLE X

THIRD PARTY TRANSFERS

10.1. A Party shall not sell, transfer title to, transfer possession of, or otherwise disclose

SSDR R&D Information to any Third Party without the prior written consent of the Party that

furnished such SSDR R&D Information. The providing Party shall be solely responsible for

authorizing any Third Party sales or transfers and, as applicable, specifying the method and

conditions for implementing any such sales or transfers.

16
ARTICLE XI

SETTLEMENT OF DISPUTES

11.1. Disputes between the Parties arising under or relating to this Agreement shall be

resolved only by consultation between the Parties and shall not be referred to a national court, an

international tribunal, or to any other person or entity for settlement.

17
ARTICLE XII

AMENDMENT, TERMINATION, WITHDRAWAL, ENTRY INTO FORCE, AND

DURATION

12.1. This Agreement may be amended upon the written consent of the Parties.

12.2. This Agreement may be terminated at any time by the written consent of the Parties. In

the event the Parties decide to terminate the Agreement, they shall consult at the appropriate

level prior to the date of its termination to ensure termination on the most equitable terms.

12.3. In the event that a Party finds it necessary to withdraw from this Agreement, such

withdrawal shall be subject to the provisions of this Agreement. The withdrawing Party shall

continue participation until the effective date of withdrawal.

12.4. A Party may terminate its participation in this Agreement upon 120 days written

notification to the other Parties. Such notification shall be the subject of immediate consultation

by the other Parties to decide upon the appropriate course of action.

12.5. The respective rights and obligations of the Parties regarding Article VII (Disclosure

and Use of R&D Information), Article VIII (Controlled Unclassified Information), Article IX

(Security), Article X (Third Party Transfers), and Article XII (Amendment, Termination,

Withdrawal, Entry into Force, and Duration) of this Agreement shall continue notwithstanding

termination or expiration of this Agreement.

12.6. This Agreement, which consists of twelve (12) Articles, shall enter into force upon the

date of the last signature by the Parties except that the Ministry of Defence of Finland acting on

behalf of the Government of the Republic of Finland shall not be a Party to this Agreement until

the date it notifies the other Parties that the Parliament of the Republic of Finland has approved

the Agreement. This Agreement shall remain in force for fifteen (15) years. The Parties shall

consult no later than six (6) years prior to the expiration of this Agreement and decide whether to

extend its duration. It may then be extended by written consent of the Parties.

IN WITNESS WHEREOF, the undersigned, being duly authorized, have signed this Agreement

in the English and French languages, both texts being equally authentic.

18

NOTE: Only English language will be printed in this publication.
FOR THE MINISTRY OF DEFENCE OF FINLAND ACTING ON BEHALF OF THE

GOVERNMENT OF THE REPUBLIC OF FINLAND

Signature

Ecro Lavonen

Name

Director-General

Title

1 OCTOBER 2010

Date

Helsinki 

Location

20

NOTE: It appears that page number 19 is omitted and page number 20 is duplicated.
FOR THE MINISTER OF DEFENSE OF THE FRENCH REPUBLIC

Signature

Name

cirwenleur gréral de ramtement Patrick Auroy

Directeur (Antral adjoInt

Title

2 3 AOUT 2010

Date

17.2 Ot‘le

Location

20

FOR THE MINISTER OF NATIONAL DEFENCE OF THE REPUBLIC OF POLAND

• -

Signature

Marcin IDZIK

Name

UNDERSECRETARY OF STATE FOR

ARMAMENTS AND

MODERNISATION

Title

Z .D 2i- _ Ls,

0

Date

MINISTRY OF NATIONAL

DEFENCE

REPUBLIC OF POLAND

Warsaw

Location

22
•a10 DE

Rt-dr

\ 7

FOR THE IV FENSE OF THE KINGDOM OF SPAIN

Name

NATIONAL_ AIZA1Amtni ts DIRECTOR

Title //6" L-37-1P- 2j 1 0 

Date

MADR ID

Location

23

FOR THE DEPARTMENT OF DEFENSE OF THE UNITED STATES OF AMERICA

Qs.. ■I. ..^-,•X:kmrsn,ncAtf

Signature

Alfred G. Volkman

Name

Director, International Cooperation

Title

AUG 1 7 2010

Date

Washington, DC

Location

25