TREATIES AND OTHER INTERNATIONAL ACTS SERIES 02-620 

________________________________________________________________________ 

DEFENSE 

Joint Strike Fighter Program 

 Agreement Between the 

UNITED STATES OF AMERICA 

and OTHER GOVERNMENTS 

Supplementing the 

Memorandum of Understanding of 

January 17, 2001 

Signed at Washington 

May 28 and June 20, 2002 

with 

Annexes 
 NOTE BY THE DEPARTMENT OF STATE 

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

(80 Stat. 271; 1 U.S.C. 113)—

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

under the authority of the Secretary of State shall be competent 

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

treaties, and proclamations by the President of such treaties and 

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

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

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

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

or authentication thereof.” 
MULTILATERAL 

Defense: Joint Strike Fighter Program 

 Agreement supplementing the memorandum of 

 understanding of January 17, 2001. 

 Signed at Washington May 28 and June 20, 2002; 

 Entered into force June 20, 2002. 

 With annexes. 

 
SUPPLEMENT

AMONG THE

MINISTRY OF DEFENCE OF DENMARK

AND THE.

MINISTRY OF DEFENCE OF THE KINGDOM OF NORWAY

AND THE

DEPARTMENT OF DEFENSE

OF THE UNITED STATES OF AMERICA

UNDER THE MEMORANDUM OF UNDERSTANDING

CONCERNING THE COOPERATIVE FRAMEWORK FOR

SYSTRM DEVELOPMENT AND DEMONSTRATION OF THE

JOINT STRIKE FIGHTER
TABLE OF CONTENTS

INTRODUCTION •3

SECTION I

DEFINITIONS OF TERMS AND ABBREVIATIONS 5

SECTION II

OBJECTIVES AND SCOPE 6

SECTION III

MANAGEMENT (ORGANIZATION AND RESPONSIBILITY) 7

SECTION IV

FINANCIAL PROVISIONS • 10

SECTION V

CONTRACTING PROVISIONS 12

SECTION VI

DISCLOSURE AND USE OF PROJECT INFORMATION 13

SECTION VII

SECURITY 14

SECTION VIII

LIABILITY AND CLAIMS 15

SECTION IX

AMENDMENT, WITHDRAWAL, ENTRY INTO EFFECT,

AND DURATION 16

ANNEX A

SUPPLEMENT MANAGEMENT STRUCTURE 18

ANNEX B

JSF COOPERATIVE PROJECT PERSONNEL 19
INTRODUCTION

The Ministry of Defence of Denmark (MOD DE), the Ministry of

Defence of the Kingdom of Norway (MOD NO), and the Department of

Defense of the United States of America (U.S. Don), hereinafter

referred to as the "Participants":

Recognizing that this Supplement is governed by the Memorandum ot.

Understanding among the Minister of National Defence of Canada,

the Ministry of Defence of Denmark, the Secretary of State for

Defence of the United Kingdom of Great Britain and Northern

Ireland, and the Secretary of Defense on behalf of the Department

of Defense of the United States of America concerning the

cooperative Framework for system Development and Demonstration o

the Joint Strike Fighter (JSF SDD Framework MOU) and any

amendments thereto;

Desiring to improve their mutual conventional defense

capabilities through the joint development., sharing and

application of emerging technology through full cooperation on

technology release throughout the System Development and

Demonstration Phase of the JSF Program and any cooperation in

subsequent phases;

Having regard to the need ofthe U.S. Air Force to replace the F16 and A-10 aircraft, and the ncedo of the Royal Danish Air Force

and the Royal Norwegian Air Force for a JSF Air System to replace

the F-16;

Recognizing the contributions that the MOD DE and MOD NO have

made to the JSF Program in the JSF Program Concept Demonstration

Phase purguant to the Memorandum of Agreement concerning the JSF

Requirements Validation Project of 11 June 1997 among the Chief

of Defense, Denmark, Minister of Defense of the Kingdom of the

Netherlands, Ministry of Defense of the Kingdom of Norway, and

the Department of Defense of the United States of America;

Emphasizing the great importance of the MOD DE and MOD NO

participation in the JSF Program to furthering interoperability

and coalition warfighting;

Desiring to extend their JSF cooperation into the System

. Development and Demonstration (SDD) Phase with a view to

subsequent cooperation in JSF developmental upgrades, production

and support; and

Affirming the importance of involving their industries and

research and development organizations in the JSF Program, and

recognizing that this Project will enable the Participants to
inform those entities of potential JSF Program participation

opportunities;

Have reached the following understandings:
SECTION I

DEFINITIONS OF TERMS AND ABBREVIATIONS

The Participants have jointly decided upon the following

definitions for terms used in this Supplement.

JSF Cooperative Project MOD DE and MOD NO military members or

Personnel civilian employees assigned to the JSF

Program Office or U.S. DoD field

activities who perform managerial,

engineering, technical,

administrative, Contracting,

logistics, financial, planning or

other functions in furtherance of the

Project.

JSF Senior Warfighter The operational community advisory

Group gzuup, chaLLered Lo support- Lhe JSF

Program Office in the SDD Phase, that

consists of representatives from the

services of the JSF SDD Framework MOU

Participants and which meets on an ad

hoc basis.
SECTION II

OBJECTIVES AND SCOPE

2.1. The objective of this Supplement is to establish the

detailed provisions concerning the responsibilities and benefits

of the Participants under the Project in accordance with

paragraph 2.1 of the JSF SDD Framework MOU.

2.2. The U.S. DoD, MOD DE and MOD NO intend to pursue future

cooperation in JSF developmental upgrades, production and suppor

under separate arrangements.

2.3. During the JSF SDD Phase, the Participants will design,

develop, and qualify the JSF Air System which fulfills the joint

Operational'Requirements Document (ORD) dated 13 March 2000, and

any changes thereto, and is as common as possible to the U.S. JSF

Air System within U.S. national disclosure policies.

2.4. In designing, developing, and qualifying Lhe JSF Air

System, the Participants will use their best efforts to achieve

the level of NATO and coalition interoperability that is required

for the Participants to fulfill their operational needs and will

institute appropriate processes and measures for this purpose.

2.5. The U.S. DoD will use its best efforts to provide the MOD

DE and MOD NO with the opportunity to obtain equipment and

systems produced under U.S. DoD programs other than the JSF

Program, to the extent that such equipment and systems are needed

to meet the JSF Air System performance requirements specified in

the joint ORD and further detailed in the JMS.
SECTION III

MANAGEMENT (ORGANIZATION AND RESPONSIBILITY)

3.1. The . JSF SDD Framework MOU established the Executive

Committee (EC) and provided that the U.S. DoD EC representative

will be the JSF Program Director (or successor in the event of

reorganization). The MOD DE EC representative will be the

Commander, Air Materiel (or designated successor). The MOD NO EC

representative will be the Deputy Commander of the Royal

Norwegian Air Force Materiel Command (or successor in the event

of reorganization).

3.2. The JSF SUD Vramework mOu also provided for 'plenary EC

meetings. The U.S. Do•, the MOD DE and the MOD NO EC

representatives will hold semi-annual U.S. DoD-MOD DE-MOD NO-only

meetings, if necessary, to address issues of concern to the

Supplement: additional meetings will be held at the request of •

•any one of the representatives, giving one month's notice to the

othess, when applupriaLe. The Participant hosting the Supplementspecific EC meeting will chair the meeting, unless otherwise

mutually determined. In addition to the Supplement-specific EC

responsibilities contained in paragraph 4.5 of the JSF SDD

Framework MOU, the following EC responsibilities under this

Supplement will require unanimous decisions:

3.2.1. Approving the U.S. DoD-MOD DE-MOD NO JSF Program

Office Integrated Project Team (IPT) Personnel Description

Document (PDD).

3.2.2. Amending Annex A (Supplement Management Structure).

3.3. The U.S. DoD, MOD DE and MOD NO EC representatives will

also promptly apprise and consult on any matters that affect the

Supplement and resolve any related issues brought forth by the

Director, JSF International Directorate (JSF/ID) and the MOD DE

and MOD NO National Deputies.

3.4. In addition to the responsibilities related to the

Supplement described in paragraph 4.7 of the JSF SDD Framework

MOU. the Director, JSF/ID, will be responsible for:

3.4.1. Preparing, in conjunction with the MOD DE and MOD NO

National Deputies, a U.S. DoD/MOD DE/MOD NO JSF Program

Office IPT POD for the approval of the U.S. DoD, MOD DE and

MOD NO EC members.

3.4.2. Referring to the U.S. DoD, MOD DE, and MOD NO EC

members issues related to the Supplement that the Director,

JSF/ID cannot. resolve.

7
3.4.3. Accountability to the U.S. DoD, MOD DE, and MOD NO

EC members for timely release of Project Information

furnished by the US DoD.

3.5. The MOD DE and MOD NO will each provide a National Deputy

in accordance with Annex A (Supplement Management Structure), who

will be assigned to IPTs within the JSF Program Office. Specific

MOD DE and MOD NO National Deputy responsibilities are identifiec

in Section 3.6 below. Specific IPT responsibilities for MOD DE

and MOD NO personnel will be identified in the U.S. DoD/MOD

DE/MOD NO JSF Program Office IPT PDD. Additionally, Annex B (JS1

Cooperative Project Personnel) establishes provisiond for the

general conduct of MOD DE and MOD NO personnel located in the JSI.

Program Office. Annex A (Supplement Management Structure)

depicts the management structure established for this Supplement.

3.6. In addition to assigned IPT responsibilities, the MOD DE

and MOD NO National Deputies will each be responsible for: .

3.6.1. Supporting the Director, JSF/ID in the day-to-day

administrative management of both the JSF SDD FraMework MOU

and Lhis Supplement.

3.6.2. Providing day- to-day MOD representation within the

JSF Program Office on all matters related to the Project..

3.6.3. Assisting the JSF/ID in developing the Financial

Management Procedures Document (FMPD), Project Security

Instruction and Classification Guide, and IPT PDD.

3.6.4. Performing other tasks, as may be assigned by the

Director, JSF/ID.

3.7. MOD DE and MOD NO military personnel and civilian employees

not assigned to the JSF Program Office may attend JSF Program

Reviews, Engineering Technical Meetings, and other similar

events, subject to the requirements of section X (Visits to

Establishments) of the JSF SDD Framework MOU and subject to the

approval of the Director, JSF/ID and the applicable MOD.

3.8. Representatives from the Participants' operational

communities will participate in the JSF Senior Warfighter Group.

3.9. The Agreement between the Parties to the North Atlantic

Treaty Regarding the Status of Their Forces, signed on 19 June

1951 (NATO SOFA), will apply pursuant to its terms regarding

'military members and civilian personnel of a Participant assigned

to duty in the territory of another Participant for the purpose

of working on this Project.

8
3.10. In the event external audits concerning the Project are

conducted by the supreme audit institutions of the Participants'

nations, such reports will be provided by the applicable

Participant to the EC representatives of the other Participants.

9
SECTION IV

FINANCIAL PROVISIONS

4.1. The MOD DE and MOD NO shares of the Financial Cost Target

of the Project, as identified in Section V (Financial Provisions)

of the JSF SDD Framework MOU, are as follows: MOD DE, $110

million Then Year U.S. dollars; and MOD NO, $122 million Then

Year U.S. dollars. In no event will the MOD DE or MOD NO share

of the Financial Cost Target be increased without the written

consent of the applicable MOD EC representative on behalf of tha t

MOD. The U.S. DoD share of the Financial Cost Target is

established in Section V (Financial Provisions) of the JSF SDP

Framework MOU.

4.2. The MOD DE and mop NO financial contributions will be made

in accordance with the estimated financial schedule in the FMPD.

4.3. The MOD DE and MOD NO non-financial contributions include

the following:

MOD DE and MOD NO personnel assigned to the JS?

Program Office in accordance with Annex. A (Supplement Management

Structure).

4.3.2. Engineering and technical' services and the use of

NATO Air Command and Control System (ACCS)-related items to

support the design, development, integration, verification and

systems engineering of the command, control, communication,

computers, and intelligence (C4I) and interoperability aspects of

the JSF Air System. The value of this MOD DE non-financial

contribution is $3 Then Year U.S. dollars, and the value of this

MOD NO non-financial contribution is $3 Then Year U.S. dollars.

4.3.3. A $12 million (Then Year U.S. dollar) non-financial

contribution by the MOD DE consisting of the use of one Royal

Danish Air Force F- 16 chase aircraft, associated logistics

support, and flight crew services to support the JSF flight test

activities.

. 4.4. Exclusive of paragraph 4.3.1, MOD DE and MOD NO financial

and non-financial contributions, expressed in Then Year U.S.

dollars, are reflected in Table 4-1 below: -

10
TABLE 4-11 

FINANCIAL NON-FINANCIAL TOTAL

MOD DE 110 M 15M 125 M

MOD NO 122 M 3M 125 M

4.5. On any future sale by the U.S. Government to the Danish or

Norwegian Government of the Air System, the U.S. DoD will

consider excluding from the price of the Air System all of the

U.S. DoD research and development costs incurred for the Air

System, provided that the MOD DE or . MOD NO, as applicable, does

not withdraw from the JSF SDD Framework MOU and this Supplement.

In any event, the amount of the MOD DE or MOD NO research and

development costs incurred for the JSF Air System will be

excluded from the price of any Air System .sold by the U.S.

Government to the other applicable government. U.S. DOD researc

and development costs incurred for the Air System will not apply

to any Air Systems that may be exported to the MOD DE or MOD NO

pursuant to U.S. commercial export licenses in accordance with

any future cooperative production arrangements.

4.6. The Participants recognize that pursuant to paragraph 12.7

of the JSF SDD Framework MOU, they will be given the opportunity

to receive levies from sales and other transfers to Third Parties

of equipment developed under that MOU in order to recoup their

investment in the Project.

4.7. In furtherance of the provisions of paragraph 5.11 of

Section V (Financial Provisions) of the J.SF SDD framework MOU,

and upon mutual agreement, the MOD DE and MOD NO auditors or the

DE or NO Supreme Audit Institution auditors may assist the U.S.

DoD on any audit elements required to satisfactorily perform the

.audit. In addition, in the event that the MOD DE and MOD NO

auditors or the DE or NO Supreme Audit Institution auditors need

to obtain or to inspect. speciLic Project- iinancial data in order

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

for access to such specific financial data at mutually agreed

times and locations.

1 1
SECTION V

CONTRACTING

- 5.1. Consistent with the Memorandum of Understanding between th

Government of Norway and the Government of the United States

Concerning the Principles Governing Mutual Cooperation in the

Research and Development, Production and Procurement of Defense

Equipment of 19 May 1978, as amended, and the Memorandum of

Understanding between the Government of the Kingdom of Denmark

and the Government of the United States Concerning the Principle

Governing Mutual Cooperation in the Research, Development,

Production, Procurement, and Logistic Support of Defense

Equipment of 30 January 1980, as amended, and in recognition of

the importance of industrial participation in all Participants'

countries, full consideration will be given to all qualified

sources.

5.2. In order for MOD DE and MOD NO to assure themselves that

subcontracting competitions are conducted fairly and provide best

value, the U.S. DoD will provide the MOD DE and MOD NO with

insight into the subcontracting for the Project via IPT

participation, attendance at rrogram Management Reviews, and

access to the JSF Program Office electronic network.

12
SECTION VI

DISCLOSURE AND USE OF PROJECT INFORMATION

6.1. In accordance with paragraph 8.1.2 of Section VIII

(Disclosure and Use of Project Information) of the JSF SDD

Framework MOU, the following disclosure limitations will apply to

• this Supplement: The U.S. DoD will not disclose Project

Information contrary to its national disclosure policies.

6.2. In keeping with the provisions for maximizing Project

, Information disclosure within national disclosure policies, as

contained in paragraph 8.1.2 of Section VIII (Disclosure and Use

of Project Information) of the JSF SDD Framework MOU, the U.S.

DoD will use its best efforts to ensure that the MOD DE and MOD

NO receive all of that Project Information acquired in the

implementation of Section III (scope of Work) of the JCF'SDD

Framework MOU which is necessary to operate and support the MOD

DE and MOD NO JSF Air Systems.

6.3. In accordance with paragraph 8.1.3 of Section VIII

(Disclosure and Use of Project Information) of the JSF SDD

Framework MOU, the extent and manner to which the MOD DE and MOD

NO will be given access to electronically provided Project

Foreground Information are as follows: The MOD DE and MOD NO will

have timely access to such electronic data to the extent

consistent with the disclosure limitations in paragraph 6.1 of

this Supplement.

6.4. Paragraphs 8.2.2, 8.4.2, and 8.5.2 of Section VIII

(Disclosure and Use of Project Information) of the JSF SDD

Framework MOU require that each Supplement specify the purposes

for which each Participant other than•the U.S. DoD may use or

have used Government Project Foreground Information, Contractor

Project Foreground Information, and Contractor Project Background

Information delivered under Contracts awarded in accordance with

the JSF SDD Framework MOU, respectively. For the MOD DE and MOD

NO, those purposes will be Project purposes.

6.5. Paragraph 8.8.2 and 8.8.6 of Section VIII (Disclosure and

Use of Project Information) of the JSF SDD Framework MOU require

each Supplement to specity the purposes for which a Participant

other than the U.S. DoD may practice or have practiced Project

Inventions for which a Contractor or a Participant. respectively,

grants a license under its Patents. For the MOD DE and MOD NO,

those purposes will be Project purposes.

13
SECTION VII

SECURITY

7.1. All Classified Information or material provided or

generated pursuant to this MOU will be stored, handled,

transmitted, and safeguarded in accordance with the following

agreements, as appropriate: the General Security of Military

Information Agreement between Denmark and the United States of

America, of 27 February 1981; the Industrial Sedurity Agreement

between Denmark and the United States of America, of 24 April

1981; the General Security of Information Agreement between

Norway and the United States, of 26 February 1970, as amended 27

September 1984; and the Industrial security Agreement between

Norway and the United States of America, of 24 October 1984.

7.2. The existence of this Supplement is UNCLASSIFIED cuid Lhe

contents are UNCLASSIFIED.

14
SECTION VIII

LIABILITY AND CLAIMS

8.1. The NATO SOFA will apply pursuant to its terms in matters

of liability arising out of, or in connection with, activities

carried out in the performance of official duty in the execution

of the JSF SDD Framework MOU and its Supplements.

15
SECTION IX

AMENDMENT, ENTRY INTO EFFECT, AND DURATION

9.1. This Supplement may be amended in accordance with Section

XVIII (Amendment, Withdrawal, Termination, Entry into Effect, an

Duration) of the JSF SDD Framework MOU.

9.2. The Participants recognize that, based upon the insight

provided under paragraph 5.2 of this Supplement, the MOD DE and

MOD NO intend to evaluate, twelve (12) months after this

Supplement enters into effect and periodically thereafter,

whether subcontracting competitions for the Project are being

conducted fairly. If MOD DE or MOD NO concludes that

subcontracting competitions are not being conducted fairly, the

MOD DE or MOD NO may withdraw from the JSF'SDD Framework MOU and

this Supplement.

9.3. This Supplement, which consists of nine (9) Sections and

two (2) Annexes, will enter into effect on the date uoon which

both of the following circumstances have.occurred: this

Supplement has been signed by the-U.S. DoD and at least one other

Participant, and a JSF SDD Framework MOU amendment to add that

other Participant has entered'into effect. In the event that this

Supplement enters into effect with only the U.S. DoD and one

other Participant, the third Participant will have no rights or

responsibilities under this Supplement, and the U.S. DoD and the

other signatory Participant will have no responsibilities or

rights in regard to the third Participant, until such time as a

JSF SDD Framework MOU amendment has entered into effect to add

the third Participant, and the third Participant has signed this

Supplement. In the event that all three of the Participants have

not signed this Supplement within one hundred and eighty (180)

days after it enters into effect, the signatory Participants will

immediately consult in order to negotiate an amendment for those

changes necessary to make this Supplement bilateral.

9.4. This Supplement will remain in effect for the duratiOn of

the JSF SDD Framework MOU, unless terminated earlier by the

Participants.

The foregoing represents the understandings reached among the

Ministry of Defence of Denmark, the Ministry of Defence of the

Kingdom of Norway, and the Department of Defense of the United

States of America upon the matters referred Lc, Lherein.

16
at

ature

FOR THE DEPARTMENT OF

DEFENSE OF THE UNI ED STATES

OF

Signature

Signed, in triplicate, in the English language by authorized

representatives.

FOR THE MINISTRY OF

DEFENCE OF DENMARK

Orgen Hansen-Nord

Name

Deputy Permanent

Secretary of State for

Defende 

Title

28 May 2002

Date

Washington, D.C.

Location

FOR THE MINISTRY OF

DEFENCE OF THE KINGDOM OF

NORWAY

gnatu e

Leif Lipdback

Name

Director General,-

Department of Defence Resources

Title

20 June 2002

Date

Washington,

Location

E. C. Aldridge, Jr.

Name

USD(AT&L)

Title

28 May 2002

Date

Waohington, D.C.

Location

17
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ANNEX B

JSF COOPERATIVE PROJECT PERSONNEL

1.0. Purpose and Scope.

1.1. This Annex establishes the provisions which will

govern the conduct of JSF Cooperative Project Personnel. The MO •

DE and'the MOD NO will assign military members or civilian

employees to the JSF Program Office and U.S. DoD field activities

in accordance with Section III (Management (Organization and

Responsibility)), Annex A (Supplement Management Structure) and

this Annex. JSF Cooperative Project Personnel must be able to

perform ail the responsibilities for the positions assigned to

them under this Supplement. Commencement of assignments will be

subject to any requirements that may be imposed by the U.S. Don

or the U.S. Government regarding acceptance of JSF Cooperative

Project Personnel, such as, but not limited to, visas and visit

request documentation. The U.S. DoD, MOD DE, and MOD NO EC

representatives will determine the length of tour for the

positions at the time of initial assignment.

1.2. JSF Cooperative Project Personnel will be assigned to

the JSF Program Office or U.S. DoD field activities for Project

work and will report to their designated supervisor within those

organizations regarding that work. JSF Cooperative Project

Personnel will not act as liaison officers for the MOD DE or the

MOD NO. However, such personnel, when duly authorized, may act

from time to time on behalf of the MOD DE•0 or the MOD NO's EC.

representative.

1.3. JSF Cooperative Project, Personnel will not be assigned

to command or other positions that would require them to exercise

responsibilities that are reserved by law or regulation to an

officer or employee of the U.S. Government.

2.0. Security.'

2.1. The U.S. DoD, MOD DE, and MOD NO EC representatives

will establish the maximum level of security clearance required

to permit JSF Cooperative Project Personnel to have access to

Classified Information and Material, and facilities in which

Classified Information and Material are used, in accordance with

the Program Security Instruction (PSI) and Classification Guide

(CG). Access to Classified Information and Material and

facilities in which Classified Information and Material are used

will be consistent with, and limited by, Section II (Objectives)

and Section III (Scope of Work) of the JSF SDD Framework MOU and

the corresponding provisions of this Supplement, and will be'kept

to the minimum required to accomplish the work assignments..

19
2.2. The MOD DE and the MOD NO will cause security

assurances to be filed, through the DE and NO Embassies, as

appropriate, specifying the security clearances for the JSF

Cooperative Project Personnel being assigned. The security

assurances will be prepared and forwarded through prescribed

channels in compliance with established U.S. procedures.

2.3. The Participants will use their best efforts to ensure

that U.S. DoD, MOD DE, and MOD NO personnel assigned to the JSF

Program Office or U.S. DoD field activities are aware of, and

comply with, applicable laws and regulations pertaining to

Controlled Unclassified Information and Classified Information

and MaLexial as well as Lie Lequirements of Sectiuu IX

(Controlled Unclassified Information), Section X (Visits to

Establishments), Section XI (Security), and paragraph 18.7 of

Section XVIII (Amendment, Withdrawal, Termination, Entry into

Effect, and Duration) of the JSF SDD Framework MOU and the

corresponding provisions of this Supplement, and the PSI and CG.

Prior to commencing assigned duties, JSF Cooperative Project

Personnel, as required by U.S. Government laws, regulations, or

procedures, will sign .a certification concerning the conditions

and responsibilities of CPP.

2.4. JSF Cooperative Project Personnel will at all times be

required to comply with the security and export control laws.

regulations and procedures of the U.S. Government. Any violation

of security procedures by JSF Cooperative Project Personnel

during their assignment will be reported to the applicable MOD

for appropriate action. JSF Cooperative Project Personnel

committing willful violations of security and export control

laws, regulations, or procedures during their assignments will be

withdrawn from the Project with a view toward appropriate

administrative or disciplinary action by the applicable MOD.

2.5. - All Classified Information and Material made available

to JSF Cooperative Project Personnel will be considered as

Classified Information and Material furnished to the applicable

MOD and will be subject to all of the provisions and safeguards

provided for in Section XI (Security) of the JS: SDD Framework

MOU, Section VI (Security) of this Supplement, and the PSI and

the CG.

2.6. JSF Cooperative Project Personnel will not have

personal custody of Classified Information and material or

Controlled Unclassified Information, unless approved by the JSF

Program Office and as authorized by the applicable MOD on a caseby- case basis. They will be g.ranLed access Lo such Information

and material in accordance with Section IX (Controlled

Unclassified Information) and Section XI (Security) of the JSF

20
SDD Framework MOU and the provisions of the PSI during normal

duty hours and when access is necessary to perform Project work.

2.7. JSF Cooperative Project Personnel will not serve as a

' conduit between the U.S. DoD and MOD DE or MOD NO for requests

for and/or transmission of Classified Information and Material or

Controlled Unclassified Information unless specifically

authorized by the PSI.

3.0. Administrative Matters.

3.1. Consistent with U.S. laws and regulations, JSF

Cooperative Project Personnel will be subject to the same

restrictions, conditions, and privileges as U.S. Doi personnel of

comparable rank and in comparable assignments. Further, to the

extent authorized by U.S. laws and regulations, JSF Cooperative

Project Personnel and their authorized dependents will be

accorded:

3.1.1. Exemption from any U.S. Government tax upon income

received from. the applicable MOD.

3.1.2, Exemption from any U.S. Government customs and

import duties or similar charges levied on items entering the

country for their official or personal use, including their

baggage, household effects, and private motor vehicles.

3.2. Upon or shortly after arrival, JSF Cooperative Project

Personnel will be informed by the JSF Program Office or U.S. DoD

field activities about applicable laws, orders, regulations, and

customs and the need to comply with them. JSF Cooperative

Project Personnel will also be provided briefings arranged by the

JSF Program Office or U.S. DoD field activities regarding

.applicable entitlements, privileges, and obligations such as:

3.2.1. Any medical and dental care that may be provided to

JSF Cooperative Project Personnel and their dependents at U.S.

Don medical facilities, subject to applicable laws and

regulations, including reimbursement requirements.

3.2.2. Purchasing and patronage privileges at military

commissaries, exchanges, theaters and clubs for JSF Cooperative

Project Personnel and their dependents, subject to applicable

laws and regulations.

3.2.3. Responsibility of JSF Cooperative Project Personnel

and those dependents accompanying them to obtain motor vehicle

liability insurance coverage in accordance with laws and

regulations applicable in the area where they are residing. In

case of claims - involving the use of private motor vehicles by JSF

21
Cdoperative Project Personnel and their dependents, the recourse

will be against such insurance.

3.3. The JSF PD, through the JSF Program Office and U.S.

DoD field activities, will establish standard operating

procedures for JSF Cooperative Project Personnel in the followin

areas:

3.3.1. Working hours, including holiday schedules.

3.3.2. Leave authorization, consistent to the extent

possible with the military or civilian personnel regulations and

practices of the U.S. DoD and the applicable MOD.

3.3.3. Dress regulations, consistent to the extent possibl

with the military or civilian personnel regulations and practices

of the U.S. DoD and the applicable MOD.

3.3.4. Performance evaluations, recognizing that such

evaluations must be rendered in accordance with the applicable

MOD's military or civilian personnel regulations and practices.

3.4. JSP Cooperative Project Personnel cornmi t.Ling an

offense under the laws•of the government of the U.S. DoD or the

applicable MOD may be withdrawn from this Project with a view

toward further administrative or disciplinary action by the

applicable MOD. 'Disciplinary action, however, will not be taken

by the U.S. DoD against JSF Cooperative Project Personnel, nor

will JSF Cooperative Project Personnel exercise disciplinary

authority over U.S. DoD personnel. In accordance with U.S. laws,

regulations, and procedures, the U.S.•DoD will assist the MOD DE

and the MOD NO in carrying out investigations of offenses

involving JSF Cooperative Project Personnel.

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