TREATIES AND OTHER INTERNATIONAL ACTS SERIES 02-810 

________________________________________________________________________ 

DEFENSE 

Joint Strike Fighter Program 

 Agreement Between the 

UNITED STATES OF AMERICA 

and TURKEY Supplementing the 

Memorandum of Understanding of 

January 17, 2001 

Signed at Washington July 11, 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.” 
 TURKEY 

Defense: Joint Strike Fighter Program 

 Agreement supplementing memorandum of 

 understanding of January 17, 2001. 

 Signed at Washington July 11, 2002; 

 Entered into force August 10, 2002. 

 With annexes. 

 
SUPPLEMENT

BETWEEN THE

DEPARTMENT OF DEFENSE

OF THE UNITED STATES OF AMERICA

ON BEHALF OF THE GOVERNMENT OF THE UNITED STATES OF AMERICA

AND THE

UNDERSECRETARIAT FOR DEFENSE INDUSTRIES

ON BEHALF OF THE MINISTRY OF NATIONAL DEFENSE

OF THE GOVERNMENT OF THE REPUBLIC OF TURKEY

UNDER THE MEMORANDUM OF UNDERSTANDING

CONCERNING THE COOPERATIVE FRAMEWORK FOR

SYSTEM DEVELOPMENT AND DEMONSTRATION OF THE

JOINT STRIKE FIGHTER

Certified to be a true copy:

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Aennife chrock

Navy nternational Programs

Navy IPO 01C4
TABLE OF CONTENTS

INTRODUCTION 2

SECTION I

DEFINITIONS OF TERMS AND ABBREVIATIONS 4

SECTION II

OBJECTIVES AND SCOPE 5

SECTION III

MANAGEMENT (ORGANIZATION AND RESPONSIBILITY) 6

SECTION IV

FINANCIAL PROVISIONS 9

SECTION V

CONTRACTING PROVISIONS 11

SECTION VI

JOINTLY ACQUIRED EQUIPMENT 12

SECTION VII

DISCLOSURE AND USE OF PROJECT INFORMATION 13

SECTION VIII

SECURITY 15

SECTION IX

AMENDMENT, ENTRY INTO EFFECT, AND DURATION 16

ANNEX A

SUPPLEMENT MANAGEMENT STRUCTURE 18

ANNEX B

JSF COOPERATIVE PROJECT PERSONNEL 19

2

NOTE: Some page numbers appear to be out of sequence with contents of this document.
INTRODUCTION

The Department of Defense of the United States of America

(U.S. DoD) on behalf of the Government of the United States

of America and the Undersecretariat for Defense Industries

on behalf of the Ministry of National Defense (TR MND-SSM)

of the Government of the Republic of Turkey (GORT),

hereinafter referred to as the "Participants":

Recognizing that this Supplement is subject to the

Memorandum of Understanding among the Minister of National

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

Ministry of Defence of the Republic of Italy, the State

Secretary of Defence of the Kingdom of The Netherlands, the

Ministry of Defence of the Kingdom of Norway, the

Undersecretariat for Defense Industries on behalf of the

Ministry of National Defense of the Government of the

Republic of Turkey, the Secretary of State for Defence of

the United Kingdom of Great Britain and Northern Ireland,

and the Secretary of Defense on behalf of the Department of

Defense of the United States of America concerning the

Cooperative Framework for System Development and

Demonstration of the Joint Strike Fighter (JSF SDD Framework

MOU) and any amendments thereto;

Recognizing their efforts within the North Atlantic Treaty

Organization to develop and maintain an advanced industrial

and technological capability, and the importance of the

mutual flow of defense procurement and technological knowhow as well as an increased defense production capability

for the security of both nations;

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 (SDD) Phase of the JSF Program and any

cooperation in subsequent phases;

Having regard to the need of the U.S. Air Force for a

Conventional Take-Off and Landing (CTOL) aircraft to replace

the F-16 and A-10 aircraft, and the needs of the Turkish Air

Force for a JSF aircraft to replace some of their current

inventory of F-16 and F-4 aircraft;

Recognizing the TR MND-SSM's involvement in the JSF Concept

Demonstration Phase via a Foreign Military Sales case; and

3
Desiring to enter into cooperation in the JSF SDD Phase with

a view to subsequent cooperation in JSF developmental

upgrades, production, and support;

Affirming that if the U.S. DoD and TR MND-SSM decide to

extend their cooperation to JSF production and support, they

will use their best efforts to ensure that such cooperation

maximizes benefits (including financial) that will accrue to

each of them;

Have reached the following understandings:

4
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

Personnel

JSF Senior Warfighter

Group

TR Undersecretariat for Defense

Industries and Turkish Air Force

members or 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.

The operational community advisory

group, chartered to support the

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.

5
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 the JSF SDD Framework MOU.

2.2. The Participants intend to promote industrial and

technological cooperation between the United States and

Turkey during the JSF SDD Phase.

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 to the U.S. Air System as is possible within U.S.

national disclosure policies. The Participants intend to

enhance interoperability between the U.S. DoD and the TR

MND-SSM through JSF SDD Phase cooperation and any

cooperation in subsequent phases.

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

TR MND-SSM 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 Joint

Model Specification (JMS).

2.5. The U.S. DoD and TR MND-SSM intend to pursue future

cooperation in JSF developmental upgrades, production, and

support under separate arrangements, or amendments to the

JSF SDD Framework MOU and this Supplement.

6
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 shall be the JSF Program Director (or

successor in the event of reorganization). The TR MND-SSM EC

representative shall be the Deputy Undersecretary for

Defense Industries (TR SSM) (or successor in the event of

reorganization).

3.2. The JSF SDD Framework MOU also provided for plenary EC

meetings. The U.S. DoD and the TR MND-SSM EC

representatives shall hold semi-annual U.S. DoD-TR MND-SSMonly meetings, if necessary, to address issues of concern to

the Supplement; additional meetings shall be held at the

request of either representative, when appropriate, giving

one month's notice to the other. The Participant hosting the

Supplement-specific EC meeting shall 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 shall require mutual

agreement:

3.2.1. Approving the U.S. DoD-TR MND-SSM 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 and TR MND-SSM EC representatives shall

also promptly apprise and consult on any matters that affect

the Supplement and resolve any issues brought forth by the

Director, JSF International Directorate (JSF/ID) and the TR

National Deputy.

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, shall be responsible

for:

3.4.1. Preparing, in conjunction with the TR National

Deputy, a U.S. DoD/TR MND-SSM JSF Program Office IPT

PDD for the approval of the U.S. DoD and TR MND-SSM EC

members.

7
3.4.2. Referring to the U.S. DoD and TR MND-SSM EC

members issues related to the Supplement that the

Director, JSF/ID cannot resolve.

3.4.3. Accountability to the U.S. DoD and TR MND-SSM

EC members for timely release of Project Information

furnished by the U.S. DoD to both GORT IPT members and

GORT personnel based in Turkey.

3.5. The TR MND-SSM shall provide a National Deputy in

accordance with Annex A, who shall be assigned to IPTs

within the JSF Program Office and U.S. DoD field activities.

Specific TR National Deputy responsibilities are identified

in Section 3.6 below. Specific IPT responsibilities for TR

MND-SSM personnel shall be identified in the U.S. DoD/TR

MND-SSM JSF Program Office IPT PDD. Additionally, Annex B

(JSF Cooperative Project Personnel) establishes provisions

for the general conduct of TR MND-SSM personnel located in

the JSF Program Office and U.S. DoD field activities. Annex

A (Supplement Management Structure) depicts the management

structure established for this Supplement.

3.6. In addition to assigned IPT responsibilities, the TR

National Deputy shall be responsible for:

3.6.1. Supporting the Director, JSF/ID in the day-today administrative management of both the JSF SDD

Framework MOU and this Supplement, to include oversight

of the TR MND-SSM assigned staff.

3.6.2. Providing day-to-day TR MND-SSM representation

within the JSF Program Office on all matters related to

the Project to ensure effective TR MND-SSM insight into

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. Serving as an observer in the change control

and approval process for the Contract Specification.

3.6.5. Performing other tasks, as may be assigned by

the Director, JSF/ID.

3.7. GORT military personnel and civilian employees not

assigned to the JSF Program Office in the United States of

America may attend JSF Program Reviews, Engineering

Technical Meetings, and other similar events, subject to the

8
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 TR MND-SSM.

3.8. Representatives from the Participants' operational

communities will participate in the JSF Senior Warfighter

Group.

3.9. 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 representative of the other

Participant.

9
SECTION IV

FINANCIAL PROVISIONS

4.1. In keeping with the requirements of paragraph 5.4

Section V (Financial Provisions) of the JSF SDD Framework

MOU, which reflects that the sharing of Project costs will

be equitable, the Participants set forth the following

provisions regarding their equitable contributions to the

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

established in Section V (Financial Provisions) of the JSF

SDD Framework MOU. The TR MND-SSM share of the Financial

Cost Target of the Project, as identified in paragraph 5.2

of Section V (Financial Provisions) of the JSF SDD Framework

MOU, is $175 million Then Year U.S. Dollars. In no event

shall this TR MND-SSM share be increased without the written

consent of the TR MND-SSM. The Participants recognize that

TR MND-SSM intends to pursue making additional contributions

not to exceed $75 million Then Year U.S. Dollars, subject to

mutual agreement. Any such additional contributions shall

be reflected in an amendment to this Supplement.

4.2. In the event that the actual total cost of the Project

(including overhead costs, administrative costs, and the

cost of claims) is less than the Financial Cost Target

identified in paragraph 5.2 of Section V (Financial

Provisions) of the JSF SDD Framework MOU, the Participants

will endeavor to ensure that the TR MND-SSM receives any

difference between (1) the TR MND-SSM financial

contributions actually provided to the Project and (2) the

TR MND-SSM's share of the actual total cost of the Project

(which share will be in the same proportion as its

proportion of the Financial Cost Target).

4.3. The TR MND-SSM non-financial contribution includes the

personnel assigned to the JSF Program Office and DoD field

activities in accordance with Annex A (Supplement Management

Structure).

4.4. U.S. DoD research and development costs incurred for

the Air System shall not apply to any Air Systems that may

be exported to the TR MND-SSM pursuant to U.S. commercial

export licenses in accordance with any future cooperative

production arrangements. On any future foreign military sale

by the U.S. Government to the Turkish Government of the Air

System, the U.S. DoD shall 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 TR MND-SSM does not withdraw from the JSF SDD Framework

MOU and this Supplement. In the case of TR MND-SSM

1 0
withdrawal, the financial contribution made by the TR MNDSSM up to the date of withdrawal shall be taken into

consideration regarding any such future foreign military

sale. In any event, the amount of the contribution of the

TR MND-SSM to the Project will be excluded from the price of

any Air System sold by the U.S. Government to the Turkish

Government.

4.5. 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.

4.6. Recognizing that it is important to both Participants

to minimize the exchange rate risk upon the cost of the

Project, the Participants will use their best efforts to

formulate a solution.

1 1
SECTION V

CONTRACTING PROVISIONS

5.1. The Participants recognize that the provisions of

Supplementary Agreement Number 2 Between the Governments of

the United States of America and of the Republic of Turkey

on Defense Industrial Cooperation of 29 March 1980 establish

the principle that full consideration will be given to all

qualified industrial resources in each country.

5.2. The U.S. DoD will provide the TR MND-SSM with insight

into the subcontracting for the Project via IPT

participation, attendance at Program Management Reviews, and

access to the JSF Program Office electronic network. The

Participants recognize the importance to the Project of

subcontracting competitions that are conducted fairly and

provide best value.

12
SECTION VI

JOINTLY ACQUIRED EQUIPMENT

6.1. In those instances in which the U.S. DoD elects to

dispose of Jointly'Acquired Equipment by transferring such

equipment to another Participant in accordance with

paragraph 7.6 of the JSF SDD Framework MOU, the U.S. DoD

will offer that equipment to each of the Participants of the

JSF SDD Framework MOU in order of the magnitude of their

financial contributions to the Project. The U.S. DoD will

consult with the TR MND-SSM and the other JSF SDD Framework

MOU Participants in order to achieve a distribution of this

Jointly Acquired Equipment in proportion to the

Participants' financial contributions.

13
SECTION VII

DISCLOSURE AND USE OF PROJECT INFORMATION

7.1. 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 shall

apply to this Supplement: the U.S. DoD shall not disclose

Project Information contrary to its national disclosure

policies. However, TR MND-SSM will be provided with all

relevant releasable Project Information needed to

autonomously operate, maintain and support the JSF Air

System to its maximum capability.

7.2. Subject to the provisions of Section VIII (Disclosure

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

and to U.S. national disclosure policies, the TR MND-SSM

will be provided all of the Project Information acquired in

the implementation of Section III (Scope of Work) of that

MOU, including but not limited to the following: design

criteria and software, operation and support of the TR MNDSSM JSF Air System; implementation of Affordability

Initiatives, including new and innovative project

management, logistic, manufacturing, and engineering

practices, and the investigation of the costs and benefits

associated with the Participants' operation of the Air

System.

7.3. The TR MND-SSM will be provided with copies of the

following documents for the JSF Program (and changes

thereto) upon entry into effect of this Supplement: the

Acquisition Program Baseline; the joint Operations

Requirements Document; the Joint Model Specification; the

Contract Specification; the Contract statement of work; and,

the Integrated Master Plan. The Air System Life Cycle Plan,

which addresses JSF autonomic logistics, will be provided to

TR MND-SSM after delivery to the U.S. DoD by the Air System

Contractor.

7.4. 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 TR MND-SSM

shall be given access to electronically provided Project

Foreground Information are as follows: The TR MND-SSM shall

have timely access to such electronic data to the extent

consistent with the disclosure limitations in paragraph 7.1

of this Supplement.

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

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

14
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 TR MND-SSM, those purposes shall

be Project purposes.

7.6. 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 specify 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 TR MND-SSM, those purposes shall be

Project purposes.

7.7. The Participants acknowledge that TR MND-SSM's rights

of use regarding Project Information and Patents under

paragraphs 7.5 and 7.6 will allow TR MND-SSM to use that

Information for the purposes of achieving the objectives in

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

the JSF SDD Framework MOU.

15
SECTION VIII

SECURITY

8.1. All Classified Information and Material provided or

generated pursuant to the JSF SDD Framework MOU shall be

stored, handled, transmitted, and safeguarded in accordance

with the General Security of Military Information Agreement

between the United States of America and Turkey, of 21 March

1986, and including the Industrial Security Annex thereto,

of 14 July 1986.

8.2. Existence of this Supplement is UNCLASSIFIED and the

contents are UNCLASSIFIED.

16
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, and Duration) of the JSF SDD Framework MOU.

9.2. The TR MND-SSM may withdraw from the JSF SDD Framework

MOU and this Supplement if it concludes that the Turkish

industrial participation in this Project is not

satisfactory.

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

and two (2) Annexes, shall enter into effect on the date by

which all of the following circumstances have occurred: this

Supplement and the FMPD have been signed by both

Participants; and the JSF SDD Framework MOU amendment to add

TR MND-SSM has entered into effect. This Supplement shall

remain in effect for the duration of the JSF SDD Framework

MOU, unless terminated earlier by the Participants.

17
The foregoing represents the understandings reached between

the Department of Defense of the United States of America on

behalf of the Government of the United States of America and

the Undersecretariat for Defense Industries on behalf of the

Ministry of Defense of the Government of the Republic of

Turkey upon the matters referred to therein.

Signed, in duplicate, in the English language by authorized

representatives.

FOR THE DEPARTMENT OF

DEFENSE OF THE UNITED

STATES OF AMERICA ON

BEHALF OF THE GOVERNMENT

OF THE UNITED STATES OF

AMERICA

FOR THE UNDERSECRETARIAT

FOR DEFENSE INDUSTRIES

ON BEHALF OF THE

MINISTRY OF DEFENSE OF

THE GOVERNMENT OF THE

REPUBLIC OF TURK

Signature

E. C. Aldridge, Jr.

Name

USD(AT&L)

Signature

Prof. Dr. D. Ali Erc

Name

Undersecretary for

Defense Industries

Title Title

11 July 2002 11 July 2002

Date Date

Washington, D.C. Washington, D.C.

Location Location

18
_.L._ L

1 --.

.-.1

i Contractor i i Field Site i

I Site l I Directors I

Director

(1)

Public

Affairs

BFM

Systems Engineering

IPT

Autonomic Logistics

IPT

Air Vehicle

IPT

Propulsion

IPT

• Senior War Fighters

[1/Service]

(SMO-JSF, DCS(A),

N-78, International

i Partners)

Integrated Test 

Force

Operations Contracting Security International Legal

Annex A

Supplement Management Structure

Director

Deputy Director

Technical Director 

Executive

Committee (EC) 

Not co-located with i

I main office

Note (1): TR National Deputy - Coalition Warfare/C4I Support Officer

18 NOTE: Page number 18 appears to have been duplicated in this document.
ANNEX B

JSF COOPERATIVE PROJECT PERSONNEL

1.0. Purpose and Scope.

1.1. This Annex establishes the provisions which shall

govern the conduct of JSF Cooperative Project Personnel.

The TR MND-SSM shall assign military members or civilian

employees to the JSF Program Office or 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 all the

responsibilities for the positions assigned to them under

this Supplement. Commencement of assignments shall be

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

DoD 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 and TR

MND-SSM EC representatives shall determine the length of

tour for the positions at the time of initial assignment.

1.2. JSF Cooperative Project Personnel shall be

assigned to the JSF Program Office or U.S. DoD field

activities for Project work and shall report to their

designated supervisor within those organizations regarding

that work. JSF Cooperative Project Personnel shall not act

as liaison officers for the TR MND-SSM. However, such

personnel may act from time to time on behalf of the TR MNDSSM's EC representative if the latter so authorizes in

writing.

1.3. JSF Cooperative Project Personnel shall 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 and TR MND-SSM EC representatives

shall 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 shall be consistent with, and limited

20
by, Section II (Objectives) and Section III (Scope of Work)

of the JSF SDD Framework MOU and the corresponding

provisions of this Supplement, and shall be kept to the

minimum required to accomplish the work assignments.

2.2. The TR MND-SSM shall cause security assurances to

be filed, through the TR Embassy, specifying the security

clearances for the JSF Cooperative Project Personnel being

assigned. The security assurances shall be prepared and

forwarded through prescribed channels in compliance with

established U.S. procedures.

2.3. The Participants shall use their best efforts to

ensure that both TR MND-SSM and U.S. DoD 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 Material as well as the

requirements of Section 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 shall, as required by U.S. Government laws,

regulations, or procedures, sign a certification concerning

the conditions and responsibilities of CPP.

2.4. JSF Cooperative Project Personnel shall 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 shall

be reported to the TR MND-SSM for appropriate action. JSF

Cooperative Project Personnel committing willful violations

of security and export control laws, regulations, or

procedures during their assignments shall be withdrawn from

the Project with a view toward appropriate administrative or

disciplinary action by the TR MND-SSM.

2.5. All Classified Information and Material made

available to JSF Cooperative Project Personnel shall be

considered as Classified Information and Material furnished

to the TR MND-SSM and shall be subject to all of the

provisions and safeguards provided for in Section XI

(Security) of the JSF SDD Framework MOU, Section VII

(Security) of this Supplement, and the PSI and the CG.

21
2.6. JSF Cooperative Project Personnel shall 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 TR MND-SSM on a

case-by-case basis. They shall be granted access to such

Information and material in accordance with Section IX

(Controlled Unclassified Information) and Section XI

(Security) of the JSF 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 shall not serve

as a conduit between the U.S. DoD and TR MND-SSM 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 shall be subject to the same

restrictions, conditions, and privileges as U.S. DoD

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 shall be accorded:

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

income received from the TR MND-SSM.

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 shall 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 shall 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. DoD medical facilities, subject to

applicable laws and regulations, including reimbursement

requirements.

22
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 Cooperative Project Personnel

and their dependents, the recourse shall be against such

insurance.

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

U.S. DoD field activities, shall establish standard

operating procedures for JSF Cooperative Project Personnel

in the following 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 both Participants.

3.3.3. Dress regulations, consistent to the extent

possible with the military or civilian personnel regulations

and practices of both Participants.

3.3.4. Performance evaluations, recognizing that such

evaluations must be rendered in accordance with the TR MNDSSM's military or civilian personnel regulations and

practices.

3.4. JSF Cooperative Project Personnel committing an

offense under the laws of the government of either

Participant may be withdrawn from this Project with a view

toward further administrative or disciplinary action by the

TR MND-SSM. Disciplinary action, however, shall not be

taken by the U.S. DoD against JSF Cooperative Project

Personnel, nor shall 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 shall assist the TR MND-SSM in carrying out

investigations of offenses involving JSF Cooperative Project

Personnel.

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