TREATIES AND OTHER INTERNATIONAL ACTS SERIES 10-826 

________________________________________________________________________ 

DEFENSE 

Communications 

 Memorandum of Understanding 

Between the 

UNITED STATES OF AMERICA 

and the NETHERLANDS 

Signed at Washington and The Hague 

August 21 and 26, 2010 

 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.” 
NETHERLANDS 

Defense: Communications 

 Memorandum of understanding signed 

 at Washington and The Hague 

 August 21 and 26, 2010; 

 Entered into force August 26, 2010. 

 With annexes. 

 
MEMORANDUM OF UNDERSTANDING

BETWEEN

THE SECRETARY OF DEFENSE

ON BEHALF OF THE DEPARTMENT OF DEFENSE

OF THE UNITED STATES OF AMERICA

AND

THE MINISTER OF DEFENCE

OF THE KINGDOM OF THE NETHERLANDS

CONCERNING

OPERATIONS AND SUPPORT OF THE

ADVANCED EXTREMELY HIGH FREQUENCY

MILITARY SATELLITE COMMUNICATIONS SYSTEM
TABLE OF CONTENTS

INTRODUCTION

ARTICLE I

ARTICLE II

ARTICLE III

ARTICLE IV

ARTICLE V

ARTICLE VI

ARTICLE VII

ARTICLE VIII

ARTICLE IX

ARTICLE X

ARTICLE XI

ARTICLE XII

ARTICLE XIII

ARTICLE XIV

ARTICLE XV

ARTICLE XVI

ANNEX A

ANNEX B

3

DEFINITIONS AND ACROYNMS 4

OBJECTIVES 11

SCOPE OF WORK 12

MANAGEMENT 13

(ORGANIZATION AND RESPONSIBILITIES)

FINANCIAL ARRANGEMENTS 17

CONTRACTING PROVISIONS 19

PROJECT EQUIPMENT 21

DISCLOSURE AND USE OF PROJECT INFORMATION 22

CONTROLLED UNCLASSIFIED INFORMATION 28

VISITS TO ESTABLISHMENTS 29

SECURITY 30

THIRD PARTY SALES AND TRANSFERS 33

LIABILITY AND CLAIMS 34

CUSTOMS DUTIES, TAXES, AND SIMILAR CHARGES 35

SETTLEMENT OF DISPUTES 35

GENERAL PROVISIONS 36

OPERATIONS AND SUPPORT OF THE ADVANCED EXTREMELY HIGHFREQUENCY (AEHF) MILITARY SATELLITE COMMUNICATIONS

(MILSATCOM) SYSTEM PROJECT

EXCHANGE OF COOPERATIVE PROJECT PERSONNEL

2
INTRODUCTION

The Department of Defense (DoD) of the United States of America and the Minister of Defence

of the Kingdom of the Netherlands (MOD), hereinafter referred to as the "Parties":

Having a common interest in defense;

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

interoperability of military equipment;

Seeking to make the best use of their respective operations and support capabilities, eliminate

unnecessary duplication of work and obtain the most efficient and cost-effective results;

Recognizing the need to develop emerging technologies collectively to field and maintain

technologically superior military satellite communications (MILSATCOM) systems;

Having a mutual need for increased capacity on the Advanced Extremely High-Frequency

(AEHF) MILSATCOM System to satisfy common operational requirements;

Recognizing the ongoing cooperation under the Memorandum of Understanding (MOU) between

the Department of Defense of the United States of America and Minister of Defence of the

Kingdom of the Netherlands Concerning Development, Documentation, Production and Initial

Fielding of Advanced Extremely High Frequency (AEHF) Military Satellite Communications

(MILSATCOM), which entered into effect November 8, 2002 (hereinafter referred to as the

"2002 MOU");

Have agreed as follows:

3
ARTICLE I

DEFINITIONS AND ACRONYMS

The Parties have agreed upon the following definitions and acronyms for terms used in this

MOU:

DEFINITIONS

AEHF

MILSATCOM

System

Allocation

Antenna

Controllers (AC)

Apportionment

Suite of cryptographic equipment being developed by the U.S. National

Security Agency (NSA) to protect the AEHF MILSATCOM System.

The cooperative effort (hereinafter referred to as the "Project") by the

DoD and MOD to operate and support their respective portions of the

AEHF Program to meet DoD and MOD national needs. This effort is a

subset of the operations and support phase of the AEHF Program.

A DoD MILSATCOM program to develop, field, operate, and support the

AEHF Space and Control Segments, which provide highly protected

communications for strategic and tactical warfighters. These

communications are characterized by jam-resistance, low probability of

detection and intercept, hardening, and anti-scintillation.

An advanced extremely high frequency satellite communications system,

which includes a Space Segment, a Control Segment, and a Terminal

Segment.

The process of assigning Resources contained in an Apportionment.

Allocation authority is vested in the DoD or MOD user that has received

the apportioned Resources.

Terminals responsible for the management of steerable antenna beams.

The AEHF resources provided to Combatant Commands and

international partners to plan, manage, and operate for the purposes of

fulfilling their mission requirements.

Advanced

Extremely High

Frequency (AEHF)

Communications

Security

(COMSEC)/

Transmission

Security

(TRANSEC)

System (ACTS)

AEHF

MILSATCOM

Operations and

Support Project

(Project)

AEHF Program

4
Assured Access

Baseline Resources

The certainty that the agreed upon amounts of AEHF MILSATCOM

Resources are immediately available and accessible for the user when and

where needed in accordance with the 2002 MOU and Annex A (AEHF

System Description and Capacity Sharing Terms and Conditions) to that

MOU. Assured Access does not include loss of communications due to

jamming, weather, or atmospheric effects.

AEHF system Resources the MOD receives in accordance with Annex A

(AEHF Project System Description and Capacity Sharing Terms and

Conditions) to the 2002 MOU and Annex A (Operations and Support of

AEHF MILSATCOM System Project) to this MOU.

Classified Official Information that requires protection in the interests of national

Information security and is so designated by the application of a security

classification. This Information may be in oral, visual, magnetic, or

documentary form or in the form of equipment or technology.

Communications Terminals responsible for the management of communication services

Controllers (CC) and associated communication Resources.

Communications Measures and controls taken to deny unauthorized persons Information

Security from, or access to, user communications.

(COMSEC)

Contract Any mutually binding legal relationship under national laws which

obligates a Contractor to furnish supplies or services, and obligates one or

both of the Parties to pay for them.

Contracting The obtaining of supplies or services by Contract from sources outside

the governmental organizations of the Parties. Contracting includes a

description (but not determination) of supplies and services required

solicitation and selection of sources, preparation and award of Contracts,

and all phases of Contract administration.

Contracting Agency The entity within the governmental organization of a Party that has

authority to enter into, administer, and terminate contracts.

Contracting Officer A person representing a Contracting Agency of a Party who has the

authority to enter into, administer, and terminate contracts.

Contractor Any entity awarded a Contract under a Project by a Party's Contracting

Agency.

Contractor Support Persons specifically identified as providing administrative, managerial,

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

5
Contract that prohibits those persons from using Information received

under the Contract for any purpose other than those authorized under this

MOU.

Control Segment

Financial Costs

Financial Cost

Ceiling

Financial Cost

Target

Host Party

The portion of AEHF MILSATCOM System responsible for the overall

control of the system, including satellite operations, payload health, total

system monitoring, and Apportionment planning support and execution.

It includes equipment used to control satellite bus and payload on AEHF

satellites as well as the tools required to plan and manage

communications Resources.

Unclassified Information to which access or distribution limitations have

been applied in accordance with applicable national laws or regulations,

including Information that has been declassified but remains controlled.

Military members or civilian employees of a Party, who are assigned to

work on the Project in a country other than their own and perform

managerial, engineering, technical, administrative, Contracting, logistics,

financial, planning, or other functions in furtherance of the Project.

Manufacture or other use in any part of the world by or for the armed

forces of either Party.

The security office approved by national authorities to be responsible

for the security aspects of this MOU.

A Fence is a subset of the AEHF satellite communications Resources

identified by a Fence identification (Fence ID). The AEHF apportioned

Resources shall take the form of a Fence.

Terminals responsible for monitoring resource utilization within its fence

to ensure that no resource abuse takes place.

Privileged terminals responsible for the management of Fences. Fence

Privileged Terminals have the power to affect the use of system

Resources within the primary Fence (Fence ID) associated with a given

Apportionment and all sub-Fences and sub-sub-Fences derived from it.

Project costs met with monetary contributions.

The maximum amount to which the cost target may move without the

prior written approval of the Parties.

The accepted planning figure of the total cost of the Project.

The DoD or MOD to which the CPP has been assigned by the Parent

6

Controlled

Unclassified

Information

Cooperative Project

Personnel (CPP)

Defense

Purposes

Designated Security

Authority (DSA)

Fence

Fence Controllers

(FC)

Fence Privileged

Terminal
Information

International

Partner (IP)

Over-the-Air

Rekeying (OTAR)

Patent

Party.

Knowledge that can be communicated by any means, regardless of form

or type, including, but not limited to, that of a scientific, technical,

business, or financial nature, and also including photographs, reports,

manuals, threat data, experimental data, test data, computer software,

designs, specifications, processes, techniques, inventions, drawings,

technical writings, sound recordings, pictorial representations, and other

graphical presentations, whether in magnetic tape, computer memory, or

any other form, and whether or not subject to intellectual property rights.

A U.S. ally that has committed, via an MOU, to the joint development of

a portion of the AEHF Program with the United States for the satisfaction

of the International Partner's (IP's) national MILSATCOM requirements.

Currently, these include the Netherlands, Canada, and the United

Kingdom.

Document describing the management of all keys used by a system

throughout its lifetime.

Project costs met with non-monetary contributions.

All personnel, equipment, supplies, software, services, including

Contractor support associated with operating, modifying, maintaining,

supplying, training, and supporting a system.

Changing traffic encryption key or transmission security key in remote

crypto-equipment by sending new key directly to the remote cryptoequipment over the communications path it secures.

The DoD or MOD from which the CPP was assigned.

A signatory to this MOU represented by its military and civilian

personnel. Contractors and Contractor Support Personnel shall not be

representatives of a Party under this MOU.

Grant by any Government or a regional office acting for more than one

Government of the right to exclude others from making, using, importing,

selling, or offering to sell an invention. The term refers to any and all

patents including, but not limited to, patents of implementation,

improvement or addition, petty patents, utility models, appearance design

patents, registered designs, and inventor certificates or like statutory

protection, as well as divisions, reissues, continuations, renewals, and

extensions of any of these.

Key Management

Plan

Non-financial

Costs

Operations and

Support (O&S)

Parent Party

Party

7
Precedence

Priority

Privilege

Project Foreground

Information

Project Information

Project Invention

Project Purposes

Project Team

Leader

A service resource attribute that the AEHF onboard resource controller

uses to determine the relative importance of a request for resource

assignment.

A terminal attribute that identifies to the AEHF system what system

Resources/services a terminal may access.

Refers to an AEHF terminal's ability to perform functions such as

network or point-to-point call tear down, Communications Controller ID

change, antenna controller ID change, and resource monitoring queries.

A satellite payload recognizes a privileged terminal by its terminal ID.

Information not generated in the performance of the Project.

Any material, equipment, end item, subsystem, component, special

tooling or test equipment jointly acquired or provided for use in the

Project.

Information generated in the performance of the Project.

Any Information provided to, generated in, or used in the Project.

Any invention in any field of technology, provided it is new, involves an

inventive step, is capable of industrial application, and is formulated or

made, either conceived or "first actually reduced to practice" in the course

of work performed under a Project. The term "first actually reduced to

practice" means the first demonstration, sufficient to establish to one

skilled in the art to which the invention pertains, of the operability of an

invention for its intended purpose and in its intended environment.

Individual from the DoD acquisition community responsible for

development, production, and fielding of the Project.

Individual from the DoD support community responsible for life-cycle

support and assigned to manage the sustainment aspects of the Project

after transition from development to O&S.

Use by or for the Parties to meet the objectives of this Memorandum of

Understanding.

Individual assigned to lead the MOD AEHF MILSATCOM project.

Project Background

Information

Project Equipment

Project Manager for

Development

(PMDEV)

Project Manager for

Support (PMSUP)

8
Prospective

Contractor

Resources

SATCOM

Operational

Manager (SOM)

SATCOM System

Expert (SSE)

Space Segment

Terminal Segment

Then-Year Dollars

Third Party

Transmission

Security

(TRANSEC)

Any entity that seeks to enter into a Contract to be awarded by a Party's

Contracting Agency and that, in the case of a solicitation involving the

release of export-controlled Information, is eligible to receive such

Information.

Uplink channels, downlink slots (hops), crosslink slots, coverage beams,

service IDs, terminal IDs, Fence IDs, and a number of privileged

terminals.

The DoD organization responsible for the management and control of

MILSATCOM Resources to ensure access for Combatant Commands and

other users, including in the Netherlands.

The DoD organization assigned to provide technical and engineering

support to a SATCOM system.

Consists of the AEHF spacecraft and all related components.

The portion of AEHF MILSATCOM System consisting of all terminals

that can access the AEHF MILSATCOM System. The Terminal Segment

includes terminals hosted on aircraft, ships and submarine platforms or

installed at fixed sites and in ground mobile and transportable

configurations, and packaged as man-portable units.

Then-Year Dollars represent amounts in U.S. dollars that shall be paid for

Resources in the actual years in which payments shall be made. A ThenYear Dollar contains implicit adjustment for variation in the purchasing

power of a dollar over time.

A government other than the Government of a Party and any person or

other entity whose Government is not the Government of a Party.

Measures and controls taken to deny unauthorized persons information

derived from telecommunication signals and ensure the authenticity of

such telecommunications.

ACRONYMS

AC Antenna Controllers

ACTS AEHF COMSEC/TRANSEC System

AEHF Advanced Extremely High Frequency

AFSPC Air Force Space Command

CC Communications Controller

CG Classification Guide

CNIP Coalition Network Interoperability Plan

9
COMSEC Communications Security

CONOPS Concept of Operations

CONSUP Concept of Support

CPP Cooperative Project Personnel

DoD Department of Defense

DPO DoD/MOD Project Office

DSA Designated Security Authorities

EHF Extremely High Frequency

EU European Union

FC Fence Controller

FMPD Financial Management and Procedures Document

FY U.S. Fiscal Year

GSSC Global SATCOM Support Center

ID Identification

IP International Partner

ITAR International Traffic in Arms Regulations

JCSC Joint Communications Satellite Center

LAKMS Local AEHF Key Management Station

MILSATCOM Military Satellite Communications

MOD Minister of Defence

MOU Memorandum of Understanding

MPE Mission Planning Element

NCSA National Communication Security Agency

NSA National Security Agency

O&S Operations and Support

OTAR Over-the-Air Rekeying

OSD Office of the Secretary of Defense

OSPO Operations and Support Project Office

OSSC Operations and Support Steering Committee

PMDEV Project Manager for Development

PMSUP Project Manager for Support

PSI Project Security Instruction

RSSC Regional SATCOM Support Center

SATCOM Satellite Communications

SC Steering Committee

SIPRNET Secret Internet Protocol Router Network

SOC Satellite Operations Center

SOFA Status of Forces Agreement

SOM SATCOM Operational Manager

SSE SATCOM System Expert

TRANSEC Transmission Security

U.S. United States

USSTRATCOM United States Strategic Command
ARTICLE II

OBJECTIVES

2.1. The objectives of this MOU are:

2.1.1. To operate, maintain, and cooperate jointly on portions of the O&S of the AEHF

MILSATCOM Program, in accordance with the provisions of this MOU and Annex A

(Operations and Support of the AEHF MILSATCOM System Project) to this MOU.

2.1.2. To establish technical and operational interoperability requirements and determine

the means to meet these requirements during O&S of the AEHF Program in accordance

with Annex A (Operations and Support of the AEHF MILSATCOM System Project) to

this MOU, and the mutual defense objectives of the United States and the Netherlands.

2.1.3. To determine the flexibility and constraints associated with the Parties'

cooperation on portions of the O&S of the AEHF MILSATCOM Program, and to

document them in concepts of operation, operating instructions, and operating

procedures.

2.1.4. To set the basis for long-term cooperation for the AEHF MILSATCOM System

that is mutually beneficial for the Parties.

2.2. This MOU does not preclude the Parties from entering into any other bilateral or

multilateral arrangements regarding the AEHF MILSATCOM System.

2.3. This MOU supplements and supports the 2002 MOU, and it achieves the objective in the

2002 MOU of developing a follow-on MOU for cooperation on the O&S of the AEHF

MILSATCOM System.

11
ARTICLE III

SCOPE OF WORK

3.1. This MOU shall be implemented in accordance with the O&S provisions of the Annexes

to this MOU. The Parties may enter into other arrangements within the scope of this MOU, as

necessary. Annex A (Operations and Support of the AEHF MILSATCOM System Project) to

this MOU sets out the details for AEHF O&S cooperation. The overall work to be undertaken

under this MOU, as detailed in the Annexes to this MOU, includes, but is not limited to, the

following:

3.1.1. Cooperation on the operations of the AEHF MILSATCOM System, including the

communications planning, network/resource control, and Terminal Segment;

3.1.2. Maintaining the technical and operational requirements and solutions that enable

the DoD and MOD users of the AEHF MILSATCOM System to be interoperable;

3.1.3. Cooperation on the portions of the support of the AEHF MILSATCOM System

that are cooperatively developed and fielded, for the operational life of the AEHF

MILSATCOM System; and

3.1.4. Under DoD lead, with MOD support and collaboration, develop, document,

procure, and field modifications and enhancements to the AEHF MILSATCOM System

to meet national and coalition requirements.

3.2. In the event that portions of the AEHF MILSATCOM System Space Segment are

completed with a follow-on capability instead of the AEHF satellites, the Baseline Resources

that MoD receives in accordance with Annex A (AEHF Project System Description and Capacity

Sharing Terms and Conditions) to the 2002 MOU shall be provided through a combination of the

original AEHF satellites and a subsequent AEHF-compatible satellite systems.

3.4. If, as designed, the AEHF MILSATCOM System operational life extends beyond the

current Fiscal Year (FY) 2024 budget projection, the Parties' financial responsibilities as detailed

in Article V (Financial Arrangements) of this MOU shall be extended, but only upon the mutual

written agreement of the Parties. This shall cover the associated extension of services provided

under this MOU.

12

NOTE: It is noted that the numbering between subsections 3.2 and 3.4 appears to be out of sequence.
ARTICLE IV

MANAGEMENT (ORGANIZATION AND RESPONSIBILITIES)

4.1. In accordance with the 2002 MOU, this Project is directed and administered on behalf of

the Parties by an organization consisting of a Steering Committee (SC) and a DoD/MOD Project

Office (DPO) headed by a Project Manager for Development (PMDEV). After development and

fielding, the Project shall be directed and administered on behalf of the Parties by an

organization consisting of an O&S Steering Committee (OSSC) and an O&S Project Office

(OSPO) headed by a Project Manager for Support (PMSUP). Except as set out in paragraph 4.5.

of this Article, it is envisioned that OSPO members shall not be co-located, but they shall

execute their duties from their respective host nation organizations.

4.1.1. The Operational Transition Group shall develop a plan outlining the sequence of

events that shall transition the Project from development, documentation, production and

initial fielding established by the 2002 MOU to the Project established by this MOU.

Following this transition, the SC shall transfer its duties and responsibilities to OSSC.

4.1.1.1. The MOD shall participate in any appropriate operational working

groups, as necessary.

4.1.2. The Parties may decide to hold the OSSC meetings in partnership with the other

IPs in accordance with the OSSC Charter to be approved by the Parties and the other IPs.

The Parties shall ensure that the bilateral nature of this MOU is safeguarded within the

composition and terms of the OSSC Charter by holding bilateral sessions of the OSSC as

needed.

4.1.3. The OSSC shall consist of a representative designated by each Party. The OSSC

shall meet at least annually with additional meetings held at the request of either

representative. The representative of the Party hosting the meeting shall chair that

meeting of the OSSC.

4.1.4. Decisions of the OSSC shall be made unanimously. In the event that the OSSC is

unable to reach a timely decision on an issue, each OSSC representative shall refer the

issue to its higher authority for resolution. The approved Project shall continue to be

implemented without interruption under the direction of the AEHF PMSUP while the

issue is being considered by the appropriate higher authorities.

4.2. The OSSC shall be responsible for:

4.2.1. Exercising executive-level oversight of the Project;

4.2.2. Reviewing progress towards accomplishing the tasks prescribed in Article II

(Objectives) and Article III (Scope of Work) of this MOU;

13
4.2.3. Approving the O&S Financial Management and Procedures Document (FMPD),

and revisions thereto, in accordance with Article XVI (General Provisions) of this MOU,

and conducting revalidations every five years of the mid and long-term O&S Financial

Cost Target for the Project in accordance with procedures established in the FMPD.

4.2.4. Recommending amendments to this MOU, including additional Annexes within

the scope of this MOU, in accordance with Article XVI (General Provisions) of this

MOU.

4.2.5. Resolving operational issues brought forth by the Parties.

4.2.6. Approving amendments to Annexes to this MOU, in accordance with Article XVI

(General Provisions) of this MOU.

4.2.7. Approving arrangements within the scope of this MOU, in accordance with

Article XVI (General Provisions) of this MOU.

4.2.8. Discussing and employing their best efforts to resolve through the relevant export

control authorities any export control issues raised by the Parties.

4.2.9. Monitoring Third Party sales and transfers authorized in accordance with Article

XII (Third Party Sales and Transfers) of this MOU.

4.2.10. Approving modifications to the Project Security Instruction (PSI) and a

Classification Guide (CG) for the Project.

4.3. As the DoD SATCOM Operational Manager (SOM), U.S. Strategic Command

(USSTRATCOM) shall be responsible for:

4.3.1. Managing day-to-day operations of the AEHF MILSATCOM System.

4.3.2. Maintaining a direct liaison with the U.S. Military Departments, Joint Staff,

Defense Information Systems Agency, MOD, Office of the Secretary of Defense (OSD),

other IPs, and users of SATCOM systems to support DoD SATCOM architecture

development, and integrating SATCOM into the defense information

infrastructure/defense information systems network.

4.3.3. Ensuring MOD Baseline Resources that MOD receives in accordance with Annex

A (AEHF Project System Description and Capacity Sharing Terms and Conditions) to the

2002 MOU are provided over the life of the AEHF MILSATCOM System.

4.3.4. Executing policy and directions as they relate to the AEHF MILSATCOM

System

4.3.5. Coordinating technical aspects of the AEHF MILSATCOM System with the

applicable SATCOM Systems Expert (SSE).

14
4.3.6. Coordinating day-to-day operations with DoD and MOD operational elements

and other IPs.

4.3.7. Preparing periodic operational status reports for submission to the OSSC.

4.3.8. Referring to the OSSC issues that cannot be resolved by the SOM.

4.4. As the DoD lead for AEHF development and support, U.S. Air Force Space Command

(AFSPC) shall designate the PMDEV and the PMSUP.

4.4.1. PMDEV shall:

4.4.1.1. Execute the financial aspects of the Project in accordance with the

provisions of Article V (Financial Arrangements) of this MOU.

4.4.1.2. Prepare the O&S FMPD that establishes the detailed financial

management procedures under which the Project shall operate. These procedures

must be in accordance with the national accounting and audit requirements of the

Parties.

4.4.1.3. Maintain the PSI and CG until the transition referenced in paragraph

4.1. occurs.

4.4.1.4. Monitor export control arrangements required to implement this MOU

and, if applicable, discuss and resolve export control issues through the export

control authorities of the Parties.

4.4.1.5. Transition management of this Project to PMSUP as development is

completed and the system becomes operational.

4.4.2. PMSUP shall:

4.4.2.1. Maintain a direct liaison with the U.S. Military Departments, Joint Staff,

Defense Information Systems Agency, MOD, OSD, other IPs, and users of the

AEHF MILSATCOM System to identify system logistical provisioning

requirements.

4.4.2.2. Manage the cost, schedule, performance, requirements, technical, security

and financial aspects in accordance with Article V (Financial Arrangements) of

this MOU.

4.4.2.3. Maintain the O&S FMPD that establishes the detailed financial

management procedures under which the Project shall operate. These procedures

shall be in accordance with the national accounting and audit requirements of the

Parties.

15
4.4.2.4. Monitor export control arrangements required to implement this MOU

and, if applicable, discuss and resolve export control issues through the export

control authorities of the Parties.

4.4.2.5. Maintain oversight of the security aspects of the Project, including

compliance with the PSI and the CG applicable to this MOU, and maintain the

PSI and CG after the transition referenced in paragraph 4.1. of this Article occurs.

4.4.2.6. Coordinate amendments to this MOU in accordance with Article XVI

(General Provisions) of this MOU.

4.4.2.7. Refer to the OSSC issues that cannot be resolved by the PMSUP.

4.4.2.8. Be assisted by the PMDEV and shall fully coordinate issues with

operational implications with the SOM.

4.5. The DoD and MOD may assign qualified personnel to organizations contributing to the

Project. Such personnel shall be integrated into an organizational element of the Parties and be

responsible for executing tasks associated with the Project. These personnel may have been

previously assigned to organizations contributing to the AEHF MILSATCOM Program in

accordance with Annex B (The Exchange of Cooperative Project Personnel) to the 2002 MOU.

Provisions for personnel assigned to organizations of the Parties contributing to this Project are

set out in Annex B (Exchange of Cooperative Project Personnel) to this MOU.

4.6. In addition to the operations, oversight, management, and control of AEHF

MILSATCOM System Resources as defined in Annex A (Operations and Support of the AEHF

MILSATCOM System Project) to this MOU, the MOD shall follow the procedures established

by the SOM for safe and efficient use of the system. Any issues associated with this

arrangement shall be referred initially to the OSSC for resolution except that:

4.6.1. The MOD shall conduct reviews of MOD MILSATCOM requirements in

accordance with internal MOD instructions for internal MOD consideration.

4.6.2. The MOD MILSATCOM requirements need not be incorporated in the DoD

SATCOM Database (SDB) (i.e., MOD requirements shall not need a validated SDB

number to use MOD Resources).

4.6.3. The MOD shall not be required to forward to DoD a listing of prioritized

requirements, including requirements that cannot be filled using apportioned assets to the

Joint Staff (this Information shall be kept internal to MOD).

4.6.4. The MOD shall not be required to prepare an annual report to DoD (Joint Staff

and the Assistant Secretary of Defense (Networks and Information Integration))

(ASD/NII), or their successors in the event of reorganization, on commercial SATCOM

operational use and associated costs.

16
ARTICLE V

FINANCIAL ARRANGEMENTS

5.1. Each Party shall contribute its equitable share of the full Financial Costs and Nonfinancial Costs of the Project including overhead costs, administrative costs, and costs of claims,

and shall receive an equitable share of the results of the Project in accordance with this MOU.

5.2. All dollar references in this MOU are expressed in U.S. Then-Year Dollars. All time

periods will be the U.S. Fiscal Year. No Non-financial contributions shall be made under this

MOU.

5.2.1. The MOD estimated financial contribution for the period of U.S. FY2010 through

U.S. FY2024 is $12.697M, or 0.83%, of the total Project costs, plus $2.133M, or

12.97%, of the total IP-specific support for a total MOD Financial Cost Ceiling that will

not exceed $14.830M. These percentages represent the MOD's equitable share of their

use of the AEHF MILSATCOM System Resources.

5.2.2. The DoD estimated financial contribution for the period of U.S. FY2010 through

U.S. FY2024 shall not exceed a DoD Financial Cost Ceiling of $1529.809M.

5.2.3. The estimated total financial contributions under this MOU for the period of U.S.

FY2010 through U.S. FY2024 shall not exceed a total Financial Cost Ceiling of

$1544.639M. The DoD and MOD contributions shall be adjusted annually, upon

approval of the Parties, based on the actual O&S costs of the AEHF Program and

reflected in the FMPD in accordance with subparagraph 4.2.3. of Article IV

(Management (Organization and Responsibilities)) of this MOU.

5.3. Each Party shall make funds available in accordance with the schedule of estimated

financial contributions as described in the O&S FMPD. The schedule of financial contributions

shall be consistent with the funding requirements of paragraph 5.2. of this Article.

5.4. The Parties may determine that it is necessary for one Party, consistent with its national

laws and regulations, to incur contractual obligations for the benefit of the Parties. When so

determined by the Parties, in the event one Party enters into a Contract or incurs other such

contractual obligations for the benefit of the other Party, each Party shall pay its equitable share

of such Contracts or other obligations. Each Party, on whose behalf the Contract or other

obligation was incurred, shall make funds available in such amounts and at such times as may be

required by the Contract and other obligations within the Financial Cost Ceiling and shall pay its

equitable share of any damages and costs that may accrue from the performance of or

cancellation of the Contract or other contractual obligation in advance of the time such

payments, damages, or costs are due. Whenever possible, prior to Contract cancellation or

amendment, the Contracting Party shall consult with the other Party concerning Contract

cancellation or amendment.

17
5.5. Each Party shall bear the costs it incurs by performing, managing, and administering its

activities under this MOU and all such costs shall be included as part of each Party's contribution

to the Project. These costs include salaries, travel and per diem for its Project personnel, as well

as any Contract costs.

5.6. The following costs shall be borne entirely by the Party incurring the costs or on whose

behalf the costs are incurred:

5.6.1. Costs associated with national representation at meetings; and

5.6.2. Costs associated with any unique national requirements, such as:

5.6.2.1. Costs associated with establishing and maintaining communications

path(s) between the DoD and MOD for O&S Information transfer necessitated by

the MOD's participation in the Project.

5.6.2.2. Costs associated with follow-on training for MOD personnel on the

AEHF MILSATCOM System, terminal operations and support, and planning and

management tools.

5.6.2.3. Costs associated with installing hardware and software partitions to

maintain separation between the Information of the Parties in systems planning,

management, and control systems supporting the AEHF MILSATCOM System.

5.6.2.4. Any other costs not expressly stated as shared costs or any costs that are

outside the scope of this MOU.

5.6.2.4.1. Costs associated with procurement, maintenance, and

sustainment of Mission Planning Element (MPE) hardware and associated

commercial software licenses and drivers are beyond the scope of this MOU. The

DoD shall provide the MOD with access to U.S. MPE support infrastructure,

whether government depot or Contractor support, for use by MOD on a

reimbursable basis as outlined by future arrangements.

5.7. A Party shall notify the other Party promptly if available funds are not adequate to fulfill

its responsibilities under this MOU. If a Party notifies the other Party that it is terminating or

reducing its funding for the Project, both Parties shall consult immediately with a view toward

continuation on a modified basis. In the event that the Parties mutually conclude, following

consultation, that continuation on a modified basis is not practicable, then the provisions of

Article XVI (General Provisions) of this MOU shall apply.

5.8. Each Party shall be responsible for internal audit scrutiny of the Project activities carried

out by it, in accordance with its own national practices.

18
ARTICLE VI

CONTRACTING PROVISIONS

6.1. The DoD (acting through the Department of the Air Force) shall be responsible for

Contracting for the Project in accordance with U.S. Contracting laws, regulations and

procedures, including Federal Acquisition Regulation and Defense Federal Acquisition

Regulation Supplement provisions, if any, specifically relating to Dutch products or Contractors.

The DoD Contracting Officer(s) is the exclusive source for providing contractual direction and

instructions to Contractors.

6.2. The PMSUP, assisted by the PMDEV prior to the transition from development to O&S

referenced in paragraph 4.1. of Article IV (Management (Organization and Responsibilities)) of

this MOU, shall be responsible for coordinating with the responsible Contracting Officer(s) in

the areas of Contract procedures, Contract negotiation, evaluation of offers, and Contract award.

The MOD may send representatives to the proposal evaluation team(s), subject to the approval of

the source selection authority(ies). The PMDEV shall review statements of work prior to the

development of solicitations to ensure that they are in accordance with this MOU. The DoD

shall provide the MOD the opportunity to review statements of work related to the Project prior

to development of solicitations. In addition, the Contracting Officer(s) shall keep the

PMDEV/PMSUP advised of all financial arrangements with the prime Contractor(s).

6.3. Each Party's Contracting Agency shall insert into its prospective Contracts (and require

its Contractors to insert in subcontracts) suitable provisions to satisfy the requirements of this

MOU, including Article VIII (Disclosure and Use of Project Information), Article IX (Controlled

Unclassified Information), Article XI (Security), Article XII (Third Party Sales and Transfers),

and Article XVI (General Provisions), including suitable provisions to ensure compliance with

the Parties' respective export control laws and regulations.

6.4. Each Party shall establish legal arrangements with its Contractors to ensure that

Contractors do not retransfer or otherwise use export-controlled Information furnished by the

other Party for any purpose other than the purposes authorized under this MOU. Such legal

arrangements shall also provide that the Contractor shall also be legally bound to not retransfer

the export-controlled Information to another Contractor or subcontractor unless that Contractor

or subcontractor has been legally bound to limit use of the Information to the purposes

authorized under this MOU. Export-controlled Information furnished by one Party under this

MOU may only be retransferred by the other Party to its Contractors if the legal arrangements

required by this paragraph have been established.

6.5. Each Party shall establish legal arrangements with its Prospective Contractors to ensure

that its Prospective Contractors do not retransfer or otherwise use export-controlled Information

furnished by the other Party for any purpose other than responding to a solicitation issued in

furtherance of the purposes authorized under this MOU. Prospective Contractors shall not be

authorized any other end use if they are not awarded a Contract. Such legal arrangements shall

also provide that the Prospective Contractors shall not retransfer the export-controlled

Information to a prospective subcontractor unless that prospective subcontractor has been legally

19
bound to limit use of the export-controlled Information for the purpose of responding to the

solicitation. Export-controlled Information furnished by one Party under this MOU may only be

retransferred by the other Party to its Prospective Contractors if the legal arrangements required

by this paragraph have been established. Upon request, either Party shall provide the identity of

Prospective Contractors and prospective subcontractors receiving export-controlled Information.

6.6. In the event the Contracting Officer is unable to secure adequate rights to use and

disclose Project Information as required by Article VIII (Disclosure and Use of Project

Information), or is notified by Contractors or Prospective Contractors of any restrictions on the

disclosure and use of information, the matter shall be referred to the OSSC for resolution.

6.7. The PMSUP shall advise immediately the SOM and MOD Project Team Leader of any

cost growth, schedule change, or performance problems that may affect MOD's contribution,

Baseline Resources, or access to the AEHF MILSATCOM System.

6.8. No requirement shall be imposed by either Party for work sharing or other industrial or

commercial compensation in connection with this MOU that is not in accordance with this

MOU.

20
ARTICLE VII

PROJECT EQUIPMENT

7.1. Each Party may provide Project Equipment identified as being necessary for executing

this MOU to the other Party. Project Equipment shall remain the property of the providing Party.

A list of all Project Equipment, in the format of Appendix 1 to Annex A of this MOU, provided

by one Party to another Party shall be developed and maintained by the PMDEV or PMSUP and

shall be approved by the OSSC.

7.2. The receiving Party shall maintain any such Project Equipment in good order, repair, and

operable condition. Unless the providing Party has authorized the Project Equipment to be

expended or otherwise consumed without reimbursement to the providing Party, the receiving

Party shall return the Project Equipment to the providing Party in as good condition as received,

normal wear and tear excepted, or return the Project Equipment and pay the costs to restore it. If

the Project Equipment is damaged beyond economical repair, the receiving Party shall return the

Project Equipment to the providing Party (unless otherwise specified in writing by the providing

Party) and pay its replacement value as computed pursuant to the providing Party's national

laws, regulations, and procedures. If the Project Equipment is lost while in the custody of the

receiving Party, the receiving Party shall issue a certificate of loss to the providing Party and pay

the replacement value as computed pursuant to the providing Party's national laws, regulations,

and procedures.

7.3. The providing Party shall deliver Project Equipment to the receiving Party at a mutually

determined location. Possession of the Project Equipment shall pass from the providing Party to

the receiving Party at the time of receipt of the Project Equipment. Any further transportation is

the responsibility of the receiving Party.

7.4. All Project Equipment that is transferred shall be used by the receiving Party only for the

purposes of carrying out this MOU unless otherwise consented to in writing by the providing

Party. In addition, in accordance with Article XII (Third Party Sales and Transfers) of this

MOU, Project Equipment shall not be retransferred to a Third Party without the prior written

consent of the providing Party.

7.5. Project Equipment transferred to one Party under this MOU shall be returned to the

providing Party prior to the termination or expiration of this MOU.

7.6. Any Project Equipment that is jointly acquired on behalf of both Parties for use under this

MOU shall be disposed of during this Project or when the Project ceases, as approved by the

OSSC.

7.7. Disposal of jointly acquired Project Equipment may include a transfer of the interest of

one Party in such Project Equipment to the other Party, or the sale of such equipment to a Third

Party in accordance with Article XII (Third Party Sales and Transfers) of this MOU. The Parties

shall share the consideration from jointly acquired Project Equipment transferred or sold to a

Third Party in the same ratio as costs are shared under this MOU.

21
ARTICLE VIII

DISCLOSURE AND USE OF PROJECT INFORMATION

8.1. General

8.1.1. The Parties recognize that successful collaboration depends on full and prompt

exchange of Information necessary to carry out the Project. The Parties intend to acquire

sufficient Project Information and rights to use such Information to enable the operation

and support of the AEHF MILSATCOM Systems. The nature and amount of Project

Information to be acquired shall be in accordance with this MOU and in particular Article

II (Objectives), Article III (Scope of Work), and Article VI (Contracting Provisions) of

this MOU.

8.1.2. The follow export control provisions shall apply to the transfer of Project

Information:

8.1.2.1. Transfer of Project Information shall be consistent with the furnishing

Party's applicable export control laws and regulations.

8.1.2.2. Unless otherwise restricted by duly authorized officials of the

furnishing Party at the time of transfer to the other Party, all export-controlled

Information furnished by one Party to the other Party may be retransferred to the

other Party's Contractors, subcontractors, Prospective Contractors, and

prospective subcontractors, subject to the requirements of paragraphs 6.4. and 6.5.

of Article XI (Contracting Provisions) of this MOU.

8.1.2.3. Export-controlled Information may be furnished by Contractors,

subcontractors, Prospective Contractors, and prospective subcontractors of one

Party to the Contractors, subcontractors, Prospective Contractors, and prospective

subcontractors of the other Party pursuant to this MOU, subject to the conditions

established in licenses or other approvals issued by the Government of the former

Party in accordance with its applicable export control laws and regulations.

8.1.2.4. If a Party finds it necessary to exercise a restriction on the retransfer of

export-controlled Information as set out in subparagraph 8.1.2.2. of this Article, it

shall promptly inform the other Party's OSSC representative. If a restriction is

then exercised and the affected Party objects, that Party's OSSC representative

shall promptly notify the other Party's OSSC representatives and they shall

immediately consult in order to discuss ways to resolve such issues or mitigate

any adverse effects.

8.1.3. Notwithstanding any other provision of this MOU, disclosure of Project

Information shall only be in accordance with the Party's respective national disclosure

policies. The Parties shall use their best efforts to maximize disclosure of Project

22
Information under this MOU to the extent permitted by their respective national

disclosure policies.

8.1.4. Communications Security (COMSEC)/Transmission Security (TRANSEC)

Information shall not be exchanged under this MOU but may be exchanged separately in

accordance with arrangements made between the U.S. NSA and the National

Communication Security Agency (NL NCSA) of the Netherlands.

8.2. Government Project Foreground Information: The following provisions shall apply to

Project Foreground Information generated by a Party's military or civilian employees (hereinafter

referred to as "Government Project Foreground Information").

8.2.1. All Government Project Foreground Information shall be disclosed without charge

to both Parties.

8.2.2. Each Party may use all Government Project Foreground Information without

charge for Defense Purposes. The Party generating Government Project Foreground

Information shall also retain its rights of use thereto. Any sale or other transfer to a Third

Party shall be subject to the provisions of Article XII (Third Party Sales and Transfers) of

this MOU.

8.3. Government Project Background Information

8.3.1. Each Party, upon request, shall disclose promptly and without charge to the other

Party any relevant Government Project Background Information generated by its military

or civilian employees, provided that:

8.3.1.1. Such Government Project Background Information is necessary to or

useful in the Project. The Party in possession of the Information shall determine

whether it is "necessary to" or "useful in" the Project.

8.3.1.2. Such Government Project Background Information may be made

available only if the rights of holders of intellectual property rights are not

infringed.

8.3.1.3. Disclosure or transfer of such Government Project Background

Information to Contractors is consistent with the furnishing Party's national

disclosure laws and regulations.

8.3.1.4. Any disclosure or transfer of such Government Project Background

Information to Contractors is consistent with the furnishing Party's export control

laws and regulations.

8.3.2. Government Project Background Information disclosed by one Party to the other

may be used without charge by the other Party for Project Purposes only; however, the

23
furnishing Party shall retain all its rights with respect to such Project Background

Information.

8.4. Contractor Project Foreground Information: The following provisions shall apply to

Project Foreground Information generated and delivered by Contractors (hereinafter referred to

as "Contractor Project Foreground Information").

8.4.1. Contractor Project Foreground Information generated and delivered by

Contractors shall be disclosed promptly and without charge to both Parties.

8.4.2. Each Party may use or have used, without charge for its Defense Purposes, all

Contractor Project Foreground Information generated and delivered by Contractors of the

other Party. The Party whose Contractors generate and deliver Contractor Project

Foreground Information shall also retain all its rights of use thereto in accordance with

the applicable Contract(s). Any sale or other transfer to a Third Party of Contractor

Project Foreground Information shall be subject to the provisions of Article XII (Third

Party Sales and Transfers) of this MOU.

8.5. Contractor Project Background Information: The following provisions shall apply to

Project Background Information generated and delivered by Contractors (hereinafter referred to

as "Contractor Project Background Information").

8.5.1. A Contracting Party shall make available to the other Party promptly and without

charge all Contractor Project Background Information generated by Contractors that is

delivered under Contracts awarded in accordance with this MOU. Any other Project

Background Information that is generated by Contractors and that is in the possession of

one Party shall be made available promptly and without charge to the other Party, upon

its request, provided the following conditions are met:

8.5.1.1. Such Contractor Project Background Information is necessary to or

useful in the Project, with the Party in possession of the Information determining

whether it is "necessary to" or "useful in" the Project.

8.5.1.2. Such Contractor Project Background Information may be made

available without incurring liability to holders of proprietary rights.

8.5.1.3. Disclosure of such Contractor Project Background Information is

consistent with national disclosure policies and regulations of the furnishing

Party.

8.5.1.4. Any disclosure or transfer of such Contractor Project Background

Information to Contractors is consistent with the furnishing Party's export control

laws and regulations.

8.5.2. Project Background Information furnished by one Party's Contractors and

disclosed to the other Party may be used without charge by the other Party for Project

24
Purposes only, and may be subject to further restrictions by holders of proprietary rights;

however, the furnishing Party shall retain all its rights with respect to such Project

Background Information.

8.6. Alternative Uses of Project Information

8.6.1. Any Project Background Information provided by one Party shall be used by the

other Party only for the purposes set forth in this MOU, unless otherwise consented to in

writing by the providing Party.

8.7. Proprietary Project Information

8.7.1. All Project Information that is subject to disclosure and use restrictions with

respect to intellectual property rights shall be identified and marked, and it shall be

handled as Controlled Unclassified Information or as Classified Information, depending

on its security classification.

8.7.2. The provisions of the NATO Agreement on the Communication of Technical

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

Implementing Procedures for the NATO Agreement on the Communication of Technical

Information for Defence Purposes, approved by the North Atlantic Council on January 1,

1971 (or any successor agreement and procedures) shall apply to Project Information that

is subject to intellectual property rights.

8.8. Patents

8.8.1. Each Party shall include in its Project-related Contracts a provision governing the

disposition of rights in regard to Project Inventions and Patent rights relating thereto,

which either:

8.8.1.1. Provides that the Party shall hold title to all Project Inventions together

with the right to make Patent application for the same, free of encumbrance from

the Contractor; or

8.8.1.2. Provides that the Contractor shall hold title (or may elect to retain title)

for Project Inventions together with the right to make Patent applications for the

same, while securing for the Party a license for the Project Inventions, and any

Patents therefore, on terms in compliance with the provisions of paragraph 8.8.2.

below.

8.8.2. In the event that a Contractor holds title (or elects to retain title) for a Project

Invention, the Contracting Party shall secure for the Parties non-exclusive, irrevocable,

royalty-free licenses under all Patents secured for that invention, to practice or have

practiced the patented Project Invention throughout the world for Defense Purposes.

25
8.8.3. The provisions of subparagraphs 8.8.4. through 8.8.7. of this Article shall apply in

regard to Patent rights for all Project Inventions made by the Parties' military or civilian

employees, including those within Government-owned facilities, and for all Project

Inventions made by Contractors for which the Contracting Party holds title or is entitled

to acquire title.

8.8.4. When a Party has or can secure the right to file a Patent application with regard to

a Project Invention, that Party shall consult the other Party regarding the filing of such

Patent application. The Party having such rights shall in other countries, file, cause to be

filed, or provide the other Party with the opportunity to file on behalf of the Party holding

such rights, or its Contractors, as appropriate, Patent applications covering any such

Project Invention. A Party shall immediately notify the other Party that a Patent

application has been filed. If a Party having filed or caused to be filed a Patent

application abandons prosecution of the application or ceases maintaining the Patent

granted or issued on the application, that Party shall notify the other Party of that decision

and shall permit the other Party to continue the prosecution or maintain the Patent as the

case may be.

8.8.5. Each Party shall be furnished by the other Party with the applications and Patent

numbers of the Patent applications filed and Patents granted with regard to Project

Inventions, and an English copy of the Patent specification for each invention filed.

8.8.6. Each Party shall grant to the other Party a non-exclusive, irrevocable, royalty-free

license under its Patents for Project Inventions, to practice or have practiced the patented

Project Invention throughout the world for Defense Purposes.

8.8.7. Patent applications to be filed, or assertions of other intellectual property rights

under this MOU that contain Classified Information, shall be protected and safeguarded

in a manner no less stringent than the requirements contained in the NATO Agreement

for the Mutual Safeguarding of Secrecy of Inventions Relating to Defence and for Which

Applications for Patents Have Been Made, done in Paris on September 21, 1960, and its

Implementing Procedures (or any successor agreement and procedures).

8.8.8. Each Party shall notify the other Party of any intellectual property infringement

claims brought against that Party arising in the course of work performed under the

Project on behalf of the other Party. Insofar as possible, the other applicable Party shall

provide Information available to it that may assist in defending such claims. Each Party

shall be responsible for handling such intellectual property infringement claims brought

against it, and shall consult with the other Party during the handling, and prior to any

settlement, of such claims. The Parties shall share the costs of resolving such intellectual

property infringement claims in proportion to their financial contributions for that work

specified in Article V (Financial Arrangements) of this MOU.

8.8.9. The Parties shall, as permitted by their national laws, regulations, and practices,

give their authorization and consent for all use and manufacture in the course of work

performed under the Project of any invention covered by Patent, or as determined to be

26
necessary for work under the Project, authorization and consent for non-commercial

copyright granted or otherwise provided by their respective countries.

27
ARTICLE IX

CONTROLLED UNCLASSIFIED INFORMATION

9.1. Except as otherwise provided in this MOU, or authorized in writing by the originating

Party, Controlled Unclassified Information provided or generated pursuant to this MOU shall be

controlled as follows:

9.1.1. Such Information shall be used only for the purposes authorized for use of Project

Information as specified in Article VIII (Disclosure and Use of Project Information) of

this MOU.

9.1.2. Access to such Information shall be limited to personnel whose access is

necessary for the permitted use under subparagraph 9.1.1. of this Article, and shall be

subject to the provisions of Article XII (Third Party Sales and Transfers) of this MOU.

9.1.3. Each Party shall take all lawful steps, which may include national classification,

available to it to keep such Information free from further disclosure (including requests

under any legislative provisions), except as provided in subparagraph 9.1.2. of this

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

unauthorized disclosure, or if it becomes probable that the Information may have to be

disclosed further under any legislative provision, immediate notification shall be given to

the originating Party.

9.2. To assist in providing the appropriate controls, the originating Party shall ensure that

Controlled Unclassified Information is appropriately marked to ensure its "in confidence" nature.

The Parties' export-controlled information shall be marked in accordance with the applicable

Party's export control markings as documented in the Project Security Instruction (PSI). The

Parties shall also decide, in advance and in writing, on the markings to be placed on any other

types of Controlled Unclassified Information and describe such markings in the PSI.

9.3. Controlled Unclassified Information provided or generated pursuant to this MOU shall be

handled in a manner that ensures control as provided for in paragraph 9.1. of this Article.

9.4. Prior to authorizing the release of Controlled Unclassified Information to Contractor(s),

the Parties shall ensure the Contractor(s) are legally bound to control such Information in

accordance with the provisions of this Article.

28
ARTICLE X

VISITS TO ESTABLISHMENTS

10.1. Each Party shall permit visits to its Government establishments, agencies and

laboratories, and Contractor industrial facilities by employees of the other Party, or by

employees of the other Party's Contractor(s), provided that the visit is authorized by both Parties

and the employees have any necessary and appropriate security clearances and a need-to-know.

10.2. All visiting personnel shall be required to comply with security regulations of the hosting

Party. Any 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 MOU.

10.3. Requests for visits by personnel of one Party to a facility of the other Party shall be

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

the hosting Party. Requests for visits shall bear the name of the Project.

10.4. Lists of personnel of each Party required to visit, on a continuing basis, facilities of the

other Party shall be submitted through official channels in accordance with recurring

international visit procedures.

29
ARTICLE XI

SECURITY

11.1. All Classified Information provided or generated pursuant to this MOU shall be stored,

handled, transmitted and safeguarded in accordance with the General Security of Information

Agreement between the Kingdom of The Netherlands and the United States of America, which

entered into effect August 18, 1960, as amended, and including the Industrial Security

Agreement of March 13, 2006.

11.2. Classified Information shall be transferred only through official Government-toGovernment channels or through channels approved by the Designated Security Authorities

(DSAs) of the Parties. Such Classified Information shall bear the level of classification, denote

the country of origin, and the conditions of release, declassification instructions and the fact that

the Information relates to this MOU.

11.3. Each Party shall take all lawful steps available to ensure that Information provided or

generated pursuant to this MOU is protected from further disclosure, except as provided by this

Article unless the other Party consents to such disclosure. Accordingly, each Party shall ensure

that the recipient:

11.3.1. Shall not release Classified Information to any government, national,

organization, or other entity of a Third Party without the prior written consent of the

originating Party, in accordance with the procedures set forth in Article XII (Third Party

Sales and Transfers) of this MOU.

11.3.2. Shall not use Classified Information for other than the purposes provided for in

this MOU.

11.3.3. Shall comply with any distribution and access restrictions on Information that is

provided under this MOU.

11.4. The Parties shall investigate all cases in which it is known or in which there are grounds

for suspecting that Classified Information or material provided or generated pursuant to this

MOU has been lost or disclosed to unauthorized persons. Each Party also shall promptly and

fully inform the other Party of the details of any such occurrences, and of the final results of the

investigation and of the corrective action taken to preclude recurrence.

11.5. The PSI and a CG, as developed in accordance with the 2002 MOU, shall be maintained

for the Project in accordance with subparagraphs 4.4.1.3. and 4.4.2.5. of Article IV (Management

(Organization and Responsibilities)) of this MOU. The PSI and the CG shall describe the

methods by which Project Information shall be classified, marked, used, transmitted, and

safeguarded, and shall require that markings for all export-controlled Classified Information shall

include the applicable export control markings identified in the PSI in accordance with paragraph

9.2. of Article IX (Controlled Unclassified Information) of this MOU. The PSI and the CG shall

be reviewed and forwarded to the Parties' DSAs for approval and shall be applicable to all

30
Government and Contractor personnel participating in the Project. The CG shall be subject to

regular review and revision with the aim of downgrading the classification whenever this is

appropriate. The PSI and the CG shall be approved by the appropriate DSA prior to the transfer

of any Classified Information or Controlled Unclassified Information.

11.6. For any facility wherein Classified Information or material is to be used, the responsible

Party shall approve the appointment of a person or persons to exercise effectively the

responsibilities for safeguarding at such facility the Information or material pertaining to this

MOU. Such official(s) shall be responsible for limiting access to Classified Information or

material involved in this MOU to those persons who have been properly approved for access and

have a need-to-know.

11.7. Each Party shall ensure that access to the Classified Information is limited to those

persons who possess requisite security clearances and have a specific need for access to the

Information in order to participate in this MOU.

11.8. The DSA of the country in which a classified Contract is awarded pursuant to this MOU

shall assume responsibility for administering within its territory security measures for the

protection of the Classified Information, in accordance with its laws and regulations. Prior to the

release to a Contractor, Prospective Contractor, or subcontractor of any Classified Information

received under this MOU, the DSAs shall:

11.8.1. Ensure that such Contractor, Prospective Contractor, or subcontractors and their

facilities have the capability to protect the Classified Information adequately.

11.8.2. Grant a security clearance to the facilities, if appropriate.

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

Classified Information, if appropriate.

11.8.4. Ensure that all persons having access to the Classified Information are informed

of their responsibilities to protect the Classified Information in accordance with Parties'

national security laws and regulations, and the provisions of this MOU.

11.8.5. Carry out periodic security inspections of cleared facilities to ensure that the

Classified Information is properly protected.

11.8.6. Ensure that access to the Classified Information is limited to those persons who

have a need-to-know for purposes of this MOU.

11.9. Contractors, Prospective Contractors, or subcontractors that are determined by DSAs to

be under financial, administrative, policy, or management control of nationals or entities of a

Third Party, may participate in a Contract or subcontract requiring access to Classified

Information provided or generated pursuant to this MOU only when enforceable measures are in

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

Information. If enforceable measures are not in effect to preclude access by nationals or other

31
entities of a Third Party, the other Party shall be consulted for approval prior to permitting such

access.

11.10. Information or material provided or generated pursuant to this MOU may be classified as

high as SECRET. The existence of this MOU is unclassified and the contents are unclassified.

32
ARTICLE XII

THIRD PARTY SALES AND TRANSFERS

12.1. The DoD shall retain the right to sell, transfer title to, disclose, or transfer possession of

Project Foreground Information, jointly acquired or produced Project Equipment, or any item

produced either wholly or in part from Project Foreground Information to Third Parties.

12.2. The MOD shall not sell, transfer title to, disclose, or transfer possession of Project

Foreground Information (or any item produced either wholly or in part from the Project

Foreground Information) or jointly acquired or produced Project Equipment to any Third Party

without the prior written consent of the U.S. Government. Furthermore, the MOD shall not

permit any such sale, disclosure, or transfer by others, including the owner of the item, without

the prior written consent of the U.S. Government. The MOD recognizes that such sales,

disclosure, or other transfers shall not be authorized by the U.S. Government unless the

Government of the intended recipient confirms in writing to the DoD it shall:

12.2.1. Not retransfer or permit the further retransfer of any equipment or Information

provided.

12.2.2. Use or permit the use of the equipment or Information provided only for the

purposes specified by the contributing Parties.

12.3. A Party shall not sell, transfer title to, disclose, or transfer possession, grant, donate or

transfer usage rights of Project Equipment or Project Background Information provided by the

other Party to any Third Party without the prior written consent of the Government of the Party

that provided such equipment or Information. The providing Party's Government shall be solely

responsible for authorizing such transfers and, as applicable, specifying the method and

provisions for implementing such transfers.

12.4. In accordance with paragraph 4.1. of Annex A (Operations and Support of the AEHF

System Project) to this MOU, for the purpose of one IP loaning apportioned satellite Resources

to another IP, the exchange of Project Background and Project Foreground Information between

the IPs in support of such loan shall not be considered a Third Party transfer. Accordingly, usage

of one IPs apportioned satellite Resources by another IP shall not be considered a Third Party

transfer.

12.5. Employees and agents of Contractors are not considered civilian personnel of a Party for

the purposes of this Section.

33
ARTICLE XIII

LIABILITY AND CLAIMS

13.1. Claims against either Party or its personnel shall be dealt with in accordance with the

terms of Article VIII of the NATO Status of Forces Agreement (NATO SOFA), dated June 19,

1951. Civilian employees of the Parties assigned to duty within their government's Defense

Department or Ministry shall be deemed for the purpose of Article VIII of NATO SOFA to be

members of a civilian component within the meaning of Article I of the NATO SOFA while

present in the territory of the other Party for the purpose of this MOU.

13.2. Claims arising under or related to any Contract awarded pursuant to Article VI

(Contractual Arrangements) shall be resolved in accordance with the provision of the Contract.

13.3. Employees and agents of Contractors shall not be considered to be civilian personnel

employed by a Party for the purpose of paragraph 13.1. of this Article.

34
ARTICLE XIV

CUSTOMS DUTIES, TAXES AND SIMILAR CHARGES

14.1. Customs duties, import and export taxes, and similar charges shall be administered in

accordance with each Party's respective laws and regulations. Insofar as existing national laws

and regulations permit, the Parties shall endeavor to ensure that such readily identifiable duties,

import and export taxes, and similar charges, as well as quantitative or other restrictions on

imports and exports, are not imposed in connection with work carried out under this MOU.

14.2. Each Party shall 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 of this Project. If any such duties, import and

export taxes, or similar charges are levied, the Party in whose country they are levied shall bear

such costs.

14.3. If, in order to apply European Union (EU) regulations, it is necessary to levy duties, then

these shall be met by the Netherlands. To this end, parts or components of the equipment

coming from outside of the EU shall proceed to their final destination accompanied by the

relevant customs document enabling settlement of duties to take place. The duties shall be paid

as a cost over and above the Netherlands costs of this MOU.

ARTICLE XV

SETTLEMENT OF DISPUTES

15.1. Disputes between the Parties arising under or relating to this MOU 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.

35
ARTICLE XVI

GENERAL PROVISIONS

16.1. All activities of the Parties under this MOU shall be carried out in accordance with their

respective national laws and regulations, including their respective export control laws and

regulations. The obligations of the Parties shall be subject to the availability of funds for such

purposes.

16.2. Annexes to this MOU are an integral part of this MOU. In the event of a conflict

between an Article of this MOU and any Annex to this MOU, the MOU Article shall control.

16.3. This MOU may only be amended by the mutual written consent of the Parties. Annexes

to this MOU may be amended by the written approval of the OSSC, after having secured

appropriate national approval. The OSSC may enter into arrangements that are within the scope

of this MOU, after having secured appropriate national approval.

16.4. This MOU may be terminated at any time upon the mutual written consent of the Parties.

In the event both Parties consent to terminate this MOU, the Parties shall consult prior to the date

of termination to ensure termination on the most economical and equitable terms.

16.5. Either Party may terminate this MOU upon 90 days written notification to the other

Party. Such notice shall be the subject of immediate consultation by the OSPO to decide upon

the appropriate course of action to be recommended to the OSSC. In the event of such

termination, the following rules apply:

16.5.1. If, as a result of the termination of this MOU by the DoD, the MOD is denied

access to the AEHF Baseline Resources guaranteed to the MOD under Annex A of the

2002 MOU, the DoD shall provide the MOD with compensation for the loss of this

access.

16.5.2. The Party terminating shall continue participation, financial and otherwise, up to

the effective date of termination.

16.5.3. Except as to Contracts awarded on behalf of both Parties, each Party shall be

responsible for its own Project-related costs associated with termination of the Project.

For contracts awarded on behalf of both Parties, the terminating Party shall pay all

Contract modification or termination costs that would not otherwise have been incurred

but for the decision to terminate; in no event, however, shall a terminating Party's total

financial contribution, including Contract termination costs, exceed that Party's total

share of the Financial Cost Ceiling for financial contributions as established in Article V

(Financial Arrangements) of this MOU.

16.5.4. All Project Information and rights therein received under the provisions of this

MOU prior to the termination shall be retained by the Parties, subject to the provisions of

this MOU.

36
16.6. The respective rights and responsibilities of the Parties regarding Article VII (Project

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

Unclassified Information), Article XI (Security), Article XII (Third Party Sales and Transfers),

Article XIII (Liability and Claims), Article XV (Settlements of Disputes), and this Article of this

MOU shall continue notwithstanding termination or expiration of this MOU.

16.7. This MOU, which consists of sixteen (16) Articles and two (2) Annexes, shall enter into

force upon signature by both Parties and shall remain in force until September 30, 2024, unless

earlier terminated, superseded, or amended. However, it is anticipated that the Parties shall

extend this MOU until the last AEHF satellite is removed from service. Upon expiration or

termination of the 2002 MOU, the Baseline Resources defined in the 2002 MOU shall continue

to be provided and governed by the terms of this MOU, until expiration or termination of this

MOU.

37
The foregoing represents the understandings reached between the Department of Defense of the

United States of America and the Minister of Defence of the Kingdom of The Netherlands upon

the matters referred to therein.

IN WITNESS WHEREOF, the undersigned being duly authorized by their governments, have

signed this MOU.

SIGNED in duplicate.

FOR THE DEPARTMENT OF DEFENSE

OF THE UNITED STATES OF

AMERICA:

Signature

RICHARD E. PERRAUT, JR., Maj Gen, USAF

Name

Deputy Under Secretary of the Air Force

International Affairs (Acting) 

Title

at A4ii to

Date

Pentagon, Washington DC

Location

38
The foregoing represents the understandings reached between the Department of Defense of the

United States of America and the Minister of Defence of the Kingdom of The Netherlands upon

the matters referred to therein.

IN WITNESS WHEREOF, the undersigned being duly authorized by their governments, have

signed this MOU.

SIGNED in duplicate.

FOR THE MINISTER OF DEFENCE OF

THE KINGDOM OF THE

NETHERLANDS:

Mels de Zeeuw, Maj Gen

Name

Director Projects and Procurement

Title

26 August 2010

Date

The Hague, The Netherlands

Location
ANNEX A

TO THE

MEMORANDUM OF UNDERSTANDING

BETWEEN

THE SECRETARY OF DEFENSE

ON BEHALF OF THE DEPARTMENT OF DEFENSE

OF THE UNITED STATES OF AMERICA

AND

THE MINISTER OF DEFENCE

OF THE KINGDOM OF THE NETHERLANDS

CONCERNING

THE OPERATIONS AND SUPPORT OF THE

ADVANCED EXTREMELY HIGH-FREQUENCY

MILITARY SATELLITE COMMUNICATIONS SYSTEM

PROJECT

40
TABLE OF CONTENTS

1.0. Introduction

2.0. System Description

2.1. System Overview

2.2. Baseline Resources

2.3. AEHF Owner

2.4. AEHF Segments

2.4.1. Space Segment

2.4.2. Control Segment

2.4.3. Terminal Segment

3.0. SATCOM Operation

3.1. Organizational Management Structure

3.1.1. Oversight

3.1.2. System Level Staff Support

3.1.3. 24-Hour Operations Centers

3.1.4. Crypto and Key Management

3.1.5. Key Management

3.2. SATCOM Operational Manager (SOM)

3.3. Global SATCOM Support Centers (GSSC)

3.3.1. Organizational Concept

3.3.2. GSSC Functions Supporting the MOD

3.4. System Planning

3.4.1. Mission Planning Element (MPE) Configuration

3.4.2. System Level Planning

3.4.3. Combatant Commander/MOD Communications Planning Staffs

3.4.4. Subordinate Level Communications Planners

3.4.5. System Access Levels

4.0. Resource Management and Control

4.1. Apportionment Planning

4.1.1. Baseline Resources

4.1.2. Unused Resources Outside the MOD Baseline Apportionment

4.1.3. Fenced Non-Baseline Resources

4.1.4. Exchanging Resources

4.1.5. System Degradation

4.2. Resource Control

4.2.1. Antenna Pointing and Control

4.2.2. Constellation Configuration Changes

4.2.3. Satellite Positioning

4.3. Life Cycle Support

4.4. Coalition Operations

1
5.0. Terminal Operations

5.1. International Partner (IP) Terminal Operations

5.2. MOD Terminal Operation

5.3. Terminal Upgrades

6.0. Cryptographic Equipment

6.1. TRANSEC

6.1.1. TRANSEC Operational Concept

6.1.2. Key Control and Distribution

6.2. COMSEC

Figures

Figure A-1 AEHF SATCOM System Operational Management Structure

Figure A-2 Notional AEHF Mission Planning Element Interfaces

Appendices

Appendix 1 Sample Format for Project Equipment
1.0. Introduction

1.1. This is an Annex to the Memorandum of Understanding (MOU) between the

Department of Defense (DoD) of the United States of America and the Minister of

Defence (MOD) of the Kingdom of the Netherlands Concerning Operations and Support

of AEHF Military Satellite Communications (MILSATCOM) System. This Annex

provides details of the Operations and Support (O&S) provisions for integrating MOD

O&S requirements into the AEHF MILSATCOM System.

2.0. System Description

2.1. System Overview. The AEHF Program shall purchase a worldwide Extremely

High Frequency (EHF) capability that shall replace the Milstar system. The AEHF

system shall provide a new Space Segment in addition to the mission Control Segment

for survivable, jam-resistant, worldwide, and secure communications for strategic and

tactical warfighters. The AEHF Program shall use as much commercial off-the-shelf

technology as possible and shall ensure that technology development produces a satellite

that can be launched on a medium-class launch vehicle. Launches of the four AEHF

satellites shall occur beginning in Calendar Year 2010. Worldwide coverage shall be

provided through the launch of subsequent AEHF and/or AEHF-compatible satellites.

MOD requirements shall be integrated into the DoD's operations and support architecture

and the MOD shall be provided their Baseline Resources in accordance with Annex A

(AEHF Project System Description and Capacity Sharing Terms and Conditions) to the

2002 MOU.

2.2. Baseline Resources.

2.2.1. The Baseline Resources, which are set forth in the 2002 MOU, were based

on specific Information regarding orbital positions at that time. U.S. operational

priorities, International Telecommunication Union orbital position approval, and

other considerations may require the DoD SATCOM Operations Manager (SOM)

to place the satellites in orbital positions that are different from those identified in

paragraph 3.1. of the 2002 MOU. If this occurs then the DoD shall coordinate

with the MOD to a.) reapportion the MOD Baseline Apportionment to other DoD

EHF satellites in a manner that best approximates the resource usage identified in

Annex A (AEHF Project System Description and Capacity Sharing Terms and

Conditions) of the 2002 MOU, or b.) maintain the Baseline Apportionment as

identified in Annex A of the 2002 MOU, which shall require MOD terminals to

be under the field of view of the repositioned satellite(s) to access the MOD

Resources.

2.3. AEHF Owner. The AEHF MILSATCOM System shall be DoD-owned and

operated. The DoD shall assign/allocate satellite communications resources to the MOD,

and the MOD shall then control its Baseline Resources. The MOD, as the "controller" of

its Resources, shall manage its Baseline Resources and have the right to use those

Baseline Resources as documented within the terms and conditions of this Annex.

3
2.4. AEHF Segments. The AEHF MILSATCOM System consists of three segments:

Space, Control, and Terminal. General responsibilities for each segment are outlined

below.

2.4.1. Space Segment. The AEHF MILSATCOM System Space Segment shall

consist of the AEHF spacecraft and all related components. The DoD shall retain

all responsibilities including launch operations, payload configuration, crosslink

connectivity, and satellite bus maintenance.

2.4.2. Control Segment. The AEHF MILSATCOM System Control Segment

includes the DoD systems used to control the satellite bus and payloads on AEHF

capable satellites as well as the tools required to plan and manage

communications Resources. The DoD shall retain full and exclusive satellite bus

control. The DoD shall use a communication control, planning, and management

system to control the AEHF satellite payloads. The DoD shall provide the MOD

with a communication control, planning, and management capability to enable the

MOD to control their Baseline Resources as detailed in this Annex. In the event

that this system is not available for use by MOD, the system at the Global

SATCOM Support Center (GSSC) International Partner (IP) Support Cell shall

provide planning and monitoring support. This support shall continue until the

MOD system is available or at the request of the MOD.

2.4.3. Terminal Segment. The DoD is developing multiple terminals to operate

with the AEHF MILSATCOM System and the MOD may purchase these

terminals from the responsible AEHF Terminal Program Office (TPO).

Terminals with the AEHF Communications Security (COMSEC)/Transmissions

Security (TRANSEC) System (ACTS) cryptographic components shall be

purchased via Foreign Military Sales (FMS). Support of these terminals is

outside the purview of this Annex. Support arrangements must be made with the

respective TPO for support of the terminals at the time of purchase.

3.0. SATCOM Operations

3.1. Organizational Management Structure. As depicted in Figure A-1, the current

concept for management of the AEHF MILSATCOM System shall have three levels:

oversight, system level staff support, and 24-hour operations centers. The MOD shall be

able to control its AEHF Baseline Resources consistent with the SATCOM Operation

Management structure as depicted below in Figure A-1 and the DoD-MOD coordinated

CONOPS and CNIP. In particular, the MOD shall be able to control its Space Segment

Baseline Resources directly, obtaining support from the DoD SATCOM Operational

Management structure, when required.

4
OVERSIGHT Joint Staff

Global SATCOM Support Center

24 HOUR

CENTERS

SPACEAF

Component

Te-chnicaT Technical (14th AF)

I Support Satellite

--> Operations Center

1

UCCs / Users MOD I

04, Direct

I Support

I Direct

I Support

Regional SATCOM Support Center

Coordination

STAFF

SUPPORT USSTRATCOM

SATCOM Operational

Manager

Combatant

Command

9

Technical I

Support

AFSPC

Satellite System

Expert (SSE)

Figure A-1. AEHF SATCOM Operational Management Structure

3.1.1. Oversight. The U.S. DoD performs operational oversight functions.

These functions are currently accomplished primarily via the JS/J6. The JCSC

shall adjudicate Apportionment and Allocation contention between two or more

authorized DoD and/or non-DoD users for the same on-orbit satellite assets

during all phases of operations, from peacetime to war. In the event the MOD

believes that it has not received its Baseline Resources, the MOD may directly

request the JCSC initiate the adjudication process to resolve the baseline

Apportionment issues. The MOD shall have an organization with similar

responsibilities for the MOD owned assets. The MOD shall conform to the

technical and operational rules of the AEHF MILSATCOM System as outlined in

subparagraph 4.6. of Article IV (Management (Organization and

Responsibilities)) of this MOU.

3.1.2. System Level Staff Support. U.S. Strategic Command (USSTRATCOM),

as the SOM, and the U.S. Air Force Space Command (AFSPC) as the SATCOM

System Expert (SSE), shall perform staff support and management functions for

the AEHF MILSATCOM System. Direct support personnel at the GSSC shall

assist IPs with activities such as Apportionment requirements and planning and

direct support for change management. The MOD shall use these support

personnel as required to satisfy their national requirements.

3.1.3. 24-Hour Operations Centers. The GSSC and Regional SATCOM Support

Centers (RSSCs) provide the operational interface with users on a 24-hour basis.

The primary support for the MOD shall be the GSSC. The support personnel at

the support centers shall assist with global and regional direct support to DoD and

5
MOD SATCOM users. The USSTRATCOM Satellite Operations Center (SOC)

is responsible for satellite control and payload control execution.

3.1.4. Crypto and Key Management. The MOD shall receive AEHF keys from

the IP Local AEHF Key Management Stations. Keys shall be transmitted in

accordance with the Key Management Plan.

3.1.5. Key Management Plan. The MOD shall submit an Appendix to the Key

Management Plan prepared by the TPOs for each terminal they procure.

3.2. SATCOM Operational Manager (SOM). The DoD organization responsible for the

Apportionment, Allocation, management, and control of MILSATCOM Resources to

ensure access for Combatant Commands and other users.

3.3. Global SATCOM Support Center (GSSC). The GSSC shall provide DoD and

MOD users the day-to-day operational interface. The GSSC shall support Combatant

Commands and other users in managing their apportioned SATCOM Resources and realtime Allocation of non-apportioned Resources.

3.3.1. Organizational Concept. SATCOM support centers include both global

and regional elements (GSSC and RSSCs). MOD users shall make use of the

GSSC as their focal point for SATCOM planning, management, and access

support. The GSSC has the responsibility to maintain the global system-ofsystems SATCOM picture, coordinate the activities of the regional centers, and

support national or global users not assigned to regions. The GSSC shall provide

planning, management, and access support to the MOD on the same basis as it

does for U.S. Combatant Commands.

3.3.2. GSSC Functions Supporting the MOD. The GSSC provides the central

operational focus for global constellation payload management. The GSSC shall

support the MOD, as necessary, by:

3.3.2.1. Performing "what if' drills, analyzing scenarios, and providing

assessments.

3.3.2.2. Assisting users in day-to-day management of apportioned and

non-apportioned Resources, accepting and analyzing SATCOM

requirements and developing solutions, and coordinating resource sharing,

as well as administering satellite access authorizations for Apportionment

owners.

3.3.2.3. Providing assistance to the MOD when there is a disruption in

service and coordinating anomaly resolution between the AEHF SOC and

the MOD.

3.4. System Planning. DoD and MOD System planning and management for the AEHF

Resources shall be accomplished through the Mission Planning Element (MPE). The

6
US

MPE

■1.-,nom MPE

(AEHF SOC)

SIPRNET

SIPRNET

US TERMINAL

DATA FLOW

• Terminal Payload

Assignments

• Terminal Parameters

• Payload Configuration

• Service Parameters

• Network Control Commands

• Antenna Control Commands

• Terminal Control Commands

• Resource Utilization Data

Collection Commands

• Ephemeris

• Terminal ID

• Resource

Utilization Data

* Interface/Connectivity TBD

MOD TERMINAll

DATA FLOW 

MOD

MPE

• Resource

Utilization Data

• Terminal Payload

Assignmen s

• Terminal Parameters

• Payload Configuration

• Service Parameters

• Network Control Commands

• Antenna Control Commands

• Terminal Control Commands

• Resource Utilization Data

Collection Commands

• Ephemeris

• Terminal ID

MOD

Terminals

MPE shall be a dynamic, flexible system that shall allow planners to perform

requirements analysis, develop system configuration changes, perform communications

resource monitoring, and support the contingency planning process. The MPE shall

provide the distributed planning capability necessary to support the AEHF philosophy of

centralized control and decentralized execution.

3.4.1. MPE Configuration. DoD MPEs shall be connected via the Secret Internet

Protocol Router Network (SIPRNET) to DoD planners. The SIPRNET is a U.S.-

only network; therefore, the DoD and MOD shall need to identify a separate

communications path for coordination and dissemination of planning and

operational Information to MOD MPE users. DoD and MOD MPEs shall be

located at the GSSC level, at MOD communications planning staff locations, and

lower-level communications planning locations as identified by the MOD.

Locations shall have access to different categories and quantities of data and be

able to perform various planning functions. Figure A-2 shows the notional MPE

interface with the AEHF MILSATCOM System.

Figure A-2. Notional AEHF Mission Planning Element Interfaces

3.4.2. System Level Planning. The AEHF SSE/SOC/GSSC shall use the MPE

for system-level planning, requirements analysis, generation of payload table

values, preparation of recommended Apportionment, and distribution of terminal

7
operational parameters to U.S. Combatant Commanders, service terminal data

nodes, and to the MOD. System monitoring and trend analysis shall be performed

at the AEHF SSE/SOC/GSSC level.

3.4.3. Combatant Commander/MOD Communications Planning Staffs. The

MPE at the GSSC/Combatant Commander/MOD level shall be used for planning,

executing, controlling, and monitoring communications networks. It shall provide

an integrated set of planning tools for Allocation of AEHF Resources to lowerlevel components. Capability shall be provided to AEHF Users, including the

MOD, to access data necessary for monitoring the status of their Baseline

Resources. The Combatant Commands shall not be able to monitor the status of

MOD Baseline Resources, and vice versa. The MOD may use the MPE to

produce terminal network parameters for development of terminal images and

terminal execution plans. The MPE shall provide the following capabilities for

the MOD:

3.4.3.1. Allow for Allocation and partitioning of MOD Baseline

Resources.

3.4.3.2. Provide MOD communications planners visibility into the

availability of Resources under their control.

3.4.3.3. Provide MOD communications planners the ability to produce

network configuration data and reconfigure networks to meet mission

needs (e.g., assign Priority, Precedence, and Privilege levels, data rates,

modulation modes, etc. for terminals).

3.4.3.4. Provide the Information required to loan and borrow Resources

to/from U.S. Combatant Commanders or other IPs.

3.4.3.5. Support contingency planning for exercises or real-world events.

3.4.3.6. Support terminal data flow.

3.4.4. Subordinate Level Communications Planners. Lower-level

communications planners shall use the MPE to produce terminal image data.

Each Party has a different mechanism for distributing this data; appropriate DoD

and MOD personnel shall determine the method used for support. The type of

terminal may also be a determining factor.

3.4.5. System Access Levels. The AEHF MILSATCOM System shall make

available specific Information concerning system utilization. Three levels for

access of resource utilization data shall be used: the system level (AEHF

SSE/SOC/GSSC), the U.S. Combatant Commander/MOD Planner level, and the

Communications Controller (CC)/Fence Controller (FC) level. Each level shall

have access to a certain category of data. The AEHF SSE/SOC/GSSC shall have

8
access to data at the systems level, the MOD Planners/FCs shall have access to

their resource utilization data, and the CCs shall have access to network data

within allocated Resources under their control.

4.0. Resource Management and Control

4.1. Apportionment Planning. The MOD and DoD shall consider reapportionments at

the request of another Party.

4.1.1. Baseline Resources as described in Annex A in the 2002 MOU. MOD

users shall have Assured Access to MOD apportioned (fenced) Baseline

Resources via the AEHF access control protocols. If at any time Baseline

Resources are not in use, the system shall make these Baseline Resources

available to other AEHF users. The MOD shall be able to preempt any users

operating within the MOD Fence. The MOD Baseline Resources shall not be

reduced except as a result of Allocation renegotiations as described in

subparagraph 4.1.5. of this Annex.

4.1.2. Unused Resources Outside the MOD Baseline Apportionment. MOD

users may access Resources outside the MOD fenced Apportionment, but those

Resources are subject to pre-emption in the same manner as described in

paragraph 4.1.1 of this Annex. If unused Resources are available, the MOD shall

be able to use these Resources until they are reclaimed by the Fence owner or a

higher priority user. Arrangements for the modeling and use of unfenced nonbaseline Resources shall be defined in the CONSUP and CNIP.

4.1.3. Fenced Non-Baseline Resources. If a Combatant Commander or MOD

requires Resources above the agreed upon Apportionment, they may request to

formally borrow Resources. During this period, the original owner can reclaim

loaned Resources in an emergency. Borrowed Resources shall take the form of a

Sub-Fence or a Subsub-Fence. Borrowed Resources shall not affect the Baseline

Apportionment, but may be compensated in accordance with national laws of the

Parties. Arrangements for the modeling use of fenced non-baseline Resources

shall be defined in the CONSUP and CNIP.

4.1.4. Exchanging Resources. The DoD and MOD may decide to exchange

AEHF Resources for Resources on other MILSATCOM systems or other

Resources. Such exchanges are not within the scope of this MOU but may be

accomplished in accordance with national laws.

4.1.5. System Degradation. The MOD shall participate in the Apportionment

process (as defined in Annex A to the 2002 MOU) in the event of system

degradation.

4.2. Resource Control.

9
4.2.1. Antenna Pointing and Control. The pointing of antenna beams is

accomplished by the antenna controller terminal through use of established AEHF

protocols.

4.2.1.1. Controlling MOD Apportioned Antennas. MOD terminals

designated as Antenna Controllers shall have the capability via terminalto-satellite access control protocols to point the MOD antenna beams

anywhere within the satellite field of view. Access to the satellite for the

purpose of antenna control does not indicate access to any other system

resource outside the MOD Fence. Arrangements for the controlling of

MOD apportioned antennas shall be defined in the CONSUP and CNIP.

4.2.1.2. Releasing MOD Apportioned Antennas. A MOD-owned antenna

beam that has been released can be re-claimed by the MOD at any time.

4.2.1.3. Coverage Via Non-MOD Apportioned Antenna. In crisis or

contingency situations, the MOD may request access to a non-MOD

allocated beam through the GSSC. The DoD shall make every effort to

satisfy the MOD requirement, but DoD makes no guarantee that access to

non-MOD apportioned Resources shall be authorized.

4.2.2. Constellation Configuration Changes. The SOM approves the AEHF

constellation based on U.S. operational needs.

4.2.2.1. Routine Support. Routine Support is defined as support required

to maintain the day-to-day operation of the satellite or constellation. The

DoD shall perform Routine Support scheduled support on the satellite

constellation. The MOD shall be included in the coordination of all

satellite support to ensure the MOD is made aware when the constellation

may be unavailable for operations.

4.2.2.2. Non-Routine Support. Non-Routine Support is defined as support

required due to an anomaly (e.g., an emergency or threatening situation)

that may hamper the health, welfare or communications of the satellite or

constellation. Combatant Commands, MOD, Services and users may not

be notified until after the anomaly has been rectified. However, the SOM

shall make every effort to notify Combatant Commands, MOD, Services

and users of the anomaly, status, and consequences as soon as possible.

4.2.3. Satellite Positioning. The DoD, in consultation with the MOD shall make

satellite-positioning decisions consistent with U.S. national requirements. The

DoD is solely responsible for the management and deployment of the AEHF

constellation. In the event a satellite needs to be moved to support U.S.

operational needs, the DoD shall coordinate with the MOD to reapportion the

MOD baseline Apportionment. The reapportionment shall be conducted in a

10
manner that best approximates the resource usage outlined in Annex A to the

2002 MOU, paragraph 3.1.

4.3. Life Cycle Support. The DoD shall maintain and upgrade the AEHF MPE

throughout the life of the AEHF constellation. The DoD shall purchase, on behalf of the

MOD, upgrades to MPE software the DoD develops for these systems.

Recommendations made by the MOD for system improvements that are incorporated

shall be reviewed to determine cost liability.

4.3.1. The DoD shall make available to the MOD all MPE software upgrades,

enhancements, and accompanying technical documentation that are not

specifically precluded by U.S. security policies. The MOD shall be provided the

opportunity to submit annually a prioritized list of deficiency corrections and

enhancements desired to the GSSC for consideration. Final adjudication of

priorities shall be at the sole discretion of the DoD based on U.S. operational

needs and fiscal constraints.

4.3.2. This MOU provides for MOD-funding of MOD-unique software

modifications and accompanying technical documentation. In the event the MOD

requires MPE software modifications that are not implemented by AFSPC,

provision shall be made for the MOD to fund the modification. Any MODfunded modifications shall be incorporated into the overall MPE configuration

and made available to all AEHF MPE users.

4.3.3. MPE software enhancements shall be installed on IP MPE hardware via

the U.S. MPE support infrastructure, whether government depot or Contracting

Officer support.

4.4. Coalition Operations. The AEHF MILSATCOM System may be available to

support coalition operations. Due to the unique nature of each operation, the DoD and

MOD shall discuss and identify the best approach in which AEHF Resources can satisfy

coalition operational needs.

5.0. Terminal Operations

5.1. IP Terminals used to communicate through or manage the Resources on the AEHF

MILSATCOM System must be operated in accordance with the capabilities and

limitations documented in this Annex and all terminal operation procedures, which shall

be provided with the terminals. Modifications of AEHF-capable terminals must be

coordinated with the appropriate TPO in accordance with the FMS case. Any terminal

developed by the MOD must comply with the appropriate AEHF Specifications, Interface

Control Documents, and System Security Requirements and must obtain system

certification from the DoD before the terminal can be used with the AEHF

MILSATCOM System. Modifications of MOD-developed AEHF-capable terminals

must be coordinated with the DoD.

11
5.2. MOD Terminal Operations. Required insularity between MOD and DoD users

may be established through the use of separate and different Communications Security

(COMSEC) keys and separate uplink, downlink, crosslink, and antenna Resources fenced

for MOD use.

5.3. Terminal Upgrades. The DoD, through the PMSUP, shall notify the MOD at least

annually, of the status of U.S. terminal procurement efforts including sustainment

updates, available enhancements, or future upgrades that have any application to MOD

terminals.

6.0. Cryptographic Equipment

6.1. TRANSEC. TRANSEC shall be assured on the AEHF MILSATCOM System

through the use of frequency hopped spread spectrum signaling and other pseudo-random

signaling techniques. All pseudo-random TRANSEC signaling techniques performed in

AEHF terminals shall be under the control of the AEHF Computer Security COMSEC

TRANSEC System (ACTS) cryptographic equipment purchased through foreign military

sales (FMS). If there is a requirement to build terminals, a separate MOU must be

negotiated with the U.S. National Security Agency (NSA). The ACTS cryptographic

equipment must be purchased from NSA under an FMS case. Negotiation with NSA is

required to satisfy the terms and conditions upon which the TRANSEC devices shall be

made available. The NSA terms and conditions are outside the scope of this MOU.

6.1.1. TRANSEC Operational Concept. The MOD shall share one uplink and

one downlink TRANSEC hopping key with DoD users and shall use "session"

keys (terminal unique and group keys) that shall be under control of the MOD

individual user groups. The DoD shall control Resources and resource access on

AEHF shall be maintained through cryptologic control of uplink and downlink

access control messages through use of individually assigned keys. These

security measures and implementation of an enhanced electronic key management

procedure allow the DoD to prevent unauthorized access to AEHF Resources.

6.1.2. Key Control and Distribution. NSA shall generate and the DoD shall

manage all AEHF MILSATCOM System keys.

6.1.2.1. The DoD shall control and distribute TRANSEC hopping keys

and may use Over-the-Air-Rekeying (OTAR) to distribute the keys. Rekeying of all AEHF terminals shall normally be accomplished by the

United States via OTAR. For non-OTAR (e.g., ground-based) re-keying

of MOD terminals, the DoD shall assume responsibility for providing keys

for re-keying of MOD terminals. Session keys shall be provided

automatically from the satellite during network setup. Session keys shall

provide the necessary segregation of service between user groups. The

DoD shall distribute keys to a single location for the MOD. The MOD

shall be responsible for further delivery to its users.

12
6.1.2.2. The MOD shall use the approved AEHF cryptographic key

management and distribution architecture as prescribed by the United

States for all AEHF MILSATCOM System keys. Terminals shall be

operated in accordance with the applicable doctrine.

6.1.3. COMSEC. Communications Security (COMSEC) is an end-to-end, user

defined, function on the AEHF MILSATCOM System.

6.1.3.1. The DoD and MOD shall be separately and individually

responsible for the operation and support of any and all COMSEC

equipment used in satisfaction of their separate national MILSATCOM

requirements through the use of the AEHF MILSATCOM System.

6.1.3.2. For DoD and MOD allied interoperable communications over

AEHF, COMSEC interoperability shall be achieved through the use of

U.S.-developed COMSEC devices and associated key material. The MOD

shall be responsible for operation of the COMSEC devices IAW the

applicable doctrine provided by the United States.
Appendix 1

Sample Format for Project Equipment

Project Equipment to be loaned shall be liked in a supplement to this Annex in the following

format.

Providing Party(s) Receiving Party(s) Qty Description Part/ Stock

#

Consumables/ NonConsumablesApprox

Value

Loan

Period

14
ANNEX B

TO THE

MEMORANDUM OF UNDERSTANDING

BETWEEN THE SECRETARY OF DEFENSE ON BEHALF OF

THE DEPARTMENT OF DEFENSE OF THE

UNITED STATES OF AMERICA

AND

THE MINISTER OF DEFENCE

OF THE KINGDOM OF THE NETHERLANDS

CONCERNING

OPERATIONS AND SUPPORT OF THE

ADVANCED EXTREMELY HIGH FREQUENCY

MILITARY SATELLITE COMMUNICATIONS SYSTEM

RELATING TO THE EXCHANGE OF

COOPERATIVE PROJECT PERSONNEL

15
1.0. Purpose and Scope

1.1. This Annex to the Memorandum of Understanding between the Department of

Defense of the United States of America and the Minister of Defence of the Kingdom of

the Netherlands Concerning Operations and Support of Advanced Extremely High

Frequency Military Satellite Communications System (MOU) establishes the provisions

that shall govern the conduct of Cooperative Project Personnel (CPP). The Parent Party

shall assign military members or civilian employees to the Project offices in accordance

with Article IV (Management (Organization and Responsibilities)) of this MOU. CPP

must be able to perform all the responsibilities assigned to them under this MOU.

Commencement of assignments shall be subject to any requirements that may be imposed

by the Host Party or its Government regarding acceptance of CPP, such as, but not

limited to, visas and visit request documentation. The Host Party and Parent Party shall

determine the length of tour for the positions at the time of initial assignment.

1.2. CPP shall be assigned to the facilities of the other Party for Project work and shall

report to their designated Host Party supervisor regarding that work. The Host PM shall

be responsible for the creation of a document describing the duties of each CPP position,

which shall be subject to approval by the Operations and Support (O&S) Steering

Committee (OSSC). CPP shall not act as liaison officers on behalf of the Parent Party.

CPP may act from time to time on behalf of the Parent Party if the Host Party so

authorizes in writing.

1.3. CPP 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 Host Party's Government.

2.0. Security

2.1. The Host Party shall establish the maximum level of security clearance required, if

any, to permit CPP to have access to Classified Information and facilities in which

Classified Information is used in accordance with the Project Security Instruction (PSI)

and Classification Guide (CG). Access to Classified Information and facilities in which

Classified Information is used shall be consistent with, and limited by, Article II

(Objectives) and Article III (Scope of Work) of this MOU, and shall be kept to the

minimum required to accomplish the work assignments.

2.2. The Parent Party shall file visit requests for the CPP through prescribed channels in

compliance with the Host Party's procedures. As part of the visit request procedures, the

Parent Party shall cause security assurances to be filed through the Parent Party's

Government embassy in the Host Party's country specifying the security clearances for

the CPP being assigned.

2.3. The Host Party and Parent Party shall use their best efforts to ensure that CPP are

aware of, and comply with, applicable laws and regulations as well as the requirements of

Article IX (Controlled Unclassified Information), Article X (Visits to Establishments),

16
Article XI (Security), and Article XVI (General Provisions) of this MOU and the

provisions of the PSI and CG. Prior to commencing assigned duties, CPP shall, if

required by the Host Party's Government laws, regulations, policies, or procedures, sign a

certification concerning the conditions and responsibilities of CPP.

2.4. CPP shall at all times be required to comply with the security and export control

laws, regulations, and procedures of the Host Party's Government. Any violation of

security procedures by CPP during their assignment shall be reported to the Parent Party

for appropriate action. CPP committing significant 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 their

Parent Party.

2.5. All Classified Information made available to CPP shall be considered as Classified

Information furnished to the Parent Party, and shall be subject to all provisions and

safeguards provided for in Article XI (Security) of this MOU, the PSI, and the CG.

2.6. CPP shall not have personal custody of Classified Information or Controlled

Unclassified Information unless approved by the Host Party and as authorized by the

Parent Party. CPP shall be granted access to such Information in accordance with Article

IX (Controlled Unclassified Information), Article XI (Security) of this MOU, and the PSI

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

2.7. CPP shall not serve as a conduit between the Host Party and Parent Party for

requests and/or transmission of Classified Information or Controlled Unclassified

Information unless specifically authorized by the PSI.

3.0. Technical and Administrative Matters

3.1. Consistent with Host Party laws and regulations, CPP shall be subject to the same

restrictions, conditions, and privileges as Host Party personnel of comparable rank and in

comparable assignments. Further, CPP and the CPP's authorized accompanying

dependents shall be accorded status in accordance with the NATO SOFA.

3.2. On arrival CPP and their dependents shall be provided briefings about applicable

laws, orders, regulations, and customs and the need to comply with them. CPP shall also

be provided briefings regarding entitlements, privileges, and responsibilities, such as:

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

dependants at local medical facilities, subject to the requirements of applicable

laws and regulations, including reimbursement when required.

3.2.2. Purchasing and patronage privileges at military commissaries, exchanges,

theaters, and clubs for CPP and the CPP's accompanying dependents, subject to

the requirements of applicable laws and regulations.

17
3.2.3. The Host Party shall provide, if available, housing and messing facilities

for CPP and the CPP's accompanying dependents on the same basis and priority

as for its own personnel. CPP shall pay messing and housing charges to the same

extent as Host Party personnel. At locations where facilities are not provided by

the Host Party for its own personnel, the Parent Party shall make suitable

arrangements for its CPP.

3.2.4. Responsibility of CPP and the CPP's accompanying dependents to obtain

motor vehicle liability insurance coverage in accordance with the laws and

regulations applicable in the area where they are residing. In case of claims

involving the use of private motor vehicles by CPP, the recourse shall be against

such insurance.

3.5. The Host Party shall, in consultation with the CPP, establish standard operating procedures

for CPP, in the following areas:

3.5.1. Working hours, including holiday schedules.

3.5.2. Leave authorization, consistent to the extent possible with the military and

civilian personnel regulations and practices of the Host Party and Parent Party.

3.5.3. Dress regulations, consistent to the extent possible with the military and

civilian personnel regulations and practices of the Host Party and Parent Party.

3.5.4. Performance evaluations, recognizing that such evaluations shall be

rendered in accordance with the Parent Party's military or civilian personnel

regulations and practices.

3.4. CPP committing an offense under the laws of the Government of the Host Party or Parent

Party may be withdrawn from this Project with a view toward further administrative or

disciplinary action by the Parent Party. Disciplinary action, however, shall not be taken by the

Host Party against CPP, nor shall CPP exercise disciplinary powers over the Host Party's

personnel. In accordance with Host Party's laws and regulations, the Host Party shall assist the

Parent Party in carrying out investigations of offenses involving CPP.

3.5. During their assignment, CPP shall not be placed in the following duty status or

environments unless decided by the Parent Party:

3.5.1. Areas of political sensitivity where their presence may jeopardize the

interests of either the Host Party or Parent Party, or where, in the normal course of

their duty, they may become involved in activities that may embarrass either

Party.

3.5.2. Deployments in non-direct hostility situations, such as United Nations

peacekeeping or multi-national operations, or third countries.

18

NOTE: It is noted that the section after subsection 3.2.4 is numbered out of sequence and should start with 3.3.
3.5.3. Duty assignments in which direct hostilities are likely. Should the Host

Party organization to which CPP are assigned become involved in hostilities

unexpectedly, CPP shall not be involved in the hostilities. Any such CPP

approved by the Parent Party for involvement in hostilities shall be given specific

guidance as to the conditions under which the assignment shall be carried out by

the appropriate authorities of the Host Party and Parent Party.

3.6. The provisions of applicable international agreements regarding the rights of a sending

State's military and civilian personnel and their dependents present in the territory of a receiving

State shall apply to CPP.

19
SAMPLE CERTIFICATION OF CONDITIONS AND RESPONSIBILITIES FOR

COOPERATIVE PROJECT PERSONNEL

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

location to which assigned) pursuant to the Memorandum of Understanding Between the

Department of Defense of the United States of America and the Minister of Defence of the

Kingdom of the Netherlands Concerning Operations and Support of Advanced Extremely High

Frequency Military Satellite Communications System. Capitalized terms in this certification

have the meanings defined in the MOU. In connection with this assignment, I further

understand, acknowledge, and certify that I shall comply with the following conditions and

responsibilities:

1. The purpose of the assignment is to provide my expertise to the program. I shall not seek

access to Information (other than Parent Party Information) except as required to perform the

duties described in the position description (PD) of the position to which I am assigned, as

determined by my designated supervisor. I shall immediately report to my designated

supervisor if I have access to Classified, proprietary, or Controlled Unclassified Information

that is not required to perform such duties.

2. I shall perform only functions that are properly assigned to me as described in the PD for my

assignment and shall not act in any other capacity to the Host Party on behalf of my

Government or my Parent Party.

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

Information provided to my Government in confidence and shall not be further released or

disclosed by me, except as authorized by the MOU.

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

matters, I shall inform such individuals that I am a foreign Cooperative Project Person.

5. I have been briefed on, understand, and shall comply with all applicable regulations

concerning the protection of proprietary Information (such as patents, copyrights, know-how

and trade secrets), Classified Information, and Controlled Unclassified Information.

6. I shall immediately report to my designated supervisor all attempts to obtain Classified

Information, proprietary Information, or Controlled Unclassified Information to which I may

have access as a result of this assignment.

(Typed Name) (Signature)

(Rank/Title) (Date)

20