TREATIES AND OTHER INTERNATIONAL ACTS SERIES 09-721 

________________________________________________________________________ 

DEFENSE 

Research and Development 

 Agreement Between the 

UNITED STATES OF AMERICA 

and COLOMBIA 

Signed at Bogota and Washington 

May 22 and July 21, 2009 

with 

Appendix 
 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.” 
COLOMBIA 

Defense: Research and Development 

 Agreement signed at Bogota and Washington 

 May 22 and July 21, 2009; 

 Entered into force July 21, 2009. 

 With appendix. 
AGREEMENT

BETWEEN

THE DEPARTMENT OF DEFENSE OF THE UNITED STATES OF AMERICA

AND

THE MINISTRY OF NATIONAL DEFENSE OF THE REPUBLIC OF COLOMBIA

CONCERNING

EXCHANGE OF

RESEARCH AND DEVELOPMENT INFORMATION

(Short Title: Colombia-U.S.

Master Information Exchange Agreement)

Certified to be a true copy:

ALIA,

THOMAS M. NOBLE

Director, International Agreements

Navy International Programs Office
TABLE OF CONTENTS

PREAMBLE 3

ARTICLE I

DEFINITION OF TERMS AND ABBREVIATIONS 4

ARTICLE II

OBJECTIVE AND SCOPE 6

ARTICLE III

MANAGEMENT 8

ARTICLE IV

CHANNELS OF COMMUNICATION AND VISITS 11

ARTICLE V

FINANCIAL ARRANGEMENTS 12

ARTICLE VI

CONTRACTUAL ARRANGEMENTS 13

ARTICLE VII

DISCLOSURE AND USE OF R&D INFORMATION 14

ARTICLE VIII

CONTROLLED UNCLASSIFIED INFORMATION 16

ARTICLE IX

SECURITY 17

ARTICLE X

THIRD PARTY TRANSFERS 19

ARTICLE XI

SETTLEMENT OF DISPUTES 20

ARTICLE XII

GENERAL PROVISIONS 21

ARTICLE XIII

AMENDMENT, TERMINATION, ENTRY INTO FORCE, AND DURATION 22

APPENDIX 1

MODEL INFORMATION EXCHANGE ANNEX 24

2

NOTE: It is noted that Article II appears on page 5 of this Agreement.
PREAMBLE

The Department of Defense of the United States of America (U.S. DoD) and the Ministry of

National Defense of the Republic of Colombia, hereinafter referred to as the "Parties":

Having a common interest in defense;

Recognizing the benefits of exploring opportunities for and promoting future

international research, development, test, and evaluation;

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

interoperability of the equipment of the Parties;

Desiring to improve mutual conventional defense capabilities through the application of

emerging technology; and

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

various technologies, recognize the benefits of cooperation in the mutual exchange of

Research and Development (R&D) Information;

Have agreed as follows:

3
ARTICLE I

DEFINITION OF TERMS AND ABBREVIATIONS

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

Annex Authorities Government officials listed in this Agreement that are authorized to act

on behalf of the Parties in matters pertinent to implementation of this

Agreement or Annexes thereto.

Armed Forces The uniformed services of the U.S. DoD and the Ministry of National

Defense of the Republic of Colombia, including the military forces of

Colombia and the Colombian National Police.

Authorities Government officials listed in this Agreement that are authorized to act

on behalf of the Parties in matters pertinent to this Agreement.

Classified

Information

Official information that requires protection in the interests of national

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

marking. This information may be in oral, visual, magnetic, or

documentary form or in the form of equipment or technology.

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

Contractor Support

Personnel

Persons specifically identified as providing administrative and

professional support services to a Party under a support contract.

Controlled

Unclassified

Information

Unclassified Information to which access or distribution limitations have

been applied in accordance with applicable national laws or regulations.

It could include information that has been declassified but remains

controlled.

Designated Security

Authority (DSA)

The security authority designated by the national authorities to be

responsible for the security aspects of this Agreement.

Establishments The Parties' governmental organizations listed in an Information

Exchange Annex that provide, or have an interest in, R&D Information to

be exchanged.

Information

Exchange Annex

(IEA)

An Annex established under the provisions of this Agreement to

exchange R&D Information of mutual interest concerning specified

technology areas or categories of weapons.

Liaison Officers

(LOs)

Representatives of the Parties, normally personnel accredited to

embassies or missions, who may assist Annex Authorities, Technical

4
Project Officers (TPOs) and Establishments in IEA-related efforts. LOs

do not include representatives of one Party who are assigned on a

temporary basis to work with organizations of the other Party under

separate arrangements except when such representatives have been

assigned for the purposes of a specific IEA.

Party A signatory to this Agreement represented by its Armed Forces and

civilian personnel. Contractors and Contractor Support Personnel shall

not be representatives of a Party under this Agreement.

Production

Information

Designs, drawings, chemical and mathematical equations, specifications,

models, manufacturing techniques, software source code, and related

information (excluding R&D Information) necessary to manufacture or

substantially upgrade military materiel and munitions.

Research and

Development

(R&D) Information

Any research and development knowledge that can be communicated by

any means, regardless of form or type including, but not limited to,

scientific, technical, business, or financial knowledge, whether or not

such knowledge is subject to copyright, patent, or other legal protection.

Technical Project

Officers (TPOs)

Representatives of the Parties' governmental organizations who are

specifically authorized to exchange R&D Information under an IEA.

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

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

ARTICLE II

OBJECTIVE AND SCOPE

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

Information of mutual interest to the Parties.

2.2. The Parties may exchange R&D Information under this Agreement upon conclusion of

individual Information Exchange Annexes (IEAs) to this Agreement. Each IEA shall

specify the scope of R&D Information that may be exchanged under that IEA pursuant to

this Agreement. Exchanges of R&D Information under each IEA shall be on a reciprocal

and balanced basis such that the R&D Information exchanged between the Parties shall

be of approximately equivalent value, quantitatively and qualitatively, within each IEA to

this Agreement.

2.3. Each IEA, upon conclusion, shall be entered into pursuant to this Agreement, the

provisions of which are hereby incorporated by reference. Each IEA shall generally

conform to the format outline provided in Appendix 1 to this Agreement. Each IEA

shall:

5
2.3.1. Specify the scope of R&D Information exchange;

2.3.2. Identify the Annex Authorities, Technical Project Officers (TPOs), and

Establishments;

2.3.3. Specify any applicable special disclosure and use provisions, \\hen necessary;

2.3.4. Identify the highest level of classification of Classified Information that may be

exchanged under the IEA; and

2.3.5. Establish a termination date for the IEA of not more than five years after the IEA

enters into force.

2.4. Either Party may propose IEAs to this Agreement. The proposing Party may provide a

written synopsis describing the proposed IEA to the other Party, and solicit its

participation in concluding an IEA.

2.5. This Agreement permits the exchange of R&D-related computer software subject to

paragraph 2.2. of this Article and the restrictions established in an individual IEA, but

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

weapon, sensor, or related system computer software documentation.

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

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

6
2.8. In the event of a conflict between the provisions of this Agreement and any Appendix or

LEA to this Agreement, the Agreement shall take precedence.

7
ARTICLE III

MANAGEMENT

3.1. The Parties hereby establish the following Authorities for this Agreement, or their

equivalents in the event of reorganization:

Ministry of National Defense of the Republic of Colombia: 

Director for Information Management and Technology of the Ministry of National

Defense of the Republic of Colombia.

U.S. Department of Defense (U.S. DoD): 

Director, International Cooperation

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

3.2. The Authorities shall be responsible for:

3.2.1. Reviewing and forwarding to the Parties for approval recommended amendments

to this Agreement in accordance with Article XIII (Amendment, Termination,

Entry into Force, and Duration) of this Agreement;

3.2.2. Amending Appendix 1 (Model Information Exchange Annex) to this Agreement

in accordance with Article XIII (Amendment, Termination, Entry into Force, and

Duration) of this Agreement; and

3.2.3. Resolving issues brought forth by the Annex Authorities.

3.3. The Parties hereby establish the following Annex Authorities to coordinate their

respective IEA efforts under this Agreement, or their equivalents in the event of

reorganization:

Ministry of National Defense of the Republic of Colombia: 

Coordinator for Investigations, Technologic Development and Innovation of Ministry;

Director for Science and Technology, Colombian Army;

Director for Investigations, Technologic Development and Innovation, Colombian Navy;

Director for Science and Technology, Colombian Air Force; and

Vice Chancellor for Investigations of Directorate School Direction, Colombian National

Police.

8
U.S. DoD:

The Office of the Assistant Secretary of the Army for Acquisition, Logistics, and

Technology (through the Deputy Director, Armaments Cooperation, Office of the Deputy

Assistant Secretary for Defense Exports and Cooperation for Army matters);

The Deputy Assistant Secretary of the Navy (International Programs) (for Navy matters);

and

The Deputy Under Secretary of the Air Force (International Affairs) (for Air Force

matters).

3.4. The Annex Authorities shall be responsible for:

3.4.1. Exercising executive-level oversight of IEA efforts;

3.4.2. Resolving issues brought forth by the TPOs;

3.4.3. Concluding new IEAs on behalf of the Parties;

3.4.4. Approving the amendment and termination of IEAs in accordance with Article

XIII (Amendment, Termination, Entry into Force, and Duration) of this

Agreement; and

3.4.5. Coordinating requests for Third Party transfers on behalf of the Parties in

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

3.5. Each IEA shall identify a single TPO to represent each Party. Unless otherwise set forth

in an individual IEA, TPOs shall be responsible for:

3.5.1. Exercising day-to-day management of IEA efforts;

3.5.2. Resolving IEA issues and problems brought forth by Establishments;

3.5.3. Referring issues to the Annex Authorities that cannot be mutually resolved by the

TPOs;

3.5.4. Recommending the development of new IEAs to the Annex Authorities;

3.5.5. Recommending the amendment or termination of IEAs to the Annex Authorities;

3.5.6. Amending the list of Establishments in IEAs;

3.5.7. Establishing and maintaining annual R&D Information exchange objectives for

each IEA, as appropriate;

9
3.5.8. Maintaining oversight of the security aspects of the IEA in accordance with

Article VIII (Controlled Unclassified Information) and Article IX (Security) of

this Agreement;

3.5.9. Acting as the national focal point for exchange of R&D Information under the

'EA, and maintaining lists of R&D Information exchanged; and

3.5.10. Any other unique responsibilities required for management of the IEA.

3.6. Each IEA shall identify Establishments that may, subject to TPO authorization and the

provisions of Article IV (Channels of Communication and Visits) of this Agreement

exchange R&D Information and sponsor visits under the IEA.

10
ARTICLE IV

CHANNELS OF COMMUNICATION AND VISITS

4.1. Only those TPOs specified in individual IEAs to this Agreement are authorized to

exchange R&D Information related to that IEA on behalf of the Annex Authorities.

R&D Information exchanged between the Parties shall be forwarded by TPOs to their

counterparts through Government-to-Government channels for appropriate

dissemination. Liaison Officers may also assist TPOs in the transmission of R&D

Information, as appropriate, in accordance with Article IX (Security) of this Agreement.

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

listed Establishments or Authorities of the other Party, provided that the visit is

authorized by both Parties and visiting personnel have appropriate security clearances

and a need-to-know.

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

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

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

provisions of this Agreement.

4.4. Requests for IEA visits by personnel of one Party to TPOs or Establishments of the other

Party shall be coordinated through Government-to-Government channels, and shall

conform with the established visit procedures of the host country. Requests for visits

shall bear the name of the IEA and a proposed list of topics to be discussed. When

requests for visits also include visits to Contractor facilities in the host country that are

outside the provisions of this Agreement, such requests shall comply with that country's

Contractor visit procedures.

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

Establishments of the other Party shall be submitted through Government-to-Government

channels in accordance with recurring international visit procedures.

11
ARTICLE V

FINANCIAL ARRANGEMENTS

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

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

between the Parties. A Party shall promptly notify the other Party if available funds are

not adequate to fulfill its obligations under this Agreement. If a Party notifies the other

Party that it is terminating or reducing its funding for any R&D effort covered by a

specific IEA to this Agreement, the Parties shall immediately consult with a view toward

termination or continuation of the IEA on a changed or reduced basis.

12
ARTICLE VI

CONTRACTUAL ARRANGEMENTS

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

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

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

Information exchanges under this Agreement.

13
ARTICLE VII

DISCLOSURE AND USE OF R&D INFORMATION

7.1. The scope of R&D Information exchanged pursuant to an IEA to this Agreement shall be

specifically described therein. Only R&D Information shall be exchanged under this

Agreement.

7.2. Except as provided in paragraph 7.5. of this Article, a Party may use, or permit its

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

this Agreement solely for information and evaluation purposes by their defense

Establishments.

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

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

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

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

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

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

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

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

Agreement and the relevant IEA to this Agreement concerning the use, control, and

protection of such R&D Information.

7.5. The Parties may determine in a specific IEA to this Agreement that R&D Information

exchanged therein may be used for purposes other than for purposes of information and

evaluation by their defense Establishments. The IEA shall contain specific provisions for

use of R&D Information, which may not extend beyond the defense purposes specified

therein.

7.6. No transfer of ownership of R&D Information shall take place under this Agreement.

R&D Information shall remain the property of the furnishing Party or its Contractors.

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

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

7.7.2. When disclosure is consistent with the disclosure laws, policies, and regulations

of the furnishing Party.

7.8. All R&D Information subject to proprietary interests shall be identified, marked, and

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

IX (Security) of this Agreement.

14
7.9. R&D Information that is exchanged under this Agreement shall be disclosed to Third

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

of this Agreement.

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

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

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

it to the receiving Party.

15
ARTICLE VIII

CONTROLLED UNCLASSIFIED INFORMATION

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

originating Party, Controlled Unclassified Information received under this Agreement

shall be controlled as follows:

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

authorized for use of R&D Information as specified in Article VII (Disclosure and

Use of R&D Information) of this Agreement;

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

whose access is necessary for the permitted use under subparagraph 8.1.1. of this

Article, and shall be subject to the provisions of Article X (Third Party Transfers)

of this Agreement; and

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

available to it to keep such Controlled Unclassified Information free from further

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

provided in subparagraph 8.1.2. of this Article, unless the furnishing Party

consents to such disclosure. In the event of unauthorized disclosure, or if it

becomes probable that the Controlled Unclassified Information may have to be

further disclosed under any legislati.re provision, immediate notification shall be

given to the furnishing Party.

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

Controlled Unclassified Information is appropriately marked to indicate its "in

confidence" nature. The Parties shall decide, in advance and in writing, on the markings

to be placed on the Controlled Unclassified Information.

16
ARTICLE IX

SECURITY

9.1. Information exchange under this Agreement shall normally take place at the unclassified

level. However, the information exchanged pursuant to an IEA may, on a case-by-case

basis, be classified at a higher level if such exchange is sufficiently justified, and

processed and approved in accordance with the national disclosure policies and

procedures of the Parties. Each Party shall ensure that access to Classified Information is

limited to those persons who possess requisite security clearances and have a specific

need for access to the Classified Information in order to participate in an IEA.

9.2. Classified Information provided pursuant to this Agreement shall be stored, handled,

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

Agreement between the Republic of Colombia and the United States of America, which

entered into force December 16, 1981 and any subsequent amendments thereto, and any

successor agreement.

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

Authorities (DSAs) of the Parties in accordance with Article IV (Channels of

Communication and Visits). Classified Information and material shall bear the level of

classification and denote the country of origin, the conditions of release, and the fact that

the Classified Information relates to this Agreement or one of its IEAs.

9.4. Each Party shall take all lawful steps available to it to ensure that Classified Information

exchanged pursuant to this Agreement including any of its IEAs is protected from further

disclosure, except as permitted by paragraph 9.7. below, unless the originating Party

consents in advance and in writing to such disclosure. The recipient Party shall comply

with any distribution and access restrictions on Classified Information that is provided

under this Agreement. Accordingly, each Party shall ensure that:

9.4.1. The recipient shall not release the Classified Information to any government,

national organization, representative 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 X (Third Party Transfers) of this Agreement.

9.4.2. The recipient shall not use the Classified Information for other than the purposes

provided for in this Agreement.

9.4.3. The recipient shall comply with any distribution and access restrictions on

information that is provided under this Agreement including any of its IEAs.

17
9.5. The Parties shall investigate all cases in which it is known or when there are grounds for

suspecting that Classified Information provided or generated pursuant to this Agreement,

including any of its IEAs, 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 occurrence,

and of the final results of the investigation and of the corrective action taken to preclude

recurrence.

9.6. For any facility wherein Classified Information is to be used, the responsible Party or

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

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

Agreement including any of its IEAs. These officials shall be responsible for limiting

access to Classified Information involved in this Agreement, including any of its IEAs, to

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

9.7. 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

such information.

9.8. The existence and contents of this Agreement are unclassified.

18
ARTICLE X

THIRD PARTY TRANSFERS

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

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

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

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

and conditions for implementing any such sales or transfers.

19
ARTICLE XI

SETTLEMENT OF DISPUTES

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

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

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

20
ARTICLE XII

GENERAL PROVISIONS

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

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

availability of appropriated funds for such purposes.

21
ARTICLE XIII

AMENDMENT, TERMINATION, ENTRY INTO FORCE, AND DURATION

1 3 . I . Except as provided in subparagraph 13.1.1. of this Article, this Agreement may be

amended upon the written consent of the Parties.

13.1.1. Appendix 1 of this Agreement may be amended upon the written consent of the

Authorities.

13.1.2. The IEAs to this Agreement may be amended upon the written consent of the

Annex Authorities, except that the Annex Authorities may change TPO

assignments, and TPOs may change the list of Establishments in their IEAs,

through an exchange of correspondence.

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

IEAs to this Agreement may be terminated at any time by the written consent of their

respective Annex Authorities. In the event the Parties decide to terminate the Agreement,

or the Annex Authorities decide to terminate any of the IEAs to this Agreement, they

shall consult at the appropriate level prior to the date of its termination to ensure

termination on the most equitable terms.

13.3. In the event that a Party finds it necessary to terminate its participation unilaterally in this

Agreement, or a Party's Annex Authority finds it necessary to terminate its participation

unilaterally in any of the IEAs to this Agreement, such termination shall be subject to the

provisions of this Agreement. The terminating Party shall continue participation until the

effective date of termination.

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

notification to the other Party.

13.3.2. A Party's Annex Authority may terminate its participation in an IEA to this

Agreement upon 60 days written notification to the other Party's Annex Authority.

13.4. The termination or expiration of this Agreement shall result automatically in the

termination of all the IEAs to this Agreement.

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

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

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

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

termination or expiration of this Agreement or IEAs to this Agreement.

22
Signature

FOR THE MINISTRY OF NATIONAL

DEFENSE OF THE REPUBLIC OF

COLO. BIA:

13.6. This Agreement, which consists of thirteen (13) Articles, and one Appendix, shall enter

into force upon signature by the Parties and shall remain in force for fifteen (15) years.

The Parties shall consult no later than six (6) years prior to the expiration of this

Agreement and decide whether to extend its duration. It may then be extended by written

consent of the Parties.

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

Signed in English and Spanish by authorized representatives, each text being equally authentic.

FOR THE DEPARTMENT OF DEFENSE

OF THE UNITED STATES OF

AMERICA:

ROBERT M. GATES

Name

JUAN MANUEL SANTOS C.

Name

SECRETARY OF DEFENSE MINISTRY OF NATIONAL DEFENSE

Title

JUL 2 1 2009

Title

22 - MAY- 2009

Date Date

BOGOTA D.0

WASHINGTON D.C.

Location Location

23
APPENDIX 1

MODEL INFORMATION EXCHANGE ANNEX

INFORMATION EXCHANGE ANNEX XX-CO—YR-nnn*

TO THE AGREEMENT

BETWEEN

THE DEPARTMENT OF DEFENSE OF THE UNITED STATES OF AMERICA

AND

THE MINISTRY OF NATIONAL DEFENSE OF THE REPUBLIC OF COLOMBIA

CONCERNING

EXCHANGE OF

RESEARCH AND DEVELOPMENT INFORMATION

CONCERNING

(Provide Title)

* The Information Exchange Annex numbers shall be assigned by the U.S. Annex

Authority and shall be structured as follows:

XX-CO-YR-nnn where XX is a U.S. Military Department designator such as N for Navy, A

for Army, AF for Air Force; CO denotes the Colombian Annex Authority; YR is the

last two digits of the calendar year in which the IEA enters into force, and nnn is a

sequential number.

In accordance with the Agreement Between the Department of Defense of the United States of

America (U.S. DoD) and the Ministry of National Defense of the Republic of Colombia

Concerning Exchange of Research and Development Information, dated [Month Day, Year],

(Agreement) the following Information Exchange Annex (IEA) is hereby established.

1. DESCRIPTION: (Note: Provide a description of the scope.)

a. The scope of the IEA comprises an exchange of R&D Information in the

following technology areas:

24
(1) (Note: Provide a more specific description of the IEA's scope by listing

pertinent technology areas where R&D Information is to be

exchanged.)

(2) (Note: Specifically identify any proposed exchange of Technology Base

computer software that falls within the definition of R&D

Information and that is within the technology areas listed in 1.a.)

b. Exchanges of R&D Information under this IEA shall be on a reciprocal and

balanced basis such that the R&D Information exchanged between the Parties

shall be of approximately equivalent value, in accordance with Article II

(Objective and Scope) of the Agreement.

c. All R&D Information exchanges under this IEA shall conform with the provisions

of the Agreement, including the prohibitions against exchange of weapon, sensor,

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

software documentation, exchange of Production Information, and exchange or

provision of defense articles or services contained in Article II (Objective and

Scope) of the Agreement.

d. Correspondence and requests for R&D Information shall be handled in

accordance with Article IV (Channels of Communication and Visits) and Article

IX (Security) of the Agreement.

e. This IEA provides no authority for placing contracts in accordance with Article

VI (Contractual Arrangements) of the Agreement.

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

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

consent of the furnishing Party in accordance with Article VII (Disclosure and

Use of R&D Information) of the Agreement. Unless specifically permitted under

the provisions of paragraph 4. of this IEA, R&D Information exchanged under

this IEA is to be used by the receiving Party and its Contractor Support Personnel

solely for information and evaluation purposes for its national defense.

2. ANNEX AUTHORITIES, TECHNICAL PROJECT OFFICERS, LIAISON OFFICERS,

AND ESTABLISHMENTS: (Note: Identify IEA Annex Authorities, TPOs, Liaison

Officers, and all Establishments here. Unique TPO responsibilities beyond the

provisions of the MIEA, if applicable, may also be outlined here.)

a. For the Ministry of National Defense of the Republic of Colombia:

(1) Annex Authority

25
(2) Technical Project Officer

(3) Liaison Officer(s): (when appropriate)

(a)

(4) Establishments

(a)

b. For the U.S. DoD:

(1) Annex Authority

(2) Technical Project Officer

(3) Liaison Officer(s): (when appropriate)

(a)

(4) Establishments

(a)

SECURITY AND INFORMATION CONTROL:

a. No Classified Information shall be exchanged under this IEA. (Note: Classified

Information may be provided on a case-by-case basis; thus, revise this text, as

appropriate, before concluding this IEA if Classified Information exchange is

contemplated.)

b. All R&D Information exchanges under this IEA shall conform with the security and

information control provisions of the Agreement including Article VII (Disclosure and

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

(Security), and Article X (Third Party Transfers).

c. Annual R&D Information objectives may be specified, if appropriate. These objectives

may be established through exchange of correspondence by the TPOs and, if established,

shall be revised annually by the TPOs to reflect current technology considerations.

(Note: The Annex Authorities have the option to require the mutual establishment

of Annual Information Exchange Objectives.)

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4. SPECIAL DISCLOSURE AND USE OF INFORMATION PROVISIONS:

(Note: Most IEAs will not require the addition of any special provisions in this area.

However, if the Annex Authorities desire to establish particular disclosure and use

provisions in accordance with Article VII (Disclosure and Use of R&D Information)

of the Agreement, such text should be inserted here. For example, R&D

Information may be authorized for use only in designated defense programs of the

Parties.)

5. FINANCIAL RESPONSIBILITIES:

Each Party shall be responsible for its own costs in making, managing, and administering

the R&D Information exchanges under this IEA in accordance with Article V (Financial

Arrangements) of the Agreement.

6. TERMINATION AND DURATION OF THIS IEA:

a. This IEA may be terminated at any time by the written consent of both Annex

Authorities, who shall consult at the appropriate level prior to the date of termination to

ensure termination on the most equitable terms. In the event a Party's Annex Authority

finds it necessary to terminate its participation unilaterally in this IEA, it may terminate

upon 60 days written notification to the other Party's Annex Authority. Termination of

this TEA shall be subject to the provisions of Article XIII (Amendment, Termination,

Entry into Force, and Duration) of the Agreement.

b. The termination or expiration of the Agreement shall result automatically in the

termination of this IEA.

c. This IEA shall remain in force for a period of * years from the date of the last

signature unless amended or extended by mutual written consent. Before the expiration

of this IEA, the Annex Authorities shall review the IEA and may, by mutual written

consent, extend the IEA for additional periods of up to five years.

Signed in English and Spanish by authorized representatives, each text being equally authentic.

* (Period not to exceed five years)

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FOR THE DEPARTMENT OF DEFENSE FOR THE MINISTRY OF NATIONAL

OF THE UNITED STATES OF DEFENSE OF THE REPUBLIC OF

AMERICA: COLOMBIA

Signature Signature

Name Name

Fide Title

Date Date

Location Location

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NOTE: It is noted that the title for the Article on this page differs from what is listed in the Table of Contents of this Spanish text.







NOTE: It is noted that the title for the Article on this page differs from what is listed in the Table of Contents of this Spanish text.