TREATIES AND OTHER INTERNATIONAL ACTS SERIES 08-526 

________________________________________________________________________ 

DEFENSE 

Information Exchange 

 Memorandum of Understanding 

Between the 

UNITED STATES OF AMERICA 

and GERMANY 

Signed at Washington and Berlin 

May 16 and 26, 2008 

 
 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.” 
 GERMANY 

 Defense: Information Exchange 

 Memorandum of understanding signed 

 at Washington and Berlin 

 May 16 and 26, 2008; 

 Entered into force May 26, 2008. 
MEMORANDUM OF UNDERSTANDING

BETWEEN

THE DEPARTMENT OF DEFENSE

OF THE UNITED STATES OF AMERICA

AND

THE FEDERAL MINISTRY OF DEFENSE

OF THE FEDERAL REPUBLIC OF GERMANY

CONCERNING

COOPERATION ON

INFORMATION ASSURANCE (IA) AND COMPUTER NETWORK DEFENSE (CND)

(Short Title: U.S. - Germany Lk/CND MOU)

THIS DOCUMENT IS CERTIFIED TO BE A TRUE COPY

CERTIFIED BY: Mr. Mark Hall, Office of the Assistant Secretary of Defense (Networks and

Information Integration), Director, Information Assurance Policy and Strategy, GS-15
TABLE OF CONTENTS

PREAMBLE 3

ARTICLE I 4

DEFINITION OF TERMS 4

ARTICLE II 6

OBJECTIVE AND SCOPE 6

ARTICLE III 7

MANAGEMENT 7

ARTICLE IV 11

CHANNELS OF COMMUNICATION AND VISITS 11

ARTICLE V 12

FINANCIAL ARRANGEMENTS 12

ARTICLE VI 13

CONTRACTUAL ARRANGEMENTS 13

ARTICLE VII 14

DISCLOSURE AND USE OF IA/CND INFORMATION 14

ARTICLE VIII 16

CONTROLLED UNCLASSIFIED INFORMATION 16

ARTICLE IX 17

SECURITY 17

ARTICLE X 19

THIRD PARTY TRANSFERS 19

ARTICLE XI 20

SETTLEMENT OF DISPUTES 20

ARTICLE XII 21

GENERAL PROVISIONS 21

ARTICLE XIII 22

ENTRY INTO FORCE, AMENDMENT, TERMINATION, AND DURATION 222

2

NOTE: Article XIII for "Entry Into Force, Amendment, Termination, and Duration" appears on page 22 of this Memorandum of Understanding.
PREAMBLE

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

of Defense of the Federal Republic of Germany (MOD), hereinafter referred to as the "Parties":

On the basis of the Memorandum of Understanding (MOU) between the Parties to the North

Atlantic Treaty Organization regarding the Status of their Forces, dated June 19, 1951

(hereinafter referred to as "NATO SOFA");

Recognizing the General Security Agreement between the Governments of the United States of

America and the Federal Republic of Germany, which entered into force on December 23, 1960,

as amended (Security MOU) applies to this MOU;

Recognizing the Operating Procedures for Implementation of the General Security Agreement,

dated December 23, 1960, between the Governments of the Federal Republic of Germany and

the United States of America, with Particular Reference to Industrial Security, dated March 10,

1970, as amended September 16, 1991;

Recognizing Appendix G to the Operating Procedures for Implementation of the General

Security Agreement, dated December 23, 1960, between the Governments of the Federal

Republic of Germany and the United States of America, with Particular reference to a Reciprocal

Industrial Security Agreement, which entered into effect September 11, 1980, and amended

March 24, 1982;

Recognizing the Agreement between the Government of the United States of America and the

Government of the Federal Republic of Germany to Facilitate Interchange of Patent Rights and

Technical Information for Defense Purposes, which entered into force on January 4, 1956, and

was operative retroactively from December 27, 1955; and

Recognizing the Agreement regarding Procedures for the Reciprocal Filing of Classified Patent

Applications in the United States and the Federal Republic of Germany, which entered into force

on May 26, 1959, as amended May 28, 1964, applies to this Agreement.

Having a common interest in defense;

Recognizing the benefits to be obtained from the mutual support in coordinating information

assurance and computer network defense matters;

Desiring to improve their conventional defense capabilities through the exchange of Information

Assurance/Computer Network Defense Information (IA/CND Information) and in the planning

and execution of combined military operations; and

Recognizing the benefits to the Parties of cooperation in the mutual exchange of information

related to cyber defense;

Have agreed as follows:

3
ARTICLE I

DEFINITION OF TERMS

1.1. The Parties have jointly decided upon the following definitions for terms used in this

MOU:

Authorities

Classified Information

Competent Authority

Computer Network

Defense (CND)

Contractor Support

Personnel

Government officials listed in this MOU who are authorized to act

on behalf of the Parties in matters pertinent to the implementation

of this MOU.

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

technology.

An authority identified by the National Security Authority (NSA) of

a Party that is authorized to carry our personnel security clearances

in order to give their nationals access to Classified Information

and/or is responsible for the protection of Classified Information

and who will be communicated to the other Party for the purposes

of this MOU whenever necessary.

Actions taken to protect, monitor, analyze, detect, and respond to

unauthorized activity within information systems and computer

networks. The unauthorized activity may include disruption, denial,

degradation, destruction, exploitation, or access to computer

networks, information systems, or their contents, or theft of

information. CND protection activity employs IA protection

activity. CND response includes alert or threat information,

monitoring, analysis, detection activities, and trend and pattern

analysis.

Persons specifically identified as providing administrative,

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

a support contract.

Controlled Unclassified

Information

Designated Security

Authority

Unclassified information to which access or distribution limitations

have been applied in accordance with applicable national laws or

regulations. It includes information that has been declassified but

remains controlled.

The security authority designated by national authorities to be

responsible for the coordination and implementation of national

industrial security aspects of this MOU.

4
Establishments

Executive Agents

Information

Assurance/Computer

Network Defense

Information (IA/CND

Information)

Information Assurance

(IA)

Intellectual Property

Government organizations listed in this MOU that provide, or have

an interest in, the information to be exchanged through the Project

Officers or Executive Agents.

Government organizations listed in this MOU that are authorized to

act on behalf of the Authorities and that have responsibility for

implementation, management, and data or information exchange

procedures pertinent to this MOU.

Any IA or CND 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 subject to copyright, patents, or other legal protection.

Confidentiality, integrity, availability, authentication, and nonrepudiation of information systems or information being handled by

the information systems including actions to protect and defend

these systems.

In accordance with the. World Trade Organization Agreement on

Trade-related Aspects of Intellectual Property Rights of April

15,1994, all copyright and related rights, all rights in relation to

inventions (including patent rights), all rights in registered and

unregistered trademarks (including service marks), registered and

unregistered designs, undisclosed information (including trade

secrets and know-how), layout designs of integrated circuits, and

geographical indications, and any other rights resulting from

creative activity in the industrial, scientific, literary, and artistic

fields.

Party

Project Officers

Response

Standard Operating

Procedure (SOP)

Third Party

A signatory to this MOU represented by its military or civilian

personnel. Contractors and Contractor Support Personnel shall not

be representatives of a Party under this MOU.

Representatives of Government organizations who are specifically

authorized by Authorities to maintain policy oversight of IA and

CND activities.

All actions taken to handle incidents reported by or affecting

members of the Parties.

Procedure to share IA/CND Information.

A government or entity other than the Governments of the Parties

and any person or other entity whose government is not the

Government of a Party.

5
ARTICLE II

OBJECTIVE AND SCOPE

2.1. The objective of this MOU is to conduct information exchanges and related activities

between the MOD and the U.S. DoD, including U.S. European Command (USEUCOM), in

matters of IA and CND. The Parties shall conduct bilateral IA and CND activities and IA/CND

Information sharing to contribute to both Parties' common goals of protecting information

networks. Actions carried out within the scope of this MOU shall result in enhanced defensive

capabilities to:

2.1.1. improve the confidentiality, integrity, and availability of the information and the

information systems used to transmit and process information for decision-makers;

2.1.2. enhance the interoperability of U.S. and German Federal Armed Forces;

2.1.3. improve cyber attack prediction, detection, and response capabilities;

2.1.4. improve interoperability, policy development, configuration management, and

standardization of information and information systems to provide for more robust and reliable

command and control systems;

2.2. The scope of this MOU shall include:

2.2.1. developing a Standard Operating Procedure (SOP); and

2.2.2. identifying technical solutions or administrative documentation required for the

continuous exchange of IA/CND Information.

2.3. Exchanges of information under this MOU shall be on a reciprocal, balanced basis, such

that the information provided or exchanged between the Parties, or through the designated

Project Officers and Executive Agents, shall be of approximately equivalent value, quantitatively

and qualitatively.

2.4. No defense personnel, equipment, or services may be exchanged or provided under this

MOU.

6
ARTICLE III

MANAGEMENT

3.1. The Parties hereby establish the following Authorities for this MOU, or their equivalents in

the event of reorganization:

United States: Assistant Secretary of Defense (ASD), Networks and

Information Integration (NII)

Germany: Information Technology – Director Modernization Directorate II

3.2. The Authorities shall be responsible for:

3.2.1. reviewing, and recommending for approval to the Parties, amendments to this MOU

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

this MOU;

3.2.2. exercising executive-level oversight of efforts provided in this MOU;

3.2.3. resolving issues brought forth by the Project Officers;

3.2.4. designating the Project Officers and updating the list of Establishments; and

3.2.4. employing best efforts to resolve, in consultation with the export control

authorities of the Parties, any export control issues raised by the Project Officers in

accordance with subparagraph 3.4.8. or raised by a Party's Authority in accordance with

paragraph 3.12. of this Article.

3.3. The following Project Officers for this MOU are responsible for the management of this

MOU, and shall represent the Authorities.

United States: Director, Information Assurance Policy and Strategy, Office

of the Assistant Secretary of Defense (OASD), Networks and

Information Integration (NII)

Germany: Branch Chief Modernization Directorate II / IT 3

3.4. Project Officers for this MOU shall be responsible for:

3.4.1. exercising policy oversight of activities under this MOU;

3.4.2. resolving issues brought forth by Executive Agents;

7

NOTE: It is noted that the number 3.2.4 is duplicated on this page.
3.4.3. referring to the Authorities issues that cannot be mutually resolved by the Project

Officers;

3.4.4. recommending to the Authorities the amendment or termination of this MOU;

3.4.5. establishing and maintaining annual objectives for this MOU, as appropriate;

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

X (Third Party Transfers) of this MOU;

3.4.7. providing oversight to the U.S. - Germany Information Assurance Working Group

(IAWG) described in paragraph 3.7. of this Article; and

3.4.8. Monitoring export control arrangements required to implement this MOU and,

if applicable, referring immediately to the Authorities any export control issues that could

adversely affect the implementation of this MOU.

3.5. The Executive Agents for this MOU, who shall act as the designated functional points of

contact, and have responsibility for implementation of the MOU and data/information exchange

procedures, are:

United States: U.S. European Command (USEUCOM)

Germany: Federal Office of the Bundeswehr for Information

Management and Information Technology (IT-AmtBw)

3.6. The Executive Agents shall:

3.6.1. exercise day-to-day management of MOU implementation activities and

information exchanges;

3.6.2. maintain oversight of the security aspects of this MOU in accordance with Article

VII (Disclosure and Use of IA/CND Information), Article VILE (Controlled Unclassified

Information), and Article IX (Security) of this MOU; and

3.6.3. establish and co-chair the Information Assurance Working Group (IAWG)

described in paragraph 3.7. of this Article.

3.7. The Authorities, with the Project Officers, shall establish a working group consisting of

appropriate representatives to develop and maintain SOPs. The working group is designated as

the U.S. - Germany Information Assurance Working Group (U.S. - Germany IAWG). The IAWG

shall maintain overall control for IA/CND activities within the scope of this MOU.

8
3.8. The U.S. - Germany IAWG shall, at a minimum, meet annually and as required to

administer and coordinate IA and CND activities. The U.S. - Germany IAWG shall determine

the frequency and nature of the IA/CND Information exchanges, and shall establish procedures

for rapid exchanges of CND-related information during periods of crisis or hostilities.

3.9. The U.S. - Germany IAWG shall be responsible for:

3.9.1. providing required information to the Project Officers, as requested by the Parties;

3.9.2. reviewing and providing progress reports to the Parties of activities under this

MOU;

3.9.3. resolving bilateral IA and CND issues or forwarding to the Project Officers issues

that cannot be resolved at their level;

3.9.4. reviewing and forwarding to the Parties recommended amendments to this MOU

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

this MOU;

3.9.5. maintaining oversight of the security aspects of this MOU; and

3.9.6. developing and maintaining the SOP for information exchanges.

3.10. The Establishments for this MOU are:

United States: 

Germany:

1. U.S. European Command (USEUCOM)

2. U.S. Strategic Command (USSTRATCOM)

and Joint Task Force-Global Network

Operation (JTF-GNO)

3. Defense Information Systems Agency (DISA)

4. Defense-wide Information Assurance Program

(DIAP)

1. Federal Ministry of Defence (BMVg)

2. Federal Office of the Bundeswehr for

Information Management and Information

Technology (IT-AmtBw)

3. Bundeswehr Centre for Information

Technology (IT-ZentrumBw)

3.11. The Establishments may:

3.11.1. provide or receive IA/CND Information to be exchanged through Project Officers

or Executive Agents; and

9
3.11.2. receive IA/CND Information directly from the originating Party with its consent.

3.12. If a Party finds it necessary to exercise a restriction on the retransfer of export-controlled

information as set out in paragraph 7.10. of Article VII (Disclosure and Use of Project

Information) of this MOU, it shall promptly inform the other Party. If a restriction is then

exercised and an affected Party objects, that Party's Authority shall promptly notify the other

Party's Authority and they shall immediately consult in order to discuss ways to resolve such

issues or mitigate any adverse effects.

10
ARTICLE IV

CHANNELS OF COMMUNICATION AND VISITS

4.1. IA/CND Information may only be exchanged by those Project Officers, Executive

Agents, and U.S. or Germany individuals who are authorized to do so, and are either appointed

members of the U.S. - Germany IAWG or are authorized representatives of Establishments.

IA/CND Information exchanged between the Parties shall be forwarded via Government-toGovernment channels for appropriate dissemination.

4.2. Each Party shall permit visits to its Government facilities, agencies and laboratories, and

contractor industrial facilities by employees or Contractor Support Personnel of the other Party

provided that the visit is authorized by both Parties and the employees have all necessary and

appropriate security clearances and need-to-know.

4.3. All visiting personnel shall be required to comply with security regulations and

procedures of the host 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.

4.4. 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 host Party. Requests for visits shall bear the name of this MOU and include a proposed list of

topics to be discussed.

4.5. 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 visit

procedures.

11
ARTICLE V

FINANCIAL ARRANGEMENTS

5.1. Each Party shall bear the full costs of its participation under this MOU. 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 responsibilities under this MOU.

12
ARTICLE VI

CONTRACTUAL ARRANGEMENTS.

6.1.

This MOU provides no authority for placing contracts on behalf of the other Party in

connection with any IA/CND Information exchanges under this MOU. Furthermore, this MOU

creates no responsibility to put in place contracts to implement any IA/CND Information

exchanges under this MOU.

6.2.

Each Party shall legally bind its contractors to a requirement that the contractor shall

not retransfer or otherwise use export-controlled information furnished by the other Party for

any purpose other than the purposes authorized under this MOU. The contractor shall also be

legally bound not to 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 another Party to its

contractors if the legal arrangements required by this paragraph have been established.

13
ARTICLE VII

DISCLOSURE AND USE OF IA/CND INFORMATION

7.1. Only information related to IA and CND shall be provided or exchanged under this

MOU.

7.2. Relevant information within the scope of this MOU may be provided or exchanged

bilaterally between the Parties according to the disclosure policies of the originating Party.

7.3. Information shall be provided or exchanged only when it may be done in accordance with

the following provisions:

7.3.1. Information may be made available only if the rights of holders of Intellectual

Property rights are not infringed; and

7.3.2. Disclosure must be consistent with the respective national laws, regulations, and

policies of the originating Party.

7.4. All IA/CND information that is subject 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.

7.5. Information that is exchanged under this MOU shall be disclosed to Third Parties by the

receiving Party only in accordance with Article X (Third Party Transfers) of this MOU.

7.6. This MOU does not alter the Parties' policies or procedures regarding the exchanges of

intelligence or intelligence-related information, nor does it provide authority for exchanges of

intelligence information beyond that of existing Government instructions and notices governing

exchange of intelligence information.

7.7. IA/CND Information provided by the Parties under this MOU may be used by the other

Party solely for information, evaluation, and planning purposes consistent with Article II

(Objective and Scope) of this MOU. 1A/CND 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, specifying the authorized use of the IA/CND Information.

The receiving Party shall not disclose IA/CND Information exchanged under this MOU to

contractors or any other persons, other than its Contractor Support Personnel, without the specific

written consent of the furnishing Party. IA/CND Information that is exchanged under this MOU

shall only be disclosed to Third Parties by the receiving Party in accordance with Article X

(Third Party Transfers) of this MOU.

7.8. The receiving Party shall ensure that Contract Support Personnel, contractors, or any

other persons to whom it discloses IA/CND Information received under this MOU are placed

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

14
7.9. No transfer of ownership of IA/CND Information shall take place under this MOU.

IA/CND Information shall remain the property of the originating Party or its contractors.

7.10. Transfer of IC/CND Information shall be consistent with the furnishing Party's

applicable export control laws and regulations. Unless otherwise restricted by duly

authorized officials of the furnishing Party at the time of transfer to another Party, all exportcontrolled information furnished by that Party to another Party may be retransferred to the

other Party's Contractor Support Personnel subject to the requirements of paragraph 6.2. of

Article VI (Contractual Arrangements) of this MOU. Export-controlled information may be

furnished by Contractor Support Personnel of one Party to the Contractor Support Personnel

other 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 furnishing the information in

accordance with its applicable export control laws and regulations.

7.11. Each Party shall notify the other Party of any Intellectual Property infringement claims

made in its territory as a result of the exchange of information pursuant to this MOU. Insofar as

possible, the other Party shall provide information available to it that may assist in defending the

claim. Each Party shall be responsible for handling all Intellectual Property infringement claims

made in its territory, and shall consult with the other Party during the handling, and prior to any

settlement, of such claims.

7.12. No export-controlled information shall be provided or exchanged by either Party, except

as otherwise provided in this MOU.

15
ARTICLE VIII

CONTROLLED UNCLASSIFIED INFORMATION

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

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

controlled as follows:

8.1.1. Such information shall be used only for the purposes specified in Article VII

(Disclosure and Use of IA/CND Information) of this MOU;

8.1.2. Access to 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 MOU; and

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

available to it to keep Controlled Unclassified Information free from further disclosure (including

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

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

disclosure, or if it becomes probable that the information may have to be further disclosed under

any legislative provision, immediate notification shall be given to the originating Party.

8.2. To assist in providing the appropriate controls, the originating 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.

8.3. Prior to authorizing the release of Controlled Unclassified Information to contractors, the

Parties shall ensure the contractors are legally bound to control Controlled Unclassified

Information in accordance with the provisions of this Article.

16
ARTICLE IX

SECURITY

9.1. All Classified Information provided pursuant to this MOU shall be marked, used, stored,

handled, transmitted, and safeguarded in accordance with the Security MOU and procedures as

referred to in the Preamble, the provisions of this MOU, and with the Parties' national security

laws and regulations.

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

the Parties. Such Classified Information shall bear the level of classification, denote the country

of origin and the provisions of release, and the fact that the Classified Information relates to this

MOU.

9.3. Each Party shall take all appropriate lawful steps available to it to ensure that Classified

Information provided or generated pursuant to this MOU is protected from further disclosure

except as provided by paragraph 9.6. of this Article, unless the other Party consents to such

disclosure. Accordingly, each Party shall ensure that:

9.3.1. The recipient Party shall not release the Classified Information to any 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 MOU.

9.3.2. The recipient Party shall not use the Classified Information for other than the

purposes provided for in this MOU.

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

Classified Information that is provided under this MOU.

9.4. Each Party shall undertake to maintain the security classifications assigned to Classified

Information by the originating Party and shall afford to such Classified Information the same

degree of security protection provided by the originating Party.

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

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

Classified Information.

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

suspecting that Classified Information provided pursuant to this MOU has been lost or disclosed

to unauthorized persons. Each Party shall also promptly and fully inform the other Party of the

details of any such occurrence, the final results of the investigation, and corrective action taken

to preclude recurrence.

17
9.7. For any facility wherein Classified Information is to be used, the responsible Party or

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

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

MOU. These officials shall be responsible for limiting access to Classified Information involved

in this MOU to those persons who have been properly approved for access and have a need-toknow.

9.8 Information 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.

18
ARTICLE X

THIRD PARTY TRANSFERS

10.1. The Parties shall not sell, transfer title to, disclose, or transfer possession of IA/CND

Information received under this MOU to any Third Party without the prior written consent of the

Government of the Party that provided that IA/CND Information under this MOU. Furthermore,

neither Party shall permit any such sale, disclosure, or transfer, including by the owner of the

IA/CND Information, without the prior written consent of the Government of the other Party.

Such consent shall not be given unless the Government of the intended recipient confirms in

writing to the other Party that it shall:

10.1.1. Not retransfer, or permit the further retransfer of IA/CND Information provided.

10.1.2. Use, or permit the use of, the equipment or IA/CND Information provided only

for the purposes specified by the Parties.

10.2. The providing Party's Government shall be solely responsible for authorizing such

transfers and approving the purpose of such transfers and, as applicable, specifying the method

and provisions for implementing such transfers.

19
ARTICLE XI

SETTLEMENT OF DISPUTES

11.1. 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, to an

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

GENERAL PROVISIONS

12.1. The activities carried out under this MOU shall be carried out in accordance with the

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

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

purposes.

12.2. This MOU does not replace, amend, or terminate any existing bilateral information

exchanges or cooperative programs. Any existing Agreements, Memoranda of Understanding,

and Arrangements between the Parties of the Competent Authorities on the protection of

Classified Information shall be unaffected by the present MOU.

12.3. The Parties have mutually determined that this MOU creates legally binding obligations

under international law.

21
ARTICLE XIII

ENTRY INTO FORCE, AMENDMENT, TERMINATION, AND DURATION

13.1. This MOU, which consists of a Preamble and thirteen Articles, shall enter into force upon

signature by both Parties and shall remain in force for fifteen (15) years. The Parties shall

consult no later than one year prior to the expiration of this MOU to decide whether to extend its

duration.

13.2. This MOU may be amended or extended upon the mutual written agreement of the

Parties, which shall be signed by both Parties' Project Officers with the consent of both Parties'

Authorities in accordance with subparagraph 3.2.1. of Article III (Management) of this MOU.

13.3. This MOU may be terminated at any time upon the written agreement of the Parties. In

the event both Parties agree to terminate this MOU, the Parties shall consult prior to the date of

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

13.4. Either Party may terminate this MOU upon 90 days written notification of its intent to

terminate to the other Party. Such notification shall be the subject of immediate consultation by

the IAWG to decide upon the appropriate course of action to conclude the activities under this

MOU. In the event of such termination, the terminating Party shall continue participation,

financial or otherwise, up to this effective date of termination.

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

and Use of IA/CND Information), Article VIII (Controlled Unclassified Information), Article IX

(Security), and Article X (Third Party Transfers) of this MOU shall continue notwithstanding

termination or expiration of this MOU.

22
_erdwo 4--,4-44s

Name

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

concerning Cooperation on Information Assurance (IA) and Computer Network Defense (CND).

DONE, in two originals, in the English language.

For the Department of Defense of the United

States of America

Assistant Secretary of Defense, Networks and

Information Integration

Title

/4 141

Date

For the Federal Ministry of Defence of the

Federal Republic of Germany

ejt

Li C ef

IT-Director Modernization Directorate II

Title

6 Pt.,' 2 o (3

Date

Signature

Ce.y4A-,

Name

J

Location Location

23