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DEFENSE
Research and Development
UNITED KINGDOM
Defense: Research and Development
Memorandum of understanding signed at Washington and London
July 6 and September 1, 2005;
Entered into force September 1, 2005.
With annex.
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE SECRETARY OF DEFENSE
ON BEHALF OF
THE DEPARTMENT OF DEFENSE
OF THE UNITED STATES OF AMERICA
AND
THE SECRETARY OF STATE FOR DEFENCE
OF THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND
CONCERNING
COMBATING TERRORISM
RESEARCH AND DEVELOPMENT
TABLE OF CONTENTS
INTRODUCTION
3
SECTION I
DEFINITIONS
4
SECTION II
OBJECTIVE(S)
9
SECTION III
SCOPE OF WORK
10
SECTION IV
MANAGEMENT (ORGANIZATION AND RESPONSIBILITY)
11
SECTION V
FINANCIAL PROVISIONS
14
SECTION VI
CONTRACTING PROVISIONS
16
SECTION VII
PROGRAM EQUIPMENT
18
SECTION VIII
DISCLOSURE AND USE OF PROGRAM INFORMATION
20
SECTION IX
CONTROLLED UNCLASSIFIED INFORMATION
27
SECTION X
VISITS TO ESTABLISHMENTS
29
SECTION XI
SECURITY
30
SECTION XII
THIRD PARTY SALES AND TRANSFERS
33
SECTION XIII
LIABILITY AND CLAIMS
34
SECTION XIV
CUSTOMS DUTIES, TAXES, AND SIMILAR CHARGES
35
SECTION XV
SETTLEMENT OF DISPUTES
36
SECTION XVI
GENERAL PROVISIONS
37
SECTION XVII
AMENDMENT, TERMINATION, ENTRY INTO EFFECT, AND DURATION 38
ANNEX A
SAMPLE TASK PLAN
41
INTRODUCTION
The Secretary of Defense on behalf of the Department of Defense
of the United States of America (U.S. DoD) and the Secretary of
State for Defence of the United Kingdom of Great Britain and
Northern Ireland (UK MOD), hereinafter referred to as the
"Participants":
Recognizing the Agreement Concerning Defense Cooperation
Arrangements of 27 May 1993 between the Government of the United
States of America and the Government of the United Kingdom of
Great Britain and Northern Ireland will apply to this MOU;
Having a common interest in combating terrorism research and
development;
Recognizing the Participants' successful cooperation under the
Memorandum of Understanding between the Secretary of Defense on
Behalf of the Department of Defense of the United States of
America and the Secretary of State for Defence of the United
Kingdom of Great Britain and Northern Ireland Concerning
Counterterrorism Research and Development of 18 April 1995;
Seeking to make the best use of their respective research and
development capacities, eliminate unnecessary duplication of
work, and obtain the most efficient and cost-effective results
through cooperation in combating terrorism research and
development;
Aiming to share both the costs and benefits resulting from the
efforts under this MOU; and
Desiring to improve combating terrorism capabilities through the
application of state-of-the-art and emerging technology;
Have reached the following understandings:
SECTION I
DEFINITIONS
The Participants have jointly decided upon the following
definitions for terms used in this MOU:
Classified
Information
Contract
Contracting
Contracting Agency
Cost Ceiling
Patent
Program
Program Background
Information
Program Equipment
Program Invention
Special Tooling
Task
Task Plan
SECTION II
OBJECTIVE(S)
2.1. The objectives of this Program are:
2.1.1.
2.1.2.
2.1.3.
SECTION III
SCOPE OF WORK
3.1. Activities under this MOU will include co-operation on any
aspect of research, development, test and evaluation of
prototype combating terrorism technology in the following areas:
3.1.1.
3.1.2.
3.1.3.
10
SECTION IV
MANAGEMENT (ORGANIZATION AND RESPONSIBILITY)
4.1. This Program will be directed and administered on behalf
of the Participants by an organization consisting of a Steering
Committee (SC) and National Program Managers (PMs), appointed by
the Participants. The. SC will provide policy oversight for the
Program. The National PMs will be responsible for the technical
execution of the Program. The Participants will maintain and
fund their own organizations for managing this program.
4.2. The SC will consist of one representative appointed by
each Participant. The SC will meet annually, with additional
meetings held at the request of either representative. Each
meeting of the SC will be chaired by the representative of the
Participant hosting the meeting. Decisions of the SC will be
made unanimously. In the event that the SC is unable to reach a
timely decision on an issue, each SC representative will refer
the issue to its higher authority for resolution. In the
meantime, the approved Task Plan will continue to be implemented
without interruption under the direction of the National PMs
while the issue is being resolved by higher authority.
4.3. The SC will be responsible for:
4.3.1.
4.3.2.
4.3.3.
4.3.4.
4.3.5.
4.3.6.
11
4.3.8.
4.3.9.
12
4.5.2.
4.5.3.
4.5.4.
4.5.5.
4.5.6.
4.5.7.
4.5.8.
4.5.9.
13
SECTION V
FINANCIAL PROVISIONS
5.1. The Participants estimate that the performance of the
responsibilities of the Participants under this MOU will not
cost more than a total Cost Ceiling of 250 million Then Year
(TY) U.S. dollars. The Cost Ceiling may be changed only upon
the written consent of the Participants. The U.S. dollar will
be the reference currency for the Program, and the Program
fiscal year will be the U.S. fiscal year.
5.2. Each Participant will contribute its equitable share of
the full Financial Costs and Non-financial Costs of the Program,
including overhead costs, administrative costs, and costs of
claims, and will receive an equitable share of the results of
the Program.
5.3. The full Financial Costs and Non-financial Costs of the
Program, as identified in this Section of this MOU, will be
shared according to the following percentages:
Participant
Percentage Share
U.S. DoD
50%
UK MoD
50%
The Participants recognize that each Task may not reflect the
overall 50/50 cost share for the Program. However, over the
duration of the Program, the Program will reflect the 50/50 cost
share on the basis of financial and non-financial contributions.
5.4. Participation in the Program will include both financial
and non-financial contributions to directly support Program
efforts. The financial contributions and non-financial
contributions for each Task will be specified in the Task Plan
for that Task.
5.5. Each Participant will bear the costs it incurs for
performing, managing, and administering its activities under
this MOU and all such costs will be included as part of each
Participant's contribution to the Program. These costs include
salaries, travel and per diem for its Program personnel, as well
as any Contract costs.
14
15
SECTION VI
CONTRACTING PROVISIONS
6.1. If either Participant determines that Contracting is
necessary to fulfill that Participant's responsibilities under
Section III (Scope of Work) of this MOU, that Participant will
contract in accordance with its respective national laws,
regulations and procedures, with such waivers and deviations
from its national regulations as its procedures permit and as
deemed necessary to implement this MOU. Sources from both
Participants' industries will be allowed to compete on an equal
basis for such Contracts.
6.2. When one Participant individually contracts to perform a
task under this MOU in accordance with paragraph 6.1. of this
Section, it will be solely responsible for its own Contracting,
and the other Participant will not be subject to any liability
arising from such Contracts.
6.3. Each Participant may, upon request, make use of the other
Participant's Contracting Agency in the event that Contracting
on behalf of the requesting Participant or both Participants is
required to implement this MOU. The Contracting Agency so used
will place Contracts in accordance with its respective national
laws, regulations, and procedures, with such waivers and
deviations from its national regulations as its procedures
permit and as deemed necessary to implement this MOU. Sources
from both Participants' industries will be allowed to compete on
an equal basis for such Contracts. The Contracting Participant's
Contracting Officer will be the exclusive source for providing
contractual directions and instructions to the Contractors.
6.4. For all Contracting activities performed by either
Participant, the National PMs will, upon request, be provided a
copy of all Contracts at least 10 working days prior to Contract
award to ensure that that they are consistent with the
provisions of this MOU.
6.5. Each Participant's Contracting Agency will negotiate to
obtain the rights to use and disclose Program Information
required by Section VIII (Disclosure and Use of Program
Information). Each Participant's Contracting Agency will insert
into its prospective Contracts (and require its subcontractors
to insert in subcontracts) suitable provisions to satisfy the
requirements of this MOU, including Section VIII (Disclosure and
Use of Program Information), Section IX (Controlled Unclassified
16
17
SECTION VII
PROGRAM EQUIPMENT
7.1. Each Participant may provide Program Equipment identified
as being necessary for executing the MOU to the other
Participant. Program Equipment will remain the property of the
providing Participant. A list of all Program Equipment provided
by one Participant to another Participant will be developed and
maintained by the National PMs, approved by the SC, and
incorporated into the Task Plans in accordance with Annex A
(Sample Task Plan).
7.2 The providing Participant will furnish the receiving
Participant such operation and maintenance information as is
necessary to enable use of the Program Equipment.
7.3 The receiving Participant will inspect and record the
condition of the Program Equipment upon receipt. The receiving
Participant will also inspect and record the condition of the
Program Equipment prior to its return (unless the Program
Equipment is to be expended or consumed).
7.4. The receiving Participant will maintain any such Program
Equipment in good order, repair, and operable condition. Unless
the providing Participant has authorized the Program Equipment
to be expended or otherwise consumed without reimbursement to
the providing Participant, the receiving Participant will return
the Program Equipment to the providing Participant in as good a
condition as received, normal wear and tear excepted, or return
the Program Equipment and pay the cost to restore it. If the
Program Equipment is damaged beyond economical repair, the
receiving Participant will return the Program Equipment to the
providing Participant (unless otherwise specified in writing by
the providing Participant) and pay the replacement value, which
will be computed pursuant to the providing Participant's
national laws and regulations. If the Program Equipment is lost
while in the custody of the receiving Participant, the receiving
Participant will issue a certificate of loss to the providing
Participant and pay the replacement value. If known at the time
of development of the Task Plan, the replacement value of the
Program Equipment will be specified in the Task Plan.
7.5. The providing Participant will deliver, at its expense,
Program Equipment to the receiving Participant at a mutually
determined location. Possession of the Program Equipment will
pass from the providing Participant to the receiving Participant
18
19
SECTION VIII
DISCLOSURE AND USE OF PROGRAM INFORMATION
8.1. General
8.1.1. Both Participants recognize that successful
collaboration depends on full and prompt exchange
of information necessary for carrying out this
Program. The Participants intend to acquire
sufficient Program Information and rights to use
such information to enable the development of
technology and prototype equipment. The nature
and amount of Program Information to be acquired
will be consistent with the objectives stated in
Section II (Objectives) and Section III (Scope of
Work). Transfer of such Information to
Contractors will be consistent with each
Participant's export control laws and regulations.
8.2. Government Program Foreground Information
8.2.1.
8.2.2.
8.3.1.1.
20
8.3.1.3.
8.3.1.4.
21
8.5.1.1.
8.5.1.2.
22
8.5.1.3
8.5.1.4
23
8.8. Patents
8.8.1.
24
8.8.2.
8.8.3.
8.8.4.
8.8.5.
8.8.6.
25
8.8.8.
26
SECTION IX
CONTROLLED UNCLASSIFIED INFORMATION
9.1. Except as otherwise provided in this MOU or as authorized
in writing by the originating Participant, Controlled
Unclassified Information provided or generated pursuant to this
MOU will be controlled as follows:
9.1.1.
27
28
SECTION X
VISITS TO ESTABLISHMENTS
10.1. Each Participant will permit visits to its government
establishments, agencies and laboratories, and Contractor
industrial facilities by employees of the other Participant or
by employees of the other Participant's Contractor(s), provided
that the visit is authorized by both Participants and the
employees have any necessary and appropriate security clearances
and a need-to-know.
10.2. All visiting personnel will be required to comply with
security regulations of the hosting Participant. Any
information disclosed or made available to visitors will be
treated as if supplied to the Participant sponsoring the
visiting personnel, and will be subject to the provisions of
this MOU.
10.3. Requests for visits by personnel of one Participant to a
facility of the other Participant will be coordinated through
official channels, and will conform with the established visit
procedures of the host country. Requests for visits will bear
the name of the Program.
.
29
SECTION XI
SECURITY
11.1. All Classified Information provided or generated pursuant
to this MOU will be stored, handled, transmitted, and
safeguarded in accordance with the U.S./UK General Security
Agreement dated 14 April 1961, as amended, and including the
Security Implementing Arrangement dated 27 January 2003 thereto.
11.2. Classified Information will be transferred only through
official government-to-government channels or through channels
approved by the Designated Security Authorities (DSAs) of the
Participants. Such Classified Information will bear the level
of classification, denote the country of origin, the provisions
of release, and the fact that the information relates to this
MOU.
11.3. Each Participant will take all lawful steps available to
it to ensure that Classified Information provided or generated
pursuant to this MOU is protected from further disclosure,
except as permitted by paragraph 11.8., unless the other
Participant consents to such disclosure. Accordingly, each
Participant will ensure that:
11.3.1. The recipient will not release the Classified
Information to any government, national,
organization, or other entity of a Third Party
except as permitted under the procedures set
forth in Section XII (Third Party Sales and
Transfers).
30
32
SECTION XII
THIRD PARTY SALES AND TRANSFERS
12.1. The Participants will not sell, transfer title to,
disclose, or transfer possession of Program Foreground
Information, jointly acquired Program Equipment, or any item
produced either wholly or in part from Program Foreground
Information to any Third Party without the prior written consent
of the Government of the other Participant. Furthermore,
neither Participant will permit any such sale, disclosure, or
transfer, including by the owner of the item, without the prior
written consent of the Government of the other Participant.
Such consent will not be given unless the Government of the
intended recipient consents in writing with the Participants
that it will:
12.1.1. Not retransfer, or permit the further retransfer
of, any equipment or information provided; and
12.1.2. Use, or permit the use of, the equipment or
information provided only for the purposes
specified by the Participants.
12.2. A Participant will not sell, transfer title to, disclose,
or transfer possession of Program Equipment or Program
Background Information provided by the other Participant to any
Third Party without the prior written consent of the Government
of the Participant which provided such equipment or information.
The providing Participant's Government will be solely
responsible for authorizing such transfers and, as applicable,
specifying the method and provisions for implementing such
transfers.
33
SECTION XIII
LIABILITY AND CLAIMS
13.1. Claims arising under this MOU will be dealt with under
paragraph 1 of the Agreement Concerning Defence Cooperation
Arrangements of 27 May 1993. The cost of claims addressed in
paragraph 1.(b)(ii) of that Agreement will be shared in the same
ratio for cost sharing as established in paragraph 5.3. of
Section V (Financial Provisions).
34
SECTION XIV
CUSTOMS DUTIES, TAXES, AND SIMILAR CHARGES
14.1. Customs duties, import and export taxes, and similar
charges will be administered in accordance with each
Participant's respective laws and regulations (including, as to
the UK MOD, European Community laws, where appropriate).
Insofar as existing national laws and regulations permit, the
Participants will endeavor to ensure that such readily
identifiable duties, 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 Participant will use its best efforts to ensure that
customs duties, import and export taxes, and similar charges are
administered in a manner favorable to the efficient and
economical conduct of the work. If any such duties, taxes, or
similar charges are levied, the Participant in whose country
they are levied will bear such costs.
35
SECTION XV
SETTLEMENT OF DISPUTES
15.1. Disputes between the Participants arising under or
relating to this MOU will be resolved only by consultation
between the Participants and will not be referred to a national
court, an international tribunal, or to any other person or
entity for settlement.
36
SECTION XVI
GENERAL PROVISIONS
16.1. All activities of the Participants under this MOU will be
carried out in accordance with their national laws and
regulations, including their export control laws and
regulations. The responsibilities of the Participants will be
subject to the availability of funds for such purposes.
16.2. No requirement will be imposed by either Participant for
work sharing or other industrial or commercial compensation in
connection with this MOU that is not in accordance with this
MOU.
37
SECTION XVII
AMENDMENT, TERMINATION, ENTRY INTO EFFECT, AND DURATION
17.1. Except as otherwise provided, this MOU may be amended by
the mutual written consent of the Participants. Annex A (Sample
Task Plan) of this MOU may be amended by the written approval of
the SC.
17.2. This MOU may be terminated at any time upon the written
38
39
Signature
Signature
THOMAS W. O'CONNELL
Name
Name
1A6V113/4i0
I Ittcrn
Title
Title
6 JULY 2005
Date
Date
WASHINGTON, D.C.
Location
Location
40
Li 0/
ANNEX A
SAMPLE TASK PLAN
TASK PLAN ###
UNDER
THE UNITED STATES/UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN
IRELAND MEMORANDUM OF UNDERSTANDING (MOU)
CONCERNING COMBATING TERRORISM RESEARCH AND DEVELOPMENT
SIGNED
BETWEEN
THE SECRETARY OF DEFENSE
ON BEHALF OF
THE DEPARTMENT OF DEFENSE
OF THE UNITED STATES OF AMERICA
AND
THE SECRETARY OF STATE FOR DEFENCE OF THE UNITED KINGDOM OF
GREAT BRITAIN AND NORTHERN IRELAND
CONCERNING
(FULL DESIGNATION OF THE TASK)
41
TABLE OF CONTENTS
INTRODUCTION
DEFINITION OF TERMS AND ABBREVIATIONS
OBJECTIVES
CLASSIFICATION
STATEMENT OF WORK
SHARING OF WORK
FINANCIAL PROVISIONS
MANAGEMENT
DISPOSITION OF DELIVERIES
SPECIAL ARRANGEMENTS
42
INTRODUCTION
in
This Task Plan ### governs the Task entitled
accordance with the Combating Terrorism Research and Development
(CTRD) MOU between the Secretary of Defense on behalf of the
Department of Defense of the United States of America and the
Secretary of State for Defence of the United Kingdom of Great
Britain and Northern Ireland.
(Describe the Task requirements.)
DEFINITION. OF TERMS AND ABBREVIATIONS
(Define only those terms used in this Task Plan that are not
defined in the CTRD MOU.)
TERM
DEFINITION/ABBREVIATION
OBJECTIVES
The objectives of the Task entitled
are:
1.
2.
CLASSIFICATION
The highest level of Classified Information that may be
exchanged under this Task Plan is:
STATEMENT OF WORK
(Describe how the Participants will attain their objectives.)
SHARING OF WORK
The allocation of the work is as follows:
The U.S. DoD will:
43
Due Date
Budget ($USD K)
Name
Organization
44
Address
Telephone
Facsimile
E-mail
United Kingdom:
Name
Organization
Address
Telephone
Facsimile
E-mail
PRINCIPAL ORGANIZATIONS INVOLVED
United States:
United Kingdom:
45
46
Proposed by:
Task Manager for the U.S. DoD:
Signature
Signature
Name
Name
Title
Title
Date
Date
Location
Location
Endorsed by:
The National Program Manager
for the U.S. DoD:
Signature
Signature
Name
Name
Title
Title
Date
Date
Location
Location
47
Approved by:
The SC Representative for the
U.S. DoD:
Signature
Signature
Name
Name
Title
Title
Date
Date
Location
Location
48