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12934 Multilateral - Agreement for the High Speed Anti-Radiation Missile (HARM) AGM-88 Upgrade


   
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TREATIES AND OTHER INTERNATIONAL ACTS SERIES 12934

 

 

DEFENSE

Missiles

 

 



Agreement Between the
UNITED STATES OF AMERICA
and OTHER GOVERNMENTS
Signed at Washington, Bonn and Rome
October 14, 1997, February 5 and March 7, 1998

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.”

 

 

 

 

 

 

 

 

 

 

 

 



MULTILATERAL

Defense: Missiles


Agreement signed at Washington, Bonn and Rome
October 14, 1997, February 5 and March 7, 1998;
Entered into force March 7, 1998.
With annexes.

AGREEMENT
AMONG THE
FEDERAL MINISTRY OF DEFENSE OF THE FEDERAL REPUBLIC
OF GERMANY
AND THE
MINISTRY OF DEFENSE OF THE REPUBLIC
OF ITALY
AND THE
DEPARTMENT OF DEFENSE
OF THE UNITED STATES OF AMERICA
FOR THE
HIGH SPEED ANTI-RADIATION MISSILE (HARM) AGM-88 UPGRADE
HARM Upgrade MOA
TABLE OF CONTENTS
PREAMBLE 1
ARTICLE I
DEFINITIONS 2
ARTICLE II
OBJECTIVES 7
ARTICLE III
SCOPE OF WORK 8
ARTICLE IV
MANAGEMENT (ORGANIZATION AND RESPONSIBILITY) . . 9
ARTICLE V
FINANCIAL AND NON-FINANCIAL PROVISIONS 13
ARTICLE VI
CONTRACTING 16
ARTICLE VII
WORK SHARING 18
ARTICLE VIII
PROJECT EQUIPMENT 19
ARTICLE IX
DISCLOSURE AND USE OF PROJECT INFORMATION 21
ARTICLE X
CONTROLLED UNCLASSIFIED INFORMATION 26
ARTICLE XI
VISITS TO ESTABLISHMENTS 28
ARTICLE XII
SECURITY 29
ARTICLE XIII
THIRD PARTY SALES AND TRANSFERS 32
ARTICLE XIV
CLAIMS AND LIABILITY 34
ARTICLE XV
PARTICIPATION OF ADDITIONAL NATIONS 36
ARTICLE XVI
CUSTOMS DUTIES, TAXES, AND SIMILAR CHARGES 37
ARTICLE XVII
SETTLEMENT OF DISPUTES 38
ARTICLE XVIII
LANGUAGE 39
ARTICLE XIX
AMENDMENT, WITHDRAWAL, TERMINATION,
ENTRY INTO FORCE, AND DURATION 40
ANNEX A
FINANCIAL MATTERS 42
ANNEX B
HARM UPGRADE PROGRAM ORGANIZATION 44
ii
HARM Upgrade MOA
ANNEX C
CONTROL AND DISTRIBUTION OF CLASSIFIED
INFORMATION 45
ii
HARM Upgrade MOA
PREAMBLE
The Federal Ministry of Defense (MoD) of the Federal Republic of
Germany, the Ministry of Defense (MoD) of the Republic of Italy,
and the Department of Defense (DoD) of the United States of
America, 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 equipments;
Desiring to improve their mutual conventional defense
capabilities through the application of emerging
technology;
Having a mutual need for the High-speed Anti-Radiation
Missile (HARM) Upgrade to satisfy common operational
requirements; and,
Having independently identified operational deficiencies
related to the current HARM weapon system and analyzed
benefits of various potential upgrades, recognize the
benefits of cooperation in the HARM Upgrade Project;
Have agreed as follows:
1
HARM Upgrade MOA
ARTICLE I
DEFINITIONS
The Parties have agreed upon the following definitions for
terms used in this Agreement:
Classified
Information
Contract
Contracting
Contracting
Agency
Contracting
Officer
Official information that requires protection
in the interests of national security and is
so designated by the application of a
security classification marking.
Any mutually binding legal relationship which
obligates a Contractor to furnish supplies or
services, and obligates one or more of the
Parties to pay for them.
The obtaining of supplies or services by
Contract from sources outside the government
organizations of the Parties. Contracting
includes 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.
The entity within the government
organization of a Party, which has authority
to enter into, administer, or terminate
Contracts. For this Agreement, the
Contracting Agency will be the U.S.
Department of the Navy.
A person representing a Contracting Agency
of a Party who has the authority to enter
into, administer, or terminate Contracts.
Contractor Any entity awarded a Contract by a Party's
Contracting Agency.
Controlled Unclassified information to which access or
Unclassified distribution limitations have been applied
Information in accordance with applicable national laws
or regulations. Whether the information is
provided or generated under this Agreement,
the information will be marked to identify
its "in confidence" nature. It could include
information which has been declassified, but
remains controlled.
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HARM Upgrade MOA
Cooperative
Operational
Requirements
Document (CORD)
Cost Ceiling
Defense
Purposes
Financial
Policy and
Procedures
Document
HARM Block IIIB
HARM Block VI
The document that specifies detailed
performance requirements which must be met
by the Block IIIB and Block VI missile
configurations developed in the Engineering
and Manufacturing Development (EMD) Effort,
and which establishes performance goals that
will influence EMD.
The maximum Financial and Non-financial
contribution required under this Agreement in
Then Year Dollars.
Manufacture or other use in any part of the
world by or for the armed forces of any
Party.
The security office approved by national
authorities to be responsible for the
security aspects of this Agreement.
The cooperative program for the engineering
and manufacturing development of the HARM
Inertial Navigation System (INS) Upgrade.
Any HARM Upgrade Project costs that, due to
their nature, will be paid using monetary
contributions from the Parties.
The specific processes and procedures to be
followed by the International HARM Upgrade
Project Team (IHUPT) for all financial
management aspects of the HARM Upgrade
Project.
The missile configuration which will result
when a current HARM AGM-88B (Block III or
Block IIIA) missile is retrofitted with the
precision Inertial Navigation System (INS)
kit and associated Block IIIB software
developed during the HARM Upgrade Project EMD
Effort. The resulting configuration will be
designated the "HARM AGM-88B (Block IIIB)",
referred in this MOU as "HARM Block IIIB".
The missile configuration which will result
when a current HARM AGM-88C (Block IV or V)
missile is retrofitted with the precision
Inertial Navigation System (INS) kit and
Designated
Security
Authority (DSA)
Engineering and
Manufacturing
Development (EMD)
Effort
Financial Costs
3
HARM Upgrade MOA
associated Block VI software developed during
the HARM Upgrade Project EMD Effort. The
resulting configuration will be designated
the "HARM AGM-88D (Block VI)", referred in
this MOU as "HARM Block VI".
HARM Upgrade A cooperative Project to conduct an EMD
Project Effort to develop a HARM INS Upgrade.
IHUPT International HARM Upgrade Project Team.
Inertial The hardware kit to be designed and developed
Navigation System during the HARM Upgrade Project EMD Effort
(INS) Upgrade which will consist of an Inertial Measurement
Unit (IMU) coupled with a Global Positioning
System (GPS) receiver. The combination of
the IMU and the GPS will replace the current
gyro systems in the HARM control section.
International The tri-national group of operational users
Operational and requirements officers responsible
Requirements for establishing HARM Upgrade Project
Working Group requirements and prioritizing future
(IORWG) requirements for the HARM Upgrade Project
in the Cooperative Operational Requirements
Document.
Non-financial
Any HARM Upgrade Project costs that, due to
Costs their nature, will be met using non-monetary
contributions from the Parties.

Patent Legal protection of the right to exclude
others from making, using, or selling 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.
Project Any material, equipment, end item, subsystem,
Equipment component, special tooling or test equipment
used in the HARM Upgrade Project.
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HARM Upgrade MOA
Information not generated in the performance
of the HARM Upgrade Project.
Project Information generated in the
performance of the HARM Upgrade Project.
Any information provided to, generated in, or
used in the HARM Upgrade Project 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,
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 copyright, Patent,
or other legal protection.
Project
Background
Information
Project
Foreground
Information
Project
Information
Project Invention Any invention or discovery formulated or made
(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.
Project Plan
Technology
Evaluation and
Assessment (TEA)
Effort
The overall management plan to document the
detailed efforts to be accomplished in the
HARM Upgrade Project. This plan shall
address such areas as configuration
management, software management, Project
schedule and milestones, and other pertinent
areas applicable to the management of the
HARM Upgrade Project.
The cooperative effort to continually
identify and assess emerging technologies
needed to improve the capability of HARM, and
future defense suppression weapons, to defeat
current and future threats.
5
HARM Upgrade MOA
Then Year Dollars A figure, based initially on FY97 dollars,
that takes into account all variations in
inflation over the life of the HARM Upgrade
Project.
Third Party Any person or other entity whose governing
authority is not a Party to this Agreement.
6
HARM Upgrade MOA
ARTICLE II
OBJECTIVES
2.1. The HARM Upgrade Project shall consist of an EMD Effort to
design, develop, and test a HARM INS Upgrade for the AGM-88B and
the AGM-88C missiles and associated software.
2.2. The objectives of the EMD Effort are to:
2.2.1. Cooperatively design, develop, and test
a HARM INS Upgrade for the AGM-88B and the AGM-88C
missiles and related software that meet the
operational requirements as set forth in the CORD
475-88-94 with greater effectiveness and less
likelihood of engaging friendly or neutral
countries' air defense systems; and,
2.2.2. Cooperatively plan for a possible production
effort to produce kits developed in the EMD
Effort.
2.3. It is the intent of the Parties to carry the HARM Upgrade
Project through to completion and to then enter into discussions
for the establishment of a separate written agreement for a
production effort. Should this Project proceed to a production
effort, determination of equitability of all contributions from,
and benefits to, Parties shall be reassessed to reflect and
compensate for any lack of equitability in the execution of this
MOA. This MOA does not contain any arrangements for or
responsibility by the Parties to implement a production effort.
Any commitment by the Parties to a production effort shall be the
subject of a separate written arrangement between the Parties.
2.4. It is the intent of the Parties to conduct a separate TEA
Effort which shall identify and assess emerging technologies to
meet operational requirements not addressed in the INS Upgrade,
and then to enter into discussions for the establishment of a
separate agreement for a TEA Effort.
7
HARM Upgrade MOA
ARTICLE III
SCOPE OF WORK
3.1. The HARM Upgrade Project EMD Effort shall encompass common
EMD work, which is shared by all Parties, and HARM Block IIIB and
HARM Block VI software work directly related to the common EMD
work. The EMD Effort shall be executed in accordance with the
Steering Committee approved HARM Upgrade Project Plan.
3.1.1. Common EMD work consists of integrated design,
development, and fabrication of test articles;
testing of an INS integrated into a missile
control section; testing of required missile-borne
computer software modifications; and planning for
the Production Effort associated with each
Party's applicable AGM-88B and AGM-88C missiles
systems. Development and operational testing and
related support shall also be shared effort common
to all Parties.
3.1.2. HARM Block IIIB and HARM Block VI software work
directly related to the common EMD work described
in paragraph 3.1.1. shall include software
development, independent verification and
validation, test and evaluation of software
versions and technical support associated with
each Party's applicable AGM-88B and AGM-88C
missile systems.
8
HARM Upgrade MOA
ARTICLE IV
MANAGEMENT (ORGANIZATION AND RESPONSIBILITY)
4.1. The HARM Upgrade Project shall be directed and administered
on behalf of the Parties by an organization consisting of a
Steering Committee (SC), and an International HARM Project Team
(IHUPT) headed by a Program Manager (PM). The SC shall have
overall authority over the PM, in accordance with this Agreement.
The PM shall have primary responsibility for effective
implementation, efficient management, and direction of the HARM
Upgrade Project in accordance with this Agreement.
4.2. The SC shall consist of a representative appointed by each
of the Parties. The SC shall meet annually with additional
meetings held at the request of any representative. Each meeting
of the SC shall be chaired by the representative of the Party
hosting the meeting. Subject to the provisions of Article XI
(Visits to Establishments), the SC members may be assisted by
national specialists. Decisions of the SC shall be made
unanimously. In the event that the SC is unable to reach a
timely decision on an issue, each SC representative shall refer
the issue without delay to its higher authority for resolution.
In the meantime, the SC-approved HARM Upgrade Project Plan shall
continue to be implemented without interruption under the
direction of the PM while the issue is being resolved by higher
authority.
4.3. The SC shall be responsible for:
4.3.1. Exercising executive-level oversight of the HARM
Upgrade Project.
4.3.2. Reviewing progress in meeting system requirements
as developed by the IORWG and specified in the
CORD.
4.3.3. Reviewing and approving the HARM Upgrade Project
Plan.
4.3.4. Approving the Project Financial Policies and
Procedures Document, and reviewing the financial
status of the HARM Upgrade Project to ensure
compliance with the provisions of Article V
(Financial Provisions) and Annex A (Financial
Matters) to this Agreement.
9
HARM Upgrade MOA
4.3.5. Developing an Annex to this Agreement which sets
forth procedures for the collection and
distribution of levies in accordance with Article
XIII (Third Party Sales and Transfers), paragraph
13.3.
4.3.6. Resolving issues brought forth by the PM.
4.3.7. Reviewing and forwarding to the Parties for
approval recommended amendments to this Agreement
in accordance with Article XIX (Amendment,
Withdrawal, Termination, Entry Into Force, and
Duration).
4.3.8. Approving amendments to Annexes to this Agreement
consistent with Article XIX (Amendment,
Withdrawal, Termination, Entry Into Force, and
Duration).
4.3.9. Approving plans for the disposal of jointly
acquired Project Equipment under this Agreement in
accordance with Article VII (Project Equipment).
4.3.10. Maintaining oversight of the security aspects of
the HARM Upgrade Project, including reviewing and
obtaining approval from the appropriate Designated
Security Authority of a HARM Upgrade Project
Security Instruction and a Classification Guide
prior to the transfer of classified or Controlled
Unclassified Information.
4.3.11. Providing recommendations to the Parties for the
addition of new Parties in accordance with Article
XIV (Participation of Additional Nations).
4.3.12. Monitoring Third Party sales and transfers
authorized in accordance with Article XII (Third
Party Sales and Transfers).
4.3.13. Reviewing the semi-annual status report submitted
by the PM.
4.3.14. Reviewing and endorsing the EMD Contract(s)
developed by the PM prior to EMD contractual
signature.
4.4. The U.S. shall appoint the PM who shall have overall
responsibility for implementing this Agreement. In addition,
each Party shall appoint a Deputy PM (DPM) who shall report
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HARM Upgrade MOA
directly to the PM, in accordance with Annex B. The PM and DPMs,
along with their supporting staff, shall comprise the IHUPT.
This IHUPT shall be responsible for day-to-day management of the
HARM Upgrade Project and shall be located within the Washington,
D.C. Metropolitan area, or elsewhere as directed by the PM.
4.5. The PM, assisted by the DPMs, shall be responsible for:
4.5.1. Managing the cost, schedule, performance
requirements, technical, and financial aspects of
the HARM Upgrade Project described in this
Agreement.
4.5.2. Preparing and executing the HARM Upgrade Project
Plan with SC approval.
4.5.3. Preparing the Financial Policies and Procedures
Document, requesting release of national funds
("call for funds''), and executing the financial
aspects of the HARM Upgrade Project in accordance
with Article V (Financial Provisions) and Annex A
(Financial Matters).
4.5.4. Referring issues to the SC that cannot be resolved
by the PM.
4.5.5. Preparing the EMD contracts.
4.5.6. Developing and recommending amendments to this
Agreement and its Annexes to the SC.
4.5.7. Developing and implementing SC-approved plans to
manage and control the transfer of Project
Equipment provided by any Party in accordance with
Article VIII (Project Equipment).
4.5.8. Developing and implementing SC-approved plans for
the disposal of jointly acquired Project Equipment
under this Agreement in accordance with Article
VIII (Project Equipment).
4.5.9. Developing and forwarding to the SC a HARM Upgrade
Project Security Instruction and a Classification
Guide for the Project within three months after
Agreement signature, and implementing them upon
final approval.
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HARM Upgrade MOA
4.5.10. Forwarding recommendations to the SC for the
addition of new Parties in accordance with Article
XV (Participation of Additional Nations).
4.5.11. Providing a semi-annual status report to the SC.
4.5.12. Exercising configuration management in accordance
with the approved HARM Upgrade Project Plan.
4.5.13. Exercising software management in accordance with
the approved HARM Upgrade Project Plan.
12
HARM Upgrade MOA
ARTICLE V
FINANCIAL AND NON-FINANCIAL PROVISIONS
5.1. The Parties estimate that the performance of the HARM
Upgrade Project obligations under this Agreement shall not cost
more than a total Cost Ceiling of $102.95 million Then Year (TY)
U.S. dollars.
5.2. The Cost Ceiling specified in paragraph 5.1 may be changed
only upon written agreement between the Parties. The U.S. dollar
shall be the reference currency for the HARM Upgrade Project, and
the Project fiscal year shall be the U.S. fiscal year.
5.3. The full Financial and Non-financial costs of the HARM
Upgrade Project, as identified in this Article and in Annex A
(Financial Matters) of this Agreement, shall be shared as
follows:
Party Cost Share (TY $ Million)
Germany 31.35
Italy 31.35
U.S. 40.25
5.4. The Parties shall use their best efforts to perform, or
to have performed, the EMD Effort specified in Article III (Scope
of Work) and fulfill the obligations under this Agreement as
specified in Annex A (Financial Matters).
5.5. Each Party shall contribute its equitable share of the
full Financial Costs and Non-financial Costs of the HARM Upgrade
Project, including overhead costs, administrative costs, and
costs of claims, and shall receive an equitable share of the
results of the HARM Upgrade Project. The financial and non-
financial contributions required to support HARM Upgrade Project
efforts are detailed in Annex A (Financial Matters).
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 by non-IHUPT members.
5.6.2. Costs associated with any unique national
requirements identified by a Party.
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HARM Upgrade MOA
5.6.3. Any other costs not expressly stated as shared
costs or any costs that are outside the scope of
this Agreement.
5.6.4. Costs incurred by the IHUPT to make alternative
arrangements when a Party is unable to provide its
contribution of personnel to the IHUPT.
5.7. The IHUPT shall be responsible for establishing
arrangements on the detailed financial management procedures
under which the Project will operate. These procedures will be
detailed in the SC-approved Project Financial Policies and
Procedures Document and must agree with the national accounting
and audit requirements of the Parties. An estimated financial
schedule for the HARM Upgrade Project will be contained in the
Financial Policy and Procedures Documents.
5.8. The Parties recognize that it may become necessary for the
DOD, in accordance with the Financial Policy and Procedures
Document, to incur contractual or other obligations for the
benefit of the other Parties prior to receipt of the Parties'
funds. In the event that the DOD incurs such obligations, the
Parties shall make funds available in such amounts and at such
times as may be required by the terms of the contract or other
obligation and shall make them available in advance of the time
such payments are due.
5.9. The IHUPT shall maintain complete records of all work
performed, obligations and commitments incurred, and monies
received and expended, and shall ensure that the normal internal
audit surveillance and checks of accounting and procurement
procedures will be applied in accordance with the standard
accounting practices of the U.S. The audit of the IHUPT
financial information for the EMD Project shall be performed on
an annual basis by the DOD on behalf of the Parties. Reports of
such audits shall be released without any restrictions to the
other Parties. The other Parties may assist the DOD on any audit
elements required to satisfactorily perform the audit. Where
Party auditors need to obtain or inspect Party-specific EMD
Project financial data which is necessary to fulfill their
national obligations, the DOD shall grant access to such specific
financial information in the possession and control of DOD.
5.10. A Party shall promptly notify the other Parties if
available funds are not adequate to fulfill its obligations under
this Agreement. If a Party notifies the other Parties that it is
terminating or reducing its funding for the HARM Upgrade Project,
all Parties shall immediately consult with a view toward
continuation on a modified basis. Should a Party be unable to
14
HARM Upgrade MOA
provide adequate funds to the HARM Upgrade Project, it shall
unilaterally withdraw from this Agreement in accordance with the
provisions of Article XIX (Amendment, Withdrawal, Termination,
Entry into Force, and Duration), paragraph 19.5.
15
HARM Upgrade MOA
ARTICLE VI
CONTRACTING PROVISIONS
6.1. The DOD (acting through the Department of the Navy) shall
be responsible for Contracting for the HARM Upgrade Project in
accordance with U.S. Contracting laws, regulations and
procedures. Contracts will be awarded by the DOD to German and
Italian firms chosen with the approval of the defense ministries
of those nations. The Contracting Officer is the exclusive
source for providing contractual direction and instructions to
Contractors.
6.2. The PM shall be responsible for the coordination of
activities relating to the HARM Upgrade Project, and shall
cooperate with the Contracting Officer in the areas of Contract
preparations, Contract negotiation, evaluation of offers, and
Contract award. The PM shall review statements of work prior to
the development of solicitations to insure that they are in
accordance with this Agreement. In addition, the Contracting
Officer shall keep the PM advised of all financial arrangements
with the Contractor(s).
6.3. The Contracting Officer shall negotiate to obtain the
rights to use and disclose HARM Upgrade Project Information
required by Article IX (Disclosure and Use of Project
Information). The Contracting Officer shall insert into
prospective Contracts (and require its Contractors to insert in
subcontracts) suitable provisions to satisfy the requirements of
this Agreement, including Article IX (Disclosure and Use of
Project Information), Article X (Controlled Unclassified
Information), Article XII (Security) and Article XIII (Third
Party Sales and Transfers). During the Contracting process, the
Contracting Officer shall advise prospective Contractors of their
responsibility to immediately notify the Contracting Agency,
before Contract award, if they are subject to any license or
agreement that will restrict their freedom to disclose
information or permit its use. The Contracting Officer shall
also advise prospective Contractors to employ their best efforts
not to enter into any new agreement or arrangement that will
result in restrictions.
6.4. In the event the Contracting Officer is unable to secure
adequate rights to use and disclose HARM Project Information as
required by Article IX (Disclosure and Use of Project
Information), or is notified by Contractors or potential
Contractors of any restrictions on the disclosure and use of
16
HARM Upgrade MOA
information, the matter shall be referred to the SC for
resolution.
6.5. The Contracting Officer shall immediately advise the PM of
any cost growth, schedule change, or performance problems of any
Contract for which the Contracting Officer is responsible.
6.6. Upon request of the Contracting Agency, the Parties will
provide services in connection with the placement of Contracts
free of charge. These services will be provided by each Party
through the normal contract administration agencies serving the
Contractors within each Party.
17
HARM Upgrade MOA
ARTICLE VII
WORK SHARING
7.1. The Parties recognize that the sharing of HARM Upgrade
Project work among nations of the Parties is a goal of the
Parties. To that end, whenever feasible, sources from each
nation shall be permitted to bid on Project work on equal terms
and conditions. Each Party shall encourage its industry to
provide competitive opportunities to sources from the other
nations to participate in the work of the HARM Upgrade Project,
provided that such participation does not adversely impact the
Project and is consistent with high technical merit, reasonable
cost, and the need to achieve the timely, economical, and
efficient execution of the Project.
7.2. No requirement shall be imposed by any Party for work
sharing or other industrial or commercial compensation in
connection with this Agreement that is not in accordance with
this Agreement.
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HARM Upgrade MOA
ARTICLE VIII
PROJECT EQUIPMENT
8.1. Each Party may provide Project Equipment identified as
being necessary for executing the Agreement to the other Parties.
Project Equipment shall remain the property of the providing
Party. A list of all Project Equipment provided by one Party to
another Party shall be developed and maintained by the PM, and
approved by the SC in accordance with Article IV (Management)
prior to such transfers. This list shall specifically identify
Project Equipment intended to be consumable.
8.2. The receiving Party(ies) shall maintain any such Project
Equipment in good order, repair, and operable condition and
return the items in as good condition as received, normal wear
and tear excepted. The receiving Party(ies) shall pay the cost of
damage (other than normal wear and tear) to or loss of Project
Equipment.
8.3. The Parties recognize there may be some HARM Upgrade
Project Equipment which shall be expended during the course of
Project. There shall be no requirement to return or compensate
the Providing Party for loss of or damage to consumable Project
Equipment.
8.4. All Project Equipment that is transferred shall be used by
the receiving Party(ies) only for the purposes of carrying out
this Agreement. In addition, in accordance with Article XIII
(Third Party Sales and Transfers) Project Equipment will not be
re-transferred to a Third Party without the prior written consent
of the providing Party.
8.5. Project Equipment transferred to one or more Parties under
this Agreement shall be returned to the providing Party prior to
the termination or expiration of this Agreement.
8.6. Any Project Equipment which is jointly acquired on behalf
of the Parties for use under this Agreement shall be disposed of
during this Project or when the Project ceases, as agreed by the
SC.
8.7. Disposal of jointly acquired equipment may include a
transfer of the interest of one Party in such Project Equipment
to another Party, or the sale of such equipment to a Third Party
in accordance with Article XIII (Third Party Sales and Transfers)
of this Agreement. The Parties shall share the consideration
19
HARM Upgrade MOA
from jointly acquired Project Equipment transferred or sold to a
Third Party in the same ratio as costs are shared under this
Agreement.
20
HARM Upgrade MOA
ARTICLE IX
DISCLOSURE AND USE OF PROJECT INFORMATION
9.1. General
All Parties recognize that successful collaboration
depends on full and prompt exchange of information necessary for
carrying out this HARM Upgrade Project. The Parties intend to
acquire sufficient Project Information and rights to use such
information to enable the design, development, and testing of the
INS Upgrade. The nature and amount of Project Information to be
acquired shall be consistent with the objectives stated in
Article II (Objectives), Article III (Scope of Work), the
Cooperative Operational Requirements Document, and the specific
conditions and limitations identified in Annex C (Control and
Distribution of Classified Project Information).
9.2. Government Project Foreground Information
9.2.1. Disclosure: Project Foreground Information
generated in whole or in part by a Party's
military or civilian employees shall be disclosed
without charge to all Parties.
9.2.2. Use: 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. If a Party intends to use
any Government Project Foreground Information in a
sale or other transfer to a Third Party, however,
the provisions of Article XIII (Third Party Sales
and Transfers) of this Agreement shall also apply.
9.3. Government Project Background Information
9.3.1. Disclosure: Each Party, upon request, shall
disclose to the other Parties any relevant
Government Project Background Information
generated by its military or civilian employees
outside the scope of this Agreement provided that:
9.3.1.1. such Project Background Information is
necessary to or useful in the HARM Upgrade
Project, with the Party in possession of the
information determining whether it is
21
HARM Upgrade MOA
9.3.1.2. "necessary to" or "useful in" the HARM
9.3.1.3. Upgrade Project;

such Project Background Information may be
made available without incurring liability to
holders of proprietary rights; and,

disclosure is consistent with national
disclosure policies and regulations of the
furnishing Party.
9.3.2. Use: Government Project Background Information
furnished by one Party to the other Parties may be
used without charge by the other Parties for
Project Purposes only; however, the furnishing
Party shall retain all its rights with respect to
such Project Background Information.
9.4. Contractor Project Foreground Information
9.4.1. Disclosure: Project Foreground Information
generated and delivered under a Contract by
Contractor(s), shall be disclosed without charge
to all Parties.
9.4.2. Use: Each Party may use without charge for
Defense Purposes all Contractor Project Foreground
Information generated and delivered by Contractors
of the other Parties. The Party whose Contractors
generate and deliver Contractor Project Foreground
Information shall also retain rights of use
thereto in accordance with the applicable
Contract(s). If a Party intends to use any
Contractor Project Foreground Information in a
sale or other transfer to a Third Party, the
provisions of Article XIII (Third Party Sales and
Transfers) of this Agreement shall also apply.
The Parties shall consider acquiring the legal
rights to use Contractor Project Foreground
Information in a sale.
9.5. Contractor Project Background Information
9.5.1. Disclosure: Any relevant Project Background
Information, (including information subject to
proprietary rights) generated and delivered by
Contractors or other entities under Contracts
awarded by a Party outside the scope of this
22
HARM Upgrade MOA
Agreement, shall be made available to the other
Parties provided the following conditions are met:
9.5.1.1. such Project Background Information is
9.5.1.2. necessary to or useful in the Project, with
9.5.1.3. the Party in possession of the information
determining whether it is "necessary to" or
"useful in" the HARM Upgrade Project;

such Project Background Information may be
made available without incurring liability to
holders of proprietary rights; and,

disclosure is consistent with national
disclosure policies and regulations of the
furnishing Party.
9.5.2. Use: Project Background Information furnished by
one Party's Contractors and disclosed to the other
Parties may be used without charge by the other
Parties for Project 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.
9.6. Proprietary Project Information
9.6.1. All Project Information subject to proprietary
interests shall be identified and marked, and it
shall be handled as Controlled Unclassified
Information.
9.6.2. The provisions of the NATO Agreement on the
Communication of Technical Information for Defense
Purposes, done at Brussels on 19 October 1970, and
the Implementing Procedures for the NATO Agreement
on the Communication of Technical Information for
Defense Purposes, approved by the North Atlantic
Council on 1 January 1971, shall apply to
proprietary Project Information related to this
Agreement.
9.7. Patents
9.7.1. Where a Party owns title to a Project Invention,
or has the right to receive title to a Project
Invention, that Party shall consult with the other
Parties regarding the filing of a Patent
23
HARM Upgrade MOA
application for such Project Invention. The Party
which has or receives title to such Project
Invention shall, in other countries, file, cause
to be filed, or provide the other Parties with the
opportunity to file on behalf of the Party holding
title, or its Contractors, as appropriate, Patent
applications covering that Project Invention. If
a Party having filed or caused to be filed a
Patent application decides to stop prosecution of
the application, that Party shall notify the other
Parties of that decision and permit the other
Parties to continue the prosecution.
9.7.2. The other Parties shall be furnished with copies
of Patent applications filed and Patents granted
with regard to Project Inventions.
9.7.3. The other Parties shall acquire a non-exclusive,
irrevocable, royalty-free license to practice or
have practiced, by or on behalf of the Parties,
throughout the world for Defense Purposes, any
Project Invention owned by a Party.
9.7.4. Patent applications which contain Classified
Information, to be filed under this Agreement,
shall be protected and safeguarded in accordance
with the requirements contained in the NATO
Agreement for the Mutual Safeguarding of Secrecy
of Inventions Relating to Defense and for Which
Applications for Patents Have Been Made, done in
Paris on 21 September 1960, and its Implementing
Procedures.
9.7.5. Each Party shall notify the other Parties of any
Patent infringement claims made in its territory
arising in the course of work performed under the
HARM Upgrade Project. Insofar as possible, the
other Parties shall provide information available
to them that may assist in defending the claim.
Each Party shall be responsible for handling all
Patent infringement claims made in its territory,
and shall consult with the other Parties during
the handling, and prior to any settlement, of such
claims. The Parties shall share the costs of
resolving Patent infringement claims in the same
percentage as they share the full Financial Costs
and Non-financial Costs of the HARM Upgrade
Project. The Parties shall, in accordance with
their national laws and practices, give their
24
HARM Upgrade MOA
authorization and consent for all use and
manufacture in the course of work performed under
the HARM Upgrade Project of any invention covered
by a Patent issued by their respective countries.
25
HARM Upgrade MOA
ARTICLE X
CONTROLLED UNCLASSIFIED INFORMATION
10.1. Except as otherwise provided in this Agreement or
authorized in writing by the originating Party, Controlled
Unclassified Information provided or generated pursuant to this
Agreement shall be controlled as follows:
10.1.1. Such information shall be used only for the
purposes authorized for use of Project Information
as specified in Article IX (Disclosure and Use of
Project Information).
10.1.2. Access to such information shall be limited to
personnel whose access is necessary for the
permitted use under subparagraph 10.1.1., and
shall be subject to the provisions of Article XIII
(Third Party Sales and Transfers).
10.1.3. 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 10.1.2., 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.
10.2. To assist in providing the appropriate controls, the
originating Party shall ensure that Controlled Unclassified
Information is appropriately marked. The Parties will decide, in
advance and in writing, on the markings to be placed on the
Controlled Unclassified Information. The appropriate markings
will be defined in the HARM Upgrade Project Security Instruction.
10.3. Controlled Unclassified Information provided or generated
pursuant to this Agreement shall be handled in a manner that
ensures control as provided for in paragraph 10.1.
10.4. Prior to authorizing the release of Controlled
Unclassified Information to Contractors, the Parties shall ensure
26
HARM Upgrade MOA
the Contractors are legally bound to control such information in
accordance with the provisions of this Article.
27
HARM Upgrade MOA
ARTICLE XI
VISITS TO ESTABLISHMENTS
11.1. Each Party shall permit visits to its Government
establishments, agencies and laboratories, and Contractor
industrial facilities by employees of the other Parties or by
employees of the other Parties' Contractors, provided that the
visit is authorized by the Party to be visited and the employees
have any necessary and appropriate security clearances and a
need-to-know.
11.2. All visiting personnel shall be required to comply with
security regulations 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 Agreement.
11.3. Requests for visits by personnel of one Party to a
facility of another Party shall be coordinated through official
channels, and shall conform with the established visit procedures
of the host country. Requests for visits shall bear the name of
the HARM Upgrade Project.
11.4. Lists of personnel of each Party required to visit, on a
continuing basis, facilities of the other Parties shall be
submitted through official channels in accordance with Recurring
International Visit Procedures.
28
HARM Upgrade MOA
ARTICLE XII
SECURITY
12.1. All Classified Information and material provided or
generated pursuant to this Agreement shall be stored, handled,
transmitted, and safeguarded in accordance with the Parties'
national security laws and regulations, to the extent that they
provide a degree of protection no less stringent than that
provided for NATO Classified Information and material as set
forth in the document "Security Within the North Atlantic Treaty
Organization," CM(55)15(Final), of 31 July 1972, and its
subsequent amendments.
12.2. Classified Information and material shall be transferred
only through official government-to-government channels or
through channels approved by the National Security Authorities
(NSA's), as appropriate, or the Designated Security Authorities
(DSAs) of the Parties. Such information and material shall bear
the level of classification, denote the country of origin, the
conditions of release, and the fact that the information relates
to this Agreement.
12.3. Each Party shall take all lawful steps available to it to
ensure that information provided or generated pursuant to this
Agreement is protected from further disclosure except as provided
by paragraph 12.8., unless the other Parties consent to such
disclosure. Accordingly, each Party shall ensure that:
12.3.1. The recipients shall not release the 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 XIII (Third Party
Sales and Transfers).
12.3.2. The recipients shall not use the Classified
Information for other than the purposes provided
for in this Agreement.
12.3.3. The recipients shall comply with any distribution
and access restrictions on information that is
provided under this Agreement.
12.4. The Parties shall investigate all cases in which it is
known or where there are grounds for suspecting that Classified
29
HARM Upgrade MOA
Information or material provided or generated pursuant to this
Agreement has been lost or disclosed to unauthorized persons.
Each Party also shall promptly and fully inform the other Parties
of the details of any such occurrences, and of the final results
of the investigation and of the corrective action taken to
preclude recurrences.
12.5. The NSA or DSA of the Party that awards a classified
Contract under this Agreement shall assume responsibility for
administering within its territory security measures for the
protection of the Classified Information or material, in
accordance with its laws and regulations. Prior to the release
to any Contractors, prospective Contractors, or subcontractors of
any Classified Information received under this Agreement, the DSA
of recipient Parties shall:
12.5.1. Ensure that such Contractors, prospective
Contractors, or subcontractors and their
facilities have the capability to protect the
information adequately.
12.5.2. Grant a security clearance to the facilities, if
appropriate.
12.5.3. Grant a security clearance for all personnel whose
duties require access to the information, if
appropriate.
12.5.4. Ensure that all persons having access to the
information are informed of their responsibilities
to protect the information in accordance with
national security laws and regulations, and the
provisions of this Agreement.
12.5.5. Carry out periodic security inspections of cleared
facilities to ensure that the information is
properly protected.
12.5.6. Ensure that access to the information is limited
to those persons who have a need-to-know for
purposes of the HARM Upgrade Project.
12.6. The PM shall prepare a Project Security Instruction and a
Classification Guide for the HARM Upgrade Project. The Project
Security Instruction and the Classification Guide shall describe
the methods by which Project Information and material will be
classified, marked, used, transmitted, and safeguarded. The
Instruction and Guide shall be developed by the PM within three
months after this Agreement enters into force. They shall be
30
HARM Upgrade MOA
reviewed and forwarded to the appropriate DSAs, and shall be
applicable to all government and Contractor personnel
participating in the HARM Upgrade Project. The Classification
Guide shall be subject to regular review and revision with the
aim of downgrading the classification whenever this is
appropriate. The HARM Upgrade Project Security Instruction and
the Classification Guide shall be approved by the appropriate
DSAs prior to the transfer of any Classified Information or
Controlled Unclassified Information.
12.7. Contractors, prospective Contractors, or subcontractors
which 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 Agreement only when enforceable
measures are in effect to ensure that nationals or 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 entities of a Third Party, the other Parties
shall be consulted for approval prior to permitting such access.
12.8. For any facility wherein Classified Information or
material 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 or material pertaining to this
Agreement. These officials shall be responsible for limiting
access to Classified Information or material involved in this
Agreement to those persons who have been properly approved for
access and have a need-to-know.
12.9. 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 the HARM
Upgrade Project.
12.10.Information or material provided or generated pursuant to
this Agreement may be classified as high as SECRET. The
existence of this Agreement is UNCLASSIFIED and the contents are
UNCLASSIFIED.
31
HARM Upgrade MOA
ARTICLE XIII
THIRD PARTY SALES AND TRANSFERS
13.1. The Parties shall not sell, transfer title to, disclose,
or transfer possession of HARM Upgrade Project Foreground
Information or jointly acquired Project Equipment to any Third
Party without the prior written consent of the other Parties.
Furthermore, no Party shall permit any such sale, disclosure, or
transfer, including by the owner of the item, without the prior
written consent of the other Parties. Such consent shall not be
given unless the government(s) of the intended recipient(s) agree
in writing with the Parties that it(they) shall:
13.1.1. not retransfer, or permit the further transfer of,
any equipment or information provided; and
13.1.2. use, or permit the use of, the equipment or
information provided only for the purposes
specified by the Parties.
13.2. A Party shall not sell, transfer title to, disclose, or
transfer possession of Project Equipment or, Project Background
Information provided by another Party to any Third Party without
the prior written consent of the Party which provided such
equipment or information. The providing Party shall be solely
responsible for authorizing such transfers and, as applicable,
specifying the method and conditions for implementing such
transfers.
13.3 Sales and other transfers, to a Third Party, of equipment
developed or Project Information generated under this Agreement
may attract a levy. A Party may reduce or waive the assessment
of its share of the levy. Any agreement between the Parties
regarding the amount of such a levy, and the procedures for
collecting and distributing the levy, shall be set forth in an
Annex to this Agreement. Absent an Annex, each Party shall
access and collect its levy in accordance with its own national
laws and regulations.
32
HARM Upgrade MOA
ARTICLE XIV
CLAIMS AND LIABILITY
14.1. Having regard to multilateral and bilateral treaties and
agreements of the Parties concerning liability for claims and
subject to such treaties and agreements, when applicable, for
liability arising out of the execution of the HARM Upgrade
Project, the provisions set forth below shall apply:
14.1.1. With the exception of claims for loss or damage to
Project Equipment provided by a contributing Party
under Article VIII (Project Equipment), each Party
waives all claims against the other Parties for
injury to or death of its military or civilian
personnel, and for damage to or loss of its
property, or cooperatively acquired property
caused by personnel or agents (which do not
include HARM Upgrade Project Contractors) of the
other Parties. If, however, such injury, death,
damage, or loss results from reckless acts or
reckless omissions, willful misconduct, or gross
negligence of a Party's personnel or agents, the
cost of any liability shall be borne by that Party
alone.
14.1.2 . Claims from any other persons for injury, death,
damage, or loss of any kind shall be processed by
the most appropriate Party, as determined by the
Parties. Generally, this shall be the Party
country in which the claim arose. Any costs
determined to be owed the claimant for claims
pertaining to the HARM Upgrade Project effort
shall be borne by the contributing Parties
proportionately according to the cost share of
each Party in this Agreement. If however, such
injury, death, damage, or loss results from
reckless acts or reckless omissions, willful
misconduct, or gross negligence of a Party's or
Party's personnel or agents, the cost of any
liability shall be borne by that (those)
Party(ies) alone.
14.1.3. In the case of damage caused by or to
cooperatively acquired property of the Parties,
where the cost of making good such damage is not
recoverable from other persons, such cost shall be
33
HARM Upgrade MOA
borne proportionately according to the cost share
of each Party in this Agreement.
14.1.4. Claims arising under any Contract awarded pursuant
to Article VI (Contracting Provisions) shall be
resolved in accordance with the provisions of the
Contract.
34
HARM Upgrade MOA
ARTICLE XV
PARTICIPATION OF ADDITIONAL NATIONS
15.1. It is recognized that other nations may wish to join the
HARM Upgrade Project.
15.2. Mutual consent of the Parties shall be required to conduct
discussions with potential additional Parties. The Parties shall
discuss the arrangements under which another Party might join,
including the furnishing of releasable Project Information for
evaluation prior to joining. If the disclosure of Project
Information is necessary to conduct discussions, such disclosure
shall be in accordance with Article IX (Disclosure and Use of
Project Information), Article X (Controlled Unclassified
Information) and Article XIII (Third Party Sales and Transfers).
15.3. The Parties shall jointly formulate the provisions under
which additional Parties might join. The addition of new Parties
to the HARM Upgrade Project shall require amendment of this
Agreement by the Parties to incorporate any additional necessary
multilateral provisions.
35
HARM Upgrade MOA
ARTICLE XVI
CUSTOMS DUTIES, TAXES, AND SIMILAR CHARGES
16.1. 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, 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 the HARM Upgrade Project.
16.2. Each Party shall 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 Party in whose country they are
levied shall bear such costs.
16.3. If, in order to apply European Communities (EC)
regulations, it is necessary to levy duties, then these shall be
met by the EC member end recipient. To this end, parts or
components of the equipment coming from outside the EC shall
proceed to their final destination accompanied by the relevant
customs document enabling settlement of duties to take place.
The duties shall be levied as a cost over and above the relevant
Party's shared costs of the HARM Upgrade Project.
36
HARM Upgrade MOA
ARTICLE XVII
SETTLEMENT OF DISPUTES
17.1. Disputes among the Parties arising under or relating to
this Agreement shall be resolved only by consultation among the
Parties and shall not be referred to an individual, to a national
court, to an international tribunal, or to any other person or
entity for settlement.
37
HARM Upgrade MOA
ARTICLE XVIII
LANGUAGE
18.1. The working language for the HARM Upgrade Project shall be
the English language.
18.2. All data and information generated under this Agreement
and its implementing Contracts and provided by one Party to the
other Parties shall be furnished in the English language.
38
HARM Upgrade MOA
ARTICLE XIX
AMENDMENT, WITHDRAWAL, TERMINATION,
ENTRY INTO FORCE, AND DURATION
19.1. All activities of the Parties under this Agreement shall
be carried out in accordance with their national laws and the
obligations of the Parties shall be subject to the availability
of appropriated funds for such purposes.
19.2. In the event of a conflict between an Article of this
Agreement and any Annex to this Agreement, the Article shall
control.
19.3. Except as otherwise provided, this Agreement may be
amended by the mutual written consent of the Parties. Annexes A,
B, C of this Agreement may be amended by the written approval of
the SC.
19.4. This Agreement may be terminated at any time upon the
mutual written consent of the Parties. In the event the Parties
consent to terminate this Agreement, the Parties shall consult
prior to the date of termination to ensure termination on the
most economical and equitable terms.
19.5. Any Party may withdraw from this Agreement upon 180 days
written notification to the other Parties. Such notice shall be
the subject of immediate consultation by the SC to decide upon
the appropriate course of action. In the event of such
withdrawal, the following rules apply:
19.5.1. The withdrawing Party shall continue
participation, financial or otherwise, up to the
effective date of withdrawal.
19.5.2. In the event of a withdrawal by one or more of the
Parties, each Party shall pay the direct costs it
incurs as a result of the withdrawal(s), however,
the total contribution by any Party, including
withdrawal costs, shall not exceed cost share for
each Party as set forth in Article V (Financial
Provisions).
19.5.3. All HARM Upgrade Project Information and rights
therein received under the provisions of this
Agreement prior to the withdrawal shall be
39
HARM Upgrade MOA
retained by the Parties, subject to the provisions
of this Agreement.
19.6. The respective rights and responsibilities of the Parties
regarding Article VIII (Project Equipment), Article IX
(Disclosure and Use of Project Information), Article X
(Controlled Unclassified Information), Article XII (Security),
Article XIII (Third Party Sales and Transfers), and Article XIV
(Liability and Claims), shall continue notwithstanding
termination of, withdrawal from, or expiration of this Agreement.
19.7. This Agreement, which consists of nineteen Articles and
three Annexes, shall enter into force from the date of the last
signature and shall remain in force for 15 years. It may be
extended by written agreement of the Parties.
40
HARM Upgrade MOA
IN WITNESS WHEREOF, the undersigned, being duly authorized by
their governments have signed this Agreement.
DONE, in triplicate, in the English language.
FOR THE FEDERAL MINISTRY OF
DEFENSE OF THE FEDERAL
REPUBLIC OF GERMANY
FOR THE MINISTRY OF DEFENSE OF
THE REPUBLIC OF ITALY
Signature
Ministerialdirektor
Hans Jurgen Hofer
Name
Bundesministerium der Verteidigung
- Abteilungsleiter Rustung -
Title
5 FEBR 1998 Location Bonn
Signature
Gen. Alberto ZIGNANI
Name
Segretario Generale della Difesa e
Direttore Nazionale degli Armamenti
Title
7 March 1998
Location Roma
FOR THE DEPARTMENT
OF DEFENSE
OF THE UNITED STATE OF
AMERICA
Signature
John W. Douglass
Name
Assistant Secretary of the
Navy
(Research,Development
and Acquisition)
Title
OCT 14 1997
Date
Washington, D.C.
Location
41
HARM Upgrade MOA
ANNEX A
FINANCIAL MATTERS
1. Costs associated with the EMD Effort shall be shared as
follows:
1.1. Common EMD Work Costs: Financial and Non-financial
Costs associated with the development of the common
modification kit described in Section III (Scope of Work),
paragraph 3.1.1. shall be shared equally among the three
Parties in accordance with Table A-1.
1.2. Block IIIB and Block VI EMD-related Work Costs:
Financial costs associated with the HARM Block IIIB and HARM
Block VI software work described in Section III (Scope of
Work), paragraph 3.1.2, shall be shared in accordance with
Table A-1 by those Parties receiving the respective upgraded
HARM Block IIIB or HARM Block VI.
1.3. Non-financial Costs of personnel shall be shared in
accordance with Table A-1.
2. Each Party shall provide EMD Effort financial and non
financial contributions in accordance with Table A-1.
42
HARM Upgrade MOA
TABLE A-1
EMD TOTAL CONTRIBUTIONS
(in Then Year U.S. Dollars)

FY98 FY99 FY00 FY01 FY02 TOTAL
ITALIAN TOTAL CONTRIBUTION ($K) 7769 8708 7665 4618 2590 31350
FINANCIAL COST SHARE 7469 8408 7365 4318 2290 29850
NON-FINANCIAL CONTRIBUTION 300 300 300 300 300 1500
GERMAN TOTAL CONTRIBUTION (SK) 7769 8708 7665 4618 2590 31350
FINANCIAL COST SHARE 7469 8408 7365 4318 2290 29850
NON-FINANCIAL CONTRIBUTION 300 300 300 300 300 1500
U.S. TOTAL CONTRIBUTION (SK) 13818 2633 8463 9293 6043 40250
FINANCIAL COST SHARE 1500 2210 7040 6870 4670 22290
NON-FINANCIAL CONTRIBUTION 12318 423 1423 2423 1373 17960
TOTAL EMD CONTRIBUTIONS 29356 20049 23793 18529 11223 102950
3. Each Party shall provide a minimum equivalent of two (2) manyears
per year to prior coordination of the PM, at no impact to the figures
at Annex A, Table A-1.
43
HARM Upgrade MOA
ANNEX B
HARM UPGRADE PROJECT ORGANIZATION
1. The HARM Upgrade Project organization shall be as shown in Figure
B-1.

STEERING COMMITTEE
INTERNATIONAL HARM
UPGRADE
PROJECT TEAM

PROGRAM MANAGER (US)

GE
DEPUTY
PM
IT
DEPUTY
PM
US
DEPUTY
PM
PROJECT SUPPORT TEAM
HARM UPGRADE TECHNICAL TEAM
GE/IT/US TI BGT ALENIA
REPRESENTATIVES
Figure B-1
44
HARM Upgrade MOA
ANNEX C
CONTROL AND DISTRIBUTION OF CLASSIFIED INFORMATION
1. Specific conditions and limitations for access and control of
classified information related to the HARM Upgrade Project EMD Effort
are as follows:
1.1. Software: German and Italian access to classified missile
software source code shall be at the Naval Air Warfare Center, China
Lake, California. Access to this data shall be for the purpose of
cooperative design, validation, and performance testing of the HARM
Upgrade Project and shall allow the international technical
representatives the ability to perform systems engineering functions
associated with aircraft integration, system tests, and simulation.
1.2. Performance Data: All Parties shall have access to weapon
performance and design information, up to the SECRET level, required
to execute the HARM Upgrade Project. This information shall include
general AGM-88B and C missile and component performance capabilities;
weapon system performance improvements resulting from the HARM Upgrade
Project; and design/performance information associated with the HARM
Upgrade Project, including hardware and software design and
performance specifications. Operational and Maintenance Data, up to
the SECRET level, may be exchanged along with Production Data
specifically related to the HARM Upgrade Project.
1.3. Hardware: All Parties are authorized to receive
AGM-88C missiles (as non-financial contributions under this MOA or via
Foreign Military Sales procedures) in addition to the missile
modification kits associated with the HARM Upgrade Project. Depot
level modifications of all missiles which result from the HARM Upgrade
Project shall be performed at facilities designated by the HARM SC.
All missile hardware associated with GPS security devices shall be
designed and produced in the U.S. In addition, any installation of
newly developed missile software required as a result of the HARM
Upgrade Project shall be accomplished by approved government or
contractor personnel who have been approved by the PM.
2. Specific conditions and limitations for access and control of
classified information related to the HARM Upgrade Project TEA Effort
are as follows:
2.1. System Performance and Design Trade Studies: All Parties
shall have access, up to the SECRET level, to system performance
analyses, trade studies, hardware demonstration test results, and
results of operational modeling and simulation relating to advanced
45
HARM Upgrade MOA
seeker, propulsion, warhead, target detection, and missile system
concepts related to the Defense Suppression Mission Area.
46
 



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