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13071 Canada - Memorandum of Understanding Concerning Development, Documentation, Production and Initial Fielding of Military Satellite Communication (MILSATCOM)


   
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TREATIES AND OTHER INTERNATIONAL ACTS SERIES 13071

 

 

DEFENSE

Military Satellite Communications

 

 

Memorandum of Understanding
Between the
UNITED STATES OF AMERICA
and CANADA

 


Signed at Brussels November 16, 1999

 

 

 

 

 

 

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.”

 

CANADA

Defense: Military Satellite
Communications

Memorandum of understanding signed
at Brussels November 16, 1999;
Entered into force November 16, 1999.

MEMORANDUM OF UNDERSTANDING
BETWEEN THE
DEPARTMENT OF DEFENSE
OF THE UNITED STATES OF AMERICA
AND THE
DEPARTMENT OF NATIONAL DEFENCE
OF CANADA
CONCERNING
DEVELOPMENT, DOCUMENTATION,
PRODUCTION AND INITIAL FIELDING OF
MILITARY SATELLITE COMMUNICATIONS
(MILSATCOM)
Dated 16 November 1999
1
TABLE OF CONTENTS
INTRODUCTION
SECTION I
SECTION II
SECTION III
SECTION IV
SECTION V
SECTION VI
SECTION VII
SECTION VIII
SECTION IX
SECTION X
SECTION XI
SECTION XII
SECTION XIII
SECTION XIV
SECTION XV
SECTION XVI
SECTION XVII
ANNEX A
ANNEX B
DEFINITIONS
OBJECTIVES
SCOPE OF WORK
MANAGEMENT (ORGANIZATION AND RESPONSIBILITY)
FINANCIAL ARRANGEMENTS
CONTRACTUAL ARRANGEMENTS
WORK SHARING
PROJECT EQUIPMENT
DISCLOSURE AND USE OF PROJECT INFORMATION
CONTROLLED UNCLASSIFIED INFORMATION
VISITS TO ESTABLISHMENTS
SECURITY
THIRD PARTY SALES AND TRANSFERS
LIABILITY AND CLAIMS
CUSTOMS DUTIES, TAXES AND SIMILAR CHARGES
SETTLEMENT OF DISPUTES
AMENDMENT, TERMINATION, ENTRY INTO
EFFECT AND DURATION
THE ADVANCED EXTREMELY HIGH FREQUENCY PROJECT
THE EXCHANGE OF COOPERATIVE PROJECT PERSONNEL
2
INTRODUCTION
The Department of Defense (DOD) of the United States of America and the Department of
National Defence (DND) of Canada, hereinafter referred to as the "Participants:"
Having a common interest in defense;
Recognizing the benefits to be obtained from rationalization, standardization and interoperability
of military equipment;
Seeking to make the best use of their respective research and development capacities, eliminating
unnecessary duplication of work and obtain the most efficient and cost-effective results; .
Recognizing the need to collectively develop emerging technologies to field technologically
superior Military Satellite Communications (MILSATCOM) systems;
Having a mutual need for increased capacity on future MILSATCOM systems to satisfy common
operational requirements;
Invoking the Agreement Between the Government of the United States of America and the
Government of Canada Concerning the Establishment of Certain Mutual Defense Commitments,
signed August 19,1994;
Have reached the following understandings:
3
SECTION I
DEFINITIONS
The Participants have decided upon the following definitions for terms used in this
Memorandum Of Understanding (MOU):
AEHF Program A DOD MILSATCOM program to develop and field an Advanced
Extremely High Frequency (AEHF) system which provides highly
protected communications for strategic and tactical warfighters. These
communications are characterized by jam-resistance, low probability of
detection and intercept, hardening, and anti-scintillation.
Apportionment The AEHF resources provided to US Commanders in Chief (CINCs) to
plan, manage, and operate for the purpose of fulfilling their mission
requirements.
Assured Access The certainty that the agreed upon amounts of MILSATCOM resources
are immediately available and accessible for the user when and where
needed in accordance with this MOU and the Annex(es) thereto.
Assured Access does not include loss of communications due to
jamming, weather or atmospheric effects.
Baseline The AEHF resources allocated through the apportionment process, and
Apportionment guaranteed in the MOU and any Annex(es) thereto, that cannot be
apportioned to other users of the AEHF system.
Classified Official information that requires protection in the interests of national
Information security and is so designated by the application of a security
classification marking.
Contracting Agency The entity within the government organization of a Participant, which
has authority to enter into, administer, and terminate contracts.
Contracting Officer A person representing a Contracting Agency of a Participant who has the
authority to enter into, administer, and terminate contracts.
Contractor Any entity awarded a contract under the Project by a Participant's
Contracting Agency.
Controlled Unclassified information to which access or distribution limitations have
Unclassified been applied in accordance with applicable national laws or regulations.
Information Whether the information is provided or generated under this MOU, the
information will be marked to identify its "in confidence" nature. It
could include information which has been declassified, but remains
4
4
controlled.
Project Background
Information
Manufacture or other use in any part of the world by or for the armed
forces of either Participant
The security office approved by national authorities to be responsible for
the security aspects of this MOU.
Any component of the communications planning, network/resource
control, or terminal segments as defined below:
Communications Planning: The off-line planning of satellite and
terminal resources for the purposes of allocation and optimization of user
network requirements.
Network/Resource Control: The on-line operational management of the
aforementioned resources to ensure effective and continuing user
communications within satellite, system, and operational constraints.
Terminal Segment: The electronic and radio frequency equipment which
provides point-to-point or networked satellite communications between
users. The terminal segment includes terminals hosted on aircraft, ships
and submarine platforms, installed at fixed sites and in ground mobile
and transportable configurations, and packaged as man-portable units
Terminals are designed to operate in a specified frequency band(s).
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.
Individual assigned to lead a DOD MILSATCOM acquisition program.
The cooperative effort by the DOD and the DND to jointly develop,
produce, and field modifications to the AEHF satellite system to increase
capacity, above the capacity funded by the DOD, to meet DOD and DND
national needs. This effort is a subset of the AEHF Program.
Information not generated in the performance of the Project.
Defense Purposes
Designated Security
Authority (DSA)
Ground Segment
Patent
Program Manager
Project
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Project Equipment
Project Foreground
Information
Project Information
Project Invention
Project Manager
Project Team
Leader (PTL)
Protected
Constellation
Then-Year Dollars
Third Party
Any materiel, equipment, end item, subsystem, component, special
tooling or test equipment jointly acquired or provided for use in the
Project.
Project Information generated in the performance of the Project.
Any information provided to, generated in, or used in the Project
regardless of form or type.
Any invention or discovery formulated or made, either conceived or first
actually reduced to practice in the course of work performed under the
Project The term "first actually reduced to practice" means the first
demonstration, sufficient to establish to one skilled in the art to which
the invention pertains, of the operability of an invention for its intended
purpose and in its intended environment
Individual assigned to manage the Project.
Individual assigned to lead the DND MILSATCOM acquisition project
Constellation which consists of the remaining Milstar I and II satellites
and the AEHF satellites.
Then-Year dollars represent amounts that will be paid for resources in
the actual years in which payments will be made. A Then-Year dollar
contains implicit adjustment for variation in the purchasing power of a
dollar over time.
A government other than the government of a Participant and any person
or other entity whose government is not the government of a Participant.
6
SECTION II
OBJECTIVES
2.1. The objectives of the MOU are:
2.1.1. To cooperate on portions of the development, documentation, production, and initial
fielding of future MILSATCOM systems, and to share the increased capacity delivered as a
result of this cooperation in accordance with the provisions of this MOU and in accordance with
.Annex(es) to this MOU.
2.1.2. To establish technical and operational interoperability requirements and determine the
means to meet these requirements during development of MILSATCOM systems in accordance
with an Annex to this MOU.
2.1.3. To apportion satellite resources on the AEHF system for the DND in accordance with
Annex A of this MOU.
2.1.4. To develop a follow-on MOU for cooperation on the operations and maintenance of the
AEHF system (the "O&M MOU"). The apportionment of satellite resources set out in Annex A
is based on the understanding that the DND will contribute equitably to the operations and
maintenance of the system and will be set out in the O&M MOU.
2.1.5. To set the basis for long-term cooperation in MILSATCOM that is mutually beneficial.
2.2. This MOU does not preclude the Participants entering into any other bilateral or
multilateral arrangements in the area of MILSATCOM systems.
7
SECTION III
SCOPE OF WORK
3.1. Implementation of this MOU will be through Annexes to this MOU. Annex A sets out
the details for AEHF cooperation. The overall work to be undertaken under this MOU, as
implemented by Annex(es) to this MOU, includes, but is not limited to the following:
3.1.1. Under DND lead, providing Canadian technical expertise in areas such as antennas,
filters, routers, multiplexers, frequency converters, and other subsystems to achieve greater
performance of MILSATCOM systems.
3.1.2. Developing the technical and operational requirements and solutions to enable DOD
and DND users of MILSATCOM to be interoperable.
3.13. At DND's request, and in accordance with Section V (Financial Arrangements) and
Section VI (Contractual Arrangements), the procurement by DOD of Ground
Segment resources to satisfy DND requirements. Associated costs will be borne by the DND.
3.1.4. Making modifications to increase resources to satisfy Canadian national requirements
while providing additional capability to DOD users. System description and resource sharing
provisions for the AEHF system are detailed in Annex A.
3.1.5. Under DOD lead, with DND collaboration, developing, documenting, procuring, and
initially fielding the Project to meet national and coalition requirements.
3.1.6. Under DOD lead, performing systems engineering on the Project to ensure national and
interoperability requirements are met
3.1.7. Performing comprehensive testing of Project components to ensure performance
standards are met and the components will meet requirements. Resolution of anomalous satellite
behavior will be conducted as set out in Annex A, Section 3.0, Resource Sharing Provisions.
3.2. Any cooperation between the DOD and the DND on future MILSATCOM systems will
be subject to the negotiation and conclusion of satisfactory provisions either by an amendment to
this MOU or by a separate arrangement.
8
SECTION IV
MANAGEMENT (ORGANIZATION AND RESPONSIBILITY)
4.1. The Project will be directed and administered on behalf of the Participants by an
organization consisting of a Steering Committee (SC), and a DOD/DND Project Office (DPO)
headed by a Project Manager. It is envisioned that DPO members will not be co-located, but will
execute their duties from their respective host nation organizations. The SC will have overall
authority over the Project Manager, in accordance with this MOU. The Project Manager will
have primary responsibility for effective implementation, efficient management, and direction of
the Project in accordance with this MOU.
4.2 The SC will consist of a 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 Project plan ("Project Plan") will continue to be
implemented without interruption under the direction of the Project Manager while the issue is
being resolved by higher authority.
4.3. The SC will be responsible for:
4.3.1. Exercising executive-level oversight of the Project.
4.3.2. Approving the Project Plan which provides a description of the Project's delivery
requirements and milestones.
4.3.3. Reviewing progress in meeting the additional system requirements resulting from this
MOU.
4.3.4. Financial oversight of the Project to ensure compliance with the provisions of Section
V (Financial Arrangements) and approving the financial management procedures document and
amendments thereto.
4.3.5. Resolving issues brought forth by the Project Manager, Program Manager(s), or Project
Team Leader.
4.3.6. Maintaining oversight of the security aspects of the Project, including reviewing and
obtaining approval from the appropriate Designated Security Authorities (DSAs) of a Project
Security Instruction and a Classification Guide prior to the transfer of Classified Information or
Controlled Unclassified Information.
9
4.3.7. Reviewing and forwarding to the Participants for approval recommended amendments
to this MOU in accordance with Section XVII (Amendment, Termination, Entry Into Effect, and
Duration).
4.3.8. Approving amendments to Annexes to this MOU consistent with Section XVII
(Amendment, Termination, Entry Into Effect, and Duration).
4.3.9. Approving plans to manage and control the transfer of Project Equipment provided by
either Participant to support the execution of the Project in accordance with Section VIII (Project
Equipment).
4.3.10. Approving plans for the disposal of jointly acquired Project Equipment under this MOU
in accordance with Section VIII (Project Equipment).
4.3.11. Monitoring Third Party sales and transfers authorized in accordance with Section XIII
(Third Party Sales and Transfers).
4.3.12. Reviewing the semi-annual status report submitted by the Program Manager(s) and
Project Manager.
4.3.13. Approving the duties and responsibilities of cooperative project personnel assigned to
the DPO or other facilities contributing to the Project.
4.4. The USAF will appoint the Project Manager, who, as head of the DPO, will be
responsible for implementing this MOU and its Annexes and for day-to-day management of the
Project. Specifically, the Project Manager, assisted by the Project Team Leader or his/her
designated representative, will be responsible for:
4.4.1. Managing the cost, schedule, performance requirements, technical, and financial
aspects of the Project.
4.4.2. Preparing a financial management procedures document which establishes the detailed
financial management procedures under which the Project will operate. These procedures, which
must accord with the national accounting and audit requirements of the Participants, will be
subject to the approval of the SC.
4.4.3. Implementing the financial aspects of the Project in accordance with Section V
(Financial Arrangements) and the financial management procedures document
4.4.4. Referring issues to the SC that cannot be resolved by the Project Manager.
4.4.5. Developing and recommending to the SC amendments to this MOU.
10
4.4.6. Developing and implementing SC-approved plans to manage and control the transfer of
Project Equipment provided by either Participant in accordance with Section VIII (Project
Equipment).
4.4.7. Developing and implementing SC-approved plans for the disposal of jointly acquired
Project Equipment under this MOU in accordance with Section VIII (Project Equipment).
4.4.8. Providing a semi-annual status report to the SC.
4.4.9. Exercising configuration management during AEHF satellite development.
4.4.10. Exercising software management during AEHF satellite development.
4.4.11. Developing a Project Security Instruction and the Classification Guide.
4.5. In furtherance of the Project, the DOD and the DND may assign qualified personnel to
each others' organizations contributing to the Project. Such personnel will be integrated into a
program/project office of the other Participant and carry a portion of the workload associated
with the Project . The Project Manager and Program Manager(s) will be given an opportunity to
interview prospective DND personnel and may decline the assignment The Project Team
Leader will be given an opportunity to interview prospective DOD personnel and may decline
the assignment. Provisions for personnel assigned to organizations of the other Participant are
set out in Annex B, The Exchange of Cooperative Project Personnel.
11
SECTION V
FINANCIAL ARRANGEMENTS
5.1. Each Participant will contribute its equitable share of the full costs of the Project,
including overhead costs, administrative costs, and costs of claims, and each Participant will
receive an equitable share of the results of the Project, in accordance with the provisions of this
MOU.
5.2. All dollar references in this MOU are US Then-Year Dollars.
5.3. The Participants estimate that the financial responsibilities under this MOU will be
approximately$3.678B. The DOD target contribution will be $3.532B. The DND contribution
will be $146.2M. The DND contribution may not be changed, except upon the written
agreement of the Participants. The Participants will use their best efforts to perform, or to have
performed, the work specified in Section III (Scope of Work) and fulfill all the responsibilities
under this MOU, within the amounts specified.
5.3.1. The costs will be shared as follows:
Participant Percentage Share
5.3.1.1. AEHF
95.7%
4.3%
DOD
DND
5.4. Each Participant will make funds available in such amounts and at such times in
accordance with the estimated schedule of financial contributions as described in the financial
management procedures document. This document will include an estimated financial schedule
for financial contributions which will be consistent with the funding requirements of
paragraph 5.3..
5.5. The Participants recognize that it may become necessary for the DOD to incur
contractual or other obligations for the benefit of the DND prior to receipt of DND funds. In the
event that the DOD incurs such obligations, the DND will make funds available in such amounts
and at such times as may be required by the terms of the contract or other obligation and will
make them available in advance of the time such payments are due.
5.6. The following costs will be borne entirely by the Participant incurring the costs or on
whose behalf the costs are incurred:

5.6.1. Costs associated with national representation at meetings.
5.6.2. Costs associated with any unique national requirements identified by a Participant.
12
5.6.3. Any other costs not expressly stated as shared costs or any costs that are outside the
scope of this MOU.
5.7. The Project Manager will be responsible for establishing the detailed financial
management procedures under which the Project will operate. These procedures, which must
accord with the national accounting and audit requirements of the Participants, will be detailed in
a financial management procedures document prepared by the Project Manager and subject to the
approval of the SC.
5.8. A Participant will promptly notify the other Participant if it does not have adequate
funds to fulfill its responsibilities under this MOU. If a Participant notifies the other Participant
that it is terminating or reducing its funding for the Project, both Participants will immediately
consult with a view toward continuation on a modified basis. In the event that the Participants
mutually conclude, following consultation, that continuation on a modified basis is not
practicable, then the provisions of Section XVII (Amendment, Termination, Entry into Effect,
and Duration) will apply.
5.9. Each Participant will be responsible for internal audit scrutiny of the Project activities
carried out by it, in accordance with its own national practices.
13
SECTION VI
CONTRACTUAL ARRANGEMENTS.
6.1. The DOD (acting through the Department of the Air Force) will be responsible for
contracting for the Project in accordance with US contracting laws, regulations and procedures,
including Federal Acquisition Regulation and Defense Federal Acquisition Regulation
Supplement provisions specifically relating to Canadian products or contractors. The
Contracting Officer is the exclusive source for providing contractual direction and instructions to
Contractors.
6.2. The Program Manager(s) will be responsible for the coordination of activities relating to
the Project, and will cooperate with the Contracting Officer(s) in the areas of contract
procedures, contract negotiation, evaluation of offers, and contract award. DND may send
representatives to the proposal evaluation team(s), subject to the approval of the source selection
authority(ies). The Program Managers) will review statements of work prior to the development
of solicitations to ensure that they are in accordance with this MOU. The DOD will provide the
DND the opportunity to review statements of work related to the Project prior to development of
solicitations. In addition, the Contracting Officer(s) will keep the Program Manager(s) advised
of all financial arrangements with the prime Contractors.
6.3. The Contracting Officer(s) will negotiate to obtain the rights to use and disclose Project
Information required by Section IX (Disclosure and Use of Project Information). The
Contracting Officer(s) will insert into contracts (and require its Contractors to insert in
subcontracts) suitable provisions to satisfy the requirements of this MOU, including Section IX
(Disclosure and Use of Project Information), Section X (Controlled Unclassified Information),
Section XII (Security) and Section XIII (Third Party Sales and Transfers). During the
contracting process, the Contracting Officer(s) will 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(s) will also advise prospective Contractors to employ
theirbest efforts not to enter into any new agreement or arrangement that will result in
restrictions.
6.4. In the event the Contracting Officer(s) are unable to secure adequate rights to use and
disclose Project Information as required by Section IX (Disclosure and Use of Project
Information), or is notified by Contractors or potential Contractors of any restrictions on the
disclosure and use of information, the matter will be referred to the SC for resolution.
6.5. The Contracting Officer(s) will immediately advise the Program Manager(s) of any cost
growth, schedule change, or performance problems of any Contractor for which the Contracting
Officer(s) are responsible.
14
SECTION VII
WORK SHARING
7.1. The Participants will work toward the goal that the work to be performed under this
MOU will be shared in proportion to the cost contribution of the Participants to the maximum
extent possible, consistent with high technical merit, reasonable cost, and the need to achieve the
timely, economical, and efficient execution of the Project. This work will encompass those
requirements contained in Section III (Scope of Work) of this MOU that are common to the
Participants and are funded under the Project.
7.2. Sources from both nations will be permitted to bid on Project work. Each Participant
will encourage its industries to provide competitive opportunities to sources from the other
nation to participate in the work of the Project, provided such participation does not adversely
impact the Project.
7.3. 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.
15
SECTION VIII
PROJECT EQUIPMENT
8.1. Each Participant may loan without charge Project Equipment identified as being
necessary for implementing this MOU. Approval for all loans will be in accordance with
national procedures.
8.2. Project Equipment loaned will be used by the receiving Participant only for the
purposes of carrying out this MOU. Project Equipment will remain the property of the providing
Participant. In addition, the receiving Participant will maintain Project Equipment in good order,
repair, and operable condition and will return it in operable condition and in as good condition as
received, normal wear and tear excepted. The receiving Participant will bear the cost of any
damage to (other than normal wear and tear) or loss of Project Equipment. In no event will such
cost exceed replacement cost less an amount determined to represent reasonable wear and tear.
8.3. The Participants will make every effort to ensure that the Project Equipment is.
furnished in a serviceable and usable condition according to its intended purpose. However, the
providing Participant makes no warranty or guarantee of fitness of the Project Equipment for a
particular purpose or use, and make no commitment to alter, improve, or adapt the Project
Equipment or any part thereof.
8.4. The providing Participant, at its expense, will deliver the Project Equipment to the
receiving Participant at a mutually approved location(s). Responsibility for Project Equipment
will pass from the providing Participant to the receiving Participant at time of receipt. Any
further transportation is the responsibility of the receiving Participant.
8.5. The providing Participant will furnish the receiving Participant such information as is
necessary to enable the Project Equipment to be used.
8.6. The receiving Participant will inspect and inventory the Project Equipment upon
receipt. The receiving Participant will also inspect and inventory the Project Equipment prior to
its return (unless the Project Equipment is to be expended or consumed).
8.7. The receiving Participant will return Project Equipment at its expense to the providing
Participant at a mutually approved location. Any further transportation is the responsibility of the
providing Participant.
8.8. The receiving Participant will provide written notice of consumption or expenditure of
Project Equipment. In the event the intended consumption or expenditure does not occur, the
receiving Participant will, unless otherwise determined by the providing Participant, return the
Project Equipment to the providing Participant at a mutually approved location. Any further
transportation is the responsibility of the providing Participant.
16
8.9. The Participants will ensure, by all reasonable means, the protection of intellectual
property rights in Project Equipment
8.10. Any Project Equipment which is jointly acquired on behalf of the Participants for use
under this MOU will be disposed during the Project or when the Project ends as determined by .
the SC.
8.11. Disposal of jointly acquired Project Equipment may include a transfer of the interest of
the Participants in such Project Equipment to one Participant, or the sale of such Project
Equipment to a Third Party in accordance with Section XIII (Third Party Sales and Transfers).
The Participants will share the consideration from jointly acquired Project Equipment transferred
or sold to a Third Party in the same ratio as costs are shared under this MOU.
8.12. Project Equipment which cannot be identified at the time of MOU signature will be
documented in a list to be developed and maintained by the Program Manager(s) in the format at
Appendix 1 to Annex A.
8.13. In accordance with Section XIII (Third Party Sales and Transfers), Project Equipment
will not be re-transferred by the receiving Participant to a Third Party without the prior written
consent of the providing Participant.
17
SECTION IX
DISCLOSURE AND USE OF PROJECT INFORMATION
9.1. General
9.1.1. The Participants recognize that successful collaboration depends on full and prompt
exchange of information necessary to carry out the Project and the use of its results. The nature
and amount of Project Information to be acquired will be in accordance with this MOU and in
particular Section II (Objectives), Section III (Scope of Work), and Section VI (Contractual
Arrangements). Subject to the intellectual property rights the Participants are accorded under
this MOU, title to Project Foreground Information generated by a Participant or its Contractor
will reside with that Participant and/or its Contractors, in accordance with that Participant's
national laws, regulations and policies.
9.2. Project Foreground Information
9.2.1. Disclosure: Project Foreground Information will be made available to each Participant
without charge.
9.2.2. Use: Each Participant may use or have used Project Foreground Information without
charge only for its Defense Purposes; use for any other purpose will be subject to the prior
written consent of the other Participant. The Participant generating such information will also
retain its rights of use thereto. The sale or other transfer to Third Parties of Project Foreground
Information is subject to the provisions of Section XIII (Third Party Sales and Transfers) of this
MOU. The Participants will acquire the legal rights to use Project Foreground Information
generated by Contractors for any Third Party sale or transfer.
9.3. Project Background Information
9.3.1. Disclosure: Each Participant, upon request, will disclose to the other Participant, any
relevant Project Background Information provided that:
9.3.1.1. Such Project Background Information is necessary to or useful in the Project, and the
Participant in possession of the information will determine whether it is "necessary to" or "useful
in" the Project;
9.3.1.2. Such Project Background Information may be made available without incurring liability
to holders of proprietary rights; and.
9.3.1.3. Disclosure is consistent with national disclosure policies and regulations of the
furnishing Participant.
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9.3.2. Use: Project Background Information disclosed by one Participant to the other may be
used without charge by the other Participant for Project purposes only; however, the furnishing
Participant will retain all its rights with respect to such Project Background Information.
9.4. Alternative Uses of Project Information
9.4.1. Any Project Background Information provided by one Participant will not be disclosed
or used by the other Participant except for the purposes set forth in this MOU, unless otherwise
consented to in writing by the providing Participant
9.4:2. The prior written consent of the other Participant will be required for the disclosure or
use of Project Foreground Information for purposes other than those provided for in this MOU.
9.5. Patents
9.5.1. Each Participant will include in its Project-related contracts a provision governing the
disposition of rights in regard to Project Inventions and Patent rights relating thereto, which
either,
9.5.1.1. Provides that the Participant will hold title to all Project Inventions together with the
right to make Patent application for the same, free of encumbrance from the Contractor; or
9.5.1.2. Provides that the Contractor will hold title (or may elect to retain title) for Project
Inventions together with the right to make Patent applications for the same, while securing for
the Participant a license for the Project Inventions, and any Patents therefor, on terms in
compliance with the provisions of paragraph 9.5.2. below.
9.5.2. In the event that a Contractor holds title (or elects to retain title) for a Project Invention,
the contracting Participant will secure for the Participants non-exclusive, irrevocable, royalty-
free licenses under all Patents secured for that invention, to practice or have practiced the
patented Project Invention for Defense Purposes throughout the world.
9.5.3. Where a Participant has or can secure the right to file a Patent application with regard to
a Project Invention, that Participant will consult the other Participant regarding the filing of such
Patent application. The Participant having such rights will in other countries, file, cause to be
filed, or provide the other Participant with the opportunity to file on behalf of the Participant
holding such rights, or its Contractors, as appropriate, Patent applications covering any such
Project Invention. If a Participant having filed or caused to be filed a Patent application decides
to stop prosecution of the application, that Participant will notify the other Participant of that
decision and permit the other Participant to continue the prosecution.
9.5.4. Each Participant will be furnished with copies of Patent applications filed and Patents
granted with regard to Project Inventions.
19
9.5.5. Each Participant will grant to the other Participant a non-exclusive, irrevocable, royalty-
free license under its Patents for Project Inventions, to practice or have practiced the Patent
Project Invention for Defense Purposes throughout the world.
9.5.6. Patent applications which contain Classified Information, to be filed under this MOU,
will 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, signed on 21 September 1960, and its
Implementing Procedures.
20
SECTION X
CONTROLLED UNCLASSIFIED INFORMATION
10.1. Except as otherwise provided in this MOU or authorized in writing by the originating
Participant, Controlled Unclassified Information provided or generated pursuant to this MOU
will be controlled as follows:
10.1.1. Such information will be used only for the purposes authorized for use of Project
Information as specified in Section IX (Disclosure and Use of Project Information).
10.1.2. Access to such information will be limited to personnel whose access is necessary for
the permitted use under subparagraph 10.1.1. above, and will be subject to the provisions of
Section XIII (Third Party Sales and Transfers).
10.13. Each Participant will 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. above, unless the originating
Participant 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 will be given to the originating Participant.
10.2. To assist in providing the appropriate controls, the originating Participant will ensure
that Controlled Unclassified Information is appropriately marked. The Program Manager(s) will
decide, in advance and in writing, on markings to be placed on the Controlled Unclassified
Information. The originating Participant will mark Controlled Unclassified Information provided
to the other Participant with a legend indicating the country of origin, the conditions of release
and the fact that it relates to this MOU and that it is supplied "in confidence" or the equivalent
marking.
10.3. Controlled Unclassified Information provided or generated pursuant to this MOU will
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 Contractor(s),
the Participants will ensure the Contractor(s) are legally bound to control such information in
accordance with the provisions of this Section.
21
SECTION XI
VISITS TO ESTABLISHMENTS
11.1. 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 the
respective Participant and the employees have appropriate security clearances and a need-to-know.
11.2. All visiting personnel will be required to comply with security regulations of the host
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.
11.3. 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 cite this MOU as the basis for the request.
11.4. Lists of personnel of a Participant required to visit, on a continuing basis, facilities of
the other Participant will be submitted through official channels in accordance with agreed
recurring international visit procedures.
22
SECTION XII
SECURITY
12.1. All Classified Information or classified Project Equipment provided for or generated
pursuant to this MOU will be stored, handled, transmitted and safeguarded in accordance with
the US/Canada General Security of Information Agreement of 30 January 1962, and the US-
Canada Industrial Security Agreement of 8 February 1985 and any amendments thereto.
12.2. Classified Information and material 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 and material will bear the
level of classification, denote the country of origin, the conditions of release, and the fact that the
information relates to this MOU.
12.3. Each Participant will ensure in a manner consistent with its laws and regulations that
Classified Information provided or generated pursuant to this MOU is protected from further
disclosure, except as permitted by paragraph 12.8., unless the other Participant consents to such .
disclosure. Accordingly, each Participant will ensure that:
12.3.1. The recipient will 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
Participant in accordance with the procedures set forth in Section XIII (Third Party Sales and
Transfers);
12.3.2. The recipient will not use the Classified Information for other than the purposes
provided for in this MOU;
12.3.3. The recipient will comply with any distribution and access restrictions on information
that is provided under this MOU; and
12.3.4. The Participants will investigate all cases in which it is known or where there are
grounds for suspecting that Classified Information or material provided or generated pursuant to
this MOU has been lost or disclosed to unauthorized persons. Each Participant also will
promptly and fully inform the other Participant of the details of any such occurrences, and of the
final results of the investigation and of the corrective action taken to preclude recurrences.
12.4. The Project Manager(s) will prepare a Project Security Instruction and a Classification
Guide for the Project. The Project Security Instruction and the Classification Guide will describe.
the methods by which Project Information and material will be classified, marked, used,
transmitted, and safeguarded. The Instruction and the Guide will be developed by the Project
Manager within three months after this MOU enters into effect. They will be reviewed and
forwarded to the Participants' DSAs for approval and will be applicable to all government and
Contractor personnel participating in the Project. The Classification Guide will be subject to
regular review and revision with the aim of downgrading the classification whenever this is
23
appropriate. The Project Security Instruction and the Classification. Guide will be approved by
the appropriate DSA prior to the transfer of any Classified Information or Controlled
Unclassified Information.
12.5. The DSA of the country in which a classified contract is awarded pursuant to this MOU
will assume responsibility for administering withinits territory security measures for the
protection of the Classified Information, in accordance with its laws and regulations. Prior to the
release to a Contractor, prospective Contractor, or subcontractor of any Classified Information
received under this MOU, the DSAs will:
12.5.1. Ensure that such Contractor, prospective Contractor, or subcontractors and their
facilities have the capability to protect the Classified 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 Classified
Information, if appropriate.
12.5.4. Ensure that all persons having access to the Classified Information are informed of their
responsibilities to protect the Classified Information in accordance with national security laws
and regulations, and the provisions of this MOU.
12.5.5. Carry out periodic security inspections of cleared facilities to ensure that the Classified
Information is properly protected.
12.5.6.. Ensure that access to the Classified Information is limited to those persons who have a
need-to-know for purposes of this MOU.
12.6. 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 MOU only when enforceable measures are in
effect to ensure that nationals or other entities of a Third Party will 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 respective Participant will be consulted for approval prior to
permitting such access.
12.7. For any facility wherein Classified Information or material is to be used, the responsible
Participant or Contractor will approve the appointment of a person or persons to exercise
effectively the responsibilities for safeguarding at such a facility the information or material
pertaining to this MOU. These officials will be responsible for limiting access to Classified
Information or material involved in this MOU to those persons who have been properly approved
for access and have a need-to-know.
24
12.8. Each Participant will ensure that access to the Classified Information is limited to those
persons who possess requisite security clearances and have a specific need for access to the
information in order to participate in this MOU.
12.9. Information or material provided or generated pursuant to this MOU may be classified
as high as SECRET. The existence of this MOU is Unclassified and the contents are
Unclassified.
. 25
SECTION XIII .
THIRD PARTY SALES AND TRANSFERS
13.1. The Participants will not sell, transfer title to, disclose, or transfer possession of Project
Foreground Information, or jointly acquired or produced Project Equipment, to any Third Party
without the prior written consent 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 other Participant. Such consent will not be given unless the government of
the intended recipient consents in writing with the Participants that it will:
13.1.1. Not retransfer, or permit the further retransfer 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 Participants.
13.2. A Participant will not sell, transfer title to, disclose, or transfer possession of Project
Equipment or Project Background Information provided by the other Participant to any Third
Party without the prior written consent of the Participant which provided such equipment or
information. The providing Participant will be solely responsible for authorizing such transfers
and, as applicable, specifying the method and conditions for implementing such transfers.
26
SECTION XIV
LIABILITY AND CLAIMS
14.1. Claims arising under this MOU will be dealt with under paragraph lb of the
Agreement Between the Government of the United States of America and the Government of
Canada Concerning the Establishment of Certain Mutual Defense Commitments, signed August
19, 1994.
27
SECTION XV
CUSTOMS DUTIES, TAXES AND SIMILAR CHARGES
15.1. Customs duties, import and export taxes and similar charges will be administered in
accordance with each Participant's respective laws and regulations. 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.
15.2. Each Participant will use its best efforts to ensure that customs duties, import and
export taxes, and similar charges are waived or otherwise administered in a manner favorable to
the efficient and economical conduct of the work. If any such duties, taxes, or similar charges
are levied, the Participant in whose country they are levied will bear such costs.
28
SECTION XVI
SETTLEMENT OF DISPUTES
16.1. 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.
29
SECTION XVII
AMENDMENT, TERMINATION, ENTRY INTO EFFECT AND DURATION
17.1. All responsibilities of the Participants under this MOU will be carried out in accordance
with their national laws. Any responsibilities that require the expenditure of funds will be
subject to the availability of appropriated funds for such purposes.
17.2. Annexes to this MOU are an integral part hereof. In the event of a conflict between a
Section of this MOU and any Annex to this MOU, the MOU Section will control.
17.3. This MOU may only be amended by the mutual written consent of the Participants.
Annexes to this MOU may be amended by the written approval of the SC on behalf of the
Participants, after having secured appropriate national approval.
17.4. This MOU may be terminated at any time upon the mutual written consent of the
Participants: In the event both Participants consent to terminate this MOU, the Participants will
consult prior to the date of termination to ensure termination on the most economical and
equitable terms.
17.5. Either Participant may terminate this MOU upon 90 days written notification to the
other Participant. Such notice will be the subject of immediate consultation by the SC to decide
upon the appropriate course of action. In the event of such termination, the following rules
apply:
17.5.1. The terminating Participant will continue its participation, financial or otherwise, up to
the effective date of termination;
17.5.2. Each Participant will pay the costs it incurs as a result of termination; and
17.5.3. All Project Information and rights therein received under the provisions of this MOU
prior to the termination will be retained by the Participants, subject to the provisions of this
MOU.
17.6. The respective rights and responsibilities of the Participants regarding Section VIII
(Project Equipment), Section IX (Disclosure and Use of Project Information), Section X
(Controlled Unclassified Information), Section XII (Security), Section XIII (Third Party Sales
and Transfers), and Section XIV (Liability and Claims), will continue notwithstanding
termination or expiration of this MOU.
17.7. This MOU, which consists of 17 Sections and 2 Annexes, will enter into effect upon
signature by both Participants and will remain in effect for fifteen years, unless earlier terminated
or superseded by the provisions of the O&M MOU. It may be extended by the mutual written
consent of the Participants.
30
The foregoing represents the understandings reached between the Department of Defense of the
United States of America and the Department of National Defence of Canada upon the matters
referred to therein.
SIGNED in duplicate..
FOR THE DEPARTMENT OF DEFENSE OF FOR THE DEPARTMENT OF NATIONAL
THE UNITED STATES OF AMERICA:
Signature
Arthur L. Money
Assistant Secretary of Defense
(Command, Control, Communications and Intelligence)
Date
Location
DEFENCE OF CANADA:
Signature
Howard C. Dickson
Assistant Deputy Minister
Information Management
16th November 1999
Date
Location
31
ANNEX A TO THE
MEMORANDUM OF UNDERSTANDING
BETWEEN THE
DEPARTMENT OF DEFENSE
OF THE UNITED STATES OF AMERICA
AND THE
DEPARTMENT OF NATIONAL DEFENCE
OF CANADA
CONCERNING
DEVELOPMENT, DOCUMENTATION,
PRODUCTION AND INITIAL FIELDING OF
MILITARY SATELLITE COMMUNICATIONS
(MILSATCOM)
RELATING TO
THE ADVANCED EXTREMELY HIGH
FREQUENCY PROJECT
1
1.0. Introduction
1.1. This is an Annex to the Memorandum of Understanding (MOU) between the
Department of Defense of the United States of America and the Department of National
Defence of Canada concerning Development, Documentation, Production and Initial
Fielding of Military Satellite Communications (MILSATCOM). This Annex relates to
the Advanced Extremely High Frequency (AEHF) Project and provides the details of the
system description and resource sharing provisions for integrating the DND requirements
into the DOD MILSATCOM architecture. It is acknowledged that while DND's
investment was determined based on a static requirement, there will arise operational
situations that could change how the DND requirements are distributed within the DOD
MILSATCOM constellation.
2.0. System Description
2.1. The AEHF Program will deliver a four satellite constellation, plus one spare, That
will replenish the existing Milstar satellites. The AEHF Program will provide a new
space segment plus the mission control segment for survivable, jam-resistant, worldwide,
secure communications for the strategic and tactical warfighter. The AEHF Program will
utilize as much commercial off-the-shelf technology as possible and will ensure that the
technology development produces a satellite that can be launched on a medium-class
launch vehicle. The projected launch schedule is 2006 for satellite 1, 2007 for satellites 2
and 3, and 2008 for satellites 4 and 5. The satellite service dates are contingent on the
DOD satellite communications operational manager (SOM) declaring them operational.
2.2. The AEHF system will be DOD owned and operated. The DOD will have full
operational control over the AEHF constellation and perform all satellite control
functions. Satellite resources will be apportioned to the DND; the DND will control
these resources. DND control of their apportioned satellite resources will be outlined in
the O&M MOU and Annexes.
3.0. Resource Sharing Provisions
3.1. Baseline Apportionment
3.1.1. In return for the DND portion of the total investment identified in Section V
(Financial Arrangements) of the MOU, the DND will have Assured Access (subject to -
paragraphs 3.3. and 3.4. of this Annex) to the MILSATCOM payload resources identified
below. The resources described in the paragraphs below will form the DND Baseline
Apportionment of the resources on the satellites. These resources will be assigned for
DND use through the US AEHF planning and apportionment process. This process does
not modify DND's Baseline Apportionment (i.e., the resources are separate and distinct
from the resources apportioned to the CINCs). The internal management of the assigned
Baseline Apportionment resources will be the responsibility of the DND. The resource
quantities are based on the DOD notional design for the AEHF system. It is understood
2
that the DND baseline resources are adequate to fully meet DND's communications
throughput requirements only in the least robust mode. A strong jammer may cause the
DND to make adjustments to the way in which the DND apportioned resources are used.
The Baseline Apportionment cannot be adjusted to accommodate a stressed environment,
except as provided for in paragraph 3.2.. It is understood that the Baseline
Apportionment will be adjusted based on the final operational performance delivered by .
the AEHF development/production Contractor to comply with the percentages identified
in the paragraphs below.
3.1.1.a. After approval by the Project Team Leader and System Program Director, this
Annex will be updated to reflect the new quantities. The Baseline Apportionment does
not include a nulling antenna. The DND will have access to DOD milling and/or other
uplink antennas subject to DOD decisions on coverage of forces during coalition
operations. The Baseline Apportionment will be provided to the DND and implemented
in the form of a defined AEHF resource fence.
3.1.1.b. A fence consists of a quota for each of the resource pools per satellite. For each
satellite, communication resources are divided into pools of resource types: one pool of
steerable antenna beams; one pool of uplink channels per each uplink antenna beam; one
pool of downlink resources (hops) per downlink channel; and one pool of crosslink
resources (slots) per crosslink with inbound and outbound resources in separate pools.
The Baseline Apportionment will include the Transmission Security (TRANSEC) keys
required for accessing the satellite.
3.1.1.c. The DND will use their apportioned resources without interfering with DOD
users. The steerable antenna beam included in the Baseline Apportionment may be
capable of being used in a shared mode by providing users located in geographically
dispersed areas with a transmission duty cycle of 25% or more. This capability will
effectively enable four geographically dispersed DND users to share one beam within the
same transmission frame. This capability is known as "quarter-frame beams".
3.1.1.d. The resources described in 3.1.1.1. through 3.1.1.4. are based on a total resource
pool per satellite of 3 low data rate (LDR) supergroups (144 usable channels), 56 medium
data rate (MDR) channels, 16 uplink beams, and 5 downlinks (1450 available downlink
hops).
3.1.1.1. Region 1 (CONUS-90W):
Satellite resources percentage: 6.25%. This equates to 9 AEHF uplink LDR channels,
3.5 AEHF uplink MDR channels, 91 downlink hops, and sufficient crosslink slots from
90W to 4E to support approximately 11 Mbps total crosslink capacity, and sufficient
crosslink slots from 90W to 177E to support approximately 3 Mbps total crosslink
capacity.
4 quarter-frame uplink "beams".
3
3.1.1.2. Region 2 (Europe/Africa-4E):
Satellite resources percentage: 6.25%. This equates to 9 AEHF uplink LDR channels,
3.5 AEHF uplink MDR channels, 91 downlink- ops, and sufficient crosslink slots from
4E to 90W to support approximately 11 Mbps total crosslink capacity, and sufficient
crosslink slots from 4E to 90E to support approximately 6 Mbps total crosslink capacity.
4 quarter-frame uplink "beams"

3.1.1.3. Region 3 (Indian Ocean-90E):
Satellite resources percentage: 3.125%. This equates to 4.5 AEHF uplink LDR channels,
1.75 AEHF uplink MDR channels, 46 downlink hops, and sufficient crosslink slots from
90E to 4E to support approximately 6 Mbps total crosslink capacity, and sufficient
crosslink slots from 90E to 177E to support approximately 3 Mbps total crosslink
capacity.
2 quarter-frame uplink "beams" •

3.1.1.4. Region 4 (Pacific-177E): .
Satellite resources percentage: 1.56%. This equates to 2.25 AEHF uplink LDR channels,
.88 AEHF uplink MDR channels, 23 downlink hops, and sufficient crosslink slots from
177E to 90E to support approximately 3 Mbps total crosslink capacity, and sufficient
crosslink slots from 177E to 90W to support approximately 3 Mbps total crosslink
capacity.
1 quarter-frame uplink. "beam"

3.1.1.5. In addition, the DND will receive acquisition and control resources in order to
manage their apportionment. These acquisition and control resources will include
defined sets of identification numbers for the terminals; communication service
identification numbers; and acquisition services. A subset of the DND terminals will be
identified as privileged terminals. Privileged terminals will be used by the DND to
control their apportioned resources.
3.1.1.6. Within their apportioned resources, the DND may use the resources as
required to meet national priorities. The management of resources, DND terminal
populations and DND networks is the sole responsibility of the DND. To aid in
coordination, the DND will routinely (as will be defined in the O&M MOU) notify the .
DOD operational manager of the status of the DND resources. The DOD will procure
and provide to the DND communication management and network control capability
tools to manage the DND resources. Modifications to these tools will occasionally be
required to maintain currency with the state of the AEHF constellation. Costs associated
with such modifications to these tools are the responsibility of the DND..
4
3.1.2. If the DOD must make operational changes to the status of the AEHF
constellation, the DOD, in coordination with the DND, has the option to provide the
capability equivalent to that listed in 3.1.1. on Milstar I or Milstar II satellites.
3.1.3. If one or more satellites of the Protected Constellation must be re-initialized due
to external factors, it may cause an outage to certain DND and DOD communication
services. The affected communication services will be automatically deactivated without
ground notification. The satellite will be ready to be accessed by the DND users after re-
initialization is complete. The outage time will be based on the final operational
performance delivered by the AEHF development/production Contractor. Recovery time
for DND communications services will be consistent with the recovery time provided to
DOD tactical networks.
3.2. Changes to-Baseline Apportionment
3.2.1. It is anticipated that occasionally the DND may require variations in resources
from those listed in the Baseline Apportionment. By virtue of having invested as a
partner in the AEHF system, the DND is authorized to request changes in its
apportionment from the DOD SOM and the DOD Joint Staff While such requests are
not guaranteed approval, every effort will be made to accommodate DND requests.
Approval may require a credit to the DOD of an equivalent amount of DND resources at
a future time. Operational procedures will be defined in the O&M MOU.
3.2.2. It is anticipated that occasionally the DOD may require variations in resources
from those listed in the Baseline Apportionment. While such requests are not guaranteed
approval, the DND will make every effort to accommodate DOD requests. Approval may
require a credit to the DND of an equivalent amount of DOD resources at a future time.
Operational procedures will be defined in the O&M MOU.
3.23. One of the purposes of this Annex is to ensure interoperability between US and
Canadian forces during coalition operations. Resources provided by either Participant for
coalition operations require no "payback" or "quid-pro-quo". Operational procedures
will be defined in the O&M MOU.
3.2.4. US operational priorities and considerations may require the DOD SOM to place
the satellites in orbital slots that are different from those identified in paragraph 3.1. If
this occurs then the DOD will coordinate with the DND to a) maintain the Baseline
Apportionment as identified in subparagraphs 3.1.1.1., 3.1.1.2., 3.1.1.3., and 3.1.1.4.,
which will require DND terminals be under the field of view of the repositioned
satellite(s) to access the DND resources or b) reapportion the DND Baseline
Apportionment to other DOD EHF satellites in a manner that best approximates the
resource usage identified in subparagraphs 3.1.1.1., 3.1.1.2., 3.1.1.3., and 3.1.1.4..
5
3.3: Anomaly Investigation — Canadian Capacity
3.3.1. The DOD will support DND requests to resolve anomalous behavior of the AEHF
satellites in a timely manner, as will be described in the O&M MOU. During anomaly
resolution and investigation, the Baseline Apportionment may not be available. If it is
determined that AEHF satellite degradation has occurred, paragraph 3.4. below will
apply.
3.4. Satellite Degradation
3.4.1. The DND accepts proportionate risk of capacity loss due to launch and/or satellite
failures and/or unexpected technical development delays. As the AEHF satellites degrade,
the Baseline Apportionment of resources will be proportionately reduced from the levels
identified in paragraph 3.1. above, unless the DOD elects to reduce the DND resources by
a lesser amount.
3.4.2. Loss of an AEHF satellite (on orbit or at launch) will represent a permanent loss
of resources unless the spare AEHF satellite is available. A launch delay or technical
delay will result in a delay of the delivery of that satellite's capability. Loss of a satellite
in the Protected Constellation, other than AEHF, will not degrade the Baseline
Apportionment.
6
APPENDIX 1 TO ANNEX A
SAMPLE FORMAT FOR PROJECT EQUIPMENT
Project Equipment to be loaned will be listed in a supplement to this Annex in the
following format.
Providing Receiving
Participant(s) Participant(s)
Qty Description
Part/
Stock N
Consumables/ Approx Loan
Non-Consumables Value Period
The supplement will be prepared by the Program Manager for signature by
the Steering Committee after appropriate national approvals have been
obtained. The supplement will be an integral part of this Annex.
7
ANNEX B TO THE
MEMORANDUM OF UNDERSTANDING
BETWEEN THE
DEPARTMENT OF DEFENSE
OF THE UNITED STATES OF AMERICA
AND THE
DEPARTMENT OF NATIONAL DEFENCE
OF CANADA
CONCERNING
DEVELOPMENT, DOCUMENTATION,
PRODUCTION AND INITIAL FIELDING OF
MILITARY SATELLITE COMMUNICATIONS
(MILSATCOM)
RELATING TO
THE EXCHANGE OF COOPERATIVE PROJECT
PERSONNEL
1
1.0. Introduction and Definitions
1.1. The following provisions will apply to individuals assigned to the government
facilities of the other Participant to serve as Cooperative Project Personnel (CPP) under
the "Memorandum of Understanding Between The Department of Defense of The United
States of America and The Department of National Defence of Canada Concerning
Development, Documentation, Production and Initial Fielding of Military Satellite
Communications (MILSATCOM)," hereinafter referred to as "the MOU." Prior to
exchange of personnel, specific position descriptions must be agreed upon by both
Participants.
1.2. In addition to any terms defined in the MOU, the following terms will have the
following meanings when used in this Annex:
1.2.1. "Contact Officer" will mean the official(s) of the Host Participant designated in
writing to oversee and control all contacts, requests for information, consultations, access,
and other activities of CPP who are assigned hereunder.
1.2.2. "Host Government" will mean the national government of the Host Participant.
1.2.3. "Host Participant" will mean the Participant to which the CPP is assigned
pursuant to a placement by a Parent Participant under Section 3.
1.2.4. "International Visit Program (IVP)" will mean the program established to process
visits by, and assignments of, foreign representatives to United States Department of
Defense Components and Department of Defense contractor facilities. The IVP is
designed to ensure the Classified and Controlled Unclassified Information to be disclosed
to foreign nationals has been properly authorized for disclosure to their governments; that
the requesting foreign government provides a security assurance on such foreign
nationals and their sponsoring organization or firm when Classified Information is
involved in the visit or assignment; and that administrative arrangements (e.g., date, time
and place) for the visit or assignment are provided.
1.2.5. "Cooperative Project Personnel (CPP)" will mean military member(s) or civilian
employee(s) of a Parent Participant who, upon approval or certification of the Host
Participant or Government, perform professional administrative, contracting, logistics,
financial, planning or other support functions in furtherance of the MILSATCOM
program.
1.2.6. "Parent Government" will mean the national government of the Parent
Participant.
1.2.7. "Parent Participant" will mean the Participant that assigns CPP pursuant to
Section 3.0.
2
2.0. Scope
2.1. This Annex establishes the provisions by which the Participants will assign CPP
in support of the MILSATCOM Program. During the term of the MOU, subject to the
mutual approval of the Participants, each Participant may assign military members or
civilian employees of its armed forces to serve as a CPP to the other Participant in
accordance with the terms hereof.
2.2. Commencement of such a placement by the Parent Participant will be subject to .
any requirements that may be imposed by the Host Participant or its government
regarding formal certification or approval of CPP. CPP to be placed by their Parent
Participant to locations in the United States will be processed pursuant to the NP.
2.3. Unless otherwise agreed, the normal tour of duty for a CPP will be three years.
2.4. The CPP will not act in a liaison capacity. The CPP will perform duties as
mutually determined by the Participants.
3.0. Duties and Activities
3.1. The CPP will not perform duties reserved by the laws or regulations of the Host
Government for officers or employees the Host Government.
3.2. The CPP will be required to comply with all applicable Host Government
policies, procedures, laws and regulations. The Host Participant will assign a Contact
Officer to provide guidance to the CPP concerning policies, procedures, laws and
regulations of the Host Participant, and to arrange for activities consistent with such
requirements and the purposes of the MOU.
3.3. The CPP may request access to Host Participant facilities by submitting a request
to the Contact Officer. Access to Host Participant facilities may be granted if such access
promotes the purposes of the MOU, is consistent with the terms of any applicable
certification or approval issues by the Host Government, and is permitted under the
applicable policies, procedures, laws and regulations of the Host Government. Approval
of such requests will be at the discretion of the Host Participant. Any request for access
that exceeds the terms of an applicable certification or approval will require separate
approval.
3.4. The CPP will not be granted access to technical data or other information of the
Host Participant, whether or not classified, except as authorized by the Host Participant in
accordance with the MOU.
3.5. All Project Information to which the CPP is granted access will be treated as
information provided to the Parent Government, and will be subject to the provisions of
Section IX (Disclosure and Use of Project Information), Section X (Controlled
3
Unclassified Information), Section XII (Security) and Section XIII (Third Party Sales and
Transfers) of the MOU.
3.6. The CPP will not be permitted to participate in exercises, deployments, or civil-
military actions, unless expressly authorized to do so by both the Host and Parent
Participants.
3.7. The CPP will be required to comply with the dress regulations of the Parent
Participant but, if requested by the Host Participant, will also wear such identification
necessary to identify the CPP's nationality, rank and status as a CPP. The order of dress
for any occasion will be that which most closely conforms to the order of dress for the
particular organization of the Host Participant where the CPP are located. The CPP will
be required to comply with the practices of the Host Participant with respect to the
wearing of civilian clothing.
3.8. Prior to the commencement of a CPP's tour, the Parent Participant will notify the
Host Participant of the specific Parent Participant organization which will exercise
operational control over the CPP and, if different, the Parent Participant organization that
will provide administrative support to the CPP and the CPP's dependents.
3.9. At the end of a CPP's tour, or as otherwise mutually approved by the Participants,
the Parent Participant may, subject to the provisions of paragraph 3.3., replace the CPP
with another individual who meets the requirements of the MOU.
4.0. Financial Arrangements
4.1. The Parent Participant will bear all costs and expenses of the CPP, including, but
not limited to:
4.1.1. All pay and allowances of the CPP.
4.1.2. All official travel by the CPP and the CPP's dependents, including, but not
limited to travel to and from the country of the Host Participant, except as provided in
paragraph 4.2.
4.1.3. All costs and expenses associated with the placement of the CPP and the CPP's
dependents within the Host Participant's country, including travel, quarters, rations,
medical and dental services, unless specifically stated otherwise in an applicable
international MOU.
4.1.4. Compensation for loss of, or damage to, the personal property of the CPP, or the
personnel property of the CPP's dependent(s).
4.1.5. The movement of the household effects of the CPP and the CPP's dependent(s).
4
4.1.6. Preparation and shipment of remains and funeral expenses associated with the
death of the CPP or the CPP's dependent(s).
4.1.7. All expenses in connection with the return of the CPP whose assignment has
ended or been terminated, along with the CPP's dependent(s),
4.2. The Host Participant will provide the CPP with such office facilities, equipment,
supplies and services as may be necessary to fulfill the purposes of the MOU. The cost of
any CPP training to familiarize, orient, or certify the CPP regarding unique aspects of
their assignment to the Host Participant will be a Host Participant responsibility. When
the Host Participant directs official temporary duty travel for the CPP, it will bear the cost.
of such travel.
5.0. Security
5.1. The Host Participant will establish the maximum substantive scope and
classification levels within which the disclosure of any Classified Information or
Controlled Unclassified Information to the CPP will be permitted. The Host Participant
will inform the Parent Participant of the level of security clearance required to permit the -
CPP access to such information. The CPP's access to such information and facilities will
be consistent with, and limited by, the terms of their placement, the provisions of this
Annex, the MOU and any other arrangements between the Participants or their
governments concerning access to such information and facilities. Further, access will at
all times be limited to the minimum required to accomplish the purposes of the MOU,
and, at its discretion, the Host Participant may prohibit the CPP's right of access to any
Host Participant facility or require that such access be supervised by Host Participant
personnel.
5.2. Each Participant will cause security assurances to be filed, through the US
Embassy, Ottawa, Canada, in the case of DOD personnel, and through the Canadian
Embassy in Washington, D.C., United States of America, in the case of DND personnel,
stating the security clearances for the CPP being assigned by such Participant. The
security assurances will be prepared and forwarded through prescribed channels in
compliance with established Host Participant procedures. For the DOD, the prescribed
channels will be the IVP.
5.3. The Parent Participant will ensure that each assigned CPP is cognizant of, and .
complies with, applicable laws and regulations concerning the protection of proprietary
information (such as patents, copyrights, know-how and trade secrets), Classified
Information and Controlled Unclassified Information disclosed to the CPP. This
obligation will apply both during and after termination of an assignment of a CPP. Prior
to taking up duties as a CPP, the CPP will be required to sign the certification at
Appendix 1 to this Annex. Only individuals who execute the certification will be
permitted to serve as CPP.
5
5.4. The Parent Participant will ensure that the CPP, at all times, complies with the
security laws, regulations and procedures of the Host Government. Any violation of
security procedures by a CPP during his or her assignment will be reported to the Parent
Participant for appropriate action. Upon request by the Host Participant, the Parent
Participant will remove any CPP who violates security laws, regulations, or procedures
during his or her assignment.
5.5. The CPP will not take custody of Classified Information or Controlled
Unclassified Information in tangible form (for example, documents or electronic files),
except as expressly permitted by the terms of the Host Participant certification of the
CPP, and as requested in writing by the Parent Government, for the following situation:
5.5.1. Couriers. The CPP may take custody of Classified Information to perform courier
functions when authorized by the Host Participant certification for the CPP. The
Classified Information will be packaged and receipt acknowledged in compliance with
Host Participant policy.
6.0. Technical and Administrative Matters
6.1. The Host Participant's certification or approval of an individual as a CPP will not
bestow diplomatic or other special privileges on that individual.
6.2. To the extent authorized by the laws and regulations of the Host Government, and
in accordance with Section 5.0., the Host Participant may provide such administrative
support as is necessary for the CPP to fulfill the purposes of the MOU.
6.3. Exemption from taxes, customs or import duties or similar charges for the CPP or
the CPP's dependents will be governed by applicable laws and regulations or applicable
international agreement between the Host Government and the Parent Government.
6.4. CPP may observe the holiday schedule of either the Parent Participant or the Host
Participant as mutually acceptable.
6.5. The Participants will determine working hours for CPP that are consistent with
the customs and requirements of both Participants. CPP will have performance
evaluations rendered in accordance with the applicable Parent Participant regulations.
6.6. Any medical and dental care that may be provided to CPP and their dependents at
the Host Participant medical facilities, will be subject to the requirements of the laws, and
regulations of the government of the Host Participant, including reimbursement when
required by such laws and regulations.
6.7. The CPP and the CPP's dependents may be accorded the use of military
commissaries, exchanges, theaters and similar morale and welfare activities in accordance
with the laws and regulations of the Host Participant.
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6.8. To the extent permitted by the laws and regulations of the Host Government, and
subject to reimbursement by the Parent Participant, the Host Participant may provide, if
available, housing and messing facilities for the CPP and CPP's dependents on the same
basis and priority as for its own personnel of comparable rank and assignment. At
locations where housing and messing facilities are not provided by the Host Participant,
the Host Participant will use reasonable efforts to assist the Parent Participant to locate
such facilities for the CPP and the CPP's dependents.
6.9. The Parent Participant will ensure that the CPP and the CPP's dependents have all
documentation required by the Host Government for entry into and exit from, the country
of the Host Government at the time of such entry and exit. Unless exempted under an
applicable international agreement between the Participants, CPPs and their authorized
dependents entering the United States will be required to comply with the United States
Customs Regulations.
6.10. The Parent Participant will ensure that the CPP and those dependents
accompanying the CPP in the country of the Host Participant will obtain motor vehicle
liability insurance coverage for their private motor vehicles in accordance with applicable
laws and regulations of the Host Government, or the political subdivision of the country
of the Host Participant in which the CPP are located.
7.0. Discipline and Removal
7.1. Neither the Host Participant nor the armed forces of the Host Government may
take disciplinary action against a CPP who commits an offense under the military laws or
regulations of the Host Participant, nor will the Host Participant exercise disciplinary
powers over the CPP's dependents. The Parent Participant, however, will take such
administrative or disciplinary action against the CPP as may be appropriate under the
circumstances to ensure compliance herewith. The Participants will cooperate in the
investigation of any offenses committed by the CPP under the laws or regulations of
either Participant.
7.2. The certification or approval of a CPP may be withdrawn, modified or curtailed at
any time by the Host Participant for any reason, including, but not limited to, the
violation of the regulations or laws of the Host Participant or the Host Government. In
addition, at the request of the Host Participant, the Parent Government will remove the
CPP or a dependent of the CPP from the territory of the Host Government. The Host
Participant will provide an explanation for a removal request, but a disagreement between
the Participants concerning the sufficiency of the Host Participant's reasons will not be
grounds to delay the removal of the CPP.
7.3. A CPP will not exercise any disciplinary or official supervisory authority over
military or civilian personnel of the Host Participant.
7
7.4. The Parent Participant will ensure that the CPP complies with all obligations and
restrictions applicable to the CPP hereunder.
8
APPENDIX I TO ANNEX B

CERTIFICATION OF CONDITIONS AND RESPONSIBILITIES
FOR COOPERATIVE PROJECT PERSONNEL

I understand and acknowledge that I have been accepted for assignment to (insert name
and location of Project to which assigned) pursuant to the Memorandum of
Understanding (MOU) between the Department of Defense of the United States of
America and the Department of National Defence of Canada Concerning Development,
Documentation, Production And Initial Fielding Of Military Satellite Communications
(MILSATCOM). Capitalized terms in this certification have the meanings defined in the
MOU. In connection with this assignment, I further understand, acknowledge, and certify
that I shall comply with the following conditions and responsibilities:
1. The purpose of the assignment is to provide my expertise to the Project. There
shall be no access to information except as required to perform the duties described in the
position description (PD) of the position to which I am assigned, as determined by my
designated supervisor.
2. I shall perform only functions which are properly assigned to me as described in
the PD for my assignment and shall not act in any other capacity to the Host Participant
on behalf of my government or my Parent Participant.
3. All Project Information to which I may have access during this assignment shall
be treated as information provided to my government in confidence and shall not be
further released or disclosed by me, except as authorized by the MOU.
4. When dealing with individuals outside of my immediate office of assignment on
official matters, I shall inform such individuals that I am a foreign Cooperative Project
Person.
5. I have been briefed on, understand, and shall comply with all applicable security
regulations concerning the protection of proprietary information (such as patents,
copyrights, know-how and trade secrets), Classified Information and Controlled
Unclassified Information.
6. I shall immediately report to my designated supervisor all attempts to obtain
classified, proprietary or Controlled Unclassified Information to which I may have access
as a result of this assignment.
(Typed Name) (Signature)
(Rank/Title) (Date)
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