DEFENSE Joint Strike Fighter Program
TREATIES AND OTHER INTERNATIONAL ACTS SERIES 14-717DEFENSEJoint Strike Fighter ProgramMemorandum of Understanding Between theUNITED STATES OF AMERICAand OTHER GOVERNMENTSSigned at High Wycombe, The Hague, Breda,Washington, and Canberra July 7, 11, 17, and 21, 2014withAnnexes
NOTE BY THE DEPARTMENT OF STATEPursuant to Public Law 89—497, approved July 8, 1966(80 Stat. 271; 1 U.S.C. 113)—“. . .the Treaties and Other International Acts Series issuedunder the authority of the Secretary of State shall be competentevidence . . . of the treaties, international agreements other thantreaties, and proclamations by the President of such treaties andinternational agreements other than treaties, as the case may be,therein contained, in all the courts of law and equity and of maritimejurisdiction, and in all the tribunals and public offices of theUnited States, and of the several States, without any further proofor authentication thereof.”
MULTILATERALDefense: Joint Strike Fighter ProgramMemorandum of understanding signed atHigh Wycombe, The Hague, Breda, Washington,and Canberra July 7, 11, 17, and 21, 2014;Entered into force July 17, 2014.With annexes.
MEMORANDUM OF UNDERSTANDINGAMONG THEDEPARTMENT OF DEFENCE OF AUSTRALIAAND THEMINISTER OF DEFENCE OF THE KINGDOM OF THENETHERLANDSAND THESECRETARY OF STATE FOR DEFENCE OF THEUNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELANDANDTHESECRETARY OF DEFENSE ON BEHALF OF THE DEPARTMENT OF DEFENSEOF THE UNITED STATES OF AMERICACONCERNINGCOOPERATIVE INITIAL OPERATIONAL TEST AND EVALUATIONOF THE F-35 LIGHTNING II JOINT STRIKE FIGHTER(Short Title - F-35 IOT&E MOU)
TABLE OF CONTENTSINTRODUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4SECTION IDEFINITIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6SECTION IIOBJECTIVES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13SECTION IIISCOPE OF WORK . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14SECTION IVMANAGEMENT (ORGANIZATION AND RESPONSIBILITY). . . . . . . . . . . 16SECTION VFINANCIAL PROVISIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21SECTION VICONTRACTING PROVISIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25SECTION VIIPROJECT EQUIPMENT AND JOINTLY ACQUIRED EQUIPMENT . 28SECTION VIIIDISCLOSURE AND USE OF PROJECT INFORMATION . . . . . . . . . . . . . . . 3 0SECTION IXCONTROLLED UNCLASSIFIED INFORMATION . . . . . . . . . . . . . . . . . . . . 39SECTION XVISITS TO ESTABLISHMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41SECTION XISECURITY . . . . . . . . . . ·. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42SECTION XIITHIRD PARTY SALES AND TRANSFERS . . . . . . . . . . . . . . . . . . . . . . . . . 46SECTION XIIILIABILITY AND CLAIMS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 8SECTION XIVCUSTOMS DUTIES, TAXES, AND SIMILAR CHARGES . . . . . . . . . . . . . . 50SECTION XVSETTLEMENT OF DISPUTES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 512
SECTION XVILANGUAGE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52SECTION XVIIAMENDMENT, WITHDRAWAL, TERMINATION, ENTRY INTO EFFECT,AND DURATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53ANNEX ACOOPERATIVE PROJECT PERSONNEL . . . . . . . . . . . . . . . . . . . . . . . . . . 57ANNEX BSAFETY, AIRWORTHINESS, AND MISHAP INVESTIGATIONRESPONSIBILITIES. . . . . . . . . . . . . . . . . 703NOTE:It is noted that some page numbers listed in Table of Contents are off from actual page numbers in text.
INTRODUCTIONThe Department of Defence of Australia (AUS DOD) , the Ministerof Defense of the Kingdom of the Netherlands (NL MOD), theSecretary of State for Defence of the United Kingdom of GreatBritain and Northern Ireland (UK MOD), and the Secretary ofDefense on behalf of the Department of Defense of the UnitedStates of America (U.S. DoD), hereinafter referred to as the"Participants":Having a common interest in defense;Recognizing the benefits to be obtained from internationalcooperation regarding standardization, rationalization, andinteroperability of military equipment;Desiring to improve their mutual conventional defensecapabilities through the application of emerging technology;Recognizing the Participants' cooperation under the Memorandumof Understanding (MOU) among the Department of Defence ofAustralia, and the Minister of National Defence of Canada andthe Ministry of Defence of Denmark and the Ministry of Defenceof the Republic of Italy and the State Secretary of Defence ofthe Kingdom of the Netherlands and the Ministry of Defence ofthe Kingdom of Norway and the Undersecretariat for DefenseIndustries on behalf of the Ministry of National Defense of theGovernment of the Republic of Turkey and the Secretary of Statefor Defence of the United Kingdom of Great Britain and NorthernIreland and the Secretary of Defense on behalf of the Departmentof Defense of the United States of America concerning theCooperative Framework for System Development and Demonstrationof the Joint Strike Fighter (JSF SDD Framework MOU) of January17, 2001, as amended, and the U.S. DoD-U.K. MOD Supplement, theU.S. DoD-NL MOD Supplement, and the U.S. DoD-AUS DOD Supplementthereto;Recognizing the Participants' cooperation under the Memorandumof Understanding among the Department of Defence of Australiaand the Minister of National Defence of Canada and the Ministryof Defence of Denmark and the Ministry of Defence of theRepublic of Italy and the State Secretary of Defence of theKingdom of the Netherlands and the Ministry of Defence of theKingdom of Norway and the Undersecretariat for DefenseIndustries on behalf of the Ministry of National Defense of theRepublic of Turkey and the Secretary of State for Defence of the4
United Kingdom of Great Britain and Northern Ireland and theSecretary of Defense on behalf of the Department of Defense ofthe United States of America Concerning the Production,Sustainment, and Follow-on Development of the Joint StrikeFighter (JSF PSFD MOU), which entered into effect December 31,2006;Having a mutual need for the Initial Operational Test andEvaluation (IOT&E) of the F-35 Lightning II Joint Strike Fighter(JSF) (hereafter referred to as "F-35") Air System to satisfyoperational requirements as established in the JSF OperationalRequirements Document (JORD) ;Recognizing the benefits of continued cooperation in the F-35Program, and seeking to capitalize on the lessons learned fromtheir previous experience in that Program and otherinternational cooperative programs; andRecognizing the successful cooperation under the Memorandum ofUnderstanding Between the Secretary of Defense On Behalf of theDepartment of Defense of the United States of America and theSecretary of State for the United Kingdom of Great Britain andNorthern Ireland Concerning Cooperative Initial Operational Testand Evaluation of the Joint Strike Fighter (JSF IOT&E MOU),which entered into effect January 17, 2007, as amended), andseeking to continue and expand that effort by superseding thatJSF IOT&E MOU with the entry into effect of this F-35 IOT&E MOU;Have reached the following understandings:5
SECTION IDEFINITIONSThe Participants have jointly decided upon the followingdefinitions for terms used in this F-35 IOT&E MOU:AccidentInvestigationBoardA board assembled to conduct a legalinvestigation and prepare a publiclyreleasable report for use in litigation,claims, disciplinary actions, andadministrative proceedings.Air VehicleThe Air Vehicle includes the three variantsof the F-35 aircraft and the propulsionsystems, as well as the on-board hardware,the ancillary mission equipment-necessary toemploy the F-35 Air System, and the softwarenecessary to perform assigned missions,autonomous operation, and communication withoff-board fficial Information that requiresprotection in the interests of nationalsecurity and is so designated by theapplication of a security classificationmarking. This Information may be in oral,visual, magnetic, or documentary form or inthe form of equipment, material, ortechnology.integrated, knowledge-based system thatencompasses F-35 maintenance planning,manpower and personnel, supply support,support equipment, training, technical data,computer resource support, facilities,packaging, handling, storage andtransportation, prognostics and healthmanagement, and design interface whilecoordinating with mission planning,engineering, safety, command and controlfunctions, within a respective logisticsinfrastructure to support mission execution.6
Cognizant SecurityAuthority (CSA)The Military Departments' (e.g., u.s. Navy,U.S. Air Force, and equivalents among theParticipants) Special Access Program CentralOffice (SAPCO) .ContractAny mutually binding legal relationshipunder national laws that obligates aContractor to furnish supplies or services,and obligates one or more of theParticipants to pay for them.ContractingThe obtaining of supplies or services byContract from sources outside the governmentorganizations of the Participants.Contracting includes description (but notdetermination) of supplies and servicesrequired, solicitation and selection ofsources, preparation and award of Contracts,and all phases of Contract administration.Contracting AgencyThe entity within the governmentorganization of a Participant that hasauthority to enter into, administer, orterminate Contracts.Contracting Officer A person representing a Contracting Agencyof a Participant who has the authority toenter into, administer, or terminateContracts.ContractorAny entity awarded a Contract by aParticipant's Contracting Agency.Contractor SupportPersonnelPersons specifically identified as providingadministrative, managerial, scientific, ortechnical support services to a Participantunder a support fied Information to which access ordistribution limitations have been appliedin accordance with applicable national lawsor regulations.It includes Informationthat has been declassified but remainscontrolled.7
Cooperative Project Military members or civilian employees of aPersonnel (CPP)Participant assigned to the F-35 InitialOperational Test and Evaluation (F-35 IOT&E)Joint Strike Fighter Operational Test Team(JOTT) who perform managerial, engineering,technical, administrative, Contracting,logistics, financial, planning, or otherfunctions in furtherance of the Project.DedicatedOperational Testand Evaluation(OT&E)Efforts conducted prior to F-35 IOT&E toevaluate independently the operationaleffectiveness and operational suitabilityand survivability of the F-35 Air Systemusing production- and fleet-representativesystems demonstrating stabilized performancein an operationally realistic environment,in accordance with the detailed test planapproved by Director, Operational Test andEvaluation.F-35 Air SystemThe F-35 Air System consists of two interrelated elements: Air Vehicle and AutonomicLogistics that operate within the context ofexternal interfaces and environments.F-35 InitialOperational Test &Evaluation (F-35IOT&E)The conduct of evaluations of theoperational effectiveness and operationalsuitability and survivability of the F-35Air System using production- and fleetrepresentative systems demonstratingstabilized performance in an operationallyrealistic environment, in accordance withthe detailed test plan approved by Director,Operational Test and Evaluation.F-35 InitialOperational Testand EvaluationActivities (F-35IOT&E Activities)The efforts performed under this F-35 IOT&EMOU to evaluate operational effectivenessand operational suitability andsurvivability of the F-35 Air System usingproduction- and fleet-representative systemsdemonstrating stabilized performance in anoperationally realistic environment, inaccordance with the detailed test planapproved by Director, Operational Test andEvaluation. F-35 IOT&E Activities includepreparation for, and execution of, allDedicated OT&E events and F-35 IOT&E.8
F-35 ProgramEfforts to achieve a three-variant family ofthe F-35 Air Systems, consisting of F-35concept demonstration, system developmentand demonstration, production, sustainment,and follow-on development.F-35 PurposesPerformance of F-35 IOT&E Activitiespursuant to this F-35 IOT&E MOU, and futureefforts by a Participant (collaboratively,nationally, or under U.S. DoD ForeignMilitary Sales arrangements) for the design,development, manufacture, operation, andsupport of any of the three variants of theF-35 Air System.Financial CostsProject costs met with monetarycontributions.Financial CostCeilingThe maximum amount of shared Financial Coststhat will be dedicated to the Project.Follow-onOperational Test &Evaluation (FOT&E)Operational test and evaluation effortsconducted after F-35 IOT&E is complete.Host ParticipantThe Participant whose nation serves as thelocation of the F-35 IOT&E JOTT.InformationKnowledge that can be communicated by anymeans, regardless of form or type,including, but not limited to, that of ascientific, technical, business, orfinancial nature, and also includingphotographs, reports, manuals, threat data,experimental data, test data, computersoftware, designs, specifications,processes, techniques, inventions, drawings,technical writings, sound recordings,pictorial representations, and othergraphical presentations, whether in magnetictape, computer memory, or any other form andwhether or not subject to IntellectualProperty rights.9
IntellectualPropertyIn accordance with the World TradeOrganization Agreement on Trade-relatedAspects of Intellectual Property Rights ofApril 15, 1994, all copyright and relatedrights, all rights in relation to inventions(including Patent rights), all rights inregistered and unregistered trademarks(including service marks), registered andunregistered designs, undisclosedInformation (including trade secrets andknow-how) , layout designs of integratedcircuits, and geographical indications, andany other rights resulting from creativeactivity in the industrial, scientific,literary, and artistic fields.Jointly AcquiredEquipmentAny material, equipment, end item,subsystem, component, special tooling, ortest equipment that is obtained and jointlyfunded by the Participants under this F-35IOT&E MOU.JOTTJSF Operational Test Team.Non-financial Costs Project costs met with non-monetarycontributions.Parent ParticipantThe Participant that sends its CPP to theF-35 IOT&E JOTT located in the nation of theHost Participant.ParticipantA signatory to this F-35 IOT&E MOUrepresented by its military or civilianpersonnel. Contractors and ContractorSupport Personnel will not berepresentatives of a Participant under thisF-35 IOT&E MOU.PatentGrant by any government or a regional officeacting for more than one government of theright to exclude others from making, using,importing, selling, or offering to sell aninvention. The term refers to any and allpatents including, but not limited to,patents of implementation, improvement, oraddition, petty patents, utility models,appearance design patents, registered10
designs, and inventor certificates or likestatutory protection, as well as divisions,reissues, continuations, renewals, andextensions of any of these.Privileged SafetyInformationInformation regarding safety matters that ismarked and handled as ControlledUnclassified Information and provided to theParticipants' civilian and militaryemployees and Contractors who have a need toknow such Information to improve safety asdetermined by each Participant's nationalsafety authorities.ProjectThe cooperative F-35 IOT&E Activities of theParticipants under this F-35 IOT&E MOU toachieve the objectives in Section II(Objectives) and accomplish the work inSection III (Scope of Work) .Project BackgroundInformationInformation not generated in the performanceof the Project.Project EquipmentAny material, equipment, end item,subsystem, component, special tooling, ortest equipment provided by one Participantto another Participant for use in theProject.Project ForegroundInformationInformation generated in the performance ofthe Project.Project Information Any Information provided to, generated in,or used in this Project.Project InventionAny invention in any field of technology,provided it is new, involves an inventivestep, is capable of industrial application,and is formulated or made (conceived or"first actually reduced to practice") in thecourse of work performed under the Project.The term "first actually reduced to practice"means the first demonstration, sufficient toestablish to one skilled in the art to whichthe invention pertains, of the operability of11
an invention for its intended purpose and inits intended environment.ProspectiveContractorAny entity that seeks to enter into aContract to be awarded by a Participant'sContracting Agency and that, in the case of asolicitation involving the release of exportcontrolled Information, is eligible toreceive such Information.SafetyInvestigationBoardA board assembled to conduct an investigationinto a Department of Defense (DoD) accident,with the sole intent of preventing futuremishaps. A safety investigation tries todetermine the cause of a mishap and identifyactions that can be taken to prevent similaraccidents.Test and Evaluation Document that identifies the high-levelMaster Plan (TEMP)requirements and defines the objectives andoverall structure of the Test and Evaluation(T&E) for the F-35 Air System.Then-Year (TY)U.S. DollarsU.S. Dollars that reflect purchasing power atthe time expenditures are actually made.Future costs stated in Then-Year U.S. Dollarsare projected actual amounts to be paid.Third PartyA government other than the Government of aParticipant and any person or other entitywhose government is not the Government of aParticipant.12·
SECTION IIOBJECTIVES2.1.The overall objective of this F-35 IOT&E MOU is thecooperative F-35 IOT&E of the F-35 Air System.2.2.The Participants recognize that they must possess agovernment capability to perform F-35 IOT&E.Key aspects ofthis include:2.3.2.2 .1.Cooperation and participation in relevant aspectsof planning and real-time execution of F-35IOT&E.2.2.2.A mutual understanding of F-35 Air System safetyhazards and fault tree analysis.2.2.3.Sufficient Air System understanding to satisfynational safety related requirements.The specific objectives to be accomplished are to:2.3 .1.Evaluate, in an operationally representativeenvironment, in accordance with the TEMP and thedetailed test plan approved by Director,Operational Test and Evaluation, the missioncapability of the three F-35 Air System variants(i.e., the F-35A Conventional Take-Off andLanding (CTOL) variant; the shipboard-capable F35B Short Take-Off and Vertical Landing (STOVL)variant; and the F-35C catapult-launched,arrested-landing Carrier Variant (CV)) developedunder the JSF SDD Framework MOU.2.3.2.Maximize affordability by eliminating redundanttest and evaluation costs while maintainingoperationally realistic test conditions inaccordance with the TEMP and the detailed testplan approved by Director, Operational Test andEvaluation.2. 3. 3.Optimize the use of available test resources, andmaximize the benefits gained from commonality andinteroperability among the Participants whilemaintaining operationally realistic testconditions in accordance with the TEMP and the13
detailed test plan approved by Director,Operational Test and Evaluation.2 .3 .4 .Deliver a U.S. DoD test report to theParticipants, subject to the Participants'national disclosure laws, regulations, andpolicies, to support production and fieldingdecisions, and recommend corrections ofidentified defici
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Oct 23, 2006 · FF--35 Joint Strike Fighter Autonomic Logistics and Prognostics & Health Management Dr. Neal McCollom JSF AutoLog PHM Integrator 23 October 2006 LM JSF Team Program Information Non-technical Data for ITAR LM JSF Team Program Information Cleared for public releas
The Joint Strike Fighter (JSF) will become the next-generation strike fighter aircraft to assume the roles of the United States Air
Defense Advanced Research Projects Agency. Defense Commissary Agency. Defense Contract Audit Agency. Defense Contract Management Agency * Defense Finance and Accounting Service. Defense Health Agency * Defense Information Systems Agency * Defense Intelligence Agency * Defense Legal Services Agency. Defense Logistics Agency * Defense POW/MIA .
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Have a brain storming session where they generate 10-15 themes. (Be patient, they'll get there eventually.) After they generate the list, allow people to talk in behalf of specific ideas Sometimes they may combine items Give everyone 3 votes and go through the list voting. If there is a clear winner then proceed. Otherwise repeat the process, but with one vote. Post the chosen theme .
