PORTUGAL 30 JUN 1975 FLITE DOCUMENT NO. 7950093
AGREEMENT EXECUTED 30 JUNE 1975; EFFECTIVE 1 MAY 1975.
AGREEMENT REGARDING THE HOUSING OF CERTAIN PORTUGUESE NATIONALS
EMPLOYED BY THE UNITED STATES GOVERNMENT AGENCIES ON TERCEIRA ISLAND,
AZORES.
THE PURPOSE OF THIS AGREEMENT IS TO PERMIT THE UNITED STATES FORCES
AZORES COMMAND THE OPERATION OF THE PORTUGUES CIVILIAN EMPLOYEES
BILLETS, LOCATED IN THE U.S. AIR FORCE BUILDING T-549, WHICH WILL BE
USED ONLY FOR HOUSING OF CERTAIN DESIGNATED PORTUGUESE NATIONALS
EMPLOYED BY UNITED STATES GOVERNMENT AGENCIES ON TERCEIRA ISLAND,
AZORES.
FOR AND IN CONSIDERATION OF THE MUTUAL COVENANTS CONTAINED HEREIN,
UNITED STATES FORCES AZORES AND AZORES AIR ZONE COMMAND AGREE AS
FOLLOWS:
IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT, THE AZORES AIR ZONE
COMMAND HEREBY RELINQUISHES ITS FORMER RIGHTS AND OBLIGATIONS IN THE
OPERATION AND ADMINISTRATION OF THE UNITED STATES FORCES AZORES COMMAND
PORTUGUESE CIVILIAN EMPLOYEES BILLETS.
UNDER THIS AGREEMENT, THE UNITED STATES FORCES AZORES COMMAND WILL
ASSUME THE FOLLOWING RESPONSIBILITIES:
1. OPERATE AND ADMINISTER THE UNITED STATES FORCES AZORES COMMAND
PORTUGUESE CIVILIAN EMPLOYEES BILLETS WHICH WILL BE LOCATED IN BUILDING
T-549 PURSUANT TO THE TERMS OF TECHNICAL SCHEDULE NUMBER ONE TO THE
SUPPLEMENTARY DEFENSE AGREEMENT BETWEEN PORTUGAL AND THE UNITED STATES
OF AMERICA.
2. PROVIDE FACILITIES MAINTENANCE AND UTILITIES SERVICES TO THE
BUILDING LISTED IN PARAGRAPH 1 ABOVE AND INSTALLED EQUIPMENT THEREIN.
THIS RESPONSIBILITY SPECIFICALLY INCLUDES ELECTRICAL SERVICE, RODENT
CONTROL SERVICE AND HOT WATER.
3. PROVIDE EACH PORTUGUESE EMPLOYEE WORKING FOR THE UNITED STATES
FORCES AZORES WHO IS AUTHORIZED OCCUPANT OF THE UNITED STATES FORCES
AZORES COMMAND PORTUGUESE CIVILIAN EMPLOYEES BILLETS WITH ONE LOCKER,
ONE BED, ONE MATTRESS, ONE PILLOW, FOUR SHEETS, TWO PILLOW CASES AND
THREE BLANKETS.
4. PROVIDE REPLACEMENT FOR BEDDING WORN OUT BY UNITED STATES
EMPLOYED OCCUPANTS OF THE UNITED STATES FORCES AZORES COMMAND PORTUGUESE
CIVILIAN EMPLOYEES BILLETS.
5. PROVIDE FOR CLEANING OF THE BUILDING, LAUNDRY OF BEDDING, AND
CLEANING OF BLANKETS FOR ALL OCCUPANTS.
6. CHARGE TO THE PORTUGUESE EMPLOYEES WORKING FOR THE UNITED STATES
AND OCUPANTS OF THE UNITED STATES FORCES AZORES COMMAND PORTUGUESE
CIVILIAN EMPLOYEES BILLETS A BILLETING FEE OF 50$00 (ESCUDOS) PER MONTH.
IT SHALL BE THE RESPONSIBILITY OF THE OCCUPANTS TO MAINTAIN THEIR
QUARTERS IN A NEAT AND CLEAN CONDITION.
THIS AGREEMENT BECOMES EFFECTIVE 1 MAY 1975 AND MAY BE TERMINATED OR
RENEGOTIATED AT ANY TIME THEREAFTER AT THE REQUEST OF EITHER PARTY.
THIS AGREEMENT SIGNED THIS 30TH DAY OF JUNE 1976.
MARIO EDUARDO DE MELO WILTON PEREIRA
BRIGADEIRO PILOTO AVIADOR
COMANDANTE DE ZONA AEREA DOS ACORES
CARL G. HORNBUCKLE, COL, USAF
CHIEF OF STAFF, UNITED STATES FORCES
AZORES
FRANCE 12 JAN 1967 FLITE DOCUMENT NO. 7950092
TERMINATION AGREEMENT EXECUTED 12 JANUARY 1976.
AGREEMENT TERMINATING: AGREEMENT OF LOGISTICAL SUPPORT OF 28 MAY
1965, TERMINATED 15 DECEMBER 1966; AGREEMENT OF LOGISTICAL SUPPORT OF
15 APRIL 1965, AS MODIFIED BY AMENDMENTS #I AND #II, TERMINATED 1
JANUARY 1967; MEMORANDUM OF UNDERSTANDING FOR UTILITIES SERVICE NO.
DA-(S)-91-538-EUC-1351-ENG, DACHAU; MEMORANDUM OF UNDERSTANDING FOR
UTILITIES SERVICE NO. DA-(S)-91-538-EUC-1352-ENG, 538-EUC-1352-ENG,
MURNAU; MEMORANDUM OF UNDERSTANDING FOR UTILITIES SERVICE NO.
DA-(S)91-538-EUC-1353-ENG, SUPPORT AGREEMENT NO. FRENCH 1-67, EFFECTIVE
1 JULY 1966; NATO INTERSERVICE SUPPORT AGREEMENT NO. FRENCH 2-67,
EFFECTIVE 1 JULY 1966; MEMORANDUM OF UNDERSTANDING FOR MOTOR FUEL
SUPPORT OF 13 JUNE 1966 TERMINATED EFFECTIVE 1 NOVEMBER 1966;
MEMORANDUM OF UNDERSTANDING REGARDING STATIONING OF A TANK CAR IN THE
SEVENTH ARMY CLASS III SUPPLY POINT, MUNICH-FREIHAM OF 13 JUNE 1966
TERMINATED 31 DECEMBER 1966.
WHEREAS, BY LETTER DATED 26 AUGUST 1966, HEADQUARTERS, FRENCH FORCES
IN GERMANY ADVISED THE US ARMY OF THE IMPENDING DEPARTURE OF THE 402D AD
BATTALION FROM BAVARIA, AND
WHEREAS, AS A RESULT THEREOF, CERTAIN LOGISTICAL AGREEMENTS, AS MORE
PARTICULARLY DESCRIBED HEREAFTER, BETWEEN THE UNITED STATES ARMY AND THE
FRENCH ARMY MUST BE TERMINATED.
NOW THEREFORE,
A. AGREEMENT COVERING LOGISTICAL SUPPORT OF THE FRENCH ARMY AT KIMBRO
KASERNE, MURNAU, AND THE AIR FIELD OBERSCHLEISSHEIM, ENTERED INTO ON 28
MAY 1965, IS TERMINATED ON OR ABOUT 15 DECEMBER 1966.
1. ALL FACILITIES TURNED OVER INITIALLY TO THE FFA BY THE US ARMY,
THE IMPROVEMENTS THERETO INCLUDING CONSTRUCTION WHICH HAS BEEN COMPLETED
(WITH OR WITHOUT EQUIPMENT) AND WHICH THE FFA DESIRES TO LEAVE IN PLACE,
MAY BE TURNED BACK TO THE US FORCES AFTER COMPLETION OF A JOINT
INVENTORY AND CONDITION REPORT, MUTUALLY ANNOTATED. HEREAFTER THE
FACILITIES WILL BE ACCEPTED BY THE US FORCES. THE INVENTORY AND
CONDITION REPORT WILL REFLECT THE STATUS OF FACILITIES AS DETERMINED BY
THE JOINT INSPECTING PARTIES. ANY REPAIR OR MAINTENANCE TO THE
FACILITIES WILL BE PERFORMED BY THE FRENCH TO RESTORE THE TAKE-OVER
CONDITION OR WILL BE PERFORMED BY THE US ARMY SUBJECT TO REIMBURSEMENT
BY THE FRENCH IN ACCORDANCE WITH THE TERMS OF THE APPLICABLE AGREEMENTS.
2. THE FOLLOWING GUIDANCE IS TO BE APPLIED BY THE TWO INSPECTING
PARTIES WHEN INVENTORYING THE FACILITIES:
A. IF NO CHANGE WAS MADE TO THE FACILITIES DURING THE PERIOD OF
USAGE, THE PRESENT CONDITION WILL BE DETERMINED AND REIMBURSABLE COST OR
WORK TO BE PERFORMED ALSO DETERMINED FOR OTHER THAN FAIR WEAR AND TEAR.
B. WHERE MODIFICATIONS OR REHABILITATION WERE EFFECTED WHICH WILL BE
LEFT IN PLACE, THE SURVEY WILL DETERMINE THE VALUE THEREOF.
C. WHERE IMPROVEMENTS WERE MADE BY THE FRENCH AND WHERE THE FRENCH
PREFER REMOVAL OF INSTALLED PROPERTY, DETERMINATION WILL BE MADE AS TO
THE WORK OR COSTS INVOLVED FOR RESTORING THE FACILITIES TO A USABLE
CONDITION.
D. WHERE THE US DOES NOT DESIRE THAT IMPROVEMENTS BE LEFT IN PLACE,
THE REMOVAL AND RESTORATION VALUE WILL BE DETERMINED AS TO WORK OR COSTS
INVOLVED.
E. WHERE NEW CONSTRUCTIONS WERE MADE BY THE FRENCH, THE SURVEY WILL
DETERMINE THE VALUE THEREOF.
F. THE COSTS OR THE VALUE MENTIONED IN THE PARAGRAPHS A2 A TO E ABOVE
WILL REFLECT THE COSTS OR THE VALUE AGREED BETWEEN THE TWO PARTIES. IN
CASE OF DISAGREEMENT THE INVENTORY AND CONDITION REPORT WILL REFLECT THE
COSTS OR VALUE ESTABLISHED BY EACH OF THE INSPECTING PARTIES.
3. ALL OUTSTANDING BILLS FOR UTILITIES AND SPECIAL COSTS AS SET
FORTH IN THE IMPLEMENTING NATO INTERSERVICE SUPPORT AGREEMENT
(MAINTENANCE, REPAIR, GROUND RENT, ETC.) WILL BE SETTLED NO LATER THAN
NINETY (90) DAYS AFTER VACATION OF FACILITIES. IN THE EVENT THE US
FORCES WOULD BE SUBSEQUENTLY REQUIRED TO PAY FOR A RETROACTIVE PERIOD,
ANY REAL ESTATE TAXES, FIRE INSURANCE, MUNICIPAL CHARGES, ETC.,
PERTAINING TO THE FACILITIES USED BY THE FRENCH FORCES, THE FRENCH
FORCES WOULD AGREE TO PAY A PRO RATA SHARE THEREOF ACCORDING TO THE
AREAS UTILIZED AND THE PERIOD THE FACILITIES WERE OCCUPIED.
4. THE FRENCH FORCES WILL BE RESPONSIBLE FOR THE INVESTIGATION AND
SETTLEMENT OF ANY THIRD PARTY CLAIMS WHICH MAY BE PRESENTED
SUBSEQUENTLY, ARISINGOUT OF THE USE OF THE FACILITIES BY THE FRENCH
FORCES. ANY DISPUTE AS TO WHETHER THE FRENCH FORCES OR THE US FORCES
WILL BE RESPONSIBLE FOR THE SETTLEMENT OF SUCH THIRD PARTY CLAIMS WILL
BE RESOLVED BETWEEN THE REPRESENTATIVES OF THE FRENCH FORCES AND THE
CHIEF, US ARMY CLAIMS OFFICE, GERMANY.
5. ANY DISPUTE CONCERNING APPLICATION OF PARAGRAPH A 1 TO 3 WILL BE
RESOLVED BETWEEN THE REPRESENTATIVE OF THE US FORCES AND THE
REPRESENTATIVE OF THE FRENCH FORCES.
B. THE AGREEMENT EFFECTIVE 15 APRIL 1965, COVERING LOGISTICAL SUPPORT
OF THE FRENCH ARMY AT DACHAU, AS MODIFIED BY AMENDMENTS #I AND II
THEREOF TO INCLUDE FACILITIES AT THE TEXAS/FREIHEIM AREA, SHALL BE
TERMINATED ON OR ABOUT 1 JANUARY 1967, UNDER THE SAME TERMS AND
CONDITIONS AS SET FORTH IN PARAGRAPHS A 1 THROUGH 5 ABOVE.
C. WITH THE DEPARTURE OF THE FRENCH FORCES, THE FOLLOWING LISTED
MEMORANDA OF UNDERSTANDING BETWEEN THE USAACOM POWER PROCUREMENT
DIVISION, APO 09184 AND HEADQUARTERS, FRENCH FORCES IN GERMANY AND THE
FOLLOWING LISTED NATO INTERSERVICE SUPPLY SUPPORT AGREEMENTS BETWEEN
HEADQUARTERS USAACOM AND FFA WILL BE TERMINATED:
1. MEMORANDUM OF UNDERSTANDING FOR THE SUPPLY OF UTILITIES SERVICE
NO. DA-(S)-91-538-EUC-1351-ENG, DACHAU.
2. MEMORANDUM OF UNDERSTANDING FOR THE SUPPLY OF UTILITIES SERVICE
NO. DA-(S)-91-538-EUC-1352-ENG, MURNAU.
3. MEMORANDUM OF UNDERSTANDING FOR THE SUPPLY OF UTILITIES SERVICE
NO. DA-(S)-91-538-EUC-1353-ENG, OBERSCHLEISSHEIM.
4. NATO INTERSERVICE SUPPORT AGREEMENT NO. FRENCH 1-67, EFFECTIVE 1
JULY 1966.
5. NATO INTERSERVICE SUPPORT AGREEMENT NO. FRENCH 2-67, EFFECTIVE 1
JULY 1966.
D. THE MEMORANDUM OF UNDERSTANDING ENTERED INTO ON 13 JUNE 1966
CONCERNING MOTOR FUEL SUPPORT OF THE FRENCH ARMY PLATOON PERFORMING
BORDER SURVEILLANCE DUTY IS TERMINATED EFFECTIVE 1 NOVEMBER 1966.
E. THE MEMORANDUM OF UNDERSTANDING ENTERED INTO ON 13 JUNE 1966
CONCERNING THE STATIONING OF GASOLINE TANK CAR IN THE SEVENTH ARMY CLASS
III SUPPLY POINT, MUNICH-FREIHAM, IS TERMINATED EFFECTIVE 31 DECEMBER
1966.
F. THE MEMORANDUM OF UNDERSTANDING ENTERED INTO ON 13 JUNE 1966
CONCERNING FACILITIES TO BE PROVIDED BY THE US ARMY, SPECIFICALLY THE
95TH SUPPLY AND SERVICE BATTALION TO THE FRENCH FORCES TRAINING IN THE
GRAFENWOEHR TRAINING AREA IS NOT AFFECTED BY THIS TERMINATION AGREEMENT,
AND WILL BE TREATED WHEN TERMINATED ACCORDING TO THE CLAUSE AS CONTAINED
IN PARAGRAPH 6 OF THE AFORESAID MEMORANDUM.
G. AN INCLOSURE REFLECTING THE ACTUAL AND AGREED VALUES OF ALL THE
NEW STRUCTURES BUILT BY THE FRENCH FORCES AND ANY MODIFICATIONS,
REHABILITATIONS AND/OR DAMAGES TO EXISTING STRUCTURES MENTIONED IN
PARAGRAPHS A AND B ABOVE WHICH ARE TURNED OVER BY THE FRENCH FORCES TO
THE US FORCES WILL BECOME PART OF THIS AGREEMENT. ALL MATTERS
PERTAINING TO ANY FINANCIAL SETTLEMENT WITH RESPECT TO THE RESIDUAL
VALUE OF NEW STRUCTURES BUILT BY THE FRENCH FORCES AND ANY
MODIFICATIONS, REHABILITATIONS AND/OR DAMAGES TO EXISTING STRUCTURES
WILL BE NEGOTIATED BY REPRESENTATIVES OF THE GOVERNMENTS OF THE REPUBLIC
OF FRANCE AND THE UNITED STATES OF AMERICA AT A LATER DATE.
IN WITNESS WHEREOF, THE US ARMY HAS EXECUTED THIS AGREEMENT AS OF THE
12TH DAY OF JANUARY 1967. (SIGNATURE OMITTED)
ROY U. CLAY, COLONEL, GS, DCSLOG, USAACOM
IN WITNESS WHEREOF, THE FRENCH ARMY HAS EXECUTED THIS AGREEMENT AS OF
THE 12TH DAY OF JANUARY 1967. (SIGNATURE OMITTED)
CHIEF OF STAFF, FRENCH FORCES IN GERMANY
NORWAY 6 FEB 1976 FLITE DOCUMENT NO. 7950091
AMENDMENT NO. 1 EXECUTED 6 FEBRUARY 1976.
AMENDMENT NO. 1 TO THE AGREEMENT BETWEEN THE GOVERNMENT OF NORWAY AND
THE UNITED STATES REGARDING THE CO-PRODUCTION OF THE M109G VEHICLE, OF
30 DECEMBER 1966.
WHEREAS, THE MINISTRY OF DEFENSE OF THE GOVERNMENT OF NORWAY AND THE
DEPARTMENT OF DEFENSE OF THE GOVERNMENT OF THE UNITED STATES ENTERED
INTO AN AGREEMENT RELATING TO THE CO-PRODUCTION OF THE M-109G VEHICLE,
DATED THE 30TH DAY OF DECEMBER 1966; AND
WHEREAS, IT IS THE DESIRE OF THE MINISTRY OF DEFENSE OF THE
GOVERNMENT OF NORWAY TO PRODUCE A NUMBER OF COMPLETE 155MM HOWITZER
M-109G VEHICLES FOR SALE TO THIRD COUNTRIES; AND
WHEREAS, IT MAY BE IN THE BEST INTEREST OF THE GOVERNMENT OF THE
UNITED STATES TO AGREE IN INDIVIDUAL CASES THAT SUCH SALES TAKE PLACE;
AND
WHEREAS, BOTH PARTIES HERETO ARE AGREEABLE TO AMEND SAID AGREEMENT,
NOW THEREFORE, IT IS AGREED THAT:
1. PARAGRAPH 21 BE AMENDED BY DELETING THE PERIOD AT THE END OF THE
FIRST SENTENCE AND ADDING THE FOLLOWING WORDS: "UNLESS AUTHORIZED IN
WRITING BY THE UNITED STATES DEPARTMENT OF DEFENSE."
2. THE LAST SENTENCE OF PARAGRAPH 21 IS HEREBY DELETED.
DATED: 6 FEBRUARY 1976 (SIGNATURE OMITTED)
FOR THE UNITED STATES
DEPARTMENT OF DEFENSE (SIGNATURE OMITTED) (SEAL OMITTED)
FOR THE NORWEGIAN
MINISTRY OF DEFENSE
K. HALSNE
DEPUTY DIRECTOR
DEPARTMENT OF MATERIEL
KOREA, REPUBLIC OF 31 DEC 1975 FLITE DOCUMENT NO. 7950090
FUEL EXCHANGE AGREEMENT EXECUTED 31 DECEMBER 1975.
AGREEMENT REGARDING FUEL EXCHANGE BETWEEN THE UNITED STATES NAVY AND
THE REPUBLIC OF KOREA NAVY.
1. GENERAL.
THIS IS TO ESTABLISH THE PROCEDURES WHEREBY THE UNITED STATES NAVY
(USN) AND THE REPUBLIC OF KOREA NAVY (ROKN) AGREE TO AN EXCHANGE OF
FUEL, ON A REPLACEMENT-IN-KIND BASIS, FOR OPERATIONS DURING CALENDAR
YEAR 1976.
II. ENCLOSURE.
(1) STATEMENT OF TRANSACTIONS - FORMAT
III. FUEL PRODUCTS INCLUDED IN THIS AGREEMENT AND ESTIMATED
QUANTITIES.
PRODUCT UNIT OF ISSUE USN ROKN
NAVY SPECIAL FUEL OIL GAL 250,000 250,000
DIESEL FUEL MARINE GAL 500,000 250,000
MARINE LUBRICANTS GAL AS REQUIRED AS REQUIRED
IV. BALANCE DUE ON EXPIRED FUEL EXCHANGE AGREEMENT.
THE BALANCE OF EACH FUEL PRODUCT REMAINING OUTSTANDING AS OF 31
DECEMBER 1975 UNDER THE CALENDAR YEAR 1975 USN/ROKN FUEL EXCHANGE
AGREEMENT WILL BE CARRIED FORWARD TO THIS AGREEMENT.
V. ACTIVITIES AND SHIPS/COMMANDS AUTHORIZED TO PARTICIPATE IN THIS
AGREEMENT.
FUELS WILL BE DISPENSED TO ROKN SHIPS/COMMANDS BY ANY USN SHORE
ACTIVITY, DISPENSING AFLOAT UNIT, OR FROM ANY AUTHORIZED USN CONTRACT
FUEL SOURCE. FUELS WILL BE DISPENSED TO USN SHIPS/COMMANDS BY ANY ROKN
SHORE ACTIVITY, DISPENSING AFLOAT UNIT, OR FROM ANY AUTHORIZED ROKN
CONTRACT FUEL SOURCE. THE USN WILL BE RESPONSIBLE FOR ARRANGING FOR AND
PAYMENT OF LOCAL DELIVERY SERVICES, IF INCURRED, FOR FUELS DISPENSED TO
ROKN UNITS/COMMANDS. THE ROKN WILL BE RESPONSIBLE FOR ARRANGING FOR AND
PAYMENT OF LOCAL DELIVERY SERVICES, IF INCURRED, FOR FUELS DISPENSED TO
USN UNITS/COMMANDS. REPLACEMENT WILL BE MADE FOR ACTUAL GALLONS OF FUEL
RECEIVED AND WILL NOT INCLUDE DELIVERY SERVICE CHARGES OR ACCESSORIAL
CHARGES.
DURING ROKN OPERATIONS OUTSIDE THE CONTIGUOUS WATERS OF THE REPUBLIC
OF KOREA, WHEN FUEL IS REQUIRED FROM A USN SOURCE, THE SENIOR OFFICER
PRESENT AFLOAT OF THE ROKN TASK UNIT WILL PRESENT A COPY OF THIS
AGREEMENT TO THE COMMANDING OFFICER OF THE USN UNIT/COMMAND ALONG WITH
HIS REQUIREMENT. OUTSIDE OF EMERGENCIES, REQUIREMENTS BY EITHER USN
UNITS OR ROKN UNITS WILL BE MADE KNOWN TO COMMANDER U.S. NAVAL FORCES,
KOREA AS FAR IN ADVANCE AS POSSIBLE TO FACILITATE COORDINATION/PLANNING.
VI. DOCUMENTATION OF RECEIPTS/ISSUES.
EACH ISSUE AND RECEIPT MADE BY THE NAVY OF EITHER COUNTRY WILL BE
CERTIFIED BY THE OFFICIAL(S) AS DESIGNATED BY EACH COUNTRY. IN THE CASE
OF THE USN, ISSUE OF FUELS WILL BE CERTIFIED BY THE COMMANDER/COMMANDING
OFFICER OF THE DISPENSING FACILITY OR DISPENSING AFLOAT UNIT OR THE
OFFICIAL IN CHARGE OF THE CONTRACT SOURCE. RECEIPT OF FUELS WILL BE
CERTIFIED BY THE COMMANDER/COMMANDING OFFICER OF ANY USN UNIT.
IN THE CASE OF THE ROKN, ISSUE OF FUELS WILL BE CERTIFIED BY THE
COMMANDER/COMMANDING OFFICER OF THE DISPENSING FACILITY OR DISPENSING
AFLOAT UNIT, OR, IN THE CASE OF AN AUTHORIZED ROKN CONTRACT SOURCE, BY
THE OFFICIAL IN CHARGE OF THE DISPENSING SOURCE. ONE SIGNED COPY OF
EACH ISSUE AND RECIPE DOCUMENT WILL BE FORWARDED AS FOLLOWS:
A. COMMANDER U.S. NAVAL FORCES, KOREA
APO SAN FRANCISCO 96301
*B. U.S. NAVY REGIONAL FINANCE CENTER (PAD-170)
WASHINGTON, D.C. 20371
*C. CHIEF, BUREAU OF SUPPLIES AND ACCOUNTS
REPUBLIC OF KOREA NAVY HEADQUARTERS
KWAN-AK-KU, SEOUL, KOREA
*CORRESPONDENCE FROM USN ACTIVITIES/UNITS TO CHIEF BUSANDA, ROKN MAY
BE MAILED TO COMMANDER U.S. NAVAL FORCES, KOREA FOR FORWARDING.
CORRESPONDENCE FOR THE ROKN TO THE NAVY REGIONAL FINANCE CENTER MAY
BE PASSED TO COMMANDER U.S. NAVAL FORCES, KOREA FOR FORWARDING.
VII. ACTIVITY OR OFFICE MAINTAINING RECORDS.
THE U.S. NAVY REGIONAL FINANCE CENTER, WASHINGTON, D.C. 20371, USA
WILL MAINTAIN THE OFFICIAL ACCOUNTABLE RECORDS FOR THE USN UNDER THE
AGREEMENT.
THE CHIEF, BUREAU OF SUPPLIES AND ACCOUNTS, REPUBLIC OF KOREA NAVY
HEADQUARTERS, KWAN-AK-KU SEOUL, KOREA WILL MAINTAIN THE OFFICIAL
ACCOUNTABLE RECORDS FOR THE ROKN UNDER THIS AGREEMENT.
VERIFICATION OF THE UNITS RECEIVED AND ISSUED AND THE BALANCES OF
EACH PRODUCT THROUGH 31 DECEMBER 1976 WILL BE MADE BY BOTH OFFICES
MAINTAINING OFFICIAL RECORDS AS SOON AS POSSIBLE AFTER THE END OF
CALENDAR YEAR 1976 BUT IN NO EVENT LATER THAN 1 MARCH 1977.
REPLACEMENT-IN-KIND, SAME PRODUCT AND UNITS OF ISSUE, WILL BE NETTED.
IF, AT THE END OF CALENDAR YEAR 1976, THE USN IS IN DEBT TO THE ROKN,
THE ROKN WILL DRAW THE AMOUNT OF FUEL OWED, IN DFM, NSFO, OR BOTH, FROM
THE PORT OF PUSAN, KOREA, WHERE A USN CONTRACT IS IN EFFECT. THIS
TRANSACTION WILL BE COORDINATED BY COMMANDER U.S. NAVAL FORCES, KOREA
WITH THE COMMANDING OFFICER, MILITARY SEALIFT COMMAND OFFICE, PUSAN, WHO
IS OFFICIAL IN CHARGE OF THE DISPENSING SOURCE.
IF, AT THE END OF CALENDAR YEAR 1976, THE ROKN IS IN DEBT TO THE USN,
UNITS OF OPPORTUNITY FROM THE U.S. SEVENTH FLEET WILL CALL AT THE PORT
OF CHINHAE, KOREA AND DRAW THE PROPER AMOUNTS OF DFM/NSFO TO ERASE THE
DEBT. IN THE EVENT THE UNIT OF OPPORTUNITY CALLING AT CHINHAE CANNOT
LOAD THE EXACT FUEL OWED, IT WILL LOAD THE REQUIRED AND THE DIFFERENCE
WILL BE NETTED BASED ON THE USN UNIT PRICE THAT WAS IN EFFECT ON 31
DECEMBER 1976. FOR EXAMPLE, IF THE ROKN RECEIVED 20,000 GALLONS MORE
NSFO THAN WAS ISSUED AS REPLACEMENT-IN-KIND UNDER THE AGREEMENT, AND THE
OPPORTUNITY CALLING AT CHINHAE USED ONLY DFM, THE DOLLAR AMOUNT OF NSFO
WOULD BE ASCERTAINED, BASED ON THE USN PRICE IN EFFECT ON 31 DECEMBER
1976, AND THAT AMOUNT OF DFM WOULD BE ISSUED BY THE ROKN AT CHINHAE.
THE STANDARD PRICE OR CARRYING PRICE FOR BOTH COUNTRIES IS DEFINED AS
THAT PRICE PER UNIT IN EFFECT IN THE USA ON 31 DECEMBER OF THE AGREEMENT
YEAR. NO ADMINISTRATIVE, TRANSPORTATION, OR OTHER ACCESSORIAL COSTS
WILL BE ADDED BY EITHER COUNTRY.
VIII. PREPARATION AND SUBMISSION OF VALIDATION STATEMENT.
EACH OFFICE MAINTAINING OFFICIAL RECORDS WILL PREPARE A STATEMENT,
(SEE EXAMPLE ENCLOSURE (1)), SHOWING THE UNITS OF EACH PRODUCT RECEIVED
AND/OR ISSUED AS OF 31 DECEMBER 1976 AND FORWARD TO THE OTHER OFFICE AS
SOON AS POSSIBLE AFTER THE END OF THE CALENDAR YEAR BUT IN NO EVENT
LATER THAN 1 MARCH 1977. THE OFFICE RECEIVING THE STATEMENT WILL VERIFY
THE TRANSACTIONS WITH RECORDS MAINTAINED. THIS STATEMENT WILL SERVE AS
THE SUBSTANTIATING DOCUMENT FOR THE REPLACEMENT-IN-KIND TO BE CONDUCTED
AS PRESCRIBED IN PARAGRAPH VII ABOVE.
SIGNED THIS 31ST DAY OF DECEMBER 1975 AT SEOUL, KOREA (SIGNATURE
OMITTED)
ADM. HWANG, CHONG YON
CHIEF OF NAVAL OPERATIONS
REPUBLIC OF KOREA NAVY
APPROVED BY: UNITED STATES NAVY PETROLEUM OFFICE
CAMERON STATION
ALEXANDRIA, VIRGINIA 22314 (SIGNATURE OMITTED)
W. R. DRURY, CDR, SC, USN
COMMANDING OFFICER
NAVY PETROLEUM OFFICE OFFICIAL (SIGNATURE OMITTED)
M. P. FRUDDEN
COMMANDER U.S. NAVAL FORCES, KOREA
STATEMENT OF TRANSACTIONS - FORMAT (FORM OMITTED)
KOREA, REPUBLIC OF 12 MAR 1976 FLITE DOCUMENT NO. 7950089
AGREEMENT EXECUTED 12 MARCH 1976.
AGREEMENT REGARDING THE INTERCONNECTING AND INTERFACING OF THE
MICROWAVE AND COAXIAL CABLE SYSTEMS OF THE MINISTRY OF COMMUNICATIONS OF
KOREA AND THE MICROWAVE SYSTEM OF THE UNITED STATES FORCES KOREA AT
THEIR TAEJON, SIKJANGSAN AND RICHMOND SITES.
SUPERSEDES AGREEMENT OF 30 JANUARY 1974.
SUBJECT: INTERCONNECTING AND INTERFACING OF THE MICROWAVE AND
COAXIAL CABLE SYSTEMS OF THE MINISTRY OF COMMUNICATIONS AND THE
MICROWAVE SYSTEM OF THE UNITED STATES FORCES KOREA BETWEEN SIKJANGSAN
AND RICHMOND AND BETWEEN TAEJON CABLE STATION AND RICHMOND.
PURPOSE: TO PROVIDE THE UNITED STATES FORCES KOREA WITH THE
CAPABILITY OF REROUTING INTELSAT AND OTHER CRITICAL CIRCUITRY OVER
MICROWAVE SYSTEMS OR THE COAXIAL CABLE SYSTEMS OF THE MINISTRY OF
COMMUNICATIONS OF THE REPUBLIC OF KOREA. SAID CAPABILITY SHALL ENHANCE
THE COMMUNICATIONS OF THE UNITED STATES FORCES KOREA OPERATIONS.
THIS AGREEMENT FORMALIZES MATTERS MUTUALLY AGREED UPON BY THE
MINISTRY OF COMMUNICATIONS OF THE REPUBLIC OF KOREA (HEREINAFTER TO BE
REFERRED TO AS "MOC") AND THE UNITED STATES FORCES KOREA (HEREINAFTER TO
BE REFERRED TO AS "USFK") CONCERNING THE INTERCONNECTING AND INTERFACING
THE MICROWAVE AND COAXIAL CABLE SYSTEMS OF THE MOC AND THE MICROWAVE
SYSTEM OF THE USFK AT THEIR TAEJON, SIKJANGSAN AND RICHMOND SITES
RESPECTIVELY.
THIS AGREEMENT SUPERSEDES AGREEMENT BETWEEN MOC AND USFK DATED
JANUARY 30, 1974 ON INTERCONNECTING AND INTERFACING OF THE MINISTRY OF
COMMUNICATIONS AND THE UNITED STATES FORCES KOREA MICROWAVE SYSTEMS AT
SIKJANGSAN-RICHMOND SITES.
THIS AGREEMENT SHALL REMAIN IN EFFECT FOR A PERIOD OF THREE YEARS
FROM THE DATE IT IS SIGNED BY THE REPRESENTATIVES OF THE MOC AND USFK.
THIS AGREEMENT SHALL BE SUBJECT TO REVIEW AND RENEGOTIATION ANNUALLY, IN
WHOLE OR IN PART, UPON RECEIPT OF A 30-DAY WRITTEN NOTICE FROM EITHER
PARTY AND MAY BE EXTENDED OR TERMINATED BY MUTUAL AGREEMENT OF MOC AND
THE USFK, UPON RECEIPT OF A 30-DAY WRITTEN NOTICE PROVIDED THE OTHER
PARTY.
1. THE USFK SHALL BE RESPONSIBLE TO:
A. PROVIDE THE EQUIPMENT AND CABLE NECESSARY FOR A TWELVE (12) FULL
DUPLEX VOICE CHANNEL INTERCONNECTING AND INTERFACING BETWEEN THE MOC
MICROWAVE SYSTEM AT SIKJANGSAN AND THE USFK MICROWAVE SYSTEM AT
RICHMOND.
B. PROVIDE THE EQUIPMENT NECESSARY TO BREAKOUT AND TO INSERT THE
TWELVE (12) FULL DUPLEX VOICE CHANNELS COMPRISING ONE MULTIPLEX GROUP AT
SIKJANGSAN ON THE MICROWAVE SYSTEM OF THE MOC BETWEEN KUMSAN AND SEOUL.
C. PROVIDE THE EQUIPMENT NECESSARY TO BREAKOUT AND TO INSERT TWELVE
(12) FULL DUPLEX VOICE CHANNELS COMPRISING ONE MULTIPLEX GROUP AT TAEJON
CABLE STATION ON THE COAXIAL CABLE SYSTEM OF THE MOC BETWEEN KUMSAN AND
SEOUL.
D. PROVIDE THE TACTICAL (UHF) MULTICHANNEL EQUIPMENT FOR TWELVE (12)
FULL DUPLEX VOICE CHANNEL INTERCONNECTING AND INTERFACING BETWEEN THE
COAXIAL CABLE SYSTEM OF THE MOC AT TAEJON CABLE STATION AND THE USFK
MICROWAVE SYSTEM AT RICHMOND.
E. PROVIDE A TECHNICAL ADVISOR TO MOC DURING THE INSTALLATION PHASE
OF EQUIPMENT PROVIDED BY USFK AT SIKJANGSAN AND AT TAEJON CABLE STATION.
F. INSTALL THE CABLE BETWEEN SIKJANGSAN AND RICHMOND AND THE
INTERFACING EQUIPMENT AT RICHMOND AND PERFORM NECESSARY CROSS CONNECTION
AT RICHMOND.
G. MAINTAIN AND OPERATE THE INTERCONNECTING CABLE BETWEEN SIKJANGSAN
AND RICHMOND, AND THE TACTICAL (UHF) MULTICHANNEL EQUIPMENT INSTALLED AT
RICHMOND AND TAEJON CABLE STATION.
H. ACCOMPLISH CIRCUIT INTERCONNECTIONS AT RICHMOND BETWEEN THE
MICROWAVE SYSTEMS OF THE MOC AND THE USFK.
I. FURNISH REPAIR PARTS TO MOC FOR THE EQUIPMENT PROVIDED BY USFK AT
SIKJANGSAN AND AT TAEJON CABLE STATION.
2. THE MOC SHALL BE RESPONSIBLE TO:
A. IDENTIFY AND PROVIDE TO THE USFK THE TECHNICAL CHARACTERISTICS OF
THE REQUIRED INTERCONNECTING AND INTERFACING EQUIPMENTS AND THE BREAKOUT
AND INSERT EQUIPMENT FOR SIKJANGSAN AND TAEJON CABLE STATION.
B. INSTALL, OPERATE AND MAINTAIN THE INTERCONNECTING AND INTERFACING
EQUIPMENT AND THE BREAKOUT AND INSERT EQUIPMENT AT SIKJANGSAN AND AT
TAEJON CABLE STATION.
C. PERFORM NECESSARY CROSS CONNECTION BETWEEN THE INTERCONNECTING AND
INTERFACING EQUIPMENT AT SIKJANGSAN AND RICHMOND AND NECESSARY CROSS
CONNECTIONS BETWEEN THE INTERCONNECTING AND INTERFACING EQUIPMENT AND
THE TACTICAL (UHF) MULTICHANNEL EQUIPMENT AT TAEJON CABLE STATION.
D. AUTHORIZE ACCESS TO SIKJANGSAN FOR USFK PERSONNEL AS REQUIRED TO
CONDUCT JOINT SURVEYS, INSTALLATION AND MAINTENANCE NECESSARY TO
ENGINEER, INSTALL AND MAINTAIN THE CABLE INTERCONNECTION BETWEEN
RICHMOND AND SIKJANGSAN.
E. AUTHORIZE ACCESS TO TAEJON CABLE STATION FOR USFK PERSONNEL AS
REQUIRED DURING THE INSTALLATION AND THE EXERCISE PHASE OF TACTICAL
(UHF) MULTICHANNEL EQUIPMENT PROVIDED BY THE USFK.
THE LEGAL TITLE AND OWNERSHIP OF THE USFK-PROVIDED EQUIPMENT AND
CABLE SHALL REMAIN WITH THE UNITED STATES GOVERNMENT. HOWEVER, UPON
LOSS, DAMAGE OR THEFT OF SAID EQUIPMENT ONCE INSTALLED IN THE MOC
FACILITIES, THE COST FOR REPLACEMENT OR REPAIR OF SAID EQUIPMENT SHALL
BE BORNE BY THE MOC.
THE FUNDING OF THE USFK RESPONSIBILITIES IDENTIFIED IN ARTICLE III
SHALL BE PROVIDED BY THE USFK. THE FUNDING FOR THE MOC RESPONSIBILITIES
IDENTIFIED IN ARTICLE III SHALL BE PROVIDED BY THE MOC.
WITHIN THE TOTAL NUMBER OF CIRCUITS INTERCONNECTED, THE MOC ASSURES
TO FURNISH THE SERVICES WHICH ARE REQUESTED BY THE USFK ACCORDING TO
GENERAL PRACTICE.
THE USFK SHALL BE RESPONSIBLE TO MAKE PAYMENT FOR THE MOC LEASED
CIRCUITS. THE TRAFFIC RATE CHARGES SHALL BE ASSESSED AGAINST THE USFK
FOR ONLY THOSE CIRCUITS SPECIFICALLY USED BY THE USFK AND SHALL BE IN
ACCORDANCE WITH PRIORITIES, CONDITIONS AND RATES OR TARIFF RATES NO LESS
FAVORABLE THAN THOSE ACCORDED ANY OTHER USER. THE USFK SHALL BE BILLED
ON A MONTHLY BASIS AND THE COMMON COMMERCIAL RATES FOR THE MONTH SHALL
BE THE GOVERNING FACTOR.
THIS AGREEMENT SHALL BE CONDUCTED IN CONFORMITY WITH ARTICLE III,
PARAGRAPH 2(B), STATUS OF FORCES AGREEMENT (SOFA) BETWEEN THE REPUBLIC
OF KOREA AND THE UNITED STATES OF AMERICA. PROVISIONS OF THE SOFA SHALL
GOVERN ALL MATTERS NOT SPECIFICALLY CONSIDERED AND RESOLVED HEREIN. IN
WITNESS THEREOF, THE UNDERSIGNED, BEING DULY AUTHORIZED BY THE
RESPECTIVE GOVERNMENTS, HAVE SIGNED THIS AGREEMENT. DONE, ON 12 MARCH
1976, IN DUPLICATE IN THE ENGLISH AND KOREAN LANGUAGES; BOTH TEXTS HAVE
EQUAL AUTHENTICITY, BUT IN THE CASE OF DIVERGENCE, THE ENGLISH TEXT
SHALL PREVAIL.
FOR THE MINISTRY OF COMMUNICATIONS, REPUBLIC OF KOREA (SIGNATURE
OMITTED)
JAE-NAM KAH
DIRECTOR-GENERAL
TELECOMMUNICATIONS BUREAU
MINISTRY OF COMMUNICATIONS
REPUBLIC OF KOREA
FOR THE COMMANDER, UNITED NATIONS COMMAND/UNITED STATES FORCES,
KOREA,
DEPARTMENT OF DEFENSE, UNITED STATES OF AMERICA. (SIGNATURE OMITTED)
V. O. LANG
COLONEL, US ARMY
ASSISTANT CHIEF OF STAFF,
J-6 UNITED STATES FORCES
KOREA
KOREA, REPUBLIC OF 23 FEB 1976 FLITE DOCUMENT NO. 7950088
ANNEX NO. DDEA-AF-K-7702 EXECUTED 23 FEBRUARY 1976.
ANNEX TO THE DATA EXCHANGE AGREEMENT OF 15 MAY 1963 REGARDING THE
EXCHANGE OF RESEARCH AND DEVELOPMENT INFORMATION PERTAINING TO METHODS
OF FATIGUE TESTING AND ANALYSIS IN THE FIELD OF AIRCRAFT STRUCTURES AND
MATERIALS.
PURSUANT TO THE TERMS AND CONDITIONS OF THE DATA EXCHANGE AGREEMENT
BETWEEN THE UNITED STATES DEPARTMENT OF DEFENSE AND THE KOREAN MINISTRY
OF DEFENSE DATED 15 MAY 1963, THE TWO DEFENSE DEPARTMENTS HEREBY
ESTABLISH THE FOLLOWING DATA EXCHANGE PROJECT:
1. DESCRIPTION AND CLASSIFICATION
A. SCOPE: THIS PROJECT ENCOMPASSES THE EXCHANGE OF RESEARCH AND
DEVELOPMENT INFORMATION PERTAINING TO METHODS OF FATIGUE TESTING AND
ANALYSIS IN THE FIELD OF AIRCRAFT STRUCTURES AND MATERIALS. THE PROJECT
WILL SUPPORT A REPUBLIC OF KOREA EFFORT TO ESTABLISH A CAPABILITY FOR
AIRCRAFT MODIFICATION AND REPAIR. THE FOLLOWING TYPES OF INFORMATION
WILL BE EXCHANGED:
FAILURES, FRACTURE, AND STRESS ANALYSIS TECHNIQUES, INCLUDING
MATERIALS PROPERTIES DATA.
FATIGUE TEST TECHNIQUES - ALL TEMPERATURES
AIRCRAFT FLIGHT AND GROUND LOADS DATA
FORCE MANAGEMENT TECHNIQUE
B. HIGHEST CLASSIFICATION OF DATA TO BE EXCHANGED: UNCLASSIFIED.
2. ESTABLISHMENTS AND AUTHORITIES CONCERNED
A. FOR THE UNITED STATES
(1) ESTABLISHMENTS:
(A) AIR FORCE FLIGHT DYNAMICS LABORATORY
AFFDL/FB
WRIGHT-PATTERSON AFB OH 45433
(B) AIR FORCE MATERIALS LABORATORY
AFML/MXE
WRIGHT-PATTERSON AFB OH 45433
(C) SACRAMENTO ALC
SM-ALC/MMAO
MCCLELLAN AFB, CA 95652
(D) SAN ANTONIO ALC
SA-ALC/MMCTA
KELLY AFB TX 78241
(2) AUTHORITIES:
(A) PROJECT OFFICER
MR. R. M. BADER
AFFDL/FBE
WRIGHT-PATTERSON AFB OH 45433
(B) MR. C. L. HARMSWORTH
AFML/MXE
WRIGHT-PATTERSON AFB OH 45433
(C) CHIEF, JUSMAG-KOREA
ATTN: MKDA
APO SAN FRANCISCO 96302
B. FOR THE REPUBLIC OF KOREA:
(1) ESTABLISHMENTS:
(A) BUREAU OF DEFENSE INDUSTRY, MINISTRY OF NATIONAL DEFENSE, SEOUL,
KOREA
(B) AGENCY FOR DEFENSE DEVELOPMENT
IPO #3089, SEOUL, KOREA
(2) AUTHORITIES:
(A) ASSISTANT MINISTER FOR LOGISTICS & INSTALLATIONS
MINISTRY OF NATIONAL DEFENSE
(B) VICE PRESIDENT, AGENCY FOR DEFENSE DEVELOPMENT
IPO #3089, SEOUL, KOREA
(C) PROJECT OFFICER:
CHIEF, TECHNICAL MANAGEMENT DIVISION
IPO #3089, SEOUL, KOREA
(NOTE: ONLY THOSE AUTHORITIES LISTED HEREIN ARE AUTHORIZED TO
INITIATE CORRESPONDENCE. SUCH CORRESPONDENCE WILL BE TRANSMITTED
THROUGH THE PROJECT OFFICER CHANNEL AS PRESCRIBED IN PARAGRAPH 3.A OF
THE DATA EXCHANGE AGREEMENT.)
IN WITNESS WHEREOF, THE PARTIES HERETO HAVE EXECUTED THIS ANNEX NO.
DDEA-AF-76-K-7702 TO THE DATA EXCHANGE AGREEMENT ON THIS 23RD DAY OF
FEBRUARY 1976.
FOR THE MINISTRY OF DEFENSE
OF THE REPUBLIC OF KOREA (SIGNATURE OMITTED)
LIEUTENANT GENERAL PARK, SEOK CHU
ASSISTANT MINISTER FOR LOGISTICS AND INSTALLATIONS
MINISTRY OF NATIONAL DEFENSE
REPUBLIC OF KOREA
FOR THE DEPARTMENT OF DEFENSE OF
THE UNITED STATES OF AMERICA (SIGNATURE OMITTED) KENDALL RANDALL,
MAJOR GENERAL, USAF
. . . DEVELOPMENT
KOREA, REPUBLIC OF 23 FEB 1976 FLITE DOCUMENT NO. 7950087
ANNEX NO. DDEA-A-75-K-1203 EXECUTED 23 FEBRUARY 1976.
ANNEX TO THE DATA EXCHANGE AGREEMENT OF 15 MAY 1963 REGARDING THE
DEVELOPMENT OF SYSTEM ANALYSIS AND TEST AND EVALUATION OF THE ANTITANK
MISSILE TOW.
TITLE: ANTITANK SYSTEMS
PURSUANT TO THE TERMS AND CONDITIONS OF THE DATA EXCHANGE AGREEMENT
BETWEEN THE UNITED STATES DEPARTMENT OF DEFENSE AND THE KOREAN MINISTRY
OF DEFENSE DATED 15 MAY 1963, THE TWO DEFENSE DEPARTMENTS HEREBY
ESTABLISH THE FOLLOWING DATA EXCHANGE PROJECT:
1. DESCRIPTION AND CLASSIFICATION:
A. SCOPE: THIS PROJECT ENCOMPASSES THE EXCHANGE OF TECHNOLOGICAL
DATA PERTAINING TO THE DEVELOPMENT OF SYSTEM ANALYSIS AND TEST AND
EVALUATION OF THE ANTITANK MISSILE TOW AND PERTAINING TO US
TECHNOLOGICAL ASSISTANCE TO THE REPUBLIC OF KOREA.
AREAS OF PARTICULAR INTEREST INCLUDE:
SYSTEM ANALYSIS
TEST AND EVALUATION TECHNOLOGY
SYSTEM SIMULATION TECHNOLOGY
SYSTEM AND COMPONENT DESIGN METHODOLOGY AND DATA FOR ANTITANK MISSILE
TOW:
(1) OPTICAL SIGHTING EQUIPMENT
(2) LAUNCHERS
(3) MOUNT
(4) MISSILE GUIDANCE AND CONTROL SYSTEMS
(5) ANCILLARY EQUIPMENT
SYSTEM AND COMPONENT DESIGN METHODOLOGY AND DATA FOR THE ANTITANK
MISSILE TOW:
(1) LAUNCHERS
(2) AIR FRAMES
(3) GUIDANCE AND CONTROL SYSTEMS
(4) PROPULSION SYSTEM
(5) ANCILLARY EQUIPMENT
THERE IS NOT IMPLIED HEREIN ANY COMMITMENT TO FURNISH MANUFACTURING
DATA OR TO TRANSFER ANY PRODUCTION PROPRIETARY OR PATENT RIGHTS INVOLVED
IN THIS INFORMATION.
B. HIGHEST CLASSIFICATION OF DATA TO BE EXCHANGED: CONFIDENTIAL.
2. ESTABLISHMENT AND AUTHORITIES CONCERNED:
A. FOR THE UNITED STATES:
(1) ESTABLISHMENTS.
(A) HQ, US ARMY MATERIEL DEVELOPMENT AND READINESS COMMAND, ATTN:
DRCIRD, 5001 EISENHOWER AVENUE, ALEXANDRIA, VIRGINIA 22333
(2) AUTHORITIES.
(B) PROJECT OFFICER:
CHIEF, OFFICE OF INTERNATIONAL RESEARCH & DEVELOPMENT
ATTN: DRCIRD
US ARMY MATERIEL DEVELOPMENT AND READINESS COMMAND
5001 EISENHOWER AVENUE
ALEXANDRIA, VIRGINIA 22333
(C) TECHNICAL PROJECT OFFICER:
MR. HAROLD BURNAM
ADVANCED SYSTEMS CONCEPTS OFFICE (AMSMI-RFLB)
US ARMY MISSILE RESEARCH, DEVELOPMENT & ENGINEERING LABORATORY
US ARMY MISSILE COMMAND
REDSTONE ARSENAL, ALABAMA 35809
B. FOR THE REPUBLIC OF KOREA:
(1) ESTABLISHMENT.
(A) BUREAU OF DEFENSE INDUSTRY
MINISTRY OF NATIONAL DEFENSE
(B) AGENCY FOR DEFENSE DEVELOPMENT
(2) AUTHORITIES.
(A) ASSISTANT MINISTER FOR LOGISTICS AND INSTALLATIONS
MINISTRY OF NATIONAL DEFENSE
(B) PROJECT OFFICE
VICE PRESIDENT, AGENCY FOR DEFENSE DEVELOPMENT
NOTES: ONLY THOSE AUTHORITIES LISTED HEREIN ARE AUTHORIZED TO
INITIATE CORRESPONDENCE. SUCH CORRESPONDENCE WILL BE TRANSMITTED
THROUGH THE PROJECT OFFICER CHANNEL AS PRESCRIBED IN PARAGRAPH 3.A. OF
THE MASTER DATA EXCHANGE AGREEMENT.
IN WITNESS WHEREOF, THE PARTIES HERETO HAVE EXECUTED THIS ANNEX NO.
DDEA-A-75-K-1203 TO THE MASTER DATA EXCHANGE AGREEMENT ON THIS 23RD DAY
OF FEBRUARY 1976.
FOR THE GOVERNMENT OF
THE REPUBLIC OF KOREA: (SIGNATURE OMITTED)
LIEUTENANT GENERAL PAI, SEOK CHU
ASSISTANT MINISTER FOR LOGISTICS AND INSTALLATIONS
MINISTRY OF NATIONAL DEFENSE
REPUBLIC OF KOREA
FOR THE GOVERNMENT OF
THE UNITED STATES OF AMERICA: (SIGNATURE OMITTED)
GEORGE SAMMET, JR.
LIEUTENANT GENERAL, USA
DEPUTY COMMANDING GENERAL FOR MATERIEL DEVELOPMENT
US ARMY MATERIEL DEVELOPMENT AND READINESS COMMAND
KOREA, REPUBLIC OF 23 FEB 1976 FLITE DOCUMENT NO. 7950086
ANNEX NO. DDEA-A-75-K-1202 EXECUTED 23 FEBRUARY 1976.
ANNEX TO THE DATA EXCHANGE AGREEMENT OF 15 MAY 1963 REGARDING
MODIFICATION OF THE SURFACE-TO-SURFACE MISSILE, HONEST JOHN.
TITLE: SHORT RANGE SURFACE-TO-SURFACE MISSILE
PURSUANT TO THE TERMS AND CONDITIONS OF THE DATA EXCHANGE AGREEMENT
BETWEEN THE UNITED STATES DEPARTMENT OF DEFENSE AND THE KOREAN MINISTRY
OF DEFENSE DATED 15 MAY 1963, THE TWO DEFENSE DEPARTMENTS HEREBY
ESTABLISH THE FOLLOWING DATA EXCHANGE PROJECT:
1. DESCRIPTION AND CLASSIFICATION:
A. SCOPE: THIS PROJECT ENCOMPASSES THE EXCHANGE OF TECHNOLOGICAL
DATA PERTAINING TO THE DEVELOPMENT OF SYSTEMS ANALYSIS AND TEST AND
EVALUATION OF SHORT RANGE TACTICAL SURFACE-TO-SURFACE MISSILES WITH
GUIDANCE WITH EMPHASIS ON US TECHNOLOGICAL ASSISTANCE DIRECTED AT
MODIFICATION OF THE HONEST JOHN ROCKET SYSTEMS IN THE ROK INVENTORY WITH
GUIDANCE OPTIONS THAT COULD MAKE THEM MORE ATTRACTIVE IN THE
SURFACE-TO-SURFACE ROLE.
AREAS OF PARTICULAR INTEREST INCLUDE:
SYSTEMS ANALYSIS
TEST AND EVALUATION TECHNOLOGY
SYSTEM SIMULATION TECHNOLOGY
SYSTEM AND COMPONENT DESIGN METHODOLOGY AND DATA FOR
SURFACE-TO-SURFACE MISSILES:
(1) LAUNCHERS
(2) AIR FRAMES
(3) GUIDANCE AND CONTROL SYSTEMS
(4) PROPULSION SYSTEM
(5) ANCILLARY EQUIPMENT
THERE IS NOT IMPLIED HEREIN ANY COMMITMENT TO FURNISH MANUFACTURING
DATA OR TO TRANSFER ANY PRODUCTION PROPRIETARY OR PATENT RIGHT INVOLVED
IN THIS INFORMATION.
B. HIGHEST CLASSIFICATION OF DATA TO BE EXCHANGED: CONFIDENTIAL.
2. ESTABLISHMENT AND AUTHORITIES CONCERNED:
A. FOR THE UNITED STATES:
(1) ESTABLISHMENTS.
(A) HQ, US ARMY MATERIEL DEVELOPMENT AND READINESS COMMAND, ATTN:
DRCIRD, 5001 EISENHOWER AVENUE, ALEXANDRIA, VIRGINIA 22333
(B) US ARMY MISSILE COMMAND, REDSTONE ARSENAL, ALABAMA 35809
(2) AUTHORITIES.
(A) CHIEF, JUSMAG-KOREA, ATTN: ACOFS, DEVELOPMENT & ACQUISITION, APO
SAN FRANCISCO, CALIFORNIA 96302
(B) PROJECT OFFICER:
CHIEF, OFFICE OF INTERNATIONAL RESEARCH & DEVELOPMENT
ATTN: DRCIRD
US ARMY MATERIEL DEVELOPMENT AND READINESS COMMAND
5001 EISENHOWER AVENUE
ALEXANDRIA, VIRGINIA 22333
(C) TECHNICAL PROJECT OFFICER:
MR. JOHN WOMBLE
ADVANCED SYSTEM CONCEPTS OFFICE (AMSMI-RFLB)
US ARMY MISSILE RESEARCH, DEVELOPMENT & ENGINEERING LABORATORY
US ARMY MISSILE COMMAND
REDSTONE ARSENAL, ALABAMA 35809
B. FOR THE REPUBLIC OF KOREA:
(1) ESTABLISHMENT.
(A) BUREAU OF DEFENSE INDUSTRY
MINISTRY OF NATIONAL DEFENSE
(B) AGENCY FOR DEFENSE DEVELOPMENT
(2) AUTHORITIES.
(A) ASSISTANT MINISTER FOR LOGISTICS AND INSTALLATIONS
MINISTRY OF NATIONAL DEFENSE
(B) PROJECT OFFICER
VICE PRESIDENT, AGENCY FOR DEFENSE DEVELOPMENT
NOTES: ONLY THOSE AUTHORITIES LISTED HEREIN ARE AUTHORIZED TO
INITIATE CORRESPONDENCE. SUCH CORRESPONDENCE WILL BE TRANSMITTED
THROUGH THE PROJECT OFFICER CHANNEL AS PRESCRIBED IN PARAGRAPH 3.A. OF
THE MASTER DATA EXCHANGE AGREEMENT.
IN WITNESS WHEREOF, THE PARTIES HERETO HAVE EXECUTED THIS ANNEX NO.
DDEA-A-75-K-1202 TO THE MASTER DATA EXCHANGE AGREEMENT ON THIS 23RD DAY
OF FEBRUARY 1976.
FOR THE GOVERNMENT OF
THE REPUBLIC OF KOREA: (SIGNATURE OMITTED)
LIEUTENANT GENERAL PAIK, SEOK CHU
ASSISTANT MINISTER FOR LOGISTICS
AND INSTALLATIONS
MINISTRY OF NATIONAL DEFENSE
REPUBLIC OF KOREA
FOR THE GOVERNMENT OF
THE UNITED STATES OF AMERICA (SIGNATURE OMITTED)
GEORGE SAMMET, JR.
LIEUTENANT GENERAL, USA
DEPUTY COMMANDING GENERAL
FOR MATERIEL DEVELOPMENT
US ARMY MATERIEL DEVELOPMENT
AND READINESS COMMAND
KOREA, REPUBLIC OF 23 FEB 1976 FLITE DOCUMENT NO. 7950085
ANNEX NO. DDEA-A-75-K-1201 EXECUTED 23 FEBRUARY 1976.
ANNEX TO THE DATA EXCHANGE AGREEMENT OF 15 MAY 1963 REGARDING
MODIFICATION OF THE SURFACE-TO-AIR MISSILE, HERCULES.
TITLE: SURFACE-TO-AIR MISSILE
PURSUANT TO THE TERMS AND CONDITIONS OF THE DATA EXCHANGE AGREEMENT
BETWEEN THE UNITED STATES DEPARTMENT OF DEFENSE AND THE KOREAN MINISTRY
OF DEFENSE DATED 15 MAY 1963, THE TWO DEFENSE DEPARTMENTS HEREBY
ESTABLISH THE FOLLOWING DATA EXCHANGE PROJECT:
1. DESCRIPTION AND CLASSIFICATION:
A. SCOPE: THIS PROJECT ENCOMPASSES THE EXCHANGE OF RESEARCH AND
DEVELOPMENT INFORMATION PERTAINING TO THE DEVELOPMENT OF SYSTEM ANALYSIS
AND TEST AND EVALUATION OF SURFACE-TO-AIR MISSILES AND PERTAINING TO US
TECHNOLOGICAL ASSISTANCE TO ROK EFFORTS DIRECTED AT MODIFICATION OF THE
SURFACE-TO-AIR MISSILE HERCULES IN THE ROK INVENTORY. AREAS OF
PARTICULAR INTEREST INCLUDE:
SYSTEM ANALYSIS
TEST AND EVALUATION TECHNOLOGY
SYSTEM AND COMPONENT DESIGN METHODOLOGY AND DATA FOR:
(1) TRACKING RADAR
(2) COMMAND COMPUTER
(3) MISSILE AERODYNAMICS
(4) AIRBORNE GUIDANCE AND CONTROL SYSTEM
(5) PROPULSION SYSTEM
(6) LAUNCHING SYSTEM
(7) ACQUISITION RADAR
SYSTEM SIMULATION TECHNOLOGY
FABRICATION AND IMPLEMENTATION TECHNOLOGY
TELEMETRY
THERE IS NOT IMPLIED HEREIN ANY COMMITMENT TO FURNISH MANUFACTURING
DATA OR TO TRANSFER ANY PRODUCTION PROPRIETARY OR PATENT RIGHTS INVOLVED
IN THIS INFORMATION.
B. HIGHEST CLASSIFICATION OF DATA TO BE EXCHANGED: CONFIDENTIAL.
2. ESTABLISHMENT AND AUTHORITIES CONCERNED:
A. FOR THE UNITED STATES:
(1) ESTABLISHMENTS.
(A) HQ, US ARMY MATERIAL DEVELOPMENT AND READINESS COMMAND, ATTN:
DRCIRD, 5001 EISENHOWER AVENUE, ALEXANDRIA, VIRGINIA 22333
(B) US ARMY MISSILE COMMAND, REDSTONE ARSENAL, ALABAMA 35809
(2) AUTHORITIES.
(A) CHIEF, JUSMAG-KOREA, ATTN: ACOFS, DEVELOPMENT & ACQUISITION, APO
SAN FRANCISCO, CALIFORNIA 96302
(B) PROJECT OFFICER:
CHIEF, OFFICE OF INTERNATIONAL RESEARCH & DEVELOPMENT
ATTN: DRCIRD
US ARMY MATERIEL DEVELOPMENT AND READINESS COMMAND
5001 EISENHOWER AVENUE
ALEXANDRIA, VIRGINIA 22333
(C) TECHNICAL PROJECT OFFICER:
MR. EARL BIBLE, ADVANCED SYSTEMS CONCEPTS OFFICE (AMSMI-RFLB)
US ARMY MISSILE RESEARCH, DEVELOPMENT & ENGINEERING LABORATORY
US ARMY MISSILE COMMAND REDSTONE ARSENAL, ALABAMA 35809
B. FOR THE REPUBLIC OF KOREA:
(1) ESTABLISHMENT.
(A) BUREAU OF DEFENSE INDUSTRY
MINISTRY OF NATIONAL DEFENSE
(B) AGENCY FOR DEFENSE DEVELOPMENT
(2) AUTHORITIES.
(A) ASSISTANT MINISTER FOR LOGISTICS AND INSTALLATIONS
MINISTRY OF NATIONAL DEFENSE
(B) PROJECT OFFICER.
VICE PRESIDENT, AGENCY FOR DEFENSE DEVELOPMENT
NOTES: ONLY THOSE AUTHORITIES LISTED HEREIN ARE AUTHORIZED TO
INITIATE CORRESPONDENCE. SUCH CORRESPONDENCE WILL BE TRANSMITTED
THROUGH THE PROJECT OFFICER CHANNEL AS PRESCRIBED IN PARAGRAPH 3.A. OF
THE MASTER DATA EXCHANGE AGREEMENT.
IN WITNESS WHEREOF, THE PARTIES HERETO HAVE EXECUTED THIS ANNEX NO.
DDEA-A-75-K1201 TO THE MASTER DATA EXCHANGE AGREEMENT ON THIS 23RD DAY
OF FEBRUARY 1976.
FOR THE GOVERNMENT OF
THE REPUBLIC OF KOREA: (SIGNATURE OMITTED)
LIEUTENANT GENERAL PAIK, SEOK CHU
ASSISTANT MINISTER FOR LOGISTICS AND INSTALLATIONS
MINISTRY OF NATIONAL DEFENSE
REPUBLIC OF KOREA
FOR THE GOVERNMENT OF
THE UNITED STATES OF AMERICA: (SIGNATURE OMITTED)
GEORGE SAMMET, JR.
LIEUTENANT GENERAL, USA
DEPUTY COMMANDING GENERAL
FOR MATERIEL DEVELOPMENT
US ARMY MATERIEL DEVELOPMENT
AND READINESS COMMAND
ISRAEL 21 JAN 1976 FLITE DOCUMENT NO. 7950084
CREDIT AGREEMENT EXECUTED 21 JANUARY 1976.
CREDIT AGREEMENT REGARDING THE PURCHASE OF DEFENSE ITEMS.
CREDIT AGREEMENT, MADE AND ENTERED INTO THE 21ST DAY OF JANUARY 1976
BETWEEN THE GOVERNMENT OF ISRAEL, REPRESENTED BY ITS MINISTRY OF
DEFENSE, AND THE GOVERNMENT OF THE UNITED STATES OF AMERICA, REPRESENTED
BY THE DEPARTMENT OF DEFENSE OF THE UNITED STATES OF AMERICA.
WHEREAS, THE GOVERNMENT OF ISRAEL (HEREINAFTER SOMETIMES REFERRED TO
AS THE "BORROWER") DESIRES TO ENTER OR HAS ENTERED, INTO PURCHASE
CONTRACTS (HEREINAFTER REFERRED TO AS "PURCHASE ARRANGEMENTS") WITH THE
MILITARY DEPARTMENTS AND AGENCIES OF THE UNITED STATES DEPARTMENT OF
DEFENSE (HEREINAFTER REFERRED TO AS "DOD") AND/OR VARIOUS UNITED STATES
COMMERCIAL SUPPLIERS FOR THE PURCHASE OF DEFENSE ARTICLES AND DEFENSE
SERVICES OF UNITED STATES ORIGIN (HEREINAFTER COLLECTIVELY REFERRED TO
AS "DEFENSE ITEMS"); AND
WHEREAS, THE BORROWER HAS REQUESTED THE GOVERNMENT OF THE UNITED
STATES OF AMERICA (HEREINAFTER SOMETIMES REFERRED TO AS THE "LENDER") TO
FINANCE PAYMENTS REQUIRED TO BE MADE BY THE BORROWER UNDER THE PURCHASE
ARRANGEMENTS; AND
WHEREAS, THE AFORESAID REQUESTED CREDIT WILL FACILITATE THE PURPOSES
OF THE UNITED STATES FOREIGN MILITARY SALES ACT, AS AMENDED:
NOW THEREFORE, IN CONSIDERATION OF THE PREMISE AND THE MUTUAL
COVENANTS HEREINAFTER SET FORTH, AND IN IMPLEMENTATION OF, AND SUBJECT
TO THE PROVISIONS OF THE MUTUAL DEFENSE ASSISTANCE AGREEMENT BETWEEN THE
GOVERNMENT OF ISRAEL AND THE GOVERNMENT OF THE UNITED STATES OF AMERICA,
DATED JULY 23, 1952, THE PARTIES HERETO AGREE AS FOLLOWS:
1. SUBJECT TO THE TERMS AND CONDITIONS HEREOF, THE LENDER AGREES TO
MAKE LOANS TO THE BORROWER FROM TIME TO TIME IN AN AGGREGATE PRINCIPAL
AMOUNT UP TO BUT NOT EXCEEDING $100,000,000 (HEREINAFTER CALLED THE
"COMMITMENT").
2. THE AFORESAID COMMITMENT SHALL BE AVAILABLE ONLY TO FINANCE THE
PURCHASE OF DEFENSE ITEMS BY THE BORROWER PURSUANT TO PURCHASE
ARRANGEMENTS AUTHORIZED FOR SUCH FINANCING BY DOD WHICH ARE ENTERED INTO
BY THE BORROWER ON OR BEFORE 31 DECEMBER 1976. EACH AUTHORIZATION FOR
THE BORROWER TO ENTER INTO A PURCHASE ARRANGEMENT IN IMPLEMENTATION OF
THIS CREDIT AGREEMENT SHALL BE SEPARATELY COMMUNICATED BY DOD IN WRITING
TO THE BORROWER, WHICH AUTHORIZATION SHALL SPECIFY THE DEFENSE ITEMS AND
THE AMOUNT OF CREDIT AUTHORIZED FOR THAT PURCHASE ARRANGEMENT. THE
BORROWER SHALL INCORPORATE INTO EACH SUCH PURCHASE ARRANGEMENT WITH
COMMERCIAL SUPPLIERS THE PROVISIONS OF ANNEX A HERETO AND ATTACH AS AN
EXHIBIT TO THE PURCHASE ARRANGEMENT A TRUE COPY OF THE APPLICABLE
AFORESAID AUTHORIZATION AND OF PARAGRAPH 9 OF THIS CREDIT ARRANGEMENT.
3. EACH LOAN HEREUNDER BY THE LENDER SHALL BE MADE IN ACCORDANCE
WITH THE FOLLOWING PROCEDURES:
(A) EACH LOAN SHALL BE MADE ON SUCH DATE (HEREINAFTER REFERRED TO AS
A "DISBURSEMENT DATE") AS MAY BE DESIGNATED BY THE BORROWER FROM TIME TO
TIME UPON TEN (10) DAYS WRITTEN NOTICE BY THE BORROWER TO THE LENDER.
(B) EACH NOTICE SHALL SPECIFY THE AMOUNT OF THE LOAN TO BE MADE BY
THE LENDER ON THE DISBURSEMENT DATE, AND SHALL SPECIFY THE SUPPLIER OR
SUPPLIERS (INCLUDING THE MILITARY DEPARTMENT OR AGENCIES OF DOD) TO WHOM
THE DISBURSEMENT IS TO BE REMITTED BY THE LENDER.
(C) EACH NOTICE SHALL BE SENT TO THE COMPTROLLER, DEFENSE SECURITY
ASSISTANCE AGENCY, THE PENTAGON, WASHINGTON, D.C. 20301.
(D) IN THE CASE OF DISBURSEMENTS REQUESTED TO BE MADE TO COMMERCIAL
SUPPLIERS, THE INVOICES SHALL BE PREPARED IN ACCORDANCE WITH THE
PROCEDURE SET FORTH IN ANNEX A HERETO.
(E) IN THE CASE OF DISBURSEMENTS REQUESTED TO BE MADE TO THE MILITARY
DEPARTMENTS AND AGENCIES OF DOD, THE NOTICES SHALL HAVE ANNEXED THERETO
COPIES OF THE PAYMENT REQUEST RECEIVED BY THE BORROWER FROM SUCH
MILITARY DEPARTMENT OR AGENCY AGAINST WHICH DISBURSEMENT IS REQUESTED.
(F) WITH EACH NOTICE, THE BORROWER SHALL CONCURRENTLY TRANSMIT TO THE
LENDER AT THE ADDRESS SET FORTH IN SUBPARAGRAPH (C) ABOVE OF THIS
PARAGRAPH A PROMISSORY NOTE SUBSTANTIALLY IN THE FORM OF ANNEX B HERETO
(WITH THE BLANKS APPROPRIATELY FILLED IN) RECITING THE OBLIGATION OF THE
BORROWER TO REPAY THE AMOUNT OF SUCH LOAN WITH INTEREST THEREON AS
HEREINAFTER SET FORTH. (THE PROMISSORY NOTES HEREINABOVE REFERRED TO
ARE HEREINAFTER CALLED THE "NOTES" AND INDIVIDUALLY A "NOTE").
4. (A) ALL DEFENSE ARTICLES, THE PURCHASE OF WHICH IS TO BE FINANCED
HEREUNDER, AND WHICH MAY BE TRANSPORTED BY OCEAN VESSEL, SHALL BE
TRANSPORTED IN VESSELS OF UNITED STATES REGISTRY UNLESS A WAIVER OF THIS
REQUIREMENT IS OBTAINED. MARINE TRANSPORTATION WAIVER PROCEDURES ARE AT
ANNEX C HERETO.
(B) IF A WAIVER IS NECESSARY, THE BORROWER'S REQUEST SHOULD BE
ADDRESSED TO THE DIRECTOR, DEFENSE SECURITY ASSISTANCE AGENCY, THE
PENTAGON, WASHINGTON, D.C. 20301, WITH A COPY TO THE DIRECTOR, OFFICE
OF MARKET DEVELOPMENT, MARITIME ADMINISTRATION, U.S. DEPARTMENT OF
COMMERCE, WASHINGTON, D.C. 20301.
(C) A WAIVER MAY BE GRANTED BY THE DIRECTOR, DEFENSE SECURITY
ASSISTANCE AGENCY, UPON REQUEST BY THE BORROWER:
(1) WHERE THE BORROWER PROPOSES TO TRANSPORT NOT MORE THAN FIFTY
PERCENT (50%) OF THE SHIPMENT ABOARD VESSELS OF ITS NATIONAL FLAG, UPON
THE CONDITION THAT THE IMPORTING COUNTRY DOES NOT DISCRIMINATE AGAINST
VESSELS OF U.S. REGISTRY. (WHEN SO REQUESTING, THE BORROWER MUST SUBMIT
ITS REQUEST SUFFICIENTLY IN ADVANCE OF THE INTENDED SHIPPING DATE TO
ENABLE VERIFICATION OF THE TREATMENT ACCORDED VESSELS OF U.S. REGISTRY
BY THE IMPORTING NATION, AND TO PROCESS THE APPLICATION.); OR
(2) ON THE BASIS OF THE NON-AVAILABILITY OF VESSELS OF UNITED STATES
REGISTRY AT REASONABLE RATES. (WHEN SO REQUESTING, THE BORROWER MUST
ESTABLISH AND DOCUMENT ALL APPLICABLE COMPARATIVE RATES, AND MUST SUBMIT
SUCH INFORMATION SUFFICIENTLY IN ADVANCE OF THE INTENDED SHIPPING DATE
TO ENABLE VERIFICATION OF THE NON-AVAILABILITY OF VESSELS OF UNITED
STATES REGISTRY AT REASONABLE RATES AND TO PROCESS THE APPLICATION.);
(3) ON THE BASIS OF THE NON-AVAILABILITY OF VESSELS OF UNITED STATES
REGISTRY. (WHEN SO REQUESTING, THE BORROWER MUST ESTABLISH AND DOCUMENT
THAT IT HAS MADE A REASONABLE, TIMELY AND BONA FIDE EFFORT TO ARRANGE
SHIPMENT ON VESSELS OF UNITED STATES REGISTRY, AND THAT SUCH VESSELS ARE
NOT AVAILABLE. SUCH APPLICATION MUST BE SUBMITTED SUFFICIENTLY IN
ADVANCE OF THE INTENDED SHIPPING DATE TO ENABLE VERIFICATION OF THE
NON-AVAILABILITY OF UNITED STATES REGISTRY AND TO PROCESS THE
APPLICATION.);
(4) ON THE BASIS OF SECURITY REQUIREMENTS OF THE BORROWER TO ASSURE
SAFE ARRIVAL (WHEN SO REQUESTING, THE BORROWER MUST PROVIDE THE SPECIFIC
SECURITY OR SAFETY REQUIREMENTS AND INFORMATION INVOLVED IN SUCH
SHIPMENTS SUFFICIENTLY IN ADVANCE OF THE INTENDED SHIPPING DATE TO
ENABLE VERIFICATION OF THE SECURITY OR SAFETY REQUIREMENTS AND TO
PROCESS THE APPLICATION.)
(D) THE BORROWER OR ITS COMMERCIAL SUPPLIERS SHALL BE RESPONSIBLE FOR
OBTAINING SUCH EXPORT LICENSES AS MAY BE NECESSARY FOR DEFENSE ITEMS
FINANCED HEREUNDER.
5. THIS AGREEMENT EVIDENCES THE LEGAL AND BINDING OBLIGATION OF THE
BORROWER TO MAKE REPAYMENTS TO THE LENDER FOR DISBURSEMENTS MADE BY THE
LENDER IN ACCORDANCE WITH THE TERMS HEREOF. THE LENDER MAY SELL OR
ASSIGN, IN WHOLE OR IN PART, ITS RIGHTS TO SAID REPAYMENTS AND MAY, WITH
RESPECT TO SUCH SALE OR ASSIGNMENT, GUARANTEE PAYMENT OF THE SAME.
6. (A) THE BORROWER SHALL REPAY THE DISBURSEMENTS MADE BY THE LENDER
IN ACCORDANCE WITH THE PRINCIPAL REPAYMENT SCHEDULE SET FORTH IN ANNEX D
HERETO, AND SHALL PAY INTEREST SEMIANNUALLY ON JUNE 30 AND DECEMBER 31
COMMENCING JUNE 30, 1976 AT THE RATE OF SEVEN AND THREE-QUARTERS
(7-3/4%) PERCENT PER ANNUM, USING A 365 DAY FACTOR, ON THE AMOUNT FROM
TIME TO TIME CUMULATIVE DISBURSEMENTS EXCEED REPAYMENTS OF PRINCIPAL.
(B) IF ON ANY INSTALLMENT REPAYMENT DATE SET FORTH IN THE PRINCIPAL
REPAYMENT SCHEDULE THE BORROWER SHALL NOT HAVE AVAILED ITSELF OF THE
COMMITMENT OF THE LENDER IN AN AGGREGATE AMOUNT (LESS REPAYMENTS
PREVIOUSLY MADE) EQUAL TO THE AGGREGATE INSTALLMENT OF PRINCIPAL WHICH
IS REPAYABLE ON SUCH DATE TO THE LENDER, THE BORROWER SHALL, ON SUCH
INSTALLMENT REPAYMENT DATE, REPAY TO THE LENDER THE FULL AMOUNT (LESS
REPAYMENTS PREVIOUSLY MADE) TO WHICH IT HAS AVAILED ITSELF OF THE
COMMITMENT OF THE LENDER TO SUCH DATE, TOGETHER WITH THE INTEREST
ACCRUED THEREON. IF AT ANY TIME THEREAFTER THE BORROWER SHALL AVAIL
ITSELF OF THE COMMITMENT OF THE LENDER IN AN AMOUNT WHICH WOULD HAVE
BEEN REPAYABLE ON A PRIOR INSTALLMENT REPAYMENT DATE BUT FOR THE
PROVISIONS OF THE IMMEDIATELY PRECEEDING SENTENCE, SUCH AMOUNT, TOGETHER
WITH THE INTEREST ACCRUED THEREON, SHALL BE REPAYABLE ON THE NEXT
SUCCEEDING INSTALLMENT DATE OF THE PRINCIPAL REPAYMENT SCHEDULE
OCCURRING AFTER THE DISBURSEMENT OF SUCH AMOUNT AND THE SAID AGGREGATE
INSTALLMENT OF PRINCIPAL REPAYABLE UNDER THE PRINCIPAL REPAYMENT
SCHEDULE TO THE LENDER ON THAT DATE SHALL BE INCREASED BY SUCH AMOUNT.
(C) IF BY THE DATE SPECIFIED IN PARAGRAPH 2 ABOVE, THE BORROWER SHALL
NOT HAVE ENTERED INTO AUTHORIZED PURCHASE ARRANGEMENTS IN AN AGGREGATE
AMOUNT EQUAL TO THE ENTIRE AMOUNT OF THE COMMITMENT, THE INSTALLMENTS OF
PRINCIPAL REPAYABLE TO THE LENDER SET FORTH IN THE PRINCIPAL REPAYMENT
SCHEDULE SHALL BE REDUCED IN THE INVERSE ORDER OF THE MATURITY THEREOF
TO THE EXTENT OF THE UNUSED BALANCE OF THE COMMITMENT.
(D) WHENEVER ANY REPAYMENT TO BE MADE BY THE BORROWER SHALL BE DUE ON
A SATURDAY, SUNDAY, OR PUBLIC HOLIDAY UNDER THE LAWS OF THE LENDER, SUCH
REPAYMENT MAY BE MADE ON THE NEXT SUCCEEDING BUSINESS DAY, AND SUCH
EXTENSION OF TIME SHALL IN SUCH CASE BE INCLUDED IN COMPUTING INTEREST
IN CONNECTION WITH SUCH REPAYMENT BUT EXCLUDED FROM THE NEXT INTEREST
PERIOD.
(E) THE BORROWER MAY PREPAY THE CREDIT EXTENDED UNDER THIS AGREEMENT
IN PART OR IN FULL ON ANY INTEREST PAYMENT DATE WITHOUT PENALTY OR
PREMIUM, BUT SUCH PREPAYMENT MUST BE ACCOMPANIED BY PAYMENT OF INTEREST
ON THE AMOUNT PREPAID TO THE DATE OF PREPAYMENT AND MUST BE APPLIED TO
THE SATISFACTION OF INSTALLMENTS OF PRINCIPAL REPAYMENTS IN THE INVERSE
ORDER OF THEIR MATURITIES.
(F) ALL REPAYMENTS BY THE BORROWER ON ACCOUNT OF PRINCIPAL OR
INTEREST SHALL BE IN LAWFUL MONEY OF THE UNITED STATES OF AMERICA AND IN
IMMEDIATELY AVAILABLE FUNDS, FREE AND CLEAR OF, AND WITHOUT DEDUCTION
FOR, ANY AND ALL TAXES, LEVIES, IMPOSTS, DEDUCTIONS AND WITHHOLDINGS
WHATSOEVER IMPOSED, LEVIED, COLLECTED OR ASSESSED WITH RESPECT THERETO
BY ANY CENTRAL OR LOCAL AUTHORITY OF ISRAEL.
7. (A) THE NOTES SHALL BE FURTHER EVIDENCE OF THE OBLIGATION OF THE
BORROWER TO REPAY THE LOANS MADE HEREUNDER. EACH NOTE SHALL BE DATED
THE PARTICULAR DISBURSEMENT DATE OF THE LOAN WHICH SUCH NOTE EVIDENCES,
SHALL BE PAYABLE TO THE ORDER OF THE GOVERNMENT OF THE UNITED STATES IN
THE PRINCIPAL AMOUNT OF SUCH DISBURSEMENT, AND SHALL BEAR INTEREST ON
THE UNPAID PRINCIPAL AMOUNT THEREOF AS PROVIDED IN PARAGRAPH 6(A).
(B) THE NOTES SHALL BE COMPLETED BY THE BORROWER IN SUCH A MANNER
THAT REPAYMENT OF SUCH LOANS SHALL BE MADE IN THE ORDER OF THEIR
DISBURSEMENT, UTILIZING THE PRINCIPAL REPAYMENT SCHEDULE SET FORTH IN
ANNEX D (AS THE SAME MAY BE ADJUSTED, IN ACCORDANCE WITH PARAGRAPHS 6(B)
AND 6(C) HEREOF), AND, IN DETERMINING WHETHER A PARTICULAR LOAN IS
PAYABLE IN ONE OR MORE INSTALLMENTS, UTILIZING A PARTICULAR INSTALLMENT
PAYMENT DATE ONLY AFTER THE FULL UTILIZATION OF THE NEXT PRECEDING
INSTALLMENT DATE.
(C) EACH NOTE SHALL BE SIGNED ON BEHALF OF THE BORROWER BY THE
DIRECTOR OR DEPUTY DIRECTOR OF THE MINISTRY OF DEFENSE MISSION, NEW
YORK, AND THE TREASURER OR ASSISTANT TREASURER OF THE MINISTRY OF
DEFENSE MISSION, NEW YORK.
8. (A) THE BORROWER REPRESENTS AND WARRANTS THAT THE MAKING AND
PERFORMANCE OF THIS AGREEMENT HAVE BEEN DULY AUTHORIZED IN ACCORDANCE
WITH THE LAWS OF ISRAEL AND SHALL FURNISH TO THE LENDER UPON REQUEST
EVIDENCE, SATISFACTORY TO THE LENDER, OF THE AUTHORITY OF THE PERSON OR
PERSONS WHO HAVE SIGNED THIS AGREEMENT ON BEHALF OF THE BORROWER AND OF
THE PERSON OR PERSONS WHO WILL SIGN THE NOTES PROVIDED FOR HEREIN ON
BEHALF OF THE BORROWER, TOGETHER WITH THE AUTHENTICATED SPECIMEN
SIGNATURE, IN DUPLICATE, OF EACH OF THE LATTER.
(B) THIS AGREEMENT SHALL INSURE TO THE BENEFITS OF THE HOLDERS OF THE
NOTES, THEIR RESPECTIVE SUCCESSORS AND ASSIGNS. THIS AGREEMENT AND THE
NOTES SHALL BE DEEMED TO BE CONTRACTS UNDER THE LAW OF THE DISTRICT OF
COLUMBIA AND FOR ALL PURPOSES SHALL BE CONSTRUED IN ACCORDANCE WITH SAID
LAW. THE BORROWER AGREES THAT JURISDICTION MAY BE TAKEN BY COURTS IN
THE DISTRICT OF COLUMBIA WITH RESPECT TO MATTERS INVOLVING ANY NOTE,
PROVIDED EACH NOTE IS HELD BY AN INDIVIDUAL, PARTNERSHIP, CORPORATION,
OR OTHER PRIVATE LEGAL ENTITY.
(C) THE BORROWER SHALL IN ALL CASES PAY WHEN AND AS DUE THE PRINCIPAL
OF AND INTEREST ON ALL NOTES ISSUED HEREUNDER, NOTWITHSTANDING ANY
CLAIMS WHICH THE BORROWER MAY NOW OR HEREAFTER HAVE AGAINST ANY SUPPLIER
OF THE DEFENSE ITEMS, DOD, THE LENDER, OR ANY OTHER PERSONS OR ENTITY IN
CONNECTION WITH ANY OTHER TRANSACTION, FOR ANY REASON WHATSOEVER.
9. UPON THE OCCURRENCE OF ANY OF THE FOLLOWING EVENTS OF DEFAULT:
(A) IF THE BORROWER FAILS FOR A PERIOD OF TEN (10) DAYS TO MAKE ANY
PAYMENT OF PRINCIPAL OF, OR INTEREST ON, ANY NOTE WHEN DUE;
(B) IF ANY REPRESENTATION OR WARRANTY MADE BY THE BORROWER HEREIN OR
ANY CERTIFICATE FURNISHED BY THE BORROWER PURSUANT HERETO PROVES TO BE
AT ANY TIME INCORRECT IN ANY MATERIAL RESPECT; OR
(C) IF THE BORROWER DEFAULTS IN THE PERFORMANCE OF ANY OTHER TERM,
COVENANT OR UNDERTAKING CONTAINED IN THIS CREDIT AGREEMENT, AND SUCH
DEFAULT SHALL CONTINUE UNREMEDIED FOR 30 DAYS AFTER WRITTEN NOTIFICATION
THEREOF SHALL HAVE BEEN GIVEN TO THE BORROWER BY THE LENDER; THEN, AND
IN ANY SUCH EVENT, THE HOLDER OF ANY NOTE MAY DECLARE IMMEDIATELY DUE
AND PAYABLE THE UNPAID PRINCIPAL OF, AND ACCRUED INTEREST ON, ANY OR ALL
NOTES HELD BY SUCH HOLDER AND SUCH AMOUNTS SHALL BECOME IMMEDIATELY DUE
AND PAYABLE WITHOUT PROTEST, PRESENTMENT, NOTICE OR OTHER DEMAND OF ANY
KIND, ALL OF WHICH ARE HEREBY EXPRESSLY WAIVED BY THE BORROWER, AND THE
LENDER MAY TERMINATE ITS COMMITMENT HEREUNDER.
10. ALL COMMUNICATIONS AND OTHER DOCUMENTS REQUIRED OR PERMITTED
HEREUNDER, UNLESS SUBMITTED IN THE ENGLISH LANGUAGE, SHALL BE
ACCOMPANIED BY ONE ENGLISH TRANSLATION FOR EACH COPY OF SUCH DOCUMENTS
TO BE FURNISHED AND, IN THE EVENT OF CONFLICT, THE ENGLISH VERSION SHALL
GOVERN. EXCEPT AS OTHERWISE PROVIDED HEREIN, ALL NOTICES, REQUESTS OR
DEMANDS HEREUNDER SHALL BE DEEMED TO HAVE BEEN GIVEN OR MADE UPON THE
MAILING OF THE SAME, POSTAGE PREPAID, OR IN THE CASE OF TELEGRAPHIC
NOTICE, ON DELIVERY TO THE TELEGRAPHIC COMPANY, ADDRESSED IN THE CASE OF
THE BORROWER, THE THE DIRECTOR, MINISTRY OF DEFENSE MISSION, GOVERNMENT
OF ISRAEL, WITH A COPY TO THE TREASURY REPRESENTATIVE OF THE GOVERNMENT
OF ISRAEL BOTH AT 850 THIRD AVENUE, NEW YORK, NEW YORK 10022, AND IN THE
CASE OF THE LENDER TO THE DIRECTOR, DEFENSE SECURITY ASSISTANCE AGENCY,
THE PENTAGON, WASHINGTON, D.C. 20301.
11. THIS AGREEMENT MAY BE EXECUTED IN ANY NUMBER OF COUNTERPARTS AND
BY THE PARTIES HERETO ON SEPARATE COUNTERPARTS, EACH OF WHICH SHALL BE
DEEMED AN ORIGINAL BUT ALL SUCH COUNTERPARTS TO CONSTITUTE ONE AND THE
SAME INSTRUMENT.
12. ANNEX A THROUGH D ATTACHED HERETO ARE, BY THIS REFERENCE, MADE A
PART OF THIS AGREEMENT.
IN WITNESS WHEREOF, THE PARTIES HERETO HAVE DULY EXECUTED THIS
AGREEMENT THIS 21ST DAY OF JANUARY 1976.
THE GOVERNMENT OF ISRAEL (SIGNATURE OMITTED)
BY J. CIECHANOVER
DIRECTOR, MINISTRY OF DEFENSE
MISSION TO THE UNITED STATES (SIGNATURE OMITTED)
BY J. DOR
TREASURER, MINISTRY OF DEFENSE
MISSION TO THE UNITED STATES
GOVERNMENT OF THE
UNITED STATES OF AMERICA (SIGNATURE OMITTED)
BY H. M. FISH
LIEUTENANT GENERAL, USAF
DIRECTOR, DEFENSE SECURITY
ASSISTANCE AGENCY, OSD
THE FOLLOWING PROCEDURES AND CONDITIONS SHALL BE ADHERED TO PRIOR TO
EACH DISBURSEMENT TO BE MADE BY THE GOVERNMENT OF THE UNITED STATES FOR
THE ACCOUNT OF THE GOVERNMENT OF ISRAEL.
1. THE SUPPLIER SHALL PREPARE AND SUBMIT TO THE DESIGNATED
REPRESENTATIVES OF THE GOVERNMENT OF ISRAEL IN NEW YORK, NEW YORK,
INVOICES ON U.S. STANDARD FORM 1034 IN SUFFICIENT NUMBER OF COPIES TO
PERMIT THE FORWARDING OF FOUR COPIES TO THE DISBURSING OFFICER
DESIGNATED IN PARAGRAPH 5 BELOW.
2. THE SUPPLIER SHALL INSURE THAT EACH INVOICE IS IN ACCORDANCE WITH
RELEVANT PROVISIONS OF ITS PURCHASE ARRANGEMENT WITH THE GOVERNMENT OF
ISRAEL.
3. THE SUPPLIER SHALL ATTACH TO EACH INVOICE A STATEMENT THAT
AUTHORIZED REPRESENTATIVES OF THE GOVERNMENT OF THE UNITED STATES SHALL,
UNTIL THE EXPIRATION OF THREE YEARS AFTER FINAL PAYMENT HEREUNDER, HAVE
ACCESS TO AND THE RIGHT TO EXAMINE ANY DIRECTLY RELATED PERTINENT BOOKS,
DOCUMENTS, PAPERS AND RECORDS OF THE SUPPLIER INVOLVING TRANSACTIONS
RELATING TO THE AFORESAID PURCHASE ARRANGEMENT.
4. TO THE EXTENT THAT ANY INVOICE REQUESTS PAYMENT OF ADVANCES, AS
DISTINGUISHED FROM PAYMENT FOR DELIVERY ITEMS OR REIMBURSEMENT IN THE
FORM OF PROGRESS PAYMENTS FOR WORK OR SERVICES PERFORMED, THE SUPPLIER
SHALL ATTACH TO THE INVOICE A STATEMENT SETTING FORTH THE UNDERTAKING OF
THE SUPPLIER THAT THE FULL AMOUNT OF THE ADVANCE WILL BE MAINTAINED BY
THE SUPPLIER IN A SEGREGATED ACCOUNT WHICH WILL BE APPLIED SOLELY TO THE
PERFORMANCE OF THE SUPPLIER'S OBLIGATIONS UNDER THE PURCHASE
ARRANGEMENT.
5. THE DESIGNATED REPRESENTATIVE OF THE GOVERNMENT OF ISRAEL IN NEW
YORK, NEW YORK, SHALL FORWARD SUCH INVOICES TO THE COMPTROLLER, DEFENSE
SECURITY ASSISTANCE AGENCY, THE PENTAGON, WASHINGTON, D.C. 20301.
6. EACH INVOICE SHALL BE ACCOMPANIED BY A CERTIFICATION OF THE
GOVERNMENT OF ISRAEL AS FOLLOWS:
"THE GOVERNMENT OF ISRAEL CONFIRMS (THAT THE DEFENSE ITEMS SET FORTH
THEREIN HAVE BEEN SATISFACTORILY RECEIVED BY OR FOR THE GOVERNMENT OF
ISRAEL (THAT THE WORK OR SERVICES FOR WHICH PROGRESS PAYMENTS ARE
REQUESTED HAVE BEEN SATISFACTORILY RENDERED) (THAT PAYMENT IS OTHERWISE
DUE) UNDER ITS PURCHASE ARRANGEMENT OF . . . (DATE) FOR THE PURCHASE OF
DEFENSE ITEMS FROM SUPPLIER, AND CERTIFIES THAT THE BILL IS CORRECT AND
JUST AND THAT PAYMENT THEREFOR HAS NOT BEEN MADE.
PAYMENT OF THIS INVOICE IS REQUESTED BY THE MINISTRY OF DEFENSE OF
THE GOVERNMENT OF ISRAEL PURSUANT TO THE TERMS OF THE CREDIT AGREEMENT
OF . . . (DATE) BETWEEN THE . . . OF THE GOVERNMENT OF ISRAEL AND THE
GOVERNMENT OF THE UNITED STATES OF AMERICA. THE GOVERNMENT OF ISRAEL
CONFIRMS THAT SAID PURCHASE ARRANGEMENT IS ONE OF THE PURCHASE
ARRANGEMENTS AUTHORIZED BY THE DEPARTMENT OF DEFENSE OF THE UNITED
STATES OF AMERICA PURSUANT TO THE AFORESAID CREDIT AGREEMENT OF . . .
(DATE) AND FURTHER CONFIRMS THAT THE CUMULATIVE TOTAL OF THIS INVOICE
AND INVOICES PREVIOUSLY PAID BY THE GOVERNMENT OF THE UNITED STATES
AGAINST SAID PURCHASE ARRANGEMENT DOES NOT EXCEED THE AGGREGATE CREDIT
CEILING ESTABLISHED BY THE GOVERNMENT OF THE UNITED STATES FOR THE SAID
PURCHASE ARRANGEMENT.
U.S. $ . . . , WASHINGTON, D.C.
FOR VALUE RECEIVED, THE UNDERSIGNED, THE GOVERNMENT OF . . . (HEREIN
CALLED " . . . "), HEREBY PROMISES TO PAY TO THE ORDER OF THE GOVERNMENT
OF THE UNITED STATES OF AMERICA (HEREIN CALLED "UNITED STATES") THE
PRINCIPAL SUM OF . . . UNITED STATES DOLLARS (U.S. $ . . . ) AS FOLLOWS:
TOGETHER WITH INTEREST ON ANY AND ALL AMOUNTS REMAINING UNPAID HEREUNDER
FROM TIME TO TIME FROM THE DATE HEREOF UNTIL THIS NOTE SHALL BE PAID IN
FULL, PAYABLE SEMIANNUALLY ON . . . AND . . . OF EACH YEAR FROM DATE
HEREOF AT THE RATE OF . . . PER CENT PER ANNUM ( %) USING A 365 DAY
FACTOR, BOTH PRINCIPAL AND INTEREST TO BE PAYABLE IN LAWFUL MONEY OF THE
UNITED STATES OF AMERICA TO THE COMPTROLLER, DEFENSE SECURITY ASSISTANCE
AGENCY, ATTN: FINANCIAL POLICY AND CONTROL, THE PENTAGON, WASHINGTON,
D. C. 20301. ALL PAYMENTS MADE ON ACCOUNT OF THE PRINCIPAL AMOUNT
REMAINING UNPAID HEREUNDER SHALL BE ENDORSED BY THE HOLDER ON THE
REVERSE SIDE OF THIS NOTE.
WHENEVER ANY PAYMENT TO BE MADE SHALL BE DUE ON SATURDAY, SUNDAY, OR
A PUBLIC HOLIDAY UNDER THE LAWS OF THE GOVERNMENT OF THE UNITED STATES,
SUCH PAYMENT MAY BE MADE ON THE NEXT SUCCEEDING BUSINESS DAY, AND SUCH
EXTENSION OF TIME SHALL IN SUCH CASE BE INCLUDING IN COMPUTING INTEREST
IN CONNECTION WITH SUCH PAYMENTS BUT EXCLUDED FROM THE NEXT INTEREST
PERIOD.
THIS NOTE MAY BE PREPAID ON ANY INTEREST PAYMENT DATE. PREPAYMENTS
SHALL BE APPLIED TO THE INSTALLMENTS HEREOF IN THE REVERSE ORDER OF
THEIR MATURITY. ALL PAYMENTS OF PRINCIPAL AND INTEREST ON THIS NOTE ARE
PAYABLE IN LAWFUL MONEY OF THE UNITED STATES OF AMERICA AND IN
IMMEDIATELY AVAILABLE FUNDS, FREE AND CLEAR OF, AND WITHOUT DEDUCTION
FOR, ANY TAXES, LEVIES, IMPOSTS, DEDUCTIONS, AND WITHHOLDINGS WHATSOEVER
NOW OR HEREAFTER IMPOSED, LEVIED, COLLECTED OR ASSESSED WITH RESPECT
THERETO ANY ANY CENTRAL OR LOCAL AUTHORITY OF . . . AND SHALL BE PAID
FREE FROM ALL RESTRICTIONS OF ANY CENTRAL OR LOCAL AUTHORITY OF . . ..
THE GOVERNMENT OF . . . AGREES TO PAY ALL OUT-OF-POCKET COSTS AND
EXPENSES IN CONNECTION WITH COLLECTION AFTER DEFAULT OF THIS NOTE
(INCLUDING THE REASONABLE FEES AND OUT-OF-POCKET EXPENSES OF COUNSEL) AS
WELL AS ALL STAMP AND SIMILAR TAXES, IF ANY, NOW OR HEREAFTER IN EFFECT,
AND TO SAVE THE HOLDER OF THE NOTE HARMLESS FROM ANY AND ALL LIABILITIES
WITH RESPECT TO OR RESULTING FROM ANY DELAY OR OMISSION TO PAY SUCH
TAXES.
1. THE FOLLOWING PROCEDURES AND CONDITIONS SHALL BE ADHERED TO
CONCERNING MARINE TRANSPORTATION OF DEFENSE ARTICLES, THE PURCHASE OF
WHICH IS TO BE FINANCED UNDER THIS AGREEMENT. ALL DEFENSE ARTICLES,
WHICH ARE TRANSPORTED BY OCEAN VESSEL, SHALL BE TRANSPORTED IN PRIVATELY
OWNED VESSELS OF UNITED STATES REGISTRY UNLESS A WAIVER OF THIS
REQUIREMENT IS OBTAINED FROM THE DIRECTOR, DEFENSE SECURITY ASSISTANCE
AGENCY, DEPARTMENT OF DEFENSE. REQUESTS FOR WAIVER ARE CATEGORIZED AS
GENERAL, NON-AVAILABILITY OR SECURITY AS OUTLINED BELOW:
A. GENERAL WAIVERS
CONSIDERATION WILL BE GIVEN TO A WAIVER APPLICATION TO AUTHORIZE
VESSELS FLYING THE FLAG OF THE COUNTRY TO WHOM THIS AGREEMENT APPLIES TO
PARTICIPATE IN THE TRANSPORTATION OF CARGO GENERATED UNDER THIS
AGREEMENT PROVIDED THE RECIPIENT COUNTRY DOES NOT DISCRIMINATE AGAINST
UNITED STATES FLAG VESSELS IN THE CARRIAGE OF THE EXPORTS OR IMPORTS OF
THE RECIPIENT NATION. APPROVAL MAY BE GRANTED FOR RECIPIENT NATION'S
VESSELS TO CARRY UP TO, BUT NOT IN EXCESS OF 50 PERCENT OF THE CARGO
UNDER THIS AGREEMENT. OCEAN FREIGHT REVENUE IS THE MAIN CRITERION FOR
DETERMINING FLAG PARTICIPATION BUT CARGO VALUATION SHALL ALSO BE TAKEN
INTO CONSIDERATION. ACCORDINGLY, THROUGHOUT THE LIFE OF THIS AGREEMENT,
U.S. FLAG VESSELS SHALL NOT RECEIVE LESS THAN 50% OF THE CARGO VALUATION
AND OCEAN FREIGHT REVENUE IN SO FAR AS PRACTICABLE.
APPLICATIONS FOR GENERAL WAIVER SHOULD BE SUBMITTED AS SOON AS
PRACTICABLE AFTER DETERMINATION HAS BEEN MADE TO USE RECIPIENT COUNTRY
FLAG VESSELS BUT AT LEAST TWENTY-ONE (21) DAYS IN ADVANCE OF INTENDED
SHIPPING DATES TO ENABLE VERIFICATION OF THE TREATMENT ACCORDED VESSELS
OF U.S. REGISTRY AND TO PROCESS THE APPLICATION.
SUBSEQUENT TO THE GRANTING OF A GENERAL WAIVER, IF IT OCCURS THAT
NEITHER UNITED STATES FLAG VESSELS NOR RECIPIENT COUNTRY FLAG VESSELS
ARE AVAILABLE, CONSIDERATION WILL BE GIVEN TO SPECIFIC WAIVER
APPLICATIONS TO AUTHORIZE, ON A SHIPMENT-BY-SHIPMENT BASIS, THE USE OF
THIRD FLAG VESSELS. APPLICATIONS FOR THE USE OF A THIRD FLAG VESSEL
UNDER AN APPROVED GENERAL WAIVER SHOULD BE SUBMITTED AT LEAST 21 DAYS
PRIOR TO THE INTENDED SHIPPING DATE TO ALLOW TIME TO PROCESS THE
APPLICATION. IF A WAIVER IS GRANTED TO ALLOW THE USE OF A THIRD FLAG
VESSEL FOR A PARTICULAR SHIPMENT UNDER AN EXISTING GENERAL WAIVER, THE
CARGO CARRIED BY THE THIRD FLAG VESSEL SHALL BE RECORDED AGAINST THE
RECIPIENT COUNTRY FLAG VESSELS' PORTION OF THE CARGO AVAILABLE UNDER THE
GENERAL WAIVER.
THE APPLICATION FOR A GENERAL WAIVER AND SUBSEQUENT WAIVERS FOR THE
USE OF THIRD FLAG VESSELS SHOULD BE SUBMITTED TO THE DIRECTOR, DEFENSE
SECURITY ASSISTANCE AGENCY, THE PENTAGON, WASHINGTON, D.C. 20301, WITH
A COPY TO THE DIRECTOR, OFFICE OF MARKET DEVELOPMENT MARITIME
ADMINISTRATION, U.S. DEPARTMENT OF COMMERCE, WASHINGTON, D.C. 20230.
B. NON-AVAILABILITY WAIVERS
CONSIDERATION WILL BE GIVEN TO WAIVER APPLICATION TO AUTHORIZE USE OF
FOREIGN FLAG VESSELS IN THOSE CASES OF NON-AVAILABILITY OF UNITED STATES
FLAG VESSELS OR IN INSTANCES OF NON-AVAILABILITY OF UNITED STATES FLAG
VESSELS AT REASONABLE RATES.
APPLICATION FOR NON-AVAILABILITY WAIVERS TO PERMIT USE OF RECIPIENT
COUNTRY FLAG VESSELS NEED NOT BE SUBMITTED IF A GENERAL WAIVER HAS BEEN
APPROVED AND THE RECIPIENT NATION WILL USE U.S. FLAG VESSELS TO CARRY
OVER 50 PERCENT OF THE CARGO UNDER THIS AGREEMENT. APPLICATIONS ARE
REQUIRED WHERE A GENERAL WAIVER (1) HAS NOT BEEN APPLIED FOR, (2) HAS
NOT BEEN APPROVED, OR (3) HAS BEEN APPROVED BUT, ON A
SHIPMENT-BY-SHIPMENT BASIS, U.S. FLAG VESSELS ARE NOT AVAILABLE OR NOT
AVAILABLE AT REASONABLE RATES AND SHIPMENTS ON NON-U.S. FLAG VESSELS
WILL EXCEED 50 PERCENT OF THE CARGO UNDER THIS AGREEMENT. IF A GENERAL
WAIVER HAS BEEN APPROVED, EVERY EFFORT SHOULD BE MADE TO SHIP DEFENSE
ARTICLES AND EQUIPMENT, WHERE U.S. FLAG VESSELS ARE NOT AVAILABLE OR NOT
AVAILABLE AT REASONABLE RATES, UNDER THE RECIPIENT COUNTRY'S PORTION OF
THE CARGO AVAILABLE UNDER THE GENERAL WAIVER. THEREFORE, APPLICATIONS
FOR NON-AVAILABILITY WAIVERS, WHERE A GENERAL WAIVER HAS BEEN APPROVED,
SHOULD BE SUBMITTED ONLY UNDER UNUSUAL CIRCUMSTANCES.
APPLICATIONS ON THE BASIS OF NON-AVAILABILITY OF VESSELS OF UNITED
STATES REGISTRY MUST ESTABLISH AND DOCUMENT THAT THE RECIPIENT NATION
HAS MADE A REASONABLE, TIMELY AND BONA FIDE EFFORT TO ARRANGE SHIPMENT
ON VESSELS OF UNITED STATES REGISTRY AND THAT SUCH VESSELS ARE NOT
AVAILABLE. SUCH APPLICATIONS MUST BE SUBMITTED AT LEAST 21 DAYS IN
ADVANCE OF THE INTENDED SHIPPING DATE TO ENABLE VERIFICATION OF
NON-AVAILABILITY OF VESSELS OF UNITED STATES REGISTRY AND TO PROCESS THE
APPLICATION.
APPLICATIONS ON THE BASIS OF NON-AVAILABILITY OF VESSELS OF UNITED
STATES REGISTRY AT REASONABLE RATES MUST ESTABLISH AND DOCUMENT ALL
APPLICABLE COMPARATIVE RATES AND SHOULD BE SUBMITTED AT LEAST 21 DAYS IN
ADVANCE OF THE INTENDED SHIPPING DATE TO ENABLE VERIFICATION OF
NON-AVAILABILITY OF VESSELS OF UNITED STATES REGISTRY AT REASONABLE
RATES AND TO PROCESS THE APPLICATION.
APPLICATIONS FOR NON-AVAILABILITY WAIVERS MUST BE SUBMITTED ON A
SHIPMENT-BY-SHIPMENT BASIS. APPLICATIONS SHOULD BE SUBMITTED TO THE
DIRECTOR, DEFENSE SECURITY ASSISTANCE AGENCY, THE PENTAGON, WASHINGTON,
D.C. 20301, WITH A COPY TO THE DIRECTOR, OFFICE OF MARKET DEVELOPMENT,
MARITIME ADMINISTRATION, U.S. DEPARTMENT OF COMMERCE, WASHINGTON, D.C.
20230.
EACH APPLICATION FOR A NON-AVAILABILITY WAIVER SHOULD CONTAIN THE
FOLLOWING INFORMATION:
1. IDENTIFICATION AND ADDRESS OF THE APPLICANT
2. RECIPIENT COUNTRY
3. DATE AND SOURCE OF LOAN (FFB, ETC.)
4. MANUFACTURER AND/OR EXPORTER
5. LIST AND DESCRIPTION OF COMMODITIES TO BE SHIPPED
6. FAS VALUE OF COMMODITIES
7. SHIPPING DATE
8. LOADING PORT
9. DISCHARGE PORT
10. ESTIMATED OCEAN FREIGHT COST
11. PROPOSED VESSEL(S) TO BE USED
12. WEIGHT OF SHIPMENT
13. CUBE MEASUREMENT OF SHIPMENT
14. ORIGINAL POINT OF PRODUCTION
C. SECURITY WAIVERS
CONSIDERATION WILL BE GIVEN TO WAIVER APPLICATION TO AUTHORIZE
VESSELS FLYING THE FLAG OF THE COUNTRY TO WHOM THE AGREEMENT APPLIES ON
THE BASIS OF REASONABLE SECURITY NEEDS IN REGARDS TO THE CARGO AND THE
ARRIVAL OF SUCH CARGO AT ITS DESTINATION. A SECURITY WAIVER MAY BE
REQUESTED FOR A SPECIFIC SHIPMENT OR SERIES OF SHIPMENTS UNDER THIS
AGREEMENT WHERE SABOTAGE MAY REASONABLY BE EXPECTED OR A STATE OF
EMERGENCY EXISTS.
APPLICATION FOR SECURITY WAIVERS NEED NOT BE SUBMITTED IF A GENERAL
WAIVER HAS BEEN APPROVED AND THE RECIPIENT NATION WILL USE U.S. FLAG
VESSELS TO CARRY OVER 50 PERCENT OF THE CARGO UNDER THIS AGREEMENT.
APPLICATIONS ARE REQUIRED WHERE A GENERAL WAIVER (1) HAS NOT BEEN
APPLIED FOR, (2) HAS NOT BEEN APPROVED, OR (3) HAS BEEN APPROVED BUT, ON
A SHIPMENT-BY-SHIPMENT BASIS, USE OF RECIPIENT COUNTRY FLAG VESSELS WILL
EXCEED 50 PERCENT OF THE CARGO UNDER THIS AGREEMENT. IF A GENERAL
WAIVER HAS BEEN APPROVED, EVERY EFFORT SHOULD BE MADE TO SHIP THOSE
DEFENSE ARTICLES AND EQUIPMENT INVOLVING SPECIAL SECURITY OR SAFETY
REQUIREMENTS UNDER THE RECIPIENT COUNTRY'S PORTION OF THE CARGO
AVAILABLE UNDER THE GENERAL WAIVER. THEREFORE, WAIVER APPLICATIONS FOR
SECURITY OR SAFETY REASONS WHERE A GENERAL WAIVER HAS BEEN APPROVED
SHOULD BE SUBMITTED ONLY UNDER UNUSUAL CIRCUMSTANCES.
APPLICATION ON THE BASIS OF SECURITY MUST PROVIDE THE SPECIFIC
SECURITY OR SAFETY REQUIREMENTS AND INFORMATION INVOLVED IN THE
SHIPMENT(S) TO BE MADE AT LEAST 21 DAYS IN ADVANCE OF THE INTENDED
SHIPMENT(S) DATES TO ENABLE VERIFICATION OF THE SECURITY OR SAFETY
REQUIREMENTS AND TO PROCESS THE APPLICATION.
THE APPLICATION SHOULD BE PROVIDED TO THE DIRECTOR, DEFENSE SECURITY
ASSISTANCE AGENCY, THE PENTAGON, WASHINGTON, D.C. 20301, WITH A COPY TO
THE DIRECTOR, OFFICE OF MARKET DEVELOPMENT, MARITIME ADMINISTRATION,
U.S. DEPARTMENT OF COMMERCE, WASHINGTON, D.C. 20230.
2. IN ORDER TO MONITOR THE USE OF MARINE TRANSPORTATION UNDER THIS
AGREEMENT, PERTINENT INFORMATION SHOULD BE FORWARDED AS EARLY AS
POSSIBLE BUT NOT LATER THAN 90 DAYS AFTER SHIPMENT TO THE DIRECTOR,
OFFICE OF MARKET DEVELOPMENT, MARITIME ADMINISTRATION, U.S. DEPARTMENT
OF COMMERCE, WASHINGTON, D.C. 20230, FOR ALL SHIPMENTS OF GOODS FINANCE
IN WHOLE OR IN PART WITH CREDIT AND/OR GUARANTEED LOAN FUNDS. THE
FOLLOWING INFORMATION MUST BE REPORTED:
(A) DATE AND SOURCE OF LOAN (FFB, ETC.)
(B) FAS VALUE OF CARGO
(C) MANUFACTURER
(D) FREIGHT FORWARDER
(E) OCEAN FREIGHT COST
(F) NAME OF VESSEL
(G) VESSEL FLAG OF REGISTRY
(H) DATE OF LOADING
(I) PORT OF LOADING
(J) PORT OF FINAL DISCHARGE
(K) CARGO DESCRIPTION
(L) GROSS WEIGHT OF CARGO
(M) CUBIC MEASUREMENT OF CARGO
WHERE OBTAINABLE, A PROPERLY RATED AND LEGIBLE COPY OF THE OCEAN BILL
OF LADING IN ENGLISH WILL SUFFICE SO LONG AS ALL THE ABOVE INFORMATION
IS CONTAINED THEREON.
THE FIRST $7,692,308 OF DISBURSEMENTS ARE REPAYABLE ON 31 DECEMBER
1977
THE NEXT $7,692,308 OF DISBURSEMENTS ARE REPAYABLE ON 30 JUNE 1978
THE NEXT $7,692,308 OF DISBURSEMENTS ARE REPAYABLE ON 31 DECEMBER
1978
THE NEXT $7,692,308 OF DISBURSEMENTS ARE REPAYABLE ON 30 JUNE 1979
THE NEXT $7,692,308 OF DISBURSEMENTS ARE REPAYABLE ON 31 DECEMBER
1979
THE NEXT $7,692,308 OF DISBURSEMENTS ARE REPAYABLE ON 30 JUNE 1980
THE NEXT $7,692,308 OF DISBURSEMENTS ARE REPAYABLE ON 31 DECEMBER
1980
THE NEXT $7,692,308 OF DISBURSEMENTS ARE REPAYABLE ON 30 JUNE 1981
THE NEXT $7,692,308 OF DISBURSEMENTS ARE REPAYABLE ON 31 DECEMBER
1981
THE NEXT $7,692,308 OF DISBURSEMENTS ARE REPAYABLE ON 30 JUNE 1982
THE NEXT $7,692,308 OF DISBURSEMENTS ARE REPAYABLE ON 31 DECEMBER
1982
THE NEXT $7,692,308 OF DISBURSEMENTS ARE REPAYABLE ON 30 JUNE 1983
THE LAST $7,692,304 OF DISBURSEMENTS ARE REPAYABLE ON 31 DECEMBER
1983
$100,000,000
GERMANY, FEDERAL REPUBLIC OF 5 APR 1976 FLITE DOCUMENT NO. 7950083
AGREEMENT EXECUTED 19 MARCH AND 5 APRIL 1976.
AGREEMENT TO ESTABLISH THE CONDITIONS FOR JOINT USE BY UNITED STATES
ARMY, EUROPE OF CERTAIN FACILITIES AT THE FORMER US FORCES ACCOMMODATION
OF EASTMAN BARRACKS, DACHAU.
THE UNITED STATES ARMY, EUROPE, REPRESENTED BY THE DEPUTY CHIEF OF
STAFF FOR LOGISTICS (DCSLOG), HQ USAREUR AND SEVENTH ARMY, THE LATTER
REPRESENTED BY THE COMMANDER, US FORCES SUPPORT DISTRICT BAYERN IN
ADMINISTERING THIS AGREEMENT,
HEREAFTER CALLED "USAREUR"
THE FREISTAAT BAYERN, REPRESENTED BY THE BAVARIAN STATE MINISTRY OF
FINANCES, 8000 MUENCHEN 22, ODEONSPLATZ 4,
HEREAFTER CALLED "LAND."
I. PURPOSE OF THE AGREEMENT
THE PURPOSE OF THIS AGREEMENT IS TO ESTABLISH THE CONDITIONS FOR
JOINT USE BY USAREUR OF CERTAIN FACILITIES AT THE FORMER US FORCES
ACCOMMODATION OF EASTMAN BARRACKS, DACHAU; AND, FURTHER, TO ESTABLISH
CONDITIONS FOR PROVISION OF UTILITIES SUPPORT BY THE LAND AND
REIMBURSEMENT THEREFOR BY USAREUR. THE FACILITIES TO BE RETAINED WILL
BE THE EES TURN AROUND POINT (BLDG. 2747), THE FISHING POND, AND THE
GOLF COURSE. THE EXACT REAL ESTATE TO BE USED BY USAREUR IS SHOWN ON
THE ATTACHED SITE MAP WHICH WILL BECOME PART OF THIS AGREEMENT AS "ANNEX
A."
II. CONDITIONS.
1. THE FACILITIES TO BE USED, AS SPECIFIED IN PARAGRAPH I ABOVE,
WILL BE AVAILABLE FOR AN UNLIMITED PERIOD OF TIME AT NO COST FOR RENTAL
TO USAREUR.
2. PRIOR TO USAGE, AN INVENTORY AND CONDITION REPORT WILL BE JOINTLY
PREPARED BY REPRESENTATIVES OF THE LAND (DEFENSE COST OFFICE, MUNICH)
AND USAREUR (US ARMY ENGINEER COMMAND, EUROPE, MUNICH FIELD OFFICE).
THIS REPORT, WHICH WILL BECOME PART OF THE AGREEMENT AS "ANNEX B," WILL
SERVE AS BASIS FOR COMPARISON WHENEVER THE JOINT USAGE OF THE FACILITIES
IS TERMINATED.
3. THE LAND WILL PROVIDE UTILITIES SUPPORT (ELECTRICITY, WATER, AND
REFUSE COLLECTION) FOR THE FACILITIES USED. USAREUR WILL PROVIDE
SUPPORT FOR HEATING AND SEWAGE DISPOSAL SERVICES.
4. USAREUR WILL INSTALL ELECTRICITY AND WATER METERS IN BUILDINGS
2747, T 2802, AND 2773.
5. REIMBURSEMENT OF COST FOR UTILITIES SERVICES STATED ABOVE WILL BE
EFFECTED UPON PRESENTATION OF THE BILLS TO USAREUR ON A QUARTERLY BASIS.
PAYMENTS WILL BE MADE TO THE DIREKTION DER BAYERISCHEN
BEREITSCHAFTSPOLIZEI.
III. REPAIR AND MAINTENANCE
USAREUR WILL BE RESPONSIBLE FOR MAINTENANCE AND REPAIR OF FACILITIES
USED. THE LAND WILL BE RESPONSIBLE FOR MAINTENANCE AND REPAIR OF
ELECTRIC AND WATER LINES UP TO THE MAIN VALVE OF EACH BUILDING.
IV. ACCESS AND DIRECTION OF TRAFFIC
1. VISITORS OF THE FISHING POND AND THE GOLF COURSE WILL USE THEIR
OWN ENTRANCE AS ACCESS TO THE AFOREMENTIONED ACCOMMODATIONS. THIS
MEASURE WILL GUARANTEE THAT THE ROAD THROUGH THE FORMER CAMP DOES NOT
HAVE TO BE USED.
2. REGARDING THE EES TURN AROUND POINT, ACCESS WILL ONLY BE GRANTED
TO EES EMPLOYEES PRESENTING A SPECIAL PASS, A US GOVERNMENT MOTOR
VEHICLE OPERATOR'S IDENTIFICATION CARD (SF 46) WITH APPROPRIATE EES
VEHICLE DISPATCH DOCUMENTS, OR TO DRIVERS OF CONTRACTED VEHICLES
POSSESSION APPROPRIATE GOVERNMENT SHIPPING DOCUMENTS.
V. DURATION - CHANGES - LANGUAGE
1. THIS AGREEMENT BECOMES EFFECTIVE UPON SIGNATURE BY BOTH PARTIES
AND REMAINS VALID AS LONG AS USAREUR NEEDS THE USAGE OF THE FACILITIES
LISTED IN PARAGRAPH I.
2. CHANGES AND/OR SUPPLEMENTS CAN BE MADE UNDER MUTUAL CONSENT OF
THE AGREEMENT PARTIES. IN ORDER TO BECOME EFFECTIVE, THEY HAVE TO BE IN
WRITING AND MUST BE SIGNED BY THE PARTIES TO THIS AGREEMENT.
3. THIS AGREEMENT IS MADE IN GERMAN AND ENGLISH. IN CASE OF
DEVIATIONS BETWEEN THE TWO TEXTS, THE ENGLISH VERSION WILL GOVERN.
FUR DEN FREISTAAT BAYERN MUNCHEN, DEN 19. MARZ 1976
I.A. (SIGNATURE OMITTED)
(DR. GROPL)
MINISTERIALDIRIGENT
FOR THE UNITED STATES ARMY, EUROPE HEIDELBERG, 5 APRIL 1976
(SIGNATURE OMITTED)
GENE F. WILSON
COL, GS
C, PLANS & OPS DIV
ODCSLOG, USAREUR
GERMANY, FEDERAL REPUBLIC OF 14 MAY 1976 FLITE DOCUMENT NO. 7950082
AGREEMENT EXECUTED 7 AND 14 MAY 1976.
AGREEMENT REGARDING CONTINUATION OF CONSERVATION OF THE GRAFENWOEHR
MAJOR TRAINING AREA.
CONTINUES THE SOIL EROSION CONTROL PLAN WHICH STARTED IN 1965 AND
ENDED ON 30 SEPTEMBER 1973.
CONTINUATION OF CONSERVATION OF THE GRAFENWOEHR MAJOR TRAINING
THE COMMANDER IN CHIEF, UNITED STATES ARMY, EUROPE AND SEVENTH
ARMY ON BEHALF OF THE US FORCES IN GERMANY ON ONE HAND
THE FEDERAL MINISTER OF FINANCE OF THE FEDERAL REPUBLIC OF
GERMANY ON THE OTHER HAND
ENTER INTO THE FOLLOWING AGREEMENT IN ORDER TO CONTINUE THE EFFORTS
TOWARDS ELIMINATION AND CONTROL OF EROSION AT GRAFENWOEHR MAJOR TRAINING
AREA.
PURPOSE OF THIS AGREEMENT IS TO CONTINUE THE SOIL EROSION CONTROL
PLAN WHICH STARTED IN 1965 AND ENDED ON 30 SEPTEMBER 1973, TO FACILITATE
AND INITIATE NEW MEASURES IN ORDER TO ELIMINATE AND AVOID EROSION AT
GRAFENWOEHR MAJOR TRAINING AREA. THESE MEASURES ARE INTENDED TO SUPPORT
THE MILITARY FUNCTIONS OF THE MAJOR TRAINING AREA, TO PRESERVE IT FOR
THESE FUNCTIONS, AND TO RENDER IT POSSIBLY MORE SUITABLE FOR THIS
PURPOSE. THEY ARE ALSO INTENDED TO COUNTERACT HARMFUL EFFECTS OF
EROSION ON THE SURROUNDING LANDSCAPE: MILITARY MISSIONS TAKE PRECEDENCE
OVER THE SOIL EROSION CONTROL PLAN.
THE AGREEMENT PARTIES AGREE TO CONTRIBUTE JOINTLY TO THE PRESERVATION
OF THE MAJOR TRAINING AREA, AND WILL PREPARE YEARLY A SOIL EROSION
CONTROL PLAN USING THE INCLOSED SIX YEAR SOIL EROSION CONTROL PLAN AS A
GENERAL GUIDE. THIS YEARLY PLAN WILL BE COMPOSED OF QUANTITY, COSTS PER
UNIT, AREAS TO BE WORKED ON, AND TYPE OF WORK TO BE ACCOMPLISHED BY EACH
SIDE. THE PRESERVATION MEASURES WHICH STARTED IN 1965 AND WERE
CONTINUED UNTIL 30 SEPTEMBER 1973, ARE TO BE CONTINUED UNTIL 30
SEPTEMBER 1979 BASED ON THE SIX YEAR SOIL EROSION CONTROL PLAN DEVELOPED
BY THE FORESTRY OFFICE FOR GRAFENWOEHR. EACH PARTY TO THIS AGREEMENT
MAY DENOUNCE THE AGREEMENT BY GIVING ONE YEAR'S PREVIOUS NOTICE;
OTHERWISE, THE AGREEMENT WILL AUTOMATICALLY CONTINUE IN EFFECT
INDEFINITELY OR UNTIL IT IS DENOUNCED BY ONE OF THE PARTIES SUBJECT TO
ONE YEAR'S NOTICE.
THE MEASURES EARMARKED IN THE SOIL EROSION CONTROL PLAN WILL BE
DISTRIBUTED EVENLY DURING SIX FORESTRY YEARS (1 OCTOBER - 30 SEPTEMBER).
THE PARTIES TO THE AGREEMENT WILL PREPARE JOINTLY A NEW SIX YEAR SOIL
EROSION CONTROL PLAN AT THE LATEST IN FORESTRY YEAR 1978/79 (MEASURES
AND SHARING OF COSTS) IF THE AGREEMENT IS STILL IN EFFECT.
A. THE COSTS OF MEASURES PROVIDED FOR IN THE SOIL EROSION CONTROL
PLAN WILL BE EQUALLY SHARED BY BOTH PARTIES TO THE AGREEMENT. THEY WILL
BE RENDERED IN FORM OF MONEY/MATERIAL/AND OR EQUIPMENT CONTRIBUTION BY
BOTH PARTIES AND SHALL CORRESPOND TO ONE SIXTH ANNUALLY OF THE TOTAL SIX
YEAR PROGRAM.
B. THIS AGREEMENT DOES NOT OBLIGATE US FORCES' FUNDS, AND IS NOT A
PAYMENT DOCUMENT. THE US FORCES' EFFORTS DESCRIBED IN THIS AGREEMENT
WILL BE RENDERED THROUGH A US FORCES' CONTRACTING OFFICER.
THE FEDERAL FORESTRY OFFICE, GRAFENWOEHR, IN COORDINATION WITH
SEVENTH ARMY TRAINING CENTER ENGINEER WILL PREPARE A SOIL EROSION
CONTROL PLAN BY 31 JULY OF EACH YEAR FOR WORK WHICH WILL BE SCHEDULED
FOR COMPLETION DURING THE FOLLOWING MTA CONSTRUCTION YEAR (NORMALLY 1
MAY THROUGH 30 SEPTEMBER). WORK FROM THE PREVIOUS YEAR'S PLAN WHICH WAS
NOT COMPLETED BECAUSE OF WEATHER CONDITIONS, OR FIRING OPERATION OF THE
TRAINING FORCES WILL BE RECONSIDERED AT THIS TIME.
THE FEDERAL FORESTRY OFFICE, GRAFENWOEHR, AND 7ATC ENGINEER WILL
PREPARE BY 1 NOVEMBER OF EACH YEAR A LIST OF PROJECTS COMPLETED AS OF 30
SEPTEMBER BY EACH PARTY TO THE AGREEMENT DURING THE PREVIOUS YEAR.
A. IF CIRCUMSTANCES (ACTS OF GOD) OCCUR WHICH TEMPORARILY PREVENT,
DELAY, OR OTHERWISE ESSENTIALLY INFLUENCE THE ACCOMPLISHMENT OF THE SOIL
EROSION CONTROL PLAN, THE AGREEMENT PARTIES WILL DISCUSS THE REQUIRED
MEASURES.
B. IF THE ABOVE MENTIONED DELAY OCCURS ON ACCOUNT OF ONE AGREEMENT
PARTY'S FAULT, THE PARTY IN DEFAULT WILL BE RESPONSIBLE FOR COMPLETION
OF THE PLANNED SOIL CONTROL MEASURES AS SOON AS POSSIBLE, BUT NOT LATER
THAN THE FOLLOWING MTA CONSTRUCTION YEAR.
THIS AGREEMENT BECOMES EFFECTIVE UPON SIGNATURE BY BOTH PARTIES
THERETO.
BONN, 7 MAY 1976
FOR THE FEDERAL MINISTER OF FINANCE (SIGNATURE OMITTED)
HEIDELBERG, 14 MAY 1976
FOR THE COMMANDER IN CHIEF,
UNITED STATES ARMY, EUROPE
AND SEVENTH ARMY (SIGNATURE OMITTED)
GENE F. WILSON
COL, GS
C. P&O DIV
PROJECTS:
A. AREA M:
CONTINUATION OF THE PLANTING OF GRASS IN SECTIONS UP TO 20 PERCENT OF
THE AREA TO PREVENT FURTHER EROSIONS.
1. NORTH OF THE ROETHENBACH - TOTAL DIMENSIONS OF THE AREA SUBJECT
TO EROSION APPROXIMATELY 500 HECTARES OF WHICH STILL COVERED BY TREES OR
PLANTED BY GRASS DURING THE LAST RESTORATION PERIOD: 85 HECTARES;
PLANNED: 15 HECTARES; IN SECTIONS OF 0.5 HECTARES EACH
HECTARES
15
PROJECTS:
2. SOUTH OF ROETHENBACH - TOTAL DIMENSIONS OF THE AREA SUBJECT TO
EROSION APPROXIMATELY 250 HECTARES OF WHICH STILL COVERED BY TREES
AND/OR PLANTED ALONG THE EDGES - APPROX 37 HECTARES; PLANNED: 13
HECTARES; IN SECTIONS OF 0.5 HECTARES EACH
HECTARES
13
PROJECTS:
B. AREA E
PRECAUTIONARY MEASURES AGAINST EROSION NORTH OF FIRING POINT 131.
REFORESTATION OF TWO SECTIONS OF 0.5 HECTARES EACH - IN POSITION AREA
27: REFORESTATION OF SIX SECTIONS OF 0.5 HECTARES EACH; TOTAL OF FOUR
HECTARES
HECTARES
4
PROJECTS:
C. AREA A:
AS ABOVE.
CONTINUATION OF REFORESTATIONS BY 50 SECTIONS OF 0.5 HECTARES EACH
HECTARES
25
PROJECTS:
D. REFORESTATIONS OF TANK TRAIL EDGES:
IN ORDER TO OBTAIN A ROAD BORDER AS WELL AS A VISION AND DUST
PROTECTION. REFORESTATION OF EDGES OF THE TANK TRAILS IN A STRIP OF
30X60 METERS; AFTER 60 METERS INTERRUPTED BY AN APPROXIMATELY 40 METER
WIDE STRIP OVER A TOTAL OF 22 KILOMETERS OF TANK TRAIL, WHICH COMES TO
APPROXIMATELY 20 HECTARES
HECTARES
39.6
PROJECTS:
E. AREA WEST OF SCHLATTERWEIHER
REFORESTATION OF FOREST AREAS SUBJECT TO FOREST FIRES IN ORDER TO
STOP THE BEGIN OF EROSION. REFORESTATION WITH ALDER
HECTARES
20
HECTARES
116.6
PROJECTS:
F. FERTILIZING, IMPROVEMENT AND NURSING
- PROTECTION OF SEEDLING AREAS
PROJECTS:
A. AREA M:
BLOCKING OF THE LARGEST DITCHES, CAUSED BY EROSION, OVER A LENGTH OF
2,500 METERS, IN ORDER TO PREVENT FURTHER EROSION AND TO FAVOR A NATURAL
FILLING OF THE DITCHES.
RUNNING METER
2,500
PROJECTS:
B. AREA E:
BLOCKING OF 450 METERS OF DITCHES, CAUSED BY EROSION, AS DESCRIBED
ABOVE.
RUNNING METER
450
RUNNING METER
2,950
PLANNING
1. AREA M:
PREPARATION OF SMALL STEPS FROM COARSE ROCK IN ORDER TO DECREASE THE
SPEED OF DRAINING OFF WATER.
RUNNING METER
2,500
PLANNING
AT EVERY 30 TO 50 METERS INSTALLATION OF STEPS MADE FROM ROUND LOGS
WHICH WILL BE DEEPLY SECURED IN THE SHORE. BEFORE THE STEP, STAKES WILL
BE DRIVEN INTO THE DITCH BED OVER ITS ENTIRE WIDTH. ROCKS WILL BE
INSERTED BEHIND THE STAKES TO PREVENT THE FORMING OF DEEP HOLES.
REINFORCING OF SHORE AND DITCH BED WITH FASCINES OF WILLOW SEEDLINGS,
SOWING OF LUPINE AND MIXED CLOVER SEEDS.
COSTS FOR: INSTALLATION OF APPROX 60 STEPS, MADE OF ROUND LOGS,
INCLUSIVE PROCUREMENT OF MATERIAL (60 CBM), PLUS SOCIAL CONTRIBUTIONS
WITHOUT CHARGING FOR TIMBER. HAULING WITH FORESTRY OWNED VEHICLE.
PROCUREMENT AND INSERTING OF WILLOW SEEDLINGS TO REINFORCE DITCHES
CAUSED BY EROSION.
COSTS PER RUNNING METER
DM30.00
TOTAL
75,000.00
PLANNING
HAULING OF 800 DBM OF UNSORTED ROCK MATERIAL, AS COARSE AS POSSIBLE,
FROM US ROCK QUARRIES WITH US TRUCKS. VEHICLE HOURS: 290
US EFFOR VEH
290
PLANNING
2. AREA E:
BLOCKING OF DITCHES CAUSED BY EROSION AS DESCRIBED FOR AREA M, IN A
LENGTH OF 450 METERS. HAULING OF 200 DBM OF ROCK MATERIAL WITH US
TRUCKS. HOURS: 40
RUNNING METER
450
COSTS PER RUNNING METER
30.00
TOTAL
13,500.00
US EFFOR VEH
40
RUNNING METER
2,950
TOTAL
88,500.00
US EFFOR VEH
330
PROJECTS:
A. AREA OF ROETHELWEIHER:
SUBDIVIDING OF THE APPROXIMATELY 300 HECTARE LARGE AREA WHICH IS MORE
OR LESS A SWAMP AREA, IN ORDER TO PROVIDE ACCESS FOR WHEELED VEHICLES
(FIRE PROTECTION).
1. REPAIR OF THE LANE PART OF WHICH STILL EXISTS, AND WHICH RUNS
ALONG THE NORTH-WESTERN EDGE OF THE FOREST SECTION "SCHWARZER BODEN"
BETWEEN THE RANGES 4 AND 38 OVER A LENGTH OF TWO KILOMETERS. BESIDES
THE PURPOSE OF MAKING THE AREA ACCESSIBLE, THE LANE WILL ALSO SERVE AS A
FIRE BREAK (COORDINATES 087044 TO 075056).
RUNNING METER
2,000
PROJECTS:
2. REPAIR OF THE OLD LANE BETWEEN THE FIRING POINT 473 AND THE
SECTION "SCHWARZER BODEN" OVER A LENGTH OF 1.9 KILOMETERS. THE LANE
SHALL SERVE THE PURPOSE OF MAKING THE AREA ACCESSIBLE AND AS A FIRE
BREAK (COORDINATES 0610435 TO 075056).
RUNNING METER
1,900
PROJECTS:
3. REPAIR OF THE 1.1 KILOMETER LONG LANE. THE LANE SERVES THE SAME
PURPOSES AS THE LANES MENTIONED UNDER A1 AND A2 (COORDINATES 0935057 TO
084051).
RUNNING METER
4,000
PROJECTS:
B. AREA E:
REPAIR OF FIVE LANES ON A TOTAL LENGTH OF 4 KM IN ORDER TO LIMIT THE
EXTENT TO WHICH TRACKED VEHICLES (HEAVY ARTILLERY) HAVE TO USE THE
SURFACES EXPOSED TO EROSION. OLD FIELD LANES WERE SELECTED TO PROVIDE
CONNECTION BETWEEN THE TANK TRAIL AND THE FIRING POINTS.
025-042 TO 0255-0485
0205-0495 TO 018-0575
0075-0525 TO 0115- 060
017-066 TO 021-0695
011-0665 TO 014- 073
RUNNING METER
4,000
PROJECTS:
C. AREA E AND A:
CONSTRUCTION OF 22 CROSSINGS AND ACCESS ROADS FROM THE TANK TRAILS
INTO THE TERRAIN (ARTILLERY FIRING POSITIONS) IN ORDER TO LIMIT THE USE
OF TANK TRAIL DITCHES AND THE TERRAIN. AT THE SAME TIME, THE ROADS WILL
SERVE THE PURPOSE OF ALLOWING LUMPS OF MUD TO DROP FROM THE TRACKS OF
VEHICLES BEFORE THE LATTER RE-ENTER THE TANK TRAIL.
RUNNING METER
1,100
PROJECTS:
D. TRAINING AREA 3
REPAIR OF A ONE KILOMETER LONG FIELD LANE SOUTH OF THE FORMER VILLAGE
DORNBACH TO SERVE AS A CONNECTING ROAD FROM THE TANK TRAIL TO THE FIRING
POINTS 3 AND 14. THE LANE SERVES TO REDUCE EXPOSURE OF THE TERRAIN.
RUNNING METER
1,000
PROJECTS:
E. FORESTRY ROAD NET
CONTINUOUS REPAIR WORK ON THE FORESTRY ROAD NET.
PROJECTS:
A. FIRE BREAKS
1. FIRE BREAKS IN THE TARGET AREAS OF THE RANGES IN ORDER TO KEEP
AREA FIRES (SETTING FIRE TO GRASS AND HEATHER) AS SMALL AS POSSIBLE SO
THAT FIRING ACTIVITIES DO NOT HAVE TO BE INTERRUPTED OVER A LONGER
PERIOD OF TIME.
2. FIRE BREAKS TO SAFEGUARD FOREST AREAS AND FOR THE REFORESTATION
OF FOREST AREAS WHICH HAD BEEN SUBJECT TO FOREST FIRE.
B. TARGET BUTTS
1. TARGET BUTTS WHICH COLLECT THE GREATEST PORTION OF INCENDIARY
AMMUNITION, SO THAT FIRING ACTIVITES DO NOT HAVE TO BE INTERRUPTED FOR
NECESSARY FIRE FIGHTING WORKS.
2. TARGET BUTTS TO SAVE FOREST AREAS FROM FOREST FIRES AND FROM
AMMUNITION DESTROYING THE FOREST, AS WELL AS FOR THE REFORESTATION OF
FOREST AREAS WHICH HAD BEEN SUBJECT TO FOREST FIRES.
C. RECONSTRUCTION OF MOVING TARGET FACILITIES
THE STRUCTURE OF THE EXISTING TARGET FACILITIES FOR MOVING TARGETS
VERY MUCH OBSTRUCTS OR INTERFERES WITH THE ERECTION OF A TARGET BUTT.
AS A RULE, THE TRAJECTORY OF BULLETS FORMS A SHARP ANGLE WITH RESPECT TO
THE GROUND. A RECONSTRUCTION - EVENTUALLY SIMILAR TO THE TARGET
FACILITIES OF THE BUNDESWEHR - WITH A RESPECTIVE TARGET BUTT WOULD FAR
LESS ENDANGER THE AREA, LOCATED BEHIND THE TARGET. THE MATERIAL
NECESSARY FOR THE RECONSTRUCTION CANNOT BE ASCERTAINED BY THE FORESTRY
OFFICE SINCE THIS IS A PURELY MILITARY CONSTRUCTION MEASURE.
SINCE THE US FORCES EXCLUSIVELY CONTRIBUTE TO THIS PROGRAM BY
ASSIGNING MACHINERY AND LABOR, I AM OF THE OPINION THAT THE
RECONSTRUCTION COULD BE REALIZED IF THE FEDERAL GOVERNMENT WOULD TAKE
OVER THE COSTS FOR THE MATERIAL. THE US FORCES HAVE SUGGESTED TO BRING
UP THIS COMPLEX OF QUESTIONS AT THE NEXT COMMITTEE MEETING.
PLANNING:
A1) FIRE BREAKS IN THE TARGET AREAS OF THE RANGES. THE MAINTENANCE
OF THE FIRE BREAKS IN THE TARGET AREAS WILL BE MADE IN CONNECTION WITH
THE RANGE MAINTENANCE WITHOUT CHARGING THE EXPENSE AGAINST THE
RESTORATION PROGRAM.
A2) FIRE BREAKS TO PREVENT FIRE IN THE FOREST AND FOR THE
REFORESTATION OF FOREST AREAS WHICH HAD BEEN SUBJECT TO FOREST FIRE.
THE MAINTENANCE OF THE APPROX. 160 KM LONG NET OF FIRE BREAKS WITH
BULLDOZERS AND GRADERS REQUIRES A YEARLY RECONDITIONING OF 50% OF THE
BREAKS. DEPENDING ON THE NECESSITY A YEARLY CONSTRUCTION OF 2-3 KM OF
NEW FIRE BREAKS IS REQUIRED. FOR THE MAINTENANCE OF 480 KM OF FIRE
BREAKS AND THE CONSTRUCTION OF 15 KM OF NEW FIRE BREAKS, A TOTAL OF 540
BULLDOZER HOURS AND 540 GRADER HOURS ARE NECESSARY.
US EFFORTS
BULLDOZER HRS
540
US EFFORTS
GRADER HRS
540
PLANNING:
B1) TARGET BUTTS
THE CONSTRUCTION AND MAINTENANCE OF DAMS WILL BE MADE IN CONNECTION
WITH THE RANGE MAINTENANCE WITHOUT CHARGING IT AGAINST THE RESTORATION
PROGRAM.
B2) BUILDING OF DAMS BEHIND THE TARGETS AT EACH RANGE TO A HEIGHT OF
APPROX. 3M ABOVE TARGET LEVEL.
BULLDOZER HOURS, PARTIAL INSTALLING OF TARGETS INTO THE SLOPE, A
TOTAL OF 1225 HRS.
US EFFORTS
BULLDOZER HRS
1225
US EFFORTS
BULLDOZER HRS
1765
US EFFORTS
GRADER HRS
540
PROJECTS
A. FILLING OF CRATERS RESULTING FROM IMPACTS IN THE OLD IMPACT AREA
FOR HONEST JOHN ROCKETS IN AREA B.
B. CONSTRUCTION OF TWO PONDS SERVING AS SAND TRAPS, TO BE LOCATED
BEHIND EACH OTHER, IN ORDER TO HOLD BACK DEPOSITS BEFORE REACHING THE
BOUNDARY. AT THE SAME TIME CONSTRUCTION OF A DITCH ALONG THE ROAD
LEADING FROM THE FORMER VILLAGE DORNBACH TO AUERBACH, TO CONTROL THE
WATER COMING FROM THE WELL AREA AND THE DRAINAGE WATER.
C. REPAIR OF A DAM IN AREA E AND CONSTRUCTION OF A SECOND DAM
APPROXIMATELY 300 METERS BELOW, IN ORDER TO WITHHOLD DEPOSITS. (CHART
OMITTED)
(CHART OMITTED)
(CHART OMITTED)
PHILIPPINES, REPUBLIC OF THE 21 MAY 1976 FLITE DOCUMENT NO. 7950081
EXCHANGE OF NOTES EXECUTED 12 MAY AND 21 MAY 1976.
AGREEMENT REGARDING CONTINUATION OF MEDICAL RESEARCH PROJECTS.
NO. 278
THE EMBASSY OF THE UNITED STATES OF AMERICA PRESENTS ITS COMPLIMENTS
TO THE DEPARTMENT OF FOREIGN AFFAIRS OF THE REPUBLIC OF THE PHILIPPINES
AND HAS THE HONOR TO REFER TO THE PAST PROJECTS OF JOINT MEDICAL
RESEARCH CONDUCTED IN THE REPUBLIC OF THE PHILIPPINES BY UNITED STATES
NAVAL MEDICAL RESEARCH UNIT - TWO (NAMRU-2) IN CONJUNCTION WITH THE
PHILIPPINE DEPARTMENT OF HEALTH AND THE RECENT DISCUSSIONS BETWEEN THE
APPROPRIATE AUTHORITIES OF THE TWO GOVERNMENTS CONCERNING THE
CONTINUATION OF SUCH MEDICAL AND SCIENTIFIC RESEARCH PROJECTS. IN ORDER
TO ENCOURAGE THE CONTINUATION OF PROJECTS OF THIS NATURE AND TO CLARIFY
THE RESEARCH ARRANGEMENTS, THE EMBASSY HAS THE HONOR TO PROPOSE THE
FOLLOWING:
FOR THE PURPOSES OF THIS AGREEMENT, THE DEPARTMENT OF HEALTH SHALL BE
THE RESPONSIBLE AGENCY FOR THE GOVERNMENT OF THE PHILIPPINES, AND NAVAL
MEDICAL RESEARCH UNIT - TWO (NAMRU-2) SHALL BE THE RESPONSIBLE AGENCY
FOR THE UNITED STATES GOVERNMENT. DIRECT LIAISON BETWEEN THE DEPARTMENT
OF HEALTH AND NAMRU-2 IS AUTHORIZED UNLESS OTHERWISE DIRECTED BY EITHER
GOVERNMENT.
NAMRU-2 MAY PARTICIPATE IN THE CONDUCT OF SUCH JOINT MEDICAL RESEARCH
PROJECTS AND STUDIES IN THE FIELD OF DISEASES ENDEMIC AND EPIDEMIC IN
THE PHILIPPINES AS ARE MUTUALLY AGREED UPON BY NAMRU-2 AND THE
DEPARTMENT OF HEALTH. IN ADDITION, OTHER COLLABORATIVE SCIENTIFIC AND
MEDICAL STUDIES MAY BE CONDUCTED AS AGREED UPON BETWEEN NAMRU-2 AND THE
DEPARTMENT OF HEALTH.
EACH MEDICAL AND SCIENTIFIC RESEARCH PROJECT WILL BE AGREED UPON BY
THE RESPONSIBLE AGENCIES OF THE TWO GOVERNMENTS PRIOR TO COMMENCEMENT OF
RESEARCH.
THE DEPARTMENT OF HEALTH SHALL MAKE AVAILABLE, MAINTAIN AND REPAIR
WITHOUT COST TO THE GOVERNMENT OF THE UNITED STATES, ON A TEMPORARY
BASIS, APPROPRIATE LABORATORY SPACE AND OFFICE FACILITIES NECESSARY TO
ACCOMPLISH THE PURPOSES OF THIS AGREEMENT. NAMRU-2 WILL SUPPLY
NECESSARY EQUIPMENT AND SUPPLIES FOR THE OPERATION OF THE LABORATORY AND
OFFICE AND MAY TEMPORARILY EMPLOY SUCH LOCAL PERSONNEL AS IT DEEMS
NECESSARY FOR THE PURPOSES OF THIS AGREEMENT. THE DEPARTMENT OF HEALTH
SHALL ASSIST NAMRU-2 IN RECRUITING APPROPRIATE LOCAL PERSONNEL.
UNITED STATES CIVILIAN AND MILITARY PERSONNEL ASSIGNED OR ATTACHED TO
NAMRU-2, AND THEIR DEPENDENTS, WILL BE PERMITTED TO ENTER THE REPUBLIC
OF THE PHILIPPINES FOR LIMITED PERIODS OF TIME FOR THE PURPOSE OF
CARRYING ON AGREED MEDICAL AND SCIENTIFIC RESEARCH PROJECTS. UPON ENTRY
SUCH INDIVIDUALS WILL HAVE IN THEIR POSSESSION APPROPRIATE
IDENTIFICATION AND NECESSARY TRAVEL DOCUMENTS IN COMPLIANCE WITH
PHILIPPINE IMMIGRATION LAWS AND REGULATIONS.
ALL UNITED STATES CIVILIAN AND MILITARY PERSONNEL, ENTERING THE
REPUBLIC OF THE PHILIPPINES FOR PURPOSES OF MEDICAL OR SCIENTIFIC
RESEARCH PROJECTS CONDUCTED PURSUANT TO THIS AGREEMENT, AND THEIR
DEPENDENTS, SHALL BE ACCORDED BY THE GOVERNMENT OF THE PHILIPPINES
PRIVILEGES AND IMMUNITIES ON THE SAME BASIS AS THE ADMINISTRATIVE AND
TECHNICAL STAFF OF THE UNITED STATES EMBASSY AND THEIR DEPENDENTS IN THE
REPUBLIC OF THE PHILIPPINES WITH THE EXCEPTION THAT TAX AND DUTY
EXEMPTIONS WILL BE LIMITED TO THEIR PROFESSIONAL INSTRUMENTS AND
IMPLEMENTS, TOOLS OF EMPLOYMENT, WEARING APPAREL AND PERSONAL AND
HOUSEHOLD EFFECTS ACCOMPANYING THEM OR ARRIVING WITHIN A REASONABLE
PERIOD OF TIME AFTER THEIR ENTRY INTO THE PHILIPPINES. IN ORDER TO
IDENTIFY THE ABOVE INDIVIDUALS TEMPORARILY IN THE REPUBLIC OF THE
PHILIPPINES AND PARTICIPATING IN OR RENDERING CONSULTIVE SERVICES IN THE
SEARCH ACTIVITIES, AND THEIR DEPENDENTS, THE UNITED STATES EMBASSY WILL
PROPERLY NOTIFY THE DEPARTMENT OF FOREIGN AFFAIRS PRIOR TO THEIR
ARRIVAL, SPECIFYING THEIR NAMES, POSITIONS, INTENDED LENGTH OF STAY IN
THE REPUBLIC OF THE PHILIPPINES AND PURPOSES OF THE RESEARCH PROJECT.
THE GOVERNMENT OF THE PHILIPPINES SHALL PERMIT THE IMPORT OR EXPORT,
WITHOUT TAX, DUTY OR OTHER CHARGE, OF BIOLOGICAL AND OTHER TYPES OF
SPECIMENS AS AGREED TO BY THE DEPARTMENT OF HEALTH. IN ADDITION,
LABORATORY EQUIPMENT AND OTHER SUPPLIES BROUGHT INTO THE REPUBLIC OF THE
PHILIPPINES FOR THE PURPOSE OF AGREED MEDICAL OR SCIENTIFIC RESEARCH
PROJECTS WILL BE EXEMPT FROM DUTY, TAXES AND OTHER CHARGES IN RELATION
TO THEIR IMPORT, PRESENCE AND USE IN THE PHILIPPINES, AND EXPORT. A
LIST OF SUCH EQUIPMENT AND SUPPLIES WILL BE PROVIDED THE DEPARTMENT OF
HEALTH UPON THEIR IMPORTATION AND ALL EQUIPMENT AND SUPPLIES, EXCEPT
EXPENDABLE ITEMS, WILL BE ACCOUNTED FOR UPON THEIR EXPORTATION. THE
DEPARTMENT OF HEALTH SHALL IN TURN CERTIFY AS TO THE EQUIPMENT AND
SUPPLIES NEEDED IN THE RESEARCH PROGRAM BROUGHT IN UNDER THIS AGREEMENT.
EXCEPT IN AREAS WHERE TRAVEL MIGHT BE PROHIBITED FOR REASONS OF
SECURITY OR PERSONAL SAFETY, NAMRU-2 PERSONNEL AND VEHICLES SHALL BE
PERMITTED TO TRAVEL WITHOUT RESTRICTION THROUGHOUT THE PHILIPPINES FOR
THE PURPOSE OF GATHERING RESEARCH DATA AND OBSERVING VARIOUS MEDICAL AND
SCIENTIFIC PHENOMENA UNDER FIELD CONDITIONS. TO FACILITATE
EPIDEMIOLOGICAL AND OTHER STUDIES REQUIRING CONTINUAL WORK AT FIELD
LOCATIONS, SMALL FIELD LABORATORIES MAY BE ESTABLISHED OUTSIDE THE
MANILA AREA UPON CONCURRENCE OF THE DEPARTMENT OF HEALTH. ALL COSTS
RELATING TO THE ESTABLISHMENT AND OPERATION OF SUCH FIELD LABORATORIES
WILL BE THE RESPONSIBILITY OF NAMRU-2.
MUTUALLY AGREEABLE PROGRAMS OF RESEARCH AND TRAINING COMPATIBLE WITH
THE RESOURCES AND AUTHORITY OF NAMRU-2 WILL BE ENCOURAGED AND
COOPERATIVE PROGRAMS AND STUDIES MAY BE CONDUCTED, IN CONSULTATION WITH
THE DEPARTMENT OF HEALTH, WITH SCHOOLS OF MEDICINE, PRIVATE HOSPITALS
AND OTHER CIVIL AND MILITARY HEALTH AUTHORITIES OF THE GOVERNMENT OF THE
PHILIPPINES.
NAMRU-2 SHALL FURNISH THE APPROPRIATE DEPARTMENTS OF THE GOVERNMENT
OF THE PHILIPPINES WITH PERIODIC PROGRESS REPORTS AND RESULTS OF ALL
RESEARCH CONDUCTED IN THE REPUBLIC OF THE PHILIPPINES. ALL RESEARCH
STUDIES CONDUCTED IN THE REPUBLIC OF THE PHILIPPINES WILL BE REVIEWED
AND CLEARANCES OBTAINED FROM THE APPROPRIATE AGENCIES OF THE GOVERNMENT
OF THE PHILIPPINES AND NAMRU-2 PRIOR TO PUBLICATION.
THIS AGREEMENT MAY BE TERMINATED BY EITHER PARTY AT ANY TIME PROVIDED
THAT AT LEAST THREE MONTHS PRIOR NOTICE OF INTENTION TO TERMINATE HAS
BEEN GIVEN.
IF THE FOREGOING IS ACCEPTABLE TO THE GOVERNMENT OF THE PHILIPPINES,
THE EMBASSY HAS THE HONOR TO PROPOSE THAT THIS NOTE AND THE DEPARTMENT'S
REPLY TO THAT EFFECT SHALL TOGETHER CONSTITUTE AN AGREEMENT BETWEEN THE
GOVERNMENT OF THE PHILIPPINES AND THE GOVERNMENT OF THE UNITED STATES OF
AMERICA EFFECTIVE ON THE DATE OF THE DEPARTMENT'S NOTE IN REPLY.
THE EMBASSY AVAILS ITSELF OF THIS OPPORTUNITY TO RENEW TO THE
DEPARTMENT OF FOREIGN AFFAIRS THE ASSURANCES OF ITS HIGHEST
CONSIDERATION. (SIGNATURE OMITTED)
EMBASSY OF THE UNITED STATES OF AMERICA
MANILA, MAY 12, 1976
NO. X6-1330
THE DEPARTMENT OF FOREIGN AFFAIRS PRESENTS ITS COMPLIMENTS TO THE
EMBASSY OF THE UNITED STATES OF AMERICA AND HAS THE HONOR TO ACKNOWLEDGE
THE RECEIPT OF THE EMBASSY'S NOTE NO. 278 DATED 12 MAY 1976, CONCERNING
THE CONTINUATION OF THE MEDICAL RESEARCH PROJECTS BEING CONDUCTED IN THE
PHILIPPINES BY THE UNITED STATES NAVAL MEDICAL RESEARCH UNIT - TWO
(NAMRU-2) IN CONJUNCTION WITH THE PHILIPPINE DEPARTMENT OF HEALTH.
THE DEPARTMENT WISHES TO INFORM THE EMBASSY THAT THE PHILIPPINE
GOVERNMENT WELCOMES THE CONTINUATION OF THE MEDICAL RESEARCH PROJECTS
AND ACCEPTS THE PROPOSALS OF THE UNITED STATES AS CONTAINED IN THE
AFOREMENTIONED NOTE. ACCORDINGLY, THE EMBASSY'S NOTE AND THIS REPLY
SHALL CONSTITUTE AN AGREEMENT BETWEEN THE TWO GOVERNMENTS EFFECTIVE ON
THE DATE OF THIS REPLY.
THE DEPARTMENT OF FOREIGN AFFAIRS AVAILS ITSELF OF THIS OPPORTUNITY
TO RENEW TO THE EMBASSY OF THE UNITED STATES OF AMERICA THE ASSURANCES
OF ITS HIGHEST CONSIDERATION. (SIGNATURE OMITTED)
MANILA, 21 MAY 1976
LEGAL/JIP/LCD
NEW ZEALAND 30 JUN 1976 FLITE DOCUMENT NO. 7950080
DEED OF LEASE EXECUTED 30 JUNE 1976.
DEED OF LEASE REGARDING DEPARTMENT OF THE NAVY LEASE OF LANDS AND
PREMISES OF THE CITY OF CHRISTCHURCH, NEW ZEALAND.
THIS DEED MADE THIS 30TH DAY OF JUNE 1976 BETWEEN THE MAYOR
COUNCILLORS AND CITIZENS OF THE CITY OF CHRISTCHURCH A BODY CORPORATE
UNDER THE MUNICIPAL CORPORATIONS ACT 1954 WITH PERPETUAL SUCCESSION AND
A COMMON SEAL (HEREINAFTER WITH ITS ASSIGNS REFERRED TO AS "THE LESSOR")
OF THE ONE PART AND THE UNITED STATES OF AMERICA (HEREINAFTER CALLED
"THE LESSEE") OF THE OTHER PART
WHEREAS THE LESSOR IS REGISTERED AS PROPRIETOR OF AN ESTATE IN FEE
SIMPLE IN ALL THE LANDS COMPRISING CHRISTCHURCH INTERNATIONAL AIRPORT
AND WHEREAS IT HAS BEEN VERBALLY AGREED BY AND BETWEEN THE PARTIES
HERETO THAT THE LESSOR SHALL LEASE AND THE LESSEE SHALL TAKE ON LEASE ON
BEHALF OF THE DEPARTMENT OF THE NAVY (NAVAL FACILITIES ENGINEERING
COMMAND WASHINGTON D.C.) THE LANDS AND PREMISES DESCRIBED IN THE
SCHEDULES HERETO AND THAT THE SAME SHALL BE USED EXCLUSIVELY FOR UNITED
STATES GOVERNMENTAL PURPOSES AND THEIR ASSOCIATED SUPPORT, THESE
PURPOSES HAVING BEEN AUTHORISED BY APPROPRIATE EXISTING
COUNTRY-TO-COUNTRY AGREEMENTS AND THOSE THAT MAY BE SUBSEQUENTLY
APPROVED
NOW THEREFORE IN PURSUANCE OF THE SAID VERBAL AGREEMENT AND THE
POWERS CONFERRED ON THE LESSOR UNDER AND BY VIRTUE OF THE AIRPORT
AUTHORITIES ACT 1966 AND ALL OTHER ENABLING POWERS AND
IN CONSIDERATION OF THE RENT HEREINAFTER RESERVED AND THE COVENANTS
CONDITIONS AND RESTRICTIONS ON THE PART OF THE LESSEE HEREINAFTER
CONTAINED AND IMPLIED HEREIN THE LESSOR DOTH HEREBY DEMISE AND LEASE
UNTO THE LESSEE ALL THE LANDS AND PREMISES DESCRIBED IN THE SCHEDULES
HERETO (HEREINAFTER REFERRED TO AS "THE DEMISED PREMISES") TO HOLD THE
SAME AS LESSEE FOR A TERM OF THREE (3) MONTHS FROM AND INCLUSIVE OF THE
1ST DAY OF JULY 1976 AND EXPIRING ON THE 30TH DAY OF SEPTEMBER 1976 THE
LESSEE YIELDING AND PAYING THEREFOR THE ANNUAL RENTAL RATES HEREINAFTER
SET FORTH UPON AND SUBJECT TO THE FOLLOWING COVENANTS CONDITIONS AND
RESTRICTIONS PROVIDED ALWAYS THAT THE LESSEE MAY RENEW THIS PRESENT
LEASE FROM YEAR TO YEAR BY GIVING AT LEAST NINETY DAYS' NOTICE IN
WRITING TO THE LESSOR, SUCH ANNUAL RENEWALS NOT TO EXTEND BEYOND THE
30TH DAY OF SEPTEMBER 1981. THE DATE OF COMMENCEMENT OF ANY SUCH NOTICE
SHALL BE COMPUTED FROM THE DAY FOLLOWING THE DATE OF POSTING THEREOF BY
THE LESSEE. BY EXECUTION OF THIS LEASE THE LESSOR ACKNOWLEDGES RECEIPT
OF NOTICE OF THE LESSEE'S ELECTION TO RENEW SAME FOR THE TERM COMMENCING
ON THE 1ST DAY OF OCTOBER 1976 AND EXPIRING ON THE 30TH DAY OF SEPTEMBER
1977 UNDER THE SAME TERMS AND CONDITIONS, SUBJECT TO THE AVAILABILITY OF
FUNDS FOR PAYMENT OF RENTAL.
AND THE LESSEE DOTH HEREBY CONVENANT WITH THE LESSOR AS FOLLOWS:-
1. THE LESSEE SHALL PAY TO THE LESSOR AT CHRISTCHURCH FREE OF
EXCHANGE OR ANY OTHER DEDUCTION WHATSOEVER THE CLEAR ANNUAL RENTAL OF
FORTY FIVE THOUSAND NINE HUNDRED AND FIFTY SIX DOLLARS AND FORTY FOUR
CENTS ($45,956.44) (N.Z. CURRENCY) PAYABLE ALWAYS IN ADVANCE BY EQUAL
QUARTERLY PAYMENTS OF ELEVEN THOUSAND FOUR HUNDRED AND EIGHTY NINE
DOLLARS AND ELEVEN CENTS ($11,489.11) (N.Z. CURRENCY) ON THE 1ST DAYS OF
JANUARY, APRIL, JULY AND OCTOBER IN EACH AND EVERY YEAR DURING THE TERM
HEREOF THE FIRST OF SUCH QUARTERLY PAYMENTS TO BECOME DUE AND BE MADE ON
THE 1ST DAY OF JULY 1976.
2. ALL QUARTERLY PAYMENTS OF RENT DUE AND PAYABLE UNDER THIS DEED
AND ANY EXTENSION OR RENEWAL THEREOF AND ALL OTHER CHARGES WHICH THE
LESSEE MAY BE REQUIRED TO PAY TO THE LESSOR UNDER ANY ANCILLARY
AGREEMENT SHALL BE MADE PAYABLE TO "THE CITY TREASURER" AND BE PAID AT
THE OFFICES OF THE CHRISTCHURCH CITY COUNCIL, MANCHESTER STREET,
CHRISTCHURCH, MAILING ADDRESS P.O. BOX 237, CHRISTCHURCH.
3. THE LESSEE SHALL HAVE THE RIGHT BY GIVING NINETY DAYS' NOTICE IN
WRITING TO THE LESSOR PRIOR TO THE 30TH DAY OF JUNE 1981 OF HAVING THIS
PRESENT LEASE RENEWED FOR A FURTHER TERM OF ONE YEAR INCLUDING ANNUAL
RIGHTS OF RENEWAL FOR A FURTHER FOUR YEARS THEREAFTER UPON AND SUBJECT
TO THE SAME COVENANTS CONDITIONS AND RESTRICTIONS AS ARE HEREIN
CONTAINED AND AT SUCH ANNUAL RENTAL AS MAY THEN BE MUTUALLY AGREED UPON
BY AND BETWEEN THE LESSOR AND THE LESSEE.
4. (A) SO LONG AS THIS PRESENT LEASE OR ANY RENEWAL OR EXTENSION
THEREOF SHALL BE AND REMAIN IN FULL FORCE AND EFFECT THE LESSEE MAY MAKE
ALTERATIONS ATTACH FIXTURES AND INSTALL SIGNS WITHIN ANY BUILDING
SITUATED ON THE LAND HEREBY LEASED WHETHER SUCH BUILDING SHALL BE THE
PROPERTY OF THE LESSOR OR THE LESSEE AND ANY SUCH ALTERATIONS FIXTURES
AND SIGNS SHALL BE AND REMAIN THE PROPERTY OF THE LESSEE AND MAY BE
REMOVED AT ANY TIME PRIOR TO THE LESSEE GIVING UP POSSESSION OF THE SAID
LAND OR BUILDINGS THE LESSEE ON ITS PART TO MAKE GOOD ANY DAMAGE TO LAND
OR BUILDINGS THE PROPERTY OF THE LESSOR WHICH MAY BE CAUSED BY REMOVAL.
(B) PRIOR TO THE EXPIRATION OR DETERMINATION OF THIS LEASE OR ANY
RENEWAL OR EXTENSION THEREOF OR TO THE GIVING UP OF POSSESSION OF THE
DEMISED PREMISES BY THE LESSEE AND WHICHEVER EVENT MAY OCCUR THE SOONER
THE LESSEE SHALL BE MUTUAL AGREEMENT BETWEEN THE LESSOR AND THE LESSEE:-
(I) EITHER RESTORE THE PREMISES TO THE SAME CONDITION AS THAT
EXISTING AT THE TIME OF ENTERING UPON THE SAME UNDER THIS LEASE,
REASONABLE AND ORDINARY WEAR AND TEAR AND DAMAGE BY THE ELEMENTS OR BY
CIRCUMSTANCES OVER WHICH THE LESSEE HAS NO CONTROL EXCEPTED
(II) OR PAY TO THE LESSOR A SUM OF MONEY REPRESENTING EITHER THE
DIMINUTION IN THE FAIR MARKET VALUE OF THE PROPERTY DUE TO THE FAILURE
TO RESTORE, OR THE ACTUAL COST OF RESTORATION, WHICHEVER IS THE LESSER
AMOUNT
(III) OR ABANDON AND CONVEY TO THE LESSOR SUCH PROPERTY IN LIEU OF
RESTORATION.
5. THE LESSEE SHALL NOT WITHOUT THE PRIOR WRITTEN CONSENT OF THE
LESSOR ERECT ANY NEW BUILDING OR ALTER OR ADD TO ANY EXISTING BUILDING
AT PRESENT FORMING PART OF THE DEMISED PREMISES OR PLACE ANY STRUCTURE
OR SIGN OR OTHER IMPROVEMENT UPON THE LAND HEREBY DEMISED OR TAR-SEAL OR
CONCRETE ANY PART OF THE SURFACE THEREOF EXCEPT SUCH SIGNS OR
DIRECTIONAL INDICATIONS AS MAY BE REQUIRED BY THE LESSEE FOR PROPER
UTILIZATION OF THE PREMISES. ALL SUCH NEW IMPROVEMENTS SHALL BE AND
REMAIN THE PROPERTY OF THE LESSEE AND MAY BE REMOVED BY THE LESSEE AT
ANY TIME DURING THE TERM HEREOF OR ANY RENEWAL OR EXTENSION.
6. THE LESSEE WILL AT ALL TIMES KEEP AND MAINTAIN THE WHOLE OF THE
PREMISES OCCUPIED AND USED BY IT IN GOOD ORDER AND REPAIR SUCH AS A
REASONABLE PERSON OF PRUDENCE WOULD TAKE CARE OF HIS OWN PROPERTY. THE
LESSEE SHALL NOT PERMIT SUFFER OR CONDONE THE CONDUCT OF ANY ILLEGAL
IMMORAL OR IMPROPER PRACTICES UPON OR WITHIN ANY OF THE LANDS OR
BUILDINGS USED OR OCCUPIED BY IT NOR PERMIT ANY NUISANCE OR ANNOYANCE
THEREON TO THE LESSOR ITS TENANTS OCCUPIERS LICENSEES OR ANY OTHER
PERSON HAVING LAWFUL BUSINESS UPON THE DEMISED PREMISES OR ANY PART OF
CHRISTCHURCH INTERNATIONAL AIRPORT.
7. THE LESSOR WILL DURING THE TERM HEREOF AND ANY EXTENSION OR
RENEWAL INSURE AGAINST LOSS OR DAMAGE OR DESTRUCTION BY FIRE EARTHQUAKE
FLOOD STORM TEMPEST OR OTHER INEVITABLE ACCIDENT OF BUILDINGS AND
IMPROVEMENTS OWNED BY THE LESSOR EXCEPTING ALWAYS DAMAGE THAT MAY RESULT
AS AN ACT OR CONSEQUENCE OF THE LESSEE OR ANY NEGLECT OR DEFAULT ON THE
PART OF THE LESSEE AND THE LESSEE WILL NOT DO PERMIT OR SUFFER TO BE
DONE ANY ACT OR OMISSION WHEREBY ANY SUCH POLICY OR POLICIES OF
INSURANCE IN RESPECT OF THE LESSOR'S BUILDINGS OR IMPROVEMENTS WILL
BECOME VOID OR VOIDABLE OR WHEREBY THE PREMIUMS THEREON MAY BE
INCREASED. IN THE EVENT OF THE DEMISED PREMISES BEING COMPLETELY
DESTROYED BY FIRE EARTHQUAKE FLOOD STORM TEMPEST OR OTHER INEVITABLE
ACCIDENT THEN THE RIGHTS EXISTING BETWEEN THE LESSOR AND LESSEE SHALL
IMMEDIATELY CEASE AND DETERMINE BUT WITHOUT PREJUDICE TO THE RIGHT OF
THE LESSOR TO RECEIVE RENT TO THE DATE OF SUCH DESTRUCTION. IN THE
EVENT OF THE DEMISED PREMISES BEING RENDERED PARTIALLY UNFIT FOR USE OR
OCCUPATION BY THE LESSEE THE RENTAL PAYABLE HEREUNDER SHALL ABATE
PROPORTIONATELY ACCORDING TO THE AMOUNT OF DAMAGE INCURRED UNTIL THE
DAMAGED PREMISES SHALL BE REINSTATED AND AGAIN MADE FIT FOR OCCUPATION
AND USE BY THE LESSEE.
8. THE LESSEE WILL NOT CALL UPON THE LESSOR TO ERECT OR MAINTAIN OR
CONTRIBUTE TOWARDS THE ERECTION OR MAINTENANCE OF ANY DIVIDING OR
BOUNDARY FENCE BETWEEN ANY PART OF THE DEMISED PREMISES AND ANY
ADJOINING LAND OWNED OR OCCUPIED BY THE LESSOR.
9. THE LESSEE SHALL USE THE TERMINAL BUILDING ACCOMMODATION ONLY FOR
THE PROCESSING OF INCOMING AND OUTGOING AIR PASSENGERS SUBJECT TO THE
CONTROL OF THE LESSEE AND THE PERSONAL BAGGAGE OF SUCH PASSENGERS.
10. THE LESSEE WILL NOT ESTABLISH MAINTAIN NOR PERMIT NOR SUFFER TO
BE ESTABLISHED OR MAINTAINED IN OR UPON THE DEMISED PREMISES ANY
BUSINESS OR TRADING ORGANIZATION WHICH IN THE OPINION OF THE LESSOR
COMPETES WITH ANY BUSINESS CARRIED ON BY ANY OTHER PERSON AT
CHRISTCHURCH INTERNATIONAL AIRPORT WITH THE DUE AUTHORITY OF THE LESSOR
PROVIDED ALWAYS THAT THE LESSEE MAY ESTABLISH SUCH FACILITIES AS IT MAY
REASONABLY REQUIRE FOR THE USE CONVENIENCE OR ENJOYMENT OF ITS
PERSONNEL.
11. THE LESSOR SHALL ACCEPT FULL AND SOLE RESPONSIBILITY FOR THE
PAYMENT OF ALL TAXES RATES AND OTHER CHARGES OF A PUBLIC NATURE WHICH
ARE OR MAY BE ASSESSED AGAINST THE PROPERTY AND PREMISES COVERED BY THIS
LEASE AGAINST THE LESSOR AS OWNER THEREOF.
12. THE LESSEE AND LESSOR AGREE THAT SO LONG AS THE PUBLIC CHARGES
DESCRIBED IN PARAGRAPH 11 DO NOT PROVIDE FOR POTABLE WATER SUPPLY,
SEWAGE DISPOSAL, GARDENING, COLLECTION AND DISPOSAL OF RUBBISH AND
SECURITY, THE LESSEE SHALL MAKE ARRANGEMENTS SATISFACTORY TO THE LESSOR
FOR EACH OF THE SAID SERVICES.
13. A JOINT PHYSICAL SURVEY AND INSPECTION REPORT OF THE DEMISED
PREMISES SHALL BE MADE AS OF THE EFFECTIVE DATE OF THIS LEASE REFLECTING
THE THEN PRESENT CONDITION OF THE DEMISED PREMISES AND SHALL BE SIGNED
ON BEHALF OF THE PARTIES HERETO.
14. (A) THE LESSOR AGREES THAT THE COMPTROLLER GENERAL OF THE UNITED
STATES OR ANY OF THIS DULY AUTHORISED REPRESENTATIVES SHALL, UNTIL THE
EXPIRATION OF THREE YEARS AFTER FINAL PAYMENT UNDER THIS LEASE, HAVE
ACCESS TO AND THE RIGHT TO EXAMINE ANY DIRECTLY PERTINENT BOOKS
DOCUMENTS PAPERS AND RECORDS OF THE LESSOR INVOLVING TRANSACTIONS
RELATED TO THIS LEASE.
(B) THE LESSOR FURTHER AGREES TO INCLUDE IN ALL ITS SUBCONTRACTS
RELATING TO THE DEMISED PREMISES HEREUNDER A PROVISION TO THE EFFECT
THAT THE SUBCONTRACTOR AGREES THAT THE COMPTROLLER GENERAL OF THE UNITED
STATES OR HIS REPRESENTATIVES SHALL, UNTIL THE EXPIRATION OF THREE YEARS
AFTER FINAL PAYMENT UNDER THIS LEASE BY THE LESSEE HAVE ACCESS TO AND
THE RIGHT TO EXAMINE ANY DIRECTLY PERTINENT BOOKS DOCUMENTS PAPERS AND
RECORDS OF SUCH SUBCONTRACTOR INVOLVING TRANSACTIONS RELATED TO THE
SUBCONTRACT.
15. THE LESSEE MAY TERMINATE THIS LEASE OR ANY RENEWAL OR EXTENSION
THEREOF AT ANY TIME BY GIVING TO THE LESSOR AT LEAST NINETY DAYS' PRIOR
NOTICE IN WRITING OF THE LESSEE'S INTENTION SO TO DO AND NO RENTAL SHALL
ACCRUE OR BE PAYABLE BY THE LESSEE AFTER THE EFFECTIVE DATE OF SUCH
TERMINATION. SUCH NOTICE SHALL BE COMPUTED COMMENCING FROM THE DAY
AFTER THE DATE OF MAILING THEREOF.
16. THE LESSEE SHALL NOT SUBLET NOR PART WITH POSSESSION OF THE
DEMISED PREMISES OR ANY PART THEREOF TO ANY PRIVATE PERSON OR OTHER
CORPORATE BODY WITHOUT FIRST OBTAINING THE PRIOR WRITTEN APPROVAL OF THE
LESSOR AND SHALL NOT BE RELIEVED FROM ANY OF ITS OBLIGATIONS HEREUNDER
BY REASON OF ANY SUCH APPROVED SUBLETTING PROVIDED THAT THE LESSEE SHALL
NOT BE DEEMED TO HAVE ACTED IN CONTRAVENTION OF THIS CLAUSE BY
PERMITTING THE USE OF ANY PART OF THE DEMISED PREMISES BY ANY OTHER
AGENCIES OF THE UNITED STATES GOVERNMENT CONSISTENT WITH APPROPRIATE
COUNTRY-TO-COUNTRY AGREEMENTS
AND THE LESSOR HEREBY CONVENANTS WITH THE LESSEE AS FOLLOWS:-
17. THAT THE LESSEE DULY PAYING THE RENT HEREBY RESERVED AND
PERFORMING AND OBSERVING ALL CONVENANTS AND CONDITIONS ON ITS PART
HEREIN CONTAINED OR IMPLIED SHALL QUIETLY ENJOY THE DEMISED PREMISES
DURING THE SAID TERM WITHOUT ANY INTERRUPTION BY THE LESSOR OR ANY
PERSON LAWFULLY CLAIMING UNDER THE LESSOR OR IN TRUST FOR IT.
18. NO MEMBER OF OR DELEGATE TO THE UNITED STATES CONGRESS OR
RESIDENT COMMISSIONER SHALL BE ADMITTED TO ANY SHARE OR PART OF THIS
LEASE OR TO ANY BENEFIT THAT MAY ARISE THEREFROM BUT THIS PROVISION
SHALL NOT BE CONSTRUED TO EXTEND TO THIS LEASE IF MADE WITH A
CORPORATION FOR ITS GENERAL BENEFIT.
19. THE LESSOR WARRANTS THAT NO PERSON OR SELLING AGENCY HAS BEEN
EMPLOYED OR RETAINED TO SOLICIT OR SECURE THIS LEASE UPON AGREEMENT OR
UNDERSTANDING FOR A COMMISSION PERCENTAGE BROKERAGE OR CONTINGENT FEE
EXCEPTING BONA FIDE EMPLOYEES OR BY THE LESSOR FOR THE PURPOSES OF
SECURING BUSINESS. FOR BREACH OR VIOLATION OF THIS WARRANTY THE LESSEE
SHALL HAVE THE RIGHT TO ANNUL THIS LEASE WITHOUT LIABILITY OR IN ITS
DISCRETION TO DEDUCT FROM THE RENT OR CONSIDERATION THE FULL AMOUNT OF
EACH COMMISSION PERCENTAGE BROKERAGE OR CONTINGENT FEE. THE LESSEE
AGREES THAT THIS CONVENANT SHALL NOT APPLY TO LICENSED REAL ESTATE
AGENTS PERFORMING THEIR NORMAL FUNCTIONS.
20. THE LESSEE MAY BY WRITTEN NOTICE TO THE LESSOR TERMINATE THE
RIGHTS OF THE LESSOR UNDER THIS LEASE IF IT IS FOUND AFTER NOTICE AND
HEARING BY THE SECRETARY OF THE UNITED STATES NAVY OR HIS DULY
AUTHORISED REPRESENTATIVE THAT GRATUITIES (IN THE FORM OF ENTERTAINMENT
GIFTS OR OTHERWISE) WERE OFFERED OR GIVEN BY THE LESSOR TO ANY OFFICER
OR EMPLOYEE OF THE LESSEE WITH A VIEW TOWARD SECURING A LEASE OR
SECURING FAVOURABLE TREATMENT WITH RESPECT TO THE AWARDING OR AMENDMENT
OR THE MAKING OF ANY DETERMINATION WITH RESPECT TO THE PERFORMING OF
SUCH LEASE PROVIDED THAT THE EXISTENCE OF THE FACTS UPON WHICH THE
SECRETARY OR HIS DULY AUTHORISED REPRESENTATIVE MAKES SUCH FINDINGS
SHALL BE IN ISSUE AND MAY BE REVIEWED IN ANY COMPETENT COURT. IN THE
EVENT THIS LEASE IS SO TERMINATED AND LESSEE SHALL BE ENTITLED - (I) TO
PURSUE THE SAME REMEDIES AGAINST THE LESSOR AS IT COULD PURSUE IN THE
EVENT OF A BREACH OF THE CONTRACT BY THE LESSOR, AND
(II) AS A PENALTY IN ADDITION TO ANY OTHER DAMAGES TO WHICH IT MAY BE
ENTITLED BY LAW TO EXEMPLARY DAMAGES IN AN AMOUNT (AS DETERMINED BY THE
SECRETARY OR HIS DULY AUTHORISED REPRESENTATIVE) WHICH SHALL NOT BE LESS
THAN THREE OR MORE THAN TEN TIMES THE COST INCURRED BY THE LESSOR IN
PROVIDING SUCH GRATUITIES TO ANY SUCH OFFICER OR EMPLOYEE. THE RIGHTS
AND REMEDIES OF THE LESSEE PROVIDED IN THIS CLAUSE SHALL NOT BE
EXCLUSIVE AND ARE IN ADDITION TO ANY OTHER RIGHTS AND REMEDIES PROVIDED
IN LAW OR UNDER THIS LEASE.
21. ANY RIGHTS WHICH MAY VEST OR ACCRUE TO THE LESSEE UNDER THIS
LEASE OR ANY RENEWAL OR EXTENSION THEREOF SHALL ABSOLUTELY CEASE AND
DETERMINE UPON THE PERMANENT ABANDONMENT OF CHRISTCHURCH INTERNATIONAL
AIRPORT AS AN AIR TERMINAL SERVING SCHEDULED AIRLINES AND OR UPON THE
LAWFUL ASSUMPTION BY THE GOVERNMENT OF NEW ZEALAND OR ANY AUTHORISED
AGENCY THEREOF OF THE OPERATION CONTROL OR USE OF THE SAID AIRPORT OR
ANY SUBSTANTIAL PART OR PARTS THEREOF IN SUCH MANNER AS SUBSTANTIALLY TO
RESTRICT THE USE AND OCCUPATION BY THE LESSEE OF THE DEMISED PREMISES.
22. THE LESSOR IN ITS CAPACITY AS OWNER AND THE LESSEE IN ITS
CAPACITY AS OCCUPIER AND USER AGREE TO COMPLY WITH ALL CODES ORDINANCES
BY-LAWS AND OTHER LEGAL REQUIREMENTS AS EACH MAY BE CALLED UPON SO TO DO
IN THEIR RESPECTIVE CAPACITIES RELATING TO THE OPERATION ALTERATION OR
IMPROVEMENT OF THE DEMISED PREMISES AND AT THEIR RESPECTIVE EXPENSE
OBTAIN ALL NECESSARY PERMITS AND RELATED ITEMS.
23. THE LESSEE SHALL AT ALL TIMES DURING THE SAID TERM OR ANY
RENEWAL THEREOF KEEP THE LESSOR INDEMNIFIED AGAINST ALL LIABILITY IN
RESPECT OF INJURY OR DAMAGE TO ANY PERSON OR PROPERTY IN OR UPON THE
DEMISED PREMISES WHETHER ARISING BY ACT NEGLECT OR DEFAULT OF THE LESSEE
ITS SERVANTS AGENTS WORKMEN INVITEES AND LICENSEES OR ANY OTHER PERSON
UNDER ITS CONTROL OR COMMAND AND THE LESSOR ON ITS PART SHALL LIKEWISE
INDEMNIFY THE LESSEE IN RESPECT OF INJURY OR DAMAGE TO PERSON OR
PROPERTY ARISING BY ACT NEGLECT OR DEFAULT OF THE LESSOR ITS OFFICERS
EMPLOYEES AGENTS OR WORKMEN.
24. THIS LEASE IS ENTERED INTO AS A RESULT OF NEGOTIATIONS PURSUANT
TO THE AUTHORITY OF 10 USC 2404 (A) (10) OR 41 USC 252 (C) (9) AND ANY
NECESSARY DETERMINATIONS AND FINDINGS, OR OTHER SUPPORTING STATEMENT OF
JUSTIFICATIONS, PRESCRIBED BY THE APPLICABLE ACT HAVE BEEN MADE.
25. ALL DIFFERENCES AND DISPUTES WHICH MAY ARISE BETWEEN THE PARTIES
HERETO TOUCHING OR CONCERNING THE CONSTRUCTION OF THESE PRESENTS OR THE
RESPECTIVE RIGHTS DUTIES OR LIABILITIES OF THE PARTIES HEREUNDER THE
MATTER IN DISPUTE SHALL BE REFERRED FOR DECISION TO A SINGLE ARBITRATOR
IN CASE THE PARTIES AGREE UPON ONE OTHERWISE TO TWO ARBITRATORS ONE TO
BE APPOINTED BY EACH PARTY AND AN UMPIRE TO BE APPOINTED BY THE
ARBITRATORS BEFORE THEY ENTER UPON CONSIDERATION OF THE MATTER IN
DISPUTE IN ACCORDANCE WITH THE PROVISIONS OF THE ARBITRATION ACT 1908 OR
ANY THEN SUBSISTING STATUTORY PROVISIONS RELATING TO ARBITRATION AND IN
ACCORDANCE WITH THE LAW RELATING THERETO FOR THE TIME BEING IN FORCE IN
NEW ZEALAND.
BARRACKS AND HEADQUARTERS SITE COMPRISING APPROXIMATELY NINE ACRES
TWO ROODS THIRTY SEVEN PERCHES (9A:2R:37P) TOGETHER WITH ALL
APPURTENANCES USUALLY HELD OR ENJOYED THEREWITH AS THE SAME IS SHOWN
COLOURED PURPLE IN DIAGRAM 1 ATTACHED HERETO AND THE FOLLOWING BUILDINGS
THE PROPERTY OF THE LESSOR:-
(1) ADMINISTRATION BUILDING
(2) OFFICERS WARDROOM
(3) BACHELOR OFFICERS QUARTERS 1
(4) SENIOR PETTY OFFICER'S QUARTERS
(5) BACHELOR ENLISTED QUARTERS 1
(6) BACHELOR ENLISTED QUARTERS 2
(7) GENERAL MESS/ENLISTED MEN'S CLUB
(8) GALLEY STOREHOUSE
(9) GALLEY WASH-HOUSE
(10) DISPENSARY
(11) AUDITORIUM
(12) POST OFFICE NAVY EXCHANGE
(13) BACHELOR ENLISTED QUARTERS 6 - PHOTOGRAPHIC LABORATORY
(14) BACHELOR ENLISTED QUARTERS 3 - RECREATION FACILITY
(15) BACHELOR ENLISTED QUARTERS 4
(16) BACHELOR ENGLISTED QUARTERS 5/CHIEF PETTY OFFICER'S CLUB
(17) MASTER-AT-ARMS BUILDING
OPERATIONS AREA COMPRISING APPROXIMATELY SIX ACRES THREE ROODS TWENTY
TWO PERCHES (6A:3R:22P) AND ALL APPURTENANCES USUALLY HELD OR ENJOYED
THEREWITH AS THE SAME IS SHOWN COLOURED PURPLE ON DIAGRAM 1 ATTACHED
HERETO.
TERMINAL BUILDING ACCOMMODATION COMPRISING THE OFFICE AND COUNTER
SPACE SITUATED IN AND FORMING PART OF THE AIRPORT TERMINAL BUILDING AS
AT PRESENT OCCUPIED BY THE LESSEE AND SHOWN COLOURED PURPLE ON DIAGRAM 2
TOGETHER WITH A RIGHT OF ACCESS THERETO BY MEANS OF THE PASSAGES AND
STAIRWAYS IN THE SAID BUILDINGS.
ENGINE TEST CELL FACILITY COMPRISING EIGHT THOUSAND TWO HUNDRED AND
NINETY FIVE (8,295) SQUARE FEET OF LAND AS SHOWN COLOURED RED ON DIAGRAM
3 ATTACHED HERETO AND INCLUDING THE ENGINE TEST PAD SITE AND ROAD.
IN WITNESS WHEREOF THESE PRESENTS HAVE BEEN EXECUTED THE DAY AND YEAR
FIRST BEFORE WRITTEN.
THE COMMON SEAL OF THE MAYOR
COUNCILLORS AND CITIZENS OF
THE CITY OF CHRISTCHURCH WAS
HERETO AFFIXED BY AND IN THE
PRESENCE OF:
(SIGNATURE OMITTED) MAYOR
(SIGNATURE OMITTED) GENERAL MANAGER AND TOWN CLERK
UNITED STATES OF AMERICA BY (SIGNATURE OMITTED)
BY DIRECTION OF THE COMMANDER,
NAVAL FACILITIES ENGINEERING
COMMAND, ACTING UNDER THE
DIRECTION OF THE SECRETARY OF
THE NAVY.
I, JOHN HAROLD GRAY CERTIFY THAT I AM THE GENERAL MANAGER AND TOWN
CLERK OF THE CORPORATION NAMED AS LESSOR IN THE ATTACHED LEASE; THAT
HAMISH GRENFELL HAY AND MYSELF WHO AFFIXED THE SEAL TO THE SAID LEASE ON
BEHALF OF THE LESSOR, WERE THEN THE MAYOR AND GENERAL MANAGER AND TOWN
CLERK OF THE SAID CORPORATION; THAT SAID LEASE WAS DULY SIGNED FOR AND
ON BEHALF OF THE SAID CORPORATION BY ITS AUTHORITY AND IS WITHIN THE
SCOPE OF ITS CORPORATE POWERS.
APPROPRIATION AND ACCOUNTING DATA:
CONTRACT NO:
USING ACTIVITY:
LOCAL GOVERNMENT REPRESENTATIVE:
COST:
APPROPRIATION:
ALLOTMENT SERIAL:
PROJECT AND OBJECT:
STATION NO:
DIAGRAM 1 (DIAGRAM OMITTED)
DIAGRAM 3 (DIAGRAM OMITTED)
DIAGRAM 2 (DIAGRAM OMITTED)
. . .
. . . . . .
NEW ZEALAND 3 APR 1970 FLITE DOCUMENT NO. 7950079
AGREEMENT EXECUTED 3 APRIL 1970.
AGREEMENT REGARDING RELOCATION OF FUELING FACILITY TO A SITE ADJACENT
TO THE HARDSTAND USED BY THE UNITED STATES AT CHRISTCHURCH INTERNATIONAL
AIRPORT, NEW ZEALAND.
THIS AGREEMENT MADE AS OF THIS 3RD DAY OF APRIL 1970 BETWEEN THE
MAYOR COUNCILLORS AND CITIZENS OF THE CITY OF CHRISTCHURCH A BODY
CORPORATE UNDER THE MUNICIPAL CORPORATIONS ACT 1954 WITH PERPETUAL
SUCCESSION AND A COMMON SEAL (HEREINAFTER WITH ITS ASSIGNS REFERRED TO
AS "THE CITY") OF THE ONE PART AND THE UNITED STATES OF AMERICA
(HEREINAFTER CALLED "THE UNITED STATES") OF THE OTHER PART
WHEREAS THE CITY IS REGISTERED AS PROPRIETOR OF AN ESTATE IN FEE
SIMPLE IN ALL THE LANDS COMPRISING CHRISTCHURCH INTERNATIONAL AIRPORT,
AND WHEREAS THE CITY PERMITS THE USE OF THE AIRCRAFT FUELING FACILITY
AND OTHER COMMON USE FACILITIES AT CHRISTCHURCH INTERNATIONAL AIRPORT
WITHOUT CHARGE OR OTHER REIMBURSEMENT WHEN USED FOR UNITED STATES
GOVERNMENTAL PURPOSES AND THEIR ASSOCIATED SUPPORT, THESE PURPOSES
HAVING BEEN AUTHORIZED BY APPROPRIATE EXISTING COUNTRY-TO-COUNTRY
AGREEMENTS AND THOSE THAT MAY BE SUBSEQUENTLY APPROVED,
AND WHEREAS THE PRESENT FUELING FACILITY IS NOT LOCATED ADJACENT TO
THE HARDSTAND USED BY THE UNITED STATES SO THAT ITS PLANES MUST BE TOWED
TO THE FUELING AREA WHICH IS CONGESTED RESULTING IN A POTENTIAL HAZARD
TO PLANES AND MEN,
AND WHEREAS THE PRESENT FUELING FACILITY IS IN THE WAY OF PLANNED
EXPANSION OF THE CITY'S COMMERCIAL AIR CARGO TERMINAL AND THE CITY IS
WILLING, IF THE UNITED STATES CONTRIBUTES A SHARE OF THE COST, TO
RELOCATE THE FUELING AREA TO A SITE ADJACENT TO THE HARDSTAND USED BY
THE UNITED STATES,
AND WHEREAS THE NAVAL FACILITIES ENGINEERING COMMAND, WASHINGTON,
D.C. HAS DETERMINED THAT THERE IS NO LEGAL OBJECTION TO THE UNITED
STATES CONTRIBUTING TO THE COST OF SUCH IMPROVEMENT,
NOW THEREFORE THE CITY AND THE UNITED STATES TO HEREBY AGREE THAT IN
CONSIDERATION OF THE CONTINUED USE OF AIRCRAFT FUELING FACILITIES AND
OTHER COMMON USE FACILITIES AT AFORESAID, THE UNITED STATES WILL
REIMBURSE THE CITY, IN THE MANNER SPECIFIED BELOW, IF AND WHEN THE CITY,
IN ORDER TO PROVIDE FOR A FUELING HYDRANT SYSTEM CONSTRUCTS A 200 FOOT
WIDE ASPHALT ADDITION TO THE EXISTING HARDSTAND IN ACCORDANCE WITH PLANS
PREVIOUSLY APPROVED BY THE OFFICER IN CHARGE OF CONSTRUCTION, NAVAL
FACILITIES ENGINEERING COMMAND CONTRACTS, MID PACIFIC, (HEREINAFTER
CALLED "THE OICC MIDPAC") WHOSE MAILING ADDRESS IS FPO SAN FRANCISCO
96610 AND WHOSE LOCAL REPRESENTATIVE FOR THE PURPOSES OF THIS AGREEMENT
IS THE RESIDENT OFFICER IN CHARGE OF CONSTRUCTION, NAVAL FACILITIES
ENGINEERING COMMAND CONTRACTS, CHRISTCHURCH NEW ZEALAND WHOSE MAILING
ADDRESS IS C/O DETACHMENT ONE, U.S. NAVAL SUPPORT FORCE, ANTARCTICA, FPO
SAN FRANCISCO 96690 (CHRISTCHURCH INTERNATIONAL AIRPORT, CHRISTCHURCH,
NEW ZEALAND).
THIS AGREEMENT IS SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS:
1.(A) FOR THE PERFORMANCE OF THIS AGREEMENT, THE UNITED STATES WILL
REIMBURSE THE CITY 50% OF THE DIRECT COST OF THE AIRPORT AUTHORITY OF
PLANNING AND CONSTRUCTION OF THE RELOCATED FUELING FACILITY (HEREINAFTER
REFERRED TO AS "ALLOWABLE COST") DETERMINED BY THE OICC MIDPAC TO BE
REASONABLE AND PROPERLY ALLOCABLE TO THAT WORK; PROVIDED, HOWEVER, THAT
IN NO EVENT SHALL THE UNITED STATES BE OBLIGATED TO REIMBURSE THE CITY
MORE THAN $18,200.00 (UNITED STATES CURRENCY).
(B) ONCE EACH MONTH (OR AT MORE FREQUENT INTERVALS, IF APPROVED BY
THE OICC MIDPAC), THE CITY MAY SUBMIT TO THE LOCAL REPRESENTATIVE OF THE
OICC MIDPAC, IN SUCH FORM AND REASONABLE DETAIL AS SUCH REPRESENTATIVE
MAY REQUIRE, AN INVOICE OR PUBLIC VOUCHER SUPPORTED BY A STATEMENT OF
COST INCURRED BY THE CITY IN THE PERFORMANCE OF THIS AGREEMENT AND
CLAIMED TO CONSTITUTE ALLOWABLE COST.
(C) PROMPTLY AFTER RECEIPT OF EACH INVOICE OR VOUCHER AND STATEMENT
OF COST, THE UNITED STATES SHALL, EXCEPT AS OTHERWISE PROVIDED IN THIS
AGREEMENT, SUBJECT TO THE PROVISIONS OF (D) BELOW, MAKE PAYMENT THEREON
AS APPROVED BY THE OICC MIDPAC. AFTER PAYMENT OF $14,560.00, THE OICC
MIDPAC MAY WITHHOLD FURTHER PAYMENT OF ALLOWABLE COST UNTIL A RESERVE
SHALL HAVE BEEN SET ASIDE IN AN AMOUNT WHICH HE CONSIDERS NECESSARY TO
PROTECT THE INTERESTS OF THE UNITED STATES, BUT SUCH RESERVE SHALL NOT
EXCEED $182.00.
(D) AT ANY TIME OR TIMES PRIOR TO FINAL PAYMENT UNDER THIS AGREEMENT,
THE OICC MIDPAC MAY HAVE THE INVOICES OR VOUCHERS AND STATEMENTS OF COST
AUDITED. EACH PAYMENT THERETOFORE MADE SHALL BE SUBJECT TO REDUCTION
FOR AMOUNTS INCLUDED IN THE RELATED INVOICE OR VOUCHER WHICH ARE FOUND
BY THE OICC MIDPAC, ON THE BASIS OF SUCH AUDIT, NOT TO CONSTITUTE
ALLOWABLE COST. ANY PAYMENT MAY BE REDUCED FOR OVER-PAYMENTS, OR
INCREASED FOR UNDERPAYMENTS, ON PRECEDING INVOICES OR VOUCHERS.
(E) ON RECEIPT AND APPROVAL OF THE INVOICE OR VOUCHER DESIGNATED BY
THE CITY AS THE "COMPLETION INVOICE" OR "COMPLETION VOUCHER" AND UPON
COMPLIANCE BY THE CITY WITH ALL THE PROVISIONS OF THIS AGREEMENT
(INCLUDING, WITHOUT LIMITATION, THE PROVISIONS OF (F) BELOW), THE UNITED
STATES SHALL PROMPTLY PAY TO THE CITY ANY BALANCE OF ALLOWABLE COST
WHICH HAS BEEN WITHHELD PURSUANT TO (C) ABOVE OR OTHERWISE NOT PAID TO
THE CITY. THE COMPLETION INVOICE OR VOUCHER SHALL BE SUBMITTED BY THE
CITY PROMPTLY FOLLOWING COMPLETION OF THE WORK UNDER THIS AGREEMENT BUT
IN NO EVENT LATER THAN ONE (1) YEAR (OR SUCH LONGER PERIOD AS THE OICC
MIDPAC MAY IN HIS DESCRETION APPROVE IN WRITING) FROM THE DATE OF SUCH
COMPLETION.
(F) THE CITY AGREES THAT ANY REFUNDS, REBATES, CREDITS, OR OTHER
AMOUNTS (INCLUDING ANY INTEREST THEREON) ACCRUING TO OR RECEIVED BY THE
CITY OR ANY ASSIGNEE UNDER THIS AGREEMENT SHALL BE PAID BY THE CITY TO
THE UNITED STATES, TO THE EXTENT THAT THEY ARE PROPERLY ALLOCABLE TO
COSTS FOR WHICH THE CITY HAS BEEN REIMBURSED BY THE UNITED STATES UNDER
THIS AGREEMENT. REASONABLE EXPENSES INCURRED BY THE CITY FOR THE
PURPOSE OF SECURING SUCH REFUNDS, REBATES, CREDITS, OR OTHER AMOUNTS
SHALL BE ALLOWABLE COSTS HEREUNDER WHEN APPROVED BY THE OICC MIDPAC.
PRIOR TO FINAL PAYMENT UNDER THIS AGREEMENT, THE CITY AND EACH ASSIGNEE
UNDER THIS AGREEMENT WHOSE ASSIGNMENT IS IN EFFECT AT THE TIME OF FINAL
PAYMENT UNDER THIS AGREEMENT SHALL EXECUTE AND DELIVER:
(I) AN ASSIGNMENT TO THE UNITED STATES, IN FORM AND SUBSTANCE
SATISFACTORY TO THE OICC MIDPAC, OF REFUNDS, REBATES, CREDITS, OR OTHER
AMOUNTS (INCLUDING ANY INTEREST THEREON) PROPERLY ALLOCABLE TO COSTS FOR
WHICH THE CITY HAS BEEN REIMBURSED BY THE UNITED STATES UNDER THIS
AGREEMENT; AND
(II) A RELEASE DISCHARGING THE UNITED STATES, ITS OFFICERS, AGENTS,
AND EMPLOYEES FROM ALL LIABILITIES, OBLIGATIONS, AND CLAIMS ARISING OUT
OF OR UNDER THIS AGREEMENT, SUBJECT ONLY TO EXCEPTIONS FOR SPECIFIED
CLAIMS IN STATED AMOUNTS OR IN ESTIMATED AMOUNTS WHERE THE AMOUNTS ARE
NOT SUSCEPTIBLE OF EXACT STATEMENT BY THE CITY.
2. ALL PAYMENTS TO THE CITY UNDER THIS AGREEMENT SHALL BE BY UNITED
STATES TREASURY CHECK PAYABLE IN UNITED STATES CURRENCY TO "THE CITY
TREASURER" AND MAILED TO THE CHRISTCHRUCH CITY COUNCIL, POST OFFICE BOX
237, CHRISTCHURCH, NEW ZEALAND.
3. THE CITY SHALL BE RESPONSIBLE FOR PLANNING AND ADMINISTERING THE
CONSTRUCTION OF THE RELOCATED FUELING FACILITY. CONSTRUCTION SHALL
COMMENCE NOT LATER THAN 30 JUNE 1970 AND BE COMPLETED NOT LATER THAN 30
SEPTEMBER 1970. THE CITY SHALL ARRANGE FOR AN EXPERIENCED AND SUITABLE
FUEL OPERATOR TO INSTALL AND MAINTAIN ON THE ADDITIONAL HARDSTAND, AN
ADEQUATE AIRCRAFT FUELING SYSTEM.
4. THE ADDITIONAL HARDSTAND CONTAINING THE FUELING FACILITY SHALL BE
THE PROPERTY OF THE CITY, AND THE CITY SHALL MAINTAIN IT IN GOOD
CONDITION AT ALL TIMES AND SHALL PROMPTLY MAKE ALL REPAIRS THERETO WHICH
MAY BE NECESSARY FOR ITS PRESERVATION AND CONTINUED OPERATION. THE CITY
SHALL NOT BE LIABLE TO REPAIR DAMAGE TO THE HARDSTAND CAUSED BY THE
NEGLIGENCE OF THE FUEL OPERATOR BUT SHALL DO ITS BEST TO ENSURE THAT THE
OPERATOR IMMEDIATELY REPAIRS THE DAMAGE AT ITS COST.
5. (A) (1) THE CITY AGREES TO MAINTAIN BOOKS, RECORDS, DOCUMENTS, AND
OTHER EVIDENCE PERTAINING TO THE COSTS AND EXPENSES OF THIS AGREEMENT
(HEREINAFTER COLLECTIVELY CALLED THE "RECORDS") TO THE EXTENT AND IN
SUCH DETAIL AS WILL PROPERLY REFLECT ALL NET COSTS OF LABOR, MATERIALS,
EQUIPMENT, SUPPLIES AND SERVICES, AND OTHER COSTS AND EXPENSES OF
WHATEVER NATURE FOR WHICH REIMBURSEMENT IS CLAIMED UNDER THE PROVISIONS
OF THIS AGREEMENT.
(2) THE CITY AGREES TO MAKE AVAILABLE AT THE OFFICE OF THE CITY AT
ALL REASONABLE TIMES DURING THE PERIOD SET FORTH IN SUB-PARAGRAPH (3)
BELOW ANY BOOKS, DOCUMENTS, PAPERS, OR RECORDS OF THE CITY, THAT
DIRECTLY PERTAIN TO AND INVOLVE TRANSACTIONS RELATING TO THIS AGREEMENT
OR SUBCONTRACTS HEREUNDER FOR INSPECTION, AUDIT OR REPRODUCTION BY ANY
AUTHORIZED REPRESENTATIVE OF THE COMPTROLLER GENERAL OF THE UNITED
STATES.
(3) THE CITY SHALL PRESERVE AND MAKE AVAILABLE ITS RECORDS (I) UNTIL
EXPIRATION OF THREE YEARS AFTER FINAL PAYMENT UNDER THIS AGREEMENT; AND
(II) FOR SUCH LONGER PERIOD, IF ANY, AS IS REQUIRED BY APPLICABLE
STATUTE, BY ANY OTHER CLAUSE OF THIS AGREEMENT, OR BY (A) OR (B) BELOW.
(A) IF THIS AGREEMENT IS COMPLETELY OR PARTIALLY TERMINATED, THE
RECORDS RELATING TO THE WORK TERMINATED SHALL BE PRESERVED AND MADE
AVAILABLE UNTIL EXPIRATION OF THREE YEARS FROM THE DATE OF ANY RESULTING
FINAL SETTLEMENT.
(B) RECORDS WHICH RELATE TO (I) LITIGATION OR THE SETTLEMENT OF
CLAIMS ARISING OUT OF THE PERFORMANCE OF THIS AGREEMENT, OR (II) COST
AND EXPENSES OF THIS AGREEMENT AS TO WHICH EXCEPTION HAS BEEN TAKEN BY
THE COMPTROLLER GENERAL OR ANY OF HIS DULY AUTHORIZED REPRESENTATIVES,
SHALL BE RETAINED BY THE CITY UNTIL SUCH APPEALS, LITIGATION, CLAIMS, OR
EXCEPTIONS HAVE BEEN DISPOSED OF.
(4) EXCEPT FOR THE RECORDS DESCRIBED IN SUB-PARAGRAPH (3) (B) ABOVE,
THE CITY MAY IN FULFILLMENT OF ITS OBLIGATION TO RETAIN ITS RECORDS AS
REQUIRED BY THIS CLAUSE SUBSTITUTE PHOTOGRAPHS, MICROPHOTOGRAPHS, OR
OTHER AUTHENTIC REPRODUCTIONS OF SUCH RECORDS, AFTER THE EXPIRATION OF
TWO YEARS FOLLOWING THE LAST DAY OF THE MONTH OF REIMBURSEMENT TO THE
CITY OF THE INVOICE OR VOUCHER TO WHICH SUCH RECORDS RELATE, UNLESS A
SHORTER PERIOD IS AUTHORIZED BY THE OICC MIDPAC WITH THE CONCURRENCE OF
THE COMPTROLLER GENERAL OR HIS DULY AUTHORIZED REPRESENTATIVE.
(5) THE PROVISIONS OF THIS PARAGRAPH (A), INCLUDING THIS
SUB-PARAGRAPH (5), SHALL BE APPLICABLE TO AND INCLUDED IN EACH
SUBCONTRACT HEREUNDER WHICH IS ON A COST, COST-PLUS-A-FIXED-FREE,
TIME-AND-MATERIAL OR LABOR-HOUR BASIS.
(B) THE CITY FURTHER AGREES TO INCLUDE IN EACH OF ITS SUBCONTRACTS
HEREUNDER, OTHER THAN THOSE SET FORTH IN SUBPARAGRAPH (A)(5) ABOVE, A
PROVISION TO THE EFFECT THAT THE SUBCONTRACTOR AGREES THAT THE
COMPTROLLER GENERAL OR ANY OF HIS DULY AUTHORIZED REPRESENTATIVES,
SHALL, UNTIL THE EXPIRATION OF THREE YEARS AFTER FINAL PAYMENT UNDER THE
SUBCONTRACT, HAVE ACCESS TO AND THE RIGHT TO EXAMINE ANY BOOKS,
DOCUMENTS, PAPERS, AND RECORDS OF SUCH SUBCONTRACTOR THAT DIRECTLY
PERTAIN TO, AND INVOLVE TRANSACTIONS RELATING TO THE SUBCONTRACT. THE
TERM "SUBCONTRACT", AS USED IN THIS PARAGRAPH (B) ONLY, EXCLUDES (I)
PURCHASE ORDERS NOT EXCEEDING $2,500 AND (II) SUBCONTRACTS OR PURCHASE
ORDERS FOR PUBLIC UTILITY SERVICES AT RATES ESTABLISHED FOR UNIFORM
APPLICABILITY TO THE GENERAL PUBLIC.
6. NO MEMBER OF OR DELEGATE TO THE UNITED STATES CONGRESS, OR
RESIDENT COMMISSIONER, SHALL BE ADMITTED TO ANY SHARE OR PART OF THIS
AGREEMENT, OR TO ANY BENEFIT THAT MAY ARISE THEREFROM; BUT THIS
PROVISION SHALL NOT BE CONSTRUED TO EXTEND TO THIS AGREEMENT IF MADE
WITH A CORPORATION FOR ITS GENERAL BENEFIT.
7. THE CITY WARRANTS THAT NO PERSON OR SELLING AGENCY HAS BEEN
EMPLOYED OR RETAINED TO SOLICIT OR SECURE THIS AGREEMENT UPON AN
AGREEMENT OR UNDERSTANDING FOR COMMISSION, PERCENTAGE, BROKERAGE, OR
CONTINGENT FEE, EXCEPTING BONA FIDE EMPLOYEES OR BONA FIDE ESTABLISHED
COMMERCIAL OR SELLING AGENCIES MAINTAINED BY THE CITY FOR THE PURPOSES
OF SECURING BUSINESS. FOR BREACH OR VIOLATION OF THIS WARRANTY THE
UNITED STATES SHALL HAVE THE RIGHT TO ANNUL THIS AGREEMENT WITHOUT
LIABILITY OR IN ITS DISCRETION, TO DEDUCT FROM THE REIMBURSEMENT AMOUNT
OR CONSIDERATION, OR OTHERWISE RECOVER, THE FULL AMOUNT OF SUCH
COMMISSION, PERCENTAGE, BROKERAGE OR CONTINGENT FEE.
8. THE UNITED STATES MAY, BY WRITTEN NOTICE TO THE CITY TERMINATE
THE RIGHTS OF THE CITY UNDER THIS AGREEMENT IF IT IS FOUND, AFTER NOTICE
AND HEARING, BY THE SECRETARY OF THE UNITED STATES NAVY OR HIS DULY
AUTHORISED REPRESENTATIVE, THAT GRATUITIES (IN THE FORM OF
ENTERTAINMENT, GIFTS, OR OTHERWISE) WERE OFFERED OR GIVEN BY THE CITY TO
ANY OFFICER OR EMPLOYEE OF THE UNITED STATES WITH A VIEW TOWARD SECURING
AN AGREEMENT OR SECURING FAVORABLE TREATMENT WITH RESPECT TO THE
AWARDING OR AMENDMENT, OR THE MAKING OF ANY DETERMINATIONS WITH RESPECT
TO THE PERFORMING OF SUCH AGREEMENT, PROVIDED THAT THE EXISTENCE OF THE
FACTS UPON WHICH THE SECRETARY OR HIS DULY AUTHORISED REPRESENTATIVE
MAKES SUCH FINDINGS SHALL BE IN ISSUE AND MAY BE REVIEWED IN ANY
COMPETENT COURT. IN THE EVENT THIS AGREEMENT IS SO TERMINATED THE
UNITED STATES SHALL BE ENTITLED - (I) TO PURSUE THE SAME REMEDIES
AGAINST THE CITY AS IT COULD PURSUE IN THE EVENT OF A BREACH OF THE
CONTRACT BY THE CITY, AND (II) AS A PENALTY IN ADDITION TO ANY OTHER
DAMAGES TO WHICH IT MAY BE ENTITLED BY LAW, TO EXEMPLARY DAMAGES IN AN
AMOUNT (AS DETERMINED BY THE SECRETARY OR HIS DULY AUTHORISED
REPRESENTATIVE) WHICH SHALL NOT BE LESS THAN THREE OR MORE THAN TEN
TIMES THE COSTS INCURRED BY THE CITY IN PROVIDING SUCH GRATUITIES TO ANY
SUCH OFFICER OR EMPLOYEE. THE RIGHTS AND REMEDIES OF THE UNITED STATES
PROVIDED IN THIS CLAUSE SHALL NOT BE EXCLUSIVE AND ARE IN ADDITION TO
ANY OTHER RIGHTS AND REMEDIES PROVIDED IN LAW OR UNDER THIS AGREEMENT.
9. ANY RIGHTS TO USE THE AIRCRAFT FUELING FACILITY AND OTHER COMMON
USE FACILITIES AT CHRISTCHURCH INTERNATIONAL AIRPORT WHICH MAY ACCRUE TO
THE UNITED STATES UNDER THIS AGREEMENT SHALL ABSOLUTELY CEASE AND
DETERMINE UPON THE PERMANENT ABANDONING OF SAID AIRPORT AS AN AIR
TERMINAL SERVING SCHEDULED AIRLINES AND OR UPON THE LAWFUL ASSUMPTION BY
THE GOVERNMENT OF NEW ZEALAND OR ANY AUTHORISED AGENCY THEREOF OF THE
OPERATION, CONTROL OR USE OF THE SAID AIRPORT OR ANY SUBSTANTIAL PART OR
PARTS THEREOF IN SUCH MANNER AS SUBSTANTIALLY TO RESTRICT THE USE OF
SAID FACILITIES FOR UNITED STATES GOVERNMENTAL PURPOSES AND THEIR
ASSOCIATED SUPPORT.
IN WITNESS WHEREOF THESE PRESENTS HAVE BEEN EXECUTED AS OF THE DAY
AND YEAR FIRST BEFORE WRITTEN.
THE COMMON SEAL OF THE MAYOR
COUNCILLORS AND CITIZENS OF
THE CITY OF CHRISTCHURCH WAS
HERETO AFFIXED BY AND IN THE
PRESENCE OF: (SIGNATURE OMITTED)
MAYOR (SIGNATURE OMITTED)
TOWN CLERK
UNITED STATES OF AMERICA
BY (SIGNATURE OMITTED)
BY DIRECTION OF THE COMMANDER, NAVAL
FACILITIES ENGINEERING COMMAND.
I, MAURICE BERNARD HAYES CERTIFY THAT I AM THE TOWN CLERK OF THE
CORPORATION NAMED IN THE ATTACHED AGREEMENT; THAT ALBERT RONALD GUTHERY
AND MYSELF WHO AFFIXED THE SEAL TO THE SAID AGREEMENT ON BEHALF OF THE
CORPORATION, WERE THEN THE MAYOR AND TOWN CLERK OF SAID CORPORATION;
THAT SAID AGREEMENT WAS DULY SIGNED FOR AND ON BEHALF OF SAID
CORPORATION BY ITS AUTHORITY AND IS WITHIN THE SCOPE OF ITS CORPORATE
POWERS.
APPROPRIATION AND ACCOUNTING DATA
PROCUREMENT INSTRUMENT IDENTIFICATION NO. N62471-70-C-0348
PAYMENT WILL BE MADE BY: DETACHMENT ONE, U.S. NAVAL SUPPORT FORCE,
ANTARCTICA, FPO SAN FRANCISCO 96690 (CHRISTCHURCH INTERNATIONAL AIRPORT,
CHRISTCHURCH, NEW ZEALAND)
COST: NOT TO EXCEED $18,200.00 UNITED STATES CURRENCY
APPROPRIATION: 1701804.602A
BUREAU CONTROL NO: 00060P
AUTHORIZATION ACCOUNTING ACTIVITY: 60951
TRANSACTION TYPE: 2D
COST CODE: V/55291/II
RCP NO: 70-70
KOREA, REPUBLIC OF 25 AUG 1976 FLITE DOCUMENT NO. 7950078
MEMORANDUM OF UNDERSTANDING EXECUTED 30 JUNE AND 25 AUGUST 1976.
MEMORANDUM OF UNDERSTANDING REGARDING PROVIDING QUARTERLY
PHYSIOLOGICAL TRAINING REFRESHER COURSES TO USAF AIRCREW PERSONNEL AT
THE AEROMEDICAL RESEARCH CENTER, SEOUL, KOREA.
2. SCHEDULES FOR TRAINING WILL BE AS MUTUALLY AGREEABLE TO THE
REPUBLIC OF KOREA AIR FORCE AND THE UNITED STATES AIR FORCE.
3. THE REPUBLIC OF KOREA AIR FORCE WILL NOT BE RESPONSIBLE FOR
ADVERSE REACTIONS DURING CHAMBER FLIGHTS.
4. THIS UNDERSTANDING IS EFFECTIVE 25 AUG 1976 FOR A PERIOD OF ONE
YEAR AND IS SUBJECT TO AN ANNUAL, JOINT REVIEW. THIRTY DAYS ADVANCE
NOTICE BY EITHER PARTY SHALL BE REQUIRED FOR TERMINATION. (SIGNATURE
OMITTED)
(SIGNATURE)
BRIG. GEN. KYONG WHA PARK
REPUBLIC OF KOREA AIR FORCE
DATE 1976.6.30 (SIGNATURE OMITTED)
(SIGNATURE)
DON D. PITTMAN, MAJ GEN,
COMMANDER, AIR FORCES KOREA/
314TH AIR DIVISION
DATE 25 AUGUST 1976
DISTRIBUTION:
1 - HQ, PACAF/LGX, APO 96553
1 - HQ, 5AF/LGX, APO 96328
1 - HQ, PACAF/SG, APO 96553
1 - HQ, USAF/SGPA, APO 20314
2 - 15TH PHYSL TNG FLT/SGT, APO 96239
3 - JUSMAG-K/MKAF, APO 96302
5 - USAF HOSPITAL OSAN(PACAF)/SG, APO 96570
2 - 51COMPW/LGX, APO 96570
5 - 8TFW/LGX, APO 96264
2 - 6168TH ABS, APO 96213
2 - 6171ST ABS, APO 96324
2 - 314AD/LGX, APO 96301
10 - 314AD/JA, APO 96301
KOREA, REPUBLIC OF 17 AUG 1976 FLITE DOCUMENT NO. 7950077
EXCHANGE OF LETTERS EXECUTED 21 JULY, 9 AUGUST AND 17 AUGUST 1976.
EXCHANGE OF LETTERS REGARDING FAMILY HOUSING, OSAN AB, KOREA.
(SEAL OMITTED)
DE
FAMILY HOUSING, OSAN AB, KOREA
BGEN YOO, ONG SUP
DIRECTOR OF CIVIL ENGINEERING, ROKAF
SOUL, KOREA
1. THANK YOU FOR YOUR LETTER OF 9 AUGUST 1976 CONCERNING FAMILY
HOUSING FOR OSAN AIR BASE. IT IS AGREED THAT CONSTRUCTION MAY BEGIN ON
24 AUGUST 1976 UNDER THE CONDITIONS THAT YOU HAVE OUTLINED.
2. I THINK IT IMPORTANT TO RECORD OUR UNDERSTANDING THAT THIS
GENEROUS GIFT FROM PRESIDENT PARK CONSISTS OF HOUSING GRANTED FOR USE BY
THE USAFK AT OSAN AIR BASE AND FOR WHICH THE USAFK WILL BE EXCLUSIVELY
RESPONSIBLE FOR THE MAINTENANCE AND ADMINISTRATION.
3. UNLESS WE HEAR FROM YOU TO THE CONTRARY, THE USAFK WILL CONSIDER
THAT THESE CONDITIONS ARE AGREED UPON. FURTHER, IF YOU DO NOT OBJECT, I
WILL FORWARD COPIES OF OUR CORRESPONDENCE TO THE SOFA JOINT COMMITTEE
FOR INCLUSION IN THEIR FILES.
4. WE ARE MOST GRATEFUL TO PRESIDENT PARK FOR HIS SUPPORT, AND WE
LOOK FORWARD TO A CONTINUED CLOSE WORKING RELATIONSHIP WITH YOUR OFFICE.
(SIGNATURE OMITTED)
DAVID M. CORNELL, LT COL, USAF
BASE CIVIL ENGINEER (LINE ILLEGIBLE)
SUBJECT FAMILY HOUSING, OSAN AB, KOREA
TO DIRECTOR OF CIVIL ENGINEERING
314TH AIR DIVISION
1. REFERENCE IS MADE TO THE LETTER DATED 21 JUL 76, SUBJ: FAMILY
HOUSING, OSAN AB, KOREA.
2. IT IS VERY GRATEFUL TO ACKNOWLEDGE OFFICIALLY THE FAMILY HOUSING
GIVEN BY THE PRESIDENT PARK AT OSAN AB HAVING BEEN PROPELLED DURING LAST
FEW MONTHS.
3. THE CONSTRUCTION OF TWO HOUSING COMPLEX WHICH CONSIST OF SIX
THREE BEDROOM UNITS AND FOUR TWO BEDROOM UNITS WILL BE BEGAN FROM ON OR
ABOUT 25 AUG, 1976 FOR US AIR FORCES KOREA FAMILIES AT THE AREA YOU
RECOMMENDED.
AS YOU EXAMINED THE DRAWING, THE UNITS ARE ALL 50 PYANG GROSS. THEY
WILL BE PROVIDED WITH HEATING SYSTEM INCLUDING BOILER ROOM AND KITCHEN
WITHOUT EQUIPMENT. ROOM WILL BE FINISHED AVAILABLE TO YOUR INSTALLATION
OF CARPETING. BUT OTHER KITCHEN UNIT, FURNITURE, LAUNDRY EQUIPMENT AND
CURTAIN WILL NOT BE FURNISHED.
4. REQUEST ESTABLISHING THE EARTH WORK BEFORE BEGINNING THE
CONSTRUCTION AND LATER YOUR EXTENSION OF UTILITIES UP TO FIVE FOOT OF
MAIN BUILDINGS FOR ROKAF CONNECTIONS. (FURNISHES SECONDARY ELECTRIC TO
THE ELECTRIC POLE NEAR THE BUILDINGS, WATER SUPPLY LINE TO BOILERROOM
FROM THEIR SOURCES AND SEWER LINE TO FIVE FOOT OF THE BUILDING LINE).
5. IN ADDITION, I SUGGEST TO MAKE AN AGREEMENT FOR MAINTENANCE,
REPAIR AND RENT OF THE BUILDINGS BETWEEN THE OFFICERS OF AFFAIRS BEFORE
COMPLETION OF THE CONSTRUCTION AND PLEASE GIVE US YOUR NOTICE FOR
PROCEEDING.
FOR THE CHIEF OF STAFF (SIGNATURE OMITTED)
BC. YOO, ONC SUP
DIRECTOR OF CIVIL ENGINEER, ROKAF
SEOUL, KOREA
DE
FAMILY HOUSING, OSAN AB, KOREA
GENERAL CHOO YOUNG BOCK
CHIEF OF STAFF
REPUBLIC OF KOREA AIR FORCE
SEOUL, KOREA
1. REFERENCE THE PRESENTATION OF FAMILY HOUSING UNITS AT OSAN AB BY
PRESIDENT PARK. THE UNITED STATES AIR FORCE WILL REQUIRE AS (WORDS
ILLEGIBLE) UNITS AS POSSIBLE OF FAMILY HOUSING, UP TO A MAXIMUM OF 12
UNITS, AS (WORD ILLEGIBLE) BE PROVIDED WITHIN THE LIMITATIONS
ESTABLISHED FOR THE PROJECT. WE WILL REQUIRE FOUR UNITS OF THE TWO
BEDROOM DESIGN AND THE REMAINDER OF THE UNITS SHOULD BE OF THE THREE
BEDROOM DESIGN. TWO TWO BEDROOM UNITS AND TWO THREE BEDROOM UNITS WILL
BE SITED IN THE PREVIOUSLY DESIGNATED LOCATION ON (WORD ILLEGIBLE) 180.
THE REMAINING UNITS WILL BE SITED IN THE OTHER DESIGNATED LOCATION,
ADJACENT TO BUILDINGS 431, 432, AND 433.
2. REQUEST YOUR CONFIRMATION OF TOTAL NUMBER OF UNITS WHICH CAN BE
OBTAINED WITHIN THE ESTABLISHED LIMITATIONS. WE WILL PROVIDE FINAL
(WORD ILLEGIBLE) UPON NOTIFICATION OF TOTAL NUMBER OF UNITS.
FOR THE COMMANDER . . .
ROBERT L. KLINGENSMITH, COLONEL, USAF
DIRECTOR OF CIVIL ENGINEERING
KOREA, REPUBLIC OF 20 JUL 1976 FLITE DOCUMENT NO. 7950076
MAPPING, CHARTING AND GEODESY ARRANGEMENT EXECUTED 20 JULY 1976.
ARRANGEMENT TO ESTABLISH COOPERATION IN MAPPING, CHARTING, AND
GEODESY ACTIVITIES IN SUPPORT OF MUTUAL DEFENSE INTERESTS.
ARRANGEMENT SUPERSEDES KOREAN-AMERICAN COOPERATIVE MAPPING AND MAP
EXCHANGE AGREEMENT OF 26 JANUARY 1956.
THE PURPOSE OF THIS DOCUMENT IS TO ESTABLISH AN ARRANGEMENT BETWEEN
THE DEFENSE MAPPING AGENCY FOR THE UNITED STATES DEPARTMENT OF DEFENSE
AND THE INTELLIGENCE BUREAU OF JCS FOR THE MINISTRY OF NATIONAL DEFENSE,
KOREA, CONCERNING COOPERATION IN MAPPING, CHARTING, AND GEODESY
ACTIVITIES IN SUPPORT OF MUTUAL DEFENSE INTERESTS.
THE OBJECTIVES OF THIS ARRANGEMENT ARE:
A. TO PROVIDE MAPS, CHARTS, GEODETIC DATA, GEOPHYSICAL DATA, AND
RELATED PRODUCTS TO MEET MILITARY REQUIREMENTS OF AGREED MUTUAL CONCERN.
B. TO OUTLINE COOPERATIVE PROGRAMS AND TECHNICAL ARRANGEMENTS BY
MUTUAL AGREEMENT BETWEEN AGENCIES DESIGNATED FOR THIS PURPOSE.
1. THE TWO AGENCIES SHALL EXCHANGE ON A QUID-PRO-QUO BASIS INSOFAR
AS PRACTICABLE CARTOGRAPHIC, GEODETIC, PHOTOGRAPHIC, GEOGRAPHIC,
GEOPHYSICAL, AND AERONAUTICAL DATA, IN ACCORDANCE WITH ARRANGEMENTS SET
FORTH IN ANNEXES A, B AND C HERETO WHICH ARE MADE A PART HEREOF.
2. EACH AGENCY WILL KEEP THE OTHER FULLY INFORMED CONCERNING ITS
REVISION, REPLACEMENT OR REMAPPING PLANS OF ANY OF THE KOREAN MAP
SERIES. THERE WILL BE CONTINUING EXCHANGE OF PERIODIC PROGRESS REPORTS
RELATING TO MAPPING OF KOREA. RELATIVE PRIORITY OF AREAS FOR COMPILING
OR REVISING MAPS OF KOREA WILL BE MUTUALLY COORDINATED.
3. REQUESTS FOR AND EXCHANGE OF MATERIALS AND INFORMATION WILL
NORMALLY BE MADE THROUGH THE AGENCIES IDENTIFIED AS BASICALLY
RESPONSIBLE FOR THE TYPES OF MATERIALS BEING SOUGHT OR EXCHANGED.
4. ARRANGEMENTS WILL BE MADE FOR RECORDING AND REVIEWING THE
EXCHANGE OF MATERIALS BETWEEN THE SEPARATE AGENCIES AND ADJUSTMENTS WILL
BE MADE AS APPROPRIATE TO ACHIEVE THE OBJECTIVES OF A QUID-PRO-QUO
BALANCE WITHIN THE OVERALL ARRANGEMENT.
1. IT IS UNDERSTOOD THAT ANY ACTION TAKEN BY EITHER AGENCY PURSUANT
TO THIS ARRANGEMENT SHALL BE SUBJECT TO THE AVAILABILITY TO THAT AGENCY
OF NECESSARY RESOURCES AS WELL AS TO ANY RESTRICTIONS AFFECTING RELEASE
AND AVAILABILITY OF MATERIALS TO BE EXCHANGED.
2. EITHER AGENCY MAY REPRODUCE PRODUCTS FROM THE MATERIALS PROVIDED
BY THE OTHER AGENCY SOLELY FOR OFFICIAL USE.
3. UNCLASSIFIED MATERIAL, AND/OR CLASSIFIED MATERIAL IMPRINTED WITH
RELEASE AUTHORIZATION, WILL BE EXCHANGED AUTOMATICALLY AS SET FORTH IN
ANNEXES A, B AND C. CLASSIFIED MATERIAL, NOT SPECIFICALLY DESIGNATED
FOR RELEASE BY IMPRINTED EXCEPTION ON THE MATERIAL ITSELF, IS ELIGIBLE
FOR EXCHANGE CONSIDERATION BASED ON DOCUMENTED REQUEST. CLASSIFICATION
SHALL BE HELD TO A MINIMUM COMMENSURATE WITH THE NEED FOR SECURITY AND
THE GENERAL INTENTION IS TO AVOID CLASSIFYING MAPS OR CHARTS AT SCALES
1:250,000 AND SMALLER.
4. REQUESTS FOR MATERIALS COVERED BY "THIRD NATION" RESTRICTIONS
MUST BE ACCOMPANIED BY WRITTEN AUTHORIZATION FROM THE COUNTRY IMPOSING
THE RESTRICTION.
5. MATERIALS OR INFORMATION RECEIVED UNDER THIS ARRANGEMENT WILL NOT
BE RELEASED TO OTHER GOVERNMENTS AND NON-GOVERNMENTAL PARTIES. SUCH
REQUESTERS WILL BE REFERRED TO THE RESPONSIBLE SOURCE AGENCY.
6. THE SPECIFIC RESPONSIBILITIES OF EACH AGENCY IN THE COOPERATIVE
PROGRAM AND THE IMPLEMENTING DETAILS OF THIS ARRANGEMENT SHALL BE AS
DETERMINED BY THE FOLLOWING AGENCIES.
A. THE DEFENSE MAPPING AGENCY (DMA) IS THE PRINCIPAL U.S. AGENT,
INITIAL POINT OF CONTACT ON ALL CARTOGRAPHIC MATTERS RELATING TO DEFENSE
INFORMATION AND MATERIALS AND SHALL HAVE OVERALL RESPONSIBILITY FOR THE
ARRANGEMENT, INCLUDING POLICY AND THE ASSIGNMENT OF FUNCTIONS AMONG U.S.
PARTICIPANTS.
B. IN THE EVENT OF AN UNFORESEEN EMERGENCY, THE DIRECTOR, U.S.
DEFENSE MAPPING AGENCY MAY PROVIDE ANY DIRECT OR INDIRECT MAPPING
ASSISTANCE TO THE REPUBLIC OF KOREA MILITARY INCLUDING EQUIPMENT,
SUPPLIES OR SERVICES.
C. THE DMA AGENCIES LISTED BELOW SHALL COORDINATE OPERATIONAL MATTERS
DIRECTLY WITH THEIR COUNTERPART AGENCIES IN ACCORDANCE WITH THIS BASIC
AGREEMENT AND ANNEXES A, B AND C THROUGH CHANNELS SPECIFIED BY THE
DIRECTOR, INTELLIGENCE BUREAU, JCS, MND, KOREA.
(1) THE DMA TOPGRAPHIC CENTER SHALL BE RESPONSIBLE FOR MATTERS IN
CONNECTION WITH LAND MAPPING AND RELATED MATERIALS, AND ACTIVITIES AS
STATED IN ANNEX A.
(2) THE DMA AEROSPACE CENTER SHALL BE RESPONSIBLE FOR MATTERS IN
CONNECTION WITH AERONAUTICAL CHARTING, FLIGHT INFORMATION PUBLICATION,
RELATED DATA, AND ACTIVITIES AS STATED IN ANNEX B.
(3) THE DMA HYDROGRAPHIC CENTER SHALL BE RESPONSIBLE FOR MATTERS IN
CONNECTION WITH HYDROGRAPHIC CHARTING, SAILING INFORMATION PUBLICATIONS,
RELATED DATA AND ACTIVITIES AS STATED IN ANNEX C.
(4) THE ENGINEER US EIGHTH ARMY SHALL BE THE US POINT OF CONTACT IN
KOREA. ROUTINE MATTERS SHALL BE HANDLED DIRECTLY BETWEEN THE DESIGNATED
AGENCIES, BUT THE ENGINEER SHALL BE INVOLVED IN ALL POLICY MATTERS,
CONFERENCES, AND THOSE ACTIONS WHICH CONCERN EIGHTH ARMY REQUIREMENTS.
D. THE DIRECTOR, INTELLIGENCE BUREAU, JCS, MND, KOREA, HAS KOREAN
AUTHORITY AND RESPONSIBILITY UNDER THIS ARRANGEMENT, AND IS CONTACT
AGENT FOR ALL MATTERS RELATED TO SUBJECTS OF THE ARRANGEMENTS.
E. ROUTINE EXCHANGES OF MATERIALS MAY BE MADE BETWEEN THE AGENCIES
DESIGNATED IN ANNEXES A, B AND C.
1. THIS ARRANGEMENT SHALL BE SUBJECT TO REVIEW AT ANY TIME UPON
WRITTEN NOTICE BY EITHER AGENCY TO THE OTHER THAT IT DESIRES TO CONSULT
WITH A VIEW TO SUBSTANTIVE AMENDMENT. ROUTINE MATTERS SUCH AS CHANGES
IN QUANTITIES OR ITEMS TO BE EXCHANGED OR ADDRESSES SHALL BE RESOLVED
BETWEEN THE DESIGNATED AGENCIES.
2. THIS ARRANGEMENT SHALL ENTER INTO FORCE UPON SIGNATURE BY THE
AUTHORIZED REPRESENTATIVES OF BOTH AGENCIES AND SHALL REMAIN IN FORCE
UNTIL ONE YEAR AFTER EITHER OF THE AGENCIES SHALL HAVE NOTIFIED THE
OTHER OF ITS INTENTION TO TERMINATE THE ARRANGEMENT.
3. IN THE EVENT OF CONFLICT BETWEEN THIS BASIC ARRANGEMENT AND
ANNEXES A, B AND C THE BASIC ARRANGEMENT SHALL PREVAIL.
4. THIS AGREEMENT IS PREPARED IN THE ENGLISH LANGUAGE WITH KOREAN
TRANSLATION. QUESTIONS ARISING IN INTERPRETATION SHALL BE RECONCILED BY
BOTH AGENCIES.
THE FOLLOWING AGREEMENT IS SUPERSEDED BY THIS ARRANGEMENT:
KOREAN-AMERICAN COOPERATIVE MAPPING AND MAP EXCHANGE AGREEMENT BETWEEN
THE CHIEF OF ENGINEERS, REPUBLIC OF KOREA ARMY AND THE ENGINEER, UNITED
STATES ARMY FORCES, FAR EAST AND EIGHTH UNITED STATES ARMY, DATED 26
JANUARY 1956.
IN WITNESS WHEREOF THE UNDERSIGNED, DULY AUTHORIZED BY THEIR
AGENCIES, HAVE SIGNED THIS ARRANGEMENT.
DONE AT WASHINGTON, DC, IN DUPLICATE, THIS 20TH DAY OF JULY 1976.
(SIGNATURE OMITTED)
YUN HUNG JYONG
MG KOREA ARMY
DIRECTOR, INTELLIGENCE BUREAU
JOINT CHIEFS OF STAFF
MINISTRY OF NATIONAL DEFENSE,
KOREA (SIGNATURE OMITTED)
S. D. CRAMER, JR.
VADM, USN
DIRECTOR, U.S. DEFENSE MAPPING AGENCY
1. PURPOSE:
THE PURPOSE OF THIS ANNEX IS TO DEFINE ARRANGEMENTS FOR THE EXCHANGE
OF MAPS AND RELATED MATERIALS OF MUTUAL INTEREST BETWEEN UNITED STATES
AND KOREAN MAPPING AGENCIES. THE UNITED STATES AGENCY IS THE DEFENSE
MAPPING AGENCY TOPOGRAPHIC CENTER (DMATC). THE KOREAN AGENCY IS THE
REPUBLIC OF KOREA ARMY MAP SERVICE (ROKAMS). IN FURTHERANCE OF THIS
MUTUAL OBJECTIVE, THE DESIGNATED AGENCIES WILL CONFORM TO THE PROVISIONS
OF THE BASIC ARRANGEMENT AND THE PROCEDURES SET FORTH IN THIS ANNEX.
2. MATERIALS FROM DMATC:
THE DMATC AGREES TO FURNISH ROKAMS, AUTOMATICALLY, THE FOLLOWING
MATERIAL PRODUCED BY DMATC IN THE QUANTITIES NOTED BELOW:
A. MAPS (JOINT US-KOREAN PROGRAMS)
SERIES L 351 - KOREA ROAD MAP 15 COPIES
SERIES L 653 - KOREA 1:100,000 15 COPIES
SERIES L 752 - KOREA 1:50,000 15 COPIES
SERIES L 853 - KOREA 1:25,000 15 COPIES
SERIES L 952 - KOREA CITY PLANS 15 COPIES
SERIES L 953 - KOREA CITY GRAPHICS 15 COPIES
SERIES 1501 - JOG 1:250,000 - 15 COPIES
SERIES 1501P - PRM 1:250,000 - 15 COPIES
B. OTHER MAPS FURNISHED AUTOMATICALLY:
SERIES 1501 - COVERAGE OF THE FOLLOWING AREAS EAST OF 112 DEGREES E
AND SOUTH OF 48 DEGREES N:
CHINA 15 COPIES
JAPAN 15 COPIES
MONGOLIA 15 COPIES
MANCHURIA 15 COPIES
EASTERN SIBERIA 15 COPIES
SERIES L 653S - 1:100,000 KOREA 15 COPIES
C. OTHER MAPS FURNISHED ON REQUEST:
SMALL SCALE MAPS LISTED IN DMA STOCK CATALOG.
D. OTHER PUBLICATIONS:
(1) FIVE COPIES OF THE DMATC MAP EXCHANGE CATALOGUE WITH REVISIONS
AND SUPPLEMENTS AS ISSUED.
(2) TWO COPIES OF THE DMATC PUBLICATIONS EXCHANGE LIST WITH REVISIONS
AND SUPPLEMENTS AS ISSUED.
(3) TWO COPIES EACH OF UNCLASSIFIED TECHNICAL PUBLICATIONS AND
TECHNICAL INSTRUCTIONS AS ISSUED.
(4) FIVE COPIES EACH OF GAZETTEERS AND GLOSSARIES RELATING TO MAPS
SUPPLIED UNDER SUBPARAGRAPH 2.A., ABOVE, AS PUBLISHED.
E. REPRODUCTION MATERIAL:
ONE SET OF REPRODUCTION MATERIAL FOR ALL MAPS DESCRIBED IN PARAGRAPH
2.A., ABOVE, AS PRODUCED.
3. MATERIALS FROM ROKAMS:
ROKAMS AGREES TO FURNISH DMATC, AUTOMATICALLY, THE FOLLOWING MATERIAL
PRODUCED BY KOREAN MILITARY MAPPING AGENCIES:
A. MAPS:
TEN COPIES OF ALL TOPOGRAPHIC MAPS OF KOREA.
B. REPRODUCTION MATERIAL:
ONE SET OF REPRODUCTION MATERIAL FOR ALL MAPS DESCRIBED IN PARAGRAPH
3.A., ABOVE, AS PRODUCED.
C. OTHER PUBLICATIONS:
(1) FIVE COPIES OF THE ROKAMS MAP CATALOGUE WITH REVISIONS AND
SUPPLEMENTS AS ISSUED.
(2) FIVE COPIES EACH OF GAZETTEERS AND GLOSSARIES, BASED ON THE MAPS
DESCRIBED ABOVE, AS ISSUED.
(3) FIVE COPIES OF TECHNICAL PUBLICATIONS, AS ISSUED.
(4) TWO COPIES OF TECHNICAL INSTRUCTIONS, AS ISSUED.
4. ADDITIONAL REQUIREMENTS:
EITHER PARTY WILL SUPPLY TO THE OTHER, ON REQUEST, COPIES OF
RELEASABLE MAPS AND RELATED MATERIALS IN ADDITION TO THE CATEGORIES AND
QUANTITIES SPECIFIED IN PARAGRAPHS 2. AND 3., INCLUDING GEODETIC AND
GEOPHYSICAL DATA AND AERIAL PHOTOGRAPHY.
5. CHANNEL FOR TRANSMITTALS:
A. MATERIALS FURNISHED DMATC WILL BE ADDRESSED TO:
DIRECTOR
DEFENSE MAPPING AGENCY TOPGRAPHIC CENTER
ATTN: CODE 50210
6500 BROOKES LANE
WASHINGTON, D.C. 20315
B. MATERIALS FURNISHED MND WILL BE ADDRESSED TO:
COMMANDING OFFICER
REPUBLIC OF KOREA ARMY MAP SERVICE
PUSAN, KOREA
1. PURPOSE:
THE PURPOSE OF THIS ANNEX IS TO DEFINE ARRANGEMENTS FOR THE QUID PRO
QUO EXCHANGE OF AERONAUTICAL CHARTS AND FLIGHT INFORMATION PUBLICATIONS
AND/OR THE EXCHANGE OF AERONAUTICAL, GRAVIMETRIC, AND TECHNICAL
INFORMATION OF MUTUAL INTEREST BETWEEN UNITED STATES AND KOREAN
PRODUCTION AGENCIES. THE UNITED STATES AGENCY IS THE DMA AEROSPACE
CENTER (DMAAC), AND THE KOREAN AGENCY IS A-2, HEADQUARTERS, ROK AIR
FORCES (ROKAF). IN FURTHERANCE OF THIS MUTUAL OBJECTIVE, THE DESIGNATED
AGENCIES WILL CONFORM TO THE PROVISIONS OF THE BASIC ARRANGEMENT AND
PROCEDURES SET FORTH IN THIS ANNEX.
2. MATERIAL FROM DMAAC:
DMAAC WILL AUTOMATICALLY FURNISH 10 COPIES OF THE FOLLOWING DOD
AERONAUTICAL CHARTS. CURRENT EDITIONS WILL BE PROVIDED INITIALLY.
THEREAFTER, NEW EDITIONS WILL BE PROVIDED AS THEY ARE PUBLISHED.
SERIES 1501 AIR - FOLLOWING COUNTRIES EAST OF 112 DEGREES E AND SOUTH
OF
CHINA JAPAN MONGOLIA MANCHURIA EASTERN SIBERIA
TPC AND ONC - FOR FOLLOWING ONC SHEETS: F-9, F-10, F-11,
JNC - SHEETS 25, 37, 38, AND 54.
3. REPRODUCTION MATERIALS:
UPON REQUEST, DMAAC WILL FURNISH REPRODUCTION MATERIALS (FILM
POSITIVES) FOR DOD AERONAUTICAL CHARTS LISTED IN PARAGRAPH 2.A. ON A
QUID PRO QUO BASIS. THE LETTER OF REQUEST WILL STATE THE ADDRESS TO
WHICH THESE REPRODUCTION MATERIALS ARE TO BE SHIPPED. THE MATERIALS
REQUIRED CAN BE DETERMINED FROM NEW EDITIONS OF CHARTS FURNISHED
AUTOMATICALLY AS SPECIFIED IN PARAGRAPH 2. ABOVE.
4. ADDITIONAL STOCKS OF AERONAUTICAL CHARTS:
DMAAC WILL, AS MUTUALLY ARRANGED, FURNISH ADDITIONAL AERONAUTICAL
CHARTS AND RELATED DATA FOR OPERATIONAL STOCKS, TRAINING, AND SIMILAR
REQUIREMENTS OF THE KOREAN FORCES, AS US STOCKS PERMIT, OR AS MUTUALLY
ARRANGED, ON A QUID PRO QUO BASIS.
5. FLIGHT INFORMATION PUBLICATIONS:
DMAAC WILL AUTOMATICALLY FURNISH 10 COPIES OF THE FOLLOWING US DOD
FLIGHT INFORMATION PUBLICATIONS. CURRENT EDITIONS WILL BE PROVIDED
INITIALLY. THEREAFTER, NEW EDITIONS OR APPLICABLE AMENDMENTS WILL BE
PROVIDED IN LIKE QUANTITIES:
A. ENROUTE LOW/HIGH ALTITUDE CHARTS, PACIFIC AND SOUTH ASIA
B. ENROUTE SUPPLEMENTS, PACIFIC AND SOUTH ASIA
C. TERMINAL INSTRUMENT APPROACH PROCEDURES, LOW/HIGH ALTITUDE,
PACIFIC AND SOUTH ASIA
D. AREA PLANNING DOCUMENT, PACIFIC, AUSTRALIA, AND ANTARCTICA,
AP3/AP3A
6. OTHER INFORMATION:
A. DMAAC WILL FURNISH FIVE COPIES OF THE CATALOG OF AERONAUTICAL
CHARTS AND FLIGHT INFORMATION PUBLICATIONS.
B. TECHNICAL REPORTS AND BULLETINS ON REQUEST.
7. MATERIALS FROM A-2, HQ ROKAF:
A. A-2, HQ. ROKAF WILL PROVIDE DMAAC 10 COPIES EACH OF ANY
AERONAUTICAL CHARTS PUBLISHED BY THE GOVERNMENT OF KOREA.
B. TWO COPIES EACH OF THE FOLLOWING PUBLICATIONS:
CLASS I NOTAMS
CLASS II NOTAMS
AIR INFORMATION CIRCULAR
AIP AMENDMENTS
ROKAF FLIP AMENDMENTS
C. WHEN ANY NEW SOURCE MATERIALS ARE PRODUCED BY KOREA, A-1, HQ.
ROKAF WILL EXAMINE AND EVALUATE THE DOD OPERATIONAL NAVIGATION CHARTS
(ONC) AGAINST THE NEW SOURCE MATERIAL. IF IT IS FOUND THAT THE CHARTS
EXHIBIT INACCURACIES WHICH MAKE THEM IN ANY WAY HAZARDOUS FOR
NAVIGATION, DMAAC WILL BE FURNISHED A MARKED UP COPY OF THE ONC SHOWING
THE HAZARDOUS AREA, ALONG WITH THE NEW SOURCE MATERIAL (ADVANCE COPY,
PUBLISHED MAPS, AND CHARTS, ETC.).
D. AS REQUESTED BY DMAAC, A-2, HQ ROKAF WILL REVIEW AND UPDATE
COMPILATIONS OF US PRODUCED AERONAUTICAL CHARTS AND RETURN UPDATED
COMPILATIONS TO DMAAC WITHIN 60 DAYS OF RECEIPT. SPECIAL EDITS MAY ALSO
BE REQUESTED AND MAY INCLUDE, BUT NOT BE LIMITED TO:
(1) NAMES
(2) ROAD AND RAILROAD CLASSIFICATION AND ALIGNMENT
(3) RELIEF INFORMATION, PARTICULARLY SPOT ELEVATIONS.
E. GRAVIMETRIC DATA AS PRODUCED.
8. COMMUNICATIONS AND SHIPMENTS OF MATERIALS WILL BE AS FOLLOWS:
A. CORRESPONDENCE RELATING TO THE OPERATIONAL PROVISIONS OF THIS
ANNEX WILL BE BETWEEN THE FOLLOWING OFFICES:
(1) DMA AEROSPACE CENTER
ATTN: PPCF
ST. LOUIS AIR FORCE STATION, MO. 63118
(2) HEADQUARTERS, ROK AIR FORCES
ATTN: A-2
THROUGH: DIRECTOR, INTELLIGENCE BUREAU, JCS, MND
B. SHIPMENTS OF AERONAUTICAL CHARTS AND OTHER MATERIALS WILL BE MADE
TO THE FOLLOWING ADDRESSES:
(1) DMA AEROSPACE CENTER
ATTN: ADL
8900 SOUTH BROADWAY
ST. LOUIS, MO. 63125
(2) HEADQUARTERS, ROK AIR FORCE
ATTN: A-2
SEOUL, KOREA
(3) ONE COPY OF MATERIALS LISTED IN PARAGRAPH 7.B. WILL BE SENT TO:
DMA DEPOT
ATTN: FI
APO 96553 SAN FRANCISCO
C. TRANSMITTAL PROCEDURES:
(1) EACH SHIPMENT OF MATERIALS PROVIDED BY EITHER PARTY WILL CONTAIN
TWO COPIES OF A TRANSMITTAL PAPER (SHIPPING TICKET) LISTING ALL ITEMS
INCLUDED IN THE SHIPMENT. A THIRD COPY OF THE TRANSMITTAL PAPER WILL BE
FORWARDED TO THE CONSIGNEE BY MAIL AS AN ADVANCE NOTICE OF SHIPMENT.
(2) ALL TRANSMITTALS WHICH ACCOMPANY SHIPMENTS MADE IN ACCORDANCE
WITH THIS ARRANGEMENT WILL BEAR THE NOTATION "EXCHANGE MATERIALS."
9. COSTS:
A. MATERIALS WILL BE EXCHANGED ON A QUID PRO QUO BASIS.
B. THE COST OF MAILING OR SHIPPING MATERIALS WILL BE BORNE BY THE
TRANSMITTING AGENCY.
1. PURPOSE:
THE PURPOSE OF THIS ANNEX IS TO DEFINE ARRANGEMENTS FOR THE QUID PRO
QUO EXCHANGE OF HYDROGRAPHIC CHARTS, SAILING DIRECTIONS AND RELATED
PUBLICATIONS AND/OR THE EXCHANGE OF HYDROGRAPHIC AND TECHNICAL
INFORMATION OF MUTUAL INTEREST BETWEEN UNITED STATES AND KOREAN
AGENCIES. THE UNITED STATES AGENCY IS THE DMA HYDROGRAPHIC CENTER
(DMAHC), AND THE KOREAN AGENCY IS N-2 OF HEADQUARTERS, ROK NAVY. THIS
EXCHANGE IS IN ADDITION TO EXCHANGES CONDUCTED BY DMAHC AND THE KOREAN
HYDROGRAPHIC OFFICE UNDER THE CONVENTION OF THE INTERNATIONAL
HYDROGRAPHIC ORGANIZATION AND A BILATERAL AGREEMENT MADE IN 1966 TO
REPRODUCE UNCLASSIFIED CHARTS IN MODIFIED FACSIMILE.
2. MATERIAL FROM DMAHC:
A. DMAHC WILL AUTOMATICALLY FURNISH FIVE COPIES OF THE FOLLOWING DOD
HYDROGRAPHIC CHARTS. CURRENT EDITIONS WILL BE PROVIDED INITIALLY.
THEREAFTER NEW EDITIONS WILL BE PROVIDED AS THEY ARE PUBLISHED.
(1) HYDROGRAPHIC CHARTS OF VARIOUS SCALE SERIES FOR THE AREA OF NORTH
AND SOUTH KOREAN COAST AND ISLANDS.
(2) HARBOR CHARTS OF NORTH AND SOUTH KOREA AT VARIOUS SCALES.
(3) HYDROGRAPHIC CHARTS FOR THE FOLLOWING AREA BETWEEN 118 DEGREES -
140 DEGREES E AND 25 DEGREES - 45 DEGREES N:
SEA OF JAPAN YELLOW SEA EAST CHINA SEA
(4) SPECIFIC CHARTS AS FOLLOWS:
BATHYMETRIC CHARTS
B. REPRODUCTION MATERIALS:
UPON REQUEST, DMAHC WILL FURNISH REPRODUCTION MATERIALS FOR DOD
CHARTS AND/OR MAPS LISTED IN PARAGRAPH 2.A. ON A QUID PRO QUO BASIS.
THE LETTER OF REQUEST WILL STATE THE ADDRESS TO WHICH THESE REPRODUCTION
MATERIALS ARE TO BE SHIPPED.
C. SAILING DIRECTIONS AND RELATED PUBLICATIONS (FOR SAME AREA AS
CHARTS):
DMAHC WILL AUTOMATICALLY FURNISH FOUR COPIES OF THE FOLLOWING U.S.
DOD SAILING DIRECTIONS AND RELATED PUBLICATIONS. CURRENT EDITION WILL
BE PROVIDED INITIALLY. THEREAFTER, NEW EDITIONS OR APPLICABLE
AMENDMENTS WILL BE PROVIDED IN LIKE QUANTITIES.
(1) THE CATALOG OF DOD HYDROGRAPHIC CHARTS AND PUBLICATIONS.
(2) SAILING DIRECTIONS PUBLICATIONS.
(3) GENERAL OCEANOGRAPHIC PUBLICATIONS APPLICABLE FOR NAVY
OPERATIONS, AND OTHER TECHNICAL REPORTS AND BULLETINS ON REQUEST.
3. MATERIALS FROM N-2, HEADQUARTERS, ROK NAVY:
A. N-2, HEADQUARTERS, ROK NAVY WILL PROVIDE DMAHC THE FOLLOWING
CHARTS AND MATERIALS PRODUCED BY THE GOVERNMENT OF KOREA:
(1) FOUR COPIES EACH OF HYDROGRAPHIC CHARTS FOR THE AREAS OF KOREAN
COAST AND ISLANDS AS PRODUCED.
(2) TWO COPIES EACH OF SAILING DIRECTIONS AND RELATED PUBLICATIONS AS
PRODUCED.
4. COMMUNICATION AND SHIPMENT CHANNELS OF MATERIALS:
A. CORRESPONDENCE RELATING TO THE OPERATIONAL PROVISIONS OF THIS
ANNEX WILL BE BETWEEN THE FOLLOWING OFFICES:
(1) DMA HYDROGRAPHIC CENTER
ATTN: D005
WASHINGTON, D.C. 20390
U.S.A.
(2) TO: N-2, HEADQUARTERS, ROK NAVY
THROUGH: DIRECTOR, INTELLIGENCE BUREAU, JCS, MNC
0. SHIPMENTS OF HYDROGRAPHIC CHARTS AND OTHER MATERIALS WILL BE MADE
TO THE FOLLOWING ADDRESSES:
(1) DMA HYDROGRAPHIC CENTER
ATTN: CODE DS
WASHINGTON, D.C. 20390
(2) N-2, HEADQUARTERS, ROK NAVY
SEOUL, KOREA
C. TRANSMITTAL PROCEDURES:
SAME AS THOSE OF AERONAUTICAL CHARTS AS PRESCRIBED IN ANNEX B.
5. COSTS:
MATERIALS WILL BE EXCHANGED ON A QUID PRO QUO BASIS, AND THE COST OF
MAILING OR SHIPPING MATERIALS WILL BE BORNE BY THE TRANSMITTING AGENCY.
1. PURPOSE:
THE PURPOSE OF THIS ANNEX IS TO DEFINE ARRANGEMENTS FOR THE QUID PRO
QUO EXCHANGE OF AERONAUTICAL CHARTS AND FLIGHT INFORMATION PUBLICATIONS
AND/OR THE EXCHANGE OF AERONAUTICAL, GRAVIMETRIC, AND TECHNICAL
INFORMATION OF MUTUAL INTEREST BETWEEN UNITED STATES AND KOREAN
PRODUCTION AGENCIES. THE UNITED STATES AGENCY IS THE DMA AEROSPACE
CENTER(DMAAC), AND THE KOREAN AGENCY IS A-2, HEADQUARTERS, ROK AIR
FORCES (ROKAF). IN FURTHERANCE OF THIS MUTUAL OBJECTIVE, THE DESIGNATED
AGENCIES WILL CONFORM TO THE PROVISIONS OF THE BASIC ARRANGEMENT AND
PROCEDURES SET FORTH IN THIS ANNEX.
2. MATERIAL FROM DMAAC:
DMAAC WILL AUTOMATICALLY FURNISH 10 COPIES OF THE FOLLOWING DOD
AERONAUTICAL CHARTS. CURRENT EDITIONS WILL BE PROVIDED INITIALLY.
THEREAFTER, NEW EDITIONS WILL BE PROVIDED AS THEY ARE PUBLISHED.
SERIES 1501 AIR - FOLLOWING COUNTRIES EAST OF 112 DEGREES E AND SOUTH
OF 49 DEGREES N.
KOREA MTR 9 SEP 77
CHINA W.T.R.
JAPAN
MONGOLIA
MANCHURIA
EASTERN SIBERIA
TPC AND ONC - FOR FOLLOWING ONC SHEETS: F-9, F-10, F-11, G-10, G-11,
H-12, H-13, AND J-12.
JNC - SHEETS 25, 37, 38, AND 54.
KOREA, REPUBLIC OF 15 JUN 1976 FLITE DOCUMENT NO. 7950075
LETTER OF AGREEMENT EXECUTED 15 JUNE 1976.
LETTER OF AGREEMENT REGARDING PROCEDURES FOR COORDINATING THE USE OF
THE RED ACM AREA AND THE IFR HOLDING AREA FOR TACAN APPROACH TO
HOENGSONG.
LETTER OF AGREEMENT BETWEEN SEOUL APPROACH CONTROL (ATC); DETACHMENT
1, 621ST TACTICAL CONTROL SQUADRON (YONGMUN SAN ADOT); AND 312TH
AIRCRAFT CONTROL AND WARNING SQUADRON (YONGMUN SAN CRP).
1. THIS LETTER OF AGREEMENT ESTABLISHES PROCEDURES FOR COORDINATING
THE USE OF THE RED ACM AREA (37-36N/128-41E TO 36-58N/128-56E TO
36-58N/128-14E TO 37-32N/128/14E TO POINT OF BEGINNING) AND THE IFR
HOLDING AREA FOR TACAN APPROACH TO HOENGSONG. THIS AGREEMENT APPLIES
ONLY WHEN AIRCRAFT ARE CLEARED INTO THE HOLDING PATTERN FOR TACAN
APPROACH TO HOENGSONG.
2. RESPONSIBILITIES: UNIT COMMANDERS WILL ASSURE WEAPONS
CONTROLLERS ARE FAMILIAR WITH PROCEDURES OUTLINED. THE CHIEF
CONTROLLER, SEOUL APPROACH CONTROL, WILL ASSURE ATC CONTROLLERS ARE
FAMILIAR WITH PROCEDURES OUTLINED.
A. YONGMUN SAN ADOT OR CRP WEAPONS CONTROLLERS SHALL TAKE THE
FOLLOWING ACTIONS WHEN INTENDING TO USE THE RED ACM AREA:
(1) CALL SEOUL APPROACH CONTROL AND PASS INTENDED USE TIME AND
ALTITUDE BLOCKS. THE TERM "RED AREA HOT" WILL BE USED WHEN MAKING THIS
CALL. EXAMPLE: "SEOUL APPROACH, THIS IS YONGMUN SAN ADOT, RED AREA
HOT, 1400 LOCAL TO 1500 LOCAL, BLOCKING 10 THOUSAND TO 33 THOUSAND
FEET."
(2) CALL SEOUL APPROACH CONTROL AND ADVISE WHEN RED ACM AREA USE IS
TERMINATED. THE TERM "RED AREA COLD" WILL BE USED. EXAMPLE: "SEOUL
APPROACH, THIS IS YONGMUN SAN CRP, RED AREA COLD, TIME 1445 LOCAL."
B. SEOUL APPROACH CONTROL (WHEN ADVISED IN RED AREA IS HOT) SHALL
ADVISE YONGMUN SAN ADOT OR CRP WEAPONS CONTROLLERS OF AIRCRAFT GIVEN ATC
CLEARANCE INTO THE HOENGSONG HOLDING PATTERN. INFORMATION REQUIRED TO
INCLUDE:
(1) CALL SIGN
(2) CLEARANCE ALTITUDES.
(3) ETA AT SNOW FIX.
(4) ROUTE OF FLIGHT.
C. SEOUL APPROACH CONTROL (HAVING PASSED HOENGSONG HOLDING PATTERN
CLEARANCE WHILE RED AREA IS HOT) WILL ADVISE YONGMUN SAN ADOT OR CRP
WEAPONS CONTROLLERS WHEN AIRCRAFT HAVE TERMINATED USE OF THE HOENGSONG
HOLDING AREA.
D. YONGMUN SAN ADOT OR CRP WEAPONS CONTROLLERS WILL MAINTAIN VERTICAL
OR LATERAL SEPARATION BETWEEN AIRCRAFT IN THE ACM AREA AND AIRCRAFT
CLEARED INTO THE HOENGSONG HOLDING PATTERN BY SEOUL APPRACOH BASED ON
INFORMATION PASSED BY SEOUL APPROACH AND RADAR PRESENTATION. AIRCRAFT
GIVEN IFR CLEARANCE FOR TACAN APPROACH TO HOENGSONG WILL TAKE PRECEDENCE
OVER ACM TRAINING.
E. IN THE EVENT OF SEOUL APPROACH-YONGMUN SAN DIRECT LINE FAILURE,
ALTERNATE PATCH WILL BE ESTABLISHED THROUGH MANGIL SAN (CRC) OR TAEGU
(AMIS).
4. NO COORDINATION IS REQUIRED WHEN THE RED ACM AREA IS NOT IN USE.
5. THE PROVISIONS OF THIS AGREEMENT WILL BE REVIEWED AS REQUIRED
AND/OR ANNUALLY. (SIGNATURE OMITTED)
ANTHONY D. BOYLE, MAJOR, USAF
COMMANDER, DET 1, 621TCS (SIGNATURE OMITTED)
LEE, HOI OK, LT COL, ROKAF
COMMANDER, 312 AC&W SQ (SIGNATURE OMITTED)
KIM, HAN BAE, CHIEF CONTROLLER
SEOUL REGIONAL AVIATION BUREAU
KIMPO INTERNATIONAL AIRPORT
KOREA, REPUBLIC OF 3 JUN 1976 FLITE DOCUMENT NO. 7950074
AGREEMENT EXECUTED 3 JUNE 1976
AGREEMENT CONCERNING THE USE BY THE REPUBLIC OF KOREA AIR FORCE OF
THE UNITED STATES FORCES KOREA CABLE FOR INSTALLATION OF THE REPUBLIC OF
KOREA AIR FORCE PULSE CODE MODULATED SYSTEM SEOUL TO OSAN.
THE PARTIES TO THIS AGREEMENT, TAKING NOTE OF THE PROVISIONS OF
PARAGRAPH 2(B), ARTICLE III, US/ROK SOFA, AND OF THE JOINT AND MUTUAL
OBLIGATION OF THE US AND THE ROKG AS EXPRESSED IN THE MUTUAL DEFENSE
TREATY OF 1954, HAVE AGREED AS FOLLOWS:
IT IS THE PURPOSE OF THIS AGREEMENT TO PROVIDE THE ROK WITH A
SATISFACTORY CAPABILITY FOR COMMUNICATIONS FROM SEOUL TO OSAN IN THE
ABSENCE OF ADEQUATE COMMERCIAL FACILITIES.
1. THIS AGREEMENT SHALL BE REVIEWED BY BOTH PARTIES ANNUALLY.
EITHER PARTY MAY, AT ANY TIME, REQUEST REVISION OF ANY ARTICLE IN WHICH
CASE THE TWO PARTIES SHALL ENTER INTO NEGOTIATIONS LEADING TO REVISION.
2. THE USFK RESERVES THE RIGHT TO TERMINATE THIS MOA AFTER GIVING
180 DAYS' NOTICE TO MND.
1. MND AGREES TO BE RESPONSIBLE FOR THE FOLLOWING, AT ITS OWN
EXPENSE AND AT NO COST TO THE US:
A. TO RETURN 13 VOICE CHANNELS PRESENTLY USED BY ROK ON THE EXISTING
TRANS-KOREA PIPELINE (TKP) CABLE UPON COMPLETION OF THE INSTALLATION OF
THE ROK PCM SYSTEM AND WITHIN FOUR MONTHS OF THE SIGNING OF THE MOA.
B. TO UPGRADE THE EXISTING 12 PAIR TKP COMMUNICATION CABLE FROM SEOUL
TO OSAN IN ACCORDANCE WITH THE ROK PROPOSAL CONTAINED IN THE OFFICE OF
THE DIRECTOR, C-E BUREAU (ROK JCS J-6) LETTER, DATED 13 MARCH 1976.
C. TO PROVIDE, INSTALL, OPERATE AND MAINTAIN A 24 CHANNEL PCM SYSTEM,
INCLUDING REPEATERS, ON TWO PAIR OF US OWNED TKP CABLE BETWEEN SEOUL AND
OSAN.
D. TO UTILIZE, IN THE INSTALLATION AND MAINTENANCE OF THE PCM
EQUIPMENT MENTIONED IN C ABOVE, THE SAME CONTRACTOR WHO IS UNDER
CONTRACT WITH USFK FOR MAINTENANCE OF SUCH EQUIPMENT.
E. TO REFRAIN FROM THE INSTALLATION OF ANY TERMINAL EQUIPMENT TO ANY
US INSTALLATION, BUILDING OR AREA.
F. TO ENSURE THAT THERE WILL BE NO ELECTRICAL INTERFERENCE TO THE US
EQUIPMENT FROM THE INSTALLATION OR OPERATION OF ROK EQUIPMENT AND TO
COMPLY WITH ANY US REQUESTS FOR MODIFICATION OR CHANGES TO ELIMINATE ANY
INTERFERENCE.
G. TO REPAIR ANY DAMAGE DONE TO THE EXISTING US CABLE AND/OR
EQUIPMENT THAT MAY BE DONE IN THE UPGRADE OF THE CABLE OR MAINTENANCE OF
THE REPEATERS OR TO REPLACE ANY SUCH CABLE OR EQUIPMENT, AT THE OPTION
OF THE US.
H. TO NOTIFY THE UNC/USFK/EA J-6, PHONE 293-6716/6630, AND THE
OPERATIONS OFFICER PDSK, PHONE 268-7185/7746, AT LEAST SIX DAYS IN
ADVANCE OF ANY WORK WHICH WOULD REQUIRE AN INTERRUPTION OF CABLE
SERVICE.
I. TO NOTIFY THE YONGSAN TELEPHONE EXCHANGE TESTBOARD, PHONE
293-114/293-6400, COMMERCIAL PHONE 42-7461, OF ANY OUTAGES ATTRIBUTED TO
THE CABLE.
J. IN THE EVENT THAT THE CABLE MUST BE RELOCATED FROM THE EXISTING
EASEMENTS UNDER THE UPGRADE PROGRAM, THE ROK GOVERNMENT WILL PROVIDE THE
NECESSARY EASEMENTS.
K. PLANS AND SPECIFICATIONS FOR THE INSTALLATION OF THE PCM SYSTEM
WILL BE SUBMITTED TO THE US FORCES KOREA J-6 FOR REVIEW AND APPROVAL
PRIOR TO THE BEGINNING OF ANY WORK WHICH MAY AFFECT THE EXISTING US
COMMUNICATIONS SYSTEM ON THE TKP. ANY MODIFICATIONS OR REVISIONS TO
PLANS AND SPECIFICATIONS WHICH MAY AFFECT THIS SAME SYSTEM WILL ALSO BE
SUBMITTED TO THE USFK J-6 FOR REVIEW AND APPROVAL BEFORE BEING
INCORPORATED INTO THE WORK SCHEDULE.
1. TO PROVIDE FUNDING FOR ANY ROUTINE OR EMERGENCY TKP PIPELINE
MAINTENANCE OR REPAIR WHERE SUCH WORK MAY RESULT FROM INSTALLATION OF
THE ROK PCM SYSTEM.
2. J-6 USFK AGREES TO BE RESPONSIBLE FOR THE FOLLOWING:
A. TO PROVIDE TWO PAIRS OF CABLE TO ROK MND FOR INSTALLATION OF ROK
PCM SYSTEM FROM SEOUL TO OSAN.
B. TO ALLOW PRE-ENGINEERING FOR MND PCM EQUIPMENT.
C. TO AUTHORIZE ACCESS TO THE CABLE, AS REQUIRED TO INSTALL AND
MAINTAIN EQUIPMENT AND CABLE INTERCONNECTS.
D. TO BE RESPONSIBLE FOR CABLE MAINTENANCE, OVER THE EXISTING TKP
CABLE, EXCLUDING ALL ROK INSTALLED EQUIPMENT.
E. THAT, IN THE EVENT OF OUTAGES, CABLE RESTORAL WILL BE IN
ACCORDANCE WITH DCS RESTORAL PRIORITIES.
IT IS CLEARLY UNDERSTOOD THAT THE ROKG ACQUIRES NO TITLE OR OWNERSHIP
TO ANY US CABLE MADE AVAILABLE TO IT FOR USE HEREUNDER.
1. THE PARTIES HERETO WAIVE LIABILITY RECIPROCALLY, ON BEHALF OF
THEMSELVES, THEIR AGENCIES AND EMPLOYEES FOR ANY DAMAGE WHICH MAY RESULT
FROM ANY FAILURE IN THE HANDLING OF TRAFFIC OR THE PROVISION OF SERVICE.
2. WITH RESPECT TO ANY MATTER, INCLUDING CLAIMS, NOT SPECIFICALLY
COVERED HEREUNDER, PERTINENT ARTICLES OF THE US-ROK SOFA SHALL BE
CONTROLLING.
IN WITNESS WHEREOF THE UNDERSIGNED, BEING DULY AUTHORIZED BY THE
RESPECTIVE GOVERNMENTS, HAVE SIGNED THIS AGREEMENT. DONE IN DUPLICATE
IN THE ENGLISH AND KOREAN LANGUAGES; BOTH TEXTS HAVE EQUAL
AUTHENTICITY, BUT, IN THE CASE OF DIVERGENCE, THE ENGLISH TEXT SHALL
PREVAIL.
DONE AT SEOUL THIS THIRD DAY OF JUNE 1976.
FOR THE MINISTER OF NATIONAL DEFENSE
REPUBLIC OF KOREA (SIGNATURE OMITTED)
SHIN DONG SEON
BRIGADIER GENERAL, ROK ARMY
DIRECTOR, COMMUNICATIONS-
ELECTRONICS BUREAU
FOR THE COMMANDER, UNITED STATES
FORCES KOREA (SIGNATURE OMITTED)
V. O. LANG
COLONEL (P), US ARMY
ASSISTANT CHIEF OF STAFF, J-6
HQ UNC/USFK/EUSA
KOREA, REPUBLIC OF 12 MAR 1976 FLITE DOCUMENT NO. 7950073
AGREEMENT EXECUTED 12 MARCH 1976.
AGREEMENT REGARDING INTERCONNECTIONS OF MICROWAVE SYSTEMS OF THE
MINISTRY OF COMMUNICATIONS AND THE UNITED STATES FORCES KOREA AND OF
COAXIAL CABLE SYSTEM OF THE MINISTRY OF COMMUNICATIONS AND MICROWAVE
SYSTEM OF THE UNITED STATES FORCES KOREA.
SUPERSEDES AGREEMENT OF 30 JANUARY 1974.
SUBJECT: INTERCONNECTING AND INTERFACING OF THE MICROWAVE AND
COAXIAL CELL SYSTEMS OF THE MINISTRY OF COMMUNICATIONS AND THE MICROWAVE
SYSTEM OF THE UNITED STATES FORCES KOREA BETWEEN SIKJANGSAN AND RICHMOND
AND BETWEEN TAEJON CABLE STATION AND RICHMOND.
PURPOSE: TO PROVIDE THE UNITED STATES FORCES KOREA WITH THE
CAPABILITY OF REROUTING INTELSAT AND OTHER CRITICAL CIRCUITRY OVER
MICROWAVE SYSTEMS OR THE COAXIAL CABLE SYSTEMS OF THE MINISTRY OF
COMMUNICATIONS OF THE REPUBLIC OF KOREA. SAID CAPABILITY SHALL ENHANCE
THE COMMUNICATIONS OF THE UNITED STATES FORCES KOREA OPERATIONS.
THIS AGREEMENT FORMALIZES MATTERS MUTUALLY AGREED UPON BY THE
MINISTRY OF COMMUNICATIONS OF THE REPUBLIC OF KOREA (HEREINAFTER TO BE
REFERRED TO AS "MOC") AND THE UNITED STATES FORCES KOREA (HEREINAFTER TO
BE REFERRED TO AS "USFK") CONCERNING THE INTERCONNECTING AND INTERFACING
THE MICROWAVE AND COAXIAL CABLE SYSTEMS OF THE MOC AND THE MICROWAVE
SYSTEM OF THE USFK AT THIS TAEJON, SIKJANGSAN AND RICHMOND SITES
RESPECTIVELY.
THIS AGREEMENT SUPERSEDES AGREEMENT BETWEEN MOC AND USFK DATED
JANUARY 30, 1974 ON INTERCONNECTING AND INTERFACING OF THE MINISTRY OF
COMMUNICATIONS AND THE UNITED STATES FORCES KOREA MICROWAVE SYSTEMS AT
SIKJANGSAN-RICHMOND SITES.
THIS AGREEMENT SHALL REMAIN IN EFFECT FOR A PERIOD OF THREE YEARS
FROM THE DATE IT IS SIGNED BY THE REPRESENTATIVES OF THE MOC AND USFK.
THIS AGREEMENT SHALL BE SUBJECT TO REVIEW AND RENEGOTIATION ANNUALLY, IN
WHOLE OR IN PART, UPON RECEIPT OF A 30-DAY WRITTEN NOTICE FROM EITHER
PARTY AND MAY BE EXTENDED OR TERMINATED BY MUTUAL AGREEMENT OF MOC AND
THE USFK, UPON RECEIPT OF A 30-DAY WRITTEN NOTICE PROVIDED THE OTHER
PARTY.
1. THE USFK SHALL BE RESPONSIBLE TO:
A. PROVIDE THE EQUIPMENT AND CABLE NECESSARY FOR A TWELVE (12) FULL
DUPLEX VOICE CHANNEL INTERCONNECTING AND INTERFACING BETWEEN THE MOC
MICROWAVE SYSTEM AT SIKJANGSAN AND THE USFK MICROWAVE SYSTEM AT
RICHMOND.
B. PROVIDE THE EQUIPMENT NECESSARY TO BREAKOUT AND TO INSERT THE
TWELVE (12) FULL DUPLEX VOICE CHANNELS COMPRISING ONE MULTIPLEX GROUP AT
SIKJANGSAN ON THE MICROWAVE SYSTEM OF THE MOC BETWEEN KUMSAN AND SEOUL.
C. PROVIDE THE EQUIPMENT NECESSARY TO BREAKOUT AND TO INSERT TWELVE
(12) FULL DUPLEX VOICE CHANNELS COMPRISING ONE MULTIPLEX GROUP AT TAEJON
CABLE STATION ON THE COAXIAL CABLE SYSTEM OF THE MOC BETWEEN KUMSAN AND
SEOUL.
D. PROVIDE THE TACTICAL (UHF) MULTICHANNEL EQUIPMENT FOR TWELVE (12)
FULL DUPLEX VOICE CHANNEL INTERCONNECTING AND INTERFACING BETWEEN THE
COAXIAL CABLE SYSTEM OF THE MOC AT TAEJON CABLE STATION AND THE USFK
MICROWAVE SYSTEM AT RICHMOND.
E. PROVIDE A TECHNICAL ADVISOR TO MOC DURING THE INSTALLATION PHASE
OF EQUIPMENT PROVIDED BY USFK AT SIKJANGSAN AND AT TAEJON CABLE STATION.
F. INSTALL THE CABLE BETWEEN SIKJANGSAN AND RICHMOND AND THE
INTERFACING EQUIPMENT AT RICHMOND AND PERFORM NECESSARY CROSS CONNECTION
AT RICHMOND.
G. MAINTAIN AND OPERATE THE INTERCONNECTING CABLE BETWEEN SIKJANGSAN
AND RICHMOND, AND THE TACTICAL (UHF) MULTICHANNEL EQUIPMENT INSTALLED AT
RICHMOND AND TAEJON CABLE STATION.
H. ACCOMPLISH CIRCUIT INTERCONNECTIONS AT RICHMOND BETWEEN THE
MICROWAVE SYSTEMS OF THE MOC AND THE USFK.
I. FURNISH REPAIR PARTS TO MOC FOR THE EQUIPMENT PROVIDED BY USFK AT
SIKJANGSAN AND AT TAEJON CABLE STATION.
2. THE MOC SHALL BE RESPONSIBLE TO:
A. IDENTIFY AND PROVIDE TO THE USFK THE TECHNICAL CHARACTERISTICS OF
THE REQUIRED INTERCONNECTING AND INTERFACING EQUIPMENTS AND THE BREAKOUT
AND INSERT EQUIPMENT FOR SIKJANGSAN AND TAEJON CABLE STATION.
B. INSTALL, OPERATE AND MAINTAIN THE INTERCONNECTING AND INTERFACING
EQUIPMENT AND THE BREAKOUT AND INSERT EQUIPMENT AT SIKJANGSAN AND AT
TAEJON CABLE STATION.
C. PERFORM NECESSARY CROSS CONNECTION BETWEEN THE INTERCONNECTING AND
INTERFACING EQUIPMENT AT SIKJANGSAN AND RICHMOND AND NECESSARY CROSS
CONNECTIONS BETWEEN THE INTERCONNECTING AND INTERFACING EQUIPMENT AND
THE TACTICAL (UHF) MULTICHANNEL EQUIPMENT AT TAEJON CABLE STATION.
D. AUTHORIZE ACCESS TO SIKJANGSAN FOR USFK PERSONNEL AS REQUIRED TO
CONDUCT JOINT SURVEYS, INSTALLATION AND MAINTENANCE NECESSARY TO
ENGINEER, INSTALL AND MAINTAIN THE CABLE INTERCONNECTION BETWEEN
RICHMOND AND SIKJANGSAN.
E. AUTHORIZE ACCESS TO TAEJON CABLE STATION FOR USFK PERSONNEL AS
REQUIRED DURING THE INSTALLATION AND THE EXERCISE PHASE OF TACTICAL
(UHF) MULTICHANNEL EQUIPMENT PROVIDED BY THE USFK.
THE LEGAL TITLE AND OWNERSHIP OF THE USFK-PROVIDED EQUIPMENT AND
CABLE SHALL REMAIN WITH THE UNITED STATES GOVERNMENT. HOWEVER, UPON
LOSS, DAMAGE OR THEFT OF SAID EQUIPMENT ONCE INSTALLED IN THE MOC
FACILITIES, THE COST FOR REPLACEMENT OR REPAIR OF SAID EQUIPMENT SHALL
BE BORNE BY THE MOC.
THE FUNDING OF THE USFK RESPONSIBILITIES IDENTIFIED IN ARTICLE III
SHALL BE PROVIDED BY THE USFK. THE FUNDING FOR THE MOC RESPONSIBILITIES
IDENTIFIED IN ARTICLE III SHALL BE PROVIDED BY THE MOC.
WITHIN THE TOTAL NUMBER OF CIRCUITS INTERCONNECTED, THE MOC ASSURES
TO FURNISH THE SERVICES WHICH ARE REQUESTED BY THE USFK ACCORDING TO
GENERAL PRACTICE.
THE USFK SHALL BE RESPONSIBLE TO MAKE PAYMENT FOR THE MOC LEASED
CIRCUITS. THE TRAFFIC RATE CHARGES SHALL BE ASSESSED AGAINST THE USFK
FOR ONLY THOSE CIRCUITS SPECIFICALLY USED BY THE USFK AND SHALL BE IN
ACCORDANCE WITH PRIORITIES, CONDITIONS AND RATES OR TARIFF RATES NO LESS
FAVORABLE THAN THOSE ACCORDED ANY OTHER USER. THE USFK SHALL BE BILLED
ON A MONTHLY BASIS AND THE COMMON COMMERCIAL RATES FOR THE MONTH SHALL
BE THE GOVERNING FACTOR.
THIS AGREEMENT SHALL BE CONDUCTED IN CONFORMITY WITH ARTICLE III,
PARAGRAPH 2(B), STATUS OF FORCES AGREEMENT (SOFA) BETWEEN THE REPUBLIC
OF KOREA AND THE UNITED STATES OF AMERICA. PROVISIONS OF THE SOFA SHALL
GOVERN ALL MATTERS NOT SPECIFICALLY CONSIDERED AND RESOLVED HEREIN. IN
WITNESS THEREOF, THE UNDERSIGNED, BEING DULY AUTHORIZED BY THE
RESPECTIVE GOVERNMENTS, HAVE SIGNED THIS AGREEMENT. DONE, ON 12 MARCH
1976, IN DUPLICATE IN THE ENGLISH AND KOREAN LANGUAGES; BOTH TEXTS HAVE
EQUAL AUTHENTICITY, BUT IN THE CASE OF DIVERGENCE, THE ENGLISH TEXT
SHALL PREVAIL.
FOR THE MINISTRY OF COMMUNICATIONS, REPUBLIC OF KOREA (SIGNATURE
OMITTED)
JAE-NAM KAH
DIRECTOR-GENERAL
TELECOMMUNICATIONS BUREAU
MINISTRY OF COMMUNICATIONS
REPUBLIC OF KOREA
FOR THE COMMANDER, UNITED
NATIONS COMMAND/UNITED
STATES FORCES, KOREA,
DEPARTMENT OF DEFENSE,
UNITED STATES OF AMERICA. (SIGNATURE OMITTED)
V. O. LANG
COLONEL, US ARMY
ASSISTANT CHIEF OF STAFF,
J-6 UNITED STATES FORCES
KOREA
KOREA, REPUBLIC OF 23 MAR 1973 FLITE DOCUMENT NO. 7950072
MEMORANDUM OF UNDERSTANDING EXECUTED 23 MARCH 1973.
MEMORANDUM OF UNDERSTANDING REGARDING THE TRANSFER OF UNITED STATES
TITLED EQUIPMENT TO THE REPUBLIC OF KOREA AT THE TIME OF REDEPLOYMENT
FROM VIETNAM.
WHEREAS IT HAS BEEN DETERMINED THAT THE REPUBLIC OF KOREA HAS A
MILITARY REQUIREMENT TO ACQUIRE CERTAIN UNITED STATES TITLED EQUIPMENT
IN THE SUPPORT OF THE REPUBLIC OF KOREA FORCES AT THE TIME OF
REDEPLOYMENT FROM VIETNAM; AND
WHEREAS THE GOVERNMENT OF THE REPUBLIC OF KOREA HAS REQUESTED THESE
ITEMS FOR ITS ARMY; AND
WHEREAS THE GOVERNMENT OF THE UNITED STATES HAS AN OBLIGATION FOR
PAYMENT OF THE FY 71 NET ADDITIONAL COST (NAC) PAY AND ALLOWANCES,
THE REPRESENTATIVES OF THE GOVERNMENT OF THE REPUBLIC OF KOREA AND
THE GOVERNMENT OF THE UNITED STATES OF AMERICA ACTING FOR THEIR
RESPECTIVE GOVERNMENTS, AGREE TO THE FOLLOWING:
1. SCOPE OF THE EQUIPMENT INVOLVED:
ALL NON-LONG SUPPLY AND EXCESS EQUIPMENT PREVIOUSLY TRANSFERRED AS
PART OF THE ROKFY REDEPLOYMENT, ALL APPROPRIATE FOR TRANSFER NON-LONG
SUPPLY AND EXCESS EQUIPMENT IN THE OVERSEAS REPLACEMENT TRAINING CENTER
(ORTC), THREE UHTH HELICOPTERS ASSIGNED TO THE ORTC, AND ONE U-21
AIRCRAFT AT A FAIR VALUE OF ACQUISITION COST OF THE EQUIPMENT INVOLVED.
2. SCOPE OF THE GOVERNMENT OF THE ROK:
THE GOVERNMENT OF THE REPUBLIC OF KOREA WILL ACCEPT THIS EQUIPMENT IN
AN AS-IS-WHERE-IS CONDITION AND WILL CONSIDER THIS TRANSFER AS OFFSET
FOR THE UNITED STATES OBLIGATION FOR PAYMENT OF THE FY 71 NAC PAY AND
ALLOWANCES.
THE GOVERNMENT OF THE REPUBLIC OF KOREA WILL ACCEPT THIS EQUIPMENT
WITHOUT CHARGE TO THE FUNDED PORTION OF THE REPUBLIC OF KOREA FORCES
FIVE YEAR MODERNIZATION PLAN.
3. SCOPE OF ASSISTANCE BY THE GOVERNMENT OF THE UNITED STATES:
THE GOVERNMENT OF THE UNITED STATES WILL TRANSFER TITLE OF ALL UNITED
STATES TITLED EQUIPMENT COVERED UNDER THIS MEMORANDUM OF UNDERSTANDING
UPON ACCEPTANCE.
THE TEN PERCENT (10%) DEPOSIT REQUIREMENT IN ACCORDANCE WITH SECTION
514 OF THE FOREIGN ASSISTANCE ACT OF 1961, AS AMENDED, WILL NOT APPLY TO
THE EQUIPMENT INVOLVED UNDER THIS MEMORANDUM OF UNDERSTANDING.
4. SECURITY:
THE GOVERNMENT OF THE REPUBLIC OF KOREA WILL TAKE ALL NECESSARY STEPS
TO INSURE THAT NO CLASSIFIED INFORMATION OR EQUIPMENT EXCHANGED BY THIS
TRANSFER WILL BE SUPPLIED TO ANY THIRD PARTY OR OTHERWISE COMPROMISED,
AND WILL PROVIDE SUBSTANTIALLY THE SAME DEGREE OF SECURITY PROTECTION AS
IS AFFORDED SUCH INFORMATION AND EQUIPMENT BY THE GOVERNMENT OF THE
UNITED STATES.
5. TRANSFERS TO THIRD PARTIES:
THE GOVERNMENT OF THE REPUBLIC OF KOREA WILL NOT SELL OR OTHERWISE
TRANSFER TITLE TO OR POSSESSION OF THIS EQUIPMENT, TECHNICAL DATA,
DOCUMENTATION OR ANY OTHER ITEM OBTAINED BY THIS TRANSFER FROM UNITED
STATES SOURCES TO ANYONE NOT AN OFFICER, EMPLOYEE, OR AGENT AUTHORIZED
BY THE GOVERNMENT OF THE REPUBLIC OF KOREA, WITHOUT THE EXPRESSED
WRITTEN CONSENT OF THE GOVERNMENT OF THE UNITED STATES.
6. CUSTOMS DUTIES AND INTERNAL TAXES:
THE GOVERNMENT OF THE REPUBLIC OF KOREA WILL AUTHORIZE AND GRANT DUTY
FREE TREATMENT AND EXEMPTION FROM ALL CUSTOMS DUTIES, FEES AND OTHER
INTERNAL TAXATION ON EQUIPMENT, MACHINERY, TOOLS, MATERIALS, AND PARTS
THERETO IMPORTED INTO OR EXPORTED FROM ITS TERRITORY IN CONNECTION WITH
THIS MEMORANDUM OF UNDERSTANDING.
IN WITNESS WHEREOF, THE DULY AUTHORIZED OFFICIALS OF THE TWO
GOVERNMENTS HAVE SIGNED THIS MEMORANDUM OF UNDERSTANDING ON THIS 23RD
DAY OF MARCH 1973.
FOR THE GOVERNMENT OF THE
UNITED STATES OF AMERICA (SIGNATURE OMITTED)
SUBMITTED: H. S. CUNNINGHAM,
MAJOR GENERAL, USA
CHIEF, JUSMAG-K
APPROVED: (SIGNATURE OMITTED)
SECRETARY OF DEFENSE
DATE: 23RD DAY OF MARCH 1973
FOR THE GOVERNMENT OF THE
REPUBLIC OF KOREA (SIGNATURE OMITTED)
SUBMITTED: CHOI, KWANG SOO
ASSISTANT MINISTER FOR
LOGISTICS AND INSTALLATIONS
APPROVED: (SIGNATURE OMITTED)
MINISTER OF NATIONAL DEFENSE
DATE: 23RD DAY OF MARCH 1973
KOREA, REPUBLIC OF 8 JAN 1976 FLITE DOCUMENT NO. 7950071
AGREEMENT EXECUTED 8 JANUARY 1976.
AGREEMENT REGARDING MUTUAL FIRE PROTECTION.
WHEREAS THE PARTIES TO THIS AGREEMENT DESIRE TO ACCORD TO EACH OTHER
THE BENEFITS OF MUTUAL AID IN FURNISHING FIRE PROTECTION FOR PROPERTY
NORMALLY PROTECTED BY THEIR RESPECTIVE FIRE FIGHTING AGENCIES; AND
WHEREAS THE AREA(S) OF THE (US) INSTALLATION AND THE AREA OF THE ROK
AGENCY ARE AS SHOWN IN INCL 1 (INCL 1 SHOULD BE A DRAWING OR MAP SHOWING
THE BOUNDARIES OF THE INSTALLATION(S) AND THE BOUNDARIES OF THE ROK
PARTY); AND
WHEREAS, UNDER PROVISIONS OF UNITED STATES LAWS AND REGULATIONS
(PARAGRAPH 6-2, AR 420-90, 42 USC 1856) IT IS NECESSARY TO ENTER INTO A
WRITTEN RECIPROCAL AGREEMENT REGARDING MUTUAL FIRE PROTECTION WHICH
SHALL CONTAIN CERTAIN RECIPROCAL PROVISIONS AS SPECIFIED HEREIN:
IT IS AGREED THAT:
(1) THIS AGREEMENT, ENTERED INTO THIS 8 DAY OF JANUARY 1976, BETWEEN
COLONEL DAVID E. BOLTE (AREA INSTALLATION COMMANDER), ACTING ON BEHALF
OF THE UNITED STATES OF AMERICA AND MAYOR YUN TAL SOP, TONG IM CHON-UP
(REPRESENTATIVE) IS FOR THE PURPOSE OF SECURING TO EACH PARTY THE
BENEFITS OF MUTUAL AID IN FIRE PROTECTION, THE THE PROTECTION OF LIFE
AND PROPERTY FROM FIRE AND IN FIRE FIGHTING.
(2) EACH PARTY SHALL ACCORD TO THE OTHER PROMPT AND EXPEDITIOUS FIRE
PROTECTION SERVICES AS MAY BE NEEDED IN THE AREAS COVERED BY THIS
AGREEMENT (INCL 1), SO FAR AS POSSIBLE BY THE CAPABILITIES OF EACH OF
THE PARTIES, AND UPON REQUEST OF THE AUTHORIZED REPRESENTATIVES OF EACH
OF THE PARTIES.
A LIST OF SUCH AUTHORIZED REPRESENTATIVES IS AT INCL 2 (INCL 2 SHOULD
BE A LIST OF THE US AND ROK AUTHORITIES WHO WOULD NORMALLY CALL FOR FIRE
FIGHTING SERVICES SPECIFYING THE OFFICES AND THE TELEPHONE NUMBERS
INVOLVED).
(3) THE DISPATCH OF EQUIPMENT AND PERSONNEL PURSUANT TO THIS
AGREEMENT IS SUBJECT TO THE FOLLOWING CONDITIONS:
(A) REQUESTS FOR ASSISTANCE WILL BE MADE ONLY AFTER THE REQUESTING
ORGANIZATION HAS EXHAUSTED ITS EQUIPMENT AND PERSONNEL RESOURCES.
JK FORM 47, 15 NOV 75
(B) ANY REQUEST HEREUNDER SHALL INCLUDE A STATEMENT OF THE AMOUNT AND
TYPE OF EQUIPMENT AND NUMBER OF PERSONNEL REQUIRED, AND SHALL SPECIFY
THE LOCATION TO WHICH THE EQUIPMENT AND PERSONNEL ARE TO BE FURNISHED.
THE EQUIPMENT AND PERSONNEL TO BE FURNISHED SHALL BE DETERMINED BY A
REPRESENTATIVE OF THE RESPONDING ORGANIZATION.
(C) THE RESPONDING ORGANIZATION SHALL REPORT TO THE OFFICER IN CHARGE
OF THE REQUESTING ORGANIZATION AT THE LOCATION TO WHICH THE EQUIPMENT IS
DISPATCHED AND SHALL COMPLY WITH THE INSTRUCTIONS OF THAT OFFICIAL, SO
LONG AS SATISFACTORY FIRE FIGHTING TECHNIQUES AND MANAGEMENT PRINCIPLES
ARE APPLIED.
(D) A RESPONDING ORGANIZATION SHALL EXPEDITIOUSLY BE RELEASED BY THE
REQUESTING ORGANIZATION WHEN THE SERVICES OF THE RESPONDING ORGANIZATION
ARE NO LONGER REQUIRED OR WHEN THE RESPONDING ORGANIZATION IS NEEDED
WITHIN THE AREA FOR WHICH IT NORMALLY PROVIDES FIRE PROTECTION.
(E) IN THE EVENT OF A CRASH OF AIRCRAFT OWNED OR OPERATED BY THE
UNITED STATES, OR MILITARY AIRCRAFT OF ANY FOREIGN NATION, WITHIN THE
AREA FOR WHICH THE CAMP CASEY (NAME OF FIRE DEPARTMENT) FIRE DEPARTMENT
NORMALLY PROVIDES FIRE PROTECTION, THE FIRE CHIEF OF THE AFE 2D INFENTRY
DIVISION (NAME OF AFE) FIRE DEPARTMENT OR HIS REPRESENTATIVE MAY ASSUME
FULL COMMAND OF FIRE FIGHTING OPERATIONS UPON HIS ARRIVAL AT THE SCENE
OF THE CRASH.
(4) THE PARTIES HERETO HEREBY WAIVE ALL CLAIMS DIRECT OR INDIRECT
AGAINST EACH OTHER FOR COMPENSATION OF ANY LOSS, DAMAGE, PERSONAL INJURY
OR DEATH OCCURRING AS A CONSEQUENCE OF THE PERFORMANCE OF THIS
AGREEMENT. THIS WAIVER SHALL ALSO BE CONSIDERED TO COVER ANY AND ALL
CLAIMS SUBMITTED, DIRECTLY OR INDIRECTLY, BY EMPLOYEES OF EACH OF THE
PARTIES. CLAIMS BY THIRD PARTIES CAUSED BY OPERATION OF THIS AGREEMENT
SHALL BE PROCESSED AND DISPOSED OF IN ACCORDANCE WITH THE PROVISIONS OF
ARTICLE XXIII OF THE US-ROK STATUS OF FORCES AGREEMENT.
(5) EACH PARTY HEREBY AGREES NOT TO SUBMIT TO OTHER PARTY AND REQUEST
FOR REIMBURSEMENT FOR ALL OR PART OF THE COST INCURRED BY SUCH PARTY IN
FURNISHING FIRE PROTECTION FOR OR ON BEHALF OF THE OTHER PARTY.
(6) THIS AGREEMENT MAY BE FURTHER IMPLEMENTED BY MUTUAL AGREEMENT OF
THE PARTIES HERETO, SUBJECT TO THE TERMS AND CONDITIONS HEREIN, AND TO
THE GENERAL PROVISIONS OF THE US-ROK STATUS OF FORCES AGREEMENT.
(7) EITHER PARTY SHALL HAVE THE OPTION TO TERMINATE THIS AGREEMENT:
(A) FOR ANY REASON, UPON 30 DAYS WRITTEN NOTICE.
(B) SHOULD THE OUTBREAK OF HOSTILITIES OR SOME OTHER MATTER SERIOUSLY
AFFECT THE RELATIONSHIP OF THE PARTIES, THIS AGREEMENT SHALL BE
TERMINATED AS SPEEDILY AS IS PRACTICAL UNDER THE CIRCUMSTANCES.
(C) IMMEDIATELY, IF THE OTHER PARTY FAILS TO PERFORM ITS OBLIGATIONS
UNDER THIS AGREEMENT.
(8) THIS AGREEMENT IS MADE IN DUPLICATE, IN THE ENGLISH AND KOREAN
LANGUAGES. BOTH TEXTS SHALL HAVE EQUAL AUTHENTICITY, BUT IN CASE OF
DIVERGENCE THE ENGLISH TEXT SHALL PREVAIL.
FOR THE YANGJU-GUN KYONGGI-DO
(CITY, PROVINCE, COMMUNITY)
REPUBLIC OF KOREA (SIGNATURE OMITTED)
FOR THE SECRETARY OF
THE US ARMY (SIGNATURE OMITTED) . . .
YUN TAL SOP
MAYOR, TONG DU CHON
(TITLE) (SIGNATURE OMITTED)
YANG JU-GUN KYONGGI-DO (SIGNATURE OMITTED)
REPUBLIC OF KOREA
INSTALLATION COMMANDER (SIGNATURE OMITTED)
DAVID E. BOLTE, COL, GS
DEPUTY CHIEF OF STAFF (P&I)
(NAME OF INSTALLATION)
2ND INFANTRY DIVISION
APO SAN FRANCISCO 96224
JAPAN 28 JUN 1976 FLITE DOCUMENT NO. 7950070
AGREEMENT EXECUTED 25 MARCH, 11 JUNE AND 28 JUNE 1976; EFFECTIVE 15
MARCH 1976.
AGREEMENT FOR GRANTING THE USE OF USFJ FACILITIES AND AREAS OF ARMY
POL DEPOTS, FAC 6076.
THIS AGREEMENT IS ENTERED INTO ON THE DATE LAST SIGNED AT CAMP ZAMA,
JAPAN, BY AND BETWEEN THE DULY AUTHORIZED REPRESENTATIVE OF THE U.S.
FORCES, JAPAN, HEREINAFTER REFERRED TO AS USFJ, AND THE DULY AUTHORIZED
REPRESENTATIVES OF THE GOVERNMENT OF JAPAN (GOJ), THE NAHA DEFENSE
FACILITIES ADMINISTRATION BUREAU (NAHA DFAB) AND THE JAPAN MARITIME SELF
DEFENSE FORCE (JMSDF), HEREINAFTER REFERRED TO AS THE PETITIONERS, AS
THE RESPECTIVE SIGNATURES HERETO APPEAR.
WITNESSETH:
WHEREAS, THE GOJ GRANTED TO THE USFJ, THE USE OF CERTAIN FACILITIES
AND AREAS UNDER THE PROVISIONS OF ARTICLE II OF THE STATUS OF FORCES
AGREEMENT UNDER ARTICLE VI OF THE TREATY OF MUTUAL COOPERATION AND
SECURITY BETWEEN THE UNITED STATES OF AMERICA AND JAPAN, KNOWN AND
DESIGNATED AS:
AND WHEREAS, THE GOJ, BY FACILITIES SUBCOMMITTEE (FSC) MEMORANDUM
FSJG-367-1395-SM/YA, 24 OCTOBER 1975, SUBJECT: JOINT USE OF A PORTION
OF LAND AT ARMY POL DEPOTS, FAC 6076, REQUESTED, FOR AND ON BEHALF OF
THE JMSDF, THE USE OF A PORTION OF SAID FACILITY TO CONSTRUCT AN ACCESS
ROAD AND SITE UTILITY LINES TO THE JMSDF TRANSMITTER FACILITIES IN
GUSHIKAWA CITY.
AND WHEREAS, THE USFJ HAS CONCURRED, BY FSC MEMORANDUM
FSUS-371-1893-F(A), 15 DECEMBER 1975, SUBJECT AS ABOVE, IN THE GOJ
PROPOSAL WITH CERTAIN CONDITIONS, AND THE US-JAPAN JOINT COMMITTEE HAS
APPROVED BY MEMO NO. 1157, 28 FEBRUARY 1976, SUBJECT AS ABOVE, ON 15
MARCH 1976, TO THE REQUESTED JOINT USE.
NOW THEREFORE, IN CONSIDERATION OF THE AGREEMENT OF THE PARTIES,
JOINT USE OF SAID USFJ FACILITY AND/OR AREA, IS HEREBY GRANTED TO THE
GOJ FOR USE BY THE JMSDF OF APPROXIMATELY 11,000 SQUARE METERS OF LAND
AREA, AS SHOWN IN EXHIBIT AND MADE A PART HEREOF, AS HEREINAFTER SET
FORTH.
1. THAT CONSTRUCTION ACTIVITIES AND SUBSEQUENT JOINT USE SHALL NOT
INTERFERE WITH ANY USFJ OPERATIONS. DURING CONSTRUCTION, INTERFERENCE
WITH VEHICULAR TRAFFIC SHALL BE KEPT TO A MINIMUM AND AT LEAST ONE
TRAFFIC LANE KEPT OPEN AT ALL TIMES.
2. THAT PRIOR TO AND DURING THE CONSTRUCTION WORK AND FINALIZATION
OF PLANS FOR INSTALLING THE GOJ UTILITY LINES WITHIN THE JOINT USE AREA,
LOCAL COORDINATION SHALL BE CLOSELY CONDUCTED WITH THE RESPONSIBLE US
TECHNICAL ELEMENTS OF DIRECTORATE FOR FACILITIES ENGINEERING AND
DIRECTORATE FOR INDUSTRIAL OPERATIONS, U.S. ARMY GARRISON, OKINAWA, AND
U.S. ARMY COMMUNICATIONS COMMAND-JAPAN SIGNAL SUPPORT AGENCY SOUTH.
THIS IS TO AVOID, IN GENERAL, DAMAGE, TO U.S. ARMY-OWNED POL PIPELINES,
COMMUNICATION CABLES AND OTHER UTILITIES IN THE AREA AND TO PROVIDE
PROPER PROTECTIVE MEASURES AT POL LINE AND UTILITY LINE CROSSINGS AS
NECESSARY.
3. THAT DIRECT COORDINATION SHALL BE CONDUCTED WITH THE U.S. MARINE
CORPS AND THE LOCAL MUNICIPAL OFFICE FOR SAFEGUARDING THEIR RESPECTITVE
UTILITIES SYSTEMS IN THE AREA.
4. THAT APPROPRIATE SIGNS, BARRICADES, LIGHTS AND OTHER ESSENTIAL
SAFETY DEVICES AND PRACTICES FOR PROTECTION OF THE GENERAL PUBLIC SHALL
BE EMPLOYED DURING CONSTRUCTION OPERATIONS.
5. THAT OBSTACLES DISCOVERED IN THE COURSE OF CONSTRUCTION SHALL BE
RELOCATED, AS REQUIRED BY THE LOCAL USFJ REPRESENTATIVE, AT THE GOJ'S
EXPENSE.
6. THAT ALL WORK REQUIRED TO PREPARE THE AREA FOR THIS JOINT USE,
INCLUDING THE CONSTRUCTION WORK AND SUBSEQUENT USE AND MAINTENANCE
THEREOF, SHALL BE ACCOMPLISHED AT NO EXPENSE TO THE USG.
7. THAT REPAIR OF ANY DAMAGE OCCURRING TO THE USFJ-CONTROLLED
PROPERTY INCIDENT TO THE EXERCISE OF THE JOINT USE PRIVILEGES GRANTED
HEREIN SHALL BE DONE EXPEDITIOUSLY AND IN A MANNER ACCEPTABLE TO THE
LOCAL USFJ REPRESENTATIVE AT NO EXPENSE TO THE USG.
8. THAT THE IMMEDIATE AREA SHALL BE RESTORED TO ITS ORIGINAL OR
BETTER CONDITION UPON COMPLETION OF CONSTRUCTION.
9. THAT MAINTENANCE AND REPAIRS OF THE UTILITY LINES WITHIN THE
JOINT USE AREA SHALL BE PERMITTED BUT WITH PRIOR APPROVAL OF THE LOCAL
USFJ REPRESENTATIVE.
10. THAT THE USG SHALL NOT BE RESPONSIBLE FOR ANY INJURIES OR
DAMAGES TO PERSONS OR PROPERTIES WHICH MAY ARISE FROM OR BE INCIDENT TO
THE CONSTRUCTION ACTIVITIES. THE GOJ SHALL INCLUDE ADEQUATE LIABILITY
PROVISION IN ITS CONSTRUCTION CONTRACTS TO PROTECT THIRD PARTIES AGAINST
DAMAGES OR INJURY ARISING FROM THE CONTRACTOR'S OPERATIONS.
11. THAT ALL CONSTRUCTION MUST BE IN COMPLIANCE WITH GOJ,
PREFECTURAL, AND LOCAL ENVIRONMENTAL REGULATIONS AND LAWS, AND THE USG
SHALL NOT BE RESPONSIBLE FOR SAID COMPLIANCE.
12. THAT ALL LOCAL USFJ REGULATIONS SHALL BE COMPLIED WITH.
13. THAT THIS JOINT USE IS EFFECTIVE 15 MARCH 1976 AND SHALL
CONTINUE TO EFFECT UNTIL TERMINATED:
A. USFJ RELEASE OF THE PERTINENT PORTION OF FACILITY TO THE GOJ.
B. MUTUAL CONSENT OF BOTH PARTIES.
C. EITHER PARTY SUBMITS SIX (6) MONTHS WRITTEN NOTICE.
D. USFJ TERMINATES BECAUSE OF NON-COMPLIANCE BY THE PETITIONER WITH
THE TERMS OF THE JOINT USE AGREEMENT.
E. USFJ TERMINATES FOR REASON OF MILITARY EMERGENCY DECLARED BY USFJ.
14. THAT IN THE EVENT OF TERMINATION OF THIS AGREEMENT PRIOR TO
RELEASE OF THE PERTINENT PORTION OF FACILITY TO THE GOJ, ALL NEW
CONSTRUCTION SHALL BE REMOVED AND THE AREA RESTORED TO THE SATISFACTION
OF THE LOCAL USFJ REPRESENTATIVE, OR REVERT TO THE CONTROL OF USFJ.
15. THAT THIS AGREEMENT MAY BE REVISED OR AMENDED AS MUTUALLY
AGREED. SUCH AMENDMENT SHALL BE PREPARED AS AN ADDENDUM, SEQUENTIALLY
NUMBERED AND ATTACHED HERETO AND MADE A PART HEREOF.
16. THAT THE USFJ REPRESENTATIVE FOR LOCAL LEVEL COORDINATION AND
APPROVAL FOR THIS JOINT USE IS THE DIRECTOR FOR FACILITIES ENGINEERING,
U.S. ARMY GARRISON, OKINAWA OR HIS DESIGNATED REPRESENTATIVE, AND THE
NAHA DFAB WILL ACT AS LIAISON BETWEEN THE LOCAL USFJ REPRESENTATIVE AND
THE JMSDF.
IN WITNESS WHEREOF, THE PARTIES HAVE HEREUNTO SET THEIR HANDS.
U.S. ARMY JAPAN
FOR THE COMMANDER. (SIGNATURE OMITTED)
GARY C. CARLSON
1LT, AGC
ASST AG
. . .
USFJ REPRESENTATIVE
DATE 25 MAR 1976
GOVERNMENT OF JAPAN (LINE ILLEGIBLE) (LINE ILLEGIBLE)
. . .
NAHA DFAB JMSDF
REPRESENTATIVE REPRESENTATIVE
DATE 28 JUN 1976 DATE 11 JUN 1976
EXHIBIT JMSDF AREA (EXHIBIT OMITTED)
GERMANY, FEDERAL REPUBLIC OF 13 SEP 1976 FLITE DOCUMENT NO. 7950069
AGREEMENT EXECUTED 27 AUGUST AND 13 SEPTEMBER 1976.
AGREEMENT REGARDING JOINT USE OF ROOMS, AREAS, AND FACILITIES WITHIN
THE AREA OF THE GARRISON FIRING RANGE, BAYREUTH.
THE FEDERAL REPUBLIC OF GERMANY, REPRESENTED BY THE FEDERAL MINISTER
OF DEFENSE, BE REPRESENTED BY MILITARY DISTRICT ADMINISTRATION VI IN
MUNICH, THE LATTER REPRESENTED BY GARRISON ADMINISTRATION BAYREUTH,
THE US FORCES IN EUROPE, REPRESENTED BY THE DEPUTY CHIEF OF STAFF FOR
LOGISTICS (LCSLOG), HQ USAREUR AND SEVENTH ARMY,
(1) THE FOLLOWING ROOMS, AREAS AND FACILITIES ARE MADE AVAILABLE BY
THE FEDERATION TO THE US FORCES (1ST SQUADRON, 2D ARMORED CAVALRY
REGIMENT) WITHIN THE AREA OF THE GARRISON FIRING RANGE BAYREUTH:
1 PISTOL RANGE
1 RIFLE RANGE
TO BE JOINTLY USED FOR THE PURPOSE OF FIRING PRACTICE.
(2) THE FACILITIES ARE MADE AVAILABLE UNDER THE CONDITION THAT THE
FEDERATION AT ANY TIME HAS PRIORITY USER RIGHTS REGARDING THE LISTED
OBJECTS AND MOVABLE ITEMS. THE US FORCES HAVE TO MAKE SURE THAT DUTY
OPERATIONS ARE NOT DISTURBED ON ACCOUNT OF THE JOINT USE.
(1) THE OBLIGATION OF THE FEDERATION OF MAKING AVAILABLE THE OBJECTS
OF THE AGREEMENT IN ACCORDANCE WITH ARTICLE 1 AND THE CONDITIONS LISTED
BELOW WILL BECOME EFFECTIVE UPON SIGNATURE OF THE AGREEMENT BY BOTH
PARTIES THERETO.
(2) THE AGREEMENT IS VALID UNTIL FURTHER NOTICE. THE AGREEMENT
PARTIES CAN TERMINATE THE AGREEMENT WITH A 1-MONTH PERIOD OF NOTICE TO
THE END OF A CALENDAR QUARTER.
(3) IF SECURITY MATTERS OR URGENT MILITARY INTERESTS SO NECESSITATE,
THE FEDERATION IS ENTITLED TO TERMINATE THE AGREEMENT WITH A 30-DAY
PERIOD OF NOTICE. THE US FORCES DO NOT HAVE THE RIGHT TO DETERMINE
WHETHER OR NOT THE CONDITIONS SET FORTH IN THE PRECEDING SENTENCE DO
PREVAIL. THEY CANNOT RAISE CLAIMS AGAINST THE FEDERATION IF NOTICE OF
TERMINATION IS GIVEN IN ACCORDANCE WITH SENTENCE 1 OF THIS SUBPARAGRAPH.
(4) THE NOTICE OF TERMINATION HAS TO BE MADE IN WRITING.
(1) THE US FORCES MAKE USE OF THE OBJECTS OF THE AGREEMENT IN THE
CONDITION AS FOUND. THEY ARE OBLIGATED TO TAKE GOOD CARE OF THE OBJECTS
OF THE AGREEMENT AND TO AVOID DAMAGES OF ALL KIND TO THE GREATEST
POSSIBLE EXTENT. THE FEDERATION DOES NOT GUARANTEE FOR A CERTAIN SIZE
AND CONDITION AND FOR VISIBLE AND INVISIBLE DEFICIENCIES OF THE OBJECT
OF THE AGREEMENT.
(2) CONSTRUCTIONAL CHANGES AS WELL AS THE CONSTRUCTION OF ADDITIONAL
BUILDINGS BY THE US FORCES REQUIRE PRIOR APPROVAL OF THE FEDERATION. IF
THE US FORCES PERFORM CONSTRUCTIONAL CHANGES OR CONSTRUCT ADDITIONAL
BUILDINGS, THEY HAVE TO REMOVE THEM AT THEIR EXPENSE UPON TERMINATION OF
THE AGREEMENT IF THE FEDERATION SO REQUIRES, OR HAVE TO LEAVE THEM IN
PLACE WITHOUT COMPENSATION THEREFOR.
(1) THE FEDERATION IS ONLY LIABLE FOR THOSE DAMAGES OCCURRING DURING
THE JOINT USE OF THE BUNDESWEHR FACILITIES BY THE US FORCES, WHICH ARE
CAUSED BY EMPLOYEES OF THE FEDERATION IN EXECUTION OF THEIR OFFICIAL
DUTIES, EITHER INTENTIONALLY OR THROUGH GROSS NEGLIGENCE. EMPLOYEES OF
THE FEDERATION CANNOT BE HELD LIABLE IF THEY ACTED IN EXECUTION OF THEIR
OFFICIAL DUTIES.
(2) THE US FORCES RELIEVE THE FEDERATION AND HER EMPLOYEES FROM ALL
CLAIMS EXCEEDING THE LIABILITY SET FORTH IN PARAGRAPH (1), ABOVE, RAISED
BY EMPLOYEES OF THE US FORCES, OF THE FEDERATION OR BY THIRD PARTIES.
THIS OBLIGATION ALSO EXTENDS TO CLAIMS FOR PENSION AND TO CLAIMS WHICH
ARE BROUGHT TO BEAR ON ACCOUNT OF DEVOLUTION (E.G. PARAGRAPH 1542 RVO
AND 67 VVG).
(3) THE US FORCES ARE LIABLE TO THE FEDERATION AND HER EMPLOYEES FOR
ALL DAMAGES CAUSED BY THEM, THEIR EMPLOYEES OR AGENTS AS A RESULT OF OR
ON THE OCCASION OF THE JOINT USE OF THE BUNDESWEHR FACILITIES, WITH
RESERVATION AS TO THE SPECIFICATIONS OF ARTICLE VIII, NATO SOFA, AND
ARTICLE 41 OF THE SUPPLEMENTARY AGREEMENT THERETO.
ACCIDENT PREVENTION (OPERATIONAL SAFEGUARD), TECHNICAL SECURITY, RULE
OF THE HOUSE
(1) THE US FORCES ARE OBLIGATED TO TAKE CARE OF ACCIDENT PREVENTION
THEMSELVES. THEY MUST ALSO OBSERVE REGULATIONS PERTAINING TO ACCIDENT
PREVENTION (OPERATIONAL SAFEGUARD), BUNDESWEHR INSTRUCTIONS AND
TECHNICAL SECURITY PROVISIONS AND DIRECTIONS ISSUED FOR THIS BUNDESWEHR
FACILITY. THIS INCLUDES ESPECIALLY THE INSTRUCTIONS ON FIRE PREVENTION
AND FIRE FIGHTING AS WELL AS THE PROHIBITION OF MISAPPROPRIATION OR
HANDLING OF BUNDESWEHR EQUIPMENT, AMMUNITION, OR COMPONENTS THEREOF.
(2) THE FEDERATION IS ENTITLED TO INSPECT THE TECHNICAL PERFORMANCE
OF THE JOINT USE AND TO REQUEST AN IMMEDIATE TERMINATION OF JOINT USE AS
FAR AS THIS IS REQUIRED IN ORDER TO GUARANTEE TECHNICAL SECURITY AND
OPERATIONAL SAFEGUARD.
CHANGES TO THE AGREEMENT MUST BE MADE IN WRITING.
THIS AGREEMENT IS MADE IN FIVE COPIES; DISTRIBUTION IS MADE TO:
GARRISON ADMINISTRATION BAYREUTH
1ST SQUADRON, 2D ARMORED CAVALRY REGIMENT
GARRISON SENIOR OFFICER, BAYREUTH
MILITARY DISTRICT ADMINISTRATION VI
HQ USAREUR AND SEVENTH ARMY (DCSLOG)
BAYREUTH, 27. 8. 1976 (SEAL OMITTED)
. . .
(SETH)
REGIERUNGSOBERAMTSRAT
HEIDELBERG, . . .
FOR THE US FORCES IN EUROPE:
13 SEP 1976
GENE F. WILSON
COL, GS
C, PLANS & OPS DIV
ODCSLOG, USAREUR
GERMANY, FEDERAL REPUBLIC OF 14 FEB 1975 FLITE DOCUMENT NO. 7950068
AGREEMENT EXECUTED 14 FEBRUARY 1975.
AGREEMENT REGARDING DEVELOPMENT AND ACQUISITION OF THE AIM-9K
SIDEWINDER AIR-TO-AIR MISSILE.
1. THE U.S. NAVY, AS THE DEVELOPMENT AND ACQUISITION AGENCY FOR THE
AIM-9L SIDEWINDER AIR-TO-AIR MISSILE, IN COORDINATION WITH THE UNITED
STATES AIR FORCE, AND IN CONSONANCE WITH THE DIRECTION AND GUIDANCE OF
THE OFFICE OF THE SECRETARY OF DEFENSE, UNITED STATES OF AMERICA, AND
THE MINISTRY OF DEFENSE, FEDERAL REPUBLIC OF GERMANY 0FRG), DO BOTH
HEREBY ACKNOWLEDGE THAT A COMMON INTEREST EXISTS TO PROVIDE THE ARMED
FORCES OF OUR RESPECTIVE NATIONS WITH A SHORT RANGE, AIR-TO-AIR MISSILE
FOR USE DURING THE LATTER PART OF THE 1970 DECADE AND INTO THE 1980
DECADE. IT IS THE PURPOSE OF THIS AGREEMENT TO RECORD WHAT HAS BEEN
MUTUALLY AGREED UPON TO SERVE AS A BASIS FOR NECESSARY ACTIONS WHICH
MUST FOLLOW IN ORDER TO ACHIEVE THE GOAL. THE FOLLOWING AGREEMENTS HAVE
BEEN REACHED:
A. THE U.S. AIM-9L SIDEWINDER MISSILE WILL BE INTRODUCED BOTH IN THE
U.S. AND THE FRG, SUBJECT ONLY TO THE DECISION BY THE U.S.A. TO PRODUCE
THE AIM-9L AND THE ATTENDANT DESIGNATION BY THE SECRETARY OF DEFENSE,
THAT THE AIM-9L WILL BE THE PRIMARY COMMON SHORT RANGE AIR-TO-AIR
MISSILE FOR THE U.S. AIR FORCE AND THE U.S. NAVY, UNTIL A FOLLOW-ON
MODEL OF THE MISSILE MAY BE DEVELOPED AND APPROVED FOR PRODUCTION.
B. THE FEDERAL REPUBLIC OF GERMANY WILL TERMINATE THE DEVELOPMENT OF
THE VIPER SHORT RANGE AIR-TO-AIR MISSILE, AND IN FAVOR OF EQUIPMENT
STANDARDIZATION PURCHASE THE AIM-9L SIDEWINDER FROM THE UNITED STATES
AND/OR COPRODUCE ALL OR PART OF THE AIM-9L SIDEWINDER IN THE FRG. IN
CASE OF MISSILE PRODUCTION IN THE FRG, THE U.S. WILL AGREE TO FAIR AND
REASONABLE CONDITIONS.
C. SUBSEQUENT TO THE DECISION OF THE U.S. (TEXT ILLEGIBLE) THE
AIM-9L, THE U.S. NAVY WILL FURNISH THE MINISTRY OF DEFENSE OF THE
FEDERAL REPUBLIC OF GERMANY A COMPLETE PRODUCTION DATA PACKAGE, AND WILL
MAKE AVAILABLE THE TECHNICAL SUPPORT REQUIRED TO ESTABLISH AN AIM-9L
PRODUCTION CAPABILITY WITHIN THE FRG. TIME AND EXTENT OF THESE MEASURES
WILL BE DETERMINED UPON MUTUAL AGREEMENT. IT IS RECOGNIZED THAT THERE
IS A MANDATORY REQUIREMENT FOR INTRODUCTION OF AN INITIAL QUANTITY OF
MISSILES IN THE GERMAN AIR FORCE BY MID-1978.
D. THE U.S. NAVY WILL MAKE EVERY EFFORT TO ASSIST THE FRG IN
ACHIEVING THIS OBJECTIVE. FOR THIS PURPOSE FRG ENGINEERS WILL BE
WELCOME TO PARTICIPATE AS MEMBERS OF THE AIM-9L MANAGEMENT TEAM AT NAVAL
WEAPONS CENTER (NWC), CHINA LAKE.
E. THE FRG'S PURCHASE OF AIM-9L MISSILES FROM U.S. PRODUCTION WILL
NOT EXCEED ESTABLISHED PRODUCTION QUANTITIES, NOR SIGNIFICANTLY IMPACT
UPON PLANNED U.S. INVENTORY PURCHASES, UNLESS FRG REQUIREMENTS ARE MADE
KNOWN PRIOR TO DSARC III.
2. BASED ON THE POSSIBILITY THAT THE INDICATED MISSILE WILL NOT BE
ACCEPTED BY THE UNITED STATES FOR USE BY THE ARMED FORCES OF THE U.S.,
THE FOLLOWING SHALL DEFINE THOSE EFFORTS WHICH WILL BE MUTUALLY
UNDERTAKEN TO PROVIDE THE FEDERAL REPUBLIC OF GERMANY WITH A VIABLE
ALTERNATIVE SHORT RANGE AIR-TO-AIR MISSILE:
A. DURING THE PERIOD FROM THE DATE OF THIS AGREEMENT TO THE DATE ON
WHICH THE UNITED STATES DEPARTMENT OF DEFENSE REACHES A DECISION ON
INITIAL PRODUCTION OF THE AIM-9L SIDEWINDER, THE U.S. NAVY WILL PROVIDE
TECHNICAL FACILITIES AND ASSISTANCE AT THE NAVAL WEAPONS CENTER, CHINA
LAKE, CALIFORNIA, FOR THOSE REPRESENTATIVES SO DESIGNATED BY THE
MINISTRY OF DEFENSE OF THE FEDERAL REPUBLIC OF GERMANY, TO TEST AND
EVALUATE THE SEEKER AND ITS ASSOCIATED MECHANISM THAT WAS DEVELOPED BY
THE FRG DURING THE VIPER PROGRAM. THE SCOPE AND EXTENT OF TEST AND
EVALUATION FACILITIES REQUIRED, TECHNICAL ASSISTANCE, AND CONDUCT OF
SAID TEST AND EVALUATION SHALL BE MUTUALLY AGREED TO BY THE DESIGNATED
FRG REPRESENTATIVES AND THE U.S. NAVY COMMANDER, NAVAL WEAPONS CENTER,
CHINA LAKE, CALIFORNIA. THE U.S. NAVY HAS NO FUNDS PROGRAMMED FOR THIS
SPECIFIC FRG-U.S. EFFORT. ALL DATA AND RESULTS OF SUCH TESTS SHALL BE
MADE AVAILABLE TO THE MINISTRY OF DEFENSE OF THE FEDERAL REPUBLIC OF
GERMANY AND THE U.S. NAVY.
B. DURING THE SAME PERIOD, THE U.S. NAVY COMMANDER, NAVAL WEAPONS
CENTER WILL PROVIDE SUCH DESIGN DATA, DRAWINGS, AND TECHNICAL ASSISTANCE
AS ARE NEEDED BY THE FRG SIDE TO DETERMINE THE REQUIRED DEVELOPMENT AND
ENGINEERING NECESSARY FOR INTEGRATION OF THE VIPER SEEKER INTO THE
AIM-9H SIDEWINDER (THIS COMBINATION TO BE HEREINAFTER REFERRED TO AS
SIDEWINDER ALASCA).
C. THE U.S. NAVY AGREES TO PROVIDE THE MINISTRY OF DEFENSE OF THE
FEDERAL REPUBLIC OF GERMANY WITH THE DESIGN DATA PACKAGE (LESS SEEKER
HEAD) FOR THE AIM-9H SIDEWINDER MISSILE FOR USE IN PRODUCTION, ALL OR
PART, AS DESIRED, OF THE SIDEWINDER ALASCA PROGRAM IN THE EVENT THE
AIM-9L IS NOT SELECTED BY THE U.S. FOR ITS ARMED FORCES. BESIDES THIS
IT IS UNDERSTOOD THAT THERE IS A GENERAL INTEREST TO VERIFY THE RESULTS
OF THE EVALUATION OF THE "SIDEWINDER ALASCA" HARDWARE TO INCLUDE FLIGHT
TRIALS AND TO MAKE AVAILABLE THOSE RESULTS FOR FUTURE DEVELOPMENT
EFFORTS.
3. DURING THE PERIOD OF EFFECTIVENESS OF THIS AGREEMENT, THE U.S.
NAVY WILL MAKE AVAILABLE TO THE MINISTRY OF DEFENSE OF THE FEDERAL
REPUBLIC OF GERMANY THE TECHNICAL AND PERFORMANCE DATA FOR AIM-9L AS
NECESSARY TO PERMIT THE FRG TO ASSESS THE RESULTS OF ALL AIM-9L TESTING.
4. THE U.S. NAVY AND THE MINISTRY OF DEFENSE OF THE FEDERAL REPUBLIC
OF GERMANY WILL EACH DESIGNATE A PROJECT OFFICER WHO WILL SERVE AS THE
PRINCIPAL POINT OF CONTACT FOR HIS GOVERNMENT AND WHO WILL COORDINATE
THE ACTIVITIES COVERED UNDER THIS AGREEMENT. THE FRG INTENDS TO PROVIDE
PERSONNEL AT THE NAVAL WEAPONS CENTER, CHINA LAKE, CALIFORNIA, FOR THE
PURPOSE OF DIRECT PARTICIPATION IN THE SIDEWINDER ALASCA PROGRAM. AT
LEAST ONE PARTICIPANT SHALL BE A MEMBER OF THE FRG GOVERNMENT SERVICE.
ADDITIONALLY, THE FRG MAY PROVIDE PERSONNEL AS ACTIVE MEMBERS OF THE
AIM-9L MANAGEMENT TEAM AT THE NAVAL WEAPONS CENTER, CHINA LAKE,
CALIFORNIA. THE NUMBER OF PARTICIPATING FRG PERSONNEL AND THE
COMPOSITION THEREOF SHALL BE MUTUALLY AGREED UPON BY THE U.S. AND FRG
PROJECT OFFICERS.
5. COSTS OF THE DEVELOPMENT OF THE AIM-9L WILL BE BORNE BY THE
UNITED STATES. THE MINISTRY OF THE FEDERAL REPUBLIC OF GERMANY WILL BE
CHARGED FOR WORK CONDUCTED BY THE NAVAL WEAPONS CENTER, CHINA LAKE, IN
FURTHERANCE OF THE SIDEWINDER ALASCA PROJECT. THESE COSTS WILL BE
DETERMINED IN ACCORDANCE WITH PARAGRAPH X C-2 OF DOD DIRECTIVE 7410.4
(REGULATIONS GOVERNING INDUSTRIAL FUND OPERATIONS).
AS THE WORK UNDER THE ALASCA PROGRAM WILL BE DEFINED OR OTHERWISE
DETERMINED FROM TIME TO TIME, THE FRG WILL MAKE ADVANCE PAYMENTS TO THE
COMMANDER, NAVAL WEAPONS CENTER, CHINA LAKE, TO COVER THE FOREGOING
COSTS. THE SCHEDULE OF ADVANCES WILL BE DETERMINED BY THE FRG AND
COMMANDER, NAVAL WEAPONS CENTER, CHINA LAKE.
6. VISITS AND THE EXCHANGE OF INFORMATION RELATING TO THIS
COOPERATIVE PROJECT WILL BE EXECUTED IN ACCORDANCE WITH ESTABLISHED
PROCEDURES. CLASSIFIED INFORMATION OR MATERIAL EXCHANGED BETWEEN THE
UNITED STATES AND THE FEDERAL REPUBLIC OF GERMANY WILL BE AFFORDED THE
SAME DEGREE OF SECURITY PROTECTION GIVEN TO IT BY THE COUNTRY OF ORIGIN.
CONTRACTORS SPONSORED BY THE MINISTRY OF DEFENSE OF THE FEDERAL
REPUBLIC OF GERMANY WHO MAY BE ENGAGED IN THE AFOREMENTIONED COOPERATIVE
PROJECT WILL COMPLY WITH ALL EXISTING SECURITY REGULATIONS. THE
MINISTRY OF DEFENSE, FRG, WILL ENSURE THAT THE U.S. INFORMATION AFFORDED
FRG CONTRACTORS WILL BE FOR APPLICATION TO THE U.S.-FRG COOPERATIVE
PROJECT ONLY AND MUST IN NO INSTANCE BE USED FOR CONTRACTOR INDUSTRIAL
GAIN.
7. THIS AGREEMENT HAS BEEN EXECUTED FOR THE MUTUAL BENEFIT OF BOTH
COUNTRIES. IN CONSTITUTES A WORKING LEVEL AGREEMENT IN PRINCIPLE TO
PROSECUTE THE EVENTS DESCRIBED HEREIN. CONCERNED ARE THE FOLLOWING
MEASURES:
7.1. GERMAN PARTICIPATION IN THE U.S. MANAGEMENT TEAM AT THE
COMPLETION OF AIM-9L
DEVELOPMENT (SEE PARA 4).
7.2. IMPLEMENTATION OF ALASCA MISSILE SYSTEM TESTS, INCLUDING
INTEGRATION OF THE
BGT-SEEKER HEAD WITH AIM-9H (SEE PARA 2A).
7.3. GERMAN PARTICIPATION IN THE U.S. MANAGEMENT TEAM IN PREPARATION
OF PRODUCTION DATA IN
ORDER TO CONVEY KNOW HOW (SEE PARA 1D).
7.4. RELEASE OF PRODUCTION DATA BY THE U.S. SIDE AND NEGOTIATING OF
APPROPRIATE LICENSES
FOR AIM-9L AND AIM-9H (SEE PARA 1C AND 2C).
7.5. DELIVERY OF A FIRST LOT OF AIM-9L SERIES MISSILES BY THE U.S.
SIDE UNDER SPECIAL
PROVISIONS (SEE PARA 1C).
7.6. PURCHASE OF COMPONENTS FOR THE ENTIRE PROCUREMENT PROGRAM IN
THE U.S. UNDER SPECIAL
PROVISIONS (SEE PARA 1.B.).
THE MEASURES INDICATED UNDER ITEMS 7.2 THRU 7.6 REQUIRE FOR THEIR
IMPLEMENTATION ADDITIONAL AGREEMENTS BETWEEN THE GOVERNMENTS.
. . .
FOR THE FEDERAL MINISTER OF
DEFENSE, FEDERAL REPUBLIC OF
GERMANY
DATE: 14 FEBRUARY 1975
GREECE 15 APR 1976 FLITE DOCUMENT NO. 7950067
EXCHANGE OF LETTERS EXECUTED 7 APRIL, 10 APRIL AND 15 APRIL 1976.
EXCHANGE OF LETTERS REGARDING PRINCIPLES TO GUIDE FUTURE UNITED
STATES-GREEK DEFENSE COOPERATION.
ASSESSMENT THAT SINCE WE HAD NOT BEEN GIVEN A SATISFACTORY ANSWER TO THE
MISSING IN ACTION THAT HE SAW NO PROSPECT OF NORMALIZING RELATIONS. AND
THEREFORE THE POLICY OF THE ADMINISTRATION IS AS THE PRESIDENT EXPRESSED
IT IN HAWAII IN DECEMBER. AS WE'VE REPEATED SINCE, WE'RE PREPARED TO
TALK TO NORTH VIET-NAM, BUT THE ABSOLUTE PRECONDITION BEFORE CONSIDERING
ANY OTHER MOVE IS AN ACCOUNTING OF THE MISSING IN ACTION.
FOLLOWING IS THE TEXT OF A STATEMENT OF PRINCIPLES INITIALED AT
WASHINGTON ON APRIL 15 BY SECRETARY KISSINGER AND GREEK MINISTER OF
FOREIGN AFFAIRS DIMITRI S. BITSIOS, TOGETHER WITH THE TEXTS OF A LETTER
FROM FOREIGN MINISTER BITSIOS TO SECRETARY KISSINGER DATED APRIL 7 AND
SECRETARY KISSINGER'S REPLY DATED APRIL 10.
STATEMENT OF PRINCIPLES
1. THE GOVERNMENTS OF THE UNITED STATES OF AMERICA AND GREECE WILL
COMPLETE AS SOON AS POSSIBLE A NEW DEFENSE COOPERATION AGREEMENT TO
REPLACE THE 1953 UNITED STATES-GREEK MILITARY FACILITIES AGREEMENT AND
OTHER RELATED AGREEMENTS. THE UNITED STATES GOVERNMENT WILL SUBMIT THIS
AGREEMENT TO CONGRESS FOR APPROVAL.
2. THE NEW AGREEMENT WILL BE DESIGNED TO MODERNIZE THE UNITED
STATES-GREEK DEFENSE RELATIONSHIP REFLECTING THE TRADITIONALLY CLOSE
ASSOCIATION BETWEEN THE UNITED STATES AND GREECE AND THE MUTUALITY OF
THEIR DEFENSE INTERESTS IN THE NORTH ATLANTIC ALLIANCE.
3. THIS NEW AGREEMENT WILL DEFINE THE STATUS AND SET FORTH THE TERMS
FOR OPERATIONS OF MILITARY INSTALLATIONS IN GREECE WHERE UNITED STATES
PERSONNEL ARE PRESENT. IT WILL BE SIMILAR TO THE UNITED STATES-TURKISH
AGREEMENT AND WILL EMBODY, INTER ALIA, THE FOLLOWING PRINCIPLES:
(A) EACH INSTALLATION WILL BE A GREEK MILITARY INSTALLATION UNDER A
GREEK COMMANDER.
(B) THE INSTALLATIONS SHALL SERVE ONLY PURPOSES AUTHORIZED BY THE
GOVERNMENT OF GREECE. THEIR ACTIVITIES SHALL BE CARRIED OUT ON THE
BASIS OF MUTUALLY AGREED PROGRAMS.
(C) THERE SHALL BE PARTICIPATION OF GREEK PERSONNEL UP TO 50% OF THE
TOTAL STRENGTH REQUIRED FOR AGREED JOINT TECHNICAL OPERATIONS AND
RELATED MAINTENANCE ACTIVITIES AND SERVICES OF THE FACILITIES AND THERE
SHALL BE PROVISIONS FOR THE TRAINING OF SUCH PERSONNEL FOR THIS PURPOSE.
(D) ALL INTELLIGENCE INFORMATION INCLUDING RAW DATA PRODUCED BY THE
INSTALLATIONS SHALL BE SHARED FULLY BY THE TWO GOVERNMENTS ACCORDING TO
MUTUALLY AGREED PROCEDURES. A JOINT USE PLAN FOR THE UNITED STATES
FORCES COMMUNICATIONS SYSTEM IN GREECE SHALL BE AGREED UPON.
(E) THE AGREEMENT SHALL REMAIN IN EFFECT FOR FOUR YEARS AND THERE
SHALL BE PROVISIONS FOR THE TERMINATION THEREOF BEFORE ITS EXPIRATION,
AS WELL AS FOR ITS RENEWAL.
(F) WITHIN THIS FRAMEWORK THERE SHALL BE ANNEXES TO THIS AGREEMENT
COVERING EACH MAJOR INSTALLATION (NEA MAKRI, SOUDA BAY, IRAKLION), THE
UNITED STATES ELEMENT AT THE HELLINIKON GREEK AIR FORCE BASE, AS WELL AS
ANNEXES DEALING WITH STATUS OF FORCES (SOFA), AND COMMAND AND CONTROL.
(G) THE ANNEX COVERING SOUDA BAY WILL BE A REVISION OF THE 1959 SOUDA
BAY AGREEMENT. MEANWHILE IT IS UNDERSTOOD THAT UNITED STATES OPERATIONS
AT THIS AIRFIELD WILL BE IN ACCORDANCE WITH THE 1959 AGREEMENT.
(H) IT IS UNDERSTOOD THAT, PENDING THE CONCLUSION OF THE NEW
AGREEMENT WITHIN A REASONABLE TIME, UNITED STATES OPERATIONS NOW BEING
CONDUCTED FROM FACILITIES IN GREECE, WHICH SERVE MUTUAL DEFENSE
INTERESTS, WILL BE ALLOWED TO CONTINUE.
4. AS AN INTEGRAL PART OF THE NEW DEFENSE COOPERATION AGREEMENT,
PROVISION WILL BE MADE FOR A FOUR-YEAR COMMITMENT TO GREECE OF MILITARY
ASSISTANCE TOTALING 700 MILLION DOLLARS, A PART OF WHICH WILL BE GRANT
AID. THIS COMMITMENT WILL BE DESIGNED TO FURTHER DEVELOP THE DEFENSE
PREPAREDNESS OF GREECE AND MEET ITS DEFENSE NEEDS IN PURSUIT OF NORTH
ATLANTIC ALLIANCE GOALS.
WASHINGTON, APRIL 15, 1976.
FOREIGN MINISTER BITSIOS' LETTER, APRIL 7
DEAR MR. SECRETARY: AS YOU ARE AWARE, THE SIGNING OF A NEW DEFENSE
COOPERATION AGREEMENT BETWEEN THE UNITED STATES AND TURKEY CREATES
PROBLEMS AND RAISES SERIOUS APPREHENSIONS IN GREECE. IN LIGHT OF THIS
DEVELOPMENT, I WILL WANT TO DISCUSS WITH YOU HOW WE SHOULD DEAL WITH THE
STATUS OF AMERICAN FACILITIES IN GREECE.
MEANWHILE, I WOULD APPRECIATE HAVING YOUR POSITION ON THE UNITED
STATES ATTITUDE TOWARD THE RESOLUTION OF DISPUTES IN THE EASTERN
MEDITERRANEAN AND PARTICULARLY ON THE DANGER OF A SERIOUS DETERIORATION
IN THE SITUATION IN THE AEGEAN. I WOULD ALSO LIKE TO KNOW IN WHAT WAY
THE UNITED STATES GOVERNMENT ENVISIONS ITS AGREEMENT WITH TURKEY AS
CONTRIBUTING TO THE ACHIEVEMENT OF A SPEEDY AND JUST SOLUTION TO THE
CYPRUS QUESTION IN LIGHT OF PREVIOUS ASSURANCES THAT THE UNITED STATES
WOULD MAKE A MAJOR EFFORT TO THIS EFFECT.
I BELIEVE YOUR RESPONSES TO THESE QUESTIONS WILL ASSIST MY GOVERNMENT
IN FORMULATING ITS POLICY. I HOPE THEY WILL BE ADEQUATE TO DISSIPATE
OUR CONCERN TO BE BENEFIT OF BOTH OUR COUNTRIES AND THE WESTERN ALLIANCE
AS A WHOLE.
SECRETARY KISSINGER'S LETTER, APRIL 10
DEAR MR. MINISTER: THANK YOU FOR YOUR LETTER OF APRIL 7 IN WHICH YOU
POSED SOME QUESTIONS REGARDING UNITED STATES POLICY IN THE EASTERN
MEDITERRANEAN. I WELCOME THIS OPPORTUNITY TO MAKE OUR POSITION CLEAR
WITH REGARD TO THESE ISSUES.
YOU HAVE ASKED ABOUT OUR ATTITUDE TOWARD THE RESOLUTION OF DISPUTES
IN THE EASTERN MEDITERRANEAN AND PARTICULARLY IN THE AEGEAN AREA. IN
THIS REGARD I SHOULD LIKE TO REITERATE OUR CONVICTION THAT THESE
DISPUTES MUST BE SETTLED THROUGH PEACEFUL PROCEDURES AND THAT EACH SIDE
SHOULD AVOID PROVOCATIVE ACTIONS. WE HAVE PREVIOUSLY STATED OUR BELIEF
THAT NEITHER SIDE SHOULD SEEK A MILITARY SOLUTION TO THESE DISPUTES.
THIS REMAINS UNITED STATES POLICY. THEREFORE THE UNITED STATES WOULD
ACTIVELY AND UNEQUIVOCALLY OPPOSE EITHER SIDE'S SEEKING A MILITARY
SOLUTION AND WILL MAKE A MAJOR EFFORT TO PREVENT SUCH A COURSE OF
ACTION.
I SHOULD LIKE TO RE-EMPHASIZE, WITH REGARD TO CYPRUS, THAT THE UNITED
STATES REMAINS FULLY COMMITTED TO THE OBJECTIVE OF AN EARLY AND JUST
SETTLEMENT OF THIS ISSUE. AS I SAID IN MY UNITED NATIONS ADDRESS, THE
PRESENT DIVIDING LINES IN CYPRUS CANNOT BE PERMANENT. THERE MUST BE
JUST TERRITORIAL ARRANGEMENTS. WE INTEND TO CONTRIBUTE ACTIVELY IN THE
SEARCH FOR A SOLUTION TO THE CYPRUS PROBLEM THAT WILL PRESERVE THE
INDEPENDENCE, SOVEREIGNTY AND TERRITORIAL INTEGRITY OF CYPRUS.
WITH REGARD TO THE DEFENSE RELATIONSHIP BETWEEN GREECE AND THE UNITED
STATES, I BELIEVE IT WOULD BE USEFUL IF YOU COULD COME TO WASHINGTON TO
DISCUSS THIS ISSUE IN DETAIL. I WOULD WELCOME AN OPPORTUNITY TO DISCUSS
WITH YOU OTHER SUBJECTS OF MUTUAL INTEREST AS WELL. AT THAT TIME WE
COULD AGREE ON THE FRAMEWORK OF A NEW DEFENSE COOPERATION AGREEMENT
BETWEEN THE UNITED STATES AND GREECE THAT WOULD BENEFIT BOTH OF OUR
COUNTRIES AND CONTRIBUTE TO THE MAINTENANCE OF PEACE AND SECURITY IN THE
EASTERN MEDITERRANEAN.
WARM REGARDS,
/1/ TEXTS FROM PRESS RELEASE 180 DATED APR. 15.
ISRAEL 22 SEP 1976 FLITE DOCUMENT NO. 7950066
CREDIT AGREEMENT/RELEASE EXECUTED 22 SEPTEMBER 1976.
CREDIT AGREEMENT/RELEASE WITH RESPECT TO DEFENSE ARTICLES AND DEFENSE
SERVICES.
MR. J. CIECHANOVER
GOVERNMENT OF ISRAEL
MINISTRY OF DEFENSE
SUITE 607
850 THIRD AVENUE
NEW YORK, NEW YORK 10022
DEAR MR. CIECHANOVER:
PURSUANT TO THE AUTHORITY OF THE FOREIGN MILITARY SALES ACT (PUBLIC
LAW 90-629), APPROVED OCTOBER 22, 1968, AS AMENDED, BY THE INTERNATIONAL
SECURITY ASSISTANCE AND ARMS EXPORT CONTROL ACT OF 1976, APPROVED JUNE
30, 1976, THE UNITED STATES GOVERNMENT HAS EXTENDED $100 MILLION IN
DIRECT CREDITS TO THE GOVERNMENT OF ISRAEL. THE CREDIT AGREEMENT,
IS-765, WAS CONSUMMATED BETWEEN OUR TWO GOVERNMENTS ON 22 SEPTEMBER
1976.
THE LAST SENTENCE OF SECTION 31(C) OF THE ARMS EXPORT CONTROL ACT
PROVIDES THAT ISRAEL SHALL BE RELEASED FROM THE CONTRACTUAL LIABILITY TO
REPAY THE UNITED STATES GOVERNMENT WITH RESPECT TO DEFENSE ARTICLES AND
DEFENSE SERVICES SO FINANCED BY THE AFORESAID $100 MILLION IN CREDIT
FINANCING.
THIS LETTER IMPLEMENTS THE AFORESAID PROVISION OF THE ACT AND
CONSTITUTES THE OFFICIAL NOTIFICATION THAT THE GOVERNMENT OF ISRAEL IS
HEREBY RELEASED FROM THE CONTRACTUAL LIABILITY TO REPAY THE GOVERNMENT
OF THE UNITED STATES FOR THE PRINCIPAL AMOUNT OF CREDIT EXTENDED TO
ISRAEL, AS WELL AS THE RELATED INTEREST, PURSUANT TO THE AFORESAID
CREDIT AGREEMENT. ACCORDINGLY, NOTWITHSTANDING THE PROVISIONS OF THE
AFORESAID CREDIT AGREEMENT, THE GOVERNMENT OF ISRAEL IS NOT REQUIRED TO
ISSUE PROMISSORY NOTES THEREUNDER.
(TEXT ILLEGIBLE)
RECEIPT ACKNOWLEDGED:
FOR THE GOVERNMENT OF ISRAEL
. . .
BY J. CIECHANOVER
DIRECTOR, MINISTRY OF DEFENSE
MISSION TO THE UNITED STATES
CREDIT AGREEMENT, MADE AND ENTERED INTO THE 22ND DAY OF SEPTEMBER
1976, BETWEEN THE GOVERNMENT OF ISRAEL, REPRESENTED BY ITS MINISTRY OF
DEFENSE, AND THE GOVERNMENT OF THE UNITED STATES OF AMERICA, REPRESENTED
BY THE DEPARTMENT OF DEFENSE OF THE UNITED STATES OF AMERICA.
WHEREAS, THE GOVERNMENT OF ISRAEL (HEREINAFTER SOMETIMES REFERRED TO
AS THE "BORROWER") DESIRES TO ENTER OR HAS ENTERED, INTO PURCHASE
CONTRACTS (HEREINAFTER REFERRED TO AS "PURCHASE ARRANGEMENTS") WITH THE
MILITARY DEPARTMENTS AND AGENCIES OF THE UNITED STATES DEPARTMENT OF
DEFENSE (HEREINAFTER REFERRED TO AS "DOD") AND/OR VARIOUS UNITED STATES
COMMERCIAL SUPPLIERS FOR THE PURCHASE OF DEFENSE ARTICLES AND DEFENSE
SERVICES OF UNITED STATES ORIGIN (HEREINAFTER COLLECTIVELY REFERRED TO
AS "DEFENSE ITEMS"); AND
WHEREAS, THE BORROWER HAS REQUESTED THE GOVERNMENT OF THE UNITED
STATES OF AMERICA (HEREINAFTER SOMETIMES REFERRED TO AS THE "LENDER") TO
FINANCE PAYMENTS REQUIRED TO BE MADE BY THE BORROWER UNDER THE PURCHASE
ARRANGEMENTS; AND
WHEREAS, THE AFORESAID REQUESTED CREDIT WILL FACILITATE THE PURPOSES
OF THE UNITED STATES ARMS EXPORT CONTROL ACT, AS AMENDED;
NOW THEREFORE, IN CONSIDERATION OF THE PREMISE AND THE MUTUAL
COVENANTS HEREINAFTER SET FORTH, AND IN IMPLEMENTATION OF, AND SUBJECT
TO THE PROVISIONS OF THE MUTUAL DEFENSE ASSISTANCE AGREEMENT BETWEEN THE
GOVERNMENT OF ISRAEL AND THE GOVERNMENT OF THE UNITED STATES OF AMERICA,
DATED JULY 23, 1952, THE PARTIES HERETO AGREE AS FOLLOWS:
1. SUBJECT TO THE TERMS AND CONDITIONS HEREOF, THE LENDER AGREES TO
MAKE LOANS TO THE BORROWER FROM TIME TO TIME IN AN AGGREGATE PRINCIPAL
AMOUNT UP TO BUT NOT EXCEEDING $100,000,000 (HEREINAFTER CALLED THE
"COMMITMENT").
2. THE AFORESAID COMMITMENT SHALL BE AVAILABLE ONLY TO FINANCE THE
PURCHASE OF DEFENSE ITEMS BY THE BORROWER PURSUANT TO PURCHASE
ARRANGEMENTS AUTHORIZED FOR SUCH FINANCING BY DOD WHICH ARE ENTERED INTO
BY THE BORROWER ON OR BEFORE 31 DECEMBER 1977. EACH AUTHORIZATION FOR
THE BORROWER TO ENTER INTO A PURCHASE ARRANGEMENT IN IMPLEMENTATION OF
THIS CREDIT AGREEMENT SHALL BE SEPARATELY COMMUNICATED BY DOD IN WRITING
TO THE BORROWER, WHICH AUTHORIZATION SHALL SPECIFY THE DEFENSE ITEMS AND
THE AMOUNT OF CREDIT AUTHORIZED FOR THAT PURCHASE ARRANGEMENT. THE
BORROWER SHALL INCORPORATE INTO EACH SUCH PURCHASE ARRANGEMENT WITH
COMMERCIAL SUPPLIERS THE PROVISIONS OF ANNEX A HERETO AND ATTACH AS AN
EXHIBIT TO THE PURCHASE ARRANGEMENT A TRUE COPY OF THE APPLICABLE
AFORESAID AUTHORIZATION AND OF PARAGRAPH 9 OF THIS CREDIT AGREEMENT.
3. EACH LOAN HEREUNDER BY THE LENDER SHALL BE MADE IN ACCORDANCE
WITH THE FOLLOWING PROCEDURES:
(A) EACH LOAN SHALL BE MADE ON SUCH DATE (HEREINAFTER REFERRED TO AS
A "DISBURSEMENT DATE,) AS MAY BE DESIGNATED BY THE BORROWER FROM TIME TO
TIME UPON TEN (10) DAYS WRITTEN NOTICE BY THE BORROWER TO THE LENDER.
(B) EACH NOTICE SHALL SPECIFY THE AMOUNT OF THE LOAN TO BE MADE BY
THE LENDER ON THE DISBURSEMENT DATE, AND SHALL SPECIFY THE SUPPLIER OR
SUPPLIERS (INCLUDING THE MILITARY DEPARTMENT OR AGENCIES OF DOD) TO WHOM
THE DISBURSEMENT IS TO BE REMITTED BY THE LENDER.
(C) EACH NOTICE SHALL BE SENT TO THE COMPTROLLER, DEFENSE SECURITY
ASSISTANCE AGENCY, THE PENTAGON, WASHINGTON, D.C. 20301.
(D) IN THE CASE OF DISBURSEMENTS REQUESTED TO BE MADE TO COMMERCIAL
SUPPLIERS, THE INVOICES SHALL BE PREPARED IN ACCORDANCE WITH THE
PROCEDURE SET FORTH IN ANNEX A HERETO.
(E) IN THE CASE OF DISBURSEMENTS REQUESTED TO BE MADE TO THE MILITARY
DEPARTMENTS AND AGENCIES OF DOD, THE NOTICES SHALL HAVE ANNEXED THERETO
COPIES OF THE PAYMENT REQUEST RECEIVED BY THE BORROWER FROM SUCH
MILITARY DEPARTMENT OR AGENCY AGAINST WHICH DISBURSEMENT IS REQUESTED.
(F) WITH EACH NOTICE, THE BORROWER SHALL CONCURRENTLY TRANSMIT TO THE
LENDER AT THE ADDRESS SET FORTH IN SUBPARAGRAPH (C) ABOVE OF THIS
PARAGRAPH A PROMISSORY NOTE SUBSTANTIALLY IN THE FORM OF ANNEX B HERETO
(WITH THE BLANKS APPROPRIATELY FILLED IN) RECITING THE OBLIGATION OF THE
BORROWER TO REPAY THE AMOUNT OF SUCH LOAN WITH INTEREST THEREON AS
HEREINAFTER SET FORTH. (THE PROMISSORY NOTES HEREINABOVE REFERRED TO
ARE HEREINAFTER CALLED THE "NOTES" AND INDIVIDUALLY A "NOTE").
4. (A) ALL DEFENSE ARTICLES, THE PURCHASE OF WHICH IS TO BE FINANCED
HEREUNDER, AND WHICH MAY BE TRANSPORTED BY OCEAN VESSEL, SHALL BE
TRANSPORTED IN VESSELS OF UNITED STATES REGISTRY UNLESS A WAIVER OF THIS
REQUIREMENT IS OBTAINED. MARINE TRANSPORTATION WAIVER PROCEDURES ARE AT
ANNEX C HERETO.
(B) IF A WAIVER IS NECESSARY, THE BORROWER'S REQUEST SHOULD BE
ADDRESSED TO THE DIRECTOR, DEFENSE SECURITY ASSISTANCE AGENCY, THE
PENTAGON, WASHINGTON, D.C. 20301, WITH A COPY TO THE DIRECTOR, OFFICE OF
MARKET DEVELOPMENT, MARITIME ADMINISTRATION, U.S. DEPARTMENT OF
COMMERCE, WASHINGTON, D.C. 20301.
(C) A WAIVER MAY BE GRANTED BY THE DIRECTOR, DEFENSE SECURITY
ASSISTANCE AGENCY, UPON REQUEST BY THE BORROWER:
(1) WHERE THE BORROWER PROPOSED TO TRANSPORT NOT MORE THAN FIFTY
PERCENT (50%) OF THE SHIPMENT ABOARD VESSELS OF ITS NATIONAL FLAG, UPON
THE CONDITION THAT THE IMPORTING COUNTRY DOES NOT DISCRIMINATE AGAINST
VESSELS OF U.S. REGISTRY. (WHEN SO REQUESTING, THE BORROWER MUST SUBMIT
ITS REQUEST SUFFICIENTLY IN ADVANCE OF THE INTENDED SHIPPING DATE TO
ENABLE VERIFICATION OF THE TREATMENT ACCORDED VESSELS OF U.S. REGISTRY
BY THE IMPORTING NATION, AND TO PROCESS THE APPLICATION.); OR
(2) ON THE BASIS OF THE NON-AVAILABILITY OF VESSELS OF UNITED STATES
REGISTRY AT REASONABLE RATES. (WHEN SO REQUESTING, THE BORROWER MUST
ESTABLISH AND DOCUMENT ALL APPLICABLE COMPARATIVE RATES, AND MUST SUBMIT
SUCH INFORMATION SUFFICIENTLY IN ADVANCE OF THE INTENDED SHIPPING DATE
TO ENABLE VERIFICATION OF THE NON-AVAILABILITY OF VESSELS OF UNITED
STATES REGISTRY AT REASONABLE RATES AND TO PROCESS THE APPLICATION.);
(3) ON THE BASIS OF THE NON-AVAILABILITY OF VESSELS OF UNITED STATES
REGISTRY. (WHEN SO REQUESTING, THE BORROWER MUST ESTABLISH AND DOCUMENT
THAT IT HAS MADE A REASONABLE, TIMELY AND BONA FIDE EFFORT TO ARRANGE
SHIPMENT ON VESSELS OF UNITED STATES REGISTRY, AND THAT SUCH VESSELS ARE
NOT AVAILABLE. SUCH APPLICATION MUST BE SUBMITTED SUFFICIENTLY IN
ADVANCE OF THE INTENDED SHIPPING DATE TO ENABLE VERIFICATION OF THE
NON-AVAILABILITY OF UNITED STATES REGISTRY AND TO PROCESS THE
APPLICATION.);
(4) ON THE BASIS OF SECURITY REQUIREMENTS OF THE BORROWER TO ASSURE
SAFE ARRIVAL (WHEN SO REQUESTING, THE BORROWER MUST PROVIDE THE SPECIFIC
SECURITY OR SAFETY REQUIREMENTS AND INFORMATION INVOLVED IN SUCH
SHIPMENTS SUFFICIENTLY IN ADVANCE OF THE INTENDED SHIPPING DATE TO
ENABLE VERIFICATION OF THE SECURITY OR SAFETY REQUIREMENTS AND TO
PROCESS THE APPLICATION.)
(D) THE BORROWER OR ITS COMMERCIAL SUPPLIERS SHALL BE RESPONSIBLE FOR
OBTAINING SUCH EXPORT LICENSES AS MAY BE NECESSARY FOR DEFENSE ITEMS
FINANCED HEREUNDER.
5. THIS AGREEMENT EVIDENCES THE LEGAL AND BINDING OBLIGATION OF THE
BORROWER TO MAKE REPAYMENTS TO THE LENDER FOR DISBURSEMENTS MADE BY THE
LENDER IN ACCORDANCE WITH THE TERMS HEREOF. THE LENDER MAY SELL OR
ASSIGN, IN WHOLE OR IN PART, ITS RIGHTS TO SAID REPAYMENTS AND MAY, WITH
RESPECT TO SUCH SALE OR ASSIGNMENT, GUARANTEE PAYMENT OF THE SAME.
6. (A) THE BORROWER SHALL REPAY THE DISBURSEMENTS MADE BY THE LENDER
IN ACCORDANCE WITH THE PRINCIPAL REPAYMENT SCHEDULE SET FORTH IN ANNEX D
HERETO, AND SHALL PAY INTEREST SEMIANNUALLY ON MARCH 15 AND SEPTEMBER 15
COMMENCING MARCH 15, 1977 AT THE RATE OF EIGHT AND ONE-EIGHTH (8.125%)
PERCENT PER ANNUM, USING A 365 DAY FACTOR, ON THE AMOUNT FROM TIME TO
TIME CUMULATIVE DISBURSEMENTS EXCEED REPAYMENTS OF PRINCIPAL.
(B) IF ON ANY INSTALLMENT REPAYMENT DATE SET FORTH IN THE PRINCIPAL
REPAYMENT SCHEDULE THE BORROWER SHALL NOT HAVE AVAILED ITSELF OF THE
COMMITMENT OF THE LENDER IN AN AGGREGATE AMOUNT (LESS REPAYMENTS
PREVIOUSLY MADE) EQUAL TO THE AGGREGATE INSTALLMENT OF PRINCIPAL WHICH
IS REPAYABLE ON SUCH DATE TO THE LENDER, THE BORROWER SHALL, ON SUCH
INSTALLMENT REPAYMENT DATE, REPAY TO THE LENDER THE FULL AMOUNT (LESS
REPAYMENTS PREVIOUSLY MADE) TO WHICH IT HAS AVAILED ITSELF OF THE
COMMITMENT OF THE LENDER TO SUCH DATE, TOGETHER WITH THE INTEREST
ACCRUED THEREON. IF AT ANY TIME HEREAFTER THE BORROWER SHALL AVAIL
ITSELF OF THE COMMITMENT OF THE LENDER IN AN AMOUNT WHICH WOULD HAVE
BEEN REPAYABLE ON A PRIOR INSTALLMENT REPAYMENT DATE BUT FOR THE
PROVISIONS OF THE IMMEDIATELY PRECEEDING SENTENCE, SUCH AMOUNT, TOGETHER
WITH THE INTEREST ACCRUED THEREON, SHALL BE REPAYABLE ON THE NEXT
SUCCEEDING INSTALLMENT DATE OF THE PRINCIPAL REPAYMENT SCHEDULE
OCCURRING AFTER THE DISBURSEMENT OF SUCH AMOUNT AND THE SAID AGGREGATE
INSTALLMENT OF PRINCIPAL REPAYABLE UNDER THE PRINCIPAL REPAYMENT
SCHEDULE TO THE LENDER ON THAT DATE SHALL BE INCREASED BY SUCH AMOUNT.
(C) IF BY THE DATE SPECIFIED IN PARAGRAPH 2 ABOVE, THE BORROWER SHALL
NOT HAVE ENTERED INTO AUTHORIZED PURCHASE ARRANGEMENTS IN AN AGGREGATE
AMOUNT EQUAL TO THE ENTIRE AMOUNT OF THE COMMITMENT, THE INSTALLMENTS OF
PRINCIPAL REPAYABLE TO THE LENDER SET FORTH IN THE PRINCIPAL REPAYMENT
SCHEDULE SHALL BE REDUCED IN THE INVERSE ORDER OF THE MATURITY THEREOF
TO THE EXTENT OF THE UNUSED BALANCE OF THE COMMITMENT.
(D) WHENEVER ANY REPAYMENT TO BE MADE BY THE BORROWER SHALL BE DUE ON
A SATURDAY, SUNDAY, OR PUBLIC HOLIDAY UNDER THE LAWS OF THE LENDER, SUCH
REPAYMENT MAY BE MADE ON THE NEXT SUCCEEDING BUSINESS DAY, AND SUCH
EXTENSION OF TIME SHALL IN SUCH CASE BE INCLUDED IN COMPUTING INTEREST
IN CONNECTION WITH SUCH REPAYMENT BUT EXCLUDED FROM THE NEXT INTEREST
PERIOD.
(E) THE BORROWER MAY PREPAY THE CREDIT EXTENDED UNDER THIS AGREEMENT
IN PART OR IN FULL ON ANY INTEREST PAYMENT DATE WITHOUT PENALTY OR
PREMIUM, BUT SUCH PREPAYMENT MUST BE ACCOMPANIED BY PAYMENT OF INTEREST
ON THE AMOUNT PREPAID TO THE DATE OF PREPAYMENT AND MUST BE APPLIED TO
THE SATISFACTION OF INSTALLMENTS OF PRINCIPAL REPAYMENTS IN THE INVERSE
ORDER OF THEIR MATURITIES.
(F) ALL REPAYMENTS BY THE BORROWER ON ACCOUNT OF PRINCIPAL OR
INTEREST SHALL BE IN LAWFUL MONEY OF THE UNITED STATES OF AMERICA AND IN
IMMEDIATELY AVAILABLE FUNDS, FREE AND CLEAR OF, AND WITHOUT DEDUCTION
FOR, ANY AND ALL TAXES, LEVIES, IMPOSTS, DEDUCTIONS AND WITHHOLDINGS
WHATSOEVER IMPOSED, LEVIED, COLLECTED OR ASSESSED WITH RESPECT THERETO
BY ANY CENTRAL OR LOCAL AUTHORITY OF ISRAEL.
7. (A) THE NOTES SHALL BE FURTHER EVIDENCE OF THE OBLIGATION OF THE
BORROWER TO REPAY THE LOANS MADE HEREUNDER. EACH NOTE SHALL BE DATED
THE PARTICULAR DISBURSEMENT DATE OF THE LOAN WHICH SUCH NOTE EVIDENCES,
SHALL BE PAYABLE TO THE ORDER OF THE GOVERNMENT OF THE UNITED STATES IN
THE PRINCIPAL AMOUNT OF SUCH DISBURSEMENT, AND SHALL BEAR INTEREST ON
THE UNPAID PRINCIPAL AMOUNT THEREOF AS PROVIDED IN PARAGRAPH 6(A).
(B) THE NOTES SHALL BE COMPLETED BY THE BORROWER IN SUCH A MANNER
THAT REPAYMENT OF SUCH LOANS SHALL BE MADE IN THE ORDER OF THEIR
DISBURSEMENT, UTILIZING THE PRINCIPAL REPAYMENT SCHEDULE SET FORTH IN
ANNEX D (AS THE SAME MAY BE ADJUSTED IN ACCORDANCE WITH PARAGRAPHS 6(B)
AND 6(C) HEREOF), AND, IN DETERMINING WHETHER A PARTICULAR LOAN IS
PAYABLE IN ONE OR MORE INSTALLMENTS, UTILIZING A PARTICULAR INSTALLMENT
PAYMENT DATE ONLY AFTER THE FULL UTILIZATION OF THE NEXT PRECEDING
INSTALLMENT DATE.
(C) EACH NOTE SHALL BE SIGNED ON BEHALF OF THE BORROWER BY THE
DIRECTOR OR DEPUTY DIRECTOR OF THE MINISTRY OF DEFENSE MISSION, NEW
YORK, AND THE TREASURER OR ASSISTANT TREASURER OF THE MINISTRY OF
DEFENSE MISSION, NEW YORK.
8. (A) THE BORROWER REPRESENTS AND WARRANTS THAT THE MAKING AND
PERFORMANCE OF THIS AGREEMENT HAVE BEEN DULY AUTHORIZED IN ACCORDANCE
WITH THE LAWS OF ISRAEL AND SHALL FURNISH TO THE LENDER UPON REQUEST
EVIDENCE, SATISFACTORY TO THE LENDER, OF THE AUTHORITY OF THE PERSON OR
PERSONS WHO HAVE SIGNED THIS AGREEMENT ON BEHALF OF THE BORROWER AND OF
THE PERSON OR PERSONS WHO WILL SIGN THE NOTES PROVIDED FOR HEREIN ON
BEHALF OF THE BORROWER, TOGETHER WITH THE AUTHENTICATED SPECIMEN
SIGNATURE, IN DUPLICATE, OF EACH OF THE LATTER.
(B) THIS AGREEMENT SHALL INURE TO THE BENEFITS OF THE HOLDERS OF THE
NOTES, THEIR RESPECTIVE SUCCESSORS AND ASSIGNS. THIS AGREEMENT AND THE
NOTES SHALL BE DEEMED TO BE CONTRACTS UNDER THE LAW OF THE DISTRICT OF
COLUMBIA AND FOR ALL PURPOSES SHALL BE CONSTRUED IN ACCORDANCE WITH SAID
LAW. THE BORROWER AGREES THAT JURISDICTION MAY BE TAKEN BY COURTS IN
THE DISTRICT OF COLUMBIA WITH RESPECT TO MATTERS INVOLVING ANY NOTE,
PROVIDED EACH NOTE IS HELD BY AN INDIVIDUAL, PARTNERSHIP, CORPORATION,
OR OTHER PRIVATE LEGAL ENTITY.
(C) THE BORROWER SHALL IN ALL CASES PAY WHEN AND AS DUE THE PRINCIPAL
OF AND INTEREST ON ALL NOTES ISSUED HEREUNDER, NOTWITHSTANDING ANY
CLAIMS WHICH THE BORROWER MAY NOW OR HEREAFTER HAVE AGAINST ANY SUPPLIER
OF THE DEFENSE ITEMS, DOD, THE LENDER, OR ANY OTHER PERSONS OR ENTITY IN
CONNECTION WITH ANY OTHER TRANSACTION, FOR ANY REASON WHATSOEVER.
9. UPON THE OCCURRENCE OF ANY OF THE FOLLOWING EVENTS OF DEFAULT:
(A) IF THE BORROWER FAILS FOR A PERIOD OF TEN (10) DAYS TO MAKE ANY
PAYMENT OF PRINCIPAL OF, OR INTEREST ON, ANY NOTE WHEN DUE;
(B) IF ANY REPRESENTATION OR WARRANTY MADE BY THE BORROWER HEREIN OR
ANY CERTIFICATE FURNISHED BY THE BORROWER PURSUANT HERETO PROVES TO BE
AT ANY TIME INCORRECT IN ANY MATERIAL RESPECT; OR
(C) IF THE BORROWER DEFAULTS IN THE PERFORMANCE OF ANY OTHER TERM,
COVENANT OR UNDERTAKING CONTAINED IN THIS CREDIT AGREEMENT, AND SUCH
DEFAULT SHALL CONTINUE UNREMEDIED FOR 30 DAYS AFTER WRITTEN NOTIFICATION
THEREOF SHALL HAVE BEEN GIVEN TO THE BORROWER BY THE LENDER; THEN, AND
IN ANY SUCH EVENT, THE HOLDER OF ANY NOTE MAY DECLARE IMMEDIATELY DUE
AND PAYABLE THE UNPAID PRINCIPAL OF, AND ACCRUED INTEREST ON, ANY OR ALL
NOTES HELD BY SUCH HOLDER AND SUCH AMOUNTS SHALL BECOME IMMEDIATELY DUE
AND PAYABLE WITHOUT PROTEST, PRESENTMENT, NOTICE OR OTHER DEMAND OF ANY
KIND, ALL OF WHICH ARE HEREBY EXPRESSLY WAIVED BY THE BORROWER, AND THE
LENDER MAY TERMINATE ITS COMMITMENT HEREUNDER.
10. ALL COMMUNICATIONS AND OTHER DOCUMENTS REQUIRED OR PERMITTED
HEREUNDER, UNLESS SUBMITTED IN THE ENGLISH LANGUAGE, SHALL BE
ACCOMPANIED BY ONE ENGLISH TRANSLATION FOR EACH COPY OF SUCH DOCUMENTS
TO BE FURNISHED AND, IN THE EVENT OF CONFLICT, THE ENGLISH VERSION SHALL
GOVERN. EXCEPT AS OTHERWISE PROVIDED HEREIN, ALL NOTICES, REQUESTS OR
DEMANDS HEREUNDER SHALL BE DEEMED TO HAVE BEEN GIVEN OR MADE UPON THE
MAILING OF THE SAME, POSTAGE PREPAID, OR IN THE CASE OF TELEGRAPHIC
NOTICE, ON DELIVERY TO THE TELEGRAPHIC COMPANY, ADDRESSED IN THE CASE OF
THE BORROWER, TO THE DIRECTOR, MINISTRY OF DEFENSE MISSION, GOVERNMENT
OF ISRAEL, WITH A COPY TO THE TREASURY REPRESENTATIVE OF THE GOVERNMENT
OF ISRAEL BOTH AT 850 THIRD AVENUE, NEW YORK, NEW YORK 10022, AND IN THE
CASE OF THE LENDER TO THE DIRECTOR, DEFENSE SECURITY ASSISTANCE AGENCY,
THE PENTAGON, WASHINGTON, D.C. 20301.
11. THIS AGREEMENT MAY BE EXECUTED IN ANY NUMBER OF COUNTERPARTS AND
BY THE PARTIES HERETO ON SEPARATE COUNTERPARTS, EACH OF WHICH SHALL BE
DEEMED AN ORIGINAL BUT ALL SUCH COUNTERPARTS TO CONSTITUTE ONE AND THE
SAME INSTRUMENT.
12. ANNEX A THROUGH D ATTACHED HERETO ARE, BY THIS REFERENCE, MADE A
PART OF THIS AGREEMENT.
IN WITNESS WHEREOF, THE PARTIES HERETO HAVE DULY EXECUTED THIS
AGREEMENT THIS 22ND DAY OF SEPTEMBER 1976.
THE GOVERNMENT OF ISRAEL
. . .
BY J. CIECHANOVER
DIRECTOR, MINISTRY OF DEFENSE
MISSION TO THE UNITED STATES
. . .
BY J. DOR
TREASURER, MINISTRY OF DEFENSE
MISSION TO THE UNITED STATES
THE FOLLOWING PROCEDURES AND CONDITIONS SHALL BE ADHERED TO PRIOR TO
EACH DISBURSEMENT TO BE MADE BY THE GOVERNMENT OF THE UNITED STATES FOR
THE ACCOUNT OF THE GOVERNMENT OF ISRAEL.
1. THE SUPPLIER SHALL PREPARE AND SUBMIT TO THE DESIGNATED
REPRESENTATIVES OF THE GOVERNMENT OF ISRAEL IN NEW YORK, NEW YORK,
INVOICES ON U.S. STANDARD FORM 1034 IN SUFFICIENT NUMBER OF COPIES TO
PERMIT THE FORWARDING OF FOUR COPIES TO THE DISBURSING OFFICER
DESIGNATED IN PARAGRAPH 5 BELOW.
2. THE SUPPLIER SHALL INSURE THAT EACH INVOICE IS IN ACCORDANCE WITH
RELEVANT PROVISIONS OF ITS PURCHASE ARRANGEMENT WITH THE GOVERNMENT OF
ISRAEL.
3. THE SUPPLIER SHALL ATTACH TO EACH INVOICE A STATEMENT THAT
AUTHORIZED REPRESENTATIVES OF THE GOVERNMENT OF THE UNITED STATES SHALL,
UNTIL THE EXPIRATION OF THREE YEARS AFTER FINAL PAYMENT HEREUNDER, HAVE
ACCESS TO AND THE RIGHT TO EXAMINE ANY DIRECTLY RELATED PERTINENT BOOKS,
DOCUMENTS, PAPERS AND RECORDS OF THE SUPPLIER INVOLVING TRANSACTIONS
RELATING TO THE AFORESAID PURCHASE ARRANGEMENT.
4. TO THE EXTENT THAT ANY INVOICE REQUESTS PAYMENT OF ADVANCES, AS
DISTINGUISHED FROM PAYMENT FOR DELIVERY ITEMS OR REIMBURSEMENT IN THE
FORM OF PROGRESS PAYMENTS FOR WORK OR SERVICES PERFORMED, THE SUPPLIER
SHALL ATTACH TO THE INVOICE A STATEMENT SETTING FORTH THE UNDERTAKING OF
THE SUPPLIER THAT THE FULL AMOUNT OF THE ADVANCE WILL BE MAINTAINED BY
THE SUPPLIER IN A SEGREGATED ACCOUNT WHICH WILL BE APPLIED SOLELY TO THE
PERFORMANCE OF THE SUPPLIER'S OBLIGATIONS UNDER THE PURCHASE
ARRANGEMENT.
5. THE DESIGNATED REPRESENTATIVE OF THE GOVERNMENT OF ISRAEL IN NEW
YORK, NEW YORK, SHALL FORWARD SUCH INVOICES TO THE COMPTROLLER, DEFENSE
SECURITY ASSISTANCE AGENCY, THE PENTAGON, WASHINGTON, D.C. 20301.
6. EACH INVOICE SHALL BE ACCOMPANIED BY A CERTIFICATION OF THE
GOVERNMENT OF ISRAEL AS FOLLOWS:
"THE GOVERNMENT OF ISRAEL CONFIRMS (THAT THE DEFENSE ITEMS SET FORTH
THEREIN HAVE BEEN SATISFACTORILY RECEIVED BY OR FOR THE GOVERNMENT OF
ISRAEL (THAT THE WORK OR SERVICES FOR WHICH PROGRESS PAYMENTS ARE
REQUESTED HAVE BEEN SATISFACTORILY RENDERED) (THAT PAYMENT IS OTHERWISE
DUE) UNDER ITS PURCHASE ARRANGEMENT OF (DATE) FOR THE PURCHASE OF
DEFENSE ITEMS FROM SUPPLIER, AND CERTIFIES THAT THE BILL IS CORRECT AND
JUST AND THAT PAYMENT THEREFOR HAS NOT BEEN MADE.
PAYMENT OF THIS INVOICE IS REQUESTED BY THE MINISTRY OF DEFENSE OF
THE GOVERNMENT OF ISRAEL PURSUANT TO THE TERMS OF THE CREDIT AGREEMENT
OF (DATE) BETWEEN THE . . . OF THE GOVERNMENT OF ISRAEL AND THE
GOVERNMENT OF THE UNITED STATES OF AMERICA. THE GOVERNMENT OF ISRAEL
CONFIRMS THAT SAID PURCHASE ARRANGEMENT IS ONE OF THE PURCHASE
ARRANGEMENTS AUTHORIZED BY THE DEPARTMENT OF DEFENSE OF THE UNITED
STATES OF AMERICA PURSUANT TO THE AFORESAID CREDIT AGREEMENT OF (DATE)
AND FURTHER CONFIRMS THAT THE CUMULATIVE TOTAL OF THIS INVOICE AND
INVOICES PREVIOUSLY PAID BY THE GOVERNMENT OF THE UNITED STATES AGAINST
SAID PURCHASE ARRANGEMENT DOES NOT EXCEED THE AGGREGATE CREDIT CEILING
ESTABLISHED BY THE GOVERNMENT OF THE UNITED STATES FOR THE SAID PURCHASE
ARRANGEMENT.
U.S. $ . . ., WASHINGTON, D.C.
FOR VALUE RECEIVED, THE UNDERSIGNED, THE GOVERNMENT OF . . . (HEREIN
CALLED " . . . "), HEREBY PROMISES TO PAY TO THE ORDER OF THE GOVERNMENT
OF THE UNITED STATES OF AMERICA (HEREIN CALLED "UNITED STATES") THE
PRINCIPAL SUM OF . . . UNITED STATES DOLLARS (U.S. $ . . . ) AS FOLLOWS:
(AMOUNT) (DATE)
TOGETHER WITH INTEREST ON ANY AND ALL AMOUNTS REMAINING UNPAID
HEREUNDER FROM TIME TO TIME FROM THE DATE HEREOF UNTIL THIS NOTE SHALL
BE PAID IN FULL, PAYABLE SEMIANNUALLY ON . . . AND . . . OF EACH YEAR
FROM DATE HEREOF AT THE RATE OF . . . PER CENT PER ANNUM ( %) USING A
365 DAY FACTOR, BOTH PRINCIPAL AND INTEREST TO BE PAYABLE IN LAWFUL
MONEY OF THE UNITED STATES OF AMERICA TO THE COMPTROLLER, DEFENSE
SECURITY ASSISTANCE AGENCY, ATTN: JOINT FINANCIAL MANAGEMENT OFFICE,
THE PENTAGON, WASHINGTON, D.C. 20301. ALL PAYMENTS MADE ON ACCOUNT OF
THE PRINCIPAL AMOUNT REMAINING UNPAID HEREUNDER SHALL BE ENDORSED BY THE
HOLDER ON THE REVERSE SIDE OF THIS NOTE.
WHENEVER ANY PAYMENT TO BE MADE SHALL BE DUE ON SATURDAY, SUNDAY, OR
A PUBLIC HOLIDAY UNDER THE LAWS OF THE GOVERNMENT OF THE UNITED STATES,
SUCH PAYMENT MAY BE MADE ON THE NEXT SUCCEEDING BUSINESS DAY, AND SUCH
EXTENSION OF TIME SHALL IN SUCH CASE BE INCLUDING IN COMPUTING INTEREST
IN CONNECTION WITH SUCH PAYMENTS BUT EXCLUDED FROM THE NEXT INTEREST
PERIOD.
THIS NOTE MAY BE PREPAID ON ANY INTEREST PAYMENT DATE. PREPAYMENTS
SHALL BE APPLIED TO THE INSTALLMENTS HEREOF IN THE REVERSE ORDER OF
THEIR MATURITY. ALL PAYMENTS OF PRINCIPAL AND INTEREST ON THIS NOTE ARE
PAYABLE IN LAWFUL MONEY OF THE UNITED STATES OF AMERICA AND IN
IMMEDIATELY AVAILABLE FUNDS, FREE AND CLEAR OF, AND WITHOUT DEDUCTION
FOR, ANY TAXES, LEVIES, IMPOSTS, DEDUCTIONS, AND WITHHOLDINGS WHATSOEVER
NOW OR HEREAFTER IMPOSED, LEVIED, COLLECTED OR ASSESSED WITH RESPECT
THERETO BY ANY CENTRAL OR LOCAL AUTHORITY OF . . . AND SHALL BE PAID
FREE FROM ALL RESTRICTIONS OF ANY CENTRAL OR LOCAL AUTHORITY OF . . . .
THE GOVERNMENT OF . . . AGREES TO PAY ALL OUT-OF-POCKET COSTS AND
EXPENSES IN CONNECTION WITH COLLECTION AFTER DEFAULT OF THIS NOTE
(INCLUDING THE REASONABLE FEES AND OUT-OF-POCKET EXPENSES OF COUNSEL) AS
WELL AS ALL STAMP AND SIMILAR TAXES, IF ANY, NOW OR HEREAFTER IN EFFECT,
AND TO SAVE THE HOLDER OF THE NOTE HARMLESS FROM ANY AND ALL LIABILITIES
WITH RESPECT TO OR RESULTING FROM ANY DELAY OR OMISSION TO PAY SUCH
TAXES.
1. THE FOLLOWING PROCEDURES AND CONDITIONS SHALL BE ADHERED TO
CONCERNING MARINE TRANSPORTATION OF DEFENSE ARTICLES, THE PURCHASE OF
WHICH IS TO BE FINANCED UNDER THIS AGREEMENT. ALL DEFENSE ARTICLES,
WHICH ARE TRANSPORTED BY OCEAN VESSEL, SHALL BE TRANSPORTED IN PRIVATELY
OWNED VESSELS OF UNITED STATES REGISTRY UNLESS A WAIVER OF THIS
REQUIREMENT IS OBTAINED FROM THE DIRECTOR, DEFENSE SECURITY ASSISTANCE
AGENCY, DEPARTMENT OF DEFENSE. REQUESTS FOR WAIVER ARE CATEGORIZED AS
GENERAL, NON-AVAILABILITY OR SECURITY AS OUTLINED BELOW:
A. GENERAL WAIVERS
CONSIDERATION WILL BE GIVEN TO A WAIVER APPLICATION TO AUTHORIZE
VESSELS FLYING THE FLAG OF THE COUNTRY TO WHOM THIS AGREEMENT APPLIES TO
PARTICIPATE IN THE TRANSPORTATION OF CARGO GENERATED UNDER THIS
AGREEMENT PROVIDED THE RECIPIENT COUNTRY DOES NOT DISCRIMINATE AGAINST
UNITED STATES FLAG VESSELS IN THE CARRIAGE OF THE EXPORTS OR IMPORTS OF
THE RECIPIENT NATION. APPROVAL MAY BE GRANTED FOR RECIPIENT NATION'S
VESSELS TO CARRY UP TO, BUT NOT IN EXCESS OF 50 PERCENT OF THE CARGO
UNDER THIS AGREEMENT. OCEAN FREIGHT REVENUE IS THE MAIN CRITERION FOR
DETERMINING FLAG PARTICIPATION BUT CARGO VALUATION SHALL ALSO BE TAKEN
INTO CONSIDERATION. ACCORDINGLY, THROUGHOUT THE LIFE OF THIS AGREEMENT,
U.S. FLAG VESSELS SHALL NOT RECEIVE LESS THAN 50% OF THE CARGO VALUATION
AND OCEAN FREIGHT REVENUE IN SO FAR AS PRACTICABLE.
APPLICATIONS FOR GENERAL WAIVER SHOULD BE SUBMITTED AS SOON AS
PRACTICABLE AFTER DETERMINATION HAS BEEN MADE TO USE RECIPIENT COUNTRY
FLAG VESSELS BUT AT LEAST TWENTY-ONE (21) DAYS IN ADVANCE OF INTENDED
SHIPPING DATES TO ENABLE VERIFICATION OF THE TREATMENT ACCORDED VESSELS
OF U.S. REGISTRY AND TO PROCESS THE APPLICATION.
SUBSEQUENT TO THE GRANTING OF A GENERAL WAIVER, IF IT OCCURS THAT
NEITHER UNITED STATES FLAG VESSELS NOR RECIPIENT COUNTRY FLAG VESSELS
ARE AVAILABLE, CONSIDERATION WILL BE GIVEN TO SPECIFIC WAIVER
APPLICATIONS TO AUTHORIZE, ON A SHIPMENT-BY-SHIPMENT BASIS, THE USE OF
THIRD FLAG VESSELS. APPLICATIONS FOR THE USE OF A THIRD FLAG VESSEL
UNDER AN APPROVED GENERAL WAIVER SHOULD BE SUBMITTED AT LEAST 21 DAYS
PRIOR TO THE INTENDED SHIPPING DATE TO ALLOW TIME TO PROCESS THE
APPLICATION. IF A WAIVER IS GRANTED TO ALLOW THE USE OF A THIRD FLAG
VESSEL FOR A PARTICULAR SHIPMENT UNDER AN EXISTING GENERAL WAIVER, THE
CARGO CARRIED BY THE THIRD FLAG VESSEL SHALL BE RECORDED AGAINST THE
RECIPIENT COUNTRY FLAG VESSELS' PORTION OF THE CARGO AVAILABLE UNDER THE
GENERAL WAIVER.
THE APPLICATION FOR A GENERAL WAIVER AND SUBSEQUENT WAIVERS FOR THE
USE OF THIRD FLAG VESSELS SHOULD BE SUBMITTED TO THE DIRECTOR, DEFENSE
SECURITY ASSISTANCE AGENCY, THE PENTAGON, WASHINGTON, D.C. 20301, WITH A
COPY TO THE DIRECTOR, OFFICE OF MARKET DEVELOPMENT, MARITIME
ADMINISTRATION, U.S. DEPARTMENT OF COMMERCE, WASHINGTON, D.C. 20230.
B. NON-AVAILABILITY WAIVERS
CONSIDERATION WILL BE GIVEN TO WAIVER APPLICATION TO AUTHORIZE USE OF
FOREIGN FLAG VESSELS IN THOSE CASES OF NON-AVAILABILITY OF UNITED STATES
FLAG VESSELS OR IN INSTANCES OF NON-AVAILABILITY OF UNITED STATES FLAG
VESSELS AT REASONABLE RATES.
APPLICATION FOR NON-AVAILABILITY WAIVERS TO PERMIT USE OF RECIPIENT
COUNTRY FLAG VESSELS NEED NOT BE SUBMITTED IF A GENERAL WAIVER HAS BEEN
APPROVED AND THE RECIPIENT NATION WILL USE U.S. FLAG VESSELS TO CARRY
OVER TO PERCENT OF THE CARGO UNDER THIS AGREEMENT. APPLICATIONS ARE
REQUIRED WHERE A GENERAL WAIVER (1) HAS NOT BEEN APPLIED FOR, (2) HAS
NOT BEEN APPROVED, OR (3) HAS BEEN APPROVED BUT, ON A
SHIPMENT-BY-SHIPMENT BASIS, U.S. FLAG VESSELS ARE NOT AVAILABLE OR NOT
AVAILABLE AT REASONABLE RATES AND SHIPMENTS ON NON-U.S. FLAG VESSELS
WILL EXCEED 50 PERCENT OF THE CARGO UNDER THIS AGREEMENT. IF A GENERAL
WAIVER HAS BEEN APPROVED, EVERY EFFORT SHOULD BE MADE TO SHIP DEFENSE
ARTICLES AND EQUIPMENT, WHERE U.S. FLAG VESSELS ARE NOT AVAILABLE OR NOT
AVAILABLE AT REASONABLE RATES, UNDER THE RECIPIENT COUNTRY'S PORTION OF
THE CARGO AVAILABLE UNDER THE GENERAL WAIVER. THEREFORE, APPLICATIONS
FOR NON-AVAILABILITY WAIVERS, WHERE A GENERAL WAIVER HAS BEEN APPROVED,
SHOULD BE SUBMITTED ONLY UNDER UNUSUAL CIRCUMSTANCES.
APPLICATIONS ON THE BASIS OF NON-AVAILABILITY OF VESSELS OF UNITED
STATES REGISTRY MUST ESTABLISH AND DOCUMENT THAT THE RECIPIENT NATION
HAS MADE A REASONABLE, TIMELY AND BONA FIDE EFFORT TO ARRANGE SHIPMENT
ON VESSELS OF UNITED STATES REGISTRY AND THAT SUCH VESSELS ARE NOT
AVAILABLE. SUCH APPLICATIONS MUST BE SUBMITTED AT LEAST 21 DAYS IN
ADVANCE OF THE INTENDED SHIPPING DATE TO ENABLE VERIFICATION OF
NON-AVAILABILITY OF VESSELS OF UNITED STATES REGISTRY AND TO PROCESS THE
APPLICATION.
APPLICATIONS ON THE BASIS OF NON-AVAILABILITY OF VESSELS OF UNITED
STATES REGISTRY AT REASONABLE RATES MUST ESTABLISH AND DOCUMENT ALL
APPLICABLE COMPARATIVE RATES AND SHOULD BE SUBMITTED AT LEAST 21 DAYS IN
ADVANCE OF THE INTENDED SHIPPING DATE TO ENABLE VERIFICATION OF
NON-AVAILABILITY OF VESSELS OF UNITED STATES REGISTRY AT REASONABLE
RATES AND TO PROCESS THE APPLICATION.
APPLICATIONS FOR NON-AVAILABILITY WAIVERS MUST BE SUBMITTED ON A
SHIPMENT-BY-SHIPMENT BASIS. APPLICATIONS SHOULD BE SUBMITTED TO THE
DIRECTOR, OFFICE OF MARKET DEVELOPMENT, MARITIME ADMINISTRATION, U.S.
DEPARTMENT OF COMMERCE, WASHINGTON, D.C. 20230.
EACH APPLICATION FOR A NON-AVAILABILITY WAIVER SHOULD CONTAIN THE
FOLLOWING INFORMATION:
1. IDENTIFICATION AND ADDRESS OF THE APPLICANT
2. RECIPIENT COUNTRY
3. DATE AND SOURCE OF LOAN (FFB, ETC.)
4. MANUFACTURER AND/OR EXPORTER
5. LIST AND DESCRIPTION OF COMMODITIES TO BE SHIPPED
6. FAS VALUE OF COMMODITIES
7. SHIPPING DATE
8. LOADING PORT
9. DISCHARGE PORT
10. ESTIMATED OCEAN FREIGHT COST
11. PROPOSED VESSEL(S) TO BE USED
12. WEIGHT OF SHIPMENT
13. CUBE MEASUREMENT OF SHIPMENT
14. ORIGINAL POINT OF PRODUCTION
C. SECURITY WAIVERS
CONSIDERATION WILL BE GIVEN TO WAIVER APPLICATION TO AUTHORIZE
VESSELS FLYING THE FLAG OF THE COUNTRY TO WHOM THE AGREEMENT APPLIES ON
THE BASIS OF REASONABLE SECURITY NEEDS IN REGARDS TO THE CARGO AND THE
ARRIVAL OF SUCH CARGO AT ITS DESTINATION. A SECURITY WAIVER MAY BE
REQUESTED FOR A SPECIFIC SHIPMENT OR SERIES OF SHIPMENTS UNDER THIS
AGREEMENT WHERE SABOTAGE MAY REASONABLY BE EXPECTED OR A STATE OF
EMERGENCY EXISTS.
APPLICATION FOR SECURITY WAIVERS NEED NOT BE SUBMITTED IF A GENERAL
WAIVER HAS BEEN APPROVED AND THE RECIPIENT NATION WILL USE U.S. FLAG
VESSELS TO CARRY OVER 50 PERCENT OF THE CARGO UNDER THIS AGREEMENT.
APPLICATIONS ARE REQUIRED WHERE A GENERAL WAIVER (1) HAS NOT BEEN
APPLIED FOR, (2) HAS NOT BEEN APPROVED, OR (3) HAS BEEN APPROVED BUT, ON
A SHIPMENT-BY-SHIPMENT BASIS, USE OF RECIPIENT COUNTRY FLAG VESSELS WILL
EXCEED 50 PERCENT OF THE CARGO UNDER THIS AGREEMENT. IF A GENERAL
WAIVER HAS BEEN APPROVED, EVERY EFFORT SHOULD BE MADE TO SHIP THOSE
DEFENSE ARTICLES AND EQUIPMENT INVOLVING SPECIAL SECURITY OR SAFETY
REQUIREMENTS UNDER THE RECIPIENT COUNTRY'S PORTION OF THE CARGO
AVAILABLE UNDER THE GENERAL WAIVER. THEREFORE, WAIVER APPLICATIONS FOR
SECURITY OR SAFETY REASONS WHERE A GENERAL WAIVER HAS BEEN APPROVED
SHOULD BE SUBMITTED ONLY UNDER UNUSUAL CIRCUMSTANCES.
APPLICATION ON THE BASIS OF SECURITY MUST PROVIDE THE SPECIFIC
SECURITY OR SAFETY REQUIREMENTS AND INFORMATION INVOLVED IN THE
SHIPMENT(S) TO BE MADE AT LEAST 21 DAYS IN ADVANCE OF THE INTENDED
SHIPMENT(S) DATES TO ENABLE VERIFICATION OF THE SECURITY OR SAFETY
REQUIREMENTS AND TO PROCESS THE APPLICATION.
THE APPLICATION SHOULD BE PROVIDED TO THE DIRECTOR, DEFENSE SECURITY
ASSISTANCE AGENCY, THE PENTAGON, WASHINGTON, D.C. 20301, WITH A COPY TO
THE DIRECTOR, OFFICE OF MARKET DEVELOPMENT, MARITIME ADMINISTRATION,
U.S. DEPARTMENT OF COMMERCE, WASHINGTON, D.C. 20230.
2. IN ORDER TO MONITOR THE USE OF MARINE TRANSPORTATION UNDER THIS
AGREEMENT, PERTINENT INFORMATION SHOULD BE FORWARDED AS EARLY AS
POSSIBLE BUT NOT LATER THAN 90 DAYS AFTER SHIPMENT TO THE DIRECTOR,
OFFICE OF MARKET DEVELOPMENT, MARITIME ADMINISTRATION, U.S. DEPARTMENT
OF COMMERCE, WASHINGTON, D.C. 20230, FOR ALL SHIPMENTS OF GOODS FINANCE
IN WHOLE OR IN PART WITH CREDIT AND/OR GUARANTEED LOAN FUNDS. THE
FOLLOWING INFORMATION MUST BE REPORTED:
(A) DATE AND SOURCE OF LOAN (FFB, ETC.)
(B) FAS VALUE OF CARGO
(C) MANUFACTURER
(D) FREIGHT FORWARDER
(E) OCEAN FREIGHT COST
(F) NAME OF VESSEL
(G) VESSEL FLAG OF REGISTRY
(H) DATE OF LOADING
(I) PORT OF LOADING
(J) PORT OF FINAL DISCHARGE
(K) CARGO DESCRIPTION
(L) GROSS WEIGHT OF CARGO
(M) CUBIC MEASUREMENT OF CARGO
WHERE OBTAINABLE, A PROPERLY RATED AND LEGIBLE COPY OF THE OCEAN BILL
OF LADING IN ENGLISH WILL SUFFICE SO LONG AS ALL THE ABOVE INFORMATION
IS CONTAINED THEREON.
THE FIRST $2,439,025 OF DISBURSEMENTS ARE REPAYABLE ON SEPTEMBER 15,
1986
THE NEXT $2,439,025 OF DISBURSEMENTS ARE REPAYABLE ON MARCH 15, 1987
THE NEXT $2,439,025 OF DISBURSEMENTS ARE REPAYABLE ON SEPTEMBER 15,
1987
THE NEXT $2,439,025 OF DISBURSEMENTS ARE REPAYABLE ON MARCH 15, 1988
THE NEXT $2,439,025 OF DISBURSEMENTS ARE REPAYABLE ON SEPTEMBER 15,
1988
THE NEXT $2,439,025 OF DISBURSEMENTS ARE REPAYABLE ON MARCH 15, 1989
THE NEXT $2,439,025 OF DISBURSEMENTS ARE REPAYABLE ON SEPTEMBER 15,
1989
THE NEXT $2,439,025 OF DISBURSEMENTS ARE REPAYABLE ON MARCH 15, 1990
THE NEXT $2,439,025 OF DISBURSEMENTS ARE REPAYABLE ON SEPTEMBER 15,
1990
THE NEXT $2,439,025 OF DISBURSEMENTS ARE REPAYABLE ON MARCH 15, 1991
THE NEXT $2,439,025 OF DISBURSEMENTS ARE REPAYABLE ON SEPTEMBER 25,
1991
THE NEXT $2,439,025 OF DISBURSEMENTS ARE REPAYABLE ON MARCH 15, 1992
THE NEXT $2,439,025 OF DISBURSEMENTS ARE REPAYABLE ON SEPTEMBER 15,
1992
THE NEXT $2,439,025 OF DISBURSEMENTS ARE REPAYABLE ON MARCH 15, 1993
THE NEXT $2,439,025 OF DISBURSEMENTS ARE REPAYABLE ON SEPTEMBER 15,
1993
THE NEXT $2,439,025 OF DISBURSEMENTS ARE REPAYABLE ON MARCH 15, 1994
THE NEXT $2,439,025 OF DISBURSEMENTS ARE REPAYABLE ON SEPTEMBER 15,
1994
THE NEXT $2,439,025 OF DISBURSEMENTS ARE REPAYABLE ON MARCH 15, 1995
THE NEXT $2,439,025 OF DISBURSEMENTS ARE REPAYABLE ON SEPTEMBER 15,
1995
THE NEXT $2,439,025 OF DISBURSEMENTS ARE REPAYABLE ON MARCH 15, 1996
THE NEXT $2,439,025 OF DISBURSEMENTS ARE REPAYABLE ON SEPTEMBER 15,
1996
THE NEXT $2,439,025 OF DISBURSEMENTS ARE REPAYABLE ON MARCH 15, 1997
THE NEXT $2,439,025 OF DISBURSEMENTS ARE REPAYABLE ON SEPTEMBER 15,
1997
THE NEXT $2,439,025 OF DISBURSEMENTS ARE REPAYABLE ON MARCH 15, 1998
THE NEXT $2,439,025 OF DISBURSEMENTS ARE REPAYABLE ON SEPTEMBER 15,
1998
THE NEXT $2,439,025 OF DISBURSEMENTS ARE REPAYABLE ON MARCH 15, 1999
THE NEXT $2,439,025 OF DISBURSEMENTS ARE REPAYABLE ON SEPTEMBER 15,
1999
THE NEXT $2,439,025 OF DISBURSEMENTS ARE REPAYABLE ON MARCH 15, 2000
THE NEXT $2,439,025 OF DISBURSEMENTS ARE REPAYABLE ON SEPTEMBER 15,
2000
THE NEXT $2,439,025 OF DISBURSEMENTS ARE REPAYABLE ON MARCH 15, 2001
THE NEXT $2,439,025 OF DISBURSEMENTS ARE REPAYABLE ON SEPTEMBER 15,
2001
THE NEXT $2,439,025 OF DISBURSEMENTS ARE REPAYABLE ON MARCH 15, 2002
THE NEXT $2,439,025 OF DISBURSEMENTS ARE REPAYABLE ON SEPTEMBER 15,
2002
THE NEXT $2,439,025 OF DISBURSEMENTS ARE REPAYABLE ON MARCH 15, 2003
THE NEXT $2,439,025 OF DISBURSEMENTS ARE REPAYABLE ON SEPTEMBER 15,
2003
THE NEXT $2,439,025 OF DISBURSEMENTS ARE REPAYABLE ON MARCH 15, 2004
THE NEXT $2,439,025 OF DISBURSEMENTS ARE REPAYABLE ON SEPTEMBER 15,
2004
THE NEXT $2,439,025 OF DISBURSEMENTS ARE REPAYABLE ON MARCH 15, 2005
THE NEXT $2,439,025 OF DISBURSEMENTS ARE REPAYABLE ON SEPTEMBER 15,
2005
THE NEXT $2,439,025 OF DISBURSEMENTS ARE REPAYABLE ON MARCH 15, 2006
THE LAST $2,439,000 OF DISBURSEMENTS ARE REPAYABLE ON SEPTEMBER 15,
2006
TOTAL $100,000,000
ISRAEL 30 JUN 1976 FLITE DOCUMENT NO. 7950065
CREDIT AGREEMENT/RELEASE EXECUTED 30 JUNE 1976.
CREDIT AGREEMENT/RELEASE WITH RESPECT TO DEFENSE ARTICLES AND DEFENSE
SERVICES.
MR. J. CIECHANOVER
GOVERNMENT OF ISRAEL
MINISTRY OF DEFENSE
SUITE 607
850 THIRD AVENUE
NEW YORK, NEW YORK 10022
DEAR MR. CIECHANOVER:
PURSUANT TO THE AUTHORITY OF THE FOREIGN MILITARY SALES ACT (PUBLIC
LAW 90-629), APPROVED OCTOBER 22, 1968, AS AMENDED, BY THE INTERNATIONAL
SECURITY ASSISTANCE AND ARMS EXPORT CONTROL ACT OF 1976, APPROVED JUNE
30, 1976, THE UNITED STATES GOVERNMENT HAS EXTENDED $650 MILLION IN
DIRECT CREDITS TO THE GOVERNMENT OF ISRAEL. CREDIT AGREEMENT IS-769 WAS
CONSUMMATED BETWEEN OUR TWO GOVERNMENTS ON 30 JUNE 1976.
THE LAST SENTENCE OF SECTION 31(C) OF THE ARMS EXPORT CONTROL ACT
PROVIDES THAT ISRAEL SHALL BE RELEASED FROM THE CONTRACTUAL LIABILITY TO
REPAY THE UNITED STATES GOVERNMENT WITH RESPECT TO DEFENSE ARTICLES AND
DEFENSE SERVICES SO FINANCED BY THE AFORESAID $650 MILLION IN CREDIT
FINANCING.
THIS LETTER IMPLEMENTS THE AFORESAID PROVISION OF THE ACT AND
CONSTITUTES THE OFFICIAL NOTIFICATION THAT THE GOVERNMENT OF ISRAEL IS
HEREBY RELEASED FROM THE CONTRACTUAL LIABILITY TO REPAY THE GOVERNMENT
OF THE UNITED STATES FOR THE PRINCIPAL AMOUNT OF CREDIT EXTENDED TO
ISRAEL, AS WELL AS THE RELATED INTEREST, PURSUANT TO THE AFORESAID
CREDIT AGREEMENT. ACCORDINGLY, NOTWITHSTANDING THE PROVISIONS OF THE
AFORESAID CREDIT AGREEMENT, THE GOVERNMENT OF ISRAEL IS NOT REQUIRED TO
ISSUE PROMISSORY NOTES THEREUNDER.
RECEIPT ACKNOWLEDGED:
FOR THE GOVERNMENT OF ISRAEL
. . .
BY J. CIECHANOVER
DIRECTOR, MINISTRY OF DEFENSE
MISSION TO THE UNITED STATES
CREDIT AGREEMENT, MADE AND ENTERED INTO THE 30TH DAY OF JUNE 1976
BETWEEN THE GOVERNMENT OF ISRAEL, REPRESENTED BY ITS MINISTRY OF
DEFENSE, AND THE GOVERNMENT OF THE UNITED STATES OF AMERICA, REPRESENTED
BY THE DEPARTMENT OF DEFENSE OF THE UNITED STATES OF AMERICA.
WHEREAS, THE GOVERNMENT OF ISRAEL (HEREINAFTER SOMETIMES REFERRED TO
AS THE BORROWER") DESIRES TO ENTER OR HAS ENTERED, INTO PURCHASE
CONTRACTS (HEREINAFTER REFERRED TO AS "PURCHASE ARRANGEMENTS") WITH THE
MILITARY DEPARTMENTS AND AGENCIES OF THE UNITED STATES DEPARTMENT OF
DEFENSE (HEREINAFTER REFERRED TO AS "DOD") AND/OR VARIOUS UNITED STATES
COMMERCIAL SUPPLIERS FOR THE PURCHASE OF DEFENSE ARTICLES AND DEFENSE
SERVICES OF UNITED STATES ORIGIN (HEREINAFTER COLLECTIVELY REFERRED TO
AS "DEFENSE ITEMS"); AND
WHEREAS, THE BORROWER HAS REQUESTED THE GOVERNMENT OF THE UNITED
STATES OF AMERICA (HEREINAFTER SOMETIMES REFERRED TO AS THE "LENDER") TO
FINANCE PAYMENTS REQUIRED TO BE MADE BY THE BORROWER UNDER THE PURCHASE
ARRANGEMENTS; AND
WHEREAS, THE AFORESAID REQUESTED CREDIT WILL FACILITATE THE PURPOSES
OF THE UNITED STATES FOREIGN MILITARY SALES ACT, AS AMENDED;
NOW THEREFORE, IN CONSIDERATION OF THE PREMISE AND THE MUTUAL
COVENANTS HEREINAFTER SET FORTH, AND IN IMPLEMENTATION OF, AND SUBJECT
TO THE PROVISIONS OF THE MUTUAL DEFENSE ASSISTANCE AGREEMENT BETWEEN THE
GOVERNMENT OF ISRAEL AND THE GOVERNMENT OF THE UNITED STATES OF AMERICA,
DATED JULY 23, 1952, THE PARTIES HERETO AGREE AS FOLLOWS:
1. SUBJECT TO THE TERMS AND CONDITIONS HEREOF, THE LENDER AGREES TO
MAKE LOANS TO THE BORROWER FROM TIME TO TIME IN AN AGGREGATE PRINCIPAL
AMOUNT UP TO BUT NOT EXCEEDING $650,000,000 (HEREINAFTER CALLED THE
"COMMITMENT").
2. THE AFORESAID COMMITMENT SHALL BE AVAILABLE ONLY TO FINANCE THE
PURCHASE OF DEFENSE ITEMS BY THE BORROWER PURSUANT TO PURCHASE
ARRANGEMENTS AUTHORIZED FOR SUCH FINANCING BY DOD WHICH ARE ENTERED INTO
BY THE BORROWER ON OR BEFORE 31 DECEMBER 1977. EACH AUTHORIZATION FOR
THE BORROWER TO ENTER INTO A PURCHASE ARRANGEMENT IN IMPLEMENTATION OF
THIS CREDIT AGREEMENT SHALL BE SEPARATELY COMMUNICATED BY DOD IN WRITING
TO THE BORROWER, WHICH AUTHORIZATION SHALL SPECIFY THE DEFENSE ITEMS AND
THE AMOUNT OF CREDIT AUTHORIZED FOR THAT PURCHASE ARRANGEMENT. THE
BORROWER SHALL INCORPORATE INTO EACH SUCH PURCHASE ARRANGEMENT WITH
COMMERCIAL SUPPLIERS THE PROVISIONS OF ANNEX A HERETO AND ATTACH AS AN
EXHIBIT TO THE PURCHASE ARRANGEMENT A TRUE COPY OF THE APPLICABLE
AFORESAID AUTHORIZATION AND OF PARAGRAPH 9 OF THIS CREDIT AGREEMENT.
3. EACH LOAN HEREUNDER BY THE LENDER SHALL BE MADE IN ACCORDANCE
WITH THE FOLLOWING PROCEDURES:
(A) EACH LOAN SHALL BE MADE ON SUCH DATE (HEREINAFTER REFERRED TO AS
A "DISBURSEMENT DATE") AS MAY BE DESIGNATED BY THE BORROWER FROM TIME TO
TIME UPON TEN (10) DAYS WRITTEN NOTICE BY THE BORROWER TO THE LENDER.
(B) EACH NOTICE SHALL SPECIFY THE AMOUNT OF THE LOAN TO BE MADE BY
THE LENDER ON THE DISBURSEMENT DATE, AND SHALL SPECIFY THE SUPPLIER OR
SUPPLIERS (INCLUDING THE MILITARY DEPARTMENT OR AGENCIES OF DOD) TO WHOM
THE DISBURSEMENT IS TO BE REMITTED BY THE LENDER.
(C) EACH NOTICE SHALL BE SENT TO THE COMPTROLLER, DEFENSE SECURITY
ASSISTANCE AGENCY, THE PENTAGON, WASHINGTON, D.C. 20301.
(D) IN THE CASE OF DISBURSEMENTS REQUESTED TO BE MADE TO COMMERCIAL
SUPPLIERS, THE INVOICES SHALL BE PREPARED IN ACCORDANCE WITH THE
PROCEDURE SET FORTH IN ANNEX A HERETO.
(E) IN THE CASE OF DISBURSEMENTS REQUESTED TO BE MADE TO THE MILITARY
DEPARTMENTS AND AGENCIES OF DOD, THE NOTICES SHALL HAVE ANNEXED THERETO
COPIES OF THE PAYMENT REQUEST RECEIVED BY THE BORROWER FROM SUCH
MILITARY DEPARTMENT OR AGENCY AGAINST WHICH DISBURSEMENT IS REQUESTED.
F. WITH EACH NOTICE, THE BORROWER SHALL CONCURRENTLY TRANSMIT TO THE
LENDER AT THE ADDRESS SET FORTH IN SUBPARAGRAPH (C) ABOVE OF THIS
PARAGRAPH A PROMISSORY NOTE SUBSTANTIALLY IN THE FORM OF ANNEX B HERETO
(WITH THE BLANKS APPROPRIATELY FILLED IN) RECITING THE OBLIGATION OF THE
BORROWER TO REPAY THE AMOUNT OF SUCH LOAN WITH INTEREST THEREON AS
HEREINAFTER SET FORTH. (THE PROMISSORY NOTES HEREINABOVE REFERRED TO
ARE HEREINAFTER CALLED THE "NOTES" AND INDIVIDUALLY A "NOTE").
4.(A) ALL DEFENSE ARTICLES, THE PURCHASE OF WHICH IS TO BE FINANCED
HEREUNDER, AND WHICH MAY BE TRANSPORTED BY OCEAN VESSEL, SHALL BE
TRANSPORTED IN VESSELS OF UNITED STATES REGISTRY UNLESS A WAIVER OF THIS
REQUIREMENT IS OBTAINED. MARINE TRANSPORTATION WAIVER PROCEDURES ARE AT
ANNEX C HERETO.
(B) IF A WAIVER IS NECESSARY, THE BORROWER'S REQUEST SHOULD BE
ADDRESSED TO THE DIRECTOR, DEFENSE SECURITY ASSISTANCE AGENCY, THE
PENTAGON, WASHINGTON, D.C. 20301, WITH A COPY TO THE DIRECTOR, OFFICE OF
MARKET DEVELOPMENT, MARITIME ADMINISTRATION, U.S. DEPARTMENT OF
COMMERCE, WASHINGTON, D.C. 20301.
(C) A WAIVER MAY BE GRANTED BY THE DIRECTOR, DEFENSE SECURITY
ASSISTANCE AGENCY, UPON REQUEST BY THE BORROWER:
(1) WHERE THE BORROWER PROPOSES TO TRANSPORT NOT MORE THAN FIFTY
PERCENT (50%) OF THE SHIPMENT ABOARD VESSELS OF ITS NATIONAL FLAG, UPON
THE CONDITION THAT THE IMPORTING COUNTRY DOES NOT DISCRIMINATE AGAINST
VESSELS OF U.S. REGISTRY. (WHEN SO REQUESTING, THE BORROWER MUST SUBMIT
ITS REQUEST SUFFICIENTLY IN ADVANCE OF THE INTENDED SHIPPING DATE TO
ENABLE VERIFICATION OF THE TREATMENT ACCORDED VESSELS OF U.S. REGISTRY
BY THE IMPORTING NATION, AND TO PROCESS THE APPLICATION.); OR
(2) ON THE BASIS OF NON-AVAILABILITY OF VESSELS OF UNITED STATES
REGISTRY AT REASONABLE RATES. (WHEN SO REQUESTING, THE BORROWER MUST
ESTABLISH AND DOCUMENT ALL APPLICABLE COMPARATIVE RATES, AND MUST SUBMIT
SUCH INFORMATION SUFFICIENTLY IN ADVANCE OF THE INTENDED SHIPPING DATE
TO ENABLE VERIFICATION OF THE NON-AVAILABILITY OF VESSELS OF UNITED
STATES REGISTRY AT REASONABLE RATES AND TO PROCESS THE APPLICATION.);
(3) ON THE BASIS OF THE NON-AVAILABILITY OF VESSELS OF UNITED STATES
REGISTRY. (WHEN SO REQUESTING, THE BORROWER MUST ESTABLISH AND DOCUMENT
THAT IT HAS MADE A REASONABLE, TIMELY AND BONA FIDE EFFORT TO ARRANGE
SHIPMENT ON VESSELS OF UNITED STATES REGISTRY, AND THAT SUCH VESSELS ARE
NOT AVAILABLE. SUCH APPLICATION MUST BE SUBMITTED SUFFICIENTLY IN
ADVANCE OF THE INTENDED SHIPPING DATE TO ENABLE VERIFICATION OF THE
NON-AVAILABILITY OF UNITED STATES REGISTRY AND TO PROCESS THE
APPLICATION.);
(4) ON THE BASIS OF SECURITY REQUIREMENTS OF THE BORROWER TO ASSURE
SAFE ARRIVAL (WHEN SO REQUESTING, THE BORROWER MUST PROVIDE THE SPECIFIC
SECURITY OR SAFETY REQUIREMENTS AND INFORMATION INVOLVED IN SUCH
SHIPMENTS SUFFICIENTLY IN ADVANCE OF THE INTENDED SHIPPING DATE TO
ENABLE VERIFICATION OF THE SECURITY OR SAFETY REQUIREMENTS AND TO
PROCESS THE APPLICATION.)
(D) THE BORROWER OR ITS COMMERCIAL SUPPLIERS SHALL BE RESPONSIBLE FOR
OBTAINING SUCH EXPORT LICENSES AS MAY BE NECESSARY FOR DEFENSE ITEMS
FINANCED HEREUNDER.
5. THIS AGREEMENT EVIDENCES THE LEGAL AND BINDING OBLIGATION OF THE
BORROWER TO MAKE REPAYMENTS TO THE LENDER FOR DISBURSEMENTS MADE BY THE
LENDER IN ACCORDANCE WITH THE TERMS HEREOF. THE LENDER MAY SELL OR
ASSIGN, IN WHOLE OR IN PART, ITS RIGHTS TO SAID REPAYMENTS AND MAY, WITH
RESPECT TO SUCH SALE OR ASSIGNMENT, GUARANTEE PAYMENT OF THE SAME.
6(A) THE BORROWER SHALL REPAY THE DISBURSEMENTS MADE BY THE LENDER IN
ACCORDANCE WITH THE PRINCIPAL REPAYMENT SCHEDULE SET FORTH IN ANNEX D
HERETO, AND SHALL PAY INTEREST SEMIANNUALLY ON JUNE 30 AND DECEMBER 31
COMMENCING DECEMBER 31, 1976 AT THE RATE OF EIGHT (8%) PERCENT PER
ANNUM, USING A 365 DAY FACTOR, ON THE AMOUNT FROM TIME TO TIME
CUMULATIVE DISBURSEMENTS EXCEED REPAYMENTS OF PRINCIPAL.
(B) IF ON ANY INSTALLMENT REPAYMENT DATE SET FORTH IN THE PRINCIPAL
REPAYMENT SCHEDULE THE BORROWER SHALL NOT HAVE AVAILED ITSELF OF THE
COMMITMENT OF THE LENDER IN AN AGGREGATE AMOUNT (LESS REPAYMENTS
PREVIOUSLY MADE) EQUAL TO THE AGGREGATE INSTALLMENT OF PRINCIPAL WHICH
IS REPAYABLE ON SUCH DATE TO THE LENDER, THE BORROWER SHALL, ON SUCH
INSTALLMENT REPAYMENT DATE, REPAY TO THE LENDER THE FULL AMOUNT (LESS
REPAYMENTS PREVIOUSLY MADE) TO WHICH IT HAS AVAILED ITSELF OF THE
COMMITMENT OF THE LENDER TO SUCH DATE, TOGETHER WITH THE INTEREST
ACCRUED THEREON. IF AT ANY TIME THEREAFTER THE BORROWER SHALL AVAIL
ITSELF OF THE COMMITMENT OF THE LENDER IN AN AMOUNT WHICH WOULD HAVE
BEEN REPAYABLE ON A PRIOR INSTALLMENT REPAYMENT DATE BUT FOR THE
PROVISIONS OF THE IMMEDITATELY PRECEEDING SENTENCE, SUCH AMOUNT,
TOGETHER WITH THE INTEREST ACCRUED THEREON, SHALL BE REPAYABLE ON THE
NEXT SUCCEEDING INSTALLMENT DATE OF THE PRINCIPAL REPAYMENT SCHEDULE
OCCURRING AFTER THE DISBURSEMENT OF SUCH AMOUNT AND THE SAID AGGREGATE
INSTALLMENT OF PRINCIPAL REPAYABLE UNDER THE PRINCIPAL REPAYMENT
SCHEDULE TO THE LENDER ON THAT DATE SHALL BE INCREASED BY SUCH AMOUNT.
(C) IF BY THE DATE SPECIFIED IN PARAGRAPH 2 ABOVE, THE BORROWER SHALL
NOT HAVE ENTERED INTO AUTHORIZED PURCHASE ARRANGEMENTS IN AN AGGREGATE
AMOUNT EQUAL TO THE ENTIRE AMOUNT OF THE COMMITMENT, THE INSTALLMENTS OF
PRINCIPAL REPAYABLE TO THE LENDER SET FORTH IN THE PRINCIPAL REPAYMENT
SCHEDULE SHALL BE REDUCED IN THE INVERSE ORDER OF THE MATURITY THEREOF
TO THE EXTENT OF THE UNUSED BALANCE OF THE COMMITMENT.
(D) WHENEVER ANY REPAYMENT TO BE MADE BY THE BORROWER SHALL BE DUE ON
A SATURDAY, SUNDAY, OR PUBLIC HOLIDAY UNDER THE LAWS OF THE LENDER, SUCH
REPAYMENT MAY BE MADE ON THE NEXT SUCCEEDING BUSINESS DAY, AND SUCH
EXTENSION OF TIME SHALL IN SUCH CASE BE INCLUDED IN COMPUTING INTEREST
IN CONNECTION WITH SUCH REPAYMENT BUT EXCLUDED FROM THE NEXT INTEREST
PERIOD.
(E) THE BORROWER MAY PREPAY THE CREDIT EXTENDED UNDER THIS AGREEMENT
IN PART OR IN FULL ON ANY INTEREST PAYMENT DATE WITHOUT PENALTY OR
PREMIUM, BUT SUCH PREPAYMENT MUST BE ACCOMPANIED BY PAYMENT OF INTEREST
ON THE AMOUNT PREPAID TO THE DATE OF PREPAYMENT AND MUST BE APPLIED TO
THE SATISFACTION OF INSTALLMENTS OF PRINCIPAL REPAYMENTS IN THE INVERSE
ORDER OF THEIR MATURITIES.
(F) ALL REPAYMENTS BY THE BORROWER ON ACCOUNT OF PRINCIPAL OR
INTEREST SHALL BE IN LAWFUL MONEY OF THE UNITED STATES OF AMERICA AND IN
IMMEDIATELY AVAILABLE FUNDS, FREE AND CLEAR OF, AND WITHOUT DEDUCTION
FOR, ANY AND ALL TAXES, LEVIES, IMPOSTS, DEDUCTIONS AND WITHHOLDINGS
WHATSOEVER IMPOSED, LEVIED, COLLECTED OR ASSESSED WITH RESPECT THERETO
BY ANY CENTRAL OR LOCAL AUTHORITY OF ISRAEL.
7.(A) THE NOTES SHALL BE FURTHER EVIDENCE OF THE OBLIGATION OF THE
BORROWER TO REPAY THE LOANS MADE HEREUNDER. EACH NOTE SHALL BE DATED
THE PARTICULAR DISBURSEMENT DATE OF THE LOAN WHICH SUCH NOTE EVIDENCES,
SHALL BE PAYABLE TO THE ORDER OF THE GOVERNMENT OF THE UNITED STATES IN
THE PRINCIPAL AMOUNT OF SUCH DISBURSEMENT, AND SHALL BEAR INTEREST ON
THE UNPAID PRINCIPAL AMOUNT THEREOF AS PROVIDED IN PARAGRAPH 6(A).
(B) THE NOTES SHALL BE COMPLETED BY THE BORROWER IN SUCH A MANNER
THAT REPAYMENT OF SUCH LOANS SHALL BE MADE IN THE ORDER OF THEIR
DISBURSEMENT, UTILIZING THE PRINCIPAL REPAYMENT SCHEDULE SET FORTH IN
ANNEX D (AS THE SAME MAY BE ADJUSTED IN ACCORDANCE WITH PARAGRAPHS 6(B)
AND 6(C) HEREOF), AND, IN DETERMINING WHETHER A PARTICULAR LOAN IS
PAYABLE IN ONE OR MORE INSTALLMENTS, UTILIZING A PARTICULAR INSTALLMENT
PAYMENT DATE ONLY AFTER THE FULL UTILIZATION OF THE NEXT PRECEDING
INSTALLMENT DATE.
(C) EACH NOTE SHALL BE SIGNED ON BEHALF OF THE BORROWER BY THE
DIRECTOR OR DEPUTY DIRECTOR OF THE MINISTRY OF DEFENSE MISSION, NEW
YORK, AND THE TREASURER OR ASSISTANT TREASURER OF THE MINISTRY OF
DEFENSE MISSION, NEW YORK.
8.(A) THE BORROWER REPRESENTS AND WARRANTS THAT THE MAKING AND
PERFORMANCE OF THIS AGREEMENT HAVE BEEN DULY AUTHORIZED IN ACCORDANCE
WITH THE LAWS OF ISRAEL AND SHALL FURNISH TO THE LENDER UPON REQUEST
EVIDENCE, SATISFACTORY TO THE LENDER, OF THE AUTHORITY OF THE PERSON OR
PERSONS WHO HAVE SIGNED THIS AGREEMENT ON BEHALF OF THE BORROWER AND OF
THE PERSON OR PERSONS WHO WILL SIGN THE NOTES PROVIDED FOR HEREIN ON
BEHALF OF THE BORROWER, TOGETHER WITH THE AUTHENTICATED SPECIMEN
SIGNATURE, IN DUPLICATE, OF EACH OF THE LATTER.
(B) THIS AGREEMENT SHALL INURE TO THE BENEFITS OF THE HOLDERS OF THE
NOTES, THEIR RESPECTIVE SUCCESSORS AND ASSIGNS. THIS AGREEMENT AND THE
NOTES SHALL BE DEEMED TO BE CONTRACTS UNDER THE LAW OF THE DISTRICT OF
COLUMBIA AND FOR ALL PURPOSES SHALL BE CONSTRUED IN ACCORDANCE WITH SAID
LAW. THE BORROWER AGREES THAT JURISDICTION MAY BE TAKEN BY COURTS IN
THE DISTRICT OF COLUMBIA WITH RESPECT TO MATTERS INVOLVING ANY NOTE,
PROVIDED EACH NOTE IS HELD BY AN INDIVIDUAL, PARTNERSHIP, CORPORATION,
OR OTHER PRIVATE LEGAL ENTITY.
(C) THE BORROWER SHALL IN ALL CASES PAY WHEN AND AS DUE THE PRINCIPAL
OF AND INTEREST ON ALL NOTES ISSUED HEREUNDER, NOTWITHSTANDING ANY
CLAIMS WHICH THE BORROWER MAY NOW OR HEREAFTER HAVE AGAINST ANY SUPPLIER
OF THE DEFENSE ITEMS, DOD, THE LENDER, OR ANY OTHER PERSONS OR ENTITY IN
CONNECTION WITH ANY OTHER TRANSACTION, FOR ANY REASON WHATSOEVER.
9. UPON THE OCCURRENCE OF ANY OF THE FOLLOWING EVENTS OF DEFAULT:
(A) IF THE BORROWER FAILS FOR A PERIOD OF TEN (10) DAYS TO MAKE ANY
PAYMENT OF PRINCIPAL OF, OR INTEREST ON, ANY NOTE WHEN DUE;
(B) IF ANY REPRESENTATION OR WARRANTY MADE BY THE BORROWER HEREIN OR
ANY CERTIFICATE FURNISHED BY THE BORROWER PURSUANT HERETO PROVES TO BE
AT ANY TIME INCORRECT IN ANY MATERIAL RESPECT; OR
(C) IF THE BORROWER DEFAULTS IN THE PERFORMANCE OF ANY OTHER TERM,
COVENANT OR UNDERTAKING CONTAINED IN THIS CREDIT AGREEMENT, AND SUCH
DEFAULT SHALL CONTINUE UNREMEDIED FOR 30 DAYS AFTER WRITTEN NOTIFICATION
THEREOF SHALL HAVE BEEN GIVEN TO THE BORROWER BY THE LENDER; THEN, AND
IN ANY SUCH EVENT, THE HOLDER OF ANY NOTE MAY DECLARE IMMEDIATELY DUE
AND PAYABLE THE UNPAID PRINCIPAL OF, AND ACCRUED INTEREST ON, ANY OR ALL
NOTES HELD BY SUCH HOLDER AND SUCH AMOUNTS SHALL BECOME IMMEDIATELY DUE
AND PAYABLE WITHOUT PROTEST, PRESENTMENT, NOTICE OR OTHER DEMAND OF ANY
KIND, ALL OF WHICH ARE HEREBY EXPRESSLY WAIVED BY THE BORROWER, AND THE
LENDER MAY TERMINATE ITS COMMITMENT HEREUNDER.
10. ALL COMMUNICATIONS AND OTHER DOCUMENTS REQUIRED OR PERMITTED
HEREUNDER, UNLESS SUBMITTED IN THE ENGLISH LANGUAGE, SHALL BE
ACCOMPANIED BY ONE ENGLISH TRANSLATION FOR EACH COPY OF SUCH DOCUMENTS
TO BE FURNISHED AND, IN THE EVENT OF CONFLICT, THE ENGLISH VERSION SHALL
GOVERN. EXCEPT AS OTHERWISE PROVIDED HEREIN, ALL NOTICES, REQUESTS OR
DEMANDS HEREUNDER SHALL BE DEEMED TO HAVE BEEN GIVEN OR MADE UPON THE
MAILING OF THE SAME, POSTAGE PREPAID, OR IN THE CASE OF TELEGRAPHIC
NOTICE, ON DELIVERY TO THE TELEGRAPHIC COMPANY, ADDRESSED IN THE CASE OF
THE BORROWER, TO THE DIRECTOR, MINISTRY OF DEFENSE MISSION, GOVERNMENT
OF ISRAEL, WITH A COPY TO THE TREASURY REPRESENTATIVE OF THE GOVERNMENT
OF ISRAEL BOTH AT 850 THIRD AVENUE, NEW YORK, NEW YORK 10022, AND IN THE
CASE OF THE LENDER TO THE DIRECTOR, DEFENSE SECURITY ASSISTANCE AGENCY,
THE PENTAGON, WASHINGTON, D.C. 20301.
11. THIS AGREEMENT MAY BE EXECUTED IN ANY NUMBER OF COUNTERPARTS AND
BY THE PARTIES HERETO ON SEPARATE COUNTERPARTS, EACH OF WHICH SHALL BE
DEEMED AN ORIGINAL BUT ALL SUCH COUNTERPARTS TO CONSTITUTE ONE AND THE
SAME INSTRUMENT.
12. ANNEX A THROUGH D ATTACHED HERETO ARE, BY THIS REFERENCE, MADE A
PART OF THIS AGREEMENT.
IN WITNESS WHEREOF, THE PARTIES HERETO HAVE DULY EXECUTED THIS
AGREEMENT THIS 30TH DAY OF JUNE, 1976.
THE GOVERNMENT OF ISRAEL
. . .
BY J. CIECHANOVER
DIRECTOR, MINISTRY OF DEFENSE
MISSION TO THE UNITED STATES
. . .
BY H. ELAZAR
ASSISTANT TREASURER, MINISTRY
OF DEFENSE
MISSION TO THE UNITED STATES
THE FOLLOWING PROCEDURES AND CONDITIONS SHALL BE ADHERED TO PRIOR TO
EACH DISBURSEMENT TO BE MADE BY THE GOVERNMENT OF THE UNITED STATES FOR
THE ACCOUNT OF THE GOVERNMENT OF ISRAEL.
1. THE SUPPLIER SHALL PREPARE AND SUBMIT TO THE DESIGNATED
REPRESENTATIVES OF THE GOVERNMENT OF ISRAEL IN NEW YORK, NEW YORK,
INVOICES ON U.S. STANDARD FORM 1034 IN SUFFICIENT NUMBER OF COPIES TO
PERMIT THE FORWARDING OF FOUR COPIES TO THE DISBURSING OFFICER
DESIGNATED IN PARAGRAPH 5 BELOW.
2. THE SUPPLIER SHALL INSURE THAT EACH INVOICE IS IN ACCORDANCE WIT
RELEVANT PROVISIONS OF ITS PURCHASE ARRANGEMENT WITH THE GOVERNMENT OF
ISRAEL.
3. THE SUPPLIER SHALL ATTACH TO EACH INVOICE A STATEMENT THAT
AUTHORIZED REPRESENTATIVES OF THE GOVERNMENT OF THE UNITED STATES SHALL,
UNTIL THE EXPIRATION OF THREE YEARS AFTER FINAL PAYMENT HEREUNDER, HAVE
ACCESS TO AND THE RIGHT TO EXAMINE ANY DIRECTLY RELATED PERTINENT BOOKS,
DOCUMENTS, PAPERS AND RECORDS OF THE SUPPLIER INVOLVING TRANSACTIONS
RELATING TO THE AFORESAID PURCHASE ARRANGEMENT.
4. TO THE EXTENT THAT ANY INVOICE REQUESTS PAYMENT OF ADVANCES, AS
DISTINGUISHED FROM PAYMENT FOR DELIVERY ITEMS OR REIMBURSEMENT IN THE
FORM OF PROGRESS PAYMENTS FOR WORK OR SERVICES PERFORMED, THE SUPPLIER
SHALL ATTACH TO THE INVOICE A STATEMENT SETTING FORTH THE UNDERTAKING OF
THE SUPPLIER THAT THE FULL AMOUNT OF THE ADVANCE WILL BE MAINTAINED BY
THE SUPPLIER IN A SEGREGATED ACCOUNT WHICH WILL BE APPLIED SOLELY TO THE
PERFORMANCE OF THE SUPPLIER'S OBLIGATIONS UNDER THE PURCHASE
ARRANGEMENT.
5. THE DESIGNATED REPRESENTATIVE OF THE GOVERNMENT OF ISRAEL IN NEW
YORK, NEW YORK, SHALL FORWARD SUCH INVOICES TO THE COMPTROLLER, DEFENSE
SECURITY ASSISTANCE AGENCY, THE PENTAGON, WASHINGTON, D.C. 20301.
6. EACH INVOICE SHALL BE ACCOMPANIED BY A CERTIFICATION OF THE
GOVERNMENT OF ISRAEL AS FOLLOWS:
"THE GOVERNMENT OF ISRAEL CONFIRMS (THAT THE DEFENSE ITEMS SET FORTH
THEREIN HAVE BEEN SATISFACTORILY RECEIVED BY OR FOR THE GOVERNMENT OF
ISRAEL (THAT THE WORK OR SERVICES FOR WHICH PROGRESS PAYMENTS ARE
REQUESTED HAVE BEEN SATISFACTORILY RENDERED) (THAT PAYMENT IS OTHERWISE
DUE) UNDER ITS PURCHASE ARRANGEMENT OF (DATE) FOR THE PURCHASE OF
DEFENSE ITEMS FROM SUPPLIER, AND CERTIFIES THAT THE BILL IS CORRECT AND
JUST AND THAT PAYMENT THEREFOR HAS NOT BEEN MADE.
PAYMENT OF THIS INVOICE IS REQUESTED BY THE MINISTRY OF DEFENSE OF
THE GOVERNMENT OF ISRAEL PURSUANT TO THE TERMS OF THE CREDIT AGREEMENT
OF (DATE) BETWEEN THE . . . OF THE GOVERNMENT OF ISRAEL AND THE
GOVERNMENT OF THE UNITED STATES OF AMERICA. THE GOVERNMENT OF ISRAEL
CONFIRMS THAT SAID PURCHASE ARRANGEMENT IS ONE OF THE PURCHASE
ARRANGEMENTS AUTHORIZED BY THE DEPARTMENT OF DEFENSE OF THE UNITED
STATES OF AMERICA PURSUANT TO THE AFORESAID CREDIT AGREEMENT OF (DATE)
AND FURTHER CONFIRMS THAT THE CUMULATIVE TOTAL OF THIS INVOICE AND
INVOICES PREVIOUSLY PAID BY THE GOVERNMENT OF THE UNITED STATES AGAINST
SAID PURCHASE ARRANGEMENT DOES NOT EXCEED THE AGGREGATE CREDIT CEILING
ESTABLISHED BY THE GOVERNMENT OF THE UNITED STATES FOR THE SAID PURCHASE
ARRANGEMENT.
U.S. $ . . . , WASHINGTON, D.C.
FOR VALUE RECEIVED, THE UNDERSIGNED, THE GOVERNMENT OF . . . (HEREIN
CALLED " . . . "), HEREBY PROMISES TO PAY TO THE ORDER OF THE GOVERNMENT
OF THE UNITED STATES OF AMERICA (HEREIN CALLED "UNITED STATES") THE
PRINCIPAL SUM OF . . . UNITED STATES DOLLARS (U.S. $ . . . ) AS FOLLOWS:
(AMOUNT) (DATE) TOGETHER WITH INTEREST ON ANY AND ALL AMOUNTS
REMAINING UNPAID HEREUNDER FROM TIME TO TIME FROM THE DATE HEREOF UNTIL
THIS NOTE SHALL BE PAID IN FULL, PAYABLE SEMIANNUALLY ON . . . AND . . .
OF EACH YEAR FROM DATE HEREOF AT THE RATE OF . . . PER CENT PER ANNUM (
%) USING A 365 DAY FACTOR, BOTH PRINCIPAL AND INTEREST TO BE PAYABLE IN
LAWFUL MONEY OF THE UNITED STATES OF AMERICA TO THE COMPTROLLER, DEFENSE
SECURITY ASSISTANCE AGENCY, ATTN: JOINT FINANCIAL MANAGEMENT OFFICE,
THE PENTAGON, WASHINGTON, D.C. 20301. ALL PAYMENTS MADE ON ACCOUNT OF
THE PRINCIPAL AMOUNT REMAINING UNPAID HEREUNDER SHALL BE ENDORSED BY THE
HOLDER ON THE REVERSE SIDE OF THIS NOTE.
WHENEVER ANY PAYMENT TO BE MADE SHALL BE DUE ON SATURDAY, SUNDAY, OR
A PUBLIC HOLIDAY UNDER THE LAWS OF THE GOVERNMENT OF THE UNITED STATES,
SUCH PAYMENT MAY BE MADE ON THE NEXT SUCCEEDING BUSINESS DAY, AND SUCH
EXTENSION OF TIME SHALL IN SUCH CASE BE INCLUDING IN COMPUTING INTEREST
IN CONNECTION WITH SUCH PAYMENTS BUT EXCLUDED FROM THE NEXT INTEREST
PERIOD.
THIS NOTE MAY BE PREPAID ON ANY INTEREST PAYMENT DATE. PREPAYMENTS
SHALL BE APPLIED TO THE INSTALLMENTS HEREOF IN THE REVERSE ORDER OF
THEIR MATURITY. ALL PAYMENTS OF PRINCIPAL AND INTEREST ON THIS NOTE ARE
PAYABLE IN LAWFUL MONEY OF THE UNITED STATES OF AMERICA AND IN
IMMEDIATELY AVAILABLE FUNDS, FREE AND CLEAR OF, AND WITHOUT DEDUCTION
FOR, ANY TAXES, LEVIES, IMPOSTS, DEDUCTIONS, AND WITHHOLDINGS WHATSOEVER
NOW OR HEREAFTER IMPOSED, LEVIED, COLLECTED OR ASSESSED WITH RESPECT
THERETO BY ANY CENTRAL OR LOCAL AUTHORITY OF . . . AND SHALL BE PAID
FREE FROM ALL RESTRICTIONS OF ANY CENTRAL OR LOCAL AUTHORITY OF . . . .
THE GOVERNMENT OF . . . AGREES TO PAY ALL OUT-OF-POCKET COSTS AND
EXPENSES IN CONNECTION WITH COLLECTION AFTER DEFAULT OF THIS NOTE
(INCLUDING THE REASONABLE FEES AND OUT-OF-POCKET EXPENSES OF COUNSEL) AS
WELL AS ALL STAMP AND SIMILAR TAXES, IF ANY, NOW OR HEREAFTER IN EFFECT,
AND TO SAVE THE HOLDER OF THE NOTE HARMLESS FROM ANY AND ALL LIABILITIES
WITH RESPECT TO OR RESULTING FROM ANY DELAY OR OMISSION TO PAY SUCH
TAXES.
1. THE FOLLOWING PROCEDURES AND CONDITIONS SHALL BE ADHERED TO
CONCERNING MARINE TRANSPORTATION OF DEFENSE ARTICLES, THE PURCHASE OF
WHICH IS TO BE FINANCED UNDER THIS AGREEMENT. ALL DEFENSE ARTICLES,
WHICH ARE TRANSPORTED BY OCEAN VESSEL, SHALL BE TRANSPORTED IN PRIVATELY
OWNED VESSELS OF UNITED STATES REGISTRY UNLESS A WAIVER OF THIS
REQUIREMENT IS OBTAINED FROM THE DIRECTOR, DEFENSE SECURITY ASSISTANCE
AGENCY, DEPARTMENT OF DEFENSE. REQUESTS FOR WAIVER ARE CATEGORIZED AS
GENERAL, NON-AVAILABILITY OR SECURITY AS OUTLINED BELOW:
A. GENERAL WAIVERS
CONSIDERATION WILL BE GIVEN TO A WAIVER APPLICATION TO AUTHORIZE
VESSELS FLYING THE FLAG OF THE COUNTRY TO WHOM THIS AGREEMENT APPLIES TO
PARTICIPATE IN THE TRANSPORTATION OF CARGO GENERATED UNDER THIS
AGREEMENT PROVIDED THE RECIPIENT COUNTRY DOES NOT DISCRIMINATE AGAINST
UNITED STATES FLAG VESSELS IN THE CARRIAGE OF THE EXPORTS OR IMPORTS OF
THE RECIPIENT NATION. APPROVAL MAY BE GRANTED FOR RECIPIENT NATION'S
VESSELS TO CARRY UP TO, BUT NOT IN EXCESS OF 50 PERCENT OF THE CARGO
UNDER THIS AGREEMENT. OCEAN FREIGHT REVENUE IS THE MAIN CRITERION FOR
DETERMINING FLAG PARTICIPATION BUT CARGO VALUATION SHALL ALSO BE TAKEN
INTO CONSIDERATION. ACCORDINGLY, THROUGHOUT THE LIFE OF THIS AGREEMENT,
U.S. FLAG VESSELS SHALL NOT RECEIVE LESS THAN 50% OF THE CARGO VALUATION
AND OCEAN FREIGHT REVENUE IN SO FAR AS PRACTICABLE.
APPLICATIONS FOR GENERAL WAIVER SHOULD BE SUBMITTED AS SOON AS
PRACTICABLE AFTER DETERMINATION HAS BEEN MADE TO USE RECIPIENT COUNTRY
FLAG VESSELS BUT AT LEAST TWENTY-ONE (21) DAYS IN ADVANCE OF INTENDED
SHIPPING DATES TO ENABLE VERIFICATION OF THE TREATMENT ACCORDED VESSELS
OF U.S. REGISTRY AND TO PROCESS THE APPLICATION.
SUBSEQUENT TO THE GRANTING OF A GENERAL WAIVER, IF IT OCCURS THAT
NEITHER UNITED STATES FLAG VESSELS NOR RECIPIENT COUNTRY FLAG VESSELS
ARE AVAILABLE, CONSIDERATION WILL BE GIVEN TO SPECIFIC WAIVER
APPLICATIONS TO AUTHORIZE, ON A SHIPMENT-BY-SHIPMENT BASIS, THE USE OF
THIRD FLAG VESSELS. APPLICATIONS FOR THE USE OF A THIRD FLAG VESSEL
UNDER AN APPROVED GENERAL WAIVER SHOULD BE SUBMITTED AT LEAST 21 DAYS
PRIOR TO THE INTENDED SHIPPING DATE TO ALLOW TIME TO PROCESS THE
APPLICATION. IF A WAIVER IS GRANTED TO ALLOW THE USE OF A THIRD FLAG
VESSEL FOR A PARTICULAR SHIPMENT UNDER AN EXISTING GENERAL WAIVER, THE
CARGO CARRIED BY THE THIRD FLAG VESSEL SHALL BE RECORDED AGAINST THE
RECIPIENT COUNTRY FLAG VESSELS' PORTION OF THE CARGO AVAILABLE UNDER THE
GENERAL WAIVER.
THE APPLICATION FOR A GENERAL WAIVER AND SUBSEQUENT WAIVERS FOR THE
USE OF THIRD FLAG VESSELS SHOULD BE SUBMITTED TO THE DIRECTOR, DEFENSE
SECURITY ASSISTANCE AGENCY, THE PENTAGON, WASHINGTON, D.C. 20301, WITH A
COPY TO THE DIRECTOR, OFFICE OF MARKET DEVELOPMENT, MARITIME
ADMINISTRATION, U.S. DEPARTMENT OF COMMERCE, WASHINGTON, D.C. 20230.
B. NON-AVAILABILITY WAIVERS
CONSIDERATION WILL BE GIVEN TO WAIVER APPLICATION TO AUTHORIZE USE OF
FOREIGN FLAG VESSELS IN THOSE CASES OF NON-AVAILABILITY OF UNITED STATES
FLAG VESSELS OR IN INSTANCES OF NON-AVAILABILITY OF UNITED STATES FLAG
VESSELS AT REASONABLE RATES.
APPLICATION FOR NON-AVAILABILITY WAIVERS TO PERMIT USE OF RECIPIENT
COUNTRY FLAG VESSELS NEED NOT BE SUBMITTED IF A GENERAL WAIVER HAS BEEN
APPROVED AND THE RECIPIENT NATION WILL USE U.S. FLAG VESSELS TO CARRY
OVER 50 PERCENT OF THE CARGO UNDER THIS AGREEMENT. APPLICATIONS ARE
REQUIRED WHERE A GENERAL WAIVER (1) HAS NOT BEEN APPLIED FOR, (2) HAS
NOT BEEN APPROVED, OR (3) HAS BEEN APPROVED BUT, ON A
SHIPMENT-BY-SHIPMENT BASIS, U.S. FLAG VESSELS ARE NOT AVAILABLE OR NOT
AVAILABLE AT REASONABLE RATES AND SHIPMENTS ON NON-U.S. FLAG VESSELS
WILL EXCEED 50 PERCENT OF THE CARGO UNDER THIS AGREEMENT. A GENERAL
WAIVER HAS BEEN APPROVED, EVERY EFFORT SHOULD BE MADE TO SHIP DEFENSE
ARTICLES AND EQUIPMENT, WHERE U.S. FLAG VESSELS ARE NOT AVAILABLE OR NOT
AVAILABLE AT REASONABLE RATES, UNDER THE RECIPIENT COUNTRY'S PORTION OF
THE CARGO AVAILABLE UNDER THE GENERAL WAIVER. THEREFORE, APPLICATIONS
FOR NON-AVAILABILITY WAIVERS, WHERE A GENERAL WAIVER HAS BEEN APPROVED,
SHOULD BE SUBMITTED ONLY UNDER UNUSUAL CIRCUMSTANCES.
APPLICATIONS ON THE BASIS OF NON-AVAILABILITY OF VESSELS OF UNITED
STATES REGISTRY MUST ESTABLISH AND DOCUMENT THAT THE RECIPIENT NATION
HAS MADE A REASONABLE, TIMELY AND BONA FIDE EFFORT TO ARRANGE SHIPMENT
ON VESSELS OF UNITED STATES REGISTRY AND THAT SUCH VESSELS ARE NOT
AVAILABLE. SUCH APPLICATIONS MUST BE SUBMITTED AT LEAST 21 DAYS IN
ADVANCE OF THE INTENDED SHIPPING DATE TO ENABLE VERIFICATION OF
NON-AVAILABILITY OF VESSELS OF UNITED STATES REGISTRY AND TO PROCESS THE
APPLICATION.
APPLICATIONS ON THE BASIS OF NON-AVAILABILITY OF VESSELS OF UNITED
STATES REGISTRY AT REASONABLE RATES MUST ESTABLISH AND DOCUMENT ALL
APPLICABLE COMPARATIVE RATES AND SHOULD BE SUBMITTED AT LEAST 21 DAYS IN
ADVANCE OF THE INTENDED SHIPPING DATE TO ENABLE VERIFICATION OF
NON-AVAILABILITY OF VESSELS OF UNITED STATES REGISTRY AT REASONABLE
RATES AND TO PROCESS THE APPLICATION.
APPLICATIONS FOR NON-AVAILABILITY WAIVERS MUST BE SUBMITTED ON A
SHIPMENT-BY-SHIPMENT BASIS. APPLICATIONS SHOULD BE SUBMITTED TO THE
DIRECTOR, DEFENSE SECURITY ASSISTANCE AGENCY, THE PENTAGON, WASHINGTON,
D.C. 20301, WITH A COPY TO THE DIRECTOR, OFFICE OF MARKET DEVELOPMENT,
MARITIME ADMINISTRATION, U.S. DEPARTMENT OF COMMERCE, WASHINGTON, D.C.
20230.
EACH APPLICATION FOR A NON-AVAILABILITY WAIVER SHOULD CONTAIN THE
FOLLOWING INFORMATION:
1. IDENTIFICATION AND ADDRESS OF THE APPLICANT
2. RECIPIENT COUNTRY
3. DATE AND SOURCE OF LOAN (FFB, ETC.)
4. MANUFACTURER AND/OR EXPORTER
5. LIST AND DESCRIPTION OF COMMODITIES TO BE SHIPPED
6. FAS VALUE OF COMMODITIES
7. SHIPPING DATE
8. LOADING PORT
9. DISCHARGE PORT
10. ESTIMATED OCEAN FREIGHT COST
11. PROPOSED VESSEL(S) TO BE USED
12. WEIGHT OF SHIPMENT
13. CUBE MEASUREMENT OF SHIPMENT
14. ORIGINAL POINT OF PRODUCTION
C. SECURITY WAIVERS
CONSIDERATION WILL BE GIVEN TO WAIVER APPLICATION TO AUTHORIZE
VESSELS FLYING THE FLAG OF THE COUNTRY TO WHOM THE AGREEMENT APPLIES ON
THE BASIS OF REASONABLE SECURITY NEEDS IN REGARDS TO THE CARGO AND THE
ARRIVAL OF SUCH CARGO AT ITS DESTINATION. A SECURITY WAIVER MAY BE
REQUESTED FOR A SPECIFIC SHIPMENT OR SERIES OF SHIPMENTS UNDER THIS
AGREEMENT WHERE SABOTAGE MAY REASONABLY BE EXPECTED OR A STATE OF
EMERGENCY EXISTS.
APPLICATION FOR SECURITY WAIVERS NEED NOT BE SUBMITTED IF A GENERAL
WAIVER HAS BEEN APPROVED AND THE RECIPIENT NATION WILL USE U.S. FLAG
VESSELS TO CARRY OVER 50 PERCENT OF THE CARGO UNDER THIS AGREEMENT.
APPLICATIONS ARE REQUIRED WHERE A GENERAL WAIVER (1) HAS NOT BEEN
APPLIED FOR, (2) HAS NOT BEEN APPROVED, OR (3) HAS BEEN APPROVED BUT, ON
A SHIPMENT-BY-SHIPMENT BASIS, USE OF RECIPIENT COUNTRY FLAG VESSELS WILL
EXCEED 50 PERCENT OF THE CARGO UNDER THIS AGREEMENT. IF A GENERAL
WAIVER HAS BEEN APPROVED, EVERY EFFORT SHOULD BE MADE TO SHIP THOSE
DEFENSE ARTICLES AND EQUIPMENT INVOLVING SPECIAL SECURITY OR SAFETY
REQUIREMENTS UNDER THE RECIPIENT COUNTRY'S PORTION OF THE CARGO
AVAILABLE UNDER THE GENERAL WAIVER. THEREFORE, WAIVER APPLICATIONS FOR
SECURITY OR SAFETY REASONS WHERE A GENERAL WAIVER HAS BEEN APPROVED
SHOULD BE SUBMITTED ONLY UNDER UNUSUAL CIRCUMSTANCES.
APPLICATION ON THE BASIS OF SECURITY MUST PROVIDE THE SPECIFIC
SECURITY OR SAFETY REQUIREMENTS AND INFORMATION INVOLVED IN THE
SHIPMENT(S) TO BE MADE AT LEAST 21 DAYS IN ADVANCE OF THE INTENDED
SHIPMENT(S) DATES TO ENABLE VERIFICATION OF THE SECURITY OR SAFETY
REQUIREMENTS AND TO PROCESS THE APPLICATION.
THE APPLICATION SHOULD BE PROVIDED TO THE DIRECTOR, DEFENSE SECURITY
ASSISTANCE AGENCY, THE PENTAGON, WASHINGTON, D.C. 20301, WITH A COPY OF
THE DIRECTOR, OFFICE OF MARKET DEVELOPMENT, MARITIME ADMINISTRATION,
U.S. DEPARTMENT OF COMMERCE, WASHINGTON, D.C. 20230.
2. IN ORDER TO MONITOR THE USE OF MARINE TRANSPORTATION UNDER THIS
AGREEMENT, PERTINENT INFORMATION SHOULD BE FORWARDED AS EARLY AS
POSSIBLE BUT NOT LATER THAN 90 DAYS AFTER SHIPMENT TO THE DIRECTOR,
OFFICE OF MARKET DEVELOPMENT, MARITIME ADMINISTRATION, U.S. DEPARTMENT
OF COMMERCE, WASHINGTON, D.C. 20230, FOR ALL SHIPMENTS OF GOODS FINANCE
IN WHOLE OR IN PART WITH CREDIT AND/OR GUARANTEED LOAN FUNDS. THE
FOLLOWING INFORMATION MUST BE REPORTED:
(A) DATE AND SOURCE OF LOAN (FFB, ETC.)
(B) FAS VALUE OF CARGO
(C) MANUFACTURER
(D) FREIGHT FORWARDER
(E) OCEAN FREIGHT COST
(F) NAME OF VESSEL
(G) VESSEL FLAG OF REGISTRY
(H) DATE OF LOADING
(I) PORT OF LOADING
(J) PORT OF FINAL DISCHARGE
(K) CARGO DESCRIPTION
(L) GROSS WEIGHT OF CARGO
(M) CUBIC MEASUREMENT OF CARGO
WHERE OBTAINABLE, A PROPERLY RATED AND LEGIBLE COPY OF THE OCEAN BILL
OF LADING IN ENGLISH WILL SUFFICE SO LONG AS ALL THE ABOVE INFORMATION
IS CONTAINED THEREON.
THE FIRST $15,853,658 OF DISBURSEMENTS ARE REPAYABLE ON JUNE 30, 1986
THE NEXT $15,853,658 OF DISBURSEMENTS ARE REPAYABLE ON DECEMBER 31,
1986
THE NEXT $15,853,658 OF DISBURSEMENTS ARE REPAYABLE ON JUNE 30, 1987
THE NEXT $15,853,658 OF DISBURSEMENTS ARE REPAYABLE ON DECEMBER 31,
1987
THE NEXT $15,853,658 OF DISBURSEMENTS ARE REPAYABLE ON JUNE 30, 1988
THE NEXT $15,853,658 OF DISBURSEMENTS ARE REPAYABLE ON DECEMBER 31,
1988
THE NEXT $15,853,658 OF DISBURSEMENTS ARE REPAYABLE ON JUNE 30, 1989
THE NEXT $15,853,658 OF DISBURSEMENTS ARE REPAYABLE ON DECEMBER 31,
1989
THE NEXT $15,853,658 OF DISBURSEMENTS ARE REPAYABLE ON JUNE 30, 1990
THE NEXT $15,853,658 OF DISBURSEMENTS ARE REPAYABLE ON DECEMBER 31,
1990
THE NEXT $15,853,658 OF DISBURSEMENTS ARE REPAYABLE ON JUNE 30, 1991
THE NEXT $15,853,658 OF DISBURSEMENTS ARE REPAYABLE ON DECEMBER 31,
1991
THE NEXT $15,853,658 OF DISBURSEMENTS ARE REPAYABLE ON JUNE 30, 1992
THE NEXT $15,853,658 OF DISBURSEMENTS ARE REPAYABLE ON DECEMBER 31,
1992
THE NEXT $15,853,658 OF DISBURSEMENTS ARE REPAYABLE ON JUNE 30, 1993
THE NEXT $15,853,658 OF DISBURSEMENTS ARE REPAYABLE ON DECEMBER 31,
1993
THE NEXT $15,853,658 OF DISBURSEMENTS ARE REPAYABLE ON JUNE 30, 1994
THE NEXT $15,853,658 OF DISBURSEMENTS ARE REPAYABLE ON DECEMBER 31,
1994
THE NEXT $15,853,658 OF DISBURSEMENTS ARE REPAYABLE ON JUNE 30, 1995
THE NEXT $15,853,658 OF DISBURSEMENTS ARE REPAYABLE ON DECEMBER 31,
1995
THE NEXT $15,853,658 OF DISBURSEMENTS ARE REPAYABLE ON JUNE 30, 1996
THE NEXT $15,853,658 OF DISBURSEMENTS ARE REPAYABLE ON DECEMBER 31,
1996
THE NEXT $15,853,658 OF DISBURSEMENTS ARE REPAYABLE ON JUNE 30, 1997
THE NEXT $15,853,658 OF DISBURSEMENTS ARE REPAYABLE ON DECEMBER 31,
1997
THE NEXT $15,853,658 OF DISBURSEMENTS ARE REPAYABLE ON JUNE 30, 1998
THE NEXT $15,853,658 OF DISBURSEMENTS ARE REPAYABLE ON DECEMBER 31,
1998
THE NEXT $15,853,658 OF DISBURSEMENTS ARE REPAYABLE ON JUNE 30, 1999
THE NEXT $15,853,658 OF DISBURSEMENTS ARE REPAYABLE ON DECEMBER 31,
1999
THE NEXT $15,853,658 OF DISBURSEMENTS ARE REPAYABLE ON JUNE 30, 2000
THE NEXT $15,853,658 OF DISBURSEMENTS ARE REPAYABLE ON DECEMBER 31,
2000
THE NEXT $15,853,658 OF DISBURSEMENTS ARE REPAYABLE ON JUNE 30, 2001
THE NEXT $15,853,658 OF DISBURSEMENTS ARE REPAYABLE ON DECEMBER 31,
2001
THE NEXT $15,853,658 OF DISBURSEMENTS ARE REPAYABLE ON JUNE 30, 2002
THE NEXT $15,853,658 OF DISBURSEMENTS ARE REPAYABLE ON DECEMBER 31,
2002
THE NEXT $15,853,658 OF DISBURSEMENTS ARE REPAYABLE ON JUNE 30, 2003
THE NEXT $15,853,658 OF DISBURSEMENTS ARE REPAYABLE ON DECEMBER 31,
2003
THE NEXT $15,853,658 OF DISBURSEMENTS ARE REPAYABLE ON JUNE 30, 2004
THE NEXT $15,853,658 OF DISBURSEMENTS ARE REPAYABLE ON DECEMBER 31,
2004
THE NEXT $15,853,658 OF DISBURSEMENTS ARE REPAYABLE ON JUNE 30, 2005
THE NEXT $15,853,658 OF DISBURSEMENTS ARE REPAYABLE ON DECEMBER 31,
2005
THE LAST $15,853,680 OF DISBURSEMENTS ARE REPAYABLE ON JUNE 30, 2006
TOTAL $650,000,000
JAPAN 7 SEP 1976 FLITE DOCUMENT NO. 7950064
ADDENDUM NO. 8 TO AGREEMENT EXECUTED 27 APRIL AND 7 SEPTEMBER 1976.
ADDENDUM NO. 8 TO AGREEMENT CONCERNING JOINT USE BY JGSDF OF USFJ
FACILITIES AT CAMP ZAMA, AGREEMENT NUMBER JU1-71. AMENDS AGREEMENT NO.
JU1-71 OF 29 JULY 1971.
THIS ADDENDUM NO. 8 IS ENTERED INTO BY AND BETWEEN THE DULY
AUTHORIZED REPRESENTATIVE OF THE U.S. ARMY JAPAN, HEREINAFTER REFERRED
TO AS USARJ, AND THE DULY AUTHORIZED REPRESENTATIVE OF THE JAPAN GROUND
SELF DEFENSE FORCE, HEREINAFTER REFERRED TO AS JGSDF.
WITNESSETH THAT:
WHEREAS, USARJ AND JGSDF ENTERED INTO AN AGREEMENT, NO. JU1-71, DATED
29 JULY 71, FOR THE JOINT-USE BY JGSDF OF A PORTION OF CAMP ZAMA, FAC
3079, UNDER THE AUTHORITY CONTAINED IN FSC MEMO NO. 792, AND
WHEREAS, SAID AGREEMENT JU1-71 AUTHORIZES THE PARTIAL USE OF
BUILDINGS NOS. S-300 AND S-346 BY THE JGSDF, AND
WHEREAS, JGSDF HAS REQUESTED THE USE OF AN ADDITIONAL 3,444 SQUARE
FEET OF SPACE IN BUILDING S-300, AND AN ADDITIONAL 523 SQUARE FEET OF
SPACE IN BUILDING S-346, AND
WHEREAS, USARJ AGREES TO PROVIDING THE SAID ADDITIONAL 3,967 SQUARE
FEET TO THE JGSDF.
NOW, THEREFORE, THE PARTIES HERETO MUTUALLY AGREE THAT AGREEMENT NO.
JU1-71 IS HEREBY AMENDED IN THE FOLLOWING PARTICULARS:
1. THE JGSDF IS PROVIDED AN ADDITIONAL 3,444 SQUARE FEET OF SPACE IN
BUILDING S-300 AS DELINEATED IN RED ON INCLOSURE 1, ATTACHED HERETO AND
MADE A PART HEREOF. SAID ADDITIONAL SPACE NOW CONSTITUTES THE ENTIRE
BUILDING S-300 FOR USE BY THE JGSDF.
2. THE JGSDF IS PROVIDED AN ADDITIONAL 523 SQUARE FEET OF SPACE IN
BUILDING S-346 AS DELINEATED IN RED ON INCLOSURE 2, ATTACHED HERETO AND
MADE A PART HEREOF.
SAID AGREEMENT NO. JU1-71 IS AMENDED IN THE ABOVE PARTICULARS ONLY
AND ALL OTHER TERMS AND CONDITIONS SET FORTH IN AGREEMENT NO. JU1-71 AND
ADDENDA ATTACHED THERETO SHALL REMAIN BINDING AND IN FULL FORCE AND
EFFECT.
IN WITNESS WHEREOF, PI HAVE HEREUNTO SET MY HAND FOR THE COMMANDER,
USARJ THIS 27 DAY OF APR 1976.
THIS ADDENDUM NO. 8, TOGETHER WITH THE PROVISIONS AND CONDITIONS
THEREOF, IS HEREBY ACCEPTED THIS 7 DAY OF SEP 1976.
(MAP OMITTED)
(MAP OMITTED)
JAPAN 8 MAR 1976 FLITE DOCUMENT NO. 7950063
AGREEMENT EXECUTED 8 MARCH 1976; EFFECTIVE 29 NOVEMBER 1975.
AGREEMENT REGARDING JOINT USE OF A PORTION OF LAND AT ARMY POL
DEPOTS, FAC 6076. EXTENDS AGREEMENT OF 29 NOVEMBER 1973.
THIS AGREEMENT IS ENTERED INTO ON THE DATE LAST SIGNED AT CAMP ZAMA,
JAPAN, BY AND BETWEEN THE DULY AUTHORIZED REPRESENTATIVE OF THE U.S.
FORCES, JAPAN, HEREINAFTER REFERRED TO AS USFJ, THE DULY AUTHORIZED
REPRESENTATIVE OF THE GOVERNMENT OF JAPAN (GOJ), HEREINAFTER REFERRED TO
AS NAHA DFAB, AND THE MAYOR OF URASOE CITY, HEREINAFTER REFERRED TO AS
PETITIONER, AS THE RESPECTIVE SIGNATURES HERETO APPEAR.
WITNESSETH:
WHEREAS, THE GOJ GRANTED TO THE USFJ, THE USE OF CERTAIN FACILITIES
AND AREAS UNDER PROVISIONS OF ARTICLE II OF THE STATUS OF FORCES
AGREEMENT UNDER ARTICLE VI OF THE TREATY OF MUTUAL COOPERATION AND
SECURITY BETWEEN THE UNITED STATES OF AMERICA AND JAPAN, KNOWN AND
DESIGNATED AS:
FACILITY NUMBER NAME OF FACILITY
FAC 6076 ARMY POL DEPOTS
AND WHEREAS, UNDER THE AUTHORITY CONTAINED IN FACILITIES SUBCOMMITTEE
MEMO NO. 1029, DATED 17 NOVEMBER 1973, SUBJECT: JOINT USE OF A PORTION
OF LAND AT ARMY POL DEPOTS, FAC 6076, WHICH WAS APPROVED BY THE JOINT
COMMITTEE ON 29 NOVEMBER 1973, THE PETITIONER HAS BEEN AUTHORIZED THE
USE OF 305.32 SQUARE METERS OF LAND AREA TO SITE THE CITY-OWNED SEWAGE
DISPOSAL SYSTEM.
WHEREAS, SINCE THE INITIAL PERIOD OF JOINT USE EXPIRED ON 28 NOVEMBER
1975, THE DIRECTOR OF NAHA DFAB HAS REQUESTED THE CONTINUED USE OF THE
AREA BY THE PETITIONER FOR AN ADDITIONAL PERIOD, AND
WHEREAS, THE COMMANDER, USFJ MAY EXTEND THE USE OF THE AREA FOR
ADDITIONAL PERIODS WITHOUT REFERRAL TO THE JOINT COMMITTEE, AND
WHEREAS, THE COMMANDER, U.S. ARMY JAPAN AGREES WITH THE CONTINUED USE
OF THE AREA, AND THE COMMANDER, USFJ APPROVED ON 23 FEBRUARY 1976 THE
PETITIONER'S CONTINUED USE UNTIL 28 NOVEMBER 1977.
NOW, THEREFORE, IN CONSIDERATION OF THE AGREEMENT OF THE PARTIES,
CONTINUED JOINT USE OF THE SAID USFJ FACILITY AND/OR AREA AS SHOWN ON
EXHIBIT, ATTACHED HERETO AND MADE A PART HEREOF, IS HEREBY GRANTED TO
THE GOJ FOR USE BY THE PETITIONER AS HEREINAFTER SET FORTH.
1. THAT THE EXERCISE OF THE PRIVILEGES HEREIN GRANTED SHALL BE
WITHOUT COST OR EXPENSE TO THE UNITED STATES GOVERNMENT (USG), UNDER THE
GENERAL SUPERVISION AND SUBJECT TO THE COMMANDER, U.S. ARMY GARRISON,
OKINAWA, HEREINAFTER REFERRED TO AS THE LOCAL USFJ REPRESENTATIVE, AND
SUBJECT ALSO TO SUCH REGULATIONS AS MAY BE PRESCRIBED BY HIM FROM TIME
TO TIME.
2. THAT THE CONSTRUCTION OF THE SEWAGE DISPOSAL SYSTEM AND
SUBSEQUENT USE THEREOF SHALL NOT INTERFERE WITH USFJ OPERATIONS AND
SHALL BE ACCOMPLISHED UNDER CLOSE COORDINATION WITH THE LOCAL USFJ
REPRESENTATIVE OR HIS DESIGNATED REPRESENTATIVE CONCERNED.
3. THAT ALL WORK REQUIRED TO PREPARE THE AREA FOR THE JOINT USE,
INCLUDING THE CONSTRUCTION OF THE SEWAGE DISPOSAL SYSTEM, AND SUBSEQUENT
USE AND MAINTENANCE THEREOF, SHALL BE ACCOMPLISHED AT NO EXPENSE TO THE
USG.
4. THAT ADEQUATE PRECAUTIONARY MEASURES SHALL BE TAKEN TO PREVENT
DAMAGES TO THE USFJ-CONTROLLED POL PIPELINES DURING THE PERIOD OF
CONSTRUCTION OF THE SEWAGE DISPOSAL SYSTEM AND SUBSEQUENT USE THEREOF.
IF ANY DAMAGE OCCURS TO THE POL PIPELINES, IT SHALL BE PHYSICALLY
REPAIRED BY USFJ PERSONNEL ON A REIMBURSEMENT BASIS.
5. THAT MAINTENANCE AND REPAIRS OF THE SEWAGE DISPOSAL SYSTEM WITHIN
THE JOINT USE AREA SHALL BE PERMITTED WITH PRIOR APPROVAL OF THE LOCAL
USFJ REPRESENTATIVE.
6. THAT THE USG SHALL BE UNDER NO LIABILITY UNDER THE PROVISIONS OF
ARTICLE XVIII OF THE STATUS OF FORCES AGREEMENT FOR ANY DAMAGES TO
PROPERTY, INJURIES OR DEATH OCCURRING TO PERSONS WHICH MAY ARISE FROM OR
BE INCIDENT TO THE EXERCISE OF THE USE GRANTED. ADDITIONALLY, THE USG
IS UNDER NO LIABILITY FOR DAMAGES TO THE PROPERTY OF THE PETITIONER OR
FOR INJURIES OR DEATH OCCURRING TO THE PERSON OF THE PETITIONER'S
OFFICERS, AGENTS, SERVANTS, OR EMPLOYEES OR OTHERS WHO MAY BE ON SAID
PREMISES AT THEIR INVITATION. HOWEVER, SAID PETITIONER IS NOT LIABLE
FOR DAMAGES, INJURIES OR DEATH THAT IS THE RESULT OF THE WILLFUL OR
WANTON MISCONDUCT ON THE PART OF MEMBERS OF THE USFJ. THE PETITIONER
WILL BEAR FULL RESPONSIBILITY AND LIABILITY FOR ANY DAMAGES TO ANY
PERSON OR PROPERTY WHICH MAY RESULT FROM EXERCISE OF THE USE GRANTED AND
THE USG WILL NOT BE RESPONSIBLE THEREFORE.
7. THAT SAFETY AND FIRE STANDARDS ARE PRESCRIBED BY THE LOCAL USFJ
REPRESENTATIVE MUST BE COMPLIED WITH.
8. THAT THE PETITIONER SHALL COMPLY WITH ALL GOJ, PREFECTURAL, AND
LOCAL ENVIRONMENTAL REGULATIONS AND LAWS, AND THE USG WILL NOT BE
RESPONSIBLE FOR SAID COMPLIANCE.
9. THAT THIS JOINT USE AGREEMENT IS EFFECTIVE 29 NOVEMBER 1975 AND
WILL CONTINUE IN EFFECT UNTIL 28 NOVEMBER 1977, UNLESS SOONER
TERMINATED:
A. BY USFJ RELEASE OF THE PERTINENT PORTION OF THE FACILITY TO THE
GOJ.
B. BY MUTUAL CONSENT OF THE SIGNATORIES HERETO.
C. BY USFJ FOR REASON FOR MILITARY NECESSITY DECLARED BY USFJ.
D. BY USFJ FOR NON-COMPLIANCE BY THE PETITIONER WITH TERMS OF THIS
AGREEMENT.
10. THAT, IN CASE OF TERMINATION OF THIS JOINT USE BY EITHER THE
USFJ OR THE PETITIONER PRIOR TO THE DATE OF RELEASE OF THE PREMISES TO
THE GOJ, THE PETITIONER SHALL VACATE THE PREMISES, REMOVE ALL PROPERTY
OF THE PETITIONER THEREFROM AND RESTORE THE PREMISES TO A CONDITION
SATISFACTORY TO THE LOCAL USFJ REPRESENTATIVE, EXCEPTING DAMAGES BEYOND
THE CONTROL OF THE PETITIONER AND DUE TO FAIR, WEAR AND TEAR, WITHIN
SUCH TIME AS THE GRANTING AUTHORITY MAY DESIGNATE. IF THE PETITIONER
SHALL FAIL OR NEGLECT TO REMOVE SAID PROPERTY AND TO RESTORE THE
PREMISES, THEN, AT THE OPTION OF THE GRANTING AUTHORITY SAID PROPERTY
SHALL EITHER BECOME THE PROPERTY OF THE UNITED STATES WITHOUT
COMPENSATION THEREFOR, OR THE GRANTING AUTHORITY MAY CAUSE THE PROPERTY
TO BE REMOVED AND THE PREMISES TO BE RESTORED AT THE EXPENSE OF THE
PETITIONER, AND NO CLAIM FOR DAMAGES AGAINST THE UNITED STATES OR ITS
OFFICERS OF AGENTS SHALL BE CREATED BY OR MADE ON ACCOUNT OF SUCH
REMOVAL AND RESTORATION WORK.
11. THAT IF THE PETITIONER DESIRES EXTENSION OF THIS JOINT USE, THE
PETITIONER SHALL MAKE APPLICATION FOR EXTENSION THROUGH THE NAHA DFAB
WITHIN 60 DAYS PRIOR TO THE EXPIRATION DATE OF THIS AGREEMENT.
12. THAT THIS AGREEMENT MAY BE REVISED OR AMENDED AS MUTUALLY
AGREED. SUCH AMENDMENT SHALL BE PREPARED AS AN ADDENDUM, SEQUENTIALLY
NUMBERED AND ATTACHED HERETO AND MADE A PART HEREOF.
13. THAT IMPLEMENTING THIS JOINT USE, THE NAHA DFAB WILL ACT AS
LIAISON BETWEEN THE USFJ REPRESENTATIVE AND THE PETITIONER.
IN WITNESS WHEREOF, THE PARTIES HAVE HEREUNTO SET THEIR HANDS.
U.S. ARMY JAPAN
FOR THE COMMANDER:
. . .
THOMAS E. HAWLEY
CPT, AGC
ASST AG
USFJ REPRESENTATIVE
DATE 8 MAR 1978
URASOE CITY
. . .
PETITIONER REPRESENTATIVE
DATE . . .
NAHA DFAB
. . .
GOJ REPRESENTATIVE
DATE . . .
(MAP OMITTED)
JAPAN 15 JUL 1976 FLITE DOCUMENT NO. 7950062
INTERIM TEMPORARY AGREEMENT EXECUTED 30 JUNE AND 15 JULY 1976.
INTERIM TEMPORARY AGREEMENT REGARDING JOINT USE OF THE KADENA
AMMUNITION STORAGE AREA, FAC 6022. EXTENDS JOINT USE AGREEMENT OF 14
MAY 1973, AS AMENDED.
THIS AGREEMENT IS ENTERED INTO BY AND BETWEEN THE DULY AUTHORIZED
REPRESENTATIVE OF THE UNITED STATES ARMY JAPAN, HEREINAFTER REFERRED TO
AS USARJ, AND THE DULY AUTHORIZED REPRESENTATIVE OF THE JAPAN SELF
DEFENSE FORCES, HEREINAFTER REFERRED TO AS JSDF.
WITNESSETH THAT:
WHEREAS, USARJ AND JSDF ENTERED INTO AN AGREEMENT DATED 14 MAY 1973
FOR THE JOINT-USE OF APPROXIMATELY 918,669 SQUARE METERS OF LAND AT
KADENA AMMUNITION STORAGE AREA, FAC 6022 (JOINT ORDNANCE EXPLOSIVE
DEMOLITION AREA) AS SHOWN ON ATTACHMENT 2 OF THE AGREEMENT, BY REFERENCE
MADE A PART HEREOF, AND
WHEREAS, SAID AGREEMENT, AS EXTENDED BY AMENDMENTS NUMBERS 1 AND 2,
EXPIRES BY ITS OWN TERMS ON 2 JULY 1976, AND
WHEREAS, THE JSDF HAS REQUESTED THE CONTINUED USE OF THE AREA AND
USARJ AGREES WITH THE INTERIM TEMPORARY JOINT USE OF THE FACILITY.
NOW, THEREFORE, THE PARTIES HERETO MUTUALLY AGREE THAT TEMPORARY
JOINT USE OF THE KADENA AMMUNITION STORAGE AREA, FAC 6022 (JOINT
ORDNANCE EXPLOSIVE DEMOLITION AREA), UNDER THE SAME TERMS AND CONDITIONS
AS THE AGREEMENT DATED 14 MAY 1973, AS AMENDED, BY REFERENCE MADE A PART
HEREOF, IS EXTENDED UNTIL 30 SEPTEMBER 1976 OR UPON JOINT COMMITTEE
APPROVAL OF EXTENDED JOINT USE, WHICHEVER IS EARLIER. USARJ MAY
TERMINATE THIS TEMPORARY AGREEMENT PRIOR TO THESE DATES WHEN IN ITS
DISCRETION IT DEEMS SUCH TERMINATION NECESSARY.
IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND FOR THE COMMANDER,
USARJ THIS 30 DAY OF JUN 1976.
THIS INTERIM TEMPORARY AGREEMENT, TOGETHER WITH THE PROVISIONS AND
CONDITIONS THEREOF, IS HEREBY ACCEPTED THIS 15 DAY OF JUL. 1976.
JAPAN 15 MAY 1976 FLITE DOCUMENT NO. 7950061
AGREEMENT EXECUTED 17 MARCH, 26 APRIL, AND 15 MAY 1976; EFFECTIVE 5
FEBRUARY 1976.
AGREEMENT REGARDING JOINT USE OF USFJ FACILITY AND/OR AREA.
THIS AGREEMENT IS ENTERED INTO ON THE DATE LAST SIGNED AT CAMP ZAMA,
JAPAN, BY AND BETWEEN THE DULY AUTHORIZED REPRESENTATIVE OF THE U.S.
FORCES, JAPAN, HEREINAFTER REFERRED TO AS USFJ, THE DULY AUTHORIZED
REPRESENTATIVE OF THE GOVERNMENT OF JAPAN (GOJ), HEREINAFTER REFERRED TO
AS YOKOHAMA DFAB, AND THE PRESIDENT OF THE NICHIEN KABUSHIKI KAISHA,
HEREINAFTER REFERRED TO AS THE PETITIONER, AS THE RESPECTIVE SIGNATURES
HERETO APPEAR.
WITNESSETH:
WHEREAS, THE GOJ GRANTED TO THE USFJ, THE USE OF CERTAIN FACILITIES
AND AREAS UNDER THE PROVISIONS OF ARTICLE II OF THE STATUS OF FORCES
AGREEMENT UNDER ARTICLE VI OF THE TREATY OF MUTUAL COOPERATION AND
SECURITY BETWEEN THE UNITED STATES OF AMERICA AND JAPAN, KNOWN AND
DESIGNATED AS:
FACILITY NUMBER NAME OF FACILITY
FAC 3067 YOKOHAMA NORTH DOCK
AND WHEREAS, UNDER THE AUTHORITY CONTAINED IN FACILITIES SUBCOMMITTEE
MEMO NO. 694, DATED 21 JANUARY 1970, SUBJECT: JOINT USE OF A PORTION OF
RAILROAD SIDETRACK SITE AT YOKOHAMA NORTH DOCK, FAC 3067 (WIDENING
RAILROAD CROSSING), WHICH WAS APPROVED BY THE JOINT COMMITTEE ON 5
FEBRUARY 1970, THE PETITIONER HAS BEEN AUTHORIZED THE USE OF 41 SQUARE
METERS OF LAND FOR CONSTRUCTION AND SUBSEQUENT USE OF AN ENTRANCE ROAD
TO ITS WAREHOUSE AREA, AS SHOWN IN COLOR ON EXHIBIT, ATTACHED HERETO AND
MADE A PART HEREOF.
WHEREAS, SINCE THE INITIAL EXTENSION OF THREE-YEAR PERIOD EXPIRED ON
5 FEBRUARY 1976, THE DIRECTOR OF YOKOHAMA DFAB HAS REQUESTED THE
CONTINUED USE OF THE AREA BY THE PETITIONER FOR AN ADDITIONAL PERIOD,
AND
WHEREAS, THE COMMANDER, USFJ MAY EXTEND THE USE OF THE AREA FOR
ADDITIONAL PERIODS WITHOUT REFERRAL TO THE JOINT COMMITTEE, AND
WHEREAS, THE COMMANDER, U.S. ARMY JAPAN AGREES WITH THE CONTINUED USE
OF THE AREA, AND THE COMMANDER, USFJ APPROVED ON 19 FEBRUARY 1976 THE
PETITIONER'S CONTINUED USE UNTIL 4 FEBRUARY 1979.
NOW THEREFORE, IN CONSIDERATION OF THE AGREEMENT OF THE PARTIES,
JOINT USE OF THE SAID USFJ FACILITY AND/OR AREA, IS HEREBY GRANTED TO
THE GOJ FOR USE BY THE PETITIONER AS HEREINAFTER SET FORTH.
1. THAT THE EXERCISE OF THE PRIVILEGES HEREIN GRANTED SHALL BE
WITHOUT COST OR EXPENSE TO THE UNITED STATES GOVERNMENT (USG), UNDER THE
GENERAL SUPERVISION AND SUBJECT TO THE COMMANDER, U.S. ARMY GARRISON,
HONSHU, HEREINAFTER REFERRED TO AS THE LOCAL USFJ REPRESENTATIVE, AND
SUBJECT ALSO TO SUCH REGULATIONS AS MAY BE PRESCRIBED BY HIM FROM TIME
TO TIME.
2. THAT CONSTRUCTION OF THE ROAD CROSSING AND SUBSEQUENT USE THEREOF
SHALL BE CONDUCTED IN SUCH A MANNER AS SHALL NOT INTERRUPT USFJ RAILROAD
OPERATION.
3. THAT THE ROAD MUST BE CONSTRUCTED IN ACCORDANCE WITH THE
APPLICABLE GOJ RULES AND REGULATIONS AND UNDER THE SUPERVISION OF JNR.
4. THAT NO ADDITIONAL RAILROAD MAINTENANCE COSTS ARE INCURRED BY THE
USG.
5. THAT IF ANY DAMAGE OCCURS TO THE USG-CONTROLLED PROPERTY DURING
THE CONSTRUCTION OF THE ROAD AND SUBSEQUENT USE THEREOF, THE PETITIONER
SHALL REPAIR SAID DAMAGE EXPEDITIOUSLY AND IN A MANNER ACCEPTABLE TO THE
LOCAL USFJ REPRESENTATIVE AT NO COST TO THE USG.
6. THAT THE USG SHALL BE UNDER NO LIABILITY UNDER THE PROVISIONS OF
ARTICLE XVIII OF THE STATUS OF FORCES AGREEMENT FOR ANY DAMAGES TO
PROPERTY, INJURIES OR DEATH OCCURRING TO PERSONS WHICH MAY ARISE FROM OR
BE INCIDENT TO THE EXERCISE OF THE USE GRANTED. ADDITIONALLY, THE USG
IS UNDER NO LIABILITY FOR DAMAGES TO THE PROPERTY OF THE PETITIONER OR
FOR INJURIES OR DEATH OCCURRING TO THE PERSON OF THE PETITIONER'S
OFFICERS, AGENTS, SERVANTS, OR EMPLOYEES OR OTHERS WHO MAY BE ON SAID
PREMISES AT THEIR INVITATION. HOWEVER, SAID PETITIONER IS NOT LIABLE
FOR DAMAGES, INJURIES OR DEATH THAT IS THE RESULT OF THE WILLFUL OR
WANTON MISCONDUCT ON THE PART OF MEMBERS OF THE USFJ. THE PETITIONER
WILL BEAR FULL RESPONSIBILITY AND LIABILITY FOR ANY DAMAGES TO ANY
PERSON OR PROPERTY WHICH MAY RESULT FROM EXERCISE OF THE USE GRANTED AND
THE USG WILL NOT BE RESPONSIBLE THEREFORE.
7. THAT THIS JOINT USE AGREEMENT IS EFFECTIVE 5 FEBRUARY 1976 AND
WILL CONTINUE IN EFFECT UNTIL 4 FEBRUARY 1979, UNLESS SOONER TERMINATED:
A. BY USFJ RELEASE OF THE PERTINENT PORTION OF THE FACILITY TO THE
GOJ.
B. BY MUTUAL CONSENT OF THE SIGNATORIES HERETO.
C. BY USFJ IF A REQUIREMENT FOR THE SUBJECT AREA ARISES BY GIVING 30
DAYS WRITTEN NOTICE.
D. BY USFJ FOR NON-COMPLIANCE BY THE PETITIONER WITH THE TERMS OF
THIS AGREEMENT.
8. IF THE PETITIONER DESIRES EXTENSION OF THIS JOINT USE, THE
PETITIONER SHALL MAKE APPLICATION FOR EXTENSION THROUGH THE YOKOHAMA
DFAB WITHIN 60 DAYS PRIOR TO THE EXPIRATION DATE OF THIS AGREEMENT.
9. THAT THIS AGREEMENT MAY BE REVISED OR AMENDED AS MUTUALLY AGREED.
SUCH AMENDMENT SHALL BE PREPARED AS AN ADDENDUM, SEQUENTIALLY NUMBERED
AND ATTACHED HERETO AND MADE A PART HEREOF.
10. THAT IN IMPLEMENTING THIS JOINT USE, THE YOKOHAMA DFAB WILL ACT
AS LIAISON BETWEEN THE USFJ REPRESENTATIVE AND THE PETITIONER.
IN WITNESS WHEREOF, THE PARTIES HAVE HEREUNTO SET THEIR HANDS.
U.S. ARMY, JAPAN
FOR THE COMMANDER:
THOMAS E. HAWLEY
CPT, AGC
ASST AG
USFJ REPRESENTATIVE
DATE 17 MAR 1976
NICHIEN K. K.
. . .
GENERAL MANAGER
YOKOHAMA OFFICE
PETITIONER REPRESENTATIVE
DATE 26 APR 1976
YOKOHAMA DFAB
HIDEICHI YAMADA
CHIEF, FACILITIES DIV.
FOR THE DIRECTOR, YOKOHAMA
DFAB
GOJ REPRESENTATIVE
DATE 15 MAY 1976
EXHIBIT (MAP OMITTED)
JAPAN 2 JUL 1976 FLITE DOCUMENT NO. 7950060
ADDENDUM NO. 6 EXECUTED 27 APRIL AND 2 JULY 1976.
ADDENDUM NO. 6 TO AGREEMENT CONCERNING JOINT USE OF USFJ FACILITIES
AT CAMP ZAMA. AMENDS AGREEMENT NO. JU2-71 OF 29 JULY 1971.
THIS ADDENDUM NO. 6 IS ENTERED INTO BY AND BETWEEN THE DULY
AUTHORIZED REPRESENTATIVE OF THE UNITED STATES ARMY JAPAN, HEREINAFTER
REFERRED TO AS USARJ, AND THE DULY AUTHORIZED REPRESENTATIVE OF THE
JAPAN GROUND SELF DEFENSE FORCE, HEREINAFTER REFERRED TO AS JGSDF.
WITNESSETH THAT:
WHEREAS, USARJ AND JGSDF ENTERED INTO AN AGREEMENT, NO. JU2-7, DATED
29 JULY 1971 FOR AN INTERIM USE OF A PORTION OF CAMP ZAMA, FAC 3079, FOR
A PERIOD OF NOT MORE THAN ONE YEAR, AND EXTENDED BY USARJ, AT THE
REQUEST OF JGSDF, FOR ADDITIONAL ONE-YEAR TERMS, THE LAST ENDING ON 31
OCTOBER 1974, AND
WHEREAS, THE JGSDF HAS REQUESTED THE CONTINUED USE OF THE PREMISES
DESCRIBED IN ADDENDUMS NOS. 1 AND 5, AND
WHEREAS, USARJ AGREES WITH THE CONTINUED USE OF THE PREMISES BY
JGSDF.
NOW, THEREFORE, THE PARTIES HERETO MUTUALLY AGREE THAT AGREEMENT NO.
JU2-71 IS HEREBY AMENDED IN THE FOLLOWING PARTICULAR.
THAT THE TERM OF TEMPORARY USE IS EXTENDED FOR AN ADDITIONAL PERIOD
TO END NOT LATER THAN 8 DECEMBER 1976.
SAID AGREEMENT NO. JU2-71 IS AMENDED IN THE ABOVE PARTICULAR ONLY AND
ALL OTHER TERMS AND CONDITIONS SET FORTH IN AGREEMENT NO. JU2-71 AND
ADDENDA ATTACHED THERETO SHALL REMAIN BINDING AND IN FULL FORCE AND
EFFECT.
IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND FOR THE COMMANDER,
USARJ THIS 27 DAY OF APR 1976.
THIS ADDENDUM NO. 6, TOGETHER WITH THE PROVISIONS AND CONDITIONS
THEREOF, IS HEREBY ACCEPTED THIS 2 DAY OF JUL 1976.
I HAVE HEREUNTO SET MY HAND FOR THE COMMANDER:
ZAIRE 28 SEP 1976 FLITE DOCUMENT NO. 7950059
CREDIT AGREEMENT EXECUTED 28 SEPTEMBER 1976.
CREDIT AGREEMENT FOR PURCHASE OF DEFENSE ITEMS.
CREDIT AGREEMENT, MADE AND ENTERED INTO THE 28TH DAY OF SEPT 1976,
BETWEEN THE GOVERNMENT OF ZAIRE REPRESENTED BY ITS MINISTRY OF DEFENSE,
AND THE GOVERNMENT OF THE UNITED STATES OF AMERICA, REPRESENTED BY THE
DEPARTMENT OF DEFENSE OF THE UNITED STATES OF AMERICA.
WHEREAS, THE GOVERNMENT OF ZAIRE (HEREINAFTER SOMETIMES REFERRED TO
AS THE "BORROWER") DESIRES TO ENTER OR HAS ENTERED INTO PURCHASE
CONTRACTS (HEREINAFTER REFERRED TO AS "PURCHASE ARRANGEMENTS") WITH THE
MILITARY DEPARTMENTS AND AGENCIES OF THE UNITED STATES DEPARTMENT OF
DEFENSE (HEREINAFTER REFERRED TO AS "DOD") AND/OR VARIOUS UNITED STATES
COMMERCIAL SUPPLIERS FOR THE PURCHASE OF DEFENSE ARTICLES AND DEFENSE
SERVICES OF UNITED STATES ORIGIN (HEREINAFTER COLLECTIVELY REFERRED TO
AS "DEFENSE ITEMS"); AND
WHEREAS, THE BORROWER HAS REQUESTED THE GOVERNMENT OF THE UNITED
STATES OF AMERICA (HEREINAFTER SOMETIMES REFERRED TO AS THE "LENDER") TO
FINANCE PAYMENTS REQUIRED TO BE MADE BY THE BORROWER UNDER THE PURCHASE
ARRANGEMENTS; AND
WHEREAS, THE AFORESAID REQUESTED CREDIT WILL FACILITATE THE PURPOSES
OF THE UNITED STATES ARMS EXPORT CONTROL ACT, AS AMENDED;
NOW THEREFORE, IN CONSIDERATION OF THE PREMISES AND THE MUTUAL
COVENANTS HEREINAFTER SET FORTH, AND IN IMPLEMENTATION OF, AND SUBJECT
TO THE PROVISIONS OF THE MUTUAL DEFENSE ASSISTANCE AGREEMENT BETWEEN THE
GOVERNMENT OF ZAIRE AND THE GOVERNMENT OF THE UNITED STATES OF AMERICA,
DATED JUNE 24 AND JULY 19, 1963, THE PARTIES HERETO AGREE AS FOLLOWS:
1. (A) SUBJECT TO THE TERMS AND CONDITIONS HEREOF, THE LENDER AGREES
TO MAKE ADVANCES TO THE BORROWER FROM TIME TO TIME IN AN AGGREGATE
PRINCIPAL AMOUNT UP TO, BUT NOT EXCEEDING $10 MILLION (HEREINAFTER
CALLED THE "COMMITMENT").
(B) BEFORE REQUESTING ANY ADVANCE HEREUNDER, THE BORROWER SHALL
EXECUTE AND DELIVER TO THE UNITED STATES GOVERNMENT A SINGLE PROMISSORY
NOTE ("NOTE") SUBSTANTIALLY IN THE FORM ATTACHED HERETO AS ANNEX A AND
DATED NOT LATER THAN DATE OF FIRST ADVANCE. THE NOTE SHALL BE SIGNED ON
BEHALF OF THE BORROWER BY THE ARMED FORCES ATTACHE, EMBASSY OF ZAIRE.
(C) ADVANCES MADE TO THE BORROWER SHALL BE AUTHORIZED IN ACCORDANCE
WITH REQUESTS FOR DISBURSEMENTS, WHICH SHALL BE PREPARED BY THE BORROWER
IN THE FORM OF EXHIBIT 2 OF ANNEX B AND FORWARDED TO THE LENDER FOR EACH
ADVANCE, OR WHICH MAY BE PREPARED AND SIGNED BY THE LENDER ON BEHALF OF
THE BORROWER UNDER CIRCUMSTANCES DESCRIBED IN PARAGRAPH 3(B)(3). EACH
ADVANCE SHALL BEAR INTEREST, AS PROVIDED IN PARAGRAPH 6(A), COMMENCING
WITH THE DISBURSEMENT DATE THEREOF.
2. THE AFORESAID COMMITMENT SHALL BE AVAILABLE ONLY TO FINANCE THE
PURCHASE OF DEFENSE ITEMS BY THE BORROWER PURSUANT TO PURCHASE
ARRANGEMENTS AUTHORIZED FOR SUCH FINANCING BY DOD WHICH ARE ENTERED INTO
BY THE BORROWER ON OR BEFORE SEPTEMBER 30, 1978. EACH AUTHORIZATION FOR
THE BORROWER TO ENTER INTO A PURCHASE ARRANGEMENT IN IMPLEMENTATION OF
THIS CREDIT AGREEMENT SHALL BE SEPARATELY COMMUNICATED BY DOD IN WRITING
TO THE BORROWER (SUBSTANTIALLY IN THE FORM OF EXHIBIT 1 TO ANNEX B),
WHICH AUTHORIZATION SHALL SPECIFY THE DEFENSE ITEMS AND THE AMOUNT OF
CREDIT AUTHORIZED FOR THAT PURCHASE ARRANGEMENT. THE BORROWER SHALL
INCORPORATE INTO EACH SUCH PURCHASE ARRANGEMENT WITH COMMERCIAL
SUPPLIERS THE PAYMENT PROCEDURES SET FORTH IN ANNEX B HERETO AND ATTACH
AS AN EXHIBIT TO THE PURCHASE ARRANGEMENT A TRUE COPY OF THE APPLICABLE
AFORESAID AUTHORIZATION AND OF PARAGRAPH 8 OF THIS CREDIT AGREEMENT.
3. EACH ADVANCE HEREUNDER BY THE LENDER SHALL BE MADE IN ACCORDANCE
WITH THE FOLLOWING PROCEDURES:
(A) DISBURSEMENTS TO COMMERCIAL SUPPLIERS--
(1) EACH ADVANCE SHALL BE MADE ON SUCH DATE (HEREINAFTER REFERRED TO
AS A "DISBURSEMENT DATE") AS MAY BE DESIGNATED BY THE BORROWER IN THE
REQUESTS FOR DISBURSEMENT SUBMITTED BY THE BORROWER TO THE LENDER FROM
TIME TO TIME.
(2) EACH REQUEST FOR DISBURSEMENT SHALL SPECIFY THE AMOUNT OF THE
ADVANCE TO BE MADE BY THE LENDER ON THE DISBURSEMENT DATE, SHALL SPECIFY
THE COMMERCIAL SUPPLIER TO WHOM THE DISBURSEMENT IS TO BE REMITTED BY
THE LENDER, AND SHALL BE FORWARDED TO THE LENDER IN SUFFICIENT TIME TO
ALLOW FIVE (5) WORKING DAYS BEFORE THE DISBURSEMENT DATE. A SEPARATE
REQUEST FOR DISBURSEMENT SHALL BE SUBMITTED FOR EACH PAYEE TO WHOM THE
DISBURSEMENT IS TO BE REMITTED.
(3) EACH REQUEST FOR DISBURSEMENT SHALL BE SENT TO THE COMPTROLLER,
DEFENSE SECURITY ASSISTANCE AGENCY, THE PENTAGON, WASHINGTON, D.C.
20301.
(4) SUPPLIER INVOICES SHALL BE PREPARED IN ACCORDANCE WITH THE
PROCEDURE SET FORTH IN ANNEX B HERETO.
(B) DISBURSEMENTS TO THE MILITARY DEPARTMENTS AND AGENCIES OF DOD--
(1) THE MILITARY DEPARTMENTS AND AGENCIES OF DOD WILL BILL THE
BORROWER FOR PAYMENTS UNDER AUTHORIZED PURCHASE ARRANGEMENTS IN THE SAME
MANNER AS FOR "DEPENDABLE UNDERTAKING" TERMS OF SALES UNDER FOREIGN
MILITARY SALES PROCEDURES AND WILL TRANSMIT A COPY OF EACH BILLING TO
THE COMPTROLLER, DEFENSE SECURITY ASSISTANCE AGENCY. EACH BILLING WILL
DESIGNATE A DISBURSEMENT DATE.
(2) UPON RECEIPT OF ANY SUCH BILLING, THE BORROWER SHALL FOLLOW THE
PROCEDURES SET FORTH IN SUBPARAGRAPHS (A)(1) THROUGH (A)(3) OF THIS
PARAGRAPH AND SHALL SPECIFY (I) EACH BILLING AGAINST WHICH DISBURSEMENT
IS REQUESTED AND (II) THE AMOUNT TO BE DISBURSED AGAINST EACH BILLING
FROM ADVANCES UNDER THIS CREDIT AGREEMENT. IF THE AMOUNT SPECIFIED BY
THE BORROWER TO BE DISBURSED AGAINST ANY BILLING IS LESS THAN THE FULL
AMOUNT OF THAT BILLING, THE BORROWER SHALL DIRECTLY PAY THE DIFFERENCE,
FROM OTHER FUNDS AVAILABLE TO THE BORROWER, ON OR BEFORE THE
DISBURSEMENT DATE TO THE BILLING OFFICE OF THE APPLICABLE MILITARY
DEPARTMENT OR AGENCY OF DOD.
(3) IF, THIRTY (30) DAYS AFTER THE DATE OF ANY SUCH BILLING BY A
MILITARY DEPARTMENT OR AGENCY OF DOD, THE BORROWER HAS FAILED TO SUBMIT
A REQUEST FOR DISBURSEMENT REQUESTING AN ADVANCE FROM THE LENDER FOR
PAYMENT OF SUCH BILLING, OR HAS NOT GIVEN WRITTEN NOTICE TO THE LENDER
THAT PAYMENT OF SUCH BILLING HAS BEEN, OR WILL BE, MADE DIRECTLY BY THE
BORROWER, THE LENDER SHALL PREPARE AND SIGN A REQUEST FOR DISBURSEMENT
ON BEHALF OF THE BORROWER AND DISBURSE THE FULL AMOUNT SPECIFIED IN ANY
SUCH BILLING TO THE BILLING OFFICE OF THE APPLICABLE MILITARY DEPARTMENT
OR AGENCY OF DOD ON THE DISBURSEMENT DATE DESIGNATED IN THE BILLING. A
COPY OF ANY SUCH REQUEST FOR DISBURSEMENT EXECUTED BY THE LENDER ON
BEHALF OF THE BORROWER WILL BE PROMPTLY SENT BY THE LENDER TO THE
BORROWER.
4(A) ALL DEFENSE ARTICLES, THE PURCHASE OF WHICH IS TO BE FINANCED
HEREUNDER, AND WHICH MAY BE TRANSPORTED BY OCEAN VESSEL, SHALL BE
TRANSPORTED IN VESSELS OF UNITED STATES REGISTRY UNLESS A WAIVER OF THIS
REQUIREMENT IS OBTAINED. MARINE TRANSPORTATION WAIVER PROCEDURES ARE AT
ANNEX C HERETO.
(B) THE BORROWER OR ITS COMMERCIAL SUPPLIERS SHALL BE RESPONSIBLE FOR
OBTAINING SUCH EXPORT LICENSES AS MAY BE NECESSARY FOR DEFENSE ITEMS
FINANCED HEREUNDER.
5. THIS AGREEMENT EVIDENCES THE LEGAL AND BINDING OBLIGATION OF THE
BORROWER TO MAKE REPAYMENTS TO THE LENDER FOR DISBURSEMENTS MADE BY THE
LENDER IN ACCORDANCE WITH THE TERMS HEREOF. THE LENDER MAY SELL OR
ASSIGN, IN WHOLE OR IN PART, ITS RIGHTS TO SAID REPAYMENTS AND MAY, WITH
RESPECT TO SUCH SALE OR ASSIGNMENT, GUARANTEE PAYMENT OF THE SAME.
6.(A) THE BORROWER SHALL REPAY THE DISBURSEMENTS MADE BY THE LENDER
IN ACCORDANCE WITH THE PRINCIPAL REPAYMENT SCHEDULE, WHICH IS SET FORTH
IN ANNEX D HERETO AND ALSO ATTACHED TO THE NOTE, AND SHALL PAY INTEREST
SEMIANNUALLY ON APRIL 1 AND OCTOBER 1, COMMENCING APRIL 1, 1977 AT THE
RATE OF SEVEN AND SEVEN/EIGHTS (7.785%) PERCENT PER ANNUM, USING A 365
DAY FACTOR ON THE AMOUNT FROM TIME TO TIME CUMULATIVE ADVANCES EXCEED
REPAYMENTS OF PRINCIPAL.
(B) IF ON ANY INSTALLMENT REPAYMENT DATE SET FORTH IN THE PRINCIPAL
REPAYMENT SCHEDULE THE BORROWER SHALL NOT HAVE AVAILED ITSELF OF THE
COMMITMENT OF THE LENDER IN AN AGGREGATE AMOUNT (LESS REPAYMENTS
PREVIOUSLY MADE) EQUAL TO THE AGGREGATE INSTALLMENT OF PRINCIPAL WHICH
IS REPAYABLE ON SUCH DATE TO THE LENDER, THE BORROWER SHALL, ON SUCH
INSTALLMENT REPAYMENT DATE, REPAY TO THE LENDER THE FULL AMOUNT (LESS
REPAYMENTS PREVIOUSLY MADE) TO WHICH IT HAS AVAILED ITSELF OF THE
COMMITMENT OF THE LENDER TO SUCH DATE, TOGETHER WITH THE INTEREST
ACCRUED HEREON. IF AT ANY TIME THEREAFTER THE BORROWER SHALL AVAIL
ITSELF OF THE COMMITMENT OF THE LENDER IN AN AMOUNT WHICH WOULD HAVE
BEEN REPAYABLE ON A PRIOR INSTALLMENT REPAYMENT DATE BUT FOR THE
PROVISIONS OF THE IMMEDIATELY PRECEEDING SENTENCE, SUCH AMOUNT, TOGETHER
WITH THE INTEREST ACCRUED THEREON, SHALL BE REPAYABLE ON THE NEXT
SUCCEEDING INSTALLMENT DATE OF THE PRINCIPAL REPAYMENT SCHEDULE
OCCURRING AFTER THE DISBURSEMENT OF SUCH AMOUNT AND THE SAID AGGREGATE
INSTALLMENT OF PRINCIPAL REPAYABLE UNDER THE PRINCIPAL REPAYMENT
SCHEDULE TO THE LENDER ON THAT DATE SHALL BE INCREASED BY SUCH AMOUNT.
(C) IF BY THE DATE SPECIFIED IN PARAGRAPH 2, THE BORROWER SHALL NOT
HAVE ENTERED INTO AUTHORIZED PURCHASE ARRANGEMENTS IN AN AGGREGATE
AMOUNT EQUAL TO THE ENTIRE AMOUNT OF THE COMMITMENT, THE INSTALLMENTS OF
PRINCIPAL REPAYABLE TO THE LENDER SET FORTH IN THE PRINCIPAL REPAYMENT
SCHEDULE SHALL BE REDUCED IN THE INVERSE ORDER OF THE MATURITY THEREOF
TO THE EXTENT OF THE UNUSED BALANCE OF THE COMMITMENT.
(D) WHENEVER ANY REPAYMENT TO BE MADE BY THE BORROWER SHALL BE DUE ON
A SATURDAY, SUNDAY, OR PUBLIC HOLIDAY UNDER THE LAWS OF THE LENDER, SUCH
REPAYMENT MAY BE MADE ON THE NEXT SUCCEEDING BUSINESS DAY, AND SUCH
EXTENSION OF TIME SHALL IN SUCH CASE BE INCLUDED IN COMPUTING INTEREST
IN CONNECTION WITH SUCH REPAYMENT BUT EXCLUDED FROM THE NEXT INTEREST
PERIOD, IF ANY.
(C) THE BORROWER MAY PREPAY THE CREDIT EXTENDED UNDER THIS AGREEMENT
IN PART OR IN FULL ON ANY INTEREST PAYMENT DATE WITHOUT PENALTY OR
PREMIUM, BUT SUCH PREPAYMENT MUST BE ACCOMPANIED BY PAYMENT OF INTEREST
ON THE AMOUNT PREPAID TO THE DATE OF REPAYMENT AND MUST BE APPLIED TO
THE SATISFACTION OF INSTALLMENTS OF PRINCIPAL REPAYMENTS IN THE REVERSE
ORDER OF THEIR MATURITIES.
(F) ALL REPAYMENTS BY THE BORROWER ON ACCOUNT OF PRINCIPAL OR
INTEREST SHALL BE IN LAWFUL MONEY OF THE UNITED STATES OF AMERICA AND IN
IMMEDIATELY AVAILABLE FUNDS, FREE AND CLEAR OF AND WITHOUT DEDUCTION
FOR, ANY AND ALL TAXES, LEVIES, IMPOSTS, DEDUCTIONS AND WITHHOLDINGS
WHATSOEVER IMPOSED, LEVIED, COLLECTED OR ASSESSED WITH RESPECT THERETO
BY ANY CENTRAL OR LOCAL AUTHORITY OF
(G) IN CASE OF FAILURE OF THE BORROWER TO MAKE PAYMENT WHEN DUE AND
AS DUE, OF ANY INSTALLMENT OR INSTALLMENTS OF PRINCIPAL OR OF ANY
INTEREST UNDER THE NOTE, THE AGGREGATE AMOUNT PAYABLE SHALL BE THE
AMOUNT OF THE OVERDUE INSTALLMENT OR INSTALLMENTS OF PRINCIPAL OR OF
OVERDUE INTEREST, OR OVERDUE PRINCIPAL AND INTEREST, AS THE CASE MAY BE,
PLUS INTEREST THEREON AT THE RATE SPECIFIED IN THE NOTE, FROM THE DUE
DATE TO THE DATE OF PAYMENT. IN THE EVENT THAT THE AMOUNT OF AN
INSTALLMENT PAYMENT MADE BY THE BORROWER IS INSUFFICIENT TO SATISFY THE
AGGREGATE AMOUNT OF PRINCIPAL AND INTEREST THEN DUE, THE INSTALLMENT
PAYMENT AMOUNT SHALL FIRST BE APPLIED TO SATISFY THE INTEREST DUE, AND
THE REMAINING PORTION OF THE INSTALLMENT PAYMENT, IF ANY, SHALL BE
APPLIED TO SATISFY THE PRINCIPAL AMOUNT OF SUCH INSTALLMENT.
7.(A) THE BORROWER REPRESENTS AND WARRANTS THAT THE MAKING AND
PERFORMANCE OF THIS AGREEMENT HAVE BEEN DULY AUTHORIZED IN ACCORDANCE
WITH THE LAWS OF ZAIRE AND SHALL FURNISH TO THE LENDER UPON REQUEST
EVIDENCE, SATISFACTORY TO THE LENDER, OF THE AUTHORITY OF THE PERSON OR
PERSONS WHO HAVE SIGNED THIS AGREEMENT ON BEHALF OF THE BORROWER AND OF
THE PERSON OR PERSONS WHO WILL SIGN THE NOTES AND REQUESTS FOR
DISBURSEMENT PROVIDED FOR HEREIN ON BEHALF OF THE BORROWER, TOGETHER
WITH THE AUTHENTICATED SPECIMEN SIGNATURE, IN DUPLICATE, OF EACH OF THE
LATTER.
(B) THIS AGREEMENT SHALL INSURE TO THE BENEFIT OF THE HOLDERS OF THE
NOTE, THEIR RESPECTIVE SUCCESSORS AND ASSIGNS. THIS AGREEMENT AND THE
NOTE SHALL BE DEEMED TO BE CONTRACTS UNDER THE LAW OF THE DISTRICT OF
COLUMBIA AND FOR ALL PURPOSES SHALL BE CONSTRUED IN ACCORDANCE WITH SAID
LAW. THE BORROWER AGREES THAT JURISDICTION MAY BE TAKEN BY COURTS IN
THE DISTRICT OF COLUMBIA WITH RESPECT TO MATTERS INVOLVING THE NOTE,
PROVIDED SUCH NOTE IS HELD BY AN INDIVIDUAL, PARTNERSHIP, CORPORATION,
OR OTHER PRIVATE LEGAL ENTITY.
(C) THE BORROWER SHALL IN ALL CASES PAY WHEN AND AS DUE THE PRINCIPAL
OF AND INTEREST ON THE NOTE ISSUED HEREUNDER, NOTWITHSTANDING ANY CLAIMS
WHICH THE BORROWER MAY NOW OR HEREAFTER HAVE AGAINST ANY SUPPLIER OF THE
DEFENSE ITEMS, DOD, THE LENDER, OR ANY OTHER PERSONS OR ENTITY IN
CONNECTION WITH ANY OTHER TRANSACTION, FOR ANY REASON WHATSOEVER.
8. UPON THE OCCURRENCE OF ANY OF THE FOLLOWING EVENTS OF DEFAULTS:
(A) IF THE BORROWER FAILS FOR A PERIOD OF THIRTY (30) DAYS TO MAKE
ANY PAYMENT OF PRINCIPAL OF, OR INTEREST ON, THE NOTE WHEN DUE;
(B) IF ANY REPRESENTATION OR WARRANTY MADE BY THE BORROWER HEREIN OR
ANY CERTIFICATE FURNISHED BY THE BORROWER PURSUANT HERETO PROVES TO BE
AT ANY TIME INCORRECT IN ANY MATERIAL RESPECT, OR
(C) IF THE BORROWER DEFAULTS IN THE PERFORMANCE OF ANY OTHER TERM,
COVENANT OR UNDERTAKING CONTAINED IN THIS CREDIT AGREEMENT, AND SUCH
DEFAULT SHALL CONTINUE UNREMEDIED FOR 60 DAYS AFTER WRITTEN NOTIFICATION
THEREOF SHALL HAVE BEEN GIVEN TO THE BORROWER BY THE LENDER; THEN, AND
IN ANY SUCH EVENT, THE HOLDER OF THE NOTE MAY DECLARE IMMEDIATELY DUE
AND PAYABLE THE UNPAID PRINCIPAL OF, AND ACCRUED INTEREST ON, THE NOTE
HELD BY SUCH HOLDER, AND SUCH AMOUNTS SHALL BECOME IMMEDIATELY DUE AND
PAYABLE WITHOUT PROTEST, PRESENTMENT, NOTICE OR OTHER DEMAND OF ANY
KIND, ALL OF WHICH ARE HEREBY EXPRESSLY WAIVED BY THE BORROWER, AND THE
LENDER MAY TERMINATE ITS COMMITMENT HEREUNDER.
9. ALL COMMUNICATIONS AND OTHER DOCUMENTS REQUIRED OR PERMITTED
HEREUNDER, UNLESS SUBMITTED IN THE ENGLISH LANGUAGE, SHALL BE
ACCOMPANIED BY ONE ENGLISH TRANSLATION FOR EACH COPY OF SUCH DOCUMENTS
TO BE FURNISHED AND, IN THE EVENT OF CONFLICT, THE ENGLISH VERSION SHALL
GOVERN. EXCEPT AS OTHERWISE PROVIDED HEREIN, ALL NOTICES, REQUESTS OR
DEMANDS HEREUNDER SHALL BE DEEMED TO HAVE BEEN GIVEN OR MADE UPON THE
MAILING OF THE SAME, POSTAGE PREPAID, OR IN THE CASE OF TELEGRAPHIC
NOTICE, ON DELIVERY TO THE TELEGRAPHIC COMPANY, ADDRESSED IN THE CASE OF
THE BORROWER, TO THE EMBASSY OF ZAIRE, WASHINGTON, D.C. 20009 AND IN THE
CASE OF THE LENDER TO THE DIRECTOR, DEFENSE SECURITY ASSISTANCE AGENCY,
THE PENTAGON, WASHINGTON, D.C. 20301.
10. THIS AGREEMENT MAY BE EXECUTED IN ANY NUMBER OF COUNTERPARTS AND
BY THE PARTIES HERETO ON SEPARATE COUNTERPARTS, EACH OF WHICH SHALL BE
DEEMED ON AN ORIGINAL BUT ALL SUCH COUNTERPARTS TO CONSTITUTE ONE AND
THE SAME INSTRUMENT.
11. ANNEXES A THROUGH D ATTACHED HERETO ARE, BY THIS REFERENCE, MADE
A PART OF THIS AGREEMENT.
IN WITNESS WHEREOF, THE PARTIES HERETO HAVE DULY EXECUTED THIS
AGREEMENT THIS 28TH DAY OF SEPTEMBER, 1976.
THE GOVERNMENT OF ZAIRE
. . .
COLONEL LAMA MAMINA
ARMED FORCES ATTACHE
EMBASSY OF ZAIRE
U.S. $10 MILLION, WASHINGTON, D.C.
FOR VALUE RECEIVED, THE UNDERSIGNED, THE GOVERNMENT OF ZAIRE (HEREIN
CALLED THE "BORROWER"), HEREBY PROMISES TO PAY TO THE ORDER OF THE
GOVERNMENT OF THE UNITED STATES OF AMERICA (HEREIN CALLED THE "LENDER")
SUCH SUMS AS MAY BE ADVANCED HEREUNDER BY THE LENDER. THE LENDER SHALL
NOT BE OBLIGED TO ADVANCE MORE THAN THE SUM OF $10 MILLION UNITED STATES
DOLLARS (U.S. $ TEN MILLION) (HEREIN REFERRED TO AS THE "COMMITMENT"),
NOR TO MAKE ANY ADVANCE AFTER SEPTEMBER 30, 1978.
ADVANCES SHALL BE MADE FROM TIME TO TIME BY THE LENDER IN ACCORDANCE
WITH THE TERMS OF THE CREDIT AGREEMENT DATED SEPTEMBER 28, 1976 BETWEEN
THE BORROWER AND THE LENDER.
ADVANCES SHALL BEAR INTEREST PAYABLE ON APRIL 1 AND OCTOBER 1, OF
EACH YEAR ON THE UNPAID PRINCIPAL BALANCE FROM DATE HEREOF AT THE RATE
OF SEVEN AND SEVEN/EIGHTS PER CENT PER ANNUM (7.785%) USING A 365 DAY
FACTOR, BOTH PRINCIPAL AND INTEREST TO BE PAYABLE IN LAWFUL MONEY OF THE
UNITED STATES OF AMERICA TO THE COMPTROLLER, DEFENSE SECURITY ASSISTANCE
AGENCY, (DSAA), THE PENTAGON, WASHINGTON, D.C. 20301.
ALL PAYMENTS MADE ON ACCOUNT OF THE PRINCIPAL AMOUNT REMAINING UNPAID
HEREUNDER SHALL BE ENDORSED BY THE HOLDER ON THE REVERSE SIDE OF THIS
NOTE.
WHENEVER ANY PAYMENT UNDER THIS NOTE SHALL BE DUE ON A SATURDAY,
SUNDAY, OR PUBLIC HOLIDAY UNDER THE LAWS OF THE UNITED STATES OF
AMERICA, SUCH PAYMENT MAY BE MADE ON THE NEXT SUCCEEDING BUSINESS DAY,
AND SUCH EXTENSION OF TIME SHALL, IN SUCH CASE, BE INCLUDED IN COMPUTING
INTEREST IN CONNECTION WITH SUCH PAYMENT, BUT EXCLUDED FROM THE NEXT
INTEREST PERIOD, IF ANY. IN CASE OF FAILURE OF THE BORROWER TO MAKE
PAYMENT WHEN AND AS DUE, OF ANY INSTALLMENT OR INSTALLMENTS OF PRINCIPAL
AND INTEREST UNDER THIS NOTE, THE AMOUNT PAYABLE SHALL BE THE AMOUNT OF
THE OVERDUE INSTALLMENT OR INSTALLMENTS OF PRINCIPAL AND INTEREST, PLUS
INTEREST THEREON AT THE RATE SPECIFIED HEREIN, FROM THE DUE DATE TO THE
DATE OF PAYMENT.
THE TOTAL AMOUNT ADVANCED HEREUNDER SHALL BE REPAID, WITH RIGHT OF
PREPAYMENT ON ANY INTEREST PAYMENT DATE, IN ACCORDANCE WITH THE
PRINCIPAL REPAYMENT SCHEDULE WHICH IS ATTACHED. PREPAYMENTS SHALL BE
ACCOMPANIED BY PAYMENT OF INTEREST ON THE AMOUNT PREPAID TO THE DATE OF
PREPAYMENT AND SHALL BE APPLIED TO THE INSTALLMENTS HEREOF IN THE
REVERSE ORDER OF THEIR MATURITY. ALL PAYMENTS OF PRINCIPAL AND INTEREST
ON THIS NOTE ARE PAYABLE IN IMMEDIATELY AVAILABLE FUNDS, FREE AND CLEAR
OF, AND WITHOUT DEDUCTION FOR, ANY TAXES, LEVIES, IMPOSTS, DEDUCTIONS,
AND WITHHOLDINGS WHATSOEVER NOW OR HEREAFTER IMPOSED, LEVIED, COLLECTED
OR ASSESSED WITH RESPECT THERETO BY ANY CENTRAL OR LOCAL AUTHORITY OF
THE BORROWER AND SHALL BE PAID FREE FROM ALL RESTRICTIONS OF ANY CENTRAL
OR LOCAL AUTHORITY OF THE BORROWER.
IF LESS THAN THE TOTAL OF $10 MILLION IS ADVANCED, THE PRINCIPAL
REPAYMENT SCHEDULE SHALL BE REDUCED IN THE REVERSE ORDER OF THE MATURITY
THEREOF TO THE EXTENT OF THE UNUSED BALANCE OF THE COMMITMENT.
UPON THE OCCURRENCE OF ANY EVENT OF DEFAULT SPECIFIED IN THE SAID
CREDIT AGREEMENT, THE ENTIRE UNPAID PRINCIPAL HEREOF AND INTEREST
THEREON TO THE DATE OF PAYMENT MAY BE DECLARED TO BE FORTHWITH DUE AND
PAYABLE AS PROVIDED IN SAID CREDIT AGREEMENT. THE BORROWER AGREES TO
PAY ALL OUT-OF-POCKET COSTS AND EXPENSES IN CONNECTION WITH COLLECTION
AFTER DEFAULT OF THIS NOTE (INCLUDING THE REASONABLE FEES AND
OUT-OF-POCKET EXPENSES OF COUNSEL) AS WELL AS ALL STAMP AND SIMILAR
TAXES, IF ANY, NOW OR HEREAFTER IN EFFECT, AND TO SAVE THE HOLDER OF THE
NOTE HARMLESS FROM ANY AND ALL LIABILITIES WITH RESPECT TO OR RESULTING
FROM ANY DELAY OR OMISSION TO PAY SUCH TAXES.
THE FOLLOWING PROCEDURES AND CONDITIONS SHALL BE ADHERED TO PRIOR TO
EACH DISBURSEMENT TO BE MADE BY THE GOVERNMENT OF THE UNITED STATES FOR
THE ACCOUNT OF THE GOVERNMENT OF ZAIRE.
1. THE SUPPLIER SHALL PREPARE AND SUBMIT TO THE DESIGNATED
REPRESENTATIVES OF THE GOVERNMENT OF . . . IN WASHINGTON, D.C. INVOICES
IN SUFFICIENT NUMBER OF COPIES TO PERMIT THE FORWARDING OF FOUR COPIES
TO THE DISBURSING OFFICER DESIGNATED IN PARAGRAPH 5 BELOW.
2. THE SUPPLIER SHALL INSURE THAT EACH INVOICE IS IN ACCORDANCE WITH
RELEVANT PROVISIONS OF ITS PURCHASE ARRANGEMENT WITH THE GOVERNMENT OF .
. . .
3. THE SUPPLIER SHALL ATTACH TO EACH INVOICE A STATEMENT THAT
AUTHORIZED REPRESENTATIVES OF THE GOVERNMENT OF THE UNITED STATES SHALL,
UNTIL THE EXPIRATION OF THREE YEARS AFTER FINAL PAYMENT HEREUNDER, HAVE
ACCESS TO AND THE RIGHT TO EXAMINE ANY DIRECTLY RELATED PERTINENT BOOKS,
DOCUMENTS, PAPERS AND RECORDS OF THE SUPPLIER INVOLVING TRANSACTIONS
RELATING TO THE AFORESAID PURCHASE ARRANGEMENT.
4. TO THE EXTENT THAT ANY INVOICE REQUESTS PAYMENT OF ADVANCES, AS
DISTINGUISHED FROM PAYMENT FOR DELIVERY OF DEFENSE ITEMS OR
REIMBURSEMENT IN THE FORM OF PROGRESS PAYMENTS FOR WORK OR SERVICES
PERFORMED, THE SUPPLIER SHALL ATTACH TO THE INVOICE A STATEMENT SETTING
FORTH THE UNDERTAKING OF THE SUPPLIER THAT THE FULL AMOUNT OF THE
ADVANCE WILL BE MAINTAINED BY THE SUPPLIER IN A SEGREGATED ACCOUNT WHICH
WILL BE APPLIED SOLELY TO THE PERFORMANCE OF THE SUPPLIER'S OBLIGATIONS
UNDER THE PURCHASE ARRANGEMENT.
5. THE DESIGNATED REPRESENTATIVE OF THE GOVERNMENT OF . . . IN
WASHINGTON, D.C. SHALL FORWARD SUCH INVOICES TO THE COMPTROLLER, DEFENSE
SECURITY ASSISTANCE AGENCY, THE PENTAGON, WASHINGTON, D.C. 20301.
6. EACH INVOICE SHALL BE ACCOMPANIED BY A CERTIFICATION OF THE
GOVERNMENT OF . . . AS FOLLOWS:
"THE GOVERNMENT OF . . . CONFIRMS (THAT THE DEFENSE ITEMS SET FORTH
HEREIN HAVE BEEN SATISFACTORILY RECEIVED BY OR FOR THE GOVERNMENT OF . .
. (THAT THE WORK OR SERVICES FOR WHICH PROGRESS PAYMENTS ARE REQUESTED
HAVE BEEN SATISFACTORILY RENDERED) (THAT PAYMENT IS OTHERWISE DUE) UNDER
ITS PURCHASE ARRANGEMENT OF . . . FOR THE PURCHASE OF DEFENSE ITEMS FROM
SUPPLIER, AND CERTIFIES THAT THE BILL IS CORRECT AND JUST AND THAT
PAYMENT THEREFOR HAS NOT BEEN MADE. PAYMENT OF THIS INVOICE IS
REQUESTED BY THE MINISTRY OF DEFENSE OF THE GOVERNMENT OF . . . PURSUANT
TO THE TERMS OF THE CREDIT AGREEMENT OF . . . BETWEEN THE . . . OF THE
GOVERNMENT OF . . . AND THE GOVERNMENT OF THE UNITED STATES OF AMERICA.
THE GOVERNMENT OF . . . CONFIRMS THAT SAID PURCHASE ARRANGEMENT IS ONE
OF THE PURCHASE ARRANGEMENTS AUTHORIZED BY THE DEPARTMENT OF DEFENSE OF
THE UNITED STATES OF AMERICA PURSUANT TO THE AFORESAID CREDIT AGREEMENT
OF . . . AND FURTHER CONFIRMS THAT THE CUMULATIVE TOTAL OF THIS INVOICE
AND INVOICES PREVIOUSLY PAID BY THE GOVERNMENT OF THE UNITED STATES
AGAINST SAID PURCHASE ARRANGEMENT DOES NOT EXCEED THE AGGREGATE CREDIT
CEILING ESTABLISHED BY THE GOVERNMENT OF THE UNITED STATES FOR THE SAID
PURCHASE ARRANGEMENT.
DEAR
IN IMPLEMENTATION OF PARAGRAPH 2 OF THE CREDIT AGREEMENT BETWEEN THE
MINISTRY OF DEFENSE OF THE GOVERNMENT OF ZAIRE AND THE DEPARTMENT OF
DEFENSE OF THE GOVERNMENT OF THE UNITED STATES, ENTERED INTO ON . . .
AND IN RESPONSE TO YOUR REQUEST OF . . . THE GOVERNMENT OF . . . IS
HEREBY AUTHORIZED TO ENTER INTO A PURCHASE ARRANGEMENT WITH THE BELOW
NAMED COMPANY FOR:
ITEMS AMOUNT
CREDIT AGREEMENT NUMBER . . .
A DISBURSEMENT AS NOTED BELOW IS HEREBY AUTHORIZED PURSUANT TO THE
TERMS OF CREDIT AGREEMENT (DATED . . . ) BETWEEN THE GOVERNMENT OF . . .
AND THE GOVERNMENT OF THE UNITED STATES OF AMERICA. THE GOVERNMENT OF .
. . CONFIRMS THAT THE DEFENSE ITEMS AND SERVICES FOR WHICH PAYMENT IS
REQUESTED ARE UNDER PURCHASE ARRANGEMENTS AUTHORIZED BY THE DEPARTMENT
OF DEFENSE PURSUANT TO THE AFOREMENTIONED CREDIT AGREEMENT IN LETTER(S)
FROM THE DEFENSE SECURITY ASSISTANCE AGENCY TO THE GOVERNMENT OF . . .
DATED . . . BEARING REFERENCE NUMBER(S) I- . . .
DISBURSEMENT AMOUNT: $ . . .
DISBURSEMENT DATE: . . .
PAY TO . . .
. . .
. . .
. . .
. . .
FMS BILLING OR COMMERCIAL SUPPLIER INVOICE REFERENCE NUMBER(S) . . .
1. THE FOLLOWING PROCEDURES AND CONDITIONS SHALL BE ADHERED TO
CONCERNING MARINE TRANSPORTATION OF DEFENSE ARTICLES, THE PURCHASE OF
WHICH IS TO BE FINANCED UNDER THIS AGREEMENT. ALL DEFENSE ARTICLES,
WHICH ARE TRANSPORTED BY OCEAN VESSEL, SHALL BE TRANSPORTED IN PRIVATELY
OWNED VESSELS OF UNITED STATES REGISTRY UNLESS A WAIVER OF THIS
REQUIREMENT IS OBTAINED FROM THE DIRECTOR, DEFENSE SECURITY ASSISTANCE
AGENCY, DEPARTMENT OF DEFENSE. REQUESTS FOR WAIVER ARE CATEGORIZED AS
GENERAL, NON-AVAILABILITY OR SECURITY AS OUTLINED BELOW:
A. GENERAL WAIVERS
CONSIDERATION WILL BE GIVEN TO A WAIVER APPLICATION TO AUTHORIZE
VESSELS FLYING THE FLAG OF THE COUNTRY TO WHOM THIS AGREEMENT APPLIES TO
PARTICIPATE IN THE TRANSPORTATION OF CARGO GENERATED UNDER THIS
AGREEMENT PROVIDED THE RECIPIENT COUNTRY DOES NOT DISCRIMINATE AGAINST
UNITED STATES FLAG VESSELS IN THE CARRIAGE OF THE EXPORTS OR IMPORTS OF
THE RECIPIENT NATION. APPROVAL MAY BE GRANTED FOR RECIPIENT COUNTRY'S
VESSELS TO CARRY UP TO, BUT NOT IN EXCESS OF 50 PERCENT OF THE CARGO
UNDER THIS AGREEMENT. OCEAN FREIGHT REVENUE IS THE MAIN CRITERION FOR
DETERMINING FLAG PARTICIPATION BUT CARGO VALUATION SHALL ALSO BE TAKEN
INTO CONSIDERATION. ACCORDINGLY, THROUGHOUT THE LIFE OF THIS AGREEMENT
U.S. FLAG VESSELS SHALL NOT RECEIVE LESS THAN 50% OF THE CARGO VALUATION
AND OCEAN FREIGHT REVENUE IN SO FAR AS PRACTICABLE.
APPLICATIONS FOR GENERAL WAIVER SHOULD BE SUBMITTED AS SOON AS
PRACTICABLE AFTER DETERMINATION HAS BEEN MADE TO USE RECIPIENT COUNTRY
FLAG VESSELS BUT AT LEAST TWENTY-ONE (21) DAYS IN ADVANCE OF INTENDED
SHIPPING DATES TO ENABLE VERIFICATION OF THE TREATMENT ACCORDED VESSELS
OF U.S. REGISTRY AND TO PROCESS THE APPLICATION.
SUBSEQUENT TO THE GRANTING OF A GENERAL WAIVER, IF IT OCCURS THAT
NEITHER UNITED STATES FLAG VESSELS NOR RECIPIENT COUNTRY FLAG VESSELS
ARE AVAILABLE, CONSIDERATION WILL BE GIVEN TO SPECIFIC WAIVER
APPLICATIONS TO AUTHORIZE, ON A SHIPMENT-BY-SHIPMENT BASIS, THE USE OF
THIRD FLAG VESSELS. APPLICATIONS FOR THE USE OF A THIRD FLAG VESSEL
UNDER AN APPROVED GENERAL WAIVER SHOULD BE SUBMITTED AT LEAST 21 DAYS
PRIOR TO THE INTENDED SHIPPING DATE TO ALLOW TIME TO PROCESS THE
APPLICATION. IF A WAIVER IS GRANTED TO ALLOW THE USE OF A THIRD FLAG
VESSEL FOR A PARTICULAR SHIPMENT UNDER AN EXISTING GENERAL WAIVER, THE
CARGO CARRIED BY THE THIRD FLAG VESSEL SHALL BE RECORDED AGAINST THE
RECIPIENT COUNTRY FLAG VESSELS' PORTION OF THE CARGO AVAILABLE UNDER THE
GENERAL WAIVER.
THE APPLICATION FOR A GENERAL WAIVER AND SUBSEQUENT WAIVERS FOR THE
USE OF THIRD FLAG VESSELS SHOULD BE SUBMITTED BY THE RECIPIENT COUNTRY
DIRECTING THE SHIPMENT (OR HIS FREIGHT FORWARDER) TO THE DIRECTOR,
DEFENSE SECURITY ASSISTANCE AGENCY, ROOM 4E837, DEPARTMENT OF DEFENSE,
WASHINGTON, D.C. 20301, WITH A COPY TO THE DIRECTOR, OFFICE OF MARKET
DEVELOPMENT, MARITIME ADMINISTRATION, U.S. DEPARTMENT OF COMMERCE,
WASHINGTON, D.C. 20230.
B. NON-AVAILABILITY WAIVERS
CONSIDERATION WILL BE GIVEN TO WAIVER APPLICATIONS TO AUTHORIZE USE
OF FOREIGN FLAG VESSELS IN THOSE CASES OF NON-AVAILABILITY OF UNITED
STATES FLAG VESSELS OR IN INSTANCES NON-AVAILABILITY OF UNITED STATES
FLAG VESSELS AT REASONABLE RATES.
APPLICATIONS FOR NON-AVAILABILITY WAIVERS TO PERMIT USE OF RECIPIENT
COUNTRY FLAG VESSELS NEED NOT BE SUBMITTED IF A GENERAL WAIVER HAS BEEN
APPROVED AND THE RECIPIENT COUNTRY WILL USE U.S. FLAG VESSELS TO CARRY
OVER 50 PERCENT OF THE CARGO UNDER THIS AGREEMENT. APPLICATIONS ARE
REQUIRED WHERE A GENERAL WAIVER (1) HAS NOT BEEN APPLIED FOR, (2) HAS
NOT BEEN APPROVED, OR (3) HAS BEEN APPROVED BUT, ON A
SHIPMENT-BY-SHIPMENT BASIS, U.S. FLAG VESSELS ARE NOT AVAILABLE OR NOT
AVAILABLE AT REASONABLE RATES AND SHIPMENTS ON NON-U.S. FLAG VESSELS
WILL EXCEED 50 PERCENT OF THE CARGO UNDER THIS AGREEMENT. IF A GENERAL
WAIVER HAS BEEN APPROVED, EVERY EFFORT SHOULD BE MADE TO SHIP DEFENSE
ARTICLES AND EQUIPMENT WHERE U.S. FLAG VESSELS ARE NOT AVAILABLE OR NOT
AVAILABLE AT REASONABLE RATES, UNDER THE RECIPIENT COUNTRY'S PORTION OF
THE CARGO AVAILABLE UNDER THE GENERAL WAIVER. THEREFORE, APPLICATIONS
FOR NON-AVAILABILITY WAIVERS, WHERE A GENERAL WAIVER HAS BEEN APPROVED,
SHOULD BE SUBMITTED ONLY UNDER UNUSUAL CIRCUMSTANCES.
APPLICATIONS ON THE BASIS OF NON-AVAILABILITY OF VESSELS OF UNITED
STATES REGISTRY MUST ESTABLISH AND DOCUMENT THAT THE RECIPIENT COUNTRY
HAS MADE A REASONABLE, TIMELY AND BONA FIDE EFFORT TO ARRANGE SHIPMENT
ON VESSELS OF UNITED STATES REGISTRY AND THAT SUCH VESSELS ARE NOT
AVAILABLE. SUCH APPLICATIONS MUST BE SUBMITTED AT LEAST 21 DAYS IN
ADVANCE OF THE INTENDED SHIPPING DATE TO ENABLE VERIFICATION OF
NON-AVAILABILITY OF VESSELS OF UNITED STATES REGISTRY AND TO PROCESS THE
APPLICATION.
APPLICATIONS ON THE BASIS OF NON-AVAILABILITY OF VESSELS OF UNITED
STATES REGISTRY AT REASONABLE RATES MUST ESTABLISH AND DOCUMENT ALL
APPLICABLE COMPARATIVE RATES AND SHOULD BE SUBMITTED AT LEAST 21 DAYS IN
ADVANCE OF THE INTENDED SHIPPING DATE TO ENABLE VERIFICATION OF
NON-AVAILABILITY OF VESSELS OF UNITED STATES REGISTRY AT REASONABLE
RATES AND TO PROCESS THE APPLICATION.
APPLICATIONS FOR NON-AVAILABILITY WAIVERS MUST BE SUBMITTED ON A
SHIPMENT-BY-SHIPMENT BASIS. APPLICATIONS SHOULD BE SUBMITTED TO THE
DIRECTOR, DEFENSE SECURITY ASSISTANCE AGENCY, ROOM 4E837, DEPARTMENT OF
DEFENSE, WASHINGTON, D.C. 20301 WITH A COPY TO THE DIRECTOR, OFFICE OF
MARKET DEVELOPMENT, MARITIME ADMINISTRATION, U.S. DEPARTMENT OF
COMMERCE, WASHINGTON, D.C. 20230.
EACH APPLICATION FOR A NON-AVAILABILITY WAIVER SHOULD CONTAIN THE
FOLLOWING INFORMATION:
1. IDENTIFICATION AND ADDRESS OF THE APPLICANT
2. RECIPIENT COUNTRY
3. DATE AND SOURCE OF LOAN (FFB, ETC.)
4. MANUFACTURER AND/OR EXPORTER
5. LIST AND DESCRIPTION OF COMMODITIES TO BE SHIPPED
6. FAS VALUE OF COMMODITIES
7. SHIPPING DATE
8. LOADING PORT
9. DISCHARGE PORT
10. ESTIMATED OCEAN FREIGHT COST
11. PROPOSED VESSEL(S) TO BE USED
12. WEIGHT OF SHIPMENT
13. CUBE MEASUREMENT OF SHIPMENT
14. ORIGINAL POINT OF PRODUCTION
C. SECURITY WAIVERS
CONSIDERATION WILL BE GIVEN TO WAIVER APPLICATIONS TO AUTHORIZE
VESSELS FLYING THE FLAG OF THE COUNTRY TO WHOM THE AGREEMENT APPLIES ON
THE BASIS OF REASONABLE SECURITY NEEDS IN REGARDS TO THE CARGO AND THE
ARRIVAL OF SUCH CARGO AT ITS DESTINATION. A SECURITY WAIVER MAY BE
REQUESTED FOR A SPECIFIC SHIPMENT OR SERIES OF SHIPMENTS UNDER THIS
AGREEMENT WHERE SABOTAGE MAY REASONABLY BE EXPECTED OR A STATE OF
EMERGENCY EXISTS.
APPLICATION FOR SECURITY WAIVERS NEED NOT BE SUBMITTED IF A GENERAL
WAIVER HAS BEEN APPROVED AND THE RECIPIENT COUNTRY WILL USE U.S. FLAG
VESSELS TO CARRY OVER 50 PERCENT OF THE CARGO UNDER THIS AGREEMENT.
APPLICATIONS ARE REQUIRED WHERE A GENERAL WAIVER (1) HAS NOT BEEN
APPLIED FOR, (2) HAS NOT BEEN APPROVED, OR (3) HAS BEEN APPROVED BUT, ON
A SHIPMENT-BY-SHIPMENT BASIS, USE OF RECIPIENT COUNTRY FLAG VESSELS WILL
EXCEED 50 PERCENT OF THE CARGO UNDER THIS AGREEMENT. IF A GENERAL
WAIVER HAS BEEN APPROVED, EVERY EFFORT SHOULD BE MADE TO SHIP THOSE
DEFENSE ARTICLES AND EQUIPMENT INVOLVING SPECIAL SECURITY OR SAFETY
REQUIREMENTS UNDER THE RECIPIENT COUNTRY'S PORTION OF THE CARGO
AVAILABLE UNDER THE GENERAL WAIVER. THEREFORE, WAIVER APPLICATIONS FOR
SECURITY OR SAFETY REASONS WHERE A GENERAL WAIVER HAS BEEN APPROVED
SHOULD BE SUBMITTED ONLY UNDER UNUSUAL CIRCUMSTANCES.
APPLICATIONS ON THE BASIS OF SECURITY MUST PROVIDE THE SPECIFIC
SECURITY OR SAFETY REQUIREMENTS AND INFORMATION INVOLVED IN THE
SHIPMENT(S) TO BE MADE AT LEAST 21 DAYS IN ADVANCE OF THE INTENDED
SHIPMENT(S) DATES TO ENABLE VERIFICATION OF THE SECURITY OR SAFETY
REQUIREMENTS AND TO PROCESS THE APPLICATION.
THE APPLICATION SHOULD BE PROVIDED BY THE RECIPIENT COUNTRY TO THE
DIRECTOR, DEFENSE SECURITY ASSISTANCE AGENCY, ROOM 4E837, DEPARTMENT OF
DEFENSE, WASHINGTON, D.C. 20301, WITH A COPY TO THE DIRECTOR, OFFICE OF
MARKET DEVELOPMENT, MARITIME ADMINISTRATION, U.S. DEPARTMENT OF
COMMERCE, WASHINGTON, D.C. 20230.
2. IN ORDER TO MONITOR THE USE OF MARINE TRANSPORTATION UNDER THIS
AGREEMENT, PERTINENT INFORMATION SHOULD BE FORWARDED AS EARLY AS
POSSIBLE BUT NOT LATER THAN 90 DAYS AFTER SHIPMENT, TO THE DIRECTOR,
OFFICE OF MARKET DEVELOPMENT, MARITIME ADMINISTRATION, U.S. DEPARTMENT
OF COMMERCE, WASHINGTON, D.C. 20230, FOR ALL SHIPMENTS OF GOODS FINANCED
IN WHOLE OR IN PART WITH CREDIT AND/OR GUARANTEED LOAN FUNDS. THE
FOLLOWING INFORMATION MUST BE REPORTED:
(A) DATE AND SOURCE OF LOAN (FFB, ETC)
(B) FAS VALUE OF CARGO
(C) MANUFACTURER
(D) FREIGHT FORWARDER
(E) OCEAN FREIGHT COST
(F) NAME OF VESSEL
(G) VESSEL FLAG OF REGISTRY
(H) DATE OF LOADING
(I) PORT OF LOADING
(J) PORT OF FINAL DISCHARGE
(K) CARGO DESCRIPTION
(L) GROSS WEIGHT OF CARGO
(M) CUBIC MEASUREMENT OF CARGO
WHERE OBTAINABLE, A PROPERLY RATED AND LEGIBLE COPY OF THE OCEAN BILL
OF LADING IN ENGLISH WILL SUFFICE SO LONG AS ALL THE ABOVE INFORMATION
IS CONTAINED THEREON.
THE FIRST $500,000 OF DISBURSEMENTS ARE REPAYABLE ON APRIL 1, 1979
THE NEXT $500,000 OF DISBURSEMENTS ARE REPAYABLE ON OCTOBER 1, 1979
THE NEXT $500,000 OF DISBURSEMENTS ARE REPAYABLE ON APRIL 1, 1980
THE NEXT $500,000 OF DISBURSEMENTS ARE REPAYABLE ON OCTOBER 1, 1980
THE NEXT $500,000 OF DISBURSEMENTS ARE REPAYABLE ON APRIL 1, 1981
THE NEXT $500,000 OF DISBURSEMENTS ARE REPAYABLE ON OCTOBER 1, 1981
THE NEXT $500,000 OF DISBURSEMENTS ARE REPAYABLE ON APRIL 1, 1982
THE NEXT $500,000 OF DISBURSEMENTS ARE REPAYABLE ON OCTOBER 1, 1982
THE NEXT $500,000 OF DISBURSEMENTS ARE REPAYABLE ON APRIL 1, 1983
THE NEXT $500,000 OF DISBURSEMENTS ARE REPAYABLE ON OCTOBER 1, 1983
THE NEXT $500,000 0F DISBURSEMENTS ARE REPAYABLE ON APRIL 1, 1984
THE NEXT $500,000 OF DISBURSEMENTS ARE REPAYABLE ON OCTOBER 1, 1984
THE NEXT $500,000 OF DISBURSEMENTS ARE REPAYABLE ON APRIL 1, 1985
THE NEXT $500,000 OF DISBURSEMENTS ARE REPAYABLE ON OCTOBER 1, 1985
THE NEXT $500,000 OF DISBURSEMENTS ARE REPAYABLE ON APRIL 1, 1986
THE NEXT $500,000 OF DISBURSEMENTS ARE REPAYABLE ON OCTOBER 1, 1986
THE NEXT $500,000 OF DISBURSEMENTS ARE REPAYABLE ON APRIL 1, 1987
THE NEXT $500,000 OF DISBURSEMENTS ARE REPAYABLE ON OCTOBER 1, 1987
THE NEXT $500,000 OF DISBURSEMENTS ARE REPAYABLE ON APRIL 1, 1988
THE LAST $500,000 OF DISBURSEMENTS ARE REPAYABLE ON OCTOBER 1, 1988
NORWAY 1 DEC 1975 FLITE DOCUMENT NO. 7950058
NOTES OF AMENDMENT EXECUTED 21 NOVEMBER AND 1 DECEMBER 1975.
NOTES OF AMENDMENT MADE TO OBTAIN CONTRIBUTED CURRENCY FUNDS FOR THE
UNITED STATES FISCAL YEAR 1976. AMENDS ANNEX C OF MUTUAL DEFENSE
ASSISTANCE AGREEMENT OF 27 JANUARY 1950.
THE ROYAL MINISTRY OF FOREIGN AFFAIRS PRESENTS ITS COMPLIMENTS TO THE
EMBASSY OF THE UNITED STATES OF AMERICA AND HAS THE HONOUR TO
ACKNOWLEDGE RECEIPT OF THE EMBASSY'S NOTE NO. M-74 OF 21 NOVEMBER 1975
REGARDING THE PAYMENT OF ADMINISTRATIVE EXPENDITURES OF THE EMBASSY IN
CONNECTION WITH THE CARRYING OUT OF THE MUTUAL DEFENSE ASSISTANCE
AGREEMENT BETWEEN NORWAY AND THE UNITED STATES SIGNED AT WASHINGTON ON
27 JANUARY 1950.
THE MINISTRY HAS THE HONOUR TO STATE THAT THE NORWEGIAN GOVERNMENT
AGREES TO THE PROPOSAL MADE IN THE EMBASSY'S NOTE TO THE EFFECT THAT
ANNEX C OF THE BILATERAL AGREEMENT BE AMENDED TO READ AS FOLLOWS:
"IN IMPLEMENTATION OF PARAGRAPH (1) OF ARTICLE IV OF THE MUTUAL
DEFENSE AGREEMENT BETWEEN THE GOVERNMENT OF THE UNITED STATES OF AMERICA
AND NORWAY, THE GOVERNMENT OF NORWAY WILL DEPOSIT NORWEGIAN KRONER AT
SUCH TIMES AS REQUESTED IN AN ACCOUNT DESIGNATED BY THE UNITED STATES
EMBASSY AT OSLO, NOT TO EXCEED IN TOTAL NORWEGIAN KRONER 1,940,789 FOR
ITS USE ON BEHALF OF THE GOVERNMENT OF THE UNITED STATES OF AMERICA FOR
ADMINISTRATIVE EXPENDITURES WITHIN NORWAY IN CONNECTION WITH CARRYING
OUT THAT AGREEMENT FOR THE FIFTEEN MONTH PERIOD ENDING SEPTEMBER 30,
1976.
THE MINISTRY AGREES THAT THE EMBASSY'S NOTE OF 21 NOVEMBER 1979
TOGETHER WITH THIS REPLY CONSTITUTE AN AMENDMENT TO ANNEX C OF THE
MUTUAL DEFENSE ASSISTANCE AGREEMENT BETWEEN NORWAY AND THE UNITED STATES
OF AMERICA, SIGNED AT WASHINGTON, D.C., ON 27 JANUARY 1950.
EMBASSY OF THE
UNITED STATES OF AMERICA
OSLO
THE ROYAL MINISTRY AVAILS ITSELF OF THIS OPPORTUNITY TO RENEW TO THE
EMBASSY OF THE UNITED STATES OF AMERICA THE ASSURANCE OF ITS HIGHEST
CONSIDERATION.
(SEAL OMITTED)
THIS IS TO CERTIFY THAT THE ABOVE DOCUMENT IS A TRUE COPY OF THE
ORIGINAL RECEIVED FROM THE ROYAL NORWEGIAN MINISTRY OF FOREIGN AFFAIRS.
M-74
THE EMBASSY OF THE UNITED STATES OF AMERICA PRESENTS ITS COMPLIMENTS
TO THE ROYAL NORWEGIAN MINISTRY OF FOREIGN AFFAIRS AND, WITH REFERENCE
TO PARAGRAPH 1, ARTICLE IV OF THE MUTUAL DEFENSE ASSISTANCE AGREEMENT
BETWEEN THE UNITED STATES AND NORWAY SIGNED AT WASHINGTON ON JANUARY 27,
1950, HAS THE HONOR TO STATE FOR THE INFORMATION OF THE MINISTRY THAT
THE MINIMUM AMOUNT OF NORWEGIAN KRONER NECESSARY DURING THE UNITED
STATES GOVERNMENT FISCAL YEAR 1976 (JULY 1, 1975 - SEPTEMBER 30, 1976)
FOR THE ADMINISTRATIVE EXPENDITURES OF THE UNITED STATES EMBASSY AT OSLO
IN CONNECTION WITH THE IMPLEMENTATION OF THE AGREEMENT, INCLUDING THOSE
OF RELATED TRAINING IN NORWAY, HAS BEEN ESTIMATED TO BE NORWEGIAN KRONER
1,946,789. THE MINISTRY WILL NOTE IN THIS CONNECTION THAT THE FOREGOING
AMOUNT COVERS A FIFTEEN MONTH PERIOD IN CONSIDERATION OF THE FACT THAT
THE UNITED STATES GOVERNMENT'S FISCAL YEAR HAS BEEN REVISED BY ACT OF
CONGRESS TO COMMENCE IN 1976 ON OCTOBER 1 AND TO END ON SEPTEMBER 30 FOR
THIS AND FUTURE YEARS.
THE EMBASSY ALSO HAS THE HONOR TO STATE THAT THE REQUESTED AMOUNT OF
NORWEGIAN KRONER 1,946,789 INCLUDES A SHORTFALL OF NORWEGIAN KRONER
30,073 IN THE UNITED STATES GOVERNMENT'S ESTIMATED REQUIREMENTS FOR
FY-1974.
THE EMBASSY FURTHERMORE HAS THE HONOR TO STATE FOR THE INFORMATION OF
THE MINISTRY THAT THE NORWEGIAN GOVERNMENT CONTRIBUTED NORWEGIAN KRONER
1,217,380 FOR THE UNITED STATES GOVERNMENT'S FISCAL YEAR 1975 EXPENSES.
THE EMBASSY PROPOSES THAT, IN ACCORDANCE WITH THE PREVIOUS PRACTICE,
ANNEX C OF THE BILATERAL AGREEMENT BE AMENDED TO READ AS FOLLOWS:
"IN IMPLEMENTATION OF PARAGRAPH (1) OF ARTICLE IV OF THE MUTUAL
DEFENSE AGREEMENT BETWEEN
THE GOVERNMENTS OF THE UNITED STATES OF AMERICA AND NORWAY, THE
GOVERNMENT OF NORWAY WILL
DEPOSIT NORWEGIAN KRONER AT SUCH TIMES AS REQUESTED IN AN ACCOUNT
DESIGNATED BY THE UNITED
STATES EMBASSY AT OSLO, NOT TO EXCEED IN TOTAL NORWEGIAN KRONER
1,946,789 FOR ITS USE ON
BEHALF OF THE GOVERNMENT OF THE UNITED STATES OF AMERICA FOR
ADMINISTRATIVE EXPENDITURES
WITHIN NORWAY IN CONNECTION WITH CARRYING OUT THAT AGREEMENT FOR THE
FIFTEEN MONTH PERIOD ENDING SEPTEMBER 30, 1976."
IT IS SUGGESTED THAT, IF ACCEPTABLE TO THE NORWEGIAN GOVERNMENT, THIS
NOTE AND THE MINISTRY'S REPLY TOGETHER SHALL CONSTITUTE AN AMENDMENT TO
ANNEX C OF THE MUTUAL DEFENSE ASSISTANCE AGREEMENT BETWEEN THE UNITED
1950.
EMBASSY OF THE UNITED STATES OF AMERICA
OSLO, NORWAY, NOVEMBER 21, 1975
ADMIN: E. OINES:MD APPROVED:
CC: MAAG
POL
THIS IS TO CERTIFY THAT THE ABOVE DOCUMENT IS A TRUE COPY OF THE
ORIGINAL SENT TO THE ROYAL NORWEGIAN MINISTRY OF FOREIGN AFFAIRS.
VENEZUELA, REPUBLIC OF 25 JUN 1976 FLITE DOCUMENT NO. 7950057
CREDIT AGREEMENT EXECUTED 25 JUNE 1976.
CREDIT AGREEMENT FOR THE PURCHASE OF DEFENSE ITEMS.
CREDIT AGREEMENT, MADE AND ENTERED INTO THE 25 DAY OF JUNE 1976
BETWEEN THE GOVERNMENT OF THE REPUBLIC OF VENEZUELA, REPRESENTED BY THE
MINISTRY OF DEFENSE OF VENEZUELA, AND THE GOVERNMENT OF THE UNITED
STATES OF AMERICA, REPRESENTED BY THE DEPARTMENT OF DEFENSE OF THE
UNITED STATES OF AMERICA.
WHEREAS, THE GOVERNMENT OF VENEZUELA (HEREINAFTER SOMETIMES REFERRED
TO AS THE "BORROWER") DESIRES TO ENTER INTO PURCHASE CONTRACTS
(HEREINAFTER REFERRED TO AS "PURCHASE ARRANGEMENTS") WITH THE MILITARY
DEPARTMENTS AND AGENCIES OF THE UNITED STATES DEPARTMENT OF DEFENSE
(HEREINAFTER REFERRED TO AS "DOD") AND/OR VARIOUS UNITED STATES
COMMERCIAL SUPPLIERS FOR THE PURCHASE OF DEFENSE ARTICLES AND SERVICES
OF UNITED STATES ORIGIN (HEREINAFTER COLLECTIVELY REFERRED TO AS
"DEFENSE ITEMS"); AND
WHEREAS, THE BORROWER HAS REQUESTED THE GOVERNMENT OF THE UNITED
STATES OF AMERICA (HEREINAFTER SOMETIMES REFERRED TO AS THE "LENDER") TO
FINANCE PAYMENTS REQUIRED TO BE MADE BY THE BORROWER UNDER THE PURCHASE
ARRANGEMENTS; AND
WHEREAS, THE AFORESAID REQUESTED CREDIT WILL FACILITATE THE PURPOSE
OF THE UNITED STATES FOREIGN MILITARY SALES ACT, AS AMENDED;
NOW THEREFORE, IN CONSIDERATION OF THE PREMISE AND THE MUTUAL
CONVENANTS HEREINAFTER SET FORTH, THE PARTIES HERETO AGREE AS FOLLOWS:
1. SUBJECT TO THE TERMS AND CONDITIONS HEREOF, THE LENDER AGREES TO
MAKE LOANS TO THE BORROWER FROM TIME TO TIME IN AN AGGREGATE PRINCIPAL
AMOUNT UP TO BUT NOT EXCEEDING $10.0 MILLION (HEREINAFTER CALLED THE
"COMMITMENT").
2. THE AFORESAID COMMITMENT SHALL BE AVAILABLE ONLY TO FINANCE THE
PURCHASE OF DEFENSE ITEMS BY THE BORROWER PURSUANT TO PURCHASE
ARRANGEMENTS AUTHORIZED FOR SUCH FINANCING BY DOD WHICH ARE ENTERED INTO
BY THE BORROWER ON OR BEFORE 30 JUNE 1978. EACH AUTHORIZATION FOR THE
BORROWER TO ENTER INTO A PURCHASE ARRANGEMENT IN IMPLEMENTATION OF THIS
CREDIT AGREEMENT SHALL BE SEPARATELY COMMUNICATED BY DOD IN WRITING TO
THE BORROWER, WHICH AUTHORIZATION SHALL SPECIFY THE DEFENSE ITEMS AND
THE AMOUNT OF CREDIT AUTHORIZED FOR THE PURCHASE ARRANGEMENT. THE
BORROWER SHALL INCORPORATE INTO EACH SUCH PURCHASE ARRANGEMENT WITH
COMMERCIAL SUPPLIERS THE PROVISIONS OF ANNEX A HERETO AND ATTACH AS AN
EXHIBIT TO THE PURCHASE ARRANGEMENT A TRUE COPY OF THE APPLICABLE
AFORESAID AUTHORIZATION AND OF PARAGRAPH 9 OF THIS CREDIT AGREEMENT.
3. EACH LOAN HEREUNDER BY THE LENDER SHALL BE MADE IN ACCORDANCE
WITH THE FOLLOWING PROCEDURES:
(A) EACH LOAN SHALL BE MADE ON SUCH DATE (HEREIN REFERRED TO AS A
"DISBURSEMENT DATE") AS MAY BE DESIGNATED BY THE BORROWER FROM TIME TO
TIME UPON TEN (10) DAYS WRITTEN NOTICE BY THE BORROWER TO THE LENDER.
(B) EACH NOTICE SHALL SPECIFY THE AMOUNT OF THE LOAN TO BE MADE BY
THE LENDER ON THE DISBURSEMENT DATE, AND SHALL SPECIFY THE SUPPLIER OR
SUPPLIERS (INCLUDING THE MILITARY DEPARTMENTS OR AGENCIES OF DOD) TO
WHOM THE DISBURSEMENT IS TO BE REMITTED BY THE LENDER.
(C) EACH NOTICE SHALL BE PREPARED IN QUADRUPLICATE ON U.S. STANDARD
FORM 1034 AND SHALL BE SENT TO THE COMPTROLLER, DEFENSE SECURITY
ASSISTANCE AGENCY, THE PENTAGON, WASHINGTON, D.C. 20301.
(D) IN THE CASE OF DISBURSEMENTS REQUESTED TO BE MADE TO COMMERCIAL
SUPPLIERS, THE INVOICES SHALL BE PREPARED IN ACCORDANCE WITH THE
PROCEDURES SET FORTH IN ANNEX A HERETO.
(E) IN THE CASE OF DISBURSEMENTS REQUESTED TO BE MADE TO THE MILITARY
DEPARTMENTS AND AGENCIES OF DOD, THE NOTICES SHALL HAVE ANNEXED HERETO
COPIES OF THE PAYMENT REQUESTED RECEIVED BY THE BORROWER FROM SUCH
MILITARY DEPARTMENT OR AGENCY AGAINST WHICH DISBURSEMENT IS REQUESTED.
(F) WITH EACH NOTICE, THE BORROWER SHALL CONCURRENTLY TRANSMIT TO THE
LENDER AT THE ADDRESS SET FORTH IN SUBPARAGRAPH (C) ABOVE OF THIS
PARAGRAPH A PROMISSORY NOTE SUBSTANTIALLY IN THE FORM OF ANNEX B HERETO
(WITH THE BLANKS APPROPRIATELY FILLED IN) RECITING THE OBLIGATION OF THE
BORROWER TO REPAY THE AMOUNT OF SUCH LOAN WITH INTEREST THEREON AS
HEREINAFTER SET FORTH. (THE PROMISSORY NOTES HEREINAFTER REFERRED TO
ARE HEREINAFTER CALLED THE "NOTES" AND INDIVIDUALLY A "NOTE").
4. (A) MARINE TRANSPORTATION OF DEFENSE ARTICLES, THE PURCHASE OF
WHICH IS TO BE FINANCED UNDER THIS AGREEMENT, SHALL BE TRANSPORTED IN
PRIVATELY OWNED VESSELS OF UNITED STATES REGISTRY UNLESS A WAIVER OF
THIS REQUIREMENT IS OBTAINED FROM THE DIRECTOR, DEFENSE SECURITY
ASSISTANCE AGENCY, DEPARTMENT OF DEFENSE. REQUESTS FOR WAIVER ARE AS
DESCRIBED IN ANNEX D.
(B) THE BORROWER OR ITS COMMERCIAL SUPPLIERS SHALL BE RESPONSIBLE FOR
OBTAINING SUCH EXPORT LICENSES AS MAY BE NECESSARY FOR DEFENSE ITEMS
FINANCED HEREUNDER.
5. THIS AGREEMENT EVIDENCES THE LEGAL AND BINDING OBLIGATION OF THE
BORROWER TO MAKE REPAYMENTS TO THE LENDER FOR DISBURSEMENT MADE BY THE
LENDER IN ACCORDANCE WITH THE TERMS HEREOF. THE LENDER MAY SELL OR
ASSIGN, IN WHOLE OR IN PART, ITS RIGHTS TO SAID REPAYMENTS AND MAY, WITH
RESPECT TO SUCH SALE OR ASSIGNMENT, GUARANTEE PAYMENT OF THE SAME. THE
LENDER AGREES THAT IT WILL NOT SELL OR ASSIGN ITS RIGHTS TO A THIRD
PARTY OTHER THAN AN AGENCY OF THE UNITED STATES GOVERNMENT.
6. (A) THE BORROWER SHALL REPAY THE DISBURSEMENTS MADE BY THE LENDER
IN ACCORDANCE WITH THE PRINCIPAL REPAYMENT SCHEDULE SET FORTH IN ANNEX C
HERETO, AND SHALL PAY INTEREST SEMIANNUALLY COMMENCING 30 SEPTEMBER
1976, AT THE RATE OF SEVEN AND SEVEN-EIGHTS PERCENT (7 7/8%) PER ANNUM,
USING A 365 DAY FACTOR, ON THE AMOUNT BY WHICH FROM TIME TO TIME
CUMULATIVE DISBURSEMENTS EXCEED CUMULATIVE REPAYMENTS OF PRINCIPAL.
(B) IF ON ANY INSTALLMENT REPAYMENT DATE SET FORTH IN THE PRINCIPAL
REPAYMENT SCHEDULE THE BORROWER SHALL NOT HAVE AVAILED ITSELF OF THE
COMMITMENT OF THE LENDER IN AN AGGREGATE AMOUNT (LESS REPAYMENTS
PREVIOUSLY MADE) EQUAL TO THE AGGREGATE INSTALLMENT OF PRINCIPAL WHICH
IS REPAYABLE ON SUCH A DATE TO THE LENDER, THE BORROWER SHALL, ON SUCH
INSTALLMENT DATE, REPAY TO THE LENDER THE FULL AMOUNT (LESS REPAYMENTS
PREVIOUSLY MADE) TO WHICH IT HAS AVAILED ITSELF OF THE COMMITMENT OF THE
LENDER TO SUCH DATE, TOGETHER WITH THE INTEREST ACCRUED THEREON. IF AT
ANY TIME THEREAFTER THE BORROWER SHALL AVAIL ITSELF OF THE COMMITMENT OF
THE LENDER IN AN AMOUNT WHICH WOULD HAVE BEEN PAYABLE ON A PRIOR
INSTALLMENT REPAYMENT DATE BUT FOR THE PROVISIONS OF THE IMMEDIATELY
PRECEDING SENTENCE, SUCH AMOUNT, TOGETHER WITH THE INTEREST ACCRUED
THEREON, SHALL BE REPAYABLE ON THE NEXT SUCCEEDING INSTALLMENT DATE OF
THE PRINCIPAL REPAYMENT SCHEDULE OCCURRING AFTER THE DISBURSEMENT OF
SUCH AMOUNT AND THE SAID AGGREGATE INSTALLMENT OF PRINCIPAL REPAYABLE
UNDER THE PRINCIPAL REPAYMENT SCHEDULE TO THE LENDER ON THAT DATE SHALL
BE INCREASED BY SUCH AMOUNT.
(C) IF BY THE DATE SPECIFIED IN PARAGRAPH 2 ABOVE; THE BORROWER
SHALL NOT HAVE ENTERED INTO AUTHORIZED PURCHASE ARRANGEMENTS IN AN
AGGREGATE AMOUNT EQUAL TO THE ENTIRE AMOUNT OF THE COMMITMENT, THE
INSTALLMENTS OF PRINCIPAL REPAYABLE TO THE LENDER SET FORTH IN THE
PRINCIPAL REPAYMENT SCHEDULE SHALL BE REDUCED IN THE INVERSE ORDER OF
THE MATURITY THEREOF TO THE EXTENT OF THE UNUSED BALANCE OF THE
COMMITMENT.
(D) WHENEVER ANY REPAYMENT TO BE MADE BY THE BORROWER SHALL BE DUE ON
A SATURDAY, SUNDAY, OR PUBLIC HOLIDAY UNDER THE LAWS OF THE LENDER, SUCH
REPAYMENT MAY BE MADE ON THE NEXT SUCCEEDING BUSINESS DAY, AND SUCH
EXTENSION OF TIME SHALL IN SUCH CASE BE INCLUDED IN COMPUTING INTEREST
IN CONNECTION WITH SUCH REPAYMENT BUT EXCLUDED FROM THE NEXT INTEREST
PERIOD.
(E) THE BORROWER MAY PREPAY THE CREDIT EXTENDED UNDER THIS AGREEMENT
IN PART OR IN FULL OR ANY INTEREST PAYMENT DATE WITHOUT PENALTY OR
PREMIUM, BUT SUCH PREPAYMENT MUST BE ACCOMPANIED BY PAYMENT OF INTEREST
ON THE AMOUNT PREPAID TO THE DATE OF PREPAYMENT AND MUST BE APPLIED TO
THE SATISFACTION OF INSTALLMENTS OF PRINCIPAL REPAYMENTS IN THE INVERSE
ORDER OF THEIR MATURITIES.
(F) ALL REPAYMENTS BY THE BORROWER ON ACCOUNT OF PRINCIPAL OR
INTEREST SHALL BE IN LAWFUL MONEY OF THE UNITED STATES OF AMERICA AND IN
IMMEDIATELY AVAILABLE FUNDS, FREE AND CLEAR OF, AND WITHOUT DEDUCTION
FOR, ANY AND ALL TAXES, LEVIES, IMPOSTS, DEDUCTIONS AND WITHHOLDINGS
WHATSOEVER IMPOSED, LEVIED, COLLECTED OR ASSESSED WITH RESPECT THERETO
BY ANY CENTRAL OR LOCAL AUTHORITY OF VENEZUELA.
7. (A) THE NOTES SHALL BE FURTHER EVIDENCE OF THE OBLIGATION OF THE
BORROWER TO REPAY THE LOANS MADE HEREUNDER. EACH NOTE SHALL BE DATED
THE PARTICULAR DISBURSEMENT DATE OF THE LOAN WHICH SUCH NOTE EVIDENCES,
SHALL BE PAYABLE TO THE ORDER OF THE GOVERNMENT OF THE UNITED STATES IN
THE PRINCIPAL AMOUNT OF SUCH DISBURSEMENT, AND SHALL BEAR INTEREST ON
THE UNPAID PRINCIPAL AMOUNT THEREOF AS PROVIDED IN PARAGRAPH 6(A).
(B) THE NOTES SHALL BE COMPLETED BY THE BORROWER IN SUCH A MANNER
THAT REPAYMENT OF SUCH LOANS SHALL BE MADE IN THE ORDER OF THEIR
DISBURSEMENT, UTILIZING THE PRINCIPAL REPAYMENT SCHEDULE SET FORTH IN
ANNEX C (AS THE SAME MAY BE ADJUSTED IN ACCORDANCE WITH PARAGRAPHS 6(B)
AND (C) HEREOF), AND, IN DETERMINING WHETHER A PARTICULAR LOAN IS
REPAYABLE IN ONE OR MORE INSTALLMENTS, UTILIZING A PARTICULAR
INSTALLMENT PAYMENT DATE ONLY AFTER THE FULL UTILIZATION OF THE NEXT
PRECEDING INSTALLMENT DATE.
(C) EACH NOTE SHALL BE SIGNED ON BEHALF OF THE BORROWER BY THE
MILITARY ATTACHE OF THE VENEZUELAN EMBASSY IN WASHINGTON, D.C., DULY
AUTHORIZED IN WRITING BY THE CHIEF OF THE JOINT STAFF UNDER THE
AUTHORITY OF THE MINISTRY OF DEFENSE OF THE REPUBLIC OF VENEZUELA.
8. (A) THE BORROWER REPRESENTS AND WARRANTS THAT THE MAKING AND
PERFORMANCE OF THIS AGREEMENT HAVE BEEN DULY AUTHORIZED IN ACCORDANCE
WITH THE LAWS OF VENEZUELA AND SHALL FURNISH TO THE LENDER UPON REQUEST
EVIDENCE, SATISFACTORY TO THE LENDER, OF THE AUTHORITY OF THE PERSON OR
PERSONS WHO HAVE SIGNED THIS AGREEMENT ON BEHALF OF THE BORROWER AND OF
THE PERSON OR PERSONS WHO WILL SIGN THE NOTES PROVIDED FOR HEREIN ON
BEHALF OF THE BORROWER, TOGETHER WITH THE AUTHENTICATED SPECIMEN
SIGNATURE, IN DUPLICATE, OF EACH OF THE LATTER. THE LENDER SIMILARLY
REPRESENTS AND WARRANTS THAT THE MAKING AND PERFORMANCE OF THIS
AGREEMENT HAVE BEEN DULY AUTHORIZED IN ACCORDANCE WITH UNITED STATES
LAWS, AND WILL PRESENT THE SAME AUTHORIZATION FOR THE PERSON OR PERSONS
THAT SIGN ON BEHALF OF THE LENDER.
(B) THIS AGREEMENT SHALL INSURE TO THE BENEFIT OF THE HOLDERS OF THE
NOTES, THEIR RESPECTIVE SUCCESSORS AND ASSIGNS.
(C) THE BORROWER SHALL IN ALL CASES PAY WHEN AND AS DUE THE PRINCIPAL
OF THE INTEREST ON ALL NOTES ISSUED HEREUNDER, NOTWITHSTANDING ANY
CLAIMS WHICH THE BORROWER MAY NOW OR HEREAFTER HAVE AGAINST ANY SUPPLIER
OF THE DEFENSE ITEMS, DOD, THE LENDER, OR ANY OTHER PERSON OR ENTITY IN
CONNECTION WITH ANY OTHER TRANSACTION, FOR ANY REASON WHATSOEVER.
9. UPON THE OCCURRENCE OF ANY OF THE FOLLOWING EVENTS OF DEFAULT:
(A) IF THE BORROWER FAILS FOR A PERIOD OF SIXTY (60) DAYS TO MAKE ANY
PAYMENT OF PRINCIPAL OF, OR INTEREST ON, ANY NOTE WHEN DUE;
(B) IF ANY REPRESENTATION OR WARRANTY MADE BY THE BORROWER HEREIN OR
ANY CERTIFICATE FURNISHED BY THE BORROWER PURSUANT HERETO PROVES TO BE
AT ANY TIME INCORRECT IN ANY MATERIAL RESPECT; OR
(C) IF THE BORROWER DEFAULTS IN THE PERFORMANCE OF ANY OTHER TERM,
COVENANT OR UNDERTAKING CONTAINED IN THIS CREDIT AGREEMENT, AND SUCH
DEFAULT SHALL CONTINUE UNREMEDIED FOR 60 DAYS AFTER WRITTEN NOTIFICATION
THEREOF SHALL HAVE BEEN GIVEN TO THE BORROWER BY THE LENDER; THEN, AND
IN ANY SUCH EVENT, THE HOLDER OF ANY NOTE MAY DECLARE IMMEDIATELY DUE
AND PAYABLE THE UNPAID PRINCIPAL OF, AND ACCRUED INTEREST ON, ANY OR ALL
NOTES HELD BY SUCH HOLDER AND SUCH AMOUNTS SHALL BECOME IMMEDIATELY DUE
AND PAYABLE WITHOUT PROTEST, PRESENTMENT, NOTICE OR OTHER DEMAND OF ANY
KIND, ALL OF WHICH ARE HEREBY EXPRESSLY WAIVED BY THE BORROWER, AND THE
LENDER MAY TERMINATE ITS COMMITMENT HEREUNDER.
10. ALL COMMUNICATIONS AND OTHER DOCUMENTS REQUIRED OR PERMITTED
HEREUNDER, UNLESS SUBMITTED IN THE ENGLISH LANGUAGE, SHALL BE
ACCOMPANIED BY ONE ENGLISH TRANSLATION FOR EACH COPY OF SUCH DOCUMENTS
TO BE FURNISHED AND BOTH THE ENGLISH AND SPANISH VERSIONS S ALL BE
CONSIDERED TO BE AUTHENTIC DOCUMENTS. EXCEPT AS OTHERWISE PROVIDED
HEREIN, ALL NOTICES, REQUESTS OR DEMANDS HEREUNDER SHALL BE DEEMED TO
HAVE BEEN GIVEN OR MADE UPON THE MAILING OF THE SAME, POSTAGE PREPAID,
OR IN THE CASE OF TELEGRAPHIC NOTICE, OR DELIVERY TO THE TELEGRAPHIC
COMPANY, ADDRESSED IN THE CASE OF THE BORROWER, TO THE EMBASSY OF
VENEZUELA, MILITARY ATTACHE, WAR MATERIEL OFFICE, WASHINGTON, D.C. AND
IN THE CASE OF THE LENDER TO THE DIRECTOR, DEFENSE SECURITY ASSISTANCE
AGENCY, THE PENTAGON, WASHINGTON, D.C. 20301.
11. THIS AGREEMENT MAY BE EXECUTED IN ANY NUMBER OF COUNTERPARTS AND
BY THE PARTIES HERETO ON SEPARATE COUNTERPARTS, EACH OF WHICH SHALL BE
DEEMED AN ORIGINAL BUT ALL SUCH COUNTERPARTS TO CONSTITUTE ONE AND THE
SAME INSTRUMENT. IF A SPANISH TRANSLATION OF THIS AGREEMENT IS SIGNED
SIMULTANEOUSLY HEREWITH, THEN, AND IN THAT EVENT, THE ENGLISH VERSION
SHALL GOVERN.
12. ANNEXES A THROUGH D ATTACHED HERETO ARE, BY THIS REFERENCE, MADE
A PART OF THIS AGREEMENT.
IN WITNESS WHEREOF, THE PARTIES HERETO HAVE DULY EXECUTED THIS
AGREEMENT THIS 25TH DAY OF JUNE 1976.
GOVERNMENT OF VENEZUELA
. . .
FRANCISCO ELOY ALVAREZ TORRES
GENERAL OF DIVISION
MINISTER OF DEFENSE
THE FOLLOWING PROCEDURES AND CONDITIONS SHALL BE ADHERED TO PRIOR TO
EACH DISBURSEMENT TO BE MADE BY THE GOVERNMENT OF THE UNITED STATES FOR
THE ACCOUNT OF THE GOVERNMENT OF VENEZUELA.
1. THE SUPPLIER SHALL PREPARE AND SUBMIT TO THE DESIGNATED
REPRESENTATIVES OF THE GOVERNMENT OF VENEZUELA IN WASHINGTON, D.C.
INVOICES ON U.S. STANDARD FORM 1034 IN SUFFICIENT NUMBER OF COPIES TO
PERMIT THE FORWARDING OF FOUR COPIES TO THE DISBURSING OFFICER
DESIGNATED IN PARAGRAPH 5 BELOW.
2. THE SUPPLIER SHALL INSURE THAT EACH INVOICE IS IN ACCORDANCE WITH
RELEVANT PROVISIONS OF ITS PURCHASE ARRANGEMENT WITH THE GOVERNMENT OF
VENEZUELA.
3. THE SUPPLIER SHALL ATTACH TO EACH INVOICE A STATEMENT THAT
AUTHORIZED REPRESENTATIVES OF THE GOVERNMENT OF THE UNITED STATES SHALL,
UNTIL THE EXPIRATION OF THREE YEARS AFTER FINAL PAYMENT HEREUNDER, HAVE
ACCESS TO AND THE RIGHT TO EXAMINE ANY DIRECTLY RELATED PERTINENT BOOKS,
DOCUMENTS, PAPERS AND RECORDS OF THE SUPPLIER INVOLVING TRANSACTIONS
RELATING TO THE AFORESAID PURCHASE ARRANGEMENT.
4. TO THE EXTENT THAT ANY INVOICE REQUESTS PAYMENT OF ADVANCES, AS
DISTINGUISHED FROM PAYMENT FOR DELIVERY OF DEFENSE ITEMS OR
REIMBURSEMENT IN THE FORM OF PROGRESS PAYMENTS FOR WORK OR SERVICES
PERFORMED, THE SUPPLIER SHALL ATTACH TO THE INVOICE A STATEMENT SETTING
FORTH THE UNDERTAKING OF THE SUPPLIER THAT THE FULL AMOUNT OF THE
ADVANCE WILL BE MAINTAINED BY THE SUPPLIER IN THE SEGREGATED ACCOUNT
WHICH WILL BE APPLIED SOLELY TO THE PERFORMANCE OF THE SUPPLIER'S
OBLIGATIONS UNDER THE PURCHASE ARRANGEMENT.
5. THE DESIGNATED REPRESENTATIVE OF THE GOVERNMENT OF VENEZUELA IN
WASHINGTON, D.C. SHALL FORWARD SUCH INVOICES TO THE COMPTROLLER, DEFENSE
SECURITY ASSISTANCE AGENCY, THE PENTAGON, WASHINGTON, D.C. 20301.
6. EACH INVOICE SHALL BE ACCOMPANIED BY A CERTIFICATION OF THE
GOVERNMENT OF VENEZUELA AS FOLLOWS:
"THE GOVERNMENT OF VENEZUELA CONFIRMS (THAT THE DEFENSE ITEMS SET
FORTH HEREIN HAVE BEEN SATISFACTORILY RECEIVED BY OR FOR THE GOVERNMENT
OF VENEZUELA) (THAT THE WORK OR SERVICES FOR WHICH PROGRESS PAYMENTS ARE
REQUESTED HAVE BEEN SATISFACTORILY RENDERED) (THAT PAYMENT IS OTHERWISE
DUE) UNDER ITS PURCHASE ARRANGEMENT OF . . . FOR THE PURCHASE OF DEFENSE
ITEMS FROM SUPPLIER, AND CERTIFIES THAT THE BILL IS CORRECT AND JUST AND
THAT PAYMENT THEREFOR HAS NOT BEEN MADE. PAYMENT OF THIS INVOICE IS
REQUESTED BY THE MINISTRY OF DEFENSE OF THE GOVERNMENT OF VENEZUELA
PURSUANT TO THE TERMS OF THE CREDIT AGREEMENT OF . . . BETWEEN THE
MINISTRY OF DEFENSE OF THE GOVERNMENT OF VENEZUELA AND THE GOVERNMENT OF
THE UNITED STATES OF AMERICA. THE GOVERNMENT OF VENEZUELA CONFIRMS THAT
SAID PURCHASE ARRANGEMENT IS ONE OF THE PURCHASE ARRANGEMENTS AUTHORIZED
BY THE DEPARTMENT OF DEFENSE OF THE UNITED STATES OF AMERICA PURSUANT TO
THE AFORESAID CREDIT AGREEMENT OF . . . AND FURTHER CONFIRMS THAT THE
CUMULATIVE TOTAL OF THIS INVOICE AND INVOICES
PREVIOUSLY PAID BY THE GOVERNMENT OF THE UNITED STATES AGAINST SAID
PURCHASE ARRANGEMENT DOES NOT EXCEED THE AGGREGATE CREDIT CEILING
ESTABLISHED BY THE GOVERNMENT OF THE UNITED STATES FOR THE SAID PURCHASE
ARRANGEMENT.
U.S. $ . . . , WASHINGTON D.C.
FOR VALUE RECEIVED, THE UNDERSIGNED, THE GOVERNMENT OF . . . (HEREIN
CALLED " . . . " HEREBY PROMISES TO PAY TO THE ORDER OF THE GOVERNMENT
OF THE UNITED STATES OF AMERICA (HEREIN CALLED "UNITED STATES") THE
PRINCIPAL SUM OF . . . UNITED STATES DOLLARS (U.S. $ . . . ) AS FOLLOWS:
(AMOUNT) (DATE)
TOGETHER WITH INTEREST ON ANY AND ALL AMOUNTS REMAINING UNPAID
HEREUNDER FROM TIME TO TIME FROM THE DATE HEREOF UNTIL THIS NOTE SHALL
BE PAID IN FULL, PAYABLE ANNUALLY ON . . . OF EACH YEAR FROM DATE HEREOF
AT THE RATE OF . . . PERCENT PER ANNUM ( . . . %) USING A 365 DAY
FACTOR, BOTH PRINCIPAL AND INTEREST TO BE PAYABLE IN LAWFUL MONEY OF THE
UNITED STATES OF AMERICA AT THE U.S. ARMY FINANCE COMPTROLLER
INFORMATION SYSTEMS COMMAND, ATTN: MILITARY ASSISTANCE/SALES ACCOUNTING
DIVISION, 1000 INDEPENDENCE AVENUE, S.W., WASHINGTON, D.C. 20314. ALL
PAYMENTS MADE ON ACCOUNT OF THE PRINCIPAL AMOUNT REMAINING UNPAID
HEREUNDER SHALL BE ENDORSED BY THE HOLDER ON THE REVERSE SIDE OF THIS
NOTE.
WHENEVER ANY PAYMENT TO BE MADE SHALL BE DUE ON A SATURDAY, SUNDAY,
OR A PUBLIC HOLIDAY UNDER THE LAWS OF THE GOVERNMENT OF THE UNITED
STATES, SUCH PAYMENT MAY BE MADE ON THE NEXT SUCCEEDING BUSINESS DAY,
AND SUCH EXTENSION OF TIME SHALL IN SUCH CASE BE INCLUDED IN COMPUTING
INTEREST IN CONNECTION WITH SUCH PAYMENT BUT EXCLUDED FROM THE NEXT
INTEREST PERIOD.
THIS NOTE MAY BE PREPAID ON ANY INTEREST PAYMENT DATE. PREPAYMENTS
SHALL BE APPLIED TO THE INSTALLMENTS HEREOF IN THE REVERSE ORDER OF
THEIR MATURITY. ALL PAYMENTS OF PRINCIPAL AND INTEREST ON THIS NOTE ARE
PAYABLE IN LAWFUL MONEY OF THE UNITED STATES OF AMERICA AND IN
IMMEDIATELY AVAILABLE FUNDS, FREE AND CLEAR OF, AND WITHOUT DEDUCTION
FOR, ANY TAXES, LEVIES, IMPOSTS, DEDUCTIONS, AND WITHHOLDINGS WHATSOEVER
NOW OR HEREAFTER IMPOSED, LEVIED, COLLECTED OR ASSESSED WITH RESPECT
THERETO BY ANY CENTRAL OR LOCAL AUTHORITY OF . . . AND SHALL BE PAID
FREE FROM ALL RESTRICTIONS OF ANY CENTRAL OR LOCAL AUTHORITY OF . . . .
THE GOVERNMENT OF . . . AGREES TO PAY ALL OUT-OF-POCKET COSTS AND
EXPENSES IN CONNECTION WITH COLLECTION AFTER DEFAULT OF THIS NOTE
(INCLUDING THE REASONABLE FEES AND OUT-OF-POCKET EXPENSES OF COUNSEL) AS
WELL AS ALL STAMP AND SIMILAR TAXES, IF ANY, NOW OR HEREAFTER IN EFFECT,
AND TO SAVE THE HOLDER OF THE NOTE HARMLESS FROM ANY AND ALL LIABILITIES
WITH RESPECT TO OR RESULTING FROM ANY DELAY OR OMISSION TO PAY SUCH
TAXES.
THE FIRST $2,000,000.00 OF DISBURSEMENTS ARE REPAYABLE ON 31 MARCH
1977
THE SECOND $2,000,000.00 OF DISBURSEMENTS ARE REPAYABLE ON 31 MARCH
1978
THE THIRD $2,000,000.00 OF DISBURSEMENTS ARE REPAYABLE ON 31 MARCH
1979
THE FOURTH $2,000,000.00 OF DISBURSEMENTS ARE REPAYABLE ON 31 MARCH
1980
THE FIFTH $2,000,000.00 OF DISBURSEMENTS ARE REPAYABLE ON 31 MARCH
1981
TOTAL $10,000,000.00
NOTE: THE INTEREST PAYMENTS ARE NOT INCLUDED. THEY WILL BE PAID IN
ACCORDANCE WITH PARAGRAPH 6(A) OF THIS AGREEMENT.
1. THE FOLLOWING PROCEDURES AND CONDITIONS SHALL BE ADHERED TO
CONCERNING MARINE TRANSPORTATION OF DEFENSE ARTICLES, THE PURCHASE OF
WHICH IS TO BE FINANCED UNDER THIS AGREEMENT. ALL DEFENSE ARTICLES,
WHICH ARE TRANSPORTED BY OCEAN VESSEL, SHALL BE TRANSPORTED IN PRIVATELY
OWNED VESSELS OF UNITED STATES REGISTRY UNLESS A WAIVER OF THIS
REQUIREMENT IS OBTAINED FROM THE DIRECTOR, DEFENSE SECURITY ASSISTANCE
AGENCY, DEPARTMENT OF DEFENSE. REQUESTS FOR WAIVER ARE CATEGORIZED AS
GENERAL, NON-AVAILABILITY OR SECURITY AS OUTLINED BELOW:
A. GENERAL WAIVERS
CONSIDERATION WILL BE GIVEN TO A WAIVER APPLICATION TO AUTHORIZE
VESSELS FLYING THE FLAG OF THE COUNTRY TO WHOM THIS AGREEMENT APPLIES TO
PARTICIPATE IN THE TRANSPORTATION OF CARGO GENERATED UNDER THIS
AGREEMENT PROVIDED THE RECIPIENT COUNTRY DOES NOT DISCRIMINATE AGAINST
UNITED STATES FLAG VESSELS IN THE CARRIAGE OF THE EXPORTS OR IMPORTS OF
THE RECIPIENT NATION. APPROVAL MAY BE GRANTED FOR RECIPIENT COUNTRY'S
VESSELS TO CARRY UP TO, BUT NOT IN EXCESS OF 50 PERCENT OF THE CARGO
UNDER THIS AGREEMENT. OCEAN FREIGHT REVENUE IS THE MAIN CRITERION FOR
DETERMINING FLAG PARTICIPATION BUT CARGO VALUATION SHALL ALSO BE TAKEN
INTO CONSIDERATION. ACCORDINGLY, THROUGHOUT THE LIFE OF THIS AGREEMENT,
U.S. FLAG VESSELS SHALL NOT RECEIVE LESS THAN 50% OF THE CARGO VALUATION
AND OCEAN FREIGHT REVENUE IN SO FAR AS PRACTICABLE.
APPLICATIONS FOR GENERAL WAIVER SHOULD BE SUBMITTED AS SOON AS
PRACTICABLE AFTER DETERMINATION HAS BEEN MADE TO USE RECIPIENT COUNTRY
FLAG VESSELS BUT AT LEAST TWENTY-ONE (21) DAYS IN ADVANCE OF INTENDED
SHIPPING DATES TO ENABLE VERIFICATION OF THE TREATMENT ACCORDED VESSELS
OF U.S. REGISTRY AND TO PROCESS THE APPLICATION.
SUBSEQUENT TO THE GRANTING OF A GENERAL WAIVER, IF IT OCCURS THAT
NEITHER UNITED STATES FLAG VESSELS NOR RECIPIENT COUNTRY FLAG VESSELS
ARE AVAILABLE, CONSIDERATION WILL BE GIVEN TO SPECIFIC WAIVER
APPLICATIONS TO AUTHORIZE, ON A SHIPMENT-BY-SHIPMENT BASIS, THE USE OF
THIRD FLAG VESSELS. APPLICATIONS FOR THE USE OF A THIRD FLAG VESSEL
UNDER AN APPROVED GENERAL WAIVER SHOULD BE SUBMITTED AT LEAST 21 DAYS
PRIOR TO THE INTENDED SHIPPING DATE TO ALLOW TIME TO PROCESS THE
APPLICATION. IF A WAIVER IS GRANTED TO ALLOW THE USE OF A THIRD FLAG
VESSEL FOR A PARTICULAR SHIPMENT UNDER AN EXISTING GENERAL WAIVER, THE
CARGO CARRIED BY THE THIRD FLAG VESSEL SHALL BE RECORDED AGAINST THE
RECIPIENT COUNTRY FLAG VESSELS' PORTION OF THE CARGO AVAILABLE UNDER THE
GENERAL WAIVER.
THE APPLICATION FOR A GENERAL WAIVER AND SUBSEQUENT WAIVERS FOR THE
USE OF THIRD FLAG VESSELS SHOULD BE SUBMITTED BY THE RECIPIENT COUNTRY
DIRECTING THE SHIPMENT (OR HIS FREIGHT FORWARDER) TO THE DIRECTOR,
DEFENSE SECURITY ASSISTANCE AGENCY, ROOM 4E837, DEPARTMENT OF DEFENSE,
WASHINGTON, D.C. 20301, WITH A COPY TO THE DIRECTOR, OFFICE OF MARKET
DEVELOPMENT, MARITIME ADMINISTRATION, U.S. DEPARTMENT OF COMMERCE,
WASHINGTON, D.C. 20230.
B. NON-AVAILABILITY WAIVERS
CONSIDERATION WILL BE GIVEN TO WAIVER APPLICATIONS TO AUTHORIZE USE
OF FOREIGN FLAG VESSELS IN THOSE CASES OF NON-AVAILABILITY OF UNITED
STATES FLAG VESSELS OR IN INSTANCES OF NON-AVAILABILITY OF UNITED STATES
FLAG VESSELS AT REASONABLE RATES.
APPLICATIONS FOR NON-AVAILABILITY WAIVERS TO PERMIT USE OF RECIPIENT
COUNTRY FLAG VESSELS NEED NOT BE SUBMITTED IF A GENERAL WAIVER HAS BEEN
APPROVED AND THE RECIPIENT COUNTRY WILL USE U.S. FLAG VESSELS TO CARRY
OVER 50 PERCENT OF THE CARGO UNDER THIS AGREEMENT. APPLICATIONS ARE
REQUIRED WHERE A GENERAL WAIVER (1) HAS NOT BEEN APPLIED FOR, (2) HAS
NOT BEEN APPROVED, OR (3) HAS BEEN APPROVED BUT, ON A
SHIPMENT-BY-SHIPMENT BASIS, U.S. FLAG VESSELS ARE NOT AVAILABLE OR NOT
AVAILABLE AT REASONABLE RATES AND SHIPMENTS ON NON-U.S. FLAG VESSELS
WILL EXCEED 50 PERCENT OF THE CARGO UNDER THIS AGREEMENT. IF A GENERAL
WAIVER HAS BEEN APPROVED, EVERY EFFORT SHOULD BE MADE TO SHIP DEFENSE
ARTICLES AND EQUIPMENT, WHERE U.S. FLAG VESSELS ARE NOT AVAILABLE OR NOT
AVAILABLE AT REASONABLE RATES, UNDER THE RECIPIENT COUNTRY'S PORTION OF
THE CARGO AVAILABLE UNDER
THE GENERAL WAIVER. THEREFORE, APPLICATION FOR NON-AVAILABILITY
WAIVERS, WHERE A GENERAL WAIVER HAS BEEN APPROVED, SHOULD BE SUBMITTED
ONLY UNDER UNUSUAL CIRCUMSTANCES.
APPLICATIONS ON THE BASIS OF NON-AVAILABILITY OF VESSELS OF UNITED
STATES REGISTRY MUST ESTABLISH AND DOCUMENT THAT THE RECIPIENT COUNTRY
HAS MADE A REASONABLE, TIMELY AND BONA FIDE EFFORT TO ARRANGE SHIPMENT
ON VESSELS OF UNITED STATES REGISTRY AND THAT SUCH VESSELS ARE NOT
AVAILABLE. SUCH APPLICATIONS MUST BE SUBMITTED AT LEAST 21 DAYS IN
ADVANCE OF THE INTENDED SHIPPING DATE TO ENABLE VERIFICATION OF
NON-AVAILABILITY OF VESSELS OF UNITED STATES REGISTRY AND TO PROCESS THE
APPLICATION.
APPLICATIONS ON THE BASIS OF NON-AVAILABILITY OF VESSELS OF UNITED
STATES REGISTRY AT REASONABLE RATES MUST ESTABLISH AND DOCUMENT ALL
APPLICABLE COMPARATIVE RATES AND SHOULD BE SUBMITTED AT LEAST 21 DAYS IN
ADVANCE OF THE INTENDED SHIPPING DATE TO ENABLE VERIFICATION OF
NON-AVAILABILITY OF VESSELS OF UNITED STATES REGISTRY AT REASONABLE
RATES AND TO PROCESS THE APPLICATION.
APPLICATIONS FOR NON-AVAILABILITY WAIVERS MUST BE SUBMITTED ON A
SHIPMENT-BY-SHIPMENT BASIS. APPLICATIONS SHOULD BE SUBMITTED TO THE
DIRECTOR, DEFENSE SECURITY ASSISTANCE AGENCY, ROOM 4E837, DEPARTMENT OF
DEFENSE, WASHINGTON, D.C. 20301 WITH A COPY TO THE DIRECTOR, OFFICE OF
MARKET DEVELOPMENT, MARITIME ADMINISTRATION, U.S. DEPARTMENT OF
COMMERCE, WASHINGTON, D.C. 20230.
EACH APPLICATION FOR A NON-AVAILABILITY WAIVER SHOULD CONTAIN THE
FOLLOWING INFORMATION:
1. IDENTIFICATION AND ADDRESS OF THE APPLICANT
2. RECIPIENT COUNTRY
3. DATE AND SOURCE OF LOAN (FFB, ETC.)
4. MANUFACTURER AND/OR EXPORTER
5. LIST AND DESCRIPTION OF COMMODITIES TO BE SHIPPED
6. FAS VALUE OF COMMODITIES
7. SHIPPING DATE
8. LOADING PORT
9. DISCHARGE PORT
10. ESTIMATED OCEAN FREIGHT COST
11. PROPOSED VESSEL(S) TO BE USED
12. WEIGHT OF SHIPMENT
13. CUBE MEASUREMENT OF SHIPMENT
14. ORIGINAL POINT OF PRODUCTION
C. SECURITY WAIVERS
CONSIDERATION WILL BE GIVEN TO WAIVER APPLICATIONS TO AUTHORIZE
VESSELS FLYING THE FLAG OF THE COUNTRY TO WHOM THE AGREEMENT APPLIES ON
THE BASIS OF REASONABLE SECURITY NEEDS IN REGARDS TO THE CARGO AND THE
ARRIVAL OF SUCH CARGO AT ITS DESTINATION. A SECURITY WAIVER MAY BE
REQUESTED FOR A SPECIFIC SHIPMENT OR SERIES OF SHIPMENTS UNDER THIS
AGREEMENT WHERE SABOTAGE MAY REASONABLY BE EXPECTED OR A STATE OF
EMERGENCY EXISTS.
APPLICATION FOR SECURITY WAIVERS NEED NOT BE SUBMITTED IF A GENERAL
WAIVER HAS BEEN APPROVED AND THE RECIPIENT COUNTRY WILL USE U.S. FLAG
VESSELS TO CARRY OVER 50 PERCENT OF THE CARGO UNDER THIS AGREEMENT.
APPLICATIONS ARE REQUIRED WHERE A GENERAL WAIVER (1) HAS NOT BEEN
APPLIED FOR, (2) HAS NOT BEEN APPROVED, OR (3) HAS BEEN APPROVED BUT, ON
A SHIPMENT-BY-SHIPMENT BASIS, USE OF RECIPIENT COUNTRY FLAG VESSELS WILL
EXCEED 50 PERCENT OF THE CARGO UNDER THIS AGREEMENT. IF A GENERAL
WAIVER HAS BEEN APPROVED, EVERY EFFORT SHOULD BE MADE TO SHIP THOSE
DEFENSE ARTICLES AND EQUIPMENT INVOLVING SPECIAL SECURITY OR SAFETY
REQUIREMENTS UNDER THE RECIPIENT COUNTRY'S PORTION OF THE CARGO
AVAILABLE UNDER THE GENERAL WAIVER. THEREFORE, WAIVER APPLICATIONS FOR
SECURITY OR SAFETY REASONS WHERE A GENERAL WAIVER HAS BEEN APPROVED
SHOULD BE SUBMITTED ONLY UNDER UNUSUAL CIRCUMSTANCES.
APPLICATIONS ON THE BASIS OF SECURITY MUST PROVIDE THE SPECIFIC
SECURITY OR SAFETY REQUIREMENTS AND INFORMATION INVOLVED IN THE
SHIPMENT(S) TO BE MADE AT LEAST 21 DAYS IN ADVANCE OF THE INTENDED
SHIPMENT(S) DATES TO ENABLE VERIFICATION OF THE SECURITY OR SAFETY
REQUIREMENTS AND TO PROCESS THE APPLICATION.
THE APPLICATION SHOULD BE PROVIDED BY THE RECIPIENT COUNTRY TO THE
DIRECTOR, DEFENSE SECURITY ASSISTANCE AGENCY, ROOM 4E837, DEPARTMENT OF
DEFENSE, WASHINGTON, D.C. 20301, WITH A COPY TO THE DIRECTOR, OFFICE OF
MARKET DEVELOPMENT, MARITIME ADMINISTRATION, U.S. DEPARTMENT OF
COMMERCE, WASHINGTON, D.C. 20230.
2. IN ORDER TO MONITOR THE USE OF MARINE TRANSPORTATION UNDER THIS
AGREEMENT, PERTINENT INFORMATION SHOULD BE FORWARDED AS EARLY AS
POSSIBLE BUT NOT LATER THAN 90 DAYS AFTER SHIPMENT TO THE DIRECTOR.
OFFICE OF MARKET DEVELOPMENT, MARITIME ADMINISTRATION, U.S. DEPARTMENT
OF COMMERCE, WASHINGTON, D.C. 20230, FOR ALL SHIPMENTS OF GOODS FINANCED
IN WHOLE OR IN PART WITH CREDIT AND/OR GUARANTEED LOAN FUNDS. THE
FOLLOWING INFORMATION MUST BE REPORTED:
(A) DATE AND SOURCE OF LOAN (FFB, ETC.)
(B) FAS VALUE OF CARGO
(C) MANUFACTURER
(D) FREIGHT FORWARDER
(E) OCEAN FREIGHT COST
(F) NAME OF VESSEL
(G) VESSEL FLAG OF REGISTRY
(H) DATE OF LOADING
(I) PORT OF LOADING
(J) PORT OF FINAL DISCHARGE
(K) CARGO DESCRIPTION
(L) GROSS WEIGHT OF CARGO
(M) CUBIC MEASUREMENT OF CARGO
WHERE OBTAINABLE, A PROPERLY RATED AND LEGIBLE COPY OF THE OCEAN BILL
OF LADING IN ENGLISH WILL SUFFICE SO LONG AS ALL THE ABOVE INFORMATION
IS CONTAINED THEREON.
UNITED KINGDOM 10 SEP 1976 FLITE DOCUMENT NO. 7950056
AGREEMENT EXECUTED 23 APRIL AND 10 SEPTEMBER 1976.
AGREEMENT TO REPRODUCE UNCLASSIFIED CHARTS IN MODIFIED FACSIMILE.
SUPERSEDES AGREEMENT OF 2 NOVEMBER 1961.
1. THIS AGREEMENT SUPERSEDES THAT OF 2 NOVEMBER 1961.
2. IT IS HEREBY AGREED, BILATERALLY, THAT EFFECTIVE WITH THE SIGNING
OF THIS DOCUMENT, THE DEFENSE MAPPING AGENCY HYDROGRAPHIC CENTER OF THE
UNITED STATES AND THE HYDROGRAPHIC DEPARTMENT OF THE UNITED KINGDOM ARE
AUTHORIZED TO REPRODUCE EACH OTHER'S CHARTS IN ACCORDANCE WITH THE
FOLLOWING TERMS AND THE SPECIFICATIONS IN ANNEX 1 TO THE AGREEMENT.
A. BOTH COUNTRIES HAVE THE RIGHT TO REPRODUCE BY MODIFIED FACSIMILE,
FOR SALE IN THE UNITED STATES IN THE CASE THE UNITED STATES AND FOR
GENERAL SALE BY THE UNITED KINGDOM, CHARTS FOR EACH OTHER'S NATIONAL
WATERS.
B. BOTH COUNTRIES HAVE THE RIGHT TO REPRODUCE BY MODIFIED FACSIMILE,
FOR SALE IN THE UNITED STATES IN THE CASE OF THE UNITED STATES AND FOR
GENERAL SALE BY THE UNITED KINGDOM, CHARTS OF OTHER WATERS PROVIDED THAT
THEY ARE NOT COMPILED FROM THE PUBLICATIONS OF OTHER INTERNATIONAL
HYDROGRAPHIC ORGANIZATION MEMBERS OR REPRODUCED IN MODIFIED FACSIMILE
UNDER OTHER BILATERAL AGREEMENTS. AREAS COVERED UNDER THIS PARAGRAPH
ARE INDICATED IN ANNEX 2.
C. BOTH COUNTRIES HAVE THE RIGHT TO REPRODUCE BY MODIFIED FACSIMILE,
FOR OFFICIAL USE, ANY CHARTS PRODUCED BY THE OTHER.
3. UNDER THE TERMS OF THIS AGREEMENT AND BY PRIOR ARRANGEMENT
BETWEEN THE DIRECTOR OF THE DEFENSE MAPPING AGENCY AND THE DIRECTOR OF
THE NATIONAL OCEAN SURVEY, CHARTS OF THE LATTER ORGANIZATION ARE ALSO
INCLUDED FOR REPRODUCTION BY THE HYDROGRAPHIC DEPARTMENT.
4. THIS AGREEMENT IS IN ACCORDANCE WITH RESOLUTION A. 21 III OF THE
INTERNATIONAL HYDROGRAPHIC ORGANIZATION REPERTORY OF TECHNICAL
RESOLUTIONS.
D. W. HASLAM
REAR ADMIRAL
HYDROGRAPHER OF THE NAVY
UNITED KINGDOM
DATE: 10TH SEPTEMBER 1976
THIS AGREEMENT IS FOR THE OFFICIAL USE OF THE GOVERNMENTS OF THE
UNITED KINGDOM AND UNITED STATES ONLY.
A. INTRODUCTION
THE FOLLOWING PARAGRAPHS STATE THE MODIFIED TREATMENT TO BE GIVEN
REPRODUCTION OF HYDROGRAPHIC DEPARTMENT CHARTS. CORRESPONDING TREATMENT
WILL BE GIVEN TO REPRODUCTIONS OF DEFENSE MAPPING AGENCY HYDROGRAPHIC
CENTER (DMAHC) AND NATIONAL OCEAN SURVEY CHARTS.
B. REPLACEMENT DATA
1. AS REQUIRED, MODIFY HYDROGRAPHIC DEPARTMENT DATA TO CONFORM WITH
DMAHC STANDARDS, COMMENSURATE WITH SCALE AND LEGIBILITY REQUIREMENTS, AS
FOLLOWS:
A. ASSIGN AND SHOW CHART NUMBER AND EXHIBIT DMAHC SEAL.
B. SHOW NAVIGATIONAL AIDS IN ACCORDANCE WITH CHART NO. 1, NAUTICAL
CHART SYMBOLS AND ABBREVIATIONS.
C. SYMBOLIZE ADDITIONAL LANDMARKS LIKE CHURCHES, SCHOOLS, CONSPICUOUS
BUILDINGS, TANKS, TOWERS, CHIMNEYS, ETC., IN ACCORDANCE WITH CHART NO.
1. IF A SYMBOL IS REASONABLY SIMILAR, DO NOT CHANGE.
D. EXHIBIT CHART REFERENCES AND CONTINUATION NOTES.
E. USE STANDARD COMPASS ROSES.
F. CARRY STANDARD DMAHC TITLES AND BORDER INFORMATION.
C. ADDITIONAL MARGINAL DATA TO BE SHOWN
NOTE AT BOTTOM MARGIN OF CHART: "BASED UPON BRITISH ADMIRALTY CHART
NO. . . . , (EDITION) (OR LARGE CORRECTION) DATE . . . , BY PERMISSION."
NOT FOR SALE OR REPRODUCTION OUTSIDE U.S.A.
D. DATA TO BE SHOWN ON MAGENTA PLATE
COMPASS ROSES, LIGHT DOTS, RADIO BEACONS, RADAR STATIONS, RADAR
REFLECTORS, CAUTION NOTES, CHART REFERENCES, PROHIBITED AREAS, ETC., AS
INDICATED IN IHO TECHNICAL RESOLUTIONS.
E. BLACK-LINE REPRODUCIBLES
FOR DMAHC REPRODUCTION OF U.K. CHARTS, BLACK-LINE DURABLE PAPER
COPIES OF THE BLACK AND MAGENTA BASES WILL BE PROVIDED, AT THE REQUEST
OF DMAHC, BY THE U.K. HYDROGRAPHIC DEPARTMENT FOR THE PURPOSE OF THE
INITIAL ADOPTION OF THE CHART AND AUTOMATICALLY EACH TIME A NEW EDITION
OF THE ADOPTED CHART IS ISSUED.
F. CHART CATALOG
THE RESTRICTIONS ON REPRODUCED U.K. CHARTS FOR LIMITED SALE BY THE
DMA HYDROGRAPHIC CENTER WILL BE APPROPRIATELY INDICATED IN THE DMAHC
CHART CATALOGS, AS WELL AS ON THE CHARTS.
1. PARAGRAPH 2B DESIGNATES CHARTS OF AREAS FOR WHICH THE UK AND US
ARE PRIMARY CHARTING AUTHORITIES (LISTS A AND B BELOW RESPECTIVELY),
TOGETHER WITH SOME IN AREAS WHERE THE PRIMARY AUTHORITIES ARE NOT IHO
MEMBERS (LIST C BELOW).
2. SOME AREAS IN LISTS A AND B ARE NATIONAL WATERS OF IHO MEMBERS.
HOWEVER, IN SUCH CASES EITHER THE NATIONAL HYDROGRAPHIC OFFICE DOES NOT
PUBLISH ITS OWN CHARTS, OR THE PRIMARY CHARTS OF A SUBSTANTIAL PART OF
THE NATIONAL WATERS ARE STILL PUBLISHED BY UK OR US. THE STATUS OF US
AND UK AS PRIMARY AUTHORITIES WILL CHANGE AS NATIONAL CHART SERIES ARE
DEVELOPED. CONSEQUENTLY LISTS A AND B WILL REQUIRE PREIODIC REVISION
AND REQUESTS FOR REPRODUCTION MATERIALS MADE UNDER THIS AGREEMENT WILL
NEED TO BE CONSIDERED ACCORDINGLY.
3. SIMILARLY, CHANGES IN IHO MEMBERSHIP MAY AFFECT THE CONTENTS OF
LIST C.
LIST A UK PRIMARY CHARTING AREAS
(A) REPUBLIC OF IRELAND
(B) GIBRALTAR, MALTA, LIBYA, EGYPT, ISRAEL, CYPRUS, LEBANON AND SYRIA
(C) GAMBIA, SIERRA LEONE, GHANA, KENYA AND TANZANIA
(D) RED SEA, SE COAST OF ARABIA, GULF OF OMAN AND PARTS OF THE
PERSIANGULF
(E) SOME PARTS OF INDIA, NOT YET TAKEN OVER BY THE INDIAN HO,
BANGLADESH AND CEYLON
(F) BRITISH INDIAN OCEAN TERRITORY, SEYCHELLES, MALDIVES, AMIRANTE
ISLANDS, AND MAURITIUS
(G) BURMA
(H) HONG KONG
(I) SOUTH CHINA SEA
(J) BRITISH OR FORMER BRITISH ISLAND GROUPS IN THE SW PACIFIC OCEAN
(K) BERMUDA, BAHAMAS, VIRGIN ISLANDS (UK), PARTS OF THE LEEWARD AND
WINDWARD ISLANDS, JAMAICA, BELIZE AND GUYANA.
(L) FALKLAND ISLANDS, SOUTH GEORGIA, SOUTH SANDWICH ISLANDS AND
BRITISH ANTARCTIC
LIST B US PRIMARY CHARTING AREAS
(A) U.S. TRUST TERRITORIES IN THE PACIFIC
(B) U.S. PACIFIC ISLANDS
(C) COASTAL AREAS OF KOREA /1/
(D) COASTAL AREAS OF PHILLIPINES /1/
(E) CARIBBEAN AREAS:
CUBA
COASTAL WATERS OF DOMINICAN REPUBLIC
YUCATAN CHANNEL
WINDWARD PASSAGE
NICARAGUAN RISE AREA
MONA PASSAGE
ANEGADA PASSAGE
PASSAGE BETWEEN GRENADA ISLAND AND VENEZUELA/TRINIDAD AND TOBAGO
U.S. VIRGIN ISLANDS AND PUERTO RICO
(F) COSTA RICA
(G) HONDURAS
(H) EL SALVADOR
(I) NICARAGUA
(J) PANAMA
(K) VENEZUELA
(L) COLOMBIA
(M) ECUADOR
(N) ANTARCTIC REGIONS COVERED BY U.S. CHARTS
(O) PARTS OF THE PERSIAN GULF
(P) VIETNAM
(Q) COASTAL AREAS OF THAILAND /1/
LIST C OTHER AREAS
(A) USSR (RUSSIAN CHARTS ARE NOT FREELY AVAILABLE)
(B) CHINA (CHARTS ARE NOT AVAILABLE FROM CHINA)
(C) ALBANIA, BULGARIA AND RUMANIA
(D) GERMAN DEMOCRATIC REPUBLIC
/1/ EXCLUDES PORT AND HARBOR CHARTS, WHICH ARE PRODUCED BY THE
COUNTRIES CONCERNED.
UNITED KINGDOM 14 JUL 1976 FLITE DOCUMENT NO. 7950055
LETTER OF UNDERSTANDING EXECUTED 14 JULY 1976.
LETTER OF UNDERSTANDING CONCERNING TESTS OF TANK MAIN ARMAMENT
SYSTEMS. TERMINATES 30 JUNE 1978.
PURPOSE.
1. IN ORDER TO ADVANCE THE GOALS OF TANK SYSTEMS OPTIMIZATION AND OF
STANDARDIZATION OF WEAPONS SYSTEMS TO ACHIEVE INTEROPERABLE AMMUNITION
BETWEEN THE MINISTRY OF DEFENCE OF THE UNITED KINGDOM OF GREAT BRITAIN
AND NORTHERN IRELAND (HEREINAFTER REFERRED TO AS THE UK MOD) AND THE
UNITED STATES DEPARTMENT OF THE ARMY (HEREINAFTER REFERRED TO AS USDA)
AND TO PROMOTE SUCH OPTIMIZATION AND STANDARDIZATION WITHIN NATO, THE UK
MOD AND THE USDA HAVE ARRIVED AT AN UNDERSTANDING CONCERNING USDA TESTS
OF TANK MAIN ARMAMENT SYSTEMS TO BE PROVIDED BY THE UK MOD AND USDA AS
SPECIFIED IN THIS LETTER OF UNDERSTANDING AND TO ESTABLISH THE BASIS FOR
EXCHANGE OF TECHNICAL PERSONNEL TO FURTHER A COLABORATION PROGRAM
BETWEEN THEM ON 105MM AND 120MM TANK WEAPON SYSTEMS.
2. THE NATO PARTNERS ARE CONFRONTED WITH A STRONG THREAT BY THE
WARSAW PACT (WP) COUNTRIES. IN THE CASE OF A CONVENTIONAL ATTACK, THE
WP WILL MAINLY RELY UPON ITS NUMERICALLY FAR SUPERIOR AND TECHNICALLY
WELL EQUIPPED TANK FORCES. EVEN IN ITS PRESENT T62, THE WP DISPOSES OF
A MAIN ARMAMENT CAPABLE OF DESTROYING ANY PRESENT NATO TANK GIVEN A HIT.
THE THREAT HAS BEEN CONSIDERABLY INCREASED BY THE FIELDING OF THE T72
TANK. THE WP CAN BE EXPECTED TO MAKE FURTHER EFFORTS TO INCREASE
PROTECTION, MOBILITY, AND FIREPOWER OF ITS TANKS. IT MUST BE A
CONTINUING AIM OF THE FRG, UK, AND US WITHIN NATO TO DEVELOP TANKS WHOSE
MAIN ARMAMENT MUST BE CAPABLE OF OUTRANGING AND KILLING ALL ENEMY MAIN
BATTLE TANKS.
3. FOR THE NEAR TERM THE 105MM SYSTEM IS FAVORED BECAUSE OF VEHICLE
INTERFACE, LOGISTICAL, AND STANDARDIZATION FACTORS AND ITS DEMONSTRATED
ABILITY TO DEFEAT WP TANKS THROUGH T62. FOR THE LONGER-RANGE TIME
PERIOD, THE ABILITY OF THE 105MM SYSTEM IS LESS CLEAR, AND THEREFORE A
FOLLOW-ON SYSTEM MUST BE DEVELOPED ON A NOMINAL CALIBER OF 120MM.
CONDITIONS.
4. IN OR ABOUT DECEMBER 1976, THE UK MOD WILL PROVIDE TO USDA, FREE
OF ALL CHARGES EXCLUDING SHIPPING, TWO (2) STANDARD CHIEFTAIN L11 SERIES
120MM CANNON WITH NECESSARY MOUNTING HARDWARE, TO BE MUTUALLY
DETERMINED, FIFTY (50) DEVELOPMENT ARMOR-PIERCING FIN-STABILIZED
DISCARDING SABOT (APFSDS) 120MM SHOT, FIFTY (50) STANDARD HIGH EXPLOSIVE
SQUASH HEAD (HESH) 120MM SHOT, FIFTY (50) DISCARDING SABOT TRAINING
ROUNDS AND SUFFICIENT CARTRIDGES AND SPARE PARTS TO ASSURE COMPLETION OF
TRIALS AND TESTS.
5. SUBJECT TO USDA WISHES AND IF THE TRIALS AND TESTS ARE TO BE
CONDUCTED IN THE UNITED STATES, THE UK MOD FURTHER OFFERS TO PROVIDE,
FREE OF CHARGE TO EXCLUDE SHIPPING, ONE (1) PRODUCT IMPROVED 120MM M7
HIGH PRESSURE CANNON, AND FIFTY (50) ROUNDS EACH OF APFSDS, HESH AND
IMPROVED SPUN APDS 120MM SHOT. SUFFICIENT CARTRIDGES AND SPARE PARTS TO
ASSURE COMPLETION OF THE TESTS WILL ALSO BE PROVIDED. THIS MATERIAL
WILL BE MADE AVAILABLE IN OR ABOUT DECEMBER 1977. SHOULD THE USDA ELECT
TO CONDUCT TRIALS AND TESTS OF THE PRODUCT IMPROVED 120MM M7 CANNON IN
THE UNITED KINGDOM, THE CANNON SHOT AND CARTRIDGES AND OTHER SPECIFIED
HARDWARE WILL BE MADE AVAILABLE TO THE USDA IN THE UNITED KINGDOM IN OR
ABOUT OCTOBER 1977. SHOULD THE USDA WISH TO ACCEPT THIS OFFER, THE USDA
MUST NOTIFY THE UK MOD, THROUGH OFFICIAL CHANNELS NOT LATER THAN 31
MARCH 1977. TERMS AND CONDITIONS OF SUCH TESTS WILL BE DETERMINED AT
THAT TIME.
5A. NOTWITHSTANDING THE CONDITIONS OF PARAS 4 & 5, USDA AGREES TO
CONSIDER SOME PAYMENT TOWARDS AMMUNITION COSTS.
6. THE USDA AGREES TO CONDUCT TRIALS AND EVALUATION OF ALL UK MOD
FURNISHED EQUIPMENT, SHOT AND CARTRIDGES AND HARDWARE IN DIRECT
COMPARISON WITH THE US M68 105MM TANK WEAPON SYSTEM AT NO EXPENSE TO THE
UK MOD EXCEPT AS SPECIFIED ABOVE. THE USDA AGREES TO CONSULT AND
MUTUALLY AGREE WITH THE UK MOD DURING FORMULATION OF THE TEST PLAN, TO
MAKE PROVISION FOR ATTENDANCE OF A SUPPORT TEAM WITH UK MOD OBSERVERS
DURING ALL TRIALS AND TESTS (THE NUMBER OF SUCH OBSERVERS TO BE AS
AGREED TO BY THE UK MOD AND THE USDA), AND TO PROVIDE THE UK MOD WITH
TEN COPIES OF ALL TEST AND EVALUATION REPORTS ORIGINATING FROM THESE
TRIALS. IN THIS REGARD, THE UK MOD AGREES TO PAY ALL COSTS INCURRED IN
SENDING A SUPPORT TEAM AND OBSERVERS TO THE USDA TRIALS. FURTHER, USDA
AND UK MOD AGREE TO FURNISH EACH OTHER WITH FULLY IDENTIFIABLE SPECIFIED
TARGET PLATE FOR THREE-WAY CORRELATION OF FIRING RESULTS.
7. THE UK MOD AGREES THAT THE USDA MAY INVITE OBSERVER PARTICIPATION
OF THE FEDERAL REPUBLIC OF GERMANY (FRG) AND FRANCE. PROVISION TO THIRD
COUNTRIES OF COPIES OF TEST AND EVALUATION REPORTS OF NATIONAL SYSTEM
FIRINGS ORIGINATING FROM THESE TESTS IS THE RESPONSIBILITY OF THAT
NATION CONCERNED. UK MOD AND USDA AGREE THAT FRG OBSERVATION OF THE
FIRING TRIALS TO BE CONDUCTED UNDER THIS AGREEMENT IS ESSENTIAL.
8. THE UK MOD AND THE USDA AGREE TO ADDRESS THE USER ASPECTS OF
SEPARATE LOADING AND FIXED 120MM AMMUNITION AND FORWARD VERSUS REARWARD
GUN TUBE EXTRACTION AND TO MUTUALLY ASSESS THE ARMOR PROTECTION OF THE
SOVIET T-72 TANK.
FINANCIAL CONSIDERATIONS.
9. EXCEPT AS ELSEWHERE PROVIDED FOR HEREIN, THE UK MOD AND THE USDA
EACH WILL BEAR THE COST OF ITS PARTICIPATION IN THIS PROGRAM.
10. IN THE EVENT THE USDA REQUIRES UK MOD CONTRACTOR SUPPORT IN THE
CONDUCT OF THE TRIALS AND TESTS CONTEMPLATED BY THIS LETTER OF
UNDERSTANDING, THE UK MOD AGREES TO USE ITS BEST EFFORT TO OBTAIN SUCH
SUPPORT FOR THE USDA AT FAIR AND REASONABLE COSTS.
SECURITY AND PROTECTION OF INFORMATION.
11. LIABILITY WILL BE GOVERNED BY ARTICLE VIII OF THE NATO STATUS OF
FORCES AGREEMENT (SOFA) AND ANY CLAIMS ARISING FROM CARRYING OUT WORK
UNDER THIS LETTER OF UNDERSTANDING WILL BE DEALT WITH IN ACCORDANCE WITH
THE PROVISIONS OF THAT ARTICLE. CONTRACTOR AND OTHER CIVILIAN PERSONNEL
ASSOCIATED WITH THIS PROGRAM WILL BE CONSIDERED AS CIVILIAN COMPONENTS
(ARTICLE I) FOR THE PURPOSES OF LIABILITY UNDER THIS LETTER OF
UNDERSTANDING.
12. ALL EXCHANGES OF INFORMATION AND EQUIPMENT BETWEEN THE UK MOD
AND THE USDA MADE UNDER THIS LETTER OF UNDERSTANDING WILL BE SUBJECT TO
THE FOLLOWING:
A. US/UK GENERAL SECURITY AGREEMENT OF APRIL 1961.
B. US/UK AGREEMENT TO FACILITATE THE INTERCHANGE OF PATENTS AND
TECHNICAL INFIRMATION FOR DEFENCE PURPOSES, JANUARY 1953.
C. NATO AGREEMENT ON COMMUNICATION OF TECHNICAL INFORMATION FOR
DEFENCE PURPOSES, OCTOBER 1970.
D. US/UK MOU RELATING TO THE PRINCIPLES GOVERNING COOPERATION IN
RESEARCH, DEVELOPMENT, PRODUCTION AND PROCUREMENT OF DEFENSE EQUIPMENT,
SEPTEMBER 1975.
ORGANIZATION.
13. THE UK MOD AND THE USDA WILL EACH DESIGNATE A POINT OF CONTACT
(POC) WITHIN 30 DAYS OF SIGNATURE TO COORDINATE ALL MATTERS RELATING TO
THIS LETTER OF UNDERSTANDING.
14. THE POC'S WILL AGREE TO ALL DETAILS PERTAINING TO THE
CONTEMPLATED TRIALS AND TESTS AND ANY NECESSARY STUDIES. IN THE EVENT
THE POC'S CANNOT REACH FULL AGREEMENT, THE SPECIFIC POINT OF
DISAGREEMENT WILL BE REFERRED TO THE SIGNATORIES HERETO FOR RESOLUTION.
DURATION AND TERMINATION.
15. THIS LETTER OF UNDERSTANDING WILL EXPIRE ON 30 JUNE 1978 UNLESS
SOONER TERMINATED BY MUTUAL AGREEMENT. SHOULD EITHER SIGNATORY
UNILATERALLY WISH TO TERMINATE THE TRIALS AND TESTS AFTER INITIATION, IT
WILL SERVE NOTICE OF SUCH INTENT THIRTY (30) DAYS PRIOR TO THE ACTUAL
TERMINATION.
14 JUL 1976
14 JUL 1976
UNITED KINGDOM 6 AUG 1976 FLITE DOCUMENT NO. 7950054
INFORMATION EXCHANGE PROJECT EXECUTED 10 JUNE AND 6 AUGUST 1976.
INFORMATION EXCHANGE PROJECT IN THE AREA OF AUTOMATED STRUCTURAL
OPTIMISATION AND DESIGN.
1. PROJECT NO: IEP-1976-UK-AF-11
2. TITLE: OPTIMISATION OF AIRCRAFT STRUCTURES
3. SCOPE:
THIS ARRANGEMENT BETWEEN THE UNITED STATES AIR FORCE-- AIR FORCE
FLIGHT DYNAMICS LABORATORY (AFFDL) AND THE UK MINISTRY OF DEFENSE--
ROYAL ESTABLISHMENT (RAE) COVERS THE EXCHANGE OF TECHNICAL INFORMATION
IN THE AREA OF AUTOMATED STRUCTURAL OPTIMISATION AND DESIGN.
4. TERMS:
THE EXCHANGE OF INFORMATION WILL INCLUDE COMPUTER PROGRAMS,
OPERATIONAL EXPERIENCE AND THEORETICAL DEVELOPMENTS AS FOLLOWS:
A. THE INPUT FROM AFFDL WILL INCLUDE THE COMPUTER PROGRAM "OPTIM"
WHICH IS BASED UPON THE EXPLOITATION OF OPTIMALITY CRITERION CONCEPTS.
B. THE INPUT FROM RAE WILL INCLUDE THREE PROGRAMS BASED RESPECTIVELY
UPON GEOMETRIC PROGRAMMING, LINEAR PROGRAMMING AND STIFFNESS CRITERIA.
C. IMPROVEMENTS AND EXTENSIONS TO THESE PROGRAMS GENERATED BY EITHER
SIDE WILL BE MADE AVAILABLE TO THE OTHER.
D. INFORMATION GAINED IN OPERATIONAL EXPERIENCE WITH THESE AND OTHER
COMPUTER PROGRAMS WILL ALSO BE EXCHANGED; TOGETHER WITH THE RESULTS OF
THEORETICAL STUDIES AIMED AT IMPROVING THE PERFORMANCE OF EXISTING
PROGRAMS OR DEVELOPING NEW METHODS.
5. INFORMATION EXCHANGE:
THE GENERAL CONDITIONS OF RELEASE SHALL BE IN ACCORDANCE WITH THE
PROVISIONS OF ANNEX A WHICH CONSTITUTES AN INTEGRAL PART OF THIS
PROJECT. SUBJECT TO THE LIMITATIONS AND RESTRICTIONS SPECIFIED IN ANNEX
A AND INSOFAR AS IT MAY BE PRACTICAL AND CONVENIENT EACH COUNTRY WILL
MAKE AVAILABLE TO THE OTHER TECHNICAL INFORMATION, DATA, PLANS,
SPECIFICATIONS, ANALYTICAL METHODS AND COMPUTER PROGRAMS PERTAINING TO
THE PROJECT. THE HIGHEST CLASSIFICATION OF DATA AUTHORIZED FOR EXCHANGE
IS UNCLASSIFIED.
6. ESTABLISHMENTS AND PROJECT OFFICERS:
A. FOR THE UNITED STATES
DR L. BURKE
STRUCTURES DIVISION
AIR FORCE FLIGHT DYNAMICS LABORATORY
WRIGHT-PATTERSON AFB
DAYTON, OHIO 45433
B. FOR THE UNITED KINGDOM
DR A. J. MORRIS
STRUCTURES DEPARTMENT
ROYAL AIRCRAFT ESTABLISHMENT
FARNBOROUGH, HANTS
7. DURATION, TERMINATION AND EXTENSION:
THIS PROJECT WILL BE VALID FOR TWO YEARS UNLESS TERMINATED EARLIER IN
ACCORDANCE WITH THE FOLLOWING PROCEDURES: THE GOVERNMENTS MAY JOINTLY
TERMINATE THEIR PARTICIPATION IN THE INFORMATION EXCHANGE AT ANY TIME BY
MEANS OF AN EXCHANGE OF LETTERS ACKNOWLEDGING THE TERMINATION OF SUCH
PARTICIPATION. EITHER GOVERNMENT MAY UNILATERALLY TERMINATE THE
INFORMATION EXCHANGE PROJECT THIRTY DAYS AFTER IT PROVIDES THE OTHER
GOVERNMENT WITH WRITTEN NOTICE OF ITS INTENT TO TERMINATE. THIS PROJECT
MAY BE EXTENDED BY AN EXCHANGE OF LETTERS BETWEEN THE GOVERNMENTS
CERTIFYING THE MUTUAL DESIRE TO SO EXTEND THE PROJECT.
8. EFFECTIVE DATE:
THIS PROJECT WILL BE EFFECTIVE FROM THE LATER DATE OF SIGNATURE.
DATE: 6 AUG. 1976
. . .
FOR THE MINISTRY OF
DEFENSE
DATE: 10 JUN 1976
. . .
FOR THE DEPARTMENT OF
THE AIR FORCE
KENDALL RUSSELL, MAJOR GENERAL, USAF
ASS'T DCS/RESEARCH & DEVELOPMENT
1. GENERAL CONDITIONS FOR RELEASE:
A. THE GOVERNMENTS UNDERSTAND THAT ALL INFORMATION, CLASSIFIED AND
UNCLASSIFIED, EXCHANGED UNDER THE CONDITIONS OF THIS PROJECT IS ACCEPTED
SUBJECT TO THE FOLLOWING CONDITIONS, AND THAT THESE CONDITIONS WILL BE
PERMANENTLY AFFIXED THERETO IN A CONSPICUOUS PLACE OR MANNER.
(1) THE INFORMATION IS FOR USE FOR DEFENSE PURPOSES ONLY.
(2) THE INFORMATION WILL BE AFFORDED SUBSTANTIALLY THE SAME DEGREE OF
SECURITY PROTECTION GIVEN TO IT BY THE SENDING GOVERNMENT. THE
PROVISIONS IN THE SECURITY AGREEMENT BETWEEN THE US AND UK WILL APPLY.
(3) THE INFORMATION OR KNOWLEDGE OF ITS POSSESSION WILL NOT BE
REVEALED TO NONPARTICIPATING NATIONS EXCEPT WITH THE PRIOR APPROVAL OF
THE SENDING GOVERNMENT.
(4) INFORMATION OF A PRIVATELY DEVELOPED NATURE WILL NOT BE USED OR
DISCLOSED IN ANY MANNER THAT WILL PREJUDICE THE RIGHTS OF THE OWNER
INCLUDING THE RIGHT TO OBTAIN PATENT OR OTHER LIKE PROTECTION THEREOF.
(5) INFORMATION THAT IS SUBJECT TO LIMITED RIGHTS OF USE OR
DISCLOSURE WILL NOT BE RELEASED TO NONGOVERNMENT PARTIES WITHOUT THE
PRIOR WRITTEN CONSENT OF THE SENDING GOVERNMENT.
B. A GOVERNMENT ORIGINATING INFORMATION MAY RELEASE IT WITHOUT
CONDITION IF IT SO DESIRES AND IS PERMITTED BY ITS OWN LAWS AND
REGULATIONS. INFORMATION SO RELEASED WITHOUT CONDITIONS WILL CARRY NO
REFERENCE TO THIS PROJECT.
C. THE SENDING GOVERNMENT WILL IDENTIFY ANY INFORMATION EXCHANGED
UNDER THE CONDITIONS OF THIS PROJECT THAT IS SUBJECT TO LIMITED RIGHTS
OF USE OR DISCLOSURE.
2. TRANSMISSION OF INFORMATION:
A. TRANSMISSION OF INFORMATION WILL BE IN ACCORDANCE WITH PARAGRAPHS
2D AND 2E OF THIS ANNEX, EXCEPT THAT:
(1) ORAL AND VISUAL EXCHANGE OF TECHNICAL INFORMATION AT MEETINGS AND
CONFERENCES IS PERMISSIBLE BETWEEN PERSONNEL AUTHORIZED TO MAKE SUCH
EXCHANGES BY THE RESPECTIVE PROJECT OFFICERS. SUCH EXCHANGES WILL BE
NOTED AND REGARDED AS SUBJECT TO THE GENERAL CONDITIONS OF PARAGRAPH 1
OF THIS ANNEX.
(2) CLASSIFIED PATENT APPLICATIONS AND CORRESPONDENCE RELATING
THERETO SHALL CONTINUE TO BE DEALT WITH ACCORDING TO PROCEDURES ALREADY
ESTABLISHED BETWEEN THE RESPECTIVE GOVERNMENTS.
B. FOR ALL CLASSIFIED INFORMATION RELEASED, A RECEIPT IDENTIFYING
THAT INFORMATION IN DETAIL MUST BE OBTAINED AND MAINTAINED BY THE
PROJECT OFFICER OF THE SENDING GOVERNMENT.
C. REGARDLESS OF SECURITY CLASSIFICATION, ALL RELEASES OF DOCUMENTARY
INFORMATION MUST BE RECORDED BY THE PROJECT OFFICER OF THE SENDING
PARTY. IN THE CASE OF UNCLASSIFIED DOCUMENTS, IT WILL BE THE
RESPONSIBILITY OF THE RELEASING OFFICE TO NOTIFY THE PROJECT OFFICER FOR
THE PURPOSE OF RECORDING.
D. THE TRANSMISSION OF UNITED STATES' DOCUMENTS AND CORRESPONDENCE
PERTAINING TO THIS PROJECT WILL BE IN ACCORDANCE WITH THE FOLLOWING
PROCEDURES:
(1) CLASSIFIED DOCUMENTS WILL BE RELEASED ONLY BY THE US PROJECT
OFFICER. SUCH DOCUMENTS WILL BE FORWARDED TO THE US PROJECT OFFICER TO
THE UK PROJECT OFFICER VIA THE BRITISH DEFENSE RESEARCH AND DEVELOPMENT
STAFF, WASHINGTON.
(2) UNCLASSIFIED CORRESPONDENCE AND DOCUMENTATION MAY BE FORWARDED BY
ANY US PARTICIPANTS, LISTED IN PARAGRAPH 6 OF THE BASIC IEP, DIRECTLY TO
THE UK ADDRESSEE PROVIDED THE US PROJECT OFFICER IS NOTIFIED.
E. THE TRANSMISSION OF UNITED KINGDOM DOCUMENTS AND CORRESPONDENCE
PERTAINING TO THIS PROJECT WILL BE IN ACCORDANCE WITH THE FOLLOWING
PROCEDURES:
(1) CLASSIFIED DOCUMENTS WILL BE FORWARDED TO THE UK PROJECT OFFICER
AND TRANSMITTED TO THE US PROJECT OFFICER VIA THE BRITISH DEFENCE
RESEARCH AND DEVELOPMENT STAFF, WASHINGTON.
(2) UNCLASSIFIED CORRESPONDENCE AND DOCUMENTATION MAY BE FORWARDED BY
ANY UK PARTICIPANT LISTED IN PARAGRAPH 6 OF THE BASIC IEP, DIRECTLY TO
THE US ADDRESSEE PROVIDED THE UK PROJECT OFFICE IS NOTIFIED.
3. FINANCIAL RESPONSIBILITIES:
EACH GOVERNMENT WILL PROVIDE, SUBJECT TO MUTUAL CONSENT FOR
REIMBURSEMENT OF EXPENSES CONSISTING OF ASSEMBLING, REPRODUCING, AND
SHIPPING INCURRED BY ANOTHER AND ITS CONTRACTORS IN SUPPLYING ALL
INFORMATION, DATA, DRAWINGS, PLANS, SPECIFICATIONS AND MATERIAL SAMPLES
PERTAINING TO THE PROJECT.
4. USE OF FOREIGN CONTROLLED FACILITIES:
NO FACILITY SHALL BE EMPLOYED IN THE PROGRAMS OF THE PARTICIPATING
GOVERNMENTS OR UTILIZED FOR RESEARCH AND DEVELOPMENT UNDER THE PROJECT,
IN WHICH USE IS MADE OF INFORMATION FURNISHED BY ONE OF THE
PARTICIPATING GOVERNMENTS IF THE FINANCIAL, ADMINISTRATIVE, POLICY OR
MANAGEMENT CONTROL OF SUCH FACILITY IS DIRECTED BY CITIZENS OF ANY
COUNTRY OTHER THAN THE UNITED STATES OR THE UNITED KINGDOM, WITHOUT THE
PRIOR APPROVAL OF THE GOVERNMENT FURNISHING THE INFORMATION.
5. RELEASE OF PRIVATELY OWNED INFORMATION FOR INFORMATION ONLY:
A. TECHNICAL INFORMATION WHICH IS KNOWN OR BELIEVED TO BE PRIVATELY
OWNED OR DEVELOPED MAY BE RELEASED "FOR INFORMATION ONLY" IF ANY ONE OF
THE FOLLOWING CONDITIONS IS MET:
(1) THE OWNER EXPRESSLY CONSENTS TO THE PROPOSED RELEASE.
(2) THE RELEASING OR SENDING PARTY, BY CONTRACT OR OTHERWISE, HAS
ACQUIRED THE INFORMATION UNDER CIRCUMSTANCES WHICH PERMIT THE PROPOSED
ACQUIRED THE INFORMATION UNDER CIRCUMSTANCES WHICH PERMIT THE PROPOSED
RELEASE.
(3) APPROPRIATE OFFICIALS OF THE RELEASING OR SENDING PARTY DETERMINE
THAT UNDER THEIR LAWS, REGULATIONS AND POLICIES THEY MAY PERMIT RELEASE
OF THE INFORMATION WITHOUT CONSENT OF THE OWNER.
B. WHEN TECHNICAL INFORMATION WHICH IS KNOWN OR BELIEVED TO BE
PRIVATELY OWNED IS RELEASED FOR INFORMATION ONLY UNDER THIS PARAGRAPH,
IT WILL BE SUBJECT TO THE RECEIVING GOVERNMENT ACCEPTING THE GENERAL
CONDITIONS AND THE FOLLOWING ADDITIONAL CONDITIONS, A COPY OF WHICH
SHALL BE PERMANENTLY AFFIXED THERETO IN A CONSPICUOUS PLACE OR MANNER:
(1) THIS INFORMATION IS ACCEPTED UPON THE UNDERSTANDING THAT IT MIGHT
BE PRIVATELY OWNED OR DEVELOPED.
(2) THIS INFORMATION IS ACCEPTED SOLELY FOR THE PURPOSE OF
INFORMATION AND WILL ACCORDINGLY BE TREATED AS DISCLOSED IN CONFIDENCE.
THE RECEIVING GOVERNMENT WILL USE ITS BEST ENDEAVORS TO INSURE THAT THE
INFORMATION IS NOT DEALT WITH IN ANY MANNER LIKELY TO PREJUDICE THE
RIGHTS OF THE PRIVATE OWNER THEREOF, INCLUDING THE RIGHT TO OBTAIN
PATENT OR OTHER LIKE STATUTORY PROTECTION THEREFOR.
(3) IF SUBJECT TO PARAGRAPH 1A(5) THE INFORMATION IS SUBMITTED TO
NONGOVERNMENT RECIPIENTS, SUCH RECIPIENTS SHALL RECEIVE THE INFORMATION
ON THE SAME CONDITIONS AS THE RECEIVING GOVERNMENT. THE RECEIVING
GOVERNMENT WILL OBTAIN THE PRIOR CONSENT OF THE SENDING GOVERNMENT TO
THE RELEASE OF SUCH INFORMATION TO NON-GOVERNMENT ORGANIZATION.
(4) THE RECEIVING PARTY WILL OBTAIN THE CONSENT OF THE SENDING PARTY
IF IT DESIRES THAT THIS INFORMATION BE MADE AVAILABLE FOR MANUFACTURE,
OR USE, FOR DEFENSE PURPOSES.
6. RELEASE FOR MANUFACTURE AND USE FOR DEFENSE PURPOSES:
A. WHENEVER A REQUEST FOR RELEASE OF TECHNICAL INFORMATION FOR
"MANUFACTURE OR USE FOR DEFENSE PURPOSES" IS SUBMITTED TO THE SENDING
GOVERNMENT, THE GOVERNMENT RECEIVING THE REQUEST WILL DETERMINE WHETHER
THE INFORMATION IS PRIVATELY OWNED OR DEVELOPED AND WHERE IT IS SO
FOUND, WILL SEEK THE CONSENT OF THE OWNER FOR THE RELEASE.
B. IF THE TECHNICAL INFORMATION REQUESTED IS PRIVATELY OWNED OR
DEVELOPED AND THE GOVERNMENT RECEIVING THE REQUEST IS UNABLE TO OBTAIN
PERMISSION FOR RELEASE OF THE INFORMATION FOR "MANUFACTURE AND USE FOR
DEFENSE PURPOSES," THE GOVERNMENT RECEIVING THE REQUEST WILL PERMIT THE
REQUESTING GOVERNMENT OR ITS CONTRACTOR, TO NEGOTIATE DIRECTLY WITH THE
OWNER AND WILL, WHERE POSSIBLE, ASSIST IN SUCH NEGOTIATIONS. WHERE THE
OWNER WILL NEITHER CONSENT NOR NEGOTIATE IN RESPECT TO THE INFORMATION,
THE SENDING GOVERNMENT WILL TAKE STEPS IN ACCORDANCE WITH ITS LAWS TO
ATTEMPT TO OBTAIN THE USE OF THE INFORMATION.
C. WHERE ANY TECHNICAL INFORMATION IS RELEASED IN ACCORDANCE WITH
THIS PARAGRAPH 6, SUCH RELEASE SHALL BE SUBJECT TO THE GENERAL
CONDITIONS OF RELEASE CONTAINED IN PARAGRAPH 1 OF THIS ANNEX.
D. WHEN A SENDING GOVERNMENT INCURS A LIABILITY UNDER ITS LAWS AS A
RESULT OF A RELEASE OR UNAUTHORIZED USE OF TECHNICAL INFORMATION BY THE
RECEIVING GOVERNMENT OR ITS AGENTS, THE RECEIVING GOVERNMENT WILL WITHIN
THE LIMITS PERMITTED BY ITS LAWS OR EXISTING AGREEMENTS, AND SUBJECT TO
AVAILABILITY OF FUNDS, REIMBURSE THE SENDING PARTY. THE FOREGOING SHALL
NOT PREVENT THE SENDING PARTY FROM ENTERING INTO A SETTLEMENT WITH THE
OWNER OF THE PRIVATELY DEVELOPED INFORMATION OR PATENTS BUT NO LIABILITY
SHALL BE INCURRED BY RECEIVING PARTY UNLESS IT PARTICIPATES IN OR
CONSENTS TO THE SETTLEMENT.
7. PATENT APPLICATIONS TO BE PLACED IN SECRECY:
A. EACH GOVERNMENT WHEN SO REQUESTED BY THE OTHER WILL, TO THE EXTENT
CONSISTENT WITH ITS LAWS AND RULES RESPECTING PATENTS, PLACE IN SECRECY
AN APPLICATION FOR PATENT FILED IN ITS JURISDICTION RELATING TO
CLASSIFIED INFORMATION RELEASED TO IT UNDER THIS PROJECT FOR SO LONG AS
IT IS DESIRED BY THE SENDING GOVERNMENT.
B. EACH GOVERNMENT WILL, WHERE CONSISTENT WITH ITS LAWS AND PATENT
RULES, USE ITS BEST ENDEAVORS TO SUPPLY REPORTS TO THE OTHER PARTY, IF
IT IS KNOWN OR BELIEVED THAT THE INVENTION DISCLOSED IN A PATENT
APPLICATION RELATING TO CLASSIFIED SUBJECT MATTER HAS BEEN EMBODIED IN
ANY DEVICE OR PRACTICED IN ANY PROCESS.
8. LICENSING ARRANGEMENTS:
A. SUBJECT TO OTHER PROVISIONS OF THIS PROJECT, THE PARTICIPATING
GOVERNMENTS AGREE TO GRANT ONE ANOTHER A ROYALTY FREE NONEXCLUSIVE
LICENSE UNDER ANY INVENTION RELEVANT TO THIS PROJECT WHICH IS GOVERNMENT
OWNED OR UNDER WHICH THE GOVERNMENT MAY GRANT A LICENSE WITHOUT PAYMENT
TO OTHERS AND UNDER ANY PATENTS WHICH MAY ISSUE ON SUCH INVENTIONS.
SAID LICENSE WILL BE LIMITED TO PRODUCTION AND USE FOR NATIONAL DEFENSE
PURPOSES. DISPOSAL OF ANY EQUIPMENT INCORPORATING SUCH INVENTIONS WILL
ONLY BE MADE TO OTHERS WITH THE CONSENT OF THE LICENSOR.
B. EACH GOVERNMENT WILL MAKE AVAILABLE TO THE OTHER, GOVERNMENT OWNED
PATENT APPLICATIONS RELATING TO INVENTIONS IN THE FIELD OF THIS
INTERCHANGE AND, IF SPECIFICALLY REQUESTED, MAY AUTHORIZE THE REQUESTING
GOVERNMENT TO FILE PATENT APPLICATIONS IN THE REQUESTING GOVERNMENT'S
COUNTRY ON SUCH INVENTIONS AND AT THE REQUESTING GOVERNMENT'S EXPENSE.
UNITED KINGDOM 27 MAY 1976 FLITE DOCUMENT NO. 7950053
LEASE EXECUTED 27 MAY 1976.
LEASE OF AN/ALE-37 SYSTEMS.
THIS LEASE, MADE AS OF THE 27TH DAY OF MAY, 1976, BETWEEN THE UNITED
STATES OF AMERICA (HEREINAFTER CALLED THE "LESSOR GOVERNMENT")
REPRESENTED BY ITS DEPARTMENT OF THE NAVY AND THE UNITED KINGDOM
(HEREINAFTER CALLED THE "LESSEE GOVERNMENT").
WITNESSETH:
WHEREAS, THE SECRETARY OF THE NAVY OF THE LESSOR GOVERNMENT
(HEREINAFTER CALLED THE "SECRETARY") HAS DETERMINED THAT THE TWO ALE-37
SYSTEMS WITH ALM-164 TEST AND ANCILLARIES (HEREINAFTER CALLED THE
DEFENSE ARTICLES) IS NOT EXCESS TO THE NEEDS OF THE DEPARTMENT OF THE
NAVY OF THE LESSOR GOVERNMENT WITHIN THE MEANING OF SECTION 472 OF TITLE
40 OF THE UNITED STATES CODE, BUT IS NOT FOR THE TIME BEING REQUIRED FOR
PUBLIC USE, AND
WHEREAS, THE SECRETARY HAS DETERMINED THAT IT WILL BE IN THE PUBLIC
INTEREST TO LEASE THE DEFENSE ARTICLES WITHOUT COST TO THE LESSEE
GOVERNMENT UPON THE TERMS AND CONDITIONS HEREINAFTER SET FORTH, AND
WHEREAS, THIS LEASE IS MADE UNDER THE AUTHORITY OF SECTION 2667 OF
TITLE 10 OF THE UNITED STATES CODE (70A STAT. 150).
NOW, THEREFORE, THE PARTIES DO MUTUALLY AGREE AS FOLLOWS:
1. IN CONSIDERATION OF THE MAINTENANCE AND OTHER OBLIGATIONS ASSUMED
BY THE LESSEE GOVERNMENT THE LESSOR GOVERNMENT HEREBY LEASES TO THE
LESSEE GOVERNMENT AND THE LESSEE GOVERNMENT HEREBY LEASES FROM THE
LESSOR GOVERNMENT THE DEFENSE ARTICLES FOR A TERM OF SIX (6) MONTHS FROM
THE DATE OF DELIVERY THEREOF TO THE LESSEE GOVERNMENT AND UNDER THE
TERMS AND CONDITIONS SET FORTH IN THE PROVISIONS HERETO ANNEXED.
IN WITNESS WHEREOF, EACH OF THE PARTIES HERETO HAS EXECUTED THIS
LEASE AS OF THE DAY AND YEAR FIRST ABOVE WRITTEN.
UNITED KINGDOM
BY . . .
JACK S. SHAYLER
MINISTER (DEFENSE RESEARCH AND
DEVELOPMENT)
EMBASSY OF GREAT BRITAIN
1. OPERATION AND USE. EXCEPT AS MAY BE OTHERWISE AUTHORIZED BY THE
LESSOR GOVERNMENT AND EXCEPT DURING TRANSFER FROM THE UNITED STATES AND
RETURN TO THE PLACE OF REDELIVERY, THE LESSEE GOVERNMENT SHALL KEEP THE
DEFENSE ARTICLES IN ITS OWN POSSESSION, CUSTODY AND CONTROL.
2. INITIAL CONDITION. THE DEFENSE ARTICLES ARE LEASED TO THE LESSEE
GOVERNMENT ON AN "AS IS, WHERE IS" BASIS WITHOUT WARRANTY OR
REPRESENTATION CONCERNING THE CONDITION OR STATE OF REPAIR OF THE
DEFENSE ARTICLES OR ANY PART THEREOF AND WITHOUT ANY AGREEMENT BY THE
LESSOR GOVERNMENT TO ALTER, IMPROVE, ADAPT OR REPAIR THE DEFENSE
ARTICLES OR ANY PART THEREOF.
3. CONDITIONING AND TRANSFER COSTS. THE LESSEE GOVERNMENT SHALL
BEAR THE COST OF RENDERING THE DEFENSE ARTICLES OPERABLE AND
TRANSFERABLE, AND OF TRANSFERRING THE DEFENSE ARTICLES FROM THE UNITED
STATES BACK TO THE PLACE OF DELIVERY, EXCEPT THAT IF THIS LEASE IS
TERMINATED BEFORE EXPIRATION BY THE LESSOR GOVERNMENT OR BY MUTUAL
AGREEMENT AT THE REQUEST OF THE LESSOR GOVERNMENT, THE LESSEE GOVERNMENT
SHALL NOT BE REQUIRED TO PAY THE COST OF REDELIVERY.
4. INSPECTION AND INVENTORY. IMMEDIATELY PRIOR TO THE DELIVERY OF
THE DEFENSE ARTICLES TO THE LESSEE GOVERNMENT, AN INSPECTION OF THE
PHYSICAL CONDITION OF THE DEFENSE ARTICLES AND AN INVENTORY OF ALL
RELATED ITEMS SHALL BE MADE BY REPRESENTATIVES OF THE LESSOR GOVERNMENT
AND THE LESSEE GOVERNMENT. A JOINT REPORT OF THEIR FINDINGS SHALL BE
MADE WHICH SHALL BE CONCLUSIVE EVIDENCE AS TO THE PHYSICAL CONDITION OF
SAID DEFENSE ARTICLES AND AS TO SUCH ITEMS AS OF THE TIME OF DELIVERY.
A SIMILAR INSPECTION, INVENTORY AND JOINT REPORT SHALL BE MADE BY THE
PARTIES UPON THE TERMINATION OR EXPIRATION OF THIS LEASE. THE FINDINGS
OF THAT REPORT SHALL BE CONCLUSIVE EVIDENCE AS TO THE PHYSICAL CONDITION
OF THE DEFENSE ARTICLES AND AS TO SUCH ITEMS AS OF THE DATE OF
TERMINATION OR EXPIRATION OF THIS LEASE. THE LESSEE GOVERNMENT SHALL
PROMPTLY REPLACE ANY DEFICIENCY IN SUCH ITEMS SHOWN BY THE TERMINAL
INVENTORY AND MAY REMOVE ANY EXCESS THEREOF BUT IN THE ABSENCE OF
REMOVAL, TITLE TO ANY SUCH EXCESS SHALL VEST IN THE LESSOR GOVERNMENT.
5. MAINTENANCE. THE LESSEE GOVERNMENT SHALL MAINTAIN THE DEFENSE
ARTICLES IN GOOD ORDER, REPAIR AND OPERABLE CONDITION AND EXCEPT AS
PROVIDED IN PARAGRAPH 6, SHALL UPON EXPIRATION OR TERMINATION OF THIS
LEASE RETURN THE DEFENSE ARTICLES IN OPERABLE CONDITION AND IN AS GOOD
CONDITION AS WHEN RECEIVED, NORMAL WEAR AND TEAR EXCEPTED.
6. RISK OF LOSS. ALL RISK OF LOSS OF OR DAMAGE TO THE DEFENSE
ARTICLES DURING THE TERM OF THIS LEASE AND UNTIL ITS RETURN TO THE PLACE
OF DELIVERY, NOT ARISING OUT OF ENEMY ACTION, SHALL BE BORNE BY THE
LESSEE GOVERNMENT. IN THE EVENT OF SUCH LOSS OR DAMAGE, THE LESSEE
GOVERNMENT, AT THE OPTION OF THE LESSOR GOVERNMENT, SHALL EITHER
COMPENSATE THE LESSOR GOVERNMENT THEREFOR OR SHALL REBUILD, REPLACE OR
REPAIR SUCH LOSS OR DAMAGE.
7. INDEMNIFICATION. THE LESSEE GOVERNMENT RENOUNCES ALL CLAIMS
AGAINST THE LESSOR GOVERNMENT, ITS OFFICERS, AGENTS, AND EMPLOYEES
ARISING OUT OF OR INCIDENTAL TO TRANSFER, POSSESSION, USE OR OPERATION
OF THE DEFENSE ARTICLES AND WILL INDEMNIFY AND HOLD HARMLESS THE LESSOR
GOVERNMENT, ITS OFFICERS, AGENTS, AND EMPLOYEES FOR ANY SUCH CLAIMS OF
THEIR PARTIES.
8. ALTERATIONS. THE LESSEE GOVERNMENT SHALL NOT MAKE ANY
SUBSTANTIAL ALTERATIONS OR ADDITIONS TO THE DEFENSE ARTICLES WITHOUT
PRIOR CONSENT OF THE LESSOR GOVERNMENT. ALL SUCH ALTERATIONS OR
ADDITIONS SHALL BECOME THE PROPERTY OF THE LESSOR GOVERNMENT EXCEPT
ITEMS WHICH CAN BE READILY REMOVED WITHOUT INJURY TO THE DEFENSE
ARTICLES AND ARE REMOVED BY THE LESSEE GOVERNMENT PRIOR TO REDELIVERY OF
THE DEFENSE ARTICLES. AS A CONDITION OF ITS APPROVAL OF ANY ALTERATION
OR ADDITION, THE LESSOR GOVERNMENT MAY REQUIRE THE LESSEE GOVERNMENT TO
RESTORE THE DEFENSE ARTICLES TO THEIR PRIOR CONDITION.
9. TERMINATION. THIS LEASE MAY BE TERMINATED:
(A) BY MUTUAL AGREEMENT OF THE PARTIES;
(B) BY THE LESSEE GOVERNMENT ON 30 DAYS WRITTEN NOTICE;
(C) BY THE LESSOR GOVERNMENT (I) DURING ANY NATIONAL EMERGENCY
DECLARED BY ITS PRESIDENT OR CONGRESS, OR (II) UPON 30 DAYS WRITTEN
NOTICE TO THE LESSEE GOVERNMENT.
10. PLACE OF REDELIVERY. UPON EXPIRATION OR TERMINATION OF THIS
LEASE, THE DEFENSE ARTICLES SHALL BE RETURNED, AT THE LESSEE
GOVERNMENT'S EXPENSE, TO THE UNITED STATES NAVY AT A DELIVERY POINT
SPECIFIED BY THE NAVAL AIR SYSTEMS COMMAND.
11. TITLE. TITLE TO THE DEFENSE ARTICLES SHALL REMAIN IN THE LESSOR
GOVERNMENT. THE LESSEE GOVERNMENT MAY, HOWEVER, PLACE THE DEFENSE
ARTICLES UNDER ITS FLAG, WHEN APPROPRIATE.
12. REIMBURSEMENT FOR SERVICES. THE LESSEE GOVERNMENT WILL PAY THE
LESSOR GOVERNMENT FOR ANY SERVICES, SPARE PARTS OR MATERIALS FURNISHED
FOR THE DEFENSE ARTICLES BY THE LESSOR GOVERNMENT AT THE LESSEE
GOVERNMENT'S REQUEST IN SUCH AMOUNTS AND AT SUCH TIMES AS MAY BE
MUTUALLY AGREED UPON.
13. COVENANT AGAINST CONTINGENT FEES. THE LESSEE GOVERNMENT
WARRANTS THAT IT HAS NOT EMPLOYED ANY PERSON TO SOLICIT OR SECURE THIS
LEASE UPON ANY AGREEMENT FOR A COMMISSION, PERCENTAGE, BROKERAGE OR
CONTINGENT FEE.
14. OFFICIALS NOT TO BENEFIT. NO MEMBER OF OR DELEGATE TO CONGRESS
OF THE UNITED STATES, OR RESIDENT COMMISSIONER OF THE UNITED STATES,
SHALL BE ADMITTED TO ANY SHARE OR PART OF THIS LEASE OR TO ANY BENEFIT
THAT MAY ARISE THEREFROM.
15. INCONSISTENT TERMS. IN CASE OF ANY CONFLICT BETWEEN THESE
PROVISIONS AND ANY OTHER PROVISION OF THIS LEASE, SUCH OTHER PROVISIONS
SHALL CONTROL.
1. UNITED STATES NAVY PERSONNEL WILL BE PERMITTED TO OBSERVE THE
TESTS. DATES AND DETAILS WILL BE FURNISHED IN DUE COURSE BY THE LESSEE
GOVERNMENT.
2. THE LESSEE GOVERNMENT WILL PROVIDE A COPY OF THE "PLAN OF TEST"
AND THE "TEST REPORT" TO ABCA-4 PROJECT OFFICER AT HEADQUARTERS, NAVAL
ELECTRONIC SYSTEMS COMMAND, WASHINGTON, D.C.
3. THE LESSEE GOVERNMENT AGREES THAT IT SHALL NOT DISCLOSE, DISPOSE
OF, OR PERMIT USE OF ANY PLANS, SPECIFICATIONS, OR INFORMATION
PERTAINING TO THE DEFENSE ARTICLES LEASED, EXCEPT TO THE EXTENT
AUTHORIZED BY THE UNITED STATES NAVY.
4. THE DEFENSE ARTICLES ARE LEASED FOR DEFENSE INFORMATION AND TEST
AND EVALUATION PURPOSES ONLY.
5. THE LESSEE GOVERNMENT AGREES THAT IT SHALL REPLACE IN KIND THOSE
EXPENDABLES USED IN THE TEST WHICH HAVE BEEN SUPPLIED BY THE LESSOR
GOVERNMENT.
6. THE LESSEE GOVERNMENT INDEMNIFIES THE LESSOR GOVERNMENT IN
RESPECT OF ANY ENVIRONMENTAL CONSIDERATIONS OR CLAIMS ARISING FROM THE
USE OF DEFENSE ARTICLES AND EXPENDABLES ON LOAN UNDER THIS AGREEMENT.
UNITED KINGDOM 25 FEB 1976 FLITE DOCUMENT NO. 7950052
AGREEMENT EXECUTED 25 FEBRUARY 1976.
AGREEMENT REGARDING A LIMITED UNITED STATES NAVAL COMMUNICATIONS
FACILITY ON DIEGO GARCIA, BRITISH INDIAN OCEAN TERRITORY. REPLACES
AGREEMENT OF EXCHANGE OF NOTES OF 24 OCTOBER 1972. SUPPLEMENT TO
EXCHANGE OF NOTES AGREEMENT ("BIOT AGREEMENT") OF 30 DECEMBER 1966.
NOTE NO. DPP 063/530/2
SIR,
I HAVE THE HONOUR TO REFER TO THE AGREEMENT CONSTITUTED BY THE
EXCHANGE OF NOTES DATED 30 DECEMBER 1966 BETWEEN THE GOVERNMENT OF THE
UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND AND THE GOVERNMENT
OF THE UNITED STATES OF AMERICA CONCERNING THE AVAILABILITY OF THE
BRITISH INDIAN OCEAN TERRITORY FOR DEFENCE PURPOSES AND TO THE AGREEMENT
CONSTITUTED BY THE EXCHANGE OF NOTES DATED 24 OCTOBER 1972 BETWEEN THE
TWO GOVERNMENTS CONCERNING A LIMITED UNITED STATES NAVAL COMMUNICATIONS
FACILITY ON DIEGO GARCIA, BRITISH INDIAN OCEAN TERRITORY. PURSUANT TO
PARAGRAPH 2(B) OF THE FORMER AGREEMENT, I NOW CONVEY THE APPROVAL IN
PRINCIPLE OF THE GOVERNMENT OF THE UNITED KINGDOM TO THE DEVELOPMENT OF
THE PRESENT LIMITED NAVAL COMMUNICATIONS FACILITY ON DIEGO GARCIA INTO A
SUPPORT FACILITY OF THE UNITED STATES NAVY AND PROPOSE AN AGREEMENT IN
THE FOLLOWING TERMS:
(1) SCOPE OF THE FACILITY
(A) SUBJECT TO THE FOLLOWING PROVISIONS OF THIS AGREEMENT, THE
GOVERNMENT OF THE UNITED STATES SHALL HAVE THE RIGHT TO DEVELOP THE
PRESENT LIMITED NAVAL COMMUNICATIONS FACILITY ON DIEGO GARCIA AS A
SUPPORT FACILITY OF THE UNITED STATES NAVY AND TO MAINTAIN AND OPERATE
IT. THE FACILITY SHALL CONSIST OF AN ANCHORAGE, AIRFIELD, SUPPORT AND
SUPPLY ELEMENTS AND ANCILLARY SERVICES, PERSONNEL ACCOMODATION, AND
TRANSMITTING AND RECEIVING SERVICES. IMMOVABLE STRUCTURES,
INSTALLATIONS AND BUILDINGS FOR THE FACILITY MAY, AFTER CONSULTATION
WITH THE APPROPRIATE ADMINISTRATIVE AUTHORITIES OF THE UNITED KINGDOM,
BE CONSTRUCTED WITHIN THE SPECIFIC AREA SHOWN IN THE PLAN ATTACHED TO
THIS NOTE. THE SPECIFIC AREA MAY BE ALTERED FROM TIME TO TIME AS MAY BE
AGREED BY THE APPROPRIATE ADMINISTRATIVE AUTHORITIES OF THE TWO
GOVERNMENTS.
(B) DURING THE TERM OF THE AGREEMENT THE GOVERNMENT OF THE UNITED
STATES MAY CONDUCT ON DIEGO GARCIA SUCH FUNCTIONS AS ARE NECESSARY FOR
THE DEVELOPMENT, USE, MAINTENANCE, OPERATION AND SECURITY OF THE
FACILITY. IN THE EXERCISE OF THESE FUNCTIONS THE GOVERNMENT OF THE
UNITED STATES, MEMBERS OF THE UNITED STATES FORCES AND CONTRACTOR
PERSONNEL SHALL HAVE FREEDOM OF ACCESS TO THAT PART OF DIEGO GARCIA
OUTSIDE THE SPECIFIC AREA REFERRED TO IN SUB-PARAGRAPH (A), BUT THE
GOVERNMENT OF THE UNITED STATES MAY ERECT OR CONSTRUCT IMMOVABLE
STRUCTURES, INSTALLATIONS AND BUILDINGS OUTSIDE THE SPECIFIC AREA ONLY
WITH THE PRIOR AGREEMENT OF THE APPROPRIATE ADMINISTRATIVE AUTHORITIES
OF THE GOVERNMENT OF THE UNITED KINGDOM.
(C) DELIMITATION OF THE SPECIFIC AREA SHALL, SUBJECT TO THE
PROVISIONS OF THE BIOT AGREEMENT AND AFTER CONSULTATION WITH THE
APPROPRIATE UNITED STATES AUTHORITIES WITH A VIEW TO AVOIDING
INTERFERENCE WITH THE EXISTING USE OF THE FACILITY, IN NO WAY RESTRICT
THE GOVERNMENT OF THE UNITED KINGDOM FROM CONSTRUCTING AND OPERATING AT
THEIR OWN EXPENSE THEIR OWN DEFENSE FACILITIES WITHIN THAT AREA, OR FROM
USING THAT PART OF DIEGO GARCIA OUTSIDE THE SPECIFIC AREA.
(2) PURPOSE
THE FACILITY SHALL PROVIDE AN IMPROVED LINK IN UNITED STATES DEFENSE
COMMUNICATIONS, AND FURNISH SUPPORT FOR SHIPS AND AIRCRAFT OWNED OR
OPERATED BY OR ON BEHALF OF EITHER GOVERNMENT.
(3) CONSULTATION
BOTH GOVERNMENTS SHALL CONSULT PERIODICALLY ON JOINT OBJECTIVES,
POLICIES AND ACTIVITIES IN THE AREA. AS REGARDS THE USE OF THE FACILITY
IN NORMAL CIRCUMSTANCES, THE COMMANDING OFFICER AND THE OFFICER IN
CHARGE OF THE UNITED KINGDOM SERVICE ELEMENT SHALL INFORM EACH OTHER OF
INTENDED MOVEMENTS OF SHIPS AND AIRCRAFT. IN OTHER CIRCUMSTANCES THE
USE OF THE FACILITY SHALL BE A MATTER FOR THE JOINT DECISION OF THE TWO
GOVERNMENTS.
(4) ACCESS TO DIEGO GARCIA
(A) ACCESS TO DIEGO GARCIA SHALL IN GENERAL BE RESTRICTED TO MEMBERS
OF THE FORCES OF THE UNITED KINGDOM AND OF THE UNITED STATES, THE
COMMISSIONER AND PUBLIC OFFICERS IN THE SERVICE OF THE BRITISH INDIAN
OCEAN TERRITORY, REPRESENTATIVES OF THE GOVERNMENTS OF THE UNITED
KINGDOM AND OF THE UNITED STATES AND, SUBJECT TO NORMAL IMMIGRATION
REQUIREMENTS, CONTRACTOR PERSONNEL. THE GOVERNMENT OF THE UNITED
KINGDOM RESERVES THE RIGHT, AFTER CONSULTATION WITH THE APPROPRIATE
UNITED STATES ADMINISTRATIVE AUTHORITIES, TO GRANT ACCESS TO MEMBERS OF
SCIENTIFIC PARTIES WISHING TO CARRY OUT RESEARCH ON DIEGO GARCIA AND ITS
ENVIRONS, PROVIDED THAT SUCH RESEARCH DOES NOT UNREASONABLY INTERFERE
WITH THE ACTIVITIES OF THE FACILITY. THE COMMANDING OFFICER SHALL
AFFORD APPROPRIATE ASSISTANCE TO MEMBERS OF THESE PARTIES TO THE EXTENT
FEASIBLE AND ON A REIMBURSABLE BASIS. ACCESS SHALL NOT BE GRANTED TO
ANY OTHER PERSON WITHOUT PRIOR CONSULTATION BETWEEN THE APPROPRIATE
ADMINISTRATIVE AUTHORITIES OF THE TWO GOVERNMENTS.
(B) SHIPS AND AIRCRAFT OWNED OR OPERATED BY OR ON BEHALF OF EITHER
GOVERNMENT MAY FREELY USE THE ANCHORAGE AND AIRFIELD.
(C) PURSUANT TO THE PROVISIONS OF THE SECOND SENTENCE OF PARAGRAPH
(3) OF THE BIOT AGREEMENT, SHIPS AND AIRCRAFT OWNED OR OPERATED BY OR ON
BEHALF OF A THIRD GOVERNMENT, AND THE PERSONNEL OF SUCH SHIPS AND
AIRCRAFT, MAY USE ONLY SUCH OF THE SERVICES PROVIDED BY THE FACILITY,
AND ON SUCH TERMS, AS MAY BE AGREED IN ANY PARTICULAR CASE BY THE TWO
GOVERNMENTS.
(5) PROTECTION AND SECURITY
RESPONSIBILITY FOR PROTECTION AND SECURITY OF THE FACILITY SHALL BE
VESTED IN THE COMMANDING OFFICER, WHO SHALL MAINTAIN A CLOSE LIAISON
WITH THE COMMISSIONER. THE TWO GOVERNMENTS SHALL CONSULT IF THERE IS
ANY THREAT TO THE FACILITY.
(6) SHIPPING, NAVIGATION AND AVIATION FACILITIES
THE GOVERNMENT OF THE UNITED STATES SHALL HAVE THE RIGHT TO INSTALL,
OPERATE AND MAINTAIN ON DIEGO GARCIA SUCH NAVIGATIONAL AND
COMMUNICATIONS AIDS AS MAY BE NECESSARY FOR THE SAFE TRANSIT OF SHIPS
AND AIRCRAFT INTO AND OUT OF DIEGO GARCIA.
(7) RADIO FREQUENCIES AND TELECOMMUNICATIONS
(A) SUBJECT TO THE PRIOR CONCURRENCE OF THE GOVERNMENT OF THE UNITED
KINGDOM, THE GOVERNMENT OF THE UNITED STATES MAY USE ANY RADIO
FREQUENCIES, POWERS AND BANK WIDTHS FOR RADIO SERVICES (INCLUDING RADAR)
ON DIEGO GARCIA WHICH ARE NECESSARY FOR THE OPERATION OF THE FACILITY.
ALL RADIO COMMUNICATIONS SHALL COMPLY AT ALL TIMES WITH THE PROVISIONS
OF THE INTERNATIONAL TELECOMMUNICATIONS CONVENTION.
(B) THE GOVERNMENT OF THE UNITED STATES MAY ESTABLISH SUCH LAND LINES
ON DIEGO GARCIA AS MAY BE NECESSARY FOR THE FACILITY.
(8) CONSERVATION
AS FAR AS POSSIBLE THE ACTIVITIES OF THE FACILITY AND ITS PERSONNEL
SHALL NOT INTERFERE WITH THE FLORA AND FAUNA OF DIEGO GARCIA. WHEN
THEIR USE IS NO LONGER REQUIRED FOR THE PURPOSES OF THE FACILITY, THE
TWO GOVERNMENTS SHALL CONSULT ABOUT THE CONDITION OF THE THREE ISLETS AT
THE MOUTH OF THE LAGOON WITH A VIEW TO RESTORING THEM TO THEIR ORIGINAL
CONDITION. HOWEVER, NEITHER GOVERNMENT SHALL BE UNDER ANY OBLIGATION TO
PROVIDE FUNDS FOR SUCH RESTORATION.
(9) ANCHORAGE DUES AND AVIATION CHARGES
COLLECTION OF DUES AND CHARGES FOR USE OF THE ANCHORAGE AND AIRFIELD
AT DIEGO GARCIA WHICH MAY BE LEVIED BY THE COMMISSIONER SHALL BE HIS
RESPONSIBILITY. AIRCRAFT AND SHIPS OWNED OR OPERATED BY OR ON BEHALF OF
THE GOVERNMENT OF THE UNITED STATES SHALL BE PERMITTED TO USE THE
ANCHORAGE AND AIRFIELD WITHOUT THE PAYMENT OF ANY DUES OR CHARGES.
(10) METEOROLOGY
THE GOVERNMENT OF THE UNITED STATES SHALL OPERATE A METEOROLOGICAL
FACILITY ON DIEGO GARCIA AND SUPPLY SUCH AVAILABLE METEOROLOGICAL
INFORMATION AS MAY BE REQUIRED BY THE GOVERNMENT OF THE UNITED KINGDOM
AND THE GOVERNMENT OF MAURITIUS TO MEET THEIR NATIONAL AND INTERNATIONAL
OBLIGATIONS.
(11) UNITED KINGDOM SERVICE ELEMENT
THE UNITED KINGDOM SERVICE ELEMENT ON DIEGO GARCIA SHALL BE UNDER THE
COMMAND OF A ROYAL NAVY OFFICER WHO SHALL BE KNOWN AS THE
OFFICER-IN-CHARGE OF THE UNITED KINGDOM SERVICE ELEMENT.
(12) FINANCE
(A) THE GOVERNMENT OF THE UNITED STATES SHALL BEAR THE COST OF
DEVELOPING, OPERATING AND MAINTAINING THE FACILITY. HOWEVER, IN
RELATION TO UNITED KINGDOM PERSONNEL ATTACHED TO THE FACILITY THE
GOVERNMENT OF THE UNITED KINGDOM SHALL BE RESPONSIBLE FOR THEIR PAY,
ALLOWANCES AND ANY OTHER MONETARY GRATUITIES, FOR THE COST OF THEIR
MESSING, AND FOR SUPPLIES OR SERVICES WHICH ARE PECULIAR TO OR PROVIDED
FOR THE EXCLUSIVE USE OF THE UNITED KINGDOM SERVICES OR THEIR PERSONNEL
AND WHICH WOULD NOT NORMALLY BE PROVIDED BY THE GOVERNMENT OF THE UNITED
STATES FOR THE USE OF ITS OWN PERSONNEL.
(B) EXCEPT IN RELATION TO THE UNITED KINGDOM SERVICE PERSONNEL
ATTACHED TO THE FACILITY, LOGISTIC SUPPORT FURNISHED AT DIEGO GARCIA BY
EITHER GOVERNMENT, UPON REQUEST, TO THE OTHER GOVERNMENT SHALL BE ON A
REIMBURSABLE BASIS IN ACCORDANCE WITH THE LAWS, REGULATIONS AND
INSTRUCTIONS OF THE GOVERNMENT FURNISHING THE SUPPORT.
(13) FISHERIES, OIL AND MINERAL RESOURCES
THE GOVERNMENT OF THE UNITED KINGDOM WILL NOT PERMIT COMMERCIAL
FISHING IN THE LAGOON OR OIL OR MINERAL EXPLORATION OR EXPLOITATION ON
DIEGO GARCIA FOR THE DURATION OF THIS AGREEMENT. FURTHERMORE, THE
GOVERNMENT OF THE UNITED KINGDOM WILL NOT PERMIT COMMERCIAL FISHING OR
OIL OR MINERAL EXPLORATION OR EXPLOITATION IN OR UNDER THOSE AREAS OF
THE WATERS, CONTINENTAL SHELF AND SEA-BED AROUND DIEGO GARCIA OVER WHICH
THE UNITED KINGDOM HAS SOVEREIGNTY OR EXERCISES SOVEREIGN RIGHTS, UNLESS
IT IS AGREED THAT SUCH ACTIVITIES WOULD NOT HARM OR BE INIMICAL TO THE
DEFENSE USE OF THE ISLAND.
(14) HEALTH, QUARANTINE AND SANITATION
THE COMMANDING OFFICER AND THE COMMISSIONER SHALL COLLABORATE IN THE
ENFORCEMENT ON DIEGO GARCIA OF NECESSARY HEALTH, QUARANTINE AND
SANITATION PROVISIONS.
(15) NEWS BROADCAST STATION
THE GOVERNMENT OF THE UNITED STATES MAY ESTABLISH AND OPERATE A
CLOSED CIRCUIT TV AND A LOW POWER RADIO BROADCAST STATION TO BROADCAST
NEWS, ENTERTAINMENT AND EDUCATIONAL PROGRAMMES FOR PERSONNEL ON DIEGO
GARCIA.
(16) PROPERTY
(A) TITLE TO ANY REMOVABLE PROPERTY BROUGHT INTO DIEGO GARCIA BY OR
ON BEHALF OF THE GOVERNMENT OF THE UNITED STATES, OR BY A UNITED STATES
CONTRACTOR, SHALL REMAIN IN THE GOVERNMENT OF THE UNITED STATES OR THE
CONTRACTOR, AS THE CASE MAY BE. SUCH PROPERTY OF THE GOVERNMENT OF THE
UNITED STATES, INCLUDING OFFICIAL PAPERS, SHALL BE EXEMPT FROM
INSPECTION, SEARCH AND SEIZURE. SUCH PROPERTY OF EITHER THE GOVERNMENT
OF THE UNITED STATES OR OF A UNITED STATES CONTRACTOR MAY BE FREELY
REMOVED FROM DIEGO GARCIA, BUT SHALL NOT BE DISPOSED OF WITHIN THE
BRITISH INDIAN OCEAN TERRITORY OR SEYCHELLES UNLESS AN OFFER, CONSISTENT
WITH THE LAWS OF THE UNITED STATES THEN IN EFFECT, HAS BEEN MADE TO SELL
THE PROPERTY TO THE COMMISSIONER AND HE HAS NOT ACCEPTED SUCH OFFER
WITHIN A PERIOD OF 120 DAYS AFTER IT WAS MADE OR SUCH LONGER PERIOD AS
MAY BE REASONABLE IN THE CIRCUMSTANCES. ANY SUCH PROPERTY NOT REMOVED
OR DISPOSED OF WITHIN A REASONABLE TIME AFTER TERMINATION OF THIS
AGREEMENT SHALL BECOME THE PROPERTY OF THE COMMISSIONER.
(B) THE GOVERNMENT OF THE UNITED STATES SHALL NOT BE RESPONSIBLE FOR
RESTORING LAND OR OTHER IMMOVABLE PROPERTY TO ITS ORIGINAL CONDITION,
NOR FOR MAKING ANY PAYMENT IN LIEU OF RESTORATION.
(17) AVAILABILITY OF FUNDS
TO THE EXTENT THAT THE CARRYING OUT OF ANY ACTIVITY OR THE
IMPLEMENTATION OF ANY PART OF THIS AGREEMENT DEPENDS UPON FUNDS TO BE
APPROPRIATED BY THE CONGRESS OF THE UNITED STATES, IT SHALL BE SUBJECT
TO THE AVAILABILITY OF SUCH FUNDS.
(18) REPRESENTATIVE OF THE COMMISSIONER
THE COMMISSIONER SHALL DESIGNATE A PERSON AS HIS REPRESENTATIVE ON
DIEGO GARCIA.
(19) SUPPLEMENTARY ARRANGEMENTS
SUPPLEMENTARY ARRANGEMENTS BETWEEN THE APPROPRIATE ADMINISTRATIVE
AUTHORITIES OF THE TWO GOVERNMENTS MAY BE MADE FROM TIME TO TIME AS
REQUIRED FOR THE CARRYING OUT OF THE PURPOSES OF THIS AGREEMENT.
(20) DEFINITIONS AND INTERPRETATION
(A) FOR THE PURPOSES OF THIS AGREEMENT "BIOT AGREEMENT" MEANS THE
EXCHANGE OF NOTES DATED 30 DECEMBER 1966, BETWEEN THE GOVERNMENT OF THE
UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND AND THE GOVERNMENT
OF THE UNITED STATES OF AMERICA CONCERNING THE AVAILABILITY OF THE
BRITISH INDIAN OCEAN TERRITORY FOR DEFENSE PURPOSES;
"COMMANDING OFFICER" MEANS THE UNITED STATES NAVY OFFICER IN COMMAND
OF THE FACILITY;
"COMMISSIONER" MEANS THE OFFICER ADMINISTERING THE GOVERNMENT OF THE
BRITISH INDIAN OCEAN TERRITORY;
"DIEGO GARCIA" MEANS THE ATOLL OF DIEGO GARCIA, THE LAGOON AND THE
THREE ISLETS AT THE MOUTH OF THE LAGOON.
(B) QUESTIONS OF INTERPRETATION ARISING FROM THE APPLICATION OF THIS
AGREEMENT SHALL BE THE SUBJECT OF CONSULTATION BETWEEN THE TWO
GOVERNMENTS.
(C) THE PROVISIONS OF THIS AGREEMENT SHALL SUPPLEMENT THE BIOT
AGREEMENT AND SHALL BE CONSTRUED IN ACCORDANCE WITH THAT AGREEMENT. IN
THE EVENT OF ANY CONFLICT BETWEEN THE PROVISIONS OF THE BIOT AGREEMENT
AND THIS AGREEMENT THE PROVISIONS OF THE BIOT AGREEMENT SHALL PREVAIL.
(21) THE DIEGO GARCIA AGREEMENT 1972
THIS AGREEMENT SHALL REPLACE THE AGREEMENT CONSTITUTED BY THE
EXCHANGE OF NOTES DATED 24 OCTOBER 1972 BETWEEN THE GOVERNMENT OF THE
UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND AND THE GOVERNMENT
OF THE UNITED STATES OF AMERICA CONCERNING A LIMITED UNITED STATES NAVAL
COMMUNICATIONS FACILITY ON DIEGO GARCIA, BRITISH INDIAN OCEAN TERRITORY.
(22) DURATION AND TERMINATION
THIS AGREEMENT SHALL CONTINUE IN FORCE FOR AS LONG AS THE BIOT
AGREEMENT CONTINUES IN FORCE OR UNTIL SUCH TIME AS NO PART OF DIEGO
GARCIA IS ANY LONGER REQUIRED FOR THE PURPOSES OF THE FACILITY,
WHICHEVER OCCURS FIRST.
NO. 6
SIR,
I HAVE THE HONOR TO ACKNOWLEDGE RECEIPT OF YOUR NOTE NO.
DPP063/530/2 OF 25 FEBRUARY 1976, WHICH READS AS FOLLOWS:
"SIR,
I HAVE THE HONOUR TO REFER TO THE AGREEMENT CONSTITUTED BY THE
EXCHANGE OF NOTES DATED 30 DECEMBER 1966 BETWEEN THE GOVERNMENT OF THE
UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND AND THE GOVERNMENT
OF THE UNITED STATES OF AMERICA CONCERNING THE AVAILABILITY OF THE
BRITISH INDIAN OCEAN TERRITORY FOR DEFENSE PURPOSES AND TO THE AGREEMENT
CONSTITUTED BY THE EXCHANGE OF NOTES DATED 24 OCTOBER 1972 BETWEEN THE
TWO GOVERNMENTS CONCERNING A LIMITED UNITED STATES NAVAL COMMUNICATIONS
FACILITY ON DIEGO GARCIA, BRITISH INDIAN OCEAN TERRITORY. PURSUANT TO
PARAGRAPH 2(B) OF THE FORMER AGREEMENT, I NOW CONVEY THE APPROVAL IN
PRINCIPLE OF THE GOVERNMENT OF THE UNITED KINGDOM TO THE DEVELOPMENT OF
THE PRESENT LIMITED NAVAL COMMUNICATIONS FACILITY ON DIEGO GARCIA INTO A
SUPPORT FACILITY OF THE UNITED STATES NAVY AND PROPOSE AN AGREEMENT IN
THE FOLLOWING TERMS:
(1) SCOPE OF THE FACILITY
(A) SUBJECT TO THE FOLLOWING PROVISIONS OF THIS AGREEMENT, THE
GOVERNMENT OF THE UNITED STATES SHALL HAVE THE RIGHT TO DEVELOP THE
PRESENT LIMITED NAVAL COMMUNICATIONS FACILITY ON DIEGO GARCIA AS A
SUPPORT FACILITY OF THE UNITED STATES NAVY AND TO MAINTAIN AND OPERATE
IT. THE FACILITY SHALL CONSIST OF AN ANCHORAGE, AIRFIELD, SUPPORT AND
SUPPLY ELEMENTS AND ANCILLARY SERVICES, PERSONNEL ACCOMODATION, AND
TRANSMITTING AND RECEIVING SERVICES. IMMOVABLE STRUCTURES,
INSTALLATIONS AND BUILDINGS FOR THE FACILITY MAY, AFTER CONSULTATION
WITH THE APPROPRIATE ADMINISTRATIVE AUTHORITIES OF THE UNITED KINGDOM,
BE CONSTRUCTED WITHIN THE SPECIFIC AREA SHOWN IN THE PLAN ATTACHED TO
THIS NOTE. THE SPECIFIC AREA MAY BE ALTERED FROM TIME TO TIME AS MAY BE
AGREED BY THE APPROPRIATE ADMINISTRATIVE AUTHORITIES OF THE TWO
GOVERNMENTS.
(B) DURING THE TERM OF THE AGREEMENT THE GOVERNMENT OF THE UNITED
STATES MAY CONDUCT ON DIEGO GARCIA SUCH FUNCTIONS AS ARE NECESSARY FOR
THE DEVELOPMENT, USE, MAINTENANCE, OPERATION AND SECURITY OF THE
FACILITY. IN THE EXERCISE OF THESE FUNCTIONS THE GOVERNMENT OF THE
UNITED STATES, MEMBERS OF THE UNITED STATES FORCES AND CONTRACTOR
PERSONNEL SHALL HAVE FREEDOM OF ACCESS TO THAT PART OF DIEGO GARCIA
OUTSIDE THE SPECIFIC AREA REFERRED TO IN SUB-PARAGRAPH (A), BUT THE
GOVERNMENT OF THE UNITED STATES MAY ERECT OR CONSTRUCT IMMOVABLE
STRUCTURES, INSTALLATIONS AND BUILDINGS OUTSIDE THE SPECIFIC AREA ONLY
WITH THE PRIOR AGREEMENT OF THE APPROPRIATE ADMINISTRATIVE AUTHORITIES
OF THE GOVERNMENT OF THE UNITED KINGDOM.
(C) DELIMITATION OF THE SPECIFIC AREA SHALL, SUBJECT TO THE
PROVISIONS OF THE BIOT AGREEMENT AND AFTER CONSULTATION WITH THE
APPROPRIATE UNITED STATES AUTHORITIES WITH A VIEW TO AVOIDING
INTERFERENCE WITH THE EXISTING USE OF THE FACILITY, IN NO WAY RESTRICT
THE GOVERNMENT OF THE UNITED KINGDOM FROM CONSTRUCTING AND OPERATING AT
THEIR OWN EXPENSE THEIR OWN DEFENSE FACILITIES WITHIN THAT AREA, OR FROM
USING THAT PART OF DIEGO GARCIA OUTSIDE THE SPECIFIC AREA.
(2) PURPOSE
THE FACILITY SHALL PROVIDE AN IMPROVED LINK IN UNITED STATES DEFENSE
COMMUNICATIONS AND FURNISH SUPPORT FOR SHIPS AND AIRCRAFT OWNED OR
OPERATED BY OR ON BEHALF OF EITHER GOVERNMENT.
(3) CONSULTATION
BOTH GOVERNMENTS SHALL CONSULT PERIODICALLY ON JOINT OBJECTIVES,
POLICIES AND ACTIVITIES IN THE AREA. AS REGARDS THE USE OF THE FACILITY
IN NORMAL CIRCUMSTANCES, THE COMMANDING OFFICER AND THE OFFICER IN
CHARGE OF THE UNITED KINGDOM SERVICE ELEMENT SHALL INFORM EACH OTHER OF
INTENDED MOVEMENTS OF SHIPS AND AIRCRAFT. IN OTHER CIRCUMSTANCES THE
USE OF THE FACILITY SHALL BE A MATTER FOR THE JOINT DECISION OF THE TWO
GOVERNMENTS.
(4) ACCESS TO DIEGO GARCIA
(A) ACCESS TO DIEGO GARCIA SHALL BE GENERAL BE RESTRICTED TO MEMBERS
OF THE FORCES OF THE UNITED KINGDOM AND OF THE UNITED STATES, THE
COMMISSIONER AND PUBLIC OFFICERS IN THE SERVICE OF THE BRITISH INDIAN
OCEAN TERRITORY, REPRESENTATIVES OF THE GOVERNMENTS OF THE UNITED
KINGDOM AND OF THE UNITED STATES AND, SUBJECT TO NORMAL IMMIGRATION
REQUIREMENTS, CONTRACTOR PERSONNEL. THE GOVERNMENT OF THE UNITED
KINGDOM RESERVES THE RIGHT, AFTER CONSULTATION WITH THE APPROPRIATE
UNITED STATES ADMINISTRATIVE AUTHORITIES, TO GRANT ACCESS TO MEMBERS OF
SCIENTIFIC PARTIES WISHING TO CARRY OUT RESEARCH ON DIEGO GARCIA AND ITS
ENVIRONS, PROVIDED THAT SUCH RESEARCH DOES NOT UNREASONABLY INTERFERE
WITH THE ACTIVITIES OF THE FACILITY. THE COMMANDING OFFICER SHALL
AFFORD APPROPRIATE ASSISTANCE TO MEMBERS OF THESE PARTIES TO THE EXTENT
FEASIBLE AND ON A REIMBURSABLE BASIS. ACCESS SHALL NOT BE GRANTED TO
ANY OTHER PERSON
(7) RADIO FREQUENCIES AND TELECOMMUNICATIONS
(A) SUBJECT TO THE PRIOR CONCURRENCE OF THE GOVERNMENT OF THE UNITED
KINGDOM, THE GOVERNMENT OF THE UNITED STATES MAY USE ANY RADIO
FREQUENCIES, POWERS AND BAND WIDTHS FOR RADIO SERVICES (INCLUDING RADAR)
ON DIEGO GARCIA WHICH ARE NECESSARY FOR THE OPERATION OF THE FACILITY.
ALL RADIO COMMUNICATIONS SHALL COMPLY AT ALL TIMES WITH THE PROVISIONS
OF THE INTERNATIONAL TELECOMMUNICATIONS CONVENTION.
(B) THE GOVERNMENT OF THE UNITED STATES MAY ESTABLISH SUCH LAND LINES
ON DIEGO GARCIA AS MAY BE NECESSARY FOR THE FACILITY.
(8) CONSERVATION
AS FAR AS POSSIBLE THE ACTIVITIES OF THE FACILITY AND ITS PERSONNEL
SHALL NOT INTERFERE WITH THE FLORA AND FAUNA OF DIEGO GARCIA. WHEN
THEIR USE IS NO LONGER REQUIRED FOR THE PURPOSES OF THE FACILITY, THE
TWO GOVERNMENTS SHALL CONSULT ABOUT THE CONDITION OF THE THREE ISLETS AT
THE MOUTH OF THE LAGOON WITH A VIEW TO RESTORING THEM TO THEIR ORIGINAL
CONDITION. HOWEVER, NEITHER GOVERNMENT SHALL BE UNDER ANY OBLIGATION TO
PROVIDE FUNDS FOR SUCH RESTORATION.
(9) ANCHORAGE DUES AND AVIATION CHARGES
COLLECTION OF DUES AND CHARGES FOR USE OF THE ANCHORAGE AND AIRFIELD
AT DIEGO GARCIA WHICH MAY BE LEVIED BY THE COMMISSIONER SHALL BE HIS
RESPONSIBILITY. AIRCRAFT AND SHIPS OWNED OR OPERATED BY OR ON BEHALF OF
THE GOVERNMENT OF THE UNITED STATES SHALL BE PERMITTED TO USE THE
ANCHORAGE AND AIRFIELD WITHOUT THE PAYMENT OF ANY DUES OR CHARGES.
(10) METEOROLOGY
THE GOVERNMENT OF THE UNITED STATES SHALL OPERATE A METEOROLOGICAL
FACILITY ON DIEGO GARCIA AND SUPPLY SUCH AVAILABLE METEOROLOGICAL
INFORMATION AS MAY BE REQUIRED BY THE GOVERNMENT OF THE UNITED KINGDOM
AND THE GOVERNMENT OF MAURITIUS TO MEET THEIR NATIONAL AND INTERNATIONAL
OBLIGATIONS.
(11) UNITED KINGDOM SERVICE ELEMENT
THE UNITED KINGDOM SERVICE ELEMENT ON DIEGO GARCIA SHALL BE UNDER THE
COMMAND OF A ROYAL NAVY OFFICER WHO SHALL BE KNOWN AS THE
OFFICER-IN-CHARGE OF THE UNITED KINGDOM SERVICE ELEMENT.
(12) FINANCE
(A) THE GOVERNMENT OF THE UNITED STATES SHALL BEAR THE COST OF
DEVELOPING, OPERATING AND MAINTAINING THE FACILITY. HOWEVER, IN
RELATION TO UNITED KINGDOM PERSONNEL ATTACHED TO THE FACILITY, THE
GOVERNMENT OF THE UNITED KINGDOM SHALL BE RESPONSIBLE FOR THEIR PAY,
ALLOWANCES AND ANY OTHER MONETARY GRATUITIES, FOR THE COST OF THEIR
MESSING, AND FOR SUPPLIES OR SERVICES WHICH ARE PECULIAR TO OR PROVIDED
FOR THE EXCLUSIVE USE OF THE UNITED KINGDOM SERVICES OR THEIR PERSONNEL
AND WHICH WOULD NOT NORMALLY BE PROVIDED BY THE GOVERNMENT OF THE UNITED
STATES FOR THE USE OF ITS OWN PERSONNEL.
(B) EXCEPT IN RELATION TO THE UNITED KINGDOM SERVICE PERSONNEL
ATTACHED TO THE FACILITY, LOGISTIC SUPPORT FURNISHED AT DIEGO GARCIA BY
EITHER GOVERNMENT, UPON REQUEST, TO THE OTHER GOVERNMENT, SHALL BE ON A
REIMBURSABLE BASIS IN ACCORDANCE WITH THE LAWS, REGULATIONS AND
INSTRUCTIONS OF THE GOVERNMENT FURNISHING THE SUPPORT.
(13) FISHERIES, OIL AND MINERAL RESOURCES
THE GOVERNMENT OF THE UNITED KINGDOM WILL NOT PERMIT COMMERCIAL
FISHING IN THE LAGOON OR OIL OR MINERAL EXPLORATION OR EXPLOITATION ON
DIEGO GARCIA FOR THE DURATION OF THIS AGREEMENT. FURTHERMORE, THE
GOVERNMENT OF THE UNITED KINGDOM WILL NOT PERMIT COMMERCIAL FISHING OR
OIL OR MINERAL EXPLORATION OR EXPLOITATION IN OR UNDER THOSE AREAS OF
THE WATERS, CONTINENTAL SHELF AND SEA BED AROUND DIEGO GARCIA OVER WHICH
THE UNITED KINGDOM HAS SOVEREIGNTY OR EXERCISES SOVEREIGN RIGHTS, UNLESS
IT IS AGREED THAT SUCH ACTIVITIES WOULD NOT HARM OR BE INIMICAL TO THE
DEFENSE USE OF THE ISLAND.
(14) HEALTH, QUARANTINE AND SANITATION
THE COMMANDING OFFICER AND THE COMMISSIONER SHALL COLLABORATE IN THE
ENFORCEMENT ON DIEGO GARCIA OF NECESSARY HEALTH, QUARANTINE AND
SANITATION PROVISIONS.
(15) NEWS BROADCAST STATION
THE GOVERNMENT OF THE UNITED STATES MAY ESTABLISH AND OPERATE A
CLOSED CIRCUIT TV AND A LOW POWER RADIO BROADCAST STATION TO BROADCAST
NEWS, ENTERTAINMENT AND EDUCATIONAL PROGRAMMES FOR PERSONNEL ON DIEGO
GARCIA.
(16) PROPERTY
(A) TITLE TO ANY REMOVABLE PROPERTY BROUGHT INTO DIEGO GARCIA BY OR
ON BEHALF OF THE GOVERNMENT OF THE UNITED STATES, OR BY A UNITED STATES
CONTRACTOR, SHALL REMAIN IN THE GOVERNMENT OF THE UNITED STATES OR THE
CONTRACTOR, AS THE CASE MAY BE. SUCH PROPERTY OF THE GOVERNMENT OF THE
UNITED STATES, INCLUDING OFFICIAL PAPERS, SHALL BE EXEMPT FROM
INSPECTION, SEARCH AND SEIZURE. SUCH PROPERTY OF EITHER THE GOVERNMENT
OF THE UNITED STATES OR OF A UNITED STATES CONTRACTOR MAY BE FREELY
REMOVED FROM DIEGO GARCIA, BUT SHALL NOT BE DISPOSED OF WITHIN THE
BRITISH INDIAN OCEAN TERRITORY OR SEYCHELLES UNLESS AN OFFER, CONSISTENT
WITH THE LAWS OF THE UNITED STATES THEN IN EFFECT, HAS BEEN MADE TO SELL
THE PROPERTY TO THE COMMISSIONER AND HE HAS NOT ACCEPTED SUCH OFFER
WITHIN A PERIOD OF 120 DAYS AFTER IT WAS MADE OR SUCH LONGER PERIOD AS
MAY BE REASONABLE IN THE CIRCUMSTANCES. ANY SUCH PROPERTY NOT REMOVED
OR DISPOSED OF WITHIN A REASONABLE TIME AFTER TERMINATION OF THIS
AGREEMENT SHALL BECOME THE PROPERTY OF THE COMMISSIONER.
(B) THE GOVERNMENT OF THE UNITED STATES SHALL NOT BE RESPONSIBLE FOR
RESTORING LAND OR OTHER IMMOVABLE PROPERTY TO ITS ORIGINAL CONDITION,
NOR FOR MAKING ANY PAYMENT IN LIEU OF RESTORATION.
(17) AVAILABILITY OF FUNDS
TO THE EXTENT THAT THE CARRYING OUT OF ANY ACTIVITY OR THE
IMPLEMENTATION OF ANY PART OF THIS AGREEMENT DEPENDS UPON FUNDS TO BE
APPROPRIATED BY THE CONGRESS OF THE UNITED STATES, IT SHALL BE SUBJECT
TO THE AVAILABILITY OF SUCH FUNDS.
(18) REPRESENTATIVE OF THE COMMISSIONER
THE COMMISSIONER SHALL DESIGNATE A PERSON AS HIS REPRESENTATIVE ON
DIEGO GARCIA.
(19) SUPPLEMENTARY ARRANGEMENTS
SUPPLEMENTARY ARRANGEMENTS BETWEEN THE APPROPRIATE ADMINISTRATIVE
AUTHORITIES OF THE TWO GOVERNMENTS MAY BE MADE FROM TIME TO TIME AS
REQUIRED FOR THE CARRYING OUT OF THE PURPOSES OF THIS AGREEMENT.
(20) DEFINITIONS AND INTERPRETATION
(A) FOR THE PURPOSES OF THIS AGREEMENT "BIOT AGREEMENT" MEANS THE
EXCHANGE OF NOTES DATED 30 DECEMBER 1966, BETWEEN THE GOVERNMENT OF THE
UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND AND THE GOVERNMENT
OF THE UNITED STATES OF AMERICA CONCERNING THE AVAILABILITY OF THE
BRITISH INDIAN OCEAN TERRITORY FOR DEFENSE PURPOSES;
"COMMANDING OFFICER" MEANS THE UNITED STATES NAVY OFFICER IN COMMAND
OF THE FACILITY;
"COMMISSIONER" MEANS THE OFFICER ADMINISTERING THE GOVERNMENT OF THE
BRITISH INDIAN OCEAN TERRITORY;
"DIEGO GARCIA" MEANS THE ATOLL OF DIEGO GARCIA, THE LAGOON AND THE
THREE ISLETS AT THE MOUTH OF THE LAGOON.
(B) QUESTIONS OF INTERPRETATION ARISING FROM THE APPLICATION OF THIS
AGREEMENT SHALL BE THE SUBJECT OF CONSULTATION BETWEEN THE TWO
GOVERNMENTS.
(C) THE PROVISIONS OF THIS AGREEMENT SHALL SUPPLEMENT THE BIOT
AGREEMENT AND SHALL BE CONSTRUED IN ACCORDANCE WITH THAT AGREEMENT. IN
THE EVENT OF ANY CONFLICT BETWEEN THE PROVISIONS OF THE BIOT AGREEMENT
AND THIS AGREEMENT THE PROVISIONS OF THE BIOT AGREEMENT SHALL PREVAIL.
(21) THE DIEGO GARCIA AGREEMENT 1972
THIS AGREEMENT SHALL REPLACE THE AGREEMENT CONSTITUTED BY THE
EXCHANGE OF NOTES DATED 24 OCTOBER 1972 BETWEEN THE GOVERNMENT OF THE
UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND AND THE GOVERNMENT
OF THE UNITED STATES OF AMERICA CONCERNING A LIMITED UNITED STATES NAVAL
COMMUNICATIONS FACILITY ON DIEGO GARCIA, BRITISH INDIAN OCEAN TERRITORY.
(22) DURATION AND TERMINATION
THIS AGREEMENT SHALL CONTINUE IN FORCE FOR AS LONG AS THE BIOT
AGREEMENT CONTINUES IN FORCE OR UNTIL SUCH TIME AS NO PART OF DIEGO
GARCIA IS ANY LONGER REQUIRED FOR THE PURPOSES OF THE FACILITY,
WHICHEVER OCCURS FIRST.
2. IF THE GOVERNMENT OF THE UNITED STATES OF AMERICA ALSO APPROVES
IN PRINCIPLE THE DEVELOPMENT OF THE FACILITY SUBJECT TO THE ABOVE TERMS,
I HAVE THE HONOUR TO PROPOSE THAT THIS NOTE AND THE PLAN ANNEXED TO IT,
TOGETHER WITH YOUR REPLY TO THAT EFFECT, SHALL CONSTITUTE AN AGREEMENT
BETWEEN THE TWO GOVERNMENTS WHICH SHALL ENTER INTO FORCE ON THE DATE OF
YOUR REPLY AND SHALL BE KNOWN AS THE DIEGO GARCIA AGREEMENT 1976."
I HAVE THE HONOR TO INFORM YOU THAT THE GOVERNMENT OF THE UNITED
STATES OF AMERICA APPROVES IN PRINCIPLE THE DEVELOPMENT OF THE FACILITY
SUBJECT TO THE TERMS SET OUT IN YOUR NOTE, AND THEREFORE AGREES THAT
YOUR NOTE, AND THE PLAN ANNEXED TO IT, TOGETHER WITH THIS REPLY, SHALL
CONSTITUTE AN AGREEMENT BETWEEN THE TWO GOVERNMENTS WHICH SHALL ENTER
INTO FORCE ON TODAY'S DATE AND SHALL BE KNOWN AS THE DIEGO GARCIA
AGREEMENT 1976.
ACCEPT, SIR, THE RENEWED ASSURANCES OF MY HIGHEST CONSIDERATION.
THE RT. HON. ROY HATTERSLEY, M.P.
MINISTER OF STATE FOR
FOREIGN AND COMMONWEALTH AFFAIRS
DOWNING STREET,
LONDON, S.W.1
FEBRUARY 25, 1976
GREAT BRITAIN AND NORTHERN IRELAND
LONDON, ENGLAND
EMBASSY OF THE UNITED STATES OF AMERICA
I, THE UNDERSIGNED CONSULAR OFFICER OF THE UNITED STATES OF AMERICA,
DULY COMMISSIONED AND QUALIFIED, DO HEREBY CERTIFY THAT THE FOREGOING IS
A TRUE AND FAITHFUL COPY OF THE ORIGINAL/COPY THIS DAY EXHIBITED TO ME,
THE SAME HAVING BEEN CAREFULLY EXAMINED BY ME AND COMPARED WITH THE SAID
ORIGINAL/COPY AND FOUND TO AGREE THEREWITH WORD FOR WORD AND FIGURE FOR
FIGURE. IN WITNESS WHEREOF I HAVE HEREUNTO SET MY HAND AND OFFICIAL
SEAL THIS TWENTY-SIXTH DAY OF FEBRUARY, 1976.
NO. 5
SIR:
I HAVE THE HONOR TO REFER TO THE DIEGO GARCIA AGREEMENT 1976,
CONSTITUTED BY THE EXCHANGE OF NOTES OF TODAY'S DATE BETWEEN THE
GOVERNMENT OF THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND
AND THE GOVERNMENT OF THE UNITED STATES OF AMERICA, SUPPLEMENTING THE
BRITISH INDIAN OCEAN TERRITORY AGREEMENT (BIOT AGREEMENT), EFFECTED BY
AN EXCHANGE OF NOTES BETWEEN THE TWO GOVERNMENTS DATED DECEMBER 30,
1966.
IN ACCORDANCE WITH THE RECENT DISCUSSIONS BETWEEN REPRESENTATIVES OF
OUR TWO GOVERNMENTS, I HAVE THE HONOR TO INFORM YOU THAT THE GOVERNMENT
OF THE UNITED STATES OF AMERICA SUBJECT TO THE AVAILABILITY OF FUNDS,
PLANS TO UNDERTAKE THE FOLLOWING ADDITIONAL CONSTRUCTION ON DIEGO GARCIA
FOR THE UNITED STATES NAVY SUPPORT FACILITY TO BE DEVELOPED THERE:
EXPANDED DREDGING FOR FLEET ANCHORAGE 4,000 ACRES
FUEL AND GENERAL PURPOSE PIER 550 FEET OF BERTH
RUNWAY EXTENSION 4,000 LINEAR FEET
AIRCRAFT PARKING APRON 90,000 SQUARE YARDS
HANGAR 18,000 SQUARE FEET
AIR OPERATING BUILDING ADDITION 2,900 SQUARE FEET
TRANSIT STORAGE BUILDING 4,000 SQUARE FEET
AIRCRAFT ARRESTING GEAR --
STORAGE PETROLEUM, OIL AND LUBRICANTS 640,000 BARRELS
POWER PLANT EXPANSION 2,400 KILOWATTS
VEHICLE REPAIR HARDSTAND 1,200 SQUARE YARDS
SUBSISTENCE BUILDING ADDITION 3,600 SQUARE FEET
COLD STORAGE ADDITION 4,200 SQUARE FEET
ARMED FORCES RADIO AND TELEVISION STATION 1,200 SQUARE FEET
GENERAL WAREHOUSE ADDITION 13,200 SQUARE FEET
UTILITIES --
TITLE SUPPLEMENTARY ARRANGEMENTS 1976 FOR DIEGO GARCIA FACILITY
PREAMBLE PURSUANT TO PARAGRAPH 19 OF THE DIEGO GARCIA AGREEMENT 1976
BETWEEN THE GOVERNMENT OF THE UNITED KINGDOM OF GREAT BRITAIN AND
NORTHERN IRELAND AND THE GOVERNMENT OF THE UNITED STATES OF AMERICA
CONCERNING THE UNITED STATES NAVY SUPPORT FACILITY ON DIEGO GARCIA, THE
MINISTER OF DEFENCE (NAVY) AND THE UNITED STATES NAVY (USN) HAVE MADE
THE FOLLOWING SUPPLEMENTARY ARRANGEMENTS:
PARAGRAPH 1 PERSONNEL-- THE USN WILL ESTABLISH A MANNING LEVEL FOR
THE FACILITY. REPRESENTATIVES OF ADMINISTRATIVE AUTHORITIES WILL
JOINTLY DECIDE WHICH POSITIONS SHALL BE FILLED BY UK SERVICE PERSONNEL.
ALL PERSONNEL ASSIGNED TO DIEGO GARCIA WILL SERVE AN UNACCOMPANIED TOUR
OF (TEXT ILLEGIBLE)
PARAGRAPH 2 MILITARY COMMAND-- THE OFFICER-IN-CHARGE OF THE UK
SERVICE ELEMENT WILL, IN MATTERS RELATED TO THE OPERATION OF THE
FACILITY, REPORT TO COMMANDING OFFICER. THE COMMANDING OFFICER THE
OFFICER-IN-CHARGE OF THE UK SERVICE ELEMENT WILL ESTABLISH THE MANNER IN
WHICH ORDERS AND INSTRUCTIONS WILL BE COMPLIED WITH, WHICH MANNER WILL
BE CONSISTENT WITH THE CONCEPT OF MUTUAL RESPECT FOR RELATIVE RANKS.
HOWEVER, NOTHING IN THIS PARAGRAPH IS INTENDED TO REQUIRE OBEDIENCE TO
ANY COMMAND INCONSISTENT WITH THE OBLIGATION OF THEIR RESPECTIVE SERVICE
LAWS NOR TO ESTABLISH DISCIPLINARY POWER IN EITHER OFFICER OVER MEMBERS
OF THE ARMED SERVICES OF THE OTHER COUNTRY.
PARAGRAPH 3 LOGISTIC SUPPORT-- SUBJECT TO PARAGRAPH 4 BELOW, MILITARY
PERSONNEL OF BOTH GOVERNMENTS WILL BE ENTITLED TO USE; UPON THE SAME
TERMS AND CONDITIONS, SUCH RECREATIONAL, ACCOMODATION AND MESSING
FACILITIES AS ARE AVAILABLE OR AS ARE ESTABLISHED FOR MILITARY PERSONNEL
BY EITHER GOVERNMENT. UK SERVICE PERSONNEL SERVING WITH THIS FACILITY
WILL BE ENTITLED TO SEND AND RECEIVE MAIL THROUGH THE UNITED STATES
FLEET POSTAL SYSTEM. THE USN WILL, UPON REQUEST, TRANSPORT UK SERVICE
PERSONNEL TO AND FROM THE FACILITY FROM SUCH PLACES AS MAY BE AGREED
FROM TIME TO TIME BY THE USN AND THE MINISTRY OF DEFENSE OF THE UNITED
KINGDOM (MOD). FOR THE PURPOSE OF SUCH TRANSPORT UK SERVICE PERSONNEL
MAY BE ACCOMPANIED BY PERSONAL BAGGAGE WHICH DOES NOT EXCEED A GROSS
WEIGHT OF 120 POUNDS PER MAN. THE USN WILL GIVE SYMPATHETIC
CONSIDERATION TO REQUESTS FOR TRANSPORTATION OF OFFICIAL UK SERVICE
VISITORS. THE USN WILL, UPON REQUEST, PROVIDE SUCH SUPPLIES AND
SERVICES ON AN EQUIVALENT BASIS WITH USN PERSONNEL AS MAY BE REQUIRED BY
UK SERVICE PERSONNEL SERVING WITH THE FACILITY ON DIEGO GARCIA. WHEN
THESE SUPPLIES AND SERVICES ARE PECULIAR TO THE UK SERVICES THE MOD WILL
MAKE THEM AVAILABLE TO THE USN AT A PLACE OF PLACES AGREED TO BY THE MOD
AND THE USN AT THE TIME.
PARAGRAPH 4 FINANCE-- THE FINANCIAL ARRANGEMENTS HAVE BEEN LAID DOWN
IN PARAGRAPH 12 OF THE DIEGO GARCIA AGREEMENT 1976, WHICH READS AS
FOLLOWS:
"(A) THE GOVERNMENT OF THE UNITED STATES SHALL BEAR THE COST OF
DEVELOPING, OPERATING AND MAINTAINING THE FACILITY. HOWEVER, IN
RELATION TO UNITED KINGDOM SERVICE PERSONNEL ATTACHED TO THE FACILITY,
THE GOVERNMENT OF THE UNITED KINGDOM SHALL BE RESPONSIBLE FOR THEIR PAY,
ALLOWANCES AND ANY OTHER MONETARY GRATUITIES, FOR THE COST OF THEIR
MESSING, AND FOR SUPPLIES OR SERVICES WHICH ARE PECULIAR TO OR PROVIDED
FOR THE EXCLUSIVE USE OF THE UNITED KINGDOM SERVICES OR THEIR PERSONNEL
AND WHICH WOULD NOT NORMALLY BE PROVIDED BY THE GOVERNMENT OF THE UNITED
STATES FOR THE USE OF ITS OWN PERSONNEL
NO. 5
READY ISSUE AMMUNITION MAGAZINE 2,000 SQUARE FEET
PROTECTIVE OPEN STORAGE AREA FOR 6,000 SQUARE YARDS
MUNITIONS
BACHELOR ENLISTED QUARTERS 277 MEN
BACHELOR OFFICERS QUARTERS 32 MEN
RECEIVER BUILDING ADDITION 1,300 SQUARE FEET
RECREATIONAL FACILITIES (SCOPE TO BE DETERMINED)
SHED STORAGE 7,100 SQUARE FEET
FLAMMABLE STORAGE 2,700 SQUARE FEET
NAVY EXCHANGE WAREHOUSE 5,400 SQUARE FEET
CRASH FIRE STATION 7,800 SQUARE FEET
STRUCTURAL FIRE STATION 3,000 SQUARE FEET
AIRCRAFT WASHRACK (SCOPE TO BE DETERMINED)
AIRCRAFT READY ISSUE REFUELER (SCOPE TO BE DETERMINED)
PUBLIC WORKS SHOPS 16,600 SQUARE FEET
THE FOREGOING WOULD BE IN ADDITION TO CONSTRUCTION FOR THE LIMITED
NAVAL COMMUNICATIONS FACILITY PRESENTLY ON DIEGO GARCIA, REGARDING WHICH
INFORMATION HAS PREVIOUSLY BEEN PROVIDED TO UNITED KINGDOM AUTHORITIES.
IN THE EVENT THAT FURTHER CONSTRUCTION SHOULD BE PLANNED FOR THE
FACILITY, IT WOULD, OF COURSE, BE UNDERSTOOD THAT SUCH CONSTRUCTION
WOULD BE SUBJECT TO THE PROVISIONS OF PARAGRAPH 2(B) OF THE BIOT
AGREEMENT AS WELL AS PARAGRAPH 1(A) OR 1(B) AS APPROPRIATE, OF THE DIEGO
GARCIA AGREEMENT 1976.
ACCEPT, SIR, THE RENEWED ASSURANCES OF MY HIGHEST REGARDS.
THE RT. HON. ROY HATTERSLEY, M.P.
MINISTER OF STATE FOR
FOREIGN AND COMMONWEALTH AFFAIRS
FOREIGN AND COMMONWEALTH OFFICE
DOWNING STREET,
LONDON, S.W.1
FEBRUARY 25, 1976
(B) EXCEPT IN RELATION TO UK SERVICE PERSONNEL ATTACHED TO THE
FACILITY LOGISTIC SUPPORT FURNISHED AT DIEGO GARCIA BY EITHER
GOVERNMENT, UPON REQUEST, TO THE OTHER GOVERNMENT, SHALL BE ON A
REIMBURSABLE BASIS IN ACCORDANCE WITH THE LAWS, REGULATIONS AND
INSTRUCTIONS OF THE GOVERNMENT FURNISHING THE SUPPORT".
PARAGRAPH 5 RADIO FREQUENCIES AND TELECOMMUNICATIONS-- THE FOLLOWING
PROCEDURES FOR OBTAINING THE PRIOR CONCURRENCE OF THE GOVERNMENT OF THE
UNITED KINGDOM TO THE USE OF ANY RADIO FREQUENCIES, POWERS AND BAND
WIDTHS FOR RADIO SERVICES (INCLUDING RADAR) ON DIEGO GARCIA WHICH ARE
NECESSARY FOR THE OPERATION OF THE FACILITY, AND FOR INTERNATIONAL
NOTIFICATION, WILL BE FOLLOWED.
A. PRIOR TO THE ASSIGNMENT, OR MODIFICATION OF AN ASSIGNMENT, OF ANY
RADIO FREQUENCY ON
DIEGO GARCIA, CONCURRENCE FOR THE SAME WILL BE OBTAINED FROM THE
UNITED KINGDOM THROUGH THE
ESTABLISHED MILITARY CO-ORDINATION CHANNEL. THIS CHANNEL IS BETWEEN
THE JOINT FREQUENCY PANEL
(J/FP), USMCEB AND THE DEFENSE SIGNAL STAFF, SIGNAL 2 (DSS 2)
MINISTRY OF DEFENCE, UNITED
KINGDOM.
GREAT BRITAIN AND NORTHERN IRELAND
LONDON, ENGLAND
EMBASSY OF THE UNITED STATES OF AMERICA
I, THE UNDERSIGNED CONSULAR OFFICER OF THE UNITED STATES OF AMERICA,
DULY COMMISSIONED AND QUALIFIED, DO HEREBY CERTIFY THAT THE FOREGOING IS
A TRUE AND FAITHFUL COPY OF THE ORIGINAL/COPY THIS DAY EXHIBITED TO ME,
THE SAME HAVING BEEN CAREFULLY EXAMINED BY ME AND COMPARED WITH THE SAID
ORIGINAL/COPY AND FOUND TO AGREE THEREWITH WORD FOR WORD AND FIGURE FOR
FIGURE. IN WITNESS WHEREOF I HAVE HEREUNTO SET MY HAND AND OFFICIAL SEAL
THIS TWENTY-SIXTH DAY OF FEBRUARY, 1976.
JOHN J DEGAN, JR.
CONSUL OF THE UNITED STATES
OF AMERICA AT LONDON, ENGLAND
B. UPON OBTAINING SUCH CONCURRENCE THE UNITED STATES WILL TRANSMIT TO
THE INTERNATIONAL
FREQUENCY REGISTRATION BOARD (IFRB) NOTIFICATION OF THE ASSIGNMENT IN
ACCORDANCE WITH EXISTING
US/UK FREQUENCY CO-ORDINATION PROCEDURES.
PARAGRAPH 6 AIDS TO NAVIGATION AND APPROACH CONTROL-- THE UNITED
STATES MAY USE AND MAINTAIN EXISTING ELECTRONIC NAVIGATION AND LANDING
AIDS, SUCH AS AIRPORT SURVEILLANCE RADAR, GROUND CONTROLLED APPROACH
(GCA), TACAN AND INSTRUMENT LANDING SYSTEMS (ILS). IF IN THE FUTURE IT
SHOULD BE NECESSARY TO MAKE SIGNIFICANT CHANGES TO THE PRESENT
ELECTRONIC NAVIGATION AND LANDING AIDS OR TO EXPAND THEM SIGNIFICANTLY,
THIS MAY BE DONE SUBJECT TO AGREEMENT BETWEEN THE MOD AND THE USN.
PARAGRAPH 7 SCIENTIFIC RESEARCH-- IF THE GOVERNMENT OF THE UNITED
KINGDOM WISHES TO GRANT ACCESS TO DIEGO GARCIA TO MEMBERS OF SCIENTIFIC
PARTIES WANTING TO CARRY OUT RESEARCH ON DIEGO GARCIA AND ITS ENVIRONS
WRITTEN NOTICE WILL BE GIVEN TO THE UNITED STATES DEPARTMENT OF STATE OR
THE US EMBASSY IN LONDON AT LEAST FOUR WEEKS PRIOR TO THE INTENDED
VISIT. THIS NOTICE WILL CONTAIN THE FOLLOWING INFORMATION:
A. IDENTIFICATION OF VISITING PARTY, INCLUDING NATIONALITY AND NAMES
OF ALL MEMBERS OF THE
PARTY;
B. SCIENTIFIC PURPOSE;
C. DATE OF ARRIVAL AND EXPECTED DURATION;
D. AREAS TO BE UTILISED,
E. ACTIVITIES TO BE CONDUCTED;
F. EQUIPMENT TO BE UTILISED;
G. SERVICES REQUESTED FROM THE FACILITY.
SUCH NOTICE AND THE RESPONSE THERETO WILL CONSTITUTE THE CONSULTATION
REFERRED TO IN SUB-PARAGRAPH 3A OF THE DIEGO GARCIA AGREEMENT 1976.
SCIENTIFIC PARTIES WILL, WHERE NECESSARY, BE RESPONSIBLE FOR REIMBURSING
THE GOVERNMENT OF THE UNITED STATES FOR ANY GOODS AND SERVICES SUPPLIED
TO THEM BY THE USN.
PARAGRAPH 8 LOCAL ADMINISTRATION-- THE FOLLOWING MATTERS HAVE BEEN
AUTHORISED BY THE COMMISSIONER BIOT:
A. DRIVERS LICENCES-- UNITED STATES OR UNITED KINGDOM MOTOR VEHICLE
DRIVERS LICENCES WILL
BE ACCEPTED AS VALID FOR THE OPERATION OF ALL MOTOR VEHICLES ON DIEGO
GARCIA.
B. MEDICAL SERVICES-- US MEDICAL PERSONNEL MAY PERFORM MEDICAL
SERVICES IN DIEGO GARCIA OF
THE SAME TYPE WHICH SUCH PERSONS ARE AUTHORISED TO PERFORM AT UNITED
STATES MILITARY MEDICAL
FACILITIES WITHOUT PRIOR EXAMINATION OR REVALIDATION OF THEIR
PROFESSIONAL CERTIFICATE BY THE
UNITED KINGDOM AUTHORITIES, AND SUCH FACILITIES WILL BE MADE
AVAILABLE TO UNITED KINGDOM
SERVICE PERSONNEL. FOR THE PURPOSES OF THIS PARAGRAPH, THE TERM "US
MEDICAL PERSONNEL" MEANS
THE PHYSICIANS, SURGEONS, SPECIALISTS, DENTISTS, NURSES AND OTHER
UNITED STATES PERSONNEL IN
DIEGO GARCIA WHO PERFORM MEDICAL SERVICES, AND OTHER DOCTORS OF
UNITED STATES NATIONALITY OR
ORDINARILY RESIDENT IN THE UNITED STATES EMPLOYED OR CONTRACTED IN
EXCEPTIONAL CASES BY THE
UNITED STATES FORCES.
C. RECREATIONAL FISHING-- UNITED STATES PERSONNEL AND UNITED KINGDOM
PERSONNEL ARE
PERMITTED REASONABLE RECREATIONAL FISHING ON DIEGO GARCIA AND ITS
ENVIRONS WITHOUT OBTAINING
ANY LICENCE OR PAYING ANY FEES. SUCH RECREATIONAL FISHING INCLUDES
FISHING FROM BOATS AS WELL
AS FROM THE SHORE.
PARAGRAPH 9 ALTERATION-- THESE SUPPLEMENTARY ARRANGEMENTS MAY BE
ALTERED AT ANY TIME BY THE MUTUAL CONSENT OF THE PARTIES HERETO.
PARAGRAPH 10 INTERPRETATION-- UNLESS THE CONTEXT OTHERWISE REQUIRES,
TERMS AND EXPRESSIONS USED HEREIN WILL HAVE THE MEANINGS ASSIGNED TO
THEM IN THE DIEGO GARCIA AGREEMENT 1976. IN THE EVENT OF ANY CONFLICT
BETWEEN THE PROVISIONS OF THESE SUPPLEMENTARY ARRANGEMENTS AND OF THE
DIEGO GARCIA AGREEMENT 1976 THE LATTER WILL PREVAIL.
FOR THE ROYAL NAVY
R D LYGO
VICE ADMIRAL
DIEGO GARCIA AGREEMENT
1976
CARTOGRAPHIC SECTION, RESEARCH DEPT., FCO. JANUARY (MAP OMITTED)
2. IF THE GOVERNMENT OF THE UNITED STATES OF AMERICA ALSO APPROVES
IN PRINCIPLE THE DEVELOPMENT OF THE FACILITY SUBJECT TO THE ABOVE TERMS,
I HAVE THE HONOUR TO PROPOSE THAT THIS NOTE AND THE PLAN ANNEXED TO IT,
TOGETHER WITH YOUR REPLY TO THAT EFFECT, SHALL CONSTITUTE AN AGREEMENT
BETWEEN THE TWO GOVERNMENTS WHICH SHALL ENTER INTO FORCE ON THE DATE OF
YOUR REPLY AND SHALL BE KNOWN AS THE DIEGO GARCIA AGREEMENT 1976.
THE HONOURABLE RONALD I SPIERS
EMBASSY OF THE UNITED STATES OF
AMERICA
GROSVENOR SQUARE
LONDON
W1A 1AH
SIR,
I HAVE THE HONOUR TO ACKNOWLEDGE RECEIPT OF YOUR LETTER OF TODAY'S
DATE CONCERNING YOUR GOVERNMENT'S PLANS FOR CONSTRUCTION IN CONNECTION
WITH THE DEVELOPMENT OF THE PRESENT LIMITED NAVAL COMMUNICATIONS
FACILITY ON DIEGO GARCIA AS A SUPPORT FACILITY OF THE UNITED STATES
NAVY.
I NOTE THE ADDITIONAL CONSTRUCTION PLANNED BY YOUR GOVERNMENT AND
YOUR STATEMENT CONCERNING FURTHER CONSTRUCTION. I CONFIRM THAT YOUR
STATEMENT IS IN ACCORDANCE WITH THE UNDERSTANDING OF MY GOVERNMENT.
THE HONOURABLE RONALD I SPIERS
EMBASSY OF THE UNITED STATES OF
AMERICA
GROSVENOR SQUARE
LONDON W1A 1AH
UNITED KINGDOM 16 SEP 1975 FLITE DOCUMENT NO. 7950051
LEASE EXECUTED 16 SEPTEMBER 1975.
LEASE OF AN/ALQ-123 SYSTEM.
THIS LEASE, MADE AS OF THE 16TH DAY OF SEPTEMBER 1975, BETWEEN THE
UNITED STATES OF AMERICA (HEREINAFTER CALLED THE "LESSOR GOVERNMENT")
REPRESENTED BY ITS DEPARTMENT OF THE NAVY AND THE UNITED KINGDOM
(HEREINAFTER CALLED THE "LESSEE GOVERNMENT").
WITNESSETH:
WHEREAS, THE SECRETARY OF THE NAVY OF THE LESSOR GOVERNMENT
(HEREINAFTER CALLED THE "SECRETARY") HAS DETERMINED THAT THE AN/ALQ-123
SYSTEM (HEREINAFTER CALLED THE DEFENSE ARTICLE) IS NOT EXCESS TO THE
NEEDS OF THE DEPARTMENT OF THE NAVY OF THE LESSOR GOVERNMENT WITHIN THE
MEANING OF SECTION 472 OF TITLE 40 OF THE UNITED STATES CODE, BUT IS NOT
FOR THE TIME BEING REQUIRED FOR PUBLIC USE, AND
WHEREAS, THE SECRETARY HAS DETERMINED THAT IT WILL BE IN THE PUBLIC
INTEREST TO LEASE THE DEFENSE ARTICLE WITHOUT COST TO THE LESSEE
GOVERNMENT UPON THE TERMS AND CONDITIONS HEREINAFTER SET FORTH, AND
WHEREAS, THIS LEASE IS MADE UNDER THE AUTHORITY OF SECTION 2667 OF
TITLE 10 OF THE UNITED STATES CODE (70A STAT. 150).
NOW THEREFORE, THE PARTIES DO MUTUALLY AGREE AS FOLLOWS:
1. IN CONSIDERATION OF THE MAINTENANCE AND OTHER OBLIGATIONS ASSUMED
BY THE LESSEE GOVERNMENT THE LESSOR GOVERNMENT HEREBY LEASES TO THE
LESSEE GOVERNMENT AND THE LESSEE GOVERNMENT HEREBY LEASES FROM THE
LESSOR GOVERNMENT THE DEFENSE ARTICLE FOR A TERM OF TWELVE (12) MONTHS
FROM THE DATE OF DELIVERY THEREOF TO THE LESSEE GOVERNMENT AND UNDER THE
TERMS AND CONDITIONS SET FORTH IN THE PROVISIONS HERETO ANNEXED.
IN WITNESS WHEREOF, EACH OF THE PARTIES HERETO HAS EXECUTED THIS
LEASE AS OF THE DAY AND YEAR FIRST ABOVE WRITTEN.
UNITED KINGDOM
BY G. NEVILLE GADSBY
MINISTER, DEFENCE R & D
BRITISH EMBASSY, WASHINGTON DC
REPRESENTATIVE OF THE
UNITED KINGDOM
1. OPERATION AND USE. EXCEPT AS MAY BE OTHERWISE AUTHORIZED BY THE
LESSOR GOVERNMENT AND EXCEPT DURING TRANSFER FROM THE UNITED STATES AND
RETURN TO THE PLACE OF REDELIVERY, THE LESSEE GOVERNMENT SHALL KEEP THE
DEFENSE ARTICLE IN ITS OWN POSSESSION, CUSTODY AND CONTROL.
2. INITIAL CONDITION. THE DEFENSE ARTICLE IS LEASED TO THE LESSEE
GOVERNMENT ON AN "AS IS, WHERE IS" BASIS WITHOUT WARRANTY OR
REPRESENTATION CONCERNING THE CONDITION OR STATE OF REPAIR OF THE
DEFENSE ARTICLE OR ANY PART THEREOF AND WITHOUT ANY AGREEMENT BY THE
LESSOR GOVERNMENT TO ALTER, IMPROVE, ADAPT OR REPAIR THE DEFENSE ARTICLE
OR ANY PART THEREOF.
3. CONDITIONING AND TRANSFER COSTS. THE LESSEE GOVERNMENT SHALL
BEAR THE COST OF RENDERING THE DEFENSE ARTICLE OPERABLE AND
TRANSFERABLE, AND OF TRANSFERRING THE DEFENSE ARTICLE FROM THE UNITED
STATES BACK TO THE PLACE OF REDELIVERY, EXCEPT THAT IF THIS LEASE IS
TERMINATED BEFORE EXPIRATION BY THE LESSOR GOVERNMENT OR BY MUTUAL
AGREEMENT AT THE REQUEST OF THE LESSOR GOVERNMENT, THE LESSEE GOVERNMENT
SHALL NOT BE REQUIRED TO PAY THE COST OF REDELIVERY.
4. INSPECTION AND INVENTORY. IMMEDIATELY PRIOR TO THE DELIVERY OF
THE DEFENSE ARTICLE TO THE LESSEE GOVERNMENT, AN INSPECTION OF THE
PHYSICAL CONDITION OF THE DEFENSE ARTICLE AND AN INVENTORY OF ALL
RELATED ITEMS SHALL BE MADE BY REPRESENTATIVES OF THE LESSOR GOVERNMENT
AND THE LESSEE GOVERNMENT. A JOINT REPORT OF THEIR FINDINGS SHALL BE
MADE WHICH SHALL BE CONCLUSIVE EVIDENCE AS TO THE PHYSICAL CONDITION OF
SAID DEFENSE ARTICLE AND AS TO SUCH ITEMS AS OF THE TIME OF DELIVERY. A
SIMILAR INSPECTION, INVENTORY AND JOINT REPORT SHALL BE MADE BY THE
PARTIES UPON THE TERMINATION OR EXPIRATION OF THIS LEASE. THE FINDINGS
OF THAT REPORT SHALL BE CONCLUSIVE EVIDENCE AS TO THE PHYSICAL CONDITION
OF THE DEFENSE ARTICLE AND AS TO SUCH ITEMS AS OF THE DATE OF
TERMINATION OR EXPIRATION OF THIS LEASE. THE LESSEE GOVERNMENT SHALL
PROMPTLY REPLACE ANY DEFICIENCY IN SUCH ITEMS SHOWN BY THE TERMINAL
INVENTORY AND MAY REMOVE ANY EXCESS THEREOF BUT IN THE ABSENCE OF
REMOVAL, TITLE TO ANY SUCH EXCESS SHALL VEST IN THE LESSOR GOVERNMENT.
5. MAINTENANCE. THE LESSEE GOVERNMENT SHALL MAINTAIN THE DEFENSE
ARTICLE IN GOOD ORDER, REPAIR AND OPERABLE CONDITION AND EXCEPT AS
PROVIDED IN PARAGRAPH 6, SHALL UPON EXPIRATION OR TERMINATION OF THIS
LEASE RETURN THE DEFENSE ARTICLE IN OPERABLE CONDITION AND IN AS GOOD
CONDITION AS WHEN RECEIVED, NORMAL WEAR AND TEAR EXCEPTED.
6. RISK OF LOSS. ALL RISK OF LOSS OF OR DAMAGE TO THE DEFENSE
ARTICLE DURING THE TERM OF THIS LEASE AND UNTIL ITS RETURN TO THE PLACE
OF REDELIVERY, NOT ARISING OUT OF ENEMY ACTION, SHALL BE BORNE BY THE
LESSEE GOVERNMENT. IN THE EVENT OF SUCH LOSS OR DAMAGE, THE LESSEE
GOVERNMENT, AT THE OPTION OF THE LESSOR GOVERNMENT, SHALL EITHER
COMPENSATE THE LESSOR GOVERNMENT THEREFOR OR SHALL REBUILD, REPLACE, OR
REPAIR SUCH LOSS OR DAMAGE.
7. INDEMNIFICATION. THE LESSEE GOVERNMENT RENOUNCES ALL CLAIMS
AGAINST THE LESSOR GOVERNMENT, ITS OFFICERS, AGENTS, AND EMPLOYEES
ARISING OUT OF OR INCIDENTAL TO TRANSFER, POSSESSION, USE OR OPERATION
OF THE DEFENSE ARTICLE AND WILL INDEMNIFY AND HOLD HARMLESS THE LESSOR
GOVERNMENT, ITS OFFICERS, AGENTS, AND EMPLOYEES FOR ANY SUCH CLAIMS OF
THIRD PARTIES.
8. ALTERATIONS. THE LESSEE GOVERNMENT SHALL NOT MAKE ANY
SUBSTANTIAL ALTERATIONS OR ADDITIONS TO THE DEFENSE ARTICLE WITHOUT
PRIOR CONSENT OF THE LESSOR GOVERNMENT. ALL SUCH ALTERATIONS OR
ADDITIONS SHALL BECOME THE PROPERTY OF THE LESSOR GOVERNMENT EXCEPT
ITEMS WHICH CAN BE READILY REMOVED REMOVED WITHOUT INJURY TO REDELIVERY
OF THE DEFENSE ARTICLE. AS A CONDITION OF ITS APPROVAL OF ANY
ALTERATION OR ADDITION, THE LESSOR GOVERNMENT MAY REQUIRE THE LESSEE
GOVERNMENT TO RESTORE THE DEFENSE ARTICLE TO ITS PRIOR CONDITION.
9. TERMINATION. THIS LEASE MAY BE TERMINATED:
(A) BY MUTUAL AGREEMENT OF THE PARTIES;
(B) BY THE LESSEE GOVERNMENT ON 30-DAYS' WRITTEN NOTICE;
(C) BY THE LESSOR GOVERNMENT (I) DURING ANY NATIONAL EMERGENCY
DECLARED BY ITS PRESIDENT OR CONGRESS OR (II) UPON 30-DAYS' WRITTEN
NOTICE TO THE LESSEE GOVERNMENT.
10. PLACE OF REDELIVERY. UPON EXPIRATION OR TERMINATION OF THIS
LEASE, THE DEFENSE ARTICLE SHALL BE RETURNED, AT THE LESSEE GOVERNMENT'S
EXPENSE, TO THE UNITED STATES NAVY AT A DELIVERY POINT SPECIFIED BY THE
NAVAL AIR SYSTEMS COMMAND.
11. TITLE. TITLE TO THE DEFENSE ARTICLE SHALL REMAIN IN THE LESSOR
GOVERNMENT. THE LESSEE GOVERNMENT MAY, HOWEVER, PLACE THE DEFENSE
ARTICLE UNDER ITS FLAG, WHEN APPROPRIATE.
12. REIMBURSEMENT FOR SERVICES. THE LESSEE GOVERNMENT WILL PAY THE
LESSOR GOVERNMENT FOR ANY SERVICES, SPARE PARTS OR MATERIALS FURNISHED
FOR THE DEFENSE ARTICLE BY THE LESSOR GOVERNMENT AT THE LESSEE
GOVERNMENT'S REQUEST IN SUCH AMOUNTS AND AT SUCH TIMES AS MAY BE
MUTUALLY AGREED UPON.
13. COVENANT AGAINST CONTINGENT FEES. THE LESSEE GOVERNMENT
WARRANTS THAT IT HAS NOT EMPLOYED ANY PERSON TO SOLICIT OR SECURE THIS
LEASE UPON ANY AGREEMENT FOR A COMMISSION, PERCENTAGE, BROKERAGE OR
CONTINGENT FEE.
14. OFFICIALS NOT TO BENEFIT. NO MEMBER OF OR DELEGATE TO CONGRESS
OF THE UNITED STATES, OR RESIDENT COMMISSIONER OF THE UNITED STATES,
SHALL BE ADMITTED TO ANY SHARE OR PART OF THIS LEASE OR TO ANY BENEFIT
THAT MAY ARISE THEREFROM.
15. INCONSISTENT TERMS. IN CASE OF ANY CONFLICT BETWEEN THESE
PROVISIONS AND ANY OTHER PROVISIONS OF THIS LEASE, SUCH OTHER PROVISIONS
SHALL CONTROL.
1. UNITED STATES NAVY PERSONNEL WILL BE PERMITTED TO OBSERVE THE
TESTS. DATES AND DETAILS WILL BE FURNISHED IN DUE COURSE BY THE LESSEE
GOVERNMENT.
2. THE LESSEE GOVERNMENT WILL PROVIDE A COPY OF THE "PLAN OF TEST"
AND THE "TEST REPORT" TO THE ABCA-4 PROJECT OFFICER AT HEADQUARTERS,
NAVAL ELECTRONIC SYSTEMS COMMAND, WASHINGTON, D.C.
3. THE LESSEE GOVERNMENT AGREES THAT IT SHALL NOT DISCLOSE, DISPOSE
OF, OR PERMIT USE OF ANY PLANS, SPECIFICATIONS, OR INFORMATION
PERTAINING TO THE DEFENSE ARTICLE LEASED, EXCEPT TO THE EXTENT
AUTHORIZED BY THE UNITED STATES NAVY.
4. THE DEFENSE ARTICLE IS LEASED FOR DEFENSE INFORMATION AND TEST
AND EVALUATION PURPOSES ONLY.
UNITED KINGDOM 28 MAR 1969 FLITE DOCUMENT NO. 7950050
LETTER OF AMENDMENT EXECUTED 28 MARCH 1969.
LETTER OF AMENDMENT REGARDING COOPERATION OF THE USE OF ATOMIC ENERGY
FOR MUTUAL DEFENSES PURPOSES.
AMENDS AGREEMENT OF COOPERATION ON THE USE OF ATOMIC ENERGY FOR
MUTUAL DEFENSE PURPOSES OF 3 JULY 1958.
HIS EXCELLENCY
THE RIGHT HONORABLE
JOHN FREEMAN H.B.E.
BRITISH AMBASSADOR
3100 MASSACHUSETTS AVENUE
WASHINGTON, D.C.
DEAR MR. AMBASSADOR:
IN ORDER TO CLARIFY QUESTIONS WHICH HAVE BEEN RAISED IN OUR
DISCUSSIONS WITH THE JOINT COMMITTEE ON ATOMIC ENERGY ON THE AMENDMENT
SIGNED IN WASHINGTON ON SEPTEMBER 27, 1968, TO THE AGREEMENT BETWEEN THE
GOVERNMENT OF THE UNITED STATES OF AMERICA AND THE GOVERNMENT OF THE
UNITED KINGDOM ON THE USES OF ATOMIC ENERGY FOR MUTUAL DEFENSE PURPOSES,
AS AMENDED, I WISH TO RECORD THE UNDERSTANDING OF THE UNITED STATES
GOVERNMENT THAT THE MATERIAL PROVIDED FOR IN THAT AMENDMENT WILL BE
SUPPLIED FOR USE AS FUEL
(A) IN UNITED KINGDOM SUBMARINE REACTORS, OR
(B) IN TESTING AND TRAINING APPLICATIONS DEVOTED EXCLUSIVELY TO
UNITED KINGDOM SUBMARINE REACTORS,
AND FOR NO OTHER PURPOSE.
IT IS ALSO THE UNDERSTANDING OF THE UNITED STATES GOVERNMENT THAT
DISSEMINATION TO OTHER NATIONS OR INTERNATIONAL ORGANIZATIONS OF ANY
INFORMATION TRANSFERRED BY THE UNITED STATES TO THE UNITED KINGDOM UNDER
ARRANGEMENTS FOR COOPERATION IN NAVAL NUCLEAR PROPULSION IS SUBJECT TO
THE PROVISIONS OF ARTICLE VII OF THE AFORESAID AGREEMENT, WHICH READS AS
FOLLOWS:
"NOTHING IN THIS AGREEMENT SHALL BE INTERPRETED OR SHALL OPERATE AS A
BAR OR RESTRICTION TO CONSULTATION OR COOPERATION IN ANY FIELD OF
DEFENSE BY EITHER PARTY WITH OTHER NATIONS OR INTERNATIONAL
ORGANIZATIONS. NEITHER PARTY, HOWEVER, SHALL COMMUNICATE CLASSIFIED
INFORMATION OR TRANSFER OR PERMIT ACCESS TO OR USE OF MATERIALS, OR
EQUIPMENT, MADE AVAILABLE BY THE OTHER PARTY PURSUANT TO THIS AGREEMENT
TO ANY NATION OR INTERNATIONAL ORGANIZATION UNLESS:
A. IT IS NOTIFIED BY THE OTHER PARTY THAT ALL APPROPRIATE PROVISIONS
AND REQUIREMENTS OF SUCH OTHER PARTY'S APPLICABLE LAWS, INCLUDING
AUTHORIZATION BY COMPETENT BODIES OF SUCH OTHER PARTY, HAVE BEEN
COMPLIED WITH AS NECESSARY TO AUTHORIZE SUCH OTHER PARTY DIRECTLY SO TO
COMMUNICATE TO, TRANSFER TO OR PERMIT ACCESS TO OR USE BY SUCH OTHER
NATION OR INTERNATIONAL ORGANIZATION; AND FURTHER THAT SUCH OTHER PARTY
AUTHORIZES THE RECIPIENT PARTY SO TO COMMUNICATE TO, TRANSFER TO OR
PERMIT ACCESS TO OR USE BY SUCH OTHER NATION OR INTERNATIONAL
ORGANIZATION; OR
B. IN THE CASE OF COMMUNICATION OF CLASSIFIED INFORMATION AND ACCESS
TO MATERIALS OR EQUIPMENT, SUCH OTHER PARTY HAS INFORMED THE RECIPIENT
PARTY THAT SUCH OTHER PARTY HAS SO COMMUNICATED SUCH CLASSIFIED
INFORMATION TO, OR PERMITTED ACCESS TO SUCH MATERIALS OR EQUIPMENT BY,
SUCH OTHER NATION OR INTERNATIONAL ORGANIZATION; OR
C. IN THE CASE OF MATERIAL WHICH HAS LOST ITS IDENTITY AS A RESULT OF
COMMINGLING WITH OTHER MATERIAL OF THE RECIPIENT PARTY, THE RECIPIENT
PARTY RETAINS AN AMOUNT UNDER ITS JURISDICTION EQUIVALENT TO THAT MADE
AVAILABLE TO IT BY THE OTHER PARTY UNDER THIS AGREEMENT,"
THE PROVISIONS OF ARTICLE VII OF THE AGREEMENT WOULD, OF COURSE,
APPLY TO RETRANSFER OF UNITED STATES NAVAL NUCLEAR PROPULSION
INFORMATION FOR ANY PURPOSE WHETHER MILITARY OR CIVIL.
I WOULD APPRECIATE YOUR CONFIRMATION THAT THE UNDERSTANDING OF THE
GOVERNMENT OF THE UNITED KINGDOM ON THESE TWO POINTS IS THE SAME AS THAT
OF THE UNITED STATES GOVERNMENT AS INDICATED ABOVE.
EXCELLENEY:
I HAVE THE HONOR TO ACKNOWLEDGE THE RECEIPT OF YOUR NOTE NO. 71 OF
MARCH 28, 1969, AND CONFIRM THAT THE AMENDMENT, SIGNED AT WASHINGTON ON
SEPTEMBER 27, 1968, TO THE AGREEMENT BETWEEN THE GOVERNMENT OF THE
UNITED STATES OF AMERICA AND THE GOVERNMENT OF THE UNITED KINGDOM OF
GREAT BRITAIN AND NORTHERN IRELAND FOR COOPERATION ON THE USES OF ATOMIC
ENERGY FOR MUTUAL DEFENSE PURPOSES OF JULY 3, 1958, AS AMENDED, ENTERED
INTO FORCE ON MARCH 20, 1969, THE DATE OF RECEIPT OF YOUR NOTE.
ACCEPT, EXCELLENCY, THE RENEWED (WORD OMITTED) OF MY HIGHEST
CONSIDERATION. (LINES OMITTED) AMENDMENT.
ACCEPT, EXCELLENCY, THE RENEWED ASSURANCES OF MY HIGHEST
CONSIDERATION.
NO. 71
SIR,
I HAVE THE HONOUR TO ACKNOWLEDGE THE RECEIPT OF YOUR NOTE OF THE 28TH
OF MARCH, 1969, INFORMING THE GOVERNMENT OF THE UNITED KINGDOM OF GREAT
BRITAIN AND NORTHERN IRELAND THAT, IN ACCORDANCE WITH ARTICLE 4 OF THE
AMENDMENT, SIGNED AT WASHINGTON ON SEPTEMBER 27, 1968, TO THE AGREEMENT
BETWEEN THE GOVERNMENT OF THE UNITED KINGDOM OF GREAT BRITAIN AND
NORTHERN IRELAND AND THE GOVERNMENT OF THE UNITED STATES OF AMERICA FOR
CO-OPERATION ON THE USES OF ATOMIC ENERGY FOR MUTUAL DEFENSE PURPOSES OF
JULY 3, 1968, AS AMENDED, THE GOVERNMENT OF THE UNITED STATES HAS
COMPLIED WITH ALL STATUTORY AND CONSTITUTIONAL REQUIREMENTS FOR THE
ENTRY INTO FORCE OF THIS AMENDMENT.
I AM PLEASED TO NOTIFY YOU THAT ALL STATUTORY AND CONSTITUTIONAL
REQUIREMENTS FOR THE ENTRY INTO FORCE OF THE AMENDMENT IN QUESTION HAVE
BEEN COMPLIED WITH BY THE GOVERNMENT OF THE UNITED KINGDOM OF GREAT
BRITAIN AND NORTHERN IRELAND AND THAT CONSEQUENTLY, IN ACCORDANCE WITH
ARTICLE 4, THE AMENDMENT ENTERS INTO FORCE ON THE DATE OF RECEIPT OF
THIS NOTE.
I AVAIL MYSELF OF THIS OPPORTUNITY TO RENEW TO YOU, SIR, THE
ASSURANCE OF MY HIGHEST CONSIDERATION.
THE HONORABLE
WILLIAM P. HOPOM,
SECRETARY OF (WORD OMITTED) OF THE
UNITED STATES OF AMERICA,
WASHINGTON, D.C.
EXCELLENCY:
I REFER TO THE AMENDMENT, SIGNED AT WASHINGTON ON SEPTEMBER 27, 1968,
TO THE AGREEMENT BETWEEN THE GOVERNMENT OF THE UNITED STATES OF AMERICA
AND THE GOVERNMENT OF THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN
IRELAND FOR COOPERATION ON THE USES OF ATOMIC ENERGY FOR MUTUAL DEFENSE
PURPOSES OF JULY 3, 1968, AS AMENDED.
ARTICLE 4 OF THE AMENDMENT PROVIDES THAT "THIS AMENDMENT, WHICH SHALL
BE REGARDED AS AN INTEGRAL PART OF THE AGREEMENT FOR COOPERATION, SHALL
ENTER INTO FORCE ON THE DATE ON WHICH EACH GOVERNMENT SHALL HAVE
RECEIVED FROM THE OTHER GOVERNMENT WRITTEN NOTIFICATION THAT IT HAS
COMPLIED WITH ALL STATUTORY AND CONSTITUTIONAL REQUIREMENTS FOR THE
ENTRY INTO FORCE OF THIS AMENDMENT." IN ACCORDANCE WITH THIS ARTICLE, I
AM PLEASED TO STATE THAT THE GOVERNMENT OF THE UNITED STATES HAS NOW
COMPLETED ALL STATUTORY AND CONSTITUTIONAL REQUIREMENTS FOR ENTRY INTO
FORCE OF THE
HIS EXCELLENCY
THE RIGHT HONORABLE
JOHN (WORD OMITTED), H.B.S.,
BRITISH AMBASSADOR.
IN RESPONSE TO YOUR LETTER OF MARCH 28, I WISH TO CONFIRM TO YOU THAT
IT IS THE UNDERSTANDING OF THE GOVERNMENT OF THE UNITED KINGDOM THAT THE
MATERIAL PROVIDED FOR IN THE AMENDMENT SIGNED ON SEPTEMBER 27, 1968, TO
THE AGREEMENT BETWEEN THE GOVERNMENT OF THE UNITED STATES OF AMERICA AND
THE GOVERNMENT OF THE UNITED KINGDOM FOR CO-OPERATION ON THE USES OF
ATOMIC ENERGY FOR MUTUAL DEFENCE PURPOSES, AS AMENDED, WILL BE SUPPLIED
FOR USE AS FUEL
(A) IN UNITED KINGDOM SUBMARINE REACTORS, OR
(B) IN TESTING AND TRAINING APPLICATIONS DEVOTED EXCLUSIVELY TO
UNITED KINGDOM SUBMARINE REACTORS,
AND FOR NO OTHER PURPOSE.
IT IS ALSO THE UNDERSTANDING OF THE GOVERNMENT OF THE UNITED KINGDOM
THAT DISSEMINATION TO OTHER NATIONS OR INTERNATIONAL ORGANIZATIONS OF
ANY INFORMATION TRANSFERRED BY THE UNITED STATES TO THE UNITED KINGDOM
UNDER ARRANGEMENTS FOR COOPERATION IN NAVAL NUCLEAR PROPULSION IS
SUBJECT TO THE PROVISIONS OF ARTICLE VII OF THE AFORESAID AGREEMENT,
WHICH READS AS FOLLOWS:
"NOTHING IN THIS AGREEMENT SHALL BE INTERPRETED OR SHALL OPERATE AS A
BAR OR RESTRICTION TO CONSULTATION OR COOPERATION IN ANY FIELD OF
DEFENSE BY EITHER PARTY WITH OTHER NATIONS OR INTERNATIONAL
ORGANIZATIONS. NEITHER PARTY, HOWEVER, SHALL COMMUNICATE CLASSIFIED
INFORMATION OR TRANSFER OR PERMIT ACCESS TO OR USE OF MATERIALS, OR
(WORD OMITTED), MADE AVAILABLE BY THE OTHER PARTY PURSUANT TO THIS
AGREEMENT TO ANY NATION OR INTERNATIONAL ORGANIZATION UNLESS:
THE HONORABLE
MARTIN J. HILLEBRAND,
ASSISTANT (WORD OMITTED) OF STATE
FOR (WORDS OMITTED) (LINE OMITTED)
WASHINGTON, D.C.
A. - IT IS NOTIFIED BY THE OTHER PARTY THAT ALL APPROPRIATE
PROVISIONS AND REQUIREMENTS OF SUCH OTHER PARTY'S APPLICABLE LAWS,
INCLUDING AUTHORIZATION BY COMPETENT BODIES OF SUCH OTHER PARTY, HAVE
BEEN COMPLIED WITH AS NECESSARY TO AUTHORIZE SUCH OTHER PARTY DIRECTLY
SO TO COMMUNICATE TO, TRANSFER TO OR PERMIT ACCESS TO OR USE BY SUCH
OTHER NATION OR INTERNATIONAL ORGANISATION; AND FURTHER THAT SUCH OTHER
PARTY AUTHORIZES THE RECIPIENT PARTY SO TO COMMUNICATE TO, TRANSFER TO
OR PERMIT ACCESS TO OR USE BY SUCH OTHER NATION OR INTERNATIONAL
ORGANISATION; OR
B. - IN THE CASE OF COMMUNICATION OF CLASSIFIED INFORMATION AND
ACCESS TO MATERIALS OR EQUIPMENT, SUCH OTHER PARTY HAS INFORMED THE
RECIPIENT PARTY THAT SUCH OTHER PARTY HAS SO COMMUNICATED SUCH
CLASSIFIED INFORMATION TO, OR PERMITTED ACCESS TO SUCH MATERIALS OR
EQUIPMENT BY, SUCH OTHER NATION OR INTERNATIONAL ORGANISATION; OR
C. - IN THE CASE OF MATERIAL WHICH HAS LOST ITS IDENTITY AS A RESULT
OF COMMINGLING WITH OTHER MATERIAL OF THE RECIPIENT PARTY, THE RECIPIENT
PARTY RETAINS AN AMOUNT UNDER ITS JURISDICTION EQUIVALENT TO THAT MADE
AVAILABLE TO IT BY THE OTHER PARTY UNDER THIS AGREEMENT."
THE PROVISIONS OF ARTICLE VII OF THE AGREEMENT WOULD, OF COURSE,
APPLY TO RETRANSFER OF UNITED STATES NAVAL NUCLEAR PROPULSION
INFORMATION FOR ANY PURPOSE WHETHER MILITARY OR CIVIL.
CHINA, REPUBLIC OF 10 NOV 1973 FLITE DOCUMENT NO. 7950049
MEMORANDUM OF AGREEMENT EXECUTED 10 NOVEMBER 1973.
MEMORANDUM OF AGREEMENT GOVERNING THE USE OF THE FACILITIES AT LO
SHAN, TAIWAN.
1. THIS AGREEMENT, MADE AND ENTERED INTO THIS 10TH DAY OF NOVEMBER
1973, BY AND BETWEEN THE CONTROL REPORT CENTER (CRC) AND THE U.S. ARMY
COMMUNICATIONS COMMAND, SIGNAL SUPPORT AGENCY, TAIWAN, GOVERNS THE USE
OF THE FACILITIES AT LO SHAN, TAIWAN.
2. OST ORGANIZATION: CONTROL REPORT CENTER (CRC)
3. TENANT: USACC SIGNAL SUPPORT AGENCY-TAIWAN
4. FACILITIES TO BE USED: (SEE ATTACHED DIAGRAM)
A. ENTIRE "A" BUILDING: MESS HALL AND DAY ROOM
B. ENTIRE "B" BUILDING: TROOP LIVING QUARTERS
C. ONE HALF OF "C" BUILDING: GAME ROOM
D. ENTIRE "D" BUILDING: FOOD STORAGE
E. ENTIRE "E" BUILDING: PAINT STORAGE SHED
F. ENTIRE "F" STORAGE TANK: DIESEL FUEL (US GOVERNMENT PROPERTY)
G. ENTIRE "G" BUILDING: GENERATOR SHELTER (US GOVERNMENT PROPERTY)
H. BUILDING "H" 2ND FLOOR RADAR TOWER: EQUIPMENT OPERATIONS
5. THE HOST HEREBY AGREES THAT:
A. THE FACILITIES MENTIONED IN THE ABOVE PARAGRAPHS ARE TO BE
FURNISHED TO THE TENANT FREE OF CHARGE AND WITHOUT PRESENT OR FUTURE
LIABILITIES, INCLUDING CLAIMS INCIDENT TO THE USE THEREOF.
B. THE TENANT SHALL BE PERMITTED TO MAKE STRUCTURAL, ELECTRICAL,
WATER AND DRAINAGE MODIFICATIONS TO THE SAID STRUCTURES, AS DEEMED
NECESSARY. THE TENANT WILL PERFORM ALL NECESSARY RENOVATIONS, WITH
PRIOR WRITTEN NOTIFICATION FORWARDED TO THE CONTROL REPORT CENTER (CRC)
TAIWAN.
C. TENANT WILL BE PERMITTED TO INSTALL FIRST AID FIRE EXTINGUISHERS,
AT LOCATIONS THROUGHOUT THE FACILITIES FOR EMERGENCY USE. THESE
EXTINGUISHERS WILL REMAIN THE PROPERTY OF THE U.S. ARMY.
D. TENANT WILL BE PERMITTED TO INSTALL EMERGENCY POWER, AUXILIARY
GENERATOR POWER TO THE BUILDINGS AS DEEMED NECESSARY FOR EQUIPMENT
OPERATION AND TROOP WELFARE. THESE UNITS WILL NOT HAVE THE CAPABILITY
TO BE PLACED IN PARALLEL WITH SITE PRIMARY POWER SOURCE.
E. TENANT WILL BE ALLOCATED OPEN STORAGE FOR POL IN SUPPORT OF THE
EMERGENCY POWER UNITS.
F. THE HOST WILL PROVIDE, AS COMMON SERVICE WITH MUTUAL AGREEMENT
WITH LOCAL FIRE DEPARTMENT, FIRE PREVENTION SERVICE, TO INCLUDE FIRE
FIGHTING EQUIPMENT, WHEN REQUIRED.
G. THE HOST WILL FURNISH ELECTRICITY AND WATER TO THE TENANT.
REIMBURSEMENT FOR UTILITIES WILL BE COMPUTED ON THE ACTUAL METER
READINGS OF KILOWATTS USED BY THE TENANT TO OPERATE EQUIPMENT
EFFICIENTLY.
H. THE HOST WILL PROVIDE EMERGENCY MEDICAL SERVICE WITHIN ITS
CAPABILITY, TO INCLUDE AIR EVACUATION SERVICE.
I. ALL EQUIPMENT INSTALLED BY THE TENANT SHALL REMAIN THE PROPERTY OF
THE U.S. GOVERNMENT, TO INCLUDE ALL INSTALLED REAL PROPERTY SUCH AS;
HOT WATER HEATERS, ROOM HEATERS, ADDITIONAL LIGHTING, ETC; IN
ACCORDANCE WITH PROVISIONS OF ARTICLE V OF THE STATUS OF FORCES
AGREEMENT.
J. THIS AGREEMENT SHALL BE REVIEWED ANNUALLY BY BOTH PARTIES, AT
WHICH TIME IT WILL BE AUTOMATICALLY RENEWED, UNLESS IT IS UNACCEPTABLE
BY EITHER PARTY.
COL HAN, CHEW
CONTROL REPORT CENTER
LO SHAN, TAIWAN
CHINA, REPUBLIC OF 20 OCT 1975 FLITE DOCUMENT NO. 7950048
MEMORANDUM OF UNDERSTANDING EXECUTED 20 OCTOBER 1975.
MEMORANDUM OF UNDERSTANDING RELATING TO ISSUE OF EXPORT LICENSE FOR
SMALL CALIBER AMMUNITION MODERNIZATION PROGRAM (SCAMP) EQUIPMENT.
IN RECOGNITION OF THE PURPOSES OF, AND SUBJECT TO THE PROVISIONS OF
THE MUTUAL DEFENSE TREATY BETWEEN THE REPUBLIC OF CHINA AND THE UNITED
STATES OF AMERICA, WHICH ENTERED INTO FORCE ON MARCH 3, 1955; AND IN
IMPLEMENTATION OF, AND SUBJECT TO THE PROVISIONS OF THE MUTUAL DEFENSE
ASSISTANCE AGREEMENT, AS AMENDED, BETWEEN THE TWO GOVERNMENTS, WHICH
ENTERED INTO FORCE ON FEBRUARY 9, 1951; REPRESENTATIVES OF THE MINISTRY
OF NATIONAL DEFENSE OF THE REPUBLIC OF CHINA AND OF THE DEPARTMENT OF
DEFENSE OF THE UNITED STATES, ACTING FOR THEIR RESPECTIVE GOVERNMENTS,
THIS 30 DAY OF OCT 1975, AGREE TO THE FOLLOWING:
1. ISSUE OF EXPORT LICENSE FOR SALE OF GULF & WESTERN SCAMP
EQUIPMENT TO THE GOVERNMENT OF THE REPUBLIC OF CHINA IS BASED ON THE
UNDERSTANDING THAT THIRD-COUNTRY SALE OF SCAMP-PRODUCED AMMUNITION IS
PROHIBITED WITHOUT PRIOR UNITED STATES GOVERNMENT CONSENT.
2. THIS MEMORANDUM OF UNDERSTANDING SHALL ENTER INTO FULL FORCE AND
EFFECT ON THE DATE ABOVE.
LO YU-LUN, GENERAL, CA
COMMAND IN CHIEF
COMBINED SERVICE FORCES
REPUBLIC OF CHINA
CHINA, REPUBLIC OF 12 MAY 1976 FLITE DOCUMENT NO. 7950047
AGREEMENT EXECUTED 12 MAY 1976.
AGREEMENT FOR THE EXPRESS PURPOSE OF PROVIDING FIRE PROTECTION AND
SECURITY FOR UNITED STATES MILITARY FACILITIES LOCATED WITHIN THE TAIPEI
AREA.
1. INTRODUCTION. THIS AGREEMENT IS ENTERED INTO FOR THE EXPRESS
PURPOSE OF PROVIDING FIRE PROTECTION AND SECURITY FOR UNITED STATES
MILITARY FACILITIES LOCATED WITHIN THE TAIPEI AREA. ALL PRIOR
AGREEMENTS EXISTING BETWEEN THE PARTIES IN REGARD TO THIS SUBJECT MATTER
ARE HEREBY SUPERSEDED AND CANCELLED. SINCE THIS AGREEMENT IS IN
FURTHERANCE OF THE AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND
THE REPUBLIC OF CHINA, (1965), AND IN PARTICULAR ARTICLES II AND III OF
THAT AGREEMENT, IT IS UNDERSTOOD AND AGREED BY BOTH PARTIES THAT THE
STATUS OF FORCES AGREEMENT WILL CONTROL THE INTERPRETATION OF THE
PROVISIONS CONTAINED HEREIN, AS WELL AS THE INTERPRETATION OF ANY
SUBSIDIARY AGREEMENTS HEREUNDER CONCLUDED.
2. PARTIES. THE TWO PRINCIPAL PARTIES TO THIS AGREEMENT ARE THE
TAIPEI MUNICIPAL POLICE HEADQUARTERS, A UNIT WITHIN THE TAIPEI MUNICIPAL
GOVERNMENT OF THE REPUBLIC OF CHINA, AND THE HEADQUARTERS SUPPORT
ACTIVITY, TAIPEI, (HEDSUPPACT), A UNIT WITHIN THE UNITED STATES ARMED
FORCES.
3. PURPOSE. THE PRIMARY PURPOSE OF ESTABLISHING THE CHUNG SHAN FIRE
DETACHMENT (STATION) WITHIN THE HEDSUPPACT COMPOUND WILL BE TO PROTECT
THE SAFETY OF THE CHUNG SHAN DISTRICT OF THE TAIPEI CITY, AND TO PROVIDE
FIRE SECURITY FOR THE NEARBY U.S. MILITARY FACILITIES IN THE TAIPEI
AREA, INCLUDING:
A. HEDSUPPACT EAST, WEST AND SIGNAL COMPOUNDS.
B. COMMANDER UNITED STATES TAIWAN DEFENSE COMMAND (COMUSTDC).
C. MILITARY ASSISTANCE ADVISORY GROUP OFFICERS' CLUB, TAIPEI
(MAAGOOMT).
D. CHINA SEAS CLUB.
E. LINKOU CLUB, TAIPEI.
THIS DETACHMENT SHALL ORGANIZE SHIFTS AND PROVIDE INSTRUCTIONS SO AS
TO INSURE AN IMMEDIATE RESPONSE TO A FIRE AT ANY OF THE ABOVE MILITARY
FACILITIES AT ALL TIMES.
4. MANNING. THE HEDSUPPACT FIRE STATION WILL BE MANNED BY A
DETACHMENT OF THE TAIPEI MUNICIPAL POLICE HEADQUARTERS FIRE BRIGADE
WHICH SHALL CONSIST OF NOT LESS THAN 13 CHINESE FIRE FIGHTERS COMPOSED
OF AT LEAST THREE, FOUR MEN FIRE TEAMS AND A FIRE CAPTAIN. IN ORDER TO
INSURE OPERATIONAL EFFICIENCY, AT LEAST ONE OF THE CHINESE FIRE FIGHTERS
IN EACH TEAM SHALL BE PROFICIENT IN THE USE OF THE ENGLISH LANGUAGE AND
AT LEAST 2 CHINESE FIRE FIGHTERS IN EACH DUTY SECTION WILL HAVE CURRENT
U.S. GOVERNMENT DRIVERS LICENSE. ALTHOUGH SERVING ON UNITED STATES
MILITARY FACILITIES, THESE CHINESE FIRE FIGHTERS AS WELL AS ALL OTHER
PERSONNEL PROVIDED VIA THE TAIPEI MUNICIPAL POLICE HEADQUARTERS WILL BE
CONSIDERED IN ALL RESPECTS TO BE EMPLOYEES OF THE TAIPEI MUNICIPAL
POLICE HEADQUARTERS FIRE HEADQUARTERS FIRE BRIGADE.
5. CONTROL. DURING EMERGENCIES AT U.S. MILITARY FACILITIES, OVERALL
CONTROL AND DIRECTION OF THE FIRE FIGHTING EFFORT WILL BE MAINTAINED BY
THE HEDSUPPACT FIRE CHIEF. WHEN RESPONDING TO EMERGENCIES IN THE CITY
OF TAIPEI, CONTROL WILL BE MAINTAINED BY THE COMMANDER OF THE TAIPEI
MUNICIPAL POLICE HEADQUARTERS FIRE BRIGADE SUPERINTENDENT, WITH THE
HEDSUPPACT, FIRE CHIEF ACTING IN AN ADVISORY STATUS.
A. THE CHINESE FIRE FIGHTERS WILL FOLLOW THEIR STANDARD OPERATING
SCHEDULE IN REGARD TO THE DUTY HOURS AND TIME OFF, PROVIDED THAT THE
FIRE DETACHMENT (STATION) IS MANNED BY A MINIMUM OF EIGHT FIRE FIGHTERS
AT ALL TIMES. A COPY OF THE WATCH SCHEDULE AND DAILY ROUTINE WILL BE
PROVIDED TO THE HEDSUPPACT FIRE CHIEF.
B. THE SERVICE, IN ADDITION TO RESPONDING TO EMERGENCIES, SHALL
INCLUDE THE FIRE PREVENTION WORK AND OTHER FIRE PREVENTION SERVICES ON
U.S. MILITARY FACILITIES AND IN THE CHUNG SHAN DISTRICT OF THE TAIPEI
CITY.
C. CHINESE FIRE FIGHTERS MAY BE ROTATED AT THE DISCRETION OF THE
COMMAND OF TAIPEI MUNICIPAL POLICE HEADQUARTERS FIRE BRIGADE
SUPERINTENDENT PROVIDED THE RATE OF TURNOVER OF PERSONNEL IS MINIMAL.
6. SUPPORT
A. U.S. MILITARY PERSONNEL UNDER THE CONTROL OF THE COMMANDING
OFFICER, HEDSUPPACT, TAIPEI WILL BE ORGANIZED AND TRAINED IN FIRE
PREVENTION AND DISASTER CONTROL. IN CASE OF FIRE IN A U.S. MILITARY
COMPOUND, AMERICAN VOLUNTEER FIRE FIGHTERS SHALL SUPPORT THE OPERATION
OF THE PERSONNEL OF THE FIRE STATION DURING NORMAL WORKING HOURS AS
DIRECTED BY COMMANDING OFFICER, HEDSUPPACT OR HIS DESIGNATED
REPRESENTATIVE.
B. FIRE PREVENTION INSPECTIONS SHALL BE CONDUCTED IN ACCORDANCE WITH
HEDSUPPACT 11320.1E.
C. THE HEDSUPPACT SHALL BUDGET AND PUBLICIZE FIRE PREVENTION
INFORMATION.
D. ALL FIRE FIGHTING OPERATIONS IN U.S. MILITARY FACILITIES SHALL BE
UNDER THE DIRECTION OF THE REPRESENTATIVE APPROVED BY THE COMMANDING
OFFICER, HEDSUPPACT. THIS REPRESENTATIVE WILL NORMALLY BE THE
HEDSUPPACT FIRE CHIEF.
7. EQUIPMENT. TWO FIRE TRUCKS AND ASSOCIATED FIRE FIGHTING
EQUIPMENT AND ONE LOGISTICS TRUCK WILL BE PROVIDED BY HEDSUPPACT AND
WILL BE DRIVEN BY CHINESE FIRE FIGHTERS WHO HAVE CURRENT U.S. GOVERNMENT
DRIVERS LICENSE. VEHICLES OTHER THAN FIRE TRUCKS WILL BE PROVIDED BY
HEDSUPPACT MOTOR POOL ON AN AS NEEDED BASIS. THE UPKEEP, REPAIR AND
MAINTENANCE FOR THE FIRE FIGHTING EQUIPMENT PROVIDED TO THE FIRE
DETACHMENT (STATION) SHALL BE ASSUMED BY THE PARTY WHO POSSESSES THE
OWNERSHIP OF SUCH EQUIPMENT.
8. FIRE DETACHMENT (STATION)
A. A TEMPORARY FIRE DETACHMENT (STATION) WILL BE LOCATED IN BUILDING
#713 OF THE HEDSUPPACT EAST COMPOUND. FACILITIES TO BE PROVIDED BY
HEDSUPPACT INCLUDE OFFICE, MESSING, BERTHING, TOILET AND SHOWER AREAS,
UTILITIES, OFFICE EQUIPMENT, BEDS, OTHER REQUIRED FURNISHINGS AND
JANITORIAL SUPPLIES. THE KITCHEN IS EQUIPPED WITH A GAS RANGE AND A
REFRIGERATOR. A COOK MAY BE HIRED BY THE TAIPEI MUNICIPAL POLICE
HEADQUARTERS. MEAL-MISSING COMPENSATION FOR FIRE FIGHTERS DURING
EMERGENCIES WILL BE REIMBURSED BY THE CHINESE SIDE. THE HEDSUPPACT
MASTER AT ARMS WILL PROVIDE CLEAN BED LINEN ON A REGULAR BASIS. OTHER
LAUNDRY SERVICES WILL BE PROVIDED BY THE TAIPEI MUNICIPAL POLICE
HEADQUARTERS. UNIFORMS WILL BE PROVIDED AND MAINTAINED BY CHINESE
PERSONNEL AND WORN IN ACCORDANCE WITH CURRENT CHINESE DIRECTIVE.
B. HEDSUPPACT SHALL PROVIDE THE TAIPEI MUNICIPAL POLICE HEADQUARTERS
300 PINGS OF LAND WITHIN THE EAST COMPOUND FACING THE ENTRANCE TO LIN
SHENG NORTH ROAD FOR THE PURPOSE OF BUILDING A TWO-STORY FIRE STATION
BUILDING. TAIPEI MUNICIPAL POLICE HEADQUARTERS SHALL BUILD THIS FIRE
STATION BUILDING AND SHALL POSSESS THE OWNERSHIP AND RIGHT OF USAGE OF
THE SAID FIRE STATION. THE FURNISHINGS PRESENTLY IN THE TEMPORARY FIRE
STATION WILL BE TRANSFERRED TO THE NEW FIRE STATION, INCLUDING OFFICE
EQUIPMENT, DESKS, BEDS, GAS RANGE AND REFRIGERATOR. UTILITIES, TO
INCLUDE ELECTRICITY AND WATER AND JANITORIAL SUPPLIES WILL BE PAID FOR
BY THE TAIPEI MUNICIPAL POLICE HEADQUARTERS, EXCEPT FOR THAT PORTION
USED IN SUPPORT OF HEDSUPPACT PERSONNEL AND OFFICES IN THE BUILDING. IF
DESIRED, JANITORIAL SUPPLIES WILL BE PROVIDED BY HEDSUPPACT ON A
REIMBURSABLE BASIS. THE HEDSUPPACT MASTER AT ARMS OFFICE WILL CONTINUE
TO PROVIDED CLEAN BED LINEN ON THE SAME BASIS. MAINTENANCE AND REPAIR
OF THE FIRE STATION BUILDING SHALL BE THE RESPONSIBILITY OF THE TAIPEI
MUNICIPAL POLICE HEADQUARTERS.
9. COMMUNICATIONS. FIRE CALLS WILL BE PROMPTLY REPORTED TO THE
PROVOST MARSHAL'S OFFICE LOCATED AT HEDSUPPACT WEST COMPOUND AND RELAYED
TO THE FIRE DETACHMENT (STATION) BY A DIRECT LINE TELEPHONE. BILINGUAL
PERSONNEL ARE ON DUTY AT THE ARMED SERVICES POLICE DESK (PMO) AT ALL
TIMES. ADDITIONAL COMMUNICATIONS WILL BE PROVIDED TO MAINTAIN CONTACT
WITH THE HEDSUPPACT FIRE CHIEF AT ALL TIMES AS FOLLOWS:
A. A TAIWAN TELECOMMUNICATIONS ADMINISTRATION/TAIPEI MILITARY
EXCHANGE (TTA/TME) TELEPHONE WILL BE INSTALLED IN THE FIRE STATION.
B. FIRE TRUCKS AT THE FIRE DETACHMENT (STATION) SHALL BE EQUIPPED
WITH RADIOS ON MC 157,650 FREQUENCY SO AS TO COMMUNICATE DURING TIME OF
FIRE WITH TAIPEI MUNICIPAL POLICE HEADQUARTERS FIRE BRIGADE. A PORTABLE
MOTOROLA RADIO UNIT, HANDIE-TALKIE H23 DEN OR SIMILAR EQUIPMENT, ON THE
HEDSUPPACT, PROVOST MARSHAL'S OFFICE FREQUENCY WILL BE PROVIDED TO THE
HEDSUPPACT FIRE CHIEF FOR HAND CARRY OR VEHICLE INSTALLATION.
10. TRAINING. HEDSUPPACT FIRE DEPARTMENT PERSONNEL SHALL PROVIDE
ENGLISH LANGUAGE INSTRUCTION AND DRIVER TRAINING TO THE CHINESE FIRE
FIGHTERS. THE CHINESE FIRE CAPTAIN SHALL SCHEDULE THE AFOREMENTIONED
TWO TYPES OF TRAINING AND PUBLISH THIS SCHEDULE AFTER COORDINATION WITH
THE HEDSUPPACT FIRE CHIEF. OTHER TRAINING SCHEDULES FOR THE CHINESE
FIRE FIGHTERS, SUCH AS CLASSROOM WORK, DEMONSTRATIONS, DRILLS, ETC.,
SHALL BE DETERMINED BY THE CHINESE FIRE CAPTAIN IN CONJUNCTION WITH THE
HEDSUPPACT FIRE CHIEF.
11. PLANS. DETAILED FIRE FIGHTING PLANS FOR THE BUILDINGS AND
GROUNDS FOR THE U.S. MILITARY FACILITIES LISTED IN PARAGRAPH 3 WILL BE
PROVIDED TO THE TAIPEI MUNICIPAL POLICE HEADQUARTERS FIRE BRIGADE
SUPERINTENDENT BY HEDSUPPACT.
12. CLAIMS. CLAIMS FOR DAMAGE TO PROPERTY, FOR PERSONAL INJURY OR
FOR DEATH, ARISING OUT OF THE IMPLEMENTATION OF THIS AGREEMENT SHALL BE
PROCESSED IN ACCORDANCE WITH ARTICLE 15 OF THE AGREEMENT BETWEEN THE
UNITED STATES OF AMERICA AND THE REPUBLIC OF CHINA ON THE STATUS OF THE
UNITED STATES ARMED FORCES IN THE REPUBLIC OF CHINA, (1965).
13. MEDICAL TREATMENT. MEDICAL TREATMENT OF ALL FIRE FIGHTERS
PROVIDED BY THE TAIPEI MUNICIPAL POLICE HEADQUARTERS IN THE
IMPLEMENTATION OF THIS AGREEMENT, AND WHO WOULD NOT OTHERWISE BE
ENTITLED TO MEDICAL TREATMENT AT MEDICAL FACILITIES OF THE UNITED STATES
ARMED FORCES, WILL BE PROVIDED MEDICAL TREATMENT BY CHINESE MEDICAL
FACILITIES AT THE EXPENSE OF THE TAIPEI MUNICIPAL POLICE HEADQUARTERS.
IN EMERGENCY SITUATIONS, SUCH PERSONS MAY RECEIVE TREATMENT AT MEDICAL
FACILITIES OF THE UNITED STATES ARMED FORCES WITH THE UNDERSTANDING THAT
THE TAIPEI MUNICIPAL POLICE HEADQUARTERS WILL REIMBURSE THE GOVERNMENT
OF THE UNITED STATES FOR THE COST OF SUCH TREATMENT AS ESTABLISHED BY
APPROPRIATE UNITED STATES GOVERNMENT REGULATIONS AND AUTHORITIES.
14. COORDINATION. COORDINATION BETWEEN THE UNITED STATES AND
CHINESE AUTHORITIES WITH REGARD TO THE IMPLEMENTATION OF THIS AGREEMENT
WILL BE ACCOMPLISHED BY THE HEDSUPPACT FIRE CHIEF AND THE CHINESE FIRE
CAPTAIN. DIFFERENCES AND RECOMMENDATIONS CONCERNING FIRE SAFETY AND
FIRE FIGHTING SHALL BE REFERRED BY THE HEDSUPPACT FIRE CHIEF AND THE
CHINESE FIRE CAPTAIN TO THEIR APPROPRIATE, RESPECTIVE SUPERIORS.
HOWEVER, NOTHING IN THIS AGREEMENT SHALL IN ANY WAY REDUCE OR RESTRICT
THE AUTHORITY OF THE COMMANDING OFFICER OF ANY UNITED STATES MILITARY
FACILITY COMING UNDER THE TERMS OF THIS AGREEMENT TO ISSUE ORDERS OR
INSTRUCTIONS AS HE SEES FIT TO INSURE THE PROTECTION, SAFETY AND
WELL-BEING OF UNITED STATES PERSONNEL AND PROPERTY UNDER HIS CONTROL AND
COMMAND.
15. CANCELLATION AND RENEWAL
A. THIS AGREEMENT MAY BE CANCELLED BY EITHER PARTY, SIXTY (60) DAYS
SUBSEQUENT TO THE ISSUANCE OF WRITTEN NOTICE OF INTENT TO TERMINATE THIS
AGREEMENT.
B. EXCEPT AS NOTED IN PARAGRAPH 15A, THIS AGREEMENT SHALL BE VALID
FOR TWO (2) YEARS FROM ITS EFFECTIVE DATE WHICH SHALL BE THE DATE OF ITS
SIGNING BY BOTH PARTIES. IT WILL BE RENEWABLE FOR SIMILAR PERIODS OF
TIME, BUT ONLY WITH THE WRITTEN CONSENT OF BOTH PARTIES.
IN WITNESS WHEREOF, THE UNDERSIGNED REPRESENTATIVES OF THE TWO
PARTIES, HAVE SIGNED THIS AGREEMENT.
FOR HEADQUARTERS SUPPORT ACTIVITY, TAIPEI ON THIS 12 DAY OF MAY, 1976
COMMANDING OFFICER
HEADQUARTERS SUPPORT ACTIVITY,
TAIPEI, TAIWAN, REPUBLIC OF CHINA
SINGAPORE 17 AUG 1976 FLITE DOCUMENT NO. 7950046
LETTERS OF AGREEMENT EXECUTED 10 JUNE AND 17 AUGUST 1976.
LETTERS OF AGREEMENT REGARDING FURNISHING FEDERAL CATALOG DATA
SERVICES TO THE GOVERNMENT OF SINGAPORE.
SS
INSTALLATIONS AND LOGISTICS
MR. LIM SIONG GUAN
DIRECTOR LOGISTICS
MINISTRY OF DEFENCE
TANGLIN, SINGAPORE 10
DEAR MR. LIM:
IN ACCORDANCE WITH SECTION 21 OF THE FOREIGN MILITARY SALES ACT, THE
DEFENSE LOGISTICS SERVICES CENTER HAS BEEN AUTHORIZED TO FURNISH TO THE
GOVERNMENT OF SINGAPORE, THE FEDERAL CATALOG DATA AND CATALOGING
SERVICES SPECIFIED IN DEPARTMENT OF DEFENSE (DOD) 4130.2-M, DOD FEDERAL
CATALOG SYSTEM MANUAL, SECTION 8, DATED MARCH 1975, INCORPORATED HEREIN,
AND BY THIS REFERENCE MADE A PART HEREOF, AND ANY SUBSEQUENT REVISION,
CHANGE AND/OR ADDITION THERETO, SUBJECT TO AVAILABILITY, SUBJECT TO
FUTURE OPERATIONAL REQUIREMENTS OF THE DEFENSE LOGISTICS SERVICES
CENTER, AND SUBJECT TO THE CONDITIONS SET FORTH BELOW:
A. THE GOVERNMENT OF THE UNITED STATES RESERVES THE RIGHT OF
CANCELLING ALL OR ANY PART OF THIS AGREEMENT OR TRANSACTION HEREUNDER,
AT ANY TIME PRIOR TO DELIVERY, WHENEVER SUCH ACTION IS DEEMED NECESSARY
IN THE INTEREST OF THE UNITED STATES.
B. THE GOVERNMENT OF SINGAPORE AGREES THAT IT WILL OBTAIN THE CONSENT
OF THE GOVERNMENT OF THE UNITED STATES PRIOR TO THE DISPOSITION OF, OR
TRANSFER OF POSSESSION OF THE MATERIALS AND INFORMATION FURNISHED UNDER
THIS AGREEMENT. THE GOVERNMENT OF SINGAPORE AGREES THAT IT WILL NOT
PERMIT ACCESS TO THE INFORMATION FURNISHED EXCEPT TO ITS OWN AUTHORIZED
PERSONNEL OR AS SUBSEQUENTLY AUTHORIZED BY THE UNITED STATES DEPARTMENT
OF DEFENSE. TO THE EXTENT THAT INFORMATION FURNISHED UNDER THIS
AGREEMENT MAY BE CLASSIFIED BY THE GOVERNMENT OF THE UNITED STATES FOR
SECURITY PURPOSES, THE GOVERNMENT OF SINGAPORE AGREES TO MAINTAIN A
SIMILAR CLASSIFICATION AND TO EMPLOY AND MAINTAIN ALL MEASURES NECESSARY
TO PRESERVE SUCH SECURITY, EQUIVALENT TO THOSE EMPLOYED BY THE
GOVERNMENT OF THE UNITED STATES, THROUGHOUT A PERIOD COEQUAL WITH THAT
DURING WHICH THE GOVERNMENT OF THE UNITED STATES MAY MAINTAIN SECURITY
MEASURES. IT IS UNDERSTOOD AND AGREED THAT THE DISCLOSURE OF PATENTED
AND UNPATENTED INFORMATION UNDER THIS AGREEMENT DOES NOT CONVEY ANY
PRIVATE RIGHTS WHICH MAY EXIST IN SUCH INFORMATION AND THAT SUCH RIGHTS
WILL BE RESPECTED.
C. REQUESTS FOR FEDERAL CATALOG DATA AND CATALOGING SERVICES SHALL BE
PREPARED AND FORWARDED TO THE DEFENSE LOGISTICS SERVICES CENTER IN
ACCORDANCE WITH THE PROCEDURES CONTAINED IN DOD 4100.39-M, CHAPTER 2,
SECTION 7, DATED SEPTEMBER 1975, INCORPORATED HEREIN AND BY THIS
REFERENCE MADE A PART HEREOF, AND ANY REVISION, CHANGE, AND/OR ADDITION
THERETO, AND/OR IN ACCORDANCE WITH ANY SPECIAL INSTRUCTIONS FURNISHED TO
THE GOVERNMENT OF SINGAPORE FOR THIS PURPOSE BY THE DEFENSE LOGISTICS
SERVICES CENTER.
D. THE PRICES SET FORTH IN DOD 4130.2-M, DATED MARCH 1975, WILL BE
CHARGED TO THE GOVERNMENT OF SINGAPORE FOR THE FURNISHING OF THE FEDERAL
CATALOG DATA AND CATALOGING SERVICES AUTHORIZED UNDER THIS AGREEMENT.
THE PRICES QUOTED FOR THE SERVICES AND DATA TO BE PROVIDED BY THE
DEFENSE LOGISTICS SERVICES CENTER ARE BASED ON THE AVERAGE MACHINE AND
PERSONNEL COSTS REQUIRED TO PROVIDE THE DATA AND/OR SERVICES AND ARE
SUBJECT TO CHANGE AS CONDITIONS CHANGE. THE GOVERNMENT OF THE UNITED
STATES AGREES TO GIVE THE GOVERNMENT OF SINGAPORE A 60-DAY NOTICE PRIOR
TO EFFECTING A PRICE CHANGE IN THE COSTS CHARGED BY THE DEFENSE
LOGISTICS SERVICES CENTER.
E. REIMBURSEMENT IN UNITED STATES CURRENCY FOR FEDERAL CATALOG DATA
AND/OR CATALOGING SERVICES FURNISHED UNDER THIS AGREEMENT WILL BE MADE
DIRECTLY TO THE GOVERNMENT OF THE UNITED STATES. COSTS FOR PERFORMING
THESE SERVICES WILL BE ACCUMULATED AND THE EAD SINGAPORE ARMED FORCES
CATALOGUING AUTHORITY, P.O. BOX 224, JALAN KAYU POST OFFICE, SINGAPORE
28 WILL BE BILLED FOR PAYMENT ON A QUARTERLY BASIS. SUCH BILLS WILL BE
DUE AND PAYABLE UPON RECEIPT. THE CATALOG DATA WILL BE SENT TO THE
BILLING ADDRESS.
IF THIS OFFER IS ACCEPTABLE TO THE GOVERNMENT OF SINGAPORE, IT IS
REQUESTED THAT I BE SO INFORMED BY THE RETURN OF TWO COPIES OF THIS
LETTER BEARING THE SIGNATURE OF AN AUTHORIZED REPRESENTATIVE OF THE
GOVERNMENT OF SINGAPORE IN THE SPACE BELOW.
THE UNDERSIGNED, A DULY AUTHORIZED REPRESENTATIVE OF THE GOVERNMENT
OF SINGAPORE, ACCEPTS ON BEHALF OF THE SAID GOVERNMENT THE TERMS AND
CONDITIONS SET FORTH ABOVE.
(DATE) 17/8/76
SEYCHELLES 29 JUN 1976 FLITE DOCUMENT NO. 7950045
AGREEMENT EXECUTED 29 JUNE 1976.
AGREEMENT WHEREBY THE UNITED STATES GOVERNMENT IS AUTHORIZED TO
ESTABLISH, OPERATE AND MAINTAIN, IN THE ISLAND OF MAHE, A TRACKING AND
TELEMETRY FACILITY FOR ORBITAL CONTROL AND DATA ACQUISITION IN
CONNECTION WITH VARIOUS UNITED STATES SPACE PROJECTS, FACILITIES FOR
METEOROLOGICAL AND SEISMOLOGICAL RESEARCH, AND FOR COMMUNICATIONS
FACILITIES FOR SUCH PROJECTS AND RESEARCH.
EMBODYING THE TERMS AGREED UPON BETWEEN THE PARTIES IN LONDON ON THE
18TH DAY OF MARCH, 1976.
THE UNITED STATES GOVERNMENT IS AUTHORIZED TO ESTABLISH, OPERATE AND
MAINTAIN, IN THE ISLAND OF MAHE, A TRACKING AND TELEMETRY FACILITY FOR
ORBITAL CONTROL AND DATA ACQUISITION IN CONNECTION WITH VARIOUS UNITED
STATES SPACE PROJECTS, FACILITIES FOR METEOROLOGICAL AND SEISMOLOGICAL
RESEARCH, AND FOR COMMUNICATIONS FACILITIES FOR SUCH PROJECTS AND
RESEARCH.
FOR THE PURPOSE OF THIS AGREEMENT:
1. "CONTRACTOR PERSONNEL" MEANS EMPLOYEES OF A UNITED STATES
CONTRACTOR WHO ARE NOT ORDINARILY RESIDENT IN SEYCHELLES AND WHO ARE
THERE SOLELY FOR THE PURPOSES OF THIS AGREEMENT;
2. "DEPENDENTS" MEANS THE SPOUSE AND CHILDREN UNDER 21 YEARS OF AGE
OF A PERSON IN RELATION TO WHOM IT IS USED; AND, IF THEY ARE DEPENDENT
UPON HIM FOR THEIR SUPPORT, THE PARENTS AND CHILDREN OVER 21 YEARS OF
AGE OF THAT PERSON;
3. "MEMBERS OF THE UNITED STATES FORCES" MEANS
A. MILITARY MEMBERS OF THE UNITED STATES FORCES ON ACTIVE DUTY WHO
ARE PERMANENTLY OR TEMPORARILY ASSIGNED TO SEYCHELLES FOR THE
PERFORMANCE OF OFFICIAL DUTIES;
B. CIVILIAN PERSONNEL ACCOMPANYING THE UNITED STATES FORCES AND IN
THEIR EMPLOY WHO ARE NOT ORDINARILY RESIDENT IN SEYCHELLES AND WHO ARE
THERE SOLELY FOR THE PURPOSE OF THIS AGREEMENT; AND
C. DEPENDENTS OF THE PERSONS DESCRIBED IN PARAGRAPHS A AND B ABOVE;
4. "UNITED STATES AUTHORITIES" MEANS THE AUTHORITY OR AUTHORITIES
FROM TIME TO TIME AUTHORIZED OR DESIGNATED BY THE UNITED STATES
GOVERNMENT FOR THE PURPOSE OF EXERCISING THE POWERS IN RELATION TO WHICH
THE EXPRESSION IS USED;
5. "UNITED STATES CONTRACTOR" MEANS ANY PERSON, BODY OR CORPORATION
ORDINARILY RESIDENT IN THE UNITED STATES OF AMERICA, THAT, BY VIRTUE OF
A CONTRACT WITH THE UNITED STATES GOVERNMENT, IS IN SEYCHELLES FOR THE
PURPOSE OF THIS AGREEMENT, AND INCLUDES A SUBCONTRACTOR;
6. "UNITED STATES FORCES" MEANS THE LAND, SEA AND AIR ARMED SERVICES
OF THE UNITED STATES, INCLUDING THE COAST GUARD;
7. "SITES" MEANS THE SITES PROVIDED UNDER ARTICLE IV OF THIS
AGREEMENT SO LONG AS THEY ARE SO PROVIDED, AND "SITE" MEANS ANY SITE SO
PROVIDED.
THE COSTS OF CONSTRUCTING, INSTALLING, EQUIPPING, OPERATING AND
MAINTAINING THE FACILITIES SHALL BE BORNE WHOLLY BY THE UNITED STATES
GOVERNMENT.
1. THE GOVERNMENT OF SEYCHELLES SHALL PROVIDE TO THE UNITED STATES
GOVERNMENT FOR THE PURPOSES OF THIS AGREEMENT SUCH SITES, RIGHTS OF WAY
AND EASEMENTS AS MAY BE AGREED BETWEEN THE UNITED STATES GOVERNMENT AND
THE GOVERNMENT OF SEYCHELLES. THE SITES, RIGHTS OF WAY AND EASEMENTS
AVAILABLE TO THE UNITED STATES GOVERNMENT FOR THE PURPOSES OF THIS
AGREEMENT ON THE DATE IT ENTERS INTO FORCE SHALL CONTINUE TO BE
AVAILABLE DURING THE LIFETIME OF THIS AGREEMENT. THE SITES, RIGHTS OF
WAY AND EASEMENTS REFERRED TO IN THIS ARTICLE SHALL BE THE SUBJECT OF A
LEASE TO BE CONCLUDED BY APPROPRIATE AUTHORITIES OF THE TWO GOVERNMENTS.
2. ACCESS TO THE SITES SHALL BE LIMITED TO PERSONS OFFICIALLY
CONNECTED WITH THE FACILITIES, AGREED UPON OFFICIALS OF THE GOVERNMENT
OF SEYCHELLES, AND SUCH OTHER PERSONS AS MAY BE AGREED UPON BY
REPRESENTATIVES OF THE TWO GOVERNMENTS DESIGNATED FOR THAT PURPOSE. THE
UNITED STATES GOVERNMENT WILL COOPERATE FULLY WITH THE GOVERNMENT OF
SEYCHELLES REGARDING ACCESS.
3. THE UNITED STATES GOVERNMENT MAY AT ANY TIME NOTIFY THE
GOVERNMENT OF SEYCHELLES THAT IT HAS VACATED AND NO LONGER REQUIRES A
SITE OR SPECIFIED PORTION THEREOF AND THEREUPON SUCH SITE OR PORTION
THEREOF SHALL, FOR THE PURPOSES OF THIS AGREEMENT, CEASE TO BE, OR TO BE
A PORTION OF, A SITE. THE UNITED STATES GOVERNMENT SHALL BE UNDER NO
OBLIGATION TO RESTORE THE SITES TO THE CONDITION IN WHICH THEY WERE AT
ANY TIME PRIOR TO THEIR CEASING TO BE SITES OR PARTS OF SITES.
1. THE UNITED STATES GOVERNMENT SHALL HAVE THE RIGHT TO ESTABLISH,
OPERATE, MAINTAIN, AND USE AN INSTRUMENTATION AND COMMUNICATIONS SYSTEM
SOLELY FOR THE PURPOSES OF THIS AGREEMENT, INCLUDING RADAR, TELEMETRY
RADIO, COMMUNICATION LINES, METEOROLOGICAL AND SEISMOLOGICAL EQUIPMENT,
AND NECESSARY SUPPORTING BUILDINGS AND STRUCTURES. FACILITIES FOR
POINT-TO-POINT COMMUNICATIONS SHALL BE INSTALLED ONLY TO THE EXTENT THAT
COMMUNICATIONS REQUIREMENTS CANNOT BE MET WHEN NEEDED BY THE SEYCHELLES
AUTHORIZED TELECOMMUNICATIONS CARRIER. COMMUNICATIONS FACILITIES ONCE
INSTALLED BY THE UNITED STATES GOVERNMENT MAY CONTINUE IN OPERATION BY
THE UNITED STATES AUTHORITIES NOTWITHSTANDING EXPANSION OF CAPABILITY BY
THE SEYCHELLES AUTHORIZED TELECOMMUNICATIONS CARRIER.
2. POWER FOR THE FACILITIES MAY, UNDER LICENSE WITHOUT CHARGE FROM
THE SEYCHELLES ELECTRICITY DEPARTMENT, BE GENERATED AT THE SITES IF THE
SAID DEPARTMENT ITSELF IS UNABLE TO SUPPLY POWER WHEN NEEDED OF THE TYPE
AND QUANTITY REQUIRED. POWER GENERATING FACILITIES ONCE INSTALLED BY
THE UNITED STATES GOVERNMENT MAY CONTINUE IN OPERATION BY UNITED STATES
AUTHORITIES NOTWITHSTANDING EXPANSION OF CAPABILITY BY THE SEYCHELLES
ELECTRICITY DEPARTMENT.
3. THE CONSTRUCTION AND MAINTENANCE OF ANY ROADS NEEDED TO CONNECT
THE SITES WITH THE LOCAL ROAD SYSTEM SHALL BE AT THE EXPENSE OF THE
UNITED STATES GOVERNMENT. WITH RESPECT TO OTHER THAN THE AFOREMENTIONED
CONNECTING ROADS, THE UNITED STATES GOVERNMENT, THROUGH THE APPROPRIATE
UNITED STATES REPRESENTATIVE, SHALL CONSULT FROM TIME TO TIME WITH THE
GOVERNMENT OF SEYCHELLES FOR THE PURPOSE OF DETERMINING JOINTLY THE
EXTENT OF ANY DAMAGE TO SUCH ROADS WHICH MAY HAVE BEEN CAUSED BY UNITED
STATES OPERATIONS, AND THE REPAIRS WHICH ARE NECESSARY. THE UNITED
STATES GOVERNMENT SHALL PAY ANNUALLY TO THE GOVERNMENT OF SEYCHELLES THE
AMOUNT OF THE COST OF ANY SUCH REPAIRS.
4. THE USE OF RADIO FREQUENCIES, POWERS, AND BAND WIDTHS FOR RADIO
SERVICES (INCLUDING RADAR) SHALL BE SUBJECT TO THE PRIOR CONCURRENCE OF
THE APPROPRIATE AUTHORITIES OF THE GOVERNMENT OF SEYCHELLES. RADIO
FREQUENCIES, POWERS, AND BAND WIDTHS IN USE BY THE UNITED STATES
GOVERNMENT ON THE DATE OF ENTRY INTO FORCE OF THIS AGREEMENT SHALL
CONTINUE TO BE AVAILABLE FOR SUCH USE. ALL RADIO OPERATIONS SHALL
COMPLY AT ALL TIMES WITH THE PROVISIONS OF THE INTERNATIONAL
TELECOMMUNICATION CONVENTION.
1. SUBJECT TO PARAGRAPH 3 BELOW, THE TITLE TO ANY REMOVABLE PROPERTY
IMPORTED OR PROCURED IN SEYCHELLES BY THE UNITED STATES GOVERNMENT OR A
UNITED STATES CONTRACTOR SHALL REMAIN IN THE UNITED STATES GOVERNMENT OR
THE CONTRACTOR AS THE CASE MAY BE. SUCH PROPERTY, INCLUDING OFFICIAL
PAPERS, SHALL BE EXEMPT FROM INSPECTION, SEARCH AND SEIZURE.
2. SUCH PROPERTY MAY BE FREELY REMOVED FROM SEYCHELLES. HOWEVER, IT
SHALL NOT BE DISPOSED OF WITHIN SEYCHELLES UNLESS EITHER:
A. CONSENT HAS BEEN GIVEN IN WRITING BY THE GOVERNMENT OF SEYCHELLES,
OR
B. AN OFFER CONSISTENT WITH THE LAWS OF THE UNITED STATES THEN IN
EFFECT HAS BEEN MADE TO SELL THE PROPERTY TO THE GOVERNMENT OF
SEYCHELLES, AND THE GOVERNMENT HAS NOT ACCEPTED SUCH OFFER WITHIN A
PERIOD OF 120 DAYS AFTER IT WAS MADE, OR SUCH LONGER PERIOD AS MAY BE
REASONABLE UNDER THE CIRCUMSTANCES.
3. ANY SUCH PROPERTY NOT REMOVED OR DISPOSED OF WITHIN A REASONABLE
TIME AFTER THE TERMINATION OF THIS AGREEMENT SHALL BECOME THE PROPERTY
OF THE GOVERNMENT OF SEYCHELLES.
1. MILITARY MEMBERS OF THE UNITED STATES FORCES WHO MAY BE BROUGHT
INTO SEYCHELLES FOR THE PURPOSES OF THIS AGREEMENT SHALL BE EXEMPT FROM
PASSPORT AND VISA REQUIREMENTS, IMMIGRATION INSPECTION AND ANY
REGISTRATION OR CONTROL AS ALIENS. SUCH PERSONS SHALL BE FURNISHED WITH
APPROPRIATE UNITED STATES IDENTIFICATION CARDS, SPECIMENS OF WHICH SHALL
BE SUPPLIED TO THE GOVERNMENT OF SEYCHELLES.
2. OTHER MEMBERS OF THE UNITED STATES FORCES, AS WELL AS CONTRACTOR
PERSONNEL AND THEIR DEPENDENTS, SHALL BE ADMITTED IF IN POSSESSION OF A
VALID NATIONAL PASSPORT, DULY VISAED AND ENDORSED. THE GOVERNMENT OF
SEYCHELLES SHALL TAKE THE NECESSARY STEPS TO FACILITATE THE STAY OF SUCH
PERSONS IN SEYCHELLES BY THE ISSUANCE OF THE APPROPRIATE PERMITS.
3. THE UNITED STATES GOVERNMENT SHALL TAKE SUCH STEPS AS ARE OPEN TO
IT TO ENSURE THE CORRECT BEHAVIOR OF THE PERSONS REFERRED TO IN
PARAGRAPHS 1 AND 2 ABOVE AND AT THE REQUEST OF THE GOVERNMENT OF
SEYCHELLES TO REMOVE AS SOON AS POSSIBLE ANY SUCH PERSONS WHOSE CONDUCT
RENDERS THEIR PRESENCE IN SEYCHELLES UNDESIRABLE TO ITS GOVERNMENT.
1. NO IMPORT, EXCISE, CONSUMPTION OR OTHER TAX, DUTY OR IMPORT SHALL
BE CHARGED ON:
A. MATERIAL, EQUIPMENT, SUPPLIES OR GOODS FOR USE IN THE
ESTABLISHMENT, MAINTENANCE, OR OPERATION OF THE FACILITIES WHICH ARE
CONSIGNED TO OR DESTINED FOR THE UNITED STATES AUTHORITIES OR A UNITED
STATES CONTRACTOR;
B. GOODS FOR USE OR CONSUMPTION ABOARD UNITED STATES PUBLIC VESSELS
OR AIRCRAFT;
C. GOODS CONSIGNED TO THE UNITED STATES AUTHORITIES OR TO A UNITED
STATES CONTRACTOR FOR THE USE OF OR FOR SALE TO MILITARY MEMBERS OF THE
UNITED STATES FORCES, OR TO OTHER MEMBERS OF THE UNITED STATES FORCES,
OR TO THOSE CONTRACTOR PERSONNEL AND THEIR DEPENDENTS WHO ARE NATIONALS
OF THE UNITED STATES AND ARE NOT ENGAGED IN ANY BUSINESS OR OCCUPATION
IN SEYCHELLES;
D. THE PERSONAL BELONGINGS OR HOUSEHOLD EFFECTS FOR THE PERSONAL USE
OF PERSONS REFERRED TO IN SUBPARAGRAPH C ABOVE, INCLUDING MOTOR
VEHICLES, PROVIDED THAT THESE ACCOMPANY THE OWNER OR ARE IMPORTED
EITHER:
(I) WITHIN A PERIOD BEGINNING 60 DAYS BEFORE AND ENDING 120 DAYS
AFTER THE OWNER'S ARRIVAL; OR
(II) WITHIN A PERIOD OF 6 MONTHS IMMEDIATELY FOLLOWING HIS ARRIVAL;
E. REASONABLE QUANTITIES OF GOODS FOR CONSUMPTION AND GOODS (OTHER
THAN PERSONAL BELONGINGS AND HOUSEHOLD EFFECTS) ACQUIRED AFTER FIRST
ARRIVAL, INCLUDING GIFTS, CONSIGNED TO MILITARY MEMBERS OF THE UNITED
STATES FORCES, OR TO THOSE OTHER MEMBERS OF THE UNITED STATES FORCES WHO
ARE NATIONALS OF THE UNITED STATES AND ARE NOT ENGAGED IN ANY BUSINESS
OR OCCUPATION IN SEYCHELLES, PROVIDED THAT SUCH GOODS ARE:
(I) OF UNITED STATES ORIGIN IF THE GOVERNMENT OF SEYCHELLES SO
REQUIRES; AND
(II) IMPORTED FOR THE PERSONAL USE OF THE RECIPIENT.
2. NO EXPORT TAX SHALL BE CHARGED ON THE MATERIAL, EQUIPMENT,
SUPPLIES OR GOODS MENTIONED IN PARAGRAPH 1 ABOVE IN THE EVENT OF
RESHIPMENT FROM SEYCHELLES.
3. THIS ARTICLE SHALL APPLY NOTWITHSTANDING THAT THE MATERIAL,
EQUIPMENT, SUPPLIES OR GOODS PASS THROUGH OTHER PARTS OF SEYCHELLES EN
ROUTE TO OR FROM A SITE.
4. THE UNITED STATES AUTHORITIES SHALL DO ALL IN THEIR POWER TO
PREVENT ANY ABUSE OF CUSTOMS PRIVILEGES AND SHALL TAKE ADMINISTRATIVE
MEASURES, INCLUDING APPROPRIATE CONTROLS, WHICH SHALL BE MUTUALLY AGREED
UPON BETWEEN THE APPROPRIATE AUTHORITIES OF THE UNITED STATES AND
SEYCHELLES, TO PREVENT THE DISPOSAL WITHOUT PAYMENT OF DUTIES OR TAXES,
WHETHER BY RESALE OR OTHERWISE, OF GOODS WHICH ARE USED OR SOLD UNDER
SUBPARAGRAPH 1.C ABOVE, OR IMPORTED UNDER SUBPARAGRAPH 1.D. OR 1.E.
ABOVE, TO PERSONS NOT ENTITLED TO BUY GOODS PURSUANT TO SUBPARAGRAPH
1.C., OR NOT ENTITLED TO FREE IMPORTATION UNDER SUBPARAGRAPH 1.D. OR
1.E. THERE SHALL BE COOPERATION BETWEEN THE UNITED STATES AUTHORITIES
AND THE GOVERNMENT OF SEYCHELLES TO THIS END, BOTH IN PREVENTION AND IN
INVESTIGATION OF CASES OF ABUSE.
5. UNITED STATES AUTHORITIES WILL PROVIDE THE EARLIEST POSSIBLE
OFFICIAL NOTIFICATION TO THE CUSTOMS AUTHORITIES OF ARTICLES WHICH ARE
IMPORTED FOR THE USE OF THE TRACKING FACILITY AND ITS PERSONNEL AND
WHICH QUALIFY FOR EXEMPTION FROM CUSTOMS DUTIES AND OTHER TAXES UNDER
SUBPARAGRAPHS 1.A., B. AND C., SUCH NOTIFICATION TO BE GIVEN WHENEVER
FEASIBLE IN ADVANCE OF THE ARRIVAL OF THE ARTICLES.
6. WITH REGARD TO GOODS FOR CONSUMPTION AND GOODS (OTHER THAN
PERSONAL BELONGINGS AND HOUSEHOLD EFFECTS) ACQUIRED AFTER FIRST ARRIVAL,
INCLUDING GIFTS, OF PERSONS REFERRED TO IN SUBPARAGRAPH 1.E. AND
EXEMPTED FROM DUTY UNDER SUBPARAGRAPH 1.E., IT IS UNDERSTOOD THAT WHEN
SUCH GOODS ARE PURCHASED LOCALLY, THE EXEMPTION WILL OPERATE ONLY IN
CASES OF PURCHASES MADE UNDER SUBPARAGRAPH 1.C. PURCHASE IN LOCAL SHOPS
ON WHICH DUTY HAS ALREADY BEEN PAID WILL NOT QUALIFY FOR A REFUND OF
DUTY SAVE WHEN THE PURCHASES ARE MADE BY THE UNITED STATES AUTHORITIES
OR THEIR CONTRACTOR AND THE DRAWBACK IS SPECIALLY APPROVED BY THE
CUSTOMS AUTHORITIES.
7. FIRM EVIDENCE OF ANY CASES OF CUSTOMS VIOLATIONS BY THEIR
PERSONNEL OF WHICH THEY HAVE KNOWLEDGE WILL BE REPORTED BY THE UNITED
STATES AUTHORITIES TO THE CUSTOMS AUTHORITIES.
8. THE UNITED STATES AUTHORITIES WILL ENSURE THE STORAGE OF ALL
DUTY-EXEMPT GOODS IMPORTED BY THEM UNDER SUBPARAGRAPHS 1.A., B. AND C.
AT SITES AGREED WITH THE CUSTOMS AUTHORITIES AND WILL TAKE REASONABLE
MEASURES, IN CONSULTATION WITH THE SEYCHELLES AUTHORITIES, TO SAFEGUARD
SUCH GOODS AGAINST THEFT AND PILFERAGE.
9. THE UNITED STATES AUTHORITIES WILL ENSURE THAT NOT MORE THAN ONE
MOTOR VEHICLE IMPORTED DUTY-FREE IS HELD BY ANY INDIVIDUAL OR FAMILY AT
ANY PARTICULAR TIME.
NO TAX OR FEE SHALL BE PAYABLE IN RESPECT OF REGISTRATION OR
LICENSING FOR USE IN SEYCHELLES OF MOTOR VEHICLES BELONGING TO THE
UNITED STATES GOVERNMENT OR UNITED STATES CONTRACTORS AND USED FOR
PURPOSES CONNECTED DIRECTLY WITH THE ESTABLISHMENT, MAINTENANCE OR
OPERATION OF THE FACILITIES WITH WHICH THIS AGREEMENT IS CONCERNED.
1. NO MEMBER OF THE UNITED STATES FORCES (WHICH TERM FOR THE
PURPOSES OF THIS ARTICLE SHALL NOT INCLUDE DEPENDENTS OTHER THAN A
SPOUSE AND MINOR CHILDREN) OR NATIONAL OF THE UNITED STATES SERVING OR
EMPLOYED IN SEYCHELLES IN CONNECTION WITH THE ESTABLISHMENT, MAINTENANCE
OR OPERATION OF THE FACILITIES WITH WHICH THIS AGREEMENT IS CONCERNED
AND RESIDING IN SEYCHELLES BY REASON ONLY OF SUCH EMPLOYMENT, OR HIS
WIFE OR MINOR CHILDREN, SHALL BE LIABLE TO PAY INCOME TAX IN SEYCHELLES
EXEMPT IN RESPECT OF INCOME DERIVED FROM PRIVATE ACTIVITIES IN
SEYCHELLES NOT ASSOCIATED WITH THE ESTABLISHMENT, MAINTENANCE, OR
OPERATION OF FACILITIES UNDER THIS AGREEMENT.
2. NO SUCH PERSON SHALL BE LIABLE TO PAY IN SEYCHELLES ANY POLL TAX
OR SIMILAR TAX ON HIS PERSON, OR ANY TAX ON OWNERSHIP OR USE OF PROPERTY
WHICH IS SITUATED OUTSIDE SEYCHELLES, OR SITUATED WITHIN SEYCHELLES
SOLELY BY REASON OF SUCH PERSON'S PRESENCE THERE IN CONNECTION WITH
ACTIVITIES UNDER THIS AGREEMENT.
3. NO PERSON ORDINARILY RESIDENT IN THE UNITED STATES SHALL BE
LIABLE TO PAY INCOME TAX IN SEYCHELLES IN RESPECT OF ANY PROFITS DERIVED
UNDER A CONTRACT MADE IN THE UNITED STATES IN CONNECTION WITH THE
ESTABLISHMENT, MAINTENANCE OR OPERATION OF THE FACILITIES WITH WHICH
THIS AGREEMENT IS CONCERNED, OR ANY TAX IN THE NATURE OF A LICENSE IN
RESPECT OF ANY SERVICE OR WORK FOR THE UNITED STATES GOVERNMENT IN
CONNECTION WITH THE ESTABLISHMENT, MAINTENANCE OR OPERATION OF THESE
FACILITIES.
1. SUBJECT TO THE PROVISIONS OF THIS ARTICLE:
A. THE MILITARY AUTHORITIES OF THE UNITED STATES SHALL HAVE THE RIGHT
TO EXERCISE WITHIN SEYCHELLES ALL CRIMINAL AND DISCIPLINARY JURISDICTION
CONFERRED ON THEM BY UNITED STATES LAW OVER ALL PERSONS SUBJECT TO THE
MILITARY LAW OF THE UNITED STATES; AND
B. THE AUTHORITIES OF SEYCHELLES SHALL HAVE JURISDICTION OVER THE
MEMBERS OF THE UNITED STATES FORCES WITH RESPECT TO OFFENSES COMMITTED
WITHIN SEYCHELLES AND PUNISHABLE BY THE LAW IN FORCE THERE.
2. A. THE MILITARY AUTHORITIES OF THE UNITED STATES SHALL HAVE THE
RIGHT TO EXERCISE EXCLUSIVE JURISDICTION OVER PERSONS SUBJECT TO THE
MILITARY LAW OF THE UNITED STATES WITH RESPECT TO OFFENSES, INCLUDING
OFFENSES RELATING TO SECURITY, PUNISHABLE BY THE LAW OF THE UNITED
STATES BUT NOT BY THE LAW IN FORCE IN SEYCHELLES.
B. THE AUTHORITIES OF SEYCHELLES SHALL HAVE THE RIGHT TO EXERCISE
EXCLUSIVE JURISDICTION OVER MEMBERS OF THE UNITED STATES FORCES WITH
RESPECT TO OFFENSES, INCLUDING OFFENSES RELATING TO SECURITY, PUNISHABLE
BY THE LAW IN FORCE IN SEYCHELLES BUT NOT BY THE LAW OF THE UNITED
STATES.
C. FOR THE PURPOSES OF PARAGRAPHS 2 AND 3 AN OFFENSE RELATING TO
SECURITY SHALL INCLUDE:
(I) TREASON; AND
(II) SABOTAGE, ESPIONAGE OR VIOLATION OF ANY LAW RELATING TO OFFICIAL
SECRETS OR SECRETS RELATING TO NATIONAL DEFENSE.
3. IN CASES WHERE THE RIGHT TO EXERCISE JURISDICTION IS CONCURRENT
THE FOLLOWING RULES SHALL APPLY:
A. THE MILITARY AUTHORITIES OF THE UNITED STATES SHALL HAVE THE
PRIMARY RIGHT TO EXERCISE JURISDICTION OVER A MEMBER OF THE UNITED
STATES FORCES IN RELATION TO
(I) OFFENSES SOLELY AGAINST THE PROPERTY OR SECURITY OF THE UNITED
STATES OR OFFENSES SOLELY AGAINST THE PERSON OR PROPERTY OF ANOTHER
MEMBER OF THE UNITED STATES FORCES; AND
(II) OFFENSES ARISING OUT OF ANY ACT OR OMISSION DONE IN THE
PERFORMANCE OF OFFICIAL DUTY.
B. IN THE CASE OF ANY OTHER OFFENSE THE AUTHORITIES OF SEYCHELLES
SHALL HAVE THE PRIMARY RIGHT TO EXERCISE JURISDICTION.
C. IF THE AUTHORITIES HAVING THE PRIMARY RIGHT DECIDE NOT TO EXERCISE
JURISDICTION, THEY SHALL NOTIFY THE OTHER AUTHORITIES AS SOON AS
PRACTICABLE. THE UNITED STATES AUTHORITIES SHALL GIVE SYMPATHETIC
CONSIDERATION TO A REQUEST FROM THE AUTHORITIES OF SEYCHELLES FOR A
WAIVER OF THEIR PRIMARY RIGHT IN CASES WHERE THE AUTHORITIES OF
SEYCHELLES CONSIDER SUCH WAIVER TO BE OF PARTICULAR IMPORTANCE. THE
AUTHORITIES OF SEYCHELLES WILL WAIVE, UPON REQUEST, THEIR PRIMARY RIGHT
TO EXERCISE JURISDICTION UNDER THIS PARAGRAPH, EXCEPT WHERE THEY IN
THEIR DISCRETION DETERMINE AND NOTIFY THE UNITED STATES AUTHORITIES THAT
IT IS OF PARTICULAR IMPORTANCE THAT SUCH JURISDICTION BE NOT WAIVED.
4. THE FOREGOING PROVISIONS OF THIS ARTICLE SHALL NOT IMPLY ANY
RIGHT FOR THE MILITARY AUTHORITIES OF THE UNITED STATES TO EXERCISE
JURISDICTION OVER PERSONS WHO BELONG TO, OR ARE ORDINARILY RESIDENT IN,
SEYCHELLES, UNLESS THEY ARE MILITARY MEMBERS OF THE UNITED STATES
FORCES.
5. A. TO THE EXTENT AUTHORIZED BY LAW, THE AUTHORITIES OF SEYCHELLES
AND THE MILITARY AUTHORITIES OF THE UNITED STATES SHALL ASSIST EACH
OTHER IN THE SERVICE OF PROCESS AND IN THE ARREST OF MEMBERS OF THE
UNITED STATES FORCES IN SEYCHELLES AND IN HANDING THEM OVER TO THE
AUTHORITIES WHICH ARE TO EXERCISE JURISDICTION IN ACCORDANCE WITH THE
PROVISIONS OF THIS ARTICLE.
B. THE AUTHORITIES OF SEYCHELLES SHALL NOTIFY PROMPTLY THE MILITARY
AUTHORITIES OF THE UNITED STATES OF THE ARREST OF ANY MEMBER OF THE
UNITED STATES FORCES.
C. UNLESS OTHERWISE AGREED, THE CUSTODY OF AN ACCUSED MEMBER OF THE
UNITED STATES FORCES OVER WHOM THE AUTHORITIES OF SEYCHELLES ARE TO
EXERCISE JURISDICTION SHALL, IF HE IS IN THE HANDS OF THE UNITED STATES
AUTHORITIES, REMAIN WITH THE UNITED STATES AUTHORITIES UNTIL HE IS
CHARGED. IN CASES WHERE THE UNITED STATES AUTHORITIES MAY HAVE THE
RESPONSIBILITY FOR CUSTODY PENDING THE COMPLETION OF JUDICIAL
PROCEEDINGS, THE UNITED STATES AUTHORITIES SHALL, UPON REQUEST, MAKE
SUCH A PERSON IMMEDIATELY AVAILABLE TO THE AUTHORITIES OF SEYCHELLES FOR
PURPOSES OF INVESTIGATION AND TRIAL AND SHALL GIVE FULL CONSIDERATION TO
ANY SPECIAL VIEWS OF SUCH AUTHORITIES AS TO THE WAY IN WHICH CUSTODY
SHOULD BE MAINTAINED.
6. A. TO THE EXTENT AUTHORIZED BY LAW, THE AUTHORITIES OF THE UNITED
STATES AND OF SEYCHELLES SHALL ASSIST EACH OTHER IN THE CARRYING OUT OF
ALL NECESSARY INVESTIGATIONS INTO OFFENSES, IN PROVIDING FOR THE
ATTENDANCE OF WITNESSES AND IN THE COLLECTION AND PRODUCTION OF
EVIDENCE, INCLUDING THE SEIZURE AND, IN PROPER CASES, THE HANDING OVER
OF OBJECTS CONNECTED WITH AN OFFENSE. THE HANDING OVER OF SUCH OBJECTS
MAY, HOWEVER, BE MADE SUBJECT TO THEIR RETURN WITHIN THE TIME SPECIFIED
BY THE AUTHORITIES DELIVERING THEM.
B. THE AUTHORITIES OF THE UNITED STATES AND OF SEYCHELLES SHALL
NOTIFY ONE ANOTHER OF THE DISPOSITION OF ALL CASES IN WHICH THERE ARE
CONCURRENT RIGHTS TO EXERCISE JURISDICTION.
7. A DEATH SENTENCE SHALL NOT BE CARRIED OUT IN SEYCHELLES BY THE
MILITARY AUTHORITIES OF THE UNITED STATES.
8. WHERE AN ACCUSED HAS BEEN TRIED IN ACCORDANCE WITH THE PROVISIONS
OF THIS ARTICLE AND HAS BEEN ACQUITTED OR HAS BEEN CONVICTED AND IS
SERVING, OR HAS SERVED, HIS SENTENCE OR HAS BEEN PARDONED, HE MAY NOT BE
TRIED AGAIN FOR THE SAME OFFENSE WITHIN SEYCHELLES. NOTHING IN THIS
PARAGRAPH SHALL, HOWEVER, PREVENT THE MILITARY AUTHORITIES OF THE UNITED
STATES FROM TRYING A MILITARY MEMBER OF THE UNITED STATES FORCES FOR ANY
VIOLATION OF RULES OF DISCIPLINE ARISING FROM AN ACT OR OMISSION WHICH
CONSTITUTED AN OFFENSE FOR WHICH HE WAS TRIED BY THE AUTHORITIES OF
SEYCHELLES.
9. WHENEVER A MEMBER OF THE UNITED STATES FORCES IS PROSECUTED BY
THE AUTHORITIES OF SEYCHELLES HE SHALL BE ENTITLED
A. TO A PROMPT AND SPEEDY TRIAL;
B. TO BE INFORMED IN ADVANCE OF TRIAL OF THE SPECIFIC CHARGE OR
CHARGES MADE AGAINST HIM;
C. TO BE CONFRONTED WITH THE WITNESSES AGAINST HIM;
D. TO HAVE COMPULSORY PROCESS FOR OBTAINING WITNESSES IN HIS FAVOR IF
THEY ARE WITHIN THE JURISDICTION OF SEYCHELLES;
E. TO HAVE LEGAL REPRESENTATION OF HIS OWN CHOICE FOR HIS DEFENSE, OR
TO HAVE FREE OR ASSISTED LEGAL REPRESENTATION UNDER THE CONDITIONS
PREVAILING FOR THE TIME BEING IN SEYCHELLES;
F. IF HE CONSIDERS IT NECESSARY, TO HAVE THE SERVICES OF A COMPETENT
INTERPRETER; AND
G. TO COMMUNICATE WITH A REPRESENTATIVE OF THE UNITED STATES AND,
WHEN THE RULES OF THE COURT PERMIT, TO HAVE SUCH A REPRESENTATIVE
PRESENT AT HIS TRIAL WHICH SHALL BE PUBLIC EXCEPT WHEN THE COURT DECREES
OTHERWISE IN ACCORDANCE WITH THE LAW IN FORCE IN SEYCHELLES.
10. WHERE A MEMBER OF THE UNITED STATES FORCES IS TRIED BY THE
MILITARY AUTHORITIES OF THE UNITED STATES FOR AN OFFENSE COMMITTED
OUTSIDE THE SITES OR INVOLVING A PERSON, OR THE PROPERTY OF A PERSON,
OTHER THAN A MEMBER OF THE UNITED STATES FORCES, THE AGGRIEVED PARTY AND
REPRESENTATIVES OF SEYCHELLES AND OF THE AGGRIEVED PARTY MAY ATTEND THE
TRIAL PROCEEDINGS EXCEPT WHERE THIS WOULD BE INCONSISTENT WITH THE RULES
OF THE COURT.
11. A CERTIFICATE OF THE APPROPRIATE UNITED STATES COMMANDING
OFFICER THAT AN OFFENSE AROSE OUT OF AN ACT OR OMISSION DONE IN THE
PERFORMANCE OF OFFICIAL DUTY SHALL BE CONCLUSIVE, BUT THE COMMANDING
OFFICER SHALL GIVE CONSIDERATION TO ANY REPRESENTATION MADE BY THE
GOVERNMENT OF SEYCHELLES.
12. REGULARLY CONSTITUTED MILITARY UNITS OR FORMATIONS OF THE UNITED
STATES FORCES SHALL HAVE THE RIGHT TO POLICE THE SITES. THE MILITARY
POLICE OF THE UNITED STATES FORCES MAY TAKE ALL APPROPRIATE MEASURES TO
ENSURE THE MAINTENANCE OF ORDER AND SECURITY WITHIN THE SITES.
1. THE UNITED STATES GOVERNMENT SHALL, IN CONSULTATION WITH THE
GOVERNMENT OF SEYCHELLES, TAKE ALL REASONABLE PRECAUTIONS AGAINST
POSSIBLE DANGER AND DAMAGE RESULTING FROM OPERATIONS UNDER THIS
AGREEMENT.
2. THE UNITED STATES GOVERNMENT AGREES TO PAY JUST AND REASONABLE
COMPENSATION, WHICH SHALL BE DETERMINED IN ACCORDANCE WITH THE MEASURE
OF DAMAGES PRESCRIBED BY THE LAW OF SEYCHELLES, IN SETTLEMENT OF CIVIL
CLAIMS (OTHER THAN CONTRACTUAL CLAIMS) ARISING OUT OF ACTS OR OMISSIONS
OF MEMBERS OF THE UNITED STATES FORCES DONE IN THE PERFORMANCE OF
OFFICIAL DUTY OR OUT OF ANY OTHER ACT OR OMISSION OR OCCURRENCE FOR
WHICH THE UNITED STATES FORCES ARE LEGALLY RESPONSIBLE.
3. ANY SUCH CLAIM PRESENTED TO THE UNITED STATES GOVERNMENT SHALL BE
PROCESSED AND SETTLED IN ACCORDANCE WITH THE APPLICABLE PROVISIONS OF
UNITED STATES LAW.
THE POSSESSION OR IMPORTATION OF ARMS AND AMMUNITION SHALL BE
PROHIBITED, EXCEPT THAT THE GOVERNMENT OF SEYCHELLES WILL PERMIT A
LIMITED NUMBER OF SMALL ARMS TO BE MAINTAINED UNDER STRICT CONTROLS AT
THE SITE FOR OFFICIAL PURPOSES.
1. THE GOVERNMENT OF SEYCHELLES SHALL HONOR WITHOUT DRIVING TEST OR
FEE DRIVING PERMITS ISSUED BY THE UNITED STATES OR A SUBDIVISION THEREOF
TO MEMBERS OF THE UNITED STATES FORCES AND TO UNITED STATES CONTRACTOR
PERSONNEL AND THEIR DEPENDENTS, OR ISSUE ITS OWN DRIVING PERMITS WITHOUT
TEST OR FEE TO SUCH PERSONS WHO HOLD SUCH UNITED STATES PERMITS. SUCH
PERSONS WHO DO NOT HOLD DRIVING PERMITS ISSUED BY THE UNITED STATES OR A
SUBDIVISION THEREOF SHALL BE REQUIRED AS A CONDITION OF OPERATING MOTOR
VEHICLES IN SEYCHELLES TO OBTAIN DRIVING PERMITS IN ACCORDANCE WITH THE
LAW IN FORCE IN SEYCHELLES.
2. THE UNITED STATES AUTHORITIES, IN COLLABORATION WITH THE
AUTHORITIES OF SEYCHELLES, SHALL ISSUE APPROPRIATE INSTRUCTION TO
MEMBERS OF THE UNITED STATES FORCES AND TO UNITED STATES CONTRACTORS,
CONTRACTOR PERSONNEL AND THEIR DEPENDENTS, FULLY INFORMING THEM OF THE
TRAFFIC LAWS IN FORCE IN SEYCHELLES AND REQUIRING STRICT COMPLIANCE
THEREWITH. IF, FOLLOWING A CONVICTION A COURT SUSPENDS OR REVOKES A
DRIVING PERMIT, THE SEYCHELLES AUTHORITIES WILL ACT IN ACCORDANCE WITH
THE ORDER OF THE COURT, NOT BEING OBLIGED TO ACT OTHERWISE BY ANYTHING
IN THIS AGREEMENT.
THE APPROPRIATE AUTHORITIES SHALL COLLABORATE IN THE ENFORCEMENT IN
THE SITES OF THE HEALTH AND QUARANTINE LAWS IN FORCE IN SEYCHELLES.
THESE AUTHORITIES SHALL ALSO COLLABORATE IN MAKING ARRANGEMENT FOR THE
IMPROVEMENT OF SANITATION AND THE PROTECTION OF HEALTH IN AREAS OUTSIDE,
BUT IN THE VICINITY OF, THE SITES.
THE UNITED STATES GOVERNMENT SHALL HAVE THE RIGHT TO EMPLOY AND USE
ALL UTILITIES, SERVICES AND FACILITIES, HARBOURS, ROADS HIGHWAYS,
BRIDGES, VIADUCTS, CANALS AND SIMILAR CHANNELS OF TRANSPORTATION IN
SEYCHELLES BELONGING TO OR CONTROLLED OR REGULATED BY OR ON BEHALF OF
THE GOVERNMENT OF SEYCHELLES ON SUCH CONDITIONS AS SHALL BE AGREED
BETWEEN THE UNITED STATES GOVERNMENT AND THE GOVERNMENT OF SEYCHELLES.
1. UNITED STATES PUBLIC VESSELS OPERATED BY THE ARMY, NAVY, AIR
FORCE, COAST GUARD, OR THE COAST AND GEODETIC SURVEY BOUND TO OR
DEPARTING FROM SEYCHELLES FOR THE PURPOSES OF THIS AGREEMENT SHALL NOT
BE SUBJECT TO COMPULSORY PILOTAGE. IF A PILOT IS TAKEN, PILOTAGE SHALL
BE PAID FOR AT APPROPRIATE RATES. SUCH VESSELS SHALL HAVE SUCH
EXEMPTION FROM LIGHT AND HARBOUR DUES IN SEYCHELLES AS SHALL BE AGREED
BETWEEN THE UNITED STATES GOVERNMENT AND THE GOVERNMENT OF SEYCHELLES.
2. AIRCRAFT OWNED OR OPERATED BY OR ON BEHALF OF THE UNITED STATES
GOVERNMENT SHALL HAVE THE RIGHT TO USE AIRPORTS IN SEYCHELLES FOR THE
PURPOSES OF THIS AGREEMENT. NO LANDING CHARGES SHALL BE PAYABLE BY THE
UNITED STATES GOVERNMENT BY REASON OF THE USE BY SUCH AIRCRAFT OF THOSE
AIRPORTS. THE UNITED STATES GOVERNMENT SHALL MAKE A FAIR AND REASONABLE
CONTRIBUTION TO THE MAINTENANCE AND OPERATING COSTS OF AIRPORTS USED BY
SUCH AIRCRAFT, THE AMOUNT OF SUCH CONTRIBUTION BEING DETERMINED BY
AGREEMENT BETWEEN THE APPROPRIATE UNITED STATES AUTHORITIES AND THE
GOVERNMENT OF SEYCHELLES.
THE UNITED STATES GOVERNMENT SHALL HAVE THE RIGHT TO ESTABLISH UNITED
STATES MILITARY POST OFFICES AT THE SITES FOR THE EXCLUSIVE USE OF THE
UNITED STATES AUTHORITIES, THE MEMBERS OF THE UNITED STATES FORCES,
UNITED STATES CONTRACTORS, AND THOSE CONTRACTOR PERSONNEL AND THEIR
DEPENDENTS WHO ARE NATIONALS OF THE UNITED STATES, FOR POSTAL SERVICES
BETWEEN THE UNITED STATES MILITARY POST OFFICE SO ESTABLISHED AND OTHER
UNITED STATES POST OFFICES.
THE GOVERNMENT OF SEYCHELLES SHALL TAKE SUCH STEPS AS MAY FROM TIME
TO TIME BE AGREED WITH THE UNITED STATES GOVERNMENT TO BE NECESSARY WITH
A VIEW TO THE ENACTMENT OF LEGISLATION TO ENSURE THE ADEQUATE SECURITY
AND PROTECTION OF THE FACILITIES AND UNITED STATES EQUIPMENT AND OTHER
PROPERTY AND THE OPERATIONS OF THE UNITED STATES UNDER THIS AGREEMENT,
AND THE PUNISHMENT OF PERSONS WHO MAY CONTRAVENE ANY LAWS OR REGULATIONS
MADE FOR THAT PURPOSE. THE GOVERNMENT OF SEYCHELLES WILL ALSO FROM TIME
TO TIME CONSULT WITH THE UNITED STATES AUTHORITIES IN ORDER THAT THE
LAWS AND REGULATIONS OF THE UNITED STATES OF AMERICA AND OF SEYCHELLES
IN RELATION TO SUCH MATTERS MAY, SO FAR AS CIRCUMSTANCES PERMIT, BE
SIMILAR IN CHARACTER.
NEITHER THE UNITED STATES GOVERNMENT NOR THE UNITED STATES
AUTHORITIES SHALL EXERCISE ANY RIGHTS GRANTED BY THIS AGREEMENT, OR
PERMIT THE EXERCISE THEREOF, EXCEPT FOR THE PURPOSES SPECIFIED IN THIS
AGREEMENT OR AS OTHERWISE AUTHORIZED BY THE GOVERNMENT OF SEYCHELLES.
SUPPLEMENTARY ARRANGEMENT BETWEEN THE APPROPRIATE AUTHORITIES OF THE
TWO GOVERNMENTS MAY BE MADE FROM TIME TO TIME AS REQUIRED, FOR THE
CARRYING OUT OF THE PURPOSES OF THIS AGREEMENT.
IT IS UNDERSTOOD THAT TO THE EXTENT THAT THE CARRYING OUT OF THE
PURPOSES OF THIS AGREEMENT WILL DEPEND UPON FUNDS APPROPRIATED BY THE
CONGRESS OF THE UNITED STATES, IT IS SUBJECT TO THE AVAILABILITY OF SUCH
FUNDS.
1. A. PERSONS ORDINARILY RESIDENT IN SEYCHELLES SHALL BE EMPLOYED ON
ALL OTHER WORK PERFORMED UNDER THE AGREEMENT WHENEVER IT APPEARS THAT
THEY ARE AVAILABLE AND QUALIFIED.
2. IN THE FIXING OF TERMS OF EMPLOYMENT FOR CONTRACTORS AND WORKERS,
PARTICULARLY IN RESPECT OF WAGES AND CONDITIONS OF WORK, SUPPLEMENTARY
PAYMENTS, INSURANCE AND CONDITIONS FOR THE PROTECTION OF WORKERS, CLUBS
AND RECREATIONAL FACILITIES, FULL REGARD SHALL BE GIVEN TO EMPLOYMENT
PRACTICES GENERALLY OBTAINING FOR SIMILAR EMPLOYMENT IN SEYCHELLES, AND
IN NO CASE SHALL THE TERMS OF EMPLOYMENT FOR SUCH WORKERS BE INFERIOR TO
THOSE LAID DOWN BY ANY LEGISLATION IN FORCE IN SEYCHELLES OR ANY
INTERNATIONAL CONVENTION, THE PROVISIONS OF WHICH HAVE BEEN ADOPTED BY
THE UNITED STATES GOVERNMENT AND WHICH APPLY TO SEYCHELLES.
THIS AGREEMENT SHALL ENTER INTO FORCE UPON SIGNATURE BY BOTH
GOVERNMENTS, AND REMAIN IN EFFECT FOR A PERIOD OF TEN YEARS THEREAFTER.
DURING THE FIRST FIVE YEARS, IT MAY BE TERMINATED BY THE UNITED STATES
GOVERNMENT UPON ONE YEAR'S NOTICE. THEREAFTER, IT MAY BE TERMINATED BY
EITHER GOVERNMENT ON ONE YEAR'S NOTICE.
SIGNED IN DUPLICATE AT VICTORIA, MAHE, SEYCHELLES THIS 29TH DAY OF
JUNE, 1976.
FOR THE GOVERNMENT OF THE UNITED STATES OF AMERICA
FOR THE GOVERNMENT OF THE REPUBLIC OF SEYCHELLES
I BERNARD RASSOOL, ASSISTANT OFFICIAL NOTARY, HEREBY CERTIFY THAT
THIS DOCUMENT CONSISTING OF 31 PAGES TO WHICH MY SEAL OF OFFICE HAS BEEN
AFFIXED IS A TRUE COPY OF THE ORIGINAL SIGNED ON THE 29TH JUNE, 1976.
I, SAMUEL J. STEVENSON, MAJOR, USAF, HEREBY CERTIFY THAT THIS
DOCUMENT OF 31 PAGES IS A TRUE COPY OF THE COPY CERTIFIED BY MR. BERNARD
RASSOOL EVIDENCED BY THE PRECEEDING NOTATION.
SAMUEL J. STEVENSON, MAJOR, USAF
DEPUTY COMMANDER, DETACHMENT 4 AFSCF
27 AUGUST 1976
SEYCHELLES 29 JUN 1976 FLITE DOCUMENT NO. 7950044
LEASE EXECUTED 29 JUNE 1976.
LEASE TO THE UNITED STATES BY THE REPUBLIC OF SEYCHELLES OF A
TRACKING FACILITY ON THE ISLAND OF MAHE.
RESULT OF AGREEMENT OF 29 JUNE 1976.
WHEREAS, IN THE AGREEMENT BETWEEN THE GOVERNMENT OF SEYCHELLES AND
THE GOVERNMENT OF THE UNITED STATES OF AMERICA DATED JUNE 29, 1976,
REGARDING THE OPERATION OF A TRACKING FACILITY ON THE ISLAND OF MAHE
(HEREINAFTER REFERRED TO AS "THE AGREEMENT"), THE GOVERNMENT OF
SEYCHELLES UNDERTAKES IN ARTICLE IV THEREOF TO CONTINUE TO MAKE
AVAILABLE TO THE GOVERNMENT OF THE UNITED STATES OF AMERICA THE SITES,
RIGHTS OF WAY AND EASEMENTS BEING USED BY THE TRACKING FACILITY ON THE
DATE THE AGREEMENT ENTERS INTO FORCE; AND
WHEREAS, ARTICLE IV OF THE AGREEMENT FURTHER PROVIDES THAT SAID
SITES, RIGHTS OF WAY AND EASEMENTS SHALL BE THE SUBJECT OF A LEASE TO BE
CONCLUDED BY APPROPRIATE AUTHORITIES OF THE TWO GOVERNMENTS;
NOW THEREFORE, THIS LEASE IS MADE BY AND BETWEEN THE GOVERNMENT OF
SEYCHELLES ACTING BY AND THROUGH THE SECRETARY TO THE CABINET
(HEREINAFTER CALLED "THE LESSOR"), AND THE GOVERNMENT OF THE UNITED
STATES OF AMERICA ACTING BY AND THROUGH THE DEPARTMENT OF THE AIR FORCE
(HEREINAFTER CALLED "THE LESSEE").
1. LEASED PROPERTY. THE LESSOR LEASES TO THE LESSEE THE SITES,
RIGHTS OF WAY AND EASEMENTS ON MAHE ISLAND BEING USED BY THE TRACKING
FACILITY ON THIS DATE PURSUANT TO PREVIOUS ARRANGEMENTS.
2. TERM. THE TERM OF THIS LEASE SHALL BEGIN ON JUNE 29, 1976 AND
CONTINUE THROUGH JUNE 28, 1977.
3. USE. LESSEE'S USE OF THE LEASED PROPERTY SHALL BE FOR THE
PURPOSES OF THE AGREEMENT.
4. CONSIDERATION. THE LESSEE SHALL PAY TO THE LESSOR THE AMOUNT OF
TWO MILLION UNITED STATES DOLLARS ($2,000,000), PAYABLE IN FOUR PAYMENTS
OF FIVE HUNDRED THOUSAND UNITED STATES DOLLARS ($500,000) EACH ON JUNE
29, 1976, SEPTEMBER 29, 1976, DECEMBER 29, 1976, AND MARCH 29, 1977.
CHECKS SHALL BE MADE PAYABLE TO THE GOVERNMENT OF SEYCHELLES AND AWARDED
TO THE ACCOUNTANT GENERAL.
5. RENEWAL. THE LESSEE SHALL HAVE THE OPTION TO RENEW THIS LEASE
ANNUALLY DURING THE PERIOD THE AGREEMENT REMAINS IN FORCE AT THE ANNUAL
RENTAL RATES SPECIFIED IN THE SCHEDULE ATTACHED HERETO AND MADE A PART
HEREOF. THIS LEASE SHALL BE AUTOMATICALLY RENEWED EACH YEAR AT THE
RATES SPECIFIED IN THE SCHEDULE UNLESS THE LESSEE GIVES THE LESSOR
WRITTEN NOTICE TO THE CONTRARY NOT LESS THAN SIXTY DAYS PRIOR TO THE
EXPIRATION OF ANY ANNUAL TERM.
IN WITNESS WHEREOF, THE PARTIES HERETO HAVE ON THIS 29TH DAY OF JUNE,
1976 EXECUTED THIS LEASE.
SEYCHELLES
BY: . . .
SECRETARY TO THE CABINET
YEAR ANNUAL RENT (US$) QUARTERLY PAYMENT
JUNE 29, 1977 TO JUNE 28, 1978 $1,500,000 $375,000
JUNE 29, 1978 TO JUNE 28, 1979 $500,000 $125,000
JUNE 29, 1979 TO JUNE 28, 1980 $550,000 $137,500
JUNE 29, 1980 TO JUNE 28, 1981 $600,000 $150,000
JUNE 29, 1981 TO JUNE 28, 1982 $650,000 $162,500
JUNE 29, 1982 TO JUNE 28, 1983 $700,000 $175,000
JUNE 29, 1983 TO JUNE 28, 1984 $750,000 $187,500
JUNE 29, 1984 TO JUNE 28, 1985 $800,000 $200,000
JUNE 29, 1985 TO JUNE 28, 1986 $850,000 $212,500
GERMANY, FEDERAL REPUBLIC OF 28 FEB 1975 FLITE DOCUMENT NO. 7950043
MEMORANDUM OF UNDERSTANDING EXECUTED 18 FEBRUARY AND 28 FEBRUARY
1975.
MEMORANDUM OF UNDERSTANDING PERTAINING TO COOPERATIVE TESTS FOR THE
ROLAND 2 ALL SHORT RANGE AIR DEFENSE SYSTEM.
MEMORANDUM OF UNDERSTANDING PERTAINING TO COOPERATIVE TESTS FOR THE
ROLAND 2 ALL SHORT RANGE AIR DEFENSE SYSTEM
1. INTRODUCTION AND OBJECTIVE
1.1 THE UNITED STATES DEPARTMENT OF THE ARMY (USDA) HAS AWARDED A
CONTRACT TO PERFORM ENGINEERING DEVELOPMENT AND FABRICATION OF
PROTOTYPES OF AN ALL WEATHER SHORT RANGE AIR DEFENSE SYSTEM (AWSHORADS)
BASED ON THE FEDERAL MINISTRY OF DEFENSE (FMOD) ROLAND 2 AIR DEFENSE
SYSTEM.
1.2 IN ORDER TO TEST THE OPERATIONAL AND PERFORMANCE CAPABILITIES OF
THE BASIC ENGINEERING DESIGN OF THE FMOD ROLAND 2 SYSTEM PRIOR TO FINAL
US CONTRACTOR FABRICATION OF PROTOTYPES, USDA WISHES TO PERFORM CERTAIN
PERFORMANCE TESTS (PT) AND OPERATIONAL TESTS (OT).
1.3 THE FMOD WISHES TO PARTICIPATE IN THE ABOVE MENTIONED TESTS IN
ORDER TO OBTAIN ADDITIONAL TECHNICAL AND OPERATIONAL INFORMATION ON THE
ROLAND 2.
1.4 THEREFORE THE USDA AND FMOD HAVE DECIDED TO JOINTLY CONDUCT SUCH
TESTS ON THE ROLAND 2.
1.5 FOR PURPOSES OF THIS MOU, THE FMOD IS ALSO ACTING WITH THE
CONCURRENCE OF THE FRENCH MINISTRY OF DEFENSE.
2. MISSION AND ORGANIZATION
2.1 PURSUANT TO THIS AGREEMENT THE USDA AND THE FMOD WILL JOINTLY
IMPLEMENT:
- PERFORMANCE TESTS AND
- TESTS UNDER MILITARY OPERATIONAL CONDITIONS.
DETAILS MAY BE GATHERED FROM ANNEX 1, WHICH IS A COMPONENT OF THIS
AGREEMENT.
2.2 THE USDA AND THE FMOD WILL ESTABLISH A JOINT WORKING STAFF FOR
IMPLEMENTATION OF THE TESTS AND EXPERIMENTS, WHICH WILL BE JOINTLY
HEADED BY TWO TEST DIRECTORS ONE FROM EACH COUNTRY. ADDITIONALLY THE
FRENCH MINISTRY OF DEFENSE WILL APPOINT A DEPUTY DIRECTOR FOR SUCH TESTS
AS MAY BE CONDUCTED IN FRANCE. THE ORGANIZATION IN DETAIL IS SHOWN IN
ANNEX 1.
2.3 THE TEST DIRECTORS (TD) ARE AUTHORIZED TO COMMUNICATE DIRECTLY
WITH EACH OTHER WITHIN SPECIAL PROCEDURES DESCRIBED BY THEIR NATIONAL
AUTHORITIES FOR EXCHANGE OF INFORMATION AND ROUTINE MATTERS PERTAINING
TO THIS PROGRAM.
2.4 TESTING PERFORMED UNDER THIS MOU WILL BE LIMITED TO THAT
DESCRIBED IN ANNEX 1 EXCEPT FOR CHANGES TO THE TEST PLAN WHICH DO NOT
INCREASE COST, TIMESCALE OR ADD TO THE COMPLEXITY OF THE COOPERATIVE
TEST PLAN. REDUCTION IN SCOPE AND MATERIALS REQUIRED MAY BE MADE BY
ARRANGEMENT OF THE TD'S ONLY WITH THE CONCURRENCE OF THE USDA SHORADS
PM, USATECOM AND USAOTEA TOGETHER WITH ANY CONCURRENCES REQUIRED BY THE
FMOD.
2.5 NECESSARY CHANGES WHICH EXCEED THE AUTHORITY OF THE TD'S SET
FORTH ABOVE, OR FAILURE OF THE TD'S TO AGREE ON IMPLEMENTATION OF ANY
ELEMENT OF THE COOPERATIVE TEST PLAN, WILL BE REFERRED TO THE
SIGNATORIES OF THIS MOU FOR RESOLUTION.
2.6 USDA AS HOST COUNTRY WILL INSURE THE PREREQUISITES FOR THE TESTS
THAT WILL BE IMPLEMENTED IN THE USA ON THE AMERICAN CONTINENT ARE MET.
THE FMOD AS HOST COUNTRY WILL INSURE THE PREREQUISITES FOR THE TESTS,
WHICH WILL BE IMPLEMENTED IN THE FEDERAL REPUBLIC OF GERMANY, AND WILL
ASSURE THAT EQUAL PREREQUISITES WILL ALSO EXIST FOR THE TESTS TO BE
IMPLEMENTED IN FRANCE.
3. GOVERNMENT FURNISHED EQUIPMENT AND SUPPORT
3.1 THE FMOD AND USDA WILL MAKE AVAILABLE THE MATERIAL REQUIRED FOR
THE JOINT TEST PROGRAM - AS FAR AS AVAILABLE. THESE SERVICES INCLUDE
PERSONNEL, MATERIAL, TECHNICAL FACILITIES AND RANGES. THE USDA PROVIDED
EQUIPMENT AND SUPPORT IS LISTED IN ANNEX 2, THE FRG PROVIDED EQUIPMENT
AND SUPPORT IS LISTED IN ANNEX 3.
3.2 USDA AND THE FMOD WILL EACH MAKE AVAILABLE TRANSPORTATION
APPROPRIATE FOR THE REQUIRED TRANSPORTATION OF PERSONNEL AND MATERIAL,
INASMUCH AS THEY ARE IN A POSITION FROM THEIR OWN MEANS (RESOURCES).
THE FOLLOWING SHALL APPLY AS REGARDS NECESSARY TRANSATLANTIC AIR
TRANSPORTS: USDA WILL BE RESPONSIBLE FOR THE TRANSPORTATION OF ALL
MATERIAL, WHEREAS THE FMOD WILL BE RESPONSIBLE FOR THE TRANSPORTATION OF
ITS PERSONNEL AND, THE BASIS OF SPACE AVAILABLE, ALSO FOR THE
TRANSPORTATION OF US PERSONNEL. AS TO DETAILS OF THE TRANSPORT SERVICES
TO BE ACCOMPLISHED BY USDA REFER TO ANNEX 2 AND REGARDING THE FMOD TO
ANNEX 3.
4. FINANCIAL RESPONSIBILITY
4.1 THE EQUIPMENT AND SERVICES OF THE GOVERNMENTS PROVIDED FOR IN
ART. 3 ABOVE WILL BE FREE OF CHARGE UNLESS OTHERWISE AGREED IN THIS
ARTICLE.
4.2 TO ASSIST THE FMOD IN DEFRAYING THE COSTS IT WILL INCUR WITH
INDUSTRY IN SUPPORT OF THIS PROGRAM, THE USDA AGREES TO REIMBURSE THE
FMOD FOR 50% OF SUCH COSTS BUT NOT TO EXCEED DM 7,000,000. THIS AMOUNT
IS THE USDA MAXIMUM LIABILITY TO FMOD EXCEPT AS SPECIFIED IN PARAGRAPH
4.4 BELOW. THESE PAYMENTS WILL BE MADE AS COSTS ARE INCURRED BUT NOT
EXCEED THE AMOUNT OF DM 2,250,000 NOT LATER THAN 30 JUNE 1975 AND THE
REMAINDER OF THE LIABILITY INCURRED HEREUNDER NOT LATER THAN 30 JUNE
1976.
4.3 TURN-OVER TAXES AND CUSTOMS WILL BE BORNE BY THE PARTY TO THE
AGREEMENT, ON WHOSE TERRAIN THEY ARE CHARGED.
4.4 SHOULD EITHER THE USDA OR FMOD BE REQUESTED TO PROVIDE HOUSING
AND MESSING FACILITIES, SUCH FACILITIES SHALL BE PROVIDED ON A
REIMBURSABLE BASIS.
5. EXCHANGES OF INFORMATION
5.1 ALL DATA RESULTING FROM THIS PROGRAM WILL BE CONSIDERED TO BE
COMBINED MILITARY INFORMATION WITH OWNERSHIP AND CONTROL THEREOF
RESIDING EQUALLY IN THE USDA THE FMOD AND THE FRENCH MINISTRY OF
DEFENSE. SUCH COMBINED MILITARY INFORMATION MAY NOT BE RELEASED TO A
FOURTH GOVERNMENT BY EITHER THE USDA THE FMOD OR THE FRENCH MINISTRY OF
DEFENSE WITHOUT THE CONSENT OF THE OTHER PARTIES.
5.2 THE USLA AND THE FMOD WILL PROMPTLY PROVIDE TO EACH OTHER,
THROUGH THE ORGANIZATION SPECIFIED FOR THIS PROGRAM IN ANNEX 1, SUCH
TECHNICAL AND OPERATIONAL DATA AS MAY BE NECESSARY, IN THE JUDGEMENT OF
THE TD'S TO THE CONDUCT OF THIS PROGRAM.
5.3 THE TECHNICAL AND OPERATIONAL DATA PROVIDED UNDER PARA 5.2 WILL
BE EXCHANGED FREE OF CHARGE FOR EVALUATION PURPOSES ONLY BY THE
RECEIVING GOVERNMENT AND ITS CONTRACTOR(S) DIRECTLY INVOLVED IN THIS
PROGRAM. SUCH DATA AS IS SO PROVIDED WILL NOT BE DIVULGED TO ANY OTHER
PARTY EXCEPT WITH WRITTEN APPROVAL FROM THE ORIGINATING GOVERNMENT.
EACH GOVERNMENT WILL DESIGNATE AN AUTHORITY FOR THE EXPEDITIOUS
PROCESSING OF REQUESTS FOR INFORMATION. THESE RESTRICTIONS WILL NOT
LIMIT THE RIGHT OF THE USDA THE FMOD, THE FRENCH MINISTRY OF DEFENSE, OR
ITS DIRECTLY INVOLVED CONTRACTORS, TO USE, DISCLOSE OR REPRODUCE
INFORMATION PROVIDED UNDER PARA 5.2 IF THE USDA, FMOD, FRENCH MINISTRY
OF DEFENSE, OR ITS DIRECTLY INVOLVED CONTRACTORS, OBTAINED RIGHTS TO USE
SUCH DATA OR INFORMATION FROM ANOTHER SOURCE OR IF SUCH DATA OR
INFORMATION IS IN THE PUBLIC DOMAIN. ANY DATA OR INFORMATION DISCLOSED
ORALLY OR VISUALLY WILL, WHENEVER APPROPRIATE AND PRACTICABLE, BE
REDUCED TO DOCUMENTARY FORM. THE USDA, FMOD AND THE FRENCH MINISTRY OF
DEFENSE WILL TAKE ALL REASONABLE STEPS NECESSARY TO ENSURE THAT ANY
INFORMATION DISCLOSED ORALLY OR VISUALLY WHICH IS NOT REDUCED TO
DOCUMENTARY FORM IS NOT USED OR DISCLOSED EXCEPT AS PERMITTED UNDER THIS
PARAGRAPH FOR DOCUMENTARY INFORMATION.
5.4 AS A GENERAL RULE TEST REPORTS WILL BE PREPARED JOINTLY BY THE
TD'S. HOWEVER, PREPARATION OF THE FINAL TEST REPORT SHALL BE THE
RESPONSIBILITY OF THE USDA TD. ALL TEST REPORTS WILL BE PROMPTLY
EXCHANGED BY THE TD'S. SINCE EACH TEST REPORT IS IDENTIFIED AS COMBINED
MILITARY INFORMATION (PARA 5.1) THE TD'S SHOULD CONSULT ON AND OVERSEE
THEIR PREPARATION.
6. CLAIMS
6.1 CLAIMS ARISING FROM THIS PROGRAM WILL BE DEALT WITH IN ACCORDANCE
WITH THE PROVISIONS OF ARTICLE VIII OF THE AGREEMENT REGARDING THE
STATUS OF FORCES OF PARTIES TO THE NORTH ATLANTIC TREATY (SOFA) PROVIDED
THAT:
6.1.1 ANY US, FRG OR FRENCH PERSONNEL WHO PARTICIPATE IN THE PROGRAM
AS TECHNICAL EXPERTS BUT WHO DO NOT COME WITHIN THE DEFINITION OF
"CIVILIAN COMPONENT" IN ARTICLE I OF SOFA WILL NEVERTHELESS BE DEEMED,
FOR THE PURPOSES OF THIS MOU, TO BE MEMBERS OF A CIVILIAN COMPONENT
ACCOMPANYING A FORCE.
6.1.2 ALL PROPERTY OWNED BY THE USDA, THE FMOD, THE FRENCH MINISTRY
OF DEFENSE OR THEIR CONTRACTORS AND USED IN CONNECTION WITH THIS PROGRAM
WILL BE DEEMED TO BE PROPERTY OWNED BY A CONTRACTING PARTY TO THIS MOU
AND USED BY ITS LAND, SEA OR AIR ARMED FORCES.
6.1.3 THE PROVISIONS OF THE SOFA WILL NOT APPLY TO CLAIMS IN RESPECT
TO DAMAGE, LOSS OR INJURY CAUSED BY VEHICLES OWNED OR HIRED AND OPERATED
BY USDA, FMOD OR FRENCH CONTRACTORS IN THE TERRITORY OF THE HOST
GOVERNMENT. THEREFORE, ANY PERSONAL VEHICLE OPERATED BY THE FMOD, USDA,
OR FRENCH CONTRACTORS PERSONNEL IN THE HOST TERRITORY WILL COMPLY WITH
THE INSURANCE LIABILITY REQUIREMENTS OF THE STATE OR TERRITORY IN WHICH
THE OWNER OR OPERATOR THEREOF MAY BE RESIDING FOR PURPOSES OF EXECUTION
OF THIS PROGRAM. IF ANY SUCH VEHICLE SHOULD BE OPERATED ON A MILITARY
INSTALLATION, THE OWNER OR OPERATOR OF SUCH VEHICLE SHALL COMPLY WITH
THE INSURANCE REQUIREMENTS OF THE MILITARY INSTALLATION WHERE OPERATED.
IN THE EVENT THAT THE STATE OR TERRITORY INSURANCE REQUIREMENTS ARE
LESS THAN THE INSURANCE REQUIREMENTS OF THE MILITARY INSTALLATION, ANY
VEHICLE OPERATED ON THE MILITARY INSTALLATION WOULD BE REQUIRED TO SHOW
PROOF OF INSURANCE IN ACCORDANCE WITH THE MILITARY INSTALLATION
REQUIREMENTS.
7. VISITS
7.1 IN ADDITION TO THE PROVISION CONCERNING VISITS ENUMERATED IN THE
COOPERATIVE TEST PLAN (ANNEX 1 HERETO) THE FOLLOWING WILL ALSO APPLY:
7.1.1 SUBJECT TO ITS NATIONAL SECURITY REQUIREMENTS, THE USDA WILL
PROVIDE FOR VISITS OF FMOD, FRENCH MINISTRY OF DEFENSE AND THEIR
CONTRACTOR PERSONNEL TO TEST SITES IN THE US FOR THE PURPOSES OF
STUDYING OR OBSERVING THE COOPERATIVE TESTS.
7.1.2 SUBJECT TO FRENCH AND GERMAN NATIONAL SECURITY REQUIREMENTS,
THE FMOD WILL PROVIDE FOR VISITS OF USDA AND ITS CONTRACTOR PERSONNEL TO
TESTS SITES IN GERMANY AND FRANCE FOR THE PURPOSES OF STUDYING OR
OBSERVING THE COOPERATIVE TESTS.
7.1.3 VISITS DESCRIBED IN 7.1.1 AND 7.1.2 ABOVE WILL BE ARRANGED BY
THE TD'S SO THAT TESTS OR WORK BEING CARRIED ON WILL NOT BE DISTURBED.
OFFICIAL REQUESTS AND CLEARANCES FOR THESE VISITS WILL BE PROCESSED
THROUGH ESTABLISHED NATIONAL CHANNELS.
7.2 ALL VISITING PERSONNEL WILL COMPLY WITH ALL SECURITY REGULATIONS
OF THE HOST COUNTRY AND ANY TRADE SECRETS OR PROPRIETARY TECHNICAL DATA
DISCLOSED TO SUCH VISITORS WILL BE TREATED AS IF SUPPLIED TO THE SPONSOR
GOVERNMENT OF SUCH VISITORS.
8. SECURITY
8.1 ALL INFORMATION OR MATERIEL SUPPLIED OR EXCHANGED UNDER THIS
PROGRAM WILL BE SUBJECT TO:
8.1.1 THE US/FRG GENERAL SECURITY AGREEMENT OF 23 DECEMBER 1960.
8.1.2 THE NATO AGREEMENT ON THE COMMUNICATION OF TECHNICAL
INFORMATION FOR DEFENSE PURPOSES AND ITS IMPLEMENTING PROCEDURES DATED
19 OCTOBER 1970.
8.2 INFORMATION OR MATERIEL CLASSIFIED UP TO AND INCLUDING US/SECRET
AND ITS FRG OR FRENCH EQUIVALENT MAY BE EXCHANGED OR SUPPLIED UNDER THIS
PROGRAM.
8.3 CLASSIFICATION OF TEST REPORTS CONTAINING COMBINED MILITARY
INFORMATION WILL BE AS AGREED TO BY THE TD'S. TEST REPORTS CONTAINING
INFORMATION PROVIDED BY EITHER PARTICIPANT WILL, AT A MINIMUM, BEAR A
CLASSIFICATION AT LEAST EQUAL TO THE CLASSIFICATION ASSIGNED BY THE
ORIGINATOR.
9. EFFECTIVE DATE AND DURATION
9.1 THIS MOU WILL BE EFFECTIVE AS OF THE DATE OF THE LAST OFFICIAL
SIGNATURE.
9.2 THE AGREEMENT TO EXCHANGE INFORMATION UNDER THIS PROGRAM WILL
EXTEND BEYOND COMPLETION OF THE COOPERATIVE TEST PLAN (ANNEX 1) TO
COMPLETION AND PUBLICATION OF THE DELIBERATIONS AS REGARDS THE ROLAND
PROGRAM, OF THE US DEFENSE SYSTEMS ACQUISITION REVIEW COMMITTEE - 2 A
(DSARC-2A), UNLESS EARLIER TERMINATED BY AGREEMENT OF THE SIGNATORIES
HERETO.
BONN, 18 FEBRUARY 1975
THE FEDERAL MINISTER OF DEFENSE
IM AUFTRAG
GERMANY, FEDERAL REPUBLIC OF 21 AUG 1975 FLITE DOCUMENT NO. 7950042
AGREEMENT EXECUTED 24 JULY AND 21 AUGUST 1975.
AGREEMENT REGARDING TO THE STATIONING OF LIAISON PERSONNEL AT BORDER
CROSSING POINTS.
SUPERSEDES AGREEMENT OF 14 FEBRUARY AND 7 APRIL 1961.
FEDERAL MINISTRY OF FINANCE
III B 2 - Z 1758 - 5/75
COL THOMAS J. HELLER
CINCUSAREUR LIAISON OFFICER
AMERICAN EMBASSY
53 BONN-BAD GODESBERG
MEHLEMER AUE
SUBJECT: STATIONING OF LIAISON PERSONNEL AT BORDER CROSSING POINTS
PURSUANT TO PARAGRAPH 6, ARTICLE 3, SUPPLEMENTARY AGREEMENT TO THE NATO
STATUS OF FORCES AGREEMENT
REFERENCE: YOUR LETTER OF 30 JULY 1975, AUTLBN
DEAR COLONEL HELLER,
IN YOUR LETTER OF 30 JULY 1975
A) YOU PROPOSE THAT THE LIAISON PERSONNEL OF THE US FORCES BE
WITHDRAWN FROM THE BORDER CROSSING POINTS
BREMERHAVEN FREE PORT
BREMEN AIRPORT AND PORT
ECHTERDINGEN AIRPORT;
HOWEVER, AN ON-CALL SERVICE FROM THE NEAREST INLAND STATIONING
LOCATION (I.E. BREMERHAVEN, BREMEN, AND STUTTGART) WILL BE ATTAINED TO
ASSIST GERMAN CUSTOMS UPON REQUEST,
B) YOU INFORM THIS MINISTRY THAT LIAISON PERSONNEL OR PERSONNEL OF
THE 42D MP GROUP (CUSTOMS) - WILL CONTINUE TO BE STATIONED ON A
PERMANENT BASIS AT THE BORDER CROSSING POINTS AT
HELMSTEDT
FRANKFURT RHEIN-MAIN AIRPORT MILITARY AND CIVILIAN AIRPORT), AND
HEERENBERGER BRUCKE;
C) FURTHERMORE YOU INFORM THIS MINISTRY THAT THESE FORCES WILL, IN
COORDINATION WITH THE FEDERAL MINISTRY OF FINANCE (WORD ILLEGIBLE) 42D
MP GROUP (CUSTOMS) PERSONNEL AT FRONTIER CROSSING POINTS OTHER THAN
THOSE LISTED IN SUBPARAGRAPH B), ABOVE, IF SUCH IS INDICATED BY CHANGES
IN TRAFFIC CONDITIONS OR REQUESTED BY THE APPROPRIATE GERMAN
AUTHORITIES.
I AM HONORED TO INFORM YOU THAT THE FEDERAL MINISTRY OF FINANCE
AGREES WITH THE ABOVE MENTIONED ARRANGEMENT AND CONSIDERS IT AS
CONSTITUTING AN AGREEMENT WITHIN THE MEANING OF PARAGRAPH 6, ARTICLE 3
OF THE SUPPLEMENTARY AGREEMENT TO THE NATO STATUS OF FORCES AGREEMENT.
THE AGREEMENT OF 14 FEBRUARY/7 APRIL 1961 IS HEREBY SUPERSEDED.
THIS IS A TRUE TRANSLATION:
G. RADEWSKI
HQ, 42D MP GP (CUSTOMS)
APO 09086 (PAGE ILLEGIBLE) (PAGE ILLEGIBLE)
APPROPRIATE MEASURES (WORD ILLEGIBLE) CLOSE AND RECIPROCAL LIAISON
WITHIN THE SCOPE OF THE CO-OPERATION PROVIDED FOR IN PARAGRAPHS 1 AND 2
OF THIS ARTICLE.
4. THE GERMAN AUTHORITIES AND THE AUTHORITIES OF A SENDING STATE
SHALL TAKE ALL THE ADMINISTRATIVE MEASURES NECESSARY FOR THE
IMPLEMENTATION OF THE NATO STATUS OF FORCES AGREEMENT AND OF THE PRESENT
AGREEMENT, AND, WHERE NECESSARY, SHALL CONCLUDE ADMINISTRATIVE OR OTHER
AGREEMENTS TO THAT END.
5. (A) IN THE IMPLEMENTATION OF PROVISIONS IN THE FIELD OF SUPPORT
CONTAINED IN THE NATO STATUS OF FORCES AGREEMENT AND IN THE PRESENT
AGREEMENT, THE GERMAN AUTHORITIES SHALL ACCORD TO A FORCE AND TO A
CIVILIAN COMPONENT SUCH TREATMENT AS IS NECESSARY FOR THE SATISFACTORY
FULFILMENT OF THEIR DEFENCE RESPONSIBILITIES.
(B) IN ASSERTING THE RIGHTS ACCORDED TO THEM UNDER THE PROVISIONS
REFERRED TO IN SUBPARAGRAPH (A) OF THIS PARAGRAPH, THE AUTHORITIES OF A
FORCE AND OF A CIVILIAN COMPONENT SHALL, WITH A VIEW TO REASONABLE
RECONCILIATION OF THEIR REQUIREMENTS AND THOSE OF THE FEDERAL REPUBLIC,
TAKE INTO DUE ACCOUNT GERMAN PUBLIC AND PRIVATE INTERESTS.
6. THE GERMAN AUTHORITIES AND THE AUTHORITIES OF A FORCE SHALL AGREE
ON FRONTIER CROSSING POINTS AT WHICH LIAISON OFFICIALS OF THE SENDING
STATE ARE TO BE STATIONED. THESE OFFICIALS SHALL ASSIST THE GERMAN
AUTHORITIES IN THEIR CONTROL FUNCTIONS IN ORDER TO ENSURE THE SPEEDY AND
UNOBSTRUCTED PASSAGE OF THE FORCE, THE CIVILIAN COMPONENT, THEIR MEMBERS
AND DEPENDENTS, AND THEIR ACCOMPANYING BAGGAGE, AND OF CONSIGNMENTS OF
GOODS AND MATERIALS SHIPPED BY THE FORCE OR ON ITS BEHALF OR FOR ITS
ACCOUNT FOR THE USE OF THE FORCE OR OF THE CIVILIAN COMPONENT, THEIR
MEMBERS AND DEPENDENTS.
7. IF, IN THE IMPLEMENTATION OF THE NATO STATUS OF FORCES AGREEMENT
AND OF THE PRESENT AGREEMENT, NO AGREEMENT IS REACHED EITHER ON THE
LOCAL OR ON THE REGIONAL LEVEL BETWEEN THE GERMAN AUTHORITIES AND THE
AUTHORITIES OF A FORCE, THE MATTER SHALL, UNLESS THE NATO STATUS OF
FORCES AGREEMENT OR THE PRESENT AGREEMENT PROVIDES A SPECIAL PROCEDURE,
BE REFERRED TO THE COMPETENT CENTRAL FEDERAL AUTHORITY AND THE HIGHER
AUTHORITY OF THE FORCE. THE FEDERAL GOVERNMENT OR THE HIGHER AUTHORITY
OF THE FORCE SHALL ISSUE ANY INDIVIDUAL INSTRUCTIONS THAT MAY BE
NECESSARY TO THE GERMAN AUTHORITIES OR TO THE AUTHORITIES OF THE FORCE
AND THE CIVILIAN COMPONENT RESPECTIVELY.
1. THE EXERCISE OF RIGHTS AND THE FULFILMENT OF OBLIGATIONS WHICH A
SENDING STATE DERIVES FROM THE NATO STATUS OF FORCES AGREEMENT AND THE
PRESENT AGREEMENT MAY, WITH THE CONSENT OF THE FEDERAL GOVERNMENT, BE
EFFECTED BY OTHER SENDING STATES IN ACCORDANCE WITH ADMINISTRATIVE
AGREEMENTS TO BE CONCLUDED BETWEEN THE SENDING STATES CONCERNED.
2. UNTIL THE ENTRY INTO FORCE OF THE ADMINISTRATIVE AGREEMENTS
REFERRED TO IN PARAGRAPH 1 OF THIS ARTICLE, THE AGREEMENTS BETWEEN THE
SENDING STATES CONCERNED GOVERNING THE EXERCISE OF RIGHTS AND THE
FULFILMENT OF OBLIGATIONS AT THE TIME OF THE ENTRY INTO FORCE OF THE
PRESENT AGREEMENT SHALL REMAIN APPLICABLE IN THE FIELDS TO WHICH THEY
RELATE, UNLESS THE SENDING STATE CONCERNED AND THE FEDERAL REPUBLIC OF
ITS INTENTION NO LONGER TO APPLY THE LATTER AGREEMENTS.
1. THE FOLLOWING PROVISIONS SHALL APPLY WITH RESPECT TO
IDENTIFICATION WITHIN THE FEDERAL TERRITORY:
(A) MEMBERS OF A FORCE SHALL NOT BE REQUIRED TO HAVE MOVEMENT ORDERS.
(B) UNIFORMED MEMBERS OF A FORCE MOVING IN UNITS UNDER MILITARY
COMMAND NEED NOT GIVE PROOF OF THEIR IDENTITY. IN EXCEPTIONAL CASES
WHERE IT IS NECESSARY TO ESTABLISH IMMEDIATELY THE IDENTITY OF A UNIT,
THE COMMANDER OF THE UNIT SHALL, UPON REQUEST OF THE GERMAN AUTHORITIES,
PRODUCE HIS PERSONAL IDENTITY CARD.
(C) MEMBERS OF A CIVILIAN COMPONENT AND DEPENDENTS WHO DO NOT CARRY
WITH THEM A PASSPORT OR A DOCUMENT ACKNOWLEDGED AS EQUIVALENT UNDER
GERMAN LAW SHALL GIVE PROOF OF THEIR IDENTITY BY MEANS OF AN IDENTITY
DOCUMENT ISSUED BY THE AUTHORITIES OF THE SENDING STATE, SHOWING NAME,
DATE OF BIRTH AND PHOTOGRAPH OF THE HOLDER, A SERIAL NUMBER OR THE NAME
OF THE ISSUING
VII. CUSTOMS CONTROL OF MEMBERS
1. AT THE FRONTIER
(A) INTERNATIONAL CROSSING POINTS
(I) THE LIAISON PERSONNEL PROVIDED FOR UNDER PARAGRAPH 6 OF ARTICLE 3
OF THE SUPPLEMENTARY AGREEMENT TO ASSIST THE GERMAN CUSTOMS OFFICIALS IN
THEIR CONTROLS MAY BE STATIONED AT SUCH CROSSING POINTS AS ARE USED BY A
CONSIDERABLE NUMBER OF MEMBERS OR USED TO A CONSIDERABLE EXTENT FOR
TRAFFIC IN GOODS FOR THE FORCE. THE NUMBER OF PERSONS SHALL BE DEEMED
"CONSIDERABLE" IF, ON AN AVERAGE, THE NUMBER OF PERSONS CROSSING THE
POINT IN EITHER DIRECTION TOGETHER TOTALS 100 MEMBERS OF THE FORCE
CONCERNED PER DAY. IN THE CASE OF CROSSING POINTS USED BY A
CONSIDERABLE NUMBER OF MEMBERS ONLY ON CERTAIN DAYS (E.G., WEEKENDS),
LIAISON PERSONNEL MAY BE ATTACHED ON THE DAYS CONCERNED.
(II) CROSSING POINTS AT WHICH LIAISON PERSONNEL ARE TO BE STATIONED
AS PROVIDED FOR IN ACCORDANCE WITH ITEM (I) ABOVE SHALL BE DETERMINED BY
AGREEMENT WITH THE FORCE CONCERNED. IF, OWING TO CHANGES IN TRAFFIC THE
CONDITIONS REFERRED TO UNDER ITEM (I) ABOVE REGARDING THE STATIONING OF
LIAISON PERSONNEL NO LONGER EXIST, SUCH PERSONNEL SHALL BE WITHDRAWN BY
MUTUAL AGREEMENT FROM THE CROSSING POINTS CONCERNED.
(III) THE PROVISIONS UNDER ITEMS (I) AND (II) ABOVE DO NOT EXCLUDE
THE STATIONING OF LIAISON PERSONNEL AT INLAND PLACES FOR CERTAIN SECTORS
OF THE CROSSING POINTS.
(B) FRONTIER CONTROL POSTS
THE PROVISIONS UNDER SUB-PARAGRAPH (A) ABOVE SHALL APPLY MUTATIS
MUTANDIS TO THE LIAISON PERSONNEL AT THE DEMARCATION LINE OF THE SOVIET
OCCUPATION ZONE OF GERMANY SUBJECT TO THE SPECIAL CONDITIONS OF
PASSENGERS AND GOODS TRAFFIC BETWEEN THE FEDERAL TERRITORY AND BERLIN
(WEST) BEING TAKEN INTO ACCOUNT.
2. ON AIRFIELDS
(A) CUSTOMS CONTROL ON MILITARY AIRFIELDS OF THE FORCE SHALL BE
CARRIED OUT REGULARLY BY PERSONNEL OF THE FORCE ITSELF. SUBJECT TO
THAT, CUSTOMS CONTROL SHALL BE GOVERNED MUTATIS MUTANDIS BY THE
PROVISIONS OF PARAGRAPH 1 OF SECTION II C OF THE AGREEMENT ON THE
IMPLEMENTATION OF ARTICLE 65 AND ARTICLE 67 OF THE SUPPLEMENTARY
AGREEMENT.
(B) CUSTOMS CONTROL ON AIRFIELDS OF THE GERMAN ARMED FORCES OR ON
CIVIL AIRFIELDS SHALL BE CARRIED OUT BY PERSONNEL OF THE GERMAN ARMED
FORCES OR BY GERMAN CUSTOMS OFFICIALS IN ACCORDANCE WITH THE PRINCIPLES
SET FORTH IN PARAGRAPHS 2 AND 3 OF SECTION IV C OF THE AGREEMENT
REFERRED TO IN SUB-PARAGRAPH (A) ABOVE.
(C) UNDER THE CIRCUMSTANCES REFERRED TO IN PARAGRAPH 1 OF SECTION VII
ABOVE, LIAISON PERSONNEL MAY BE STATIONED AT CUSTOMS AIRFIELDS TO ASSIST
THE GERMAN CUSTOMS OFFICIALS IN THEIR CONTROLS.
3. CUSTOMS CONTROL UNDER SPECIAL ADMINISTRATIVE AGREEMENTS
ADMINISTRATIVE AGREEMENTS PURSUANT TO PARAGRAPH 1 OF ARTICLE 4 OF THE
SUPPLEMENTARY AGREEMENT SHALL NOT BE AFFECTED BY THE PROVISIONS OF
PARAGRAPHS 1 AND 2 OF SECTION VII ABOVE.
VIII. TRAVEL BETWEEN THE FEDERAL TERRITORY AND BERLIN (WEST)
THE FOREGOING PROVISIONS SHALL BE APPLICABLE ALSO TO MEMBERS
TRAVELING BETWEEN THE FEDERAL TERRITORY AND BERLIN (WEST).
NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH 1 OF SECTION I ABOVE,
MEMBERS OF THE OCCUPATION FORCES STATIONED IN BERLIN TRAVELING ON LEAVE
OR DUTY AND ENTERING THE FEDERAL TERRITORY IN TRANSIT ONLY MAY, HOWEVER,
IMPORT IN THEIR ACCOMPANIED BAGGAGE
600 CIGARETTES AND
500 GR. OF OTHER TOBACCO PRODUCTS,
PROVIDED THAT THE OCCUPATION FORCES' MEMBER CONCERNED PRODUCES HIS
LEAVE PASS OR MOVEMENT ORDER AT THE CUSTOMS CONTROL, SHOWING THAT HIS
DESTINATION, WHETHER FOR PURPOSES OF LEAVE OR DUTY, IS OUTSIDE THE
FEDERAL TERRITORY.
THE ANNEXES MENTIONED IN THE TEXT OF THIS AGREEMENT, CONSISTING OF
CERTAIN PROFORMAS, HAVE BEEN OMITTED BY MUTUAL CONSENT BECAUSE THE
PROFORMAS HITHERTO USED ARE TO CONTINUE IN USE.
GS/BI-- US/1
FEDERAL MINISTER OF FINANCE
II B/S - Z 2710 - 12 / 60
MR. DENNIS A. FLINN
FIRST SECRETARY OF EMBASSY
AMERICAN EMBASSY
BAD GODESBERG
MEHLEMER AUE
SUBJECT: STATIONING OF LIAISON OFFICIALS AT FRONTIER CROSSING POINTS
PURSUANT TO ARTICLE 3, PARAGRAPH 6 OF THE SUPPLEMENTARY AGREEMENT TO THE
NATO STATUS OF FORCES AGREEMENT.
DEAR MR. FLINN:
FROM YOUR LETTER OF AUGUST 2, 1960 I HAVE NOTED THAT THE AMERICAN
FORCES HAVE
A) PRESENTLY STATIONED AT THE FRONTIER CROSSING POINTS
BREMERHAVEN FREE PORT
BREMEN AIRPORT AND PORT
HELMSTEDT
FRANKFURT RHEIN/MAIN AIRPORT
FRANKFURT RHEIN/MAIN AIR PASSENGER CENTER
ECHTERDINGEN AIRPORT
LIAISON PERSONNEL AND WILL ALSO IN THE FUTURE, PURSUANT TO PARAGRAPH
6, ARTICLE 3 OF THE SUPPLEMENTARY AGREEMENT AND SECTION VII, NO. 1 AND 2
OF THE "AGREEMENT ON THE IMPLEMENTATION OF THE CUSTOMS AND CONSUMER TAX
PROVISIONS OF THE SUPPLEMENTARY AGREEMENT TO THE NATO STATUS OF FORCES
AGREEMENT IN FAVOR OF MEMBERS OF A FORCE OF A CIVILIAN COMPONENT AND
DEPENDENTS (ARTICLE 66 AND PARAGRAPH 6 OF ARTICLE 3 OF THE SUPPLEMENTARY
AGREEMENT)" CONTINUE TO MAINTAIN SUCH LIAISON PERSONNEL AT THESE
LOCATIONS IN ORDER TO ASSIST GERMAN CUSTOMS OFFICIALS IN THEIR CONTROL
FUNCTIONS;
B) AND WILL, IN ACCORDANCE WITH THE SUPPLEMENTARY AGREEMENT AND IN
COORDINATION WITH THE FEDERAL MINISTRY OF FINANCE DEPLOY LIAISON
PERSONNEL AT OTHER FRONTIER CROSSING POINTS THEN THOSE MENTIONED UNDER
A) ABOVE, IF SUCH IS INDICATED BY CHANGES IN TRAFFIC CONDITIONS.
THERE IS FURTHERMORE AGREEMENT THAT THE FRONTIER CROSSING POINTS
MENTIONED UNDER A AND B ABOVE DO NOT INCLUDE THE INLAND STATIONING
LOCATIONS OF LIAISON PERSONNEL WHICH WILL BE RETAINED AT HEIDELBERG,
FRANKFURT/MAIN, MUNICH, BREMERHAVEN, NURENBERG, AND KAISERALAUTERN.
I SHOULD LIKE TO INFORM YOU THAT THE FEDERAL MINISTRY OF FINANCE
AGREES TO THE REGULATION SET FORTH IN THIS LETTER AND CONSIDERS IT AS
CONSTITUTING AN AGREEMENT WITHIN THE MEANING OF PARAGRAPH 6, ARTICLE 3
OF THE SUPPLEMENTARY AGREEMENT AS OF THE DATE THE SUPPLEMENTARY
AGREEMENT ENTERS INTO FORCE. I WOULD APPRECIATE YOUR INFORMING ME
WHETHER THE AMERICAN FORCES ARE IN AGREEMENT WITH THIS.
WITH THE EXPRESSION OF MY HIGH ESTEEM.
GERMANY, FEDERAL REPUBLIC OF 9 AUG 1974 FLITE DOCUMENT NO. 7950041
AGREEMENT EXECUTED 3 APRIL, 12 JUNE AND 9 AUGUST 1974.
AGREEMENT ALLOWING LAND POLICE TO USE FREE OF CHARGE THE RANGES NO.
1A AND 2 AT THE TRAINING CENTER GRAFENWOEHR, FOR FIRING PRACTICES.
THE US FORCES, REPRESENTED BY THE DEPUTY CHIEF OF STAFF FOR LOGISTICS
(DCSLOG, HQ USAREUR AND SEVENTH ARMY, APO 09403,
THE FEDERAL REPUBLIC OF GERMANY, (FEDERAL FINANCE ADMINISTRATION),
REPRESENTED BY THE FEDERAL ASSETS OFFICE AMBERG,
THE BAVARIAN LAND POLICE, REPRESENTED BY THE LAND POLICE STATION,
ESCHENBACH, DIRECTION NIEDERBAYERN/OBERPFALZ, REGENSBURG,
HAVE REACHED THE FOLLOWING AGREEMENT:
1. WITH THE CONSENT OF THE FEDERAL GOVERNMENT, THE US FORCES ALLOW
THE LAND POLICE TO USE FREE OF CHARGE THE RANGES NO. 1A AND 2 AT THE
TRAINING CENTER GRAFENWOEHR, FOR FIRING PRACTICES. THE INSTALLATIONS
ARE TO BE USED BY THE LAND POLICE APPROXIMATELY 8 - 10 TIMES PER YEAR
FOR ONE DAY. THE RANGES ARE MARKED IN RED ON THE INCLOSED SKETCH.
2. THE APPROVAL IS ONLY VALID PROVIDED THAT TRAINING ACTIVITIES OF
THE US FORCES AND THE BUNDESWEHR WILL NOT BE INTERFERED.
3. THE USE OF THE RANGES MUST BE COORDINATED WITH THE CHIEF, RANGE
OPERATIONS OF THE US FORCES TEN DAYS PRIOR TO EACH UTILIZATION.
4. NOTWITHSTANDING ANY OTHER PROVISIONS TO THE CONTRARY CONTAINED IN
THIS AGREEMENT, IF THE US FORCES DETERMINE THAT URGENT MILITARY
NECESSITY REQUIRES THAT THE LAND POLICE BE EXCLUDED FROM TRAINING CENTER
GRAFENWOEHR EITHER TEMPORARILY OR PERMANENTLY, THE US FORCES MAY, WITH
NO ADVANCE NOTICE, REQUIRE THE LAND POLICE TO LEAVE THE TRAINING CENTER
OR MAY PROHIBIT THEM FROM ENTERING THE TRAINING CENTER OR ANY PARTICULAR
PART OF THE TRAINING CENTER. THE DECISION OF THE US FORCES CONCERNING
THE EXISTENCE OF URGENT MILITARY NECESSITY SHALL BE FINAL AND
CONCLUSIVE, AND THE US FORCES SHALL NOT BE LIABLE FOR PAYMENT OF ANY
CLAIMS OF THE LAND POLICE OR THIRD PARTIES ARISING FROM EXCLUSION OF THE
LAND POLICE FROM TRAINING CENTER GRAFENWOEHR.
1. THE LAND POLICE IS REQUIRED TO INFORM THEIR EMPLOYEES TO COMPLY
WITH THE REGULATIONS OF THE US FORCES, RESPECTIVELY THE FEDERAL
GOVERNMENT CONCERNING ACCIDENT PREVENTION, SANITATION, FIRE PREVENTION,
THE MAINTENANCE AND COUNTER-ESPIONAGE. THE FEDERAL GOVERNMENT,
RESPECTIVELY THE US FORCES RESERVE THEMSELVES THE RIGHT TO CONDUCT
APPROPRIATE INSPECTIONS.
2. DURING THE PRACTICE FIRING THE LAND POLICE MUST PROVIDE ADEQUATE
OFFICERS IN CHARGE AND SECURITY PERSONNEL FOR THE RANGES. FURTHERMORE,
THE LAND POLICE MUST HAVE THE POSSIBILITY AVAILABLE FOR MEDICAL
EVACUATION AND AT LEAST ONE PERSON TRAINED IN FIRST AID.
3. THE LAND POLICE MUST REMOVE ALL STRANGE MATTER, SUCH AS
AMMUNITION, CARTRIDGES, AND OTHER DEBRIS FROM THE RANGES UPON COMPLETION
OF FIRING.
4. THE LAND POLICE WILL COMPENSATE THE US FORCES AND THE FEDERAL
GOVERNMENT FOR ALL DAMAGES TO AND LOSS OF THE PROPERTY OF THE US FORCES
AND THE FEDERAL GOVERNMENT, AND FOR ALL INJURIES TO PERSONNEL OF THE US
FORCES AND THE FEDERAL GOVERNMENT, OCCASIONED BY THE USE OF THE TRAINING
CENTER GRAFENWOEHR BY THE LAND POLICE. ADDITIONALLY, THE LAND POLICE
WILL SAVE AND HOLD HARMLESS THE US FORCES AND THE FEDERAL GOVERNMENT
FROM ALL CLAIMS OF THIRD PERSONS ARISING FROM THE USE OF TRAINING CENTER
GRAFENWOEHR BY THE LAND POLICE. THE US FORCES AND THE FEDERAL
GOVERNMENT WILL NOT BE LIABLE FOR ANY DAMAGE TO OR LOSS OF PROPERTY OF
THE LAND POLICE, OR FOR ANY INJURIES TO PERSONNEL OF THE LAND POLICE,
ARISING IN CONNECTION WITH THE USE OF TRAINING CENTER GRAFENWOEHR BY THE
LAND POLICE.
1. PENDING APPROVAL BY THE FEDERAL MINISTER OF FINANCE, WHICH HAS TO
BE OBTAINED, THE UTILIZATION OF THE RANGES IS FREE OF CHARGES. IF THIS
APPROVAL IS DENIED, THE LAND POLICE ASSUMES THE RESPONSIBILITY TO PAY A
SUITABLE AMOUNT.
2. THE AGREEMENT CAN BE TERMINATED TO THE END OF EACH MONTH.
HEIDELBERG, 9 AUGUST 1974
FOR THE US FORCES:
V. C. EVANS
COLONEL, GS
CHIEF, PLANS & OPERATIONS DIVISION
AMBERG, DEN 12. JUNI 1974
FOR THE FEDERAL ASSETS OFFICE:
(BOBISCH)
OBERREGIERUNGSRAT
REGENSBURG, 3. APRIL 1974
FOR THE BAVARIAN LAND POLICE
BAYERISCHE LANDESPOLIZEI
LANDESPOLIZEIDIRENTION
NIEDERBAYERN/OBERPFALZ
DR. WOLF
OBERPOLIZEIDIREKTOR (MAP OMITTED)
GERMANY, FEDERAL REPUBLIC OF 14 MAY 1976 FLITE DOCUMENT NO. 7950040
AGREEMENT EXECUTED 7 MAY AND 14 MAY 1976.
AGREEMENT PERTAINING TO CONTINUATION OF CONSERVATION OF THE
GRAFENWOEHR MAJOR TRAINING AREA.
CONTINUATION OF CONSERVATION OF THE GRAFENWOEHR MAJOR TRAINING
THE COMMANDER IN CHIEF, UNITED STATES ARMY, EUROPE AND SEVENTH ARMY
ON BEHALF OF THE US FORCES IN GERMANY ON ONE HAND
THE FEDERAL MINISTER OF FINANCE OF THE FEDERAL REPUBLIC OF GERMANY ON
THE OTHER HAND
ENTER INTO THE FOLLOWING AGREEMENT IN ORDER TO CONTINUE THE EFFORTS
TOWARDS ELIMINATION AND CONTROL OF EROSION AT GRAFENWOEHR MAJOR TRAINING
AREA.
PURPOSE OF THIS AGREEMENT IS TO CONTINUE THE SOIL EROSION CONTROL
PLAN WHICH STARTED IN 1965 AND ENDED ON 30 SEPTEMBER 1973, TO FACILITATE
AND INITIATE NEW MEASURES IN ORDER TO ELIMINATE AND AVOID EROSION AT
GRAFENWOEHR MAJOR TRAINING AREA. THESE MEASURES ARE INTENDED TO SUPPORT
THE MILITARY FUNCTIONS OF THE MAJOR TRAINING AREA, TO PRESERVE IT FOR
THESE FUNCTIONS, AND TO RENDER IT POSSIBLY MORE SUITABLE FOR THIS
PURPOSE. THEY ARE ALSO INTENDED TO COUNTERACT HARMFUL EFFECTS OF
EROSION ON THE SURROUNDING LANDSCAPE: MILITARY MISSIONS TAKE PRECEDENCE
OVER THE SOIL EROSION CONTROL PLAN.
THE AGREEMENT PARTIES AGREE TO CONTRIBUTE JOINTLY TO THE PRESERVATION
OF THE MAJOR TRAINING AREA, AND WILL PREPARE YEARLY A SOIL EROSION
CONTROL PLAN USING THE INCLOSED SIX YEAR SOIL EROSION CONTROL PLAN AS A
GENERAL GUIDE. THIS YEARLY PLAN WILL BE COMPOSED OF QUANTITY, COSTS PER
UNIT, AREAS TO BE WORKED ON, AND TYPE OF WORK TO BE ACCOMPLISHED BY EACH
SIDE. THE PRESERVATION MEASURES WHICH STARTED IN 1965 AND WERE
CONTINUED UNTIL 30 SEPTEMBER 1973, ARE TO BE CONTINUED UNTIL 30
SEPTEMBER 1979 BASED ON THE SIX YEAR SOIL EROSION CONTROL PLAN DEVELOPED
BY THE FORESTRY OFFICE FOR GRAFENWOEHR. EACH PARTY TO THIS AGREEMENT
MAY DENOUNCE THE AGREEMENT BY GIVING ONE YEAR'S PREVIOUS NOTICE;
OTHERWISE, THE AGREEMENT WILL AUTOMATICALLY CONTINUE IN EFFECT
INDEFINITELY OR UNTIL IT IS DENOUNCED BY ONE OF THE PARTIES SUBJECT TO
ONE YEAR'S NOTICE.
THE MEASURES EARMARKED IN THE SOIL EROSION CONTROL PLAN WILL BE
DISTRIBUTED EVENLY DURING SIX FORESTRY YEARS (1 OCTOBER - 30 SEPTEMBER).
THE PARTIES TO THE AGREEMENT WILL PREPARE JOINTLY A NEW SIX YEAR SOIL
EROSION CONTROL PLAN AT THE LATEST IN FORESTRY YEAR 1978/79 (MEASURES
AND SHARING OF COSTS) IF THE AGREEMENT IS STILL IN EFFECT.
A. THE COSTS OF MEASURES PROVIDED FOR IN THE SOIL EROSION CONTROL
PLAN WILL BE EQUALLY SHARED BY BOTH PARTIES TO THE AGREEMENT. THEY WILL
BE RENDERED IN FORM OF MONEY/MATERIAL/AND OR EQUIPMENT CONTRIBUTION BY
BOTH PARTIES AND SHALL CORRESPOND TO ONE SIXTH ANNUALLY OF THE TOTAL SIX
YEAR PROGRAM.
B. THIS AGREEMENT DOES NOT OBLIGATE US FORCES' FUNDS, AND IS NOT A
PAYMENT DOCUMENT. THE US FORCES' EFFORTS DESCRIBED IN THIS AGREEMENT
WILL BE RENDERED THROUGH A US FORCES' CONTRACTING OFFICER.
THE FEDERAL FORESTRY OFFICE, GRAFENWOEHR, IN COORDINATION WITH
SEVENTH ARMY TRAINING CENTER ENGINEER WILL PREPARE A SOIL EROSION
CONTROL PLAN BY 31 JULY OF EACH YEAR FOR WORK WHICH WILL BE SCHEDULED
FOR COMPLETION DURING THE FOLLOWING MTA CONSTRUCTION YEAR (NORMALLY 1
MAY THROUGH 30 SEPTEMBER). WORK FROM THE PREVIOUS YEAR'S PLAN WHICH WAS
NOT COMPLETED BECAUSE OF WEATHER CONDITIONS, OR FIRING OPERATION OF THE
TRAINING FORCES WILL BE RECONSIDERED AT THIS TIME.
THE FEDERAL FORESTRY OFFICE, GRAFENWOEHR, AND 7ATC ENGINEER WILL
PREPARE BY 1 NOVEMBER OF EACH YEAR A LIST OF PROJECTS COMPLETED AS OF 30
SEPTEMBER BY EACH PARTY TO THE AGREEMENT DURING THE PREVIOUS YEAR.
A. IF CIRCUMSTANCES (ACTS OF GOD) OCCUR WHICH TEMPORARILY PREVENT,
DELAY, OR OTHERWISE ESSENTIALLY INFLUENCE THE ACCOMPLISHMENT OF THE SOIL
EROSION CONTROL PLAN, THE AGREEMENT PARTIES WILL DISCUSS THE REQUIRED
MEASURES.
B. IF THE ABOVE MENTIONED DELAY OCCURS ON ACCOUNT OF ONE AGREEMENT
PARTY'S FAULT, THE PARTY IN DEFAULT WILL BE RESPONSIBLE FOR COMPLETION
OF THE PLANNED SOIL CONTROL MEASURES AS SOON AS POSSIBLE, BUT NOT LATER
THAN THE FOLLOWING MTA CONSTRUCTION YEAR.
THIS AGREEMENT BECOMES EFFECTIVE UPON SIGNATURE BY BOTH PARTIES
THERETO.
BONN, 7 MAY 1976
FOR THE FEDERAL MINISTER OF FINANCE
HEIDELBERG, 14 MAY 1976
FOR THE COMMANDER IN CHIEF,
UNITED STATES ARMY, EUROPE
AND SEVENTH ARMY
GENE F. WILSON
COL, GS
C, P&O DIV
PROJECTS:
A. AREA M:
CONTINUATION OF THE PLANTING OF GRASS IN SECTIONS UP TO 20 PERCENT OF
THE AREA TO PREVENT FURTHER EROSIONS.
1. NORTH OF THE ROETHENBACH - TOTAL DIMENSIONS OF THE AREA SUBJECT
TO EROSION APPROXIMATELY 500 HECTARES OF WHICH STILL COVERED BY TREES OR
PLANTED BY GRASS DURING THE LAST RESTORATION PERIOD: 85 HECTARES;
PLANNED: 15 HECTARES; IN SECTIONS OF 0.5 HECTARES EACH: HECTARES 15
2. SOUTH OF ROETHENBACH - TOTAL DIMENSIONS OF THE AREA SUBJECT TO
EROSION APPROXIMATELY 250 HECTARES OF WHICH STILL COVERED BY TREES
AND/OR PLANTED ALONG THE EDGES - APPROX 37 HECTARES; PLANNED: 13
HECTARES; IN SECTIONS OF 0.5 HECTARES EACH: HECTARES 13
B. AREA E:
PRECAUTIONARY MEASURES AGAINST EROSION NORTH OF FIRING POINT 131.
REFORESTATION OF TWO SECTIONS OF 0.5 HECTARES EACH - IN POSITION AREA
27: REFORESTATION OF SIX SECTIONS OF 0.5 HECTARES EACH; TOTAL OF FOUR
HECTARES: HECTARES 4
C. AREA A:
AS ABOVE.
CONTINUATION OF REFORESTATIONS BY 50 SECTIONS OF 0.5 HECTARES EACH:
HECTARES 25.
D. REFORESTATIONS OF TANK TRAIL EDGES:
IN ORDER TO OBTAIN A ROAD BORDER AS WELL AS A VISION AND DUST
PROTECTION. REFORESTATION OF EDGES OF THE TANK TRAILS IN A STRIP OF 30
X 60 METERS; AFTER 60 METERS INTERRUPTED BY AN APPROXIMATELY 40 METER
WIDE STRIP OVER A TOTAL OF 22 KILOMETERS OF TANK TRAIL, WHICH COMES TO
APPROXIMATELY 20 HECTARES: HECTARES 39.6
E AREA WEST OF SCHLATTERWEIHER
REFORESTATION OF FOREST AREAS SUBJECT TO FOREST FIRES IN ORDER TO
STOP THE BEGIN OF EROSION. REFORESTATION WITH ALDER: HECTARES 20
F. FERTILIZING, IMPROVEMENT AND NURSING
- PROTECTION OF SEEDLING AREAS
PROJECTS:
A. AREA M:
BLOCKING OF THE LARGEST DITCHES, CAUSED BY EROSION OVER A LENGTH OF
2,500 METERS, IN ORDER TO PREVENT FURTHER EROSION AND TO FAVOR A NATURAL
FILLING OF THE DITCHES. RUNNING METER: 2,500
B. AREA E:
BLOCKING OF 450 METERS OF DITCHES, CAUSED BY EROSION, AS DESCRIBED
ABOVE. RUNNING METER: 450
PLANNING
1. AREA M:
PREPARATION OF SMALL STEPS FROM COARSE ROCK IN ORDER TO DECREASE THE
SPEED OF DRAINING OFF WATER. RUNNING METER: 2,500
AT EVERY 30 TO 50 METERS INSTALLATION OF STEPS MADE FROM ROUND LOGS
WHICH WILL BE DEEPLY SECURED IN THE SHORE. BEFORE THE STEP, STAKES WILL
BE DRIVEN INTO THE DITCH BED OVER ITS ENTIRE WIDTH. ROCKS WILL BE
INSERTED BEHIND THE STAKES TO PREVENT THE FORMING OF DEEP HOLES.
REINFORCING OF SHORE AND DITCH BED WITH FASCINES OF WILLOW SEEDLINGS,
SOWING OF LUPINE AND MIXED CLOVER SEEDS.
COSTS FOR: INSTALLATION OF APPROX 60 STEPS, MADE OF ROUND LOGS,
INCLUSIVE PROCUREMENT OF MATERIAL (60 CBM), PLUS SOCIAL CONTRIBUTIONS
WITHOUT CHARGING FOR TIMBER. HAULING WITH FORESTRY OWNED VEHICLE.
PROCUREMENT AND INSERTING OF WILLOW SEEDLINGS TO REINFORCE DITCHES
CAUSED BY EROSION. COSTS PER RUNNING METER: DM30.00. TOTAL:
75,000.00
HAULING OF 800 CBM OF UNSORTED ROCK MATERIAL, AS COARSE AS POSSIBLE,
FROM US ROCK QUARRIES WITH US TRUCKS. VEHICLE HOURS: 290. US EFFO
VEH: 29
2. AREA E:
BLOCKING OF DITCHES CAUSED BY EROSION AS DESCRIBED FOR AREA M, IN A
LENGTH OF 450 METERS. HAULING OF 200 CBM OF ROCK MATERIAL WITH US
TRUCKS. HOURS: 40. RUNNING METER: 450. COSTS PER RUNNING METER:
30.00. TOTAL: 13,500.00. US EFFORT VEHICLE: 4
TOTAL RUNNING METER: 2,950. TOTAL: 88,500.00. TOTAL US EFFO VEH:
33
PROJECTS:
A. AREA OF ROETHELWEIHER:
SUBDIVIDING OF THE APPROXIMATELY 300 HECTARE LARGE AREA WHICH IS MORE
OR LESS A SWAMP AREA, IN ORDER TO PROVIDE ACCESS FOR WHEELED VEHICLES
(FIRE PROTECTION).
1. REPAIR OF THE LANE PART OF WHICH STILL EXISTS, AND WHICH RUNS
ALONG THE NORTH-WESTERN EDGE OF THE FOREST SECTION "SCHWARZER BODEN"
BETWEEN THE RANGES 4 AND 38 OVER A LENGTH OF TWO KILOMETERS. BESIDES
THE PURPOSE OF MAKING THE AREA ACCESSIBLE, THE LANE WILL ALSO SERVE AS A
FIRE BREAK (COORDINATES 087044 TO 075056). RUNNING METER: 2,000
2. REPAIR OF THE OLD LANE BETWEEN THE FIRING POINT 473 AND THE
SECTION "SCHWARZER BODEN" OVER A LENGTH OF 1.9 KILOMETERS. THE LANE
SHALL SERVE THE PURPOSE OF MAKING THE AREA ACCESSIBLE AND AS A FIRE
BREAK (COORDINATES 0610435 TO 075056). RUNNING METER: 1,900
3. REPAIR OF THE 1.1 KILOMETER LONG LANE. THE LANE SERVES THE SAME
PURPOSES AS THE LANES MENTIONED UNDER A1 AND A2 (COORDINATES 0935057 TO
084051). RUNNING METER: 1,100
B. AREA E:
REPAIR OF FIVE LANES ON A TOTAL LENGTH OF 4 KM IN ORDER TO LIMIT THE
EXTENT TO WHICH TRACKED VEHICLES (HEAVY ARTILLERY) HAVE TO USE THE
SURFACES EXPOSED TO EROSION. OLD FIELD LANES WERE SELECTED TO PROVIDE
CONNECTION BETWEEN THE TANK TRAIL AND THE FIRING POINTS. RUNNING METER:
4,000
025 - 042 TO 0255 - 0485
0205 - 0495 TO 018 - 0575
0075 - 0525 TO 0115 - 060
017 - 066 TO 021 - 0695
011 - 0665 TO 014 - 073
C. AREA E AND A:
CONSTRUCTION OF 22 CROSSINGS AND ACCESS ROADS FROM THE TANK TRAILS
INTO THE TERRAIN (ARTILLERY FIRING POSITIONS) IN ORDER TO LIMIT THE USE
OF TANK TRAIL DITCHES AND THE TERRAIN. AT THE SAME TIME, THE ROADS WILL
SERVE THE PURPOSE OF ALLOWING LUMPS OF MUD TO DROP FROM THE TRACKS OF
VEHICLES BEFORE THE LATTER RE-ENTER THE TANK TRAIL. RUNNING METER:
1,100
D. TRAINING AREA 3
REPAIR OF AN ONE KILOMETER LONG FIELD LANE SOUTH OF THE FORMER
VILLAGE DORNBACH TO SERVE AS A CONNECTING ROAD FROM THE TANK TRAIL TO
THE FIRING POINTS 3 AND 14. THE LANE SERVES TO REDUCE EXPOSURE OF THE
TERRAIN. RUNNING METER: 1,000
E. FORESTRY ROAD NET
CONTINUOUS REPAIR WORK ON THE FORESTRY ROAD NET.
PROJECTS:
A. FIRE BREAKS
1. FIRE BREAKS IN THE TARGET AREAS OF THE RANGES IN ORDER TO KEEP
AREA FIRES (SETTING FIRE TO GRASS AND HEATHER) AS SMALL AS POSSIBLE SO
THAT FIRING ACTIVITIES DO NOT HAVE TO BE INTERRUPTED OVER A LONGER
PERIOD OF TIME.
2. FIRE BREAKS TO SAFEGUARD FOREST AREAS AND FOR THE REFORESTATION
OF FOREST AREAS WHICH HAD BEEN SUBJECT TO FOREST FIRE.
B. TARGET BUTTS
1. TARGET BUTTS WHICH COLLECT THE GREATEST PORTION OF INCENDIARY
AMMUNITION, SO THAT FIRING ACTIVITIES DO NOT HAVE TO BE INTERRUPTED FOR
NECESSARY FIRE FIGHTING WORKS.
2. TARGET BUTTS TO SAVE FOREST AREAS FROM FOREST FIRES AND FROM
AMMUNITION DESTROYING THE FOREST, AS WELL AS FOR THE REFORESTATION OF
FOREST AREAS WHICH HAD BEEN SUBJECT TO FOREST FIRES.
C. RECONSTRUCTION OF MOVING TARGET FACILITIES
THE STRUCTURE OF THE EXISTING TARGET FACILITIES FOR MOVING TARGETS
VERY MUCH OBSTRUCTS OR INTERFERES WITH THE ERECTION OF A TARGET BUTT.
AS A RULE, THE TRAJECTORY OF BULLETS FORMS A SHARP ANGLE WITH RESPECT TO
THE GROUND. A RECONSTRUCTION - EVENTUALLY SIMILAR TO THE TARGET
FACILITIES OF THE BUNDESWEHR - WITH A RESPECTIVE TARGET BUTT WOULD FAR
LESS ENDANGER THE AREA, LOCATED BEHIND THE TARGET. THE MATERIAL
NECESSARY FOR THE RECONSTRUCTION CANNOT BE ASCERTAINED BY THE FORESTRY
OFFICE SINCE THIS IS A PURELY MILITARY CONSTRUCTION MEASURE.
SINCE THE US FORCES EXCLUSIVELY CONTRIBUTE TO THIS PROGRAM BY
ASSIGNING MACHINERY AND LABOR, I AM OF THE OPINION THAT THE
RECONSTRUCTION COULD BE REALIZED IF THE FEDERAL GOVERNMENT WOULD TAKE
OVER THE COSTS FOR THE MATERIAL. THE US FORCES HAVE SUGGESTED TO BRING
UP THIS COMPLEX OF QUESTIONS AT THE NEXT COMMITTEE MEETING.
PLANNING:
A1) FIRE BREAKS IN THE TARGET AREAS OF THE RANGES.
THE MAINTENANCE OF THE FIRE BREAKS IN THE TARGET AREAS WILL BE MADE
IN CONNECTION WITH THE RANGE MAINTENANCE WITHOUT CHARGING THE EXPENSE
AGAINST THE RESTORATION PROGRAM.
A2) FIRE BREAKS TO PREVENT FIRE IN THE FOREST AND FOR THE
REFORESTATION OF FOREST AREAS WHICH HAD BEEN SUBJECT TO FOREST FIRE.
THE MAINTENANCE OF THE APPROX. 160 KM LONG NET OF FIRE BREAKS WITH
BULLDOZERS AND GRADERS REQUIRES A YEARLY RECONDITIONING OF 50% OF THE
BREAKS. DEPENDING ON THE NECESSITY A YEARLY CONSTRUCTION OF 2-3 KM OF
NEW FIRE BREAKS IS REQUIRED. FOR THE MAINTENANCE OF 480 KM OF FIRE
BREAKS AND THE CONSTRUCTION OF 15 KM OF NEW FIRE BREAKS, A TOTAL OF 540
BULLDOZER HOURS AND 540 GRADER HOURS ARE NECESSARY. US EFFORTS
BULLDOZER HRS: 540. US EFFORTS GRADE HRS: 540
B1) TARGET BUTTS
THE CONSTRUCTION AND MAINTENANCE OF DAMS WILL BE MADE IN CONNECTION
WITH THE RANGE MAINTENANCE WITHOUT CHARGING IT AGAINST THE RESTORATION
PROGRAM.
B2) BUILDING OF DAMS BEHIND THE TARGETS AT EACH RANGE TO A HEIGHT OF
APPROX. 3M ABOVE TARGET LEVEL.
BULLDOZER HOURS, PARTIAL INSTALLING OF TARGETS INTO THE SLOPE, A
TOTAL OF 1225 HRS. US EFFORTS BULLDOZER HRS: 1225
PROJECTS
A FILLING OF CRATERS RESULTING FROM IMPACTS IN THE OLD IMPACT AREA
FOR HONEST JOHN ROCKETS IN AREA B.
B. CONSTRUCTION OF TWO PONDS SERVING AS SAND TRAPS, TO BE LOCATED
BEHIND EACH OTHER, IN ORDER TO HOLD BACK DEPOSITS BEFORE REACHING THE
BOUNDARY. AT THE SAME TIME CONSTRUCTION OF A DITCH ALONG THE ROAD
LEADING FROM THE FORMER VILLAGE DORNBACH TO AUERBACH, TO CONTROL THE
WATER COMING FROM THE WELL AREA AND THE DRAINAGE WATER.
C. REPAIR OF A DAM IN AREA E AND CONSTRUCTION OF A SECOND DAM
APPROXIMATELY 300 METERS BELOW, IN ORDER TO WITHHOLD DEPOSITS. (TABLE
OMITTED)
(TABLE OMITTED)
(TABLE OMITTED)
GERMANY, FEDERAL REPUBLIC OF 22 APR 1974 FLITE DOCUMENT NO. 7950039
PROCEDURAL ARRANGEMENT EXECUTED 12 FEBRUARY AND 22 APRIL 1974.
PROCEDURAL ARRANGEMENT REGARDING THE CONSTRUCTION AND OPERATION OF A
US FORCES COMMUNICATION FACILITY ON AN FRG OWNED LAND, LOCATED 1.0 KM
EAST OF THE TOWN OF BARNSTORF, APPROXIMATELY 50 KM FROM THE CITY OF
BREMEN, ADJACENT TO THE GERMAN BARNSTORF KASERNE.
THE FEDERAL REPUBLIC OF GERMANY (FRG), REPRESENTED BY THE FEDERAL
MINISTER OF DEFENSE, REPRESENTED BY THE MILITARY DISTRICT ADMINISTRATION
HEADQUARTERS II, HANNOVER
THE US FORCES, REPRESENTED BY THE DEPUTY CHIEF OF STAFF FOR LOGISTICS
(DCSLOG), UNITED STATES ARMY, EUROPE AND SEVENTH ARMY, APO 09403.
1. OBJECT OF THIS PROCEDURAL ARRANGEMENT IS THE CONSTRUCTION AND
OPERATION OF A US FORCES COMMUNICATION FACILITY ON AN FRG OWNED LAND,
LOCATED 1.0 KM EAST OF THE TOWN OF BARNSTORF, APPROXIMATELY 50 KM FROM
THE CITY OF BREMEN, ADJACENT TO THE GERMAN BARNSTORF KASERNE. THE
BOUNDARIES OF THE FACILITY TO BE CONSTRUCTED ARE DEFINED ON THE ATTACHED
MAP, DESIGNATED AS ANNEX "A", WHICH IS AN INTEGRAL PART OF THIS
ARRANGEMENT. THE REAL PROPERTY WILL BE MADE AVAILABLE BY THE FRG TO THE
US FORCES FREE OF CHARGE.
2. CONSTRUCTION OF THE TOWER, OPERATION BUILDING, AND OTHER
ACCESSORIES IS SUBJECT TO THE ATTACHED CONSTRUCTION DATA SHEET,
DESIGNATED AS ANNEX "B", WHICH IS AN INTEGRAL PART OF THIS ARRANGEMENT.
3. A PROTECTIVE RESTRICTED AREA FOR THE FACILITY HAS BEEN
ESTABLISHED AND PUBLISHED ON 13 AUGUST 1970.
4. SPECIAL TERMS AND CONDITIONS:
A. THE US ARMY INSTALLATION WILL HAVE A SEPARATE ENTRANCE AND WILL BE
SURROUNDED BY A FENCE TO BE CONSTRUCTED BY THE US FORCES.
B. THE ANTENNA TOWER WILL NOT EXCEED AN ABSOLUTE HEIGHT OF 50.6
METERS ABOVE GROUND. IN ACCORDANCE WITH THE AIR TRAFFIC LAW, THE
ANTENNA TOWER WILL BE MARKED AS AN OBSTACLE FOR DAY AND NIGHT
OBSERVATION AND WARNING.
C. IN CASE OF INTERFERENCE IN THE OVERALL COMMUNICATION SYSTEM
THROUGH OPERATION OF THE US FACILITY, THE US FORCES WILL TAKE CORRECTIVE
ACTION TO ELIMINATE SUCH INTERFERENCE.
D. PRIOR TO CONSTRUCTION, COPIES OF ALL CONSTRUCTION PLANS WILL BE
SUBMITTED TO THE COMPETENT FINANCE DIRECTION BY THE US ARMY ENGINEER
COMMAND, EUROPE.
E. CONNECTION OF THE FACILITY TO THE EXISTING UTILITIES SYSTEM TO
INCLUDE, IF NECESSARY, INSTALLATION AND INTERMEDIATE METERS, WILL BE
MADE BY THE US FORCES; IF THE EXISTING UTILITIES SYSTEM CANNOT ABSORB
THE ADDITIONAL REQUIREMENTS, ENLARGEMENT THEREOF TO THE EXTENT REQUIRED
WILL BE EFFECTED BY AND AT THE EXPENSE OF THE US FORCES.
F. THE MILITARY GARRISON ADMINISTRATION (STANDORTVERWALTUNG) DIEPHOLZ
WILL PROVIDE, IF REQUIRED, ADMINISTRATIVE ASSISTANCE FOR SECURING THE US
FACILITY SUFFICIENT UTILITY SERVICES (ELECTRICITY, WATER, HEAT, SEWAGE,
AND REFUSE DISPOSAL).
5. DAMAGES CAUSED TO THE GERMAN INSTALLATION AT THE TIME THE US
FACILITY IS BEING CONSTRUCTED, OPERATED, OR DEACTIVATED WILL EITHER BE
REPAIRED BY THE US FORCES OR SETTLED IN ACCORDANCE WITH EXISTING
AGREEMENTS BETWEEN THE FEDERAL REPUBLIC OF GERMANY AND THE US FORCES.
IT IS THE INTENT OF THE FOREGOING PROVISION THAT SUCH DAMAGES CAUSED TO
THE GERMAN INSTALLATION WILL BE GOVERNED BY THE PROVISIONS OF ARTICLES
VIII-1 OF THE NATO SOFA AND 41, PARA 3(A) OF THE SUPPLEMENTARY AGREEMENT
THERETO.
6. REIMBURSEMENTS
A. THE FURNISHING OF AND REIMBURSEMENT FOR UTILITIES SERVICES WILL BE
COVERED BY A MEMORANDUM OF UNDERSTANDING TO BE CONCLUDED BETWEEN THE
UTILITIES SERVICES CONTRACTING OFFICER OF THE US FORCES AND THE GARRISON
ADMINISTRATION DIEPHOLZ, SUBJECT TO APPROVAL BY THE MILITARY DISTRICT
ADMINISTRATION II.
B. MAINTENANCE AND REPAIR OF THE FACILITY WILL BE THE RESPONSIBILITY
OF THE GARRISON ADMINISTRATION DIEPHOLZ AGAINST REIMBURSEMENT BY THE US
FORCES.
C. THE PRESENT ARRANGEMENT IS PROCEDURAL IN NATURE; THEREFORE, THE
US FORCES WILL REIMBURSE THE GARRISON ADMINISTRATION DIEPHOLZ FOR
MAINTENANCE AND REPAIR OF THE FACILITY THROUGH A CONTRACT EXECUTED BY A
DULY APPOINTED US CONTRACTING OFFICER WHO WILL BE GUIDED BY THE TERMS OF
THIS ARRANGEMENT.
7. DEACTIVATION OF FACILITY
WHEN THE REQUIREMENT TO OPERATE THE FACILITY NO LONGER EXISTS, THE US
ARMY, EUROPE IS AUTHORIZED TO REMOVE ALL CONSTRUCTIONS AND INSTALLED
EQUIPMENT FROM THE SITE. IF THE FRG TAKES OVER THE INSTALLATION, THE
RESIDUAL VALUE THEREOF WILL BE FIXED BY MUTUAL CONSENT. TO ESTABLISH
THE RESIDUAL VALUE, AFTER COMPLETION OF THE CONSTRUCTION, AN INVENTORY
AND CONDITION REPORT WILL BE PREPARED BETWEEN REPRESENTATIVES OF THE
MILITARY DISTRICT HEADQUARTERS AND THE US FORCES AND WILL SERVE AS A
BASIS FOR AN EVENTUAL TAKEOVER BY THE NATO OR FRG.
8. DURATION OF THE ARRANGEMENT
A. THIS PROCEDURAL ARRANGEMENT WILL BECOME EFFECTIVE UPON SIGNATURE
BY BOTH PARTIES. IT WILL REMAIN IN EFFECT AS LONG AS THE US FORCES HAVE
A REQUIREMENT OF THE FACILITY.
B. THE ARRANGEMENT CAN BE REVISED OR AMENDED BY MUTUAL CONSENT AND IN
WRITING.
9. THIS ARRANGEMENT HAS BEEN MADE IN ENGLISH AND GERMAN LANGUAGE.
BOTH TEXTS ARE EQUALLY BINDING.
IN WITNESS WHEREOF, THE FEDERAL REPUBLIC OF GERMANY, REPRESENTED BY
THE MILITARY DISTRICT ADMINISTRATION HEADQUARTERS II, HANNOVER, HAS
EXECUTED THIS PROCEDURAL ARRANGEMENT ON 22. APRIL 1974.
IN WITNESS WHEREOF, THE US FORCES, REPRESENTED BY THE DEPUTY CHIEF OF
STAFF FOR LOGISTICS (DCSLOG), UNITED STATES ARMY, EUROPE AND SEVENTH
ARMY, APO 09403, HAVE EXECUTED THIS PROCEDURAL ARRANGEMENT ON 12
FEBRUARY 1974.
LOCATION: N 52 DEGREES - 42' - 59.993 UTM 5,840,977.816
SIZE OF COMMUNICATION AREA: APPROXIMATELY 2600 SQUARE METERS.
PURPOSE: CONSTRUCTION OF US COMMUNICATION FACILITY
GENERAL CONSTRUCTION WORK PLANNED: THE ACTUAL CONSTRUCTION WILL BE
ACCOMPLISHED BY A SUBCONTRACTOR AND WILL CONSIST OF THE SITE PREPARATION
AND CONSTRUCTION NOTED BELOW. EQUIPMENT INSTALLATION INCLUDING
WAVEGUIDE WILL BE DONE BY THE US GOVERNMENT COMMUNICATION CONTRACTOR.
1. CONSTRUCTION OF ONE SELF-SUPPORTING TOWER, HEIGHT 50.6 METERS,
BASE 15.2 METERS, SUPPORTING TWO 9.14 METER DIAMETER PARABOLIC ANTENNAS
AT HEIGHTS OF 31.55 AND 44.35 METERS.
2. CONSTRUCTION OF ONE RADIO EQUIPMENT BUILDING 9.75 METERS X 6.1
METERS X 3.4 METERS ON A CONCRETE PAD. THIS BUILDING WILL ALSO SHELTER
THE GENERATOR EQUIPMENT.
3. INSTALLATION OF THREE 30 KW GENERATORS.
4. ABOVE GROUND INSTALLATION OF TWO DIESEL OIL TANKS (DOUBLE-WALLED)
WITH A CAPACITY OF APPROXIMATELY 5 CUBIC METERS EACH.
5. CONSTRUCTION OF HIGH FREQUENCY ANTENNAS WITH FEEDLINES TO THE
RADIO EQUIPMENT BUILDING.
6. INSTALLATION OF HF/SSB TRANSCEIVERS IN THE RADIO EQUIPMENT
BUILDING.
7. CONSTRUCTION OF A SHORT COMPACTED GRAVEL ACCESS ROAD.
8. CONSTRUCTION OF SECURITY FENCING AS REQUIRED.
9. INSTALLATION OF APPROPRIATE AREA LIGHTING.
UTILITY REQUIREMENTS:
ELECTRICAL - 50 KW
WATER - 100 GAL/DAY (FOR GENERATOR COOLING AND FOR PERSONNEL NEEDS)
SANITARY SEWER CONSTRUCTION: (TO SUPPORT 2 MEN 24 HRS/DAY, 7
DAYS/WK).
COMMUNICATION CONNECTIONS:
COMMUNICATION FACILITIES WILL BE EXTENDED VIA SUITABLE BURIED CABLE
TO THE US CUSTODIAL LOCATION. THE ROUTINE WILL BE SUCH AS TO AFFORD
MAXIMUM COMMUNICATION SECURITY WITHIN THE CONFINES OF THE MILITARY POST.
FUEL REQUIREMENTS: SUPPLIED BY US ARMY
AZIMUTH OF PROPAGATION: 00 DEGREES - 33' - 30.8"
TRANSMISSION CHARACTERISTICS:
1. OVER-THE-HORIZON:
A. FREQUENCY RANGE: 4.4 - 5.0 GHZ
B. ANTENNA INPUT: 1.0 KW
C. EFFECTIVE RADIATED POWER: 100 MW (80 DBW)
2. HF/SSB TRANSCEIVERS:
A. FREQUENCY RANGE: 3.4 - 5.0 MHZ, 6.5 - 7.5 MHZ
B. OUTPUT: EMISSION 3A3J, PEAK POWER 0.5 KW (PEP)
PROTECTIVE RESTRICTIONS:
THE TRANSMISSION ZONE MUST BE KEPT FREE OF ALL OBSTACLES. THIS ZONE
CONSISTS OF TWO CYLINDRICAL VOLUMES EMANATING FROM TWO 9.14 METER
DIAMETER PARABOLIC ANTENNAS, THE LOWER LIMIT OF WHICH IS 26.98 METERS
ABOVE THE TOWER BASE, OR 66.28 METERS ABOVE SEA LEVEL. THE NORMAL
VOLUME CONTINUES FOR A DISTANCE OF 549 METERS AND THEN DIVERGES AT AN
ANGLE OF .254 DEGREES FOR A TOTAL DISTANCE OF 2790 METERS. A GRAPHIC
ILLUSTRATION OF THE TRANSMISSION PROTECTIVE ZONE IS SHOWN IN PLAN AND
PROFILE VIEW ON SITE LAYOUT DRAWING NUMBER 91-RD-1196-001
OPERATION AND MAINTENANCE RESPONSIBILITIES: US ARMY
COMMUNICATIONS REQUIREMENT DATE: 1969
GENERAL: THE AREA REQUIRED FOR THIS INSTALLATION IS LOCATED 1 KM
EAST OF THE TOWER OF BARNSTORF, GERMANY ON THE BARNSTORF KASERNE.
NETHERLANDS, THE 25 NOV 1975 FLITE DOCUMENT NO. 7950038
AGREEMENT EXECUTED 25 NOVEMBER 1975; EFFECTIVE 13 MAY 1973.
AGREEMENT REGARDING USE OF OFFICE SPACE AT SOESTERBERG FOR THE
ESTABLISHMENT AND OPERATION OF A RESIDENT ENGINEER OFFICE OF THE US ARMY
ENGINEER DIVISION, EUROPE.
THE DIRECTOR OF WORKS, MINISTRY OF DEFENSE, THE HAGUE, THE
NETHERLANDS.
THE US ARMY, EUROPE, REPRESENTED BY THE DEPUTY CHIEF OF STAFF FOR
LOGISTICS (DCSLOG), HQ USAREUR AND SEVENTH ARMY, HEIDELBERG, ACTING ON
BEHALF OF THE US ARMY ENGINEER DIVISION, EUROPE, (USAEDE),
1. PURPOSE OF THE AGREEMENT: MOD MAKES AVAILABLE FREE OF CHARGE 80
SQUARE METERS OF OFFICE SPACE AT SOESTERBERG FOR THE ESTABLISHMENT AND
OPERATION OF A RESIDENT ENGINEER OFFICE OF THE US ARMY ENGINEER
DIVISION, EUROPE. THE RESIDENT ENGINEER OFFICE WILL BE MANNED WITH
THREE (3) MILITARY (CAPTAINS) OR THREE (3) DEPARTMENT OF THE ARMY
CIVILIANS (DACS), AND ONE (1) LOCAL NATIONAL (LN) SECRETARY (TOTAL 4).
2. SCOPE: THIS AGREEMENT SPECIFIES AND DELINEATES THE HOST/TENANT
RELATIONSHIP BETWEEN THE MOD AND USAREUR IN CONNECTION WITH THE RESIDENT
ENGINEER OFFICE AT SOESTERBERG.
3. EFFECTIVE DATE AND DURATION: THIS AGREEMENT BECOMES EFFECTIVE ON
OR ABOUT 15 MAY 1975 AND IS CONCLUDED FOR AN INDEFINITE PERIOD OF TIME.
IT WILL REMAIN IN EFFECT AT LEAST AS LONG AS THE OPERATION OF THE
RESIDENT ENGINEER OFFICE IS REQUIRED.
4. TERMINATION: IF ONE OF THE AGREEMENT PARTIES WISHES TO WITHDRAW
FROM THE AGREEMENT, NOTICE OF TERMINATION MUST BE SUBMITTED IN WRITING
TO THE OTHER AGREEMENT PARTY AT LEAST 120 DAYS AHEAD OF THE INTENDED
TERMINATION DATE.
5. AMENDMENTS/SUPPLEMENTS: THIS AGREEMENT CAN BE AMENDED AND/OR
SUPPLEMENTED UPON MUTUAL CONSENT OF THE AGREEMENT PARTIES. IN ORDER TO
BECOME EFFECTIVE, AMENDMENTS AND/OR SUPPLEMENTS MUST BE MADE IN WRITING
AND HAVE TO BE SIGNED BY BOTH PARTIES TO THE AGREEMENT.
FOR THE MINISTRY OF DEFENSE OF THE NETHERLANDS:
AIRBASE SOESTERBERG
THE DEPUTY FOR LOGISTICS
ING. A. MOSTERT
LT COL RNETH AF
FOR THE US ARMY, EUROPE:
25 NOVEMBER 1975
GENE F. WILSON
COL, GS
C, PLANS & OPS DIV
ODCSLOG, USAREUR
GERMANY, FEDERAL REPUBLIC OF 2 MAY 1974 FLITE DOCUMENT NO. 7950037
JOINT USE AGREEMENT EXECUTED 28 FEBRUARY AND 2 MAY 1974.
JOINT USE AGREEMENT REGARDING JOINT USE OF SPECIFIED AREA OF THE
BUNDESWEHR HOSPITAL MUNICH, FASANGARTEN. SUPERSEDES AGREEMENT OF 18 MAY
AND 6 JUNE 1973.
THE FEDERAL REPUBLIC OF GERMANY, REPRESENTED BY THE FEDERAL MINISTER
OF DEFENSE, HE REPRESENTED BY MILITARY DISTRICT ADMINISTRATION VI IN
MUNICH, DACHAUER STRASSE 128,
THE US FORCES IN EUROPE, REPRESENTED BY THE DEPUTY CHIEF OF STAFF FOR
LOGISTICS (DCSLOG), HQ USAREUR AND SEVENTH ARMY, APO 09403,
THE FOLLOWING
IS CONCLUDED SUBJECT TO THE APPROVAL BY THE FEDERAL MINISTER OF
DEFENSE.
1) THE FEDERATION MAKES AVAILABLE TO THE US FORCES WITHIN THE AREA OF
THE BUNDESWEHR HOSPITAL MUNICH, FASANGARTEN (FORMER US HOSPITAL MUNICH,
PERLACHER FORST), THE FOLLOWING ROOMS IN BUILDING 383 (IN THE NORTHWEST
WING = SOCALLED WESTCLINIC) FOR THE PURPOSE OF JOINT USE:
BASEMENT: ROOMS NO. 55, 56, 57, 58 AND 65;
FIRST FLOOR: ROOMS NO. 168 THROUGH 191 (TO INCLUDE THE APPURTENANT
HALLWAYS AND STAIRCASES);
SECOND FLOOR: ROOMS NO. 201 THROUGH 225 (TO INCLUDE THE APPURTENANT
HALLWAYS AND STAIRCASES);
THIRD FLOOR: ROOMS NO. 359 THROUGH 384 (TO INCLUDE THE APPURTENANT
HALLWAYS AND STAIRCASES).
FOR UTILIZATION AS A HEALTH CLINIC BY THE US FORCES.
THIS AREA WILL BE SEPARATED UTILITY-, MAINTENANCE- AND
CONSTRUCTION-WISE FROM THE REMAINING HOSPITAL BUILDING - AS ALREADY
AGREED UPON - AT THE EXPENSE OF THE FEDERATION (SEE ARTICLE 1(A) 2 OF
ANNEX C OF THE JOINT USE AGREEMENT OF 16.5./6.6.73).
THE OBJECT IS KNOWN TO THE AGREEMENT PARTIES. THE SITE MAP IS AT
ANNEX 3, WHICH IS AN ESSENTIAL PART OF THIS AGREEMENT.
2) THE JOINT USE OF THE ROOMS, AREAS AND FACILITIES MADE AVAILABLE IS
EFFECTED UNDER THE CONDITION THAT THE OPERATION OF THE BUNDESWEHR
HOSPITAL MUNICH IS NOT OBSTRUCTED (E.G. BY COMPETITION FOR PARKING,
TRAFFIC PROBLEMS) ON ACCOUNT OF THE JOINT USE.
1) THE OBLIGATION OF THE FEDERATION FOR TRANSFER OF THE OBJECT OF THE
AGREEMENT IN ACCORDANCE WITH ARTICLE 1 AND THE CONDITIONS SET FORTH
BELOW BECOME EFFECTIVE ON THE DATE AS OF WHICH BOTH PARTIES HAVE SIGNED
THIS AGREEMENT.
AT THE SAME TIME THE JOINT USE AGREEMENT OF 18.5./6.6.73, CONCLUDED
BETWEEN USAREUR AND WBV VI, BECOMES NULL AND VOID.
2) FOR THE TIME BEING, THIS AGREEMENT IS CONCLUDED WITHOUT A TIME
LIMITATION. THE FEDERATION CAN ONLY GIVE NOTICE OF TERMINATION UPON
COMPLETION OF THE ALTERNATE CONSTRUCTION OF A HEALTH AND DENTAL CLINIC
AT MUNICH FOR THE US FORCES. MOREOVER, THE US FORCES ARE ENTITLED TO
TERMINATE THE AGREEMENT WITH A 120-DAY PERIOD OF NOTICE OR, UNDER MUTUAL
CONSENT, WITH A SHORTER PERIOD ALSO PRIOR TO THE TAKEOVER OF THE
ALTERNATE BUILDINGS.
THE BUNDESWEHR IS ENTITLED TO GIVE NOTICE OF TERMINATION AS OF THE
DATE SPECIFIED IN ARTICLE 2, SUBPARAGRAPH 2, SENTENCE 2, ALSO BY
OBSERVING A 120-DAY TIME LIMIT OR, UNDER MUTUAL CONSENT, WITH A SHORTER
PERIOD.
UNTIL COMPLETION OF AN ALTERNATE HEALTH AND DENTAL CLINIC AT MUNICH
FOR THE US FORCES, THE FEDERATION WILL NOT REQUEST REIMBURSEMENT FROM
THE US FORCES FOR THEIR JOINT USE OF THE WESTCLINIC. EXCEPTED HEREFROM
ARE JOINT USE OF UTILITIES (SEE ARTICLE 6).
IN COORDINATION WITH THE COMMANDER OF THE US FORCES HEALTH CLINIC,
MUNICH, THE FEDERATION IS AUTHORIZED ACCESS TO THE US FORCES USED
PORTION OF THE OBJECT OF THE AGREEMENT, DESCRIBED IN ARTICLE 1, FOR
ADMINISTRATIVE AND TECHNICAL PURPOSES. THE SAME PROCEDURE WILL APPLY TO
US FORCES REPRESENTATIVES REGARDING ACCESS TO THE BUNDESWEHR PORTION, TO
INCLUDE BUILDING 384, AS FAR AS UTILITY AND WASTE DISPOSAL FACILITIES,
USED BY BOTH PARTIES TO THIS AGREEMENT, ARE LOCATED THEREIN.
THE US FORCES WILL BE AUTHORIZED ACCESS TO AND USE OF THE
INCINERATOR.
1) THE US FORCES WILL USE THE OBJECT OF THE AGREEMENT (ARTICLE 1) IN
THE CONDITION AS IT IS FOUND. THEY ARE OBLIGATED TO TAKE GOOD CARE OF
THE OBJECT OF THE AGREEMENT AND TO AVOID DAMAGES OF ALL KIND TO THE
GREATEST POSSIBLE EXTENT. THE FEDERATION DOES NOT TAKE OVER ANY
GUARANTEE FOR A CERTAIN SIZE AND CONDITION AND FOR VISIBLE AND INVISIBLE
DEFICIENCIES OF THE OBJECT OF THE AGREEMENT.
2) STRUCTURAL CHANGES AND THE CONSTRUCTION OF ADDITIONAL STRUCTURES
IN OR AT THE OBJECT OF THE AGREEMENT BY THE US FORCES REQUIRE PRIOR
APPROVAL OF THE FEDERATION. IF STRUCTURAL CHANGES ARE EFFECTED BY THE
US FORCES OR ADDITIONAL BUILDINGS ARE CONSTRUCTED, THE US FORCES MUST
OFFER THEM TO THE FEDERATION AT THE TERMINATION OF THIS AGREEMENT. IF A
TAKEOVER BY THE FEDERATION IS NOT EFFECTED, ARTICLE 52 OF SA TO NATO
SOFA WILL APPLY.
3) UPON TERMINATION OF THE AGREEMENT, THE US FORCES AGREE TO LEAVE IN
PLACE EQUIPMENT AND FACILITIES (EQUIPMENT ON THE PART OF THE BUILDER)
WHICH ARE PERMANENTLY INSTALLED IN THE BUILDING AND WHICH ARE ESSENTIAL
FOR THE OPERATION THEREOF. ARTICLE 52 OF SA TO NATO SOFA WILL ALSO
APPLY IN THIS CONNECTION.
4) AS FAR AS MAINTENANCE WORK BECOMES NECESSARY AS A RESULT OF THE
JOINT USE OF THE OBJECT MADE AVAILABLE, SUBJECT WORK WILL BE PERFORMED
BY THE US FORCES AT THEIR EXPENSE. EXCEPTED HEREFROM IS FACADE WALL
WORK.
5) THE US FORCES AGREE TO EFFECT IMMEDIATE REPAIR OF DAMAGES OCCURRED
DURING THE JOINT USE, AND, UPON TERMINATION OF OCCUPANCY, TO RESTORE THE
BUILDING PORTION TO THE STRUCTURAL CONDITION WHICH EXISTED AT THE
BEGINNING OF THIS AGREEMENT, (FAIR WEAR AND TEAR EXCEPTED). THE
INVENTORY AND CONDITION REPORT, SIGNED BY THE TWO AGREEMENT PARTIES AND
ATTACHED TO THIS AGREEMENT AS ANNEX 1, WILL SERVE AS BASIS FOR
COMPARISON AT THE TIME OF TERMINATION.
1) THE US FORCES REIMBURSE THE FEDERATION ALL COSTS FOR UTILITY
SERVICES REQUESTED BY THE US FORCES AND, IF THE OCCASION ARISES, A
PROPORTIONATE SHARE OF MAINTENANCE WORK (GAS, WATER, ELECTRICITY,
EMERGENCY POWER, SEWAGE, SEE ANNEX 2) FOR JOINTLY USED FACILITIES.
INSTALLATION OF INTERMEDIATE METERS, SPECIAL CONNECTIONS, AND/OR
ALTERATIONS TO THE EXISTING DISTRIBUTION SYSTEM FOR UTILITY SERVICES
WILL BE EFFECTED BY THE FEDERATION, INCLUDING THE US FORCES CO-USED
BUILDING PORTION IN ACCORDANCE WITH ARTICLE 1, AS FAR AS THIS IS
NECESSARY FOR THE SEPARATION OR COST SETTLEMENT OF UTILITY SERVICES (SEE
ANNEX 2).
2) THE ATTACHED ANNEX SETTLES THE TECHNICAL REQUIREMENTS FOR
PROVISION OF UTILITY SERVICES FOR THE (FORMERLY) BUNDESWEHR-OCCUPIED
PORTION OF THE HOSPITAL FASANGARTEN (PERLACHER FORST); IT ALSO SETTLES
REIMBURSEMENT OF COSTS THEREOF. THIS ANNEX IS AN ESSENTIAL PART OF THIS
JOINT USE AGREEMENT. AS FAR AS UTILITY SERVICES ARE RENDERED BY THE
FEDERATION UNDER THIS AGREEMENT, REIMBURSEMENT THEREOF HAS TO BE
EFFECTED WITHIN 30 DAYS UPON RECEIPT OF THE BILL TO THE ACCOUNT
DESIGNATED BY THE FEDERATION. THE SAME PROCEDURE APPLIES TO UTILITY
SERVICES RENDERED BY THE US FORCES TO THE FEDERATION.
DURING THE JOINT USE OF THE OBJECT OF THE AGREEMENT BY THE US FORCES,
THE FEDERATION WILL ONLY BE LIABLE FOR SUCH DAMAGES WHICH ARE CAUSED
INTENTIONALLY OR THROUGH GROSS NEGLIGENCE BY EMPLOYEES OF THE FEDERATION
DURING EXECUTION OF THEIR OFFICIAL DUTIES. EMPLOYEES OF THE FEDERATION
CANNOT BE HELD PERSONALLY LIABLE IF THEY ACTED IN EXECUTION OF THEIR
OFFICIAL DUTIES. NATO SOFA AND THE SUPPLEMENTARY AGREEMENT THERETO
(ESPECIALLY ARTICLE VIII AND ARTICLE 41) SERVE AS LIABILITY BASIS FOR
CLAIMS BY THE FEDERATION AGAINST THE US FORCES.
1) THE US FORCES ARE OBLIGATED TO TAKE CARE OF ACCIDENT PREVENTION BY
THEMSELVES. THEY HAVE TO OBSERVE THE GENERAL REGULATIONS OF ACCIDENT
PREVENTION, SAFETY, FIRE PREVENTION AND FIRE FIGHTING, MAINTENANCE OF
HEALTH AND HYGIENE, TO INCLUDE THE REGULATIONS ON ENVIRONMENTAL
PROTECTION.
2) THE FEDERATION IS AUTHORIZED TO SURVEY THE TECHNICAL EXECUTION OF
THE JOINT USE AND, UPON DETERMINATION OF DEFICIENCIES, TO REQUEST
IMMEDIATE REMEDIAL ACTIONS TO BE TAKEN BY THE US FORCES.
GUARDING OF THE BUILDING PORTION MADE AVAILABLE TO THE US FORCES WILL
BE EFFECTED BY THE US FORCES. AT THE BEGINNING OF THIS AGREEMENT THE US
FORCES ARE ALREADY IN POSSESSION OF THIS BUILDING PORTION.
1) AMENDMENTS AND/OR SUPPLEMENTS TO THIS AGREEMENT MUST BE MADE IN
WRITING IN ORDER TO BECOME EFFECTIVE. THEY WILL BE SETTLED BY MEANS OF
SUPPLEMENTARY AGREEMENTS, WHICH WILL ONLY BECOME VALID AFTER SIGNATURE
BY BOTH AGREEMENT PARTIES.
2) THIS AGREEMENT IS MADE IN THE GERMAN AND ENGLISH LANGUAGES. BOTH
VERSIONS ARE EQUALLY BINDING.
FOR THE FEDERAL REPUBLIC OF GERMANY
IM AUFTRAG
(KUTT)
ABTEILUNGSPRASIDENT
MUNICH, 2 MAI 1974
TECHNICAL REQUIREMENTS FOR PROVISIONS OF UTILITY SERVICES TO THE
BUNDESWEAR HOSPITAL PERLACHER FORST AND TO THE US FORCES PORTION OF THE
HOSPITAL, AND FOR REIMBURSEMENT OF COSTS.
1. GENERAL:
THE PERLACHER FORST HOSPITAL IS LOCATED NEAR THE CENTER OF THE
AMERICAN HOUSING COMMUNITY PERLACHER FORST AND DERIVES ALL OF ITS
UTILITY SERVICES FROM US FORCES CONTROLLED FACILITIES
2. UPON CONCLUSION OF AN AGREEMENT IN REGARD TO THE HOSPITAL
(BUILDINGS 382, 383, 384 AND 385) THE BUNDESWEHR SHALL BE RESPONSIBLE
FOR REIMBURSEMENT TO THE US FORCES FOR ALL UTILITY SERVICES WHICH ARE
PROVIDED TO THE BUNDESWEHR BY THE US FORCES. IN LIKE MANNER, THOSE
SERVICES WHICH THE US FORCES ARE PROVIDED BY THE BUNDESWEHR SHALL BE
REIMBURSED FOR BY THE US FORCES. THE FOLLOWING LIST OF SERVICES AND
TECHNICAL DETAILS DEFINE IN THIS CASE THE TERM "UTILITY SERVICES" AND
ARE THE REQUIREMENTS FOR THE ABOVE MENTIONED CONCLUSION OF AGREEMENT.
A. ELECTRICITY
(1) GENERAL:
THE AMERICAN COMMUNITY INCLUDING HOSPITAL RECEIVES ELECTRIC POWER VIA
A HIGH VOLTAGE RING CABLE AND IS CENTRALLY METERED BY THE STADTWERKE
MUENCHEN AT THE STADELHEIMER TRANSFORMER STATION.
THE HIGH VOLTAGE RING CABLE, APPURTENANT HIGH VOLTAGE EQUIPMENT, AND
THE TRANSFORMERS FED BY THE RING CABLE BELONG TO AND ARE MAINTAINED BY
THE STADTWERKE MUENCHEN. A LOW-VOLTAGE CONSUMPTION METER PRESENTLY
EXISTS IN THE TRANSFORMER STATION (BUILDING 384) SERVING THE HOSPITAL
(BUILDINGS 382 AND 383), BUT A PORTION OF THE HOUSING AREA IS ALSO
CONNECTED TO THE METER.
(2) ALTERATIONS REQUIRED:
IN THE TRANSFORMER STATION, LOW VOLTAGE ROOM OF BUILDING 384, THE
BUNDESWEHR SHALL DISCONNECT BOTH THE UNDERGROUND CABLES WHICH FEED THE
US HOUSING AREA AND BUILDING 381. THE CABLES WILL BE EXTENDED, EQUIPPED
WITH NEW FUSES AND CONNECTED TO THE MAIN BUS BAR. THE CONNECTION MUST
BE IN FRONT OF THE EXISTING TRANSDUCER. INSTALLATION OF A DOUBLE-TARIFF
MAXIMUM DEMAND METER FOR DETERMINATION OF THE POWER CONSUMPTION DURING
HEAVY-LOAD AND LIGHT-LOAD PERIODS, AND FIXING OF THE MAXIMUM DEMAND.
ALL WORK WILL BE ACCOMPLISHED BY THE BUNDESWEHR AT NO COST TO THE US
FORCES.
(3) REIMBURSEMENT OF COSTS:
THE BUNDESWEHR SHALL REIMBURSE THE US FORCES FOR ALL ELECTRIC POWER
CONSUMED AT A RATE EQUIVALENT TO THE AVERAGE COST OF ELECTRIC POWER
SUPPLY TO THE US FORCES, PLUS 5% FOR THE TRANSFORMER AND LINE LOSSES.
THE ELECTRICITY CONSUMED BY THE BUNDESWEHR SHALL BE DETERMINED BY ACTUAL
METER READINGS OF THE DOUBLE-TARIFF MAXIMUM DEMAND METER TO BE INSTALLED
IN BUILDING 384, MINUS THE ELECTRICITY CONSUMED BY THE US FORCES
CONTROLLED PORTION OF THE HOSPITAL; THE ABOVE MENTIONED TRANSFORMER AND
LINE LOSSES, HOWEVER, WILL ALSO BE CHARGED FOR THE US FORCES
CONSUMPTION.
(4) DETERMINATION OF US FORCES ELECTRICITY CONSUMPTION:
CHARGES FOR ELECTRICITY CONSUMED BY THE US FORCES WILL BE AT A FLAT
RATE. (A SURVEY OF LIGHT FIXTURES AND ELECTRICAL EQUIPMENT, AS WELL AS
OF THE TENNIS COURT AND SPORT FIELD WILL BE PERFORMED BY REPRESENTATIVES
OF THE BUNDESWEHR AND THE US FORCES).
(5) THE US FORCES SHALL BE CHARGED A PROPORTIONATE SHARE OF
ELECTRICITY CONSUMED BY JOINTLY UTILIZED EQUIPMENT AND SYSTEMS (I.E.
LIFTING SYSTEMS, CIRCULATING PUMPS FOR HEATING SYSTEMS, ELEVATOR AND
STAIRCASE LIGHTING), TO INCLUDE 5% FOR TRANSFORMER AND LINE LOSSES.
(6) THE BUNDESWEHR SHALL BE RESPONSIBLE FOR THE REPAIR AND
MAINTENANCE OF ALL LOW TENSION ELECTRICAL FACILITIES BEYOND THE METERING
DEVICE SOURCE IN BUILDING 384, EXCEPT FOR THOSE FACILITIES LOCATED IN
THE US FORCES CLINIC.
B. EMERGENCY POWER
(1) THE BUNDESWEHR SHALL ASSUME ALL OPERATIONAL, MAINTENANCE AND
REPAIR RESPONSIBILITY FOR THE EMERGENCY DIESEL-GENERATOR. THE US FORCES
SHALL BE CHARGED A PROPORTIONATE SHARE OF THE OPERATIONAL AND
MAINTENANCE COSTS.
(2) THE US FORCES CLINIC REQUIRES EMERGENCY ELECTRIC SERVICE FROM THE
HOSPITAL CENTRAL SYSTEM (BATTERIES); THOSE CIRCUITS OF THE CENTRAL
SYSTEM WHICH EXIST IN THE US FORCES CLINIC SHALL NOT BE DE-ACTIVATED BY
THE BUNDESWEHR.
C. STREET LIGHTING
(1) 17 POLE MOUNTED STREET LIGHTS SURROUND THE HOSPITAL AND ARE
CONNECTED TO THE BUNDESWEHR SIDE OF THE CONSUMPTION METER IN BUILDING
384.
(2) THE BUNDESWEHR SHALL MAINTAIN AND REPAIR ALL 17 STREET LIGHTS AND
SHALL CHARGE THE US FORCES A PROPORTIONATE SHARE OF COSTS FOR
ELECTRICITY CONSUMPTION. MAINTENANCE AND REPAIR COSTS OF 6 OF THE
STREET LIGHTS SHALL BE CHARGED TO THE US FORCES, BASED ON THE ACTUAL
COSTS TO THE BUNDESWEHR. (THESE 6 LIGHTS ARE LOCATED AT THE JOINTLY
USED ACCESS ROAD TO THE EMERGENCY ENTRANCE).
D. HEAT
(1) THE HIGH PRESSURE BOILER PLANT IN PERLACHER FORST SUPPLIES THE
HOSPITAL WITH SUPERHEATED STEAM (12 ATM 330 DEGREES C) FOR STERILIZATION
FOR COUNTERFLOW HEAT EXCHANGERS AND SUMMER SPACE HEATING OF WARDS;
SUPERHEATED WATER (12 ATM MAXIMUM 160 DEGREES C) FOR SPACE HEATING,
DOMESTIC WARM WATER 60 DEGREES C FOR BATHROOMS AND WASHBASINS. FOR
DETERMINATION OF THE CONSUMPTION VARIOUS METERING EQUIPMENT HAVE TO BE
INSTALLED BY THE BUNDESWEHR.
(2) FOR DETERMINATION OF COSTS, THE FOLLOWING ALTERATIONS HAVE TO BE
MADE BY THE BUNDESWEHR WITH NO COST TO THE US FORCES:
(A) INSTALLATION OF A STEAM TON METER IN THE MAIN STEAM SUPPLY LINE
AT THE HEATING STATION LOCATED IN THE BASEMENT OF THE HOSPITAL.
(B) INSTALLATION OF A WATER METER ON THE WARM WATER SUPPLY MAIN, AND
INSTALLATION OF A WARM WATER METER ON THE CIRCULATING LINE IN THE
HEATING STATION LOCATED IN THE BASEMENT OF THE HOSPITAL.
(C) DISCONNECTION OF THE WARM WATER SUPPLY MAIN AND CIRCULATING LINE
FOR BUILDING 381 FROM THE MANIFOLD. CONNECTION OF THE LINES TO THE
MAIN, IN FRONT OF THE METER TO BE INSTALLED TO ENSURE THAT THE WARM
WATER CONSUMPTION OF BUILDING 381 IS NOT METERED.
(D) INSTALLATION OF A WATER METER (INTERMEDIATE METER) AT THE COLD
WATER DISTRIBUTION IN THE BOILER PLANT BUILDING 398, TO MEASURE PLANT
CONSUMPTION.
(3) METHOD FOR DETERMINATION OF REIMBURSEMENT
(A) SPACE HEATING REQUIREMENTS SHALL BE DETERMINED ON THE BASIS OF
CUBIC METER OF HEATED SPACE. THE BUNDESWEHR SHALL REIMBURSE THE US
FORCES THE PROPORTIONATE SHARE OF ITS SPACE HEATING REQUIREMENT.
(B) STEAM REQUIREMENTS SHALL BE DETERMINED BY METERING. THE
BUNDESWEHR SHALL REIMBURSE THE US FORCES FOR THE COST OF STEAM TONS
SUPPLIED, MINUS THE ESTIMATED USAGE OF THE US FORCES FOR STERILIZERS
LOCATED IN THE US FORCES CLINIC.
(D) THE PRICE OF EACH STEAM TON WILL INCLUDE DIRECT COSTS SUCH AS
FUEL, PERSONNEL, WATER, CHEMICALS, ELECTRICITY, ETC. AND INDIRECT
OPERATIONAL COSTS FOR RECOVERY OF MAINTENANCE AND REPAIR COSTS FOR
BOILER PLANT AND STEAM DISTRIBUTION SYSTEM.
(E) THE US FORCES ARE RESPONSIBLE FOR THE STEAM SUPPLY LINE UP TO THE
FLANGE OF THE METER, FOR THE CONDENSATE LINE UP TO THE FLANGE IN FRONT
OF THE PUMP, FOR THE WARM WATER AND CIRCULATING LINE UP TO THE FLANGE IN
FRONT OF THE METERS, FOR THE HOT WATER SUPPLY AND RETURN LINES UP TO THE
FLANGE IN FRONT OF THE MAIN VALVES. THE BUNDESWEHR SHALL BE RESPONSIBLE
FOR THE REPAIR AND MAINTENANCE OF THE HEATING, STEAM AND DOMESTIC WARM
WATER SYSTEMS AND DISTRIBUTION SYSTEMS FROM THE POINT OF DELIVERY OF
EACH DELIVERY MAIN, EXCEPT IN THE US FORCES CLINIC PORTION.
(E) WATER
(1) GENERAL:
THE HOSPITAL AND BUILDING 381 ARE DELIVERED CHLORINATED AND
FLUORIDATED WATER VIA TWO WATER MAINS, EACH EQUIPPED WITH A METER.
AFTER THE METERS, A RING MAIN EXISTS AROUND THE HOSPITAL.
(2) THE BUNDESWEHR WILL INSTALL AT NO COST TO THE US FORCES TWO WATER
METERS IN THE BASEMENT OF BUILDING 381, AND ONE WATER METER AT THE
TENNIS COURT, FOR DETERMINATION OF THE US CONSUMPTION, SINCE THE WATER
WILL BE DRAWN FROM THE FUTURE UTILITY NET OF THE BUNDESWEHR PORTION.
OTHERWISE, NO MEASUREMENT COULD BE EFFECTED.
(3) THE BUNDESWEHR SHALL CONCLUDE A WATER SERVICES CONTRACT WITH THE
CITY WATER WORKS. THE BUNDESWEHR WILL CHARGE THE US FORCES THE
ESTIMATED CONSUMPTION COSTS FOR THE US FORCES OCCUPIED PORTION OF THE
HOSPITAL, AND THE METERED WATER CONSUMPTION FOR BUILDING 381 AND THE
TENNIS COURT. THE COST OF ONE CUBIC METER WATER SHALL BE EQUIVALENT TO
THE COST OF WATER SERVICE TO THE BUNDESWEHR.
(4) THE BUNDESWEHR SHALL BE RESPONSIBLE FOR ALL REPAIR AND
MAINTENANCE OF THE WATER DISTRIBUTION SYSTEM FROM THE METERS AND FOR
SANITARY FACILITIES WITHIN THE HOSPITAL, EXCEPT FOR THE US FORCES CLINIC
PORTION.
(F) WATER SOFTENING
(1) GENERAL:
A CENTRAL, AUTOMATIC WATER SOFTENER PLANT IS LOCATED IN THE BASEMENT
OF THE HOSPITAL, BUILDING 383. THIS PLANT SUPPLIES SOFT WATER TO THE
HOSPITAL VIA ONE LINE WHICH LEADS TO THE 5TH FLOOR OF THE HOSPITAL. A
WATER METER EXISTS ON THE SUPPLY LINE TO THE SOFTENING PLANT. FOR
DETERMINATION OF THE CONSUMPTION BY THE US FORCES, A WATER METER SHALL
BE INSTALLED ON THE 2ND FLOOR OF THE US FORCES CLINIC. THE WATER
SOFTENER PLANT REQUIRES APPROXIMATELY 1/2 HOUR OF MAINTENANCE PER DAY.
(2) THE BUNDESWEHR SHALL REIMBURSE THE US FORCES FOR WATER SOFTENING
BASED ON ACTUAL CUBIC METERS OF SOFTENED WATER CONSUMED. THE COST PER
CUBIC METER OF WATER SOFTENED SHALL BE THE COST OF CHEMICALS AND LABOR
REQUIRED TO PERFORM THE SERVICES. EXPENDITURES TO COVER THE MAINTENANCE
AND REPAIR COSTS FOR THIS FACILITY WILL BE APPORTIONED IN PROPORTION TO
THE SOFT WATER CONSUMPTION. THE US FORCES WILL BE CHARGED BY THE
BUNDESWEHR THE COST OF RAW WATER REQUIRED FOR SOFT WATER CONSUMPTION BY
THE US FORCES CLINIC.
(G) SEWAGE
THE BUNDESWEHR SHALL BE RESPONSIBLE FOR ALL REPAIR AND MAINTENANCE OF
THE SEWAGE SYSTEM WITHIN THE HOSPITAL, EXCEPT THE US FORCES CLINIC, TO
THE FIRST MANHOLE OF THE SEWER MAIN SERVING THE HOSPITAL. THE GREASE
TRAPS, SAND TRAPS AND GASOLINE SEPARATORS ARE NOT REQUIRED BY THE US
FORCES. THEY ARE SOLELY THE RESPONSIBILITY OF THE BUNDESWEHR. THE US
FORCES SHALL REIMBURSE THE BUNDESWEHR THE COST OF SEWAGE DISPOSAL BASED
ON THE WATER CONSUMPTION, AT THE RATE OF THE SEWAGE DISPOSAL SERVICES TO
THE BUNDESWEHR.
(H) GAS
(1) THE BUNDESWEHR SHALL CONCLUDE A GAS SERVICE CONTRACT WITH THE
CITY WORKS.
(2) THE BUNDESWEHR SHALL INSTALL EACH ONE GAS METER ON THE 2ND AND
3RD FLOOR OF THE US FORCES CLINIC FOR DETERMINATION OF THE US FORCES
CLINIC'S GAS CONSUMPTION WITH NO COST TO THE US FORCES. THE BUNDESWEHR
SHALL BILL THE US FORCES FOR THE GAS CONSUMPTION.
(I) REFUSE COLLECTION
REFUSE ACCUMULATING AT THE US FORCES CLINIC WILL BE PICKED UP BY THE
US FORCES.
(J) ELECTRIC CLOCK AND INTERCOM SERVICES
(1) THERE ARE 16 ELECTRIC CLOCKS INSTALLED IN THE US FORCES CLINIC
WHICH ARE CONNECTED TO THE MASTER CLOCK SYSTEM OF THE BUNDESWEHR.
(2) THE US FORCES SHALL REIMBURSE THE BUNDESWEHR A PROPORTIONATE
SHARE OF MAINTENANCE AND REPAIR COSTS OF THIS SYSTEM.
(3) THE US FORCES REQUIRE NO INTERCOM SERVICES IN THE US FORCES
CLINIC.
(4) SIX ELECTRIC CLOCKS INSTALLED IN BUILDING 381 - WHICH IS NOT
RELEASED - SHALL BE DISCONNECTED FROM THE MASTER CLOCK SYSTEM. THESE
CLOCKS ARE NOT NEEDED BY THE US FORCES.
(K) OXYGEN SYSTEM
THE US FORCES REQUIRE NO OXYGEN SERVICE IN THE US FORCES CLINIC.
(L) FIRE ALARM SYSTEM
THE BUNDESWEHR SHALL BE RESPONSIBLE FOR THE MAINTENANCE, REPAIR AND
PROPER OPERATION OF THE FIRE ALARM SYSTEM. THE US FORCES SHALL
REIMBURSE THE BUNDESWEHR FOR ITS PROPORTIONATE SHARE OF THIS SYSTEM
BASED UPON OCCUPIED SPACE.
(M) ELEVATORS
ELEVATOR #3 IN THE WEST CLINIC SHALL BE JOINTLY USED BY AUTHORIZED
PERSONNEL (NOT OPEN TO PUBLIC USAGE). THE US FORCES SHALL REIMBURSE THE
BUNDESWEHR FOR USAGE OF ELEVATOR AT THE RATE OF 50% OF THE COST OF
OPERATION AND MAINTENANCE OF THE ELEVATOR.
(N) INCINERATOR
THE US FORCES SHALL BE ALLOWED USAGE OF THE INCINERATOR AND SHALL
REIMBURSE THE BUNDESWEHR FOR SUCH USAGE BASED ON TIMES USED. THE RATE
PAID SHALL BE THE COST OF THE GAS CONSUMED PLUS A PROPORTIONATE AMOUNT
FOR THE MAINTENANCE OF THE FACILITY.
(O) BUILDING EXTERIOR
MAINTENANCE AND REPAIR OF THE EXTERIOR SURFACES AND ROOF OF BUILDING
383 (US FORCES CLINIC) WILL BE THE SOLE RESPONSIBILITY OF THE
BUNDESWEHR.
(P) PARKING AREAS
(1) AS SHOWN IN ANNEX 3, MAINTENANCE AND REPAIR OF THE PARKING AREA
DIRECTLY IN FRONT OF BUILDING 383 WILL BE THE SOLE RESPONSIBILITY OF THE
BUNDESWEHR.
(2) MAINTENANCE AND REPAIR OF THE PARKING LOT IN FRONT OF BUILDING
381 WILL BE THE RESPONSIBILITY OF THE US FORCES.
(Q) ROADS
(1) MAINTENANCE AND REPAIR OF CINCINNATISTRASSE WILL REMAIN A US
FORCES RESPONSIBILITY. THE BUNDESWEHR SHALL REIMBURSE THE US FORCES THE
FEES AS LEVIED BY THE CITY OF MUNICH FOR PROPERTIES ADJACENT TO PUBLIC
ROADS.
(2) MAINTENANCE AND REPAIR OF JOINTLY USED EMERGENCY ENTRANCE ACCESS
ROAD, SHOWN IN ANNEX 3, WILL BE A US FORCES RESPONSIBILITY. THE
BUNDESWEHR WILL REIMBURSE THE US FORCES A PROPORTIONATE SHARE OF COST OF
THIS REPAIR AND MAINTENANCE.
(R) SNOW REMOVAL
(1) SNOW REMOVAL AREAS OF RESPONSIBILITY WILL BE THE SAME AS THOSE
RESPONSIBILITIES FOR MAINTENANCE AND REPAIR DEFINED IN PARAGRAPHS (P)
AND (Q).
(2) PRIORITY OF SNOW REMOVAL IN US FORCES AREAS OF RESPONSIBILITY
WILL BE IN ACCORDANCE WITH LOCALLY ESTABLISHED REMOVAL PLAN.
(S) GROUNDS
MAINTENANCE AND REPAIR OF HOSPITAL GROUNDS WILL BE THE RESPONSIBILITY
OF THE USER AS DESIGNATED ON THE ATTACHED PLAN IN ANNEX 3.
(T) HELIPAD
MAINTENANCE AND REPAIR OF THE HELIPAD WILL BE A US FORCES
RESPONSIBILITY. THE BUNDESWEHR WILL REIMBURSE THE US FORCES FOR 50% OF
THE COST OF OPERATION, MAINTENANCE AND REPAIR. IF ONE OF THE AGREEMENT
PARTNERS RAISES SPECIAL REQUESTS, HE WILL HAVE TO BEAR THE ENTIRE COSTS.
SHOULD US FORCES OPERATIONAL REQUIREMENTS NECESSITATE THE CLOSING OF
THE HELIPAD, THE BUNDESWEHR DOES NOT HAVE THE RIGHT TO CLAIM A
REPLACEMENT BY THE US FORCES, NOR ON US FORCES CONTROLLED REAL ESTATE.
(U) FEES FOR STORM DRAIN OF BUILT UP PROPERTIES
THE BUNDESWEHR PAYS THE FEE FOR STORM DRAIN OF BUILT-UP PROPERTIES TO
THE CITY OF MUNICH, AS FAR AS THEY ARE TAKEN OVER BY THE BUNDESWEHR.
THE US FORCES PROPORTIONATE SHARE WILL BE REIMBURSED BY THEM TO THE
BUNDESWEHR.
(V) FIRE HYDRANT
ALL OF THE FIRE HYDRANTS AT THE HOSPITAL SHALL BE TAKEN OVER BY THE
BUNDESWEHR. THE US FORCES SHALL BE CHARGED A PROPORTIONATE SHARE OF
COST FOR THE MAINTENANCE AND REPAIR.
3. ALL INVOICES TO BE PAID BY THE US FORCES MAY NOT CONTAIN TAX ON
ADDED VALUE.
REF: OFF-SHORE - STEUERABKOMMEN
PERL. FORST HOSPITAL . (MAP OMITTED)
GERMANY, FEDERAL REPUBLIC OF 2 MAY 1974 FLITE DOCUMENT NO. 7950036
AGREEMENT EXECUTED 9 APRIL AND 2 MAY 1974; EFFECTIVE 1 MAY 1972
AGREEMENT REGARDING JOINT USE OF BUILDING 4001 OF FUNKERKASERNE
ESSLINGEN BY THE FEDERAL BORDER GUARD.
THE US FORCES IN EUROPE, REPRESENTED BY THE DEPUTY CHIEF OF STAFF FOR
LOGISTICS (DCSLOG), HQ USAREUR AND SEVENTH ARMY,
THE LAND BADEN-WUERTTEMBERG, REPRESENTED BY THE
LANDESPOLIZEIDIREKTION, STUTTGART 1, NECKERSTRASSE 195,
THE FOLLOWING AGREEMENT REGARDING JOINT USE OF BUILDING 4001 OF
FUNKERKASERNE ESSLINGEN BY THE FEDERAL BORDER GUARD IS CONCLUDED.
I. PURPOSE OF THE AGREEMENT
PURPOSE OF THE AGREEMENT IS TO DEFINE THE CONDITIONS UNDER WHICH
BUILDING 4001 OF FUNKERKASERNE ESSLINGEN, A US CONTROLLED ACCOMMODATION,
IS MADE AVAILABLE TO THE LAND FOR JOINT USE. A SITE MAP, "ANNEX A," AND
A BUILDING PLAN, "ANNEX B," ARE ATTACHED.
II. CONDITIONS
1. THE INVENTORY AND CONDITION REPORT OF 24 APRIL 1972 IS A
CONSTITUENT PART OF THIS AGREEMENT. ANOTHER INVENTORY AND CONDITION
REPORT WILL BE PREPARED AFTER THE RETURN OF THE BUILDING. THESE REPORTS
WILL BECOME PART OF THIS AGREEMENT AS "ANNEX C" AND WILL SERVE AS
COMPARISON BASIS FOR THE DETERMINATION OF DAMAGES WHICH EXCEED FAIR WEAR
AND TEAR OF THE BUILDING BY THE LAND.
2. UTILITIES COSTS FOR GAS, ELECTRICITY, AND WATER, PROVIDED BY THE
US FORCES AND CONSUMED BY THE LAND, WILL BE DETERMINED ON A PRO RATA
BASIS. THE HIGH US FORCES CONSUMPTION, BASED ON TECHNICAL REQUIREMENTS,
MUST BE TAKEN INTO CONSIDERATION IN THIS CONNECTION. FURTHERMORE,
SEPARATE BILLS FOR GARBAGE DISPOSAL AND SEWAGE SERVICES WILL BE PREPARED
ON A SEMI-ANNUAL BASIS. ALL IDENTIFIABLE COSTS WHICH RESULT FROM THE
JOINT USE BY THE LAND WILL BE PAID FOR BY THE LAND IN US DOLLARS OR
DOLLAR INSTRUMENTS. PAYMENTS HAVE TO BE MADE TO THE 105TH CENTRAL
FINANCE AND ACCOUNTING OFFICE STUTTGART, APO 09154. THE BILLS WILL BE
SUBMITTED TO THE LANDESPOLIZEIDIREKTION STUTTGART, NECKARSTRASSE 195, BY
THE DISTRICT ENGINEER, GRENADIERKASERNE, BUILDING 6, STUTTGART
ZUFFENHAUSEN, EVERY SIX MONTHS.
3. THE LAND WILL HOLD THE US FORCES FREE FROM ANY THIRD PARTY CLAIMS
WHICH MIGHT RESULT FROM THE JOINT USE.
4. THE US FORCES WILL NOT ASSUME ANY COSTS OR LIABILITY ARISING FROM
THE JOINT USE.
5. BEFORE THE JOINT USE AGREEMENT IS SIGNED, THE SUPREME FINANCE
DIRECTION STUTTGART WILL GIVE ITS WRITTEN CONSENT TO THIS JOINT USE IN A
SEPARATE LETTER. THIS LETTER WILL BE A PART OF THE US CONTRACTING
OFFICER'S FILES.
6. STRUCTURAL CHANGES TO THE INTERIOR OR THE OUTSIDE OF THE BUILDING
CAN ONLY BE MADE AFTER THE US FORCES' APPROVAL HAS BEEN OBTAINED IN
ADVANCE. NO ALTERATIONS, DELETIONS, OR ADDITIONS WILL BE MADE WITHOUT
PRIOR APPROVAL OF THE US FORCES. ALL REQUESTED CHANGES, STRUCTURAL OR
OTHERWISE, WILL BE REIMBURSED ON A CASE-BY-CASE BASIS.
7. THE LAND AGREES TO COMPLY WITH THE US FORCES' MAINTENANCE,
SAFETY, SANITARY, FIRE PREVENTION, AND FIRE PROTECTION REGULATIONS. THE
COMPLIANCE WITH THESE REGULATIONS IS SUBJECT TO THE US FORCES' CONTROL.
8. THE LAND WILL HAVE TELEPHONES INSTALLED AT ITS OWN EXPENSE.
9. ITEMS INSTALLED IN THE BUILDING AFTER THIS AGREEMENT BECOMES
EFFECTIVE WILL REMAIN IN PLACE UNLESS OTHERWISE DIRECTED BY THE US
FORCES.
10. THE LAND IS RESPONSIBLE FOR THE REPAIR OF DAMAGES AFTER THE
RETURN OF THE BUILDING; IF IT DOES NOT MEET THIS OBLIGATION, THE US
FORCES ARE AUTHORIZED TO HAVE THE DAMAGES REPAIRED AT THE EXPENSE OF THE
LAND.
11. THE LAND IS RESPONSIBLE FOR REPAIR AND MAINTENANCE OF THE
BUILDING PORTION USED BY THE LAND AND BEARS ALL COSTS FOR SUCH MEASURES.
12. THE DETERMINATION OF A RENT FOR THE ROOMS WHICH ARE LET WILL BE
EFFECTED BETWEEN THE FEDERATION AND THE LAND.
13. THE LAND IS ALSO RESPONSIBLE FOR THE GUARDING OF THE JOINTLY
USED BUILDING. IN CASE OF EMERGENCY, THE LAND IS WILLING TO GUARD THE
AREA ON A TEMPORARY BASIS.
14. THE JOINT USE OF THE BUILDING IS AT THE FREE WILL OF THE US
FORCES. IT CAN BE REVOKED FOR SECURITY REASONS AND FOR URGENT DEFENSE
INTERESTS. IN SUCH CASES, THE US FORCES CAN WITHDRAW FROM THE
AGREEMENT. CLAIMS AGAINST THE US FORCES CANNOT BE BROUGHT TO BEAR IF
THE WITHDRAWAL FROM THE AGREEMENT IS MADE ON THE BASIS OF THE ABOVE
MENTIONED REASONS. IN THIS CASE, THE LAND WILL BE GRANTED A 30-DAY
PERIOD TO MOVE OUT.
15. AS FAR AS PRACTICABLE, THE FEDERAL BORDER GUARD IS PERMITTED TO
RECEIVE SUBSISTENCE SUPPORT FROM THE US FORCES AGAINST REIMBURSEMENT.
THE PERTINENT APPROVAL FROM THE SUPREME FINANCE DIRECTION IS ATTACHED AS
"ANNEX D."
16. AS FAR AS PRACTICABLE PARKING OF VEHICLES WILL BE PERMITTED.
III. DURATION - CHANGES - LANGUAGE
1. THIS AGREEMENT BECOMES EFFECTIVE UPON SIGNATURE BY BOTH PARTIES
AND REMAINS IN EFFECT FOR AN INDEFINITE PERIOD OF TIME OR UNTIL THE
AGREEMENT IS TERMINATED. IT CAN BE TERMINATED BY EACH CONTRACTING PARTY
BY NOTIFYING THE OTHER AGREEMENT PARTY 30 DAYS IN ADVANCE IN WRITING OF
ITS INTENTION TO WITHDRAW FROM THE AGREEMENT. A TERMINATION OF THE
AGREEMENT ACCORDING TO ARTICLE II, PARAGRAPH 14, IS NOT AFFECTED BY
THIS.
2. CHANGES AND/OR SUPPLEMENTS CAN BE MADE UNDER MUTUAL CONSENT OF
THE CONTRACTING PARTIES. THEY HAVE TO BE IN WRITING.
3. THIS AGREEMENT IS MADE IN GERMAN AND ENGLISH. IN CASE OF
DEVIATIONS, THE ENGLISH VERSION WILL GOVERN.
4. THE CONDITIONS OF THIS AGREEMENT APPLY RETROACTIVELY (1 MAY 1972)
TO THE JOINT USE OF BUILDING 4001 OF FUNKERKASERNE ESSLINGEN WHICH WAS
EFFECTED PRIOR TO THE CONCLUSION OF THIS AGREEMENT. THIS INCLUDES
REIMBURSEMENT TO THE US FORCES BY THE LAND FOR INTERIM RENT AND SERVICE
CHARGES OR ANY COSTS THE US SUSTAINED IN THE PERFORMANCE OF THIS
SUPPORT.
FOR THE LAND BADEN-WUERTTEMBERG
VORIROTEN DARCH DIO
LANDESPOLIREIDIREKTION
STUTTGART I
FOR THE US FORCES IN EUROPE
V. G. EVANS
COL, GS
C, PLANS & OPS DIV
DATUM 2 MAY 1974
ON THE INSPECTION OF THE SECOND AND THIRD FLOOR AND THE ATTIC OF
BLDG. 4001 OF FUNKERKASERNE IN ESSLINGEN/NECKAR ON 24 APR 72, FROM 14:00
TO 16:00 HRS.
THE FUNKERKASERNE IS IN THE POSSESSION OF THE US FORCES. THE
INSPECTION OF THE ROOMS OF SUBJECT BUILDING WAS PERFORMED UPON REQUEST
OF THE REAL ESTATE OFFICE, STUTTGART. THE PURPOSE IS TO ESTABLISH THE
CONDITION OF THE ROOMS SINCE A UNIT OF THE FEDERAL BORDER POLICE IS TO
BE BILLETED TEMPORARILY IN THESE ROOMS. ACCORDING TO INFORMATION FROM
THE REAL ESTATE OFFICE, THE ROOMS ARE TO BE MADE AVAILABLE WITHOUT A
CONTRACTUAL SETTLEMENT.
THE INSPECTION TEAM CONSISTED OF:
MR. KUEGLER)
MR. HAASLER) REAL ESTATE FIELD UNIT STUTTGART-ZUFFENHAUSEN
COL KIESEL 6930 CLG (LM DS OGEN) (TELEFON 819 8350)
MR. FINDLING)
MR. RODEN) FEDERAL ASSETS OFFICE STUTTGART
THE INSPECTED ROOMS ARE EMPTY EXCEPT FOR ROOMS 92, 93, 107, AND 108,
WHICH ARE OCCUPIED BY THE ORGANIZATION OF THE GERMAN WAR GRAVES
COMMISSION, LOCAL BRANCH ESSLINGEN.
STRUCTURALLY, THE ROOMS ARE IN GOOD CONDITION. HOWEVER, THE PAINT ON
CEILINGS, WALLS, AND WINDOWS IS WORN AWAY. THE PARQUET FLOORS
CORRESPOND WITH THE AGE OF THE BUILDING (CONSTRUCTION YEAR 1936/37).
ALL RADIATOR VALVES ARE DEFECTIVE AND ARE TO BE REPAIRED. ALL ROOMS
ARE, SINCE THEY HAVE NOT BEEN USED FOR QUITE SOME TIME, EXTREMELY DUSTY.
SPECIFICALLY, THE FOLLOWING DEFICIENCIES ARE NOTED:
SECOND FLOOR
ROOM 63: WALL NEXT TO ROOM 61-A IS SHOWING CRACKS. (AFTER
COMPLETION OF THE BUILDING, THIS WALL WAS ERECTED USING LIGHTWEIGHT
CONSTRUCTION).
ROOM 64: THE WALLS ARE SHOWING NUMEROUS DRILL HOLES. TWO
WINDOW-PANES ARE BROKEN.
ROOM 65: LAVATORY; TWO SINKS ARE BROKEN; ALL FIXTURES HAVE TO BE
CHECKED.
ROOM 66: LAVATORY; ONE MIRROR IS MISSING; FIXTURES ARE TO BE
CHECKED.
HALLWAY: TELEPHONE EXTENSION DISTRIBUTOR IS MISSING.
THIRD FLOOR
ROOM 85: NO LIGHT FIXTURES ARE AVAILABLE; PARQUET FLOOR SHOWS
CONSIDERABLE DAMAGE; ONE WINDOW-PANE AND ONE GLASS-PANE IN THE DOOR ARE
BROKEN.
ROOM 86: MINOR DAMAGE TO PARQUET FLOOR.
ROOM 87: MINOR DAMAGE TO PARQUET FLOOR.
ROOM 88: CEILING PLASTER IS DAMAGED, ONE WINDOW-PANE IS BROKEN,
WINDOW HANDLE IS MISSING.
ROOM 91: ONE LAMP GLOBE IS MISSING.
ROOM 95: TWO LAMP GLOBES ARE MISSING.
ROOM 96: ONE LAMP GLOBE IS MISSING.
ROOM 98: MINOR DAMAGE TO PARQUET FLOOR; ONE LAMP GLOBE IS MISSING.
ROOM 99: MINOR DAMAGE TO PARQUET FLOOR; ONE LAMP GLOBE IS MISSING.
ROOM 80: TOILET; ONE WATER-JET PIPE IS LEAKING, ALL FIXTURES ARE TO
BE CHECKED AND REPAIRED; ONE WINDOW-FRAME (OUTSIDE) IS MISSING.
ROOM 81: WALL NEXT TO THE LAVATORY (ROOM 82) IS DAMP. DAMAGE IS
CAUSED BY A LEAKY WATER PIPE; ONE LAMP GLOBE IS MISSING.
ROOM 83/84: SHOWER ROOM; FOUR SHOWER VALVES ARE MISSING, ALL
FIXTURES HAVE TO CHECKED AND REPAIRED.
ROOM 82: LAVATORY; UNCOVERED WATER PIPE IS RUSTY FOR A LENGTH OF
APPROX. 1 (WORD ILLEGIBLE) AND HAS TO BE REPLACED.
ROOM 100: HEAVY WALL HOOKS HAVE CAUSED DAMAGE TO PLASTER.
ROOM 101: TWO LAMP GLOBES ARE MISSING.
ROOM 102: ONE LAMP GLOBE IS MISSING.
ROOM 103: ONE LAMP GLOBE IS MISSING.
ROOM 104: ONE LAMP GLOBE IS MISSING.
ATTIC
ROOM 116: TWO WINDOW-PANES ARE BROKEN; SIX LAMP GLOBES ARE MISSING,
TWO NEON TUBES ARE MISSING; ONE RADIATOR IS LEAKING.
ROOM 111: ONE LAMP GLOBE IS MISSING.
ROOM 110: ONE DOOR IS MISSING.
ROOM 109: TWO LAMP GLOBES ARE MISSING.
ROOM 114 AND 115: COULD NOT BE OPENED, THEREFORE, ROOMS COULD NOT BE
INSPECTED.
HALLWAY: HOSE AND STEEL PIPE OF THE WALL FIRE EXTINGUISHER ARE
MISSING.
FLOOR PLAN OF BLDG. 4001, REAL ESTATE OFFICE, IS PART OF THE
MEMORANDUM FOR RECORD.
STUTTGART, 25 APRIL 72
(SIGNATURES)
(KARL KIESEL)
RESPONSIBLE OFFICER
ANNEX A (MAP OMITTED) (MAP OMITTED)
OBERLINENZDIREKTION STUTTGART
TO: LANDESPOLIZEIDIREHTION NORDINERTTENBERG 7 STUTTGART 1, POSTFACH
97
FILE NO: Z 1757 B - 351/72 - Z 31
SUBJECT: ACCOMMODATION OF COMPANY OF THE FEDERAL BORDER GUARD IN
FUNKERKASERNE, ESSLINGEN; HERE: SUPPLY OF US FORCES NATIONS
REFERENCE: YOUR LETTER NO. IV 4/87.20, DATED 7 JULY 1972
INCLOSURES: 1 COPY
WITH THE CONSENT OF THE FEDERAL MINISTER OF ECONOMICS AND FINANCE, I
PERMIT THAT THE COMPANY (HUNDERTSCHAFT) OF THE FEDERAL BORDER GUARD
WHICH HAD BEEN ACCOMMODATED AT FUNKERKESERNE, ESSLINGEN, AFTER THE
OLYMPIC GAMES PARTICIPATES IN THE TROOP MESSING OF THE US FORCES SUPPLY
BATTALION 6930 STATIONED AT FUNKERKESERNE DURING THEIR EMPLOYMENT ON THE
STUTTGART-HEHTERDINGEN AIRPORT. THE PERMISSION INCLUDES ONLY THE
DELIVERY OF PREPARED FOOD FOR IMMEDIATE CONSUMPTION.
A COPY OF THIS LETTER IS INCLOSED FOR INFORMATION OF THE US FORCES.
GERMANY, FEDERAL REPUBLIC OF 15 MAY 1974 FLITE DOCUMENT NO. 7950035
AGREEMENT EXECUTED 11 APRIL AND 15 MAY 1974.
AGREEMENT REGARDING UTILIZATION OF THE GOEPPINGEN, SCHWAEBISCH
GMUEND, SCHWAEBISCH HALL, HEIDELBERG, ULM, WERTHEIM AND HEILBRONN
AIRFIELDS BY THE POLICE HELICOPTER SQUADRON OF THE STATE OF
BADEN-WUERTTEMBERG.
THE US FORCES IN EUROPE, REPRESENTED BY THE DEPUTY CHIEF OF STAFF FOR
LOGISTICS (DSCLOG), HQ USAREUR AND SEVENTH ARMY, THE LATTER REPRESENTED
IN ADMINISTERING THE AGREEMENT BY THE COMMANDER, 2D SUPPORT COMMAND
(CORPS), APO 09160,
THE STATE OF BADEN-WUERTTEMBERG, REPRESENTED BY THE
BADEN-WUERTTEMBERG MINISTRY OF THE INTERIOR,
HEREBY ENTER INTO AND CONCLUDE THE FOLLOWING AGREEMENT REGARDING
UTILIZATION OF THE GOEPPINGEN, SCHWAEBISCH GMUEND, SCHWAEBISCH HALL,
HEIDELBERG, ULM, WERTHEIM AND HEILBRONN AIRFIELDS BY THE POLICE
HELICOPTER SQUADRON OF THE STATE OF BADEN-WUERTTEMBERG:
1. THE FORCES HEREBY GRANT THE STATE OF BADEN-WUERTTEMBERG THE RIGHT
TO LAND AT THE ABOVE MENTIONED AIRFIELDS FOR THE PURPOSE OF EMERGENCY
REFUELING OF THE BADEN-WUERTTEMBERG POLICE HELICOPTERS WITH JP 4 FUEL,
OIL AND LUBRICANTS.
2. LANDING AT THE AIRFIELDS SHALL BE PERMITTED UNDER THE CONDITIONS
LISTED BELOW:
A. BOTH PARTIES TO THIS AGREEMENT UNDERSTAND THAT PERMISSION TO LAND
IS GRANTED TO THE STATE OF BADEN-WUERTTEMBERG FOR THE PURPOSE OF
EMERGENCY REFUELING, INCLUDING OIL AND LUBRICANTS, OF ITS POLICE
HELICOPTERS, AND THAT NO FURTHER RIGHTS HAVE BEEN GRANTED TO THE STATE
OF BADEN-WUERTTEMBERG WITH RESPECT TO THE REAL ESTATE. THE PARTIES
FURTHER AGREE THAT THIS AGREEMENT MAY BE:
(1) SUSPENDED BY THE COMMANDER OF THE AIRFIELD OR HIGHER AUTHORITY IN
JUSTIFIED INDIVIDUAL CASES, OR
(2) REVOKED BY THE COMMANDER IN CHIEF, USAREUR, OR HIGHER AUTHORITY,
BY GIVING NOTICE OF SAID REVOCATION IN WRITING BY REGISTERED LETTER TO
THE PARTY'S ADDRESS AS PROVIDED ON THE SIGNATURE PAGE OF THIS AGREEMENT.
B. THE STATE OF BADEN-WUERTTEMBERG SHALL ONLY BE ENTITLED TO MAKE USE
OF THOSE AIRFIELD INSTALLATIONS WHICH ARE NECESSARY FOR LANDING,
TAKE-OFF, PARKING AND REFUELING. (THE PROVISIONS OF NO. 5 SHALL NOT BE
AFFECTED BY THIS STIPULATION). THE STATE OF BADEN-WUERTTEMBERG HEREBY
ASSUMES THE RESPONSIBILITY FOR MISUSE OF THE AIRFIELDS AND
INSTALLATIONS. THE PERMISSION FOR JOINT USE SHALL NOT OBLIGATE THE US
FORCES TO ALTER THE PRESENT OR FUTURE USE OF THE AIRFIELDS AND THEIR
FACILITIES AND INSTALLATIONS IN ORDER TO COMPLY WITH THE FLIGHT
REGULATIONS OF CIVIL AUTHORITIES.
C. THE STATE OF BADEN-WUERTTEMBERG HEREBY ASSUMES THE RESPONSIBILITY
FOR OBTAINING APPROVAL, IF REQUIRED, FROM THE APPROPRIATE GERMAN FEDERAL
AUTHORITIES FOR THE USE OF THE US FORCES, AND FOR COMPLIANCE WITH THE
AIR TRAFFIC AND SAFETY REGULATIONS ISSUED BY THE US FORCES AND THE
APPROPRIATE CIVIL AUTHORITIES BY THE CREWS OF THE POLICE HELICOPTERS IN
BADEN-WUERTTEMBERG.
CIVIL AUTHORITIES OF THE FEDERAL REPUBLIC OF GERMANY ARE THE
APPROPRIATE AUTHORITIES FOR AIR TRAFFIC ON THE FEDERAL AND STATE LEVELS.
D. THE STATE OF BADEN-WUERTTEMBERG HEREBY ASSUMES THE RESPONSIBILITY
FOR OBTAINING AUTHORIZATION, IF REQUIRED, FROM THE GERMAN FEDERAL
CUSTOMS AUTHORITIES FOR REFUELING WITH DUTY-FREE US FORCES FUEL AND
LUBRICANTS.
E. FLIGHT PERSONNEL AND GUESTS OF THE STATE OF BADEN-WUERTTEMBERG
SHALL BE REQUIRED TO SHOW THEIR IDENTIFICATION AT THE REQUEST OF THE US
FORCES.
F. THE STATE OF BADEN-WUERTTEMBERG HEREBY AGREES TO RELEASE THE US
FORCES OF THEIR LEGAL LIABILITY AND, WITHIN THE SCOPE OF SAID LEGAL
LIABILITY, TO ASSUME RESPONSIBILITY FOR ANY AND ALL BODILY INJURIES (OR
DEATH RESULTING THEREFROM, INCLUDING INDIVIDUALISM) TO PERSONS, FOR ANY
DAMAGE OR DESTRUCTION OF PROPERTY OF ANY TYPE (CIVIL, PUBLIC, OR
BELONGING TO THE US FORCES, INCLUDING LOSS THEREOF), ARISING FROM,
CAUSED BY OR RESULTING FROM THE PARTICIPATION, OPERATION, USE,
MAINTENANCE OR PRESENCE IN OR AT THE AIRFIELD OF ANY HELICOPTER,
EQUIPMENT OR MATERIALS BELONGING TO OR USED BY THE STATE OF
BADEN-WUERTTEMBERG OR ITS AGENTS.
G. THE US FORCES SHALL NOT ACCEPT ANY RESPONSIBILITY FOR THE QUALITY
OR CONDITION OF THE FUEL, OIL OR LUBRICANTS SOLD.
H. THE COMMANDER OF THE HELICOPTER SHALL MAKE A DETAILED REQUEST FOR
THE FUEL, OIL AND LUBRICANTS NEEDED, AND SHALL PERSONALLY SUPERVISE THE
REFUELING SERVICES RENDERED.
I. THE US FORCES SHALL NOT PROVIDE ANY NORMAL OR EMERGENCY SERVICE TO
THE HELICOPTERS OF THE STATE OF BADEN-WUERTTEMBERG.
3. PAYMENT FOR THE SUPPLIES FURNISHED SHALL BE MADE AS FOLLOWS:
A. THE US UNIT FURNISHING THE SUPPLIES SHALL PREPARE US ARMY ISSUE
DOCUMENTS IN NINE COPIES (DD FORM 1627 - INTERSERVICE/COMMERCIAL AVFUELS
SALES SLIP); THIS ISSUE DOCUMENT SHALL BE SIGNED BY THE ISSUING OFFICE
AND THE RECIPIENT OF THE SUPPLIES. THE DOCUMENTS SHALL BE CONSPICUOUSLY
MARKED "REIMBURSEMENT REQUIRED." THE NAME OF THE RECIPIENT SHALL BE
PRINTED IN CAPITAL LETTERS THEREON, SUPPORTED BY THE FOLLOWING MINIMUM
INFORMATION:
(1) RANK
(2) NATIONALITY
(3) HELICOPTER TYPE AND NUMBER
(4) UNIT NAME AND ADDRESS
THE RECIPIENT SHALL RECEIVE ONE COPY, ANOTHER SHALL BE FORWARDED TO
THE RECIPIENT'S UNIT. ONE COPY SHALL BE RETAINED BY THE ISSUING UNIT.
B. THE ORIGINAL AND FIVE COPIES OF THE PRICED ISSUE DOCUMENT FOR POL
FURNISHED AT GOEPPINGEN AND ULM AIRFIELDS WILL BE FORWARDED TO THE
COMMANDER, 106TH FINANCE SECTION, APO 09154. FOR POL FURNISHED AT
SCHWAEBISCH GMUEND, SCHWAEBISCH HALL, HEIDELBERG, WERTHEIM, AND
HEILBRONN, THE PRICED ISSUE DOCUMENTS WILL BE FORWARDED TO THE
COMMANDER, US CENTRAL FINANCE AND ACCOUNTING OFFICE, EUROPE, APO 09403.
THE PRICES TO BE CHARGED WILL BE THE FAIR MARKET PRICE OR THE STANDARD
PRICE PLUS A 2-PER CENT ADMINISTRATIVE CHARGE, WHICHEVER IS HIGHER. IN
CASES WHERE SIMILAR SUPPLIES HAVE NO LOCALLY PREVAILING FAIR MARKET
PRICE, E.G. JP 4 IS NOT AVAILABLE LOCALLY, THE PRICE CHARGED WILL BE THE
STANDARD PRICE PLUS 10 PER CENT.
C. THE BILLING FINANCE OFFICE WILL PREPARE ONE ORIGINAL AND FIVE
COPIES OF AE FORM 3209 (STANDARD NATO INVOICE CLAIM). THE ORIGINAL AND
THREE COPIES OF AE FORM 3209 AND THE ORIGINAL AND THREE COPIES OF THE
ISSUE DOCUMENT WILL BE FORWARDED FOR PAYMENT TO THE
BUNDESWEHRVERWALTUNGSAMT, 5300 BONN, BONNER TALWEG 177. PAYMENT WILL BE
REQUESTED IN US DOLLARS OR DOLLAR INSTRUMENTS, PAYABLE TO THE TREASURER
OF THE UNITED STATES.
4. LANDING AND TAKE-OFF FEES SHALL NOT BE CHARGED, UNLESS THE US
FORCES ARE ALSO REQUIRED TO PAY SUCH FEES.
5. WEATHER INFORMATION SHALL BE PROVIDED WITHIN THE CAPABILITIES OF
THE US FORCES.
6. THIS AGREEMENT SHALL BECOME INTO FORCE UPON BEING SIGNED BY BOTH
PARTIES. IT SHALL REMAIN IN EFFECT FOR A PERIOD OF 5 YEARS AND SHALL
AUTOMATICALLY BE EXTENDED FROM YEAR TO YEAR IF NOT SUSPENDED OR REVOKED
IN ACCORDANCE WITH NO. 2A. ALTERATIONS TO THIS AGREEMENT MUST BE MADE
IN WRITING.
7. THIS AGREEMENT HAS BEEN EXECUTED IN ENGLISH AND GERMAN. IN THE
EVENT OF DEVIATIONS THE ENGLISH TEXT SHALL GOVERN.
IN WITNESS WHEREOF, THE US FORCES IN EUROPE, REPRESENTED BY THE
DEPUTY CHIEF OF STAFF FOR LOGISTICS (DCSLOG), HQ USAREUR AND SEVENTH
ARMY, HAVE EXECUTED THIS AGREEMENT ON APR 11 1974.
IN WITNESS WHEREOF THE STATE OF BADEN-WUERTTEMBERG, REPRESENTED BY
THE BADEN-WUERTTEMBERG MINISTRY OF THE INTERIOR, 7 STUTTGART 1,
DOROTHEENSTR. 6, HAS EXECUTED THIS AGREEMENT ON 15 MAI 1974
GERMANY, FEDERAL REPUBLIC OF 29 AUG 1974 FLITE DOCUMENT NO. 7950034
AGREEMENT EXECUTED 1 AUGUST, 16 AUGUST, AND 29 AUGUST 1974.
AGREEMENT REGARDING THE LABOR SERVICE CAMP USARFUR WHICH IS UNDER US
CONTROL AND MADE AVAILABLE TO THE BUNDESWEHR. SUPERSEDES AGREEMENT OF
23 MARCH 1965.
THE US FORCES IN EUROPE, REPRESENTED BY THE DEPUTY CHIEF OF STAFF FOR
LOGISTICS (DCSLOG), HQ USARFUR AND SEVENTH ARMY, HEREAFTER CALLED "US
FORCES"
THE FEDERAL REPUBLIC OF GERMANY, REPRESENTED BY THE FEDERAL MINISTER OF
DEFENSE, BE REPRESENTED BY MILITARY DISTRICT ADMINISTRATION IV,
WIESBADEN, THE LETTER REPRESENTED BY THE POST ADMINISTRATION DARMSTEDT,
HEREAFTER CALLED "BUNDESWEHR"
THE FEDERAL REPUBLIC OF GERMANY, REPRESENTED BY THE FEDERAL FINANCE
ADMINISTRATION, THE LATTER REPRESENTED BY THE FEDERAL ASSETS OFFICE
FRANKFURT.
THE OBJECTIVE OF THIS AGREEMENT IS TO UPDATE THE AGREEMENT CONCLUDED
BETWEEN THE US ARMY AND THE BUNDESWEHR ON 23 MARCH 1965 REGARDING THE
LABOR SERVICE CAMP BANSHEIM-AUERBACH WHICH IS UNDER US CONTROL AND MADE
AVAILABLE TO THE BUNDESWEHR. FURTHERMORE, THIS AGREEMENT DEFINES AND
AGREES TO REIMBURSEMENT OF COSTS THEREFOR.
THE US FORCES AGREE, WITHIN THE EXISTING CAPABILITIES, TO MAKE
AVAILABLE TO THE BUNDESWEHR:
A. THE LABOR SERVICE CAMP BANSHEIM-AUERBACH INCLUDING BUILDINGS, AS
DESCRIBED ON THE ATTACHED MAP (ANNEX "B") AND
B. THE EXISTING INSTALLED FIXTURES.
THE BUNDESWEHR AGREES TO:
A. PROTECT THE INSTALLATION AGAINST FIRE;
B. REFRAIN FROM ALTERATION OR DEMOLITION OF THE ABOVE INSTALLATION
WITHOUT PRIOR APPROVAL BY THE US FORCES;
C. PERFORM BUILDING MAINTENANCE AND TO BEAR ALL ADMINISTRATIVE AND
MANAGEMENT COSTS ARISING FROM THE UTILIZATION OF THE INSTALLATION;
D. ASSUME RESPONSIBILITIES FOR ANY CLAIMS BY THIRD PARTIES AGAINST
THE US FORCES ARISING FROM THE USE OF THE INSTALLATION BY THE
BUNDESWEHR;
E. PARTICIPATE IN THE ESTABLISHMENT OF AN INVENTORY AND CONDITION
REPORT (ICR) TO BE PREPARED UPON VACATION OF THE INSTALLATION AND ASSUME
RESPONSIBILITY FOR ANY DAMAGE CAUSED DURING THE OCCUPANCY OF THE
FACILITIES. DETERMINATION OF DAMAGES OCCURRED WILL BE EFFECTED BY
COMPARING THE ICR TO BE PREPARED UPON VACATION OF THE INSTALLATION WITH
THE ICR ESTABLISHED ON 8 FEBRUARY 1965. THIS ICR IS STILL VALID AND IS
MADE PART OF THIS AGREEMENT AS ANNEX "A";
F. TAKE OVER ALL PERSONNEL, NLT 1 SEPTEMBER 1974, PREVIOUSLY EMPLOYED
BY THE US FORCES AND EFFECT PAYMENT OF THEIR WAGES;
G. REIMBURSE THE US FORCES FOR ANY COSTS WHICH MAY ARISE FROM THE USE
OF THE ABOVE FACILITIES BY THE BUNDESWEHR. BILLS WILL BE SUBMITTED BY
THE US TO THE POST ADMINISTRATION (WORD ILLEGIBLE) ON A MONTHLY BASIS AS
APPROPRIATE. PAYMENT WILL BE EFFECTED IN DOLLARS OR DOLLAR INSTRUMENTS.
IT IS FURTHER AGREED THAT
A. THIS AGREEMENT BECOMES EFFECTIVE UPON SIGNATURE BY ALL PARTIES
THERETO. IT REMAINS VALID FOR AN UNLIMITED PERIOD OF TIME. IT CAN BE
TERMINATED BY ANY OF THE PARTIES BY INFORMING THE OTHER AGREEMENT
PARTIES IN WRITING 180 DAYS IN ADVANCE TO THE END OF A CALENDAR QUARTER
OF ITS INTENTION TO WITHDRAW FROM THE AGREEMENT. IN THE EVENT OF OWN
REQUIREMENTS OF THE US FORCES, THE BUNDESWEHR WILL BE INFORMED
ACCORDINGLY AND BE GRANTED A 90-DAY PERIOD TO MOVE OUT;
B. THIS AGREEMENT SUPERSEDES THE AGREEMENT CONCLUDED ON 23 MARCH
1965;
C. UPON TERMINATION OF THE AGREEMENT, THE BUNDESWEHR WILL VACATE THE
FACILITIES AND WILL HAVE EFFECTED REIMBURSEMENT AS SET FORTH IN ARTICLE
III G;
D. THIS AGREEMENT CAN BE AMENDED OR SUPPLEMENTED UNDER MUTUAL CONSENT
OF THE PARTIES THERETO. IN ORDER TO BECOME EFFECTIVE, AMENDMENTS AND/OR
SUPPLEMENTS MUST BE MADE IN WRITING AND HAVE TO BE SIGNED BY THE
AGREEMENT PARTIES;
E. THIS AGREEMENT IS MADE IN GERMAN AND ENGLISH. BOTH VERSIONS ARE
EQUALLY VALID.
FOR THE US FORCES IN EUROPE
HEIDELBERG, 28 AUGUST 1974
V. G. EVANS, COL, CS
CHIEF, PLANS & OPERATIONS DIVISION
ODOSLOG
FOR THE FEDERAL REPUBLIC OF GERMANY
POST ADMINISTRATION (WORD ILLEGIBLE)
DATED 16 AUG. 1974
FOR THE FEDERAL REPUBLIC OF GERMANY
FEDERAL ASSETS OFFICE FRANKFURT
FRANKFURT 1 AUG. 1974
IN (WORD ILLEGIBLE)
REGIERUNGSRAT
GERMANY, FEDERAL REPUBLIC OF 7 OCT 1974 FLITE DOCUMENT NO. 7950033
SPECIAL ARRANGEMENT EXECUTED 7 OCTOBER 1974.
SPECIAL ARRANGEMENT TO ESTABLISH PROCEDURES FOR MUTUAL LOGISTIC
ASSISTANCE BETWEEN 32D US AADCOM AND GAFSSC FOR NIKE AND HAWK SAM UNITS
IN THE 4ATAF AREA.
GERMAN AIR FORCE
SOUTHERN SUPPORT COMMAND
KARLSRUHE
SUBJECT: MUTUAL LOGISTIC ASSISTANCE FOR NATO SURFACE-TO-AIR MISSILE
SYSTEMS IN THE 4ATAF AREA
1. PURPOSE
THE PURPOSE OF THIS ARRANGEMENT IS TO ESTABLISH PROCEDURES FOR MUTUAL
LOGISTIC ASSISTANCE BETWEEN 32D US AADCOM AND GAFSSC FOR NIKE AND HAWK
SAM UNITS IN THE 4ATAF AREA.
2. REFERENCES
STANAG 2135 - PROCEDURES FOR REQUESTING AND PROVIDING LOGISTIC
ASSISTANCE.
3. SCORE.
A. GENERAL
(1) THE COMMANDERS, 32D US AADCOM AND GAFSSC, AGREE TO IMPROVE,
THROUGH THE PROVISION OF MUTUAL LOGISTIC ASSISTANCE, THE OPERATIONAL
READINESS OF NIKE AND HAWK SAM UNITS IN THE 4ATAF AREA WHENEVER SUCH
ASSISTANCE BECOMES NECESSARY AND APPROPRIATE MEANS ARE AVAILABLE.
(2) MUTUAL LOGISTIC ASSISTANCE WILL INCLUDE:
- LOAN OF WEAPON SYSTEM SUPPLY ITEMS TO RAPIDLY OVERCOME MAJOR
EQUIPMENT/ASSEMBLY (WORD ILLEGIBLE) IN THOSE INSTANCES WHEN THE NEEDED
ITEM CANNOT BE PROCURED FROM OWN STOCKS VIA PRIORITY REQUISITIES WITHIN
THE PRESCRIBED TIME LIMITS, AND
EXCHANGE OF INFORMATION AND EXPERIENCE THROUGH MUTUAL VISITS BY
TECHNICAL PERSONNEL AND THROUGH THE EXCHANGE OF DOCUMENTATIONS.
(3) EXCHANGE OF FUNDS WILL NOT BE CONSIDERED.
(4) THE COMMANDS CONCERNED WILL DESIGNATE APPROPRIATE AGENCIES TO
ACCOMPLISH MUTUAL LOGISTIC ASSISTANCE.
B. IMPLEMENTATION
LOAN OF SUPPLY ITEMS WILL BE GOVERNED BY THE FOLLOWING SPECIFIC
RULES:
(1) SPARE PARTS OF NEGLIGIBLE VALUE (BENCH STOCKS), IN PRINCIPLE, ARE
NONRETURNABLE; HOWEVER, THEY MAY BE RECLAIMED IF REQUIRED BY THE
LOANER.
(2) ALL OTHER SPARE- AND REPLACEMENT PARTS ARE RETURNABLE IN KIND.
WITH RESPECT TO SERIALLY NUMBERED DIRECT EXCHANGE PARTS, THE PART WITH
THE SAME SERIAL NUMBER WILL BE RETURNED.
(3) SUPPLY ITEMS LOANED FOR A PERIOD EXCEEDING 90 DAYS WILL BE
RETURNED UPON DEMAND.
(4) TRANSPORTATION FOR THE PICK-UP AND RETURN OF SUPPLY ITEMS IS THE
RESPONSIBILITY OF THE REQUESTING AGENCY.
(5) LOAN PROCEDURES WILL BE BASED ON THE PROVISIONS OF STANAG 213.
AN APPROPRIATE FORM (VOUCHER), AUTHENTIC FOR BOTH CONTRACTING PARTIES,
WILL BE USED.
4. FINAL PROVISIONS
THIS ARRANGEMENT WILL BECOME EFFECTIVE UPON SIGNATURE BY THE
COMMANDER OF BOTH CONTRACTING PARTIES. IT MAY BE CHANGED SUBJECT TO
MUTUAL CONSULTING AND TERMINATED WITH (WORD ILLEGIBLE) MONTHS NOTICE.
A PERIODIC REVIEW SHOULD BE ARRANGED FOR AT LEAST ONCE EACH YEAR
BETWEEN THE CONTRACTING PARTIES AND AGENCIES DIRECTLY CONCERNED.
DONE AT KARLSRUHE ON 7 OCTOBER 1974 IN THE GERMAN AND ENGLISH
LANGUAGES. BOTH TEXTS BEING EQUALLY AUTHENTIC.
SIGNED:
(FITZPATRICK)
MAJOR GENERAL
CG
GERMANY, FEDERAL REPUBLIC OF 16 JUN 1975 FLITE DOCUMENT NO. 7950032
LETTERS OF AGREEMENT EXECUTED 17 APRIL AND 16 JUNE 1975.
LETTERS OF AGREEMENT CONCERNING THE TRANSFER OF CONSUMABLES TO GERMAN
GOLFERS IN US FORCES CLUB FACILITIES, AS A RESULT OF "JOINT USE
AGREEMENTS".
AEAPM-C-CO
HERRN
MINISTERIALRAT DONHAUSER
BUNDESMINISTERIUM DER FINANZEN
5320 BAD GODESBERG
MARTIN-LUTHER-KING-STRASSE
DEAR MR. DONHAUSER,
REFERENCE IS MADE TO YOUR LETTER OF 17 APRIL 1975, FILE NUMBER III B
2 - Z 1757 - 4/75, CONCERNING THE TRANSFER OF CONSUMABLES TO GERMAN
GOLFERS IN US FORCES CLUB FACILITIES, AS A RESULT OF "JOINT USE
AGREEMENTS".
YOUR LETTER HAS BEEN COORDINATED WITH INTERESTED OFFICES OF HQ,
USAREUR AND SEVENTH ARMY. AS A RESULT, I CAN ASSURE YOU THAT "JOINT USE
AGREEMENTS", INCLUDING THE ONE IN STUTTGART, WILL NOT PROVIDE FOR SALES
OF TAX-FREE AND DUTY-FREE CONSUMABLES TO GERMAN CLUB MEMBERS, UNLESS
AGREEMENT CAN BE REACHED BY THE GERMAN CLUB CONCERNED, WITH THE
COMPETENT LOCAL GERMAN CUSTOMS AUTHORITIES, ON PAYMENT OF APPLICABLE
GERMAN CUSTOMS DUTIES.
IN THIS CONNECTION, I WANT TO ADD THAT THE ABOVE POLICY HAS ALWAYS
BEEN THE US FORCES POSITION IN THIS MATTER. SALE OF TAX FREE
CONSUMABLES TO GERMAN CLUB MEMBERS HAS ALWAYS BEEN REFUSED UNLESS
APPROVAL WAS EITHER OBTAINED FROM YOUR MINISTRY (AS, FOR INSTANCE, IN
THE CASE OF GARMISCH AND BERCHTESGADEN), OR PROOF COULD BE FURNISHED BY
THE GERMAN CLUB CONCERNED THAT APPLICABLE DUTIES WOULD BE PAID BY THE
GERMAN CLUB IN QUESTION.
I TRUST THAT THE ABOVE INFORMATION WILL ASSIST YOUR MINISTRY IN THIS
MATTER.
TELEPHONE: MANNHEIM
(0621- 734511
CY FURN:
CINCUSAREUR LN OFF, AMEMB
FEDERAL MINISTRY OF FINANCE
III B 2 - Z 1757 - 4/75
(PLEASE STATE FILE REFERENCE IN YOUR REPLY)
TO
DEPARTMENT OF THE ARMY
HEADQUARTERS, 42D MP CROUP (CUSTOMS)
ATTN: COL ROBERT W. HOOKER
68 MANNHEIM
APO 09086
SUBJECT: TRANSFER OF CONSUMABLES TO GERMAN GOLFERS IN US FORCES CLUB
FACILITIES
REFERENCES: MY LETTERS OF 2 FEB 71, III B2 - Z 1757 - 26/70 AND OF
25 JAN 72, F/III B 2 - Z 1757 - 11/71
DEAR COLONEL HOOKER,
THE MAIN FINANCE DIRECTORATE STUTTGART HAS INFORMED THIS MINISTRY
THAT THE GERMAN "GOLF- UND LAND-CLUB NECHARTAL E.V." IN STUTTGART WANTS
TO CONCLUDE AN AGREEMENT WITH THE "STUTTGART GOLF AND SKI CLUB, ECN
1682", WHEREBY THE MEMBERS AND GUESTS OF THE GERMAN CLUB ARE TO BE
ALLOWED TO USE THE GOLF CLUB FACILITIES OF THE US FORCES AT
KORNWESTHEIM-PATTONVILLE. UNDER THE PROVISIONS OF THAT AGREEMENT IT IS
ALSO DESIRED THAT FOOD AND DRINKS BE TRANSFERRED, FOR IMMEDIATE
CONSUMPTION, TO THE MEMBERS AND GUESTS OF THE GERMAN CLUB, WITHIN THE
CLUB FACILITIES OF THE US FORCES.
IN THE TWO ABOVE REFERENCED LETTERS THIS MINISTRY HAD RAISED NO
OBJECTIONS TO THE TRANSFER OF FOOD AND DRINKS, BY THE US FORCES, TO THE
GERMAN MEMBERS OF THE GOLF CLUBS IN GERMISCH-PARTENKIRCHEN AND
BERCHTESGADEN, FOR IMMEDIATE CONSUMPTION ON THE PREMISES. AT THAT TIME
OUR RULING WAS BASED ON THE ASSUMPTION THAT THE LONG STANDING PRACTISE
IN CARMISCH AND BERCHTESGADEN MAY BE CONSIDERED AS AN EXCEPTIONAL CASE
IN CONSIDERATION OF THE US FORCES FACILITIES IN THOSE TWO CITIES AND
THAT NO FURTHER CONSEQUENCES WOULD RESULT THEREFROM.
THIS MINISTRY IS NOT IN A POSITION TO GRANT GENERAL EXCEPTION WHEREBY
MEMBERS OF GERMAN CLUBS WHO ARE ALLOWED TO USE US FORCES FACILITIES, MAY
ALSO PURCHASE ITEMS FOR IMMEDIATE CONSUMPTION IN US FORCES FACILITIES,
WITHOUT PAYMENT OF GERMAN DUTIES. IN CASE OF REFERENCES TO THE PRACTISE
IN GARMISCH AND BERCHTESGADEN WE WOULD BE COMPELLED TO REVOKE THE
ARRANGEMENT GRANTED PREVIOUSLY IN THE CASE OF THOSE TWO CITIES.
IT WOULD BE APPRECIATED IF YOU COULD ATTEMPT TO ARRANGE THAT ALL
AGREEMENTS, SUCH AS THE ONE MENTIONED ABOVE, WILL EXCLUDE THE
CONSUMPTION OF FOOD AND DRINKS BY NON-MEMBERS OF THE FORCES WITHIN THE
CLUB FACILITIES OF THE US FORCES. I WOULD APPRECIATE IT IF YOU WOULD
FURNISH ME YOUR OPINION IN THIS MATTER AT YOUR EARLIEST CONVENIENCE -
BEFORE A FINAL DECISION IS RENDERED BY THIS MINISTRY IN THE CASE ON
HAND.
THIS IS A TRUE TRANSLATION:
G. RADEWSKI
HQ, 42D MP CN (CUSTOMS)
APO 09086
FRANCE 13 JUN 1966 FLITE DOCUMENT NO. 7950031
MEMORANDUM OF UNDERSTANDING EXECUTED 13 JUNE 1966.
MEMORANDUM OF UNDERSTANDING REGARDING PETROLEUM SUPPLY SUPPORT FOR
FRENCH FORCES IN GERMANY.
1. REFERENCE CONFERENCE CONCERNING PETROLEUM SUPPLY SUPPORT HELD IN
MUNICH, GERMANY, 4 FEBRUARY 1966, BETWEEN REPRESENTATIVES OF THE UNITED
STATES ARMY AND THE FRENCH FORCES IN GERMANY. KEY REPRESENTATIVES
PRESENT WERE AS FOLLOWS:
LT COLONEL CLISE, HEADQUARTERS, USAREUR
MAJOR BENARD, HEADQUARTERS, FRENCH FORCES IN GERMANY
CAPTAIN FRYE, HEADQUARTERS, SEVENTH ARMY
LET COLONEL BLYTH, HEADQUARTERS, SEVENTH ARMY SUPPORT COMMAND
MR. LEVY, HEADQUARTERS, USAACOM
2. OBJECTIVE. THE OBJECTIVE OF THIS MEMORANDUM IS:
A. TO DEFINE THE CLASS III SERVICES AND FACILITIES TO BE PROVIDED BY
THE US ARMY, SPECIFICALLY THE 242ND SUPPLY AND SERVICE BATTALION, TO THE
FRENCH FORCES IN THE MUNICH/DACHAU AREA.
B. TO ESTABLISH THE PROCEDURES AND METHODS OF OPERATION BY WHICH
FRENCH FORCES WILL BE PERMITTED TO POSITION AND DISPENSE MOGAS FROM ONE
RAILWAY TANKCAR IN THE SEVENTH ARMY CLASS III SUPPLY POINT, MUNICH
FREIHAM.
3. DEFINITIONS. FOR THE PURPOSE OF THIS MEMORANDUM, THE FOLLOWING
DEFINITIONS APPLY:
A. US ARMY: SEVENTH ARMY.
B. FRENCH FORCES: FRENCH FORCES IN GERMANY.
4. THE US ARMY AGREES TO:
A. PROVIDE A RAILROAD SIDING FOR THE POSITIONING OF ONE FRENCH
RAILWAY TANKCAR.
B. ASSUME NO RESPONSIBILITY FOR ANY SHORTAGES OF PRODUCT FROM SUBJECT
FRENCH TANKCAR.
C. PROHIBIT US FORCES PERSONNEL FROM TAMPERING WITH PROPERTY
BELONGING TO THE FRENCH FORCES.
D. PROVIDE NECESSARY RAIL SWITCHING SERVICE WITHIN THE CONFINES OF
THE SUPPLY POINT THROUGH THE USE OF A US ARMY OWNED LOCOMOTIVE.
E. NOTIFY BUNDESBAHN TRAFFIC DIVISION THROUGH THE LOCAL US ARMY
TRANSPORTATION REPRESENTATIVE WHEN THE TANKCAR IS EMPTY AND AVAILABLE
FOR RELEASE FROM THE TEXAS AREA, FREIHAM.
5. THE FRENCH FORCES AGREE TO:
A. ABIDE BY US ARMY REGULATIONS WITHIN THE TEXAS AREA, FREIHAM.
B. COMPLY WITH SAFETY, FIRE PREVENTION, AND SANITATION STANDARDS OF
THE US ARMY.
C. PERMIT THE US ARMY TO CONDUCT NECESSARY INSPECTIONS TO INSURE THAT
SAFETY, FIRE PREVENTION, AND SANITATION STANDARDS ARE MAINTAINED.
D. COMPLY WITH ALL US ARMY PROCEDURES TO ELIMINATE THE POSSIBILITY OF
GROUND CONTAMINATION.
E. ASSUME RESPONSIBILITY FOR ANY CLAIMS BY THIRD PARTIES ARISING FROM
THE USE OF PROPERTY BY THE FRENCH FORCES.
F. ASSUME RESPONSIBILITY FOR ANY DAMAGE TO US ARMY PROPERTY DURING
UTILIZATION OF FACILITIES WITHIN THE TEXAS AREA, FREIHAM.
G. NOTIFY THE US ARMY TRANSPORTATION REPRESENTATIVE LOCATED AT TEXAS
AREA, FREIHAM AT LEAST 48 HOURS IN ADVANCE OF ANY FRENCH RAILCARS
SCHEDULED TO ENTER THE CLASS III SUPPLY POINT AND OF ANY REQUIREMENTS
FOR TANKCAR SWITCHING OR DELIVERY TO THE BUNDESBAHN.
H. MAKE ISSUES FROM THEIR TANKCAR ONLY BETWEEN 0800 AND 1600 HOURS,
MONDAY THROUGH FRIDAY. IF EMERGENCY ISSUES TO FRENCH TANK TRUCKS ARE
REQUIRED AT TIMES OTHER THAN THE HOURS LISTED ABOVE, ACCESS TO THE
SUPPLY POINT MAY BE OBTAINED BY CONTACTING THE COMMANDING OFFICER, 657TH
QUARTERMASTER COMPANY. THE DETERMINATION OF EMERGENCY REQUIREMENTS WILL
REST WITH THE FRENCH FORCES.
I. PROVIDE ALL PUMPS, CONNECTIONS, AND OTHER REQUIRED EQUIPMENT TO
ACCOMPLISH THIS TRANSFER.
J. AS AN ADDITIONAL SECURITY MEASURE, TAKE NECESSARY STEPS TO SECURE
THE TANKCAR BY PADLOCKS OR SEALS TO PREVENT UNAUTHORIZED ENTRY.
K. HAVE A MAXIMUM OF ONE MOGAS TANKCAR WITHIN THE TEXAS AREA,
FREIHAM, CLASS III SUPPLY POINT AT ANY ONE TIME.
6. IT IS FURTHER AGREED AND UNDERSTOOD THAT:
A. THIS MEMORANDUM BECOMES EFFECTIVE UPON AGREEMENT BY BOTH PARTIES,
AND WILL TERMINATE ONE YEAR FROM THE DATE OF MUTUAL AGREEMENT. IT MAY
BE EXTENDED BY MUTUAL WRITTEN AGREEMENT.
B. THE US ARMY RESERVES THE RIGHT TO TERMINATE THIS AGREEMENT PRIOR
TO THE NORMAL TERMINATION DATE, AS OUTLINED ABOVE, UPON WRITTEN NOTICE
PROVIDED TO THE FRENCH FORCES AT LEAST 60 DAYS PRIOR TO THE DESIRED
TERMINATION DATE.
C. THE FRENCH FORCES WILL PROVIDE WRITTEN NOTICE TO THE US ARMY OF
ANY DESIRE ON THEIR PART TO TERMINATE THIS AGREEMENT PRIOR TO THE NORMAL
TERMINATION DATE, AT LEAST 60 DAYS PRIOR TO THE DESIRED TERMINATION
DATE.
D. THIS MEMORANDUM MAY BE AMENDED BY MUTUAL WRITTEN CONSENT.
IN WITNESS WHEREOF, THE US ARMY EXECUTED THIS MEMORANDUM OF
UNDERSTANDING ON THIS 13TH DAY OF JUNE 1966.
MULTILATERAL 21 JUL 1975 FLITE DOCUMENT NO. 7950030
AGREEMENT EXECUTED 1 JULY, 10 JULY, AND 21 JULY 1975.
AGREEMENT ON THE SUPPORT OF A JOINT AND COMBINED STUDY AND EVALUATION
PROGRAM TO BE CONDUCTED TO DETERMINE THE SUITABILITY OF UNATTENDED
GROUND SENSORS FOR THE PURPOSE OF RECONNAISSANCE, BATTLEFIELD
SURVEILLANCE AND TARGET ACQUISITION IN THE CENTRAL EUROPEAN REGION.
(PROJECT AVID GUARDIAN) SUPERSEDES USAREUR/UK MEMORANDUM OF
UNDERSTANDING FOR PROJECT AVID GUARDIAN.
AEAGD-PO-A
SEE DISTRIBUTION
1. REFERENCE IS MADE TO DF, CMT 1, DATED 17 SEP 74, FROM THIS
OFFICE, SUBJECT: PROJECT AVID GUARDIAN.
2. THE AGREEMENT, SUBJECT AS ABOVE, FORWARDED BY REFERENCE SF, WAS
SUPERSEDED BY A TRI-PARTITE AGREEMENT. THE USAREUR/UK MEMORANDUM OF
UNDERSTANDING IS THEREFORE TO BE CONSIDERED NULL AND VOID. A COPY OF
THE TRI-PARTITE AGREEMENT IS ATTACHED FOR INFORMATION AND FILE.
3. REQUEST ACKNOWLEDGMENT OF RECEIPT PERTAINING TO THE TERMINATION
NOTICE AND TO THE TRI-PARTITE AGREEMENT BY CMT 2 HEREON.
FOR THE DEPUTY CHIEF OF STAFF, LOGISTICS:
1 INCL
AS
DISTRIBUTION:
DCSPAR (AEAGA-TM)
DCEOPS
DCSENGR (AEARN-SM)
SURG (AEAMD-PO-O)
JA (AEAJA-TA)
DCSLOG, SVC DIV
THE COMMANDER IN CHIEF, UNITED STATES ARMY, EUROPE AND SEVENTH ARMY
(HEREINAFTER CALLED "USAREUR"), AS THE EXECUTIVE AGENT FOR USEUCOM AND
ACTING ON BEHALF OF THE DEPARTMENT OF DEFENSE (DOD)
THE FEDERAL MINISTER OF DEFENSE OF THE FEDERAL REPUBLIC OF GERMANY
(HEREINAFTER CALLED "FRG")
THE MINISTRY OF DEFENSE OF THE UNITED KINGDOM (HEREINAFTER CALLED "UK")
THE SUPPORT OF A JOINT AND COMBINED STUDY AND EVALUATION PROGRAM TO BE
CONDUCTED TO DETERMINE THE SUITABILITY OF UNATTENDED GROUND SENSORS
(HEREINAFTER CALLED "UGS") FOR THE PURPOSE OF RECONNAISSANCE,
BATTLEFIELD SURVEILLANCE AND TARGET ACQUISITION IN THE CENTRAL EUROPEAN
REGION (PROJECT AVID GUARDIAN).
THE OBJECTIVES OF THE JOINT AND COMBINED STUDIES/EVALUATION OF UGS
APPLICATIONS IN THE CENTRAL REGION ARE CONTAINED IN THE AVID GUARDIAN
PROGRAM PLAN. ANNEX A WITH APPENDICES TO THIS AGREEMENT CONTAINS
ESTIMATES OF THE RESOURCES REQUIRED TO CONDUCT THE JOINT AND COMBINED
PROGRAM OF STUDIES AND EVALUATIONS.
THE JOINT AND COMBINED, CO-EQUAL STUDIES/EVALUATIONS SHALL BE
CONDUCTED BY THE COMBINED SPECIAL EVALUATION GROUP (HEREINAFTER CALLED
THE "CSEG") UNDER THE AUSPICES OF A COMBINED STEERING COMMITTEE
(HEREINAFTER CALLED THE "CSC").
THE PERIOD OF JOINT AND COMBINED STUDIES/EVALUATIONS WILL RUN FROM 1
JANUARY 1975 UNTIL APPROVAL AND DISTRIBUTION OF THE FINAL REPORT, AND
WILL CONSIST OF THE FOLLOWING PHASES:
A. PHASE I (TACTICAL APPLICATIONS).
B. PHASE I/II (SYSTEM APPLICATIONS).
C. PHASE II (SYSTEM SYNTHESIS).
MEMBERS OF THE CSEG ARE ALLOWED TO TRAVEL AND PERFORM DUTIES IN THE
VEHICLES, AIRPLANES AND HELICOPTERS OF US, FRG AND UK WHICH ARE PROVIDED
IN SUPPORT OF THE CSEG. REPRESENTATIVES OF THE US, FRG AND UK WHO ARE
MEMBERS OF THE CSEG MAY BE SELECTED, TESTED AND LICENSED TO DRIVE,
OPERATE, MAINTAIN AND HOLD ON CHARGE VEHICLES OF ANY PARTICIPATING
PARTY. OPERATION OF US ARMY MOTOR VEHICLES MUST BE EFFECTED UNDER
PROCEDURES CONSISTENT WITH APPLICABLE PROVISIONS OF ARMY REGULATION.
THE FOLLOWING FINANCIAL AND LOGISTIC RESPONSIBILITIES APPLY TO THE
ENTIRE PROGRAM:
1. USAREUR FOR DOD
A. WILL PAY THE ADMINISTRATIVE COSTS (E.G., OFFICE EQUIPMENT,
TELEPHONE, OFFICE SPACE AND UTILITIES);
B. WILL PAY THE COST FOR 26 FLIGHT HOURS PER MONTH OF A UH-1H
HELICOPTER;
C. WILL CONTRIBUTE ALL NEEDED UGS HARDWARE AND ITS MAINTENANCE
EQUIPMENT;
D. WILL PROVIDE THE VEHICLES, EXCEPT FOR TWO 1.5 TON COMMUNICATIONS
VAN TRUCKS WHICH WILL BE PROVIDED BY THE FRG, NEEDED AT HOHENFELS
TRAINING AREA AND PAY FOR THEIR OPERATIONAL COST;
E. WILL PAY THE COSTS FOR US TROOPS, SPECIALISTS, ROTARY WING AND
LOW/HIGH PERFORMANCE FIXED WING AIRCRAFT USED FOR THE EVALUATION;
F. WILL SUPPORT THE CSEG EFFORTS WITH PERMISSION TO USE MILITARY
INSTALLATIONS SUCH AS AIR FACILITIES AND FIELDS, COMMUNICATIONS CENTERS
AND HEADQUARTERS FOR EVALUATION PURPOSES.
2. FRG
A. WILL PAY THE COSTS FOR FRG TROOPS, SPECIALISTS, ROTARY WING AND
LOW/HIGH PERFORMANCE FIXED-WING AIRCRAFT USED FOR THE EVALUATION;
B. WILL PAY THE COSTS FOR GROUND TRANSPORTATION PROVIDED BY FRG AT
BAD TOELZ TO PERFORM DUTY MOVEMENT OF CSEG FROM BAD TOELZ TO HOHENFELS,
USAREUR II (GE) CORPS AND OTHER PLACES WHERE CSEG DUTY HAS TO BE
PERFORMED;
C. WILL SUPPORT CSEG REQUESTS TO THE GERMAN BUNDESPOST FOR THE
CLEARANCE OF FREQUENCIES REQUIRED IN ADDITION TO THOSE ALREADY ALLOCATED
BY THE GERMAN BUNDESPOST TO PROJECT AVID GUARDIAN:
D. WILL PROVIDE THE NECESSARY ENGLISH-GERMAN AND GERMAN-ENGLISH
TRANSLATION OF DOCUMENTS;
E. WILL SUPPORT THE CSEG EFFORTS WITH PERMISSION TO USE MILITARY
INSTALLATIONS SUCH AS AIR FACILITIES AND FIELDS, COMMUNICATIONS CENTERS
AND HEADQUARTERS FOR EVALUATION PURPOSES.
3. UK
A. WILL PAY ALL COSTS OF EFFORT CONDUCTED IN THE UK FOR COMPUTER
PROGRAMMING, DATA ANALYSIS, COMPUTER AND OTHER WAR-GAMING AND FOR
RESEARCH AND DEVELOPMENT IN SUPPORT OF STUDIES TO BE PERFORMED FOR CSEG;
B. WILL PAY THE COSTS FOR UK TROOPS, SPECIALISTS, ROTARY WING AND
LOW/HIGH PERFORMANCE FIXED-WING AIRCRAFT USED FOR THE EVALUATIONS;
C. WILL SUPPORT THE CSEG EFFORTS WITH PERMISSION TO USE MILITARY
INSTALLATIONS SUCH AS AIR FACILITIES AND FIELDS, COMMUNICATIONS CENTERS
AND HEADQUARTERS FOR EVALUATION PURPOSES;
4. EACH PARTY
A. WILL PAY THE COST OF MAINTAINING ITS OWN PERSONNEL TAKING PART IN
PROJECT AVID GUARDIAN, INCLUDING THEIR TEMPORARY DUTY ALLOWANCES, TRAVEL
EXPENSES, COST OF SUPPORT, ETC.
B. WILL PAY ALL COSTS OF CONTRACT SUPPORT THAT IT SECURES.
THE AGREEMENT BETWEEN THE PARTIES TO THE NORTH ATLANTIC TREATY,
REGARDING THE STATUS OF THEIR FORCES OF JUNE 19, 1951 (NATO STATUS OF
FORCES AGREEMENT) AND THE AGREEMENT TO SUPPLEMENT THE AGREEMENT BETWEEN
THE PARTIES TO THE NORTH ATLANTIC TREATY REGARDING THE STATUS OF THEIR
FORCES WITH RESPECT TO FOREIGN FORCES STATIONED IN THE FEDERAL REPUBLIC
OF GERMANY OF AUGUST 3, 1959 (SUPPLEMENTARY AGREEMENT) SHALL APPLY WITH
RESPECT TO THIS AGREEMENT.
IN EACH CASE, UPON CONCURRENCE OF ALL PARTIES, OTHER NATO NATIONS MAY
BE BRIEFED ON OR INVITED TO PARTICIPATE IN PROJECT AVID GUARDIAN.
A. THIS AGREEMENT SHALL ENTER INTO FORCE UPON SIGNATURE BY ALL
PARTIES. IT IS EXECUTED IN THREE ORIGINALS, EACH IN THE ENGLISH AND
GERMAN LANGUAGES, BOTH TEXTS BEING EQUALLY AUTHENTIC.
B. THE PERIOD OF THE JOINT AND COMBINED STUDY/EVALUATION SHALL
TERMINATE UPON APPROVAL AND DISTRIBUTION OF THE FINAL REPORT BY THE
PARTIES, SCHEDULED FOR 31 DECEMBER 1976.
C. IN THE EVENT THAT THE PROJECT IS NOT TERMINATED BY 31 DECEMBER
1976, THIS AGREEMENT MAY BE EXTENDED ON THE SAME TERMS.
HEIDELBERG, 21 JUL 1975 1975
FOR THE COMMANDER IN CHIEF, UNITED STATES ARMY, EUROPE AND SEVENTH
ARMY
BONN, 10 JULY 1975
FOR THE FEDERAL MINISTER OF DEFENSE OF THE FEDERAL REPUBLIC OF
GERMANY
LONDON 1 JULY 1975
ON BEHALF OF THE SECRETARY OF STATE FOR DEFENSE, GOVERNMENT OF THE
UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND
1. THE PRINCIPAL RESOURCES REQUIRED FOR PROJECT AVID GUARDIAN
COMPRISE PERSONNEL WITH APPROPRIATE TECHNICAL AND ADMINISTRATIVE
QUALIFICATIONS, OFFICE EQUIPMENT AND SUPPLIES, VEHICLES, UNATTENDED
GROUND SENSOR EQUIPMENT, ANCILLARY SPECIAL TEST EQUIPMENT, MISCELLANEOUS
MILITARY EQUIPMENT AND COMPUTER TIME FOR DATA PROCESSING AND ANALYSIS.
2. THE FOLLOWING PARAGRAPHS OFFER ESTIMATES OF SPECIFIC ELEMENTS OF
DIRECT AND INDIRECT SUPPORT REQUIRED FOR AVID GUARDIAN, AND OF HOW THESE
ELEMENTS WILL BE APPORTIONED AMONG THE US, FRG AND UK.
MANPOWER -
3. AVID GUARDIAN MANPOWER REQUIREMENTS ARE OF TWO TYPES:
A. CSEG MANPOWER - THE PERMANENT PROFESSIONAL AND DIRECT SUPPORT
STAFF OF CSEG, COMPRISING THE NATIONAL ELEMENTS OF THE US, FRG AND UK.
THE PERMANENT STAFF WILL FROM TIME-TO-TIME REQUIRE AUGMENTATION ON A TDY
BASIS BY TECHNICAL EXPERTS WHO MAY BE PROVIDED FROM THE DEFENSE
COMMUNITIES OF ANY OF THE THREE PARTIES.
B. CSEG TACTICAL SUPPORT MANPOWER - TROOPS FROM ANY OF THE THREE
PARTIES MADE AVAILABLE IN SUPPORT OF AVID GUARDIAN FIELD TRIALS.
4. THE PROJECTED STRENGTH OF THE CSEG PERMANENT STAFF WILL BE 22.
THE DISTRIBUTION OF NATIONAL ELEMENTS BY QUALIFICATION IS SHOWN IN
APPENDIX 1.
TDY SUPPORT
5. CSEG OPERATIONS UNDER PROJECT AVID GUARDIAN WILL REQUIRE TWO
TYPES OF TDY SUPPORT:
A. AUGMENTATION OF THE PERMANENT PARTY WITH SPECIAL EXPERTISE
REQUIRED TO PERFORM SPECIFIC TESTS OR STUDY ASSIGNMENTS;
B. CSEG PERSONNEL WHEN IN THE FIELD, WHEN REQUIRED TO VISIT SUPERIOR
HEADQUARTERS AND NECESSARY STAFF VISITS.
6. EACH PARTY WILL PAY THE COSTS OF SUPPORTING ITS PERSONNEL WHILE
ON TDY. FOR PROVISIONAL COST-ESTIMATING PURPOSES, CSEG REQUIREMENTS FOR
TDY SUPPORT HAVE BEEN ESTIMATED ON AN ANNUAL BASIS IN TDY SUPPORT DAYS.
APPENDIX 2 SHOWS THE ESTIMATES FOR EACH NATIONAL ELEMENT.
CSEG TACTICAL SUPPORT MANPOWER -
7. PROJECT AVID GUARDIAN WILL REQUIRE TROOP SUPPORT IN THE CONDUCT
OF FIELD TRIALS AND EVALUATIONS. THE CSEG INTENDS THAT EVERY FIELD
TRIAL WILL BE DESIGNED AND EXECUTED IN THE MOST ECONOMICAL WAY.
THEREFORE, FIELD TRIALS AND EVALUATIONS WILL BE CONDUCTED TO THE
GREATEST EXTENT POSSIBLE IN CONJUNCTION WITH NORMAL TROOP TRAINING AND
SCHEDULED EXERCISES AT THE HOHENFELS TRAINING AREA. SOME TRIALS WILL,
HOWEVER, REQUIRE THE OCCASIONAL SERVICES OF SMALL ATTACHMENTS WITH
ORGANIC UNIT EQUIPMENT FOR A FEW DAYS AT A TIME AT PLACES OTHER THAN
HOHENFELS. IN ALL CASES WILL CSEG OUTLINE THE COMPLETE AND SPECIFIC
DETAILS OF THE SUPPORT REQUIREMENT.
8. TACTICAL SUPPORT REQUIREMENTS FOR THE FIRST YEAR OF EFFORT ARE
PROVISIONALLY ESTIMATED IN APPENDIX 3.
TRANSPORTATION -
9. TRANSPORTATION WILL BE REQUIRED FOR SUPPORT OF CSEG ACTIVITIES AT
BAD TOELZ, AND FOR SUPPORT OF FIELD TRIALS AT HOHENFELS AND OTHER TRIAL
SITES. IN ADDITION, THERE WILL BE STAFF TRAVEL TO OTHER LOCATIONS. THE
US AND FRG WILL PROVIDE THE GROUND TRANSPORTATION REQUIRED FOR
ADMINISTRATIVE SUPPORT OF THE CSEG. THE US AGREES TO PROVIDE THE
SPECIALIZED VEHICLES WHICH WILL BE NEEDED FOR FIELD TRIALS AND
EVALUATIONS. THE US WILL PROVIDE AVIATION SUPPORT TO THE CSEG TO
FACILITATE ESSENTIAL COMMAND COORDINATION, LIAISON AND TO SUPPORT TRIALS
AND EVALUATIONS. APPENDIX 4 GIVES DETAILS OF CSEG TRANSPORTATION
REQUIREMENTS.
SPECIAL EQUIPMENT -
10. THE SPECIAL EQUIPMENTS REQUIRED FOR THE PROJECT AVID GUARDIAN
ARE OF THE FOLLOWING TYPES: UGS; UGS REPAIR AND MAINTENANCE EQUIPMENT;
UGS SPARES AND PARTS; COMMUNICATIONS EQUIPMENT; RELAYS AND READOUT
ASSEMBLIES TOGETHER WITH SPARES AND PARTS; AND FIELD EXPERIMENT TEST
INSTRUMENTATION DEVICES. THE US WILL PROVIDE THE UGS AND ANCILLARY TEST
INSTRUMENTATION REQUIRED FOR THE CONDUCT OF AVID GUARDIAN FIELD TRIALS.
THE UK AND FRG MAY PROVIDE COMPARABLE ITEMS IN SUPPLEMENT TO THE US
EQUIPMENT.
11. A SUFFICIENT NUMBER OF UGS TO SUPPORT AVID GUARDIAN AND SOME
ANCILLARY UGS EQUIPMENT IS AVAILABLE AT THE HOHENFELS TEST SITE. AN
ESTIMATED 60 DAYS OF PROGRAM TIME WILL BE REQUIRED BY CSEG MAINTENANCE
AND LOGISTIC SUPPORT PERSONNEL TO INSPECT, TEST AND EFFECT NECESSARY
REPAIR TO DEFECTIVE ITEMS. IN ADDITION, IT WILL BE NECESSARY TO
ESTABLISH PROCEDURES WHEREBY THE CSEG MAY ROUTINELY PROCURE SPARES,
BATTERIES AND PARTS FOR DEFECTIVE ITEMS.
12. APPENDIX 5 SHOWS THE INITIAL ESTIMATE OF ITEMS REQUIRED TO
PERFORM ESSENTIAL SERVICE TESTS OF UGS IN STORAGE AT HOHENFELS AND TO
PREPARE UGS FOR FIELD TRIALS. THE LISTED ITEMS MAY BE PROVIDED BY ANY
OF THE PARTIES.
13. A REQUIREMENT ALSO EXISTS FOR TACTICAL RADIO EQUIPMENT AND
ASSOCIATED POWER SUPPLIES. THE NEEDED ITEMS ARE LISTED IN APPENDIX 6.
14. PROJECT AVID GUARDIAN WILL REQUIRE A NUMBER OF NONSTANDARD
EQUIPMENT ITEMS TO ASSIST DATA REDUCTION AND THE PREPARATION OF REPORTS.
THESE ITEMS ARE SPECIFIED IN APPENDIX 7.
GENERAL AND ADMINISTRATIVE SUPPORT REQUIREMENTS -
15. THE ELEMENTS OF COST ASSOCIATED WITH THE GENERAL AND
ADMINISTRATIVE SUPPORT OF CSEG OPERATIONS INCLUDE OFFICE SPACE AND
UTILITIES, OFFICE EQUIPMENT, EXPENDABLE OFFICE SUPPLIES, OFFICE
MAINTENANCE SERVICES, OFFICE SECURITY SERVICES, AND COMPUTER TIME
(INCLUDING PROGRAMMING SERVICES).
16. WITHIN AVAILABILITY, USAREUR PROVIDES REQUIRED FAMILY HOUSING
AND BACHELOR BILLETS FOR CSEG PERSONNEL AT BAD TOELZ. WHEN
ACCOMMODATION IS OCCUPIED BY FRG OR UK PERSONNEL THE APPROPRIATE PARTY
WILL REIMBURSE USAREUR. REIMBURSEMENT FOR HOUSING AND BILLETS WILL BE
IN ACCORDANCE WITH USAREUR REGULATION 210-13. LOW RANKING ALLIED
ENLISTED MEN (I.E., E 6 AND BELOW) BILLETED IN THE BARRACKS, WILL BE
BILLETED FREE OF CHARGE.
A. UK
(1) USAREUR AGENCIES WILL BILL THE UK INDIVIDUALS CONCERNED FOR
SUPPORT RENDERED EXCEPT IN THE CASE OF HOUSING, EDUCATION, MEDICAL AND
DENTAL EXPENSES.
(2) IN THE CASE OF HOUSING, DEPENDENT EDUCATION, MEDICAL AND DENTAL
EXPENSES, USAREUR WILL BILL THE UK GOVERNMENT THROUGH THE OFFICE OF THE
SENIOR BRITISH LIAISON OFFICER, HQ USAREUR.
(3) REIMBURSEMENT OF COSTS AS BILLED WILL BE EFFECTED IN DOLLARS OR
DOLLAR INSTRUMENTS TO THE SERVICING US FINANCING AND ACCOUNTING OFFICE.
PAYMENTS HAVE TO BE REMITTED WITHIN 60 DAYS AFTER PRESENTATION OF BILLS.
B. FRG
USAREUR AGENCY(IES) WILL BILL THE FRG INDIVIDUAL CONCERNED FOR
HOUSING AND BILLET SUPPORT.
17. ALSO PROVIDED AT BAD TOELZ BY USAREUR ARE OFFICE SPACE,
UTILITIES, MAINTENANCE SERVICES AND SECURITY SERVICES, TOGETHER WITH
SUCH BASIC EQUIPMENT AS DESKS, CHAIRS, OTHER FURNISHINGS, AND EXPENDABLE
OFFICE SUPPLIES. USAREUR ALSO PROVIDES BILLETS, WITHIN AVAILABILITY,
STORAGE, OFFICE AND TECHNICAL SHOP SPACE AT HOHENFELS IN SUPPORT OF
FIELD TRIALS AND EVALUATION. ALL BILLET SUPPORT TO ALLIED PERSONNEL IS
REIMBURSABLE.
18. THE PARTIES WILL PROVIDE COMPUTER SUPPORT, INCLUDING PROGRAMMING
SERVICES AS AGREED UPON MUTUALLY, FREE OF CHARGE.
19. THE FRG WILL SUPPLEMENT THE US PROVIDED OFFICE EQUIPMENT WITH
ONE GERMAN-CHARACTER TYPEWRITER, MANUALS AND DICTIONARIES WHICH WILL BE
REQUIRED FOR THE PREPARATION AND TRANSLATION OF GERMAN LANGUAGE TEXTS OF
AVID GUARDIAN STUDIES AND REPORTS.
20. FRG PERSONNEL OF CSEG ARE PERMITTED TO USE THE US RECREATIONAL
FACILITIES AT BAD TOELZ AND HOHENFELS IN ACCORDANCE WITH USAREUR
REGULATIONS.
21. UK PERSONNEL OF CSEG WILL BE ACCORDED US PRIVILEGES AND SUPPORT
AS DETAILED IN APPENDIX 8.
22. ADMINISTRATIVE AND LOGISTICAL SUPPORT WILL BE PROVIDED IN
ACCORDANCE WITH NATIONAL STANDARDS AND CAPABILITY.
23. US PROVIDED EQUIPMENT WILL EITHER BE MADE AVAILABLE BY
APPROPRIATE TAADS DOCUMENTATION OR ON HAND RECEIPT, WHENEVER AVAILABLE.
24. AS SOON AS CSEG HAS NO FURTHER USE OF NON-STANDARD US ARMY
EQUIPMENT, INFORMATION ON ITS DISPOSITION IS TO BE PROVIDED TO HQ
USAREUR, ATTN: AEAGD-MR. NON-STANDARD ITEMS WILL BE RETURNED TO CONUS
WHEN NO LONGER REQUIRED BY CSEG AS PART OF AVID GUARDIAN.
FEDERAL REPUBLIC OF GERMANY
- 1 LTC & 1 CPT
- 1 SCIENTIST (IABG) (GS-14)
- 2 SENIOR NCOS
- 2 ENLISTED MEN
- TDY SUPPORT BY BWB AND IABG/SOH AS REQUIRED
UNITED KINGDOM
- 1 LTC, PART-TIME (UK UGS PROGRAM MANAGER)
- 1 SCIENTIST (GS-14)
- 1 CSM (INTELLIGENCE)
- 1 SSG (ELECTRONICS)
- 2 SENIOR NCOS (OPERATIONS)
UNITED STATES
- 1 LTC (USAREUR) . . . . . MOS 2162
- 1 LTC (USAFE) . . . . . . AFSC 2895Z/1716
- 1 MAJ (MASSTER) . . . . . MOS 216Z
- 1 CPT (INTELLIGENCE). . . MOS 9301
- 1 NCO (ELECTRONICS) . . . MOS 31Z
- 2 NCOS (OPERATIONS) . . . MOS 17Z/11F
- 1 1/2 SCIENTISTS (GS-14 EQUIVALENT)
AUGMENTATION SUPPORT TO CSEG
PERMANENT STAFF
PER DIEM DAYS 100 100 100
ROUND TRIPS FROM US OR UK 14 20
PERMANENT STAFF
PER DIEM DAYS IN FIELD 720 720 400
ROUND TRIPS TO US OR UK 8 3 18
ROUND TRIPS ON STAFF VISITS 72 120 60
US
- 14 BATTALION TRAINING DAYS OR EQUIVALENT TIME BY SMALLER UNITS;
- 12 FLYING HOURS (USAFE TACTICAL AIR).
FRG
- 14 DAYS BY ONE TANK PLATOON (REINFORCED);
- 7 DAYS BY ONE ENGINEER SECTION;
- 14 DAYS BY ONE SOUND DETECTING TEAM/(AIRCRAFT);
- 7 DAYS BY ONE ARMORED RECONNAISSANCE PATROL TEAM;
- 3 DAYS BY ONE AIRBORNE COMPANY;
- 7 DAYS BY ONE MILITARY SECURITY TEAM;
- 7 DAYS BY ONE ARTILLERY BATTERY AND SURVEYOR TEAM;
- 7 DAYS BY ONE LRRP TEAM;
- 12 FLYING HOURS (LUFTWAFFE TACTICAL AIR).
UK
- 14 BATTALION TRAINING DAYS OR EQUIVALENT TIME BY SMALLER UNITS;
- 12 FLYING HOURS (RAF GERMANY).
US
GROUND
- 5 M577 CP VEHICLES W/SENSOR RECEIVERS (H)
- 1 ELECTRICIANS SHOP TRUCK (H) WITH SPECIFICATION AS TO LIN OR NSN
- 1 M151 1/4 TON TRUCK (H)
- 2 M313 SEMI-TRAILER VANS (H)
FRG
GROUND
2 8-PASSENGER CARS (BT)
2 1.5 TON COMMUNICATIONS VAN TRUCKS (H)
US
AIR
- 1 UH-1 HELICOPTER (BT)
NOTES:
1. VEHICLE MAINTENANCE AND POL WILL BE PROVIDED BY FURNISHING PARTY.
2. TRANSPORTATION LOCATION:
(H) = HOHENFELS
(BT) = BAD TOELZ
ITEM FSN QTY
ME-30 VOLTMETER 6625-643-1670 2
TS-352 MULTIMETER 6625-553-0142 4
TS-505 MULTIMETER 6625-243-0562 2
AN/USM-281 OSCILLOSCOPE 6625-053-3112 1
AN/USM-207 FREQUENCY COUNTER 6625-911-6365 1
TK-100 G TOOL KITS 5180-605-0079 2
ITEM AMT
RADIO SET, AN/VRC-46 (COMPLETE) 7
RADIO SET, AN/PRC-77 5
REMOTE CONTROL, AN/GRC-39 3
POWER SUPPLY, PP-2953/U 4
BATTERY CHARGER, PP-1451 1
VEHICLES TO BE PROVIDED WITH SUITABLE RADIOS WHICH ARE COMPATIBLE
WITH PARTICULAR VEHICLE, WHEN AVAILABLE.
1. (1 EACH) COMPUCORP PROGRAMMABLE STATISTICIAN COMPUTER WITH
CASSETTE MEMORY, 110/220V, 50/60 CY, $1400.
2. (1 EACH) TEXAS INSTRUMENTS SR-50 MULTIPURPOSE CALCULATOR
RECHARGEABLE BATTERIES, ALGEBRAIC LOGIC, 110/220V, 50/60 CY, $150.
3. (1 EACH) WALTHER ELECTRONIC CALCULATOR WITH PAPER TAPE READOUT
MODEL ETR 2034, 110/220V, 50/60 CY, $450.
4. (1 EACH) BRUNNING MODEL 720 BLUEPRINT MACHINE, $2800.
5. (2 EACH) POLAROID CAMERAS, $540.
6. (2 EACH) KODAK CAROUSEL 35 MM SLIDE PROJECTORS, $555.
7. (6 EACH) TRANSFORMERS, 220 VOLT TO 110 VOLT, $150.
NOTE: ALL ITEMS AS LISTED OR AN EQUIVALENT.
ITEMS 1, 2 AND 3 WILL BE PROVIDED BY THE UK.
ITEMS 4, 5, 6 AND 7 WILL BE PROVIDED BY THE US.
US/UK ARRANGEMENT ON INDIVIDUAL LOGISTIC SUPPORT TO UK TEAM CSEG
1. USAREUR WILL PROVIDE TO THE UK TEAM CSEG:
A. FAMILY HOUSING AND BACHELOR BILLETS ACCORDING TO ANNEX A,
PARAGRAPH 16.
B. INDIVIDUAL LOGISTIC SUPPORT FOR APPROXIMATELY 2 OFFICERS, 4
ENLISTED PERSONNEL AND 18 DEPENDENTS AS FOLLOWS:
(1) COMMISSARY, INCLUDING RATIONED ITEMS.
(2) MILITARY EXCHANGE (INCL AAFES, EUR, ACTIVITIES), INCLUDING
RATIONED ITEMS.
(3) DEPENDENT SCHOOLING ON A SPACE REQUIRED, TUITION-PAYING BASIS.
(4) MILITARY POSTAL SERVICES ONLY THROUGH THE SPONSORING ACTIVITY OR
UNIT.
(5) LOCAL US GOVERNMENT TRANSPORTATION WHEN THE INDIVIDUAL IS ON
OFFICIAL GOVERNMENT BUSINESS AND TRANSPORTATION HAS BEEN REQUESTED BY
THE PROPER AUTHORITY.
(6) MEDICAL AND DENTAL SERVICES FOR SPONSOR AND DEPENDENTS AT THE
SAME RATES AS US MILITARY PERSONNEL.
(7) LOCAL RECREATION SERVICES (INCL. RECREATION CENTERS, THEATERS,
LIBRARIES, CRAFT SHOPS AND SPORTS FACILITIES), SUBJECT TO CURTAILMENT BY
THE LOCAL COMMUNITY COMMANDER WHEN FACILITIES ARE LIMITED.
(8) ARMED FORCES RECREATION CENTER.
(9) CLASS VI (ALCOHOLIC BEVERAGES), INCLUDING RATIONED ITEMS.
(10) MILITARY BANKING FACILITIES.
(11) QUARTERMASTER LAUNDRY AND DRY CLEANING SERVICES.
(12) PET AND FIREARMS REGISTRATION AND CONTROL.
(13) CUSTOMS EXEMPTION.
(14) TRANSIENT BILLETS WHEN INDIVIDUAL IS ON OFFICIAL BUSINESS AND IN
POSSESSION OF VALID MILITARY ORDERS OR OTHER DOCUMENTS INDICATING THAT
TRAVEL IS OFFICIAL.
(15) GENERAL EDUCATION DEVELOPMENT (GED) SERVICES.
(16) OFFICER AND NCO/EM CLUBS.
/1/ FOR FY-75 ONLY. IT IS EXPECTED THAT ADDITIONAL REQUIREMENTS FOR
NON-EXPENDABLES (E.G., STOP WATCHES) FOR USE DURING FY-76 WILL BE
DEVELOPED IN THE PERIOD 1 JAN 75 - 30 JUN 75 AS A RESULT OF EXPERIENCE
IN FIELD TRIALS. SUCH REQUIREMENTS WILL LIKELY TOTAL $6000 IN FY-76.
GERMANY, FEDERAL REPUBLIC OF 19 JAN 1976 FLITE DOCUMENT NO. 7950029
AGREEMENT EXECUTED 28 NOVEMBER 1975 AND 19 JANUARY 1976.
AGREEMENT ON THE FUTURE USE OF THE US AMMUNITION DEPOT PSP 32
TANNHAUSEN BY THE US FORCES AND ON QUESTIONS OF SAFETY AND ALTERNATE
MEASURES ARISING IN CONNECTION WITH THE CONSTRUCTION AND OPERATION OF
THE BROMBACH DAM, RELEASE OF REAL ESTATES, AND OTHER CONSEQUENCES.
ON THE FUTURE USE OF THE US AMMUNITION DEPOT TANNHAUSEN (FORMERLY
LANGLAU) AS WELL AS ON ALTERNATE MEASURES AND OTHER CONSEQUENCES IN
CONNECTION WITH THE CONSTRUCTION AND OPERATION OF THE BROMBACH DAM
(BROMBACH ADVANCE DAM AND BROMBACH MAIN DAM) BY THE FREISTAAT BAYERN
(FREE STATE OF BAVARIA).
THE COMMANDER-IN-CHIEF OF THE US ARMY, EUROPE AND SEVENTH ARMY, ON
BEHALF OF THE US FORCES IN GERMANY
AND THE BUNDESMINISTER DER FINANZEN (FEDERAL FINANCE MINISTER), ON
BEHALF OF THE FEDERAL REPUBLIC OF GERMANY
CONCLUDE THE FOLLOWING AGREEMENT ON THE FUTURE USE OF THE US
AMMUNITION DEPOT PSP 32 TANNHAUSEN BY THE US FORCES AND ON THE QUESTION
OF SAFETY AND ALTERNATE MEASURES ARISING IN CONNECTION WITH THE
CONSTRUCTION AND OPERATION OF THE BROMBACH DAM, RELEASE OF REAL ESTATES,
AND OTHER CONSEQUENCES:
I. GENERAL
AS PART OF THE WATER RESOURCES PROJECT "ROUTING OF THE WATER OF THE
ALTMUEHL AND THE CONAU TO THE REGNITZ-MAIN AREA", THE FREE STATE OF
BAVARIA INTENDS TO CONSTRUCT THE WATER RESERVOIR "BROMBACH DAM"
(BROMBAHH ADVANCE DAM AND BROMBACH MAIN DAM) AS INDICATED ON THE
ATTACHED PLAN, SCALE 1: 5 000.
THE US AMMUNITION DEPOT TANNHAUSEN IS IMPAIRED BY THESE WATER
RESOURCES CONSTRUCTION MEASURES.
II. START OF CONSTRUCTION WORK AND PUTTING INTO OPERATION THE
BROMBACH DAM
1. THE US FORCES AGREE TO THE IMMEDIATE START OF THE WATER RESOURCES
CONSTRUCTION MEASURES.
2. THE BROMBACH ADVANCE DAM AND THE BROMBACH MAIN DAM WILL NOT BE
PUT IN OPERATION (FILLED) BEFORE THE REVIEW OF THE FUTURE SAFETY OF THE
US AMMUNITION DEPOT IN ITS NEW EXISTENCE - INCLUDING OUTER SAFETY - AND
THE REVIEW OF THE SAFETY OF THE DAM, ESPECIALLY THE STABILITY OF THE
BROMBACH ADVANCE DAM, HAVE BEEN CONCLUDED AND EXPERTS OF THE FRG AND THE
US FORCES DETERMINED THAT THE SAFETY REQUIREMENTS AS LAID DOWN IN US AND
GERMAN REGULATIONS AND ENGINEERING PRINCIPLES ARE MET WITH RESPECT TO
BOTH THE US AMMUNITION DEPOT AND THE DAM.
3. THE BROMBACH ADVANCE DAM AND THE BROMBACH MAIN DAM WILL NOT BE
PUT IN OPERATION (FILLED) BEFORE THE MEASURES SPECIFIED IN SECTION III
HAVE BEEN ACCOMPLISHED. SHOULD THE PREREQUISITES FOR PUTTING IN
OPERATION THE DAM ONLY BE FULFILLED BY DECREASING THE CAPACITY OF THE US
AMMUNITION DEPOT (SECTION IV NO. 3) THE DAM WILL NOT BE PUT INTO
OPERATION BEFORE THE COMPLETION OF SUCH A DECREASE.
III. ALTERNATE MEASURES WITHIN (OR IN THE SURROUNDING AREA OF) THE
US AMMUNITION DEPOT
IN COMPLIANCE WITH THE PRESENT STATUS OF THE BROMBACH DAM PLANNING,
THE FOLLOWING CONSTRUCTION MEASURES WILL BE ACCOMPLISHED WITHOUT COST TO
THE US FORCES WITHIN (OR IN THE SURROUNDING AREA OF) THE US AMMUNITION
DEPOT:
- RELOCATION OF SUPPLY AND SEWER AND DRAIN LINES.
- CONSTRUCTION OF GUARD PATHS, FIRE PROTECTION ZONES AND CLEAR ZONES
WHEN RELOCATING FENCES,
- CONSTRUCTION OF A BERM ALONG THE MAIN BANK ROAD,
- DRAINAGE OF SURFACE WATER INTO THE BROMBACH DAM BY MEANS OF
OUTLETS, DITCHES, ETC.,
- RELOCATION OF THE FENCE (CONSTRUCTION IN ACCORDANCE WITH RIBA). AS
FAR AS REQUIRED FOR TECHNICAL CONSTRUCTION REASONS, TEMPORARY FENCES
SHALL BE ERECTED FOR THE TIME OF CONSTRUCTION,
- RELOCATION OF EARTH-COVERED AMMUNITION BUNKERS AS FAR AS THEY ARE
AFFECTED BY THE DRAWING OF NEW BOUNDARIES,
- PARTLY NEW CONSTRUCTION OF ACCESS ROAD,
- CONSTRUCTION OF TEMPORARY ROAD CONNECTIONS IN THE COURSE OF
CONSTRUCTION,
- RESTORATION OF THE ENCIRCLING ROAD BY FILLING UP SOIL TO 412.50 M
ABOVE SEA LEVEL,
- PLANTING OF SHRUBBERY AS FAR AS REQUIRED.
THE ABOVE LISTED MEASURES ARE GENERAL IN NATURE, AND MORE DETAILED
REQUIREMENTS WILL BE DEVELOPED AS THE DAM CONSTRUCTION PLANNING
PROGRESSES.
IV. OTHER MEASURES
1. ALL FURTHER ALTERNATE MEASURES WHICH MIGHT BECOMES NECESSARY,
EXPECIALLY FOR SAFETY REASONS, WILL BE ACCOMPLISHED, ALSO WITHOUT COST
TO THE US FORCES.
2. THE FRG GUARANTEES THAT THE PRESENT CAPACITY OF THE US AMMUNITION
DEPOT WILL REMAIN THE SAME OR WILL BE REPLACED ACCORDING TO PARAS 3 AND
4.
3. SHOULD THE PREREQUISITES FOR PUTTING IN OPERATION THE DAM ONLY BE
FULFILLED BY DECREASING THE CAPACITY OF THE US AMMUNITION DEPOT, OR
SHOULD A DECREASE IN CAPACITY OF THE US AMMUNITION DEPOT BECOME
NECESSARY AFTER FILLING THE RESERVOIR OR DUE TO SUBSEQUENT INFLUENCES,
COMPLETE REPLACEMENT OF THE LOST CAPACITY WILL BE MADE WITHOUT COST TO
THE US FORCES. SHOULD 50% OR MORE OF THE STORAGE CAPACITY BE DETERMINED
TO BE UNUSABLE, THEN REPLACEMENT FACILITIES FOR 100% OF THE US
AMMUNITION DEPOT CAPACITY WILL BE PROVIDED WITHOUT COST TO THE US
FORCES. IF FEASIBLE, ALTERNATE STRUCTURES SHALL BE ERECTED ON AREAS
WHICH ARE ALREADY CONTROLLED BY THE US FORCES. SHOULD THERE BE NO
SUITABLE ALTERNATE AREA AVAILABLE, EQUIVALENT LAND WILL BE PLACED AT THE
US FORCES DISPOSAL. THE LOCATION WILL BE SELECTED IN THIS EVENT BY THE
US FORCES IN COORDINATION WITH THE COMPETENT FEDERAL AND STATE
AUTHORITIES.
4. IN CONNECTION WITH ALL RELOCATION AND ALTERNATE CONSTRUCTION WORK
ALSO THE NECESSARY DEVELOPMENT AND SAFETY MEASURES, AS FAR AS REQUIRED
IN COMPLIANCE WITH VALID US AND GERMAN REGULATIONS, WILL BE ACCOMPLISHED
WITHOUT COST TO THE US FORCES.
V ASSUMPTION OF LIABILITY; EXEMPTION FROM LIABILITY
1. THE FRG SHALL ASSURE THAT THE FREE STATE OF BAVARIA WILL BE
LIABLE FOR ALL DAMAGES TO THE US AMMUNITION DEPOT RESULTING FROM THE
CONSTRUCTION, EXISTENCE OR OPERATION OF THE BROMBACH DAM. THIS DOES NOT
APPLY TO DAMAGES TO OR IN THE US AMMUNITION DEPOT RESULTING FROM ACTS OR
OMISSIONS BY AUTHORITIES, PERSONNEL OR REPRESENTATIVES OF THE US FORCES.
2. THE FRG SHALL RELIEVE THE US FORCES OF LIABILITY FOR ALL CLAIMS
OF THE FREE STATE OF BAVARIA FOR PROPERTY DAMAGE OR PERSONAL INJURY
OCCURRING IN CONNECTION WITH THE CONSTRUCTION, EXISTENCE AND OPERATION
OF THE BROMBACH DAM AND WHICH ARE DUE TO THE EXISTENCE AND OPERATION OF
THE US AMMUNITION DEPOT. THIS APPLIES ALSO WHEN THOSE DAMAGES OR
INJURIES RESULT FROM AN ACT OF GOD, OR CONDUCT OF AUTHORITIES, PERSONNEL
OR REPRESENTATIVES OF THE US FORCES.
3. THE FRG SHALL RELIEVE THE US FORCES OF LIABILITY FOR ALL CLAIMS,
INCLUDING CLAIMS OF THIRD PERSONS, FOR PROPERTY DAMAGE OR PERSONAL
INJURY RESULTING FROM THE EXISTENCE OR OPERATION OF THE US AMMUNITION
DEPOT, INSOFAR AS THOSE DAMAGES OR INJURIES ARE CAUSED IN PART OR
AGGRAVATED BY THE CONSTRUCTION, EXISTENCE OR OPERATION OF THE BROMBACH
DAM OR WOULD NOT HAVE COME ABOUT WITHOUT THEM. THE OBLIGATION TO
RELIEVE THE US FORCES OF LIABILITY CONTAINED IN THE PRECEDING SENTENCE
ALSO EXTENDS TO DAMAGES DUE TO AN ACT OF GOD OR CONDUCT OF AUTHORITIES,
PERSONNEL OR REPRESENTATIVES OF THE US FORCES.
VI. RELEASES
THE AREAS REQUIRED FOR THE WATER RESOURCES CONSTRUCTION PROJECT ARE
MARKED IN YELLOW, RED, AND HATCHED IN RED ON ATTACHED SITE PLAN (ANNEX
A). THE US FORCES WILL RELEASE AND RETURN TO THE FRG THE LAND OUTSIDE
THE NEW FENCE (GREEN LINE) AFTER COMPLETION OF THE MEASURES INDICATED IN
SECTION III, AND AFTER REPLACEMENT FACILITIES NECESSARY FOR SAFETY
REASONS HAVE BEEN PROVIDED, OR WHEN THE US FORCES AND THE FRG AGREE THAT
NONE ARE REQUIRED.
VII. INCLOSURES AND INTERPRETATION
1. THE ATTACHED SITE PLAN (ANNEX A) IS PART OF THIS AGREEMENT.
2. BOTH THE GERMAN AND THE ENGLISH VERSIONS OF THIS AGREEMENT ARE
EQUALLY BINDING.
HEIDELBERG, 28 NOV 75
FOR THE COMMANDER-IN-CHIEF
UNITED STATES ARMY, EUROPE
GERMANY, FEDERAL REPUBLIC OF 14 SEP 1976 FLITE DOCUMENT NO. 7950028
AGREEMENT EXECUTED 16 JULY AND 14 SEPTEMBER 1976.
AGREEMENT REGARDING CO-UTILIZATION OF THE WATTWEILER FIRING RANGE BY
THE US FORCES.
THE FEDERAL REPUBLIC OF GERMANY, REPRESENTED BY THE FEDERAL MINISTRY
OF DEFENSE, THE LATTER REPRESENTED BY MILITARY DISTRICT ADMINISTRATION
IV, WEISBADEN,
THE UNITED STATES FORCES, REPRESENTED BY THE DEPUTY CHIEF OF STAFF
FOR LOGISTICS (DCSLOG), HQ USAREUR AND SEVENTH ARMY, HEIDELBERG,
REGARDING CO-UTILIZATION OF THE WATTWEILER FIRING RANGE BY THE US
FORCES.
THE BUNDESWEHR (FEDERAL ARMED FORCES) GRANT THE US FORCES PERMISSION
TO CO-UTILIZE THE WATTWEILER FIRING RANGE. CO-UTILIZATION IS GRANTED
FOR THE PURPOSE OF SMALL ARMS MARKSMANSHIP TRAINING FOR THE US FORCES.
THE WATTWEILER FIRING RANGE IS SHOWN ON THE ATTACHED MAP WHICH IS
DESIGNATED AS ANNEX "A" AND WHICH IS HEREBY INCORPORATED INTO BY
REFERENCE AND MADE PART OF THIS AGREEMENT.
1. CO-UTILIZATION OF THE FIRING RANGE BY THE US FORCES IS GRANTED
UNDER THE FOLLOWING CONDITIONS:
A. BY NOT LATER THAN THE 20TH OF EACH MONTH, THE US FORCES WILL
SUBMIT THEIR TRAINING SCHEDULE FOR THE FOLLOWING MONTH TO THE BUNDESWEHR
(VKK 453, 666 ZWEIBRUECKEN, POSTSTRASSE 40 (MILITARY SUBREGION
COMMAND)). THE VKK WILL INCORPORATE THE US FORCES' TRAINING SCHEDULE
INTO THE MASTER RANGE SCHEDULE FOR THE FIRING RANGE AND FORWARD THE
CONFIRMED TRAINING SCHEDULE TO THE US FORCES NOT LATER THAN THE END OF
THE MONTH.
B. IN ADDITION TO THE SCHEDULED TRAINING DESCRIBED IN SUBPARAGRAPH A,
ABOVE, THE US FORCES MAY REQUEST, ON SHORT NOTICE, THE ALLOCATION OF
RANGE FACILITIES. SUCH REQUESTS WILL BE HONORED WHENEVER POSSIBLE
PROVIDED THAT THE ALLOCATION IS REQUESTED IN WRITING TWO WEEKS PRIOR TO
THE PROPOSED DATE OF TRAINING. SUCH TRAINING WILL BE COORDINATED ON THE
LOWEST LEVEL OF COMMAND, I.E., BETWEEN THE US LIAISON OFFICER AND THE
VKK.
2. THE US FORCES WILL STRICTLY COMPLY WITH ALL REGULATIONS GOVERNING
THE OPERATION OF THE BUNDESWEHR FIRING RANGE (SUCH AS CONDUCT ON THE
FIRING RANGE, SUPERVISION, BAN OF ALCOHOL, ETC.). PERTINENT REGULATIONS
(FIRING REGULATIONS, LOCAL RANGE REGULATIONS) AND ANY SPECIAL DIRECTIVES
WHICH MIGHT BE ISSUED WILL BE REQUESTED BY THE US FORCES FROM VKK 453
PRIOR TO THE FIRST CO-UTILIZATION. THESE REGULATIONS WILL BE BROUGHT TO
THE ATTENTION OF THE OFFICER IN CHARGE OF FIRING SESSIONS, AND IT WILL
BE HIS RESPONSIBILITY TO REPORT ANY INCIDENT TO THE VKK 453, 666
ZWEIBRUECKEN, POSTSTRASSE 40 AND TO THE GARRISON ADMINISTRATIVE OFFICE
AT ZWEIBRUECKEN WITHOUT DELAY.
3.A. CO-UTILIZATION OF THE FIRING RANGE MUST NOT JEOPARDIZE THE
PHYSICAL INTEGRITY NOR THE SAFETY OF THE RANGE. THE US FORCES SHALL NOT
MAKE ANY PERMANENT CHANGES OF THE CO-UTILIZED FACILITIES NOR WILL THEY
CONSTRUCT ANY ADDITIONAL INSTALLATIONS.
B. THE US FORCES AGREE TO RETURN THE FIRING RANGE IN A CLEAN AND
PROPER CONDITION AND TO REPORT ANY DEFICIENCIES NOTED TO THE GARRISON
ADMINISTRATIVE HEADQUARTERS ZWEIBRUECKEN WITHOUT DELAY.
4. PRIOR TO AND AFTER EACH USE OF THE FIRING RANGE BY THE US FORCES
A JOINT INSPECTION OF THE TRAINING FACILITIES WILL BE CONDUCTED BY THE
US LIAISON OFFICER, A REPRESENTATIVE OF VKK 453, AND A REPRESENTATIVE OF
GARRISON ADMINISTRATIVE OFFICE ZWEIBRUECKEN, STEINHAUSERSTRASSE 11. IN
CASE OF DAMAGE AND/OR DETERIORATION OF THE FACILITIES OF THE FIRING
RANGE, OR UPON REQUEST OF ONE OF THE AGREEMENT PARTIES, A CONDITION
REPORT WILL BE PREPARED IN WRITING. WHEN NO AGREEMENT CONCERNING THE
CIRCUMSTANTIAL FACTS CAN BE REACHED DURING THE INSPECTION, THE DAMAGE
CASE WILL BE REFERRED TO THE NEXT HIGHER HEADQUARTERS FOR DECISION.
1. THE US FORCES WILL FURNISH ALL NECESSARY TRAINING MATERIAL, I.E.,
TARGETS, FRAMES, WEAPONS, AND AMMUNITION FOR MARKSMANSHIP TRAINING OF
THE US FORCES.
2. A TELEPHONE TERMINAL TO THE LOCAL BUNDESWEHR NETWORK AT THE
FIRING RANGE WILL BE PROVIDED BY THE BUNDESWEHR.
THE US FORCES WILL PARTICIPATE IN RESCUE OPERATIONS UNDER THE
SUPERVISION OF THE SAFETY OFFICER OF THE BUNDESWEHR. VEHICLES REQUIRED
WILL BE FURNISHED BY THE US FORCES WHENEVER POSSIBLE.
1. THE US FORCES AGREE TO REIMBURSE THE BUNDESWEHR FOR THEIR
PROPORTIONATE SHARE OF THOSE OPERATING COSTS REFERRED TO IN ARTICLE 63
OF THE SUPPLEMENTARY AGREEMENT TO THE NATO SOFA. THE BUNDESWEHR WILL
MAKE THE ASSESSMENT ANNUALLY ON 31 DECEMBER.
2. THE US FORCES' PROPORTIONATE SHARE OF THE OPERATING COSTS WILL BE
COMPUTED BY MULTIPLYING THE PERCENTAGE OF USE (ARRIVED AT BY DIVIDING
THE NUMBER OF DAYS THAT THE US FORCES ACTUALLY USE THE FIRING RANGE BY
365 DAYS) BY THE TOTAL SUM OF OPERATING COSTS.
3. THE FIRST BILL, BASED ON THE 31 DECEMBER 1976 ASSESSMENT, WILL
IDENTIFY THE AMOUNT CHARGEABLE SEPARATELY FOR THE PERIODS OF 1 JANUARY
1976 - 30 JUNE 4976; 1 JULY 1976 - 30 SEPTEMBER 1976; AND 1 OCTOBER
1976 - 31 DECEMBER 1976. THEREAFTER, THE BILLS WILL SHOW THE AMOUNTS
CHARGEABLE SEPARATELY TO THE PERIODS OF 1 JANUARY - 30 SEPTEMBER, AND 1
OCTOBER - 31 DECEMBER. THE BILL WILL BE FORWARDED IN THREE COPIES TO
THE US FORCES FOR PAYMENT WITHIN ONE MONTH UPON RECEIPT OF THE BILL.
AMOUNTS DUE WILL BE REMITTED TO THE STANDORTKASSE SAARLOUIS KONTO-NR.
59301009 WITH LANDESZENTRALBANK SAARLOUIS FOR STANDORTVERWALTUNG
ZWEIBRUCKEN (MITBENUTZUNG STOSCHANL ZWEIBRUCKEN).
ALL CLAIMS FOR DAMAGES TO THE WATTWEILER FIRING RANGE OR CLAIMS BY
THIRD PARTIES FOR DAMAGES SHALL BE HANDLED AND SETTLED PURSUANT TO THE
PROVISIONS OF ARTICLE VIII OF THE NATO SOFA AND ARTICLE 41 OF ITS
SUPPLEMENTARY AGREEMENT.
AS FAR AS THE USE OF THE FIRING RANGE FOR PURPOSES LISTED IN ARTICLE
1, ABOVE, IS CONCERNED, APPROPRIATE US OR BUNDESWEHR SAFETY REGULATIONS,
WHICHEVER ARE MORE STRINGENT, WILL APPLY.
1. THIS AGREEMENT WILL BECOME EFFECTIVE UPON SIGNATURE OF BOTH
PARTIES THERETO. IT IS MADE IN TWO COPIES, EACH IN THE GERMAN AND IN
THE ENGLISH LANGUAGE, WITH THE WORDING OF BOTH VERSIONS BEING EQUALLY
BINDING.
2. THIS AGREEMENT MAY BE CHANGED BY MUTUAL CONSENT OF THE PARTIES
THERETO. ANY CHANGES SHALL BE LAID DOWN IN WRITING.
3. EITHER PARTY TO THE AGREEMENT MAY TERMINATE THIS AGREEMENT BY
GIVING A 3-MONTH NOTICE.
WEISBADEN, 16. 7. 76.
MILITARY DISTRICT
ADMINISTRATION IV:
GERMANY, FEDERAL REPUBLIC OF 12 FEB 1974 FLITE DOCUMENT NO. 7950027
MUTUAL AGREEMENT EXECUTED 12 FEBRUARY 1974.
MUTUAL AGREEMENT FOR ENTRY PROCEDURES OF GERMAN POLICE ONTO US
MILITARY INSTALLATIONS IN SCHWEINFURT.
AETZBDC-A
SUBJECT: MUTUAL AGREEMENT FOR ENTRY PROCEDURES OF GERMAN POLICE ONTO
US MILITARY INSTALLATIONS IN SCHWEINFURT
1. PURPOSE: TO ESTABLISH POLICIES AND PROCEDURES UNDER WHICH GERMAN
POLICE ARE ALLOWED TO ENTER US MILITARY FACILITIES AND STRUCTURES WITHIN
THE SCHWEINFURT COMMUNITY.
2. SCOPE: THE POLICIES AND PROCEDURES CONTAINED HEREIN APPLY TO ALL
REQUESTS BY GERMAN POLICE FOR ENTRY ONTO US MILITARY FACILITIES AND
STRUCTURES WITHIN THE SCHWEINFURT COMMUNITY FOR THE PURPOSE OF CRIMINAL
INVESTIGATION OR APPREHENSION.
3. POLICIES: WHEN GERMAN POLICE ARE IN "HOT PURSUIT" OF A FLEEING
SUSPECT, THEY WILL BE ALLOWED IMMEDIATE ENTRY INTO INSTALLATIONS AND
STRUCTURES OF THE US FORCES WITHIN THE SCHWEINFURT COMMUNITY. IN ALL
CASES, NO ENTRY WILL BE ALLOWED INTO RESTRICTED OR SENSITIVE AREAS
WITHOUT THE PERMISSION OF THE COMMUNITY COMMANDER OR HIS DESIGNATED
REPRESENTATIVE.
4. THE COMMUNITY COMMANDER'S DESIGNEE WILL BE THE DIRECTOR OF
MILITARY POLICE ACTIVITIES DURING DUTY HOURS AND THE SCHWEINFURT AREA
STAFF DUTY OFFICER DURING NON-DUTY HOURS.
5. PROCEDURES:
A. "HOT PURSUIT" CASES.
(1) "HOT PURSUIT" DESCRIBES THOSE CASES WHEN GERMAN POLICE HAVE
OBSERVED THE COMMISSION OF A CRIME OR HAVE REASONABLE BELIEF THAT A
CRIME HAS OCCURRED, HAVE THE SUSPECT IN VIEW AND ARE IMMEDIATELY
PURSUING THE SUSPECT WHO FLEES ONTO US ARMY INSTALLATIONS.
(2) WHEN IN "HOT PURSUIT", AS DEFINED ABOVE, THE GERMAN POLICE WILL
UTILIZE BLUE LIGHTS, PLAINCLOTHES GERMAN POLICE WILL IDENTIFY THEMSELVES
BY THEIR DIENSTMARKE (BADGE). THE AMERICAN MILITARY POLICEMAN GUARDING
THE ENTRANCE WILL NOT DETAIN THE GERMAN POLICE WHEN THE EMERGENCY
EQUIPMENT OR DIENSTMARKE IS BEING UTILIZED, BUT WILL IMMEDIATELY NOTIFY
THE NEAREST MOBILE MILITARY POLICE PATROL OF THE SITUATION AND WILL
NOTIFY ALL GATES SO THAT THE KASERNE CAN BE CLOSED IMMEDIATELY.
B. ALL OTHER CASES:
(1) IN ALL OTHER CASES, THE MILITARY POLICE GUARDING THE ENTRANCE
WILL NOT ALLOW THE GERMAN POLICE TO ENTER THE INSTALLATION UNTIL
PERMISSION IS GIVEN BY THE COMMANDER'S DESIGNEE. THE GUARD WILL
IMMEDIATELY RELAY THE REQUEST FOR ENTRY TO THE COMMANDER'S DESIGNEE FOR
HIS DECISION.
(2) WHERE THE GERMAN AUTHORITIES HAVE PRIMARY JURISDICTION UNDER THE
NATO STATUS OF FORCES AGREEMENT.
(3) GERMAN PROPERTY IS THREATENED, DAMAGED, OR DESTROYED ON THE
INSTALLATION.
C. IN EACH CASE, THE COMMANDER'S DESIGNEE WILL WEIGH THE GERMAN
INTERESTS INVOLVED AGAINST THE DESIRABILITY OF AN INVESTIGATION BY
MILITARY POLICE OR US CRIMINAL INVESTIGATION. ALL CRIMINAL
INVESTIGATIONS ON THE KASERNE WILL BE UNDER THE DIRECTION OF THE US
AUTHORITIES.
6. SENSITIVE OR RESTRICTED AREAS:
A. NO ENTRY WILL BE ALLOWED INTO AREAS, BUILDINGS OR PORTIONS OF
BUILDINGS WHICH ARE RESTRICTED OR CONTAIN SENSITIVE MATERIAL, UNLESS THE
PERMISSION OF THE COMMUNITY COMMANDER OR HIS DESIGNATED REPRESENTATIVE
IS OBTAINED.
B. THIS PROHIBITION APPLIES TO ALL ENTRIES, INCLUDING "HOT PURSUIT".
C. SUCH PERMISSION WILL BE GRANTED ONLY IN ACCORDANCE WITH APPLICABLE
SECURITY REGULATIONS AND ONLY WHEN IT IS IMPOSSIBLE TO OTHERWISE CONDUCT
THE INVESTIGATION.
D. THE FOLLOWING AREAS ARE CONSIDERED SENSITIVE OR RESTRICTED AREAS:
(1) AMMUNITION HOLDING AREA
(2) NA-6 SITE
(3) 3/7TH ADA RESTRICTED AREAS.
7. IN CASE OF CONFLICT BETWEEN THE ENGLISH TEXT AND THE GERMAN TEXT
OF THIS AGREEMENT, THE ENGLISH TEXT SHALL BE CONTROLLING.
8. THIS AGREEMENT SHALL BE IN EFFECT INDEFINITELY FROM THE DATE ALL
PARTIES HERETO HAVE SIGNED. IT MAY BE TERMINATED WITHOUT CAUSE BY
EITHER PARTY UPON GIVING 30 DAYS WRITTEN NOTICE TO THE OTHER PARTY. IT
MAY BE TERMINATED FOR CAUSE WHEN THE EXPRESS TERMS OF THIS AGREEMENT
HAVE BEEN VIOLATED AND RECONCILIATION IS IMPOSSIBLE.
SCHWEINFURT, 12 FEBRUARY 1974
OTTO REER
OBERAMTSRAT
LANDESPOLIZEI-INSPEKTION
SCHWEINFURT
GEORG UEBLER
OBERAMTSRAT
KRIMINALINSPEKTION SCHWEINFURT
GERMANY, FEDERAL REPUBLIC OF 27 MAR 1975 FLITE DOCUMENT NO. 7950026
LETTER OF AGREEMENT EXECUTED 27 MARCH 1975.
LETTER OF MUTUAL AGREEMENT AS TO ENTRY PROCEDURES OF GERMAN POLICE
ONTO US ARMY INSTALLATIONS IN WURZBURG.
AETSWRZ-CC
SUBJECT: LETTER OF MUTUAL AGREEMENT AS TO ENTRY PROCEDURES OF GERMAN
POLICE ONTO US ARMY INSTALLATIONS IN WURZBURG
1. PURPOSE: TO ESTABLISH POLICIES AND PROCEDURES UNDER WHICH GERMAN
POLICE ARE ALLOWED TO ENTER US ARMY KASERNES IN WURZBURG, GERMANY, AND
THE BUILDINGS THEREON. THIS INCLUDES LEIGHTON, HINDENBURG, EMERY, AND
FAULENBERG BARRACKS; US ARMY HOSPITAL, WURZBURG; AND THE RIVER
BUILDING.
2. SCOPE: THE POLICIES AND PROCEDURES CONTAINED HEREIN APPLY TO ALL
REQUESTS BY GERMAN POLICE FOR ENTRY ONTO US KASERNES IN WURZBURG FOR THE
PURPOSE OF CRIMINAL INVESTIGATION OR APPREHENSION.
3. POLICY: WHEN GERMAN POLICE ARE IN "HOT PURSUIT" OF FLEEING
SUSPECTS, THEY WILL BE ALLOWED IMMEDIATE ENTRY ONTO US ARMY
INSTALLATIONS IN WURZBURG. ALL OTHER ENTRIES WILL BE GRANTED UPON
REQUEST TO THE COMMANDER'S DESIGNEE WHEN THE ENTRY IS NECESSARY TO
PROTECT SUBSTANTIAL GERMAN INTERESTS. NO ENTRY WILL BE ALLOWED INTO
RESTRICTED OR SENSITIVE AREAS WITHOUT THE PERMISSION OF THE COMMUNITY
COMMANDER.
4. THE COMMANDER'S DESIGNEE WILL BE THE COMMUNITY COMMANDER'S
DIRECTOR FOR SECURITY (MP STATION COMMANDER, WURZBURG) DURING DUTY HOURS
AND THE INSTALLATION STAFF DUTY OFFICER DURING NON-DUTY HOURS.
5. PROCEDURES:
A. "HOT PURSUIT" CASES.
(1) "HOT PURSUIT" DESCRIBES THOSE INSTANCES WHEN GERMAN POLICE HAVE
OBSERVED THE COMMISSION OF A CRIME OR HAVE REASONABLE BELIEF THAT A
CRIME HAS OCCURRED, HAVE THE SUSPECT IN VIEW AND ARE IMMEDIATELY
PURSUING THE SUSPECT WHO FLEES ONTO A US ARMY INSTALLATION.
(2) WHEN IN "HOT PURSUIT", AS DEFINED ABOVE, THE GERMAN POLICE WILL
UTILIZE BLUE LIGHTS; PLAINCLOTHES GERMAN POLICE WILL IDENTIFY
THEMSELVES BY THEIR DIENSTMARKE (BADGE). US FORCES PERSONNEL GUARDING
THE ENTRANCE WILL NOT DETAIN THE GERMAN POLICE WHEN THE EMERGENCY
EQUIPMENT OR DIENSTMARKE IS BEING UTILIZED, BUT WILL IMMEDIATELY NOTIFY
THE NEAREST MOBILE MILITARY POLICE PATROL OF THE SITUATION AND WILL
NOTIFY ALL GATES SO THAT THE KASERNE CAN BE CLOSED IMMEDIATELY.
B. ALL OTHER CASES.
(1) IN ALL OTHER CASES, THE ENTRANCE GUARD WILL NOT ALLOW THE GERMAN
POLICE TO ENTER THE INSTALLATION UNTIL PERMISSION IS GRANTED BY THE
COMMANDER'S DESIGNEE. THE GUARD WILL IMMEDIATELY RELAY THE REQUEST FOR
ENTRY TO THE COMMANDER'S DESIGNEE FOR HIS DECISION.
(2) THE COMMANDER'S DESIGNEE SHOULD GRANT THE REQUEST FOR ENTRY
WHENEVER SUBSTANTIAL GERMAN INTERESTS ARE INVOLVED. "SUBSTANTIAL"
GERMAN INTERESTS INCLUDE THE FOLLOWING SITUATIONS:
(A) WHERE THE GERMAN AUTHORITIES HAVE PRIMARY JURISDICTION UNDER THE
NATO STATUS OF FORCES AGREEMENT.
(B) GERMAN PROPERTY IS THREATENED, DAMAGED, OR DESTROYED ON THE
INSTALLATION.
IN EACH CASE, THE COMMANDER'S DESIGNEE WILL WEIGH THE GERMAN
INTERESTS INVOLVED AGAINST THE DESIRABILITY OF AN INVESTIGATION BY
MILITARY POLICE OR US CRIMINAL INVESTIGATORS. ALL CRIMINAL
INVESTIGATIONS ON THE KASERNE WILL BE UNDER THE DIRECTION OF THE US
AUTHORITIES.
(3) WHEN THE REQUEST IS APPROVED BY THE COMMANDER'S DESIGNEE, GERMAN
POLICE WILL BE ACCOMPANIED AT ALL TIMES BY MILITARY POLICE.
C. SENSITIVE OR RESTRICTED AREAS.
(1) NO ENTRY WILL BE ALLOWED INTO AREAS, BUILDINGS OR PORTIONS OF
BUILDINGS WHICH ARE DESIGNATED RESTRICTED OR CONTAIN SENSITIVE MATERIAL,
UNLESS THE PERMISSION OF THE COMMUNITY COMMANDER IS OBTAINED.
(2) THIS PROHIBITION APPLIES TO ALL REQUESTED ENTRIES, INCLUDING "HOT
PURSUIT".
(3) SUCH PERMISSION WILL BE GRANTED ONLY IN ACCORDANCE WITH
APPLICABLE SECURITY REGULATIONS AND ONLY WHEN IT IS IMPOSSIBLE TO
OTHERWISE CONDUCT THE INVESTIGATIONS.
6. IN CASE OF CONFLICT BETWEEN THE ENGLISH TEXT AND THE GERMAN TEXT
OF THIS AGREEMENT, THE ENGLISH TEXT SHALL BE CONTROLLING.
7. THIS AGREEMENT SHALL BE IN EFFECT FOR ONE YEAR FROM THE DATE ALL
PARTIES HERETO HAVE SIGNED. IT MAY BE TERMINATED WITHOUT CAUSE BY ANY
PARTY UPON GIVING 30 DAYS WRITTEN NOTICE TO THE OTHER PARTY. IT MAY BE
TERMINATED IMMEDIATELY FOR CAUSE WHEN THE EXPRESSED TERMS OF THIS
AGREEMENT HAVE BEEN VIOLATED AND RECONCILIATION IS IMPOSSIBLE.
E. C. MEYER
MAJOR GENERAL, USA
COMMUNITY COMMANDER
GERMANY, FEDERAL REPUBLIC OF 17 NOV 1975 FLITE DOCUMENT NO. 7950025
LETTER OF AGREEMENT EXECUTED 17 NOVEMBER 1975.
LETTER OF MUTUAL AGREEMENT AS TO COOPERATION BETWEEN US MILITARY
POLICE AND GERMAN POLICE IN CASE OF DEMONSTRATION OR RIOTS.
AETBBDE-CCO
SUBJECT: LETTER OF MUTUAL AGREEMENT AS TO COOPERATION BETWEEN US
MILITARY POLICE AND GERMAN POLICE IN CASE OF DEMONSTRATIONS OR RIOTS
1. GENERAL.
AT DEMONSTRATIONS IN WHICH MEMBERS OF THE FORCE AND GERMAN NATIONALS
OR THIRD COUNTRY NATIONALS PARTICIPATE EITHER MILITARY POLICE OR THE
GERMAN POLICE MAY REQUEST ASSISTANCE FROM THE OTHER. SUCH A REQUEST
WILL BE COMPLIED WITH SO FAR AS THE OTHER SIDE IS ABLE, CONSIDERING THE
PERSONNEL AND EQUIPMENT AVAILABLE AND CONSIDERING THE LEGAL
JUSTIFICATION UPON WHICH THE REQUEST IS BASED.
2. PARTICULARS.
A. DEMONSTRATIONS WITHIN BARRACKS. IN CASE OF DEMONSTRATIONS OR
RIOTS INSIDE A US ARMY BARRACKS AREA, THE STATE POLICE WILL, UPON
REQUEST BY THE COMMUNITY COMMANDER OR INSTALLATION COORDINATOR, TAKE
MEASURES TO PREVENT SUCH PERSONS FROM ENTERING THE BARRACKS WHO ARE NOT
MEMBERS OF THE US FORCES OR THEIR DEPENDENTS. THE STATE POLICE WILL
INTERFERE INSIDE A US ARMY BARRACKS AREA ONLY UPON REQUEST BY MILITARY
AUTHORITIES LISTED ABOVE TO ASSIST IN TAKING STEPS AGAINST PERSONS NOT
UNDER MILITARY JURISDICTION.
B. DEMONSTRATIONS OUTSIDE OF US ARMY INSTALLATIONS. THE PRIMARY
RESPONSIBILITY FOR PREVENTING DEMONSTRATIONS FROM ENGAGING IN UNLAWFUL
ACTS RESTS WITH GERMAN POLICE AUTHORITIES. IN CASE OF A PUBLIC
DEMONSTRATION OR RIOT IN WHICH ONLY PERSONS UNDER US MILITARY
JURISDICTION ARE INVOLVED, THE GERMAN POLICE AUTHORITIES MAY REQUEST US
MILITARY AUTHORITIES TO TAKE NECESSARY MEASURES TO MAINTAIN OR RESTORE
PUBLIC ORDER AND DISCIPLINE. GERMAN POLICE AUTHORITIES WILL IN SUCH
CIRCUMSTANCES RENDER ASSISTANCE, ESPECIALLY BY TAKING NECESSARY STEPS
REGARDING TRAFFIC AND BY TAKING CARE THAT MILITARY AUTHORITIES WILL NOT
BE HINDERED FROM THEIR ACTIONS BY PERSONS NOT UNDER MILITARY
JURISDICTION. IN CASE OF A PUBLIC DEMONSTRATION OR RIOT IN WHICH
BESIDES MEMBERS OF THE US ARMY OTHER PERSONS PARTICIPATE, THE STATE
POLICE WILL FIRST OF ALL TAKE THE NECESSARY STEPS AGAINST THE PERSONS
NOT UNDER MILITARY JURISDICTION, WHILE THE MILITARY AUTHORITIES MAY BE
REQUESTED BY THE GERMAN POLICE AUTHORITIES TO TAKE STEPS AGAINST PERSONS
UNDER MILITARY JURISDICTION. IF THOSE PERSONS CANNOT BE DISTINGUISHED,
THE STATE POLICE AND THE MILITARY AUTHORITIES WILL ACT JOINTLY IN SUCH
CIRCUMSTANCES.
C. DEMONSTRATIONS IN THE US HOUSING AREA. THE MILITARY AUTHORITIES
HAVE THE DUTY TO PROTECT THE DWELLINGS OF THE MEMBERS OF THE US FORCES
AND OTHER US INSTALLATIONS UNDER THEIR COMPETENCE. IN ALL OTHER
RESPECTS PARAGRAPH 2 B APPLIES.
3. THIS AGREEMENT SHALL BE IN EFFECT FOR ONE YEAR FROM THE DATE ALL
PARTIES HERETO HAVE SIGNED. IT MAY BE TERMINATED WITHOUT CAUSE BY ANY
PARTY UPON GIVING 30 DAYS' WRITTEN NOTICE TO THE OTHER PARTY. IT MAY BE
TERMINATED IMMEDIATELY FOR CAUSE WHEN THE EXPRESS TERMS OF THIS
AGREEMENT HAVE BEEN VIOLATED AND RECONCILIATION IS IMPOSSIBLE.
ASCHAFFENBURG, 17. NOV. 1975
HERBERT KLAUS
OBERPOLIZEIRAT
LANDESPOLIZEIDIREKTION
ASCHAFFENBURG
GERMANY, FEDERAL REPUBLIC OF 17 NOV 1975 FLITE DOCUMENT NO. 7950024
LETTER OF AGREEMENT EXECUTED 17 NOVEMBER 1975.
LETTER OF MUTUAL AGREEMENT AS TO ENTRY PROCEDURES OF GERMAN POLICE
ONTO U.S. ARMY INSTALLATIONS IN ASCHAFFENBURG.
AETSBDE-CCO
SUBJECT: LETTER OF MUTUAL AGREEMENT AS TO ENTRY PROCEDURES OF GERMAN
POLICE ONTO U.S. ARMY INSTALLATIONS IN ASCHAFFENBURG
1. PURPOSE: TO ESTABLISH POLICIES AND PROCEDURES UNDER WHICH GERMAN
POLICE ARE ALLOWED TO ENTER U.S. ARMY KASERNES IN ASCHAFFENBURG,
GERMANY, AND THE BUILDINGS THEREON. THIS INCLUDES FIORI, GRAVES,
JAEGER, READY, AND SMITH BARRACKS, AND THE US ARMY SPECIAL SERVICES
SUPPORT CENTER, ASCHAFFENBURG.
2. SCOPE: THE POLICIES AND PROCEDURES CONTAINED HEREIN APPLY TO ALL
REQUESTS BY GERMAN POLICE FOR ENTRY ONTO US KASERNES IN ASCHAFFENBURG
FOR THE PURPOSE OF CRIMINAL INVESTIGATION OR APPREHENSION.
3. POLICY: WHEN GERMAN POLICE ARE IN "HOT PURSUIT" OF FLEEING
SUSPECTS, THEY WILL BE ALLOWED IMMEDIATE ENTRY ONTO US ARMY
INSTALLATIONS IN ASCHAFFENBURG. ALL OTHER ENTRIES WILL BE GRANTED UPON
REQUEST TO THE COMMANDER'S DESIGNEE WHEN THE ENTRY IS NECESSARY TO
PROTECT SUBSTANTIAL GERMAN INTERESTS. NO ENTRY WILL BE ALLOWED INTO
RESTRICTED OR SENSITIVE AREAS WITHOUT THE PERMISSION OF THE COMMUNITY
COMMANDER.
4. THE COMMANDER'S DESIGNEE WILL BE THE COMMUNITY COMMANDER'S
DIRECTOR OF SECURITY (MP STATION COMMANDER, ASCHAFFENBURG) DURING DUTY
HOURS AND THE INSTALLATION STAFF DUTY OFFICER DURING NON-DUTY HOURS.
5. PROCEDURES:
A. "HOT PURSUIT" CASES.
(1) "HOT PURSUIT" DESCRIBES THOSE INSTANCES WHEN GERMAN POLICE HAVE
OBSERVED THE COMMISSION OF A CRIME OR HAVE REASONABLE BELIEF THAT A
CRIME HAS OCCURRED, HAVE THE SUSPECT IN VIEW AND ARE IMMEDIATELY
PURSUING THE SUSPECT WHO FLEES ONTO A US ARMY INSTALLATION.
(2) WHEN IN "HOT PURSUIT", AS DEFINED ABOVE, THE GERMAN POLICE WILL
UTILIZE BLUE LIGHTS, PLAINCLOTHES GERMAN POLICE WILL IDENTIFY THEMSELVES
BY THEIR DIENSTMARKE (BADGE). US FORCES PERSONNEL GUARDING THE ENTRANCE
WILL NOT DETAIN THE GERMAN POLICE WHEN THE EMERGENCY EQUIPMENT OR
DIENSTMARKE IS BEING UTILIZED, BUT WILL IMMEDIATELY NOTIFY THE NEAREST
MOBILE MILITARY POLICE PATROL OF THE SITUATION AND WILL NOTIFY ALL GATES
SO THAT THE KASERNE CAN BE CLOSED IMMEDIATELY.
B. ALL OTHER CASES.
(1) IN ALL OTHER CASES, THE ENTRANCE GUARD WILL NOT ALLOW THE GERMAN
POLICE TO ENTER THE INSTALLATION UNTIL PERMISSION IS GRANTED BY THE
COMMANDER'S DESIGNEE. THE GUARD WILL IMMEDIATELY RELAY THE REQUEST FOR
ENTRY TO THE COMMANDER'S DESIGNEE FOR HIS DECISION.
(2) THE COMMANDER'S DESIGNEE SHOULD GRANT THE REQUEST FOR ENTRY
WHENEVER SUBSTANTIAL GERMAN INTERESTS ARE INVOLVED. "SUBSTANTIAL GERMAN
INTERESTS" INCLUDE THE FOLLOWING SITUATIONS:
(A) WHERE THE GERMAN AUTHORITIES HAVE PRIMARY JURISDICTION UNDER THE
NATO STATUS OF FORCES AGREEMENT.
(B) GERMAN PROPERTY IS THREATENED, DAMAGED, OR DESTROYED ON THE
INSTALLATION.
IN EACH CASE, THE COMMANDER'S DESIGNEE WILL WEIGH THE GERMAN
INTERESTS INVOLVED AGAINST THE DESIRABILITY OF AN INVESTIGATION BY
MILITARY POLICE OR US CRIMINAL INVESTIGATORS. ALL CRIMINAL
INVESTIGATIONS ON THE KASERNE WILL BE UNDER THE DIRECTION OF THE US
AUTHORITIES.
(3) WHEN THE REQUEST IS APPROVED BY THE COMMANDER'S DESIGNEE, GERMAN
POLICE WILL BE ACCOMPANIED AT ALL TIMES BY MILITARY POLICE.
C. SENSITIVE OR RESTRICTED AREA.
(1) NO ENTRY WILL BE ALLOWED INTO AREAS, BUILDINGS, OR PORTIONS OF
BUILDINGS WHICH ARE DESIGNATED RESTRICTED OR CONTAIN SENSITIVE MATERIAL,
UNLESS THE PERMISSION OF THE COMMUNITY LEADER IS OBTAINED.
(2) THIS PROHIBITION APPLIES TO ALL REQUESTED ENTRIES, INCLUDING "HOT
PURSUIT".
(3) SUCH PERMISSION WILL BE GRANTED ONLY IN ACCORDANCE WITH
APPLICABLE SECURITY REGULATIONS AND ONLY WHEN IT IS IMPOSSIBLE TO
OTHERWISE CONDUCT THE INVESTIGATION.
6. IN CASE OF CONFLICT BETWEEN THE ENGLISH TEXT AND THE GERMAN TEXT
OF THIS AGREEMENT, THE ENGLISH TEXT SHALL BE CONTROLLING.
7. THIS AGREEMENT SHALL BE IN EFFECT FOR ONE YEAR FROM THE DATE ALL
PARTIES HERETO HAVE SIGNED. IT MAY BE TERMINATED WITHOUT CAUSE BY ANY
PARTY UPON GIVING 30 DAYS' WRITTEN NOTICE TO THE OTHER PARTY. IT MAY BE
TERMINATED IMMEDIATELY FOR CAUSE WHEN THE EXPRESS TERMS OF THIS
AGREEMENT HAVE BEEN VIOLATED AND RECONCILIATION IS IMPOSSIBLE.
ASCHAFFENBURG, 17. NOV. 1975
HERBERT KLAUS
OBERPOLIZEIRAT
POLIZEIDIREKTION
ASCHAFFENBURG
GERMANY, FEDERAL REPUBLIC OF 8 JAN 1975 FLITE DOCUMENT NO. 7950023
LETTER OF AGREEMENT EXECUTED 8 JANUARY 1975.
LETTER OF MUTUAL AGREEMENT AS TO ENTRY PROCEDURES OF GERMAN POLICE
ONTO DALEY BARRACKS, BAD KISSINGEN, GERMANY.
AETSSFT-M
SUBJECT: LETTER OF MUTUAL AGREEMENT AS TO ENTRY PROCEDURE OF GERMAN
POLICE ONTO DALEY BARRACKS, BAD KISSINGEN, GERMANY
1. PURPOSE: TO ESTABLISH POLICIES AND PROCEDURES UNDER WHICH POLICE
AND OTHER LAW ENFORCEMENT AGENCIES OF THE FEDERAL REPUBLIC OF GERMANY
ARE PERMITTED TO ENTER UNITED STATES ARMY KASERNE, DALEY BARRACKS, BAD
KISSINGEN, GERMANY, BUILDINGS AND FACILITIES THEREON, TO INCLUDE THE US
ARMY DISPENSARY, OFFICER'S CLUB, BOQ, AND AIRFIELD. THIS AGREEMENT DOES
NOT INCLUDE SENSITIVE SECURITY AREAS, I.E. CLASSIFIED DOCUMENT STORAGE
ROOMS, AMMUNITION STORAGE SITES, ETC.
2. SCOPE: THE POLICIES AND PROCEDURES CONTAINED HEREIN APPLY TO ALL
REQUESTS BY POLICE AND OTHER LAW ENFORCEMENT AGENCIES OF THE FEDERAL
REPUBLIC OF GERMANY TO ENTER ONTO DALEY BARRACKS, BAD KISSINGEN,
GERMANY, AND ANY FACILITIES THEREON, FOR THE PURPOSE OF CRIMINAL
INVESTIGATION OR APPREHENSION.
3. POLICY: WHEN POLICE AND OTHER LAW ENFORCEMENT AGENCIES OF THE
FEDERAL REPUBLIC OF GERMANY ARE IN "HOT PURSUIT" OF FLEEING SUSPECTS,
THEY WILL BE GRANTED IMMEDIATE ENTRY ONTO DALEY BARRACKS, BAD KISSINGEN,
GERMANY. ALL OTHER ENTRIES WILL BE GRANTED UPON REQUEST TO THE
COMMANDER OR HIS DESIGNEE WHEN ENTRY IS NECESSARY TO PROTECT SUBSTANTIAL
WEST GERMAN INTERESTS. NO ENTRY WILL BE ALLOWED INTO RESTRICTED OR
SENSITIVE AREAS WITHOUT THE PERMISSION OF THE COMMUNITY COMMANDER.
4. THE COMMANDER'S DESIGNEE WILL BE THE DEPUTY COMMUNITY COMMANDER
AND THE MILITARY POLICE STATION COMMANDER, DALEY BARRACKS, BAD
KISSINGEN, GERMANY, DURING DUTY HOURS AND THE POST STAFF DUTY OFFICER
DURING NON-DUTY HOURS.
5. PROCEDURES:
A. "HOT PURSUIT" CASES.
(1) "HOT PURSUIT" DESCRIBES THESE INSTANCES WHEN POLICE AND OTHER LAW
ENFORCEMENT AGENCIES OF THE FEDERAL REPUBLIC OF GERMANY HAVE OBSERVED
THE COMMISSION OF A CRIME OR HAVE REASONABLE BELIEF THAT A PERSON HAS
COMMITTED A CRIME, AND HAS THE SUSPECT IN VIEW AND ARE IMMEDIATELY
PURSUING THE SUSPECT WHO FLEES ONTO DALEY BARRACKS, OR OTHER US
CONTROLLED FACILITIES, BAD KISSINGEN GERMANY.
(2) WHEN IN "HOT PURSUIT" AS DEFINED ABOVE, THE WEST GERMAN POLICE
WILL UTILIZE BLUE LIGHTS. THE AMERICAN MILITARY POLICEMAN GUARDING THE
ENTRANCE WILL NOT DETAIN THE GERMAN POLICE WHEN THE EMERGENCY EQUIPMENT
IS BEING UTILIZED, BUT WILL IMMEDIATELY NOTIFY THE NEAREST MOBILE
MILITARY POLICE PATROL OF THE SITUATION AND WILL NOTIFY ALL GATES SO
THAT THE KASERNE CAN BE CLOSED IMMEDIATELY. HE WILL ALSO ADVISE THE
COMMUNITY COMMANDER OR HIS DESIGNEE OF THE SITUATION IMMEDIATELY.
B. ALL OTHER CASES.
(1) IN ALL OTHER CASES, THE MILITARY POLICEMAN GUARDING THE ENTRANCE
WILL NOT ALLOW POLICE TO ENTER THE INSTALLATION UNTIL PERMISSION IS
GRANTED BY THE COMMUNITY COMMANDER OR HIS DESIGNEE. THE GUARD WILL
IMMEDIATELY RELAY THE REQUEST FOR ENTRY TO THE COMMANDER OR HIS DESIGNEE
FOR HIS DECISION.
(2) THE COMMANDER OR HIS DESIGNEE WILL GRANT THE REQUEST FOR ENTRY
WHENEVER SUBSTANTIAL WEST GERMAN INTERESTS ARE INVOLVED. "SUBSTANTIAL"
GERMAN INTERESTS INCLUDE THE FOLLOWING SITUATIONS:
(A) WHERE THE WEST GERMAN AUTHORITIES HAVE PRIMARY JURISDICTION UNDER
THE NATO STATUS OF FORCES AGREEMENT.
(B) WEST GERMAN PROPERTY IS THREATENED, DAMAGED, OR DESTROYED ON THE
INSTALLATION.
IN EACH CASE, THE COMMANDER OR HIS DESIGNEE WILL WEIGH THE WEST
GERMAN INTERESTS INVOLVED AGAINST THE DESIRABILITY OF AN INVESTIGATION
BY MILITARY POLICE OR US CRIMINAL INVESTIGATORS. ALL CRIMINAL
INVESTIGATIONS ON THE KASERNE WILL BE UNDER THE DIRECTION OF THE US
AUTHORITIES.
(3) WHEN THE REQUEST IS APPROVED BY THE COMMANDER OR HIS DESIGNEE THE
POLICE WILL BE ACCOMPANIED AT ALL TIMES BY US MILITARY POLICE.
C. SENSITIVE OR RESTRICTED AREAS.
(1) NO ENTRY WILL BE ALLOWED INTO AREAS, BUILDINGS, OR PORTIONS OF
BUILDINGS WHICH ARE DESIGNATED RESTRICTED OR CONTAIN SENSITIVE MATERIAL,
UNLESS THE PERMISSION OF THE COMMUNITY COMMANDER IS OBTAINED.
(2) THIS PROHIBITION APPLIES TO ALL REQUESTED ENTRIES, INCLUDING "HOT
PURSUIT".
(3) SUCH PERMISSION WILL BE GRANTED ONLY IN ACCORDANCE WITH
APPLICABLE SECURITY REGULATIONS AND ONLY WHEN IT IS IMPOSSIBLE TO
OTHERWISE CONDUCT THE INVESTIGATIONS.
6. IN CASE OF CONFLICT BETWEEN THE ENGLISH TEXT AND THE GERMAN TEXT
OF THIS AGREEMENT; THE ENGLISH TEXT SHALL BE CONTROLLING.
7. THIS AGREEMENT SHALL BE IN EFFECT FOR ONE YEAR FROM THE DATE ALL
PARTIES HERETO HAVE SIGNED. IT MAY BE TERMINATED WITHOUT CAUSE BY ANY
PARTY UPON GIVING 30 DAYS WRITTEN NOTICE TO THE OTHER PARTY. IT MAY BE
TERMINATED IMMEDIATELY FOR CAUSE WHEN THE EXPRESS TERMS OF THIS
AGREEMENT HAVE BEEN VIOLATED AND RECONCILIATION IS IMPOSSIBLE.
NOTE: THE BUILDINGS AND INSTALLATIONS INCLUDED IN DALEY BARRACKS, AS
MENTIONED IN PARAGRAPH 1, ARE ALSO TO BE INCLUDED IN PARAGRAPHS 2, 3,
AND 5 A(1).
BY ORDER
OTTO HLAWATSCH
POLIZEIAMTSRAT
LANDESPOLIZEISTATION
BAD KISSINGEN
GERMANY, FEDERAL REPUBLIC OF 28 FEB 1975 FLITE DOCUMENT NO. 7950022
LETTER OF AGREEMENT EXECUTED 28 FEBRUARY 1975.
LETTER OF MUTUAL AGREEMENT AS TO ENTRY PROCEDURES OF GERMAN POLICE
ONTO GIEBALSTADT BASE.
(DOCUMENT ILLEGIBLE)
GERMANY, FEDERAL REPUBLIC OF 1 SEP 1974 FLITE DOCUMENT NO. 7950021
AGREEMENT EXECUTED 1 SEPTEMBER 1974.
AGREEMENT TO FACILITATE THE EXPEDITIOUS DISPOSAL OF OFFENSES OF MINOR
IMPORTANCE IN CONNECTION WITH THE EXECUTION OF THE PROVISIONS OF ARTICLE
19 OF THE AGREEMENT TO SUPPLEMENT THE AGREEMENT BETWEEN THE PARTIES TO
THE NORTH ATLANTIC TREATY.
AGREEMENT BETWEEN THE LOCAL LIAISON AUTHORITY OF THE 3D US INFANTRY
DIVISION AND THE STAATSANWALTSCHAFTEN OF THE LANDGERICHTE ASCHAFFENBURG,
COBURG, MOSBACI, SCHWEINFURT AND WUERZBURG TO FACILITATE THE EXPEDITIOUS
DISPOSAL OF OFFENSES OF MINOR IMPORTANCE IN CONNECTION WITH THE
EXECUTION OF THE PROVISIONS OF ARTICLE 19 OF THE AGREEMENT TO SUPPLEMENT
THE AGREEMENT BETWEEN THE PARTIES TO THE NORTH ATLANTIC TREATY REGARDING
THE STATUS OF THEIR FORCES WITH RESPECT TO FOREIGN FORCES STATIONED IN
THE FEDERAL REPUBLIC OF GERMANY
- AGREEMENT TO EXECUTE THE ARTICLE 19 OF THE SUPPLEMENTARY AGREEMENT
TO THE NATO STATUS OF FORCES AGREEMENT -
1. IT IS HEREBY AGREED, BY AND BETWEEN THE UNDERSIGNED LOCAL LIAISON
AUTHORITY FOR THE LANDGERICHTE OF ASCHAFFENBURG, COBURG, MOSBACH,
SCHWEINFURT AND WUERZBURG AND THE STAATSANWALTSCHAFTEN FOR THOSE
LANDGERICHTE THAT THE FOLLOWING PROCEDURES WILL BE USED FOR THE
NOTIFICATIONS REQUIRED BY ARTICLE 19 OF THE AGREEMENT TO SUPPLEMENT THE
AGREEMENT BETWEEN THE PARTIES TO THE NORTH ATLANTIC TREATY REGARDING THE
STATUS OF THEIR FORCES WITH RESPECT TO FOREIGN FORCES STATIONED IN THE
FEDERAL REPUBLIC OF GERMANY, (HEREINAFTER REFERRED AS THE SUPPLEMENTARY
AGREEMENT), PURSUANT TO PARAGRAPH 7 OF THAT ARTICLE.
2. THE LOCAL LIAISON AUTHORITY HEREBY AGREES TO NOTIFY THE
STAATSANWALTSCHAFT OF THE APPROPRIATE LANDGERICHT OF INDIVIDUAL CASES
FALLING UNDER PARAGRAPH 1 OF ARTICLE 19, SUPPLEMENTARY AGREEMENT.
3. THE WORDS "AUTOMATIC WAIVER" WILL APPEAR CONSPICUOUSLY UPON
LETTERS OF NOTIFICATION FOR THE FOLLOWING TYPES OF CASES:
A. ALL TRAFFIC OFFENSES EXCEPT NEGLIGENT HOMICIDES;
B. ILLEGAL TRANSFER OF US TAX-FREE ITEMS TO NON-MEMBERS OF THE FORCE;
C. ASSAULTS OTHER THAN THOSE WHEREBY GRIEVOUS BODILY HARM IS
INFLICTED AND THOSE IN WHICH AN INSTRUMENT LIKELY TO PRODUCE GRIEVOUS
BODILY HARM IS USED;
D. INDECENT EXPOSURES;
E. LARCENY OF PRIVATE AND PUBLIC PROPERTY OF A VALUE OF LESS THAN DM
250.00;
F. POSSESSION OF UP TO TWENTY (20) GRAMS OF HASHISH OR MARIHUANA;
G. DISORDERLY CONDUCT INCLUDING:
(1) DESTRUCTION OF PRIVATE AND PUBLIC PROPERTY UP TO A VALUE OF DM
250.00;
(2) ENGAGING IN AN AFFRAY IN A PUBLIC PLACE;
(3) DISHONORABLE FAILURE TO PAY A JUST DEBT (INCLUDING LARCENY OF
SERVICES AND LARCENY BY TRICK UP TO DM 250.00);
(4) DISTURBING THE PEACE;
(5) COMMUNICATION OF A THREAT;
(6) ILLEGAL ENTRY.
4. THE UNDERSIGNED STAATSANWALTSCHAFTEN AGREE TO AUTOMATICALLY WAIVE
IN FAVOR OF THE UNITED STATES THEIR PRIMARY RIGHT GUARANTEED TO THE
GERMAN AUTHORITIES UNDER SUB-PARAGRAPH (B) OF PARAGRAPH 3, ARTICLE VII
OF THE NATO STATUS OF FORCES AGREEMENT IN THESE CASES DESCRIBED IN
PARAGRAPH 3 OF THIS AGREEMENT. NO RESPONSE BY GERMAN AUTHORITIES TO A
LETTER OF NOTIFICATION BEARING THE WORDS "AUTOMATIC WAIVER" WILL BE
REQUIRED TO ALLOW US AUTHORITIES TO GAIN THEIR RIGHT TO PROCEED IN THE
CASE.
5. IF, AFTER A REASONABLE TIME, A STAATSANWALTSCHAFT HAS NOT
RECEIVED A LETTER OF NOTIFICATION CONCERNING A CASE FALLING WITHIN THE
PROVISIONS OF ARTICLE 19 OF THE SUPPLEMENTARY AGREEMENT, THAT
STAATSANWALTSCHAFT AGREES TO COMMUNICATE THIS FACT, WITH A DESCRIPTION
OF THE CASE, TO THE LOCAL LIAISON AUTHORITY. UPON RECEIPT OF SUCH
COMMUNICATION THE LOCAL LIAISON AUTHORITY WILL PROMPTLY SUBMIT A LETTER
OF NOTIFICATION TO THE APPROPRIATE STAATSANWALTSCHAFT, INCLUDING THE
WORDS "AUTOMATIC WAIVER" IN APPROPRIATE CASES.
6. IF, UPON RECEIPT OF A LETTER OF NOTIFICATION BEARING THE WORDS
"AUTOMATIC WAIVER", THE APPROPRIATE STAATSANWALTSCHAFT HAS INFORMATION
INDICATING THAT THE CASE BEING REPORTED DOES NOT FALL WITHIN THE
CATEGORY OF CASES DESCRIBED IN PARAGRAPH 3 OF THIS AGREEMENT OR THE
STAATSANWALTSCHAFT INTENDS TO TAKE JURISDICTION ALTHOUGH PARAGRAPH 3 IS
APPLICABLE IN THE CASE, HE AGREES TO IMMEDIATELY COMMUNICATE THIS
DISPUTE TO THE LOCAL LIAISON AUTHORITY WITHIN 10 DAYS OF THE DATE SHOWN
ON THE LETTER OF NOTIFICATION. THE LOCAL LIAISON AUTHORITY AGREES TO
CONSIDER ANY SUCH DISPUTED CASE AS ONE FALLING OUTSIDE THE CATEGORY OF
CASES DESCRIBED IN PARAGRAPH 3 OF THIS AGREEMENT.
7. IN ALL CASES OTHER THAN THOSE LISTED IN PARAGRAPH 3 OF THIS
AGREEMENT, THE LOCAL LIAISON AUTHORITY AND THE UNDERSIGNED
STAATSANWALTSCHAFTEN AGREE TO RETAIN THE NOTIFICATION PROCEDURES IN
EFFECT AT THE TIME OF THEIR RESPECTIVE SIGNATURES TO THIS LOCAL
AGREEMENT.
8. THIS AGREEMENT BECOMES EFFECTIVE ON 1 SEPTEMBER 1974.
FOR THE STAATSANWALTSCHAFT ASCHAFFENBURG
ERSTER STAATSANWALT
FOR THE STAATSANWALTSCHAFT COBURG
FOR THE STAATSANWALTSCHAFT MOSBACH
FOR THE STAATSANWALTSCHAFT SCHWEINFURT
FOR THE STAATSANWALTSCHAFT WHERZBURG
GERMANY, FEDERAL REPUBLIC OF 5 JAN 1976 FLITE DOCUMENT NO. 7950020
TRANSPORTATION LICENSE EXECUTED 5 JANUARY 1976; EFFECTIVE 1 JANUARY
1976.
TRANSPORTATION LICENSE TO OPERATE AND MAINTAIN A MOTOR TRANSPORTATION
SERVICE ON CONN AND LEDWARD BARRACKS SCHWEINFURT.
NAME OF LICENSEE PERIOD BEGINNING ENDING
TAXI RUF E.G. SCHWEINFURT 1 YEAR 1 JAN 76 31 DEC 76
INSTALLATION
CONN AND LEDWARD BARRACKS SCHWEINFURT
THE ABOVE NAMED IS HEREBY GRANTED A LICENSE FOR THE PERIOD STATED,
BUT REVOCABLE AT WILL BY THE COMMUNITY COMMANDER, TO OPERATE AND
MAINTAIN A MOTOR TRANSPORTATION SERVICE ON THE ABOVE INSTALLATIONS.
THIS LICENSE IS GRANTED SUBJECT TO THE FOLLOWING PROVISIONS AND
CONDITIONS:
1. THAT THE LICENSEE SHALL OPERATE AND MAINTAIN AN ADEQUATE AND
SUITABLE TRANSPORTATION SERVICE, SATISFACTORY TO THE COMMUNITY COMMANDER
OF SAID RESERVATIONS, WITHOUT COSTS OR EXPENSE TO THE UNITED STATES,
OVER SUCH ROADS AND UPON SUCH SCHEDULES AND WITH SUCH STOPS ON SAID
RESERVATIONS FOR THE DISCHARGE AND LOADING OF PASSENGERS AS MAY BE
APPROVED BY THE SAID COMMUNITY COMMANDER OR OTHER COMPETENT MILITARY
AUTHORITY.
2. THAT THE VEHICLES OPERATED SHALL BE MODERN, EQUIPPED WITH
PNEUMATIC TIRES, KEPT CLEAN, IN GOOD REPAIR, WELL VENTILATED AND
PROPERLY HEATED, AND OTHERWISE SUBJECT TO THE APPROVAL OF THE SAID
COMMUNITY COMMANDER AND SHALL BE OPERATED BY COMPETENT AND CAREFUL
DRIVERS. THE COMMUNITY COMMANDER MAY REQUIRE THE LICENSEE TO REMOVE
FROM OPERATION ON SAID RESERVATIONS ANY VEHICLE, EQUIPMENT, OR PERSONNEL
NOT DEEMED BY HIM TO BE SATISFACTORY.
3. THAT THE RATES AND FARES SHALL BE AS MUTUALLY AGREED UPON FROM
TIME TO TIME BY THE SAID COMMUNITY COMMANDER OR OTHER COMPETENT MILITARY
AUTHORITY AND THE LICENSEE, PROVIDED THAT SUCH RATES AND FARES SHALL NOT
EXCEED THESE PRESCRIBED BY COMPETENT AUTHORITY PURSUANT TO LAW.
4. THAT THE LICENSEE AND THE AGENTS AND EMPLOYEES OF THE LICENSEE
SHALL OBSERVE AND COMPLY WITH ALL RULES AND REGULATIONS NOW IN FORCE ON
SAID RESERVATIONS OR THAT MAY BE HEREAFTER PRESCRIBED BY THE SAID
COMMUNITY COMMANDER OR OTHER COMPETENT MILITARY AUTHORITY.
5. THAT THE PRIVILEGE HEREIN GRANTED SHALL NOT BE CONSTRUED TO
PREVENT THE FURNISHING OF TRANSPORTATION SERVICES BY SUCH OTHER PERSONS
OR COMPANIES AS MAY BE AUTHORIZED BY THE COMMUNITY COMMANDER.
6. THAT THE LICENSEE SHALL CARRY AND KEEP IN FORCE INSURANCE IN SUCH
AMOUNT AND IN SUCH RESPONSIBLE COMPANY AS IS REQUIRED BY GERMAN LAW,
COVERING LIABILITY FOR INJURY TO PERSONS AND DAMAGES TO PROPERTY IN THE
OPERATION AND MAINTENANCE OF SAID SERVICES.
7. THAT ANY PROPERTY OF THE UNITED STATES DAMAGED OR DESTROYED BY
THE LICENSEE INCIDENT TO THE EXERCISE OF THE PRIVILEGES HEREIN GRANTED
SHALL BE PROMPTLY REPAIRED OR REPLACED BY THE LICENSEE TO THE
SATISFACTION OF THE SAID COMMUNITY COMMANDER, OR IN LIEU OF SUCH REPAIR
OR REPLACEMENT THE LICENSEE SHALL, IF SO REQUIRED BY THE SAID COMMUNITY
COMMANDER PAY TO THE UNITED STATES MONEY IN AN AMOUNT SUFFICIENT TO
COMPENSATE FOR THE LOSS SUSTAINED BY THE UNITED STATES BY REASON OF
DAMAGE TO OR DESTRUCTION OF GOVERNMENT PROPERTY.
8. THAT THE UNITED STATES SHALL NOT BE RESPONSIBLE FOR DAMAGES TO
PROPERTY OR INJURIES TO PERSONS WHICH MAY ARISE FROM OR BE INCIDENT TO
THE EXERCISE OF THE PRIVILEGES HEREIN GRANTED, OR FOR DAMAGE TO THE
PROPERTY OF THE LICENSEE, OR FOR INJURIES TO THE PERSON OF THE LICENSEE
(IF AN INDIVIDUAL), OR FOR DAMAGES TO THE PROPERTY OR INJURIES TO THE
PERSON OF THE LICENSEE'S OFFICERS, AGENTS, SERVANTS OR EMPLOYEES, OR
OTHERS WHO MAY BE ON SAID PREMISES AT THEIR INVITATION OR THE INVITATION
OF ANY ONE OF THEM, ARISING FROM GOVERNMENTAL ACTIVITIES ON THE SAID
PREMISES, AND THE LICENSEE SHALL HOLD THE UNITED STATES HARMLESS FROM
ANY AND ALL SUCH CLAIMS.
9. THAT, SHOULD THE LICENSEE DESIRE TO RELINQUISH THIS LICENSE AND
DISCONTINUE THE OPERATION OF THE SAID SERVICE, A WRITTEN NOTICE OF NOT
LESS THAN SIXTY (60) DAYS SHALL BE GIVEN TO THE SAID COMMUNITY
COMMANDER.
10. THAT, ON OR BEFORE THE DATE OF EXPIRATION OR RELINQUISHMENT OF
THIS LICENSE, THE LICENSEE SHALL VACATE SAID RESERVATIONS AND REMOVE ALL
PROPERTY OF THE LICENSEE THEREFROM. IF, HOWEVER, THIS LICENSE IS
REVOKED, THE LICENSEE SHALL VACATE SAID RESERVATIONS AND REMOVE SAID
PROPERTY WITHIN SUCH TIME AS THE COMMUNITY COMMANDER MAY DESIGNATE. IN
EITHER EVENT IF THE LICENSEE SHALL FAIL OR NEGLECT TO REMOVE SAID
PROPERTY, THEN, AT THE OPTION OF THE COMMUNITY COMMANDER SAID PROPERTY
SHALL EITHER BECOME THE PROPERTY OF THE UNITED STATES WITHOUT
COMPENSATION THEREFOR, OR THE COMMUNITY COMMANDER MAY CAUSE SAID
PROPERTY TO BE REMOVED AT THE EXPENSE OF THE LICENSEE, AND NO CLAIM FOR
DAMAGE AGAINST THE UNITED STATES, OR ITS OFFICERS OR AGENTS, SHALL BE
CREATED OR MADE ON ACCOUNT THEREOF.
11. NOTHING HEREIN CONTAINED SHALL BE CONSTRUED TO BE IN DEROGATION
OF THE RIGHTS AND REMEDIES AFFORDED AGGRIEVED PARTIES UNDER SUCH
STATUTES AS HAVE BEEN ENACTED BY THE US GOVERNMENT PERTAINING TO CLAIMS
AGAINST THE US GOVERNMENT ARISING IN FOREIGN COUNTRIES.
12. IN THE EVENT OF DISPUTES, THE ENGLISH VERSION OF THIS AGREEMENT
WILL GOVERN.
IN WITNESS WHEREOF I HAVE HEREUNTO SET MY HAND THIS 5 DAY OF JAN 1976
(NAME ILLEGIBLE).
THE ABOVE LICENSE, TOGETHER WITH ALL THE PROVISIONS AND CONDITIONS
THEREOF, IS HEREBY ACCEPTED THIS 5 DAY OF JAN 1976.
1. PURPOSE: THE PURPOSE OF THESE SUPPLEMENTAL NOTES IS TO ESTABLISH
THE POLICIES AND PROCEDURES INCIDENT TO THE GRANTING OF A REVOCABLE
LICENSE FOR ON POST TAXI SERVICE AT CONN AND LEDWARD BARRACKS BY THE US
ARMY TO THE TAXI RUF E.G. SCHWEINFURT.
2. DEFINITIONS:
A. TAXI RUF E.G. SCHWEINFURT. THOSE TAXIS AND DRIVERS BELONGING TO
THE ASSOCIATION KNOWN AS TAXI RUF E.G. SCHWEINFURT.
B. REAL PROPERTY FACILITIES. A SEPARATE INDIVIDUAL BUILDING,
STRUCTURE, TOWER, ETC., UTILITY SYSTEM, STREETS, SIDEWALKS, IMPROVED
GROUNDS, OR ANY PROPERTY UNDER US ARMY CONTROL.
C. CONN BARRACKS - LIMITED TO THE AREAS AS DEFINED BY INCLOSURE 1.
D. LEDWARD BARRACKS - LIMITED TO THE AREAS AS DEFINED BY INCLOSURE 2.
3. RESPONSIBILITIES:
A. THIS AGREEMENT APPLIES TO CONN AND LEDWARD BARRACKS.
B. THE TAXI RUF E.G. WILL BE PERMITTED TO OPERATE A TAXI STAND WITH A
TELEPHONE AT CONN AND LEDWARD BARRACKS FROM 0800 - 1900 HOURS DAILY.
C. ALL COSTS FOR THE INSTALLATION, MAINTENANCE, SERVICING, REPAIRS,
OR ANY OTHER INCIDENTAL COSTS INCURRED BY THE TAXI RUF E.G. IN
ESTABLISHING THIS TAXI STAND WILL BE BORNE BY THEM.
D. ALL CHANGES, ALTERATIONS AND MODIFICATIONS WILL BE DONE ONLY WITH
THE APPROVAL OF THE COMMUNITY COMMANDER AND FACILITIES ENGINEER.
E. THE RESTORATION OR PAYMENTS OF THE COSTS OF RESTORATION FOR ANY
DAMAGES THAT ARE INCURRED TO ANY OF THE REAL PROPERTY FACILITIES IN CONN
AND LEDWARD BARRACKS IS THE RESPONSIBILITY OF THE VEHICLE CAUSING THE
DAMAGE.
F. CLAIMS BY THIRD PARTIES ARISING FROM USE OF CONN AND LEDWARD
BARRACKS BY TAXI RUF E.G. WILL BE THE RESPONSIBILITY OF THE VEHICLE THAT
GAVE OCCASION TO THOSE CLAIMS.
G. ANY TAXI RUF E.G. CAB WHOSE DRIVER HAS A VALID PASS IS PERMITTED
ENTRY TO CONN AND LEDWARD BARRACKS FOR THE PURPOSE OF PICKING UP OR
DISCHARGING US ARMY PERSONNEL AND DEPENDENTS.
H. ALL DRIVERS MUST SHOW PROPER IDENTIFICATION AND PASS TO THE
MILITARY POLICE/UNIT POLICE.
I. ALL PASSENGERS MUST SHOW THE PROPER IDENTIFICATION, TO INCLUDE
PASS WHEN APPLICABLE.
J. TAXI RUF E.G. CABS AND DRIVERS ARE SUBJECT TO SEARCH WHILE ON POST
AND WHEN ENTERING OR LEAVING CONN AND LEDWARD BARRACKS.
K. OPERATION OF TAXI RUF E.G. CABS WILL BE IN FULL COMPLIANCE WITH
CURRENT GERMAN LAWS AND REGULATIONS FOR TAXI VEHICLE.
L. TAXI DRIVERS MAY REFUSE TRANSPORTATION TO US PERSONNEL WHO ARE
INTOXICATED BEYOND CONTROL OR THOSE WHO ACT SUSPICIOUS AND ARE LIKELY TO
CAUSE INCIDENTS OR CRIMES. TAXI DRIVERS WILL NOT REFUSE TRANSPORTATION
TO US PERSONNEL BASED SOLELY UPON RACE, COLOR, OR CREED, AND IF SUCH
DISCRIMINATORY PRACTICES ARE DULY ESTABLISHED, THOSE TAXI RUF E.G.
PERSONNEL RESPONSIBLE THEREFOR, WILL, UPON FORMAL REQUEST IN WRITING
MADE BY THE COMMUNITY COMMANDER SUBSTANTIATING THE INCIDENT OR
INCIDENTS, IMMEDIATELY HAVE THEIR PERMITS REVOKED AND RETURNED AND WILL
HENCEFORTH BE EXCLUDED FROM INSTALLATIONS IN QUESTION. INSTALLATION
PASSES WILL BE DISPLAYED IN THE UPPER CENTER OF THE WINDSHIELD IN FRONT
OF THE REAR-VIEW MIRROR.
M. THIS AGREEMENT MAY BE TERMINATED BY ANY OF THE FOLLOWING:
(1) COMMUNITY COMMANDER SCHWEINFURT
(2) TAXI RUF E.G. SCHWEINFURT
N. TAXI RUF E.G. WILL BE RESPONSIBLE FOR THE INSTRUCTION OF ALL
PERSONNEL CONCERNING THE CONDITIONS SET FORTH IN THIS AGREEMENT.
O. TAXI RUF E.G. WILL FURNISH PASSES, WHICH WILL BE SIGNED BY THE
DIRECTOR, CIVIL MILITARY AFFAIRS, ONLY TO THOSE DRIVERS WHO ARE
AUTHORIZED BY THE TAXI RUF E.G. AND HAVE BEEN CLEARED THROUGH A CENTRAL
REGISTRY CHECK.
P. TAXI RUF E.G. WILL SUPPLY A LIST OF ALL DRIVERS AUTHORIZED BY THEM
TO DRIVE THEIR CABS. THIS LIST WILL INCLUDE THE FOLLOWING INFORMATION
ABOUT EACH DRIVER:
LAST, FIRST, MIDDLE NAME
OTHER NAMES
DATE OF BIRTH, PLACE OF BIRTH
PRESENT ADDRESS, NATIONALITY
HEIGHT, WEIGHT, HAIR, EYES, SEX
SCARS, NAME OF SPOUSE, (MAIDEN NAME, FIRST & MIDDLE NAME)
OCCUPATION, IDENTIFICATION DOCUMENT NUMBER
Q. TAXI RUF E.G. WILL BE RESPONSIBLE FOR THE IMMEDIATE RETURN TO
CIVIL MILITARY AFFAIRS OF PASSES ISSUED TO ANY DRIVER WHOSE EMPLOYMENT
IS TERMINATED OR IS OTHERWISE RELEASED BY THEM.
R. TAXI RUF E.G. PERSONNEL DISREGARDING THE CONDITIONS SET FORTH IN
THIS AGREEMENT ARE SUBJECT TO THE WITHDRAWAL OF THEIR PASS BY THE
COMMUNITY COMMANDER.
S. ALL PASSES TERMINATED FOR REASONS STATED IN PARAGRAPHS 3Q AND 3R
MUST BE COLLECTED BY THE TAXI RUF E.G. AND RETURNED TO CIVIL MILITARY
AFFAIRS WITHIN THREE WORKING DAYS AFTER TERMINATION.
T. OPERATIONAL REQUIREMENTS:
(1) TAXI STANDS WILL BE LOCATED AS SHOWN IN INCLOSURES 1 AND 2.
STANDS WILL BE OPERATIONAL FROM 0800 - 1900 HOURS DAILY.
(2) SIX CABS ONLY FROM TAXI RUF E.G. WILL BE ALLOWED AT A TAXI STAND
AT ANY ONE TIME.
(3) ALL CABS WILL BE ALLOWED TO DISCHARGE PASSENGERS AT THESE POINTS
BUT ONLY PRESCRIBED NUMBER WILL BE ALLOWED TO STAND.
(4) ONLY DESIGNATED ROUTES WILL BE USED. ALL OTHER ROADS WILL BE
"OFF-LIMITS" TO CABS.
(5) ONLY IN THE EVENT OF MEDICAL EMERGENCY WILL CABS BE ALLOWED TO
ALTERNATE (DATA ILLEGIBLE).
(6) NO CHARGE WILL BE INCURRED IN THE EVENT THAT ANY PERSON IS DENIED
PERMISSION TO EXIT CONN OR LEDWARD BARRACKS.
(7) FLAT RATE CHARGES FOR PASSENGERS WITHIN THE CITY BOUNDARIES ARE
PROHIBITED.
(8) DOLLAR EXCHANGE WILL BE CONDUCTED ACCORDING TO THE EXCHANGE RATE
OF ANY GIVEN DAY AND WILL NOT DEVIATE MORE THAN 10 PFENNINGS UNDER THE
EXCHANGE RATE IN EFFECT ON THE DAY OF EXCHANGE.
(9) TAXI DRIVERS WILL NOT BE SUPPORTED BY THE SCHWEINFURT MILITARY
COMMUNITIES IN COLLECTING MONIES FOR CREDIT GIVEN TO PASSENGERS.
(10) TAXI DRIVERS WILL OBSERVE ALL TRAFFIC REGULATIONS IN CONN AND
LEDWARD BARRACKS AND IN ASKREN MANORS HOUSING AREA, IN PARTICULAR TO
SPEED LIMIT, WHILE ON POST. THE PASSING OF STOPPED SCHOOL BUSES IS
PROHIBITED. TAXI DRIVERS ARE SUBJECT TO MP CONTROL AND DIRECTIVES.
VIOLATIONS OF THESE SPEED LIMITS AND DIRECTIVES WILL RESULT IN THE
OFFENDING DRIVER'S PASS BEING REVOKED.
U. TAXI REQUIREMENTS
(1) TAXI RUF E.G. CABS MUST CARRY THE SIGN "TAXI" ON THE VEHICLE.
(2) ALL CABS MUST BE EQUIPPED WITH A METER.
V. TAXI RUF E.G. IS NOT OBLIGED TO ANY GRATUITY OR FUNDS OR SERVICE
TO ANY PERSON OR ORGANIZATION AFFILIATED WITH THE US ARMY BY REASONS OF
THIS AGREEMENT.
W. THE FEDERAL REPUBLIC OF GERMANY, AS THE PROPERTY OWNER, IS
EXCLUDED FROM LIABILITY FOR ALL PERSONAL AND PROPERTY DAMAGES WHICH
OCCUR THROUGH THE USE OF THE KASERNE AREAS BY VEHICLES OF THE TAXI RUF
E.G. SCHWEINFURT.
X. THE UNITED STATES ARMY AS THE PROPERTY CONTROLLER IS EXCLUDED FROM
LIABILITY FOR ALL PERSONAL AND PROPERTY DAMAGES WHICH OCCUR THROUGH THE
USE OF THE KASERNE AREAS BY VEHICLES OF THE TAXI RUF E.G. SCHWEINFURT.
Y. THE NOTE IN ENGLISH (OUTLINED BELOW), WILL BE VISIBLE TO THE
PASSENGERS IN THE TAXI.
IF YOU HAVE ANY QUESTIONS REGARDING THE FARE YOU WERE CHARGED YOU ARE
TO DO THE
FOLLOWING: 1. ASK THE DRIVER FOR A RECEIPT. 2. NOTE THE PLACE YOU
DEPARTED AND WHERE YOU
ARRIVED. 3. REPORT TO YOUR COMMANDING OFFICER YOUR COMPLAINT. 4.
DO NOT ARGUE WITH THE TAXI
DRIVER...
Z. IN THE EVENT OF DISPUTES, THE ENGLISH VERSION OF THIS AGREEMENT
WILL GOVERN.
GERMANY, FEDERAL REPUBLIC OF 20 JAN 1975 FLITE DOCUMENT NO. 7950019
LETTER OF UNDERSTANDING EXECUTED 20 JANUARY 1974.
LETTER OF UNDERSTANDING REGARDING ENTRY OF GERMAN POLICE AUTHORITIES
ONTO FLINT KASERNE, BAD TOELZ, GERMANY.
AETSBDT-CC
LETTER OF UNDERSTANDING REFERENCE: ENTRY OF GERMAN POLICE
AUTHORITIES ONTO FLINT KASERNE, BAD TOELZ, GERMANY
1. REFERENCES:
A. ART VII (10), NATO STATUS OF FORCES AGREEMENT (SOFA)
B. ART 53, NATO SOFA SUPPLEMENT AGREEMENT
C. PARA 1-15, AR 210-10
D. LETTER, HQS USAREUR & 7TH ARMY, DATED 6 AUGUST 1974, SUBJECT:
ENTRY OF GERMAN POLICE
INTO US INSTALLATIONS.
2. GERMAN POLICE AUTHORITIES ARE AUTHORIZED TO ENTER FLINT KASERNE
TO PROTECT GERMAN INTERESTS SUBJECT TO THE FOLLOWING PRINCIPLES AND
CONDITIONS. GERMAN INTERESTS INCLUDING PROTECTION OF PERSONS OR
PROPERTY, THE PURSUIT OF FLEEING INDIVIDUALS, THE PREVENTION OF CRIME
AND THE INVESTIGATION OF CRIMINAL ACTS.
3. FOR ROUTINE MATTERS, AND IF TIME PERMITS, GERMAN POLICE
AUTHORITIES WILL CONTACT THE MILITARY POLICE TO COORDINATE THEIR
BUSINESS ON THE INSTALLATION.
4. IF TIME PERMITS AND IT IS NOT AN EMERGENCY SITUATION THE GERMAN
POLICE WILL REQUEST THE LOCAL MILITARY POLICE STATION COMMANDER TO
COORDINATE WITH THE COMMUNITY COMMANDER AND APPROPRIATE UNIT COMMANDER
TO PAVE THE WAY FOR UNRESTRICTED ENTRY INTO FLINT KASERNE IN ORDER TO
CONDUCT THEIR BUSINESS AND PRECLUDE FOR MISUNDERSTANDING AND COMPLAINT
AT SOME LATER DATE.
5. THE EXCEPTION TO THE RULE FOR GERMAN POLICE ENTERING ONTO FLINT
KASERNE WITHOUT PRIOR CONTACT WITH THE MILITARY POLICE IS IN THE CASE OF
"HOT PURSUIT" (PURSUIT OF FLEEING INDIVIDUALS IN ACCORDANCE WITH PARA 2,
THIS DOCUMENT), HOWEVER, AS SOON AS THE SITUATION IS UNDER CONTROL, A
FULL REPORT WILL BE MADE TO THE COMMUNITY COMMANDER OR THE MILITARY
POLICE.
6. ONCE ON THE KASERNE, ENTRY INTO ANY UNIT BILLETS, OTHER THAN IN
THE CASE OF "HOT PURSUIT", WILL BE WITH THE EXPLICIT PERMISSION OF THE
COMMANDER CONCERNED OR HIS REPRESENTATIVE.
7. THE SOLE AND FINAL JUDGE WHETHER GERMAN POLICE AUTHORITIES MAY
ENTER "RESTRICTED" AREAS RESTS WITH THE COMMANDER OR HIS DESIGNATED
REPRESENTATIVE RESPONSIBLE FOR THAT AREA. "RESTRICTED" AREA IN THE
CONTEXT OF THIS LETTER IS INTERPRETED TO MEAN AN ACTUAL RESTRICTED AREA
PREFERABLY OF LONG STANDING AND NOT ONE WAS MANUFACTURED TO HINDER THE
POLICE AUTHORITIES FROM COMPLETING THEIR MISSION AS INTENDED IN THE
REFERENCED AGREEMENT.
8. THE COMMUNITY COMMANDER, UNIT COMMANDER, AND MILITARY POLICE WILL
ASSIST THE GERMAN POLICE AUTHORITIES IN ANY WAY POSSIBLE TO IDENTIFY AND
BRING TO JUSTICE KNOWN OR SUSPECTED CRIMINALS, KEEPING IN MIND THE
RIGHTS THE INDIVIDUAL SOLDIER ENJOYS UNDER THE US SYSTEM OF
JURISPRUDENCE.
9. REQUESTS FOR A LINE-UP AND REQUESTS TO SEARCH A SUSPECT'S ROOM
WILL BE GIVEN PROMPT CONSIDERATION BY COMMANDERS, ASSURING THAT ALL
INDIVIDUALS' RIGHTS AND PRIVILEGES ARE PROTECTED. REQUESTS WILL ONLY BE
DENIED WHEN COGENT REASONS EXIST.
10. CONTROVERSIES WHICH ARISE RELATIVE TO LINE-UPS, SEARCHES OR
GERMAN POLICE ENTERING ONTO FLINT KASERNE THAT CANNOT BE RESOLVED
BETWEEN MILITARY POLICE AND GERMAN POLICE AUTHORITIES WILL BE
IMMEDIATELY BROUGHT TO THE ATTENTION OF THE COMMUNITY COMMANDER OR HIS
REPRESENTATIVE.
11. WHEN DOUBT ARISES ABOUT THE INTERPRETATION OF A PROVISION IN
THIS LETTER, THE ENGLISH TEXT IS DECISIVE.
FRANZ STANGL
POLIZZEIAMTSRAT
CHEF DER LP-INSPEKTION
BAD TOELZ-WOLFRATSHAUSEN
GERMANY, FEDERAL REPUBLIC OF 10 SEP 1974 FLITE DOCUMENT NO. 7950018
AGREEMENT EXECUTED 2 AUGUST, 25 AUGUST, AND 10 SEPTEMBER 1974.
AGREEMENT REGARDING JOINT USE FOR RAILSIDING AT RHEIN ORDNANCE
BARRACKS, KAISERSLAUTERN.
THE FEDERAL REPUBLIC OF GERMANY, REPRESENTED BY THE FEDERAL MINISTER
OF FINANCE, WHO IS REPRESENTED BY THE SUPERIOR FINANCE PRESIDENT OF THE
SUPERIOR FINANCE DIRECTION - KOBLENZ, WHO, IN TURN, IS REPRESENTED BY
THE CHIEF OF THE FEDERAL ASSETS OFFICE, KAISERSLAUTERN,
THE US FORCES IN EUROPE, REPRESENTED BY THE DEPUTY CHIEF OF STAFF FOR
LOGISTICS (DCSLOG), HQ USAREUR AND SEVENTH ARMY, APO 09403,
THE CITY OF KAISERSLAUTERN, REPRESENTED BY THE REAL ESTATE OFFICE
(LIEGENSCHAFTSAMT) KAISERSLAUTERN,
THE FIRM MECHEL, KAISERSLAUTERN,
1. OBJECT OF THE AGREEMENT IS TO PROVIDE FOR:
A. CONSTRUCTION OF A BRANCH RAILROAD TRACK BY THE FIRM, BRANCHING OFF
THE US FORCES CONTROLLED TRACK LEADING TO RHEIN ORDNANCE BARRACKS, AS
SHOWN IN RED-BLACK ON THE ATTACHED MAP, WHICH IS PART OF THIS AGREEMENT
AS ANNEX "A".
B. CO-UTILIZATION AND COST SHARING BY THE FIRM FOR MAINTENANCE AND
REPAIR OF THE US FORCES CONTROLLED TRACKAGE, AS SHOWN IN YELLOW ON THE
MAP, WHICH IS TO BE JOINTLY USED BY THE FIRM.
2. THE FRG AND THE US FORCES HEREBY AUTHORIZE THE FIRM TO CONSTRUCT
THE BRANCH SPUR TRACK AS DESCRIBED IN PARAGRAPH 1A, ABOVE, AND AS SHOWN
IN RED-BLACK ON THE ATTACHED MAP, AT THE FIRM'S OWN EXPENSE AND AT NO
COST TO THE US FORCES, UNDER THE FOLLOWING CONDITIONS:
A. THE INTERFERENCE WITH THE US TRAFFIC WILL BE KEPT TO A MINIMUM
DURING THE CONSTRUCTION. IF DURING THE CONSTRUCTION TRAFFIC MUST BE
INTERRUPTED, THE US FORCES WILL BE INFORMED 15 DAYS IN ADVANCE, IN
WRITING OF THE DURATION OF THE INTERRUPTION.
B. THE CONSTRUCTION OF THE BRANCH TRACK WILL BE IN ACCORDANCE WITH
THE BUNDESBAHN STANDARDS. REPAIR, MAINTENANCE, AND REPLACEMENT OF THE
SWITCH CONNECTING THE NEW TRACK TO THE US BRANCH LINE WILL BE PERFORMED
AT NO COST TO THE US FORCES.
C. APPROVAL FROM THE BUNDESBAHN AND FROM ANY OTHER REQUIRED GERMAN
AUTHORITY WILL BE OBTAINED BY THE FIRM PRIOR TO STARTING THE
CONSTRUCTION.
D. THE FIRM SHALL BE RESPONSIBLE AND LIABLE FOR ANY DAMAGES TO
PERSONS OR PROPERTY DURING THE CONSTRUCTION, AS WELL AS FOR CLAIMS BY
THIRD PARTIES, ARISING THEREFROM AND CAUSED BY THE FIRM.
E. THE CONSTRUCTION OF THE BRANCH TRACKAGE AFFECTS APPROXIMATELY 750
METERS OF US COMMUNICATIONS CABLE #USC-67A, WHICH IS A PRINCIPAL 200
PAIR TIE CABLE BETWEEN RHEIN ORDNANCE BARRACKS, LANDSTUHL AND MIESAU.
RELOCATION OF THE US COMMUNICATION CABLE IS SUBJECT TO ACCEPTANCE OF THE
FOLLOWING CONDITIONS BY THE CITY:
(1) RELOCATION IS TO BE PERFORMED AT NO EXPENSE TO THE US FORCES.
(2) THE CONTRACTOR FIRM PERFORMING THE RELOCATION WORK WILL BE
APPROVED BY THE DEUTSCHE BUNDESPOST (DBP).
(3) THE ELECTRICAL CHARACTERISTICS OF THE CABLE WILL BE PROVIDED TO
THE CONTRACTOR FIRM BY HEADQUARTERS, SIGNAL SUPPORT BATTALION 4, ATTN:
SCCE-T-K-LP, APO 09227 PRIOR TO INITIATION OF WORK.
(4) NECESSARY INFORMATION REQUIRED TO DEVELOP CABLE MAPS IAW
TM-486-10 WILL BE PROVIDED BY THE CONTRACTOR FIRM TO THE US FORCES
AGENCY, MENTIONED IN PARAGRAPH 2E. (3), ABOVE, WITHIN 30 DAYS OF
COMPLETION OF THE RELOCATION.
(5) ACCOMPLISHMENT OF RELOCATION WILL BE WITH A MINIMUM OF SERVICE
INTERRUPTIONS.
(6) THE CITY AND/OR ITS CONTRACTOR FIRM SHALL TAKE ALL NECESSARY
ACTION TO SECURE THE CONSTRUCTION SITE TO PRECLUDE LOSS OR DAMAGE TO US
FORCES PROPERTY.
3. UPON COMPLETION OF THE FIRM'S BRANCH TRACKAGE, THE US FORCES
SHALL AUTHORIZE THE FIRM TO CO-USE THE US-CONTROLLED TRACKPART,
DESCRIBED IN PARAGRAPH 1B., UNDER THE FOLLOWING CONDITIONS:
A. THE US FORCES' TRAFFIC WILL ALWAYS BE GIVEN PRIORITY OVER THE
FIRM'S TRAFFIC.
B. THE US FORCES WILL CONSIDER THE FIRM'S TRAFFIC INTERESTS;
HOWEVER, WHEN MILITARY NECESSITY SO DICTATES, THE US FORCES RESERVE THE
RIGHT TO IMPOSE RESTRICTED CO-UTILIZATION OR EXCLUSIVE US UTILIZATION.
THE US FORCES WILL INFORM THE FIRM 15 DAYS IN ADVANCE OF THE DURATION OF
SUCH RESTRICTED OR EXCLUSIVE UTILIZATION.
C. THE FIRM WILL COMPLY WITH THE SAFETY, SANITARY, FIRE PREVENTION,
MAINTENANCE AND SECURITY STANDARDS OF THE US FORCES, SUBJECT TO US
FORCES' INSPECTION. THESE STANDARDS WILL BE MADE KNOWN TO THE FIRM BY
THE US FORCES.
D. THE FIRM WILL MAKE NO ALTERATIONS, DELETIONS, OR ADDITIONS TO THE
TRACKAGE WITHOUT PRIOR APPROVAL OF THE US FORCES.
E. THE US FORCES WILL NOT BE HELD LIABLE TO COST SHARING OF ANY WORK
ON THE TRACKAGE FOR WHICH NO PRIOR WRITTEN AGREEMENT AND APPROVAL WAS
GIVEN BY THEM.
F. THE FIRM WILL NOT PARK RAILCARS ON THE TRACKAGE WHICH MIGHT HINDER
OR DELAY THE US TRAFFIC.
G. THE FIRM ASSUMES RESPONSIBILITY FOR RESTORATION OF ANY DAMAGE
CAUSED TO THE PROPERTY AND THE TRACKAGE THROUGH ITS CO-UTILIZATION.
REPAIR OF SUCH DAMAGE WILL EITHER BE PERFORMED BY THE US FORCES AGAINST
REIMBURSEMENT OF REPAIR COSTS BY THE FIRM, OR THE REPAIR WILL BE CARRIED
OUT BY THE FIRM AT ITS EXPENSE UNDER THE SUPERVISION OF THE DISTRICT
ENGINEER.
H. THE FIRM ASSUMES RESPONSIBILITY FOR ANY CLAIMS BY THIRD PARTIES
ARISING FROM THE FIRM'S CO-UTILIZATION OF THE PROPERTY AND THE TRACKAGE.
I. DURING MOVEMENT OF THE FIRM'S RAILCARS, SUCH CARS MAY NOT BE
BROUGHT INTO RHEIN ORDNANCE BARRACKS THROUGH THE RAILROAD ACCESS GATE.
4. UPON EXECUTION OF THIS AGREEMENT, AN INVENTORY AND CONDITION
REPORT (ICR) WILL BE JOINTLY ESTABLISHED BY REPRESENTATIVES OF THE FRG,
THE US FORCES, THE CITY, THE BUNDESBAHN AND THE FIRM. THIS ICR WILL
CONSTITUTE AN INTEGRAL PART OF THIS AGREEMENT AS ANNEX "B." THIS REPORT,
IN COMPARISON TO ANOTHER ICR TO BE PREPARED UPON TERMINATION OF THIS
AGREEMENT WILL SERVE AS BASIS FOR RESTORATION OF EVENTUAL DAMAGES CAUSED
TO THE TRACKAGE AS A RESULT OF THE CO-UTILIZATION BY THE FIRM.
5. MAINTENANCE AND REPAIR OF THE CO-UTILIZED TRACKAGE WILL BE
PERFORMED BY THE US FORCES. THE US FORCES ARE NOT REQUIRED TO INFORM
THE FIRM OF NORMAL REPAIR AND MAINTENANCE WORK, AS LONG AS THERE IS NO
INTERRUPTION OF TRAFFIC. MAINTENANCE AND REPAIR OF THE FIRM'S BRANCH
TRACK, AS DESCRIBED IN PARAGRAPH 1A, ABOVE, WILL BE PERFORMED BY THE
FIRM AT ITS OWN EXPENSE AND AT NO COST TO THE US FORCES.
6. NORMAL MAINTENANCE AND REPAIR IS CONSIDERED THE WORK REQUIRED TO
KEEP THE TRACKAGE IN OPERATIONAL CONDITION, ACCORDING TO BUNDESBAHN
STANDARDS.
7. WHEN MAJOR REPAIRS OF THE TRACKAGE ARE REQUIRED, THE US FORCES
WILL INFORM THE FIRM 15 DAYS PRIOR TO STARTING THE WORK AND PROVIDE IT
WITH THE NECESSARY DATA AND COST ESTIMATES. THE FIRM WILL REIMBURSE THE
US FORCES FOR COSTS ARISING FROM MAJOR REPAIRS ON A CASE-BY-CASE BASIS
AND AT THE RATIO ESTABLISHED IN PARAGRAPH 8., BELOW. COSTS FOR REPAIRS
DUE TO DAMAGES CAUSED BY EITHER CO-USER WILL BE BORNE EXCLUSIVELY BY THE
PARTY CAUSING SUCH DAMAGES.
8. THE FIRM WILL REIMBURSE THE US FORCES ITS PROPORTIONATE SHARE FOR
NORMAL MAINTENANCE AND REPAIR OF THE JOINTLY USED TRACKAGE, AS STATED IN
PARAGRAPH 1B, BASED ON THE NUMBER OF THE FIRM'S RAILCARS AGAINST THE
TOTAL NUMBER OF RAILCARS CIRCULATED ON THE TRACKAGE WITHIN ONE YEAR.
BUNDESBAHN STATISTICS WILL SERVE AS BASIS FOR DETERMINATION OF THE
NUMBER OF RAILCARS. ONLY LOADED RAILCARS WILL BE COUNTED. BILLS WILL
BE PRESENTED TO THE FIRM BY THE US FORCES ANNUALLY, IN QUADRUPLICATE,
STATING THE FINANCE OFFICE TO WHICH PAYMENT HAS TO BE EFFECTED.
PAYMENTS WILL BE MADE IN DOLLARS OR DOLLAR INSTRUMENTS.
9. THE FIRM WILL PAY A USAGE FEE OF DM 1.70 PER RAILCAR, PLUS
SURPLUS TAX, FOR USE OF THE FRG-OWNED TRACK. FOR THIS PURPOSE, THE
FEDERAL ASSETS OFFICE WILL BILL THE FIRM ON 30 JUNE AND 31 DECEMBER OF
EACH YEAR. THE ESTABLISHED AMOUNT WILL BE REIMBURSED WITHIN FOUR WEEKS
TO THE ZAALSTELLE OF THE HAUPTZOLLAMT KAISERSLAUTERN WITH THE WORDING
"TRACKAGE ROB, KAISERSLAUTERN." IN CASE OF DELAY OF PAYMENT, AN INTEREST
IN THE AMOUNT OF 3% ABOVE THE ACTUAL DISCOUNT RATE OF THE GERMAN FEDERAL
BANK, IN ANY CASE AT LEAST 6%, WILL BE CHARGED. UPON REQUEST, THE FRG
PERMITS THE FIRM TO INSPECT THE VOUCHERS.
10. THIS AGREEMENT IS MADE FOR A PERIOD OF TEN YEARS; HOWEVER, IT
CAN BE TERMINATED BY THE US FORCES AT ANY TIME, WHEN MILITARY SITUATION
DICTATES, WITH IMMEDIATE EFFECT. OTHERWISE, IT CAN BE TERMINATED BY
EITHER PARTY WITH A 3-MONTH NOTICE TO THE END OF A CALENDAR QUARTER, BY
REGISTERED MAIL. IN CASE OF TERMINATION BY THE FIRM, THE TRACKAGE MUST
BE RESTORED TO ITS ORIGINAL CONDITION BY THE FIRM AT NO COST TO THE US
FORCES. THE TURNOUT IS TO BE REMOVED AND THE DRAINAGE SYSTEM REALIGNED.
11. AMENDMENTS AND/OR SUPPLEMENTS TO THIS AGREEMENT CAN BE MADE BY
MUTUAL CONSENT. IN ORDER TO BECOME EFFECTIVE, THEY HAVE TO BE IN
WRITING AND MUST BE SIGNED BY ALL PARTIES TO THIS AGREEMENT.
12. THIS AGREEMENT HAS BEEN MADE IN GERMAN AND ENGLISH. BOTH
VERSIONS ARE EQUALLY BINDING.
FOR THE FEDERAL REPUBLIC
OF GERMANY:
FOR THE US FORCES IN
EUROPE:
V. G. EVANS
COL, GS
C, PLANS & OPS DIV
DCSLOG, HQ USAREUR
FOR THE CITY OF KAISERSLAUTERN:
KAISERSLAUTERN, DEN 2. AUGUST 1974
FOR THE FIRM MECHEL:
KAISERSLAUTERN, DEN 2. AUGUST 1974
GERMANY, FEDERAL REPUBLIC OF 27 FEB 1976 FLITE DOCUMENT NO. 7950017
ADMINISTRATIVE AGREEMENT EXECUTED 26 MARCH 1974, 18 APRIL 1974, AND
27 FEBRUARY 1976; EFFECTIVE 1 MARCH 1976.
AGREEMENT REGARDING LIEBLOS LOADING RAMP.
THE FEDERAL REPUBLIC OF GERMANY (FEDERAL FINANCE ADMINISTRATION),
REPRESENTED BY THE CHIEF OF THE FEDERAL ASSETS OFFICE GIESSEN,
OBERREGIERANGSRAT (WORD ILLEGIBLE) SPOENRER,
THE FEDERAL REPUBLIC OF GERMANY (FEDERAL RAILROAD ASSETS),
REPRESENTED BY THE BUNDESBAHNDIREKTION FRANKFURT AM MAIN, THE LATTER
REPRESENTED BY BUNDESBAHNDIREKTOR KARL-ERNST TAETZSCH,
THE FOLLOWING AGREEMENT IS CONCLUDED:
THE BUNDESBAHN TURNS OVER TO THE FEDERAL FINANCE ADMINISTRATION THE
REAL ESTATE:
COMMUNITY LIEBLOS, PLOT 11 NO. TO 7/2
"UNTERM NEUEN GARTEN, ROFRAUN"
IN THE SIZE OF 1514 SQUARE METERS
LISTED IN THE LIEBLOS REAL ESTATE REGISTER, VOLUME 15, PAGE 388.
THE REAL ESTATE VALUE AMOUNTS TO DM 2,-- PER SQUARE METER, TOTAL
(IN WORDS: THREE THOUSAND AND TWENTY EIGHT DEUTSCH MARKS).
THIS AMOUNT IS PAYABLE WITHIN 4 WEEKS AFTER SIGNATURE OF THIS
ADMINISTRATIVE AGREEMENT BY BOTH PARTIES THERETO TO THE HAUPTKASSE OF
THE BUNDESBAHNDIREKTION FRANKFURT/MAIN, POSTSCHECKKONTO FFM. NO.
4488-605. IN THE EVENT OF NON-COMPLIANCE WITH THIS OBLIGATION, 6 PER
CENT INTEREST FOR DELAY HAVE TO BE PAID FROM THE DAY AFTER EXPIRATION OF
THAT PERIOD OF TIME.
THE REAL ESTATE IS TURNED OVER AS IT IS. A GUARANTEE FOR QUALITY AND
CONDITION IS NOT TAKEN OVER.
THE REAL ESTATE IS TURNED OVER WITHOUT ANY DEBITS. THE BUNDESBAHN IS
NOT LIABLE FOR THE EXEMPTION OF DEBITS, WHICH ARE NOT LISTED IN THE REAL
ESTATE REGISTER. IT DECLARES THAT IT IS NOT AWARE OF SUCH DEBITS.
THE TURN OVER OF THE REAL ESTATE WILL BE EFFECTED ON THE FIRST DAY OF
THE MONTH FOLLOWING THE CONCLUSION OF THE ADMINISTRATIVE AGREEMENT.
THE PUBLIC FEES AND DUTIES ON THE PROPERTY WILL BE TRANSFERRED TO THE
FEDERAL FINANCE ADMINISTRATION ON THE FIRST DAY OF THE MONTH AFTER THE
CONCLUSION OF THE ADMINISTRATIVE AGREEMENT.
ALL COSTS OF THE ADMINISTRATIVE AGREEMENT AND ITS EXECUTION WILL BE
BORNE BY THE FEDERAL FINANCE ADMINISTRATION.
BUNDESBAHN-OWNED GENERATING FACILITIES (LIGHTING POLES), AN OVERHEAD
LINE, AS WELL AS AN APPROXIMATELY 60 M LONG LOADING TRACK, ARE LOCATED
ON THE REAL ESTATE TO BE TURNED OVER. THE FEDERAL FINANCE
ADMINISTRATION GRANTS THE BUNDESBAHN THE RIGHT TO PERMANENTLY LEAVE
THESE FACILITIES ON THE PROPERTY, TO CONTROL, MAINTAIN, RENEW AND ALTER
THEM, AND TO ENTER UPON THE PROPERTY FOR THAT PURPOSE. A DETAIL SKETCH
OF THE PLOT MAP, ON WHICH THE TRACK IS MARKED IN RED, BECOMES PART OF
THIS AGREEMENT. THE FEDERAL FINANCE ADMINISTRATION OBLIGATES ITSELF TO
KEEP THE CURRENT POWER LINE FREE FROM IMPAIRMENTS, AND NOT TO ALTER OR
DISTURB IT BY CONSTRUCTIONAL FACILITIES.
THE FEDERAL FINANCE ADMINISTRATION AUTHORIZES THE BUNDESBAHN TO
CO-USE THE RAMP FOR RAILCAR LOADING TRAFFIC OF THIRD PARTIES.
FURTHERMORE, THE FEDERAL FINANCE ADMINISTRATION AUTHORIZES THE
BUNDESBAHN TO SHUNT AND MAKE AVAILABLE RAILCARS AT THE END- AND SIDE
RAMP.
THE FEDERAL FINANCE ADMINISTRATION AND THE US FORCES WILL BE RELIEVED
FROM LIABILITY FOR THIRD PARTY CLAIMS.
MILITARY LOADING OPERATION HAS PRIORITY. MILITARY SITUATION
PERMITTING, THE US FORCES WILL INFORM THE BUNDESBAHNDIREKTION FRANKFURT
OF THE CONVEYANCE REQUIREMENT AS SOON AS POSSIBLE.
IN ACCORDANCE WITH THE DETERMINED LOADING PROPORTION, THE BUNDESBAHN
SHARES IN THE REPAIR AND MAINTENANCE COSTS OF THE LOADING RAMP WITH 5.4
PER CENT. THIS PERCENTAGE WILL BE CHANGED WHEN IT BECOMES EVIDENT THAT
THE PRIVATE LOADING OPERATIONS WAS ENDURINGLY INCREASED. (THE FEDERAL
FINANCE ADMINISTRATION WILL COLLECT THESE COSTS ON BEHALF OF THE US
FORCES.)
FRANKFURT/MAIN WILL BE SETTLING AND JURISDICTION PLACE FOR ALL RIGHTS
AND OBLIGATIONS RESULTING FROM THIS AGREEMENT.
THE DEUTSCHE BUNDESBAHN APPROVES, AND THE FEDERAL FINANCE
ADMINISTRATION REQUESTS, THAT THE SUPPLEMENT IN PARENTHESES FOLLOWING
THE NAME OF THE AUTHORIZED PARTY IN THE REAL ESTATE REGISTER BE CHANGED
TO READ "(FEDERAL FINANCE ADMINISTRATION)."
THIS AGREEMENT IS MADE IN FIVE COPIES. ONE COPY EACH WILL BE
DISTRIBUTED TO:
1. THE DISTRICT COURT - REAL ESTATE REGISTER OFFICE GELNHAUSEN -,
2. THE BUNDESBAHNDIREKTION FRANKFURT/MAIN,
3. THE SUPREME FINANCE DIRECTION FRANKFURT/MAIN,
4. THE FEDERAL ASSETS OFFICE GIESSEN
5. DEPARTMENT OF THE ARMY, HQ USAREUR AND SEVENTH ARMY, APO 09403,
HEIDELBERG
FRANKFURT/MAIN, 26. 3. 1974
BUNDESBAHNDIREKTION FRANKFURT AM MAIN
1A R 2 LE LIEBLOS
(TOTZSCH)
GIESSEN, 18. 4. 74
FEDERAL ASSETS OFFICE GIESSEN
(SPOHRER)
HEADQUARTERS US ARMY
HEIDELBERG, 27 FEB 1976
GENE F. WILSON
COL, GS
C, PLANS & OPS DIV
ODCSLOG, USAREUR
GERMANY, FEDERAL REPUBLIC OF 22 SEP 1976 FLITE DOCUMENT NO. 7950016
AGREEMENT EXECUTED 30 AUGUST, 14 AND 22 SEPTEMBER, 1976
AGREEMENT REGARDING US USE OF THE BGS AMMUNITION STORAGE AREA
WALDSACHSEN, LOCATED IN THE VICINITY OF COBURG.
THE US ARMY, EUROPE, REPRESENTED BY THE DEPUTY CHIEF OF STAFF FOR
LOGISTICS (DCSLOG), HQ USAREUR AND SEVENTH ARMY, HEIDELBERG,
THE FEDERAL REPUBLIC OF GERMANY, REPRESENTED BY THE FEDERAL MINISTER
OF THE INTERIOR, HE REPRESENTED BY THE CHIEF, GRENZSCHUTZVERWALTUNG
SUED, THE LATTER REPRESENTED BY THE CHIEF, VERWALTUNGSSTELLE COBURG OF
GRENZSCHUTZVERWALTUNG SUED,
- SUBJECT TO APPROVAL BY THE CHIEF, GRENZSCHUTZVERWALTUNG SUED -
REGARDING US USE OF THE BGS AMMUNITION STORAGE AREA WALDSACHSEN,
LOCATED IN THE VICINITY OF COBURG.
1. PURPOSE: THE BGS MAKES SPACE AVAILABLE TO WALDSACHSEN AMMUNITION
STORAGE DEPOT FOR STORAGE OF TWO US MILVAN TRAILERS LOADED WITH
AMMUNITION. THE LOCATION OF THE STORAGE AREA IS SHOWN IN RED ON THE
ATTACHED SITE MAP WHICH IS PART OF THIS AGREEMENT AS ANNEX "A".
2. DESCRIPTIVE DATA PERTAINING TO MILVAN TRAILERS AND AMMUNITION:
A. EACH MILVAN TRAILER HAS THE FOLLOWING MEASUREMENTS:
HEIGHT 4 METERS (12 FEET)
WIDTH 2.6 METERS (8 FEET)
LENGTH (WITH DOLLY) 6.5 METERS (26 FEET)
WEIGHT (WITH DOLLY) EMPTY 6.000 LBS.
B. THE TOTAL NET EXPLOSIVE CONTENT (NEC) OF BOTH TRAILERS WILL NEVER
EXCEED 2.000 KILOGRAMS.
C. THE VEHICLE CLASSIFICATION FOR EACH TRAILER WITH AMMUNITION IS
CLASS 9.
D. AN INVENTORY LIST OF AMMUNITION FOR EACH TRAILER WILL BE PRESENTED
TO THE BGS UPON ENTRY TO THE AMMUNITION STORAGE AREA.
3. SPECIFIC CONDITIONS AND PROVISIONS:
A. USAREUR WILL:
(1) NOT STORE ANY WHITE PHOSPHOR AMMUNITION IN THE MILVAN TRAILERS.
(2) NOT BE REQUIRED TO OBTAIN BGS APPROVAL WHEN AMMUNITION IS CHANGED
AS LONG AS AN INVENTORY LIST FOR EACH TRAILER IS PROVIDED, AND NEC DOES
NOT EXCEED 2.000 KILOGRAMS.
(3) LIST NAMES OF US PERSONNEL WHO ARE AUTHORIZED TO ENTER UPON THE
AMMUNITION STORAGE AREA IN AN ACCESS ROSTER. THIS ROSTER, WHICH WILL AT
ALL TIMES BE KEPT CURRENT, WILL BE SUBMITTED TO THE BGS
(GRENZSCHUTZABTEILUNG II/2, COBURG). THESE US PERSONNEL MAY ONLY ENTER
THE AMMUNITION STORAGE AREA UPON ADVANCE NOTIFICATION TO THE BGS
(GRENZSCHUTZABTEILUNG II/2, COBURG).
(4) COMPLY WITH BGS REGULATIONS APPLYING TO WALDSACHSEN AMMUNITION
STORAGE DEPOT. THIS PERTAINS ESPECIALLY TO PERSONNEL CONTROL
(OBLIGATION OF CARRYING IDENTIFICATION PAPERS) AND COMPLIANCE WITH FIRE
PROTECTION MEASURES.
(5) USE ONLY THE ASSIGNED STORAGE SPACE AT WALDSACHSEN AMMUNITION
DEPOT. PARKING OF MILVAN TRAILERS AT OTHER LOCATIONS IS NOT PERMITTED.
THE AREA USED MUST BE MARKED BY USING APPROPRIATE FIRE HAZARD
CLASSIFICATION SIGN.
(6) USE, UNDER NORMAL CIRCUMSTANCES, WHEELED VEHICLES ONLY WITH A
WEIGHT OF UP TO 12 TONS.
B. BGS WILL:
(1) MAKE THE MILVAN TRAILER STORAGE AREA AVAILABLE FOR AN INDEFINITE
PERIOD OF TIME. IN THE EVENT OF URGENT OWN REQUIREMENTS OR UPON REQUEST
OF THE FEDERAL MINISTER OF THE INTERIOR, HOWEVER, THE AREA CONCERNED HAS
TO BE VACATED.
(2) ASSUME ALL GUARD RESPONSIBILITIES AT WALDSACHSEN AMMUNITION
STORAGE DEPOT, INCLUDING THE MILVAN TRAILER PARKING AREA.
(3) PERFORM INITIAL CONSTRUCTION, MAINTENANCE AND REPAIR OF THE
MILVAN TRAILER STORAGE AREA ON AN AS-NEEDED BASIS AGAINST REIMBURSEMENT.
4. INVENTORY AND CONDITION REPORT, DAMAGE, RESIDUAL VALUE:
A. UPON CONCLUSION OF THIS AGREEMENT, AN INVENTORY AND CONDITION
REPORT WILL BE JOINTLY ESTABLISHED BY REPRESENTATIVES OF THE PARTIES TO
THIS AGREEMENT. ANOTHER INVENTORY AND CONDITION REPORT WILL BE PREPARED
UPON TERMINATION OF THIS AGREEMENT. THESE REPORTS WILL SERVE AS BASIS
FOR DETERMINATION, UPON TERMINATION OF THE AGREEMENT, WHETHER ANY DAMAGE
AND/OR DETERIORATION OCCURRED TO WALDSACHSEN AMMUNITION STORAGE DEPOT ON
ACCOUNT OF USAREUR'S JOINT USE THEREOF.
B. UPON RETURN TO THE BGS, THE JOINTLY USED PART OF WALDSACHSEN
AMMUNITION STORAGE DEPOT MUST BE IN A CONDITION SIMILAR TO THAT WHICH
EXISTED AT THE TIME OF TURNOVER, FAIR WEAR AND TEAR EXCEPTED.
C. UPON TERMINATION OF THE AGREEMENT, USAREUR AND THE BGS WILL
NEGOTIATE A RESIDUAL VALUE SETTLEMENT IF US FUNDED IMPROVEMENTS ARE LEFT
IN PLACE AT WALDSACHSEN AMMUNITION STORAGE DEPOT AND IF THE BGS IS
INTERESTED THEREIN.
5. CLAIMS:
A. THE US FORCES OBLIGATE THEMSELVES TO REPAIR ANY PROPERTY DAMAGE
CAUSED BY USAREUR PERSONNEL DURING USE OF THE GARRISON ADMINISTRATIVE
HEADQUARTERS AMMUNITION DEPOT WALDSACHSEN, OR TO REIMBURSE THE BGS FOR
THE REPAIR COSTS INCURRED BY THE LATTER. HOWEVER, ANY REPAIR COSTS
REQUESTED ARE SUBJECT TO THE WAIVER PROVISIONS OF PARAGRAPH 2(F),
ARTICLE VIII, NATO SOFA, AND ARTICLE 41 OF THE SUPPLEMENTARY AGREEMENT.
B. THE BGS IS NOT RESPONSIBLE FOR THE QUALITY OR FOR POSSIBLE
INADEQUACIES OF THE GARRISON ADMINISTRATIVE HEADQUARTERS AMMUNITION
DEPOT WALDSACHSEN WHICH IS PARTIALLY BEING MADE AVAILABLE TO USAREUR.
THIRD PARTY CLAIMS ARISING FROM USAREUR USE OF THESE FACILITIES WILL BE
PROCESSED UNDER ARTICLE VIII OF THE NATO SOFA.
6. SETTLEMENT OF FINANCIAL OBLIGATIONS:
A. THIS AGREEMENT IS NOT A PAYMENT DOCUMENT AND DOES NOT OBLIGATE ANY
US FUNDS.
B. THE REQUIRED CONSTRUCTION MEASURE - "CONSTRUCTION OF PARKING AREA"
- WILL BE PERFORMED UPON BGS REQUEST BY THE FINANCE CONSTRUCTION OFFICE,
BAYREUTH, BASED ON DATA FURNISHED BY USAREUR. SETTLEMENT OF ACCOUNTS
WILL BE EFFECTED IN ACCORDANCE WITH THE PROVISIONS OF PARAGRAPH 6C,
BELOW. THE FINANCE CONSTRUCTION OFFICE, BAYREUTH, MUST SUBMIT
CONSTRUCTION DATA AND DOCUMENTS TO THE BGS FOR APPROVAL PRIOR TO
BEGINNING OF CONSTRUCTION WORK.
C. PAYMENT BY USAREUR OF MILVAN STORAGE AREA CONSTRUCTION COSTS, AND
OF COSTS RESULTING FROM MAINTENANCE AND REPAIR OF THE STORAGE AREA WILL
BE SETTLED ON THE BASIS OF A SEPARATE CONTRACT. THIS CONTRACT IS TO BE
CONCLUDED BETWEEN A US CONTRACTING OFFICER AND GRENZSCHUTZVERWALTUNG
SUED.
7. EFFECTIVE DATE, DURATION, TERMINATION:
A. THIS AGREEMENT BECOMES EFFECTIVE UPON SIGNATURE BY BOTH PARTIES
THERETO AND UPON APPROVAL BY GRENZSCHUTZVERWALTUNG SUED. IT IS
CONCLUDED FOR THE PERIOD OF ONE YEAR AND CAN BE EXTENDED THEREAFTER FROM
YEAR TO YEAR FOR ANOTHER YEAR PROVIDED, HOWEVER, THAT THE BGS HAS NO OWN
REQUIREMENTS FOR THE AREA MADE AVAILABLE. EXTENSION OF THE AGREEMENT
WILL BE EFFECTED TACITLY.
B. IF THE BGS HAS A REQUIREMENT FOR THE STORAGE AREA, USAREUR WILL BE
INFORMED THEREOF IN WRITING. USAREUR WILL BE GRANTED A PERIOD OF 180
DAYS TO VACATE THE AREA.
C. IRRESPECTIVE OF AGREEMENT TERMINATION DUE TO OWN REQUIREMENTS,
THIS AGREEMENT CAN BE CANCELLED BOTH UNDER MUTUAL CONSENT OF THE
AGREEMENT PARTIES AND UNILATERALLY BY MEANS OF WRITTEN NOTIFICATION TO
THE OTHER PARTY. WRITTEN NOTIFICATION MUST BE GIVEN 180 DAYS PRIOR TO
THE DESIRED TERMINATION DATE.
8. AMENDMENTS AND/OR SUPPLEMENTS: THIS AGREEMENT CAN BE AMENDED
AND/OR SUPPLEMENTED BY MUTUAL CONSENT OF THE AGREEMENT PARTIES.
AMENDMENTS AND/OR SUPPLEMENTS MUST BE MADE IN WRITING AND HAVE TO BE
SIGNED BY THE PARTIES TO THIS AGREEMENT IN ORDER TO BECOME EFFECTIVE.
GRENZSCHUTZVERWALTUNG SUED RECEIVES A COPY THEREOF.
9. LANGUAGE: THIS AGREEMENT IS MADE IN ENGLISH AND GERMAN. BOTH
AGREEMENT TEXTS ARE EQUALLY BINDING.
FOR THE US ARMY, EUROPE:
GENE F. WILSON
COL, GS
C, PLANS & OPS DIV
ODCSLOG, USAREUR
VERWALTUNGSSTELLE COBURG DER
GRENZSCHUTZVERWALTUNG SUED:
COBURG, DEN 14.9.1976
1.V.
REGIERUNGSAMTMANN
APPROVED:
GRENZSCHUTZVERWALTUNG SUED
MUNCHEN, DEN 22.9.1976
(DR. FEGER)
ANNEX A (MAP OMITTED)
GERMANY, FEDERAL REPUBLIC OF 30 AUG 1976 FLITE DOCUMENT NO. 7950015
LETTER OF UNDERSTANDING EXECUTED 30 AUG 1976
REFERENCE: ENTRY OF GERMAN POLICE AUTHORITIES INTO US MILITARY
INSTALLATIONS.
1. REFERENCES: A. ARTICLE VII (10), NATO STATUS OF FORCES AGREEMENT
(SOFA).
B. ARTICLE 53, NATO SOFA SUPPLEMENTARY AGREEMENT.
C. PARAGRAPH 1-15, AR 210-10.
D. LETTER, AEAJA-IA, HEADQUARTERS, UNITED STATES ARMY, EUROPE AND
SEVENTH ARMY. SUBJECT: ENTRY OF GERMAN POLICE INTO US INSTALLATIONS,
DATED 6 AUGUST 1974.
2. PURPOSE: TO ESTABLISH AN AGREEMENT BETWEEN THE COMMANDER OF THE
GREATER STUTTGART US MILITARY COMMUNITY AND THE PRESIDENT OF STATE
POLICE HEADQUARTERS STUTTGART I AND STUTTGART II WHICH SHALL GOVERN THE
ENTRY OF GERMAN POLICE INTO US INSTALLATIONS IN THE US MILITARY
COMMUNITY OF GREATER STUTTGART COMPRISING THE CITY AREA OF STUTTGART AND
THE COUNTIES OF LUDWIGSBURG, ESSLINGEN/NECKAR AND BOEBLINGEN.
3. PRINCIPLES: US INSTALLATIONS ARE NOT EXTRATERRITORIAL; HOWEVER,
GERMAN POLICE DO NOT HAVE AN UNRESTRICTED RIGHT TO ENTER THOSE
INSTALLATIONS. THE CONDITIONS OF ENTRY ARE AGREED UPON BELOW. THE
FOLLOWING GENERAL PRINCIPLES APPLY:
A. GERMAN INTERESTS (THE PROTECTION OF PERSONS AND PROPERTY, THE
PURSUIT OF FLEEING INDIVIDUALS, THE PREVENTION OF CRIME AND THE
INVESTIGATION OF CRIMINAL ACTS).
B. THE UNITED STATES IS OBLIGATED BY THE NATO SOFA AND THE NATO SOFA
SUPPLEMENTARY AGREEMENT TO ALLOW GERMAN POLICE TIMELY ACCESS TO US
INSTALLATIONS TO PROTECT EXISTING GERMAN INTERESTS, SUBJECT TO
CONSIDERATIONS OF SECURITY.
4. SCOPE: THIS AGREEMENT ESTABLISHES THE PROCEDURE TO OBTAIN ENTRY,
AND THE AUTHORITY TO PERMIT SUCH ENTRY, INTO THE FOLLOWING US
INSTALLATIONS:
STUTTGART CITY AREA:
A. PATCH BARRACKS (KURMAERKER-KASERNE), STUTTGART-VAIHINGEN
B. KELLEY BARRACKS (EHEM. LUFTNACHRICHTEN-KASERNE), STUTTGART
MOEHRINGEN
C. ROBINSON BARRACKS (BURGHOLZHOF), STUTTGART-BAD CANNSTATT
D. GRENADIER-KASERNE, STUTTGART-ZUFFENHAUSEN
E. WALLACE BARRACKS (GROSSE REITERKASERNE), STUTTGART-BAD CANNSTATT
F. MCGEE BARRACKS (KLEINE REITERKASERNE), STUTTGART-BAD CANNSTATT
G. 5TH GENERAL HOSPITAL (US-KRANKENHAUS), STUTTGART-BAD CANNSTATT.
COUNTY OF LUDWIGSBURG:
A. COFFEY BARRACKS, (FROMANN-KASERNE) LUDWIGSBURG
B. FLAK KASERNE, LUDWIGSBURG-OSSWEIL
C. KARLS-KASERNE, LUDWIGSBURG
D. KRABBENLOCH-KASERNE, LUDWIGSBURG
E. MURPHY BARRACKS, (MATHILDEN-KASERNE) LUDWIGSBURG
F. OSTERHOLZ AREA, LUDWIGSBURG-OSTERHOLZ
G. VALDEZ BARRACKS, (REINHARDT-KASERNE) LUDWIGSBURG
H. LUDENDORFF-KASERNE, KORNWESTHEIM
I. WILKIN BARRACKS, (HINDENBURG-KASERNE) KORNWESTHEIM
J. SACHSENHEIM US INSTALLATION (EHEM. FLUGPLATZ), SACHSENHEIM 1.
COUNTY OF ESSLINGEN/NECKAR:
A. FUNKER-KASERNE, ESSLINGEN/NECKAR
B. NELLINGEN KASERNE, OSTFILDERN 2
C. ECHTERDINGEN AIRFIELD (FLUGPLATZ), LEINFELDEN-ECHTERDINGEN.
COUNTY OF BOEBLINGEN:
PANZER-KASERNE, BOEBLINGEN.
5. RESPONSIBILITIES:
A. THE COMMANDER OF THE GREATER STUTTGART US MILITARY COMMUNITY
AGREES THAT HE AND THE COMMUNITY COMMANDERS OF US INSTALLATIONS
SPECIFIED IN PARAGRAPH 4 WILL:
(1) PERMIT THE GERMAN POLICE TIMELY ACCESS INTO THE AFOREMENTIONED US
INSTALLATIONS TO PROTECT GERMAN INTERESTS, SUBJECT TO US SECURITY
CONSIDERATIONS.
(2) COOPERATE AND ASSIST TO THE FULLEST EXTENT POSSIBLE WITH ALL
RECOGNIZED LAW ENFORCEMENT AGENCIES OF THE FEDERAL REPUBLIC OF GERMANY
FOR THE PROTECTION OF PERSONS AND PROPERTY, IN THE PREVENTION AND
INVESTIGATION OF CRIMINAL ACTS, THE APPREHENSION OF CRIMINALS AND THE
PROTECTION OF GERMAN INTERESTS.
(3) MAKE AVAILABLE TO RECOGNIZED GERMAN AUTHORITIES, UPON REQUEST,
INFORMATION CONCERNING CRIMINAL OR ILLEGAL ACTS, SUBJECT ONLY TO
SECURITY CONSIDERATIONS AND THE PROTECTION OF INDIVIDUAL RIGHTS.
B. THE PRESIDENT OF LANDES POLICE HEADQUARTERS STUTTGART I AND
STUTTGART II AGREES THAT HE AND THE HEADS OF LAW ENFORCEMENT AGENCIES
SUBJECT TO HIS JURISDICTION WILL:
(1) RESPECT THE POSITION AND AUTHORITY OF THE COMMANDER OF THE
GREATER STUTTGART US MILITARY COMMUNITY, AND THE COMMANDERS OF THE
AFOREMENTIONED US INSTALLATIONS, AS REGARDS THEIR RESPONSIBILITY TO
SAFEGUARD PERSONS AND PROPERTY UNDER THEIR COMMAND.
(2) INSURE THAT POLICE ACTIVITIES ARE CONDUCTED IN A MANNER WHICH
WILL NOT COMPROMISE MILITARY SECURITY AND WILL CAUSE THE LEAST POSSIBLE
INTERFERENCE WITH THE OPERATIONS OF THE US FORCES.
(3) EXCEPT IN EMERGENCY SITUATIONS, CONTACT THE APPROPRIATE COMMANDER
OR DESIGNEE, AS SPECIFIED IN PARAGRAPH 7, PRIOR TO REMOVING ANY
INDIVIDUAL FROM A US INSTALLATION.
(4) PROVIDE TIMELY INFORMATION RELATED TO ENTRY INTO US
INSTALLATIONS, AND REPORT THE ACTIONS TAKEN AND THE RESULTS OF POLICE
EFFORTS WITHIN THE INSTALLATION TO THE MILITARY POLICE (MP) OR CRIMINAL
INVESTIGATION DIVISION (CID).
6. PROCEDURES: THE FOLLOWING PROCEDURES ARE AGREED UPON FOR ENTRY
OF GERMAN POLICE INTO THE AFOREMENTIONED US INSTALLATIONS:
A. NO EXPRESS PERMISSION WILL BE REQUIRED FOR ENTRY IN AN EMERGENCY
SITUATION (DISASTER, THREAT TO LIFE AND PROPERTY, CRIME IN PROCESS,
ETC.) OR WHEN IN PURSUIT OF FLEEING INDIVIDUALS ("HOT PURSUIT"). GATE
GUARDS, AND OTHERS APPLICABLE, WILL ALLOW GERMAN POLICE TO ENTER WHEN
IDENTIFIED, AND PURSUIT OR EMERGENCY SITUATION IS BRIEFLY STATED.
B. WHEN TIME IS NOT A CRITICAL FACTOR, PERMISSION TO ENTER WILL BE
OBTAINED FROM THE COMMANDERS OR DESIGNEES SPECIFIED IN PARAGRAPH 7.
7. ENTRY AUTHORIZATION: THE FOLLOWING COMMANDERS OR THEIR DESIGNEES
MAY AUTHORIZE THE ENTRY OF GERMAN POLICE INTO THE SPECIFIC US
INSTALLATIONS INDICATED: (DUTY HOURS 0730 TO 1700, MONDAY THROUGH
FRIDAY; ON WEEKENDS AND DURING NONDUTY HOURS: STAFF DUTY OFFICER OF
COMMUNITY CONCERNED).
A. COMMUNITY COMMANDER ZUFFENHAUSEN-BAD CANNSTATT
TEL: WAEHREND DER DIENSTZEIT (DUTY): (0711) 819-6026/8392
AUSSERHALB DER DIENSTZEIT (NONDUTY): (0711) 819-8301/6095
ROBINSON BARRACKS (BURGHOLZHOF)
GRENADIER-KASERNE
WALLACE BARRACKS (GROSSE REITERKASERNE)
MCGEE BARRACKS (KLEINE REITERKASERNE)
5TH GENERAL HOSPITAL (US-KRANKENHAUS).
B. COMMUNITY COMMANDER MOEHRINGEN-DEGERLOCH
TEL: WAEHREND DER DIENSTZEIT (DUTY): (0711) 7209-345/353
AUSSERHALB DER DIENSTZEIT (NONDUTY): (0711) 7209-834/614
KELLEY BARRACKS (EHEM. LUFTNACHRICHTEN-KASERNE).
C. COMMUNITY COMMANDER VAIHINGEN
TEL: WAEHREND DER DIENSTZEIT (DUTY): (0711) 7301-8209/7146
AUSSERHALB DER DIENSTZEIT (NONDUTY): (0711) 7301-5261/5262
PATCH BARRACKS (KURMAERKER-KASERNE).
D. COMMUNITY COMMANDER BOEBLINGEN-SINDELFINGEN
TEL: WAEHREND DER DIENSTZEIT (DUTY): (07031) 15-605/606
AUSSERHALB DER DIENSTZEIT (NONDUTY): (07031) 15-806/606
PANZER-KASERNE.
E. COMMUNITY COMMANDER NELLINGEN-ESSLINGEN
TEL: WAEHREND DER DIENSTZEIT (DUTY): (0711) 3510-6188/7147
AUSSERHALB DER DIENSTZEIT (NONDUTY): (0711) 3510-8341/6450
NELLINGEN KASERNE, OSTFILDERN 2
ECHTERDINGEN AIRFIELD (FLUGPLATZ), LEINFELDEN-ECHTERDINGEN
FUNKER-KASERNE, ESSLINGEN/NECKAR.
F. COMMUNITY KORNWESTHEIM
TEL: WAEHREND DER DIENSTZEIT (DUTY): (07141) 15-343/373
AUSSERHALB DER DIENSTZEIT (NONDUTY): (07141) 15-815/885
COFFEY BARRACKS (FROMANN-KASERNE), LUDWIGSBURG
FLAK-KASERNE, LUDWIGSBURG-OSSWEIL
KARLS-KASERNE, LUDWIGSBURG
KRABBENLOCH-KASERNE, LUDWIGSBURG
MURPHY BARRACKS (MATHILDEN-KASERNE), LUDWIGSBURG
OSTERHOLZ AREA, LUDWIGSBURG-OSTERHOLZ
VALDEZ BARRACKS (REINHARDT-KASERNE), LUDWIGSBURG
LUDENDORFF-KASERNE, KORNWESTHEIM
WILKIN BARRACKS (HINDENBURG-KASERNE), KORNWESTHEIM
SACHSENHEIM US INSTALLATION (EHEM. FLUGPLATZ), SACHSENHEIM 1.
8. DONE AT STUTTGART THIS 30TH DAY OF AUGUST 1976 IN THE ENGLISH AND
GERMAN LANGUAGES, BOTH TEXTS BEING EQUALLY AUTHENTIC.
PAUL RAU
LANDESPOLIZEIPRAESIDENT
GERMANY, FEDERAL REPUBLIC OF 10 MAY 1976 FLITE DOCUMENT NO. 7950014
AGREEMENT EXECUTED 15 APRIL AND 10 MAY, 1976
AGREEMENT REGARDING JOINT USE OF THE US LA FAIRE VITE MICROWAVE SITE
LANDSHUT BY THE LAND POLICE.
THE US FORCES IN EUROPE, REPRESENTED BY THE DEPUTY CHIEF OF STAFF FOR
LOGISTICS (DCSLOG), HQ USAREUR AND SEVENTH ARMY, APO 09403, HEREAFTER
CALLED "US FORCES," ACTING ON BEHALF OF US ARMY SECURITY AGENCY, EUROPE,
HEREAFTER CALLED "USASA SYSTEMS ACTIVITY DETACHMENT EUROPE"
THE FREE STATE OF BAVARIA, REPRESENTED BY THE BAVARIAN STATE MINISTRY
OF THE INTERIOR, REPRESENTED BY THE LAND POLICE DIRECTORATE REGENSBURG,
ACTING ON BEHALF OF THE BAVARIAN LAND POLICE, HEREAFTER CALLED "LAND
POLICE"
THE FOLLOWING AGREEMENT REGARDING JOINT USE OF THE US LA FAIRE VITE
MICROWAVE SITE LANDSHUT BY THE LAND POLICE IS CONCLUDED.
THE PURPOSE OF THIS AGREEMENT IS TO DETERMINE THE CONDITIONS AND
REQUIREMENTS FOR THE INSTALLATION OF A RADIO TELEPHONE FACILITY ON THE
US GOVERNMENT CONSTRUCTED AND CONTROLLED LA FAIRE VITE SITE LANDSHUT
REQUIRED BY THE LAND POLICE. THE RADIO TELEPHONE FACILITY WILL BE USED
EXCLUSIVELY BY THE LAND POLICE TO MAINTAIN CONTACT WITH ITS POLICE
VEHICLES. JOINT USE OF THE US LA FAIRE VITE SITE IS NON-REIMBURSABLE.
IN RETURN FOR THE FREE USAGE OF THE US SITE, THE LAND POLICE AGREES THAT
ITS ROVING PATROLS WILL MAINTAIN ROUTINE OBSERVANCE OF THE UNMANNED US
LA FAIRE VITE SITES IN BAVARIA, IE., LANDSHUT, DACHAU, SEIBERSDORF,
BONSTETTEN, AND BRANDHOF. THIS OBSERVANCE WILL INCLUDE VERIFICATION
THAT FORCED ENTRY TO THE SITE HAS NOT BEEN MADE. IN THE EVENT FORCED
ENTRY IS DETECTED, THE COMMANDER, USASA SYSTEMS ACTIVITY DETACHMENT
EUROPE WILL BE NOTIFIED BY TELEPHONE: AUGSBURG CIVILIAN 0821-493306 OR
AUGSBURG MILITARY 2583-5656/5826. UPON EMERGENCY REQUEST BY THE US
FORCES, THE LAND POLICE WILL INVESTIGATE TO DETERMINE WHETHER
UNAUTHORIZED ACCESS TO THE SITE HAS OCCURRED.
INITIAL JOINT USE WILL BEGIN ON/ABOUT JANUARY 1976 OR AS DETERMINED
BY THE COMMANDER, USASA SYSTEMS ACTIVITY DETACHMENT, EUROPE.
A. THE LAND POLICE WILL SAVE FREE AND HARMLESS THE US FORCES/USASA
SYSTEMS ACTIVITY AND THEIR EMPLOYEES FROM ANY LIABILITY FOR PERSONAL
INJURY, DEATH, OR PROPERTY DAMAGE, INCLUDING THIRD PARTY CLAIMS,
INCURRED IN CONNECTION WITH ACTIVITIES BY THE LAND POLICE.
B. THE LAND POLICE IS LIABLE TO THE US FORCES, USASA SYSTEMS ACTIVITY
AND THEIR EMPLOYEES FOR PROPERTY DAMAGE, DEATH, OR PERSONAL INJURY,
INCLUDING THIRD PARTY CLAIMS, INCURRED IN CONNECTION WITH ACTIVITIES BY
THE LAND POLICE.
C. REPAIR OF DAMAGE, CAUSED BY THE LAND POLICE, WILL BE A LAND POLICE
RESPONSIBILITY OR THE US FORCES WILL BE REIMBURSED FOR EXPENSES INCURRED
TO REPAIR SUCH DAMAGE.
D. THE US GOVERNMENT WILL NOT BE HELD LIABLE FOR DAMAGE(S) BY ACTS OF
GOD, SUCH AS LIGHTNING, WINDS, HAIL, SNOW, ICE, ETC.
ANY FACILITIES MADE AVAILABLE TO THE LAND POLICE BY THE US
FORCES/USASA SYSTEMS ACTIVITY WILL BE RESTORED TO THEIR ORIGINAL
CONDITION, LESS FAIR WEAR AND TEAR, UPON TERMINATION OF THE AGREEMENT.
THE LAND POLICE WILL FURNISH ALL MATERIALS REQUIRED FOR THE
INSTALLATION OF THE POLICE RADIO TELEPHONE FACILITY AND IS SOLELY
RESPONSIBLE FOR THE MAINTENANCE AND REPAIR OF ITS INSTALLATION/EQUIPMENT
ON THE SITE.
ACCESS TO AND WITHIN THE LANDSHUT LA FAIRE VITE SITE WILL BE
COORDINATED WITH THE COMMANDER, USASA SYSTEMS ACTIVITY DETACHMENT
EUROPE. THE LAND POLICE WILL ENSURE THAT ONLY PERSONNEL WHOSE DUTIES
REQUIRE ACCESS TO THE SITE ARE PERMITTED ENTRY. THE LAND POLICE WILL
FURNISH THE COMMANDER, USASA SYSTEMS ACTIVITY DETACHMENT EUROPE WITH A
LIST OF LAND POLICE PERSONNEL AUTHORIZED ENTRY AND WILL UPDATE THE LIST
AS NECESSARY. THE LAND POLICE AGREES TO LIMIT ITS ACTIVITIES TO THE
ASSIGNED AREA(S).
THE USASA SYSTEMS ACTIVITY DETACHMENT EUROPE WILL REVIEW AND APPROVE
DRAWINGS AND SCHEDULE FOR THE INSTALLATION OF THE LAND POLICE RADIO
TELEPHONE FACILITY AND RESERVES THE RIGHT TO INSPECT THE WORK DURING
INSTALLATION. REVIEW INCLUDES ELECTRONIC EQUIPMENT, SIGNAL POWER
LEVELS, FREQUENCIES, ETC.
INSTALLATION AND USE OF THE LAND POLICE RADIO TELEPHONE FACILITY WILL
NOT IMPAIR OPERATIONS OF THE USASA SYSTEMS ACTIVITY. ANY INTERFERENCE
WITH THE LA FAIRE VITE SYSTEM WILL BE SUBJECT TO AN IMMEDIATE HALT OF
LAND POLICE OPERATIONS UNTIL SUCH TIME AS THE INTERFERENCE HAS BEEN
CORRECTED EITHER BY THE LAND POLICE OR AT THE EXPENSE OF THE LAND
POLICE. IF AN UNCORRECTABLE INTERFERENCE ARISES, THE LAND POLICE RADIO
TELEPHONE FACILITY WILL BE REMOVED.
THE ANTENNA WILL BE CONSTRUCTED IN SUCH A WAY TO MEET ICE AND WIND
LOADING SPECIFICATIONS IN ORDER TO PREVENT POSSIBLE DAMAGE TO THE LA
FAIRE VITE FACILITY.
ALL FUTURE DRAWINGS REGARDING MODIFICATIONS TO THE LAND POLICE RADIO
TELEPHONE FACILITY WILL REQUIRE REVIEW AND APPROVAL BY THE USASA SYSTEMS
ACTIVITY DETACHMENT EUROPE PRIOR TO START OF WORK. NO MODIFICATIONS
WILL BE PERMITTED TO THE EXISTING TOWER WHICH WILL DEGRADE ITS
OPERATIONAL OR STRUCTURAL SURVIVAL CHARACTERISTICS.
ALL UTILITY SUPPORT PROVIDED BY THE US FORCES/USASA SYSTEMS ACTIVITY
DETACHMENT EUROPE WILL BE SUBJECT TO REIMBURSEMENT EITHER DIRECTLY TO
THE GERMAN SUPPLIER OR TO THE US FORCES. INTERMEDIATE METERS WILL BE
INSTALLED (AND DISMANTLED UPON TERMINATION OF THE AGREEMENT) AT THE
EXPENSE OF THE LAND POLICE. IF THE INSTALLATION OF INTERMEDIATE METERS
IS NOT FEASIBLE, THE LAND POLICE WILL REIMBURSE ITS PROPORTIONATE SHARE
OF THE COST FOR UTILITY CONSUMPTION BASED UPON CALCULATED POWER
CONSUMPTION OF EQUIPMENT INSTALLED.
THE LAND POLICE AGREES TO COMPLY WITH ALL US FORCES/USASA SYSTEMS
ACTIVITY DETACHMENT EUROPE REGULATIONS/DIRECTIVES GOVERNING THE
OPERATION OF THE LA FAIRE VITE SITE. PERTINENT REGULATIONS WILL BE
ISSUED BY THE COMMANDER, USASA SYSTEMS ACTIVITY DETACHMENT EUROPE.
MODIFICATIONS AND/OR SUPPLEMENTS TO THIS AGREEMENT SHALL BE MADE BY
MUTUAL CONSENT. THEY HAVE TO BE IN WRITING AND WILL BECOME PART OF THIS
AGREEMENT.
THIS AGREEMENT BECOMES EFFECTIVE UPON SIGNATURE BY BOTH PARTIES TO
THE AGREEMENT.
THIS AGREEMENT TERMINATES WHENEVER THE US GOVERNMENT CEASES OPERATION
OF THE LANDSHUT LA FAIRE VITE SITE, THE US REQUIREMENTS WOULD
NECESSITATE SOLE USAGE, OR THE LAND POLICE IS NO LONGER INTERESTED IN
JOINT USE OF THE FACILITY.
THIS AGREEMENT IS WRITTEN IN BOTH THE ENGLISH AND GERMAN LANGUAGE.
BOTH TEXTS ARE EQUALLY BINDING.
FOR THE US FORCES IN EUROPE
HQ USAREUR & SEVENTH ARMY
HEIDELBERG
GENE F. WILSON
COL, GS
CHIEF, PLANS & OPS DIV
DATE: 15 APRIL 1976
GERMANY, FEDERAL REPUBLIC OF 12 MAY 1976 FLITE DOCUMENT NO. 7950013
AGREEMENT EXECUTED 11 AND 12 MAY 1976.
AGREEMENT ON THE PROVISION OF MUTUAL SUPPORT FOR BUNDESWEHR AND US
MILITARY PERSONNEL IN THE FEDERAL REPUBLIC OF GERMANY DURING TROOP
EXERCISES OR DURING ACTIVITIES UNDER "PROJECTS PARTNERSHIP".
AGREEMENT SUPERSEDES AGREEMENT OF 16/29 MARCH 1966.
THE COMMANDER IN CHIEF, UNITED STATES ARMY, EUROPE AND SEVENTH ARMY,
REPRESENTED BY THE DEPUTY CHIEF OF STAFF FOR LOGISTICS, HEIDELBERG
THE FEDERAL MINISTER OF DEFENSE OF THE FEDERAL REPUBLIC OF GERMANY,
BONN
THE PROVISION OF MUTUAL SUPPORT FOR BUNDESWEHR AND US MILITARY
PERSONNEL IN THE FEDERAL REPUBLIC OF GERMANY DURING TROOP EXERCISES OR
DURING ACTIVITIES UNDER "PROJECTS PARTNERSHIP".
THE BUNDESWEHR AGREES TO PROVIDE TO US MILITARY PERSONNEL SUBSISTENCE
SUPPORT IN BUNDESWEHR OPERATED DINING FACILITIES.
THE US ARMY AGREES TO PROVIDE TO BUNDESWEHR MILITARY PERSONNEL
SUBSISTENCE SUPPORT IN DINING FACILITIES OPERATED BY THE US ARMY.
LOCAL COMMANDERS OF THE UNITS AND/OR INSTALLATIONS INVOLVED ARE
RESPONSIBLE FOR SETTLING AMONG THEMSELVES ALL DETAILS FOR USE OF EACH
OTHER'S OPERATED DINING FACILITIES. SUBSISTENCE SUPPORT REQUIREMENTS
FOR LARGER GROUPS WILL BE PROVIDED BY GIVING 10 DAYS NOTIFICATION TO THE
RESPECTIVE UNITS OF THE BUNDESWEHR AND THE US ARMY. FOR SMALLER GROUPS
(UP TO 10 PERSONS), A 48-HOUR NOTIFICATION PERIOD IS DESIRED.
BUNDESWEHR AND US ARMY PERSONNEL MUST PRESENT THEIR IDENTIFICATION
UPON REQUEST.
A. A RESPONSIBLE PERSON, DESIGNATED BY THE LOCAL US OR GERMAN
UNIT/INSTALLATION COMMANDER, WILL REQUIRE EACH SOLDIER WHO BELONGS TO A
LARGER GROUP TO ENTER ON A PREPARED LIST THE TOTAL PRICE OF THE MEAL
CONSUMED, THE NAME OF HIS UNIT, AND HIS SIGNATURE PRIOR TO LEAVING THE
RESPECTIVE US OR GERMAN DINING FACILITY. THE PERSON IN CHARGE OF THE
GROUP BEING SUPPORTED WILL CERTIFY THE SUBSISTENCE SUPPORT RECEIVED.
B. THE LIST FOR US MILITARY PERSONNEL WHO RECEIVE SUBSISTENCE SUPPORT
FROM GERMAN DINING FACILITIES, TOGETHER WITH A REQUEST FOR PAYMENT, WILL
BE FORWARDED BY THE RESPONSIBLE GERMAN LOCAL COMMANDER TO THE US CENTRAL
FINANCE AND ACCOUNTING OFFICE, EUROPE, APO 09403, HEIDELBERG, FOR
SETTLEMENT.
C. THE LIST FOR BUNDESWEHR MILITARY PERSONNEL WHO RECEIVE SUBSISTENCE
SUPPORT FROM US DINING FACILITIES, TOGETHER WITH A REQUEST FOR PAYMENT,
WILL BE FORWARDED BY THE RESPONSIBLE US LOCAL COMMANDER TO THE
BUNDESWEHRVERWALTUNGSAMT, BONNER TALWEG 177, 5300 BONN, FOR SETTLEMENT.
D. PAYMENT OF THE TOTAL AMOUNT WILL BE EFFECTED WITHIN 30 DAYS AFTER
RECEIPT OF THE BILL IN THE CURRENCY OF THAT NATION WHICH HAS PROVIDED
THE SUBSISTENCE SUPPORT.
E. INDIVIDUAL MILITARY PERSONNEL WILL RECEIVE SUBSISTENCE SUPPORT IN
THE DINING FACILITIES OF THE OTHER AGREEMENT PARTY AGAINST CASH PAYMENT.
PAYMENT WILL BE EFFECTED IN THE CURRENCY OF THE NATION PROVIDING THE
SUBSISTENCE SUPPORT.
A. IN FURTHERANCE OF COOPERATION, IT IS AGREED THAT FOR THE OFFICIAL
EXCHANGE OF BUNDESWEHR AND US MILITARY PERSONNEL DURING ACTIVITIES UNDER
"PROJECTS PARTNERSHIP" OVERNIGHT TROOP BILLET ACCOMMODATIONS NOT TO
EXCEED 30 DAYS WILL BE PROVIDED ON A RECIPROCAL BASIS, AS FAR AS
POSSIBLE. THESE PLANS WILL BE COORDINATED AMONG THE LOCAL
UNIT/INSTALLATION COMMANDERS, DATES WILL BE ESTABLISHED, AND LOGISTICAL
SUPPORT DEFINED. ALL SUCH SUPPORT WILL BE GRANTED ON A NONREIMBURSABLE
BASIS. ACCOMMODATIONS BEYOND 30 DAYS REQUIRE SPECIAL APPROVAL BY THE
RESPONSIBLE NATIONAL AUTHORITIES.
B. THE TROOP BILLET ACCOMMODATIONS COVERED BY THIS AGREEMENT ARE
APPROPRIATED FUND FACILITIES. NONAPPROPRIATED FUND HOTELS AND
ACCOMMODATIONS ARE EXCLUDED.
A. THIS AGREEMENT BECOMES EFFECTIVE UPON THE SIGNATURE OF BOTH
PARTIES THERETO. IT IS DONE IN DUPLICATE IN THE ENGLISH AND GERMAN
LANGUAGES. BOTH VERSIONS ARE EQUALLY BINDING.
B. THIS AGREEMENT SUPERSEDES THE AGREEMENT REACHED BY CORRESPONDENCE
BETWEEN THE COMMANDER IN CHIEF, UNITED STATES ARMY, EUROPE AND SEVENTH
ARMY AND THE FEDERAL MINISTER OF DEFENSE OF THE FEDERAL REPUBLIC OF
GERMANY, DATED 16/29 MARCH 1966, REGARDING SUBSISTENCE SUPPORT AGAINST
CASH PAYMENTS FOR BUNDESWEHR AND US FORCES SOLDIERS.
C. THIS AGREEMENT MAY BE AMENDED BY MUTUAL CONSENT OF THE PARTIES
THERETO. AMENDMENTS MUST BE MADE IN WRITING.
D. EITHER PARTY MAY TERMINATE THIS AGREEMENT BY GIVING SIX MONTHS
NOTICE.
HEIDELBERG,
FOR THE COMMANDER IN CHIEF,
UNITED STATES ARMY, EUROPE
AND SEVENTH ARMY
GENE F. WILSON
COL, GS
C, P&O DIV
DATE: 12 MAY 1976
AEAGD-PO-A
SUBJECT: AGREEMENT FOR SUBSISTENCE AND TROOP BILLET SUPPORT FOR US
CDR, V CORPS, ATTN: AETVDI-P, APO 09097
CDR, VII CORPS, ATTN: AETSDIO-O, APO 09154
CDR, US ARMY BERLIN, ATTN: G-4, AEBA-GD, APO 09742
CDR, USASETAF, ATTN: AESE-GDL-PO, APO 09168
CDR, 32D AADCOM, APO 09175
CDR, 1ST SPT BDE, ATTN: AERSV-P, APO 09325
CDR, USAMMAE, ATTN: AEUM-SO-I, APO 09052
CDR, USAMEDCOMEUR, APO 09403
CDR, USAELM HQ CENTAG, ATTN: S-4, APO 09099
CDR, 56TH FA BDE, ATTN: S-4, APO 09281
CDR, 4TH TRANS BDE, ATTN: S-4, APO 09451
CDR, 7TH SIG BDE, ATTN: S-4, APO 09028
CDR, 11TH AVN GP, ATTN: S-4, APO 09025
CDR, 21ST REPL BN, ATTN: S-4, APO 09757
CDR, 24TH ENGR GP, ATTN: S-4, APO 09164
CDR, 59TH ORD GP, ATTN: S-4, APO 09189
CDR, 649TH ENGR BN, ATTN: S-4, APO 09081
CDR, NSSG, ATTN: AEUSG-SM, S-4, APO 09055
CDR, USAREUR AG SPT CEN, ATTN: S-4, APO 09090
CDR, USAREUR & 7TH ARMY SPECIAL TROOPS, ATTN: DIO, APO 09102
CDR, 60TH ORD GP, APO 09052
CDR, 66TH MI GP, APO 09108
GERMANY, FEDERAL REPUBLIC OF 3 MAY 1976 FLITE DOCUMENT NO. 7950012
AMENDMENT NO. 1 EXECUTED 16 APRIL AND 3 MAY 1976.
AMENDMENT REGARDING THE FURNISHING AND REIMBURSEMENT OF SERVICES
RENDERED TO THE US FORCES AT BAD MERGENTHEIM.
AMENDMENT NO. 1 TO AGREEMENT OF 22 OCTOBER 1974.
TO THE AGREEMENT BETWEEN THE FEDERAL REPUBLIC OF GERMANY, REPRESENTED
BY THE MILITARY DISTRICT ADMINISTRATION V, STUTTGART, AND THE US ARMY IN
EUROPE AND SEVENTH ARMY, REPRESENTED BY THE DEPUTY CHIEF OF STAFF FOR
LOGISTICS, HEIDELBERG, DATED 22 OCTOBER 1974, REGARDING THE FURNISHING
AND REIMBURSEMENT OF SERVICES RENDERED TO THE US FORCES AT BAD
MERGENTHEIM.
WHEREAS ARTICLE 3 - FURNISHING OF REIMBURSABLE SERVICES - DOES NOT
PROVIDE FOR THE PERFORMANCE OF MINOR REPAIR WORK.
NOW THEREFORE PARAGRAPH G IS ADDED TO ARTICLE 3 TO READ AS FOLLOWS:
"G. MINOR REPAIR WORK (BLDG 7), NOT TO EXCEED THREE HOURS PER
CRAFTSMAN:
- REPLACEMENT OF DEFECTIVE LIGHT SWITCHES AND RECEPTACLES
- PACKING OF WATER FAUCETS AND REPLACEMENT, IF REQUIRED
- REPLACEMENT OF FUSES AND CIRCUIT BREAKERS
- REPAIR OF MINOR DEFECTS AT THE ELECTRIC LINES
- REPAIR OF MINOR DAMAGES AT THE WATER MAIN SYSTEM
- ASSISTANCE IN CASES OF EMERGENCY, FOR INSTANCE BREAKAGE OF PIPES."
WHEREAS ARTICLE 8 - SETTLEMENT OF COSTS - DOES NOT INCLUDE MINOR
REPAIR WORK
NOW THEREFORE THE FIRST AND FOURTH SENTENCE OF ARTICLE 8 ARE AMENDED
TO READ:
"COSTS FOR UTILITY SERVICES AND MINOR REPAIR WORK, LISTED IN ARTICLE
3, WILL BE BORNE BY THE US FORCES. (ART. 63, PARAGRAPH 4(D), SA TO NATO
SOFA."
"SUBSEQUENT BILLING FOR PROPORTIONATE HEATING AND HOT WATER COSTS AS
WELL AS FOR MINOR REPAIR WORK IN ACCORDANCE WITH ARTICLE 3G WILL BE
EFFECTED QUARTERLY."
FOR THE FEDERAL REPUBLIC
OF GERMANY
MILITARY DISTRICT ADMINISTRATION
V, STUTTGART
(WILLERS)
GERMANY, FEDERAL REPUBLIC OF 27 JUN 1976 FLITE DOCUMENT NO. 7950011
AGREEMENT EXECUTED 25 AND 27 JUNE 1976.
AGREEMENT GRANTING THE BUNDESWEHR PERMISSION TO CO-USE THE US
TRAINING AREA LAMPERTHEIM.
THE COMMANDER IN CHIEF, UNITED STATES ARMY, EUROPE AND SEVENTH ARMY,
REPRESENTED BY THE DEPUTY CHIEF OF STAFF FOR LOGISTICS (DCSLOG), HQ
USAREUR AND SEVENTH ARMY, HEIDELBERG,
THE FEDERAL MINISTER OF DEFENSE OF THE FEDERAL REPUBLIC OF GERMANY,
BONN, REPRESENTED BY MILITARY DISTRICT ADMINISTRATION IV, WEISBADEN.
1. THE US FORCES GRANT THE BUNDESWEHR PERMISSION TO CO-USE THE US
TRAINING AREA LAMPERTHEIM. (LAND)
2. CO-UTILIZATION IS GRANTED FOR THE PURPOSE OF MILITARY TRAINING OF
THE BUNDESWEHR.
1. CO-UTILIZATION OF THE US TRAINING AREA BY THE BUNDESWEHR IS
GRANTED UNDER THE FOLLOWING CONDITIONS:
A. BY NOT LATER THAN THE 20TH OF EACH MONTH, THE BUNDESWEHR WILL
SUBMIT TO THE US FORCES ITS TRAINING SCHEDULE FOR THE FORTHCOMING MONTH.
THE US FORCES INCORPORATE THE BUNDESWEHR TRAINING SCHEDULE INTO THE
OVERALL TRAINING SCHEDULE OF THE US TRAINING AREA AND FORWARDS
CONFIRMATION OF THE TRAINING DATES TO VERTEIDIGUNGSKREISKOMMANDO 522
(ZUGLEICH STOA MANNHEIM) NEBENIUSSTRASSE, 9, 6800 MANNHEIM 1 BY THE END
OF THE MONTH.
B. IN ADDITION TO THE SCHEDULED TRAINING DESCRIBED UNDER PARAGRAPH A,
ABOVE, THE BUNDESWEHR MAY REQUEST, ON SHORT NOTICE, ALLOCATION OF
ADDITIONAL TRAINING TIME. SUCH REQUESTS WILL BE HONORED, WHENEVER
POSSIBLE, PROVIDED THAT THE ALLOCATION IS REQUESTED IN WRITING 2 WEEKS
PRIOR TO THE PROPOSED TRAINING DATE. SUCH TRAINING WILL BE COORDINATED
BETWEEN A LIAISON OFFICER, TO BE DESIGNATED BY THE BUNDESWEHR, AND THE
US FORCES.
2. THE BUNDESWEHR OBLIGATES ITSELF TO STRICTLY COMPLY WITH ALL
REGULATIONS GOVERNING THE OPERATION OF THE US TRAINING AREA. PERTINENT
REGULATIONS AND ANY SPECIAL DIRECTIVES WILL BE REQUESTED BY THE
BUNDESWEHR FROM THE US FORCES PRIOR TO THE FIRST CO-UTILIZATION. THESE
REGULATIONS WILL BE BROUGHT TO THE ATTENTION OF THE OFFICER IN CHARGE OF
FIRING SESSIONS OF THE BUNDESWEHR, AND IT WILL BE HIS RESPONSIBILITY TO
REPORT ANY INCIDENT TO THE COMMANDER, 3D BRIGADE, 8TH INFANTRY DIVISION,
ATTN: RANGE CONTROL, APO 09028.
3. A. CO-UTILIZATION OF THE US TRAINING AREA MUST NOT JEOPARDIZE THE
PHYSICAL INTEGRITY NOR THE SAFETY OF THE AREA. THE BUNDESWEHR WILL NOT
EFFECT ANY PERMANENT CHANGES TO, OR CONSTRUCT ANY ADDITIONAL
INSTALLATIONS AT THE CO-USED FACILITIES.
B. THE BUNDESWEHR AGREES TO RETURN THE TRAINING AREA IN CLEAN AND
PROPER CONDITION AND TO REPORT ANY DAMAGE NOTED TO THE US FORCES WITHOUT
DELAY.
4. PRIOR TO AND AFTER EACH CO-USE OF THE US TRAINING AREA BY THE
BUNDESWEHR, THE BUNDESWEHR LIAISON OFFICER AND A US FORCES OFFICER WILL
JOINTLY INSPECT THE TRAINING AREA. A WRITTEN CONDITION REPORT WILL BE
PREPARED IN THE EVENT OF DAMAGE, A DETERIORATION OF THE CONDITION OF THE
TRAINING AREA, OR UPON REQUEST OF ONE OF THE AGREEMENT PARTIES.
1. THE BUNDESWEHR PROVIDES THE FOLLOWING EQUIPMENT: AFTER 1 JULY
1976, SILHOUETTE TARGETS;
2. THE US FORCES PROVIDE THE FOLLOWING EQUIPMENT: UNTIL 30 JUNE
1973 SILHOUETTE TARGETS, AND EQUIPMENT TO POLICE THE RANGE. THIS
EQUIPMENT WILL BE PROVIDED BEYOND 30 JUNE 1975.
3. THE US FORCES PROVIDE CONNECTION TO THE US MILITARY TELEPHONE NET
AT THE TRAINING AREA.
THE BUNDESWEHR WILL PARTICIPATE IN RESCUE OPERATIONS UNDER THE
SUPERVISION OF THE US FORCES SAFETY OFFICER. VEHICLES REQUIRED WILL BE
FURNISHED BY THE BUNDESWEHR WITHIN CAPABILITY.
1. THE US FORCES WILL COMPUTE THE ANNUAL OPERATING COSTS (AS
DELINEATED IN ARTICLE 63, (4) (D), SA TO NATO SOFA) FOR USE OF THE US
TRAINING AREA AS OF 31 DECEMBER OF EACH YEAR.
2. THE BUNDESWEHR WILL REIMBURSE THE US FORCES ITS PROPORTIONATE
SHARE OF COSTS, BASED ON THE NUMBER OF TRAINING AREA USAGE DAYS AND
COMPUTED IN ACCORDANCE WITH PARAGRAPH 1, ABOVE. ADDITIONALLY, THE
BUNDESWEHR WILL REIMBURSE COSTS FOR EQUIPMENT MADE AVAILABLE BY THE US
FORCES IN ACCORDANCE WITH ARTICLE 3, PARAGRAPH 2.
3. THE US FORCES WILL FURNISH THE BUNDESWEHR AN ANNUAL BILL OF THOSE
COSTS TO BE REIMBURSED IN ACCORDANCE WITH PARAGRAPH 2, ABOVE. THE BILL
WILL BE IN DUPLICATE AND PAID BY THE BUNDESWEHR WITHIN ONE MONTH AFTER
RECEIPT BY REMITTING THE AMOUNT DUE TO THE COMMANDER, 45TH FINANCE
SECTION, ATTN: DISBURSING OFFICER, PANZER KASERNE, 675 KAISERSLAUTERN.
1. THE BUNDESWEHR AGREES TO REPAIR ANY DAMAGE RESULTING FROM ITS
JOINT USE OF THE US TRAINING AREA, OR TO REIMBURSE THE US FORCES FOR
DAMAGE REPAIRED BY THE LATTER, INCLUDING REIMBURSEMENT FOR JUSTIFIED
CLAIMS FOR DAMAGE FILED BY THIRD PARTIES, SUBJECT, HOWEVER, TO THE
PROVISIONS OF ARTICLE VIII OF THE NATO STATUS OF FORCES AGREEMENT AND
ARTICLE 41 OF THE SUPPLEMENTARY AGREEMENT THERETO.
2. DAMAGE ON WHICH NO AGREEMENT CAN BE REACHED AT THE TIME OF THE
INSPECTION (PARAGRAPH 4, ARTICLE 2) WILL BE REFERRED TO THE NEXT HIGHER
HEADQUARTERS/AUTHORITY FOR DECISION.
1. THIS AGREEMENT BECOMES EFFECTIVE THE DATE THE AGREEMENT IS SIGNED
BY BOTH PARTIES. TWO ORIGINAL COPIES WILL BE PREPARED IN BOTH ENGLISH
AND GERMAN, WITH THE WORDING OF BOTH VERSIONS EQUALLY BINDING.
2. THIS AGREEMENT MAY BE CHANGED BY MUTUAL CONSENT OF THE PARTIES TO
IT. CHANGES WILL BE MADE IN WRITING.
3. EITHER PARTY TO THE AGREEMENT MAY TERMINATE THE AGREEMENT BY
GIVING A 3-MONTH NOTICE.
DONE AT WEISBADEN ON 27 JUN 1976
THE FEDERAL MINISTER OF DEFENSE,
FEDERAL REPUBLIC OF GERMANY,
REPRESENTED BY MILITARY
DISTRICT ADMINISTRATION IV
- IV B 2 -, POSTFACH 5902,
MOLTKERING 9,
6200 WIESBADEN
DONE AT HEIDELBERG ON 15 JUN 1976
THE COMMANDER IN CHIEF
UNITED STATES ARMY, EUROPE,
REPRESENTED BY THE DEPUTY
CHIEF OF STAFF FOR LOGISTICS,
UNITED STATES ARMY, EUROPE
GENE F. WILSON
COL, GS
C, PLANS & OPS DIV
ODCSLOG, USAREUR
GERMANY, FEDERAL REPUBLIC OF 15 JUN 1976 FLITE DOCUMENT NO. 7950010
AGREEMENT EXECUTED 5 AND 15 JUNE 1976.
AGREEMENT REGARDING USE OF THE BUNDESWEHR AMMUNITION DEPOT, LOCATED
AT WEIDEN.
THE US ARMY, EUROPE, REPRESENTED BY THE DEPUTY CHIEF OF STAFF FOR
LOGISTICS (DCSLOG), HQ USAREUR AND SEVENTH ARMY, HEIDELBERG,
MILITARY DISTRICT ADMINISTRATION VI, MUNICH,
REGARDING USE OF THE BUNDESWEHR AMMUNITION DEPOT, LOCATED AT WEIDEN.
1. PURPOSE: WITH THE APPROVAL OF MILITARY DISTRICT COMMAND VI, THE
WEIDEN SENIOR OFFICER PROVIDES SPACE AT WEIDEN GARRISON AMMUNITION DEPOT
FOR STORAGE OF TWO US MILVAN TRAILERS LOADED WITH AMMUNITION. THE
LOCATION OF THE STORAGE AREA IS MARKED IN RED ON THE ATTACHED SITE MAP
WHICH IS PART OF THIS AGREEMENT AS ANNEX "A".
2. DESCRIPTIVE DATA PERTAINING TO MILVAN TRAILERS AND AMMUNITION:
A. EACH MILVAN TRAILER HAS THE FOLLOWING MEASUREMENTS:
HEIGHT 12 FEET (4 METERS)
WIDTH 8 FEET (2.6 METERS)
LENGTH (WITH DOLLY) 26 FEET (6.5 METERS)
WEIGHT (WITH DOLLY) EMPTY 6.000 LBS.
B. THE TOTAL NET EXPLOSIVE CONTENT (NEC) OF BOTH TRAILERS WILL NEVER
EXCEED 2.000 KILOGRAMS.
C. THE VEHICLE CLASSIFICATION FOR EACH TRAILER WITH AMMUNITION IS
CLASS 9.
D. AMMUNITION MAY BE CHANGED TO ALLOW FOR EXCHANGE OR SUBSTITUTION,
AS LONG AS THE TOTAL NEC DOES NOT EXCEED 2.000 KILOGRAMS. AN INVENTORY
LIST FOR EACH TRAILER WILL BE PRESENTED TO THE BUNDESWEHR UPON ENTRY TO
THE GARRISON AMMUNITION STORAGE AREA.
3. SPECIFIC CONDITIONS AND PROVISIONS:
A. USAREUR WILL:
(1) OBSERVE A DISTANCE OF 35 METERS BETWEEN THE BOUNDARY (FENCE) OF
THE BUNDESWEHR AMMUNITION DEPOT AND THE MILVAN STORAGE AREA;
(2) OBSERVE A 35 METER DISTANCE TO THE NEAREST AMMUNITION BUNKER;
(3) OBSERVE A DISTANCE OF 8 METERS BETWEEN THE TWO MILVAN TRAILERS TO
BE PARKED IN THE AREA MENTIONED IN ARTICLE 1, ABOVE. EACH MILVAN
TRAILER, WHEN LOADED, WILL HAVE A WEIGHT OF 11 TONS.
(4) ACCESS TO THE GARRISON AMMUNITION DEPOT BY US ARMY PERSONNEL WILL
BE SETTLED UNDER A SEPARATE ARRANGEMENT BETWEEN THE WEIDEN SENIOR
OFFICER AND THE US ARMY. THIS ARRANGEMENT IS PART OF THIS AGREEMENT.
(5) IN ACCORDANCE WITH ZDV/34/2, ONLY WHEELED VEHICLES WITH DIESEL
ENGINES AND EQUIPPED WITH MUFFLERS WILL BE USED. TRACKED VEHICLES MAY
BE USED IN ACTUAL EMERGENCIES ONLY.
B. WEIDEN SENIOR OFFICER WILL:
(1) MAKE THE MILVAN TRAILER STORAGE AREA AVAILABLE FOR AN INDEFINITE
PERIOD OF TIME.
(2) ASSUME ALL GUARD RESPONSIBILITIES AT THE GARRISON AMMUNITION
DEPOT, INCLUDING THE MILVAN TRAILER PARKING AREA.
(3) PERFORM MAINTENANCE AND REPAIR OF THE MILVAN TRAILER STORAGE AREA
ON AN AS-NEEDED BASIS AGAINST REIMBURSEMENT.
4. INVENTORY AND CONDITION REPORT, DAMAGE, RESIDUAL VALUE:
A. UPON CONCLUSION AND TERMINATION OF THIS AGREEMENT, INVENTORY AND
CONDITION REPORTS WILL BE JOINTLY ESTABLISHED BY REPRESENTATIVES OF THE
PARTIES TO THIS AGREEMENT. UPON TERMINATION OF THE AGREEMENT THESE
REPORTS WILL SERVE AS BASIS FOR DETERMINATION WHETHER ANY DAMAGE AND/OR
DETERIORATION OCCURRED TO THE GARRISON AMMUNITION DEPOT ON ACCOUNT OF
USAREUR'S JOINT USE THEREOF.
B. UPON RETURN, THE JOINTLY USED PART OF THE GARRISON AMMUNITION
STORAGE DEPOT WEIDEN MUST BE IN A CONDITION SIMILAR TO THAT WHICH
EXISTED AT THE TIME OF TURNOVER, FAIR WEAR AND TEAR EXCEPTED.
C. UPON TERMINATION OF THE AGREEMENT, USAREUR AND WBV WILL NEGOTIATE
A RESIDUAL VALUE SETTLEMENT IF US FUNDED IMPROVEMENTS ARE LEFT IN PLACE
AT THE GARRISON AMMUNITION STORAGE DEPOT WEIDEN.
5. CLAIMS: ALL CLAIMS FOR PERSONAL AND/OR PROPERTY DAMAGE,
INCLUDING THE SATISFACTION OF JUSTIFIED THIRD PARTY CLAIMS - THAT MEANS
ALSO THOSE OF THE BUNDESWEHR - WILL BE SETTLED IN ACCORDANCE WITH THE
PROVISIONS OF ARTICLE VIII, NATO SOFA, AND ARTICLE 41, SUPPLEMENTARY
AGREEMENT THERETO.
6. SETTLEMENT OF FINANCIAL OBLIGATIONS:
A. THIS AGREEMENT IS NOT A PAYMENT DOCUMENT AND DOES NOT OBLIGATE ANY
US FUNDS.
B. PAYMENTS TO BE MADE BY USAREUR FOR CONSTRUCTION OF THE MILVAN
TRAILER STORAGE AREA AS WELL AS FOR ITS MAINTENANCE AND REPAIR WILL BE
EFFECTED IN THE BASIS OF A SEPARATE CONTRACT. THIS CONTRACT WILL BE
CONCLUDED BETWEEN A US CONTRACTING OFFICER AND A COMPETENT PERSON OR
AGENCY TO BE DESIGNATED BY THE SUPERIOR FINANCE DIRECTION NUREMBERG.
7. EFFECTIVE DATE, DURATION, TERMINATION:
A. THIS AGREEMENT BECOMES EFFECTIVE UPON SIGNATURE BY BOTH PARTIES
THERETO. IT WILL REMAIN IN EFFECT FOR AN INDEFINITE PERIOD OF TIME, AT
LEAST AS LONG AS USAREUR HAS A REQUIREMENT FOR THE MILVAN TRAILER
STORAGE AREA.
B. THIS AGREEMENT MAY EITHER BE TERMINATED BY MUTUAL CONSENT OF BOTH
PARTIES TO THE AGREEMENT, OR, IF ONLY ONE AGREEMENT PARTNER WISHES TO
WITHDRAW FROM THE AGREEMENT, BY NOTIFYING THE OTHER PARTY IN WRITING OF
HIS INTENT TO TERMINATE THE AGREEMENT 180 DAYS AHEAD OF THE DESIRED
TERMINATION DATE.
8. AMENDMENTS AND/OR SUPPLEMENTS: THIS AGREEMENT CAN BE AMENDED
AND/OR SUPPLEMENTED BY MUTUAL CONSENT OF THE AGREEMENT PARTIES.
AMENDMENTS AND/OR SUPPLEMENTS MUST BE MADE IN WRITING AND HAVE TO BE
SIGNED BY THE PARTIES TO THIS AGREEMENT IN ORDER TO BECOME EFFECTIVE.
9. LANGUAGE: THIS AGREEMENT IS MADE IN ENGLISH AND GERMAN. BOTH
AGREEMENT TEXTS ARE EQUALLY BINDING.
FOR THE US ARMY, EUROPE:
GENE F. WILSON
COL, GS
C, PLANS & OPS DIV
MILITARY DISTRICT ADMINISTRATION IV:
GERMANY, FEDERAL REPUBLIC OF 28 JUL 1976 FLITE DOCUMENT NO. 7950009
ADDENDUM 1 TO MEMORANDUM OF UNDERSTANDING EXECUTED 28 JULY 1976
ADDENDUM CONCERNING THE HARMONIZATION OF THE US TANK XM-1 AND THE FRG
TANK LEOPARD 2.
ADDENDUM 1 TO THE MEMORANDUM OF UNDERSTANDING OF DECEMBER 11, 1974.
DURING THE WEEK OF JULY 28, 1976, REPRESENTATIVES OF THE FRG AND OF
THE US CONFERRED IN BONN, FEDERAL REPUBLIC OF GERMANY CONCERNING THE
PROCEDURES TO BE FOLLOWED IN ATTEMPTING TO IDENTIFY AND AMPLIFY AREAS OF
POTENTIAL STANDARDIZATION IN THE NEW COMBAT TANK PROGRAMS OF THE TWO
COUNTRIES.
THESE MEETINGS WERE MOST PRODUCTIVE AND WILL APPRECIABLY ENHANCE THE
LEVEL OF STANDARDIZATION TO BE ACHIEVED IN THE TWO NATIONAL TANKS. THE
ATTACHED UNDERSTANDING, IN THE FORM OF ADDENDUM NO. 1 TO THE DECEMBER
1974 MOU, SETS FORTH THE AGREEMENTS WHICH HAVE BEEN REACHED.
BELIEVING THAT THE EXECUTION AND IMPLEMENTATION OF THE ADDENDUM BY
BOTH GOVERNMENTS WILL STRENGTHEN NATO DEFENSE AND DETERRENT BY
FURTHERING STANDARDIZATION, WE HEREBY DIRECT OUR DEPARTMENTS TO
UNDERTAKE IMPLEMENTATION OF THE ABOVE MENTIONED AGREEMENTS WITHOUT
DELAY.
UNITED STATES OF AMERICA
WASHINGTON, D.C.
3 AUGUST 1976
MEMORANDUM OF UNDERSTANDING BETWEEN THE UNITED STATES OF AMERICA
REPRESENTED BY THE UNITED STATES DEPARTMENT OF THE ARMY AND THE
FEDERAL REPUBLIC OF GERMANY REPRESENTED BY THE FEDERAL MINISTRY
OF DEFENSE CONCERNING THE HARMONIZATION OF THE US TANK XM-1 AND
THE FRG TANK LEOPARD 2 DATED DECEMBER 11, 1974.
THE UNITED STATES DEPARTMENT OF THE ARMY (USDA) AND THE FEDERAL
MINISTRY OF DEFENSE (FMOD) OF THE FEDERAL REPUBLIC OF GERMANY (FRG)
HAVING ENTERED INTO THE ABOVE-MENTIONED MEMORANDUM OF UNDERSTANDING
CONCERNING THE HARMONIZATION AND STANDARDIZATION OF THE US TANK XM-1 AND
THE FRG TANK LEOPARD 2 IN 1974, IN FURTHERANCE OF THE MEMORANDUM OF
UNDERSTANDING THE FEDERAL MINISTRY OF DEFENSE AND THE DEPARTMENT OF
DEFENSE NOW DESIRE TO IDENTIFY AND SPECIFY AREAS OF STANDARDIZATION OF
THEIR RESPECTIVE TANKS AND TO THIS END PROVIDE AS FOLLOWS:
RESPONDING TO THE URGENCY TO OFFSET THE SIZEABLE EFFORT THE WARSAW
PACT NATIONS HAVE BEEN
DEVOTING IN THE GENERAL PURPOSE FORCES;
RECOGNIZING THE IMPORTANCE OF STANDARDIZATION AMONG NATO ALLIES,
ESPECIALLY FROM A
LOGISTICAL AND OPERATIONAL STANDPOINT;
NOTING THE MAJOR ADVANTAGES WHICH CAN BE ACHIEVED FROM
STANDARDIZATION IN THE AREA OF
CONSUMABLES, SUCH AS FUEL AND AMMUNITION, AND IN THOSE OTHER AREAS
REQUIRING SUBSTANTIAL
LOGISTICAL SUPPORT SUCH AS THE GUN, TRACK, ENGINE, TRANSMISSION, AND
FIRE CONTROL;
INTENDING THAT EACH PARTY WILL MANUFACTURE ALL HARDWARE OF ITS
PRODUCTION TANKS
DOMESTICALLY UNLESS IT SPECIFICALLY ELECTS NOT TO DO SO;
CONFIRMING THAT IT IS THE INTENTION OF BOTH PARTIES THAT DATA AND
LICENSE RIGHTS ON
STANDARDIZED ITEMS WILL BE EXCHANGED BETWEEN THEM UNDER FAIR AND
REASONABLE CONDITIONS;
PRESCRIBING THAT THE COMPARATIVE TESTS OF THE LEOPARD 2 AND THE XM-1
WILL CONTINUE IN
KEEPING WITH THE MOU.
IN FURTHERANCE OF THESE OBJECTIVES, THE PARTIES DO AGREE AS FOLLOWS:
I. COMMON STANDARD ITEMS
A 120 MM GUN
(1) THE US WILL IMMEDIATELY INITIATE DEVELOPMENT OF A TURRET
DESIGN(S) FOR THE XM-1 WHICH IS COMPATIBLE WITH BOTH THE 105 MM AND THE
SMOOTH BORE AND RIFLED BORE 120 MM GUNS. (THE SAME TURRET NEED NOT
ACCOMMODATE BOTH 120 MM GUN CONFIGURATIONS.) AT LEAST TWO OF THE
ENGINEERING DEVELOPMENT MODELS TO BE PROCURED UNDER THE FULLSCALE
ENGINEERING DEVELOPMENT CONTRACT WICH THE USDA INTENDS TO AWARD WITHIN
THE NEXT SEVERAL MONTHS WILL BE FITTED WITH THIS NEW TURRET. ALL
PRODUCTION MODELS OF THE XM-1 WILL INCORPORATE THIS DUAL-CAPABLE TURRET.
TO FACILITATE THIS DEVELOPMENT EFFORT, THE FRG WILL IMMEDIATELY
DELIVER TO THE USDA ALL AVAILABLE TECHNICAL DATA REQUIRED FOR THE
INSTALLATION DESIGN OF THE 120 MM SMOOTH BORE GUN IN THE XM-1 TURRET.
SUBSEQUENTLY, THE FRG WILL LOAN AT FRG EXPENSE TWO (2) UNITS OF THE GUN
AND PROVIDE APPROPRIATE TEST QUANTITIES OF AMMUNITION IMMEDIATELY UPON
REQUEST SUBSEQUENT TO 15 JANUARY 1977.
(2) THE FRG WILL OBSERVE THE US TESTING OF THE UK GUN AND AMMUNITION
AND WILL CONTINUE INVESTIGATIONS OF CHANGES REQUIRED TO MOUNT THE RIFLED
GUN IN THE LEOPARD 2 TURRET.
(3) THE FRG AND THE US AND, HOPEFULLY, THE UK AND OTHER NATO NATIONS,
WILL AGREE BY 15 JANUARY UPON A 120 MM CONFIGURATION (SMOOTH BORE OR
IMPROVED RIFLED), MEETING BOTH THE XM-1 AND LEOPARD 2 REQUIREMENTS AND
SUITABLE FOR INTRODUCTION INTO PRODUCTION BY MARCH 1977. THE FRG AND US
WILL ENTER INTO A SEPARATE AGREEMENT TO PROVIDE FOR TESTING OF THE FRG
SMOOTH BORE GUN IN SUPPORT OF THIS DECISION.
(4) THE US WILL INITIATE PRODUCTION OF THE 120 MM GUN AND AMMUNITION
AT SUCH TIME AS IT MEETS THE REQUIREMENT OF BEING READY FOR PRODUCTION
AND IS CERTIFIED AS SUCH BY THE DEVELOPING NATION INCLUDING ALL
SPECIFIED UNIQUE US REQUIREMENTS, AND THE MANUFACTURING DATA USED BY THE
DEVELOPING CONTRACTOR IS MADE AVAILABLE TO THE USDA OR ITS
CONTRACTOR(S). XM-1 TANKS MANUFACTURED SUBSEQUENT TO THE AVAILABILITY
OF DOMESTICALLY MANUFACTURED 120 MM GUNS WILL BE EQUIPPED WITH SUCH
GUNS. THE ABOVE SPECIFIED UNIQUE US REQUIREMENTS WILL BE DEFINED BY THE
USDA AND DELIVERED TO THE FRG BY 15 JANUARY 1977. SPECIAL TEST DATA
REQUIREMENTS WILL BE SUBMITTED TO THE FRG BY 15 OCTOBER 1976.
(5) THE LEOPARD 2 TANK, TO BE DELIVERED TO THE US IN SEPTEMBER 1976,
WILL BE FITTED WITH A 105 MM GUN AND TESTED IN ACCORDANCE WITH THE 11
DECEMBER 1974 MEMORANDUM OF UNDERSTANDING. FOLLOWING THESE TESTS, IT
WILL BE MODIFIED AND TESTED WITH A SMOOTH BORE 120 MM GUN. A LIMITED
TEST QUANTITY OF 120 MM AMMUNITION WILL BE PROVIDED FOR THIS PURPOSE BY
FRG, AT FRG EXPENSE.
B TURBINE POWER PACKAGE
(1) THE US WILL CONTINUE DEVELOPMENT OF THE STANDARD AGT 1500 TURBINE
POWER PACKAGE, CONSISTING OF AN ENGINE AND TRANSMISSION, AND WILL
INCORPORATE THAT POWER PACKAGE INTO THE XM-1 AT THE EARLIEST PRACTICABLE
DATE. THE FRG WILL INITIATE PRODUCTION AND INTRODUCE THE STANDARDIZED
TURBINE POWER PACKAGE INTO THE LEOPARD 2 AT SUCH TIME AS IT HAS MET THE
REQUIREMENTS FOR ENTRY INTO PRODUCTION, THE US HAS IN FACT INCORPORATED
IT INTO THE XM-1 PRODUCTION AND HAS CERTIFIED IT AS COMPLYING WITH THE
SPECIFIED UNIQUE FRG REQUIREMENTS AND THE MANUFACTURING DATA USED BY THE
DEVELOPING CONTRACTOR IS MADE AVAILABLE TO THE FRG OR ITS CONTRACTOR(S).
THE ABOVE SPECIFIED UNIQUE FRG REQUIREMENTS WILL BE DELIVERED TO THE
USDA BY 15 JANUARY 1977.
(2) THE US WILL LOAN, AT ITS EXPENSE, A SERVICEABLE TURBINE POWER
PACKAGE TO THE FRG BY 1 JULY 1977 FOR INSTALLATION AND TEST IN A LEOPARD
2 TANK IN THE FRG.
C. OTHER STANDARD ITEMS
(1) THE FRG AND US AGREE THAT A COMMON TRACK AND ASSOCIATED HARDWARE
(SPROCKET, ETC.) WILL BE USED ON THE XM-1 AND LEOPARD 2 TANKS. THESE
SPECIFIED HARDWARE ITEMS WILL BE SELECTED PRIOR TO JANUARY 15, 1977, BY
THE PARTIES BASED UPON THE COMPARATIVE RELIABILITY/DURABILITY TESTS OF
THE XM-1 AND LEOPARD 2 CONDUCTED AT ABERDEEN DURING 1976, AND UPON LIFE
CYCLE COST CONSIDERATIONS. TECHNICAL DATA ON THE DIEHL TRACK WILL BE
PROVIDED IMMEDIATELY.
(2) COMMON STANDARD DIESEL FUEL WILL BE USED BY BOTH COUNTRIES IN
LEOPARD 2 - XM-1 GENERATION TANKS INCORPORATING THE STANDARD TURBINE
POWER PACKAGE.
(3) THE FRG WILL INCORPORATE THE US NIGHT VISION DEVICE (FLIR) INTO
INITIAL PRODUCTION OF THE LEOPARD 2 TANK.
(4) THE US WILL INCORPORATE THE FRG GUNNER'S TELESCOPE INTO INITIAL
PRODUCTION OF THE XM-1 TANK. TECHNICAL DATA SUFFICIENT TO PERMIT US
CONTRACTORS TO SUBMIT COST AND TECHNICAL PROPOSALS TO THE USDA WILL BE
PROVIDED BY THE FRG IMMEDIATELY.
(5) BOTH COUNTRIES WILL UTILIZE STANDARD METRIC FASTENERS AT
UNIT-LEVEL MAINTENANCE INTERFACES. THE OBJECTIVE IS TO REQUIRE ONLY ONE
SET OF TOOLS ON-BOARD THE TANK.
(6) THE US AGREES TO CONTINUE WORK AT ITS OWN EXPENSE ON THE ADVANCED
KINETIC ENERGY 105 MM ROUNDS AND TO MAKE THEM AVAILABLE TO THE FRG AND
OTHER NATO ALLIES ON REASONABLE TERMS AND CONDITIONS FOR USE IN EXISTING
INVENTORY CLASSES OF TANKS.
(7) THE US AND FRG WILL INVESTIGATE THE POSSIBILITY OF STANDARDIZING
THE FIRE CONTROL SYSTEM HARDWARE. THE RESULTS OF THE TESTING OF THE
XM-1 AND LEOPARD 2 AT ABERDEEN ARE EXPECTED TO PROVIDE THE TECHNICAL
BASIS FOR DECISION. IN ANY EVENT, THE FIRE CONTROL SYSTEMS ADOPTED WILL
BOTH BE FUNCTIONALLY CAPABLE OF ACCEPTING BOTH 105 MM AND THE SELECTED
STANDARDIZED 120 MM GUN.
II. TECHNICAL DATA EXCHANGE
1. EACH PARTY AGREES THAT THERE BE A TOTAL AND COMPLETE DISCLOSURE
BETWEEN THEM OF ALL TECHNICAL DATA PERTAINING TO AGREED UPON COMMON
SUBSYSTEMS; AND BOTH PARTIES SHOULD TAKE ALL REASONABLE STEPS TO INSURE
THAT SUCH DATA IS MADE AVAILABLE TO THE OTHER PARTY IN A TIMELY FASHION.
2. THE PARTIES RECOGNIZE THEIR MUTUAL AND IMMEDIATE REQUIREMENTS TO
MAKE AVAILABLE TO EACH OTHER AND THEIR INDUSTRIES CONCERNED DATA ON THE
ITEMS TO BE STANDARDIZED IN ORDER TO PERMIT THEIR INDUSTRIES TO PREPARE
AND SUBMIT TECHNICAL AND COST PROPOSALS ON SUCH ITEMS.
3. THE PARTIES AGREE TO MAKE THE NECESSARY DATA IMMEDIATELY
AVAILABLE TO EACH OTHER AND AGREE THAT THEY WILL FURNISH IT TO THEIR
INDUSTRIES ON CONDITION THAT IT BE USED ONLY FOR THE PURPOSE OF
PREPARING AND SUBMITTING PROPOSALS TO THEIR RESPECTIVE GOVERNMENTS. NO
DATA IS REQUIRED TO BE FURNISHED BY USDA IF FURNISHING SUCH DATA COULD
IN ANY WAY DELAY OR JEOPARDIZE THE ONGOING COMPETITION FOR THE XM-1
PROGRAM.
4. THE PARTIES ALSO RECOGNIZE THAT SUBSEQUENTLY THERE WILL BE A
FURTHER AND MUTUAL REQUIREMENT FOR THE EXCHANGE OF MORE DETAILED
MANUFACTURING DATA SO AS TO PERMIT THE MANUFACTURE BY BOTH GOVERNMENTS
OF STANDARDIZED SUBSYSTEMS. THE USDA AND FRG BELIEVE THAT SUCH DATA
SHOULD BE OBTAINED BY THE OTHER PARTY AND ITS CONTRACTORS DIRECTLY FROM
THE DEVELOPING CONTRACTOR, UPON FAIR AND REASONABLE TERMS AND
CONDITIONS. TO FACILITATE SUCH EXCHANGE, EACH GOVERNMENT WILL INCLUDE
IN ITS CONTRACTS, PROVISIONS REQUIRING ITS CONTRACTORS TO ENTER INTO
AGREEMENT FOR AND TO EXPEDITIOUSLY TRANSFER SUCH TECHNICAL DATA UPON
FAIR AND REASONABLE TERMS AND CONDITIONS.
III. TECHNICAL KNOW-HOW
1. IN ADDITION TO THE TECHNICAL DATA TO BE FURNISHED, THE DEVELOPING
COUNTRY, WITHIN A REASONABLE TIME AFTER THE RECEIVING COUNTRY MAKES A
REQUEST THEREFOR, SHALL MAKE AVAILABLE THE SERVICES OF KNOWLEDGEABLE
TECHNICIANS TO CONSULT WITH AND ASSIST THE RECEIVING COUNTRY AND ITS
CONTRACTORS IN THE INITIATION AND TECHNIQUES OF PRODUCTION OF COMMON
ITEMS. ALL COST INCURRED IN SATISFYING REQUESTS FOR TECHNICAL
ASSISTANCE (INCLUDING TRAVEL AND LIVING EXPENSES AND REGULAR SALARIES)
SHALL BE THE RESPONSIBILITY OF THE REQUESTING COUNTRY. THE TIMING, THE
FREQUENCY, AND THE LENGTH OF VISITS MUST BE AGREED TO BY BOTH PARTIES.
2. THE DEVELOPING COUNTRY, WITHIN A REASONABLE TIME AFTER THE
RECEIVING COUNTRY MAKES A REQUEST THEREFOR, SHALL ALSO ARRANGE FOR A
REASONABLE NUMBER OF THE RECEIVING COUNTRY'S TECHNICIANS TO VISIT PLANTS
IN THE DEVELOPING COUNTRY TO STUDY AND OBSERVE AND RECEIVE INSTRUCTION
IN THE TECHNIQUES OF MANUFACTURING THE COMMON ITEMS. ALL COSTS INCURRED
IN SATISFYING REQUESTS FOR SUCH VISITS (INCLUDING TRAVEL AND LIVING
EXPENSES AND REGULAR SALARIES OF THE VISITING TECHNICIANS) SHALL BE THE
RESPONSIBILITY OF THE REQUESTING COUNTRY. THE TIMING, THE FREQUENCY,
AND THE LENGTH OF VISITS MUST BE AGREED TO BY BOTH PARTIES.
IV. TASK GROUPS
IT SHALL BE THE RESPONSIBILITY OF THE TANK PROGRAM PROJECT MANAGER
FOR EACH GOVERNMENT TO ENSURE THAT THE NECESSARY LIAISON BETWEEN THE
GOVERNMENTS AND BETWEEN THE CONTRACTORS IS ESTABLISHED SO AS TO EXPEDITE
THE INTRODUCTION AND PRODUCTION OF STANDARDIZED SUBSYSTEMS. TO ASSIST
THE PROJECT MANAGERS JOINT TASK GROUPS WILL BE ESTABLISHED AS REQUIRED.
V. MISCELLANEOUS
1. ALL ACTIONS CONTEMPLATED BY AND AGREED TO IN THIS ADDENDUM BY THE
US AND FRG WILL BE IMPLEMENTED WITHIN THE EXISTING LAWS AND REGULATIONS
OF THE TWO COUNTRIES. THE MINISTRY OF DEFENSE AND THE DEPARTMENT OF
DEFENSE AGREE TO SEEK FROM THEIR RESPECTIVE PARLIAMENT AND CONGRESS THE
SUPPORT NEEDED TO ASSURE CONTINUATION OF THE LEOPARD 2 AND XM-1 PROGRAMS
INCLUDING THE PROVISIONS INDICATED HEREIN.
2. EACH COUNTRY SHALL KEEP THE OTHER INFORMED OF ITS PROGRESS IN THE
DEVELOPMENT OF STANDARDIZED ITEMS, AND SHALL PERMIT REPRESENTATIVES OF
THE OTHER TO WITNESS AND OBSERVE ALL TEST PROGRAMS. COPIES OF
SIGNIFICANT GOVERNMENT TEST DATA WILL BE FURNISHED UPON REQUEST.
3. DURING THE PERIOD LEADING UP TO THE CERTIFICATION FOR PRODUCTION
OF THE TURBINE POWER PACKAGE AND THE 120 MM GUN, BOTH COUNTRIES WILL BE
ABLE TO PROCEED WITH THE DEVELOPMENT AND TEST AND, IF NECESSARY,
FIRST-LOT PRODUCTION OF THEIR CURRENT DESIGN LEOPARD 2 AND XM-1,
RESPECTIVELY, EXCEPT AS AGREED ABOVE.
VI. SUMMARY
1. THE ACTIONS DESCRIBED HEREIN HAVE AS THEIR OBJECTIVE THE
ESTABLISHMENT OF THE FOLLOWING DEGREE OF COMMONALITY:
SYSTEM DEGREE OF COMMONALITY
FUEL COMMON
AMMUNITION COMMON
GUN COMMON
FIRE CONTROL FUNCTIONS COMMON, HARDWARE
TRACK (INCLUDING SPROCKETS COMMON
AND RELATED HARDWARE)
ENGINE COMMON
TRANSMISSION COMMON
NIGHT VISION COMMON
DEVICE (FLIR)
GUNNER'S TELESCOPE COMMON
CRITICAL FASTENERS COMMON TYPES
SUSPENSION SEPARATE
HULL AND TURRET COMMON TECHNOLOGY BUT
METAL PARTS DIFFERENT DESIGNS
2. UPON REQUEST, THE DEVELOPING COUNTRY SHALL MAKE AVAILABLE TO THE
RECEIVING COUNTRY PRODUCTION MODELS OF AGREED UPON COMMON ITEMS
DEVELOPED BY IT. (IF PRODUCTION MODELS ARE NOT AVAILABLE, PROTOTYPES
WILL BE PROVIDED.)
3. THE US AND THE FRG EACH BELIEVES THAT IT IS HIGHLY DESIRABLE
THAT, TO THE EXTENT FEASIBLE, THE TANK PROGRAMS OF THE NATO ALLIES BE
COMPATIBLE AND LEAD TO GREATER COMMONALITY OF OUR EQUIPMENT.
ACCORDINGLY, IN THE SPIRIT OF THIS AGREEMENT THE US AND FRG WILL KEEP
THE UK AND SUCH OTHER NATO NATIONS AS MAY BE APPROPRIATE INFORMED OF THE
PROGRESS HEREUNDER IN ORDER TO ACHIEVE ADDITIONAL STANDARDIZATION AS MAY
BE JOINTLY AGREED UPON.
FOR THE DEPARTMENT OF DEFENSE
UNDER SECRETARY OF THE ARMY
GERMANY, FEDERAL REPUBLIC OF 29 JUL 1976 FLITE DOCUMENT NO. 7950008
AGREEMENT EXECUTED 29 JULY 1976.
AGREEMENT CONCERNING TESTS OF TANK MAIN ARMAMENT SYSTEMS
REFERENCE
1. THIS AGREEMENT IMPLEMENTS ADDENDUM 1, 28 JULY 1976, TO THE
MEMORANDUM OF UNDERSTANDING BETWEEN THE UNITED STATES OF AMERICA AND THE
FEDERAL REPUBLIC OF GERMANY ON THE HARMONIZATION OF THE U.S. TANK XM1
AND THE FRG TANK LEOPARD 2, 11 DECEMBER 1974.
PURPOSE
2. IN ORDER TO ADVANCE THE GOALS OF TANK SYSTEMS OPTIMIZATION AND OF
STANDARDIZATION OF WEAPONS SYSTEMS TO ACHIEVE INTEROPERABLE AMMUNITION
BETWEEN THE MINISTRY OF DEFENSE OF THE FEDERAL REPUBLIC OF GERMANY
(HEREINAFTER REFERRED TO AS THE FRG MOD) AND THE UNITED STATES
DEPARTMENT OF THE ARMY (HEREINAFTER REFERRED TO AS USDA) AND TO PROMOTE
SUCH OPTIMIZATION AND STANDARDIZATION WITHIN NATO, THE FRG MOD AND THE
USDA HAVE ARRIVED AT AN UNDERSTANDING CONCERNING TESTS OF TANK MAIN
ARMAMENT SYSTEMS TO BE PROVIDED BY THE FRG MOD AND USDA AS SPECIFIED IN
THIS AGREEMENT, AND TO ESTABLISH THE BASIS FOR EXCHANGE OF TECHNICAL
PERSONNEL TO FURTHER A COLLABORATION PROGRAM BETWEEN THEM ON 105MM AND
120MM TANK WEAPON SYSTEMS.
CONDITIONS
3. THE FRG AND THE U.S. RECOGNIZE THE IMPORTANCE AND SIGNIFICANCE OF
THE RESULTS WHICH WERE OBTAINED IN THE TRILATERAL FRG/UK/US WEAPON
EVALUATION. BOTH PARTIES AGREE THAT THE RESULTS THUS OBTAINED DO NOT
AUTOMATICALLY PRESENT WEAPONS EFFECTIVENESS AGAINST POSSIBLE FUTURE
ARMOR PROTECTION. THEY ALSO RECOGNIZE THAT QUESTIONS HAVE BEEN RAISED
CONCERNING THE QUALITATIVE COMPARABILITY OF THE ARMOR PLATE USED AS
TARGETS BY THE PARTICIPANTS.
4. THE TWO COUNTRIES, HAVING CONSIDERED THE TIME AVAILABLE FOR
DECISION, AGREE TO CONSTRAIN THE JOINT TEST EFFORT TO THE FOLLOWING:
A. PERFORMANCE OF THE U.S. XM735E2 CARTRIDGE AND THE GERMAN 120MM
APFSDS AND HEAT-MP AMMUNITION AGAINST SPECIAL ARMOR TARGETS. THESE
TESTS WILL BE CONDUCTED IN THE FRG AGAINST GERMAN-MANUFACTURED TARGETS,
AND IN THE U.S. AGAINST AMERICAN-MANUFACTURED TARGETS, SUBJECT TO
EXISTING INTERNATIONAL AGREEMENTS. IN PRINCIPLE THE AMOUNT OF
AMMUNITION PROVIDED BY THE FRG FOR THIS PURPOSE SHALL BE FIFTEEN ROUNDS
OF EACH TYPE; HOWEVER, THE FINAL QUANTITIES MAY BE GREATER OR LESS AS
DETERMINED BY MUTUAL CONSENT ONCE THE TEST PLAN HAS BEEN STRUCTURED AND
AGREED. THIS TESTING WILL BE PLANNED AND CONDUCTED SO AS TO BE
COMPLETED IF POSSIBLE BY 30 NOVEMBER 1976.
B. CLARIFICATION OF THE COMPARABILITY OF NATIONAL TEST ARMOR PLATE.
IN PRINCIPLE, THIS TESTING SHOULD BE CONDUCTED PRIMARILY WITH PRODUCTION
AMMUNITION; HOWEVER, IT IS ENVISIONED THAT APPROXIMATELY 25 FRG 120MM
APFSDS ROUNDS AND APPROXIMATELY 25 U.S. XM735E2 ROUNDS WILL ALSO BE
REQUIRED FOR THIS PURPOSE. THE FINAL QUANTITIES OF BOTH DEVELOPMENTAL
AND PRODUCTION AMMUNITION, AND OF ARMOR PLATE FROM EACH COUNTRY WILL BE
DETERMINED MUTUALLY. THIS TESTING WILL BE PLANNED AND CONDUCTED SO AS
TO BE COMPLETED IF POSSIBLE BY 30 NOVEMBER 1976.
C. PARTICIPATION BY THE U.S., AS AN OBSERVER, IN NATIONAL 120MM MAIN
ARMAMENT SYSTEM TRIALS TO BE CONDUCTED BY THE FRG. THE U.S. PLACES
SPECIAL EMPHASIS ON TESTS RELATED TO THE COMBUSTIBLE CASE (RESIDUE AT
HIGH TEMPERATURE-HIGH HUMIDITY CONDITIONS AND CASE FRAGILITY) AND
HEAT-MP ROUND FUZING. THE FRG RECOGNIZES THE U.S. CONCERNS IN THESE
REGARDS; WILL SHARE ALL DATA ALREADY GATHERED PERTAINING TO THEM; AND
AGREES TO UNDERTAKE ALL ACTIONS POSSIBLE WITHIN TIME AND HARDWARE
CONSTRAINTS TO PROVIDE THE NECESSARY TEST DATA AND TECHNICAL INFORMATION
TO SUPPORT U.S. DECISION-MAKING. SPECIFIC DETAILS OF WORK TO SATISFY
U.S. CONCERNS REGARDING PERFORMANCE OF THE COMBUSTIBLE CASE UNDER
SEVERE MARGINAL CONDITIONS WILL BE AS MUTUALLY AGREED BY THE POINTS OF
CONTACT REFERRED TO IN PARAGRAPH 14 BELOW.
5. ALL TESTING OF ONE COUNTRY'S MATERIEL IN THE OTHER COUNTRY WILL
COMPLY IN PRINCIPLE WITH THE PROCEDURES USED IN THE FRG/UK/US TRILATERAL
TRIALS. IN PARTICULAR, CONTRACTOR PERSONNEL AND DEVELOPING COUNTRY
GOVERNMENT PERSONNEL MAY PARTICIPATE IN THE TRIALS.
6. THE ABOVE CONDITIONS ARE NOT TO BE CONSTRUED AS PREVENTING THE
POINTS OF CONTACT REFERRED TO IN PARAGRAPH 14 BELOW FROM RECOMMENDING
SUCH ADDITIONAL TESTS AND EVALUATION AS MAY IN THEIR JUDGMENT APPEAR
APPROPRIATE. DECISIONS ON ANY SUCH RECOMMENDATIONS SHALL BE TAKEN
JOINTLY BY THE SIGNATORIES HERETO.
7. EACH COUNTRY WILL MAKE PROVISION FOR ATTENDANCE OF A SUPPORT TEAM
AND GOVERNMENT OBSERVERS AS APPROPRIATE, AND WILL PROVIDE EACH OTHER
WITH TEN COPIES OF ALL TEST AND EVALUATION REPORTS ORIGINATING FROM
THESE TRIALS. FURTHER, USDA AND FRG MOD AGREE TO FURNISH EACH OTHER
WITH FULLY IDENTIFIABLE SPECIFIED TARGET PLATE FOR CORRELATION OF FIRING
RESULTS.
8. THE TWO COUNTRIES AGREE THAT EACH MAY INVITE OBSERVER
PARTICIPATION BY THE UNITED KINGDOM (UK), FRANCE, AND OTHER NATO
NATIONS, WITHIN NATIONAL REGULATIONS. PROVISION TO THIRD COUNTRIES OF
COPIES OF TEST AND EVALUATION REPORTS OF NATIONAL SYSTEM FIRINGS
ORIGINATING FROM THESE TESTS IS THE RESPONSIBILITY OF THAT NATION
CONCERNED.
FINANCIAL CONSIDERATIONS
9. EXCEPT AS ELSEWHERE PROVIDED FOR HEREIN, THE FRG MOD AND THE USDA
EACH WILL BEAR THE COST OF ITS OWN PARTICIPATION IN THIS PROGRAM.
10. REGARDLESS OF THE NUMBER OF ROUNDS INVOLVED, EACH COUNTRY WILL
BEAR THE COST OF TRIALS WHICH IT CONDUCTS OR REQUESTS, TO INCLUDE
TESTING, SHIPPING, AND AMMUNITION, BUT NOT INCLUDING CANNON, WHICH WILL
BE FURNISHED ON A LOAN BASIS. FOR THE PURPOSES OF EXECUTING THIS
AGREEMENT, THE FRG WILL PROVIDE ONE OR TWO CANNON (AS DECIDED BY THE
POINTS OF CONTACT) TO THE USDA SUFFICIENTLY SOON TO PERMIT THE WORK TO
PROCEED AND BE COMPLETED AS AGREED.
11. IN THE EVENT EITHER COUNTRY REQUIRES CONTRACTOR TECHNICAL
SUPPORT FROM THE OTHER IN THE CONDUCT OF THE TRIALS AND TESTS
CONTEMPLATED BY THIS AGREEMENT, BOTH COUNTRIES AGREE TO USE THEIR BEST
EFFORTS TO OBTAIN SUCH SUPPORT AT FAIR AND REASONABLE COSTS.
SECURITY AND PROTECTION OF INFORMATION
12. LIABILITY WILL BE GOVERNED BY ARTICLE VIII OF THE NATO STATUS OF
FORCES AGREEMENT (SOFA) AND ANY CLAIMS ARISING FROM CARRYING OUT WORK
UNDER THE LETTER OF UNDERSTANDING WILL BE DEALT WITH IN ACCORDANCE WITH
THE PROVISIONS OF THAT ARTICLE. CONTRACTOR AND OTHER CIVILIAN PERSONNEL
ASSOCIATED WITH THIS PROGRAM WILL BE CONSIDERED AS CIVILIAN COMPONENTS
(ARTICLE I) FOR THE PURPOSE OF LIABILITY UNDER THIS LETTER OF
UNDERSTANDING.
13. ALL EXCHANGES OF INFORMATION AND EQUIPMENT BETWEEN THE FRG MOD
AND THE USDA MADE UNDER THIS AGREEMENT WILL BE SUBJECT TO THE FOLLOWING:
A. REFERENCE MOU (PARAGRAPH 1)
B. APPLICABLE FRG-U.S. DATA EXCHANGE AGREEMENTS.
C. NATO AGREEMENT ON COMMUNICATION OF TECHNICAL INFORMATION FOR
DEFENCE PURPOSES, OCTOBER 1970, AND IMPLEMENTING PROCEDURES THERETO.
D. FRG-U.S. MOU ON CONTINUATION OF COOPERATION IN TANK TECHNOLOGY, 16
JUNE 1972.
ORGANIZATION
14. THE FRG MOD AND THE USDA WILL EACH DESIGNATE A POINT OF CONTACT
(POC) WITHIN 30 DAYS OF SIGNATURE TO COORDINATE ALL MATTERS RELATING TO
THIS AGREEMENT.
15. THESE POCS WILL AGREE TO ALL DETAILS PERTAINING TO THE
CONTEMPLATED TRIALS AND TESTS, LOCATIONS THEREOF, AND ANY STUDIES WHICH
MAY BE REQUIRED. IN THE EVENT THE POCS CANNOT REACH FULL AGREEMENT, THE
SPECIFIC POINTS OF DISAGREEMENT WILL BE REFERRED TO THE SIGNATORIES
HERETO FOR RESOLUTION.
DURATION AND TERMINATION
16. THIS AGREEMENT WILL EXPIRE ON 30 JUNE 1977 UNLESS SOONER
TERMINATED BY MUTUAL AGREEMENT. SHOULD EITHER SIGNATORY UNILATERALLY
WISH TO TERMINATE THE TRIALS AND TESTS AFTER INITIATION, IT WILL SERVE
NOTICE OF SUCH INTENT THIRTY (30) DAYS PRIOR TO THE ACTUAL TERMINATION.
FOR THE FRG MOD:
(JORES)
MINISTERIALDIRIGENT
UAL RUESTUNG III
GERMANY, FEDERAL REPUBLIC OF 27 AUG 1976 FLITE DOCUMENT NO. 7950007
AGREEMENT EXECUTED 6 JULY AND 27 AUGUST 1976.
AGREEMENT REGARDING JOINT USE OF THE WARNER BARRACKS COMMISSARY
STORAGE FACILITY AT NEUHERBERGERSTRASSE, MUNICH, BY THE BUNDESWEHR.
THE US ARMY, EUROPE, REPRESENTED BY THE DEPUTY CHIEF OF STAFF FOR
LOGISTICS (DCSLOG), HQ USAREUR AND SEVENTH ARMY, HEIDELBERG,
THE FEDERAL MINISTRY OF DEFENSE, REPRESENTED BY MILITARY DISTRICT
ADMINISTRATION VI, MUNICH,
REGARDING JOINT USE OF THE WARNER BARRACKS COMMISSARY STORAGE
FACILITY AT NEUHERBERGERSTRASSE, MUNICH, BY THE BUNDESWEHR. UNDER THE
TERMS OF THIS AGREEMENT, THE AFOREMENTIONED COMMISSARY BUILDING IS
DIVERTED INTO A JOINTLY USED STORAGE FACILITY.
1. JOINT USE OF THE COMMISSARY STORAGE FACILITY IS GRANTED BY
USAREUR TO WBV VI ON A FREE OF CHARGE BASIS.
2. WBV VI AGREES TO RENDER SUPPORT SERVICES AND ACCEPTS FULL
RESPONSIBILITY FOR THE SECURITY OF THE ENTIRE FACILITY.
3. AS FAR AS UTILITY COSTS INCURRED FOR MAINTAINING THE FACILITY
WHILE THIS AGREEMENT IS IN FORCE ARE CONCERNED, THE PARTIES TO THIS
AGREEMENT HAVE AGREED TO THE FOLLOWING:
A. ALL WATER, SEWAGE, AND ELECTRICITY COSTS ARE BORNE BY WBV VI;
B. HEATING COSTS ARE PRO-RATED BETWEEN USAREUR AND WBV VI WHEREBY
USAREUR PAYS 30 PER CENT AND WBV VI 70 PER CENT OF THESE HEATING COSTS.
WBV VI IS RESPONSIBLE TO PROVIDE PERSONNEL FOR THE OPERATION OF THE
HEATING DEVICE AND THE PROVISION OF FUEL REQUIRED.
C. BILLING AND REIMBURSEMENT ARE EFFECTED BETWEEN USAREUR (FACILITIES
ENGINEER, MUNICH) AND WBV VI IN ACCORDANCE WITH THE PROCEDURE SET FORTH
IN ANNEX A TO THIS AGREEMENT.
4. WBV VI MAY EFFECT ALTERATIONS AND/OR STRUCTURAL CHANGES TO THE
BUILDING INTERIOR UPON PRIOR APPROVAL BY USAREUR. EXECUTION OF
ALTERATIONS AND/OR STRUCTURAL CHANGES IS AT NO COST TO USAREUR; ALL
RESULTING EXPENSES ARE BORNE BY WBV VI. WBV VI AGREES TO RESTORE ANY
ALTERATIONS AND/OR STRUCTURAL CHANGES TO THE BUILDING INTERIOR AT ITS
OWN EXPENSE, AND TO RESTORE THE FACILITY TO ITS ORIGINAL CONDITION
BEFORE IT IS VACATED BY WBV VI AND TURNED BACK TO US CONTROL. ANY SUCH
RESTORATION WORK WILL BE BASED ON THE INITIAL INVENTORY AND CONDITION
REPORT, ATTACHED AS ANNEX B TO THIS AGREEMENT, AND THE FINAL INVENTORY
AND CONDITION REPORT. THIS EXIT INVENTORY AND CONDITION REPORT, WHICH
IS TO BE SIGNED BY REPRESENTATIVES OF BOTH PARTIES TO THIS AGREEMENT,
MUST BE JOINTLY ESTABLISHED PRIOR TO RETURN OF THE FACILITY TO US
CONTROL. ALL INSTALLED PROPERTY MUST REMAIN IN PLACE AS CURRENTLY
INSTALLED.
5. CLAIMS FOR DAMAGE - INCLUDING THE SATISFACTION OF JUSTIFIED THIRD
PARTY CLAIMS - WILL BE SETTLED IN ACCORDANCE WITH ARTICLE VIII, NATO
SOFA, AND ARTICLE 41, SUPPLEMENTARY AGREEMENT THERETO.
6. THIS AGREEMENT BECOMES EFFECTIVE UPON SIGNATURE BY BOTH PARTIES
THERETO. IT IS CONCLUDED FOR A PERIOD OF ONE (1) YEAR AND EXTENDS
AUTOMATICALLY FROM ONE YEAR TO THE OTHER, UNLESS TERMINATED BY EITHER
AGREEMENT PARTY IN WRITING BY OBSERVING A 90-DAY PERIOD OF NOTICE. THE
AGREEMENT CAN BE AMENDED BY MUTUAL CONSENT OF BOTH PARTIES. AMENDMENTS
MUST BE MADE IN WRITING.
7. THIS AGREEMENT SUPERSEDES A PREVIOUS ARRANGEMENT ENTERED INTO
PROVIDING FOR JOINT USE OF THE WARNER BARRACKS COMMISSARY STORAGE
FACILITY AT NEUHERBERGERSTRASSE, MUNICH. THE PARTIES TO THIS AGREEMENT
AGREE TO CONSIDER THE TIME BETWEEN THE 15 JANUARY 1976 EXPIRATION DATE
OF THE PREVIOUS ARRANGEMENT AND THE EFFECTIVE DATE OF THIS AGREEMENT TO
BE TACITLY COVERED UNDER THE TERMS OF THE EXPIRED AGREEMENT. THIS
SETTLEMENT IS MADE IN VIEW OF THE FACT THAT WBV VI DID NOT DISCONTINUE
JOINT USE OF THE ABOVE MENTIONED FACILITY PENDING CONCLUSION OF THIS
AGREEMENT.
FOR THE FEDERAL MINISTRY OF DEFENSE
MILITARY DISTRICT ADMINISTRATION VI, MUNICH:
FOR THE US ARMY, EUROPE:
GENE F. WILSON
COL, GS
C, PLANS & OPS DIV
ODCSLOG, USAREUR
TECHNICAL REQUIREMENTS FOR THE PROVISION OF SUPPORT SERVICES FOR THE
STORAGE FACILITY "WARNER BARRACKS COMMISSARY" AT NEUHERBERGERSTRASSE,
MUNICH AND FOR THE US ARMY OCCUPIED PORTION OF THE STORAGE FACILITIES,
AS WELL AS FOR REIMBURSEMENT OF COSTS.
ELECTRICITY: THE BUNDESWEHR IS RESPONSIBLE FOR REPAIR AND
MAINTENANCE OF THE ELECTRICAL INSTALLATIONS. THE BUNDESWEHR REIMBURSES
THE US ARMY THE FULL AMOUNT OF ELECTRICITY USED IN THE STORAGE FACILITY.
WATER AND SEWAGE. THE BUNDESWEHR ASSUMES RESPONSIBILITY FOR ALL
REPAIR AND MAINTENANCE WORK ON THE WATER DISTRIBUTION SYSTEM AS OF METER
AND FOR THE SANITARY INSTALLATIONS WITHIN THE STORAGE FACILITY. THE US
ARMY WILL BILL THE BUNDESWEHR FOR WATER AND SEWAGE COSTS.
FIRE HYDRANT: MAINTENANCE AND CHECK-UPS OF THE FIRE HYDRANTS ARE
PERFORMED BY THE US ARMY (CONTRACT WITH CITY WORKS, MUNICH). THE
BUNDESWEHR IS BILLED FOR COSTS INCURRED.
HEATING: THE STORAGE FACILITY (COMMISSARY) IS HEATED BY MEANS OF AN
OIL HEATING PLANT (2 WARM WATER BOILERS, TYPE STREBEL ECA 70 P, EACH
WITH A CAPACITY OF 235,200 KCAL). MAINTENANCE AND REPAIR OF THE PLANT,
INCLUDING DISTRIBUTION, RADIATORS AND AIR HEATERS IS PERFORMED BY THE
BUNDESWEHR. THE BUNDESWEHR IS RESPONSIBLE FOR SWEEPING OF THE HEATING
PLANT CHIMNEY. THE BUNDESWEHR IS RESPONSIBLE FOR THE DELIVERY OF
HEATING FUEL. THE US ARMY IS BILLED FOR 30 PER CENT OF THE ACTUAL
CONSUMPTION.
STREET CLEANING: THE BUNDESWEHR IS RESPONSIBLE FOR STREET AND
SIDEWALK CLEANING (PROPERTY FACING A PUBLIC ROAD).
SNOW SWEEPING: THE BUNDESWEHR IS RESPONSIBLE FOR SNOW SWEEPING
WITHIN THE ENTIRE STORAGE FACILITY AREA.
BILLS WILL BE ESTABLISHED BY BOTH PARTIES TO THE AGREEMENT ON A
SEMI-ANNUAL BASIS.
GERMANY, FEDERAL REPUBLIC OF 22 MAY 1975 FLITE DOCUMENT NO. 7950006
ADMINISTRATIVE AGREEMENT EXECUTED 24 MARCH AND 22 MAY 1975.
ADMINISTRATIVE AGREEMENT DISCONTINUING EDUCATION PROGRAM OF WAYNE
STATE UNIVERSITY AND REPLACING THE PROGRAM WITH THE GEORGE PEABODY
COLLEGE, NASHVILLE, TENNESSEE.
NO. 69
THE EMBASSY OF THE UNITED STATES OF AMERICA PRESENTS ITS COMPLIMENTS
TO THE AUSWAERTIGES AMT OF THE FEDERAL REPUBLIC OF GERMANY AND, WITH
REFERENCE TO THE EMBASSY'S NOTE VERBALE NO. 107 OF JUNE 4, 1971, HAS THE
HONOR TO INFORM THE AUSWAERTIGES AMT OF THE FOLLOWING.
HEADQUARTERS UNITED STATES AIR FORCES IN EUROPE (HQ USAFE) HAS
RECENTLY BEEN INFORMED BY THE WAYNE STATE UNIVERSITY THAT THIS
INSTITUTION DOES NOT WISH TO CONTINUE OFFERING ITS EDUCATIONAL PROGRAM
FOR U.S. FORCES' PERSONNEL IN THE FEDERAL REPUBLIC OF GERMANY AFTER JULY
1, 1975. HQ USAFE HAS SUCCEEDED IN SECURING THE SERVICES OF GEORGE
PEABODY COLLEGE, NASHVILLE, TENNESSEE TO REPLACE THE PROGRAM OF THE
WITHDRAWING EDUCATIONAL INSTITUTION. THE CITED REPLACEMENT INSTITUTION
IS PREPARED TO BEGIN ITS OPERATIONS IN THE FEDERAL REPUBLIC OF GERMANY
ON JULY 1, 1975. THIS WITHDRAWAL AND COLLATERAL SUBSTITUTION WILL
ENABLE HQ USAFE TO CONTINUE PROVIDING THE REQUIRED SPECTRUM OF
EDUCATIONAL OPPORTUNITIES WITHIN A CONTINUUM WHICH MEETS THE NEEDS OF
THE UNITED STATES AIR FORCE.
ACCORDINGLY, THE GOVERNMENT OF THE UNITED STATES OF AMERICA HEREWITH
NOTIFIES THE GOVERNMENT OF THE FEDERAL REPUBLIC OF GERMANY OF THE
WITHDRAWAL AND DISCONTINUATION OF THE PROGRAM OF THE EDUCATIONAL
INSTITUTION AS STATED ABOVE AND COLLATERALLY PROPOSES THAT AN
ADMINISTRATIVE AGREEMENT UNDER PARAGRAPH 4, ARTICLE 71 OF THE
SUPPLEMENTARY AGREEMENT TO THE NATO SOFA BE CONCLUDED WHICH SHALL HAVE
THE FOLLOWING TEXT:
1. THE GEORGE PEABODY COLLEGE, NASHVILLE, TENNESSEE WHICH PROVIDES
EDUCATIONAL OPPORTUNITIES FOR THE MEMBERS OF THE UNITED STATES FORCES OR
THE CIVILIAN COMPONENT AND DEPENDENTS STATIONED IN THE FEDERAL REPUBLIC
OF GERMANY, WILL BE ACCORDED THE SAME TREATMENT AS THE ORGANIZATIONS
LISTED IN PARAGRAPH 3 OF THE SECTION IN THE PROTOCOL OF SIGNATURE
REFERRING TO ARTICLE 71 OF THE SUPPLEMENTARY AGREEMENT TO THE NATO SOFA.
2. THE ORGANIZATION SPECIFIED IN THIS NOTE IS NECESSARY TO MEET THE
MILITARY REQUIREMENTS OF THE UNITED STATES FORCES STATIONED IN THE
FEDERAL REPUBLIC OF GERMANY. IT OPERATES UNDER THE GENERAL DIRECTION
AND SUPERVISION OF THIS FORCE.
3. SUBJECT TO PARAGRAPH 6 OF ARTICLE 71 OF THE SUPPLEMENTARY
AGREEMENT, EMPLOYEES EXCLUSIVELY IN THE SERVICE OF THE GEORGE PEABODY
COLLEGE SHALL BE DEEMED TO BE, AND TREATED AS, MEMBERS OF THE CIVILIAN
COMPONENT, AND THE DEPENDENTS OF SUCH EMPLOYEES SHALL BE DEEMED TO BE,
AND TREATED AS, DEPENDENTS OF SUCH MEMBERS.
4. THE GEORGE PEABODY COLLEGE SHALL NOT BE CONSIDERED TO BE AN
INTEGRAL PART OF THE FORCES WITHIN THE MEANING OF PARAGRAPH 7, ARTICLE
41 OF THE SUPPLEMENTARY AGREEMENT TO THE NATO STATUS OF FORCES
AGREEMENT, AND FOR THE PURPOSE OF THE SETTLEMENT OF DAMAGE CLAIMS SHALL
NOT ENJOY EXEMPTION FROM GERMAN JURISDICTION. VEHICLES OPERATED BY IT
SHALL BE DEEMED TO BE SERVICE VEHICLES WITHIN THE MEANING OF
SUBPARAGRAPH (C) OF PARAGRAPH 2 AND PARAGRAPH 11, ARTICLE XI AND
PARAGRAPH 4, ARTICLE XIII OF THE NATO STATUS OF FORCES AGREEMENT.
5. THE EMBASSY WILL INFORM THE AUSWAERTIGES AMT OF THE LOCATION IN
THE FEDERAL REPUBLIC OF GERMANY OF THE OFFICES OF THE GEORGE PEABODY
COLLEGE AS WELL AS OF THE IDENTITY OF THOSE PERSONS EMPLOYED BY THIS
ESTABLISHMENT.
6. THIS ADMINISTRATIVE AGREEMENT SHALL ENTER INTO FORCE ON THE DAY
AFTER RECEIPT BY THE UNITED STATES EMBASSY OF THE REPLY NOTE FROM THE
AUSWAERTIGES AMT.
IF THE GOVERNMENT OF THE FEDERAL REPUBLIC OF GERMANY AGREES TO THE
PROPOSALS LISTED UNDER NUMBERS 1 - 6, THE EMBASSY PROPOSES THAT THIS
NOTE AND A NOTE CONFIRMING THE AGREEMENT OF THE FEDERAL REPUBLIC THERETO
SHALL CONSTITUTE AN ADMINISTRATIVE AGREEMENT WITHIN THE MEANING OF
PARAGRAPH 4 OF ARTICLE 71 OF THE SUPPLEMENTARY AGREEMENT TO THE NATO
STATUS OF FORCES AGREEMENT BETWEEN THE GOVERNMENT OF THE UNITED STATES
OF AMERICA AND THE GOVERNMENT OF THE FEDERAL REPUBLIC OF GERMANY.
EMBASSY OF THE UNITED STATES OF AMERICA,
BONN - BAD GODESBERG, MARCH 24, 1975.
THE AUSWAERTIGES AMT HAS THE HONOR TO CONFIRM TO THE EMBASSY OF THE
UNITED STATES OF AMERICA THE RECEIPT OF THE EMBASSY'S NOTE VERBALE NO.
69 OF MARCH 24, 1975 IN WHICH THE GOVERNMENT OF THE UNITED STATES OF
AMERICA PROPOSES THAT AN ADMINISTRATIVE AGREEMENT UNDER PARAGRAPH 4,
ARTICLE 71 SUPPLEMENTARY AGREEMENT TO THE NATO STATUS OF FORCES
AGREEMENT BE CONCLUDED WHICH SHALL HAVE THE FOLLOWING TEXT:
(FOLLOWS TEXT OF EMBASSY NOTE VERBALE NO. 69 OF MARCH 24, 1975,
PARAGRAPHS 1 TO 6)
THE AUSWAERTIGES AMT HAS THE HONOR TO INFORM THE EMBASSY OF THE
UNITED STATES OF AMERICA THAT THE GOVERNMENT OF THE FEDERAL REPUBLIC OF
GERMANY AGREES TO THE PROPOSAL OF THE GOVERNMENT OF THE UNITED STATES OF
AMERICA. ACCORDINGLY, THE NOTE VERBALE NO. 69 OF THE EMBASSY OF THE
UNITED STATES OF AMERICA OF MARCH 24, 1975 AND THIS REPLY NOTE SHALL
CONSTITUTE AN ADMINISTRATIVE AGREEMENT WITHIN THE MEANING OF PARAGRAPH
4, ARTICLE 71 OF THE SUPPLEMENTARY AGREEMENT TO THE NATO STATUS OF
FORCES AGREEMENT BETWEEN THE GOVERNMENT OF THE UNITED STATES OF AMERICA
AND THE GOVERNMENT OF THE FEDERAL REPUBLIC OF GERMANY.
THE AUSWAERTIGES AMT TAKES THIS OPPORTUNITY TO RENEW TO THE EMBASSY
OF THE UNITED STATES OF AMERICA THE ASSURANCES OF ITS HIGHEST
CONSIDERATION.
TO THE
EMBASSY OF THE USA
GERMANY, FEDERAL REPUBLIC OF 30 APR 1975 FLITE DOCUMENT NO. 7950005
AGREEMENT EXECUTED 9 AND 30 APRIL 1975.
AGREEMENT PERTAINING TO THE JOINT USE OF GARRISON TRAINING FACILITIES
OF THE GERMAN FEDERAL ARMED FORCES BY THE US FORCES.
THE MINISTER OF DEFENSE OF THE FEDERAL REPUBLIC OF GERMANY, BONN,
REPRESENTED BY THE ADMINISTRATIVE OFFICE, MILITARY DISTRICT IV,
WIESBADEN, THE LATTER REPRESENTED BY THE GARRISON ADMINISTRATIVE OFFICE,
WETZLAR,
THE COMMANDER IN CHIEF UNITED STATES ARMY, EUROPE, REPRESENTED BY THE
DEPUTY CHIEF OF STAFF, LOGISTICS (DCSLOG), HQ USAREUR AND SEVENTH ARMY,
APO 09403
TO THE USE OF GARRISON TRAINING FACILITIES OF THE GERMAN FEDERAL
ARMED FORCES (BUNDESWEHR) BY THE US FORCES.
1. THE BUNDESWEHR MAKES AVAILABLE FOR JOINT USE BY THE US FORCES
A. THE GARRISON TRAINING AREA I MAGDALENENHAUSEN (MAP A)
B. THE GARRISON TRAINING AREA II SPILBURG (MAP B)
C. THE GARRISON FIRING RANGES WETZLAR-FINSTERLOH (MAP C) AS SHOWN ON
THE ATTACHED MAPS WHICH ARE PART OF THE AGREEMENT.
2. THE PURPOSE OF THE JOINT USE IS MILITARY TRAINING SUBJECT TO
COMPLIANCE WITH THE DIRECTIVES FOR USE OF THE GARRISON TRAINING AREAS I
AND II AND THE GARRISON FIRING RANGES WETZLAR-FINSTERLOH.
1. THE GARRISON TRAINING FACILITIES ARE MADE AVAILABLE TO THE US
FORCES UNDER THE FOLLOWING CONDITIONS:
A. THE US FORCES WILL SUBMIT THEIR PROPOSED TRAINING SCHEDULE FOR
EACH MONTH TO VKK (MILITARY SUBREGION COMMAND) 434, WETZLAR, BERGSTRASSE
54, NO LATER THAN THE 10TH OF THE PREVIOUS MONTH. THE VKK WILL
INTEGRATE THE PROPOSED US TRAINING SCHEDULE INTO THE GENERAL SCHEDULE
FOR USE OF THE GARRISON TRAINING FACILITIES AND FORWARD THE CONFIRMED
TRAINING SCHEDULE TO THE US FORCES NO LATER THAN THE END OF THE MONTH.
B. IN ADDITION TO THE CONFIRMED TRAINING SCHEDULE IN ACCORDANCE WITH
PARAGRAPH 1A OF ARTICLE 2, THE US FORCES WILL BE ENTITLED TO SUBMIT
REQUESTS FOR TRAINING ON SHORT NOTICE. THEY WILL BE GIVEN CONSIDERATION
AS FAR AS POSSIBLE IF FORWARDED IN WRITING TWO (2) WEEKS PRIOR TO THE
PROPOSED START OF TRAINING. THESE REQUESTS WILL BE COORDINATED BETWEEN
A LIAISON OFFICER TO BE DESIGNATED BY THE US FORCES AND THE VKK.
2. THE US FORCES UNDERTAKE STRICTLY TO OBSERVE ALL REGULATIONS
PERTAINING TO THE OPERATION OF THE GARRISON TRAINING FACILITIES. COPIES
OF PERTINENT REGULATIONS AND/OR SPECIAL DIRECTIVES MUST BE REQUESTED BY
US FORCES FROM VKK 434, WETZLAR, PRIOR TO INITIAL JOINT USE AND WILL BE
BROUGHT TO THE KNOWLEDGE OF THE COMMANDING OFFICER OF THE USING US UNIT.
HE IS RESPONSIBLE FOR REPORTING ALL UNUSUAL OCCURRENCES TO THE VKK 434,
WETZLAR, AND TO THE GARRISON ADMINISTRATIVE OFFICE AT WETZLAR,
WERTHERSTRASSE 14, WITHOUT DELAY.
3. A. THE GARRISON TRAINING FACILITIES AND THEIR SAFETY MUST NOT BE
IMPAIRED THROUGH THE JOINT USE BY THE US FORCES. THE US FORCES ARE NOT
AUTHORIZED TO MAKE ANY PERMANENT MODIFICATIONS TO THE JOINTLY USED
FACILITIES OR TO ERECT ANY ADDITIONAL STRUCTURES.
B. THE US FORCES AGREE TO LEAVE THE GARRISON TRAINING FACILITIES IN A
CLEAN AND ORDERLY CONDITION AFTER COMPLETION OF TRAINING AND TO REPORT
DAMAGE TO THE FACILITIES THEY MAY OBSERVE TO THE GARRISON ADMINISTRATIVE
OFFICE AT WETZLAR THROUGH VKK 434 AT WETZLAR.
4. A. PRIOR TO AND AFTER EACH USE OF THE GARRISON TRAINING
FACILITIES BY THE US FORCES, A JOINT INSPECTION OF THE TRAINING
FACILITIES WILL BE CONDUCTED BY THE US LIAISON OFFICER, A REPRESENTATIVE
OF VKK 434 AT WETZLAR AND A REPRESENTATIVE OF THE GARRISON
ADMINISTRATIVE OFFICE AT WETZLAR. A WRITTEN CONDITION REPORT WILL BE
PREPARED IN CASE OF DAMAGE TO AND/OR DETERIORATION OF THE TRAINING
FACILITIES, OR UPON REQUEST OF ONE OF THE CONTRACTING PARTIES.
B. WHERE NO AGREEMENT CONCERNING THE CIRCUMSTANTIAL FACTS CAN BE
REACHED DURING THE JOINT INSPECTION CONDUCTED IN ACCORDANCE WITH
PARAGRAPH 4A OF THIS ARTICLE, THE DAMAGE CLAIM WILL BE REFERRED TO THE
NEXT HIGHER HEADQUARTERS FOR DECISION.
1. THE US FORCES WILL PROVIDE THE FOLLOWING EQUIPMENT:
TARGET EQUIPMENT FOR ALL FIRING EXERCISES.
2. THE BUNDESWEHR WILL PROVIDE THE FOLLOWING EQUIPMENT:
3. TELEPHONE CONNECTIONS TO THE LOCAL BUNDESWEHR NETWORK AT THE
GARRISON TRAINING FACILITIES WILL BE PROVIDED BY THE BUNDESWEHR.
THE US FORCES WILL ASSIST IN RESCUE OPERATIONS DIRECTED BY THE SAFETY
OFFICER OF THE BUNDESWEHR. VEHICLES REQUIRED WILL BE PROVIDED BY THE US
FORCES AS FAR AS POSSIBLE.
1. THE US FORCES AGREE TO REIMBURSE THE BUNDESWEHR FOR THEIR
PROPORTIONATE SHARE OF THOSE OPERATING COSTS REFERRED TO IN ARTICLE 63
OF THE SUPPLEMENTARY AGREEMENT TO THE NATO SOFA. THE BUNDESWEHR WILL
MAKE THE ASSESSMENT ANNUALLY ON 31 DECEMBER.
2. THE US FORCES' PROPORTIONATE SHARE OF THE OPERATING COSTS WILL BE
COMPUTED-FOR EACH TRAINING AREA SEPARATELY-BY MULTIPLYING THE PERCENTAGE
OF USE (ARRIVED AT BY DIVIDING THE NUMBER OF DAYS THAT THE US FORCES
ACTUALLY USE THE TRAINING AREA(S) BY 365 DAYS) BY THE TOTAL SUM OF
OPERATING COSTS.
3. EVERY YEAR, THE GARRISON ADMINISTRATIVE OFFICE AT WETZLAR WILL
CHARGE TO THE ACCOUNT OF THE US FORCES THE AMOUNT OF THE COST TO BE
REIMBURSED IN ACCORDANCE WITH PARAGRAPH 2, ARTICLE 5. A RESPONSIBLE
PERSON DESIGNATED BY THE COMMANDER, 3RD ARMORED DIVISION, WILL CERTIFY
THE CORRECTNESS OF THE INVOICES. THE INVOICE TO BE FORWARDED IN THREE
COPIES WILL BE SETTLED BY THE US FORCES WITHIN ONE MONTH AFTER RECEIPT,
BY REMITTANCE TO THE STANDORTKASSE AT MARBURG (POSTSCHECKKONTO MARBURG
NR. 187 156 - 603 OR KONTO NR. 53301001 OF THE LANDESZENTRALBANK AT
MARBURG BLZ 533 000 00).
ALL CLAIMS RELATING TO INJURIES OR DAMAGES RESULTING FROM THE US
FORCES' USE OF THE TRAINING AREAS WILL BE SETTLED IN ACCORDANCE WITH THE
PROVISIONS OF THE NATO STATUS OF FORCES AGREEMENT AND ITS SUPPLEMENTARY
AGREEMENT.
1. THIS AGREEMENT WILL BECOME EFFECTIVE UPON SIGNATURE BY BOTH
PARTIES TO THE AGREEMENT. THIS AGREEMENT WILL BE MADE OUT IN TWO
ORIGINALS EACH IN THE GERMAN AND IN THE ENGLISH LANGUAGE, BOTH ORIGINALS
BEING EQUALLY BINDING.
2. CHANGES TO THIS AGREEMENT MAY BE EFFECTED BY MUTUAL CONSENT OF
THE CONTRACTING PARTIES. SUCH CHANGES MUST BE MADE IN WRITING.
3. EACH CONTRACTING PARTY HAS THE RIGHT TO TERMINATE THIS AGREEMENT
AT THREE MONTHS' NOTICE.
FOR THE MINISTRY OF DEFENSE
OF THE FEDERAL REPUBLIC OF
GERMANY
WETZLAR, DEN 30. 04. 1975
STANDORTVERWALTUNG WETZLAR
(KRUGER)
MAPS A, B, C (MAPS OMITTED)
GERMANY, FEDERAL REPUBLIC OF 20 MAY 1975 FLITE DOCUMENT NO. 7950004
SPECIFIC ARRANGEMENT EXECUTED 20 MAY 1975.
SPECIFIC ARRANGEMENT ON THE CO-USE OF CORPS DEPOT 354.
SPECIFIC ARRANGEMENT TO THE SUPPLEMENTARY AGREEMENT TO THE AGREEMENT
OF 14 SEPTEMBER 1962.
WITHIN THE SCOPE OF THE SUPPLEMENTARY AGREEMENT NEGOTIATED BETWEEN
THE FEDERAL MINISTER OF DEFENSE OF THE FEDERAL REPUBLIC OF GERMANY AND
THE COMMANDER-IN-CHIEF OF U.S. FORCES IN EUROPE, SUPPLEMENTING THE
AGREEMENT OF 14TH SEPTEMBER 1962 ON THE PROCEDURES CONCERNING STORAGE
SITES, THE PARTIES HAVE MADE THE FOLLOWING ARRANGEMENTS:
1. III (GE) CORPS WILL, WITHIN THE SCOPE OF MUTUAL ASSISTANCE, MAKE
AVAILABLE TO V (US) CORPS STORAGE CAPACITY FOR AMMUNITION AT THE GERMAN
CORPS DEPOT 354 AT ALTENBUSECK FOR USE AS OF JANUARY 1975.
2. AS CO-USER OF THE DEPOT FACILITIES, V (US) CORPS WILL BE
AUTHORIZED TO STORE AMMUNITION OF DIFFERENT DANGER CATEGORIES/STORAGE
COMPATIBILITY GROUPS UP TO A MAXIMUM GROSS WEIGHT OF 475 TONS.
THE CO-USER MUST INFORM THE COMMANDANT OF CORPS DEPOT 354 OF THE
STORAGE LOCATION AS WELL AS OF THE TYPE AND QUANTITY OF THE STORED
AMMUNITION.
3. THE FOLLOWING AMMUNITION STORAGE BUILDINGS WILL BE MADE
AVAILABLE:
BLDG. NO. SIZE CATEGORY EXPLOSIVES
12 186 SQ. M 6 50 TONS 13 186 SQ. M 6 50 TONS 14 186 SQ. M 6 50 TONS
4. IN ADDITION TO THE DANGER CATEGORIES/STORAGE COMPATIBILITY GROUPC
6 C AND 6 D, ONLY THE FOLLOWING GERMAN DANGER CATEGORIES/STORAGE
COMPATIBILITY GROUPS MAY BE STORED IN THE THREE AMMUNITION STORAGE
BUILDINGS:
1 A
2 A
3 A
4 A AND C
5 C AND D
THE ACTUAL WEIGHT OF EXPLOSIVES ESTABLISHED FOR THE INDIVIDUAL
AMMUNITION STORAGE BUILDINGS MUST NOT BE EXCEEDED.
5. THE "STANDARD NOMENCLATURE CATALOGUE (VERSORGUNGSARTIKELKATALOG)
AMMUNITION AND EXPLOSIVES OF COMMODITY GROUP 13 AND GUIDED MISSILES OF
COMMODITY GROUP 14" OF THE FEDERAL ARMED FORCES WILL BE THE BASIS FOR
THE ASSIGNMENT OF AMMUNITION TO THE DANGER CATEGORIES AND STORAGE
COMPATIBILITY GROUPS AS WELL AS FOR DATA ON THE ACTUAL WEIGHT OF
EXPLOSIVES.
THE CLASSIFICATION OF AMMUNITION NOT CONTAINED IN THIS CATALOGUE WILL
BE SUBJECT TO THE DECISION OF THE FEDERAL ARMED FORCES MATERIEL COMMAND.
6. DURING STORAGE, THE MOD (FEDERAL ARMED FORCES STAFF) SAFETY
REGULATIONS FOR THE HANDLING OF AMMUNITION AND EXPLOSIVES, AS CONTAINED
IN THE FEDERAL ARMED FORCES REGULATION ZDV 34/2, AS WELL AS THE DEPOT
REGULATIONS OF CORPS DEPOT 354 MUST BE COMPLIED WITH.
7. STORAGE AND ISSUE AMMUNITION, ADMINISTRATION AND MAINTENANCE ARE
THE RESPONSIBILITY OF THE STORING CO-USER. IF REQUIRED, INDIVIDUAL
FUNCTIONS CAN BE ACCOMPLISHED THROUGH ASSISTANCE BY PERSONNEL OF CORPS
DEPOT 354 FOLLOWING PREVIOUS COORDINATION.
8. THE FEDERAL ARMED FORCES WILL ASSUME LIABILITY FOR THE AMMUNITION
OF THE CO-USER STORED IN CORPS DEPOT 354 ONLY WITHIN THE SCOPE OF THE
GENERAL SAFEGUARDING RESPONSIBILITIES FOR THE ENTIRE INSTALLATION; ANY
FURTHER LIABILITY WILL NOT BE ACCEPTED.
9. IN THE CASE OF DANGER TO THE DEPOT PERSONNEL OR TO THE ENTIRE
DEPOT FACILITY RESULTING FROM DAMAGE OF PROPERTY, WHICH COULD ALSO BE
CAUSED BY THE STORAGE OF AMMUNITION IN THE CORPS DEPOT BY V (US) CORPS,
THE COMMANDANT OF THE DEPOT MAY AUTHORIZE ENTRANCE TO THE US AMMUNITION
STORAGE LOCATIONS IN THE ABSENCE OF US PERSONNEL.
THE COMMANDANT OF THE DEPOT IS REQUIRED TO NOTIFY THE APPROPRIATE V
(US) CORPS AGENCY IMMEDIATELY OF SUCH ACTION.
10. THERE WILL BE NO CHARGE FOR THE CO-USER OF THE DEPOT
INSTALLATIONS INCLUDING THE NECESSARY WORKING FACILITIES, DAY ROOMS, AND
OTHER FACILITIES IN THE GERMAN CORPS DEPOT 354 AT ALTENBUSECK, PROVIDED
THAT AN EQUIVALENT DEPOT SPACE IS MADE AVAILABLE FREE OF CHARGE WITHIN
THE AREA OF V (US) CORPS.
IF THIS IS NOT THE CASE, THE SUPPLEMENTARY AGREEMENT WILL APPLY.
DETAILS ON THIS SUBJECT WILL BE ATTACHED AS A WRITTEN SUPPLEMENT TO THIS
SPECIFIC ARRANGEMENT.
11. THE MAINTENANCE OF THE BUILDINGS IS THE RESPONSIBILITY OF THE
FEDERAL ARMED FORCES AND MUST BE TOLERATED BY THE CO-USER. AS FAR AS
CO-USER REQUESTS STRUCTURAL MODIFICATIONS, THEY MUST BE APPLIED FOR AND
WILL BE SUBJECT TO APPROVAL. THE EXECUTION OF THE WORK WILL BE DEBITED
TO THE CO-USER.
AFTER TERMINATION OF THE CO-USE, THE BUILDINGS WILL BE RESTORED TO
THEIR ORIGINAL CONDITION, IF APPLICABLE. THE WORK NECESSARY FOR THIS
PURPOSE WILL ALSO BE DEBITED TO THE CO-USER.
12. CORPS DEPOT 354 IS UNDER THE CONTROL OF III (GE) CORPS SUPPLY
COMMAND AT DIEZ. THE TECHNICAL SUPERVISION WILL BE EXERCISED BY III
(GE) CORPS SUPPLY COMMAND.
13. THIS SPECIFIC ARRANGEMENT WILL BECOME EFFECTIVE AFTER BEING
SIGNED BY HQ, V (US) CORPS AND BY HQ, III (GE) CORPS,
AMENDMENTS/SUPPLEMENTS MUST ALSO BE SIGNED BY THE PARTIES CONCERNED.
14. THIS SPECIFIC ARRANGEMENT MAY BE CANCELLED IN WRITING BY EACH
PARTY CONCERNED AT ANY TIME; IT WILL BECOME INEFFECTIVE THREE MONTHS
AFTER NOTIFICATION OF CANCELLATION. THE STORAGE CAPACITY BEING CO-USED
MUST BE CLEARED BY THE END OF THIS PERIOD.
AFTER DECLARATION OF SIMPLE ALERT BY SACEUR OR UPON DECLARATION OF AN
ALERT STAGE/STATE OF THE MILITARY COUNTER SURPRISE SYSTEMS BY AN
AUTHORIZED NATO COMMANDER, THIS SPECIFIC ARRANGEMENT WILL, HOWEVER,
REMAIN EFFECTIVE UNTIL A NEW ARRANGEMENT HAS BEEN AGREED UPON BY THE
PARTIES CONCERNED.
15. THIS SPECIFIC ARRANGEMENT IS PREPARED IN TWO ORIGINAL COPIES
EACH IN ENGLISH AND IN GERMAN, THE TEXT OF EACH COPY BEING OF THE SAME
OFFICIAL VALIDITY.
16. THIS SPECIFIC ARRANGEMENT WILL BE ATTACHED TO THE SUPPLEMENTARY
AGREEMENT TO THE AGREEMENT OF 14 SEPTEMBER 1962 AS AN ENCLOSURE.
20 MAY 1975
GERMANY, FEDERAL REPUBLIC OF 15 MAY 1975 FLITE DOCUMENT NO. 7950003
AGREEMENT EXECUTED 15 MAY 1975; EFFECTIVE 1 MAY 1975.
REGARDING A TOTAL OF 41 SETS OF QUARTERS TO BE MADE AVAILABLE FOR THE
ACCOMMODATION OF THE PERMANENT NATO WEAPONS SYSTEMS SCHOOL STAFF.
THE UNITED STATES ARMY, EUROPE AND SEVENTH ARMY, HEIDELBERG,
REPRESENTED BY THE DEPUTY CHIEF OF STAFF FOR LOGISTICS (DCSLOG), HQ
USAREUR AND SEVENTH ARMY,
THE FEDERAL REPUBLIC OF GERMANY, REPRESENTED BY THE SUPERIOR FINANCE
DIRECTION MUNICH,
REGARDING A TOTAL OF 41 SETS OF QUARTERS TO BE MADE AVAILABLE TO
PERSONNEL DESIGNATED BY THE COMMANDANT, NATO WEAPONS SYSTEMS SCHOOL, IN
BUILDINGS 755, 756, 765, 766, AND 768 AT THE FEDERALLY OWNED HOUSING
AREA OF OBERAMMERGAU, FOR THE ACCOMMODATION OF THE PERMANENT NATO
WEAPONS SYSTEMS SCHOOL STAFF. (EFFECTIVE 1 AUGUST 1975, BUILDINGS 755
AND 756 WILL BE SUBSTITUTED BY BUILDINGS 759 AND 760 AFTER COMPLETION OF
BASIC REPAIR).
THE ABOVE MENTIONED 41 SETS OF QUARTERS ARE MADE AVAILABLE BY THE FRG
TO PERSONS DESIGNATED BY THE COMMANDANT OF THE NATO SCHOOL UNDER THE
SAME CONDITIONS UNDER WHICH THE FRG MAKES AVAILABLE FEDERALLY OWNED
HOUSING TO ITS EMPLOYEES. THE FRG WILL ENTER INTO INDIVIDUAL RENTAL
AGREEMENTS WITH THE DESIGNATED PERSONS. THE LEGAL PERIOD OF NOTICE IS 3
MONTHS AS IS THE CASE IN RENTAL AGREEMENTS WITH GERMAN EMPLOYEES. THE
TENANT HAS A SPECIAL RIGHT TO A PERIOD OF NOTICE OF ONE MONTH IF HE IS
TRANSFERRED UPON ORDERS AT SHORT NOTICE. PROOF OF A TRANSFER AT SHORT
NOTICE IS PROVIDED BY A CERTIFICATE FROM THE COMMANDANT OF THE NATO
SCHOOL. NOTICE OF TERMINATION IN EITHER CASE MUST BE GIVEN NOT LATER
THAN THE THIRD WORKING DAY OF A MONTH. IF NOTICE OF TERMINATION IS
RECEIVED LATER, THE PERIOD OF NOTICE EXTENDS BY ONE MONTH.
RENTAL PAYMENT IS THE SAME AS IS PAID BY GERMAN CIVIL SERVICE
EMPLOYEES FOR FEDERALLY OWNED QUARTERS. IT COMPRISES A BASIS RENT FOR
SQUARE METER-FLOOR SPACE AND VARYING EXTRA COSTS (E.G. HEATING, WARM
WATER, JOINTLY USED ANTENNA, FEES FOR CHIMNEY SWEEPING, STREET CLEANING,
GARDENING, SEWAGE, CURRENT PUBLIC CHARGES AND FEES).
THE EXTRA EXPENSES WILL BE SETTLED ANNUALLY AND SEPARATELY FROM EACH
TENANCY. NOT INCLUDED IN THE RENT AND EXTRA EXPENSES ARE COSTS FOR
ELECTRICITY CONSUMED BY THE INDIVIDUAL TENANTS WHICH MUST BE PAID
DIRECTLY TO THE ELECTRICITY COMPANY. PENDING INSTALLATION OF
APPROPRIATE MEASURING DEVICES, RESPECTIVELY COMPLETION OF REPAIR
MEASURES, THE EXTRA EXPENSES WILL BE LEVIED AS LUMP SUM (NOT TO BE
SETTLED ANY MORE).
THE COMMANDANT OF THE NATO SCHOOL IS THE POINT OF CONTACT FOR
COORDINATION MATTERS CONCERNING THE 41 SETS OF QUARTERS. THE COMMANDANT
OF THE NATO SCHOOL CONTROLS PAYMENT OF RENT AND EXTRA EXPENSES BY THE
INDIVIDUAL TENANT AND WILL ONLY GRANT CLEARANCE FOR DEPARTURE WHEN THE
TENANT HAS MET ALL HIS FINANCIAL OBLIGATIONS TOWARDS THE FRG AND THE
ELECTRICITY COMPANY.
IN THE EVENT A TENANT IS IN ARREARS WITH PAYMENTS DURING THE COURSE
OF HIS TENANCY, USAREUR WILL PREFINANCE THE DEFICIT OF RENTAL AND EXTRA
COSTS AGAINST REIMBURSEMENT THROUGH FOREIGN MILITARY SALES CASE (FMS).
IF UPON EXPIRATION OF A TENANCY AN APARTMENT IS VACANT UNTIL NEW
OCCUPATION, THE FRG (FEDERAL MINISTER OF DEFENSE) WILL BEAR THE LOSS OF
RENTAL PAYMENT AND EXTRA COSTS DURING THE FIRST MONTH THE APARTMENT IS
UNOCCUPIED. USAREUR WILL PREFINANCE THE RENTAL PAYMENT AND EXTRA COSTS
THROUGH FMS FOR THE FOLLOWING MONTH(S).
THE ABOVE MENTIONED PROVISIONS PERTAINING TO LOSSES OF RENTAL PAYMENT
AND EXTRA COSTS APPLY ALSO TO THAT PERIOD OF TIME FROM 1 MAY 1975 TO 31
JULY 1975, DURING WHICH RENTAL AGREEMENTS ARE NOT YET ESTABLISHED IN
WRITING.
QUARTERS WHICH ARE VACANT FOR TWO MONTHS AND LONGER AND FOR WHICH
FURTHER OCCUPANCY IS NOT EXPECTED IN THE NEAR FUTURE WILL BE RETURNED TO
THE FRG. THE FRG WILL BE NOTIFIED OF A RETURN AS SOON AS POSSIBLE.
THIS AGREEMENT BECOMES EFFECTIVE ON 1 MAY 1975. IT REMAINS VALID FOR
THAT PERIOD OF TIME UNTIL THE NATO SCHOOL IS CONVERTED INTO AN
INTERNATIONAL MILITARY ORGANIZATION, OR UNTIL THE LAST TENANCY WAS
TERMINATED AND THE 41 APARTMENTS WERE RETURNED TO THE FRG.
AMENDMENTS AND/OR SUPPLEMENTS TO THIS AGREEMENT CAN BE MADE BY MUTUAL
CONSENT OF THE PARTIES THERETO. IN ORDER TO BECOME EFFECTIVE,
AMENDMENTS AND/OR SUPPLEMENTS MUST BE MADE IN WRITING AND HAVE TO BE
SIGNED BY THE AGREEMENT PARTIES.
THIS AGREEMENT IS MADE IN ENGLISH AND GERMAN. BOTH TEXTS ARE EQUALLY
AUTHENTIC AND BINDING.
FOR THE UNITED STATES ARMY,
EUROPE AND SEVENTH ARMY:
W. M. HALES, JR.
COLONEL, GS
ACTING DCSLOG
FOR THE FEDERAL REPUBLIC
OF GERMANY
SUPERIOR FINANCE DIRECTION MUNICH
BY DIRECTION
GERMANY, FEDERAL REPUBLIC OF 19 DEC 1975 FLITE DOCUMENT NO. 7950002
EXCHANGE OF LETTERS DATED 11 NOVEMBER AND 19 DECEMBER 1975
FUTURE DAMAGE AGREEMENT AMENDMENT
AMENDING FUTURE DAMAGE AGREEMENT LETTER OF 13 DECEMBER 1973
FEDERAL MINISTRY OF FINANCE
FILE NO. VI B 1 - VV 7162 - 81/75
(IN YOUR REPLY PLEASE REFER
TO ABOVE FILE NO.)
MINISTERIALRAT DR. HEITMANN
53 BONN I, RHEINDORFER STR. 108
COLONEL WILLIAM R. MULLINS
US ARMY CLAIMS SERVICE, EUROPE
68 MANNHEIM
GRENADIERSTRASSE 4
DEAR COLONEL:
WITH REFERENCE TO YOUR LETTER DATED 11 NOVEMBER 1975 - AEUTN -
REGARDING REIMBURSEMENT FOR FUTURE DAMAGES AND ALSO TO THE DISCUSSION
HELD ON THE SAME DAY IN THE FEDERAL MINISTRY OF FINANCE CONCERNING THIS
MATTER, I WOULD LIKE TO INFORM YOU THAT THE FEDERAL MINISTRY OF FINANCE
CONCURS WITH THE PROCEDURE AS PROPOSED BY THE US FORCES. ACCORDING TO
THIS PROCEDURE IT WILL NOT BE EXAMINED BEFORE THE END OF 31 DECEMBER
1976 WHETHER THE EXTRA CHARGE OF 25%, APPLICABLE AS OF 1 JANUARY 1976,
CONTINUES TO BE ADEQUATE. AS SOON AS THE RESPECTIVE REPORTS ARE
AVAILABLE TO ME, I SHALL INFORM YOU OF THE OUTCOME. I HAVE ALREADY
ADVISED THE APPROPRIATE AUTHORITIES OF THE PROCEDURE AGREED UPON.
ML
AEUTN
BUNDESMINISTERIUM DER FINANZEN
53 BONN 1
RHEINDORFERSTRASSE 108
Z.H. V. HERRN MINISTERIALRAT DR. HEITMANN
REF.: YOUR LETTER OF 7 JULY 1975, VI B 1 - VV 7162 - 42/75 -
DEAR DR. HEITMANN:
THIS LETTER IS IN RESPONSE TO YOUR LETTER OF 7 JULY 1975 REGARDING A
PROPOSED CHANGE IN THE CHARGE TO BE MADE IN CASES RESERVED AS FUTURE
DAMAGE CLAIMS PURSUANT TO THE AMENDED FUTURE DAMAGE AGREEMENT AS
EMBODIED IN YOUR LETTER OF 13 DECEMBER 1973.
YOUR 7 JULY 75 LETTER STATES THAT A TOTAL UNDERPAYMENT DEFICIT IN
FUTURE DAMAGE PAYMENT IN THE AMOUNT OF DM 250,023.67 EXISTED AS OF 31
DECEMBER 1974. THE U.S. GOVERNMENT RECOGNIZES THIS DEFICIT AS AN
OBLIGATION AND AGREES WITH YOUR CONCLUSION THAT THE 15% CHARGE EMPLOYED
FROM 1 JANUARY 1974 TO PRESENT APPEARS TO BE INSUFFICIENT TO GRADUALLY
REDUCE THE DEFICIT AS WAS PLANNED WHEN THE FUTURE DAMAGE CHARGE WAS
INCREASED FROM 12% TO 15%. CONSEQUENTLY, THIS SERVICE, WITH CONCURRENCE
FROM YOUR HIGHER HEADQUARTERS IN THE UNITED STATES, AGREES TO YOUR
PROPOSAL TO INCREASE THE CHARGE FROM 15% TO 25%, EFFECTIVE 1 JANUARY
1976. IN THIS CONNECTION IT IS NOTED THAT THE UNDERPAYMENT DEFICIT FOR
THE PERIOD 1 JANUARY 1974 TO 31 DECEMBER 1974, WHEN THE 15% FIGURE WAS
USED, IS NOT STATED SEPARATELY IN YOUR LETTER. THE DEFICIT, HOWEVER,
FOR THE 18 MONTH PERIOD OF 1 JULY 73 TO 31 DECEMBER 1974, IS ONLY DM
10,424.94. IT CAN BE ASSUMED THAT SOME OF THIS DEFICIT AMOUNT IS
ATTRIBUTABLE TO THE SIX MONTH PERIOD (1 JULY 73 - 31 DECEMBER 73) WHEN
THE 12% RATE REMAINED IN EFFECT. IT CAN BE CONCLUDED, THEREFORE, THAT
15% IS AN EXTREMELY REALISTIC FIGURE FOR FUTURE USE ONCE THE DEFICIT HAS
BEEN CORRECTED.
THEREFORE, IT IS PROPOSED THAT THE STATISTICS PROVIDED IN ACCORDANCE
WITH THE AMENDED FUTURE DAMAGE AGREEMENT (PARAGRAPH 4 OF YOUR LETTER OF
13 DECEMBER 1973) BE REVIEWED AT THE END OF EACH CALENDAR YEAR STARTING
WITH 1976. WHEN THE CURRENT DEFICIT IN FAVOR OF THE UNITED STATES HAS
BEEN ELIMINATED, WE SHALL REVERT TO THE 15% RATE UNLESS THE OVERALL
STATISTICS, AFTER DEDUCTION OF THE SUMS UTILIZED TO OFFSET THE DEFICIT,
DICTATE ANOTHER RATE OF CHARGE WHICH MIGHT BE GREATER OR LESS THAN 15%.
IN VIEW OF THE ABOVE, THE FOLLOWING TEXT OF AMENDMENT IS SUBMITTED
FOR YOUR CONCURRENCE:
"THE FUTURE DAMAGE AGREEMENT BETWEEN THE FEDERAL REPUBLIC OF GERMANY
AND THE UNITED STATES ARMY AS SET FORTH IN THE FEDERAL MINISTRY OF
FINANCE LETTER OF 28 FEBRUARY 1969 AND SUBSEQUENTLY AMENDED BY FEDERAL
MINISTRY OF FINANCE LETTER OF 13 DECEMBER 1973 IS HEREBY AMENDED TO
PROVIDE:
1. EFFECTIVE 1 JANUARY 1976 THE FUTURE DAMAGE RATE OF CHARGE OF 15%,
AS SET FORTH IN
PARAGRAPH 2, FMOF LETTER OF 13 DECEMBER 1973, SHALL BE INCREASED TO
25%.
2. THE STATISTICS REQUIRED IN ACCORDANCE WITH PARAGRAPH 4, FMOF
LETTER OF 13 DECEMBER
1973, WILL BE REVIEWED ANNUALLY BY U.S. ARMY CLAIMS SERVICE, EUROPE,
AND THE FEDERAL MINISTRY
OF FINANCE. WHEN THE DEFICIT IN FAVOR OF THE UNITED STATES EXISTING
AT THE TIME OF THIS
AMENDMENT HAS BEEN ELIMINATED, THE CHARGE ASSESSABLE AGAINST THE
UNITED STATES IN CASES
PROPERLY RESERVED FOR FUTURE DAMAGES PURSUANT TO THE FUTURE DAMAGES
AGREEMENT WILL BE
RENEGOTIATED AT THE REQUEST OF EITHER PARTY TO THE AGREEMENT".
IF YOU CONCUR WITH THE PROPOSED AMENDMENT IT SHALL BECOME EFFECTIVE
UPON RECEIPT BY THIS SERVICE OF YOUR WRITTEN CONFIRMATION.
TELEPHONE: MANNHEIM 7307288
GERMANY, FEDERAL REPUBLIC OF 1 JUN 1976 FLITE DOCUMENT NO. 7950001
AGREEMENT EXECUTED 26 MAY AND 1 JUNE 1976.
AGREEMENT CONCERNING THE TRANSFER OF US BRIDGE AND FERRY EQUIPMENT TO
FEDERAL REPUBLIC OF GERMANY OWNERSHIP.
TERMINATES LEASE AGREEMENT DAJA 37 67 L 0001 OF 1 AUGUST 1966.
THE COMMANDER IN CHIEF, HEADQUARTERS, UNITED STATES ARMY, EUROPE AND
SEVENTH ARMY, REPRESENTED BY THE DEPUTY CHIEF OF STAFF FOR LOGISTICS
(DCSLOG), HEIDELBERG,
THE FEDERAL MINISTER OF DEFENSE OF THE FEDERAL REPUBLIC OF GERMANY,
BONN,
CONCERNING THE TRANSFER OF US BRIDGE AND FERRY EQUIPMENT TO FEDERAL
REPUBLIC OF GERMANY OWNERSHIP.
GENERAL BACKGROUND: THE WORLD WAR II US BRIDGE AND FERRY EQUIPMENT,
MORE PARTICULARLY DESCRIBED IN ANNEX 1, WAS LEASED TO THE BUNDESWEHR
UNDER LEASE AGREEMENT DAJA 37 67 L 0001, DATED 1 AUGUST 1966. AS
CONSIDERATION FOR THE LEASE, THE BUNDESWEHR WAS OBLIGATED TO OPERATE,
MAINTAIN, REPAIR, RESTORE AND PROTECT THE BRIDGE AND FERRY EQUIPMENT
UNTIL ITS RETURN TO THE US GOVERNMENT. WITH RESPECT TO THE PROPULSION
UNITS, THE UNITED STATES GOVERNMENT WAS OBLIGATED TO PERFORM HEAVY
MAINTENANCE OVERHAUL OF DEPOT TYPE. NOTWITHSTANDING THIS OBLIGATION,
THE BUNDESWEHR WAS REQUIRED TO PERFORM HEAVY MAINTENANCE OVERHAUL OF
DEPOT TYPE OVER AND ABOVE ITS OBLIGATIONS UNDER THE LEASE AGREEMENT, IN
ORDER TO KEEP THE BRIDGE AND FERRY EQUIPMENT IN OPERATIONAL READINESS.
BETWEEN 1 AUGUST 1966, THE CONCLUSION DATE OF THE LEASE AGREEMENT, AND
31 MAY 1972, THE BUNDESWEHR INVESTED THE AMOUNT OF
FOR MAINTENANCE, REPAIR, RESTORATION, AND PROTECTION OF THE BRIDGE
AND FERRY EQUIPMENT. IN ADDITION TO THESE COSTS, WHICH WERE TO BE BORNE
BY THE BUNDESWEHR IN ACCORDANCE WITH THE TERMS OF THE LEASE AGREEMENT,
THE BUNDESWEHR INVESTED THE AMOUNT OF
FOR HEAVY MAINTENANCE OVERHAUL OF DEPOT TYPE. THESE ADDITIONAL
EXPENSES INCLUDE INVESTMENTS MADE FOR THE REPLACEMENT OF THE PROPULSION
UNITS. TOTAL INVESTMENTS MADE BY THE BUNDESWEHR DURING THE
AFOREMENTIONED PERIOD OF TIME AMOUNT TO
FURTHER COSTS OF LIKE NATURE WERE INCURRED BY THE BUNDESWEHR BETWEEN
1 JUNE 1972 AND THE PRESENT. IN VIEW OF THE ABOVE, THE PARTIES TO THIS
AGREEMENT HAVE AGREED UPON THE TRANSFER OF THE BRIDGE AND FERRY
EQUIPMENT INTO FEDERAL REPUBLIC OF GERMANY OWNERSHIP.
1. THE US BRIDGE AND FERRY EQUIPMENT LISTED IN ANNEX 1 IS
TRANSFERRED PERMANENTLY TO THE FEDERAL REPUBLIC OF GERMANY AND BECOMES
ITS PROPERTY.
2. THE PRESENT DATE VALUE OF THE BRIDGE AND FERRY EQUIPMENT IS
ESTIMATED AT $3,097,073.56 (IN WORDS: THREE MILLION NINETY SEVEN
THOUSAND SEVENTY THREE DOLLARS AND 56/100 CENTS). THIS ESTIMATE IS
BASED ON THE PRESENT CONDITION AND THE PROSPECTIVE SERVICE LIFE OF THE
BRIDGE AND FERRY EQUIPMENT.
3. MOD AGREES TO WAIVE ITS CLAIM FOR ALL SUMS EXPENDED BY IT FOR
REPAIR, MAINTENANCE, SPARE PART REPLACEMENT, ETC., OVER AND ABOVE THE
RESPONSIBILITIES UNDER THE LEASE OF 1 AUGUST 1966, FROM THE DATE TO
PRESENT.
IN CONSIDERATION OF THE TRANSFER OF THE US BRIDGE AND FERRY EQUIPMENT
TO FEDERAL REPUBLIC OF GERMANY OWNERSHIP, MOD AGREES TO FULFILL THE
FOLLOWING CONDITIONS:
A. THE EQUIPMENT REMAINS IN PEACE AND WAR TIME WITHIN THE PRESENT
OPERATIONAL AREA, I.E. RHINE SECTION FROM STREAM KILOMETER 352 TO 544.
A RELOCATION IS PERMISSIBLE FUNDAMENTALLY ONLY AFTER PREVIOUS APPROVAL
BY HQ USAREUR.
B. MOD KEEPS THE EQUIPMENT IN OPERATIONAL CONDITION AS LONG AS THE
MAINTENANCE IS JUSTIFIABLE UNDER CONSIDERATION OF ECONOMIC VIEWPOINTS.
IF THE EQUIPMENT CAN HEREAFTER NO LONGER BE KEPT IN OPERATIONAL
CONDITION AND MUST THEREFORE BE PUT OUT OF SERVICE, MOD WILL PROVIDE FOR
REPLACEMENT OF EQUAL OR BETTER QUALITY IN ACCORDANCE WITH BUNDESWEHR AND
US FORCES STANDARDS.
C. UPON REQUEST, THE EQUIPMENT WILL BE PLACED AT THE DISPOSAL OF THE
US FORCES FOR EXERCISE AND TRAINING PURPOSES. THE COMPETENT GERMAN
BRIDGE OPERATIONAL UNIT MUST BE NOTIFIED OF THE REQUIREMENT NOT LATER
THAN SEVEN DAYS IN ADVANCE.
D. UPON NOTIFICATION OF THE PRESCRIBED ALERT STAGE OR THE BEGINNING
OF HOSTILITIES, THE BUNDESWEHR WILL PUT THE EQUIPMENT INTO OPERATION IN
GENERAL FOR THE US FORCES WITHIN AN AGREED PERIOD OF TIME. IN CASE OF
CRISES, THE EQUIPMENT CAN ALSO BE USED FOR OTHER NATO FORCES IN
ACCORDANCE WITH DOCUMENT MC 36/2 (REVISED) UPON CORRESPONDING PRIORITY
DECISION BY COMCENTAG.
E. IF THE BUNDESWEHR DECLARES THAT IT IS NOT IN THE POSITION TO
EXECUTE THE GIVEN TASKS IN THE EVENT OF TENSION OR DEFENSE, THE US
FORCES MAY TAKE OVER THE OPERATION OF THE EQUIPMENT.
THIS AGREEMENT CAN BE CHANGED BY THE PARTIES THERETO IN MUTUAL
COORDINATION. CHANGES MUST BE MADE IN WRITING.
THE AGREEMENT COMES INTO EFFECT UPON SIGNATURE BY THE PARTIES
THERETO. AS OF THE DATE OF SIGNATURE, THE LEASE AGREEMENT DAJA 37 67 L
0001 OF 1 AUGUST 1966 WILL BE TERMINATED.
DONE AT BONN, ON
DONE AT HEIDELBERG, ON
IN DUPLICATE, IN THE ENGLISH AND GERMAN LANGUAGE, EACH TEXT BEING
EQUALLY AUTHENTIC.
FOR THE FEDERAL MINISTER OF
DEFENSE OF THE FEDERAL
REPUBLIC OF GERMANY:
(BACKES)
MINISTERIALRAT
FOR THE COMMANDER IN CHIEF,
HQ USAREUR AND 7TH ARMY:
JAMES S. WELCH
COL (P), GS
ACTING DCSLOG
ANNEX 1
ITEM OR REF NO. ITEM DESCRIPTION (INCLUDING STOCK NO.) QUANTITY U OF
ISSUE UNIT COSTS $ TOTAL COST $ AVAILABILITY AND REMARKS
1. BRIDGE, FLOATING STEEL PONTON, PANEL SUPERSTRUCTURE,
NON-STANDARD, LENGTH OF BRIDGE 886 FEET, AND SUPPORT EQUIPMENT (NOTE 1),
LOCATION GERNSHEIM ON RHINE, GERMANY 1 SET 559,147.41 559,147.41
2. BRIDGE, FLOATING STEEL PONTON, PANEL SUPERSTRUCTURE,
NON-STANDARD, LENGTH OF BRIDGE 780 FEET, AND SUPPORT EQUIPMENT (NOTE 1),
LOCATION BRUEHL ON RHINE, GERMANY 1 SET 345,126.86 345,126.86
3. BRIDGE, FLOATING STEEL PONTON, WARREN TRUST GERMAN
SUPERSTRUCTURE, NON-STANDARD, LOCALLY PROCURED, LENGTH OF BRIDGE 886
FEET, AND SUPPORT EQUIPMENT (NOTE 1), LOCATION GERMERSHEIM, GERMANY 1
SET 423,628.97 435,628.97
4. BRIDGE, FLOATING STEEL PONTON, PANEL SUPERSTRUCTURE,
NON-STANDARD, LENGTH OF BRIDGE 800 FEET, AND SUPPORT EQUIPMENT (NOTE 1),
LOCATION LEOPOLDSHAFEN (LEIMERSHEIM) ON RHINE, GERMANY 1 SET 276,064,36
276,064.36
5. BRIDGE, FLOATING STEEL PONTON, PANEL SUPERSTRUCTURE,
NON-STANDARD, LENGTH OF BRIDGE 1130 FEET, AND SUPPORT EQUIPMENT (NOTE
1), LOCATION NIERSTEIN ON RHINE, GERMANY 1 SET 590,455.86 590,455.86
6. BRIDGE, FLOATING STEEL PONTON, PANEL SUPERSTRUCTURE,
NON-STANDARD, LENGTH OF BRIDGE 800 FEET, AND SUPPORT EQUIPMENT (NOTE 1),
LOCATION RHEINHAUSEN ON RHINE, GERMANY 1 SET 396,159.36 396,159.36
NOTES: 1. SUPPORT EQUIPMENT FOR BRIDGE SETS, IDENTIFIED BY CASE
ITEM NUMBERS, IS LISTED BELOW. STOCK NUMBER, NOMENCLATURE, QUANTITY,
UNIT OF ISSUE, UNIT COST AND TOTAL COST ARE SHOWN IN THE ORDER STATED.
ITEM 1:
3950-292-9879 HOIST, CHAIN 1 EA $ 68.19 $ 68.19
3950-274-6737 " " 1 EA 68.19 68.19
3950-292-9882 " " 4 EA 78.10 312.40
5420-355-6727 JACK, CORD 2 EA 41.39 82.78
5120-293-0991 JACK, 15-TON 1 EA 56.85 56.85
3950-273-2869 WINCH, 5-TON, 9 EA 25.00 225.00
NON-STANDARD WINCH, 5-TON, 2 EA 100.00 200.00
2040-270-5772 ANCHOR, 200-LB 11 EA 35.00 385.00
NON-STANDARD WINCH, DED, 9 EA 6,000.00 54,000.00
2040-377-8604 ANCHOR, 500-LB 2 EA 134.00 268.00
NSN RAFT, CLASS 100 2 EA 62,122.00 124,244.00
2010-852-0001 PROPULSION UNIT, 4 EA 10,320.00 41,280.00
NSN RAFT, TEST (COMPOSED 1 EA 62,122.00 62,122.00
5420-542-4729 PONTON BOAT, HALF 1 EA 1,835.00 1,835.00
ITEM 2:
3950-292-9879 HOIST, CHAIN 2 EA 68.19 136.38
5120-293-0991 JACK, 15-TON 2 EA 56.85 113.70
3950-273-2869 WINCH, 5-TON, CAP., 6 EA 25.00 150.00
NON-STANDARD WINCH, 25-TON, 2 EA 100.00 200.00
2040-228-3687 ANCHOR, 100-LB 2 EA 26.89 53.78
2040-223-3687 ANCHOR, 150-LB 13 EA 30.00 390.00
NON-STANDARD WINCH, DED, 6 EA 6,000.00 36,000.00
2040-377-8604 ANCHOR, 500-LB 2 EA 134.00 268.00
6115-633-8328 GENERATOR, W/LOG BOOK 1 EA 558.00 558.00
NSN RAFT, CLASS 100 1 EA 62,122.00 62,122.00
5420-542-4729 PONTON BOAT, HALF 1 EA 1,835.00 1,835.00
ITEM 3:
NSN WINCH, RAMP, 4 EA 25.00 100.00
NSN WINCH, DED, 4 EA 6,000.00 24,000.00
NSN WINCH, DED, 25 HP, 2 EA 6,000.00 12,000.00
NSN RAFT, CLASS 100 2 EA 62,122.00 124,244.00
2040-377-8604 ANCHOR, 55-LB 2 EA 134.00 268.00
2040-223-3687 ANCHOR, 100-LB 2 EA 26.89 53.78
2040-223-3687 ANCHOR, 150-LB 2 EA 30.00 60.00
3950-292-9879 HOIST, CHAIN 1 EA 68.19 68.19
NSN WINCH, DED, 3 EA 6,000.00 18,000.00
5420-542-4729 PONTON, LTR 1 EA 1,835.00 1,835.00
ITEM 4:
2040-223-3687 ANCHOR, 100-LB 24 EA 26.89 645.36
2040-223-3687 ANCHOR, 150-LB 10 EA 30.00 300.00
3950-273-2869 WINCH, 5-TON, 6 EA 25.00 150.00
NON-STANDARD WINCH, DED, 4 EA 6,000.00 24,000.00
2040-377-8604 ANCHOR, 500-LB 1 EA 134.00 134.00
5420-542-4729 PONTON, LTR 1 EA 1,835.00 1,835.00
ITEM 5:
5120-293-0991 JACK, 150-TON 1 EA 56.85 56.85
3950-273-2869 WINCH, 5-TON CAP., 4 EA 25.00 100.00
NON-STANDARD WINCH, 25-TON, DED, 2 EA 100.00 200.00
NON-STANDARD WINCH, DED, 8 EA 6,000.00 48,000.00
2040-223-3687 ANCHOR, 100-LB 9 EA 26.89 242.01
2040-223-3687 ANCHOR, 150-LB 19 EA 30.00 570.00
NSN SANDBLASTER, 140 LTR 1 EA 550.00 550.00
NSN RAFT, CLASS 100 3 EA 62,122.00 186,366.00
2040-377-8604 ANCHOR, 500-LB 4 EA 134.00 536.00
5420-542-4729 PONTON, LTR 1 EA 1,835.00 1,835.00
ITEM 6:
5420-355-6727 JACK, CORD 2 EA 41.39 82.78
5120-293-0991 JACK, 15-TON 2 EA 56.85 113.70
3950-273-2869 WINCH, 5-TON, 4 EA 25.00 100.00
3950-273-2872 WINCH, DRUM, 2 EA 719.00 1,438.00
2040-223-3687 ANCHOR, 100-LB 26 EA 26.89 699.14
2040-270-5772 ANCHOR, 200-LB 4 EA 35.00 140.00
2040-377-8604 ANCHOR, 500-LB 2 EA 134.00 268.00
NON-STANDARD WINCH, DED, 3 EA 6,000.00 18,000.00
NSN RAFT, CLASS 100 2 EA 62,122.00 124,244.00
NSN JACK, 15-TON 1 EA 56.85 56.85
NSN JACK, 15-TON, 2 EA 56.85 113.70
5420-542-4729 PONTON, LTR 1 EA 1,835.00 1,835.00
3950-292-7879 HOIST, CHAIN 1 EA 68.19 68.19
MULTILATERAL 0 000 1964 FLITE DOCUMENT NO. 7900118
BASIC STANDARDIZATION AGREEMENT 1964.
AGREEMENT TO ENSURE THE FULLEST COOPERATION AND COLLABORATION AMONG
THE AMERICAN, BRITISH, CANADIAN AND AUSTRALIAN ARMIES. TO ACHIEVE THE
HIGHEST POSSIBLE DEGREE OF INTEROPERABILITY AMONG THE SIGNATORY ARMIES
THROUGH MATERIAL AND NON-MATERIAL STANDARDIZATION. TO OBTAIN THE
GREATEST POSSIBLE MATERIAL AND NON-MATERIAL STANDARDIZATION. TO OBTAIN
THE GREATEST POSSIBLE ECONOMY BY THE USE OF COMBINED RESOURCES AND
EFFORT. STANDING OPERATING PROCEDURES ARE NOW CALLED QUADRIPARTITE
STANDING OPERATING PROCEDURES.
NOTE: THIS IS A REPRODUCTION OF THE BSA 1964 WITH FOOTNOTES ADDED TO
CLARIFY CERTAIN TERMS OR PROCEDURES.
AIMS
101. THE AIMS OF THIS AGREEMENT ARE:
A. TO ENSURE THE FULLEST COOPERATION AND COLLABORATION AMONG THE
AMERICAN, BRITISH, CANADIAN /1/ AND AUSTRALIAN ARMIES.
B. TO ACHIEVE THE HIGHEST POSSIBLE DEGREE OF INTEROPERABILITY AMONG
THE SIGNATORY ARMIES THROUGH MATERIEL AND NON-MATERIEL STANDARDIZATION.
C. TO OBTAIN THE GREATEST POSSIBLE ECONOMY BY THE USE OF COMBINED
RESOURCES AND EFFORT.
POLICIES
102. THIS AGREEMENT IS DESIGNED:
A. TO KEEP EACH ARMY FULLY INFORMED OF RESEARCH AND DEVELOPMENT
TAKING PLACE IN THE OTHER ARMIES.
B. TO GUIDE RESEARCH AND DEVELOPMENT WHENEVER POSSIBLE ALONG LINES
COMPATIBLE WITH THE REQUIREMENTS OF ALL FOUR ARMIES.
C. TO RECORD AND MAINTAIN FORMAL AGREEMENTS IN BOTH THE MATERIEL AND
NON-MATERIEL FIELDS ON ITEMS OR CONCEPTS ACCEPTABLE TO TWO OR MORE
ARMIES.
D. TO ENSURE SUCH FORMAL AGREEMENTS ARE NOT MODIFIED WITHOUT
CONSULTATION.
103. FIELDS OF STANDARDIZATION AND COLLABORATION
A. STANDARDIZATION AND COLLABORATION WILL BE PURSUED SIMULTANEOUSLY
IN THE FOLLOWING FIELDS:
(1) NON-MATERIEL
WHICH INCLUDES STUDIES ON TACTICAL CONCEPTS AND DOCTRINE,
ORGANIZATION, TRAINING, OPERATIONS, ADMINISTRATION AND LOGISTICS.
(2) MATERIEL
WHICH INCLUDES MATERIEL MATTERS, RELATED TECHNICAL PROCEDURES AND
STUDIES PERTAINING THERETO.
(3) RESEARCH
WHICH INCLUDES SCIENTIFIC INVESTIGATIONS AND STUDIES.
B. WITHIN THE LIMITS OF NATIONAL POLICIES, INFORMATION ON THE CURRENT
STATUS OF ALL PROJECTS IN THE INCLUDED FIELDS WILL BE MADE AVAILABLE TO
ACCREDITED REPRESENTATIVES AT ALL TIMES, EVEN THOUGH FORMAL
STANDARDIZATION OR COLLABORATION IS NOT CONTEMPLATED.
C. THE TERM "STANDARDIZATION" IN THIS DOCUMENT IS USED IN A BROAD
SENSE TO COVER ALL ACTION DIRECTED TOWARDS MEETING THE AIMS OF THIS
AGREEMENT. IT DOES NOT NECESSARILY IMPLY NOR REQUIRE ADOPTION OF COMMON
OR IDENTICAL MATERIEL OR METHODS.
104. PARTICIPATION
A. A MEMBER ARMY MAY NOT NECESSARILY PARTICIPATE IN EVERY ASPECT OF
THE ABCA PROGRAM, BUT MAY RECEIVE COMPLETE ABCA PAPERS IRRESPECTIVE OF
PARTICIPATION.
B. NON-MEMBER ARMIES WILL NOT PARTICIPATE IN OR ATTEND MEETINGS HELD
UNDER THE AUSPICES OF THIS AGREEMENT.
105. CRITERIA FOR INCLUSION IN THE STANDARDIZATION PROGRAM
SUBJECTS CHOSEN FOR STANDARDIZATION EFFORT SHOULD PROVIDE FOR
SUBSTANTIAL GAINS IN ONE OR MORE OF THE FOLLOWING OBJECTIVES:
A. THE ABILITY OF ELEMENTS OF THE FOUR ARMIES TO OPERATE TOGETHER
EITHER IN AN INTEGRATED OR BALANCED COLLECTIVE FORCE AT WHATEVER LEVELS
PLANNING AND PROBABLE TACTICAL NECESSITY DICTATE. BOTH OPERATIONAL AND
LOGISTICAL ASPECTS MUST BE CONSIDERED.
B. THE EFFICIENT USE OF HUMAN AND MATERIEL RESOURCES.
106. EXCLUDED FIELDS
THE FIELDS EXCLUDED FROM THIS PROGRAM ARE THOSE WHICH INCLUDE
INFORMATION, THE RELEASE OF WHICH IS PROHIBITED BY THE LAWS OR
REGULATIONS OF ANY OF THE FOUR NATIONS.
107. RECIPROCITY
ALL ASPECTS OF STANDARDIZATION AND COLLABORATION, INCLUDING EXCHANGE
OF PERSONNEL, MATERIEL, INFORMATION, VISITS AND USE OF FACILITIES WILL
BE BASED ON THE PRINCIPLE OF RECIPROCITY.
108. ECONOMY OF EFFORT
A. THE POSSIBILITY OF SHARING THE WORK OF RESEARCH AND DEVELOPMENT
WILL BE KEPT CONSTANTLY UNDER REVIEW IN ORDER TO EFFECT ECONOMY OF
EFFORT.
B. THE TERM "SHARING" IS DEFINED AS MAKING THE BEST USE OF THE
COMBINED RESEARCH AND DEVELOPMENT CAPABILITIES OF THE ABCA COUNTRIES TO
AN EXTENT DEFINED SPECIFICALLY FOR THE INDIVIDUAL PROJECT BEING
CONSIDERED.
C. EXISTING AGENCIES AND PROCEDURES WILL BE USED WHENEVER
PRACTICABLE.
109. RESOLUTION OF DIFFERENCES
A. A DETERMINED ATTEMPT WILL BE MADE BY EACH ARMY CONCERNED TO
RESOLVE DIFFERENCES AT THE LEVEL AT WHICH THEY OCCUR.
B. DIFFERENCES HAVING A SUBSTANTIAL BEARING ON AN AGREED
STANDARDIZATION AIM FOR PRIORITY PROJECTS WHICH CAN NOT BE SO RESOLVED
WILL BE BROUGHT TO THE ATTENTION OF THE WASHINGTON STANDARDIZATION
OFFICERS AS SOON AS APPARENT.
110. INTER-SERVICE ASPECTS
A. COORDINATION. IT WILL BE THE RESPONSIBILITY OF EACH ARMY TO CARRY
OUT ANY NECESSARY COORDINATION WITH OTHER ARMED SERVICES OR GOVERNMENT
AGENCIES OF ITS COUNTRY, BEFORE ATTEMPTING TO REACH AGREEMENTS WITH
OTHER ARMIES.
B. EACH ARMY WILL ASSIST ABCA ARMY STANDARDIZATION INTERESTS OF THE
OTHER ARMIES IN MATTERS WHICH ARE THE CONCERN OF OTHER GOVERNMENT
AGENCIES OF ITS OWN COUNTRY.
ORGANIZATION
111. WASHINGTON STANDARDIZATION OFFICERS
EACH ABCA ARMY WILL DESIGNATE A SENIOR OFFICER, ON DUTY IN
WASHINGTON, AS ITS REPRESENTATIVE. THESE OFFICERS WILL MEET AS A GROUP,
KNOWN AS THE WASHINGTON STANDARDIZATION OFFICERS (WSO) WITH THE
FOLLOWING DUTIES:
A. TO COORDINATE AND EXPEDITE THE PROGRAM.
B. TO KEEP UNDER CONTINUOUS REVIEW THE POLICIES AND PROCEDURES, TO
RECOMMEND APPROPRIATE CHANGES IN POLICY, AND TO MAKE APPROPRIATE CHANGES
IN PROCEDURES.
C. TO RESOLVE IMPORTANT DIFFERENCES ARISING IN THE STANDARDIZATION
PROGRAM.
D. TO REPORT TO THE CHIEF OF STAFF LEVEL FAILURE TO RESOLVE THOSE
DIFFERENCES INVOLVING IMPORTANT SUBJECTS. SUCH REPORTS WILL CONTAIN THE
RESPECTIVE VIEWS OF ALL FOUR ARMIES.
E. TO ESTABLISH SUCH STANDARDIZATION COMMITTEES AS ARE NECESSARY FOR
COORDINATION OF THE PROGRAM.
F. TO SUPERVISE ACTIVITIES OF THE PRIMARY STANDARDIZATION OFFICE.
112. PRIMARY STANDARDIZATION OFFICE
EACH ABCA ARMY WILL PLACE A MILITARY REPRESENTATIVE ON DUTY IN THE
PRIMARY STANDARDIZATION OFFICE (PSO). THIS OFFICE, LOCATED IN
WASHINGTON, UNDER THE SUPERVISION OF THE WSO, WILL PERFORM THE FOLLOWING
DUTIES:
A. TO PROVIDE THE SECRETARIAT FOR THE WSO.
B. TO KEEP UNDER CONTINUOUS REVIEW FOR THE WSO PROGRESS IN THE
PROGRAM AND RECOMMEND TO THE WSO ANY ACTION NECESSARY TO EXPEDITE
PROGRESS OR RESOLVE DIFFERENCES.
C. MONITOR THE ACTIVITIES OF THE STANDARDIZATION COMMITTEES APPOINTED
BY THE WSO.
D. TO ACT AS THE OFFICIAL OFFICE OF RECORD FOR THE BSA WITH THE
EXCEPTION OF THOSE SPECIFIED RECORDS WHICH ARE MAINTAINED BY THE
SECRETARIAT OF THE STANDARDIZATION COMMITTEES.
113. NATIONAL OFFICES
EACH ABCA COUNTRY WILL ESTABLISH AN OFFICE IN ITS OWN CAPITAL TO
COORDINATE THE ABCA ARMY STANDARDIZATION PROGRAM WITHIN ITS OWN ARMY.
114. SENIOR STANDARDIZATION REPRESENTATIVES
AN OFFICER KNOWN AS THE SENIOR STANDARDIZATION REPRESENTATIVE WILL BE
DESIGNATED BY EACH ARMY IN THE CAPITAL CITY OF EACH OF THE OTHER
COUNTRIES. THESE REPRESENTATIVES WILL BE EITHER ACCREDITED TO OR
ATTACHED TO ARMY AGENCIES AS NECESSARY FOR THE EFFICIENT EXECUTION OF
THEIR DUTIES.
115. STANDARDIZATION REPRESENTATIVES
A. THESE REPRESENTATIVES WILL CARRY OUT LIAISON WITH THE STAFFS AND
AGENCIES OF THE ARMY TO WHICH THEY ARE ACCREDITED OR ATTACHED,
FURNISHING DIRECT TO THEIR OWN ARMY INFORMATION AND REPORTS RECEIVED.
B. THE ALLOCATION AND DISTRIBUTION OF STANDARDIZATION REPRESENTATIVES
WILL BE FLEXIBLE AND SUBJECT TO AGREEMENT BETWEEN THE ARMIES CONCERNED.
NON-MATERIEL FIELD
116. GENERAL
A. PRIOR TO REACHING THE STAGE WHEN IT RESULTS IN A FORMALLY RECORDED
AGREEMENT, THE NON-MATERIEL PORTION OF THE PROGRAM CONSISTS PRIMARILY OF
EXCHANGING INFORMATION ON AND COLLABORATING IN THE DEVELOPMENT OF NEW
CONCEPTS IN THE FIELDS LISTED IN PARAGRAPH 103A(1). THIS INCLUDES
EXCHANGING INFORMATION ON AND COLLABORATING WHEN APPROPRIATE IN THE
CONDUCT OF STUDIES, FIELD EXPERIMENTS AND TROOP TESTS.
B. EMPHASIS WILL BE PLACED ON STUDIES APPLICABLE TO THE FIELD ARMY.
C. WHEN A CONCEPT ON A NON-MATERIEL SUBJECT IS ACCEPTABLE TO TWO OR
MORE ARMIES, IT WILL BE RECORDED FORMALLY AS A SOLOG /2/ .
117. REVISION OR CANCELLATION OF FORMAL NON-MATERIEL AGREEMENTS
ANY FORMALLY RECORDED NON-MATERIEL AGREEMENT MAY BE REVISED OR
CANCELLED BY AGREEMENT OF THE SUBSCRIBING ARMIES.
118. GENERAL
A. STANDARDIZATION OF MATERIEL WILL BE ACCOMPLISHED ON AN ITEM BY
ITEM BASIS, DUE REGARD BEING GIVEN TO THE EFFECT OF SUCH STANDARDIZATION
ON RELATED ITEMS. THE STANDARDIZATION OBJECTIVE, COMPLETE OR PARTIAL,
WILL BE DETERMINED FOR EACH ITEM, BEARING IN MIND ITS FUNCTION AND THE
DIFFERENCES IN MANUFACTURING TECHNIQUES OF THE COUNTRIES.
B. CONSIDERATION WILL BE GIVEN TO SHARING RESPONSIBILITY FOR EARLY
RESEARCH AND DEVELOPMENT BEFORE FINAL DEVELOPMENT OF AN ITEM IS
UNDERTAKEN. HOWEVER, EACH ARMY IS FREE TO CONDUCT ANY RESEARCH AND
DEVELOPMENT WHICH IT DESIRES TO SUPPORT.
C. THE ULTIMATE GOAL IS THE EARLIEST POSSIBLE ADOPTION OF
STANDARDIZED MATERIEL, THOUGH BUDGETARY CONSIDERATION MAY PRECLUDE THE
IMMEDIATE REPLACEMENT OF EXISTING MATERIEL TO ACHIEVE THIS GOAL. WHEN
ADOPTION OF STANDARDIZED MATERIEL IS NOT POSSIBLE OR PRACTICABLE, A
LESSER DEGREE OF PHYSICAL OR FUNCTIONAL STANDARDIZATION WILL BE
ATTEMPTED.
D. WHEN, AT ANY STAGE OF THE DEVELOPMENT CYCLE, AN ITEM OR PROJECT IS
ACCEPTABLE TO TWO OR MORE ARMIES, IT WILL BE RECORDED FORMALLY.
119. PRODUCTION OF EQUIPMENT
A. SUCH DRAWINGS AND SPECIFICATIONS AS ARE NECESSARY TO ENABLE THE
OTHER ARMIES TO DECIDE WHETHER THEY CAN PRODUCE AN ITEM OF EQUIPMENT IN
THEIR OWN COUNTRY WILL BE PROVIDED WITHOUT COST BY THE DEVELOPING ARMY
AS EARLY IN DEVELOPMENT AS PRACTICABLE.
B. WHEN AN ARMY INDICATES ITS DECISION TO PRODUCE AN ITEM DEVELOPED
BY ANOTHER, THE DEVELOPING ARMY WILL MAKE AVAILABLE ALL INFORMATION
WHICH IT OWNS PERTAINING TO THE ITEM. IN ADDITION, THE DEVELOPING ARMY
WILL ASSIST THE OTHER ARMY IN OBTAINING THE INFORMATION WHICH IT DOES
NOT OWN.
120. PROCUREMENT OF EQUIPMENT
WHEN ANY ARMY ARRANGES TO PROCURE AN ITEM DEVELOPED BY ANOTHER, THE
DEVELOPING ARMY WILL PROVIDE INFORMATION NECESSARY FOR THE ASSEMBLY,
OPERATION AND MAINTENANCE OF THE ITEM. THIS INFORMATION NORMALLY WILL
BE PROVIDED AHEAD OF THE EQUIPMENT.
121. MAINTENANCE OF STANDARDIZATION OF EQUIPMENT
A. COUNTRIES MANUFACTURING AN ITEM WHICH HAS BEEN FORMALLY RECORDED
AS AN ABCA STANDARD /3/ WILL NOTIFY, AND, IN EVERY POSSIBLE CASE, REACH
MUTUAL AGREEMENT ON ALL CHANGES AFFECTING THE AGREED STANDARDIZATION
OBJECTIVES AND MILITARY CHARACTERISTICS WITH THE APPROVING AUTHORITIES
OF THE OTHER COUNTRY OR COUNTRIES CONCERNED BEFORE INTRODUCING THE
CHANGES; THE EXCHANGE OF INFORMATION ON THE PROPOSED CHANGES WILL BE
TRANSMITTED THROUGH ESTABLISHED CHANNELS.
B. ARMIES WILL SUPPLY TO OTHER ARMIES CONCERNED ROUTINE INFORMATION
REGARDING PRODUCTION CHANGES FOUND NECESSARY, BUT WHICH DO NOT AFFECT
THE AGREED STANDARDIZATION OBJECTIVES OR MILITARY CHARACTERISTICS.
C. EACH ARMY WILL ESTABLISH PROCEDURES FOR MONITORING THE EXCHANGE OF
THE ABOVE INFORMATION.
D. CHANGES MADE WHICH REQUIRE AN AMENDMENT TO A FORMAL RECORD WILL BE
BROUGHT TO THE ATTENTION OF THE APPROPRIATE STANDARDIZATION COMMITTEE.
122. LOANS OF EQUIPMENT
LOANS OF EQUIPMENT ON A NON-REIMBURSABLE BASIS ARE AUTHORIZED UNDER
THIS PROGRAM WHEN SUCH LOANS ARE IN THE INTERESTS OF STANDARDIZATION.
RESEARCH FIELD
123. COORDINATION OF RESEARCH
A. COORDINATION WILL BE APPLIED TO RESEARCH IN ALL APPROPRIATE AREAS.
EMPHASIS WILL BE PLACED ON COLLABORATION ON PROJECTS WHICH ARE LIKELY
TO HAVE DIRECT RATHER THAN LONG-TERM INFLUENCE ON FUTURE DEVELOPMENT OF
ARMY PROCEDURES AND EQUIPMENT.
B. DIVISION OF RESPONSIBILITY FOR, AND INTEGRATION, OR RESEARCH
EFFORT ARE TO BE ENCOURAGED, ALTHOUGH EACH ARMY IS FREE TO CONDUCT ANY
RESEARCH WHICH IT DESIRES TO SUPPORT.
C. WHILE EXCHANGE OF INFORMATION MAY BE EFFECTED ON ALL RESEARCH
MATTERS WITHIN THE PROGRAM THIS EXCHANGE WILL BE ENSURED ON THOSE
SPECIFIC PROJECTS IN WHICH TWO OR MORE ARMIES CONSIDER THAT EXCHANGE OF
IDEAS AND INFORMATION WILL BE OF MATERIAL ASSISTANCE.
SECURITY
124. CLASSIFICATION OF THE PROGRAM
THE EXISTENCE OF THE ABCA ARMY STANDARDIZATION PROGRAM IS
UNCLASSIFIED MILITARY INFORMATION.
125. CLASSIFICATION OF PROJECTS OR ITEMS
A. ABCA PROJECTS WILL CARRY THE SECURITY CLASSIFICATION ASSIGNED BY
PARTICIPANTS, SPECIAL CONSIDERATION BEING GIVEN TO AVOIDANCE OF
OVERCLASSIFICATION DUE TO VARIATION IN SECURITY PROCEDURES AMONG MEMBER
ARMIES.
B. CLASSIFIED ABCA DOCUMENTS WILL INDICATE, IN ADDITION TO OVERALL
CLASSIFICATION, THE CLASSIFICATION OF THE TITLE AND EACH PARAGRAPH TO
FACILITATE IDENTIFICATION OF CLASSIFIED MATTER.
C. WHEN THE FULL TITLE IS CLASSIFIED, A SHORT UNCLASSIFIED TITLE
SHOULD BE GIVEN TO THE PROJECT OR DOCUMENT TO FACILITATE REFERENCE TO
IT.
126. ABCA MILITARY INFORMATION
ABCA MILITARY INFORMATION IS THAT RESULTING OR ORIGINATING FROM
PROJECTS DEVELOPED OR PROPOSED UNDER THIS PROGRAM BETWEEN ANY OR ALL OF
THE PARTICIPATING ARMIES, OR OTHER MILITARY INFORMATION RESULTING OR
ORIGINATING FROM PROJECTS IN RESPECT TO WHICH THE PARTICIPATING ARMIES
HAVE AGREED - EITHER -
A. TO UNDERTAKE SEPARATELY, DIFFERENT PHASES OF A SPECIFIC PROJECT.
B. TO GIVE ONE ARMY SOLE RESPONSIBILITY FOR THE PROJECT ON BEHALF OF
THE OTHERS.
C. TO ADOPT THE BEST RESULTS OF INDEPENDENT ENDEAVORS.
127. SAFEGUARDING INFORMATION AND MATERIEL
A. INFORMATION OR MATERIEL EXCHANGED UNDER THIS PROGRAM WILL BE
ACCORDED THE SAME MILITARY SECURITY CLASSIFICATION AND SAFEGUARDS GIVEN
IT BY THE ORIGINATOR.
B. EXISTING OR POTENTIAL PROPRIETARY RIGHTS WILL BE PROTECTED, AND NO
USE WILL BE MADE OF INFORMATION OR MATERIEL WHICH MIGHT ENDANGER THESE
RIGHTS WITHOUT PRIOR AGREEMENT OF THE ORIGINATOR.
C. THE ORIGINATOR'S PRIOR AGREEMENT MUST BE OBTAINED BEFORE
PROPRIETARY INFORMATION IS USED FOR NON-MILITARY PURPOSES.
D. INFORMATION OR MATERIEL EXCHANGED UNDER THIS PROGRAM WILL NOT BE
DISCLOSED TO A NON-MEMBER NATION OR DEPENDENCY WITHOUT THE PRIOR
APPROVAL OF THE ORIGINATING NATION.
E. EACH ARMY IS FREE TO DISCLOSE INFORMATION OF ITS OWN EXCLUSIVE
ORIGIN DIRECTLY TO ANY NON-MEMBER NATION PROVIDED SUCH RELEASE DOES NOT
VIOLATE ANY SPECIFIC AGREEMENT TO PROTECT THE INFORMATION AS "ABCA
MILITARY INFORMATION" AND FURTHER DOES NOT IDENTIFY OR RELATE SUCH
INFORMATION TO OTHER ABCA COUNTRIES.
F. ABCA MILITARY INFORMATION MAY NOT BE DISCLOSED TO NON-MEMBER
NATIONS EXCEPT BY SPECIFIC AGREEMENT OF ALL MEMBERS.
ADMINISTRATION
128. ADMINISTRATIVE SUPPORT
A. OFFICE ACCOMMODATION AND CLERICAL ASSISTANCE FOR THE PSO WILL BE
PROVIDED BY THE US ARMY ON A NON-REIMBURSABLE BASIS.
B. OFFICE ACCOMMODATION AND CLERICAL SUPPORT FOR FULL-TIME
STANDARDIZATION REPRESENTATIVES LOCATED WITHIN INSTALLATIONS OF THE
OTHER COUNTRIES WILL BE PROVIDED ON A NONREIMBURSABLE BASIS BY THE
AGENCY TO WHICH THEY ARE ACCREDITED.
C. TRANSPORTATION AND TEMPORARY DUTY COSTS OF STANDARDIZATION
REPRESENTATIVES TRAVELLING ON STANDARDIZATION BUSINESS WILL BE PAID BY
THEIR OWN ARMY.
PROCEDURES
129. METHOD OF RESOLVING DIFFERENCES
WHEN AN ARMY REFERS A DIFFERENCE TO THE WSO (PARAGRAPH 109) THE
FOLLOWING PROCEDURES WILL BE USED:
A. THE ARMY REFERRING THE DIFFERENCE WILL ADVISE THE OTHER ARMIES AND
FORWARD A BRIEF REPORT TO THE PSO STATING THE PROBLEM, THE BACKGROUND
AND THE PROBABLE REPERCUSSIONS IF THE DIFFERENCE REMAINS UNRESOLVED.
B. THE PSO WILL RECORD THE REPORT AS A MATTER FOR PRIORITY DISCUSSION
BY THE WSO WHO WILL RECOMMEND THE SUBSEQUENT ACTION TO BE TAKEN.
C. NATIONAL HEADQUARTERS WILL GIVE FULL CONSIDERATION TO ADJUSTING
THEIR DEVELOPMENT PROGRAM TO PERMIT MAXIMUM EFFECT OF THE RECOMMENDATION
WHICH MAY BE MADE BY THE WSO. THEY WILL ADVISE THE EXTENT TO WHICH
THEIR DEVELOPMENT PROGRAM WILL BE ADJUSTED.
D. FOR PROJECTS WHICH ARE NOT THE SUBJECT OF PRIORITY STANDARDIZATION
EFFORT, THESE PROCEDURES WILL BE MODIFIED IN THE LIGHT OF EXISTING
CIRCUMSTANCES.
130. OTHER PROCEDURES
OTHER DETAILED PROCEDURES REQUIRED TO IMPLEMENT THE PROVISIONS OF
THIS AGREEMENT ARE CONTAINED IN A SEPARATE DOCUMENT ENTITLED "STANDING
OPERATING PROCEDURES (SOP) /4/ . THESE PROCEDURES INCLUDE:
A. THE DISSEMINATION AND EXCHANGE OF INFORMATION.
B. THE SELECTION AND RECORDING OF PROJECTS AND ITEMS FOR
STANDARDIZATION EFFORT.
C. THE MEANS OF GIVING PRIORITY TREATMENT TO SELECTED ITEMS.
D. THE METHODS OF COMMENTING ON MATERIEL PROJECTS OR ITEMS AND THE
PROCEDURES FOR RECORDING SUCH COMMENTS.
E. THE RESPONSIBILITIES OF STANDARDIZATION COMMITTEES.
F. THE ESTABLISHMENT OF CONFERENCES, DISCUSSION OR WORKING GROUPS,
CORRESPONDENCE GROUPS AND ARRANGEMENTS FOR THEIR MEETINGS. /5/
G. THE METHODS OF PUBLICATION, RECORDING AND MAINTENANCE OF FORMAL
AGREEMENTS ON NON-MATERIEL AND MATERIEL MATTERS.
H. CHANNELS OF COMMUNICATIONS.
131. AMENDMENT
SOP /6/ MAY BE AMENDED BY AUTHORITY OF THE WASHINGTON STANDARDIZATION
OFFICERS
/1/ AS PART OF THE UNIFICATION OF THE CANADIAN FORCES, THE CANADIAN
ARMY WAS ABSORBED INTO THE CANADIAN FORCES.
/2/ SOLOGS AND ABCA ARMY STANDARDS HAVE BEEN RENAMED QUADRIPARTITE
STANDARDIZATION AGREEMENTS (QSTAGS).
/3/ SOLOGS AND ABCA ARMY STANDARDS HAVE BEEN RENAMED QUADRIPARTITE
STANDARDIZATION AGREEMENTS (QSTAGS).
/4/ STANDING OPERATING PROCEDURES (SOP) ARE NOW KNOWN AS
QUADRIPARTITE STANDING OPERATING PROCEDURES (QSOP). THE PROCEDURES
REFERRED TO ARE CONTAINED IN CHAPTERS 2 TO 4 AND THE ANNEXES OF THIS
PUBLICATION.
/5/ DISCUSSION GROUPS NO LONGER EXIST. WORKING GROUPS ARE NOW KNOWN
AS QUADRIPARTITE WORKING GROUPS (QWGS). CORRESPONDENCE GROUPS ARE NOW
KNOWN AS INFORMATION EXCHANGE GROUPS (IEGS). PROVISION HAS ALSO BEEN
MADE FOR SPECIAL WORKING PARTIES (SWPS).
/6/ SOP IS NOW KNOWN AS QSOP.
KOREA, REPUBLIC OF 29 AUG 1975 FLITE DOCUMENT NO. 7900117
AGREEMENT EXECUTED 29 AUGUST 1975.
AGREEMENT CONCERNING PAYMENT PROCEDURES FOR SERVICES RENDERED UNDER
SINGLE AMMUNITION LOGISTICS SYSTEM-KOREA (SALS-K). INCLUDES SALS-K
REGULATION 37-5.
SALS-K REGULATION
NUMBER 37-5
INVOICING AND PAYMENT PROCEDURES FOR SERVICES RENDERED UNDER SINGLE
AMMUNITION LOGISTICS SYSTEM-KOREA (SALS-K)
1. PURPOSE PARAGRAPH 1 PAGE 2
2. SCOPE PARAGRAPH 2 PAGE 2
3. RESPONSIBILITIES PARAGRAPH 3 PAGE 2
4. PROCEDURES FOR REQUESTING REIMBURSEMENTS PARAGRAPH 4 PAGE 5
5. REFERENCES PARAGRAPH 5 PAGE 7
APPENDIX A - SAMPLE LETTER OF INVOICE PAGE A-1
APPENDIX B - SAMPLE CERTIFICATE OF SERVICES PAGE B-1
APPENDIX C - LETTER OF TRANSMITTAL TO FAO-K PAGE C-1
1. PURPOSE:
THIS REGULATION ASSIGNS RESPONSIBILITIES AND PRESCRIBES POLICIES AND
PROCEDURES INVOLVED IN INVOICING AND PAYMENT FOR SUPPORT SERVICES
FURNISHED BY ROKA ON A REIMBURSABLE BASIS UNDER SALS-K.
2. SCOPE:
THIS REGULATION APPLIES TO ALL US AND ROK AMMUNITION UNITS,
ACTIVITIES AND FUNCTIONS WHICH ARE WITHIN THE SCOPE OF SALS-K AND AS
DEFINED IN THE IN THE SALS-K MEMORANDUM OF AGREEMENT (MOA) AND THE
PROTOCOL THERETO.
3. RESPONSIBILITIES:
A. ROK/US COMBINED AMMUNITION COORDINATING GROUP (0CACG) IS
RESPONSIBLE FOR:
(1) PUBLISHING THIS REGULATION AND CHANGES AS REQUIRED.
(2) DETERMINING AND ANNOUNCING FAIR PRICE FOR SERVICES TO BE RENDERED
BY ROKA.
(3) PROVIDING THE FINAL RESOLUTION FOR PROBLEMS ARISING IN CONNECTION
WITH REIMBURSEMENT FOR SERVICES RENDERED UNDER SALS-K.
B. DEPUTY CHIEF OF STAFF, LOGISTICS (DCSLOG), ROKA, WILL MONITOR
OVERALL ASPECTS WITHIN ROK ARMY RELATED TO INVOICING AND PAYMENT TO
INSURE ROKA COMPLIANCE WITH PROVISIONS OF THE MOA AND PROTOCOL THERETO,
AS WELL AS POLICIES SET FORTH BY THE CACG.
C. ACOFS, J4, EUSA:
(1) MONITOR OVERALL ASPECTS WITH EUSA RELATED TO INVOICING AND
PAYMENT TO INSURE EUSA COMPLIANCE WITH THE PROVISIONS OF THE MOA AND
PROTOCOL THERETO, IN ADDITION TO POLICIES SET FORTH BY THE CACG.
(2) INSURE SUFFICIENT OMA FUNDS ARE BUDGETED UNDER THE APPROPRIATE
AMS CODE FOR REIMBURSEMENT OF ROKA FOR SERVICES RENDERED AT THE SALS-K
FACILITIES.
(3) PROVIDE FUND CITE TO THE EUSA FINANCE AND ACCOUNTING OFFICE
(EAFAO) ALONG WITH VERIFIED ROKA INVOICES FOR REIMBURSEMENT ACTION.
D. COMMANDER, 19TH SUPPORT BRIGADE, IS RESPONSIBLE FOR VERIFYING
TONNAGE DATA CONTAINED IN ROKA INVOICES DISCUSSED IN THIS REGULATION.
E. EAFAO, EUSA IS RESPONSIBLE FOR EFFECTING PAYMENT TO THE AGENT
DESIGNATED BY ROKA FOR RECEIVING REIMBURSEMENT FOR SERVICES RENDERED
UNDER SALS-K.
F. COMMANDER, ORDNANCE AMMUNITION COMMAND (OAC), ALC, ROKA, IS
RESPONSIBLE FOR:
(1) SUBMITTING TO HEADQUARTERS, ROKA (ATTN: OFFICE OF CHIEF,
ORDNANCE) AMMUNITION TONNAGE DATA TO PROVIDE A BASIS FOR PREPARATION OF
INVOICES TO BE PRESENTED TO EUSA.
(2) FURNISHING COMMANDER, 19TH SUPPORT BRIGADE (ATTN: EANB-GA) WITH
AN INFORMATION COPY (BILINGUAL) OF AFOREMENTIONED TONNAGE DATA REPORT.
4. PROCEDURES FOR REIMBURSING SUPPORT SERVICES RENDERED BY THE ROK
ARMY:
A. METHOD OF PAYMENT: SUBJECT TO COMPLIANCE WITH US SUPPORT
STANDARDS, AND FINAL APPROVAL BY THE US GOVERNMENT, PAYMENT FOR THOSE
SUPPORT FUNCTIONS PERFORMED BY THE ROKA FOR WHICH THE US GOVERNMENT HAS
PAYMENT RESPONSIBILITY (REFERENCE APPENDIXES A AND B TO PROTOCOL) WILL
BE MADE BY THE US ARMY FINANCE AND ACCOUNTING OFFICE, KOREA. PAYMENT
WILL BE MADE IN WON (KOREAN CURRENCY) AT THE OFFICIAL RATE OF EXCHANGE
EXISTING AT TIME OF EACH PAYMENT. PAYMENT WILL BE MADE TO THE RECEIVING
AGENT (KOREAN BANK) DESIGNATED BY THE ROKA REPRESENTATIVE IN
COORDINATION WITH THE US REPRESENTATIVE. THE PAYEE ON THE CHECK WILL BE
THE PERSON NAMED BY THE ROKA REPRESENTATIVE FOR WHOM A KOREAN BANK
ACCOUNT IS ESTABLISHED FOR DEPOSIT OF REMITTANCES TO BE FORWARDED BY THE
USAFAO-K.
B. INVOICING AND PAYMENT: ROKA WILL SUBMIT TO HQ, EIGHTH US ARMY,
ATTN: DJ-RSM-PM, NOT LATER THAN 15 DAYS FOLLOWING THE LAST DAY OF EACH
QUARTER, CONSOLIDATED INVOICE BILLING FOR THOSE SUPPORT FUNCTIONS
PERFORMED BY THE ROKA FOR WHICH THE US GOVERNMENT HAS PAYMENT
RESPONSIBILITY (REFERENCE APPENDIXES A AND B TO PROTOCOL). INVOICES
WILL BE PREPARED IN THE FORMAT ILLUSTRATED IN APPENDIX A OF THIS
REGULATION AND SUBMITTED BY ROKA IN THE ORIGINAL AND THREE COPIES.
ACOFS, J4, RESOURCES MANAGEMENT OFFICE (DJ-RSM-PM) WILL FORWARD THE
INVOICE BILLING, ACCOMPANIED BY 2 COPIES OF CERTIFICATION STATEMENT
SIGNED BY THE DESIGNATED REPRESENTATIVE OF COMMANDER, 19TH SUPPORT
BRIGADE, TO THE US ARMY FINANCE AND ACCOUNTING OFFICE, KOREA, APO 96301,
FOR PAYMENT. IN ADDITION, DJ-RSM-PM WILL FURNISH INFORMATION AS TO THE
AMS COST CODE TO BE CHARGED FOR THE SUPPORT PROVIDED BY THE ROKA.
C. COST COMPUTATION: INVOICE AMOUNTS WILL BE BASED UPON THE MEAN
STOCKAGE IN SHORT TONS OF US OWNED, US INTENDED USE AMMUNITION STOCKS
STORED IN SHORT TONS OF US OWNED, US INTENDED USE AMMUNITION STOCKS
STORED DURING THE QUARTER. THE ANNUAL REIMBURSEMENT RATE HAS BEEN
ESTABLISHED BY THE CACG AT $11.00 PER SHORT TON. THE MEAN STOCKAGE IN
SHORT TONS OF US INTENDED USE AMMUNITION IN STORAGE WILL BE COMPUTED BY
ADDING THE HIGHEST TONNAGE STOCKED DURING THE QUARTER TO THE LOWEST
TONNAGE STOCKED DURING THE SAME PERIOD AND DIVIDING BY TWO (2). THE
REIMBURSEMENT RATE FOR QUARTERLY INVOICES WILL BE ONE FOURTH OF YEARLY
REIMBURSEMENT RATE.
5. REFERENCES:
A. MEMORANDUM OF AGREEMENT BETWEEN THE GOVERNMENT OF THE UNITED
STATES OF AMERICA AND THE GOVERNMENT OF THE REPUBLIC OF KOREA CONCERNING
CONVENTIONAL AMMUNITION LOGISTICS IN KOREA, AND PROTOCOL THERETO, DATED
25 NOVEMBER 1974.
B. SINGLE AMMUNITION LOGISTICS SYSTEM - KOREA (SALS-K) IMPLEMENTATION
DIRECTIVE DATED 24 JULY 1975.
FOR THE GOVERNMENT OF THE
REPUBLIC OF KOREA
RHEE, BOMB JUNE
MAJOR GENERAL, ROKA
DEPUTY CHIEF OF STAFF
FOR LOGISTICS, ROK ARMY
DISTRIBUTION
US ELEMENTS
CDR, 19TH SUPPORT BRIGADE, ATTN: EANB-GA, APO 96212
HQ EUSA, ATTN: AJ, BJ, CJ, AGJ, ENG, JAJ, GCJ, EAFAO-A
ROKA ELEMENTS
CDR, ROK ARMY LOGISTICS COMMAND (ALC)
CDR, FROKA, ATTN: ACOFS, G4
CDR, TROKA, ATTN: ACOFS, G4
HQ ROKA, ATTN: DCSLOG; DCSOPS; CH, ENGR; DCS FOR PLANNING AND
MGMT
KOREA, REPUBLIC OF 1 APR 1977 FLITE DOCUMENT NO. 7900116
AGREEMENT EXECUTED 1 APRIL 1977.
AGREEMENT REGARDING IMPLEMENTATION DIRECTIVE NUMBER 4, SINGLE
AMMUNITION LOGISTICS SYSTEM-KOREA (SALS-K).
SUBJECT: IMPLEMENTATION DIRECTIVE NUMBER 4, SINGLE AMMUNITION
LOGISTICS SYSTEM-KOREA (SALS-K)
TO: SEE DISTRIBUTION
1. REFERENCES: A. COMBINED AMMUNITION COORDINATING GROUP (CACG)
WORKING LEVEL MEETING, 14 AND 15 MARCH 1977.
B. SINGLE AMMUNITION LOGISTICS SYSTEM, KOREA (SALS-K) IMPLEMENTATION
DIRECTIVE, DATED 24 JULY 1975.
2. DURING THE REFERENCE MEETING, IT WAS DETERMINED THAT ROKA IS
CAPABLE OF ASSUMING MAINTENANCE LINE OPERATION AT ASP 056 AND DEPOT 053
AS FOLLOWS.
LOCATION DEPOT 053 "C" LINE (P&P) DATE 1 APRIL 1977
LOCATION ASP 056 (P&P) DATE 1 APRIL 1977
LOCATION DEPOT 053 "A" LINE (RENOVATION) DATE 1 JULY 1977
LOCATION DEPOT 053 "B" LINE (RENOVATION) DATE 1 JULY 1977
3. ADDITIONAL FACILITIES WILL NOT BE TURNED OVER TO ROKA AT THIS
TIME. DEPOT 053 AND ASP 056 WILL IN THE FUTURE BE CONSIDERED
"JOINT-USE" INSTALLATIONS. ENGINEER ELEMENTS FROM THE US AND ROK WILL
IDENTIFY BUILDINGS, ROADNETS, UTILITIES, ETC. ON EACH INSTALLATION
IDENTIFYING NATIONAL RESPONSIBILITY.
4. ANNEX B, PARA 4E, TO REFERENCE B IS RESCINDED. THE US PRESENTLY
WILL PROVIDE THE AMMUNITION MATERIAL HANDLING EQUIPMENT (AMHE) NOW
LOCATED AT ASP'S 056 AND 063 AND DEPOT 053. THIS EQUIPMENT MAY BE
WITHDRAWN WHEN ROKA RECEIVES EQUIPMENT PRESENTLY ON THEIR PROCUREMENT
SCHEDULE. THE US WILL PROVIDE REPAIR PARTS FOR US OWNED AMHE AND ROKA
WILL PROVIDE OPERATORS, MAINTENANCE SUPPORT AND LOAD TESTING IN
ACCORDANCE WITH SALS-K REGULATION 750-1.
5. NEW RATES FOR REIMBURSEMENT WILL BECOME EFFECTIVE WITH THE
ASSUMPTION OF THE MAINTENANCE FUNCTION.
6. THE COMMANDER, 19TH SUPPORT COMMAND WILL:
A. COORDINATE WITH COMMANDER, ROKA ORDNANCE AMMUNITION COMMAND (OAC)
TO ACCOMPLISH TURNOVER OF THE AMMUNITION MAINTENANCE FUNCTION AS
SCHEDULED IN PARAGRAPH 2 ABOVE.
B. PROVIDE AMHE SUPPORT TO THE ROKA AS INDICATED IN PARAGRAPH 4
ABOVE.
C. INITIATE ACTION TO IDENTIFY FACILITIES AND RESPONSIBILITIES ON
JOINT-USE INSTALLATIONS IN CONJUNCTION WITH ROKA OAC.
D. IN CONJUNCTION WITH ROKA, OAC, DEVELOP A HISTORICAL SUMMARY OF
LESSONS LEARNED 90 DAYS AFTER THE TURNOVER OF THE FIRST TWO MAINTENANCE
LINES. COPIES TO BE PROVIDED EUSA, J4 AND ROKA, OCO.
E. COORDINATE WITH COMMANDER, ROKA, OAC TO TURN OVER AMMUNITION DEMIL
FUNCTIONS TO ROKA ON 1 APRIL 1977.
7. THE COMMANDER, ROKA ORDNANCE AMMUNITION COMMAND WILL:
A. COORDINATE WITH COMMANDER, 19TH SUPPORT COMMAND TO ACCOMPLISH
TRANSFER OF THE AMMUNITION MAINTENANCE FUNCTION TO ROKA AS SCHEDULED IN
PARAGRAPH 2 ABOVE.
B. COORDINATE WITH COMMANDER, 19TH SUPPORT COMMAND FOR ASSUMING THE
AMMUNITION DEMIL AND DISPOSAL FUNCTIONS ON 1 APRIL 1977.
C. ASSIST THE 19TH SUPPORT COMMAND IN DEVELOPING A HISTORICAL SUMMARY
OF LESSONS LEARNED IN THE TRANSFER OF MAINTENANCE LINE OPERATION
FUNCTIONS.
D. COORDINATE WITH COMMANDER, 19TH SUPPORT COMMAND FOR IDENTIFICATION
OF FACILITIES AND RESPONSIBILITIES ON JOINT-USE INSTALLATIONS.
FOR THE GOVERNMENT OF
THE REPUBLIC OF KOREA
CHOI, YEOUNG KOO
MAJOR GENERAL, ROKA
DEPUTY CHIEF OF STAFF FOR
LOGISTICS, ROK ARMY
DISTRIBUTION:
US ELEMENTS
CDR, EUSA, J4, ATTN: DJ-AM, APO 96301
CDR, 19TH SPT CMD, ATTN: EANC-GA, APO 96212
CHIEF, JUSMAG-K, APO 96302
ROK ELEMENTS
HQ, ROKA, ATTN: DCSLOG
HQ, ROKA, ATTN: DCSOPS
HQ, ROKA, ATTN: CHIEF OF ORD
HQ, ROK, ATTN: CHIEF OF ENGINEER
CDR, TROKA, ATTN: ACOFS, G-4
CDR, FROKA, ATTN: ACOFS, G-4
CDR, ARMY LOGISTICS CMD, PUSAN
CDR, ORD AMMO CMD, PUSAN
KOREA, REPUBLIC OF 15 DEC 1975 FLITE DOCUMENT NO. 7900115
AGREEMENT EXECUTED 15 DECEMBER 1975.
AGREEMENT REGARDING IMPLEMENTATION DIRECTIVE NUMBER 3 SINGLE
AMMUNITION SYSTEM-KOREA (SALS-K).
SUBJECT: IMPLEMENTATION DIRECTIVE NUMBER 3, SINGLE AMMUNITION SYSTEM
- KOREA (SALS-K)
TO: SEE DISTRIBUTION
1. REFERENCES:
A. SALS-K IMPLEMENTATION DIRECTIVE NUMBER 2 DATED 29 AUG 1975.
B. SALS-K IMPLEMENTATION PLAN DATED 24 JULY 1975.
C. MINUTES, COMBINED AMMUNITION COORDINATING GROUP (CACG) MEETING
HELD 6 NOVEMBER 1975.
2. DURING THE 6 NOVEMBER 1975 MEETING OF THE COMBINED AMMUNITION
COORDINATING GROUP AN IN-PROCESS REVIEW (IPR) WAS CONDUCTED. IT WAS
DETERMINED THAT ROKA HAS ASSUMED RESPONSIBILITY FOR OPERATING SALS-K ASP
063 EFFECTIVE 1 NOVEMBER 1975, AND THE DECISION WAS MADE BY THE CACG TO
PROCEED AND IMPLEMENT PHASE 2. IT IS THEREFORE DIRECTED THAT ADDRESSEES
ACCOMPLISH THE FOLLOWING:
A. COMMANDER, 19TH SUPPORT BRIGADE:
(1) COORDINATE WITH CDR, ROKA ORDNANCE AMMUNITION COMMAND (OAC), ARMY
LOGISTICS COMMAND, AND AFE CAMP HUMPHREYS IN COMPLETING TASK NUMBER 9.2
BY TARGET DATE, 1 FEBRUARY 1976.
(2) PROVIDE WEEKLY PROGRESS REPORTS TO THE CACG THROUGH ACOFS, J4
(ATTN: DJ-AM-S) NOT LATER THAN 1200 HOURS EACH FRIDAY, GIVING THE
STATUS OF TASK COMPLETION AND PROBLEM AREAS ENCOUNTERED.
B. COMMANDER, ROKA ORDNANCE AMMUNITION COMMAND OAC), ARMY LOGISTICS
COMMAND:
(1) COORDINATE WITH CDR, 19TH SUPPORT BRIGADE (ACOFS, AMMO) AND ROKA
ENGINEER TO COMPLETE TASK NUMBER 9.1 BY THE 1 FEBRUARY 1976 TARGET DATE.
(2) SUBMIT WEEKLY PROGRESS REPORTS TO THE CACG THROUGH ROKA DCSLOG
(ATTN: CHIEF OF ORDNANCE) NOT LATER THAN 1200 HOURS EACH FRIDAY GIVING
STATUS OF TASK COMPLETION AND PROBLEM AREAS ENCOUNTERED.
C. AREA FACILITIES ENGINEER (AFE), CAMP HUMPHREYS: COORDINATE WITH
COMMANDER, 19TH SUPPORT BRIGADE, ROKA ENGINEER, AND EUSA ENGINEER TO
TRANSFER THE AMMUNITION STORAGE AREAS OF AMMUNITION DEPOT 053 (KS 172)
TO ROKA. TARGET COMPLETION DATE IS 1 FEBRUARY 1976.
NOTE: NO ADMINISTRATIVE OR TROOP SUPPORT FACILITIES WILL BE INVOLVED
IN THIS TRANSFER.
D. ROKA ENGINEER: COORDINATE WITH EUSA ENGINEER; AFE, CAMP
HUMPHREYS (PYONGTAEK); CDR, 3RD DISTRICT COMMAND ENGINEER, SROKA; AND
CDR, 19TH SUPPORT BRIGADE, TO CONSTRUCT A CANTONMENT AREA AT ROKA DEPOT
053 TO ACCOMMODATE THE 712TH ORDNANCE COMPANY WHICH WILL OPERATE SALS-K
DEPOT 053. TARGET DATE FOR COMPLETION OF CONSTRUCTION IS 1 FEBRUARY
1976.
3. IN-PROCESS REVIEW (IPR) MEETINGS ARE HELD BY THE CACG
PERIODICALLY TO MONITOR THE STATUS OF THE IMPLEMENTATION MILESTONES AND
TO ADDRESS PROBLEM AREAS AS APPROPRIATE. MINUTES OF THE MEETINGS WILL
CONTINUE TO BE DISTRIBUTED TO ALL EUSA AND ROKA ELEMENTS CONCERNED.
FOR THE GOVERNMENT OF THE
REPUBLIC OF KOREA
CHOI, YEOUNG KOO
MAJOR GENERAL, ROKA
DEPUTY CHIEF OF STAFF
FOR LOGISTICS, ROK ARMY
KOREA REPUBLIC OF 27 OCT 1977 FLITE DOCUMENT NO. 7900114
AGREEMENT EXECUTED 27 OCTOBER 1977.
AGREEMENT REGARDING IMPLEMENTATION DIRECTIVE NUMBER 5, SINGLE
AMMUNITION LOGISTICS SYSTEM-KOREA (SAKS-K).
SUBJECT: IMPLEMENTATION DIRECTIVE NUMBER 5, SINGLE AMMUNITION
LOGISTICS SYSTEM-KOREA (SALS-K)
TO: SEE DISTRIBUTION
1. REFERENCES.
A. COMBINED AMMUNITION COORDINATING GROUP (CACG) WORKING LEVEL
MEETING, 3 AUGUST 1977.
B. SINGLE AMMUNITION LOGISTICS SYSTEM-KOREA (SALS-K) IMPLEMENTATION
PLAN, DATED 24 JULY 1975.
2. DURING REFERENCED MEETING, IT WAS DETERMINED THAT ROKA IS CAPABLE
OF CONTINUING WITH IMPLEMENTATION OF THE BASIC PLAN CITED AT REFERENCE
B.
SUBJECT: IMPLEMENTATION DIRECTIVE NUMBER 5, SINGLE AMMUNITION
LOGISTICS SYSTEM-KOREA (SALS-K)
SPECIFICALLY, ROKA CAN ASSUME RESPONSIBILITY FOR THE RECEIPT,
STORAGE, ISSUE, MAINTENANCE AND SECURITY OF MUNITIONS AT CAMP THOMPSON
(AD 082), PHASE IIIA, AND MASAN AMMUNITION DEPOT (MAD), PHASE IIIB, AS
FOLLOWS:
CP THOMPSON (AD 082)/AMMO RECEIPT, 5 NOV 1977
STORAGE, ISSUE AND PHYSICAL SECURITY
CP THOMPSON (AD 082)/AMMO MAINTENANCE 15 NOV 1977
MAD/AMMO RECEIPT, STORAGE, ISSUE AND 30 OCT 1977
PHYSICAL SECURITY
MAD/AMMO MAINTENANCE 10 NOV 1977
3. DEPOT 082 AND MAD WILL BE CONSIDERED "JOINT-USE" INSTALLATIONS.
ENGINEER ELEMENTS FROM THE US AND ROK WILL IDENTIFY BUILDINGS, ROAD
NETS, UTILITIES, ETC. ON EACH INSTALLATION IDENTIFYING RESPONSIBILITY IN
ACCORDANCE WITH THE MILESTONES SET FORTH IN APPENDIX A.
4. ROKA SEWAGE AND WASTE DISPOSAL METHODS/PROCEDURES TO BE UTILIZED
AT CAMP THOMPSON WILL COMPLY WITH THE FOLLOWING:
A. THE DRAINAGE DITCH ADJACENT TO BLDG S-58 MAY BE USED FOR KITCHEN
AND DINING FACILITY LIQUID WASTE, PROVIDING THE DITCH IS COMPLETELY
CONCRETE LINED AND COVERED WITH CONCRETE REMOVABLE PLATES. THE DRAINAGE
DITCH WILL BE PERIODICALLY INSPECTED FOR INSECT AND RODENT INFESTATION
AND WILL BE CLEANED OUT AS NECESSARY.
B. A LATRINE WILL BE CONSTRUCTED WITH SUFFICIENT CAPACITY TO SEAT
TWELVE AT ONE TIME.
5. COMMANDER, 19TH SUPPORT COMMAND WILL:
A. COORDINATE WITH COMMANDER, ROKA ORDNANCE AMMUNITION COMMAND OAC)
AND AREA FACILITIES ENGINEERS (AFE) FOR CAMP HUMPHREYS AND PUSAN TO
ACCOMPLISH APPENDIX A TASK NUMBERS 10.2 BY 15 NOV 77 AND 11.2 BY 10 NOV
77.
B. DESIGNATE BUILDINGS, LIGHTING CIRCUITS, GUARD TOWERS, AND
AMMUNITION STORAGE IGLOOS MAGAZINES TO BE TURNED OVER TO ROKA IN AN "AS
IS" STRUCTURAL CONDITION. LIGHTNING RODS, GROUND WIRES, DOOR CHAINS AND
PIN LOCKS ON THE IGLOO MAGAZINES WILL BE REPAIRED OR REPLACED BY THE US
IF NECESSARY. UPON COMPLETION OF THE REPAIR OR REPLACEMENT OF THE ABOVE
ITEMS ON THE IGLOO MAGAZINES, THE US WILL NO LONGER BE RESPONSIBLE FOR
REPAIRS TO THOSE STRUCTURES TURNED OVER TO THE ROKA.
C. PROVIDE MONTHLY PROGRESS REPORT TO THE CACG THROUGH ACOFS, J4
(ATTN: DJ-AM-S) NOT LATER THAN 1600 HOURS THE LAST DAY OF EACH MONTH.
FIRST REPORT DUE 30 NOV 1977.
6. COMMANDER, ROKA ORDNANCE AMMUNITION COMMAND (OAC), ARMY LOGISTICS
COMMAND WILL:
A. COORDINATE WITH COMMANDER, 19TH SUPPORT COMMAND AND SUPPORTING
ROKA ENGINEER TO COMPLETE APPENDIX A TASK NUMBERS 10.1 BY 15 NOV 77 AND
11.1 BY 10 NOV 77.
B. PROVIDE MONTHLY PROGRESS REPORTS TO CACG THROUGH ROKA DCSLOG
(ATTN: CHIEF OF ORDNANCE) NOT LATER THAN 1600 HOURS THE LAST DAY OF
EACH MONTH. FIRST REPORT DUE 30 NOV 1977.
7. AREA FACILITIES ENGINEER (AFE), CAMP HUMPHREYS WILL:
A. COMPLETE JOB ORDERS AS REQUIRED TO RELOCATE 55TH ORD CO ARMS ROOM
FROM BLDG T-32 TO T-35 BY 23 SEP 1977.
B. COORDINATE WITH ROKA ENGINEER ON THE INSTALLATION OF ELECTRIC
METERS AND WATER METERS IN ACCORDANCE WITH REFERENCE A. TARGET DATE FOR
COMPLETION IS 10 OCT 1977.
C. COORDINATE WITH THE EUSA ENGINEER, ROKA ENGINEER, AND COMMANDER,
19TH SUPPORT COMMAND TO TRANSFER AMMUNITION STORAGE AREAS AND FACILITIES
OF THE CAMP THOMPSON CANTONMENT AREA DEPICTED IN REFERENCE A TO ROKA.
TARGET COMPLETION DATE IS 5 NOV 1977.
8. AREA FACILITIES ENGINEER (AFE), PUSAN WILL:
A. COORDINATE WITH THE EUSA ENGINEER, ROKA ENGINEER, AND COMMANDER,
19TH SUPPORT COMMAND TO TRANSFER THE AMMUNITION STORAGE AREAS OF MASAN
AMMUNITION DEPOT TO ROKA. TARGET COMPLETION DATE IS 30 OCT 1977.
B. COORDINATE WITH ROKA ON THE INSTALLATION OF A WATER METER IN
ACCORDANCE WITH REFERENCE A. TARGET COMPLETION DATE IS 10 OCTOBER 1977.
C. COORDINATE AND APPROVE ROKA INSTALLATION OF AN APPROPRIATE GATE IN
THE EXISTING FENCE AROUND CAMP HANDRICH TO PERMIT ROKA VEHICLES INGRESS
AND EGRESS TO THE ROKA CANTONMENT AREA THROUGH CAMP HANDRICH. TARGET
COMPLETION DATE IS 10 OCTOBER 1977.
9. ROKA ENGINEER WILL: COORDINATE WITH EUSA ENGINEER, AFE CAMP
HUMPHREYS, AFE PUSAN AND COMMANDER, 19TH SUPPORT COMMAND TO COMPLY WITH
ROKA ENGINEER REQUIREMENTS OUTLINED IN REFERENCE A.
BY ORDER OF THE CACG:
CHOI, YEONG KOO
MAJOR GENERAL, ROKA
DEPUTY CHIEF OF STAFF
FOR LOGISTICS, ROK ARMY
DISTRIBUTION:
US ELEMENTS
CHIEF, JUSMAG-K, ATTN: MKAR-P, APO 96302
CDR, 19TH SPT COMD, ATTN: EANC-GA, APO 96212
ENGR, 8TH US ARMY, ATTN: ENJ-RE/S, APO 96301
CDR, AFE CAMP HUMPHREYS, APO 96271
CDR, AFE PUSAN, APO 96259
ROKA ELEMENTS
HQ, ROKA, ATTN: DCSLOG
HQ, ROKA, ATTN: DCSOPS
HQ, ROKA, ATTN: CHIEF OF ENGINEERS
HQ, ROKA, ATTN: CHIEF OF ORDNANCE
CDR, TROKA, ATTN: ACOFS, G4
CDR, ROK ARMY LOGISTICS COMMAND, PUSAN
CDR, ORDNANCE AMMUNITION COMMAND, PUSAN
1 INCL
APPENDIX A - SALS-K PHASE III IMPLEMENTING SCHEDULE
TASK NUMBER 10 DESCRIPTION IMPLEMENT PHASE IIIA (TRANSFER RECEIPT,
STORAGE, ISSUE, PHYSICAL SECURITY AND MAINTENANCE FUNCTIONS AT ASP 082
TO ROKA) TARGET COMPLETION DATE 15 NOV 77.
SUB-TASK 10.1 DESCRIPTION ROKA TASKS TARGET COMPLETION DATE 15 NOV
77.
SUB-TASK 10.1.1 DESCRIPTION DEPLOY ADVANCE CONSTRUCTION PARTY TO ASP
082 TARGET COMPLETION DATE 10 AUG 77
SUB-TASK 10.1.2 DESCRIPTION COMMENCE JOINT US/ROKA REAL PROPERTY
INVENTORY TARGET COMPLETION DATE 15 AUG 77
SUB-TASK 10.1.3 DESCRIPTION COMPLETE INVENTORY OF REAL PROPERTY TO BE
CONSIDERED US, ROKA OR "JOINT-USE" FACILITIES TARGET COMPLETION DATE 23
SEP 77
SUB-TASK 10.1.4 DESCRIPTION COMPLETE CONSTRUCTION WORK FOR CANTONMENT
AREA TARGET COMPLETION DATE 20 OCT 77
SUB-TASK 10.1.5 DESCRIPTION DEPLOY MAIN PARTY TO ASP 082 TARGET
COMPLETION DATE 25 OCT 77
SUB-TASK 10.1.6 DESCRIPTION COMPLETE INVENTORY OF AMMO STOCKS TARGET
COMPLETION DATE 5 NOV 77
SUB-TASK 10.1.7 DESCRIPTION ESTABLISH STOCK ACCOUNTING RECORD FOR
AMMO STOCKS AND RECEIPT FOR US AMMO STOCKS TARGET COMPLETION DATE 5 NOV
77
SUB-TASK 10.1.8 DESCRIPTION RECEIVE FACILITIES FROM US TARGET
COMPLETION DATE 5 NOV 77
SUB-TASK 10.1.9 DESCRIPTION ASSUME PHYSICAL SECURITY FUNCTION AT ASP
082 TARGET COMPLETION DATE 5 NOV 77
SUB-TASK 10.1.10 DESCRIPTION COMPLETE TRAINING OF ROKA UNITS TARGET
COMPLETION DATE 5 NOV 77
SUB-TASK 10.1.11 DESCRIPTION ASSUME AMMUNITION MAINTENANCE FUNCTION
AT ASP 082 TARGET COMPLETION DATE 15 NOV 77
SUB-TASK 10.2 DESCRIPTION US TASKS TARGET COMPLETION DATE 15 NOV 77
SUB-TASK 10.2.1 DESCRIPTION COMMENCE JOINT US/ROKA REAL PROPERTY
INVENTORY TARGET COMPLETION DATE 15 AUG 77
SUB-TASK 10.2.2 DESCRIPTION COMPLETE INVENTORY OF REAL PROPERTY TO BE
CONSIDERED US, ROKA OR "JOINT-USE" FACILITIES TARGET COMPLETION DATE 23
SEP 77
SUB-TASK 10.2.3 DESCRIPTION COMPLETE INVENTORY OF AMMO STOCKS TARGET
COMPLETION DATE 5 NOV 77
SUB-TASK 10.2.4 DESCRIPTION TRANSFER CUSTODY OF AMMO STOCKS TO ROKA
TARGET COMPLETION DATE 5 NOV 77
SUB-TASK 10.2.5 DESCRIPTION TRANSFER FACILITIES TO ROKA TARGET
COMPLETION DATE 5 NOV 77
SUB-TASK 10.2.6 DESCRIPTION TRANSFER PHYSICAL SECURITY FUNCTION TO
ROKA TARGET COMPLETION DATE 5 NOV 77
SUB-TASK 10.2.7 DESCRIPTION TURNOVER AMMUNITION MAINTENANCE TO ROKA
TARGET COMPLETION DATE 15 NOV 77
TASK NUMBER 11 DESCRIPTION IMPLEMENT PHASE IIIB (TRANSFER RECEIPT,
STORAGE, ISSUE, PHYSICAL SECURITY AND MAINTENANCE FUNCTIONS AT MAD TO
ROKA) TARGET COMPLETION DATE 10 NOV 77
SUB-TASK 11.1 DESCRIPTION ROKA TASKS TARGET COMPLETION DATE 10 NOV 77
SUB-TASK 11.1.1 DESCRIPTION COMMENCE JOINT US/ROKA REAL PROPERTY
INVENTORY TARGET COMPLETION DATE 15 AUG 77
SUB-TASK 11.1.2 DESCRIPTION COMPLETE INVENTORY OF REAL PROPERTY TO BE
CONSIDERED US, ROKA OR "JOINT-USE" FACILITIES TARGET COMPLETION DATE 23
SEP 77
SUB-TASK 11.1.3 DESCRIPTION COMPLETE CONSTRUCTION WORK FOR CANTONMENT
AREA TARGET COMPLETION DATE 10 OCT 77
SUB-TASK 11.1.4 DESCRIPTION DEPLOY MAIN PARTY TO MASAN AMMUNITION
DEPOT TARGET COMPLETION DATE 15 OCT 77
SUB-TASK 11.1.5 DESCRIPTION COMPLETE INVENTORY OF AMMO STOCKS TARGET
COMPLETION DATE 30 OCT 77
SUB-TASK 11.1.6 DESCRIPTION ESTABLISH STOCK ACCOUNTING RECORD FOR
AMMO STOCKS AND RECEIPT FOR US AMMO STOCKS TARGET COMPLETION DATE 30 OCT
77
SUB-TASK 11.1.7 DESCRIPTION RECEIVE FACILITIES FROM US TARGET
COMPLETION DATE 30 OCT 77
SUB-TASK 11.1.8 DESCRIPTION ASSUME PHYSICAL SECURITY FUNCTION AT MAD
TARGET COMPLETION DATE 30 OCT 77
SUB-TASK 11.1.9 DESCRIPTION COMPLETE TRAINING OF ROKA UNITS TARGET
COMPLETION DATE 1 NOV 77
SUB-TASK 11.1.10 DESCRIPTION ASSUME AMMUNITION MAINTENANCE FUNCTION
AT MAD TARGET COMPLETION DATE 10 NOV 77
SUB-TASK 11.2 DESCRIPTION US TASKS TARGET COMPLETION DATE 10 NOV 77
SUB-TASK 11.2.1 DESCRIPTION COMMENCE JOINT US/ROKA REAL PROPERTY
INVENTORY TARGET COMPLETION DATE 15 AUG 77
SUB-TASK 11.2.2 DESCRIPTION COMPLETE INVENTORY OF REAL PROPERTY TO BE
CONSIDERED US, ROKA OR "JOINT-USE" FACILITIES TARGET COMPLETION DATE 30
OCT 77
SUB-TASK 11.2.3 DESCRIPTION COMPLETE INVENTORY OF AMMO STOCKS TARGET
COMPLETION DATE 30 OCT 77
SUB-TASK 11.2.4 DESCRIPTION TRANSFER CUSTODY OF AMMO STOCKS TO ROKA
TARGET COMPLETION DATE 30 OCT 77
SUB-TASKS 11.2.5 DESCRIPTION TRANSFER FACILITIES TO ROKA TARGET
COMPLETION DATE 30 OCT 77
SUB-TASKS 11.2.6 DESCRIPTION TRANSFER PHYSICAL SECURITY FUNCTION TO
ROKA TARGET COMPLETION DATE 30 OCT 77
SUB-TASK 11.2.7 DESCRIPTION TURNOVER AMMUNITION MAINTENANCE TO ROKA
TARGET COMPLETION DATE 10 NOV 77
KOREA REPUBLIC OF 24 JUL 1975 FLITE DOCUMENT NO. 7900113
AGREEMENT EXECUTED 24 JULY 1975.
AGREEMENT REGARDING IMPLEMENTATION DIRECTIVE, SINGLE AMMUNITION
LOGISTICS SYSTEM.
SUBJECT: IMPLEMENTATION DIRECTIVE, SINGLE AMMUNITION LOGISTICS
SYSTEM KOREA (SALS-K)
TO: SEE DISTRIBUTION
1. REFERENCE SALS-K IMPLEMENTATION PLAN ATTACHED AS INCLOSURE 1.
2. FORWARDED ARE COPIES OF THE REFERENCED PLAN WHICH HAS BEEN
JOINTLY APPROVED BY THE SENIOR MEMBERS OF THE COMBINED AMMUNITION
COORDINATING GROUP (CACG). TO COMPLETE TASKS OUTLINED IN ANNEX E OF THE
PLAN, ADDRESSEES ARE DIRECTED TO ACCOMPLISH THE FOLLOWING:
A. COMMANDER, 19TH SUPPORT BRIGADE:
(1) COORDINATE WITH CDR, ROKA ORDANCE AMMUNITION COMMAND (OAC), ARMY
LOGISTICS COMMAND, AND CDR, I CORPS (ROK/US) GROUP AND AFE, I CORPS IN
COMPLETING TASK NUMBER 7.2 BY TARGET DATE, 1 SEPTEMBER 1975.
(2) PREPARE TO COMPLETE TASK NUMBER 3.2 UPON RECEIPT OF FUTURE
IMPLEMENTATION DIRECTIVE FROM THE CACG.
(3) PROVIDE WEEKLY PROGRESS REPORTS TO THE CACG THROUGH AC OF S, J4,
(ATTN: DJ-AM-S) NOT LATER THAN 1200 HOURS EACH FRIDAY, GIVING THE
STATUS OF TASK COMPLETION AND PROBLEM AREAS ENCOUNTERED.
(4) PROVIDE A COPY OF YOUR SUPPORTING PLAN TO THE CACG THROUGH AC OF
S, J4, (ATTN: DJ-AM-S) WHEN COMPLETED. SUPPORTING PLANS SHOULD REFLECT
YOUR COMMAND'S CONCEPT FOR IMPLEMENTING SALS-K PHASE 1 AND PHASE 2.
B. COMMANDER, ROKA ORDINANCE AMMUNITION COMMAND (OAC), ARMY LOGISTICS
COMMAND:
(1) COORDINATE WITH CDR, 19TH SUPPORT BRIGADE (ACOFS, AMMO), CDR, I
CORPS (ROK/US) GROUP (G4), AND ROKA ENGINEER TO COMPLETE TASK NUMBER 7.1
BY THE 1 SEPTEMBER 1975 TARGET DATE.
(2) PREPARE TO COMPLETE TASK NUMBER 8.1 UPON RECEIPT OF FUTURE
IMPLEMENTATION DIRECTIVE FROM THE CACG.
(3) SUBMIT WEEKLY PROGRESS REPORTS TO THE CACG THROUGH ROKA DCSLOG
(ATTN: CHIEF OF ORDNANCE) NOT LATER THAN 1200 HOURS EACH FRIDAY, GIVING
STATUS OF TASK COMPLETION AND PROBLEM AREAS ENCOUNTERED.
C. COMMANDER, I CORPS (ROK/US) GROUP:
(1) COORDINATE WITH CDR, 19TH SUPPORT BRIGADE AND CDR, 38TH BRIGADE
TO EFFECT TRANSFER OF INSTALLATION COMMAND RESPONSIBILITY FOR TOBONGSAN
AMMO CENTER TO CDR, DSD 2/71ST ADA BN FROM 696TH ORD CO. TARGET DATE FOR
COMPLETION OF THIS ACTION IS 11 AUGUST 1975.
(2) RELOCATE EUSA TENANT UNITS AT TOBONGSAN AMMO CENTER (TBSAC)
CANTONMENT AREA IN ORDER TO VACATE THE AREA EARMARKED FOR TRANSFER TO
ROKA. (SEE APPENDIX 2, ANNEX C, OF THE REFERENCED PLAN.) TARGET
COMPLETION DATE IS 11 AUGUST 1975.
D. AREA FACILITIES ENGINEER (AFE), I CORPS:
(1) COORDINATE WITH THE INSTALLATION COMMANDER FOR TOBONGSAN AMMO
CENTER TO PARTITION THE CANTONMENT AREA IN ACCORDANCE WITH APPENDIX 2,
ANNEX C, OF THE REFERENCED PLAN. TARGET COMPLETION DATE IS 4 AUGUST
1975.
(2) COMPLETE JOB ORDERS AS REQUIRED TO PROVIDE ADEQUATE LIVING
FACILITIES FOR THE EOD DETACHMENT BEING RELOCATED AT TBSAC.
(3) COORDINATE WITH THE EUSA ENGINEER, ROKA ENGINEER, AND CDR, 9TH
SUPPORT BRIGADE TO TRANSFER THE AMMUNITION STORAGE AREAS AND FACILITIES
OF TBSAC AND THE DESIGNATED SECTOR OF THE TBSAC CANTONMENT AREA TO ROKA.
TARGET COMPLETION DATE IS 1 SEPTEMBER 1975.
(4) PREPARE TO TRANSFER ASP 063 AMMO STORAGE AREA AND FACILITIES TO
ROKA UPON RECEIPT OF FUTURE DIRECTIVE.
E. ROKA ENGINEER:
(1) COORDINATE WITH AFE, I CORP (ROK/US) GROUP (UIJONGBU) AND PREPARE
CANTONMENT AREA FOR THE 710TH ORD CO WHICH ASSUMES RESPONSIBILITY FOR
OPERATING ASP 056. THIS WILL INVOLVE MODIFYING EXISTING FACILITIES AND
CONSTRUCTION OF ADDITIONAL FACILITIES WITHIN THE DESIGNATED ROKA SECTOR
OF TBSAC (SEE APPENDIX 2, ANNEX C, OF THE REFERENCED PLAN). TARGET
COMPLETION DATE IS 1 SEPTEMBER 1975.
(2) COORDINATE WITH CDR, 1ST ROK ENGINEER BRIGADE, TROKA, AND CDR,
19TH SUPPORT BRIGADE AND DEVELOP PLANS FOR CONSTRUCTION OF CANTONMENT
AREA AT ASP 063 TO ACCOMMODATE THE 711TH ORD CO WHICH ASSUMES
RESPONSIBILITY FOR OPERATING THE ASP. NOTE: ACTUAL CONSTRUCTION WILL
NOT BE INITIATED UNTIL SPECIFICALLY DIRECTED BY THE CACG. TARGET DATE
FOR COMPLETION OF THE PLAN IS 1 SEPTEMBER 1975.
3. THE INITIAL IN-PROCESS REVIEW MEETING IS TENTATIVELY SCHEDULED TO
BE HELD BY THE CACG 11 AUGUST 1975. EXACT TIME AND LOCATION OF THE
MEETING WILL BE ANNOUNCED AT A LATER DATE.
FOR THE GOVERNMENT OF THE
REPUBLIC OF KOREA
RHEE, BOMB JUNE
MAJOR GENERAL, ROKA
DEPUTY CHIEF OF STAFF
FOR LOGISTICS, ROK ARMY
DISTRIBUTION:
US ELEMENTS
CDR, I CORPS (ROK/US) GROUP, ATTN: EACI-CL, APO 96358
CDR, 19TH SUPPORT BRIGADE, ATTN: EANB-GA, APO 96212
CDR, 38TH AIR DEFENSE ARTILLERY BRIGADE, ATTN: EAAB-EN, APO 96570
CDR, 24TH EOD DETACHMENT, APO 96301
CDR, 2D INFANTRY DIVISION, ATTN: EAID, APO 96224
AREA FACILITIES ENGINEER, I CORPS, APO 96358
HQ, EUSA, ATTN: AJ, BJ, CJ, AGJ, ENJ, JAJ, GCJ, EACP-K-PM, CDR KSC
ROKA ELEMENTS
1 - HQ, ROKA, ATTN: DCSLOG
1 - HQ, ROKA, ATTN: CDSOPS
1 - HQ, ROKA, ATTN: CH, ENGINEER
2 - CDR, TROKA, ATTN: ACOFS, G4
3 - CDR, ROK ARMY LOGISTICS COMMAND (ALC)
1 - CDR, FROKA, ATTN: ACOFS, G4
KOREA, REPUBLIC OF 13 MAY 1978 FLITE DOCUMENT NO. 7900112
MEMORANDUM OF UNDERSTANDING EXECUTED 9 AND 13 MAY 1978.
MEMORANDUM OF UNDERSTANDING REGARDING KOREA AIR DEFENSE SYSTEM
TACTICAL COMMUNICATIONS LOOP. TERMINATES SIX (6) YEARS FROM THE
EFFECTIVE DATE. SUPERSEDES MEMORANDUM OF UNDERSTANDING OF 26 APRIL
1977.
I. PURSUANT TO ARTICLE II THE UNITED STATES OF AMERICA AND THE
REPUBLIC OF KOREA (US-ROK) MUTUAL DEFENSE TREATY AND STATUS OF FORCES
AGREEMENT (SOFA), THE FOLLOWING IS ENTERED INTO BY REPRESENTATIVES OF
THE UNITED STATES AIR FORCE (USAF) AND THE REPUBLIC OF KOREA AIR FORCE
(ROKAF). THIS MEMORANDUM OF UNDERSTANDING (MOU) SUPERSEDES MOU
FB5294-MOUI-2009 DATED 26 APRIL 1977.
II. THE PURPOSE OF THIS AGREEMENT IS FOR THE COMBINED OPERATION,
USAGE, LOGISTICAL SUPPORT, AND OPERATION AND MAINTENANCE (O&M) OF THE
KOREA AIR DEFENSE SYSTEM (KADS) TACTICAL COMMUNICATIONS LOOP EQUIPMENT
LISTED IN
ATTACHMENT ONE TO THIS MOU.
III. A JOINT COORDINATING GROUP (JCG) WILL BE APPOINTED TO
COORDINATE ROKAF AND USAF RESPONSIBILITIES UNDER THE TERMS AND
CONDITIONS OF THIS AGREEMENT. THIS GROUP SHALL CONSISTS OF
REPRESENTATIVES FROM COMMUNICATIONS, SUPPLY, AND LOGISTICS, AS A
MINIMUM. THE DEPUTY CHIEF OF STAFF, COMMUNICATIONS-ELECTRONICS, HQ
ROKAF, AND THE DIRECTOR OF LOGISTICS, 314TH AIR DIVISION ARE APPOINTED
CHAIRMEN OF THIS JCG. THIS GROUP WILL MAINTAIN CLOSE INTERACTION AND
COORDINATION TO INSURE THAT THE SPIRIT AND INTENT OF THIS AGREEMENT ARE
MAINTAINED AND TO RESOLVE PROBLEMS BEYOND THE CAPABILITIES OF THE LOCAL
BASES TO SOLVE. MEETINGS WILL BE ON AN AS REQUIRED BASIS. MEMBERS WILL
BE NOTIFIED BY THE CHAIRMEN AS TO TIME AND PLACE.
IV. THE USAF (2146TH COMMUNICATIONS GROUP, ACTING FOR THE 314TH AIR
DIVISION) WILL, AT ITS SOLE EXPENSE:
1. MAINTAIN OWNERSHIP OF ALL EQUIPMENT LISTED IN ATTACHMENT ONE.
2. PERFORM MAINTENANCE TO INCLUDE INTERMEDIATE LEVEL FOR THOSE
REPARABLE ASSETS INSTALLED ON OSAN AB. THE MAINTENANCE PRIORITY FOR
THESE ASSETS WILL CORRESPOND TO SUPPORTED CIRCUIT PRIORITY.
3. PROVIDE REPARABLE AND EXPENDABLE ASSETS AS REQUIRED FOR THE
LOGISTICAL SUPPORT OF SYSTEM ASSETS INSTALLED ON OSAN AB.
4. ESTABLISH REQUIRED SPECIAL LEVELS/BENCH STOCK SUFFICIENT TO
SUPPORT THE MAINTENANCE OF SYSTEM ASSETS INSTALLED AT LOCATIONS OTHER
THAN OSAN AB BY ROKAF.
5. PROVIDE REPARABLE AND EXPENDABLE REPLACEMENT ASSETS AS REQUIRED
AND REQUESTED BY THE ROKAF FOR INSTALLED EQUIPMENT AT LOCATIONS OTHER
THAN OSAN AB. EXPENDABLE PARTS WILL BE PROVIDED AS REQUIRED AND
REPARABLE (DIFM) ASSETS WILL BE PROVIDED ON A ONE-FOR-ONE BASIS IF
POSSIBLE. IF A PART IS OPERATIONAL BUT IS NOT UP TO T.O.
SPECIFICATIONS, THE ROKAF WILL NOT REMOVE THE DEFECTED ASSET UNTIL
ADVISED THAT A REPLACEMENT ASSET IS AVAILABLE FOR ISSUE. IF THE PART IS
NOT OPERATIONAL, IT WILL BE TURNED IN PRIOR TO A NEW ASSET BEING ISSUED.
IF THERE ARE NO ASSETS AVAILABLE FOR ISSUE, 2146TH COMMUNICATIONS GROUP
WILL REPAIR ASSETS IF CAPABLE WITH MAINTENANCE PRIORITY COMMENSURATE
WITH SUPPORTED CIRCUIT.
6. ACCEPT/ISSUE SUPPLY PARTS ONLY TO/FROM DESIGNATED ROKAF
REPRESENTATIVES.
7. NOTIFY DESIGNATED ROKAF REPRESENTATIVES WHEN REQUIRED PARTS ARE
AVAILABLE FOR PICKUP.
V. THE ROKAF WILL, AS ITS SOLE EXPENSE:
1. MANAGE, OPERATE AND MAINTAIN THE KADS EQUIPMENT AT ALL LOCATIONS
EXCEPT OSAN AIR BASE. THIS INCLUDES ORGANIZATIONAL AND FIELD LEVEL
MAINTENANCE.
2. DESIGNATE A KADS REPRESENTATIVE AT OSAN AIR BASE AS LIAISON
BETWEEN ROKAF, 2146TH COMMUNICATIONS GROUP AND 314TH COMMUNICATIONS
GROUP, CHIEF OF MAINTENANCE (2146CG/LGM). BOTH A PRIMARY AND ALTERNATE
LIAISON REPRESENTATIVE WILL BE DESIGNATED AND UPDATED AS CHANGES ARE
MADE.
3. THE ROKAF SITE PERSONNEL WILL PROVIDE THE UNSERVICEABLE PARTS TO
THE DESIGNATED ROKAF LIAISON REPRESENTATIVE AT OSAN AIR BASE. THE
DESIGNATED ROKAF LIAISON REPRESENTATIVE WILL TAKE THE UNSERVICEABLE
PARTS TO THE 2146TH COMMUNICATIONS GROUP INSIDE PLANT (LGMP, ETX. 5666)
FOR EXCHANGE AND WILL PICK UP THE SERVICEABLE PARTS WHEN THEY ARE
AVAILABLE. HE WILL INSURE THAT THEY ARE DELIVERED TO THE APPLICABLE
SITE. THE DESIGNATED ROKAF LIAISON REPRESENTATIVE OR HIS ALTERNATE AT
OSAN AIR BASE WILL BE THE ONLY PERSON AUTHORIZED TO MAKE THIS EXCHANGE.
4. PROVIDE THE NECESSARY POWER, BUILDINGS/SPACE AND SECURITY FOR THE
KADS EQUIPMENT LISTED IN ATTACHMENT ONE, EXCEPT OSAN AIR BASE.
VI. THE KADS EQUIPMENT LISTED IN ATTACHMENT ONE WILL AT ALL TIMES
REMAIN THE PROPERTY OF THE USAF AND SHALL NOT BE CONSIDERED SET ASIDE OR
RESERVED FOR ANY USE EXCEPT AS PERMITTED HEREUNDER.
VII. CLAIMS ARISING UNDER THE TERMS AND CONDITIONS OF THIS AGREEMENT
WILL BE CONTROLLED BY PERTINENT PROVISIONS OF THE SOFA.
VIII. THIS MOU WILL BE BILINGUAL (KOREAN AND ENGLISH) AND IN THE
EVENT OF CONFLICT BETWEEN THE KOREAN AND ENGLISH VERSION, THE ENGLISH
VERSION WILL GOVERN. OTHER CONFLICTS WILL BE RESOLVED BY OR THROUGH THE
JCG PROVIDED FOR IN III, ABOVE.
IX. REVISION OR MODIFICATION OF THIS MOU MAY BE ACCOMPLISHED BY
MUTUAL CONSENT OF BOTH PARTIES CONCERNED. WRITTEN NOTIFICATION WILL BE
PRESENTED AT LEAST 30 DAYS IN ADVANCE OF REQUESTED CHANGE. THIS MOU
WILL BE REVIEWED BIENNIALLY. THE BIENNIAL REVIEW WILL BEGIN 120 DAYS
PRIOR TO THE ANNIVERSARY DATE OF THIS AGREEMENT. UNLESS MAJOR REVISIONS
ARE MADE, COMPLETED REVIEW MAY BE CERTIFIED BY THE CHAIRMEN OF THE JCG.
X. THIS AGREEMENT SHALL BECOME EFFECTIVE UPON THE DATE THE SIGNATURES
OF THE APPROPRIATE REPRESENTATIVES OF THE ROKAF AND THE USAF HAVE BEEN
AFFIXED HEREUNTO. THIS AGREEMENT WILL TERMINATE SIX YEARS FROM THE
EFFECTIVE DATE. HOWEVER, THIS AGREEMENT MAY BE CANCELLED AT ANY TIME BY
MUTUAL CONSENT OF THE PARTIES AND IT MAY BE CANCELLED BY EITHER PARTY
UPON GIVING AT LEAST 30 DAYS WRITTEN NOTICE TO THE OTHER PARTY.
FOR THE REPUBLIC OF KOREA
AIR FORCE
KIM, JIM HWAN
BRIGADIER GENERAL, ROKAF
DIRECTOR OF COMMUNICATION-ELECTRONICS
HEADQUARTERS, ROKAF
DATE: 13 MAY 1978
LOCATION SEOUL-EAST TYPE OF EQUIPMENT WECO 106B SPEAKER QUANTITY 1
EACH
LOCATION DAESONG SAN TYPE OF EQUIPMENT WECO 106B SPEAKER QUANTITY 1
EACH
LOCATION DAESONG SAN TYPE OF EQUIPMENT WECO 500RRW TELEPHONE QUANTITY
1 EACH
LOCATION DAESONG SAN TYPE OF EQUIPMENT WECO G5RRW HAND SET QUANTITY 1
EACH
LOCATION DAESONG SAN TYPE OF EQUIPMENT WECO 255A KTU QUANTITY 1 EACH
LOCATION DAESONG SAN TYPE OF EQUIPMENT WECO 256A KTU QUANTITY 1 EACH
LOCATION DAESONG SAN TYPE OF EQUIPMENT WECO 245A KTU QUANTITY 1 EACH
LOCATION DAESONG SAN TYPE OF EQUIPMENT CABINET, EQUIPMENT WESCOM
WESCOM MF-1900 MTG BAR QUANTITY 2 EACH
LOCATION KOJIN TYPE OF EQUIPMENT WECO 106B SPEAKER QUANTITY 1 EACH
LOCATION KOJIN TYPE OF EQUIPMENT WECO 500RRW TELEPHONE QUANTITY 1
EACH
LOCATION KOJIN TYPE OF EQUIPMENT WECO G5RRW HAND SET QUANTITY 1 EACH
LOCATION KOJIN TYPE OF EQUIPMENT WECO 255A KTU QUANTITY 1 EACH
LOCATION KOJIN TYPE OF EQUIPMENT WECO 256A KTU QUANTITY 1 EACH
LOCATION KOJIN TYPE OF EQUIPMENT WECO 245A KTU QUANTITY 1 EACH
LOCATION KOJIN TYPE OF EQUIPMENT WESCOM MF-1900 MTG BAR QUANTITY 2
EACH
LOCATION PYORIP-SAN TYPE OF EQUIPMENT WECO 106B SPEAKER QUANTITY 1
EACH
LOCATION PYORIP-SAN TYPE OF EQUIPMENT WECO 500RRW TELEPHONE QUANTITY
1 EACH
LOCATION PYORIP-SAN TYPE OF EQUIPMENT WECO G5RRW HAND SET QUANTITY 1
EACH
LOCATION PYORIP-SAN TYPE OF EQUIPMENT WECO 255A KTU QUANTITY 1 EACH
LOCATION PYORIP-SAN TYPE OF EQUIPMENT WECO 256A KTU QUANTITY 1 EACH
LOCATION PYORIP-SAN TYPE OF EQUIPMENT WECO 245A KTU QUANTITY 1 EACH
LOCATION PYORIP-SAN TYPE OF EQUIPMENT WESCOM MF-1900 MTG BAR QUANTITY
2 EACH
LOCATION P-Y-DO TYPE OF EQUIPMENT ALTEC 7314A 4-WAY CONF BRIDGE
QUANTITY 1 EACH
LOCATION P-Y-DO TYPE OF EQUIPMENT ALTEC 40431A RESIST NETWORK
QUANTITY 1 EACH
LOCATION P-Y-DO TYPE OF EQUIPMENT ALTEC 456B AMPL QUANTITY 4 EACH
LOCATION P-Y-DO TYPE OF EQUIPMENT ALTEC 14477A ATTENUATOR QUANTITY 1
EACH
LOCATION P-Y-DO TYPE OF EQUIPMENT ALTEC 14480A COMB PLUG QUANTITY 2
EACH
LOCATION P-Y-DO TYPE OF EQUIPMENT WECO 106B SPEAKER QUANTITY 1 EACH
LOCATION P-Y-DO TYPE OF EQUIPMENT WECO 500RRW TELEPHONE QUANTITY 1
EACH
LOCATION P-Y-DO TYPE OF EQUIPMENT WECO G5RRW HAND SET QUANTITY 1 EACH
LOCATION P-Y-DO TYPE OF EQUIPMENT WECO 255A KTU QUANTITY 1 EACH
LOCATION P-Y-DO TYPE OF EQUIPMENT RACK ELECTRICAL EQUIPMENT QUANTITY
1 EACH
LOCATION P-Y-DO TYPE OF EQUIPMENT AECO FUSE PANEL H885775-12 QUANTITY
1 EACH
LOCATION P-Y-DO TYPE OF EQUIPMENT WESCOM MF-1900 MTG BAR QUANTITY 2
EACH
LOCATION YONGMUNSAN TYPE OF EQUIPMENT ALTEC 7314A CONF BRIDGE
QUANTITY 1 EACH
LOCATION YONGMUNSAN TYPE OF EQUIPMENT ALTEC 40431A RESIST NETWORK
QUANTITY 1 EACH
LOCATION YONGMUNSAN TYPE OF EQUIPMENT ALTEC 456B AMPL QUANTITY 6 EACH
LOCATION YONGMUNSAN TYPE OF EQUIPMENT ALTEC 14477A ATTENUATOR
QUANTITY 2 EACH
LOCATION YONGMUNSAN TYPE OF EQUIPMENT ALTEC 14480A COMB PLUG QUANTITY
1 EACH
LOCATION YONGMUNSAN TYPE OF EQUIPMENT WECO 106B SPEAKER QUANTITY 2
EACH
LOCATION YONGMUNSAN TYPE OF EQUIPMENT WECO 550RRW TELEPHONE QUANTITY
1 EACH
LOCATION YONGMUNSAN TYPE OF EQUIPMENT WECO G5RRW HAND SET QUANTITY 1
EACH
LOCATION YONGMUNSAN TYPE OF EQUIPMENT WECO 255A KTU QUANTITY 1 EACH
LOCATION YONGMUNSAN TYPE OF EQUIPMENT WECO 16C APPARATUS MTG QUANTITY
1 EACH
LOCATION YONGMUNSAN TYPE OF EQUIPMENT WECO 117A COVER QUANTITY 1 EACH
LOCATION YONGMUNSAN TYPE OF EQUIPMENT AECO FUSE PANEL H885775-12
QUANTITY 1 EACH
LOCATION YONGMUNSAN TYPE OF EQUIPMENT WESCOM MF-1900 MTG BAR QUANTITY
2 EACH
LOCATION KANGNUNG TYPE OF EQUIPMENT ALTEC 7314A 4-WAY CONF BRIDGE
QUANTITY 1 EACH
LOCATION KANGNUNG TYPE OF EQUIPMENT ALTEC 40431A RESIST NETWORK
QUANTITY 1 EACH
LOCATION KANGNUNG TYPE OF EQUIPMENT ALTEC 456B AMPL QUANTITY 7 EACH
LOCATION KANGNUNG TYPE OF EQUIPMENT ALTEC 14477A ATTENUATOR QUANTITY
1 EACH
LOCATION KANGNUNG TYPE OF EQUIPMENT ALTEC 14480A COMB PLUG QUANTITY 1
EACH
LOCATION KANGNUNG TYPE OF EQUIPMENT WECO 106B SPEAKER QUANTITY 3 EACH
LOCATION KANGNUNG TYPE OF EQUIPMENT WECO 500RRW TELEPHONE QUANTITY 1
EACH
LOCATION KANGNUNG TYPE OF EQUIPMENT WECO G5RRW HAND SET QUANTITY 1
EACH
LOCATION KANGNUNG TYPE OF EQUIPMENT WECO 255A KTU QUANTITY 1 EACH
LOCATION KANGNUNG TYPE OF EQUIPMENT RACK ELECTRICAL EQUIPMENT
QUANTITY 1 EACH
LOCATION KANGNUNG TYPE OF EQUIPMENT AECO FUSE PANEL H885775-12
QUANTITY 1 EACH
LOCATION KANGNUNG TYPE OF EQUIPMENT WESCOM 846 POWER PACK QUANTITY 1
EACH
LOCATION KANGNUNG TYPE OF EQUIPMENT WESCOM MF-1900 MTG BAR QUANTITY 2
EACH
LOCATION MANGILSAN TYPE OF EQUIPMENT ALTEC 7313A 6-WAY CONF BRIDGE
QUANTITY 1 EACH
LOCATION MANGILSAN TYPE OF EQUIPMENT ALTEC 14727A RESIST NETWORK
QUANTITY 1 EACH
LOCATION MANGILSAN TYPE OF EQUIPMENT ALTEC 456B AMPL QUANTITY 13 EACH
LOCATION MANGILSAN TYPE OF EQUIPMENT ALTEC 14480A COMB PLUG QUANTITY
1 EACH
LOCATION MANGILSAN TYPE OF EQUIPMENT WECO 106B SPEAKER QUANTITY 2
EACH
LOCATION MANGILSAN TYPE OF EQUIPMENT WECO 500RRW TELEPHONE QUANTITY 2
EACH
LOCATION MANGILSAN TYPE OF EQUIPMENT WECO G5RRW HAND SET QUANTITY 2
EACH
LOCATION MANGILSAN TYPE OF EQUIPMENT WECO 255A KTU QUANTITY 2 EACH
LOCATION MANGILSAN TYPE OF EQUIPMENT WECO 16C APPARATUS MTG QUANTITY
1 EACH
LOCATION MANGILSAN TYPE OF EQUIPMENT WECO 117A COVER QUANTITY 1 EACH
LOCATION MANGILSAN TYPE OF EQUIPMENT AECO FUSE PANEL H885775-12
QUANTITY 1 EACH
LOCATION MANGILSAN TYPE OF EQUIPMENT WESCOM MF-1900 MTG BAR QUANTITY
2 EACH
LOCATION PALGONGSAN TYPE OF EQUIPMENT ALTEC 7314A 4-WAY CONF BRIDGE
QUANTITY 1 EACH
LOCATION PALGONGSAN TYPE OF EQUIPMENT ALTEC 40431A RESIST NETWORK
QUANTITY 1 EACH
LOCATION PALGONGSAN TYPE OF EQUIPMENT ALTEC 456B AMPL QUANTITY 6 EACH
LOCATION PALGONGSAN TYPE OF EQUIPMENT ALTEC 14477A ATTENUATOR
QUANTITY 3 EACH
LOCATION PALGONGSAN TYPE OF EQUIPMENT ALTEC 14480A COMB PLUG QUANTITY
1 EACH
LOCATION PALGONGSAN TYPE OF EQUIPMENT WECO 106B SPEAKER QUANTITY 2
EACH
LOCATION PALGONGSAN TYPE OF EQUIPMENT WECO 500RRW HAND SET QUANTITY 2
EACH
LOCATION PALGONGSAN TYPE OF EQUIPMENT WECO G5RRW TELEPHONE QUANTITY 2
EACH
LOCATION PALGONGSAN TYPE OF EQUIPMENT WECO G5RRW HAND SET QUANTITY 2
EACH
LOCATION PALGONGSAN TYPE OF EQUIPMENT WECO 255A KTU QUANTITY 2 EACH
LOCATION PALGONGSAN TYPE OF EQUIPMENT WECO 16C APPARATUS MTG QUANTITY
1 EACH
LOCATION PALGONGSAN TYPE OF EQUIPMENT WECO 117A COVER QUANTITY 1 EACH
LOCATION PALGONGSAN TYPE OF EQUIPMENT WESCOM MF-1900 MTG BAR QUANTITY
2 EACH
LOCATION PALGONGSAN TYPE OF EQUIPMENT AECO FUSE PANEL H885775-12
QUANTITY 1 EACH
LOCATION OSAN AIR BASE TYPE OF EQUIPMENT ALTEC 7313A 6-WAY CONF.
BRIDGE QUANTITY 2 EACH
LOCATION OSAN AIR BASE TYPE OF EQUIPMENT ALTEC 14727A RESIST NETWORK
QUANTITY 2 EACH
LOCATION OSAN AIR BASE TYPE OF EQUIPMENT ALTEC 456B AMPL QUANTITY 16
EACH
LOCATION OSAN AIR BASE TYPE OF EQUIPMENT ALTEC 14477A ATTENUATOR
QUANTITY 6 EACH
LOCATION OSAN AIR BASE TYPE OF EQUIPMENT ALTEC 14480A COMB PLUG
QUANTITY 2 EACH
LOCATION OSAN AIR BASE TYPE OF EQUIPMENT WECO 106B SPEAKER QUANTITY 4
EACH
LOCATION OSAN AIR BASE TYPE OF EQUIPMENT WECO 500RRW TELEPHONE
QUANTITY 2 EACH
LOCATION OSAN AIR BASE TYPE OF EQUIPMENT WECO G5RRW HAND SET QUANTITY
2 EACH
LOCATION OSAN AIR BASE TYPE OF EQUIPMENT WECO 255A KTU QUANTITY 2
EACH
LOCATION OSAN AIR BASE TYPE OF EQUIPMENT AECO FUSE PANEL H885775-12
QUANTITY 1 EACH
LOCATION OSAN AIR BASE TYPE OF EQUIPMENT WESCOM MF-1900 MTG BAR
QUANTITY 2 EACH
LOCATION KIMPO TYPE OF EQUIPMENT WECO 106B SPEAKER QUANTITY 1 EACH
LOCATION SUWON TYPE OF EQUIPMENT WECO 106B SPEAKER QUANTITY 1 EACH
LOCATION HQ, ROKAF SEOUL TYPE OF EQUIPMENT ALTEC 7314A 4-WAY CONF.
BRIDGE QUANTITY 1 EACH
LOCATION HQ, ROKAF SEOUL TYPE OF EQUIPMENT ALTEC 40431A RESIST
NETWORK QUANTITY 1 EACH
LOCATION HQ, ROKAF SEOUL TYPE OF EQUIPMENT ALTEC 456B AMPLIFIER
QUANTITY 2 EACH
LOCATION HQ, ROKAF SEOUL TYPE OF EQUIPMENT ALTEC 14480A COMB PLUG
QUANTITY 5 EACH
LOCATION HQ, ROKAF SEOUL TYPE OF EQUIPMENT WECO 106B SPEAKER QUANTITY
1 EACH
LOCATION HQ, ROKAF SEOUL TYPE OF EQUIPMENT RACK ELECTRICAL EQUIPMENT
QUANTITY 1 EACH
LOCATION HQ, ROKAF SEOUL TYPE OF EQUIPMENT AECO FUSE PANEL H885775-12
QUANTITY 1 EACH
LOCATION PAPYONGSAN TYPE OF EQUIPMENT ALTEC 7314A 4-WAY CONF. BRIDGE
QUANTITY
LOCATION PAPYONGSAN TYPE OF EQUIPMENT ALTEC 456B AMPL QUANTITY 3 EACH
LOCATION PAPYONGSAN TYPE OF EQUIPMENT ALTEC 14477A ATTENUATOR
QUANTITY 4 EACH
LOCATION PAPYONGSAN TYPE OF EQUIPMENT ALTEC 14480A COMB PLUG QUANTITY
1 EACH
LOCATION PAPYONGSAN TYPE OF EQUIPMENT WECO 106B SPEAKER QUANTITY 1
EACH
LOCATION PAPYONGSAN TYPE OF EQUIPMENT WECO 500RRW TELEPHONE QUANTITY
1 EACH
LOCATION PAPYONGSAN TYPE OF EQUIPMENT WECO G5RRW HAND SET QUANTITY 1
EACH
LOCATION PAPYONGSAN TYPE OF EQUIPMENT WECO 255A KTU QUANTITY 1 EACH
LOCATION PAPYONGSAN TYPE OF EQUIPMENT RACK ELECTRICAL EQUIPMENT
QUANTITY 1 EACH
LOCATION PAPYONGSAN TYPE OF EQUIPMENT AECO FUSE PANEL H885775-12
QUANTITY 1 EACH
LOCATION PAPYONGSAN TYPE OF EQUIPMENT WESCOM MF-1900 MTG BAR QUANTITY
2 EACH
LOCATION PAPYONGSAN TYPE OF EQUIPMENT ALTEC 40431A RESIST NETWORK
QUANTITY 1 EACH
JAPAN 14 APR 1978 FLITE DOCUMENT NO. 7900111
AGREEMENT EXECUTED 7 MARCH 1978 AND 14 APRIL 1978; EFFECTIVE DATE 23
FEBRUARY 1978.
AGREEMENT CONCERNING JOINT USE OF USFJ FACILITIES AND AREAS
THIS AGREEMENT IS MADE AND ENTERED INTO ON THE DATE LAST SIGNED AT
CAMP ZAMA, JAPAN, BY AND BETWEEN THE DULY AUTHORIZED REPRESENTATIVE OF
UNITED STATES FORCES, JAPAN, HEREINAFTER REFERRED TO AS USFJ, AND THE
DIRECTOR, NAHA DEFENSE FACILITIES ADMINISTRATION BUREAU, GOVERNMENT OF
JAPAN (NAHA DFAB, GOJ) OR HIS DULY AUTHORIZED REPRESENTATIVE,
HEREINAFTER REFERRED TO AS THE PETITIONER, AS THE RESPECTIVE SIGNATURES
HERETO APPEAR.
WITNESSETH:
WHEREAS, THE GOJ GRANTED TO THE USFJ THE USE OF CERTAIN FACILITIES
AND AREAS UNDER PROVISIONS OF ARTICLE II OF THE STATUS OF FORCES
AGREEMENT UNDER ARTICLE VI OF THE TREATY OF MUTUAL COOPERATION AND
SECURITY BETWEEN THE UNITED STATES OF AMERICA AND JAPAN, KNOWN AND
DESIGNATED AS:
FACILITY NUMBER NAME OF FACILITY
FAC 6076 ARMY POL DEPOTS
AND WHEREAS, THE GOJ, BY MEMORANDUM FSJG-388-1464-JI/YA, TO THE
FACILITIES SUBCOMMITTEE (FSC), DATED 16 AUGUST 1976, SUBJECT: JOINT USE
OF PORTIONS OF LAND AT ARMY POL DEPOTS, FAC 6076, HAS REQUESTED JOINT
USE OF PORTIONS OF LAND AT SAID FACILITY, AS MODIFIED BY MEMORANDUM
FSJG-424-1577-FU, DATED 7 FEBRUARY 1978, SUBJECT AS ABOVE, AND
WHEREAS, THE USFJ HAS CONCURRED BY MEMORANDUM FSUS-394-1991-K(A), TO
THE FSC, DATED 3 NOVEMBER 1976, SUBJECT AS ABOVE, AS MODIFIED BY
MEMORANDUM FSUS-424-2123-(TA), DATED 14 FEBRUARY 1978, SUBJECT AS ABOVE,
AND
WHEREAS, THE US-JAPAN JOINT COMMITTEE HAS APPROVED THE JOINT USE ON
23 FEBRUARY 1978 BY FSC MEMO NO. 1307, DATED 16 FEBRUARY 1978, SUBJECT
AS ABOVE.
NOW THEREFORE, IN CONSIDERATION OF THE AGREEMENT OF THE PARTIES,
JOINT USE OF APPROXIMATELY 290 SQUARE METERS OF LAND AT SAID USFJ
FACILITY IS HEREBY GRANTED TO THE GOJ FOR SITING DRAINAGE CULVERTS BY
THE MAYOR OF URASOE CITY, AS SHOWN ON EXHIBIT AND MADE A PART HEREOF, AS
HEREINAFTER SET FORTH.
1. THE EXERCISE OF THE PRIVILEGES HEREIN GRANTED SHALL BE WITHOUT
COST OR EXPENSE TO THE UNITED STATES GOVERNMENT (USG), UNDER THE GENERAL
SUPERVISION AND SUBJECT TO THE APPROVAL OF THE COMMANDER, US ARMY
GARRISON, OKINAWA (USAGO) OR HIS DESIGNATED REPRESENTATIVE, HEREINAFTER
REFERRED TO AS THE LOCAL USFJ REPRESENTATIVE, AND SUBJECT ALSO TO SUCH
REGULATIONS AS MAY BE PRESCRIBED BY HIM FROM TIME TO TIME.
2. THE CONSTRUCTION ACTIVITIES SHALL NOT INTERFERE WITH USFJ
OPERATIONS AND SHALL BE ACCOMPLISHED THROUGH CLOSE COORDINATION WITH THE
LOCAL USFJ REPRESENTATIVES CONCERNED.
3. THE CONSTRUCTION PLANS AND SPECIFICATIONS FOR THE DRAINAGE SYSTEM
MUST BE REVIEWED AND APPROVED BY THE FACILITIES ENGINEER, USAGO, PRIOR
TO COMMENCING THE CONSTRUCTION WORK.
4. ALL WORK REQUIRED TO PREPARE THE AREAS FOR JOINT USE, INCLUDING
CONSTRUCTION OF THE DRAINAGE SYSTEM, AND SUBSEQUENT USE AND MAINTENANCE
THEREOF SHALL BE ACCOMPLISHED AT NO EXPENSE TO THE USG.
5. ADEQUATE PRECAUTIONARY MEASURES SHALL BE TAKEN TO PREVENT DAMAGES
TO THE USG-OWNED POL PIPELINES DURING CONSTRUCTION OF THE DRAINAGE
SYSTEM AND SUBSEQUENT USE THEREOF. IF ANY DAMAGE OCCURS TO THE POL
PIPELINES, IT SHALL BE PHYSICALLY REPAIRED BY USFJ PERSONNEL ON A
REIMBURSABLE BASIS. DAMAGES TO PROPERTY OTHER THAN THE POL PIPELINES
SHALL BE EXPEDITIOUSLY REPAIRED BY THE PETITIONER IN A MANNER ACCEPTABLE
TO THE LOCAL USFJ REPRESENTATIVE AT NO EXPENSE TO THE USG.
6. OBSTACLES DISCOVERED IN THE COURSE OF CONSTRUCTION SHALL BE
RELOCATED OR REPLACED AS REQUIRED BY THE LOCAL USFJ REPRESENTATIVE AT
THE PETITIONER'S EXPENSE.
7. MAINTENANCE AND REPAIRS OF THE DRAINAGE SYSTEM WITHIN THE JOINT
USE AREA SHALL BE PERMITTED AFTER PRIOR APPROVAL OF THE LOCAL USFJ
REPRESENTATIVE HAS BEEN OBTAINED.
8. THE PETITIONER SHALL COMPLY WITH ALL GOJ, PREFECTURAL AND LOCAL
ENVIRONMENTAL AND SAFETY REGULATIONS AND LAWS, AND THE USG WILL NOT BE
RESPONSIBLE FOR SAID COMPLIANCE. COMPLIANCE WITH LOCAL USFJ REGULATIONS
BY THE PETITIONER IS ALSO REQUIRED.
9. THE USG SHALL NOT BE RESPONSIBLE FOR ANY INJURIES OR DAMAGE TO
PROPERTY WHICH MAY ARISE FROM OR BE INCIDENT TO THE CONTRACTOR'S
ACTIVITIES. THE GOJ WILL INCLUDE ADEQUATE LIABILITY PROVISIONS IN ANY
CONTRACTS AWARDED INCIDENT TO THE EXERCISE OF THE USES GRANTED TO
PROTECT THIRD PARTIES AGAINST DAMAGES OR INJURIES ARISING FROM SUCH
CONTRACTOR'S OPERATIONS.
10. THIS JOINT USE IS EFFECTIVE 23 FEBRUARY 1978 AND SHALL CONTINUE
IN EFFECT UNTIL TERMINATED:
A. BY USFJ RELEASE OF THE PERTINENT PORTION OF FACILITY TO THE GOJ.
B. BY MUTUAL CONSENT OF BOTH PARTIES.
C. BY USFJ FOR NON-COMPLIANCE BY THE PETITIONER WITH THE TERMS OF THE
JOINT USE AGREEMENT.
D. BY USFJ FOR REASON FOR MILITARY NECESSITY DECLARED BY USFJ.
11. IN CASE OF TERMINATION OF THIS JOINT USE BY EITHER THE USFJ OR
THE PETITIONER PRIOR TO THE DATE OF RELEASE OF THE PREMISES TO THE GOJ,
THE PETITIONER SHALL VACATE THE PREMISES, REMOVE ALL PROPERTY OF THE
PETITIONER THEREFROM AND RESTORE THE PREMISES TO A CONDITION
SATISFACTORY TO THE LOCAL TO THE LOCAL REPRESENTATIVE. IF THE
PETITIONER SHALL FAIL OR NEGLECT TO REMOVE SAID PROPERTY, IT SHALL
REVERT TO THE CONTROL OF USFJ WITHOUT COMPENSATION THEREFOR.
12. THIS AGREEMENT MAY BE REVISED OR AMENDED AS MUTUALLY AGREED AND
WITHIN SCOPE AND INTENT OF THE APPLICABLE JOINT COMMITTEE AGREEMENT.
SUCH AMENDMENT SHALL BE PREPARED AS AN ADDENDUM, SEQUENTIALLY NUMBERED
AND ATTACHED HERETO AND MADE A PART HEREOF.
IN WITNESS WHEREOF, THE PARTIES HAVE HEREUNTO SET THEIR HANDS.
US ARMY JAPAN
S. NOZAKI
SGM FACILITIES DIVISION
ASST AG
USFJ REPRESENTATIVE
DATE 7 MAR 1978
(PICTURE OMITTED)
KOREA, REPUBLIC OF 1 APR 1978 FLITE DOCUMENT NO. 7900110
MEMORANDUM OF UNDERSTANDING EXECUTED 1 APRIL 1978.
MEMORANDUM OF UNDERSTANDING REGARDING SEVERANCE PAY PLAN FOR
NONAPPROPRIATED FUND EMPLOYEES OF UNITED STATES FORCES KOREA.
SUBJECT: SEVERANCE PAY PLAN FOR NONAPPROPRIATED FUND EMPLOYEES OF
UNITED STATES FORCES KOREA
1. FURTHER CONSULTATION ON THE MATTER OF NAF SEVERANCE PAY HAS TAKEN
PLACE AS AGREED TO BY USFK, FOEU, AND ALA IN THE MEMORANDUM OF
UNDERSTANDING WHICH RESOLVED THE 1977 WAGE DISPUTE. THIS CONSULTATION
HAS RESULTED IN USFK AND FOEU AGREEMENT TO ESTABLISH A UNIFORM KOREAN
EMPLOYEES AS PRESCRIBED BY UNC/USFK/EA CPR 690-11 (INCL 1).
2. PROVISIONS OF UNC/USFK/EA CPR 690-11 WILL BECOME EFFECTIVE AS
SPECIFIED BY PARAGRAPH 2 OF THAT REGULATION, UPON ENDORSEMENT OF THIS
MEMORANDUM OF UNDERSTANDING BY THE ADMINISTRATOR OF LABOR AFFAIRS, ROKG,
AND ACCEPTANCE OF THIS MEMORANDUM OF UNDERSTANDING AND ITS INCLOSURE AS
AGREED TO SOFA MINUTES BY THE ROK US SOFA JOINT COMMITTEE.
3. THIS MEMORANDUM OF UNDERSTANDING, LESS ITS INCLOSURE WILL BE
PUBLISHED AS AN APPENDIX TO UNC/USFK/EA CPR 690-11.
FOR THE UNITED STATES
FORCES KOREA:
GEORGE A. BLAKESLEE
CIVILIAN PERSONNEL DIRECTOR
CHAIRMAN, JOINT LABOR AFFAIRS
COMMITTEE
CIVILIAN PERSONNEL REGULATION
NUMBER 690-11 1 APRIL 1978
SUPPLEMENTS TO THIS REGULATION REQUIRE PRIOR APPROVAL OF HQ,
UNC/USFK/EUSA, ATTN: CPJ, UNLESS THE CONTENT OF SUCH SUPPLEMENTS ONLY
SPELLS OUT OPERATING PROCEDURES.
1. PURPOSE. THIS REGULATION PROVIDES POLICIES AND PROCEDURES FOR
THE SEVERANCE PAY PLAN FOR FULL-TIME KOREAN CIVILIAN NONAPPROPRIATED
FUND (NAF) EMPLOYEES OF UNITED STATES FORCES KOREA (USFK) NAF ACTIVITIES
IN ACCORDANCE WITH APPENDIX A OF THIS REGULATION.
2. SCOPE. PROVISIONS OF THIS REGULATION APPLY TO FULL-TIME NAF
KOREAN CIVILIAN EMPLOYEES OF USFK. THEY APPLY AS OF 1 APRIL 1979 FOR US
AIR FORCE (AF) NAF EMPLOYEES AND ARE EFFECTIVE 1 APRIL 1978 FOR OTHER
USFK NAF EMPLOYEES, TO INCLUDE THOSE OF THE KOREA AREA EXCHANGE (KOAX).
3. RESPONSIBILITIES. A. USFK NAF ACTIVITY COMMANDERS/DIRECTORS WILL
IMPLEMENT PROVISIONS OF THIS REGULATION.
B. THE CIVILIAN PERSONNEL DIRECTOR, UNC/USFK/EUSA, WILL PROVIDE FINAL
INTERPRETATION OF PROVISIONS OF THIS REGULATION AND SERVE AS THE
PRINCIPAL POINT OF CONTACT FOR LIAISON WITH REPUBLIC OF KOREA GOVERNMENT
(ROKG) OFFICIALS, EMPLOYEE ORGANIZATIONS, AND OTHERS CONCERNING NAF
SEVERANCE PAY MATTERS.
C. CIVILIAN PERSONNEL OFFICERS WILL DOCUMENT PERSONNEL ACTIONS TO
COMPLY WITH PROVISIONS OF THIS REGULATION, PROVIDE EMPLOYEE COUNSELING
AND STAFF ASSISTANCE TO COMMANDERS/DIRECTORS AS NEEDED TO INTERPRET AND
ADMINISTER PROVISIONS OF THIS REGULATION.
D. EMPLOYEES WILL FAMILIARIZE THEMSELVES WITH CONTENTS OF THIS
REGULATION, AND SIGN A BILINGUAL STATEMENT (APPENDIX B) TO SHOW THAT
THEY UNDERSTAND AND AGREE TO SUCH CONTENTS AS A CONDITION OF EMPLOYMENT.
4. DEFINITIONS. A. TOTAL AVERAGE MONTHLY WAGE. THE MONTHLY AVERAGE
OF 3-MONTHS PAY INCLUDING BASE PAY, PREMIUM PAY, ALLOWANCES, AND
PRORATED BONUSES EARNED DURING THE MOST RECENT 3-MONTH PERIOD FOR WHICH
SEVERANCE PAY IS BEING COMPUTED.
B. NORMAL PAY. THE MONTHLY AVERAGE OF 3 MONTHS OF BASE PAY INCLUDING
PAY FOR EXTENDED, WORKWEEK BUT EXCLUDING OVERTIME, PREMIUM PAY,
ALLOWANCES, AND BONUSES EARNED DURING THE MOST RECENT 3-MONTH PERIOD FOR
WHICH SEVERANCE PAY IS BEING COMPUTED.
C. TWENTY-FOUR MONTH VARIABLE INSTALLMENT ACCOUNT. AN ACCOUNT
COVERING A PERIOD OF 24 MONTHS WITH EIGHT QUARTERLY DEPOSITS OF
UNPREDETERMINED AMOUNTS.
D. TWENTY-FOUR MONTH SPECIAL TERM ACCOUNT. AN ACCOUNT COVERING 24
MONTHS WITH ONE DEPOSIT OF A SPECIFIC AMOUNT AT THE BEGINNING OF THE
24-MONTH TERM.
5. POLICIES. A. UPON CONVERSION TO THIS PLAN, ELIGIBLE EMPLOYEES
ARE TO BE PAID ALL SEVERANCE PAY ACCRUED PRIOR TO SUCH CONVERSION.
B. SEVERANCE PAY IS TO BE PAID QUARTERLY FOLLOWING CONVERSION TO THIS
PLAN BY MEANS OF DEPOSITS TO EMPLOYEES' KOREAN BANK ACCOUNTS.
C. SEVERANCE PAY ACCRUED SUBSEQUENT TO CONVERSION TO THIS PLAN AND
DEPOSITED IN THE BANK MAY BE WITHDRAWN, TRANSFERRED, OR USED AS
COLLATERAL BY EMPLOYEES ONLY UNDER EMERGENCY CONDITIONS REQUIRING LARGE
EXPENDITURES OF FUNDS, AND/OR MATURITY OF 24-MONTH SPECIAL TERM
ACCOUNTS. WITHDRAWAL OR TRANSFER EXCEPT UNDER THESE PROVISIONS SHALL
CONSTITUTE RESIGNATION BY THE EMPLOYEE.
D. THIS SEVERANCE PAY PLAN IS APPLICABLE TO ALL FULL-TIME USFK NAF
EMPLOYEES AND ACTIVITIES, TO INCLUDE FULL-TIME EMPLOYEES OF THE KOAX.
E. EMPLOYEES INVOLUNTARILY SEPARATED THROUGH NO FAULT OF THEIR OWN
WILL RECEIVE AN ADDITIONAL MONTH OF NORMAL PAY IN ADDITION TO SEVERANCE
PAY OTHERWISE AUTHORIZED UNDER TERMS OF THIS REGULATION, PROVIDED 1 FULL
YEAR OF SERVICE HAS BEEN COMPLETED AT THE TIME OF SEPARATION.
F. EMPLOYEES/APPLICANTS MUST SIGN A STATEMENT (APPENDIX B)
ACKNOWLEDGING THAT THEY UNDERSTAND AND AGREE TO THE PROVISIONS OF THIS
REGULATION AS A CONDITION OF EMPLOYMENT OR CONTINUED EMPLOYMENT.
G. EXCEPT FOR THAT SPECIFIED IN SUBPARAGRAPH E, ABOVE, SEVERANCE PAY
SHALL BE COMPUTED BASED ON 1 MONTH OF SEVERANCE PAY FOR EACH FULL YEAR
OF CONTINUOUS FULL-TIME SERVICE AND THE EMPLOYEE'S TOTAL AVERAGE MONTHLY
WAGE WHICH IS BASED ON THE MOST RECENT 3-MONTH PERIOD. PRORATED
COMPUTATIONS SHALL BE AT 1/12 OF A MONTH OF SEVERANCE PAY FOR EACH FULL
MONTH OF SERVICE.
H. SERVICE COMPUTATION DATES FOR SEVERANCE PAY PURPOSES WILL BE
CHANGED QUARTERLY TO THE DATE IMMEDIATELY FOLLOWING THE LAST DAY OF THE
MOST RECENT QUARTER FOR WHICH SEVERANCE PAY HAS BEEN PAID.
I. INTEREST ON EMPLOYEES' KOREAN BANK ACCOUNTS SHALL BE PAID BY BANKS
AT THEIR PREVAILING RATES FOR THOSE TYPES OF ACCOUNTS SPECIFIED BY THIS
REGULATION.
J. SEVERANCE PAY ACCRUED AFTER CONVERSION TO THIS PLAN SHALL
INITIALLY BE DEPOSITED IN EMPLOYEE'S 24-MONTH VARIABLE INSTALLMENT
SAVINGS ACCOUNT AND UPON MATURITY OF THIS ACCOUNT, THE PROCEEDS WILL BE
REDEPOSITED TO 24-MONTH SPECIAL TERM ACCOUNTS. AT MATURITY OF THIS
LATTER ACCOUNT, THE PROCEEDS OF SUCH ACCOUNT MAY BE WITHDRAWN OR
REDEPOSITED AT THE EMPLOYEE'S OPTION. THIS CYCLE IS TO BE REPEATED
CONTINUOUSLY.
K. EMPLOYEES REMOVED FOR CAUSE INVOLVING THEFT OR MISAPPROPRIATION OF
EMPLOYING ACTIVITY ASSETS WILL FORFEIT THAT AMOUNT OF FINAL WAGES,
BONUSES EARNED, LUMP SUM PAYMENT FOR ACCRUED LEAVE, AND UNDEPOSITED
SEVERANCE PAY IF NEEDED TO SATISFY ANY FINANCIAL LIABILITY TO THE
EMPLOYING ACTIVITY.
L. EMPLOYEES MUST COMPLETE 1 YEAR OF FULL-TIME CONTINUOUS SERVICE TO
BE ELIGIBLE FOR SEVERANCE PAY.
6. PROCEDURES. A. ON AND AFTER 1 APRIL 1978, EUSA AND NAVY
EMPLOYEES MAY WITHDRAW BANK DEPOSITED SEVERANCE PAY FOR SERVICE
PERFORMED PRIOR TO 1 JULY 1977. SEVERANCE PAY EARNED PRIOR TO 1 APRIL
1978 BY EUSA AND NAVY EMPLOYEES AND RETAINED BY EMPLOYING ACTIVITIES
WILL BE PAID DIRECT TO EMPLOYEES NLT 31 MAY 1978. SUCH PAYMENT TO EUSA
MORALE SUPPORT FUND EMPLOYEES WILL BE AT THE HIGH LINE RATE SPECIFIED BY
UNC/USFK/EA CPR 690-1. SEVERANCE PAY EARNED BY KOAX EMPLOYEES PRIOR TO
1 APRIL 1978 AND RETAINED BY KOAX WILL BE PAID DIRECT TO EMPLOYEES NLT
31 MAY 1978. UPON COMPLETION OF THE CURRENT AF SEVERANCE PAY BANK
DEPOSIT CYCLE IN NOVEMBER 1978, EMPLOYEES OF AF NAF ACTIVITIES MAY
WITHDRAW BANK DEPOSITED SEVERANCE PAY. SEVERANCE PAY ACCRUED BY AF
EMPLOYEES FOR SERVICE SUBSEQUENT TO COMPLETION OF THE CURRENT BANK
DEPOSIT CYCLE, AND PRIOR TO 1 APRIL 1979, WILL BE PAID DIRECT TO
EMPLOYEES NLT 31 MAY 1979, PRORATED AS PROVIDED FOR BY PARAGRAPH 5G,
ABOVE.
B. SEVERANCE PAY EARNED FOR ARMY, NAVY, AND KOAX EMPLOYEES FOR
SERVICE SUBSEQUENT TO 31 MARCH 1978, AND THAT EARNED BY AF EMPLOYEES
SUBSEQUENT TO 31 MARCH 1979, WILL BE PAID QUARTERLY TO ELIGIBLE
EMPLOYEES BY DEPOSIT TO THEIR 24-MONTH VARIABLE INSTALLMENT BANK
ACCOUNTS. SUCH PAY WILL BE COMPUTED BASED ON GUIDANCE PROVIDED BY
PARAGRAPH 5G, ABOVE, AND WILL BE FORWARDED BY EMPLOYING ACTIVITIES TO
REACH BANKS PRIOR TO THE END OF THE SECOND MONTH FOLLOWING CLOSE OF THE
QUARTER. LETTERS OF TRANSMITTAL WILL ACCOMPANY REMITTANCES LISTING
EMPLOYEES BY NAME, DESIGNATED BANK, KOREAN IDENTIFICATION NUMBER,
EMPLOYING ACTIVITY, THE AMOUNT OF SEVERANCE PAY FORWARDED FOR EACH
EMPLOYEE, AND EACH EMPLOYEE'S BANK ACCOUNT NUMBER IF AN ACCOUNT HAS BEEN
ESTABLISHED AT THAT TIME.
C. UPON RECEIPT OF DIRECT PAYMENTS OF SEVERANCE PAY MENTIONED IN
PARAGRAPH 6A, ABOVE, EMPLOYEES WILL BE REQUIRED TO SIGN A STATEMENT
(APPENDIX B) INDICATING THAT THEY UNDERSTAND AND AGREE TO TERMS OF THIS
REGULATION AS A CONDITION OF CONTINUED EMPLOYMENT. EMPLOYEES WILL ALSO
DESIGNATE THEIR BANK OF CHOICE FROM ONE OF THOSE LISTED AT APPENDIX C
AND APPROVED BY THE EMPLOYING ACTIVITY TO SERVE AS A DEPOSITORY FOR
THEIR SEVERANCE PAY WHEN COMPLETING THIS STATEMENT. THE STATEMENT WILL
BE PREPARED AND SIGNED IN THREE COPIES, ONE EACH FOR THE EMPLOYEE, THE
EMPLOYING ACTIVITY, AND THE PERSONNEL FOLDER. APPLICANTS TENTATIVELY
SELECTED FOR APPOINTMENT WILL BE REQUIRED TO COMPLETE AND SIGN THE
STATEMENT PRIOR TO APPOINTMENT. REFUSAL TO DO SO WILL INDICATE AN
UNWILLINGNESS TO CONFORM TO CONDITIONS OF EMPLOYMENT AND JUSTIFIES
NONSELECTION. IF A CURRENT EMPLOYEE REFUSES TO SIGN THE STATEMENT, THE
REQUESTING OFFICIAL WILL ANNOTATE ALL COPIES OF THE STATEMENT
ACCORDINGLY SHOWING THE DATE OF REFUSAL, AND PREPARE A REQUEST FOR
PERSONNEL ACTION IN TRIPLICATE SHOWING THE NATURE OF ACTION AS
SEPARATION - FAILURE TO ACCEPT EMPLOYMENT CONDITIONS. A COPY WILL BE
GIVEN TO THE EMPLOYEE TO SERVE AS A 30-DAY ADVANCE NOTICE OF SEPARATION,
AND THE EMPLOYEE WILL BE ASKED TO ACKNOWLEDGE RECEIPT OF THE COPY. THE
ORIGINAL COPY WILL BE FORWARDED TO THE CIVILIAN PERSONNEL OFFICER FOR
USE IN PREPARING THE NOTICE OF PERSONNEL ACTION TO EFFECT THE SEPARATION
TO BE EFFECTIVE 30 CALENDAR DAYS FOLLOWING THE DATE OF EMPLOYEE'S
RECEIPT OF ADVANCE NOTICE. THE REMAINING COPY MAY BE RETAINED BY THE
EMPLOYING ACTIVITY. A REVIEW OF PERSONNEL FOLDERS WILL BE MADE ANNUALLY
TO INSURE THAT THE STATEMENT PRESCRIBED BY APPENDIX B IS ON FILE.
D. EMPLOYING ACTIVITIES SHOULD ENTER INTO AGREEMENTS WITH APPROPRIATE
BANKS LISTED AT APPENDIX C TO SERVE AS DEPOSITORIES FOR THEIR EMPLOYEE'S
SEVERANCE PAY. CONSIDERATION WILL BE GIVEN TO THE GEOGRAPHICAL
DISPERSAL OF THE WORKFORCE IN DETERMING WHICH BANK(S) ARE APPROPRIATE
FOR A SPECIFIC EMPLOYING ACTIVITY. A STANDARDIZED AGREEMENT DESIGNED TO
COMPLY WITH TERMS OF THIS REGULATION AND WHICH EACH BANK HAS INDICATED
AS BEING ACCEPTABLE IS AT APPENDIX D.
E. ONE MONTH OF SEVERANCE PAY FOR EMPLOYEES WHO COMPLETE 1 CONTINUOUS
YEAR OF FULL-TIME SERVICE SUBSEQUENT TO CONVERSION TO THIS PLAN WILL BE
PAID AS OF THE END OF THE QUARTER IN WHICH THE YEAR OF SERVICE IS
COMPLETED, AND DEPOSITED INTO EMPLOYEES' 24-MONTH VARIABLE INSTALLMENT
ACCOUNTS NLT THE END OF THE SECOND MONTH FOLLOWING CLOSE OF THAT
QUARTER. PAYMENT WILL BE PRORATED FOR EACH FULL MONTH OF SERVICE WITH
NO CREDIT GIVEN FOR PERIODS OF LESS THAN 1 MONTH. THE SERVICE
COMPUTATION DATE FOR SEVERANCE PAY PURPOSES WILL THEN BECOME THE DAY
IMMEDIATELY FOLLOWING THE END OF THE QUARTER FOR WHICH SEVERANCE PAY IS
PAID.
F. SEVERANCE PAY ACCRUED SUBSEQUENT TO CONVERSION TO THIS PLAN AND
DEPOSITED IN BANKS OR RETAINED BY THE EMPLOYING ACTIVITY MAY BE
WITHDRAWN, TRANSFERRED, OR USED AS COLLATERAL ONLY UNDER CONDITIONS
SPECIFIED ELSEWHERE IN THIS REGULATION. WITHDRAWAL, TRANSFER, OR USE AS
COLLATERAL UNDER OTHER CONDITIONS WILL CONSTITUTE THE EMPLOYEE'S
RESIGNATION, AND THE EMPLOYING ACTIVITY WILL TAKE ACTION TO SEPARATE THE
EMPLOYEE ON THE BASIS OF SAID RESIGNATION UPON BEING NOTIFIED BY THE
BANK OR LEARNING OF THE UNAUTHORIZED USE OF THE SEVERANCE PAY MONIES.
APPROVAL TO WITHDRAW, TRANSFER, OR USE AS COLLATERAL IN CASE OF AN
EMERGENCY REQUIRING A LARGE EXPENDITURE MUST BE REQUESTED IN WRITING BY
THE EMPLOYEE AND APPROVED IN WRITING BY THE CIVILIAN PERSONNEL OFFICER
OF THE EMPLOYING ACTIVITY PRIOR TO ANY SUCH TRANSACTION. DETERMINATION
AS TO WHAT CONSTITUTES A GENUINE EMERGENCY WILL BE MADE BY EMPLOYING
ACTIVITIES.
THE PROPONENT AGENCY OF THIS REGULATION IS THE OFFICE OF THE CIVILIAN
PERSONNEL DIRECTOR. USERS ARE INVITED TO SENT COMMENTS AND SUGGESTED
IMPROVEMENTS ON DA FORM 2028 (RECOMMENDED CHANGES TO PUBLICATIONS AND
BLANK FORMS) TO THE CINC, UNC/USFK/EUSA, ATTN: CPJ-PM, APO 96301.
FOR THE COMMANDER IN CHIEF:
OFFICIAL:
BEN OWENS, JR.
CPT, USA
OFFICIAL:
ASST AG
4 APPENDIXES
A. MEMORANDUM OF UNDERSTANDING
B. SEVERANCE PAY STATEMENT
C LIST OF BANKS
D. MEMORANDUM OF UNDERSTANDING
DISTRIBUTION:
R
200 - HQ, 51ST COMBAT SPT GP (PACAF), APO 96570
50 - SEOUL ACPO, APO 96301
30 - TAEGU ACPO, APO 96218
20 - PUSAN ACPO, APO 96259
20 - ASCOM ACPO, APO 96483
20 - I CORPS ACPO, APO 96358
30 - CAMP CASEY ACPO, APO 96224
20 - CAMP PAGE ACPO, APO 96208
25 - CAMP HUMPHREYS ACPO, APO 96271
20 - CPO, KOAX, APO 96301
2 - HQDA, DAPE-CPR, WASH DC 20310
2 - USA CINCPAC SPT GP, FT SHAFTER HI 96858
100 - CPJ-PM
5 - AJ-PMB-P
6 - AGJ-AP
100 - PPCK
UNC/USFK/EA CPR 690-11
APPENDIX A
SUBJECT: SEVERANCE PAY PLAN FOR NONAPPROPRIATED FUND EMPLOYEES OF
UNITED STATES FORCES KOREA
1. FURTHER CONSULTATION ON THE MATTER OF NAF SEVERANCE PAY HAS TAKEN
PLACE AS AGREED TO BY USFK, FOEU, AND ALA IN THE MEMORANDUM OF
UNDERSTANDING WHICH RESOLVED THE 1977 WAGE DISPUTE. THIS CONSULTATION
HAS RESULTED IN USFK AND FOEU AGREEMENT TO ESTABLISH A UNIFORM
KOREA-WIDE SEVERANCE PAY PLAN FOR USFK NONAPPROPRIATED FUND KOREAN
EMPLOYEES AS PRESCRIBED BY UNC/USFK/EA CPR 690-11 (INCL 1).
2. PROVISIONS OF UNC/USFK/EA CPR 690-11 WILL BECOME EFFECTIVE AS
SPECIFIED BY PARAGRAPH 2 OF THAT REGULATION, UPON ENDORSEMENT OF THIS
MEMORANDUM OF UNDERSTANDING BY THE ADMINISTRATOR OF LABOR AFFAIRS, ROKG,
AND ACCEPTANCE OF THIS MEMORANDUM OF UNDERSTANDING AND ITS INCLOSURE AS
AGREED TO SOFA MINUTES BY THE ROK US SOFA JOINT COMMITTEE.
3. THIS MEMORANDUM OF UNDERSTANDING, LESS ITS INCLOSURE WILL BE
PUBLISHED AS AN APPENDIX TO UNC/USFK/EA CPR 690-11.
FOR THE UNITED STATES
FORCES KOREA:
GEORGE A. BLAKESLEE
CIVILIAN PERSONNEL DIRECTOR
CHAIRMAN, JOINT LABOR AFFAIRS
COMMITTEE
APPENDIX B
I, THE UNDERSIGNED, UNDERSTAND AND AGREE:
1. TO TERMS AND CONDITIONS OF UNC/USFK/EA CPR 690-11 AND ANY
SUPPLEMENTING DIRECTIVES AS CONDITIONS OF EMPLOYMENT OR CONTINUED
EMPLOYMENT WITH (NAME OF EMPLOYING ACTIVITY), A NONAPPROPRIATED FUND
ACTIVITY OF THE UNITED STATES FORCES KOREA. PARAGRAPHS 2, 3 AND 4 OF
THIS STATEMENT APPLY TO EMPLOYEES ON THE ROLLS AT THE TIME UNC/USFK/EA
CPR 690-11 BECOMES EFFECTIVE. OTHER PROVISIONS OF THIS STATEMENT
APPLIES TO ALL EMPLOYEES.
2. THAT, AS A CONDITION OF MY CONTINUED EMPLOYMENT WITH (NAME OF
EMPLOYING ACTIVITY), THE SEVERANCE PAY PLAN AS IDENTIFIED IN UNC/USFK/EA
CPR 690-2, SECTION 6, AND SUPPLEMENTING DIRECTIVES WILL BE CANCELLED AS
OF (DATE) AND THAT BEGINNING (DATE), I WILL BE UNDER A DIFFERENT
SEVERANCE PAY PLAN AS EXPLAINED BELOW.
3. THAT, IN CONNECTION WITH THE CHANGE OF THE SEVERANCE PAY PLAN,
THE SEVERANCE PAY DUE ME AS OF (DATE) HAS BEEN COMPUTED AND PAID IN FULL
ACCORDING TO THE PROCEDURES IN UNC/USFK/EA CPR 690-2, SECTION 6, AND
SUPPLEMENTING DIRECTIVES.
4. THAT I HAVE NO FURTHER CLAIM FOR SEVERANCE PAY FOR THE SERVICE
PRIOR TO (DATE).
5. THAT SEVERANCE PAY PAID TO ME QUARTERLY UNDER TERMS OF
UNC/USFK/EA CPR 690-11 AND SUPPLEMENTING DIRECTIVES CONSTITUTE MY SOLE
SEVERANCE ENTITLEMENT FOR SERVICE RENDERED TO MY EMPLOYER NAMED ABOVE.
I WILL NOT SUBMIT ANY CLAIM FOR ADDITIONAL SEVERANCE PAY,
PERMIT/AUTHORIZE ANY INDIVIDUAL, ORGANIZATION, OR FIRM TO DO SO IN MY
BEHALF.
6. THAT, EFFECTIVE (DATE), SEVERANCE PAY IS TO BE PAID TO ME
QUARTERLY BY DEPOSIT TO MY INDIVIDUAL ACCOUNT WITH THE (NAME OF BANK AND
LOCATION) UNDER TERMS SPECIFIED BY UNC/USFK/EA CPR 690-11 AND ANY
SUPPLEMENTING DIRECTIVES.
7. THAT BANK DEPOSITED SEVERANCE PAY MAY BE WITHDRAWN, USED AS
COLLATERAL, OR TRANSFERRED ONLY UNDER TERMS OF UNC/USFK/EA CPR 690-11
AND ANY SUPPLEMENTING DIRECTIVES, AND THAT WITHDRAWAL OR TRANSFER ON MY
PART EXCEPT UNDER SUCH TERMS WILL CONSTITUTE MY RESIGNATION FROM
EMPLOYMENT WITH MY EMPLOYER NAMED ABOVE.
APPENDIX B
8. THAT MY SERVICE COMPUTATION DATE FOR SEVERANCE PAY PURPOSES WILL
BE ADJUSTED AND VERIFIED QUARTERLY TO COINCIDE WITH THE QUARTERLY
SEVERANCE PAYMENT CYCLE AND WILL BE FIXED AS THE DAY IMMEDIATELY
FOLLOWING THE MOST RECENT CYCLE. THAT FOR SEVERANCE PAY PURPOSES ONLY,
I WILL BE SEPARATED FROM EMPLOYMENT WITH MY EMPLOYER NAMED ABOVE ON THE
LAST DAY OF EACH QUARTERLY SEVERANCE PAY CYCLE AND BE REEMPLOYED THE
FOLLOWING DAY WITHOUT A BREAK IN SERVICE, AND THIS SEPARATION WILL NOT
CHANGE OTHER CONDITIONS OF MY EMPLOYMENT. THE FOREGOING QUARTERLY
SEPARATION/REEMPLOYMENT ACTIONS WILL BE AN INTERNAL ADMINISTRATIVE
PROCEDURES AND WILL NOT NECESSITATE THE ISSUING OF PERSONNEL ACTION
DOCUMENTS.
EMPLOYING ORGANIZATION
TYPED OR PRINTED NAME KN ID NUMBER
SIGNATURE OF EMPLOYEE DATE
SIGNATURE, TITLE, AND GRADE OF WITNESS DATE
UNC/USFK/EA CPR 690-11
APPENDIX C
1. CITIZENS NATIONAL BANK
9-1, NAMDAEMOON-RO, 2-KA
CHUNG-KU, SEOUL
2. BANK OF SEOUL AND TRUST COMPANY
10-1, NAMDAEMOON-RO, 2-KA
CHUNG-KU, SEOUL
3. KOREA HOUSING BANK
61-1, TAEPYONG-RO, 2-KA
CHUNG-KU, SEOUL
4. PYONGTAEK BRANCH OFFICE
THE KYONG-GI BANK
632-1, BICHON-RI, PYONGTAEK-UP
PYONGTAEK-KUN, KYONGGI-DO
5. COMMERCIAL BANK
111-1, NAMDAEMOON, 2-KA
CHUNG-KU, SEOUL
6. TONGDUCHON BRANCH OFFICE
THE KYONG-GI BANK
5-REE, SENGYON-REE, TONGDUCHON-UP
YANGCHU-KUN, KYONGGI-DO
APPENDIX D
1. THIS MEMORANDUM OF UNDERSTANDING CONSTITUTES AN AGREEMENT BETWEEN
. . ., A UNITED STATES FORCES KOREA (USFK) NONAPPROPRIATED FUND NAF)
ACTIVITY, HEREAFTER KNOWN AS THE EMPLOYING ACTIVITY, AND THE . . . BANK,
HEREAFTER KNOWN AS THE BANK CONCERNING THE DEPOSIT OF SEVERANCE PAY FOR
KOREAN EMPLOYEES OF THE EMPLOYING ACTIVITY.
2. THE EMPLOYING ACTIVITY WILL TRANSFER FUNDS FOR SEVERANCE PAY FOR
ITS EMPLOYEES WHO DESIGNATED THE BANK TO SERVE AS DEPOSITORY FOR THEIR
SEVERANCE PAY ON QUARTERLY BASIS. TRANSFERS OF FUNDS WILL BE
ACCOMPLISHED PRIOR TO THE BEGINNING OF THE THIRD MONTH FOLLOWING THE
CLOSE OF THE QUARTER OF SERVICE FOR WHICH FUNDS ARE TRANSFERRED. EACH
TRANSFER WILL INCLUDE A LETTER OF TRANSMITTAL LISTING EMPLOYEES FOR WHOM
FUNDS ARE BEING TRANSFERRED BY NAME, KOREAN IDENTIFICATION NUMBER,
AMOUNT OF SEVERANCE PAY, AND EMPLOYING ACTIVITY. ARRANGEMENTS FOR
DELIVERY OF BANK BOOKS TO EMPLOYEES BY THE BANK WILL BE MADE BY THE
EMPLOYING ACTIVITY UPON REQUEST OF THE BANK.
3. THE BANK WILL PROVIDE THE FOLLOWING SERVICES:
A. ACCEPT TRANSFERRED FUNDS.
B. DEPOSIT TRANSFERRED FUNDS TO EMPLOYEE'S INDIVIDUAL 24-MONTH
VARIABLE INSTALLMENT ACCOUNT AS OF THE 1ST DAY OF THE 1ST MONTH
FOLLOWING RECEIPT OF SUCH FUNDS.
C. UPON MATURITY OF 24-MONTH VARIABLE INSTALLMENT ACCOUNTS, REDEPOSIT
THE PROCEEDS (PRINCIPAL AND ACCRUED INTEREST) INTO INDIVIDUAL 24-MONTH
SPECIAL TERM ACCOUNTS.
D. UPON MATURITY OF 24-MONTH SPECIAL TERM ACCOUNTS, PAY THE PROCEEDS
(PRINCIPAL AND INTEREST) TO EMPLOYEE OR REDEPOSIT SUCH FUNDS AS
REQUESTED BY INDIVIDUAL EMPLOYEES.
E. UPON COMPLETION OF THE CYCLE PROVIDED FOR BY SUBPARAGRAPHS A
THROUGH D, ABOVE, REPEAT THE CYCLE UNLESS ADVISED BY THE EMPLOYING
ACTIVITY TO DO OTHERWISE.
F. NOTIFY THE EMPLOYING ACTIVITY IN WRITING NOT LATER THAN 5 WORK
DAYS FOLLOWING WITHDRAWAL, TRANSFER, OR USE OF DEPOSITED SEVERANCE PAY
AS COLLATERAL, UNLESS SUCH ACTION IS IN ACCORD WITH SUBPARAGRAPH D,
ABOVE, OR IS AUTHORIZED IN WRITING, IN ADVANCE BY THE EMPLOYING
ACTIVITY.
G. PAY PREVAILING RATES OF INTEREST ON INDIVIDUAL 24-MONTH VARIABLE
INSTALLMENT, AND 24-MONTH SPECIAL TERM ACCOUNTS.
H. PROVIDE ALL DOCUMENTATION NEEDED TO ADMINISTER INDIVIDUAL 24-MONTH
VARIABLE AND 24-MONTH SPECIAL TERM ACCOUNTS, INCLUDING BANK BOOKS, AND
UPDATE SAME UPON REQUEST BY EMPLOYEES.
I. UPON REQUEST OF THE EMPLOYING ACTIVITY, PROVIDE INFORMATION ON
WHETHER FUNDS FROM INDIVIDUAL ACCOUNTS HAVE BEEN WITHDRAWN, TRANSFERRED,
OR USED AS COLLATERAL.
4. EMPLOYEE COMPLAINTS REGARDING DEPOSITED SEVERANCE PAY OR INTEREST
SHALL BE REFERRED TO THE BANK FOR REPLY. A WRITTEN REPORT STATING HOW
THE COMPLAINT WAS RESOLVED WILL BE PROVIDED TO THE EMPLOYING ACTIVITY BY
THE BANK WITHIN 30 DAYS FOLLOWING RECEIPT OF THE COMPLAINT BY THE BANK.
5. ADMINISTRATION OF EMPLOYEE ACCOUNTS WILL BE IN ACCORDANCE WITH
ROKG BANKING LAWS RULES AND REGULATIONS. ANY DISPUTE CONCERNING THIS
MEMORANDUM OF UNDERSTANDING WHICH CANNOT BE MUTUALLY RESOLVED BY THE
BANK AND THE EMPLOYING ACTIVITY MAY BE REFERRED TO THE CIVILIAN
PERSONNEL DIRECTOR, UNC/USFK/EUSA, FOR POSSIBLE RESOLUTION, OR FURTHER
REFERRAL TO THE USFK JOINT LABOR AFFAIRS COMMITTEE FOR CONSIDERATION.
6. THIS AGREEMENT IS EFFECTIVE WHEN SIGNED BY REPRESENTATIVES OF THE
EMPLOYING ACTIVITY AND THE BANK. THE INITIAL TRANSFER OF FUNDS WILL BE
FOR THE QUARTER ENDING. . ., WHICH WILL BE DELIVERED TO THE BANK NOT
LATER THAN . . .. THE AGREEMENT WILL REMAIN IN EFFECT UNTIL THE INITIAL
DEPOSIT CYCLE SPECIFIED BY SUBPARAGRAPHS 3A THROUGH 3D, ABOVE, IS
COMPLETED, AND IS AUTOMATICALLY RENEWED FOR THE NEXT SUCH CYCLE UNLESS
THE EMPLOYING ACTIVITY OR THE BANK NOTIFIES THE OTHER THAT RENEWAL IS
UNACCEPTABLE AT LEAST 60 DAYS PRIOR TO COMPLETION OF A CYCLE. THE
AGREEMENT IS ALSO SUBJECT TO CANCELLATION BY MUTUAL AGREEMENT, OR UPON
REQUEST OF EITHER THE EMPLOYING ACTIVITY OR THE BANK PROVIDING THE OTHER
IS PROVIDED A MINIMUM OF 60 DAYS ADVANCE WRITTEN NOTICE.
7. IF THIS AGREEMENT IS CANCELLED, THE BANK WILL TRANSFER ALL FUNDS
DEPOSITED IN THE BANK UNDER TERMS OF THIS AGREEMENT TO PERSONS,
CORPORATIONS OR FIRMS DESIGNATED BY THE CIVILIAN PERSONNEL DIRECTOR,
UNC/USFK/EUSA.
FOR THE EMPLOYING ACTIVITY:
SIGNATURE AND TITLE OF REPRESENTATIVE
DATE SIGNED
/1/ THIS REGULATION SUPERSEDES SECTION 6, UNC/USFK/EA CPR 690-2, 2
APR 74, AND KOAX BULLETIN 362 (15-28), 29 MAR 77, EFFECTIVE 1 APR 78.
IT ALSO SUPERSEDES 314AD REG 40-8, 5 NOV 76, EFFECTIVE 1 APR 79.
ZAIRE 4 AUG 1978 FLITE DOCUMENT NO. 7900109
IMPLEMENTING AGREEMENT EXECUTED 4 AUGUST 1978.
IMPLEMENTING AGREEMENT FOR CONSOLIDATION AND RESCHEDULING OF CERTAIN
DEBTS MATURING IN 1975-1976.
THIS AGREEMENT, MADE AND ENTERED INTO AS OF THE 4TH DAY OF AUGUST
1978, BY AND BETWEEN THE REPUBLIC OF ZAIRE (ZAIRE) AND THE UNITED STATES
DEPARTMENT OF DEFENSE (DOD) REPRESENTED BY THE DIRECTOR, DEFENSE
SECURITY ASSISTANCE AGENCY;
WHEREAS, ON JUNE 17, 1977, REPRESENTATIVES OF ZAIRE AND OF THE UNITED
STATES OF AMERICA SIGNED AN "AGREEMENT BETWEEN THE UNITED STATES OF
AMERICA AND THE REPUBLIC OF ZAIRE REGARDING THE CONSOLIDATION AND
RESCHEDULING OF CERTAIN DEBTS OWED TO, GUARANTEED OR INSURED BY THE
UNITED STATES GOVERNMENT OF ITS AGENCIES" (THE "BILATERAL AGREEMENT")
SETTING FORTH THE TERMS OF PROVIDING DEBT RELIEF EQUIVALENT TO 85% OF
THE INSTALLMENTS OR PRINCIPAL AND CERTAIN INSTALLMENTS OF INTEREST
FALLING DUE IN 1975 AND 1976 IN RESPECT TO CERTAIN LOANS TO ZAIRE, AND
FURTHER, THAT THE REMAINING 15% OF SUCH INSTALLMENTS BE PAID ONE-HALF ON
JULY 1, 1977 AND ONE-HALF ON JULY 1, 1978; AND
WHEREAS, THE BILATERAL AGREEMENT REQUIRES ZAIRE AND DOD TO ENTER INTO
AN IMPLEMENTING AGREEMENT SETTING FORTH THE TERMS AND CONDITIONS OF, AND
THE PROCEDURES TO BE FOLLOWED IN THE RESCHEDULING OF INSTALLMENTS OF
PRINCIPAL AND INTEREST IN ACCORDANCE WITH THE PROVISIONS OF THE
BILATERAL AGREEMENT;
NOW, THEREFORE, IN CONSIDERATION OF THE PREMISES AND THE RESPECTIVE
OBLIGATIONS AND COVENANTS HEREINAFTER SET FORTH, THE PARTIES HERETO
AGREE AS FOLLOWS:
EXCEPT WHERE OTHERWISE INDICATED BY THE CONTEXT, THE FOLLOWING TERMS
WHEREVER USED IN THIS AGREEMENT SHALL HAVE THE MEANING SET FORTH BELOW:
A. "CONSOLIDATION PERIOD," SHALL MEAN THE PERIOD FROM JANUARY 1, 1975
TO DECEMBER 31, 1976, INCLUSIVE;
B. "DIRECT CREDITS," SHALL MEAN THOSE DIRECT LOANS AND GUARANTIES
SPECIFIED IN ANNEX A OF THE BILATERAL AGREEMENT CONSISTING OF CREDITS
EXTENDED BY DOD AND BANK LOANS WHICH WERE FORMERLY GUARANTEED BY DOD
AND, AFTER DEFAULT BY ZAIRE, WERE PAID IN FULL BY THE DOD UNDER THE
TERMS OF THE GUARANTY AGREEMENTS, AND ARE NOW PAYABLE BY ZAIRE TO THE
DOD.
C. "CONSOLIDATED DEBT," MEANS EIGHTY-FIVE PERCENT (85%) OF THE SUM OF
DOLLAR PRINCIPAL AND INTEREST PAYMENTS DUE FROM JANUARY 1, 1975 THROUGH
JUNE 30, 1976 AND REMAINING UNSETTLED ON JUNE 16, 1976, AND EIGHTY-FIVE
(85%) OF THE SUM OF DOLLAR PRINCIPAL PAYMENTS DUE FROM JULY 1, 1976
THROUGH DECEMBER 31, 1976, AS DETERMINED IN EACH CASE IN ACCORDANCE WITH
THE RESPECTIVE TERMS OF EACH OF THE AGREEMENTS ESTABLISHING THE DIRECT
CREDITS.
D. "NON-CONSOLIDATED DEBT," MEANS FIFTEEN PERCENT (15%) OF THE SUM OF
DOLLAR PRINCIPAL AND INTEREST PAYMENTS DUE FROM JANUARY 1, 1975 THROUGH
JUNE 30, 1976 AND REMAINING UNSETTLED ON JUNE 16, 1976, AND FIFTEEN
PERCENT (15%) OF THE SUM OF DOLLAR PRINCIPAL PAYMENTS DUE FROM JULY 1,
1976, THROUGH DECEMBER 31, 1976, AS DETERMINED IN EACH CASE IN
ACCORDANCE WITH THE RESPECTIVE TERMS OF EACH OF THE AGREEMENTS
ESTABLISHING THE DIRECT CREDITS
A. 1975 CONSOLIDATED DEBT. ZAIRE AGREES THAT 1975 CONSOLIDATED DEBT
AMOUNTING TO $1,131,900.00 RELATING TO INSTALLMENTS OF PRINCIPAL AND
INTEREST DUE FROM JANUARY 1, 1975 THROUGH DECEMBER 31, 1975, REMAINING
UNPAID ON JUNE 16, 1976, SHALL BE REPAID IN FOURTEEN EQUAL SUCCESSIVE
SEMIANNUAL INSTALLMENTS ON JANUARY 1, AND JULY 1 OF EACH YEAR,
COMMENCING ON JANUARY 1, 1978, WITH THE FINAL INSTALLMENT PAYABLE ON
JULY 1, 1984. EACH OF THE FOURTEEN SUCH INSTALLMENTS SHALL BE IN THE
AMOUNT OF $80,850.00
B. 1976 CONSOLIDATED DEBT. ZAIRE AGREES THAT THE 1976 CONSOLIDATED
DEBT AMOUNTING TO $4,190,317.75 RELATING TO INSTALLMENTS OF PRINCIPAL
AND INTEREST DUE FROM JANUARY 1, 1976 THROUGH JUNE 30, 1976 AND
REMAINING UNPAID THROUGH DECEMBER 31, 1976, SHALL BE REPAID IN FOURTEEN
APPROXIMATELY EQUAL SUCCESSIVE SEMIANNUAL INSTALLMENTS ON JANUARY 1, AND
JULY 1 OF EACH YEAR, COMMENCING ON JANUARY 1, 1979, WITH THE FINAL
INSTALLMENT PAYABLE ON JULY 1, 1985. EACH OF THE FIRST THIRTEEN SUCH
INSTALLMENTS SHALL BE IN THE AMOUNT OF $299,308.41 AND THE LAST SHALL BE
IN THE AMOUNT OF $299,308.42.
C. 1975 NON-CONSOLIDATED DEBT. ZAIRE AGREES THAT THE 1975
NON-CONSOLIDATED DEBT AMOUNTING TO $199,747.06 RELATING TO INSTALLMENTS
OF PRINCIPAL AND INTEREST, DUE FROM JANUARY 1, 1975 THROUGH DECEMBER 31,
1975, AND REMAINING UNPAID ON JUNE 16, 1976, SHALL BE REPAID IN TWO
EQUAL ANNUAL INSTALLMENTS ON $99,873.53 PAYABLE ON JULY 1, 1977 AND JULY
1, 1978.
D. 1976 NON-CONSOLIDATED DEBT. ZAIRE AGREES THAT THE 1976
NON-CONSOLIDATED DEBT AMOUNTING TO $739,467.84 RELATING TO INSTALLMENTS
OF PRINCIPAL AND INTEREST DUE FROM JANUARY 1, 1976 THROUGH JUNE 30, 1976
AND REMAINING UNPAID ON JUNE 16, 1976 AND INSTALLMENTS OF PRINCIPAL DUE
FROM JULY 1, 1976 THROUGH DECEMBER 31, 1976, SHALL BE REPAID IN TWO
EQUAL ANNUAL INSTALLMENTS OF $369,733.92 PAYABLE ON JULY 1, 1977 AND
JULY 1, 1978.
E. INTEREST. ZAIRE AGREES TO PAY INTEREST ON THE OUTSTANDING
BALANCES OF THE CONSOLIDATED DEBT AND THE NON-CONSOLIDATED DEBT FROM
TIME TO TIME AT THE RATE OF 8.375% PER ANNUM COMPUTED ON THE BASIS OF
THE ACTUAL NUMBER OF DAYS USING A 365-DAY FACTOR. INTEREST SHALL BEGIN
TO ACCRUE ON THE RESPECTIVE DUE DATES FOR EACH PAYMENT OF PRINCIPAL OR
INTEREST WHICH IS PART OF THE CONSOLIDATED DEBT OR THE NON-CONSOLIDATED
DEBT AS SUCH DUE DATES ARE SPECIFIED IN EACH OF THE RESPECTIVE
AGREEMENTS ESTABLISHING THE DIRECT CREDITS. INTEREST SHALL BE PAYABLE
SEMIANNUALLY ON JANUARY 1 AND JULY 1 OF EACH YEAR COMMENCING ON JULY 1,
1977. IN CASE OF FAILURE OF THE BORROWER TO MAKE PAYMENT WHEN DUE AND
AS DUE, OF ANY INSTALLMENT OR INSTALLMENTS OF PRINCIPAL OR OF OVERDUE
INTEREST, OR OVERDUE PRINCIPAL AND INTEREST, AS THE CASE MAY BE, PLUS
INTEREST THEREON AT THE RATE SPECIFIED IN THE NOTE, FROM THE DUE DATE TO
THE DATE OF PAYMENT. IN THE EVENT THAT THE AMOUNT OF AN INSTALLMENT
PAYMENT MADE BY THE BORROWER IS INSUFFICIENT TO SATISFY THE AGGREGATE
AMOUNT OF PRINCIPAL AND INTEREST THEN DUE, THE INSTALLMENT PAYMENT
AMOUNT SHALL FIRST BE APPLIED TO SATISFY THE INTEREST DUE, AND THE
REMAINING PORTION OF THE INSTALLMENT PAYMENT IF ANY, SHALL BE APPLIED TO
SATISFY THE PRINCIPAL AMOUNT OF SUCH INSTALLMENT.
F. TABLE. A TABLE SUMMARIZING THE AMOUNTS OF THE CONSOLIDATED DEBT
AND NON-CONSOLIDATED DEBT OWED TO THE DOD IS ATTACHED HERETO AS ANNEX A.
G. PROMISSORY NOTES. TO EVIDENCE FURTHER THE OBLIGATION OF ZAIRE TO
PAY THE FOREGOING AMOUNTS, ZAIRE SHALL ISSUE AND DELIVER TO DOD ON
SIGNATURE OF THIS IMPLEMENTING AGREEMENT FOUR NOTES (THE NOTE(S)) AS
FOLLOWS:
NOTE NO. 1 TO EVIDENCE THE OBLIGATION OF ZAIRE WITH RESPECT TO 1975
CONSOLIDATED DEBT IN THE PRINCIPAL AMOUNT OF $1,131,900.00.
NOTE NO. 2 TO EVIDENCE THE OBLIGATION OF ZAIRE WITH RESPECT TO 1976
CONSOLIDATED DEBT IN THE PRINCIPAL AMOUNT OF $4,190,317.75.
NOTE NO. 3 TO EVIDENCE THE OBLIGATION OF ZAIRE WITH RESPECT TO 1975
NON-CONSOLIDATED DEBT IN THE PRINCIPAL AMOUNT OF $199,747.06.
NOTE NO. 4 TO EVIDENCE THE OBLIGATION OF ZAIRE WITH RESPECT TO 1976
NON-CONSOLIDATED DEBT IN THE PRINCIPAL AMOUNT OF $739,467.84.
EACH NOTE SHALL BE IN THE ENGLISH LANGUAGE, SHALL BE PAYABLE TO THE
ORDER OF THE TREASURER OF THE UNITED STATES IN LAWFUL MONEY OF THE
UNITED STATES OF AMERICA AT THE DEFENSE SECURITY ASSISTANCE AGENCY,
SHALL BE DATED AS OF ITS DATE OF ISSUE, AND THE TEXT THEREOF SHALL BE IN
THE FORM OF EXHIBITS 1 TO 4 ATTACHED HERETO.
H. PREPAYMENT. ZAIRE SHALL HAVE THE RIGHT TO PREPAY AT ANY TIME AND
FROM TIME TO TIME WITHOUT PENALTY OR PREMIUM, ALL OR ANY PART OF THE
PRINCIPAL OF THE NOTES BY PAYMENT OF THE PRINCIPAL AMOUNT SO PREPAID
WITH INTEREST TO THE DATE OF PREPAYMENT. EACH SUCH PREPAYMENT SHALL BE
APPLIED TO THE LARGEST MATURING PRINCIPAL INSTALLMENTS OF THE NOTES.
ZAIRE REPRESENTS AND WARRANTS THAT:
(1) IT HAS TAKEN ALL ACTION NECESSARY AND APPROPRIATE UNDER ITS
CONSTITUTION AND LAWS TO AUTHORIZE IT TO INCUR THE INDEBTEDNESS HEREIN
CONTEMPLATED, AND TO EXECUTE THIS AGREEMENT AND THE NOTES;
(2) THIS AGREEMENT HAS BEEN VALIDLY SIGNED AND ENTERED INTO BY ZAIRE
AND IS BINDING UPON IT IN ACCORDANCE WITH ITS TERMS; AND
(3) THE NOTES HAVE BEEN VALIDLY EXECUTED BY ZAIRE AND, WHEN DELIVERED
PURSUANT HERETO, WILL CONSTITUTE THE VALID AND BINDING OBLIGATIONS OF
ZAIRE IN ACCORDANCE WITH THEIR TERMS FOR THE PAYMENT AND PERFORMANCE OF
WHICH THE FULL FAITH AND CREDIT OF ZAIRE IS PLEDGED.
THIS RESCHEDULING SHALL NOT BE EFFECTIVE UNTIL DOD SHALL HAVE BEEN
FURNISHED THE FOLLOWING, SATISFACTORY TO IT IN FORM AND SUBSTANCE:
A THE NOTES;
B. AN OPINION OR OPINIONS OF COUNSEL FOR ZAIRE DEMONSTRATING TO THE
SATISFACTION OF THE GENERAL COUNSEL OF DOD THAT THE REPRESENTATIONS AND
WARRANTIES OF ZAIRE IN ARTICLE III HEREOF ARE TRUE;
C. EVIDENCE OF AUTHORITY OF:
(1) THE PERSON OR PERSONS WHO SIGNED THIS AGREEMENT ON BEHALF OF
ZAIRE;
(2) THE PERSON OR PERSONS WHO SIGNED THE NOTES ON BEHALF OF ZAIRE;
AND
(3) THE PERSON OR PERSONS WHO WILL ACT AS THE REPRESENTATIVE OR
REPRESENTATIVES OF ZAIRE IN
CONNECTION WITH THE OPERATION OF THE RESCHEDULING; TOGETHER WITH THE
AUTHENTICATED SPECIMEN SIGNATURE, IN DUPLICATE, OF EACH SUCH PERSON.
IF ZAIRE SHALL FAIL TO PAY ANY AMOUNT DUE UNDER THIS AGREEMENT OR ANY
NOTE, OR IF ANY REPRESENTATION OR WARRANTY OF ZAIRE HEREIN PROVES TO BE
UNTRUE IN ANY MATERIAL RESPECT, THE DOD, BY WRITTEN NOTICE TO ZAIRE, MAY
MAKE IMMEDIATELY DUE AND PAYABLE THE ENTIRE PRINCIPAL INDEBTEDNESS THEN
OUTSTANDING UNDER THIS AGREEMENT AND THE NOTES AND ACCRUED INTEREST
THEREON TO DATE OF PAYMENT.
PROVIDED THAT SUCH ASSIGNMENT SHALL NOT BE EFFECTIVE UNTIL THE
CONDITIONS PRECEDENT TO THE EFFECTIVENESS OF THE RESCHEDULING HAVE BEEN
MET TO THE SATISFACTION OF DOD, DOD ASSIGNS TO ZAIRE, WITHOUT RECOURSE
ON DOD, ALL OF ITS RIGHT, TITLE, AND INTEREST IN THE INSTALLMENTS OF
PRINCIPAL AND INTEREST COMPRISING THE CONSOLIDATED DEBT AND THE
NON-CONSOLIDATED DEBT UNDER THE DIRECT CREDITS, TOGETHER WITH ANY
INTEREST OR CLAIM WHICH DOD MAY HAVE WITH RESPECT TO LOCAL CURRENCY
DEPOSITS WHICH THE OBLIGORS UNDER THE DIRECT CREDITS MAY HAVE MADE WITH
THE BANQUE DU ZAIRE WITH RESPECT TO SUCH INSTALLMENTS, PROVIDED FURTHER,
HOWEVER, THAT SUCH ASSIGNMENT SHALL NOT EXTEND TO ANY SECURITY WHICH MAY
EXIST IN FAVOR OF DOD.
A. TAXES. ALL SUMS PAYABLE HEREUNDER SHALL BE PAYABLE WITHOUT
DEDUCTION FOR ANY PRESENT OR FUTURE TAXES, DUTIES, FEES OR OTHER CHARGES
LEVIED OR IMPOSED BY ZAIRE OR ANY POLITICAL OR TAXING SUBDIVISION
THEREOF.
B. FURTHER EXCHANGE OF PROMISSORY NOTES. UPON THE REQUEST OF DOD
MADE FROM TIME TO TIME, ZAIRE SHALL ISSUE AND DELIVER TO DOD, IN
EXCHANGE FOR ANY NOTE PREVIOUSLY ISSUED HEREUNDER, ITS NEW NOTE OR NOTES
IN SUCH DENOMINATIONS AS DOD MAY SPECIFY, DATED THE DATE TO WHICH
INTEREST SHALL HAVE BEEN PAID ON THE NOTE OR NOTES SURRENDERED, AND IN
AN AGGREGATE PRINCIPAL AMOUNT EQUAL TO THE UNPAID PRINCIPAL ON THE NOTE
OR NOTES SURRENDERED. EACH SUCH NEW NOTE SHALL CONFORM TO THE
REQUIREMENTS OF THIS AGREEMENT AND SHALL BE SUBSTANTIALLY IN THE FORM IN
EXHIBITS 1 THROUGH 4 OF THIS AGREEMENT, EXCEPT FOR SUCH MODIFICATIONS AS
DOD MAY SPECIFY TO GIVE EFFECT TO THE PROVISIONS OF THIS AGREEMENT.
C. LANGUAGE. ALL NOTICES, COMMUNICATIONS, REPORTS, OPINIONS AND
OTHER DOCUMENTS GIVEN UNDER THIS AGREEMENT, IF NOT IN THE ENGLISH
LANGUAGE, SHALL BE ACCOMPANIED BY AN ACCURATE ENGLISH TRANSLATION.
D. WAIVER. NO FAILURE OR DELAY ON THE PART OF DOD TO EXERCISE ANY
RIGHT, POWER OR PRIVILEGE UNDER THIS AGREEMENT OR THE NOTES SHALL
OPERATE AS A WAIVER THEREOF.
E EXPENSES. ALL STATEMENTS, REPORTS, CERTIFICATES, OPINIONS AND
OTHER DOCUMENTS OR INFORMATION FURNISHED DOD UNDER THIS AGREEMENT SHALL
BE SUPPLIED BY ZAIRE WITHOUT COST TO DOD. ZAIRE SHALL REIMBURSE DOD, ON
DEMAND, FOR ALL OUT-OF-POCKET EXPENSES (INCLUDING LEGAL FEES) INCURRED
BY DOD IN CONNECTION WITH THE PREPARATION, ESTABLISHMENT, OPERATION, AND
ENFORCEMENT OF THIS AGREEMENT OR NOTES.
F. ADJUSTMENTS. THERE MAY BE DISCREPANCIES BETWEEN THE ACCOUNTS OF
DOD, ZAIRE AND THE VARIOUS ZAIRIAN OBLIGORS RESPECTING THE INDEBTEDNESS
BEING RESCHEDULED PURSUANT TO THIS AGREEMENT. ACCORDINGLY, EITHER PARTY
UPON DISCOVERING ANY SUCH DISCREPANCY WILL NOTIFY THE OTHER AND THE
NECESSARY ADJUSTMENTS WILL BE MADE BY MUTUAL AGREEMENT OF THE PARTIES
HERETO.
G. WAIVER OF SOVEREIGN IMMUNITY. TO THE EXTENT THAT ZAIRE HAS OR
HEREAFTER MAY ACQUIRE IMMUNITY FROM SUIT, JUDGMENT AND/OR EXECUTION ON
THE GROUNDS OF SOVEREIGNTY, ZAIRE WAIVES SUCH RIGHT OF SOVEREIGN
IMMUNITY WITH RESPECT TO ITS OBLIGATIONS UNDER THIS AGREEMENT AND THE
NOTES.
H. GOVERNING LAW. THIS AGREEMENT AND EACH NOTE ISSUED PURSUANT TO
THIS AGREEMENT SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH,
THE LAWS OF THE DISTRICT OF COLUMBIA, UNITED STATES OF AMERICA.
I. NOTICES. ALL NOTICES AND OTHER COMMUNICATIONS HEREUNDER SHALL BE
GIVEN IN WRITING AND SHALL BE ADDRESSED TO THE APPROPRIATE PARTY AT THE
ADDRESS SET FORTH BELOW, OR AT SUCH OTHER PLACE AS SUCH PARTY MAY
DESIGNATE IN WRITING:
BANQUE DU ZAIRE
B. P. 2697
BOULEVARD COLONEL TSHIATSHI AU NORD
KINSHASA, REPUBLIC OF ZAIRE
DEFENSE SECURITY ASSISTANCE AGENCY
THE PENTAGON, ROOM 4E837
WASHINGTON, D.C. 20301 USA
J. EXECUTION. THIS AGREEMENT MAY BE EXECUTED IN ANY NUMBER OF
COUNTERPARTS, EACH OF WHICH WHEN FULLY EXECUTED, SHALL BE CONSIDERED AN
ORIGINAL.
IN WITNESS WHEREOF, THE PARTIES HERETO HAVE CAUSED THIS AGREEMENT TO
BE DULY EXECUTED IN WASHINGTON, DISTRICT OF COLUMBIA, UNITED STATES OF
AMERICA, AS OF THE DAY AND YEAR FIRST ABOVE WRITTEN.
US $1,131,900.00, WASHINGTON, D.C. 4 AUGUST 1978
FOR VALUE RECEIVED, THE REPUBLIC OF ZAIRE (ZAIRE) BY THIS PROMISSORY
NOTE PROMISES TO PAY TO THE ORDER OF THE TREASURER OF THE UNITED STATES
OF AMERICA, AT THE FOLLOWING ADDRESS: DEFENSE SECURITY ASSISTANCE
AGENCY, THE PENTAGON, ROOM 4E837, WASHINGTON, D.C. 20301, THE PRINCIPAL
SUM OF $1,131,900.00 IN LAWFUL CURRENCY OF THE UNITED STATES OF AMERICA,
IN INSTALLMENTS AS PROVIDED BELOW, AND TO PAY INTEREST IN LIKE CURRENCY
ON THE UNPAID BALANCE THEREOF FROM TIME TO TIME, AT THE RATE OF 8-3/8%
(8.375) PER ANNUM.
THE PRINCIPAL OF THIS NOTE IS PAYABLE IN FOURTEEN EQUAL INSTALLMENTS
IN THE AMOUNT OF $80,850.00. THE FIRST INSTALLMENT SHALL BE DUE AND
PAYABLE ON JANUARY 1, 1978, AND THE REMAINING INSTALLMENTS SHALL BE DUE
AND PAYABLE SUCCESSIVELY SEMIANNUALLY THEREAFTER ON JULY 1 AND JANUARY 1
OF EACH YEAR.
INTEREST ON THIS NOTE IS PAYABLE ON JANUARY 1 AND JULY 1 OF EACH YEAR
COMMENCING ON JULY 1, 1977. INTEREST SHALL BE COMPUTED ON THE BASIS OF
THE ACTUAL NUMBER OF DAYS ELAPSED USING A 365-DAY YEAR.
THIS NOTE IS ISSUED PURSUANT TO THE TERMS OF THE IMPLEMENTING
AGREEMENT, DATED 4 AUGUST, 1978, BETWEEN ZAIRE AND THE UNITED STATES
DEPARTMENT OF DEFENSE AND IS SUBJECT TO THE TERMS AND IS ENTITLED TO THE
BENEFITS THEREOF. IT MAY BE PREPAID AND PAYMENT MAY BE ACCELERATED AS
PROVIDED IN SAID AGREEMENT.
WHENEVER ANY PAYMENT UNDER THIS NOTE SHALL BE DUE ON A SATURDAY,
SUNDAY, OR PUBLIC HOLIDAY UNDER THE LAWS OF THE UNITED STATES OF
AMERICA, SUCH PAYMENT MAY BE MADE ON THE NEXT SUCCEEDING BUSINESS DAY,
AND SUCH EXTENSION OF TIME SHALL, IN SUCH CASE, BE INCLUDED IN COMPUTING
INTEREST IN CONNECTION WITH SUCH PAYMENT, BUT EXCLUDED FROM THE NEXT
INTEREST PERIOD, IF ANY. IN CASE OF FAILURE OF THE BORROWER TO MAKE
PAYMENT WHEN AND AS DUE, OF ANY INSTALLMENT OR INSTALLMENTS OF PRINCIPAL
AND INTEREST UNDER THIS NOTE, THE AMOUNT PAYABLE SHALL BE THE AMOUNT OF
THE OVERDUE INSTALLMENT OR INSTALLMENTS OR PRINCIPAL AND INTEREST, PLUS
INTEREST THEREON AT THE RATE SPECIFIED HEREIN, FROM THE DUE DATE TO THE
DATE OF THE PAYMENT.
THE TOTAL AMOUNT OF PRINCIPAL DUE HEREUNDER SHALL BE REPAID, WITH
RIGHT OF PREPAYMENT ON ANY INTEREST PAYMENT DATE, IN ACCORDANCE WITH THE
PRINCIPAL REPAYMENT SCHEDULE WHICH IS ATTACHED. PREPAYMENTS SHALL BE
ACCOMPANIED BY PAYMENT OF INTEREST ON THE AMOUNT PREPAID TO THE DATE OF
PREPAYMENT AND SHALL BE APPLIED TO THE INSTALLMENTS HEREOF IN THE
REVERSE ORDER OF THEIR MATURITY. ALL PAYMENTS OF PRINCIPAL AND INTEREST
ON THIS NOTE ARE PAYABLE IN IMMEDIATELY AVAILABLE FUNDS, FREE AND CLEAR
OF, AND WITHOUT DEDUCTION FOR, ANY TAXES, LEVIES, IMPOSTS, DEDUCTIONS,
AND WITHHOLDINGS WHATSOEVER NOW OR HEREAFTER IMPOSED, LEVIED, COLLECTED
OR ASSESSED WITH RESPECT THERETO BY ANY CENTRAL OR LOCAL AUTHORITY OF
THE BORROWER AND SHALL BE PAID FREE FROM ALL RESTRICTIONS OF ANY CENTRAL
OR LOCAL AUTHORITY OF THE BORROWER.
UPON THE OCCURRENCE OF ANY EVENT OF DEFAULT SPECIFIED IN THE SAID
IMPLEMENTING AGREEMENT, THE ENTIRE UNPAID PRINCIPAL HEREOF AND INTEREST
THEREON TO THE DATE OF PAYMENT MAY BE DECLARED TO BE FORTHWITH DUE AND
PAYABLE.
THE FIRST $80,850.00 PAYMENT IS DUE ON 1 JANUARY 1978
THE NEXT $80,850.00 PAYMENT IS DUE ON 1 JULY 1978
THE NEXT $80,850.00 PAYMENT IS DUE ON 1 JANUARY 1979
THE NEXT $80,850.00 PAYMENT IS DUE ON 1 JULY 1979
THE NEXT $80,850.00 PAYMENT IS DUE ON 1 JANUARY 1980
THE NEXT $80,850.00 PAYMENT IS DUE ON 1 JULY 1980
THE NEXT $80,850.00 PAYMENT IS DUE ON 1 JANUARY 1981
THE NEXT $80,850.00 PAYMENT IS DUE ON 1 JUL; 1981
THE NEXT $80,850.00 PAYMENT IS DUE ON 1 JANUARY 1982
THE NEXT $80,850.00 PAYMENT IS DUE ON 1 JULY 1982
THE NEXT $80,850.00 PAYMENT IS DUE ON 1 JANUARY 1983
THE NEXT $80,850.00 PAYMENT IS DUE ON 1 JULY 1983
THE NEXT $80,850.00 PAYMENT IS DUE ON 1 JANUARY 1984
THE LAST $80,850.00 PAYMENT IS DUE ON 1 JULY 1984
$1,131,900.00
US $4,190,317.75, WASHINGTON, D.C. 4 AUGUST 1978
FOR VALUE RECEIVED, THE REPUBLIC OF ZAIRE (ZAIRE) BY THIS PROMISSORY
NOTE PROMISES TO PAY TO THE ORDER OF THE TREASURER OF THE UNITED STATES
OF AMERICA, AT THE FOLLOWING ADDRESS: DEFENSE SECURITY ASSISTANCE
AGENCY, THE PENTAGON, ROOM 4E837, WASHINGTON, D.C. 20301, THE PRINCIPAL
SUM OF $4,190,317.75 IN LAWFUL CURRENCY OF THE UNITED STATES OF AMERICA,
IN INSTALLMENTS AS PROVIDED BELOW, AND TO PAY INTEREST IN LIKE CURRENCY
ON THE UNPAID BALANCE THEREOF FROM TIME TO TIME, AT THE RATE OF 8 3/8%
(8.375) PER ANNUM.
THE PRINCIPAL OF THIS NOTE IS PAYABLE IN FOURTEEN INSTALLMENTS, THE
FIRST THIRTEEN OF WHICH SHALL EACH BE IN THE AMOUNT OF $299,308.41 AND
THE LAST OF WHICH SHALL BE DUE AND PAYABLE ON JANUARY 1, 1979, AND THE
REMAINING INSTALLMENTS SHALL BE DUE AND PAYABLE SUCCESSIVELY
SEMIANNUALLY THEREAFTER ON JULY 1 AND JANUARY 1 OF EACH YEAR.
INTEREST ON THIS NOTE IS PAYABLE ON JANUARY 1 AND JULY 1 OF EACH YEAR
COMMENCING ON JULY 1, 1977. INTEREST SHALL BE COMPUTED ON THE BASIS OF
THE ACTUAL NUMBER OF DAYS ELAPSED USING A 365-DAY YEAR.
THIS NOTE IS ISSUED PURSUANT TO THE TERMS OF THE IMPLEMENTING
AGREEMENT, DATED 4 AUGUST, 1978, BETWEEN ZAIRE AND THE UNITED STATES
DEPARTMENT OF DEFENSE AND IS SUBJECT TO THE TERMS AND IS ENTITLED TO THE
BENEFITS THEREOF. IT MAY BE PREPAID AND PAYMENT MAY BE ACCELERATED AS
PROVIDED IN SAID AGREEMENT.
WHENEVER ANY PAYMENT UNDER THIS NOTE SHALL BE DUE ON A SATURDAY,
SUNDAY, OR PUBLIC HOLIDAY UNDER THE LAWS OF THE UNITED STATES OF
AMERICA, SUCH PAYMENT MAY BE MADE ON THE NEXT SUCCEEDING BUSINESS DAY,
AND SUCH EXTENSION OF TIME SHALL, IN SUCH CASE, BE INCLUDED IN COMPUTING
INTEREST IN CONNECTION WITH SUCH PAYMENT, BUT EXCLUDED FROM THE NEXT
INTEREST PERIOD, IF ANY. IN CASE OF FAILURE OF THE BORROWER TO MAKE
PAYMENT WHEN AND AS DUE, OF ANY INSTALLMENT OR INSTALLMENTS OF PRINCIPAL
AND INTEREST UNDER THIS NOTE, THE AMOUNT PAYABLE SHALL BE THE AMOUNT OF
THE OVERDUE INSTALLMENT OR INSTALLMENTS OF PRINCIPAL AND INTEREST, PLUS
INTEREST THEREON AT THE RATE SPECIFIED HEREIN, FROM THE DUE DATE TO THE
DATE OF THE PAYMENT.
THE TOTAL AMOUNT OF PRINCIPAL DUE HEREUNDER SHALL BE REPAID, WITH
RIGHT OF PREPAYMENT ON ANY INTEREST PAYMENT DATE, IN ACCORDANCE WITH THE
PRINCIPAL REPAYMENT SCHEDULE WHICH IS ATTACHED. PREPAYMENTS SHALL BE
ACCOMPANIED BY PAYMENT OF INTEREST ON THE AMOUNT PREPAID TO THE DATE OF
PREPAYMENT AND SHALL BE APPLIED TO THE INSTALLMENTS HEREOF IN THE
REVERSE ORDER OF THEIR MATURITY. ALL PAYMENTS OF PRINCIPAL AND INTEREST
ON THIS NOTE ARE PAYABLE IN IMMEDIATELY AVAILABLE FUNDS, FREE AND CLEAR
OF, AND WITHOUT DEDUCTION FOR, ANY TAXES, LEVIES, IMPOSTS, DEDUCTIONS,
AND WITHHOLDINGS WHATSOEVER NOW OR HEREAFTER IMPOSED, LEVIED, COLLECTED
OR ASSESSED WITH RESPECT THERETO BY ANY CENTRAL OR LOCAL AUTHORITY OF
THE BORROWER AND SHALL BE PAID FREE FROM ALL RESTRICTIONS OF ANY CENTRAL
OR LOCAL AUTHORITY OF THE BORROWER.
UPON THE OCCURRENCE OF ANY EVENT OF DEFAULT SPECIFIED IN THE SAID
IMPLEMENTING AGREEMENT, THE ENTIRE UNPAID PRINCIPAL HEREOF AND INTEREST
THEREON TO THE DATE OF PAYMENT MAY BE DECLARED TO BE FORTHWITH DUE AND
PAYABLE.
THE FIRST $299,308.41 PAYMENT IS DUE ON 1 JANUARY 1979
THE NEXT $299,308.41 PAYMENT IS DUE ON 1 JULY 1979
THE NEXT $299,308.41 PAYMENT IS DUE ON 1 JANUARY 1980
THE NEXT $299,308.41 PAYMENT IS DUE ON 1 JULY 1980
THE NEXT $299,308.41 PAYMENT IS DUE ON 1 JANUARY 1981
THE NEXT $299,308.41 PAYMENT IS DUE ON 1 JULY 1981
THE NEXT $299,308.41 PAYMENT IS DUE ON 1 JANUARY 1982
THE NEXT $299,308.41 PAYMENT IS DUE ON 1 JULY 1982
THE NEXT $299,308.41 PAYMENT IS DUE ON 1 JANUARY 1983
THE NEXT $299,308.41 PAYMENT IS DUE ON 1 JULY 1983
THE NEXT $299,308.41 PAYMENT IS DUE ON 1 JANUARY 1984
THE NEXT $299,308.41 PAYMENT IS DUE ON 1 JULY 1984
THE NEXT $299,308.41 PAYMENT IS DUE ON 1 JANUARY 1985
THE LAST $299,308.42 PAYMENT IS DUE ON 1 JULY 1985
$4,190,317.75
US $199,747.06, WASHINGTON, D.C. 4 AUGUST 1978
FOR VALUE RECEIVED, THE REPUBLIC OF ZAIRE (ZAIRE) BY THIS PROMISSORY
NOTE PROMISES TO PAY TO THE ORDER OF THE TREASURER OF THE UNITED STATES
OF AMERICA, AT THE FOLLOWING ADDRESS: DEFENSE SECURITY ASSISTANCE
AGENCY, THE PENTAGON, ROOM 4E837, WASHINGTON, D.C. 20301, THE PRINCIPAL
SUM OF $199,747.06 IN LAWFUL CURRENCY OF THE UNITED STATES OF AMERICA,
IN INSTALLMENTS AS PROVIDED BELOW, AND TO PAY INTEREST IN LIKE CURRENCY
ON THE UNPAID BALANCE THEREOF FROM TIME TO TIME, AT THE RATE OF 8-3/8%
(8.375) PER ANNUM.
THE PRINCIPAL OF THIS NOTE IS PAYABLE IN TWO EQUAL INSTALLMENTS IN
THE AMOUNT OF $99,873.53. THE FIRST INSTALLMENT SHALL BE DUE AND
PAYABLE ON JULY 1, 1977, AND THE SECOND INSTALLMENT SHALL BE DUE AND
PAYABLE ON JULY 1, 1978.
INTEREST ON THIS NOTE IS PAYABLE ON JANUARY 1 AND JULY 1 OF EACH YEAR
COMMENCING ON JULY 1, 1977. INTEREST SHALL BE COMPUTED ON THE BASIS OF
THE ACTUAL NUMBER OF DAYS ELAPSED USING A 365-DAY YEAR.
THIS NOTE IS ISSUED PURSUANT TO THE TERMS OF THE IMPLEMENTING
AGREEMENT, DATED 4 AUGUST, 1978, BETWEEN ZAIRE AND THE UNITED STATES
DEPARTMENT OF DEFENSE AND IS SUBJECT TO THE TERMS AND IS ENTITLED TO THE
BENEFITS THEREOF. IT MAY BE PREPAID AND PAYMENT MAY BE ACCELERATED AS
PROVIDED IN SAID AGREEMENT.
WHENEVER ANY PAYMENT UNDER THIS NOTE SHALL BE DUE ON A SATURDAY,
SUNDAY, OR PUBLIC HOLIDAY UNDER THE LAWS OF THE UNITED STATES OF
AMERICA, SUCH PAYMENT MAY BE MADE ON THE NEXT SUCCEEDING BUSINESS DAY,
AND SUCH EXTENSION OF TIME SHALL, IN SUCH CASE, BE INCLUDED IN COMPUTING
INTEREST IN CONNECTION WITH SUCH PAYMENT, BUT EXCLUDED FROM THE NEXT
INTEREST PERIOD, IF ANY. IN CASE OF FAILURE OF THE BORROWER TO MAKE
PAYMENT WHEN AND AS DUE, OF ANY INSTALLMENT OR INSTALLMENTS OF PRINCIPAL
AND INTEREST UNDER THIS NOTE, THE AMOUNT PAYABLE SHALL BE THE AMOUNT OF
THE OVERDUE INSTALLMENT OR INSTALLMENTS OF PRINCIPAL AND INTEREST, PLUS
INTEREST THEREON AT THE RATE SPECIFIED HEREIN, FROM THE DUE DATE TO THE
DATE OF THE PAYMENT.
THE TOTAL AMOUNT OF PRINCIPAL DUE HEREUNDER SHALL BE REPAID, WITH
RIGHT OF PREPAYMENT ON ANY INTEREST PAYMENT DATE, IN ACCORDANCE WITH THE
PRINCIPAL REPAYMENT SCHEDULE WHICH IS ATTACHED. PREPAYMENTS SHALL BE
ACCOMPANIED BY PAYMENT OF INTEREST ON THE AMOUNT PREPAID TO THE DATE OF
PREPAYMENT AND SHALL BE APPLIED TO THE INSTALLMENTS HEREOF IN THE
REVERSE ORDER OF THEIR MATURITY. ALL PAYMENTS OF PRINCIPAL AND INTEREST
ON THIS NOTE ARE PAYABLE IN IMMEDIATELY AVAILABLE FUNDS, FREE AND CLEAR
OF, AND WITHOUT DEDUCTION FOR, ANY TAXES, LEVIES, IMPOSTS, DEDUCTIONS,
AND WITHHOLDINGS WHATSOEVER NOW OR HEREAFTER IMPOSED, LEVIED, COLLECTED
OR ASSESSED WITH RESPECT THERETO BY ANY CENTRAL OR LOCAL AUTHORITY OF
THE BORROWER AND SHALL BE PAID FREE FROM ALL RESTRICTIONS OF ANY CENTRAL
OR LOCAL AUTHORITY OF THE BORROWER.
UPON THE OCCURRENCE OF ANY EVENT OF DEFAULT SPECIFIED IN THE SAID
IMPLEMENTING AGREEMENT, THE ENTIRE UNPAID PRINCIPAL HEREOF AND INTEREST
THEREON TO THE DATE OF PAYMENT MAY BE DECLARED TO BE FORTHWITH DUE AND
PAYABLE.
THE FIRST $99,873.53 PAYMENT IS DUE ON 1 JULY 1977
THE LAST $99,873.53 PAYMENT IS DUE ON 1 JULY 1978
$199,747.06
US $739,467.84, WASHINGTON, D.C. 4 AUGUST 1978
FOR VALUE RECEIVED, THE REPUBLIC OF ZAIRE (ZAIRE) BY THIS PROMISSORY
NOTE PROMISES TO PAY TO THE ORDER OF THE TREASURER OF THE UNITED STATES
OF AMERICA, AT THE FOLLOWING ADDRESS: DEFENSE SECURITY ASSISTANCE
AGENCY, THE PENTAGON, ROOM 4E837, WASHINGTON, D.C. 20301, THE PRINCIPAL
SUM OF $739,467.84 IN LAWFUL CURRENCY OF THE UNITED STATES OF AMERICA,
IN INSTALLMENTS AS PROVIDED BELOW, AND TO PAY INTEREST IN LIKE CURRENCY
ON THE UNPAID BALANCE THEREOF FROM TIME TO TIME, AT THE RATE OF 8-3/8%
(8.375) PER ANNUM.
THE PRINCIPAL OF THIS NOTE IS PAYABLE IN TWO EQUAL INSTALLMENTS IN
THE AMOUNT OF $369,733.92. THE FIRST INSTALLMENT SHALL BE DUE AND
PAYABLE ON JULY 1, 1977, AND THE SECOND INSTALLMENT SHALL BE DUE AND
PAYABLE ON JULY 1, 1978.
INTEREST ON THIS NOTE IS PAYABLE ON JANUARY 1 AND JULY 1 OF EACH YEAR
COMMENCING ON JULY 1, 1977. INTEREST SHALL BE COMPUTED ON THE BASIS OF
THE ACTUAL NUMBER OF DAYS ELAPSED USING A 365-DAY YEAR.
THIS NOTE IS ISSUED PURSUANT TO THE TERMS OF THE IMPLEMENTING
AGREEMENT, DATED 4 AUGUST 1978, BETWEEN ZAIRE AND THE UNITED STATES
DEPARTMENT OF DEFENSE AND IS SUBJECT TO THE TERMS AND IS ENTITLED TO THE
BENEFITS THEREOF. IT MAY BE PREPAID AND PAYMENT MAY BE ACCELERATED AS
PROVIDED IN SAID AGREEMENT.
WHENEVER ANY PAYMENT UNDER THIS NOTE SHALL BE DUE ON A SATURDAY,
SUNDAY, OR PUBLIC HOLIDAY UNDER THE LAWS OF THE UNITED STATES OF
AMERICA, SUCH PAYMENT MAY BE MADE ON THE NEXT SUCCEEDING BUSINESS DAY,
AND SUCH EXTENSION OF TIME SHALL, IN SUCH CASE, BE INCLUDED IN COMPUTING
INTEREST IN CONNECTION WITH SUCH PAYMENT, BUT EXCLUDED FROM THE NEXT
INTEREST PERIOD, IF ANY. IN CASE OF FAILURE OF THE BORROWER TO MAKE
PAYMENT WHEN AND AS DUE, OF ANY INSTALLMENT OR INSTALLMENTS OF PRINCIPAL
AND INTEREST UNDER THIS NOTE, THE AMOUNT PAYABLE SHALL BE THE AMOUNT OF
THE OVERDUE INSTALLMENT OR INSTALLMENTS OF PRINCIPAL AND INTEREST, PLUS
INTEREST THEREON AT THE RATE SPECIFIED HEREIN, FROM THE DUE DATE TO THE
DATE OF THE PAYMENT.
THE TOTAL AMOUNT OF PRINCIPAL DUE HEREUNDER SHALL BE REPAID, WITH
RIGHT OF PREPAYMENT ON ANY INTEREST PAYMENT DATE, IN ACCORDANCE WITH THE
PRINCIPAL REPAYMENT SCHEDULE WHICH IS ATTACHED. PREPAYMENTS SHALL BE
ACCOMPANIED BY PAYMENT OF INTEREST ON THE AMOUNT PREPAID TO THE DATE OF
PREPAYMENT AND SHALL BE APPLIED TO THE INSTALLMENTS HEREOF IN THE
REVERSE ORDER OF THEIR MATURITY. ALL PAYMENTS OF PRINCIPAL AND INTEREST
ON THIS NOTE ARE PAYABLE IN IMMEDIATELY AVAILABLE FUNDS, FREE AND CLEAR
OF, AND WITHOUT DEDUCTION FOR, ANY TAXES, LEVIES, IMPOSTS, DEDUCTIONS,
AND WITHHOLDINGS WHATSOEVER NOW OR HEREAFTER IMPOSED, LEVIED COLLECTED
OR ASSESSED WITH RESPECT THERETO BE PAID FREE FROM ALL RESTRICTIONS OF
ANY CENTRAL OR LOCAL AUTHORITY OF THE BORROWER.
UPON THE OCCURRENCE OF ANY EVENT OF DEFAULT SPECIFIED IN THE SAID
IMPLEMENTING AGREEMENT, THE ENTIRE UNPAID PRINCIPAL HEREOF AND INTEREST
THEREON TO THE DATE OF PAYMENT MAY BE DECLARED TO BE FORTHWITH DUE AND
PAYABLE.
THE FIRST $369,733.92 PAYMENT IS DUE ON 1 JULY 1977
THE LAST $369,733.92 PAYMENT IS DUE ON 1 JULY 1978
$739,467.84 (TABLE OMITTED)
1. INTEREST BECOMING DUE DURING 1 JULY - 31 DECEMBER 1976 WAS
EXCLUDED FROM RESCHEDULING AND IS DUE UNDER THE ORIGINAL LOAN AGREEMENT.
REPUBLIC OF ZAIRE BP. 12997 - TEL 32.073
DEPARTMENT OF THE FINANCES 32.726
OFFICE OF THE STATE COMMISSIONER
SUBJECT: FORWARDED PROJECT
OF THE CONSOLIDATION KINSHASA/NGALIEMA
AGREEMENT
1975-1976-DOD
DEAR CITIZEN STATE COMMISSIONER,
I HAVE THE HONOUR TO RETURN HEREWITH TO YOU THE PROJECT OF THE
SUBSIDIARY AGREEMENT OF CONSOLIDATION TO ENTER BETWEEN THE MINISTRY OF
THE DEFENSE OF THE UNITED STATES OF AMERICA AND THE DEPARTMENT OF THE
NATIONAL DEFENSE AND SECURITY OF THE TERRITORY, IN IMPLEMENTATION OF THE
BILATERAL AGREEMENT SETTLED BETWEEN THE UNITED STATES OF AMERICA AND THE
REPUBLIC OF ZAIRE.
THE EXAMEN EFFECTED TO THIS DOCUMENT REVEALS THAT THE AFORESAID
DOCUMENT REMAINS IN THE SPIRIT OF THE MULTILATERAL AGREEMENT SIGNED IN
PARIS ON 16 JUNE 1976, RELATING TO THE UNPAID CONSOLIDATED PAYMENTS
OVERDUE IN 1975 AND 1976.
REGARDING THE AMOUNTS RESET ON THE ANNEX RELATED TO THIS PROJECT
WHICH ARE SUBJECT OF THE RESCHEDULING AND CONSOLIDATION, THEY HAVE BEEN
EXACTLY ACKNOWLEDGED ACCORDING TO THE VERIFICATION FOR THAT PURPOSE BY
THE OGEDEP.
THEREFORE, I AUTHORIZE YOU TO SIGN THIS AGREEMENT THROUGH THE
MILITARY ATTACHE OF ZAIRE IN THE UNITED STATES OF AMERICA.
YOURS TRULY, STATE COMMISSIONER, WITH THE EXPRESSION OF MY PATRIOTIC
AND REVOLUTIONARY FEELINGS.
RELATED TO THE PARTICULAR AGREEMENT TO ENTER BETWEEN THE REPUBLIC OF
ZAIRE AND THE DEPARTMENT OF DEFENSE OF THE UNITED STATES OF AMERICA IN
ACCORDANCE WITH THE AFOREMENTIONED AGREEMENT BETWEEN THE UNITED STATES
OF AMERICA AND THE REPUBLIC OF ZAIRE REGARDING THE CONSOLIDATION AND
RESCHEDULING OF CERTAIN DEBTS RELATING TO THE AUTHORIZED CREDITS,
GUARANTEED OR ASSURED BY THE GOVERNMENT OF THE UNITED STATES OF AMERICA
AND ITS ESTABLISHMENTS.
I, THE UNDERSIGNED, MUKE KANDONG, DOCTOR OF LAW, SPECIAL LICENTIATE
OF THE INTERNATIONAL LAW, LEGAL ADVISOR TO THE OFFICE OF THE FOUNDER
PRESIDENT OF THE REVOLUTIONARY POPULAR MOVEMENT, PRESIDENT OF THE
REPUBLIC OF ZAIRE;
AFTER HAVING EXAMINED THE ENTIRE PROVISIONS THAT CONSTITUTES AS WELL
THE AGREEMENT SETTLED BETWEEN THE UNITED STATES OF AMERICA AND THE
REPUBLIC OF ZAIRE REGARDING THE CONSOLIDATION AND THE RESCHEDULING OF
CERTAIN DEBTS RELATED TO THE CREDITS AUTHORIZED GUARANTEED OR ASSURED BY
THE GOVERNMENT OF THE UNITED STATES OF AMERICA AND ITS SPECIALIZED
INSTITUTIONS THAT THE PROJECT OF THE PARTICULAR AGREEMENT TO ENTER
BETWEEN THE REPUBLIC OF ZAIRE AND THE DEPARTMENT OF DEFENSE OF THE
UNITED STATES OF AMERICA; IN IMPLEMENTATION OF THE AFOREMENTIONED
GENERAL AGREEMENT, AND HAVING APPRECIATED THEIR CONFORMITY TO THE
POSITIVE ZAIRIAN LAW HEREIN IN MATTER SETSFORTH THE LEGAL OPINION
HEREAFTER:
1. THE ORDINANCE-LAW NR 69-061 DATED 5 DECEMBER 1969, SUCH AS
COMPLETED AND MODIFIED THIS DAY, CONSTITUTES IN THE REPUBLIC OF ZAIRE,
THE FINANCIAL INSTRUMENTAL LEGISLATION. IN THIS ARTICLE 6, IT PROVIDES
THAT "THE FINANCIAL OPERATIONS OF THE STATE UNDER THE PARTICULAR FORM OF
BORROWINGS, LOANS, GUARANTEES, SUBSIDIES OR ACT OF PARTICIPATIONS CAN
ONLY BE SETTLED IF A LAW AUTHORIZES THEM AND WITH THE OPINION OF THE
STATE COMMISSIONER OF FINANCES".
2. IT IS AGREED TO STRESS HERE THAT, NOR THE GENERAL AGREEMENT
ALREADY SETTLED; NOR THE PARTICULAR AGREEMENT WHICH WILL ENTER BETWEEN
THE REPUBLIC OF ZAIRE AND THE DEPARTMENT OF DEFENSE OF THE UNITED STATES
OF AMERICA, IN ACCORDANCE WITH THIS GENERAL AGREEMENT, CANNOT CONSTITUTE
AN OPERATION OF LOANS.
3. THAT THE LOAN CONTRACTS ALREADY HAVE BEEN SETTLED, THE GENERAL
AGREEMENT AND THE PARTICULAR AGREEMENT WHICH QUESTION HEREIN, ARE
SUBJECT TO THE CONSOLIDATION AND RESCHEDULING OF THESE LOANS.
4. THE ORDINANCE-LAW NR 78-018 DATED 5 JULY 1976 RELATED TO THE
STATE BUDGET FOR THE 1978 YEAR WITH ITS ARTICLE 9, INDENTED 1ST, BEARS
THAT "THE STATE COMMISSIONER OF FINANCES IS AUTHORIZED TO REARRANGE THE
DEBT AND TO CONTRACT DURING THE 1978 YEAR, FOR AND IN THE NAME OF THE
STATE ONE OR MORE LOANS IN ZAIRE CURRENCY OR OTHER MONIES".
5. THE PRESENT STATE COMMISSIONER OF FINANCE IS THE CITIZEN EMONY
MONDANGA, APPOINTED TO THIS OFFICE IN ACCORDANCE WITH ORDINANCE NR 345
DATED 13 DECEMBER 1977.
6. BEING BASED UPON PROVISIONS REPRODUCED ABOVE, THE STATE
COMMISSIONER OF FINANCE HAS DELIVERED AN ORDER FOR THE SIGNATURE OF THE
PARTICULAR AGREEMENT TO ENTER BETWEEN THE REPUBLIC OF ZAIRE AND THE
DEPARTMENT OF DEFENSE OF THE UNITED STATES OF AMERICA TO COLONEL
BAAHAMBALA HEKPYOWALI; MILITARY ATTACHE TO THE EMBASSY OF ZAIRE IN
WASHINGTON, D.C.
7. THE AUTHORITY OR THE DELEGATION OF AUTHORITY BEING THE GENERAL
PRINCIPLE OF LAW ADMITTED TO THE POSITIVE ZAIRIAN LAW, IT RESULTS THAT
COLONEL BAAKAMBALA HEKPYOWALI; PREQUALIFIED WILL VALIDLY REPRESENT THE
REPUBLIC OF ZAIRE IN THE AFORESAID AGREEMENT WITH THE PRESENT JUDICIAL
OPINION. IN TESTIMONY WHEREOF ALL AFOREMENTIONED, THE UNDERSIGNED
DECLARES AND CERTIFIES:
1. THAT HE PARTICULAR AGREEMENT WHICH WILL LINK THE REPUBLIC OF
ZAIRE AND THE DEPARTMENT OF DEFENSE OF THE UNITED STATES OF AMERICA WILL
BE VALIDLY CONTRACTED FOR AND IN THE NAME OF THE ZAIRIAN STATE, BY ITS
DELEGATED PERSON, IN GOOD AND DUE FORM HEREIN;
2. THAT ONCE SIGNED, THE SAID AGREEMENT WILL BECOME, WITH REGARD TO
THE REPUBLIC OF ZAIRE, A DEFINITIVE JUDICIAL ACT;
3. THAT ACCORDINGLY, THIS AGREEMENT WILL CONSTITUTE, IN COMPARISON
WITH THE POSITIVE ZAIRIAN LAW, AS MUCH IT IS CONCERNING ITS CONDITIONS
OF CONTENTS AND FORM, A JUDICIAL ACT PERFECTLY VALID, HAVING THE
OBLIGATORY FORCE, AND IRREVOCABLY LINKING THE REPUBLIC OF ZAIRE,
ACCORDINGLY TO THE CONDITIONS AND METHODS HEREIN STIPULATED.
ZAIRE 22 MAY 1978 FLITE DOCUMENT NO. 7900108
CREDIT AGREEMENT EXECUTED 22 MAY 1978.
CREDIT AGREEMENT BETWEEN THE GOVERNMENT OF THE UNITED STATES OF
AMERICA AND THE GOVERNMENT OF ZAIRE RELATING TO THE PURCHASE OF DEFENSE
ITEMS.
CREDIT AGREEMENT, MADE AND ENTERED INTO THE 22ND DAY OF MAY 1978
BETWEEN THE GOVERNMENT OF ZAIRE REPRESENTED BY ITS MINISTRY OF DEFENSE
AND THE GOVERNMENT OF THE UNITED STATES OF AMERICA, REPRESENTED BY THE
DEPARTMENT OF DEFENSE OF THE UNITED STATES OF AMERICA.
WHEREAS, THE GOVERNMENT OF ZAIRE (HEREINAFTER SOMETIMES REFERRED TO
AS THE "BORROWER") DESIRES TO ENTER OR HAS ENTERED INTO PURCHASE
CONTRACTS (HEREINAFTER REFERRED TO AS "PURCHASE ARRANGEMENTS") WITH THE
MILITARY DEPARTMENTS AND AGENCIES OF THE UNITED STATES DEPARTMENT OF
DEFENSE (HEREINAFTER REFERRED TO AS "DOD") AND/OR VARIOUS UNITED STATES
COMMERCIAL SUPPLIERS FOR THE PURCHASE OF DEFENSE ARTICLES AND DEFENSE
SERVICES OF UNITED STATES ORIGIN (HEREINAFTER COLLECTIVELY REFERRED TO
AS "DEFENSE ITEMS"); AND
WHEREAS, THE BORROWER HAS REQUESTED THE GOVERNMENT OF THE UNITED
STATES OF AMERICA (HEREINAFTER SOMETIMES REFERRED TO AS THE "LENDER") TO
FINANCE PAYMENTS REQUIRED TO BE MADE BY THE BORROWER UNDER THE PURCHASE
ARRANGEMENTS; AND
WHEREAS, THE AFORESAID REQUESTED CREDIT WILL FACILITATE THE PURPOSE
OF THE UNITED STATES ARMS EXPORT CONTROL ACT, AS AMENDED;
NOW THEREFORE, IN CONSIDERATION OF THE PREMISES AND THE MUTUAL
COVENANTS HEREINAFTER SET FORTH, AND IN IMPLEMENTATION OF, AND SUBJECT
TO THE PROVISIONS OF THE MUTUAL DEFENSE ASSISTANCE AGREEMENT BETWEEN THE
GOVERNMENT OF ZAIRE AND THE GOVERNMENT OF THE UNITED STATES OF AMERICA,
DATED JUNE 24 AND JULY 19, 1963 THE PARTIES HERETO AGREE AS FOLLOWS:
1. LOAN COMMITMENT (A) SUBJECT TO THE TERMS AND CONDITIONS HEREOF,
THE LENDER AGREES TO MAKE ADVANCES TO THE BORROWER FROM TIME TO TIME IN
AN AGGREGATE PRINCIPAL AMOUNT UP TO, BUT NOT EXCEEDING $17,500,000.00
(HEREINAFTER CALLED THE "COMMITMENT").
(B) BEFORE REQUESTING ANY ADVANCE HEREUNDER, THE BORROWER SHALL
SIMULTANEOUSLY HEREWITH EXECUTE AND DELIVER TO THE UNITED STATES
GOVERNMENT A SINGLE PROMISSORY NOTE ("NOTE") SUBSTANTIALLY IN THE FORM
ATTACHED HERETO AS ANNEX A AND DATED AS OF THE DATE OF EXECUTION OF THIS
CREDIT AGREEMENT. THE NOTE SHALL BE SIGNED ON BEHALF OF THE BORROWER BY
THE MILITARY ATTACHE, EMBASSY OF ZAIRE.
(C) ADVANCES MADE TO THE BORROWER SHALL BE AUTHORIZED IN ACCORDANCE
WITH REQUESTS FOR DISBURSEMENTS, WHICH SHALL BE PREPARED BY THE BORROWER
IN THE FORM OF EXHIBIT 2 OF ANNEX B AND FORWARDED TO THE LENDER ON
BEHALF OF THE BORROWER UNDER CIRCUMSTANCES DESCRIBED IN PARAGRAPH
3(B)(3). EACH ADVANCE SHALL BEAR INTEREST, AS PROVIDED IN PARAGRAPH
6(A), COMMENCING WITH THE DISBURSEMENT DATE THEREOF.
2. PURCHASE ARRANGEMENTS THE AFORESAID COMMITMENT SHALL BE AVAILABLE
ONLY TO FINANCE THE PURCHASE OF DEFENSE ITEMS BY THE BORROWER PURSUANT
TO PURCHASE ARRANGEMENTS AUTHORIZED FOR SUCH FINANCING BY DOD WHICH ARE
ENTERED INTO BY THE BORROWER ON OR BEFORE MAY 22, 1980. EACH
AUTHORIZATION FOR THE BORROWER TO ENTER INTO A PURCHASE ARRANGEMENT IN
IMPLEMENTATION OF THIS CREDIT AGREEMENT SHALL BE SEPARATELY COMMUNICATED
BY DOD IN WRITING TO THE BORROWER (SUBSTANTIALLY IN THE FORM OF EXHIBIT
1 TO ANNEX B), WHICH AUTHORIZATION SHALL SPECIFY THE CASE IDENTIFIER
ASSIGNED BY DOD TO, AND THE AMOUNT OF CREDIT AUTHORIZED FOR, THE
APPROVED PURCHASE ARRANGEMENT. THE BORROWER SHALL INCORPORATE INTO EACH
SUCH PURCHASE ARRANGEMENT WITH COMMERCIAL SUPPLIERS THE PAYMENT
PROCEDURES SET FORTH IN ANNEX B HERETO AND ATTACH AS AN EXHIBIT TO THE
PURCHASE ARRANGEMENT A TRUE COPY OF THE APPLICABLE AFORESAID
AUTHORIZATION AND OF PARAGRAPH 8 OF THIS CREDIT AGREEMENT.
3. DISBURSEMENTS EACH ADVANCE HEREUNDER BY THE LENDER SHALL BE MADE
IN ACCORDANCE WITH THE FOLLOWING PROCEDURES:
(A) DISBURSEMENTS TO COMMERCIAL SUPPLIERS --
(1) EACH ADVANCE SHALL BE MADE ON SUCH DATE (HEREINAFTER REFERRED TO
AS A "DISBURSEMENT DATE") AS MAY BE DESIGNATED BY THE BORROWER IN THE
REQUESTS FOR DISBURSEMENT SUBMITTED BY THE BORROWER TO THE LENDER FROM
TIME TO TIME.
(2) EACH REQUEST FOR DISBURSEMENT SHALL SPECIFY THE AMOUNT OF THE
ADVANCE TO BE MADE BY THE LENDER ON THE DISBURSEMENT DATE, SHALL SPECIFY
THE COMMERCIAL SUPPLIER TO WHOM THE DISBURSEMENT IS TO BE REMITTED BY
THE LENDER, AND SHALL BE FORWARDED TO THE LENDER IN SUFFICIENT TIME TO
ALLOW FIVE (5) WORKING DAYS BEFORE THE DISBURSEMENT DATE.
(3) EACH REQUEST FOR DISBURSEMENT SHALL BE SENT TO THE COMPTROLLER,
DEFENSE SECURITY ASSISTANCE AGENCY, THE PENTAGON, WASHINGTON, D.C.
20301.
(4) SUPPLIER INVOICES SHALL BE PREPARED IN ACCORDANCE WITH THE
PROCEDURE SET FORTH IN ANNEX B HERETO.
(B) DISBURSEMENTS TO THE MILITARY DEPARTMENTS AND AGENCIES OF DOD --
(1) THE MILITARY DEPARTMENTS AND AGENCIES OF DOD WILL BILL THE
BORROWER FOR PAYMENTS UNDER AUTHORIZED PURCHASE ARRANGEMENTS IN THE SAME
MANNER AS FOR "DEPENDABLE UNDERTAKING" TERMS OF SALES UNDER FOREIGN
MILITARY SALES PROCEDURES, AND WILL TRANSMIT A COPY OF EACH BILLING TO
THE COMPTROLLER, DEFENSE SECURITY ASSISTANCE AGENCY. EACH BILLING WILL
DESIGNATE A DISBURSEMENT DATE.
(2) UPON RECEIPT OF ANY SUCH BILLING, THE BORROWER SHALL FOLLOW THE
PROCEDURES SET BELOW:
(A) EACH ADVANCE SHALL BE MADE ON SUCH DISBURSEMENT DATE AS MAY BE
DESIGNATED BY THE BORROWER IN THE REQUEST FOR DISBURSEMENT SUBMITTED BY
THE BORROWER TO THE LENDER FROM TIME TO TIME.
(B) EACH REQUEST FOR DISBURSEMENT SHALL SPECIFY THE AMOUNT OF THE
ADVANCE TO BE MADE BY THE LENDER ON THE DISBURSEMENT DATE, SHALL SPECIFY
THE DOD AGENCY OR MILITARY DEPARTMENT TO WHOM THE DISBURSEMENT IS TO BE
REMITTED BY THE LENDER, AND SHALL BE FORWARDED TO THE LENDER IN
SUFFICIENT TIME TO ALLOW FIVE (5) WORKING DAYS BEFORE THE DISBURSEMENT
DATE.
(C) EACH REQUEST FOR DISBURSEMENT SHALL BE SENT TO THE COMPTROLLER,
DEFENSE SECURITY ASSISTANCE AGENCY, THE PENTAGON, WASHINGTON, D.C.
20301.
(D) IF THE ADVANCE SPECIFIED IS LESS THAN THE FULL AMOUNT OF THAT
BILLING, THE BORROWER SHALL DIRECTLY PAY THE DIFFERENCE, FROM OTHER
FUNDS AVAILABLE TO THE BORROWER, ON OR BEFORE THE DISBURSEMENT DATE TO
THE BILLING OFFICE OF THE APPLICABLE MILITARY DEPARTMENT OR AGENCY OF
DOD.
(3) IF, THIRTY (30) DAYS AFTER THE DATE OF ANY SUCH BILLING BY A
MILITARY DEPARTMENT OR AGENCY OF DOD, THE BORROWER HAS FAILED TO SUBMIT
A REQUEST FOR DISBURSEMENT REQUESTING AN ADVANCE FROM THE LENDER FOR
PAYMENT OF SUCH BILLING, OR HAS NOT GIVEN WRITTEN NOTICE TO THE LENDER
THAT PAYMENT OF SUCH BILLING HAS BEEN, OR WILL BE, MADE DIRECTLY BY THE
BORROWER, OR HAS NOT GIVEN WITHIN 20 DAYS WRITTEN NOTICE TO THE LENDER
THAT CLEARLY DEMONSTRATES WHY THE BILLED AMOUNT(S) SHOULD NOT BE PAID,
THE LENDER SHALL PREPARE AND SIGN A REQUEST FOR DISBURSEMENT ON BEHALF
OF THE BORROWER AND DISBURSE THE FULL AMOUNT SPECIFIED IN ANY SUCH
BILLING TO THE BILLING OFFICE OF THE APPLICABLE MILITARY DEPARTMENT OR
AGENCY OF DOD ON THE DISBURSEMENT DATE DESIGNATED IN THE BILLING. A
COPY OF ANY SUCH REQUEST FOR DISBURSEMENT EXECUTED BY THE LENDER ON
BEHALF OF THE BORROWER WILL BE PROMPTLY SENT BY THE LENDER TO THE
BORROWER.
4. MARINE TRANSPORTATION (A) ALL DEFENSE ARTICLES, THE PURCHASE OF
WHICH IS TO BE FINANCED HEREUNDER, AND WHICH MAY BE TRANSPORTED BY OCEAN
VESSEL, SHALL BE TRANSPORTED IN VESSELS OF UNITED STATES REGISTRY UNLESS
A WAIVER OF THIS REQUIREMENT IS OBTAINED. IN NO EVENT, HOWEVER WILL ANY
PART OF ANY ADVANCE HEREUNDER BE USED TO FINANCE THE TRANSPORTATION OF
DEFENSE ARTICLES IN CARRIERS OF NON-UNITED STATES REGISTRY. MARINE
TRANSPORTATION WAIVER PROCEDURES ARE AT ANNEX C HERETO.
(B) THE BORROWER OR ITS COMMERCIAL SUPPLIERS SHALL BE RESPONSIBLE FOR
OBTAINING LICENSES FOR DEFENSE ITEMS FINANCED HEREUNDER, WHEN
TRANSPORTED BY MEANS OTHER THAN THE UNITED STATES DEFENSE TRANSPORTATION
SYSTEM.
5. ASSIGNMENT OF REPAYMENTS THIS AGREEMENT EVIDENCES THE LEGAL AND
BINDING OBLIGATION OF THE BORROWER TO MAKE REPAYMENTS TO THE LENDER FOR
DISBURSEMENTS MADE BY THE LENDER IN ACCORDANCE WITH THE TERMS HEREOF.
THE LENDER MAY SELL OR ASSIGN, IN WHOLE OR IN PART, ITS RIGHTS TO SAID
REPAYMENTS AND MAY, WITH RESPECT TO SUCH SALE OR ASSIGNMENT, GUARANTEE
PAYMENT OF THE SAME.
6. PRINCIPAL REPAYMENTS AND INTEREST (A) THE BORROWER SHALL REPAY
THE DISBURSEMENTS MADE BY THE LENDER IN ACCORDANCE WITH THE PRINCIPAL
REPAYMENT SCHEDULE, WHICH IS ATTACHED TO THE NOTE, AND SHALL PAY
INTEREST SEMIANNUALLY ON MAY 31 AND NOVEMBER 30 COMMENCING NOV. 30,
1978 AT THE RATE OF EIGHT AND THREE-EIGHTS (8.375%) PERCENT PER ANNUM,
USING A 365 DAY FACTOR ON THE AMOUNT FROM TIME TO TIME CUMULATIVE
ADVANCES EXCEED REPAYMENTS OF PRINCIPAL.
(B) IF ON ANY INSTALLMENT REPAYMENT DATE SET FORTH IN THE PRINCIPAL
REPAYMENT SCHEDULE THE BORROWER SHALL NOT HAVE AVAILED ITSELF OF THE
COMMITMENT OF THE LENDER IN AN AGGREGATE AMOUNT (LESS REPAYMENTS
PREVIOUSLY MADE) EQUAL TO THE AGGREGATE INSTALLMENT OF PRINCIPAL WHICH
IS REPAYABLE ON SUCH DATE TO THE LENDER THE BORROWER SHALL, ON SUCH
INSTALLMENT REPAYMENT DATE, REPAY TO THE LENDER THE FULL AMOUNT (LESS
REPAYMENTS PREVIOUSLY MADE) TO WHICH IT HAS AVAILED ITSELF OF THE
COMMITMENT OF THE LENDER TO SUCH DATE, TOGETHER WITH THE INTEREST
ACCRUED THEREON. IF AT ANY TIME THEREAFTER THE BORROWER SHALL AVAIL
ITSELF OF THE COMMITMENT OF THE LENDER IN AN AMOUNT WHICH WOULD HAVE
BEEN REPAYABLE ON A PRIOR INSTALLMENT REPAYMENT DATE BUT FOR THE
PROVISIONS OF THE IMMEDIATELY PRECEEDING SENTENCE, SUCH AMOUNT, TOGETHER
WITH THE INTEREST ACCRUED THEREON, SHALL BE REPAYABLE ON THE NEXT
SUCCEEDING INSTALLMENT DATE OF THE PRINCIPAL REPAYMENT SCHEDULE
OCCURRING AFTER THE DISBURSEMENT OF SUCH AMOUNT AND THE SAID AGGREGATE
INSTALLMENT OF PRINCIPAL REPAYABLE UNDER THE PRINCIPAL REPAYMENT
SCHEDULE TO THE LENDER ON THAT DATE SHALL BE INCREASED BY SUCH AMOUNT.
(C) IF BY THE DATE SPECIFIED IN PARAGRAPH 2, THE BORROWER SHALL NOT
HAVE ENTERED INTO AUTHORIZED PURCHASE ARRANGEMENTS IN AN AGGREGATE
AMOUNT EQUAL TO THE ENTIRE AMOUNT OF THE COMMITMENT, THE INSTALLMENTS OF
PRINCIPAL REPAYABLE TO THE LENDER SET FORTH IN THE PRINCIPAL REPAYMENT
SCHEDULE SHALL BE REDUCED IN THE INVERSE ORDER OF THE MATURITY THEREOF
TO THE EXTENT OF THE UNUSED BALANCE OF THE COMMITMENT.
(D) WHENEVER ANY REPAYMENT TO BE MADE BY THE BORROWER SHALL BE DUE ON
A SATURDAY, SUNDAY, OR PUBLIC HOLIDAY UNDER THE LAWS OF THE LENDER, SUCH
REPAYMENT MAY BE MADE ON THE NEXT SUCCEEDING BUSINESS DAY, AND SUCH
EXTENSION OF TIME SHALL IN SUCH CASE BE INCLUDED IN COMPUTING INTEREST
IN CONNECTION WITH SUCH REPAYMENT BUT EXCLUDED FROM THE NEXT INTEREST
PERIOD, IF ANY.
(E) THE BORROWER MAY PREPAY THE CREDIT EXTENDED UNDER THIS AGREEMENT
IN PART OR IN FULL ON ANY INTEREST PAYMENT DATE WITHOUT PENALTY OR
PREMIUM, BUT SUCH PREPAYMENT MUST BE ACCOMPANIED BY PAYMENT OF INTEREST
ON THE AMOUNT PREPAID TO THE DATE OF REPAYMENT AND MUST BE APPLIED TO
THE SATISFACTION OF INSTALLMENTS OF PRINCIPAL REPAYMENTS IN THE REVERSE
ORDER OF THEIR MATURITIES.
(F) ALL REPAYMENTS BY THE BORROWER ON ACCOUNT OF PRINCIPAL OR
INTEREST SHALL BE IN LAWFUL MONEY OF THE UNITED STATES OF AMERICA AND IN
IMMEDIATELY AVAILABLE FUNDS, FREE AND CLEAR OF, AND WITHOUT DEDUCTION
FOR, ANY AND ALL TAXES, LEVIES, IMPOSTS, DEDUCTIONS AND WITHHOLDINGS
WHATSOEVER IMPOSED, LEVIED, COLLECTED OR ASSESSED WITH RESPECT THERETO
BY ANY CENTRAL OR LOCAL AUTHORITY OF ZAIRE.
(G) IN CASE OF FAILURE OF THE BORROWER TO MAKE PAYMENT WHEN DUE AND
AS DUE, OF ANY INSTALLMENT OR INSTALLMENTS OF PRINCIPAL OR OF ANY
INTEREST UNDER THE NOTE, THE AGGREGATE AMOUNT PAYABLE SHALL BE THE
AMOUNT OF THE OVERDUE INSTALLMENT OR INSTALLMENTS OF PRINCIPAL OR OF
OVERDUE INTEREST, OR OVERDUE PRINCIPAL AND INTEREST, AS THE CASE MAY BE,
PLUS INTEREST THEREON AT THE RATE SPECIFIED IN THE NOTE, FROM THE DUE
DATE TO THE DATE OF PAYMENT. IN THE EVENT THAT THE AMOUNT OF AN
INSTALLMENT PAYMENT MADE BY THE BORROWER IS INSUFFICIENT TO SATISFY THE
AGGREGATE AMOUNT OF PRINCIPAL AND INTEREST THEN DUE, THE INSTALLMENT
PAYMENT AMOUNT SHALL FIRST BE APPLIED TO SATISFY THE INTEREST DUE, AND
THE REMAINING PORTION OF THE INSTALLMENT PAYMENT, IF ANY, SHALL BE
APPLIED TO SATISFY THE PRINCIPAL AMOUNT OF SUCH INSTALLMENT.
7. REPRESENTATIONS AND WARRANTIES (A) THE BORROWER REPRESENTS AND
WARRANTS THAT THE MAKING AND PERFORMANCE OF THIS AGREEMENT HAVE BEEN
DULY AUTHORIZED IN ACCORDANCE WITH THE LAWS OF ZAIRE AND SHALL FURNISH
TO THE LENDER UPON REQUEST EVIDENCE, SATISFACTORY TO THE LENDER,
(SUBSTANTIALLY IN THE FORM OF ANNEX D) OF THE AUTHORITY OF THE PERSON OR
PERSONS WHO WILL SIGN THE NOTES AND REQUESTS FOR DISBURSEMENT PROVIDED
FOR HEREIN ON BEHALF OF THE BORROWER, TOGETHER WITH THE AUTHENTICATED
SPECIMEN SIGNATURE, IN DUPLICATE, OF EACH OF THE LETTER.
(B) THIS AGREEMENT SHALL INURE TO THE BENEFIT OF THE HOLDERS OF THE
NOTE, THEIR RESPECTIVE SUCCESSORS AND ASSIGNS. THIS AGREEMENT AND THE
NOTE SHALL BE DEEMED TO BE CONTRACTS UNDER THE LAW OF THE DISTRICT OF
COLUMBIA WITH RESPECT TO MATTERS INVOLVING THE NOTE, PROVIDED SUCH NOTE
IS HELD BY AN INDIVIDUAL, PARTNERSHIP, CORPORATION, OR OTHER PRIVATE
LEGAL ENTITY.
(C) THE BORROWER SHALL IN ALL CASES PAY WHEN AND AS DUE THE PRINCIPAL
OF AND INTEREST ON THE NOTE ISSUED HEREUNDER, NOTWITHSTANDING ANY CLAIMS
WHICH THE BORROWER MAY NOW OR HEREAFTER HAVE AGAINST ANY SUPPLIER OF THE
DEFENSE ITEMS, DOD, THE LENDER, OR ANY OTHER PERSONS OR ENTITY IN
CONNECTION WITH ANY OTHER TRANSACTION, FOR ANY REASON WHATSOEVER.
8. DEFAULT UPON THE OCCURRENCE OF ANY OF THE FOLLOWING EVENTS OF
DEFAULT:
(A) IF THE BORROWER FAILS FOR A PERIOD OF TEN (10) DAYS TO MAKE ANY
PAYMENT OF PRINCIPAL OF, OR INTEREST ON, THE NOTE WHEN DUE;
(B) IF ANY REPRESENTATION OR WARRANTY MADE BY THE BORROWER HEREIN OR
ANY CERTIFICATE FURNISHED BY THE BORROWER PURSUANT HERETO PROVES TO BE
AT ANY TIME INCORRECT IN ANY MATERIAL RESPECT OR;
(C) IF THE BORROWER DEFAULTS IN THE PERFORMANCE OF ANY OTHER TERM,
COVENANT OR UNDERTAKING CONTAINED IN THIS CREDIT AGREEMENT, AND SUCH
DEFAULT SHALL CONTINUE UNREMEDIED FOR 30 DAYS AFTER WRITTEN NOTIFICATION
THEREOF SHALL HAVE BEEN GIVEN TO THE BORROWER BY THE LENDER; THEN, AND
IN ANY SUCH EVENT, THE HOLDER OF THE NOTE MAY DECLARE IMMEDIATELY DUE
AND PAYABLE THE UNPAID PRINCIPAL OF, AND ACCRUED INTEREST ON, THE NOTE
HELD BY SUCH HOLDER, AND SUCH AMOUNTS SHALL BECOME IMMEDIATELY DUE AND
PAYABLE WITHOUT PROTEST, PRESENTMENT, NOTICE OF OTHER DEMAND OF ANY
KIND, ALL OF WHICH ARE HEREBY EXPRESSLY WAIVED BY THE BORROWER, AND THE
LENDER MAY TERMINATE ITS COMMITMENT HEREUNDER.
9. MISCELLANEOUS NO FAILURE TO EXERCISE AND NO DELAY IN EXERCISING
ON THE PART OF THE DOD, ANY RIGHT, POWER OR PRIVILEGE HEREUNDER SHALL
OPERATE AS A WAIVER THEREOF, NOR SHALL ANY SINGLE OR PARTIAL EXERCISE OF
ANY RIGHT, POWER OR PRIVILEGE PRECLUDE ANY OTHER OR FURTHER EXERCISE
THEREOF, OR THE EXERCISE OF ANY OTHER POWER OR RIGHT. THE RIGHTS AND
REMEDIES HEREIN PROVIDED ARE CUMULATIVE AND NOT EXCLUSIVE OF ANY RIGHTS
OR REMEDIES PROVIDED IN THIS CREDIT AGREEMENT.
10. ALL COMMUNICATIONS AND OTHER DOCUMENTS REQUIRED OR PERMITTED
HEREUNDER, UNLESS SUBMITTED IN THE ENGLISH LANGUAGE, SHALL BE
ACCOMPANIED BY ONE ENGLISH TRANSLATION FOR EACH COPY OF SUCH DOCUMENTS
TO BE FURNISHED AND, IN THE EVENT OF CONFLICT, THE ENGLISH VERSION SHALL
GOVERN. EXCEPT AS OTHERWISE PROVIDED HEREIN, ALL NOTICES, REQUESTS OR
DEMANDS HEREUNDER SHALL BE DEEMED TO HAVE BEEN GIVEN OR MADE UPON THE
MAILING OF THE SAME, POSTAGE PREPAID, OR IN THE CASE OF TELEGRAPHIC
NOTICE, ON DELIVERY TO THE TELEGRAPHIC COMPANY, ADDRESSED IN THE CASE OF
THE BORROWER, TO THE EMBASSY OF ZAIRE, WASHINGTON, D.C. 20009, AND IN
THE CASE OF THE LENDER TO THE DIRECTOR, DEFENSE SECURITY ASSISTANCE
AGENCY (DSAA), THE PENTAGON, WASHINGTON, D.C. 20301.
11. THIS AGREEMENT MAY BE EXECUTED IN ANY NUMBER OF COUNTERPARTS AND
BY THE PARTIES HERETO ON SEPARATE COUNTERPARTS, EACH OF WHICH SHALL BE
DEEMED ON AN ORIGINAL BUT ALL SUCH COUNTERPARTS TO CONSTITUTE ONE AND
THE SAME INSTRUMENT.
12. ANNEXES A THROUGH D ATTACHED HERETO ARE, BY THIS REFERENCE, MADE
A PART OF THIS AGREEMENT.
IN WITNESS WHEREOF, THE PARTIES HERETO HAVE DULY EXECUTED THIS
AGREEMENT THIS 22ND DAY OF MAY 1978.
THE GOVERNMENT OF ZAIRE
COLONEL BAAKAMBALA HEKPYOWALI
DEFENSE, MILITARY, NAVAL & AIR ATTACHE
EMBASSY OF ZAIRE
U.S. $17,500,000.00, WASHINGTON, D.C.
FOR VALUE RECEIVED, THE UNDERSIGNED, THE GOVERNMENT OF ZAIRE (HEREIN
CALLED THE "BORROWER"), HEREBY PROMISES TO PAY TO THE ORDER OF THE
GOVERNMENT OF THE UNITED STATES OF AMERICA (HEREIN CALLED THE "LENDER")
SUCH SUMS AS MAY BE ADVANCED HEREUNDER BY THE LENDER. THE LENDER SHALL
NOT BE OBLIGED TO ADVANCE MORE THAN THE SUM OF $17.5 MILLION UNITED
STATES DOLLARS (U.S. $17,500,000.00) (HEREIN REFERRED TO AS THE
"COMMITMENT").
ADVANCES SHALL BE MADE FROM TIME TO TIME BY THE LENDER IN ACCORDANCE
WITH THE TERMS OF THE CREDIT AGREEMENT DATED MAY 22, 1978 BETWEEN THE
BORROWER AND THE LENDER.
ADVANCES SHALL BEAR INTEREST PAYABLE ON MAY 31 AND NOVEMBER 30 OF
EACH YEAR ON THE UNPAID PRINCIPAL BALANCE FROM DATE HEREOF AT THE RATE
OF EIGHT AND THREE-EIGHTS PER CENT PER ANNUM (8.375%) USING A 365 DAY
FACTOR, BOTH PRINCIPAL AND INTEREST TO BE PAYABLE IN LAWFUL MONEY OF THE
UNITED STATES OF AMERICA TO THE COMPTROLLER, DEFENSE SECURITY ASSISTANCE
AGENCY, (DSAA), THE PENTAGON, WASHINGTON, D.C. 20301.
ALL PAYMENTS MADE ON ACCOUNT OF THE PRINCIPAL AMOUNT REMAINING UNPAID
HEREUNDER SHALL BE ENDORSED BY THE HOLDER ON THE REVERSE SIDE OF THIS
NOTE.
WHENEVER ANY PAYMENT UNDER THIS NOTE SHALL BE DUE ON A SATURDAY,
SUNDAY, OR PUBLIC HOLIDAY UNDER THE LAWS OF THE UNITED STATES OF
AMERICA, SUCH PAYMENT MAY BE MADE ON THE NEXT SUCCEEDING BUSINESS DAY,
AND SUCH EXTENSION OF TIME SHALL, IN SUCH CASE, BE INCLUDED IN COMPUTING
INTEREST IN CONNECTION WITH SUCH PAYMENT, BUT EXCLUDED FROM THE NEXT
INTEREST PERIOD, IF ANY. IN CASE OF FAILURE OF THE BORROWER TO MAKE
PAYMENT WHEN AND AS DUE, OF ANY INSTALLMENT OR INSTALLMENTS OF PRINCIPAL
AND INTEREST UNDER THIS NOTE, THE AMOUNT PAYABLE SHALL BE THE AMOUNT OF
THE OVERDUE INSTALLMENT OR INSTALLMENTS OF PRINCIPAL AND INTEREST, PLUS
INTEREST THEREON AT THE RATE SPECIFIED HEREIN, FROM THE DUE DATE TO THE
DATE OF THE PAYMENT.
THE TOTAL AMOUNT ADVANCED HEREUNDER SHALL BE REPAID, WITH RIGHT OF
PREPAYMENT ON ANY INTEREST PAYMENT DATE, IN ACCORDANCE WITH THE
PRINCIPAL REPAYMENT SCHEDULE WHICH IS ATTACHED. PREPAYMENTS SHALL BE
ACCOMPANIED BY PAYMENT OF INTEREST ON THE AMOUNT PREPAID TO THE DATE OF
PREPAYMENT AND SHALL BE APPLIED TO THE INSTALLMENTS HEREOF IN THE
REVERSE ORDER THEIR MATURITY. ALL PAYMENTS OF PRINCIPAL AND INTEREST ON
THIS NOTE ARE PAYABLE IN IMMEDIATELY AVAILABLE FUNDS, FREE AND CLEAR OF,
AND WITHOUT DEDUCTION FOR, ANY TAXES, LEVIES, IMPOSTS, DEDUCTIONS, AND
WITHHOLDINGS WHATSOEVER NOW OR HEREAFTER IMPOSED, LEVIED, COLLECTED OR
ASSESSED WITH RESPECT THERETO BY ANY CENTRAL OR LOCAL AUTHORITY OF THE
BORROWER AND SHALL BE PAID FREE FROM ALL RESTRICTIONS OF ANY CENTRAL OR
LOCAL AUTHORITY OF THE BORROWER.
IF LESS THAN THE TOTAL OF $17,500,000.00 IS ADVANCED, THE PRINCIPAL
REPAYMENT SCHEDULE SHALL BE REDUCED IN THE REVERSE ORDER OF THE MATURITY
THEREOF TO THE EXTENT O= THE UNUSED BALANCE OF THE COMMITMENT.
UPON THE OCCURRENCE OF ANY EVENT OF DEFAULT SPECIFIED IN THE SAID
CREDIT AGREEMENT, THE ENTIRE UNPAID PRINCIPAL HEREOF AND INTEREST
THEREON TO THE DATE OF PAYMENT MAY BE DECLARED TO BE FORTHWITH DUE AND
PAYABLE AS PROVIDED IN SAID CREDIT AGREEMENT. THE BORROWER AGREES TO
PAY ALL OUT-OF-POCKET COSTS AND EXPENSES IN CONNECTION WITH COLLECTION
AFTER DEFAULT OF THIS NOTE (INCLUDING THE REASONABLE FEES AND
OUT-OF-POCKET EXPENSES OF COUNSEL) AS WELL AS ALL STAMP AND SIMILAR
TAXES, IF ANY, NOW OR HEREAFTER IN EFFECT, AND TO SAVE THE HOLDER OF THE
NOTE HARMLESS FROM ANY AND ALL LIABILITIES WITH RESPECT TO OR RESULTING
FROM ANY DELAY OR OMISSION TO PAY SUCH TAXES.
THE FIRST $921,052.63 WILL BE REPAID ON 31 MAY 1981
THE NEXT $921,052.63 WILL BE REPAID ON 30 NOVEMBER 1981
THE NEXT $921,052.63 WILL BE REPAID ON 31 MAY 1982
THE NEXT $921,052.63 WILL BE REPAID ON 30 NOVEMBER 1982
THE NEXT $921,052.63 WILL BE REPAID ON 31 MAY 1983
THE NEXT $921,052.63 WILL BE REPAID ON 30 NOVEMBER 1983
THE NEXT $921,052.63 WILL BE REPAID ON 31 MAY 1984
THE NEXT $921,052.63 WILL BE REPAID ON 30 NOVEMBER 1984
THE NEXT $921,052.63 WILL BE REPAID ON 31 MAY 1985
THE NEXT $921,052.63 WILL BE REPAID ON 30 NOVEMBER 1985
THE NEXT $921,052.63 WILL BE REPAID ON 31 MAY 1986
THE NEXT $921,052.63 WILL BE REPAID ON 30 NOVEMBER 1986
THE NEXT $921,052.63 WILL BE REPAID ON 31 MAY 1987
THE NEXT $921,052.63 WILL BE REPAID ON 30 NOVEMBER 1987
THE NEXT $921,052.63 WILL BE REPAID ON 31 MAY 1988
THE NEXT $921,052.63 WILL BE REPAID ON 30 NOVEMBER 1988
THE NEXT $921,052.63 WILL BE REPAID ON 31 MAY 1989
THE NEXT $921,052.63 WILL BE REPAID ON 30 NOVEMBER 1989
THE LAST $921,052.63 WILL BE REPAID ON 31 MAY 1990
WHEN FUNDS FROM THIS CREDIT AGREEMENT ARE TO BE USED TO PAY A
COMMERCIAL SUPPLIER, THE BORROWER MUST PROVIDE THE FOLLOWING SUPPORTING
DOCUMENTS AND CERTIFICATES ALONG WITH THE LETTER REQUESTING THE ADVANCE.
1. TO BE PREPARED BY THE COMMERCIAL SUPPLIER.
A. AN INVOICE, WHICH HAS BEEN PREPARED IN ACCORDANCE WITH THE
RELEVANT PROVISIONS OF THE PURCHASE AGREEMENT BETWEEN THE BORROWER AND
THE COMMERCIAL SUPPLIER, COVERING THE MATERIEL AND SERVICES FOR WHICH
PAYMENT IS TO BE RECEIVED FROM THIS ADVANCE. THE INVOICE SHOULD, AS A
MINIMUM (1) LIST ITEMS FOR WHICH PAYMENT IS REQUESTED OR IDENTIFY THE
WORK IN PROGRESS FOR WHICH PAYMENT IS REQUESTED; (2) REFLECT THE AMOUNT
AND DATE PAYMENT IS DUE; (3) INDICATE BY SEPARATE ENTRY THE AMOUNT
INCLUDED IN THE INVOICE FOR TRANSPORTATION AND RELATED COSTS; AND, IF
TRANSPORTATION IS INVOICED FOR DELIVERY TO A PORT OUTSIDE THE UNITED
STATES, (4) STATE THE NAME OF THE CARRIER(S) OF THE MATERIEL FROM THE
U.S. PORT OF EMBARKATION.
B. A COPY OF EACH BILL OF LADING (A RATED, "ON-BOARD" BILL OF LADING)
CONNECTED WITH THE INVOICE. IF AN INVOICE HAS NO COST ENTRY FOR
TRANSPORTATION FROM A UNITED STATES PORT OF EMBARKATION THE SUPPLIER
WILL INCLUDE A CERTIFICATION WITH THE INVOICE AS FOLLOWS:
THE (COMMERCIAL SUPPLIER) ACKNOWLEDGES THAT UNITED STATES GOVERNMENT
FUNDS ARE BEING USED
BY THE (BORROWER) TO FINANCE THE MATERIEL INCLUDED IN THIS INVOICE
AND CERTIFIES THAT NO
CHARGES OF ANY NATURE ARE INCLUDED AND REQUIRED OF THE (BORROWER) IN
CONNECTION WITH THIS
INVOICE FOR TRANSPORTATION FROM A UNITED STATES PORT OF EMBARKATION.
C. A STATEMENT BY THE COMMERCIAL SUPPLIER ACCOMPANYING EACH INVOICE,
OR MADE PART OF A CONTRACT APPROVED BY DOD BETWEEN THE BORROWER AND THE
COMMERCIAL SUPPLIER COVERING THE MATERIEL AND SERVICES FOR WHICH PAYMENT
IS REQUESTED:
(COMMERCIAL SUPPLIER) CONFIRMS THAT AUTHORIZED REPRESENTATIVES OF THE
GOVERNMENT OF THE
UNITED STATES SHALL HAVE ACCESS TO AND THE RIGHT TO EXAMINE ANY
DIRECTLY RELATED BOOKS,
DOCUMENTS, PAPERS, OR RECORDS WHICH INVOLVE TRANSACTIONS RELATING TO
THIS SALE FOR A PERIOD OF
THREE YEARS IMMEDIATELY FOLLOWING THE RECEIPT OF FINAL PAYMENT
THEREFORE, AND ALSO CONFIRMS
THAT THE MATERIEL FOR WHICH PAYMENT IS REQUESTED ARE UNITED STATES
SOURCE AND PRODUCTS.
D. IF A COMMERCIAL SUPPLIER REQUIRES PAYMENT IN ADVANCE FOR WORK YET
TO BE PERFORMED, AS DISTINGUISHED FROM PAYMENT FOR DELIVERY OF DEFENSE
ITEMS OR REIMBURSEMENT IN THE FORM OF THE PROGRESS PAYMENTS FOR WORK OR
SERVICES FORTH THE UNDERTAKING OF THE SUPPLIER TO MAINTAIN THE FULL
AMOUNT OF THE ADVANCE IN A SEGREGATED ACCOUNT WHICH WILL BE APPLIED
SOLELY TO THE PERFORMANCE OF THE SUPPLIER'S OBLIGATIONS UNDER THE
PURCHASE ARRANGEMENT WITH THE BORROWER.
DEAR SIR:
IN IMPLEMENTATION OF PARAGRAPH 2 OF THE CREDIT AGREEMENT BETWEEN YOUR
GOVERNMENT AND THE GOVERNMENT OF THE UNITED STATES, AND IN RESPONSE TO
YOUR REQUEST OF . . ., THE FOLLOWING PURCHASE ARRANGEMENT IS HEREBY
AUTHORIZED:
SUPPLIER NUMBER CONTRACT/PURCHASE THIS PURCHASE
CREDIT AGREEMENT NUMBER
A DISBURSEMENT AS NOTED BELOW IS HEREBY AUTHORIZED PURSUANT TO THE
TERMS OF CREDIT AGREEMENT (DATED) BETWEEN THE GOVERNMENT OF . . . AND
THE GOVERNMENT OF THE UNITED STATES OF AMERICA.
THE GOVERNMENT OF (BORROWER) CONFIRMS THAT (THE DEFENSE ITEMS SET
FORTH HEREIN HAVE BEEN SATISFACTORILY RECEIVED) (THE WORD OR SERVICES
FOR WHICH PROGRESS PAYMENTS ARE REQUESTED HAS BEEN SATISFACTORILY
RENDERED) AND THAT PAYMENT IS DUE UNDER THE PURCHASE ARRANGEMENT, (CASE
IDENTIFIER) FOR THE PURCHASE OF (DEFENSE ITEMS) (SERVICES) FROM
(SUPPLIER), AND CERTIFIES THAT THE BILL IS CORRECT, JUST, AND HAS NOT
BEEN PREVIOUSLY PAID BY DOD.
THE BORROWER FURTHER CONFIRMS THAT SAID PURCHASE ARRANGEMENT IS ONE
OF THE PURCHASE ARRANGEMENTS APPROVED AND AUTHORIZED BY DOD PURSUANT TO
THE AFORESAID CREDIT AGREEMENT, AND THAT CUMULATIVE TOTAL OF THIS
INVOICE AND INVOICES PREVIOUSLY PAID BY DOD AGAINST SAID PURCHASE
ARRANGEMENT DOES NOT EXCEED THE AGGREGATE CREDIT CEILING ESTABLISHED BY
DOD FOR THE SAID PURCHASE ARRANGEMENT.
DISBURSEMENT AMOUNT: $
DISBURSEMENT DATE:
PAY TO:
1. THIS EXHIBIT OUTLINES THE PROCEDURES FOR OBTAINING A WAIVER OF
THE REQUIREMENT THAT DEFENSE ITEMS BE TRANSPORTED IN PRIVATELY OWNED
VESSELS OF UNITED STATES REGISTRY.
2. IF A WAIVER OF THE REQUIREMENT FOR SHIPPING MATERIEL IN OCEAN
VESSELS OF U.S. REGISTRY IS NECESSARY, THE BORROWER SHOULD REQUEST SUCH
WAIVER FROM EITHER THE DIRECTOR, DEFENSE SECURITY ASSISTANCE AGENCY,
ROOM 4E837, THE PENTAGON, DEPARTMENT OF DEFENSE, WASHINGTON, D.C. 20301,
OR THE DIRECTOR OFFICE OF MARKET DEVELOPMENT, MARITIME ADMINISTRATION,
U.S. DEPARTMENT OF COMMERCE, WASHINGTON, D.C. 20230, AS DIRECTED IN
PARAGRAPHS 3-6 BELOW. REQUESTS FOR WAIVERS ARE CATEGORIZED AS: (A)
GENERAL; (B) NON-AVAILABILITY; AND (C) SECURITY. A DESCRIPTION OF
THESE WAIVERS AND THE PROCEDURES CONNECTED WITH EACH FOLLOW.
3. GENERAL WAIVERS
A. CONSIDERATION WILL BE GIVEN TO WAIVER APPLICATIONS TO AUTHORIZE
OCEAN VESSELS FLYING THE FLAG OF THE BORROWER TO PARTICIPATE IN THE
TRANSPORTATION OF CARGO GENERATED UNDER THE AGREEMENT PROVIDED THE
BORROWER DOES NOT DISCRIMINATE AGAINST UNITED STATES FLAG VESSELS IN THE
CARRIAGE OF THE EXPORTS OR IMPORTS OF THE BORROWER. APPROVAL MAY BE
GRANTED FOR THE BORROWER'S FLAG VESSELS TO CARRY UP TO, BUT NOT IN
EXCESS OF 50 PERCENT OF THE CARGO UNDER THE AGREEMENT. OCEAN FREIGHT
REVENUE IS THE MAIN CRITERION FOR DETERMINING FLAG PARTICIPATION BUT
CARGO VALUATION SHALL ALSO BE TAKEN INTO CONSIDERATION. ACCORDINGLY,
THROUGHOUT THE LIFE OF THE AGREEMENT, U.S. FLAG VESSELS SHALL NOT
RECEIVE LESS THAN 50% OF THE CARGO VALUATION AND OCEAN FREIGHT REVENUE
INSOFAR AS PRACTICABLE.
B. APPLICATIONS FOR GENERAL WAIVER SHOULD BE SUBMITTED AS SOON AS
PRACTICABLE AFTER DETERMINATION HAS BEEN MADE TO USE THE BORROWER'S FLAG
VESSELS BUT AT LEAST TWENTY-ONE (21) DAYS IN ADVANCE OF INTENDED
SHIPPING DATES TO ENABLE VERIFICATION OF THE TREATMENT ACCORDED VESSELS
OF U.S. REGISTRY AND TO PROCESS THE APPLICATION. APPLICATIONS SHOULD BE
SUBMITTED TO THE DIRECTOR, DEFENSE SECURITY ASSISTANCE AGENCY, ROOM
4E837, THE PENTAGON, DEPARTMENT OF DEFENSE, WASHINGTON, D.C. 20301, WITH
A COPY TO THE DIRECTOR, OFFICE OF MARKET DEVELOPMENT, MARITIME
ADMINISTRATION U.S. DEPARTMENT OF COMMERCE, WASHINGTON, D.C. 20230.
C. SUBSEQUENT TO THE GRANTING OF A GENERAL WAIVER, IF IT OCCURS THAT
NEITHER UNITED STATES FLAG VESSELS NOR THE BORROWER'S FLAG VESSELS ARE
AVAILABLE, CONSIDERATION WILL BE GIVEN TO SPECIFIC WAIVER APPLICATIONS
TO AUTHORIZE, ON A SHIPMENT-BY-SHIPMENT BASIS, THE USE THIRD COUNTRY
FLAG VESSELS. APPLICATIONS FOR THE USE OF A THIRD FLAG VESSEL UNDER AN
APPROVED GENERAL WAIVER SHOULD BE SUBMITTED AT LEAST 21 DAYS PRIOR TO
THE INTENDED SHIPPING DATE TO ALLOW TIME TO PROCESS THE APPLICATION. IF
A VESSEL FOR A CARGO CARRIED BY THE THIRD FLAG VESSEL SHALL BE RECORDED
AGAINST THE BORROWER'S FLAG VESSELS' PORTION OF THE CARGO AVAILABLE
UNDER THE GENERAL WAIVER.
4. NON-AVAILABILITY WAIVERS
A. CONSIDERATION WILL BE GIVEN TO WAIVER APPLICATIONS TO AUTHORIZE
USE OF OTHER THAN UNITED STATES FLAG VESSELS IN THOSE CASES OF
NON-AVAILABILITY OF UNITED STATES FLAG VESSELS OR IN INSTANCES OF
NON-AVAILABILITY OF UNITED STATES FLAG VESSELS AT REASONABLE RATES.
B. APPLICATIONS FOR NON-AVAILABILITY WAIVERS TO PERMIT USE OF THE
BORROWER'S FLAG VESSELS NEED NOT BE SUBMITTED IF A GENERAL WAIVER HAS
BEEN APPROVED AND THE BORROWER WILL USE U.S. FLAG VESSELS TO CARRY OVER
50 PERCENT OF THE CARGO UNDER THE AGREEMENT. APPLICATIONS ARE REQUIRED
WHERE A GENERAL WAIVER (1) HAS NOT BEEN APPLIED FOR, (2) HAS NOT BEEN
APPROVED, OR (3) HAS BEEN APPROVED BUT, ON A SHIPMENT-BY-SHIPMENT BASIS,
U.S. FLAG VESSELS ARE NOT AVAILABLE OR NOT AVAILABLE AT REASONABLE RATES
AND SHIPMENTS ON BORROWER'S AGREEMENT. IF A GENERAL WAIVER HAS BEEN
APPROVED BUT U.S. FLAG VESSELS ARE NOT AVAILABLE OR NOT AVAILABLE AT
REASONABLE RATES, EFFORT SHOULD BE MADE TO SHIP DEFENSE ARTICLES UNDER
THE BORROWER'S PORTION OF THE GENERAL WAIVER. THUS, APPLICATIONS FOR
NON-AVAILABILITY WAIVERS, WHERE A GENERAL WAIVER HAS BEEN APPROVED,
SHOULD BE SUBMITTED ONLY UNDER UNUSUAL CIRCUMSTANCES.
C. APPLICATIONS ON THE BASIS OF NON-AVAILABILITY OF VESSELS OF UNITED
STATES REGISTRY MUST ESTABLISH AND DOCUMENT THAT THE BORROWER HAS MADE A
REASONABLE, TIMELY AND BONA FIDE EFFORT TO ARRANGE SHIPMENT ON OCEAN
VESSELS OF UNITED STATES REGISTRY AND THAT SUCH OCEAN VESSELS ARE NOT
AVAILABLE. SUCH APPLICATIONS MUST BE SUBMITTED AT LEAST 21 DAYS IN
ADVANCE OF THE INTENDED SHIPPING DATE TO ENABLE VERIFICATION OF
NON-AVAILABILITY OF VESSELS OF UNITED STATES REGISTRY AND TO PROCESS THE
APPLICATION.
D. APPLICATIONS ON THE BASIS OF NON-AVAILABILITY OF VESSELS OF UNITED
STATES REGISTRY AT REASONABLE RATES MUST ESTABLISH AND DOCUMENT ALL
APPLICABLE COMPARATIVE RATES AND SHOULD BE SUBMITTED AT LEAST 21 DAYS IN
ADVANCE OF THE INTENDED SHIPPING DATE TO ENABLE VERIFICATION OF
NON-AVAILABILITY OF VESSELS OF UNITED STATES REGISTRY AT REASONABLE
RATES AND TO PROCESS THE APPLICATION.
E. APPLICATIONS FOR NON-AVAILABILITY WAIVERS MUST BE SUBMITTED BY THE
BORROWER, OR ON ITS BEHALF BY ITS SHIPPING AGENT OR SUPPLIER, ON A
SHIPMENT-BY-SHIPMENT BASIS. APPLICATIONS SHOULD BE SUBMITTED TO THE
DIRECTOR OFFICE OF MARKET DEVELOPMENT, MARITIME ADMINISTRATION, U.S.
DEPARTMENT OF COMMERCE, WASHINGTON, D.C. 20230, WITH A COPY TO THE
DIRECTOR, DEFENSE SECURITY ASSISTANCE AGENCY, ROOM 4E837, THE PENTAGON,
DEPARTMENT O= DEFENSE, WASHINGTON, D.C. 20301.
F. EACH APPLICATION FOR A NON-AVAILABILITY WAIVER SHOULD CONTAIN THE
FOLLOWING INFORMATION:
1. IDENTIFICATION AND ADDRESS OF THE APPLICANT
2. RECIPIENT COUNTRY
3. DATE AND SOURCE OF LOAN (FFB, ETC.)
4. SUPPLIER AND/OR EXPORTER
5. LIST AND DESCRIPTION OF COMMODITIES TO BE SHIPPED
6. FAS VALUE OF COMMODITIES
7. SHIPPING DATE
8. LOADING PORT
9. DISCHARGE PORT
10. ESTIMATED OCEAN FREIGHT COST
11. PROPOSED VESSEL(S) TO BE USED
12. WEIGHT OF SHIPMENT
13 CUBE MEASUREMENT O= SHIPMENT
14. ORIGINAL POINT OF PRODUCTION
SECURITY WAIVERS
A. WHERE SABOTAGE MAY REASONABLY BE EXPECTED, OR A STATE OF EMERGENCY
EXISTS, SO THAT EXTRAORDINARY SECURITY PRECAUTIONS ARE REQUIRED,
CONSIDERATION WILL BE GIVEN TO AUTHORIZED VESSELS FLYING THE BORROWER'S
FLAG TO TRANSPORT A SPECIFIC SHIPMENT OR SERIES OF SHIPMENTS OF CARGO
FINANCED WITH THIS LOAN.
B. APPLICATION FOR SECURITY WAIVERS NEED NOT BE SUBMITTED IF A
GENERAL WAIVER HAS BEEN APPROVED AND THE BORROWER WILL USE U.S. FLAG
VESSELS TO CARRY OVER 50 PERCENT OF THE VALUE OF THE CARGO BEING
FINANCED UNDER THE AGREEMENT. APPLICATIONS ARE REQUIRED WHERE A GENERAL
WAIVER (1) HAS NOT BEEN APPLIED FOR, (2) HAS NOT BEEN APPROVED, OR (3)
HAS BEEN APPROVED BUT ON A SHIPMENT-BY-SHIPMENT BASIS, USE OF THE
BORROWER'S FLAG VESSELS WILL EXCEED 50 PERCENT OF THE CARGO UNDER THIS
AGREEMENT. IF A GENERAL WAIVER HAS BEEN APPROVED, DEFENSE ARTICLES AND
EQUIPMENT INVOLVING SPECIAL SECURITY OR SAFETY REQUIREMENTS SHOULD BE
SHIPPED UNDER THE BORROWER'S PORTION OF THE CARGO AVAILABLE UNDER THE
GENERAL WAIVER. THEREFORE, WAIVER APPLICATIONS FOR SECURITY OR SAFETY
REASONS WHERE A GENERAL WAIVER HAS BEEN APPROVED SHOULD BE SUBMITTED
ONLY UNDER UNUSUAL CIRCUMSTANCES:
C. APPLICATIONS FOR SECURITY WAIVERS MUST PROVIDE INFORMATION ABOUT
THE SPECIFIC SECURITY OR SAFETY REQUIREMENTS INVOLVED, AS WELL AS OTHER
IDENTIFYING INFORMATION ABOUT THE SHIPMENT(S).
D. SECURITY WAIVER APPLICATIONS SHOULD BE SENT BY THE BORROWER TO THE
DIRECTOR, DEFENSE SECURITY ASSISTANCE AGENCY, ROOM 4E837, THE PENTAGON,
DEPARTMENT OF DEFENSE, WASHINGTON, D.C. 20301, WITH A COPY TO THE
DIRECTOR, OFFICE OF MARKET DEVELOPMENT, MARITIME ADMINISTRATION, U.S.
DEPARTMENT OF COMMERCE, WASHINGTON, D.C. 20230. APPLICATIONS SHOULD BE
FORWARDED AT LEAST 21 DAYS IN ADVANCE OF THE INTENDED SHIPMENT(S) DATES
TO ENABLE VERIFICATION OF THE SECURITY OR SAFETY REQUIREMENTS AND TO
PROCESS THE APPLICATION.
1. THE BORROWER SHALL PROVIDE TO DSAA A WRITTEN COMMUNICATION,
SUBSTANTIALLY IN THE FORM SHOWN BELOW, THAT EVIDENCES THE AUTHORITY FOR
SPECIFICALLY NAMED INDIVIDUALS TO SIGN THE CREDIT DOCUMENTS ON ITS
BEHALF. AS A MINIMUM THE COMMUNICATION WILL CONTAIN THE NAME, TITLE,
AND SPECIMEN SIGNATURE OF THE DESIGNATED INDIVIDUALS.
DIRECTOR
DEFENSE SECURITY ASSISTANCE AGENCY
ROOM 4E841, THE PENTAGON
WASHINGTON, D.C. 20301
DEAR SIR:
THE FOLLOWING OFFICIALS OF THE GOVERNMENT OF ZAIRE ARE DULY
AUTHORIZED TO EXECUTE AND DELIVER DOCUMENTS AS INDICATED BELOW IN
CONNECTION WITH A CREDIT AGREEMENT IN THE AMOUNT OF $17,500,000 BETWEEN
THE GOVERNMENT OF THE UNITED STATES AND THIS GOVERNMENT:
A. CREDIT AGREEMENT:
TYPED NAME:
SIGNATURE:
TITLE:
B. PROMISSORY NOTE:
TYPED NAME:
SIGNATURE:
TITLE:
C. REQUESTS FOR DISBURSEMENT AND SUCH OTHER DOCUMENTS AS MAY BE
REQUIRED UNDER THIS CREDIT AGREEMENT:
TYPED NAME:
SIGNATURE:
TITLE:
2. THE DESIGNATION OF AUTHORITY LETTER SHALL BE SIGNED BY AN
APPROPRIATE PERSON EMPOWERED UNDER THE LAWS OF THE BORROWER TO DELEGATE
TO SELECTED OFFICIALS AUTHORITY TO SIGN DEBT OBLIGATIONS AND OTHER
DOCUMENTS, AS STATED, IN THE NAME OF ITS GOVERNMENT. THE BORROWER SHALL
SUBMIT A DESIGNATION OF AUTHORITY LITTER TO DSAA CONTAINING THE NAMES
AND SIGNATURES OF NEWLY DESIGNATED OFFICIALS WHENEVER CHANGES OCCUR.
UNITED KINGDOM 25 APR 1978 FLITE DOCUMENT NO. 7900107
MEMORANDUM OF UNDERSTANDING EXECUTED 19 APRIL AND 15 APRIL 1978.
MEMORANDUM OF UNDERSTANDING FOR A COOPERATIVE DEEP SUBMERGENCE RESCUE
PROGRAM.
1.1 THIS MEMORANDUM OF UNDERSTANDING (MOU) SETS FORTH ARRANGEMENTS
BETWEEN THE UNITED STATES DEPARTMENT OF THE NAVY (U.S.) AND THE UNITED
KINGDOM MINISTRY OF DEFENCE (NAVY) (U.K.) FOR A COOPERATIVE DEEP
SUBMERGENCE RESCUE SYSTEM PROGRAM.
2.1 THE U.S. HAS DEVELOPED A DEEP SUBMERGENCE RESCUE SYSTEM (DSRS)
WHICH IS DESIGNED TO UTILIZE SMALL, HIGHLY MANEUVERABLE SUBMERSIBLES,
DEEP SUBMERGENCE RESCUE VEHICLES (DSRVS), TO RESCUE THE CREWS FROM
SPCEIFICALLY CONFIGURED DISABLED SUBMARINES. THE DSRS CAN BE AIR
TRANSPORTED AND IS SUPPORTED AT SEA BY CATAMARAN-HULLED ASR-21 CLASS
SHIPS OR MODIFIED SSN MOTHER SUBMARINES.
2.2 THE U.K. INTENDS TO MODIFY THREE SSBNS FOR THE MOTHER SUBMARINE
ROLE AND EQUIP NUCLEAR SUBMARINES AND CERTAIN PATROL SUBMARINES TO
ACCEPT THE DSRV FOR RESCUE.
2.3 THE OBJECT OF THE MOU IS TO ENSURE THAT:
A. U.K. SSBNS ARE PROPERLY MODIFIED AS MOTHER SUBMARINES.
B. U.K. MOTHER SUBMARINES HAVE SUFFICIENT DOCUMENTATION, TRAINING AND
EXPERTISE JOINTLY CONSIDERED NECESSARY TO ENSURE THE SUCCESSFUL CONDUCT
OF A RESCUE OPERATION OF A DISABLED U.S., U.K., OR OTHER NATION'S
SUBMARINE FITTED TO RECEIVE A DSRV.
C. DESIGNATED U.K. SUBMARINES ARE CORRECTLY FITTED TO RECEIVE A DSRV.
D. DESIGNATED U.K. PERSONNEL HAVE SUFFICIENT KNOWLEDGE TO TRAIN THE
PERSONNEL OF U.K. MOTHER SUBMARINES AND SUBMARINES FITTED TO RECEIVE
DSRVS IN DSRV RESCUE OPERATIONS.
3.1 EACH GOVERNMENT WILL APPOINT ONE PROJECT COORDINATOR AND ONE
TECHNICAL DIRECTOR. THE PROJECT COORDINATOR WILL SERVE AS THE
RESPONSIBLE LIAISON AND SUPERVISORY OFFICIAL FOR THE PROJECT. THE
TECHNICAL DIRECTOR WILL PROVIDE TECHNICAL ASSISTANCE TO THE PROJECT
COORDINATOR AND WILL BE THE POINT OF CONTACT FOR THE EXCHANGE OF
TECHNICAL INFORMATION. THE PROJECT COORDINATORS MAY BE ASSISTED BY A
LOCAL PROJECT COORDINATOR AND PROJECT OFFICERS AS CONSIDERED APPROPRIATE
BY THEIR RESPECTIVE ORGANIZATIONS. ANNEX A IDENTIFIES THE ORGANIZATIONS
INVOLVED AND THE INDIVIDUALS WHO WILL INITIALLY SERVE AS PROJECT
COORDINATORS, TECHNICAL ADVISORS AND PROJECT OFFICERS.
3.2 DIRECT CORRESPONDENCE IS AUTHORIZED BETWEEN PROJECT COORDINATORS,
LOCAL PROJECT COORDINATORS AND TECHNICAL DIRECTORS FOR THE PURPOSE OF
COORDINATION OF VISITS AND OTHER ROUTINE MATTERS PERTAINING TO THEIR
RESPONSIBILITIES IN IMPLEMENTATION OF THIS PROGRAM AND FOR THE EXCHANGE
OF UNCLASSIFIED TECHNICAL INFORMATION.
4.1 THE FOLLOWING ITEMS WILL BE COVERED BY THIS MOU:
(1) PROVISION OF TECHNICAL DOCUMENTATION
(2) POST MODIFICATION FITCHECKS
(3) FAMILIARIZATION
(4) FLYAWAY EXERCISE
(5) MOTHER SUBMARINE AVAILABILITY
(6) CLAIMS
4.2 TECHNICAL DOCUMENTATION. THE U.S. WILL PROVIDE THE U.K., AT NO
COST, ALL NECESSARY DOCUMENTATION PERTAINING TO MOTHER SUBMARINE
MODIFICATIONS. UPDATED TECHNICAL INFORMATION WILL ALSO BE PROVIDED
SHOULD MODIFICATIONS BE MADE TO THE DSRV THAT WOULD AFFECT THE MOTHER
SUBMARINE INSTALLATION OR THE ABILITY OF DESIGNATED U.K. SUBMARINES TO
RECEIVE THE DSRV. THE POINTS OF CONTACT FOR THE PROVISION OF TECHNICAL
INFORMATION ARE THE TECHNICAL DIRECTORS LISTED IN ANNEX A.
4.3 FITCHECKS. THE U.S. WILL ACCOMPLISH POST-MODIFICATION FITCHECKS
ON EACH U.K. MOTHER SUBMARINE. FITCHECKS WILL BE ACCOMPLISHED IN TWO
PHASES. PHASE I WILL CONSIST OF INITIAL INSTALLATION CHECKOUTS BY TWO
OR THREE U.S. PERSONNEL. PHASE II WILL CONSIST OF THE TEMPORARY
INSTALLATION AND OPERATION OF MOTHER SUBMARINE TACTICAL EQUIPMENT ON
U.K. SSBNS BY FIVE OR SIX U.S. PERSONNEL. THE U.S. WILL FUND PAY,
ALLOWANCES, TRAVEL, BERTHING AND MESSING OF ALL FITCHECK PERSONNEL.
SHIPPING OF FITCHECK EQUIPMENT TO THE U.K. SSBNS WILL BE FUNDED BY THE
U.S. RETURN SHIPMENTS OF FITCHECK EQUIPMENT WILL BE FUNDED BY THE U.K.
ALL TRANSPORTATION, STORAGE AND HANDLING OF FITCHECK EQUIPMENT WHILE IN
THE U.K. WILL BE FUNDED BY THE U.K. THE U.K. ASSUMES LIABILITY FOR LOSS
OF OR DAMAGE TO FITCHECK EQUIPMENT WHILE IN THE U.K. AND IN U.K.
CUSTODY.
4.4 FAMILIARIZATION. THE U.S. WILL PROVIDE, AT NO COST TO THE U.K.,
MOTHER SUBMARINE FAMILIARIZATION FOR U.K. TECHNICAL AND OPERATIONAL
PERSONNEL. FAMILIARIZATION TRAINING WILL BE CONDUCTED IN CONJUNCTION
WITH FITCHECKS AND BY U.S. FITCHECK PERSONNEL.
4.5 FLYAWAY EXERCISE. THE ORGANIZATION AND EXECUTION OF ALL DSRS
FLYAWAY EXERCISES WHICH MAY BE CONDUCTED WILL BE PROMULGATED BY A
SEPARATE JOINT OPERATION ORDER. FUNDING FOR FLYAWAY EXERCISES WILL BE
COVERED BY THIS MOU. THE U.S. WILL FUND ALL HANDLING AND TRANSPORTATION
COSTS ASSOCIATED WITH FLYING THE DSRS TO THE U.K. FOR A TRAINING
FLYAWAY USING A U.K. MOTHER SUBMARINE, THE U.K. WILL FUND ALL
TRANSPORTATION, HANDLING AND STORAGE WHILE THE DSRS IS IN THE U.K., THE
TRANSPORTATION COSTS ASSOCIATED WITH FLYING THE DSRS BACK TO THE U.S.
AND WILL PROVIDE BERTHING AND MESSING FOR ALL U.S. FLYAWAY PERSONNEL.
4.6 MOTHER SUBMARINE AVAILABILITY. SO LONG AS THEY ARE AVAILABLE,
THE U.K. MOTHER SUBMARINES WILL, AT NO COST TO THE U.S., SUPPORT THE
RESCUE OF THE CREW OF A DISABLED U.S. SUBMARINE IF REQUIRED.
4.7 CLAIMS. CLAIMS ARISING OUT OF THIS MOU WILL BE GOVERNED BY THE
PROVISIONS OF ARTICLE VIII OF THE AGREEMENT BETWEEN THE PARTIES TO THE
NORTH ATLANTIC REGARDING THE STATUS OF THEIR FORCES, SIGNED AT LONDON,
JUNE 19, 1951.
5.1 IT IS INTENDED THAT THIS COOPERATIVE PROGRAM WILL CONTINUE UNTIL
BOTH PARTICIPANTS ARE SATISFIED THAT ITS OBJECTIVES HAVE BEEN ATTAINED.
EITHER PARTY MAY, HOWEVER, TERMINATE THE PROGRAM AT ANY TIME. ANY
PROPOSAL FOR TERMINATION WILL BE THE SUBJECT OF IMMEDIATE CONSULTATION
BETWEEN THE UNITED STATES DEPARTMENT OF THE NAVY AND UNITED KINGDOM
MINISTRY OF DEFENCE (NAVY). THE PROVISIONS OF SECTIONS 4.6, 4.7, AND
7.1 WILL REMAIN IN EFFECT, NOTWITHSTANDING THE TERMINATION OF THE
PROGRAM.
6.1 THIS MOU WILL BE EFFECTIVE AS OF THE DATE OF THE LAST SIGNATURE.
7.1 ALL CLASSIFIED MATERIAL AND INFORMATION PROVIDED, HELD OR USED IN
CONNECTION WITH THIS MOU WILL BE AFFORDED BY THE RECIPIENT GOVERNMENT
THE SAME DEGREE OF PROTECTION AS IS AFFORDED TO ITS OWN MATERIAL AND
INFORMATION OF EQUIVALENT CLASSIFICATION, AND WILL NOT BE RELEASED TO A
THIRD COUNTRY WITHOUT THE EXPRESS WRITTEN CONSENT OF THE ORIGINATING
GOVERNMENT. THE AUTHORIZATION OF VISITS INVOLVING ACCESS TO CLASSIFIED
INFORMATION WILL BE MUTUALLY AGREED BETWEEN THE TWO GOVERNMENTS.
FOR THE UNITED KINGDOM
MINISTRY OF DEFENCE (NAVY)
DATE 25 APRIL 1978
DIRECTOR, NAVAL WARFARE CHIEF OF NAVAL OPERATIONS
PROJECT COORDINATOR: CAPT (OP-23)
G. A. S. PAUL, RN PROJECT COORDINATOR: RADM
DIRECTOR, GENERAL SHIPS CHIEF OF NAVAL MATERIAL
DIRECTOR PROJECT TEAM
SUBMARINES COMMANDER NAVAL SEA SYSTEMS
ASSISTANT DIRECTOR: COMMAND (PMS-395)
SUBMARINES CONSTRUCTIVE/A TECHNICAL DIRECTOR: CAPT
MR. G. H. FULLER F. WADSWORTH, USN
COMMANDER IN CHIEF, FLEET COMMANDER IN CHIEF, U.S.
FLAG OFFICER SUBMARINES NAVAL FORCES, EUROPE
FLOTILLA ESCAPE, RESCUE &
DIVING OFFICER COMMANDER IN CHIEF, U.S.
PROJECT OFFICER: CDR B. O. PACIFIC FLEET
FORBES, RN
BRITISH NAVAL STAFF COMMANDER SUBMARINE FORCE
WASHINGTON, DC PACIFIC
LOCAL PROJECT COORDINATOR:
CDR J. ROUND-TURNER, RN COMMANDER, SUBMARINE
FRANCE 15 AUG 1978 FLITE DOCUMENT NO. 7900106
SUPPLEMENT NO. 2 TO THE MEMORANDUM OF UNDERSTANDING, EXECUTED 31
MARCH AND 15 AUGUST 1978.
SUPPLEMENT NO. 2 TO THE MEMORANDUM OF UNDERSTANDING EXTENDS THE
COOPERATIVE PROJECT IN HELICOPTER DYNAMICS FOR THREE (3) YEARS BEYOND
THE COMPLETION DATE OF SUPPLEMENT NO. 1 (OR UNTIL 16 DECEMBER 1980).
1. THE MEMORANDUM OF UNDERSTANDING FOR A COOPERATIVE PROJECT IN
HELICOPTER DYNAMICS BETWEEN THE UNITED STATES AND FRANCE, EFFECTIVE 16
DECEMBER 1971, SETS FORTH DETAILED ARRANGEMENTS FOR ACCOMPLISHING THE
PROJECT. SUPPLEMENT NO. 2 EXTENDS THIS PROJECT FOR THREE YEARS BEYOND
THE COMPLETION DATE OF SUPPLEMENT NO. 1 (OR UNTIL 16 DECEMBER 1980),
UNLESS TERMINATED SOONER UNDER THE CONDITIONS OF ARTICLE XIII.
2. DURING THE THREE-YEAR EXTENSION (UNTIL 16 DECEMBER 1980), EACH
GOVERNMENT WILL EXPEND APPROXIMATELY FIVE MAN YEARS PER YEAR OF
SCIENTIFIC EFFORT (FIVE PROFESSIONAL SCIENTISTS/ENGINEERS WITH
APPROPRIATE SUPPORT) UNDER THIS COOPERATIVE PROJECT, IN GOVERNMENT
AND/OR CONTRACTOR ESTABLISHMENTS.
3. THE FOLLOWING CHANGES IN SCOPE OF THE ORIGINAL MEMORANDUM OF
UNDERSTANDING ARE MADE TO REFLECT ITS CONTINUATION FOR THE ADDITIONAL
THREE YEARS:
A. ANNEX A SHOULD BE REVISED TO READ AS SHOWN IN APPENDIX 1 TO THIS
SUPPLEMENT NO. 2.
4. THIS SUPPLEMENT IS EFFECTIVE AS OF DATE OF LAST SIGNATURE HERETO.
FOR THE GOVERNMENT OF HERBERT W. LEISNER FOR THE GOVERNMENT OF
THE UNITED STATES
BRYANT R. DUNETZ 3/31/78
ASSISTANT DEPUTY FOR
INTERNATIONAL RESEARCH
AND DEVELOPMENT
1. PURPOSE
IN THE SEARCH FOR MEANS OF ACHIEVING IMPROVED PERFORMANCE IN
HELICOPTERS AND VERTICAL/SHORT TAKEOFF AND LANDING (V/STOL) AIRCRAFT,
ROTARY-WING DYNAMICS IS AN AREA OF CRITICAL CONCERN. THE DEVELOPMENT OF
APPROPRIATE MATHEMATICAL ANALYTICAL TECHNIQUES THAT ADEQUATELY TRANSFORM
THE NUMBEROUS PHYSICAL PARAMETERS INTO MEANINGFUL TOOLS FOR DESIGN
GUIDANCE, AS WELL AS EXPERIMENTAL EVIDENCE TO SUPPORT THESE ANALYTICAL
TECHNIQUES, TO SIGNIFICANT TECHNOLOGICAL ADVANCE IN THIS AREA.
THE DELEGATION MINISTERIELLE POUR L'ARMAMENT OF THE GOVERNMENT OF THE
FRENCH REPUBLIC AND THE DEPARTMENT OF THE ARMY OF THE GOVERNMENT OF THE
UNITED STATES OF AMERICA ARE BOTH SUPPORTING RESEARCH AIMED AT FILLING
THE TECHNOLOGICAL VOIDS THAT ARE IMPEDING THE DEVELOPMENT OF IMPROVED
HELICOPTER AND V/STOL AIRMOBILE SYSTEMS. THROUGH A COLLABORATIVE
RESEARCH EFFORT, THE ATTAINMENT OF THE MUTUAL GOALS OF BOTH NATIONS
SHOULD BE ACCELERATED.
2. AREAS OF ENDEAVOR
A. THE FRENCH EFFORTS ARE DIRECTED TOWARD THE PREDICTION OF THE
VIBRATORY BEHAVIOR OF THE ROTOR-FUSELAGE AS A WHOLE. IT CONSISTS
ESSENTIALLY OF TWO MAJOR PARTS: A PART MORE SPECIFICALLY DYNAMIC WHICH
IS THE STUDY OF THE COUPLING BETWEEN THE AERODYNAMIC FORCES AND THE
STRUCTURE; AND AN AERODYNAMIC PART WHICH IS THE FUNDAMENTAL STUDY OF
COMPLEX FLOWS OVER THE ROTOR BLADES.
WITH REGARD TO THE DYNAMIC PART, THE MATHEMATICAL MODELS ARE BASED ON
THE METHOD OF THE ACCELERATION POTENTIAL. DURING THE FIRST SIX YEARS OF
THE AGREEMENT, THESE MODELS HAVE BEEN IMPROVED TO TAKE INTO ACCOUNT THE
STALL OF THE RETREATING BLADE OR THE EFFECT OF FUSELAGE MOTION. DURING
THE SECOND EXTENSION OF THIS AGREEMENT, IT IS ANTICIPATED, ON THE ONE
HAND, TO USE THESE MODELS TO STUDY THE AEROELASTIC COUPLINGS CAPABLE OF
EXCITING INSTABILITIES, AND, ON THE OTHER HAND, TO IMPROVE THE BASIC
METHOD PARTICULARLY BY THE INTRODUCTION OF A LIFTING SURFACE MODEL.
THESE THEORETICAL STUDIES WILL BE THE OBJECT OF EXPERIMENTAL
VERIFICATIONS BY MEANS OF FLIGHT TESTS. FINALLY, ANOTHER TASK,
CONCERNING THE DYNAMIC PART, WILL CONSIST OF A STUDY OF METHODS TO
REDUCE VIBRATIONS BY MEANS OF MULTICYCLIC CONTROL.
WITH REGARD TO THE PURELY AERODYNAMIC PART, TWO ESSENTIAL PHENOMENA
ARE STUDIED: THE STALL OF THE RETREATING BLADE; AND THE TRANSONIC
EFFECTS ON THE ADVANCING BLADE. THE STUDIES CONDUCTED ON THE FRENCH
SIDE DURING THE FIRST YEARS OF THE AGREEMENT HAVE BEEN PRIMARILY
EXPERIMENTAL; THEY HAVE BEEN CONCERNED PRINCIPALLY WITH THE TESTS OF A
ROTOR IN A WIND TUNNEL PROVIDED WITH VARIOUS TRANSDUCERS. THESE TESTS
HAVE BEEN CARRIED OUT IN PARALLEL WITH THE THEORETICAL STUDIES CONDUCTED
ON THE AMERICAL SIDE. UP TO THE PRESENT TIME, THE
THEORETICAL-EXPERIMENTAL COMPARISONS HAVE BEEN MADE FOR SPECIFIC
CONFIGURATIONS OF FLOW, IN PARTICULAR WITH ZERO LIFT.
IT IS EXPECTED WITHIN THE FRAMEWORK OF THE CONTINUATION OF THE
AGREEMENT TO EXTEND THE COMPARISONS TO THE GENERAL CASE. BESIDES THIS
EXPERIMENTAL PART, IT IS EXPECTED THAT THE UNSTEADY BOUNDARY LAYER WILL
BE STUDIED ON A FUNDAMENTAL LEVEL AND THE EFFECTS OF VISCOSITY WILL BE
INTRODUCED INTO THE PROGRAM OF TRANSONIC CALCULATIONS.
FINALLY, AND STILL WITHIN THE FRAMEWORK OF THE AERODYNAMIC STUDIES,
WORK WILL BE CONDUCTED ON THE NOISE OF ROTORS-- ROTATIONAL AND BROAD
BAND NOISE. THIS WILL ENTAIL FUNDAMENTAL THEORETICAL STUDIES AND
EXPERIMENTS OF THE GENERATION OF NOISE.
B. THE UNITED STATES ARMY IS CONDUCTING BOTH THEORETICAL AND
EXPERIMENTAL STUDIES AIMED AT ELIMINATING THE MAJOR LIMITATIONS ON
HELICOPTER OPERATIONS ASSOCIATED WITH THE ROTOR DYNAMIC LOADS AND
VIBRATIONS CAUSED BY UNSTEADY AIRLOADS AND AIRFOIL STALL AT HIGH SPEEDS
OR HIGH ROTOR THRUST. WITHIN THE FRAMEWORK OF THE EXISTING MOU OVER THE
PAST SIX YEARS, OFFICE NATIONAL D'ETUDES ET DE RECHERCHES AEROSPATIALES
(ONERA) AND US ARMY PERSONNEL HAVE BEEN ACTIVELY WORKING TOGETHER ON
PROBLEMS OF AEROELASTIC STABILITY, VIBRATORY LOADS, UNSTEADY SEPARATION
AND STALL, AND TRANSONIC PHENOMENA. ANALYTICAL METHODS FOR CALCULATING
ROTOR LOADS HAVE BEEN DEVELOPED AND ARE BEING REFINED CONTINUOUSLY. IN
ORDER TO PROVIDE EXPERIMENTAL VERIFICATION OF THE THEORETICAL
PREDICTIONS, A GENERALIZED ROTOR DYNAMICS MODEL (RDM) HAS BEEN DESIGNED
AND BUILT THAT PERMITS MAJOR VARIATIONS IN ITS CHARACTERISTICS IN TERMS
OF DAMPING, STIFFNESS, HINGE SEQUENCE AND KINEMATIC AND ELASTIC
COUPLING. THE RDM ALSO ALLOWS FOR HUB PITCH AND ROLL DEGREES OF FREEDOM
IN ORDER TO PERMIT THE STUDY OF COUPLED ROTOR/FUSELAGE DYNAMIC
CHARACTERISTICS. ANALYTICAL EFFORTS WILL BE DEVOTED TO DEVELOPING
SIMPLIFIED MATH MODELS SUITABLE FOR PREDICTING ROTOR LOADS AND
VIBRATIONS FOR A RESTRICTED CLASS OF PROBLEMS. EXPERIMENTAL STUDIES
WILL BE CARRIED OUT WITH THE RDM. ONE PURPOSE OF THESE TESTS WILL BE TO
OBTAIN DATA THAT CAN BE CHECKED WITH THE THEORETICAL METHODS DEVELOPED
BY ONERA. ANALYTICAL AND EXPERIMENTAL INVESTIGATIONS WILL ALSO BE
CARRIED OUT TO IMPROVE THE CAPABILITY TO PREDICT AND DEAL WITH
AEROELASTIC AND AEROMECHANICAL STABILITY PROBLEMS OF HINGELESS ROTORS.
COUPLED ROTO-BODY EXPERIMENTS WILL BE PERFORMED USING THE RDM MODEL AND
RESULTS WILL ALSO BE CORRELATED WITH ONERA'S THEORETICAL PREDICTIONS.
ALSO, IN CONCERT WITH RELATED FRENCH PROGRAMS AT ONERA, ANALYTICAL AND
EXPERIMENTAL INVESTIGATIONS WILL BE CONDUCTED OF UNSTEADY EFFECTS ON THE
SEPARATION OF THE TURBULENT BOUNDARY LAYER OVER AN OSCILLATING AIRFOIL
TO EXPLORE THE SENSITIVITY OF AIRFOIL STALL TO CHANGES WITHIN THE
TURBULENT BOUNDARY LAYER. COMBINED ANALYTICAL AND EXPERIMENTAL STUDIES
WILL ATTEMPT TO DEFINE THE CHANGES IN DYNAMIC STALL CHARACTERISTICS THAT
CAN BE ACCOMPLISHED BY CHANGES IN AIRFOIL GEOMETRY IN AN ATTEMPT TO
DETERMINE WHICH TYPE OF AIRFOIL SECTION WOULD BE PREFERABLE FOR
HELICOPTER ROTOR APPLICATIONS. EFFORTS SHALL ALSO CONTINUE TOWARD THE
DEVELOPMENT OF ALGORITHMS TO EVENTUALLY SOLVE THE FULL
THREE-DIMENSIONAL, UNSTEADY TRANSONIC FLOW PROBLEM FOR AN ADVANCING
ROTOR BLADE IN ORDER TO DEVELOP MEANS OF IMPROVING HIGH-SPEED
ROTOR-BLADE DESIGNS. RESULTS WILL BE CORRELATED WITH ONERA EXPERIMENTS
AS WELL AS AIMED AT DEVELOPING ANALYTICAL ESTIMATES OF THE TRADEOFF
BETWEEN NOISE REDUCTION AND HELICOPTER PERFORMANCE. MODEL ROTOR TESTS
WILL BE PERFORMED TO OBTAIN ACCURATE SIMULTANEOUS MEASUREMENTS OF
HOVERING PERFORMANCE AND ROTOR NOISE. A NEW ANECHOIC ROTOR TEST CHAMBER
WILL PERMIT, FOR THE FIRST TIME, THE MEASUREMENT OF FREE-FIELD HOVERING
PERFORMANCE OF MODEL ROTORS IN AN ANECHOIC ROOM. PARAMETRIC STUDIES
WILL BE CONDUCTED TO INVESTIGATE THE EFFECTS OF TWIST, AIRFOIL SECTION
CHARACTERISTICS, AND SOME NEW GEOMETRIES ON BOTH THE PERFORMANCE AND THE
RADIATED NOISE FIELD IN HOVER.
3. COLLABORATION
VERY FRUITFUL COMPLEMENTARY U.S./FRENCH EFFORTS HAVE EVOLVED OVER THE
SIX YEARS OF THIS COOPERATIVE PROJECT; PARTICULARLY IN THE AREAS OF
ROTOR AEROELASTIC STABILITY, VIBRATORY LOADS, DYNAMIC STALL AND
TRANSONIC EFFECTS. THE EFFORTS IN BOTH COUNTRIES WILL CONTINUE TO BE
COORDINATED THROUGH JOINT REVIEW AND PLANNING MEETINGS OF THE PROJECT
OFFICERS AND THEIR TECHNICAL TEAMS WHO WILL MEET TOGETHER TWICE EACH
YEAR, ALTERNATELY IN FRANCE AND IN THE UNITED STATES. A JOINT REPORT
WILL BE PREPARED AT THE CONCLUSION OF EACH SUCH MEETING AND SUBMITTED BY
THE PROJECT OFFICERS TO THEIR RESPECTIVE NATIONAL AUTHORITIES.
DAVDL-AM-D
MEMORANDUM FOR: MR. R. J. FACEY
SUBJECT: US/FRANCE MOU FOR COOPERATIVE RESEARCH IN HELICOPTER
DYNAMICS
ALL OF THE COMMENTS MADE BY TRANSLATION CONSULTANTS, LTD REGARDING
THE FRENCH VERSION OF SUPPLEMENT NO. 2 TO THE SUBJECT MOU ARE CORRECT.
HOWEVER, I BELIEVE THAT NONE OF THE DIFFERENCES BETWEEN THE ENGLISH AND
FRENCH VERSIONS IDENTIFIED BY THE TRANSLATORS ARE SUFFICIENTLY IMPORTANT
TO JUSTIFY FURTHER DELAYS IN IMPLEMENTING THE AGREEMENT. IN THE
FOLLOWING I WILL PROVIDE MY COMMENTARY AGAINST EACH OF THE TRANSLATOR'S
COMMENTS ITEM BY ITEM.
COMMENT NO. 1: THE ENGLISH TEXT USES WHAT IS NOW AN OBSOLETE
DESIGNATION -- DELEGATION MINISTERIELLE POUR L'ARMAMENT (SIC). THIS
DESIGNATION SHOULD BE REPLACED BY -- DELEGATION GENERALE POUR
L'ARMEMENT. THIS SAME DESIGNATION APPEARS IN THE ENGLISH VERSION AT THE
BEGINNING OF THE SECOND PARAGRAPH OF 1. PURPOSE, AND IF IT IS TO CONFORM
TO THE FRENCH TEXT SHOULD READ: "THE DELEGATION GENERALE POUR
L'ARMEMENT OF THE MINISTRY OF DEFENSE OF THE GOVERNMENT OF THE FRENCH
REPUBLIC . . ."
REPLY: THE NAME OF THIS ORGANIZATION HAS CHANGED DURING THE TIME
SINCE WE FIRST STARTED THE NEGOTIATIONS FOR SUPPLEMENT NO. 2. IN FACT,
THE REQUEST FOR SUPPLEMENT NO. 2 WAS INITIATED BY THE FRENCH OVER TWO
YEARS AGO AND IN THEIR ORIGINAL SUBMISSION USED THE DESIGNATION WHICH
HAS APPEARED IN OUR DOCUMENTATION SINCE THEN. RATHER THAN CHANGE THE
DOCUMENT AND DELAY ITS SIGNING, I PROPOSE THAT AN AMENDMENT BE ISSUED
NOTING THE CHANGE IN THE NAME OF THE FRENCH ORGANIZATION.
COMMENT NO. 2: "PROJECT" IN THE HEADING IS RENDERED IN FRENCH AS
"PROGRAM", BUT THEN IS RENDERED AS "PROJECT" IN LINE 1 OF PARAGRAPH 1.
REPLY: "PROJECT" AND "PROGRAM" HAVE BEEN USED INTERCHANGEABLY,
PARTICULARLY BY THE FRENCH, THROUGHOUT ALL THE COMMUNICATIONS RELATIVE
TO THIS MOU. WHILE WE HAVE TRIED TO BE CONSISTENT IN THE USE OF THE
TERM "PROJECT", WE HAVE ALSO FAILED ON MANY OCCASIONS. I POINT OUT TO
YOU FOR EXAMPLE THAT THE TITLE OF ANNEX A IS "FRANCE-UNITED STATES
COOPERATIVE RESEARCH PROJECT IN HELICOPTER DYNAMICS -- TECHNICAL
PROGRAM".
COMMENT NO. 3: PARAGRAPH 3.A OF THE ENGLISH TEXT READS: ". . . AS
SHOWN IN APPENDIX 1 TO THIS SUPPLEMENT NO. 2" BUT NO APPENDIX 1 IS
APPENDED. THERE IS, HOWEVER, ANNEX A, WHICH MAY BE THE SAME THING. IN
THIS SAME CONNECTION, THE FRENCH COUNTERPART TRANSLATED AS "ANNEX A IS
MODIFIED TO CONFORM TO ANNEX A OF THIS SUPPLEMENT."
REPLY: THIS IS A VALID COMMENT.
COMMENT NO. 4: ANNEX A-- THE FRENCH TEXT IS LACKING THE HEADING
APPEARING IN THE ENGLISH VERSION.
REPLY: THE FRENCH TYPICALLY USE THE LONGER PAPER AND IT IS POSSIBLE
THAT THE HEADING WAS CUT OFF IN THE PROCESS OF REPRODUCTION ONTO OUR
SMALLER SIZE PAPER.
COMMENT NO. 5: 1. PURPOSE. THE SECOND SENTENCE FROM THE FRENCH
TEXT TRANSLATES: "THE DEVELOPMENT OF MATHEMATICAL METHODS FOR USE IN
DESIGN GUIDANCE, AS WELL AS EXPERIMENTAL VALIDATION OF THESE METHODS,
ARE ESSENTIAL TO ANY SIGNIFICANT TECHNOLOGICAL PROGRESS IN THIS AREA."
REPLY: THIS IS A CORRECT LITERAL TRANSLATION OF THE FRENCH VERSION.
HOWEVER, IT IS INDICATIVE OF THE FACT THAT IN TECHNICAL COMMUNICATIONS
TYPICALLY WE BOTH INTERPRET EACH OTHERS COMMUNICATIONS RATHER THAN
RESORT TO LITERAL TRANSLATIONS. IN THIS INSTANCE, THE FRENCH VERSION IS
AN ABSOLUTELY CORRECT INTERPRETATION OF OUR STATEMENT. IT SAYS THE SAME
THING IN FEWER WORDS AND I WISH NOW THAT WE HAD SAID IT THAT WAY.
COMMENT NO. 6: THERE IS A PARENTHETIC REFERENCE IN THE ENGLISH TEXT
OF THE COVER LETTER TO FIVE PROFESSIONAL SCIENTISTS/ENGINEERS, WHICH, IN
THE FRENCH TEXT IS RENDERED SO AS TO TRANSLATE AS (ABOUT FIVE
RESEARCHERS OR ENGINEERS).
REPLY: AS THE STATEMENT ALREADY READS ". . . EACH GOVERNMENT WILL
EXPEND APPROXIMATELY FIVE MAN YEARS . . .", THE ADDITIONAL ADVERB IN THE
PARENTHETICAL EXPRESSION IS REDUNDANT.
COMMENT NO. 7: NOTE THE FRENCH BREAKDOWN OF SECTION 2. AREAS OF
ENDEAVOR AS FOLLOWS-- 2. DOMAINES D'ACTIVITE (AREAS OF ENDEAVOR)
2.1.
2.2. TRAVAUX AMERICAINS (AMERICAN EFFORTS)
REPLY: THIS WAS A RESULT OF THE FACT THAT IN THE ORIGINAL VERSION,
GENERATED BY THE FRENCH, THEY HAD COMPLETED PARAGRAPH 2.1 BUT HAD LEFT
PARAGRAPH 2.2 BLANK TO BE WRITTEN BY US. THEREFORE, IT WAS IDENTIFIED
BY THE WORDS "TRAVAUX AMERICAINS". IN PREPARING OUR VERSION OF THE
SUPPLEMENT, THIS IDENTIFICATION WAS INADVERTENTLY INCLUDED WITHOUT
PROVIDING THE SIMILAR IDENTIFICATION FOR PARAGRAPH 2.1.
COMMENT NO. 8: 2.A PARA. 3, LAST LINE OF THE ENGLISH TEXT READS
"ZERO LIFT". THE FRENCH TRANSLATES AS "ZERO LOAD" (CHARGE NULLE).
REPLY: IN THIS CONTEXT, THESE TWO PHRASES MEAN THE SAME THING
TECHNICALLY.
COMMENT NO. 9: 2.B. LINE 2 OF THE ENGLISH TEXT READS: ". . .
ELIMINATING THE MAJOR LIMITATIONS ON HELICOPTER OPERATIONS . . ." THE
TRANSLATION OF THE FRENCH VERSION IS: ". . . ELIMINATING THE CHIEF
LIMITATIONS OF HELICOPTERS".
REPLY: THE FRENCH ADJECTIVE THAT IS USED HERE IS "PRINCIPALES" WHICH
CAN BE TRANSLATED AS PRINCIPAL OR CHIEF AND IS THE CORRECT
INTERPRETATION OF OUR USE OF THE ADJECTIVE "MAJOR". IT IS A BETTER WORD
THAN "PLUS GRAND" OR "MAJEUR" WHICH WOULD BE THE LITERAL FRENCH
TRANSLATION OF MAJOR.
COMMENT NO. 10: LINES 4-5 OF THE ENGLISH TEXT READS: ". . . BY
UNSTEADY AIRLOADS AND AIRFOIL STALL AT HIGH SPEEDS OR HIGH ROTOR
THRUST." THE TRANSLATION OF THE FRENCH VERSION IS: ". . . BY UNSTEADY
AERODYNAMIC FORCES AND BY AIRFOIL STALL AT HIGH SPEEDS OR HIGH ROTOR
LOADS."
REPLY: IN THE CONTEXT IN WHICH THEY ARE USED, THESE TWO PHRASES HAVE
IDENTICAL TECHNICAL MEANINGS.
COMMENT NO. 11: LINE 5-- "MOU" IS RENDERED IN FRENCH AS "PROTOCOL".
REPLY: MEMORANDUM OF UNDERSTANDING IS TRANSLATED IN FRENCH AS
"PROTOCOLE D'ACCORD". WHERE WE HAVE SHORTENED IT TO MOU, THE FRENCH
HAVE FREQUENTLY SHORTENED IT TO PROTOCOLE. I SUSPECT THE OMISSION OF
THE FINAL "E" IS A TYPOGRAPHICAL ERROR WHICH I AM HAPPY TO SEE CAN OCCUR
IN FRANCE AS IT DOES IN THE US.
COMMENT NO. 12: LINE 7-- "PERSONNEL" IS RENDERED IN FRENCH AS
"CHERCHEURS" THE SAME WORD USED TO DESIGNATE "PROFESSIONAL SCIENTISTS"
EARLIER IN THE DOCUMENT.
REPLY: THE MEANING OF THE WORD "CHERCHEURS" AS USED HERE IS
RESEARCHERS WHICH IS THE APPROPRIATE INTERPRETATION OF "PERSONNEL" AS WE
HAVE USED IT IN THIS EXPRESSION.
COMMENT NO. 13: LINE 12-- "ROTOR DYNAMICS MODEL (RDM)" IS SIMPLY
RENDERED IN FRENCH AS "MAQUETTE" OR MOCKUP, ALTHOUGH MODEL IS AN
ALTERNATIVE TRANSLATION. THE WORD "MAJOR" DOES NOT APPEAR IN THE FRENCH
TEXT.
REPLY: THE REPLACEMENT OF "ROTOR DYNAMICS MODEL (RDM)" BY SIMPLY
"MODEL" COULD MEAN ONE OF THREE THINGS. IT MIGHT HAVE BEEN AN
ACCIDENTAL OMISSION, IT COULD BE A MANIFESTATION OF THEIR EXTREME
FAMILIARITY WITH OUR EXPERIMENTAL MODELS, OR IT MIGHT SIMPLY MEAN THEY
COULDN'T CARE LESS WHICH MODEL WE USED. IN ANY CASE, IT IS OF NO
IMPORTANCE WHATSOEVER THAT THE MODEL TO WHICH WE REFER BE IDENTIFIED.
THE USE OF THE ADJECTIVE "MAJOR" IS THE RESULT OF AN AMERICAN TENDENCY
TO OVER-SPECIFY, EXAGGERATE AND BE WORDY. IT IS ENTIRELY UNNECESSARY TO
THE TECHNICAL MEANING OF THIS SENTENCE.
COMMENT NO. 14: BOTH TEXTS APPEAR TO CONTAIN REDUNDANCIES; FOR
EXAMPLE: RDM MODEL IN THE ENGLISH; MAQUETTE RDM IN THE FRENCH.
REPLY: I FAULT THE FRENCH FOR TRANSLATING LITERALLY AN AMERICAN
ERROR. WHILE IT IS REDUNDANT, IT IS A TERMINOLOGY THAT IS WELL
UNDERSTOOD BY BOTH PARTIES.
COMMENT NO. 15: LINES 19-21-- "ONE PURPOSE OF THESE TESTS . . ." THE
TRANSLATION OF THE FRENCH VERSION IS: "ONE PURPOSE OF THESE TESTS WILL
BE TO OBTAIN DATA THAT CAN BE USED TO VERIFY THE THEORIES DEVELOPED BY
ONERA."
REPLY: THE AMERICAN STATEMENT ABOUT OBTAINING DATA THAT CAN BE
"CHECKED WITH THE THEORETICAL METHODS DEVELOPED BY ONERA" IS TRANSLATED
IN THE FRENCH VERSION AS OBTAINING DATA THAT CAN BE "USED TO VERIFY THE
THEORIES DEVELOPED BY ONERA". TECHNICALLY THE INTERPRETATIONS OF THESE
TWO STATEMENTS ARE THE SAME AND ONCE AGAIN I MUST PREFER THE FRENCH
VERSION.
COMMENT NO. 16: LAST LINE-- THE WORD "COMBINED" IS OMITTED FROM THE
FRENCH TEXT.
REPLY: "COMBINED" IS REDUNDANT AND ITS OMISSION DOES NOT CHANGE THE
MEANING.
COMMENT NO. 17: LAST PAGE-- LINE 14: THE WORD "HOVERING" IS OMITTED
FROM THE FRENCH TEXT, WHICH TRANSLATES AS ". . . FREE-FIELD PERFORMANCE
. . ."
REPLY: "HOVERING" IS REDUNDANT WHEN DISCUSSING MEASUREMENT OF
PERFORMANCE OF MODEL ROTORS IN A ROOM. WHEN A ROTOR TEST IS CONFINED TO
A ROOM, IT IS NOT POSSIBLE TO MEASURE ANYTHING BUT THE HOVERING
PERFORMANCE.
COMMENT NO. 18: 3. COLLABORATION-- LINE 2, "COOPERATIVE PROJECT" IN
THE FRENCH TEXT IS "ACCORD DE COOPERATION", OR "COOPERATION AGREEMENT".
REPLY: THIS IS REFERRING TO SIX YEARS OF AN "AGREEMENT FOR A
COOPERATIVE RESEARCH PROJECT". CONSEQUENTLY, IT APPEARS TO ME TO BE
IMMATERIAL WHETHER IT IS REFERRED TO AS A COOPERATIVE PROJECT OR A
COOPERATIVE AGREEMENT.
I HOPE THESE COMMENTS SATISFY YOUR REQUIREMENTS. PLEASE LET ME KNOW
IF THERE IS ANYTHING I CAN DO TO EXPEDITE THE ACTION.
TO WHOM IT MAY CONCERN
SUPPLEMENT NO. 2 TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE
UNITED STATES AND FRANCE FOR A COOPERATIVE RESEARCH PROJECT IN
HELICOPTER DYNAMICS HAS BEEN REVIEWED BY COMPARING THE ENGLISH AND
FRENCH TEXTS. THE FOLLOWING COMMENTS ARE SUBMITTED.
COVER LETTER SIGNED 3/31/78
THE ENGLISH TEXT USES WHAT IS NOW AN OBSOLETE DESIGNATION
DELEGATION MINISTERIELLE POUR L'ARMAMENT (SIC)
THIS DESIGNATION SHOULD BE REPLACED BY
DELEGATION GENERALE POUR L'ARMEMENT
THIS SAME DESIGNATION APPEARS IN THE ENGLISH VERSION AT THE BEGINNING
OF THE SECOND PARAGRAPH OF 1. PURPOSE, AND IF IT IS TO CONFORM TO THE
FRENCH TEXT SHOULD READ:
"THE DELEGATION GENERALE POUR L'ARMEMENT OF THE MINISTRY OF DEFENSE
OF THE GOVERNMENT OF THE FRENCH REPUBLIC . . ."
"PROJECT" IN THE HEADING IS RENDERED IN FRENCH AS "PROGRAM," BUT THEN
IS RENDERED AS "PROJECT" IN LINE 1 OF PARAGRAPH 1.
PARAGRAPH 3.A OF THE ENGLISH TEXT READS:
. . AS SHOWN IN APPENDIX 1 TO THIS SUPPLEMENT NO. 2" BUT NO APPENDIX
1 IS APPENDED. THERE IS, HOWEVER, ANNEX A, WHICH MAY BE THE SAME THING.
IN THIS SAME CONNECTION, THE FRENCH COUNTERPART TRANSLATED AS
"ANNEX A IS MODIFIED TO CONFORM TO ANNEX A OF THIS SUPPLEMENT."
ANNEX A
THE FRENCH TEXT IS LACKING THE HEADING APPEARING IN THE ENGLISH
VERSION.
1. PURPOSE. THE SECOND SENTENCE FROM THE FRENCH TEXT TRANSLATES:
"THE DEVELOPMENT OF MATHEMATICAL METHODS FOR USE IN DESIGN GUIDANCE,
AS WELL AS EXPERIMENTAL VALIDATION OF THESE METHODS, ARE ESSENTIAL TO
ANY SIGNIFICANT TECHNOLOGICAL PROGRESS IN THIS AREA."
THERE IS A PARENTHETIC REFERENCE IN THE ENGLISH TEXT OF THE COVER
LETTER TO FIVE PROFESSIONAL SCIENTISTS/ENGINEERS, WHICH, IN THE FRENCH
TEXT IS RENDERED SO AS TO TRANSLATE AS (ABOUT FIVE RESEARCHERS OR
ENGINEERS).
NOTE THE FRENCH BREAKDOWN OF SECTION 2. AREAS OF ENDEAVOR AS
FOLLOWS:
DOMAINES D'ACTIVITE (AREAS OF ENDEAVOR)
2.1.
2.2. TRAVAUX AMERICAINS (AMERICAN EFFORTS)
2.A. PARA. 3, LAST LINE OF THE ENGLISH TEXT READS "ZERO LIFT"
THE FRENCH TRANSLATES AS "ZERO LOAD" (CHARGE NULLE)
2.B. LINE 2 OF THE ENGLISH TEXT READS
". . . ELIMINATING THE MAJOR LIMITATIONS ON HELICOPTER OPERATIONS .
. .
THE TRANSLATION OF THE FRENCH VERSION IS
". . . ELIMINATING THE CHIEF LIMITATIONS OF HELICOPTERS. . ."
LINES 4-5 OF THE ENGLISH TEXT READS
"BY UNSTEADY AIRLOADS AND AIRFOIL STALL AT HIGH SPEEDS OR HIGH ROTOR
THRUST."
THE TRANSLATION OF THE FRENCH VERSION IS
"BY UNSTEADY AERODYNAMIC FORCES AND BY AIRFOIL STALL AT HIGH SPEEDS
OR HIGH ROTOR LOADS."
LINE 5
"MOU" IS RENDERED IN FRENCH AS "PROTOCOL"
LINE 7
"PERSONNEL" IS RENDERED IN FRENCH AS "CHERCHEURS" THE SAME WORD USED
TO DESIGNATE "PROFESSIONAL SCIENTISTS" EARLIER IN THE DOCUMENT.
LINE 12
"ROTOR DYNAMICS MODEL (RDM)" IS SIMPLY RENDERED IN FRENCH AS
"MAQUETTE" OR MOCKUP, ALTHOUGH MODEL IS AN ALTERNATIVE TRANSLATION. THE
WORD "MAJOR" DOES NOT APPEAR IN THE FRENCH TEXT.
BOTH TEXTS APPEAR TO CONTAIN REDUNDANCIES; FOR EXAMPLE:
RDM MODEL IN THE ENGLISH
MAQUETTE RDM IN THE FRENCH
LINES 19-21
"ONE PURPOSE OF THESE TESTS. . ."
THE TRANSLATION OF THE FRENCH VERSION IS
"ONE PURPOSE OF THESE TESTS WILL BE TO OBTAIN DATA THAT CAN BE USED
TO VERIFY THE THEORIES DEVELOPED BY ONERA."
LAST LINE
THE WORD "COMBINED" IS OMITTED FROM THE FRENCH TEXT.
LAST PAGE
LINE 14
THE WORD "HOVERING" IS OMITTED FROM THE FRENCH TEXT, WHICH TRANSLATES
AS ". . . FREE-FIELD PERFORMANCE . . ."
3. COLLABORATION
LINE 2
"COOPERATIVE PROJECT" IN THE FRENCH TEXT IS "ACCORD DE COOPERATION,"
OR "COOPERATION AGREEMENT."
CERTIFIED A TRUE AND ACCURATE COMPARISON TO THE BEST OF OUR KNOWLEDGE
AND BELIEF
TRANSLATION CONSULTANTS, LTD. CERTIFIED TRUE COPY:
944 S. WAKEFIELD ST., ROOM 302
ARLINGTON, VIRGINIA 22204
CHINA, REPUBLIC OF 28 NOV 1977 FLITE DOCUMENT NO. 7900105
JOINT LETTER OF AGREEMENT EXECUTED 28 NOVEMBER 1977; EFFECTIVE 3
JULY 1975.
JOINT LETTER OF AGREEMENT REGARDING ATC PROCEDURES FOR DETACHMENT 9
AIRCRAFT FLYING FUNCTIONAL TEST FLIGHTS. THIS AGREEMENT CANCELS THE
EXISTING FLIGHT TEST AREAS CURRENTLY IN USE BY DETACHMENT 9 AFCMC.
SUBJECT: ATC PROCEDURES FOR DETACHMENT 9 AIRCRAFT FLYING FUNCTIONAL
TEST FLIGHTS.
EFFECTIVE: 3 JULY 1975
PURPOSE: TO ESTABLISH PROCEDURES/AREAS TO CONDUCT TEST FLIGHTS OF
DOD AIRCRAFT FROM TAINAN AIR BASE, CAF. THIS AGREEMENT IS CONSUMATED
PURSUANT TO THE PROVISIONS OF REVISED CAF TRAINING AND CONTROL
PROCEDURES JULY 75.
SCOPE: THIS AGREEMENT IS APPLICABLE TO ALL SIGNING AGENCIES AND
THEIR SUBORDINATE UNITS.
PART 1: AGREEMENT ON PROCEDURES AND DESIGNATED AREA.
1-1 PROCEDURES: THE FOLLOWING PROCEDURES WILL BE FOLLOWED BY ALL
FLIGHT TEST AIRCREWS PERFORMING FCF'S ON DOD AIRCRAFT AT TAINAN AB,
TAIWAN.
A. ALL DEPARTURES FROM TAINAN, UNDER VFR CONDITIONS WILL FOLLOW THE
PROCEDURE AS OUTLINED IN ATCH 2, 3 (LOW ALTITUDE) AND 4 (HIGH ALTITUDE).
B. IMMEDIATELY AFTER TAKE-OFF, CONTACT WILL BE MADE WITH CRC (WORD
ILLEGIBLE) POKER) FOR RADAR MONITORING AND TRAFFIC ADVISORIES.
C. AIRCRAFT WHICH REQUIRE SUPERSONIC FLIGHT WILL FOLLOW THE
SUPERSONIC CORRIDOR AS INDICATED ON ATCH 1 I.E. 170 DEGREE RADIAL CHAN
94 15-85 DME. RADAR CONTACT DURING SUPERSONIC FLIGHT AND WHILE OUTSIDE
THE 20NM BOUNDRY (ATCH 1) IS REQUIRED.
D. THE AREA DESIGNATED FLIGHT AREA (ATCH 1) IS TO BE USED BY FLIGHT
TEST CREWS PERFORMING FLIGHT TEST CHECKS. ALL ALTITUDE RESTRICTIONS
WILL BE FOLLOWED AND ALL RESTRICTED AREAS WILL BE AVOIDED. THE AREA
EXTENDS FROM 22-36N 120-11E TO 22-36N 119-54E TO 23-03N 119-42E TO
23-50N 119-55E TO 23-47N 120-24E. THE VERTICAL LIMITS ARE 4000 AGL TO
FLIGHT LEVEL 35[. ALL OPERATIONS IN THIS AREA WILL BE VFR-VMC IAW
NATIONAL RULES. ALL JET TRAFFIC WILL REMAIN ABOVE 11,000 FT EXCEPT FOR
TAKE-OFF AND LANDING AND THOSE REQUIRED CHECKS IAW THE APPLICABLE -6.
RADAR CONTACT IS REQUIRED WHEN PERFORMING NECESSARY CHECKS BELOW 11,000
FT.
PART 2: 2-1 TERMINATION PROCEDURE: THE PROVISIONS OF THIS AGREEMENT
SHALL BE REVIEWED ANNUALLY ON THE ANNIVERSARY DATE OF THIS AGREEMENT AND
SHALL BE TERMINATED UPON CONCURRENCE OF THE SIGNING AGENCIES THAT THE
REQUIREMENT NO LONGER EXISTS.
2-2 THIS DOCUMENT CANCELS THE EXISTING FLIGHT TEST AREAS
ALPHA-BRAVO-CHARLIE CURRENTLY IN USE BY DETACHMENT 9, AFCMC.
JESSE B. LOFGREEN, MAJOR, USAF
CHIEF, FLIGHT TEST
WANG, SHUEH-CHIN, LT COLONEL, CAF
DIRECTOR OF OPERATIONS
AFTER TAKEOFF, CLIMB ON RADIAL 360 TWS TACHAN. CROSS TO 2DME AT
800', CROSS 2DME AT 1000' THEN LEFT TURN TO 290 DEGREES AND CLIMB SO AS
TO CROSS TWS RADIAL 315 7.8DME AT 3000'. PROCEED TO ASSIGNED WORKING
AREA (CHART OMITTED)
RUNWAY 36- AFTER TAKEOFF LEFT TURN TO INTERCEPT RADIAL 320 CLIMBING
TO 15,000'. PROCEED TO ASSIGNED WORKING AREA.
RUNWAY 18- AFTER TAKEOFF RIGHT TURN TO INTERCEPT RADIAL 320 CLIMBING
TO 15,000'. PROCEED TO ASS- WORKING AREA (CHART OMITTED)
AFTER TAKEOFF, CLIMB ON HEADING 230 DEGREES AND CROSS FWS RADIAL 215
4DME AT 1500' OR ABOVE. AFTER CROSSING RADIAL 215 RIGHT TURN TO 031
DEGREES CROSS WS NDS AT 3500' OR ABOVE. PROCEED TO ASSIGNED WORKING
AREA. (CHART OMITTED)
UNITED KINGDOM 21 AUG 1978 FLITE DOCUMENT NO. 7900104
INFORMATION EXCHANGE PROJECT EXECUTED 3 FEBRUARY AND 21 AUGUST 1978.
INFORMATION EXCHANGE PROJECT IEP-1978-UK-AF-18 REGARDING ACTIVE
CONTROL TECHNOLOGY AND AIRCRAFT FLYING QUALITIES. PROJECT REMAINS IN
EFFECT FOR TWO (2) YEARS.
1. PROJECT NR: IEP-1978-UK-AF-18
2. TITLE: ACTIVE CONTROL TECHNOLOGY AND AIRCRAFT FLYING QUALITIES
3. SCOPE: THE INFORMATION TO BE EXCHANGED BETWEEN THE U.S. AIR
FORCE AND THE U.K. MINISTRY OF DEFENCE INVOLVES THE TECHNICAL AREAS
RELATED TO ACTIVE CONTROL TECHNOLOGY AND FLYING QUALITIES FOR MILITARY
AIRCRAFT. THE FOLLOWING AREAS ARE OF SPECIAL INTEREST:
A. DEVELOPMENT OF DESIGN CRITERIA FOR HANDLING AND RIDE QUALITIES OF
AIRCRAFT WITH ACTIVE CONTROL SYSTEMS, INCLUDING ANALYTICAL STUDIES,
SIMULATION AND CORRELATION WITH FLIGHT EXPERIENCE.
B. DEVELOPMENT OF THEORETICAL PILOT MODELS AND METHODS OF APPLICATION
TO DESIGN AND ASSESSMENT OF AIRCRAFT WITH ACTIVE CONTROL SYSTEMS.
4. TERMS: THE GENERAL CONDITIONS OF RELEASE WILL BE IN ACCORDANCE
WITH PROVISIONS OF ANNEX A WHICH CONSTITUTES AN INTEGRAL PART OF THIS
PROJECT.
5. CLASSIFICATION OF DATA: THE HIGHEST CLASSIFICATION OF DATA
AUTHORIZED FOR EXCHANGE IS UNCLASSIFIED. CLASSIFIED INFORMATION, IF
ESSENTIAL TO THE UNDERSTANDING OF SOME PARTICULAR PROBLEM, WILL BE
PROCESSED FOR EXCHANGE ON A CASE-BY-CASE BASIS.
6. PROJECT OFFICERS AND ESTABLISHMENTS:
A. FOR THE UNITED STATES:
(1) PROJECT OFFICER: DAVID J MOOREHOUSE
(2) ESTABLISHMENT: AIR FORCE FLIGHT DYNAMICS LABORATORY
B. FOR THE UNITED KINGDOM:
(1) PROJECT OFFICER: J G JONES
(2) ESTABLISHMENT: ROYAL AIRCRAFT ESTABLISHMENT
7. DURATION, TERMINATION AND EXTENSION:
THIS PROJECT WILL REMAIN EFFECTIVE FOR TWO YEARS UNLESS TERMINATED
EARLIER IN ACCORDANCE WITH THE FOLLOWING PROCEDURES:
A. THE GOVERNMENT MAY JOINTLY TERMINATE THE PROJECT AT ANY TIME BY
MEANS OF AN EXCHANGE OF LETTERS TO THAT EFFECT.
B. EITHER GOVERNMENT MAY UNILATERALLY TERMINATE THE PROJECT THIRTY
DAYS AFTER IT PROVIDES THE OTHER GOVERNMENT WITH WRITTEN NOTICE OF ITS
INTENTION TO TERMINATE.
C. THIS PROJECT MAY BE EXTENDED IF BOTH GOVERNMENTS SO DESIRE BY
MEANS OF AN EXCHANGE OF LETTERS TO THAT EFFECT.
8. EFFECTIVE DATE:
THE FOREGOING RECORD REPRESENTS THE UNDERSTANDING REACHED BETWEEN THE
UNITED STATES AIR FORCE AND THE UNITED KINGDOM MINISTRY OF DEFENCE UPON
THE MATTERS REFERRED TO THEREIN AND IS EFFECTIVE FROM THE LATER DATE OF
SIGNATURE.
DATE: 3RD FEBRUARY 1978
FOR THE PROCUREMENT
EXECUTIVE
MINISTRY OF DEFENCE
I CERTIFY THIS TO BE A TRUE AND COMPLETE
COPY OF THE ORIGINAL.
RICHARD G. WIGGLESWORTH, LT COL, USAF
OFC OF SPECIAL ASST FOR INTERNATIONAL
PROGRAMS, DCS/R&D
GENERAL CONDITIONS FOR RELEASE:
A. THE GOVERNMENTS UNDERSTAND THAT ALL INFORMATION, CLASSIFIED AND
UNCLASSIFIED, EXCHANGED UNDER THE CONDITIONS OF THIS PROJECT IS ACCEPTED
SUBJECT TO THE FOLLOWING CONDITIONS, AND THAT THESE CONDITIONS WILL BE
PERMANENTLY AFFIXED THERETO IN A CONSPICUOUS PLACE OR MANNER.
(1) THE INFORMATION IS FOR USE FOR DEFENCE PURPOSES ONLY.
(2) THE INFORMATION WILL BE AFFORDED SUBSTANTIALLY THE SAME DEGREE OF
SECURITY PROTECTION GIVEN TO IT BY THE SENDING GOVERNMENT. THE
PROVISIONS IN THE SECURITY AGREEMENT BETWEEN THE US AND UK WILL APPLY.
(3) THE INFORMATION OR KNOWLEDGE OF ITS POSSESSION WILL NOT BE
REVEALED TO NONPARTICIPATING NATIONS EXCEPT WITH THE PRIOR APPROVAL OF
THE SENDING GOVERNMENT.
(4) INFORMATION OF A PRIVATELY DEVELOPED NATURE WILL NOT BE USED OR
DISCLOSED IN ANY MANNER THAT WILL PREJUDICE THE RIGHTS OF THE OWNER
INCLUDING THE RIGHT TO OBTAIN PATENT OR OTHER LIKE PROTECTION THEREOF.
(5) INFORMATION THAT IS SUBJECT TO LIMITED RIGHTS OF USE OR
DISCLOSURE WILL NOT BE RELEASED TO NONGOVERNMENT PARTIES WITHOUT THE
PRIOR WRITTEN CONSENT OF THE SENDING GOVERNMENT.
(6) ALL DOCUMENTS RELATING TO THIS INFORMATION EXCHANGE PROJECT WHICH
ARE TRANSMITTED BY THE UNITED KINGDOM GOVERNMENT WILL BE MARKED WITH A
LEGEND INDICATING THAT THEY ARE OF UNITED KINGDOM ORIGIN, THAT THEY
RELATE TO THE PROJECT, AND THE CONDITIONS UNDER WHICH THE DOCUMENTS ARE
RELEASED. IF A REQUEST IS RECEIVED FOR INFORMATION UNDER THE FREEDOM OF
INFORMATION ACT, THE US GOVERNMENT WILL IMMEDIATELY CONSULT WITH THE UK
GOVERNMENT AND, BASED ON THE GOVERNMENTS' JOINT DECISION, WILL, IF SO
DECIDED, USE ITS BEST EFFORTS TO PREVENT DISCLOSURE OF THE INFORMATION.
B. A GOVERNMENT ORIGINATING INFORMATION MAY RELEASE IT WITHOUT
CONDITION IF IT SO DESIRES AND IS PERMITTED BY ITS OWN LAWS AND
REGULATIONS. INFORMATION SO RELEASED WITHOUT CONDITIONS WILL CARRY NO
REFERENCE TO THIS PROJECT.
C. THE SENDING GOVERNMENT WILL IDENTIFY ANY INFORMATION EXCHANGED
UNDER THE CONDITIONS OF THIS PROJECT THAT IS SUBJECT TO LIMITED RIGHTS
OF USE OR DISCLOSURE.
2. TRANSMISSION OF INFORMATION:
A. TRANSMISSION OF INFORMATION WILL BE IN ACCORDANCE WITH PARAGRAPHS
2D AND 2E OF THIS ANNEX, EXCEPT THAT:
(1) ORAL AND VISUAL EXCHANGE OF TECHNICAL INFORMATION AT MEETINGS AND
CONFERENCES IS PERMISSIBLE BETWEEN PERSONNEL AUTHORIZED TO MAKE SUCH
EXCHANGES BY THE RESPECTIVE PROJECT OFFICERS. SUCH EXCHANGES WILL BE
NOTED AND REGARDED AS SUBJECT TO THE GENERAL CONDITIONS OF PARAGRAPH 1
OF THIS ANNEX.
(2) CLASSIFIED PATENT APPLICATIONS AND CORRESPONDENCE RELATING
THERETO SHALL CONTINUE TO BE DEALT WITH ACCORDING TO PROCEDURES ALREADY
ESTABLISHED BETWEEN THE RESPECTIVE GOVERNMENTS.
B. FOR ALL CLASSIFIED INFORMATION RELEASED, A RECEIPT IDENTIFYING
THAT INFORMATION IN DETAIL MUST BE OBTAINED AND MAINTAINED BY THE
PROJECT OFFICER OF THE SENDING GOVERNMENT.
C. REGARDLESS OF SECURITY CLASSIFICATION, ALL RELEASES OF DOCUMENTARY
INFORMATION MUST BE RECORDED BY THE PROJECT OFFICER OF THE SENDING
PARTY. IN THE CASE OF UNCLASSIFIED DOCUMENTS, IT WILL BE THE
RESPONSIBILITY OF THE RELEASING OFFICE TO NOTIFY THE PROJECT OFFICER FOR
THE PURPOSE OF RECORDING.
D. THE TRANSMISSION OF UNITED STATES' DOCUMENTS AND CORRESPONDENCE
PERTAINING TO THIS PROJECT WILL BE IN ACCORDANCE WITH THE FOLLOWING
PROCEDURES:
(1) CLASSIFIED DOCUMENTS WILL BE RELEASED, THROUGH APPROPRIATE
FOREIGN DISCLOSURE CHANNELS, ONLY BY THE US PROJECT OFFICER. SUCH
DOCUMENTS WILL BE FORWARDED TO THE UK PROJECT OFFICER VIA THE BRITISH
DEFENCE RESEARCH AND DEVELOPMENT STAFF, WASHINGTON;
(2) UNCLASSIFIED CORRESPONDENCE AND DOCUMENTATION MAY BE FORWARDED BY
ANY US PARTICIPANTS, LISTED IN PARAGRAPH 6 OF THE BASIC IEP, DIRECTLY TO
THE UK ADDRESSEE PROVIDED THE US PROJECT OFFICER IS NOTIFIED.
E. THE TRANSMISSION OF UNITED KINGDOM DOCUMENTS AND CORRESPONDENCE
PERTAINING TO THIS PROJECT WILL BE IN ACCORDANCE WITH THE FOLLOWING
PROCEDURES:
(1) CLASSIFIED DOCUMENTS WILL BE FORWARDED TO THE UK PROJECT OFFICER
AND TRANSMITTED TO THE US PROJECT OFFICER VIA THE BRITISH DEFENCE
RESEARCH AND DEVELOPMENT STAFF, WASHINGTON.
(2) UNCLASSIFIED CORRESPONDENCE AND DOCUMENTATION MAY BE FORWARDED BY
ANY UK PARTICIPANT LISTED IN PARAGRAPH 6 OF THE BASIC IEP, DIRECTLY TO
THE US ADDRESSEE PROVIDED THE UK PROJECT OFFICE IS NOTIFIED.
3. FINANCIAL RESPONSIBILITIES:
EACH GOVERNMENT WILL PROVIDE, SUBJECT TO MUTUAL CONSENT FOR
REIMBURSEMENT OF EXPENSES CONSISTING OF ASSEMBLING, REPRODUCING, AND
SHIPPING INCURRED BY ANOTHER AND ITS CONTRACTORS IN SUPPLYING ALL
INFORMATION, DATA, DRAWINGS, PLANS, SPECIFICATIONS AND MATERIAL SAMPLES
PERTAINING TO THE PROJECT.
USE OF FOREIGN CONTROLLED FACILITIES:
NO FACILITY SHALL BE EMPLOYED IN THE PROGRAMS OF THE PARTICIPATING
GOVERNMENTS OR UTILIZED FOR RESEARCH AND DEVELOPMENT UNDER THE PROJECT,
IN WHICH USE IS MADE OF INFORMATION FURNISHED BY ONE OF THE
PARTICIPATING GOVERNMENTS IF THE FINANCIAL, ADMINISTRATIVE, POLICY OR
MANAGEMENT CONTROL OF SUCH FACILITY IS DIRECTED BY CITIZENS OF ANY
COUNTRY OTHER THAN THE UNITED STATES OR THE UNITED KINGDOM, WITHOUT THE
PRIOR APPROVAL OF THE GOVERNMENT FURNISHING THE INFORMATION.
5. RELEASE OF PRIVATELY OWNED INFORMATION FOR INFORMATION ONLY:
A. TECHNICAL INFORMATION WHICH IS KNOWN OR BELIEVED TO BE PRIVATELY
OWNED OR DEVELOPED MAY BE RELEASED "FOR INFORMATION ONLY" IF ANY ONE OF
THE FOLLOWING CONDITIONS IS MET:
(1) THE OWNER EXPRESSLY CONSENTS TO THE PROPOSED RELEASE.
(2) THE RELEASING OR SENDING PARTY, BY CONTRACT OR OTHERWISE, HAS
ACQUIRED THE INFORMATION UNDER CIRCUMSTANCES WHICH PERMIT THE PROPOSED
RELEASE.
(3) APPROPRIATE OFFICIALS OF THE RELEASING OR SENDING PARTY DETERMINE
THAT UNDER THEIR LAWS, REGULATIONS AND POLICIES THEY MAY PERMIT RELEASE
OF THE INFORMATION WITHOUT CONSENT OF THE OWNER.
B. WHEN TECHNICAL INFORMATION WHICH IS KNOWN OR BELIEVED TO BE
PRIVATELY OWNED IS RELEASED FOR INFORMATION ONLY UNDER THIS PARAGRAPH,
IT WILL BE SUBJECT TO THE RECEIVING GOVERNMENT ACCEPTING THE GENERAL
CONDITIONS AND THE FOLLOWING ADDITIONAL CONDITIONS, A COPY OF WHICH
SHALL BE PERMANENTLY AFFIXED THERETO IN A CONSPICUOUS PLACE OR MANNER:
(1) THIS INFORMATION IS ACCEPTED UNDER THE UNDERSTANDING THAT IT
MIGHT BE PRIVATELY OWNED OR DEVELOPED.
(2) THIS INFORMATION IS ACCEPTED SOLELY FOR THE PURPOSE OF
INFORMATION AND WILL ACCORDINGLY BE TREATED AS DISCLOSED IN CONFIDENCE.
THE RECEIVING GOVERNMENT WILL USE ITS BEST ENDEAVORS TO INSURE THAT THE
INFORMATION IS NOT DEALT WITH IN ANY MANNER LIKELY TO PREJUDICE THE
RIGHTS OF THE PRIVATE OWNER THEREOF, INCLUDING THE RIGHT TO OBTAIN
PATENT OR OTHER LIKE STATUTORY PROTECTION THEREFOR.
(3) IF SUBJECT TO PARAGRAPH 1A(5) THE INFORMATION IS SUBMITTED TO
NONGOVERNMENT RECIPIENTS, SUCH RECIPIENTS SHALL RECEIVE THE INFORMATION
ON THE SAME CONDITIONS AS THE RECEIVING GOVERNMENT; THE RECEIVING
GOVERNMENT WILL OBTAIN THE PRIOR CONSENT OF THE SENDING GOVERNMENT TO
THE RELEASE OF SUCH INFORMATION TO NON-GOVERNMENT ORGANIZATION.
(4) THE RECEIVING PARTY WILL OBTAIN THE CONSENT OF THE SENDING PARTY
IF IT DESIRES THAT THIS INFORMATION BE MADE AVAILABLE FOR MANUFACTURE,
OR USE, FOR DEFENSE PURPOSES.
6. RELEASE FOR MANUFACTURE AND 8SE FOR DEFENSE PURPOSES:
A. WHENEVER A REQUEST FOR RELEASE OF TECHNICAL INFORMATION FOR
"MANUFACTURE OR USE FOR DEFENSE PURPOSES" IS SUBMITTED TO THE SENDING
GOVERNMENT, THE GOVERNMENT RECEIVING THE REQUEST WILL DETERMINE WHETHER
THE INFORMATION IS PRIVATELY OWNED OR DEVELOPED AND WHERE IT IS SO
FOUND, WILL SEEK THE CONSENT OF THE OWNER FOR THE RELEASE.
B. IF THE TECHNICAL INFORMATION REQUESTED IS PRIVATELY OWNED OR
DEVELOPED AND THE GOVERNMENT RECEIVING THE REQUEST IS UNABLE TO OBTAIN
PERMISSION FOR RELEASE OF THE INFORMATION FOR "MANUFACTURE AND USE FOR
DEFENSE PURPOSES", THE GOVERNMENT RECEIVING THE REQUEST WILL PERMIT THE
REQUESTING GOVERNMENT OR ITS CONTRACTOR, TO NEGOTIATE DIRECTLY WITH THE
OWNER AND WILL, WHERE POSSIBLE, ASSIST IN SUCH NEGOTIATIONS. WHERE THE
OWNER WILL NEITHER CONSENT NOR NEGOTIATE IN RESPECT TO THE INFORMATION,
THE SENDING GOVERNMENT WILL TAKE STEPS IN ACCORDANCE WITH ITS LAWS TO
ATTEMPT TO OBTAIN THE USE OF THE INFORMATION.
C. WHERE ANY TECHNICAL INFORMATION IS RELEASED IN ACCORDANCE WITH
THIS PARAGRAPH 6, SUCH RELEASE SHALL BE SUBJECT TO THE GENERAL
CONDITIONS OF RELEASE CONTAINED IN PARAGRAPH 1 OF THIS ANNEX.
D. WHEN A SENDING GOVERNMENT INCURS A LIABILITY UNDER ITS LAWS AS A
RESULT OF A RELEASE OR UNAUTHORIZED USE OF TECHNICAL INFORMATION BY THE
RECEIVING GOVERNMENT OR ITS AGENTS, THE RECEIVING GOVERNMENT WILL WITHIN
THE LIMITS PERMITTED BY ITS LAWS OR EXISTING AGREEMENTS, AND SUBJECT TO
AVAILABILITY OF FUNDS, REIMBURSE THE SENDING PARTY. THE FOREGOING SHALL
NOT PREVENT THE SENDING PARTY FROM ENTERING INTO A SETTLEMENT WITH THE
OWNER OF THE PRIVATELY DEVELOPED INFORMATION OR PATENTS BUT NO LIABILITY
SHALL BE INCURRED BY RECEIVING PARTY UNLESS IT PARTICIPATES IN OR
CONSENTS TO THE SETTLEMENT.
7. PATENT APPLICATIONS TO BE PLACED IN SECRECY:
A. EACH GOVERNMENT WHEN SO REQUESTED BY THE OTHER WILL, TO THE EXTENT
CONSISTENT WITH ITS LAWS AND RULES RESPECTING PATENTS, PLACE IN SECRECY
AN APPLICATION FOR PATENT FILED IN ITS JURISDICTION RELATING TO
CLASSIFIED INFORMATION RELEASED TO IT UNDER THIS PROJECT FOR SO LONG AS
IT IS DESIRED BY THE SENDING GOVERNMENT.
B. EACH GOVERNMENT WILL, WHERE CONSISTENT WITH ITS LAWS AND PATENT
RULES, USE ITS BEST ENDEAVORS TO SUPPLY REPORTS TO THE OTHER PARTY, IF
IT IS KNOWN OR BELIEVED THAT THE INVENTION DISCLOSED IN A PATENT
APPLICATION RELATING TO CLASSIFIED SUBJECT MATTER HAS BEEN EMBODIED IN
ANY DEVICE OR PRACTICED IN ANY PROCESS.
8. LICENSING ARRANGEMENTS:
A. SUBJECT TO OTHER PROVISIONS OF THIS PROJECT, THE PARTICIPATING
GOVERNMENTS AGREE TO GRANT ONE ANOTHER A ROYALTY FREE NONEXCLUSIVE
LICENSE UNDER ANY INVENTION RELEVANT TO THIS PROJECT WHICH IS GOVERNMENT
OWNED OR UNDER WHICH THE GOVERNMENT MAY GRANT A LICENSE WITHOUT PAYMENT
TO OTHERS AND UNDER ANY PATENTS WHICH MAY ISSUE ON SUCH INVENTIONS.
SAID LICENSE WILL BE LIMITED TO PRODUCTION AND USE FOR NATIONAL LICENSE
PURPOSES. DISPOSAL OF ANY EQUIPMENT INCORPORATING SUCH INVENTIONS WILL
ONLY BE MADE TO OTHERS WITH THE CONSENT OF THE LICENSOR.
B. EACH GOVERNMENT WILL MAKE AVAILABLE TO THE OTHER, GOVERNMENT OWNED
PATENT APPLICATIONS RELATING TO INVENTIONS IN THE FIELD OF THIS
INTERCHANGE AND, IF SPECIFICALLY REQUESTED, MAY AUTHORIZE THE REQUESTING
GOVERNMENT TO FILE PATENT APPLICATIONS IN THE REQUESTING GOVERNMENT'S
COUNTRY ON SUCH INVENTIONS AND AT THE REQUESTING GOVERNMENT'S EXPENSE.
PHILIPPINES 21 JUL 1975 FLITE DOCUMENT NO. 7900103
ARRANGEMENT EXECUTED 25 JUNE AND 21 JULY 1975.
ARRANGEMENT REGARDING PARTICIPATION IN GEODETIC SURVEYS IN 1975.
1. THE DEPARTMENT OF NATIONAL DEFENSE REPRESENTED BY THE PHILIPPINE
NAVY AND THE BUREAU OF COAST AND GEODETIC SURVEY (BCGS) AND THE U.S.
NAVAL OCEANOGRAPHIC OFFICE AGREE TO PARTICIPATE IN GEODETIC SURVEYS IN
1975. THESE SURVEYS TO BE CONDUCTED AT THE FOLLOWING LOCATIONS:
A. LAOAG, HOCOS NORTE B. SAN FERNANDO, LA UNION C. HERMANA MAYOR
ISLAND, ZAMBALES
D. BAGAC, BATAAN E. CORON, PALAWAN F. ULUGAN BAY, PALAWAN G. ERAN
BAY, PALAWAN H. BALABAC
ISLAND, PALAWAN
2. UNDER TERMS OF THIS AGREEMENT AND SUBJECT TO THE AVAILABILITY OF
AUTHORIZED FUNDS AND GEODETIC ASSETS, THE RESPONSIBILITIES OF THE
PARTICIPATING AGENCIES ARE AS FOLLOWS:
A. U.S. DEPARTMENT OF DEFENSE PARTICIPATION
(1) U.S. NAVAL OCEANOGRAPHIC OFFICE (NAVOCEANO) NAVOCEANO WILL
PROVIDE:
(A) ONE GEODESIST, TO COLLECT DOPPLER SATELLITE DATA TO DETERMINE
EIGHT CENTER-OF-MASS POSITIONS.
(B) ONE GEOCEIVER COMPLETE WITH SPARES AND ACCESSORIES FOR THESE
OPERATIONS.
(C) TRAINING IN GEOCEIVER OPERATIONS AND FIELD MAINTENANCE TO BE
GIVEN ON-SITE TO BCGS PERSONNEL BY THE NAVOCEANO GEODESIST. TRAINING
WILL BE IN ENGLISH.
(D) EPHEMERIDES FOR SATELLITE PASSES.
(E) FINAL CENTER-OF-MASS POSITIONS.
B. PHILIPPINE DEPARTMENT OF NATIONAL DEFENSE PARTICIPATION
(1) ASSISTANT OBSERVERS, AT LEAST TWO AT ALL TIMES, FOR GEOCEIVER
OPERATIONS WHO WILL BE TRAINED BY THE NAVOCEANO GEODESIST.
(2) GEODETIC EQUIPMENT (E.G., THEODOLITES AND DISTANCE MEASURING
EQUIPMENT AND GEODETIC TIES TO LOCAL GEODETIC CONTROL. THIS EQUIPMENT
WILL BE USED ALSO TO ESTABLISH REFERENCE MARKS.
(3) SECURITY OF NAVOCEANO PERSONNEL AND EQUIPMENT AGAINST WEATHER,
THEFT AND HARM.
(4) DUTY FREE ENTRY OF NAVOCEANO GEOCEIVER EQUIPMENT.
(5) MONUMENTATION OF GEOCEIVER STATIONS INCLUDING SUBSURFACE MARKS IF
APPROPRIATE. MONUMENTS SHALL BE EMBEDDED IN ROCK OR CONCRETE.
(6) LOGISTIC SUPPORT CONSISTING OF:
(A) ALL TRAVEL ARRANGEMENTS AND EXPENSES WITHIN THE REPUBLIC OF THE
PHILIPPINES FOR THE NAVOCEANO REPRESENTATIVE AND EQUIPMENT FROM THE TIME
OF HIS ARRIVAL TO THE TIME OF HIS DEPARTURE.
(B) BERTHING AND MESSING FOR THE NAVOCEANO REPRESENTATIVE(S).
(C) SHELTER FOR THE GEOCEIVER EQUIPMENT AND OPERATIONS.
(D) FUEL, OIL, LUBRICANT, HAND TOOLS, BUILDING MATERIALS, AND
ELECTRICITY FROM EITHER A LINE OR PORTABLE GENERATOR SOURCE.
(E) LABOR
(F) COMMUNICATIONS BY RADIO OR TELEPHONE WITH USDAO, MANILA.
SIGNED BY THE FOLLOWING PARTIES ON THE DATES INDICATED:
DATE 25 JUNE 1975
COMMODORE JAYME V. PRESBITERO
DIRECTOR, BUREAU OF COAST
AND GEODETIC SURVEY
EGYPT 21 AUG 1975 FLITE DOCUMENT NO. 7900102
EXCHANGE OF NOTES EXECUTED 6 JULY AND 21 AUGUST 1975.
EXCHANGE OF NOTES RELATING TO THE CLEARING OF MINEFIELDS IN THE PORT
SAID AREA APPLYING THE PROVISIONS OF THE 13 APRIL 1974 EXCHANGE OF
LETTERS PERTAINING TO THE CLEARING OF MINEFIELDS IN THE SUEZ CANAL.
MINISTRY
OF FOREIGN AFFAIRS
CABINET OF THE MINISTER
EXCELLENCY,
I REFER TO DISCUSSIONS HELD LAST AUTUMN BETWEEN REPRESENTATIVES OF
OUR TWO NAVIES AND BETWEEN US ON THE POSSIBILITY OF THE UNITED STATES
NAVY ASSISTING THE EGYPTIAN NAVY IN CLEARING THE MINEFIELDS IN THE AREA
OF PORT SAID AND TO THE WEST OF THAT CITY.
HAVING IN MIND YOUR GOVERNMENT'S EXPRESSION OF WILLINGNESS TO ASSIST,
I REQUEST THAT YOUR EXCELLENCY CONVEY TO THE GOVERNMENT OF THE UNITED
STATES THE REQUEST OF MY GOVERNMENT THAT IT ASSIST THE EGYPTIAN NAVY IN
CLEARING THE MINEFIELDS IN THE PORT SAID AREA IN THE SAME MANNER IN
WHICH IT ASSISTED IN SUEZ CANAL CLEARANCE. I BELIEVE THAT SUCH A
MISSION CAN BE CONDUCTED IN THE CONTEXT OF THE EXCHANGE OF LETTERS,
DATED APRIL 13, 1974 CONCERNING THE CLEARANCE OF THE SUEZ CANAL. IF ANY
MODIFICATIONS ARE REQUIRED, WE ARE PREPARED TO AMEND THE EXCHANGE OF
LETTERS AS NECESSARY.
I WOULD BE GRATEFUL FOR AN EXPEDITIOUS RESPONSE TO PERMIT OUR TWO
NAVIES TO BEGIN COORDINATION ON HOW BEST TO PERFORM THIS TASK.
ACCEPT, EXCELLENCY, THE ASSURANCES OF MY HIGHEST CONSIDERATION.
NO, 141
THE EMBASSY OF THE UNITED STATES OF AMERICA PRESENTS ITS COMPLIMENTS
TO THE MINISTRY OF FOREIGN AFFAIRS OF THE ARAB REPUBLIC OF EGYPT AND HAS
THE HONOR TO REFER TO THE ARRANGEMENTS OF APRIL 25 1974 BETWEEN THE
UNITED STATES OF AMERICA AND EGYPT FOR THE CLEARANCE OF MINES AND
UNEXPLODED ORDNANCE FROM THE SUEZ CANAL AND ITS ENVIRONS AND TO THE
LETTER OF JULY 6, 1975 FROM FOREIGN MINISTER FALMY REQUESTING THE
GOVERNMENT OF THE UNITED STATES TO UNDERTAKE SIMILAR OPERATIONS IN THE
AREA OF PORT SAID AND OFFERING ON BEHALF OF THE GOVERNMENT OF EGYPT TO
APPLY TO SUCH OPERATIONS AND TO UNITED STATES PERSONNEL INVOLVED IN SUCH
OPERATIONS ALL THE PROVISIONS OF THE ABOVE CITED 1974 ARRANGEMENT. THE
EMBASSY WISHES TO ACCEPT THE LATTER OFFER OF THE GOVERNMENT OF EGYPT AND
TO STATE THAT PENDING A SUBSEQUENT FORMAL EXCHANGE OF NOTES BETWEEN THE
TWO GOVERNMENTS, THE ABOVE CITED LETTER AND THIS NOTE CONSTITUTES
AGREEMENT BETWEEN THE GOVERNMENT OF THE UNITED STATES OF AMERICA AND THE
GOVERNMENT OF EGYPT TO APPLY ALL THE PROVISIONS OF THE ABOVE CITED 1974
ARRANGEMENT TO THE PORT SAID OPERATIONS DESCRIBED ABOVE AND UNITED
STATES PERSONNEL INVOLVED IN SUCH OPERATIONS.
THE EMBASSY OF THE UNITED STATES OF AMERICA TAKES THIS OPPORTUNITY TO
RENEW TO THE MINISTRY OF FOREIGN AFFAIRS THE ASSURANCES OF ITS HIGHEST
CONSIDERATION.
ZAIRE 12 DEC 1975 FLITE DOCUMENT NO. 7900101
CREDIT AGREEMENT EXECUTED 12 DECEMBER 1975.
CREDIT AGREEMENT FOR THE PURCHASE OF DEFENSE ARTICLES AND SERVICES OF
UNITED STATES ORIGIN.
CREDIT AGREEMENT, MADE AND ENTERED INTO THE TWELFTH DAY OF DECEMBER,
1975, BETWEEN THE GOVERNMENT OF ZAIRE, REPRESENTED BY ITS CHARGE
D'AFFAIRES, OF THE EMBASSY OF ZAIRE, AND THE GOVERNMENT OF THE UNITED
STATES OF AMERICA, REPRESENTED BY THE DEPARTMENT OF DEFENSE OF THE
UNITED STATES OF AMERICA.
WHEREAS, THE GOVERNMENT OF ZAIRE (HEREINAFTER SOMETIMES REFERRED TO
AS THE "BORROWER") DESIRES TO ENTER INTO PURCHASE CONTRACTS (HEREINAFTER
REFERRED TO AS "PURCHASE ARRANGEMENTS") WITH THE MILITARY DEPARTMENTS
AND AGENCIES OF THE UNITED STATES DEPARTMENT OF DEFENSE (HEREINAFTER
REFERRED TO AS "DOD") AND/OR VARIOUS UNITED STATES COMMERCIAL SUPPLIERS
FOR THE PURCHASE OF DEFENSE ARTICLES AND SERVICES OF UNITED STATES
ORIGIN (HEREINAFTER COLLECTIVELY REFERRED TO AS "DEFENSE ITEMS"); AND
WHEREAS, THE BORROWER HAS REQUESTED THE GOVERNMENT OF THE UNITED
STATES OF AMERICA (HEREINAFTER SOMETIMES REFERRED TO AS THE "LENDER") TO
FINANCE PAYMENTS REQUIRED TO BE MADE BY THE BORROWER UNDER THE PURCHASE
ARRANGEMENTS; AND
WHEREAS, THE AFORESAID REQUESTED CREDIT WILL FACILITATE THE PURPOSES
OF THE UNITED STATES FOREIGN MILITARY SALES ACT, AS AMENDED;
NOW THEREFORE, IN CONSIDERATION OF THE PREMISE AND THE MUTUAL
COVENANTS HEREINAFTER SET FORTH, AND IN IMPLEMENTATION OF, AND SUBJECT
TO THE PROVISIONS OF THE EXCHANGE OF NOTES BETWEEN THE GOVERNMENT OF
ZAIRE AND THE AND THE GOVERNMENT OF THE UNITED STATES OF AMERICA, DATED
JUNE 24 AND JULY 19, 1963, THE PARTIES HERETO AGREE AS FOLLOWS:
1. SUBJECT TO THE TERMS AND CONDITIONS HEREOF, THE LENDER AGREES TO
MAKE LOANS TO THE BORROWER FROM TIME TO TIME IN AN AGGREGATE PRINCIPAL
AMOUNT UP TO BUT NOT EXCEEDING $19.0 MILLION (HEREINAFTER CALLED THE
"COMMITMENT").
2. THE AFORESAID COMMITMENT SHALL BE AVAILABLE ONLY TO FINANCE THE
PURCHASE OF DEFENSE ITEMS BY THE BORROWER PURSUANT TO PURCHASE
ARRANGEMENTS AUTHORIZED FOR SUCH FINANCING BY DOD WHICH ARE ENTERED INTO
BY THE BORROWER ON OR BEFORE JUNE 30, 1977. EACH AUTHORIZATION FOR THE
BORROWER TO ENTER INTO A PURCHASE ARRANGEMENT IN IMPLEMENTATION OF THIS
CREDIT AGREEMENT SHALL BE SEPARATELY COMMUNICATED BY DOD IN WRITING TO
THE BORROWER, WHICH AUTHORIZATION SHALL SPECIFY THE DEFENSE ITEMS AND
THE AMOUNT OF CREDIT AUTHORIZED FOR THE PURCHASE ARRANGEMENT. THE
BORROWER SHALL INCORPORATE INTO EACH SUCH PURCHASE ARRANGEMENT WITH
COMMERCIAL SUPPLIERS THE PROVISIONS OF ANNEX A HERETO AND ATTACH AS AN
EXHIBIT TO THE PURCHASE ARRANGEMENT A TRUE COPY OF THE APPLICABLE
AFORESAID AUTHORIZATION AND OF PARAGRAPH 9 OF THIS CREDIT AGREEMENT.
3. EACH LOAN HEREUNDER BY THE LENDER SHALL BE MADE IN ACCORDANCE
WITH THE FOLLOWING PROCEDURES:
(A) EACH LOAN SHALL BE MADE ON SUCH DATE (HEREINAFTER REFERRED TO AS
A "DISBURSEMENT DATE") AS MAY BE DESIGNATED BY THE BORROWER FROM TIME TO
TIME UPON TEN (10) DAYS WRITTEN NOTICE BY THE BORROWER TO THE LENDER.
(B) EACH NOTICE SHALL SPECIFY THE AMOUNT OF THE LOAN TO BE MADE BY
THE LENDER ON THE DISBURSEMENT DATE, AND SHALL SPECIFY THE SUPPLIER OR
SUPPLIERS (INCLUDING THE MILITARY DEPARTMENTS OR AGENCIES OF DOD) TO
WHOM THE DISBURSEMENT IS TO BE REMITTED BY THE LENDER,
(C) EACH NOTICE SHALL BE PREPARED IN QUADRUPLICATE ON U.S. STANDARD
FORM 1034 AND SHALL BE SENT TO THE COMPTROLLER, DEFENSE SECURITY
ASSISTANCE AGENCY, THE PENTAGON, WASHINGTON, D.C. 20301.
(D) IN THE CASE OF DISBURSEMENTS REQUESTED TO BE MADE TO COMMERCIAL
SUPPLIERS, THE INVOICES SHALL BE PREPARED IN ACCORDANCE WITH THE
PROCEDURE SET FORTH IN ANNEX A HERETO.
(E) IN THE CASE OF DISBURSEMENTS REQUESTED TO BE MADE TO THE MILITARY
DEPARTMENTS AND AGENCIES OF DOD, THE NOTICES SHALL HAVE ANNEXED THERETO
COPIES OF THE PAYMENT REQUEST RECEIVED BY THE BORROWER FROM SUCH
MILITARY DEPARTMENT OR AGENCY AGAINST WHICH DISBURSEMENT IS REQUESTED.
(F) WITH EACH NOTICE, THE BORROWER SHALL CONCURRENTLY TRANSMIT TO THE
LENDER AT THE ADDRESS SET FORTH IN SUBPARAGRAPH (C) ABOVE OF THIS
PARAGRAPH A PROMISSORY NOTE SUBSTANTIALLY IN THE FORM OF ANNEX B HERETO
(WITH THE BLANKS APPROPRIATELY FILLED IN) RECITING THE OBLIGATION OF THE
BORROWER TO REPAY THE AMOUNT OF SUCH LOAN WITH INTEREST THEREON AS
HEREINAFTER SET FORTH; (THE PROMISSORY NOTES HEREINABOVE REFERRED TO
ARE HEREINAFTER CALLED THE "NOTES" AND INDIVIDUALLY A "NOTE").
4. ALL DEFENSE ARTICLES, THE PURCHASE OF WHICH IS TO BE FINANCED
HEREUNDER, AND WHICH MAY BE TRANSPORTED BY OCEAN VESSEL; SHALL BE
TRANSPORTED IN VESSELS OF UNITED STATES REGISTRY UNLESS A WAIVER OF THIS
REQUIREMENT IS OBTAINED. IF A WAIVER IS NECESSARY, THE BORROWER'S
REQUEST SHOULD BE ADDRESSED TO THE DIRECTOR, DEFENSE SECURITY ASSISTANCE
AGENCY, RM 4E837, DEPARTMENT OF DEFENSE, WASHINGTON, DC 20301, WITH A
COPY TO THE DIRECTOR, OFFICE OF MARKET DEVELOPMENT, MARITIME
ADMINISTRATION, U.S; DEPARTMENT OF COMMERCE, WASHINGTON, D.C. 20230.
(SEE "MARINE TRANSPORTATION WAIVER PROCEDURES", ANNEX D.)
A WAIVER MAY BE GRANTED BY THE DIRECTOR, DEFENSE SECURITY ASSISTANCE
AGENCY, UPON REQUEST BY THE BORROWER:
(A) WHERE THE BORROWER PROPOSED TO TRANSPORT NOT MORE THAN FIFTY
PERCENT (50%) OF THE SHIPMENT ABOARD VESSELS OF ITS NATIONAL FLAG, UPON
THE CONDITION THAT THE IMPORTING COUNTRY DOES NOT DISCRIMINATE AGAINST
VESSELS OF U.S. REGISTRY. (WHEN SO REQUESTING, THE BORROWER MUST SUBMIT
ITS REQUEST SUFFICIENTLY IN ADVANCE OF THE INTENDED SHIPPING DATE TO
ENABLE VERIFICATION OF THE TREATMENT ACCORDED VESSELS OF U.S. REGISTRY
BY THE IMPORTING NATION, AND TO PROCESS THE APPLICATION); OR
(B) ON THE BASIS OF THE NON-AVAILABILITY OF VESSELS OF UNITED STATES
REGISTRY AT REASONABLE RATES. (WHEN SO REQUESTING, THE BORROWER MUST
ESTABLISH AND DOCUMENT ALL APPLICABLE COMPARATIVE RATES, AND MUST SUBMIT
SUCH INFORMATION SUFFICIENTLY IN ADVANCE OF THE INTENDED SHIPPING DATE
TO ENABLE VERIFICATION OF THE NON-AVAILABILITY OF VESSELS OF UNITED
STATES REGISTRY AT REASONABLE RATES AND TO PROCESS THE APPLICATION);
(C) ON THE BASIS OF THE NON-AVAILABILITY OF VESSELS OF UNITED STATES
REGISTRY. (WHEN SO REQUESTING, THE BORROWER MUST ESTABLISH AND DOCUMENT
THAT IT HAS MADE A REASONABLE, TIMELY AND BONA FIDE EFFORT TO ARRANGE
SHIPMENT ON VESSELS OF UNITED STATES REGISTRY, AND THAT SUCH VESSELS ARE
NOT AVAILABLE. SUCH APPLICATION MUST BE SUBMITTED SUFFICIENTLY IN
ADVANCE OF THE INTENDED SHIPPING DATE TO ENABLE VERIFICATION OF THE
NON-AVAILABILITY OF VESSELS OF UNITED STATES REGISTRY AND TO PROCESS THE
APPLICATION);
(D) ON THE BASIS OF SECURITY REQUIREMENTS OF THE BORROWER TO ASSURE
SAFE ARRIVAL (WHEN SO REQUESTING, THE BORROWER MUST PROVIDE THE SPECIFIC
SECURITY OR SAFETY REQUIREMENTS AND INFORMATION INVOLVED IN SUCH
SHIPMENTS SUFFICIENTLY IN ADVANCE OF THE INTENDED SHIPPING DATE TO
ENABLE VERIFICATION OF THE SECURITY OR SAFETY REQUIREMENTS AND TO
PROCESS THE APPLICATION).
(E) THE BORROWER OR ITS COMMERCIAL SUPPLIERS SHALL BE RESPONSIBLE FOR
OBTAINING SUCH EXPORT LICENSES AS MAY BE NECESSARY FOR DEFENSE ITEMS
FINANCED HEREUNDER.
5. THIS AGREEMENT EVIDENCES THE LEGAL AND BINDING OBLIGATION OF THE
BORROWER TO MAKE REPAYMENTS TO THE LENDER FOR DISBURSEMENTS MADE BY THE
LENDER IN ACCORDANCE WITH THE TERMS HEREOF. THE LENDER MAY SELL OR
ASSIGN, IN WHOLE OR IN PART, ITS RIGHTS TO SAID REPAYMENTS AND MAY, WITH
RESPECT TO SUCH SALE OR ASSIGNMENT, GUARANTEE PAYMENT OF THE SAME.
6. (A) THE BORROWER SHALL REPAY THE DISBURSEMENTS MADE BY THE LENDER
IN ACCORDANCE WITH THE PRINCIPAL REPAYMENT SCHEDULE SET FORTH IN ANNEX C
HERETO, AND SHALL PAY INTEREST SEMIANNUALLY ON JUNE 30, AND DECEMBER 31
COMMENCING JUNE 30, 1976, AT THE RATE OF EIGHT AND ONE EIGHTS PERCENT (8
1/8%) PER ANNUM, USING A 365 DAY FACTOR, ON THE AMOUNT BY WHICH FROM
TIME TO TIME CUMULATIVE DISBURSEMENTS EXCEED CUMULATIVE REPAYMENTS OF
PRINCIPAL,
(B) IF ON ANY INSTALLMENT REPAYMENT DATE SET FORTH IN THE PRINCIPAL
REPAYMENT SCHEDULE THE BORROWER SHALL NOT HAVE AVAILED ITSELF OF THE
COMMITMENT OF THE LENDER IN AN AGGREGATE AMOUNT (LESS REPAYMENTS
PREVIOUSLY MADE) EQUAL TO THE AGGREGATE INSTALLMENT OF PRINCIPAL WHICH
IS REPAYABLE ON SUCH DATE TO THE LENDER, THE BORROWER SHALL, ON SUCH
INSTALLMENT DATE, REPAY TO THE LENDER THE FULL AMOUNT (LESS REPAYMENTS
PREVIOUSLY MADE) TO WHICH IT HAS AVAILED ITSELF OF THE COMMITMENT OF THE
LENDER TO SUCH DATE, TOGETHER WITH THE INTEREST ACCRUED THEREON. IF AT
ANY TIME THEREAFTER THE BORROWER SHALL AVAIL ITSELF OF THE COMMITMENT OF
THE LENDER IN AN AMOUNT WHICH WOULD HAVE BEEN PAYABLE ON A PRIOR
INSTALLMENT REPAYMENT DATE BUT FOR THE PROVISIONS OF THE IMMEDIATELY
PRECEDING SENTENCE, SUCH AMOUNT, TOGETHER WITH THE INTEREST ACCRUED
THEREON, SHALL BE REPAYABLE ON THE NEXT SUCCEEDING INSTALLMENT DATE OF
THE PRINCIPAL REPAYMENT SCHEDULE OCCURRING AFTER THE DISBURSEMENT OF
SUCH AMOUNT AND THE SAID AGGREGATE INSTALLMENT OF PRINCIPAL REPAYABLE
UNDER THE PRINCIPAL REPAYMENT SCHEDULE TO THE LENDER ON THAT DATE SHALL
BE INCREASED BY SUCH AMOUNT.
(C) IF BY THE DATE SPECIFIED IN PARAGRAPH 2 ABOVE, THE BORROWER SHALL
NOT HAVE ENTERED INTO AUTHORIZED PURCHASE ARRANGEMENTS IN AN AGGREGATE
AMOUNT EQUAL TO THE ENTIRE AMOUNT OF THE COMMITMENT, THE INSTALLMENTS OF
PRINCIPAL REPAYABLE TO THE LENDER SET FORTH IN THE PRINCIPAL REPAYMENT
SCHEDULE SHALL BE REDUCED IN THE INVERSE ORDER OF THE MATURITY THEREOF
TO THE EXTENT OF THE UNUSED BALANCE OF THE COMMITMENT.
(D) WHENEVER ANY REPAYMENT TO BE MADE BY THE BORROWER SHALL BE DUE ON
A SATURDAY, SUNDAY, OR PUBLIC HOLIDAY UNDER THE LAWS OF THE LENDER, SUCH
REPAYMENT MAY BE MADE ON THE NEXT SUCCEEDING BUSINESS DAY, AND SUCH
EXTENSION OF TIME SHALL IN SUCH CASE BE INCLUDED IN COMPUTING INTEREST
IN CONNECTION WITH SUCH REPAYMENT BUT EXCLUDED FROM THE NEXT INTEREST
PERIOD.
(E) THE BORROWER MAY PREPAY THE CREDIT EXTENDED UNDER THIS AGREEMENT
IN PART OR IN FULL ON ANY INTEREST PAYMENT DATE WITHOUT PENALTY OR
PREMIUM, BUT SUCH PREPAYMENT MUST BE ACCOMPANIED BY PAYMENT OF INTEREST
ON THE AMOUNT PREPAID TO THE DATE OF PREPAYMENT AND MUST BE APPLIED TO
THE SATISFACTION OF INSTALLMENTS OF PRINCIPAL REPAYMENTS IN THE INVERSE
ORDER OF THEIR MATURITIES.
(F) ALL REPAYMENTS BY THE BORROWER ON ACCOUNT OF PRINCIPAL OR
INTEREST SHALL BE IN LAWFUL MONEY OF THE UNITED STATES OF AMERICA AND IN
IMMEDIATELY AVAILABLE FUNDS, FREE AND CLEAR OF, AND WITHOUT DEDUCTION
FOR, ANY AND ALL TAXES, LEVIES, IMPOSTS, DEDUCTIONS AND WITHHOLDINGS
WHATSOEVER IMPOSED, LEVIED, COLLECTED OR ASSESSED WITH RESPECT THERETO
BY ANY CENTRAL OR LOCAL AUTHORITY OF ZAIRE,
7. (A) THE NOTES SHALL BE FURTHER EVIDENCE OF THE OBLIGATION OF THE
BORROWER TO REPAY THE LOANS MADE HEREUNDER. EACH NOTE SHALL BE DATED
THE PARTICULAR DISBURSEMENT DATE OF THE LOAN WHICH SUCH NOTE EVIDENCES,
SHALL BE PAYABLE TO THE ORDER OF THE GOVERNMENT OF THE UNITED STATES IN
THE PRINCIPAL AMOUNT OF SUCH DISBURSEMENT, AND SHALL BEAR INTEREST ON
THE UNPAID PRINCIPAL AMOUNT THEREOF AS PROVIDED IN PARAGRAPH 6(A).
(B) THE NOTES SHALL BE COMPLETED BY THE BORROWER IN SUCH A MANNER
THAT REPAYMENT OF SUCH LOANS SHALL BE MADE IN THE ORDER OF THEIR
DISBURSEMENT, UTILIZING THE PRINCIPAL REPAYMENT SCHEDULE SET FORTH IN
ANNEX C (AS THE SAME MAY BE ADJUSTED IN ACCORDANCE WITH PARAGRAPHS 6(B)
AND (C) HEREOF), AND, IN DETERMINING WHETHER A PARTICULAR LOAN IS
REPAYABLE IN ONE OR MORE INSTALLMENTS, UTILIZING A PARTICULAR
INSTALLMENT PAYMENT DATE ONLY AFTER THE FULL UTILIZATION OF THE NEXT
PRECEDING INSTALLMENT DATE;
(C) EACH NOTE SHALL BE SIGNED ON BEHALF OF THE BORROWER BY THE CHARGE
D'AFFAIRES OF THE EMBASSY OF ZAIRE.
8. (A) THE BORROWER REPRESENTS AND WARRANTS THAT THE MAKING AND
PERFORMANCE OF THIS AGREEMENT HAVE BEEN DULY AUTHORIZED IN ACCORDANCE
WITH THE LAWS OF GOVERNMENT OF ZAIRE AND SHALL FURNISH TO THE LENDER
UPON REQUEST EVIDENCE, SATISFACTORY TO THE LENDER, OF THE AUTHORITY OF
THE PERSON OR PERSONS WHO HAVE SIGNED THIS AGREEMENT ON BEHALF OF THE
BORROWER AND OF THE PERSON OR PERSONS WHO WILL SIGN THE NOTES PROVIDED
FOR HEREIN ON BEHALF OF THE BORROWER, TOGETHER WITH THE AUTHENTICATED
SPECIMEN SIGNATURE, IN DUPLICATE, OF EACH OF THE LATTER.
(B) THIS AGREEMENT SHALL INURE TO THE BENEFIT OF THE HOLDERS OF THE
NOTES, THEIR RESPECTIVE SUCCESSORS AND ASSIGNS. THIS AGREEMENT AND THE
NOTES SHALL BE DEEMED TO BE CONTRACTS UNDER THE LAW OF THE DISTRICT OF
COLUMBIA AND FOR ALL PURPOSES SHALL BE CONSTRUED IN ACCORDANCE WITH SAID
LAW. THE BORROWER AGREES THAT JURISDICTION MAY BE TAKEN BY COURTS IN
THE DISTRICT OF COLUMBIA WITH RESPECT TO MATTERS INVOLVING ANY NOTE,
PROVIDED SUCH NOTE IS HELD BY AN INDIVIDUAL, PARTNERSHIP, CORPORATION,
OR OTHER PRIVATE LEGAL ENTITY.
(C) THE BORROWER SHALL IN ALL CASES PAY WHEN AND AS DUE THE PRINCIPAL
OF AND INTEREST ON ALL NOTES ISSUED HEREUNDER, NOTWITHSTANDING ANY
CLAIMS WHICH THE BORROWER MAY NOW OR HEREAFTER HAVE AGAINST ANY SUPPLIER
OF THE DEFENSE ITEMS, DOD, THE LENDER, OR ANY OTHER PERSON OR ENTITY IN
CONNECTION WITH ANY OTHER TRANSACTION, FOR ANY REASON WHATSOEVER.
9. UPON THE OCCURRENCE OF ANY OF THE FOLLOWING EVENTS OF DEFAULT:
(A) IF THE BORROWER FAILS FOR A PERIOD OF TEN (10) DAYS TO MAKE ANY
PAYMENT OF PRINCIPAL OF, OR INTEREST ON, ANY NOTE WHEN DUE;
(B) IF ANY REPRESENTATION OR WARRANTY MADE BY THE BORROWER HEREIN OR
ANY CERTIFICATE FURNISHED BY THE BORROWER PURSUANT HERETO PROVES TO BE
AT ANY TIME INCORRECT IN ANY MATERIAL RESPECTS; OR
(C) IF THE BORROWER DEFAULTS IN THE PERFORMANCE OF ANY OTHER TERM,
COVENANT OR UNDERTAKING CONTAINED IN THIS CREDIT AGREEMENT, AND SUCH
DEFAULT SHALL CONTINUE UNREMEDIED FOR 30 DAYS AFTER WRITTEN NOTIFICATION
THEREOF SHALL HAVE BEEN GIVEN TO THE BORROWER BY THE LENDER; THEN, AND
IN ANY SUCH EVENT, THE HOLDER OF ANY NOTE MAY DECLARE IMMEDIATELY DUE
AND PAYABLE THE UNPAID PRINCIPAL OF, AND ACCRUED INTEREST ON, ANY OR ALL
NOTES HELD BY SUCH HOLDER AND SUCH AMOUNTS SHALL BECOME IMMEDIATELY DUE
AND PAYABLE WITHOUT PROTEST, PRESENTMENT, NOTICE OR OTHER DEMAND OF ANY
KIND, ALL OF WHICH ARE HEREBY EXPRESSLY WAIVED BY THE BORROWER, AND THE
LENDER MAY TERMINATE ITS COMMITMENT HEREUNDER.
10. ALL COMMUNICATIONS AND OTHER DOCUMENTS REQUIRED OR PERMITTED
HEREUNDER, UNLESS SUBMITTED IN THE ENGLISH LANGUAGE, SHALL BE
ACCOMPANIED BY ONE ENGLISH TRANSLATION FOR EACH COPY OF SUCH DOCUMENTS
TO BE FURNISHED AND, IN THE EVENT OF CONFLICT, THE ENGLISH VERSION SHALL
GOVERN. EXCEPT AS OTHERWISE PROVIDED HEREIN, ALL NOTICES, REQUESTS OR
DEMANDS HEREUNDER SHALL BE DEEMED TO HAVE BEEN GIVEN OR MADE UPON THE
MAILING OF THE SAME, POSTAGE PREPAID, OR IN THE CASE OF TELEGRAPHIC
NOTICE, ON DELIVERY TO THE TELEGRAPHIC COMPANY, ADDRESSED IN THE CASE OF
THE BORROWER, TO THE ARMED FORCES ATTACHE, OF THE EMBASSY OF ZAIRE IN
WASHINGTON, D.C. AND IN THE CASE OF THE LENDER TO THE DIRECTOR, DEFENSE
SECURITY ASSISTANCE AGENCY, THE PENTAGON, WASHINGTON, D.C. 20301.
11. THIS AGREEMENT MAY BE EXECUTED IN ANY NUMBER OF COUNTERPARTS AND
BY THE PARTIES HERETO ON SEPARATE COUNTERPARTS, EACH OF WHICH SHALL BE
DEEMED AN ORIGINAL BUT ALL SUCH COUNTERPARTS TO CONSTITUTE ONE AND THE
SAME INSTRUMENT.
12. ANNEXES A THROUGH D ATTACHED HERETO ARE, BY THIS REFERENCE, MADE
A PART OF THIS AGREEMENT.
IN WITNESS WHEREOF, THE PARTIES HERETO HAVE DULY EXECUTED THIS
AGREEMENT ON THE 12TH DAY OF DECEMBER 1975.
GOVERNMENT OF ZAIRE
SIGNED
BY MR. NDAGANO BULUMBA
CHARGE D'AFFAIRES
EMBASSY OF ZAIRE
THE FOLLOWING PROCEDURES AND CONDITIONS SHALL BE ADHERED TO PRIOR TO
EACH DISBURSEMENT TO BE MADE BY THE GOVERNMENT OF THE UNITED STATES FOR
THE ACCOUNT OF THE GOVERNMENT OF ZAIRE.
1. THE SUPPLIER SHALL PREPARE AND SUBMIT TO THE DESIGNATED
REPRESENTATIVES OF THE GOVERNMENT OF ZAIRE IN WASHINGTON, D.C. INVOICES
ON U.S. STANDARD FORM 1034 IN SUFFICIENT NUMBER OF COPIES TO PERMIT THE
FORWARDING OF FOUR COPIES TO THE DISBURSING OFFICER DESIGNATED IN
PARAGRAPH 5 BELOW.
2. THE SUPPLIER SHALL INSURE THAT EACH INVOICE IS IN ACCORDANCE WITH
RELEVANT PROVISIONS OF ITS PURCHASE ARRANGEMENT WITH THE GOVERNMENT OF
ZAIRE.
3. THE SUPPLIER SHALL ATTACH TO EACH INVOICE A STATEMENT THAT
AUTHORIZED REPRESENTATIVES OF THE GOVERNMENT OF THE UNITED STATES SHALL,
UNTIL THE EXPIRATION OF THREE YEARS AFTER FINAL PAYMENT HEREUNDER, HAVE
ACCESS TO AND THE RIGHT TO EXAMINE ANY DIRECTLY RELATED PERTINENT BOOKS,
DOCUMENTS, PAPERS AND RECORDS OF THE SUPPLIER INVOLVING TRANSACTIONS
RELATING TO THE AFORESAID PURCHASE ARRANGEMENT.
4. TO THE EXTENT THAT ANY INVOICE REQUESTS PAYMENT OF ADVANCES, AS
DISTINGUISHED FROM PAYMENT FOR DELIVERY OF DEFENSE ITEMS ON
REIMBURSEMENT IN THE FORM OF PROGRESS PAYMENTS FOR WORK OR SERVICES
PERFORMED, THE SUPPLIER SHALL ATTACH TO THE INVOICE A STATEMENT SETTING
FORTH THE UNDERTAKING OF THE SUPPLIER THAT THE FULL AMOUNT OF THE
ADVANCE WILL BE MAINTAINED BY THE SUPPLIER IN A SEGREGATED ACCOUNT WHICH
WILL BE APPLIED SOLELY TO THE PERFORMANCE OF THE SUPPLIER'S OBLIGATIONS
UNDER THE PURCHASE ARRANGEMENT.
5. THE DESIGNATED REPRESENTATIVE OF THE GOVERNMENT OF ZAIRE IN
WASHINGTON, D.C. SHALL FORWARD SUCH INVOICES TO THE COMPTROLLER, DEFENSE
SECURITY ASSISTANCE AGENCY, THE PENTAGON, WASHINGTON, D.C. 20301.
6. EACH INVOICE SHALL BE ACCOMPANIED BY A CERTIFICATION OF THE
GOVERNMENT OF ZAIRE AS FOLLOWS:
"THE GOVERNMENT OF ZAIRE CONFIRMS (THAT THE DEFENSE ITEMS SET FORTH
HEREIN HAVE BEEN SATISFACTORILY RECEIVED BY OR FOR THE GOVERNMENT OF
ZAIRE) (THAT THE WORK OR SERVICES FOR WHICH PROGRESS PAYMENTS ARE
REQUESTED HAVE BEEN SATISFACTORILY RENDERED) (THAT PAYMENT IS OTHERWISE
DUE) UNDER ITS PURCHASE ARRANGEMENT OF . . . FOR THE PURCHASE OF DEFENSE
ITEMS FROM SUPPLIER, AND CERTIFIES THAT THE BILL IS CORRECT AND JUST AND
THAT PAYMENT THEREFOR HAS NOT BEEN MADE. PAYMENT OF THIS INVOICE IS
REQUESTED BY THE MINISTRY OF DEFENSE OF THE GOVERNMENT OF ZAIRE PURSUANT
TO THE TERMS OF THE CREDIT AGREEMENT OF . . . BETWEEN THE . . . OF THE
GOVERNMENT OF ZAIRE AND THE GOVERNMENT OF THE UNITED STATES OF AMERICA.
THE GOVERNMENT OF ZAIRE CONFIRMS THAT SAID PURCHASE ARRANGEMENT IS ONE
OF THE PURCHASE ARRANGEMENTS AUTHORIZED BY THE DEPARTMENT OF DEFENSE OF
THE UNITED STATES OF AMERICA PURSUANT TO THE AFORESAID CREDIT AGREEMENT
OF . . . AND FURTHER CONFIRMS THAT THE CUMULATIVE TOTAL OF THIS INVOICE
AND INVOICES PREVIOUSLY PAID BY THE GOVERNMENT OF THE UNITED STATES
AGAINST SAID PURCHASE ARRANGEMENT DOES NOT EXCEED THE AGGREGATE CREDIT
CEILING ESTABLISHED BY THE GOVERNMENT OF THE UNITED STATES FOR THE SAID
PURCHASE ARRANGEMENT.
U.S. $ . . . , WASHINGTON, D.C.
FOR VALUE RECEIVED, THE UNDERSIGNED, THE GOVERNMENT OF . . . (HEREIN
CALLED " . . . "), HEREBY PROMISES TO PAY TO THE ORDER OF THE GOVERNMENT
OF THE UNITED STATES OF AMERICA (HEREIN CALLED "UNITED STATES") THE
PRINCIPAL SUM OF . . . UNITED STATES DOLLARS (U.S. $ . . . ) AS FOLLOWS:
TOGETHER WITH INTEREST ON ANY AND ALL AMOUNTS REMAINING UNPAID HEREUNDER
FROM TIME TO TIME FROM THE DATE HEREOF UNTIL THIS NOTE SHALL BE PAID IN
FULL, PAYABLE SEMIANNUALLY ON . . . AND . . . OF EACH YEAR FROM DATE
HEREOF AT THE RATE OF . . . PER CENT PER ANNUM ( . . . %) USING A 365
DAY FACTOR, BOTH PRINCIPAL AND INTEREST TO BE PAYABLE IN LAWFUL MONEY OF
THE UNITED STATES OF AMERICA AT THE U.S. ARMY FINANCE COMPTROLLER
INFORMATION SYSTEMS COMMAND, ATTN: MILITARY ASSISTANCE/SALES ACCOUNTING
DIVISION, 1000 INDEPENDENCE AVENUE, S.W., WASHINGTON, D.C. 20314. ALL
PAYMENTS MADE ON ACCOUNT OF THE PRINCIPAL AMOUNT REMAINING UNPAID
HEREUNDER SHALL BE ENDORSED BY THE HOLDER ON THE REVERSE SIDE OF THIS
NOTE.
WHENEVER ANY PAYMENT TO BE MADE SHALL BE DUE ON A SATURDAY, SUNDAY,
OR A PUBLIC HOLIDAY UNDER THE LAWS OF THE GOVERNMENT OF THE UNITED
STATES, SUCH PAYMENT MAY BE MADE ON THE NEXT SUCCEEDING BUSINESS DAY,
AND SUCH EXTENSION OF TIME SHALL IN SUCH CASE BE INCLUDED IN COMPUTING
INTEREST IN CONNECTION WITH SUCH PAYMENT BUT EXCLUDED FROM THE NEXT
INTEREST PERIOD.
THIS NOTE MAY BE PREPAID ON ANY INTEREST PAYMENT DATE. PREPAYMENTS
SHALL BE APPLIED TO THE INSTALLMENTS HEREOF IN THE REVERSE ORDER OF
THEIR MATURITY. ALL PAYMENTS OF PRINCIPAL AND INTEREST ON THIS NOTE ARE
PAYABLE IN LAWFUL MONEY OF THE UNITED STATES OF AMERICA AND IN
IMMEDIATELY AVAILABLE FUNDS, FREE AND CLEAR OF, AND WITHOUT DEDUCTION
FOR, ANY TAXES, LEVIES, IMPOSTS, DEDUCTIONS, AND WITHHOLDINGS WHATSOEVER
NOW OR HEREAFTER IMPOSED, LEVIED, COLLECTED OR ASSESSED WITH RESPECT
THERETO BY ANY CENTRAL OR LOCAL AUTHORITY OF . . . AND SHALL BE PAID
FREE FROM ALL RESTRICTIONS OF ANY CENTRAL OR LOCAL AUTHORITY OF . . .
THE GOVERNMENT OF . . . AGREES TO PAY ALL OUT-OF-POCKET COSTS AND
EXPENSES IN CONNECTION WITH COLLECTION AFTER DEFAULT OF THIS NOTE
(INCLUDING THE REASONABLE FEES AND OUT-OF-POCKET EXPENSES OF COUNSEL) AS
WELL AS ALL STAMP AND SIMILAR TAXES, IF ANY, NOW OR HEREAFTER IN EFFECT,
AND TO SAVE THE HOLDER OF THE NOTE HARMLESS FROM ANY AND ALL LIABILITIES
WITH RESPECT TO OR RESULTING FROM ANY DELAY OR OMISSION TO PAY SUCH
TAXES.
THE FIRST $1,117,647 OF DISBURSEMENTS ARE REPAYABLE ON DEC 31, 1977
THE NEXT $1,117,647 OF DISBURSEMENTS ARE REPAYABLE ON JUN 30, 1978
THE NEXT $1,117,647 OF DISBURSEMENTS ARE REPAYABLE ON DEC 31, 1978
THE NEXT $1,117,647 OF DISBURSEMENTS ARE REPAYABLE ON JUNE 30, 1979
THE NEXT $1,117,647 OF DISBURSEMENTS ARE REPAYABLE ON DEC 31, 1979
THE NEXT $1,117,647 OF DISBURSEMENTS ARE REPAYABLE ON JUNE 30, 1980
THE NEXT $1,117,647 OF DISBURSEMENTS ARE REPAYABLE ON DEC 31, 1980
THE NEXT $1,117,647 OF DISBURSEMENTS ARE REPAYABLE ON JUNE 30, 1981
THE NEXT $1,117,647 OF DISBURSEMENTS ARE REPAYABLE ON DEC 31, 1981
THE NEXT $1,117,647 OF DISBURSEMENTS ARE REPAYABLE ON JUNE 30, 1982
THE NEXT $1,117,647 OF DISBURSEMENTS ARE REPAYABLE ON DEC 31, 1982
THE NEXT $1,117,647 OF DISBURSEMENTS ARE REPAYABLE ON JUNE 30, 1983
THE NEXT $1,117,647 OF DISBURSEMENTS ARE REPAYABLE ON DEC 31, 1983
THE NEXT $1,117,647 OF DISBURSEMENTS ARE REPAYABLE ON JUNE 30, 1984
THE NEXT $1,117,647 OF DISBURSEMENTS ARE REPAYABLE ON DEC 31, 1984
THE NEXT $1,117,647 OF DISBURSEMENTS ARE REPAYABLE ON JUNE 30, 1985
THE LAST $1,117,647 OF DISBURSEMENTS ARE REPAYABLE ON DEC 31, 1985
1. THE FOLLOWING PROCEDURES AND CONDITIONS SHALL BE ADHERED TO
CONCERNING MARINE TRANSPORTATION OF DEFENSE ARTICLES, THE PURCHASE OF
WHICH IS TO BE FINANCED UNDER THIS AGREEMENT. ALL DEFENSE ARTICLES,
WHICH ARE TRANSPORTED BY OCEAN VESSEL, SHALL BE TRANSPORTED IN PRIVATELY
OWNED VESSELS OF UNITED STATES REGISTRY UNLESS A WAIVER OF THIS
REQUIREMENT IS OBTAINED FROM THE DIRECTOR, DEFENSE SECURITY ASSISTANCE
AGENCY, DEPARTMENT OF DEFENSE. REQUESTS FOR WAIVER ARE CATEGORIZED AS
GENERAL, NON-AVAILABILITY OR SECURITY AS OUTLINED BELOW:
A. GENERAL WAIVERS
CONSIDERATION WILL BE GIVEN TO A WAIVER APPLICATION TO AUTHORIZE
VESSELS FLYING THE FLAG OF THE COUNTRY TO WHOM THIS AGREEMENT APPLIES TO
PARTICIPATE IN THE TRANSPORTATION OF CARGO GENERATED UNDER THIS
AGREEMENT PROVIDED THE RECIPIENT COUNTRY DOES NOT DISCRIMINATE AGAINST
UNITED STATES FLAG VESSELS IN THE CARRIAGE OF THE EXPORTS OR IMPORTS OF
THE RECIPIENT NATION. APPROVAL MAY BE GRANTED FOR RECIPIENT NATION'S
VESSELS TO CARRY UP TO, BUT NOT IN EXCESS OF 50 PERCENT OF THE CARGO
UNDER THIS AGREEMENT. OCEAN FREIGHT REVENUE IS THE MAIN CRITERION FOR
DETERMINING FLAG PARTICIPATION BUT CARGO VALUATION SHALL ALSO BE TAKEN
INTO CONSIDERATION. ACCORDINGLY, THROUGHOUT THE LIFE OF THIS AGREEMENT,
U.S. FLAG VESSELS SHALL NOT RECEIVE LESS THAN 50% OF THE CARGO VALUATION
AND OCEAN FREIGHT REVENUE IN SO FAR AS PRACTICABLE.
APPLICATIONS FOR GENERAL WAIVER SHOULD BE SUBMITTED AS SOON AS
PRACTICABLE AFTER DETERMINATION HAS BEEN MADE TO USE RECIPIENT COUNTRY
FLAG VESSELS BUT AT LEAST TWENTY-ONE (21) DAYS IN ADVANCE OF INTENDED
SHIPPING DATES TO ENABLE VERIFICATION OF THE TREATMENT ACCORDED VESSELS
OF U.S. REGISTRY AND TO PROCESS THE APPLICATION.
SUBSEQUENT TO THE GRANTING OF A GENERAL WAIVER, IF IT OCCURS THAT
NEITHER UNITED STATES FLAG VESSELS NOR RECIPIENT COUNTRY FLAG VESSELS
ARE AVAILABLE, CONSIDERATION WILL BE GIVEN TO SPECIFIC WAIVER
APPLICATIONS TO AUTHORIZE, ON A SHIPMENT-BY-SHIPMENT BASIS, THE USE OF
THIRD FLAG VESSELS. APPLICATIONS FOR THE USE OF A THIRD FLAG VESSEL
UNDER AN APPROVED GENERAL WAIVER SHOULD BE SUBMITTED AT LEAST 21 DAYS
PRIOR TO THE INTENDED SHIPPING DATE TO ALLOW TIME TO PROCESS THE
APPLICATION. IF A WAIVER IS GRANTED TO ALLOW THE USE OF A THIRD FLAG
VESSEL FOR A PARTICULAR SHIPMENT UNDER AN EXISTING GENERAL WAIVER, THE
CARGO CARRIED BY THE THIRD FLAG VESSEL SHALL BE RECORDED AGAINST THE
RECIPIENT COUNTRY FLAG VESSEL'S PORTION OF THE CARGO AVAILABLE UNDER THE
GENERAL WAIVER.
THE APPLICATION FOR A GENERAL WAIVER AND SUBSEQUENT WAIVERS FOR THE
USE OF THIRD FLAG VESSELS SHOULD BE SUBMITTED TO THE DIRECTOR, DEFENSE
SECURITY ASSISTANCE AGENCY, ROOM 4E837, DEPARTMENT OF DEFENSE,
WASHINGTON, D.C. 20301, WITH A COPY TO THE DIRECTOR, OFFICE OF MARKET
DEVELOPMENT, MARITIME ADMINISTRATION, U.S. DEPARTMENT OF COMMERCE,
WASHINGTON, D.C. 20230.
B. NON-AVAILABILITY WAIVERS
CONSIDERATION WILL BE GIVEN TO WAIVER APPLICATIONS TO AUTHORIZE USE
OF FOREIGN FLAG VESSELS IN THOSE CASES OF NON-AVAILABILITY OF UNITED
STATES FLAG VESSELS OR IN INSTANCES OF NON-AVAILABILITY OF UNITED STATES
FLAG VESSELS AT REASONABLE RATES.
APPLICATIONS FOR NON-AVAILABILITY WAIVERS TO PERMIT USE OF RECIPIENT
COUNTRY FLAG VESSELS NEED NOT BE SUBMITTED IF A GENERAL WAIVER HAS BEEN
APPROVED AND THE RECIPIENT NATION WILL USE U.S. FLAG VESSELS TO CARRY
OVER 50 PERCENT OF THE CARGO UNDER THIS AGREEMENT. APPLICATIONS ARE
REQUIRED WHERE A GENERAL WAIVER (1) HAS NOT BEEN APPLIED FOR, (2) HAS
NOT BEEN APPROVED, OR (3) HAS BEEN APPROVED BUT, ON A
SHIPMENT-BY-SHIPMENT BASIS, U.S. FLAG VESSELS ARE NOT AVAILABLE OR NOT
AVAILABLE AT REASONABLE RATES AND SHIPMENTS ON NON-U.S. FLAG VESSELS
WILL EXCEED 50 PERCENT OF THE CARGO UNDER THIS AGREEMENT. IF A GENERAL
WAIVER HAS BEEN APPROVED, EVERY EFFORT SHOULD BE MADE TO SHIP DEFENSE
ARTICLES AND EQUIPMENT, WHERE U.S. FLAG VESSELS ARE NOT AVAILABLE OR NOT
AVAILABLE AT REASONABLE RATES, UNDER THE RECIPIENT COUNTRY'S PORTION OF
THE CARGO AVAILABLE UNDER THE GENERAL WAIVER. THEREFORE, APPLICATIONS
FOR NON-AVAILABILITY WAIVERS, WHERE A GENERAL WAIVER HAS BEEN APPROVED,
SHOULD BE SUBMITTED ONLY UNDER UNUSUAL CIRCUMSTANCES.
APPLICATIONS ON THE BASIS OF NON-AVAILABILITY OF VESSELS OF UNITED
STATES REGISTRY MUST ESTABLISH AND DOCUMENT THAT THE RECIPIENT NATION
HAS MADE A REASONABLE, TIMELY AND BONA FIDE EFFORT TO ARRANGE SHIPMENT
ON VESSELS OF UNITED STATES REGISTRY AND THAT SUCH VESSELS ARE NOT
AVAILABLE. SUCH APPLICATIONS MUST BE SUBMITTED AT LEAST 21 DAYS IN
ADVANCE OF THE INTENDED SHIPPING DATE TO ENABLE VERIFICATION OF
NON-AVAILABILITY OF VESSELS OF UNITED STATES REGISTRY AND TO PROCESS THE
APPLICATION.
APPLICATIONS ON THE BASIS OF NON-AVAILABILITY OF VESSELS OF UNITED
STATES REGISTRY AT REASONABLE RATES MUST ESTABLISH AND DOCUMENT ALL
APPLICABLE COMPARATIVE RATES AND SHOULD BE SUBMITTED AT LEAST 21 DAYS IN
ADVANCE OF THE INTENDED SHIPPING DATE TO ENABLE VERIFICATION OF
NON-AVAILABILITY OF VESSELS OF UNITED STATES REGISTRY AT REASONABLE
RATES AND TO PROCESS THE APPLICATION.
APPLICATIONS FOR NON-AVAILABILITY WAIVERS MUST BE SUBMITTED ON A
SHIPMENT-BY-SHIPMENT BASIS. APPLICATIONS SHOULD BE SUBMITTED TO THE
DIRECTOR, DEFENSE SECURITY ASSISTANCE AGENCY, ROOM 4E837, DEPARTMENT OF
DEFENSE, WASHINGTON, D.C. 20301 WITH A COPY TO THE DIRECTOR, OFFICE OF
MARKET DEVELOPMENT, MARITIME ADMINISTRATION, U.S. DEPARTMENT OF
COMMERCE, WASHINGTON, D.C. 20230.
EACH APPLICATION FOR A NON-AVAILABILITY WAIVER SHOULD CONTAIN THE
FOLLOWING INFORMATION:
1. IDENTIFICATION AND ADDRESS OF THE APPLICANT 2. RECIPIENT COUNTRY
3. DATE AND SOURCE OF
LOAN (FFB, ETC) 4. MANUFACTURER AND/OR EXPORTER. 5. LIST AND
DESCRIPTION OF COMMODITIES TO
BE SHIPPED 6. FAS VALUE OF COMMODITIES 7. SHIPPING DATE 8. LOADING
PORT 9. DISCHARGE PORT
10. ESTIMATED OCEAN FREIGHT COST 11. PROPOSED VESSEL(S) TO BE USED
12. WEIGHT OF SHIPMENT
13. CUBE MEASUREMENT OF SHIPMENT 14. ORIGINAL POINT OF PRODUCTION
C. SECURITY WAIVERS
CONSIDERATION WILL BE GIVEN TO WAIVER APPLICATIONS TO AUTHORIZE
VESSELS FLYING THE FLAG OF THE COUNTRY TO WHOM THE AGREEMENT APPLIES ON
THE BASIS OF REASONABLE SECURITY NEEDS IN REGARDS TO THE CARGO AND THE
ARRIVAL OF SUCH CARGO AT ITS DESTINATION. A SECURITY WAIVER MAY BE
REQUESTED FOR A SPECIFIC SHIPMENT OR SERIES OF SHIPMENTS UNDER THIS
AGREEMENT WHERE SABOTAGE MAY REASONABLY BE EXPECTED OR A STATE OF
EMERGENCY EXISTS.
APPLICATION FOR SECURITY WAIVERS NEED NOT BE SUBMITTED IF A GENERAL
WAIVER HAS BEEN APPROVED AND THE RECIPIENT NATION WILL USE U.S. FLAG
VESSELS TO CARRY OVER 50 PERCENT OF THE CARGO UNDER THIS AGREEMENT.
APPLICATIONS ARE REQUIRED WHERE A GENERAL WAIVER (1) HAS NOT BEEN
APPLIED FOR, (2) HAS NOT BEEN APPROVED, OR (3) HAS BEEN APPROVED BUT, ON
A SHIPMENT-BY-SHIPMENT BASIS, USE OF RECIPIENT COUNTRY FLAG VESSELS WILL
EXCEED 50 PERCENT OF THE CARGO UNDER THIS AGREEMENT. IF A GENERAL
WAIVER HAS BEEN APPROVED, EVERY EFFORT SHOULD BE MADE TO SHIP THOSE
DEFENSE ARTICLES AND EQUIPMENT INVOLVING SPECIAL SECURITY OR SAFETY
REQUIREMENTS UNDER THE RECIPIENT COUNTRY'S PORTION OF THE CARGO
AVAILABLE UNDER THE GENERAL WAIVER. THEREFORE, WAIVER APPLICATIONS FOR
SECURITY OR SAFETY REASONS WHERE A GENERAL WAIVER HAS BEEN APPROVED
SHOULD BE SUBMITTED ONLY UNDER UNUSUAL CIRCUMSTANCES.
APPLICATIONS ON THE BASIS OF SECURITY MUST PROVIDE THE SPECIFIC
SECURITY OR SAFETY REQUIREMENTS AND INFORMATION INVOLVED IN THE
SHIPMENT(S) TO BE MADE AT LEAST 21 DAYS IN ADVANCE OF THE INTENDED
SHIPMENT(S) DATES TO ENABLE VERIFICATION OF THE SECURITY OR SAFETY
REQUIREMENTS AND TO PROCESS THE APPLICATION.
THE APPLICATION SHOULD BE PROVIDED TO THE DIRECTOR, DEFENSE SECURITY
ASSISTANCE AGENCY, ROOM 4E837, DEPARTMENT OF DEFENSE, WASHINGTON, D.C.
20301, WITH A COPY TO THE DIRECTOR, OFFICE OF MARKET DEVELOPMENT,
MARITIME ADMINISTRATION, U.S. DEPARTMENT OF COMMERCE, WASHINGTON, D.C.
20230.
1. IN ORDER TO MONITOR THE USE OF MARINE TRANSPORTATION UNDER THIS
AGREEMENT, PERTINENT INFORMATION SHOULD BE FORWARDED AS EARLY AS
POSSIBLE BUT NOT LATER THAN 90 DAYS AFTER SHIPMENT TO THE DIRECTOR,
OFFICE OF MARKET DEVELOPMENT, MARITIME ADMINISTRATION, U.S. DEPARTMENT
OF COMMERCE, WASHINGTON, D.C. 20230, FOR ALL SHIPMENTS OF GOODS FINANCED
IN WHOLE OR IN PART WITH CREDIT AND/OR GUARANTEED LOAN FUNDS. THE
FOLLOWING INFORMATION MUST BE REPORTED:
(A) DATE AND SOURCE OF LOAN (FFB, ETC) (B) FAS VALUE OF CARGO (C)
MANUFACTURER (D) FREIGHT
FORWARDER (E) OCEAN FREIGHT COST (F) NAME OF VESSEL (G) VESSEL FLAG
OF REGISTRY (H) DATE OF
LOADING (I) PORT OF LOADING (J) PORT OF FINAL DISCHARGE (K) CARGO
DESCRIPTION (L) GROSS WEIGHT
OF CARGO (M) CUBIC MEASUREMENT OF CARGO
WHERE OBTAINABLE, A PROPERLY RATED AND LEGIBLE COPY OF THE OCEAN BILL
OF LADING IN ENGLISH WILL SUFFICE SO LONG AS ALL THE ABOVE INFORMATION
IS CONTAINED THEREON.
UNITED KINGDOM 24 SEP 1975 FLITE DOCUMENT NO. 7900100
MEMORANDUM OF UNDERSTANDING EXECUTED 24 SEPTEMBER 1975.
UNDERSTANDING RELATING TO THE PRINCIPLES GOVERNING COOPERATION IN
RESEARCH AND DEVELOPMENT, PRODUCTION, AND PROCUREMENT OF DEFENSE
EQUIPMENT. UNDERSTANDING TERMINATES 1 JANUARY 1985.
THE GOVERNMENT OF THE UNITED STATES (USG) AND THE GOVERNMENT OF THE
UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND (HMG), HEREINAFTER
REFERRED TO AS THE GOVERNMENTS, ARE DEVELOPING HIGH TECHNOLOGY WEAPONS
SYSTEMS AND OTHER ADVANCED ITEMS OF DEFENSE EQUIPMENT AND ARE SEEKING TO
ACHIEVE GREATER COOPERATION IN RESEARCH, DEVELOPMENT, PRODUCTION AND
PROCUREMENT IN THESE AREAS IN ORDER TO MAKE THE MOST RATIONAL USE OF
THEIR RESPECTIVE INDUSTRIAL, ECONOMIC AND TECHNOLOGICAL RESOURCES, TO
ACHIEVE THE GREATEST ATTAINABLE MILITARY CAPABILITY AT THE LOWEST
POSSIBLE COST, AND TO ACHIEVE GREATER STANDARDIZATION AND
INTEROPERABILITY OF THEIR WEAPONS SYSTEMS.
THE GOVERNMENTS ALREADY HAVE AN ARRANGEMENT DATED MAY 1963 FOR JOINT
MILITARY DEVELOPMENT AND THE USG HAS CERTAIN OFFSET ARRANGEMENTS WITH
HMG AGAINST PURCHASES BY HMG OF MAJOR WEAPONS SYSTEMS AND ITEMS OF
DEFENSE EQUIPMENT.
IN ORDER TO FURTHER THE ABOVE AIMS, THE GOVERNMENTS HAVE DECIDED TO
ENTER INTO AN UNDERSTANDING AND THIS MEMORANDUM SETS OUT THE GUIDING
PRINCIPLES GOVERNING MUTUAL COOPERATION IN DEFENSE EQUIPMENT PRODUCTION
AND PURCHASING AND ASSOCIATED OFFSET ARRANGEMENTS. THIS MEMORANDUM IS
INTENDED TO FIT INTO THE BROADER CONTEXT OF NATO
RATIONALIZATION/STANDARIZATION AND TO BE COMPATIBLE WITH ANY NATO
ARRANGEMENT THAT MIGHT SUBSEQUENTLY BE NEGOTIATED.
1. EACH GOVERNMENT HAS ESTABLISHED ITS POLICIES FOR STRENGTHENING
THE MECHANISMS ESSENTIAL TO INCREASING COOPERATION IN RESEARCH,
DEVELOPMENT, AND PRODUCTION AND PROCUREMENT OF MILITARY SYSTEMS. IN
KEEPING WITH THESE POLICIES, AND IN THE INTERESTS OF ENHANCING THEIR
MUTUAL SECURITY AND TO ASSIST THE GOVERNMENTS IN DISCHARGING BETTER
THEIR MUTUAL DEFENSE OBLIGATIONS, IT IS UNDERSTOOD THAT THE GOVERNMENTS
WILL COOPERATE IN ALL RESPECTS PRACTICABLE, TO THE END THAT DEFENSE
EQUIPMENT PRODUCTION AND PROCUREMENT EFFORTS OF THE TWO COUNTRIES BE
ADMINISTERED SO AS TO ASSURE THE MAINTENANCE OF A LONG TERM AND
EQUITABLE BALANCE IN RECIPROCAL PURCHASING OF DEFENSE EQUIPMENT. THEIS
BALANCE WILL BE AT LEVELS TO BE MUTUALLY DETERMINED.
2. THE FOLLOWING PRINCIPLES TO FACILITATE THESE OBJECTIVES HAVE BEEN
DECIDED UPON BY THE GOVERNMENTS:
A. BOTH GOVERNMENTS WILL PROVIDE APPROPRIATE POLICY GUIDANCE AND
ADMINISTRATIVE PROCEDURES WITHIN THEIR RESPECTIVE DEFENSE PROCUREMENT
ORGANIZATIONS TO ACHIEVE AND MAINTAIN THE AGREED-UPON BALANCE OF
RECIPROCAL DEFENSE PURCHASES.
B. THE GOVERNMENTS WILL IDENTIFY AND NOMINATE FOR CONSIDERATION BY
EACH OTHER ITEMS OF DEFENSE EQUIPMENT BELIEVED SUITABLE TO SATISFY THEIR
RESPECTIVE REQUIREMENTS. THE GOVERNMENTS WILL DECIDE BETWEEN THEM, TO
WHICH ITEMS OF DEFENSE EQUIPMENT PURCHASES THIS MEMORANDUM OF
UNDERSTANDING (MOU) WILL APPLY AND WHETHER THE ITEMS MAY BE PROCURED ON
A GOVERNMENT-TO-GOVERNMENT OR GOVERNMENT-TO-INDUSTRY BASIS.
C. THE DETAILED IMPLEMENTING PROCEDURES TO BE ARRANGED WILL
INCORPORATE THE FOLLOWING:
(I) OFFERS WILL BE EVALUATED WITHOUT APPLYING PRICE DIFFERENTIALS
UNDER BUY-NATIONAL LAWS AND REGULATIONS CONSISTENT WITH NATIONAL LAWS
AND REGULATIONS.
(II) OFFERS WILL BE EVALUATED WITHOUT THE COST OF IMPORT DUTIES, AND
PROVISION WILL BE MADE FOR DUTY FREE ENTRY CERTIFICATES AND RELATED
DOCUMENTATION.
(III) FULL CONSIDERATION WILL BE GIVEN TO ALL QUALIFIED SOURCES IN
EACH OTHER'S COUNTRY IN ACCORDANCE WITH THE POLICIES AND CRITERIA OF THE
PURCHASING OFFICE.
(IV) OFFERS WILL BE REQUIRED TO SATISFY REQUIREMENTS FOR PERFORMANCE,
QUALITY, DELIVERY, AND COST.
D. TO FACILITATE PRODUCTION PROGRAMS SET UP IN IMPLEMENTATION OF THIS
MOU, THE GOVERNMENTS UNDERSTAND THAT SUBJECT TO THEIR ESTABLISHED
POLICIES PROCEDURES, REGULATIONS AND SUBJECT TO PRIVATELY OWNED
PROPRIETARY RIGHTS, EACH GOVERNMENT WILL, SO FAR AS IT IS ABLE, WITHOUT
INCURRING OBLIGATIONS TO OTHERS ARRANGE FOR RELEASE TO THE OTHER AND TO
ITS AGENTS OF INFORMATION AND TECHNOLOGY NECESSARY FOR THE PURPOSES OF
SUCH FACILITATION.
E. THE GOVERNMENTS, THROUGH THEIR APPROPRIATE REPRESENTATIVE, WILL
CONSULT CONCERNING ANY PROBLEMS WHICH MAY INHIBIT THE EFFICIENT
OPERATION OF THIS ARRANGEMENT. SUCH CONSULTATIONS WILL BE CONDUCTED ON
THE BASIS OF SECTION B OF THIS MOU.
1. BOTH GOVERNMENTS UNDERSTAND THAT DETAILED IMPLEMENTING PROCEDURES
NEED TO BE CONSIDERED AND DECIDED UPON IN ORDER TO CARRY OUT THE
PROVISIONS OF THIS MOU. REPRESENTATIVES OF THE GOVERNMENTS WILL BE
APPOINTED TO DEVELOP A COORDINATED PROGRAM OF SUCH IMPLEMENTING
PROCEDURES, AND TO DISCUSS PROCUREMENT AND PRODUCTION NEEDS OF THE
GOVERNMENTS. THESE REPRESENTATIVES WILL MEET AS REQUIRED.
2. THE DIRECTOR, DEFENSE SECURITY ASSISTANCE AGENCY, UNDER THE
POLICY GUIDANCE OF THE ASSISTANT SECRETARY OF DEFENSE (INTERNATIONAL
SECURITY AFFAIRS), AND IN COORDINATION WITH THE DIRECTOR, DEFENSE
RESEARCH AND ENGINEERING, THE ASSISTANT SECRETARY OF DEFENSE
(INSTALLATIONS AND LOGISTICS) AND OTHER DOD OFFICES WILL BE THE FOCAL
POINT IN THE US GOVERNMENT FOR THE DEVELOPMENT OF AN OVERALL COORDINATED
PROGRAM OF IMPLEMENTING PROCEDURES UNDER THIS MOU. THE DIRECTOR,
DEFENSE RESEARCH AND ENGINEERING WILL BE RESPONSIBLE FOR MATTERS UNDER
THIS MOU TOUCHING UPON RESEARCH, DEVELOPMENT, TEST AND EVALUATION AS
THEY RELATE TO BILATERAL ARRANGEMENTS FOR JOINT MILITARY DEVELOPMENT.
THE ASSISTANT SECRETARY OF DEFENSE (INSTALLATIONS AND LOGISTICS) WILL BE
RESPONSIBLE FOR MANAGING PROCUREMENT AND PRODUCTION MATTERS UNDER THIS
MOU ON A CONTINUING BASIS, IN COORDINATION WITH OASD(ISA), DSAA AND
OTHER APPROPRIATE DOD OFFICES.
3. THE HEAD OF DEFENCE SALES, MOD, UNDER THE POLICY GUIDANCE OF THE
MINISTER OF STATE FOR DEFENCE, AND IN CONSULTATION, AS APPROPRIATE WITH
THE CHAIRMAN AND MEMBERS OF THE MOD DEFENCE EQUIPMENT POLICY COMMITTEE,
WILL BE RESPONSIBLE ON THE UK SIDE FOR THE DEVELOPMENT OF AN OVERALL
COORDINATED PROGRAM OF IMPLEMENTING PROCEDURES UNDER THIS MEMORANDUM OF
UNDERSTANDING.
1. EACH GOVERNMENT WILL BE RESPONSIBLE FOR BRINGING TO THE ATTENTION
OF THE DEFENSE INDUSTRIES WITHIN ITS COUNTRY, THE BASIC UNDERSTANDING OF
THIS MOU, TOGETHER WITH APPROPRIATE GUIDANCE ON ITS IMPLEMENTATION.
2. IMPLEMENTATION OF THIS MOU WILL INVOLVE FULL INDUSTRIAL
PARTICIPATION. ACCORDINGLY, THE GOVERNMENTS WILL ARRANGE THAT THEIR
RESPECTIVE PROCUREMENT AND REQUIREMENTS OFFICES WILL BE MADE FAMILIAR
WITH THE PRINCIPLES AND OBJECTIVES OF THIS MOU. NOTWITHSTANDING THE
GOVERNMENTAL PROCEDURES TO FACILITATE IMPLEMENTATION, IT WILL BE THE
BASIC RESPONSIBILITY OF INDUSTRY IN EACH COUNTRY TO ISOLATE, IDENTIFY,
AND ADVISE ITS GOVERNMENT OF CAPABILITIES AND TO CARRY OUT THE
SUPPORTING ACTIONS TO BRING INDUSTRIAL PARTICIPATION TO CONSUMMATION.
1. THIS MOU WILL BE TERMINATED ON 1 JANUARY 1985 UNLESS THE
GOVERNMENTS MUTUALLY DECIDE OTHERWISE.
2. IF, HOWEVER, EITHER GOVERNMENT CONSIDERS IT NECESSARY FOR
COMPELLING NATIONAL REASONS TO DISCONTINUE ITS PARTICIPATION UNDER THIS
MOU BEFORE 1 JANUARY 1985, ANY PROPOSAL FOR TERMINATION WILL BE THE
SUBJECT OF IMMEDIATE CONSULTATION WITH THE OTHER GOVERNMENT TO ENABLE
THE GOVERNMENTS FULLY TO EVALUATE THE CONSEQUENCES OF SUCH TERMINATION.
ANNEXES SUBSEQUENTLY NEGOTIATED BY THE RESPONSIBLE OFFICES AND
ENDORSED BY APPROPRIATE GOVERNMENTAL AUTHORITIES WILL FORM AN INTEGRAL
PART OF THIS MEMORANDUM OF UNDERSTANDING.
THIS MEMORANDUM OF UNDERSTANDING WILL COME INTO OPERATION UPON
SIGNATURE BY THE GOVERNMENTS.
SIGNED IN DUPLICATE AT LONDON THIS 24TH DAY OF SEPTEMBER 1975
SIGNED
FOR THE GOVERNMENT OF THE
UNITED STATES
VIETNAM 14 DEC 1961 FLITE DOCUMENT NO. 7900099
EXCHANGE OF NOTES EXECUTED 5 AND 14 DECEMBER 1961.
EXCHANGE OF NOTES CONCERNING APPLICATION OF PRIVILEGES AND IMMUNITIES
OF PENTALATERAL AGREEMENT TO U.S. MILITARY PERSONNEL, VIETNAM.
INCOMING AIRGRAM
ACTION
INFO
FROM: AMEMBASSY SAIGON
TO: SECSTATE WASHINGTON
NO: A-176
INFO: CINCPAC AT7
AMEMBASSY BANOKOK A-73
CINCPAC FOR POLAD
VERBATIM TEXT
EMBTOL 760 AND DEPTEL 728
FOLLOWING FOR ADDRESSEES INFORMATION IN TEXT LETTER FROM THUAN TO
AMBASSADOR NOLTING:
"WITH REFERENCE TO YOUR NOTE DATED DECEMBER 5 TO THE PRESIDENT OF THE
REPUBLIC OF VIETNAM,
I HAVE BEEN ASKED BY THE PRESIDENT TO INFORM YOU THAT:
1) ALL EQUIPMENT AND MATERIAL PERTAINING TO THE UNITS IN QUESTION
WILL REMAIN THE PROPERTY OF THE UNITED STATES;
2) PENDING THE CONCLUSION OF AN AGREEMENT BETWEEN THE TWO
GOVERNMENTS, THE UNITED STATES MILITARY PERSONNEL WHO ARRIVE IN THE
TERRITORY OF VIETNAM PURSUANT TO OUR UNDERSTANDING, WILL BE GRANTED THE
SAME PRIVILEGES AND IMMUNITIES ACCORDED TO THE MEMBERS OF THE MILITARY
ASSISTANCE ADVISORY GROUP."
END VERBATIM TEXT
FROM: SAIGON
TO: SECRETARY OF STATE
NO: 760, DECEMBER 5, 8 PM
ACTION DEPARTMENT 760, INFORMATION BANGKOK 230,
CINCPAC 330.
CINCPAC FOR POLAD
LIMIT DISTRIBUTION
VERBATIM TEXT
DEPTEL 725.
INTEND SEND FOLLOWING LETTER TO PRESIDENT DIEM TOMORROW MORNING, IF
DEPARTMENT SEES NO OBJECTION:
BEGIN VERBATIM TEXT
I AM PLEASED TO INFORM YOU THAT MY GOVT IS PREPARED TO PROCEED WITH
THE PROGRAM WE HAVE DISCUSSED ON THE BASIS OF THE MEMORANDUM WHICH YOUR
EXCELLENCY APPROVED ON DECEMBER 4. A COPY OF THE MEMORANDUM IS
ENCLOSED.
WITH REGARD TO UNITED STATES MILITARY PERSONNEL WHO ARRIVE IN THE
TERRITORY OF THE REPUBLIC OF VIET-NAM PURSUANT TO OUR UNDERSTANDING, I
ASSUME THAT THEY WILL, FOR THE DURATION OF THEIR STAY, BE ENTITLED TO
THE SAME PRIVILEGES AND IMMUNITIES ACCORDED THE MEMBERS OF THE MILITARY
ASSISTANCE ADVISORY GROUP AND THAT ALL EQUIPMENT AND MATERIAL PERTAINING
TO THE UNITS IN QUESTION WILL REMAIN THE PROPERTY OF THE GOVERNMENT OF
THE UNITED STATES. I WOULD APPRECIATE YOUR EXCELLENCY'S CONFIRMATION OF
MY UNDERSTANDING ON THESE POINTS SINCE IT SHOULD FORM PART OF OUR
RESPECTIVE RECORDS IN THIS MATTER.
END VERBATIM TEXT
IF DEPARTMENT HAS ANY PROBLEM WITH SECOND PARAGRAPH ABOVE, PLEASE
NIACT.
WILL ALSO TAKE UP TOMORROW DIEM'S LETTER TO PRESIDENT KENNEDY.
PLEASE ADVISE PROMPTLY DEPARTMENT'S VIEWS RE PUBLICIZING EXCHANGE OF
LETTERS, AS THIS POINT HAS BEARING ON TEXT.
RJT
MULTILATERAL 9 DEC 1975 FLITE DOCUMENT NO. 7900098
AGREEMENT EXECUTED 20 OCTOBER, 31 OCTOBER, 6 NOVEMBER AND 9 DECEMBER
1975.
AGREEMENT CONCERNING HELICOPTER PILOT TRAINING IN THE UNITED STATES
OF AMERICA UNDER THE SCOPE OF EURO/NATO TRAINING;
THE DEPARTMENT OF DEFENSE OF THE UNITED STATES OF AMERICA REFERRED TO
AS . . . -"DOD"
THE MINISTER OF NATIONAL DEFENCE OF THE KINGDOM OF DENMARK,
THE FEDERAL MINISTER OF DEFENCE OF THE FEDERAL REPUBLIC OF GERMANY,
THE MINISTER OF NATIONAL DEFENCE OF THE KINGDOM OF NORWAY,
HEREINAFTER REFERRED TO AS . . . -"USER"- CONCERNING HELICOPTER PILOT
TRAINING IN THE UNITED STATES OF AMERICA UNDER THE SCOPE OF EURO/NATO
TRAINING;
1. THE DOD AGREES TO ACCEPT FOR TRAINING ON AN ANNUAL BASIS
APPROXIMATELY 60 DANISH, GERMAN, AND NORWEGIAN HELICOPTER PILOTS
(STUDENTS) IN THE CONTINENTAL USA.
2. CONDITIONS AND DETAILS OF THE PILOTS TRAINING PROGRAM, APPLICABLE
TO THE USER, ARE OUTLINED IN ANNEX A TO THIS AGREEMENT;
3. CONDITIONS AND DETAILS OF THE PILOT TRAINING PROGRAM, APPLICABLE
TO THE DOD, ARE OUTLINED IN ANNEX B TO THIS AGREEMENT.
1. INITIAL ENTRY PILOTS' COURSE.
THE REIMBURSABLE TRAINING COSTS FOR ONE STUDENT ARE AGREED UPON FOR
THE PERIOD UP TO 30 JUNE 1976 AT THE ESTIMATED AMOUNT OF US$ 22,790.
THIS PRICE IS BASED ON THE STANDARD US ARMY CURRICULUM FOR ROTARY WING
INITIAL ENTRY PILOTS COURSE, LESS THE TACTICS PHASE AND ON THE
ASSUMPTION THAT THE USER WILL PROVIDE 10 INSTRUCTORS. IF THE USER
PROVIDES A LESSER NUMBER OF INSTRUCTORS, THE REIMBURSABLE TRAINING COST
PER STUDENT WILL BE PROPORTIONATELY INCREASED, NOT TO EXCEED
APPROXIMATELY $225 FOR EACH INSTRUCTOR LESS THAN 10.
2. CONVERSION COURSE;
THE REIMBURSABLE TRAINING COSTS FOR ONE STUDENT ARE AGREED UPON FOR
THE PERIOD UP TO 30 JUNE 1976 AT THE ESTIMATED AMOUNT OF US$ 12,920.
THE USER WILL NOT PROVIDE INSTRUCTORS FOR THIS COURSE.
1. THE SETTLEMENT OF THE PAYMENTS WILL BE IN ACCORDANCE WITH US
FOREIGN MILITARY SALES (FMS) PROCEDURES. CONDITIONS OF SALE ARE AS SET
FORTH IN US DEPARTMENT OF DEFENSE OFFER AND ACCEPTANCE (DD FORM 1513)
(ANNEX C). THE FMS CASES WILL BE SIGNED BY THE FEDERAL REPUBLIC OF
GERMANY (FRG), ACTING ALSO IN BEHALF OF DENMARK AND NORWAY. THESE
NATIONS HEREBY AUTHORIZE THE FRG TO DO SO.
2. PAYMENT WILL BE MADE BY THE FRG IN US DOLLARS ON A DEPENDABLE
UNDERTAKING BASIS IN ACCORDANCE WITH THE PROVISIONS OF THE SPECIFIC FMS
CASE TO BE WRITTEN UNDER THE PROVISIONS OF THE US FOREIGN MILITARY SALES
ACT, AS AMENDED. SUBSEQUENT TO ACCEPTANCE OF THE SPECIFIC FMS CASE,
PAYMENT WILL BE MADE TO REIMBURSE THE DOD UPON PRESENTATION TO THE FRG
BY DOD OF BILLING DOCUMENTS TO COINCIDE WITH SCHEDULED STUDENT ENTRY
INTO TRAINING.
3. THE FINANCIAL BALANCE AMONG THE USER NATIONS CONCERNING A
NATION'S CONTRIBUTION OF INSTRUCTORS IN GREATER THAN A PROPORTIONATE
SHARE WILL BE SETTLED BY SEPARATE ARRANGEMENT AMONG THESE NATIONS.
1. THE PROVISIONS OF THE NATO STATUS OF FORCES AGREEMENT OF 19 JUNE
1951 SHALL APPLY TO THIS AGREEMENT.
2. THE INVESTIGATION OF FLIGHT ACCIDENTS INVOLVING USER NATIONS/USA
PARTICIPANTS WHILE UNDERGOING TRAINING WILL BE IN ACCORDANCE WITH STANAG
3531.
OTHER EURO/NATO NATIONS ARE INVITED TO JOIN THIS HELICOPTER PILOT
TRAINING PROGRAM. IN SUCH CASE, THIS AGREEMENT SHALL BE AMENDED AS
REQUIRED BY AN APPROPRIATE ANNEX HERETO.
1. THIS AGREEMENT BECOMES EFFECTIVE 6 MONTHS AFTER THE DATE OF THE
FINAL SIGNATURE. PREVIOUSLY SIGNED FOREIGN MILITARY SALES CASES ON THE
SAME TRAINING SUBJECT FOR STUDENTS NOT ENTERED INTO TRAINING AS OF THE
DATE OF EXECUTION OF THIS AGREEMENT SHALL BE CONSIDERED AS COMING UNDER
THE AEGIS OF THIS AGREEMENT.
2. THE ENGLISH LANGUAGE COPY OF THIS AGREEMENT IS THE ONLY
AUTHORITATIVE VERSION.
3. THIS AGREEMENT SHALL REMAIN IN EFFECT UNTIL 12 MONTHS SUBSEQUENT
TO SUCH DATE ON WHICH ANY PARTY IS REQUIRED FOR NATIONAL REASON TO
TERMINATE ITS PARTICIPATION.
WASHINGTON, 9 DEC 75
(DATE)
WILLIAM K. BREHM
FOR THE SECRETARY OF DEFENSE
OF THE UNITED STATES OF AMERICA
BONN, 6 NOVEMBER 1975
(DATE)
FOR THE FEDERAL MINISTER OF
DEFENCE OF THE FEDERAL REPUBLIC
OF GERMANY
1. THE STUDENTS MUST HAVE ENGLISH LANGUAGE COMPREHENSION LEVEL
(E.L.) AS SPECIFIED BY THE DOD.
2. THE USER AGREES TO ASSIST THE DOD SCHOOL BY MAKING AVAILABLE NO
MORE THAN 10 INSTRUCTORS ON A CONTINUING BASIS DURING THE PERIOD OF THIS
AGREEMENT. THE USER IS AUTHORIZED TO VARY THE NUMBER OF INSTRUCTORS
UPON 6 MONTHS' NOTIFICATION TO THE DOD; COURSE COST WILL BE SUBJECT TO
CORRESPONDING CHANGE.
3. THE TRAINING OF THE INSTRUCTORS STARTS AT LEAST 3 MONTHS PRIOR TO
THE FIRST STUDENTS' INPUT.
4. THE INSTRUCTORS MUST:
A. BE THE RANK OF AT LEAST COMMISSIONED WARRANT OFFICER BUT NO HIGHER
THAN EQUIVALENT OF A US ARMY CAPTAIN, AND
B. HAVE 500 HOURS HELICOPTER TIME OF WHICH 250 SHOULD BE IN UH-1
AIRCRAFT OR OF WHICH 250 MAY BE AS INSTRUCTOR PILOT IN ANY HELICOPTER,
AND
C. HAVE 1 YEAR EXPERIENCE IN AN OPERATIONAL AVIATION UNIT, AND
D. COMPLETE THE METHODS OF INSTRUCTION COURSE AT THE APPROPRIATE DOD
AVIATION SCHOOL, OR
E. BE ACCEPTED AS A QUALIFIED INSTRUCTOR BY THE APPROPRIATE DOD
SCHOOL COMMANDER IN ABSENCE OF ANY OF THE QUALIFICATIONS LISTED ABOVE.
F. BE ASSIGNED TO THE US SCHOOL FOR A PERIOD OF AT LEAST 24 MONTHS.
5. EACH USER NATION IS AUTHORIZED TO ESTABLISH A LIAISON STAFF,
NORMALLY NOT TO EXCEED TWO PERSONNEL, TO ACT AS STUDENT ADMINISTRATOR
RELATING TO NATIONAL PROBLEMS. SENIOR LIAISON OFFICER SHOULD BE OF RANK
HIGHER OR AT LEAST EQUAL TO HIGHEST RANKING STUDENT NATION WILL NORMALLY
SEND TO SCHOOL.
6. THE USER NATIONS ARE RESPONSIBLE FOR FURNISHING ALL TRAVEL FROM
HOME COUNTRY TO THE DOD SCHOOL AND RETURN IN ACCORDANCE WITH USER NATION
REGULATIONS.
1. THE DOD WILL PROVIDE EACH USER STUDENT WITH BASIC HELICOPTER
PILOT TRAINING IN ACCORDANCE WITH THE EXISTING PROGRAM OF INSTRUCTION
(POI) AT THE USA ARMY AVIATION SCHOOL, LESS THE TACTICS PHASE. CURRENT
POI INCLUDES:
A. INITIAL ENTRY COURSE.
-85 FLYING HOURS-- PRIMARY HELICOPTER-- TH 55
-30 FLYING HOURS-- INSTRUMENT-- UH-1
-25 FLYING HOURS-- CONTACT-- UH-1
-20 HOURS-- SIMULATED FLYING TRAINER
-715 HOURS-- FLIGHT LINE
-278 HOURS-- ACADEMIC
B. CONVERSION COURSE.
-12 FLYING HOURS-- INSTRUMENTS-- UH-1
-30 FLYING HOURS-- CONTACT-- UH-1
-27 HOURS-- SIMULATED FLYING TRAINER
-315 HOURS-- FLIGHT LINE
-77 HOURS-- ACADEMIC
C. IF THE POI OR TYPE OF AIRCRAFT USED IS CHANGED, USER IS TO BE
CONSULTED IN ADVANCE.
2. THE OBJECTIVE OF TRAINING IS TO ATTAIN A TRAINING LEVEL ALLOWING
FOR THE ISSUING OF THE MILITARY PILOTS CERTIFICATE AND THE WHITE CARD
UNDER CURRENT NATIONAL REGULATIONS.
3. THE DOD WILL UNDERTAKE THE TRAINING OF INSTRUCTORS (ANNEX A, PARA
4D) WITHOUT ADDITIONAL COSTS FOR THE USER.
4. ALLOCATION OF SPACES/COURSES IS SUBJECT TO ANNUAL TRAINING
NEGOTIATIONS BETWEEN THE DOD AND USER.
5. THE DOD WILL MAKE AVAILABLE TO THE LIAISON STAFFS ADEQUATE OFFICE
SPACE WITH NECESSARY PHYSICAL ADMINISTRATIVE AND COMMUNICATIVE
FACILITIES.
6. THE DOD SHALL GIVE ASSISTANCE IN ACCOMMODATION AND MESSING FOR
THE USER STUDENTS ON A REIMBURSABLE BASIS IN ACCORDANCE WITH DOD
REGULATIONS.
7. THE DOD WILL FURNISH USER STUDENTS AND PERSONNEL OF THE LIAISON
STAFFS WITH ALL AVAILABLE MILITARY AND SOCIAL FACILITIES IN ACCORDANCE
WITH EXISTING DOD REGULATIONS.
8. IN THE EVENT HELICOPTER TRAINING FACILITIES IN THE CONTINENTAL
UNITED STATES BECOMES UNAVAILABLE, USER WILL BE NOTIFIED A MINIMUM OF
TWELVE (12) MONTHS IN ADVANCE OF SUCH NONAVAILABILITY.
UNITED STATES DEPARTMENT OF DEFENSE OFFER AND ACCEPTANCE
DD FORM 1513 (FORM OMITTED)
PURCHASER TO THE US FOREIGN MILITARY SALES ACT AS AMENDED, THE
GOVERNMENT OF THE UNITED STATES (THEREAFTER REFERRED TO AS "USG") HEREBY
OFFERS TO SELL TO THE PURCHASER THE DEFENSE ARTICLES AND DEFENSE
SERVICES LISTED (HEREINAFTER REFERRED TO COLLECTIVELY AS "ITEMS" AND
INDIVIDUALLY AS "DEFENSE ARTICLES" OR "DEFENSE SERVICES") SUBJECT TO THE
CONDITIONS SET FORTH BELOW.
A. THE GOVERNMENT OF THE UNITED STATES:
1. AGREES TO FURNISH SUCH ITEMS FROM ITS DEPARTMENT OF DEFENSE
(HEREINAFTER REFERRED TO AS "DOD") STOCKS AND RESOURCES, OR TO PROCURE
THEM UNDER THE MOST ADVANTAGEOUS TERMS AND CONDITIONS AVAILABLE
CONSISTENT WITH DOD REGULATIONS AND PROCEDURES. WHEN PROCURING FOR THE
PURCHASER, THE DOD SHALL, TO THE EXTENT POSSIBLE EMPLOY THE SAME
CONTRACT CLAUSES, THE SAME CONTRACT ADMINISTRATION, AND THE SAME
INSPECTION PROCEDURES AS WOULD BE USED IN PROCURING FOR ITSELF, ACCEPT
AS OTHERWISE REQUESTED BY THE PURCHASER AND AS AGREED TO BY THE DOD.
2. ADVISES THAT WHEN THE DOD PROCURES FOR ITSELF, ITS CONTRACTS
INCLUDE WARRANTY CLAUSES ONLY ON AN EXCEPTIONAL BASIS. HOWEVER, THE USG
SHALL, WITH RESPECT TO ITEMS BEING PROCURED, AND UPON TIMELY NOTICE,
ATTEMPT TO OBTAIN ANY PARTICULAR OR SPECIAL CONTRACT PROVISION AND
WARRANTIES DESIRED BY THE PURCHASER. THE USG FURTHER AGREES TO
EXERCISE, UPON THE PURCHASER'S REQUEST ANY RIGHTS (INCLUDING THOSE
ARISING UNDER ANY WARRANTIES) THE USG MAY HAVE UNDER ANY CONTRACT
CONNECTED WITH THE PROCUREMENT OF ANY ITEMS. ANY ADDITIONAL COST
RESULTING FROM OBTAINING SPECIAL CONTRACT PROVISIONS OR WARRANTIES, OR
THE EXERCISE OF RIGHTS UNDER SUCH PROVISIONS OR WARRANTIES OR ANY OTHER
RIGHTS THAT THE USG MAY HAVE UNDER ANY CONTRACT CONNECTED WITH THE
PROCUREMENT OF ITEMS; SHALL BE CHARGED TO THE PURCHASER.
3. SHALL, UNLESS THE CONDITION IS OTHERWISE SPECIFIED HEREIN (E.G.
"AS IS"), REPAIR OR REPLACE FREE OF CHARGE DEFENSE ARTICLES WHICH ARE
DAMAGED OR FOUND TO BE DEFECTIVE IN RESPECT OF MATERIAL OR WORKMANSHIP
AND WHICH ARE SUPPLIED FROM DOD STOCKS, WHEN IT IS ESTABLISHED THAT
THESE DEFICIENCIES EXISTED PRIOR TO PASSAGE OF TITLE. QUALIFIED
REPRESENTATIVES OF THE USG AND OF THE PURCHASER, UPON NOTIFICATION
PURSUANT TO PARAGRAPH B4 BELOW, SHALL AGREE ON THE LIABILITY OF THE USG
HEREUNDER AND THE CORRECTIVE STEPS TO BE TAKEN. WITH RESPECT TO ITEMS
BEING PROCURED FOR SALE TO THE PURCHASER, THE USG AGREES TO OBTAIN AND
EXERCISE WARRANTIES ON BEHALF OF THE PURCHASER PURSUANT TO A2 ABOVE TO
ASSURE, TO THE EXTENT PROVIDED BY THE WARRANTY, REPLACEMENT OR
CORRECTION OF SUCH ITEMS FOUND TO BE DEFECTIVE IN ADDITION, THE USG
WARRANTS THE TITLE OF ALL ITEMS SOLD TO THE PURCHASER HEREUNDER. THE
USG, HOWEVER, MAKES NO WARRANTIES OTHER THAN THOSE SPECIFICALLY SET
FORTH HEREIN. IN PARTICULAR THE USG DISCLAIMS ANY LIABILITY RESULTING
FROM PATENT INFRINGEMENT OCCASIONED BY THE USE OR MANUFACTURE BY OR FOR
PURCHASER OUTSIDE THE UNITED STATES OF ITEMS SUPPLIED HEREUNDER.
4. AGREES TO DELIVER AND PASS TITLE TO THE ITEMS TO THE PURCHASER AT
THE INITIAL POINT OF SHIPMENT UNLESS OTHERWISE SPECIFIED HEREIN. WITH
RESPECT TO DEFENSE ARTICLES PROCURED FOR SALE TO THE PURCHASER, THIS
WILL NORMALLY BE AT THE MANUFACTURERS' LOADING FACILITIES; WITH RESPECT
TO DEFENSE ARTICLES FURNISHED FROM STOCKS, THIS WILL NORMALLY BE AT THE
U.S. DEPOT. ARTICLES WILL BE PACKED, CRATED OR OTHERWISE PREPARED FOR
SHIPMENT PRIOR TO THE TIME TITLE PASSES. IF "POINT OF DELIVERY"
DESIGNATED ON THE REVERSE IS SPECIFIED OTHERWISE THAN THE INITIAL POINT
OF SHIPMENT, THE SUPPLYING MILITARY SERVICE WILL ARRANGE MOVEMENT OF THE
ITEMS OF THE AUTHORIZED DELIVERY POINT AS REIMBURSABLE SERVICE. CUSTODY
MUST NOT BE CONSTRUED TO MEAN RETENTION OF TITLE.
5. ADVISES THAT: A. UNLESS OTHERWISE SPECIFIED, USG STANDARD ITEMS
WILL BE FURNISHED WITHOUT REGARD TO MAKE OR MODEL.
B. THE PRICE OF ITEMS TO BE PROCURED SHALL BE AT THEIR TOTAL COST TO
THE USG. UNLESS OTHERWISE SPECIFIED, THE COST ESTIMATES OF ITEMS TO BE
PROCURED, AVAILABILITY DETERMINATION, AND DELIVERY PROJECTIONS QUOTED
ARE ESTIMATES BASED ON CURRENT AVAILABLE DATA. THE USG WILL USE ITS
BEST EFFORTS TO ADVISE THE PURCHASER OR ITS AUTHORIZED REPRESENTATIVE:
(1) OF ANY IDENTIFIABLE COST INCREASE THAT MIGHT RESULT IN AN
INCREASE IN THE "ESTIMATED TOTAL COSTS" IN EXCESS OF 10 PERCENT, BUT ITS
FAILURE TO SO ADVISE SHALL NOT AFFECT THE PURCHASER'S OBLIGATION UNDER
PARAGRAPH B5 BELOW.
(2) OF ANY DELAYS WHICH MIGHT SIGNIFICANTLY AFFECT THE ESTIMATED
DELIVERY DATES.
C. THE USG WILL, HOWEVER, USE ITS BEST EFFORTS TO DELIVER ITEMS OR
RENDER SERVICES FOR THE AMOUNT AND AT THE TIMES QUOTED.
6. UNDER UNUSUAL AND COMPELLING CIRCUMSTANCES WHEN THE BEST
INTERESTS OF THE UNITED STATES REQUIRE IT, THE USG RESERVES THE RIGHT TO
CANCEL ALL OR PART OF THIS ORDER AT ANY TIME PRIOR TO THE DELIVERY OF
DEFENSE ARTICLES OR PERFORMANCE OF SERVICES. THE USG SHALL BE
RESPONSIBLE FOR ALL TERMINATION COSTS OF ITS SUPPLIES RESULTING FROM
CANCELLATIONS UNDER THIS PARAGRAPH.
7. SHALL REFUND TO THE PURCHASER ANY PAYMENTS RECEIVED HEREUNDER
WHICH PROVE TO BE IN EXCESS OF THE FINAL TOTAL COST OF DELIVERY AND
PERFORMANCE OF THIS ORDER.
B. THE PURCHASER:
1A. IN PAYMENT FOR THE ITEMS SHALL FORWARD WITH ITS ACCEPTANCE OF
THIS OFFER A CHECK PAYABLE IN UNITED STATES DOLLARS TO THE TREASURER OF
THE UNITED STATES IN THE AMOUNT SHOWN AS THE ESTIMATED TOTAL COST,
UNLESS DIFFERENT ARRANGEMENTS ARE SPECIFIED UNDER "TERMS".
B. AGREES, IF "TERMS" SPECIFY PAYMENT BY "DEPENDABLE UNDERTAKING" TO
PAY THE USG SUCH AMOUNTS AT SUCH TIMES AS MAY BE SPECIFIED BY THE USG IN
ORDER TO COVER SHIPMENTS FROM STOCK OR SERVICES RENDERED OR TO MEET
PAYMENTS REQUIRED BY CONTRACTS UNDER WHICH ITEMS ARE BEING PROCURED, AND
ANY DAMAGES AND COSTS THAT MAY ACCRUE FROM CANCELLATION OF CONTRACTS
RESULTING FROM PURCHASER'S ACTION UNDER PARAGRAPH B6 HEREOF. REQUESTS
FOR FUNDS MAY BE BASED UPON REQUIREMENTS FOR ADVANCES AND PROGRESS
PAYMENTS TO SUPPLIERS OR DELIVERY FORECASTS, AS THE CASE MAY BE.
REQUESTS FOR FUNDS AND BILLINGS, WHEN FUNDS ARE NOT ALREADY ON DEPOSIT,
ARE DUE IN FULL ON PRESENTATION. DOCUMENTATION CONCERNING ADVANCE AND
PROGRESS PAYMENTS OR PROOF OF SHIPMENT IN SUPPORT OF BILLS WILL BE MADE
AVAILABLE TO THE PURCHASER BY THE DOD UPON REQUEST. WHEN APPROPRIATE,
THE PURCHASER WILL REQUEST ADJUSTMENT OF ANY QUESTIONABLE BILLED ITEMS
BY SUBSEQUENT SUBMISSION OF REQUIRED DISCREPANCY REPORTS IN ACCORDANCE
WITH PARAGRAPH B4 BELOW.
C. AGREES, IF "TERMS" SPECIFY PAYMENT ON EVIDENCE OF CONSTRUCTIVE
DELIVERY, TO MAKE PAYMENTS IN FULL AMOUNT OF ANY REQUEST FOR FUNDS OR
BILLING WITHIN THE MONTH FOLLOWING THE MONTH OF THE REQUEST, OR AS
OTHERWISE REQUIRED IN ACCORDANCE WITH THE "TERMS" HEREIN.
D. AGREES, IF "TERMS" SPECIFY PAYMENT UNDER A CREDIT AGREEMENT
BETWEEN THE PURCHASER AND DOD TO PAY TO THE USG ON A "DEPENDABLE
UNDERTAKING" BASIS, IN ACCORDANCE WITH B.1B. ABOVE, SUCH COSTS AS MAY BE
IN EXCESS OF THE AMOUNTS FUNDED BY THE CREDIT AGREEMENT.
2. SHALL FURNISH SHIPPING INSTRUCTIONS FOR THE ITEMS WITH ITS
ACCEPTANCE OF THIS OFFER. SUCH INSTRUCTIONS SHALL INCLUDE (A)
OFFER/RELEASE CODE, (B) FREIGHT FORWARDER CODE, AND (C) THE MARK FOR
CODE, AS APPLICABLE.
3. SHALL BE RESPONSIBLE FOR OBTAINING THE APPROPRIATE INSURANCE
COVERAGE, AND, EXCEPT FOR ITEMS EXPORTED BY THE USG, APPROPRIATE EXPORT
LICENSES.
4. SHALL ACCENT TITLE TO THE DEFENSE ARTICLES AT THE INITIAL POINT
OF SHIPMENT (SEE A4 ABOVE) UNLESS OTHERWISE SPECIFIED HEREIN. PURCHASER
SHALL BE RESPONSIBLE FOR IN-TRANSIT ACCOUNTING AND SETTLEMENT OF CLAIMS
AGAINST COMMON CARRIERS. TITLE TO DEFENSE ARTICLES TRANSPORTED BY
PARCEL POST SHALL PASS TO THE PURCHASER ON DATE OF PARCEL POST SHIPMENT.
STANDARD FORM 364 SHALL BE USED IN SUBMITTING CLAIMS TO THE USG FOR
NON-RECEIPT COVERAGE, SHORTAGE, DAMAGE, DUPLICATE BILLING, ITEM
DEFICIENCY, IMPROPER IDENTIFICATION OR IMPROPER DOCUMENTATION AND SHALL
BE SUBMITTED BY PURCHASER PROMPTLY. CLAIMS OF $25.00 OR LESS WILL NOT
BE REPORTED FOR OVERAGES, SHORTAGES, OR DAMAGES. CLAIMS RECEIVED AFTER
ONE YEAR FROM DATE OF PASSAGE OF TITLE OR BILLING, WHICHEVER IS LATER,
WILL BE DISALLOWED BY THE USG.
5. SHALL REIMBURSE THE USG IF THE FINAL COST TO THE USG EXCEEDS THE
AMOUNTS ESTIMATED IN THIS SALES AGREEMENT.
6. MAY CANCEL THIS ORDER WITH RESPECT TO ANY OR ALL OF THE ITEMS
LISTED IN THIS SALES AGREEMENT AT ANY TIME PRIOR IN THE DELIVERY OF
DEFENSE ARTICLES OR PERFORMANCE OF SERVICE. IT SHALL BE RESPONSIBLE FOR
ALL COSTS RESULTING FROM CANCELLATION UNDER THIS PARAGRAPH.
7. SHALL, EXCEPT AS MAY OTHERWISE BE MUTUALLY AGREED, USE THE ITEMS
SOLD HEREUNDER ONLY.
A. FOR THE PURPOSES SPECIFIED IN THE MUTUAL DEFENSE ASSISTANCE
AGREEMENT, IF ANY, BETWEEN THE USG AND THE PURCHASER.
B. FOR THE PURPOSES SPECIFIED IN ANY BILATERAL OR REGIONAL DEFENSE
TREATY TO WHICH THE USG AND THE PURCHASER ARE BOTH PARTIES, IF
SUBPARAGRAPH A OF THIS PARAGRAPH IS INAPPLICABLE, OR
C. FOR INTERNAL SECURITY, SELF-DEFENSE, AND/OR CIVIC ACTION, IF
SUBPARAGRAPHS A AND B OF THIS PARAGRAPH ARE INAPPLICABLE.
8. SHALL NOT TRANSFER TITLE TO, OR POSSESSION OF, THE DEFENSE
ARTICLES, COMPONENTS AND ASSOCIATED SUPPORT MATERIAL FURNISHED UNDER
THIS SALES AGREEMENT TO ANY PERSON, OR ORGANIZATION (EXCLUDING
TRANSPORTATION AGENCIES), OR OTHER GOVERNMENT UNLESS THE WRITTEN CONSENT
OF THE USG HAS FIRST BEEN OBTAINED. IT SHALL NOT DISCLOSE, DISPOSE OF,
OR PERMIT USE OF ANY PLANS, SPECIFICATIONS OR INFORMATION FURNISHED IN
CONNECTION WITH THIS TRANSACTION, EXCEPT TO THE EXTENT AUTHORIZED IN
WRITING BY THE USG. TO THE EXTENT THAT ANY ITEMS, PLANS,
SPECIFICATIONS, OR INFORMATION FURNISHED IN CONNECTION WITH THIS
TRANSACTION MAY BE CLASSIFIED BY THE USG FOR SECURITY PURPOSES, THE
PURCHASER SHALL MAINTAIN A SIMILAR CLASSIFICATION AND EMPLOY ALL
MEASURES NECESSARY TO PRESERVE SUCH SECURITY, EQUIVALENT TO THOSE
EMPLOYED BY THE USG, THROUGHOUT THE PERIOD DURING WHICH THE USG MAY
MAINTAIN SUCH CLASSIFICATION. THE USG WILL NOTIFY THE PURCHASER IF THE
CLASSIFICATION IS CHANGED. THE PURCHASER WILL ENSURE, BY ALL MEANS
AVAILABLE TO IT, RESPECT FOR PROPRIETARY RIGHTS IN ANY DEFENSE ARTICLE
AND ANY PLANS, SPECIFICATIONS, OR INFORMATION FURNISHED, WHETHER
PATENTED OR NOT.
C. INDEMNIFICATION AND ASSUMPTION OF RISKS:
1. IT IS UNDERSTOOD BY THE PURCHASER THAT THE USG IN PROCURING AND
FURNISHING THE ITEMS SPECIFIED IN THIS AGREEMENT DOES SO ON A NONPROFIT
BASIS FOR THE BENEFIT OF THE PURCHASER. THE PURCHASER THEREFORE
UNDERTAKES, SUBJECT TO A3 ABOVE, TO INDEMNIFY AND HOLD THE USG, ITS
AGENTS, OFFICERS, AND EMPLOYEES HARMLESS FROM ANY AND ALL LOSS OR
LIABILITY (WHETHER IN TORT OR IN CONTRACT) WHICH MIGHT ARISE IN
CONNECTION WITH THIS AGREEMENT BECAUSE OF: (I) INJURY TO OR DEATH OF
PERSONNEL OF PURCHASER OR THIRD PARTIES, (II) DAMAGE TO OR DESTRUCTION
OF (A) PROPERTY OF THE DOD FURNISHED TO SUPPLIERS SPECIFICALLY TO
IMPLEMENT THIS AGREEMENT, (B) PROPERTY OF PURCHASER (INCLUDING THE ITEMS
ORDERED BY PURCHASER PURSUANT TO THE AGREEMENT, BEFORE OR AFTER PASSAGE
OF TITLE TO PURCHASER), OR (C) PROPERTY OF THIRD PARTIES; OR (III)
PATENT INFRINGEMENT.
2. SUBJECT TO ANY EXPRESS, SPECIAL CONTRACTUAL WARRANTIES OBTAINED
FOR THE PURCHASER IN ACCORDANCE WITH A2 ABOVE, THE PURCHASER AGREES TO
RELIEVE THE CONTRACTORS AND SUBCONTRACTORS OF THE USG FROM LIABILITY
FOR, AND WILL ASSUME THE RISK OF, LOSS OR DAMAGE TO PURCHASER'S PROPERTY
(INCLUDING THE ITEMS PROCURED PUREVANT TO THIS AGREEMENT, BEFORE OR
AFTER PASSAGE OF TITLE TO PURCHASER) TO THE SAME EXTENT THAT USG WOULD
ASSUME FOR ITS PROPERTY IF IT WERE PROCURING FOR ITSELF THE ITEM OR
ITEMS PROCURED PUREVANT TO THIS AGREEMENT.
D. ACCEPTANCE:
TO ACCEPT THIS OFFER, THE PURCHASER WILL RETURN THE ORIGINAL AND
THREE COPIES PROPERLY SIGNED, TO THE US MILITARY DEPARTMENT MAKING THE
OFFER NOT LATER THAN THE EXPIRATION DATE OF THE OFFER SET FORTH HEREIN.
WHEN PROPERTY ACCEPTED AND RETURNED AS SPECIFIED HEREIN, THE PROVISIONS
OF THIS OFFER SHALL BE BINDING UPON BOTH GOVERNMENTS. UNLESS WRITTEN
EXTENSION IS OBTAINED FROM AN AUTHORIZED REPRESENTATIVE OF SUCH US
MILITARY DEPARTMENT, THIS OFFER SHALL TERMINATE AT THE END OF SUCH
EXPIRATION DATE,
E. ENCLOSURES:
ENCLOSURES ATTACHED HERETO ARE, BY THIS REFERENCE, INCORPORATED
HEREIN AND ARE MADE A PART HEREOF AS THOUGH SET FORTH IN FULL.
1. THE ITEM OR REFERENCE NUMBERS APPEARING IN THE "ITEM OR REF.
NO." COLUMN MAY NOT CORRESPOND WITH REFERENCES USED IN YOUR ORIGINAL
REQUEST. HOWEVER, THIS NUMBER, TOGETHER WITH THE CASE DESIGNATOR SHOWN
SHOULD ALWAYS BE USED AS A REFERENCE IN FUTURE CORRESPONDENCE.
2. AVAILABILITY LEAD TIME QUOTED IN THE "AVAILABILITY AND REMARKS"
COLUMN IS THE NUMBER OF MONTHS REQUIRED TO DELIVER ITEMS AFTER RECEIPT
OF ACCEPTANCE OF THIS OFFER PURSUANT TO SECTION D ABOVE AND THE
CONCLUSION OF APPROPRIATE FINANCIAL ARRANGEMENTS. THE PLANNED SOURCE OF
SUPPLY FOR EACH ITEM IS EXPRESSED IN THE FOLLOWING CODES:
S (*) SERVICE STOCKS
P (*) PROCUREMENT
R (*) REBUILD/REPAIR/MODIFICATION
X (*) STOCK AND PROCUREMENT, E.G., INITIAL REPAIR PARTS
*AVAILABILITY IS STATED IN MONTHS.
3. CONDITION OF THE DEFENSE ARTICLES SHOWN IN THE "AVAILABILITY AND
REMARKS" COLUMN IS EXPRESSED IN THE FOLLOWING CODES:
AI - ITEMS TO BE PROVIDED IN EXISTING CONDITION WITHOUT REPAIR,
RESTORATION OR REHABILITATION WHICH MAY BE REQUIRED. CONDITION
INDICATED IN ITEM DESCRIPTION.
M - ARTICLES OF MIXED CONDITION (NEW, REWORKED AND REHABILITATED) MAY
BE COMMINGLED WHEN ISSUED. EXAMPLE: REPAIR PARTS, AMMUNITION, SET
ASSEMBLIES, KITS, TOOL SETS AND SHOP SETS.
N - SERVICEABLE DEFENSE ARTICLES.
O - OBSOLETE OR NON-STANDARD ITEM IN AN "AS IS" CONDITION FOR WHICH
REPAIR PARTS SUPPORT MAY NOT BE AVAILABLE FROM DOD.
S - SUBSTITUTE. SUITABLE SUBSTITUTIONS MAY BE SHIPPED FOR
UNAVAILABLE DEFENSE ARTICLES UNLESS OTHERWISE ADVISED BY THE PURCHASER.
U - REWORKED OR REHABILITATED DEFENSE ARTICLES POSSESSING ORIGINAL
APPEARANCE INSOFAR AS PRACTICABLE; INCLUDING ALL MODIFICATION WORK
ORDERS AND ENGINEERING CHANGE ORDERS AS APPLIED TO SUCH DEFENSE ARTICLES
WHEN ISSUED BUT DEFENSE ARTICLES SHOULD NOT BE CONSIDERED AS HAVING HAD
TOTAL REPLACEMENT OF WORN PARTS AND/OR ASSEMBLIES. ONLY PARTS AND
COMPONENTS NOT MEETING US ARMED FORCES SERVICEABILITY TOLERANCES AND
STANDARDS WILL HAVE BEEN REPLACED; IN ALL INSTANCES SUCH DEFENSE
ARTICLES WILL MEET US ARMED FORCES STANDARDS OF SERVICEABILITY.
NORWAY 4 OCT 1977 FLITE DOCUMENT NO. 7900097
AGREEMENT EXECUTED 9 SEPTEMBER AND 4 OCTOBER 1977.
AGREEMENT BETWEEN THE GOVERNMENT OF NORWAY AND THE GOVERNMENT OF THE
UNITED STATES ON THE TEST AND EVALUATION OF THE KONGSBERG FUZE, MODEL
PPD-440.
A/S KONGSBERG VAPENFABRIKK, HEREINAFTER REFERRED TO AS KONGSBERG, IS
PRESENTLY CONDUCTING A PROGRAM FOR THE PRODUCTION OF A PROXIMITY FUZE
WHICH MAY BE ADAPTABLE TO AERIAL BOMBS AND DISPENSERS. THE UNITED
STATES AIR FORCE, HEREINAFTER REFERRED TO AS USAF, IS INTERESTED IN
CONDUCTING EXPERIMENTAL EVALUATIONS OF THIS FUZE WITH THE OBJECTIVE OF
DETERMINING ITS ABILITY TO SATISFY IN PART OUR REQUIREMENTS FOR A
PROXIMITY FUZE. FOR THIS PURPOSE, SUBJECT TO THE AVAILABILITY OF FUNDS,
THE USAF INTENDS TO ENTER INTO A CONTRACT WITH KONGSBERG COVERING THE
PURCHASE OF A SPECIFIED QUANTITY OF THE PPD-440. NORWAY AND THE USAF
AGREE ON THE INTENTION OF CONDUCTING THIS EVALUATION SUBJECT TO THE
FOLLOWING CONDITIONS:
ARTICLE I: PURPOSE
1. FOR THE PLANNED US TEST PROGRAM (PHASE I), THE USAF WILL PROCURE
A QUANTITY OF THE PPD-440 FUZE FOR THE PURPOSE OF TESTING ITS
PERFORMANCE AND EFFECTIVENESS.
2. IN CASE OF POSITIVE RESULTS IN THE ABOVE INDICATED TESTS,
KONGSBERG AND THE USAF MAY, SUBJECT TO THE APPROVAL OF AUTHORITIES IN
THE USAF AND NORWAY, PURSUE FURTHER DEVELOPMENTS TOWARD OPTIMIZING THE
FUZE TO MEET USAF REQUIREMENTS (PHASE II).
3. THE EXECUTION OF POSSIBLE FUTURE DEVELOPMENT (PHASE II) WOULD BE
COVERED BY A SEPARATE AGREEMENT.
ARTICLE II: IMPLEMENTATION OF THE TESTS
1. THE IMPLEMENTATION OF THE TESTS WITH THE PPD-440 WILL BE EFFECTED
IN THE USA AND UNDER THE SOLE RESPONSIBILITY OF THE USAF.
2. OFFICIALS OF THE NORWEGIAN MINISTRY OF DEFENSE WILL BE PERMITTED,
WITHIN THE SCOPE OF THE US SECURITY REGULATIONS AND DIRECTIVES, TO
PARTICIPATE IN THE AMERICAN TESTS. FOR THIS PURPOSE, USAF WILL ADVISE
THE MINISTRY OF DEFENSE SIX WEEKS PRIOR TO THE COMMENCEMENT OF THE TESTS
OF THE EXACT DATES OF THEIR IMPLEMENTATION. THE MINISTRY OF DEFENSE
WILL ESTABLISH A LIST OF THE OFFICIALS FOR WHOM THEY PLAN A
PARTICIPATION, INDICATING THE LEVEL OF THEIR SECURITY CLEARANCE, AND
WILL SUBMIT THE REQUEST FOR THE OFFICIAL VISIT CLEARANCES BY ESTABLISHED
NORMAL PROCEDURES.
3. THE EXISTING SECURITY DIRECTIVES AND MEASURES ARE TO BE OBSERVED
BY ALL VISITORS.
ARTICLE III: LIABILITY
CLAIMS FOR DAMAGES WHICH MAY RESULT FROM THE IMPLEMENTATION OF THIS
TEST PROGRAM WILL BE SETTLED IN LINE WITH ARTICLE VIII OF THE NATO
STATUS OF FORCES AGREEMENT.
ARTICLE IV: INFORMATION TRANSFER
1. THE TECHNICAL DATA AND OTHER INFORMATION REQUIRED FOR THE
IMPLEMENTATION OF THE TESTS, INCLUDING THEIR EVALUATION, WILL BE MADE
AVAILABLE TO THE USAF BY KONGSBERG ACCORDING TO THE TERMS OF THE
PROPOSED CONTRACT.
2. BY MEANS OF THIS AGREEMENT, THE USAF DOES NOT ACQUIRE ANY TITLES
ON TECHNICAL INFORMATION/DATA, INCLUDING INVENTIONS, DESIGNS, METHODS
AND DOCUMENTATION IN CONNECTION WITH THE SPECIFIC TYPES OF MUNITIONS
RELEASED, REGARDLESS OF WHETHER THEY ARE PROTECTED.
3. ALL TECHNICAL INFORMATION/DATA TRANSMITTED ORALLY OR RELEASED FOR
PERUSAL WILL, WHENEVER USEFUL AND PRACTICABLE, BE RECORDED IN
DOCUMENTARY FORM. THE USAF WILL TAKE ALL APPROPRIATE PRECAUTIONS TO
INSURE THAT INFORMATION OBTAINED ORALLY OR IN UNRECORDED/UNDOCUMENTED
FORM WILL BE UTILIZED ONLY TO THE DEGREE INTENDED UNDER THE SCOPE AND
INTENTIONS OF THIS PROGRAM.
4. ALL TECHNICAL INFORMATION/DATA RECEIVED MAY ONLY BE USED FOR THE
PURPOSE OF THESE TESTS. IT MAY NOT BE PASSED ON, OR MADE KNOWN TO THIRD
PARTIES, WITHOUT PRIOR WRITTEN CONSENT OF KONGSBERG.
5. WITHIN SIX MONTHS AFTER COMPLETION OF THE TESTS, USAF WILL
FURNISH THE NORWEGIAN MINISTRY OF DEFENSE, FREE OF CHARGE, A REPORT ON
THE TEST RESULTS.
6. NORWAY AND USAF AGREE THAT THE PURPOSE OF TESTING THE PPD-440 IS
TO DETERMINE THE APPLICABILITIES OF THE FUZE TO USAF REQUIREMENTS.
7. THE TRANSFER AND PROTECTION OF DOCUMENTS WITHIN THE SCOPE OF THIS
AGREEMENT ARE SUBJECT TO THE PROVISIONS OF THE NATO AGREEMENT ON THE
EXCHANGE OF TECHNICAL DOCUMENTATION DATED 19 OCTOBER 1970 AND TO THE
PERTINENTLY ISSUED PROCEDURAL DIRECTIVES.
ARTICLE V: SECURITY
1. ALL CLASSIFIED MATERIAL AND CLASSIFIED EQUIPMENT TO BE MADE
AVAILABLE WITHIN THE SCOPE OF THIS AGREEMENT WILL BE CONTROLLED IN
ACCORDANCE WITH THE BASIC PRINCIPLES AND MINIMUM STANDARDS FOR SECURITY
APPROVED BY THE NATO COUNCIL ON 2 MARCH 1955 (NATO DOCUMENT CM (55) 15
FINAL),
2. DOCUMENTATION AND MATERIALS UP TO AND INCLUDING THE SECURITY
CLASSIFICATION CONFIDENTIAL CAN BE MADE AVAILABLE WITHIN THE SCOPE OF
THIS PROGRAM.
ARTICLE VI: FUNDING
EACH PARTY WILL BEAR THE COSTS OF DISCHARGING ITS RESPECTIVE
RESPONSIBILITIES UNDER THIS AGREEMENT. THERE WILL BE NO EXCHANGE OF
FUNDS BETWEEN THE MINISTRY OF DEFENSE AND THE UNITED STATES AIR FORCE;
ARTICLE VII: ENTRY INTO EFFECT OF THE AGREEMENT
THIS AGREEMENT IS EXECUTED IN ENGLISH AND BECOMES EFFECTIVE AS OF THE
LATER DATE OF SIGNATURE;
DATE 4 OCT 1977
FOR THE NORWEGIAN MINISTRY
OF DEFENSE
PORTUGAL 29 SEP 1977 FLITE DOCUMENT NO. 7900096
LOAN AGREEMENT EXECUTED 29 SEPTEMBER 1977.
LOAN AGREEMENT BETWEEN THE GOVERNMENT OF PORTUGAL AND THE GOVERNMENT
OF THE UNITED STATES RELATING TO M48A5 TANKS AND M113A1 ARMORED
PERSONNEL CARRIERS. EXTENDS LOAN AGREEMENT OF 11 JUNE 1976 UNTIL 30
SEPTEMBER 1978.
THE PARTIES AGREE THAT THE LOAN AGREEMENT OF 11 JUNE 1976, CONCLUDED
BETWEEN THE UNITED STATES AND THE GOVERNMENT OF PORTUGAL, FOR THE LOAN
OF FIVE M48A5 TANKS AND TWENTY M113A1 ARMORED PERSONNEL CARRIERS WITH
INSTALLED RADIOS AND MACHINE GUNS FOR USE BY THE PORTUGUESE ARMY, SHALL
CONTINUE UNTIL 30 SEPTEMBER 1978
FOR THE GOVERNMENT OF THE
UNITED STATES OF AMERICA
TITLE: DIRECTOR DSAA
DATE: 29 SEPT 77
PORTUGAL 29 SEP 1977 FLITE DOCUMENT NO. 7900095
LOAN AGREEMENT EXECUTED 29 SEPTEMBER 1977.
LOAN AGREEMENT BETWEEN THE GOVERNMENT OF PORTUGAL AND THE GOVERNMENT
OF THE UNITED STATES RELATING TO T-38 AIRCRAFT, SPARE ENGINES AND FLIGHT
LINE SUPPORT EQUIPMENT. EXTENDS LOAN AGREEMENT OF 19 JANUARY 1977 UNTIL
30 SEPTEMBER 1978.
THE PARTIES AGREE THAT THE LOAN AGREEMENT OF 19 JANUARY 1977,
CONCLUDED BETWEEN THE UNITED STATES AND THE GOVERNMENT OF PORTUGAL, FOR
THE LOAN OF SIX T-38 AIRCRAFT, FOUR J-85-5 SPARE ENGINES AND SPECIFIED
FLIGHT LINE SUPPORT EQUIPMENT, SHALL CONTINUE UNTIL 30 SEPTEMBER 1978.
FOR THE GOVERNMENT OF THE
UNITED STATES OF AMERICA
TITLE: DIRECTOR DSAA
DATE: 29 SEPT 1977
PHILIPPINES 11 OCT 1977 FLITE DOCUMENT NO. 7900094
MEMORANDUM OF AGREEMENT EXECUTED 29 SEPTEMBER AND 11 OCTOBER 1977.
MEMORANDUM OF AGREEMENT TO ESTABLISH POLICIES AND PROCEDURES UNDER
WHICH PERSONNEL AND EQUIPMENT OF THE UNITED STATES AIR FORCE WILL BE
ALLOWED TO OCCUPY AND USE CERTAIN FACILITIES AND LAND AREAS BELONGING TO
THE PHILIPPINE AIR FORCE AT BASA AIR BASE. AGREEMENT EXTENDS FROM 29
OCTOBER 1977 THROUGH 29 DECEMBER 1977.
THE PURPOSE OF THIS AGREEMENT IS TO ESTABLISH POLICIES AND PROCEDURES
UNDER WHICH PERSONNEL AND EQUIPMENT OF THE UNITED STATES AIR FORCE,
HEREINAFTER KNOWN AS THE TENANT, WILL BE ALLOWED TO OCCUPY AND USE
CERTAIN FACILITIES AND LAND AREAS BELONGING TO THE PHILIPPINE AIR FORCE
AT BASA AIR BASE, HEREINAFTER KNOWN AS THE HOST AND AS MORE PARTICULARLY
DESCRIBED IN THE ANNEX ATTACHED HERETO.
1. SECTION I, ARTICLE II OF THE 1947 MILITARY BASES AGREEMENT WHICH
PROVIDES: "IT IS MUTUALLY AGREED THAT THE ARMED FORCES OF THE
PHILIPPINES MAY SERVE ON UNITED STATES BASES AND THAT THE ARMED FORCES
OF THE UNITED STATES MAY SERVE ON PHILIPPINE MILITARY ESTABLISHMENTS
WHENEVER SUCH CONDITIONS APPEAR BENEFICIAL AS MUTUALLY DETERMINED BY THE
ARMED FORCES OF BOTH COUNTRIES."
2. MEMORANDUM OF AGREEMENT BETWEEN THE PHILIPPINE AIR FORCE AND
THIRTEENTH AIR FORCE OF 5 JUNE 1963 AUTHORIZING SUBORDINATE COMMANDERS
TO ENTER INTO AND EXECUTE DETAILED SUPPLEMENTAL HOST-TENANT AGREEMENTS.
PHILIPPINE LAWS AND REGULATIONS AND THE RELEVANT PROVISIONS OF THE
PHILIPPINE-UNITED STATES MILITARY BASES AGREEMENT, AS REVISED, WILL BE
APPLICABLE TO TENANT'S USE OF THE PHILIPPINE AIR FORCE BASE.
THE HOST AND TENANT SHALL ASSUME AND ACCOMPLISH THE RESPONSIBILITIES
PRESCRIBED IN THE ANNEX ATTACHED HERETO.
1. CONSTRUCTION, DEMOLITION, INSTALLATION, SUBSTANTIAL ALTERATIONS,
MODIFICATIONS OR CHANGES OF UTILIZATION OF REAL PROPERTY FACILITIES BY
TENANT DURING OCCUPANCY SHALL BE UNDERTAKEN ONLY UPON PRIOR COORDINATION
AND APPROVAL AND IN THE AREAS MADE AVAILABLE BY THE HOST.
2. MINOR ADDITIONS, ALTERATIONS, MODIFICATIONS OR CHANGES OF
UTILIZATION OF REAL PROPERTY FACILITIES BY TENANT MAY BE UNDERTAKEN
WITHOUT PRIOR COORDINATION WITH THE HOST.
3. THE HOST WILL NOT BE OBLIGATED TO MAKE ANY COMPENSATION TO THE
TENANT FOR ANY IMPROVEMENTS MADE IN THE BASE, OR FOR THE BUILDINGS OR
STRUCTURES LEFT THEREON, ALL OF WHICH SHALL BECOME THE PROPERTY OF THE
HOST UPON THE TERMINATION OF THIS AGREEMENT OR THEIR EARLIER
RELINQUISHMENT BY THE TENANT.
4. THE PROVISIONS OF SECTION V OF THIS AGREEMENT DO NOT IN ANY WAY
ABROGATE THE PROVISIONS OF SECTION III, MEMORANDUM OF AGREEMENT BETWEEN
THE PHILIPPINE AIR FORCE AND THIRTEENTH AIR FORCE DATED 5 JUNE 1963.
SECTION III STATES BUILDINGS AND FACILITIES CONSTRUCTED WITH UNITED
STATES FUNDS SHALL REMAIN THE PROPERTY OF THE UNITED STATES UNLESS
OTHERWISE AGREED UPON.
THIS AGREEMENT MAY BE CHANGED OR AMENDED BY MUTUAL AGREEMENT OF THE
PARTIES AS REQUIRED BY CIRCUMSTANCES OR CONDITIONS. NEGOTIATIONS FOR
CHANGES OF THIS AGREEMENT MAY BE INITIATED AT THE REQUEST OF EITHER
PARTY SUBJECT TO APPROVAL OF COMMANDING GENERAL, PHILIPPINE AIR FORCE
AND COMMANDER, THIRTEENTH AIR FORCE, USAF.
ALL DIFFERENCES BETWEEN THE HOST AND TENANT RELATING TO THE
INTERPRETATION OF THIS AGREEMENT SHALL BE SETTLED BY NEGOTIATION BETWEEN
THEM AND DIFFERENCES WHICH CANNOT BE SETTLED SHALL BE REFERRED TO
COMMANDING GENERAL, PHILIPPINE AIR FORCE AND COMMANDER, THIRTEENTH AIR
FORCE, USAF.
THE TERMS OF THIS AGREEMENT SHALL BECOME EFFECTIVE UPON SIGNATURE BY
BOTH PARTIES AND APPROVAL BY BOTH THE COMMANDING GENERAL, PHILIPPINE AIR
FORCE AND COMMANDER, THIRTEENTH AIR FORCE, USAF.
COMMENCING 29 OCTOBER 1977 ENDING 29 DECEMBER 1977.
BRIGADIER GENERAL, AFP
COMMANDER
5TH FIGHTER WING
APPROVED:
SAMUEL O SARMENTO
MAJOR GENERAL, AFP
COMMANDING GENERAL
PHILIPPINE AIR FORCE
DATE 11 OCTOBER 1977
REAL ESTATE
HOST WILL:
PROVIDE ADEQUATE LAND AREAS FOR THE CONSTRUCTION BY TENANT OF
FACILITIES AND INSTALLATIONS AS ARE MUTUALLY DETERMINED TO BE NECESSARY
FOR THE ACCOMPLISHMENT OF ITS MISSION.
TENANT WILL:
EFFECT THE CONSTRUCTION OF FACILITIES AND INSTALLATIONS IN LAND AREAS
PROVIDED BY HOST.
SECURITY AND LAW ENFORCEMENT
HOST WILL:
INCLUDE THE BAK-12 BARRIER WITHIN THE AREA OF SECURITY WHILE LOCATED
ON BASA AB AND PROVIDE AIRCRAFT SECURITY FOR US MILITARY AIRCRAFT
WHENEVER AIRCRAFT ARE PRESENT ON BASA AB.
CIVIL ENGINEERING
HOST WILL:
1. FURNISH NECESSARY AVAILABLE UTILITIES AND SERVICES TO INCLUDE,
BUT NOT BE LIMITED TO, ELECTRICITY AND WATER TO THE TENANT ON A
NONREIMBURSABLE BASIS.
2. PROVIDE ADDITIONAL TELEPHONE COMMUNICATIONS CAPABILITY IF
REQUESTED.
TENANT WILL:
1. BARRIER INSTALLATION. INSTALL, OPERATE, AND MAINTAIN A BAK-12E
AIRCRAFT ARRESTING SYSTEM AS A MID-RUNWAY BARRIER APPROXIMATELY 50 FEET
SOUTH OF THE 4,000 - FOOT RUNWAY MARKER. FOUR RUNWAY LIGHTS WILL BE
TEMPORARILY REMOVED IN ORDER TO CLEAR THE TAPE SWEEP AREA OF
OBSTRUCTION. INSTALLATION WILL COMMENCE ON OR ABOUT 10 OCTOBER 1977 AND
WILL TAKE APPROXIMATELY 14 DAYS.
2. FIRE DEPARTMENT SUPPORT. PROVIDE THE FOLLOWING VEHICLES AT THE
SITE:
A. ONE 1500 GALLON WATER DISTRIBUTOR EQUIPPED WITH A 150 GALLON FOAM
TANK.
B. ONE PICK-UP TYPE VEHICLE EQUIPPED WITH TWO 10 GALLON
CHLOROBROMETHANE (CB) EXTINGUISHERS AND TWO 50 POUND CARBON DIOXIDE FIRE
EXTINGUISHERS WITH MINIMUM RESCUE TOOLS TO HAVE CAPABILITIES OF A
COMBINATION OF FAST ENGINE/WHEET FIRE VEHICLE AND RESCUE VEHICLE.
3. GROUNDS MAINTENANCE. PROVIDE NECESSARY EQUIPMENT TO CUT THE
GRASS AT THE OVERRUNS AND THE RUNWAY AND TAXIWAY SHOULDERS TO CLEAR THE
RUNWAY/TAXIWAY LIGHTS AND THE RUNWAY DISTANCE MARKERS ON A ONE-TIME
BASIS.
4. BARRIER RETRIEVAL. DISASSEMBLE, REMOVE, AND PACKAGE THE BAK-12E
FOR SHIPMENT TO CLARK AB.
FUNDING
HOST WILL:
SEND ANY BILLINGS TO 3 TFW/ACP, CLARK AB FOR SUPPORT RENDERED. THE
BILL WILL SPECIFY TYPE OF SUPPORT PROVIDED AND INCLUDE BOTH LABOR AND
MATERIAL COST.
TENANT WILL:
ADVISE HOST AS FAR IN ADVANCE AS POSSIBLE OF SUPPORT REQUIREMENTS.
MAINTENANCE
HOST WILL:
1. PROVIDE PARKING SPACE FOR AIRCRAFT DIVERTED TO BASA AIR BASE.
A. DIVERTED AIRCRAFT WILL NORMALLY BE PARKED IN THE TRANSIENT PARKING
AREA.
B. DIVERTED AIRCRAFT WITH LIVE ORDNANCE SHALL BE DEARMED AT THE
DEARMING AREA (AS DESIGNATED ON BOTH ENDS OF RUNWAY) BEFORE THE AIRCRAFT
WILL BE PARKED ADJACENT TO THE ALERT HANGARS OR AT THE TRANSIENT PARKING
RAMP.
2. PROVIDE LEAD-IN AND MARSHALLING SERVICE FOR DIVERTING AIRCRAFT AS
NECESSARY. CHOCK AND GROUND DIVERTED AIRCRAFT AS REQUIRED.
3. PROVIDE SECURE STORAGE FOR EQUIPMENT, MATERIALS AND TOOLS
PROVIDED BY THE TENANT UNTIL IT IS REQUIRED FOR USE OR RETURN TO TENANT
CUSTODY.
4. PROVIDE HANGAR SPACE AND SHOP FACILITIES AS AVAILABLE FOR
NECESSARY REPAIRS OF DIVERTED AIRCRAFT.
5. PROVIDE FLIGHTLINE SUPPORT AND SERVICING EQUIPMENT ON AN "AS
AVAILABLE" BASIS TO SUPPORT DIVERTED AIRCRAFT RECOVERY AND LAUNCH
OPERATIONS. THIS SUPPORT WILL INCLUDE THAT THE HOST PROVIDE THE
FOLLOWING:
A. MD-3 GENERATORS
B. MA-1A AIR COMPRESSORS
TENANT WILL:
1. DISPATCH PERSONNEL AND REQUIRED MATERIAL FROM CLARK AB UPON
NOTIFICATION OF AIRCRAFT DIVERTING TO BASA AB TO EFFECT NECESSARY
REPAIRS, TURNAROUND AND LAUNCH SERVICES.
2. PREPOSITION THE FOLLOWING EQUIPMENT AT BASA AIR BASE IN
SUFFICIENT QUANTITIES FOR ANTICIPATED NEEDS.
A. AIR CRAFT GROUNDING WIRES
B, AIRCRAFT CHOCKS
C, AIRCRAFT DOWNLOCKS
3. INSTALL GROUND LOCKS/PINS IN DIVERTED AIRCRAFT.
AIR TRAFFIC CONTROL
HOST AND TENANT WILL:
FOLLOW PROCEDURES FOR THE CONTROL OF VFR/IFR FLIGHTS AT BASA AIR BASE
WILL BE IN ACCORDANCE WITH LETTER OF AGREEMENT BETWEEN 5TH FIGHTER WING,
3D TACTICAL FIGHTER WING, CLARK RAPCON AND CLARK TOWER DATED 1 JULY
1975.
FUEL
HOST WILL:
PROVIDE FUEL AS REQUIRED ON A REIMBURSABLE BASIS.
TENANT WILL:
PROVIDE REFUELING TRUCK TO REFUEL USAF AIRCRAFT. QUANTITIES IN
EXCESS OF USAF TRUCK CAPACITY WILL BE OBTAINED FROM BASA AB ON A
REIMBURSABLE BASIS.
PHILIPPINES 26 NOV 1974 FLITE DOCUMENT NO. 7900093
MEMORANDUM OF UNDERSTANDING EXECUTED 26 NOVEMBER 1974.
MEMORANDUM OF UNDERSTANDING ESTABLISHES SUPPORT COMMITMENTS AND
OPERATING PROCEDURES INVOLVING ALL ASPECTS OF HANDLING AND TRANSFER OF
PHILIPPINE AIR FORCE OWNED JP-4 JET FUEL THROUGH THE SUBIC/CLARK
PIPELINE SYSTEM.
1. PREAMBLE: IN ACCORDANCE WITH ARTICLE II, MILITARY BASES IN THE
PHILIPPINES AGREEMENT DATED MARCH 14, 1947, AND PURSUANT TO PRIOR
CONSULTATION BETWEEN THE GOVERNMENT OF THE REPUBLIC OF THE PHILIPPINES
AND THAT OF THE UNITED STATES OF AMERICA WITH REGARD TO HANDLING AND
TRANSFER OF JP-4 JET FUEL TO BASA AIR BASE, THIS MEMORANDUM IS CONCLUDED
BY THE CHIEF, JOINT U.S. MILITARY ADVISORY GROUP PHILIPPINES
(CHJUSMAGPHIL), THE COMMANDER, 405TH FIGHTER WING (PACAF); THE
COMMANDING OFFICER, U.S. NAVAL SUPPLY DEPOT SUBIC BAY; AND THE
COMMANDING GENERAL, PHILIPPINE AIR FORCE (PAF).
2. PURPOSE: THIS MEMORANDUM ESTABLISHES SUPPORT COMMITMENTS AND
OPERATING PROCEDURES INVOLVING ALL ASPECTS OF HANDLING AND TRANSFER OF
PAF OWNED JP-4 JET FUEL THROUGH THE SUBIC/CLARK PIPELINE SYSTEM.
3. DEFINITION: THE SUBIC/CLARK PIPELINE SYSTEM IS DEFINED AS THE
JP-4 TANK FARM AND RECEIVING FACILITIES AT U.S. NAVAL SUPPLY DEPOT SUBIC
BAY (NSD SUBIC BAY), THE PUMPING STATION LOCATED AT U.S. NAVAL BASE
SUBIC BAY, THE 10-INCH PIPELINE CONNECTING SUBIC AND CLARK, AND THE TANK
FARM AT CLARK AIR BASE.
4. PROCUREMENT OF JP-4 JET FUEL: THE JP-4 TO BE HANDLED UNDER THIS
MEMORANDUM WILL BE PROCURED BY THE PAF. THE FUEL WILL MEET ALL
REQUIREMENTS OF U.S. MILITARY SPECIFICATION MIL-T-5624 AS THE
SPECIFICATION CURRENTLY EXISTS OR AS IT IS AMENDED IN THE FUTURE.
5. PRIOR NOTIFICATION OF SHIPMENT: THE PAF WILL NOTIFY CHJUSMAGPHIL
OF THE PROPOSED TANKER LOADING DATE FOR EACH SHIPMENT OF JP-4 NOT LATER
THAN FIFTEEN (15) DAYS PRIOR TO THE PLANNED SHIPMENT DATE. CHJUSMAG
PHIL WILL NOTIFY CINCPACREP PHIL, NSD SUBIC, 405TH FW AND PQAO PHIL TO
ENSURE A FULLY ACCEPTABLE AND COORDINATED SHIPMENT.
6. QUALITY CONTROL AT THE PROCUREMENT SOURCE: QUALITY AT THE
PROCUREMENT SOURCE OF THE JP-4 TO BE HANDLED UNDER THE MEMORANDUM IS THE
RESPONSIBILITY OF THE PAF. THE DEFENSE FUEL SUPPLY CENTER PROCUREMENT
QUALITY ASSURANCE OFFICE PHILIPPINES (PQAO PHIL) WILL MONITOR THE
MANUFACTURING PROCESS AT THE REFINERY FOR THE U.S. GOVERNMENT IN ORDER
TO ASSURE INTRODUCTION OF FUEL CONFORMING TO MIL-T-5624 (AS AMENDED)
INTO THE SUBIC/CLARK PIPELINE SYSTEM. THE PQAO PHIL HAS THE RIGHT TO
REJECT PRODUCT AT THE REFINERY IF IT DOES NOT CONFORM TO SPECIFICATIONS.
7. TRANSPORTATION TO SUBIC: TRANSPORTATION OF JP-4 TO NSD SUBIC BAY
IS THE RESPONSIBILITY OF THE PAF. THE PQAO PHIL WILL MONITOR THE TANKER
LOADING PROCESS AT THE REFINERY TO ASSURE THAT THE TANKER IS SUITABLE
FOR CARRYING JP-4. THE PQAO PHIL HAS THE RIGHT TO REJECT THE TANKER
PRIOR TO LOADOUT IF, IN THE INSPECTOR'S OPINION, THE TANKER IS NOT
SUITABLE FOR LOADING.
8. TANKER BERTHING AT SUBIC: NSD SUBIC BAY WILL PROVIDE SUITABLE
TANKER BERTHING AT ITS PETROLEUM PIER ON A NOT-TO-INTERFERE BASIS WITH
U.S. NAVY PETROLEUM OPERATIONS IN PROGRESS. HOWEVER, A FULLY
COORDINATED ARRIVAL (THAT IS, AN ARRIVAL AT DATE, TIME, AND PLACE
MUTUALLY AGREED TO BETWEEN THE TWO PARTIES IN ACCORDANCE WITH THE
PROCEDURES OF THIS AGREEMENT) WILL BE HANDLED AS EXPEDITIOUSLY AS
PRACTICABLE IN ORDER TO PROTECT THE PAF AGAINST DEMURRAGE CHARGES.
9. QUALITY INSPECTION AT SUBIC: NSD SUBIC BAY PERSONNEL WILL
INSPECT THE CARGO FOR QUALITY PRIOR TO OFFLOADING, AND MAY REJECT THE
CARGO IF THE REQUIREMENTS OF MIL-T-5624 (AS AMENDED) ARE NOT MET.
10. TRANSFER OF FUEL FROM NSD SUBIC BAY TO CLARK AB: TRANSFER OF
PAF OWNED JP-4 FROM NSD SUBIC BAY TO CLARK AB WILL BE CONDUCTED IN
ACCORDANCE WITH PROCEDURES AGREED UPON SEPARATELY BY NSD SUBIC BAY AND
405TH FIGHTER WING.
11. SUPPLY TO BASA AB: TRANSFER OF PAF OWNED JP-4 FROM CLARK AB TO
BASA AB WILL BE CONDUCTED IN ACCORDANCE WITH THE PROVISIONS OF THE
EXISTING LETTER OF AGREEMENT BETWEEN 405TH FIGHTER WING (USAF) AND 5TH
FIGHTER WING (PAF). THE ENTIRE SHIPMENT WILL BE TRANSFERRED TO BASA AB
FROM THE CLARK SYSTEM WITHIN 48 HOURS OF RECEIPT.
12. DETERMINATION OF QUANTITY: THE U.S. GOVERNMENT AGREES TO
RECEIVE PAF OWNED JP-4 AT NSD SUBIC BAY, TO TRANSFER JP-4 TO CLARK AB
THROUGH THE SUBIC/CLARK PIPELINE, AND THEN TO RE-TRANSFER JP-4 TO BASA
AB THROUGH THE SUBIC/CLARK/BASA PIPELINE. THE QUANTITY RECEIVED AT NSD
SUBIC BAY WILL BE DETERMINED BY THE SHORE TANK GAUGES AS CERTIFIED BY
NSD SUBIC BAY. THE QUANTITY RECEIVED AT NSD SUBIC BAY, LESS HANDLING
LOSSES AS DISCUSSED IN PARAGRAPH 13 OF THIS MEMORANDUM, WILL BE
TRANSFERRED TO CLARK AB, AND THEN TO BASA AB IN ACCORDANCE WITH THE
PROVISIONS OF THE EXISTING LETTER OF AGREEMENT BETWEEN 405TH FIGHTER
WING (USAF) AND 5TH FIGHTER WING (PAF). THE QUANTITY OF JP-4
TRANSFERRED FROM CLARK AB TO BASA AB WILL BE DETERMINED BY THE CLARK AB
TANK GAUGES AS CERTIFIED BY 405TH FIGHTER WING. UPON REQUEST,
CERTIFICATION PROCEDURES WILL BE PROVIDED TO PAF IN WRITING.
13. HANDLING LOSSES: LOSSES ARE INHERENT IN THE HANDLING AND
TRANSFER OF VOLATILE PETROLEUM PRODUCTS SUCH AS JP-4. HANDLING LOSSES
DURING TRANSFER OF PRODUCT FROM SUBIC TO CLARK WILL BE COMPUTED AND
CERTIFIED BY NSD SUBIC BAY. UPON REQUEST, CERTIFICATION PROCEDURES WILL
BE PROVIDED TO PAF IN WRITING. THE TOTAL OF THESE LOSSES WILL BE
SUBTRACTED FROM THE QUANTITY OF PAF OWNED JP-4 IN THE CUSTODY OF THE
U.S. GOVERNMENT.
14. HANDLING CHARGES: THE PAF AGREES TO REIMBURSE THE U.S.
GOVERNMENT FOR THE ACTUAL COST OF HANDLING AND TRANSFER OF JP-4 FUEL
FROM NSD SUBIC BAY TO BASA AB VIA CLARK AB. THE 405TH CSG WILL PROVIDE
A STATEMENT TO CHJUSMAG PHIL WHO WILL FORWARD IT TO PAF DURING JANUARY
AND JULY OF EACH YEAR COVERING THE PREVIOUS SIX MONTHS TRANSFER
OPERATIONS. THE PAF WILL THEN FORWARD TO CHJUSMAG PHIL, NOT LATER THAN
30 DAYS FOLLOWING RECEIPT OF THE STATEMENT, PAYMENT IN THE FORM OF A
CHECK PAYABLE TO THE TREASURER OF THE UNITED STATES. ACTUAL COSTS TO BE
BILLED INCLUDE, BUT ARE NOT LIMITED TO, UTILITY COSTS, QUALITY CONTROL
INSPECTION, LABOR AND MATERIAL COSTS ASSOCIATED WITH RECEIPT AND
TRANSFER OPERATIONS, DURING NORMAL WORKING HOURS. PAF WILL BE CHARGED
IF OVERTIME REQUESTED. UPON RECEIPT OF PAF PAYMENT, JUSMAG WILL FORWARD
SAME TO 405TH COMBAT SUPPORT GROUP ACCOUNTING & FINANCE OFFICE, CLARK
AIR BASE FOR DISTRIBUTION OF FUNDS TO AIR FORCE AND NAVY AS APPROPRIATE.
15. MAXIMUM QUANTITIES TO BE HANDLED: THE QUANTITY OF PAF OWNED
JP-4 TO BE IN U.S. GOVERNMENT CUSTODY AT ANY TIME FOR TRANSFER PURPOSES
WILL NOT EXCEED ULLAGE AVAILABLE AT BASA AB OR 1,260,000 U.S. GALLONS
(30,000 BBL), WHICHEVER IS LESS. THE TOTAL QUANTITY OF JP-4 TO BE
TRANSFERRED TO BASA AB DURING THE TWELVE (12) MONTH PERIOD BEGINNING 1
JULY EACH YEAR WILL NOT EXCEED 4,2000,000 U.S. GALLONS (100,000 BBL).
16. CAPABILITY TO HANDLE AND TRANSFER: CIRCUMSTANCES MAY ARISE IN
WHICH THE SUBIC/CLARK PIPELINE SYSTEM WOULD BE INOPERABLE. THE U.S.
GOVERNMENT AGREES TO EXERT ITS BEST EFFORTS TO MAINTAIN THE CAPABILITY
TO TRANSFER JP-4 TO BASA AB THROUGH THE SUBIC/CLARK PIPELINE SYSTEM;
HOWEVER, IT ASSUMES NO LIABILITY SHOULD DELIVERIES BE INTERRUPTED FOR
SUCH CIRCUMSTANCES. FURTHER, IF FOR ANY REASON BASA AB IS UNABLE TO
ACCEPT JP-4 HELD BY THE U.S. GOVERNMENT, PAF AGREES TO BACKLOAD AS
NECESSARY TO CREATE ULLAGE FOR U.S. GOVERNMENT SCHEDULED RECEIPTS.
17. LIABILITY DURING BERTHING OPERATIONS: VESSELS SHALL BE BROUGHT
TO BERTH BY THE PILOT OR MASTER AS APPROPRIATE AND, DURING ALL BERTHING
AND PILOTING MANEUVERS, BE SUBJECT TO THE REGULATIONS PROMULGATED BY
COMNAVBASE SUBIC BAY AND NAVAL SUPPLY DEPOT, SUBIC BAY REGARDING SAFETY,
ACCESS, SECURITY AND POLLUTION MEASURES. THE PILOT OR MASTER WILL
DIRECT THE BERTHING OPERATION AND BE RESPONSIBLE FOR SAFELY BERTHING THE
VESSEL AND FOR ITS SAFETY WHILE AT BERTH. THE BERTHING OF VESSELS AND
THE BERTHING ACCOMMODATION PROVIDED WILL BE ENTIRELY AT THE RISK OF PAF
OR ITS AGENTS. PAF OR ITS AGENTS WILL NOT INITIATE CLAIMS ACTION
AGAINST THE U.S. GOVERNMENT WITH RESPECT TO ANY DAMAGE, LOSS, OR INJURY
HOWEVER OCCASIONED, EXCEPT WHEN THE SAME IS SUBSEQUENTLY DETERMINED TO
HAVE BEEN CAUSED THROUGH THE NEGLECT OR DEFAULT OF U.S. GOVERNMENT. PAF
ASSUMES FULL RESPONSIBILITY FOR DAMAGES INFLICTED UPON U.S. GOVERNMENT
PROPERTY BY PAF OR ITS AGENTS AND HEREBY AGREES TO FUND REPAIR OR
REPLACEMENT OF SUCH DAMAGED FACILITIES.
18. THIRD PARTY LIABILITY: PAF HEREBY INDEMNIFIES THE U.S. GOVT
AGAINST THIRD PARTY CLAIMS ARISING FROM PAF ASSOCIATED OPERATIONS.
19. NATURAL DISASTER: U.S. GOVERNMENT ASSUMES NO RESPONSIBILITY FOR
PAF FUEL LOST DURING U.S. HANDLING DUE TO NATURAL DISASTER, SUCH AS
PIPELINE WASHOUT.
20. AMENDMENTS AND TERMINATION: EITHER PARTY MAY PROVIDE SUGGESTED
AMENDMENTS TO THE OTHER AT ANY TIME, AND WILL BE SUBJECT TO NEGOTIATION
AND MUTUAL AGREEMENT BEFORE BEING PLACED IN EFFECT. THIS MEMORANDUM MAY
BE TERMINATED BY SIXTY DAY WRITTEN NOTIFICATION BY EITHER PARTY.
21. APPROVAL: THIS MEMORANDUM SHALL ENTER INTO FORCE FOLLOWING
CONCURRENCE BY THE METES AND BOUNDS COMMITTEE OF THE PHILIPPINES-UNITED
STATES MUTUAL DEFENSE BOARD, SUBJECT TO APPROVAL BY THE
PHILIPPINES-UNITED STATES MUTUAL DEFENSE BOARD BY BEING "NOTED" IN THE
OFFICIAL MINUTES OF THE BOARD.
22. DURATION: THIS MEMORANDUM SHALL REMAIN IN FORCE FOR A PERIOD OF
ONE YEAR UNLESS SOONER TERMINATED UNDER THE PROVISIONS OF PARAGRAPH 20
ABOVE. BOTH PARTIES SHALL REVIEW THE MEMORANDUM ANNUALLY IN THE MONTH
OF JUNE. SUBJECT TO THE CONCURRENCE OF BOTH PARTIES, THE TERM MAY BE
EXTENDED ON A YEAR TO YEAR BASIS.
23. IN WITNESS THEREOF, THE UNDERSIGNED, DULY AUTHORIZED TO DO SO,
HAVE SIGNED THIS AGREEMENT THIS 26TH DAY OF NOVEMBER 1974.
CHIEF, JOINT U.S. MILITARY
ADVISORY GROUP PHILIPPINES
CAPTAIN R. N. DREESE
COMMANDING OFFICER, U.S. NAVAL
SUPPLY DEPOT, SUBIC BAY
ALL REFERENCES TO 405 FIGHTER WING (FW) AND 405 COMBAT SUPPORT GROUP
(CSG) ARE DELETED AND REPLACED BY 3 TACTICAL FIGHTER WING AND 3 COMBAT
SUPPORT GROUP RESPECTIVELY.
RTTUZYUW RHMOMAG2507 2640212-UUUU-- RUMMWUB,
ZNR UUUUU
R 200212Z SEP 76
FM CJUSMAG MANILS RP//JPGF-PG//
TO RUMMWUB/CDR U.S. NAVIL SUPPLY DEPOT SUBIC BAY RP/
RUMIAAA/3D TACTICAL FIGHTER WING CLARK AB//LGXS//
RUMJMA/CDR PHILIPPINE AIR FORCE, NICHOLS AB RP//A4//
INFO ZEN/OICC DFSC/QAR (COURIER)
BT
UNCLAS
SUBJ: HANDLING OF JP-4 JET FUEL FOR THE PHILIPPINE AIR FORCE REFA,
MEMORANDUM OF UNDERSTANDING BETWEEN JUSMAG, 405TH FIGHTER (NOW 3D
FIGHTER) WING PACAF, U.S. NAVAL SUPPLY DEPOT, SUBIC BAY AND PHILIPPINE
AIR FORCE.
REF B, CJUSMAG MESSAGE 170245Z AUG 76.
1. PARA 3, REF B INDICATED REF A IS EXTENDED UNTIL 26 NOV 1977
CONTINGENT ON MUTUAL AGREEMENT BETWEEN BOTH PARTIES REGARDING A REVISION
OF PARA 11.
2. BOTH PARTIES HAVE AGREED NOT TO REVISE PARA 11 OF REF A.
3. ACCORDINGLY, REF A IXKEXTEDED FOR THE FOLLOWING PERIODS WITHOUT
REVISION.
(A) 27 . . . 9 75 - 26 NOV 76
PAGE 02 RHMOMAG2507 UNCLAS
(B) 27 NOV 76 - 26 NOV 77
BT
#2507
RTTUZYUW RUMFMAG0229 0260811-EEEE-- RHMOGOA,
ZNY EEEEE
R 260810Z JAN 78
FM CJUSMAG MANILA RP//JPAF-L//
TO RHMOGCA/NSD SUBIC RP//N04020/CODE 52//
RHMOGOA/CINCPACREPPHIL SUBIC BAY RP//N45//
RHMIAAA/3TFW CLARK AB RP//AC/LGX/LGSF//
ZEN/HQ PAF NICHOLS AB RP//A-4//
INFO ZEN/OICC SW PAC MANILA RP//PQAO//
BT
UNCLAS E F T O
SUBJECT: HANDLING OF JP-4 JET FUEL FOR THE PHILIPPINE AIR FORCE
REF: CINCPACREPPHIL/N45/4020/SER 4718 MEMORANDUM OF UNDERSTANDING,
DATED 2 DEC 74
1. THIS OFFICE HAS RECEIVED FORMAL CONCURRENCE FROM HQ PAF TO THE
PROPOSED CHANGE TO PARAGRAPH 14 OF THE BASIC MEMORANDUM. IT IS
REQUESTED THAT ALL ACTION ADDRESSEES CHANGE PARAGRAPH 14 OF THE REF MOU
TO READ AS FOLLOWS: QUOTE - 14, HANDLING CHARGES, THE PHILIPPINE AIR
FORCE (PAF) AGREES TO REIMBURSE THE U.S. GOVERNMENT (USG) FOR THE ACTUAL
COST OF HANDLING AND TRANSFER OF JP-4 FUEL FROM NSD SUBIC BAY TO BASA
AIR BASE VIA CLARK AIR BASE. NSD SUBIC BAY WILL FORWARD A LETTER OF
SUMMARY OF COST
PAGE TWO RUMFMAG0229 UNCLAS E F T O
IT INCURRED IN SUPPORT OF THE RESPECTIVE PREVIOUS QUARTERS PAF
RELATED OPERATIONS TO THE 3TFW, CLARK AIR BASE (LGX), NOT LATER THAN THE
15TH DAY OF JANUARY, APRIL, JULY AND OCTOBER, THE 3TFW CLARK AIR BASE
WILL CONSOLIDATE USG COSTS AND PROVIDE A STATEMENT TO CHIEF, JUSMAG
PHILIPPINES BY THE END OF THE MONTH TO COVER ALL USG COSTS IN SUPPORT OF
THE RESPECTIVE PREVIOUS QUARTERS PAF RELATED OPERATIONS. CHIEF, JUSMAG
PHILIPPINES WILL FORWARD THE STATEMENT TO THE PAF. THE PAF WILL THEN
FORWARD TO CHIEF, JUSMAG PHILIPPINES, NOT LATER THAN 30 DAYS FOLLOWING
RECEIPT OF THE STATEMENT, PAYMENT IN THE FORM OF A CHECK PAYABLE TO THE
TREASURY OF THE UNITED STATES, ACTUAL COSTS TO BE BILLED INCLUDE, BUT
ARE NOT LIMITED TO UTILITY COSTS, QUALITY CONTROL INSPECTION, LABOR AND
MATERIAL COSTS ASSOCIATED WITH RECEIPT AND TRANSFER OPERATIONS DURING
NORMAL WORKING HOURS. PAF WILL BE CHARGED IF OVERTIME IS APPLIED, UPON
RECEIPT OF PAF PAYMENT, CHIEF, JUSMAG PHILIPPINES WILL FORWARD SAME TO
3TFW CLARK AIR BASE (LGX). THE 3TFW, CLARK AIR BASE, WILL REFUND THE
NAVY PORTION, AS IDENTIFIED IN THE ORIGINAL NSD SUBIC BAY LETTER
SUMMARY, TO NSD SUBIC BAY (COMPTROLLER DIVISION CODE 52) ON A SF 1049,
UNQUOTE.
PAGE THREE RUMFMAG0229 UNCLAS E F T O
2. THE FACT THAT ALL PARTIES ARE NOW IN AGREEMENT, THE REF MOU WITH
THE AFOREMENTIONED REVISION IS NOW IN EFFECT FOR THE PERIOD 27 NOVEMBER
1977 - 26 NOVEMBER 1978, ANNUAL REVIEW WILL BE ACCOMPLISHED DURING JUNE
1978 AS HAS BEEN DONE IN PREVIOUS YEARS.
3. THE POINT OF CONTACT FOR THIS OFFICE IS LT COL N. J. SPRAGUE OR
SMSGT R. W. LITTLE, JUSMAG EXT. 704 OR 744.
BT
CHINA, REPUBLIC OF 5 JUN 1978 FLITE DOCUMENT NO. 7900092
MEMORANDUM OF UNDERSTANDING EXECUTED 22 MAY AND 5 JUNE 1978.
MEMORANDUM OF UNDERSTANDING TO ESTABLISH THE USE AND MAINTENANCE OF
BUILDING #631, USAF OWNED AIRCRAFT HANGAR AT CHING CHUAN KANG AIR BASE
FOR SOLE USE BY THE REPUBLIC OF CHINA AIR FORCE. AGREEMENT TERMINATES
TWO (2) YEARS FROM EFFECTIVE DATE.
I. PURSUANT TO ARTICLE III OF THE UNITED STATES AND THE REPUBLIC OF
CHINA STATUS OF FORCES AGREEMENT, ENTERED INTO FORCE 12 APRIL 1966, AND
AFR 11-21 THE FOLLOWING AGREEMENT IS ENTERED INTO BY REPRESENTATIVES OF
THE UNITED STATES AIR FORCE (USAF) AND THE REPUBLIC OF CHINA AIR FORCE
(ROCAF).
II. THE PURPOSE OF THIS AGREEMENT IS TO ESTABLISH THE USE AND
MAINTENANCE OF BUILDING 631, USAF OWNED AIRCRAFT HANGAR (HEREINAFTER
REFERRED TO AS HANGAR ONE) AT CHING CHUAN KANG AIR BASE FOR SOLE USE BY
THE ROCAF FOR THEIR AIR FORCE ONE AND TO ALIGN ELECTRICAL POWER
RESPONSIBILITIES AND PAYMENTS.
III. A JOINT COMMITTEE CONSISTING OF THE 6217ABS COMMANDER, RESOURCE
MANAGER AND CHIEF OF LOGISTICS AND THE 3ABG COMMANDER, CHIEF OF
LOGISTICS AND LIAISON OFFICER WILL COORDINATE ROCAF AND USAF
RESPONSIBILITIES UNDER THE TERMS AND CONDITIONS OF THIS AGREEMENT. THE
COMMITTEE CHAIRMAN WILL BE THE 6217ABS COMMANDER. THIS COMMITTEE WILL
MAINTAIN CLOSE INTERACTION TO ENSURE THAT THE SPIRIT AND INTENT OF THIS
AGREEMENT ARE MAINTAINED AND TO RESOLVE PROBLEMS. PROBLEMS BEYOND THE
COMMITTEE'S CAPABILITY TO RESOLVE WILL BE FORWARDED TO THE RESPECTIVE
HIGHER HEADQUARTERS FOR RESOLUTION. MEETINGS WILL BE HELD SEMI-ANNUALLY
(DURING JUNE AND DECEMBER) IN THE 6217ABS CONFERENCE ROOM IN BUILDING
662. ADDITIONAL MEETINGS WILL BE HELD, AS REQUIRED, TO RESOLVE
IMMEDIATE PROBLEMS.
IV. THE USAF WILL, AT ITS SOLE EXPENSE:
1. PROVIDE THE ROCAF UNRESTRICTED ACCESS TO HANGAR ONE.
2. INITIATE A PERMIT, FOR A PERIOD OF ONE YEAR FOR THE USE OF HANGAR
ONE WITH THE ROCAF.
3. FURNISH THE ROCAF WITH ALL REQUIRED SCHEMATIC DRAWINGS AND/OR
LAYOUTS OF HANGAR ONE.
4. APPROVE/DISAPPROVE PROPOSED ROCAF MODIFICATIONS TO HANGAR ONE.
5. PROVIDE ELECTRICAL POWER TO THOSE ROCAF FACILITIES PRESENTLY
BEING SERVICED BY ELECTRICAL FEEDERS ONE, FOUR AND FIVE.
6. PROCURE ELECTRICAL METERS FOR ELECTRICAL POWER FEEDERS TWO AND
THREE.
7. PROVIDE OVERHEAD PRIMARY ELECTRICAL DISTRIBUTION LINES AND POLES,
THAT ARE ALREADY IN PLACE, AND MAINTAIN SAME TO USAF STANDARDS.
8. IN THE EVENT OF SYSTEM FAILURE TO ELECTRICAL FEEDERS TWO AND/OR
THREE, ASSIST THE ROCAF TO TIE THESE FEEDERS INTO ELECTRICAL FEEDERS
ONE, FOUR AND/OR FIVE UNTIL EMERGENCY REPAIRS ARE MADE.
9. IN THE EVENT OF SYSTEM FAILURE TO ELECTRICAL FEEDERS ONE, FOUR OR
FIVE, TIE THESE FEEDERS INTO ELECTRICAL FEEDERS TWO AND/OR THREE UNTIL
EMERGENCY REPAIRS ARE MADE.
V. THE ROCAF WILL, AT ITS SOLE EXPENSE:
1. OBTAIN PRIOR APPROVAL OF THE USAF FOR ALL PROPOSED MODIFICATIONS
TO HANGAR ONE.
2. PROVIDE COPIES OF ALL MODIFICATIONS TO HANGAR ONE TO THE USAF FOR
INCLUSION IN SCHEMATIC DRAWINGS AND/OR LAYOUTS.
3. MAINTAIN HANGAR ONE TO USAF STANDARDS.
4. ACCEPT TRANSFER OF AND RESPONSIBILITY FOR PAYMENT OF ELECTRICAL
FEEDERS TWO AND THREE EFFECTIVE 1 JULY 1978.
5. PROVIDE ELECTRICAL POWER TO THOSE USAF FACILITIES PRESENTLY BEING
SERVICED BY ELECTRICAL FEEDERS TWO AND THREE.
6. MAINTAIN TRANSFORMERS AND SECONDARY ELECTRICAL DISTRIBUTION LINES
SERVICING ROCAF FACILITIES.
7. IN THE EVENT OF SYSTEM FAILURE TO ELECTRICAL FEEDERS ONE, FOUR
AND/OR FIVE, ASSIST THE USAF TO TIE THESE FEEDERS INTO ELECTRICAL
FEEDERS TWO AND/OR THREE UNTIL EMERGENCY REPAIRS ARE MADE.
8. IN THE EVENT OF SYSTEM FAILURE TO ELECTRICAL FEEDERS TWO AND/OR
THREE, TIE THESE FEEDERS INTO ELECTRICAL FEEDERS ONE, FOUR AND/OR FIVE
UNTIL EMERGENCY REPAIRS ARE MADE.
9. PROVIDE ALL REQUIRED SECURITY FOR HANGAR ONE.
10. RESTRICT USAF PERSONNEL ONLY FROM THE AREA REFLECTED ON THE
ATTACHED DRAWING.
11. MAINTAIN VEGETATION CONTROL WITHIN THE RESTRICTED AREA.
12. IMMEDIATELY RETURN HANGAR ONE TO THE USAF UPON IMPLEMENTATION OF
THE ROCHESTER PLAN OR ANY OTHER CONTINGENCY.
VI. HANGAR ONE WILL AT ALL TIMES REMAIN THE PROPERTY OF THE USAF AND
THE USAF WILL HAVE THE RIGHT OF ACCESS THERETO. AS HANGAR ONE WILL BE A
ROCAF HIGH SECURITY AREA THE USAF WILL MAKE PRIOR COORDINATION WITH THE
ROCAF FOR APPROVAL TO ENTER THE HANGAR. HANGAR ONE SHALL NOT BE
CONSIDERED TO BE SET ASIDE OR RESERVED FOR ANY USE EXCEPT AS PERMITTED
HEREUNDER. CLAIMS FOR LOSS OR DAMAGE TO HANGAR ONE WILL BE CONTROLLED
BY ARTICLE XV, STATUS OF FORCES AGREEMENT.
VII. CLAIMS ARISING FROM THE USE AND/OR MAINTENANCE OF HANGAR ONE
WILL BE CONTROLLED BY ARTICLE XV, STATUS OF FORCES AGREEMENT.
VIII. THIS MEMORANDUM OF UNDERSTANDING WILL BE BILINGUAL (CHINESE
AND ENGLISH), AND IN THE EVENT OF A CONFLICT BETWEEN THE CHINESE AND
ENGLISH VERSION, THE ENGLISH VERSION WILL GOVERN. OTHER CONFLICTS WILL
BE RESOLVED BY THE JOINT COMMITTEE PROVIDED FOR IN III ABOVE.
IX. REVISION OR MODIFICATION OF THIS MEMORANDUM OF UNDERSTANDING MAY
BE ACCOMPLISHED BY MUTUAL CONSENT OF BOTH PARTIES CONCERNED. THIS
MEMORANDUM WILL BE REVIEWED ANNUALLY. THE REVIEW WILL BEGIN 90 DAYS
PRIOR TO THE ANNIVERSARY DATE OF THE AGREEMENT. UNLESS REVISIONS ARE
MADE, THE COMPLETED REVIEW MAY BE CERTIFIED BY THE CHAIRMAN OF THE JOINT
COMMITTEE.
X. THIS AGREEMENT SHALL BE EFFECTIVE UPON THE DATE OF THE SIGNATURE
OF THE APPROPRIATE REPRESENTATIVES OF THE REPUBLIC OF CHINA AND THE
UNITED STATES GOVERNMENT HAVE BEEN AFFIXED HEREUNTO. THIS AGREEMENT
WILL TERMINATE TWO YEARS FROM THE EFFECTIVE DATE. HOWEVER, THIS
AGREEMENT MAY BE CANCELLED AT ANY TIME BY MUTUAL CONSENT OF THE PARTIES
AND IT MAY BE CANCELLED BY EITHER PARTY UPON GIVING AT LEAST 90 DAYS
WRITTEN NOTICE TO THE OTHER PARTY.
FAN, SZE-YU
COLONEL, CAF
COMMANDER, 3RD ABGP
DATE MAY 22, 1978
ATTACHMENT 1 BETWEEN 6217 & CAF CONCERNING HANGAR ONE & UTILITIES
(ATTACHMENT OMITTED)
OSD GENERAL COUNSEL. . . . . . . . . . . . . . . . . . . . . . .3
THE PENTAGON
WASHINGTON DC 20301
ASSISTANT SECRETARY OF DEFENSE. . . . . . . . . . . . . . . . . 1
(INTERNATIONAL SECURITY AFFAIRS)
THE PENTAGON
WASHINGTON DC 20301
SECRETARY OF THE AIR FORCE ASSISTANT GENERAL COUNSEL. . . . . . 1
(INTERNATIONAL MATTERS AND CIVIL AVIATION)
THE PENTAGON
WASHINGTON DC 20301
HQ USAF/JACI. . . . . . . . . . . . . . . . . . . . . . . . . . 1
HQ USAF/XOXXI . . . . . . . . . . . . . . . . . . . . . . . . . 1
6217ABS/CC. . . . . . . . . . . . . . . . . . . . . . . . . . . 5
CINCPAC/J4 . . . . . . . . . . . . . . . . . . . . . . . . 1
PACAF/LGXP. . . . . . . . . . . . . . . . . . . . . . . . . . . 2
13AF/LGX. . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
COMUSTDC/J12. . . . . . . . . . . . . . . . . . . . . . . . . . 1
COMUSTDC/J7 . . . . . . . . . . . . . . . . . . . . . . . . . . 7
427TH TFW (CAF)/CC. . . . . . . . . . . . . . . . . . . . . . . 5
CHINA, REPUBLIC OF 20 OCT 1975 FLITE DOCUMENT NO. 7900091
HOST-TENANT AGREEMENT EXECUTED 20 OCTOBER 1975.
AGREEMENT TO ACHIEVE AN ECONOMICAL AND HARMONIOUS LOGISTIC SUPPORT
BETWEEN THE U.S. AND ROC UNITS LOCATED WITHIN THE GEOGRAPHICAL LOCATION
OF 1ST CRC, SUNG SHAN MOUNTAIN, REPUBLIC OF CHINA. THIS AGREEMENT
SUPERSEDES ALL PREVIOUS AGREEMENTS BETWEEN 1ST CONTROL REPORT CENTER,
SUNG SHAN AND THE U.S. ARMY COMMUNICATIONS COMMAND, TAIWAN.
THIS AGREEMENT BETWEEN THE 1ST CRC AND THE UNITED STATES ARMY IS
EFFECTIVE ON THE DATE IT IS SIGNED BY THE APPROVING AUTHORITY.
AUTHORITY TO EXECUTE THIS AGREEMENT ON BEHALF OF THE 1ST CRC IS THE 1ST
CRC COMMANDING OFFICER AND ON BEHALF OF THE UNITED STATES ARMY; THE
COMMANDING OFFICER, UNITED STATES ARMY COMMUNICATIONS COMMAND, TAIWAN.
1. OBJECTIVE. THE OBJECTIVE OF THIS AGREEMENT IS TO ACHIEVE AN
ECONOMICAL AND HARMONIOUS LOGISTIC SUPPORT BETWEEN U.S. AND ROC UNITS
LOCATED WITHIN THE GEOGRAPHICAL LOCATION OF 1ST CRC, SUNG SHAN MOUNTAIN,
ROC.
2. EXPLANATION OF TERMS.
A. HOST. THE COMMANDING OFFICER, 1ST CRC SUNG SHAN, WILL HEREAFTER
BE REFERRED TO AS HOST.
B. TENANT. THE COMMANDER, U.S. ARMY COMMUNICATIONS COMMAND, TAIWAN,
APO 96263, WILL HEREAFTER BE REFERRED TO AS TENANT.
3. PROVISION.
A. ONE (1) MICROWAVE/MULTIPLEX RADIO CONFIGURATION IN SUPPORT OF
COMMAND AND CONTROL REPORTING CENTER OF THE ROC AIR DEFENSE SYSTEM,
327TH AF ALERTING NETWORK FOR SUNG SHAN.
B. TWO (2) MICROWAVE RADIO TERMINALS IN SUPPORT OF THE IJCS-PAC
BACKBONE SYSTEM.
4. THE HOST AND TENANT HEREBY AGREE THAT:
A. THE HOST WILL PROVIDE SUFFICIENT FLOOR SPACE INSIDE AN ADEQUATE
BUILDING FOR THE OPERATION AND MAINTENANCE OF THE EQUIPMENT MENTIONED
ABOVE.
B. HOST WILL PROVIDE ADEQUATE ROOF AND/OR GROUND SPACE FOR THE
REQUIRED ANTENNAS AND GUY WIRES.
C. TENANT WILL INSURE THAT ANY ANTENNAS OR GUY WIRES WILL MEET WITH
EXISTING SAFETY REGULATIONS.
D. TENANT WILL PROVIDE GENERAL SUPPORT MAINTENANCE AND REPAIR PARTS
FOR ALL EQUIPMENT PROVIDED.
E. HOST WILL PROVIDE NORMAL AND STANDBY ELECTRICAL POWER.
F. TENANT WILL COMPLY WITH EXISTING FIRE REGULATIONS AND PRACTICE
GOOD SAFETY HABITS AS DIRECTED BY CDR, 1ST CRC.
G. HOST WILL PROVIDE FIRE LIGHTING EQUIPMENT AND PERSONNEL WITHIN
NORMAL CAPABILITIES.
H. TENANT WILL COMPLY WITH SECURITY REQUIREMENTS ESTABLISHED BY CDR,
1ST CRC. THEY WILL PROVIDE A LIST OF PERSONNEL AUTHORIZED ACCESS TO THE
USACC SUNG SHAN FACILITY AND COORDINATE ANY CHANGES THROUGH THE LIAISON
OFFICE, 1ST CRC, SUNG SHAN.
I. HOST WILL INSURE, WITHIN NORMAL CAPABILITIES, THAT ONLY AUTHORIZED
PERSONNEL ARE ALLOWED ACCESS TO THE USACC FACILITY.
J. IN THE EVENT OF A CHANGE IN MISSION USACC SHALL HAVE THE OPTION OF
ABANDONING IN PLACE, IN USEABLE CONDITION, SUCH ITEMS AS PRE-INSTALLED
POWER PANELS, CABLE RACKS ETC.
K. UPON THE REMOVAL OF SAID EQUIPMENT THE TENANT WILL RESTORE THE
OCCUPIED BUILDING AND GROUNDS TO THEIR ORIGINAL CONDITION AND IN SUCH A
MANNER AS NOT TO HAVE A DELETERIOUS EFFECT ON OPERATIONAL ACTIVITIES OR
THE UTILITY OR APPEARANCE OF THE BUILDING OR GROUNDS USED.
5. THIS AGREEMENT IS SUBJECT TO REVIEW.
A. IN SEPTEMBER OF EACH YEAR.
B. WHEN THE HOST OR TENANT HAS A CHANGE OF MISSION NECESSITATING A
CHANGE IN HOST OR TENANT AGREEMENT.
C. AT ANY TIME UPON THE WRITTEN REQUEST OF EITHER PARTY.
6. THIS AGREEMENT IS CHANGED OR TERMINATED: WITH THE WRITTEN NUTUAL
CONSENT OF BOTH PARTIES CONCERNED.
7. THIS AGREEMENT SUPERSEDES ALL PREVIOUS AGREEMENTS BETWEEN THE 1ST
CONTROL REPORT CENTER SUNG SHAN AND THE U.S. ARMY COMMUNICATIONS
COMMAND, TAIWAN.
1ST CONTROL REPORT CENTER
SUNG SHAN MOUNTAIN, TAIWAN
REPUBLIC OF CHINA
ON THIS 19TH DAY OF MAY 1978, AT TAIPEI, TAIWAN, REPUBLIC OF CHINE, I
HEREBY CERTIFY THAT I HAVE COMPARED THIS DOCUMENT WITH A COPY, AND THAT
THIS DOCUMENT IS A TRUE AND COMPLETE COPY THEREOF.
RAUL E. MORA
CPT. JAGC (MAP OMITTED)
SINGAPORE, REPUBLIC OF 18 NOV 1977 FLITE DOCUMENT NO. 7900090
EXCHANGE OF LETTERS EXECUTED 27 OCTOBER AND 18 NOVEMBER 1977.
AGREEMENT FOR THE PURPOSE OF PROVIDING AIR TERMINAL SERVICE TO
DEPARTMENT OF DEFENSE AIRCRAFT TRANSITING SINGAPORE THROUGH TENGAH AIR
BASE. PROVIDES FOR THE CONTINUATION OF THESE SERVICES DURING THE PERIOD
1 NOVEMBER 1977 TO 30 SEPTEMBER 1978.
GROUP CAPTAIN B.C.A. FOX,
HEAD, AIR LOGISTICS DEPARTMENT,
HEADQUARTERS, REPUBLIC OF SINGAPORE AIR FORCE,
MINISTRY OF DEFENCE,
TANGLIN, SINGAPORE 10.
DEAR GROUP CAPTAIN FOX:
THIS COMMUNICATION REPLIES TO YOUR LETTER NR. 108-3/202-2-1 OF 3
AUGUST 1977 AND AMPLIFIES SUBSEQUENT DISCUSSIONS ON U.S. NAVY OFFICE
ACCOMODATION AT TENGAH AIR BASE.
SINCE NOVEMBER 1975, THE GOVERNMENT OF SINGAPORE MINISTRY OF FOREIGN
AFFAIRS HAS NORMALLY DESIGNATED TENGAH AIR BASE AS THE LANDING SITE FOR
U.S. DEPARTMENT OF DEFENSE AIRCRAFT TRANSITING SINGAPORE. THE REPUBLIC
OF SINGAPORE AIR FORCE HAS GRACIOUSLY PROVIDED CERTAIN FACILITIES WHICH
HAVE ASSURED SAFE AND EXPEDITIOUS HANDLING OF AIRCRAFT, PASSENGERS AND
CARGO. YOUR AGREEMENT TO THE CONTINUATION OF THESE SERVICES DURING THE
PERIOD 1 NOVEMBER 1977 TO 30 SEPTEMBER 1978 IS REQUESTED. AS THE
PRINCIPALS DIRECTLY INVOLVED, SPECIFIC UNDERTAKINGS ON THE PART OF
COMMANDER, TENGAH AIR BASE AND U.S. NAVY OFFICE, SINGAPORE ARE PROPOSED
AS FOLLOWS:
COMMANDER, TENGAH AIR BASE WILL PROVIDE, IN ACCORDANCE WITH
DIPLOMATIC CLEARANCE FROM THE
MINISTRY OF FOREIGN AFFAIRS AND EXISTING RSAF SECURITY DIRECTIVES,
ACCESS TO THE BASE FOR
U.S. DOD AIRCRAFT AND AIRCREWS, U.S. NAVY OFFICE EMPLOYEES, U.S. DOD
PASSENGERS, U.S. OFFICIAL
PERSONNEL MEETING VIPS, CONTRACTOR MATERIAL HANDLING EMPLOYEES, AND
CONTRACTOR MAINTENANCE
PERSONNEL. ACCESS OF THESE PERSONNEL AND ASSOCIATED VEHICLES WILL BE
GRANTED ONLY FOR THE
PERIOD NECESSARY TO PROVIDE OR RECEIVE AIRCRAFT, PASSENGERS, AND
CARGO SERVICES. THE
U.S. NAVY OFFICE WILL PROVIDE LISTS OF PERSONNEL REGULARLY REQUIRING
PASSES, PASSENGER
MANIFESTS, NAMES OF CONTRACTORS, NAMES OF PERSONS GREETING VIPS, AND
WILL ASSIST IN THE
ORDERLY MARSHALLING OF CONTRACTORS SO THAT THE WORKLOAD IMPOSED ON
RSAF SECURITY PERSONNEL IS
MINIMIZED.
COMMANDER, TENGAH AIR BASE WILL PERMIT ARRIVING AND DEPARTING
PASSENGERS TO PROCEED THROUGH
THE REGULAR PASSENGER PROCESSING FACILITIES AND PROCEDURES AT TENGAH
AIR BASE, INCLUDING
CUSTOMS AND IMMIGRATION. AS PREVIOUSLY AGREED WITH THE GOVERNMENT OF
SINGAPORE DEPARTMENT OF
IMMIGRATION, SOCIAL VISIT PASSES ARE ISSUED TO PERSONNEL WITH U.S.
DEPARTMENT OF DEFENSE
IDENTIFICATION CARDS AND ORDERS OR LEAVE PAPERS. THE U.S. NAVY
OFFICE WILL PROVIDE AN
EMPLOYEE TO BRIEF AND DIRECT PASSENGERS THROUGH TERMINAL PROCESSING,
CERTIFY PASSENGERS TO
BOARD U.A. AIRCRAFT, AND PROVIDE MANIFESTS FOR CUSTOMS AND
IMMIGRATION, THE U.S. NAVY OFFICE
WILL ALSO PROVIDE A CONTRACT EMPLOYEE TO ASSIST IN CLEANING THE
PASSENGER LOUNGE TWO
AFTERNOONS PER WEEK.
COMMANDER, TENGAH AIR BASE WILL PROVIDE A SMALL OFFICE SPACE FOR USE
BY U.S. NAVY OFFICE
PERSONNEL PROCESSING PASSENGERS AND CARGO. COVERED STORAGE FOR
CARGO, MATERIAL HANDLING
EQUIPMENT, AND EMERGENCY MAINTENANCE SPARES, TOTALLING ABOUT 700
SQUARE FEET, WILL CONTINUE TO
BE PROVIDED. THE U.S. NAVY OFFICE WILL PAY ALL TELECOMMUNICATIONS
AUTHORITY OF SINGAPORE
CHARGES FOR A TELEPHONE INSTALLED IN THE SMALL OFFICE SPACE AND WILL
BE RESPONSIBLE FOR THE
CLEANLINESS AND GOOD ORDER OF THE OFFICE AND STORAGE SPACES. THE
U.S. NAVY OFFICE, SINGAPORE
WILL ALSO PROVIDE OR ARRANGE FOR ALL REQUIRED MATERIAL HANDLING,
ENGINEERING AND TURN-AROUND
SERVICES, AND ASSUME RESPONSIBILITY FOR CUSTODY OF U.S. GOVERNMENT
CARGO, EQUIPMENT AND SPARES
STORED AT TENGAH AIR BASE.
BETWEEN 1 SEPTEMBER AND 30 SEPTEMBER 1978, THE FOREGOING ARRANGEMENTS
WILL BE REVIEWED,
WITH ANY MODIFICATION REFLECTED BY AN EXCHANGE OF LETTERS PRIOR TO 1
OCTOBER 1978.
THE FOREGOING PROPOSAL IS CONCURRED IN BY THE U.S. DEFENSE ATTACHE,
AMERICAN EMBASSY, SINGAPORE.
IF THESE UNDERTAKINGS MEET WITH YOUR APPROVAL, A RETURN LETTER
INDICATING YOUR ASSENT WOULD BE GREATLY APPRECIATED;
COPY TO:
U.S. DEFENSE ATTACHE, AMERICAN EMBASSY, SINGAPORE
COMMANDER, TENGAH AIR BASE, SINGAPORE 24
TELEPHONE 637744 EXT 2365
TELEGRAPHIC ADDRESS:
"SINGDEF, SINGAPORE"
IT IS REQUESTED THAT THE FOLLOWING
NUMBER BE QUOTED IN THE REPLY
TO THIS LETTER.
NO. 108-3/202-2-1
MR. R MATZNER
COMMANDER, US NAVY
OFFICER IN CHARGE
DEPARTMENT OF THE NAVY
UNITED STATES NAVY OFFICE
3215 INTERNATIONAL PLAZA
10 ANSON ROAD
SINGAPORE 2
DEAR MR. MATZNER,
USE OF FACILITIES AT TENGAH AIR BASE
THANK YOU FOR YOUR LETTER USNO: 10: A SER 449 DATED 27 OCTOBER 77.
2. IT IS ADVISED THAT HQ RSAF AGREES TO THE CONTINUATION OF THE
SERVICES PROVIDED AT TENGAH AIR BASE FOR THE US DEPARTMENT OF DEFENCE
AIRCRAFT TRANSITING SINGAPORE DURING THE PERIOD 1 NOVEMBER 1977 TO 30
SEPTEMBER 1978. THE TERMS OF THE USE OF FACILITIES AND SERVICES
PROPOSED IN YOUR REFERENCED LETTER ARE ACCEPTABLE TO THIS HEADQUARTERS.
3. IT IS FURTHER AGREED THAT THE ARRANGEMENTS WILL BE REVIEWED
BETWEEN 1 SEPTEMBER AND 30 SEPTEMBER 1978.
YOURS FAITHFULLY,
B. C. A. FOX
GROUP CAPTAIN
HEAD, AIR LOGISTICS DEPT
C.C.
US DEFENCE ATTACHE
AMERICAN EMBASSY
30 HILL STREET
SINGAPORE 6
CHINA, REPUBLIC OF 3 OCT 1977 FLITE DOCUMENT NO. 7900089
AGREEMENT EXECUTED 3 OCTOBER 1977;
AGREEMENT BETWEEN THE GOVERNMENT OF THE UNITED STATES AND THE
REPUBLIC OF CHINA ON JOINT USAF/CAF POL HANDLING OPERATIONS. THIS
AGREEMENT OF 3 OCTOBER 1977 SUPERSEDES THE AGREEMENT OF 9 DECEMBER 1970,
AS AMENDED.
1. THIS AGREEMENT IS MADE PURSUANT TO THE STATUS OF FORCES AGREEMENT
BETWEEN THE GOVERNMENTS OF THE UNITED STATES OF AMERICA AND REPUBLIC OF
CHINA WHICH CONTROLS AND LIMITS THE INTERPRETATION OF THE PROVISIONS
CONTAINED HEREIN.
2. FOR PURPOSES OF THIS AGREEMENT THE FOLLOWING DEFINITIONS SHALL
APPLY:
A. U.S. STATUS OF FORCES AIRCRAFT SHALL BE DEFINED AS ALL U.S.
MILITARY AIRCRAFT EXCEPT THOSE ASSIGNED TO MAAG CHINA, U.S. DIPLOMATIC
MISSIONS, AND THOSE EXCEPTED IN PARAGRAPH 9 BELOW.
B. U.S. STATUS OF FORCES, EQUIPMENT SHALL BE DEFINED AS ALL U.S.
MILITARY POL TANKAGE, FACILITIES, PIPELINE SYSTEMS, VEHICLES AND
ASSOCIATED EQUIPMENT ENTIRELY WITHIN THE CONTROL OF THE U.S.
C. THE CAF PIPELINE SYSTEM SHALL BE DEFINED AS THE MAIN TRUNK
PIPELINE, ALL BRANCH LINES, TANK FARM AND TERMINAL STORAGE, PORT
DISCHARGE FACILITIES AND OTHER FACILITIES AND EQUIPMENT THAT ARE USED
FOR ISLAND-WIDE DISTRIBUTION OF BULK PETROLEUM PRODUCTS. THE CAF
PIPELINE SYSTEM DOES NOT INCLUDE USAF FACILITIES AT CHING CHAUN KANG AIR
BASE (HEREINAFTER CALLED CCK) CONSISTING OF THE BOOSTER PUMP STATION,
TANK FARMS, HYDRANT REFUELING SYSTEMS AND CONNECTING PIPELINES WHICH
CONSTITUTE U.S. STATUS OF FORCES EQUIPMENT.
D. THE USAF/CAF PIPELINE INTERCONNECT SHALL BE DEFINED AS THE POINT
OF ENTRY INTO USAF STORAGE FOR ALL BULK PIPELINE TRANSFERS FROM CAF
PIPELINE SYSTEM.
3. THE CAF SHALL ALLOCATE 13,431,000 GALLONS (319,786 BARRELS) OF
CAF JP-4 STORAGE CAPACITY AND 431,000 GALLONS (10,262 BARRELS) OF CAF
115/145 RESPECTIVELY. USAF OWNED PRODUCT IN THE CAF STORAGE SYSTEM
SHALL BE COMMINGLED WITH CAF PRODUCT AS PART OF THE OVERALL INVENTORY.
USAF OWNED PRODUCT SHALL BE CORRECTED TO 60 DEGREES F WITH QUANTITY AND
QUALITY SURVEILLANCE TO BE ACCOMPLISHED BY THE CAF. THE CAF SHALL
MAINTAIN INVIOLATE MINIMUM LEVELS OF USAF OWNED FUEL AT THE FOLLOWING
LOCATIONS:
BATUE 300,000 GALLONS JP-4 CCK 1,482,000 " " CHIAYI 300,000 " "
TAINAN 300,000
" " TAINAN 150,000 " 115/145
4. THE CAF SHALL PROVIDE THE FOLLOWING AVIATION FUEL DELIVERY
THROUGH THE CAF PIPELINE SYSTEM TO THE USAF:
A. UP TO 200,000 GALLONS 115/145 PER MONTH FOR NORMAL REPLENISHMENT.
B. UP TO 8,000,000 GALLONS JP-4 PER MONTH FOR NORMAL REPLENISHMENT.
C. UP TO 16,000,000 GALLONS JP-4 PER MONTH FOR SHORT EMERGENCY
PERIODS AS REQUIRED BY THE U.S.
D. THE SUB-AREA PETROLEUM OFFICE, TAIWAN (HEREINAFTER CALLED SAPOT),
IN COORDINATION WITH CAF, WILL ESTABLISH REQUIREMENTS AND DESIRED
DELIVERY PERIODS FOR THE UPCOMING MONTH.
5. THE U.S. SHALL PROVIDE RESUPPLY OF JP-4 AND 115/145 INTO THE CAF
PIPELINE SYSTEM. THE RESUPPLY INPUT QUANTITY WILL NORMALLY BE EQUAL TO
THE QUANTITY WITHDRAWN. RESUPPLY SHOULD BE IN TANKER LOADS OF 100,000
TO 200,000 BARRELS (4,200,000 TO 8,400,000 GALLONS) PER RESUPPLY
MISSION. DELIVERY METHOD AND POINT OF INPUT INTO THE CAF PIPELINE
SYSTEM WILL BE DETERMINED AND ARRANGED BY THE SAPOT IN COORDINATION WITH
CAF. SAPOT WILL NOTIFY CAF AS TO SCHEDULES SHOWING TANKER ARRIVALS AND
ANY CHANGES THAT MAY OCCUR TO THE PUBLISHED SCHEDULES.
6. IN EVENT OF BAD WEATHER, POL HANDLING SYSTEM MALFUNCTION OR
BREAKDOWN OR OTHER EMERGENCY PREVENTING DISCHARGE OF U.S. TANKERS, THE
CAF SHALL BE ALTERED IMMEDIATELY AND ADVISED OF EMERGENCY PIPELINE
TRANSFER REQUIREMENTS. WHENEVER POSSIBLE, THE CAF WILL BE ADVISED OF
PENDING EMERGENCIES TEN OR MORE DAYS PRIOR TO TIME PIPELINE TRANSFER IS
REQUIRED. WHENEVER TIME PERMITS EMERGENCY PIPELINE TRANSFER
REQUIREMENTS WILL BE CONFIRMED AT LEAST FIVE DAYS PRIOR TO ACTUAL
PUMPING. ALL PIPELINE TRANSFERS INTO U.S. STORAGE WILL BE COORDINATED
WITH SAPOT PRIOR TO CONFIRMATION.
7. PILOT FEES INVOLVING LOADING AND UNLOADING OF U.S. TANKERS AT
TAIWAN PORTS SHALL BE PAID BY THE APPROPRIATE AGENCIES OF THE U.S. AND
GROC IN ACCORDANCE WITH EXISTING AGREEMENTS. THE GROC, HOWEVER, SHALL
BE RESPONSIBLE FOR ALL PORT CHARGES INVOLVING LOADING AND UNLOADING OF
U.S. TANKERS AT TAIWAN PORTS WHEN THE CARGO OR ANY PORTION THEREOF IS TO
MEET THE REQUIREMENT OF GROC FOR INPUT INTO CAF STORAGE.
8. THE USAF SHALL PAY TO THE CAF, IN FUEL RATHER THAN DOLLARS, FOR
HANDLING AND STORAGE OF U.S. OWNED FUEL IN THE CAF SYSTEM FOR SUPPORT OF
U.S. STATUS OF FORCES AIRCRAFT AND EQUIPMENT ACCORDING TO THE FOLLOWING
TERMS:
A. FOR U.S. OWNED JP-4 STORED IN THE CAF SYSTEM: 0.5% SURCHARGE TO
BE PAID ONCE EACH MONTH BASED ON THE JP-4 ENDING BALANCE AS REFLECTED IN
PREVIOUS MONTHS USAF FUEL STATEMENT. CAF WILL PREPARE THE USAF FUELS
STATEMENT IN ACCORDANCE WITH PARAGRAPH 11 BELOW.
B. FOR ALL U.S. OWNED 115/145 STORED IN THE CAF SYSTEM: 0.5%
SURCHARGE, TO BE PAID ONCE EACH MONTH BASED ON THE 115/145 ENDING
BALANCE AS REFLECTED IN THE PREVIOUS MONTH'S USAF FUELS STATEMENT
PREPARED BY THE CAF IN ACCORDANCE WITH PARAGRAPH 11 BELOW.
C. FOR ALL U.S. OWNED FUEL INPUT INTO THE CAF SYSTEM: 0.5%
SURCHARGE, TO BE PAID UPON EACH FUEL INPUT BASED ON MEASURED QUANTITY
CORRECTED TO 60 DEGREES F AS REFLECTED ON THE DD FORM 250 SERIES REPORT.
THIS SURCHARGE IS TO COVER PORT HANDLING AND INPUT FEES.
D. FOR ALL U.S. OWNED FUEL DELIVERED INTO U.S. OWNED EQUIPMENT AND
STORAGE TANKS BY CAF OWNED OR OPERATED PIPELINE, TANK CARS, OR TANK
TRUCKS: 1.0% SURCHARGE, TO BE PAID UPON EACH DELIVERY BASED ON MEASURED
QUANTITY OF FUEL DELIVERED CORRECTED TO 60 DEGREES F. THIS SURCHARGE IS
TO COVER TRANSPORTATION AND HANDLING FEES.
E. FOR ALL U.S. OWNED FUEL ISSUED INTO U.S. STATUS OF FORCES AIRCRAFT
BY CAF OWNED EQUIPMENT: 3.5% SURCHARGE, TO BE PAID UPON EACH ISSUE
BASED ON METERED QUANTITY OF FUEL ISSUED AT AMBIENT TEMPERATURE. THIS
SURCHARGE IS TO COVER TRANSPORTATION AND SERVICING FEES.
9. NO SURCHARGES UNDER THIS AGREEMENT SHALL BE INCURRED INCIDENT TO
USE OF U.S. OWNED FUELS UNDER THE FOLLOWING TERMS:
A. FUEL RECEIVED FROM U.S. TANKERS WHICH IS DISCHARGED AND MAINTAINED
IN POL STORAGE AND PIPELINE SYSTEMS ENTIRELY WITHIN THE CONTROL OF THE
U.S.
B. FUEL USED BY U.S. PERSONNEL AND EQUIPMENT AND AIRCRAFT OPERATING
UNDER CHINESE MARKING.
C. FUEL USED BY U.S. PERSONNEL, EQUIPMENT AND AIRCRAFT FOR DIRECTED
MISSIONS IN SUPPORT OF DEFENSE OF TAIWAN AND THE PENGHUS INCLUDING
EXERCISES FOR DEFENSE.
D. FUEL ISSUED TO CAF AIRCRAFT AND EQUIPMENT AT USAF BASES AS
INDICATED IN PARAGRAPH 10 BELOW.
10. THE UNITED STATES PACIFIC AIR FORCE (PACAF) SHALL PROVIDE, AS
AVAILABLE, JP-4 AND 115/145 AND SERVICING OF SUCH FUEL TO CAF AIRCRAFT
OR EQUIPMENT AT PACAF BASES IN KOREA, JAPAN, OKINAWA, PHILIPPINES,
HAWAII AND TAIWAN ACCORDING TO THE FOLLOWING TERMS:
A. SUCH ISSUES SHALL BE RECORDED ON USAF FORMS OF WHICH COMPLETION
AND SIGNATURE BY THE AUTHORIZED CAF RECEIVING AGENT WILL BE ACCEPTED AS
EVIDENCE THAT THE SERVICES HAVE BEEN PROVIDED THE CAF.
B. THE USAF ISSUE FORMS SHALL CONTAIN THE AUTHORIZED CAF RECEIVING
AGENT'S NAME, RANK, SERVICE NUMBER, ORGANIZATION AND HOME STATION, DATE
AND PLACE OF ISSUE, AIRCRAFT MISSION, DESIGN, SERIES AND SERIAL NUMBER,
OR EQUIPMENT REGISTRATION NUMBER, AS APPLICABLE, QUANTITY OF FUEL ISSUED
IN U.S. GALLONS, SIGNATURE OF AUTHORIZED CAF RECEIVING AGENT AND
NOTATION "PACAF/CAF SERVICING AGREEMENT" ENTERED IN REMARKS SECTION.
ONE COPY OF THE ISSUE FORM WILL BE GIVEN THE AUTHORIZED CAF RECEIVING
AGENT AT TIME OF THE SERVICING.
C. UPON PRESENTATION OF THE USAF ISSUE FORMS, THE CAF SHALL MAKE
REPAYMENT IN KIND TO THE USAF OF THE TOTAL QUANTITY OF FUEL BY GRADE
ISSUED TO CAF AIRCRAFT AND EQUIPMENT DURING THE PAST MONTH. THE USAF
SHALL BE CREDITED WITH THIS TOTAL QUANTITY OF FUEL BY DEDUCTION OF SUCH
QUANTITY FROM THE TOTAL SURCHARGE PAYMENT DUE THE CAF AS REFLECTED ON
THE MONTHLY USAF AVIATION FUELS SURCHARGE LISTING COMPUTED IN ACCORDANCE
WITH PARAGRAPH 11 BELOW. IN THE EVENT THAT CAF REPAYMENT IN KIND FOR
PACAF FUEL ISSUES SHOULD EXCEED THE USAF TOTAL SURCHARGE PAYMENT FOR THE
MONTH, THE USAF OWNED INVENTORY IN THE CAF SYSTEM WILL BE INCREASED BY
THE APPROPRIATE QUANTITY.
D. THIS REPAYMENT IN KIND AGREEMENT PERTAINS ONLY TO THE FURNISHING
OF PEACETIME REQUIREMENTS.
11. THE CAF EACH MONTH SHALL PREPARE RELEVENT DOCUMENTS ACCOUNTING
FOR FUEL HANDLED UNDER THIS AGREEMENT. SUCH DOCUMENTS SHALL BE REFERRED
TO AS MONTHLY USAF AVIATION FUELS SURCHARGE LISTING AND SHALL INCLUDE
THE FOLLOWING INFORMATION CONCERNING SURCHARGE COMPUTATIONS APPLICABLE
TO THE MONTHLY PERIOD.
A. QUANTITY OF USAF OWNED FUEL INVENTORY CONTAINED IN THE CAF SYSTEM
BY GRADE AS OF THE END OF THE MONTHLY PERIOD. STANDARD STORAGE PAYMENT
QUANTITY SHALL BE LISTED.
B. QUANTITY OF U.S. OWNED FUEL INPUT INTO THE CAF SYSTEM BY GRADE,
DATE, AND SOURCE OR TANKER NAME, AND NUMBER OF DD FORM 250 OR SHIPPING
DOCUMENT NUMBER. SURCHARGE PAYMENT QUANTITY SHALL BE LISTED.
C. QUANTITY OF U.S. OWNED FUEL DELIVERED TO U.S. EQUIPMENT THROUGH
CAF FILL-STANDS BY GRADE, DATE, LOCATION, REFUELING UNIT REGISTRATION
NUMBER, AND NUMBER OF DD FORM 1150 INDIVIDUAL ISSUE DOCUMENT. SURCHARGE
PAYMENT QUANTITY SHALL BE LISTED.
D. QUANTITY OF U.S. OWNED FUEL DELIVERED INTO U.S. OWNED OR OPERATED
STORAGE TANKS BY CAF PIPELINE, TANK CAR, OR TANK TRUCK BY GRADE, DATE OF
DELIVERY, LOCATION, MODE OF DELIVERY, AND NUMBER OF DD FORM 250
INDIVIDUAL ISSUE DOCUMENT. SURCHARGE PAYMENT QUANTITY SHALL BE LISTED.
E. QUANTITY OF U.S. OWNED FUEL ISSUED TO U.S. AIRCRAFT OR EQUIPMENT
BY GRADE, DATE OF ISSUE, LOCATION, AIRCRAFT MISSION, DESIGN, SERIES AND
SERIAL NUMBER, OWNING COMMAND AND ORGANIZATION OF ASSIGNMENT OF THE
AIRCRAFT AND NUMBER OF DD FORM 1150 INDIVIDUAL ISSUE DOCUMENT. ISSUES
TO U.S. AIRCRAFT AND EQUIPMENT EXCEPTED UNDER PARAGRAPH 2 ABOVE WILL BE
LISTED ONLY TO FACILITATE REPAYMENT IN KIND OF FUEL ISSUED MINUS
SURCHARGES. SURCHARGE PAYMENT QUANTITY SHALL BE LISTED.
F. QUANTITY OF U.S. OWNED FUEL ISSUED TO CAF AIRCRAFT AND EQUIPMENT
AT PACAF BASES BY GRADE, DATE OF ISSUE, LOCATION, CAF AIRCRAFT MISSION,
DESIGN, SERIES AND SERIAL NUMBER OF CAF EQUIPMENT, OR REGISTRATION
NUMBER, AS APPLICABLE, COMMAND AND ORGANIZATION OF ASSIGNMENT OF THE CAF
AIRCRAFT OR EQUIPMENT AND NUMBER OF USAF ISSUE DOCUMENT. TOTAL ISSUES
TO CAF AIRCRAFT AND EQUIPMENT WILL BE LISTED TO FACILITATE REPAYMENT IN
KIND BY CAF TO USAF. TOTAL REPAYMENT IN KIND QUANTITY SHALL BE LISTED
AND DEDUCTED FROM THE USAF MONTHLY SURCHARGE TOTAL OF PARAGRAPH 11 A, B,
C, D AND E ABOVE.
12. MAINTAINING QUALITY CONTROL OF U.S. OWNED FUEL STORED IN THE CAF
SYSTEM SHALL PRIMARILY BE THE RESPONSIBILITY OF CAF. THE PROVISIONS OF
TECHNICAL ORDER 42B-1-1 SHALL GOVERN QUALITY CONTROL PRACTICES. THE
USAF SHALL HAVE THE RIGHT TO INSPECT CAF FACILITIES AND EQUIPMENT THAT
STORE OR ISSUE U.S. FUEL TO U.S. FORCES. SUCH INSPECTIONS SHALL BE
JOINTLY CONDUCTED BY USAF AND CAF PERSONNEL.
13. THE CAF SHALL PREPARE THE MONTHLY USAF AVIATION FUELS SURCHARGE
LISTING NOT LATER THAN THE 15TH DAY OF THE MONTH FOLLOWING THE
TRANSACTION. THE LISTING WILL BE COLLATED, VERIFIED, AND SIGNED BY THE
CAF AND THE USAF ACCOUNTABLE FUELS OFFICERS OR THEIR DESIGNATED
REPRESENTATIVES. THE SIGNED LISTING SHALL BE PROVIDED IN THREE COPIES
TO THE USAF AND IN ONE COPY TO SAPOT.
14. SAPOT SHALL, IN COORDINATION WITH THE CAF, MONITOR PROVISIONS OF
THIS AGREEMENT FOR ADEQUACY OF U.S. INVENTORY OBJECTIVES;
15. THIS AGREEMENT SUPERSEDES THE AGREEMENT BETWEEN THE GOVERNMENTS
OF THE UNITED STATES AND REPUBLIC OF CHINA ON JOINT USAF/CAF POL
HANDLING OPERATIONS DATED 9 DECEMBER 1970, AS AMENDED.
RECEOMMENDING FOR APPROVAL:
WEI-YEH CHIAO, LT GENERAL, CAF
CHAIRMAN, ROC COMPONENT
MILITARY SUBCOMMITTEE, SOFA
APPROVED:
MENG-HSIEN WANG
REPRESENTATIVE OF THE
REPUBLIC OF CHINA
OCT 3 1977
(DATE)
NORWAY 19 MAY 1978 FLITE DOCUMENT NO. 7900088
MEMORANDUM OF UNDERSTANDING EXECUTED 19 MAY 1978.
MEMORANDUM OF UNDERSTANDING CONCERNING THE PRINCIPLES GOVERNING
MUTUAL COOPERATION IN THE RESEARCH AND DEVELOPMENT, PRODUCTION AND
PROCUREMENT OF DEFENSE EQUIPMENT. REMAINS IN EFFECT FOR TEN (10) YEARS.
THE GOVERNMENT OF THE UNITED STATES OF AMERICA AND THE GOVERNMENT OF
NORWAY HEREINAFTER REFERRED TO AS THE GOVERNMENTS:
O INTENDING TO INCREASE THEIR RESPECTIVE DEFENSE CAPABILITIES THROUGH
MORE EFFICIENT
COOPERATION IN THE FIELD OF RESEARCH AND DEVELOPMENT, PRODUCTION AND
PROCUREMENT OF DEFENSE
EQUIPMENT, IN ORDER TO:
- MAKE THE MOST COST-EFFECTIVE AND RATIONAL USE OF THE FUNDS
ALLOCATED TO DEFENSE TO THE
EXTENT PERMITTED BY THEIR NATIONAL POLICIES; AND
- PROMOTE THE WIDEST POSSIBLE USE OF STANDARD OR INTEROPERABLE
EQUIPMENT; AND
- DEVELOP AND MAINTAIN AN ADVANCED TECHNOLOGICAL CAPABILITY FOR THE
NORTH ATLANTIC
ALLIANCE, AND PARTICULARLY WITH RESPECT TO THE PARTIES TO THIS
AGREEMENT;
O NOTING THAT NO GENERAL AGREEMENT COVERS HARMONIZATION OF MUTUAL
PROCUREMENTS ALTHOUGH
SPECIFIC OFFSET AGREEMENTS HAVE EXISTED BETWEEN THEM IN THE PAST;
AND
O SEEKING TO IMPROVE THE PRESENT SITUATION AND TO STRENGTHEN THEIR
MILITARY CAPABILITY AND
ECONOMIC POSITION THROUGH THE FURTHER ACQUISITION OF STANDARD OR
INTEROPERABLE EQUIPMENT HAVE ENTERED INTO THIS MEMORANDUM OF
UNDERSTANDING IN ORDER TO ACHIEVE THE ABOVE AIMS,
THIS MEMORANDUM OF UNDERSTANDING (MOU) SETS OUT THE GUIDING
PRINCIPLES GOVERNMENT MUTUAL COOPERATION IN DEFENSE EQUIPMENT RESEARCH
AND DEVELOPMENT, PRODUCTION AND PROCUREMENT.
THE GOVERNMENT OF THE UNITED STATES OF AMERICA AND THE GOVERNMENT OF
NORWAY CONCLUDE THIS MEMORANDUM OF UNDERSTANDING TO STRENGTHEN THE NORTH
ATLANTIC ALLIANCE. IN SO DOING, THE GOVERNMENTS ARE FULLY AWARE THAT
THE INDEPENDENT EUROPEAN PROGRAM GROUP (IEPG) WANTS TO ENHANCE EQUIPMENT
COLLABORATION BY MORE COMPREHENSIVE AND SYSTEMATIC ARRANGEMENTS AMONG
THE INDIVIDUAL MEMBER NATIONS.
THE TWO GOVERNMENTS AGREE THAT THIS MEMORANDUM OF UNDERSTANDING
SHOULD BE INCORPORATED IN THE LARGER CONTEXT OF THE COOPERATION BETWEEN
EUROPE AND NORTH AMERICA WITHIN THE ALLIANCE.
ALL AGREEMENTS OR THE RELEVANT PROVISIONS OF SUCH AGREEMENTS BETWEEN
THE INDEPENDENT EUROPEAN PROGRAM GROUP (IEPG) AND THE UNITED STATES OF
AMERICA SHALL TAKE PRECEDENCE OVER THIS MEMORANDUM OF UNDERSTANDING,
ASSUMING NORWAY IS A PARTY TO SUCH AGREEMENTS.
1. BOTH GOVERNMENTS INTEND TO ACHIEVE AND MAINTAIN A LONG-TERM
EQUITABLE BALANCE IN THEIR EXCHANGES, IN TERMS OF THE VALUE OF CONTRACTS
AND TECHNOLOGICAL LEVELS, TO THE MAXIMUM PRACTICABLE EXTENT CONSISTENT
WITH THEIR NATIONAL POLICIES. EQUITABLE BALANCE, IN PRINCIPLE, SHALL BE
ACHIEVED WHEN THE TWO GOVERNMENTS HAVE EXHAUSTED ALL MEANS AT THEIR
DISPOSAL TO MAXIMIZE DEFENSE R&D COOPERATION AND RECIPROCAL PROCUREMENT
TO THE EXTENT PERMITTED BY THE SIZE AND NATURE OF EACH COUNTRY'S
TECHNOLOGICAL AND INDUSTRIAL BASE.
2. THIS AGREEMENT IS INTENDED TO COVER AREAS IN WHICH POSSIBLE
BILATERAL COOPERATION COULD BE ACHIEVED IN CONVENTIONAL DEFENSE
EQUIPMENT RESEARCH AND DEVELOPMENT, PRODUCTION AND PROCUREMENT,
COMPLEMENTING THE WORK OF THE CONFERENCE OF NATIONAL ARMAMENT DIRECTORS
(CNAD) AND THE INDEPENDENT EUROPEAN PROGRAM GROUP (IEPG).
3. THE TWO GOVERNMENTS WILL, CONSISTENT WITH THE LAWS, REGULATIONS,
AND PRACTICES HAVING THE FORCE OF LAW OF EACH GOVERNMENT, GIVE FULL
CONSIDERATION TO ALL REQUESTS FOR COOPERATIVE R&D, AND TO ALL REQUESTS
FOR PRODUCTION AND PROCUREMENT WHICH ARE INTENDED TO MAXIMIZE ALLIANCE
STANDARDIZATION AND/OR INTEROPERABILITY.
4. THE TWO GOVERNMENTS SHALL, IN THE SPIRIT OF COOPERATION, MUTUALLY
DETERMINE THE COUNTING PROCEDURES THAT WILL APPLY TO ALL ITEMS UNDER
THIS AGREEMENT (AND ASSOCIATED SERVICES INCLUDED IN A CONTRACT)
PURCHASED EITHER DIRECTLY BY THE TWO GOVERNMENTS OR THROUGH THEIR
RELEVANT INDUSTRIES.
5. IN THE INTERESTS OF STANDARDIZATION AND THE EFFECTIVE UTILIZATION
OF SCARCE RESOURCES, THE TWO GOVERNMENTS SHALL, IF POSSIBLE, SELECT
QUALIFIED DEFENSE ITEMS THAT HAVE BEEN DEVELOPED AND PRODUCED IN THE
OTHER COUNTRY TO MEET THEIR REQUIREMENTS IN ACCORDANCE WITH THE
PROCEDURES OF PARAGRAPH 9 BELOW.
6. EACH GOVERNMENT MAY PROPOSE TO THE OTHER ANY PARTICULAR ITEM OF
EQUIPMENT THAT MIGHT BE SUITABLE FOR USE BY THE OTHER GOVERNMENT.
INDICATIVE LISTS ARE PROVIDED IN THE ANNEXES.
7. BOTH GOVERNMENTS WILL PROVIDE APPROPRIATE POLICY GUIDANCE AND
ADMINISTRATIVE PROCEDURES WITHIN THEIR RESPECTIVE DEFENSE PROCUREMENT
ORGANIZATIONS TO FACILITATE ACHIEVEMENT OF THE AIMS DESCRIBED IN
PARAGRAPH 5.
8. BARRIERS TO PROCUREMENT OR COPRODUCTION OF AN ITEM OF DEFENSE
EQUIPMENT THAT HAS BEEN DEVELOPED IN THE OTHER COUNTRY SHALL BE REMOVED,
INSOFAR AS LAWS AND REGULATIONS PERMIT. THIS INCLUDES THE REMOVAL OF
CUSTOMS DUTIES AND OTHER DISCRIMINATORY LEVIES AS WELL AS THE WAIVER OF
PROTECTIONIST PROVISIONS.
9. NORMAL COMPETITIVE CONTRACTING PROCEDURES SHALL BE USED IN
ACQUIRING ITEMS OF CONVENTIONAL DEFENSE EQUIPMENT DEVELOPED IN EACH
OTHER'S COUNTRY FOR USE BY EITHER COUNTRY'S DEFENSE ESTABLISHMENT.
10. FULL CONSIDERATION WILL BE GIVEN TO ALL QUALIFIED INDUSTRIAL
AND/OR GOVERNMENT SOURCES IN EACH OTHER'S COUNTRY CONSISTENT WITH THE
NATIONAL PROCUREMENT POLICY AND CRITERIA. IT IS THEREFORE UNDERSTOOD
THAT ITEMS OFFERED SHALL SATISFY REQUIREMENTS FOR PERFORMANCE, QUALITY,
DELIVERY AND COST.
11. BOTH GOVERNMENTS WILL REVIEW ITEMS SUBMITTED AS CANDIDATES FOR
RESPECTIVE REQUIREMENTS. THEY WILL INDICATE REQUIREMENTS AND PROPOSED
PURCHASES IN A TIMELY FASHION TO ENSURE ADEQUATE TIME FOR THEIR
RESPECTIVE INDUSTRIES TO QUALIFY FOR ELIGIBILITY AND SUBMIT A BID OR
PROPOSAL.
12. EACH GOVERNMENT WILL ENSURE THAT THE TECHNICAL DATA PACKAGES
(TDPS) MADE AVAILABLE UNDER THIS MOU ARE NOT USED FOR ANY PURPOSE OTHER
THAN FOR THE PURPOSE OF BIDDING ON, AND PERFORMING, A PROSPECTIVE
DEFENSE CONTRACT WITHOUT THE PRIOR AGREEMENT WITH THOSE OWNING OR
CONTROLLING PROPRIETARY RIGHTS AND THAT FULL PROTECTION SHALL BE GIVEN
TO SUCH PROPRIETARY RIGHTS, OR TO ANY PRIVILEGED, PROTECTED, OR
CLASSIFIED DATA AND INFORMATION THEY CONTAIN. IN NO EVENT SHALL THE
TDPS BE TRANSFERRED TO ANY THIRD COUNTRY OR ANY OTHER TRANSFEREE WITHOUT
THE PRIOR WRITTEN CONSENT OF THE ORIGINATING GOVERNMENT.
13. BOTH GOVERNMENTS WILL USE THEIR BEST EFFORTS TO ASSIST IN
NEGOTIATING LICENSES, ROYALTIES AND TECHNICAL INFORMATION EXCHANGES WITH
THEIR RESPECTIVE INDUSTRIES.
14. ARRANGEMENTS AND PROCEDURES WILL BE ESTABLISHED CONCERNING
FOLLOW-ON LOGISTIC SUPPORT FOR ITEMS OF DEFENSE EQUIPMENT COVERED BY
THIS MEMORANDUM OF UNDERSTANDING. BOTH GOVERNMENTS WILL MAKE THEIR
DEFENSE LOGISTIC SYSTEMS AND RESOURCES AVAILABLE FOR THIS PURPOSE AS
REQUIRED AND MUTUALLY AGREED.
1. REPRESENTATIVES OF THE TWO GOVERNMENTS WILL BE APPOINTED TO
DETERMINE IN DETAIL THE PROCEDURES FOR IMPLEMENTING THIS MEMORANDUM OF
UNDERSTANDING. TERMS OF REFERENCE WILL BE PROPOSED FOR A
NORWEGIAN-AMERICAN COMMITTEE FOR RECIPROCAL PROCUREMENT, INCLUDING RULES
GOVERNING ITS WORK. THE IMPLEMENTING PROCEDURES UNDER THIS MEMORANDUM
OF UNDERSTANDING SHALL BE AN INTEGRAL PART THEREOF.
2. THE UNDER SECRETARY OF DEFENSE FOR RESEARCH AND ENGINEERING, IN
COORDINATION WITH THE ASSISTANT SECRETARY OF DEFENSE FOR INTERNATIONAL
SECURITY AFFAIRS, THE ASSISTANT SECRETARY OF DEFENSE FOR MANPOWER,
RESERVE AFFAIRS AND LOGISTICS, THE DIRECTOR, DEFENSE SECURITY ASSISTANCE
AGENCY, AND OTHER APPROPRIATE DEPARTMENT OF DEFENSE OFFICIALS, WILL BE
THE RESPONSIBLE AUTHORITY IN THE UNITED STATES GOVERNMENT FOR THE
DEVELOPMENT OF IMPLEMENTING PROCEDURES UNDER THIS MEMORANDUM OF
UNDERSTANDING.
3. THE DIRECTOR GENERAL OF ARMAMENTS IN THE MINISTRY OF DEFENSE WILL
BE THE RESPONSIBLE AUTHORITY OF THE GOVERNMENT OF NORWAY FOR ANY MATTER
RELATING TO THE PROCEDURES FOR IMPLEMENTING THIS MEMORANDUM OF
UNDERSTANDING.
1. EACH GOVERNMENT WILL BE RESPONSIBLE FOR CALLING TO THE ATTENTION
OF THE RELEVANT INDUSTRIES WITHIN ITS COUNTRY THE BASIC UNDERSTANDING OF
THIS MEMORANDUM OF UNDERSTANDING, TOGETHER WITH APPROPRIATE IMPLEMENTING
GUIDANCE. BOTH GOVERNMENTS WILL TAKE ALL NECESSARY STEPS SO THAT THE
INDUSTRIES COMPLY WITH THE REGULATIONS PERTAINING TO SECURITY AND TO
SAFEGUARDING CLASSIFIED INFORMATION.
2. IMPLEMENTATION OF THIS MEMORANDUM OF UNDERSTANDING WILL INVOLVE
FULL INDUSTRIAL PARTICIPATION. ACCORDINGLY, THE GOVERNMENTS WILL
ARRANGE TO INFORM THEIR RESPECTIVE PROCUREMENT AND REQUIREMENTS OFFICES
CONCERNING THE PRINCIPLES AND OBJECTIVES OF THIS MEMORANDUM OF
UNDERSTANDING. HOWEVER, PRIMARY RESPONSIBILITY FOR FINDING BUSINESS
OPPORTUNITIES IN AREAS OF RESEARCH AND DEVELOPMENT AND PRODUCTION SHALL
REST WITH THE INDUSTRIAL PARTICIPANTS OF EACH COUNTRY.
1. TO THE EXTENT THAT ANY ITEMS, PLANS, SPECIFICATIONS OR
INFORMATION FURNISHED IN CONNECTION WITH THE SPECIFIC IMPLEMENTATION OF
THIS MEMORANDUM OF UNDERSTANDING ARE CLASSIFIED BY EITHER GOVERNMENT FOR
SECURITY PURPOSES, THE OTHER GOVERNMENT SHALL MAINTAIN A SIMILAR
CLASSIFICATION AND EMPLOY MEASURES NECESSARY TO PRESERVE SUCH SECURITY
EQUIVALENT TO THOSE MEASURES EMPLOYED BY THE CLASSIFYING GOVERNMENT
THROUGHOUT THE PERIOD DURING WHICH THE CLASSIFYING GOVERNMENT MAY
MAINTAIN SUCH CLASSIFICATION.
2. THE OPERATING PROCEDURES FOR THE IMPLEMENTATION OF THE GENERAL
SECURITY OF INFORMATION AGREEMENT DATED 26 FEBRUARY 1970 BETWEEN THE
UNITED STATES DEPARTMENT OF DEFENSE AND THE NORWEGIAN MINISTRY OF
DEFENSE APPLY TO ACTIVITIES UNDER THIS MEMORANDUM OF UNDERSTANDING.
1. THIS AGREEMENT WILL REMAIN IN EFFECT FOR A TEN-YEAR PERIOD
FOLLOWING ITS SIGNING, UNLESS OTHERWISE AGREED BY BOTH GOVERNMENTS.
2. IF, HOWEVER, EITHER GOVERNMENT CONSIDERS IT NECESSARY FOR
COMPELLING NATIONAL REASONS TO DISCONTINUE ITS PARTICIPATION UNDER THIS
MEMORANDUM OF UNDERSTANDING BEFORE THE END OF THE TEN-YEAR PERIOD,
WRITTEN NOTIFICATION OF ITS INTENTION WILL BE GIVEN TO THE OTHER
GOVERNMENT SIX MONTHS IN ADVANCE OF THE EFFECTIVE DATE OF
DISCONTINUANCE. SUCH NOTIFICATION OF INTENT WOULD BE A MATTER OF
IMMEDIATE CONSULTATION WITH THE OTHER GOVERNMENT TO ENABLE THE
GOVERNMENTS FULLY TO EVALUATE THE CONSEQUENCES OF SUCH TERMINATION AND,
IN THE SPIRIT OF COOPERATION, TO TAKE SUCH ACTIONS AS NECESSARY TO
ALLEVIATE PROBLEMS THAT MAY RESULT FROM THE TERMINATION. IN THIS
CONNECTION, ALTHOUGH THE MEMORANDUM OF UNDERSTANDING MAY BE TERMINATED
BY THE PARTIES, ANY CONTRACT ENTERED INTO CONSISTENT WITH THE TERMS OF
THIS AGREEMENT SHALL CONTINUE IN EFFECT, UNLESS THE CONTRACT IS
TERMINATED IN ACCORDANCE WITH ITS OWN TERMS.
1. EACH GOVERNMENT WILL DESIGNATE POINTS OF CONTRACT AT THE MINISTRY
OF DEFENSE LEVEL AND IN EACH PURCHASING SERVICE/AGENCY.
2. GOVERNMENT REPRESENTATIVES WILL MEET AS AGREED OR AT THE REQUEST
OF EITHER GOVERNMENT TO REVIEW PROGRESS IN IMPLEMENTING THE MEMORANDUM
OF UNDERSTANDING. THEY WILL DISCUSS DEVELOPMENT, PRODUCTION AND
PROCUREMENT NEEDS OF EACH COUNTRY AND THE LIKELY AREAS OF COOPERATION;
AGREE TO THE BASIS OF, AND KEEP UNDER REVIEW, THE FINANCIAL STATEMENT
REFERRED TO BELOW; AND CONSIDER ANY OTHER MATTERS RELEVANT TO THE
MEMORANDUM OF UNDERSTANDING.
3. AN ANNUAL UNITED STATES/NORWAY STATEMENT OF THE CURRENT BALANCE,
AND LONG-TERM TRENDS, OF R&D COOPERATION AND PURCHASES BETWEEN THE TWO
COUNTRIES WILL BE PREPARED ON A BASIS TO BE MUTUALLY AGREED. SUCH
STATEMENT WILL TAKE ACCOUNT OF ANY UNITED STATES-NORWAY OFFSET
AGREEMENTS IN FORCE WHEN THE MEMORANDUM OF UNDERSTANDING WAS SIGNED, AND
WILL BE REVIEWED DURING THE MEETINGS REFERRED TO IN PARAGRAPH 2 ABOVE.
ANNEXES NEGOTIATED BY THE RESPONSIBLE OFFICES AND APPROVED BY THE
APPROPRIATE GOVERNMENT AUTHORITIES WILL BE INCORPORATED IN THIS
MEMORANDUM OF UNDERSTANDING AND MADE AN INTEGRAL PART THEREOF;
1. THE ARRANGEMENTS CONTAINED IN THIS MEMORANDUM OF UNDERSTANDING
REPRESENT THE UNDERSTANDING REACHED BETWEEN THE GOVERNMENT OF THE UNITED
STATES OF AMERICA AND THE GOVERNMENT OF NORWAY UPON THE MATTERS REFERRED
TO HEREIN. EACH GOVERNMENT MUST MUTUALLY AGREE TO ANY AMENDMENT OF THIS
MEMORANDUM OF UNDERSTANDING.
2. THIS AGREEMENT, IN TWO ORIGINALS TEXTS IN THE NORWEGIAN AND
ENGLISH LANGUAGES, BOTH TEXTS BEING EQUALLY AUTHENTIC, WILL COME INTO
EFFECT AT THE DATE SIGNED BY BOTH GOVERNMENTS;
FOR THE GOVERNMENT OF NORWAY
THE MINISTER OF DEFENSE
DATE MAY 19 1978
UNITED KINGDOM 21 SEP 1977 FLITE DOCUMENT NO. 7900087
LETTER OF AGREEMENT EXECUTED 2 AND 21 SEPTEMBER 1977.
LETTER OF AGREEMENT CONCERNING NARRATIVE RECORD TELECOMMUNICATION
INTERFACE ARRANGEMENTS. EFFECTIVE FOR FIVE (5) YEARS FROM DATE OF
SIGNATURE.
INTRODUCTION
1. RECOGNIZING THE MUTUAL ADVANTAGES TO BE GAINED BY IMPROVING THE
EXISTING MANUAL ARRANGEMENTS FOR THE TRANSFER OF NARRATIVE RECORD
TRAFFIC BETWEEN THE UNITED STATES DEFENSE COMMUNICATIONS SYSTEM'S
AUTOMATIC DIGITAL NETWORK (AUTODIN), AND THE UNITED KINGDOM'S DEFENCE
COMMUNICATION NETWORK (DCN), AND THE DEFENSE COMMUNICATIONS AGENCY
(DCA), ACTING ON BEHALF OF THE US DEPARTMENT OF DEFENSE AND THE UNITED
STATES GOVERNMENT, AND THE MINISTRY OF DEFENCE (MODUK), ACTING ON BEHALF
OF THE UNITED KINGDOM GOVERNMENT, AGREE TO CONNECT THE TWO NETWORKS
THROUGH SELECTED AUTOMATIC SWITCHING EQUIPMENT OF BOTH NATIONS.
THE AGREEMENT
2. IT IS AGREED THAT THE DCA WILL MAKE AVAILABLE TO MODUK AUTOMATIC
ACCESS FROM THE DCN TO AUTODIN, FOR THE TRANSFER OF NARRATIVE RECORD
TRAFFIC. THE MODUK WILL OFFER RECIPROCAL CAPABILITIES AS A MATTER OF
INTERNATIONAL COURTESY. THE DCA AND MODUK WILL JOINTLY ESTABLISH THE
INTERFACES TO SATISFY ENGINEERING, TRAFFIC DISTRIBUTION, AND EMERGENCY
ROUTING CONSIDERATIONS.
PROVISION OF INTERFACES
3. THE COMMUNICATIONS TERMINAL EQUIPMENT AND THE INTERCONNECTING
CIRCUITS BETWEEN THE TWO NETWORKS WILL BE PROVIDED BY BOTH A US
GOVERNMENT AGENCY AND THE MODUK. THERE WILL BE NO FINANCIAL EXCHANGE
BETWEEN THE TWO GOVERNMENTS ARISING FROM THE COMMUNICATIONS SERVICE EACH
WILL PROVIDE TO THE OTHER UNDER THE TERMS OF THIS AGREEMENT. IN ALL
CASES THE COST OF PROVIDING AND MAINTAINING THE TERMINAL EQUIPMENT FOR
BOTH ENDS OF INTERFACE CIRCUITS PROVIDED BY ONE GOVERNMENT WILL BE
CONSIDERED AS EQUATING TO THE COST OF PROVIDING AND MAINTAINING THE
INTERCONNECTING CIRCUITS PROVIDED BY THE OTHER GOVERNMENT. EACH
GOVERNMENT WILL UNDERTAKE TO COMPLETE AGREED MINOR MAINTENANCE TASKS TO
EQUIPMENT ON SITE. EACH GOVERNMENT WILL BEAR THE COST OF ITS OWN SITE
PREPARATION REQUIRED TO ACCOMMODATE TERMINAL EQUIPMENT. DETAILS FOR
EACH SPECIFIC INTERFACE WILL BE COVERED BY AN APPENDIX HERETO.
CONTROL
4. THE MODUK WILL DELEGATE TO CONTROLLER DEFENCE COMMUNICATION
NETWORK (CDCN) RESPONSIBILITY TY FOR TECHNICAL ARRANGEMENTS FOR THE
INTERFACE. CDCN WILL COLLABORATE WITH DCA EUROPE IN DISCHARGING THIS
RESPONSIBILITY.
5. LOCAL CONTROL OF MODUK TRAFFIC ENTERING THE AUTODIN WILL BE
IMPLEMENTED BY THE CONNECTED AUTODIN SWITCHING CENTER (ASC). AUTODIN
TRAFFIC ENTERING THE DCN WILL BE UNDER THE LOCAL CONTROL OF THE MODUK
COMMUNICATIONS CENTRE MANAGING THE CONNECTED UK TELEGRAPH AUTOMATIC
ROUTING EQUIPMENT (TARE).
COMMUNICATION PROCEDURES
6. EACH GOVERNMENT WILL CONFORM WITH THE COMMUNICATION OPERATING
PROCEDURES OF THE HOST NETWORK EXCEPT AS OTHERWISE MUTUALLY UNDERSTOOD
AND RECORDED IN THE APPENDIX COVERING EACH SPECIFIC INTERFACE. THE
FOLLOWING CONDITIONS ARE UNDERSTOOD TO PREVAIL FOR ALL APPENDICES:
A. THERE WILL BE IMPACT ON OR CHANGES TO ALLIED COMMUNICATIONS
PUBLICATION (ACP) 127 FORMATS OR GENERAL PROCEDURES EXCEPT SERVICE
MESSAGE TEXT FORMAT AND GENERAL SERVICE MESSAGE RESPONSE PROCEDURES,
WHICH WILL BE SPECIFIED IN THE US JOINT ARMY, NAVY AND AIR FORCE
PUBLICATION (JANAP) 128.
B. CHANGES OR AMENDMENTS TO JANAP 128 PROCEDURES WILL NOT REQUIRE THE
APPROVAL OF MODUK, BUT MODUK WILL BE KEPT INFORMED OF ALL CHANGES.
C. EACH GOVERNMENT RECOGNIZES THAT CHANGES IN PROCEDURE MAY AFFECT
THE SOFTWARE FOR THE OTHER GOVERNMENT'S SWITCH TO AN EXTENT THAT MAY
MAKE THE INTERCHANGE OF TRAFFIC IMPRACTICAL AND THAT CONSULTATION
BETWEEN THEM IS NECESSARY TO COORDINATE PROPOSED CHANGES.
D. TRAFFIC REQUIRING SPECIAL HANDLING, BECAUSE OF ITS SECURITY
CAVEAT, WILL NOT BE INTRODUCED INTO THE NETWORKS BY EITHER GOVERNMENT ON
CIRCUITS NOT CLEARED FOR THE SPECIAL HANDLING CAVEAT USED.
E. APPROPRIATE COMMUNICATIONS SECURITY EQUIPMENT KEYING MATERIAL WILL
BE PROVIDED ON A RECURRING BASIS BY EACH GOVERNMENT'S RESPONSIBLE
ISSUING AUTHORITY.
F. EACH GOVERNMENT RESERVES THE RIGHT TO IMPOSE MINIMIZE PROCEDURES
OR TO INSTITUTE OTHER MEASURES TO LIMIT TRAFFIC FLOW.
SECURITY
7. IN ORDER TO PREVENT UNAUTHORIZED DISCLOSURE OR COMPROMISE OF
CLASSIFIED INFORMATION OR EQUIPMENT, EACH GOVERNMENT WILL UNDERTAKE TO
IMPOSE SUCH SECURITY MEASURES, IN ACCORDANCE WITH THE STANDING SECURITY
ARRANGEMENTS AND PROCEDURES PREVAILING BETWEEN THEM, TO AFFORD
CLASSIFIED MATERIAL PROTECTION SUBSTANTIALLY THE SAME AS THAT NORMALLY
GIVEN BY THE SUPPLYING GOVERNMENT.
LIABILITIES
8. NEITHER GOVERNMENT SHALL BE HELD LIABLE FOR DAMAGES RESULTING
FROM ANY FAILURE OF THE EQUIPMENT, SYSTEM, OR HANDLING OF NARRATIVE
RECORD TELECOMMUNICATIONS UNDER THE PROVISIONS OF THIS AGREEMENT.
EFFECTIVE DATE AND MODIFICATIONS
9. THIS BASIC AGREEMENT WILL BE EFFECTIVE FOR A FIVE-YEAR PERIOD
FROM THE DATE OF SIGNATURE OF THIS LETTER. EITHER GOVERNMENT MAY CANCEL
SPECIFIC INTERFACE ARRANGEMENTS AT A MINIMUM NOTICE OF 90 DAYS BUT A
NOTICE OF 12 MONTHS IS PREFERABLE. SPECIFIC INTERFACE ARRANGEMENTS MAY
BE NOTICED AT ANY TIME BY THE MUTUAL CONSENT OF THE TWO GOVERNMENTS.
SIGNATURE
10. THE FOREGOING REPRESENTS A RECORD OF THE BASIS AGREEMENT BETWEEN
THE GOVERNMENT OF THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN
IRELAND AND THE GOVERNMENT OF THE UNITED STATES OF AMERICA UPON THE
MATTERS REFERRED TO THEREIN AND WILL ENTER INTO FORCE UPON SIGNATURE BY
THEIR AUTHORIZED REPRESENTATIVES.
FOR HER MAJESTY'S GOVERNMENT IN THE
UNITED KINGDOM OF GREAT BRITAIN AND
NORTHERN IRELAND
LONDON, THE 21ST DAY OF
SEPTEMBER 1977
APPENDICES:
APPENDIX 1 CROUGHTON-STANBRIDGE INTERFACE
APPENDIX 2 CROUGHTON-PORTSMOUTH INTERFACE
(OTHER APPENDICES TO BE ADDED AS INTERFACE ARRANGEMENTS ARE COMPLETED
FOR EACH ONE.)
1. TITLE. APPENDIX 1 TO LETTER OF AGREEMENT (LOA) BETWEEN THE
GOVERNMENT OF THE UNITED STATES OF AMERICA AND THE GOVERNMENT OF THE
UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND CONCERNING
NARRATIVE RECORD TELE-COMMUNICATION INTERFACE ARRANGEMENTS.
2. PURPOSE. TO SPECIFY THE OPERATIONAL FEATURES OF THE INTERFACE
BETWEEN THE AUTODIN SWITCHING CENTER AT CROUGHTON, UK AND THE DCN TARE
AT STANBRIDGE, UK THAT ARE ESSENTIAL TO THE EFFICIENT TRANSFER OF
NARRATIVE RECORD TRAFFIC.
3. INTRODUCTION. THIS APPENDIX IS AN INTEGRAL PART OF THE BASIC LOA
AND SUPPLEMENTS THAT AGREEMENT BY STATING TECHNICAL CHARACTERISTICS AND
RESOURCE RESPONSIBILITIES PERTAINING TO THE CROUGHTON-STANBRIDGE
INTERFACE.
4. TECHNICAL CHARACTERISTICS. THE TECHNICAL CHARACTERISTICS OF THIS
INTERFACE ARE LISTED IN ATTACHMENT 1.
5. RESOURCE RESPONSIBILITIES. RESPONSIBILITIES FOR THE RESOURCES
REQUIRED TO ESTABLISH THIS INTERFACE ARE AS SHOWN IN ATTACHMENT 2.
6. DURATION. THIS APPENDIX IS EFFECTIVE FOR SAME PERIOD OF TIME AS
THE BASIC AGREEMENT OF WHICH IT IS A PART AND IS SUBJECT TO THE SAME
MODIFICATION PROVISIONS AS SET FORTH IN THAT AGREEMENT.
7. SIGNATURE. THE FOREGOING IS A RECORD OF THE AGREED OPERATIONAL
FEATURES OF THE INTERFACE DESCRIBED HEREIN WHICH BECOME EFFECTIVE UPON
SIGNATURE BY AUTHORIZED REPRESENTATIVES OF THE UNITED KINGDOM AND THE
UNITED STATES.
FOR HER MAJESTY'S GOVERNMENT IN
THE UNITED KINGDOM OF GREAT BRITAIN
AND NORTHERN IRELAND
(PLACE) LONDON (DATE) 21 SEP 77
ATTACHMENT 1, TECHNICAL CHARACTERISTICS
ATTACHMENT 2, RESOURCE RESPONSIBILITIES
TITLE US UK
CIRCUIT CONNECTIVITY ASC CROUGHTON STANBRIDGE, UK
POINTS
CIRCUIT IDENTIFICATION 9HUK
CIRCUIT SPEED 75 BAUD 75 BAUD
CIRCUIT RESTORATION 00
PRIORITY
COMMUNICATIONS MODE UNCONTROLLED TTY - TTY-UNCONTROLLED
NET CONTROL STATION ASC CROUGHTON ASC CROUGHTON
ALTERNATIVE ROUTE NONE NONE
MESSAGE FORMAT ACP 127 ACP 127
PRECEDENCE (HIGHEST) FLASH FLASH
SECURITY LEVEL TOP SECRET TOP SECRET
TRAFFIC HANDLING INTERFACE ESTABLISHED (SAME AS US)
CHARACTERISTICS TO PROCESS SPECIAL
ANTICIPATED TRAFFIC APPROXIMATELY 1500 APPROXIMATELY 500
VOLUME MSGS MONTHLY MSGS MONTHLY
TERMINAL EQUIPMENT ASC TERMINATION UK LEASED BPO
TERMINAL EQUIPMENT ASC MAINTENANCE TTY MAINTENANCE
MAINTENANCE PROVIDED BY UK
COMSEC EQUIPMENT US PROVIDED - KW - US PROVIDED - KW-
COMSEC MAINTENANCE US US WILL MAINTAIN
MAINTENANCE
RESOURCE AT CROUGHTON AT STANBRIDGE
1. PREPARE SITE US (AIR FORCE) UK
2. PROVIDE AND INSTALL
EQUIPMENT: A. TERMINAL US (AIR FORCE) UK B. COMSEC US (AIR FORCE) US
(NAVY)
3. PROVIDE AND MAINTAIN
INTERCONNECT CIRCUIT UK UK
4. OPERATE AND MAINTAIN
EQUIPMENT: A. TERMINAL US (AIR FORCE) UK B. COMSEC US (AIR FORCE)
US/UK
5. LOGISTIC SUPPORT:
A. TERMINAL EQUIPMENT US (AIR FORCE) UK B. COMSEC EQUIPMENT US (AIR
FORCE) US (NAVY)
6. OTHER (EXPLAIN)
NOTES:
1. US NAVY WILL MAINTAIN COMSEC EQUIPMENT; UK AGREES TO PERFORM
MINOR AND OPERATOR MAINTENANCE.
1. TITLE. APPENDIX 2 TO LETTER OF AGREEMENT (LOA) BETWEEN THE
GOVERNMENT OF THE UNITED STATES OF AMERICA AND THE GOVERNMENT OF THE
UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND CONCERNING
NARRATIVE RECORD TELECOMMUNICATION INTERFACE ARRANGEMENTS.
2. PURPOSE. TO SPECIFY THE OPERATIONAL FEATURES OF THE INTERFACE
BETWEEN THE AUTODIN SWITCHING CENTER AT CROUGHTON, UK AND THE DCN TARE
AT PORTSMOUTH, UK THAT ARE ESSENTIAL TO THE EFFICIENT TRANSFER OF
NARRATIVE RECORD TRAFFIC.
3; INTRODUCTION. THIS APPENDIX IS AN INTEGRAL PART OF THE BASIC LOA
AND SUPPLEMENTS THAT AGREEMENT BY STATING TECHNICAL CHARACTERISTICS AND
RESOURCE RESPONSIBILITIES PERTAINING TO THE CROUGHTON-PORTSMOUTH
INTERFACE.
4. TECHNICAL CHARACTERISTICS. THE TECHNICAL CHARACTERISTICS OF THIS
INTERFACE ARE LISTED IN ATTACHMENT 1.
5, RESOURCE RESPONSIBILITIES, RESPONSIBILITIES FOR THE RESOURCES
REQUIRED TO ESTABLISH THIS INTERFACE ARE AS SHOWN IN ATTACHMENT 2.
6. DURATION. THIS APPENDIX IS EFFECTIVE FOR THE SAME PERIOD OF TIME
AS THE BASIC AGREEMENT OF WHICH IT IS A PART AND IS SUBJECT TO THE SAME
MODIFICATION PROVISIONS AS SET FORTH IN THAT AGREEMENT.
7. SIGNATURE. THE FOREGOING IS A RECORD OF THE AGREED OPERATIONAL
FEATURES OF THE INTERFACE DESCRIBED HEREIN WHICH BECOME EFFECTIVE UPON
SIGNATURE BY AUTHORIZED REPRESENTATIVES OF THE UNITED KINGDOM AND THE
UNITED STATES.
FOR HER MAJESTY'S GOVERNMENT IN
THE UNITED KINGDOM OF GREAT
BRITAIN AND NORTHERN IRELAND
(PLACE) LONDON (DATE) 21 SEP 77
ATTACHMENT 1, TECHNICAL CHARACTERISTICS
ATTACHMENT 2, RESOURCE RESPONSIBILITIES
TITLE US UK
CIRCUIT CONNECTIVITY ASC CROUGHTON FORT SOUTHWICK
POINTS (PORTSMOUTH)
CIRCUIT IDENTIFICATION 9HPU/9HPV
CIRCUIT SPEED 75 BAUD 75 BAUD
CIRCUIT RESTORATION 00
PRIORITY
COMMUNICATIONS MODE UNCONTROLLED TTY - TTY-CONTROLLED
NET CONTROL STATION ASC CROUGHTON ASC CROUGHTON
ALTERNATIVE ROUTE NONE
MESSAGE FORMAT ASC 127 ACP 127
PRECEDENCE (HIGHEST) FLASH FLASH
SECURITY LEVEL SECRET SECRET
TRAFFIC HANDLING US/UK COMMON USER US/UK COMMON USER
CHARACTERISTICS TRAFFIC TRAFFIC
ANTICAPATED TRAFFIC
VOLUME
TERMINAL EQUIPMENT ASC TERMINATION TARE TERMINATION
TERMINAL EQUIPMENT ASC MAINTENANCE UK MAINTENANCE
MAINTENANCE
COMSEC EQUIPMENT US PROVIDED - US PROVIDED -
COMSEC MAINTENANCE US US WILL MAINTAIN
RESOURCE AT CROUGHTON AT PORTSMOUTH
1. PREPARE SITE US (AIR FORCE) UK
2. PROVIDE AND INSTALL
EQUIPMENT:
A. TERMINAL US (AIR FORCE) UK B. COMSEC US (AIR FORCE) US (NAVY)
3. PROVIDE AND MAINTAIN
INTERCONNECT CIRCUIT UK UK
4. OPERATE AND MAINTAIN
EQUIPMENT:
A. TERMINAL US (AIR FORCE) UK B. COMSEC US (AIR FORCE) US/UK
5. LOGISTIC SUPPORT:
A. TERMINAL EQUIPMENT US (AIR FORCE) UK B. COMSEC EQUIPMENT US (AIR
FORCE) US (NAVY)
6. OTHER (EXPLAIN)
NOTES:
1. US NAVY WILL MAINTAIN COMSEC EQUIPMENT, UK AGREES TO PERFORM
MINOR AND OPERATOR MAINTENANCE.
UNITED KINGDOM 14 DEC 1977 FLITE DOCUMENT NO. 7900086
AGREEMENT/MEMORANDUM OF UNDERSTANDING EXECUTED 14 DECEMBER 1977;
EFFECTIVE 1 JANUARY 1978.
AGREEMENT REGARDING UNITED STATES DEFENSE AREAS AND FACILITIES IN
ANTIGUA. REMAINS IN FORCE UNTIL 31 DECEMBER 1988. AGREEMENT OF 10
JANUARY 1961 TERMINATES ON 1 JANUARY 1978.
THE GOVERNMENT OF ANTIGUA, WITH THE CONSENT AND AUTHORITY OF THE
GOVERNMENT OF THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND,
AND THE GOVERNMENT OF THE UNITED STATES OF AMERICA;
HAVING PARTICIPATED IN A REVIEW OF THE AGREEMENT RELATING TO UNITED
STATES DEFENCE AREAS IN THE FEDERATION OF THE WEST INDIES SIGNED AT PORT
OF SPAIN ON FEBRUARY 10, 1961;
DESIRING TO STRENGTHEN THE FIRM FRIENDSHIP AND UNDERSTANDING BETWEEN
THEM;
DESIRING ALSO TO CONTRIBUTE TO THE DEFENCE OF THE WESTERN HEMISPHERE
AND TO THE MAINTENANCE OF PEACE AND SECURITY WITHIN THE FRAMEWORK OF THE
CHARTER OF THE UNITED NATIONS;
BELIEVING THAT PRACTICAL COOPERATION AS PROVIDED FOR IN THIS
AGREEMENT WILL GREATLY ASSIST IN THE ATTAINMENT OF THESE OBJECTIVES;
HAVE AGREED AS FOLLOWS:
IN THIS AGREEMENT, THE EXPRESSION:
"CONTRACTOR PERSONNEL" MEANS EMPLOYEES OF A UNITED STATES CONTRACTOR
WHO ARE NOT ORDINARILY RESIDENT IN ANTIGUA AND WHO ARE THERE SOLELY FOR
THE PURPOSES OF THIS AGREEMENT;
"DEFENSE AREA" MEANS AN AREA IN RESPECT OF WHICH THE GOVERNMENT OF
THE UNITED STATES OF AMERICA (HEREINAFTER CALLED "THE UNITED STATES
GOVERNMENT") IS FOR THE TIME BEING ENTITLED TO HAVE AND ENJOY, IN
ACCORDANCE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, THE RIGHTS,
POWER AND AUTHORITY DESCRIBED IN ARTICLE II;
"DEPENDENTS" MEANS THE SPOUSE AND CHILDREN UNDER 21 OF A PERSON IN
RELATION TO WHOM IT IS USED; AND, IF THEY ARE DEPENDENT UPON HIM FOR
THEIR SUPPORT, THE PARENTS AND CHILDREN OVER 21 OF THE PERSON;
"MEMBERS OF THE UNITED STATES FORCES" MEANS:
(A) MILITARY MEMBERS OF THE UNITED STATES FORCES ON ACTIVE DUTY;
(B) CIVILIAN PERSONNEL ACCOMPANYING THE UNITED STATES FORCES AND IN
THEIR EMPLOY WHO ARE NOT ORDINARILY RESIDENT IN ANTIGUA AND WHO ARE
THERE SOLELY FOR THE PURPOSES OF THIS AGREEMENT; AND
(C) DEPENDENTS OF THE PERSONS DESCRIBED IN (A) AND (B) ABOVE;
"MILITARY PURPOSES" MEANS:
(A) THE INSTALLATION, CONSTRUCTION, MAINTENANCE AND USE OF MILITARY
EQUIPMENT AND FACILITIES, INCLUDING FACILITIES FOR THE TRAINING,
ACCOMMODATION, HOSPITALIZATION, RECREATION, EDUCATION AND WELFARE OF
MEMBERS OF THE UNITED STATES FORCES; AND
(B) ALL OTHER ACTIVITIES OF THE UNITED STATES GOVERNMENT, UNITED
STATES CONTRACTORS AND AUTHORISED SERVICE ORGANIZATIONS CARRIED OUT FOR
THE PURPOSES OF THIS AGREEMENT;
"UNITED STATES CONTRACTOR" MEANS ANY PERSON, BODY OR CORPORATION
ORDINARILY RESIDENT IN THE UNITED STATES OF AMERICA THAT IS IN ANTIGUA
FOR THE PURPOSES OF THIS AGREEMENT BY VIRTUE OF A CONTRACT WITH THE
UNITED STATES GOVERNMENT, AND INCLUDES A SUBCONTRACTOR;
"UNITED STATES FORCES" MEANS THE LAND, SEA AND AIR ARMED SERVICES OF
THE UNITED STATES, INCLUDING THE COAST GUARD;
THE UNITED STATES GOVERNMENT SHALL HAVE AND ENJOY, IN ACCORDANCE WITH
THE TERMS AND CONDITIONS OF THIS AGREEMENT, THE RIGHTS, POWER AND
AUTHORITY WHICH ARE NECESSARY FOR THE DEVELOPMENT, USE, OPERATION AND
PROTECTION FOR MILITARY PURPOSES OF THE DEFENCE AREAS WHICH ARE
DESCRIBED IN THE ANNEX HERETO. THE UNITED STATES GOVERNMENT SHALL HAVE
AND ENJOY SUCH RIGHTS TO ACCESS, RIGHTS OF WAY AND EASEMENTS AS MAY BE
NECESSARY FOR THESE PURPOSES.
THE FLAGS OF THE UNITED STATES AND OF ANTIGUA SHALL FLY SIDE BY SIDE
OVER EACH DEFENCE AREA.
(1) THE DEFENCE AREAS, RIGHTS OF ACCESS, RIGHTS OF WAY AND EASEMENTS
SHALL BE AVAILABLE TO THE UNITED STATES FOR THE TERM OF THIS AGREEMENT,
AND SHALL BE PROVIDED FREE OF RENT AND ALL OTHER CHARGES EXCEPT AS
EXPRESSLY STATED IN THE LEASES CONCLUDED BY APPROPRIATE UNITED STATES
MILITARY AUTHORITIES AND THE GOVERNMENT OF ANTIGUA.
(2) EXCEPT WITH THE PRIOR APPROVAL OF THE GOVERNMENT OF ANTIGUA, THE
UNITED STATES GOVERNMENT SHALL NOT TRANSFER OR ASSIGN ANY RIGHTS
CONFERRED BY OR UNDER THIS AGREEMENT, NOR SHALL THE UNITED STATES
GOVERNMENT PERMIT THE DEFENCE AREAS TO BE USED IN ANY WAY WHATSOEVER BY
ANY OTHER PERSON, BODY OR GOVERNMENT.
(3) THE UNITED STATES GOVERNMENT MAY AT ANY TIME NOTIFY THE
GOVERNMENT OF ANTIGUA THAT IT HAS VACATED AND NO LONGER REQUIRES A
DEFENCE AREA OF A SPECIFIED PORTION THEREOF AND THEREUPON SUCH DEFENCE
AREA OR SUCH PORTION THEREOF SHALL, FOR THE PURPOSES OF THIS AGREEMENT,
CEASE TO BE, OR TO BE A PORTION OF, A DEFENCE AREA, AS THE CASE MAY BE.
(4) EXCEPT FOR THE PURPOSES OF THIS AGREEMENT OR WITH THE CONCURRENCE
OF THE GOVERNMENT OF ANTIGUA, THE UNITED STATES GOVERNMENT SHALL NOT
REMOVE OR DEMOLISH OR OTHERWISE DISPOSE OF ANY PERMANENT CONSTRUCTION OR
INSTALLATION IN A DEFENCE AREA. NO COMPENSATION SHALL BE PAYABLE TO THE
UNITED STATES GOVERNMENT IN RESPECT OF ANY SUCH CONSTRUCTION OR
INSTALLATION. THE UNITED STATES GOVERNMENT SHALL BE ENTITLED TO REMOVE
FREE OF ANY RESTRICTIONS ANY OTHER CONSTRUCTION OR INSTALLATION AND
OTHER PROPERTY NO SO REMOVED.
(5) THE UNITED STATES GOVERNMENT SHALL BE UNDER NO OBLIGATION TO
RESTORE THE DEFENCE AREAS TO THE CONDITION IN WHICH THEY WERE AT ANY
TIME PRIOR TO THEIR CEASING TO BE DEFENCE AREAS.
(6) ALL MINERALS (INCLUDING OIL), ANTIQUITIES AND TREASURE TROVE IN
THE DEFENCE AREAS AND ALL RIGHTS RELATING THERETO ARE RESERVED TO THE
GOVERNMENT OF ANTIGUA, BUT ANY EXPLOITATION THEREOF SHALL BE WITH THE
CONCURRENCE OF THE UNITED STATES GOVERNMENT.
(1) MEMBERS OF THE UNITED STATES FORCES WHO MAY BE BROUGHT INTO
ANTIGUA FOR THE PURPOSES OF THIS AGREEMENT SHALL BE EXEMPT FROM PASSPORT
AND VISA REQUIREMENTS, IMMIGRATION INSPECTION AND ANY REGISTRATION OR
CONTROL AS ALIENS; SUCH PERSONS SHALL BE FURNISHED WITH APPROPRIATE
IDENTIFICATION CARDS, SPECIMENS OF WHICH SHALL BE SUPPLIED TO THE
GOVERNMENT OF ANTIGUA.
(2) NO MILITARY MEMBER OF THE UNITED STATES FORCES SHALL BE
DISCHARGED IN ANTIGUA WITHOUT THE CONSENT OF THE GOVERNMENT OF ANTIGUA.
THE UNITED STATES GOVERNMENT SHALL INFORM THE GOVERNMENT OF ANTIGUA OF
ANY CHANGE IN THE STATUS OF ANY OTHER MEMBER OF THE UNITED STATES FORCES
AND SHALL BE RESPONSIBLE FOR TAKING SUCH STEPS AS ARE OPEN TO IT FOR HIS
REMOVAL FROM ANTIGUA IF THE GOVERNMENT OF THE LATTER SHOULD SO REQUEST.
(3) THE UNITED STATES GOVERNMENT SHALL TAKE STEPS TO ENSURE THE
CORRECT BEHAVIOUR OF ALL MEMBERS OF THE UNITED STATES FORCES AND SHALL,
AT THE REQUEST OF THE GOVERNMENT OF ANTIGUA, REMOVE AS SOON AS POSSIBLE
ANY MEMBER OF THE UNITED STATES FORCES WHOSE CONDUCT RENDERS HIS
PRESENCE IN ANTIGUA UNDESIRABLE TO THE GOVERNMENT OF ANTIGUA.
(1) THE UNITED STATES GOVERNMENT AND UNITED STATES CONTRACTORS MAY
PURCHASE LOCALLY GOODS AND SERVICES REQUIRED FOR THE PURPOSES OF THIS
AGREEMENT. SUBJECT TO UNITED STATES POLICIES OR REGULATIONS, PREFERENCE
SHALL BE GIVEN TO THE PROCUREMENT OF GOODS IN, AND TO THE EMPLOYMENT OF
CONTRACTORS AND WORKERS FROM, ANTIGUA.
(2) IN THE FIXING OF TERMS OF EMPLOYMENT FOR SUCH CONTRACTORS AND
WORKERS, PARTICULARLY IN RESPECT OF WAGES AND CONDITIONS OF WORK,
SUPPLEMENTARY PAYMENTS, INSURANCE AND CONDITIONS FOR THE PROTECTION OF
WORKERS, CLUBS AND RECREATIONAL FACILITIES, FULL REGARD SHALL BE GIVEN
TO EMPLOYMENT PRACTICES GENERALLY OBTAINING FOR SIMILAR EMPLOYMENT IN
ANTIGUA, AND IN NO CASE SHALL THE TERMS OF EMPLOYMENT FOR SUCH WORKERS
BE INFERIOR TO THOSE LAID DOWN BY ANY LEGISLATION IN FORCE IN ANTIGUA,
OR ANY INTERNATIONAL CONVENTION THE PROVISIONS OF WHICH HAVE BEEN
ADOPTED BY THE UNITED STATES GOVERNMENT AND WHICH APPLY TO ANTIGUA.
(1) THE UNITED STATES FORCES, UNITED STATES CONTRACTORS AND THE
MEMBERS OF THE UNITED STATES FORCES AND CONTRACTOR PERSONNEL MAY USE THE
PUBLIC SERVICES AND FACILITIES BELONGING TO OR CONTROLLED OR REGULATED
BY THE GOVERNMENT OF ANTIGUA. THE TERMS OF USE, INCLUDING CHARGES,
SHALL BE NO LESS FAVOURABLE THAN THOSE AVAILABLE TO OTHER USERS UNLESS
OTHERWISE AGREED. NO LANDING CHARGES SHALL, HOWEVER, BE PAYABLE BY THE
UNITED STATES GOVERNMENT BY REASON OF THE USE BY AIRCRAFT OWNED OR
OPERATED BY OR ON BEHALF OF THE UNITED STATES GOVERNMENT OF ANY AIRPORT
IN ANTIGUA. THERE SHALL BE SUCH CONTRIBUTION BY THE UNITED STATES
GOVERNMENT TO THE MAINTENANCE AND OPERATING COSTS OF ANY AIRPORT AS MAY
BE FAIR AND REASONABLE, HAVING REGARD TO THE USE MADE OF IT BY SUCH
AIRCRAFT. THE AMOUNT OF SUCH CONTRIBUTION SHALL BE SUBJECT TO AGREEMENT
BETWEEN THE UNITED STATES GOVERNMENT AND THE GOVERNMENT OF ANTIGUA;
(2) THERE SHALL BE NO TOLL CHARGES, INCLUDING LIGHT AND HARBOUR DUES,
ON UNITED STATES GOVERNMENT VESSELS USING PORT FACILITIES IN ANTIGUA,
NOR SHALL SUCH VESSELS BE SUBJECT TO COMPULSORY PILOTAGE.
(3) LIGHTS AND OTHER AIDS TO NAVIGATION OF VESSELS AND AIRCRAFT
PLACED OR ESTABLISHED IN THE DEFENCE AREAS AND TERRITORIAL WATERS
ADJACENT THERETO OR IN THE VICINITY THEREOF BY THE UNITED STATES
GOVERNMENT SHALL CONFORM TO THE SYSTEM IN USE IN ANTIGUA. THE POSITION
AND CHARACTERISTICS OF ANY SUCH LIGHTS OR OTHER AIDS AND ANY ALTERATIONS
THEREOF SHALL BE DETERMINED IN CONSULTATION WITH THE APPROPRIATE
AUTHORITY OF ANTIGUA.
(1) NO TAXES OR DUTIES OF CUSTOMS SHALL BE IMPOSED UPON THE
IMPORTATION OR EXPORTATION OF:
(A) MATERIALS AND EQUIPMENT IMPORTED BY OR FOR THE USE OF THE UNITED
STATES FORCES AND UNITED STATES CONTRACTORS FOR THE PURPOSE OF THIS
AGREEMENT AND, IF REQUIRED, CERTIFIED AS SUCH ON BEHALF OF THE UNITED
STATES GOVERNMENT;
(B) THE PERSONAL EFFECTS AND HOUSEHOLD GOODS, INCLUDING PRIVATELY
OWNED AUTOMOBILES, IMPORTED BY MEMBERS OF THE UNITED STATES FORCES,
UNITED STATES CONTRACTORS AND CONTRACTOR PERSONNEL ON FIRST ARRIVAL IN
ANTIGUA OR WITHIN SIX MONTHS THEREAFTER AND RELATED THERETO.
(2) NO EXCISE, CONSUMPTION OR OTHER DUTY SHALL BE LEVIED OR CHARGED
ON ANY GOODS OR MATERIALS PURCHASED LOCALLY BY OR FOR THE USE OF THE
UNITED STATES GOVERNMENT FOR THE PURPOSES OF THIS AGREEMENT.
(3) WHERE THE LEGAL INCIDENCE OF ANY FORM OF TAXATION IN ANTIGUA
DEPENDS ON RESIDENCE OR DOMICILE, PERIODS DURING WHICH MEMBERS OF THE
UNITED STATES FORCES, UNITED STATES CONTRACTORS OR CONTRACTOR PERSONNEL
ARE IN ANTIGUA SOLELY BY REASON OF THIS AGREEMENT SHALL NOT BE
CONSIDERED AS PERIODS OF RESIDENCE (OR AS CREATING A CHANGE OF RESIDENCE
OR DOMICILE) FOR THE PURPOSES OF SUCH TAXATION. MEMBERS OF THE UNITED
STATES FORCES, UNITED STATES CONTRACTORS AND CONTRACTOR PERSONNEL SHALL
BE EXEMPT FROM TAXATION IN ANTIGUA ON THE SALARY AND EMOLUMENTS RECEIVED
BY THEM AS SUCH, ON ANY TANGIBLE MOVABLE PROPERTY WITHIN A DEFENCE AREA
AND ON THE OWNERSHIP OF SUCH PROPERTY OUTSIDE A DEFENCE AREA WHICH IS IN
ANTIGUA SOLELY BY REASON OF THIS AGREEMENT.
(4) NOTHING IN THIS ARTICLE SHALL PREVENT TAXATION OF MEMBERS OF THE
UNITED STATES FORCES, UNITED STATES CONTRACTORS OR CONTRACTOR PERSONNEL
WITH RESPECT TO ANY PROFITABLE ENTERPRISE OTHER THAN THEIR EMPLOYMENT AS
SUCH IN WHICH THEY MAY ENGAGE IN ANTIGUA, AND EXCEPT AS REGARDS SALARY
AND EMOLUMENTS AND THE TANGIBLE MOVABLE PROPERTY REFERRED TO IN THE THE
PRECEDING PARAGRAPH, NOTHING IN THIS ARTICLE SHALL PREVENT TAXATION TO
WHICH, EVEN IF REGARDED AS RESIDENT OR DOMICILED OUTSIDE ANTIGUA, SUCH
PERSONS ARE LIABLE UNDER THE LAW OF ANTIGUA.
(5) UNITED STATES GOVERNMENT VEHICLES SHALL BE EXEMPTED FROM ALL
FEES, TAXES AND OTHER CHARGES. EACH VEHICLE SHALL CARRY IN ADDITION TO
ITS REGISTRATION NUMBER A DISTINCT NATIONALITY MARK IN FRONT AND REAR.
A LIST OF ALL SUCH VEHICLES AND THEIR REGISTRATION NUMBERS SHALL BE
FURNISHED TO THE GOVERNMENT OF ANTIGUA. PRIVATELY OWNED AUTOMOBILES
IMPORTED BY MEMBERS OF THE UNITED STATES FORCES WHICH QUALIFY FOR
EXEMPTION UNDER PARAGRAPH (1)(B) OF THIS ARTICLE SHALL ALSO BE EXEMPT
FROM MOTOR VEHICLES TAX, OR ANY OTHER TAX, DUTY OR CHARGE OF A SIMILAR
NATURE.
(6) THE AUTHORITIES OF THE UNITED STATES FORCES AND ANTIGUA SHALL
COLLABORATE IN MEASURES TO BE TAKEN TO PREVENT ABUSE OF THE PRIVILEGES
GRANTED UNDER THIS ARTICLE.
(1) SUBJECT TO THE PROVISIONS OF THIS ARTICLE,
(A) THE MILITARY AUTHORITIES OF THE UNITED STATES SHALL HAVE THE
RIGHT TO EXERCISE WITHIN ANTIGUA ALL CRIMINAL AND DISCIPLINARY
JURISDICTION CONFERRED ON THEM BY UNITED STATES LAW OVER ALL PERSONS
SUBJECT TO THE MILITARY LAW OF THE UNITED STATES;
(B) THE AUTHORITIES OF ANTIGUA SHALL HAVE JURISDICTION OVER MEMBERS
OF THE UNITED STATES FORCES WITH RESPECT TO OFFENCES COMMITTED WITHIN
ANTIGUA AND PUNISHABLE BY THE LAW IN FORCE THERE.
(2) (A) THE MILITARY AUTHORITIES OF THE UNITED STATES SHALL HAVE THE
RIGHT TO EXERCISE EXCLUSIVE JURISDICTION OVER PERSONS SUBJECT TO THE
MILITARY LAW OF THE UNITED STATES WITH RESPECT TO OFFENCES, INCLUDING
OFFENCES RELATING TO SECURITY, PUNISHABLE BY THE LAW OF THE UNITED
STATES BUT NOT BY THE LAW IN ANTIGUA.
(B) THE AUTHORITIES OF ANTIGUA SHALL HAVE THE RIGHT TO EXERCISE
EXCLUSIVE JURISDICTION OVER MEMBERS OF THE UNITED STATES FORCES WITH
RESPECT TO OFFENCES, INCLUDING OFFENCES RELATING TO SECURITY, PUNISHABLE
BY THE LAW IN FORCE IN ANTIGUA BUT NOT BY THE LAW OF THE UNITED STATES.
(C) FOR THE PURPOSES OF THIS PARAGRAPH AND OF PARAGRAPH (3) OF THIS
ARTICLE, AN OFFENCE RELATING TO SECURITY SHALL INCLUDE
(I) TREASON;
(II) SABOTAGE, ESPIONAGE OR VIOLATION OF ANY LAW RELATING TO OFFICIAL
SECRETS OR SECRETS RELATING TO NATIONAL DEFENCE.
(3) IN CASES WHERE THE RIGHT TO EXERCISE JURISDICTION IS CONCURRENT
THE FOLLOWING RULES SHALL APPLY:
(A) THE MILITARY AUTHORITIES OF THE UNITED STATES SHALL HAVE THE
PRIMARY RIGHT TO EXERCISE JURISDICTION OVER A MEMBER OF THE UNITED
STATES FORCES IN RELATION TO
(I) OFFENCES SOLELY AGAINST THE PROPERTY OR SECURITY OF THE UNITED
STATES OR OFFENCES SOLELY AGAINST THE PERSON OR PROPERTY OF ANOTHER
MEMBER OF THE UNITED STATES FORCES;
(II) OFFENCES ARISING OUT OF ANY ACT OR OMISSION DONE IN THE
PERFORMANCE OF OFFICIAL DUTY.
(B) IN THE CASE OF ANY OTHER OFFENCE THE AUTHORITIES OF ANTIGUA SHALL
HAVE THE PRIMARY RIGHT TO EXERCISE JURISDICTION.
(C) IF THE AUTHORITIES HAVING THE PRIMARY RIGHT DECIDE NOT TO
EXERCISE JURISDICTION, THEY SHALL NOTIFY THE OTHER AUTHORITIES AS SOON
AS PRACTICABLE. THE UNITED STATES AUTHORITIES SHALL GIVE SYMPATHETIC
CONSIDERATION TO A REQUEST FROM THE AUTHORITIES OF ANTIGUA FOR A WAIVER
OF THEIR PRIMARY RIGHT IN CASES WHERE THE AUTHORITIES OF ANTIGUA
CONSIDER SUCH WAIVER TO BE OF PARTICULAR IMPORTANCE. THE AUTHORITIES OF
ANTIGUA WILL WAIVE, UPON REQUEST, THEIR PRIMARY RIGHT TO EXERCISE
JURISDICTION UNDER THIS ARTICLE, EXCEPT WHERE THEY IN THEIR DISCRETION
DETERMINE AND NOTIFY THE UNITED STATES AUTHORITIES THAT IT IS OF
PARTICULAR IMPORTANCE THAT SUCH JURISDICTION BE NOT WAIVED.
(4) THE FOREGOING PROVISIONS OF THIS ARTICLE SHALL NOT IMPLY ANY
RIGHT FOR THE MILITARY AUTHORITIES OF THE UNITED STATES TO EXERCISE
JURISDICTION OVER PERSONS WHO BELONG TO, OR ARE ORDINARILY RESIDENT IN,
ANTIGUA UNLESS THEY ARE MILITARY MEMBERS OF THE UNITED STATES FORCES.
(5) (A) TO THE EXTENT AUTHORISED BY LAW, THE AUTHORITIES OF ANTIGUA
AND THE MILITARY AUTHORITIES OF THE UNITED STATES SHALL ASSIST EACH
OTHER IN THE SERVICE OF PROCESS AND IN THE ARREST OF MEMBERS OF THE
UNITED STATES FORCES IN ANTIGUA AND IN HANDING THEM OVER TO THE
AUTHORITIES WHICH ARE TO EXERCISE JURISDICTION IN ACCORDANCE WITH THE
PROVISIONS OF THIS ARTICLE.
(B) THE AUTHORITIES OF ANTIGUA SHALL NOTIFY PROMPTLY THE MILITARY
AUTHORITIES OF THE UNITED STATES OF THE ARREST OF ANY MEMBER OF THE
UNITED STATES FORCES.
(C) UNLESS OTHERWISE AGREED, THE CUSTODY OF AN ACCUSED MEMBER OF THE
UNITED STATES FORCES OVER WHOM THE AUTHORITIES OF ANTIGUA ARE TO
EXERCISE JURISDICTION SHALL, IF HE IS IN THE HANDS OF THE UNITED STATES
AUTHORITIES, REMAIN WITH THE UNITED STATES AUTHORITIES UNTIL HE IS
CHARGED. IN CASES WHERE THE UNITED STATES AUTHORITIES MAY HAVE THE
RESPONSIBILITY FOR CUSTODY PENDING THE COMPLETION OF JUDICIAL
PROCEEDINGS, THE UNITED STATES AUTHORITIES SHALL, UPON REQUEST, MAKE
SUCH A PERSON IMMEDIATELY AVAILABLE TO THE AUTHORITIES OF ANTIGUA FOR
PURPOSES OF INVESTIGATION AND TRIAL AND SHALL GIVE FULL CONSIDERATION TO
ANY SPECIAL VIEWS OF SUCH AUTHORITIES AS TO THE WAY IN WHICH CUSTODY
SHOULD BE MAINTAINED.
(6) (A) TO THE EXTENT AUTHORISED BY LAW, THE AUTHORITIES OF ANTIGUA
AND OF THE UNITED STATES SHALL ASSIST EACH OTHER IN THE CARRYING OUT OF
ALL NECESSARY INVESTIGATIONS INTO OFFENCES, IN PROVIDING FOR THE
ATTENDANCE OF WITNESSES AND IN THE COLLECTION AND PRODUCTION OF
EVIDENCE, INCLUDING THE SEIZURE AND, IN PROPER CASES, THE HANDING OVER
OF OBJECTS CONNECTED WITH AN OFFENCE. THE HANDING OVER OF SUCH OBJECTS
MAY, HOWEVER, BE MADE SUBJECT TO THEIR RETURN WITHIN THE TIME SPECIFIED
BY THE AUTHORITIES DELIVERING THEM.
(B) THE AUTHORITIES OF ANTIGUA AND OF THE UNITED STATES SHALL NOTIFY
ONE ANOTHER OF THE DISPOSITION OF ALL CASES IN WHICH THERE ARE
CONCURRENT RIGHTS TO EXERCISE JURISDICTION.
(7) A DEATH SENTENCE SHALL NOT BE CARRIED OUT IN ANTIGUA BY THE
MILITARY AUTHORITIES OF THE UNITED STATES IF THE LEGISLATION OF ANTIGUA
DOES NOT PROVIDE FOR SUCH PUNISHMENT IN A SIMILAR CASE.
(8) WHERE AN ACCUSED HAS BEEN TRIED IN ACCORDANCE WITH THE PROVISIONS
OF THIS ARTICLE AND HAS BEEN ACQUITTED, OR HAS BEEN CONVICTED AND IS
SERVING, OR HAS SERVED, HIS SENTENCE OR HAS BEEN PARDONED, HE MAY NOT BE
TRIED AGAIN FOR THE SAME OFFENCE WITHIN ANTIGUA. NOTHING IN THIS
PARAGRAPH SHALL, HOWEVER, PREVENT THE MILITARY AUTHORITIES OF THE UNITED
STATES FROM TRYING A MILITARY MEMBER OF THE UNITED STATES FORCES FOR ANY
VIOLATION OF RULES OF DISCIPLINE ARISING FROM AN ACT OR OMISSION WHICH
CONSTITUTED AN OFFENCE FOR WHICH HE WAS TRIED BY THE AUTHORITIES OF
ANTIGUA.
(9) WHENEVER A MEMBER OF THE UNITED STATES FORCES IS PROSECUTED BY
THE AUTHORITIES OF ANTIGUA HE SHALL BE ENTITLED:
(A) TO A PROMPT AND SPEEDY TRIAL;
(B) TO BE INFORMED IN ADVANCE OF TRIAL OF THE SPECIFIC CHARGE OR
CHARGES MADE AGAINST HIM;
(C) TO BE CONFRONTED WITH THE WITNESSES AGAINST HIM;
(D) TO HAVE COMPULSORY PROCESS FOR OBTAINING WITNESSES IN HIS FAVOUR
IF THEY ARE WITHIN THE JURISDICTION OF ANTIGUA;
(E) TO HAVE LEGAL REPRESENTATION OF HIS OWN CHOICE FOR HIS DEFENCE OR
TO HAVE FREE OR ASSISTED LEGAL REPRESENTATION UNDER THE CONDITIONS
PREVAILING FOR THE TIME BEING IN ANTIGUA.
(F) IF HE CONSIDERS IT NECESSARY, TO HAVE THE SERVICES OF A COMPETENT
INTERPRETER; AND
(G) TO COMMUNICATE WITH A REPRESENTATIVE OF THE UNITED STATES AND,
WHEN THE RULES OF THE COURT PERMIT, TO HAVE SUCH A REPRESENTATIVE
PRESENT AT HIS TRIAL WHICH SHALL BE PUBLIC EXCEPT WHEN THE COURT DECREES
OTHERWISE IN ACCORDANCE WITH THE LAW IN FORCE IN ANTIGUA.
(10) WHERE A MEMBER OF THE UNITED STATES FORCES IS TRIED BY THE
MILITARY AUTHORITIES OF THE UNITED STATES FOR AN OFFENCE COMMITTED
OUTSIDE A DEFENCE AREA OR INVOLVING A PERSON, OR THE PROPERTY OF A
PERSON, OTHER THAN A MEMBER OF THE UNITED STATES FORCES, THE AGGRIEVED
PARTY AND REPRESENTATIVES OF ANTIGUA AND OF THE AGGRIEVED PARTY MAY
ATTEND THE TRIAL PROCEEDINGS EXCEPT WHERE THIS WOULD BE INCONSISTENT
WITH THE RULES OF THE COURT.
(11) A CERTIFICATE OF THE APPROPRIATE UNITED STATES COMMANDING
OFFICER THAT AN OFFENCE AROSE OUT OF AN ACT OR OMISSION DONE IN THE
PERFORMANCE OF OFFICIAL DUTY SHALL BE CONCLUSIVE, BUT THE COMMANDING
OFFICER SHALL GIVE CONSIDERATION TO ANY REPRESENTATION MADE BY THE
GOVERNMENT OF ANTIGUA.
(12) REGULARLY CONSTITUTED MILITARY UNITS OR INFORMATION OF THE
UNITED STATES FORCES SHALL HAVE THE RIGHT TO POLICE THE DEFENCE AREAS.
THE MILITARY POLICE OF THE UNITED STATES FORCES MAY TAKE ALL APPROPRIATE
MEASURES TO ENSURE THE MAINTENANCE OF ORDER AND SECURITY WITHIN SUCH
DEFENCE AREAS.
(1) THE UNITED STATES GOVERNMENT AGREES TO PAY JUST AND REASONABLE
COMPENSATION IN SETTLEMENT OF CIVIL CLAIMS (OTHER THAN CONTRACTUAL
CLAIMS) ARISING OUT OF ACTS OR OMISSIONS OF MEMBERS OF THE UNITED STATES
FORCES DONE IN THE PERFORMANCE OF OFFICIAL DUTY OR OUT OF ANY OTHER ACT,
OMISSION OR OCCURRENCE FOR WHICH THE UNITED STATES FORCES ARE LEGALLY
RESPONSIBLE.
(2) ALL SUCH CLAIMS SHALL BE PROCESSED AND SETTLED IN ACCORDANCE WITH
THE APPLICABLE PROVISIONS OF UNITED STATES LAW.
THE UNITED STATES GOVERNMENT MAY WITH THE CONCURRENCE OF THE
GOVERNMENT OF ANTIGUA MAKE TOPOGRAPHIC, HYDROGRAPHIC AND OTHER SIMILAR
SURVEYS (WHICH MAY INCLUDE THE TAKING OF AERIAL PHOTOGRAPHS) IN ANTIGUA,
INCLUDING THE TERRITORIAL WATERS THEREOF. WHEN ANY SURVEY IS TO BE MADE
OUTSIDE THE DEFENCE AREAS, THE UNITED STATES GOVERNMENT SHALL NOTIFY THE
GOVERNMENT OF ANTIGUA, WHICH MAY DESIGNATE AN OFFICIAL REPRESENTATIVE TO
BE PRESENT. COPIES OF THE DATA RESULTING FROM SUCH SURVEYS SHALL BE
FURNISHED WITHOUT COST TO THE GOVERNMENT OF ANTIGUA.
THE USE OF RADIO FREQUENCIES, POWERS AND BAND WIDTHS FOR
COMMUNICATION, DETECTION, AND RESEARCH AND TEST OPERATIONS FOR THE
PURPOSES OF THIS AGREEMENT SHALL BE SUBJECT TO THE CONCURRENCE OF THE
GOVERNMENT OF ANTIGUA.
THE UNITED STATES GOVERNMENT MAY ESTABLISH AND OPERATE UNITED STATES
POST OFFICES IN THE DEFENCE AREAS FOR DOMESTIC USE BETWEEN SUCH POST
OFFICES, AND BETWEEN SUCH POST OFFICES AND OTHER UNITED STATES POST
OFFICES. THESE POST OFFICES SHALL BE FOR THE EXCLUSIVE USE OF THE
UNITED STATES GOVERNMENT AND MEMBERS OF THE UNITED STATES FORCES AND OF
UNITED STATES CONTRACTORS, CONTRACTOR PERSONNEL, UNITED STATES
DIPLOMATIC OR CONSULAR REPRESENTATIVES IN ANTIGUA AND THEIR DEPENDENTS.
THE UNITED STATES GOVERNMENT SHALL HAVE THE RIGHT TO ESTABLISH AND
OPERATE IN THE DEFENCE AREAS AGENCIES SUCH AS COMMISSARY STORES,
MILITARY SERVICE EXCHANGES AND SOCIAL CLUBS FOR THE USE OF MEMBERS OF
THE UNITED STATES FORCES AND OF UNITED STATES CONTRACTORS, CONTRACTOR
PERSONNEL, UNITED STATES DIPLOMATIC OR CONSULAR REPRESENTATIVES IN
ANTIGUA AND THEIR DEPENDANTS. SUCH AGENCIES AND THE MERCHANDISE AND
SERVICES SOLD OR DISPENSED BY THEM SHALL BE FREE OF ALL TAXES, DUTIES
AND IMPOSTS. THE AUTHORITIES OF THE UNITED STATES FORCES AND OF ANTIGUA
SHALL COLLABORATE IN MEASURES TO BE TAKEN TO PREVENT ABUSE OF THE
PRIVILEGES GRANTED UNDER THIS ARTICLE.
THE APPROPRIATE AUTHORITIES SHALL COLLABORATE IN THE ENFORCEMENT IN
THE DEFENCE AREAS OF THE HEALTH AND QUARANTINE LAWS IN FORCE IN ANTIGUA.
THESE AUTHORITIES SHALL ALSO COLLABORATE IN MAKING ARRANGEMENTS FOR THE
IMPROVEMENT OF SANITATION AND THE PROTECTION OF HEALTH IN AREAS OUTSIDE,
BUT IN THE VICINITY OF, THE DEFENCE AREAS.
(1) THE UNITED STATES GOVERNMENT SHALL COLLABORATE WITH THE
GOVERNMENT OF ANTIGUA IN ENSURING COMPLIANCE WITH ANY FOREIGN EXCHANGE
LAW IN FORCE IN ANTIGUA. THE UNITED STATES FORCES AND UNITED STATES
CONTRACTORS MAY POSSESS AND USE UNITED STATES CURRENCY FOR OFFICIAL
PURPOSES, INCLUDING THE PAYMENT OF PERSONNEL, AND MAY PURCHASE AND USE
LOCAL CURRENCY.
(2) MEMBERS OF THE UNITED STATES FORCES AND CONTRACTOR PERSONNEL MAY
USE FOR INTERNAL TRANSACTIONS AND EXPORT UNITED STATES CURRENCY RECEIVED
FROM THE UNITED STATES FORCES OR UNITED STATES CONTRACTORS.
(3) THE APPROPRIATE AUTHORITIES SHALL COLLABORATE IN THE
ESTABLISHMENT OF FACILITIES TO PERMIT THE PURCHASE OF LOCAL CURRENCY
WITH UNITED STATES CURRENCY AND TO PREVENT UNAUTHORIZED TRANSACTIONS IN
EITHER CURRENCY.
(1) THE GOVERNMENT OF ANTIGUA SHALL HONOUR WITHOUT DRIVING TEST OR
FEE DRIVING PERMITS ISSUED BY THE UNITED STATES OR A SUBDIVISION THEREOF
TO MEMBERS OF THE UNITED STATES FORCES AND TO UNITED STATES CONTRACTORS,
CONTRACTOR PERSONNEL AND THEIR DEPENDANTS, OR ISSUE ITS OWN DRIVING
PERMITS WITHOUT TEST OR FEE TO SUCH PERSONS WHO HOLD SUCH UNITED STATES
PERMITS. MEMBERS OF THE UNITED STATES FORCES AND UNITED STATES
CONTRACTORS, CONTRACTOR PERSONNEL AND THEIR DEPENDANTS WHO DO NOT HOLD
DRIVING PERMITS ISSUED BY THE UNITED STATES OR A SUBDIVISION THEREOF
SHALL BE REQUIRED TO OBTAIN LICENCES IN ACCORDANCE WITH THE LAW IN FORCE
IN ANTIGUA.
(2) THE UNITED STATES AUTHORITIES IN COLLABORATION WITH THE
AUTHORITIES OF ANTIGUA SHALL ISSUE APPROPRIATE INSTRUCTIONS TO MEMBERS
OF THE UNITED STATES FORCES AND TO UNITED STATES CONTRACTORS, CONTRACTOR
PERSONNEL AND THEIR DEPENDANTS, FULLY INFORMING THEM OF THE TRAFFIC LAWS
IN FORCE IN ANTIGUA AND REQUIRING STRICT COMPLIANCE THEREWITH.
(1) SAVE AS IS EXPRESSLY PROVIDED IN THIS AGREEMENT, NOTHING HEREIN
SHALL BE SO CONSTRUED AS TO IMPAIR THE AUTHORITY OF THE GOVERNMENT OF
ANTIGUA WITH REGARD TO THE AFFAIRS OF ANTIGUA.
(2) MEMBERS OF THE UNITED STATES FORCES, UNITED STATES CONTRACTORS
AND CONTRACTOR PERSONNEL IN ANTIGUA FOR THE PURPOSE OF THIS AGREEMENT
SHALL RESPECT THE LAWS OF ANTIGUA AND REFRAIN FROM ANY ACTIVITY
INCONSISTENT WITH THE SPIRIT OF THIS AGREEMENT. SUCH PERSONNEL SHALL
NOT TAKE PART DIRECTLY OR INDIRECTLY IN THE POLITICAL AFFAIRS OF
ANTIGUA.
(3) IN THE EXERCISE OF THE PRIVILEGES AND FACILITIES GRANTED UNDER
THIS AGREEMENT, THE UNITED STATES GOVERNMENT SHALL TAKE EVERY
PRACTICABLE MEASURE TO ENSURE THE SAFETY AND SAFEGUARD THE INTERESTS OF
THE PEOPLES OF ANTIGUA.
THE UNITED STATES GOVERNMENT SHALL PERMIT, WHERE AGREED TO BE
PRACTICABLE AND ON SUCH CONDITIONS AS MAY BE AGREED, THE USE OF
INSTALLATIONS AND FACILITIES IN THE DEFENCE AREAS FOR THE APPRENTICESHIP
AND INDUSTRIAL TRAINING OF PERSONS FROM ANTIGUA, AND ALSO FOR TRAINING
PROGRAMMES DESIGNED TO PERMIT PROPER PARTICIPATION BY SUCH PERSONS IN
THE PERFORMANCE OF FUNCTIONS CONNECTED WITH DEFENCE AND SECURITY. ON
SUCH CONDITIONS AS MAY BE AGREED, WELFARE COMMUNICATIONS FACILITIES IN
THE DEFENCE AREAS MAY BE USED FOR EDUCATIONAL, CULTURAL AND SOCIAL
PROGRAMMES OF GENERAL INTEREST TO THE PEOPLE OF ANTIGUA.
NOTHING IN THIS AGREEMENT SHALL IMPAIR THE FREEDOM OF MOVEMENT WITHIN
ANTIGUA OF ITS COMPETENT AUTHORITIES. THE DESIGNATION OF COMPETENT
AUTHORITIES IN RESPECT OF A DEFENCE AREA SHALL BE WITH THE CONCURRENCE
OF THE UNITED STATES AUTHORITIES. ACCESS MAY NOT BE GRANTED TO SECURE
AREAS WITHIN THE DEFENCE AREAS.
THERE SHALL BE ESTABLISHED A JOINT CONSULTATIVE BOARD, CONSISTING OF
REPRESENTATIVES OF THE UNITED STATES GOVERNMENT AND THE GOVERNMENT OF
THE ISLANDS, WHICH SHALL KEEP THE IMPLEMENTATION OF THIS AGREEMENT UNDER
REVIEW.
THE PROVISIONS CONTAINED IN THE ANNEX HERETO SHALL BE READ AND
CONSTRUED AS PART OF THIS AGREEMENT.
UPON THE COMING INTO FORCE OF THIS AGREEMENT, THE PROVISIONS OF THE
FOLLOWING AGREEMENT (INCLUDING ANY AMENDMENTS, MODIFICATIONS AND
EXTENSIONS THEREOF)--
AND OF ANY OTHER AGREEMENT BETWEEN THE GOVERNMENT OF THE UNITED KINGDOM
AND THE UNITED STATES GOVERNMENT CONCERNING THE GRANT OF RIGHTS TO THE
UNITED STATES GOVERNMENT WITH RESPECT TO DEFENCE FACILITIES IN ANTIGUA
SHALL, SAVE AS EXPRESSLY PROVIDED IN THIS AGREEMENT, CEASE TO HAVE ANY
FORCE OR EFFECT IN SO FAR AS THEY RELATE TO ANTIGUA.
(1) THIS AGREEMENT SHALL COME INTO FORCE ON JANUARY 1, 1978, AND
SHALL REMAIN IN FORCE THROUGH DECEMBER 31, 1988.
(2) AS EARLY AS PRACTICABLE IN THE YEAR 1988, THE UNITED STATES
GOVERNMENT AND THE GOVERNMENT OF ANTIGUA WILL CONSULT CONCERNING THE
RENEWAL OR EXTENSION OF THIS AGREEMENT BEYOND DECEMBER 31, 1988. IF
ACCEPTABLE TO BOTH GOVERNMENTS THEY SHALL ENTER INTO NEGOTIATIONS TO
RENEW OR EXTEND THE AGREEMENT FOR A MUTUALLY ACCEPTABLE PERIOD OF TIME.
IN WITNESS WHEREOF THE UNDERSIGNED, DULY AUTHORISED THERETO BY THEIR
RESPECTIVE GOVERNMENTS, HAVE SIGNED THIS AGREEMENT.
DONE IN DUPLICATE AT WASHINGTON ON THE 14TH DAY OF DECEMBER, 1977.
FOR THE GOVERNMENT OF THE UNITED STATES OF AMERICA
FOR THE GOVERNMENT OF ANTIGUA
DEFENCE AREAS, RIGHTS OF WAY AND EASEMENTS
(1) THE ATTACHED MAP NO. 1 SHOWS, BUT NOT DEFINITIVELY, THE DEFENCE
AREAS, CERTAIN RIGHTS OF ACCESS, RIGHTS OF WAY AND EASEMENTS. THE
DEFENCE AREAS SHALL AS SOON AS MAY BE PRACTICABLE BE DEFINITIVELY
DESCRIBED BY AGREEMENT BETWEEN THE UNITED STATES GOVERNMENT, AND THE
GOVERNMENT OF ANTIGUA.
NATURE OF RIGHTS
(2) (A) THE RIGHTS VESTED IN THE UNITED STATES GOVERNMENT BY VIRTUE
OF THIS AGREEMENT INCLUDE THE RIGHT TO MAINTAIN AND OPERATE WITHIN THE
DEFENCE AREAS AN ELECTRONIC RESEARCH AND TEST STATION AND AN
OCEANOGRAPHIC RESEARCH STATION, INCLUDING THEIR ASSOCIATED
INSTRUMENTATION, DETECTION AND COMMUNICATIONS SYSTEMS. THE UNITED
STATES GOVERNMENT SHALL ALSO HAVE THE RIGHT TO LAUNCH, FLY AND LAND TEST
VEHICLES;
(B) NO WIRELESS STATION, SUBMARINE CABLE, LAND LINE OR OTHER
INSTALLATION SHALL BE ESTABLISHED BY THE UNITED STATES GOVERNMENT
OUTSIDE THE DEFENCE AREAS EXCEPT AT SUCH PLACE OR PLACES AS MAY BE
AGREED. ANY SUBMARINE CABLE OR WIRELESS STATION SHALL BE SITED AND
OPERATED IN SUCH A WAY THAT IT WILL NOT CAUSE INTERFERENCE WITH
ESTABLISHED CIVIL COMMUNICATIONS.
(C) WHEN SUBMARINE CABLES ARE NO LONGER REQUIRED FOR THE PURPOSE OF
THIS AGREEMENT, THEIR DISPOSAL OR FUTHER USE SHALL BE SUBJECT TO
CONSULTATION BETWEEN THE PARTIES AND, IN THE ABSENCE OF AGREEMENT, THEY
SHALL BE REMOVED BY AND AT THE EXPENSE OF THE UNITED STATES GOVERNMENT.
(D) THE UNITED STATES GOVERNMENT SHALL HAVE SUCH USE OF THE FORESHORE
AND OF THE INTERNAL AND TERRITORIAL WATERS ADJACENT TO THE DEFENCE AREAS
AS SHALL BE MUTUALLY AGREED. ANY SUCH AGREED USE SHALL NOT INTERFERE
WITH NAVIGATION BUT MAY ENTAIL THE RESTRICTION OF ANCHORING, FISHING AND
LANDING IN AGREED AREAS.
ROADS
(3) (A) THE ROADS RUNNING THROUGH THE DEFENCE AREA WHICH ARE OPEN
GENERALLY FOR PUBLIC USE ON THE DATE OF SIGNATURE OF THIS AGREEMENT
SHALL REMAIN OPEN FOR SUCH USE; PROVIDED, HOWEVER, THAT NOTHING SHALL
BE DONE TO INTERFERE WITH THE CARRYING OUT OF THE PURPOSES OF THIS
AGREEMENT.
(B) THE UNITED STATES GOVERNMENT SHALL CONSULT FROM TIME TO TIME WITH
THE GOVERNMENT OF ANTIGUA FOR THE PURPOSE OF AGREEING UPON THE EXTENT OF
ANY DAMAGE TO ROADS WHICH MAY HAVE BEEN CAUSED BY UNITED STATES
OPERATIONS, AND THE REPAIRS WHICH ARE NECESSARY. THE UNITED STATES
GOVERNMENT SHALL EITHER MAKE THOSE REPAIRS OR REIMBURSE THEIR COST TO
THE GOVERNMENT OF ANTIGUA.
COOLIDGE FIELD
(4) (A) AIRCRAFT OWNED OR OPERATED BY OR ON BEHALF OF THE UNITED
STATES GOVERNMENT SHALL AT ALL TIMES BE ENTITLED TO UNRESTRICTED USE OF
COOLIDGE FIELD AIRPORT ON THE TERMS AND CONDITIONS AS TO LANDING CHARGES
AND CONTRIBUTIONS SET OUT IN PARAGRAPH (1) OF ARTICLE VII OF THIS
AGREEMENT; BUT NO CHARGES SHALL BE PAYABLE FOR ANY AIRPORT SERVICES
PROVIDED IN RESPECT OF SUCH USE.
(B) THE UNITED STATES GOVERNMENT AND THE UNITED STATES CONTRACTORS
MAY, WITHOUT CHARGE, USE THE PEIR AT COOLIDGE FIELD FOR THE PURPOSES OF
THIS AGREEMENT.
PARHAM PENINSULA
(5) (A) THE UNITED STATES GOVERNMENT MAY OPERATE ON PARHAM PENINSULA
(I) APPROXIMATELY TEN ANTENNAE ARRAYS (EACH ARRAY TO CONSIST OF FOUR
POLES, EACH APPROXIMATELY 90 FEET HIGH, SET IN A RHOMBIC PATTERN, EACH
SIDE OF WHICH EXTENDS APPROXIMATELY 300 FEET) TOGETHER WITH NECESSARY
CONNECTING LINES, POWER LINES, UNDERGROUND CABLES AND SUPPORT WIRES;
AND
(II) A COMMUNICATIONS BUILDING APPROXIMATELY 50 FEET X 100 FEET IN
SIZE WITH AN ACCESS ROAD THERETO.
PERSONS AUTHORISED BY THE UNITED STATES GOVERNMENT MAY ENTER AND MOVE
FREELY ON THE PENINSULA FOR PURPOSES RELATED TO THE OPERATION AND
MAINTENANCE OF THE ANTENNAE.
(B) LAND UNDER AND ADJACENT TO THE ANTENNAE MAY BE USED FOR
AGRICULTURAL PURPOSES, PROVIDED THAT SUCH USE DOES NOT INTERFERE WITH
THE OPERATION OF THE ANTENNAE.
1. THE UNITED STATES GOVERNMENT AND THE GOVERNMENT OF ANTIGUA HAVE
REACHED THE FOLLOWING UNDERSTANDINGS WITH REGARD TO THE AGREEMENT SIGNED
THIS DAY CONCERNING UNITED STATES DEFENSE AREAS AND FACILITIES IN
ANTIGUA.
(A) WITH RESPECT TO PARAGRAPH (1) OF ARTICLE VII, IT IS UNDERSTOOD
THAT THE WORDS "OTHER USERS" MEAN THOSE PERSONS WHO, WHERE PREFERENTIAL
RATES APPLY TO CERTAIN USERS, ARE CHARGED AT THE LOWEST RATE.
(B) WITH RESPECT TO PARAGRAPH (3) OF ARTICLE VIII, IT IS UNDERSTOOD
THAT UNITED STATES CONTRACTORS WILL BE EXEMPT FROM TAXATION ON ANY
INCOME RECEIVED UNDER A CONTRACT WITH THE UNITED STATES GOVERNMENT FOR
THE PURPOSES OF THE AGREEMENT AND WILL ALSO BE EXEMPT FROM ANY TAX IN
THE NATURE OF A LICENCE WITH RESPECT TO ANY WORK PERFORMED FOR THE
UNITED STATES GOVERNMENT FOR THE PURPOSES OF THE AGREEMENT.
(C) (I) WITH RESPECT TO ARTICLE XII, IT IS UNDERSTOOD THAT THE UNITED
STATES GOVERNMENT MAY CONTINUE TO USE ALL THOSE RADIO FREQUENCIES,
POWERS AND BANK WIDTHS FOR COMMUNICATIONS, DETECTION, RESEARCH AND TEST
OPERATIONS THAT IT IS ENTITLED TO USE IN ANTIGUA AT THE DATE OF
SIGNATURE OF THE AGREEMENT
(II) IT IS ALSO UNDERSTOOD THAT THE UNITED STATES GOVERNMENT WILL
CONTINUE TO BE RESPONSIBLE FOR NOTIFYING TO THE INTERNATIONAL FREQUENCY
REGISTRATION BOARD (I.F.R.B.), AS APPROPRIATE, THOSE FREQUENCIES, POWERS
AND BAND WIDTHS USED IN CONNEXION WITH UNITED STATES OPERATIONS UNDER
THE AGREEMENT. PRIOR TO NOTIFYING THE I.F.R.B. OF ANY CHANGE IN
REGISTERED FREQUENCIES, THE UNITED STATES GOVERNMENT WILL REACH
AGREEMENT WITH THE GOVERNMENT OF ANTIGUA REGARDING THE PROPOSED CHANGE.
(III) THE GOVERNMENT OF ANTIGUA AND THE UNITED STATES GOVERNMENT HAVE
INFORMED THE I.F.R.B. THAT THIS ARRANGEMENT WHICH HAS BEEN ENTERED INTO
BETWEEN THEM PROVIDES FOR THE NECESSARY COORDINATION REGARDING
FREQUENCIES USED BY THE UNITED STATES GOVERNMENT AND AUTHORIZES THE
UNITED STATES GOVERNMENT TO OBTAIN INTERNATIONAL REGISTRATION OF AGREED
FREQUENCIES.
(D) (I) WITH RESPECT TO PARAGRAPH (3) OF ANNEX E, IT IS UNDERSTOOD
THAT THE ELECTRONIC TEST AND RESEARCH STATION WHICH THE UNITED STATES
GOVERNMENT WILL OPERATE PURSUANT TO THIS PROVISION WILL BE USED IN
CONNEXION WITH UNITED STATES TEST AND RESEARCH PROGRAMMES IN THE FIELDS
OF ELECTRONIC SURVEILLANCE AND COMMUNICATIONS. RESEARCH AND TEST
OPERATIONS AT THE STATION WILL INCLUDE DETECTION, TRACKING, TELEMETRY,
DATA READ-OUT, RECEPTION, TRANSMISSION AND COMMUNICATIONS RELATED TO
BOTH MISSILE AND SPACE PROGRAMMES.
(II) IT IS ALSO UNDERSTOOD THAT, WHILE THE GENERAL NATURE AND
PURPOSES OF THE STATION WILL REMAIN AS DESCRIBED ABOVE, TECHNICAL
CHANGES IN EQUIPMENT AND OPERATIONS WILL BE MADE FROM TIME TO TIME IN
ORDER THAT THE STATION MAY CARRY OUT ITS ROLE IN THE SURVEILLANCE AND
COMMUNICATIONS PROGRAMMES.
2. IT IS ALSO THE UNDERSTANDING OF THE TWO GOVERNMENTS THAT THE
LOCAL ADMINISTRATIVE AGREEMENTS OR OTHER ARRANGEMENTS IN EFFECT ON THE
DATE OF SIGNATURE OF THE AGREEMENT, INCLUDING EXISTING ARRANGEMENTS ON
MATTERS WHICH UNDER PARAGRAPH (3) OF ARTICLE VII AND SUB-PARAGRAPHS (B)
AND (D) OF PARAGRAPH (2) OF ANNEX A WOULD REQUIRE CONSULTATION BETWEEN
OR CONCURRENCE BY THE APPROPRIATE UNITED STATES AND LOCAL AUTHORITIES,
SHALL REMAIN IN EFFECT, WITHOUT PREJUDICE TO THE RIGHT OF THE
APPROPRIATE AUTHORITIES TO REQUEST A REVIEW OF THESE ADMINISTRATIVE
AGREEMENTS OR OTHER ARRANGEMENTS.
DONE IN DUPLICATE AT WASHINGTON ON THE FOURTEENTH DAY OF DECEMBER
1977.
FOR THE GOVERNMENT OF THE
UNITED STATES OF AMERICA:
1. WITH RESPECT TO PARAGRAPH (2) OF ARTICLE X, THE UNITED STATES
DELEGATION EXPLAINED THAT IN HANDLING CLAIMS UNDER THIS PROVISIONS
UNITED STATES AUTHORITIES WOULD EXERCISE THE BROAD AUTHORITY PROVIDED
UNDER UNITED STATES LAWS RELATING TO FOREIGN CLAIMS AND REGULATIONS
ISSUED THEREUNDER. THESE LAWS PROVIDE FOR SIMPLE, ADMINISTRATIVE
PROCEDURES FOR THE SETTLEMENT OF CLAIMS AGAINST THE UNITED STATES
OVERSEAS. UNDER THESE PROCEDURES ANY INHABITANT OF ANTIGUA WHO BELIEVES
HE HAS A VALID CLAIM WOULD, UPON APPLICATION TO ANY UNITED STATES
AUTHORITY, BE REFERRED TO THE APPROPRIATE UNITED STATES FOREIGN CLAIMS
COMMISSION WHICH IS AUTHORISED BY LAW TO SETTLE FOREIGN CLAIMS.
2. A CLAIMS COMMISSION'S PROCEDURES IN CONSIDERING CLAIMS REFERRED
TO IT ARE EXPEDITIOUS AND VERY INFORMAL, ALTHOUGH A FULL RECORD IS
DEVELOPED IN EACH CASE. A CLAIMS COMMISSION IS NOT BOUND BY JUDICIAL
RULES OF EVIDENCE AND MAY CONSIDER ANY MATERIAL WHICH IS RELEVANT TO THE
CLAIM. CLAIMS MUST BE PRESENTED TO A COMMISSION WITHIN TWO YEARS FROM
THE TIME OF THE LOSS OR INJURY.
3. EXCEPT WHERE SETTLEMENT IS ACCEPTED IN FULL SATISFACTION, A
CLAIMANT IS NOT PRECLUDED FROM PURSUING SUCH REMEDIES AS LOCAL LAW
PROVIDES.
4. THE UNITED STATES DELEGATION EXPLAINED THAT IN SETTLING CLAIMS
WHICH ARE DESCRIBED IN PARAGRAPH (1) OF ARTICLE X AS ARISING ". . . .
OUT OF ANY OTHER ACT, OMISSION OR OCCURRENCE FOR WHICH THE UNITED STATES
FORCES ARE LEGALLY RESPONSIBLE", UNITED STATES AUTHORITIES WOULD TAKE
INTO CONSIDERATION LOCAL LAW AND PRACTICE. AN EXAMPLE WOULD BE A CLAIM
BASED UPON AN INJURY CAUSED BY A FALLING STRUCTURE THAT WAS UNDER THE
FULL CONTROL OF THE UNITED STATES FORCES.
5. IT WAS UNDERSTOOD THAT SHOULD THE PROCEDURES PROVIDED FOR UNDER
ARTICLE X PROVE TO BE UNSATISFACTORY, UPON THE REQUEST OF THE GOVERNMENT
OF ANTIGUA A NEW CLAIMS ARTICLE WOULD BE ADOPTED WHICH WOULD BE
EQUIVALENT IN SUBSTANCE TO PARAGRAPH (5) OF ARTICLE VIII OF THE NATO
STATUS OF FORCES AGREEMENT.
WASHINGTON
14 DECEMBER 1977
U.S. NAVAL FACILITY ANTIGUA PARCELS (MAPS OMITTED)
UNITED KINGDOM 26 OCT 1971 FLITE DOCUMENT NO. 7900085
INFORMATION EXCHANGE PROJECT EXECUTED 12 AND 26 OCTOBER 1971.
INFORMATION EXCHANGE PROJECT NO. IEP-1971-UK-AF-2 REGARDING THE
EXCHANGE OF DATA RELATING TO ADVANCING THE STRENGTH AND STRUCTURAL
RELIABILITY OF TITANIUM ALLOYS.
PROJECT NO. IEP-1971-UK-AF-2
SUBJECT AND CLASSIFICATION
1. THE EXCHANGE OF INFORMATION ON ADVANCING THE STRENGTH AND
STRUCTURAL RELIABILITY OF TITANIUM ALLOYS BETWEEN THE ROYAL AIRCRAFT
ESTABLISHMENT (RAE) AND THE AIR FORCE MATERIALS LABORATORY (AFML).
SCOPE
2. THIS PROJECT DEFINES THE SPECIFIC DATA TO BE EXCHANGED BETWEEN
THE RAE AND THE AFML. THE TERMS OF THIS PROJECT IN NO WAY ABROGATE OR
ALTER THE TERMS OF EXISTING US/UK AGREEMENTS DEALING WTIH EXCHANGE OF
DATA.
TERMS
3. IT IS MUTUALLY AGREED BY THE UNDERSIGNED THAT THE EXCHANGE OF
DATA RELATING TO ADVANCING THE STRENGTH AND STRUCTURAL RELIABILITY OF
TITANIUM ALLOYS IS LIMITED TO INFORMATION ON THE CONTROL OF
MICROSTRUCTURE VIA PROCESSING TO ACHIEVE USEFUL COMBINATIONS OF YIELD
STRENGTH AND FRACTURE TOUGHNESS IN TITANIUM ALLOYS.
DISCLOSURE OF INFORMATION AND DATA/SECURITY
4. DATA SUBJECT TO PRIVATELY OWNED PROPRIETARY RIGHTS WILL NOT BE
EXCHANGED UNDER THE TERMS OF THIS PROJECT. THE "AGREEMENT BETWEEN THE
UNITED STATES OF AMERICA AND THE UNITED KINGDOM OF GREAT BRITAIN AND
NORTHERN IRELAND, TO FACILITATE INTERCHANGE OF PATENT RIGHTS AND
TECHNICAL INFORMATION FOR DEFENSE" ENTERED INTO ON JANUARY 19, 1953, IS
APPLICABLE TO DATA EXCHANGED PURSUANT TO THIS PROJECT. DATA WILL BE
EXCHANGED FOR THE RECIPIENT'S INFORMATION ONLY AND MAY BE USED BY THE
RECIPIENT SOLELY FOR THE PURPOSES WITHIN THE SCOPE OF THIS PROJECT AS
SET FORTH IN PARAGRAPH 3 ABOVE.
5. HIGHEST CLASSIFICATION OF DATA AUTHORIZED FOR EXCHANGE IS
UNCLASSIFIED. NEITHER PARTY TO THIS AGREEMENT WILL DISCLOSE ANY DATA
EXCHANGED UNDER THIS AGREEMENT TO ANY THIRD PARTY, EXCEPT QUALIFIED
AGENCIES, DEPARTMENTS OR MEMBERS OF THE RECEIVING PARTY'S GOVERNMENT
WITHOUT PRIOR CLEARANCE FROM THE PARTY FURNISHING THE DATA. CLASSIFIED
INFORMATION, IF ESSENTIAL TO THE UNDERSTANDING OF SOME PARTICULAR
PROBLEM, WILL BE PROCESSED FOR EXCHANGE IN ACCORDANCE WITH EXISTING USAF
AND UK MINISTRY OF DEFENCE DIRECTIVES AND REGULATIONS. ANY CLASSIFIED
INFORMATION OR DATA EXCHANGED WILL BE SAFEGUARDED IN ACCORDANCE WITH
APPLICABLE EXISTING AGREEMENTS.
ESTABLISHMENTS CONCERNED AND PROJECT OFFICERS
6. FOR THE UNITED STATES:
A. AIR FORCE MATERIALS LABORATORY
WRIGHT-PATTERSON AFB, OHIO 45433
B. MR I. PERLMUTTER (PROJECT OFFICER)
CHIEF, METALS BRANCH (AFML/LLP)
AIR FORCE MATERIALS LABORATORY
WRIGHT-PATTERSON AFB, OHIO 45433
C. DR C. M. PIERCE (ALTERNATE PROJECT OFFICER)
TECHNICAL MANAGER FOR HIGH STRENGTH METALS
METALS BRANCH (AFML/LLP)
WRIGHT-PATTERSON AFB, OHIO 45433
7. FOR THE UNITED KINGDOM:
A. ROYAL AIRCRAFT ESTABLISHMENT
FARNBOROUGH
HANTS
B. MR C. A. STUBBINGTON (PROJECT OFFICER)
MATERIALS DEPARTMENT
ROYAL AIRCRAFT ESTABLISHMENT
FARNBOROUGH
HANTS
TERMINATION
8. THIS PROJECT WILL BE VALID FOR TWO YEARS UNLESS TERMINATED
EARLIER IN ACCORDANCE WITH PARAGRAPH 9.
9. THE PARTIES MAY JOINTLY TERMINATE THEIR PARTICIPATION IN THE DATA
EXCHANGE AT ANY TIME. THIRTY DAYS AFTER WRITTEN NOTICE TO THE OTHER
PARTY EITHER PARTY MAY UNILATERALLY TERMINATE ITS PARTICIPATION.
EFFECTIVE DATE
10. THIS PROJECT WILL BE EFFECTIVE FROM THE LATEST DATE OF
SIGNATURES.
DATE: 26 OCT 1971
FOR THE MINISTRY OF DEFENCE
L. F. NICHOLSON, C.B.
VICE-CONTROLLER, AIR
SYSTEMS CONTROLLERATE
UNITED KINGDOM 12 JAN 1978 FLITE DOCUMENT NO. 7900084
INFORMATION EXCHANGE PROJECT EXECUTED 29 DECEMBER 1977 AND 12 JANUARY
1978.
INFORMATION EXCHANGE PROJECT NO. IEP-1977-UK AF 16 REGARDING FLIGHT
VEHICLE FLUTTER AND AEROELASTICITY PROBLEMS ON MILITARY AIRCRAFT.
1. PROJECT NO: IEP-1977-UK-AF-16
2. TITLE: FLIGHT VEHICLE FLUTTER AND AEROELASTICITY
3. SCOPE:
THE INFORMATION TO BE EXCHANGED BETWEEN THE U.S. AIR FORCE AND THE
U.K. MINISTRY OF DEFENCE INVOLVES THE TECHNICAL AREAS RELATED TO FLUTTER
AND AEROELASTIC PROBLEMS ON MILITARY AIRCRAFT. THE FOLLOWING AREAS ARE
OF SPECIAL INTEREST:
A. ACTIVE FLUTTER SUPPRESSION INVESTIGATIONS INCLUDING THEORETICAL
STUDIES AND CORRELATION OF ANALYTICAL RESULTS WITH WIND TUNNEL TESTS AND
ACTUAL FLIGHT EXPERIENCE.
B. ACTIVE CONTROL SYSTEM/AIRFRAME INTERACTION AND ASSOCIATED
AEROSERVOELASTIC INSTABILITIES INCLUDING THEORETICAL STUDIES AND
CORRELATION OF ANALYTICAL RESULTS WITH WIND TUNNEL AND FLIGHT TEST DATA,
C. FLUTTER TRENDS AND PARAMETRIC VARIATIONS FOR CONFIGURATIONS,
INCLUDING AIRFOIL SHAPE AND VARIOUS INTERSECTING SURFACES, WHERE
UNSTEADY AERODYNAMIC INTERFERENCE EFFECTS ARE IMPORTANT, PARTICULARLY IN
THE TRANSONIC SPEED REGIME. CORRELATION OF PREDICTIONS WITH VARIOUS
UNSTEADY AERODYNAMIC THEORIES AND WITH WIND TUNNEL AND FLIGHT TEST DATA.
4. TERMS:
THE GENERAL CONDITIONS OF RELEASE WILL BE IN ACCORDANCE WITH
PROVISIONS OF ANNEX A WHICH CONSTITUTES AN INTEGRAL PART OF THIS
PROJECT.
5. CLASSIFICATION OF DATA:
THE HIGHEST CLASSIFICATION OF DATA AUTHORIZED FOR EXCHANGE IS
UNCLASSIFIED. CLASSIFIED INFORMATION, IF ESSENTIAL TO THE UNDERSTANDING
OF SOME PARTICULAR PROBLEM, WILL BE PROCESSED FOR EXCHANGE ON A CASE BY
CASE BASIS.
6. PROJECT OFFICERS AND ESTABLISHMENTS:
A. FOR THE UNITED STATES
PROJECT OFFICER
THOMAS E. NOLL
AFFDL/FBR
WRIGHT-PATTERSON AFB, OHIO 45433
AIR FORCE FLIGHT DYNAMICS LABORATORY (AFFDL)
WRIGHT-PATTERSON AFB, 0HIO 45433
B. FOR THE UNITED KINGDOM
PROJECT OFFICER
MR COLIN W. SKINGLE
STRUCTURES DEPARTMENT
RAE, FARNBOROUGH
ROYAL AIRCRAFT ESTABLISHMENT
FARNBOROUGH, HAMPSHIRE, GU-146TD
7. DURATION, TERMINATION AND EXTENSION:
THIS PROJECT WILL REMAIN EFFECTIVE FOR TWO YEARS UNLESS TERMINATED
EARLIER IN ACCORDANCE WITH THE FOLLOWING PROCEDURES:
A. THE GOVERNMENTS MAY JOINTLY TERMINATE THE PROJECT AT ANY TIME BY
MEANS OF AN EXCHANGE OF LETTERS TO THAT EFFECT.
B. EITHER GOVERNMENT MAY UNILATERALLY TERMINATE THE PROJECT THIRTY
DAYS AFTER IT PROVIDES THE OTHER GOVERNMENT WITH WRITTEN NOTICE OF ITS
INTENTION TO TERMINATE.
C. THIS PROJECT MAY BE EXTENDED IF BOTH GOVERNMENT SO DESIRE BY MEANS
OF AN EXCHANGE OF LETTERS TO THAT EFFECT.
8. EFFECTIVE DATE:
THE FOREGOING RECORD REPRESENTS THE UNDERSTANDING REACHED BETWEEN THE
UNITED STATES AIR FORCE AND THE UNITED KINGDOM MINISTRY OF DEFENCE UPON
THE MATTERS REFERRED TO THEREIN AND IS EFFECTIVE FROM THE LATER DATE OF
SIGNATURE.
SIGNED BY THE AUTHORIZED REPRESENTATIVE:
DATE: 13TH JANUARY 1978
FOR THE MINISTRY OF DEFENCE
1. GENERAL CONDITIONS FOR RELEASE:
A. THE GOVERNMENTS UNDERSTAND THAT ALL INFORMATION, CLASSIFIED AND
UNCLASSIFIED, EXCHANGED UNDER THE CONDITIONS OF THIS PROJECT IS ACCEPTED
SUBJECT TO THE FOLLOWING CONDITIONS, AND THAT THESE CONDITIONS WILL BE
PERMANENTLY AFFIXED THERETO IN A CONSPICUOUS PLACE OR MANNER.
(1) THE INFORMATION IS FOR USE FOR DEFENCE PURPOSES ONLY.
(2) THE INFORMATION WILL BE AFFORDED SUBSTANTIALLY THE SAME DEGREE OF
SECURITY PROTECTION GIVEN TO IT BY THE SENDING GOVERNMENT. THE
PROVISIONS IN THE SECURITY AGREEMENT BETWEEN THE US AND UK WILL APPLY.
(3) THE INFORMATION OR KNOWLEDGE OF ITS POSSESSION WILL NOT BE
REVEALED TO NONPARTICIPATING NATIONS EXCEPT WITH THE PRIOR APPROVAL OF
THE SENDING GOVERNMENT.
(4) INFORMATION OF A PRIVATELY DEVELOPED NATURE WILL NOT BE USED OR
DISCLOSED IN ANY MANNER THAT WILL PREJUDICE THE RIGHTS OF THE OWNER
INCLUDING THE RIGHT TO OBTAIN PATENT OR OTHER LIKE PROTECTION THEREOF.
(5) INFORMATION THAT IS SUBJECT TO LIMITED RIGHTS OF USE OR
DISCLOSURE WILL NOT BE RELEASED TO NONGOVERNMENT PARTIES WITHOUT THE
PRIOR WRITTEN CONSENT OF THE SENDING GOVERNMENT.
(6) ALL DOCUMENTS RELATING TO THIS INFORMATION EXCHANGE PROJECT WHICH
ARE TRANSMITTED BY THE UNITED KINGDOM GOVERNMENT WILL BE MARKED WITH A
LEGEND INDICATING THAT THEY ARE OF UNITED KINGDOM ORIGIN, THAT THEY
RELATE TO THE PROJECT, AND THE CONDITIONS UNDER WHICH THE DOCUMENTS ARE
RELEASED. IF A REQUEST IS RECEIVED FOR INFORMATION UNDER THE FREEDOM OF
INFORMATION ACT, THE US GOVERNMENT WILL IMMEDIATELY CONSULT WITH THE UK
GOVERNMENT AND, BASED ON THE GOVERNMENT'S JOINT DECISION, WILL, IF SO
DECIDED, USE ITS BEST EFFORTS TO PREVENT DISCLOSURE OF THE INFORMATION."
B. A GOVERNMENT ORIGINATING INFORMATION MAY RELEASE IT WITHOUT
CONDITION IF IT SO DESIRES AND IS PERMITTED BY ITS OWN LAWS AND
REGULATIONS. INFORMATION SO RELEASED WITHOUT CONDITIONS WILL CARRY NO
REFERENCE TO THIS PROJECT.
C. THE SENDING GOVERNMENT WILL IDENTIFY ANY INFORMATION EXCHANGED
UNDER THE CONDITIONS OF THIS PROJECT THAT IS SUBJECT TO LIMITED RIGHTS
OF USE OR DISCLOSURE.
2. TRANSMISSION OF INFORMATION:
A. TRANSMISSION OF INFORMATION WILL BE IN ACCORDANCE WITH PARAGRAPHS
2D AND 2E OF THIS ANNEX, EXCEPT THAT:
(1) ORAL AND VISUAL EXCHANGE OF TECHNICAL INFORMATION AT MEETINGS AND
CONFERENCES IS PERMISSIBLE BETWEEN PERSONNEL AUTHORIZED TO MAKE SUCH
EXCHANGES BY THE RESPECTIVE PROJECT OFFICERS. SUCH EXCHANGES WILL BE
NOTED AND REGARDED AS SUBJECT TO THE GENERAL CONDITIONS OF PARAGRAPH 1
OF THIS ANNEX.
(2) CLASSIFIED PATENT APPLICATIONS AND CORRESPONDENCE RELATING
THERETO SHALL CONTINUE TO BE DEALT WITH ACCORDING TO PROCEDURES ALREADY
ESTABLISHED BETWEEN THE RESPECTIVE GOVERNMENTS.
B. FOR ALL CLASSIFIED INFORMATION RELEASED, A RECEIPT IDENTIFYING
THAT INFORMATION IN DETAIL MUST BE OBTAINED AND MAINTAINED BY THE
PROJECT OFFICER OF THE SENDING GOVERNMENT.
C. REGARDLESS OF SECURITY CLASSIFICATION, ALL RELEASES OF DOCUMENTARY
INFORMATION MUST BE RECORDED BY THE PROJECT OFFICER OF THE SENDING
PARTY. IN THE CASE OF UNCLASSIFIED DOCUMENTS, IT WILL BE THE
RESPONSIBILITY OF THE RELEASING OFFICE TO NOTIFY THE PROJECT OFFICER FOR
THE PURPOSE OF RECORDING.
D. THE TRANSMISSION OF UNITED STATES' DOCUMENTS AND CORRESPONDENCE
PERTAINING TO THIS PROJECT WILL BE IN ACCORDANCE WITH THE FOLLOWING
PROCEDURES:
(1) CLASSIFIED DOCUMENTS WILL BE RELEASED, THROUGH APPROPRIATE
FOREIGN DISCLOSURE CHANNELS, ONLY BY THE US PROJECT OFFICER. SUCH
DOCUMENTS WILL BE FORWARDED TO THE UK PROJECT OFFICER VIA THE BRITISH
DEFENCE RESEARCH AND DEVELOPMENT STAFF, WASHINGTON.
(2) UNCLASSIFIED CORRESPONDENCE AND DOCUMENTATION MAY BE FORWARDED BY
ANY US PARTICIPANTS, LISTED IN PARAGRAPH 6 OF THE BASIC IEP, DIRECTLY TO
THE UK ADDRESSEE PROVIDED THE US PROJECT OFFICER IS NOTIFIED.
E. THE TRANSMISSION OF UNITED KINGDOM DOCUMENTS AND CORRESPONDENCE
PERTAINING TO THIS PROJECT WILL BE IN ACCORDANCE WITH THE FOLLOWING
PROCEDURES:
(1) CLASSIFIED DOCUMENTS WILL BE FORWARDED TO THE UK PROJECT OFFICER
AND TRANSMITTED TO THE US PROJECT OFFICER VIA THE BRITISH DEFENCE
RESEARCH AND DEVELOPMENT STAFF, WASHINGTON.
(2) UNCLASSIFIED CORRESPONDENCE AND DOCUMENTATION MAY BE FORWARDED BY
ANY UK PARTICIPANT LISTED IN PARAGRAPH 6 OF THE BASIC IEP, DIRECTLY TO
THE US ADDRESSEE PROVIDED THE UK PROJECT OFFICE IS NOTIFIED.
3. FINANCIAL RESPONSIBILITIES:
EACH GOVERNMENT WILL PROVIDE, SUBJECT TO MUTUAL CONSENT FOR
REIMBURSEMENT OF EXPENSES CONSISTING OF ASSEMBLING, REPRODUCING, AND
SHIPPING INCURRED BY ANOTHER AND ITS CONTRACTORS IN SUPPLYING ALL
INFORMATION, DATA, DRAWINGS, PLANS, SPECIFICATIONS AND MATERIAL SAMPLES
PERTAINING TO THE PROJECT.
4. USE OF FOREIGN CONTROLLED FACILITIES:
NO FACILITY SHALL BE EMPLOYED IN THE PROGRAMS OF THE PARTICIPATING
GOVERNMENTS OR UTILIZED FOR RESEARCH AND DEVELOPMENT UNDER THE PROJECT,
IN WHICH USE IS MADE OF INFORMATION FURNISHED BY ONE OF THE
PARTICIPATING GOVERNMENTS IF THE FINANCIAL, ADMINISTRATIVE, POLICY OR
MANAGEMENT CONTROL OF SUCH FACILITY IS DIRECTED BY CITIZENS OF ANY
COUNTRY OTHER THAN THE UNITED STATES OR THE UNITED KINGDOM, WITHOUT THE
PRIOR APPROVAL OF THE GOVERNMENT FURNISHING THE INFORMATION.
5. RELEASE OF PRIVATELY OWNED INFORMATION FOR INFORMATION ONLY:
A. TECHNICAL INFORMATION WHICH IS KNOWN OR BELIEVED TO BE PRIVATELY
OWNED OR DEVELOPED MAY BE RELEASED "FOR INFORMATION ONLY" IF ANY ONE OF
THE FOLLOWING CONDITIONS IS MET:
(1) THE OWNER EXPRESSLY CONSENTS TO THE PROPOSED RELEASE.
(2) THE RELEASING OR SENDING PARTY, BY CONTRACT OR OTHERWISE, HAS
ACQUIRED THE INFORMATION UNDER CIRCUMSTANCES WHICH PERMIT THE PROPOSED
RELEASE.
(3) APPROPRIATE OFFICIALS OF THE RELEASING OR SENDING PARTY DETERMINE
THAT UNDER THEIR LAWS, REGULATIONS AND POLICIES THEY MAY PERMIT RELEASE
OF THE INFORMATION WITHOUT CONSENT OF THE OWNER.
B. WHEN TECHNICAL INFORMATION WHICH IS KNOWN OR BELIEVED TO BE
PRIVATELY OWNED IS RELEASED FOR INFORMATION ONLY UNDER THIS PARAGRAPH,
IT WILL BE SUBJECT TO THE RECEIVING GOVERNMENT ACCEPTING THE GENERAL
CONDITIONS AND THE FOLLOWING ADDITIONAL CONDITIONS, A COPY OF WHICH
SHALL BE PERMANENTLY AFFIXED THERETO IN A CONSPICUOUS PLACE OR MANNER:
(1) THIS INFORMATION IS ACCEPTED UPON THE UNDERSTANDING THAT IT MIGHT
BE PRIVATELY OWNED OR DEVELOPED.
(2) THIS INFORMATION IS ACCEPTED SOLELY FOR THE PURPOSE OF
INFORMATION AND WILL ACCORDINGLY BE TREATED AS DISCLOSED IN CONFIDENCE.
THE RECEIVING GOVERNMENT WILL USE ITS BEST ENDEAVORS TO INSURE THAT THE
INFORMATION IS NOT DEALT WITH IN ANY MANNER LIKELY TO PREJUDICE THE
RIGHTS OF THE PRIVATE OWNER THEREOF, INCLUDING THE RIGHT TO OBTAIN
PATENT OR OTHER LIKE STATUTORY PROTECTION THEREFOR.
(3) IF SUBJECT TO PARAGRAPH 1A(5) THE INFORMATION IS SUBMITTED TO
NONGOVERNMENT RECIPIENTS, SUCH RECIPIENTS SHALL RECEIVE THE INFORMATION
ON THE SAME CONDITIONS AS THE RECEIVING GOVERNMENT. THE RECEIVING
GOVERNMENT WILL OBTAIN THE PRIOR CONSENT OF THE SENDING GOVERNMENT TO
THE RELEASE OF SUCH INFORMATION TO NON-GOVERNMENT ORGANIZATION.
(4) THE RECEIVING PARTY WILL OBTAIN THE CONSENT OF THE SENDING PARTY
IF IT DESIRES THAT THIS INFORMATION BE MADE AVAILABLE FOR MANUFACTURE,
OR USE, FOR DEFENSE PURPOSES.
6. RELEASE FOR MANUFACTURE AND USE FOR DEFENSE PURPOSES:
A. WHENEVER A REQUEST FOR RELEASE OF TECHNICAL INFORMATION FOR
"MANUFACTURE OR USE FOR DEFENSE PURPOSES" IS SUBMITTED TO THE SENDING
GOVERNMENT, THE GOVERNMENT RECEIVING THE REQUEST WILL DETERMINE WHETHER
THE INFORMATION IS PRIVATELY OWNED OR DEVELOPED AND WHERE IT IS SO
FOUND, WILL SEEK THE CONSENT OF THE OWNER FOR THE RELEASE.
B. IF THE TECHNICAL INFORMATION REQUESTED IS PRIVATELY OWNED OR
DEVELOPED AND THE GOVERNMENT RECEIVING THE REQUEST IS UNABLE TO OBTAIN
PERMISSION FOR RELEASE OF THE INFORMATION FOR "MANUFACTURE AND USE FOR
DEFENSE PURPOSES," THE GOVERNMENT RECEIVING THE REQUEST WILL PERMIT THE
REQUESTING GOVERNMENT OR ITS CONTRACTOR, TO NEGOTIATE DIRECTLY WITH THE
OWNER AND WILL, WHERE POSSIBLE, ASSIST IN SUCH NEGOTIATIONS. WHERE THE
OWNER WILL NEITHER CONSENT NOR NEGOTIATE IN RESPECT TO THE INFORMATION,
THE SENDING GOVERNMENT WILL TAKE STEPS IN ACCORDANCE WITH ITS LAWS TO
ATTEMPT TO OBTAIN THE USE OF THE INFORMATION.
C. WHERE ANY TECHNICAL INFORMATION IS RELEASED IN ACCORDANCE WITH
THIS PARAGRAPH 6, SUCH RELEASE SHALL BE SUBJECT TO THE GENERAL
CONDITIONS OF RELEASE CONTAINED IN PARAGRAPH 1 OF THIS ANNEX.
D. WHEN A SENDING GOVERNMENT INCURS A LIABILITY UNDER ITS LAWS AS A
RESULT OF A RELEASE OR UNAUTHORIZED USE OF TECHNICAL INFORMATION BY THE
RECEIVING GOVERNMENT OR ITS AGENTS, THE RECEIVING GOVERNMENT WILL WITHIN
THE LIMITS PERMITTED BY ITS LAWS OR EXISTING AGREEMENTS, AND SUBJECT TO
AVAILABILITY OF FUNDS, REIMBURSE THE SENDING PARTY. THE FOREGOING SHALL
NOT PREVENT THE SENDING PARTY FROM ENTERING INTO A SETTLEMENT WITH THE
OWNER OF THE PRIVATELY DEVELOPED INFORMATION OR PATENTS BUT NO LIABILITY
SHALL BE INCURRED BY RECEIVING PARTY UNLESS IT PARTICIPATES IN OR
CONSENTS TO THE SETTLEMENT.
7. PATENT APPLICATIONS TO BE PLACED IN SECRECY:
A. EACH GOVERNMENT WHEN SO REQUESTED BY THE OTHER WILL, TO THE EXTENT
CONSISTENT WITH ITS LAWS AND RULES RESPECTING PATENTS, PLACE IN SECRECY
AN APPLICATION FOR PATENT FILED IN ITS JURISDICTION RELATING TO
CLASSIFIED INFORMATION RELEASED TO IT UNDER THIS PROJECT FOR SO LONG AS
IT IS DESIRED BY THE SENDING GOVERNMENT.
B. EACH GOVERNMENT WILL, WHERE CONSISTENT WITH ITS LAWS AND PATENT
RULES, USE ITS BEST ENDEAVORS TO SUPPLY REPORTS TO THE OTHER PARTY, IF
IT IS KNOWN OR BELIEVED THAT THE INVENTION DISCLOSED IN A PATENT
APPLICATION RELATING TO CLASSIFIED SUBJECT MATTER HAS BEEN EMBODIED IN
ANY DEVICE OR PRACTICED IN ANY PROCESS.
8. LICENSING ARRANGEMENTS:
A. SUBJECT TO OTHER PROVISIONS OF THIS PROJECT, THE PARTICIPATING
GOVERNMENTS AGREE TO GRANT ONE ANOTHER A ROYALTY FREE NONEXCLUSIVE
LICENSE UNDER ANY INVENTION RELEVANT TO THIS PROJECT WHICH IS GOVERNMENT
OWNED OR UNDER WHICH THE GOVERNMENT MAY GRANT A LICENSE WITHOUT PAYMENT
TO OTHERS AND UNDER ANY PATENTS WHICH MAY ISSUE ON SUCH INVENTIONS.
SAID LICENSE WILL BE LIMITED TO PRODUCTION AND USE FOR NATIONAL DEFENSE
PURPOSES. DISPOSAL OF ANY EQUIPMENT INCORPORATING SUCH INVENTIONS WILL
ONLY BE MADE TO OTHERS WITH THE CONSENT OF THE LICENSOR.
B. EACH GOVERNMENT WILL MAKE AVAILABLE TO THE OTHER, GOVERNMENT OWNED
PATENT APPLICATIONS RELATING TO INVENTIONS IN THE FIELD OF THIS
INTERCHANGE AND, IF SPECIFICALLY REQUESTED, MAY AUTHORIZE THE REQUESTING
GOVERNMENT TO FILE PATENT APPLICATIONS IN THE REQUESTING GOVERNMENT'S
COUNTRY ON SUCH INVENTIONS AND AT THE REQUESTING GOVERNMENT'S EXPENSE.
UNITED KINGDOM 14 DEC 1977 FLITE DOCUMENT NO. 7900083
LEASE AGREEMENT EXECUTED 14 DECEMBER 1977 (UNITED KINGDOM EXECUTION
DATE ILLEGIBLE); EFFECTIVE 1 JULY 1977.
LEASE AGREEMENT WHEREBY THE GOVERNMENT OF THE BRITISH VIRGIN ISLANDS
AGREES TO LEASE A PARCEL OF LAND AT THE WEST END OF ANEGADA ISLAND TO
THE U.S. NAVY. LEASE BEGINS ON 1 JULY 1977 AND ENDS 30 SEPTEMBER 1977
AND IS THEREAFTER RENEWABLE FOR YEARLY TERMS UNTIL 30 SEPTEMBER 1981.
THIS LEASE AGREEMENT, MADE BY AND BETWEEN THE GOVERNMENT OF THE
BRITISH VIRGIN ISLANDS, HEREINAFTER CALLED GOVERNMENT, AND THE
GOVERNMENT OF THE UNITED STATES, ACTING BY AND THROUGH THE DEPARTMENT OF
THE NAVY, HEREINAFTER CALLED U.S. NAVY.
WHEREAS, BY LEASE AGREEMENT, EFFECTIVE 16 MARCH 1973, IDENTIFIED AS
NF(R)-18832, THE GOVERNMENT AUTHORIZED THE U.S. NAVY'S USE OF A PARCEL
OF LAND, CONTAINING 6 ACRES, AT THE WEST END OF ANEGADA ISLAND, B.V.I.,
AS MORE PARTICULARLY DESCRIBED IN SAID AGREEMENT; AND
WHEREAS, SAID AGREEMENT PROVIDED FOR AN INITIAL TERM OF 3 1/2 MONTHS
ENDING 30 JUNE 1973 WITH RIGHTS OF RENEWAL THEREAFTER UNTIL 30 JUNE
1977, SAID RIGHTS BEING DULY EXERCISED BY THE U.S. NAVY; AND
WHEREAS, THE U.S. NAVY HAS A CONTINUING REQUIREMENT FOR USE OF SAID
LAND AND THE GOVERNMENT IS AGREEABLE THERETO, SUCH CONTINUED USE TO BE
AUTHORIZED BY THIS INSTRUMENT.
NOW, THEREFORE, IN CONSIDERATION OF THE PREMISES THE GOVERNMENT
HEREBY, AUTHORIZES THE U.S. NAVY TO USE THE FOLLOWING DESCRIBED PROPERTY
UPON THE TERMS AND CONDITIONS HEREINAFTER SET FORTH:
ALL THAT CERTAIN PARCEL OF LAND, CONTAINING 6 ACRES, MORE OR LESS,
SITUATED AT THE WEST END OF ANEGADA ISLAND, B.V.I., LOCATED
APPROXIMATELY 1500 FEET NORTHERLY FROM RUFFLING POINT, SHOWN AND
DESCRIBED AS TRACT NO. 1 ON ATTACHED Y & D DRAWING NO. 868232, TOGETHER
WITH THE RIGHTS OF INGRESS AND EGRESS THROUGH THE SEA APPROACH CHANNEL
ON THE WESTERN PART OF ANEGADA ISLAND AND THE RIGHT AND AUTHORITY TO
CLEAR SAID CHANNEL WHENEVER NECESSARY.
1. TERM. THE INITIAL TERM OF THE LEASE SHALL BE FOR A 3 MONTHS
PERIOD BEGINNING 1 JULY 1977 AND ENDING 30 SEPTEMBER 1977, AND
THEREAFTER IT SHALL BE RENEWABLE AT THE OPTION OF THE U.S. NAVY FOR
YEARLY TERMS UP TO 30 SEPTEMBER 1981. NOTICE OF RENEWAL SHALL BE GIVEN
TO THE GOVERNMENT WITHIN A REASONABLE PERIOD PRIOR TO THE CLOSE OF ANY
TERM UNDER THIS LEASE.
2. RENTAL. RIGHTS UNDER THIS AGREEMENT ARE GRANTED IN CONSIDERATION
OF PAYMENT BY THE U.S. NAVY OF A RENTAL AT A RATE OF $1,000.00 (U.S.)
PER ANNUM, PAYABLE TO THE GOVERNMENT IN ARREARS.
3. USE OF PREMISES. THE LEASED PREMISES SHALL BE USED AS A SITE FOR
A DRONE LAUNCHING FACILITY. THE U.S. NAVY EXPECTS TO OCCUPY AND USE THE
SITE NO LESS THAN FOUR TIMES PER YEAR. SUCH USE SHALL INCLUDE ANY
PERSONNEL OR OFFICIALS OF THE UNITED STATES AND ITS CONTRACTORS.
"CONTRACTORS" AS USED HEREIN SHALL MEAN ANY PERSON, BODY OR CORPORATION
ORDINARILY RESIDENT IN THE UNITED STATES THAT IS IN THE BRITISH VIRGIN
ISLANDS FOR THE PURPOSE OF THIS AGREEMENT BY VIRTUE OF A CONTRACT WTIH
THE UNITED STATES GOVERNMENT, AND INCLUDES A SUBCONTRACTOR. THE
GOVERNMENT OF THE BRITISH VIRGIN ISLANDS SHALL BE ADVISED AT LEAST 48
HOURS IN ADVANCE OF EACH INTENDED ENTRY UPON AND VACATION OF THE SITE.
4. RESTORATION OF PREMISES. UPON EXPIRATION OR EARLIER TERMINATION
OF THIS AGREEMENT, THE U.S. NAVY MAY ABANDON ALL IMPROVEMENTS INSTALLED
ON THE PREMISES IN LIEU OF RESTORATION, OR EFFECT SUCH RESTORATION AS
MAY BE MUTUALLY AGREED UPON BETWEEN THE PARTIES.
5. OPERATIONAL SUPPLIES AND EQUIPMENT. ALL SUPPLIES AND EQUIPMENT
IN SUPPORT OF THE OPERATION SHALL BE INCORPORATED INTO THE SITE, BY SEA
AND/OR AIR, WITHOUT PAYMENT OF CUSTOMS DUTY SUBJECT, HOWEVER, TO THE
FOLLOWING PROVISIONS:
A. CUSTOMS CLEARANCE WILL BE EFFECTED WITH THE REPRESENTATIVE OF THE
OFFICER IN CHARGE OF CUSTOMS AT THE SETTLEMENT IN ANEGADA ISLAND, BEFORE
ENTRY TO AND DEPARTURE FROM THE SITE.
B. ALL ITEMS SHALL BE CARRIED ON AN OFFICIAL MANIFEST AND CERTIFIED
"FOR THE USE OF THE ARMED FORCES OF THE UNITED STATES AND/OR ITS
CONTRACTORS IN THE BRITISH VIRGIN ISLANDS". A COPY OF THIS MANIFEST
WILL BE DELIVERED TO THE CUSTOMS OFFICIALS ON ARRIVAL AND WILL BE
SUBJECT TO RE-CHECK UPON DEPARTURE.
C. A CERTIFICATE OF INSTALLED EQUIPMENT LEFT ON SITE WILL BE PROVIDED
TO THE CUSTOMS OFFICIALS, AND AN UNDERTAKING GIVEN THAT ALL REASONABLE
PRECAUTIONS AGAINST PILFERAGE HAVE BEEN TAKEN; ANY LOSS INCURRED WHILE
THE SITE IS UNTENANTED BEING REPORTABLE TO THE SAME AUTHORITY.
D. NO LOCAL DISPOSAL OF SURPLUS EQUIPMENT MAY BE MADE WITHOUT PRIOR
CONSENT OF THE GOVERNMENT; THE GOVERNMENT BEING GIVEN FIRST OPTION TO
PURCHASE ANY EQUIPMENT BEING DISPOSED OF.
6. PERSONAL CONSUMABLE GOODS. CUSTOMS DUTY ON PERSONNEL CONSUMABLE
GOODS IMPORTED SOLELY FOR THE CONVENIENCE OF CONTRACTOR PERSONNEL SHALL
BE PAYABLE IN ACCORDANCE WITH APPLICABLE LEGISLATION. A DECLARATION OF
ALL SUCH COMMODITIES SHALL BE MADE AT THE SETTLEMENT, ANEGADA, AT THE
TIME OF IMPORTATION.
7. IDENTIFICATION. THE MEMBERS OF THE OPERATING PARTY SHALL
INDIVIDUALLY BE IN POSSESSION OF AN APPROPRIATE AND READILY RECOGNIZABLE
FORM OF IDENTIFICATION INDICATING THEIR DUTY STATUS.
8. ALTERNATE SITE. AT ANY TIME DURING THE TERM OF THIS AGREEMENT
THE GOVERNMENT MAY, UPON 30 DAYS' WRITTEN NOTICE, REQUIRE THE U.S. NAVY
TO RELOCATE ITS BASE OF OPERATIONS FROM THE LEASED PREMISES TO ANOTHER
ACCEPTABLE SITE ON ANEGADA ISLAND, B.V.I TO BE PROVIDED BY THE
GOVERNMENT IN SUBSTITUTION THEREFORE. IN THE EVENT OF ANY SUCH
RELOCATION, THE DESCRIPTION OF THE LEASED PREMISES SHALL BE MODIFIED TO
INCORPORATE A DESCRIPTION OF THE ALTERNATE SITE PROVIDED.
9. NORTH ATLANTIC TREATY. ARTICLES III, VII, VIII, X AND XI OF THE
AGREEMENT BETWEEN THE PARTIES TO THE NORTH ATLANTIC TREATY REGARDING THE
STATUS OF THEIR FORCES DATED JUNE 19, 1951 SHALL BE DEEMED TO APPLY TO
THIS LEASE.
10. OFFICIALS NOT TO BENEFIT. NO MEMBER OF OR DELEGATE TO CONGRESS
OF THE UNITED STATES OF AMERICA, OR RESIDENT COMMISSIONER SHALL BE
ADMITTED TO ANY SHARE OR PART OF THIS LEASE CONTRACT, OR TO ANY BENEFIT
THAT MAY ARISE THEREFROM; BUT THIS PROVISION SHALL NOT BE CONSTRUED TO
EXTEND TO THIS LEASE CONTRACT IF MADE WITH A CORPORATION FOR ITS GENERAL
BENEFIT.
IN WITNESS WHEREOF THE UNDERSIGNED, BEING DULY AUTHORIZED BY THEIR
RESPECTIVE GOVERNMENTS, HAVE SIGNED THIS AGREEMENT ON THE RESPECTIVE
DATES SET FORTH BELOW:
DATE
DATE 14 DEC 1977
ACCOUNTING DATA: 1 JULY 1977 THROUGH 30 SEPTEMBER 1977
1771807.602E/000/00389/0/00389/2D/000000/00389-7 -20016(M)
ACCOUNTING DATA: 1 OCTOBER 1977 THROUGH 30 SEPTEMBER 1978
1781804.602E/000/00389/0/00389/2D/000000/00389-8 -20016(M)
FLITE DOCUMENT NO. 7900083 (MAP OMITTED)
UNITED KINGDOM 1 APR 1970 FLITE DOCUMENT NO. 7900082
MEMORANDUM OF UNDERSTANDING EXECUTED 19 MARCH AND 1 APRIL 1970.
MEMORANDUM OF UNDERSTANDING CONCERNING COOPERATION IN DEFENSE
SATELLITE COMMUNICATIONS.
MEMORANDUM OF UNDERSTANDING CONCERNING CONTINUED COOPERATION IN
DEFENSE SATELLITE COMMUNICATIONS BETWEEN HER MAJESTY'S GOVERNMENT IN THE
UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND REPRESENTED BY THE
MINISTRY OF DEFENCE AND THE GOVERNMENT OF THE UNITED STATES OF AMERICA
REPRESENTED BY THE DEPARTMENT OF DEFENSE SHORT TITLE MOU CONCERNING
COOPERATION IN DEFENSE SATELLITE COMMUNICATIONS
1. WHEREAS HER MAJESTY'S GOVERNMENT IN THE UNITED KINGDOM OF GREAT
BRITAIN AND NORTHERN IRELAND (HMG) AND THE GOVERNMENT OF THE UNITED
STATES OF AMERICA (THE USG) ALONG WITH OTHER NATIONS ARE COMMITTED TO
THE PRINCIPLE OF ORDERLY USE OF SPACE FOR COMMUNICATIONS PURPOSES;
2. AND WHEREAS THE USG AIMS TO DEVELOP A US DEFENSE SATELLITE
COMMUNICATIONS SYSTEM (DSCS) WHICH WOULD BE AVAILABLE FOR USE BY THE
USG, HMG, AND OTHER SELECTED ALLIES;
3. AND WHEREAS THE TWO GOVERNMENTS ENTERED INTO A MEMORANDUM OF
UNDERSTANDING (MOU) ON SEPTEMBER 19TH 1966 REGARDING THE OPERATIONAL USE
OF THE US INITIAL DEFENSE COMMUNICATIONS SATELLITE PROJECT (IDCSP), AND
OF THE UK SEGMENT THEREOF-- THE IDCSP/AUGMENTATION (IDCSP/A)-- KNOWN AS
THE SKYNET SYSTEM;
4. AND WHEREAS THE UNDERSTANDINGS IN THE AFOREMENTIONED MOU ARE IN
THE COURSE OF IMPLEMENTATION BY THE TWO GOVERNMENTS;
5. AND WHEREAS THE AFOREMENTIONED MOU REFERS TO FUTURE COOPERATION
BETWEEN THE TWO GOVERNMENTS IN REGARD TO DEFENSE SATELLITE
COMMUNICATIONS;
6. AND WHEREAS THE USG IS NOW PROCEEDING TO DEVELOP A SECOND PHASE
OF THE US DEFENSE SATELLITE COMMUNICATIONS SYSTEM (DSCS PHASE II).
7. AND WHEREAS HMG HAS A CONTINUING OPERATIONAL REQUIREMENT FOR
DEFENSE SATELLITE COMMUNICATIONS;
8. AND WHEREAS THE USG IN ORDER TO FURTHER THE COOPERATION BETWEEN
THE TWO GOVERNMENTS IS PREPARED TO ASSIST HMG IN MEETING THIS
REQUIREMENT;
9. AND WHEREAS THE UNITED KINGDOM SYSTEM IS NEEDED, IN PART, TO MEET
UK REQUIREMENTS FOR COMMUNICATIONS OUTSIDE OF NATO, THIS MEMORANDUM OF
UNDERSTANDING IS NOT INTENDED TO INHIBIT SUPPORT AND USE OF A NATO
SATELLITE COMMUNICATIONS SYSTEM IN THE EVENT OF FURTHER DEVELOPMENT AND
OPERATION OF SUCH A SYSTEM;
10. AND WHEREAS IN THE PERIOD DURING WHICH THE US DSCS PHASE II WILL
BE OPERATIONAL THE USG IS UNABLE TO ASSURE HMG OF A CONTINUOUS
COMMUNICATIONS SERVICE BY MEANS OF THE PLANNED US SPACE SEGMENT;
11. AND WHEREAS THE TWO GOVERNMENTS ATTACH IMPORTANCE TO THE
CONTINUED INTEROPERABILITY OF THEIR RESPECTIVE DEFENSE SATELLITE
COMMUNICATIONS GROUND SYSTEMS;
12. NOW, THEREFORE, IN CONSIDERATION OF THE FOREGOING, THE US
DEPARTMENT OF DEFENSE AND HMG'S MINISTRY OF DEFENCE ON BEHALF OF THEIR
RESPECTIVE GOVERNMENTS HEREBY ENTER INTO THE FOLLOWING UNDERSTANDINGS.
1. TOWARDS THE END OF THEIR OPERATING LIFETIME, THE INITIAL SKYNET
SATELLITES WILL BE SUPPLEMENTED AND OPERATIONALLY REPLACED BY NEW
SATELLITES WHICH WILL CONTINUE TO BE THE UK SEGMENT OF THE US DSCS.
THESE SATELLITES WILL BE KNOWN AS SKYNET PHASE II SATELLITES
(HEREINAFTER REFERRED TO AS "THE SATELLITES").
2. HMG GUARANTEES THAT THE SATELLITES WILL BE USED ONLY FOR THOSE
COMMUNICATIONS INTIMATELY CONCERNED WITH THE DEFENSE OF THE REALM.
3. TO EFFECT THIS CONTINUATION OF THE SKYNET SATELLITE SYSTEM, HMG
WILL PROCURE FROM A UK INDUSTRIAL PRIME CONTRACTOR FOR OPERATION
COMMENCING 1972/73 SATELLITES WHICH ARE GENERALLY SIMILAR IN DESIGN
PHILOSOPHY TO THE ORIGINAL SKYNET (IDCSP/A) SATELLITES BUT WITH CERTAIN
IMPROVEMENTS. THE PRIME CONTRACTOR IS PERMITTED TO MAKE USE OF US
INDUSTRIAL SUBCONTRACTORS AND THE USG WILL PROVIDE HMG WITH SUCH
ASSISTANCE AS MAY BE AGREED TO BE NECESSARY TO MEET HMG'S REQUIREMENT
PRINCIPALLY VIA ACCESS TO US CONTRACTORS.
4. HMG WILL HAVE SOLE COMMUNICATIONS CONTROL OVER THE SATELLITES AND
IN PARTICULAR WILL BE RESPONSIBLE FOR:
A. THE ALLOCATION OF COMMUNICATIONS CAPACITY;
B. THE DIRECTION OF CONTROL ACTION TO MAKE PROPER USE OF THAT
CAPACITY; AND
C. THE ASSIGNMENT AND USE OF RADIO FREQUENCIES (IN CONJUNCTION WITH
THE USG SO AS TO MINIMIZE RADIO FREQUENCY INTERFERENCE).
5. EACH GOVERNMENT WILL PROVIDE THE COMMUNICATIONS AND CONTROL EARTH
STATIONS REQUIRED FOR ITS OWN USE AND WILL EQUIP SELECTED EARTH STATIONS
SO AS TO PROVIDE AND MAINTAIN A CAPABILITY FOR INTEROPERATION IN
ACCORDANCE WITH THE OBJECTIVES SET OUT IN SECTION L.
6. THE TWO GOVERNMENTS WILL ARRANGE THAT SUFFICIENT SATELLITE
CAPACITY IS AVAILABLE TO ACCOMMODATE THE INTEROPERABLE LINKS TO BE
SPECIFIED SEPARATELY AND THAT PROCEDURES ARE IN FORCE WHEREBY THIS
CAPACITY CAN BE USED AS REQUIRED. ANY USE BY THE USG OF COMMUNICATIONS
CAPACITY IN HMG'S SATELLITES AND ANY USE BY HMG OF COMMUNICATIONS
CAPACITY IN THE US SATELLITES OF THE DSCS, IN EXCESS OF THAT SPECIFIED,
WILL BE AS SPECIFICALLY ARRANGED BETWEEN THE TWO GOVERNMENTS.
7. HMG WILL NOT BE PRECLUDED FROM ENTERING INTO SEPARATE
ARRANGEMENTS WITH OTHER SELECTED ALLIES FOR PARTICIPATION IN OR USE OF
THE UK SEGMENT OF THE US DSCS. EACH SEPARATE ARRANGEMENT WILL BE
SUBJECT TO NEGOTIATIONS WITH AND APPROVAL OF THE USG BEFORE ANY SUCH
ARRANGEMENT IS MADE. SUCH SEPARATE ARRANGEMENTS WITH THIRD PARTIES WILL
NOT BE SUCH AS TO RENDER VOID AND OF THE ARRANGEMENTS SET OUT IN THIS
MEMORANDUM OF UNDERSTANDING (MOU). USE OF, OR INFORMATION RELATING TO,
THE SECURE COMMAND AND TELEMETRY LINK EQUIPMENT IS EXPLICITLY EXCLUDED
FROM SUCH SEPARATE ARRANGEMENTS, AND SHALL NOT BE TRANSFERABLE TO THE
THIRD PARTIES.
8. HMG AGREES THAT THE US MATERIAL AND TECHNOLOGY TO BE RELEASED TO
THE UK OR ITS CONTRACTORS UNDER THIS MOU, OR ANY END PRODUCTS RESULTING
THEREFROM, WILL BE USED SOLELY FOR HMG'S DEFENSE SATELLITE
COMMUNICATIONS PROGRAM. THE USE OF THIS MATERIAL OR TECHNOLOGY FOR
OTHER PROGRAMS, OR THE TRANSFER THEREOF TO THIRD COUNTRIES, WILL BE
SUBJECT TO PRIOR WRITTEN USG APPROVAL.
9. NOTHING IN THIS MOU SHALL PRECLUDE THE USG FROM ENTERING INTO
SEPARATE ARRANGEMENTS WITH OTHER SELECTED ALLIES FOR THE USE OF THE DSCS
BUT SUCH ARRANGEMENTS WILL NOT BE SUCH AS TO RENDER VOID USG
RESPONSIBILITIES MADE UNDER THIS MOU.
10. HMG WILL EXERCISE OPERATIONAL CONTROL OVER THE SATELLITES. THIS
WILL INCLUDE ATTITUDE CONTROL, STATION-KEEPING AND OTHER COMMAND
FUNCTIONS OF THE SPACE SEGMENT. UNLESS OTHERWISE ARRANGED BY THE TWO
GOVERNMENTS, SUCH CONTROL WILL BE EXERCISED BY A UK CONTROL STATION
LOCATED IN SOVEREIGN BRITISH TERRITORY, IN SUCH MANNER AS MAY BE
MUTUALLY AGREED BY THE TWO GOVERNMENTS TO BE NECESSARY SO AS TO MINIMIZE
SYSTEM INTERFERENCE AND TO MAXIMIZE OVERALL EFFECTIVENESS.
11. THE INITIAL ORBITAL STATIONS OF THE SATELLITES WILL BE ARRANGED
MUTUALLY BY THE TWO GOVERNMENTS AND ANY SUBSEQUENT CHANGE OF ORBITAL
STATIONS WILL BE SUBJECT TO PRIOR AGREEMENT BETWEEN THE TWO GOVERNMENTS.
1. THE USG WILL APPROVE THE COOPERATION OF US INDUSTRY WITH UK
INDUSTRY AS MAY BE AGREED TO BE NECESSARY, SUBJECT TO THE APPLICABLE US
LAWS AND ADMINISTRATIVE PROCEDURES, FOR THE PURPOSE OF DESIGN,
DEVELOPMENT, MANUFACTURE AND SUPPLY OF THE SATELLITES, SATELLITE
SUBSYSTEMS, COMPONENTS AND EQUIPMENT, INCLUDING THE GROUND STATION
EQUIPMENT OF THE SPACE SEGMENT, AND WILL GIVE SUCH ASSISTANCE AS MAY BE
AGREED TO ENABLE HMG TO CARRY OUT THIS PROGRAM ON THE MOST FAVORABLE
TERMS. IN THE CASE OF CRYPTOLOGIC ELEMENTS, TRAVELING WAVE TUBES,
REACTION CONTROL DEVICES AND APOGEE BOOST MOTORS, THE US WILL LICENSE
THE EXPORT OF HARDWARE RATHER THAN EXPORT OF DESIGN, DEVELOPMENT, OR
PRODUCTION INFORMATION REQUIRED TO PRODUCE SUCH ITEMS. THIS PROVISION
IS NOT INTENDED TO EXCLUDE THE EXPORT OF SUCH INTERFACE DATA AS MAY BE
AGREED TO BE NECESSARY IN CARRYING OUT THIS MOU.
2. US SUBCONTRACTORS WILL BE RESPONSIBLE FOR FILING APPLICATION FOR
ALL US EXPORT LICENSES REQUIRED. TO FACILITATE THE PROVISION OF US
TECHNOLOGY AND EQUIPMENT, IT IS UNDERSTOOD THAT EACH EXPORT LICENSE
APPLICATION UNDER THIS PROGRAM WILL INCLUDE A STATEMENT BY HMG AS TO
WHETHER THE TECHNOLOGY OR EQUIPMENT REQUESTED IS: (A) DIRECTLY FOR A
SPECIFIED HMG AGENCY, OR (B) FOR A UK COMPANY ACTING PURSUANT TO AN HMG
CONTRACT.
3. FOR THE PURPOSE OF DESIGNING AND MANUFACTURING THE SATELLITES,
THE USG WILL GRANT HMG, ITS AGENTS AND CONTRACTORS, THE USE OF TECHNICAL
INFORMATION, DESIGN RIGHTS, PATENT RIGHTS AND LICENSES VESTED IN THE USG
AS MAY BE LEGALLY PERMISSIBLE AND AGREED TO BE NECESSARY, EXCLUDING
CRYPTOLOGIC ELEMENTS. THE USG WILL ALSO ASSIST HMG TO OBTAIN ADDITIONAL
RIGHTS WHERE THESE ARE AGREED TO BE NECESSARY FOR SUCH DESIGN AND
MANUFACTURE, EXCEPT FOR SUCH ITEMS AS NOTED IN PARAGRAPH 1 AOBVE. AS
APPLICABLE, HMG WILL GRANT TO THE USG SUCH TECHNICAL INFORMATION, DESIGN
RIGHTS AND PATENT RIGHTS AS MAY ACCRUE TO HMG AS A RESULT OF THIS MOU.
IN THE EVENT THAT THE US WISHES TO MAKE USE OF SUCH INFORMATION AND
RIGHTS, THE TERMS UNDER WHICH IT MAY DO SO WILL BE SUBJECT TO
NEGOTIATION BETWEEN THE TWO GOVERNMENTS.
4. THE USG WILL MAKE AVAILABLE TO HMG SUCH INFORMATION AS MAY BE
AGREED TO BE NECESSARY TO DETERMINE THE SUITABILITY OF THE US SECURE
COMMAND SYSTEM FOR USE IN THE SATELLITES, AND IF REQUIRED, WILL MAKE
AVAILABLE FURTHER INFORMATION AND MATERIAL TO ESTABLISH SUCH SYSTEM.
FURTHERMORE, THE USG WILL SEEK TO MAKE AVAILABLE TO HMG, IF REQUIRED,
SECURE COMMAND UNITS MANUFACTURED TO THE SPACE QUALITY AND RELIABILITY
STANDARDS REQUIRED FOR SATELLITES.
5. THE USG WILL MAKE ITS OFFICIAL INSPECTION SERVICE AVAILABLE IF
REQUESTED FOR WORK CARRIED OUT BY US SUBCONTRACTORS AND ENSURE THAT SUCH
WORK WILL BE TO THE SAME QUALITIES AND STANDARDS AS THE USG WOULD
REQUIRE FOR ITSELF IN SIMILAR PROCUREMENT. HMG'S PROJECT MANAGER AND/OR
HIS REPRESENTATIVE WILL BE ACCREDITED TO DEFENSE CONTRACT ADMINISTRATION
SERVICE REGION (DCASR) OR AIR FORCE PLANT REPRESENTATIVE OFFICE (AFPRO)
FOR DUTY AT SUCH CONTRACTORS AS REQUIRED FOR THE PURPOSE OF REVIEWING
THE INSPECTION CRITERIA, EXAMINING RECORDS, AGREEING WAIVERS AND
DEVIATIONS, WITNESSING TESTS, CORROBORATING ACCEPTANCE DOCUMENTATION,
AND ASSESSING THE PROGRESS OF DESIGN AND PRODUCTION ACTIVITIES OF THIS
PROGRAM.
6. THE USG WILL MAKE AVAILABLE SUCH INFORMATION ABOUT THE SPACE
GROUND LINK SYSTEM (SGLS) (INCLUDING DATA FORMATS AND COMPUTER PROGRAMS)
AS MAY BE AGREED TO BE NECESSARY FOR THIS PROJECT.
1. THE USG WILL PROCURE LAUNCH VEHICLES ON BEHALF OF HMG, AND WILL
LAUNCH THE SATELLITES INTO GEO-SYNCHRONOUS ORBIT USING US LAUNCHING AND
SATELLITE CONTROL FACILITIES.
2. THE USG WILL ESTABLISH THE REQUIREMENTS FOR MECHANICAL,
ELECTRICAL AND SAFETY INTERFACES BETWEEN THE LAUNCH VEHICLES AND THE
SATELLITES, AND WILL INFORM HMG, AT THE OUTSET, OF THESE REQUIREMENTS,
TOGETHER WITH THE AGREED PERFORMANCE PARAMETERS OF THE LAUNCH VEHICLES
TO WHICH THE DESIGN OF THE SATELLITES MUST BE DEVELOPED.
3. PRIOR TO HAND-OVER BY HMG OF THE SATELLITES FOR LAUNCHING BY THE
USG, THE USG WILL VERIFY THE ACCEPTABILITY OF THE INTERFACE
COMPATIBILITIES, AND WILL SUPERVISE THE FINAL INTEGRATION OF THE
SATELLITES WITH THE LAUNCH VEHICLES.
4. THE USG WILL POSITION THE SATELLITES AT THEIR AGREED STATIONS IN
THE GEO-SYNCHRONOUS ORBIT USING US CONTROL FACILITIES AT S BAND
TELEMETRY TRACKING AND COMMAND (TT&C) FREQUENCIES.
5. THE PROCEDURE FOR TRANSFER OF CONTROL OF THE SATELLITES FROM THE
USG TO HMG WILL BE DETERMINED BY THE PROJECT MANAGERS REFERRED TO IN
SECTION E. IN CASE OF EMERGENCY THE USG WILL ASSUME OPERATIONAL CONTROL
OF THE SATELLITES IF SO REQUIRED BY HMG.
1. THE TECHNICAL REQUIREMENT FOR THE SATELLITES IS GENERALLY SIMILAR
TO THAT FOR THE INITIAL SKYNET (IDCSP/A) SATELLITES, BUT WITH CERTAIN
CHANGES, FOR EXAMPLE:
A. A REQUIREMENT FOR CRYPTOGRAPHIC PROTECTION OF THE COMMAND LINK,
B. A REQUIREMENT FOR CRYPTOGRAPHIC PROTECTION OF THE TELEMETRY LINK
(ALTHOUGH THIS REQUIREMENT WILL BE WAIVED IF THE IMPLICATIONS ON THE
DESIGN AND PRODUCTION OF THE SATELLITES ARE FOUND TO BE UNACCEPTABLE TO
HMG),
C. A REQUIREMENT FOR INCREASED EFFECTIVE RADIATED POWER AND,
D. THE INCLUSION OF A MORE PRECISE TIMING MODULATION IN THE
IDENTIFICATION BEACON.
2. THE TT&C SUBSYSTEM WILL OPERATE AT 'S' BAND FREQUENCIES AND WILL
BE CAPABLE OF OPERATION IN CONJUNCTION WITH THE SGLS FACILITIES AND
EQUIPMENT IN THE US LAUNCH COMPLEX AND IN THE SATELLITE CONTROL FACILITY
(SCF).
1. IN RECOGNITION OF THE COMPLEXITY OF THE EFFORT REQUIRED TO GIVE
EFFECT TO THE UNDERSTANDINGS OF THIS MOU AND OF THE NEED FOR CONTINUING
CLOSE COORDINATION AND COOPERATION BETWEEN THEN, THE TWO GOVERNMENTS
WILL PROMPTLY ESTABLISH ORGANIZATION ARRANGEMENTS DESCRIBED IN THE
FOLLOWING PARAGRAPHS OF THIS SECTION.
2. THE U.S. DEPARTMENT OF DEFENSE AND HMG'S MINISTRY OF DEFENCE, ON
BEHALF OF THEIR RESPECTIVE GOVERNMENTS, WILL BE RESPONSIBLE FOR
PERFORMANCE UNDER THE UNDERSTANDINGS OF THIS MOU. THEY WILL ENTER INTO
SUCH TECHNICAL ARRANGEMENTS, CONSISTENT WITH THIS MOU, AS MAY BE
NECESSARY. FOR THIS PURPOSE, AND FOR THE PURPOSE OF ALL CONSULTATION,
LIAISON AND ARRANGEMENTS PROVIDED FOR IN THIS MOU AND UNLESS OTHERWISE
PROVIDED, THEY ENVISAGE THE USE OF THE LINK ALREADY ESTABLISHED BETWEEN
THE DIRECTOR, DEFENSE COMMUNICATIONS AGENCY (US), AND THE ASSISTANT
CHIEF OF DEFENCE STAFF (SIGNALS), MINISTRY OF DEFENCE (UK).
3. EACH GOVERNMENT WILL DESIGNATE A PROJECT MANAGER WHOSE
RESPONSIBILITIES UNDER THIS MOU ARE SET OUT IN PARAGRAPH 4 OF THIS
SECTION. THE UK PROJECT MANAGER WILL BE APPOINTED BY THE MINISTRY OF
TECHNOLOGY FROM THE STAFF OF THE DIRECTOR/SPACE. THE US PROJECT MANAGER
WILL BE APPOINTED BY THE DEPARTMENT OF DEFENSE. THE PROJECT MANAGERS
WILL ESTABLISH AND CARRY OUT PROCEDURES OF CONSULTATION AND TECHNICAL
ASSISTANCE DESIGNED TO EXECUTE THE WORK RESULTING FROM THE MOU IN THE
MOST EFFICIENT MANNER, AND FOR THIS PURPOSE LIAISON REPRESENTATIVES WILL
BE DESIGNATED WHEN NECESSARY WHO WILL BE ACCREDITED TO THE PROJECT
OFFICE OF THE OTHER PARTY TO FACILITATE CONSULTATIONS AND ACCESS TO
AGENCIES. THESE DESIGNATED LIAISON REPRESENTATIVES WILL BE ACCREDITED
EITHER ON INTERMITTENT VISITING, OR ON TEMPORARY RESIDENT BASIS AS THE
ACTIVITY OF THE PROJECT AT THE TIME DEMANDS, AND AS AGREED BETWEEN THE
PROJECT MANAGERS.
4. THE TWO PROJECT MANAGERS OF THE TWO GOVERNMENTS WILL ESTABLISH
AND CARRY OUT PROCEDURES OF CONSULTATION DESIGNED, INTER ALIA, TO ASSURE
THE DEVELOPMENT AND DEPLOYMENT IN SPACE OF THE SATELLITES TO MEET HMG'S
UNIQUE AND VITAL NATIONAL SECURITY REQUIREMENTS. THE UK PROJECT MANAGER
WILL BE RESPONSIBLE FOR THE OVERALL PROGRAM TO THE REQUIREMENTS OF MOD.
THE US PROJECT MANAGER IN LIAISON WITH THE UK PROJECT MANAGER, WILL BE
RESPONSIBLE IN PARTICULAR FOR:
A. ESTABLISHING THE PROCEDURES AND CHANNELS FOR THE EXCHANGE OF
TECHNICAL INFORMATION AND DOCUMENTS TO DETERMINE AND MAINTAIN THE
TECHNICAL SPECIFICATION OF THE INTERFACES BETWEEN ON THE ONE HAND THE
SATELLITES AND ON THE OTHER HAND THE LAUNCH VEHICLES, THE US SCF, THE
SECURE TT&C ENCODING UNIT IF REQUIRED AND OBTAINED FROM USG SOURCES, AND
ALL OTHER FACILITIES NECESSARY TO ENSURE A SATISFACTORY LAUNCH.
B. THE PROCUREMENT OF SPACE QUALIFIED SECURE COMMAND UNITS IF THESE
ARE OBTAINED FROM USG SOURCES.
C. ENSURING THAT THE COMPUTER PROGRAMS PREPARED FOR INJECTION AND
ORBITAL CONTROL OF THE SATELLITES DEVELOPED FOR THE PROJECT ARE
COMPATIBLE WITH THE US SCF.
D. THE ARRANGEMENTS AT THE US RANGE AND LAUNCH COMPLEX FOR THE
PROVISION OF SUITABLE FACILITIES FOR THE FINAL CHECK OUT OF THE
SATELLITES AND THEIR ASSEMBLY AND INTEGRATION WITH THE LAUNCH VEHICLES.
E. THE PROCUREMENT OF THE LAUNCH VEHICLES, THE ARRANGEMENTS FOR
LAUNCHING AND ORBITAL POSITIONING (SECTION C AND J).
F. ARRANGING FOR THE ALLOCATION OF RADIO FREQUENCIES FOR THE TT&C
EQUIPMENT (SECTION A).
G. THE ARRANGEMENTS FOR THE TRANSFER OF CONTROL OF THE SATELLITES
FROM THE USG TO HMG (SECTION C PARA 5).
H. THE ARRANGEMENTS FOR THE SUPPLY OF SUCH OTHER EQUIPMENT, MATERIALS
AND SERVICES AS MAY BE AGREED BY THE TWO GOVERNMENTS.
I. THE MANAGEMENT OF THE TRUST FUND (SECTION K).
J. THE ARRANGEMENTS IF REQUIRED FOR THE USE OF DESIGN, PATENT RIGHTS
AND LICENSES, AND THE SECURING OF OTHER RIGHTS AS PROVIDED IN THIS MOU
(SECTIONS B AND I).
K. THE ARRANGEMENTS FOR ACCREDITATION AS MAY BE REQUIRED OF
REPRESENTATIVES OF THE UK PROJECT OFFICE TO US FACILITIES AND AGENCIES
INVOLVED IN THE LAUNCH AND POSITIONING ON STATION OF THE SATELLITES
(SECTION E).
L. NEGOTIATION OF APPROPRIATE COSTS AND CHARGES FOR THE SUPPLY OF USG
EQUIPMENT, MATERIALS AND SERVICES AS SET OUT IN THIS PARAGRAPH, AND
WHICH ARE PROVIDED THROUGH THE USG (SECTION K).
5. TO ENABLE THE UK PROJECT MANAGER TO CARRY OUT THE REQUIREMENTS OF
THIS SECTION, THE USG PERMITS THE MINISTRY OF TECHNOLOGY, IF IT SO
DESIRES, TO CONTRACT DIRECTLY WITH THE AEROSPACE CORPORATION FOR THE
SUPPLY OF SERVICES IN RESPECT OF GENERAL SYSTEMS ENGINEERING AND
TECHNICAL DIRECTION SO AS TO ASSIST THE UK PROJECT MANAGER IN PLANNING
AND SUPERVISING THE INDUSTRIAL CONTRACTS AND SUBCONTRACTS RELATED TO THE
PROCUREMENT OF THE SATELLITES.
1. IN ORDER TO PREVENT UNAUTHORIZED DISCLOSURE OR COMPROMISE EACH
GOVERNMENT WILL UNDERTAKE, IN ACCORDANCE WITH THE STANDARD SECURITY
ARRANGEMENTS AND PROCEDURES PREVAILING BETWEEN THE TWO GOVERNMENTS, SUCH
SECURITY MEASURES AS ARE NECESSARY TO AFFORD CLASSIFIED ARTICLES,
SERVICES, DOCUMENTS, AND INFORMATION PROVIDED BY THE OTHER GOVERNMENT
SUBSTANTIALLY THE SAME DEGREE OF SECURITY PROTECTION AS THAT AFFORDED BY
THE SUPPLYING GOVERNMENT.
2. ALL TRANSMITTAL OF CLASSIFIED INFORMATION PURSUANT TO THIS MOU
WILL, WHERE APPLICABLE, ALSO BE IN ACCORDANCE WITH THE TERMS AND
PROVISIONS OF THE INDUSTRIAL SECURITY AGREEMENT BETWEEN THE USG AND HMG
COMPLETED ON 6 JUNE 1962 AS AMENDED.
1. SUBJECT TO PARAGRAPHS 3 AND 4 OF THIS SECTION:
A. HMG WILL INDEMNIFY AND HOLD HARMLESS THE USG AGAINST ANY
LIABILITY, DAMAGE OR LOSS IN CONNECTION WITH LAUNCHING OPERATIONS AND
PREPARATIONS THEREFORE AT THE LAUNCHING SITE, UNDER THIS MOU. THE USG
SHALL GIVE HMG IMMEDIATE NOTICE OF ANY SUIT OR ACTION FILED OR ANY CLAIM
MADE TO WHICH THE PROVISIONS OF THIS ARTICLE MAY BE RELEVANT.
REPRESENTATIVES OF HMG MAY BE ASSOCIATED WITH THE DEFENSE, BEFORE A
COURT OF COMPETENT JURISDICTION, OF ANY CLAIM WHICH MAY BE BORNE IN
WHOLE OR IN PART BY HMG. THE USG WILL NOT SETTLE ANY SUCH CLAIM WITHOUT
PRIOR CONSULTATION WITH, AND THE AGREEMENT OF, HMG EXCEPT UNDER AN AWARD
BY A COURT OF COMPETENT JURISDICTION. IN PROCUREMENT CONTRACTS FOR
SUPPLIES AND SERVICES MADE PURSUANT TO THIS MOU THE USG IS AUTHORIZED TO
INCLUDE UNUSUALLY HAZARDOUS RISK INDEMNIFICATION PROVISIONS
SUBSTANTIALLY SIMILAR TO ANY INCLUDED IN ITS OWN CORRESPONDING
CONTRACTS.
B. NO LIABILITY WILL BE INCURRED BY THE USG FOR HMG PAYLOADS OR
LAUNCH VEHICLES LOST AS A RESULT OF LAUNCH VEHICLE MALFUNCTIONS OR
FAILURES OR RESULTING DAMAGES.
2. WITH RESPECT TO ANY RISKS IN CONNECTION WITH ANY USG ACTIVITY
HEREUNDER (OTHER THAN THOSE COVERED BY THE ABOVE INDEMNITY AND THOSE
NORMALLY COVERED BY INSURANCE OR OTHERWISE ELIMINATED BY NORMAL USG
CONTRACTING PROCEDURES) THE USG AND HMG WILL JOINTLY DETERMINE WHETHER
THE USG OR ITS CONTRACTOR(S) SHOULD OBTAIN INSURANCE TO COVER SUCH RISKS
OR WHAT OTHER ACTION IS APPROPRIATE IN THE CIRCUMSTANCES.
3. IN THE EVENT OF AN ACCIDENT RESULTING IN LOSS, DAMAGE, INJURY OR
DEATH ARISING FROM THE ACTION OF AN AGENT, OFFICER OR EMPLOYEE OF THE
USG FOR WHICH THE RISK HAS BEEN ASSUMED BY HMG UNDER THE ABOVE
PARAGRAPHS THE CAUSE OF THE ACCIDENT WILL BE INVESTIGATED AND SHOULD IT
BE FOUND THAT SUCH ACCIDENT WAS DUE WHOLLY OR IN PART TO THE WILLFUL
MISCONDUCT OR GROSS NEGLIGENCE ON THE PART OF USG PERSONNEL, THE USG
WILL SHARE THE LIABILITY OF HMG ON A BASIS TO BE AGREED.
4. NOTWITHSTANDING THE OTHER PARAGRAPHS OF THIS SECTION, EACH
GOVERNMENT WILL BEAR ITS OWN LOSS IN RELATION TO ANY LOSS, DESTRUCTION
OR DAMAGE TO ITS PROPERTY, OR INJURY TO OR DEATH OF ANY MEMBER OF ITS
ARMED FORCES OR ITS CIVILIAN EMPLOYEES ARISING OUT OF THE IMPLEMENTATION
OF THIS MOU.
1. SUBJECT TO ESTABLISHED POLICIES, PROCEDURES AND REGULATIONS, EACH
GOVERNMENT WILL ARRANGE FOR RELEASE TO THE OTHER AND TO ITS AGENTS OF
SUCH INFORMATION AND TECHNOLOGY AS MAY BE NECESSARY FOR THE PURPOSES OF
THIS MOU.
1. EACH GOVERNMENT WILL FOLLOW ITS NORMAL PROCUREMENT PRACTICES IN
SECURING ALL RIGHTS IT CONSIDERS TO BE ESSENTIAL FOR THE PURPOSES OF THE
MOU, INCLUDING THE PROCUREMENT OF MATERIAL, SERVICES, DOCUMENTS AND
INFORMATION TO MEET THE SPECIAL REQUIREMENTS OF THE OTHER GOVERNMENT.
2. EACH GOVERNMENT WILL GIVE THE OTHER IMMEDIATE NOTICE OF ANY CLAIM
ASSERTED OR SUIT OR ACTION FILED HEREAFTER FOR COMPENSATION FOR
UNLICENSED USE OF PATENT RIGHTS ALLEGED TO BE INVOLVED IN THE
PROCUREMENT OF MATERIAL, SERVICES, DOCUMENTS OR INFORMATION TO MEET THE
SPECIAL REQUIREMENTS OF THE OTHER GOVERNMENT, WHOSE REPRESENTATIVE MAY
BE ASSOCIATED WITH THE DEFENSE BEFORE ANY COURT OF COMPETENT
JURISDICTION OF ANY SUCH CLAIM, SUIT OR ACTION. NO SUCH CLAIMS WILL BE
SETTLED WITHOUT PRIOR CONSULTATION WITH, AND AGREEMENT OF, THE OTHER
GOVERNMENT EXCEPT UNDER AN AWARD BY A COURT OF COMPETENT JURISDICTION.
3. ANY PAYMENTS MADE BY ONE GOVERNMENT IN CONSEQUENCE OF ANY CLAIMS,
SUITS OR ACTIONS ARISING UNDER PARAGRAPH 2 OF THIS SECTION WILL BE
REPAID BY THE OTHER GOVERNMENT.
1. IN CARRYING OUT THE WORKS AND SERVICES NEEDED BY HMG UNDER THIS
MOU, THE USG WILL USE, TO THE EXTENT PRACTICABLE, ESTABLISHED DEPARTMENT
OF DEFENSE CONTRACTUAL PROCEDURES WITH THE AIM OF MEETING HMG'S
REQUIREMENTS ON TERMS MOST FAVORABLE TO HMG. SUCH CONTRACTS PLACED BY
THE USG WILL BE INCORPORATED IN OR PLACED ON THE SAME TERMS AS THOSE FOR
THE USG. WHEN APPROPRIATE, THE US PROJECT MANAGER WILL DIRECT THAT
AMENDMENTS BE SOUGHT TO EXISTING CONTRACTS.
2. THE LAUNCH SERVICES PROVIDED UNDER THIS MOU WILL BE TO THE SAME
QUALITY STANDARDS AS THOSE FOR OTHER SATELLITES OF THE DSCS, AND WILL BE
SCHEDULED TO MAKE THE MOST EFFICIENT AND ECONOMICAL USE OF EXISTING US
LAUNCH FACILITIES.
3. THE USG WILL ASSIST HMG TO OBTAIN ON FAIR AND REASONABLE TERMS
SUCH FURTHER INFORMATION AND RIGHTS AS MAY BE AGREED TO BE NECESSARY FOR
MEETING HMG'S REQUIREMENTS AT 1 AND 2 ABOVE. EXCEPT AS MAY BE LATER
AGREED TO BY THE TWO GOVERNMENTS, SUCH RIGHTS AND INFORMATION SHALL NOT
BE USED BY HMG FOR COMMUNICATIONS SATELLITE PURPOSES SAVE IN CONNECTION
WITH ACTIVITIES COVERED BY THIS MOU.
1. THE ESTIMATED COSTS TO BE INCURRED BY THE USG ON BEHALF OF HMG
UNDER THIS MOU FOR THE PROGRAM PRESENTLY ENVISAGED ARE SET OUT IN THE
ANNEX HERETO. DETAILS OF THE MATERIALS, EQUIPMENT AND SERVICES TO BE
CHARGED, AND THE FINAL DETERMINATION OF THESE CHARGES, WILL BE THE
SUBJECT OF CONSULTATION BETWEEN THE USG AND HMG THROUGH THEIR RESPECTIVE
PROJECT MANAGERS.
2. SUCH CHARGES WILL BE CALCULATED AS FOLLOWS:
A. FOR LAUNCH VEHICLES AND SERVICES
(1) THE US COST BASED ON CONTRACT COSTS AND CHARGES INCLUDING THE
COST OF WORK DONE IN US ESTABLISHMENTS FOR VEHICLES AND SERVICES, SUCH
AS:
(A) THE LAUNCH SERVICES ASSOCIATED WITH THE LAUNCH, AND
(B) THE RANGE SERVICES REQUIRED FOR THE LAUNCH.
B. FOR THE SATELLITES
(1) THE APPROPRIATE CHARGES FOR ANY WORK DONE BY USG ESTABLISHMENTS;
(2) US COSTS BASED ON CONTRACT COSTS AND CHARGES FOR WORK DONE IN US
INDUSTRY UNDER CONTRACTS PLACED BY THE USG.
(3) THE ADDITIONAL COSTS OF ON-ORBIT SERVICES IF PROVIDED BY THE USG.
(4) A FAIR SHARE OF ANY NON-RECURRING COSTS FOR MUTUALLY BENEFICIAL
RESEARCH, DEVELOPMENT AND PRODUCTION OVER AND ABOVE THAT ALREADY
PROVIDED FOR IN THE MOU BETWEEN THE TWO GOVERNMENTS DATED 19 SEPTEMBER
1966.
C. PACKING, CRATING, HANDLING AND TRANSPORTATION
THE COST OF PACKING, CRATING, HANDLING AND TRANSPORTATION.
D. OTHER ITEMS
THE ACTUAL COSTS OF ANY OTHER EQUIPMENT, MATERIALS, OR SERVICES NOT
SPECIFIED ELSEWHERE IN THIS PARAGRAPH, WHICH ARE PROPERLY ATTRIBUTABLE
TO THIS MOU.
E. ADMINISTRATIVE SERVICES
FOR US ADMINISTRATIVE SERVICES, TWO (2) PERCENT OF TOTAL COSTS
INCURRED UNDER A, B, C, AND D ABOVE.
3. TERMINATION
A. IF HMG, FOR OVERRIDING REASONS, FINDS THAT IT CANNOT CONTINUE TO
PARTICIPATE OPERATIONALLY IN THE DSCS, AND CONTRACTS PLACED UNDER THIS
MOU ARE CONSEQUENTLY TERMINATED, THE TERMINATION CHARGES TO HMG WILL BE
AS FOLLOWS:
(1) THE US COST UNDER ANY PROCUREMENT CONTRACT MADE ON BEHALF OF HMG
AND TERMINATED AS A RESULT OF SUCH ACTION;
(2) THE COST OF ANY WORK (INCLUDING MATERIALS LESS SALVAGE) DONE IN
US ESTABLISHMENTS;
(3) A CHARGE TO BE MADE IN ACCORDANCE WITH PARAGRAPH 2E ABOVE.
B. IF THE USG, FOR OVERRIDING REASONS, FINDS THAT IT IS UNABLE TO
LAUNCH THE SATELLITES, AS PROVIDED IN SECTION C, THE TWO GOVERNMENTS
WILL CONSULT FOR THE PURPOSE OF DECIDING WHETHER IT WOULD BE APPROPRIATE
FOR THE USG TO COMPENSATE HMG FOR ITS COST UNDER ANY PROCUREMENT
CONTRACT TERMINATED AS A RESULT OF SUCH ACTION.
4. PAYMENTS BY HMG IN ACCORDANCE WITH PARAGRAPHS 1 AND 2 OF THIS
SECTION WILL BE MADE IN US DOLLARS. PAYMENTS TO US AGENCIES AND
CONTRACTORS FOR SERVICES, MATERIALS, AND EQUIPMENT PROCURED THROUGH THE
USG WILL BE MADE BY THE USG AS THEY BECOME DUE FROM A TRUST FUND WHICH
WILL BE ADMINISTERED BY THE US PROJECT MANAGER. ALL PAYMENTS OUT OF THE
TRUST FUND WILL BE CERTIFIED BY THE USG TO BE IN ACCORDANCE WITH THE
UNDERSTANDINGS OF THIS MOU. THE TRUST FUND WILL CONSIST INITIALLY OF A
SUM TO BE DEPOSITED BY HMG AS SOON AS POSSIBLE AFTER ENTRY INTO FORCE OF
THIS MOU AND TO BE EQUIVALENT TO ALL CALLS, IN ACCORDANCE WITH
PARAGRAPHS 1 AND 2 OF THIS SECTION, ESTIMATED TO BE MADE UPON IT DURING
THE FIRST CALENDAR QUARTER OF PROGRAM OPERATIONS. BEFORE THE END OF
THAT QUARTER AND OF EACH SUCCEEDING QUARTER DURING OPERATIONS HEREUNDER,
DEPOSITS WILL BE MADE BY HMG WITH THE OBJECT OF HAVING SUFFICIENT MONEY
IN THE FUND TO MEET ALL SUCH CALLS WHICH MAY BE MADE UPON IT IN THAT
QUARTER.
5. IF AT ANY TIME THE UNEXPENDED BALANCE IN THE ABOVE-MENTIONED
TRUST FUND FALLS SHORT OF THE SUMS THAT WILL BE NEEDED IN A PARTICULAR
QUARTER BY THE USG TO COVER:
A. CHARGES REFERRED TO IN PARAGRAPH 1 AND 2 OF THIS SECTION, AND,
B. THE ESTIMATED LIABILITY OR COSTS THAT MAY FALL TO BE MET BY THE
USG AS A RESULT OF TERMINATION, AT THE REQUEST OF HMG, OF ANY
PROCUREMENT HEREUNDER.
HMG WILL AT SUCH TIME DEPOSIT IN THE TRUST FUND SUCH ADDITIONAL SUMS
AS WILL BE REQUIRED. SHOULD THE TOTAL DEPOSITS MADE BY HMG PROVE TO BE
IN EXCESS OF THE FINAL TOTAL COSTS TO THE USG HEREUNDER, APPROPRIATE
REFUND WILL BE MADE TO HMG AT THE EARLIEST OPPORTUNITY WITH FINAL
ADJUSTMENT BEING MADE WITHIN THIRTY DAYS AFTER DETERMINATION OF SAID
FINAL COSTS.
6. THE US PROJECT MANAGER WILL MAINTAIN A RECORD OF EXPENDITURES
UNDER THIS MOU IN ACCORDANCE WITH ESTABLISHED DEPARTMENT OF DEFENSE
ACCOUNTING PROCEDURES WHICH RECORD WILL BE AVAILABLE FOR INFORMAL REVIEW
AS REQUIRED BY THE UK PROJECT MANAGER AND FOR FORMAL REVIEW ANNUALLY BY
REPRESENTATIVES OF HMG.
7. NO US CUSTOMS, DUTIES, TAXES, OR OTHER CHARGES WILL BE LEVIED ON
SUPPLIES TO OR FROM THE US OR UK FOR THE PURPOSES OF THIS MOU.
8. HMG WILL RELIEVE FROM ANY IMPORT DUTY OR IMPORT DEPOSIT WHICH
WOULD OTHERWISE BE CHARGEABLE ON THEM, GOODS IMPORTED INTO THE UK WHICH
AT THE TIME OF IMPORTATION ARE KNOWN AND DECLARED TO BE INTENDED TO BE
USED AS MATERIALS EXCLUSIVELY REQUIRED FOR THE MANUFACTURE OF THE
SATELLITES (WHICH WILL BE EXPORTED TO THE US FOR LAUNCHING) OR TO BE
INCORPORATED IN THE SATELLITES. THE RELIEF GRANTED WILL BE SUBJECT TO
THE IMPOSITION OF CONDITIONS FOR SECURING THAT GOODS RELIEVED FROM
IMPORT DUTY OR IMPORT DEPOSIT AS BEING IMPORTED FOR SUCH PURPOSES ARE
USED FOR THOSE PURPOSES.
1. THE LONG-TERM AIMS FOR INTEROPERABILITY WHICH THE TWO GOVERNMENTS
WILL MUTUALLY AND COOPERATIVELY STRIVE TO MEET ARE:
A. TO INTRODUCE EQUIPMENT WITH INTEROPERABLE CHARACTERISTICS SO THAT
EARTH STATIONS, WHETHER US OR UK, ARE INHERENTLY CAPABLE OF DIRECT
COMMUNICATIONS THROUGH US DSCS SATELLITES OF HMG'S SATELLITES.
B. TO PROVIDE AN INTEROPERABLE CAPACITY FOR SELECTED EARTH STATIONS
INCLUDING 6 FOOT SHIPBORNE TERMINALS, IN THE ABSENCE OF JAMMING, OF ONE
SECURE VOICE PLUS FOUR TELEGRAPH PLUS ONE ORDER WIRE AND, IN THE
PRESENCE OF JAMMING, OF ONE SECURE VOICE PLUS ONE TELEGRAPH; ALSO FOR
SHIPBORNE TERMINALS OF LESS THAN 6 FOOT AN INTEROPERABLE CAPACITY OF TWO
TELEGRAPH PLUS AN ORDER WIRE IN THE ABSENCE OF JAMMING.
2. THE TWO GOVERNMENTS RECOGNIZE, HOWEVER, THAT PRACTICAL
DIFFICULTIES WILL PREVENT THE ATTAINMENT OF THESE AIMS BEFORE THE
MID-1970S, AND THAT MEANWHILE IT IS NECESSARY TO ACCEPT A MORE LIMITED
DEGREE OF INTEROPERABILITY TO BE AGREED BETWEEN DIRECTOR, DEFENSE
COMMUNICATIONS AGENCY US AND ASSISTANT CHIEF OF DEFENCE STAFF (SIGNALS)
UK.
3. THE TWO GOVERNMENTS ACCEPT THAT THE ATTAINMENT OF THE LONG-TERM
AIMS OF INTEROPERABILITY ARE DEPENDENT UPON HARMONIZING THE DESIGN OF
FUTURE SYSTEMS. A CLOSE DIALOGUE WILL THEREFORE BE CONTINUED BETWEEN
THE USG AND THE HMG WITH THE INTENTION OF REACHING AGREEMENT BY THE END
OF 1970 ON THE PATTERN OF EVOLUTION OF CURRENT SYSTEMS TOWARDS THE
OBJECTIVE OF COMMON CHARACTERISTICS FOR INTEROPERABILITY.
1. THE RELEASE OF INFORMATION (FORMAL RELEASES OR ANSWERS TO
QUERIES) CONCERNING THIS PROGRAM TO THE PRESS OR PUBLIC IN EITHER
COUNTRY WILL SO FAR AS POSSIBLE BE MADE ONLY AFTER BEING COORDINATED IN
ADVANCE AND DETERMINED TO BE MUTUALLY AGREEABLE. QUESTIONS ADDRESSED TO
THE USG CONCERNING PLANS AND ACTIVITIES OF HMG WILL BE REFERRED TO HMG.
CONVERSELY, QUESTIONS ADDRESSED TO HMG CONCERNING PLANS AND ACTIVITIES
OF THE USG WILL BE REFERRED TO THE USG. AT AN APPROPRIATE TIME, THE TOW
PROJECT MANAGERS WILL JOINTLY FORMULATE A MUTUALLY AGREED PLAN AND
PROCEDURE FOR HANDLING PUBLIC AFFAIRS ACTIVITIES INVOLVING THE LAUNCH.
1. THE UNDERSTANDINGS OF THIS MOU, AS THEY RELATE SPECIFICALLY TO
THE PRODUCTION AND LAUNCH OF THE SATELLITES, WILL BE TERMINATED ON 1
JANUARY 1975 UNLESS THE TWO GOVERNMENTS MUTUALLY AGREE TO EXTEND THIS
EXPIRATION DATE (EXCEPT THAT THE UNDERSTANDINGS RELATING TO SECURITY AND
RELEASE OF MATERIAL AND INFORMATION WILL REMAIN IN FORCE IRRESPECTIVE OF
THIS TERMINATION).
1. THE TWO GOVERNMENTS WILL CONTINUE TO COOPERATE TOWARD ACHIEVING A
JOINT DEFENSE SATELLITE COMMUNICATIONS SYSTEM. THE FORM OF THIS
COOPERATION INCLUDING TECHNOLOGICAL PARTICIPATION WILL BE THE SUBJECT OF
NEGOTIATIONS FROM TIME TO TIME BETWEEN THE TWO GOVERNMENTS. SUBJECT TO
THE AGREEMENT OF SATISFACTORY TERMS AND CONDITIONS, HMG WILL SEEK TO
JOIN THE USG IN SHARING COMMON SATELLITES TO MEET HMG'S DEFENSE
COMMUNICATIONS REQUIREMENTS WHICH ARE ESSENTIAL TO THE DEFENSE OF THE
REALM.
2. THE USG WILL PLAN THE DEVELOPMENT OF THE DSCS, AND IN PARTICULAR
OF THE SPACE SEGMENT, WITH A VIEW INTER ALIA, TO ACCOMMODATING THE
AFOREMENTIONED DEFENSE SATELLITE COMMUNICATIONS REQUIREMENTS OF HMG AT A
FAIR COST TO HMG. FOR THIS PURPOSE HMG WILL KEEP THE USG INFORMED OF
THE NATURE AND EXTENT OF THESE REQUIREMENTS. THE TWO GOVERNMENTS WILL
MAINTAIN CLOSE TECHNICAL LIAISON TO AFFORD MAXIMUM OPPORTUNITY FOR
PARTICIPATION BY HMG ON MUTUALLY ACCEPTABLE TERMS.
3. SUBJECT TO THE NEGOTIATION OF MUTUALLY SATISFACTORY ARRANGEMENTS,
AND THE AVAILABILITY OF LAUNCH FACILITIES, THE USG WILL BE PREPARED TO
COOPERATE WITH HMG IN THE PROVISION OF FURTHER SKYNET SATELLITES, UNTIL
SUCH TIME AS THE USG IS IN A POSITION TO OFFER COMMUNICATIONS FACILITIES
TO HMG IN US SATELLITES SITUATED OVER THE INDIAN OCEAN AREA.
THIS MOU WILL ENTER INTO FORCE UPON SIGNATURE BY BOTH GOVERNMENTS.
IN WITNESS WHEREOF THE UNDERSIGNED, BEING DULY AUTHORIZED BY THEIR
RESPECTIVE GOVERNMENTS, HAVE SIGNED THIS MOU.
SIGNED
FOR HER MAJESTY'S GOVERNMENT
IN THE UNITED KINGDOM OF
GREAT BRITAIN AND NORTHERN
IRELAND
LONDON, THE 1 DAY OF APRIL 1970.
THE FOLLOWING ILLUSTRATIVE ESTIMATES OF THE COSTS TO BE INCURRED BY
THE USG ON BEHALF OF HMG UNDER SECTION K, PARAGRAPHS 1 AND 2 OF THIS MOU
HAVE BEEN PREPARED FOR PLANNING PURPOSES ONLY.
THEY ARE BASED ON AN INITIAL PROGRAM OF TWO LAUNCHES, THE FIRST IN
LATE 1972 AND THE SECOND SIX TO TWELVE MONTHS LATER AND ASSUME:
I) THE USE OF THE LONG TANK THOR DELTA VEHICLE WITH TE-364 THIRD
STAGE (DSV-3L) AND THE STANDARD PAYLOAD FAIRING;
II) SCF SUPPORT FOR INITIAL POSITIONING OF THE SATELLITES FOR
DELIVERY ON ORBIT AND PERFORMANCE VALIDATION ONLY, FOR A PERIOD NOT
EXCEEDING 30 DAYS FOR EACH SATELLITE;
LAUNCH VEHICLES 12.12
LAUNCH SERVICE 1.75
SCF RANGE SERVICES 0.15
ADMINISTRATION (2%) 0.28
TOTAL 14.30* *NOTE: THE ESTIMATED TOTAL DOES NOT INCLUDE THE COST OF
CRYPTOLOGIC EQUIPMENTS AND OTHER ITEMS (IF REQUIRED).
KOREA, REPUBLIC OF 10 MAY 1978 FLITE DOCUMENT NO. 7900081
MEMORANDUM OF UNDERSTANDING EXECUTED 10 MAY 1978.
MEMORANDUM OF UNDERSTANDING CONCERNING SUBSISTENCE SUPPORT TO CERTAIN
REPUBLIC OF KOREA PERSONNEL. UNDERSTANDING TERMINATES TWO (2) YEARS
FROM EFFECTIVE DATE.
MEMORANDUM OF UNDERSTANDING BETWEEN ACOFS, J4, HEADQUARTERS USFK
REPRESENTING COMMANDER, USFK AND DIRECTOR, LOGISTICS BUREAU, MND
REPRESENTING MINISTER OF NATIONAL DEFENSE, ROK(MND) CONCERNING
SUBSISTENCE SUPPORT TO CERTAIN ROK PERSONNEL
I. THIS MOU IS MADE PURSUANT TO THE PROVISIONS OF THE MUTUAL DEFENSE
TREATY AND THE US-ROK STATUS OF FORCES AGREEMENT, AND IN COMPLIANCE WITH
PERTINENT US ARMY REGULATIONS GOVERNING REIMBURSEMENTS FOR MEALS SERVED
TO FOREIGN PERSONNEL (AR 30-1, PARA 5-6) AND 5-10).
II. THIS MOU SETS FORTH PROCEDURES WHEREBY CERTAIN ROK PERSONNEL MAY
BE FURNISHED MEALS ON THE SAME BASIS AND RATES AS THEIR US FORCES
COUNTERPARTS AND WHEREBY REIMBURSEMENT FOR SUCH MEALS ARE TO BE MADE BY
MND. PERSONNEL TO BE PROVIDED SUBSISTENCE SHALL BE ROK
MILITARY/CIVILIAN PERSONNEL PARTICIPATING IN PLANNING AND CONDUCT OF
EXERCISES, COMBINED COMMAND STAFF MEMBERS, LIAISON OFFICERS, TANGO CP
STAFF MEMBERS AND OTHER CATEGORIES SUBJECT TO THE CONSENT OF USFK.
KATUSA'S, ROKA KATUSA STAFF OFFICERS, HONOR GUARDS, AIDE TO U.S.
GENERAL/FLAG OFFICERS AND ARMISTICE AFFAIRS PERSONNEL ARE EXCLUDED FROM
THIS AGREEMENT, SINCE THEY ARE SPECIFICALLY ADDRESSED IN ARMY
REGULATIONS.
III. USFK RESPONSIBILITIES AND RIGHTS SHALL BE AS FOLLOWS:
A. TO PROVIDE MEALS TO ROK PERSONNEL IN ESTABLISHED US ARMY DINING
FACILITIES DURING NORMAL OPERATING HOURS.
B. TO PROVIDE TO DIRECTOR, LOGISTICS BUREAU, MND, DOCUMENTARY
EVIDENCE BY COPIES OF UNIT GUEST REGISTER, HEADCOUNT SHEETS OR OTHER
APPROPRIATE MEANS OF THE NUMBER OF MEALS PROVIDED TO ROK PERSONNEL
HEREUNDER.
C. TO DENY ACCESS TO INDIVIDUALS WHO FAIL TO COMPLY WITH REGULATIONS
ISSUED WITH REGARD TO THIS SUBJECT.
IV. MND RESPONSIBILITIES AND RIGHTS SHALL BE AS FOLLOWS:
A. TO INSTRUCT ALL ROK PERSONNEL WHO PARTICIPATE IN THE CARRYING OUT
OF THIS MOU TO SHOW APPROPRIATE IDENTIFICATION UPON ENTRY INTO A US
DINING FACILITY AND TO SIGN THE SPECIAL ROK GUEST REGISTER OR HEADCOUNT
SHEET PRIOR TO ENTERING THE SERVING LINE.
B. TO REIMBURSE THE US WITHIN 20 DAYS OF RECEIPT OF MONTHLY STATEMENT
OF CHARGES, FOR ALL MEALS SERVED TO ITS PERSONNEL AT THE ESTABLISHED
RATES. MND WILL REIMBURSE FOR ALL MEALS CONSUMED BY ITS PERSONNEL AT
THE CURRENT RATES. SURCHARGES WILL BE ASSESSED AS REQUIRED IAW
APPLICABLE REGULATIONS. PAYMENT WILL BE BY DOLLAR OR WON, CHECKS
PAYABLE TO TREASURER OF THE U.S. IF PAYMENT IS BY WON, THE RATE OF
EXCHANGE WILL ACCORD WITH THE RATE ESTABLISHED BY THE US FINANCE OFFICE,
USFK. PAYMENT WILL BE SENT TO USAFAO, K, APO 96301.
V. THIS MOU WILL BE IN ENGLISH AND KOREAN. IN EVENT OF ANY CONFLICT,
THE ENGLISH VERSION WILL PREVAIL.
VI. REVISION OR MODIFICATION OF THIS MOU WILL BE BY MUTUAL CONSENT.
VII. THIS MOU BECOMES EFFECTIVE UPON SIGNATURE OF THE PARTIES AND
WILL TERMINATE 2 YEARS FROM THE EFFECTIVE DATE, UNLESS RENEWED BY MUTUAL
CONSENT. THIS MOU MAY BE CANCELLED BY EITHER PARTY UPON GIVING AT LEAST
60 DAYS WRITTEN NOTICE TO THE OTHER PARTY.
SHIN BONG KYUN
MAJOR GENERAL
DIRECTOR, LOGISTICS BUREAU
CHINA, REPUBLIC OF 2 JUN 1975 FLITE DOCUMENT NO. 7900080
EXCHANGE OF LETTERS EXECUTED 1 MAY AND 2 JUNE 1975.
EXCHANGE OF LETTERS TERMINATING JOINT AGREEMENT ON WEATHER SATELLITE
RECEIVER OPERATION AND MAINTENANCE, AT THE CHINESE WEATHER CENTRAL,
TAIPEI, TAIWAN.
TRANSLATION
REFERENCE NO: (64)LB-089/254
TO: LT COL. EDWARD M. LINN
WEATHER ADVISER
MAAG, ROC
SUBJECT: JOINT AGREEMENT ON WEATHER SATELLITE RECEIVER
DESCRIPTION:
1. REFERENCE YOUR LETTER DATED 1 MAY 1975, SUBJECT AS ABOVE.
2. WE CONCUR WITH YOU IN TERMINATING "THE CHINESE AIR FORCE AND THE
UNITED STATES AIR FORCE JOINT AGREEMENT ON THE OPERATION AND MAINTENANCE
OF WEATHER SATELLITE RECEIVING EQUIPMENT AT THE CHINESE WEATHER CENTRAL,
TAIPEI, TAIWAN" FORM THE DATE WHEN CAF TAKES OVER THE SAID EQUIPMENT.
YEN JEAN-KUN
COL. CAF
COMMANDER, WEATHER WING
WE/LT COL. LINN/3481/JMD/1 MAY 75
WE
JOINT AGREEMENT ON WEATHER SATELLITE RECEIVER
COL YEN, JEAN-KUN
COMMANDER
WEATHER WING
CHINESE AIR FORCE
1. AS SOON AS THE PAPERWORK IS COMPLETED WE WILL BE ABLE TO TURN THE
WEATHER SATELLITE RECEIVING EQUIPMENT OVER TO THE WEATHER WING. THE
MAINTENANCE SCHOOL HAS BEEN COMPLETED AND THE CAF NOW HAS PERSONNEL WHO
ARE FULLY CAPABLE OF MAINTAINING THE EQUIPMENT. ALL NECESSARY SUPPLIES
SUCH AS PARTS, PAPER, TOS, AND TEST EQUIPMENT SHOULD BE ON ORDER THROUGH
CAF SUPPLY CHANNELS.
2. I HOPE THAT ALL ARRANGEMENTS ARE COMPLETED WITHIN 30 DAYS SO THAT
WE CAN TURN THE EQUIPMENT OVER DURING JUNE. REQUEST THAT WE TERMINATE
.THE CHINESE AIR FORCE AND THE UNITED STATES AIR FORCE JOINT AGREEMENT
ON THE OPERATION AND MAINTENANCE OF WEATHER SATELLITE RECEIVING
EQUIPMENT AT THE CHINESE WEATHER CENTRAL, TAIPEI, TAIWAN," BY MUTUAL
CONSENT WHEN THE EQUIPMENT IS TURNED OVER TO THE CAF WEATHER WING.
SIGNED
EDWARD M. LINN, LT COL, USAF
OFFICER IN CHARGE
SWITZERLAND 9 JUL 1975 FLITE DOCUMENT NO. 7900079
MEMORANDUM OF UNDERSTANDING EXECUTED 2 AND 9 JULY 1975.
MEMORANDUM OF UNDERSTANDING BETWEEN THE GOVERNMENT OF THE SWISS
FEDERATION AND THE UNITED STATES CONCERNING THE F-5 PROGRAM.
UNDERSTANDING REMAINS IN EFFECT FOR EIGHT (8) YEARS.
1. THE GOVERNMENT OF THE SWISS CONFEDERATION, ACTING THROUGH THE
FEDERAL MILITARY DEPARTMENT (HEREINAFTER CALLED THE FMD) INTENDS TO
PURCHASE A QUANTITY OF F-5E AND F-5F AIRCRAFT, WITH ASSOCIATED
SUPPORTING DEFENSE ARTICLES AND SERVICES, FROM U.S. SOURCES THROUGH THE
UNITED STATES DEPARTMENT OF DEFENSE (HEREINAFTER CALLED THE DOD) UNDER
FOREIGN MILITARY SALES PROCEDURES.
2. THE GOAL OF THE MEMORANDUM OF UNDERSTANDING (MOU) IS TO OFFSET TO
THE MAXIMUM EXTENT POSSIBLE THE AMOUNT TO BE PAID BY THE SWISS
GOVERNMENT FOR THE AIRCRAFT AND SUPPORTING EQUIPMENT SET OUT IN
PARAGRAPH 1 BY PLACING CONTRACTS ON A COMPETITIVE BASIS WITH SWISS
INDUSTRIES, BUT IN NO EVENT WILL THE GOAL BE LESS THAN 30%.
3. THE UNITED STATES GOVERNMENT, ACTING THROUGH THE DOD, AND THE
GOVERNMENT OF THE SWISS CONFEDERATION, ACTING THROUGH THE FMD, IN
SEEKING TO ATTAIN THIS GOAL, WILL LOOK TO THOSE U.S. FIRMS BENEFITING
SUBSTANTIALLY FROM THE SWISS PURCHASE TO CARRY THE PRIMARY BURDEN OF
OFFSET IMPLEMENTATIONS. IT WILL BE THE BASIC RESPONSIBILITY OF INDUSTRY
IN EACH COUNTRY TO IDENTIFY AND DEFINE THEIR CAPABILITIES AND TO CARRY
OUT THE SUPPORTING ACTION TO FACILITATE THE INDUSTRIAL PARTICIPATION
ENVISIONED HEREIN. DURING THE FIRST TWO YEARS THE PRIMARY BURDEN OF
OFFSET IMPLEMENTATION WILL BE UPON NORTHROP, GENERAL ELECTRIC AND
RELATED CONTRACTORS. HOWEVER, IF DURING THAT PERIOD SWISS INDUSTRY
OFFERS ITEMS WHICH CAN MEET VALID U.S. DEFENSE PROCUREMENT ON A
COMPETITIVE BASIS, THE PROVISIONS OF PARA 5 WILL BE APPLICABLE. AFTER
SUCH TWO YEAR PERIOD REPRESENTATIVES OF THE PARTIES HERETO, WITH
APPROPRIATE REPRESENTATIVES FROM THE INDUSTRIAL SECTORS, WILL MEET TO
REVIEW PROGRESS HEREUNDER. SHOULD IT BE APPARENT THAT THE OFFSET
OBJECTIVES MAY NOT BE REACHED BEFORE THE EXPIRATION OF THE MOU, THE DOD
WILL AUGMENT INDUSTRY EFFORTS TO REACH THAT OBJECTIVE BY OFFERING TO
SWISS INDUSTRY THE OPPORTUNITY TO PROVIDE DEFENSE ARTICLES AND SERVICES
UNDER COMPETITIVE SOLICITATION PROCEDURES AND IN ACCORDANCE WITH
PARAGRAPH 5.
4.(A) IN ORDER TO ACHIEVE THE GOAL THE DOD, CONTINGENT ON THE SALE OF
THE ABOVE QUANTITIES OF AIRCRAFT TO THE GOVERNMENT OF THE SWISS
CONFEDERATION, AGREES TO USE ITS BEST EFFORTS TO HAVE NORTHROP, GENERAL
ELECTRIC, AND OTHER COMPANIES ASSOCIATED WITH THE F-5E AND F AIRCRAFT
PROGRAM PROVIDE SWISS INDUSTRY WITH THE OPPORTUNITY TO COMPETE, ON AN
EQUAL BASIS WITH U.S. INDUSTRY AND OTHER SOURCES FOR SUB-CONTRACTS. IN
ADDITION, THE DOD WILL ENCOURAGE THE PRIME CONTRACTORS (NORTHROP AND GE)
TO IMPLEMENT THEIR PLANS FOR EXPANSION OF SWISS PRODUCTS IN THE U.S. AND
THIRD-COUNTRY MARKETS.
(B) SWISS ITEMS PURCHASED BY U.S. SOURCES (INCLUDING MUNICIPALITIES)
AND SWISS ITEMS PURCHASED BY THIRD-COUNTRY SOURCES AS A RESULT OF THE
EFFORTS OF NORTHROP, GE AND OTHER U.S. CONTRACTORS ASSOCIATED WITH THE
F-5 PROGRAM WILL BE RECOGNIZED IN ANY COMPUTATION OF OFFSET AMOUNTS.
THE PRIMARY TEST WILL BE A MUTUAL ACCORD AS TO WHETHER OR NOT A GIVEN
SALE OCCURRED AS A RESULT OF EFFORTS ARISING FROM THIS OFFSET AGREEMENT.
TO FACILITATE THESE COMPUTATIONS THE DOD WILL LOOK PRIMARILY TO THE
CONTRACTOR TO KEEP RECORDS ADEQUATE FOR THIS PURPOSE.
5. THE DOD AGREES THAT IN SEEKING TO ATTAIN THIS GOAL, IT WILL:
(A) PROVIDE FOR WAIVER OF THE COST OF IMPORT DUTIES IN EVALUATING
DEFENSE PRIME CONTRACTS AND SUB-CONTRACT SOLICITATIONS FROM SWISS
INDUSTRY AND FOR THE NECESSARY DUTY-FREE ENTRY CERTIFICATES AND RELATED
DOCUMENTATION.
(B) EMPHASIZE THAT IN INVITING SUBMISSION OF SELECTED TENDERS,
SPECIAL CONSIDERATION SHOULD BE GIVEN TO THOSE ITEMS FOR WHICH SWISS
INDUSTRY CAN BID ON A COMPETITIVE BASIS.
(C) USE ITS BEST EFFORTS TO HAVE TECHNICAL DATA REQUIRED FOR
PRODUCTION PROVIDED TO SWISS CONTRACTORS ON A REASONABLE COST BASIS.
(D) FACILITATE THE NECESSARY EXPORT LICENSES REQUIRED FOR THE
PROVISION OF BID PACKAGE AND RELATED TECHNICAL DATA TO ACCOMPLISH THE
ABOVE.
(E) PROVIDE FOR WAIVER TO THE EXTENT PERMITTED UNDER "BUY NATIONAL"
LEGISLATION AND REGULATIONS.
6. THE FMD AND ITS ORGANIZATIONS WILL USE THEIR GOOD OFFICES AND
AUTHORITY TO ACHIEVE THE ESTABLISHED PROCUREMENT OBJECTIVES. THIS WILL
INCLUDE, IN ADDITION TO THE PURCHASE OF THE F-5 AIRCRAFT, THE FOLLOWING:
(A) DIRECTION TO SWISS INDUSTRY ON STEPS TO BE TAKEN BY SWISS
INDUSTRIAL FIRMS TO MAKE KNOWN THEIR CAPABILITIES AND PRODUCTS WHICH
MIGHT QUALIFY FOR COMPETITIVE PROCUREMENT BY U.S. INDUSTRY AND, TO THE
EXTENT NECESSARY, BY THE DOD;
(B) ADVICE TO SWISS INDUSTRY ON THE NECESSARY STEPS THEY MUST TAKE TO
COORDINATE THEIR EFFORTS IN RESPONDING TO U.S. OFFERS;
(C) ASSISTANCE TO SWISS INDUSTRY IN MEETING HANDLING REQUIREMENTS FOR
CLASSIFIED U.S. INFORMATION.
7. THE FMD AND THE DOD WILL APPOINT PROJECT OFFICERS TO MONITOR
PROGRESS TOWARD THE OBJECTIVE OF THIS MOU. THESE PROJECT OFFICERS WILL
MEET PERIODICALLY, BUT NOT LESS THAN ANNUALLY, TO REVIEW THE PROGRESS OF
THIS UNDERSTANDING AND RECOMMEND SUCH ACTION AS MAY APPEAR NECESSARY TO
CARRY OUT ITS OBJECTIVE.
8. AT THE END OF EVERY TWO YEARS, REPRESENTATIVES OF THE PARTIES
HERETO WITH APPROPRIATE REPRESENTATIVES FROM THE INDUSTRIAL SECTORS WILL
MEET TO REVIEW PROGRESS UNDER THIS MOU.
9. THIS MEMORANDUM OF UNDERSTANDING IS EFFECTIVE ON THE DATE ON
WHICH IT IS SIGNED, AND SHALL REMAIN IN EFFECT FOR EIGHT YEARS, SUBJECT
TO THE RESPECTIVE LAWS OF THE GOVERNMENT OF THE SWISS CONFEDERATION AND
THE GOVERNMENT OF THE UNITED STATES.
SIGNED
THE SECRETARY OF DEFENSE OF THE UNITED STATES OF AMERICA
2 JULY 1975
EGYPT 25 SEP 1975 FLITE DOCUMENT NO. 7900078
EXCHANGE OF NOTES EXECUTED 20 AUGUST AND 25 SEPTEMBER 1975.
EXCHANGE OF NOTES AMENDING ARRANGEMENT OF 25 APRIL 1974 IN ORDER THAT
THE PROVISIONS OF THE ARRANGEMENT OF 25 APRIL 1974 COULD BE APPLICABLE
TO OPERATIONS UNDERTAKEN IN THE AREA OF PORT SAID AND BETWEEN PORT SAID
AND DAMIETTA.
EXCELLENCY:
I HAVE THE HONOR TO REFER TO THE ARRANGEMENT OF APRIL 25, 1974,
BETWEEN THE UNITED STATES OF AMERICA AND EGYPT FOR THE CLEARANCE OF
MINES AND UNEXPLODED ORDNANCE FROM THE SUEZ CANAL AND ITS ENVIRONS, AND
TO THE RECENT DISCUSSIONS BETWEEN OUR GOVERNMENTS CONCERNING ASSISTANCE
BY THE UNITED STATES FOR SIMILAR CLEARING OPERATIONS IN THE COASTAL
WATERS IN THE ENVIRONS OF PORT SAID AND BETWEEN PORT SAID AND DAMIETTA.
I PROPOSE THAT, IN ORDER THAT THE PROVISIONS OF THE ARRANGEMENT OF APRIL
25, 1974, SHALL BE APPLICABLE TO OPERATIONS UNDERTAKEN IN THE AREA OF
PORT SAID, ARTICLES 1A AND P OF THE ARRANGEMENT BE AMENDED TO READ AS
FOLLOWS:
"1. THE GOVERNMENT OF THE UNITED STATES WILL, SUBJECT TO THE
AVAILABILITY OF FUNDS, AND OTHERWISE IN ACCORDANCE WITH THE LAWS OF THE
UNITED STATES, ASSIST IN THE CLEARANCE OF THE SUEZ CANAL AND OTHER AREAS
AS FOLLOWS;
"A. A SPECIAL UNITED STATES FORCE (HEREINAFTER REFERRED TO AS THE
"FORCE") ESTABLISHED FOR THESE PURPOSES SHALL, IN COOPERATION WITH THE
APPROPRIATE AUTHORITIES OF THE ARAB REPUBLIC OF EGYPT AND, AS MAY BE
AGREED, THE ARMED FORCES OF HIS EXCELLENCY THE UNITED KINGDOM, CARRY OUT
MINESWEEPING OPERATIONS IN THE SUEZ CANAL, AND IN THE COASTAL WATERS IN
THE ENVIRONS OF PORT SAID AND BETWEEN PORT SAID AND DAMIETTA.
"B. THE FORCE SHALL ALSO PROVIDE TRAINING AND ADVISORY ASSISTANCE TO
PERSONNEL OF THE ARAB REPUBLIC OF EGYPT WITH A VIEW TO ENABLING THE
LATTER TO CARRY OUT DETECTION AND DISPOSAL OF UNEXPLODED ORDNANCE
SITUATED IN OR ADJACENT TO THE SUEZ CANAL, OR IN OR ADJACENT TO THE
COASTAL WATERS IN THE ENVIRONS OF PORT SAID; OR BETWEEN PORT SAID AND
DAMIETTA, BUT THE FORCE SHALL NOT ITSELF CARRY OUT SUCH OPERATIONS."
IF THE FOREGOING IS ACCEPTABLE TO THE GOVERNMENT OF THE ARAB REPUBLIC
OF EGYPT, I HAVE THE HONOR TO PROPOSE THAT THIS NOTE AND YOUR NOTE IN
REPLY CONFIRMING ACCEPTANCE WILL CONSTITUTE AN AGREEMENT BETWEEN OUR
RESPECTIVE GOVERNMENTS AMENDING THE ARRANGEMENT OF APRIL 25, 1974.
ACCEPT, EXCELLENCY, THE ASSURANCE OF MY HIGHEST CONSIDERATION.
MINISTRY OF FOREIGN AFFAIRS
EXCELLENCY,
I REFER TO YOUR FIRST PERSON NOTE OF AUGUST 20, 1975 CONCERNING
ASSISTANCE BY THE UNITED STATES FOR CLEARING OPERATIONS IN THE COASTAL
WATERS IN THE ENVIRONS OF PORT SAID AND BETWEEN PORT SAID AND DAMIETTA
AND PROPOSING THAT, IN ORDER THAT THE PROVISIONS OF THE ARRANGEMENT OF
APRIL 25, 1974 SHALL BE APPLICABLE TO OPERATIONS UNDERTAKEN IN THE AREA
OF PORT SAID ARTICLE 1 (A AND B) OF THE ARRANGEMENT BE AMENDED TO READ
AS FOLLOWS:
"1. THE GOVERNMENT OF THE UNITED STATES WILL, SUBJECT TO THE
AVAILABILITY OF FUNDS, AND OTHERWISE IN ACCORDANCE WITH THE LAWS OF THE
UNITED STATES, ASSIST IN THE CLEARANCE OF THE SUEZ CANAL AND OTHER AREAS
AS FOLLOWS:
"A. A SPECIAL UNITED STATES FORCE (HEREINAFTER REFERRED TO AS THE
"FORCE") ESTABLISHED FOR THESE PURPOSES SHALL, IN COOPERATION WITH THE
APPROPRIATE AUTHORITIES OF THE ARAB REPUBLIC OF EGYPT AND, AS MAY BE
AGREED, THE ARMED FORCES OF THE UNITED KINGDOM, CARRY OUT MINESWEEPING
OPERATIONS IN THE SUEZ CANAL, AND IN THE COASTAL WATERS IN THE ENVIRONS
OF PORT SAID AND BETWEEN PORT SAID AND DAMIETTA.
"B. THE FORCE SHALL ALSO PROVIDE TRAINING AND ADVISORY ASSISTANCE TO
PERSONNEL OF THE ARAB REPUBLIC OF EGYPT WITH A VIEW TO ENABLING THE
LATTER TO CARRY OUT DETECTION AND DISPOSAL OF UNEXPLODED ORDNANCE
SITUATED IN OR ADJACENT TO THE SUEZ CANAL, OR IN OR ADJACENT TO THE
COASTAL WATERS IN THE ENVIRONS OF PORT SAID, OR BETWEEN PORT SAID AND
DAMIETTA, BUT THE FORCE SHALL NOT ITSELF CARRY OUT SUCH OPE=ATIONS."
I WISH TO INFORM YOU THAT THE FOREGOING IS ACCEPTABLE TO THE
GOVERNMENT OF THE ARAB REPUBLIC OF EGYPT AND CONFIRM THAT YOUR NOTE OF
AUGUST 20, 1975 AND THIS NOTE WHICH IS IN REPLY, CONSTITUTE AN
ARRANGEMENT BETWEEN OUR RESPECTIVE GOVERNMENTS AMENDING THE ARRANGEMENTS
OF APRIL 25, 1974.
ACCEPT, EXCELLENCY, THE ASSURANCE OF MY HIGHEST CONSIDERATION.
CHINA, REPUBLIC OF 1 MAY 1975 FLITE DOCUMENT NO. 7900077
OPERATIONS LETTER EXECUTED 1 MAY 1975.
OPERATIONS LETTER REGARDING AIR TRAFFIC CONTROL VOICE RECORDINGS OF
AIRCRAFT ACCIDENTS/INCIDENTS INVESTIGATION REQUIREMENTS.
6217TH TACTICAL GROUP OPERATIONS LETTER NO.
3RD TACTICAL FIGHTER WING OPERATIONS LETTER NO.
CHING CHUAN KANG RAPCONOPERATIONS LETTER NO. 10
CHING CHUAN KANG CONTROL TOWER OPERATIONS LETTER NO. 13
SUBJECT: AIR TRAFFIC CONTROL VOICE RECORDINGS OF AIRCRAFT
ACCIDENTS/INCIDENTS
EFFECTIVE: 01 MAY 1975
CCK RAPCON USAF, AND CCK CONTROL TOWER CAF, 15 JUL 1970)
1. THE FOLLOWING PROCEDURES SHALL BE ADHERED TO WHEN SAFEGUARDING
AND HANDLING AIR TRAFFIC CONTROL VOICE RECORDINGS OF AIRCRAFT
ACCIDENTS/INCIDENTS INVOLVING U.S. OR CAF AIRCRAFT. THIS OPERATIONS
LETTER IS PURSUANT TO THE PROVISIONS OF ARTICLE 5 OF THE JOINT AGREEMENT
ON OPERATION OF AIR-TRAFFIC CONTROL FACILITIES AT CHING CHUAN KANG AIR
BASE, TAIWAN, DATED 15 SEPTEMBER 1971.
2. PROCEDURES FOR HANDLING CHINESE AIR FORCE ATC TAPE RECORDINGS:
A. CCK CONTROL TOWER RECORDINGS SHALL BE ACCESSABLE TO THE USAF FOR
ACCIDENT/INCIDENT INVESTIGATION REQUIREMENTS.
B. COMMANDERS OR STAFF AGENCIES WHO WOULD NORMALLY REQUIRE ACCESS TO
CHINESE AIR FORCE ATC TAPE RECORDINGS ARE LISTED IN ATTACHMENT ONE.
C. PROCEDURES FOR HANDLING THESE TAPE RECORDINGS ARE AS DESCRIBED IN
PARAGRAPHS 5 AND 6.
D. THE USAF PERSONNEL REQUIRING ACCESS TO CAF RECORDINGS SHALL SUBMIT
A WRITTEN REQUEST TO THE COMMANDER, 3RD COMM/ATC, SQUADRON (CAF)
REQUESTING THE REMOVAL OF TAPES. THIS ACTION MAY BE ACCOMPLISHED WHEN
AN ACCIDENT/INCIDENT OCCURS OR IS SUSPECTED TO HAVE OCCURRED.
3. PROCEDURES FOR HANDLING USAF ATC TAPE RECORDINGS:
A. CHING CHUAN KANG RAPCON RECORDINGS SHALL BE ACCESSABLE TO THE CAF
FOR ACCIDENT/INCIDENT INVESTIGATION REQUIREMENTS.
B. COMMANDERS OR STAFF AGENCIES REQUIRING ACCESS TO USAF RECORDINGS
ARE LISTED IN ATTACHMENT ONE.
C. THE CAF PERSONNEL REQUIRING ACCESS TO USAF RECORDINGS SHALL SUBMIT
A WRITTEN REQUEST TO THE COMMANDER, 2129TH COMMUNICATIONS SQUADRON
(AFCS) REQUESTING THE REMOVAL OF TAPES. THIS ACTION MAY BE ACCOMPLISHED
WHEN AN ACCIDENT/INCIDENT OCCURS OR IS SUSPECTED TO HAVE OCCURRED.
4. RECORDING TAPES SHALL BE REMOVED FROM SERVICE BY THE RAPCON CHIEF
CONTROLLER AND SAFEGUARDED WHEN:
A. THEY CONTAIN ANY INFORMATION REGARDING AIRCRAFT
ACCIDENTS/INCIDENTS OR WHEN;
B. DIRECTED BY THE COMMANDER, 2129TH COMMUNICATIONS SQUADRON (AFCS).
5. CERTIFIED WRITTEN TRANSCRIPTIONS OF ORIGINAL ATC VOICE RECORDINGS
ARE NORMALLY REQUIRED FOR ACCIDENT/INCIDENT INVESTIGATIONS. WHEN
REQUIRED, THE CHIEF CONTROLLER SHALL PREPARE A MINIMUM OF FIVE CERTIFIED
TRUE COPIES. HE SHALL RETAIN ONE COPY FOR RECORD. TRANSCRIPT
PREPARATION PROCEDURES PUBLISHED IN AFM 60-5 SHALL BE UTILIZED.
6. ORIGINAL ATC VOICE RECORDINGS, WRITTEN OR AUDIO RECORDED, SHALL
NOT BE RELEASED FROM THE AFCS UNIT'S CUSTODY WITHOUT SPECIFIC
AUTHORIZATION FROM THE 6217TH TACTICAL GROUP COMMANDER OR HIS DESIGNATED
TAPE CUSTODIAN. IN ALL CASES, WHEN SUCH AUTHORIZATION IS GRANTED, A
WRITTEN RECEIPT SHALL BE REQUIRED.
COMMANDER, 3RD TAC FTR WG, CAF
COMMANDER, 6217TH TAC GP, USAF
PRESIDENT AND RECORDER, ACCIDENT INVESTIGATION BOARD, 6217TH TAC GP
DEPUTY COMMANDER FOR OPERATIONS, 6217 TAC GP, USAF
CHIEF, OPERATIONS AND TRAINING, 6217TH TAC GP, USAF
FLYING SAFETY OFFICER, 3RD TAC FTR WG, CAF
CHIEF OF SAFETY, 6217TH TAC GP, USAF
FLYING SAFETY OFFICER, 6217TH TAC GP, USAF
FLIGHT FACILITIES OFFICER, 3RD ATC SQ, CAF
CHIEF AIR TRAFFIC CONTROL OPERATIONS, 2129TH COMM SQ, USAF
CHIEF OF INSPECTOR GENERAL, 3RD TAC FTR WG, CAF
MULTILATERAL 31 MAY 1977 FLITE DOCUMENT NO. 7900076
MEMORANDUM OF UNDERSTANDING EXECUTED 20 MAY, 31 MAY, 2 JUNE, 6 JUNE,
13 JUNE, 22 JULY AND 1 DECEMBER 1977; EFFECTIVE 31 MAY 1977.
MEMORANDUM OF UNDERSTANDING REGARDING THE COOPERATIVE SUPPORT OF THE
NATO SEASPARROW SURFACE MISSILE SYSTEM.
1. THE GOVERNMENTS SIGNATORY TO THIS MEMORANDUM OF UNDERSTANDING ARE
PARTICIPATING GOVERNMENTS UNDER THE "MEMORANDUM OF UNDERSTANDING FOR
INTERNATIONAL DEVELOPMENT AND PRODUCTION OF THE NATO SEASPARROW SURFACE
MISSILE SYSTEM (NSSMS)" DATED 10 JUNE 1968 AS AMENDED (HEREINAFTER
REFERRED TO AS THE "DEVELOPMENT AND PRODUCTION MOU").
2. THE DEVELOPMENT OBJECTIVE OF THE DEVELOPMENT AND PRODUCTION MOU
HAS BEEN ACCOMPLISHED AND DELIVERIES OF THE PARTICIPATING GOVERNMENTS'
NATO SEASPARROW SURFACE MISSILE SYSTEM (HEREINAFTER REFERRED TO AS "NSSM
SYSTEM") HAVE COMMENCED.
3. THE SIGNATORY GOVERNMENTS DESIRE TO EXTEND THE SCOPE OF THEIR
COOPERATION AS A NATO PROJECT TO ENCOMPASS THE LOGISTIC SUPPORT OF
DELIVERED NSSM SYSTEM PRODUCTION REQUIREMENTS AND FOR THAT PURPOSE
DESIRE TO ESTABLISH A SUPPORT STAGE OF THEIR COOPERATIVE PROJECT.
4. ACCORDINGLY, THE SIGNATORY GOVERNMENTS (HEREINAFTER REFERRED TO
AS THE "PARTICIPATING GOVERNMENTS") AGREE TO ESTABLISH THE NSSMS
COOPERATIVE SUPPORT STAGE AND TO CONDUCT THE SAME AS A NATO PROJECT UPON
THE TERMS OF THIS MEMORANDUM OF UNDERSTANDING TOGETHER WITH SUCH
SUBSEQUENT ANNEXES OR AMENDMENTS MADE AS PROVIDED HEREIN. THE
PARTICIPATING GOVERNMENTS OTHER THAN THE UNITED STATES ARE HEREINAFTER
REFERRED TO AS THE "EUROPEAN PARTICIPATING GOVERNMENTS."
1. THE FOLLOWING ARE THE OBJECTIVES WHICH THE PARTICIPATING
GOVERNMENTS DESIRE TO ACHIEVE DURING THE COOPERATIVE SUPPORT STAGE:
A. INCREASE THE MILITARY EFFECTIVENESS OF THE NSSM SYSTEM EQUIPMENTS
ACQUIRED BY THE PARTICIPATING GOVERNMENTS.
B. SUPPORT THE MILITARY READINESS OF DEPLOYED NSSM SYSTEM EQUIPMENTS
OF THE PARTICIPATING GOVERNMENTS.
C. OBTAIN THE ECONOMIC ADVANTAGES OF A COOPERATIVE ENDEAVOR.
D. MAINTAIN THE STANDARDIZATION OF ALL CONFIGURATION ELEMENTS.
E. EVALUATE AND IMPLEMENT PROPOSED CONFIGURATION CHANGES ON A
COOPERATIVE BASIS.
F. REDUCE SUPPLY SUPPORT LEAD-TIMES TO A PRACTICAL MINIMUM.
G. UTILIZE MOST EFFECTIVELY THE MILITARY, INDUSTRIAL, SCIENTIFIC, AND
TECHNICAL RESOURCES OF THE PARTICIPATING GOVERNMENTS.
1. THE FOLLOWING ARE THE SERVICES WHICH WILL BE COOPERATIVELY
RENDERED TO THE PARTICIPATING GOVERNMENTS DURING THE COOPERATIVE SUPPORT
STAGE:
A. CONFIGURATION MANAGEMENT-- AS DESCRIBED IN SECTION V OF THIS
MEMORANDUM.
B. SUPPLY SUPPORT-- AS DESCRIBED IN SECTION VI OF THIS MEMORANDUM.
C. TECHNICAL SUPPORT-- AS DESCRIBED IN SECTION VII OF THIS
MEMORANDUM.
D. MISSILE SUPPORT-- AS DESCRIBED IN SECTION VIII OF THIS MEMORANDUM.
1. EACH REFERENCE MADE IN THIS MEMORANDUM TO THE NATO SEASPARROW
PROJECT STEERING COMMITTEE OF NSPSC SHALL BE UNDERSTOOD TO BE A
REFERENCE MADE ONLY TO THE ENTITY ESTABLISHED UNDER THE FOLLOWING
PROVISIONS AND POSSESSING THE RESPONSIBILITIES, POWERS AND AUTHORITIES
CONFERRED IN THIS MEMORANDUM.
2. A NATO SEASPARROW PROJECT STEERING COMMITTEE (NSPSC) COMPOSED OF
ONE MEMBER FROM EACH OF THE PARTICIPATING GOVERNMENTS IS HEREBY
ESTABLISHED. THE NSPSC WILL BE RESPONSIBLE FOR IMPLEMENTATION OF THE
COOPERATIVE SUPPORT STAGE IN ACCORDANCE WITH THIS MEMORANDUM. EACH
MEMBER OF THE NSPSC WILL BE RESPONSIBLE FOR THE NECESSARY COORDINATION
WITH THE APPROPRIATE AUTHORITIES OF HIS OWN NATION.
3. THE NSPSC SHALL PROMULGATE ITS OWN RULES CONSISTENT WITH THE
TERMS OF THIS MEMORANDUM FOR THE CONDUCT OF ITS BUSINESS AND THE
PERFORMANCE OF ITS RESPONSIBILITIES. A CHAIRMAN AND VICE CHAIRMAN OF
THE NSPSC SHALL BE SELECTED BY AND FROM AMONG THE MEMBERS. THE NSPSC
SHALL ESTABLISH ITS OWN PROCEDURES FOR THE SELECTION OF SUCCESSOR
CHAIRMEN AND VICE CHAIRMEN AND THEIR TERMS OF SERVICE. THE NSPSC WILL
MEET APPROXIMATELY EVERY SIX MONTHS AT PLACES OF MEETING TO BE AGREED BY
THE MEMBERS. ADDITIONAL MEETINGS WILL BE HELD AS AGREED BY THE MEMBERS.
4. A. THE FOLLOWING DECISIONS OF THE NSPSC SHALL BE MADE BY
UNANIMOUS VOTE OF THE MEMBERS. IF AGREEMENT CANNOT BE REACHED ON ANY
MATTER REQUIRING UNANIMOUS DECISION, THE MATTER WILL BE REFERRED BY EACH
MEMBER WITHOUT DELAY TO HIS GOVERNMENT FOR RESOLUTION.
(1) APPROVAL OF THE ANNUAL BUDGETS FOR NATO SEASPARROW SUPPORT SHARED
COSTS AND ANY REVISIONS THEREOF.
(2) QUESTIONS CONCERNING THE ALLOCATION OF COSTS BETWEEN NATO
SEASPARROW SUPPORT SHARED COSTS AND NATO SEASPARROW SUPPORT INDIVIDUAL
COSTS (AS DEFINED IN SECTION IX).
B. ALL OTHER DECISIONS SHALL BE MADE BY A MAJORITY VOTE OF THE
MEMBERS, ALL VOTES BEING EQUALLY WEIGHTED. THE CHAIRMAN OR THE
VICE-CHAIRMAN, IN THE ABSENCE OF THE CHAIRMAN, SHALL HAVE ONE ADDITIONAL
VOTE SOLELY FOR THE PURPOSES OF RESOLVING ANY TIED VOTE OF THE
MEMBERSHIP.
C. DECISIONS OF THE NSPSC SHALL BE IN WRITING, SERIALLY NUMBERED AND
DISTRIBUTED AS REQUIRED.
5. THERE SHALL BE A PROJECT MANAGER WHO WILL BE RESPONSIBLE TO THE
NSPSC FOR THE EXECUTION OF THE COOPERATIVE SUPPORT STAGE IN ACCORDANCE
WITH THE TERMS OF THIS MEMORANDUM AND SUCH INSTRUCTIONS FROM THE
STEERING COMMITTEE, CONSISTENT WITH THE TERMS OF THIS MEMORANDUM, AS MAY
BE NECESSARY FROM TIME TO TIME. EACH INCUMBENT PROJECT MANAGER SHALL BE
AN INDIVIDUAL DESIGNATED BY THE UNITED STATES GOVERNMENT. THERE SHALL
BE A NATO SEASPARROW PROJECT OFFICE (NSPO) WHICH WILL SERVE AS STAFF TO,
AND BE HEADED BY, THE PROJECT MANAGER. THE NSPO SHALL BE LOCATED IN THE
WASHINGTON, D.C. METROPOLITAN AREA. THE NSPO STAFF WILL BE THE MINIMUM
SIZE RECOMMENDED BY THE PROJECT MANAGER, AND APPROVED BY THE NSPSC, TO
BE NECESSARY FOR THE SUCCESSFUL ADMINISTRATION AND OPERATION OF THE
COOPERATIVE SUPPORT STAGE.
6. EACH OF THE EUROPEAN PARTICIPATING GOVERNMENTS SHALL FURNISH ONE
STAFF MEMBER IN A SPECIALTY TO BE AGREED WITH THE PROJECT MANAGER FOR
SERVICE IN THE NSPO; PROVIDED HOWEVER THAT THE FURNISHING OF ONE STAFF
MEMBER ON BEHALF OF UP TO TWO (2) EUROPEAN PARTICIPATING GOVERNMENTS
SHALL BE DEEMED TO SATISFY THE FOREGOING REQUIREMENT AS IT CONCERNS THE
GOVERNMENTS ON WHOSE BEHALF THE STAFF MEMBER IS FURNISHED. WITH RESPECT
TO ANY PERIOD DURING THE COOPERATIVE SUPPORT STAGE DURING WHICH A STAFF
MEMBER IS NOT FURNISHED BY A EUROPEAN PARTICIPATING GOVERNMENT, AS
AFORESAID, THAT GOVERNMENT SHALL DISBURSE TO THE UNITED STATES
GOVERNMENT A PORTION OF THE COST INCURRED BY THE UNITED STATES
GOVERNMENT FOR THE SALARIES OF UNITED STATES GOVERNMENT PERSONNEL (OTHER
THAN THE PROJECT MANAGER) ASSIGNED TO THE NSPO DETERMINED BY MULTIPLYING
SAID COST BY THE FRACTION DESCRIBED IN SECTION IX, PARAGRAPH 2(A) OF
THIS MEMORANDUM. AN NSPO STAFF MEMBER FURNISHED BY A EUROPEAN
PARTICIPATING GOVERNMENT SHALL HAVE SUCH DUTIES AS MAY BE ASSIGNED BY
THE PROJECT MANAGER. IN ADDITION SUCH STAFF MEMBER SHALL HAVE SUCH
DUTIES WITH RESPECT TO MATTERS AFFECTING HIS GOVERNMENT'S INTERESTS IN
THE CONDUCT OF THE COOPERATIVE SUPPORT STAGE AS MAY BE ASSIGNED BY THAT
GOVERNMENT. A EUROPEAN PARTICIPATING GOVERNMENT MAY ASSIGN ADDITIONAL
DUTIES UNRELATED TO NSPO DUTIES TO ITS NSPO STAFF MEMBER SO LONG AS THE
STAFF MEMBER REMAINS AVAILABLE FOR SERVICE IN THE NSPO FOR AT LEAST
ONE-HALF OF HIS USUAL WORK WEEK. THE STATUS OF STAFF MEMBERS FURNISHED
BY A EUROPEAN PARTICIPATING GOVERNMENT FOR SERVICE ON THE NSPO, WHO MEET
THE DEFINITION OF MEMBERS OF THE "FORCE" OR THE "CIVILIAN COMPONENT"
CONTAINED IN THE "AGREEMENT BETWEEN THE PARTIES TO THE NORTH ATLANTIC
TREATY REGARDING THE STATUS OF THEIR FORCES" SIGNED AT LONDON ON JUNE
19, 1951, AND THE "DEPENDENTS" OF SUCH MEMBERS SHALL BE GOVERNED BY THAT
AGREEMENT.
7. A. EACH SALE OF DEFENSE ARTICLES AND DEFENSE SERVICES UNDER THIS
MEMORANDUM OF UNDERSTANDING BY THE UNITED STATES GOVERNMENT TO A
EUROPEAN PARTICIPATING GOVERNMENT SHALL BE IN ACCORDANCE WITH THE UNITED
STATES ARMS EXPORT CONTROL ACT.
B. THE UNITED STATES GOVERNMENT AGREES TO ACCOMPLISH, ON BEHALF OF
THE PARTICIPATING GOVERNMENTS, THE PROCUREMENT OF SUPPLIES AND SERVICES
CONNECTED WITH THE COOPERATIVE SUPPORT STAGE. THIS FUNCTION, WHICH WILL
BE PERFORMED BY THE DEPARTMENT OF THE NAVY WITH THE ADVICE AND
ASSISTANCE OF THE NSPO, WILL INCLUDE THE SELECTION AND SOLICITATION OF
SOURCES AND THE PREPARATION, AWARD AND ADMINISTRATION OF CONTRACTS. IN
CARRYING OUT THIS UNDERTAKING, THE UNITED STATES GOVERNMENT WILL USE, TO
THE EXTENT POSSIBLE, ESTABLISHED DEPARTMENT OF DEFENSE CONTRACTING
PROCEDURES. AS USED HEREIN, THE TERM "CONTRACTING GOVERNMENT" REFERS TO
THE UNITED STATES GOVERNMENT ACTING IN THE AFOREMENTIONED PROCUREMENT
CAPACITY AND ALSO TO ANY OTHER PARTICIPATING GOVERNMENT ACTING IN THAT
CAPACITY PURSUANT TO THE REQUEST OF THE NSPSC OR THE PROJECT MANAGER.
EACH PARTICIPATING GOVERNMENT SHALL PROVIDE SUCH ASSISTANCE AS REQUESTED
BY THE CONTRACTING GOVERNMENT AS MAY BE NECESSARY FOR THE NEGOTIATION
AND ADMINISTRATION OF CONTRACTS AND SUBCONTRACTS PLACED WITHIN ITS
RESPECTIVE COUNTRY. THIS ASSISTANCE SHALL INCLUDE, BUT NOT BE LIMITED
TO, OBTAINING AND VERIFYING COST AND OTHER DATA FOR THE CONDUCT OF
NEGOTIATIONS BY THE CONTRACTING GOVERNMENT.
C. EACH CONTRACT AND SUBCONTRACT FOR SUPPLIES AND SERVICES CONNECTED
WITH THE COOPERATIVE SUPPORT STAGE WILL CONTAIN SUITABLE PROVISIONS:
(1) FOR THE OBTAINING OF ALL THE INFORMATION, RIGHTS AND ASSURANCES
REQUIRED BY THIS MEMORANDUM.
(2) FOR NOTIFICATION OF THE CONTRACTING GOVERNMENT IMMEDIATELY IF THE
CONTRACTOR OR SUBCONTRACTOR IS SUBJECT TO ANY LICENSE OR OTHER AGREEMENT
WHICH WILL OPERATE TO RESTRICT THE CONTRACTING GOVERNMENT'S FREEDOM TO
DISCLOSE INFORMATION UNDER SECTION X OR PERMIT ITS USE; AND TO USE ALL
REASONABLE EFFORTS, IF REQUESTED, TO SECURE THE RELAXATION OF SUCH
RESTRICTIONS. IF A CONTRACTING GOVERNMENT IS UNABLE TO SECURE FROM ANY
OF ITS PROPOSED CONTRACTORS ANY OF THE RIGHTS TO BE SECURED OR SOUGHT
FOR THE BENEFIT OF OTHER PARTICIPATING GOVERNMENTS IN ACCORDANCE WITH
THIS MEMORANDUM OF UNDERSTANDING, THE MEMBER OF THE NSPSC OF THE
CONTRACTING GOVERNMENT WILL CONSULT WITH THE NSPSC PRIOR TO PLACING THE
PROPOSED CONTRACT. IN THAT EVENT THE NSPSC MAY SUGGEST ALTERNATIVE
RIGHTS TO BE SOUGHT BY THE CONTRACTING GOVERNMENT OR APPROVE MAKING THE
PROPOSED CONTRACT WITHOUT SECURING THE RIGHTS IN QUESTION.
1. THE CONFIGURATION OF THE NSSM SYSTEM, AS DEFINED IN THE
PRODUCTION DATA PACKAGE DESCRIBING THE SYSTEM AS OF THE COMPLETION OF
ITS FIRST PRODUCTION ARTICLE INSPECTION (AND INCLUDING THE PRODUCTION
DATA PACKAGE DESCRIBING THE MISSILE IMPROVEMENTS AS OF SEPTEMBER 1974),
AS CHANGED FROM TIME TO TIME BY UNANIMOUS AGREEMENT OF THE PARTICIPATING
GOVERNMENTS, IS HEREINAFTER REFERRED TO AS THE "NSSM SYSTEM STANDARD
CONFIGURATION." THE PARTICIPATING GOVERNMENTS UNDERTAKE TO ADHERE TO THE
NSSM SYSTEM STANDARD CONFIGURATION TO THE MAXIMUM EXTENT PRACTICABLE AND
TO COOPERATIVELY INVESTIGATE, INITIATE AND IMPLEMENT ANY CHANGES THERETO
IN ACCORDANCE WITH THE PROCEDURES SET FORTH IN THIS SECTION.
2. THE PROJECT MANAGER SHALL FURNISH SUCH LIAISON AND TECHNICAL
ASSISTANCE AS MAY BE REQUIRED BY PARTICIPATING GOVERNMENTS FOR THE
INVESTIGATION AND CONSIDERATION OF POTENTIAL CHANGES TO THE NSSM SYSTEM
STANDARD CONFIGURATION.
3. A. EXCEPT AS PROVIDED IN PARAGRAPH 3.B OF THIS SECTION, A
PARTICIPATING GOVERNMENT DESIRING TO MAKE A CHANGE TO THE NSSM SYSTEM
STANDARD CONFIGURATION SHALL DELAY THE ISSUANCE OF THAT CHANGE UNTIL THE
EXPIRATION OF A PERIOD OF SIXTY (60) CALENDAR DAYS AFTER AN ENGINEERING
CHANGE PROPOSAL IN ACCORDANCE WITH UNITED STATES MILITARY STANDARD
MIL-STD-480 (HEREINAFTER REFERRED TO AS AN "ECP") DESCRIBING SUCH CHANGE
HAS BEEN PROVIDED TO THE PROJECT MANAGER. THE PROJECT MANAGER OR A
PARTICIPATING GOVERNMENT MAY REQUEST AN EXTENSION OF SUCH SIXTY (60) DAY
PERIOD, IN WHICH CASE THE SAME SHALL BE EXTENDED. DURING SUCH PERIOD,
THE PROJECT MANAGER: (1) SHALL PERFORM AN EVALUATION OF THE PROPOSED
CHANGE AND SHALL PREPARE RECOMMENDATIONS WITH RESPECT TO ITS ADOPTION AS
A CHANGE TO THE NSSM SYSTEM STANDARD CONFIGURATION; AND (2) SHALL
FURNISH A COPY OF SUCH ECP TOGETHER WITH HIS EVALUATION THEREOF AND HIS
RECOMMENDATIONS THEREON TO EACH OF THE OTHER PARTICIPATING GOVERNMENTS
FOR THEIR INFORMATION AND EVALUATION.
B. A PROPOSED CHANGE TO THE NSSM SYSTEM STANDARD CONFIGURATION WHICH
IS INITIATED WITH AN "EMERGENCY" PRIORITY DESIGNATION (AS THAT PRIORITY
IS DEFINED IN U.S. MILITARY STANDARD MIL-STD-480) MAY BE ISSUED BY THE
INITIATING PARTICIPATING GOVERNMENT WITHOUT DEFERRAL AS PROVIDED FOR IN
PARAGRAPH (A). A PROPOSED CHANGE TO THE NSSM SYSTEM STANDARD
CONFIGURATION WHICH IS INITIATED WITH AN "URGENT" PRIORITY DESIGNATION
(AS THAT PRIORITY IS DEFINED IN U.S. MILITARY STANDARD MIL-STD-480) MAY
BE ISSUED BY THE INITIATING PARTICIPATING GOVERNMENT AFTER THE
EXPIRATION OF FIFTEEN (15) CALENDAR DAYS AFTER THE ECP DESCRIBING SUCH
CHANGE HAS BEEN PROVIDED TO THE PROJECT MANAGER.
4. WHENEVER THE PROJECT MANAGER CONSIDERS THAT A CHANGE TO THE NSSM
SYSTEM STANDARD CONFIGURATION IS NECESSARY IN ORDER TO IMPROVE OR BETTER
ASSURE THE MILITARY EFFECTIVENESS, MILITARY READINESS, OR ECONOMICAL
OPERATION OR SUPPORT OF THE NSSM SYSTEM, AN ECP SHALL BE PREPARED
DESCRIBING SUCH PROPOSED CHANGE AND THE PROJECT MANAGER SHALL FURNISH
THE SAME WITH HIS RECOMMENDATIONS TO THE PARTICIPATING GOVERNMENTS FOR
THEIR INFORMATION AND EVALUATION.
5. IF A PROPOSED CHANGE TO THE NSSM SYSTEM STANDARD CONFIGURATION IS
ACCEPTED FOR IMPLEMENTATION BY EACH OF THE PARTICIPATING GOVERNMENTS,
THE PROJECT MANAGER SHALL TAKE SUCH ACTIONS AS ARE NECESSARY FOR THE
IMPLEMENTATION OF THE CHANGE BY OR FOR ALL THE PARTICIPATING
GOVERNMENTS, INCLUDING THE PREPARATION OF TECHNICAL DOCUMENTATION AND
THE PROCUREMENT OF REQUIRED ALTERATION KITS, ADDITIONAL SPARE PARTS AND
OTHER MATERIALS. IN THE EVENT THAT THE COSTS OF PREPARING THE ECP
DESCRIBING SUCH CHANGE HAVE BEEN INCURRED BY AN INDIVIDUAL PARTICIPATING
GOVERNMENT, THE PROJECT MANAGER SHALL ARRANGE FOR SHARING OF SUCH
PREPARATION COSTS AMONG THE PARTICIPATING GOVERNMENTS IN ACCORDANCE WITH
SECTION IX OF THIS MEMORANDUM.
6. IF A PROPOSED CHANGE TO THE NSSM SYSTEM STANDARD CONFIGURATION IS
ACCEPTED BY SOME, BUT NOT ALL OF THE PARTICIPATING GOVERNMENTS, THE
PROJECT MANAGER, UPON REQUEST OF ANY PARTICIPATING GOVERNMENT DESIRING
TO PROCEED WITH ISSUANCE OF SUCH CHANGE MAY FURNISH TO THAT GOVERNMENT
SUCH ASSISTANCE AND SERVICES AS MAY BE AGREED TO BE FEASIBLE AND
APPROPRIATE.
7. THE PROJECT MANAGER SHALL MAINTAIN CONFIGURATION STATUS ACCOUNTS
FOR THE NSSM SYSTEMS FOR ALL THE PARTICIPATING GOVERNMENTS. THE
PARTICIPATING GOVERNMENTS SHALL MAKE AVAILABLE TO THE PROJECT MANAGER
SUCH TECHNICAL INFORMATION, ADDITIONAL TO TECHNICAL INFORMATION UNDER
HIS MANAGEMENT PURSUANT TO THIS SECTION, AS MAY BE REQUIRED TO FULFILL
THE RESPONSIBILITIES PROVIDED FOR IN THIS PARAGRAPH.
8. NOTHING IN THIS SECTION SHALL BE CONSTRUED AS REQUIRING A
PARTICIPATING GOVERNMENT TO MAKE ANY DISCLOSURE OF CLASSIFIED
INFORMATION OR MATERIAL WHICH IS PROHIBITED BY ITS NATIONAL LAWS OR
REGULATIONS.
1. THE SCOPE OF COOPERATION UNDER THE DEVELOPMENT AND PRODUCTION MOU
INCLUDES THE DELIVERY TO EACH PARTICIPATING GOVERNMENT OF AN INITIAL
INVENTORY OF NSSM SYSTEM SPARE AND REPAIR PARTS. SUCH INITIAL INVENTORY
WILL CONSIST OF THE QUANTITY OF SPARE AND REPAIR PARTS LISTED IN THE
FOLLOWING DOCUMENTS:
A. COORDINATED SHIPBOARD ALLOWANCE LIST (COSAL)-- THE LISTED QUANTITY
OF SPARE AND REPAIR PARTS CONSTITUTING AN ESTIMATED NINETY (90) DAYS
ORGANIZATIONAL MAINTENANCE FOR EACH ACQUIRED NSSM SYSTEM.
B. COORDINATED SHOREBASED MATERIAL ALLOWANCE LIST (COSMAL)-- THE
LISTED QUANTITY OF SPARE AND REPAIR PARTS CONSTITUTING AN ESTIMATED 24
MONTHS STOCK LEVEL FOR REPLENISHMENT OF COSAL SPARE AND REPAIR PARTS AND
FOR THE SUPPORT OF MAINTENANCE THROUGH THE INTERMEDIATE LEVEL FOR THE
TOTAL QUANTITY OF NSSM SYSTEMS ACQUIRED BY A PARTICIPATING GOVERNMENT.
2. THE SCOPE OF COOPERATIVE SUPPORT UNDER THIS MEMORANDUM OF
UNDERSTANDING INCLUDES THE ESTABLISHMENT AND IMPLEMENTATION OF THE
ARRANGEMENTS DESCRIBED IN PARAGRAPHS 3, 4, 5 AND 9 OF THIS SECTION AND
SUCH AGREED ALTERNATIVE OR SUPPLEMENTAL COOPERATIVE ARRANGEMENTS AS ARE
NECESSARY OR ADVANTAGEOUS IN ORDER TO ENSURE THAT THE REQUIREMENTS OF
THE PARTICIPATING GOVERNMENTS FOR REPLENISHMENT OF STOCKS OF NSSM SYSTEM
SPARE AND REPAIR PARTS AND FOR REPAIR OR MODIFICATION OF NSSM SYSTEM
ITEMS OR EQUIPMENTS ARE SATISFIED. THE RESPONSIBILITIES OF THE PROJECT
MANAGER FOR EXECUTION OF THIS MEMORANDUM OF UNDERSTANDING SHALL INCLUDE
THE PERFORMANCE OF SUCH FUNCTIONS WITH RESPECT TO THE INITIATION,
ESTABLISHMENT, IMPLEMENTATION AND MONITORING OF THE FOREGOING
ARRANGEMENTS AS MAY BE DIRECTED BY THE NSPSC. THE AUTHORITY TO SIGN, ON
ITS BEHALF, AN AGREEMENT OR OTHER DOCUMENT IMPLEMENTING, OR RELATING TO,
THESE COOPERATIVE ARRANGEMENTS MAY BE DELEGATED BY A EUROPEAN
PARTICIPATING GOVERNMENT TO ANY PERSON PERMITTED BY HIS NATIONAL LAWS,
REGULATIONS AND POLICIES TO ACCEPT AND EXECUTE SUCH DELEGATION.
3. A. THE EUROPEAN PARTICIPATING GOVERNMENTS WILL BE AFFORDED NSSM
SYSTEM SPARE AND REPAIR PARTS SUPPORT EQUIVALENT TO THAT PROVIDED TO THE
UNITED STATES. TO THIS END, ARRANGEMENTS WILL BE MADE BY THE PROJECT
MANAGER TO AUGMENT UNITED STATES STOCKS AS NECESSARY AND THEREAFTER TO
MAINTAIN SUCH STOCKS AT APPROPRIATE LEVELS. THESE STOCKS TOGETHER WITH
SUCH OTHER ITEMS AS MAY BE PROCURED AT THE DIRECTION OF THE NSPSC SHALL
CONSTITUTE A COMMON POOL TO WHICH ALL PARTICIPATING GOVERNMENTS WILL
HAVE EQUAL ACCESS.
B. THE EUROPEAN PARTICIPATING GOVERNMENTS WILL BE CHARGED FOR
AUGMENTATION OF UNITED STATES STOCKS, FOR ALL SPARE AND REPAIR PARTS
DRAWN FROM SUCH AUGMENTED STOCKS, AND FOR ALL RELEVANT UNITED STATES
COSTS AND EXPENSES IN ACCORDANCE WITH THE PRICING AND COSTING POLICIES
APPLICABLE TO SALES TO OTHER GOVERNMENTS AND INTERNATIONAL ORGANIZATIONS
AS SET FORTH IN THE UNITED STATES DEPARTMENT OF DEFENSE DIRECTIVES AND
INSTRUCTIONS IN EFFECT DURING THE TERM OF THIS MEMORANDUM OF
UNDERSTANDING.
4. SUBJECT TO ITS NATIONAL LAWS, EACH PARTICIPATING GOVERNMENT
ISSUING A SOLICITATION FOR THE PROCUREMENT OF SPARES AND REPAIR PARTS
UNIQUE TO THE NSSM SYSTEM WILL:
A. TO THE EXTENT IT DEEMS PRACTICABLE, ENSURE THAT THE FIRM WHICH HAS
SUPPLIED ANY SUCH SPARES AND REPAIR PARTS FOR EQUIPMENTS PRODUCED UNDER
THE DEVELOPMENT AND PRODUCTION MOU ("ORIGINAL SUPPLIER") WILL BE INVITED
TO SUBMIT AN OFFER IN RESPONSE TO SUCH SOLICITATION.
B. EVALUATE AN ORIGINAL SUPPLIER'S LOW OTHERWISE ACCEPTABLE OFFER OF
NSSM SYSTEM UNIQUE SPARE AND REPAIR PARTS MANUFACTURED IN ANOTHER
PARTICIPATING GOVERNMENT'S COUNTRY WITHOUT THE ADDITION, TO THE OFFERED
PRICES, OF DIFFERENTIALS OTHERWISE APPLICABLE TO OFFERS OF ITEMS NOT
MANUFACTURED IN THE SOLICITING GOVERNMENT'S COUNTRY.
5. IN ACCORDANCE WITH DIRECTIONS OF THE NSPSC, ARRANGEMENTS WILL BE
MADE BY THE PROJECT MANAGER FOR THE ACCOMPLISHMENT OF MODIFICATION,
REPAIR AND RETURN, AND REPAIR AND EXCHANGE OF NSSM SYSTEMS COMPONENTS.
ANY PARTICIPATING GOVERNMENT ACCOMPLISHING SUCH WORK INDEPENDENTLY OF
SUCH ARRANGEMENTS SHALL BE RESPONSIBLE FOR THE APPLICATION OF IDENTICAL
CONFIGURATION AND QUALITY STANDARDS. IF A REPAIRABLE SPARE IS RETURNED,
CREDIT AT A FIXED PERCENTAGE OF THE STANDARD STOCK PRICE WILL BE GIVEN
EXCEPT FOR AN ITEM BEYOND ECONOMICAL REPAIR.
6. THE UNITED STATES SHALL BE RESPONSIBLE FOR THE ASSIGNMENT OF
NATIONAL AND NATO STOCK NUMBERS TO ALL NSSM SYSTEM ITEMS PROVISIONED
PURSUANT TO UNITED STATES DEPARTMENT OF DEFENSE PROVISIONING STANDARDS.
7. SUBJECT TO THE PROVISIONS OF PARAGRAPH 1 OF SECTION XI OF THIS
MEMORANDUM, EACH EUROPEAN PARTICIPATING GOVERNMENT AGREES THAT IT WILL
RESELL TO ANOTHER PARTICIPATING GOVERNMENT SUCH PARTS PREVIOUSLY
PROCURED UNDER THE PROVISIONS OF THIS SECTION AS THE SELLING GOVERNMENT
CONSIDERS MAY BE SO RESOLD WITHOUT IMPAIRMENT OF THE LOGISTIC READINESS
OF ITS NSSM SYSTEMS. PURSUANT TO ITS ARMS EXPORT CONTROL ACT, THE
UNITED STATES HEREBY CONSENTS TO THE SALE OR TRANSFER OF UNITED STATES
FURNISHED SPARE AND REPAIR PARTS AMONG EUROPEAN PARTICIPATING
GOVERNMENTS PURSUANT TO THIS PARAGRAPH 7. THE RESALE PRICE SHALL BE A
FAIR PRICE AS AGREED BETWEEN THE SELLING GOVERNMENT AND BUYING
GOVERNMENT, BUT IN HO EVENT SHALL THE RESALE PRICE INCLUDE ANY AMOUNT OF
PROFIT TO THE SELLING GOVERNMENT NOR EXCEED THE PRICE WHICH WOULD BE
QUOTED BY THE U.S. NAVY SUPPLY SYSTEM PURSUANT TO ITS THEN CURRENT
REGULATIONS. THE SELLING GOVERNMENT SHALL ALSO BE REIMBURSED BY THE
BUYING GOVERNMENT FOR THE COST OF TRANSPORTATION, STORAGE, MAINTENANCE
AND MODIF.CATIONS (IF ANY) OF THE ITEM AND THE COSTS OF SHIPMENT THEREOF
FROM THE PLACE OF STORAGE TO THE DESTINATION DESIGNATED BY THE BUYING
GOVERNMENT.
8. IF, AT ANY TIME DURING THE COOPERATIVE SUPPORT STAGE, THE PROJECT
MANAGER CONSIDERS THAT AN EXPANSION OF EXISTING FACILITIES OR THE
ACQUISITION OF ADDITIONAL CAPABILITY IS REQUIRED FOR THE IMPLEMENTATION
OF THIS MEMORANDUM, HE SHALL PREPARE AND PRESENT TO THE NSPSC A WRITTEN
PROPOSAL DESCRIBING THE NECESSARY ADDITIONAL FACILITIES OR CAPABILITIES,
COST AND SCHEDULE ESTIMATES THEREFOR, AND RECOMMENDATIONS WITH RESPECT
TO APPORTIONMENT OF SAID COSTS AS NATO SEASPARROW SUPPORT SHARED COST
AMONG THE PARTICIPATING GOVERNMENTS. ANY AGREEMENTS AMONG THE
GOVERNMENTS WITH RESPECT TO EXPANSION OF FACILITIES OR ACQUISITION OF
ADDITIONAL CAPABILITY SHALL BE SET FORTH IN A WRITTEN DECISION OF THE
NSPSC.
9. IN ACCORDANCE WITH THE DIRECTIONS OF THE NSPSC, ARRANGEMENTS WILL
BE MADE BY THE PROJECT MANAGER FOR ACCOMPLISHMENT OF MATERIAL
REQUIREMENTS RELATED TO NSSM SYSTEM INSTALLATION AND OVERHAUL.
1. IN ACCORDANCE WITH ITS OWN LAWS, THE PARTICIPATING GOVERNMENTS
WILL COOPERATIVELY FURNISH, OR PROCURE THE FURNISHING OF, THE FOLLOWING
TYPES OF TECHNICAL ASSISTANCE AND SERVICES:
A. INSTALLATION AND CHECKOUT ASSISTANCE IN SUPPORT OF THE DEVELOPMENT
AND PRODUCTION MOU.
B. FAILURE ANALYSES, ENGINEERING STUDIES, MAINTENANCE AND
DISTRIBUTION OF TECHNICAL DOCUMENTATION AND DIRECTIVES, IN-SERVICE
ENGINEERING SUPPORT.
C. ENGINEERING STUDIES, PLANNING, AND TECHNICAL ASSISTANCE AS
REQUIRED FOR THE PERFORMANCE OF NSSM SYSTEMS OVERHAUL AND REFURBISHMENT.
D. ANALYSES IN FURTHERANCE OF INCREASED MILITARY EFFECTIVENESS OF THE
NSSM SYSTEM EQUIPMENTS.
E. SUCH OTHER TECHNICAL ASSISTANCE AND SERVICES WHICH THE
PARTICIPATING GOVERNMENTS MAY, FROM TIME TO TIME, AGREE CAN BE MOST
EFFECTIVELY PERFORMED BY COOPERATIVE ARRANGEMENTS.
2. THE PROJECT MANAGER SHALL BE RESPONSIBLE FOR IMPLEMENTATION AND
MANAGEMENT OF TECHNICAL ASSISTANCE AND SERVICES PROGRAMS AS DIRECTED BY
THE NSPSC AND SHALL PROMULGATE PROCEDURES FOR PROCESSING AND FULFILLING
REQUESTS OF PARTICIPATING GOVERNMENTS FOR TECHNICAL ASSISTANCE OR
TECHNICAL SERVICES. REQUESTS FOR TECHNICAL ASSISTANCE OR TECHNICAL
SERVICES WITHIN THE SCOPE OF THESE PROGRAMS SHALL BE FULFILLED IN THE
ORDER IN WHICH RECEIVED, EXCEPT THAT THE PROJECT MANAGER IS AUTHORIZED
TO GRANT PRIORITY OF FULFILLMENT TO THOSE REQUESTS DETERMINED TO BE
URGENT.
3. EACH PARTICIPATING GOVERNMENT SHALL BE RESPONSIBLE FOR TRAINING
ITS OWN PERSONNEL IN THE OPERATION AND MAINTENANCE OF ITS NSSM SYSTEMS.
THE PROJECT MANAGER SHALL CAUSE THE BE PREPARED STANDARDS,
SPECIFICATIONS, MANUALS AND OTHER PUBLICATIONS AS NECESSARY TO ESTABLISH
SUCH UNIFORM REQUIREMENTS FOR TRAINING AND MAINTENANCE AS ARE AGREED BY
THE PARTICIPATING GOVERNMENTS TO BE NECESSARY OR USEFUL.
1. EACH PARTICIPATING GOVERNMENT WILL ESTABLISH ITS OWN ARRANGEMENTS
FOR INTERMEDIATE LEVEL HANDLING AND CHECK-OUT OF ITS SEASPARROW
MISSILES, FOR TRAINING OF PERSONNEL IN THE MAINTENANCE OF THE MISSILE,
FOR OVERHAUL AND REPAIR OF THE MISSILE, AND FOR OTHER TECHNICAL SERVICES
AND SUPPORT WITH RESPECT TO THE MISSILE. THE PROJECT MANAGER SHALL
RENDER SUCH ASSISTANCE AS MAY BE PRACTICABLE FOR THE COORDINATION OF
ORDERS OF PARTICIPATING GOVERNMENTS WITH COGNIZANT U.S. NAVY ACTIVITIES
AND THE FULFILLMENT OF SUCH ORDERS IN ACCORDANCE WITH THEIR STATED
MILITARY PRIORITIES.
2. THE GOVERNMENT OF ITALY IS WILLING TO ASSIST OTHER PARTICIPATING
GOVERNMENTS IN THE PLACEMENT OF CONTRACTS TO BE PERFORMED IN ITALY FOR
THE OVERHAUL OF SEASPARROW MISSILES. SUCH ASSISTANCE IS CONTEMPLATED TO
CONSIST PRIMARILY OF COORDINATION OF REQUIREMENTS AND FACILITATING
NECESSARY CONTRACTUAL ARRANGEMENTS.
1. NATO SEASPARROW SUPPORT SHARED COSTS
THE COSTS WHICH ARE ENUMERATED AND DESCRIBED IN THIS PARAGRAPH
(HEREINAFTER REFERRED TO AS "NATO SEASPARROW SUPPORT SHARED COSTS")
SHALL BE SHARED BETWEEN THE PARTICIPATING GOVERNMENTS IN ACCORDANCE WITH
PARAGRAPH 2 OF THIS SECTION.
A. THE COSTS OF OPERATING THE NSPSC.
B. THE COSTS OF OPERATING THE NSPO.
C. THE COST OF WORK WHICH THE NSPSC HAS DETERMINED TO BE NECESSARY TO
THE OVERALL OPERATION OF THE COOPERATIVE SUPPORT STAGE.
D. THE COSTS OF WORK RELATING TO ONE OR MORE ELEMENT OF THE NSSM
SYSTEM STANDARD CONFIGURATION WHICH COSTS THE NSPSC HAS DETERMINED CAN
BE DISTRIBUTED AMONG THE PARTICIPATING GOVERNMENTS IN REASONABLE
PROPORTION TO THE BENEFITS RECEIVED THROUGH APPLICATION OF THE METHODS
OF SHARING DESCRIBED IN PARAGRAPH 2 OF THIS SECTION.
2. METHOD OF SHARING NATO SEASPARROW SUPPORT SHARED COSTS
A. EXCEPT AS PROVIDED IN SUBPARAGRAPH B. OF THIS PARAGRAPH 2, EACH
PARTICIPATING GOVERNMENT'S SHARE OF THE NATO SEASPARROW SUPPORT SHARED
COSTS SHALL BE CALCULATED AS FOLLOWS:
WHERE:
S EQUALS EACH PARTICIPATING GOVERNMENT'S SHARE OF THE NATO SEASPARROW
SUPPORT SHARED COSTS.
A EQUALS THE COST OF PRODUCING THE PRODUCTION REQUIREMENTS OF EACH
PARTICIPATING GOVERNMENT.
B EQUALS THE SUM OF THE A'S OF ALL THE PARTICIPATING GOVERNMENTS.
C EQUALS THE TOTAL AMOUNT OF NATO SEASPARROW SUPPORT SHARED COSTS.
B. THE PARTICIPATING GOVERNMENTS WHOSE PRODUCTION REQUIREMENTS DO NOT
INCLUDE THE FOLLOWING SUBSYSTEMS SHALL NOT BE REQUIRED TO BEAR ANY NATO
SEASPARROW SUPPORT SHARED COSTS UNIQUELY RELATED TO SAID SUBSYSTEMS;
THE DIGITAL COMPUTER, THE SIGNAL DATA CONVERTER, THE DIRECTOR GROUP, THE
RADAR TARGET DATA PROCESSOR, THE RADAR SET CONSOLE, THE FIRING OFFICER'S
CONSOLE AND THE LOW LIGHT LEVEL TELEVISION SYSTEM.
C. AS USED IN PARAGRAPH A, OF THIS SECTION, THE TERM "PRODUCTION
REQUIREMENTS" MEANS THE QUANTITY OF SUBSYSTEMS INCLUDED IN THE NSSM
SYSTEM STANDARD CONFIGURATION AND INDIVIDUAL ITEMS OF EQUIPMENT OF WHICH
THE SUBSYSTEM IS COMPRISED WHICH ARE ACQUIRED BY THE PARTICIPATING
GOVERNMENTS THROUGH THE DEVELOPMENT AND PRODUCTION MOU AND DURING THE
FOLLOW-ON (NATIONAL) PRODUCTION STAGE. THE COST OF PRODUCING THE
PRODUCTION REQUIREMENTS OF THE PARTICIPATING GOVERNMENTS SHALL BE
CALCULATED USING THE UNIT SYSTEM AND SUBSYSTEM PRICES SET FORTH IN
EXHIBIT "A" TO THE MEMORANDUM. THE NSPSC MAY, BY UNANIMOUS DECISION,
SUPERSEDE THE FOREGOING PROVISIONS OF THIS PARAGRAPH C IN WHOLE OR IN
PART FOR THE PURPOSES OF PROSPECTIVE SHARING OF NATO SEASPARROW SUPPORT
SHARED COSTS SO AS TO TAKE INTO ACCOUNT ACTUAL QUANTITIES AND
CONFIGURATIONS OF THE AFORESAID MATERIAL.
3. NATO SEASPARROW SUPPORT INDIVIDUAL COSTS
THE NATO SEASPARROW SUPPORT SHARED COSTS DO NOT, AND SHALL NOT,
INCLUDE THE FOLLOWING COSTS (HEREINAFTER COLLECTIVELY REFERRED TO AS THE
"NATO SEASPARROW SUPPORT INDIVIDUAL COSTS") WHICH SHALL BE BORNE
DIRECTLY AND INDIVIDUALLY BY THE INDIVIDUAL PARTICIPATING GOVERNMENTS:
A. THE COSTS OF MAINTAINING THE INDIVIDUAL MEMBERS OF THE NSPSC,
INCLUDING THEIR COMMUNICATION AND TRAVEL COSTS.
B. SUBJECT TO THE PROVISIONS OF PARAGRAPH 6 OF SECTION IV OF THIS
MEMORANDUM, THE COSTS OF MAINTAINING THE PARTICIPATING GOVERNMENTS'
PERSONNEL ON THE NSPO STAFF INCLUDING THEIR SALARIES, COMMUNICATION AND
TRAVEL COSTS.
C. THE FOLLOWING COSTS:
(1) PROCESSING AND IMPLEMENTATION OF CHANGES TO THE NSSM SYSTEM
STANDARD CONFIGURATION WHICH ARE ACCEPTED BY SOME, BUT NOT ALL,
PARTICIPATING GOVERNMENTS.
(2) SUPPLIES AND SERVICES WHICH ARE FURNISHED UNDER AGREEMENTS
ENTERED INTO BY THE PROJECT MANAGER ON BEHALF OF INDIVIDUAL
PARTICIPATING GOVERNMENTS.
(3) SUPPLIES, SERVICES, AND FACILITIES WHICH, WITH THE CONCURRENCE OF
THE PARTICIPATING GOVERNMENTS CONCERNED, ARE DETERMINED BY THE PROJECT
MANAGER EITHER NOT TO APPLY TO ALL THE PARTICIPATING GOVERNMENTS, OR TO
BE PROPERLY CHARGEABLE ON AN INDIVIDUAL BASIS.
4. SUBMISSION, APPROVAL, AND REVISION OF NATO SEASPARROW SUPPORT
SHARED COST ESTIMATES
A. COMMENCING WITH THE PERIOD CONSISTING OF THE BALANCE OF THE U.S.
GOVERNMENT FISCAL YEAR REMAINING AFTER ENTRY INTO EFFECT OF THIS
MEMORANDUM AND WITH RESPECT TO EACH SUBSEQUENT PERIOD COMPRISING A U.S.
GOVERNMENT FISCAL YEAR, THE PROJECT MANAGER SHALL PREPARE AND SUBMIT TO
THE NSPSC, FOR ITS APPROVAL, AN ESTIMATE (HEREINAFTER REFERRED TO AS A
"PERIODIC ESTIMATE") OF THE TOTAL NATO SEASPARROW SUPPORT SHARED COSTS
TO BE INCURRED DURING SUCH PERIOD. EACH SUCH PERIODIC ESTIMATE SHALL
CONTAIN SUCH DETAILS AND DESCRIPTIONS AS ARE REASONABLY NECESSARY TO
SUBSTANTIATE TREATMENT OF COST AS NATO SEASPARROW SUPPORT SHARED COSTS
AND THE METHOD USED IN ALLOCATION THEREOF AMONG THE PARTICIPATING
GOVERNMENTS. THE PERIODIC ESTIMATE COVERING THE FIRST PERIOD AFTER
ENTRY INTO EFFECT OF THIS MEMORANDUM SHALL BE SUBMITTED TO THE NSPSC
WITHIN NINETY (90) DAYS AFTER ENTRY INTO EFFECT OF THIS MEMORANDUM. THE
PERIODIC ESTIMATES COVERING THE SECOND AND EACH SUBSEQUENT PERIOD DURING
THE COOPERATIVE SUPPORT STAGE SHALL BE SUBMITTED TO THE NSPSC NOT LATER
THAN 180 CALENDAR DAYS PRIOR TO THE COMMENCEMENT OF THE ESTIMATE PERIOD.
CONTEMPORANEOUSLY WITH THE SUBMISSION OF THE SECOND PERIODIC ESTIMATE,
AND THEREAFTER CONTEMPORANEOUSLY WITH THE SUBMISSION OF EACH SUBSEQUENT
PERIODIC ESTIMATE, THE PROJECT MANAGER SHALL SUBMIT A FORECAST OF THE
NATO SEASPARROW SUPPORT SHARED COSTS AND THE SHARES THEREOF OF THE
PARTICIPATING GOVERNMENTS FOR THE TWO SUBSEQUENT PERIODS.
B. THE APPROVAL BY THE NSPSC OF A PERIODIC ESTIMATE SHALL BE DEEMED
TO SIGNIFY THE AGREEMENT OF EACH PARTICIPATING GOVERNMENT TO THE
TREATMENT OF COSTS INCLUDED THEREIN AS NATO SEASPARROW SUPPORT SHARED
COSTS AND TO THE METHOD OF SHARING OF SUCH COSTS STATED IN SUCH
ESTIMATE. WITHIN NINETY (90) DAYS AFTER THE APPROVAL BY THE NSPSC OF A
PERIODIC ESTIMATE, EACH PARTICIPATING GOVERNMENT WILL NOTIFY THE PROJECT
MANAGER OF ITS ACCEPTANCE OR NONACCEPTANCE OF A COMMITMENT FOR ITS
ALLOCATED SHARE OF THE NATO SEASPARROW SUPPORT SHARED COST INCLUDED IN
THE APPROVED ESTIMATE. IN THE EVENT OF NON-ACCEPTANCE BY A
PARTICIPATING GOVERNMENT OF SUCH A COMMITMENT, THE OTHER PARTICIPATING
GOVERNMENTS MAY CALL UPON SUCH GOVERNMENT TO DISCONTINUE ITS
PARTICIPATION IN ACCORDANCE WITH THE PROVISIONS OF THE "TERMINATION"
SECTION OF THIS MEMORANDUM.
C. IN ACCORDANCE WITH PROCEDURES TO BE PROMULGATED BY THE NSPSC, THE
PROJECT MANAGER SHALL PREPARE AND SUBMIT TO THE NSPSC, FOR ITS APPROVAL,
ANY NECESSARY REVISIONS AND UPDATES OF PERIODIC ESTIMATES DESCRIBED IN
PARAGRAPH 4.A. OF THIS SECTION. APPROVAL BY THE NSPSC OF ANY SUCH
REVISIONS AND UPDATES SHALL HAVE THE SAME FORCE AND EFFECT AS PRESCRIBED
FOR THE APPROVALS PROVIDED FOR IN PARAGRAPH 4.B. OF THIS SECTION. IN
THE EVENT THAT ANY REVISION OR UPDATE OF A PERIODIC COST ESTIMATE
SUBMITTED BY THE PROJECT MANAGER INCLUDES INCREASES FROM ESTIMATES
PREVIOUSLY APPROVED, THE MEMBERS OF THE NSPSC WHOSE GOVERNMENTS WILL
THEREBY BE REQUIRED TO SHARE INCREASES IN COST SHALL IMMEDIATELY
THEREAFTER SEEK SUCH AUTHORITY AS THEY MAY INDIVIDUALLY REQUIRE FROM
THEIR RESPECTIVE GOVERNMENTS TO PROCEED WITH THOSE ITEMS OF COST TO
WHICH THE COST INCREASES RELATED. WITHIN 90 DAYS AFTER THE RECEIPT BY
THE NSPSC OF REVISIONS AND UPDATES STATING ANY SUCH INCREASES, THE
PARTICIPATING GOVERNMENTS WILL NOTIFY THE PROJECT MANAGER OF THEIR
ACCEPTANCE OR NONACCEPTANCE OF THE ADDITIONAL FINANCIAL COMMITMENT
INVOLVED. IN THE EVENT THAT ANY PARTICIPATING GOVERNMENT IS NOT
PREPARED TO APPROVE A FURTHER COMMITMENT, THE OTHER PARTICIPATING
GOVERNMENTS MAY CALL UPON SUCH GOVERNMENT TO DISCONTINUE ITS
PARTICIPATION IN ACCORDANCE WITH THE PROVISIONS OF THE "TERMINATION"
SECTION.
5. SUBMISSION, APPROVAL, AND REVISION OF NATO SEASPARROW SUPPORT
INDIVIDUAL COST ESTIMATES
A. SIMULTANEOUSLY WITH THE SUBMISSION TO THE NSPSC OF PERIODIC COST
ESTIMATES FOR NATO SEASPARROW SUPPORT SHARED COSTS, THE PROJECT MANAGER
SHALL SUBMIT TO THE INDIVIDUAL PARTICIPATING GOVERNMENTS COST ESTIMATES
COVERING SUPPLIES, SERVICES AND FACILITIES DESCRIBED IN PARAGRAPH 3.C OF
THIS SECTION. SUCH ESTIMATES SHALL COVER THE SAME TIME PERIODS AS THE
PERIODIC COST ESTIMATES FOR NATO SEASPARROW SUPPORT SHARED COSTS. THE
APPROVAL, BY A PARTICIPATING GOVERNMENT, OF A COST ESTIMATE FOR NATO
SEASPARROW SUPPORT INDIVIDUAL COSTS SHALL CONSTITUTE THE AUTHORIZATION
TO THE PROJECT MANAGER TO PROCEED WITH THE WORK DESCRIBED THEREIN. THE
PROVISIONS OF PARAGRAPH 4.C OF THIS SECTION RELATING TO UPDATES AND
REVISIONS OF COST ESTIMATES SHALL BE APPLICABLE TO COST ESTIMATES FOR
NATO SEASPARROW SUPPORT INDIVIDUAL COSTS.
6. PAYMENTS
A. PAYMENTS OF THE AMOUNTS OF THE SHARES OF THE PARTICIPATING
GOVERNMENTS OF NATO SEASPARROW SUPPORT SHARED COSTS AND AMOUNTS OF
INCREASES IN ESTIMATED COSTS WHICH HAVE BEEN ACCEPTED IN ACCORDANCE WITH
PARAGRAPH 4.B. SHALL BE MADE IN ACCORDANCE WITH SCHEDULES CONTAINED IN
EACH APPROVED PERIODIC ESTIMATE. PAYMENTS OF THE AMOUNTS OF NATO
SEASPARROW SUPPORT INDIVIDUAL COSTS SHALL BE MADE IN ACCORDANCE WITH
SCHEDULES AGREED BETWEEN THE PROJECT MANAGER AND THE PARTICIPATING
GOVERNMENT(S) TO BE CHARGED.
B. EACH PARTICIPATING GOVERNMENT, OTHER THAN THE GOVERNMENT OF THE
UNITED STATES OF AMERICA, SHALL EFFECT PAYMENTS BY DEPOSIT OF THE
AMOUNTS THEREOF IN THE UNITED STATES OF AMERICA DOLLARS IN A FIDUCIARY
ACCOUNT WHICH SHALL BE ESTABLISHED FOR THE PROJECT AND SHALL BE
ADMINISTERED BY THE PROJECT MANAGER IN ACCORDANCE WITH RULES ESTABLISHED
BY THE NSPSC. PAYMENTS OF SHARES OF THE GOVERNMENT OF THE UNITED STATES
OF AMERICA SHALL BE DEEMED TO HAVE BEEN EFFECTED UPON THE RECEIPT BY THE
PROJECT MANAGER OF A STATEMENT INDICATING THAT FUNDS IN THE REQUISITE
AMOUNTS ARE AVAILABLE FOR OBLIGATION AND EXPENDITURE. THE FUNDS
DEPOSITED IN THE FIDUCIARY ACCOUNT SHALL BE AVAILABLE TO MEET NATO
SEASPARROW SUPPORT SHARED COSTS AND NATO SEASPARROW SUPPORT INDIVIDUAL
COSTS. ALL TRANSFERS OF FUNDS OUT OF THE FIDUCIARY ACCOUNT SHALL BE
CERTIFIED BY THE PROJECT MANAGER, OR A DULY AUTHORIZED REPRESENTATIVE
APPOINTED BY THE PROJECT MANAGER TO MAKE SUCH CERTIFICATION IN HIS
ABSENCE, AS BEING FOR PAYMENT OF DEPOSITORS' SHARES DETERMINED IN
ACCORDANCE WITH AND FOR THE PURPOSES CONTEMPLATED BY THIS MEMORANDUM OF
UNDERSTANDING. IF AT ANY TIME, THE UNENCUMBERED BALANCE IN THE
FIDUCIARY ACCOUNT FALLS SHORT OF THE SUMS THAT WILL BE NEEDED TO MEET
THE FORESEEABLE FINANCIAL OBLIGATIONS OF THE COOPERATIVE SUPPORT STAGE
EACH PARTICIPATING GOVERNMENT WILL, IN ACCORDANCE WITH RULES ESTABLISHED
BY THE NSPSC, PAY INTO THE FIDUCIARY ACCOUNT SUCH ADDITIONAL SUMS AS
WILL MAKE UP ITS FULL COMMITTED SHARES OF THE NATO SEASPARROW SUPPORT
SHARED COSTS AND ITS FULL COMMITMENTS FOR NATO SEASPARROW SUPPORT
INDIVIDUAL COSTS.
7. FINANCIAL RECORDS
THE NSPSC WILL MAINTAIN CONTINUING RECORDS, THROUGH THE PROJECT
MANAGER, OF COSTS INCURRED AND ACTUAL EXPENDITURES MADE. THE RECORDS
WILL BE MAINTAINED IN ACCORDANCE WITH ACCOUNTING PROCEDURES ESTABLISHED
BY THE NSPSC. SUCH RECORDS WILL BE AVAILABLE, INCLUDING COPIES, FOR
AUDIT UPON REASONABLE PRIOR NOTICE GIVEN BY A REPRESENTATIVE OF A
PARTICIPATING GOVERNMENT.
IN CONSIDERATION OF THE OBLIGATIONS MUTUALLY UNDERTAKEN IN THE
PRESENT MEMORANDUM, EACH PARTICIPATING GOVERNMENT WILL SECURE THE
AVAILABILITY OF INFORMATION AND RIGHTS IN ACCORDANCE WITH THE FOLLOWING
PROVISIONS OF THIS SECTION TO BE PROVIDED TO THE OTHER PARTICIPATING
GOVERNMENTS.
1. DEFINITIONS
A. "TECHNICAL INFORMATION" INCLUDES EXPERIMENTAL AND TEST DATA,
SPECIFICATIONS, DESIGN, PROCESSES, TECHNIQUES, INVENTIONS WHETHER
PATENTABLE OR NOT, AND ANY OTHER RELEVANT TECHNICAL DATA IN WHATEVER
FORM PRESENTED AND WHETHER OR NOT COPYRIGHTED.
B. "DEFENSE PURPOSES" REFERS TO MANUFACTURE AND USE IN ANY PART OF
THE WORLD BY OR FOR THE ARMED FORCES OF A GOVERNMENT, AND IN THE CASE OF
A PARTICIPATING GOVERNMENT INCLUDES THE FURNISHING OF ASSISTANCE BY IT
ON A GRANT BASIS TO NONPARTICIPATING GOVERNMENTS AND INTERNATIONAL
ORGANIZATIONS FOR MUTUAL DEFENSE PURPOSES.
C. "PATENTS" INCLUDE UTILITY PATENTS, DESIGN PATENTS, REGISTERED
DESIGNS AND OTHER SIMILAR PROTECTION.
D. "FIRST ACTUALLY REDUCED TO PRACTICE" REFERS TO THE DEMONSTRATION
OF THE OPERABILITY OF AN INVENTION FOR ITS INTENDED PURPOSE IN SOME
PHYSICAL FORM.
E. "DEFENSE SALES" REFERS TO SALES BY A PARTICIPATING GOVERNMENT OR
ITS CONTRACTOR TO NONPARTICIPATING GOVERNMENTS FOR THEIR DEFENSE
PURPOSES.
F. "FOREGROUND INFORMATION" IS THAT TECHNICAL INFORMATION GENERATED
IN THE COURSE OF OR UNDER THE COOPERATIVE SUPPORT STAGE AND INCLUDES ANY
INVENTION OR DISCOVERY, WHETHER OR NOT PATENTABLE, CONCEIVED OR FIRST
ACTUALLY REDUCED TO PRACTICE IN THE COURSE OF OR UNDER THIS PROJECT.
G. "BACKGROUND INFORMATION" IS THAT TECHNICAL INFORMATION NECESSARY
TO OR USEFUL IN THE COOPERATIVE SUPPORT STAGE GENERATED (1) IN
GOVERNMENT ESTABLISHMENTS OR (2) BY CONTRACTORS EMPLOYED TO WORK ON THE
COOPERATIVE SUPPORT STAGE TO THE EXTENT THAT SUCH INFORMATION PERTAINS
TO THE SPECIFIC TASKS UNDERTAKEN BY SUCH CONTRACTORS UNDER THE
COOPERATIVE SUPPORT STAGE BUT NOT GENERATED UNDER THE COOPERATIVE
SUPPORT STAGE.
2. FOREGROUND INFORMATION-- DISCLOSURE
A. EACH PARTICIPATING GOVERNMENT WILL SECURE THE PROMPT AVAILABILITY
TO THE OTHER PARTICIPATING GOVERNMENTS OF ALL FOREGROUND INFORMATION
GENERATED BY ITS CONTRACTORS OR IN ITS GOVERNMENT-OPERATED OR
GOVERNMENT-CONTROLLED FACILITIES UNDER THE COOPERATIVE SUPPORT STAGE.
B. AS PART OF THE DISCLOSURES REFERRED TO IN THE IMMEDIATELY
PRECEDING PARAGRAPH A., EACH PARTICIPATING GOVERNMENT WILL ALSO USE ITS
BEST EFFORTS TO OBTAIN AND FURNISH TO THE OTHER PARTICIPATING
GOVERNMENTS COPIES OF PATENT APPLICATIONS FILED IN RESPECT TO INVENTIONS
CONCEIVED OR FIRST ACTUALLY REDUCED TO PRACTICE IN THE COURSE OF THE
WORK PERFORMED UNDER THE COOPERATIVE SUPPORT STAGE.
C. USE OF THE TECHNICAL INFORMATION, INCLUDING INFORMATION CONTAINED
IN SUCH PATENT APPLICATIONS, PROVIDED UNDER THIS PARAGRAPH, WILL BE
SUBJECT TO THE PROVISIONS OF PARAGRAPH 3.
3. FOREGROUND INFORMATION-- USE
A. EACH PARTICIPATING GOVERNMENT WILL, IN RESPECT OF WORK PERFORMED
BY ITS CONTRACTORS IN ITS GOVERNMENT-OPERATED OR GOVERNMENT-CONTROLLED
FACILITIES UNDER THE COOPERATIVE SUPPORT STAGE, GRANT OR CAUSE TO BE
GRANTED TO EACH OF THE OTHER PARTICIPATING GOVERNMENTS THE FOLLOWING
RIGHTS:
(1) THE RIGHT FOR ITS DEFENSE PURPOSES, TO USE AND AUTHORIZE ITS
CONTRACTORS TO USE ROYALTY-FREE ALL TECHNICAL INFORMATION PROVIDED UNDER
PARAGRAPH 2.A. AND TO OBTAIN ROYALTY-FREE, NONEXCLUSIVE, IRREVOCABLE
LICENSES UNDER PATENTS FOR INVENTIONS CONCEIVED OR FIRST ACTUALLY
REDUCED TO PRACTICE IN THE COURSE OF WORK PERFORMED UNDER THE
COOPERATIVE SUPPORT STAGE.
(2) THE RIGHT TO OBTAIN FOR ITSELF OR FOR ITS CONTRACTORS ON REQUEST
AND ON FAIR AND REASONABLE TERMS THE LICENSING OF THE TECHNICAL
INFORMATION AND PATENTS REFERRED TO IN PARAGRAPH 3.A.(1) FOR THE PURPOSE
OF DEFENSE SALES.
B. THE PARTICIPATING GOVERNMENTS MAY MUTUALLY DECIDE, AFTER
CONSULTATION WITH ONE ANOTHER, TO EXCLUDE ANY SPECIFIED INVENTION FROM
THE FOREGOING PARAGRAPH 3.A. SUCH AN EXCLUSION WILL BE MADE ONLY UNDER
EXTRAORDINARY CIRCUMSTANCES AND WHEN:
(1) A PATENT APPLICATION COVERING THE INVENTION HAS BEEN FILED PRIOR
TO THE TIME WHEN THE OWNER OF THE INVENTION AND A GOVERNMENT ENTER INTO
A CONTRACT RELATING TO THE INVENTION, AND;
(2) THE RELATIVE EFFORTS EXPENDED OR TO BE EXPENDED BY THE CONTRACTOR
AND THE GOVERNMENT(S) IN DEVELOPING THE INVENTION AND REDUCING IT TO
PRACTICE WOULD MAKE IT INEQUITABLE TO REQUIRE A ROYALTY-FREE LICENSE ON
THE BASIS OF FIRST ACTUAL REDUCTION TO PRACTICE UNDER THE COOPERATIVE
SUPPORT STAGE.
C. NOTHING IN THE FOREGOING PARAGRAPH 3.A. WILL CONFER ANY RIGHTS
UNDER A PATENT FOR AN INVENTION BOTH CONCEIVED AND FIRST ACTUALLY
REDUCED TO PRACTICE PRIOR TO THE COMMENCEMENT OF WORK UNDER THE
COOPERATIVE SUPPORT STAGE.
4. BACKGROUND INFORMATION-- DISCLOSURE
A. AT THE REQUEST OF THE NSPSC EACH PARTICIPATING GOVERNMENT WILL
FURNISH A STATUS REPORT SUMMARIZING (1) THE BACKGROUND INFORMATION, ON
ANY SUBSYSTEM OR SUBCOMPONENT THEREOF SPECIFIED IN SUCH REQUEST, WHICH
IT CAN MAKE AVAILABLE TO THE OTHER PARTICIPATING GOVERNMENTS AND (2) TO
THE EXTENT KNOWN, THE RIGHTS WHICH THE REPORTING PARTICIPATING
GOVERNMENTS MAY ALREADY HAVE ESTABLISHED WITH RESPECT TO THE
DISSEMINATION AND USE OF SUCH BACKGROUND INFORMATION.
B. AT THE REQUEST OF THE NSPSC EACH PARTICIPATING GOVERNMENT WILL IN
RESPECT OF ANY SUBSYSTEM OR COMPONENT THEREOF SPECIFIED IN SUCH REQUEST,
SECURE THE PROMPT AVAILABILITY TO THE OTHER PARTICIPATING GOVERNMENTS OF
ALL BACKGROUND INFORMATION NECESSARY FOR DEVELOPMENT PURPOSES UNDER THE
COOPERATIVE SUPPORT STAGE TO THE EXTENT THAT SUCH INFORMATION CAN BE
OBTAINED AND MAY WITHOUT BREACH OF CONFIDENCE OR LIABILITY TO A THIRD
PARTY BE DISCLOSED TO THE OTHER GOVERNMENTS.
C. EACH PARTICIPATING GOVERNMENT WILL SECURE THE AVAILABILITY TO THE
OTHER PARTICIPATING GOVERNMENTS OF ALL BACKGROUND INFORMATION NECESSARY
FOR MANUFACTURE AND USE OF ANY SUBSYSTEM DEVELOPED UNDER THE COOPERATIVE
SUPPORT STAGE TO THE EXTENT THAT SUCH INFORMATION CAN BE OBTAINED AND
MAY WITHOUT BREACH OF CONFIDENCE OR LIABILITY TO A THIRD PARTY BE
DISCLOSED TO THE OTHER GOVERNMENTS.
D. USE OF THE INFORMATION PROVIDED UNDER THIS PARAGRAPH WILL BE
SUBJECT TO THE PROVISIONS OF PARAGRAPH 5 BELOW OF OF LICENSES OBTAINED
PURSUANT THERETO, AS APPROPRIATE.
5. BACKGROUND INFORMATION-- USE
A EACH PARTICIPATING GOVERNMENT MAY USE AND AUTHORIZE ITS CONTRACTORS
TO USE ROYALTY-FREE FOR ITS DEFENSE PURPOSES AND DEFENSE SALES RELATED
TO THE COOPERATIVE SUPPORT STATE, THAT BACKGROUND INFORMATION PROVIDED
UNDER PARAGRAPH 4.C. ABOVE WHICH IS NOT SUBJECT TO LIMITATIONS ON THE
RIGHTS OF DISCLOSURE AND USE INCONSISTENT WITH THE AFORESAID USE.
B. EACH PARTICIPATING GOVERNMENT WILL USE ITS BEST EFFORTS TO SECURE
FOR EACH OF THE OTHER PARTICIPATING GOVERNMENTS THE RIGHT TO OBTAIN FOR
ITSELF AND ITS CONTRACTORS ON FAIR AND REASONABLE TERMS THE LICENSE TO
USE FOR ITS DEFENSE PURPOSES AND DEFENSE SALES RELATED TO THE
COOPERATIVE SUPPORT STAGE, THAT BACKGROUND INFORMATION PROVIDED UNDER
PARAGRAPH 4.C. ABOVE, WHICH IS SUBJECT TO LIMITATIONS ON THE RIGHTS OF
DISCLOSURE AND USE THAT ARE INCONSISTENT WITH USE AS AFORESAID, WITHOUT
PAYMENT, TOGETHER WITH ANY NECESSARY LICENSE UNDER PATENTS OWNED OR
CONTROLLED BY THE SUPPLIERS OF THE INFORMATION.
6. FILING OF PATENT APPLICATIONS
THE PARTICIPATING GOVERNMENT WHOSE EMPLOYEES OR WHOSE CONTRACTORS'
EMPLOYEES SHALL HAVE MADE AN INVENTION IN THE PERFORMANCE OF WORK UNDER
THE COOPERATIVE SUPPORT STAGE WILL, IN OTHERS' COUNTRIES, FILE, CAUSE TO
BE FILED, OR PROVIDE THE OTHER PARTICIPATING GOVERNMENTS THE OPPORTUNITY
ON BEHALF OF SAID GOVERNMENT TO FILE PATENT APPLICATIONS COVERING ANY
SUCH INVENTIONS CONCEIVED OR FIRST ACTUALLY REDUCED TO PRACTICE DURING
THE PERFORMANCE OF THE WORK UNDER THE COOPERATIVE SUPPORT STAGE.
7. PROTECTION OF THE OWNERS' RIGHTS
A. CONTROL OF USE AND OF FURTHER DISCLOSURES-- NONE OF THE
PARTICIPATING GOVERNMENTS WILL USE OR DISCLOSE INFORMATION WHICH IS
SUBJECT TO THE LIMITED RIGHTS OF USE OR DISCLOSURE EXCEPT WITHIN THE
SCOPE OF THE RIGHTS ACCORDED TO IT, OR EXCEPT AS MAY BE SUBSEQUENTLY
AGREED. INFORMATION SO LIMITED IN DISCLOSURE OR USE WILL BE SO MARKED
AT THE TIME IT IS SUPPLIED. SUCH RESTRICTIONS AND MARKING WILL BE
PASSED ON TO THE CONTRACTORS AND TO ANY OTHER PARTIES TO WHOM SUCH
INFORMATION IS SUBSEQUENTLY TRANSFERRED.
B. COMPENSATION-- CLAIMS FOR COMPENSATION ARISING FROM ANY FAILURE ON
THE PART OF ANY OF THE PARTICIPATING GOVERNMENTS TO OBSERVE CONDITIONS
ON WHICH INFORMATION IS MADE AVAILABLE TO THEM UNDER THE PROJECT AND
CLAIMS BASED UPON THE FAILURE OF A CONTRACTOR TO OBSERVE THE SAID
CONDITIONS WILL, UPON THE REQUEST OF ONE OF THE GOVERNMENTS, BE THE
SUBJECT OF DISCUSSIONS BETWEEN THE PARTICIPATING GOVERNMENTS WITH THE
OBJECT OF ENSURING, SUBJECT TO APPLICABLE LAWS, TREATIES, AND
INTERNATIONAL AGREEMENTS, PROPER COMPENSATION TO THE INJURED OWNER OF
THE INFORMATION.
8. LEVY (EXTRA CHARGE)
A. EACH OF THE PARTICIPATING GOVERNMENTS WILL ARRANGE FOR THE
IMPOSITION OF A LEVY (EXTRA CHARGE) ON ITS DEFENSE SALES BY WAY OF
RECOVERY OF SHARED NON-RECURRING COSTS TO THE PARTICIPATING GOVERNMENTS
OF CHANGES TO THE NSSMS STANDARD CONFIGURATION AND SUCH OTHER SHARED
NONRECURRING COSTS TO THE PARTICIPATING GOVERNMENTS OF ESTABLISHING NSSM
SYSTEM SUPPORT AS THE PROJECT MANAGER MAY, FROM TIME TO TIME, RECOMMEND
AND THE NSPSC APPROVE TO BE RECOVERED UNDER THESE PROVISIONS. THE RATE
OF SUCH LEVY (EXTRA CHARGE) WILL BE MUTUALLY DETERMINED BY THE
PARTICIPATING GOVERNMENTS, PROVIDED THAT SUCH DETERMINATION SHALL NOT BE
UNNECESSARILY DELAYED. RECOVERIES UNDER THIS PARAGRAPH WILL BE DIVIDED
AMONG THE PARTICIPATING GOVERNMENTS IN PROPORTION TO THEIR SHARES OF THE
NATO SEASPARROW SUPPORT SHARED COSTS AS DETERMINED PURSUANT TO SECTION
IX OF THIS MEMORANDUM AND WILL CONTINUE UNTIL 100 PERCENT OF THE
NONRECURRING COSTS WHICH ARE THE OBJECT OF THE LEVY (EXTRA CHARGE) UNDER
THIS PARAGRAPH HAVE BEEN RECOVERED.
B. NONE OF THE PARTICIPATING GOVERNMENTS WILL, BY WAY OF RECOVERY OF
NATO SEASPARROW SUPPORT SHARED COSTS INCURRED BY IT UNDER THIS
MEMORANDUM, IMPOSE ANY LEVY (EXTRA CHARGE) ON SALES MADE TO, OR REQUIRE
ANY SHARE OF ROYALTIES PAYABLE UNDER LICENSES GRANTED TO, OTHER
PARTICIPATING GOVERNMENTS FOR USE IN THE COOPERATIVE SUPPORT STAGE OR
FOR THEIR OWN DEFENSE PURPOSES.
9. PROPRIETARY AND MANUFACTURING RIGHTS
NOTWITHSTANDING ANY OTHER PROVISION OF THIS MEMORANDUM, NONE OF THE
PARTICIPATING GOVERNMENTS WILL BE REQUIRED TO FURNISH TO THE OTHERS OR
TO GRANT ANY RIGHTS TO THE OTHERS IN PROPRIETARY ITEMS (INCLUDING
INVENTIONS, INFORMATION OR COPYRIGHT MATERIAL) OWNED OR CONTROLLED BY
PARTIES OTHER THAN THE PARTICIPATING GOVERNMENTS AND THE CONTRACTORS
ENGAGED TO WORK ON THE COOPERATIVE SUPPORT STAGE. EACH PARTICIPATING
GOVERNMENT WILL, HOWEVER, AT THE REQUEST OF ANOTHER, USE ALL REASONABLE
EFFORTS TO SECURE FOR THE OTHERS A RIGHT TO PRODUCE FOR DEFENSE PURPOSE
AND DEFENSE SALES ON FAIR AND REASONABLE TERMS ANY SUCH PROPRIETARY
ITEMS INCORPORATED IN OR USED IN THE PRODUCTION OF ANY ITEM DEVELOPED IN
THE COURSE OF THE WORK PERFORMED UNDER THE COOPERATIVE SUPPORT STAGE.
1. ALL SALES OR TRANSFERS TO OTHER THAN PARTICIPATING GOVERNMENTS
AND THEIR CONTRACTORS OF ANY CLASSIFIED OR UNCLASSIFIED INFORMATION OR
MATERIALS RESULTING FROM WORK IN FURTHERANCE OF THE COOPERATIVE SUPPORT
STAGE PERFORMED IN FACILITIES OPERATED OR CONTROLLED BY A PARTICIPATING
GOVERNMENT AND NOT OTHERWISE AVAILABLE IN THE PUBLIC DOMAIN WILL BE
SUBJECT TO THE PRIOR CONCURRENCE OF THAT PARTICIPATING GOVERNMENT AND TO
THE PROVISIONS OF SECTION X AND XII OF THIS MEMORANDUM AND TO ANY
PRIVATELY-OWNED RIGHTS; PROVIDED THAT, SUBJECT AS AFORESAID, SALES OR
TRANSFERS OF UNCLASSIFIED INFORMATION AND MATERIALS MAY BE MADE TO NATO
NATIONS BY ANY PARTICIPATING GOVERNMENT SEPARATELY; PROVIDED, FURTHER,
THAT ANY SALE OR TRANSFER BY A EUROPEAN PARTICIPATING GOVERNMENT OF
MATERIAL OR INFORMATION FURNISHED BY THE UNITED STATES TO THAT EUROPEAN
PARTICIPATING GOVERNMENT PURSUANT TO FOREIGN MILITARY SALES CASE(S)
SHALL BE GOVERNED BY THE TERMS OF SAID CASE(S).
2. ANY NSSM SYSTEM OR SUB-SYSTEM SUPPORT REQUIREMENTS WHICH MAY
ARISE UNDER A DEFENSE SALE BY A PARTICIPATING GOVERNMENT TO A
NON-PARTICIPATING GOVERNMENT MAY, AT THE ELECTION OF THE SELLING
PARTICIPATING GOVERNMENT, AND WITH THE CONCURRENCE OF, AND IN
COORDINATION WITH, THE PARTICIPATING GOVERNMENT FURNISHING SUCH SUPPORT,
BE INCLUDED WITHIN THE SELLING PARTICIPATING GOVERNMENT'S OWN SUPPORT
REQUIREMENTS UNDER THE COOPERATIVE SUPPORT STAGE.
1. EACH PARTICIPATING GOVERNMENT WILL, WITHIN REASON AND UPON
REQUEST, PROVIDE ACCESS TO GOVERNMENT ESTABLISHMENTS, AGENCIES AND
LABORATORIES, AND CONTRACTORS' INDUSTRIAL FACILITIES IN WHICH THE WORK
UNDER THE COOPERATIVE SUPPORT STAGE IS BEING PERFORMED, FOR THE PURPOSE
OF STUDYING SUCH WORK, TO PERSONNEL AUTHORIZED BY ONE OF THE OTHER
GOVERNMENTS WHO ARE (A) EITHER ITS OWN EMPLOYEES OR EMPLOYEES OF
CONTRACTORS PARTICIPATING IN THE COOPERATIVE SUPPORT STAGE AND (B) HAVE
THE APPROPRIATE SECURITY CLEARANCE. THESE VISITS WILL BE CARRIED OUT IN
SUCH A MANNER AS NOT TO DELAY THE WORK.
2. REQUESTS FOR VISITS BY PERSONNEL OF ONE COUNTRY TO AN
ESTABLISHMENT OF ANOTHER COUNTRY ,ILL BE COORDINATED THROUGH THE PROJECT
MANAGER. AFTER APPROVAL IN PRINCIPLE, A FORMAL VISIT REQUEST FORWARDING
THE REQUISITE CERTIFICATE OF SECURITY CLEARANCE FOR THE PERSONNEL MAKING
THE VISIT WILL BE TRANSMITTED TO THE HOST COUNTRY.
3. ALL SUCH VISITING PERSONNEL WILL COMPLY WITH ALL SECURITY
REGULATIONS, AND ANY TRADE SECRETS AND PROPRIETARY TECHNICAL DATA
DISCLOSED TO VISITORS WILL BE TREATED AS IF SUPPLIED TO THE
PARTICIPATING GOVERNMENT SPONSORING THE VISITING PERSONNEL.
1. SHOULD AN ADDITIONAL GOVERNMENT OF GOVERNMENTS DESIRE TO
PARTICIPATE IN THE COOPERATIVE SUPPORT STAGE, AND IF THE PARTICIPATING
GOVERNMENTS ARE AGREEABLE TO SUCH PARTICIPATION, THEY WILL CONSULT
TOGETHER AND WILL JOINTLY NEGOTIATE WITH THE APPLICANT GOVERNMENT
REASONABLE AND EQUITABLE CONDITIONS OF SUCH PARTICIPATION.
1. ALL CLASSIFIED MATERIAL AND INFORMATION EXCHANGED, HELD OR USED
IN CONNECTION WITH THIS PROJECT WILL BE STORED, HANDLED, TRANSMITTED AND
SAFEGUARDED IN A MANNER NO LESS STRINGENT THAN THAT PROVIDED FOR NATO
CLASSIFIED MATERIAL AS SET FORTH IN THE NATO DOCUMENT C-M (55)15 (FINAL)
DATED 31 JULY 1964, INCLUDING ALL SUPPLEMENTS AND AMENDMENTS THERETO.
THE FOLLOWING SECURITY RULES WILL APPLY.
2. THE PROJECT MANAGER WILL DRAW UP THE NECESSARY IMPLEMENTING
REGULATIONS. THE REGULATIONS IN FORCE DURING THE DEVELOPMENT AND
PRODUCTION STAGE, AS THEY MAY FROM TIME TO TIME BY REVISED OR
SUPPLEMENTED BY THE PROJECT MANAGER WITH THE APPROVAL OF THE NSPSC,
SHALL CONSTITUTE THE IMPLEMENTING REGULATIONS UNDER THIS MEMORANDUM.
ALL SECURITY RESPONSIBILITY WITHIN THE NSPSC AND THE NSPO WILL BE
EXERCISED BY THE PROJECT MANAGER. NO CLASSIFIED OR UNCLASSIFIED
INFORMATION SHALL BE RELEASED BY THE PROJECT MANAGER TO OTHER THAN
PARTICIPATING GOVERNMENTS WITHOUT THE PRIOR UNANIMOUS APPROVAL OF THE
NSPSC.
3. EACH PARTICIPATING GOVERNMENT WILL UNDERTAKE TO MAINTAIN THE
SECURITY CLASSIFICATIONS ASSIGNED TO INFORMATION OR MATERIAL BY THE
RELEASING PARTICIPATING GOVERNMENT AND WILL AFFORD TO SUCH INFORMATION
OR MATERIAL THE SAME DEGREE OF SECURITY PROTECTION PROVIDED BY THE
RELEASING PARTICIPATING GOVERNMENT. A RECIPIENT PARTICIPATING
GOVERNMENT WILL NOT DISCLOSE CLASSIFIED OR UNCLASSIFIED INFORMATION OR
MATERIAL OBTAINED UNDER THE PROVISIONS OF THIS MEMORANDUM TO A
NON-PARTICIPATING STATE OR PARTY WITHOUT THE CONSENT OF THE ORIGINATING
PARTICIPATING GOVERNMENT.
4. SECURITY CLASSIFICATION. THE PARTICIPATING GOVERNMENT IN WHOSE
TERRITORY WORK UNDER THIS MEMORANDUM IS CARRIED OUT WILL DETERMINE THE
SECURITY CLASSIFICATION TO BE APPLIED TO INFORMATION AND MATERIAL
ORIGINATING WITHIN THAT COUNTRY. IF ANY SUCH ITEM CONTAINS OR DISCLOSES
IDENTIFIABLE CLASSIFIED INFORMATION CONTRIBUTED BY ANY OF THE
PARTICIPATING GOVERNMENTS, THE SECURITY CLASSIFICATION OF THAT ITEM WILL
NOT BE LOWER THAN THE SECURITY CLASSIFICATION ASSIGNED TO SUCH
IDENTIFIABLE INFORMATION BY THE ORIGINATING PARTICIPATING GOVERNMENT.
5. FOR ANY FACILITY WHEREIN CLASSIFIED INFORMATION FURNISHED BY
ANOTHER PARTICIPATING GOVERNMENT IS TO BE USED, THE RECEIVING
PARTICIPATING GOVERNMENT SHALL ASSIGN A PERSON OF SUFFICIENT RANK TO
EXERCISE EFFECTIVELY THE RESPONSIBILITIES FOR SAFEGUARDING AT SUCH
FACILITY THE INFORMATION PERTAINING TO THE COOPERATIVE SUPPORT STAGE.
AFTER CONSULTATION WITH THE APPROPRIATE SECURITY AGENCIES, THIS OFFICER
OR OFFICIAL SHALL BE RESPONSIBLE FOR LIMITING ACCESS TO CLASSIFIED
MATERIAL INVOLVED IN THE COOPERATIVE SUPPORT STAGE TO THOSE PERSONS WHO
HAVE BEEN PROPERLY CLEARED AND ARE UNDER A NEED-TO-KNOW OBLIGATION. NO
RECEIVING PARTICIPATING GOVERNMENT SHALL PROVIDE, WITHOUT PRIOR CONSENT
OF THE ORIGINATING PARTICIPATING GOVERNMENT, INFORMATION FURNISHED BY
THE ORIGINATING PARTICIPATING GOVERNMENT, TO ANY FACILITY WHOSE
FINANCIAL, ADMINISTRATIVE, POLICY OR MANAGEMENT CONTROL IS DIRECTED BY
PERSONS OR ENTITIES WHO ARE NATIONALS OF ANY NON-PARTICIPATING COUNTRY.
1. IT IS INTENDED THAT THERE WILL BE DUTY-FREE ENTRY (EXCEPT DUES
AND TAXES WHICH ARE NO MORE THAN CHARGES FOR SERVICES RENDERED) INTO ALL
PARTICIPATING COUNTRIES OF SYSTEMS, ASSEMBLIES, COMPONENTS, EQUIPMENT,
TECHNICAL DOCUMENTS AND OTHER INFORMATION OR MATERIALS NECESSARY FOR THE
ACCOMPLISHMENT OF THE COOPERATIVE SUPPORT STAGE.
2. TO THE EXTENT NOT OTHERWISE AVAILABLE UNDER AGREEMENTS BETWEEN
THE PARTICIPATING GOVERNMENTS CONCERNED, RELIEF FROM TAXES OR SIMILAR
CHARGES OR QUANTITATIVE RESTRICTIONS ON IMPORTS OR EXPORTS WILL BE
GRANTED TO THE EXTENT PERMITTED BY THE LEGISLATION OF THE RESPECTIVE
GOVERNMENTS VALID AT THE TIME OF THE IMPORTATION OR EXPORTATION.
3. THE PARTICIPATING GOVERNMENTS CONCERNED WILL USE THEIR BEST
EFFORTS TO ENSURE THAT ANY TAXES, DUTIES OR SIMILAR CHARGES FROM WHICH
RELIEF IS AVAILABLE, AS AFORESAID, DO NOT ENTER INTO THE PRICE OF
TECHNICAL INFORMATION OR MATERIALS PRODUCED IN FURTHERANCE OF THE
ACCOMPLISHMENT OF THE COOPERATIVE SUPPORT STAGE.
4. THE PROVISIONS OF THIS MEMORANDUM SHALL NOT PRECLUDE THE
APPLICATION OF PROHIBITIONS OR RESTRICTIONS IMPOSED UNDER NATIONAL LAWS
AND REGULATIONS ON GROUNDS OF PUBLIC MORALITY OR ORDER, PUBLIC SECURITY,
PUBLIC HYGIENE OR HEALTH, OR FOR VETERINARY OR PHYTOPATHOLOGICAL
CONSIDERATIONS, OR RELATING TO PROTECTION OF PATENTS, TRADE MARKS AND
COPYRIGHTS EXCEPT AS SPECIFIED IN THIS MEMORANDUM.
1. THE NSPSC WILL APPROVE THE INSPECTION CRITERIA FOR THE
COOPERATIVE SUPPORT STAGE. AT THE REQUEST OF THE NSPSC EACH OF THE
PARTICIPATING GOVERNMENTS WILL PROVIDE ADEQUATE INSPECTION SERVICES TO
ENSURE THAT EQUIPMENT MANUFACTURED IN THAT GOVERNMENT'S COUNTRY WILL
MEET THE CRITERIA FOR ACCEPTABILITY APPROVED BY THE NSPSC. WHERE
SPECIFIED QUALITY CONTROL REQUIREMENTS ARE NOT IMPOSED FOR THE NSSMS,
EACH PARTICIPATING GOVERNMENT WILL ENSURE BY ITS NORMAL PROCEDURES THAT
CONTRACTORS OR SUBCONTRACTORS, WHO MANUFACTURE EQUIPMENT IN THAT
GOVERNMENT'S COUNTRY, WILL USE THE SAME QUALITY CONTROL PROCEDURES WHICH
THAT GOVERNMENT USUALLY REQUIRES TO BE USED FOR EQUIPMENT OF SIMILAR
COMPLEXITY WHICH THAT GOVERNMENT PROCURES FOR ITS OWN USE.
2. REPRESENTATIVES OF OTHER PARTICIPATING GOVERNMENTS MAY OBSERVE
SUCH INSPECTION AND MAY REQUEST AND RECEIVE COPIES OF INSPECTION
REPORTS.
1. THE PARTICIPATING GOVERNMENTS HAVE ENTERED INTO THE FOREGOING
ARRANGEMENTS WITH THE FIRM INTENTION OF CARRYING THROUGH THE COOPERATIVE
SUPPORT STAGE TO COMPLETION.
2. UNILATERAL TERMINATION OF PARTICIPATION
IF, HOWEVER, ANY OF THE PARTICIPATING GOVERNMENTS CONSIDERS IT
NECESSARY TO TERMINATE ITS PARTICIPATION IN THE COOPERATIVE SUPPORT
STAGE, IT SHALL ISSUE A WRITTEN PROPOSAL FOR TERMINATION AND DELIVER A
COPY THEREOF TO EACH OF THE OTHER PARTICIPATING GOVERNMENTS.
THEREAFTER, THE FOLLOWING PROVISIONS WILL APPLY:
A. THE PROPOSAL FOR TERMINATION WILL BE SUBJECT TO IMMEDIATE
CONSULTATION AMONG THE PARTICIPATING GOVERNMENTS TO ENABLE THEM TO FULLY
EVALUATE THE CONSEQUENCES OF SUCH TERMINATION.
B. IF, AFTER SUCH CONSULTATION, THE REMAINING PARTICIPATING
GOVERNMENTS DECIDE TO CONTINUE THE COOPERATIVE SUPPORT STAGE THE
TERMINATING GOVERNMENT SHALL GIVE WRITTEN NOTICE TO THE OTHER
PARTICIPATING GOVERNMENTS OF ITS INTENTION TO TERMINATE UNILATERALLY,
AND:
(1) WILL CONTINUE ITS PARTICIPATION, FINANCIAL AND OTHERWISE, IN THE
COOPERATIVE SUPPORT STAGE IN ACCORDANCE WITH THIS MEMORANDUM UNTIL THE
EFFECTIVE DATE OF THE TERMINATION.
(2) WILL PAY ITS SHARE OF THE NATO SEASPARROW SUPPORT SHARED COSTS
DETERMINED IN ACCORDANCE WITH SECTION IX AND ITS NATO SEASPARROW
INDIVIDUAL COSTS, BOTH AS INCURRED AS OF THE EFFECTIVE DATE OF THE
TERMINATION.
(3) WILL MAKE FUNDS AVAILABLE TO PAY SUCH DAMAGES AND COSTS THAT
ACCRUE FROM THE CANCELLATION OR SUSPENSION OF EXISTING PROCUREMENT
CONTRACTS OR UNITED STATES GOVERNMENT AGENCY WORK ORDERS INVOLVED WHICH
WERE AWARDED UNDER THE COOPERATIVE SUPPORT STAGE.
(4) WILL SUBMIT TO THE OTHER PARTICIPATING GOVERNMENTS FINAL REPORTS
ON THE STATUS OF WORK BEING PERFORMED IN ITS COUNTRY UNDER THE
COOPERATIVE SUPPORT STAGE AS OF THE EFFECTIVE DATE OF TERMINATION.
C. THE TERMINATING GOVERNMENT WILL NOT BE LIABLE FOR ANY PAYMENTS FOR
WORK CARRIED OUT UNDER THIS MEMORANDUM AFTER THE EFFECTIVE DATE OF
TERMINATION EXCEPT FOR LIABILITY INCURRED UNDER PARAGRAPH 8 OF THIS
SECTION XVII.
D. RIGHTS AND LICENSES IN RESPECT OF TECHNICAL INFORMATION
(1) THE RIGHTS AND LICENSES IN RESPECT OF TECHNICAL INFORMATION
RECEIVED FROM A TERMINATING GOVERNMENT BY THE CONTINUING GOVERNMENTS
PURSUANT TO THE TERMS OF THIS MEMORANDUM FROM THE COMMENCEMENT OF THE
COOPERATIVE SUPPORT STAGE UP TO THE EFFECTIVE DATE OF THE UNILATERAL
TERMINATION, SHALL REMAIN IN FULL FORCE AND EFFECT AND MAY BE UTILIZED
SUBSEQUENT TO THE TERMINATION BY THE CONTINUING GOVERNMENTS IN
ACCORDANCE WITH SUCH TERMS.
(2) THE RIGHTS AND LICENSES IN RESPECT OF TECHNICAL INFORMATION
RECEIVED BY A TERMINATING GOVERNMENT FROM THE OTHER PARTICIPATING
GOVERNMENTS PURSUANT TO THE TERMS OF THIS MEMORANDUM FROM THE
COMMENCEMENT OF THE COOPERATIVE SUPPORT STAGE UP TO THE EFFECTIVE DATE
OF THE UNILATERAL TERMINATION SHALL REMAIN IN FULL FORCE AND MAY BE
UTILIZED SUBSEQUENT TO THE TERMINATING GOVERNMENT IN ACCORDANCE WITH
SUCH TERMS.
3. MULTILATERAL TERMINATION
IF ALL THE PARTICIPATING GOVERNMENTS AGREE TO TERMINATE THE
COOPERATIVE SUPPORT STAGE ON A MULTILATERAL BASIS, THEIR OBLIGATIONS FOR
THE PAYMENT OF COSTS WILL BE AS PROVIDED FOR IN PARAGRAPH 2 OF THIS
SECTION. THE PARTICIPATING GOVERNMENTS WILL ENTER INTO ARRANGEMENTS
SATISFACTORY TO ALL GOVERNMENTS COVERING THE OTHER TERMS ON WHICH THE
COOPERATIVE SUPPORT STAGE WILL BE TERMINATED.
4. SETTLEMENT OF COMMON POOL EQUITIES
IN THE EVENT OF UNILATERAL OR MULTILATERAL TERMINATION, THE PROJECT
MANAGER SHALL:
A. COORDINATE, AS REQUESTED, THE PROCESSING OF REQUISITIONS OF A
TERMINATING PARTICIPATING GOVERNMENT FOR THE WITHDRAWAL OF ITS COMMON
POOL EQUITY.
B. ASSIST, AS REQUESTED, IN THE RESALE BY A TERMINATING PARTICIPATING
GOVERNMENT TO ANOTHER PARTICIPATING GOVERNMENT OF SUCH PORTION OF THE
TERMINATING GOVERNMENT'S COMMON POOL EQUITY AS MAY BE MUTUALLY AGREED.
C. ASSIST, AS REQUESTED, IN THE NEGOTIATION AND CONCLUSION OF SUCH
COOPERATIVE LOGISTIC SUPPORT ARRANGEMENTS BETWEEN THE UNITED STATES
GOVERNMENT AND THE TERMINATING GOVERNMENT AS MAY BE DESIRED WITH RESPECT
TO THE CONTINUED SUPPORT OF THE NSSM SYSTEMS OR SUBSYSTEMS OF THE
TERMINATING GOVERNMENT.
5. FACILITIES EQUITY
THE INTEREST OF A TERMINATING PARTICIPATING GOVERNMENT IN ANY
FACILITY ACQUIRED ESPECIALLY FOR THE COOPERATIVE SUPPORT STAGE (THE
"FACILITIES EQUITY") SHALL BE DETERMINED BY THE PROJECT MANAGER IN THE
EVENT OF UNILATERAL OR MULTILATERAL TERMINATION. THE VALUE OF THE
FACILITIES EQUITY OF A TERMINATING GOVERNMENT SHALL BE COMPUTED BY
MULTIPLYING THE FRACTION CONSTITUTING THE SHARE OF THE ACQUISITION COST
OF A FACILITY BORNE BY THE TERMINATING GOVERNMENT BY THE FAIR RESIDUAL
VALUE OF THE FACILITY. IN THE EVENT OF A UNILATERAL TERMINATION, THE
CONTINUING PARTICIPATING GOVERNMENTS AND THE TERMINATING PARTICIPATING
GOVERNMENT SHALL NEGOTIATE FAIR AND REASONABLE TERMS FOR THE ACQUISITION
OF THE TERMINATING GOVERNMENT'S FACILITIES EQUITY. IN THE EVENT OF
MULTILATERAL TERMINATION, THE PARTICIPATING GOVERNMENTS SHALL NEGOTIATE
SUCH AGREEMENTS WITH RESPECT TO THE TRANSFER OR DISPOSAL OF FACILITIES
ACQUIRED ESPECIALLY FOR THE COOPERATIVE SUPPORT STAGE AS MAY BE
CONSISTENT WITH THEIR RESPECTIVE NEEDS FOR CONTINUING NSSM SYSTEMS
SUPPORT.
6. CONTINUATION OF WORK AFTER TERMINATION
IF IN THE EVENT OF TERMINATION OF PARTICIPATION IN THE COOPERATIVE
SUPPORT STAGE WHETHER UNILATERAL OR MULTILATERAL, ONE OR MORE OF THE
PARTICIPATING GOVERNMENTS WISHES TO CONTINUE THE WORK BEING PERFORMED IN
A TERMINATING GOVERNMENT'S COUNTRY, THEN SUCH TERMINATING GOVERNMENT
WILL USE ITS GOOD OFFICES, SUBJECT TO ITS OWN LAWS, POLICIES AND DEFENSE
REQUIREMENTS, TO ENSURE THAT SUCH WORK IS SATISFACTORILY PERFORMED. THE
CONTINUING GOVERNMENT OR GOVERNMENTS WILL ASSUME FULL LIABILITY FOR THE
COST INCURRED IN CONTINUING SUCH WORK INCLUDING FAIR AND REASONABLE
MANAGEMENT COSTS.
7. SECURITY MEASURES
THE ARRANGEMENT REGARDING SECURITY MEASURES AND PROTECTION BY THE
PARTICIPATING GOVERNMENTS OF PRIVATELY-OWNED NED RIGHTS IN INVENTIONS
AND TECHNICAL INFORMATION WILL CONTINUE IRRESPECTIVE OF ANY WITHDRAWAL
OR TERMINATION OF THE COOPERATIVE SUPPORT STAGE.
8. FOREIGN MILITARY SALES CASES
THE PROVISIONS OF THIS SECTION ARE NOT APPLICABLE TO TERMINATION OF
FOREIGN MILITARY SALES CASES ENTERED INTO BETWEEN THE UNITED STATES
GOVERNMENT AND EUROPEAN PARTICIPATING GOVERNMENTS. SUCH CASES SHALL BE
TERMINABLE ONLY IN ACCORDANCE WITH THEIR EXPRESS TERMS.
THE MEMORANDUM OF UNDERSTANDING WILL BE EFFECTIVE UPON SIGNATURES BY
THE GOVERNMENT OF THE UNITED STATES OF AMERICA AND ONE OR MORE EUROPEAN
PARTICIPATING GOVERNMENTS. SUBSEQUENT ANNEXES AS AGREED TO BY THE NSPSC
SHALL FORM AN INTEGRAL PART OF THIS MEMORANDUM OF UNDERSTANDING.
FOR THE GOVERNMENT OF BELGIUM
FOR THE GOVERNMENT OF THE FEDERAL REPUBLIC OF GERMANY
FOR THE GOVERNMENT OF DENMARK
FOR THE GOVERNMENT OF ITALY
FOR THE GOVERNMENT OF THE NETHERLANDS
FOR THE GOVERNMENT OF NORWAY
FOR THE GOVERNMENT OF THE UNITED STATES OF AMERICA
NATO SEASPARROW UNIT PRICES ($000)
NSSMS GUIDED MISSILE WEAPONS SYSTEM
(SINGLE-- DIRECTOR) MK 57 MOD 0 $1,350
NSSMS GUIDED MISSILE WEAPONS SYSTEM
(DUAL-- DIRECTOR) MK 57 MOD 1 $1,930
TRANSMITTER GROUP MK 73 MOD 0 $170
GUIDED MISSILE LAUNCHING SYSTEM
MK 29 MOD 0 $487
NSSMS LOW LIGHT LEVEL TELEVISION
MK 6 MOD 0 $105
CHINA, REPUBLIC OF 16 APR 1975 FLITE DOCUMENT NO. 7900075
EXCHANGE OF LETTERS/TERMINATION AGREEMENT EXECUTED 27 MARCH AND 16
APRIL 1975.
EXCHANGE OF LETTERS TERMINATING JOINT AGREEMENT ON MAINTENANCE
ASSISTANCE TO CHINESE AIR FORCE WEATHER UNITS.
TRANSLATION
REFERENCE NO: (64)LB-66/169
TO: LT. COL. EDWARD M. LINN, USAF
OFFICER-IN-CHARGE
OL-B, 1ST WEATHER WING
SUBJECT: TERMINATION OF JOINT AGREEMENT
DESCRIPTION:
1. REFERENCE YOUR LETTER OL-B, 1WWG, DATED 27 MAR. 1975.
2. WE CONCUR WITH YOU IN TERMINATING THE CAF AND THE USAF JOINT
AGREEMENT ON MAINTENANCE ASSISTANCE TO CAF WEATHER UNITS.
YEN JEAN-KUN
COL. CAF
COMMANDER WEATHER WING
OL-B, 1WWG
THE CAF AND THE USAF JOINT AGREEMENT ON MAINTENANCE ASSISTANCE TO CAF
WEATHER UNITS
COL YEN, JEAN-KUN
COMMANDER
WEATHER WING
CHINESE AIR FORCE
1. AIR WEATHER SERVICE HAS MADE SOME ORGANIZATION AND PROCEDURAL
CHANGES WHICH HAVE ELIMINATED ROUTINE IMS VISITS TO BASE WEATHER
STATIONS. UNDER THE NEW PROCEDURES, THE MAINTENANCE TECHNICIANS
ASSIGNED TO THE BASE WEATHER STATION ARE REQUIRED TO DO ALL NECESSARY
MAINTENANCE. IN ADDITION, AWS WILL SOON TURN OVER ALL OF ITS
MAINTENANCE RESPONSIBILITIES AND PERSONNEL TO THE USAF COMMUNICATIONS
SERVICE, WHO WILL THEN BE RESPONSIBLE FOR MAINTAINING ALL WEATHER
EQUIPMENT.
2. THIS MATTER WAS DISCUSSED BY COLONEL CHU AND LT COL LINN ON 27
MARCH, AND IT WAS DECIDED TO TERMINATE THE SUBJECT AGREEMENT BY "MUTUAL
CONSENT" AS OUTLINED IN PARAGRAPH 5 OF THE AGREEMENT.
SIGNED
EDWARD M. LINN, LT COL, USAF
OFFICER-IN-CHARGE
OL-B, 1ST WEATHER WING
GERMANY, FEDERAL REPUBLIC OF 1 JUN 1971 FLITE DOCUMENT NO. 7900074
EXCHANGE OF LETTERS EXECUTED 12 MAY, 17 MAY AND 1 JUNE 1971.
EXCHANGE OF LETTERS CONCERNING CUSTOMS TREATMENT OF GOODS PURCHASED
BY UNACCOMPANIED DEPENDENTS OF US SOLDIERS IN US SALES FACILITIES IN THE
FEDERAL TERRITORY. AGREEMENT INCLUDES ANY DEPENDENTS OF SPONSORS
STATIONED IN A RESTRICTED AREA BECOMES A PART OF THE UNDERSTANDING SET
FORTH IN AN EXCHANGE OF LETTERS OF 18 APRIL, 25 APRIL AND 6 MAY 1968 AS
WELL AS DECREE OF 29 APRIL 1968.
AEUTST-C-CO
HERRN
MINISTERIALRAT DR. DANZER-VANOTTI
BUNDESMINISTERIUM DER FINANZEN
5300 BONN/RHEIN
RHEINDORFER STRASSE 108
DEAR DR. DANZER-VANOTTI:
INCLOSED YOU WILL FIND A COPY OF A MEMORANDUM FOR RECORD EXECUTED
SUBSEQUENT TO TELEPHONE CONVERSATIONS BETWEEN MYSELF, MRS. RADOWSKI, AND
. . . BRENNER ON 11 AND 12 MAY 1971.
IT IS HOPED THAT THE INCLOSED MEMORANDUM REFLECTS ACCURATELY THE
INTERPRETATION OF CURRENT ARRANGEMENTS CONCERNING UNACCOMPANIED
DEPENDENTS. PLEASE ADVISE ME IF YOU CONCUR WITH THE CONTENT OF THE
INCLOSED MEMORANDUM.
YOUR COOPERATION IN THIS MATTER IS GREATLY APPRECIATED.
1 INCL
MEMORANDUM FOR RECORD, DATED 12 MAY 71
TELEPHONE: HEIDELBERG MILITARY (06221-57-)8913
AEUTST-C-CO
MEMORANDUM FOR RECORD
SUBJECT: US-GERMAN AGREEMENT ON UNACCOMPANIED DEPENDENTS
1. ON 11 MAY 1971, I CONTACTED OBERAMTSRAT BRENNER, FEDERAL MINISTRY
OF FINANCE, BONN, IN AN EFFORT TO DETERMINE IF UNACCOMPANIED DEPENDENTS
OF US MILITARY PERSONNEL PERFORMING AN UNACCOMPANIED TOUR OF DUTY IN A
RESTRICTED AREA, COULD BE INCLUDED UNDER THE PROVISIONS OF THE US-GERMAN
ARRANGEMENT CONCERNING UNACCOMPANIED DEPENDENTS. SPECIFICALLY, IF A
WIFE OF A SOLDIER WHO WAS STATIONED IN CONUS UPON RECEIPT OF ORDERS TO A
RESTRICTED AREA AND WHO DECIDED TO SEND HIS DEPENDENTS TO GERMANY, COULD
RECEIVE LIMITED LOGISTICAL SUPPORT WITH ACCOMPANIED PAYMENT OF GERMAN
CUSTOMS DUTIES. IT WAS POINTED OUT THAT CURRENTLY NO CONTROL EXISTS
OVER THIS TYPE OF DEPENDENTS WHO, HOWEVER, ARE IN POSSESSION OF
IDENTIFICATION CARDS WHICH PERMIT THEM ACCESS TO US FORCES SALES
FACILITIES.
2. ON 12 MAY 1971, MR. BRENNER ADVISED THAT IN CONSULTATION WITH
MINISTERIALRAT DR. CHRISTIANSEN AND MINISTERIALRAT DR. DANZER-VANOTTI,
FEDERAL MINISTRY OF FINANCE, IT WAS DECIDED THAT THE CURRENT
UNDERSTANDING ON UNACCOMPANIED DEPENDENTS AS SET FORTH IN AN EXCHANGE OF
LETTERS, DATED 18 APRIL, 25 APRIL AND 6 MAY 1968, CAN INCLUDE ANY
DEPENDENTS OF SPONSORS STATIONED IN A RESTRICTED AREA, REGARDLESS OF THE
PREVIOUS STATION OR ASSIGNMENT OF THE SPONSOR.
CY FURN:
FED MINISTRY OF FINANCE, BONN CINCUSAREUR LN OFF, AMEMB, BONN
FEDERAL MINISTRY FOR ECONOMICS AND FINANCE
F III B/2-- Z 1757-- 3/71
TO:
HEADQUARTERS
42D MP GROUP (CUSTOMS)
ATTN: COL FRANK COHN
69 HEIDELBERG
APO 09403
SUBJECT: CUSTOMS TREATMENT OF GOODS PURCHASED BY UNACCOMPANIED
DEPENDENTS OF US SOLDIERS IN US SALES FACILITIES IN THE FEDERAL
TERRITORY
DEAR COLONEL COHN,
I CONCUR WITH THE CONTENT OF THE MEMORANDUM OF 12 MAY 1971,
AEUTST-C-CO, WHICH YOU FURNISHED ME WITH YOUR LETTER OF 17 MAY 1971,
AEUTST-C-CO.
THE UNACCOMPANIED DEPENDENTS CONCERNED WILL THUS BE INCLUDED, WITHOUT
ANY FURTHER ACTION BEING REQUIRED, INTO THE ARRANGEMENT SET FORTH IN THE
DECREE OF 29 APRIL 1968-- III B/2-- Z 1757-- 19/68, COPIES OF WHICH WERE
FURNISHED YOU BY MY LETTER OF 6 MAY 1968-- III B/2-- Z 1757-- 19/68 II.
THIS IS A TRUE TRANSLATION:
G. RADEWSKI
HQ, 42D MP GP (CUSTOMS) APO 09403
PERU 23 DEC 1974 FLITE DOCUMENT NO. 7900073
MEMORANDUM OF UNDERSTANDING EXECUTED 23 DECEMBER 1974.
MEMORANDUM OF UNDERSTANDING WHEREBY THE UNITED STATES NAVY WILL
PROVIDE TO THE PERUVIAN NAVY ON-LINE CRYPTOGRAPHIC EQUIPMENT AND RELATED
MATERIAL FOR USE ON THE TELETYPEWRITER SYSTEM OF THE IANTN.
IN ORDER TO PROMOTE THE SECURITY OF THE WESTERN HEMISPHERE AND THE
VOLUNTARY COOPERATION AND UNDERSTANDING BETWEEN THE VARIOUS NAVIES
PARTICIPATING IN THE INTER-AMERICAN NAVAL TELECOMMUNICATION NETWORK
(HEREINAFTER REFERRED TO AS THE "IANTN") AND IN ORDER TO IMPROVE THE
SECURITY OF THE SAID NETWORK, THE UNITED STATES NAVY WILL PROVIDE TO
PARTICIPATING NAVIES ON-LINE CRYPTOGRAPHIC EQUIPMENT AND RELATED
MATERIAL FOR USE ON THE TELETYPEWRITER SYSTEM OF THE IANTN.
NOW THEREFORE, THE PARTIES DO MUTUALLY AGREE AS FOLLOWS:
1. TITLE. THE TITLE TO THE EQUIPMENT SHALL REMAIN WITH THE UNITED
STATES NAVY. EXCEPT AS MAY BE OTHERWISE AUTHORIZED BY THE UNITED STATES
NAVY AND EXCEPT DURING TRANSFER FROM THE UNITED STATES AND RETURN TO THE
PLACE OF REDELIVERY, THE PERUVIAN NAVY SHALL KEEP THE EQUIPMENT IN ITS
OWN POSSESSION, CUSTODY AND CONTROL.
2. SECURITY. THE PERUVIAN NAVY SHALL ADEQUATELY PROTECT ANY
CRYPTOGRAPHIC EQUIPMENT, CRYPTOGRAPHIC MATERIALS, CLASSIFIED INFORMATION
AND MATERIALS PROVIDED IN ACCORDANCE WITH THIS AGREEMENT. THE UNITED
STATES NAVY WILL PROVIDE CERTAIN MINIMUM SECURITY REQUIREMENTS AS WELL
AS RECOMMENDED, BUT NOT MANDATORY, SECURITY GUIDELINES.
3. OPERATION AND USE. THE PERUVIAN NAVY SHALL OPERATE THE EQUIPMENT
IN ACCORDANCE WITH OPERATING INSTRUCTIONS AND TRAINING TO BE PROVIDED BY
THE UNITED STATES NAVY. THE EQUIPMENT SHALL BE USED ONLY TO COMMUNICATE
WITH THE UNITED STATES NAVAL COMMUNICATIONS STATION, BALBOA, CANAL ZONE
(HEREINAFTER REFERRED TO AS "NAVCOMMSTA BALBOA") ON THE IANTN.
4. MAINTENANCE. EXCEPT AS SPECIFICALLY AUTHORIZED BY THE
MAINTENANCE INSTRUCTIONS TO BE PROVIDED BY THE UNITED STATES NAVY, ALL
MAINTENANCE WILL BE THE RESPONSIBILITY OF THE UNITED STATES NAVY. THE
PERUVIAN NAVY SHALL PERFORM ONLY SUCH MAINTENANCE AS AUTHORIZED BY THE
INSTRUCTIONS TO BE PROVIDED.
5. ALTERATIONS. THE PERUVIAN NAVY SHALL NOT MAKE ANY ALTERATIONS OR
ADDITIONS TO THE EQUIPMENT AND MATERIAL PROVIDED IN ACCORDANCE WITH THIS
AGREEMENT WITHOUT PRIOR CONSENT OF THE UNITED STATES NAVY. ALL SUCH
ALTERATIONS OR ADDITIONS SHALL BECOME THE PROPERTY OF THE UNITED STATES
NAVY EXCEPT ITEMS WHICH CAN BE READILY REMOVED WITHOUT INJURY TO THE
BASIC EQUIPMENT AND ARE REMOVED PRIOR TO REDELIVERY OF THE EQUIPMENT.
AS A CONDITION OF ITS APPROVAL OF ANY ALTERATION OR ADDITION, THE UNITED
STATES NAVY MAY REQUIRE THE PERUVIAN NAVY TO RESTORE THE EQUIPMENT TO
ITS PRIOR CONDITION.
6. RISK OR LOSS. ALL RISK OR LOSS OF OR DAMAGE TO THE EQUIPMENT
DURING THE TERM OF THIS UNDERSTANDING AND UNTIL ITS RETURN TO THE PLACE
OF REDELIVERY, NOT ARISING OUT OF ENEMY ACTION, SHALL BE BORNE BY THE
PERUVIAN NAVY. IN THE EVENT OF SUCH LOSS OR DAMAGE, THE PERUVIAN NAVY
SHALL COMPENSATE THE UNITED STATES NAVY THEREFOR.
7. INDEMNIFICATION. THE PERUVIAN NAVY RENOUNCES ALL CLAIMS AGAINST
THE UNITED STATES GOVERNMENT, ITS OFFICERS, AGENTS, AND EMPLOYEES
ARISING OUT OF OR INCIDENTAL TO TRANSFER, POSSESSION, USE OR OPERATION
OF THE EQUIPMENT AND WILL INDEMNIFY AND HOLD HARMLESS THE UNITED STATES
GOVERNMENT, ITS OFFICERS, AGENTS, AND EMPLOYEES FOR ANY SUCH CLAIMS OF
THIRD PARTIES.
8. INSTALLATION, INSPECTION AND INVENTORY. THE PERUVIAN NAVY SHALL
AUTHORIZE DESIGNATED U.S. NAVY PERSONNEL, MILITARY OR CIVILIAN, TO
INSTALL, OR SUPERVISE THE INSTALLATION OF, THE EQUIPMENT AND TO PERFORM
MAINTENANCE CHECKS PERIODICALLY OR APERIODICALLY AFTER INSTALLATION.
IMMEDIATELY AFTER THE INSTALLATION AND DELIVERY OF THE EQUIPMENT TO THE
PERUVIAN NAVY, AN INSPECTION OF THE PHYSICAL CONDITION OF THE EQUIPMENT
AND AN INVENTORY OF ALL RELATED ITEMS SHALL BE MADE BY REPRESENTATIVES
OF THE PERUVIAN NAVY AND THE UNITED STATES NAVY. A JOINT REPORT OF
THEIR FINDINGS SHALL BE MADE WHICH SHALL BE CONCLUSIVE EVIDENCE AS TO
THE PHYSICAL CONDITION OF SAID EQUIPMENT AND AS TO SUCH ITEMS AS OF THE
TIME OF DELIVERY. A SIMILAR INSPECTION, INVENTORY AND JOINT REPORT
SHALL BE MADE BY THE PARTIES UPON THE TERMINATION OR EXPIRATION OF THIS
AGREEMENT. THE FINDINGS OF THAT REPORT SHALL BE CONCLUSIVE EVIDENCE AS
TO THE PHYSICAL CONDITION OF THE EQUIPMENT AND AS TO SUCH ITEMS AS OF
THE DATE OF TERMINATION OR EXPIRATION OF THIS AGREEMENT. THE PERUVIAN
NAVY SHALL PROMPTLY COMPENSATE FOR ANY DEFICIENCY IN SUCH ITEM SHOWN BY
THE TERMINAL INVENTORY AND MAY REMOVE ANY EXCESS THEREOF BUT IN THE
ABSENCE OF REMOVAL, TITLE TO ANY SUCH EXCESS SHALL VEST IN THE UNITED
STATES NAVY.
9. REPORTS AND NOTIFICATIONS. THE PERUVIAN NAVY SHALL NOTIFY BY
MESSAGE THE COMMANDING OFFICER, NAVCOMMSTA BALBOA OF:
A. ALL MAINTENANCE WHICH THE PERUVIAN NAVY PERFORMS ON THE
CRYPTOGRAPHIC EQUIPMENT PROVIDED IN ACCORDANCE WITH THIS AGREEMENT.
B. ALL REQUIRED MAINTENANCE BEYOND THAT WHICH THE PERUVIAN NAVY IS
AUTHORIZED TO PERFORM.
C. ANY SECURITY VIOLATIONS, INCLUDING KNOWN OR SUSPECTED COMPROMISE
OF THE CRYPTOGRAPHIC EQUIPMENT, OPERATING AND MAINTENANCE INSTRUCTIONS,
KEYLISTS OR KEYLIST EXTRACTS WHETHER THROUGH LOSS, THEFT, CAPTURE,
SALVAGE, UNAUTHORIZED VIEWING OR BY ANY OTHER MEANS.
10. EXCHANGE OF DEFECTIVE EQUIPMENT. UPON NOTIFICATION REQUIRED BY
ARTICLE 9.B. ABOVE, THE COMMANDING OFFICER, NAVCOMMSTA BALBOA SHALL
REPLACE THE MALFUNCTIONING EQUIPMENT AS EXPEDITIOUSLY AS POSSIBLE. THE
PERUVIAN NAVY SHALL PREPARE THE MALFUNCTIONING EQUIPMENT FOR PICKUP OR
DELIVERY AS SPECIFIED BY THE COMMANDING OFFICER, NAVCOMMSTA BALBOA.
11. EFFECTIVE DATE. THIS AGREEMENT IS EFFECTIVE FOR A TERM OF ONE
YEAR FROM THE DATE OF INSTALLATION AND DELIVERY OF THE EQUIPMENT TO THE
PERUVIAN NAVY AND SHALL BE AUTOMATICALLY RENEWED FOR ADDITIONAL TERMS,
NOT TO EXCEED ONE YEAR EACH, UNLESS OBJECTED TO OR TERMINATED BY EITHER
OF THE PARTIES HERETO.
12. TERMINATION. THIS AGREEMENT MAY BE TERMINATED:
A. BY MUTUAL AGREEMENT OF THE PARTIES;
B. BY THE PERUVIAN NAVY UPON WRITTEN NOTICE;
C. BY THE UNITED STATES NAVY (I) DURING ANY NATIONAL EMERGENCY
DECLARED BY THE PRESIDENT OF THE UNITED STATES OF AMERICA OR ITS
CONGRESS OR (II) UPON WRITTEN NOTICE TO THE PERUVIAN NAVY.
13. DELIVERY AND REDELIVERY. INSTALLATION AND DELIVERY OF THE
CRYPTOGRAPHIC EQUIPMENT TO THE PERUVIAN NAVY SHALL BE AT SUCH TIME AND
PLACE AS MAY BE MUTUALLY AGREED UPON. SUCH DELIVERY SHALL BE EVIDENCED
BY A CERTIFICATION OF DELIVERY. UPON EXPIRATION OR TERMINATION OF THIS
AGREEMENT, THE EQUIPMENT SHALL BE RETURNED AT A PLACE AND TIME TO BE
MUTUALLY AGREED UPON.
14. TRANSFER, INSTALLATION, REMOVAL AND OPERATING COSTS. THE UNITED
STATES NAVY SHALL BEAR THE COST OF TRANSFERRING THE EQUIPMENT FROM THE
UNITED STATES AND BACK TO THE PLACE OF REDELIVERY. THE PERUVIAN NAVY
SHALL BEAR THE COST OF PREPARING ITS FACILITY FOR INSTALLATION OR
REMOVAL OF THE EQUIPMENT EXCEPT THAT THE UNITED STATES SHALL BEAR THE
COST OF THE EQUIPMENT, RELATED ANCILLARY MATERIAL AND THE INSTALLATION
OR SUPERVISION OF THE INSTALLATION, OR REMOVAL OR SUPERVISION OF THE
REMOVAL THEREOF. IF INSTALLATION OR REMOVAL OF THE EQUIPMENT AND/OR ITS
ANCILLARY MATERIAL IS PERFORMED BY THE PERUVIAN NAVY UNDER SUPERVISION
OF THE UNITED STATES NAVY, THEN SUCH COSTS AS INCURRED BY THE PERUVIAN
NAVY SHALL BE BORNE BY THE PERUVIAN NAVY. ALL OPERATING COSTS AND THE
COST OF ALL MAINTENANCE WHICH IT IS AUTHORIZED TO PERFORM SHALL BE BORNE
BY THE PERUVIAN NAVY. ALL OTHER MAINTENANCE COSTS SHALL BE BORNE BY THE
UNITED STATES NAVY.
IN WITNESS WHEREOF, EACH OF THE PARTIES HERETO HAS EXECUTED THIS
MEMORANDUM OF UNDERSTANDING AS OF THE 23RD DAY OF DECEMBER, 1974.
THE PERUVIAN NAVY
EL CAPITAN DE NAVIE
ENRIQUE PETROZZI MOLFINO
SIGNED
NETHERLANDS 19 NOV 1975 FLITE DOCUMENT NO. 7900072
AUDIT SERVICE ARRANGEMENT EXECUTED 29 SEPTEMBER AND 19 NOVEMBER 1975.
ARRANGEMENT TO PROVIDE THE GOVERNMENT OF THE NETHERLANDS WITH
AUDITING SERVICES FOR CONTRACTS WHICH HAVE BEEN OR MAY BE SOUGHT TO BE
PLACED BY THE ROYAL NETHERLANDS ARMY IN THE UNITED STATES.
PURSUANT TO THE U.S. FOREIGN ASSISTANCE ACT OF 1961, AS AMENDED, THE
GOVERNMENT OF THE UNITED STATES OF AMERICA, HEREBY OFFERS UPON REQUEST,
THROUGH THE DEFENSE CONTRACT AUDIT AGENCY, TO PROVIDE THE GOVERNMENT OF
THE KINGDOM OF THE NETHERLANDS (HEREINAFTER REFERRED TO AS NETHERLANDS)
WITH AUDITING SERVICES FOR CONTRACTS WHICH HAVE BEEN OR MAY BE SOUGHT TO
BE PLACED BY THE ROYAL NETHERLANDS ARMY IN THE UNITED STATES OF AMERICA.
A. AUDIT SERVICES TO BE PROVIDED
1. REQUESTS FROM THE ROYAL NETHERLANDS ARMY FOR AUDIT SERVICES WILL
INCLUDE INFORMATION ON THE NATURE AND SCOPE OF THE AUDIT SERVICES
DESIRED. WHEREVER APPROPRIATE, SUCH REQUESTS WILL BE ACCOMPANIED BY THE
COMPLETE TEXT OF THE CONTRACT OR PROPOSAL IN QUESTION AND WILL INCLUDE
ANY NECESSARY EXPLANATIONS.
2. AUDIT SERVICES WILL INCLUDE BUT NOT BE LIMITED TO THE FOLLOWING:
A. ANALYSIS OF PROPOSALS WHICH ARE TO BE NEGOTIATED ON THE BASIS OF
COST ESTIMATES.
B. AUDIT OF COST-REIMBURSEMENT AND FLEXIBLY PRICED CONTRACTS.
3. A. THE AUDIT SERVICES TO BE FURNISHED HEREUNDER WILL BE
ESSENTIALLY THE SAME AS FURNISHED TO DEPARTMENT OF DEFENSE PURCHASING
OFFICERS AND WILL BE CARRIED OUT IN ACCORDANCE WITH PRINCIPLES AND
PROCEDURES PRESCRIBED IN UNITED STATES REGULATIONS FOR SUCH SERVICES.
B. THE ROYAL NETHERLANDS ARMY WILL SEEK TO INCLUDE OR TO CAUSE TO BE
INCLUDED IN EACH RELEVANT CONTRACT, SUBCONTRACT, INVITATION FOR BID OR
REQUEST FOR PROPOSAL WHERE APPLICABLE, PROVISIONS OF THE KIND CONTAINED
IN ANNEX 1 TO THIS ARRANGEMENT FOR ENABLING THE DEFENSE CONTRACT AUDIT
AGENCY TO PERFORM ITS AUDIT SERVICES.
C. CONCERNING COST-REIMBURSEMENT TYPE CONTRACTS OR FIXED PRICE TYPE
CONTRACTS THE ROYAL NETHERLANDS ARMY WILL, IN MAKING ANY REQUEST FOR
AUDIT SERVICES, INFORM THE DEFENSE CONTRACT AUDIT AGENCY OF ANY
UNDERSTANDING WITH A PRIME CONTRACTOR OR SUBCONTRACTOR THAT CERTAIN
KINDS OF COSTS WILL BE TREATED DIFFERENTLY FROM THE TREATMENT PROVIDED
IN SECTION XV OF THE ARMED SERVICES PROCUREMENT REGULATIONS.
4. THE DEFENSE CONTRACT AUDIT AGENCY WILL NOT BECOME INVOLVED IN ANY
NEGOTIATIONS BETWEEN THE ROYAL NETHERLANDS ARMY AND ITS CONTRACTORS.
THE DEFENSE CONTRACT AUDIT AGENCY'S SOLE RESPONSIBILITY IS TO ADVISE THE
ROYAL NETHERLANDS ARMY OF THE REASONABLENESS OF ANY COSTS OR OF ANY
REASON THAT MAY EXIST FOR QUESTIONING OF A COST OR ESTIMATE AND OF THE
DEFENSE CONTRACT AUDIT AGENCY'S UNDERSTANDING OF THE PERTINENT FACTS.
IT IS UNDERSTOOD THAT THE SERVICES RENDERED UNDER THIS ARRANGEMENT ARE
ADVISORY ONLY.
5. IN NO CASE WILL THE DEFENSE CONTRACT AUDIT AGENCY ASSUME
RESPONSIBILITY FOR A CONTRACTOR'S TECHNICAL COMPETENCE, FINANCIAL
CAPABILITY, OR ANY OTHER ASPECT OF CONTRACTOR PERFORMANCE.
6. THE CONTENTS OF REPORTS PREPARED IN THE PERFORMANCE OF THE AUDIT
SERVICES WILL BE DIVULGED ONLY TO THOSE OFFICIALS OF THE RESPECTIVE
PARTIES HERETO WHO NEED TO KNOW THE CONTENTS IN ORDER TO ACHIEVE THE
OBJECTIVES OF THIS ARRANGEMENT. SPECIAL CARE WILL BE TAKEN BY THE
DEFENSE CONTRACT AUDIT AGENCY TO ENSURE THAT COMPETITORS WILL NOT OBTAIN
KNOWLEDGE OF THE CONTENTS OF SUCH REPORTS.
B. PAYMENT FOR AUDIT SERVICES
THE ROYAL NETHERLANDS ARMY WILL MAKE PAYMENT TO THE DEFENSE CONTRACT
AUDIT AGENCY FOR THE PROVISION OF AUDIT SERVICES AT THE AGREED RATE
CURRENT AT THE TIME THE AUDIT SERVICES ARE PERFORMED. BILLS WILL
IDENTIFY THE SPECIFIC REQUEST BEING REVIEWED AND REFLECT THE NUMBER OF
AUDIT REVIEW MANHOURS EXPENDED. A BILL WILL BE RENDERED QUARTERLY TO
ROYAL NETHERLANDS EMBASSY, BUREAU MILITARY ATTACHE, 4200 LINNEAN AVENUE,
N.W., WASHINGTON, D.C. 20008.
C. EFFECTIVE DATE, AMENDMENTS AND TERMINATION
1. THIS ARRANGEMENT SHALL BE EFFECTIVE WHEN SIGNED BY THE DIRECTOR
OF THE DEFENSE CONTRACT AUDIT AGENCY AND A DULY AUTHORIZED
REPRESENTATIVE OF THE NETHERLANDS.
2. EITHER PARTY MAY SUGGEST AMENDMENTS TO THIS ARRANGEMENT AT ANY
TIME BY FORWARDING A PROPOSED TEXT TO THE OTHER. A PROPOSED AMENDMENT
WILL BE EFFECTIVE WHEN ACCEPTED IN WRITING. EITHER PARTY MAY REQUEST A
JOINT CONFERENCE IN CONSIDERATION OF ANY PROBLEMS THAT MAY HAVE ARISEN
AND THE METHODS, INCLUDING AMENDMENT, NEEDED TO SOLVE THEM.
3. THIS ARRANGEMENT MAY BE TERMINATED BY EITHER PARTY GIVEN ONE
MONTH'S NOTICE IN WRITING OF INTENTION TO TERMINATE. TERMINATION OF THE
ARRANGEMENT WILL BE SUBJECT TO COMPLETION OF REQUESTED AUDITS THEN IN
PROGRESS UNLESS OTHERWISE MUTUALLY AGREED.
NETHERLANDS GOVERNMENT
DE KWARTIERMEESTER GENERAL
VOOR DEZE
DE SOUS CHEF AANSCHAFFING
DE KOLONEL,
ATTEST: SIGNED
DATE 29 SEPTEMBER 1975.
I. AUDITING OF ANTICIPATED OR ACTUAL COSTS
WHEN AN ANALYSIS OF COST ESTIMATES IS TO BE REQUESTED IN CONNECTION
WITH THE EVALUATION OF A PROPOSAL FOR A NEGOTIATED CONTRACT OR WHEN AN
AUDIT OF COSTS IS TO BE REQUESTED FOR A COST-REIMBURSEMENT OR FLEXIBLY
PRICED TYPE CONTRACT, THE REQUEST FOR PROPOSALS OR CONTRACT SHALL
PROVIDE THAT THE ALLOWABILITY OF COSTS WILL BE DETERMINED IN ACCORDANCE
WITH SECTION XV OF THE ARMED SERVICES PROCUREMENT REGULATIONS, EXCEPT
FOR COSTS THAT THE CONTRACT OR REQUEST FOR PROPOSALS EXPLICITLY TREATS
OTHERWISE.
II. SUBMISSION OF COST OR PRICING DATA
WHEN AN ANALYSIS OF COST ESTIMATES IS TO BE REQUESTED IN CONNECTION
WITH THE EVALUATION OF A PROPOSAL FOR A NEGOTIATED CONTRACT, THE REQUEST
FOR PROPOSAL SHALL REQUIRE THE CONTRACTOR TO SUBMIT FOR AUDIT AND
ANALYSIS ACCURATE COMPLETE AND CURRENT COSTS AND PRICING DATA INCLUDING
ANY BOOKS, RECORDS, DOCUMENTS OR OTHER HISTORICAL ACCOUNTING DATA AND
WHERE APPLICABLE ANY OTHER FACTS WHICH MIGHT REASONABLY BE EXPECTED TO
AFFECT PRICE NEGOTIATIONS SUCH AS VENDOR QUOTATIONS, NONRECURRING COSTS,
CHANGES IN PRODUCTION METHODS AND PRODUCTION OR PROCUREMENT VOLUME, UNIT
COST TRENDS SUCH AS THOSE ASSOCIATED WITH LABOR EFFICIENCY, AND
MAKE-OR-BUY DECISIONS OR ANY OTHER MANAGEMENT DECISIONS WHICH COULD
REASONABLY BE EXPECTED TO HAVE A SIGNIFICANT BEARING ON COSTS UNDER THE
PROPOSED CONTRACT.
III. MAINTENANCE OF COST RECORDS
WHEN AN AUDIT IS TO BE REQUESTED FOR A COST-REIMBURSEMENT OR FLEXIBLY
PRICED TYPE CONTRACT, THE CONTRACT SHALL REQUIRE THE CONTRACTOR TO
MAINTAIN BOOKS, RECORDS, DOCUMENTS AND OTHER EVIDENCE PERTAINING TO THE
COSTS AND EXPENSES OF THE CONTRACT AND ACCOUNTING PROCEDURES AND
PRACTICES ADEQUATE TO REFLECT PROPERLY ALL DIRECT AND INDIRECT COSTS, OF
WHATEVER NATURE, FOR WHICH REIMBURSEMENT IS CLAIMED UNDER THE PROVISIONS
OF THE CONTRACT.
IV. EXAMINATION OF RECORDS
A. WHEN AN AUDIT IS TO BE REQUESTED FOR A COST-REIMBURSEMENT OR
FLEXIBLY PRICED TYPE CONTRACT, THE CONTRACT SHALL REQUIRE THE CONTRACTOR
TO MAKE ALL THE RECORDS REFERRED TO IN III. ABOVE AVAILABLE FOR
INSPECTION AND AUDIT BY REPRESENTATIVES OF THE DEFENSE CONTRACT AUDIT
AGENCY, UPON THEIR REQUEST, UNTIL FINAL PAYMENT IS MADE UNDER THE
CONTRACT OR SUCH LATER TIME AS THE CONTRACT MAY SPECIFY.
B. ANY OTHER CONTRACT, IN CONNECTION WITH WHICH AN AUDIT SERVICE IS
TO BE REQUESTED AFTER THE DATE OF EXECUTION, SHALL REQUIRE THE
CONTRACTOR TO GIVE AUTHORIZED REPRESENTATIVES OF THE DEFENSE CONTRACT
AUDIT AGENCY ACCESS TO AND THE RIGHT TO EXAMINE ANY BOOKS, DOCUMENTS,
PAPERS AND RECORDS OF THE CONTRACTOR, INVOLVING TRANSACTIONS RELATED TO
THE CONTRACT.
ARGENTINA, REPUBLIC OF 7 JUL 1975 FLITE DOCUMENT NO. 7900071
EXCHANGE OF LETTERS EXECUTED 27 JUNE (THIS LETTER MISSING) AND 7 JULY
1975.
EXCHANGE OF LETTERS EXTENDING CREDIT AGREEMENT OF 12 JUNE 1972 TO 30
JUNE 1976.
BRIGADIER GENERAL LUIS MARIA MIRO
PRESIDENT, SPECIAL PURCHASING COMMISSION
ARGENTINE ARMY
2136 R STREET, NW
WASHINGTON, DC 20008
DEAR GENERAL MIRO:
WITH REFERENCE TO YOUR LETTER OF 27 JUNE 1975, REFERENCE
E32-8889/191, IT IS HEREBY AGREED THAT THE DATE FOR PLACING ORDERS UNDER
THE CREDIT AGREEMENT BETWEEN THE GOVERNMENT OF ARGENTINA AND THE
GOVERNMENT OF THE UNITED STATES DATED 12 JUNE 1972 IS EXTENDED TO 30
JUNE 1978.
SEE AGREEMENT OF 26 MAY 72 PER J. A. BILLINGS 2/5/76
NETHERLANDS 24 JUL 1975 FLITE DOCUMENT NO. 7900070
ADMINISTRATIVE ARRANGEMENTS EXECUTED 30 MAY AND 24 JULY 1975;
EFFECTIVE 24 JULY 1975.
ARRANGEMENTS PERTAINING TO PREFINANCED NATO COMMON INFRASTRUCTURE
PROJECTS. ARRANGEMENTS DRAFTED 20 MAY 1975 AND AGREED TO BY AN EXCHANGE
OF NOTES.
INFRASTRUCTURE PREFINANCE AND RECOUPMENT ARRANGEMENT.
WITH REFERENCE TO YOUR LETTER AEAEN-- CN, DATED 30 MAY 1975, I
HEREWITH CONFIRM OUR OFFICIAL ACCEPTANCE OF THE INFRASTRUCTURE
PREFINANCING AND RECOUPMENT ARRANGEMENT, AS ATTACHED TO YOUR LETTER
MENTIONED ABOVE.
AS THE ARRANGEMENT SHOULD COME INTO FORCE WITH THIS EXCHANGE OF
LETTERS, IT IS UNDERSTOOD TO BE EFFECTIVE AS FROM THIS DAY. ARTICLE VII
HAS BEEN CORRECTED ACCORDINGLY.
MINISTRY OF DEFENSE
THE HAGUE, NETHERLANDS
DEAR SIR,
THIS LETTER RESPONDS TO YOUR LETTER, 451.258/A, DTD 20 FEBRUARY 1975,
CONCERNING INFRASTRUCTURE/RECOUPMENT ARRANGEMENT AND YOUR MESSAGE, JD
NUMBER 451.253/3, DATED 201630Z MAY 75.
THIS HEADQUARTERS AGREES TO THE PROCEDURES OF EXCHANGE OF LETTERS TO
PUT IN EFFECT THE ATTACHED AGREEMENT WHICH IS ESSENTIALLY THE DRAFT
AGREEMENT IN OUR LETTER TO YOU OF 7 NOVEMBER 1974 WITH SLIGHT
CORRECTIONS (WHICH ARE UNDERLINED).
THIS LETTER CONSTITUTES OUR OFFICIAL ACCEPTANCE OF THE ATTACHED
AGREEMENT.
WE SINCERELY REGRET THAT THE RESPONSE TO YOU WAS DELAYED WHICH WAS
CAUSED BY ADDITIONAL REVIEW AND ADMINISTRATIVE REQUIREMENTS.
THESE ARRANGEMENTS SET FORTH THE PROCEDURE THAT WILL APPLY TO NATO
INFRASTRUCTURE PROJECTS THAT ARE PREFINANCED BY THE U.S. AND TO THE
RECOUPMENT FROM NATO FOR SUMS EXPENDED BY THE U.S. ON SUCH PROJECTS.
PROJECTS THAT THE UNITED STATES MAY DESIRE TO PREFINANCE DUE TO
URGENT MILITARY CONSIDERATIONS ARE:
A. PROJECTS THAT ARE UNDER STUDY BY THE UNITED STATES, OR A NATO
MILITARY COMMAND, THE ELIGIBILITY OF WHICH FOR NATO COMMON FUNDING HAS
NOT YET BEEN ESTABLISHED.
B. PROJECTS ELIGIBLE FOR NATO COMMON FUNDING BEING CONSIDERED BY NATO
MILITARY COMMANDS FOR INCLUSION IN A FUTURE INFRASTRUCTURE SLICE.
C. IN EXCEPTIONAL CASES, PROJECTS PROGRAMMED IN AN APPROVED NATO
INFRASTRUCTURE SLICE.
A. THE MINISTRY OF DEFENSE OF THE NETHERLANDS (MOD), UPON THE REQUEST
OF THE UNITED STATES, WILL PREPARE AND SUBMIT A PREFINANCING STATEMENT
TO THE NATO PAYMENTS AND PROGRESS COMMITTEE (HEREINAFTER REFERRED TO AS
THE COMMITTEE). THE REQUEST WILL CONTAIN A DESCRIPTION OF THE PROJECT,
ITS MILITARY PURPOSE AND URGENCY, AND A STATEMENT OF INTENT TO
PREFINANCE THE PROJECT WITH UNITED STATES' FUNDS AND TO RECOUP THESE
FUNDS WHEN THE PROJECT HAS BEEN AUTHORIZED UNDER COMMITTEE BUDGET
CONTROL PROCEDURES. THE STATEMENT WILL ALSO ADDRESS THE SUBJECT OF NATO
INTERNATIONAL COMPETITIVE BIDDING (ICE), REQUESTING EITHER AN EXEMPTION
FROM, OR AN ACCELERATION IN, OR NORMAL ICE PROCEDURES, AS APPROPRIATE.
TECHNICAL DATA ACCOMPANYING THE REQUEST WILL CONFORM WITH THE
REQUIREMENTS THAT ARE SET FORTH IN NATO INFRASTRUCTURE COMMITTEE
DOCUMENT AC/4-D/1977 AND P&P COMMITTEE DOCUMENT AC/4(PP)N/2730
(REVISED).
B. THE MOD WILL PREPARE AND DISTRIBUTE THE PREFINANCING STATEMENT TO
THE COMMITTEE THROUGH ITS NATO REPRESENTATIVE UNDER THE TERMS SPECIFIED
IN COMMITTEE DOCUMENT AC/4(PP)D/8364 (REVISED).
C. THE U.S. MAY SUBMIT A NOTICE OF INTENT TO PREFINANCE A PROJECT
THROUGH ITS DELEGATION TO NATO IN ACCORDANCE WITH THE PROCEDURES SET
FORTH IN AC/4-D/1977. NORMALLY, U.S. ACTION OF THIS NATURE WILL BE
TAKEN ONLY WHEN THE MOD HAS FOR ONE REASON OR ANOTHER TAKEN NO ACTION
UPON A REQUEST OF THE UNITED STATES OF THE NATURE MENTIONED IN
SUBPARAGRAPH A ABOVE, WITHIN A PERIOD OF 45 DAYS FROM THE DATE THAT THE
U.S. REQUESTED THE MOD TO PREPARE AND SUBMIT A PREFINANCING STATEMENT TO
THE COMMITTEE, OR 4HERE, AFTER COORDINATION WITH THE MOD, THE U.S.
DETERMINES THAT URGENCY PRECLUDES THE USE OF PROCEDURES CITED IN ARTICLE
II, A., AND B.
A. PROJECTS WILL BE DESIGNED, ADVERTISED, AWARDED, AND CONSTRUCTED IN
ACCORDANCE WITH THE ARRANGEMENTS MUTUALLY AGREED UPON IN EXCHANGE OF
LETTERS BETWEEN MOD AND U.S. (OR IT'S DELEGATED AGENCY, NORMALLY U.S.
ARMY ENGINEER DIVISION, EUROPE (EUD). NO CONTRACT WILL BE AWARDED UNTIL
COMMITTEE HAS NOTED THE PREFINANCING STATEMENT AND THE U.S. NOTIFIES THE
MOD THAT THE NECESSARY FUNDS HAVE BEEN COMMITTED TO THE PROJECT.
B. ONCE A CONTRACT HAS BEEN AWARDED BY THE MOD, THE U.S. WILL, ON
REQUEST, PLACE AT THE DISPOSAL OF THE MOD THE FUNDS NECESSARY FOR THE
EXECUTION OF THE WORKS, THIS OBLIGATION TERMINATES WHEN AUTHORIZATION TO
COMMIT FUNDS IS OBTAINED FROM THE PAYMENTS AND PROGRESS COMMITTEE.
A. THE MOD (OR U.S. IF CONSTRUCTED DIRECTLY BY U.S.) WILL PREPARE AND
FORWARD RECOUPMENT COST ESTIMATES FOR PREFINANCED PROJECTS OF THE NATURE
MENTIONED IN ARTICLE I A, B AND C ABOVE WITHIN 45 DAYS SUBSEQUENT TO THE
TIME THAT THE PROJECT IS FIRST LISTED IN A RECOMMENDED SLICE.
B. THE MOD WILL AFTER COORDINATION WITH THE U.S. PROCESS THE COST
ESTIMATES IN ACCORDANCE WITH ITS NATIONAL REGULATIONS AND WILL FORWARD
THEM TO THE NATO INTERNATIONAL STAFF FOR SCREENING AND RECOMMENDATION.
THE MOD WILL ADVISE THE APPROPRIATE REPRESENTATIVES OF THE UNITED STATES
IF AND WHEN DELAYS IN EXCESS OF 60 DAYS AFTER COORDINATION WITH THE U.S.
HAS BEEN FINALIZED ARE ENCOUNTERED IN THE COORDINATION, PROCESSING, AND
FORWARDING OF COST ESTIMATES.
C. THE U.S., UPON NATO P&P COMMITTEE PROJECT AUTHORIZATION (WHICH
INCLUDED NAE), WILL FORWARD A REQUEST TO THE MOD FOR REIMBURSEMENT, AS
AUTHORIZED BY THE COMMITTEE, OF FUNDS THAT HAVE BEEN EXPENDED, OR THAT
ARE EXPECTED TO BE EXPENDED BY THE UNITED STATES IN THE PREFINANCING OF
A PROJECT PRIOR TO THE DATE OF THE ASSUMPTION OF FINANCIAL
RESPONSIBILITY BY THE MOD. THE MOD WILL REIMBURSE THE UNITED STATES FOR
FUNDS SO EXPENDED, INCLUDING NAE, PAYABLE TO THE TREASURER OF THE UNITED
STATES, WITHIN 30 DAYS AFTER ITS RECEIPT OF THE U.S. REQUEST. THE U.S.
REQUEST WILL CONTAIN A GUARANTEE THAT SUMS PAID TO THE U.S. BY MOD FOR
PORTIONS OF PROJECTS THAT ARE SUBSEQUENTLY DISAPPROVED BY THE NATO BOARD
OF AUDITORS AS BEING INELIGIBLE FOR NATO COMMON FUNDING, WILL BE
REFUNDED TO MOD.
D. FEES FOR PROJECTS THAT ARE SUPERVISED AND EXECUTED BY MOD ON THE
BASIS OF A SERVICE FEE SCHEDULE, ARE TO BE NEGOTIATED. THE MOD WILL
SUPERVISE EXECUTION OF AUTHORIZED PROJECTS WITHIN PERCENTAGE FOR
NATIONAL ADMINISTRATIVE EXPENSES SET FORTH IN C-M(58) 116. WHERE
C-M(58) 116 DOES NOT PROVIDE FOR NAE, OR WHERE ALL OR PART OF THE
PROJECT IS NOT APPROVED BY NATO, THE FEES DUE TO EXPENSES WILL BE
SUBJECT TO CASE-BY-CASE AGREEMENT.
THE MOD WILL, TO THE EXTENT POSSIBLE, PROVIDE LAND AND LOCAL
UTILITIES THAT MAY BE REQUIRED FOR U.S. PREFINANCED INFRASTRUCTURE
PROJECTS. WHEN BUDGETARY RESTRICTIONS OR CONSTRAINTS PREVENT THE MOD
FROM ASSUMING ITS NORMAL OBLIGATIONS FOR NATO INFRASTRUCTURE PROJECTS AT
THE TIME OF PREFINANCING, THE U.S. MAY AGREE TO ADVANCE U.S. FUNDS FOR
THESE NORMAL HOST NATION COSTS ON THE CONDITION THAT THE MOD AGREES TO
REIMBURSE IT FOR SUCH COSTS, CONCURRENTLY WITH OTHER PREFINANCED COSTS,
UPON FINAL COMMITTEE AUTHORIZATION OF THE PREFINANCED PROJECTS IN
QUESTION. THESE COSTS, AS APPLICABLE, WILL BE SEPARATELY IDENTIFIED IN
THE RECOUPMENT REQUEST MENTIONED IN ARTICLE IV ABOVE.
A. WHEN A PROJECT IS COMPLETED, FINAL COMMITTEE AUTHORIZATION THEREOF
IS OBTAINED, AND BENEFICIAL OCCUPANCY SECURED, THE MOD WILL ADVISE THE
NATO INTERNATIONAL STAFF THROUGH THEIR DELEGATION TO NATO THAT THE
PROJECT IS READY FOR NATO JFAI AS SET FORTH IN NATO INFRASTRUCTURE
COMMITTEE DOCUMENT AC/4-D/2074 (REVISED). IN CASES IN WHICH PROJECT
COMPLETION PRECEDES COMMITTEE AUTHORIZATION, REQUEST FOR THE NATO JFAI
WILL BE INITIATED AT THE TIME OF COMMITTEE APPROVAL.
B. WHEN THE COMMITTEE HAS ACCEPTED THE PREFINANCED FACILITIES, THE
MOD WILL REQUEST AN AUDIT OF COST RECORDS BY THE NATO BOARD OF AUDITORS.
IF CONSTRUCTED DIRECTLY BY U.S. FORCES THE U.S. FORCES WILL MAINTAIN
ALL FISCAL RECORDS CONCERNED WITH THE EXECUTION OF THE PROJECT FOR
INSPECTION BY THE NATO BOARD OF AUDITORS UNTIL THE FINAL AUDIT REPORT
HAS BEEN COMPLETED. THE MOD WILL FURNISH THE U.S. COPIES OF ALL
CORRESPONDENCE, THE INTERIM FINDINGS OF THE NATO BOARD OF AUDITORS SO
THAT THE U.S. MAY HAVE WHATEVER EVIDENCE THEY MAY CONTAIN, FOR USE IN A
POSSIBLE U.S. NONCONCURRENCE IN AUDIT FINDINGS.
IN CASES IN WHICH RECOUPED AMOUNTS EXCEED AMOUNTS APPROVED BY THE
NATO BOARD OF AUDITORS, THE U.S. WILL REIMBURSE THE MOD IN A SUM WHICH
REPRESENTS THE DIFFERENCE BETWEEN THE AMOUNT RECOUPED UNDER PROCEDURES
IN ARTICLE IV ABOVE AND THE AMOUNT APPROVED BY THE BOARD OF AUDITORS
FINDINGS. IN CASES WHERE THE BOARD OF AUDITORS FINDINGS RECOMMEND
AMOUNTS IN EXCESS OF COMMITTEE AUTHORIZATION, THE MOD WILL SUBMIT A
REQUEST FOR ADDITIONAL FUNDS TO THE COMMITTEE FOR AUTHORIZATION.
THE PROCEDURES SET FORTH IN ARTICLE IV ABOVE WILL APPLY TO REQUESTS
FOR ADDITIONAL REIMBURSEMENT.
A. THESE ARRANGEMENTS SHALL COME INTO FORCE ON THE DATE OF SIGNATURE
AND SHALL CONTINUE IN FORCE UNTIL ONE YEAR AFTER THE RECEIPT BY EITHER
PARTY OF WRITTEN NOTICE OF THE INTENTION OF THE OTHER PARTY TO TERMINATE
THE AGREEMENT, IT BEING UNDERSTOOD THAT PROJECTS INITIATED UNDER THE
FORCE OF THESE ARRANGEMENTS, WILL CONTINUE TO BE IMPLEMENTED IN
ACCORDANCE WITH THE PROVISIONS THEREOF.
B. THE TWO PARTIES SHALL, UPON THE REQUEST OF EITHER OF THEM, CONSULT
REGARDING ANY MATTER THAT RELATED TO THE APPLICATION OF AMENDMENT OF
THIS AGREEMENT. IT MAY BE REVISED AT ANY TIME BY MUTUAL AGREEMENT UPON
THE REQUEST OF EITHER PARTY. DONE IN DUPLICATE, IN THE ENGLISH AND
NETHERLANDS LANGUAGES, BOTH BEING EQUALLY AUTHENTIC, THIS DAY OF ,19 AT
.
SIGNED
TITLE
SIGNED
TITLE
MALI 7 JAN 1975 FLITE DOCUMENT NO. 7900069
LETTER OF AGREEMENT EXECUTED 7 JANUARY 1975.
AGREEMENT EXTENDING TO 31 JUNE 1975 CREDIT AGREEMENT OF 7 JUNE 1972.
HIS EXCELLENCY KISSIMO DOUKARA
MINISTER OF DEFENSE, INTERIOR AND SECURITY
BAMAKO, MALI
DEAR MR. MINISTER:
RECENTLY YOUR GOVERNMENT REQUESTED (THROUGH THE U.S.AMBASSADOR,
BAMAKO, MALI) THE PURCHASE OF ADDITIONAL DEFENSE ITEMS UNDER THE CREDIT
AGREEMENT BETWEEN THE GOVERNMENT OF MALI AND THE GOVERNMENT OF THE
UNITED STATES WHICH WAS SIGNED ON 7 JUNE 1972.
IN ORDER TO PROVIDE SUFFICIENT TIME TO ALLOW YOUR GOVERNMENT TO
PROPERLY CONCLUDE THE ADDITIONAL TRANSACTIONS REQUESTED, WE ARE
AGREEABLE TO AN EXTENSION OF THE CREDIT AGREEMENT THROUGH 31 JUNE 1975,
AFTER WHICH DATE NO FURTHER ORDERS CAN BE MADE UNDER THAT AGREEMENT. WE
ARE ALSO AGREEABLE TO AMENDING THE LIST OF ITEMS FOR WHICH THE CREDITS
MAY BE UTILIZED TO INCLUDE LANGUAGE LABORATORY EQUIPMENT AND AIRCRAFT
SPARE PARTS.
KINDLY INDICATE THE AGREEMENT OF THE GOVERNMENT OF MALI BY SIGNING
BELOW IN THE SPACE PROVIDED AND RETURN THE SIGNED DUPLICATE COPY OF THIS
LETTER TO THE DIRECTOR, DEFENSE SECURITY ASSISTANCE AGENCY, THE
PENTAGON, WASHINGTON, D.C. 20301.
AGREED:
FOR THE GOVERNMENT OF MALI
BY (SIGNED)
MEXICO 25 JUL 1975 FLITE DOCUMENT NO. 7900068
MEMORANDUM OF MAPPING, CHARTING, AND GEODESY EXECUTED 25 JULY 1975.
THE PURPOSE OF THIS MEMORANDUM IS TO RECORD THE UNDERSTANDINGS AND
ARRANGEMENTS BETWEEN THE DEFENSE MAPPING AGENCY AND THE COMMISSION ON
STUDIES OF THE NATIONAL TERRITORY CONCERNING COOPERATION AND MUTUAL
ASSISTANCE IN MAPPING, CHARTING AND GEODESY, AS WELL AS THE EXCHANGE OF
MAPS, CHARTS, AND RELATED DATA.
THE PURPOSE OF THIS MEMORANDUM IS TO RECORD THE UNDERSTANDINGS AND
ARRANGEMENTS BETWEEN THE DEFENSE MAPPING AGENCY (DMA) AND THE COMMISSION
ON STUDIES OF THE NATIONAL TERRITORY (CETENAL), HEREINAFTER REFERRED TO
AS THE COOPERATING AGENCIES, CONCERNING COOPERATION AND MUTUAL
ASSISTANCE IN MAPPING, CHARTING AND GEODESY, AS WELL AS THE EXCHANGE OF
MAPS, CHARTS, AND RELATED DATA.
THE COOPERATING AGENCIES WILL:
A. EXCHANGE GEODETIC AND CARTOGRAPHIC INFORMATION NECESSARY TO CARRY
OUT THEIR RESPECTIVE OPERATIONS, AS WELL AS FOR THE PURPOSE OF PROMOTING
BETTER UNDERSTANDING BETWEEN THEIR NATIONS.
B. EXCHANGE DATA AND PRODUCTS WHICH RESULT FROM PROGRAMS WHICH EVOLVE
FROM THIS ARRANGEMENT.
C. EXCHANGE PERTINENT TECHNOLOGICAL DATA RELATING TO DEVELOPMENTS IN
METHODOLOGY AND EQUIPMENT WHICH WOULD BE OF INTEREST, E.G., SURVEY
TECHNIQUES, PHOTOGRAMMETRY, GEOCEIVER OPERATIONS, AND TRIANGULATION
TECHNIQUES.
1. IT IS UNDERSTOOD THAT ANY ACTION TAKEN BY EITHER OF THE
COOPERATING AGENCIES PURSUANT TO THIS MEMORANDUM WILL BE SUBJECT TO THE
AVAILABILITY TO THAT AGENCY OF PERSONNEL, EQUIPMENT, MATERIALS, AND
FUNDS FOR THE PURPOSE.
2. CETENAL WILL BE RESPONSIBLE FOR MATTERS RELATING TO POLICIES OF
THE SECRETARY OF THE PRESIDENCY OF THE UNITED STATES OF MEXICO AND OF
THE RESPONSIBILITIES IMPLIED. DMA WILL BE RESPONSIBLE FOR MATTERS OF
U.S. DEPARTMENT OF DEFENSE POLICY AND ITS RESPONSIBILITIES. THE
COOPERATING AGENCIES WILL JOINTLY CONSULT ON PROGRAMS TO BE ACCOMPLISHED
UNDER THIS ARRANGEMENT, DETERMINE HOW SUCH PROGRAMS ARE TO BE EXECUTED,
AND DETERMINE THE EXTENT OF INVOLVEMENT OF EACH.
3. WHENEVER REQUIRED BY PROGRAMS UNDER THIS ARRANGEMENT, EACH AGENCY
WILL COLABORATE IN ORDER TO MAKE AVAILABLE FOR THE PERSONNEL, EQUIPMENT
AND MATERIALS, THE ENTRANCE OR EXIT FROM THEIR NATIONAL-- TERRITORY.
4. EACH COOPERATING AGENCY MAY DESIGNATE AN EXECUTIVE AGENCY TO ACT
FOR IT IN CARRYING OUT ANY OF ITS OBLIGATIONS UNDER THIS ARRANGEMENT.
THIS ARRANGEMENT WILL GO INTO FORCE ON THE DATE WHEN IT IS SIGNED AND
WILL REMAIN IN FORCE AND EFFECT UNTIL 90 DAYS AFTER THE DATE ON WHICH
EITHER AGENCY ADVISES THE OTHER THAT IT WISHES TO TERMINATE IT.
FOR THE COMMISSION ON STUDIES OF THE NATIONAL TERRITORY OF MEXICO
SIGNED
ENG. JUAN B. PUIG
DIRECTOR
MEXICO CITY, JULY 25, 1975.
KOREA, REPUBLIC OF 22 SEP 1975 FLITE DOCUMENT NO. 7900067
ANNEX NO. N-75-K-4506 EXECUTED 22 SEPTEMBER 1975.
ANNEX TO THE MASTER DATA EXCHANGE AGREEMENT OF 15 AMY 1963, REGARDING
AIR-TO-AIR MISSILE SYSTEMS. ESTABLISHES A DATA EXCHANGE PROJECT
REGARDING EXPLORATORY TECHNOLOGY PERTAINING TO THE DEVELOPMENT OF
MISSILE SYSTEM ENGINEERING FOR AIR-TO-AIR MISSILES.
PURSUANT TO THE TERMS AND CONDITIONS OF THE AMSTER DATA EXCHANGE
AGREEMENT BETWEEN THE GOVERNMENT OF THE UNITED STATES AND THE GOVERNMENT
OF THE REPUBLIC OF KOREA SIGNED 15 MAY 1963, ATTACHED HERETO, THE TWO
GOVERNMENTS HEREBY ESTABLISH THE FOLLOWING DATA EXCHANGE PROJECT:
1. PROJECT DESCRIPTION AND CLASSIFICATION.
A. TITLE: AIR-TO-AIR MISSILE SYSTEMS
B. SCOPE: THIS PROJECT ENCOMPASSES THE EXCHANGE OF EXPLORATORY
TECHNOLOGY PERTAINING TO THE DEVELOPMENT OF MISSILE SYSTEM ENGINEERING
FOR AIR-TO-AIR MISSILES AND PERTAINING TO U.S. TECHNOLOGICAL ASSISTANCE
TO REPUBLIC OF KOREA EFFORTS DIRECTED AT MODIFICATION OF AIR-TO-AIR
MISSILES IN THE ROK INVENTORY. AREAS OF PARTICULAR INTEREST INCLUDE:
(1) SYSTEM ENGINEERING.
(2) GUIDANCE AND CONTROL SYSTEM DESIGN TECHNIQUES.
(3) PROPULSION PERFORMANCE DATA.
(4) STRUCTURE AND AERODYNAMIC ANALYSIS TECHNIQUES.
(5) SIMULATION TECHNOLOGY.
(6) FABRICATION AND IMPLEMENTATION TECHNOLOGY.
(7) TEST AND EVALUATION TECHNOLOGY.
THERE IS NOT IMPLIED HEREIN ANY COMMITMENT TO FURNISH MANUFACTURING
DATA OR TO TRANSFER ANY PRODUCTION PROPRIETARY OR PATENT RIGHTS INVOLVED
IN THIS INFORMATION EXCHANGE.
C. HIGHEST CLASSIFICATION OF INFORMATION TO BE EXCHANGED:
CONFIDENTIAL
2. ESTABLISHMENTS AND AUTHORITIES CONCERNED.
A. FOR THE UNITED STATES:
(1) ESTABLISHMENTS.
(A) OFFICE OF THE CHIEF OF NAVAL OPERATIONS
(OP-098F, OP-009D2, OP-982, OP-506)
NAVY DEPARTMENT
WASHINGTON, D.C. 20350
(B) COMMANDER
NAVAL AI; SYSTEMS COMMAND
DEPARTMENT OF THE NAVY
WASHINGTON, D.C. 20361
(C) COMMANDER
NAVAL WEAPONS CENTER (CODE 51)
CHINA LAKE, CALIFORNIA 93555
(D) COMMANDER IN CHIEF, PACIFIC
FPO SAN FRANCISCO, CALIFORNIA 96610
(E) CHIEF OF NAVAL RESEARCH
DEPARTMENT OF THE NAVY
ARLINGTON, VIRGINIA 22217
(F) COMMANDING OFFICER
OFFICE OF NAVAL RESEARCH BRANCH OFFICE
BOX 39, FPO NEW YORK 09510
(G) COMMANDER
PACIFIC MISSILE TEST CENTER
POINT MUGU, CALIFORNIA 93042
(H) ARMAMENT DEVELOPMENT & TEST CENTER (DLMI)
(TECHNICAL POINT OF CONTACT-- MR. PHILIP A. KRAJEK)
EGLIN AIR FORCE BASE, FLORIDA 32579
(2) AUTHORITIES.
(A) CHIEF, JUSMAG-KOREA
ATTN: ACOFS, DEVELOPMENT & ACQUISITION
APO SAN FRANCISCO, CALIFORNIA 96302
(B) PROJECT OFFICER:
COMMANDER
NAVAL AIR SYSTEMS COMMAND (AIR-5105A)
DEPARTMENT OF THE NAVY
WASHINGTON, D.C. 20361
B. FOR THE REPUBLIC OF KOREA:
(1) ESTABLISHMENTS.
(A) BUREAU OF DEFENSE INDUSTRY, MINISTRY OF NATIONAL DEFENSE SEOUL.
(B) AGENCY FOR DEFENSE DEVELOPMENT. SEOUL
(C) CHIEF OF RESEARCH AND DEVELOPMENT, HEADQUARTER, ROK AIR FORCE
SEOUL
(D) CHIEF OF ARMAMENT AND ELECTRONIC DIVISION. HEADQUARTER, ROK AIR
FORCE, SEOUL
(2) AUTHORITIES.
(A) ASSISTANT MINISTER FOR LOGISTICS AND INSTALLATIONS, MINISTRY OF
NATIONAL DEFENSE.
(B) PROJECT OFFICER: VICE PRESIDENT, AGENCY FOR DEFENSE DEVELOPMENT.
(C) OFFICE OF CHIEF OF STAFF REPUBLIC OF KOREA AIR FORCE.
NOTE: ONLY THOSE AUTHORITIES LISTED HEREIN ARE AUTHORIZED TO
INITIATE CORRESPONDENCE. SUCH CORRESPONDENCE WILL BE TRANSMITTED
THROUGH THE PROJECT OFFICER CHANNEL AS PRESCRIBED IN PARAGRAPH 3A OF THE
MASTER DATA EXCHANGE AGREEMENT.
IN WITNESS WHEREOF, THE PARTIES HERETO HAVE EXECUTED THIS ANNEX NO.
N-75-K-4506 TO THE MASTER DATA EXCHANGE AGREEMENT ON THIS 22ND DAY OF
SEPTEMBER 1975.
FOR THE GOVERNMENT OF THE REPUBLIC OF KOREA:
SIGNED
MAJOR GENERAL PAIK, SEOK-CHU
ASSISTANT MINISTER FOR LOGISTICS AND INSTALLATIONS
GERMANY, FEDERAL REPUBLIC OF 8 FEB 1971 FLITE DOCUMENT NO. 7900066
LETTER OF DECREE EXECUTED 8 FEBRUARY 1971.
LETTER OF DECREE REGARDING PURCHASE OF GOODS BY THE GERMAN CIVILIAN
PERSONNEL OF THE GERMAN FORCES AT A NATO HEADQUARTERS. REFERENCE
EXCHANGE OF CORRESPONDENCE 18 JANUARY/4 MARCH 1970, DECREE OF 6 APRIL
1970, DECREE OF 4 MAY 1970 AND DECREE OF 6 JULY 1970.
THE FEDERAL MINISTER OF FINANCE
III B/2-- Z 1760-- 1/71
TO THE
MAIN FINANCE DIRECTORATES
FOR INFORMATION ONLY:
MAIN FINANCE DIRECTORATE BERLIN
SUBJECT: ADMINISTRATIVE AGREEMENT PERTAINING TO THE SUPPLEMENTARY
AGREEMENT TO THE NATO HEADQUARTERS PROTOCOL, SPECIFICALLY: PURCHASES OF
GOODS BY THE GERMAN CIVILIAN PERSONNEL OF THE GERMAN FORCES AT A NATO
HEADQUARTERS
REFERENCES: A) PARA 2B) OF DECREE OF 6 APR 1970-- III B/2-- Z 1760--
9/7
B) DECREE OF 4 MAY 1970-- III B/2-- Z 1760-- 6/70
C) DECREE OF 6 JUL 1970-- III B/2-- Z 1760-- 17/70
I AGREE THAT ALSO THE NATIONAL CIVILIAN PERSONNEL OF THE GERMAN
BUNDESWEHR, AS LONG AS THEY ARE ASSIGNED OR ATTACHED TO A NATO
HEADQUARTERS, BE GRANTED THE SAME PRIVILEGES AS ARE ENJOYED BY THE
INTERNATIONAL CIVILIAN PERSONNEL OF GERMAN NATIONALITY ("GERMAN NATO
CIVILIANS") AT A NATO HEADQUARTERS (REFERENCE EXCHANGE OF CORRESPONDENCE
OF 18 JANUARY/4 MARCH 1970, "RE ARTICLE 5, PARAGRAPH 3 AND 4", FURNISHED
WITH REFERENCE A, ABOVE.
THE DECREE MENTIONED IN REFERENCE C, ABOVE, SHALL ALSO APPLY TO
DEPENDENTS OF THE PERSONNEL CONCERNED.
THE SENIOR GERMAN OFFICERS AT THE NATO HEADQUARTERS AND THE FEDERAL
MINISTRY OF DEFENSE HAVE BEEN FURNISHED INFORMATION COPIES OF THIS
DECREE.
THIS IS A TRUE TRANSLATION:
SIGNED
G. RADEWSKI
HQ, 42D MP GP (CUSTOMS)
APO 09403
GERMANY, FEDERAL REPUBLIC OF 28 JUN 1967 FLITE DOCUMENT NO. 7900065
LETTER OF DECREE EXECUTED 28 JUNE 19L7; EFFECTIVE 1 AUGUST 1967.
LETTER OF DECREE CONCERNING TRANSFER OF GOODS BY MEMBERS OF THE US
FORCES (PARA 8, SEC VII, FORCES CUSTOMS IMPLEMENTING INSTRUCTIONS).
THE FEDERAL MINISTER OF FINANCE
III B/2-- Z 1757-- 6/67
TO THE
MAIN FINANCE DIRECTORATES
FOR INFORMATION ONLY:
TO THE MAIN FINANCE DIRECTORATE BERLIN
SUBJECT: TRANSFER OF GOODS BY MEMBERS OF THE US FORCES (PARA 8, SEC
VII, FORCES CUSTOMS IMPLEMENTING INSTRUCTIONS)
MEMBERS OF THE US FORCES STATIONED IN THE FEDERAL TERRITORY OFTEN
SELL GOODS, ESPECIALLY THEIR FOREIGN-MADE MOTOR VEHICLES, TO OTHER
PERSONS WITHOUT PRESENTING AT THE COMPETENT GERMAN CUSTOMS OFFICE THEIR
APPLICATION FOR PERMIT TO TRANSFER AFTER IT HAS BEEN RECOMMENDED FOR
APPROVAL BY THE RESPONSIBLE US AGENCY. AS A CONSEQUENCE, THERE HAVE
BEEN NUMEROUS CASES WHERE GOODS, ESPECIALLY FOREIGN-MADE MOTOR VEHICLES,
HAVE BEEN DIVERTED ONTO THE GERMAN ECONOMY WITHOUT ANY IMPORT DUTIES
BEING LEVIED.
IN AGREEMENT WITH HEADQUARTERS, 42D MILITARY POLICE DETACHMENT
(CUSTOMS), APO 09403, HEIDELBERG, THE FOLLOWING PROCEDURE HAS BEEN
ESTABLISHED IN ORDER TO SECURE THE NECESSARY CUSTOMS CLEARANCE OF GOODS
SOLD BY MEMBERS OF THE US FORCES (REFERENCE PARA 8, SEC VII, FORCES
CUSTOMS IMPLEMENTING INSTRUCTIONS):
THE APPLICATIONS FOR PERMITS TO TRANSFER MADE OUT IN THE PROPER
FORMAT WILL BE RECOMMENDED FOR APPROVAL IN FIVE COPIES BY THE AUTHORIZED
OFFICIALS OF THE 42D MP DETACHMENT (CUSTOMS). FOUR COPIES WILL BE
RETURNED TO THE MEMBER OF THE FORCES CONCERNED. ONE COPY WILL BE
RETAINED BY THE US OFFICE. THE MEMBER OF THE FORCES CONCERNED WILL
SUBMIT THE COPIES HE RECEIVED TO THE CUSTOMS OFFICE FOR CUSTOMS
CLEARANCE. THE CUSTOMS OFFICE WILL CONFIRM THE CUSTOMS CLEARANCE ON ALL
FOUR COPIES (IN SECTION III OF THE FORM). ONE EACH COPY WILL THEN BE
GIVEN TO THE MEMBER OF THE FORCES CONCERNED AS WELL AS TO THE PURCHASER
(IN CASE OF A VEHICLE BEING TRANSFERRED, TO BE PRESENTED AT THE GERMAN
VEHICLE REGISTRATION OFFICE FOR REGISTRATION UNDER THE GERMAN LICENSING
SYSTEM, IF APPLICABLE). THE PROCESSING CUSTOMS OFFICE WILL RETURN ONE
COPY TO THE US AGENCY MENTIONED IN PARAGRAPH 2, ABOVE (FOR COMPARISON
WITH THE FIFTH COPY KEPT IN THE FILES OF THAT OFFICE). IF CONSIDERED
PRACTICABLE, ALL COPIES OF PERMITS TO TRANSFER SUBMITTED WITHIN ONE
MONTH MAY BE FORWARDED SO AS TO ARRIVE BY THE FIFTH DAY OF THE FOLLOWING
MONTH. IF THE FOLLOW-UP COPY IS NOT RECEIVED BY THE US AGENCY WITHIN 2
MONTHS FROM THE DATE ON WHICH THE DOCUMENT WAS ORIGINALLY RECOMMENDED
FOR APPROVAL, THAT OFFICE WILL NOTIFY THE CUSTOMS INVESTIGATIONS OFFICE
LOCATED NEAREST TO THE PURCHASER/AGENT CONCERNED. THE OTHER COPY WILL
BE USED BY THE PROCESSING CUSTOMS OFFICE FOR THE "ENTNAHMEANMELDUNG"
(APPLICATION TO TRANSFER DUTIABLE ITEMS TO THE GERMAN MARKET).
THE EFFECTIVE DATE OF THE ABOVE PROCEDURE WILL BE 1 AUGUST 1967.
ATTACHED HERETO ARE ADDITIONAL COPIES FOR THE INFORMATION OF THE
CUSTOMS OFFICES.
THIS IS A TRUE TRANSLATION:
SIGNED
HQ, 42D MP DET (CUSTOMS)
APO 09403
GERMANY, FEDERAL REPUBLIC OF 25 APR 1968 FLITE DOCUMENT NO. 7900064
EXCHANGE OF NOTES EXECUTED 18 APRIL AND 25 APRIL 1968.
EXCHANGE OF NOTES REGARDING CUSTOMS TREATMENT OF GOODS ACQUIRED IN US
SHOPPING FACILITIES BY DEPENDENTS OF MEMBERS OF THE US FORCES WHO HAVE
BEEN TRANSFERRED FROM THE FEDERAL REPUBLIC OF GERMANY. AGREEMENT
BECOMES EFFECTIVE 1 MAY 1968. ATTACHED IS A LETTER OF DECREE DATED 29
APRIL 1968 NOTIFYING GERMAN AUTHORITIES OF AGREEMENT REGARDING CUSTOMS
TREATMENT OF GOODS.
THE FEDERAL MINISTER OF FINANCE
III B/2-- Z 1757-- 13/68
BRIGADIER GENERAL LEWIS F. SHULL
DEPARTMENT OF THE ARMY
HEADQUARTERS, UNITED STATES ARMY, EUROPE
OFFICE OF THE JUDGE ADVOCATE
APO 09403
SUBJECT: CUSTOMS TREATMENT OF GOODS ACQUIRED IN US SHOPPING
FACILITIES BY DEPENDENTS OF MEMBERS OF THE US FORCES WHO HAVE BEEN
TRANSFERRED FROM THE FEDERAL REPUBLIC OF GERMANY
2 INCLOSURES
DEAR GENERAL:
THANK YOU FOR YOUR LETTER DATED 14 MARCH 1968, AEAJA-MALA, BY WHICH
YOU SENT ME A REVISED VERSION OF THE DRAFT DECREE AND A PROPOSAL
REGARDING THE CERTIFICATE TO BE ISSUED FOR DEPENDENTS STAYING IN THE
FEDERAL REPUBLIC.
BASED ON THE RESULT OF THE MEETING HELD ON 15 FEBRUARY 1968 AND THE
STATEMENTS IN YOUR LETTER DATED 14 MARCH 1968, I REVIEWED THE DRAFT
DECREE. ENCLOSED PLEASE FIND A COPY OF THE REVISED DRAFT.
I ADDED THE CORRESPONDING GERMAN TEXT INTO THE PROPOSED ENGLISH
VERSION OF THE CERTIFICATE AND ATTACH A PHOTOSTAT THEREOF.
IF I DO NOT RECEIVE AN ANSWER TO THE CONTRARY BY 1 MAY 1968, I ASSUME
THAT YOU AGREE WITH THE PRESENT WORDING OF THE DRAFT. THE DECREE AND
THE INCLOSURE WILL THEN BE ISSUED RIGHT AWAY FOR THE GERMAN CUSTOMS
AUTHORITIES AND A COPY WILL BE FORWARDED TO YOU.
KINDLY ACCEPT, DEAR GENERAL, THE EXPRESSION OF MY HIGHEST ESTEEM.
AEAJA-MALA
MINISTERIALDIRIGENT SCHAEDEL
FEDERAL MINISTRY OF FINANCE
III B/2
53 BONN
RHEINDORFER STRASSE 108
DEAR MR. SCHAEDEL:
YOUR LETTER OF 18 APRIL 1968 ON THE SUBJECT OF CUSTOMS TREATMENT OF
GOODS PURCHASED IN US FORCES' SALES FACILITIES BY UNACCOMPANIED
DEPENDENTS HAS BEEN RECEIVED. WE APPRECIATE THE CONSIDERATION YOU HAVE
GIVEN OUR SUGGESTIONS REGARDING THE MANNER IN WHICH THESE DEPENDENTS
SHOULD BE TREATED.
THE DRAFT DECREE YOU FURNISHED WITH YOUR LETTER HAS BEEN EXAMINED AND
IS CONSIDERED TO BE IN ACCORD WITH PREVIOUS CORRESPONDENCE AND
DISCUSSIONS ON THIS SUBJECT. IT IS A GREAT PERSONAL PLEASURE,
THEREFORE, FOR ME TO FURNISH YOU WITH OUR AGREEMENT AND TO REQUEST THAT
YOU ISSUE THE DECREE SO THAT IT MAY REACH GERMAN CUSTOMS AUTHORITIES BY
1 MAY. THIS HEADQUARTERS WILL, IN TURN, ISSUE IMPLEMENTING INSTRUCTIONS
TO ALL MILITARY AUTHORITIES WHO WILL BE CONCERNED WITH PROCESSING AND
CERTIFYING THESE DEPENDENTS. IN THIS WAY WE WILL BE ABLE TO ANNOUNCE 1
MAY AS THE DATE THE NEW PROCEDURE WILL GO INTO EFFECT.
AS MENTIONED IN MY LETTER OF 14 MARCH, THE NEW ARRANGEMENT WILL
UNDOUBTEDLY BE MOST SATISFACTORY. HOWEVER, IT IS HOPED THAT IN THE NEAR
FUTURE FURTHER DISCUSSIONS MAY LEAD TO MORE FAVORABLE TREATMENT OF THESE
DEPENDENTS.
A CERTIFIED TRUE COPY:
SIGNED
FRANK COHN
COL, MPC
CUSTOMS LIAISON OFFICER
THE FEDERAL MINISTER OF FINANCE
III B/2-- E 1757-- 19/69II
BRIGADIER GENERAL LEWIS F. SHULL
DEPARTMENT OF THE ARMY
HEADQUARTERS, UNITED STATES ARMY, EUROPE
OFFICE OF THE JUDGE ADVOCATE
APO 09403
SUBJECT: CUSTOMS TREATMENT OF GOODS ACQUIRED IN US SHOPPING
FACILITIES BY DEPENDENTS OF MEMBERS OF THE US FORCES WHO HAVE BEEN
TRANSFERRED FROM THE FEDERAL REPUBLIC OF GERMANY
INCL: -3-
DEAR GENERAL,
I THANK YOU FOR YOUR LETTER DATED 25 APRIL 1968-- AEAJA-MALA, IN
WHICH YOU COMMUNICATED YOUR CONSENT TO THE PROPOSED SETTLEMENT.
I HAVE THE HONOR TO SUBMIT TO YOU A COPY OF MY DECREE DATED 29 APRIL
1968 III B/2-- Z 1757-- 19/68 (IN TRIPLICATE) BY WHICH THE GERMAN
CUSTOMS AUTHORITIES HAVE BEEN INFORMED ABOUT THE SETTLEMENT AGREED UPON.
COPIES HAVE ALSO BEEN FORWARDED TO COLONEL G. A. BAHRICH, CINCUSAREUR
LIAISON OFFICER, AMERICAN EMBASSY BAD GODESBERG AND LT COLONEL J. D.
TYNAN, 42D MP (CUSTOMS), HEIDELBERG.
WITH THE EXPRESSION OF MY HIGHEST ESTEEM.
A CERTIFIED TRUE COPY:
SIGNED
FRANK COHN
COL, MPC
CUSTOMS LIAISON OFFICER
THE FEDERAL MINISTER OF FINANCE
III B/2-- Z 1757-- 19/68
TO THE
MAIN FINANCE DIRECTORATES
SUBJECT: CUSTOMS TREATMENT OF GOODS PURCHASED IN THE US SALES
FACILITIES BY DEPENDENTS OF MEMBERS OF THE US FORCES UPON THEIR TRANSFER
FROM THE FEDERAL TERRITORY
INCL: -- 1--
MEMBERS OF THE US FORCES STATIONED IN THE FEDERAL TERRITORY ARE BEING
TRANSFERRED TO, AMONG OTHERS, SUCH AREAS OUTSIDE THE FEDERAL TERRITORY
WHICH ARE RESTRICTED FOR THEIR DEPENDENTS. IN MANY CASES, THE
DEPENDENTS STAY IN THE FEDERAL TERRITORY DURING THIS PERIOD OF TIME.
DURING A PERIOD OF 90 DAYS FOLLOWING THE TRANSFER OF THEIR SPONSOR, THEY
CONTINUE TO BE CONSIDERED AS DEPENDENTS OF A MEMBER OF THE FOREIGN
FORCES (PARA 1C, ART I, NATO SOFA, AND PARAGRAPHS 2A AND B, ART 2,
SUPPLEMENTARY AGREEMENT). THEREAFTER, THESE DEPENDENTS ARE NO LONGER
AUTHORIZED THE TAX PRIVILEGES AS PROVIDED FOR UNDER THE PROVISIONS OF
THE FORCES CUSTOMS LAW.
I HAVE REACHED AN AGREEMENT WITH THE COMPETENT AUTHORITIES OF THE US
FORCES TO THE EFFECT THAT THE DEPENDENTS REMAINING IN THE FEDERAL
TERRITORY WILL BE AUTHORIZED, BEYOND THE 90 DAYS PERIOD, TO PURCHASE
NON-RATIONED GOODS IN THE US FORCES SALES FACILITIES, AGAINST PAYMENT OF
THE IMPORT DUTIES. THE RESPECTIVE PERMISSION (CERTIFICATE) WILL BE
ISSUED BY THE COMPETENT AUTHORITIES OF THE US FORCES IN ACCORDANCE WITH
THE ATTACHED SAMPLE CERTIFICATE. THE CERTIFICATE IS VALID FOR NO LONGER
THAN ONE YEAR, HOWEVER, IT MAY BE EXTENDED, IF NECESSARY.
AS TO THE CUSTOMS TREATMENT OF THE GOODS, SECTION II OF MY DECREE OF
16 APRIL 1964, III B/2-- Z 1757-- 5/64 (CUSTOMS TREATMENT OF GOODS
PURCHASED BY "RETIRED PERSONS"), IN ITS CURRENT VERSION AT ANY GIVEN
TIME. WILL APPLY CORRESPONDINGLY. IN LIEU OF THE "STATUS CERTIFICATE"
(SECTION I OF AFOREMENTIONED DECREE) THE CERTIFICATE MENTIONED ABOVE IS
TO BE SUBMITTED.
REQUEST SUBMISSION OF A REPORT ON EXPERIENCES MADE BY 1 OCTOBER 1969.
ADDITIONAL COPIES ARE ATTACHED FOR THE INFORMATION OF THE CUSTOMS
AUTHORITIES.
THIS IS A TRUE TRANSLATION:
SIGNED
G. RADEWSKI
HQ, 42D MP GP (CUSTOMS)
APO 09403
THE FEDERAL MINISTER OF FINANCE
III B/2-- Z 1757-- 19/68
TO
OBERFINANZDIREKTIONEN
SUBJECT: CUSTOMS TREATMENT OF GOODS ACQUIRED IN US SHOPPING
FACILITIES BY DEPENDENTS OF MEMBERS OF THE US FORCES WHO HAVE BEEN
TRANSFERRED FROM THE FEDERAL REPUBLIC OF GERMANY
INCL: -1-
MEMBERS OF THE US FORCES STATIONED IN THE FEDERAL REPUBLIC MAY BE
TRANSFERRED TO TERRITORIES OUTSIDE THE FEDERAL REPUBLIC WHICH ARE
RESTRICTED AREAS FOR THEIR DEPENDENTS. THE DEPENDENTS OF SUCH MEMBERS
WILL OFTEN STAY IN THE FEDERAL REPUBLIC DURING THIS TIME. THEY SHALL BE
FURTHER CONSIDERED TO BE DEPENDENTS OF A MEMBER OF THE FOREIGN FORCES
(ART, II, PARA 1, LETTER C OF THE NATO STATUS OF FORCES AGREEMENT AND
ART, 2, PARA 2, LETTER A AND B OF THE SUPPLEMENTARY AGREEMENT) FOR A
PERIOD OF 90 DAYS AFTER THE TRANSFER OF THE PERSON OBLIGATED TO PROVIDE
SUPPORT. ACCORDING TO THE PROVISIONS, THESE DEPENDENTS ARE NO LONGER
ENTITLED TO EXEMPTION FROM DUTIES PROVIDED FOR IN THE CUSTOMS
REGULATIONS OF THE FORCE.
I HAVE COME TO AN AGREEMENT WITH THE COMPETENT US AUTHORITIES, NAMELY
THAT DEPENDENTS STAYING IN THE FEDERAL REPUBLIC SHALL BE PERMITTED TO
ACQUIRE NON-RATIONED GOODS IN US FORCES SHOPPING CENTERS BY PAYING
IMPORT-DUTY AFTER THE 90-DAY PERIOD. THE PERMISSION (CERTIFICATE) WILL
BE DEEMED BY THE AUTHORIZED US AUTHORITIES IN ACCORDANCE WITH THE
ENCLOSED SAMPLE. IT SHALL BE VALID FOR AT LEAST ONE YEAR, HOWEVER, MAY
BE RENEWED IF NEEDED.
PARA II OF MY DECREE DATED 16 APRIL 1964 III B/2-- Z 1757-5/64
(CUSTOMS TREATMENT OF GOODS ACQUIRED BY "RETIRED PERSONS") APPLIES TO
THE CUSTOMS TREATMENT OF GOODS IN ITS CURRENT VERSION. THE
AFOREMENTIONED PAPER SHALL BE PRESENTED IN LIEU OF THE "STATUS
CERTIFICATE" (PARA I, LOC.CIT.)
I REQUEST YOU TO REPORT BY 1 OCTOBER 1969 ABOUT THE EXPERIENCES.
COPIES FOR THE INSTRUCTION OF CUSTOMS AUTHORITIES ARE ENCLOSED.
SEAL OF THE FEDERAL MINISTER OF FINANCE
GERMANY, FEDERAL REPUBLIC OF 19 DEC 1968 FLITE DOCUMENT NO. 7900063
EXCHANGE OF NOTES/ADMINISTRATIVE AGREEMENT EXECUTED 25 SEPTEMBER
(THIS NOTE MISSING) AND 19 DECEMBER 1968; EFFECTIVE 19 DECEMBER 1968.
AGREEMENT REGARDING THE PROCEEDING FOR THE ASSESSMENT OF
COMPENSATIONS WITHIN THE MEANING OF THE FEDERAL REQUISITIONS LAW IN CASE
OF REQUESTS FOR THE REQUISITIONING OF GOODS, SERVICES AND FACILITIES FOR
THE UNITED STATES. SUPERSEDES REGULATION PUBLISHED WITH THE CIRCULAR
DECREE OF 7 AUGUST 1957. AGREEMENT PURSUANT TO ARTICLE 62,
SUPPLEMENTARY AGREEMENT TO THE NATO STATUS OF FORCES AGREEMENT.
PURSUANT TO PARAGRAPH A(B) OF ARTICLE 62 OF THE SUPPLEMENTARY
AGREEMENT TO THE NATO STATUS OF FORCES AGREEMENT CONCERNING THE
SAFEGUARDING OF THE INTERESTS OF THE US FORCES AND THE CIVILIAN
COMPONENT IN PROCEEDINGS FOR THE ASSESSMENT OF COMPENSATION FOR THE USE
OF GOODS, SERVICES, AND FACILITIES PURSUANT TO SECTIONS 20 TO 22, 24,
AND 76 OF THE FEDERAL REQUISITIONS LAW
1. INSOFAR AS THE UNITED STATES, AS RECIPIENT OF GOODS, SERVICES,
AND FACILITIES (EMPFACNGER VON LEISTUNGEN) WHICH HAVE BEEN REQUESTED ON
THE BASIS OF THE FEDERAL REQUISITIONS LAW (BLG) FOR ITS FORCE AND
CIVILIAN COMPONENT (HEREINAFTER CALLED "FORCE") PARTICIPATES IN THE
PROCEEDINGS FOR THE ASSESSMENT OF A COMPENSATION UNDER THAT LAW, ITS
INTERESTS WILL BE SAFEGUARDED ACCORDING TO PARAGRAPH 1(B) OF ARTICLE 62,
SUPPLEMENTARY AGREEMENT TO THE NATO STATUS OF FORCES AGREEMENT, BY THE
REPRESENTATIVES OF THE FINANCE INTEREST, APPOINTED BY THE FEDERAL
MINISTER OF FINANCE PURSUANT TO SECTION 56, FEDERAL REQUISITIONS LAW,
WHO REPRESENT THE UNITED STATES IN THE COMPENSATION PROCEEDINGS. THE
REPRESENTATIVE OF THE FINANCE INTEREST WILL BRING ABOUT CONSULTATION
WITH THE COMPETENT AGENCY OF THE FORCE AND, EXCEPT WHERE THE COMPETENT
AGENCY OF THE FORCE HAS WAIVED ITS INTERESTS TO PARTICIPATE, WILL HAVE
THE AGENCY OF THE FORCE PARTICIPATE IN THE COMPENSATION PROCEEDINGS IN
ACCORDANCE WITH THE FOLLOWING NOS. 2-5.
2. THE REPRESENTATIVE OF THE FINANCE INTEREST WILL SUBMIT TO THE
APPROPRIATE AGENCY OF THE FORCE THE PROPOSAL FOR AN AMICABLE AGREEMENT
FORWARDED TO HIM BY THE REQUISITION AUTHORITY PURSUANT TO PARAGRAPH 1 OF
SECTION 51 OR PARAGRAPH 3 OF SECTION 81 OF THE FEDERAL REQUISITIONS LAW.
IN THE EVENT THE COMPETENT AGENCY OF THE FORCE AGREES TO THE PROPOSAL,
THE REPRESENTATIVE OF THE FINANCE INTEREST IS AUTHORIZED TO CONCLUDE AN
AGREEMENT ON THE AMOUNT OF COMPENSATION IN THE PROPOSAL, WITH THE PARTY
ENTITLED TO RECEIVE COMPENSATION.
IN CASE THE APPROPRIATE AGENCY OF THE FORCE DOES NOT AGREE TO THE
PROPOSAL, IT WILL INFORM THE REPRESENTATIVE OF THE FINANCE INTEREST
ACCORDINGLY. AT THE SAME TIME, IT WILL INFORM THE REPRESENTATIVE OF THE
FINANCE INTEREST AS TO WHETHER AND IN WHAT AMOUNT IT CONSIDERS
COMPENSATION JUSTIFIED. IN THAT CASE THE REPRESENTATIVE OF THE FINANCE
INTEREST WILL ATTEMPT TO CONCLUDE AN AGREEMENT IN ACCORDANCE WITH THE
POSITION OF THE FORCE.
3. IN THE EVENT AGREEMENT CANNOT BE REACHED, THE REQUISITION
AUTHORITY WILL INFORM THE REPRESENTATIVE OF THE FINANCE INTEREST OF THE
INTENDED DECISION AND GIVE HIM AN OPPORTUNITY FOR COMMENT. THE
REPRESENTATIVE OF THE FINANCE INTEREST WILL INFORM THE APPROPRIATE
AGENCY OF THE FORCE, STATING HIS OPINION WHERE APPROPRIATE. IF THE
APPROPRIATE AGENCY OF THE FORCE INTENDS TO STATE ITS POSITION, IT WILL
FORWARD SUCH STATEMENT TO THE REPRESENTATIVE OF THE FINANCE INTEREST AS
EXPEDITIOUSLY AS POSSIBLE. THE DECISION RENDERED IN THE PROCEEDINGS
WILL BE SERVED UPON THE REPRESENTATIVE OF THE FINANCE INTEREST.
4. THE REPRESENTATIVE OF THE FINANCE INTEREST WILL FORWARD THE
DECISION SERVED ON HIM TO THE APPROPRIATE AGENCY OF THE FORCE WITHOUT
DELAY, STATING HIS OPINION WHERE APPROPRIATE. IN CASE THE AGENCY OF THE
FORCE DEEMS IT NECESSARY THAT AN ADMINISTRATIVE APPEAL IS TAKEN AGAINST
THE DECISION (SECTION 57 OF THE FEDERAL REQUISITIONS LAW), IT WILL
INFORM THE REPRESENTATIVE OF THE FINANCE INTEREST IN SUCH TIME THAT HE
CAN TAKE THE APPEAL WITHIN THE PRESCRIBED PERIOD OF TWO WEEKS. THE
DECISION OF THE FORCE THAT AN APPEAL SHALL BE TAKEN IS BINDING UPON THE
REPRESENTATIVE OF THE FINANCE INTEREST. HE SHALL BASE HIS BRIEF ON
APPEAL UPON THE VIEWS TAKEN BY THE APPROPRIATE AGENCY OF THE FORCE.
5. THE DECISION ON APPEAL SHALL BE SERVED UPON THE REPRESENTATIVE OF
THE FINANCE INTEREST, WHO IN TURN WILL IMMEDIATELY FORWARD IT TO THE
APPROPRIATE AGENCY OF THE FORCE. IF THE APPEAL HAS BEEN DISALLOWED OR
NOT ALLOWED IN FULL, THE APPROPRIATE AGENCY OF THE FORCE WILL INFORM THE
REPRESENTATIVE OF THE FINANCE INTEREST WHETHER IT DESIRES THAT AN ACTION
BE BROUGHT FOR A MODIFICATION OF THE COMPENSATION ASSESSMENT (PARAGRAPH
3, SECTION 58 OF THE FEDERAL REQUISITIONS LAW). THE FORCE WILL INFORM
THE REPRESENTATIVE OF THE FINANCE INTEREST IN SUCH TIME REGARDING ITS
DECISION SO THAT THE ACTION MAY BE BROUGHT WITHIN THE PRESCRIBED PERIOD
OF TWO MONTHS.
6. LAWSUITS (SECTIONS 58 THROUGH, 60, FEDERAL REQUISITIONS LAW) WILL
BE CONDUCTED BY THE REPRESENTATIVE OF THE FINANCE INTEREST IN THE NAME
OF THE FEDERAL REPUBLIC ACTING AS NOMINAL PARTY FOR THE UNITED STATES.
THE CONDUCT OF THE LITIGATION (INCLUDING THE BRINGING OF THE ACTION)
SHALL BE IN ACCORDANCE WITH THE PROVISIONS OF THE GERMAN-AMERICAN
ADMINISTRATIVE AGREEMENT PURSUANT TO ARTICLE 44 OF THE SUPPLEMENTARY
AGREEMENT TO THE NATO STATUS OF FORCES AGREEMENT CONCERNING THE
COOPERATION BETWEEN THE GERMAN AUTHORITIES WITH THE AUTHORITIES OF THE
US FORCE AND THE CIVILIAN COMPONENT IN THE SETTLEMENT OF DISPUTES OF
JANUARY 30/APRIL 17, 1967.
MINISTERIALRAT JERRENTRUP
FEDERAL MINISTRY OF FINANCE
RHEINDORFER STRASSE 108
53-- BONN/RH.
DEAR MR. JERRENTRUP:
WITH REFERENCE TO YOUR LETTER OF SEPTEMBER 25, 1968 (VI B/1 VV 7120--
121/68) AND PREVIOUS COMMUNICATIONS CONCERNING THE CONCLUSION OF AN
ADMINISTRATIVE AGREEMENT PURSUANT TO PARAGRAPH 1(B) OF ARTICLE 62.
SUPPLEMENTARY AGREEMENT TO THE NATO STATUS OF FORCES AGREEMENT, I HAVE
THE HONOR TO INFORM YOU THAT HEADQUARTERS USAREUR HAS CONCURRED IN THE
VIEWS OF THE FEDERAL MINISTRY OF FINANCE AS PRESENTED IN YOUR REFERENCED
LETTER.
IN ACCORDANCE WITH THE PROPOSAL MADE IN THE LAST PARAGRAPH OF YOUR
LETTER OF JUNE 4, 1968 (VI B/1-- VV 7120-- 63/68), THE DATE OF THIS
LETTER OF CONFIRMATION CONSTITUTES THE DATE ON WHICH THE SUBJECT
ADMINISTRATIVE AGREEMENT BECOMES EFFECTIVE. TWO COPIES OF THE ENGLISH
TEXT OF THE AGREEMENT ARE ENCLOSED FOR THE RECORDS OF YOUR MINISTRY.
ENCLOSURES:
ENGL. TEXT OF ADMINISTRATIVE AGREEMENT (IN DUPLICATE)
CC: POLAD
USAREUR LNO
USAFB LNO
USAREUR:JA-- GEN SHULL
POL:GGGRIMMIRA 12-19-68
TRANSLATION
THE FEDERAL MINISTER OF FINANCE
VI B/1-- VV 7121-- 102/69
TO:
THE OBERFINANZDIREKTIONEN
-- BERLIN EXCLUDED--
INFO TO:
1. THE FEDERAL AUDIT COURT
FRANKFURT/MAIN
2. THE FINANCE MINISTERS AND FINANCE SENATORS OF THE LAENDER
-- BERLIN AND SAARLAND EXCLUDED--
3. THE MINISTER OF INTERIOR OF THE SAARLAND, REF. B/6
SAARBRUCKEN
SUBJECT: MY CIRCULAR DECREE OF AUGUST 7, 1957
-- VI B/1-- BL 1118C/0 4250-80/57--
ENCLS.: -- 1--
BY AN EXCHANGE OF LETTERS WITH THE AMERICAN EMBASSY, THE
ADMINISTRATIVE AGREEMENT PURSUANT TO PARAGRAPH 1(B) OF ARTICLE 62,
SUPPLEMENTARY AGREEMENT TO THE NATO STATUS OF FORCES AGREEMENT, AS
ATTACHED, WAS CONCLUDED EFFECTIVE DECEMBER 19, 1968.
THE FOLLOWING REMARKS ARE MADE WITH RESPECT TO THAT AGREEMENT:
1. THE AGREEMENT CONCERNS ONLY THE PROCEEDING FOR THE ASSESSMENT OF
COMPENSATIONS WITHIN THE MEANING OF THE FEDERAL REQUISITIONS LAW (BLG)
IN CASE OF REQUESTS FOR THE REQUISITIONING OF GOODS, SERVICES AND
FACILITIES (HEREINAFTER REFERRED TO AS SERVICES) FOR THE UNITED STATES
(WITH REGARD TO THE DEFINITION OF THE TERM "COMPENSATION" CF. SECTIONS
20-22, 24 AND 76 BLG AS WELL AS PARAGRAPH 1, SECTION 60, BLG). IT
SUPERSEDES THE REGULATION PUBLISHED WITH THE REFERENCED DECREE OF AUGUST
7, 1957.
IF DAMAGES ARE CAUSED IN CONNECTION WITH REQUESTS FOR REQUISITIONING
OF SERVICES UNDER THE BLG, THE ATTACHED AGREEMENT IS NOT APPLICABLE WITH
RESPECT TO INDEMNIFICATION FOR SUCH DAMAGE. (WITH REGARD TO THE
DEFINITION OF THIS TERM CF. SECTIONS 26, 28 AND 77 BLG AS WELL AS
PARAGRAPH 2, SECTION 60, BLG). IN THIS RESPECT, THE PERTINENT
PROVISIONS OF THE GERMAN-AMERICAN ADMINISTRATIVE AGREEMENT PURSUANT TO
PARAGRAPH 13 OF ARTICLE 41, SA, ARE APPLICABLE.
2. SINCE PURSUANT TO PARAGRAPH 1, SECTION 3, BLG SERVICES MAY ONLY
BE REQUISITIONED IF THE NEED CANNOT BE MET BY OTHER MEANS, OR CANNOT BE
COVERED IN TIME OR ONLY AT A DISPROPORTIONATE EXPENSE, AT THE PRESENT
TIME THE ADMINISTRATIVE AGREEMENT WILL ONLY BE RARELY APPLIED. HOWEVER,
IN A TIME OF TENSION OR IN A CASE OF DEFENSE A CONSIDERABLE NUMBER OF
REQUESTS FOR REQUISITIONING OF SERVICES HAS TO BE ANTICIPATED,
PARTICULARLY IN THE FIELD OF ACCOMMODATION. FOR THE LATTER CATEGORY A
SPECIAL DECREE IS PLANNED.
3. UPON APPLICATION OF THE AGENCY REQUIRING THE SERVICES (REQUIRING
AGENCY), THE SERVICES WILL BE REQUISITIONED BY THE REQUISITIONING
AUTHORITIES IN FAVOR OF THE US FORCES AS RECEIVER OF THE SERVICES BY A
REQUISITION ORDINANCE (SECTION 7, BLG). THE REPRESENTATIVE OF THE
FINANCE INTEREST IS NOT YET INVOLVED IN THIS CONNECTION; HE REPRESENTS
THE UNITED STATES ON THE BASIS OF THE PROVISIONS OF THE ADMINISTRATIVE
AGREEMENT ONLY IN THE UNITED STATES' CAPACITY AS RECEIVER OF THE
SERVICES WHO IS OBLIGATED TO PAY WITHIN THE MEANING OF PARAGRAPH 1,
SECTION 8 BLG.
THE QUESTION AS TO WHO IS A REQUISITIONING AUTHORITY WITHIN THE
MEANING OF SECTION 5 BLG AND WHO IS A REQUIRING AGENCY WITHIN THE
MEANING OF SECTION 7 BLG IS ANSWERED BY THE PROVISIONS OF THE ORDINANCE
CONCERNING REQUISITIONING AUTHORITIES AND REQUIRING AGENCIES OF OCTOBER
1, 1961 (FEDERAL LAW GAZETTE I, P.1786). THE AUTHORITIES WHICH WILL ACT
FOR THE FEDERAL REPUBLIC AS REQUIRING AGENCY IN THE CASES OF NO. 1,
SECTION 6 AND NO. 1, SECTION 7 OF THAT ORDINANCE ARE DEFINED IN THE
CIRCULAR DECREE OF THE FEDERAL MINISTRY OF DEFENSE OF FEBRUARY 6, 1968--
VR I 2-- AZ.:77-01-03-02 (PUBLISHED IN THE MINISTERIAL GAZETTE OF THE
FEDERAL MINISTER OF DEFENSE 1968, P. 110.).
4. NO. 2, SENTENCE 1 OF THE ADMINISTRATIVE AGREEMENT PROVIDES THAT
THE REPRESENTATIVE OF THE FINANCE INTEREST WILL SUBMIT TO THE
APPROPRIATE AGENCY OF THE FORCE THE PROPOSAL FOR AN AMICABLE AGREEMENT
FORWARDED TO HIM BY THE REQUISITIONING AUTHORITY PURSUANT TO PARAGRAPH
1, SECTION 51 OR PARAGRAPH 3, SECTION 81 BLG. THIS SHALL NOT PRECLUDE
THE REPRESENTATIVE OF THE FINANCE INTEREST CONCLUDING AN AGREEMENT-
-OUTSIDE OF THE FORMAL ASSESSMENT PROCEDURE (CF. PARAGRAPH 3, SENTENCE
2, SECTION 81 BLG)-- WITH THE PARTY ENTITLED TO RECEIVE COMPENSATION ON
THE AMOUNT OF SUCH COMPENSATION. HOWEVER, PRIOR TO CONCLUDING AN
AGREEMENT WITH THE PARTY ENTITLED TO RECEIVE COMPENSATION, THE
REPRESENTATIVE OF THE FINANCE INTEREST SHALL ALWAYS OBTAIN THE POSITION
OF THE AGENCY OF THE FORCE WITH REGARD TO THE PLANNED AGREEMENT; THE
REPRESENTATIVE OF THE FINANCE INTEREST WILL NOT CONCLUDE AN AGREEMENT
AGAINST THE WISHES OF THE US FORCES. THE REPRESENTATIVE OF THE FINANCE
INTEREST, IN ACCORDANCE WITH THE ADMINISTRATIVE AGREEMENT, SHALL ALSO
NOT AGREE TO COMPENSATION PROPOSALS OF THE REQUISITIONING AUTHORITY IF
THE COMPETENT AGENCY OF THE FORCE OBJECTS.
5. PURSUANT TO NO. 6, SENTENCE 1 OF THE ADMINISTRATIVE AGREEMENT,
LAWSUITS (SECTIONS 58-60 BLG) WILL BE CONDUCTED BY THE REPRESENTATIVE OF
THE FINANCE INTEREST IN THE NAME OF THE FEDERAL REPUBLIC ACTING AS
NOMINAL PARTY FOR THE UNITED STATES. THE AUTHORITY TO CONDUCT LAWSUITS
WAS ALREADY DELEGATED TO THE REPRESENTATIVE OF THE FINANCE INTEREST WITH
CIRCULAR LETTER OF JULY 25, 1957-- VI B/1 BL 1118C/0 4250-31/57
(PUBLISHED IN MINISTERIAL GAZETTE OF THE MINISTER OF FINANCE 1957,
P.950). THE GERMAN-AMERICAN ADMINISTRATIVE AGREEMENT PURSUANT TO
ARTICLE 44, SA, MENTIONED IN NO. 6, SENTENCE 2 WAS PUBLISHED WITH
CIRCULAR DECREE OF MAY 23, 1967-- VI B/1-- VV 7120-- 61/67-- .
CHINA, REPUBLIC OF 3 MAY 1977 FLITE DOCUMENT NO. 7900062
EXCHANGE OF NOTES EXECUTED 18 MARCH AND 3 MAY 1977.
EXCHANGE OF NOTES EFFECTING AN AMENDMENT TO THE JOINT LETTER OF
AGREEMENT ON DETACHMENT 9 FCF PROCEDURES OF 3 JULY 1975. AMENDMENT
REGARDING FLIGHT TEST REQUIREMENTS FOR CH-46 HELICOPTERS.
FS (MAJ CATCHINGS/2351)
FLIGHT TEST REQUIREMENTS FOR CH-46 HELICOPTERS
433 WING OPERATIONS, CAF
1. THE MAINTENANCE FACILITY AT AIR ASIA HAS BEGUN WORK ON
OVERHAULING SEVERAL U.S. MARINE CH-46 HELICOPTERS. THESE HELICOPTERS
WILL REQUIRE FLIGHT CHECKS BEGINNING AROUND 15 MAY 77. DUE TO AIRCRAFT
DIFFERENCES, NEW PROCEDURES WILL NEED TO BE ESTABLISHED PRIOR TO THAT
DATE.
2. THE FOLLOWING ARE PROPOSED PROCEDURES WHICH WILL MEET OUR
REQUIREMENTS:
A. ENGINE RUNS AND HOVER CHECKS CAN BE MADE ON THE OLD DISUSED
TAXIWAY SOUTHWEST OF THE CAF TERMINAL. RADIO CONTACT WILL BE MAINTAINED
WITH TOWER AT ALL TIMES.
B. INITIAL FLIGHT CHECKS CAN BE MADE WITHIN THE PRESENT HELICOPTER
TRAFFIC PATTERN AT 500 FEET TO THE EAST OF THE FIELD. THIS WILL INCLUDE
NORMAL HELICOPTER LANDING PATTERNS AND AUTOROTATIONS. TAKEOFFS AND
LANDINGS WILL BE MADE ON THE ACTIVE RUNWAY. WHEN JET OR CONVENTIONAL
TRAFFIC DICTATES, HELICOPTERS CAN HOLD EAST OF THE FIELD.
C. TO COMPLETE THE FLIGHT CHECK, A 10NM HIGH SPEED RUN MUST BE MADE
AT 1000-1500 FEET AND AT 120 KNOTS. PREFERABLY, THE "HIGH SPEED"
CORRIDOR WOULD BEGIN JUST TO THE EAST OF TAINAN AIR BASE AND RUN 020
DEGREES TO A POINT ABEAM SHI KANG VORTAC AND RETURN HEADING 200 DEGREES
TO THE PATTERN. RADIO CONTACT WILL BE MAINTAINED WITH TOWER DURING ALL
FCF'S. ALL HELICOPTER FCF'S WILL BE FLOWN IN VMC.
3. IF THESE PROCEDURES ARE ACCEPTABLE, THEY WILL BECOME AN AMENDMENT
TO THE JOINT LETTER OF AGREEMENT ON DETACHMENT 9 FCF PROCEDURES DATED 3
JULY 1975.
SIGNED
DOUGLAS S. CATCHINGS, MAJ, USAF
CHIEF, FLIGHT TEST DIVISION
FILE NO.: (66) YK-2813
SUBJECT: FLIGHT TEST REQUIREMENTS FOR CH-46 HELICOPTERS
TO: DET 9, AFCMC(AFLC)
1. REFERENCE IS MADE TO YOUR LETTER, FS DATED 18 MARCH 1977, SAME
SUBJECT AS ABOVE.
2. WE CONCUR IN YOUR PROPOSED PROCEDURES AS AN AMENDMENT TO THE
JOINT LETTER OF AGREEMENT BETWEEN UNITED STATES AIR FORCE AND THE
CHINESE AIR FORCE DATED 3 JULY 1975; HOWEVER YOU ARE REQUESTED TO
ADHERE THE FOLLOWING POINTS:
A. IT IS THE RESPONSIBILITY OF USAF TO MAINTAIN THE GROUND CLEANNESS
OF ENGINE RUNS AND HOVER CHECKS AREA (THE OLD DISUSED TAXIWAY SOUTHWEST
OF THE CAF TERMINAL).
B. FLIGHT CHECK: PERFORMING HIGH SPEED TEST FLIGHT BEYOND THE TAINAN
AIR BASE CONTROL TOWER LIMITATION (5 NM OF RADIUS), THE AIRCRAFT WILL BE
CONTROLLED BY KUIE JEN TOWER, AND RADIO CONTACT WILL BE MADE WITH ARMY
AVIATION TOWER CHANNEL (VHF 126.18, UHF 241.8). WHEN RETURNING TO
TAINAN AIR BASE, MAKE A RIGHT TURN HEADING 200 DEGREES SO AS TO ENLARGE
THE SAFETY SPACE WITH THE FINALLY APPROACH A/C TO TAINAN AIR BASE.
C. THE TEST FLIGHTS HAD BETTER BE CARRIED OUT AFTER 15:00L EACH DAY,
AND PLEASE SEND A COPY OF THE TEST FLIGHT SCHEDULE TO THIS WING FOR
REFERENCE PRIOR TO TEST FLIGHT.
FOR THE COMMANDER
MA, PING-KANG, COLONEL, CAF
DIRECTOR OF OPERATIONS
HELICOPTER TEST FLIGHTS WILL OPERATE AT 500' MSL IN THE TRAFFIC
PATTERN. TO ACCOMPLISH HIGH SPEED RUN, DEPART PATTERN HEADING 010
DEGREES AND CLIMB TO 1000-1500'MSL. TERMINATE ABEAM CH . . . OR 10 NM
FROM CH 101. RETURN TO PATTERN BY MAKING A RIGHT TURN TO 200 DEGREES.
MAINTAIN CONTACT WITH TAINAN TOWER UNTIL DEPARTING TRAFFIC PATTERN, THEN
CONTACT KUIE JEN ARMY AIR FIELD ON 241.8. RECONTACT TAINAN PRIOR TO
ENTERING TRAFFIC PATTERN.
(MAP OMITTED)
JAMAICA 14 OCT 1975 FLITE DOCUMENT NO. 7900061
ARRANGEMENT FOR HYDROGRAPHY AND NAUTICAL CARTOGRAPHY EXECUTED 7 AND
14 OCTOBER 1975.
ARRANGEMENT FOR HYDROGRAPHY AND NAUTICAL CARTOGRAPHY SURVEYS OF THE
PORTS AND COASTAL WATERS OF JAMAICA AND THE PUBLICATION OF NAUTICAL
CHARTS.
ARRANGEMENT FOR HYDROGRAPHY AND NAUTICAL CARTOGRAPHY BETWEEN THE
MINISTRY OF MINING AND NATURAL RESOURCES OF JAMAICA AND AGENCIES OF THE
UNITED STATES DEPARTMENT OF DEFENSE.
1. THE MINISTRY OF MINING AND NATURAL RESOURCES OF JAMAICA, THE
UNITED STATES NAVAL OCEANOGRAPHIC OFFICE (NAVOCEANO), THE UNITED STATES
DEFENSE MAPPING AGENCY, HYDROGRAPHIC CENTER (DMAHC) AND THE UNITED
STATES DEFENSE MAPPING AGENCY, INTER-AMERICAN GEODETIC SURVEY (DMA IAGS)
AGREE TO PARTICIPATE IN HYDROGRAPHIC SURVEYS OF THE PORTS AND COASTAL
WATERS OF JAMAICA AND THE PUBLICATION OF NAUTICAL CHARTS. THIS JOINT
COOPERATIVE EFFORT IS TO BE CONDUCTED UNDER THE HARBOR SURVEY ASSISTANCE
PROGRAM (HARSAP) OF THE UNITED STATES NAVAL OCEANOGRAPHIC OFFICE. THE
PURPOSE OF HARSAP AND GENERAL INSTRUCTIONS FOR CONDUCTING THE SURVEYS
ARE PROVIDED IN ATTACHMENT (1) AND ARE MADE A PART OF THIS ARRANGEMENT.
2. UNDER THE TERMS OF THIS ARRANGEMENT AND SUBJECT TO THE
AVAILABILITY OF FUNDS, THE RESPONSIBILITIES OF THE PARTICIPATING
AGENCIES ARE AS FOLLOWS:
A. UNITED STATES DEPARTMENT OF DEFENSE PARTICIPATION
(1) NAVOCEANO WILL PROVIDE:
(A) TECHNICAL ADVICE DURING PERIODIC VISITS TO JAMAICA BY THE HARSAP
COORDINATOR STATIONED IN THE PANAMA CANAL ZONE OR BY OTHER TECHNICAL
PERSONNEL AS AVAILABLE.
(B) ADEQUATE TECHNICAL EQUIPMENT, AS AVAILABLE, ON A LOAN OR LEASE
BASIS FOR CONDUCTING THE HYDROGRAPHIC SURVEYS, INCLUDING THE MEASUREMENT
OF SEA CURRENTS AND THE GATHERING OF BOTTOM SAMPLES OR OTHER RELATED
SURVEY DATA.
(C) THE NECESSARY SUPPLY OF TECHNICAL MATERIALS REQUIRED FOR
CONDUCTING THE HYDROGRAPHIC SURVEYS, SUCH AS: BOAT SHEETS, SMOOTH
SHEETS, MANUALS, AND PUBLICATIONS.
(2) DMA IAGS WILL PROVIDE:
(A) TECHNICAL GUIDANCE AND ASSISTANCE IN THE COMPILATION AND COLOR
SEPARATION OF THE CHARTS DURING PERIODIC VISITS TO JAMAICA BY A NAUTICAL
CARTOGRAPHER.
(B) MATERIALS REQUIRED FOR THE COMPILATION OF THE CHART SUCH AS
SCRIBE COAT, PEEL COAT, MYLAR, REQUIRED TYPE, ETC.
(3) DMAHC WILL PROVIDE:
(A) THE PUBLICATION OF CHARTS FROM DATA OBTAINED UNDER THIS
ARRANGEMENT.
(B) TWO HUNDRED (200) COPIES OF THE PUBLISHED CHARTS TO JAMAICA FREE
OF CHARGE.
(C) THE INCORPORATION OF SELECTED PUBLISHED CHARTS INTO ITS
DISTRIBUTION SYSTEM FOR WORLD-WIDE DISSEMINATION.
B. JAMAICAN PARTICIPATION
(1) THE MINISTRY OF MINING AND NATURAL RESOURCES WILL PROVIDE:
(A) THE ESTABLISHMENT OF THE NECESSARY GEODETIC CONTROL REQUIRED FOR
CONDUCTING THE HYDROGRAPHIC SURVEYS IN ACCORDANCE WITH JAMAICAN MINISTRY
OF MINING AND NATURAL RESOURCES REQUIREMENTS.
(B) A MINIMUM OF SEVEN (7) INDIVIDUALS, INCLUDING A SUPERVISOR, WHO
WILL RECEIVE THE NECESSARY TRAINING IN ORDER TO CONDUCT THE HYDROGRAPHIC
SURVEYS.
(C) A SUITABLE BOAT TO BE USED IN CONDUCTING THE HYDROGRAPHIC
SURVEYS.
(D) FUEL, OIL, LUBRICANT AND THE NECESSARY CREW FOR THE HYDROGRAPHIC
BOAT.
(E) THE COMPILATION OF DATA AND THE COLOR-SEPARATION PROCESS FOR EACH
NAUTICAL CHART.
(F) A COLOR PROOF TO DMAHC FOR EDITING. DMAHC WILL RETURN THE COLOR
PROOF TO THE SURVEY DEPARTMENT WITH THE PROPER RECOMMENDATIONS.
(G) THE CORRECTED REPRODUCIBLE MATERIALS TO DMAHC IN ORDER TO
FACILITATE THE PRINTING OF THE CHART.
3. ALL ORIGINAL SURVEY DATA WILL BE RETAINED IN JAMAICA FOR
PERMANENT RECORD WITH THE UNDERSTANDING THAT NAVOCEANO WILL BE PROVIDED
A STABLE BASE COPY OF ALL SMOOTH SHEETS AT THE CONCLUSION OF EACH
SURVEY. RELATED INFORMATION FOR SAILING DIRECTIONS OR OTHER
PUBLICATIONS WILL BE ACCORDED THE PRIVILEGES OF ACCESS TO THE ORIGINAL
DATA IN THE FUTURE IF THE NEED ARISES.
THE METRIC SYSTEM WILL BE USED ON CHARTS PREPARED FROM SURVEYS
ACCOMPLISHED UNDER THIS ARRANGEMENT.
4. THIS ARRANGEMENT SHALL TAKE EFFECT UPON SIGNATURE OF
REPRESENTATIVES OF ALL PARTICIPATING AGENCIES.
SIGNED BY THE FOLLOWING PARTIES ON THE DATES INDICATED:
FOR THE MINISTRY OF MINING AND NATURAL RESOURCES OF JAMAICA:
1. INTRODUCTION
1.1 BACKGROUND. THE HARBOR SURVEY ASSISTANCE PROGRAM (HARSAP)
PROVIDES FOR A U.S. NAVAL OCEANOGRAPHIC OFFICE (NAVOCEANO) MISSION TO
ASSIST OTHER GOVERNMENTS IN CONDUCTING HYDROGRAPHIC SURVEYS OF HARBORS,
HARBOR APPROACHES, AND COASTAL WATERS. THE PURPOSE OF THESE SURVEYS IS
TO OBTAIN INFORMATION FOR THE PUBLICATION OF ACCURATE NAUTICAL CHARTS
AND SAILING DIRECTIONS AND TO PROVIDE TECHNICAL TRAINING AND GUIDANCE TO
PERSONNEL OF THE PARTICIPATING GOVERNMENTS.
1.2 PURPOSE OF INSTRUCTIONS. THESE INSTRUCTIONS PROVIDE TECHNICAL
GUIDANCE FOR CONDUCTING GEODETIC AND HYDROGRAPHIC SURVEYS UNDER THE
HARBOR SURVEY ASSISTANCE PROGRAM.
2. TECHNICAL REQUIREMENTS
2.1 TECHNICAL OPERATIONS. THESE SURVEYS SHALL BE ACCOMPLISHED WITHIN
THE LIMITS OF ACCURACY AND IN ACCORDANCE WITH THE INSTRUCTIONS AND
PROCEDURES CONTAINED IN THE U.S. NAVAL OCEANOGRAPHIC OFFICE SPECIAL
PUBLICATION NO. 4 (SP-4), THE STANDARDS OF THE INTERNATIONAL
HYDROGRAPHIC BUREAU (IHB), AND THE GEODETIC STANDARDS OF THE
PARTICIPATING NATION. THOSE PARTS OF SP-4 REFERRED TO HEREIN ARE
CONTAINED IN ANNEX A TO THIS DOCUMENT. THE METRIC SYSTEM WILL BE USED.
2.1.1 GEODETIC CONTROL. IF POSSIBLE, ANY CONTROL NET ESTABLISHED
SHOULD BE CONNECTED TO AT LEAST TWO STATIONS OF FIRST-ORDER
TRIANGULATION. IF FIRST-ORDER STATIONS ARE NOT AVAILABLE, TWO STATIONS
OF THE NEXT-HIGHEST ACCURACY SHOULD BE USED.
2.1.1.1 PRIMARY HORIZONTAL CONTROL. ALL PRIMARY TRIANGULATION AND
TRAVERSES ESTABLISHED SHALL CONFORM TO AT LEAST THIRD-ORDER ACCURACY
STANDARDS AS DESCRIBED IN SP-4 (A-10201 AND A-10202). ALL NEW STATIONS
SHALL BE REFERENCED AND MONUMENTED, INCLUDING SUB-SURFACE MARKS WHERE
PRACTICABLE, AND DESCRIBED IN ACCORDANCE WITH STANDARD PRACTICE.
2.1.1.2 SECONDARY HORIZONTAL CONTROL. STATIONS TO BE USED TO CONTROL
HYDROGRAPHY AND AIDS TO NAVIGATION, SUCH AS LIGHTHOUSES, TANKS, ETC.,
SHALL BE OBSERVED IN ACCORDANCE WITH THIRD-ORDER STANDARDS.
ALL BUOYS SHOULD BE POSITIONED BY AT LEAST THREE CUTS FROM THE MAIN,
OR SECONDARY, CONTROL STATIONS.
TANGENTS SHALL BE OBSERVED TO ALL CLEARLY DEFINED POINTS ON SHORELINE
AND REEF, WITH PROPER DESCRIPTION AS TO DEBRIS, HIGH WATER LINE,
VEGETATION LINE, OR OTHER DESCRIPTIVE FEATURE.
2.1.1.3 PHOTOGRAMMETRIC CONTROL. THE LOCATION OF ALL CONTROL
STATIONS ESTABLISHED OR RECOVERED SHALL BE PHOTO-IDENTIFIED ON AERIAL
PHOTOGRAPHS. THESE CONTROL STATIONS ARE THE BASIS UPON WHICH THE FINAL
SHORELINE COMPILATIONS ARE MADE, AND IT IS IMPERATIVE THAT THEY BE
PHOTO-IDENTIFIED IN THE FIELD.
2.1.2 HYDROGRAPHY
2.1.2.1 POSITION CONTROL. IF ELECTRONIC SURVEYING SYSTEMS ARE NOT
AVAILABLE, CONTROL FOR HYDROGRAPHIC DEVELOPMENT WILL BE BY THREE-POINT
SEXTANT FIX OR FROM AZIMUTH INSTRUMENT BEARINGS FROM SHORE STATIONS.
THE PROBABLE ERROR FOR EACH FIX USED FOR CONTROL OF SOUNDING LINES SHALL
NOT EXCEED 15 METERS AND NO LINE SHALL BE ACCEPTED THAT HAS MORE THAN
TWO CONSECUTIVELY REJECTED FIXES.
2.1.2.2 SOUNDINGS. SOUNDINGS SHALL BE OBTAINED BY CONTINUOUS
RECORDING ECHO-SOUNDING EQUIPMENT. DEPTH CHECKS SHALL BE TAKEN AT LEAST
TWO TIMES DURING EACH DAY'S OPERATION TO VERIFY ACCURACY OF ALL SONAR
DEPTH SOUNDINGS. EACH DEPTH CHECK SHALL CONSIST OF A SERIES OF READINGS
AT 3-METER OR 10-FOOT INTERVALS TO THE MAXIMUM PRACTICAL DEPTH
OBTAINABLE, NOT TO EXCEED THE MAXIMUM EXPECTED SOUNDING DEPTH FOR THAT
DAY. THE RESULTS OF THESE COMPARISONS WILL BE ENTERED IN THE SOUNDING
JOURNALS.
CORRECTIONS FOR TRANSDUCER DEPTH, ZERO SETTING, CURRENT FREQUENCY
FLUCTUATION, AND TIDE SHALL BE ENTERED IN THE SOUNDING JOURNAL.
SOUNDING LINES SHALL HAVE A MINIMUM SPACING OF 6 MILLIMETERS AT THE
SCALE OF DEVELOPMENT, EXCEPT WHERE DEPTH AND CHARACTER OF THE BOTTOM
WILL PERMIT WIDER SPACING. STANDARD SCALES WILL BE USED (SP-4,
B-20303). NORMALLY, FIX INTERVAL AND SOUNDING INTERVAL WILL BE AS
FOLLOWS; HOWEVER, FIX INTERVALS SHOULD NOT EXCEED 2 TO 4 CENTIMETERS
AND THE SOUNDING INTERVAL SHOULD NOT EXCEED THE LINE SPACING:
SCALE OF DEVELOPMENT FIX INTERVAL SOUNDING INTERVAL
1:10,000 1 MIN 15 SEC 1:25,000 3 MIN 30 SEC 1:40,000 5 MIN 1 MIN
CROSS CHECK LINES SHALL BE RUN NORMAL TO THE DIRECTION OF THE REGULAR
SOUNDING LINES AND AT INTERVALS NO GREATER THAN 7.5 CENTIMETERS AT THE
SCALE OF DEVELOPMENT. AGREEMENT AT INTERSECTIONS OF CHECK SOUNDINGS AND
REGULAR SOUNDINGS SHALL BE WITHIN . 0.5 METERS FROM 0 TO 21 METERS, . 1
METER FROM 21 TO 100 METERS, AND . 1% FOR ALL DEPTHS GREATER THAN 100
METERS. ANY LINE WHICH DOES NOT MEET THE ABOVE CRITERIA SHALL BE
RESOUNDED.
ON COMPLETION OF AREA DEVELOPMENT, A RECOMMENDED CHANNEL WILL BE
SELECTED AND A MINIMUM OF FOUR SOUNDING LINES SHALL BE RUN ALONG ITS
ENTIRE LENGTH.
2.1.2.3 SURVEY OF PIERS. HAND LEAD SOUNDINGS SHALL BE TAKEN EVERY 6
METERS ALONG THE FACE OF PIERS, USING TAPED DISTANCES. ADDITIONAL LINES
OF SOUNDINGS SHALL BE RUN PARALLEL TO THE PIERS AT DISTANCES OF 6, 12,
AND 18 METERS. PIER DIMENSIONS AND THE AZIMUTH OF THE AXIS OF PIERS
SHALL BE CAREFULLY MEASURED.
2.1.2.4 SHOAL INVESTIGATION. THE AREA WHERE A SHOAL IS FOUND OR
WHERE THE EXISTENCE OF A SHOAL IS SUSPECTED SHALL BE SOUNDED BY A SERIES
OF CLOSELY SPACED LINES UNTIL IT IS CERTAIN THAT THE LEAST DEPTH ,AS
BEEN FOUND AND ACCURATELY POSITIONED.
2.1.3 TIDE OBSERVATION. IF A PERMANENT TIDE GAGE IS NOT LOCATED IN
THE VICINITY, A PORTABLE TIDE GAGE SHALL BE ESTABLISHED AND MAINTAINED
THROUGHOUT THE SURVEY PERIOD (AT LEAST 29 DAYS). ALL SOUNDINGS SHALL BE
REFERENCED TO THE SAME TIDAL DATUM AS THAT OF THE LARGEST SCALE CHART IN
THE AREA.
A TIDE STAFF SHOULD BE ESTABLISHED WITH ANY PORTABLE GAGE AND TIED TO
TWO OR MORE BENCH MARKS BY DIFFERENTIAL LEVELING. ALL LEVELING SHALL BE
IN ACCORDANCE WITH STANDARDS FOR THIRD-ORDER ACCURACY (SP-4, A-10303),
AND LEVEL LINES SHALL BE DOUBLE RUN OR CLOSED LOOPS.
2.1.4 BOTTOM SAMPLES. BOTTOM SAMPLES SHALL BE OBTAINED AT 7.5
CENTIMETER-SQUARE INTERVALS AT THE SCALE OF DEVELOPMENT TO A DEPTH OF 31
METERS. THE BOTTOM SAMPLE DATA RECORDS MUST BE CORRELATED BY FIX NUMBER
ON THE BOAT SHEET AND IN THE SOUNDING JOURNAL, AND MUST IDENTIFY THE
TYPE OF SEDIMENT.
2.1.5 CURRENT OBSERVATIONS. CURRENT OBSERVATIONS SHALL BE MADE IN
THE SHIP CHANNELS AND IN OTHER AREAS INDICATED IN THE SURVEY
SPECIFICATIONS. FOR EACH CURRENT STATION, AT LEAST 48 HOURS OF
CONTINUOUS OBSERVATIONS ARE TO BE MADE DURING THE PERIODS OF SPRING AND
NEAP TIDES. PREFERABLY, THE CURRENT METER SHALL BE SUBMERGED TO
ONE-HALF THE DRAFT OF THE LARGEST SHIP ENTERING THE HARBOR.
2.1.6 AIDS AND DANGERS TO NAVIGATION. DANGERS DISCOVERED DURING THE
SURVEY SHALL BE REPORTED BY MESSAGE TO THE U.S. NAVAL OCEANOGRAPHIC
OFFICE, WASHINGTON, D.C.
2.1.6.1 SAILING DIRECTIONS. COMPLETE NEW SAILING DIRECTIONS FOR
HARBOR AND APPROACHES SHALL BE WRITTEN. EXISTING SAILING DIRECTIONS FOR
THE SURVEY AREA SHOULD BE USED AS A GUIDE IN PREPARING THE NEW
DIRECTIONS. PHOTOGRAPHS OF COASTS, HARBOR APPROACHES (INCLUDING PORT
PANORAMAS), LANDMARKS, AND NAVIGATIONAL FEATURES AND AIDS WILL BE TAKEN
TO FULFILL REQUIREMENTS FOR THE SAILING DIRECTIONS.
3. DATA REDUCTION REPORTS
3.1 DATA REDUCTION. RECORDS OF ALL SURVEY AND OBSERVATIONAL DATA
OBTAINED SHALL BE PROCESSED AS RAPIDLY AS POSSIBLE AND TO THE FULLEST
DEGREE PRACTICABLE WITH THE OBJECT OF IDENTIFYING, ON THE SCENE, ANY
WORK THAT MUST BE REPEATED BECAUSE OF FAILURE TO MEET DESIRED STANDARDS.
A-10201 TRIANGULATION
(1) THE LIMITS OF ACCURACY REQUIRED FOR FIRST, SECOND AND THIRD-ORDER
TRIANGULATION ARE LISTED IN THE FOLLOWING TABLE:
/1/ CLASSES III AND II OF U.S. TRIANGULATION STANDARDS FOR FIRST AND
SECOND ORDER
/2/ CLASSES III AND II OF U.S. TRIANGULATION STANDARDS FOR FIRST AND
SECOND ORDER
STRENGTH OF FIGURE:
DESIRABLE LIMIT,
R1 BETWEEN BASES 80 100 125
MAXIMUM LIMIT,
R1 BETWEEN BASES 110 130 175
DESIRABLE LIMIT,
R1 SINGLE FIGURE 15 (R2 50) 25 (R2 80) 25(R2 120)
MAXIMUM LIMIT,
R1 SINGLE FIGURE 25 (R2=80) 40 (R2=120) 50 (R2=150)
DISCREPANCY BETWEEN
COMPUTED LENGTH
AND MEASURED LENGTH
OF BASE OR ADJUSTED
LENGTH OF CHECK
LINE, NOT TO EXCEED 1 IN 25,000 1 IN 10,000 1 IN 5,000
TRIANGLE CLOSURE:
AVERAGE, NOT TO
EXCEED 1 SEC 3 SEC 5 SEC
MAXIMUM, NOT TO
EXCEED 3 SEC 5 SEC 10 SEC
SIDE CHECKS:
REGULAR
QUADRILATERALS.
MAXIMUM DIFFERENCE
OF SIDES IN UNITS
OF DIFF. OF 1 SEC.
IN SIXTH PLACE OF
LOG SINE OF
SMALLEST ANGLE
INVOLVED 2 TIMES DIF 4 TIMES DIF
SIDE EQUATIONS TEST:
APPROXIMATE AVERAGE
CORRECTION TO A
DIRECTION, NOT TO
EXCEED 0.4 SEC 0.8 SEC
USUAL NUMBER OF
OBSERVATIONS:
POSITION WITH 0.2
SEC DIRECTION
THEODOLITE 16 8 4
POSITION WITH 1
SEC DIRECTION
THEODOLITE 24 8 4
BASE MEASUREMENT:
PROBABLE ERROR OF
BASE NOT TO 1 IN 1 IN 1 IN
EXCEED 1,000,000 500,000 250,000
DISCREPANCY BETWEEN
TWO MEASURES OF A
SECTION NOT TO
EXCEED 10 MM. K 20 MM. K 25 MM. K
ASTRONOMICAL
AZIMUTH, PROBABLE
ERROR OF RESULT,
NOT TO EXCEED 0.3 SEC 0.5 SEC 2.0 SEC
A-10202 TRAVERSE
(1) CONTROL SURVEYS BY TRAVERSE SHOULD BE EXECUTED WITH AN ACCURACY
COMPARABLE WITH THAT OF TRIANGULATION OF A CORRESPONDING GRADE. THE
LIMITS OF ACCURACY FOR FIRST, SECOND, AND THIRD-ORDER ARE GIVEN BELOW:
CLOSING ERROR IN POSITION, NOT 1 IN 1 IN 1 IN
TO EXCEED 25,000 10,000 5,000
PROBABLE ERROR OF MAIN SCHEME
ANGLES 1.5 SEC 3.0 SEC 6.0 SEC
NUMBER OF STATIONS BETWEEN
ASTRONOMICAL AZIMUTHS 10 TO 15 15 TO 25 20 TO 35
CORRECTION FOR AZIMUTH CLOSURE,
DISCREPANCY PER MAIN ANGLE 1.0 SEC 2.0 SEC 5.0 SEC
ASTRONOMICAL AZIMUTH, PROBABLE
ERROR OR RESULT 0.5 SEC 2.0 SEC 5.0 SEC
2.1.3 TIDE OBSERVATION. IF A PERMANENT TIDE GAGE IS NOT LOCATED IN
THE VICINITY, A PORTABLE TIDE GAGE SHALL BE ESTABLISHED AND MAINTAINED
THROUGHOUT THE SURVEY PERIOD (AT LEAST 29 DAYS). ALL SOUNDINGS SHALL BE
REFERENCED TO THE SAME TIDAL DATUM AS THAT OF THE LARGEST SCALE CHART IN
THE AREA.
A TIDE STAFF SHOULD BE ESTABLISHED WITH ANY PORTABLE GAGE AND TIED TO
TWO OR MORE BENCH MARKS BY DIFFERENTIAL LEVELING. ALL LEVELING SHALL BE
IN ACCORDANCE WITH STANDARDS FOR THIRD-ORDER ACCURACY (SP-4, A-10303),
AND LEVEL LINES SHALL BE DOUBLE RUN OR CLOSED LOOPS.
2.1.4 BOTTOM SAMPLES. BOTTOM SAMPLES SHALL BE OBTAINED AT 7.5
CENTIMETER-SQUARE INTERVALS AT THE SCALE OF DEVELOPMENT TO A DEPTH OF 31
METERS. THE BOTTOM SAMPLE DATA RECORDS MUST BE CORRELATED BY FIX NUMBER
ON THE BOAT SHEET AND IN THE SOUNDING JOURNAL, AND MUST IDENTIFY THE
TYPE OF SEDIMENT.
2.1.5 CURRENT OBSERVATIONS. CURRENT OBSERVATIONS SHALL BE MADE IN
THE SHIP CHANNELS AND IN OTHER AREAS INDICATED IN THE SURVEY
SPECIFICATIONS. FOR EACH CURRENT STATION, AT LEAST 48 HOURS OF
CONTINUOUS OBSERVATIONS ARE TO BE MADE DURING THE PERIODS OF SPRING AND
NEAP TIDES. PREFERABLY, THE CURRENT METER SHALL BE SUBMERGED TO
ONE-HALF THE DRAFT OF THE LARGEST SHIP ENTERING THE HARBOR.
2.1.6 AIDS AND DANGERS TO NAVIGATION. DANGERS DISCOVERED DURING THE
SURVEY SHALL BE REPORTED BY MESSAGE TO THE U.S. NAVAL OCEANOGRAPHIC
OFFICE, WASHINGTON, D.C.
2.1.6.1 SAILING DIRECTIONS. COMPLETE NEW SAILING DIRECTIONS FOR
HARBOR AND APPROACHES SHALL BE WRITTEN. EXISTING SAILING DIRECTIONS FOR
THE SURVEY AREA SHOULD BE USED AS A GUIDE IN PREPARING THE NEW
DIRECTIONS. PHOTOGRAPHS OF COASTS, HARBOR APPROACHES (INCLUDING PORT
PANORAMAS), LANDMARKS, AND NAVIGATIONAL FEATURES AND AIDS WILL BE TAKEN
TO FULFILL REQUIREMENTS FOR THE SAILING DIRECTIONS.
3. DATA REDUCTION REPORTS
3.1 DATA REDUCTION. RECORDS OF ALL SURVEY AND OBSERVATIONAL DATA
OBTAINED SHALL BE PROCESSED AS RAPIDLY AS POSSIBLE AND TO THE FULLEST
DEGREE PRACTICABLE WITH THE OBJECT OF IDENTIFYING, ON THE SCENE, ANY
WORK THAT MUST BE REPEATED BECAUSE OF FAILURE TO MEET DESIRED STANDARDS.
ISRAEL 24 JUN 1975 FLITE DOCUMENT NO. 7900060
CREDIT/RELEASE AGREEMENT EXECUTED 24 JUNE 1975.
CREDIT/RELEASE AGREEMENT REGARDING THE PURCHASE OF DEFENSE ITEMS.
MR. J. CIECHANOVER
GOVERNMENT OF ISRAEL
MINISTRY OF DEFENSE
SUITE 607
850 THIRD AVENUE
NEW YORK, NEW YORK 10022
DEAR MR. CIECHANOVER:
PURSUANT TO THE AUTHORITY OF THE FOREIGN MILITARY SALES ACT (PUBLIC
LAW 90-629), APPROVED OCTOBER 22, 1968, AS AMENDED, BY THE FOREIGN
ASSISTANCE ACT OF 1974 (PUBLIC LAW 93-559), APPROVED DECEMBER 30, 1974,
THE UNITED STATES GOVERNMENT HAS ISSUED $100 MILLION IN DIRECT CREDIT TO
THE GOVERNMENT OF ISRAEL. CREDIT AGREEMENT, IS-751, WAS CONSUMMATED
BETWEEN OUR TWO GOVERNMENTS ON 24 JUNE 1975.
THE LAST SENTENCE OF SECTION 31(B) OF THE FOREIGN MILITARY SALES ACT,
AS AMENDED, PROVIDES THAT ISRAEL SHALL BE RELEASED FROM CONTRACTUAL
LIABILITY TO REPAY THE UNITED STATES GOVERNMENT FOR THE DEFENSE ARTICLES
AND DEFENSE SERVICES SO FINANCED BY THE AFORESAID $100 MILLION IN CREDIT
FINANCING.
THIS LETTER IMPLEMENTS THE AFORESAID PROVISION OF THE ACT AND
CONSTITUTES THE OFFICIAL NOTIFICATION THAT THE GOVERNMENT OF ISRAEL IS
HEREBY RELEASED FROM THE CONTRACTUAL LIABILITY TO REPAY THE GOVERNMENT
OF T4E UNITED STATES FOR THE CREDIT EXTENDED TO ISRAEL, AS WELL AS THE
RELATED INTEREST, PURSUANT TO THE AFORESAID CREDIT AGREEMENT.
ACCORDINGLY, NOTWITHSTANDING THE PROVISIONS OF THE AFORESAID CREDIT
AGREEMENT, THE GOVERNMENT OF ISRAEL IS NOT REQUIRED TO ISSUE PROMISSORY
NOTES THEREUNDER.
RECEIPT ACKNOWLEDGED:
FOR THE GOVERNMENT OF ISRAEL
BY J. CIECHANOVER
DIRECTOR, MINISTRY OF DEFENSE
MISSION TO THE UNITED STATES
CREDIT AGREEMENT, MADE AND ENTERED INTO THE 24TH DAY OF JUNE 1975,
BETWEEN THE GOVERNMENT OF ISRAEL, REPRESENTED BY ITS MINISTRY OF
DEFENSE, AND THE GOVERNMENT OF THE UNITED STATES OF AMERICA, REPRESENTED
BY THE DEPARTMENT OF DEFENSE OF THE UNITED STATES OF AMERICA.
WHEREAS, THE GOVERNMENT OF ISRAEL (HEREINAFTER SOMETIMES REFERRED TO
AS THE "BORROWER") DESIRES TO ENTER OR HAS ENTERED, INTO PURCHASE
CONTRACTS (HEREINAFTER REFERRED TO AS "PURCHASE ARRANGEMENTS") WITH THE
MILITARY DEPARTMENTS AND AGENCIES OF THE UNITED STATES DEPARTMENT OF
DEFENSE (HEREINAFTER REFERRED TO AS "DOD) AND/OR VARIOUS UNITED STATES
COMMERCIAL SUPPLIERS FOR THE PURCHASE OF DEFENSE ARTICLES AND DEFENSE
SERVICES OF UNITED STATES ORIGIN (HEREINAFTER COLLECTIVELY REFERRED TO
AS "DEFENSE ITEMS"); AND
WHEREAS, THE BORROWER HAS REQUESTED THE GOVERNMENT OF THE UNITED
STATES OF AMERICA (HEREINAFTER SOMETIMES REFERRED TO AS THE "LENDER") TO
FINANCE PAYMENTS REQUIRED TO BE MADE BY THE BORROWER UNDER THE PURCHASE
ARRANGEMENTS; AND
WHEREAS, THE AFORESAID REQUESTED CREDIT WILL FACILITATE THE PURPOSES
OF THE UNITED STATES FOREIGN MILITARY SALES ACT, AS AMENDED;
NOW THEREFORE, IN CONSIDERATION OF THE PREMISE AND THE MUTUAL
COVENANTS HEREINAFTER SET FORTH, AND IN IMPLEMENTATION OF, AND SUBJECT
TO THE PROVISIONS OF THE MUTUAL DEFENSE ASSISTANCE AGREEMENT BETWEEN THE
GOVERNMENT OF ISRAEL AND THE GOVERNMENT OF THE UNITED STATES OF AMERICA,
DATED JULY 23, 1952, THE PARTIES HERETO AGREE AS FOLLOWS:
1. SUBJECT TO THE TERMS AND CONDITIONS HEREOF, THE LENDER AGREES TO
MAKE LOANS TO THE BORROWER FROM TIME TO TIME IN AN AGGREGATE PRINCIPAL
AMOUNT UP TO BUT NOT EXCEEDING $100,000,000 (HEREINAFTER CALLED THE
"COMMITMENT").
2. THE AFORESAID COMMITMENT SHALL BE AVAILABLE ONLY TO FINANCE THE
PURCHASE OF DEFENSE ITEMS BY THE BORROWER PURSUANT TO PURCHASE
ARRANGEMENTS AUTHORIZED FOR SUCH FINANCING BY DOD WHICH ARE ENTERED INTO
BY THE BORROWER ON OR BEFORE JUNE 30, 1976. EACH AUTHORIZATION FOR THE
BORROWER TO ENTER INTO A PURCHASE ARRANGEMENT IN IMPLEMENTATION OF THIS
CREDIT AGREEMENT SHALL BE SEPARATELY COMMUNICATED BY DOD IN WRITING TO
THE BORROWER, WHICH AUTHORIZATION SHALL SPECIFY THE DEFENSE ITEMS AND
THE AMOUNT OF CREDIT AUTHORIZED FOR THAT PURCHASE ARRANGEMENT. THE
BORROWER SHALL INCORPORATE INTO EACH SUCH PURCHASE ARRANGEMENT WITH
COMMERCIAL SUPPLIERS THE PROVISIONS OF ANNEX A HERETO AND ATTACH AS AN
EXHIBIT TO THE PURCHASE ARRANGEMENT A TRUE COPY OF THE APPLICABLE
AFORESAID AUTHORIZATION AND OF PARAGRAPH 9 OF THIS CREDIT ARRANGEMENT.
3. EACH LOAN HEREUNDER BY THE LENDER SHALL BE MADE IN ACCORDANCE
WITH THE FOLLOWING PROCEDURES:
(A) EACH LOAN SHALL BE MADE ON SUCH DATE (HEREINAFTER REFERRED TO AS
A "DISBURSEMENT DATE") AS MAY BE DESIGNATED BY THE BORROWER FROM TIME TO
TIME UPON TEN (10) DAYS WRITTEN NOTICE BY THE BORROWER TO THE LENDER.
(B) EACH NOTICE SHALL SPECIFY THE AMOUNT OF THE LOAN TO BE MADE BY
THE LENDER ON THE DISBURSEMENT DATE, AND SHALL SPECIFY THE SUPPLIER OR
SUPPLIERS (INCLUDING THE MILITARY DEPARTMENT OR AGENCIES OF DOD) TO WHOM
THE DISBURSEMENT IS TO BE REMITTED BY THE LENDER.
(C) EACH NOTICE SHALL BE SENT TO THE COMPTROLLER, DEFENSE SECURITY
ASSISTANCE AGENCY, THE PENTAGON, WASHINGTON, D.C. 20301.
(D) IN THE CASE OF DISBURSEMENTS REQUESTED TO BE MADE TO COMMERCIAL
SUPPLIERS, THE INVOICES SHALL BE PREPARED IN ACCORDANCE WITH THE
PROCEDURE SET FORTH IN ANNEX A HERETO.
(E) IN THE CASE OF DISBURSEMENTS REQUESTED TO BE MADE TO THE MILITARY
DEPARTMENTS AND AGENCIES OF DOD, THE NOTICES SHALL HAVE ANNEXED THERETO
COPIES OF THE PAYMENT REQUEST RECEIVED BY THE BORROWER FROM SUCH
MILITARY DEPARTMENT OR AGENCY AGAINST WHICH DISBURSEMENT IS REQUESTED.
(F) WITH EACH NOTICE, THE BORROWER SHALL CONCURRENTLY TRANSMIT TO THE
LENDER AT THE ADDRESS SET FORTH IN SUBPARAGRAPH (C) ABOVE OF THIS
PARAGRAPH A PROMISSORY NOTE SUBSTANTIALLY IN THE FORM OF ANNEX B HERETO
(WITH THE BLANKS APPROPRIATELY FILLED IN) RECITING THE OBLIGATION OF THE
BORROWER TO REPAY THE AMOUNT OF SUCH LOAN WITH INTEREST THEREON AS
HEREINAFTER SET FORTH. (THE PROMISSORY NOTES HEREINABOVE REFERRED TO
ARE HEREINAFTER CALLED THE "NOTES" AND INDIVIDUALLY A "NOTE").
4.(A) ALL OCEAN TRANSPORTATION OF THE DEFENSE ARTICLES SHALL BE ON
VESSELS OF UNITED STATES REGISTRY. THE GOVERNMENT OF THE UNITED STATES
WILL GIVE SYMPATHETIC CONSIDERATION ON A CASE-BY-CASE BASIS TO REQUESTS
BY THE BORROWER JUSTIFYING SHIPMENT ON VESSELS OF THE REGISTRY OF THE
BORROWER. CONSIDERATION WILL BE GIVEN TO SECURITY REQUIREMENTS OF THE
BORROWER TO ASSURE SAFE ARRIVAL.
(B) THE BORROWER OR ITS COMMERCIAL SUPPLIERS SHALL BE RESPONSIBLE FOR
OBTAINING SUCH EXPORT LICENSES AS MAY BE NECESSARY FOR DEFENSE ITEMS
FINANCED HEREUNDER.
5. THIS AGREEMENT EVIDENCES THE LEGAL AND BINDING OBLIGATION OF THE
BORROWER TO MAKE REPAYMENTS TO THE LENDER FOR DISBURSEMENTS MADE BY THE
LENDER IN ACCORDANCE WITH THE TERMS HEREOF. THE LENDER MAY SELL OR
ASSIGN, IN WHOLE OR IN PART, ITS RIGHTS TO SAID REPAYMENTS AND MAY, WITH
RESPECT TO SUCH SALE OR ASSIGNMENT, GUARANTEE PAYMENT OF THE SAME.
6.(A) THE BORROWER SHALL REPAY THE DISBURSEMENTS MADE BY THE LENDER
IN ACCORDANCE WITH THE PRINCIPAL REPAYMENT SCHEDULE SET FORTH IN ANNEX C
HERETO, AND SHALL PAY INTEREST SEMIANNUALLY ON NOVEMBER 30 AND MAY 31
COMMENCING NOVEMBER 30, 1975, AT THE RATE OF EIGHT PER CENT (8%) PER
ANNUM, USING A 365 DAY FACTOR, ON THE AMOUNT FROM TIME TO TIME
CUMULATIVE DISBURSEMENTS EXCEED CUMULATIVE REPAYMENTS OF PRINCIPAL.
(B) IF ON ANY INSTALLMENT REPAYMENT DATE SET FORTH IN THE PRINCIPAL
REPAYMENT SCHEDULE THE BORROWER SHALL NOT HAVE AVAILED ITSELF OF THE C
COMMITMENT OF THE LENDER IN AN AGGREGATE AMOUNT (LESS REPAYMENTS
PREVIOUSLY MADE) EQUAL TO THE AGGREGATE INSTALLMENT OF PRINCIPAL WHICH
IS REPAYABLE ON SUCH DATE TO THE LENDER, THE BORROWER SHALL, ON SUCH
INSTALLMENT REPAYMENT DATE, REPAY TO THE LENDER THE FULL AMOUNT (LESS
REPAYMENTS PREVIOUSLY MADE) TO WHICH IT HAS AVAILED ITSELF OF THE
COMMITMENT OF THE LENDER TO SUCH DATE, TOGETHER WITH THE INTEREST
ACCRUED THEREON. IF AT ANY TIME THEREAFTER THE BORROWER SHALL AVAIL
ITSELF OF THE COMMITMENT OF THE LENDER IN AN AMOUNT WHICH WOULD HAVE
BEEN PAYABLE ON A PRIOR INSTALLMENT REPAYMENT DATE BUT FOR THE
PROVISIONS OF THE IMMEDIATELY PRECEEDING SENTENCE, SUCH AMOUNT, TOGETHER
WITH THE INTEREST ACCRUED THEREON, SHALL BE REPAYABLE ON THE NEXT
SUCCEEDING INSTALLMENT DATE OF THE PRINCIPAL REPAYMENT SCHEDULE
OCCURRING AFTER THE DISBURSEMENT OF SUCH AMOUNT AND THE SAID AGGREGATE
INSTALLMENT OF PRINCIPAL REPAYABLE UNDER THE PRINCIPAL REPAYMENT
SCHEDULE TO THE LENDOR ON THAT DATE SHALL BE INCREASED BY SUCH AMOUNT.
(C) IF BY THE DATE SPECIFIED IN PARAGRAPH 2 ABOVE, THE BORROWER SHALL
NOT HAVE ENTERED INTO AUTHORIZED PURCHASE ARRANGEMENTS IN AN AGGREGATE
AMOUNT EQUAL TO THE ENTIRE AMOUNT OF THE COMMITMENT, THE INSTALLMENTS OF
PRINCIPAL REPAYABLE TO THE LENDER SET FORTH IN THE PRINCIPAL REPAYMENT
SCHEDULE SHALL BE REDUCED IN THE INVERSE ORDER OF THE MATURITY THEREOF
TO THE EXTENT OF THE UNUSED BALANCE OF THE COMMITMENT.
(D) WHENEVER ANY REPAYMENT TO BE MADE BY THE BORROWER SHALL BE DUE ON
A SATURDAY, SUNDAY, OR PUBLIC HOLIDAY UNDER THE LAWS OF THE LENDER, SUCH
REPAYMENT MAY BE MADE ON THE NEXT SUCCEEDING BUSINESS DAY, AND SUCH
EXTENSION OF TIME SHALL IN SUCH CASE BE INCLUDED IN COMPUTING INTEREST
IN CONNECTION WITH SUCH REPAYMENT BUT EXCLUDED FROM THE NEXT INTEREST
PERIOD.
(E) THE BORROWER MAY PREPAY THE CREDIT EXTENDED UNDER THIS AGREEMENT
IN PART OR IN FULL ON ANY INTEREST PAYMENT DATE WITHOUT PENALTY OR
PREMIUM, BUT SUCH PREPAYMENT MUST BE ACCOMPANIED BY PAYMENT OF INTEREST
ON THE AMOUNT PREPAID TO THE DATE OF PREPAYMENT AND MUST BE APPLIED TO
THE SATISFACTION OF INSTALLMENTS OF PRINCIPAL REPAYMENTS IN THE INVERSE
ORDER OF THEIR MATURITIES.
(F) ALL REPAYMENTS BY THE BORROWER ON ACCOUNT OF PRINCIPAL OR
INTEREST SHALL BE IN LAWFUL MONEY OF THE UNITED STATES OF AMERICA AND IN
IMMEDIATELY AVAILABLE FUNDS, FREE AND CLEAR OF, AND WITHOUT DEDUCTION
FOR, ANY AND ALL TAXES, LEVIES, IMPOSTS, DEDUCTIONS AND WITHHOLDINGS
WHATSOEVER IMPOSED, LEVIED, COLLECTED OR ASSESSED WITH RESPECT THERETO
BY ANY CENTRAL OR LOCAL AUTHORITY OF ISRAEL.
7.(A) THE NOTES SHALL BE FURTHER EVIDENCE OF THE OBLIGATION OF THE
BORROWER TO REPAY THE LOANS MADE HEREUNDER. EACH NOTE SHALL BE DATED
THE PARTICULAR DISBURSEMENT DATE OF THE LOAN WHICH SUCH NOTE EVIDENCES,
SHALL BE PAYABLE TO THE ORDER OF THE GOVERNMENT OF THE UNITED STATES IN
THE PRINCIPAL AMOUNT OF SUCH DISBURSEMENT, AND SHALL BEAR INTEREST ON
THE UNPAID PRINCIPAL AMOUNT THEREOF AS PROVIDED IN PARAGRAPH 6(A).
(B) THE NOTES SHALL BE COMPLETED BY THE BORROWER IN SUCH A MANNER
THAT REPAYMENT OF SUCH LOANS SHALL BE MADE IN THE ORDER OF THEIR
DISBURSEMENT, UTILIZING THE PRINCIPAL REPAYMENT SCHEDULE SET FORTH IN
ANNEX C (AS THE SAME MAY BE ADJUSTED IN ACCORDANCE WITH PARAGRAPHS 6(B)
AND 6(C) HEREOF), AND, IN DETERMINING WHETHER A PARTICULAR LOAN IS
PAYABLE IN ONE OR MORE INSTALLMENTS, UTILIZING A PARTICULAR INSTALLMENT
PAYMENT DATE ONLY AFTER THE FULL UTILIZATION OF THE NEXT PRECEDING
INSTALLMENT DATE.
(C) EACH NOTE SHALL BE SIGNED ON BEHALF OF THE BORROWER BY THE
DIRECTOR OR DEPUTY DIRECTOR OF THE MINISTRY OF DEFENSE MISSION, NEW
YORK, AND THE TREASURER OR ASSISTANT TREASURER OF THE MINISTRY OF
DEFENSE MISSION, NEW YORK.
8.(A) THE BORROWER REPRESENTS AND WARRANTS THAT THE MAKING AND
PERFORMANCE OF THIS AGREEMENT HAVE BEEN DULY AUTHORIZED IN ACCORDANCE
WITH THE LAWS OF ISRAEL AND SHALL FURNISH TO THE LENDER UPON REQUEST
EVIDENCE, SATISFACTORY TO THE LENDER, OF THE AUTHORITY OF THE PERSON OR
PERSONS WHO HAVE SIGNED THIS AGREEMENT ON BEHALF OF THE BORROWER AND OF
THE PERSON OR PERSONS WHO WILL SIGN THE NOTES PROVIDED FOR HEREIN ON
BEHALF OF THE BORROWER, TOGETHER WITH THE AUTHENTICATED SPECIMEN
SIGNATURE, IN DUPLICATE, OF EACH OF THE LATTER.
(B) THIS AGREEMENT SHALL INURE TO THE BENEFITS OF THE HOLDERS OF THE
NOTES, THEIR RESPECTIVE SUCCESSORS AND ASSIGNS. THIS AGREEMENT AND THE
NOTES SHALL BE DEEMED TO BE CONTRACTS UNDER THE LAW OF THE DISTRICT OF
COLUMBIA AND FOR ALL PURPOSES SHALL BE CONSTRUED IN ACCORDANCE WITH SAID
LAW. THE BORROWER AGREES THAT JURISDICTION MAY BE TAKEN BY COURTS IN
THE DISTRICT OF COLUMBIA WITH RESPECT TO MATTERS INVOLVING ANY NOTE,
PROVIDED EACH NOTE IS HELD BY AN INDIVIDUAL, PARTNERSHIP, CORPORATION,
OR OTHER PRIVATE LEGAL ENTITY.
(C) THE BORROWER SHALL IN ALL CASES PAY WHEN AND AS DUE THE PRINCIPAL
OF AND INTEREST ON ALL NOTES ISSUED HEREUNDER, NOTWITHSTANDING ANY
CLAIMS WHICH THE BORROWER MAY NOW OR HEREAFTER HAVE AGAINST ANY SUPPLIER
OF THE DEFENSE ITEMS, DOD, THE LENDER, OR ANY OTHER PERSONS OR ENTITY IN
CONNECTION WITH ANY OTHER TRANSACTION, FOR ANY REASON WHATSOEVER.
9. UPON THE OCCURRENCE OF ANY OF THE FOLLOWING EVENTS OF DEFAULT:
(A) IF THE BORROWER FAILS FOR A PERIOD OF TEN (10) DAYS TO MAKE ANY
PAYMENT OF PRINCIPAL OF, OR INTEREST ON, ANY NOTE WHEN DUE;
(B) IF ANY REPRESENTATION OR WARRANTY MADE BY THE BORROWER HEREIN OR
ANY CERTIFICATE FURNISHED BY THE BORROWER PURSUANT HERETO PROVES TO BE
AT ANY TIME INCORRECT IN ANY MATERIAL RESPECT; OR
(C) IF THE BORROWER DEFAULTS IN THE PERFORMANCE OF ANY OTHER TERM,
COVENANT OR UNDERTAKING CONTAINED IN THIS CREDIT AGREEMENT, AND SUCH
DEFAULT SHALL CONTINUE UNREMEDIED FOR 30 DAYS AFTER WRITTEN NOTIFICATION
THEREOF SHALL HAVE BEEN GIVEN TO THE BORROWER BY THE LENDER;
THEN, AND IN ANY SUCH EVENT, THE HOLDER OF ANY NOTE MAY DECLARE
IMMEDIATELY DUE AND PAYABLE THE UNPAID PRINCIPAL OF, AND ACCRUED
INTEREST ON, ANY OR ALL NOTES HELD BY SUCH HOLDER AND SUCH AMOUNTS SHALL
BECOME IMMEDIATELY DUE AND PAYABLE WITHOUT PROTEST, PRESENTMENT, NOTICE
OR OTHER DEMAND OF ANY KIND, ALL OF WHICH ARE HEREBY EXPRESSLY WAIVED BY
THE BORROWER, AND THE LENDER MAY TERMINATE ITS COMMITMENT HEREUNDER.
10. ALL COMMUNICATIONS AND OTHER DOCUMENTS REQUIRED OR PERMITTED
HEREUNDER, UNLESS SUBMITTED IN THE ENGLISH LANGUAGE, SHALL BE
ACCOMPANIED BY ONE ENGLISH TRANSLATION FOR EACH COPY OF SUCH DOCUMENTS
TO BE FURNISHED AND, IN THE EVENT OF CONFLICT, THE ENGLISH VERSION SHALL
GOVERN. EXCEPT AS OTHERWISE PROVIDED HEREIN, ALL NOTICES, REQUESTS OR
DEMANDS HEREUNDER SHALL BE DEEMED TO HAVE BEEN GIVEN OR MADE UPON THE
MAILING OF THE SAME, POSTAGE PREPAID, OR IN THE CASE OF TELEGRAPHIC
NOTICE, ON DELIVERY TO THE TELEGRAPHIC COMPANY, ADDRESSED IN THE CASE OF
THE BORROWER, TO THE DIRECTOR, MINISTRY OF DEFENSE MISSION, GOVERNMENT
OF ISRAEL, WITH A COPY TO THE TREASURY REPRESENTATIVE OF THE GOVERNMENT
OF ISRAEL BOTH AT 850 THIRD AVENUE, NEW YORK, NEW YORK 10022, AND IN THE
CASE OF THE LENDER TO THE DIRECTOR, DEFENSE SECURITY ASSISTANCE AGENCY,
THE PENTAGON, WASHINGTON, D. C. 20301.
11. THIS AGREEMENT MAY BE EXECUTED IN ANY NUMBER OF COUNTERPARTS AND
BY THE PARTIES HERETO ON SEPARATE COUNTERPARTS, EACH OF WHICH SHALL BE
DEEMED AN ORIGINAL BUT ALL SUCH COUNTERPARTS TO CONSTITUTE ONE AND THE
SAME INSTRUMENT.
12. ANNEX A THROUGH C ATTACHED HERETO ARE, BY THIS REFERENCE, MADE A
PART OF THIS AGREEMENT.
IN WITNESS WHEREOF, THE PARTIES HERETO HAVE DULY EXECUTED THIS
AGREEMENT THIS 24TH DAY OF JUNE 1975.
THE GOVERNMENT OF ISRAEL
SIGNED
BY M. NAAMAN
DEPUTY DIRECTOR, MINISTRY OF DEFENSE
MISSION TO THE UNITED STATES
SIGNED
BY H. ELAZAR
ASSISTANT TREASURER, MINISTRY OF DEFENSE
MISSION TO THE UNITED STATES
THE FOLLOWING PROCEDURES AND CONDITIONS SHALL BE ADHERED TO PRIOR TO
EACH DISBURSEMENT TO BE MADE BY THE GOVERNMENT OF THE UNITED STATES FOR
THE ACCOUNT OF THE GOVERNMENT OF ISRAEL.
1. THE SUPPLIER SHALL PREPARE AND SUBMIT TO THE DESIGNATED
REPRESENTATIVES OF THE GOVERNMENT OF ISRAEL IN NEW YORK, NEW YORK
INVOICES ON U.S. STANDARD FORM 1034 IN SUFFICIENT NUMBER OF COPIES TO
PERMIT THE FORWARDING OF FOUR COPIES TO THE DISBURSING OFFICER
DESIGNATED IN PARAGRAPH 5 BELOW.
2. THE SUPPLIER SHALL INSURE THAT EACH INVOICE IS IN ACCORDANCE WITH
RELEVANT PROVISIONS OF ITS PURCHASE ARRANGEMENT WITH THE GOVERNMENT OF
ISRAEL.
3. THE SUPPLIER SHALL ATTACH TO EACH INVOICE A STATEMENT THAT
AUTHORIZED REPRESENTATIVES OF THE GOVERNMENT OF THE UNITED STATES SHALL,
UNTIL THE EXPIRATION OF THREE YEARS AFTER FINAL PAYMENT HEREUNDER, HAVE
ACCESS TO AND THE RIGHT TO EXAMINE ANY DIRECTLY RELATED PERTINENT BOOKS,
DOCUMENTS, PAPERS AND RECORDS OF THE SUPPLIER INVOLVING TRANSACTIONS
RELATING TO THE AFORESAID PURCHASE ARRANGEMENT.
4. TO THE EXTENT THAT ANY INVOICE REQUESTS PAYMENT OF ADVANCES, AS
DISTINGUISHED FROM PAYMENT FOR DELIVERY OF DEFENSE ITEMS OR
REIMBURSEMENT IN THE FORM OF PROGRESS PAYMENTS FOR WORK OR SERVICES
PERFORMED, THE SUPPLIER SHALL ATTACH TO THE INVOICE A STATEMENT SETTING
FORTH THE UNDERTAKING OF THE SUPPLIER THAT THE FULL AMOUNT OF THE
ADVANCE WILL BE MAINTAINED BY THE SUPPLIER IN A SEGREGATED ACCOUNT WHICH
WILL BE APPLIED SOLELY TO THE PERFORMANCE OF THE SUPPLIER'S OBLIGATIONS
UNDER THE PURCHASE ARRANGEMENT.
5. THE DESIGNATED REPRESENTATIVE OF THE GOVERNMENT OF ISRAEL IN NEW
YORK, NEW YORK SHALL FORWARD SUCH INVOICES TO THE COMPTROLLER, DEFENSE
SECURITY ASSISTANCE AGENCY, THE PENTAGON, WASHINGTON, D.C. 20301.
6. EACH INVOICE SHALL BE ACCOMPANIED BY A CERTIFICATION OF THE
GOVERNMENT OF ISRAEL AS FOLLOWS:
"THE GOVERNMENT OF ISRAEL CONFIRMS (THAT THE DEFENSE ITEMS SET FORTH
HEREIN HAVE BEEN SATISFACTORILY RECEIVED BY OR FOR THE GOVERNMENT OF
ISRAEL (THAT THE WORK OR SERVICES FOR WHICH PROGRESS PAYMENTS ARE
REQUESTED HAVE BEEN SATISFACTORILY RENDERED) (THAT PAYMENT IS OTHERWISE
DUE) UNDER ITS PURCHASE ARRANGEMENT OF (DATE) FOR THE PURCHASE OF
DEFENSE ITEMS FROM SUPPLIER, AND CERTIFIES THAT THE BILL IS CORRECT AND
JUST AND THAT PAYMENT THEREFOR HAS NOT BEEN MADE.
PAYMENT OF THIS INVOICE IS REQUESTED BY THE MINISTRY OF DEFENSE OF
THE GOVERNMENT OF ISRAEL PURSUANT TO THE TERMS OF THE CREDIT AGREEMENT
OF (DATE) BETWEEN THE . . . OF THE GOVERNMENT OF ISRAEL AND THE
GOVERNMENT OF THE UNITED STATES OF AMERICA. THE GOVERNMENT OF ISRAEL
CONFIRMS THAT SAID PURCHASE ARRANGEMENT IS ONE OF THE PURCHASE
ARRANGEMENTS AUTHORIZED BY THE DEPARTMENT OF DEFENSE OF THE UNITED
STATES OF AMERICA PURSUANT TO THE AFORESAID CREDIT AGREEMENT OF (DATE)
AND FURTHER CONFIRMS THAT THE CUMULATIVE TOTAL OF THIS INVOICE AND
INVOICES PREVIOUSLY PAID BY THE GOVERNMENT OF THE UNITED STATES AGAINST
SAID PURCHASE ARRANGEMENT DOES NOT EXCEED THE AGGREGATE CREDIT CEILING
ESTABLISHED BY THE GOVERNMENT OF THE UNITED STATES FOR THE SAID PURCHASE
ARRANGEMENT.
U.S. $ , WASHINGTON, D.C.
FOR VALUE RECEIVED, THE UNDERSIGNED, THE GOVERNMENT OF (HEREIN CALLED
" "), HEREBY PROMISES TO PAY TO THE ORDER OF THE GOVERNMENT OF THE
UNITED STATES OF AMERICA (HEREIN CALLED "UNITED STATES") THE PRINCIPAL
SUM OF UNITED STATES DOLLARS (U.S. $ ) AS FOLLOWS:
TOGETHER WITH INTEREST ON ANY AND ALL AMOUNTS REMAINING UNPAID HEREUNDER
FROM TIME TO TIME FROM THE DATE HEREOF UNTIL THIS NOTE SHALL BE PAID IN
FULL, PAYABLE SEMIANNUALLY ON AND OF EACH YEAR FROM DATE HEREOF AT THE
RATE OF PER CENT PER ANNUM ( %) USING A 365 DAY FACTOR, BOTH PRINCIPAL
AND INTEREST TO BE PAYABLE IN LAWFUL MONEY OF THE UNITED STATES OF
AMERICA TO THE COMPTROLLER, DEFENSE SECURITY ASSISTANCE AGENCY, ATTN:
FINANCIAL POLICY & CONTROL, THE PENTAGON, WASHINGTON, D.C. 20301. ALL
PAYMENTS MADE ON ACCOUNT OF THE PRINCIPAL AMOUNT REMAINING UNPAID
HEREUNDER SHALL BE ENDORSED BY THE HOLDER ON THE REVERSE SIDE OF THIS
NOTE.
WHENEVER ANY PAYMENT TO BE MADE SHALL BE DUE ON SATURDAY, SUNDAY, OR
A PUBLIC HOLIDAY UNDER THE LAWS OF THE GOVERNMENT OF THE UNITED STATES,
SUCH PAYMENT MAY BE MADE ON THE NEXT SUCCEEDING BUSINESS DAY, AND SUCH
EXTENSION OF TIME SHALL IN SUCH CASE BE INCLUDED IN COMPUTING INTEREST
IN CONNECTION WITH SUCH PAYMENTS BUT EXCLUDED FROM THE NEXT INTEREST
PERIOD. # THIS NOTE MAY BE PREPAID ON ANY INTEREST PAYMENT DATE.
PREPAYMENTS SHALL BE APPLIED TO THE INSTALLMENTS HEREOF IN THE REVERSE
ORDER OF THEIR MATURITY. ALL PAYMENTS OF PRINCIPAL AND INTEREST ON THIS
NOTE ARE PAYABLE IN LAWFUL MONEY OF THE UNITED STATES OF AMERICA AND IN
IMMEDIATELY AVAILABLE FUNDS, FREE AND CLEAR OF, AND WITHOUT DEDUCTION
FOR, ANY TAXES, LEVIES, IMPOSTS, DEDUCTIONS, AND WITHHOLDINGS WHATSOEVER
NOW OR HEREAFTER IMPOSED, LEVIED, COLLECTED OR ASSESSED WITH RESPECT
THERETO BY ANY CENTRAL OR LOCAL AUTHORITY OF AND SHALL BE PAID FREE FROM
ALL RESTRICTIONS OF ANY CENTRAL OR LOCAL AUTHORITY OF .
THE GOVERNMENT OF AGREES TO PAY ALL OUT-OF-POCKET COSTS AND EXPENSES
IN CONNECTION WITH COLLECTION AFTER DEFAULT OF THIS NOTE (INCLUDING THE
REASONABLE FEES AND OUT-OF-POCKET EXPENSES OF COUNSEL) AS WELL AS ALL
STAMP AND SIMILAR TAXES, IF ANY, NOW OR HEREAFTER IN EFFECT, AND TO SAVE
THE OLDER OF THE NOTE HARMLESS FROM ANY AND ALL LIABILITIES WITH RESPECT
TO OR RESULTING FROM ANY DELAY OR OMISSION TO PAY SUCH TAXES.
THE FIRST $7,692,308 OF DISBURSEMENTS ARE REPAYABLE ON 31 MAY 1977
THE NEXT $7,692,308 OF DISBURSEMENTS ARE REPAYABLE ON 30 NOVEMBER
1977
THE NEXT $7,692,308 OF DISBURSEMENTS ARE REPAYABLE ON 31 MAY 1978
THE NEXT $7,692,308 OF DISBURSEMENTS ARE REPAYABLE ON 30 NOVEMBER
1978
THE NEXT $7,692,308 OF DISBURSEMENTS ARE REPAYABLE ON 31 MAY 1979
THE NEXT $7,692,308 OF DISBURSEMENTS ARE REPAYABLE ON 30 NOVEMBER
1979
THE NEXT $7,692,308 OF DISBURSEMENTS ARE REPAYABLE ON 31 MAY 1980
THE NEXT $7,692,308 OF DISBURSEMENTS ARE REPAYABLE ON 30 NOVEMBER
1980
THE NEXT $7,692,308 OF DISBURSEMENTS ARE REPAYABLE ON 31 MAY 1981
THE NEXT $7,692,308 OF DISBURSEMENTS ARE REPAYABLE ON 30 NOVEMBER
1981
THE NEXT $7,692,308 OF DISBURSEMENTS ARE REPAYABLE ON 31 MAY 1982
THE NEXT $7,692,308 OF DISBURSEMENTS ARE REPAYABLE ON 30 NOVEMBER
1982
THE LAST $7,692,304 OF DISBURSEMENTS ARE REPAYABLE ON 31 MAY 1983
$100,000,000
IRAN 3 AUG 1975 FLITE DOCUMENT NO. 7900059
EXCHANGE OF NOTES EXECUTED 12 APRIL AND 3 AUGUST 1975; EFFECTIVE 21
MARCH 1975.
EXCHANGE OF NOTES EXTENDING AGREEMENT OF 27 NOVEMBER 1943 REGARDING
SERVICES OF AMERICAN ADVISORS WITH THE IRANIAN GENDARMERIE.
NO. 543
THE EMBASSY OF THE UNITED STATES OF AMERICA PRESENTS ITS COMPLIMENTS
TO THE IMPERIAL IRANIAN MINISTRY OF FOREIGN AFFAIRS AND HAS THE HONOR TO
REFER TO THE IMPERIAL MINISTRY'S NOTE NO. 607/18 OF APRIL 12, 1975,
REQUESTING NOTIFICATION WHETHER THE UNITED STATES GOVERNMENT AGREES TO
THE EXTENSION OF THE AGREEMENT OF NOVEMBER 27, 1943, REGARDING THE
SERVICES OF AMERICAN ADVISORS WITH THE IRANIAN GENDARMERIE FOR ANOTHER
YEAR EFFECTIVE MARCH 21, 1975. THE EMBASSY IS PLEASED TO CONVEY THE
AGREEMENT OF THE GOVERNMENT OF THE UNITED STATES IN THIS MATTER.
ON THE BASIS OF DISCUSSIONS WITH THE IMPERIAL MINISTRY, THE EMBASSY
UNDERSTANDS THAT THERE IS NO OBJECTION TO THE TWO FOLLOWING AMENDMENTS
TO THE AGREEMENT OF NOVEMBER 27, 1943:
A. IN PLACE OF THE PRESENT ARTICLE 1, SUBSTITUTE: "THE PURPOSES OF
THIS MISSION IS TO PROVIDE MILITARY ADVICE IN THE ORGANIZATION,
OPERATIONS AND ADMINISTRATION OF THE IMPERIAL IRANIAN GENDARMERIE
INSOFAR AS THESE PERTAIN TO THE MAINTENANCE OF THE SECURITY OF IRAN."
B. IN ARTICLE 8, STRIKE THE PERIOD AT THE END OF THE FIRST SENTENCE,
INSERT A COMMA, AND STRIKE THE SECOND SENTENCE AND SUBSTITUTE THEREFOR:
"BUT EACH MEMBER OF THE MISSION SHALL HAVE PRECEDENCE OVER ALL OFFICERS
OF THE IRANIAN GENDARMERIE OF THE SAME RANK. MEMBERS OF THE MISSION
SHALL WEAR THE UNITED STATES ARMY UNIFORM WITH A SHOULDER SLEEVE
INSIGNIA INDICATING SERVICE WITH THE IRANIAN GENDARMERIE."
THE EMBASSY AVAILS ITSELF OF THIS OPPORTUNITY TO RENEW TO THE
IMPERIAL IRANIAN MINISTRY OF FOREIGN AFFAIRS THE ASSURANCES OF ITS
HIGHEST CONSIDERATION.
EMBASSY OF THE UNITED STATES
OF AMERICA
TEHRAN, AUGUST 3, 1975
EMPIRE OF IRAN
CENTRAL PROVINCE
CITY OF TEHRAN
EMBASSY OF THE UNITED STATES OF AMERICA
I, JOHN R. RATIGAN, VICE CONSUL OF THE UNITED STATES OF AMERICA AT
TEHRAN, IRAN DULY COMMISSIONED AND QUALIFIED, DO HEREBY CERTIFY THAT THE
FOREGOING DOCUMENT IS A TRUE AND FAITHFUL COPY OF THE ORIGINAL THIS DAY
EXHIBITED TO ME, THE SAME HAVING BEEN CAREFULLY EXAMINED BY ME AND
COMPARED WITH THE SAID ORIGINAL AND FOUND TO AGREE THEREWITH WORD FOR
WORD AND FIGURE FOR FIGURE.
IN WITNESS WHEREOF I HEREUNTO SET MY HAND AND THE SEAL OF THE
CONSULAR SECTION OF THE EMBASSY AT TEHRAN, IRAN
SIGNED
JOHN R. RATIGAN
VICE CONSUL OF THE UNITED STATES OF AMERICA
TO: CRU
FROM: PAP
NOTE NO: 687/18
DATE OF NOTE: 4.12.75
DATE RECEIVED: 4.16.75
FROM: LEGAL BUREAU, F. O.
ENCLOSURE OF NOTE: -
GENERAL SUBJECT: IN REFERENCE TO EMBASSY NOTE NO. 170 OF MARCH 6,
1975, AND PURSUANT TO F. O. NOTE NO. 13948/13 OF MARCH 15, 1975,
REQUESTS TO BE NOTIFIED IF THE UNITED STATES GOVERNMENT AGREES WITH
EXTENSION OF THE 27 NOVEMBER 1943 AGREEMENT ON THE SERVICE OF AMERICAN
ADVISORS WITH THE IRANIAN GENDARMERIE FOR ANOTHER YEAR EFFECTIVE MARCH
21, 1975.
ICELAND 9 SEP 1975 FLITE DOCUMENT NO. 7900058
LORAN MONITOR ARRANGEMENT EXECUTED 9 SEPTEMBER 1975; EFFECTIVE 1
JULY 1976.
ARRANGEMENT FOR ICELANDIC OPERATION OF LORAN MONITOR FACILITY AT THE
U.S. NAVAL STATION, KEFLAVIK, ICELAND.
I. BASIS. THIS ARRANGEMENT IS ENTERED INTO PURSUANT TO PLANS FOR
REDUCING U.S. MILITARY PERSONNEL IN ICELAND IN ACCORDANCE WITH THE
AGREED MINUTE OF 22 OCTOBER 1974. THIS ARRANGEMENT IS MADE BETWEEN THE
UNITED STATES OF AMERICA, REPRESENTED BY THE U.S. COAST GUARD, AND THE
GOVERNMENT OF ICELAND, REPRESENTED BY THE POST AND TELECOMMUNICATIONS
ADMINISTRATION OF ICELAND.
II. PURPOSE. THIS ARRANGEMENT ASSIGNS THE RESPONSIBILITY FOR
OPERATING AND MAINTAINING THE FACILITIES AND EQUIPMENT OF THE LORAN-C
MONITOR STATION, KEFLAVIK, ICELAND (HEREINAFTER DENOTED AS
LORMONSTAKEF"), INCLUDING COMMUNICATIONS AND ELECTRONIC FACILITIES AND
EQUIPMENT, FROM THE UNITED STATES COAST GUARD TO THE POST AND
TELECOMMUNICATIONS ADMINISTRATION (HEREINAFTER DENOTED AS "USCG" AND
PTA" RESPECTIVELY), AND DELINEATES THE FUNCTIONS AND RESPONSIBILITIES OF
EACH AGENCY.
III. OPERATIONAL MISSION AND RESPONSIBILITIES. THE MISSION OF
LORMONSTAKEF IS TO CONTROL THE SYNCHRONIZATION OF THE LORAN-C STATIONS
LOCATED AT ANGISSOQ, GREENLAND; SANDUR, ICELAND; EJDE, FAEROE ISLANDS;
AND SUCH OTHER STATIONS AS MAY BE ASSIGNED, USING OPERATING PROCEDURES
AND TOLERANCES PUBLISHED BY THE USCG.
IV. CHAIN OPERATIONAL CONTROL OFFICER. THE USCG WILL RETAIN AT THE
U.S. NAVAL STATION, KEFLAVIK OR OTHER SUITABLE LOCATION, A CHAIN
OPERATIONAL CONTROL OFFICER (HEREINAFTER DENOTED "COCO") TO EXERCISE
OPERATIONAL CONTROL OVER ASSIGNED LORAN-C STATIONS AND OVER LORMONSTAKEF
VIA TELETYPE COMMUNICATIONS CIRCUITS. THE COCO WILL BE A USCG OFFICER
WITH SPECIALIZED LORAN-C BACKGROUND AND KNOWLEDGE, WHO WILL ALSO ACT AS
PRIMARY LIAISON OFFICER FOR ROUTINE MATTERS BETWEEN LORMONSTAKEF AND THE
USCG. PTA WILL INSURE THAT LORMONSTAKEF COMPLIES WITH ANY AND ALL
DIRECTIONS FROM THE COCO WHICH AFFECTS THE OPERATIONAL MISSION OF THE
MONITOR STATION AS DEFINED ABOVE.
V. VISITS AND EQUIPMENT MODIFICATIONS. PTA WILL PERMIT PERIODIC
VISITS TO LORMONSTAKEF BY USCG TECHNICAL PERSONNEL, INCLUDING COCO AND
HIS STAFF, TO ENSURE PROPER FUNCTIONING OF THE MONITOR STATION AS
RELATED TO ITS OPERATIONAL MISSION. IN THE PERFORMANCE OF HIS DUTIES
COCO WILL HAVE BOTH ROUTINE AND UNSCHEDULED ACCESS TO THE MONITOR
STATION. THE INSTALLATION OF EQUIPMENT MODIFICATION KITS WHICH ARE
PERIODICALLY ISSUED BY THE USCG WILL BE PERFORMED BY PTA; ALL MATERIALS
REQUIRED FOR THESE KITS WILL BE PROVIDED BY THE USCG AT NO COST TO PTA.
VI. MAINTENANCE AND REPAIR. ALL MAINTENANCE AND REPAIR OF
LORMONSTAKEF EQUIPMENT AND FACILITIES WILL BE PERFORMED BY PTA. PARTS,
TOOLS AND EQUIPMENT FOR THIS PURPOSE WILL BE PROCURED BY PTA BY THE MOST
EXPEDIENT AND/OR ECONOMICAL METHOD, IN ACCORDANCE WITH THE "LOGISTICS"
SECTION OF THIS ARRANGEMENT. THE SERVICES OF U.S. "HOST" FACILITIES
WITH WHICH LORMONSTAKEF HAS ENTERED INTO SUPPORT AGREEMENTS WILL BE
UTILIZED TO THE MAXIMUM POSSIBLE EXTENT.
VII. FACILITIES AND EQUIPMENT. LORMONSTAKEF CONSISTS OF ALLOCATED
SPACES IN BUILDINGS 1650 AND T-2453, U.S. NAVAL STATION, KEFLAVIK, AND
ALL EQUIPMENT AND OFFICE FURNISHINGS STORED OR INSTALLED THEREIN. ALL
SUCH FURNISHINGS AND EQUIPMENT REMAIN THE PROPERTY OF THE UNITED STATES,
EXCEPT THOSE ITEMS PROVIDED BY PTA FOR WHICH THE USCG IS NOT BILLED.
THE USCG WILL FURNISH ALL TOOLS, EQUIPMENT AND FURNISHINGS REQUIRED FOR
THE OPERATION AND MAINTENANCE OF THE LORMONSTA. PTA WILL ESTABLISH
INVENTORY PROCEDURES SUCH THAT ALL ITEMS PROVIDED BY THE UNITED STATES
ARE ACCOUNTED FOR; ALL SUCH ITEMS WILL BE DISPOSED OF AS DIRECTED BY
THE USCG WHEN NO LONGER REQUIRED. ALL SUCH UNITED STATES PROPERTY,
EQUIPMENT, BOOKS, TOOLS, ETC., IN THE POSSESSION OF PTA OR ITS EMPLOYEES
MAY NOT BE DISPOSED OF OR PLACED ON LOAN TO ANY AGENCY OR ACTIVITY
WITHOUT PRIOR WRITTEN APPROVAL OF THE USCG. REQUIREMENTS FOR NEW OR
ADDITIONAL FACILITIES AND/OR CHANGES TO EXISTING FACILITIES WILL BE
SUBMITTED BY PTA TO THE USCG FOR REVIEW AND PROGRAMMING AS NECESSARY.
WHEN SUCH PROJECTS ARE APPROVED AND FUNDED, ACCOMPLISHMENT WILL BE IN
ACCORDANCE WITH THE TERMS OF THE DEFENSE AGREEMENT OF 1951, AS AMENDED,
AND WITH THE REGULATIONS OF THE NAVAL STATION COMMANDER.
VIII. CUSTOMS DUTIES AND TAXES. SPARE PARTS, MATERIALS, EQUIPMENT
AND CONSUMABLES PROVIDED THROUGH UNITED STATES SOURCES WHICH ARE
REQUIRED FOR THE CONTINUED OPERATION AND MAINTENANCE OF LORMONSTAKEF OR
FOR THE CONSTRUCTION OF NEW FACILITIES WILL BE AUTHORIZED ENTRY INTO
ICELAND FREE OF ALL CUSTOMS DUTIES, TAXES, OR SIMILAR IMPORT LEVIES.
IX. PERSONNEL. PTA WILL PROVIDE CAPABLE PERSONNEL FOR THE CONTINUED
OPERATION OF LORMONSTAKEF, AND FOR ALL MAINTENANCE AND REPAIR WORK NOT
COVERABLE BY SUPPORT AGREEMENT SERVICES OF THE U.S. "HOST" FACILITIES.
PTA WILL RECRUIT, SUPERVISE AND MANAGE ALL PERSONNEL EMPLOYED FOR THE
OPERATION OF LORMONSTAKEF. RATES OF PAY WILL CONFORM TO SCALES
ESTABLISHED BY THE ICELANDIC GOVERNMENT; THE GRADE LEVEL OF EACH
POSITION WILL BE MUTUALLY AGREED UPON BY PTA AND THE USCG; ANY OR ALL
GRADE LEVELS OR COMPLEMENTS MAY BE MUTUALLY REVIEWED AT ANY TIME AT THE
REQUEST OF EITHER PTA OR THE USCG.
X. BUDGETARY AND REIMBURSEMENT PROCEDURES. PTA WILL BE REIMBURSED BY
THE USCG FOR ALL FUNDS EXPENDED INCIDENTAL TO THE MANNING, OPERATION,
AND MAINTENANCE OF LORMONSTAKEF, AND FOR SERVICES UTILIZED IN THE DIRECT
SUPPORT OF LORMONSTAKEF. PTA WILL PREPARE AND SUBMIT, BY 1 NOVEMBER
EACH YEAR, A BUDGET OF ALL ANTICIPATED COSTS TO BE INCURRED DURING THE
FORTHCOMING CALENDAR YEAR FOR THE OPERATION AND MAINTENANCE OF THE
MONITOR STATION. BILLINGS FOR THE REIMBURSEMENT OF FUNDS ACTUALLY USED
BY THE PTA IN THE PERFORMANCE OF THEIR RESPONSIBILITIES UNDER THIS
ARRANGEMENT WILL BE SUBMITTED QUARTERLY TO THE USCG, AND IMMEDIATELY
PROCESSED FOR PAYMENT. THE FORMAT FOR THE BUDGET AND FOR BILLINGS WILL
BE AS MUTUALLY AGREED BY PTA AND THE USCG. REIMBURSEMENT TO PTA MAY BE
IN EITHER U.S. DOLLARS OR AN EQUIVALENT AMOUNT OF ICELANDIC KRONUR AT
THE OPTION OF THE USCG, EXCEPT THAT PAYMENT OF THE EXPENSES OF PERSONNEL
UNDERGOING TRAINING IN THE UNITED STATES WILL BE IN U.S. DOLLARS. PTA
MAY, AT THEIR OPTION, REQUEST AN ADVANCE OF FUNDS WITHOUT INTEREST NOT
TO EXCEED THE ESTIMATED OPERATING EXPENSES FOR A THREE MONTH PERIOD,
AND/OR THE ESTIMATED TRAVEL AND PER DIEM EXPENSES OF ICELANDIC EMPLOYEES
UNDERGOING TRAINING IN THE UNITED STATES. THESE ADVANCES WILL BE
LIQUIDATED UPON RECEIPT AND APPROVAL BY THE USCG OF BILLINGS FOR ACTUAL
COSTS INCURRED BY PTA.
XI. TRAINING. THE USCG WILL PROVIDE TRAINING IN THE OPERATION AND
REPAIR OF SPECIALIZED LORAN-C MONITORING AND COMMUNICATIONS EQUIPMENT AS
REQUIRED, FOR ALL STATION TECHNICIANS AND ONE TECHNICAL SUPERVISOR. PER
DIEM, TRAVEL, AND TUITION EXPENSES WILL BE PAID BY THE USCG AS PROVIDED
ABOVE.
XII. LOGISTICS. SPARE PARTS, MATERIALS, EQUIPMENT, CONSUMABLES,
OFFICE SUPPLIES, AND OTHER ITEMS REQUIRED FOR THE OPERATION,
MAINTENANCE, OR REPAIR OF FACILITIES OF LORMONSTAKEF WILL BE PROCURED BY
THE MOST ECONOMICAL MEANS, UTILIZING LOCAL SOURCES, U.S. LOGISTICS
CHANNELS AND/OR SUPPORT AGREEMENTS WITH ELEMENTS OF U.S. DEPARTMENT OF
DEFENSE WHENEVER POSSIBLE. THE USCG WILL ESTABLISH PROCEDURES FOR
PROCUREMENT VIA U.S. CHANNELS. MATERIALS NOT NORMALLY AVAILABLE BY
THESE MEANS, OR REQUIRED FOR RAPID RECOUPMENT OF INOPERATIVE STATION
EQUIPMENT, WILL BE PROCURED BY THE MOST EXPEDIENT AND ECONOMICAL
SOURCES. HIGH VALUE REPARABLE EQUIPMENT WHICH CANNOT BE REPAIRED
LOCALLY WILL BE PROPERLY STORED, PACKED AND RETURNED TO THE APPROPRIATE
FACILITY IN THE UNITED STATES FOR REPAIR AND/OR CALIBRATION, AS
REQUIRED. INCOMING MAIL MAY BE PROCESSED THROUGH THE NAVAL STATION
FLEET POST OFFICE; OUTGOING MAIL WILL BE PROCESSED THROUGH
INTERNATIONAL OR INTERNAL MAIL SYSTEMS AS APPROPRIATE.
XIII. SECURITY. PTA WILL BE RESPONSIBLE FOR SECURITY WITHIN THE
LORMONSTAKEF BUILDING SPACES, AND FOR THE PROTECTION OF U.S. FURNISHED
PROPERTY. PTA WILL ESTABLISH THE NECESSARY CONTROLS TO PREVENT
MALICIOUS DAMAGE OR SABOTAGE TO THE MONITOR STATION. PTA WILL COMPLY
WITH ALL U.S. NAVAL STATION SECURITY REGULATIONS, AND WILL COOPERATE AT
ALL TIMES WITH NAVAL STATION SECURITY FORCES. CONTROL OF VISITORS TO
LORMONSTAKEF WILL BE EXERCISED BY PTA.
XIV. CLAIMS. CLAIMS AGAINST THE UNITED STATES OR THE GOVERNMENT OF
ICELAND BROUGHT ABOUT FROM DAMAGE TO OR LOSS OF PROPERTY, INJURY OR
DEATH WILL BE PASSED TO THE APPROPRIATE GOVERNMENT FOR ACTION IN
ACCORDANCE WITH THE PROVISIONS OF THE 1951 DEFENSE AGREEMENT, AS
AMENDED.
XV. TERMINATION. AFTER THE PRESENT ARRANGEMENT HAS BEEN IN EFFECT
FOR A PERIOD OF TWO YEARS FROM ITS EFFECTIVE DATE, THE PARTIES MAY
CONSULT AT THE REQUEST OF ONE OF THEM WITH REGARD TO THE CONTINUATION OF
OPERATION OF LORMONSTAKEF. IF THE PARTIES CANNOT COME TO AGREEMENT ON
THE CONTINUATION OF OPERATION WITH A PERIOD OF ONE YEAR FOLLOWING
REQUEST FOR CONSULTATION, THE STATION SHALL CEASE OPERATION AFTER ONE
YEAR'S NOTICE BY THE INTERESTED PARTY. ALL U.S. FURNISHED EQUIPMENT MAY
THEN BE REMOVED OR OTHERWISE DISPOSED OF BY THE USCG.
XVI. EFFECTIVE DATE. THIS ARRANGEMENT SHALL BECOME EFFECTIVE 1 JULY
1976.
IN WITNESS WHEREOF, THE PARTIES HERETO HAVE EXECUTED THIS AGREEMENT:
(S) J. SKULASSON
(TITLE)
DIRECTOR GENERAL, ICELANDIC POST
AND TELECOMMUNICATIONS ADMINISTRATION
1975-09-09
ICELAND 9 SEP 1975 FLITE DOCUMENT NO. 7900057
SUPPLEMENTAL ARRANGEMENT NO. 4 EXECUTED 9 SEPTEMBER 1975.
SUPPLEMENTAL ARRANGEMENT NO. 4 TO ARRANGEMENT FOR A LONG RANGE AID TO
NAVIGATION STATION AT SANDUR, ICELAND, OF 27 JANUARY 1959. SUPERSEDES
SUPPLEMENTAL ARRANGEMENT NO. 3 TO THE BASIC ARRANGEMENT AND AMENDMENTS
THERETO. ARRANGEMENT ASSIGNS RESPONSIBILITY FOR OPERATING AND
MAINTAINING SANDUR STATION FACILITIES AND EQUIPMENT, INCLUDING
COMMUNICATIONS AND ELECTRONICS FACILITIES AND EQUIPMENT.
SUPPLEMENTAL ARRANGEMENT NO. 4 TO "ARRANGEMENT FOR A LONG
RANGE AID TO NAVIGATION STATION AT SANDUR (SNAEFELLSNES),
ICELAND, IN ACCORDANCE WITH THE DEFENSE AGREEMENT OF 1951
DATED 27 JANUARY 1959.
I. BASIS. THIS SUPPLEMENT SUPERSEDES "SUPPLEMENTAL ARRANGEMENT NO.
3" TO THE BASIC ARRANGEMENT, AND AMENDMENTS THERETO. THIS ARRANGEMENT
IS MADE BETWEEN THE UNITED STATES, REPRESENTED BY THE UNITED STATES
COAST GUARD AND THE GOVERNMENT OF ICELAND, REPRESENTED BY THE POST AND
TELECOMMUNICATIONS ADMINISTRATION OF ICELAND. THE LORAN "C" STATION
SPECIFIED IN THE BASIC ARRANGEMENT, DATED 27 JANUARY 1959, AND THE
COLOCATED NORTH ATLANTIC TREATY ORGANIZATION (NATO) LORAN "A" STATION AT
SANDUR WILL BE COMBINED FOR THIS ARRANGEMENT AND WILL HEREINAFTER BE
REFERRED TO AS THE "SANDUR LORAN STATION".
II. PURPOSE. THIS ARRANGEMENT UPDATES SUPPLEMENTAL ARRANGEMENT NO.
3, WHICH ASSIGNED THE RESPONSIBILITY FOR OPERATING AND MAINTAINING
STATION FACILITIES AND EQUIPMENT, INCLUDING COMMUNICATIONS AND
ELECTRONICS FACILITIES AND EQUIPMENT, FROM THE UNITED STATES COAST GUARD
TO THE POST AND TELECOMMUNICATIONS ADMINISTRATION AND DELINEATED THE
FUNCTIONS AND RESPONSIBILITIES OF EACH AGENCY.
III. GENERAL. IN ACCORDANCE WITH THE MEMORANDUM OF UNDERSTANDING
BETWEEN THE UNITED STATES AND THE GOVERNMENT OF ICELAND, DATED 6
NOVEMBER 1959, THE UNITED STATES WILL CONTINUE TO ASSUME HOST NATION
RESPONSIBILITIES FOR THE LORAN "A" PORTION OF THE STATION WITH RESPECT
TO CO-ORDINATION (FINANCIAL, TECHNICAL AND OTHERWISE) WITH NATO AND USER
NATIONS AND WITH OTHER GOVERNMENTS PARTICIPATING IN THE LORAN "A" SYSTEM
OPERATION. OPERATING AND MAINTAINING SANDUR LORAN STATION WILL BE THE
RESPONSIBILITY OF THE GOVERNMENT OF ICELAND. SANDUR LORAN STATION
CONSISTS OF ALL FACILITIES HEREIN DESCRIBED WHICH HAVE BEEN CONSTRUCTED
UPON AN AGREED AREA PROVIDED BY THE GOVERNMENT OF ICELAND IN ACCORDANCE
WITH ARTICLE I OF THE GENERAL ANNEX TO THE UNITED STATES - ICELAND
DEFENSE AGREEMENT OF 5 MAY 1951. OWNERSHIP OF THE VARIOUS FACILITIES
RESTS WITH THE AGENCY THAT PROVIDED THESE INSTALLATIONS. LORAN "C"
FACILITIES REMAIN THE PROPERTY OF THE UNITED STATES AND AND LORAN "A"
FACILITIES REMAIN THE PROPERTY OF NATO. THIS AREA REMAINS AN AGREED
AREA IN CONSONANCE WITH THE 1951 DEFENSE AGREEMENT BETWEEN THE UNITED
STATES AND ICELAND.
THE UNITED STATES COAST GUARD RETAINS THE RIGHT TO ASSIGN AN OFFICER
OR AGENT DESIGNATED BY THE UNITED STATES COAST GUARD AS RESIDENT UPON
THE STATION TO CO-ORDINATE ALL MATTERS BETWEEN THE UNITED STATES COAST
GUARD AND THE POST AND TELECOMMUNICATIONS ADMINISTRATION.
IV. OPERATION AND MAINTENANCE RESPONSIBILITY. THE RESPONSIBILITY
FOR OPERATION AND MAINTENANCE OF SANDUR LORAN STATION IS CONSTRUED, FOR
THE PURPOSE OF THIS ARRANGEMENT, AS THE RESPONSIBILITY TO TAKE ALL
NECESSARY AND PRACTICABLE ACTIONS, WITHIN THE LIMITATIONS OF THIS
ARRANGEMENT, REQUIRED TO MAINTAIN CONTINUOUS RADIATION OF LORAN SIGNALS
OF PRESCRIBED SPECIFICATIONS IN SYNCHRONISM WITH THE PAIRED STATIONS.
THIS RESPONSIBILITY INCLUDES ALL PERSONNEL TRANSACTIONS AND PROCEDURES
INVOLVING ICELANDIC PERSONNEL REQUIRED FOR WATCHSTANDING AND
SATISFACTORY EQUIPMENT AND STATION MAINTENANCE, MAINTENANCE OF STATION
FACILITIES AND EQUIPMENT, MAINTENANCE OF AN ADEQUATE SUPPLY OF PARTS AND
MATERIAL, PREPARATION OF BUDGET ESTIMATES, AND ALL GENERAL
ADMINISTRATIVE FUNCTIONS AND DUTIES.
V. CUSTOMS DUTIES, TAXES, ETC. SPARE PARTS, MATERIALS, EQUIPMENT AND
PETROLEUM PRODUCTS PROVIDED BY THE UNITED STATES THAT ARE REQUIRED AND
USED FOR THE CONTINUED OPERATION AND MAINTENANCE OF THE SANDUR LORAN
STATION AND CONSTRUCTION OF NEW FACILITIES UPON THE AGREED AREA ARE
AUTHORIZED ENTRY INTO ICELAND FREE OF ALL CUSTOMS DUTIES, TAXES, OR
OTHER SIMILAR CHARGES.
VI. FACILITIES. THE SANDUR LORAN STATION CONSISTS OF ALL BUILDINGS
STRUCTURES, FENCES, ROADWAYS, IMPROVED GROUNDS, ANTENNAS, UTILITY PLANTS
AND SYSTEMS, WASTE COLLECTION AND DISPOSAL AREAS, ETC., WHICH HAVE BEEN
CONSTRUCTED WITHIN THE BOUNDARIES OF THE AGREED AREA. THE UNITED STATES
AND NATO HAVE FURNISHED HOUSING WITHIN THE AGREED AREA, TO THE EXTENT OF
TWENTY (20) FAMILY TYPE APARTMENT UNITS, FOR USE BY ICELANDIC PERSONNEL
EMPLOYED BY THE POST AND TELECOMMUNICATIONS ADMINISTRATION TO PERFORM
THE OPERATION AND MAINTENANCE FUNCTIONS OF THE SANDUR LORAN STATION.
ASSIGNMENT OF QUARTERS WILL BE ADMINISTERED BY THE POST AND
TELECOMMUNICATIONS ADMINISTRATION.
VII. CONSTRUCTION, MAINTENANCE, AND REPAIRS. REQUIREMENTS FOR NEW
OR ADDITIONAL FACILITIES AND/OR CHANGES TO EXISTING FACILITIES WILL BE
SUBMITTED TO COMMANDER, COAST GUARD ACTIVITIES, EUROPE IN COMPLETE
DETAIL FOR REVIEW AND TRANSMISSION TO HIGHER COAST GUARD AUTHORITY.
AFTER APPROVAL AND ALLOCATION OF NECESSARY FUNDS, PROJECT ACCOMPLISHMENT
SHALL BE IN ACCORDANCE WITH TERMS OF THE DEFENSE AGREEMENT OF 1951, AND
ANY SUPPLEMENTS THERETO.
MAINTENANCE AND REPAIRS TO EXISTING FACILITIES WILL BE PERFORMED BY
THE POST AND TELECOMMUNICATIONS ADMINISTRATION IN A MANNER TO ENSURE
THAT FACILITIES ARE READILY AVAILABLE AND USABLE AT ALL TIMES.
IN ORDER TO KEEP LORAN EQUIPMENT UP-TO-DATE AND ITS OPTIMUM
PERFORMANCE CAPABILITIES, OCCASIONAL MINOR IMPROVEMENTS WILL BE ISSUED
BY THE UNITED STATES COAST GUARD AS FIELD CHANGES. THE INSTALLATION OF
THESE MODIFICATION KITS ARE CONSIDERED A NORMAL MAINTENANCE FUNCTION AND
WILL BE PERFORMED BY THE ICELANDIC TECHNICIANS AT SANDUR. COSTS
RESULTING FROM THESE MODIFICATIONS WILL BE BORNE BY THE UNITED STATES
COAST GUARD.
VIII. PERSONNEL. THE POST AND TELECOMMUNICATIONS ADMINISTRATION
ASSUMES FULL RESPONSIBILITY FOR THE OPERATION AND MAINTENANCE OF THE
SANDUR LORAN STATION AND WILL PROVIDE CAPABLE PERSONNEL FOR THIS
PURPOSE. ACCEPTANCE AND APPROVAL BY THE UNITED STATES COAST GUARD AND
NATO USER NATIONS OF THE STATION OPERATING AND MAINTENANCE BUDGET
ESTIMATES, AS SUBMITTED BY THE POST AND TELECOMMUNICATIONS
ADMINISTRATION, WILL BE CONSIDERED AS COAST GUARD AND NATO USER NATION
CONCURRENCE WITH THE POST AND TELECOMMUNICATION ADMINISTRATION PERSONNEL
REQUIREMENTS FOR THE STATION. PERIODIC VISITS BY UNITED STATES COAST
GUARD OR NATO REPRESENTATIVES WILL BE PERMITTED AS NECESSARY TO ASSURE
PROPER FUNCTIONING OF THE STATION IN CONJUNCTION WITH OTHER STATIONS OF
THE LORAN SYSTEM.
IX. EQUIPMENT. THE UNITED STATES AND NATO WILL FURNISH ALL MAJOR
EQUIPMENT REQUIRED FOR OPERATION AND MAINTENANCE OF THE SANDUR LORAN
STATION. SMALL ITEMS, SUCH AS HAND TOOLS AND EXPENDABLE MATERIALS, MAY
BE SUPPLIED EITHER BY THE COAST GUARD OR BY PURCHASE AS NECESSARY BY THE
POST AND TELECOMMUNICATIONS ADMINISTRATION, WHICHEVER IS MORE
ECONOMICAL. THE POST AND TELECOMMUNICATIONS ADMINISTRATION WILL
ESTABLISH INVENTORY PROCEDURES, AND ISSUE INSTRUCTIONS AS NECESSARY, TO
MINIMIZE LOSS OR DAMAGE TO UNITED STATES AND NATO PROPERTY, INCLUDING
PROPERTY PURCHASED WITH REIMBURSABLE FUNDS.
X. DISPOSAL. NATO AND UNITED STATES PROPERTY, EQUIPMENT, BOOKS, HAND
TOOLS, ETC., IN THE POSSESSION OF THE POST AND TELECOMMUNICATIONS
ADMINISTRATION OR ITS EMPLOYEES, MAY NOT BE DISPOSED OF, SOLD, OR PLACED
ON LOAN TO ANY AGENCY OR ACTIVITY WITHOUT PRIOR APPROVAL OF THE UNITED
STATES COAST GUARD.
XI. TRAINING. THE UNITED STATES COAST GUARD WILL PROVIDE TECHNICAL
TRAINING FOR POST AND TELECOMMUNICATIONS ADMINISTRATION REPLACEMENT
PERSONNEL IN THE OPERATION AND MAINTENANCE OF ELECTRONICS EQUIPMENT FOR
LORAN "A" AND LORAN "C", AS REQUIRED. PERSONNEL REQUIRED TO PERFORM
OTHER SKILLS AND CRAFTS WILL BE FULLY QUALIFIED PRIOR TO EMPLOYMENT.
XII. ANCILLARY SERVICES. CONTINUOUS RELIABLE COMMUNICATIONS TO THE
VARIOUS STATIONS COMPRISING THE LORAN SYSTEM IS REQUIRED, OF WHICH THE
SANDUR LORAN STATION IS PART. THE POST AND TELECOMMUNICATIONS
ADMINISTRATION WILL BE RESPONSIBLE FOR THE MAINTENANCE OF COMMUNICATIONS
RELIABILITY, UTILIZING EQUIPMENT AND FACILITIES AS MAY BE NECESSARY.
THE LORAN "C" MONITOR STATION REFERRED TO IN PARAGRAPH 11 OF THE
BASIC ARRANGEMENT, DATED 27 JANUARY 1959, HAS BEEN DISCONTINUED.
XIII. OPERATIONAL CONTROL. THE UNITED STATES COAST GUARD RETAINS
RESPONSIBILITY FOR CO-ORDINATION AND TECHNICAL REGULATION OF THE LORAN
"C" SYSTEM OF WHICH THE SANDUR LORAN STATION IS A PART. COMMANDER,
COAST GUARD ACTIVITIES, EUROPE WILL ISSUE TIMELY TECHNICAL INSTRUCTIONS
AND RECOMMENDATIONS, AS NECESSARY, FOR CO-ORDINATED RELIABLE SYSTEM
OPERATION, WHICH WILL BE FOLLOWED BY THE POST AND TELECOMMUNICATIONS
ADMINISTRATION. REPORTS REQUIRED BY THE UNITED STATES COAST GUARD
REFLECTING THE PROPER FUNCTIONING OF THE SYSTEM WILL BE PREPARED AND
SUBMITTED BY THE SANDUR LORAN STATION, UNDER THE DIRECTION OF THE POST
AND TELECOMMUNICATIONS ADMINISTRATION, IN ACCORDANCE WITH UNITED STATES
COAST GUARD INSTRUCTIONS.
CO-ORDINATION OF THE LORAN "A" SYSTEM, OF WHICH THE SANDUR LORAN
STATION IS A PART, WILL BE AS SPECIFIED IN SACLANT LETTER, SERIAL 1093,
DATED 27 OCTOBER 1960, WHICH IS ATTACHED AND MADE A PART OF THIS
ARRANGEMENT.
XIV. BUDGETARY CONSIDERATIONS. IN ADDITION TO THE BUDGETARY
CONSIDERATIONS CONTAINED IN PARAGRAPH 10 OF THE BASIC ARRANGEMENT, THE
POST AND TELECOMMUNICATIONS ADMINISTRATION WILL BE REIMBURSED BY THE
UNITED STATES COAST GUARD FOR ALL FUNDS EXPENDED INCIDENTAL TO THE
OPERATION AND MAINTENANCE OF THE STATION, AND SERVICES USED IN SUPPORT
OF THE STATION, AS DEFINED IN THIS ARRANGEMENT. BILLINGS FOR
REIMBURSEMENT OF FUNDS USED BY THE POST AND TELECOMMUNICATIONS
ADMINISTRATION IN PERFORMANCE OF ITS FUNCTIONS WILL BE PREPARED AND
SUBMITTED QUARTERLY TO THE UNITED STATES COAST GUARD. ADDITIONALLY, THE
POST AND TELECOMMUNICATIONS ADMINISTRATION WILL PREPARE AND SUBMIT
ANNUALLY TO THE UNITED STATES COAST GUARD AN ESTIMATE OF COSTS FOR
OPERATION AND MAINTENANCE OF THE SANDUR LORAN STATION DURING THE
FOLLOWING YEAR. THIS BUDGET ESTIMATE WILL BE SUBMITTED BY 1 NOVEMBER OF
EACH YEAR, COVERING THE FOLLOWING CALENDAR YEAR.
REIMBURSEMENT TO THE POST AND TELECOMMUNICATIONS ADMINISTRATION MAY
BE IN U.S. DOLLARS OR AN EQUIVALENT AMOUNT OF ICELANDIC CURRENCY, EXCEPT
THAT PAYMENT OF EXPENSES OF PERSONNEL UNDERGOING TRAINING OUTSIDE OF
ICELAND IN A TRAINING STATUS WILL BE PAID IN UNITED STATES DOLLARS. TO
FINANCE THE OPERATION OF THE SANDUR LORAN STATION, THE GOVERNMENT OF
ICELAND MAY REQUEST AN ADVANCE OF FUNDS FROM THE UNITED STATES WITHOUT
INTEREST NOT IN EXCESS OF THE ESTIMATED OPERATING OCSTS FOR THREE MONTHS
AND THE ESTIMATED PER DIEM EXPENSES OF ICELANDIC TRAINEES WHILE IN THE
UNITED STATES. THESE ADVANCES WILL BE LIQUIDATED ON RECEIPT AND
APPROVAL BY THE UNITED STATES OF BILLINGS FOR ACTUAL COSTS IN EXCESS OF
THE ADVANCE OF FUNDS OR WILL REFUND OR CREDIT THE UNDISBURSED BALANCE OF
THE ADVANCE TO THE UNITED STATES.
XV. LOGISTICS. SPARE PARTS, MATERIALS, EQUIPMENT, MISCELLANEOUS
SUPPLIES, AND SERVICES NECESSARY TO ENSURE FULLY OPERATIONAL FACILITIES
WILL BE PROCURED FROM THE MOST EXPEDIENT AND ECONOMICAL SOURCES. ITEMS
REQUIRED AND NOT READILY AVAILABLE FROM NORMAL POST AND
TELECOMMUNICATIONS ADMINISTRATION SOURCES MAY BE OBTAINED THROUGH UNITED
STATES LOGISTIC CHANNELS. REQUISITIONS FOR THESE MATERIALS WILL BE
PREPARED BY THE POST AND TELECOMMUNICATIONS ADMINISTRATION AND SUBMITTED
TO THE APPROPRIATE UNITED STATES COAST GUARD COMMAND FOR ENTRY INTO THE
UNITED STATES LOGISTIC SYSTEM.
HIGH VALUE REPAIRABLE EQUIPMENT WHICH CANNOT BE REPAIRED ON THE
STATION WILL BE PROPERLY STORED, PACKED, AND RETURNED TO THE UNITED
STATES, OR DESIGNATED REPAIR FACILITY, FOR REPAIRS AND/OR CALIBRATION,
AS REQUIRED.
ALL PETROLEUM PRODUCTS USED BY THE STATION FOR HEATING, COOKING,
ELECTRIC POWER PRODUCTION, OPERATION OF VEHICLES AND GROUND POWERED
EQUIPMENT WILL BE FURNISHED BY THE UNITED STATES. PACKAGED PETROLEUM
PRODUCTS REQUIRED FOR THE STATION MAY BE PURCHASED IN ICELAND BY THE
POST AND TELECOMMUNICATIONS ADMINISTRATION.
THE POST AND TELECOMMUNICATIONS ADMINISTRATION WILL PROVIDE
TRANSPORTATION SERVICES FOR MOVEMENT OF MATERIALS, SUPPLIES, EQUIPMENT,
ETC., REQUIRED FOR THE OPERATION AND MAINTENANCE OF THE SANDUR LORAN
STATION. THIS INCLUDES MOVEMENT OF INCOMING CARGO FROM THE ICELANDIC
VENDOR OR PORT OF ENTRY FOR UNITED STATES FURNISHED ITEMS, AND
RETROGRADE CARGO FROM THE STATION TO VENDOR OR PORT OF EXIT FOR
SHIPMENTS TO THE UNITED STATES. BULK PETROLEUM PRODUCTS PROVIDED BY THE
UNITED STATES WILL BE DELIVERED TO STATION STORAGE TANKS AT UNITED
STATES EXPENSE, AS PRESCRIBED BY APPROPRIATE CONTRACTS AND AGREEMENTS.
XVI. SECURITY. THE GOVERNMENT OF ICELAND WILL BE RESPONSIBLE FOR
INTERNAL SECURITY AND PROTECTION OF UNITED STATES AND NATO FURNISHED
PROPERTY, AND WILL ESTABLISH NECESSARY CONTROLS TO PREVENT MALICIOUS
DAMAGE OR SABOTAGE TO THE SANDUR LORAN STATION.
CONTROL OF VISITORS TO THE SANDUR LORAN STATION WILL BE JOINTED
EXERCISED AND CO-ORDINATED BY THE POST AND TELECOMMUNICATIONS
ADMINISTRATION AND THE UNITED STATES COAST GUARD.
XVII. CLAIMS. CLAIMS AGAINST THE UNITED STATES AND/OR THE
GOVERNMENT OF ICELAND BROUGHT ABOUT FROM DAMAGES TO PROPERTY, INJURY, OR
DEATH OF MEMBERS OF THE UNITED STATES FORCES OR ICELANDIC NATIONALS WILL
BE PASSED TO THE APPROPRIATE GOVERNMENT FOR ACTION IN ACCORDANCE WITH
PROVISIONS OF THE 1951 DEFENSE AGREEMENT.
XVIII. SUPPLEMENTARY ARRANGEMENTS. WHERE PROVISIONS OF THIS
SUPPLEMENT CONFLICT WITH THOSE OF THE BASIC ARRANGEMENT, THE PROVISIONS
OF THIS SUPPLEMENT WILL APPLY.
XIX. TERMINATION. AFTER APPROVAL AND RATIFICATION, THIS
SUPPLEMENTAL AGREEMENT WILL CONTINUE IN EFFECT UNTIL TERMINATED BY
MUTUAL AGREEMENT, AS STATED IN PARAGRAPH 12 OF THE BASIC ARRANGEMENT.
XX. EFFECTIVE DATE. THIS ARRANGEMENT BECOMES EFFECTIVE UPON
SIGNATURE BY THE PARTIES TO SUBJECT ARRANGEMENT.
IN WITNESS WHEREOF, THE PARTIES HERETO HAVE EXECUTED THIS AGREEMENT
AS OF THE 9TH DAY OF SEPTEMBER 1975
(S) J. SKULASSON
DIRECTOR GENERAL, ICELANDIC POST
AND TELECOMMUNICATIONS ADMINISTRATION
ICELAND 19 JUN 1975 FLITE DOCUMENT NO. 7900056
MAIN GATE AGREEMENT EXECUTED 19 JUNE 1975.
AGREEMENT REPLACES MAIN GATE AGREEMENT OF 22 OCTOBER 1973, AS
AMENDED, WHICH EXPIRES 30 JUNE 1975.
THIS AGREEMENT MADE AND ENTERED INTO ON THIS 19TH DAY OF JUNE 1975,
BY AND BETWEEN THE UNITED STATES OF AMERICA, ACTING BY AND THROUGH THE
ICELAND DEFENSE FORCE, HEREINAFTER REFERRED TO AS THE DEFENSE FORCE, AND
THE REPUBLIC OF ICELAND, ACTING BY AND THROUGH ITS MINISTRY FOR FOREIGN
AFFAIRS, HEREINAFTER REFERRED TO AS ICELAND, WITNESSETH THAT:
WHEREAS, ICELAND HAS REQUESTED THAT MILITARY GUARDS AT THE MAIN GATE
AT KEFLAVIK AIRPORT BE REPLACED BY ICELANDIC POLICE OR ICELANDIC CUSTOMS
GUARDS, AND
WHEREAS, THE MILITARY GUARDS AT THE MAIN GATE WERE REPLACED BY
ICELANDIC POLICE OR CUSTOMS GUARDS ON 1 NOVEMBER 1973, AND
RECOGNIZING, THAT IT MAY BE TO THE BEST INTEREST OF THE DEFENSE FORCE
AND ICELAND IF CUSTOMS CONTROL AT THE MAIN GATE AT KEFLAVIK AIRPORT
CONTINUE TO BE MAINTAINED SOLELY BY ICELANDIC POLICE OR CUSTOMS GUARDS,
NOW THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS, PROMISES,
AND UNDERTAKINGS HEREINAFTER CONTAINED, THE PARTIES DO HEREBY AGREE AS
FOLLOWS:
ICELANDIC POLICE OR ICELANDIC CUSTOMS GUARDS WILL PERFORM ALL DUTIES
INCIDENT TO CUSTOMS CONTROL AT THE MAIN GATE OF KEFLAVIK AIRPORT
COMMENCING ON 1 JULY 1975.
THE DEFENSE FORCE WILL COMPENSATE ICELAND FOR PROVIDING ICELANDIC
POLICE OR CUSTOMS GUARDS TO ASSUME THE DEFENSE FORCE'S RESPONSIBILITIES
INCIDENT TO CUSTOMS CONTROL AT THE MAIN GATE. THE DEFENSE FORCE WILL
ALSO PROVIDE COMPENSATION FOR THE CLEANING OF THE BUILDINGS AT THE MAIN
GATE OR OTHERWISE PROVIDE FOR THE CLEANING, WITHIN ITS OWN RESOURCES, AT
THE OPTION OF THE DEFENSE FORCE. THIS COMPENSATION WILL BE PAID TO
ICELAND THROUGH THE CHIEF OF POLICE, KEFLAVIK AIRPORT, IN AN AMOUNT
WHICH WILL BE MUTUALLY AGREED TO BY THE COMMANDING OFFICER, U.S. NAVAL
STATION, KEFLAVIK, AND THE CHIEF OF POLICE, KEFLAVIK AIRPORT.
THIS AGREEMENT WILL CONTINUE IN EFFECT UNTIL TERMINATED BY THE
DEFENSE FORCE OR ICELAND.
THIS AGREEMENT MAY BE TERMINATED BY THE DEFENSE FORCE OR ICELAND UPON
THIRTY DAYS WRITTEN NOTICE, WITHOUT PREJUDICE TO THE RIGHTS AND
LIABILITIES ACCRUED PRIOR TO THE DATE OF SUCH TERMINATION. EITHER PARTY
MAY REQUEST THAT THIS AGREEMENT BE REVIEWED AT ANY TIME.
POLICE AUTHORITIES OF THE DEFENSE FORCE AND KEFLAVIK AIRPORT SHALL
CONTINUE TO COOPERATE IN THE ADMINISTRATION AND OPERATION OF THE MAIN
GATE IN THE SAME MANNER AS THEY COOPERATED PRIOR TO THE CONSUMMATION OF
THIS AGREEMENT.
THIS AGREEMENT SHALL NOT CONSTITUTE A PRECEDENT OR BIND EITHER PARTY
TO MAKE SIMILAR AGREEMENTS IN THE FUTURE.
THIS AGREEMENT REPLACES THE MAIN GATE AGREEMENT OF 22 OCTOBER 1973,
AS AMENDED, WHICH EXPIRES ON 30 JUNE 1975.
THE DUTIES, RIGHTS AND OBLIGATIONS OF THE UNITED STATES AND ICELAND
UNDER THE DEFENSE AGREEMENT PURSUANT TO THE NORTH ATLANTIC TREATY
BETWEEN THE UNITED STATES OF AMERICA AND THE REPUBLIC OF ICELAND DATED 5
MAY 1951 REMAIN UNALTERED BY THIS AGREEMENT.
IN WITNESS WHEREOF, ICELAND AND THE UNITED STATES HAVE CAUSED THIS
AGREEMENT TO BE EXECUTED BY THEIR DULY CONSTITUTED OFFICERS THIS 19TH
DAY OF JUNE 1975.
REPRESENTING THE GOVERNMENT
OF THE REPUBLIC OF ICELAND
PALL ASG. TRYGGVASON
ICELANDIC CHAIRMAN
ICELANDIC-UNITED STATES
DEFENSE COUNCIL
HONDURAS, REPUBLIC OF 9 MAY 1974 FLITE DOCUMENT NO. 7900055
PROPOSED AGREEMENT BY EXCHANGE OF NOTES, EXECUTED 9 MAY 1974. RETURN
NOTE NOT AVAILABLE (MISSING).
PROPOSED AGREEMENT REGARDING THE FURNISHING OF DEFENSE ARTICLES TO
THE REPUBLIC OF HONDURAS ON A GRANT BASIS, WHEREBY THE GOVERNMENT OF
HONDURAS SHALL PAY TO THE UNITED STATES THE NET PROCEEDS OF SALE
RECEIVED BY THE GOVERNMENT OF HONDURAS IN DISPOSING OF DEFENSE ARTICLES
SO FURNISHED.
NO. 053
THE EMBASSY OF THE UNITED STATES OF AMERICA PRESENTS ITS COMPLIMENTS
TO THE MINISTRY OF FOREIGN RELATIONS OF THE REPUBLIC OF HONDURAS AND HAS
THE HONOR TO REFER TO RECENT DISCUSSIONS BETWEEN REPRESENTATIVES OF THE
TWO GOVERNMENTS REGARDING A NEW PROVISION OF UNITED STATES LAW WHICH
PROHIBITS THE UNITED STATES GOVERNMENT FROM FURNISHING DEFENSE ARTICLES
ON A GRANT BASIS TO THE GOVERNMENT OF HONDURAS, OR ANY OTHER GOVERNMENT,
UNLESS THE GOVERNMENT OF HONDURAS SHALL HAVE AGREED TO PAY TO THE UNITED
STATES GOVERNMENT THE NET PROCEEDS OF SALE RECEIVED BY THE GOVERNMENT OF
HONDURAS IN DISPOSING OF DEFENSE ARTICLES SO FURNISHED.
IN ACCORDANCE WITH THE NEW STATUTORY PROVISION, IT IS PROPOSED THAT
THE GOVERNMENT OF HONDURAS AGREE THAT THE NET PROCEEDS OF SALE RECEIVED
BY THE GOVERNMENT OF HONDURAS IN DISPOSING OF ANY WEAPON, WEAPONS
SYSTEM, MUNITION, AIRCRAFT, MILITARY BOAT, MILITARY VESSEL, OR OTHER
DEFENSE ARTICLE, INCLUDING SCRAP FROM ANY SUCH DEFENSE ARTICLE, RECEIVED
HERETOFORE OR HEREAFTER UNDER THE MILITARY ASSISTANCE PROGRAM OF THE
UNITED STATES GOVERNMENT WILL BE PAID TO THE UNITED STATES GOVERNMENT
AND SHALL BE AVAILABLE TO PAY ALL OFFICIAL COST OF THE UNITED STATES
GOVERNMENT PAYABLE IN THE CURRENCY OF THE GOVERNMENT OF HONDURAS,
INCLUDING ALL COSTS RELATING TO THE FINANCING OF INTERNATIONAL
EDUCATIONAL AND CULTURAL EXCHANGE ACTIVITIES IN WHICH THE GOVERNMENT OF
HONDURAS PARTICIPATES.
IT IS UNDERSTOOD THAT THIS AGREEMENT DOES NOT AFFECT ANY PRIOR
AGREEMENT BY THE GOVERNMENT OF HONDURAS TO RETURN TO THE UNITED STATES
GOVERNMENT ANY DEFENSE ARTICLES FURNISHED BY THE UNITED STATES
GOVERNMENT ON A GRANT BASIS WHEN SUCH ARTICLES ARE NO LONGER NEEDED FOR
THE PURPOSES FOR WHICH THEY WERE FURNISHED, WITHOUT THE CONSENT OF THE
UNITED STATES GOVERNMENT TO ANOTHER DISPOSITION.
IT IS FURTHER PROPOSED THAT THE MINISTRY'S REPLY STATING THAT THE
FOREGOING IS ACCEPTABLE TO THE GOVERNMENT OF HONDURAS SHALL, TOGETHER
WITH THIS NOTE, CONSTITUTE AN AGREEMENT BETWEEN OUR GOVERNMENTS ON THIS
SUBJECT, TO BE EFFECTIVE FROM AND AFTER JULY 1, 1974.
THE EMBASSY OF THE UNITED STATES OF AMERICA AVAILS ITSELF OF THIS
OPPORTUNITY TO RENEW TO THE MINISTRY OF FOREIGN RELATIONS THE ASSURANCE
OF ITS HIGHEST CONSIDERATION.
EMBASSY OF THE UNITED STATES OF AMERICA
TEGUCIGALPA, D.C. MAY 9, 1974
THIS IS A TRUE AND CORRECT COPY OF THE COPY OF THE ORIGINAL NOTE ON
FILE IN THE MISSION. THE ORIGINAL WAS INITIATED BY ROBERT DOGE DAVIS.
SIGNED (SIGNATURE ILLEGIBLE)
CERTIFYING OFFICER
FRANCE 12 JUN 1975 FLITE DOCUMENT NO. 7900054
EXCHANGE OF NOTES EXECUTED 12 JUNE 1975.
EXCHANGE OF NOTES REGARDING THE FINANCIAL CONSEQUENCES OF THE
DECISIONS REACHED BY THE FRENCH GOVERNMENT IN APPLICATION OF ITS
AIDE-MEMOIRES OF 10 AND 29 MARCH 1966, WHICH LED TO THE WITHDRAWAL OF
UNITED STATES MILITARY PERSONNEL, SUPPLIES AND EQUIPMENT FROM FRENCH
TERRITORY.
EXCELLENCY:
I HAVE THE HONOR TO ACKNOWLEDGE YOUR EXCELLENCY'S NOTE OF TODAY'S
DATE WHICH READS IN TRANSLATION AS FOLLOWS:
"MR. AMBASSADOR:
"I HAVE THE HONOR TO REFER TO THE RECENT TALKS BETWEEN
REPRESENTATIVES OF THE UNITED STATES GOVERNMENT AND THE FRENCH
GOVERNMENT REGARDING THE FINANCIAL CONSEQUENCES OF THE DECISIONS REACHED
BY THE FRENCH GOVERNMENT IN APPLICATION OF ITS AIDE-MEMOIRES OF MARCH 10
AND 29, 1966, WHICH LED TO THE WITHDRAWAL OF UNITED STATES MILITARY
PERSONNEL, SUPPLIES, AND EQUIPMENT FROM FRENCH TERRITORY.
"THE FRENCH GOVERNMENT PROPOSES THAT THE GOVERNMENT OF THE UNITED
STATES ACCEPT THE SUM OF U.S. DOLLARS 100 MILLION, PAYABLE IN FIVE EQUAL
PAYMENTS OF U.S. DOLLARS 20 MILLION EACH IN THE MONTH OF JUNE 1975 AND
IN THE MONTH OF JUNE OF THE FOUR SUCCEEDING YEARS, IN TOTAL SETTLEMENT
OF THE FINANCIAL CLAIMS SUBMITTED TO THE FRENCH GOVERNMENT IN ITS NOTE
OF SEPTEMBER 17, 1968, AND ITS MEMORANDUM OF JANUARY 14, 1969. THIS
LUMP SUM SETTLEMENT IS REACHED IN APPLICATION OF THE PROVISIONS OF THE
FRANCO-AMERICAN AGREEMENTS OF FEBRUARY 27, 1951, OCTOBER 4, 1952, JUNE
17, 1953, AND DECEMBER 8, 1958.
"IF THESE PROPOSALS ARE ACCEPTABLE TO YOUR GOVERNMENT, THE FRENCH
GOVERNMENT SUGGESTS THAT THIS NOTE AND THE REPLY THERETO SHALL
CONSTITUTE AN AGREEMENT BETWEEN OUR TWO GOVERNMENTS WHICH SHALL ENTER
INTO FORCE ON THE DATE OF THE LAST SIGNATURE."
I AM PLEASED TO INFORM YOU THAT THESE PROPOSALS ARE ACCEPTABLE TO AND
HAVE RECEIVED THE APPROVAL OF THE GOVERNMENT OF THE UNITED STATES.
ACCEPT, EXCELLENCY, THE RENEWED ASSURANCES OF MY HIGHEST
CONSIDERATION.
HIS EXCELLENCY
JEAN SAUVAGNARGUES
MINISTER OF FOREIGN AFFAIRS
PARIS
DEAR MR. MINISTER:
IN CONNECTION WITH THE NOTES WE HAVE SIGNED TODAY REGARDING THE FINAL
CONSEQUENCES OF THE DECISIONS REACHED BY THE FRENCH GOVERNMENT IN
APPLICATION OF ITS AIDE MEMOIRES OF MARCH 10 AND 29, 1966, WHICH LED TO
THE WITHDRAWAL OF UNITED STATES MILITARY PERSONNEL, SUPPLIES, AND
EQUIPMENT FROM FRENCH TERRITORY, I REQUEST THAT THE GOVERNMENT OF FRANCE
MAKE ITS ANNUAL PAYMENTS TO THE SECRETARY OF STATE BY DEPOSIT TO THE
CREDIT OF THE UNITED STATES DISBURSING OFFICER, REGIONAL FINANCE CENTER,
AMERICAN EMBASSY, PARIS, AT THE MORGAN GUARANTY TRUST COMPANY OF NEW
YORK, 14 PLACE VENDOME, PARIS.
CHILE 12 MAR 1976 FLITE DOCUMENT NO. 7900053
INTERNAL AGREEMENT EXECUTED 12 MARCH 1976.
FUEL EXCHANGE AGREEMENT BETWEEN THE U.S. NAVY AND THE CHILEAN NAVY
FOR CALENDAR YEAR 1976.
IN VALPARAISO ON THIS 12TH DAY OF MARCH, 1976, BETWEEN THE NAVY OF
CHILE, REPRESENTED BY THE DIRECTOR GENERAL OF SERVICES, AND THE U.S.
NAVY, REPRESENTED BY THE U.S. NAVAL ATTACHE IN CHILE, THE FOLLOWING IS
AGREED:
1. THE NAVY OF CHILE, IN ACCORDANCE WITH ITS CAPABILITIES, WILL
SUPPLY N.S.F.O. AND DIESEL OIL TO SHIPS OF THE U.S. NAVY IN CHILEAN
TERRITORIAL WATERS WHEN REQUESTED BY THE COMMANDING OFFICERS OF THESE
SHIPS, THE U.S. NAVY OBLIGING ITSELF TO RESTORE THE FUEL IN THE
FOLLOWING MANNER:
A) THE RESTITUTION OF N.S.F.O. AND DIESEL OIL MUST TAKE PLACE AT
RODMAN NAVAL BASE (PANAMA CANAL ZONE) OR ANY OTHER PLACE PREVIOUSLY
AGREED BY BOTH PARTIES.
B) FOR FUEL WITHDRAWALS BY CHILEAN FLEET OILERS FOR TRANSPORTATION TO
CHILEAN WATERS AND FOR LATER USE BY UNITS IN CHILE A COMPENSATION EQUAL
TO SIX PERCENT (6%) OF THE AMOUNT DELIVERED TO THE TANKER WILL BE
GRANTED. IN THIS CASE, THE AMOUNT SHIPPED WILL BE REGISTERED ON THE
BILL MINUS THE COMPENSATORY AMOUNT OF SIX PERCENT (6%).
C) IF FUEL IS WITHDRAWN FOR THE USE OF A SHIP PASSING THROUGH THE
CANAL, THE BILL WILL BE CONSIGNED FOR THE REAL AMOUNT OF THE VOLUME
DELIVERED.
D) IF THE FUEL IS PURCHASED FROM THE STOCKS OF THE U.S. NAVY, IT WILL
BE BILLED AT NAVY STANDARD PRICES.
E) FOR ALL THESE EFFECTS, THE BARREL IS ESTABLISHED AS THE BASE UNIT.
ADMINISTRATION OF THE AGREEMENT
1. DURING JOINT FLEET EXERCISES THE OFFICER IN TACTICAL COMMAND IS
RESPONSIBLE FOR THE ADMINISTRATION OF FUEL SALES AND EXCHANGES.
2. FOR ONE-TIME TRANSACTIONS THE U.S. NAVAL ATTACHE IN CHILE IS
RESPONSIBLE FOR THE ADMINISTRATION WHEN TRANSACTION TAKE PLACE WITHIN
CHILEAN WATERS OR WITH CHILEAN NAVAL VESSELS.
3. THE U.S. NAVY REGIONAL FINANCE CENTER (PAD), WASHINGTON D.C. IS
DESIGNATED AS THE ACCOUNTING AUTHORITY IN THE UNITED STATES FOR THIS
AGREEMENT.
4. ANNUALLY, DURING THE MONTH OF NOVEMBER, THE NAVY OF CHILE THROUGH
THE DIRECTOR GENERAL OF SERVICES WILL SEND TO THE U.S. NAVAL ATTACHE IN
CHILE A REPORT OF THE ACCOUNT OF FUEL EXISTING UP TO THE DATE, WHICH
WILL BE CONFIRMED OR OBSERVED. THIS OBSERVATION MUST BE MADE WITHIN A
PERIOD NO LONGER THAN SIXTY (60) DAYS, IF THIS PERIOD HAS ELAPSED
WITHOUT COMMENT IT IS UNDERSTOOD THAT IT WAS APPROVED BY THE U.S. NAVY.
5. REQUEST FOR FUEL BY EITHER PARTY, EXCEPT FOR EMERGENCIES, SHOULD
BE MADE WITH PRUDENT ANTICIPATION AND SHOULD, WHEN POSSIBLE, SPECIFY THE
QUANTITY AND DESIRED DATE OF DELIVERY.
AS OF THE DATE OF THIS AGREEMENT THE U.S. NAVY AND THE NAVY OF CHILE
RECOGNIZE THE FOLLOWING FUEL BALANCES:
NSFO
BALANCE IN BEHALF OF THE NAVY OF CHILE 3,939.36 BARRELS
DMFO
BALANCE IN BEHALF OF THE NAVY OF CHILE 1,781.11 BARRELS
GERALD T. BESCHTA
LIEUTENANT COMMANDER, UNITED STATES NAVY
ASSISTANT NAVAL ATTACHE
APPROVED BY: UNITED STATES NAVY PETROLEUM OFFICE, CAMERON STATION,
ALEXANDRIA, VA 22314
FOREIGN TEXT OMITTED
GERMANY, FEDERAL REPUBLIC OF 30 JUL 1963 FLITE DOCUMENT NO. 7900052
AGREEMENT EXECUTED 30 JULY 1963.
AGREEMENT TO CONTINUE THE PRESENT SYSTEM OF CUSTOMS PROCESSING
PERSONNEL AT THE EXITS OF THE PORT WITH THE GERMAN CUSTOMS RESERVING THE
RIGHT TO PROCESS AT THEIR DISCRETION.
COMMANDING OFFICER
USA MP CUSTOMS UNIT
APO 403, US FORCES
1. A MEETING WAS HELD WITH MR. HABENICHT AND CAPT SHANNON ON 26 JULY
1963. IT WAS AGREED TO CONTINUE THE PRESENT SYSTEM OF CUSTOMS
PROCESSING PERSONNEL AT THE EXITS OF THE . . . PORT WITH THE GERMAN
CUSTOMS RESERVING THE RIGHT TO PROCESS AT THEIR DISCRETION.
2. GERMAN CUSTOMS AGREED TO CONTINUE THE USE OF THE 304 FORM FOR NON
IMPORT, NON EXPORT. IT WAS BROUGHT TO MR HABENICHT'S ATTENTION THAT
EACH SECTION THAT WORKS IN THE PORT HAULS MATERIAL IN AND OUT OF THE
PORT WHEN REQUIRED. FOR THIS PURPOSE, AE FORM 302 WOULD NOT BE
REQUIRED. VEHICLE WAYBILL FORM 304 WOULD BE USED IN THESE CASES.
3. ALL FORMS FURNISH GERMAN CUSTOMS WOULD BE FURNISHED BY PORT
OPERATIONS. THESE FORMS WOULD BE PICKED UP DAILY BY MP CUSTOMS DO NOT
REQUIRE THESE FORMS FOR USE OR INFORMATION BUT MERELY ACT AS LIAISON
OFFICIALS.
CHINA, REPUBLIC OF 12 JAN 1976 FLITE DOCUMENT NO. 7900051
EXCHANGE OF LETTERS EXECUTED 7 OCTOBER 1975 AND 12 JANUARY 1976.
AGREEMENT REGARDING THE FURNISHING OF FEDERAL CATALOG DATA AND
SERVICES TO THE REPUBLIC OF CHINA.
MAJOR GENERAL KUO YUN, CAF
DIRECTOR, DEFENSE MANAGEMENT CENTER
MINISTRY OF NATIONAL DEFENSE
REPUBLIC OF CHINA
TAIPEI, TAIWAN
DEAR GENERAL KUO YUN:
IN ACCORDANCE WITH SECTION 21 OF THE FOREIGN MILITARY SALES ACT, THE
DEFENSE LOGISTICS SERVICES CENTER HAS BEEN AUTHORIZED TO FURNISH TO THE
REPUBLIC OF CHINA, THE FEDERAL CATALOG DATA AND CATALOGING SERVICES
SPECIFIED IN DEPARTMENT OF DEFENSE (DOD) 4130.2-M, DOD FEDERAL CATALOG
SYSTEM MANUAL, SECTION 8, DATED MARCH 1975, INCORPORATED HEREIN, AND BY
THIS REFERENCE MADE A PART HEREOF, AND ANY SUBSEQUENT REVISION, CHANGE
AND/OR ADDITION THERETO, SUBJECT TO AVAILABILITY, SUBJECT TO FUTURE
OPERATIONAL REQUIREMENTS OF THE DEFENSE LOGISTICS SERVICES CENTER, AND
SUBJECT TO THE CONDITIONS SET FORTH BELOW:
A. THE GOVERNMENT OF THE UNITED STATES RESERVES THE RIGHT OF
CANCELLING ALL OR ANY PART OF THIS AGREEMENT OR TRANSACTION HEREUNDER,
AT ANY TIME PRIOR TO DELIVERY, WHENEVER SUCH ACTION IS DEEMED NECESSARY
IN THE INTEREST OF THE UNITED STATES.
B. THE REPUBLIC OF CHINA AGREES THAT IT WILL OBTAIN THE CONSENT OF
THE GOVERNMENT OF THE UNITED STATES PRIOR TO THE DISPOSITION OF, OR
TRANSFER OF POSSESSION OF THE MATERIALS AND INFORMATION FURNISHED UNDER
THIS AGREEMENT. THE REPUBLIC OF CHINA AGREES THAT IT WILL NOT PERMIT
ACCESS TO THE INFORMATION FURNISHED EXCEPT TO ITS OWN AUTHORIZED
PERSONNEL OR AS SUBSEQUENTLY AUTHORIZED BY THE UNITED STATES DEPARTMENT
OF DEFENSE. TO THE EXTENT THAT INFORMATION FURNISHED UNDER THIS
AGREEMENT MAY BE CLASSIFIED BY THE GOVERNMENT OF THE UNITED STATES FOR
SECURITY PURPOSES, THE REPUBLIC OF CHINA AGREES TO MAINTAIN A SIMILAR
CLASSIFICATION AND TO EMPLOY AND MAINTAIN ALL MEASURES NECESSARY TO
PRESERVE SUCH SECURITY, EQUIVALENT TO THOSE EMPLOYED BY THE GOVERNMENT
OF THE UNITED STATES, THROUGHOUT A PERIOD COEQUAL WITH THAT DURING WHICH
THE GOVERNMENT OF THE UNITED STATES MAY MAINTAIN SECURITY MEASURES. IT
IS UNDERSTOOD AND AGREED THAT THE DISCLOSURE OF PATENTED AND UNPATENTED
INFORMATION UNDER THIS AGREEMENT DOES NOT CONVEY ANY PRIVATE RIGHTS
WHICH MAY EXIST IN SUCH INFORMATION AND THAT SUCH RIGHTS WILL BE
RESPECTED.
C. REQUESTS FOR FEDERAL CATALOG DATA AND CATALOGING SERVICES SHALL BE
PREPARED AND FORWARDED TO THE DEFENSE LOGISTICS SERVICES CENTER IN
ACCORDANCE WITH THE PROCEDURES CONTAINED IN DOD 4100.39-M, CHAPTER 2,
SECTION 7, DATED AUGUST 1973, INCORPORATED HEREIN AND BY THIS REFERENCE
MADE A PART HEREOF, AND ANY REVISION, CHANGE, AND/OR ADDITION THERETO,
AND/OR IN ACCORDANCE WITH ANY SPECIAL INSTRUCTIONS FURNISHED TO THE
REPUBLIC OF CHINA FOR THIS PURPOSE BY THE DEFENSE LOGISTICS SERVICES
CENTER.
D. THE PRICES SET FORTH IN DOD 4130.2-M, DATED MARCH 1975, WILL BE
CHARGED TO THE REPUBLIC OF CHINA FOR THE FURNISHING OF THE FEDERAL
CATALOG DATA AND CATALOGING SERVICES AUTHORIZED UNDER THIS AGREEMENT.
THE PRICES QUOTED FOR THE SERVICES AND DATA TO BE PROVIDED BY THE
DEFENSE LOGISTICS SERVICES CENTER ARE BASED ON THE AVERAGE MACHINE AND
PERSONNEL COSTS REQUIRED TO PROVIDE THE DATA AND/OR SERVICES AND ARE
SUBJECT TO CHANGE AS CONDITIONS CHANGE. THE GOVERNMENT OF THE UNITED
STATES AGREES TO GIVE THE REPUBLIC OF CHINA A 60-DAY NOTICE PRIOR TO
EFFECTING A PRICE CHANGE IN THE COSTS CHARGED BY THE DEFENSE LOGISTICS
SERVICES CENTER.
D. REIMBURSEMENT IN UNITED STATES CURRENCY FOR FEDERAL CATALOG DATA
AND/OR CATALOGING SERVICES FURNISHED UNDER THIS AGREEMENT WILL BE MADE
DIRECTLY TO THE GOVERNMENT OF THE UNITED STATES. COSTS FOR PERFORMING
THESE SERVICES WILL BE ACCUMULATED AND THE CHINESE GOVERNMENT
PROCUREMENT AND SERVICES MISSION, DIVISION FOR MINISTRY OF NATIONAL
DEFENSE, 2224 R STREET, NW, WASHINGTON, D.C. 20008 WILL BE BILLED FOR
PAYMENT ON A QUARTERLY BASIS. SUCH BILLS WILL BE DUE AND PAYABLE UPON
RECEIPT. THE CATALOG DATA WILL BE SENT TO P. O. BOX 7016-9, TAIPEI,
TAIWAN, REPUBLIC OF CHINA.
IF THIS OFFER IS ACCEPTABLE TO THE REPUBLIC OF CHINA, IT IS REQUESTED
THAT I BE SO INFORMED BY THE RETURN OF TWO COPIES OF THIS LETTER BEARING
THE SIGNATURE OF AN AUTHORIZED REPRESENTATIVE OF THE REPUBLIC OF CHINA,
IN THE SPACE BELOW.
THE UNDERSIGNED, A DULY AUTHORIZED REPRESENTATIVE OF THE REPUBLIC OF
CHINA, ACCEPTS ON BEHALF OF THE SAID GOVERNMENT THE TERMS AND CONDITIONS
SET FORTH ABOVE.
DATE 12 JAN, 1976
CANADA 18 NOV 1975 FLITE DOCUMENT NO. 7900050
LEASE AGREEMENT EXECUTED 18 NOVEMBER 1975.
AGREEMENT REGARDING LEASE OF THREE RADAR SETS (AN/PPS-15) BETWEEN THE
UNITED STATES OF AMERICA AND THE GOVERNMENT OF CANADA, FROM SEPTEMBER
1975 UNTIL MARCH 1976.
THIS LEASE, MADE AS OF THE (DATE) 18 NOVEMBER 1975, BETWEEN THE
UNITED STATES OF AMERICA (HEREINAFTER CALLED THE "LESSOR GOVERNMENT")
REPRESENTED BY ITS DEPARTMENT OF THE NAVY AND THE GOVERNMENT OF CANADA
(HEREINAFTER CALLED THE "LESSEE GOVERNMENT") REPRESENTED BY THE CANADIAN
FORCES OF THE GOVERNMENT OF CANADA.
WITNESSETH:
WHEREAS, THE SECRETARY OF THE NAVY OF THE LESSOR GOVERNMENT
(HEREINAFTER CALLED THE "SECRETARY") HAS DETERMINED THAT THREE AN/PPS-15
RADAR SETS (HEREINAFTER REFERRED TO AS THE "DEFENSE ARTICLES") ARE NOT
EXCESS TO THE NEEDS OF THE DEPARTMENT OF THE NAVY OF THE LESSOR
GOVERNMENT WITHIN THE MEANING OF SECTION 472 OF TITLE 40 OF THE UNITED
STATES CODE, BUT ARE NOT, FOR THE TIME BEING, REQUIRED FOR PUBLIC USE,
AND
WHEREAS, THE SECRETARY HAS DETERMINED THAT IT WILL BE IN THE PUBLIC
INTEREST TO LEASE THE DEFENSE ARTICLES TO THE LESSEE GOVERNMENT UPON THE
TERMS AND CONDITIONS HEREINAFTER SET FORTH, AND
WHEREAS, THIS LEASE IS MADE UNDER THE AUTHORITY OF SECTION 2667 OF
TITLE 10 OF THE UNITED STATES CODE (70A STAT. 150)
NOW THEREFORE, THE PARTIES DO MUTUALLY AGREE AS FOLLOWS:
1. IN CONSIDERATION OF THE MAINTENANCE AND OTHER OBLIGATIONS ASSUMED
BY THE LESSEE GOVERNMENT, THE LESSOR GOVERNMENT, HEREBY LEASES TO THE
LESSEE GOVERNMENT AND THE LESSEE GOVERNMENT HEREBY LEASES FROM THE
LESSOR GOVERNMENT THE DEFENSE ARTICLES FOR THE PERIOD SEPTEMBER 1975
THROUGH MARCH 1976 AND UNDER THE TERMS AND CONDITIONS SET FORTH IN THE
GENERAL PROVISIONS HERETO ANNEXED.
2. THE LESSOR GOVERNMENT SHALL DELIVER THE DEFENSE ARTICLES TO THE
LESSEE GOVERNMENT AT SUCH TIME AND PLACE AS MAY BE MUTUALLY AGREED UPON.
SUCH DELIVERY SHALL BE EVIDENCED BY A CERTIFICATION OF DELIVERY.
IN WITNESS WHEREOF, EACH OF THE PARTIES HERETO HAS EXECUTED THIS
LEASE AS OF THE DAY AND YEAR FIRST ABOVE WRITTEN.
THE GOVERNMENT
OF CANADA
BY . . .
J. B. J. ARCHAMBAULT
BRIGADIER-GENERAL
FOR COMMANDER CANADIAN DEFENCE
LIAISON STAFF, WASHINGTON
1. OPERATIONS AND USE. EXCEPT AS MAY BE OTHERWISE AUTHORIZED BY THE
LESSOR GOVERNMENT AND EXCEPT DURING TRANSFER FROM THE UNITED STATES AND
RETURN TO THE PLACE OF REDELIVERY, THE LESSEE GOVERNMENT SHALL KEEP THE
DEFENSE ARTICLE IN ITS OWN POSSESSION, CUSTODY, AND CONTROL.
2. INITIAL CONDITION. THE DEFENSE ARTICLE IS LEASED TO THE LESSEE
GOVERNMENT ON AN "AS IS-- WHERE IS" BASIS WITHOUT WARRANTY OR
REPRESENTATION CONCERNING THE CONDITION OR STATE OF REPAIR OF THE
DEFENSE ARTICLE OR ANY PART THEREOF AND WITHOUT ANY AGREEMENT BY THE
LESSOR GOVERNMENT TO ALTER, IMPROVE, ADAPT OR REPAIR THE DEFENSE ARTICLE
OR ANY PART THEREOF.
3. CONDITIONING AND TRANSFER COSTS. THE LESSEE GOVERNMENT SHALL
BEAR THE COST OF RENDERING THE DEFENSE ARTICLE OPERABLE AND
TRANSFERABLE, AND OF TRANSFERRING THE DEFENSE ARTICLE FROM THE UNITED
STATES AND BACK TO THE PLACE OF REDELIVERY, EXCEPT THAT IF THIS LEASE IS
TERMINATED BEFORE EXPIRATION BY THE LESSOR GOVERNMENT OR BY MUTUAL
AGREEMENT AT THE REQUEST OF THE LESSOR GOVERNMENT, THE LESSEE GOVERNMENT
SHALL NOT BE REQUIRED TO PAY THE COST OF REDELIVERY.
4. INSPECTION AND INVENTORY. IMMEDIATELY PRIOR TO THE DELIVERY OF
THE DEFENSE ARTICLE TO THE LESSEE GOVERNMENT, AN INSPECTION OF THE
PHYSICAL CONDITION OF THE DEFENSE ARTICLE AND AN INVENTORY OF ALL
RELATED ARTICLES SHALL BE MADE BY REPRESENTATIVES OF THE LESSOR
GOVERNMENT AND THE LESSEE GOVERNMENT. A JOINT REPORT OF THEIR FINDINGS
SHALL BE MADE WHICH SHALL BE CONCLUSIVE EVIDENCE AS TO THE PHYSICAL
CONDITION OF SAID DEFENSE ARTICLE AND AS .O SUCH ITEM AS OF THE TIME OF
DELIVERY. A SIMILAR INSPECTION, INVENTORY AND JOINT REPORT SHALL BE
MADE BY THE PARTIES UPON THE TERMINATION OR EXPIRATION OF THIS LEASE.
THE FINDINGS OF THAT REPORT SHALL BE CONCLUSIVE EVIDENCE AS TO THE
PHYSICAL CONDITION OF THE DEFENSE ARTICLE AND AS TO SUCH ITEM AS OF THE
DATE OF TERMINATION OR EXPIRATION OF THIS LEASE. THE LESSEE GOVERNMENT
SHALL PROMPTLY REPLACE ANY DEFICIENCY IN SUCH ITEM SHOWN BY THE TERMINAL
INVENTORY AND MAY REMOVE ANY EXCESS THEREOF BUT IN THE ABSENCE OF
REMOVAL, TITLE TO ANY SUCH EXCESS SHALL VEST IN THE LESSOR GOVERNMENT.
5. MAINTENANCE. THE LESSEE GOVERNMENT SHALL MAINTAIN THE DEFENSE
ARTICLE IN GOOD ORDER, REPAIR AND OPERABLE CONDITION AND EXCEPT AS
PROVIDED IN PARAGRAPH SIX, SHALL UPON EXPIRATION OR TERMINATION OF THIS
LEASE RETURN THE DEFENSE ARTICLE IN OPERABLE CONDITION AND IN AS GOOD
CONDITION AS WHEN RECEIVED, NORMAL WEAR AND TEAR EXCEPTED.
6. RISH OR LOSS. ALL RISK OR LOSS OF OR DAMAGE TO THE DEFENSE
ARTICLE DURING THE TERM OF THIS LEASE AND UNTIL ITS RETURN TO THE PLACE
OF REDELIVERY, NOT ARISING OUT OF ENEMY ACTION, SHALL BE BORNE BY THE
LESSEE GOVERNMENT. IN THE EVENT OF SUCH LOSS OR DAMAGE, THE LESSEE
GOVERNMENT, AT THE OPTION OF THE LESSOR GOVERNMENT, SHALL EITHER
COMPENSATE THE LESSOR GOVERNMENT THEREFOR OR SHALL REBUILD, REPLACE, OR
REPAIR SUCH LOSS OR DAMAGE.
7. INDEMNIFICATION. THE LESSEE GOVERNMENT RENOUNCES ALL CLAIMS
AGAINST THE LESSOR GOVERNMENT, ITS OFFICERS, AGENTS, AND EMPLOYEES
ARISING OUT OF OR INCIDENTAL TO TRANSFER, POSSESSION, USE OR OPERATION
OF THE DEFENSE ARTICLE AND WILL INDEMNIFY AND HOLD HARMLESS THE LESSOR
GOVERNMENT, ITS OFFICERS, AGENTS, AND EMPLOYEES FOR ANY SUCH CLAIMS OF
THIRD PARTIES.
8. ALTERATIONS. THE LESSEE GOVERNMENT SHALL NOT MAKE ANY
SUBSTANTIAL ALTERATIONS OR ADDITIONS TO THE DEFENSE ARTICLE WITHOUT
PRIOR CONSENT OF THE LESSOR GOVERNMENT. ALL SUCH ALTERATIONS OR
ADDITIONS SHALL BECOME THE PROPERTY OF THE LESSOR GOVERNMENT EXCEPT
ITEMS WHICH CAN BE READILY REMOVED WITHOUT INJURY TO THE DEFENSE ARTICLE
AND ARE REMOVED BY THE LESSEE GOVERNMENT PRIOR TO REDELIVERY OF THE
DEFENSE ARTICLE. AS A CONDITION OF ITS APPROVAL OF ANY ALTERATION OR
ADDITION, THE LESSOR GOVERNMENT MAY REQUIRE THE LESSEE GOVERNMENT TO
RESTORE THE DEFENSE ARTICLE TO ITS PRIOR CONDITION.
9. TERMINATION. THIS LEASE MAY BE TERMINATED:
(A) BY MUTUAL AGREEMENT OF THE PARTIES;
(B) BY THE LESSEE GOVERNMENT ON 30-DAYS WRITTEN NOTICE;
(C) BY THE LESSOR GOVERNMENT (I) DURING ANY NATIONAL EMERGENCY
DECLARED BY ITS PRESIDENT OR CONGRESS OR (II) UPON 30-DAYS WRITTEN
NOTICE TO THE LESSEE GOVERNMENT.
10. PLACE OF REDELIVERY. UPON EXPIRATION OR TERMINATION OF THIS
LEASE, THE DEFENSE ARTICLE SHALL BE RETURNED AT A PLACE AND TIME TO BE
MUTUALLY AGREED UPON.
11. TITLE. TITLE TO THE DEFENSE ARTICLE SHALL REMAIN IN THE LESSOR
GOVERNMENT. THE LESSEE GOVERNMENT MAY, HOWEVER, PLACE THE DEFENSE
ARTICLE UNDER ITS FLAG, WHEN APPROPRIATE.
12. REIMBURSEMENT FOR SERVICES. THE LESSEE GOVERNMENT WILL PAY THE
LESSOR GOVERNMENT FOR ANY SERVICES, SPARE PARTS OR MATERIALS FURNISHED
FOR THE DEFENSE ARTICLE BY THE LESSOR GOVERNMENT AT THE LESSEE
GOVERNMENT'S REQUEST IN SUCH AMOUNTS AND AT SUCH TIME AS MAY BE MUTUALLY
AGREED UPON.
13. COVENANT AGAINST CONTINGENT FEES. THE LESSEE GOVERNMENT
WARRANTS THAT IT HAS NOT EMPLOYED ANY PERSON TO SOLICIT OR SECURE THIS
LEASE UPON ANY AGREEMENT FOR A COMMISSION, PERCENTAGE, BROKERAGE OR
CONTINGENT FEE.
14. OFFICIALS NOT TO BENEFIT. NO MEMBERS OF OR DELEGATE TO CONGRESS
OF THE UNITED STATES, OR RESIDENT COMMISSIONER OF THE UNITED STATES,
SHALL BE ADMITTED TO ANY SHARE OR PART OF THIS LEASE OR TO ANY BENEFIT
THAT MAY ARISE THEREFROM.
15. INCONSISTENT TERMS. IN CASE OF ANY CONFLICT BETWEEN THESE
GENERAL PROVISIONS AND ANY OTHER TERMS AND CONDITIONS OF THIS LEASE,
SUCH OTHER TERMS AND CONDITIONS SHALL CONTROL.
U.S. DESIGNATION
AN/PPS-15
. . .
DATE
COLOMBIA 27 APR 1972 FLITE DOCUMENT NO. 7900049
CREDIT AGREEMENT EXECUTED 27 APRIL 1972.
CREDIT AGREEMENT RELATING TO THE PURCHASE OF DEFENSE ITEMS.
CREDIT AGREEMENT, MADE AND ENTERED INTO THE 27TH DAY OF APRIL, 1972,
BETWEEN THE GOVERNMENT OF COLOMBIA, REPRESENTED BY THE MINISTRY OF
DEFENSE, AND THE GOVERNMENT OF THE UNITED STATES OF AMERICA, REPRESENTED
BY THE DEPARTMENT OF DEFENSE OF THE UNITED STATES OF AMERICA.
WHEREAS, THE GOVERNMENT OF COLOMBIA (HEREINAFTER SOMETIMES REFERRED
TO AS THE "BORROWER") DESIRES TO ENTER INTO PURCHASE CONTRACTS
(HEREINAFTER REFERRED TO AS "PURCHASE ARRANGEMENTS") WITH THE MILITARY
DEPARTMENTS AND AGENCIES OF THE UNITED STATES DEPARTMENT OF DEFENSE
(HEREINAFTER REFERRED TO AS "DOD") AND/OR VARIOUS UNITED STATES
COMMERCIAL SUPPLIERS FOR THE PURCHASE OF DEFENSE ARTICLES AND DEFENSE
SERVICES OF UNITED STATES ORIGIN (HEREINAFTER COLLECTIVELY REFERRED TO
AS "DEFENSE ITEMS"); AND
WHEREAS, THE BORROWER HAS REQUESTED THE GOVERNMENT OF THE UNITED
STATES OF AMERICA (HEREINAFTER SOMETIMES REFERRED TO AS THE "LENDER") TO
FINANCE PAYMENTS REQUIRED TO BE MADE BY THE BORROWER UNDER THE PURCHASE
ARRANGEMENTS; AND
WHEREAS, THE AFORESAID REQUESTED CREDIT WILL FACILITATE THE PURPOSES
OF THE UNITED STATES FOREIGN MILITARY SALES ACT, AS AMENDED;
NOW THEREFORE, IN CONSIDERATION OF THE PREMISES AND THE MUTUAL
COVENANTS HEREINAFTER SET FORTH, AND IN IMPLEMENTATION OF, AND SUBJECT
TO THE PROVISIONS OF THE MUTUAL DEFENSE ASSISTANCE AGREEMENT BETWEEN THE
GOVERNMENT OF COLOMBIA AND THE GOVERNMENT OF THE UNITED STATES OF
AMERICA, DATED 17 APRIL 1952, THE PARTIES HERETO AGREE AS FOLLOWS:
1. SUBJECT TO THE TERMS AND CONDITIONS HEREOF, THE LENDER AGREES TO
MAKE LOANS TO THE BORROWER FROM TIME TO TIME IN AN AGGREGATE PRINCIPAL
AMOUNT UP TO BUT NOT EXCEEDING $6,000,000.00 (HEREINAFTER CALLED THE
"COMMITMENT").
2. THE AFORESAID COMMITMENT SHALL BE AVAILABLE ONLY TO FINANCE THE
PURCHASE OF DEFENSE ITEMS BY THE BORROWER PURSUANT TO PURCHASE
ARRANGEMENTS AUTHORIZED FOR SUCH FINANCING BY DOD ON OR BEFORE 30 DEC
75. EACH AUTHORIZATION FOR THE BORROWER TO ENTER INTO A PURCHASE
ARRANGEMENT IN IMPLEMENTATION OF THIS CREDIT AGREEMENT SHALL BE
SEPARATELY COMMUNICATED BY DOD IN WRITING TO THE BORROWER, WHICH
AUTHORIZATION SHALL SPECIFY THE DEFENSE ITEMS AND THE AMOUNT OF CREDIT
AUTHORIZED FOR THAT PURCHASE ARRANGEMENT. THE BORROWER SHALL
INCORPORATE INTO EACH SUCH PURCHASE ARRANGEMENT WITH COMMERCIAL
SUPPLIERS THE PROVISIONS OF ANNEX A HERETO AND ATTACH AS AN EXHIBIT TO
THE PURCHASE ARRANGEMENT A TRUE COPY OF THE APPLICABLE AFORESAID
AUTHORIZATION AND OF PARAGRAPH 9 OF THIS CREDIT AGREEMENT.
3. EACH LOAN HEREUNDER BY THE LENDER SHALL BE MADE IN ACCORDANCE
WITH THE FOLLOWING PROCEDURE:
(1) EACH LOAN SHALL BE MADE ON SUCH DATE (HEREINAFTER REFERRED TO AS
A "DISBURSEMENT DATE")
AS MAY BE DESIGNATED BY THE BORROWER FROM TIME TO TIME UPON TEN (10)
DAYS' WRITTEN NOTICE BY
THE BORROWER TO THE LENDER.
(2) EACH NOTICE SHALL SPECIFY THE AMOUNT OF THE LOAN TO BE MADE BY
THE LENDER ON THE
DISBURSEMENT DATE, AND SHALL SPECIFY THE SUPPLIER OR SUPPLIERS
(INCLUDING THE MILITARY
DEPARTMENTS OR AGENCIES OF DOD) TO WHOM THE DISBURSEMENT IS TO BE
REMITTED BY THE LENDER.
(3) EACH NOTICE SHALL BE PREPARED IN QUADRUPLICATE ON U.S. STANDARD
FORM 1034 AND SHALL BE
SENT TO:
U.S. ARMY FINANCE AND COMPTROLLER INFORMATION SYSTEMS COMMAND
ATTN: MILITARY ASSISTANCE/SALES ACCOUNTING DIVISION
WASHINGTON, D.C. 20314
(4) IN THE CASE OF DISBURSEMENTS REQUESTED TO BE MADE TO COMMERCIAL
SUPPLIERS, THE INVOICES
SHALL BE PREPARED IN ACCORDANCE WITH THE PROCEDURE SET FORTH IN ANNEX
A HERETO.
(5) IN THE CASE OF DISBURSEMENTS REQUESTED TO BE MADE TO THE MILITARY
DEPARTMENTS AND
AGENCIES OF DOD, THE NOTICES SHALL HAVE ANNEXED THERETO COPIES OF THE
PAYMENT REQUEST RECEIVED
BY THE BORROWER FROM SUCH MILITARY DEPARTMENT OR AGENCY AGAINST WHICH
DISBURSEMENT IS
REQUESTED.
(6) WITH EACH NOTICE, THE BORROWER SHALL CONCURRENTLY TRANSMIT TO THE
LENDER AT THE ADDRESS SET FORTH IN SUBPARAGRAPH (3) ABOVE OF THIS
PARAGRAPH
A PROMISSORY NOTE SUBSTANTIALLY IN THE FORM OF ANNEX B HERETO (WITH
THE BLANKS APPROPRIATELY
FILLED IN) RECITING THE OBLIGATION OF THE BORROWER TO REPAY THE
AMOUNT OF SUCH LOAN WITH
INTEREST THEREON AS HEREINAFTER SET FORTH. (THE PROMISSORY NOTES
HEREINABOVE REFERRED TO ARE
HEREINAFTER CALLED THE "NOTES" AND INDIVIDUALLY A "NOTE").
4. (A) ALL OCEAN TRANSPORTATION OF THE DEFENSE ARTICLES SHALL BE ON
VESSELS OF UNITED STATES REGISTRY. THE GOVERNMENT OF THE UNITED STATES
WILL GIVE SYMPATHETIC CONSIDERATION ON A CASE-BY-CASE BASIS TO REQUESTS
BY THE BORROWER JUSTIFYING SHIPMENT ON VESSELS OF THE REGISTRY OF THE
BORROWER. CONSIDERATION WILL BE GIVEN TO SECURITY REQUIREMENTS OF THE
BORROWER TO ASSURE SAFE ARRIVAL.
(B) THE BORROWER OR ITS COMMERCIAL SUPPLIER SHALL BE RESPONSIBLE FOR
OBTAINING SUCH EXPORT LICENSES AS MAY BE NECESSARY FOR DEFENSE ITEMS
FINANCED HEREUNDER.
5. THIS AGREEMENT EVIDENCES THE LEGAL AND BINDING OBLIGATION OF THE
BORROWER TO MAKE REPAYMENTS TO THE LENDER FOR DISBURSEMENTS MADE BY THE
LENDER IN ACCORDANCE WITH THE TERMS HEREOF. THE LENDER MAY SELL OR
ASSIGN, IN WHOLE OR IN PART, ITS RIGHTS TO SAID REPAYMENTS AND MAY, WITH
RESPECT TO SUCH SALE OR ASSIGNMENT, GUARANTEE PAYMENT OF THE SAME.
6. (A) THE BORROWER SHALL REPAY THE DISBURSEMENTS MADE BY THE LENDER
IN ACCORDANCE WITH THE PRINCIPAL REPAYMENT SCHEDULE SET FORTH IN ANNEX C
HERETO, AND SHALL PAY INTEREST SEMIANNUALLY ON 31 DECEMBER AND 30 JUNE
AT THE RATE OF FIVE AND SEVEN-EIGHTHS PER CENT (5 7/8%) PER ANNUM, USING
A 365 DAY FACTOR, ON THE AMOUNT BY WHICH FROM TIME TO TIME CUMULATIVE
DISBURSEMENTS EXCEED CUMULATIVE REPAYMENTS OF PRINCIPAL.
(B) IF ON ANY INSTALLMENT REPAYMENT DATE SET FORTH IN THE PRINCIPAL
REPAYMENT SCHEDULE THE BORROWER SHALL NOT HAVE AVAILED ITSELF OF THE
COMMITMENT OF THE LENDER IN AN AGGREGATE AMOUNT (LESS REPAYMENTS
PREVIOUSLY MADE) EQUAL TO THE AGGREGATE INSTALLMENT OF PRINCIPAL WHICH
IS REPAYABLE ON SUCH DATE TO THE LENDER, THE BORROWER SHALL, ON SUCH
INSTALLMENT REPAYMENT DATE, REPAY TO THE LENDER THE FULL AMOUNT (LESS
REPAYMENTS PREVIOUSLY MADE) TO WHICH IT HAS AVAILED ITSELF OF THE
COMMITMENT OF THE LENDER TO SUCH DATE, TOGETHER WITH THE INTEREST
ACCRUED THEREON. IF AT ANY TIME THEREAFTER THE BORROWER SHALL AVAIL
ITSELF OF THE COMMITMENT OF SUCH LENDER IN AN AMOUNT WHICH WOULD HAVE
BEEN PAYABLE ON A PRIOR INSTALLMENT REPAYMENT DATE BUT FOR THE
PROVISIONS OF THE IMMEDIATELY PRECEDING SENTENCE, SUCH AMOUNT, TOGETHER
WITH THE INTEREST ACCRUED THEREON, SHALL BE REPAYABLE ON THE NEXT
SUCCEEDING INSTALLMENT DATE OF THE PRINCIPAL REPAYMENT SCHEDULE
OCCURRING AFTER THE DISBURSEMENT OF SUCH AMOUNT AND THE SAID AGGREGATE
INSTALLMENT OF PRINCIPAL REPAYABLE UNDER THE PRINCIPAL REPAYMENT
SCHEDULE TO THE LENDER ON THAT DATE SHALL BE INCREASED BY SUCH AMOUNT.
(C) IF BY THE DATE SPECIFIED IN PARAGRAPH 2 ABOVE, THE BORROWER SHALL
NOT HAVE ENTERED INTO AUTHORIZED PURCHASE ARRANGEMENTS IN AN AGGREGATE
AMOUNT EQUAL TO THE ENTIRE AMOUNT OF THE COMMITMENT, THE INSTALLMENTS OF
PRINCIPAL REPAYABLE TO THE LENDER SET FORTH IN THE PRINCIPAL REPAYMENT
SCHEDULE SHALL BE REDUCED IN THE INVERSE ORDER OF THE MATURITY THEREOF
TO THE EXTENT OF THE UNUSED BALANCE OF THE COMMITMENT.
(D) WHENEVER ANY REPAYMENT TO BE MADE BY THE BORROWER SHALL BE DUE ON
A SATURDAY, SUNDAY, OR PUBLIC HOLIDAY UNDER THE LAWS OF THE LENDER, SUCH
REPAYMENT MAY BE MADE ON THE NEXT SUCCEEDING BUSINESS DAY, AND SUCH
EXTENSION OF TIME SHALL IN SUCH CASE BE INCLUDED IN COMPUTING INTEREST
IN CONNECTION WITH SUCH REPAYMENT BUT EXCLUDED FROM THE NEXT INTEREST
PERIOD.
(E) THE BORROWER MAY PREPAY THE CREDIT EXTENDED UNDER THIS AGREEMENT
IN PART OR IN FULL ON ANY INTEREST PAYMENT DATE WITHOUT PENALTY OR
PREMIUM, BUT SUCH PREPAYMENT MUST BE ACCOMPANIED BY PAYMENT OF INTEREST
ON THE AMOUNT PREPAID TO THE DATE OF PREPAYMENT AND MUST BE APPLIED TO
THE SATISFACTION OF INSTALLMENTS OF PRINCIPAL REPAYMENTS IN THE INVERSE
ORDER OF THEIR MATURITIES.
(F) ALL REPAYMENTS BY THE BORROWER ON ACCOUNT OF PRINCIPAL OR
INTEREST SHALL BE IN LAWFUL MONEY OF THE UNITED STATES OF AMERICA AND IN
IMMEDIATELY AVAILABLE FUNDS, FREE AND CLEAR OF, AND WITHOUT DEDUCTION
FOR, ANY AND ALL TAXES, LEVIES, IMPOSTS, DEDUCTIONS AND WITHHOLDINGS
WHATSOEVER IMPOSED, LEVIED, COLLECTED OR ASSESSED WITH RESPECT THERETO
BY ANY CENTRAL OR LOCAL AUTHORITY OF COLOMBIA.
7. (A) THE NOTES SHALL BE FURTHER EVIDENCE OF THE OBLIGATION OF THE
BORROWER TO REPAY THE LOANS MADE HEREUNDER. EACH NOTE SHALL BE DATED
THE PARTICULAR DISBURSEMENT DATE OF THE LOAN WHICH SUCH NOTE EVIDENCES,
SHALL BE PAYABLE TO THE ORDER OF THE GOVERNMENT OF THE UNITED STATES IN
THE PRINCIPAL AMOUNT OF SUCH DISBURSEMENT, AND SHALL BEAR INTEREST ON
THE UNPAID PRINCIPAL AMOUNT THEREOF AS PROVIDED IN PARAGRAPH 6(A).
(B) THE NOTES SHALL BE COMPLETED BY THE BORROWER IN SUCH A MANNER
THAT REPAYMENT OF SUCH LOANS SHALL BE MADE IN THE ORDER OF THEIR
DISBURSEMENT, UTILIZING THE PRINCIPAL REPAYMENT SCHEDULE SET FORTH IN
ANNEX C (AS THE SAME MAY BE ADJUSTED IN ACCORDANCE WITH PARAGRAPHS 6(B)
AND 6(C) HEREOF), AND, IN DETERMINING WHETHER A PARTICULAR LOAN IS
PAYABLE IN ONE OR MORE INSTALLMENTS, UTILIZING A PARTICULAR INSTALLMENT
PAYMENT DATE ONLY AFTER THE FULL UTILIZATION OF THE NEXT PRECEDING
INSTALLMENT DATE.
(C) EACH NOTE SHALL BE SIGNED ON BEHALF OF THE BORROWER BY MILITARY
ATTACHE.
8. (A) THE BORROWER REPRESENTS AND WARRANTS THAT THE MAKING AND
PERFORMANCE OF THIS AGREEMENT HAVE BEEN DULY AUTHORIZED IN ACCORDANCE
WITH THE LAWS OF COLOMBIA AND SHALL FURNISH TO THE LENDER UPON REQUEST
EVIDENCE, SATISFACTORY TO THE LENDER, OF THE AUTHORITY OF THE PERSON OR
PERSONS WHO HAVE SIGNED THIS AGREEMENT ON BEHALF OF THE BORROWER AND OF
THE PERSON OR PERSONS WHO WILL SIGN THE NOTES PROVIDED FOR HEREIN ON
BEHALF OF THE BORROWER, TOGETHER WITH THE AUTHENTICATED SPECIMEN
SIGNATURE, IN DUPLICATE, OF EACH OF THE LATTER.
(B) THIS AGREEMENT SHALL INURE TO THE BENEFIT OF THE HOLDERS OF THE
NOTES, THEIR RESPECTIVE SUCCESSORS AND ASSIGNS. THIS AGREEMENT AND THE
NOTES SHALL BE DEEMED TO BE CONTRACTS UNDER THE LAW OF THE DISTRICT OF
COLUMBIA AND FOR ALL PURPOSES SHALL BE CONSTRUED IN ACCORDANCE WITH SAID
LAW. THE BORROWER AGREES THAT JURISDICTION MAY BE TAKEN BY COURTS IN
THE DISTRICT OF COLUMBIA WITH RESPECT TO MATTERS INVOLVING ANY NOTE,
PROVIDED SUCH NOTE IS HELD BY AN INDIVIDUAL, PARTNERSHIP, CORPORATION,
OR OTHER PRIVATE LEGAL ENTITY.
(C) THE BORROWER SHALL IN ALL CASES PAY WHEN AND AS DUE THE PRINCIPAL
OF AND INTEREST ON ALL NOTES ISSUED HEREUNDER, NOTWITHSTANDING ANY
CLAIMS WHICH THE BORROWER MAY NOW OR HEREAFTER HAVE AGAINST ANY SUPPLIER
OF THE DEFENSE ITEMS, DOD, THE LENDER, OR ANY OTHER PERSON OR ENTITY IN
CONNECTION WITH ANY OTHER TRANSACTION, FOR ANY REASON WHATSOEVER.
9. UPON THE OCCURRENCE OF ANY OF THE FOLLOWING EVENTS OF DEFAULT:
(1) IF THE BORROWER FAILS TO MAKE ANY PAYMENT OF PRINCIPAL ON ANY
NOTE WHEN DUE; OR
(2) IF THE BORROWER FAILS FOR A PERIOD OF 30 DAYS TO MAKE ANY PAYMENT
OF INTEREST ON ANY
NOTE WHEN DUE; OR
(3) IF ANY REPRESENTATION OR WARRANTY MADE BY THE BORROWER HEREIN OR
ANY CERTIFICATE
FURNISHED BY THE BORROWER PURSUANT HERETO PROVES TO BE AT ANY TIME
INCORRECT IN ANY MATERIEL
RESPECT, OR IF THE BORROWER DEFAULTS IN THE PERFORMANCE OF ANY OTHER
TERM, COVENANT OR
UNDERTAKING CONTAINED IN THIS CREDIT AGREEMENT, AND SUCH DEFAULT
SHALL CONTINUE UNREMEDIED FOR
30 DAYS AFTER WRITTEN NOTIFICATION THEREOF SHALL HAVE BEEN GIVEN TO
THE BORROWER BY THE
LENDER; THEN, AND IN ANY SUCH EVENT, THE HOLDER OF ANY NOTE MAY
DECLARE IMMEDIATELY DUE AND PAYABLE THE UNPAID PRINCIPAL OF, AND ACCRUED
INTEREST ON, ANY AND OR ALL NOTES HELD BY SUCH HOLDER AND SUCH AMOUNTS
SHALL BECOME IMMEDIATELY DUE AND PAYABLE WITHOUT PROTEST, PRESENTMENT,
NOTICE OR OTHER DEMAND OF ANY KIND, ALL OF WHICH ARE HEREBY EXPRESSLY
WAIVED BY THE BORROWER, AND THE LENDER MAY TERMINATE ITS COMMITMENT
HEREUNDER.
10. ALL COMMUNICATIONS AND OTHER DOCUMENTS REQUIRED OR PERMITTED
HEREUNDER, UNLESS SUBMITTED IN THE ENGLISH LANGUAGE, SHALL BE
ACCOMPANIED BY ONE ENGLISH TRANSLATION FOR EACH COPY OF SUCH DOCUMENTS
TO BE FURNISHED AND, IN THE EVENT OF CONFLICT, THE ENGLISH VERSION SHALL
GOVERN. EXCEPT AS OTHERWISE PROVIDED HEREIN, ALL NOTICES, REQUESTS OR
DEMANDS HEREUNDER SHALL BE DEEMED TO HAVE BEEN GIVEN OR MADE UPON THE
MAILING OF THE SAME, POSTAGE PREPAID, OR IN THE CASE OF TELEGRAPHIC
NOTICE, ON DELIVERY TO THE TELEGRAPHIC COMPANY, ADDRESSED IN THE CASE OF
THE BORROWER, TO MILITARY ATTACHE AND IN THE CASE OF THE LENDER TO THE
DIRECTOR, DEFENSE SECURITY ASSISTANCE AGENCY, THE PENTAGON, WASHINGTON,
D.C. 20301.
11. THIS AGREEMENT MAY BE EXECUTED IN ANY NUMBER OF COUNTERPARTS AND
BY THE PARTIES HERETO ON SEPARATE COUNTERPARTS, EACH OF WHICH SHALL BE
DEEMED AN ORIGINAL BUT ALL SUCH COUNTERPARTS TO CONSTITUTE ONE AND THE
SAME INSTRUMENT.
12. ANNEXES A THROUGH C ATTACHED HERETO ARE, BY THIS REFERENCE, MADE
A PART OF THIS AGREEMENT.
IN WITNESS WHEREOF, THE PARTIES HERETO HAVE DULY EXECUTED THIS
AGREEMENT THIS 27TH DAY OF APRIL 1972
GOVERNMENT OF COLOMBIA
. . .
BY . . .
BERNARDO SANCHEZ SALAZAR
BRIGADIER GENERAL
MILITARY ATTACHE
THE FOLLOWING PROCEDURES AND CONDITIONS SHALL BE ADHERED TO PRIOR TO
EACH DISBURSEMENT TO BE MADE BY THE GOVERNMENT OF THE UNITED STATES FOR
THE ACCOUNT OF THE GOVERNMENT OF COLOMBIA.
1. THE SUPPLIER SHALL PREPARE AND SUBMIT TO THE DESIGNATED
REPRESENTATIVES OF THE GOVERNMENT OF COLOMBIA IN WASHINGTON, D.C.
INVOICES ON U.S. STANDARD FORM 1034 IN SUFFICIENT NUMBER OF COPIES TO
PERMIT THE FORWARDING OF FOUR COPIES TO THE DISBURSING OFFICER
DESIGNATED IN PARAGRAPH 5 BELOW.
2. THE SUPPLIER SHALL INSURE THAT EACH INVOICE IS IN ACCORDANCE WITH
RELEVANT PROVISIONS OF ITS PURCHASE ARRANGEMENT WITH THE GOVERNMENT OF
COLOMBIA.
3. THE SUPPLIER SHALL ATTACH TO EACH INVOICE A STATEMENT THAT
AUTHORIZED REPRESENTATIVES OF THE GOVERNMENT OF THE UNITED STATES SHALL,
UNTIL THE EXPIRATION OF THREE YEARS AFTER FINAL PAYMENT HEREUNDER, HAVE
ACCESS TO AND THE RIGHT TO EXAMINE ANY DIRECTLY RELATED PERTINENT BOOKS,
DOCUMENTS, PAPERS AND RECORDS OF THE SUPPLIER INVOLVING TRANSACTIONS
RELATING TO THE AFORESAID PURCHASE ARRANGEMENT.
4. TO THE EXTENT THAT ANY INVOICE REQUESTS PAYMENT OF ADVANCES, AS
DISTINGUISHED FROM PAYMENT FOR DELIVERY OF DEFENSE ITEMS OF
REIMBURSEMENT IN THE FORM OF PROGRESS PAYMENTS FOR WORK OR SERVICES
PERFORMED, THE SUPPLIER SHALL ATTACH TO THE INVOICE A STATEMENT SETTING
FORTH THE UNDERTAKING OF THE SUPPLIER THAT THE FULL AMOUNT OF THE
ADVANCE WILL BE MAINTAINED BY THE SUPPLIER IN A SEGREGATED ACCOUNT WHICH
WILL BE APPLIED SOLELY TO THE PERFORMANCE OF THE SUPPLIER'S OBLIGATIONS
UNDER THE PURCHASE ARRANGEMENT.
5. THE DESIGNATED REPRESENTATIVES OF THE GOVERNMENT OF COLOMBIA IN
WASHINGTON, D.C. SHALL FORWARD SUCH INVOICES TO THE U.S. ARMY FINANCE
AND COMPTROLLER INFORMATION SYSTEMS COMMAND, ATTN: MILITARY
ASSISTANCE/SALES ACCOUNTING DIVISION, 1000 INDEPENDENCE AVENUE, S.W.,
WASHINGTON, D.C. 20314.
6. EACH INVOICE SHALL BE ACCOMPANIED BY A CERTIFICATION OF THE
GOVERNMENT OF COLOMBIA AS FOLLOWS:
"THE GOVERNMENT OF COLOMBIA CONFIRMS (THAT THE DEFENSE ITEMS SET
FORTH HEREIN HAVE BEEN
SATISFACTORILY RECEIVED BY OR FOR THE GOVERNMENT OF COLOMBIA) (THAT
THE WORK OR SERVICES FOR
WHICH PROGRESS PAYMENTS ARE REQUESTED HAVE BEEN SATISFACTORILY
RENDERED) (THAT PAYMENT IS
OTHERWISE DUE) UNDER ITS PURCHASE ARRANGEMENT OF (DATE) FOR THE
PURCHASE OF DEFENSE ITEMS FROM
SUPPLIER, AND CERTIFIES THAT THE BILL IS CORRECT AND JUST AND THAT
PAYMENT THEREFOR HAS NOT
BEEN MADE. PAYMENT OF THIS INVOICE IS REQUESTED BY THE MINISTRY OF
DEFENSE OF THE GOVERNMENT
OF COLOMBIA PURSUANT TO THE TERMS OF THE CREDIT AGREEMENT OF . . .
(DATE) BETWEEN THE MINISTRY
OF THE DEFENSE OF THE GOVERNMENT OF COLOMBIA AND THE GOVERNMENT OF
THE UNITED STATES OF
AMERICA. THE GOVERNMENT OF COLOMBIA CONFIRMS THAT SAID PURCHASE
ARRANGEMENT IS ONE OF THE
PURCHASE ARRANGEMENTS AUTHORIZED BY THE DEPARTMENT OF DEFENSE OF THE
UNITED STATES OF AMERICA
PURSUANT TO THE AFORESAID CREDIT AGREEMENT OF . . . (DATE) AND
FURTHER CONFIRMS THAT THE
CUMULATIVE TOTAL OF THIS INVOICE AND INVOICES PREVIOUSLY PAID BY THE
GOVERNMENT OF THE UNITED
STATES AGAINST SAID PURCHASE ARRANGEMENT DOES NOT EXCEED THE
AGGREGATE CREDIT CEILING
ESTABLISHED BY THE GOVERNMENT OF THE UNITED STATES FOR THE SAID
PURCHASE ARRANGEMENT.
U.S. $ . . . , NEW YORK, N.Y.
FOR VALUE RECEIVED THE UNDERSIGNED, THE GOVERNMENT OF COLOMBIA
(HEREIN CALLED "COLOMBIA"), HEREBY PROMISES TO PAY TO THE ORDER OF THE
GOVERNMENT OF THE UNITED STATES OF AMERICA (HEREIN CALLED "UNITED
STATES") THE PRINCIPAL SUM OF . . . UNITED STATES DOLLARS (U.S. $ . . .
) AS FOLLOWS:
(AMOUNT) (DATE) TOGETHER WITH INTEREST ON ANY AND ALL AMOUNTS
REMAINING UNPAID HEREUNDER FROM TIME TO TIME FROM THE DATE HEREOF UNTIL
THIS NOTE SHALL BE PAID IN FULL, PAYABLE SEMIANNUALLY ON 31 DECEMBER AND
30 JUNE OF EACH YEAR FROM DATE HEREOF AT THE RATE OF FIVE AND
SEVEN-EIGHTHS PER CENT PER ANNUM (5 7/8%) USING A 365 DAY FACTOR, BOTH
PRINCIPAL AND INTEREST TO BE PAYABLE IN LAWFUL MONEY OF THE UNITED
STATES OF AMERICA AT THE U.S. ARMY FINANCE AND COMPTROLLER INFORMATION
SYSTEMS COMMAND, ATTN: MILITARY ASSISTANCE/SALES ACCOUNTING DIVISION,
1000 INDEPENDENCE AVENUE, S.W., WASHINGTON, D.C. 20314. ALL PAYMENTS
MADE ON ACCOUNT OF THE PRINCIPAL AMOUNT REMAINING UNPAID HEREUNDER SHALL
BE ENDORSED BY THE HOLDER ON THE REVERSE SIDE OF THIS NOTE.
WHENEVER ANY PAYMENT TO BE MADE SHALL BE DUE ON A SATURDAY, SUNDAY,
OR A PUBLIC HOLIDAY UNDER THE LAWS OF THE GOVERNMENT OF THE UNITED
STATES, SUCH PAYMENT MAY BE MADE ON THE NEXT SUCCEEDING BUSINESS DAY,
AND SUCH EXTENSION OF TIME SHALL IN SUCH CASE BE INCLUDED IN COMPUTING
INTEREST IN CONNECTION WITH SUCH PAYMENT BUT EXCLUDED FROM THE NEXT
INTEREST PERIOD.
THIS NOTE MAY BE PREPAID ON ANY INTEREST PAYMENT DATE. PREPAYMENTS
SHALL BE APPLIED TO THE INSTALLMENTS HEREOF IN THE REVERSE ORDER OF
THEIR MATURITY. ALL PAYMENTS OF PRINCIPAL AND INTEREST ON THIS NOTE ARE
PAYABLE IN LAWFUL MONEY OF THE UNITED STATES OF AMERICA AND IN
IMMEDIATELY AVAILABLE FUNDS, FREE AND CLEAR OF, AND WITHOUT DEDUCTION
FOR, ANY TAXES, LEVIES, IMPOSTS, DEDUCTIONS, AND WITHHOLDINGS WHATSOEVER
NOW OR HEREAFTER IMPOSED, LEVIED, COLLECTED OR ASSESSED WITH RESPECT
THERETO BY ANY CENTRAL OR LOCAL AUTHORITY OF COLOMBIA AND SHALL BE PAID
FREE FROM ALL RESTRICTIONS OF ANY CENTRAL OR LOCAL AUTHORITY OF
COLOMBIA.
COLOMBIA AGREES TO PAY ALL OUT-OF-POCKET COSTS AND EXPENSES IN
CONNECTION WITH COLLECTION AFTER DEFAULT OF THIS NOTE (INCLUDING THE
REASONABLE FEES AND OUT-OF-POCKET EXPENSES OF COUNSEL) AS WELL AS ALL
STAMP AND OTHER TAXES OF EVERY CHARACTER IF ANY, NOW OR HEREAFTER IN
EFFECT, NOT INCLUDING TAXES IMPOSED ON THE INCOME OF THE HOLDER OF THE
NOTE BY THE GOVERNMENT OF THE UNITED STATES, AND NOT INCLUDING STATE
FRANCHISE TAXES IMPOSED ON THE HOLDER OF THE NOTE AND TO SAVE THE HOLDER
OF THE NOTE HARMLESS FROM ANY AND ALL LIABILITIES WITH RESPECT TO OR
RESULTING FROM ANY DELAY OR OMISSION TO PAY SUCH TAXES.
THE FIRST $375,000.00 OF DISBURSEMENTS ARE REPAYABLE ON 31 DECEMBER
1972.
THE NEXT $375,000.00 OF DISBURSEMENTS ARE REPAYABLE ON 30 JUNE 1973.
THE NEXT $375,000.00 OF DISBURSEMENTS ARE REPAYABLE ON 31 DECEMBER
1973.
THE NEXT $375,000.00 OF DISBURSEMENTS ARE REPAYABLE ON 30 JUNE 1974.
THE NEXT $375,000.00 OF DISBURSEMENTS ARE REPAYABLE ON 31 DECEMBER
1974.
THE NEXT $375,000.00 OF DISBURSEMENTS ARE REPAYABLE ON 30 JUNE 1975.
THE NEXT $375,000.00 OF DISBURSEMENTS ARE REPAYABLE ON 31 DECEMBER
1975.
THE NEXT $375,000.00 OF DISBURSEMENTS ARE REPAYABLE ON 30 JUNE 1976.
THE NEXT $375,000.00 OF DISBURSEMENTS ARE REPAYABLE ON 31 DECEMBER
1976.
THE NEXT $375,000.00 OF DISBURSEMENTS ARE REPAYABLE ON 30 JUNE 1977.
THE NEXT $375,000.00 OF DISBURSEMENTS ARE REPAYABLE ON 31 DECEMBER
1977.
THE NEXT $375,000.00 OF DISBURSEMENTS ARE REPAYABLE ON 30 JUNE 1978.
THE NEXT $375,000.00 OF DISBURSEMENTS ARE REPAYABLE ON 31 DECEMBER
1978.
THE NEXT $375,000.00 OF DISBURSEMENTS ARE REPAYABLE ON 30 JUNE 1979.
THE NEXT $375,000.00 OF DISBURSEMENTS ARE REPAYABLE ON 31 DECEMBER
1979.
THE LAST $375,000.00 OF DISBURSEMENTS ARE REPAYABLE ON 30 JUNE 1980.
COLOMBIA 30 DEC 1975 FLITE DOCUMENT NO. 7900048
EXCHANGE OF LETTERS EXECUTED 7 AND 30 DECEMBER 1975.
AGREEMENT EXTENDING TO 30 JUNE 1976 THE CREDIT AGREEMENT #721 OF 27
APRIL 1972.
BRIGADIER GENERAL HILDEBRANDO ROA L.
MILITARY ATTACHE
2118 LEROY PLACE, N.W.
WASHINGTON, D.C. 20008
DEAR GENERAL ROA L.:
WE ARE PLEASED TO RESPOND TO YOUR LETTER OF DECEMBER 7, 1975
REQUESTING AN EXTENSION OF CREDIT AGREEMENT 721, DATED APRIL 27, 1972,
BETWEEN THE GOVERNMENT OF THE UNITED STATES AND THE GOVERNMENT OF
COLOMBIA.
THE PROVISION OF THE CREDIT AGREEMENT SPECIFYING THE DATE BY WHICH
ORDERS FOR DEFENSE ITEMS MUST BE PLACED WILL BE AMENDED TO REFLECT THE
NEW DATE OF JUNE 30, 1976.
NO. 495 EDC-AM 001
SUBJECT: REQUESTING TO BE EXTENDED TERM CREDIT 721
TO: SIR
LIEUTENANT GENERAL USAF
H. M. FISH
DIRECTOR
DEFENSE SECURITY ASSISTANCE AGENCY
ROOM 4B-662
THE PENTAGON
WASHINGTON, D.C. 20301
DEAR SIR GENERAL:
I KINDLY REQUEST BE EXTENDED THE DATE OF EXPIRATION CREDIT AGREEMENT
LOAN NO. 721 SIGNED ON 27TH APRIL 1972 UNTIL NEXT 30TH JUNE 1976 FOR
HAVING THE SAME PROBLEMS WHICH I EXPLAINED IN MY LETTER DATED ON JUNE
9TH, 1975.
THANKING SO MUCH FOR YOUR SPECIAL ATTENTION IN THIS SUBJECT.
MULTILATERAL 4 APR 1975 FLITE DOCUMENT NO. 7900047
SUPPORT AGREEMENT EXECUTED 18 MARCH AND 4 APRIL 1975; EFFECTIVE
MARCH 1975.
AGREEMENT REGARDING SERVICES PROVIDED BY NAVAL COMMUNICATION STATION
NORFOLK THROUGH ITS COMPONENT ACTIVITY, NAVAL RADIO RECEIVER FACILITY
NORTHWEST IN SUPPORT OF THE NATO SATELLITE COMMUNICATION UNIT,
NORTHWEST. AGREEMENT TERMINATES MARCH 1978.
SUPPORT AGREEMENT (FORM OMITTED)
CATEGORIES ADMINISTRATIVE AND LOGISTICAL SUPPORT SERVICES
AA COMPUTER AND DATA PROCESSING AB FINANCE AND ACCOUNTING AC
MILITARY/CIVILIAN PERSONNEL AD
LEGAL AE MAIL PICK-UP AND DELIVERY AF CUSTODIAL AG
PURCHASING/CONTRACTING AH FIRE PROTECTION
AI POLICE PROTECTION AJ HOUSING/LODGING AK LAUNDRY/DRY CLEANING AL
MEDICAL/DENTAL AM MESSING
AN STORAGE/WAREHOUSING AO TRANSPORTATION AP UTILITIES SQ MORTUARY AR
STEVEDORING AS
CALIBRATION OF PRECISION INSTRUMENTS AT TERMINAL OPERATIONS AU
ADMINISTRATIVE OFFICE SPACE BC
COMMUNICATION SERVICES SUPPLY MAINTENANCE
SUPPORT SUPPORT
CATEGORIES CATEGORIES
SA AIRCRAFT MA SB AIRCRAFT EQUIPMENT AND COMPONENTS MB SC AMMUNITION
MC SD ORDNANCE EQUIPMENT
AND COMPONENTS MD SE CLOTHING AND TEXTILES ME SF COMMUNICATION
EQUIPMENT AND COMPONENTS MF SG
VEHICLES MG SH VEHICULAR EQUIPMENT AND COMPONENTS MH SI CONSTRUCTION
EQUIPMENT AND COMPONENTS
MI SJ MATERIALS HANDLING EQUIPMENT AND COMPONENTS MJ SK FIRE FIGHTING
EQUIPMENT AND COMPONENTS
MK SL ELECTRICAL EQUIPMENT AND COMPONENTS ML SM ELECTRONIC EQUIPMENT
AND COMPONENTS MM AN
GENERAL SUPPLIES IN SO MEDICAL/DENTAL EQUIPMENT AND COMPONENTS MO SP
MISSILES MP SQ MISSILE
EQUIPMENT AND COMPONENTS MQ SR PARACHUTES MR SS PHOTOGRAPHIC
EQUIPMENT AND COMPONENTS MS ST
PETROLEUM, OILS, LUBRICANTS AND CHEMICALS MT SU RAILROAD EQUIPMENT
AND COMPONENTS MU SV SHIPS
AND VESSELS MV SW SUBSISTENCE SUPPLIES MW BS LIFE SUPPORT EQUIPMENT
MX
SPECIFIC PROVISIONS OF AGREEMENT
A. THE SCOPE OF THIS AGREEMENT INCLUDES SERVICES PROVIDED BY NAVAL
COMMUNICATION STATION NORFOLK THROUGH ITS COMPONENT ACTIVITY, NAVAL
RADIO RECEIVER FACILITY NORTHWEST, HEREINAFTER REFERRED TO AS THE HOST
IN SUPPORT OF THE NATO SATELLITE COMMUNICATION UNIT, NORTHWEST,
HEREINAFTER REFERRED TO AS THE TENANT.
B. THE HOST WILL PROVIDE AN AREA OF ONE ACRE, MORE OR LESS; AS
DELINEATED ON TAB A TO APPENDIX I. PROVIDE THE RIGHT TO USE IN COMMON
WITH HOST THE ROADS AS SHOWN ON TAB A TO APPENDIX I.
C. THE HOST WILL EXERCISE OVERALL ADMINISTRATIVE CONTROL OF ENTIRE
STATION AND FACILITIES EXCEPT FOR THOSE WITHIN THE NATO PERIMETER. THE
TENANT WILL EXERCISE ADMINISTRATIVE AND OPERATIONAL CONTROL OVER THOSE
BUILDINGS AND FACILITIES ASSIGNED FOR EXCLUSIVE USE OF TENANT. TENANT
WILL EXERCISE CONTROL OVER BERTHING PER PARAGRAPHS (AJ).
D. THE HOST AND TENANT AGREE TO FURNISH THE SERVICES LISTED IN
APPENDIX I WITH REIMBURSEMENTS AS INDICATED BELOW:
1. NATO FUNDING:
A. THERE ARE TWO METHODS OF NATO FUNDING USED. THE PRIMARY METHOD
REFERRED TO AS SHAPE DIRECT FUNDING, SPECIFIES PAYMENTS DIRECTLY TO
PERSONNEL, SUPPLIERS, AGENCIES OR HOST NATIONS (NAVCOMMSTA NORFOLK),
UPON PRESENTATION OF VOUCHERS OR INVOICES FOR ACTUAL COSTS, BY SHAPE.
B. THE SECOND METHOD, REFERRED TO AS LUMP SUM REIMBURSEMENT,
SPECIFIES SHAPE PAYMENT OF APPROVED LUMP SUMS TO NAVCOMMSTA NORFOLK FOR
OPERATION AND MAINTENANCE SUPPORT OF SITE L-3. THE LUMP SUM WILL BE
PAID IN ADVANCE IN TWO EQUAL INSTALLMENTS OF $6,500.11 ON 1 JANUARY AND
1 JULY OF EACH YEAR.
2. EXAMPLES OF SHAPE DIRECT FUNDING:
A. LOS MICROWAVE MAINTENANCE $7,000.00 PER YEAR PAID DIRECT TO
NAVCOMMSTA NORFOLK FOR THE MAINTENANCE OF 24 FULL DUPLEX CHANNELS.
B. REIMBURSEMENT TO NAVCOMMSTA NORFOLK FOR ELECTRICAL CONSUMPTION AT
SITE L-3.
C. REIMBURSEMENT TO NAVCOMMSTA NORFOLK FOR TRAVEL OF SITE PERSONNEL
ON SHAPE/NATO BUSINESS. (PER DIEM PAID BY HOST NATION).
D. REIMBURSEMENT TO NAVCOMMSTA NORFOLK FOR SHAPE AUTHORIZED
PURCHASES.
SPECIFIC PROVISIONS OF AGREEMENT N70272-73299-021 (CONT'D)
3. NAVCOMMSTA NORFOLK IS RESPONSIBLE FOR PROVIDING THE FOLLOWING
SERVICES TO SITE L-3 UNDER THE PROVISIONS OF THE LUMP SUM REIMBURSEMENT:
A. MAINTENANCE OF SGT BUILDINGS INCLUDING THE NATO BARRACKS AND
GROUNDS, ACCESS ROADS AND STATION UTILITIES.
B. OPERATION AND MAINTENANCE OF STATION VEHICLE, FURNITURE, AND
EQUIPMENT. (OTHER THAN POWER PLANT AND ELECTRONICS EQUIPMENT.)
C. REPLACEMENT OF VEHICLE EACH YEAR FOR WHICH $500.00 PER YEAR IS
ALLOWED. SITE L-3 WILL RETAIN THIS ALLOWANCE AND IS RESPONSIBLE FOR THE
PROCUREMENT AND DISPOSITION OF ITS NON-NAVY VEHICLE.
D. PROVISION OF GENERAL EXPENSES SUCH AS OFFICE SUPPLIES, FIRST AID,
MEDICAL SUPPLIES, CLEANING MATERIAL, TECHNICAL PERIODICALS AND TELEPHONE
EXPENSES.
E. PROCUREMENT AND DELIVERY OF FUEL AND LUBRICANTS FOR DIESEL
GENERATORS, HEATING PLANT, AND SGT VEHICLE.
F. PROCUREMENT OF SPARE PARTS FOR SITE FACILITIES HEATING AND
VENTILATION EQUIPMENT.
G. TRANSPORTATION OF GOODS AND POSTAL CHARGES.
H. PROVISIONS OF SEWAGE AND WATER.
I. SNOW CLEARANCE.
J. ESTABLISHMENT OF PHYSICAL SECURITY.
K. PROVISION OF BUDGETARY DATA AS MAY BE REQUESTED BY SHAPE.
L. ASSIGNMENT AND ADMINISTRATION OF QUALIFIED MILITARY TECHNICAL
PERSONNEL IN ACCORDANCE WITH THE SHAPE TABLE OF AUTHORIZED PERSONNEL
(TAPS) AND SUPPORT PERSONNEL AS AGREED.
4. FUNDING IS TO BE PROVIDED IN ACCORDANCE WITH DEPARTMENT OF
DEFENSE INSTRUCTION 2010.1 AND SECRETARY OF DEFENSE MEMORANDUM TO
SECRETARY OF THE NAVY, SUBJECT: SUPPORT OF INTERNATIONAL MILITARY
ACTIVITIES.
E. THIS AGREEMENT SHALL BE REVIEWED AT LEAST ANNUALLY. THE HOST WILL
INITIATE AN ANNUAL REVIEW 60 DAYS PRIOR TO THE ANNIVERSARY DATE. THE
TENANT WILL PARTICIPATE IN THE ANNUAL REVIEW TO EVALUATE ITS
EFFECTIVENESS AND TO DETERMINE THE NEED FOR CONTINUATION, MODIFICATION,
OR TERMINATION.
F. THIS AGREEMENT IS SUBJECT TO MODIFICATION OR TERMINATION AS
MUTUALLY AGREED IN ACCORDANCE WITH THE FOLLOWING:
SPECIFIC PROVISIONS OF AGREEMENT N70272-73299-021 (CONT'D)
1. REQUEST FOR MODIFICATION WILL BE FURNISHED BY ONE PARTY TO THE
OTHER BY WRITTEN NOTICE AT LEAST 60 DAYS PRIOR TO EFFECTIVE DATE SUCH
MODIFICATION IS DESIRED. MODIFICATIONS TO THIS AGREEMENT SHALL BE
ASSIGNED BY THE HOST AND NUMBERED.
2. NOTIFICATION OF THE INTENTION OF EITHER PARTY TO TERMINATE THIS
AGREEMENT PRIOR TO THE DATE SET FORTH IN BLOCK 7 ABOVE WILL BE IN THE
FORM OF A WRITTEN NOTICE, SUBMITTED TO THE OTHER PARTY AT LEAST 180 DAYS
IN ADVANCE OF THE PROPOSED DATE OF TERMINATION AND SHALL BE NUMBERED AS
A MODIFICATION.
F. THIS AGREEMENT SHALL CONTINUE IN EFFECT UNTIL THE DATE SET FORTH
IN BLOCK 7 ABOVE, OR UNTIL IT IS TERMINATED IN ACCORDANCE WITH PARAGRAPH
E.2.
APPENDIX I ISSA NUMBER N70272-73299-021
CATEGORY OF SUPPORT
(AB) BUDGET, ACCOUNTING AND FINANCE
HOST WILL
1. PROVIDE FINANCIAL MANAGEMENT SERVICES AS REQUESTED BY TENANT AND
ARRANGE FOR
MAINTENANCE OF PAY AND ALLOWANCE RECORDS OF TENANT ACTIVITY
PERSONNEL.
TENANT WILL
1. PROVIDE ANY FINANCE AND ACCOUNTING INFORMATION AND/OR DOCUMENTS
REQUIRED BY THE HOST IN
SUPPORT OF TENANT REQUIREMENTS.
HOST WILL
2. INCLUDE THE TENANT IN THE ALLOCATION AND DISTRIBUTION OF
NON-APPROPRIATED FUNDS IN
ACCORDANCE WITH EXISTING BUPERS INSTRUCTIONS.
TENANT WILL
2. PROVIDE NECESSARY DATA FOR STATION ACCOUNTING.
HOST WILL
3. NOTIFY THE TENANT IN ADVANCE OF ANY NEW POLICIES OR POLICY
CHANGES WHICH WILL AFFECT
THE TENANT.
TENANT WILL
3. A. PROVIDE HOST WITH REQUIREMENTS REPORTS OR SUCH OTHER
INFORMATION AS REQUIRED TO
ASSIST THE HOST IN PROVIDING FULL SUPPORT.
B. CONFER WITH HOST CONCERNING MONETARY RESPONSIBILITIES BEFORE
MAKING CHANGES SO HOST CAN
REQUEST AN ADJUSTMENT TO HIS BUDGET.
C. PROVIDE PERSONNEL TO ASSIST IN VARIOUS AREAS AS REQUESTED BY THE
HOST, UNLESS PROVIDING
SUCH PERSON OR PERSONS ADVERSELY AFFECTS THE MISSION OF THE TENANT.
CATEGORY OF SUPPORT
(AC) MILITARY/CIVILIAN PERS.
HOST WILL
1. MAKE THE FOLLOWING SERVICES AVAILABLE TO TENANT MILITARY
PERSONNEL ON SAME BASIS TO
HOST MILITARY PERSONNEL.
A. NAVY EXCHANGE
B. RETAIL CLOTHING STORE
C. POSTAL FACILITIES
D. RELIGIOUS SERVICES
E. COMMISSIONED OFFICERS' MESS
F. CHIEF PETTY OFFICERS' MESS
G. ENLISTED MEN'S CLUB
H. MOTION PICTURE/ENTERTAINMENT
TENANT WILL
1. UTILIZE THESE SERVICES IN ACCORDANCE WITH STATION REGULATIONS.
HOST WILL
2. PROVIDE SPECIAL SERVICES TYPE RECREATION FACILITIES.
TENANT WILL
2. ENCOURAGE PERSONNEL PARTICIPATION IN RECREATIONAL ACTIVITIES.
PROVIDE REPRESENTATIVE
AND NECESSARY DATA FOR STATION REPORTING.
HOST WILL
3. ARRANGE FOR AND/OR MAINTAIN ALL NECESSARY RECORDS SUCH AS ORDERS
AND ENDORSEMENTS,
ETC., SERVICE, LEAVE, HEALTH, AND PAY RECORDS.
TENANT WILL
3. COMPLY WITH REQUEST FOR INFORMATION AND/OR DOCUMENTS REQUIRED BY
THE HOST IN SUPPORT OF
TENANT REQUIREMENTS.
HOST WILL
4. MAKE AVAILABLE TRAINING DEVICES, TRAINING PUBLICATIONS, AND OTHER
TRAINING
MATERIALS. PROVIDE SPACE AND FACILITIES TO SUPPORT SUCH DEVICES FOR
EDUCATIONAL, PROFESSIONAL
AND MILITARY TRAINING OF TENANT PERSONNEL.
TENANT WILL
4. PROVIDE UNIQUE NATO TYPE TRAINING DEVICES. TENANT PERSONNEL WILL
PAY APPROPRIATE FEES.
CATEGORY OF SUPPORT
(AD) LEGAL
HOST WILL
1. RETAIN AND EXERCISE JURISDICTION OVER TENANT PERSONNEL FOR ALL
DISCIPLINARY ACTIONS
UNDER UCMJ AND ALL ADMINISTRATIVE BOARD ACTIONS.
TENANT WILL
1. INVESTIGATE ALL VIOLATIONS BY TENANT PERSONNEL AND SUBMIT REPORTS
AND RECOMMENDATIONS
TO THE HOST AS REQUESTED.
CATEGORY OF SUPPORT
(AF) CUSTODIAL
HOST WILL
1. GENERAL MAINTENANCE OF NATO PLANT FACILITIES.
PERFORM MAINTENANCE, REPAIR, AND ALTERATIONS BEYOND TENANT'S
CAPABILITY ON A REQUEST BASIS.
TENANT WILL
1. PERFORM NORMAL CYCLICAL MAINTENANCE WITHIN TENANT'S CAPABILITY,
REIMBURSE HOST FOR
MAINTENANCE, REPAIR AND ALTERATIONS PERFORMED BY HOST ON REQUEST.
HOST WILL
2. IMPROVEMENTS OR MODIFICATIONS:
MAKE, WITHIN CAPABILITY, APPROVED ADDITIONS, IMPROVEMENTS, OR
MODIFICATIONS REQUESTED BY
TENANT.
TENANT WILL
2. MAKE NO ADDITIONS TO, IMPROVEMENTS IN, OR MODIFICATIONS OF
STRUCTURES, WHICH AFFECT THE
HOST WITHOUT PRIOR COORDINATION WITH HIM. REIMBURSE HOST FOR COST OF
LABOR AND MATERIALS
UTILIZED IN WORK REQUESTED.
HOST WILL
3. GROUNDS AND ROADS
PROVIDE SNOW REMOVAL, GROUNDS AND DRAINAGE SYSTEM MAINTENANCE WITHIN
TENANT
CAPABILITY. PROVIDE ROUTINE MAINTENANCE SERVICE FOR THE ACCESS ROAD
LEADING FROM THE PRESENT
SUPPLY BUILDING INTO THE NATO SITE. PROVIDE MOWING OF SEMI-IMPROVED
GROUNDS TO REDUCE FIRE
HAZARDS AND ESTABLISH AN ADEQUATE FIRE BARRIER.
TENANT WILL
3. PERFORM GROUNDS CARE WITHIN THE PERIMETER OF THE SITE. MAKE
NEEDS KNOWN TO HOST, ON A
TIMELY BASIS, WHEN SNOW REMOVAL, GROUNDS AND DRAINAGE SYSTEM
MAINTENANCE ARE BEYOND THE TENANT
CAPABILITY. REIMBURSE HOST FOR SERVICES.
HOST WILL
4. PROPERTY DISPOSAL:
DISPOSE OF ANY SURPLUS, SCRAP AND SALVAGE GENERATED BY TENANT.
TENANT WILL
4. REIMBURSE HOST FOR ACTUAL COSTS OF SUPPORT PERSONNEL FROM LUMP
SUM PAYMENTS.
HOST WILL
5. PROVIDE NECESSARY SUPPORT PERSONNEL AS MUTUALLY AGREED BY HOST
AND TENANT AND AS
APPROVED BY SHAPE.
CATEGORY OF SUPPORT
(AH) FIRE PROTECTION
HOST WILL
1. DISTRIBUTE TO THE TENANT ALL STATION REGULATIONS CONCERNING FIRE
PROTECTION, SAFETY,
GOOD ORDER, BEHAVIOR OF CIVILIAN AND MILITARY PERSONNEL.
TENANT WILL
1. COMPLY WITH STATION REGULATIONS IN THIS REGARD.
HOST WILL
2. PROVIDE STRUCTURAL FIRE PROTECTION, INCLUDING FIRE PREVENTION
MEASURES AND
INSPECTIONS. TRAIN TENANT PERSONNEL IN FIRE-FIGHTING TECHNIQUES.
PROVIDE INSPECTION,
RECHARGING, TESTING AND ROUTINE MAINTENANCE OF TENANT FIRE
EXTINGUISHERS.
TENANT WILL
2. PROVIDE AUXILIARY ASSISTANCE IN CONNECTION WITH LOCAL FIRE
PREVENTION AND PROTECTION
AND WILL COMPLY WITH LOCAL REGULATIONS.
CATEGORY OF SUPPORT
(AI) POLICE/SECURITY
HOST WILL
1. FURNISH SUFFICIENT SECURITY TO PROTECT THE SGT FROM UNAUTHORIZED
ACCESS OF PERSONNEL
WHOSE PRESENCE MAY RESULT IN INJURY TO THEMSELVES OR NATO PERSONNEL,
PHYSICAL DAMAGE TO NATO
EQUIPMENT, OR THE COMPROMISE OF NATO CLASSIFIED MATERIAL. DURING
PERIODS OF INCREASED DEFENSE
CONDITIONS, WHICH REQUIRE GUARDS TO BE POSTED, FURNISH PERSONNEL TO
SECURE THE TENANT
PERIMETER FENCE AND GUARD HOUSE.
TENANT WILL
1. PROVIDE ROUND THE CLOCK CONTROL OF ACCESS TO THE SGT SITE.
COMPLY WITH HOST
SECURITY/REGULATIONS AND BE RESPONSIBLE FOR ADMINISTRATIVE SECURITY
AND INTERNAL SECURITY OF
THE NATO COMMUNICATIONS SPACES, UNLESS THESE REGULATIONS CONFLICT
WITH NATO REGULATIONS IN
WHICH CASE THE TENANT WILL ABIDE BY NATO REGULATIONS.
CATEGORY OF SUPPORT
(AJ) HOUSING/LODGING
HOST WILL
1. PROVIDE FAMILY HOUSING (MEQ'S AND MOQ'S) AS REQUIRED BY TENANT
PERSONNEL TO THE EXTENT
AVAILABLE.
TENANT WILL
1. ENSURE TENANT OCCUPANTS COMPLY WITH LOCAL DIRECTIVES AND
REGULATIONS RELATIVE TO THE
OCCUPANCY OF FAMILY HOUSING.
HOST WILL
2. PROVIDE BOQ ACCOMODATIONS AS REQUIRED BY TENANT PERSONNEL TO THE
EXTENT AVAILABLE.
TENANT WILL
2. ENSURE TENANT OCCUPANTS COMPLY WITH LOCAL REGULATIONS REGARDING
BOQ OCCUPANCY.
HOST WILL
3. MAINTAIN IDENTICAL MANNING CRITERIA THROUGHOUT BARRACKS (BUILDING
66). PROVIDE ALL
NATO BACHELOR ENLISTED PERSONNEL WITH BERTHING IN THE NATO-FUNDED
WING. HOST WILL ASSIST ON A
FAIR-SHARE BASIS IN MAINTAINING THE CLEANLINESS OF JOINTLY USED
FACILITIES IN THE BARRACKS.
TENANT WILL
3. TENANT SHALL MAINTAIN IDENTICAL MANNING DENSITY AS HOST AND
INFORM THE HOST OF EXCESS
SPACE AVAILABLE IN THE NATO WING TO ALLOW FOR OVERFLOW BERTHING OF
HOST PERSONNEL. TENANT
OCCUPANTS SHALL COMPLY WITH LOCAL BEQ REGULATIONS.
HOST WILL
4. MAINTAIN CONTROL OVER MILITARY PERSONNEL BERTHED IN THE NATO WING
INSURING COMPLIANCE
WITH FIRE AND BEQ REGULATIONS. HOST WILL OBTAIN CONCURRENCE WITH OIC
NATO SATCOMM SITE FOR
ANY IMPROVEMENTS OR CHANGES THAT MAY AFFECT THE NATO FUNDED WING.
TENANT WILL
4. ENSURE TENANT PERSONNEL MAINTAIN CLEANLINESS OF THEIR BARRACKS
SPACE. TENANT WILL
ASSIST ON A FAIR SHARE BASIS IN MAINTAINING THE CLEANLINESS OF
JOINTLY USED FACILITIES IN THE
BARRACKS.
HOST WILL
5. PROVIDE PRIORITY HOUSING FOR ONE NATO REPRESENTATIVE DESIGNATED
AS ESSENTIAL BY NATO
OIC AND APPROVED AS SOON AS AVAILABLE.
TENANT WILL
5. DESIGNATE THE ESSENTIAL REPRESENTATIVE REQUIRED ON BOARD.
CATEGORY OF SUPPORT
(AL) MEDICAL/DENTAL
HOST WILL
1. PROVIDE MEDICAL AND DENTAL SERVICES TO TENANT PERSONNEL AND THEIR
DEPENDENTS AS
PROVIDED FOR IN THE HOST/TENANT AGREEMENT BETWEEN NAVAL COMMUNICATION
STATION NORFOLK AND THE
NAVY REGIONAL MEDICAL AND DENTAL OFFICES.
TENANT WILL
1. ENSURE TENANT ACTIVITY PERSONNEL COMPLY WITH EXISTING
MEDICAL/DENTAL SERVICE
REGULATIONS AND LOCAL DIRECTIVES.
CATEGORY OF SUPPORT
(AM) MESSING
HOST WILL
1. PROVIDE GENERAL MESS FACILITIES FOR TENANT MILITARY PERSONNEL AT
SAME STANDARD AND WITH
THE SAME REQUIREMENTS AND SCHEDULE AS PROVIDED HOST MILITARY
PERSONNEL.
TENANT WILL
1. COMPLY WITH ALL RULES AND REGULATIONS OF THE GENERAL MESS AS
PROVIDED BY THE HOST.
CATEGORY OF SUPPORT
(AN) SHIPPING & RECEIVING
HOST WILL
1. ENSURE NORMAL PACKING AND SHIPPING SERVICES ARE AVAILABLE ON A
NON-REIMBURSABLE BASIS.
TENANT WILL
1. REIMBURSE HOST FOR SPECIAL OR ADDITIONAL PACKING AND SHIPPING
SERVICE INCLUDING
NECESSARY CUSTOMS CLEARANCE AND COMMERCIAL FREIGHT WARRANTS UPON
REQUEST OF TENANT.
CATEGORY OF SUPPORT
(AP) UTILITIES
HOST WILL
1. TELEPHONES:
PROVIDE AND/OR ARRANGE FOR TELEPHONE SERVICE AS AVAILABLE UNDER THE
EXISTING STATION ASSETS
AND AS TENANT REQUIRES TO CONDUCT NORMAL BUSINESS.
TENANT WILL
1. PROVIDE RECONCILIATION FOR TELEPHONE SERVICES TO HOST MONTHLY.
REIMBURSE AS STATED IN
PARAGRAPH D.3. OF SPECIFIC PROVISIONS.
HOST WILL
2. UTILITY SERVICE SUCH AS WATER, SANITARY SEWAGE DISPOSAL, AND
TRASH REMOVAL:
PROVIDE AND/OR ARRANGE FOR THESE SERVICES, WITHIN HOST CAPABILITY.
TENANT WILL
2. COMPLY WITH STATION CONSERVATION MEASURES, AS APPLICABLE.
REIMBURSE HOST AS STATED IN
PARAGRAPH D.4. OF SPECIFIC PROVISIONS.
HOST WILL
3. FUEL OIL (HEAT AND EMERGENCY POWER):
ARRANGE FOR FUEL OIL, AS REQUIRED BY TENANT.
TENANT WILL
3. MAKE FUEL OIL NEEDS KNOWN TO HOST ON A TIMELY BASIS. REIMBURSE
HOST AS STATED IN
PARAGRAPH D.3.
CATEGORY OF SUPPORT
(BC) COMMUNICATION SERVICES
HOST WILL
1. MAKE AVAILABLE RECORD COMMUNICATIONS SERVICE.
TENANT WILL
1. PROVIDE OWN MEANS FOR PICK-UP AND DELIVERY OF MESSAGES FROM
MESSAGE CENTER TO SITE.
HOST WILL
2. PROVIDE APPROPRIATE INTERFACE BETWEEN SATELLITE TERMINAL AND USER
(M/W, ETC.). HOST
WILL PROVIDE 24 FULL DUPLEX VOICE CHANNELS BETWEEN NATO SITE AND
BUILDING M-51. PROVIDE
TECHNICAL CONTROL SERVICES TO TENANT ON EQUAL BASIS AS TO OTHER
SUBSCRIBERS.
TENANT WILL
2. MAKE AVAILABLE UNUSED CHANNELS TO THE HOST IF NEEDED. LOANED
CHANNELS HAVE NATO
PRIORITY AND ARE SUBJECT TO IMMEDIATE RECALL. PROVIDE TECHNICAL
GUIDANCE AND INFORMATION AS
REQUESTED BY THE HOST REGARDING CIRCUITS AND PERFORMANCE.
CATEGORY OF SUPPORT
(ML) ELECTRICAL EQUIPMENT & COMPONENTS
HOST WILL
1. ELECTRICAL DISTRIBUTION SYSTEM:
PROVIDE THIS SERVICE UP TO THE HIGH VOLTAGE SWITCH GEAR. PERFORM
MAINTENANCE, REPAIR AND
ALTERATIONS, BEYOND TENANT'S CAPABILITY ON A REQUEST BASIS.
TENANT WILL
1. PROVIDE HOST WITH READINGS ON THE LAST DAY OF EACH MONTH OR AS
REQUESTED. REIMBURSE
HOST FOR MAINTENANCE, REPAIR AND ALTERATIONS PERFORMED BY HOST ON
REQUEST.
CATEGORY OF SUPPORT
(MM) ELECTRONIC
HOST WILL
1. MAINTAIN/REPAIR SUPPORTING NATO VFCT EQUIPMENT LOCATED IN
BUILDING M-51.
TENANT WILL
1. TENANT WILL MAINTAIN/REPAIR ON-SITE EQUIPMENT, SUPPLY PARTS
PECULIAR TO THE VFCT, AND
WILL PROVIDE TECHNICAL ASSISTANCE AND TRAINING AS REQUIRED.
HOST WILL
2. INVITE THE TENANT TO PARTICIPATE ON BASE PLANNING BOARDS, RFI
COMMITTEES, CIVIL
ENGINEERING MATTERS, ETC.; TO PROTECT AGAINST LOSS OF DEGRATION TO
THE TENANT MISSION
CAPABILITY.
TENANT WILL
2. ACTIVELY PARTICIPATE IN THE EXCHANGE OF ENGINEERING CRITERIA.
CATEGORY OF SUPPORT
(SG) VEHICLES
HOST WILL
1. ASSIST AS OCCASION MAY ARISE WITH LOAN OF REQUIRED (NOT LIMITED
TO VEHICULAR) EQUIPMENT
AS MAY BE DETERMINED WITHIN STATION CAPABILITY. REIMBURSE TENANT FOR
OTHER THAN NORMAL WEAR
AND TEAR ON EQUIPMENT AND FURNISHING BORROWED FROM TENANT.
TENANT WILL
1. ASSIST AS OCCASION MAY ARISE WITH LOAN OF REQUIRED EQUIPMENT AS
MAY BE DETERMINED
WITHIN ITS CAPABILITY. REIMBURSE HOST FOR OTHER THAN NORMAL WEAR AND
TEAR OF EQUIPMENT AND
FURNISHING BORROWED FROM HOST.
CATEGORY OF SUPPORT
(AN) SUPPLY
HOST WILL
1. PROVIDE NECESSARY SUPPLY SUPPORT.
TENANT WILL
1. PROVIDE PARTS PECULIAR TO NATO EQUIPMENT NOT AVAILABLE THROUGH
THE NAVAL SUPPLY
SYSTEM. TENANT WILL MAKE ARRANGEMENTS TO REIMBURSE HOST FOR SPECIAL
REQUIREMENTS OF OR
PECULIAR TO THE OPERATIONS OF THE TENANT PROVIDED IN CONNECTION WITH
SUPPLY SUPPORT.
COLOMBIA, REPUBLIC OF 7 OCT 1974 FLITE DOCUMENT NO. 7900046
AGREEMENT EXECUTED 7 OCTOBER 1974; EFFECTIVE 16 APRIL 1975.
AGREEMENT CONCERNING UNITED STATES ARMED FORCES MISSIONS IN THE
REPUBLIC OF COLOMBIA. CONTINUES U.S. FORCES MISSIONS ESTABLISHED BY
AGREEMENTS OF 14 OCTOBER 1946 AND 21 FEBRUARY 1949, AS EXTENDED OR
AMENDED BY THE EXCHANGE OF NOTES OF 6 OCTOBER AND 4 NOVEMBER 1954, AND
18 FEBRUARY AND 31 MARCH 1959. THIS AGREEMENT COMBINES THE EXISTING
AGREEMENTS (AS ABOVE) INTO A SINGLE AGREEMENT AND TERMINATES THESE
EXISTING AGREEMENTS.
THE GOVERNMENT OF THE UNITED STATES OF AMERICA, DULY REPRESENTED BY
THE AMBASSADOR OF THE UNITED STATES OF AMERICA, AND THE GOVERNMENT OF
THE REPUBLIC OF COLOMBIA, DULY REPRESENTED BY THE MINISTER OF FOREIGN
RELATIONS, AGREE TO CONTINUE TO MAINTAIN THE ARMY, NAVY AND AIR FORCE
MISSIONS ESTABLISHED IN COLOMBIA BY THE AGREEMENTS SIGNED BY THE TWO
COUNTRIES ON OCTOBER 14, 1946 AND FEBRUARY 21, 1949, AS EXTENDED OR
AMENDED BY THE EXCHANGE OF NOTES OF OCTOBER 6 AND NOVEMBER 4, 1954, AND
FEBRUARY 18 AND MARCH 31, 1959, AND TO COMBINE THE EXISTING AGREEMENTS
INTO A SINGLE AGREEMENT, UNDER THE FOLLOWING TERMS AND CONDITIONS:
THE PURPOSE OF THE UNITED STATES OF AMERICA ARMY, NAVY, AND AIR FORCE
MISSIONS SHALL BE TO PROVIDE ADVISORY AND TECHNICAL COOPERATION ON A
PERMANENT BASIS TO THE COLOMBIAN ARMY, NAVY AND AIR FORCE.
THIS AGREEMENT MAY BE SUSPENDED OR TERMINATED BY MUTUAL CONSENT OF
THE TWO GOVERNMENTS, OR UNILATERALLY BY EITHER OF THEM. IN THE LATTER
CASE, THE DECISION OF ONE GOVERNMENT TO SUSPEND OR TERMINATE IT SHALL BE
SUBJECT TO NINETY DAYS (90) ADVANCE WRITTEN NOTICE TO THE OTHER
GOVERNMENT.
IF EITHER OF THE TWO COUNTRIES BECOMES INVOLVED IN INTERNAL OR
EXTERNAL CONFLICT, THE GOVERNMENT CONCERNED MAY SUSPEND OR TERMINATE
THIS AGREEMENT WITHOUT REGARD TO THE REQUIREMENTS OF A NINETY DAYS (90)
WRITTEN NOTICE.
THE ARMY, NAVY, AND AIR FORCE MISSIONS, HEREINAFTER REFERRED TO
GENERALLY AS SERVICE MISSION, SHALL EACH CONSIST OF A CHIEF OF SERVICE
MISSION, WHO SHALL BE AN OFFICER OF THE ARMED FORCES OF THE UNITED
STATES OF AMERICA ON ACTIVE DUTY WITH THE RANK OF COLONEL FOR THE ARMY
AND AIR FORCE MISSIONS AND CAPTAIN FOR THE NAVY MISSION, AND SUCH
ADDITIONAL PERSONNEL OF THE UNITED STATES OF AMERICA PROPOSED BY THE
COMMANDERS OF THE COLOMBIAN ARMED FORCES IN AGREEMENT WITH THE
CORRESPONDING CHIEFS OF SERVICE MISSIONS AS ARE APPROVED BY THE
COMMANDING GENERAL OF THE ARMED FORCES AND AUTHORIZED BY THE MINISTER OF
DEFENSE OF COLOMBIA, RESPECTIVELY.
THE RANK AND SPECIALTY OF THE ADDITIONAL PERSONNEL REFERRED TO IN
ARTICLE 3 ABOVE SHALL BE DESIGNATED BY EACH COMMANDER OF THE COLOMBIAN
ARMED FORCES AFTER PRIOR AGREEMENT WITH THE RESPECTIVE CHIEF OF SERVICE
MISSION.
THE PERSONNEL ASSIGNED TO EACH SERVICE MISSION IN THE MANNER PROVIDED
IN ARTICLE 3 SHALL HAVE THE STATUS OF ACCREDITED PERSONNEL AND SHALL
THEREFORE BE OFFICIAL MEMBERS OF THEIR RESPECTIVE SERVICE MISSION.
HOWEVER, THE GOVERNMENT OF COLOMBIA MAY ALSO AUTHORIZE THE PRESENCE IN
THE COUNTRY OF SUCH OTHER SUPPLEMENTARY PERSONNEL OF THE ARMED FORCES OF
THE UNITED STATES OF AMERICA AS MAY BE STRICTLY NECESSARY TO PERFORM THE
DUTIES CONCERNED WITH THE ADMINISTRATION OF THE SERVICE MISSIONS; THEY
SHALL BE NON ACCREDITED PERSONNEL.
THE NUMBER, SPECIALTY, AND RANK OF THE NON-ACCREDITED PERSONNEL SHALL
BE MUTUALLY AGREED UPON BY THE COMMANDER OF THE COLOMBIAN SERVICE
CONCERNED AND THE CORRESPONDING CHIEF OF SERVICE MISSION AND SUBMITTED
TO THE COMMANDING GENERAL OF THE COLOMBIAN ARMED FORCES FOR APPROVAL.
THE DUTIES OF THE MEMBERS OF EACH SERVICE MISSION SHALL BE MUTUALLY
AGREED UPON AND ESTABLISHED BY THE COLOMBIAN COMMANDER CONCERNED AND THE
CORRESPONDING CHIEF OF SERVICE MISSION ON THE BASIS OF THE ORGANIC
STRUCTURE AND PERSONNEL STRENGTH PREVIOUSLY AGREED UPON BY THEM AND
APPROVED BY THE COMMANDING GENERAL OF THE COLOMBIAN ARMED FORCES.
THE CHIEFS OF THE SERVICE MISSIONS SHALL BE RESPONSIBLE TO THE
CORRESPONDING COLOMBIAN COMMANDER FOR THE PROPER FUNCTIONING OF THE
ENTITIES AND PERSONNEL UNDER THEIR DIRECTION.
PERSONNEL OF THE SERVICE MISSIONS SHALL DISCHARGE THEIR DUTIES IN THE
RANK CONFERRED UPON THEM BY THE GOVERNMENT OF THE UNITED STATES OF
AMERICA AND SHALL WEAR THE CORRESPONDING UNIFORM.
THE TREATMENT ACCORDED PERSONNEL OF THE SERVICE MISSIONS BY PERSONNEL
OF THE COLOMBIAN ARMED FORCES SHALL BE DETERMINED SOLELY BY EQUIVALENCE
OF RANK FOR MATTERS OF PROTOCOL.
WITH RESPECT TO TRAVEL AND MEDICAL CARE, THE MEMBERS OF THE SERVICE
MISSIONS OF THE UNITED STATES OF AMERICA SHALL HAVE THE RIGHTS TO ENJOY
THE BENEFITS AND PREROGATIVES STIPULATED BY COLOMBIAN ARMED FORCES
REGULATIONS FOR EACH RANK.
ALL PERSONNEL MENTIONED IN ARTICLE 5 AND THEIR FAMILIES SHALL BE
ACCORDED THOSE PRIVILEGES AND IMMUNITIES CORRESPONDING TO THOSE OF
UNITED STATES OF AMERICA EMBASSY PERSONNEL OF COMPARABLE RANK OR GRADE.
MEMBERS OF THE SERVICE MISSIONS OF THE UNITED STATES OF AMERICA SHALL
BE GOVERNED BY THE DISCIPLINARY REGULATIONS OF THE ARMED FORCES OF THE
UNITED STATES OF AMERICA.
THE SERVICES PERFORMED BY THE SERVICE MISSIONS OF THE UNITED STATES
OF AMERICA SHALL NOT BE REMUNERABLE BY THE GOVERNMENT OF COLOMBIA TO THE
SERVICE MISSION MEMBERS OR TO THE TREASURY OF THE UNITED STATES OF
AMERICA.
THE GOVERNMENT OF COLOMBIA WILL PAY TO THE TREASURY OF THE UNITED
STATES OF AMERICA, THE SUM CORRESPONDING TO FIRST CLASS FARES FOR EACH
CHIEF OF SERVICE MISSION AND HIS WIFE AND LEGAL MINOR CHILDREN, AND
TOURIST CLASS FOR OTHER ACCREDITED SERVICE MISSION MEMBERS AND THEIR
WIVES AND LEGAL MINOR CHILDREN, VIA THE SHORTEST USUAL AIR ROUTE, FROM
THE PORT OF EMBARKATION IN THE UNITED STATES OF AMERICA TO THE PLACE OF
OFFICIAL DOMICILE IN COLOMBIA FOR THE ARRIVAL TRIP AND BETWEEN THE PLACE
OF OFFICIAL DOMICILE IN COLOMBIA AND THE PORT OF ENTRY IN THE UNITED
STATES OF AMERICA FOR THE RETURN TRIP.
THE GOVNRNMENT OF COLOMBIA WILL NOT BE OBLIGATED TO PAY THE RETURN
COSTS COVERED IN ARTICLE 14 FOR ANY MEMBER OF THE SERVICE MISSIONS
RECALLED BY THE GOVERNMENT OF THE UNITED STATES OF AMERICA BEFORE
COMPLETING THE TWO YEARS' SERVICE. IN CASE SUCH RECALLED MEMBER IS
REPLACED, THE EXPENSES CONNECTED WITH THE PERSON REPLACING HIM IN
COLOMBIA WILL BE BORNE BY THE GOVERNMENT OF THE UNITED STATES OF
AMERICA.
THE GOVERNMENT OF COLOMBIA WILL GRANT, AT THE REQUEST OF THE CHIEF OF
ANY OF THE SERVICE MISSIONS, EXEMPTION FROM PAYMENT OF CUSTOMS DUTIES ON
ARTICLES IMPORTED FOR PERSONAL OR FAMILY USE BY ALL PERSONNEL REFERRED
TO IN ARTICLE 5.
ACCREDITED MEMBERS OF THE UNITED STATES OF AMERICA SERVICE MISSIONS
ON OFFICIAL ASSIGNMENTS AWAY FROM THEIR OFFICIAL DUTY STATION AND WITHIN
COLOMBIAN TERRITORY SHALL HAVE THE RIGHT TO APPROPRIATE TRANSPORTATION
PROVIDED BY THE GOVERNMENT OF COLOMBIA.
THE GOVERNMENT OF THE REPUBLIC OF COLOMBIA WILL PROVIDE EACH CHIEF OF
SERVICE MISSION AN AUTOMOBILE WITH CHAUFFEUR FOR USE ON OFFICIAL
BUSINESS. THE GOVERNMENT OF COLOMBIA WILL ALSO PROVIDE, UPON REQUEST,
ADEQUATE TRANSPORTATION FOR THE TEMPORARY USE OF SERVICE MISSION MEMBERS
IN THE CONDUCT OF OFFICIAL BUSINESS.
THE COST OF MAINTAINING AND OPERATING THE VEHICLES ASSIGNED TO THE
SERVICE MISSIONS OF THE UNITED STATES OF AMERICA BY THE COLOMBIAN ARMED
FORCES WILL BE BORNE BY THE GOVERNMENT OF THE REPUBLIC OF COLOMBIA.
THE GOVERNMENT OF THE REPUBLIC OF COLOMBIA WILL PROVIDE ADEQUATE
OFFICE SPACE AND UTILITIES FOR USE BY EACH OF THE SERVICE MISSIONS OF
THE UNITED STATES OF AMERICA DURING THE TIME THEY ARE RENDERING THEIR
SERVICES IN ACCORDANCE WITH THE PROVISIONS OF THIS AGREEMENT.
IF ANY ACCREDITED MEMBER OF A SERVICE MISSION OR HIS WIFE AND LEGAL
MINOR CHILDREN SHOULD DIE IN COLOMBIA, THE GOVERNMENT OF THE REPUBLIC OF
COLOMBIA SHALL PAY THE COST OF TRANSPORTING THE REMAINS TO SUCH PLACE IN
THE UNITED STATES OF AMERICA AS THE SURVIVING MEMBERS OF THE FAMILY MAY
DECIDE, BUT THE COST SHALL NOT EXCEED THE COST OF TRANSPORTING SUCH
REMAINS TO NEW YORK CITY.
IF THE DECEASED IS AN ACCREDITED MEMBER OF ONE OF THE SERVICE
MISSIONS, THE GOVERNMENT OF COLOMBIA WILL PAY THE TREASURY OF THE UNITED
STATES OF AMERICA, WITHIN 15 DAYS OF THE DEATH, ALL REIMBURSEMENTS DUE
THE DECEASED FOR FARES AND PER DIEM FOR TRIPS MADE ON COLOMBIAN OFFICIAL
BUSINESS. IT WILL PAY, IN THE SAME MANNER, ONLY RETURN TRANSPORTATION
TO THE UNITED STATES OF AMERICA FOR HIS WIFE AND LEGAL MINOR CHILDREN,
IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE 14 HEREOF.
MEMBERS OF THE SERVICE MISSIONS OF THE UNITED STATES OF AMERICA SHALL
AGREE NOT TO DIVULGE OR DISCLOSE TO ANY FOREIGN GOVERNMENT, OR NATURAL
OR LEGAL PERSON WHATSOEVER ANY SECRET OR CLASSIFIED MATTER OF WHICH HE
MAY BECOME COGNIZANT AS A MEMBER OF THE MISSION. THIS REQUIREMENT SHALL
CONTINUE IN FORCE AFTER TERMINATION OF SERVICE WITH THE SERVICE MISSION
AND AFTER SUSPENSION OR CANCELLATION OF THIS AGREEMENT.
AS USED IN THIS AGREEMENT, THE TERM "FAMILY" IS UNDERSTOOD TO INCLUDE
ONLY THOSE FAMILY MEMBERS FORMING PART OF THE HOUSEHOLD.
EACH ACCREDITED MEMBER OF THE SERVICE MISSION SHALL BE ENTITLED TO
THIRTY (30) CALENDAR DAYS OF ANNUAL LEAVE, OR TO A PROPORTIONAL PART
THEREOF FOR A FRACTIONAL PART OF A YEAR'S SERVICE. DURING SUCH TIME AS
THE MEMBER IS ON DUTY WITH A MISSION, LEAVE WHICH IS NOT USED BECAUSE OF
THE EXIGENCIES OF THE SERVICE MAY BE CUMULATIVE FROM YEAR TO YEAR NOT IN
EXCESS OF THE MAXIMUM ALLOWED BY PERTINENT UNITED STATES OF AMERICA
MILITARY SERVICE REGULATIONS.
THE LEAVE SPECIFIED MAY BE SPENT IN COLOMBIA, IN THE UNITED STATES OF
AMERICA, OR IN OTHER COUNTRIES, BUT FARES, SUBSISTENCE, AND OTHER TRAVEL
EXPENSES SHALL BE BORNE BY THE SERVICE MISSION MEMBER TAKING SUCH LEAVE.
ALL TRAVEL TIME IN CONNECTION WITH LEAVE SHALL COUNT AS LEAVE AND
SHALL NOT BE IN ADDITION TO THE TIME AUTHORIZED IN THE PREVIOUS ARTICLE.
THE LEAVE SPECIFIED IN ARTICLE 23 SHALL BE AUTHORIZED BY THE
APPROPRIATE COLOMBIAN COMMANDER UPON REQUEST BY THE APPLICANT, ENDORSED
BY THE CHIEF OF THE SERVICE MISSION CONCERNED.
ACCREDITED MEMBERS OF THE SERVICE MISSIONS OF THE UNITED STATES OF
AMERICA AND THEIR FAMILIES SHALL BE ENTITLED TO RECEIVE MEDICAL, DENTAL,
AND HOSPITAL CARE AT THE EXPENSE OF THE COLOMBIAN GOVERNMENT UNDER THE
SAME TERMS AS THAT PROVIDED FOR COLOMBIAN ARMED FORCES PERSONNEL OF
EQUAL RANK AND CATEGORY.
ANY ACCREDITED MEMBER OF ONE OF THE SERVICE MISSIONS WHO CANNOT FOR A
PERIOD OF MORE THAN THIRTY (30) DAYS CONTINUE TO PERFORM HIS DUTIES
BECAUSE OF PHYSICAL DISABILITY OR OTHER UNFORESEEN REASONS SHALL BE
REPLACED.
ACCREDITED MEMBERS OF SERVICE MISSIONS SHALL SERVE IN COLOMBIA FOR A
MINIMUM PERIOD OF TWO (2) YEARS; THIS PERIOD MAY BE EXTENDED BY MUTUAL
AGREEMENT OF THE APPROPRIATE COLOMBIAN COMMANDER AND THE CHIEF OF
SERVICE MISSION.
ACCREDITED MEMBERS OF THE SERVICE MISSIONS WHO ARE REPLACED SHALL
TERMINATE THEIR DUTIES ONLY UPON THE ARRIVAL OF THEIR REPLACEMENT,
EXCEPT WHEN OTHERWISE MUTUALLY AGREED BY THE APPROPRIATE COLOMBIAN
COMMANDER AND CHIEF OF SERVICE MISSION.
THIS AGREEMENT RESCINDS THE NAVAL MISSION AGREEMENT OF OCTOBER 14,
1946, AND THE ARMY AND AIR FORCE MISSION AGREEMENTS OF FEBRUARY 21,
1949, AS EXTENDED OR AMENDED BY THE EXCHANGE OF NOTES OF OCTOBER 6 AND
NOVEMBER 4, 1954, AND FEBRUARY 18 AND MARCH 31, 1959, BETWEEN THE
GOVERNMENTS OF THE UNITED STATES OF AMERICA AND THE REPUBLIC OF
COLOMBIA.
THIS AGREEMENT SHALL ENTER INTO FORCE ON THE DATE THE GOVERNMENT OF
COLOMBIA NOTIFIES THE GOVERNMENT OF THE UNITED STATES OF AMERICA THAT
THE REQUIREMENTS ESTABLISHED BY THE LAWS OF . . . FOR ITS ENTRY INTO
FORCE HAVE BEEN FULFILLED.
DONE IN TWO COPIES IN EACH THE ENGLISH AND SPANISH LANGUAGES. DULY
AUTHENTIC AND VALID, AT BOGOTA THIS SEVENTH DAY OF OCTOBER 1974.
FOR THE GOVERNMENT
UNITED STATES OF AMERICA
VIRON PETER VAKY
SG. 212
MR. AMBASSADOR:
I HAVE THE HONOR TO INFORM YOUR EXCELLENCY THAT THE AGREEMENT BETWEEN
THE GOVERNMENT OF THE REPUBLIC OF COLOMBIA AND THE GOVERNMENT OF THE
UNITED STATES OF AMERICA CONCERNING AN ARMY MISSION, A NAVAL MISSION,
AND AN AIR FORCE MISSION OF THE UNITED STATES OF AMERICA ARMED FORCES IN
THE REPUBLIC OF COLOMBIA, SIGNED ON OCTOBER 7, 1974, BY DR. INDALECIO
LIEVANO AGUIRRE AS MINISTER OF FOREIGN AFFAIRS OF COLOMBIA AND BY YOU AS
AMBASSADOR OF THE UNITED STATES OF AMERICA AT BOGOTA, ENTERS INTO FORCE
TODAY, THE PROVISIONS OF COLOMBIAN LAW HAVING BEEN FULFILLED.
BY THIS NOTIFICATION WE ARE COMPLYING WITH ARTICLE 31 OF THE
AFOREMENTIONED AGREEMENT.
I AVAIL MYSELF OF THIS OPPORTUNITY TO RENEW YOUR EXCELLENCY THE
ASSURANCES OF MY MOST DISTINGUISHED CONSIDERATION AND ESTEEM.
HIS EXCELLENCY
VIRON PETER VAKY,
AMBASSADOR OF THE
UNITED STATES OF AMERICA,
BOGOTA.
CANADA 19 JAN 1976 FLITE DOCUMENT NO. 7900045
LETTER OF AGREEMENT EXECUTED 7 AND 19 JANUARY 1976.
AGREEMENT PRESCRIBES PROVISIONS UNDER WHICH CANADA AND UNITED STATES
WILL INSTALL, OPERATE AND MAINTAIN A TELECOMMUNICATIONS CENTER BETWEEN
WASHINGTON, D.C. AND THE NATIONAL DEFENCE HEADQUARTERS OTTAWA, CANADA.
1. THIS LETTER OF AGREEMENT PRESCRIBES THE PROVISIONS UNDER WHICH
BOTH PARTIES WILL INSTALL, OPERATE, AND MAINTAIN A CIRCUIT FOR TOP
SECRET NARRATIVE RECORD TRAFFIC BETWEEN THE PENTAGON TELECOMMUNICATIONS
CENTER (PTC), WASHINGTON, D.C., AND THE NATIONAL DEFENCE HEADQUARTERS
(NDHQ), OTTAWA, CANADA.
2. THE TERMS OF SAID AGREEMENT FOLLOW:
A. THE UNITED STATES AND CANADA WILL EACH BEAR THE SITE PREPARATION,
INSTALLATION AND RECURRING COSTS FOR THEIR RESPECTIVE TELECOMMUNICATIONS
TERMINAL AND ASSOCIATED CRYPTOGRAPHIC EQUIPMENT HEREAFTER REFERRED TO AS
TERMINALS.
B. THE UNITED STATES AND CANADA WILL LEASE THE FULL DUPLEX, 100
WORD-PER-MINUTE CIRCUIT FROM TERMINATION POINTS TO THE CANADIAN/UNITED
STATES BORDER AND PAY FOR THE LEASE, INSTALLATION, AND RECURRING COSTS
WITHIN THEIR RESPECTIVE TERRITORIES.
C. THE UNITED STATES WILL PROVIDE CANADA WITH APPROPRIATE KEYING
MATERIAL FROM ITS NATIONAL SECURITY AGENCY ON A RECURRING BASIS.
D. THE UNITED STATES AND CANADA WILL EACH PROVIDE NORMAL DAY-TO-DAY
MAINTENANCE AND LOGISTIC SUPPORT FOR THEIR RESPECTIVE TERMINALS.
E. THE UNITED STATES AND CANADA EACH MAINTAIN THE RIGHT TO SUSPEND,
LIMIT (E.G. MINIMIZE), OR TERMINATE THE HANDLING OF TRAFFIC WHEN
NECESSARY, IN ACCORDANCE WITH THE POLICIES AND PROCEDURES APPLICABLE TO
UNITED STATES OR CANADIAN TRAFFIC HANDLING PROCEDURES.
F. NEITHER PARTY SHALL BE HELD LIABLE FOR DAMAGES RESULTING FROM ANY
FAILURE OF THE EQUIPMENT, SYSTEM, OR HANDLING OF RECORD TRAFFIC UNDER
THE PROVISIONS OF THIS AGREEMENT.
G. THIS AGREEMENT IS EFFECTIVE ON THE DATE SIGNED BY THE UNITED
STATES AND CANADIAN SIGNATORIES AND WILL BE REVIEWED ANNUALLY UNTIL SUCH
TIME AS THE CANADIAN DEFENCE DATA NETWORK IS INTERCONNECTED WITH THE US
AUTODIN. IT MAY BE TERMINATED 30 DAYS AFTER NOTICE OF TERMINATION IS
GIVEN BY EITHER COUNTRY.
SIGNED:
FOR THE GOVERNMENT OF CANADA
FOR THE GOVERNMENT OF THE UNITED STATES
ETHIOPIA 27 JUN 1975 FLITE DOCUMENT NO. 7900044
CREDIT AGREEMENT EXECUTED 27 JUNE 1975.
PURCHASE ARRANGEMENTS BETWEEN THE GOVERNMENT OF ETHIOPIA AND MILITARY
DEPARTMENTS AND AGENCIES OF THE UNITED STATES DEPARTMENT OF DEFENSE FOR
THE PURCHASE OF DEFENSE ARTICLES AND SERVICES OF UNITED STATES ORIGIN.
CREDIT AGREEMENT, MADE AND ENTERED INTO THE 27TH DAY OF JUNE, 1975,
BETWEEN THE GOVERNMENT OF ETHIOPIA, REPRESENTED BY ITS MINISTRY OF
DEFENSE, AND THE GOVERNMENT OF THE UNITED STATES OF AMERICA, REPRESENTED
BY THE DEPARTMENT OF DEFENSE OF THE UNITED STATES OF AMERICA.
WHEREAS, THE GOVERNMENT OF ETHIOPIA (HEREINAFTER SOMETIMES REFERRED
TO AS THE "BORROWER") DESIRES TO ENTER INTO PURCHASE CONTRACTS
(HEREINAFTER REFERRED TO AS "PURCHASE ARRANGEMENTS") WITH THE MILITARY
DEPARTMENTS AND AGENCIES OF THE UNITED STATES DEPARTMENT OF DEFENSE
(HEREINAFTER REFERRED TO AS "DOD") AND/OR VARIOUS UNITED STATES
COMMERCIAL SUPPLIERS FOR THE PURCHASE OF DEFENSE ARTICLES AND SERVICES
OF UNITED STATES ORIGIN (HEREINAFTER COLLECTIVELY REFERRED TO AS
"DEFENSE ITEMS"); AND
WHEREAS, THE BORROWER HAS REQUESTED THE GOVERNMENT OF THE UNITED
STATES OF AMERICA (HEREINAFTER SOMETIMES REFERRED TO AS THE "LENDER") TO
FINANCE PAYMENTS REQUIRED TO BE MADE BY THE BORROWER UNDER THE PURCHASE
ARRANGEMENTS; AND
WHEREAS, THE AFORESAID REQUESTED CREDIT WILL FACILITATE THE PURPOSES
OF THE UNITED STATES FOREIGN MILITARY SALES ACT, AS AMENDED;
NOW THEREFORE, IN CONSIDERATION OF THE PREMISE AND THE MUTUAL
COVENANTS HEREINAFTER SET FORTH, AND IN IMPLEMENTATION OF, AND SUBJECT
TO THE PROVISIONS OF THE MUTUAL DEFENSE ASSISTANCE AGREEMENTS BETWEEN
THE GOVERNMENT OF ETHIOPIA AND THE GOVERNMENT OF THE UNITED STATES OF
AMERICA, DATED 13 JUNE 1952 AND 22 MAY 1953, THE PARTIES HERETO AGREE AS
FOLLOWS:
1. SUBJECT TO THE TERMS AND CONDITIONS HEREOF, THE LENDER AGREES TO
MAKE LOANS TO THE BORROWER FROM TIME TO TIME IN AN AGGREGATE PRINCIPAL
AMOUNT UP TO BUT NOT EXCEEDING $25 MILLION (HEREINAFTER CALLED THE
"COMMITMENT").
2. THE AFORESAID COMMITMENT SHALL BE AVAILABLE ONLY TO FINANCE THE
PURCHASE OF DEFENSE ITEMS BY THE BORROWER PURSUANT TO PURCHASE
ARRANGEMENTS AUTHORIZED FOR SUCH FINANCING BY DOD WHICH ARE ENTERED INTO
BY THE BORROWER ON OR BEFORE 1 JULY, 1977. EACH AUTHORIZATION FOR THE
BORROWER TO ENTER INTO A PURCHASE ARRANGEMENT IN IMPLEMENTATION OF THIS
CREDIT AGREEMENT SHALL BE SEPARATELY COMMUNICATED BY DOD IN WRITING TO
THE BORROWER, WHICH AUTHORIZATION SHALL SPECIFY THE DEFENSE ITEMS AND
THE AMOUNT OF CREDIT AUTHORIZED FOR THE PURCHASE ARRANGEMENT. THE
BORROWER SHALL INCORPORATE INTO EACH SUCH PURCHASE ARRANGEMENT WITH
COMMERCIAL SUPPLIERS THE PROVISIONS OF ANNEX A HERETO AND ATTACH AS AN
EXHIBIT TO THE PURCHASE ARRANGEMENT A TRUE COPY OF THE APPLICABLE
AFORESAID AUTHORIZATION AND OF PARAGRAPH 9 OF THIS CREDIT AGREEMENT.
3. EACH LOAN HEREUNDER BY THE LENDER SHALL BE MADE IN ACCORDANCE
WITH THE FOLLOWING PROCEDURES:
(A) EACH LOAN SHALL BE MADE ON SUCH DATE (HEREINAFTER REFERRED TO AS
A "DISBURSEMENT DATE") AS MAY BE DESIGNATED BY THE BORROWER FROM TIME TO
TIME UPON TEN (10) DAYS WRITTEN NOTICE BY THE BORROWER TO THE LENDER.
(B) EACH NOTICE SHALL SPECIFY THE AMOUNT OF THE LOAN TO BE MADE BY
THE LENDER ON THE DISBURSEMENT DATE, AND SHALL SPECIFY THE SUPPLIER OR
SUPPLIERS (INCLUDING THE MILITARY DEPARTMENTS OR AGENCIES OF DOD) TO
WHOM THE DISBURSEMENT IS TO BE REMITTED BY THE LENDER.
(C) EACH NOTICE SHALL BE PREPARED IN QUADRUPLICATE ON U.S. STANDARD
FORM 1034 AND SHALL BE SENT TO THE COMPTROLLER, DEFENSE SECURITY
ASSISTANCE AGENCY, THE PENTAGON, WASHINGTON, D.C. 20301.
(D) IN THE CASE OF DISBURSEMENTS REQUESTED TO BE MADE TO COMMERCIAL
SUPPLIERS, THE INVOICES SHALL BE PREPARED IN ACCORDANCE WITH THE
PROCEDURE SET FORTH IN ANNEX A HERETO.
(E) IN THE CASE OF DISBURSEMENTS REQUESTED TO BE MADE TO THE MILITARY
DEPARTMENTS AND AGENCIES OF DOD, THE NOTICES SHALL HAVE ANNEXED THERETO
COPIES OF THE PAYMENT REQUEST RECEIVED BY THE BORROWER FROM SUCH
MILITARY DEPARTMENT OR AGENCY AGAINST WHICH DISBURSEMENT IS REQUESTED.
(F) WITH EACH NOTICE, THE BORROWER SHALL CONCURRENTLY TRANSMIT TO THE
LENDER AT THE ADDRESS SET FORTH IN SUBPARAGRAPH (C) ABOVE OF THIS
PARAGRAPH A PROMISSORY NOTE SUBSTANTIALLY IN THE FORM OF ANNEX B HERETO
(WITH THE BLANKS APPROPRIATELY FILLED IN) RECITING THE OBLIGATION OF THE
BORROWER TO REPAY THE AMOUNT OF SUCH LOAN WITH INTEREST THEREON AS
HEREINAFTER SET FORTH. (THE PROMISSORY NOTES HEREINABOVE REFERRED TO
ARE HEREINAFTER CALLED THE "NOTES" AND INDIVIDUALLY A "NOTE").
4.(A) ALL OCEAN TRANSPORTATION OF THE DEFENSE ARTICLES SHALL BE ON
VESSELS OF UNITED STATES REGISTRY. THE GOVERNMENT OF THE UNITED STATES
WILL GIVE SYMPATHETIC CONSIDERATION ON A CASE-BY-CASE BASIS TO REQUESTS
BY THE BORROWER JUSTIFYING SHIPMENT ON VESSELS OF THE REGISTRY OF THE
BORROWER. CONSIDERATION WILL BE GIVEN TO SECURITY REQUIREMENTS OF THE
BORROWER TO ASSURE SAFE ARRIVAL.
(B) THE BORROWER OR ITS COMMERCIAL SUPPLIERS SHALL BE RESPONSIBLE FOR
OBTAINING SUCH EXPORT LICENSES AS MAY BE NECESSARY FOR DEFENSE ITEMS
FINANCED HEREUNDER.
5. THIS AGREEMENT EVIDENCES THE LEGAL AND BINDING OBLIGATIONS OF THE
BORROWER TO MAKE REPAYMENTS TO THE LENDER FOR DISBURSEMENTS MADE BY THE
LENDER IN ACCORDANCE WITH THE TERMS HEREOF. THE LENDER MAY SELL OR
ASSIGN, IN WHOLE OR IN PART, ITS RIGHTS TO SAID REPAYMENTS AND MAY, WITH
RESPECT TO SUCH SALE OR ASSIGNMENT, GUARANTEE PAYMENT OF THE SAME.
6.(A) THE BORROWER SHALL REPAY THE DISBURSEMENTS MADE BY THE LENDER
IN ACCORDANCE WITH THE PRINCIPAL REPAYMENT SCHEDULE SET FORTH IN ANNEX C
HERETO, AND SHALL PAY INTEREST SEMIANNUALLY ON 31 DECEMBER AND 30 JUNE
COMMENCING 31 DECEMBER 1975, AT THE RATE OF FIVE PERCENT (5%) PER ANNUM,
USING A 365 DAY FACTOR, ON THE AMOUNT BY WHICH FROM TIME TO TIME
CUMULATIVE DISBURSEMENTS EXCEED CUMULATIVE REPAYMENTS OF PRINCIPAL.
(B) IF ON ANY INSTALLMENT REPAYMENT DATE SET FORTH IN THE PRINCIPAL
REPAYMENT SCHEDULE THE BORROWER SHALL NOT HAVE AVAILED ITSELF OF THE
COMMITMENT OF THE LENDER IN AN AGGREGATE AMOUNT (LESS REPAYMENTS
PREVIOUSLY MADE) EQUAL TO THE AGGREGATE INSTALLMENT OF PRINCIPAL WHICH
IS REPAYABLE ON SUCH DATE TO THE LENDER, THE BORROWER SHALL, ON SUCH
INSTALLMENT DATE, REPAY TO THE LENDER THE FULL AMOUNT (LESS REPAYMENTS
PREVIOUSLY MADE) TO WHICH IT HAS AVAILED ITSELF OF THE COMMITMENT OF THE
LENDER TO SUCH DATE, TOGETHER WITH THE INTEREST ACCRUED THEREON. IF AT
ANY TIME THEREAFTER THE BORROWER SHALL AVAIL ITSELF OF THE COMMITMENT OF
THE LENDER IN AN AMOUNT WHICH WOULD HAVE BEEN PAYABLE ON A PRIOR
INSTALLMENT REPAYMENT DATE BUT FOR THE PROVISIONS OF THE IMMEDIATELY
PRECEDING SENTENCE, SUCH AMOUNT, TOGETHER WITH THE INTEREST ACCRUED
THEREON, SHALL BE REPAYABLE ON THE NEXT SUCCEEDING INSTALLMENT DATE OF
THE PRINCIPAL REPAYMENT SCHEDULE OCCURRING AFTER THE DISBURSEMENT OF
SUCH AMOUNT AND THE SAID AGGREGATE INSTALLMENT OF PRINCIPAL REPAYABLE
UNDER THE PRINCIPAL REPAYMENT SCHEDULE TO THE LENDER ON THAT DATE SHALL
BE INCREASED BY SUCH AMOUNT.
(C) IF BY THE DATE SPECIFIED IN PARAGRAPH 2 ABOVE, THE BORROWER SHALL
NOT HAVE ENTERED INTO AUTHORIZED PURCHASE ARRANGEMENTS IN AN AGGREGATE
AMOUNT EQUAL TO THE ENTIRE AMOUNT OF THE COMMITMENT, THE INSTALLMENTS OF
PRINCIPAL REPAYABLE TO THE LENDER SET FORTH IN THE PRINCIPAL REPAYMENT
SCHEDULE SHALL BE REDUCED IN THE INVERSE ORDER OF THE MATURITY THEREOF
TO THE EXTENT OF THE UNUSED BALANCE OF THE COMMITMENT.
(D) WHENEVER ANY REPAYMENT TO BE MADE BY THE BORROWER SHALL BE DUE ON
A SATURDAY, SUNDAY, OR PUBLIC HOLIDAY UNDER THE LAWS OF THE LENDER, SUCH
REPAYMENT MAY BE MADE ON THE NEXT SUCCEEDING BUSINESS DAY, AND SUCH
EXTENSION OF TIME SHALL IN SUCH CASE BE INCLUDED IN COMPUTING INTEREST
IN CONNECTION WITH SUCH REPAYMENT BUT EXCLUDED FROM THE NEXT INTEREST
PERIOD.
(E) THE BORROWER MAY PREPAY THE CREDIT EXTENDED UNDER THIS AGREEMENT
IN PART OR IN FULL ON ANY INTEREST PAYMENT DATE WITHOUT PENALTY OR
PREMIUM, BUT SUCH PREPAYMENT MUST BE ACCOMPANIED BY PAYMENT OF INTEREST
ON THE AMOUNT PREPAID TO THE DATE OF PREPAYMENT AND MUST BE APPLIED TO
THE SATISFACTION OF INSTALLMENTS OF PRINCIPAL REPAYMENTS IN THE INVERSE
ORDER OF THEIR MATURITIES.
(F) ALL REPAYMENTS BY THE BORROWER ON ACCOUNT OF PRINCIPAL OR
INTEREST SHALL BE IN LAWFUL MONEY OF THE UNITED STATES OF AMERICA AND IN
IMMEDIATELY AVAILABLE FUNDS, FREE AND CLEAR OF, AND WITHOUT DEDUCTION
FOR, ANY AND ALL TAXES, LEVIES, IMPOSTS, DEDUCTIONS AND WITHHOLDINGS
WHATSOEVER IMPOSED, LEVIED, COLLECTED OR ASSESSED WITH RESPECT THERETO
BY ANY CENTRAL OR LOCAL AUTHORITY OF THE GOVERNMENT OF ETHIOPIA.
7.(A) THE NOTES SHALL BE FURTHER EVIDENCE OF THE OBLIGATION OF THE
BORROWER TO REPAY THE LOANS MADE HEREUNDER. EACH NOTE SHALL BE DATED
THE PARTICULAR DISBURSEMENT DATE OF THE LOAN WHICH SUCH NOTE EVIDENCES,
SHALL BE PAYABLE TO THE ORDER OF THE GOVERNMENT OF THE UNITED STATES IN
THE PRINCIPAL AMOUNT OF SUCH DISBURSEMENT, AND SHALL BEAR INTEREST ON
THE UNPAID PRINCIPAL AMOUNT THEREOF AS PROVIDED IN PARAGRAPH 6(A).
(B) THE NOTES SHALL BE COMPLETED BY THE BORROWER IN SUCH A MANNER
THAT REPAYMENT OF SUCH LOANS SHALL BE MADE IN THE ORDER OF THEIR
DISBURSEMENT, UTILIZING THE PRINCIPAL REPAYMENT SCHEDULE SET FORTH IN
ANNEX C (AS THE SAME MAY BE ADJUSTED IN ACCORDANCE WITH PARAGRAPHS 6(B)
AND (C) HEREOF), AND, IN DETERMINING WHETHER A PARTICULAR LOAN IS
REPAYABLE IN ONE OR MORE INSTALLMENTS, UTILIZING A PARTICULAR
INSTALLMENT PAYMENT DATE ONLY AFTER THE FULL UTILIZATION OF THE NEXT
PRECEDING INSTALLMENT DATE.
(C) EACH NOTE SHALL BE SIGNED ON BEHALF OF THE BORROWER BY A
REPRESENTATIVE OF THE MINISTRY OF NATIONAL DEFENSE.
8.(A) THE BORROWER REPRESENTS AND WARRANTS THAT THE MAKING AND
PERFORMANCE OF THIS AGREEMENT HAVE BEEN DULY AUTHORIZED IN ACCORDANCE
WITH THE LAWS OF THE GOVERNMENT OF ETHIOPIA AND SHALL FURNISH TO THE
LENDER UPON REQUEST EVIDENCE, SATISFACTORY TO THE LENDER, OF THE
AUTHORITY OF THE PERSON OR PERSONS WHO HAVE SIGNED THIS AGREEMENT ON
BEHALF OF THE BORROWER AND OF THE PERSON OR PERSONS WHO WILL SIGN THE
NOTES PROVIDED FOR HEREIN ON BEHALF OF THE BORROWER, TOGETHER WITH THE
AUTHENTICATED SPECIMEN SIGNATURE, IN DUPLICATE, OF EACH OF THE LATTER.
(B) THIS AGREEMENT SHALL INURE TO THE BENEFIT OF THE HOLDERS OF THE
NOTES, THEIR RESPECTIVE SUCCESSORS AND ASSIGNS. THIS AGREEMENT AND THE
NOTES SHALL BE DEEMED TO BE CONTRACTS UNDER THE LAW OF THE DISTRICT OF
COLUMBIA AND FOR ALL PURPOSES SHALL BE CONSTRUED IN ACCORDANCE WITH SAID
LAW. THE BORROWER AGREES THAT JURISDICTION MAY BE TAKEN BY COURTS IN
THE DISTRICT OF COLUMBIA WITH RESPECT TO MATTERS INVOLVING ANY NOTE,
PROVIDED SUCH NOTE IS HELD BY AN INDIVIDUAL, PARTNERSHIP, CORPORATION,
OR OTHER PRIVATE LEGAL ENTITY.
(C) THE BORROWER SHALL IN ALL CASES PAY WHEN AND AS DUE THE PRINCIPAL
OF AND INTEREST ON ALL NOTES ISSUED HEREUNDER, NOTWITHSTANDING ANY
CLAIMS WHICH THE BORROWER MAY NOW OR HEREAFTER HAVE AGAINST ANY SUPPLIER
OF THE DEFENSE ITEMS, DOD, THE LENDER, OR ANY OTHER PERSON OR ENTITY IN
CONNECTION WITH ANY OTHER TRANSACTION, FOR ANY REASON WHATSOEVER.
9. UPON THE OCCURRENCE OF ANY OF THE FOLLOWING EVENTS OF DEFAULT:
(A) IF THE BORROWER FAILS FOR A PERIOD OF TEN (10) DAYS TO MAKE ANY
PAYMENT OF PRINCIPAL OF, OR INTEREST ON, ANY NOTE WHEN DUE;
(B) IF ANY REPRESENTATION OR WARRANTY MADE BY THE BORROWER HEREIN OR
ANY CERTIFICATE FURNISHED BY THE BORROWER PURSUANT HERETO PROVES TO BE
AT ANY TIME INCORRECT IN ANY MATERIAL RESPECT; OR
(C) IF THE BORROWER DEFAULTS IN THE PERFORMANCE OF ANY OTHER TERM,
COVENANT OR UNDERTAKING CONTAINED IN THIS CREDIT AGREEMENT, AND SUCH
DEFAULT SHALL CONTINUE UNREMEDIED FOR 30 DAYS AFTER WRITTEN NOTIFICATION
THEREOF SHALL HAVE BEEN GIVEN TO THE BORROWER BY THE LENDER; THEN, AND
IN ANY SUCH EVENT, THE HOLDER OF ANY NOTE MAY DECLARE IMMEDIATELY DUE
AND PAYABLE THE UNPAID PRINCIPAL OF, AND ACCRUED INTEREST ON, ANY OR ALL
NOTES HELD BY SUCH HOLDER AND SUCH AMOUNTS SHALL BECOME IMMEDIATELY DUE
AND PAYABLE WITHOUT PROTEST, PRESENTMENT, NOTICE OR OTHER DEMAND OF ANY
KIND, ALL OF WHICH ARE HEREBY EXPRESSLY WAIVED BY THE BORROWER, AND THE
LENDER MAY TERMINATE ITS COMMITMENT HEREUNDER.
10. ALL COMMUNICATIONS AND OTHER DOCUMENTS REQUIRED OR PERMITTED
HEREUNDER, UNLESS SUBMITTED IN THE ENGLISH LANGUAGE, SHALL BE
ACCOMPANIED BY ONE ENGLISH TRANSLATION FOR EACH COPY OF SUCH DOCUMENTS
TO BE FURNISHED AND, IN THE EVENT OF CONFLICT, THE ENGLISH VERSION SHALL
GOVERN. EXCEPT AS OTHERWISE PROVIDED HEREIN, ALL NOTICES, REQUESTS OR
DEMANDS HEREUNDER SHALL BE DEEMED TO HAVE BEEN GIVEN OR MADE UPON THE
MAILING OF THE SAME, POSTAGE PREPAID, OR IN THE CASE OF TELEGRAPHIC
NOTICE, ON DELIVERY TO THE TELEGRAPHIC COMPANY, ADDRESSED IN THE CASE OF
THE BORROWER, TO THE EMBASSY OF ETHIOPIA, 2134 KALORAMA ROAD NW,
WASHINGTON, D.C. 20008, AND IN THE CASE OF THE LENDER TO THE DIRECTOR,
DEFENSE SECURITY ASSISTANCE AGENCY, THE PENTAGON, WASHINGTON, D.C.
20301.
11. THIS AGREEMENT MAY BE EXECUTED IN ANY NUMBER OF COUNTERPARTS AND
BY THE PARTIES HERETO ON SEPARATE COUNTERPARTS, EACH OF WHICH SHALL BE
DEEMED AN ORIGINAL BUT ALL SUCH COUNTERPARTS TO CONSTITUTE ONE AND THE
SAME INSTRUMENT.
12. ANNEXES A THROUGH C ATTACHED HERETO ARE, BY THIS REFERENCE, MADE
A PART OF THIS AGREEMENT.
IN WITNESS WHEREOF, THE PARTIES HERETO HAVE DULY EXECUTED THIS
AGREEMENT THE 27TH DAY OF JUNE 1975.
GOVERNMENT OF ETHIOPIA
SIGNED BY GHEBEYEHOU MEKBIB
CHARGE D'AFFAIRES
ANNEX A AND A2.
THE FOLLOWING PROCEDURES AND CONDITIONS SHALL BE ADHERED TO PRIOR TO
EACH DISBURSEMENT TO BE MADE BY THE GOVERNMENT OF THE UNITED STATES FOR
THE ACCOUNT OF THE GOVERNMENT OF ETHIOPIA.
1. THE SUPPLIER SHALL PREPARE AND SUBMIT TO THE DESIGNATED
REPRESENTATIVES OF THE GOVERNMENT OF ETHIOPIA IN WASHINGTON, D.C.
INVOICES ON U.S. STANDARD FORM 1034 IN SUFFICIENT NUMBER OF COPIES TO
PERMIT THE FORWARDING OF FOUR COPIES TO THE DISBURSING OFFICER
DESIGNATED IN PARAGRAPH 5 BELOW.
2. THE SUPPLIER SHALL INSURE THAT EACH INVOICE IS IN ACCORDANCE WITH
RELEVANT PROVISIONS OF ITS PURCHASE ARRANGEMENT WITH THE GOVERNMENT OF
ETHIOPIA.
3. THE SUPPLIER SHALL ATTACH TO EACH INVOICE A STATEMENT THAT
AUTHORIZED REPRESENTATIVES OF THE GOVERNMENT OF THE UNITED STATES SHALL,
UNTIL THE EXPIRATION OF THREE YEARS AFTER FINAL PAYMENT HEREUNDER, HAVE
ACCESS TO AND THE RIGHT TO EXAMINE ANY DIRECTLY RELATED PERTINENT BOOKS,
DOCUMENTS, PAPERS AND RECORDS OF THE SUPPLIER INVOLVING TRANSACTIONS
RELATING TO THE AFORESAID PURCHASE ARRANGEMENT.
4. TO THE EXTENT THAT ANY INVOICE REQUESTS PAYMENT OF ADVANCES, AS
DISTINGUISHED FROM PAYMENT FOR DELIVERY OF DEFENSE ITEMS OR
REIMBURSEMENT IN THE FORM OF PROGRESS PAYMENTS FOR WORK OR SERVICES
PERFORMED, THE SUPPLIER SHALL ATTACH TO THE INVOICE A STATEMENT SETTING
FORTH THE UNDERTAKING OF THE SUPPLIER THAT THE FULL AMOUNT OF THE
ADVANCE WILL BE MAINTAINED BY THE SUPPLIER IN A SEGREGATED ACCOUNT WHICH
WILL BE APPLIED SOLELY TO THE PERFORMANCE OF THE SUPPLIER'S OBLIGATIONS
UNDER THE PURCHASE ARRANGEMENT.
5. THE DESIGNATED REPRESENTATIVE OF THE GOVERNMENT OF ETHIOPIA IN
WASHINGTON, D.C. SHALL FORWARD SUCH INVOICES TO THE COMPTROLLER, DEFENSE
SECURITY ASSISTANCE AGENCY, THE PENTAGON, WASHINGTON, D.C. 20301.
6. EACH INVOICE SHALL BE ACCOMPANIED BY A CERTIFICATION OF THE
GOVERNMENT OF ETHIOPIA AS FOLLOWS:
"THE GOVERNMENT OF ETHIOPIA CONFIRMS (THAT THE DEFENSE ITEMS SET
FORTH HEREIN HAVE BEEN SATISFACTORILY RECEIVED BY OR FOR THE GOVERNMENT
OF ETHIOPIA) (THAT THE WORK OR SERVICES FOR WHICH PROGRESS PAYMENTS ARE
REQUESTED HAVE BEEN SATISFACTORILY RENDERED) (THAT PAYMENT IS OTHERWISE
DUE) UNDER ITS PURCHASE ARRANGEMENT OF . . . FOR THE PURCHASE OF DEFENSE
ITEMS FROM SUPPLIER, AND CERTIFIES THAT THE BILL IS CORRECT AND JUST AND
THAT PAYMENT THEREFOR HAS NOT BEEN MADE. PAYMENT OF THIS INVOICE IS
REQUESTED BY THE MINISTRY OF DEFENSE OF THE GOVERNMENT OF ETHIOPIA
PURSUANT TO THE TERMS OF THE CREDIT AGREEMENT OF . . . BETWEEN THE
MINISTRY OF DEFENSE OF THE GOVERNMENT OF ETHIOPIA AND THE GOVERNMENT OF
THE UNITED STATES OF AMERICA. THE GOVERNMENT OF ETHIOPIA CONFIRMS THAT
SAID PURCHASE ARRANGEMENT IS ONE OF THE PURCHASE ARRANGEMENTS AUTHORIZED
BY THE DEPARTMENT OF DEFENSE OF THE UNITED STATES OF AMERICA PURSUANT TO
THE AFORESAID CREDIT AGREEMENT OF . . . AND FURTHER CONFIRMS THAT THE
CUMULATIVE TOTAL OF THIS INVOICE AND INVOICES PREVIOUSLY PAID BY THE
GOVERNMENT OF THE UNITED STATES AGAINST SAID PURCHASE ARRANGEMENT DOES
NOT EXCEED THE AGGREGATE CREDIT CEILING ESTABLISHED BY THE GOVERNMENT OF
THE UNITED STATES FOR THE SAID PURCHASE ARRANGEMENT.
ANNEX B AND B2
U.S. $ . . . , WASHINGTON, D.C.
FOR VALUE RECEIVED, THE UNDERSIGNED, THE GOVERNMENT OF . . . (HEREIN
CALLED " . . . "), HEREBY PROMISES TO PAY TO THE ORDER OF THE GOVERNMENT
OF THE UNITED STATES OF AMERICA (HEREIN CALLED "UNITED STATES") THE
PRINCIPAL SUM OF . . . UNITED STATES DOLLARS (U.S. $ . . . ) AS FOLLOWS:
(AMOUNT) (DATE) TOGETHER WITH INTEREST ON ANY AND ALL AMOUNTS
REMAINING UNPAID HEREUNDER FROM TIME TO TIME FROM THE DATE HEREOF UNTIL
THIS NOTE SHALL BE PAID IN FULL, PAYABLE SEMIANNUALLY ON . . . AND . . .
OF EACH YEAR FROM DATE HEREOF AT THE RATE OF . . . PERCENT PER ANNUM (
%) USING A 365 DAY FACTOR, BOTH PRINCIPAL AND INTEREST TO BE PAYABLE IN
LAWFUL MONEY OF THE UNITED STATES OF AMERICA TO THE COMPTROLLER, DEFENSE
SECURITY ASSISTANCE AGENCY, ATTN: FINANCE & ACCOUNTING DIVISION, THE
PENTAGON, WASHINGTON, D.C. 20301. ALL PAYMENTS MADE ON ACCOUNT OF THE
PRINCIPAL AMOUNT REMAINING UNPAID HEREUNDER SHALL BE ENDORSED BY THE
HOLDER ON THE REVERSE SIDE OF THIS NOTE.
WHENEVER ANY PAYMENT TO BE MADE SHALL BE DUE ON A SATURDAY, SUNDAY,
OR A PUBLIC HOLIDAY UNDER THE LAWS OF THE GOVERNMENT OF THE UNITED
STATES, SUCH PAYMENT MAY BE MADE ON THE NEXT SUCCEEDING BUSINESS DAY,
AND SUCH EXTENSION OF TIME SHALL IN SUCH CASE BE INCLUDED IN COMPUTING
INTEREST IN CONNECTION WITH SUCH PAYMENT BUT EXCLUDED FROM THE NEXT
INTEREST PERIOD.
THIS NOTE MAY BE PREPAID ON ANY INTEREST PAYMENT DATE. PREPAYMENTS
SHALL BE APPLIED TO THE INSTALLMENTS HEREOF IN THE REVERSE ORDER OF
THEIR MATURITY. ALL PAYMENTS OF PRINCIPAL AND INTEREST ON THIS NOTE ARE
PAYABLE IN LAWFUL MONEY OF THE UNITED STATES OF AMERICA AND IN
IMMEDIATELY AVAILABLE FUNDS, FREE AND CLEAR OF, AND WITHOUT DEDUCTION
FOR, ANY TAXES, LEVIES, IMPOSTS, DEDUCTIONS, AND WITHHOLDINGS WHATSOEVER
NOW OR HEREAFTER IMPOSED, LEVIED, COLLECTED OR ASSESSED WITH RESPECT
THERETO BY ANY CENTRAL OR LOCAL AUTHORITY OF . . . AND SHALL BE PAID
FREE FROM ALL RESTRICTIONS OF ANY CENTRAL OR LOCAL AUTHORITY OF . . .
THE GOVERNMENT OF . . . AGREES TO PAY ALL OUT-OF-POCKET COSTS AND
EXPENSES IN CONNECTION WITH COLLECTION AFTER DEFAULT OF THIS NOTE
(INCLUDING THE REASONABLE FEES AND OUT-OF-POCKET EXPENSES OF COUNSEL) AS
WELL AS ALL STAMP AND SIMILAR TAXES, IF ANY, NOW OR HEREAFTER IN EFFECT,
AND TO SAVE THE HOLDER OF THE NOTE HARMLESS FROM ANY AND ALL LIABILITIES
WITH RESPECT TO OR RESULTING FROM ANY DELAY OR OMISSION TO PAY SUCH
TAXES.
ANNEX C
THE FIRST $ 1,470,575 OF DISBURSEMENTS ARE REPAYABLE ON 30 JUNE 1977
THE NEXT $ 1,470,575 OF DISBURSEMENTS ARE REPAYABLE ON 31 DECEMBER
1977
THE NEXT $ 1,470,575 OF DISBURSEMENTS ARE REPAYABLE ON 30 JUNE 1978
THE NEXT $ 1,470,575 OF DISBURSEMENTS ARE REPAYABLE ON 31 DECEMBER
1978
THE NEXT $ 1,470,575 OF DISBURSEMENTS ARE REPAYABLE ON 30 JUNE 1979
THE NEXT $ 1,470,575 OF DISBURSEMENTS ARE REPAYABLE ON 31 DECEMBER
1979
THE NEXT $ 1,470,575 OF DISBURSEMENTS ARE REPAYABLE ON 30 JUNE 1980
THE NEXT $ 1,470,575 OF DISBURSEMENTS ARE REPAYABLE ON 31 DECEMBER
1980
THE NEXT $ 1,470,575 OF DISBURSEMENTS ARE REPAYABLE ON 30 JUNE 1981
THE NEXT $ 1,470,575 OF DISBURSEMENTS ARE REPAYABLE ON 31 DECEMBER
1981
THE NEXT $ 1,470,575 OF DISBURSEMENTS ARE REPAYABLE ON 30 JUNE 1982
THE NEXT $ 1,470,575 OF DISBURSEMENTS ARE REPAYABLE ON 31 DECEMBER
1982
THE NEXT $ 1,470,575 OF DISBURSEMENTS ARE REPAYABLE ON 30 JUNE 1983
THE NEXT $ 1,470,575 OF DISBURSEMENTS ARE REPAYABLE ON 31 DECEMBER
1983
THE NEXT $ 1,470,575 OF DISBURSEMENTS ARE REPAYABLE ON 30 JUNE 1984
THE NEXT $ 1,470,575 OF DISBURSEMENTS ARE REPAYABLE ON 31 DECEMBER
1984
THE LAST $ 1,470,800 OF DISBURSEMENTS ARE REPAYABLE ON 30 JUNE 1985
COLOMBIA 15 JUL 1975 FLITE DOCUMENT NO. 7900043
ARRANGEMENT EXECUTED 15 JULY 1975.
ARRANGEMENT TO ASSIST THE GEOGRAPHIC INSTITUTE AGUSTIN CODAZZI (IGAC)
AND THE DEFENCE MAPPING AGENCY (DMA) COVERING THE ACCOMPLISHMENT OF
AERIAL PHOTOGRAPHIC COVERAGE OF COLOMBIA.
ARRANGEMENT BETWEEN THE GEOGRAPHIC INSTITUTO AGUSTIN CODAZZI (IGAC)
AND THE DEFENSE MAPPING AGENCY (DMA) COVERING THE ACCOMPLISHMENT OF
AERIAL PHOTOGRAPHIC COVERAGE OF COLOMBIA
I. DMA/IGAC TERMS OF THE ARRANGEMENT.
SECTION I - GENERAL, OBJECTIVE, PURPOSE.
A. GENERAL.
1. THE FOLLOWING ARRANGEMENT IS PREDICATED ON THE UNDERSTANDING THAT
THE ACCOMPLISHMENT OF THIS JOINT PROGRAM IS BASED UPON THE DIPLOMATIC
AGREEMENT ENTERED INTO BY THE EXCHANGE OF NOTES ON 14 AUGUST 1946 AND 7
JULY 1947 BETWEEN THE GOVERNMENTS OF COLOMBIA AND THE UNITED STATES AND
IS NECESSARILY SUBJECT TO THE AVAILABILITY OF FUNDS, EQUIPMENT AND THE
PRODUCTION CAPACITIES OF THE IMPLEMENTING AGENCIES OF COLOMBIA AND THE
UNITED STATES.
2. PROVISIONS INDICATED BELOW SHALL GOVERN THE EXECUTION OF THIS
ARRANGEMENT.
B. OBJECTIVE.
TO ASSIST THE GEOGRAPHIC INSTITUTE AGUSTIN CODAZZI (IGAC) IN
OBTAINING NEW AERIAL PHOTOGRAPHIC COVERAGE OF COLOMBIA FOR WHICH
ACCEPTABLE AERIAL PHOTOGRAPHY HAS NOT BEEN PREVIOUSLY ACQUIRED.
C. PURPOSE.
TO UTILIZE THE AERIAL PHOTOGRAPHY ACQUIRED BY THIS ARRANGEMENT, FOR
THE DIRECT SUPPORT OF THE NATIONAL TOPOGRAPHIC MAPPING SERIES (CARTA
NACIONAL) PUBLISHED AT 1:25,000, 1:50,000, 1:100,000 AND/OR 1:250,000
SCALES IN ORDER THAT COLOMBIA CAN, AS SOON AS POSSIBLE, HAVE THIS
INFORMATION AVAILABLE TO SUPPORT THE MULTI-PURPOSE NEEDS FOR ITS
DEVELOPMENT.
SECTION II - DMA IGAC ARRANGEMENT.
A. THE GEOGRAPHIC INSTITUTE AGUSTIN CODAZZI (IGAC).
1. THE GEOGRAPHIC INSTITUTE AGUSTIN CODAZZI (IGAC) WILL:
A. FURNISH AIRCRAFT AND MAINTENANCE SUPPORT, FUEL, FLIGHT AND GROUND
SUPPORT CREWS, CAMERAS, FILM, PAPER, FILM PROCESSING EQUIPMENT AND
SUPPLIES TO INCLUDE A WORK AREA FOR THE DMA IAGS PHOTO INSPECTOR,
EQUIPMENT TO SUPPORT THE AERIAL PHOTOGRAPHIC OPERATIONS AND RELATED
GROUND SUPPORT FACILITIES TO COMPLETE THE REMAINING ONCE-OVER AERIAL
PHOTOGRAPHIC COVERAGE OF COLOMBIA REQUIRED FOR THE NATIONAL TOPOGRAPHIC
MAPPING PROGRAM (CARTA NACIONAL) IN ACCORDANCE WITH THE TECHNICAL
CRITERIA AND AREA PRIORITIES NOTED WITHIN THE SPECIFICATIONS, ANNEX A OF
THIS ARRANGEMENT.
B. PROGRAM FOR AN ANNUAL AERIAL PHOTOGRAPHIC ACQUISITION RATE OF NEW
COVERAGE COMMENSURATE WITH THE ANNUAL PRODUCTION RATE OF THE NATIONAL
TOPOGRAPHIC MAPPING PROGRAM (CARTA NACIONAL). FOR PAYMENT PURPOSES THE
ANNUAL PRODUCTION RATE OF THE NATIONAL TOPOGRAPHIC MAPPING PROGRAM IS
ESTIMATED TO BE NO GREATER THAN 65,000 SQUARE KILOMETERS.
C. UTILIZE THE ACCEPTABLE ORIGINAL CARTOGRAPHIC AERIAL NEGATIVES IN
COMPILING THE NATIONAL TOPOGRAPHIC MAP SERIES OF COLOMBIA. THE ORIGINAL
CARTOGRAPHIC NEGATIVES OBTAINED BY THIS ARRANGEMENT SHALL BE CONSIDERED
AS PROPERTY OF THE GOVERNMENT OF COLOMBIA (GOC).
D. DELIVER ONE SET OF ACCEPTED CARTOGRAPHIC AERIAL FILM POSITIVE
RESULTING FROM THIS ARRANGEMENT TO THE DEFENSE MAPPING AGENCY (DMA) AS
PERMANENT PROPERTY OF THE DEFENSE MAPPING AGENCY (DMA). THE IGAC WILL
PROVIDE, WHEN APPROPRIATE, ADDITIONAL FUTURE USE OF THE ORIGINAL FILM,
AT THE REQUEST OF DMA.
E. FURNISH ALL EXPOSED DEVELOPED FILM APPROPRIATELY TITLED, PHOTO
INDEXES AND LINE PLOTS AND ONE SET OF BLACK PRINTS TO THE DMA IAGS
INSPECTOR FOR EVALUATION.
B. THE DEFENSE MAPPING AGENCY (DMA).
1. THE DEFENSE MAPPING AGENCY (DMA) WILL PAY THE GEOGRAPHIC
INSTITUTE AGUSTIN CODAZZI (IGAC) FOR ACCEPTABLE NEW AERIAL PHOTOGRAPHIC
COVERAGE UPON EVALUATION OF THE ORIGINAL CARTOGRAPHIC AERIAL NEGATIVES
BY THE DEFENSE MAPPING AGENCY (DMA) AND THE DELIVERY OF THE ACCEPTABLE
CARTOGRAPHIC AERIAL FILM POSITIVES TO THE DEFENSE MAPPING AGENCY (DMA)
IN ACCORDANCE WITH THE FINANCIAL ASPECTS OF THIS ARRANGEMENT, SECTION
III.
2. THE DEFENSE MAPPING AGENCY INTER AMERICAN GEODETIC SURVEY (DMA
IAGS) WILL INSPECT ALL AERIAL FILM ACQUIRED IN ACCORDANCE WITH THIS
ARRANGEMENT FOR ACCEPTANCE OR REJECTION BASED ON THE TECHNICAL CRITERIA
AND AREA COVERAGE NOTED WITHIN THE SPECIFICATIONS, ANNEX A. DMA IAGS
WILL NORMALLY NOTIFY THE GEOGRAPHIC INSTITUTE AGUSTIN CODAZZI (IGAC) OF
ACCEPTED AND/OR REJECTED AERIAL PHOTOGRAPHY WITHIN 48 HOURS AFTER NEWLY
ACQUIRED PHOTOGRAPHY IS DELIVERED TO THE INSPECTION AREA. A FORMAL
MONTHLY PROGRESS REPORT REFLECTING THE STATUS OF THIS ARRANGEMENT WILL
BE SUBMITTED BY DMA IAGS TO THE DIRECTOR OF THE GEOGRAPHIC INSTITUTE
AGUSTIN CODAZZI (IGAC). DMA IAGS WILL PROVIDE TO THE GEOGRAPHIC
INSTITUTE AGUSTIN CODAZZI (IGAC) FULL COOPERATION AND TECHNICAL
ASSISTANCE DURING THE AERIAL PHOTOGRAPHIC OPERATIONS AND PROCESSING OF
MATERIALS TOWARDS THE FULFILLMENT OF THE OBJECTIVE AND PURPOSE OF THIS
ARRANGEMENT.
FOREIGN TEXT OMITTED
SECTION III - FINANCIAL ASPECTS AND TERMS.
A. FINANCIAL ASPECTS OF THE ARRANGEMENT
1. IN CONSIDERATION OF THE PERFORMANCE OF THE AERIAL PHOTOGRAPHIC
COVERAGE REQUIRED BY THIS ARRANGEMENT, THE DEFENSE MAPPING AGENCY (DMA)
WILL PAY THE GEOGRAPHIC INSTITUTE AGUSTIN CODAZZI (IGAC) FOR ALL
ACCEPTED ORIGINAL CARTOGRAPHIC AERIAL NEGATIVES TAKEN OVER THE AREAS
SPECIFIED WITHIN THE SPECIFICATIONS, ANNEX A, WITHIN THIRTY (30) DAYS
AFTER THE DELIVERY OF AN ACCEPTABLE CORRESPONDING SET OF FILM POSITIVES
TO THE DEFENSE MAPPING AGENCY (DMA) IN ACCORDANCE TO THE FOLLOWING RATE.
A. FOR ACCEPTABLE AERIAL MAPPING PHOTOGRAPHY OF AREA 1 SHOWN ON PAGE
33, ANNEX B AND DESCRIBED WITHIN THE SPECIFICATIONS, ANNEX A, THE RATE
OF $1.90 U.S. CURRENCY PER SQUARE KILOMETER IS ESTABLISHED.
B. FOR ACCEPTABLE MAPPING PHOTOGRAPHY OF AREA 2 SHOWN ON PAGE 33,
ANNEX B AND DESCRIBED WITHIN THE SPECIFICATIONS, ANNEX A, THE RATE OF
$1.14 U.S. CURRENCY PER SQUARE KILOMETER IS ESTABLISHED.
2. IN CONSIDERATION OF THE OBJECTIVE AND PURPOSE OF THIS
ARRANGEMENT, THE GEOGRAPHIC INSTITUTE AGUSTIN CODAZZI (IGAC) WILL
SCHEDULE AERIAL PHOTOGRAPHIC OPERATIONS TO ACQUIRE NEW COVERAGE FOR
WHICH ACCEPTABLE AERIAL PHOTOGRAPHY HAS NOT PREVIOUSLY BEEN ACQUIRED
OVER THE PRIORITY I AREA NOTED WITHIN THE SPECIFICATIONS, ANNEX A. THE
GEOGRAPHIC INSTITUTE AGUSTIN CODAZZI ANNUAL ACQUISITION RATE OF NEW
COVERAGE FOR PAYMENT PURPOSES WILL NOT EXCEED EITHER ALTERNATE A OR
ALTERNATE B.
A. ALTERNATE A, AREA 1. SQUARE KILOMETERS VERTICAL PHOTOGRAPHY
$91,000.
B. ALTERNATE B, AREA 1. SQUARE KILOMETERS VERTICAL PHOTOGRAPHY
$40,365.
AREA 2. SQUARE KILOMETERS VERTICAL PHOTOGRAPHY $50,635.
C. DURING THIS ARRANGEMENT, THE TOTAL ANNUAL ACQUISITION RATE OF
PHOTO COVERAGE FOR PAYMENT PURPOSES WILL NOT EXCEED $91,000.
B. TERMS.
1. THE AERIAL PHOTOGRAPHY ACQUIRED UNDER THIS ARRANGEMENT SHALL NOT
BE REVEALED TO A THIRD NATION, ITS NATIONALS, INDIVIDUAL OR CORPORATE,
OR AGENTS, BY THE DEFENSE MAPPING AGENCY (DMA) IN ACCORDANCE WITH 14
AUGUST 1946 AND 7 JULY 1947 EXCHANGE OF DIPLOMATIC NOTES BETWEEN THE
GOVERNMENTS OF COLOMBIA AND THE UNITED STATES.
2. THIS ARRANGEMENT SHALL BECOME EFFECTIVE UPON SIGNATURE BY THE
DIRECTOR OF THE GEOGRAPHIC INSTITUTE AGUSTIN CODAZZI (IGAC) AND THE
DIRECTOR OF THE DEFENSE MAPPING AGENCY (DMA).
3. SUBJECT TO AVAILABILITY OF FUNDS, EQUIPMENT AND THE PRODUCTION
CAPACITIES OF THE IMPLEMENTING AGENCIES, THIS ARRANGEMENT SHALL REMAIN
IN EFFECT UNTIL TERMINATION OF THE WORK CONTEMPLATED.
4. EITHER PARTY TO THIS ARRANGEMENT, I.E., THE GEOGRAPHIC INSTITUTE
AGUSTIN CODAZZI (IGAC) OR THE DEFENSE MAPPING AGENCY (DMA), MAY
TERMINATE OR DEFER THIS ARRANGEMENT BY WRITTEN NOTICE SIX MONTHS IN
ADVANCE.
FOREIGN TEXT OMITTED
CANADA 12 JUN 1975 FLITE DOCUMENT NO. 7900042
MEMORANDUM OF AGREEMENT EXECUTED 12 JUNE 1975.
AGREEMENT ON THE EXCHANGE OF MILITARY PERSONNEL BETWEEN THE U.S.
NAVY AND THE CANADIAN ARMED FORCES AND ON THE GENERAL CONDITIONS WHICH
WILL APPLY TO THE EXCHANGE OF SUCH PERSONNEL.
MEMORANDUM OF AGREEMENT ON THE EXCHANGE OF MILITARY PERSONNEL BETWEEN
THE UNITED STATES NAVY AND THE CANADIAN ARMED FORCES AND ON THE GENERAL
CONDITIONS WHICH WILL APPLY TO THE EXCHANGE OF SUCH PERSONNEL
1. THE UNITED STATES NAVY/CANADIAN ARMED FORCES EXCHANGE PROGRAM HAS
BEEN ESTABLISHED FOR THE PURPOSE OF PROVIDING A SYSTEM OF MUTUAL
EXCHANGE OF MILITARY PERSONNEL BETWEEN THE TWO SERVICES. IT IS DESIGNED
TO ESTABLISH AN ACTIVE RELATIONSHIP BETWEEN THE U.S. NAVY AND THE
CANADIAN ARMED FORCES BY WHICH THE EXPERIENCE, PROFESSIONAL KNOWLEDGE
AND DOCTRINE OF BOTH SERVICES ARE SHARED TO THE MAXIMUM EXTENT
PERMISSIBLE UNDER EXISTING POLICIES OF THE UNITED STATES AND CANADA.
2. SELECTION CRITERIA: OFFICERS SELECTED FOR EXCHANGE DUTY SHALL BE
THOSE WHO HAVE DEMONSTRATED CAPABILITIES FOR FUTURE HIGHER COMMAND AND
STAFF POSITIONS, WHO ARE WELL VERSED IN THE PRACTICES AND DOCTRINES OF
THEIR SERVICE, AND ARE PARTICULARLY QUALIFIED THROUGH EXPERIENCE FOR THE
EXCHANGE POSITION WHICH THEY WILL FILL. ENLISTED PERSONNEL SELECTED FOR
EXCHANGE DUTY SHALL BE THOSE WHO HAVE DEMONSTRATED SUPERIOR PROFESSIONAL
PERFORMANCE AND LEADERSHIP IN THEIR RESPECTIVE RATES OR TRADES AND ARE
PARTICULARLY QUALIFIED THROUGH EXPERIENCE FOR THE EXCHANGE POSITION
WHICH THEY WILL FILL.
3. TOUR OF DUTY: THE NORMAL TOUR OF DUTY FOR EXCHANGE PERSONNEL
EXCLUSIVE OF TRAVEL TIME BETWEEN COUNTRIES, WILL BE FOR A PERIOD OF TWO
YEARS. ANY TIME REQUIRED FOR A FORMAL COURSE OF INSTRUCTION WILL BE IN
ADDITION TO THE NORMAL TOUR. EXCEPTIONS AND/OR ADJUSTMENTS TO THE TOUR
OF EXCHANGE PERSONNEL WILL BE BASED ON MUTUAL AGREEMENT BETWEEN THE
PARTICIPATING SERVICES.
4. NUMBER OF MILITARY PERSONNEL TO BE EXCHANGED: THE NUMBER OF
PERSONNEL NOW PLANNED TO BE EXCHANGED AT ANY ONE TIME WILL BE AS
MUTUALLY AGREED BETWEEN THE NATIONAL DEFENCE HEADQUARTERS AND THE CHIEF
OF NAVAL OPERATIONS.
5. DUTIES: EXCHANGE PERSONNEL WILL BE ASSIGNED DUTIES BY THE
COMMANDING OFFICER OF THE HOST SERVICE UNITS TO WHICH THEY ARE ASSIGNED.
THESE DUTIES SHALL BE AGREEABLE TO THE PARENT SERVICE. SUCH PERSONNEL
WILL FUNCTION FULLY AS MEMBERS OF THE HOST SERVICE UNIT. THE HOST
SERVICE, HOWEVER, WILL UNDERTAKE NOT TO PLACE EXCHANGE PERSONNEL IN DUTY
ASSIGNMENTS IN WHICH DIRECT HOSTILITIES WITH FORCES OF THIRD STATES ARE
LIKELY. SHOULD HOSTILITIES OCCUR UNEXPECTEDLY, INVOLVING A UNIT TO
WHICH EXCHANGE PERSONNEL ARE ASSIGNED, SUCH PERSONNEL SHOULD NOT BE
EMPLOYED IN THE ACTIVE OPERATIONS OF THE HOSTILITIES WITHOUT PRIOR
APPROVAL FROM THE PARENT SERVICE, EXCEPT IN EXTRAORDINARY CIRCUMSTANCES
IN WHICH COMMUNICATION CANNOT BE REASONABLY ESTABLISHED WITH THE PARENT
SERVICE AND THE EXCHANGE PERSONNEL ARE CONSIDERED ESSENTIAL IN THE
OPERATIONS OF THE UNIT EMPLOYED. IN THE LATTER EXTRAORDINARY
CIRCUMSTANCE, THE HOST SERVICE WILL MAKE EVERY EFFORT TO REMOVE EXCHANGE
PERSONNEL FROM ACTIVE PARTICIPATION IN THE HOSTILITIES OF THE UNIT.
6. ADMINISTRATION AND CONTROL: EXCHANGE PERSONNEL WILL BE
ADMINISTERED AND CONTROLLED AS PRESCRIBED BY THE PARENT SERVICES:
A. U.S. NAVY PERSONNEL ON EXCHANGE DUTY WITH CANADA WILL BE UNDER THE
ADMINISTRATION AND CONTROL OF THE U.S. NAVAL ATTACHE, OTTAWA, CANADA.
B. CANADIAN FORCES PERSONNEL WILL BE UNDER THE ADMINISTRATION AND
CONTROL OF THE CANADIAN DEFENCE LIAISON STAFF, WASHINGTON, D.C.
7. DISCIPLINE: EXCHANGE PERSONNEL WILL COMPLY WITH THE REGULATIONS,
ORDERS, INSTRUCTIONS, AND CUSTOMS OF THE HOST SERVICE INSOFAR AS THEY
ARE APPLICABLE. EXCHANGE PERSONNEL ARE TO BE ISSUED WRITTEN
INSTRUCTIONS BY AN APPROPRIATE AUTHORITY OF THEIR PARENT SERVICE THAT
THEY ARE TO OBEY LAWFUL ORDERS AND COMMANDS OF PERSONNEL SENIOR TO THEM
IN RANK IN THE HOST SERVICE. (A TABLE OF RANK EQUIVALENCY FOR
NON-COMMISSIONED AND ENLISTED PERSONNEL EXCHANGED UNDER THIS PROGRAM IS
ATTACHED AS AN APPENDIX). PERSONNEL COMMITTING AN OFFENSE UNDER THE
LAWS OF EITHER THE PARENT OR THE HOST SERVICE MAY BE WITHDRAWN FROM THE
EXCHANGE PROGRAM WITH A VIEW TOWARD FURTHER ADMINISTRATIVE OF
DISCIPLINARY ACTION TAKEN BY THE PARENT SERVICE WHEN CONSIDERED
NECESSARY. DISCIPLINARY ACTION, HOWEVER, SHALL NOT BE TAKEN BY THE HOST
SERVICE AGAINST EXCHANGE PERSONNEL. THE RESPECTIVE SERVICES SHALL
COOPERATE IN THE CARRYING OUT OF ADMINISTRATIVE OR DISCIPLINARY ACTION
AGAINST THE OFFENDER BY THE PARENT SERVICE.
8. PROFESSIONAL PROFICIENCIES: THE HOST SERVICE WILL PROVIDE
NECESSARY TRAINING FACILITIES WHEREVER PRACTICABLE SO THAT THE EXCHANGE
PERSONNEL MAY MAINTAIN THEIR PROFESSIONAL PROFICIENCIES IN ACCORDANCE
WITH THE REGULATIONS OF THEIR PARENT SERVICE.
9. LEAVE: EXCHANGE PERSONNEL MAY BE GRANTED LEAVE IN ACCORDANCE
WITH THE REGULATIONS OF THE PARENT SERVICES, PROVIDED SUCH LEAVE IS ALSO
APPROVED BY THE PROPER AUTHORITIES OF THE HOST SERVICE.
10. UNIFORM: EXCHANGE PERSONNEL ARE TO COMPLY WITH THE DRESS
REGULATIONS OF THEIR SERVICE AND THE ORDER OF DRESS FOR ANY OCCASION IS
TO BE THAT WHICH MOST NEARLY CONFORMS TO THE ORDER OF DRESS OF THE
PARTICULAR UNIT WITH WHICH THEY ARE SERVING. LOCAL COMMANDING OFFICERS
WILL NOT ISSUE INSTRUCTIONS TO EXCHANGE PERSONNEL WHICH CANNOT BE
COMPLIED WITH BY REASON OF DIFFERENCES IN DRESS REGULATIONS. CUSTOMS OF
THE HOST SERVICE WILL BE OBSERVED WITH RESPECT TO THE WEARING OF
CIVILIAN CLOTHES.
11. MESSING AND QUARTERS: THE HOST SERVICE MAY PROVIDE MESSING
FACILITIES AND FAMILY-TYPE OR SINGLE QUARTERS FOR EXCHANGE PERSONNEL, IF
AVAILABLE, AND ON THE SAME BASIS AND TO THE SAME EXTENT THAT IT PROVIDES
QUARTERS FOR ITS OWN PERSONNEL. IN ANY CASE, THE HOST SERVICE WILL
RENDER ALL PRACTICAL ASSISTANCE IN LOCATING AND OBTAINING SUITABLE
HOUSING FOR EXCHANGE PERSONNEL.
12. STATUS: IN THE TERRITORY OF THE HOST STATE, THE STATUS OF
EXCHANGE PERSONNEL AND THEIR DEPENDENTS WILL BE GOVERNED BY THE NATO
STATUS OF FORCES AGREEMENT, SIGNED AT LONDON ON JUNE 19, 1951
(HEREINAFTER REFERRED TO AS "NATO SOFA"). MOREOVER, WITH RESPECT TO US
EXCHANGE PERSONNEL AND THEIR DEPENDENTS WHILE IN CANADA, THE PROVISIONS
OF THE LEASED BASES AGREEMENT OF 1941, AS AMENDED, WHERE DEALING WITH
MATTERS NOT COVERED IN THE NATO SOFA WILL ALSO APPLY.
13. REPORTS: PERIODIC OR OTHER REPORTS WHICH EXCHANGE PERSONNEL MAY
BE REQUIRED TO MAKE BY THEIR OWN SERVICE OR WHICH THEY WISH TO MAKE
CONCERNING THEIR EXCHANGE DUTIES WILL BE SUBMITTED AS FOLLOWS:
A. U.S. NAVY EXCHANGE PERSONNEL WILL FORWARD THEIR REPORTS, BY
APPROPRIATE SERVICE CHANNELS, THROUGH THEIR CANADIAN FORCES COMMANDING
OFFICER TO THE CNO VIA THE U.S. NAVAL ATTACHE, OTTAWA.
B. CANADIAN FORCES EXCHANGE PERSONNEL WILL FORWARD THEIR REPORTS, BY
APPROPRIATE SERVICE CHANNELS, THROUGH THEIR U.S. NAVY COMMANDING OFFICER
TO CDLS, WASHINGTON.
14. FINANCIAL ARRANGEMENTS: THE U.S. NAVY AND THE CANADIAN FORCES
HAVE ESTABLISHED THE FOLLOWING MUTUAL AGREEMENTS RELATIVE TO FINANCIAL
ARRANGEMENTS OF THE U.S. NAVY/CANADIAN FORCES EXCHANGE PROGRAM:
A. THE PARENT SERVICE WILL ASSUME RESPONSIBILITY FOR THE FOLLOWING
COMPENSATIONS AND EXPENSES WITH RESPECT TO EXCHANGE PERSONNEL IN
ACCORDANCE WITH THE REGULATIONS OF THAT SERVICE:
(1) PAY AND NORMAL ALLOWANCES, INCLUDING COMMUTATION OF QUARTERS,
STATION OR OTHER LOCATION ALLOWANCES WHERE AUTHORIZED, AND SUBSISTENCE;
(2) TRAVEL ALLOWANCES AND RELATED EXPENSES PAYABLE TO THE MEMBER;
(3) COMPENSATION FOR LOSS OF OR DAMAGE TO UNIFORMS, PERSONAL
EQUIPMENT, ETC., OF EXCHANGE PERSONNEL;
(4) MEDICAL AND DENTAL TREATMENT OTHER THAN THAT COVERED BY (B)(2)
BELOW;
(5) BURIAL AND OTHER EXPENSE INCIDENT TO DEATH OF EXCHANGE PERSONNEL;
(6) EXPENDITURES, INCLUDING COST OF TRANSPORTATION, IN CONNECTION
WITH ANY SPECIAL DUTY PERFORMED ON BEHALF OF THE PARENT COUNTRY DURING
THE PERIOD OF EXCHANGE;
(7) TRANSPORTATION, TRAVEL, REMOVAL, AND ALL RELATED EXPENSES
INCURRED ON INITIAL ASSIGNMENT TO FIRST PLACE OF DUTY WITH THE HOST
SERVICE AND FROM LAST PLACE OF DUTY WITH THE HOST SERVICE AT THE
CONCLUSION OF THE EXCHANGE TOUR;
(8) TRANSPORTATION, TRAVEL, AND ALL RELATED EXPENSES INCURRED BY
EXCHANGED PERSONNEL AND THEIR DEPENDENTS ON A PARENT SERVICE INITIATED
RELOCATION MOVE DURING THE EXCHANGE TOUR.
B. EXCEPT FOR EXPENDITURES COVERED IN (A) ABOVE, THE HOST SERVICE
WILL PROVIDE THE FOLLOWING SERVICES, AND ASSUME CHARGES THEREOF, IN
ACCORDANCE WITH THE REGULATIONS OF THAT SERVICE:
(1) COST OF TRANSPORTATION WHILE ON DUTY, WHEN TRAVEL IS IN THE
INTEREST OF THE HOST COUNTRY. TRAVEL ALLOWANCES AND EXPENSES REMAIN THE
LIABILITY OF THE PARENT SERVICE;
(2) MEDICAL AND DENTAL TREATMENT (EXCLUDING THE PROVISION OF
DENTURES) AVAILABLE AT SERVICE HOSPITALS AND OTHER SERVICE UNITS;
(3) FACILITIES TO MAINTAIN PROFESSIONAL PROFICIENCIES; AND
(4) MOVES OF EXCHANGE PERSONNEL AND THEIR DEPENDENTS DURING THE
EXCHANGE TOUR RESULTING FROM RELOCATION OF A UNIT TO WHICH EXCHANGE
PERSONNEL ARE ASSIGNED.
C. THE RIGHT OF INDIVIDUAL PERSONNEL TO COMPENSATION FOR EXPENSES
INCURRED WHILE ON EXCHANGE ASSIGNMENTS WILL BE IN ACCORDANCE WITH
REGULATIONS OF THE PARENT GOVERNMENT.
D. EXPENSES IN CONNECTION WITH THE FAMILIES OF PERSONNEL EXCHANGED
WILL BE BORNE BY THE SERVICE LIABLE FOR THE CORRESPONDING COSTS IN THE
CASE OF THE PERSONNEL AND WILL BE IN ACCORDANCE WITH THE REGULATIONS OF
THAT SERVICE.
E. COMPENSATION OR ANY REIMBURSEMENT UNDER THIS AGREEMENT TO WHICH
EXCHANGE PERSONNEL OF THE U.S. NAVY MAY BE ENTITLED, AND FOR WHICH THE
CANADIAN ARMED FORCES MAY BE RESPONSIBLE SHALL BE PAID BY THE CANADIAN
ARMED FORCES TO THE CHIEF OF NAVAL OPERATIONS, U.S. NAVY. IT WILL BE
THE RESPONSIBILITY OF THE U.S. NAVY TO COMPENSATE OR TO REIMBURSE
EXCHANGE PERSONNEL WHO ARE MEMBERS OF THE U.S. NAVY. CANADIAN ARMED
FORCES COMMANDING OFFICERS OF EXCHANGE PERSONNEL FROM THE U.S. NAVY
SHALL PROVIDE AN ENDORSEMENT TO CLAIMS FOR PAYMENT SUBMITTED BY THOSE
EXCHANGE PERSONNEL TO THE U.S. NAVAL ATTACHE, OTTAWA. THAT ENDORSEMENT
SHALL STATE THE AMOUNT WHICH WOULD BE PAID ON THE CLAIM UNDER THE
APPLICABLE REGULATIONS OF THE CANADIAN ARMED FORCES. ACCOUNTS BETWEEN
THE TWO SERVICES WILL BE SETTLED ANNUALLY. COMPENSATION OR ANY
REIMBURSEMENTS UNDER THIS AGREEMENT TO WHICH EXCHANGE PERSONNEL OF THE
CANADIAN ARMED FORCES MAY BE ENTITLED, AND FOR WHICH THE U.S. NAVY MAY
BE RESPONSIBLE, SHALL BE PAID BY THE U.S. NAVY DIRECTLY TO THE CANADIAN
ARMED FORCES PERSONNEL.
15. AMENDMENTS AND TERMINATION: THIS MEMORANDUM OF AGREEMENT MAY BE
AMENDED BY AGREEMENT BETWEEN THE PARTIES THERETO. IT MAY BE TERMINATED
BY EITHER PARTY AFTER SIX MONTHS WRITTEN NOTICE HAS BEEN GIVEN TO THE
OTHER PARTY OR, IN AN EMERGENCY, BY IMMEDIATE NOTICE.
FOR THE CANADIAN FORCES:
M. A. MARTIN
COMMODORE
CANADIAN FORCES ATTACHE (MARITIME)
U.S. NAVY/CANADIAN FORCES RATE COMPARISON
CP USN
MASTER WARRANT OFFICER CPO (E-9)
WARRANT OFFICER CPO (E-8)
SERGEANT CPO (E-7)
MASTER CORPORAL PO 1 (E-6)
CORPORAL PO 2 (E-5)
PRIVATE (PAY LEVEL 4) PO 3 (E-4)
APPENDIX TO MEMORANDUM OF AGREEMENT ON THE EXCHANGE OF MILITARY
PERSONNEL BETWEEN THE UNITED STATES NAVY AND THE CANADIAN ARMED FORCES
AND ON THE GENERAL CONDITIONS WHICH WILL APPLY TO THE EXCHANGE OF SUCH
PERSONNEL
AUSTRALIA 5 JUN 1975 FLITE DOCUMENT NO. 7900041
EXCHANGE OF LETTERS EXECUTED 23 APRIL AND 5 JUNE 1975.
AGREEMENT REGARDING PUBLIC ROAD REALIGNMENT THROUGH NAVAL
COMMUNICATION STATION HAROLD E. HOLT. PURSUANT TO LAND USE AGREEMENT
SUB-CLAUSE 13(3).
COMMANDING OFFICER
NAVAL COMMUNICATION STATION HAROLD E. HOLT
EXMOUTH, W.A. 6707
DEAR SIR,
FURTHER TO OUR RECENT DISCUSSION, ENCLOSED ARE COPIES OF RELEVANT
CORRESPONDENCE DATED 1966 DEALING WITH THE ABOVE TOPIC.
YOU WILL NOTE THAT IN 1966 THE THEN COMMANDING OFFICER, U.S.N.C.S.
EXMOUTH, GAVE APPROVAL TO THE SURRENDER OF 7 ACRES 3 ROODS AND 24
PERCHES OF LAND ON THE PERIPHERY OF AREA C.
THE STATE HAS NOW INDICATED TO THE DEPARTMENT OF PROPERTY AND
SERVICES THAT, FOLLOWING A SURVEY, THE AREA NOW REQUIRED FOR THE ROAD
DEVIATION IS 5.8915 HECTARE (14.5 ACRES). PLANS C AND D ATTACHED REFER.
THE REALIGNMENT OF THE ROAD HAS ALREADY BEEN COMPLETED BEING PORTION OF
THE ROAD CONSTRUCTED BY THE MAIN ROADS DEPARTMENT IN 1966 WITH FUNDS
PROVIDED BY THE U.S.N. THE ADDITIONAL AREA OF LAND IS REQUIRED, IT IS
UNDERSTOOD, TO ALLOW THE ROAD RESERVE TO CONFORM IN ALL RESPECTS WITH
THE BALANCE OF THE ROAD.
IT WOULD BE APPRECIATED IF YOU WOULD ADVISE PLEASE WHETHER APPROVAL
IS GIVEN BY YOU FOR THE RESUMPTION OF THE 5.8915 HECTARES FOR THE
PURPOSE STATED.
(MAPS OMITTED)
CIVIL COMMISSIONER
EXMOUTH, W.A. 6707
DEAR SIR,
IN REPLY TO YOUR LETTER OF 23 APRIL 1975, CONCERNING THE MINILYA -
EXMOUTH ROAD DEVIATION - AREA C, I WISH TO ADVISE THAT THE UNITED STATES
NAVY HAS NO OBJECTION TO THE USE OF THE PORTION OF LAND DESCRIBED IN
REFERENCED LETTER. THIS AGREEMENT IS MADE PURSUANT TO THE TERMS OF
SUB-CLAUSE 13(3) OF THE LAND USE AGREEMENT, AND NO COST WILL BE INCURRED
BY THE UNITED STATES NAVY FOR CONSTRUCTION OR MAINTENANCE UNDER
SUB-CLAUSE 13(4) OF THAT ARRANGEMENT.
GUYANA 21 JUN 1977 FLITE DOCUMENT NO. 7900040
MESSAGE OF TERMINATION OF AGREEMENT EXECUTED 21 JUNE 1977.
MESSAGE INDICATING EXCHANGE OF NOTES TERMINATING AIR BASE AGREEMENT
OF 26 MAY 1966.
VZCZCMLT770ILN023 UNCLASSIFIED ZYUW
MULT
ACTION
DISTR
CJCS(01) DJS(03) SJCS(02) J3(14) J4(08) J5(02) SECDEF (07)
SECDEF: ASD:ISA(10) ASD:IL(02) ASD:M&RA(01) ASD:C31(04)
ASD:PA&E(01) GC(01) ASD:PA(01) DIA: :DIA(15) NMIC
- CMC WASHINGTON DC
CMC
- CSAF WASHINGTON DC
- CNO WASHINGTON DC
- CSA WASHINGTON DC
FILE(1)
(073)
TRANSIT/211650Z/212341Z/006:51TOR1722336
DE RUESONA #1319 1721725
ZNR UUUUU ZOC STATE ZZH
TESA997ONA333
RR RUEHC
DE RUESON #1319 1721725
ZNR UUUUU ZZH
R 211650Z JUN 77
FM AMEMBASSY GEORGETOWN
TO SECSTATE WASHDC 4819
BY
UNCLAS GEORGETOWN 1319
E.O. 11652: N/A
TAGS: PARM, GY
SUBJECT: TERMINATION OF AIR BASE AGREEMENT BETWEEN US AND GUYANA
1. EXCHANGE OF NOTES TO TERMINATE THE AIR BASE AGREEMENT OF MAY 26,
1966 BETWEEN THE UNITED STATES AND GUYANA TOOK PLACE TODAY, JUNE 21,
1977.
2. ANNOUNCEMENT TERMINATING AGREEMENT HAS BEEN MADE ON LOCAL RADIO.
BLACKEN
BY
#1319
ANNOTES
NM 332
PAGE 1 UNCLASSIFIED 01001001
NNNN
212342Z
CANADA 8 MAY 1975 FLITE DOCUMENT NO. 7900039
EXCHANGE OF LETTERS EXECUTED 8 MAY 1975; EFFECTIVE 12 MAY 1975.
AGREEMENT ON THE NORTH AMERICAN AIR DEFENCE COMMAND, SUPERSEDES
AGREEMENT ON THE NORTH AMERICAN AIR DEFENCE COMMAND OF 12 MAY 1958
RENEWED ON 30 MARCH 1968 AND 10 MAY 1973. AGREEMENT IN EFFECT FOR FIVE
YEARS AS OF 12 MAY 1975.
CANADIAN EMBASSY
SIR,
I HAVE THE HONOUR TO REFER TO DISCUSSIONS WHICH HAVE TAKEN PLACE
BETWEEN REPRESENTATIVES OF OUR TWO GOVERNMENTS REGARDING FUTURE
COOPERATION BETWEEN CANADA AND THE UNITED STATES OF AMERICA IN THE
DEFENCE OF NORTH AMERICA. OUR GOVERNMENTS REMAIN CONVINCED THAT SUCH
COOPERATION, CONDUCTED WITHIN THE FRAMEWORK OF THE NORTH ATLANTIC
TREATY, REMAINS VITAL TO THEIR MUTUAL SECURITY, COMPATIBLE WITH THEIR
NATIONAL INTERESTS AND AN IMPORTANT ELEMENT OF THEIR CONTRIBUTION TO THE
OVERALL SECURITY OF THE NATO AREA.
AS NEIGHBORS AND ALLIES WITHIN NORTH AMERICA, OUR TWO GOVERNMENTS
HAVE ACCEPTED SPECIAL RESPONSIBILITIES FOR THE SECURITY OF THE
CANADIAN-UNITED STATES REGION OF NATO AND, IN FULFILLING THESE
RESPONSIBILITIES, HAVE ENTERED INTO A NUMBER OF BILATERAL ARRANGEMENTS
TO FACILITATE JOINT DEFENCE ACTIVITIES. AMONG THESE, THE ARRANGEMENTS
FOR INTEGRATED AIR DEFENCE EMBODIED IN THE NORTH AMERICAN AIR DEFENCE
COMMAND (NORAD) HAVE PROVIDED, SINCE 1958, THE MEANS OF EXERCISING
EFFECTIVE OPERATIONAL CONTROL OF THE FORCES ASSIGNED BY OUR TWO
GOVERNMENTS TO THE AIR DEFENCE OF NORTH AMERICA.
IN THE YEARS SINCE THE NORAD AGREEMENT WAS FIRST CONCLUDED, THERE
HAVE BEEN SIGNIFICANT CHANGES IN THE CHARACTER OF STRATEGIC WEAPONS AND
IN THE NATURE OF THE THREAT THEY POSE TO NORTH AMERICA. THE MOST
IMPORTANT OF THESE CHANGES HAS BEEN THE MAJOR INCREASE IN THE NUMBER AND
SOPHISTICATION OF STRATEGIC MISSILES. ONE RESULT HAS BEEN THE
ENHANCEMENT OF MUTUAL DETERRENCE. ANOTHER IS THAT WHILE LONG-RANGE
BOMBERS CONTINUE TO POSE A THREAT TO NORTH AMERICA, MISSILES NOW
CONSTITUTE THE PRINCIPAL THREAT.
IN LIGHT OF THESE DEVELOPMENTS, OUR TWO GOVERNMENTS RETAIN A COMMON
INTEREST IN THE MAINTENANCE OF EFFECTIVE SURVEILLANCE AND CONTROL OF
NORTH AMERICAN AIRSPACE AND IN PREVENTING ITS USE FOR PURPOSES
DETRIMENTAL TO THE SECURITY OF NORTH AMERICA. SINCE SURVEILLANCE AND
CONTROL IN PEACETIME ARE EXPECTED TO ASSUME INCREASING IMPORTANCE, EACH
GOVERNMENT HAS DECIDED TO ESTABLISH A JOINT CIVIL-MILITARY SYSTEM TO
CARRY OUT THESE ACTIVITIES IN CONJUNCTION WITH THE AIR DEFENCE
OPERATIONS IN NORAD.
THE LARGE VOLUME OF AIR TRAFFIC FLOWING DAILY TO, FROM AND WITHIN
NORTH AMERICA, MUCH OF IT ACROSS THE BORDER BETWEEN OUR TWO COUNTRIES,
DICTATES THAT OUR NATIONAL AIRSPACE SURVEILLANCE AND CONTROL SYSTEMS BE
COMPATIBLE WITH EACH OTHER AND REQUIRES A HIGH DEGREE OF COORDINATION
BETWEEN THEIR MILITARY COMPONENTS. OUR GOVERNMENTS AGREE THAT THE
NECESSARY COMMAND AND CONTROL ARRANGEMENTS CAN MOST EFFECTIVELY AND
ECONOMICALLY BE PROVIDED BY THE . . . .
IN ADDITION TO PERFORMING THE AIRSPACE SURVEILLANCE AND CONTROL
FUNCTIONS RELATED TO AIR DEFENCE, NORAD WILL CONTINUE TO MONITOR SPACE
ACTIVITIES OF STRATEGIC AND TACTICAL INTEREST AND PROVIDE WARNING OF
AEROSPACE ACTIVITIES THAT MAY THREATEN NORTH AMERICA. CANADIAN
PARTICIPATION IN THE ACTIVITIES OF NORAD'S AEROSPACE WARNING SYSTEM DOES
NOT INVOLVE ANY COMMITMENT BY THE CANADIAN GOVERNMENT TO TAKE PART IN AN
ACTIVE BALLISTIC MISSILE DEFENCE ARRANGEMENT.
IN THESE CIRCUMSTANCES, THE PRIMARY OBJECTIVES OF NORAD WILL IN
FUTURE BE:
(A) TO ASSIST EACH COUNTRY TO SAFEGUARD THE SOVEREIGNTY OF ITS
AIRSPACE;
(B) TO CONTRIBUTE TO THE DETERRENCE OF ATTACK ON NORTH AMERICA BY
PROVIDING CAPABILITIES FOR WARNING OF ATTACK AND FOR DEFENCE AGAINST AIR
ATTACK;
(C) SHOULD DETERRENCE FAIL, TO ENSURE AN APPROPRIATE RESPONSE AGAINST
ATTACK BY PROVIDING FOR THE EFFECTIVE USE OF THE FORCES OF THE TWO
COUNTRIES AVAILABLE FOR AIR DEFENCE.
AS IN THE CASE OF ALL JOINT DEFENCE ACTIVITIES, THE FUTURE ACTIVITIES
ENVISAGED FOR NORAD WILL REQUIRE THE CLOSEST COOPERATION BETWEEN
AUTHORITIES OF OUR TWO GOVERNMENTS AND IT IS RECOGNIZED THAT THIS CAN
ONLY BE ACHIEVED IN A MUTUALLY SATISFACTORY WAY IF FULL AND MEANINGFUL
CONSULTATION IS CARRIED OUT ON A CONTINUING BASIS. OUR TWO GOVERNMENTS,
THEREFORE, UNDERTAKE TO ENSURE THAT SUCH CONSULTATION TAKES PLACE.
ON THE BASIS OF OUR COMMON APPRECIATION OF THE CIRCUMSTANCES
DESCRIBED AND OF THE EXPERIENCE GAINED SINCE THE INCEPTION OF NORAD, MY
GOVERNMENT PROPOSES THAT THE FOLLOWING PRINCIPLES SHOULD GOVERN THE
FUTURE ORGANIZATION AND OPERATIONS OF THE NORTH AMERICAN AIR DEFENCE
COMMAND:
1. THE COMMANDER-IN-CHIEF, NORAD (CINCNORAD), AND HIS DEPUTY IN
CINCNORAD'S ABSENCE, WILL BE RESPONSIBLE TO THE CHIEF OF DEFENCE STAFF
OF CANADA AND THE JOINT CHIEFS OF STAFF OF THE UNITED STATES, WHO IN
TURN, ARE RESPONSIBLE TO THEIR RESPECTIVE GOVERNMENTS. THEY WILL
OPERATE WITHIN A CONCEPT OF SURVEILLANCE, WARNING, CONTROL AND DEFENCE
APPROVED BY THE APPROPRIATE AUTHORITIES OF OUR TWO GOVERNMENTS, WHO WILL
BEAR IN MIND THEIR OBJECTIVES IN THE DEFENCE OF THE CANADA-UNITED STATES
REGION OF THE NATO AREA.
2. THE NORTH AMERICAN AIR DEFENCE COMMAND WILL INCLUDE SUCH COMBAT
UNITS AND INDIVIDUALS AS ARE SPECIFICALLY ALLOCATED TO IT BY THE TWO
GOVERNMENTS. THE JURISDICTION OF THE COMMANDER-IN-CHIEF, NORAD, OVER
THOSE UNITS AND INDIVIDUALS IS LIMITED TO OPERATIONAL CONTROL AS
HEREINAFTER DEFINED.
3. "OPERATIONAL CONTROL" IS THE POWER TO DIRECT, COORDINATE, AND
CONTROL THE OPERATIONAL ACTIVITIES OF FORCES ASSIGNED, ATTACHED, OR
OTHERWISE MADE AVAILABLE. NO PERMANENT CHANGES OF STATION WOULD BE MADE
WITHOUT APPROVAL OF THE HIGHER NATIONAL AUTHORITY CONCERNED. TEMPORARY
REINFORCEMENT FROM ONE AREA TO ANOTHER, INCLUDING THE CROSSING OF THE
INTERNATIONAL BOUNDARY, TO MEET OPERATIONAL REQUIREMENTS WILL BE WITHIN
THE AUTHORITY OF COMMANDERS HAVING OPERATIONAL CONTROL. THE BASIC
COMMAND ORGANIZATION FOR THE DEFENCE FORCES OF THE TWO COUNTRIES,
INCLUDING ADMINISTRATION, DISCIPLINE, INTERNAL ORGANIZATION AND UNIT
TRAINING, SHALL BE EXERCISED BY NATIONAL COMMANDERS RESPONSIBLE TO THEIR
NATIONAL AUTHORITIES.
4. THE APPOINTMENT OF CINCNORAD AND HIS DEPUTY MUST BE APPROVED BY
THE CANADIAN AND UNITED STATES GOVERNMENTS. THEY WILL NOT BE FROM THE
SAME COUNTRY, AND THE CINCNORAD STAFF SHALL BE AN INTEGRATED JOINT STAFF
COMPOSED OF OFFICERS OF BOTH COUNTRIES. DURING THE ABSENCE OF
CINCNORAD, COMMAND WILL PASS TO THE DEPUTY COMMANDER.
5. THE NORTH ATLANTIC TREATY ORGANIZATION WILL CONTINUE TO BE KEPT
INFORMED THROUGH THE CANADA-UNITED STATES REGIONAL PLANNING GROUP OF
ARRANGEMENTS FOR THE AIR DEFENCE OF NORTH AMERICA.
6. THE PLANS AND PROCEDURES TO BE FOLLOWED BY NORAD IN WARTIME SHALL
BE FORMULATED AND APPROVED BY APPROPRIATE NATIONAL AUTHORITIES AND SHALL
BE CAPABLE OF RAPID IMPLEMENTATION IN AN EMERGENCY. ANY PLANS OR
PROCEDURES RECOMMENDED BY NORAD WHICH BEAR ON THE RESPONSIBILITIES OF
CIVILIAN DEPARTMENTS OR AGENCIES OF THE TWO GOVERNMENTS SHALL BE
REFERRED FOR DECISION BY THE APPROPRIATE MILITARY AUTHORITIES TO THOSE
AGENCIES AND DEPARTMENTS AND MAY BE THE SUBJECT OF INTER-GOVERNMENTAL
COORDINATION THROUGH AN APPROPRIATE MEDIUM SUCH AS THE PERMANENT JOINT
BOARD ON DEFENCE, CANADA-UNITED STATES.
7. TERMS OF REFERENCE FOR CINCNORAD AND HIS DEPUTY WILL BE
CONSISTENT WITH THE FOREGOING PRINCIPLES. CHANGES IN THESE TERMS OF
REFERENCE MAY BE MADE BY AGREEMENT BETWEEN THE CANADIAN CHIEF OF DEFENCE
STAFF AND THE UNITED STATES JOINT CHIEFS OF STAFF, WITH APPROVAL OF
HIGHER AUTHORITY, AS APPROPRIATE, PROVIDED THAT THESE CHANGES ARE IN
CONSONANCE WITH THE PRINCIPLES SET OUT IN THIS NOTE.
8. THE FINANCING OF EXPENDITURES CONNECTED WITH THE OPERATION OF THE
INTEGRATED HEADQUARTERS OF THE NORTH AMERICAN AIR DEFENCE COMMAND WILL
BE ARRANGED BY MUTUAL AGREEMENT BETWEEN APPROPRIATE AGENCIES OF THE TWO
GOVERNMENTS.
9. THE AGREEMENT BETWEEN PARTIES TO THE NORTH ATLANTIC TREATY
REGARDING THE STATUS OF THEIR FORCES SIGNED IN LONDON ON JUNE 19, 1951,
SHALL APPLY.
10. PUBLIC STATEMENTS BY CINCNORAD ON MATTERS OF INTEREST TO CANADA
AND THE UNITED STATES OF AMERICA WILL IN ALL CASES BE THE SUBJECT OF
PRIOR CONSULTATION AND AGREEMENT BETWEEN APPROPRIATE AGENCIES OF THE TWO
GOVERNMENTS.
IF THE GOVERNMENT OF THE UNITED STATES OF AMERICA CONCURS IN THE
CONSIDERATIONS AND PROVISIONS SET OUT HEREIN, I HAVE THE HONOUR TO
PROPOSE THAT THIS NOTE, WHICH IS EQUALLY AUTHENTIC IN ENGLISH AND
FRENCH, AND YOUR REPLY TO THAT EFFECT SHALL CONSTITUTE AN AGREEMENT
BETWEEN OUR TWO GOVERNMENTS, WHICH WILL ENTER INTO FORCE ON THE DATE OF
YOUR REPLY, WITH EFFECT FROM MAY 12, 1975. THIS AGREEMENT WILL
SUPERSEDE THE AGREEMENT ON THE NORTH AMERICAN AIR DEFENCE COMMAND
CONCLUDED IN WASHINGTON, D.C. ON MAY 12, 1958 AND SUBSEQUENTLY RENEWED
ON MARCH 30, 1968 AND MAY 10, 1973.
THE PRESENT AGREEMENT WILL REMAIN IN EFFECT FOR A PERIOD OF FIVE
YEARS FROM MAY 12, 1975, DURING WHICH ITS TERMS MAY BE REVIEWED AT ANY
TIME UPON THE REQUEST OF EITHER PARTY. IT MAY BE TERMINATED BY EITHER
GOVERNMENT, FOLLOWING TWELVE MONTHS' WRITTEN NOTICE TO THE OTHER.
ACCEPT, SIR, THE RENEWED ASSURANCES OF MY HIGHEST CONSIDERATION.
EXCELLENCY:
I HAVE THE HONOR TO REFER TO YOUR NOTE OF MAY 8, 1975 SETTING FORTH
CERTAIN CONSIDERATIONS AND PROVISIONS CONCERNING THE CONTINUED
COOPERATION OF OUR TWO GOVERNMENTS IN THE NORTH AMERICAN AIR DEFENCE
COMMAND, WHICH HAS BEEN GOVERNED BY THE AGREEMENT CONCLUDED ON MAY 12,
1958 AND SUBSEQUENTLY RENEWED ON MARCH 30, 1968 AND MAY 10, 1973.
I AM PLEASED TO INFORM YOU THAT MY GOVERNMENT CONCURS IN THE
CONSIDERATIONS AND PROVISIONS SET OUT IN YOUR NOTE, AND FURTHER AGREES
WITH YOUR PROPOSAL THAT YOUR NOTE AND THIS REPLY SHALL CONSTITUTE AN
AGREEMENT BETWEEN OUR TWO GOVERNMENTS EFFECTIVE AS OF MAY 12, 1975.
ACCEPT, EXCELLENCY, THE RENEWED ASSURANCES OF MY HIGHEST
CONSIDERATION.
HIS EXCELLENCY
MARCEL CADIEUX,
AMBASSADOR OF CANADA.
BELGIUM 17 MAR 1976 FLITE DOCUMENT NO. 7900038
AGREEMENT EXECUTED 17 MARCH 1976.
AGREEMENT TO PROVIDE MEDICAL SUPPORT TO MEMBERS OF THE BELGIAN AIR
FORCE AND THEIR DEPENDENTS STATIONED AT RAMSTEIN AIR FORCE BASE.
1. PURPOSE OF THE AGREEMENT:
USAREUR RENDERS MEDICAL SUPPORT TO MEMBERS OF THE BELGIAN AIR FORCE
PARTICIPATION (THE TENANT) STATIONED WITH HQ ALLIED AIR FORCES CENTRAL
EUROPE AT RAMSTEIN AIR FORCE BASE. THIS MEDICAL SUPPORT CONSISTS OF
INPATIENT CARE TO BE OBTAINED FROM THE US ARMY HOSPITAL LANDSTUHL.
2. CONDITIONS:
A. THE NUMBER OF BELGIAN AIR FORCE PERSONNEL TO BE SUPPORTED WILL BE
APPROXIMATELY 30 BELGIAN MILITARY PERSONNEL, AND 16 DEPENDENTS.
B. THE SUPPORT TO BE PROVIDED UNDER THIS AGREEMENT WILL BE FOR
BELGIAN MILITARY AND THEIR DEPENDENTS ONLY, AND WILL NOT COVER CIVILIAN
EMPLOYEES.
C. MEDICAL SUPPORT FROM THE US ARMY HOSPITAL LANDSTUHL WILL CONSIST
OF INPATIENT CARE AND WILL BE EFFECTED IN ACCORDANCE WITH THE PROVISIONS
OF PARAGRAPH 4-26D, AR 40-3. REIMBURSEMENT FOR INPATIENT CARE AT THE US
ARMY HOSPITAL LANDSTUHL IS LIMITED TO A CHARGE FOR SUBSISTENCE AT RATES
DESCRIBED IN PARAGRAPH 4-27D, AR 40-3, COMPARABLE TO THOSE CHARGED US
ARMY PERSONNEL. THESE RATES, WHICH ARE CURRENTLY $2.40 FOR ACTIVE DUTY
PERSONNEL AND $3.70 FOR DEPENDENTS, ARE SUBJECT TO CHANGE.
D. EXTENT OF CARE PROVIDED WILL BE IN ACCORDANCE WITH PARAGRAPH
4-27B, AR 40-3.
3. BILLING AND REIMBURSEMENT PROCEDURE:
A. COLLECTION OF SUBSISTENCE FOR OFFICERS AND DEPENDENTS WILL BE
EFFECTED LOCALLY. ENLISTED PERSONNEL WILL BE FURNISHED SUBSISTENCE ON
THE SAME BASIS AS US PERSONNEL.
B. BILLS FOR MEDICAL SUPPORT WILL BE PREPARED BY THE REGISTRAR, 2ND
GENERAL HOSPITAL ON A QUARTERLY BASIS AND PRESENTED TO THE CIC OF THE
BELGIAN AIR FORCE NATIONAL SUPPORT ELEMENT STATIONED WITH AAFCE.
AMOUNTS DUE WILL BE REMITTED WITHIN 30 DAYS UPON RECEIPT OF BILLS TO THE
REGISTRAR, 2ND GENERAL HOSPITAL.
4. EFFECTIVE DATE AND DURATION:
THIS AGREEMENT BECOMES EFFECTIVE UPON SIGNATURE BY BOTH PARTIES
THERETO. IT REMAINS VALID FOR AN INDEFINITE PERIOD OF TIME.
5. TERMINATION:
IF ONE OF THE AGREEMENT PARTIES WISHES TO WITHDRAW FROM THE
AGREEMENT, NOTICE OF TERMINATION MUST BE SUBMITTED IN WRITING TO THE
OTHER AGREEMENT PARTY AT LEAST 90 DAYS AHEAD OF THE INTENDED TERMINATION
DATE.
6. AMENDMENTS/SUPPLEMENTS:
THIS AGREEMENT CAN BE AMENDED AND/OR SUPPLEMENTED BY MUTUAL CONSENT
OF THE PARTIES THERETO. IN ORDER TO BECOME EFFECTIVE, AMENDMENTS AND/OR
SUPPLEMENTS HAVE TO BE MADE IN WRITING AND MUST BE SIGNED BY BOTH
PARTIES TO THIS AGREEMENT.
FOR THE COMMANDER IN CHIEF,
UNITED STATES ARMY, EUROPE
AND SEVENTH ARMY:
FOR THE BELGIUM MINISTER OF NATIONAL DEFENSE
THE CHIEF OF GENERAL STAFF OF THE BELGIAN ARMED FORCES:
ARGENTINA, REPUBLIC OF 7 JAN 1976 FLITE DOCUMENT NO. 7900037
EXCHANGE OF LETTERS EXECUTED 8 DECEMBER 1975 AND 7 JANUARY 1976.
EXCHANGE OF LETTERS EXTENDING CREDIT AGREEMENTS OF 10 JUNE 1969 (LOAN
NUMBERS 691 AND 692), 28 MAY 1971 (LOAN NUMBER 711), AND 28 JUNE 1971
(LOAN NUMBER 712) UNTIL 30 DECEMBER 1976.
LIEUTENANT GENERAL H. M. FISH
U.S. AIR FORCE
DIRECTOR, DEFENSE SECURITY ASSISTANCE AGENCY
ROOM 4E-837, PENTAGON
WASHINGTON, D.C., 20301
DEAR GENERAL FISH:
THE TIME FRAME DURING WHICH PURCHASE ORDERS MAY BE FINANCED UNDER
SEVERAL LOAN AGREEMENTS BETWEEN THE GOVERNMENT OF THE UNITED STATES AND
THE GOVERNMENT OF ARGENTINA EITHER HAS EXPIRED OR WILL EXPIRE IN THE
NEAR FUTURE. WE WERE UNABLE TO FULLY UTILIZE AVAILABLE FINANCING UNDER
THIS LOAN AGREEMENTS BECAUSE PURCHASE ORDERS WERE NOT EXECUTED PRIOR TO
THESE EXPIRATION DATES. IT IS THEREFORE REQUESTED THAT THE TERMS OF THE
LOAN AGREEMENTS BE AMENDED TO EXTEND THE TIME FRAMES FOR FINANCING
PURCHASE ORDERS AS FOLLOWS:
LOAN AGREEMENT DATE OF LOAN CURRENT EXPIRATION REQUESTED EXPIRATION
NUMBERS AGREEMENT DATE FOR EXECUTION DATE FOR EXECUTION
691 JUNE 10,1969 DECEMBER 30,1975 DECEMBER 30,1976
692 JUNE 10,1969 DECEMBER 30,1975 DECEMBER 30,1976
711 MAY 28,1971 DECEMBER 30,1975 DECEMBER 30,1976
712 JUNE 28,1971 DECEMBER 30,1975 DECEMBER 30,1976
THE GOVERNMENT OF ARGENTINA APPRECIATES YOUR ASSISTANCE IN THIS
MATTER AND RECOGNIZES THE CONSEQUENCES OF THE CHANGES UPON ITS
OBLIGATION TO REPAY MONIES ADVANCES AS A RESULT OF THE CHANGES.
HIS EXCELLENCY
RAFAEL M. VAZQUEZ
AMBASSADOR OF ARGENTINA
1600 NEW HAMPSHIRE AVENUE, N.W.
WASHINGTON, D.C. 20009
DEAR MR. AMBASSADOR:
WE ARE PLEASED TO RESPOND TO YOUR LETTER OF DECEMBER 8, 1975
REQUESTING AN EXTENSION OF CERTAIN CREDIT AGREEMENTS BETWEEN THE
GOVERNMENT OF THE UNITED STATES AND THE GOVERNMENT OF ARGENTINA.
THE PROVISIONS OF THE RESPECTIVE CREDIT AGREEMENTS SPECIFYING THE
DATE BY WHICH PURCHASES OR DISBURSEMENTS SHALL BE MADE WILL BE AMENDED
TO REFLECT NEW DATES AS FOLLOWS:
LOAN AGREEMENT DATE OF LOAN NEW CLOSING
NUMBER AGREEMENT DATES 691 (INCLUDES
711 28 MAY 1971 30 DECEMBER 1976 712 28 JUNE 1971 30 DECEMBER 1976
IT IS REQUESTED THAT ORDERS BE PLACED AGAINST THESE CREDITS AT THE
EARLIEST POSSIBLE DATE. NO FURTHER EXTENSIONS OF EXPIRATION DATES CAN
BE GRANTED.
KUWAIT 18 JAN 1976 FLITE DOCUMENT NO. 7900036
TECHNICAL SECURITY AGREEMENT EXECUTED 18 JANUARY 1976.
AGREEMENT CONCERNING SPECIAL SECURITY MEASURES FOR SAFEGUARDING OF
CERTAIN UNITED STATES CLASSIFIED MILITARY ARTICLES, SERVICES AND
INFORMATION.
TECHNICAL SECURITY ARRANGEMENT BETWEEN THE MINISTRY OF DEFENCE OF
KUWAIT AND THE DEPARTMENT OF DEFENCE (DOD) OF THE UNITED STATES
CONCERNING SPECIAL SECURITY MEASURES FOR SAFEGUARDING OF CERTAIN UNITED
STATES CLASSIFIED MILITARY ARTICLES, SERVICES AND INFORMATION.
IN FURTHERANCE OF MUTUAL COOPERATION OF KUWAIT AND THE UNITED STATES,
THE MINISTER OF DEFENCE OF KUWAIT AND THE SECRETARY OF DEFENCE OF THE
UNITED STATES AGREE TO CARRY OUT SPECIAL SECURITY MEASURES TO PROTECT
UNITED STATES MILITARY INFORMATION CLASSIFIED THROUGH SECRET AGAINST
SABOTAGE, ESPIONAGE, UNAUTHORIZED ACCESS OR ANY OTHER HOSTILE ACTIVITY
AS FOLLOWS:
I. PERSONNEL SECURITY
A. NO PERSON SHALL BE ENTITLED TO ACCESS TO UNITED STATES CLASSIFIED
MILITARY INFORMATION SOLELY BY VIRTUE OF RANK, APPOINTMENT OR SECURITY
CLEARANCE. ACCESS TO CLASSIFIED INFORMATION SHALL BE GRANTED ONLY TO
THOSE INDIVIDUALS WHOSE OFFICIAL DUTIES REQUIRE SUCH ACCESS IN
ACCORDANCE WITH PRESCRIBED STANDARDS. CLASSIFIED MILITARY INFORMATION
OR MATERIAL SHALL NOT BE DISSEMINATED OR RELEASED TO ANY PERSON WHO IS
NOT (1) A NATIONAL OF KUWAIT, (2) A MEMBER OF THE ARMED FORCES OF THE
UNITED STATES OR UNITED STATES . . . A DEPARTMENT OF DEFENCE CLEARANCE
AT THE PROPER LEVEL. OTHER INDIVIDUALS AS MAY BE MUTUALLY AGREED UPON,
MAY BE GRANTED ACCESS.
BEFORE GRANTING AN INDIVIDUAL ACCESS TO CLASSIFIED MILITARY
INFORMATION, THE MINISTRY OF DEFENCE SHALL MAKE A SECURITY DETERMINATION
AS TO SUCH PERSON'S ELIGIBILITY.
B. THE DETERMINATION AS TO WHETHER THE GRANTING OF A CLEARANCE IS
CONSISTENT WITH THE INTEREST OF SECURITY SHALL BE BASED UPON ALL
AVAILABLE INFORMATION INDICATING WHETHER SUCH INDIVIDUAL IS OF (1)
UNQUESTIONED LOYALTY, INTEGRITY AND TRUSTWORTHINESS, AND (2) EXCELLENT
CHARACTER, AND OF SUCH HABITS AND ASSOCIATES AS TO CAST NO DOUBT UPON
HIS DISCRETION AND OR GOOD JUDGMENT IN THE HANDLING OF CLASSIFIED
INFORMATION.
C. AN APPROPRIATE INVESTIGATION, IN SUFFICIENT DETAIL TO PROVIDE
ASSURANCE THAT THE CRITERIA IN SUBPARAGRAPH 1.B.(1) AND (2) ABOVE HAVE
BEEN MET, SHALL BE CONDUCTED BY THE MINISTRY OF DEFENCE WITH RESPECT TO
ANY PERSON TO BE GRANTED ACCESS TO U.S. CLASSIFIED INFORMATION OR
MATERIAL.
D. SUCH INVESTIGATION SHALL INCLUDE THE FOLLOWING:
1. CITIZENSHIP. THE INDIVIDUAL'S CITIZENSHIP IS ESTABLISHED OR
CERTIFIED BY THE GOVERNMENT OF KUWAIT.
2. A REVIEW OF THE SECURITY AND INTELLIGENCE RECORDS AND FILES OF
THE SPECIAL OFFICE OF THE KUWAIT ARMY SHALL BE MADE FOR PERTINENT FACTS
HAVING A BEARING ON THE LOYALTY AND TRUSTWORTHINESS OF THE INDIVIDUAL.
E. EACH ESTABLISHMENT HANDLING UNITED STATES CLASSIFIED MILITARY
INFORMATION SHALL MAINTAIN A REGISTRY OF THE CLEARANCES OF PERSONNEL
AUTHORIZED TO HAVE ACCESS TO SUCH INFORMATION AT THAT ESTABLISHMENT.
SECURITY CLEARANCES GRANTED AND THE INVESTIGATIVE FILES UPON WHICH SUCH
CLEARANCES WERE GRANTED SHALL BE MAINTAINED IN A CENTRAL REPOSITORY OF
THE MINISTRY OF DEFENSE. RECORDS SHALL REFLECT THE DATES OF
INVESTIGATION, THE LOCATIONS OF THE INVESTIGATIVE FILES, THE DATES
CLEARANCES WERE GRANTED, THE NAME OF THE AUTHORIZED PERSON GRANTING
CLEARANCES AND THE DEGREE OF ACCESS TO WHICH THE INDIVIDUALS ARE
AUTHORIZED. SUCH CLEARANCES SHALL BE REEXAMINED AS A MATTER OF PRIORITY
WHEN NEW INFORMATION IS RECEIVED WHICH INDICATES THAT CONTINUED ACCESS
TO SUCH CLASSIFIED INFORMATION MAY NO LONGER BE CONSISTENT WITH THE
INTERESTS OF SECURITY.
II. SUPPLEMENTAL SECURITY PRINCIPLES AND PRACTICES.
A. THE MINISTRY OF DEFENCE SHALL BE RESPONSIBLE FOR ADMINISTERING THE
SECURITY MEASURES CONTAINED HEREIN UNDER THE STANDARDS SET FORTH.
B. THE MINISTRY OF DEFENCE SHALL BE RESPONSIBLE FOR THE SECURITY OF
THE FACILITIES AND ESTABLISHMENTS WHERE UNITED STATES CLASSIFIED
MILITARY INFORMATION AND MATERIAL ARE AVAILABLE, INCLUDING TRAINING AND
MAINTENANCE INSTALLATION, AND SHALL APPOINT QUALIFIED OFFICERS OF THE
MINISTRY OF DEFENCE FOR EACH SUCH FACILITY OR ESTABLISHMENT WHO SHALL
HAVE AUTHORITY AND RESPONSIBILITY FOR THE CONTROL AND PROTECTION OF
CLASSIFIED MILITARY INFORMATION IN THE FACILITY OR ESTABLISHMENT.
C. AUTHORIZATION FOR VISITS TO AREAS WHERE ACCESS TO CLASSIFIED
UNITED STATES MILITARY INFORMATION IS AVAILABLE SHALL BE LIMITED TO
THOSE NECESSARY FOR OFFICIAL PURPOSES. AUTHORIZATION TO VISIT SUCH AN
AREA SHALL BE GRANTED ONLY BY THE MINISTRY OF DEFENCE OF KUWAIT. THE
MINISTRY OF DEFENCE SHALL BE RESPONSIBLE FOR ADVISING THE APPROPRIATE
PERSONNEL AT THE PARTICULAR FACILITY OR ESTABLISHMENT OF THE PROPOSED
VISIT, AND HIGHEST CLASSIFICATION OF INFORMATION THAT MAY BE FURNISHED
TO THE VISITOR.
D. THE MINISTRY OF DEFENCE SHALL SUBMIT REQUESTS FOR VISITS TO
INDUSTRIAL INSTALLATIONS WITHIN THE UNITED STATES TO THE EMBASSY OF
KUWAIT, WASHINGTON DC FOR TRANSMITTAL TO THE FOREIGN LIAISON OFFICE OF
THE APPROPRIATE MILITARY DEPARTMENT, THE PENTAGON WASHINGTON DC. SUCH
REQUESTS SHALL INCLUDE A STATEMENT OF THE SECURITY CLEARANCE AND
OFFICIAL STATION OF THE VISITOR AND THE NECESSITY FOR THE VISIT.
III. PHYSICAL SECURITY
A. SECURITY RESPONSIBILITY COMMENCES UPON RECEIPT OF THE CLASSIFIED
DOCUMENTS BY, OR UPON THE PASSING OF TITLE OF THE CLASSIFIED EQUIPMENT
TO AN AUTHORIZED REPRESENTATIVE OF THE GOVERNMENT OF KUWAIT IN THE
UNITED STATES OR UPON ARRIVAL OF A SHIP IN PORT IN KUWAIT, OR THE
LANDING OF AN AIRPLANE AT AN AIRPORT IN KUWAIT. ONCE RECEIVED, THE
MINISTRY OF DEFENCE SHALL RETAIN CUSTODY OF ALL SUCH UNITED STATES
CLASSIFIED MILITARY EQUIPMENT, COMPONENT, AND ASSOCIATED DRAWINGS AND
INSTRUCTION WHILE IN TRANSIT WITHIN KUWAIT OR STORAGE WITHIN KUWAIT.
B. UNITED STATES INFORMATION CLASSIFIED CONFIDENTIAL SHALL BE STORED
IN SAFES OR STEEL CABINETS WITH BUILT-IN COMBINATION LOCKS WHICH ARE
REGULARLY INSPECTED AND PROVEN TO BE SECURE. UNITED STATES INFORMATION
CLASSIFIED SECRET SHALL BE STORED IN SAFES WITH BUILT-IN COMBINATION
LOCKS WHICH ARE CONSIDERED ADEQUATE BY THE MINISTRY OF DEFENCE FOR
STORAGE OF KUWAITI INFORMATION CLASSIFIED SECRET. ENTRANCES TO ROOMS
AND AREAS WHERE CLASSIFIED MATERIAL IS STORED SHALL BE UNDER THE
SURVEILLANCE OF ARMED GUARDS ON 24-HOUR BASIS.
IV. TRANSMISSION
THE MINIMUM REQUIREMENT FOR THE SECURITY OF UNITED STATES CLASSIFIED
INFORMATION DURING TRANSMISSION SHALL BE AS FOLLOWS:
A. DOCUMENTS. UNITED STATES DOCUMENTS CLASSIFIED SECRET AND
CONFIDENTIAL SHALL BE TRANSMITTED IN THE SAME MANNER AS KUWAITI
DOCUMENTS OF EQUIVALENT SECURITY CLASSIFICATION. DOCUMENTS SHALL BE IN
DOUBLE SEALED ENVELOPES, THE INNERMOST BEARING ONLY THE CLASSIFICATION
OF THE MATERIAL ENCLOSED AND THE OUTER ENVELOPE BEARING ONLY THE ADDRESS
OF THE RECIPIENT THE ADDRESS OF THE SENDER, AND THE REGISTRY NUMBER OF
THE SHIPMENT. NO INDICATION OF THE CLASSIFICATION OF THE ENCLOSED
DOCUMENTS SHALL BE MADE ON THE OUTER ENVELOPE. THE SEALED ENVELOPE
SHALL THEN BE HANDCARRIED BY AN ARMED COURIER. RECEIPTS ARE TO BE
OBTAINED ON EVERY OCCASION WHEN DOCUMENTS CHANGE HANDS ENROUTE, AND, A
RECEIPT IS TO BE ISSUED BY THE FINAL RECIPIENT TO THE ORIGINAL
CONSIGNOR.
B. MATERIAL AND EQUIPMENT.
1. BY RAIL OR ROAD. CLASSIFIED MATERIAL AND EQUIPMENT SHALL BE
TRANSPORTED IN SEALED COVERED VANS OR CARS, OR SECURELY SHIELDED AND
KEPT UNDER CONTINUOUS GUARD TO PREVENT ACCESS BY UNAUTHORIZED PERSONS.
2. STORAGE SHORE IN TRANSIT.
CLASSIFIED MATERIAL AND EQUIPMENT WHICH MUST BE STORED ASHORE
TEMPORARILY AWAITING TRANSSHIPMENT SHALL BE IN SECURE LOCKED STORAGE OR
SEGREGATED AREAS. GUARDS SHALL MAINTAIN CONTINUOUS SURVEILLANCE OF THE
STORAGE AND ONLY APPROPRIATE SECURITY PERSONNEL SHALL HAVE CUSTODY OF
THE KEY TO THE STORAGE.
3. RECEIPTS. RECEIPTS ARE TO BE OBTAINED ON EVERY OCCASION WHEN
CLASSIFIED MATERIAL AND EQUIPMENT CHANGES HANDS ENROUTE, AND A RECEIPT
IS TO BE ISSUED BY THE FINAL RECIPIENT TO THE ORIGINAL CONSIGNOR.
C. ELECTRIC MEANS. ALL UNITED STATES CLASSIFIED INFORMATION
TRANSMITTED BY ELECTRIC MEANS SHALL BE ENCRYPTED IN A SYSTEM OF THE SAME
CLASSIFICATION AS THAT OF KUWAITI INFORMATION CLASSIFIED SECRET AND MADE
AVAILABLE TO THE LEAST NUMBER OF COMMANDS, AGENCIES AND PERSONS TO
ASSURE DELIVERY TO THOSE WHO HAVE A REAL "NEED-TO-KNOW".
V. ACCOUNTABILITY. ACCOUNTABILITY PROCEDURE SHALL BE ESTABLISHED TO
CONTROL THE DISSEMINATION AND PHYSICAL INVENTORY OF CLASSIFIED MILITARY
INFORMATION AND MATERIAL. CONTROL OFFICERS SHALL BE DESIGNATED TO
MAINTAIN ACCOUNTABILITY REGISTERS FOR THE RECEIPT AND DISPATCH OF
CLASSIFIED DOCUMENTS.
VI. MARKING OF DOCUMENTS
THE MINISTRY OF DEFENCE SHALL STAMP THE NAME OF THE UNITED STATES
GOVERNMENT ON ALL CLASSIFIED DOCUMENTS AND MATERIAL RECEIVED IN ADDITION
TO THE APPROPRIATE KUWAITI SECURITY CLASSIFICATION MARKING, TO PREVENT
LOSS OF IDENTITY.
VIII. DESTRUCTION
A. CLASSIFIED DOCUMENTS, WHEN NO LONGER REQUIRED, SHALL BE DESTROYED
BY BURNING BY AUTHORIZED PERSONNEL SO EFFECTIVELY AS TO PREVENT
COMPROMISE OF THE CLASSIFIED INFORMATION CONTAINED THEREIN.
ACCOUNTABILITY RECORDS SHALL BE MAINTAINED TO REFLECT THE DESTRUCTION OF
CLASSIFIED DOCUMENTS.
B. CLASSIFIED MATERIAL SHALL BE DESTROYED BEYOND RECOGNITION SO AS TO
PRECLUDE RECONSTRUCTION OF THE CLASSIFIED INFORMATION IN WHOLE OR IN
PART.
VII. REPRODUCTION
WHEN A CLASSIFIED DOCUMENT IS REPRODUCED, ALL ORIGINAL SECURITY
MARKING THEREON ALSO SHALL BE REPRODUCED OR PLACED ON EACH REPRODUCTION.
SUCH REPRODUCED DOCUMENTS SHALL BE PLACED UNDER THE SAME ACCOUNTABILITY
CONTROLS AS ARE REQUIRED FOR THE ORIGINAL DOCUMENTS.
IX. TRANSLATION
ALL TRANSLATIONS OF DOCUMENTS CONTAINING UNITED STATES CLASSIFIED
MILITARY INFORMATION SHALL BE MADE BY CLEARED PERSONNEL BY OR UPON
APPROVAL OF THE MINISTRY OF DEFENCE. THE NUMBER OF COPIES AND THE
DISTRIBUTION HEREOF SHALL BE STRICTLY CONTROLLED. SUCH TRANSLATIONS
SHALL BEAR APPROPRIATE SECURITY MARKINGS AND SUITABLE NOTATION IN THE
LANGUAGE OF TRANSLATION INDICATING THAT THE DOCUMENTS CONTAINS
CLASSIFIED INFORMATION REQUIRING SPECIAL HANDLING UNDER THESE
ARRANGEMENTS.
X. TEST AND MAINTENANCE
ALL TESTS AND MAINTENANCE OF UNITED STATES CLASSIFIED MATERIAL AND
EQUIPMENT SHALL BE CONDUCTED BY (1) MILITARY PERSONNEL OF THE MINISTRY
OF DEFENCE, (2) SUCH UNITED STATES MILITARY AND CIVILIAN TECHNICIANS AS
HAVE BEEN CLEARED FOR SUCH WORK BY THE UNITED STATES DEPARTMENT OF
DEFENCE. SUCH TESTS AND MAINTENANCE WORK SHALL BE CONDUCTED ONLY AT
FACILITIES, INSTALLATIONS, OR ESTABLISHMENTS OF THE MINISTRY OF DEFENSE
OR UNITED STATES CONTROLLED FACILITIES OR MUTUALLY AGREED.
XI. ACTION IN THE EVENT OF POSSIBLE COMPROMISE.
WHEN A POSSIBILITY OF COMPROMISE EXISTS DUE TO APPARENT LOSS OR
MISROUTING OF CLASSIFIED DOCUMENTS MESSAGES, MATERIAL OR EQUIPMENT, THE
UNITED STATES LIAISON OFFICE KUWAIT (USLOK) SHALL BE INFORMED
IMMEDIATELY AND INVESTIGATION SHALL BE INITIATED BY THE MINISTRY OF
DEFENCE TO DETERMINE THE FULL FACTS IN THE MATTER. RESULTS OF THE
INVESTIGATION AND INFORMATION REGARDING MEASURES TAKEN TO PREVENT
RECURRENCE SHALL BE FORWARDED BY THE MINISTRY TO THE USLOK.
XII. REVIEW OF SECURITY SYSTEMS
IT IS RECOGNIZED THAT EFFECTIVE AND PROMPT IMPLEMENTATION OF THE
FOREGOING SECURITY POLICIES AND PRACTICES CAN BE MATERIALLY ADVANCED
THROUGH VISITS OF SECURITY PERSONNEL. ACCORDINGLY, IT IS AGREED TO
CONTINUE A THOROUGH EXCHANGE OF VIEWS RELATIVE TO SECURITY POLICY,
STANDARDS, AND PROCEDURES. FURTHER, SECURITY WORKING GROUPS OF THE
UNITED STATES DEPARTMENT OF DEFENCE, AFTER PRIOR CONSULTATION AND WITH
THE CONSENT OF THE MINISTRY OF DEFENCE OF KUWAIT, AND AT A TIME MUTUALLY
AGREEABLE BETWEEN THE PARTIES SHALL BE PERMITTED TO VISIT AND REVIEW
FIRST HAND, THE IMPLEMENTING PROCEDURES OF THE MINISTRY OF DEFENCE.
SUCH ACTION TO BE UNDERTAKEN WITH A VIEW TO ACHIEVING REASONABLE
COMPARABILITY OF THE SECURITY SYSTEMS OF THE MINISTRY OF DEFENCE AND THE
DEPARTMENT OF DEFENCE.
SIGNED AT KUWAIT
JANUARY 18, 1976
STANLEY D. COX
COLONEL, U.S. MARINE CORPS
CHIEF, U.S. LIAISON OFFICE, KUWAIT
GERMANY, FEDERAL REPUBLIC OF 1 DEC 1971 FLITE DOCUMENT NO. 7900035
NOTE VERBALE EXECUTED 1 DECEMBER 1971; EFFECTIVE 7 DECEMBER 1971.
ADMINISTRATIVE AGREEMENT CONCERNING THE LEGAL STATUS OF THE
UNIVERSITY OF ARKANSAS, THE BALL STATE UNIVERSITY, THE WAYNE STATE
UNIVERSITY AND THE CHICAGO CITY COLLEGE. NOTE VERBALE OF 8 MARCH 1972
INDICATES THE EFFECTIVE DATE OF THE ADMINISTRATIVE AGREEMENT. AGREEMENT
IS PURSUANT TO ARTICLE #71 OF THE SUPPLEMENTARY AGREEMENT TO THE NATO
STATUS OF FORCES AGREEMENT.
THE AUSWAERTIGES AMT HAS THE HONOR TO ACKNOWLEDGE RECEIPT OF NOTE
VERBALE NO. 107 FROM THE EMBASSY OF THE UNITED STATES OF AMERICA, DATED
JUNE 4, 1971, STATING THAT THE GOVERNMENT OF THE UNITED STATES OF
AMERICA PROPOSES TO CONCLUDE AN ADMINISTRATIVE AGREEMENT PURSUANT TO
PARAGRAPH 4 OF ARTICLE 71 OF THE SUPPLEMENTARY AGREEMENT TO THE NATO
STATUS OF FORCES AGREEMENT AS FOLLOWS:
1. THE UNIVERSITY OF ARKANSAS, HALL STATE UNIVERSITY, THE WAYNE
STATE UNIVERSITY AND THE CHICAGO CITY COLLEGE, WHICH PROVIDE EDUCATIONAL
OPPORTUNITIES FOR THE MEMBERS OF THE UNITED STATES FORCES AND THE
CIVILIAN COMPONENTS AND DEPENDENTS STATIONED IN THE FEDERAL REPUBLIC OF
GERMANY, WILL BE ACCORDED THE SAME TREATMENT AS THE ORGANIZATION LISTED
IN PARAGRAPH 3 OF THE SECTION IN THE PROTOCOL OF SIGNATURE REFERRING TO
ARTICLE 71 OF THE SUPPLEMENTARY AGREEMENT TO THE NATO STATUS OF FORCES
AGREEMENT.
2. THE ORGANIZATION SPECIFIED IN THIS NOTE ARE NECESSARY TO MEET THE
MILITARY REQUIREMENTS OF THE UNITED STATES FORCES STATIONED IN THE
FEDERAL REPUBLIC OF GERMANY. THEY OPERATE UNDER THE GENERAL DIRECTION
AND SUPERVISION OF THIS FORCE.
3. SUBJECT TO PARAGRAPH 6 OF ARTICLE 71 OF THE SUPPLEMENTARY
AGREEMENT, EMPLOYEES EXCLUSIVELY IN THE SERVICE OF THE UNIVERSITY OF
ARKANSAS, BALL STATE UNIVERSITY, WAYNE STATE UNIVERSITY AND CHICAGO CITY
COLLEGE SHALL BE DEEMED TO BE, AND TREATED AS, MEMBERS OF THE CIVILIAN
COMPONENT, AND THE DEPENDENTS OF SUCH EMPLOYEES SHALL BE DEEMED TO BE
AND TREATED AS DEPENDENTS OF SUCH MEMBERS.
4. THE UNIVERSITY OF ARKANSAS, BALL STATE UNIVERSITY, WAYNE STATE
UNIVERSITY AND CHICAGO CITY COLLEGE SHALL NOT BE CONSIDERED TO BE
INTEGRAL PARTS OF THE FORCES WITHIN THE MEANING OF PARAGRAPH 7, ARTICLE
41 OF THE SUPPLEMENTARY AGREEMENT TO THE NATO STATUS OF FORCES
AGREEMENT, AND FOR THE PURPOSE OF THE SETTLEMENT OF DAMAGE CLAIMS SHALL
NOT ENJOY EXEMPTION FROM GERMAN JURISDICTION. VEHICLES OPERATED BY THEM
SHALL BE DEEMED TO BE SERVICE VEHICLES WITHIN THE MEANING OF
SUBPARAGRAPH (C) OF PARAGRAPH 2 AND PARAGRAPH 10, ARTICLE XI AND
PARAGRAPH 4, ARTICLE XIII OF THE NATO STATUS OF FORCES AGREEMENT.
5. THE EMBASSY WILL INFORM THE AUSWAERTIGES AMT OF THE LOCATION IN
THE FEDERAL REPUBLIC OF GERMANY OF THE OFFICES OF THE UNIVERSITY OF
ARKANSAS, BALL STATE UNIVERSITY, WAYNE STATE UNIVERSITY AND CHICAGO CITY
COLLEGE AS WELL AS OF THE IDENTITY OF THOSE PERSONS EMPLOYED BY THESE
ESTABLISHMENTS.
6. THIS ADMINISTRATIVE AGREEMENT SHALL ENTER INTO FORCE ON THE DAY
AFTER RECEIPT BY THE UNITED STATES EMBASSY OF THE REPLY NOTE FROM THE
AUSWAERTIGES AMT.
THE AUSWAERTIGES AMT HAS THE HONOR TO ADVISE THE EMBASSY OF THE
UNITED STATES OF AMERICA THAT THE GOVERNMENT OF THE FEDERAL REPUBLIC OF
GERMANY AGREES TO THE PROPOSAL OF THE GOVERNMENT OF THE UNITED STATES OF
AMERICA. ACCORDINGLY THE NOTE VERBALE NO. 107 FROM THE EMBASSY OF THE
UNITED STATES OF AMERICA OF JUNE 4, 1971 AND THIS NOTE IN REPLY
CONSTITUTE AN ADMINISTRATIVE AGREEMENT WITHIN THE MEANING OF ARTICLE 71,
PARAGRAPH 4 OF THE SUPPLEMENTARY AGREEMENT TO THE NATO STATUS OF FORCES
AGREEMENT BETWEEN THE GOVERNMENT OF THE UNITED STATES OF AMERICA AND THE
GOVERNMENT OF THE FEDERAL REPUBLIC OF GERMANY.
THE AUSWAERTIGES AMT TAKES THIS OPPORTUNITY TO RENEW TO THE EMBASSY
OF THE UNITED STATES OF AMERICA THE ASSURANCES OF ITS HIGHEST
CONSIDERATION.
TO THE
EMBASSY OF THE UNITED STATES OF AMERICA
THE AUSWAERTIGES AMT, REFERRING TO THE EXCHANGE OF NOTES OF JUNE 4,
1971 AND DECEMBER 1, 1971, HAS THE HONOR TO INFORM THE EMBASSY OF THE
UNITED STATES OF AMERICA THAT THE ADMINISTRATIVE AGREEMENT CONCERNING
THE LEGAL STATUS OF THE UNIVERSITY OF ARKANSAS, THE BALL STATE
UNIVERSITY, THE WAYNE STATE UNIVERSITY AND THE CHICAGO CITY COLLEGE
ENTERED INTO FORCE ON DECEMBER 7, 1971 IN ACCORDANCE WITH NO. 6 OF THAT
AGREEMENT AND HAS BEEN PUBLISHED IN THE FEDERAL LAW GAZETTE 1972 PART
II, PAGE 84 ON JANUARY 28, 1972.
IN ACCORDANCE WITH NO. 5 OF THE EXCHANGE OF NOTES THE AUSWAERTIGES
AMT IS EXPECTING NOTIFICATION CONCERNING THE LOCATIONS IN THE FEDERAL
REPUBLIC OF THE OFFICES AS WELL AS OF THE IDENTITY OF THOSE PERSONS
EMPLOYED BY THESE ESTABLISHMENTS.
THE AUSWAERTIGES AMT TAKES THIS OPPORTUNITY TO RENEW TO THE EMBASSY
OF THE UNITED STATES OF AMERICA THE ASSURANCES OF ITS HIGHEST
CONSIDERATION.
TO THE
EMBASSY OF THE UNITED STATES
OF AMERICA.
ARGENTINA, REPUBLIC OF 17 MAR 1975 FLITE DOCUMENT NO. 7900034
LETTER OF AGREEMENT EXECUTED 17 MARCH 1975.
LETTER OF AGREEMENT EXTENDING CREDIT AGREEMENT OF 28 MAY AND 28 JUNE
1971 TO 30 DECEMBER 1975.
MAJOR GENERAL ROBERTO F. AGUIRRE CHAMPEAU
AIR ATTACHE
ARGENTINE EMBASSY
2034 20TH STREET, N.W.
WASHINGTON, D.C. 20009
DEAR GENERAL CHAMPEAU:
IN ACCORDANCE WITH YOUR REQUEST, THE DATE FOR PLACING ORDERS UNDER
THE CREDIT AGREEMENTS BETWEEN THE GOVERNMENT OF ARGENTINA AND THE UNITED
STATES OF AMERICA DATED 28 MAY 1971 AND 28 JUNE 1971, IS HEREBY EXTENDED
TO 30 DECEMBER 1975.
IT IS REQUESTED THAT YOU ADVISE YOUR GOVERNMENT THAT NO FURTHER
EXTENSIONS OF THESE AGREEMENTS WILL BE POSSIBLE.
PLEASE INDICATE YOUR AGREEMENT TO THE ABOVE MENTIONED EXTENSIONS BY
SIGNING A COPY OF THIS LETTER AND RETURNING IT TO THIS OFFICE.
CC: MR. WEST (DSAA/TC)
PREP BY: MR. BILLINGS/DSAA(TS)/15 MARCH 1975/MMS 4B662/79324
DISTR: ORIG & 1 CC
1 CC
R&C
TS-S SUBJ/COMBK
TS CHRON
TS-S CHRON
MULTILATERAL 24 APR 1974 FLITE DOCUMENT NO. 7900033
INTERSERVICE SUPPORT AGREEMENT EXECUTED 15 AND 24 APRIL 1974;
EFFECTIVE NOVEMBER 1973.
AGREEMENT REGARDING SERVICES PROVIDED BY NAVAL COMMUNICATION STATION
NORFOLK THROUGH ITS COMPONENT ACTIVITY, NAVAL RADIO RECEIVER FACILITY
NORTHWEST IN SUPPORT OF THE NATO SATELLITE COMMUNICATION UNIT,
NORTHWEST. AGREEMENT TERMINATES MARCH 1978.
SUPPORT AGREEMENT (FORM OMITTED)
CATEGORIES ADMINISTRATIVE AND LOGISTICAL SUPPORT SERVICES
AA COMPUTER AND DATA PROCESSING AB FINANCE AND ACCOUNTING AC
MILITARY/CIVILIAN PERSONNEL AD
LEGAL AE COMMUNICATION SERVICES AF CUSTODIAL AG
PURCHASING/CONTRACTING AH FIRE PROTECTION AI
POLICE PROTECTION AJ HOUSING/LODGING AK LAUNDRY/DRY CLEANING AL
MEDICAL/DENTAL AM MESSING AN
STORAGE/WAREHOUSING AO TRANSPORTATION AP UTILITIES AQ MORTUARY AR
STEVEDORING AS CALIBRATION
OF PRECISION INSTRUMENTS AT TERMINAL OPERATIONS AU ADMINISTRATIVE
OFFICE SPACE
SUPPLY SUPPORT MAINTENANCE SUPPORT
CATEGORIES CATEGORIES SA AIRCRAFT MA SB AIRCRAFT EQUIPMENT AND
SC AMMUNITION MC SD ORDNANCE EQUIPMENT AND
SE CLOTHING AND TEXTILES ME SF COMMUNICATION EQUIPMENT
SG VEHICLES MG SH VEHICULAR EQUIPMENT
SI CONSTRUCTION EQUIPMENT
SJ MATERIALS HANDLING
SK FIRE FIGHTING EQUIPMENT
SL ELECTRICAL EQUIPMENT
SM ELECTRONIC EQUIPMENT
SN GENERAL SUPPLIES MN SO MEDICAL/DENTAL EQUIPMENT
SP MISSILES MP SQ MISSILE EQUIPMENT
SR PARACHUTES MR SS PHOTOGRAPHIC EQUIPMENT
ST PETROLEUM, OILS, LUBRICANTS
SU RAILROAD EQUIPMENT
SV SHIPS AND VESSELS MV SW SUBSISTENCE SUPPLIES MW SX LIFE SUPPORT
EQUIPMENT MX
REVERSE OF DD 1144 PAGE 2 OF 12 ENCLOSURE (1)
SPECIFIC PROVISIONS OF AGREEMENT
A. THE SCOPE OF THIS AGREEMENT INCLUDES SERVICES PROVIDED BY NAVAL
COMMUNICATION STATION NORFOLK THROUGH ITS COMPONENT ACTIVITY, NAVAL
RADIO RECEIVER FACILITY NORTHWEST, HEREINAFTER REFERRED TO AS THE HOST
IN SUPPORT OF THE NATO SATELLITE COMMUNICATION UNIT, NORTHWEST,
HEREINAFTER REFERRED TO AS THE TENANT.
B. THE HOST WILL PROVIDE AN AREA OF ONE ACRE, MORE OR LESS; AS
DELINEATED ON TAB A TO APPENDIX I. PROVIDE THE RIGHT TO USE IN COMMON
WITH HOST THE ROADS AS SHOWN ON TAB A TO APPENDIX I.
C. THE HOST WILL EXERCISE OVERALL ADMINISTRATIVE CONTROL OF ENTIRE
STATION AND FACILITIES EXCEPT FOR THOSE WITHIN THE NATO PERIMETER. THE
TENANT WILL EXERCISE ADMINISTRATIVE AND OPERATIONAL CONTROL OVER THOSE
BUILDINGS AND FACILITIES ASSIGNED FOR EXCLUSIVE USE OF TENANT. TENANT
WILL EXERCISE CONTROL OVER BERTHING PER PARAGRAPHS (AJ).
D. THE HOST AND TENANT AGREE TO FURNISH THE SERVICES LISTED IN
APPENDIX I WITH REIMBURSEMENTS AS INDICATED BELOW:
1. NATO FUNDING:
A. THERE ARE TWO METHODS OF NATO FUNDING USED. THE PRIMARY METHOD
REFERRED TO AS SHAPE DIRECT FUNDING, SPECIFIES PAYMENTS DIRECTLY TO
PERSONNEL, SUPPLIERS, AGENCIES OR HOST NATIONS (NAVCOMMSTA NORFOLK),
UPON PRESENTATION OF VOUCHERS OR INVOICES FOR ACTUAL COSTS, BY SHAPE.
B. THE SECOND METHOD, REFERRED TO AS LUMP SUM REIMBURSEMENT,
SPECIFIES SHAPE PAYMENT OF APPROVED LUMP SUMS TO NAVCOMMSTA NORFOLK FOR
OPERATION AND MAINTENANCE SUPPORT OF SITE L-3. THE LUMP SUM WILL BE
PAID IN ADVANCE IN TWO EQUAL INSTALLMENTS OF $6,500.11 ON 1 JANUARY AND
1 JULY OF EACH YEAR.
2. EXAMPLES OF SHAPE DIRECT FUNDING:
A. LOS MICROWAVE MAINTENANCE $7,000.00 PER YEAR PAID DIRECT TO
NAVCOMMSTA NORFOLK FOR THE MAINTENANCE OF 24 FULL DUPLEX CHANNELS.
B. REIMBURSEMENT TO NAVCOMMSTA NORFOLK FOR ELECTRICAL CONSUMPTION AT
SITE L-3.
C. REIMBURSEMENT TO NAVCOMMSTA NORFOLK FOR TRAVEL OF SITE PERSONNEL
ON SHAPE/NATO BUSINESS. (PER DIEM PAID BY HOST NATION).
D. REIMBURSEMENT TO NAVCOMMSTA NORFOLK FOR SHAPE AUTHORIZED
PURCHASES.
3. NAVCOMMSTA NORFOLK IS RESPONSIBLE FOR PROVIDING THE FOLLOWING
SERVICES TO SITE L-3 UNDER THE PROVISIONS OF THE LUMP SUM REIMBURSEMENT:
A. MAINTENANCE OF SGT BUILDINGS INCLUDING THE NATO BARRACKS AND
GROUNDS, ACCESS ROADS AND STATION UTILITIES.
B. OPERATION AND MAINTENANCE OF STATION VEHICLE, FURNITURE, AND
EQUIPMENT. (OTHER THAN POWER PLANT AND ELECTRONICS EQUIPMENT.)
C. REPLACEMENT OF VEHICLE EACH YEAR FOR WHICH $500.00 PER YEAR IS
ALLOWED. SITE L-3 WILL RETAIN THIS ALLOWANCE AND IS RESPONSIBILE FOR
THE PROCUREMENT AND DISPOSITION OF ITS NON-NAVY VEHICLE.
D. PROVISION OF GENERAL EXPENSES SUCH AS OFFICE SUPPLIES, FIRST AID,
MEDICAL SUPPLIES, CLEANING MATERIAL, TECHNICAL PERIODICALS AND TELEPHONE
EXPENSES.
E. PROCUREMENT AND DELIVERY OF FUEL AND LUBRICANTS FOR DIESEL
GENERATORS, HEATING PLANT, AND SGT VEHICLE.
F. PROCUREMENT OF SPARE PARTS FOR SITE FACILITIES HEATING AND
VENTILATION EQUIPMENT.
G. TRANSPORTATION OF GOODS AND POSTAL CHARGES.
H. PROVISION OF SEWAGE AND WATER.
I. SNOW CLEARANCE.
J. ESTABLISHMENT OF PHYSICAL SECURITY.
K. PROVISION OF BUDGETARY DATA AS MAY BE REQUESTED BY SHAPE.
L. ASSIGNMENT AND ADMINISTRATION OF QUALIFIED MILITARY TECHNICAL
PERSONNEL IN ACCORDANCE WITH THE SHAPE TABLE OF AUTHORIZED PERSONNEL
(TAPS) AND SUPPORT PERSONNEL AS AGREED.
4. FUNDING IS TO BE PROVIDED IN ACCORDANCE WITH DEPARTMENT OF
DEFENSE INSTRUCTION 2010.1 AND SECRETARY OF DEFENSE MEMORANDUM TO
SECRETARY OF THE NAVY, SUBJECT: SUPPORT OF INTERNATIONAL MILITARY
ACTIVITIES.
E. THIS AGREEMENT SHALL BE REVIEWED AT LEAST ANNUALLY. THE HOST WILL
INITIATE AN ANNUAL REVIEW 60 DAYS PRIOR TO THE ANNIVERSARY DATE. FOR
RECORD PURPOSES, THE ANNIVERSARY DATE OF THIS AGREEMENT IS 1 MARCH. THE
1974 ANNUAL REVIEW IS WAIVED IN CONSIDERATION OF THE SHORT TIME FRAME
BETWEEN COMPLETION OF APPROVAL NEGOTIATIONS AND THE RECORD REVIEW DATE.
THE TENANT WILL PARTICIPATE IN THE ANNUAL REVIEW TO EVALUATE ITS
EFFECTIVENESS AND TO DETERMINE THE NEED FOR CONTINUATION, MODIFICATION,
OR TERMINATION.
F. THIS AGREEMENT IS SUBJECT TO MODIFICATION OR TERMINATION AS
MUTUALLY AGREED IN ACCORDANCE WITH THE FOLLOWING:
1. REQUEST FOR MODIFICATION WILL BE FURNISHED BY ONE PARTY TO THE
OTHER BY WRITTEN NOTICE AT LEAST 60 DAYS PRIOR TO EFFECTIVE DATE SUCH
MODIFICATION IS DESIRED. MODIFICATIONS TO THIS AGREEMENT SHALL BE
NUMBERED.
2. NOTIFICATION OF THE INTENTION OF EITHER PARTY TO TERMINATE THIS
AGREEMENT PRIOR TO THE DATE SET FORTH IN BLOCK 7 ABOVE WILL BE IN THE
FORM OF A WRITTEN NOTICE, SUBMITTED TO THE OTHER PARTY AT LEAST 180 DAYS
IN ADVANCE OF THE PROPOSED DATE OF TERMINATION AND SHALL BE NUMBERED AS
A MODIFICATION.
3. MODIFICATION NUMBERS WILL BE ASSIGNED BY THE HOST.
F. THIS AGREEMENT SHALL CONTINUE IN EFFECT UNTIL THE DATE SET FORTH
IN BLOCK 7 ABOVE, OR UNTIL IT IS TERMINATED IN ACCORDANCE WITH PARAGRAPH
E.2. ABOVE.
APPENDIX I ISSA NUMBER N70272-73299-021
CATEGORY OF SUPPORT:
(AB) BUDGET, ACCOUNTING AND FINANCE
HOST WILL:
1. PROVIDE FINANCIAL MANAGEMENT SERVICES AS REQUESTED BY TENANT AND
ARRANGE FOR
MAINTENANCE OF PAY AND ALLOWANCE RECORDS OF TENANT ACTIVITY
PERSONNEL.
TENANT WILL:
1. PROVIDE ANY FINANCE AND ACCOUNTING INFORMATION AND/OR DOCUMENTS
REQUIRED BY THE HOST IN
SUPPORT OF TENANT REQUIREMENTS.
HOST WILL:
2. INCLUDE THE TENANT IN THE ALLOCATION AND DISTRIBUTION OF
NON-APPROPRIATED FUNDS IN
ACCORDANCE WITH EXISTING BUPERS INSTRUCTIONS.
TENANT WILL:
2. PROVIDE NECESSARY DATA FOR STATION ACCOUNTING.
HOST WILL:
3. NOTIFY THE TENANT IN ADVANCE OF ANY NEW POLICIES OR POLICY
CHANGES WHICH WILL AFFECT
THE TENANT.
TENANT WILL:
3. A. PROVIDE HOST WITH REQUIREMENTS REPORTS OR SUCH OTHER
INFORMATION AS REQUIRED TO
ASSIST THE HOST IN PROVIDING FULL SUPPORT.
B. CONFER WITH HOST CONCERNING MONETARY RESPONSIBILITIES BEFORE
MAKING CHANGES SO HOST CAN
REQUEST AN ADJUSTMENT TO HIS BUDGET.
C. PROVIDE PERSONNEL TO ASSIST IN VARIOUS AREAS AS REQUESTED BY THE
HOST, UNLESS PROVIDING
SUCH PERSON OR PERSONS ADVERSELY AFFECTS THE MISSION OF THE TENANT.
CATEGORY OF SUPPORT:
(AC) MILITARY/CIVILIAN PERS.
HOST WILL:
1. MAKE THE FOLLOWING SERVICES AVAILABLE TO TENANT MILITARY
PERSONNEL ON SAME BASIS AS TO
HOST MILITARY PERSONNEL.
A. NAVY EXCHANGE
B. RETAIL CLOTHING STORE
C. POSTAL FACILITIES
D. RELIGIOUS SERVICES
E. COMMISSIONED OFFICER'S MESS
F. CHIEF PETTY OFFICER'S MESS
G. ENLISTED MEN'S CLUB
H. MOTION PICTURE ENTERTAINMENT
TENANT WILL:
1. UTILIZE THESE SERVICES IN ACCORDANCE WITH STATION REGULATIONS.
HOST WILL:
2. PROVIDE SPECIAL SERVICES TYPE RECREATION FACILITIES.
TENANT WILL:
2. ENCOURAGE PERSONNEL PARTICIPATION IN RECREATIONAL ACTIVITIES.
PROVIDE REPRESENTATIVE
AND NECESSARY DATA FOR STATION REPORTING.
HOST WILL:
3. ARRANGE FOR AND/OR MAINTAIN ALL NECESSARY RECORDS SUCH AS ORDERS
AND ENDORSEMENTS,
ETC., SERVICE, LEAVE, HEALTH, AND PAY RECORDS.
TENANT WILL:
3. COMPLY WITH REQUEST FOR INFORMATION AND/OR DOCUMENTS REQUIRED BY
THE HOST IN SUPPORT OF
TENANT REQUIREMENTS.
HOST WILL:
4. MAKE AVAILABLE TRAINING DEVICES, TRAINING PUBLICATIONS, AND OTHER
TRAINING
MATERIALS. PROVIDE SPACE AND FACILITIES TO SUPPORT SUCH DEVICES FOR
EDUCATIONAL, PROFESSIONAL
AND MILITARY TRAINING OF TENANT PERSONNEL.
TENANT WILL:
4. PROVIDE UNIQUE NATO TYPE TRAINING DEVICES. TENANT PERSONNEL WILL
PAY APPROPRIATE FEES.
CATEGORY OF SUPPORT:
(AD) LEGAL
HOST WILL:
1. RETAIN AND EXERCISE JURISDICTION OVER TENANT PERSONNEL FOR ALL
DISCIPLINARY ACTIONS
UNDER UCMJ AND ALL ADMINISTRATIVE BOARD ACTIONS.
TENANT WILL:
1. INVESTIGATE ALL VIOLATIONS BY TENANT PERSONNEL AND SUBMIT REPORTS
AND RECOMMENDATIONS
TO THE HOST AS REQUESTED.
CATEGORY OF SUPPORT:
(AE) COMMUNICATION SERVICES
HOST WILL:
1. MAKE AVAILABLE RECORD COMMUNICATIONS SERVICE.
TENANT WILL:
1. PROVIDE OWN MEANS FOR PICK-UP AND DELIVERY OF MESSAGES FROM
MESSAGE CENTER TO SITE.
HOST WILL:
2. PROVIDE APPROPRIATE INTERFACE BETWEEN SATELLITE TERMINAL AND USER
(M/W ETC.). HOST
WILL PROVIDE 24 FULL DUPLEX VOICE CHANNELS BETWEEN NATO SITE AND
BUILDING M-51. PROVIDE
TECHNICAL CONTROL SERVICES TO TENANT ON EQUAL BASIS AS TO OTHER
SUBSCRIBERS.
TENANT WILL:
2. MAKE AVAILABLE UNUSED CHANNELS TO THE HOST IF NEEDED. LOANED
CHANNELS HAVE NATO
PRIORITY AND ARE SUBJECT TO IMMEDIATE RECALL. PROVIDE TECHNICAL
GUIDANCE AND INFORMATION AS
REQUESTED BY THE HOST REGARDING CIRCUITS AND PERFORMANCE.
CATEGORY OF SUPPORT:
(AF) CUSTODIAL
HOST WILL:
1. GENERAL MAINTENANCE OF NATO PLANT FACILITIES:
PERFORM MAINTENANCE, REPAIR, AND ALTERATIONS BEYOND TENANT'S
CAPABILITY ON A REQUEST BASIS.
TENANT WILL:
PERFORM NORMAL CYCLICAL MAINTENANCE WITHIN TENANT'S CAPABILITY,
REIMBURSE HOST FOR MAINTENANCE, REPAIR AND ALTERATIONS PERFORMED BY HOST
ON REQUEST.
HOST WILL:
2. IMPROVEMENTS OR MODIFICATIONS:
MAKE, WITHIN CAPABILITY, APPROVED ADDITIONS, IMPROVEMENTS, OR
MODIFICATIONS REQUESTED BY
TENANT.
TENANT WILL:
MAKE NO ADDITIONS TO, IMPROVEMENTS IN, OR MODIFICATIONS OF
STRUCTURES, WHICH AFFECT THE
HOST WITHOUT PRIOR COORDINATION WITH HIM. REIMBURSE HOST FOR COST OF
LABOR AND MATERIALS
UTILIZED IN WORK REQUESTED.
HOST WILL:
3. GROUNDS AND ROADS.
PROVIDE SNOW REMOVAL, GROUNDS AND DRAINAGE SYSTEM MAINTENANCE WITHIN
TENANT AREA, WHEN
BEYOND TENANT CAPABILITY. PROVIDE ROUTINE MAINTENANCE SERVICE FOR
THE ACCESS ROAD LEADING
FROM THE PRESENT SUPPLY BUILDING INTO THE NATO SITE. PROVIDE MOWING
OF SEMI-IMPROVED GROUNDS
TO REDUCE FIRE HAZARDS AND ESTABLISH AN ADEQUATE FIRE BARRIER.
TENANT WILL:
PERFORM GROUNDS CARE WITHIN THE PERIMETER OF THE SITE. MAKE NEEDS
KNOWN TO HOST, ON A
TIMELY BASIS, WHEN SNOW REMOVAL, GROUNDS AND DRAINAGE SYSTEM
MAINTENANCE ARE BEYOND THE TENANT
CAPABILITY. REIMBURSE HOST FOR SERVICES.
HOST WILL:
4. PROPERTY DISPOSAL:
DISPOSE OF ANY SURPLUS, SCRAP AND SALVAGE GENERATED BY TENANT.
HOST WILL:
5. PROVIDE NECESSARY SUPPORT PERSONNEL AS MUTUALLY AGREED BY HOST
AND TENANT AND AS
APPROVED BY SHAPE.
TENANT WILL:
5. REIMBURSE HOST FOR ACTUAL COSTS OF SUPPORT PERSONNEL FROM LUMP
SUM PAYMENTS.
CATEGORY OF SUPPORT:
(AH) FIRE PROTECTION
HOST WILL:
1. DISTRIBUTE TO THE TENANT ALL STATION REGULATIONS CONCERNING FIRE
PROTECTION, SAFETY,
GOOD ORDER, BEHAVIOR OF CIVILIAN AND MILITARY PERSONNEL.
TENANT WILL:
1. COMPLY WITH STATION REGULATIONS IN THIS REGARD.
HOST WILL:
2. PROVIDE STRUCTURAL FIRE PROTECTION, INCLUDING FIRE PREVENTION
MEASURES AND
INSPECTIONS. TRAIN TENANT PERSONNEL IN FIRE-FIGHTING TECHNIQUES.
PROVIDE INSPECTION,
RECHARGING, TESTING AND ROUTINE MAINTENANCE OF TENANT FIRE
EXTINGUISHERS.
TENANT WILL:
2. PROVIDE AUXILIARY ASSISTANCE IN CONNECTION WITH LOCAL FIRE
PREVENTION AND PROTECTION
AND WILL COMPLY WITH LOCAL REGULATIONS.
CATEGORY OF SUPPORT:
(AI) POLICE/SECURITY
HOST WILL:
1. FURNISH SUFFICIENT SECURITY TO PROTECT THE SGT FROM UNAUTHORIZED
ACCESS OF PERSONNEL
WHOSE PRESENCE MAY RESULT IN INJURY TO THEMSELVES OR NATO PERSONNEL,
PHYSICAL DAMAGE TO NATO
EQUIPMENT, OR THE COMPROMISE OF NATO CLASSIFIED MATERIAL. DURING
PERIODS OF INCREASED DEFENSE
CONDITIONS, WHICH REQUIRE GUARDS TO BE POSTED, FURNISH PERSONNEL TO
SECURE THE TENANT
PERIMETER FENCE AND GUARD HOUSE.
TENANT WILL:
1. PROVIDE ROUND THE CLOCK CONTROL OF ACCESS TO THE SGT SITE.
COMPLY WITH HOST SECURITY
REGULATIONS AND BE RESPONSIBLE FOR ADMINISTRATIVE SECURITY AND
INTERNAL SECURITY OF THE NATO
COMMUNICATIONS SPACES, UNLESS THESE REGULATIONS CONFLICT WITH NATO
REGULATIONS IN WHICH CASE
THE TENANT WILL ABIDE BY NATO REGULATIONS.
CATEGORY OF SUPPORT:
(AJ) HOUSING/LODGING
HOST WILL:
1. PROVIDE FAMILY HOUSING (MEQ'S AND MOQ'S) AS REQUIRED BY TENANT
PERSONNEL TO THE EXTENT
AVAILABLE.
TENANT WILL:
1. ENSURE TENANT OCCUPANTS COMPLY WITH LOCAL DIRECTIVES AND
REGULATIONS RELATIVE TO THE
OCCUPANCY OF FAMILY HOUSING.
HOST WILL:
2. PROVIDE BOQ ACCOMODATIONS AS REQUIRED BY TENANT PERSONNEL TO THE
EXTENT AVAILABLE.
TENANT WILL:
2. ENSURE TENANT OCCUPANTS COMPLY WITH LOCAL REGULATIONS REGARDING
BOQ OCCUPANCY.
HOST WILL:
3. MAINTAIN IDENTICAL MANNING CRITERIA THROUGHOUT BARRACKS (BUILDING
66). PROVIDE ALL
NATO BACHELOR ENLISTED PERSONNEL WITH BERTHING IN THE NATO-FUNDED
WING. HOST WILL ASSIST ON A
FAIR-SHARE BASIS IN MAINTAINING THE CLEANLINESS OF JOINTLY USED
FACILITIES IN THE BARRACKS.
TENANT WILL:
3. TENANT SHALL MAINTAIN IDENTICAL MANNING DENSITY AS HOST AND
INFORM THE HOST OF EXCESS
SPACE AVAILABLE IN THE NATO WING TO ALLOW FOR OVERFLOW BERTHING OF
HOST PERSONNEL. TENANT
OCCUPANTS SHALL COMPLY WITH LOCAL BEQ REGULATIONS.
HOST WILL:
4. MAINTAIN CONTROL OVER MILITARY PERSONNEL BERTHED IN THE NATO WING
INSURING COMPLIANCE
WITH FIRE AND BEQ REGULATIONS. HOST WILL OBTAIN CONCURRENCE WITH OIC
NATO SATCOMM SITE FOR
ANY IMPROVEMENTS OR CHANGES THAT MAY AFFECT THE NATO FUNDED WING.
TENANT WILL:
4. ENSURE TENANT PERSONNEL MAINTAIN CLEANLINESS OF THEIR BARRACKS
SPACE. TENANT WILL
ASSIST ON A FAIR SHARE BASIS IN MAINTAINING THE CLEANLINESS OF
JOINTLY USED FACILITIES IN THE
BARRACKS.
HOST WILL:
5. PROVIDE PRIORITY HOUSING FOR ONE NATO REPRESENTATIVE DESIGNATED
AS ESSENTIAL BY NATO
OIC AND APPROVED AS SOON AS AVAILABLE.
TENANT WILL:
5. DESIGNATE THE ESSENTIAL REPRESENTATIVE REQUIRED ON BOARD.
CATEGORY OF SUPPORT:
(AL) MEDICAL/DENTAL
HOST WILL:
1. PROVIDE MEDICAL AND DENTAL SERVICES TO TENANT PERSONNEL AND THEIR
DEPENDENTS AS
PROVIDED FOR IN THE HOST/TENANT AGREEMENT BETWEEN NAVAL COMMUNICATION
STATION NORFOLK AND THE
NAVY REGIONAL MEDICAL AND DENTAL OFFICES.
TENANT WILL:
1. ENSURE TENANT ACTIVITY PERSONNEL COMPLY WITH EXISTING
MEDICAL/DENTAL SERVICE
REGULATIONS AND LOCAL DIRECTIVES.
CATEGORY OF SUPPORT:
(AM) MESSING
HOST WILL:
1. PROVIDE GENERAL MESS FACILITIES FOR TENANT MILITARY PERSONNEL AT
SAME STANDARD AND WITH
THE SAME REQUIREMENTS AND SCHEDULE AS PROVIDED HOST MILITARY
PERSONNEL.
TENANT WILL:
1. COMPLY WITH ALL RULES AND REGULATIONS OF THE GENERAL MESS AS
PROVIDED BY THE HOST.
CATEGORY OF SUPPORT:
(AN) SHIPPING & RECEIVING
HOST WILL:
1. ENSURE NORMAL PACKING AND SHIPPING SERVICES ARE AVAILABLE ON A
NON-REIMBURSABLE BASIS.
TENANT WILL:
1. REIMBURSE HOST FOR SPECIAL OR ADDITIONAL PACKING AND SHIPPING
SERVICE INCLUDING
NECESSARY CUSTOMS CLEARANCE AND COMMERCIAL FREIGHT WARRANTS UPON
REQUEST OF TENANT.
CATEGORY OF SUPPORT:
(AP) UTILITIES
HOST WILL:
1. TELEPHONES:
PROVIDE AND/OR ARRANGE FOR TELEPHONE SERVICE AS AVAILABLE UNDER THE
EXISTING STATION ASSETS
AND AS TENANT REQUIRES TO CONDUCT NORMAL BUSINESS.
TENANT WILL:
PROVIDE RECONCILIATION FOR TELEPHONE SERVICES TO HOST MONTHLY.
REIMBURSE AS STATED IN
PARAGRAPH B.5. OF SPECIFIC PROVISIONS.
HOST WILL:
2. UTILITY SERVICE SUCH AS WATER, SANITARY SEWAGE DISPOSAL, AND
TRASH REMOVAL:
PROVIDE AND/OR ARRANGE FOR THESE SERVICES, WITHIN HOST CAPABILITY.
TENANT WILL:
COMPLY WITH STATION CONSERVATION MEASURES, AS APPLICABLE. REIMBURSE
HOST AS STATED IN
PARAGRAPH D.4. OF SPECIFIC PROVISIONS.
HOST WILL:
3. FUEL OIL (HEAT AND EMERGENCY POWER):
ARRANGE FOR FUEL OIL, AS REQUIRED BY TENANT.
TENANT WILL:
MAKE NEEDS KNOWN TO HOST ON A TIMELY BASIS. REIMBURSE HOST AS STATED
IN PARAGRAPH B.5.
CATEGORY OF SUPPORT:
(MM) ELECTRONIC
HOST WILL:
1. MAINTAIN/REPAIR SUPPORTING NATO VFCT EQUIPMENT LOCATED IN
BUILDING M-51.
TENANT WILL:
1. TENANT WILL MAINTAIN/REPAIR ON-SITE EQUIPMENT, SUPPLY PARTS
PECULIAR TO THE VFCT, AND
WILL PROVIDE TECHNICAL ASSISTANCE AND TRAINING AS REQUIRED.
HOST WILL:
2. INVITE THE TENANT TO PARTICIPATE ON BASE PLANNING BOARDS, RFI
COMMITTEES, CIVIL
ENGINEERING MATTERS, ETC.; TO PROTECT AGAINST LOSS OF DEGRATION TO
THE TENANT MISSION
CAPABILITY.
TENANT WILL:
2. ACTIVELY PARTICIPATE IN THE EXCHANGE OF ENGINEERING CRITERIA.
CATEGORY OF SUPPORT:
(ML) ELECTRICAL EQUIPMENT & COMPONENTS
HOST WILL:
1. ELECTRICAL DISTRIBUTION SYSTEM:
PROVIDE THIS SERVICE UP TO THE HIGH VOLTAGE SWITCH GEAR. PERFORM
MAINTENANCE, REPAIR, AND
ALTERATIONS, BEYOND TENANT'S CAPABILITY ON A REQUEST BASIS.
TENANT WILL:
PROVIDE HOST WITH READINGS ON THE LAST DAY OF EACH MONTH OR AS
REQUESTED. REIMBURSE HOST
FOR MAINTENANCE, REPAIR AND ALTERATIONS PERFORMED BY BY HOST ON
REQUEST.
CATEGORY OF SUPPORT:
(SG) VEHICLES
HOST WILL:
1. ASSIST AS OCCASION MAY ARISE WITH LOAN OF REQUIRED (NOT LIMITED
TO VEHICULAR) EQUIPMENT
AS MAY BE DETERMINED WITHIN STATION CAPABILITY. REIMBURSE TENANT FOR
OTHER THAN NORMAL WEAR
AND TEAR ON EQUIPMENT AND FURNISHING BORROWED FROM TENANT.
TENANT WILL:
1. ASSIST AS OCCASION MAY ARISE WITH LOAN OF REQUIRED EQUIPMENT AS
MAY BE DETERMINED
WITHIN ITS CAPABILITY. REIMBURSE HOST FOR OTHER THAN NORMAL WEAR AND
TEAR OF EQUIPMENT AND
FURNISHING BORROWED FROM HOST.
CATEGORY OF SUPPORT:
(SN) SUPPLY
HOST WILL:
1. PROVIDE NECESSARY SUPPLY SUPPORT.
TENANT WILL:
1. PROVIDE PARTS PECULIAR TO NATO EQUIPMENT NOT AVAILABLE THROUGH
THE NAVAL SUPPLY
SYSTEM. TENANT WILL MAKE ARRANGEMENTS TO REIMBURSE HOST FOR SPECIAL
REQUIREMENTS OF OR
PECULIAR TO THE OPERATIONS OF THE TENANT PROVIDED IN CONNECTION WITH
SUPPLY SUPPORT.
GERMANY, FEDERAL REPUBLIC OF 11 SEP 1970 FLITE DOCUMENT NO. 7900032
AGREEMENT EXECUTED 11 SEPTEMBER 1970.
AGREEMENT TO GUARANTEE THE PROTECTION UNDER THE GERMAN
LEGALLY-ESTABLISHED PENSION INSURANCE SYSTEM FOR CERTAIN EMPLOYEES OF
THE UNITED STATES ARMY STATIONED IN THE FEDERAL REPUBLIC OF GERMANY.
IN THE DESIRE TO GUARANTEE THE PROTECTION UNDER THE GERMAN
LEGALLY-ESTABLISHED PENSION INSURANCE SYSTEM FOR CERTAIN EMPLOYEES OF
THE UNITED STATES ARMY STATIONED IN THE FEDERAL REPUBLIC OF GERMANY.
HAVE AGREED AS FOLLOWS:
THIS AGREEMENT APPLIES TO PERSONS WHO, AS MEMBERS OF LABOR SERVICE
GROUPS OF THE UNITED STATES ARMY STATIONED IN THE FEDERAL REPUBLIC OF
GERMANY, WERE TRANSFERRED TO FRANCE AFTER OCTOBER 30, 1950, WERE
EMPLOYED THERE BY THE UNITED STATES ARMY PRIOR TO APRIL 1, 1967 AND WHO,
ON THE DATE OF THE SIGNING OF THIS AGREEMENT RESIDED ORDINARILY WITHIN
THE TERRITORY OF A MEMBER STATE OF THE EUROPEAN ECONOMIC COMMUNITY, OR
WHO DIED PRIOR TO SUCH DATE OF SIGNATURE, IF ELIGIBLE SURVIVORS RESIDED
ORDINARILY ON THIS DAY WITHIN THE TERRITORY OF ONE OF THE STATES
MENTIONED.
THE GERMAN LEGAL PROVISIONS OF THE ESTABLISHED PENSION INSURANCE
SYSTEM SHALL APPLY WITH REGARD TO THE EMPLOYMENT OF PERSONS DESIGNATED
IN ARTICLE 1, AS IF THE PERSONS, FOR THE DURATION OF THEIR EMPLOYMENT,
HAD BEEN EMPLOYED AS MANUAL WORKERS AT THE LOCALITY OF THE HEADQUARTERS
OF THE UNITED STATES ARMY STATIONED IN THE FEDERAL REPUBLIC OF GERMANY.
(1) THE HEADQUARTERS DESIGNATED IN ARTICLE 2 WILL PAY THE
CONTRIBUTIONS FOR THE PERIODS OF EMPLOYMENT MENTIONED UNDER ARTICLE 1
DIRECTLY TO THE COMPETENT INSURANCE CARRIER WITHIN 12 MONTHS AFTER THE
EFFECTIVE DATE OF THIS AGREEMENT.
(2) THE CONTRIBUTIONS SHALL BE PAID IN ACCORDANCE WITH THE LEGAL
PROVISIONS WHICH APPLIED TO THE COMPUTATION OF CONTRIBUTIONS FOR
EMPLOYEES SUBJECT TO COMPULSORY INSURANCE ON APRIL 1, 1967.
(3) THE CONTRIBUTIONS SHALL BE CONSIDERED AS HAVING BEEN PAID ON
TIME. THE BEGINNING OF A COMPENSABLE EPISODE COVERED BY INSURANCE SHALL
NOT ACT TO BAR THE PAYMENT OF CONTRIBUTIONS. VOLUNTARY CONTRIBUTIONS
MADE DURING THE TIME OF EMPLOYMENT ARE TO BE COUNTED AS CONTRIBUTIONS
UNDER THE INCREASED LEVEL INSURANCE PROVISIONS.
(4) THE CONTRIBUTIONS SHALL BE ACCOMPANIED BY CERTIFICATES WHICH
DESIGNATE THE BEGINNING AND THE END OF THE EMPLOYMENT PERIODS AND THE
AMOUNT OF THE GROSS EARNINGS, INCLUDING THE VALUE OF BOARD AND ROOM, IN
DEUTSCHE MARK, WHICH WERE PAID IN EACH INDIVIDUAL CALENDAR YEAR FOR THE
MENTIONED EMPLOYMENT PERIODS. THE INSURANCE CARRIER SHALL CERTIFY THE
PERIODS AND EARNINGS, AND ISSUE TO THE INSURED PERSON A STATEMENT OF
ACCOUNTING TO COVER.
(5) THE REGULATIONS CONCERNING THE PORTION PAID INTO THE FUND BY AN
INSURED PERSON, AND CONCERNING REIMBURSEMENT OF CONTRIBUTIONS, SHALL NOT
BE APPLIED.
(6) WHEN CONTRIBUTIONS FOR A PERSON SPECIFIED IN ARTICLE 1 HAVE
ERRONEOUSLY NOT BEEN PAID WITHIN THE TIME PERIOD MENTIONED IN PARAGRAPH
(1) THEY WILL BE PAID LATER. CONTRIBUTIONS WHICH HAVE BEEN ERRONEOUSLY
PAID FOR PERSONS NOT SPECIFIED IN ARTICLE 1 SHALL BE REFUNDED.
(1) PENSION BENEFITS ALREADY ESTABLISHED WILL UPON REQUEST BE
REDETERMINED TO CONFORM TO THIS AGREEMENT. THEY MAY ALSO BE RECOMPUTED
BY INITIATIVE OF THE INSURANCE CARRIER. THE FACT THAT PREVIOUS
DECISIONS HAVE TAKEN FINAL EFFECT SHALL NOT ACT TO PRECLUDE A
REDETERMINATION OF BENEFITS IN CONFORMITY WITH THIS AGREEMENT.
(2) TO THE EXTENT THAT THE CONTRIBUTIONS DESCRIBED IN ARTICLE 3
APPLY, THE LEGAL PROVISIONS AS TO THE EXPIRATION OF TIME LIMITS FOR THE
FILING OF BENEFIT CLAIMS SHALL NOT APPLY.
(3) SHOULD THE RE-DETERMINATIONS ACCORDING TO PARAGRAPH (1) RESULT IN
DENIAL OF ANY CLAIM OR IN A PENSION LOWER THAN THAT WHICH WAS PAID FOR
THE TIME PRIOR TO THE EFFECTIVE DATE OF THIS AGREEMENT, THE PAYMENT OF
THE PREVIOUS PENSION AMOUNT SHALL BE CONTINUED.
IF THE HEADQUARTERS DESIGNATED IN ARTICLE 2, IN EXPECTATION OF A
CLAIM TO BENEFITS BASED ON THIS AGREEMENT, HAS GRANTED SUPPORT
COMPENSATION FOR PERIODS PRIOR TO THE EFFECTIVE DATE OF THIS AGREEMENT,
IT MAY REQUEST REIMBURSEMENT THEREFOR FROM THE PENSION CLAIM BASED ON
THIS AGREEMENT FOR THE SAME PERIODS, BUT ONLY UP TO THE AMOUNT OF THE
SUPPORT COMPENSATION GRANTED. THE CONSENT OF THE CLAIMANT INVOLVED IS
NOT REQUIRED. IF A CLAIMANT DOES NOT FILE A REQUEST FOR A
DETERMINATION, OR FOR A RE-DETERMINATION (ARTICLE 4, PARAGRAPH (1)) OF A
PENSION CLAIM, THE HEADQUARTERS MAY DO SO ON HIS BEHALF TO SAFEGUARD HIS
RIGHTS.
(1) DISPUTES BETWEEN THE TWO CONTRACTING STATES CONCERNING THE
INTERPRETATION OR APPLICATION OF THIS AGREEMENT SHALL BE SETTLED,
INSOFAR AS POSSIBLE, THROUGH THE COMPETENT AUTHORITIES.
(2) IF A DISPUTE CANNOT BE SETTLED IN THIS MANNER, IT WILL BE
REFERRED TO AN ARBITRATION BOARD AT THE REQUEST OF EITHER CONTRACTING
STATE.
(3) AN ARBITRATION BOARD WILL BE ESTABLISHED ON AN AD HOC BASIS WITH
EACH CONTRACTING STATE APPOINTING ONE MEMBER, AND BOTH MEMBERS AGREEING
ON A CITIZEN FROM A THIRD NORTH ATLANTIC TREATY ORGANIZATION MEMBER
STATE AS CHAIRMAN WHO WILL BE APPOINTED BY THE GOVERNMENTS OF THE TWO
CONTRACTING STATES. THE MEMBERS WILL BE APPOINTED WITHIN TWO MONTHS,
AND THE CHAIRMAN WITHIN THREE MONTHS, AFTER ONE CONTRACTING STATE HAS
INFORMED THE OTHER THAT IT WILL REFER THE DISPUTE TO AN ARBITRATION
BOARD.
(4) IF THE DEADLINES MENTIONED IN PARAGRAPH (3) ARE NOT MET, EACH
CONTRACTING STATE MAY, IN THE ABSENCE OF OTHER AGREEMENTS, ASK THE
SECRETARY GENERAL OF THE NORTH ATLANTIC TREATY ORGANIZATION TO MAKE THE
NECESSARY APPOINTMENTS. IF THE SECRETARY GENERAL HAS THE CITIZENSHIP OF
ONE OF THE CONTRACTING STATES OR IS PREVENTED FROM ACTING FOR ANOTHER
REASON, THE DEPUTY SECRETARY GENERAL SHALL MAKE THE APPOINTMENTS. IN
CASE THE DEPUTY SECRETARY GENERAL ALSO POSSESSES THE CITIZENSHIP OF ONE
OF THE TWO CONTRACTING STATES OR IS PREVENTED FROM ACTING FOR ANOTHER
REASON, THE NEXT ASSISTANT SECRETARY GENERAL FOLLOWING IN RANK BY
PROTOCOL WHO HAS NOT THE CITIZENSHIP OF ONE OF THE TWO CONTRACTING
STATES AND WHO IS NOT PREVENTED FROM ACTING FOR ANOTHER REASON, SHALL
MAKE THE APPOINTMENTS.
(5) THE ARBITRATION BOARD SHALL MAKE ITS DECISION BY MAJORITY VOTE ON
THE BASIS OF THE AGREEMENTS EXISTING BETWEEN THE PARTIES AND GENERAL
INTERNATIONAL LAW. ITS DECISIONS ARE BINDING. EACH CONTRACTING STATE
BEARS THE COST FOR ITS MEMBERS, AS WELL AS FOR ITS REPRESENTATION IN THE
PROCEEDINGS BEFORE THE ARBITRATION BOARD; THE COST FOR THE CHAIRMAN AS
WELL AS OTHER EXPENSES, ARE SHARED EQUALLY BETWEEN THE CONTRACTING
STATES. THE ARBITRATION BOARD CAN MAKE A DIFFERENT DECISION CONCERNING
THE ALLOCATION OF EXPENSES. IN ALL OTHER RESPECTS THE ARBITRATION BOARD
SHALL ESTABLISH ITS OWN RULES OF PROCEDURE.
(6) IF AN ARBITRAL DECISION AGAINST THE GOVERNMENT OF THE UNITED
STATES SHOULD INVOLVE THE PAYMENT OF A SUM OF MONEY, SUCH PAYMENT SHALL
BE SUBJECT TO THE APPROPRIATION OF SUCH FUNDS BY THE CONGRESS OF THE
UNITED STATES OF AMERICA.
THIS AGREEMENT IS ALSO VALID FOR LAND BERLIN, UNLESS THE GOVERNMENT
OF THE FEDERAL REPUBLIC OF GERMANY MAKES A DECLARATION TO THE CONTRARY
TO THE GOVERNMENT OF THE UNITED STATES OF AMERICA WITHIN THREE MONTHS
AFTER THE EFFECTIVE DATE OF THIS AGREEMENT. IN THE APPLICATION OF THIS
AGREEMENT TO BERLIN, THE REFERENCES TO THE FEDERAL REPUBLIC OF GERMANY
WILL APPLY ALSO AS REFERENCES TO LAND BERLIN.
(1) THIS AGREEMENT REQUIRES RATIFICATION OR APPROVAL; THE
INSTRUMENTS OF RATIFICATION OR APPROVAL WILL BE EXCHANGED AS SOON AS
POSSIBLE IN BONN.
(2) THIS AGREEMENT IS MADE RETROACTIVE TO NOVEMBER 1, 1950 AND WILL
ENTER INTO FORCE ON THE FIRST DAY OF THE SECOND MONTH AFTER THE END OF
THE MONTH IN WHICH THE INSTRUMENTS OF RATIFICATION OR APPROVAL ARE
EXCHANGED.
DONE AT BONN, ON SEPT. 11, 1970 IN TWO ORIGINAL COPIES, EACH IN
ENGLISH AND GERMAN LANGUAGES, BOTH VERSIONS BEING EQUALLY AUTHENTIC.
GERMANY, FEDERAL REPUBLIC OF 24 SEP 1975 FLITE DOCUMENT NO. 7900031
AGREEMENT EXECUTED 24 SEPTEMBER 1975.
AGREEMENT DEFINES THE CONDITIONS FOR PROVISION OF FUEL (DIESEL F-54,
MOGAS F-46, AND JP-4 F-40), WHICH MUST CONFORM TO NATO STANDARDS OF
QUALITY, BY THE BUNDESWEHR FOR US ARMY AND US MARINE CORPS USE FOR
EXERCISE STRAFFE ZUEGEL AND FOR REIMBURSEMENT OR REPLACEMENT IN KIND
THEREOF BY USAREUR.
THE FEDERAL MINISTER OF DEFENSE, REPRESENTED BY GERMAN TERRITORIAL
SOUTHERN COMMAND (GTSC), HEIDELBERG, AND 1. (GE) KORPS, MUENSTER,
THE COMMANDER IN CHIEF, UNITED STATES ARMY, EUROPE AND SEVENTH ARMY,
REPRESENTED BY THE DEPUTY CHIEF OF STAFF FOR LOGISTICS (DCSLOG), HQ
USAREUR AND SEVENTH ARMY, HEIDELBERG, ACTING ON BEHALF OF USAREUR AS
WELL AS THE US MARINE CORPS,
1. PURPOSE OF THE AGREEMENT
THIS AGREEMENT DEFINES THE CONDITIONS FOR PROVISION OF FUEL (DIESEL
(F-54), MOGAS (F-46), AND JP-4 (F-40)), WHICH MUST CONFORM TO NATO
STANDARDS OF QUALITY, BY THE BUNDESWEHR FOR US ARMY AND US MARINE CORPS
FOR USE FOR EXERCISE "STRAFFE ZUEGEL" AND FOR REIMBURSEMENT OR
REPLACEMENT IN KIND THEREOF BY USAREUR.
2. US ARMY AND US MARINE CORPS FUEL REQUIREMENTS
A. THE ESTIMATED US ARMY FUEL REQUIREMENTS ARE AS FOLLOWS:
MOGAS (F-46) 360.000 LITERS (95,000 GALLONS)
DIESEL (F-54) 540.000 LITERS (142,000 GALLONS)
JP-4 (F-40) 40.000 LITERS (10,500 GALLONS)
B. THE ESTIMATED US MARINE CORPS FUEL REQUIREMENTS ARE AS FOLLOWS:
MOGAS (F-46) 11,500 LITERS (3,000 GALLONS)
DIESEL (F-54) 34.000 LITERS (9,000 GALLONS)
JP-4 (F-40) 230.000 LITERS (60,000 GALLONS)
C. THE QUANTITIES LISTED IN A AND B, ABOVE, MAY BE EXCEEDED WITHOUT
CONSULTING WITH USAREUR, IF EXERCISE "STRAFFE ZUEGEL" REQUIREMENTS SO
DICTATE. UPON USAREUR REQUEST, THE BUNDESWEHR WILL FURNISH A DAILY
STATUS REPORT ON FUEL ISSUED.
3. PROVISIONS FOR ISSUE OF FUEL
A. FUEL REQUIRED FOR THE US ARMY FOR EXERCISE "STRAFFE ZUEGEL" WILL
BE ISSUED AS FOLLOWS:
(1) MOGAS AND DIESEL WILL BE ISSUED AT HODENHAGEN.
(2) JP-4 WILL BE ISSUED AT CELLE.
B. FUEL REQUIRED BY THE US MARINE CORPS FOR EXERCISE "STRAFFE ZUEGEL"
WILL BE ISSUED AS FOLLOWS:
ISSUE POINT FOR MOGAS, DIESEL, AND JP-4 WILL BE THE
HEERESFLUGPLATZKOMMANDANTUR 104, ROTENBURG/HANOVER, OR WITHIN ITS
VICINITY.
4. METHODS AND PROVISIONS FOR ISSUE OF FUEL, APPROPRIATE RECORD
KEEPING, AND REIMBURSEMENT OR REPLACEMENT IN KIND
1. THE BUNDESWEHR WILL CLEARLY IDENTIFY AND KEEP SEPARATE RECORDS
REFLECTING US ARMY AND US MARINE CORPS FUEL CONSUMPTIONS. ALL ISSUE AND
BILLING RECORDS AND DOCUMENTS PERTAINING TO THIS EXERCISE WILL BE
CLEARLY MARKED "EXERCISE STRAFFE ZUEGEL."
2. US ARMY REQUIREMENT FOR MOGAS AND DIESEL AT ISSUE POINT
HODENHAGEN:
A. THE BUNDESWEHR WILL PREPARE IN ENGLISH AND HAVE AVAILABLE AT THE
FUEL ISSUE POINT (MOGAS AND DIESEL) A FORM TO BE FILLED OUT BY EACH
DRIVER:
PRINTED NAME OF RECIPIENT OF FUEL
RANK
SSN NUMBER
ORGANIZATION/UNIT
LICENSE PLATE OR VEHICLE NUMBER
QUANTITY OF FUEL RECEIVED (KILOGRAM OR LITERS)
DATE AND SIGNATURE
B. THIS DOCUMENT WILL BE COLLECTED BY THE ISSUE POINT AND USED TO
FILL OUT, ON A DAILY BASIS, FORM BW 9-1/59 (CERTIFICATE OF SUPPLY) IN
ONE ORIGINAL AND TWO COPIES. THE US CONTACT TEAM (OIC OR NCOIC) WILL
CERTIFY ON ALL COPIES OF THE DAILY CERTIFICATES OF SUPPLY THE TOTAL OF
DAILY RECEIPTS BASED UPON DOCUMENTARY EVIDENCE PRESENTED. THE SECOND
COPY OF THE CERTIFICATES OF SUPPLY WILL BE FURNISHED DAILY TO THE US
CONTACT TEAM. THE ORIGINAL AND FIRST COPY OF THE CERTIFICATES OF
SUPPLY, PLUS THE DOCUMENT FILLED OUT BY THE DRIVER AND THE WEIGHT CARD
WILL BE COLLECTED BY BUNDESWEHR. THE BUNDESWEHR WILL, UPON TERMINATION
OF THE EXERCISE, FORWARD THROUGH BUNDESWEHR CHANNELS ITS BILL,
ACCOMPANIED BY THE ORIGINAL SIGNED COPIES OF DAILY CERTIFICATES OF
SUPPLY, THE DOCUMENTS FILLED OUT BY THE DRIVERS, AND THE WEIGHT CARDS TO
THE COMMANDER, US ARMY CENTRAL FINANCE AND ACCOUNTING OFFICE, EUROPE,
ATTN: AEUT-CFAC, APO 09403, FOR PAYMENT ACTION BY USAREUR. THE CURRENT
PRICE OF FUEL WILL BE EXCLUSIVE OF ALL TAXES FOR WHICH THE US FORCES ARE
EXEMPT. IF THE METHOD OF REPLACEMENT IN KIND IS SELECTED, GTSC,
HEIDELBERG, AND USAREUR WILL JOINTLY ESTABLISH A MUTUALLY ACCEPTABLE
PROCEDURE THEREFOR.
3. US ARMY JP-4 REQUIREMENT WITH ISSUE POINT AT CELLE:
A. THE BUNDESWEHR WILL MAKE AVAILABLE AT CELLE JP-4 TO THE US ARMY
FROM THE UNDERGROUND STORAGE FACILITY. THE ISSUE OF FUEL WILL BE
RECORDED IN A BOOK TO BE ESTABLISHED. THE BOOK WILL CONTAIN INFORMATION
AS TO:
PRINTED NAME OF RECIPIENT OF FUEL
RANK
SSN NUMBER
ORGANIZATION/UNIT
REGISTRATION NUMBER OF TANKER/TAIL NUMBER OF AIRCRAFT
QUANTITY OF FUEL RECEIVED
DATE AND SIGNATURE
UPON REQUEST BY USAREUR, THE BUNDESWEHR IS WILLING TO PROVIDE ON A
DAILY BASIS RECORDS REFLECTING THE US ARMY FUEL CONSUMPTION.
B. AT THE END OF THE EXERCISE, THE BUNDESWEHR, ON THE BASIS OF ALL
RECORDS CONTAINED IN THE BOOK, WILL ESTABLISH A SUMMARY FORM BW 9-1/59
(CERTIFICATE OF SUPPLY) IN ONE ORIGINAL AND SIX COPIES. THE AUTHORIZED
US ARMY REPRESENTATIVE WILL CERTIFY THE TOTAL CONSUMPTION ON FORM BW
9-1/59 (CERTIFICATE OF SUPPLY). THEREAFTER, THE BUNDESWEHR WILL FORWARD
THIS DOCUMENT WITH ALL SUPPORTING DOCUMENTS TO GTSC, HEIDELBERG, G-4
SECTION. GTSC, HEIDELBERG, AND USAREUR WILL COORDINATE WITH EACH OTHER
AND DECIDE WITHIN 30 DAYS ON EITHER REPLACEMENT IN KIND OR
REIMBURSEMENT. SHOULD THE DECISION BE MADE IN FAVOR OF PAYMENT, GTSC,
HEIDELBERG WILL FORWARD THE AFOREMENTIONED ORIGINAL DOCUMENTS THROUGH
BUNDESWEHR CHANNELS TO THE COMMANDER, US ARMY CENTRAL FINANCE AND
ACCOUNTING OFFICE, EUROPE, ATTN: AEUT-CFAC, APO 09403, FOR PAYMENT
ACTION TO BE EFFECTED BY USAREUR. THE CURRENT PRICE OF FUEL WILL BE
EXCLUSIVE OF ALL TAXES FOR WHICH THE US FORCES ARE EXEMPT. IF THE
METHOD OF REPLACEMENT IN KIND IS SELECTED, GTSC, HEIDELBERG AND USAREUR
WILL JOINTLY ESTABLISH A MUTUALLY ACCEPTABLE PROCEDURE THEREFOR.
4. US MARINE CORPS MOGAS AND DIESEL REQUIREMENTS WITH ISSUE POINT AT
HEERESFLUGPLATZKOMMANDANTUR 104, ROTENBURG/HANNOVER, OR WITHIN ITS
VICINITY:
A. MOGAS AND DIESEL WILL BE DISPENSED BY THE BUNDESWEHR TO THE US
MARINE CORPS BY RECORDING THE ISSUED QUANTITIES IN A BOOK TO BE
ESTABLISHED. THIS BOOK WILL CONTAIN INFORMATION AS TO:
PRINTED NAME OF RECIPIENT OF FUEL
RANK
SSN NUMBER
ORGANIZATION/UNIT
LICENSE PLATE OR VEHICLE NUMBER
QUANTITY OF FUEL RECEIVED
DATE AND SIGNATURE UPON REQUEST, THE BUNDESWEHR IS WILLING TO
PROVIDE, ON A DAILY BASIS, RECORDS REFLECTING THE US MARINE CORPS GROUND
FUEL CONSUMPTION.
B. AT THE END OF THE EXERCISE, THE BUNDESWEHR, ON THE BASIS OF ALL
RECORDS CONTAINED IN THE BOOK, WILL ESTABLISH A SUMMARY FORM BW 91-/59
(CERTIFICATE OF SUPPLY) IN ONE ORIGINAL AND SIX COPIES. THE AUTHORIZED
US MARINE CORPS REPRESENTATIVE WILL CERTIFY THE TOTAL CONSUMPTION ON
FORM BW 9-1/59 (CERTIFICATE OF SUPPLY). THEREAFTER, THE BUNDESWEHR WILL
FORWARD THIS DOCUMENT WITH ALL SUPPORTING DOCUMENTS THROUGH BUNDESWEHR
CHANNELS TO THE COMMANDER, US ARMY CENTRAL FINANCE AND ACCOUNTING
OFFICE, EUROPE, ATTN: AEUT-CFAC, APO 09403, FOR PAYMENT ACTION BY
USAREUR. THE CURRENT PRICE FOR FUEL WILL BE EXCLUSIVE OF ALL TAXES FOR
WHICH THE US FORCES ARE EXEMPT. IF THE METHOD OF REPLACEMENT IN KIND IS
SELECTED, GTSC, HEIDELBERG AND USAREUR WILL JOINTLY ESTABLISH A MUTUALLY
ACCEPTABLE PROCEDURE THEREFOR.
5. US MARINE CORPS JP-4 REQUIREMENT WILL ISSUE POINT AT
HEERESFLUGPLATZKOMMANTUR 104, ROTENBURG/HANNOVER:
A. JP-4 WILL BE DELIVERED IN RAILCAR CONTAINERS BY THE BUNDESWEHR TO
THE RAILSIDING LOCATED AT ROTENBURG AIR BASE. THE BUNDESWEHR WILL TAKE
APPROPRIATE MEASURES TO ASSURE SAFETY AND SECURITY OF LOADED RAILCAR
CONTAINERS IN ACCORDANCE WITH BUNDESWEHR REGULATIONS. UPON ARRIVAL OF
THE LOADED RAILCAR CONTAINERS AT ROTENBURG AIR BASE, THE BUNDESWEHR WILL
BREAK THE SEALS OF THE CONTAINERS, OPEN THEM AND ASSURE THAT THE
CONTAINERS ARE FULLY LOADED; (SHOULD A CONTAINER FOUND TO BE NOT FULL,
THE RESPECTIVE QUANTITY WILL BE DETERMINED BY A MEASURING PROCEDURE).
THEREAFTER, THE BUNDESWEHR WILL TAKE SAMPLES OF THE CONTENTS OF EACH
CONTAINER AND HAVE THEM ANALYZED IN ACCORDANCE WITH BUNDESWEHR STANDARDS
AND PROCEDURES.
B. THE BUNDESWEHR WILL PUMP THE FUEL FROM THE RAILCAR CONTAINERS INTO
TANK TRUCKS. FILLING OF THE US MARINE CORPS HELICOPTERS WILL BE
EFFECTED FROM THESE TANK TRUCKS, WHICH ARE EQUIPPED WITH GAUGED METERS,
INDICATING EXACTLY THE QUANTITIES OF FUEL DISPENSED TO THE US MARINE
CORPS HELICOPTERS.
C. THE BUNDESWEHR WILL PREPARE IN ENGLISH AND HAVE AVAILABLE AT THE
FUEL ISSUE POINT A FORM TO BE FILLED OUT BY EACH DRIVER:
PRINTED NAME OF RECIPIENT OF FUEL
RANK
SSN NUMBER
ORGANIZATION/UNIT
LICENSE PLATE OR VEHICLE NUMBER
QUANTITY OF FUEL RECEIVED
DATE AND SIGNATURE
D. THE ISSUE OF FUEL WILL BE RECORDED IN A BOOK TO BE ESTABLISHED.
THE BOOK WILL CONTAIN INFORMATION AS TO:
PRINTED NAME OF RECIPIENT OF FUEL
RANK
SSN NUMBER
ORGANIZATION/UNIT
QUANTITY OF FUEL RECEIVED
DATE AND SIGNATURE
UPON REQUEST, THE BUNDESWEHR IS WILLING TO PROVIDE ON A DAILY BASIS
RECORDS REFLECTING THE US MARINE CORPS FUEL CONSUMPTION.
E. AT THE END OF THE EXERCISE, THE BUNDESWEHR, ON THE BASIS OF ALL
RECORDS CONTAINED IN THE BOOK AND ON THE SUPPORTING DOCUMENTS, WILL
ESTABLISH A SUMMARY FORM BW 9-1/59 (CERTIFICATE OF SUPPLY) IN ONE
ORIGINAL AND SIX COPIES. THE AUTHORIZED US MARINE CORPS REPRESENTATIVES
WILL CERTIFY THE TOTAL CONSUMPTION ON FORM BW 9-1/59 (CERTIFICATE OF
SUPPLY). THEREAFTER, THE BUNDESWEHR WILL FORWARD THIS DOCUMENT WITH ALL
SUPPORTING DOCUMENTS TO GTSC, HEIDELBERG. GTSC, HEIDELBERG AND USAREUR
WILL WITHIN 30 DAYS DECIDE ON EITHER REPLACEMENT IN KIND OR PAYMENT.
SHOULD THE DECISION BE MADE IN FAVOR OF PAYMENT, GTSC, HEIDELBERG WILL
SUBMIT THE AFOREMENTIONED DOCUMENT ALL SUPPORTING DOCUMENTS THROUGH
BUNDESWEHR CHANNELS TO THE COMMANDER, US ARMY CENTRAL FINANCE AND
ACCOUNTING OFFICE, EUROPE, ATTN: AEUT-CFAC, APO 09403, FOR PAYMENT
ACTION BY USAREUR. THE CURRENT FUEL PRICE WILL BE EXCLUSIVE OF ALL
TAXES FOR WHICH THE US FORCES ARE EXEMPT. IF THE METHOD OF REPLACEMENT
IN KIND IS SELECTED, GTSC, HEIDELBERG AND USAREUR WILL JOINTLY ESTABLISH
A MUTUALLY ACCEPTABLE PROCEDURE THEREFOR.
5. EFFECTIVE DATE, LANGUAGE, AMENDMENT, DURATION OF AGREEMENT
A. THIS AGREEMENT BECOMES EFFECTIVE UPON SIGNATURE BY BOTH PARTIES
THERETO.
B. THE AGREEMENT IS MADE IN GERMAN AND ENGLISH. BOTH TEXTS ARE
EQUALLY BINDING.
C. THIS AGREEMENT CAN BE AMENDED BY MUTUAL CONSENT OF THE AGREEMENT
PARTIES. IN ORDER TO BECOME EFFECTIVE, AMENDMENTS MUST BE MADE IN
WRITING AND HAVE TO BE SIGNED BY THE PARTIES TO THE AGREEMENT.
D. ANY PROBLEMS, WHICH CANNOT BE RESOLVED ON THE LOCAL LEVEL, WILL BE
REFERRED THROUGH BUNDESWEHR AND US CHANNELS TO GTSC, HEIDELBERG AND
USAREUR FOR SOLUTION.
E. THIS AGREEMENT REMAINS VALID FOR EXERCISE "STRAFFE ZUEGEL" AND
UNTIL REIMBURSEMENT OR REPLACEMENT IN KIND FOR FUEL HAS BEEN EFFECTED.
FOR THE COMMANDER:
FOR THE COMMANDER IN CHIEF,
UNITED STATES ARMY, EUROPE
AND SEVENTH ARMY
W. I. BRENT 24 SEP 1975
LTC, GS
ACTING CHIEF, P&O DIV
DCSLOG, USAREUR
GERMANY, FEDERAL REPUBLIC OF 14 MAY 1976 FLITE DOCUMENT NO. 7900030
AGREEMENT EXECUTED 7 MAY AND 14 MAY 1976.
AGREEMENT TO CONTINUE THE SOIL EROSION CONTROL PLAN WHICH STARTED IN
1965 AND ENDED ON 30 SEPTEMBER 1973, TO FACILITATE AND INITIATE NEW
MEASURES IN ORDER TO ELIMINATE AND AVOID EROSION AT GRAFENWOENR MAJOR
TRAINING AREA. THE PRESERVATION MEASURES ARE TO BE CONTINUED UNTIL 30
SEPTEMBER 1979 BASED ON THE SIX YEAR SOIL EROSION CONTROL PLAN DEVELOPED
BY THE FORESTRY OFFICE FOR GRAFENWOEHR.
CONTINUATION OF CONSERVATION OF THE GRAFENWOEHR MAJOR TRAINING
THE COMMANDER IN CHIEF, UNITED STATES ARMY, EUROPE AND SEVENTH ARMY ON
BEHALF OF THE US FORCES IN GERMANY ON ONE HAD
THE FEDERAL MINISTER OF FINANCE OF THE FEDERAL REPUBLIC OF GERMANY ON
THE OTHER HAND ENTER INTO THE FOLLOWING AGREEMENTS IN ORDER TO CONTINUE
THE EFFORTS TOWARDS ELIMINATION AND CONTROL OF EROSION AT GRAFENWOEHR
MAJOR TRAINING AREA.
PURPOSE OF THIS AGREEMENT IS TO CONTINUE THE SOIL EROSION CONTROL
PLAN WHICH STARTED IN 1965 AND ENDED ON 30 SEPTEMBER 1973, TO FACILITATE
AND INITIATE NEW MEASURES IN ORDER TO ELIMINATE AND AVOID EROSION AT
GRAFENWOEHR MAJOR TRAINING AREA. THESE MEASURES ARE INTENDED TO SUPPORT
THE MILITARY FUNCTIONS OF THE MAJOR TRAINING AREA, TO PRESERVE IT FOR
THESE FUNCTIONS, AND TO RENDER IT POSSIBLY MORE SUITABLE FOR THIS
PURPOSE. THEY ARE ALSO INTENDED TO COUNTERACT HARMFUL EFFECTS OF
EROSION ON THE SURROUNDING LANDSCAPE: MILITARY MISSIONS TAKE PRECEDENCE
OVER THE SOIL EROSION CONTROL PLAN.
THE AGREEMENT PARTIES AGREE TO CONTRIBUTE JOINTLY TO THE PRESERVATION
OF THE MAJOR TRAINING AREA, AND WILL PREPARE YEARLY A SOIL EROSION
CONTROL PLAN USING THE INCLOSED SIX YEAR SOIL EROSION CONTROL PLAN AS A
GENERAL GUIDE. THIS YEARLY PLAN WILL BE COMPOSED OF QUANTITY, COSTS PER
UNIT, AREAS TO BE WORKED ON, AND TYPE OF WORK TO BE ACCOMPLISHED BY EACH
SIDE. THE PRESERVATION MEASURES WHICH STARTED IN 1965 AND WERE
CONTINUED UNTIL 30 SEPTEMBER 1973, ARE TO BE CONTINUED UNTIL 30
SEPTEMBER 1979 BASED ON THE SIX YEAR SOIL EROSION CONTROL PLAN DEVELOPED
BY THE FORESTRY OFFICE FOR GRAFENWOEHR. EACH PARTY TO THIS AGREEMENT
MAY DENOUNCE THE AGREEMENT BY GIVING ONE YEAR'S PREVIOUS NOTICE;
OTHERWISE, THE AGREEMENT WILL AUTOMATICALLY CONTINUE IN EFFECT
INDEFINITELY OR UNTIL IT IS DENOUNCED BY ONE OF THE PARTIES SUBJECT TO
ONE YEAR'S NOTICE.
THE MEASURES EARMARKED IN THE SOIL EROSION CONTROL PLAN WILL BE
DISTRIBUTED EVENLY DURING SIX FORESTRY YEARS (1 OCTOBER-- 30 SEPTEMBER).
THE PARTIES TO THE AGREEMENT WILL PREPARE JOINTLY A NEW SIX YEAR SOIL
EROSION CONTROL PLAN AT THE LATEST IN FORESTRY YEAR 1978/79 (MEASURES
AND SHARING OF COSTS) IF THE AGREEMENT IS STILL IN EFFECT.
A. THE COSTS OF MEASURES PROVIDED FOR IN THE SOIL EROSION CONTROL
PLAN WILL BE EQUALLY SHARED BY BOTH PARTIES TO THE AGREEMENT. THEY WILL
BE RENDERED IN FORM OF MONEY/MATERIAL/AND OR EQUIPMENT CONTRIBUTION BY
BOTH PARTIES AND SHALL CORRESPOND TO ONE SIXTH ANNUALLY OF THE TOTAL SIX
YEAR PROGRAM.
B. THIS AGREEMENT DOES NOT OBLIGATE US FORCES' FUNDS, AND IS NOT A
PAYMENT DOCUMENT. THE US FORCES' EFFORTS DESCRIBED IN THIS AGREEMENT
WILL BE RENDERED THROUGH A US FORCES' CONTRACTING OFFICER.
THE FEDERAL FORESTRY OFFICE, GRAFENWOEHR, IN COORDINATION WITH
SEVENTH ARMY TRAINING CENTER ENGINEER WILL PREPARE A SOIL EROSION
CONTROL PLAN BY 31 JULY OF EACH YEAR FOR WORK WHICH WILL BE SCHEDULED
FOR COMPLETION DURING THE FOLLOWING MTA CONSTRUCTION YEAR (NORMALLY 1
MAY THROUGH 30 SEPTEMBER). WORK FROM THE PREVIOUS YEAR'S PLAN WHICH WAS
NOT COMPLETED BECAUSE OF WEATHER CONDITIONS, OR FIRING OPERATION OF THE
TRAINING FORCES WILL BE RECONSIDERED AT THIS TIME.
THE FEDERAL FORESTRY OFFICE, GRAFENWOEHR, AND 7ATC ENGINEER WILL
PREPARE BY 1 NOVEMBER OF EACH YEAR A LIST OF PROJECTS COMPLETED AS OF 30
SEPTEMBER BY EACH PARTY TO THE AGREEMENT DURING THE PREVIOUS YEAR.
A. IF CIRCUMSTANCES (ACTS OF GOD) OCCUR WHICH TEMPORARILY PREVENT,
DELAY, OR OTHERWISE ESSENTIALLY INFLUENCE THE ACCOMPLISHMENT OF THE SOIL
EROSION CONTROL PLAN, THE AGREEMENT PARTIES WILL DISCUSS THE REQUIRED
MEASURES.
B. IF THE ABOVE MENTIONED DELAY OCCURS ON ACCOUNT OF ONE AGREEMENT
PARTY'S FAULT, THE PARTY IN DEFAULT WILL BE RESPONSIBILE FOR COMPLETION
OF THE PLANNED SOIL CONTROL MEASURES AS SOON AS POSSIBLE, BUT NOT LATER
THAN THE FOLLOWING MTA CONSTRUCTION YEAR.
THIS AGREEMENT BECOMES EFFECTIVE UPON SIGNATURE BY BOTH PARTIES
THERETO.
BONN, 7 MAY 1976
FOR THE FEDERAL MINISTER OF FINANCE (SIGNATURE OMITTED)
HEIDELBERG, 14 MAY 1976
FOR THE COMMANDER IN CHIEF
UNITED STATES ARMY, EUROPE
AND SEVENTH ARMY
GENE F. WILSON
COL, GS
C, P&O DIV
PROJECTS: HECTARES
A. AREA M:
CONTINUATION OF THE PLANTING OF GRASS IN SECTIONS UP TO 20 PERCENT OF
THE AREA TO PREVENT FURTHER EROSIONS.
1. NORTH OF THE ROETHENBACH-- TOTAL DIMENSIONS OF THE AREA SUBJECT
TO EROSION APPROXIMATELY 500 HECTARES OF WHICH STILL COVERED BY TREES OR
PLANTED BY GRASS DURING THE LAST RESTORATION PERIOD: 85 HECTARES;
PLANNED: 15 HECTARES; IN SECTION OF 0.5 HECTARES EACH HECTARES 15.
2. SOUTH OF ROETHENBACK-- TOTAL DIMENSIONS OF THE AREA SUBJECT TO
EROSION APPROXIMATELY 250 HECTARES OF WHICH STILL COVERED BY TREES
AND/OR PLANTED ALONG THE EDGES-- APPROX 37 HECTARES; PLANNED: 13
HECTARES; IN SECTIONS OF 0.5 HECTARES EACH HECTARES 13.
B. AREA E
PRECAUTIONARY MEASURES AGAINST EROSION NORTH OF FIRING POINT 131.
REFORESTATION OF TWO SECTIONS OF 0.5 HECTARES EACH-- IN POSITION AREA
27: REFORESTATION OF SIX SECTIONS OF 0.5 HECTARES EACH; TOTAL OF FOUR
HECTARES HECTARES 4.
C AREA A:
AS ABOVE.
CONTINUATION OF REFORESTATIONS BY 50 SECTIONS OF 0.5 HECTARES EACH
HECTARES 25.
D. REFORESTATIONS OF TANK TRAIL EDGES:
IN ORDER TO OBTAIN A ROAD BORDER AS WELL AS A VISION AND DUST
PROTECTION. REFORESTATION OF EDGES OF THE TANK TRAILS IN A STRIP OF
30X60 METERS; AFTER 60 METERS INTERRUPTED BY AN APPROXIMATELY 40 METER
WIDE STRIP OVER A TOTAL OF 22 KILOMETERS OF TANK TRAIL, WHICH COMES TO
APPROXIMATELY 2O HECTARES HECTARES 39.6.
E. AREA WEST OF SCHLATTERWEIHER
REFORESTATION OF FOREST AREAS SUBJECT TO FOREST FIRES IN ORDER TO
STOP THE BEING OF EROSION. REFORESTATION WITH ALDER HECTARES 20.
F. FERTILIZING, IMPROVEMENT AND NURSING-- PROTECTION OF SEEDLING
AREAS
PROJECTS: A. AREA M:
BLOCKING OF THE LARGEST DITCHES, CAUSED BY EROSION, OVER A LENGTH OF
2,500 METERS, IN ORDER TO PREVENT FURTHER EROSION AND TO FAVOR A NATURAL
FILLING OF THE DITCHES. RUNNING METER 2,500.
PROJECTS: B. AREA E:
BLOCKING OF 450 METERS OF DITCHES, CAUSED BY EROSION, AS DESCRIBED ,
ABOVE. RUNNING METER 450.
PLANNING 1. AREA M:
PREPARATION OF SMALL STEPS FROM COARSE ROCK IN ORDER TO DECREASE THE
SPEED OF DRAINING OFF WATER. RUNNING METER 2,500
AT EVERY 30 TO 50 METERS INSTALLATION OF STEPS MADE FROM ROUND LOGS
WHICH WILL BE DEEPLY SECURED IN THE SHORE. BEFORE THE STEP, STAKES WILL
BE DRIVEN INTO THE DITCH BED OVER ITS ENTIRE WIDTH. ROCKS WILL BE
INSERTED BEHIND THE STAKES TO PREVENT THE FORMING OF DEEP HOLES.
REINFORCING OF SHORE AND DITCH BED WITH FASCINES OF WILLOW SEEDLINGS,
SOWING OF LUPINE AND MIXED CLOVER SEEDS.
COSTS FOR: INSTALLATION OF APPROX 60 STEPS, MADE OF ROUND LOGS,
INCLUSIVE PROCUREMENT OF MATERIAL (60 CBM), PLUS SOCIAL CONTRIBUTIONS
WITHOUT CHARGING FOR TIMBER. HAULING WITH FORESTRY OWNED VEHICLE.
PROCUREMENT AND INSERTING OF WILLOW SEEDLINGS TO REINFORCE DITCHES
CAUSED BY EROSION. COSTS PER RUNNING METER DM30.00 TOTAL 75,000.00
HAULING OF 800 CBM OF UNSORTED ROCK MATERIAL, AS COARSE AS POSSIBLE,
FROM US ROCK QUARRIES WITH US TRUCKS. VEHICLE HOURS: 290 US EFFORT VEH
HRS 290.
PLANNING 2. AREA E:
BLOCKING OF DITCHES CAUSED BY EROSION AS DESCRIBED FOR AREA M M, IN A
LENGTH OF 450 METERS. HAULING OF 200 CBM OF ROCK MATERIAL WITH US
TRUCKS. HOURS: 40 RUNNING METER 450 COSTS PER RUNNING METER $30.00
TOTAL 13,500.00 US EFFORT VEH HRS 40.
PROJECTS: A. AREA OF ROETHELWEIHER:
SUBDIVIDING OF THE APPROXIMATELY 300 HECTARE LARGE AREA WHICH IS MORE
OR LESS A SWAMP AREA, IN ORDER TO PROVIDE ACCESS FOR WHEELED VEHICLES
(FIRE PROTECTION).
1. REPAIR OF THE LANE PART OF WHICH STILL EXISTS, AND WHICH RUNS
ALONG THE NORTH-WESTERN EDGE OF THE FOREST SECTION "SCHWARZER BODEN"
BETWEEN THE RANGES 4 AND 38 OVER A LENGTH OF TWO KILOMETERS. BESIDES
THE PURPOSE OF MAKING THE AREA ACCESSIBLE, THE LANE WILL ALSO SERVE AS A
FIRE BREAK (COORDINATES 087044 TO 075056). RUNNING METER 2,000
2. REPAIR OF THE OLD LANE BETWEEN THE FIRING POINT 473 AND THE
SECTION "SCHWARZER BODEN" OVER A LENGTH OF 1.9 KILOMETERS. THE LANE
SHALL SERVE THE PURPOSE OF MAKING THE AREA ACCESSIBLE AND AS A FIRE
BREAK (COORDINATES 0610435 TO 075056). RUNNING METER 1,900
3. REPAIR OF THE 1.1 KILOMETER LONG LANE. THE LANE SERVES THE SAME
PURPOSES AS THE LANES MENTIONED UNDER A1 AND A2 (COORDINATES 0935057 TO
084051). RUNNING METER 1,100.
PROJECTS: B. AREA E:
REPAIR OF FIVE LANES ON A TOTAL LENGTH OF 4 KM IN ORDER TO LIMIT THE
EXTENT TO WHICH TRACKED VEHICLES (HEAVY ARTILLERY) HAVE TO USE THE
SURFACES EXPOSED TO EROSION. OLD FIELD LANES WERE SELECTED TO PROVIDE
CONNECTION BETWEEN THE TANK TRAIL AND THE FIRING POINTS. RUNNING METERS
4,000
025-042 TO 0255-0485 0205-0495 TO 018-0575 0075-0525 TO 0115-060
017-066 TO 021-0695 011-0665
TO 014-073
PROJECTS: C. AREA E AND A:
CONSTRUCTION OF 22 CROSSINGS AND ACCESS ROADS FROM THE TANK TRAILS
INTO THE TERRAIN (ARTILLERY FIRING POSITIONS) IN ORDER TO LIMIT THE USE
OF TANK TRAIL DITCHES AND THE TERRAIN. AT THE SAME TIME, THE ROADS WILL
SERVE THE PURPOSE OF ALLOWING LUMPS OF MUD TO DROP FROM THE TRACKS OF
VEHICLES BEFORE THE LATTER RE-ENTER THE TANK TRAIL. RUNNING METER 1,100
PROJECTS: D. TRAINING AREA 3
REPAIR OF AN ONE KILOMETER LONG FIELD LANE SOUTH OF THE FORMER
VILLAGE DORNBACK TO SERVE AS A CONNECTING ROAD FROM THE TANK TRAIL TO
THE FIRING POINTS 3 AND 14. THE LANE SERVES TO REDUCE EXPOSURE OF THE
TERRAIN. RUNNING METER 1,000
PROJECTS: E. FOREST ROAD NET
CONTINUOUS REPAIR WORK ON THE FORESTRY ROAD NET.
PROJECTS:
A. FIRE BREAKS
1. FIRE BREAKS IN THE TARGET AREAS OF THE RANGES IN ORDER TO KEEP
AREA FIRES (SETTING FIRE TO GRASS AND HEATHER) AS SMALL AS POSSIBLE SO
THAT FIRING ACTIVITIES DO NOT HAVE TO BE INTERRUPTED OVER A LONGER
PERIOD OF TIME.
2. FIRE BREAKS TO SAFEGUARD FOREST AREAS AND FOR THE REFORESTATION
OF FOREST AREAS WHICH HAD BEEN SUBJECT TO FOREST FIRE.
B. TARGET BUTTS
1. TARGET BUTTS WHICH COLLECT THE GREATEST PORTION OF INCENDIARY
AMMUNITION, SO THAT FIRING ACTIVITIES DO NOT HAVE TO BE INTERRUPTED FOR
NECESSARY FIRE FIGHTING WORKS.
2. TARGET BUTTS TO SAVE FOREST AREAS FROM FOREST FIRES AND FROM
AMMUNITION DESTROYING THE FOREST, AS WELL AS FOR THE REFORESTATION OF
FOREST AREAS WHICH HAD BEEN SUBJECT TO FOREST FIRES.
C. RECONSTRUCTION OF MOVING TARGET FACILITIES
THE STRUCTURE OF THE EXISTING TARGET FACILITIES FOR MOVING TARGETS
VERY MUCH OBSTRUCTS OR INTERFERES WITH THE ERECTION OF A TARGET BUTT.
AS A RULE, THE TRAJECTORY OF BULLETS FORMS A SHARP ANGLE WITH RESPECT TO
THE GROUND. A RECONSTRUCTION-- EVENTUALLY SIMILAR TO THE TARGET
FACILITIES OF THE BUNDESWEHR-- WITH A RESPECTIVE TARGET BUTT WOULD FAR
LESS ENDANGER THE AREA, LOCATED BEHIND THE TARGET. THE MATERIAL
NECESSARY FOR THE RECONSTRUCTION CANNOT BE ASCERTAINED BY THE FORESTRY
OFFICE SINCE THIS IS A PURELY MILITARY CONSTRUCTION MEASURE.
SINCE THE US FORCES EXCLUSIVELY CONTRIBUTE TO THIS PROGRAM BY
ASSIGNING MACHINERY AND LABOR, I AM OF THE OPINION THAT THE
RECONSTRUCTION COULD BE REALIZED IF THE FEDERAL GOVERNMENT WOULD TAKE
OVER THE COSTS FOR THE MATERIAL. THE US FORCES HAVE SUGGESTED TO BRING
UP THIS COMPLEX OF QUESTIONS AT THE NEXT COMMITTEE MEETING.
PLANNING:
A1) FIRE BREAKS IN THE TARGET AREAS OF THE RANGES. THE MAINTENANCE
OF THE FIRE BREAKS IN THE TARGET AREAS WILL BE MADE IN CONNECTION WITH
THE RANGE MAINTENANCE WITHOUT CHARGING THE EXPENSE AGAINST THE
RESTORATION PROGRAM.
A2) FIRE BREAKS TO PREVENT FIRE IN THE FOREST AND FOR THE
REFORESTATION OF FOREST AREAS WHICH HAD BEEN SUBJECT TO FOREST FIRE.
THE MAINTENANCE OF THE APPROX. 160 KM LONG NET OF FIRE BREAKS WITH
BULLDOZERS AND GRADERS REQUIRES A YEARLY RECONDITIONING OF 50% OF THE
BREAKS. DEPENDING ON THE NECESSITY A YEARLY CONSTRUCTION OF 2-3 KM OF
NEW FIRE BREAKS IS REQUIRED. FOR THE MAINTENANCE OF 480 KM OF FIRE
BREAKS AND THE CONSTRUCTION OF 15 KM OF NEW FIRE BREAKS, A TOTAL OF 540
BULLDOZER HOURS AND 540 GRADER HOURS ARE NECESSARY. US EFFORTS
BULLDOZER HRS 540 GRADER HRS 540
B1) TARGET BUTTS THE CONSTRUCTION AND MAINTENANCE OF DAMS WILL BE
MADE IN CONNECTION WITH THE RANGE MAINTENANCE WITHOUT CHARGING IT
AGAINST THE RESTORATION PROGRAM.
B2) BUILDING OF DAMS BEHIND THE TARGETS AT EACH RANGE TO A HIGHT OF
APPROX. 3M ABOVE TARGET LEVEL.
BULLDOZER HOURS, PARTIAL INSTALLING OF TARGETS INTO THE SLOPE, A
TOTAL OF 1225 HRS. US EFFORTS BULLDOZER HRS 1225
PROJECTS
A. FILLING OF CRATERS RESULTING FROM IMPACTS IN THE OLD IMPACT AREA
FOR HONEST JOHN ROCKETS IN AREA B.
B. CONSTRUCTION OF TWO PONDS SERVING AS SAND TRAPS, TO BE LOCATED
BEHIND EACH OTHER, IN ORDER TO HOLD BACK DEPOSITS BEFORE REACHING THE
BOUNDARY. AT THE SAME TIME CONSTRUCTION OF A DITCH ALONG THE ROAD
LEADING FROM THE FORMER VILLAGE DORNBACH TO AUERBACH, TO CONTROL THE
WATER COMING FROM THE WELL AREA AND THE DRAINAGE WATER.
C. REPAIR OF A DAM IN AREA E AND CONSTRUCTION OF A SECOND DAM
APPROXIMATELY 300 METERS BELOW, IN ORDER TO WITHHOLD DEPOSITS. (TABLE
OMITTED)
PLANNING:
A1 REFORESTATION OF APPROXIMATELY 15 HECTARES IN 30 SECTIONS (70X70
METERS = 0.5 HECTARES) WITH PINE 1.1 IN FORMATION 1.5X0.5 METERS AND
ALDER 1.1 IN FORMATION 2.5 METERS.
PLANTS REQUIRED PER HECTARE: 13,333 PINE 1+1 AND 1,000 ALDER 1.1
FEDERAL FORESTRY OFFICE PINE IN 1000S 200 ALDER IN 1000S 15
PROTECTION OF SECTIONS BY AN ENCLOSURE CONSISTING OF PARTIALLY MARKED
STAKES (DISTANCE BETWEEN STAKES = 4 METERS). TOTAL LENGTH OF 8,400
METERS REQUIRES 2,100 STAKES. FEDERAL FORESTRY OFFICE STAKES EACH 2,100
SOWING OF LUPINE IN AN AREA OF ONE HECTARE EACH AROUND THREE BLASTED
BUNKERS. COSTS FOR PURCHASE OF A TOTAL OF 150 KG OF PERMANENT LUPINE,
HARROWING, SOWING AND ONCE MORE HARROWING OF THREE HECTARES INCLUSIVE
SOCIAL INSURANCE FEDERAL FORESTRY OFFICE LUPINE SEEDS DM 1,500.00
A2 REFORESTATION OF APPROXIMATELY 13 HECTARES IN 26 SECTIONS (70X70
METERS = APPROX 0.5 HECTARES) WITH PINE 1.1 IN FORMATION 1.5X0.5 METERS
AND ALDER 1.1 IN FORMATION 2X5 METERS. FEDERAL FORESTRY OFFICE PINE IN
1000S 173
PLANTS REQUIRED PER HECTARE: 13,333 PINE 1+1 AND 1,000 ALDER 1+1
FEDERAL FORESTRY OFFICE ALDER IN 1000S 13
PROTECTION OF SECTIONS BY AN ENCLOSURE CONSISTING OF PARTIALLY MARKED
STAKES (DISTANCE BETWEEN STAKES = 4 METERS). TOTAL LENGTH OF 7,280
METERS REQUIRES 1,820 STAKES. FEDERAL FORESTRY OFFICE STAKES EACH
1,820.
B REFORESTATION OF FOUR HECTARES IN EIGHT SECTIONS (70X70 METERS =
APPROX. 0.5 HECTARES) WITH PINE 1.1 IN FORMATION 1.5X05 METERS AND ALDER
1.1 IN FORMATION 2X5 METERS.
PLANTS REQUIRED PER HECTARE: 13,333 PINE 1+1 AND 1,000 ALDER 1+1
FEDERAL FORESTRY OFFICE PINE IN 1000S 53 ALDER IN 1000S 4
PROTECTION OF SECTIONS BY AN ENCLOSURE CONSISTING OF PARTIALLY MARKED
STAKES (DISTANCE BETWEEN STAKES-- 4 METERS). TOTAL LENGTH OF 2.240
METERS REQUIRES 558 STAKES. FEDERAL FORESTRY OFFICE STAKES EACH 558
C REFORESTATION OF 25 HECTARES IN 50 SECTIONS (70X70 METERS = APPROX
0.5 HECTARES) WITH PINE 1.1 IN FORMATION 1.5X0.5 METERS AND ALDER 1.1 IN
FORMATION 2X5 METERS. FEDERAL FORESTRY OFFICE PINE IN 1000S 333 ALDER
IN 1000S 25 PLANTS REQUIRED PER HECTARE: 13,333 PINE 1.1, AND 1,000
ALDER 1.1
PROTECTION OF SECTIONS BY AN ENCLOSURE CONSISTING OF PARTIALLY MARKED
STAKES (DISTANCE BETWEEN STAKES-- 4 METERS). TOTAL LENGTH OF 14,000
METERS REQUIRES 3,500 STAKES. FEDERAL FORESTRY OFFICE STAKES EACH 3,500
D REFORESTATION OF 220 STRIPS, EACH 60 METERS LONG AND 30 METERS WIDE
WITH FREE STRIPS, EACH 40 METERS WIDE, ALONG THE TANK TRAILS.
REFORESTATION BY ALDER 1.1 IN FORMATION 2X2 METERS; ROWS TO BE
STAGGERED. PLANTS REQUIRED PER HECTARE: 2,500. THE REFORESTATION
FOLLOWS THE TANK TRAILS ON ONE SIDE IN A LENGTH OF 22 KILOMETERS. THE
AREA SUBJECT TO REFORESTATION AMOUNTS TO 39.6 HECTARES. FEDERAL
FORESTRY OFFICE ALDER IN 1000S 99
PROTECTION OF SECTIONS BY AN ENCLOSURE CONSISTING OF PARTIALLY MARKED
STAKES (DISTANCE BETWEEN STAKES-- 4 METERS). TOTAL LENGTH OF 39,600
REQUIRES 9,900 STAKES. SLIGHT SCRAPING OF THE GRASS COVER BY US
BULLDOZER-- PER HECTARE: 2 HOURS US EFFORTS BULLDOZER HOURS 80
E REFORESTATION OF SECTIONS IN A TOTAL OF 20 HECTARES BY ALDER 1+1 IN
FORMATION 2X2 METERS. PLANTS REQUIRED PER HECTARE: 2,500 FEDERAL
FORESTRY OFFICE ALDER IN 1000S 50
COST EVALUATION
COST EVALUATION
1. PURCHASE PER 1,000 PINE 1+1 = 55.00 DM
2. PURCHASE PER 1,000 ALDER 1+1 220.00
3. PLANTING OF PINE 1+1 PER 1,000 200.00
4. COSTS PER STAKE:
A. VALUE OF LUMBER: NO COSTS CHARGED
B. PROCUREMENT OF EACH STAKE INCLUSIVE SOCIAL CONTRIBUTIONS DM2.00 AT
DM3.50
C. DIGGING OF HOLES, HAULING AND ERECTION, AS WELL AS MARKING =
DM1,50
COSTS: PURCHASE OF 759,000 PINE TREES 1+1 41,745.00 DM
F FERTILIZING OF SEEDLING AREAS IN THE SECOND YEAR BY 200 KILOGRAMS
OF FERTILIZER PER HECTARE. COSTS FOR PURCHASE AND SPREADING BY UNIMOG
PER HECTARE: DM 200.00. A TOTAL OF 116.6 HECTARES - DM 23,320,00
FOR REPAIR AND PROTECTION AGAINST GAME, THE FORESTRY OFFICE, FROM
EXPERIENCE, CHARGES AN ADDITIONAL 10 PER CENT OF THE SEEDLING COSTS: 10
PER CENT OF DM 280,065.00 - 28,007.00
(CHART OMITTED)
FRANCE 13 JUN 1966 FLITE DOCUMENT NO. 7900029
MEMORANDUM OF UNDERSTANDING EXECUTED 13 JUNE 1966.
AMENDMENT NO. 1 EXECUTED 30 JUNE 1967; EFFECTIVE 13 JUNE 1967.
AGREEMENT TO DEFINE THE CLASS III SERVICES AND FACILITIES TO BE
PROVIDED BY THE US ARMY, SPECIFICALLY THE 95TH SUPPLY AND SERVICE
BATTALION, TO THE FRENCH FORCES TRAINING IN THE GRAFENWOEHR TRAINING
AREA.
1. REFERENCE: CONFERENCE CONCERNING PETROLEUM SUPPLY SUPPORT, HELD
IN MUNICH, GERMANY, 4 FEBRUARY 1966, BETWEEN REPRESENTATIVES OF THE
UNITED STATES ARMY AND THE FRENCH FORCES IN GERMANY. KEY
REPRESENTATIVES PRESENT WERE AS FOLLOWS:
LT COLONEL CLISE, HEADQUARTERS, USAREUR
MAJOR RENARD, FRENCH FORCES IN GERMANY
CAPTAIN FRYE, HEADQUARTERS, SEVENTH ARMY
LT COLONEL BLYTH, HEADQUARTERS, SEVENTH ARMY SUPPORT COMMAND
MR. LEVY, HEADQUARTERS, USAACOM
2. OBJECTIVE. THE OBJECTIVE OF THIS MEMORANDUM IS:
A. TO DEFINE THE CLASS III SERVICES AND FACILITIES TO BE PROVIDED BY
THE US ARMY, SPECIFICALLY THE 95TH SUPPLY AND SERVICE BATTALION, TO THE
FRENCH FORCES TRAINING IN THE GRAFENWOEHR TRAINING AREA.
B. TO ESTABLISH THE PROCEDURES AND METHODS OF OPERATION BY WHICH
FRENCH FORCES WILL BE PERMITTED TO POSITION AND DISPENSE BULK FUEL FROM
RAILWAY TANKCARS IN THE CLASS III SUPPLY POINT, SEVENTH ARMY TRAINING
CENTER, GRAFENWOEHR.
3. DEFINITION. FOR THE PURPOSE OF THIS MEMORANDUM, THE FOLLOWING
DEFINITIONS APPLY:
A. US ARMY: SEVENTH ARMY.
B. FRENCH FORCES: FRENCH FORCES IN GERMANY.
4. THE US ARMY AGREES TO:
A. PROVIDE A RAILROAD SIDING WITHIN THE GRAFENWOEHR CLASS III SUPPLY
POINT FOR THE POSITIONING OF TWO (2) FRENCH RAILWAY TANKCARS.
B. ASSUME NO RESPONSIBILITY FOR ANY SHORTAGE OF PRODUCT FROM SUBJECT
FRENCH RAIL CARS.
C. PROHIBIT US PERSONNEL FROM TAMPERING WITH PROPERTY BELONGING TO
THE FRENCH FORCES.
D. COORDINATE RAIL SWITCHING SERVICE ON OR ABOUT 1500 HOURS DAILY,
MONDAY THROUGH FRIDAY.
E. NOTIFY BUNDESBAHN TRAFFIC DIVISION THROUGH THE LOCAL US ARMY
TRANSPORTATION REPRESENTATIVE WHEN THE TANKCARS ARE EMPTY AND AVAILABLE
FOR RELEASE FROM THE GRAFENWOEHR SUPPLY POINT.
5. THE FRENCH FORCES AGREE TO:
A. NOTIFY HEADQUARTERS, SEVENTH ARMY, ATTN: AETGD-SM-POL, OF THE
STARTING DATE OF EACH TRAINING PERIOD DURING WHICH IT IS DESIRED TO
POSITION RAIL TANKCARS IN THE GRAFENWOEHR CLASS III SUPPLY POINT AT
LEAST FIFTEEN (15) DAYS IN ADVANCE.
B. NOTIFY THE US ARMY TRANSPORTATION REPRESENTATIVE LOCATED AT
GRAFENWOEHR POST AND THE NCOIC, GRAFENWOEHR CLASS III SUPPLY POINT, AT
LEAST 24 HOURS IN ADVANCE OF FRENCH RAIL CARS SCHEDULED TO ENTER THE
SUPPLY POINT OR OF ANY REQUIREMENT FOR TANKCAR SWITCHING OR DELIVERY TO
THE BUNDESBAHN.
C. ABIDE BY US ARMY REGULATIONS WITHIN THE GRAFENWOEHR CLASS III
SUPPLY POINT AND COMPLY WITH ALL INSTRUCTIONS GIVEN BY THE SUPPLY POINT
COMMANDER.
D. COMPLY WITH SAFETY, FIRE PREVENTION, AND SANITATION STANDARDS OF
THE US ARMY.
E. PERMIT THE US ARMY TO CONDUCT NECESSARY INSPECTIONS TO INSURE THAT
SAFETY, FIRE PREVENTION AND SANITATION STANDARDS ARE MAINTAINED.
F. COMPLY WITH ALL US ARMY PROCEDURES TO ELIMINATE THE POSSIBILITY OF
GROUND CONTAMINATION.
G. ASSUME RESPONSIBILITY FOR ANY CLAIMS BY THIRD PARTIES ARISING FROM
THE USE OF PROPERTY BY THE FRENCH FORCES.
H. ASSUME RESPONSIBILITY FOR ANY DAMAGE TO US PROPERTY DURING
UTILIZATION OF FACILITIES WITHIN THE GRAFENWOEHR CLASS III SUPPLY POINT.
I. MAKE ALL TRANSFERS OF POL PRODUCT FROM THE TANKCARS TO FRENCH
FORCES TANK TRUCKS.
J. PROVIDE ALL PUMPS, CONNECTIONS AND OTHER REQUIRED EQUIPMENT TO
ACCOMPLISH THIS TRANSFER.
K. MAKE ISSUES FROM THEIR TANKCARS ONLY BETWEEN THE HOURS OF 0800 AND
1700, MONDAY THROUGH FRIDAY, AND 0800 AND 1200 ON SATURDAY. IF AN
EMERGENCY REQUIREMENT EXISTS TO FILL FRENCH TANK TRUCKS AT ANY TIME
OTHER THAN THE ABOVE LISTED HOURS, ACCESS TO THE SUPPLY POINT MAY BE
OBTAINED BY CONTACTING THE NCOIC OF THE SUPPLY POINT, GRAFENWOEHR
MILITARY 867/703, OR THE COMMANDING OFFICER, 656TH QUARTERMASTER
COMPANY, MERRELL MILITARY 853/652. DETERMINATION OF EMERGENCY
REQUIREMENTS RESTS WITH THE FRENCH FORCES. AT ALL TIMES WHEN FRENCH
FORCES PERSONNEL ARE WITHIN THE SUPPLY POINT, THE NCOTC OR HIS DULY
APPOINTED REPRESENTATIVE WILL BE PRESENT IN THE SUPPLY POINT.
1. AS AN ADDITIONAL SECURITY MEASURE, TAKE NECESSARY STEPS TO SECURE
THE TANKCARS BY PADLOCKS OR SEATS TO PREVENT UNAUTHORIZED ENTRY.
M. HAVE A MAXIMUM OF TWO (2) TANKCARS WITHIN THE SUPPLY POINT AT ANY
ONE TIME.
6. IT IS FURTHER AGREED AND UNDERSTOOD THAT:
A. THIS MEMORANDUM BECOMES EFFECTIVE UPON AGREEMENT BY BOTH PARTIES,
AND WILL TERMINATE ONE YEAR FROM THE DATE OF MUTUAL AGREEMENT. IT MAY
BE EXTENDED BY MUTUAL WRITTEN AGREEMENT.
B. THE US ARMY RESERVES THE RIGHT TO TERMINATE THIS AGREEMENT PRIOR
TO THE NORMAL TERMINATION DATE, AS OUTLINED ABOVE, UPON WRITTEN NOTICE
PROVIDED TO THE FRENCH FORCES AT LEAST 60 DAYS PRIOR TO THE DESIRED
TERMINATION DATE.
C. THE FRENCH FORCES WILL PROVIDE WRITTEN NOTICE TO THE US ARMY OF
ANY DESIRE ON THEIR PART TO TERMINATE THIS AGREEMENT PRIOR TO THE NORMAL
TERMINATION DATE, AT LEAST 60 DAYS PRIOR TO THE DESIRED TERMINATION
DATE.
D. THIS MEMORANDUM MAY BE AMENDED BY MUTUAL WRITTEN CONSENT.
IN WITNESS WHEREOF, THE US ARMY HAS EXECUTED THIS MEMORANDUM OF
UNDERSTANDING ON THIS 13TH DAY OF JUNE 1966.
WHEREAS, THE FRENCH FORCES IN GERMANY BY LETTER, FILE MR.:
08502/CCFFA/4.III, DATED 17 OCTOBER 1966, SUBJECT: "MOTOR FUEL SUPPORT
OF THE FRENCH FORCES IN GERMANY BY THE US ARMY", HAVE REQUESTED TO
MAINTAIN THE MEMORANDUM OF UNDERSTANDING CONCERNING CLASS III SERVICES
AND FACILITIES PROVIDED BY THE US ARMY, SPECIFICALLY THE 95TH SUPPLY AND
SERVICE BATTALION, TO THE FRENCH FORCES TRAINING IN THE GRAFENWOEHR
TRAINING AREA, SIGNED ON THE 13TH DAY OF JUNE 1966, AND EXTEND THE
TERMINATION DATE.
WHEREAS, AS A RESULT THEREOF, DURING MEETING WITH REPRESENTATIVES OF
THE FRENCH FORCES AND THE UNITED STATES ARMY, EUROPE, ON 24 MAY 1967 AT
BADEN-BADEN, OFFICE OF THE G-4, HEADQUARTERS, FRENCH FORCES IN GERMANY,
MUTUAL AGREEMENT WAS REACHED TO EXTEND THE TERMINATION DATE OF THE
SUBJECT MEMORANDUM OF UNDERSTANDING.
NOW THEREFORE,
PARAGRAPH 6 OF THE MEMORANDUM OF UNDERSTANDING, DATED 13 JUNE 1966 IS
AMENDED AS FOLLOWS:
"A. THIS MEMORANDUM IS EFFECTIVE 13 JUNE 1966 AND WILL BE
AUTOMATICALLY EXTENDED FROM YEAR TO YEAR UNLESS CANCELLED BY EITHER
PARTY UPON WRITTEN MUTUAL AGREEMENT.
"B. THE US ARMY RESERVES THE RIGHT TO TERMINATE THIS AGREEMENT UPON
MILITARY NECESSITY, UPON WRITTEN NOTICE PROVIDED TO THE FRENCH FORCES AT
LEAST 60 DAYS PRIOR TO THE DESIRED TERMINATION DATE.
"C. THIS MEMORANDUM MAY BE AMENDED BY MUTUAL WRITTEN CONSENT.
IN WITNESS WHEREOF, THE US ARMY, EUROPE, AND FRENCH FORCES IN GERMANY
HAVE EXECUTED THIS AMENDMENT NUMBER 1 TO THE MEMORANDUM OF UNDERSTANDING
DATED 13 JUNE 1966 ON THIS 30.DAY OF JUNE 1967.
GERMANY, FEDERAL REPUBLIC OF 16 JAN 1976 FLITE DOCUMENT NO. 7900028
SUPPORT AGREEMENT EXECUTED 4 NOVEMBER AND 28 NOVEMBER 1975 AND 16
JANUARY 1976.
AGREEMENT IS TO ESTABLISH AND DELINEATE AREAS OF RESPONSIBILITY FOR
THE PROVISION OF LOGISTICAL SUPPORT PROVIDED BY USAREUR ON BEHALF OF
USASA TO CASB AND THE LOGISTICAL SUPPORT PROVIDED BY USASA TO CASB.
THIS AGREEMENT IS MADE BY AND BETWEEN THE COMMANDER IN CHIEF, UNITED
STATES ARMY, EUROPE AND SEVENTH ARMY, HEREAFTER REFERRED TO AS USAREUR,
AND US ARMY SECURITY AGENCY, HEREAFTER REFERRED TO AS USASA, AND
COMMUNICATION ACTIVITY SOUTH OF BUNDESWEHR, GABLINGEN, HEREAFTER
REFERRED TO AS CASB.
1. PURPOSE:
THE PURPOSE OF THIS AGREEMENT IS TO ESTABLISH AND DELINEATE AREAS OF
RESPONSIBILITY FOR THE PROVISION OF LOGISTICAL SUPPORT PROVIDED BY
USAREUR ON BEHALF OF USASA TO CASB AND THE LOGISTICAL SUPPORT PROVIDED
BY USASA TO CASB.
2. GENERAL:
A. ALL SUPPORT WILL BE FURNISHED ON A REIMBURSABLE BASIS UNLESS
OTHERWISE INDICATED IN THIS AGREEMENT.
B. THE SUPPORT PROVIDED TO CASB WILL BE IN ACCORDANCE WITH
USAREUR/USASA STANDARDS AND CAPABILITIES.
C. BILLING AND PAYMENT. ALL COST ESTABLISHMENT WILL BE BASED ON COST
SHARING AS DETERMINED BY USASA. BILLS WILL BE PREPARED AND PRESENTED
FOR PAYMENT ON A QUARTERLY BASIS TO FERNMELDESTELLE SUED DER BUNDESWEHR,
89 AUGUSBURG, JOHANNES-ROESLE-STRASSE 6. PAYMENT WILL BE EFFECTED IN
DOLLAR INSTRUMENTS PAYABLE TO "TREASURER OF THE UNITED STATES," AND WILL
BE MADE WITHIN 45 DAYS AFTER RECEIPT OF BILLS. PROCEDURES FOR BILLING
AND PAYMENT WILL BE AS FOLLOWS:
(1) USAREUR SUPPORT (ANNEX A)-- USAREUR WILL BE PROVIDED BY USASA
WITH DATA INVOLVING USAREUR CLAIMS FOR REIMBURSEMENT IN ORDER THAT THE
APPROPRIATE BILLING DOCUMENTS CAN BE PREPARED. THIS INFORMATION WILL BE
SUBMITTED BY USASA TO THE SUPPORTING DIRECTORATE OF INDUSTRIAL
OPERATIONS (DIO) WHICH, IN TURN, WILL ESTABLISH THE BILLING INFORMATION
AND SUBMIT SAME TO THE SERVICING FINANCE & ACCOUNTING OFFICE FOR
PRESENTATION TO CASB FOR PAYMENT TO USAREUR.
(2) USASA SUPPORT (ANNEX B)-- USASA FIELD STATION AUGSBURG WILL
COMPUTE AMOUNT DUE USASA ON THE BASIS OF THIS SUPPORT AGREEMENT AND WILL
PREPARE AND PRESENT BILLING DIRECTLY TO CASB FOR PAYMENT. ALL PAYMENTS
FOR USASA SUPPORT WILL BE REMITTED TO THE COMPTROLLER, USASA FIELD
STATION AUGSBURG, FOR TRANSMITTAL TO THE CENTRAL FINANCE & ACCOUNTING
OFFICE, HQ USASA, ARLINGTON HALL STATION, ARLINGTON, VA. 22212.
D. ONLY THAT SUPPORT WILL BE PROVIDED TO CASB WHICH DOES FALL WITHIN
THE SCOPE OF USAREUR'S MISSION OR WHICH IS SPECIFIED IN THIS AGREEMENT,
ANNEX A. THE SAME APPLIES TO USASA AS FAR AS ANNEX B IS CONCERNED.
E. PARTIES SIGNATORY TO THIS AGREEMENT AGREE THAT:
(1) AMENDMENTS WILL BE MADE BY MUTUAL WRITTEN CONSENT OF THE PARTIES
CONCERNED. SUCH AMENDMENTS WILL BE RECORDED AND PUBLISHED AS ADDENDA TO
THIS AGREEMENT.
(2) THIS AGREEMENT IS EFFECTIVE UPON SIGNATURE OF ALL PARTIES AND
WILL REMAIN IN EFFECT UNTIL SUPERSEDED OR TERMINATED IN WRITING WITH A
90-DAY NOTIFICATION PERIOD.
(3) AN ANNUAL REVIEW OF THIS AGREEMENT WILL BE MADE BY ALL PARTIES TO
DETERMINE IF REVISIONS ARE REQUIRED.
(4) USASA WILL KEEP USAREUR ADVISED OF CURRENT AND FUTURE SUPPORT
REQUIREMENTS FOR CASB WITH POSSIBLE ADVICE TO BE GIVEN 90 DAYS IN
ADVANCE.
F. CASB PERSONNEL WILL ADHERE TO USAREUR/USASA REGULATIONS,
DIRECTIVES, ETC., AS REQUIRED.
G. THIS AGREEMENT HAS TWO ANNEXES PERTAINING TO SUPPORT PROVIDED BY
USAREUR AND USASA.
H. THIS AGREEMENT IS MADE IN GERMAN AND ENGLISH. BOTH TEXTS ARE
EQUALLY BINDING.
FOR USAREUR:
16 JAN 76
FOR USASA:
FOR CASB:
USAREUR PROVIDED SUPPORT
CATEGORY OF SUPPORT FIRE PROTECTION HOST WILL PROVIDE ON-SITE FIRE
PROTECTION AND FIRE FIGHTING EQUIPMENT ON A NON-REIMBURSABLE BASIS
UNLESS THE US GOVERNMENT IS BILLED BY THE LOCAL FIRE DEPARTMENT.
HOST/TENANT WILL PROVIDE ON-SITE FIRE FIGHTING TEAMS GOVERNED BY FIELD
STATION AUGSBURG FIRE REGULATIONS. TENANT WILL COMPLY WITH HOST FIRE
REGULATIONS. PROVIDE TENANT PERSONNEL ON AN APPROPRIATE BASIS TO
SUPPLEMENT HOST FIRE FIGHTING TEAMS.
CATEGORY OF SUPPORT UTILITIES HOST WILL PROVIDE UTILITIES AS REQUIRED
(GAS, WATER, ELECTRICITY, SEWAGE, ETC). TENANT WILL REIMBURSE FOR
PROPORTIONATE SHARE OF COSTS BASED ON PERCENTAGE OF OPERATIONAL FLOOR
SPACE ALLOCATED TO TENANT.
CATEGORY OF SUPPORT MEDICAL SUPPORT HOST WILL PROVIDE EMERGENCY
MEDICAL CARE WHILE AT SITE 300 WITHIN US CAPABILITIES. EMERGENCY
MEDICAL CARE WILL CONSIST OF FIRST AID MEASURES. EVACUATION WILL BE
FURNISHED BY THE LOCAL MEDAC TO THE LOCAL HOSPITAL. TENANT WILL
ESTABLISH OWN PROCEDURES TO PROVIDE FOR ONWARD EVACUATION FROM THE LOCAL
HOSPITAL.
CATEGORY OF SUPPORT MESSING HOST WILL PROVIDE FOOD SERVICE SUPPORT BY
CASH PAY FOR TENANT PERSONNEL REQUIRED TO BE ON DUTY AT SITE 300. CASH
PAY WILL BE DEPOSITED BY USASA TO THE SERVICING F&A OFFICE FOR CREDIT TO
USAREUR.
CATEGORY OF SUPPORT FE SUPPORT MAINTENANCE AND REPAIR HOST WILL
PROVIDE CIVIL ENGINEERING/FACILITIES ENGINEERING SUPPORT IAW USAREUR
PROCEDURES. TENANT WILL REIMBURSE FOR PROPORTIONATE SHARE OF COSTS
BASED ON PERCENTAGE OF OPERATIONAL FLOOR SPACE ALLOCATED TO TENANT.
CATEGORY OF SUPPORT WINTER SERVICE HOST WILL PROVIDE SNOW REMOVAL AND
SANDING OF ROADS. TENANT WILL REIMBURSABLE COSTS WILL BE ESTABLISHED
BASED ON THE TOTAL OF GERMAN REGISTERED VEHICLES VERSUS US REGISTERED
VEHICLES USING SITE 300.
CATEGORY OF SUPPORT MODIFICATION/ALTERATION/NEW WORK HOST WILL
PROVIDE SUPPORT ON A FULLY REIMBURSABLE BASIS AS PER USASA-CASB ACCORD.
TENANT WILL MAKE REQUIREMENTS KNOWN TO HOST.
USASA PROVIDED SUPPORT
CATEGORY OF SUPPORT CUSTODIAL SERVICE HOST WILL PROVIDE CUSTODIAL
SERVICE, TO INCLUDE PERSONNEL AND MATERIALS, AS REQUIRED AT SITE 300.
TENANT WILL REIMBURSE FOR PROPORTIONAL SHARE OF COSTS BASED ON
PERCENTAGE OF OPERATIONAL FLOOR SPACE ALLOCATED TO TENANT.
CATEGORY OF SUPPORT CIVILIAN GUARDS HOST WILL PROVIDE CIVILIAN GUARDS
AS REQUIRED FOR SECURITY OF SITE 300. TENANT WILL REIMBURSE FOR
PROPORTIONATE SHARE OF COSTS BASED ON PERCENTAGE OF OPERATIONAL FLOOR
SPACE ALLOCATED TO TENANT.
CATEGORY OF SUPPORT COMPUTER & DATA PROCESSING HOST WILL PROVIDE
COMPUTER AND DATA PROCESSING SERVICE AS REQUIRED. TENANT WILL REIMBURSE
BASED ON ACTUAL COSTS. (HOURLY CHARGE FOR EQUIPMENT PLUS COSTS OF
SUPPLIES. PROGRESSING SERVICES WILL REQUIRE ADDITIONAL REIMBURSEMENT.)
CATEGORY OF SUPPORT AN/FLF-9 SYSTEM MAINTENANCE HOST WILL PROVIDE
MAINTENANCE SERVICES FOR AUGSBURG CDAA. (CONTRACTS MAINTENANCE, REPAIR
AND UPKEEP, ENGINEERING, AND MODIFICATION ASSOCIATED WITH MAINTENANCE
AND UPDATING OF AN/FLR-9 SYSTEM.) TENANT WILL REIMBURSE FOR
PROPORTIONATE SHARE OF COSTS BASED ON PERCENTAGE OF AN/FLR-9 AF PORTS
ALLOCATED TO TENANT. (PERCENTAGE WILL BE DETERMINED BY AVERAGE NUMBER
OF TENANT RF PORTS DIVIDED BY AVERAGE NUMBER OF TENANT AND HOST RF
PORTS, AVERAGE NUMBER TO BE DETERMINED OVER A SIX-MONTH PERIOD.) (SEE
CONFIGURATION MANAGEMENT FOR ADDITIONAL TENANT PROCEDURES APPLICABLE TO
MODIFICATIONS OF AN/FLR-9.)
CATEGORY OF SUPPORT CONFIGURATION MANAGEMENT HOST WILL PROVIDE
INSTALLATION/DEINSTALLATION OF EQUIPMENT, SPACE REQUIREMENT, AND
DOCUMENTATION OF THE AN/FLF-9/CDAA. TENANT WILL PROVIDE TO THE CCP
PANNEL, FIELD STATION AUGSBURG, REQUIRED CHANGES FOR REVIEW BY THE
CINFIGURATION CONTROL PANEL (CCP). DESIGNATE A REPRESENTATIVE TO THE
CCP TO ADVISE ON PROPOSED CHANGES AND ON COSTS ASSOCIATED WITH REQUIRED
CHANGES. REIMBURSE THE HOST FOR DOCUMENTATION COSTS ASSOCIATED WITH
CHANGE ACTIONS.
CATEGORY OF SUPPORT REPAIR PATS, AN/FLR-9 SYSTEM HOST WILL PROVIDE
REPAIR PARTS FOR MAINTENANCE OF AN/FLR-9 SYSTEM. TENANT WILL REIMBURSE
FOR PROPORTIONATE SHARE OF COSTS BASED ON SAME PERCENTAGE FACTOR
APPLICABLE TO AN/FLR-9 SYSTEM MAINTENANCE.
CATEGORY OF SUPPORT REPAIR PART, OTHER HOBT WILL PROVIDE
MISSION-ESSENTIAL REPAIR PARTS FOR HOST FURNISHED EQUIPMENT. TENANT
WILL REIMBURSE BASED ON ACTUAL COSTS.
CATEGORY OF SUPPORT MISSION SUPPLIES HOST WILL PROVIDE
MISSION-ESSENTIAL SUPPLIES FOR HOST FURNISHED US EQUIPMENT. TENANT WILL
REIMBURSE BASED ON ACTUAL COSTS.
CATEGORY OF SUPPORT REPRODUCTION/PRINTING SERVICES HOST WILL PROVIDE
REPRODUCTION SERVICES AS REQUIRED AND WITHIN CAPABILITIES. TENANT WILL
REIMBURSE BASED ON ACTUAL COSTS (MACHINE COPY COSTS PLUS COSTS OF
MATERIALS).
CATEGORY OF SUPPORT AUDIOVISUAL TRAINING AIDS HOST WILL PROVIDE
AUDIOVISUAL TRAINING AIDS APPLICABLE TO US EQUIPMENT ON A
NON-REIMBURSABLE BASES WHEN REQUIRED IAW MISSION REQUIREMENTS. TENANT
WILL PROVIDE HOST WITH REQUIREMENTS.
CATEGORY OF SUPPORT PHOTOGRAPHIC SERVICES HOST WILL PROVIDE
PHOTOGRAPHIC SUPPORT REQUIRED BY TENANT WITHIN CAPABILITIES. TENANT
WILL PROVIDE HOST WITH REQUIREMENTS AND REIMBURSE BASED ON WORK ORDER
COSTS.
CATEGORY OF SUPPORT MESSING HOST WILL PROVIDE MESSING FACILITIES FOR
TENANT PERSONNEL REQUIRED TO BE ON DUTY AT SITE 300. TENANT WILL
REIMBURSE FOR PROPORTIONATE SHARE OF COSTS OF MESS OPERATION BASED ON
HEADCOUNT OF TENANT PERSONNEL AS COMPARED TO TOTAL HEADCOUNT OF ALL
PERSONNEL.
GERMANY, FEDERAL REPUBLIC OF 22 JUL 1976 FLITE DOCUMENT NO. 7900027
MEMORANDUM OF UNDERSTANDING EXECUTED 16 AND 22 JULY 1976.
MEMORANDUM OF UNDERSTANDING REGARDING COOPERATIVE DEVELOPMENT OF AN
ADVANCED SURFACE-TO-AIR MISSILE SYSTEM.
1. THE GOVERNMENT OF THE UNITED STATES OF AMERICA AND THE FEDERAL
REPUBLIC OF GERMANY (HEREINAFTER REFERRED TO AS THE "PARTICIPATING
GOVERNMENTS") RESPECTIVELY REPRESENTED BY THE DEPARTMENT OF THE NAVY AND
THE FEDERAL MINISTRY OF DEFENSE HAVING EACH IDENTIFIED A MILITARY
REQUIREMENT FOR AN ADVANCED SURFACE-TO-AIR MISSILE SYSTEM FOR USE IN THE
ANTI-SHIP MISSILE DEFENSE ROLE, HAVE DECIDED TO UNDERTAKE JOINTLY AND
COOPERATIVELY THE DEVELOPMENT OF SUCH A SYSTEM AS A PROJECT UNDER THE
"MEMORANDUM OF UNDERSTANDING APPLICABLE TO THE UNITED STATES-FEDERAL
REPUBLIC OF GERMANY COOPERATIVE RESEARCH AND DEVELOPMENT" DATED 1 AUGUST
1963.
2. THE ASMD MISSILE SYSTEM DEVELOPMENT PROJECT, INITIATED BY THE
U.S. GOVERNMENT IN 1975 EMPLOYING TECHNOLOGY DEVELOPED IN THE DUAL MODE
REDEYE PROGRAM AND COMPONENTS FROM SEVERAL ONGOING U.S. MISSILE
PROGRAMS, IS INTENDED TO PROCEED IN TWO PHASES WHICH ARE THE VALIDATION
PHASE AND THE FULL SCALE DEVELOPMENT PHASE. IT IS CONTEMPLATED ALSO
THAT UPON SUCCESSFUL COMPLETION OF THE FULL SCALE DEVELOPMENT, THE
PARTICIPATING GOVERNMENTS WILL PROCEED WITH A COOPERATIVE PROJECT FOR
THE PRODUCTION OF THEIR NATIONAL REQUIREMENTS FOR THE ASMD MISSILE
SYSTEM. THIS MEMORANDUM STATES THE TERMS FOR THE CONDUCT OF THE
VALIDATION PHASE AND CONTAINS PROVISIONS REGARDING THE INITIATION OF THE
FULL SCALE DEVELOPMENT PHASE. IT IS INTENDED, HOWEVER, THAT COMMITMENT
OF THE PARTICIPATING GOVERNMENTS TO PARTICIPATE IN FULL SCALE
DEVELOPMENT AND PRODUCTION WILL BE UNDERTAKEN UPON THEIR RESPECTIVE
APPROVAL AND SIGNATURE OF LATER MEMORANDA OF UNDERSTANDING.
1. THE OVERALL OBJECTIVE OF THE COOPERATIVE PROJECT IS THE
DEVELOPMENT, EVALUATION, AND PRODUCTION OF AN ASMD MISSILE SYSTEM
RESPONSIVE TO THE COMMON AND PARTICULAR NATIONAL REQUIREMENTS OF THE
PARTICIPATING GOVERNMENTS. PENDING THE RESULTS OF THE VALIDATION PHASE
THE REQUIREMENTS FOR THE SYSTEM ARE DESCRIBED IN THE U.S. NAVY
OPERATIONAL REQUIREMENT OR SAA-24 DATED 20 MAY 1975 AND FRG NAVY
OBJECTIVES FUE M VII 2 DATED 24 MAY 1976. DEPLOYMENT IN THE 1981 TIME
FRAME IS A MUTUAL OBJECTIVE.
2. UNDER THE COOPERATIVE PROJECT FOR THE DEVELOPMENT OF AN ASMD
MISSILE SYSTEM -
A. A COMPLETELY NEW MISSILE, INCORPORATING SUBSYSTEMS COMMON OR
SIMILAR TO EXISTING MISSILES IN THE UNITED STATES INVENTORY, WILL BE
DEVELOPED.
B. THE ASMD MISSILE SYSTEM DEVELOPMENT WILL BE ORIENTED, TO THE
GREATEST PRACTICABLE EXTENT, TOWARDS THE USE, AS SYSTEM ELEMENTS, OF
EQUIPMENTS, (SUCH AS SEARCH AND ACQUISITION RADARS AND PASSIVE INTERCEPT
RECEIVERS) DEVELOPED UNDER SEPARATE AUSPICES.
C. IT IS ENVISIONED, HOWEVER, THAT THE DEVELOPMENT OF UNIQUE
EQUIPMENT AND SOFTWARE FOR THE SYSTEM WILL BE REQUIRED.
D. IN ADDITION, EVERY EFFORT WILL BE MADE DURING THE DEVELOPMENT
PROCESS TO USE EXISTING WEAPONS CONTROL, LAUNCHING SYSTEMS AND RANGE
INSTRUMENTATION EQUIPMENTS IN SUPPORT OF THE TEST AND EVALUATION EFFORT.
3. THE FOLLOWING ARE THE OBJECTIVES OF THE DEVELOPMENT STAGE AND THE
PRODUCTION STAGE:
A. DEVELOPMENT STAGE -
(I) VALIDATION PHASE - THROUGH THE CONDUCT OF STUDIES, TESTS, AND
TRIALS, TO OBTAIN PERFORMANCE RESULTS AND COST INFORMATION WHICH SUPPORT
NATIONAL DECISIONS TO PROCEED WITH FULL SCALE DEVELOPMENT AND TO
FORMULATE TECHNICAL DOCUMENTATION ADEQUATE FOR THE AWARD OF FULL SCALE
DEVELOPMENT CONTRACTS.
(II) FULL SCALE DEVELOPMENT PHASE - THROUGH THE CONDUCT OF STUDIES,
THE DEFINITION AND FABRICATION OF HARDWARE, AND THE PERFORMANCE OF THE
TESTS AND TRIALS OF ASMD MISSILE SYSTEM ELEMENTS; TO OBTAIN RESULTS
PERTAINING TO PERFORMANCE AND OPERATIONAL SUITABILITY AS WELL AS COST
INFORMATION WHICH WILL SUPPORT NATIONAL DECISIONS TO PROCEED WITH
PRODUCTION OF THE SYSTEM AND TO FORMULATE TECHNICAL DOCUMENTATION
ADEQUATE FOR THE AWARD OF PRODUCTION CONTRACTS.
B. PRODUCTION STAGE - THE ACQUISITION OF PRODUCTION DOCUMENTATION AND
THE QUANTITIES OF ASMD MISSILE SYSTEM CORRESPONDING TO THE NATIONAL
REQUIREMENTS OF THE PARTICIPATING GOVERNMENTS.
1. THE FOLLOWING WORK (AS DEPICTED IN FIGURE 1 ATTACHED HERETO) WILL
BE CONDUCTED DURING THE VALIDATION PHASE:
A. DESCRIBE THE EFFORTS OF THE VALIDATION PHASE.
B. CONDUCT OF VALIDATION PHASE MISSILE FLIGHT TEST PROGRAM.
C. PERFORMANCE OF DESIGN STUDIES AND DEMONSTRATIONS RELATED TO THE
SHIP SYSTEM ELEMENTS OF THE ASMD MISSILE SYSTEM, BASED UPON
REPRESENTATIVE CONFIGURATIONS.
D. PREPARATION OF TECHNICAL AND PROGRAM DOCUMENTATION, INCLUDING
SPECIFICATIONS, REQUIRED FOR THE PLACEMENT OF CONTRACTS FOR PERFORMANCE
OF FULL SCALE DEVELOPMENT EFFORT. THIS DOCUMENTATION WILL ALSO ADDRESS
THE PARTICIPATION OF THE NATIONAL INDUSTRIES OF BOTH
(DIAGRAM OMITTED) COUNTRIES IN FULL SCALE DEVELOPMENT AND, ULTIMATELY,
IN PRODUCTION OF THE ASMD MISSILE SYSTEM. THE PRIME CONTRACTOR SELECTED
FOR THE OVERALL DEVELOPMENT EFFORT WILL ASSIST IN THIS PROCESS.
E. AS PART OF THE VALIDATION PHASE, THE U.S. GOVERNMENT WILL CONDUCT
SUCH TECHNICAL TESTS AND TRAILS, INCLUDING SEA TRAILS, USING SHIPS,
TARGETS AND RANGE FACILITIES TO THE EXTENT USUALLY REQUIRED WITH REGARD
TO EQUIPMENT OF THE TYPE INVOLVED IN THIS PROJECT.
F. FORMULATION OF THE TERMS OF A MEMORANDUM OF UNDERSTANDING BETWEEN
THE PARTICIPATING GOVERNMENTS REGARDING COOPERATIVE FULL SCALE
DEVELOPMENT, INCLUDING THE TERMS OF THE UTILIZATION OF ANY BACKGROUND
RIGHTS INVOLVED IN THIS PROGRAM.
G. PREPARATION OF TECHNICAL AND PROGRAM DOCUMENTATION NECESSARY TO
PERMIT DECISIONS BY THE UNITED STATES DEPARTMENT OF DEFENSE AND THE
FEDERAL MINISTRY OF DEFENSE TO ENTER FULL SCALE DEVELOPMENT IN LATE
CALENDAR YEAR 1977.
2. SHOULD THE NEED ARISE, THE PARTICIPATING GOVERNMENTS WILL MAKE
AVAILABLE TO ONE ANOTHER, ON A LOAN BASIS IN ACCORDANCE WITH
ARRANGEMENTS TO BE AGREED UPON, EQUIPMENTS AND MATERIALS FOR THE CONDUCT
OF SUCH TESTS AND TRIALS AS ARE CONSIDERED TO BE IN FURTHERANCE OF THE
OBJECTIVES, AND WITHIN THE SCOPE, OF THE VALIDATION PHASE. SUCH
ARRANGEMENTS SHALL INCLUDE PROVISIONS WHEREBY THE GOVERNMENT FURNISHING
THE EQUIPMENT OR MATERIAL WILL RECEIVE COPIES OF THE TEST REPORTS AND
OTHER TECHNICAL INFORMATION GENERATED DURING SUCH TESTS AND TRIALS.
1. SHOULD THE PARTICIPATING GOVERNMENTS, AFTER COMPLETION OF THE
VALIDATION PHASE, DECIDE TO CONTINUE THE COOPERATIVE EFFORT, IT IS
ENVISIONED THAT THE FOLLOWING WORK WILL BE CONDUCTED DURING THE FULL
SCALE DEVELOPMENT PHASE:
A. PERFORMANCE OF DESIGN STUDIES AND DEMONSTRATIONS RELATED TO
SPECIFIC SHIP CONFIGURATIONS OF THE ASMD MISSILE SYSTEM.
B. DEFINITION, FABRICATION, TEST AND TRIAL OF SYSTEM HARDWARE.
C. PREPARATION OF TECHNICAL AND PROGRAM DOCUMENTATION NECESSARY TO
PERMIT PRODUCTION DECISIONS BY NATIONAL AUTHORITIES OF THE PARTICIPATING
GOVERNMENTS.
D. FORMULATION OF THE TERMS OF A MEMORANDUM OF UNDERSTANDING BETWEEN
THE PARTICIPATING GOVERNMENTS REGARDING COOPERATIVE PRODUCTION OF THE
ASMD MISSILE SYSTEM.
E. PREPARATION OF TECHNICAL AND PROGRAM DOCUMENTATION REQUIRED TO
ENTER INTO PRODUCTION ARRANGEMENTS WITH INDUSTRY FOR THE PROCUREMENT OF
THE REQUIREMENTS OF THE PARTICIPATING GOVERNMENTS FOR THE SYSTEM.
2. THE PARTICIPATING GOVERNMENTS FURTHERMORE AGREE TO START THE FULL
SCALE DEVELOPMENT PHASE ON THE FOLLOWING ASSUMPTIONS:
A. THE FRG MAY PARTICIPATE IN THE MANAGEMENT OF THE PROJECT, UNDER
THE TERMS OF THE "MOU APPLICABLE TO THE U.S.-FRG COOPERATIVE RESEARCH
AND DEVELOPMENT" DATED 1 AUGUST 1963, USING A SENIOR NATIONAL
REPRESENTATIVE TO COMMUNICATE THE REQUIREMENTS OF HIS GOVERNMENT TO THE
U.S. PROGRAM MANAGER. U.S. PROCEDURES WILL BE FOLLOWED THROUGHOUT.
B. FRG INDUSTRY MAY PARTICIPATE IN FULL SCALE DEVELOPMENT TO THE
EXTENT THAT SUCH PARTICIPATION IS NOT DETRIMENTAL TO THE ACHIEVEMENT OF
THE PROGRAM OBJECTIVES.
C. PARTICIPATING GOVERNMENTS SHARE EQUALLY RIGHTS IN TECHNICAL
INFORMATION WHICH IS DEVELOPED DURING AND IS WITHIN THE COOPERATIVE
SCOPE OF THE VALIDATION, FULL SCALE DEVELOPMENT, AND PRODUCTION PHASES
OF THE MISSILE SYSTEM PROGRAM.
D. WHEN ESTABLISHING THE FORMULA FOR THE SHARING OF PROGRAM COSTS
BETWEEN PARTICIPATING GOVERNMENTS DUE ACCOUNT SHALL BE TAKEN OF
FORESEEABLE NATIONAL PRODUCTION REQUIREMENTS.
3. IT IS CONTEMPLATED THAT DURING THE PRODUCTION STAGE, THE
PARTICIPATING GOVERNMENTS WILL COOPERATIVELY ACQUIRE THEIR INDIVIDUAL
REQUIREMENTS FOR THE ASMD MISSILE SYSTEM AND WILL IMPLEMENT SUCH
ARRANGEMENTS AS MAY BE AGREED TO FOR THE INSTALLATION, TEST AND CHECKOUT
AND COOPERATIVE LOGISTIC SUPPORT OF SUCH ACQUIRED SYSTEMS.
1. THE U.S. DEPARTMENT OF THE NAVY WILL HAVE THE OVERALL
RESPONSIBILITY FOR THE IMPLEMENTATION AND MANAGEMENT OF THE VALIDATION
PHASE, USING ITS OWN PROCEDURES FOR THE TECHNICAL DIRECTION OF THE
PROJECT AND FOR NEGOTIATION, PLACING AND ADMINISTERING CONTRACTS. THE
U.S. DEPARTMENT OF THE NAVY HAS APPOINTED THE COMMANDER, NAVAL SEA
SYSTEMS COMMAND (PMS-404-50) AS THE PROJECT MANAGER FOR THE VALIDATION
PHASE. THE PROJECT MANAGER WILL BE RESPONSIBLE FOR THE MANAGEMENT AND
COORDINATION OF THE PROJECT WORK. THE PROJECT MANAGER MAY ARRANGE FOR
THE PERFORMANCE OF U.S. NAVY WORK WHICH, ALTHOUGH RELATED TO THE ASMD
MISSILE SYSTEM, IS NOT WITHIN THE SCOPE OF THE VALIDATION PHASE. THE
COST OF SUCH WORK, WHICH IS OUTSIDE THE SCOPE OF THE VALIDATION PHASE
WILL BE BORNE BY THE U.S. GOVERNMENT. THE COSTS OF WORK ARRANGED BY THE
FRG MINISTRY OF DEFENSE WHICH, ALTHOUGH RELATED TO THE ASMD MISSILE
SYSTEM, IS NOT WITHIN THE SCOPE OF THE VALIDATION PHASE WILL BE BORNE BY
THE FRG GOVERNMENT. THE PROJECT MANAGER AND HIS REPRESENTATIVES ARE
AUTHORIZED TO ESTABLISH AND MAINTAIN DIRECTION LIAISON WITH DESIGNATED
PERSONNEL OF THE FRG MINISTRY OF DEFENSE FOR THE PURPOSE OF
IMPLEMENTATION OF THIS MEMORANDUM OF UNDERSTANDING. ANY EVENT WHICH
WOULD SIGNIFICANTLY AFFECT THE SCHEDULE OR COST OF THE VALIDATION PHASE
OF THE PROJECT WILL BE THE SUBJECT OF PROMPT CONSULTATION BY THE
PARTICIPATING GOVERNMENTS.
2. THE FRG MINISTRY OF DEFENSE MAY ASSIGN UP TO THREE PROFESSIONAL
PERSONNEL PLUS NECESSARY SUPPORT AT NO EXPENSE TO THE U.S. GOVERNMENT
FOR SERVICE IN THE ASMD MISSILE SYSTEM PROJECT OFFICE. THE DUTIES OF
SUCH PERSONNEL SHALL BE TO ASSIST THE PROJECT MANAGER IN REACHING A
COMMON AND MUTUAL UNDERSTANDING OF THE NEEDS OF BOTH PARTICIPATING
GOVERNMENTS. THE U.S. GOVERNMENT SHALL PROVIDE, AT NO ADDITIONAL COST
TO THE FRG GOVERNMENT, SUITABLE OFFICE SPACE FOR SUCH PERSONNEL.
1. EACH PARTICIPATING GOVERNMENT WILL, WITHIN REASON AND UPON
REQUEST, PERMIT VISITS TO GOVERNMENT ESTABLISHMENTS, AGENCIES AND
LABORATORIES, AND CONTRACTORS' INDUSTRIAL FACILITIES IN WHICH THE WORK
UNDER THE COOPERATIVE PROJECT IS BEING PERFORMED, FOR THE PURPOSE OF
STUDYING SUCH WORK, BY PERSONNEL AUTHORIZED BY THE OTHER PARTICIPATING
GOVERNMENT WHO:
A. ARE EITHER ITS OWN EMPLOYEES OR EMPLOYEES OF ITS CONTRACTORS WHO
ARE CHARGED WITH SPECIAL TASKS WITHIN THE COOPERATIVE PROJECT; AND
B. HAVE THE APPROPRIATE SECURITY CLEARANCE.
THESE VISITS WILL BE CARRIED OUT IN SUCH MANNER AS NOT TO DELAY THE
WORK.
2. REQUESTS FOR VISITS PERMISSIBLE UNDER PARAGRAPH 1 BY PERSONNEL OF
ONE NATION TO AN ESTABLISHMENT OF THE OTHER NATION WILL BE COORDINATED
THROUGH THE PROJECT MANAGER. AFTER APPROVAL IN PRINCIPLE, A FORMAL
VISIT REQUEST FORWARDING THE REQUISITE CERTIFICATE OF SECURITY CLEARANCE
FOR THE PERSONNEL MAKING THE VISIT WILL BE TRANSMITTED TO THE HOST
NATION.
3. ALL SUCH VISITING PERSONNEL WILL COMPLY WITH ALL SECURITY
REGULATIONS AND ANY TRADE SECRETS AND PROPRIETARY TECHNICAL DATA
DISCLOSED TO VISITORS WILL BE TREATED AS IF SUPPLIED TO THE
PARTICIPATING GOVERNMENT SPONSORING THE VISITING PERSONNEL.
1. DURING THE VALIDATION PHASE THE PARTICIPATING GOVERNMENTS WILL
EXCHANGE INFORMATION ON ALL ASPECTS OF THE COOPERATIVE PROJECT WORK.
2. IN THE COMMON SECURITY INTEREST EACH PARTICIPATING GOVERNMENT
UNDERTAKES NOT TO TRANSFER TO ANY PERSON NOT AN OFFICER OR AGENT
(INCLUDING CONTRACTORS PERFORMING WORK IN CONNECTION WITH THIS
COOPERATIVE PROJECT) OF THAT PARTICIPATING GOVERNMENT, OR TO ANY OTHER
GOVERNMENT, TITLE TO OR POSSESSION OF ANY EQUIPMENT, MATERIAL, OR
TECHNICAL DATA FURNISHED BY THE OTHER PARTICIPATING GOVERNMENT UNDER
THIS MEMORANDUM WITHOUT THE PRIOR WRITTEN CONSENT OF THE FURNISHING
GOVERNMENT.
3. THE TECHNICAL INFORMATION TO BE MADE AVAILABLE BY EITHER
PARTICIPATING GOVERNMENT UNDER THIS SECTION AND SECTION VIII OF THIS
MEMORANDUM TO THE OTHER PARTICIPATING GOVERNMENT IS SOLELY FOR USE IN
MONITORING THE PROGRAM OF WORK OF THE VALIDATION PHASE DESCRIBED IN
SECTION III OF THIS MEMORANDUM AND IN THE INTEREST OF NATIONAL PLANNING
FOR THE INTRODUCTION OF THE ASMD MISSILE SYSTEM. ANY OTHER USE OF SUCH
TECHNICAL INFORMATION WILL BE THE SUBJECT OF SUBSEQUENT CONSULTATIONS
BETWEEN THE GOVERNMENTS AFTER COMPLETION OF THE VALIDATION PHASE.
4. ALL EXCHANGES OF INFORMATION UNDER THIS MEMORANDUM SHALL BE
ACCOMPLISHED THROUGH THE PROJECT MANAGER.
1. AS SOON AS PRACTICABLE AFTER ENTRY INTO EFFECT OF THIS MEMORANDUM
OF UNDERSTANDING, THE PROJECT MANAGER WILL FURNISH, TO THE FRG MINISTRY
OF DEFENSE, ALL REPORTS AND TECHNICAL DOCUMENTATION PREPARED WITH REGARD
TO STUDIES AND TESTS PREVIOUSLY PERFORMED BY THE U.S. NAVY RELATING TO
THE 5" ANTI-SHIP MISSILE DEFENSE PROGRAM, INCLUDING INFORMATION SUCH AS
WARHEAD EFFECTIVENESS STUDIES AND SPECIFICATIONS FOR THE MISSILE AND
LAUNCHER. THE PROJECT MANAGER SHALL ALSO THEN PROVIDE A REPORT WHICH
MAKES AN ASSESSMENT AS TO THE LIKELIHOOD OF ACHIEVING COMPLIANCE WITH
THE REQUIREMENTS AS SET FORTH IN SECTION II PARAGRAPH 1.
2. DURING THE COURSE OF THE VALIDATION PHASE, THE PROJECT MANAGER
WILL FURNISH TO THE FRG MINISTRY OF DEFENSE A PROGRESS REPORT AS OF JUNE
30TH AND DECEMBER 31ST OF EACH YEAR WITHIN 60 DAYS FOLLOWING THE END OF
THE REPORTING PERIOD. SUCH REPORT SHALL CONTAIN A DETAILED STATEMENT OF
THE PROGRESS MADE SINCE THE SUBMISSION OF THE LAST REPORT AND SUCH OTHER
RELATED TECHNICAL AND FINANCIAL INFORMATION AS MAY BE NECESSARY FOR A
FULL UNDERSTANDING OF THE STATUS OF THE PROJECT. THE FOREGOING SHALL
NOT PRECLUDE THE PARTICIPATING GOVERNMENTS FROM AGREEING THAT
INTERMEDIATE SPECIAL REPORTS RESPONSIVE TO SPECIFIC FRG MINISTRY OF
DEFENSE INFORMATION REQUESTS SHALL BE SUBMITTED.
3. A FINAL REPORT WILL BE PRESENTED TO E FRG MINISTRY OF DEFENSE AT
THE END OF THE VALIDATION PHASE. SUCH REPORT WILL INCLUDE COPIES OF
DOCUMENTATION SUCH AS SPECIFICATIONS, GENERAL ASSEMBLY DRAWINGS,
SKETCHES, SCHEMATIC DIAGRAMS AND PHOTOGRAPHS.
1. THE ESTIMATED TOTAL COST OF THE VALIDATION PHASE IS $17.0 MILLION
OF WHICH $10.5 MILLION IS AGREED, SUBJECT TO THE PROVISIONS OF PARAGRAPH
2, TO BE BORNE BY THE U.S. GOVERNMENT AND $6.5 MILLION IS AGREED TO BE
BORNE BY THE FRG GOVERNMENT. THESE AGREED SHARES WILL BE FUNDED BY THE
TWO GOVERNMENTS IN ACCORDANCE WITH THE FOLLOWING TABLE:
UNITED STATES (FY) $5.5M $2.0M $3.0M
FEDERAL REPUBLIC
OF GERMANY (CY) -0- $2.0M $4.5M
2. THE OBLIGATION OF THE U.S. GOVERNMENT TO PROVIDE ITS 1977
CONTRIBUTION IS DEPENDENT UPON THE AUTHORIZATION AND APPROPRIATION OF
FUNDS BY THE CONGRESS OF THE UNITED STATES.
3. THE FRG GOVERNMENT SHALL EFFECT THE PAYMENTS PURSUANT TO
PARAGRAPH 1 ABOVE BY DEPOSIT OF THE AMOUNTS THEREOF IN UNITED STATES OF
AMERICA DOLLARS INTO THE U.S. TREASURY. PAYMENTS OF THE U.S.
GOVERNMENT IN RESPECT OF THE FISCAL YEARS 1975 AND 1976 WERE EFFECTED
PRIOR TO ENTRY INTO FORCE OF THIS MEMORANDUM. PAYMENT BY THE U.S.
GOVERNMENT FOR ITS FISCAL YEAR 1977 CONTRIBUTION SHALL BE DEEMED TO HAVE
BEEN EFFECTED UPON RECEIPT BY THE PROJECT MANAGER OF A STATEMENT
INDICATING THAT FUNDS IN THE STATED AMOUNT ARE AVAILABLE FOR OBLIGATION
AND EXPENDITURE. THE CONTRIBUTION OF THE FRG GOVERNMENT FOR THE 1976
SHALL BE PAID WITHIN 30 DAYS AFTER ENTRY INTO EFFECT OF THIS MEMORANDUM.
THE CONTRIBUTION OF THE PARTICIPATING GOVERNMENTS FOR THE YEAR 1977
SHALL BE PAID WITHIN 60 DAYS AFTER COMMENCEMENT OF THEIR RESPECTIVE
FISCAL YEAR 1977.
4. IT IS NOTED THAT, AS OF THE OUTSET, OF THE VALIDATION PHASE, NO
CONTRIBUTION IS REQUIRED TO BE MADE BY THE FRG GOVERNMENT FOR THE COSTS
OF THE WORK OF THE VALIDATION PHASE PERFORMED IN THE UNITED STATES
FISCAL YEAR 1975. SHOULD THERE BE A NEED, BECAUSE OF UNFORSEEN
CIRCUMSTANCES, TO EXCEED THE $17 MILLION DOLLAR VALIDATION PHASE COST OR
SHOULD THE VALIDATION PHASE COST BE LESS THAN THE ESTIMATED TOTAL COST,
THE COST SHARING OF THE ADDITIONAL FUNDS OR THE DISTRIBUTION OF THE
UNEXPENDED FUNDS WILL BE DETERMINED BY MUTUAL AGREEMENT.
1. ALL CLASSIFIED MATERIAL AND INFORMATION EXCHANGED, HELD OR USED
IN CONNECTION WITH THIS PROJECT WILL BE STORED, HANDLED, TRANSMITTED AND
SAFEGUARDED IN ACCORDANCE WITH THE PROVISIONS OF THE SECURITY AGREEMENT
BETWEEN THE TWO GOVERNMENTS DATED 23 DECEMBER 1960.
THE FOLLOWING SECURITY RULES WILL APPLY:
A. THE PROJECT MANAGER WILL DRAW UP THE NECESSARY IMPLEMENTING
REGULATIONS AND ALL WILL EXERCISE SECURITY RESPONSIBILITY WITHIN THE
PROJECT OFFICE. THERE WILL BE NO AUTOMATIC RELEASE OF INFORMATION TO
NON-PARTICIPATING GOVERNMENTS. RELEASE OF SUCH INFORMATION WILL REQUIRE
APPROVAL OF THE PARTICIPATING GOVERNMENTS.
B. EACH PARTICIPATING GOVERNMENT WILL UNDERTAKE TO MAINTAIN THE
SECURITY CLASSIFICATIONS ASSIGNED TO INFORMATION OR MATERIAL BY THE
RELEASING PARTICIPATING GOVERNMENT AND WILL AFFORD TO SUCH INFORMATION
OR MATERIAL THE SAME DEGREE OF SECURITY PROTECTION PROVIDED BY THE
RELEASING PARTICIPATING GOVERNMENT.
C. THE PARTICIPATING GOVERNMENT IN WHOSE TERRITORY WORK IS CARRIED
OUT WILL DETERMINE THE SECURITY CLASSIFICATION TO BE APPLIED TO MATERIAL
AND INFORMATION ORIGINATING WITHIN THAT COUNTRY. IF ANY SUCH ITEM
CONTAINS OR DISCLOSES IDENTIFIABLE CLASSIFIED INFORMATION CONTRIBUTED BY
ANY OF THE PARTICIPATING GOVERNMENTS, THE SECURITY CLASSIFICATION OF
THAT ITEM WILL NOT BE LOWER THAN THE SECURITY CLASSIFICATION ASSIGNED TO
SUCH IDENTIFIABLE INFORMATION BY THE ORIGINATING PARTICIPATING
GOVERNMENT.
D. AT ANY FACILITY WHEREIN CLASSIFIED INFORMATION FURNISHED BY
ANOTHER PARTICIPATING GOVERNMENT IS TO BE USED, THE RECEIVING
PARTICIPATING GOVERNMENT SHALL DESIGNATE A PERSON OF SUFFICIENT
AUTHORITY TO EXERCISE EFFECTIVELY THE RESPONSIBILITIES FOR SAFEGUARDING,
AT SUCH FACILITY, THE INFORMATION PERTAINING TO THIS PROJECT. AFTER
CONSULTATION WITH THE APPROPRIATE SECURITY AGENCIES, THIS DESIGNATED
PERSON SHALL BE RESPONSIBILE FOR LIMITING ACCESS TO CLASSIFIED MATERIAL
INVOLVED IN THE PROJECT AND TO THOSE PERSONS WHO HAVE BEEN PROPERLY
CLEARED AND ARE UNDER A NEED-TO-KNOW OBLIGATION. NO PARTICIPATING
GOVERNMENT SHALL PROVIDE WITHOUT THE PRIOR CONSENT OF THE ORIGINATING
PARTICIPATING GOVERNMENT, INFORMATION FURNISHED BY THE ORIGINATING
PARTICIPATING GOVERNMENT TO ANY FACILITY WHOSE FINANCIAL,
ADMINISTRATIVE, POLICY OR MANAGEMENT CONTROL IS DIRECTED BY PERSONS OR
ENTITIES WHO ARE NATIONALS OR ANY NON-PARTICIPATING STATE.
SHOULD AN ADDITIONAL GOVERNMENT OR GOVERNMENTS DESIRE TO PARTICIPATE
IN THE COOPERATIVE PROJECT, THE PARTICIPATING GOVERNMENTS WILL CONSULT
TOGETHER AND, UPON MUTUAL AGREEMENT THAT SUCH EXPANDED PARTICIPATION IS
DESIRABLE AND APPROPRIATE, WILL JOINTLY NEGOTIATE WITH THE APPLICANT
GOVERNMENT REASONABLE AND EQUITABLE CONDITIONS OF SUCH PARTICIPATION.
1. THE PARTICIPATING GOVERNMENTS HAVE ENTERED INTO THIS MEMORANDUM
OF UNDERSTANDING WITH THE INTENTION OF CARRYING THROUGH THE VALIDATION
PHASE TO COMPLETION.
2. IF EITHER PARTICIPATING GOVERNMENT CONSIDERS IT NECESSARY TO
DISCONTINUE ITS PARTICIPATION IN THE VALIDATION PHASE THE FOLLOWING
PROVISIONS WILL APPLY:
A. ANY PROPOSAL FOR TERMINATION WILL BE SUBJECT TO IMMEDIATE
CONSULTATION BETWEEN THE PARTICIPATING GOVERNMENTS TO ENABLE THEM TO
FULLY EVALUATE THE CONSEQUENCES OF SUCH TERMINATION.
B. IF, AFTER SUCH CONSULTATION, THE REMAINING PARTICIPATING
GOVERNMENT DECIDES TO CONTINUE THE VALIDATION PHASE, THE TERMINATING
GOVERNMENT SHALL GIVE 90 DAYS WRITTEN NOTICE OF ITS INTENTION TO
TERMINATE UNILATERALLY, AND WILL CONTINUE ITS PARTICIPATIONS, FINANCIAL
AND OTHERWISE, IN THE VALIDATION PHASE UNTIL THE EXPIRATION OF THE SAID
PERIOD. THE TERMINATING GOVERNMENT WILL SUBMIT TO THE REMAINING
PARTICIPATING GOVERNMENT FINAL REPORTS ON THE STATUS OF WORK BEING
PERFORMED IN ITS COUNTRY AS OF THE EFFECTIVE DATE OF THE TERMINATION.
C. THE WITHDRAWING GOVERNMENT WILL NOT BE LIABLE FOR ANY PAYMENTS FOR
WORK CARRIED OUT UNDER THIS MEMORANDUM AFTER THE EXPIRATION OF THE
NOTICE PERIOD.
3. IF THE PARTICIPATING GOVERNMENTS AGREE TO DISCONTINUE THE
VALIDATION PHASE ON A BILATERAL BASIS, EACH PARTICIPATING GOVERNMENT
WILL BEAR ITS OWN TERMINATION COSTS AND THE PARTICIPATING GOVERNMENTS
WILL ENTER INTO ARRANGEMENTS SATISFACTORY TO BOTH GOVERNMENTS COVERING
THE OTHER TERMS ON WHICH THE VALIDATION PHASE WILL BE TERMINATED.
4. IF, IN THE EVENT OF TERMINATION, WHETHER UNILATERAL OR OTHERWISE,
EITHER OF THE PARTICIPATING GOVERNMENTS WISHES TO CONTINUE THE WORK
BEING PERFORMED IN A TERMINATING GOVERNMENT'S COUNTRY, THEN SUCH
TERMINATING GOVERNMENT WILL USE ITS GOOD OFFICES, SUBJECT TO ITS OWN
LAWS, POLICIES AND DEFENSE REQUIREMENTS, TO ENSURE THAT SUCH WORK IS
SATISFACTORILY PERFORMED. THE GOVERNMENT CONTINUING SUCH WORK WILL
ASSUME FULL LIABILITY FOR THE COSTS INCURRED IN CONTINUING THE WORK
INCLUDING FAIR AND REASONABLE MANAGEMENT COSTS. BY WAY OF
IMPLEMENTATION OF THE FOREGOING, THE U.S. GOVERNMENT AGREES THAT IN EACH
CONTRACT OR ARRANGEMENT FOR THE PERFORMANCE OF WORK WITHIN THE SCOPE OF
THE MEMORANDUM OF UNDERSTANDING THERE SHALL BE INCLUDED PROVISIONS
WHEREBY IN THE EVENT OF TERMINATION OF PARTICIPATION BY THE U.S.
GOVERNMENT, THE FRG GOVERNMENT AT ITS REQUEST SHALL BE SUBSTITUTED FOR
THE U.S. GOVERNMENT AS THE CONTRACTING GOVERNMENT UNDER SUCH CONTRACT OR
ARRANGEMENT.
THIS MEMORANDUM OF UNDERSTANDING AS WRITTEN IN BOTH THE ENGLISH AND
GERMAN LANGUAGE, EACH BEING EQUALLY BINDING, SHALL BECOME EFFECTIVE UPON
EXECUTION THEREOF BY BOTH GOVERNMENTS.
FOR THE REPUBLIC OF GERMANY
REPRESENTED BY THE FEDERAL
MINISTRY OF DEFENSE
22. JULY 1976
(DATE)
ITALY, REPUBLIC OF 9 JAN 1976 FLITE DOCUMENT NO. 7900026
AMENDMENT NO. 1 TO THE AGREEMENT BETWEEN THE UNITED STATES ARMY
EUROPE AND THE REPUBLIC OF ITALY EXECUTED 12 DECEMBER 1975 A4D 9 JANUARY
1976.
AMENDMENT REGARDING CHANGES AND ADDITIONS TO THE ENGLISH VERSION OF
AGREEMENT FOR THE USE OF THE INTER-SERVICE EXPERIMENTAL AND TRAINING
RANGE AT SALTO DI QUIRRA, SARDINIA.
TO THE AGREEMENT BETWEEN THE MINISTRY OF DEFENSE OF THE REPUBLIC OF
ITALY, REPRESENTED BY THE DIRECTOR GENERAL OF FACILITIES AND EQUIPMENT
FOR FLIGHT ASSISTANCE, AIR DEFENSE AND COMMUNICATIONS, AND HEADQUARTERS,
UNITED STATES ARMY, EUROPE AND SEVENTH ARMY, (USAREUR), REPRESENTED BY
THE DEPUTY CHIEF OF STAFF FOR LOGISTICS (DCSLOG), FOR THE USE OF THE
INTER-SERVICE EXPERIMENTAL AND TRAINING RANGE AT SALTO DI QUIRRA,
SARDINIA, BY USAREUR UNITS.
WHEREAS THE PREAMBLE TO THE ITALIAN VERSION OF THE AGREEMENT
ERRONEOUSLY INDICATES THAT HEADQUARTERS, UNITED STATES ARMY, EUROPE AND
SEVENTH ARMY, (USAREUR), IS REPRESENTED BY THE "VICE COMMANDANTE
(DCSLOG)" INSTEAD OF THE "SOTTOCAPO DI STATO MAGGIORE LOGISTICO
(DCSLOG)";
WHEREAS, IN ARTICLE 1, SUBPARAGRAPH 1.2-B OF THE ENGLISH VERSION OF
THE AGREEMENT, AFTER THE WORDS "GUARD AND SECURITY SERVICES" THE WORDS
"AT THE TRAINING AREA" HAVE BEEN OMITTED; AND
WHEREAS, IN ARTICLE 1, SUBPARAGRAPH 1.2E HAS BEEN OMITTED FROM THE
ENGLISH VERSION OF THE AGREEMENT;
NOW, THEREFORE IN CONSIDERATION OF THE PREMISES, THE PARTIES AGREE TO
AMEND THE AGREEMENT AS FOLLOWS:
1. THE PREAMBLE OF THE ITALIAN VERSION OF THE AGREEMENT IS AMENDED
BY STRIKING OUT THE WORDS: "VICE COMANDANTE" AND INSERTING IN LIEU
THEREOF THE WORDS: "SOTTOCAPO DI STATO MAGGIORE LOGISTICO".
2. ARTICLE 1, SUBPARAGRAPH 1.2B OF THE ENGLISH VERSION OF THE
AGREEMENT, IS AMENDED BY ADDING AFTER THE PHRASE "GUARD AND SECURITY
SERVICES" THE FOLLOWING: "AT THE TRAINING AREA".
3. ARTICLE 1, PARAGRAPH 1.2 OF THE ENGLISH VERSION OF THE AGREEMENT
IS AMENDED BY ADDING AT THE END THEREOF THE FOLLOWING SUBPARAGRAPH: "E.
THE COST OF MEALS PER INDIVIDUAL, EITHER BY DAY OR BY MEAL, IS TO BE
ESTABLISHED DURING THE LIAISON MEETING MENTIONED ABOVE."
FOR THE MINISTRY OF DEFENSE
OF THE ITALIAN REPUBLIC
12 DEC. 1975
ITALY, REPUBLIC OF 19 AUG 1976 FLITE DOCUMENT NO. 7900025
AMENDMENT NO. 1 EXECUTED 12 JULY AND 19 AUGUST 1976.
AMENDMENT REGARDING INCREASING THE NUMBER OF M-109G VEHICLES TO BE
COPRODUCED BY THE GOVERNMENTS OF ITALY AND THE UNITED STATES. AMENDS
ARRANGEMENT FOR THE COPRODUCTION OF THE 155MM HOWITZER, SP, M-109G, OF 1
FEBRUARY 1968.
TO THE ARRANGEMENT FOR THE COPRODUCTION OF THE 155MM HOWITZER, SP,
M-109G, DATED 1 FEBRUARY 1968.
WHEREAS, THE MINISTRY OF DEFENSE OF THE GOVERNMENT OF ITALY AND THE
DEPARTMENT OF DEFENSE OF THE GOVERNMENT OF THE UNITED STATES HAVE
ENTERED INTO AN ARRANGEMENT FOR COPRODUCTION OF THE 155MM HOWITZER, SP,
M-109G, DATED 1 FEBRUARY 1968; AND,
WHEREAS, BY A PRIOR EXCHANGE OF CORRESPONDENCE (24 APRIL 1972, 16
JULY 1973 AND 17 AUGUST 1973) BETWEEN THE ITALIAN GOVERNMENT AND THE
UNITED STATES GOVERNMENT, ACTING THROUGH THE DEFENSE SECURITY ASSISTANCE
AGENCY, AUTHORIZED THE NUMBER OF M-109G VEHICLES FOR COPRODUCTION TO BE
INCREASED FROM 196 TO 226, AND,
WHEREAS, THE GOVERNMENT OF ITALY HAS REQUESTED BY LETTER DATED 29
JANUARY 1976, THAT THE NUMBER OF 155MM HOWITZERS, SP, M-109G TO BE
COPRODUCED BE INCREASED TO A NUMBER TOTALING 258; AND,
WHEREAS, IT IS CONSIDERED IN THE BEST INTEREST OF BOTH GOVERNMENTS TO
AGREE TO FURTHER INCREASE THE NUMBER OF M-109G VEHICLES TO BE
COPRODUCED,
NOW, THEREFORE, IT IS AGREED, PURSUANT TO PARAGRAPH 25 OF SAID
ARRANGEMENT FOR COPRODUCTION OF THE 155 MM HOWITZER, SP, M-109G, THAT
PARAGRAPH 2 OF SAID AGREEMENT BE AND IS HEREBY AMENDED BY DELETING "196
M-109G VEHICLES" AND INSERTING IN PLACE THEREOF THE WORDS "258 M-109G
VEHICLES".
FOR THE MINISTRY OF DEFENSE
REPUBLIC OF ITALY
DIRECTOR GENERALE DELLA
MOTORIZZAZIONE E COMBUSTIBILI
(GEN. C D'A LUIGI SALATIELLO)
DATE: 12.7.1976
ICELAND 1 JUL 1976 FLITE DOCUMENT NO. 7900024
LICENSE AGREEMENT EXECUTED 1 JULY 1976.
LICENSE AGREEMENT TO REPRODUCE OR PERFORM ANY AND ALL OF THE MUSICAL
OR DRAMATIC WORKS WHICH SAMBAND TONSKALDA OG EIGENDA FLUTNINGARETTAR HAS
OR MAY HAVE THE RIGHT TO LICENSE.
THIS AGREEMENT, ENTERED INTO AS OF THE 1ST DAY OF JULY 1976, BY THE
GOVERNMENT OF THE UNITED STATES OF AMERICA (HEREINAFTER CALLED
GOVERNMENT), REPRESENTED BY THE OFFICER EXECUTING THIS AGREEMENT; AND
SAMBAND TONSKALDA OG EIGENDA FLUTHINGARETTAR (HEREINAFTER CALLED STEF)
WHOSE ADDRESS IS REYKJAVIK, ICELAND:
WHEREAS, STEF WARRANTS THAT IT HOLDS COPYRIGHTS, COPYRIGHT LICENSES,
POWERS OF ATTORNEY AND OTHER LEGAL INSTRUMENTS WHICH GIVE TO STEF THE
RIGHT TO GRANT LICENSES TO USE AND PERFORM MUSICAL AND DRAMATIC WORKS IN
ICELAND; AND
WHEREAS, THE UNITED STATES ARMED FORCES RADIO AND TELEVISION SERVICE
OR OTHER COMPONENTS OF THE U.S. ARMED FORCES MAY FROM TIME TO TIME USE
AND PERFORM IN ICELAND THE MUSICAL AND DRAMATIC WORKS WHICH STEF HAS A
RIGHT TO LICENSE OR MAY ACQUIRE THE RIGHT TO LICENSE DURING THE LIFE OF
THIS AGREEMENT; AND
WHEREAS, THIS AGREEMENT IS AUTHORIZED BY TITLE 10, UNITED STATES
CODE, SECTION 2386.
NOW, THEREFORE, IN CONSIDERATION OF THE PREMISES AND OF THE COVENANTS
AND UNDERTAKINGS HEREIN SET FORTH, THE PARTIES HERETO AGREE AS FOLLOWS:
ARTICLE I: STEF HEREBY GRANTS TO THE GOVERNMENT, ITS OFFICERS,
AGENTS, EMPLOYEES AND SERVANTS, TO THE FULL EXTENT OF STEF'S PRESENT OR
FUTURE POWER TO DO SO, A NON-TRANSFERABLE LICENSE TO REPRODUCE OR
PERFORM THROUGH RADIO, TELEVISION AND IN LIVE PERFORMANCES, IN PUBLIC OR
PRIVATELY, ANY AND ALL OF THE MUSICAL OR DRAMATIC WORKS WHICH STEF HAS
THE RIGHT TO LICENSE OR MAY ACQUIRE THE RIGHT TO LICENSE DURING THE
PERIOD OF THIS AGREEMENT. THIS LICENSE SHALL CONTINUE IN FULL FORCE AND
EFFECT FROM 1 JULY 1976 TO 30 JUNE 1979.
ARTICLE II: (A) IN FULL COMPENSATION FOR THE LICENSE GRANTED IN THIS
AGREEMENT THE GOVERNMENT AGREES TO PAY STEF THE SUM OF FIVE MILLION,
FOUR HUNDRED AND NINETY THOUSAND KRONUR (KR. 5,490,000.00) AFTER THIS
AGREEMENT HAS BEEN EXECUTED BY BOTH PARTIES. HOWEVER, SHOULD THE
TELEVISION OR RADIO AUDIENCE BE REDUCED OR OTHERWISE LIMITED IN
ACCORDANCE WITH AGREEMENTS CONCLUDED OR TO BE CONCLUDED BETWEEN THE
GOVERNMENT OF ICELAND AND THE COMMANDER ICELAND DEFENSE FORCE, STEF
AGREES TO REFUND TO THE GOVERNMENT WITHIN NINETY (90) DAYS AFTER THE
DATE SUCH LIMITING OR REDUCTION OCCURS, AS CONTEMPLATED BY THIS ARTICLE,
THE PROPORTIONATE TOTAL AMOUNT DUE FOR ALL FULL YEARS AND IN ADDITION
THERETO, THE PRORATA AMOUNT FOR ANY PARTIAL YEAR REMAINING ON SUCH
LICENSE AGREEMENT. SHOULD TELEVISION COVERAGE BE LIMITED TO THE AGREED
AREA THEN THE PRORATA REFUND SHALL BE 12.5% OF EACH YEAR'S LICENSE FEE
OR A PROPORTIONAL AMOUNT. THE TOTAL DERIVED BY THIS METHOD SHALL BE THE
AMOUNT DUE FOR SUCH PARTIAL YEAR. FOR THE PURPOSE OF THIS ARTICLE, A
FULL YEAR SHALL BE DEEMED TO COMMENCE AT 0001 HOURS ON THE 1ST DAY OF
JULY AND SHALL END AT 2400 HOURS ON THE 30TH DAY OF JUNE FOLLOWING.
(B) TO OBTAIN PAYMENT STEF SHALL SUBMIT SIGNED INVOICES IN TRIPLICATE
TO: COMMANDING OFFICER, U.S. NAVAL STATION, BOX 15, FPO NEW YORK 09571.
(C) PAYMENT WILL BE MADE BY MAIL OR OTHER FORM OF DELIVERY TO THE
PRINCIPAL OFFICE OF STEF IN THE CITY OF REYKJAVIK, ICELAND.
ARTICLE III: IN THE EVENT OF INCONSISTENCIES BETWEEN ANY TERMS OF
THIS AGREEMENT AND ANY TRANSLATIONS THEREOF INTO ANOTHER LANGUAGE, THE
ENGLISH MEANING SHALL PREVAIL.
ARTICLE IV: STEF AGREES THAT THE GOVERNMENT SHALL NOT BE ESTOPPED AT
ANY TIME TO CONTEST THE ENFORCEABILITY, VALIDITY, OR SCOPE OF OR TITLE
TO ANY COPYRIGHT OR PERFORMING RIGHT HEREIN LICENSED; BUT THIS
PROVISION SHALL NOT BE DEEMED TO MODIFY OR AVOID THE OBLIGATION OF THE
GOVERNMENT AS ELSEWHERE HEREIN PROVIDED.
ARTICLE V: NO MEMBER OF OR DELEGATE TO CONGRESS OR RESIDENT
COMMISSIONER SHALL BE ADMITTED TO ANY SHARE OR PART OF THIS AGREEMENT,
OR TO ANY BENEFIT THAT MAY ARISE THEREFROM; BUT THIS PROVISION SHALL
NOT BE CONSTRUED TO EXTEND TO THIS AGREEMENT IF MADE WITH A CORPORATION
FOR ITS GENERAL BENEFITS.
ARTICLE VI: STEF WARRANTS THAT NO PERSON OR SELLING AGENCY HAS BEEN
EMPLOYED OR RETAINED TO SOLICIT OR SECURE THIS CONTRACT UPON AN
AGREEMENT OR UNDERSTANDING FOR A COMMISSION, PERCENTAGE, BROKERAGE, OR
CONTINGENT FEE, EXCEPTING BONA FIDE EMPLOYEES OR BONA FIDE ESTABLISHED
COMMERCIAL OR SELLING AGENCIES MAINTAINED BY STEF FOR THE PURPOSE OF
SECURING BUSINESS.
ARTICLE VII: STEF WARRANTS THAT NO GRATUITIES (IN THE FORM OF
ENTERTAINMENT, GIFTS OR OTHERWISE) WERE OFFERED OR GIVEN TO ANY OFFICER
OR EMPLOYEES OF THE GOVERNMENT WITH A VIEW TOWARD SECURING A CONTRACT OR
SECURING FAVORABLE TREATMENT WITH RESPECT THERETO.
ARTICLE VIII: THIS AGREEMENT SHALL BE BINDING UPON STEF, ITS
SUCCESSORS AND ASSIGNS.
IN WITNESS WHEREOF, THE PARTIES WHERETO HAVE EXECUTED THIS CONTRACT
THIS 1ST DAY OF JULY 1976.
HONDURAS, REPUBLIC OF 30 AUG 1976 FLITE DOCUMENT NO. 7900023
ARRANGEMENT EXECUTED 30 AUGUST 1976.
ARRANGEMENT FOR HYDROGRAPHIC AND NAUTICAL CARTOGRAPHY OF PORTS AND
COASTAL WATERS OF THE REPUBLIC OF HONDURAS AND TO THE PUBLICATION OF
NAUTICAL CHARTS OF THE AREAS.
1. THE NATIONAL PORT AUTHORITY OF HONDURAS (ENP), REPRESENTED BY THE
MINISTRY OF ECONOMY, THE MINISTRY OF COMMUNICATIONS, PUBLIC WORKS AND
TRANSPORTATION REPRESENTING THE NATIONAL GEOGRAPHIC INSTITUTE (IGN) AND
THE DEPARTMENT OF DEFENSE OF THE UNITED STATES REPRESENTED BY THE U.S.
NAVAL OCEANOGRAPHIC OFFICE (NAVOCEANO), THE DEFENSE MAPPING AGENCY
HYDROGRAPHIC CENTER (DMAHC), THE DEFENSE MAPPING AGENCY INTER AMERICAN
GEODETIC SURVEY (DMA IAGS) AGREE UNDER THE TERMS OF THIS ARRANGEMENT TO
PARTICIPATE IN HYDROGRAPHIC SURVEYS OF THE PORTS AND COASTAL WATERS OF
THE REPUBLIC OF HONDURAS AND TO THE PUBLICATION OF NAUTICAL CHARTS OF
THESE AREAS. THIS JOINT COOPERATIVE EFFORT IS TO BE CONDUCTED UNDER THE
THEME OF THE HARBOR SURVEY ASSISTANCE PROGRAM (HARSAP) OF THE UNITED
STATES NAVAL OCEANOGRAPHIC OFFICE. THE PURPOSE OF HARSAP AND GENERAL
INSTRUCTIONS FOR CONDUCTING THE SURVEYS ARE PROVIDED IN ATTACHMENT (1)
AND FORM A PART OF THIS ARRANGEMENT.
2. UNDER THE TERMS OF THIS ARRANGEMENT AND SUBJECT TO THE
AVAILABILITY OF FUNDS, THE RESPONSIBILITIES OF THE PARTICIPATING
AGENCIES ARE AS FOLLOWS:
A. UNITED STATES DEPARTMENT OF DEFENSE PARTICIPATION:
(1) NAVOCEANO WILL PROVIDE:
(A) TECHNICAL ADVICE DURING PERIODIC VISITS TO HONDURAS BY THE HARSAP
COORDINATOR STATIONED IN THE PANAMA CANAL ZONE OR BY OTHER TECHNICAL
PERSONNEL AS AVAILABLE. DAILY CONTACT WITH THE HARSAP COORDINATOR CAN
ALSO BE MADE DURING NORMAL WORKING HOURS THROUGH THE DMA IAGS RADIO
NETWORKS.
(B) ADEQUATE TECHNICAL EQUIPMENT, AS AVAILABLE, FOR TEMPORARY USE IN
CONDUCTING THE HYDROGRAPHIC SURVEYS, INCLUDING THE MEASUREMENT OF SEA
CURRENTS AND THE GATHERING OF BOTTOM SAMPLES.
(C) THE NECESSARY SUPPLY OF TECHNICAL MATERIALS REQUIRED FOR
CONDUCTING THE HYDROGRAPHIC SURVEYS, SUCH AS BOAT SHEETS, SMOOTH SHEETS,
AND MISCELLANEOUS REFERENCE MANUALS AND PUBLICATIONS.
(D) TRAINING OF ENP PERSONNEL IN THE HYDROGRAPHIC DISCIPLINES IN
SUPPORT OF THE PROGRAMS AS RELATED TO THIS ARRANGEMENT.
(2) DMAIAGS WILL PROVIDE:
(A) IN-COUNTRY LIAISON WITH THE APPROPRIATE AGENCIES THROUGH THE
DMAIAGS PROJECT OFFICE IN HONDURAS.
(B) TECHNICAL ASSISTANCE BY A NAUTICAL CARTOGRAPHER IN THE
COMPILATION AND COLOR SEPARATION OF THE CHARTS TO BE PUBLISHED.
(C) MATERIALS REQUIRED FOR COMPILATION OF NAUTICAL CHARTS SUCH AS
SCRIBE COAT, MYLAR AND TYPE.
(D) LOGISTIC SUPPORT IN THE SHIPPING OF TECHNICAL MATERIALS AND
EQUIPMENT TO AND FROM HONDURAS.
(E) TRAINING OF IGN PERSONNEL IN THE CARTOGRAPHIC DISCIPLINES IN
SUPPORT OF THE PROGRAMS AS RELATED TO THIS ARRANGEMENT.
(3) DMAHC WILL PROVIDE:
(A) CHART PRODUCTION TECHNICAL ASSISTANCE IN THE FORM OF
RECOMMENDATIONS, COMMENTS, AND EDITORIAL REVIEW OF PROOFS FOR THE CHARTS
TO BE PUBLISHED BY IGN.
(B) RECOMMENDED STANDARD CHART SYMBOLS AND ABBREVIATIONS AS SHOWN IN
U.S. CHART NO. 1 (SPANISH EQUIVALENTS FOR ABBREVIATIONS TO BE
SUBSTITUTED OR ADDED, IF DESIRED, BY ENP AND IGN).
(C) REPRODUCTION OF SELECTED IGN CHARTS FOR INCORPORATION INTO THE
DMAHC DISTRIBUTION AND SALES SYSTEM.
(D) FOUR-HUNDRED (400) COPIES OF CHARTS OF HONDURAS PUBLISHED BY
DMAHC TO HONDURAS FREE OF CHARGE. (TWO-HUNDRED (200) COPIES FOR EACH
AGENCY PARTICIPATING UNDER THIS ARRANGEMENT).
B. REPUBLIC OF HONDURAS PARTICIPATION:
(1) THE NATIONAL PORT AUTHORITY WILL PROVIDE:
(A) A MINIMUM OF SEVEN (7) INDIVIDUALS, INCLUDING A SUPERVISOR, WHO
WILL RECEIVE THE NECESSARY TRAINING IN ORDER TO CONDUCT THE HYDROGRAPHIC
SURVEYS.
(B) SUITABLE BOAT OR BOATS TO BE USED IN CONDUCTING THE HYDROGRAPHIC
SURVEYS.
(C) FUEL, OIL, LUBRICANTS AND THE NECESSARY CREW FOR THE HYDROGRAPHIC
BOAT.
(D) OTHER AVAILABLE FACILITIES WHICH MAY HELP THE HYDROGRAPHIC GROUP
IN PERFORMING ITS MISSION.
(E) ARRANGEMENTS FOR DUTY-FREE CUSTOMS CLEARANCE OF TECHNICAL
EQUIPMENT AND MATERIALS INTO HONDURAS.
(F) REPAYMENTS OF EXPENSES INCURRED BY IGN IN ESTABLISHING THE
NECESSARY GEODETIC CONTROL, SUCH AS PER DIEM AND TRANSPORTATION, AND
OTHER EXPENSES MUTUALLY AGREED UPON BY ENP AND IGN.
(2) THE NATIONAL PORT AUTHORITY ASSUMES LIABILITY FOR THE LOSS OR
DAMAGE TO ANY TECHNICAL EQUIPMENT WHICH MAY BE MADE AVAILABLE PURSUANT
TO SUBPARAGRAPH 2.A (1) (B) ABOVE.
(3) THE NATIONAL GEOGRAPHIC INSTITUTE WILL PROVIDE:
(A) THE ESTABLISHMENT AND COMPUTATIONS OF THE NECESSARY GEODETIC
CONTROL REQUIRED FOR CONDUCTING THE HYDROGRAPHIC SURVEYS IN ACCORDANCE
WITH HONDURAS.' HYDROGRAPHIC AND NAUTICAL CHARTS PLAN.
(B) FACILITIES AND OFFICE PERSONNEL FOR THE COMPILATION AND COLOR
SEPARATION OF EACH NAUTICAL CHART.
(C) PRIOR TO PRINTING, A COLOR PROOF TO DMAHC THROUGH DMAIAGS FOR
EDITING. DMAHC WILL RETURN THE COLOR PROOF, THROUGH DMAIAGS TO IGN WITH
APPROPRIATE RECOMMENDATIONS.
(D) CORRECTED REPRODUCIBLE MATERIALS (REPROMAT) TO DMAHC IF REQUESTED
BY THAT AGENCY FOR PUBLICATION; ALSO ANY SUBSEQUENTLY ACQUIRED DATA
THAT MAINTAINS THE CHARTS UP-TO-DATE.
(E) A TOTAL OF TWELVE (12) COPIES OF EACH CHART PRODUCED UNDER THIS
ARRANGEMENT TO BE DISTRIBUTED AMONG NAVOCEANO, DMAIAGS, AND DMAHC.
3. THE AREAS TO BE SURVEYED WILL BE SELECTED BY THE EMPRESA NACIONAL
PORTUARIA AND THROUGH MUTUAL AGREEMENT WITH THE INSTITUTO GEOGRAFICO
NACIONAL WILL JOINTLY ACCOMPLISH THE WORK PROGRAM.
4. IGN WILL RETAIN ALL GEODETIC DATA AND COMPILATION/REPRODUCTION
MATERIALS, ENP WILL RETAIN ALL HYDROGRAPHIC/OCEANOGRAPHIC SURVEY DATA.
THE PERTINENT DATA WILL BE MADE AVAILABLE, WHEN REQUESTED, TO ALL
PARTICIPATING UNDER THIS ARRANGEMENT. NAVOCEANO WILL BE PROVIDED A
STABLE BASE COPY OF ALL SMOOTH SHEETS AT THE CONCLUSION OF EACH PROVIDED
SURVEY. RELATED INFORMATION FOR SAILING DIRECTIONS OR OTHER
PUBLICATIONS WILL ALSO BE PROVIDED TO NAVOCEANO AND DMAHC WILL BE
ACCORDED THE PRIVILEGES OF ACCESS TO THE ORIGINAL DATA IN THE FUTURE IF
THE NEED ARISES.
THE METRIC SYSTEM WILL BE USED ON CHARTS PREPARED FROM THESE SURVEYS.
THE CHARTS PUBLISHED BY DMAHC FROM DATA OBTAINED UNDER THIS
ARRANGEMENT SHALL BE BILINGUAL (ENGLISH AND SPANISH).
5. THE STATUS, PRIVILEGES, RIGHTS AND RESPONSIBILITIES OF UNITED
STATES PERSONNEL, WHO MAY BE PRESENT IN THE REPUBLIC OF HONDURAS
PURSUANT TO HIS ARRANGEMENT, AND THE PROCESSING AND SETTLEMENT OF
CLAIMS, WHICH MAY ARISE OUT OF THE ACTS OR OMISSIONS OF SUCH PERSONNEL
DONE IN THE PERFORMANCE OF OFFICIAL DUTY OR ANY OTHER ACT OR OMISSION OR
OCCURRENCE FOR WHICH A PARTICIPATING AGENCY OF THE UNITED STATES
DEPARTMENT OF DEFENSE MAY BE LEGALLY RESPONSIBILE, SHALL BE GOVERNED BY
THE APPLICABLE PROVISIONS OF THE VIENNA CONVENTION ON DIPLOMATIC
RELATIONS OF APRIL 18, 1961. UNITED STATES PERSONNEL PRESENT IN THE
REPUBLIC OF HONDURAS PURSUANT TO THIS ARRANGEMENT SHALL BE CONSIDERED
MEMBER OF THE ADMINISTRATIVE AND TECHNICAL STAFF OF THE UNITED STATES
MISSION IN THE REPUBLIC OF HONDURAS WITHIN THE MEANING OF THE VIENNA
CONVENTION ON DIPLOMATIC RELATIONS AND SHALL ENJOY THE PRIVILEGES AND
IMMUNITIES ACCORDED BY THE CONVENTION TO SUCH STAFF MEMBERS.
6. THIS ARRANGEMENT, OF WHICH TWO ORIGINAL VERSIONS IN ENGLISH AND
SPANISH OF EQUAL LEGAL STRENGTH ARE BEING SIGNED, SHALL TAKE EFFECT UPON
SIGNATURE BY REPRESENTATIVES OF ALL PARTICIPATING AGENCIES IN THE CITY
OF TEGUCIGALPA, CENTRAL DISTRICT ON MONDAY THIS 30TH DAY OF AUGUST 1976.
FOR THE GOVERNMENT OF HONDURAS
LIC. VICENTE DIAZ
MINISTER OF ECONOMY
DATE: AGASTO 30, 1976
MARIO FLORES THERESIN
LTC, INFANTRY
MINISTER OF COMMUNICATIONS
PUBLIC WORKS AND TRANSPORT.
DATE: AGASTO 30, 1976
1. INTRODUCTION.
1.1 BACKGROUND. THE HARBOR SURVEY ASSISTANCE PROGRAM (HARSAP)
PROVIDES FOR A U.S. NAVAL OCEANOGRAPHIC OFFICE (NAVOCEANO) MISSION TO
ASSIST OTHER GOVERNMENTS IN CONDUCTING HYDROGRAPHIC SURVEYS OF HARBORS,
HARBOR APPROACHES AND A COASTAL WATERS. THE PURPOSE OF THESE SURVEYS IS
TO OBTAIN INFORMATION FOR THE PUBLICATION OF ACCURATE NAUTICAL CHARTS
AND SAILING DIRECTIONS AND TO PROVIDE TECHNICAL TRAINING AND GUIDANCE TO
PERSONNEL OF THE PARTICIPATING GOVERNMENT.
1.2 PURPOSE OF INSTRUCTIONS. THESE INSTRUCTIONS PROVIDE TECHNICAL
GUIDANCE FOR CONDUCTING GEODETIC AND HYDROGRAPHIC SURVEYS UNDER THE
HARBOR SURVEY ASSISTANCE PROGRAM.
2. TECHNICAL REQUIREMENTS.
2.1 TECHNICAL OPERATIONS. THESE SURVEYS SHALL BE ACCOMPLISHED WITHIN
THE LIMITS OF ACCURACY AND IN ACCORDANCE WITH THE INSTRUCTIONS AND
PROCEDURES CONTAINED IN THE U.S. NAVAL OCEANOGRAPHIC OFFICE SPECIAL
PUBLICATION NO. 4 (SP-4), THE STANDARD OF THE INTERNATIONAL HYDROGRAPHIC
BUREAU (IBH), AND THE GEODETIC STANDARD OF THE PARTICIPATING NATION.
THOSE PARTS OF SP-4 REFERRED TO HEREIN ARE CONTAINED IN ANNEX A TO THIS
DOCUMENTS. THE METRIC SYSTEM WILL BE USED.
2.1.1 GEODETIC CONTROL. IF POSSIBLE, ANY CONTROL NET ESTABLISHED
SHOULD BE CONNECTED TO AT LEAST TWO STATIONS OF FIRST-ORDER
TRIANGULATION. IF FIRST-ORDER STATIONS ARE NOT AVAILABLE, TWO STATIONS
OF THE NEXT-HIGHEST ACCURACY SHOULD BE USED.
2.1.1.1 PRIMARY HORIZONTAL CONTROL. ALL PRIMARY TRIANGULATED AND
TRAVERSES ESTABLISHED SHALL CONFORM TO AT LEAST THIRD-ORDER ACCURACY
STANDARDS AS DESCRIBED IN SP-4 (A-10201 AND A-10202). ALL NEW STATIONS
SHALL BE REFERENCED AND MONUMENTED, INCLUDING SUB-SURFACE MARKS WHERE
PRACTICABLE, AND DESCRIBED IN ACCORDANCE WITH STANDARD PRACTICE.
2.1.1.2 SECONDARU HORIZONTAL CONTROL. STATIONS TO BE USED TO CONTROL
HYDROGRAPHIC AND AIDS TO NAVIGATION, SUCH AS LIGHTHOUSES, TANKS, ETC.,
SHALL BE OBSERVED IN ACCORDANCE WITH THIRD-ORDER STANDARDS.
ALL BUOYS SHOULD BE POSITIONED BY AT LEAST THREE CUTS FROM THE MAIN,
OR SECONDARY, CONTROL STATIONS.
TANGENTS SHALL BE OBSERVED TO ALL CLEARLY DEFINED POINTS ON SHORELINE
AND REEF, WITH PROPER DESCRIPTION AS TO DEBRIS, HIGH WATER LINE,
VEGETATION LINE, OR OTHER DESCRIPTIVE FEATURE.
2.1.1.3 PHOTOGRAMMETRIC CONTROL. THE LOCATION OF ALL CONTROL
STATIONS ESTABLISHED OR RECOVERED SHALL BE PHOTO-IDENTIFIED ON AERIAL
PHOTOGRAPHS. THESE CONTROL STATIONS ARE THE BASIS UPON WHICH THE FINAL
SHORELINE COMPILATIONS ARE MADE, AND ITS IS IMPERATIVE THAT THEY BE
PHOTO-IDENTIFIED, IN THE FIELD.
2.1.2 HYDROGRAPHY.
2.1.2.1 POSITION CONTROL. IF ELECTRONIC SURVEYING SYSTEMS ARE NOT
AVAILABLE, CONTROL FOR HYDROGRAPHIC DEVELOPMENT WILL BE BY THREE-POINT
SEXTANT FIX OR FROM AZIMUTH INSTRUMENT BEARINGS FROM SHORE STATIONS.
THE PROBABLE ERROR FOR EACH FIX USED FOR CONTROL OF SOUNDING LINES SHALL
NOT EXCEED 15 METERS AND NO LINE SHALL BE ACCEPTED THAT HAS MORE THAN
TWO CONSECUTIVELY REJECTED FIXES.
2.1.2.2 SOUNDINGS. SOUNDINGS SHALL BE OBTAINED BY CONTINUOUS
RECORDING ECHO-SOUNDINGS EQUIPMENT. DEPTH CHECKS SHALL BE TAKEN AT
LEAST TWO TIMES DURING EACH DAYS' OPERATIONS TO VERIFY ACCURACY OF ALL
SONAR DEPTH SOUNDINGS. EACH DEPTH CHECK SHALL CONSIST OF A SERIES OF
READINGS AT 3-METER OR 10-FOOT INTERVALS TO THE MAXIMUM PRACTICAL DEPTH
OBTAINABLE, NOT TO EXCEED THE MAXIMUM EXPECTED SOUNDING DEPTH FOR THAT
DAY. THE RESULTS OF THESE COMPARISON WILL BE ENTERED IN THE SOUNDING
JOURNALS.
CORRECTIONS FOR TRANSDUCER DEPTH, ZERO SETTING, CURRENT FREQUENCY
FLUCTUATION, AND TIDE SHALL BE ENTERED IN THE SOUNDING JOURNAL.
SOUNDINGS LINES SHALL HAVE A MINIMUM SPACING OF 6 MILIMETERS AT THE
SCALE OF DEVELOPMENT, EXCEPT WHERE DEPTH AND CHARACTER OF THE BOTTOM
WILL PERMIT WIDE SPACING. STANDARD SCALES WILL BE USED (SP-4),
(B-20303). NORMALLY, FIX INTERVAL AND SOUNDING INTERVAL WILL BE AS
FOLLOWS: HOWEVER, FIX INTERVALS SHOULD NOT EXCEED 2 TO 4 CENTIMETERS
AND THE SOUNDINGS INTERVAL SHOULD NOT EXCEED THE LINE SPACING:
SCALE OF DEVELOPMENT FIX INTERVAL SOUNDING INTERVAL
1:10,000 1 MIN 15 SEC 1:25,000 3 MIN 30 SEC 1:40,000 5 MIN 1 MIN
CROSS CHECK LINES SHALL BE RUN NORMAL TO THE DIRECTION OF THE REGULAR
SOUNDING LINES AND AT INTERVALS NO GREATER THAN 7.5 CENTIMETERS AT THE
SCALE OF DEVELOPMENT. AGREEMENT AT INTERSECTIONS OF CHECK SOUNDINGS AND
REGULAR SOUNDINGS SHALL BE WITHIN-- 0.5 METERS FROM 0 TO 21 METERS,-- 1
METER FROM 21 TO 100 METERS, AND-- 1 O/O FOR ALL DEPTHS GREATER THAN 100
METERS. ANY WHICH DOES NOT MEET THE ABOVE CRITERIA SHALL BE RESOUNDED.
ON COMPLETION OF AREA DEVELOPMENT, A RECOMMENDED CHANNEL WILL BE
SELECTED AND A MINIMUM OF FOUR SOUNDING LINES SHALL BE RUN ALONG ITS
ENTIRE LENGTH.
2.1.2.3 SURVEY OF PIERS. HAND LEAD SOUNDINGS SHALL BE TAKEN EVERY 6
METERS ALONG THE FACE OR PIERS, USING TAPED DISTANCES. ADDITIONAL LINES
OF SOUNDINGS SHALL BE RUN PARALLEL TO THE PIERS AT DISTANCES OF 6, 12 Y
18 METERS. PIER DIMENSIONS AND THE AZIMUTH OF THE AXIS OF PIERS SHALL
BE CAREFULLY MEASURED.
2.1.2.4 SHOAL INVESTIGATION. THE AREA WHERE A SHOAL IS FOUND OR
WHERE THE EXISTENCE OF A SHOAL IS SUSPECTED SHALL BE SOUNDED BY A SERIES
OF CLOSELY SPACED LINES UNTIL IT IS CERTAIN THAT THE LEAST DEPTH HAS
BEEN FOUND AND ACCURATELY POSITIONED.
2.1.3 TIDE OBSERVATIONS. IF A PERMANENT TIDE GAGE IS NOT LOCATED IN
THE VICINITY, A PORTABLE TIDE GAGE SHALL BE ESTABLISHED AND MAINTAINED
THROUGHOUT THE SURVEY PERIOD (AT LEAST 29 DAYS). ALL SOUNDINGS SHALL BE
REFERENCED TO THE SAME TIDAL DATUM AS THAT OF THE LARGEST SCALE CHART IN
THE AREA.
A TIDE STAFF SHOULD BE ESTABLISHED WITH ANY PORTABLE GAGE AND TIED OR
TWO OR MORE BENCH MARKS BY DIFFERENTIAL LEVELING. ALL LEVELING SHALL BE
IN ACCORDANCE WITH STANDARD FOR THIRD-ORDER ACCURACY (SP-4, A-10303),
AND LEVEL LINE SHALL BE DOUBLE RUN OR CLOSED LOOPS.
2.1.4 BOTTOM SAMPLES. BOTTOM SAMPLES SHALL BE OBTAINED AT 7.5
CENTIMETER SQUARE INTERVALS AT THE SCALE OF DEVELOPMENT TO A DEPTH OF 31
METERS. THE BOTTOM SAMPLES DATA RECORDS MUST BE CORRELATED BY A FIX
NUMBER ON THE BOAT SHEET AND THE SOUNDING JOURNAL, AND MUST IDENTIFY THE
TYPE OF SEDIMENT.
2.1.5 CURRENT OBSERVATIONS. CURRENT OBSERVATIONS SHALL BE MADE IN
THE SHIP CHANNELS AND IN OTHER AREAS INDICATED IN THE SURVEYS
SPECIFICATIONS. FOR EACH CURRENT STATIONS, AT LEAST 48 HOURS OF
CONTINUOUS OBSERVATIONS ARE TO MADE DURING THE PERIODS OF SPRINGS AND
NEAP TIDE. PREFERABLY, THE CURRENT METER SHALL BE SUBMERGED TO ONE-HALF
THE DRAFT OF THE LARGEST SHIP ENTERING THE HARBOR.
2.1.6 AID AND DANGER TO NAVIGATION. DANGERS DISCOVERED DURING THE
SURVEY SHALL BE REPORTED BY MESSAGE TO THE U.S. NAVAL OCEANOGRAPHIC
OFFICE, WASHINGTON, D.C.
2.1.6.1 SAILING DIRECTIONS. COMPLETE NEW SAILINGS DIRECTIONS FOR
HARBOR AND APPROACHES SHALL BE WRITTEN. EXISTING SAILING DIRECTIONS FOR
THE SURVEY AREA SHOULD BE USED AS A GUIDE IN PREPARING THE NEW
DIRECTIONS. PHOTOGRAPHS OF COASTS, HARBOR APPROACHES (INCLUDING PORT
PANORAMAS) LANDMARKS, AND NAVIGATIONAL FEATURES AND AIDS WILL BE TAKEN
TO FULFILL REQUIREMENTS FOR THE SAILING DIRECTIONS.
3. DATA REDUCTION REPORTS.
3.1 DATA REDUCTION. RECORDS OF ALL SURVEY AND OBSERVATIONAL DATA
OBTAINED SHALL BE PROCESSED AS RAPIDLY AS POSSIBLE AND TO THE FULLEST
DEGREE PRACTICABLE WITH THE OBJECT OF IDENTIFYING, IN THE SCENE, ANY
WORK THAT MUST BE REPEATED BECAUSE OF FAILURE TO MEET DESIRED STANDARDS.
A-10201 TRIANGULATION.
(1) THE LIMITS OF ACCURACY REQUIRED FOR FIRST, SECOND AND THIRD-ORDER
TRIANGULATION ARE LIESTED IN THE FOLLOWING TABLE:
ITEM FIRST SECOND THIRD
STRENGTH OF FIGURE:
DESIRABLE LIMIT, R1 BETWEEN
BASES 80 100 125
MAXIMUM LIMIT, R1 BETWEEN
BASES 110 130 175
DESIRABLE LIMIT, R1 SINGLE
FIGURE 15(R2=50) 25 (R2=80) 25 (R2=120)
MAXIMUM LIMIT, R1 SINGLE
FIGURE 25 (R2=80) 40 (R2=120) 50 (R2=150)
DISCREPANCY BETWEEN
COMPUTED LENGTH AND MEASURED LENGTH OF BASE OR ADJUSTED LENGTH OF
CHECK LINE, NOT TO EXCEED 1
IN 25,000 1 IN 10,000 1 IN 5,000
TRIANGLE CLOSURE:
AVERAGE, NOT TO EXCEED 1 SEC 3 SEC 5 SEC
MAXIMUM, NOT TO EXCEED 3 SEC 5 SEC 10 SEC
SIDE CHECKS:
REGULAR QUADRILATERALS.
MAXIMUM DIFFERENCE OF SIDES IN UNIT OF DIFF. OF 1 SEC. IN SIXTH
PLACE OF LOG SINE OF SMALLEST
ANGLE INVOLVED. 2 TIMES DIF 4 TIMES DIF
SIDE EQUATION TEST:
APPROXIMATE AVERAGE
CORRECTION TO A DIRECTION, NOT TO EXCEED 0.4 SEC 0.8 SEC
BASE MEASUREMENT:
PROBABLE ERROR OF 1 IN 1 IN 1 IN
BASE NOT TO EXCEED 1:000,000 500,000 250,000
DISCREPANCY BETWEEN
TWO MEASURES OF A SECTION NOT TO EXCEED 10 MM 20MM 25 MM
ASTRONOMICAL AZIMUTH,
PROBABLE ERROR OF RESULT NOT TO EXCEED 0.3 SEC 0.5 SEC 2.0 SEC
1.2
CLASSES III AND II U.S. TRIANGULATION STANDARDS FOR FIRST AND SECOND
ORDERS.
A-10202 TRAVERSE.
(1) CONTROL SURVEYS BY TRAVERSE SGOULD BE EXECUTED WITH AN ACCURACY
COMPARABLE WITH THAT OF TRIANGULATION OF A CORRESPONDING GAGE. THE
LIMITS OF ACCURACY FOR FIRST- SECOND AND THIRD- ORDER ARE GIVEN BELOW:
ITEM FIRST SECOND THIRD
CLOSING ERROR IN POSITION, 1 IN 1 IN 1 IN
NOT TO EXCEED 25,000 10,000 5,000
PROBABLE ERROR OF MAIN
SCHEME ANGLES 1.5 SEC 3.0 SEC 6.0 SEC
NUMBER OF STATIONS BETWEEN
ASTRONOMICAL AZIMUTHS 10 TO 15 15 TO 25 20 TO 35
CORRECTION FOR AZIMUTH
CLOSURE DISCREPANCY PER MAIN ANGLE 1.0 SEC 2.0 SEC 5.0
ASTRONOMICAL AZIMUTH,
PROBABLE ERROR OR RESULT 0.5 SEC 2.0 SEC 5.0 SEC
B-20303 SCALE OF SURVEY
(1) IN GENERAL NEVER LESS THAN THAT OF THE PUBLISHED CHART AND
PREFERABLY.
(2) FOR RIVERS, LAKES, HARBORS, CHANNELS, AND PILOT WATERS:
(A) MULTIPLES OF 1:1000 FOR SCALES TO 1:10,000
(B) MULTIPLES OF 1:25000 FOR SCALES FROM 1:10,000 TO 1:20,000
(3) FOR COAST AND OCEANS:
(A) DEPTHS GENERALLY LESS THAN 60 METERS: 1.50.00 OR LARGER
(B) DEPTHS GENERALLY LESS THAN 200 METERS: 1:100,000 OR LARGER
(C) DEPTHS GENERALLY GREATER THAN 200 METERS: 1:250,000 OR LARGER
A-10303 THIRD-ORDER LEVELING.
(1) THIRD-ORDER LEVELING MAY BE USED IN SUBDIVIDING LOOPS OF
FIRST-ORDER OR SECOND-ORDER LEVELING, WHERE ADDITIONAL CONTROL, MAY BE
REQUIRED. THIRD-ORDER LINES SHOULD NOT EXTEND MORE THAN 30 MILES FROM
LINES OF FIRST OR SECOND ORDER; THEY MAY BE SINGLE-RUN LINES BUT MUST
ALWAYS BE LOOPS OR CIRCUITS CLOSED UPON LINES OF EQUAL OR HIGHER ORDER.
CLOSING CHECKS ARE NOT TO EXCEED 12 MM KILOMETERS IN CIRCUITS OR 0.05
FOOT MILES IN CIRCUIT.
PORTUGAL 24 MAY 1976 FLITE DOCUMENT NO. 7900022
LETTER OF AGREEMENT EXECUTED 24 MAY 1976.
AGREEMENT TO ESTABLISH PROCEDURES FOR THE SECURITY OF THE PORT AREA
OF PRAIA DA VITORIA.
SUPPLEMENTS AGREEMENT FOR THE OPERATION OF THE PORT OF PRAIA DA
VITORIA BETWEEN THE UNITED STATES AND PORTUGAL.
1. GENERAL.
A. THE PURPOSE OF THIS PLAN IS TO ESTABLISH PROCEDURES FOR SECURITY
OF THE PORT AREA OF PRAIA DA VITORIA, OF MILITARY INTEREST TO THE U.S.,
AND TO SAFEGUARD PERSONNEL, PREVENT UNAUTHORIZED ACCESS TO EQUIPMENT,
MATERIAL, AND DOCUMENTS, AND TO SAFEGUARD THEM AGAINST ESPIONAGE,
SABOTAGE, DAMAGE, OR THEFT. THIS AGREEMENT SUPPLEMENTS THE BILATERAL
AGREEMENT BETWEEN THE COMMAND OF THE AZORES AIR ZONE AND THE COMMAND OF
THE U.S. FORCES AZORES FOR THE OPERATION OF THE PORT OF PRAIA DA
VITORIA.
B. SITUATION:
(1) THE MTMCTTU IS A TENANT UNIT OF THE 1605TH AIR BASE WING (MAC)
WHICH IN TURN IS A GUEST OF THE PORTUGUESE GOVERNMENT. ALL STRUCTURES
AND FACILITIES ARE THE PROPERTY OF THE HOST GOVERNMENT AND
RESPONSIBILITY FOR SECURITY OF ALL AREAS OF THE TERMINAL IS A JOINT
RESPONSIBILITY OF THE U.S. FORCES AZORES AND THE HOST GOVERNMENT.
(2) THE PORT IS UTILIZED JOINTLY BY U.S. AND PORTUGUESE MILITARY
FORCES, COMMERCIAL FISHERMEN, COMMERCIAL SHIPPING FIRMS, AND FLOATING
CRAFT WITH OFFICIAL CLEARANCE TO VISIT THE AZORES.
(3) THE TERMINAL, WITH THE EXCEPTION OF PRESCRIBED, RESTRICTED, OR
CONTROLLED AREAS, IS OPEN TO PORTUGUESE CIVILIANS.
2. SECURITY MEASURES:
A. VESSEL NOT ON BERTH (ATCH 1).
B. U.S. CARGO VESSEL ON BERTH (ATCH 2).
C. TANKER (USNS) ON BERTH (ATCH 3).
D. PORTUGUESE CARGO VESSEL ON BERTH (ATCH 4).
FRANCISCO JOSE ROSA
BRIGADEIRO
AVIATION PILOT
COMMANDER, AZORES AIR ZONE
GENERAL SECURITY MEASURES-- IN FORCE WHEN A VESSEL IS NOT ON BERTH
1. PERIMETER BARRIERS:
A. AN 8 FOOT HIGH CHAIN LINK FENCE SURROUNDS THE ENTIRE LAND PORTION
OF THE PERIMETER.
B. BILINGUAL SIGNS WILL BE PLACED ON THE PERIMETER FENCE STATING THAT
THE PORT IS A MILITARY FACILITY ESTABLISHING AUTHORITY TO CLOSE ACCESS
TO THE PORT AS REQUIRED.
C. THE SIGNS WILL BE A MINIMUM OF 3 1/2 X 4 1/2 FEET PAINTED WITH
WHITE BACKGROUND AND BLACK LETTERS, EXCEPT THE WORD RESTRICTED WILL BE
PAINTED IN RED.
D. ACCESS GATES. THERE ARE TWO ACCESS GATES TO THE PORT AREA: THE
MAIN GATE AND THE SERVICE GATE. BOTH GATES MAY BE USED WHEN A VESSEL IS
NOT ON BERTH, HOWEVER, THE SERVICE GATES WILL REMAIN CLOSED ON WEEKENDS,
HOLIDAYS, AND AFTER NORMAL DUTY HOURS.
2. GUARD FORCE:
A. GUARDS WILL BE CIVILIAN NATIONAL PERSONNEL PROVIDED BY
PORTUGUES/AMERICAN AGREEMENT.
B. A TOTAL OF 8 GUARDS WILL BE PROVIDED. SHIFTS WILL CHANGE EVERY 8
HOURS WITH TWO GUARDS ON DUTY AT ALL TIMES.
C. GUARDS WILL WEAR DESIGNATED GREEN UNIFORMS AND WILL BE EQUIPPED
WITH 18 INCH WOODEN BATONS.
D. GUARD POSTS #1 AND #2 WILL BE MANNED DURING GENERAL SECURITY
MEASURES; SEE ATTACHMENTS 5 AND 6 FOR GUARD DUTIES.
3. ACCESS TO PORT FACILITIES:
A. AMERICAN AND PORTUGUESE PERSONNEL WILL BE PERMITTED IN THE GENERAL
PORT AREA WHEN A VESSEL IS NOT ON BERTH, EXCEPTED AS LISTED BELOW:
(1) POL PIER.
(A) THE PIER IS A RESTRICTED AREA. ONLY PERSONNEL LISTED BELOW WILL
BE GRANTED ACCESS:
1. PERSONNEL ON OFFICIAL BUSINESS ARE AUTHORIZED ACCESS IAW
ATTACHMENT 8.
2. PERSONNEL AUTHORIZED TO UTILIZE PIER FOR FISHING. U.S.
PERSONNEL MUST POSSESS AN
OFFICIAL PIER PASS ISSUED BY THE MTMCTTU HARBOR MASTER. PORTUGUESE
PERSONNEL MUST POSSESS AN
OFFICIAL PIER PASS ISSUED BY AIR BASE #4.
(2) EQUIPMENT AND VESSELS. ONLY PERSONNEL ON OFFICIAL BUSINESS WILL
BE PERMITTED ACCESS TO
UNIT EQUIPMENT AND VESSELS. EQUIPMENT AND VESSELS WILL ONLY BE
OPERATED BY DULY LICENSED
PERSONNEL.
(3) BUILDINGS AND FACILITIES.
(A) ONLY PERSONNEL ON OFFICIAL BUSINESS WILL BE PERMITTED ACCESS TO
UNIT BUILDINGS AND
FACILITIES.
(B) THE UNIT MAIL ROOM IN BUILDING #1207 IS A CONTROLLED AREA. ONLY
PERSONNEL AUTHORIZED
ON OFFICIAL UNIT ORDERS AS AUTHORIZED ACCESS WILL BE PERMITTED TO
ENTER THE MAIL ROOM.
(4) PARKING. POV PARKING WILL BE IN DESIGNATED AREAS ONLY, SEE
ATTACHMENT 9 FOR AUTHORIZED
PARKING AREAS.
(5) SECURITY PATROLS. THE 1605TH ABW SECURITY POLICE WILL CONDUCT
UNANNOUNCED AND
NON-SCHEDULED PATROLS ON WEEKENDS, HOLIDAYS, AND AFTER NORMAL DUTY
HOURS TO INSURE BUILDINGS
AND FACILITIES ARE SECURE AND THIS PLAN IS BEING ENFORCED IAW THE US
ARMY AND US AIR FORCE
INTERSERVICE SUPPORT AGREEMENT.
SPECIFIC SECURITY MEASURES-- IN FORCE WHEN A US CARGO VESSEL IS ON
BERTH
1. PERSONNEL. ONLY PERSONNEL REQUIRED FOR OFFICIAL BUSINESS WILL BE
PERMITTED ACCESS TO THE PORT AREA IAW ATTACHMENT 8.
2. PRIVATELY OWNED VEHICLES. POVS WILL NOT BE PERMITTED IN THE
CARGO WORKING AREA, SEE ATTACHMENT 10 FOR AUTHORIZED PARKING AREAS.
3. GUARDS. GUARDS WILL MAN POSTS #1 AND #3 WITH ADDITIONAL DUTIES
AS LISTED ON ATTACHMENTS 5 AND 7.
4. CARGO.
A. CARGO CHECKING. CARGO WILL BE CHECKED EITHER ON THE PIER OR ON
THE QUAY. ONCE
CHECKED, EXCEPT ITEMS OF HIGHER DOLLAR VALUE AND ITEMS THAT PROVIDE
EASY TARGETS OF
OPPORTUNITY FOR FURTHER PILFERAGE, CARGO WILL BE LOADED ON TRACTOR
TRAILERS AND ESCORTED BY
MILITARY VEHICLE TO THE UNIT INTRANSIT WAREHOUSE BUILDING T-751.
EXCEPTED ITEMS WILL BE
PLACED IN THE SECURITY CAGE IN BUILDING T-1214 AND DELIVERED DIRECTLY
TO THE CONSIGNEES ON
TRACTOR TRAILERS ESCORTED BY MILITARY VEHICLE AT EARLIEST
OPPORTUNITY.
B. CARGO STORAGE. UPON ARRIVAL AT THE INTRANSIT WAREHOUSE THE CARGO
WILL BE SEPARATED AND
STORED BY CONSIGNEE, SEE UNIT SOPS.
C. ACCESS TO UNIT WAREHOUSE. ACCESS IS LIMITED TO THOSE PERSONNEL
WITH OFFICIAL BUSINESS
(IDENTIFIED BY CONSIGNEE SIGNATURE CARDS).
D. SECURITY CAGE. THE SECURITY CAGE IS A CONTROLLED AREA. ACCESS IS
LIMITED TO ON DUTY
US ARMY PERSONNEL AND AIR BASE NO. 4 EMPLOYEES UNDER US MILITARY
SUPERVISION ONLY. THE
SECURITY CAGE WILL NOT BE LEFT UNATTENDED BY US MILITARY PERSONNEL
WHEN NOT SECURED (LOCKED).
E. AUDIT TRAIL. A COMPLETE AUDIT TRAIL WILL BE MAINTAINED ON ALL
CARGO UTILIZING A TCMD.
5. ACCESS GATES. THE SERVICE GATE WILL REMAIN LOCKED AT ALL TIMES
WHEN A VESSEL IS ON BERTH. THE MAIN GATE WILL BE THE ONLY ACCESS TO THE
PORT AREA.
SPECIFIC SECURITY MEASURES-- IN FORCE WHEN A TANKER IS ON BERTH
1. PERSONNEL. ONLY PERSONNEL REQUIRED FOR OFFICIAL BUSINESS WILL BE
PERMITTED ACCESS TO THE PORT AREA IAW ATTACHMENT 8.
2. PRIVATELY OWNED VEHICLES. POVS WILL NOT BE PERMITTED IN THE
CARGO WORKING AREA; SEE ATTACHMENT 9 FOR AUTHORIZED PARKING AREAS.
3. EQUIPMENT. ONLY EQUIPMENT WITH USAF APPROVED SPARK ARRESTORS ARE
PERMITTED ON THE POL PIER WHEN A TANKER IS ON BERTH.
4. CARGO. CARGO WILL BE CONTROLLED BY THE 1605TH ABW FUELS
MANAGEMENT OFFICE.
5. ACCESS GATES. THE SERVICE GATE WILL REMAIN LOCKED AT ALL TIMES
WHEN A TANKER IN ON BERTH. THE MAIN GATE WILL BE THE ONLY ACCESS TO THE
PORT.
6. GUARDS. GUARDS WILL MAIN POSTS #1 AND #2, WITH ADDITIONAL DUTIES
AS LISTED AT ATTACHMENTS 5 AND 6.
SPECIFIC SECURITY MEASURES-- IN FORCE WHEN A PORTUGUES CARGO VESSEL
IS ON BERTH
1. PERSONNEL. ONLY PERSONNEL WITH OFFICIAL BUSINESS WILL BE
PERMITTED ACCESS TO THE PORT AREA IAW ATTACHMENT 8.
2. PRIVATELY OWNED VEHICLES. POVS ARE NOT PERMITTED IN THE CARGO
WORKING AREA; SEE ATTACHMENT 10 FOR AUTHORIZED PARKING AREAS.
3. GUARDS. GUARDS WILL MAN POSTS #1 AND #3, WITH ADDITIONAL DUTIES
AS LISTED ON ATTACHMENTS 5 AND 7.
4. CARGO.
A. CARGO CHECKING. CARGO WILL BE CHECKED ON THE HARDSTAND AREA.
ONCE CHECKED IT WILL BE PLACED ON TRACTOR TRAILERS AND ESCORTED BY
MILITARY VEHICLE TO THE CONSIGNEE. IF CARGO CANNOT BE SHIPPED THE SAME
DAY IT WILL BE PLACED IN THE UNIT INTRANSIT WAREHOUSE BUILDING T-1214 IN
THE SECURITY CAGE UNTIL DELIVERY CAN BE ACCOMPLISHED.
B. ACCESS TO UNIT WAREHHOUSE. ACCESS IS LIMITED TO THOSE PERSONNEL
WITH OFFICIAL BUSINESS (IDENTIFIED BY CONSIGNEE SIGNATURE CARDS).
C. SECURITY CAGE. THE SECURITY CAGE IS A CONTROLLED AREA. ACCESS IS
LIMITED TO ON DUTY US ARMY PERSONNEL AND AIR BASE NO. 4 EMPLOYEES UNDER
US MILITARY SUPERVISION ONLY. THE SECURITY CAGE WILL NOT BE LEFT
UNATTENDED BY US MILITARY PERSONNEL WHEN NOT SECURED (LOCKED).
D. AUDIT TRAIL. A COMPLETE AUDIT TRAIL WILL BE MAINTAINED AT ALL
TIMES UTILIZING THE TCMD.
E. COMMERCIAL CARGO. COMMERCIAL CARGO MAY BE TEMPORARILY WAREHOUSED
IN BUILDING T-1214, BUT WILL NOT BE PLACED IN THE SECURITY CAGE WITHOUT
THE SPECIFIC APPROVAL OF THE CHIEF, OPERATIONS DIVISION.
5. ACCESS GATES. THE SERVICE GATE WILL REMAIN LOCKED AT ALL TIMES
WHEN A VESSEL IS ON BERTH. THE MAIN GATE WILL BE THE ONLY ACCESS TO THE
PORT.
6. PASSENGER.
A. INGRESS AND EGRESS TO THE VESSEL. PASSENGERS WILL BE PERMITTED TO
MOVE THROUGH THE CARGO WORKING AREAS PRIOR TO ACTUAL CARGO OPERATIONS
AND FOLLOWING COMPLETION OF ACTUAL CARGO OPERATIONS ONLY. NO CARGO WILL
BE HANDLED OVER THE PIER WHILE PASSENGERS ARE ALSO UTILIZING IT; SEE
ATTACHMENT 10 FOR AUTHORIZED INGRESS AND EGRESS PATHWAY.
B. ASSISTANCE WITH BAGGAGE. UNIT TOW MOTORS MAY BE USED TO ASSIST
PASSENGERS WITH TRANSPORTATION OF THEIR BAGGAGE TO AND FROM THE VESSEL
AND THE AUTHORIZED PARKING AREAS.
POST NUMBER 1 IS A STATIONARY POST DURING DUTY HOURS. DURING
NON-DUTY HOURS BOTH STATIONARY AND ROVING DUTIES ARE REQUIRED.
A. GENERAL DUTIES WHEN NO VESSEL ON BERTH:
1. INSURE NO UNAUTHORIZED PERSONNEL ARE IN UNAUTHORIZED AREAS.
2. INSURE NO SAFETY OR FIRE HAZARDS ARE PRESENT BEFORE ASSUMING
DUTIES.
3. CHECK UNIT BUILDING, FACILITIES, AND EQUIPMENT ON A NON-SCHEDULED
BASIS, AT LEAST ONCE EVERY 2 HOURS, ON WEEKENDS, HOLIDAYS, AND AFTER
NORMAL DUTY HOURS.
4. INSURE BY VISUAL INSPECTION THAT UNIT EQUIPMENT AND VESSELS ARE
NOT BEING TAMPERED WITH.
5. DO NOT ALLOW ANY GOVERNMENT EQUIPMENT OR MATERIAL TO LEAVE THE
PORT WITHOUT SPECIFIC APPROVAL BY COMMANDER, EXECUTIVE OFFICER, CHIEF
OPERATIONS DIVISION, OR CHIEF SUPPLY AND MAINTENANCE DIVISION.
6. MAINTAIN KEY TO UNIT DAY ROOM SO THAT UNIT MEMBERS CAN HAVE
ACCESS TO THEIR MAILBOXES AFTER NORMAL DUTY HOURS.
7. MAINTAIN KEY TO Q BOAT AND J BOAT FOR PURPOSES OF EMERGENCY
ACCESS.
8. NOTIFY THE PORTUGUESE AIR POLICE AND U.S. SECURITY POLICE OF ANY
BREAK IN OR ATTEMPTED BREAK IN, PHONE 23222 AND 3200.
9. NOTIFY THE FIRE DEPARTMENT, PHONE 117, IN CASE OF FIRE.
10. MAINTAIN A LOG BOOK TO RECORD ANY VIOLATIONS OF THESE DUTIES SO
THAT THEY CAN BE REPORTED TO THE CHIEF OPERATIONS DIVISION MTMCTTU SO
CORRECTIVE OR PREVENTATIVE ACTION CAN BE TAKEN.
11. MAINTAIN A KEY TO THE SERVICE GATE FOR EMERGENCY ACCESS AND TO
LOCK THE GATE ON WEEKENDS, HOLIDAYS, AND AFTER NORMAL DUTY HOURS.
B. ADDITIONAL DUTIES WHEN A US CARGO VESSEL IS ON BERTH:
1. INSURE ONLY PERSONNEL AUTHORIZED ACCESS ON ATTACHMENT 8 ARE
PERMITTED ACCESS TO THE PORT AREA.
2. IF YOU SEE ANYONE ACTING SUSPICIOUS, OR CARRYING ANY MATERIAL OR
CARGO OUT OF THE PORT, DETAIN THEM AND NOTIFY THE FISCAL GUARD.
C. ADDITIONAL DUTIES WHEN A TANKER IS ON BERTH:
1. INSURE ONLY PERSONNEL AUTHORIZED ACCESS ON ATTACHMENT 8 ARE
PERMITTED ACCESS TO THE PORT AREA.
D. ADDITIONAL DUTIES WHEN A PORTUGUESE VESSEL IS ON BERTH:
1. INSURE ONLY PERSONNEL AUTHORIZED ACCESS ON ATTACHMENT 8 ARE
PERMITTED IN THE PORT AREA.
2. IF THE VESSEL IS CARRYING PASSENGERS, INSURE PASSENGERS ONLY
UTILIZE THE INGRESS, EGRESS, AND ASSEMBLY AREAS SHOWN IN ATTACHMENT 10.
3. BECAUSE OF SAFETY IT IS MANDATORY THAT PASSENGERS NOT BE ALLOWED
ON THE PIER OR HARDSTAND WHILE CARGO OPERATIONS ARE IN PROGRESS.
4. TOW MOTORS MAY BE USED TO ASSIST PASSENGERS IN MOVING BAGGAGE TO
AND FROM THE AUTHORIZED POV PARKING AREAS. POVS MUST ONLY PARK IN
AUTHORIZED AREAS, SEE ATTACHMENT 10 FOR AUTHORIZED PARKING AREAS.
NOTE: IF YOU OBSERVE ANYTHING OUT OF THE ORDINARY, NOTIFY PRESIDENT
OF THE PORT COMMITTEE, MTMCTTU COMMANDER, AND OPERATIONS OFFICERS.
TELEPHONE NUMBERS ARE LISTED IN EACH GUARD POST.
POST NUMBER 2 IS A STATIONARY AND ROVING POST.
A. GENERAL DUTIES:
1. INSURE NO UNAUTHORIZED PERSONNEL ARE IN UNAUTHORIZED AREAS.
2. INSURE NO SAFETY OR FIRE HAZARDS ARE PRESENT BEFORE ASSUMING
DUTIES.
3. INSURE ALL BUILDINGS, EQUIPMENT, AND FACILITIES ARE SECURE BY
PHYSICALLY INSPECTING EACH PERIODICALLY, AT LEAST EVERY TWO HOURS,
DURING YOUR TOUR OF DUTY.
4. DO NOT ALLOW ANY GOVERNMENT EQUIPMENT OR MATERIAL TO LEAVE THE
PORT WITHOUT THE SPECIFIC APPROVAL OF THE COMMANDER, EXECUTIVE OFFICER,
CHIEF OPERATIONS DIVISION, OR CHIEF SUPPLY AND MAINTENANCE DIVISION.
5. NOTIFY THE FIRE DEPARTMENT IN CASE OF FIRE, PHONE 117.
6. NOTIFY THE PORTUGUESE AIR POLICE AND U.S. SECURITY POLICY IN CASE
OF BREAK IN OR ATTEMPTED BREAK IN, PHONE 23222 AND 3200.
7. MAINTAIN A LOG BOOK TO RECORD ANY VIOLATIONS OF THESE DUTIES SO
THAT THEY CAN BE REPORTED TO CHIEF OPERATIONS DIVISION MTMCTTU SO
CORRECTIVE OR PREVENTATIVE ACTION CAN BE TAKEN.
8. CHECK IN WITH THE TUG WATCH PERIODICALLY DURING YOUR TOUR OF
DUTY, BUT NOT LESS THAN EVERY TWO HOURS.
9. INSURE ALL LIGHTS ARE ON.
B. ADDITIONAL DUTIES WHEN A TANKER IS ON BERTH:
1. INSURE ONLY PERSONNEL AUTHORIZED ACCESS ON ATTACHMENT 8 ARE
PERMITTED ACCESS TO THE POL PIER.
THIS POST IS ONLY MANNED DURING CARGO OPERATIONS. IT IS A STATIONARY
AND ROVING POST.
A. DUTIES WHEN A US CARGO VESSEL IS ON BERTH:
1. INSURE ONLY PERSONNEL AUTHORIZED ACCESS ON ATTACHMENT 8 ARE
PERMITTED ACCESS TO THE CARGO AREA.
2. INSURE POVS ARE PARKED ONLY IN AUTHORIZED AREAS, SEE ATTACHMENT 1
FOR AUTHORIZED PARKING AREA.
3. IF YOU SEE ANYONE ACTING SUSPICIOUS, OR CARRYING ANY MATERIAL OR
CARGO OUT OF THE PORT, DETAIN THEM AND NOTIFY THE FISCAL GUARDS.
B DUTIES WHEN A PORTUGUESE VESSEL IS ON BERTH:
1. INSURE ONLY PERSONNEL AUTHORIZED ACCESS ON ATTACHMENT 8 ARE
PERMITTED ACCESS TO THE PORT AREA.
2. IF THE VESSEL IS CARRYING PASSENGERS, INSURE PASSENGERS UTILIZE
INGRESS AND EGRESS METHOD SHOWN IN ATTACHMENT 10.
3. BECAUSE OF SAFETY IT IS MANDATORY THAT PASSENGERS NOT BE ALLOWED
ON THE PIER OR HARDSTAND WHILE CARGO OPERATIONS ARE IN PROGRESS.
4. TOW MOTORS MAY BE USED TO ASSIST PASSENGERS IN MOVING BAGGAGE TO
AND FROM THE AUTHORIZED POV PARKING AREAS. POVS MUST ONLY PARK IN
AUTHORIZED AREAS, SEE ATTACHMENT 10.
(CHART OMITTED)
NOTE: OTHER PERSONNEL MAY BE GRANTED ACCESS FOR OFFICIAL BUSINESS IF
APPROVED BY THE OIC OR NCOIC OF CARGO OPERATIONS GUARDS MAY CHECK WITH
OIC OR NCOIC BY TELEPHONING THE PORT WAREHOUSE, EXT. 3262.
(DIAGRAM OMITTED)
(DIAGRAM OMITTED)
AUSTRALIA 4 NOV 1976 FLITE DOCUMENT NO. 7900021
MEMORANDUM OF UNDERSTANDING EXECUTED 4 NOVEMBER 1976.
MEMORANDUM OF UNDERSTANDING SETS FORTH THE GENERAL TERMS AND
CONDITIONS WHICH GOVERN THE EXCHANGE TRAINING PROGRAM OF THE UNITED
STATES ARMY AND THE AUSTRALIAN ARMY.
ARTICLE I-- SCOPE
THIS MEMORANDUM OF UNDERSTANDING SETS FORTH THE GENERAL TERMS AND
CONDITIONS WHICH WILL GOVERN THE EXCHANGE TRAINING PROGRAM OF UNITS FROM
THE UNITED STATES ARMY AND THE AUSTRALIAN ARMY IN THE UNITED STATES OF
AMERICA AND AUSTRALIA. THE PROGRAM IS DESIGNED TO INCREASE THE
EXPERTISE AND ESPIRIT DE CORPS OF THE UNITS INVOLVED; TO DEVELOP AN
APPRECIATION FOR THE TACTICS AND TECHNIQUES OF OTHER FORCES; TO GAIN
EXPERIENCE IN THE FIELD UNDER VARYING TERRAIN AND CLIMATIC CONDITIONS;
AND TO PROVIDE MEANINGFUL CONTACT BETWEEN THE UNITED STATES ARMY AND THE
AUSTRALIAN ARMY. THE PROGRAM IS BASED ON THE PRINCIPLE OF RECIPROCITY
WHICH SHALL APPLY EXCEPT TO THE EXTENT OTHERWISE SPECIFIED HEREIN.
ARTICLE II-- DEFINITIONS
FOR THE PURPOSE OF THIS MEMORANDUM OF UNDERSTANDING:
A. 'PARENT FORCE' MEANS THE FORCE TO WHICH MEMBERS OF A UNIT ON
EXCHANGE BELONG;
B. 'HOST FORCE' MEANS THE FORCE OF THE COUNTRY IN WHICH A UNIT OF THE
OTHER COUNTRY IS
PRESENT ON THE EXCHANGE PROGRAM; AND
C. 'UNIT EXCHANGE' MEANS THE EXCHANGE FOR TRAINING PURPOSES OF
ELEMENTS OF THE FORCES OF
THE PARTIES HERETO THE SIZE OF WHICH WILL BE EQUAL AND AS MUTUALLY
AGREED BY THEM FOR THE
MUTUAL BENEFIT OF THOSE FORCES. OF THE FORCES OF THE PARTIES HERETO
THE SIZE OF WHICH WILL BE
EQUAL AND AS MUTUALLY AGREED BY THEM FOR THE MUTUAL BENEFIT OF THOSE
FORCES.
ARTICLE III-- OCCURRENCE AND NUMBER
THE UNIT EXCHANGES ARE PLANNED TO OCCUR ANNUALLY AT A TIME TO BE
MUTUALLY AGREED AND LAST FOR FOUR TO SIX WEEKS. THE SIZE OF THE
CONTINGENTS WILL BE EQUAL AND THE NUMBER OF MILITARY PERSONNEL
PARTICIPATING WILL BE AS AGREED FROM TIME TO TIME, HOWEVER, SEE ALSO
ARTICLES XIII AND XIV.
ARTICLE IV-- OBLIGATIONS OF THE HOST FORCE
THE HOST FORCE SHALL BE RESPONSIBLE FOR PROVIDING WITHOUT RECOVERY OF
COSTS:
A. TRANSPORTATION OTHER THAN TRANSPORTATION FROM THE HOST COUNTRY TO
THE TRAINING LOCATION
AND RETURN.
B. RATIONS AND QUARTERING FOR MEN (OTHER RANKS (ENLISTED)) AND
QUARTERING FOR OFFICERS OF
THE PARENT FORCE.
C. RATIONS AND QUARTERS FOR OFFICERS LIVING UNDER FIELD CONDITIONS
WHERE THERE IS NO
ESTABLISHED BOQ/OFFICERS MESS.
D. PERSONNEL AND LOGISTIC SUPPORT FOR THE PARENT FORCE AS ARRANGED
AND AGREED BY NATIONS
FORCE HEADQUARTERS.
E. SPECIFIC DETAIL OF EQUIPMENT AND ENVIRONMENTAL CLOTHING TO BE LENT
AS ARRANGED AND
AGREED BY PARTICIPATING UNITS' FORMATION HEADQUARTERS; AND
F. ACCESS TO CLUBS/MESSES, PX/CANTEENS AND RECREATIONAL FACILITIES.
ARTICLE V-- OBLIGATIONS OF PARENT FORCE
THE PARENT FORCE SHALL BE RESPONSIBLE FOR:
A. MOVEMENT OF PERSONNEL AND EQUIPMENT FROM THE PARENT FORCE BASE TO
THE HOST COUNTRY
TRAINING LOCATION AND RETURN, WITH RESPECT TO NON-SIMULTANEOUS
EXCHANGE OF UNITS.
B. FIELD SUPPORT STORES AND ORGANIC EQUIPMENT NOT PROVIDED BY THE
HOST FORCE UNDER ARTICLE
IV.
C. ARRANGEMENTS AND MOVEMENT FOR THE RETURN TO THE PARENT COUNTRY OF
DECEASED/INJURED/WELFARE/COMPASSIONATE CASES OF THE PARENT FORCE.
D. TRANSPORTATION ARRANGEMENTS NOT OTHERWISE SPECIFIED IN THIS
MEMORANDUM OF
UNDERSTANDING.
E. PAY AND ALLOWANCES FOR MEMBERS OF THE PARENT FORCE.
F. CHANGES INCURRED BY MEMBERS OF THE PARENT FORCE FOR USE OF
RECREATIONAL FACILITIES OR
TRAVEL EXCEPT WHERE PROVIDED BY THE HOST COUNTRY AS APPROVED
ENTERTAINMENT, IN WHICH CASE IT
IS THE RESPONSIBILITY OF THE HOST COUNTRY; AND
G. COSTS INCURRED FOR PRIVATE ACCOMMODATION BY MEMBERS OF THE PARENT
FORCE.
ARTICLE VI-- JOINT OBLIGATIONS
EACH FORCE SHALL:
A. PROVIDE AT ITS OWN EXPENSE, WITH REGARD TO SIMULTANEOUS EXCHANGE
OF UNITS; A JOINT
AIRLIFT (ONE ROUND-TRIP) OF MILITARY PERSONNEL AND EQUIPMENT FROM
PARENT FORCE BASES TO
ARRIVAL AIRFIELDS AND RETURN; AND
B. ENSURE THAT ITS OFFICERS REIMBURSE THE HOST FORCE FOR THE COST OF
RATIONS.
ARTICLE VII-- MEDICAL AND DENTAL
A. IT IS THE RESPONSIBILITY OF THE PARENT FORCE TO ENSURE THAT ALL
MEMBERS OF ITS FORCE
ARE MEDICALLY AND DENTALLY FIT PRIOR TO EMBARKATION.
B. FOR THE DURATION OF THE EXCHANGE, MEDICAL AND EMERGENCY DENTAL
CARE SHALL BE PROVIDED
BY THE HOST FORCE IN THE SAME MANNER AND TO THE SAME EXTENT AS SUCH
CARE IS PROVIDED TO
MEMBERS OF ITS OWN FORCE. OFFICER PATIENTS WILL REIMBURSE THE
MEDICAL FACILITY FOR THE COST
OF THEIR RATIONS. ANY SUCH CARE PROVIDED BY THE HOST FORCE BEYOND
THE EXCHANGE PERIOD SHALL
BE SUBJECT TO FINANCIAL RECOVERY FROM THE PARENT FORCE.
ARTICLE VIII-- ADMINISTRATION
A. ALL MILITARY PERSONNEL PARTICIPATING IN THE EXCHANGE WILL BE IN
POSSESSION OF
IDENTIFICATION CARDS AND IDENTIFICATION DISCS (TAGS) IN ACCORDANCE
WITH REGULATIONS OF THE
PARENT FORCE.
B. MILITARY DRIVING PERMITS (LICENSES) OF THE HOST FORCE MAY BE
ISSUED TO MEMBERS OF THE
PARENT FORCE, WHEN CONSIDERED APPROPRIATE BY THE HOST FORCE, UNDER
APPLICABLE ORDERS AND
REGULATIONS OF THE HOST FORCE. SUCH PERMITS (LICENSES) WILL ONLY BE
ISSUED TO MEMBERS IN
POSSESSION OF A VALID MILITARY DRIVING PERMIT (LICENSE) ISSUED BY THE
PARENT FORCE.
ARTICLE IX-- AWARDS OR INSIGNIA
AWARDS OR INSIGNIA OF MILITARY QUALIFICATIONS BESTOWED UPON MILITARY
PERSONNEL OF THE PARENT FORCE BY THE HOST FORCE SHALL BE MADE IN
ACCORDANCE WITH THE REGULATIONS OF THE HOST FORCE. THESE AWARDS OR
INSIGNIA SHALL NOT BE ACCEPTED BY THE MILITARY PERSONNEL CONCERNED
WITHOUT THE PRIOR APPROVAL OF THE PARENT FORCE.
ARTICLE X-- STATUS
A. THE STATUS OF MEMBERS OF THE US ARMY WHILE IN AUSTRALIA, SHALL BE
GOVERNED BY THE
STATUS OF FORCE AGREEMENT BETWEEN THE TWO COUNTRIES MADE ON 9 MAY,
1963 (TREATY SERIES 1963,
NO 10) (AUSTRALIA); T.I.A.S. NO. 5349 (US) AND THE DEFENCE (VISITING
FORCES) ACT 1963.
B. THE STATUS OF MEMBERS OF THE AUSTRALIAN ARMY WHILE IN THE US SHALL
BE GOVERNED BY THE
PROVISIONS OF THE SERVICE COURTS OF FRIENDLY FOREIGN FORCES ACT (22
UNITED STATES CODE SECTION
701-706) AND PRESIDENTIAL PROCLAMATION 3631 ON SERVICE COURTS OF
FRIENDLY FOREIGN FORCES
WITHIN THE UNITED STATES.
ARTICLE XI-- DISCIPLINE
PERSONNEL PARTICIPATING IN THE EXCHANGE PROGRAM WILL COMPLY WITH THE
REGULATIONS, ORDERS, INSTRUCTIONS AND CUSTOMS OF THE HOST FORCE IN SO
FAR AS THEY ARE APPLICABLE. PERSONNEL COMMITTING AN OFFENCE UNDER THE
LAWS (REGULATIONS) OF EITHER THE PARENT OR THE HOST FORCE MAY BE
WITHDRAWN FROM THE EXCHANGE PROGRAM WITH A VIEW TOWARD SUCH APPROPRIATE
ADMINISTRATIVE OR DISCIPLINARY ACTION TO BE TAKEN BY THE PARENT FORCE AS
IT MAY CONSIDER NECESSARY. DISCIPLINARY ACTION HOWEVER, SHALL NOT BE
TAKEN BY THE HOST FORCE AGAINST PERSONNEL OF THE PARENT FORCE.
ARTICLE XII-- CHANNELS OF COMMUNICATION
DIRECT LIAISON WITH CO-ORDINATION IS AUTHORIZED BETWEEN HOST AND
PARENT UNITS WHEN SO DESIGNATED FOR A SPECIFIC EXCHANGE.
ARTICLE XIII-- CANCELLATION, POSTPONEMENT OR SUBSTITUTION
CANCELLATION, POSTPONEMENT OR SUBSTITUTION OF A SPECIFIC UNIT
EXCHANGE WILL BE AS MUTUALLY AGREED BETWEEN THE HOST AND PARENT FORCE.
ARTICLE XIV-- AMENDMENTS AND TERMINATION
THIS MEMORANDUM OF UNDERSTANDING MAY BE AMENDED BY WRITTEN AGREEMENT
BETWEEN THE PARTIES HERETO. IT MAY BE TERMINATED BY EITHER PARTY
EFFECTIVE SIXTY DAYS AFTER WRITTEN NOTICE HAS BEEN GIVEN BY ONE PARTY TO
THE OTHER, OR IN AN EMERGENCY, BY IMMEDIATE NOTICE.
FOR THE AUSTRALIAN ARMY
(N. R. CHARLESWORTH)
BRIGADIER
DATE: 4 NOV 76
CANADA 12 DEC 1975 FLITE DOCUMENT NO. 7900020
MEMORANDUM OF UNDERSTANDING EXECUTED 11 AND 12 DECEMBER 1975.
REVISES AND SUPERSEDES PRIOR MEMORANDUM OF UNDERSTANDING BETWEEN
UNITED STATES ARMY EUROPE AND CANADIAN FORCES EUROPE.
GENERAL
THE PURPOSE OF, AND GENERAL POLICIES FOR, THE USE OF THE ARMED FORCES
RECREATION CENTER (AFRC) FACILITIES ARE AS CONTAINED IN USAREUR
REGULATION 28-110/USAFE REGULATION 215-7. HEADQUARTERS, UNITED STATES
ARMY, EUROPE (USAREUR), AS THE EXECUTIVE AGENCY FOR THE AFRC, WILL BE
RESPONSIBLE FOR THE DEVELOPMENT OF POLICY AND THE PUBLISHING OF THE
REGULATION. THE REGULATION WILL BE REVISED WHEN REQUIRED TO REFLECT
APPROPRIATE CHANGES AS OUTLINED IN THIS MEMORANDUM. PERSONNEL OF THE
CANADIAN ARMED FORCES ARE AUTHORIZED TO UTILIZE THESE FACILITIES ON A
SPACE REQUIRED BASIS, AND WILL COMPLY WITH ALL SAFETY AND ADMINISTRATIVE
REGULATIONS GOVERNING THE USE OF AFRC FACILITIES. UTILIZATION RATE NOT
TO EXCEED 1% OF TOTAL GUEST NIGHTS.
SUBSIDY
IN ORDER TO MAINTAIN RATES THAT ARE WITHIN THE FINANCIAL
RESPONSIBILITY OF THE AVERAGE AFRC PATRON, IT IS NECESSARY THAT THE AFRC
BE ANNUALLY SUBSIDIZED FROM NONAPPROPRIATED FUNDS. THIS FUND SUPPORT
WILL BE PROVIDED ON A FISCAL YEAR BASIS. FISCAL YEAR SUPPORT
REQUIREMENTS WILL BE SUBMITTED BY THE AFRC TO HEADQUARTERS, USAREUR, WHO
WILL COORDINATE WITH HEADQUARTERS, CANADIAN FORCES EUROPE (CFE) PRIOR TO
FINAL APPROVAL. THE INITIAL PAYMENT IS $27,500 FOR FY 1976. THIS MOU
IS A REVISION OF AND SUPERCEDES THE MOU BETWEEN USAREUR AND CFE.
ON THE YEAR-END BILLING THE NUMBER OF GUEST NIGHTS WILL BE ANNOTATED
TO REFLECT THOSE CANADIANS THAT BELONG TO CFE AS WELL AS THOSE SERVING
WITH CANADIAN DEFENSE LIAISON STAFF (LONDON) (SEE ANNEX A). THIS PLAN
STARTS 1 JANUARY 1976 AND IS VALID FOR A PERIOD OF 3 YEARS FROM THE
START DATE. THIS AGREEMENT WILL BE REVISED ONCE EACH YEAR AND IS
SUBJECT TO CANCELLATION BY EITHER PARTY UPON 90 DAYS WRITTEN NOTICE.
THE COMPUTATION FOR PLUS OR MINUS ADJUSTMENTS WILL BE BASED UPON $5.50
SERVICE CHARGE PER GUEST NIGHT. PAYMENT WILL BE DUE UPON RECEIPT OF A
WRITTEN ANNUAL STATEMENT AND REIMBURSED IN US DOLLARS.
AFRC COUNCIL
MANDATORY PARTICIPATION IN MANAGEMENT AND AFRC COUNCIL IS WAIVED.
CFE REPRESENTATIVE(S) IS (ARE) INVITED TO ANY OR ALL AFRC MEETINGS AS AN
OBSERVER.
FOR THE COMMANDER IN CHIEF,
USAREUR & SEVENTH ARMY:
CHIEF PSD, ODCSPER
12 DEC 75
(DATE)
1. THE FOLLOWING PERSONNEL ONLY ARE ELIGIBLE FOR USE OF AFRC
FACILITIES UNDER CFE AGREEMENT:
A. CANADIAN SERVICE PERSONNEL AND THEIR DEPENDENTS SERVING WITH CFE
(LAHR AND BADEN) 4TH ALLIED TACTICAL AIR FORCE (4TH ATAF) AND CANADIAN
DEFENSE LIAISON STAFF (LONDON).
B. MEMBERS OF THE CIVILIAN COMPONENT OF EACH ESTABLISHMENT.
2. TO PROVE ELIGIBILITY, PERSONNEL MUST PRODUCE EITHER A CANADIAN
FORCES TRAVEL ORDER CLAIM (TDY ORDER) OR A CANADIAN FORCES LEAVE FORM
WHICH REFLECTS ONE OF THE FOLLOWING CANADIAN FORCES POST OFFICES (CFPO):
A. CFPO 5000 (LAHR).
B. CFPO 5056 (BADEN).
C. CFPO 5051 (LONDON).
D. CFPO 5055 (4TH ATAF).
GERMANY, FEDERAL REPUBLIC OF 5 APR 1976 FLITE DOCUMENT NO. 7900019
AGREEMENT EXECUTED 19 MARCH AND 5 APRIL 1976.
AGREEMENT TO ESTABLISH THE CONDITIONS FOR JOINT USE BY THE UNITED
STATES AND THE FREISTAAT BAYERN OF CERTAIN FACILITIES AT THE FORMER US
FORCES ACCOMMODATION OF EASTMAN BARRACKS, DACHAU.
THE UNITED STATES ARMY, EUROPE, REPRESENTED BY THE DEPUTY CHIEF OF STAFF
FOR LOGISTICS (DCSLOG), HQ USAREUR AND SEVENTH ARMY, THE LETTER
REPRESENTED BY THE COMMANDER, US FORCES SUPPORT DISTRICT BAYERN IN
ADMINISTERING THIS AGREEMENT,
THE FREISTAAT BAYERN, REPRESENTED BY THE BAVARIAN STATE MINISTRY OF
FINANCES, 8000 MUENCHEN 22, ODEONSPLATZ 4,
I. PURPOSE OF THE AGREEMENT
THE PURPOSE OF THIS AGREEMENT IS TO ESTABLISH THE CONDITIONS FOR
JOINT USE BY USAREUR OF CERTAIN FACILITIES AT THE FORMER US FORCES
ACCOMMODATION OF EASTMAN BARRACKS, DACHAU; AND, FURTHER, TO ESTABLISH
CONDITIONS FOR PROVISION OF UTILITIES SUPPORT BY THE LAND AND
REIMBURSEMENT THEREFORE BY USAREUR. THE FACILITIES TO BE RETAINED WILL
BE THE FEES TURN AROUND POINT (BLDG. 2474), THE FISHING POND, AND THE
GOLF COURSE. THE EXACT REAL ESTATE TO BE USED BY USAREUR IS SHOWN ON
THE ATTACHED SITE MAP WHICH WILL BECOME PART OF THIS AGREEMENT AS "ANNEX
A."
II. CONDITIONS
1. THE FACILITIES TO BE USED, AS SPECIFIED IN PARAGRAPH I ABOVE,
WILL BE AVAILABLE FOR AN UNLIMITED PERIOD OF TIME AT NO COST FOR RENTAL
TO USAREUR.
2. PRIOR TO USAGE, AN INVENTORY AND CONDITION REPORT WILL BE JOINTLY
PREPARED BY REPRESENTATIVES OF THE LAND (DEFENSE COST OFFICE, MUNICH)
AND USAREUR (US ARMY ENGINEER COMMAND, EUROPE, MUNICH FIELD OFFICE).
THIS REPORT, WHICH WILL BECOME PART OF THE AGREEMENT AS "ANNEX B," WILL
SERVE AS BASIS FOR COMPARISON WHENEVER THE JOINT USAGE OF THE FACILITIES
IS TERMINATED.
3. THE LAND WILL PROVIDE UTILITIES SUPPORT (ELECTRICITY, WATER, AND
REFUSE COLLECTION) FOR THE FACILITIES USED. USAREUR WILL PROVIDE
SUPPORT FOR HEATING AND SEWAGE DISPOSAL SERVICES.
4. USAREUR WILL INSTALL ELECTRICITY AND WATER METERS IN BUILDINGS
2747, T 2802, AND 2773.
5. REIMBURSEMENT OF COST FOR UTILITIES SERVICES STATED ABOVE WILL BE
EFFECTED UPON PRESENTATION OF THE BILLS TO USAREUR ON A QUARTERLY BASIS.
PAYMENTS WILL BE MADE TO THE DIREKTION DER BAYERISCHEN
BEREITSCHARFTSPOLIZEI.
III. REPAIR AND MAINTENANCE
USAREUR WILL BE RESPONSIBLE FOR MAINTENANCE AND REPAIR OF FACILITIES
USED. THE LAND WILL BE RESPONSIBLE FOR MAINTENANCE AND REPAIR OF
ELECTRIC AND WATER LINES UP TO THE MAIN VALVE OF EACH BUILDING.
IV. ACCESS AND DIRECTION OF TRAFFIC
1. VISITORS OF THE FISHING POND AND THE GOLF COURSE WILL USE THEIR
OWN ENTRANCE AS ACCESS TO THE AFOREMENTIONED ACCOMMODATIONS. THIS
MEASURE WILL GUARANTEE THAT THE ROAD THROUGH THE FORMER CAMP DOES NOT
HAVE TO BE USED.
2. REGARDING THE EES TURN AROUND POINT, ACCESS WILL ONLY BE GRANTED
TO EES EMPLOYEES PRESENTING A SPECIAL PASS, A US GOVERNMENT MOTOR
VEHICLE OPERATOR'S IDENTIFICATION CARD (SF 46) WITH APPROPRIATE EES
VEHICLE DISPATCH DOCUMENTS, OR TO DRIVERS OF CONTRACTED VEHICLES
POSSESSING APPROPRIATE GOVERNMENT SHIPPING DOCUMENTS.
V. DURATION-- CHANGES-- LANGUAGE
1. THIS AGREEMENT BECOMES EFFECTIVE UPON SIGNATURE BY BOTH PARTIES
AND REMAINS VALID AS LONG AS USAREUR NEEDS THE USAGE OF THE FACILITIES
LISTED IN PARAGRAPH I.
2. CHANGES AND/OR SUPPLEMENTS CAN BE MADE UNDER MUTUAL CONSENT OF
THE AGREEMENT PARTIES. IN ORDER TO BECOME EFFECTIVE, THEY HAVE TO BE IN
WRITING AND MUST BE SIGNED BY THE PARTIES TO THIS AGREEMENT.
3. THIS AGREEMENT IS MADE IN GERMAN AND ENGLISH. IN CASE OF
DEVIATIONS BETWEEN THE TWO TEXTS, THE ENGLISH VERSION WILL GOVERN.
FOR THE UNITED STATES ARMY, EUROPE
GENE F. WILSON
COL, GS
C, PLANS & OPS DIV
ODCSLOG, USAREUR
GERMANY, FEDERAL REPUBLIC OF 8 DEC 1975 FLITE DOCUMENT NO. 7900018
AGREEMENT EXECUTED 31 JULY, 14 SEPTEMBER AND 8 DECEMBER 1975.
AGREEMENT REGARDING THE USE OF THE TENNENLOHE TROOP TRAINING AREA
FIRING RANGES BY THE BAVARIAN BORDER POLICE.
THE US ARMY, EUROPE, REPRESENTED BY THE DEPUTY CHIEF OF STAFF FOR
LOGISTICS (DCSLOG), HQ USAREUR AND SEVENTH ARMY,
THE FEDERAL REPUBLIC OF GERMANY (FEDERAL FINANCE ADMINISTRATION),
REPRESENTED BY THE FEDERAL ASSETS OFFICE NUREMBERG,
THE BAVARIAN BORDER POLICE, REPRESENTED BY THE BORDER POLICE STATION
NUREMBERG,
1. THE US FORCES AND THE FEDERATION PERMIT THE BORDER POLICE TO USE
RANGES NO. 3, 8, AND 9 OF THE TENNENLOHE TROOP TRAINING AREA FREE OF
CHARGE FOR FIRING PRACTICES.
THE FIRING RANGES ARE SHOWN IN RED ON THE ATTACHED MAP SECTION.
2. THIS PERMISSION IS VALID ONLY TO THE EXTENT THAT THE TRAINING
OPERATIONS OF THE US FORCES ARE NOT DISTURBED. NOTWITHSTANDING ANY
OTHER PROVISIONS TO THE CONTRARY CONTAINED IN THIS AGREEMENT, IF THE US
FORCES DETERMINES THAT MILITARY NECESSITY REQUIRES THAT THE BORDER
POLICE BE EXCLUDED FROM TRAINING AREA TENNENLOHE EITHER TEMPORARILY OR
PERMANENTLY, THE US FORCES MAY, WITH NO ADVANCE NOTICE, REQUIRE THE
BORDER POLICE TO LEAVE THE TRAINING AREA OR MAY PROHIBIT THEM FROM
ENTERING THE TRAINING AREA OR ANY PARTICULAR PART OF OF THE TRAINING
AREA. THE DECISION OF THE US FORCES CONCERNING THE EXISTENCE OF
MILITARY NECESSITY SHALL BE FINAL AND CONCLUSIVE, AND THE US FORCES
SHALL NOT BE LIABLE FOR PAYMENT OF ANY CLAIMS OF THE BORDER POLICE OR OF
THIRD PARTIES ARISING FROM EXCLUSION OF THE BORDER POLICE FROM TRAINING
AREA TENNENLOHE.
3. THE USE OF THE RANGES MUST BE COORDINATED IN ADVANCE WITH THE US
FORCES RANGE CONTROL OFFICER AT BRLANGEN, TEL.: 09137-83844.
4. THE ONLY TRAINING WEAPONS AUTHORIZED TO BE FIRED ARE CALIBER 22,
38, 45, AND SUBMACHINE GUNS.
5. MANEUVER TYPE FIRING IS NOT PERMITTED.
1. THE BORDER POLICE ACCEPTS THE OBLIGATION TO INSTRUCT ITS MEMBERS
TO OBSERVE THE RULES STIPULATED BY THE US FORCES CONCERNING PREVENTION
OF RESIDENTS, HYGIENE, FIRE PREVENTION, MAINTENANCE, AND
COUNTERESPIONAGE. THE US FORCES RESERVE THE RIGHT TO CONDUCT CHECKS IN
THIS RESPECT.
2. THE BORDER POLICE IS TO EMPLOY ADEQUATE SUPERVISORY AND SAFETY
PERSONNEL FOR THE RANGES DURING FIRING PRACTICES. FURTHERMORE, IT MUST
HAVE MEANS AVAILABLE FOR EVACUATING ANY SICK PERSONNEL, AND ALSO AT
LEAST ONE PERSON IS AVAILABLE WITH FIRST AID TRAINING.
3. AFTER FINISHING THE FIRING PRACTICES THE BORDER POLICE MUST
REMOVE ALL FOREIGN BODIES (AMMUNITION, CARTRIDGE CASES, AND OTHER
RENMANTS) FROM THE FIRING RANGES.
4. THE BORDER POLICE IS LIABLE TO THE US FORCES AND THE FEDERATION
FOR ALL DAMAGE ARISING TO THESE INSTITUTIONS, THEIR MEMBERS, AND TO
THIRD PARTIES RESULTING ON ACCOUNT OF THE JOINT UTILIZATION OF THE
FIRING RANGES. LIABILITY OF THE US FORCES, THE US GOVERNMENT AND THE
FEDERATION IS EXCLUDED FOR ALL DAMAGE ARISING TO THE BORDER POLICE IN
CONNECTION WITH THE FIRING PRACTICES.
5. THE BAVARIAN BORDER POLICE WILL MAKE NO ALTERATIONS, DELETIONS,
OR ADDITIONS IN THE PROPERTY WITHOUT PRIOR APPROVAL OF THE US FORCES.
1. THE USE OF THE FIRING RANGES IS FREE OF CHARGE AS FAR AS THE US
FORCES ARE CONCERNED, HOWEVER, WITH THE RESERVATION CONCERNING THE
CONSENT OF THE FEDERAL MINISTER OF FINANCE WHICH HAS STILL TO BE
OBTAINED. SHOULD THIS CONSENT NOT BE PROVIDED, THE BORDER POLICE
ACCEPTS THE OBLIGATION TO PAY AN ADEQUATE FINANCIAL COMPENSATION.
2. THIS AGREEMENT MAY BE TERMINATED BY EITHER PARTY AS OF THE END OF
ANY CALENDAR MONTH, SUBJECT TO PARAGRAPH I.2, ABOVE.
HEIDELBERG, . . .
FOR THE US ARMY, EUROPE:
GENE F. WILSON
COL, GS
C, P&O DIV
NUREMBERG, . . .
FOR THE REPUBLIC
OF GERMANY:
(BOEHM)
BRANCHEN, 31.7.75
FOR THE BAVARIAN BORDER
POLICE: DIRAKTION DER BAYER, GRENZPOLIZEL
WAGNER
OBERAMTSTRAT
CANADA 24 AUG 1976 FLITE DOCUMENT NO. 7900017
MAPPING, CHARTING AND GEODESY AGREEMENT EXECUTED 24 AUGUST 1976.
AGREEMENT CONCERNING COOPERATION IN MAPPING, CHARTING, AND GEODESY
ACTIVITIES IN SUPPORT OF MUTUAL DEFENSE.
SUPERSEDES MAPPING CHARTING AND GEODESY AGREEMENT OF 18 JUNE 1970.
THE PURPOSE OF THIS AGREEMENT IS TO ESTABLISH AN UNDERSTANDING
BETWEEN THE DEFENSE MAPPING AGENCY, UNITED STATES DEPARTMENT OF DEFENSE
AND THE DIRECTOR OF CARTOGRAPHY, DEPARTMENT OF NATIONAL DEFENCE, CANADA,
HEREINAFTER REFERRED TO AS THE COOPERATING AGENCIES, CONCERNING
COOPERATION IN MAPPING, CHARTING AND GEODESY ACTIVITIES IN SUPPORT OF
MUTUAL DEFENCE.
THE OBJECTS OF THIS AGREEMENT ARE:
A. TO PROVIDE MAPS, CHARTS, GEODETIC DATA, GEOPHYSICAL DATA AND
RELATED PRODUCTS IN ACCORDANCE WITH REQUIREMENTS SPECIFIED BY THE
MAPPING AND CHARTING PLAN IN SUPPORT OF THE CANADA-UNITED STATES BASIC
SECURITY PLAN AND OTHER MILITARY REQUIREMENTS OF AGREED MUTUAL CONCERN.
B. TO OUTLINE COOPERATIVE PROGRAMS AND TECHNICAL ARRANGEMENTS BY
MUTUAL AGREEMENT BETWEEN AGENCIES DESIGNATED BY THE COOPERATING AGENCIES
FOR THIS PURPOSE.
THE COOPERATING AGENCIES SHALL EXCHANGE ON A QUID PRO QUO BASIS
INSOFAR AS PRACTICABLE CARTOGRAPHIC, GEODETIC, PHOTOGRAPHIC, GEOGRAPHIC,
GEOPHYSICAL AND AERONAUTICAL DATA, IN ACCORDANCE WITH ARRANGEMENTS SET
FORTH IN ANNEXES A, B AND C HERETO WHICH ARE MADE A PART HEREOF.
REQUESTS FOR AND EXCHANGE OF MATERIALS WILL NORMALLY BE MADE THROUGH THE
AGENCIES IDENTIFIED AS BASICALLY RESPONSIBLE FOR THE TYPES OF MATERIALS
BEING SOUGHT OR EXCHANGED. ARRANGEMENTS WILL BE MADE FOR RECORDING AND
REVIEWING THE EXCHANGE OF MATERIALS BETWEEN THE SEPARATE AGENCIES AND
ADJUSTMENTS MADE AS APPROPRIATE TO ACHIEVE THE OBJECTIVES OF A QUID PRO
QUO BALANCE WITHIN THE OVERALL AGREEMENT.
1. IT IS UNDERSTOOD THAT ANY ACTION TAKEN BY EITHER COOPERATING
AGENCY PURSUANT TO THIS AGREEMENT SHALL BE SUBJECT TO THE AVAILABILITY
TO THAT AGENCY OF NECESSARY RESOURCES AS WELL AS TO ANY RESTRICTIONS
AFFECTING RELEASE AND AVAILABILITY OF MATERIALS TO BE EXCHANGED.
2. FOR OFFICIAL USE, EITHER COOPERATING AGENCY MAY REPRODUCE
PRODUCTS FROM THE MATERIALS PROVIDED BY THE OTHER.
3. UNCLASSIFIED MATERIAL, AND/OR CLASSIFIED MATERIAL IMPRINTED WITH
RELEASE AUTHORIZATION WILL BE EXCHANGED AUTOMATICALLY AS SET FORTH IN
ANNEXES A, B AND C. CLASSIFIED MATERIAL, NOT SPECIFICALLY DESIGNATED
FOR RELEASE BY IMPRINTED EXCEPTION ON THE MATERIAL ITSELF, IS ELIGIBLE
FOR EXCHANGE CONSIDERATION BASED ON DOCUMENTED REQUEST. CLASSIFICATION
SHALL BE HELD TO A MINIMUM COMMENSURATE WITH THE NEED FOR SECURITY AND
THE GENERAL INTENTION TO AVOID CLASSIFYING MAPS OR CHARTS AT SCALES
1:250,000 AND SMALLER.
4. REQUESTS FOR MATERIALS COVERED BY "THIRD NATION" RESTRICTIONS
MUST
5. MATERIALS OR INFORMATION RECEIVED UNDER THIS AGREEMENT WILL NOT
BE RELEASED TO OTHER GOVERNMENTS AND NON-GOVERNMENTAL PARTIES. SUCH
REQUESTERS WILL BE REFERRED TO THE RESPONSIBLE SOURCE AGENCY.
6. THE SPECIFIC RESPONSIBILITIES OF EACH COOPERATING AGENCY IN THE
COOPERATIVE PROGRAM AND THE IMPLEMENTING DETAILS OF THIS AGREEMENT SHALL
BE AS DETERMINED BY THE FOLLOWING AGENCIES.
A. THE DEFENSE MAPPING AGENCY (DMA) IS THE PRINCIPAL U.S. AGENT AND
INITIAL POINT OF CONTACT ON ALL CARTOGRAPHIC MATTERS RELATING TO DEFENCE
INFORMATION AND MATERIALS AND SHALL HAVE OVERALL RESPONSIBILITY FOR THE
AGREEMENT, INCLUDING POLICY AND THE ASSIGNMENT OF FUNCTIONS AMONG U.S.
PARTICIPANTS. THE DMA COMPONENTS LISTED BELOW SHALL COORDINATE
OPERATIONAL MATTERS DIRECTLY WITH THEIR COUNTERPART AGENCIES IN
ACCORDANCE WITH THIS BASIC AGREEMENT AND ANNEXES A, B AND C, THROUGH
CHANNELS SPECIFIED BY THE DIRECTOR OF CARTOGRAPHY, NATIONAL DEFENCE
HEADQUARTERS.
(1) THE DEFENSE MAPPING AGENCY TOPOGRAPHIC CENTER (DMATC) SHALL BE
RESPONSIBLE FOR MATTERS IN CONNECTION WITH LAND MAPPING AND RELATED
MATERIALS, AND ACTIVITIES AS STATED IN ANNEX A.
(2) THE DEFENSE MAPPING AGENCY AEROSPACE CENTER (DMAAC) SHALL BE
RESPONSIBLE FOR MATTERS IN CONNECTION WITH AERONAUTICAL CHARTING, FLIGHT
INFORMATION PUBLICATIONS, AND RELATED DATA AND ACTIVITIES, AS STATED IN
ANNEX B.
(3) THE DEFENSE MAPPING AGENCY HYDROGRAPHIC CENTER (DMAHC) SHALL BE
RESPONSIBLE FOR MATTERS IN CONNECTION WITH HYDROGRAPHIC CHARTING AND
RELATED DATA AND THE SUPPLY OF NATIONAL OCEAN SURVEY PRODUCED
AERONAUTICAL CHARTS AS STATED IN ANNEX C.
B. THE DIRECTOR OF CARTOGRAPHY, NATIONAL DEFENCE HEADQUARTERS
(DCARTO) HAS CANADIAN AUTHORITY AND RESPONSIBILITY UNDER THIS AGREEMENT,
AND IS CONTACT AGENT FOR ALL MATTERS RELATED TO SUBJECTS OF THE
AGREEMENT. ROUTINE EXCHANGES OF MATERIALS MAY BE MADE BETWEEN THE
AGENCIES DESIGNATED IN ANNEXES A, B AND C.
1. THIS AGREEMENT SHALL BE SUBJECT TO REVIEW AT ANY TIME UPON
WRITTEN NOTICE BY EITHER COOPERATING AGENCY TO THE OTHER THAT IT DESIRES
TO CONSULT WITH A VIEW TO SUBSTANTIVE AMENDMENT. ROUTINE MATTERS SUCH
AS CHANGES IN QUANTITIES OR ITEMS TO BE EXCHANGED OR ADDRESSES SHALL BE
RESOLVED BETWEEN THE DESIGNATED AGENCIES.
2. THIS AGREEMENT SHALL ENTER INTO FORCE UPON SIGNATURE BY THE
AUTHORIZED REPRESENTATIVES OF BOTH COOPERATING AGENCIES AND SHALL REMAIN
IN FORCE UNTIL ONE YEAR AFTER EITHER OF THE COOPERATING AGENCIES SHALL
HAVE NOTIFIED THE OTHER OF ITS INTENTION TO TERMINATE THE AGREEMENT.
3. IN THE EVENT OF CONFLICT BETWEEN THIS BASIC AGREEMENT AND ANNEXES
A, B AND C, THE BASIC AGREEMENT SHALL PREVAIL.
THE FOLLOWING AGREEMENT IS SUPERSEDED BY THIS AGREEMENT:
MAPPING, CHARTING AND GEODESY AGREEMENT BETWEEN THE DIRECTOR FOR
MAPPING, CHARTING AND GEODESY, UNITED STATES DEFENSE INTELLIGENCE
AGENCY, AND DIRECTOR OF MAPPING AND CHARTING, CANADIAN FORCES
HEADQUARTERS, DEPARTMENT OF NATIONAL DEFENCE, CANADA, DATED 18 JUNE
1970.
IN WITNESS WHEREOF THE UNDERSIGNED, DULY AUTHORIZED BY THEIR
RESPECTIVE COOPERATING AGENCIES, HAVE SIGNED THIS AGREEMENT.
DONE AT OTTAWA IN DUPLICATE, THIS 24 DAY OF AUGUST, 1976.
S. D. CRAMER, JR.
VICE ADMIRAL, USN
DIRECTOR
DEFENSE MAPPING AGENCY
1. PURPOSE
THE PURPOSE OF THIS ANNEX IS TO DEFINE ARRANGEMENTS FOR THE EXCHANGE
OF MAPS AND RELATED MATERIALS OF MUTUAL INTEREST BETWEEN UNITED STATES
AND CANADIAN MAPPING AGENCIES. THE UNITED STATES AGENCY IS THE DEFENSE
MAPPING AGENCY TOPOGRAPHIC CENTER (DMATC). THE CANADIAN AGENCY IS THE
DIRECTOR OF CARTOGRAPHY, CANADIAN FORCES HEADQUARTERS (DCARTO). IN
FURTHERANCE OF THIS MUTUAL OBJECTIVE, THE DESIGNATED AGENCIES WILL
CONFORM TO THE PROVISIONS OF THE BASIC AGREEMENT AND THE PROCEDURES SET
FORTH IN THIS ANNEX.
2. MATERIALS FROM DMATC
THE DMATC AGREES TO FURNISH DCARTO, AUTOMATICALLY, THE FOLLOWING
MATERIAL PRODUCED BY DMATC IN THE QUANTITIES NOTED BELOW:
A. MAPS:
FIVE COPIES OF EACH MAP OF 1:250,000 SCALE AND SMALLER PUBLISHED BY
DMATC.
B. OTHER PUBLICATIONS:
(1) FIVE COPIES OF THE DMATC MAP EXCHANGE CATALOGUE WITH REVISIONS
AND SUPPLEMENTS AS ISSUED.
(2) TWO COPIES OF DMATC PUBLICATIONS EXCHANGE LIST WITH REVISIONS AND
SUPPLEMENTS AS ISSUED.
(3) TWO COPIES EACH OF UNCLASSIFIED TECHNICAL PUBLICATIONS AND
TECHNICAL INSTRUCTIONS AS ISSUED.
(4) FIVE COPIES EACH OF GAZETTEERS AND GLOSSARIES RELATING TO MAPS
SUPPLIED UNDER SUBPARAGRAPH 2.A., ABOVE, AS PUBLISHED.
3. MATERIALS FROM DCARTO
DCARTO AGREES TO FURNISH DMATC, AUTOMATICALLY, THE FOLLOWING MATERIAL
PRODUCED BY CANADIAN GOVERNMENT MAPPING AGENCIES:
A. MAPS:
FIVE COPIES OF ALL TOPOGRAPHIC MAPS OF CANADA.
B. REPRODUCTION MATERIAL:
ONE SET OF REPRODUCTION MATERIAL FOR ALL MAPS DESCRIBED IN PARAGRAPH
3.A., ABOVE, AS PRODUCED
C. OTHER PUBLICATIONS:
(1) FIVE COPIES OF THE CFP 264 DND CATALOGUE MAPS WITH REVISIONS AND
SUPPLEMENTS, AS ISSUED.
(2) FIVE COPIES EACH OF GAZETTEERS AND GLOSSARIES, BASED ON THE MAPS
DESCRIBED ABOVE, AS ISSUED.
(3) FIVE COPIES OF TECHNICAL PUBLICATIONS, AS ISSUED.
(4) TWO COPIES OF TECHNICAL INSTRUCTIONS, AS ISSUED.
4. ADDITIONAL REQUIREMENTS
EITHER PARTY WILL SUPPLY TO THE OTHER, ON REQUEST, COPIES OF MAPS AND
RELATED MATERIALS IN ADDITION TO THE CATEGORIES AND QUANTITIES SPECIFIED
IN PARAGRAPHS 2, AND 3., INCLUDING GEODETIC DATA AND AERIAL PHOTOGRAPHY.
5. CHANNEL FOR TRANSMITTALS
A. MATERIALS FURNISHED DMATC WILL BE ADDRESSED TO:
DEFENSE MAPPING AGENCY TOPOGRAPHIC CENTER
ATTN: CODE 50235
WASHINGTON, D.C. 20315
B. MATERIALS FURNISHED DCARTO WILL BE ADDRESSED TO:
DIRECTOR OF CARTOGRAPHY
NATIONAL DEFENCE HEADQUARTERS
OTTAWA, ONTARIO, CANADA K1A OK2
ATTN: CF MAP AND CHART DEPOT
MARKED: DUTY FREE UNDER CANADIAN TARIFF ITEM 17200-1
1. PURPOSE
THE PURPOSE OF THIS ANNEX IS TO DEFINE ARRANGEMENTS FOR THE QUID PRO
QUO EXCHANGE OF AERONAUTICAL CHARTS AND FLIGHT INFORMATION PUBLICATIONS
AND/OR THE EXCHANGE OF AERONAUTICAL, GRAVIMETRIC AND TECHNICAL
INFORMATION OF MUTUAL INTEREST BETWEEN UNITED STATES AND CANADIAN
PRODUCTION AGENCIES. THE UNITED STATES AGENCY IS THE DEFENSE MAPPING
AGENCY AEROSPACE CENTER (DMAAC) AND THE CANADIAN AGENCY IS THE DIRECTOR
OF CARTOGRAPHY, NATIONAL DEFENCE HEADQUARTERS (DCARTO). IN FURTHERANCE
OF THIS MUTUAL OBJECTIVE, THE DESIGNATED AGENCIES WILL CONFORM TO THE
PROVISIONS OF THE BASIC AGREEMENT AND THE PROCEDURES SET FORTH IN THIS
ANNEX.
2. AERONAUTICAL CHARTS
THE DEFENSE MAPPING AGENCY AEROSPACE CENTER (DMAAC) WILL
AUTOMATICALLY FURNISH 11 COPIES OF THE FOLLOWING DOD AERONAUTICAL
CHARTS. CURRENT EDITIONS WILL BE PROVIDED INITIALLY. THEREAFTER, NEW
EDITIONS WILL BE PROVIDED AS THEY ARE PUBLISHED, AND IN LIKE QUANTITIES
TO THE ADDRESSES IN PARAGRAPH 22., SECTION FIVE:
A. CHART SERIES (1) 1:250,000 SCALE-1501 AIR JOINT OPERATIONS
GRAPHICS (1501A) (NATO AREA OF INTEREST AND NORTH AMERICA); ADDRESS A
10, ADDRESS B 1.
(2) 1:500,000 SCALE-TACTICAL PILOTAGE CHARTS (TPC); ADDRESS A 10,
ADDRESS B 1.
(3) 1:1,000,000 SCALE-OPERATIONAL NAVIGATION CHART (ONC); ADDRESS A
10, ADDRESS B 1.
(4) 1:2,000,000 SCALE-JET NAVIGATION CHARTS (NJ/JNC); ADDRESS A 10,
ADDRESS B 1
(5) 1:2,000,000 SCALE-CONSOL-LORAN NAVIGATION CHARTS/LORAN NAVIGATION
CHARTS (CJC/LJC); ADDRESS A 10, ADDRESS B 1
(6) 1:2,000,000 SCALE-CONTINENTAL ENTRY CHARTS (CEC) 1 & 2; ADDRESS
A 10, ADDRESS B 1
(7) 1:3,000,000 SCALE-JET NAVIGATION CHARTS (LCC); ADDRESS A 10,
ADDRESS B.
(8) 1:3,000,000 SCALE-LORAN-C NAVIGATION CHARTS (LCC); ADDRESS A 10,
ADDRESS B 1.
(9) 1:5,000,000 SCALE-GLOBAL NAVIGATION CHART/GLOBAL LORAN CHARTS
(GNC/GLC); ADDRESS A 10, ADDRESS B 1.
(10) VARIOUS SCALES STRATEGIC PLANNING CHARTS (SSE). ADDRESS A 10,
ADDRESS B.
B. NATIONAL OCEAN SURVEY PRODUCED AERONAUTICAL CHARTS SHALL BE
SUPPLIED IN ACCORDANCE WITH ANNEX C.
3. REPRODUCTION MATERIALS
UPON REQUEST, DMAAC WILL FURNISH REPRODUCTION MATERIALS (FILM
POSITIVES) FOR ALL DOD AERONAUTICAL CHARTS ON A QUID PRO QUO BASIS. THE
LETTER OF REQUEST WILL STATE THE ADDRESS TO WHICH THESE REPRODUCTION
MATERIALS ARE TO BE SHIPPED. THE MATERIALS REQUIRED CAN BE DETERMINED
FROM NEW EDITIONS OF CHARTS FURNISHED AUTOMATICALLY AS SPECIFIED IN
PARAGRAPH 2., ABOVE. REQUEST FOR REPRODUCTION MATERIALS WILL BE
DIRECTED TO:
4. ADDITIONAL STOCKS OF AERONAUTICAL CHARTS
DMAAC WILL, AS MUTUALLY ARRANGED, FURNISH ADDITIONAL AERONAUTICAL
CHARTS AND RELATED DATA FOR OPERATIONAL STOCKS, TRAINING, AND SIMILAR
REQUIREMENTS OF THE CANADIAN FORCES, AS U.S. STOCKS PERMIT, OR AS
MUTUALLY ARRANGED, ON A QUID PRO QUO BASIS. REQUESTS FOR ADDITIONAL
STOCKS WILL BE DIRECTED TO:
5. FLIGHT INFORMATION PUBLICATIONS
DMAAC WILL AUTOMATICALLY FURNISH COPIES OF THE FOLLOWING US. DOD
FLIGHT INFORMATION PUBLICATIONS. CURRENT EDITIONS WILL BE PROVIDED
INITIALLY. THEREAFTER, NEW EDITIONS OR APPLICABLE AMENDMENTS WILL BE
PROVIDED IN LIKE QUANTITIES TO THE ADDRESSES IN PARAGRAPH 22.,
SECTION FIVE.
A. FLIP PLANNING
(1) GP - GENERAL PLANNING; ADDRESS B 1, ADDRESS C 5.
(2) AP1A - AREA - NORTH AND SOUTH AMERICA; 5AP1A - AREA PLANNING - N
AND S AND S AMERICA - SPECIAL USE AIRSPACE; ADDRESS B 1, ADDRESS C 5.
(3) AP1B - AREA PLANNING - UNITED STATES MILITARY TRAINING ROUTES;
ADDRESS B 2, ADDRESS C 5.
(4) AP2 - AREA PLANNING - EUROPE - AFRICA - MIDDLE EAST; ADDRESS B
1, ADDRESS C 5.
(5) AP2A - AREA PLANNING - EUROPE - AFRICA - MIDDLE EAST - SPECIAL
USE AIRSPACE; ADDRESS B 1, ADDRESS C 5.
(6) AP3 - AREA PLANNING - PACIFIC AUSTRALASIA - ANTARCTICA; ADDRESS
B 1, ADDRESS C 5.
(7) AP3A - AREA PLANNING - PACIFIC AUSTRALASIA - ANTARCTICA SPECIAL
USE AIRSPACE. ADDRESS B 1, ADDRESS C 5.
B. FLIP ENROUTE - LOW/HIGH ALTITUDE CHARTS AND AREA - TERMINAL AREA
CHARTS
(1) ENROUTE - LOW ALTITUDE CHARTS AND AREA - TERMINAL AREA CHARTS
I. ALASKA, ADDRESS B 3, ADDRESS C 8.
II. CARIBBEAN AND SOUTH AMERICA ADDRESS B 3, ADDRESS C 8.
II. EUROPE AND NORTH AFRICA AND MIDDLE EAST ADDRESS B 3, ADDRESS C
8.
IV. UNITED STATES ADDRESS B 3, ADDRESS C 8.
(2) ENROUTE - HIGH ALTITUDE CHARTS
I. ALASKA ADDRESS B 3, ADDRESS C 8.
II. EUROPE AND NORTH AFRICA AND MIDDLE EAST ADDRESS B 3, ADDRESS C
8.
III. UNITED STATES ADDRESS B 3, ADDRESS C 8.
(3) ENROUTE - LOW AND HIGH ALTITUDE CHARTS AND AREA - TERMINAL AREA
CHARTS
I. AFRICA ADDRESS B 3, ADDRESS C 5.
II. AUSTRALIA, NEW ZEALAND AND ANTARCTICA ADDRESS B 3, ADDRESS C 5.
III. PACIFIC AND SOUTH ASIA, ADDRESS B 3, ADDRESS C 5.
(4) ENROUTE - SUPPLEMENT
I. AFRICA ADDRESS B 3, ADDRESS C 5.
II. ALASKA ADDRESS B 3, ADDRESS C 8.
III. AUSTRALIA, NEW ZEALAND AND ANTARCTICA ADDRESS B 3, ADDRESS C 5.
IV. CARIBBEAN AND SOUTH AMERICA ADDRESS B 3, ADDRESS C 8.
V. EUROPE, NORTH AFRICA AND MIDDLE EAST ADDRESS B 3, ADDRESS C 8.
VI. PACIFIC AND SOUTH ASIA ADDRESS B 3, ADDRESS C 5.
VII. UNITED STATES-IFR ADDRESS B 3, ADDRESS C 8.
VIII. UNITED STATES-VRF ADDRESS B 3, ADDRESS C 8.
(5) ENROUTE-LOW AND HIGH ALTITUDE CHARTS, AREA-TERMINAL AREA
CHARTS/SUPPLEMENTS
I. CARIBBEAN AND SOUTH AMERICA; ADDRESS B 2, ADDRESS C 5.
II. EUROPE, NORTH AFRICA AND MIDDLE EAST ADDRESS B 2, ADDRESS C 5.
III. UNITED STATES ADDRESS B 2, ADDRESS C 5.
C. TERMINAL - LOW/HIGH ALTITUDE INSTRUMENT APPROACH PROCEDURES
(1) LOW ALTITUDE INSTRUMENT APPROACH PROCEDURES
I. CANADA AND NORTH ATLANTIC ADDRESS B 2, ADDRESS C 8.
II. CARIBBEAN AND SOUTH AMERICA ADDRESS B 2, ADDRESS C 8.
III CARIBBEAN AND SOUTH AMERICA ADDRESS B 2, ADDRESS C 8.
IV. PACIFIC AND SOUTH ASIA ADDRESS B 2, ADDRESS C 8.
V. UNITED STATES - NORTHEAST ADDRESS B 2, ADDRESS C 8.
VI. UNITED STATES - NORTHCENTRAL ADDRESS B 2, ADDRESS C 8.
VII. UNITED STATES - SOUTHEAST ADDRESS B 2, ADDRESS C 8.
VIII. UNITED STATES - SOUTHCENTRAL ADDRESS B 2, ADDRESS C 8.
IX. UNITED STATES - NORTHWEST ADDRESS B 2, ADDRESS C 8.
X. UNITED STATES - WEST ADDRESS B 2, ADDRESS C 8.
XI. UNITED STATES - SOUTHWEST ADDRESS B 2, ADDRESS C 8.
XII. UNITED STATES - CENTRAL ADDRESS B 2, ADDRESS C 8.
XIII. UNITED STATES - EAST ADDRESS B 2, ADDRESS C 8.
(2) TERMINAL HIGH ALTITUDE INSTRUMENT APPROACH PROCEDURES
I. CANADA AND NORTH ATLANTIC, ADDRESS B 2, ADDRESS C 8.
II. CARIBBEAN AND SOUTH AMERICA ADDRESS B 2, ADDRESS C 8.
I-- IV. EUROPE, NORTH AFRICA AND MIDDLE EAST ADDRESS B 2, ADDRESS C
8.
IV. PACIFIC AND SOUTHEAST ASIA ADDRESS B 2, ADDRESS C 8.
V. UNITED STATES - NORTHEAST ADDRESS B 2, ADDRESS C 8.
VI. UNITED STATES - SOUTHEAST ADDRESS B 2, ADDRESS C 8.
VII. UNITED STATES - NORTHWEST ADDRESS B 2, ADDRESS C 8.
VIII. UNITED STATES - SOUTHWEST ADDRESS B 2, ADDRESS C 8.
(3) TERMINAL LOW AND HIGH ALTITUDE INSTRUMENT APPROACH PROCEDURES
I. AFRICA ADDRESS B 2, ADDRESS C 8.
II. ALASKA, ADDRESS B 2, ADDRESS C 8.
III. AUSTRALIA, NEW ZEALAND AND ANTARCTICA, ADDRESS B 2, ADDRESS C
8.
D. FLIP WALL PLANNING CHART
WALL PLANNING CHART - LOW ALTITUDE
(1) EUROPE, NORTH AFRICA AND MIDDLE EAST ADDRESS B 2, ADDRESS C 8.
(2) UNITED STATES ADDRESS B 2, ADDRESS C 8.
3. STANDARD INSTRUMENT DEPARTURES (SIDS)
NOTE: ALL OF THE ABOVE PUBLICATIONS ARE MAINTAINED ON A CURRENT
BASIS AND ANY AMENDMENTS OR REVISIONS WILL BE AUTOMATICALLY FORWARDED.
6. SOURCE MATERIALS
AERONAUTICAL INFORMATION SOURCE MATERIALS WILL BE AUTOMATICALLY
FURNISHED TO DCARTO AS FOLLOWS:
A. FIO ALASKA (DMAAC) - FLIGHT INFORMATION LIST ADDRESS B 1, ADDRESS
C 3.
B. ADDN (DMAAC) - PERIODIC MESSAGES ADDRESS B 1.
C. MAILING AND SHIPPING INSTRUCTIONS:
FLIGHT INFORMATION PUBLICATIONS WILL BE FURNISHED TO:
ADDRESSES B AND C, PARAGRAPH 22., SECTION FIVE.
7. REPRODUCTION MATERIALS FOR FLIGHT INFORMATION PUBLICATIONS
REPRODUCTION MATERIALS REQUIRED FOR PRODUCTION OF FLIGHT INFORMATION
PUBLICATIONS, WHERE REQUIREMENTS MAY BE SATISFIED BY MATERIALS PRODUCED
BY EITHER DCARTO OR DMAAC, WILL BE EXCHANGED UPON REQUEST.
8. DMAAC WILL FURNISH UNEXPOSED STABLE BASE FILM IN QUANTITY AND
DIMENSIONS SUITABLE FOR PREPARATION OF REPRODUCTION MATERIALS OF FLIP
ENROUTE CANADA AND NORTH ATLANTIC - HIGH AND LOW ALTITUDE CHARTS TO BE
FURNISHED DMAAC. THE FILM WILL BE FORWARDED AS FOLLOWS:
9. GRAVITY DATA
DMAAC WILL FURNISH GRAVITY DATA AND RELATED TECHNICAL INFORMATION
WITHIN PERMISSIBLE TERMS ON REQUEST. SUCH MATERIAL WILL BE ADDRESSED
TO:
10. PUBLICATIONS AND TECHNICAL INFORMATION
CURRENT EDITIONS WILL BE PROVIDED INITIALLY. THEREAFTER, NEW
EDITIONS OR APPLICABLE AMENDMENTS WILL BE FURNISHED AUTOMATICALLY IN THE
SAME QUANTITIES:
A. DMAAC TECHNICAL REPORTS, PAPERS AND STUDIES; ADDRESS A 4.
B. DMAAC PRODUCTION SPECIFICATIONS FOR THE NAV/PLAN SERIES CHARTS
WITH AMENDMENTS; ADDRESS A 5.
C. DMAAC PRODUCTION SPECIFICATIONS FOR FLIGHT INFORMATION
PUBLICATIONS WITH AMENDMENTS; ADDRESS C 2.
D. DMAAC BULLETIN; ADDRESS 1 5, ADDRESS C 60.
E. DMAAC BULLETIN DIGEST; ADDRESS A 5, ADDRESS 60.
F. DMAAC CHART UPDATING MANUAL; ADDRESS A 5, ADDRESS C 60.
G. DOD CATALOGUE OF AERONAUTICAL CHARTS AND FLIGHT INFORMATION
PUBLICATIONS WITH AMENDMENTS; AND ADDRESS A 5, ADDRESS C 60.
H. MAILING AND SHIPPING INSTRUCTIONS (ITEMS A TO G INCL). DOCUMENTS
WITH BE FORWARDED TO ADDRESSES A AND C, PARAGRAPH 22., SECTION FIVE.
11. CHARTS AND SPECIAL ITEMS. DCARTO WILL FURNISH THE FOLLOWING
CHARTS AND SPECIAL ITEMS. CURRENT EDITIONS WILL BE PROVIDED INITIALLY.
THEREAFTER, NEW EDITIONS WILL BE FURNISHED AUTOMATICALLY AS SOON AS
PRODUCED.
A. AERONAUTICAL CHARTS - 4 COPIES EACH
1:500,000 SCALE CANADIAN PILOTAGE CHARTS - AERONAUTICAL EDITION.
B. AERONAUTICAL CHARTS - 10 COPIES EACH
(1) 1:250,000 SCALE - 1501 AIR JOINT OPERATIONS GRAPHICS (1501A);
(2) 1:500,000 SCALE LOW LEVEL PILOTAGE CHARTS;
(3) 1:1,000,000 SCALE WORLD AERONAUTICAL CHARTS;
(4) 1:1,000,000 SCALE AERONAUTICAL ROUTE CHARTS.
C. PLOTTING CHARTS AND SPECIAL ITEMS - 2 COPIES EACH
(1) 1:5,000,000 SCALE NORTH ATLANTIC PLOTTING CHART;
(2) 1:3,000,000 SCALE CANADIAN NAVIGATION PLOTTING CHART;
(3) 1:3,000,000 SCALE CANADIAN POLAR PLOTTING CHART;
(4) 1:3,000,000 SCALE NAVIGATION ROUTE CHART;
(5) 1:2,000,000 SCALE RCAF MARITIME PLOTTING CHART;
(6) 1:3,000,000 SCALE TACAN FACILITY CHARTS;
(7) 1:1,000,000 SCALE BLANK MERCATOR PLOTTING CHART;
(8) 1:250,000 SCALE BLANK MERCATOR PLOTTING CHART;
(9) 1:500,000 SCALE BLANK MERCATOR PLOTTING CHART;
(10) 1:1,000,000 SCALE BLANK MERCATOR PLOTTING CHART;
(11) 1:1,000,000 SCALE NAVIGATION PLOTTING CHART (BLANK);
(12) 1:500,000 SCALE NAVIGATION PLOTTING CHART (BLANK);
(13) 1:6,000,000 SCALE CANADIAN NORTHWESTERN EUROPE PLOTTING CHART.
D. MAILING AND SHIPPING INSTRUCTIONS -
THE AERONAUTICAL CHARTS LISTED IN PARAGRAPHS 11.A., 11.B. AND 11.C.
WILL BE FORWARDED TO:
12. REPRODUCTION MATERIALS
UPON REQUEST, DCARTO WILL FURNISH REPRODUCTION MATERIALS (FILM
POSITIVES) FOR ALL AERONAUTICAL CHARTS PRODUCED FOR DEFENCE REQUIREMENTS
(MARKED DND) ON A QUID PRO QUO BASIS. THE LETTER OF REQUEST WILL STATE
THE ADDRESS TO WHICH THESE REPRODUCTION MATERIALS ARE TO BE SHIPPED.
THE MATERIALS REQUIRED CAN BE DETERMINED FROM NEW EDITIONS OF CHARTS
FURNISHED AUTOMATICALLY AS SPECIFIED IN PARAGRAPH 11., ABOVE.
13. ADDITIONAL STOCK OF AERONAUTICAL CHARTS
DCARTO WILL, AS MUTUALLY ARRANGED, FURNISH ADDITIONAL AERONAUTICAL
CHARTS AND RELATED DATA FOR OPERATIONAL STOCKS, TRAINING, AND SIMILAR
REQUIREMENTS OF THE US FORCES, AS CANADIAN STOCKS PERMITS, OR AS
MUTUALLY ARRANGED, ON A QUID PRO QUO BASIS.
14. TEXTUAL AND GRAPHIC DATA
DCARTO WILL FURNISH THE FOLLOWING TEXTUAL AND GRAPHIC INFORMATION
AUTOMATICALLY:
A. ITEMS
(1) CANADIAN FORCES CATALOGUE - MAPS, AERONAUTICAL CHARTS AND FLIGHT
INFORMATION (CFP 292); COPIES 4.
(2) CATALOGUE OF PUBLISHED MAPS (DEMR); COPIES 2.
(3) CATALOGUE OF MAPS AVAILABLE, DND (CFAO 36017 WITH AMENDMENTS);
COPIES 3.
(4) LIST OF CURRENT CANADIAN AERONAUTICAL CHARTS; COPIES 6.
(5) LIST OF NEW AND CONVERTED MAPS PUBLISHED; COPIES 5.
(6) SELECTED ACCESSIONS - NEW MAPS; COPIES 5.
(7) ACCESSIONS LIST OF BOOKS, PAMPHLETS AND PERIODICALS; COPIES 1.
(8) PRODUCTION PROGRAMS AND STATUS REPORTS, WITH APPROPRIATE GRAPHICS
SHOWING AREAS IN WHICH WORK IS PLANNED, IN WORK, OR ACCOMPLISHED BY
CANADIAN GOVERNMENTAL AGENCIES ENGAGED IN MAPPING OR CHARTING; COPIES 1
EACH.
(9) REPORTS ON REGIONAL GRAVITY SURVEYS; COPIES 1.
(10) GRAVITY STATUS REPORTS, COPIES 1.
(11) CATALOGUE OF MAPS (PRODUCED BY MAPPING AND CHARTING
ESTABLISHMENT, DEPARTMENT OF NATIONAL DEFENCE). COPIES 1.
B. MAILING AND SHIPPING INSTRUCTIONS -
THE ITEMS LISTED IN PARA 14. WILL BE FORWARDED TO:
15. GRAVIMETRIC MATERIAL
DCARTO WILL FURNISH GRAVITY DATA AND RELATED TECHNICAL INFORMATION
WITHIN PERMISSIBLE TERMS ON REQUEST. SUCH MATERIAL WILL BE ADDRESSED
TO:
16. SERVICES TO BE PROVIDED BY DCARTO TO DMAAC
ON NEW OR REVISED EDITIONS OF CANADIAN PRODUCED WACS, DCARTO WILL
SEND DMAAC/PPCC A MARKED UP LITHOGRAPHIC COPY OF THE PREVIOUS EDITION OR
A COMPOSITE POSITIVE OF THE NEW EDITION WHICH IDENTIFIES THE CHANGES
THAT HAVE BEEN INCORPORATED INTO THE CHART. BASED ON AN EVALUATION OF
THE CHANGES, THE CURRENT STOCK LEVEL AND PRODUCTION CAPABILITIES, DMAAC
WILL MAKE THE DECISION WHETHER OR NOT TO PRODUCE A NEW EDITION. A
COMPLETE SET OF REPRODUCTION MATERIALS WILL BE REQUESTED FROM DCARTO IF
PRODUCTION IS REQUIRED.
17. AERONAUTICAL INFORMATION
DCARTO WILL FURNISH THE FOLLOWING AERONAUTICAL INFORMATION
AUTOMATICALLY. CURRENT EDITIONS WILL BE PROVIDED INITIALLY.
THEREAFTER, NEW EDITIONS OR APPLICABLE AMENDMENTS WILL BE PROVIDED
AUTOMATICALLY IN LIKE QUANTITIES.
A. CANADIAN FORCES PUBLICATION DEPOT
(1) DND FLIGHT INFORMATION PUBLICATION - TERMINAL
(A) CANADA AND NORTH ATLANTIC (LOW) ADDRESS A 3.
(B) CANADA AND NORTH ATLANTIC (HIGH) ADDRESS 3.
(2) DND FLIGHT INFORMATION PUBLICATIONS - ENROUTE
(A) CANADA AND NORTH ATLANTIC ADDRESS A 3.
(B) CANADA AND NORTH ATLANTIC SUPPLEMENT ADDRESS A 2.
(3) GPH, MANUAL OF CRITERIA FOR THE DEVELOPMENT OF STANDARD
INSTRUMENT APPROACH PROCEDURES ADDRESS A 13.
(4) SEARCH AND RESCUE ORDERS AND PROCEDURES (CFP 209) ADDRESS A 1.
B. DEPARTMENT OF ENERGY, MINES AND RESOURCES
(1) CANADA AIR PILOT
(A) EAST (WINNIPEG TO ATLANTIC COAST) ADDRESS A 7.
(B) WEST (WINNIPEG TO PACIFIC COAST) ADDRESS A 7.
(C) WATER AERODROME SUPPLEMENT ADDRESS A 5.
(D) DESIGNATED AIRSPACE HANDBOOK ADDRESS A 9.
(E) CANADIAN AERODROME DIRECTOR ADDRESS A 9, ADDRESS B 1.
(2) FLIGHT INFORMATION LIST ADDRESS A 3, ADDRESS B 1.
C. DEPARTMENT OF TRANSPORT
(1) CLASS II NOTAM ADDRESS A 1, ADDRESS B 1.
(2) INFORMATION CIRCULARS ADDRESS A 1, ADDRESS B 1.
(3) AIR TRAFFIC CONTROL CIRCULAR LETTERS ADDRESS A 1.
(4) CANADIAN LOCATION IDENTIFIERS ADDRESS A 1.
(5) LIST OF BROADCASTING STATIONS IN CANADA ADDRESS A 1.
(6) AIR NAVIGATION RADIO AIDS ADDRESS A 2, ADDRESS B 1.
(7) RADIO AIDS TO MARINE NAVIGATION-ATLANTIC AND GREAT LAKES ADDRESS
A 1, ADDRESS B 1.
(8) RADIO AIDS TO MARINE NAVIGATION-PACIFIC ADDRESS A 1, ADDRESS B 1.
(9) LIST OF LIGHTS AND FOG SIGNALS - ATLANTIC COAST ADDRESS A 1.
(10) LIST OF LIGHTS AND FOG SIGNALS -INLAND WATER ADDRESS A 1.
(11) LIST OF LIGHTS AND FOG SIGNALS - NEWFOUNDLAND ADDRESS A 1.
(12) LIST OF LIGHTS AND FOG SIGNALS - PACIFIC COAST ADDRESS A 1,
ADDRESS B 1.
(13) AIR REGULATIONS AND AERONAUTICS ACT ADDRESS A 1, ADDRESS B 1.
(14) AIR NAVIGATION ORDERS ADDRESS A 1, ADDRESS B 1.
(15) NOTICE TO MARINERS ADDRESS A 1.
(16) MANUAL OF OPERATIONS, AIR TRAFFIC CONTROL, PARTS 1 TO 7 ADDRESS
A 1, ADDRESS B 1.
D. MAILING OR SHIPPING ADDRESSES FOR MATERIALS IN PARAGRAPH 17
SHIPPED TO THE UNITED STATES ARE AS FOLLOWS:
(1) ADDRESS A:
(2) ADDRESS B:
18. REPRODUCTION MATERIALS
A. DCARTO WILL AUTOMATICALLY FURNISH DMAAC THE REPRODUCTION MATERIALS
REQUIRED FOR PRODUCTION OF FLIP ENROUTE CANADA AND NORTH ATLANTIC, HIGH
AND LOW ALTITUDE CHARTS. THE SUPPLEMENT IS NOT INCLUDED. AT THE SAME
TIME THE ABOVE MATERIALS ARE FORWARDED, AVAILABLE DCARTO FLIP ENROUTE
PRODUCTION SCHEDULES WILL BE FURNISHED. THIS MATERIAL WILL BE FORWARDED
TO DMAAC BY THE MOST EXPEDITIOUS MEANS POSSIBLE.
B. MAILING AND SHIPPING ADDRESS -
THE ABOVE MATERIAL WILL BE FORWARDED AS FOLLOWS:
19. TRANSMITTAL PROCEDURES
A. EACH SHIPMENT OF MATERIALS PROVIDED BY EITHER PARTY WILL CONTAIN
TWO COPIES OF A TRANSMITTAL PAPER (SHIPPING TICKET) LISTING ALL ITEMS
INCLUDED IN THE SHIPMENT. A THIRD COPY OF THE TRANSMITTAL PAPER WILL BE
FORWARDED TO THE CONSIGNEE BY MAIL AS AN ADVANCE NOTICE OF SHIPMENT;
AND
B. ALL TRANSMITTALS WHICH ACCOMPANY SHIPMENTS MADE IN ACCORDANCE WITH
THIS ARRANGEMENT WILL BEAR THE NOTATION "EXCHANGE MATERIALS".
20. COSTS
A. MATERIALS WILL BE EXCHANGED ON QUID PRO QUO BASIS; AND
B. THE COST OF MAILING OR SHIPPING MATERIALS WILL BE BORNE BY THE
TRANSMITTING AGENCY.
21. COMMUNICATIONS
CORRESPONDENCE RELATING TO THE PROVISIONS OF THIS ARRANGEMENT WILL BE
BETWEEN THE FOLLOWING OFFICES:
A. DEFENSE MAPPING AGENCY AEROSPACE CENTER
ATTN: PPCF
ST. LOUIS AIR FORCE STATION, MO. 63118, USA
B. DIRECTOR OF CARTOGRAPHY
NATIONAL DEFENCE HEADQUARTERS
OTTAWA, ONTARIO, CANADA K1A OK2
22. MAILING OR SHIPPING ADDRESSES FOR MATERIALS SHIPPED TO CANADA
ARE AS FOLLOWS:
A. ADDRESS A:
DIRECTOR OF CARTOGRAPHY
NATIONAL DEFENCE HEADQUARTERS
OTTAWA, ONTARIO, CANADA K1A OK2
ATTN: CF MAP AND CHART DEPOT
MARKED: DUTY FREE UNDER CANADIAN TARIFF ITEM 17200-1
B. ADDRESS B:
DIRECTOR OF CARTOGRAPHY
NATIONAL DEFENCE HEADQUARTERS
OTTAWA, ONTARIO, CANADA K1A OK2
ATTN: DCARTO-4
MARKED: DUTY FREE UNDER CANADIAN TARIFF ITEM 17200-1
C. ADDRESS C:
COMMANDING OFFICER
CANADIAN FORCES PUBLICATIONS DEPOT
CFB ROCKCLIFFE
OTTAWA, ONTARIO, CANADA KA1 OK7
MARKED: DUTY FREE UNDER CANADIAN TARIFF ITEM 17200-1
1. PURPOSE
THE PURPOSE OF THIS ANNEX IS TO DEFINE ARRANGEMENTS FOR THE QUID PRO
QUO EXCHANGE OF HYDROGRAPHIC CHARTS AND RELATED MATERIALS, AND NATIONAL
OCEAN SURVEY PRODUCED AERONAUTICAL CHARTS, OF MUTUAL INTEREST BETWEEN
THE UNITED STATES AND CANADIAN MAPPING AND CHARTING AGENCIES. THE
UNITED STATES AGENCY IS THE DEFENSE MAPPING AGENCY HYDROGRAPHIC CENTER
(DMAHC), WASHINGTON, D.C. THE CANADIAN AGENCY FOR MILITARY REQUIREMENTS
IS THE DIRECTORATE OF CARTOGRAPHY, NATIONAL DEFENCE HEADQUARTERS,
OTTAWA, ONTARIO (DCARTO), AND FOR OTHER NAUTICAL MATERIAL AND THE BULK
SUPPLY OF CANADIAN NAUTICAL CHARTS, THE CANADIAN HYDROGRAPHIC SERVICE
(CHS), OTTAWA. EXCHANGES OF MATERIALS AND CHARTS WITH CHS ARE CONDUCTED
UNDER THE MEMORANDUM OF ARRANGEMENT BETWEEN THE UNITED STATES DEFENSE
MAPPING AGENCY AND THE CANADIAN HYDROGRAPHIC SERVICE.
2. MATERIALS FROM DMAHC
A. CLASSIFIED MATERIALS
(1) DMAHC AGREES TO FURNISH DCARTO AUTOMATICALLY WITH:
(A) CLASSIFIED BOTTOM CONTOUR AND WRECK CHARTS AND PUBLICATIONS,
PRODUCED BY DMAHC WITHIN THE GEOGRAPHIC LIMITS OF LATITUDES 40 DEGREES N
TO 90 DEGREES NO AND LONGITUDES 30 DEGREES W TO 170 DEGRESS W.
(B) NATO CLASSIFIED OPERATIONAL CHARTS IN THE 200-1G AND 200-2G
SERIES.
(C) HO PUBS 761, 770, 773, TR72, SP130 AND MISC. NO. 15678.
(2) DMAHC AGREES TO FURNISH DCARTO ON DEMAND WITH:
(A) CLASSIFIED BOTTOM CONTOUR AND WRECK CHARTS AND PUBLICATIONS
PRODUCED BY DMAHC OUTSIDE THE GEOGRAPHIC LIMITS SPECIFIED IN (1) (A)
ABOVE TO MEET CANADIAN MARITIME OPERATIONAL REQUIREMENTS.
(B) HO PUBS 771, 772, 774, 781, 911, 930, SP106, SP107, TR119.
(3) A COMPLETE LIST OF THE QUANTITIES REQUIRED OF THE ABOVE CHARTS
AND PUBLICATIONS WILL BE PROVIDED SEMI-ANNUALLY IN JUNE AND DECEMBER BY
DCARTO. SUCH LISTS AND ANY INTERIM AMENDMENTS FOUND NECESSARY WILL
BECOME PART OF THIS AGREEMENT.
SEE ADDENDUM LIST #1 TO THIS ANNEX.
B. UNCLASSIFIED MATERIALS
DMAHC AGREES TO FURNISH DCARTO CHARTS, PUBLICATIONS, ETC., IN
QUANTITIES AS SPECIFIED IN A LIST SUBMITTED SEMI-ANNUALLY BY DCARTO TO
DMAHC IN JUNE AND DECEMBER AND AMENDED AS NECESSARY DURING EACH YEAR.
SUCH LIST AND INTERIM AMENDMENTS WILL BECOME PART OF THIS AGREEMENT AND
WILL BE FURNISHED TO EACH HOLDER OF A COPY OF THE BASIC AGREEMENT. SEE
ADDENDUM LIST #2 TO THIS ANNEX.
3. MATERIALS FROM DCARTO
DCARTO AGREES TO FURNISH DMAHC AUTOMATICALLY THE FOLLOWING CLASSIFIED
MATERIALS PRODUCED BY CANADIAN HYDROGRAPHIC AGENCIES:
A. CHARTS - 4 COPIES OF NON-SUB-CONTACT CHARTS OF EAST COAST AND
CONTINGENT WATERS OF CANADA.
B. OTHER PUBLICATIONS - 4 COPIES OF NON-SUB-CONTACT LIST NW ATLANTIC
AND CONFIDENTIAL DND NAVIGATIONAL NOTICES.
4. ADDITIONAL REQUIREMENTS
EITHER PARTY WILL SUPPLY TO THE OTHER, ON REQUEST, COPIES OF MATERIAL
SPECIFIED IN PARAGRAPHS 2 AND 3 IN QUANTITIES CONSISTENT WITH
OPERATIONAL REQUIREMENTS.
5. US NATIONAL OCEAN SURVEY (NOS) PRODUCTS
A. CANADIAN REQUIREMENTS AND REQUESTS FOR US NATIONAL OCEAN SURVEY
NAUTICAL AND AERONAUTICAL CHARTS AND NAUTICAL PUBLICATIONS WILL BE
SUBMITTED TO:
B. A COMPLETE LIST OF THE QUANTITIES REQUIRED OF THE ABOVE NOS
PRODUCTS WILL BE PROVIDED SEMI-ANNUALLY IN JUNE AND DECEMBER BY DCARTO.
SUCH LISTS AND ANY INTERIM AMENDMENTS FOUND NECESSARY WILL BECOME PART
OF THIS AGREEMENT. SEE ADDENDUM LIST #3 AND #4 TO THIS ANNEX.
C. AERONAUTICAL CHARTS WILL BE SHIPPED TO ADDRESS A OR B, PARAGRAPH
22, ANNEX B, AS SPECIFIED BY THE REQUESTER.
6. CHANNEL FOR TRANSMITTALS
A. MATERIALS FURNISHED TO DMAHC WILL BE ADDRESSED TO:
DEFENSE MAPPING AGENCY HYDROGRAPHIC CENTER
ATTN: CODE DS
WASHINGTON, D.C. 20390
U.S.A.
B. MATERIALS FURNISHED TO DCARTO WILL BE ADDRESSED TO:
(1) DIRECTOR OF CARTOGRAPHY
NATIONAL DEFENCE HEADQUARTERS
OTTAWA, ONTARIO, CANADA
K1A OK2
ATTN: DCARTO/MARITIME
(2) HYDROGRAPHIC SERVICES OFFICE (HALIFAX)
C/O FORCES MAIL OFFICE
HALIFAX, N.S. CANADA
B3K 2XO
(3) HYDROGRAPHIC SERVICES OFFICE (ESQUIMALT)
CFB ESQUIMALT (DOCKYARD)
FMO, VICTORIA, BRITISH COLUMBIA, CANADA
VOS 1BO
7. THE EXCHANGE AND INTERSUPPLY OF UNCLASSIFIED PUBLICATIONS,
REPRODUCTION MATERIAL AND FIELD SURVEY DATA BETWEEN DMA AND CHS SHALL BE
IN ACCORDANCE WITH THE TERMS OF THE MEMORANDUM OF ARRANGEMENT BETWEEN
THESE TWO AGENCIES, A COPY OF WHICH IS ATTACHED FOR INFORMATION
PURPOSES. MATERIALS PROVIDED UNDER THIS ARRANGEMENT FOR USE BY
DEPARTMENT OF NATIONAL DEFENCE WILL BE ADDRESSED TO:
A. HYDROGRAPHIC SERVICES OFFICE (HALIFAX)
C/O FORCES MAIL OFFICE
HMC DOCKYARD
HALIFAX, N.S. CANADA
B3K 2XO
B. HYDROGRAPHIC SERVICES OFFICE (ESQUIMALT)
CFB ESQUIMALT (DOCKYARD)
C/O FORCES MAIL OFFICE
FMO, VICTORIA, BRITISH COLUMBIA, CANADA
VOS 1BO
8. OPERATION/TRANSMITTAL PROCEDURES
A. SHIPPING COSTS
THE COSTS OF MAILING OR SHIPPING MATERIALS WILL BE BORNE BY THE
TRANSMITTING AGENCY.
B. TRANSMITTAL PROCEDURES
EACH SHIPMENT WILL INCLUDE APPROPRIATE SUPPORTING DOCUMENTS AS
FOLLOWS:
(1) TO UNITED STATES OF AMERICA - TWO COPIES OF A TRANSMITTAL PAPER
LISTING ALL ITEMS SHIPPED ARE TO BE ENCLOSED IN THE SHIPMENT. A THIRD
COPY OF THE TRANSMITTAL PAPER WILL BE FORWARDED SEPARATELY TO THE
CONSIGNEE AS ADVANCE NOTICE OF SHIPMENT. A FOURTH COPY WILL BE SENT TO
THE DIRECTOR, DEFENSE MAPPING AGENCY HYDROGRAPHIC CENTER, WASHINGTON,
D.C., 20390, U.S.A. FOR SHIPMENTS CONSIGNED TO DMA DEPOTS, PHILADELPHIA
OR CLEARFIELD. ALL TRANSMITTALS, INCLUDING SUPPORTING DOCUMENTS, WILL
BEAR THE NOTATION; "EXCHANGE AGREEMENT MATERIAL - CANADIAN GOVERNMENT
CHARTS/PUBLICATIONS, DUTY FREE."
(2) TO CANADA - ONE COPY OF A TRANSMITTAL PAPER LISTING ALL ITEMS
SHIPPED, IS TO BE ENCLOSED IN THE SHIPMENT. A COPY OF THE TRANSMITTAL
PAPER WILL BE FORWARDED SEPARATELY TO BOTH THE DIRECTORATE OF
CARTOGRAPHY, NATIONAL DEFENCE HEADQUARTERS, OTTAWA, CANADA, AND TO THE
CANADIAN HYDROGRAPHIC SERVICE, MARINE SURVEYS DIRECTORATE, OTTAWA,
CANADA AS ADVANCE NOTICE OF SHIPMENT. ALL TRANSMITTALS, INCLUDING
SUPPORTING DOCUMENTS, WILL BEAR THE NOTATION: "EXCHANGE AGREEMENT
MATERIAL - UNITED STATES GOVERNMENT CHARTS/PUBLICATIONS, DUTY FREE".
ANNEX C TO MC&G AGREEMENT, US-CANADA
ADDENDUM LIST NO. 1 TO ANNEX C PARA 2A
CLASSIFIED MATERIALS TO BE FURNISHED BY DMAHC TO DCARTO
PART A TO HYDROGRAPHIC SERVICES OFFICE, HALIFAX
LIST DATE 31 DECEMBER 1975
CHART NO. QTY. CHART NO. QTY.
C 0405 60 L 0407 60
C 0410 60 L 0408 60
C 0411 60 L 0506 60
C 0412 60 L 0507 60
C 0413 50 L 0508 60
C 0609 60 L 0606 60
C 0610 60 L 0607 60
C 0611 60 L 0608 60
L 0207 50 L 0706 60
L 0208 50 L 0707 60
L 0211 50 L 0708 60
L 0307 60 L 0805 60
L 0308 60 L 0806 60
L 0310 60 L 0807 60
L 0311 50 L 2415 50
L 0312 50 38581 60
L 0406 60 38582 60
AR 2 P 2401 35 PADS EA. NATO 200 1G 1 30
AR 8 P 2401 35 PADS EA. NATO 200 2G 7 30
AR 9 P 2401 35 PADS EA. NATO 200 2G 8 30
AR 10 P 2401 35 PADS EA. NATO 200 2G 10 30
NA 1 P 2401 10 PADS EA. NATO 200 2G 12 30
NA 2 P 2401 10 PADS EA. NATO 200 2G 13 30
NA 4 P 2401 35 PADS EA. NATO 200 2G 16 30
NA 4A P 2401 35 PADS EA. NATO 200 2G 18 30
NA 5 P 2401 10 PADS EA.
NA 6 P 2401 35 PADS EA.
NA 7 P 2401 10 PADS EA.
NA 9 P 2401 10 PADS EA.
NA 11 P 2401 11 PADS EA.
PUBLICATION NO. QTY.
120 VOL. II 2
761 25
770 4
TR 72 5
SP 130 35
15678 8
LIST 1 A TO ANNEX C PARA 2A
ANNEX C TO MC&G AGREEMENT, US-CANADA
ADDENDUM LIST NO. 1 TO ANNEX C, PARA 2A
CLASSIFIED MATERIALS TO BE FURNISHED BY DMAHC TO DCARTO
PART B TO HYDROGRAPHIC SERVICES OFFICE, ESQUIMALT LIST DATE 31
DECEMBER 1975
CHART NO. QTY. CHART NO. QTY.
C 0609 2 C 2203 30
C 0610 2 C 2204 30
C 0611 2 C 2206 30
L 0608 2 C 2207 30
C 2004 30 C 2208 30
C 2005 30 C 2303 30
C 2104 30 N 1409 30
C 2105 30 N 1410 30
C 2106 30 38581 2
C 2107 30 38582 2
NP 6 P 2401 5 PADS
NP 9 P 2401 5 PADS
PUBLICATION NO. QTY.
120 VOL. II 1
120 VOL. IV 2
120 VOL. VI 1
120 VOL. VII 1
770 1
771 1
772 1
773 5
SP 130 1
TR 72 1
15678 2
LIST 1B TO ANNEX C PARA 2A
ANNEX C TO MC&G AGREEMENT, US-CANADA
ADDENDUM LIST NO. 2 TO ANNEX C, PARA 2B
UNCLASSIFIED MATERIALS TO BE FURNISHED BY DMAHC TO DCARTO
PART A
CHART NO. QTY.
1 200
5 100
16 125
17 15
19 60
55 5
65 50
78 85
80 50
123 50
131 100
132 85
134 75
145 50
310 50
410 50
803 50
804 50
5049 100
5090 (PADS) 800
5091 (PADS) 10
5131 75
7303 200
7304 200
7305 250
7312 200
7313 200
7314 200
7322 200
7323 200
7324 250
7325 200
7334 150
7335 200
7336 150
7337 150
7348 150
7349 200
7380 250
7381 250
7382 200
7403 25
7404 25
7405 25
7412 25
7413 25
7414 25
7422 25
7423 25
7424 25
7425 25
7434 25
7435 25
7436 25
7437 25
7448 25
7449 25
7450 25
7501 30
7502 30
7503 30
7504 35
7505 35
7506 35
7507 15
7508 50
7509 50
7513 75
7514 75
7515 35
7520 75
7521 75
7522 35
7523 35
7530 50
7531 50
7532 50
7533 35
7535 10
7544 50
7545 35
7546 35
7547 35
7548 10
7549 10
11159 35
11201 75
11202 75
11210 35
12041 75
12059 35
12119 50
12121 75
12169 75
13041 75
13050 75
13101 75
14000 100
14003 75
14017 100
14018 75
14023 100
15163 100
24032 85
24407 85
25000 35
25008 85
25016 95
25018 50
25C01 125
25C02 125
25C03 125
26030 75
26219 35
26221 75
26230 75
26344 90
27085 65
28030 60
38029 100
38032 75
38040 75
38320 75
38340 75
38341 75
38342 75
38343 75
38360 75
38380 75
38400 75
38420 75
38440 75
38460 75
38480 75
38500 75
38502 75
38503 75
38504 75
38505 75
38506 75
38520 75
38521 75
38540 75
38541 75
38560 75
38580 75
38584 75
38585 75
38586 75
38587 85
38588 75
38589 75
38590 75
38591 75
38592 75
51013 50
52000 35
52010 35
52020 35
52041 35
53000 35
53020 35
54000 35
54010 35
54020 35
54030 35
56000 35
56020 35
NA 1-2302 60
NA 3-2302 60
NA 4-2302 60
NA 5-2302 60
NA 6-2302 60
NA 7-2302 60
NA 9-2302 60
B 0111 50
B 0205 50
B 0216 50
B 0217 50
B 0304 50
B 0305 50
B 0401 50
B 0402 50
B 0403 50
B 0404 50
B 0501 50
B 0502 50
B 0504 50
B 0505 60
B 0602 50
B 0605 60
B 0704 50
B 0705 60
B 0712 60
B 0803 50
B 0804 50
B 0902 60
B 0903 60
B 0904 60
B 2216 50
B 2217 50
B 2801 35
C 0117 50
C 0315 50
C 0414 50
C 0415 50
C 0509 60
C 0511 60
C 0512 60
C 0513 60
C 0514 60
C 0515 60
C 0603 50
C 0612 60
C 0613 60
C 0614 60
C 0704 50
C 0705 60
C 0714 60
C 0803 50
C 0903 60
C 2215 50
C 2316 50
C 2317 50
C 3613 50
L 0107 50
L 0108 50
L 0109 50
L 0206 50
L 0209 50
L 0210 50
L 0306 60
L 0309 60
L 0313 50
LIST 2A TO ANNEX C PARA 2B
CATALOGS QTY.
1-N-A 16
1-N-L 75
1-N REG. 1 16
1-N REG. 2 16
1-N REG. 3 12
1-N REG. 4 12
1-N REG. 5 12
1-N REG. 6 12
1-N REG. 7 12
1-N REG. 8 12
1-N REG. 9 12
PUB. NO. QTY.
9 50
16 95
106 75
107 15
108 50
117A 2
117B 2
150 75
152 10
221 (101) 20
221 (102) 20
221 (103) 20
221 (104) 20
221 (105) 20
221 (106) 20
221 (107) 20
221 (108) 20
221 (109) 20
221 (110) 20
221 (111) 20
221 (112) 20
221 (113) 20
221 (114) 20
221 (115) 20
221 (116) 20
221 (117) 20
221 (118) 20
221 (119) 20
221 (120) 20
221 (121) 20
221 (122) 20
221 (123) 20
221 (124) 20
221 (125) 20
221 (126) 20
221 (127) 20
221 (128) 20
221 (129) 20
221 (130) 20
221 (131) 20
221 (132) 20
221 (1001) 5
221 (1002) 5
221 (2002) 1
OMEGA LATTICE TABLES
224 (100) 10 OF EA.
224 (101) 10 OF EA.
224 (102) 5 OF EA.
224 (105) 30 OF EA.
224 (106) 25 OF EA.
224 (107) 10 OF EA.
224 (111) 30 OF EA.
224 (112) 30 OF EA.
224 (113) 2 OF EA.
224 (118) 2 OF EA.
224 (119) 2 OF EA.
224 (124) 2 OF EA.
224 (125) 2 OF EA.
OMEGA CORRECTION TABLES (10.2) KHZ
224 (100-C) 35 OF EA.
224 (101-C) 35 OF EA.
224 (102-C) 5 OF EA.
224 (105-C) 35 OF EA.
224 (106-C) 35 OF EA.
224 (107-C) 35 OF EA.
224 (111-C) 35 OF EA.
224 (112-C) 35 OF EA.
224 (113-C) 5 OF EA.
224 (118-C) 3 OF EA.
224 (119-C) 3 OF EA.
224 (124-C) 3 OF EA.
224 (125-C) 3 OF EA.
OMEGA CORRECTION TABLES (3.4 KHZ)
224 (200-C) 5 OF EA.
224 (201-C) 3 OF EA.
224 (202-C) 3 OF EA.
224 (205-C) 8 OF EA.
224 (206-C) 6 OF EA.
224 (207-C) 3 OF EA.
224 (211-C) 7 OF EA.
224 (212-C) 5 OF EA.
224 (213-C) 3 OF EA.
224 (217-C) 2 OF EA.
224 (218-C) 3 OF EA.
224 (219-C) 3 OF EA.
224 (224-C) 3 OF EA.
PUBLICATION NO. QUANTITY
229 VOL. 1 75
229 VOL. 2 75
229 VOL. 3 220
229 VOL. 4 220
229 VOL. 5 100
229 VOL. 6 115
249 VOL. 1 30
249 VOL. 2 10
249 VOL. 3 10
260 3
261 3
603 3
607 50
700 SEC. 1 125
700 SEC. 2 6
700 SEC. 3 6
700 SEC. 4 13
700 SEC. 6 10
705 25
900 10
909 5
920 5
922 5
926 25
931 5
940 CHAPTER 3 5
940 CHAPTER 4 5
940 CHAPTER 8 5
940 CHAPTER 13 25
1310 60
NODC QTY.
PUB. G. 9 6
PUB. G. 12 7
NODC-EXP QTY.
3167/10(PAD) 5
SP-35 4
SP-60 15
SP-70 10
SP-92 14
SP-103 10
SP-105 11
SP-109 4
TR-104 50
TR-147 50
TR-148 8
TR-180 10
TR-192 3
TR-193 4
ANNEX C TO MC&G AGREEMENT, US-CANADA
ADDENDUM LIST NO. 2 TO ANNEX C, PARA 2B
UNCLASSIFIED MATERIALS TO BE FURNISHED BY DMAHC TO DCARTO
PART B. TO HYDROGRAPHIC SERVICES OFFICE, ESQUIMALT
CHART NO. QTY.
54 30
55 50
65 30
78 30
80 30
145 30
310 15
410 30
520 80
521 55
522 55
527 100
528 100
532 55
550 55
552 55
620 20
621 20
622 20
623 20
630 20
632 20
720 10
721 10
724 20
803 30
5091 100
5131 30
7302 50
7308 50
7309 50
7310 55
7317 50
7318 50
7319 50
7320 50
7328 50
7329 50
7330 50
7331 50
7332 50
7333 50
7342 50
7343 50
7344 50
7345 50
7348 50
7358 50
7402 10
7409 10
7410 10
7418 10
7419 10
7420 10
7430 10
7431 10
7432 10
7444 10
7445 10
7446 10
7501 25
7502 25
7503 2
7504 2
7505 2
7506 2
7507 25
7508 2
7509 2
7510 25
7511 25
7512 25
7513 2
7514 2
7515 2
7516 25
7517 25
7518 25
7519 25
7520 2
7521 2
7522 2
7523 2
7524 25
7525 25
7526 25
7527 25
7528 25
7529 25
7530 25
7531 2
7532 2
7533 2
7536 25
7537 25
7538 25
7539 25
7540 25
7541 25
7542 25
7543 25
7544 25
7545 2
7546 2
7547 2
7550 5
7551 5
7552 5
7553 5
7554 5
7555 5
7556 5
7557 5
7564 5
7565 5
7566 5
7567 5
7568 5
7569 5
7570 5
7571 5
7577 5
7578 5
7579 5
7580 5
7581 5
7582 5
7588 5
7589 5
7590 5
7591 5
7592 5
7597 5
7598 5
7599 5
7600 5 16017 25 16018 25 16022 25 16023 25 16024 25 16025 25 16026 25
17006 25 17009 25
18000 50 18001 60 18004 60 18008 25 18021 60 18321 60 18345 60 18350
60 18351 60 18C06 60
18C07 60 18C10 60 19003 60 19008 30 19071 60 19082 60 19084 60 19100
60 19141 60 19C00 60
19C02 60 19C03 60 21003 50 21008 50 21011 50 21014 50 21017 50 21020
50 21023 50 21026 50
21030 50 21033 50 21036 70 21060 50 21080 50 21100 50 21120 50 21301
50 21342 50 21401 50
21441 50 21442 50 21481 50 21491 50 21521 50 21525 50 21544 50 21545
50 21560 50 21580 50
21600 100 21602 50 21603 50 21604 50 21605 50 21661 50 22000 50 22008
20 22012 20 22016 20
22020 20 22024 20 22028 20 22032 20 22410 20 22471 20 22481 20 37000
35 43015 35 51007 30
61000 15 62000 10 62024 10 62028 10 63000 10 63005 10 63010 10 63015
10 63020 10 63025 10
74000 20 74003 20 74009 20 74015 20 74027 20 75015 20 75025 20 75035
20 75170 20 81706 60
81711 55 91010 30 94001 30 94027 30 94032 30 95015 30 96000 55 96036
35 97020 30 97025 30
BOTTOM CONTOUR
B 0901 30 B 0902 30 B 0903 30 B 1002 30 B 1003 30 B 1104 30 B 1202 30
B 1203 30 B 1204 30 B
1205 30 B 1206 30 B 1305 30 B 1306 30 B 1307 30 B 1308 30 B 1309 30 B
1310 30 B 1405 30 B 1406
30 B 1407 30 B 1408 30 B 1409 30 B 1410 30 B 1411 30 B 1412 30 B 1502
30 B 1505 30 B 1506 30 B
1507 30 B 1508 30 B 1510 30 B 1511 30 B 1512 30 B 1513 30 B 1602 30 B
1606 30 B 1607 30 B 1608
30 B 1610 30 B 1611 30 B 1612 30 B 1708 30 B 1709 30 B 1710 30 B 1711
30 B 1807 30 B 1808 30 B
1809 30 B 1810 30 B 1811 30 B 1813 30 B 1901 30 B 1902 30 B 1906 30 B
1907 30 B 1908 30 B 1909
30 B 1911 30 B 1913 30 B 2001 30 B 2009 30 B 2012 30 B 2013 30 B 2108
30 B 2109 30 B 2110 30 B
2111 30 B 2112 30 B 2113 30 B 2209 30 B 2210 30 B 2211 30 B 2212 30 B
2307 30 B 2308 30 B 2309
30 C 1503 30 C 1504 30 C 1603 30 C 1605 30 C 1703 30 C 1704 30 C 1705
30 C 1706 30 C 1707 30 C
1804 30 C 1806 30 C 1904 30 C 1905 30 C 1910 30 C 1912 30 C 2006 30 C
2007 30 C 2010 30 C 2011
30
LIST 2B TO ANNEX C PARA 2B
PUBLICATION NO. QUANTITY
1-N-A 2
1-N-L 2
1-N REGION 1 2
1-N REGION 2 2
1-N REGION 3 1
1-N REGION 4 1
1-N REGION 5 1
1-N REGION 6 1
1-N REGION 7 2
1-N REGION 8 2
1-N REGION 9 2
9 20
16 1
106 9
107 12
108 1
117A 1
117B 1
150 30
152 40
153 21
221 (101) 2S6 1
221 (102) 2S7 1
221 (103) 1L6 1
221 (104) 1L7 1
221 (105) 1L2 1
221 (106) 1L3 1
221 (107) 1H1 1
221 (108) 3L2 4
221 (109) 3L3 4
221 (110) 1L0 1
221 (111) 1L1 1
221 (112) 1L5 1
221 (113) 1L4 1
221 (114) 3L1 1
221 (115) 1S3 1
221 (116) 1S4 1
221 (117) 1H2 1
221 (118) 1H3 1
221 (119) 3H5 1
221 (120) 3H4 1
221 (121) 3H6 1
221 (122) 1S1 1
221 (123) 1S2 1
221 (124) 1S5 1
221 (125) 1S6 1
221 (126) 1S7 1
221 (127) 3H0 4
221 (128) 3H1 4
221 (129) 3H2 4
221 (130) 3H3 1
221 (131) 3L5 1
221 (132) 1H7 1
221 (201) 2S7 20
221 (202) 2H6 20
221 (203) 2H7 20
221 (204) 2L7 20
221 (205) 2H4 20
221 (206) 2H3 20
221 (207) 1L6 20
221 (208) 1L7 20
221 (209) 2L6 20
221 (210) 1H2 20
221 (211) 1H1 20
221 (213) 2L5 20
221 (214) 1H5 20
221 (215) 1H6 20
221 (216) 1L0 20
221 (217) 1L1 20
221 (218) 2S3 20
221 (219) 2S4 20
221 (220) 2S5 20
221 (221) 2S6 20
221 (222) 2L1 20
221 (223) 2L2 20
221 (224) 2L3 20
221 (225) 2S1 20
221 (226) 2S2 20
221 (227) 1L2 20
221 (228) 1L3 20
221 (229) 1L7 20
221 (230) 1L6 20
221 (231) 2H5 20
221 (232) 2H1 20
221 (233) 2S0 20
221 (234) 1L4 20
221 (235) 1L5 20
221 (1001) SS7-W 1
221 (1002) SS7-Y 1
221 (2002) SH7-X 3
224 (100) PAIR A-D 2
224 (100) PAIR A-H 2
224 (100) PAIR B-C 2
224 (100) PAIR B-H 2
224 (100) PAIR C-H 2
224 (101) PAIR A-C 2
224 (101) PAIR A-D 2
224 (101) PAIR A-E 2
224 (101) PAIR A-H 2
224 (101) PAIR B-D 2
224 (101) PAIR B-H 2
224 (101) PAIR C-D 2
224 (101) PAIR C-E 2
224 (102) PAIR A-B 2
224 (102) PAIR A-C 2
224 (102) PAIR A-D 2
224 (102) PAIR A-E 2
224 (102) PAIR B-C 2
224 (102) PAIR D-E 2
224 (102) PAIR D-H 2
224 (103) PAIR A-B 15
224 (103) PAIR A-C 15
224 (103) PAIR A-D 15
224 (103) PAIR B-C 15
224 (103) PAIR C-D 15
224 (103) PAIR C-H 15
224 (104) PAIR A-B 24
224 (104) PAIR A-C 24
224 (104) PAIR A-D 24
224 (104) PAIR B-C 24
224 (104) PAIR B-H 24
224 (104) PAIR C-D 24
224 (104) PAIR C-H 24
224 (105) PAIR A-B 5
224 (105) PAIR A-C 5
224 (105) PAIR A-D 5
224 (105) PAIR B-C 5
224 (105) PAIR B-D 5
224 (105) PAIR C-D 5
224 (105) PAIR C-H 5
224 (105) PAIR B-H 5
224 (105) PAIR D-H 5
224 (106) PAIR A-B 7
224 (106) PAIR A-C 7
224 (106) PAIR A-D 7
224 (106) PAIR B-C 7
224 (106) PAIR B-D 7
224 (106) PAIR B-H 7
224 (107) PAIR A-B 5
224 (107) PAIR A-D 5
224 (107) PAIR A-E 5
224 (107) PAIR B-C 5
224 (107) PAIR B-D 5
224 (107) PAIR D-E 5
224 (107) PAIR E-H 5
224 (108) PAIR A-C 10
224 (108) PAIR A-E 10
224 (108) PAIR A-H 10
224 (108) PAIR C-E 10
224 (108) PAIR E-H 10
224 (109) PAIR A-C 16
224 (109) PAIR D-H 16
224 (110) PAIR A-B 24
224 (110) PAIR A-C 24
224 (110) PAIR C-D 24
224 (110) PAIR D-F 24
224 (110) PAIR D-H 24
224 (110) PAIR F-H 24
224 (111) PAIR A-B 15
224 (111) PAIR A-C 15
224 (111) PAIR A-F 15
224 (111) PAIR B-C 15
224 (111) PAIR B-D 15
224 (111) PAIR C-D 15
224 (111) PAIR C-F 15
224 (111) PAIR B-F 15
224 (112) PAIR A-B 7
224 (112) PAIR A-C 7
224 (112) PAIR A-D 7
224 (112) PAIR A-E 7
224 (112) PAIR B-C 7
224 (112) PAIR B-D 7
224 (112) PAIR D-E 7
224 (112) PAIR D-F 7
224 (113) PAIR A-F 5
224 (113) PAIR E-F 5
224 (114) PAIR A-E 8
224 (114) PAIR E-H 8
224 (115) PAIR C-E 15
224 (115) PAIR C-F 15
224 (115) PAIR C-H 15
224 (115) PAIR E-F 15
224 (116) PAIR B-C 15
224 (116) PAIR D-F 15
224 (117) PAIR A-B 15
224 (117) PAIR B-C 15
224 (117) PAIR B-D 15
224 (117) PAIR C-D 15
224 (117) PAIR C-F 15
224 (117) PAIR D-F 15
224 (118) PAIR A-B 7
224 (118) PAIR A-C 7
224 (118) PAIR B-F 7
224 (118) PAIR D-E 7
224 (118) PAIR D-F 7
224 (118) PAIR E-F 7
224 (119) PAIR B-F 7
224 (121) PAIR C-H 10
224 (121) PAIR E-F 10
224 (121) PAIR E-H 10
224 (122) PAIR B-C 10
224 (123) PAIR C-F 10
224 (124) PAIR B-F 7
224 (124) PAIR E-F 7
224 (100-C) A 2
224 (100-C) B 2
224 (100-C) C 2
224 (100-C) D 2
224 (100-C) H 2
224 (101-C) A 2
224 (101-C) B 2
224 (101-C) C 2
224 (101-C) D 2
224 (101-C) H 2
224 (102-C) A 2
224 (102-C) B 2
224 (102-C) C 2
224 (102-C) D 2
224 (102-C) H 2
224 (103-C) A 15
224 (103-C) B 15
224 (103-C) C 15
224 (103-C) D 15
224 (103-C) H 15
224 (104-C) A 24
224 (104-C) B 24
224 (104-C) C 24
224 (104-C) D 24
224 (104-C) H 24
224 (105-C) A 5
224 (105-C) B 5
224 (105-C) C 5
224 (105-C) D 5
224 (105-C) H 5
224 (106-C) A 7
224 (106-C) B 7
224 (106-C) C 7
224 (106-C) D 7
224 (106-C) H 7
224 (107-C) A 5
224 (107-C) B 5
224 (107-C) D 5
224 (107-C) H 5
224 (108-C) A 10
224 (108-C) C 10
224 (108-C) H 10
224 (109-C) A 16
224 (109-C) C 16
224 (109-C) D 16
224 (109-C) H 16
224 (110-C) A 24
224 (110-C) B 24
224 (110-C) C 24
224 (110-C) D 24
224 (110-C) H 24
224 (111-C) A 15
224 (111-C) B 15
224 (111-C) C 15
224 (111-C) D 15
224 (111-C) H 15
224 (112-C) A 7
224 (112-C) B 7
224 (112-C) C 7
224 (112-C) D 7
224 (118-C) B 7
224 (118-C) D 7
224 (201-C) A 2
224 (201-C) B 2
224 (201-C) C 2
224 (201-C) D 2
224 (201-C) H 2
224 (204-C) A 5
224 (204-C) B 5
224 (204-C) C 5
224 (204-C) D 5
224 (204-C) H 5
224 (205-C) A 4
224 (205-C) B 4
224 (205-C) C 4
224 (205-C) D 4
224 (205-C) H 4
224 (206-C) A 2
224 (206-C) B 2
224 (206-C) C 2
224 (206-C) D 2
224 (206-C) H 2
224 (210-C) A 5
224 (210-C) B 5
224 (210-C) C 5
224 (210-C) D 5
224 (210-C) H 5
224 (211-C) A 2
224 (211-C) B 2
224 (211-C) C 2
224 (211-C) D 2
224 (211-C) H 2
224 (212-C) A 2
224 (212-C) B 2
224 (212-C) C 2
224 (212-C) D 2
229 VOL. 1 45
229 VOL. 2 45
229 VOL. 3 120
229 VOL. 4 135
229 VOL. 5 45
229 VOL. 6 35
249 VOL. 1 15
249 VOL. 2 10
249 VOL. 3 10
260 2
261 2
603 4
607 20
700 SEC. 1 1
700 SEC. 2 1
700 SEC. 3 1
700 SEC. 4 1
700 SEC. 6 1
705 16
900 1
901 16
902 4
906 16
907 4
909 2
918 4
920 1
922 1
926 1
929 16
931 1
940 CHAPTER 3 1
940 CHAPTER 4 1
940 CHAPTER 8 1
940 CHAPTER 13 1
941 CHAPTER 7 4
941 CHAPTER 9 4
941 CHAPTER 11 4
1301-S 5
1302-S 5
1303 5
1310 50
SP-35 14
SP-60 1
SP-70 (70) 6
SP 103 6
SP 105 4
SP 109 2
SP 123 15
TR 104 14
TR 147 1
TR 148 1
TR 180 6
TR 192 2
TR 193 2
TR 219 5
NOD 3167-10 50
NODC-G9 1
NODC-G12 2
LIST 2B TO ANNEX C PARA 2B
ANNEX C TO MC&G AGREEMENT, US-CANADA
ADDENDUM LIST NO. 3 TO ANNEX C, PARA 5
NATIONAL OCEAN SURVEY PRODUCTS TO BE FURNISHED BY DMAHC TO DCARTO
PART A TO HYDROGRAPHIC SERVICES OFFICE, HALIFAX
LAKE SURVEY CHART QUANTITY
LS- 7 25
21 70
22 70
23 70
24 70
25 70
32 50
33 50
34 50
35 50
39 50
41 50
42 50
43 50
51 40
52 40
53 40
60 45
61 45
62 45
63 45
70 30
73 30
74 30
75 30
76 30
77 30
92 45
93 45
94 40
95 40
96 40
97 40
98 40
211 70
225 70
234 70
238 70
312 50
314 50
332 50 LS-342 50
346 50
354 50
357 50
363 50
364 50
365 50
374 50
412 50
511 40
524 40
537 40
601 40
701 30
702 30
703 30
704 30
705 30
706 30
718 30
723 30
725 30
728 30
735 30
743 30
745 30
751 30
752 30
755 30
758 30
763 30
765 30
767 30
768 30
774 30
776 30
777 30
789 30
931 40
935 40
943 40 LS-944 40
961 40
964 40
966 40
981 40
LIST 3A TO ANNEX C PARA 5
NOS CHART QTY. NOS CHARTS QTY. NOS CHARTS QTY.
71 90 560 70 1204 80 114SC 80 562 70 1205 80 205 80 566 70 1206 80
211 80 569 70 1207 80 220
80 570 70 1208 80 223 80 572 70 1209 80 226 80 576 60 1210 80 233 80
584 60 1211 80 236 80
636SC 70 1212 80 240 80 690-SC 70 1213 80 241 80 745 80 1214 80 246
90 801 155 1215 80 248 90
901 75 1216 70
249 80 902 75 1217 70
251 80 903 75 1218 70 252 80 904 75 1219 70 278 80 905 75 1222 70 280
70 908 75 1223 70 293 80
913 75 1224 70 294 70 914 75 1225 70 295 70 915 75 1226 70 306 80 917
75 1227 70 311 80 918 75
1236 70 315 80 920 75 1238 70 325 80 921 75 1239 70 352 80 922 75
1240 70 353 80 923 75 1243
70 359 80 924 75 2148 60 362 80 927 75 1270 60 369 90 933 75 1271 60
400 70 935 75 1272 60 423
70 937 75 4000 50 440 70 938 75 4001 10 452 70 940 75 4102 10 470 70
1000 80 4115 10 481 70
1001 70 4116 10 492 70 1003 60 4117 10 518 60 1106 80 4130 10 541 90
1107 80 4132 10 545 70
1108 80 4185 10 546 60 1109 70 4188 10 547 60 1110 70 4197 10 549 70
1111 70 5002 10 550 70
1112 60 5020 35 557 70 1201 80 5021 35 558 70 1202 80 5022 35 559 70
1203 80 5052 10
5060 10 6401 15 8505 15
5072 10 6403 15 8515 15
5101 35 6404 15 8517 15
5105 10 6405 15 8519 15
5110 10 6407 15 8520 15
5111 10 6421 15 8521 15
5112 10 6422 15 8525 15
5113 10 6440 15 8529 15
5114 10 6441 15 8534 15
5115 10 6442 15 8535 15
5116 10 6445 15 8545 15
5120 10 6446 15 8546 15
5142 10 6448 15 8551 15
5147 35 6450 15 8552 15
5148 10 6460 15 8553 15
5202 10 6461 15 8554 15
5302 10 6462 15 8556 15
5402 10 8002 15 8557 15
5403 10 8053 15 8720 15
5502 10 8075 15 8802 15
5525 10 8078 15 8859 15
5531 10 8079 15 8860 15
5532 35 8080 15 8861 15
5533 35 8095 15 8862 15
5535 10 8102 15 8863 15
5599 10 8141 15 8864 15
5602 10 8152 15 8865 15
5702 10 8160 15 8993 15
5802 10 8161 15 8994 15
5832 10 8165 15 8995 15
5902 10 8170 15 9000 15
5984 10 8173 15 9006 15
6002 10 8201 15 9007 15
6102 10 8202 15 9008 15
6151 35 8210 15 9021 15
6152 10 8235 15 9024 15
6153 10 8244 15 9102 15
6155 10 8248 15 9119 15
6166 10 8252 15 9141 15
6185 10 8255 15 9193 15
6195 10 8281 15 9198 15
6265 10 8302 15 9302 15
6266 10 8303 15 9370 15
6300 15 8304 15 9380 15
6303 15 8402 15 9383 15
6376 15 8455 15 9400 15
6378 15 8500 15 9402 14
6379 15 8502 15 9403 14
9450 15
9451 15
9452 15
9453 15
9454 15
9455 15
9456 15
9457 15
9458 15
9459 15
9460 15
9461 15
9462 15
9463 15
9464 15
9465 15
9466 15
9467 15
9468 15
9469 15
9470 15
9471 15
9472 15
9473 15
9474 15
9475 15
9476 15
9477 15
9478 15
LIST 3A TO ANNEX C PARA 5
COAST PILOTS QUANTITY
EAST PORT TO CAPE COD (1) 75
CAPE COD TO SANDY HOOK (2) 75
SANDY HOOK TO CAPE HENRY (3) 55
CAPE HENRY TO KEY WEST (4) 55
GULF OF MEXICO, PUERTO RICO AND
VIRGIN ISLANDS (5) 20
CALIFORNIA, OREGON, WASHINGTON
AND HAWAII (7) 45
DIXON ENTRANCE TO CAPE SPENCER (8) 10
CAPE SPENCER TO BEAUFORT SEA (9) 10
GREAT LAKES PILOT 65
TIDE TABLES QUANTITY
EAST COAST, NORTH & SOUTH AMERICA 60
WEST COAST NORTH & SOUTH AMERICA 2
CURRENT TABLES QUANTITY
ATLANTIC COAST OF NORTH AMERICA 60
PACIFIC COAST OF NORTH AMERICA 2
TIDAL CURRENT CHARTS QUANTITY
LONG ISLAND SOUND AND BLOCK ISLAND
SOUND 5
SAN FRANCISCO BAY 10
PUGET SOUND NORTH 10
PUGET SOUND SOUTH 10
CATALOGS QUANTITY
ATLANTIC & GULF COASTS (1) 100
PACIFIC COAST (2) 15
ALASKA (3) 15
GREAT LAKES (4) 15
AERONAUTICAL CHARTS AND PUBLICATIONS 15
LIST 3A TO ANNEX C PARA 5
VFR TERMINAL QUANTITY
NEW YORK 50
WASHINGTON 50
LOCAL CHART QUANTITY
SAN JUAN 100
LIST 3B TO ANNEX C, PARA 5
ANNEX C TO MC&G AGREEMENT, US-CANADA
ADDENDUM LIST NO. 3 TO ANNEX C, PARA 5
NATIONAL OCEAN SURVEY PRODUCTS TO BE FURNISHED BY DMAHC TO DCARTO
PART B. TO HYDROGRAPHIC SERVICES OFFICE, ESQUIMALT
NOS CHART QTY.
71 30
530 55
540 50
690SC 110
1108 30
4000 50
4001 50
4102 50
4115 50
4116 50
4117 50
4130 50
4132 50
4185 50
4188 50
4197 50
5002 50
5020 105
5021 105
5022 105
5052 50
5060 50
5072 50
5101 50
5105 50
5110 50
5111 50
5112 50
5113 50
5114 50
5115 50
5116 50
5120 50
5142 50
5147 50
5148 50
5202 50
5302 50
5402 50
5403 50
5502 50
5525 50
5531 50
5532 50
5533 50
5535 50
5599 50
5602 50
5702 50
5802 50
5832 50
5902 50
5984 50
6002 50
6102 70
6151 50
6152 50
6153 50
6154 50
6155 50
6166 50
6185 50
6195 50
6265 50
6266 50
6300 30
6303 110
6376 125
6378 125
6379 135
6401 110
6403 110
6404 110
6405 110
6407 110
6421 110
6422 110
6440 110
6441 110
6442 110
6445 110
6446 110
6448 110
6450 110
6460 110
6462 110
8002 100
8053 75
8075 45
8078 45
8079 45
8080 45
8095 45
8102 45
8141 75
8142 45
8152 45
8160 45
8161 45
8165 45
8170 45
8173 45
8201 45
8202 45
8210 45
8235 45
8244 45
8248 45
8252 45
8255 45
8281 45
8302 45
8303 45
8304 45
8402 45
8455 45
8500 50
8502 95
8505 45
8515 40
8517 40
8619 40
8520 40
8521 40
8525 40
8529 40
8534 40
8535 40
8545 40
8546 40
8551 40
8552 40
8553 40
8554 40
8556 40
8557 40
8720 40
8802 95
8859 40
8860 40
8861 40
8862 40
8863 40
8864 40
8865 40
8993 20
8994 20
8995 20
9000 55
9006 40
9007 40
9008 40
9021 40
9024 40
9102 95
9119 40
9141 40
9193 40
9198 40
9302 80
9370 20
9380 20
9383 20
9400 20
9402 20
9403 20
9450 20
9451 20
9452 20
9453 20
9454 20
9455 20
9456 20
9457 20
9458 20
9459 20
9460 20
9461 20
9462 20
9463 20
9464 20
9465 20
9466 20
9467 20
9568 20
9569 20
9470 20
9471 20
9472 20
9473 20
9474 20
9475 20
9476 20
9477 20
9478 20
LIST 3B TO ANNEX C, PARA 5
COAST PILOTS QUANTITY
EAST PORT TO CAPE COD (1) 2
CAPE COD TO SANDY HOOK (2) 2
SANDY HOOK TO CAPE HENRY (3) 2
CAPE HENRY TO KEY WEST (4) 2
CALIFORNIA, OREGON, WASHINGTON AND
HAWAII (7) 80
DIXON ENTRANCE TO CAPE SPENCER,
ALASKA (8) 40
CAPE SPENCER TO BEAUFORT SEA (9) 40
TIDE TABLES QUANTITY
EAST COAST NORTH & SOUTH AMERICA 1
WEST COAST NORTH & SOUTH AMERICA 20
CURRENT TABLES QUANTITY
ATLANTIC COAST OF NORTH AMERICA 1
PACIFIC COAST OF NORTH AMERICA AND ASIA 40
TIDAL CURRENT CHARTS QUANTITY
PUGET SOUND NORTH 40
PUGET SOUND SOUTH 40
SAN FRANCISCO BAY 31
CATALOGS QUANTITY
ATLANTIC AND GULF COASTS (1) 2
PACIFIC COAST (2) 3
ALASKA (3) 3
AERONAUTICAL CHARTS 3
ANNEX C TO MC&G AGREEMENT, US-CANADA
ADDENDUM LIST NO. 4 TO ANNEX C, PARA 5
NATIONAL OCEAN SURVEY (NOS) AERONAUTICAL CHARTS TO BE FURNISHED BY
DMAHC TO DCARTO
SECTIONALS QUANTITY
ATLANTA 100
CHARLOTTE 150
CHICAGO 25
CINCINNATI 25
DETROIT 25
GREEN BAY 25
HOUSTON 100
JACKSONVILLE 100
MIAMI 100
NEW ORLEANS 100
NEW YORK 150
WASHINGTON 200
VFR TERMINAL QUANTITY
NEW YORK 100
WASHINGTON 100
AIRCRAFT POSITION QUANTITY
3071 100
3073 100
3097 100
LOCAL CHART QUANTITY
SAN JUAN 100
GERMANY, FEDERAL REPUBLIC OF 22 OCT 1974 FLITE DOCUMENT NO. 7900016
AGREEMENT EXECUTED 22 OCTOBER 1974.
AGREEMENT REGARDING FURNISHING AND REIMBURSEMENT OF SERVICES AND
FACILITIES RENDERED TO THE US FORCES.
BETWEEN THE FEDERAL REPUBLIC OF GERMANY, REPRESENTED BY THE FEDERAL
MINISTRY OF DEFENSE, THE LATTER REPRESENTED BY MILITARY DISTRICT
ADMINISTRATION V, STUTTGART,
THE US FORCES, REPRESENTED BY THE DEPUTY CHIEF OF STAFF FOR LOGISTICS
(DCSLOG), HQ USAREUR AND SEVENTH ARMY, HEIDELBERG, APO 09403,
REGARDING FURNISHING AND REIMBURSEMENT OF SERVICES RENDERED TO THE US
FORCES
THE FOLLOWING FACILITIES AT BAD MERGENTHEIM ARE MADE AVAILABLE BY THE
FEDERATION TO THE US FORCES FOR THEIR EXCLUSIVE USE FREE OF CHARGE:
A. TROOP BILLET (BLDG. 7)
B. 15 PARKING LOTS IN FRONT OF BLDG. 7
THE FEDERATION AUTHORIZES THE US FORCES TO CO-USE THE FOLLOWING
INSTALLATIONS FREE OF CHARGE:
A. HELICOPTER LANDING PAD AT THE SOD AREA IN FRONT OF THE KASERNE
GATE;
B. BOQ
C. NCO BILLETS AND MESSHALL
D. EM MESSHALL
E. SPORTS FACILITIES UPON ADVANCE NOTICE
F. AS FAR AS POSSIBLE AND AFTER LOCAL ARRANGEMENTS WITH THE SUPPLY
BATTALION 12 (VERSORGUNGSBATAILLON 12), TECHNICAL ROOMS AND
INSTALLATIONS FOR MAINTENANCE OF OFFICIAL VEHICLES.
IN ACCORDANCE WITH ARTICLE 63, PARAGRAPH 4(D) OF THE SUPPLEMENTARY
AGREEMENT TO NATO SOFA, THE FEDERATION WILL RENDER THE FOLLOWING
SERVICES AGAINST REIMBURSEMENT:
A. HEATING OF THE ROOMS IN ACCORDANCE WITH GERMAN STANDARDS
B. WATER SUPPLY, INCLUDING SEWAGE REMOVAL
C. REFUSE COLLECTION
D. HOT WATER IN ACCORDANCE WITH GERMAN STANDARDS
E. ELECTRICITY
F. MAINTAINING EXISTING TELEPHONE NET (GERMAN MILITARY SYSTEM)
BETWEEN ALUDA AND BAD MERGENTHEIM.
IN ACCORDANCE WITH THE PROVISIONS OF THE "PROCEDURAL ARRANGEMENT
BETWEEN THE GOVERNMENT OF THE FEDERAL REPUBLIC OF GERMANY, REPRESENTED
BY THE PMOD, AND THE GOVERNMENT OF THE UNITED STATES, REPRESENTED BY THE
USCINCEUR, CONCERNING THE JOINT USE OF MEDICAL AND DENTAL FACILITIES" OF
4 APRIL 1962, THE FEDERATION GRANTS MEDICAL AND DENTAL EMERGENCY
TREATMENT AND MEDICAL EVACUATION SERVICES.
A TELEPHONE CONNECTION (MAIN SUBSCRIBER LINE) FOR DIRECT DIALING
BETWEEN LAUDA BUNKER AND BUILDING 7 IN BAD MERGENTHEIM IS MADE
AVAILABLE.
WHEN CO-USING SPECIAL SERVICES FACILITIES (MESSHALLS, BILLETS) AND
OTHER INSTALLATIONS TO WHICH THEY HAVE ACCESS, THE US FORCES ARE SUBJECT
TO ORDER AND SAFETY REGULATIONS APPLICABLE TO THE BUNDESWEHR. THE
KASERNE ORDER AND THE SAFETY REGULATIONS WILL BE ISSUED TO THE US FORCES
IN GERMAN AND ENGLISH.
THE US FORCES OBLIGATE THEMSELVES TO COMPLY WITH REGULATIONS OF THE
FEDERATION PERTAINING TO INNER AND OUTER SAFETY, AND TO FIRE PROTECTION
AND OPERATIONAL SAFETY.
COSTS FOR UTILITY SERVICES LISTED IN ARTICLE 3 WILL BE BORNE BY THE
US FORCES. (ART. 63, PARAGRAPH 4 (D), SA TO NATO SCFA).
CONSUMPTION IN DETERMINED BY INTERMEDIATE METER READING. SETTLEMENTS
FOR ELECTRICITY AND WATER CHARGES WILL BE EFFECTED SUBSEQUENTLY ON A
MONTHLY BASIS.
SETTLEMENT FOR SEWAGE CHARGES, BASED ON THE WATER CONSUMPTION, WILL
BE EFFECTED IN ACCORDANCE WITH THE RESPECTIVE RATES OF THE CITY OF BAD
MERGENTHEIM. THE SAME PROCEDURE APPLIES TO REFUSE COLLECTION.
SUBSEQUENT BILLING FOR PROPORTIONATE HEATING AND HOT WATER COSTS WILL
BE EFFECTED QUARTERLY.
SIX COPIES OF CALCULATION DOCUMENTS AND BILLS WILL BE FORWARDED TO
THE NEAREST FACILITIES ENGINEER OFFICE FOR CERTIFICATION. HEREAFTER,
THE DOCUMENTS AND BILLS WILL BE SUBMITTED TO THE SERVICING FINANCE AND
ACCOUNTING OFFICE FOR PAYMENT.
PAYMENT FOR SERVICES RENDERED IN ACCORDANCE WITH ARTICLE 3 AND BILLED
BY THE POST ADMINISTRATIVE HEADQUARTERS AND MERGENTHEIM HAS TO BE
EFFECTED BY THE US FORCES WITHIN 45 DAYS UPON RECEIPT OF THE BILL BY
REMITTING THE AMOUNT IN FAVOR OF POST ADMINISTRATIVE HEADQUARTERS BAD
MERGENTHEIM TO THE LAND CENTRAL BANK, STUTTGART, ACCOUNT NO. 600 01 007.
THE FACILITIES AND SERVICES LISTED IN THE ACCOMMODATION CONSIGNMENT
AGREEMENT OF 7 NOVEMBER 1972 ARE MADE AVAILABLE TO THE US FORCES FOR AN
INDEFINITE PERIOD OF TIME. IF THE REQUIREMENT CEASES, THE US FORCES
MUST RETURN THIS ACCOMMODATIONS TO THE FEDERATION AND VACATE THEM WITHIN
180 DAYS.
THE AGREEMENT CAN BE SUPPLEMENTED OR AMENDED BY MUTUAL CONSENT.
AMENDMENTS OR SUPPLEMENTS TO THE AGREEMENT MUST BE MADE IN WRITING AND
HAVE TO BE SIGNED BY BOTH PARTIES TO THE AGREEMENT.
THIS AGREEMENT IS MADE IN ENGLISH AND GERMAN. BOTH TEXTS ARE EQUALLY
BINDING.
THE AGREEMENT BECOMES EFFECTIVE WHEN SIGNED BY BOTH PARTIES THERETO.
IF IT IS NOT SIGNED BY BOTH PARTIES ON THE SAME DATE, IT BECOMES
EFFECTIVE WHEN THE LAST SIGNATURE IS EFFECTED.
REIMBURSABLE SERVICES RENDERED BY THE FEDERATION UNTIL THE BEGINNING
OF THE AGREEMENT IN ACCORDANCE WITH ARTICLE 3 OF THIS AGREEMENT MUST BE
SUBSEQUENTLY SETTLED, AS FAR AS SETTLEMENT THEREFOR WAS NOT EFFECTED.
MILITARY DISTRICT ADMINISTRATION V
STUTTGART,
BY DIRECTION
FOR THE US FORCES:
HEIDELBERG,
V. G. EVANS
COL, GS
C, PLANS & OPS DIV
DCSLOG, USAREUR
(MAP OMITTED)
GERMANY, FEDERAL REPUBLIC OF 24 SEP 1975 FLITE DOCUMENT NO. 7900015
AGREEMENT EXECUTED 24 SEPTEMBER 1975.
AGREEMENT REGARDING SUPPLYING AND STANDARDS OF QUALITY OF FUEL
REQUIRED BY US FORCES DURING EXERCISE "STRAFFE ZUEGEL".
THE FEDERAL MINISTER OF DEFENSE, REPRESENTED BY GERMAN TERRITORIAL
SOUTHERN COMMAND (GTSC), HEIDELBERG, AND 1. (GE, KORPS, MUENSTER,
THE COMMANDER IN CHIEF, UNITED STATES ARMY, EUROPE AND SEVENTH ARMY,
REPRESENTED BY THE DEPUTY CHIEF OF STAFF FOR LOGISTICS (DCSLOG), HQ
USAREUR AND SEVENTH ARMY, HEIDELBERG, ACTING ON BEHALF OF USAREUR AS
WELL AS THE US MARINE CORPS,
1. PURPOSE OF THE AGREEMENT
THIS AGREEMENT DEFINES THE CONDITIONS FOR PROVISION OF FUEL (DIESEL
(F-54), MOGAS (F-46), AND JP-4 (F-401), WHICH MUST CONFORM TO NATO
STANDARDS OF QUALITY, BY THE BUNDESWEHR FOR US ARMY AND US MARINE CORPS
USE FOR EXERCISE "STRAFFE ZUEGEL" AND FOR REIMBURSEMENT OR REPLACEMENT
IN KIND THEREOF BY USAREUR.
2. US ARMY AND US MARINE CORPS FUEL REQUIREMENTS
A. THE ESTIMATED US ARMY FUEL REQUIREMENTS ARE AS FOLLOWS:
MOGAS (F-46) 360.000 LITERS (95,000 GALLONS)
DIESEL (F-54) 540.000 LITERS (142,000 GALLONS)
JP-4 (F-40) 40.000 LITERS (10,500 GALLONS)
B. THE ESTIMATED US MARINE CORPS FUEL REQUIREMENTS ARE AS FOLLOWS:
MOGAS (F-46) 11.500 LITERS (3,000 GALLONS)
DIESEL )F-54) 34.000 LITERS (9,000 GALLONS)
JP-4 (F-40) 230.000 LITERS (60,000 GALLONS)
C. THE QUANTITIES LISTED IN A AND B, ABOVE, MAY BE EXCEEDED WITHOUT
CONSULTING WITH USARERU, IF EXERCISE "STRAFFE ZUEGEL" REQUIREMENTS SO
DICTATE. UPON USAREUR REQUEST, THE BUNDESWEHR WILL FURNISH A DAILY
STATUS REPORT ON FUEL ISSUED.
3. PROVISIONS FOR ISSUE OF FUEL
A. FUEL REQUIRED FOR THE US ARMY FOR EXERCISE "STRAFFE ZUEGEL" WILL
BE ISSUED AS FOLLOWS:
(1) MOGAS AND DIESEL WILL BE ISSUED AT HODENHAGEN.
(2) JP-4 WILL BE ISSUED AT CELLE.
B. FUEL REQUIRED BY THE US MARINE CORPS FOR EXERCISE "STRAFFE ZUEGEL"
WILL BE ISSUED AS FOLLOWS:
ISSUE POINT FOR MOGAS, DIESEL, AND JP-4 WILL BE THE
HEERESFLUGPLATZKOMMANDANTUR 104, ROTENBURG/HANNOVER, OR WITHIN ITS
VICINITY.
4. METHODS AND PROVISIONS FOR ISSUE OF FUEL, APPROPRIATE RECORD
KEEPING, AND REIMBURSEMENT OR REPLACEMENT IN KIND
1. THE BUNDESWEHR WILL CLEARLY IDENTIFY AND KEEP SEPARATE RECORDS
REFLECTING US ARMY AND US MARINE CORPS FUEL CONSUMPTIONS. ALL ISSUE AND
BILLING RECORDS AND DOCUMENTS PERTAINING TO THIS EXERCISE WILL BE
CLEARLY MARKED "EXERCISE STRAFFE ZUEGEL."
2. US ARMY REQUIREMENT FOR MOGAS AND DIESEL AT ISSUE POINT
HODENHAGEN:
A. THE BUNDESWEHR WILL PREPARE IN ENGLISH AND HAVE AVAILABLE AT THE
FUEL ISSUE POINT (MOGAS AND DIESEL) A FORM TO BE FILLED OUT BY EACH
DRIVER:
PRINTED NAME OF RECIPIENT OF FUEL
RANK
SSN NUMBER
ORGANIZATION/UNIT
LICENSE PLATE OR VEHICLE NUMBER
QUANTITY OF FUEL RECEIVED (KILOGRAM OR LITERS)
DATE AND SIGNATURE
B. THIS DOCUMENT WILL BE COLLECTED BY THE ISSUE POINT AND USED TO
FILL OUT, ON A DAILY BASIS, FORM BW 9-1/59 (CERTIFICATE OF SUPPLY) IN
ONE ORIGINAL AND TWO COPIES. THE US CONTACT TEAM (OIC OR NCOIC) WILL
CERTIFY ON ALL COPIES OF THE DAILY CERTIFICATES OF SUPPLY THE TOTAL OF
DAILY RECEIPTS BASED UPON DOCUMENTARY EVIDENCE PRESENTED. THE SECOND
COPY OF THE CERTIFICATES OF SUPPLY WILL BE FURNISHED DAILY TO THE US
CONTACT TEAM. THE ORIGINAL AND FIRST COPY OF THE CERTIFICATES OF
SUPPLY, PLUS THE DOCUMENT FILLED OUT BY THE DRIVER AND THE WEIGHT CARD
WILL BE COLLECTED BY THE BUNDESWEHR. THE BUNDESWEHR WILL, UPON
TERMINATION OF THE EXERCISE, FORWARD THROUGH BUNDESWEHR CHANNELS ITS
BILL, ACCOMPANIED BY THE ORIGINAL SIGNED COPIES OF DAILY CERTIFICATES OF
SUPPLY, THE DOCUMENTS FILLED OUT BY THE DRIVERS, AND THE WEIGHT CARDS TO
THE COMMANDER, US ARMY CENTRAL FINANCE AND ACCOUNTING OFFICE, EUROPE,
ATTN: AEUT-CFAC, APO 09403, FOR PAYMENT ACTION BY USAREUR. THE CURRENT
PRICE OF FUEL WILL BE EXCLUSIVE OF ALL TAXES FOR WHICH THE US FORCES ARE
EXEMPT. IF THE METHOD OF REPLACEMENT IN KIND IS SELECTED, GTSC,
HEIDELBERG, AND USAREUR WILL JOINTLY ESTABLISH A MUTUALLY ACCEPTABLE
PROCEDURE THEREFOR.
3. US ARMY JP-4 REQUIREMENT WITH ISSUE POINT AT CELLE:
A. THE BUNDESWEHR WILL MAKE AVAILABLE AT CELLE MP-4 TO THE US ARMY
FROM THE UNDERGROUND STORAGE FACILITY. THE ISSUE OF FUEL WILL BE
RECORDED IN A BOOK TO BE ESTABLISHED. THE BOOK WILL CONTAIN INFORMATION
AS TO:
PRINTED NAME OF RECIPIENT OF FUEL
RANK
SSN NUMBER
ORGANIZATION/UNIT
REGISTRATION NUMBER OF TANKER/TAIL NUMBER OF AIRCRAFT
QUANTITY OF FUEL RECEIVED
DATE AND SIGNATURE
UPON REQUEST BY USAREUR, THE BUNDESWEHR IS WILLING TO PROVIDE ON A
DAILY BASIS RECORDS REFLECTING THE US ARMY FUEL CONSUMPTION.
B. AT THE END OF THE EXERCISE, THE BUNDESWEHR, ON THE BASIS OF ALL
RECORDS CONTAINED IN THE BOOK, WILL ESTABLISH A SUMMARY FORM BW 9-1/59
(CERTIFICATE OF SUPPLY) IN ONE ORIGINAL AND SIX COPIES. THE AUTHORIZED
US ARMY REPRESENTATIVE WILL CERTIFY THE TOTAL CONSUMPTION ON FORM BW
9-1/59 (CERTIFICATE OF SUPPLY). THEREAFTER, THE BUNDESWEHR WILL FORWARD
THIS DOCUMENT WITH ALL SUPPORTING DOCUMENTS TO GTSC, HEIDELBERG, G-4
SECTION. GTSC, HEIDELBERG, AND USAREUR WILL COORDINATE WITH EACH OTHER
AND DECIDE WITHIN 30 DAYS ON EITHER REPLACEMENT IN KIND OR
REIMBURSEMENT. SHOULD THE DECISION BE MADE IN FAVOR OF PAYMENT, GTSC,
HEIDELBERG WILL FORWARD THE AFOREMENTIONED ORIGINAL DOCUMENTS THROUGH
BUNDESWEHR CHANNELS TO THE COMMANDER, US ARMY CENTRAL FINANCE AND
ACCOUNTING OFFICE, EUROPE, ATTN: AEUT-CFAC, APO 04903, FOR PAYMENT
ACTION TO BE EFFECTED BY USAREUR. THE CURRENT PRICE OF FUEL WILL BE
EXCLUSIVE OF ALL TAXES FOR WHICH THE US FORCES ARE EXEMPT. IF THE
METHOD OF REPLACEMENT IN KIND IS SELECTED, GTSC, HEIDELBERG AND USAREUR
WILL JOINTLY ESTABLISH A MUTUALLY ACCEPTABLE PROCEDURE THEREFOR.
4. US MARINE CORPS MOGAS AND DIESEL REQUIREMENTS WITH ISSUE POINT AT
HEERESFLUGPLATZKOMMANDANTUR 104, ROTENBURG/HANNOVER, OR WITHIN ITS
VICINITY:
A. MOGAS AND DIESEL WILL BE DISPENSED BY THE BUNDESWEHR TO THE US
MARINE CORPS BY RECORDING THE ISSUED QUANTITIES IN A BOOK TO BE
ESTABLISHED. THIS BOOK WILL CONTAIN INFORMATION AS TO:
PRINTED NAME OF RECIPIENT OF FUEL
RANK
SSN NUMBER
ORGANIZATION/UNIT
LICENSE PLATE OR VEHICLE NUMBER
QUANTITY OF FUEL RECEIVED
DATE AND SIGNATURE
UPON REQUEST, THE BUNDESWEHR IS WILLING TO PROVIDE, ON A DAILY BASIS,
RECORDS REFLECTING THE US MARINE CORPS GROUND FUEL CONSUMPTION.
B. AT THE END OF THE EXERCISE, THE BUNDESWEHR, ON THE BASIS OF ALL
RECORDS CONTAINED IN THE BOOK, WILL ESTABLISH A SUMMARY FORM BW 91-/59
(CERTIFICATE OF SUPPLY) IN ONE ORIGINAL AND SIX COPIES. THE AUTHORIZED
US MARINE CORPS REPRESENTATIVE WILL CERTIFY THE TOTAL CONSUMPTION ON
FORM BW 9-1/59 (CERTIFICATE OF SUPPLY). THEREAFTER, THE BUNDESWEHR WILL
FORWARD THIS DOCUMENT WITH ALL SUPPORTING DOCUMENTS THROUGH BUNDESWEHR
CHANNELS TO THE COMMANDER, US ARMY CENTRAL FINANCE AND ACCOUNTING
OFFICE, EUROPE, ATTN: AEUT-CFAC, APO 09403, FOR PAYMENT ACTION BY
USAREUR. THE CURRENT PRICE FOR FUEL WILL BE EXCLUSIVE OF ALL TAXES FOR
WHICH THE US FORCES ARE EXEMPT. IF THE METHOD OF REPLACEMENT IN KIND IS
SELECTED, GTSC, HEIDELBERG AND USAREUR WILL JOINTLY ESTABLISH A MUTUALLY
ACCEPTABLE PROCEDURE THEREFOR.
5. US MARINE CORPS JP-4 REQUIREMENT WITH ISSUE POINT AT
HEERESFLUGPLATZKOMMANDANTUR 104, ROTENBURG/HANNOVER:
A. JP-4 WILL BE DELIVERED IN RAILCAR CONTAINERS BY THE BUNDESWEHR TO
THE RAILSIDING LOCATED AT ROTENBURG AIR BASE. THE BUNDESWEHR WILL TAKE
APPROPRIATE MEASURES TO ASSURE SAFETY AND SECURITY OF LOADED RAILCAR
CONTAINERS IN ACCORDANCE WITH BUNDESWEHR REGULATIONS. UPON ARRIVAL OF
THE LOADED RAILCAR CONTAINERS AT ROTENBURG AIR BASE, THE BUNDESWEHR WILL
BREAK THE SEALS OF THE CONTAINERS, OPEN THEM AND ASSURE THAT THE
CONTAINERS ARE FULLY LOADED; (SHOULD A CONTAINER FOUND TO BE NOT FULL,
THE RESPECTIVE QUANTITY WILL BE DETERMINED BY A MEASURING PROCEDURE).
THEREAFTER, THE BUNDESWEHR WILL TAKE SAMPLES OF THE CONTENTS OF EACH
CONTAINER AND HAVE THEM ANALYZED IN ACCORDANCE WITH BUNDESWEHR STANDARDS
AND PROCEDURES.
B. THE BUNDESWEHR WILL PUMP THE FUEL FROM THE RAILCAR CONTAINERS INTO
TANK TRUCKS. FILLING OF THE US MARINE CORPS HELICOPTERS WILL BE
EFFECTED FROM THESE TANK TRUCKS, WHICH ARE EQUIPPED WITH GAUGED METERS,
INDICATING EXACTLY THE QUANTITIES OF FUEL DISPENSED TO THE US MARINE
CORPS HELICOPTERS.
C. THE BUNDESWEHR WILL PREPARE IN ENGLISH AND HAVE AVAILABLE AT THE
FUEL ISSUE POINT A FORM TO BE FILLED OUT BY EACH DRIVER:
PRINTED NAME OF RECIPIENT OF FUEL
RANK
SSN NUMBER
ORGANIZATION/UNIT
LICENSE PLATE OR VEHICLE NUMBER
QUANTITY OF FUEL RECEIVED
DATE AND SIGNATURE
D. THE ISSUE OF FUEL WILL BE RECORDED IN A BOOK TO BE ESTABLISHED.
THE BOOK WILL CONTAIN INFORMATION AS TO:
PRINTED NAME OF RECIPIENT OF FUEL
RANK
SSN NUMBER
ORGANIZATION/UNIT
QUANTITY OF FUEL RECEIVED
DATE AND SIGNATURE
UPON REQUEST, THE BUNDESWEHR IS WILLING TO PROVIDE ON A DAILY BASIS
RECORDS REFLECTING THE US MARINE CORPS FUEL CONSUMPTION.
E. AT THE END OF THE EXERCISE, THE BUNDESWEHR, ON THE BASIS OF ALL
RECORDS CONTAINED IN THE BOOK AND ON THE SUPPORTING DOCUMENTS, WILL
ESTABLISH A SUMMARY FORM BW 9-1/59 (CERTIFICATE OF SUPPLY) IN ONE
ORIGINAL AND SIX COPIES. THE AUTHORIZED US MARINE CORPS REPRESENTATIVES
WILL CERTIFY THE TOTAL CONSUMPTION ON FORM BW 9-1/59 (CERTIFICATE OF
SUPPLY). THEREAFTER, THE BUNDESWEHR WILL FORWARD THIS DOCUMENT WITH ALL
SUPPORTING DOCUMENTS TO GTSC, HEIDELBERG. GTSC, HEIDELBERG AND USAREUR
WILL WITHIN 30 DAYS DECIDE ON EITHER REPLACEMENT IN KIND OR PAYMENT.
SHOULD THE DECISION BE MADE IN FAVOR OF PAYMENT, GTSC, HEIDELBERG WILL
SUBMIT THE AFOREMENTIONED DOCUMENT AND ALL SUPPORTING DOCUMENTS THROUGH
BUNDESWEHR CHANNELS TO THE COMMANDER, US ARMY CENTRAL FINANCE AND
ACCOUNTING OFFICE, EUROPE, ATTN: AEUT-CFAC, APO 09403, FOR PAYMENT
ACTION BY USAREUR. THE CURRENT FUEL PRICES WILL BE EXCLUSIVE OF ALL
TAXES FOR WHICH THE US FORCES ARE EXEMPT. IF THE METHOD OF REPLACEMENT
IN KIND IS SELECTED, GTSC, HEIDELBERG AND USAREUR WILL JOINTLY ESTABLISH
A MUTUALLY ACCEPTABLE PROCEDURE THEREFOR.
5. EFFECTIVE DATE, LANGUAGE, AMENDMENT, DURATION OF AGREEMENT
A. THIS AGREEMENT BECOMES EFFECTIVE UPON SIGNATURE BY BOTH PARTIES
THERETO.
B. THE AGREEMENT IS MADE IN GERMAN AND ENGLISH. BOTH TESTS ARE
EQUALLY BINDING.
C. THIS AGREEMENT CAN BE AMENDED BY MUTUAL CONSENT OF THE AGREEMENT
PARTIES. IN ORDER TO BECOME EFFECTIVE, AMENDMENTS MUST BE MADE IN
WRITING AND HAVE TO BE SIGNED BY THE PARTIES TO THE AGREEMENT.
D. ANY PROBLEMS, WHICH CANNOT BE RESOLVED ON THE LOCAL LEVEL, WILL BE
REFERRED THROUGH BUNDESWEHR AND US CHANNELS TO GTSC, HEIDELBERG AND
USAREUR FOR SOLUTION.
E. THIS AGREEMENT REMAINS VALID FOR EXERCISE "STRAFFE ZUEGEL" AND
UNTIL REIMBURSEMENT OR REPLACEMENT IN KIND FOR FUEL HAS BEEN EFFECTED.
FOR THE COMMANDER:
FOR THE COMMANDER IN CHIEF,
UNITED STATES ARMY, EUROPE
AND SEVENTH ARMY:
W.I. BRENT
LTS, GS
ACTING CHIEF, P&O DIV
DCSLOG, USAREUR
CANADA 16 JUN 1976 FLITE DOCUMENT NO. 7900014
AGREEMENT EXECUTED 4 AND 16 JUNE 1976.
AGREEMENT REGARDING CO-OPERATIVE DEVELOPMENT PROJECT OF SHIPBOARD
INFRARED SEARCH AND TRACK SYSTEM (IRST).
1. INTRODUCTION
THIS AGREEMENT SETS FORTH ARRANGEMENTS BETWEEN THE UNITED STATES
DEPARTMENT OF THE NAVY AND THE CANADIAN DEPARTMENT OF DEFENCE PRODUCTION
(CDDP) AS REPRESENTED BY THE DEPARTMENT OF INDUSTRY, TRADE AND COMMERCE
FOR A CO-OPERATIVE DEVELOPMENT PROJECT UNDERTAKEN WITHIN THE FRAMEWORK
OF AND PURSUANT TO THE TERMS AND CONDITIONS OF THE MEMORANDUM OF
UNDERSTANDING IN THE FIELD OF CO-OPERATIVE DEVELOPMENT BETWEEN THE
UNITED STATES DEPARTMENT OF DEFENSE AND THE CANADIAN DEPARTMENT OF
DEFENCE PRODUCTION ENTERED INTO 21 NOVEMBER 1963 AND AS SET FORTH UNDER
THE ARMED SERVICES PROCUREMENT REGULATION (ASPR) 6-507, AND LEADING TO
INITIAL PRODUCTION PURSUANT TO THE TERMS AND CONDITIONS OF THE UNITED
STATES/CANADA DEFENCE PRODUCTION SHARING PROGRAM AS SET FORTH UNDER THE
ARMED SERVICES PROCUREMENT REGULATION (ASPR) 6-506.
2. SCOPE AND OBJECTIVE
THE PROJECT INITIATED BY THE UNITED STATES DEPARTMENT OF THE NAVY AND
TO BE ACCOMPLISHED BY THE CANADIAN DEPARTMENT OF INDUSTRY, TRADE AND
COMMERCE IDENTIFIES THE DEVELOPMENT OF A SHIPBOARD INFRARED SEARCH AND
TRACK SYSTEM (IRST) TO MEET THE U.S. NAVY REQUIREMENT FOR A NEAR TERM
PASSIVE SYSTEM OF EARLY DETECTION AND DESIGNATION OF TARGET THREATS.
THE SPECIFIC ITEMS TO BE DEVELOPED UNDER THIS AGREEMENT CONSIST OF A
MULTI-COLOUR DEWAR, A LIGHT WEIGHT STABLE PLATFORM, INTEGRATION AND DATA
PROCESSING HARDWARE/SOFTWARE NECESSARY TO IMPLEMENT AUTOMATIC SIGNAL
PROCESSING.
3. BACKGROUND INFORMATION
THE IRST HAS BEEN UNDER ACTIVE CONCEPTUAL STUDY IN THE UNITED STATES
NAVY FOR SOME TIME. SPAR AEROSPACE PRODUCTS LTD., TORONTO, CANADA THE
DESIGNATED PRIME CONTRACTOR IS CURRENTLY UNDER CONTRACT TO THE CANADIAN
DEPARTMENT OF NATIONAL DEFENCE FOR THE DEVELOPMENT OF A SHIPBOARD
PASSIVE SURVEILLANCE DETECTION AND SYSTEM (SPSDS) WHICH TOGETHER WITH
PREVIOUS IR WORK DONE BY THE COMPANY UNDER CONTRACT TO THE UNITED STATES
NAVY FORMS THE BASIS FOR THE DEVELOPMENT OF THE REQUIRED U.S. NAVY
SYSTEM.
4. WORK TO BE PERFORMED
THE FOLLOWING WORK IS CONTEMPLATED IN THE ACCOMPLISHMENT OF THE
DEVELOPMENT EFFORT AND IS SUBJECT TO AGREEMENT BETWEEN THE PARTIES
HERETO ON THE FINAL STATEMENT OF WORK TO BE INCORPORATED IN THE
CONTRACT:
I. PHASE I (DEVELOPMENT)
A. DEVELOPMENT AND CONSTRUCTION OF ONE (1) DUAL DETECTOR ARRAY AND
DEWAR WITH ASSOCIATED DEMOUNTABLE FILTERS.
B. REDESIGN AND CONSTRUCTION OF OPTICAL COMPONENTS AND ELECTRONIC
BANDPASS FILTERS TO OPTIMIZE UTILIZATION OF A BACK-GROUND NORMALIZER
SYSTEM (PRE-PROCESSOR).
C. DEVELOPMENT AND CONSTRUCTION OF ADVANCED SIGNAL PROCESSING
HARDWARE/SOFTWARE PROVIDING CAPABILITY FOR AUTO-DESIGNATION AND
AUTO-TRACK OF MULTIPLE TARGETS.
D. DESIGN AND CONSTRUCTION OF A LIGHT WEIGHT STABLE PLATFORM
COMPATIBLE WITH THE IRST.
E. PROVIDE SYSTEM INTEGRATION, PROGRAM MANAGEMENT, FIELD ENGINEERING
SUPPORT, SPARES, AND REFURBISHMENT AS REQUIRED.
II. PHASE II (PRODUCTION)
SUBJECT TO SUCCESSFUL COMPLETION OF SYSTEM TEST AND EVALUATION AND
"FLEET APPROVAL FOR SERVICE USE" THE U.S. DEPARTMENT OF THE NAVY PLANS
TO PROCURE AN INITIAL QUANTITY OF THE IRST SYSTEM FOR FLEET
INSTALLATION. PRIOR TO COMPLETION OF THE DEVELOPMENT THE CONTRACTOR
WILL BE REQUESTED TO SUBMIT A PROPOSAL FOR A LIMITED PROCUREMENT PHASE
(LP) OF 25 SYSTEMS. THIS PROPOSAL WILL COVER NON-RECURRING COSTS
RELATED TO THE FINAL PRODUCTIONIZED VERSION OF THE SYSTEM INCLUDING A
COMPLETE PRODUCTION RELEASE DRAWING PACKAGE AND FURTHER PRODUCTION
OPTIONS AS REQUIRED. DEPENDENT UPON THE PROPOSED EVALUATION, THE U.S.
DEPARTMENT OF THE NAVY PLANS TO AWARD A LIMITED PRODUCTION PHASE
CONTRACT TO THE CANADIAN COMMERCIAL CORPORATION.
5. CONTRACT AND SELECTION OF PRIME CONTRACTOR
UPON THE APPROVAL OF THIS PROJECT AGREEMENT BY THE UNITED STATES
DEPARTMENT OF THE NAVY AND THE CANADIAN DEPARTMENT OF DEFENCE
PRODUCTION, AS REPRESENTED BY THE DEPARTMENT OF INDUSTRY, TRADE AND
COMMERCE AND SUBJECT TO PROCESSING OF THE NECESSARY DETERMINATION AND
FINDING, THE UNITED STATES DEPARTMENT OF NAVY WILL NEGOTIATE A CONTRACT
WITH THE CANADIAN GOVERNMENT. THE CONTRACT WILL CONTAIN THE APPROPRIATE
ASPR CLAUSES, THE DEVELOPMENT REQUIREMENTS, TIME AND FUNDING SCHEDULES
IN DETAIL, WHICH WILL BE APPROVED BY THE PARTIES TO THIS AGREEMENT. THE
CANADIAN GOVERNMENT WILL IN TURN PLACE A CONTRACT THROUGH THE CANADIAN
COMMERCIAL CORPORATION WITH THE CANADIAN CONTRACTOR SELECTED FOR THE
DEVELOPMENT, TO INCLUDE THE AFOREMENTIONED U.S. DEVELOPMENT
REQUIREMENTS AND PROVISIONS TO OBTAIN FOR THE U.S. GOVERNMENT THE SAME
RIGHTS, DATA AND INFORMATION THAT THE U.S. GOVERNMENT WOULD OBTAIN FOR
ITSELF IF IT WERE SOLELY FUNDING AND PLACING THE CONTRACT UNDER THE U.S.
ARMED SERVICES PROCUREMENT REGULATION AND TO OBTAIN FOR THE U.S.
GOVERNMENT FROM THE CANADIAN GOVERNMENT SUCH RIGHTS IN TECHNICAL DATA
AND INVENTIONS DEVELOPED AS A RESULT OF THIS CONTRACT.
THE SELECTION OF A PRIME CONTRACTOR SHALL BE SUBJECT TO MUTUAL
AGREEMENT BY THE PARTIES HERETO, AND THE WORK PERFORMED WILL BE
STIPULATED IN THE STATEMENT OF WORK PERTAINING TO THE PROJECT AS
INCORPORATED AS PART OF THE AFOREMENTIONED CONTRACT.
6. COST SHARING ARRANGEMENTS
A. IT IS ESTIMATED THAT THE OVERALL COST FOR THE IRST PROJECT WILL BE
5 MILLION DOLLARS (U.S. CURRENCY). THE TOTAL DOLLAR AMOUNT OF THE WORK
WILL BE JOINTLY FUNDED AND APPORTIONED AS FOLLOWS:
UNITED STATES DEPARTMENT OF NAVY SHARE 50% CANADIAN DEPARTMENT OF
INDUSTRY, TRADE AND COMMERCE
SHARE 50%
B. BASED UPON THE DEFINITIVE STATEMENT OF WORK, ADJUSTMENTS IN THE
PRELIMINARY ESTIMATED OVERALL COST MAY BE MADE BY THE PARTIES HERETO.
SUCH COSTS, IF AND AS ADJUSTED, SHALL BE THE APPROVED ESTIMATED COST.
C. IF AT ANY TIME IT APPEARS THAT THE TOTAL ACTUAL COSTS MAY EXCEED
THE APPROVED ESTIMATED AMOUNT AND IT IS MUTUALLY AGREED BETWEEN THE
UNITED STATES DEPARTMENT OF THE NAVY DEVELOPING AGENCY AND THE CANADIAN
DEPARTMENT OF DEFENCE PRODUCTION AS REPRESENTED BY THE DEPARTMENT OF
INDUSTRY, TRADE AND COMMERCE TO CONTINUE THE PROJECT, THE ADDITIONAL
FUNDING REQUIREMENTS WILL BE REVIEWED AND COMMITMENT WILL BE MADE ON AN
AGREED COST SHARING BASIS THROUGH THE UNITED STATES DEPARTMENT OF THE
NAVY PROCURING AGENCY AND THE CANADIAN GOVERNMENT.
D. THIS PROJECT IS SUBJECT TO THE AVAILABILITY OF FUNDS APPROPRIATED
BY THE RESPECTIVE GOVERNMENTS. EACH GOVERNMENT WILL NOTIFY THE OTHER
IMMEDIATELY IF RESOURCES AVAILABLE ARE INADEQUATE FOR ITS PORTION OF THE
PROJECT.
7. PROJECT IMPLEMENTATION
A. UPON ACCEPTANCE OF THIS AGREEMENT BY BOTH GOVERNMENTS, THE UNITED
STATES DEPARTMENT OF THE NAVY WILL:
(1) ASSIGN A U.S. PROJECT OFFICER WITHIN THE OFFICE OF THE CHIEF OF
NAVAL OPERATIONS TO SERVE AS THE RESPONSIBLE LIAISON AND SUPERVISORY
OFFICIAL FOR THE PROJECT, AND
(2) ASSIGN THE MATERIAL DEVELOPMENT ASPECTS OF THE PROJECT TO THE
COMMANDER, NAVAL ELECTRONICS SYSTEMS COMMAND AS THE UNITED STAES
DEVELOPING AGENCY FOR CONTRACTING, DEVELOPMENT SUPERVISION AND
COMPLETION.
B. THE UNITED STATES DEVELOPING AGENCY WILL APPOINT A UNITED STATES
PROJECT MANAGER AND NOTIFY THE CANADIAN DEPARTMENT OF INDUSTRY TRADE AND
COMMERCE OF SUCH APPOINTMENT THROUGH THE OFFICE OF THE CHIEF OF NAVAL
OPERATIONS (OP-35). THE UNITED STATES PROJECT MANAGER WILL SERVE AS THE
RESPONSIBLE LIAISON OFFICIAL FOR THE PROJECT CONTRACT ADMINISTRATION AND
MATERIAL DEVELOPMENT. HIS DUTIES WILL IN SUBSTANCE BE THE SAME AS THOSE
OF A PROJECT MANAGER NORMALLY ASSIGNED TO A UNITED STATES DEVELOPMENT
PROJECT OR A CONTRACT. HE ACTS AT ALL TIMES FOR AND UNDER THE
SUPERVISION OF THE UNITED STATES DEVELOPING AGENCY. HE IS ALSO
RESPONSIBLE FOR REPORTING DEVELOPMENTAL PROGRESS AND ANTICIPATED PROJECT
. . . THE UNITED STATES PROJECT OFFICER FOR COORDINATION AND RESOLUTION
WITH THE RESPONSIBLE CANADIAN AUTHORITIES.
C. THE CANADIAN DEPARTMENT OF INDUSTRY, TRADE AND COMMERCE WILL
APPOINT A PROJECT OFFICER FROM ITS DEPARTMENT AND THE CANADIAN
DEPARTMENT OF NATIONAL DEFENCE WILL APPOINT AN OFFICER TO THIS PROJECT
SO AS TO PROVIDE A DIRECT LINK BETWEEN THE UNITED STATES NAVY AND THE
COGNIZANT CANADIAN GOVERNMENT DEPARTMENTS. THE UNITED STATES NAVY WILL
INCLUDE THESE CANADIAN REPRESENTATIVES IN ALL PROJECT PROGRESS MEETINGS
RELATING TO THE CONTRACT RESULTING FROM THIS AGREEMENT.
8. ESTABLISHMENTS AND AUTHORITIES
ALL ESTABLISHMENTS AND AUTHORITIES PARTICIPATING IN THE PROJECTS ARE
LISTED IN APPENDIX I. UPDATING OF APPENDIX I SHALL BE CARRIED OUT AS
NECESSARY BY AGREEMENT BETWEEN PROJECT OFFICERS.
9. EXCHANGE OF INFORMATION AND VISITS
THE PROJECT OFFICERS ARE DELEGATED THE AUTHORITY TO EXCHANGE
INFORMATION AND APPROVE VISIT REQUESTS RELATED TO THIS PROJECT IN
ACCORDANCE WITH THE PROCEDURES SET FORTH IN EXISTING AGREEMENTS BETWEEN
THE GOVERNMENTS OF THE UNITED STATES AND CANADA.
A. ALL AUTHORITIES, AND ESTABLISHMENTS LISTED IN APPENDIX I ARE
AUTHORIZED TO CORRESPOND WITH EACH OTHER. SUCH CORRESPONDENCE SHALL BE
FORWARDED FROM THE PROJECT OFFICER OF THE ORIGINATING PARTY OR HIS
REPRESENTATIVES TO THE PROJECT OFFICER OF THE RECEIVING PARTY FOR
NECESSARY DISTRIBUTION.
B. VISITS UNDER THIS PROJECT SHALL BE MADE ONLY BY PERSONNEL
REPRESENTING THE AUTHORITIES AND ESTABLISHMENTS LISTED IN APPENDIX AND
APPROVED CONTRACTORS/SUB CONTRACTORS IDENTIFIED IN THE CONTRACT. VISIT
REQUESTS SHALL INCLUDE A STATEMENT OF CONFIRMATION THAT SUCH PERSONNEL
ARE ACTIVELY ENGAGED IN WORK HAVING A DIRECT RELATIONSHIP WITH THE
SUBJECT COVERED BY THE PROJECT.
(TEXT OMITTED) IN APPENDIX I FOR CLASSIFIED INFORMATION WITHIN THE
SCOPE OF THIS PROJECT AGREEMENT AND ORIGINATED BY THE OTHER PARTY SHALL
BE PROCESSED THROUGH THE PROJECT OFFICERS. SUCH REQUESTS SHALL BE
TRANSMITTED THROUGH THE CHANNELS PRESCRIBED AND SHALL BE AFFORDED THE
SAME DEGREE OF SECURITY PROTECTION AS THAT PRESCRIBED FOR CLASSIFIED
INFORMATION UNDER SECTION 10 OF THIS PROJECT AGREEMENT.
10. SECURITY
THE SECURITY GUIDELINES FOR THIS PROJECT WILL BE IN ACCORDANCE WITH
THE PROCEDURES SET FORTH IN EXISTING AGREEMENTS BETWEEN THE GOVERNMENTS
OF THE UNITED AND CANADA.
11. LIABILITIES.
NEITHER PARTY SHALL BE RESPONSIBLE FOR CLAIMS FOR DAMAGE TO PROPERTY
OR INJURY TO PERSONS WITH RESPECT TO WORK CARRIED OUT BY THE OTHER PARTY
OR ITS CONTRACTORS.
12. DATA AND REPORTS
THE CANADIAN DEPARTMENT OF INDUSTRY, TRADE AND COMMERCE WILL ENSURE
THAT THE CANADIAN CONTRACTOR WILL MAKE AVAILABLE THROUGH THE DESIGNATED
PROJECT OFFICER DETAILED REPORTS AS MAY BE REQUIRED AND AS SET FORTH IN
THE DOCUMENTATION REQUIREMENT SECTION OF THE FINAL STATEMENT OF WORK OF
THE US/CC CONTRACT.
13. TAXES AND CUSTOMS
THE PARTICIPATING GOVERNMENTS AGREE IN PRINCIPLE TO THE WAIVING OF
DUTIES AND TAXES (E.G., IMPORT TARIFFS) ON ALL EQUIPMENT NECESSARY FOR
THE EFFICIENT EXECUTION OF THIS PROJECT, SUBJECT TO REVIEW BY THE
IMPORTING COUNTRY IN ANY SPECIFIC CASE.
14. DURATION AND TERMINATION
CO-OPERATION UNDER THIS PROJECT AGREEMENT WILL CONTINUE UNTIL THE
SATISFACTORY COMPLETION OF THE DEVELOPMENT. THE SUBJECT OF THE
EVALUATION OF THE COMPLETE SYSTEM WILL BE COVERED BY A SEPARATE
AGREEMENT BETWEEN THE UNITED STATES DEPARTMENT OF THE NAVY AND THE
CANADIAN DEPARTMENT OF NATIONAL DEFENCE. ANY PROPOSAL FOR TERMINATION
WILL BE THE SUBJECT OF IMMEDIATE CONSULTATION BETWEEN THE UNITED STATES
DEPARTMENT OF THE NAVY AND THE CANADIAN DEPARTMENT OF DEFENCE PRODUCTION
AS REPRESENTED BY THE CANADIAN DEPARTMENT OF INDUSTRY, TRADE AND
COMMERCE. TERMINATION OF ANY CONTRACT EXECUTED PURSUANT TO THIS PROJECT
AGREEMENT WILL BE GOVERNED BY THE PROVISIONS CONTAINED WITHIN THAT
CONTRACT.
15. EFFECTIVE DATE
THIS PROJECT AGREEMENT WILL BE EFFECTIVE AS OF THE DATE OF THE LAST
SIGNATURE.
FOR THE CANADIAN DEPARTMENT OF
INDUSTRY, TRADE AND COMMERCE
DATE:
UNITED STATES
ESTABLISHMENTS
OFFICE OF THE CHIEF OF NAVAL OPERATIONS
(OP-03, OP-098, OP-009D)
DEPARTMENT OF THE NAVY
WASHINGTON, D.C. 20350
NAVAL MATERIAL COMMAND
(MAT 03, PM-20)
WASHINGTON, D.C. 20360
NAVAL ELECTRONICS SYSTEMS COMMAND
(REWSON PROJECT OFFICE, PME-107)
WASHINGTON, D.C. 20360
U.S. EMBASSY
U.S. NAVAL ATTACHE
OTTAWA, ONTARIO
CANADA
COMMANDER OPERATIONAL TEST AND EVALUATION FORCE
NAVAL STATION
NORFOLK, VA.
AUTHORITIES
PROJECT SPONSOR: DIRECTOR, COMBAT SYSTEMS DIVISION (OP-35)
OFFICE OF THE CHIEF OF NAVAL OPERATIONS
WASHINGTON, D.C. 20350
PROJECT OFFICER: HEAD, AAW BRANCH, OP-352
OFFICE OF THE CHIEF OF NAVAL OPERATIONS
WASHINGTON, D.C. 20350
PROJECT MANAGER: PROJECT MANAGER, REWSON PROJECT (PME-10)
NAVAL ELECTRONICS SYSTEMS COMMAND
WASHINGTON, D.C. 20360
CANADA
ESTABLISHMENTS
ELECTRICAL ELECTRONICS BRANCH
DEPARTMENT OF INDUSTRY, TRADE AND COMMERCE
OTTAWA, ONTARIO
DEFENCE PROGRAMS BRANCH
DEPARTMENT OF INDUSTRY, TRADE AND COMMERCE
OTTAWA, ONTARIO
CANADIAN COMMERCIAL CORPORATION
OTTAWA, ONTARIO
DEFENCE INDUSTRY PRODUCTIVITY PROGRAM OFFICE
DEPARTMENT OF INDUSTRY, TRADE AND COMMERCE
OTTAWA, ONTARIO
AUTHORITIES
PROJECT OFFICER: ELECTRICAL ELECTRONICS BRANCH
PROJECT SPONSOR: DEPARTMENT OF INDUSTRY, TRADE AND COMMERCE
OTTAWA, ONTARIO
LOCAL COORDINATOR: OFFICE OF THE COUNSELLOR
DEFENCE PRODUCTION
WASHINGTON, D.C.
SENIOR MATERIEL DEVELOPMENT MANAGER (3)
DEPARTMENT OF NATIONAL DEFENCE
OTTAWA, ONTARIO
CANADA 22 JUN 1976 FLITE DOCUMENT NO. 7900013
MEMORANDUM OF AGREEMENT EXECUTED 15 AND 22 JUNE 1976.
MEMORANDUM OF AGREEMENT BETWEEN THE UNITED STATES DEFENSE MAPPING
AGENCY AND THE CANADIAN HYDROGRAPHIC SERVICE.
SUPERSEDES MEMORANDUM OF AGREEMENT BETWEEN THE UNITED STATES NAVAL
OCEANOGRAPHIC OFFICE AND THE CANADIAN HYDROGRAPHIC SERVICE OF 9 AND 14
NOVEMBER 1966.
1. PURPOSE
A. THE PURPOSE OF THIS ARRANGEMENT IS TO DEFINE PROCEDURES FOR THE
EXCHANGE AND INTERSUPPLY OF UNCLASSIFIED NAUTICAL CHARTS, PUBLICATIONS,
REPRODUCTION MATERIALS, FIELD SURVEY DATA, AND RELATED INFORMATION
BETWEEN THE UNITED STATES AND CANADA AND TO AUTHORIZE THE REPRODUCTION
OF MODIFIED FACSIMILES OF EACH OTHERS' UNCLASSIFIED CHARTS. THE UNITED
STATES AGENCY IS THE DEFENSE MAPPING AGENCY. THE DEFENSE MAPPING AGENCY
HYDROGRAPHIC CENTER (DMAHC) WILL BE RESPONSIBLE FOR OPERATIONAL MATTERS
UNDER THIS ARRANGEMENT. THE CANADIAN AGENCY IS THE CANADIAN
HYDROGRAPHIC SERVICE (CHS).
B. ADDITIONAL EXCHANGES ARE CONDUCTED UNDER THE MAPPING, CHARTING AND
GEODESY AGREEMENT BETWEEN THE U.S. DEPARTMENT OF DEFENSE AND THE
CANADIAN DEPARTMENT OF NATIONAL DEFENCE.
2. CONDUCT OF EXCHANGE
A. IN FURTHERANCE OF THESE MUTUAL OBJECTIVES THE DEFENSE MAPPING
AGENCY AND THE CANADIAN HYDROGRAPHIC SERVICE WILL CONFORM TO THE
PROCEDURES SET FORTH IN THIS ARRANGEMENT AS FOLLOWS:
(1) EXCHANGE, AUTOMATICALLY, ON A MUTUAL BASIS AND WITHOUT CHARGE,
CHARTS AND PUBLICATIONS ACCORDING TO THE TERMS OF APPENDIX 1 OF THIS
ARRANGEMENT.
(2) SUPPLY, ON REQUEST, ON A MUTUAL BASIS AND WITHOUT CHARGE, CHARTS
AND PUBLICATIONS ACCORDING TO THE TERMS OF APPENDIX 2 OF THIS
ARRANGEMENT.
(3) EXCHANGE ON A MUTUAL BASIS AND WITHOUT CHARGE, HYDROGRAPHIC
SURVEY DATA ACCORDING TO THE TERMS OF APPENDIX 3 OF THIS ARRANGEMENT.
(4) EXCHANGE CHART REPRODUCTION MATERIAL, ON A MUTUAL BASIS AND
WITHOUT CHARGE, FOR MODIFIED REPRODUCTION OF EACH OTHERS CHARTS
ACCORDING TO THE TERMS OF APPENDIX 4 OF THIS ARRANGEMENT.
(5) ADHERE TO THE OPERATION/TRANSMITTAL PROCEDURES ACCORDING TO
APPENDIX 5 OF THIS ARRANGEMENT.
B. IT IS UNDERSTOOD THAT ANY ACTION TAKEN BY EITHER AGENCY SHALL BE
SUBJECT TO THE AVAILABILITY OF NECESSARY RESOURCES.
3. ADJUSTMENTS
ADJUSTMENTS AS TO THE SPECIFIC CHARTS, PUBLICATIONS, ETC., QUANTITIES
OF ITEMS TO BE EXCHANGED, AND ADDRESSES MAY BE MADE WHENEVER NECESSARY
DIRECTLY BETWEEN THE DEFENSE MAPPING AGENCY HYDROGRAPHIC CENTER AND THE
CANADIAN HYDROGRAPHIC SERVICE.
4. SUPERSESSION
THE MEMORANDUM OF AGREEMENT BETWEEN THE UNITED STATES NAVAL
OCEANOGRAPHIC OFFICE AND THE CANADIAN HYDROGRAPHIC SERVICE DATED 9
NOVEMBER 1966/14 NOVEMBER 1966 IS HEREBY SUPERSEDED.
DATE
DATE
1. THE DEFENSE MAPPING AGENCY HYDROGRAPHIC CENTER (DMAHC) WILL
SUPPLY TO:
A. DOMINION HYDROGRAPHER
ATTENTION: OFFICER-IN-CHARGE, HYDROGRAPHIC DATA CENTER
CANADIAN HYDROGRAPHIC SERVICE,
MARINE SURVEYS DIRECTORATE,
DEPARTMENT OF THE ENVIRONMENT,
OTTAWA, ONTARIO, K1A PE6
CANADA
(1) TWO (2) COPIES OF ALL DMAHC OR NATIONAL OCEAN SURVEY (NOS) NEW
CHARTS, NEW EDITIONS, OR CORRECTED REPRINTS OF NAUTICAL CHARTS COVERING
THE COASTS AND ADJACENT SEAS OF THE FOLLOWING AREAS:
(A) CANADA
(B) THE EASTERN UNITED STATES, NORTH OF CAPE HATTERAS
(C) THE WESTERN UNITED STATES, NORTH OF OREGON-WASHINGTON BOUNDARY
(D) ALASKA
(E) WEST COAST OF GREENLAND
(2) SEVEN (7) COPIES OF THE CATALOGUES OF DMAHC AND NOS NAUTICAL
CHARTS AND PUBLICATIONS, INCLUDING ALL SUPPLEMENTS, REVISIONS OR ADDED
INDEXES.
(3) THREE (3) COPIES OF ALL NEW OR REVISED PILOTS (SAILING
DIRECTIONS) AND SUPPLEMENTS COVERING THE COASTS OF CANADA, THE UNITED
STATES, ALASKA, THE WEST COAST OF GREENLAND, AND THE ARCTIC COAST OF
RUSSIA.
(4) TWO (2) COPIES OF THE FOLLOWING CHARTS OR PUBLICATIONS:
(A) WORLD CHARTS
(B) MAGNETIC CHARTS
(C) PILOT CHARTS
(D) ATLASES OF PILOT CHARTS
(E) BATHYMETRIC CHARTS
(F) SPECIAL CHARTS
(G) LIGHT LISTS, VOLS. I & V, AND SUPPLEMENTS
(H) RADIO AIDS
(I) MANUALS
(J) ALL OCEANOGRAPHIC PUBLICATIONS
(K) MISCELLANEOUS PUBLICATIONS
(5) TEN (10) COPIES OF NOTICE TO MARINERS BY THE MOST EXPEDIENT MEANS
AVAILABLE.
B. HYDROGRAPHIC SERVICES OFFICE
CFB HALIFAX (DOCKYARD)
HALIFAX, NOVA SCOTIA B3K 2XO
CANADA
(1) CHARTS, PUBLICATIONS, ETC., AND QUANTITIES FOR MILITARY NEEDS AS
SPECIFIED IN A LIST SUBMITTED SEMI-ANNUALLY BY THE DIRECTORATE OF
CARTOGRAPHY (DCARTO), NATIONAL DEFENCE HEADQUARTERS TO DMAHC IN JUNE AND
DECEMBER AND AMENDED AS NECESSARY DURING EACH YEAR.
(2) PRODUCTS FOR CHS REQUIREMENTS AS SPECIFIED IN A LIST SUBMITTED
ANNUALLY ON 31 MARCH AND AMENDED AS NECESSARY DURING EACH YEAR.
C. HYDROGRAPHIC SERVICES OFFICE
CFB ESQUIMALT (DOCKYARD)
FMO, VICTORIA, BRITISH COLUMBIA VOS 1 BO
CANADA
CHARTS, PUBLICATIONS, ETC., AND QUANTITIES PER LIST SUBMITTED IN THE
SAME MANNER AS FOR PARAGRAPH B. (1) ABOVE.
2. THE CANADIAN HYDROGRAPHIC SERVICE WILL SUPPLY TO:
A. DIRECTOR
DEFENSE MAPPING AGENCY HYDROGRAPHIC CENTER
WASHINGTON, D.C. 20390
U.S.A.
ATTENTION: CODE NV
(1) TWO (2) COPIES OF ALL NEW CHARTS, NEW EDITIONS OF CHARTS, AND
CORRECTED REPRINTS PRODUCED BY THE CANADIAN HYDROGRAPHIC SERVICE.
(2) THREE (3) COPIES OF ALL NEW OR REVISED PUBLICATIONS.
(3) FIVE (5) COPIES OF NOTICE TO MARINERS BY THE MOST EXPEDITIOUS
MEANS.
(4) TWO (2) COPIES OF ALL CHART AMENDMENT PATCHES.
B. DIRECTOR
DEFENSE MAPPING AGENCY HYDROGRAPHIC CENTER
WASHINGTON, D.C. 20390
U.S.A.
ATTENTION: CODE DSI
(1) TWENTY-FIVE (25) COPIES OF THE CATALOGUES OF CHARTS AND
PUBLICATIONS, INCLUDING NEW OR REVISED EDITIONS, NEW PAGES, SUPPLEMENTS,
AND ADDED INDEXES.
(2) THREE (3) COPIES OF EACH NEW CHART, NEW EDITION, AND CORRECTED
REPRINT OF CHARTS AS REFERENCED IN PARAGRAPHS 2.D. AND 2.E., BELOW, AND
LISTED IN ADDENDUM LIST #1 AND ADDENDUM LIST #2 TO THIS APPENDIX.
(3) FIVE (5) COPIES OF ALL NEW EDITIONS OF THE INFORMATION BULLETINS
COVERING THE ST. LAWRENCE SEAWAY, INCLUDING MONTREAL HARBOUR AND THE
GREAT LAKES.
(4) ONE (1) COPY OF NEW PILOTS, NEW EDITIONS, AND SUPPLEMENTS TO
PILOTS COVERING THE CANADIAN ARCTIC AND THE GREAT LAKES.
(5) THREE (3) COPIES OF ALL CHART AMENDMENT PATCHES ISSUED FOR CHARTS
COVERING THE CANADIAN ARCTIC.
(6) THREE (3) COPIES OF NOTICE TO MARINERS.
C. DEFENSE MAPPING AGENCY DEPOT (SAGEBRUSH)
CLEARFIELD, UTAH 84016
U.S.A.
ONE (1) COPY OF ALL NEW CHARTS, NEW EDITIONS OF CHARTS, AND CORRECTED
REPRINTS PRODUCED BY THE CANADIAN HYDROGRAPHIC SERVICE.
D. DEFENSE MAPPING AGENCY DEPOT
CLEARFIELD, UTAH 84016
U.S.A.
CHARTS, PUBLICATIONS, ETC., AND QUANTITIES AS SPECIFIED IN A LIST
SUBMITTED SEMI-ANNUALLY, IN JUNE AND DECEMBER. SUCH LISTS AND INTERIM
AMENDMENTS BECOME A PART OF THIS ARRANGEMENT AND WILL BE FURNISHED TO
EACH HOLDER OF A COPY OF THE BASIC ARRANGEMENT. SEE ADDENDUM LIST #1 TO
THIS APPENDIX.
E. DEFENSE MAPPING AGENCY DEPOT
5801 TABOR AVENUE
PHILADELPHIA, PENNSYLVANIA 19120
U.S.A.
CHARTS, PUBLICATIONS, ETC., AND QUANTITIES PER LIST SUBMITTED
SEMI-ANNUALLY IN THE SAME MANNER AS FOR PARAGRAPH 2.D., ABOVE. SEE
ADDENDUM LIST #2 TO THIS APPENDIX.
MEMORANDUM OF ARRANGEMENT, DEFENSE MAPPING AGENCY-CANADIAN
HYDROGRAPHIC SERVICE
ADDENDUM LIST #1 TO APPENDIX 1. (REF PARA 2D)
ITEMS TO BE FURNISHED BY CANADIAN HYDROGRAPHIC SERVICE TO DMA DEPOT,
CLEARFIELD LIST DATE 31 MARCH 1976
CHART NO. QUANTITY 3413 35 3453 725 3565 300 3566 225 3568 225 3572
375 3574 250 3596 35 3597
35 3728 225 3734 200 3805 225 L-3902 35 3927 35 3984 35
MEMORANDUM OF ARRANGEMENT, DEFENSE MAPPING AGENCY-CANADIAN
HYDROGRAPHIC SERVICE
ADDENDUM LIST #2 TO APPENDIX 1. (REF PARA 2E)
ITEMS TO BE FURNISHED BY CANADIAN HYDROGRAPHIC SERVICE TO DMA DEPOT,
PHILADELPHIA LIST DATE 31 MARCH 1976
CHART NO. QUANTITY CHART NO. QUANTITY 1510SC 35 7190 35 1511SC 35
7193 35 4388 35 7194 35
D7-4405 35 7195 35 D7-4406 35 7212 35 4459 35 7220 35 4486 35 7225 35
4611 35 7250 35 D2-4625
35 7282 35 4653 35 7292 35 4661 35 7302 35 5403 35 7330 35 5440 35
7371 35 5459 35 7404 35
7000 35 7405 35 7010 35 7410 35 7051 35 7411 35 7052 35 7413 35 7053
35 7430 35 7054 35 7452
35 7060 35 7455 35 7061 35 7465 35 7065 35 7470 35 7066 35 7503 35
7067 35 7527 35 7071 35
7533 50 7072 35 7550 35 7080 35 7551 35 7081 35 7601 50 7082 50 7602
35 7083 35 7603 35 7084
50 7604 35 7103 35 7605 35 7121 35 7606 35 7122 35 7608 35 7125 35
7610 35 7126 35 7611 35
7127 35 7616 50 7135 35 7617 35 7150 35 7618 50 7180 35 7619 35 7181
35 7622 35 7184 35 7626
35 7185 35 7627 35
LIST 2 TO APPENDIX 1. (REF PARA 2E)
CHART NO. QUANTITY 7628 35 7629 35 7630 35 7637 35 7640 35 7646 35
7650 35 7651 35 7658 35
7670 35 7671 35 7676 35 7678 35 7682 35 7688 35 7695 35 7696 35 7697
35 7702 35 7725 35 7731
35 7733 35 7735 50 7760 35 7770 35 7829 35 7830 35 7831 35 7832 35
7833 35 7851 35 7920 35
7930 35 7940 35 7941 35 7950 35 7951 35 7952 35 7953 35 7954 35
ARCTIC PILOTS 50 GREAT LAKES
PILOT 50
LIST 2 TO APPENDIX 1. (REF PARA 2E)
1. EACH AGENCY WILL SUPPLY TO THE OTHER, ON REQUEST, ADDITIONAL
COPIES OF CHARTS OR PUBLICATIONS THAT MAY BE REQUIRED. THE DATE ON
WHICH THE MATERIAL IS REQUIRED IS TO BE INDICATED ON EACH REQUISITION
AND AN ADEQUATE LEAD TIME PROVIDED.
2. REQUESTS FOR CANADIAN CHARTS AND PUBLICATIONS SHOULD BE SENT BY
AIR MAIL AND ADDRESSED TO:
3. REQUESTS FOR UNITED STATES CHARTS AND PUBLICATIONS SHOULD BE SENT
BY AIR MAIL AND ADDRESSED TO:
4. REQUESTS FOR DIRECT SHIPMENTS TO MILITARY OR SURVEY ACTIVITIES OF
BOTH COUNTRIES WILL BE HONORED WHEN SPECIFIED. REQUESTS FOR EMERGENCY
SHIPMENTS BY AIR OR OTHER EXPEDITIOUS MEANS WILL BE HONORED. REQUESTS
FOR THE LATTER WILL CONTAIN ADEQUATE JUSTIFICATION.
1. FIELD SURVEY DATA
THE CANADIAN HYDROGRAPHIC SERVICE WILL SUPPLY, ON REQUEST, COPIES OF
ITS FIELD SHEETS AND CONTROL DATA.
2. DIGITIZED BATHYMETRIC DATA
THE CANADIAN HYDROGRAPHIC SERVICE AND THE DEFENSE MAPPING AGENCY
HYDROGRAPHIC CENTER WILL KEEP EACH OTHER INFORMED OF THEIR PROGRESS IN
DIGITIZING BATHYMETRIC DATA, AND WILL EXCHANGE SUCH DATA AS DESIRED.
1. ON REQUEST, EITHER AGENCY SHALL SUPPLY THE OTHER WITH STABLE-BASE
REPRODUCTION MATERIAL FOR ANY OF ITS CHARTS. THESE CHARTS MAY BE
REPRODUCED AS PART OF THE REGULAR CHART SERIES OF THE AGENCY ORIGINATING
THE REQUEST UNDER THE FOLLOWING PROVISIONS:
A. MODIFICATIONS MAY BE MADE AS NECESSARY TO CONFORM TO THE STANDARDS
OF THE REPRODUCING AGENCY.
B. IF THE CHART IS SOLD, ITS PRICE SHALL NOT BE LESS THAN THE CHART
OF THE ORIGINAL PUBLISHING AGENCY.
C. UNLESS A CHART IS COMPLETELY REDRAWN, REPRODUCTION SHALL CARRY
CREDIT NOTES:
(1) CANADIAN REPRODUCTIONS OF U.S. CHARTS WILL CARRY THE NOTE,
"REPRODUCTION OF DEFENSE MAPPING AGENCY HYDROGRAPHIC CENTER CHART . . .
."
(2) U.S. REPRODUCTIONS OF CANADIAN CHARTS WILL CARRY THE NOTE,
"REPRODUCTION OF CANADIAN HYDROGRAPHIC SERVICE CHART . . . ."
D. REPRODUCTION MATERIAL SHALL NORMALLY BE INTERPRETED AS THE
MATERIAL REQUIRED FOR THE BLACK PLATE ONLY. OTHER REPRODUCTION
MATERIAL, E.G., LAND OR WATER TINTS OR LATTICES MUST BE SPECIFICALLY
REQUESTED BY THE AGENCY REQUIRING THE MATERIAL.
2. IF THE REPRODUCTION MATERIAL REQUESTED IS NOT CURRENT, A
CORRECTED COPY OF THE CHART WILL BE SUPPLIED INDICATING ALL NOTICE TO
MARINERS CORRECTIONS NECESSARY TO BRING THE REPRODUCTION MATERIAL UP TO
DATE.
3. TO FACILITATE MAINTENANCE OF REPRODUCED CHARTS, THE CANADIAN
HYDROGRAPHIC SERVICE AND THE DEFENSE MAPPING AGENCY HYDROGRAPHIC CENTER
WILL AUTOMATICALLY PROVIDE EACH OTHER WITH NOTICE TO MARINERS CORRECTION
PATCHES OR OTHER CORRECTIONS AND NEW EDITIONS OF CHARTS WHICH CORRECT OR
REPLACE ANY CHARTS EITHER HAS REPRODUCED. TO FACILITATE THIS ASPECT,
TWO GROUPS OF LISTINGS WILL BE MADE; GROUP A, CANADIAN CHARTS
REPRODUCED IN MODIFIED FACSIMILE BY DMAHC, AND GROUP B, DMAHC CHARTS AND
NOS CHARTS REPRODUCED IN MODIFIED FACSILILE BY THE CANADIAN HYDROGRAPHIC
SERVICE. EACH AGENCY WILL SUPPLY THE OTHER WITH AN UPDATED LIST OF
CHARTS IT REPRODUCED (GROUP A AND GROUP B, RESPECTIVELY) ON 31 MARCH
EACH YEAR. SUCH ANNUAL LISTS AND ANY INTERIM AMENDMENTS BECOME A PART
OF THIS ARRANGEMENT AND WILL BE FURNISHED TO EACH HOLDER OF A COPY OF
THE BASIC AGREEMENT. SEE ADDENDUM LISTS 1 AND 2 TO THIS APPENDIX.
4. MATERIAL EXCHANGED UNDER THIS REPRODUCTION PROGRAM WILL BE
CLEARLY LABELED "CHART REPRODUCTION MATERIAL" AND SHOULD BE ADDRESSED TO
THE DOMINION HYDROGRAPHER, CANADIAN HYDROGRAPHIC SERVICE, OTTAWA, OR TO
THE DIRECTOR, DEFENSE MAPPING AGENCY HYDROGRAPHIC CENTER, ATTENTION:
MARINE CHARTS DIVISION, WASHINGTON, D.C., RESPECTIVELY. THIS IS IN
ADDITION TO THE TRANSMITTAL PROCEDURES INDICATED IN APPENDIX 5.
MEMORANDUM OF ARRANGEMENT, DEFENSE MAPPING AGENCY-CANADIAN
HYDROGRAPHIC SERVICE
MEMORANDUM LIST #1 TO APPENDIX 4 (REF PARA 3)
GROUP A, CANADIAN CHARTS REPRODUCED IN MODIFIED FACSIMILE BY DMAHC
LIST DATE 31 MARCH 1976
CAN U.S. 1201 14242 1202 14245 1203 14244 1204 14243 1207 14241 1208
14228 1209 14246 1210
14261 1214 14263 1225 14240 1240 14264 1321 14227 1333 14226 1334
14225 1335 14224 1336 14223
1337 14222 1338 14221 1339 14208 1340 14206 1352 14207 1409 14205
1410 14204 1411 14203 1412
14202 1413 14201 3001 17005 3002 17008 3413 18417 3415 18419 3450
18410 3451 18415 3452 18413
3453 18411 3470 18414 3473 18412 3480 18404 3481 18406* 3482 18405
3483 18407 3484 18408 3488
18409 3567 17511 3569 17509 3575 17492 3579 17516 3581 18403 3585
18401 3586 17519 3598 17489
3617 17542 3627 17548 3662 17545 3676 17490 3701 17443 3702 17442
3704 17444 3724 17464 3727
17486 3738 17470 3739 17469 3740 17468 3742 17465 3743 17467 3744
17480 3785 17485 3862 17410
3894 17462 4001 109 4002 14011 4010 14040 4011 13264 4012 14005 4013
14014 4020 14415 4022
14008 4023 14002 4024 14130 4025 14280 4026 14260 4128 14043 4282
14108 4284 14107 4285 14106
4306 14111 4307 14112 4310 14088 4312 14091 4315 14127 4316 14089
4317 14101 4319 14044 4320
14083 4321 14105 4322 14065 4327 14068 4328 14085 4335 14110 4340
14061 4367 14128 4374 14121
4382 14067 4385 14087 4392 14129* 4422 14143 4426 14183 4437 14161
4448 14142 4451 14144 4462
14441 4514 14402 4515 14403 4535 14381 4571 14367 4574 14364 4575
14362 4583 14404 4586 14363
4588 14365 4598 14385 4616 14347 4617 14353 4618 14354* 4620 14355
4624 14345 4626 14342 4641
14327 4642 14346 4643 14343 4651 14325 4652 14322 4659 14323 4679
14424 4720 15070 4722 15066
4724 15069 4725 15068 4728 15067 4751 15082 4752 15081 4753 15083
5000 122 5134 15064 5135
15074 5408 15311 5450 15017 5452 15241 7011 15020 7050 15011 7122
15451
* INDICATES CHARTS IN PREPARATION
MEMORANDUM OF ARRANGEMENT, DEFENSE MAPPING AGENCY-CANADIAN
HYDROGRAPHIC SERVICE ADDENDUM LIST #2 TO APPENDIX 4. (REF PARA 3)
GROUP B, DMAHC CHARTS REPRODUCED IN MODIFIED FACSIMILE BY THE
CANADIAN HYDROGRAPHIC SERVICE LIST DATE 31 MARCH 1976
1. SHIPPING COSTS. - THE COSTS OF MAILING OR SHIPPING MATERIALS WILL
BE BORNE BY THE TRANSMITTING AGENCY.
2. TRANSMITTAL PROCEDURES. - EACH SHIPMENT WILL INCLUDE APPROPRIATE
SUPPORTING DOCUMENTS AS FOLLOWS:
A. TO UNITED STATES OF AMERICA - TWO COPIES OF A TRANSMITTAL PAPER
LISTING ALL ITEMS SHIPPED ARE TO BE ENCLOSED IN THE SHIPMENT. A THIRD
COPY OF THE TRANSMITTAL PAPER WILL BE FORWARDED SEPARATELY TO THE
CONSIGNEE AS ADVANCE NOTICE OF SHIPMENT. A FOURTH COPY WILL BE SENT TO
THE DIRECTOR, DEFENSE MAPPING AGENCY HYDROGRAPHIC CENTER, WASHINGTON,
D.C., 20390, U.S.A. FOR SHIPMENTS CONSIGNED TO DMA DEPOTS, PHILADELPHIA
OR CLEARFIELD. ALL TRANSMITTALS, INCLUDING SUPPORTING DOCUMENTS, WILL
BEAR THE NOTATION; "EXCHANGE AGREEMENT MATERIAL - CANADIAN GOVERNMENT
CHARTS/PUBLICATIONS, DUTY FREE."
B. TO CANADA - ONE COPY OF A TRANSMITTAL PAPER LISTING ALL ITEMS
SHIPPED IS TO BE ENCLOSED IN THE SHIPMENT. A SECOND COPY OF THE
TRANSMITTAL PAPER WILL BE FORWARDED SEPARATELY TO THE DOMINION
HYDROGRAPHER, CANADIAN HYDROGRAPHIC SERVICE, MARINE SURVEYS DIRECTORATE,
DEPARTMENT OF THE ENVIRONMENT, OTTAWA, ONTARIO, K1A PE6, CANADA AS
ADVANCE NOTICE OF SHIPMENT. ALL TRANSMITTALS, INCLUDING SUPPORTING
DOCUMENTS, WILL BEAR THE NOTATION: "EXCHANGE AGREEMENT MATERIAL -
UNITED STATES GOVERNMENT CHARTS/PUBLICATIONS, DUTY FREE."