MEMORANDUM OF UNDERSTANDING BETWEEN UNITED STATES ... · The United States Transportation Command (USTRANSCOM) and the Australian Defence Force (ADF) (each referred to herein individually

MEMORANDUM OF UNDERSTANDING

BETWEEN

UNITED STATES TRANSPORTATION COMMAND (USTRANSCOM)

AUSTRALIAN DEFENCE FORCE

REGARDING

ASSIGNMENT OF AN OPERATIONAL LOGISTICS

LIAISON OFFICER TO USTRANSCOM

TABLE OF CONTENTS

INTRODUCTION 3

SECTION I - DEFINITIONS 3

SECTION II - SCOPE 4

SECTION III - DUTIES AND ACTIVITIES 5

SECTION IV - FINANCIAL ARRANGEMENTS 6

SECTION V - SECURITY 7

SECTION VI - TECHNICAL AND ADMINISTRATIVE MATTERS 8

SECTION VII - DISCIPLINE AND REMOVAL 10

SECTION VIII - CLAIMS 10

SECTION IX - SETTLEMENT OF DISPUTES 11

SECTION X - ENTRY INTO EFFECT, AMENDMENT, DURATION AND 11TERMINATION

ANNEX A: SAMPLE CERTIFICATION TO BE SIGNED BY FOREIGN LIAISON 13OFFICERS

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INTRODUCTION

The United States Transportation Command (USTRANSCOM) and the AustralianDefence Force (ADF) (each referred to herein individually as a "Participant" and together as the"Participants"), recognising that the Exchange of Notes constituting an Agreement between theGovernment of the United States of America and the Government of Australia concerningCertain Mutual Defense Commitments done on 1 December 1995 (Chapeau Agreement) and theAgreement between the Government of Australia and the Government of the United States ofAmerica concerning Security Measures for the Protection of Classified Information (GSOIA),that entered into force on 7 November 2002 apply to this Memorandum of Understanding,desiring to establish formal liaison between the Participants in connection with combinedlogistics efforts, mutually determine the following terms and conditions regarding the assignmentof individuals to serve as Australian Operational Logistics Foreign Liaison Officers toUSTRANSCOM.

SECTION IDEFINITIONS

In addition to any terms defined in other provisions of this Memorandum ofUnderstanding (MOU) the following terms will have the following meanings when used herein:

1.1 "Classified Information" will mean official information of a Participant that requiresprotection in the interests of national security of such Participant and is so designated by theapplication of security classification markings. The information may be in oral, visual,electronic, or documentary form, or in the form of material, including equipment, or technology.

1.2 "Contact Officer" will mean a U.S. Department of Defense (DoD) official designated inwriting to oversee and control all contacts, requests for information, consultations, access, andother activities of Foreign Liaison Officers who are assigned to, or are visiting, a DoDcomponent or subordinate organization.

1.3 "Controlled Unclassified Information" will mean unclassified information of aParticipant to which access or distribution limitations have been applied in accordance withnational laws, policies, and regulations of such Participant. It includes United States informationthat is exempt from public disclosure or subject to export controls.

1.4 "Foreign Liaison Officer" will mean a military member of the ADF or civilian employeeof the Australian DoD who, upon approval of or certification by the Host Participant orGovernment, is authorized by the Parent Participant to act as its official representative inconnection with programs, projects, or arrangements of interest to the Participants'Governments.

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1.5 "Host Government" will mean the national government of the Host Participant.

1.6 "Host Participant" will mean the Participant to which the Foreign Liaison Officer acts asa liaison pursuant to an assignment by a Parent Participant under Section III.

1.7 "International Visits Program (IVP)" will mean the program established to process visitsby, and assignments of, foreign representatives to DoD and DoD contractor facilities. It isdesigned to ensure that Classified and Controlled Unclassified Information to be disclosed toforeign nationals has been properly authorized for disclosure to their governments; that therequesting foreign government provides a security assurance on such foreign nationals and theirsponsoring organization or firm, when Classified Information is involved in the visit orassignment, and that administrative arrangements (e.g., date, time, and place) for the visit orassignment are provided.

1.8 "Parent Government" will mean the national government of the Parent Participant.

1.9 "Parent Participant" will mean the Participant that assigns a Liaison Officer pursuant toSection III.

SECTION IISCOPE

2.1 During the term of this MOU, subject to the mutual concurrence of the Participants, theADF may assign a military member of the ADF or civilian employee of the Australian DoD toserve as a Foreign Liaison Officer to USTRANSCOM in accordance with the terms of thisMOU. The Australian military member or civilian employee assigned will act as the officialrepresentative to USTRANSCOM in connection with programs, projects or arrangements ofinterest to the Participants' Governments.

2.2 The establishment of each Foreign Liaison Officer position under this MOU will bebased on the demonstrated need for, and the mutual benefit of, this position to the Participants.Once established, each Foreign Liaison Officer position will be subject to periodic review byeither Participant to ensure that the position continues to be required by, and is of mutual benefitto, the Participants. A Foreign Liaison Officer position no longer required by, or of mutualbenefit to, either Participant will be subject to elimination.

2.3 Commencement of such a tour of duty will be subject to any requirements that may beimposed by the Host Participant or its Government regarding formal certification by or approvalof Foreign Liaison Officers. Foreign Liaison Officers to be assigned by their Parent Participantto locations in the United States will be requested pursuant to the IVP, as defined in Paragraph1.7 of this MOU.

2.4 Unless otherwise mutually determined, the normal tour of duty for a Foreign LiaisonOfficer will be two (2) years.

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2.5 At the discretion of the Parent Participant, and with the written concurrences of theCommander, USTRANSCOM, and the Chairman of the Joint Chiefs of Staff, the individualoccupying the Foreign Liaison Officer position established pursuant to this MOU mayconcurrently occupy the existing ADF Foreign Liaison Officer position at the Directorate ofLogistics, Joint Staff. In the event a conflict should arise between the demands of the ForeignLiaison Officer positions, the Parent Participant will decide which position has priority.

SECTION IIIDUTIES AND ACTIVITIES

3.1 The Foreign Liaison Officer will not perform duties reserved by the laws or regulationsof the Host Government to officers or employees of the Host Government, nor will the ForeignLiaison Officer provide any labour or services to the Host Government or any of its agencies,including the Host Participant.

3.2 The Foreign Liaison Officer shall comply with all applicable Host Government policies,procedures, laws and regulations. The Host Participant will assign a Contact Officer to provideguidance to the Foreign Liaison Officer concerning policies, procedures, laws and regulations ofthe Host Government, and to arrange for activities consistent with such requirements and thepurposes of this MOU.

3.3 The Foreign Liaison Officer may request access to Host Participant facilities bysubmitting a request to the Contact Officer. Access to Host Participant facilities may be grantedif such access promotes the purposes of this MOU, is consistent with the terms , of any applicablecertification or approval issued by the Host Government, and is permitted under the applicablepolicies, procedures, laws and regulations of the Host Government. Approval of such requestswill be at the discretion of the Host Participant. Any request for access that exceeds the terms ofan applicable certification or approval will be submitted through the IVP.

3.4 The Foreign Liaison Officer will not be granted access to technical data or otherinformation of the Host Participant, whether or not classified, except as authorized by the HostParticipant, and only to the extent necessary to fulfil the Foreign Liaison Officer's functionshereunder.

3.5 All information to which the Foreign Liaison Officer is granted access while serving as aliaison to the Host Participant will be treated, as information provided in confidence to the ParentGovernment, and will not be further released or disclosed by the Foreign Liaison Officer to anyother person, firm, organization, or government without the prior written authorization of theHost Government. Disclosure of information to the Foreign Liaison Officer will not be deemedto be a license or authorization to use such information for any purpose other than the purposesdescribed in Section II.

3.6 The Foreign Liaison Officer will not be permitted to participate in exercises,deployments, or civil-military actions, unless expressly authorized in writing to do so by both theHost and Parent Participants.

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3.7 The Host Participant will not place or keep a Foreign Liaison Officer in dutyassignments in which direct hostilities with forces of third states are likely to occur or havecommenced, unless approved by the Parent Participant and Host Participant, in writing.

3.8 The Foreign Liaison Officer will be required to comply with the dress regulations of theParent Participant but, if requested by the Host Participant, will also wear such identificationnecessary to identify the Foreign Liaison Officer's nationality, rank and status as a ForeignLiaison Officer. The order of dress for any occasion will be that which most closely conforms tothe order of dress for the particular organization of the Host Participant where the ForeignLiaison Officer is located. The Foreign Liaison Officer will be required to comply with thecustoms of the Host Participant with respect to the wearing of civilian clothing.

3.9 Prior to the commencement of a Foreign Liaison Officer's tour, the Parent Participantwill notify the Host Participant of the specific Parent Participant organization that will exerciseoperational control over the Foreign Liaison Officer and, if different, the Parent Participantorganization that will provide administrative support to the Foreign Liaison Officer and theForeign Liaison Officer's dependents.

3.10 At the end of the Foreign Liaison Officer's tour, or as otherwise mutually determined bythe Participants, the Parent Participant may, subject to the provisions of Section II, replace theForeign Liaison Officer with another individual who meets the requirements of this MOU.

SECTION IVFINANCIAL ARRANGEMENTS

4.1 The Parent Participant will bear all costs and expenses of the Foreign Liaison Officer,including, but not limited to:

4.1.1 All pay and allowances of the Foreign Liaison Officer;

4.1.2 All travel by the Foreign Liaison Officer and the Foreign Liaison Officer'sdependents, including, but not limited to, travel to and from the duty location;

4.1.3 All costs and expenses associated with the assignment or placement of the'Foreign Liaison Officer and the Foreign Liaison Officer's dependents at the duty location,including travel, office space, clerical support, housing, messing, and medical and dentalservices, unless specifically stated otherwise in an applicable international agreement;

4.1.4 Compensation for loss of, or damage to, the personal property of the ForeignLiaison Officer or the Foreign Liaison Officer's dependent(s);

4.1.5 The movement of the household effects of the Foreign Liaison Officer and theForeign Liaison Officer's dependents;

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4.1.6 Preparation and shipment of remains and funeral expenses associated with thedeath of the Foreign Liaison Officer or the Foreign Liaison Officer's dependent(s);

4.1.7 Formal and informal training of the Foreign Liaison Officer, other thanbriefings on Host Participant requirements provided by the Contact Officer; and

4.1.8 All expenses in connection with the return of a Foreign Liaison Officer whoseassignment has ended or been terminated, along with the Foreign Liaison Officer's dependent(s).

4.2 The Host Participant may provide such office facilities, equipment, supplies and servicesas may be necessary for the Foreign Liaison Officer to fulfil the purposes of this MOU.

4.3 The assignment of the Foreign Liaison Officer pursuant to this MOU willbe subject to the Parent Participant's authorization and availability of Parent Participant's fundsfor such purposes.

SECTION VSECURITY

5.1 The Host Participant will establish the maximum substantive scope and classificationlevels within which the disclosure of any Classified Information or Controlled UnclassifiedInformation (CUI) to the Foreign Liaison Officer will be permitted. The Host Participant willinform the Parent Participant of the level of security clearance required to permit the ForeignLiaison Officer access to such information. The Foreign Liaison Officer's access to suchinformation and facilities will be consistent with, and limited by the terms of his/her assignment,the provisions of this Section and any other agreement between the Participants or theirGovernments concerning access to such information and facilities. Further, access will at alltimes be limited to the minimum required to accomplish the purposes of this MOU, and, at itsdiscretion, the Host Participant may prohibit the Foreign Liaison Officer's right of access to anyHost Participant facility or require that such access be supervised by Host Participant personnel.Nothing in this MOU shall be construed by the Participants to authorize unfettered access toClassified Information or CUI residing in the Host Participant's facilities or computers.

5.2 The ADF will cause security assurances to be filed, through the Australian Embassy inWashington, D.0 stating the security clearances for the Foreign Liaison Officer being assigned.The security assurances will be prepared and forwarded through prescribed channels incompliance with established Host Participant procedures. For the United States, the prescribedchannels will be the IVP, as defined in paragraph 1.7 of this MOU.

5.3 The Parent Participant will ensure that each assigned Foreign Liaison Officer is fullycognizant of, and complies with, applicable laws and regulations concerning the protection ofproprietary information (such as patents, copyrights, know-how, and trade secrets), ClassifiedInformation and CUI disclosed to the Foreign Liaison Officer. This obligation will apply bothduring and after termination of an assignment as a Foreign Liaison Officer. Prior to taking upduties as a Foreign Liaison Officer, the Australian Foreign Liaison Officer will be required to

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sign the certification at Annex A. Only individuals who execute the certification will bepermitted to serve as Foreign Liaison Officers with USTRANSCOM.

5.4 The Parent Participant will ensure that the Foreign Liaison Officer, at all times, complieswith the security laws, regulations and procedures of the Host Government. Any violation ofsecurity procedures by a Foreign Liaison Officer during his or her assignment will be reported tothe Parent Participant for appropriate action. Upon request by the Host Participant, the ParentParticipant will remove any Foreign Liaison Officer who violates security laws, regulations, orprocedures during his/her assignment.

5.5 Parent Participant. All Classified Information made available to the Foreign LiaisonOfficer will be considered to be Classified Information furnished to the Government of Australia,and shall be subject to all the provisions and safeguards provided for under the GSOIA.

5.6 The Foreign Liaison Officer will not take custody of Classified Information or CUI intangible form (for example, documents or electronic files), except as expressly as-permitted bythe terms of the Host Participant certification of the Foreign Liaison Officer (and requested inwriting by the Parent Government) for the following situations:

5.6.1 Couriers. The Foreign Liaison Officer may take custody of ClassifiedInformation to perform courier functions; when authorized by the Host Participant certificationfor the Foreign Liaison Officer. The Classified Information will be packaged and anacknowledgement for receipt provided for in compliance with Host Participant requirements.

5.6.2 On-Site Storage. The Foreign Liaison Officer may be furnished a securecontainer for the temporary storage of Classified Information, consistent with the terms of thecertification, provided the security responsibility for the container and control of the containerand its contents remains with the Host Participant.

SECTION VITECHNICAL AND ADMINISTRATIVE MATTERS

6.1 The Host Participant's certification or approval of an individual as a Foreign LiaisonOfficer will not bestow diplomatic or other special privileges on that individual.

6.2 To the extent authorized by the laws and regulations of the Host Government, and inaccordance with Section IV of this MOU, the Host Participant may provide such administrativesupport as is necessary for the Foreign Liaison Officer to fulfil the purposes of this MOU,subject to reimbursement by the Parent Participant.

6.3 Exemption from taxes, customs or import duties, or similar charges for the ForeignLiaison Officer or the Foreign Liaison Officer's dependent(s) will be governed by applicablelaws and regulations or any applicable international agreements between the Host and ParentGovernments.

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6.4 If office space is provided to the Foreign Liaison Officer by the Host Participant, theHost Participant will determine the normal working hours for the Foreign Liaison Officer.

6.5 The Parent Participant will ensure that the Host Participant is informed as far in advanceas possible of any absences of the Foreign Liaison Officer.

6.6 The Foreign Liaison Officer and the Foreign Liaison Officer's dependent(s) will beprovided care in military medical and dental facilities to the extent permitted by applicable HostGovernment law, policy, and/or applicable international agreement. Where a reciprocalagreement for health care exists between the Participants, the access entitlement of the ForeignLiaison Officer and the Foreign Liaison Officer's dependent(s) is specified. For those personnelcovered by such an agreement, care in military medical and dental facilities is generally providedfree of charge. All Foreign Liaison Officers and their dependent(s) not covered by a reciprocalagreement may be offered health care, on a reimbursable basis, in military facilities. Wheremilitary facilities are not available, the Foreign Liaison Officer will be responsible for allmedical and dental costs incurred by himself/herself and his/her dependent(s). The ParentParticipant will ensure that the Foreign Liaison Officer and his/her dependent(s) are physicallyfit prior to the Foreign Liaison Officer's tour of duty. The Parent Participant will be responsiblefor familiarizing itself with the medical and dental services available to the Foreign LiaisonOfficer and his/her dependent(s), and the costs of, and the procedures for, use of such services.

6.7 The Foreign Liaison Officer and the Foreign Liaison Officer's dependent(s) may beaccorded the use of military commissaries, exchanges, theatres and similar morale and welfareactivities, in accordance with the laws, regulations, and policies of the Host Participant and anyapplicable international agreements or arrangements between the Host and Parent Participants.

6.8 To the extent permitted by the laws and regulations of the Host Government, and subjectto reimbursement by the Parent Participant, the Host Participant may provide, if available,housing and messing facilities for the Foreign Liaison Officer and the Foreign Liaison Officer'sdependent(s) on the same basis and priority as for its own personnel of comparable rank andassignment. At locations where housing and messing facilities are not provided by the HostParticipant, the Host Participant will use reasonable efforts to assist the Parent Participant tolocate such facilities for the Foreign Liaison Officer and the Foreign Liaison Officer'sdependent(s).

6.9 The Parent Participant will ensure that the Foreign Liaison Officer and the ForeignLiaison Officer's dependent(s) have all documentation required by the Host Government forentry into, and exit from, the country of the Host Government. Unless exempted under anapplicable international agreement between the Participants, Foreign Liaison Officers and theirdependents entering the United States will be required to comply with United States Customsand Border Protection regulations.

6.10 The Parent Participant will ensure that the Foreign Liaison Officer and dependent(s)accompanying the Foreign Liaison Officer in the country of the Host Participant will obtainmotor vehicle liability insurance coverage for their private motor vehicles, in accordance withapplicable laws, regulations and policies of the Host Participant.

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SECTION VIIDISCIPLINE AND REMOVAL

7.1 Except as provided in Section 7.2, neither the Host Participant nor the armed forces ofthe Host Government may take disciplinary action against a Foreign Liaison Officer whocommits an offence under the military laws or regulations of the Host Participant, nor will theHost Participant exercise disciplinary powers over the Foreign Liaison Officer's dependent(s).The Parent Participant, however, will take such administrative or disciplinary action against theForeign Liaison Officer as may be appropriate under the circumstances, to ensure compliancewith this MOU, and the Participants will cooperate in the investigation of any offences under thelaws or regulations of either Participant.

7.2 The certification or approval of a Foreign Liaison Officer may be withdrawn, modifiedor curtailed at any time by the Host Participant for any reason, including, but not limited to, theviolation of the regulations or laws of the Host Participant or the Host Government. In addition,at the request of the Host Participant, the Parent Government will remove the Foreign LiaisonOfficer or a dependent of the Foreign Liaison Officer from the territory of the Host Government.The Host Participant will provide an explanation for its removal request, but a disagreementbetween the Participants concerning the sufficiency of the Host Participant's reasons will not begrounds to delay the removal of the Foreign Liaison Officer or the dependent(s).

7.3 A Foreign Liaison Officer will not exercise any supervisory or disciplinary authorityover military or civilian personnel of the Host Participant.

SECTION VIIICLAIMS

8.1 Claims arising under this MOU will be dealt with in accordance with paragraph 1 of theChapeau Agreement. The Participants will share any costs required to be shared undersubparagraph 1(b) (ii) of the Chapeau Agreement on the following basis:

8.1.1 Where the Participants mutually determine in respect of any claim that thedamage, injury or death can be specifically attributed to one Participant, the cost of handling andsettling the claim will be the sole responsibility of that Participant;

8.1.2 Where it is mutually determined that both Participants are responsible for thedamage, injury or death, the Participants will enter into consultation to resolve the handling andsettling of the claim, with each Participant paying an apportioned share according to their degreeof responsibility for the damage, injury or death; and

8.1.3 Where it is mutually determined that it not possible to attribute responsibility fordamage, injury or death, the costs of handling and settling the claim will be distributed equallybetween the Participants.

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8.2 Claims arising under a contract will be resolved in accordance with the contract. Unlessotherwise mutually determined by the Participants, the costs of claims arising as a consequenceof a contract awarded pursuant to this MOU will be the sole responsibility of the Participantwhich is the party to the contract.

SECTION IXSETTLEMENT OF DISPUTES

9.1 Disputes arising under or relating to this MOU will be resolved only though consultationsbetween the Participants and will not be referred to a third party, national or internationaltribunal, or to any other forum for settlement.

SECTION XENTRY INTO EFFECT, AMENDMENT, DURATION AND TERMINATION

10.1 All obligations of the Participants under this MOU will be subject to national laws andthe availability of appropriated funds for such purposes.

10.2 The Parent Participant will ensure that the Foreign Liaison Officer complies with allobligations and restrictions applicable to the Foreign Liaison Officer under this MOU.

10.3 This MOU may be amended by the mutual written concurrence of the Participants.

10.4 This MOU may be terminated at any time by written concurrence of both Participants. Inthe event both Participants determine to terminate this MOU, the Participants will consult priorto the date of termination.

10.5 Either Participant may terminate this MOU upon thirty (30) days' written notification tothe other Participant.

10.6 The respective rights and responsibilities of the Participants under Section V (Security)and Section VIII (Claims) will continue, notwithstanding the termination or expiration of thisMOU.

10.7 No later than the effective date of expiration or termination of this MOU, eachParticipant will remove its Foreign Liaison Officers) andsuch Foreign Liaison Officer'sdependents from the territory of the Host Participant and pay any money owed to the otherParticipant under this MOU. Any costs or expenses for which the Parent Participant isresponsible pursuant to Section IV (Financial Arrangements) of this MOU, but which were notbilled in sufficient time to permit payment prior to termination or expiration of this MOU, willbe paid promptly after such billing.

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NORTON A. SCHWARTZGeneral, U.S. Air ForceCommander

Dated: A∎Yit, C)Cc)

10.8 This MOU will enter into force upon signature by both Participants. This MOUArrangement will remain in force for five (5) years and may be extended by written concurrenceof the Participants.

10.9 This MOU consists of ten (10) Sections and an Annex.

IN WITNESS WHEREOF, the undersigned, being duly authorized, have signed this MOU.

ON BEHALF OFUNITED STATES TRANSPORTATIONCOMMAND

ON BEHALF OFAUSTRALIAN DEFENCE FORCE

CHRIST OMER G. SPENCE •Air Vice-MarshalCommander Joint Logistics

Dated: a7.Ti..,...7c20,4

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ANNEX A - CERTIFICATION

SECTION IFOREIGN LIAISON OFFICER

LEGAL STATUS OF CERTIFICATION

As a representative of the Parent Participant under the auspices of a Foreign LiaisonOfficer assignment to the United States Transportation Command (USTRANSCOM), I amsubject to the jurisdiction of United States Federal, state, and local laws, except as provided bytreaty, other specific legal authority, or the terms of any diplomatic immunity that I may havebeen granted. I understand that my acceptance of the Foreign Liaison Officer position does notbestow upon me diplomatic or other special privileges.

SECTION IILIAISON OFFICER

CONDITIONS OF CERTIFICATION

(1) Responsibilities: I understand that my activities as the Operational Logistics ForeignLiaison Officer shall be limited to the representational responsibilities of my Government andthat I am expected to present the views of my Government with regard to the issues in which mygovernment and the U.S. Government have a mutual interest. I shall not perform duties that arereserved by law or regulation to an officer or employee of the U.S. Government. I will workissues pertaining to the logistics systems of the Participants, particularly as they relate tocombined operations between the United States and Australia, and, when requested byUSTRANSCOM, provide national operational planning and coordination in support ofcontingency operations.

(2) Costs: I understand that all costs associated with my duties as a Foreign Liaison Officerwill be the responsibility of my Government, including, but not limited to, travel, office space,clerical services, housing, messing, and medical and dental services.

(3) Extensions and Revalidation: .I understand that if my Government desires to request anextension or revalidation of my position beyond the original dates for which I am certified, a newvisit request will be submitted not later than 30 days prior to the expiration date of the currentForeign Liaison Officer assignment authorization.

(4) Contact Officer: I understand that when the certification process is completed, aContact Officer will be assigned to sponsor me during my visit to USTRANSCOM. I furtherunderstand that I shall coordinate, through my Contact Officer, all requests for information,visits, and other business that fall under the terms of my certification. I also understand thatrequests for information which are beyond the terms of my certification will be made through theOffice of the Defense Attaché in Washington D.C.

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(5) Other Visits: I understand that visits to facilities for which the purpose does not directlyrelate to the terms of my certification will be made through the Office of the Defense Attaché inWashington D.C.

(6) Uniform: I understand that I will wear my national uniform when conducting businessat USTRANSCOM or other Department of Defense facilities, unless otherwise directed. I willcomply with my Australian service uniform regulations.

(7) Security:

a. I understand that access to U.S. Government information shall be limited to thatinformation determined by my Contact Officer to be necessary to fulfil thefunctions of a Foreign Liaison Officer. I also understand that I may not haveaccess to U.S. Government computer systems, unless the information accessible bythe computer is releasable to my Government in accordance with applicable U.S.law, regulations and policy.

b. All information to which I may have access during my certification shall be treatedas information provided in confidence to my government and will not be furtherreleased or disclosed by me to any other person, firm, organization, or governmentwithout the prior written authorization of the United States Government.

c. I may be allowed to take possession of classified material in the performance ofmy duties provided I safeguard this material in accordance with the Agreementbetween the Government of Australia and the Government of the United States ofAmerica concerning Security Measures for the Protection of Classified Information(GSOIA), that entered into force on 7 November 2002.

d. I shall immediately report to my Contact Officer should I obtain or becomeknowledgeable of United States Government information for which I am notauthorized to have access. I further agree that I shall report to my Contact Officerany incidents of my being offered or provided information that I am not authorizedto have.

e. If required, I shall display a security badge on my outer clothing so that it is clearlyvisible. The United States Government will supply this badge.

(8) Compliance: I have been briefed on, fully understand, and will comply with the termsand conditions of my certification. Failure to comply may result in termination of mycertification. I further understand that the termination of my certification does not precludefurther disciplinary action in accordance with any applicable government-to-governmentagreements or arrangements between the United States and Australia.

(9) Definitions of Terms: Terms not defined herein will have the definitions ascribed tothem in the applicable MOU governing my assignment as a Foreign Liaison Officer.

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SECTIONLIAISON OFFICER - TERMS OF CERTIFICATION

(1) Contact Officer: has been assigned asmy Contact Officer.

(2) Certification: I am certified to USTRANSCOM and will act as the official representativeto USTRANSCOM in connection with programs, projects or arrangements of interest to theParticipants' Governments . As such, I am allowed to visit sites, offices, and briefmgs thatsupport the issues stemming from the logistic systems of the Australian Defence Force andUSTRANSCOM, and other venues in support of Operational Logistics Foreign Liaison Officerduties with USTRANSCOM.

(3) Travel: I may visit the following locations under the terms of my certification, with thepermission of my Contact Officer:

USTRANSCOM facilities;- USTRANSCOM subordinate activities;

Defense Logistics Agency;Designated areas within the Pentagon;Other such locations as my Contact Officer may permit in the future.

SECTION IVFOREIGN LIAISON OFFICER - CERTIFICATION OF IN-BRIEFING

I, (NAME OF FOREIGN LIAISON OFFICER), understand and acknowledge that I havebeen certified as an Operational Logistics Foreign Liaison Officer to USTRANSCOM, asmutually determined upon between the Australian Defence Force and USTRANSCOM. I furtheraclaiowledge that I fully understand and have been briefed on: (1) the legal status of mycertification; (2) the conditions of my certification; and (3) the terms of my certification. Ifurther acknowledge that I shall comply with the conditions and responsibilities of mycertification.

(Signature of Foreign Liaison Officer) (Signature of Briefer)

(Name of Foreign Liaison Officer) (Name of Briefer)(Rank and/or Title): (Location):

(Date):

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