MoUs or other written arrangements between the Parties’ national defense organizations
for defense cooperation activities that involve the Assignment of personnel shall
be governed by the following terms in addition to those set forth in Articles I through XIII of this Agreement, when this Agreement is explicitly invoked by such MoUs or other written arrangements
subject to this Agreement:
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1. The following terms shall have the indicated meanings when used in this Annex:
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1.1. “Assignment” shall mean the assignment, placement, exchange, or liaison of National
Defense Units and Personnel of one Party to exchange, liaison, cooperative project,
or other positions within the national defense organization of the other Party. The
words “assigned” and “assigns” shall have a meaning corresponding with the meaning
of the word “Assignment.”
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1.2. “Classified Information” shall mean Information provided by one Party to the other
Party that is designated, and, for all such forms other than oral, marked as classified
by the releasing Party for national security purposes and therefore requires protection
against unauthorized disclosure. Classified Information may be in oral, visual, electronic,
or documentary form, or in the form of material, including equipment or technology.
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1.3. “Controlled Unclassified Information” shall mean unclassified Information to which
access or distribution limitations have been applied in accordance with applicable
national laws, regulations, and policies of the Parties and that it is designated,
and, for all such forms other than oral, marked as such by the releasing Party or
Parties as applicable. It includes Information that is exempt from public disclosure
or that is subject to export controls.
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1.4. “Host Government” shall mean the national government of the Host Defense Organization,
as well as all political subdivisions thereof.
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1.5. “Host Defense Organization” shall mean the national defense organization to which
a National Defense Unit or Personnel of the Parent Defense Organization is assigned
pursuant to the MoUs or other written arrangements subject to this Agreement.
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1.6. “Information” shall mean knowledge that can be communicated by any means, regardless
of form or type, including, but not limited to, that of a scientific, technical, business,
or financial nature, and also including photographs, reports, manuals, threat data,
experimental data, test data, computer software, designs, specifications, processes,
techniques, inventions, drawings, technical writings, sound recordings, pictorial
representations, and other graphical presentations, whether in magnetic tape, computer
memory, or any other form and whether or not subject to intellectual property rights.
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1.7. “National Defense Units and Personnel” shall mean units and personnel within the definitions
of “force” and “civilian component” in Article I of the NATO SOFA, or within the definition of “United States personnel” in Article I of the Caribbean SOFA, or in the Stationing Agreement, and does not include employees and agents of contractors.
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1.8. “Parent Government” shall mean the national government of the Parent Defense Organization,
as well as all political subdivisions thereof.
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1.9. “Parent Defense Organization” shall mean the national defense organization of the
Parent Government that assigns a National Defense Unit or Personnel to the Host Defense
Organization, pursuant to the MoUs or other written arrangements subject to this Agreement.
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1.10. “Security Assurances” shall mean a written confirmation, requested by and exchanged
between governments, that contains the following elements: verification of the personnel
security clearance level of the Parent Government’s citizens or nationals; a statement
by a responsible official of the Parent Government confirming its citizens or nationals
are approved to access the Classified and Controlled Unclassified Information relevant
to the Assignment on behalf of the Parent Government; and an obligation that the government
shall ensure compliance with any security agreements or other security requirements
specified by either government.
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2. The Parent Defense Organization shall provide the Host Defense Organization with the
appropriate Security Assurances for National Defense Units and Personnel prior to
the commencement of the Assignment. Security Assurances shall be filed through official
channels and in accordance with the established visit procedures of the Host Defense
Organization. Access to Classified Information and Controlled Unclassified Information
shall not occur until such security assurances have been received by the Host Defense
Organization.
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3. Assigned National Defense Units and Personnel shall comply with the security and disclosure
laws, regulations, and policies of both Parties concerning Classified Information
and Controlled Unclassified Information and all applicable international agreements
and arrangements between the Parties.
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4. All Classified Information exchanged or disclosed to assigned National Defense Units
and Personnel pursuant to the MoUs or other written arrangements subject to this Agreement
shall be subject to and protected in accordance with the Agreement Between the United States of America and the Kingdom of the Netherlands
Relating to the Safeguarding of Classified Information, concluded by exchange of notes at Washington, D.C., on August 18, 1960, as amended,
and the Security Implementing Arrangement for Operations Between the Department of
Defense of the United States of America and the Minister of Defence of the Kingdom
of the Netherlands, with Appendices, signed at The Hague and Washington January 31,
2006, and March 13, 2006, to the extent applicable.
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5. Access to Controlled Unclassified Information by assigned National Defense Units and
Personnel shall be authorized by the Host Defense Organization and shall be granted
only as necessary to fulfill the purpose for the Assignment.
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5.1. Controlled Unclassified Information provided by or produced in cooperation with the
Parent Defense Organization shall be made available by the assigned National Defense
Units and Personnel to the Host Defense Organization only on the condition that it
shall not be released to a third party (as may be defined in the MoUs or other written
arrangements subject to this Agreement) by the Host Defense Organization without the
prior written approval of the appropriate authorities of the Parent Government.
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5.2. Disclosure of Controlled Unclassified Information by the Host Defense Organization
to assigned National Defense Units and Personnel shall not be deemed a license or
an authorization to use such Information for any purpose other than for the purpose
of the Assignment.
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6. Assigned National Defense Units and Personnel and their dependents shall be accorded
exemptions, privileges, and immunities to the extent authorized by the applicable
laws and regulations of the Host Government, any applicable status of forces agreement
between the Parties, or other applicable international agreement or arrangement between
the Parties. Criminal and disciplinary jurisdiction shall be exercised in accordance
with any such agreements between the Parties, including but not limited to the NATO SOFA, the Caribbean SOFA, and the Stationing Agreement. Nothing in this agreement derogates from the exemptions,
privileges, and immunities accorded by Host Government law or international agreement
or arrangement.
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7. Assigned National Defense Units and Personnel shall observe relevant Host Government
laws and shall abstain from any activity inconsistent with the provisions of any MoUs
or other written arrangements subject to this Agreement, and from all political activity
in the territory of the Host Government.
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8. Neither the Host Defense Organization nor the armed forces of the Host Government
may take disciplinary action against assigned National Defense Units and Personnel
of the other Party under the military laws or regulations of the Host Government,
nor shall the Host Defense Organization or the armed forces of the Host Government
exercise disciplinary powers over the dependents of such assigned National Defense
Units and Personnel of the other Party. The Parent Defense Organization shall take
such administrative or disciplinary action against its assigned National Defense Units
and Personnel as may be appropriate in the circumstances and the Parties shall cooperate
in the investigation of any offenses under the laws or regulations of either Party.
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9. If any assigned National Defense Units and Personnel are unable to perform their duties
because of inappropriate behavior, willful violations of obligations or procedures,
disciplinary action, illness, unsuitability, or other reason, the Host Defense Organization
may request termination of their Assignment. At the request of the Host Defense Organization,
the Parent Defense Organization shall remove the assigned National Defense Units and
Personnel from the territory of the Host Government. In the event of the termination
of an Assignment, the Parent Defense Organization may fill the terminated Assignment
with another individual who meets the requirements of the Assignment, subject to any
certification, approval, or training requirements of the Host Defense Organization.
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10. Assigned National Defense Units and Personnel of either Party may possess and carry
arms while on duty on the condition that they are authorized to do so by their orders
and with the approval of the appropriate authorities of the Host Government. Assigned
National Defense Units and Personnel shall not carry or transport privately owned
weapons into the territory of the Host Government, unless authorized to do so by the
appropriate authorities of the Host Government, in accordance with the applicable
laws of the Host Government.
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11. Medical and dental services shall be subject to the provisions of any applicable international
agreements or arrangements between the Parties, and in the absence of such an agreement
or arrangement, all costs associated with medical and dental services of the assigned
National Defense Units and Personnel shall be the responsibility of the Parent Government
or Parent Defense Organization.
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12. Unless the Parent Defense Organization gives written approval, assigned National Defense
Units and Personnel shall not be placed in positions of political sensitivity where
their presence might jeopardize the interests of their Parent Defense Organization
or Parent Government. Additionally, unless the Parent Defense Organization gives written
approval, assigned National Defense Units and Personnel shall not:
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12.1. be placed in duty Assignments or in situations in which direct hostilities with forces
of third states are likely to occur or have commenced;
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12.2. participate in any form of operation, including peacekeeping or combat operations;
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12.3. travel to a third country, as part of the duties being performed;
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12.4. participate in any law enforcement operations; or
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12.5. participate in any civil-military actions.
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13. Upon arrival, assigned National Defense Units and Personnel shall be provided briefings
by the Host Defense Organization on the laws, regulations, and policies pertaining
to Classified Information and Controlled Unclassified Information. Additionally, assigned
National Defense Units, Personnel, and their dependents shall be provided Information
on exemptions and privileges, medical and dental services, and other matters as appropriate.
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14. The Host Defense Organization shall provide, upon request and subject to availability,
such office facilities, communication services, access to and use of facilities, base
operations support, and other administrative or logistic support addressed in applicable
MoUs or other written arrangements subject to this Agreement. All costs associated
with the provision of administrative, logistic, or training support provided pursuant
to these MoUs or other written arrangements subject to this Agreement shall be subject
to reimbursement by the Parent Defense Organization to the Host Defense Organization,
as required by the laws, regulations, or policies of the Host Government, and as set
out in the applicable MoUs or other written arrangements subject to this Agreement.