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Document Text Contents
Page 1

MEMORANDUM OF UNDERSTANDING

AMONG THE

DEPARTMENT OF DEFENCE OF AUSTRALIA

AND THE

MINISTER OF NATIONAL DEFENCE OF CANADA

AND THE

MINISTRY OF DEFENCE OF DENMARK

AND THE

MINISTRY OF DEFENCE OF THE REPUBLIC OF ITALY

AND THE

STATE SECRETARY OF DEFENCE OF THE KINGDOM OF THE

NETHERLANDS

AND THE

MINISTRY OF DEFENCE OF THE KINGDOM OF NORWAY

AND THE

UNDERSECRETARIAT FOR DEFENSE INDUSTRIES ON BEHALF OF THE

MINISTRY OF NATIONAL DEFENSE OF THE

REPUBLIC OF TURKEY

AND THE

SECRETARY OF STATE FOR DEFENCE OF THE

UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND

AND THE

SECRETARY OF DEFENSE ON BEHALF OF THE DEPARTMENT OF DEFENSE

OF THE UNITED STATES OF AMERICA

CONCERNING THE PRODUCTION, SUSTAINMENT,

AND FOLLOW-ON DEVELOPMENT OF THE

JOINT STRIKE FIGHTER

THIS DOCUMENT IS CERTIFIED TO BE A TRUE COPY
CERTIFIED BY: FRANK KENLON, DEPUTY DIRECTOR,

INTERNATIONAL NEGOTIATIONS

holmanbs
New Stamp

Page 2

MEMORANDUM OF UNDERSTANDING

AMONG THE

DEPARTMENT OF DEFENCE OF AUSTRALIA

AND THE

MINISTER OF NATIONAL DEFENCE OF CANADA

AND THE

MINISTRY OF DEFENCE OF DENMARK

AND THE

MINISTRY OF DEFENCE OF THE REPUBLIC OF ITALY

AND THE

STATE SECRETARY OF DEFENCE OF THE KINGDOM OF THE NETHERLANDS

AND THE

MINISTRY OF DEFENCE OF THE KINGDOM OF NORWAY

AND THE

UNDERSECRETARIAT FOR DEFENSE INDUSTRIES ON BEHALF OF THE

MINISTRY OF NATIONAL DEFENSE OF THE

REPUBLIC OF TURKEY

AND THE

SECRETARY OF STATE FOR DEFENCE OF THE

UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND

AND THE

SECRETARY OF DEFENSE ON BEHALF OF THE DEPARTMENT OF DEFENSE

OF THE UNITED STATES OF AMERICA

CONCERNING THE PRODUCTION, SUSTAINMENT,

AND FOLLOW-ON DEVELOPMENT OF THE

JOINT STRIKE FIGHTER

(Short Title - JSF PSFD MOU)

Page 56

9.1.5.3 In order to carry out the Project
effectively (to include maintaining
configuration control and interoperability),
the U.S. DoD will receive, and may use or
have used, for Project purposes, all Project
Foreground Information generated under this
MOU for the unique or Partially Common
requirements of any other Participant or
Participants. It will also receive all
Contractor Project Background Information
delivered under Contracts awarded for the
unique or Partially Common requirements of
any other Participant or Participants, and
may use or have used that Information for
Project purposes, subject to any
restrictions by holders of Intellectual
Property rights. Participants other than
the U.S. DoD and the Participants for whom
the Information described in this paragraph
was generated or delivered may, upon
request, receive and use such Information
for the purposes of interoperability,
Project management, and configuration
control, subject to the prior written
consent of the U.S. DoD and the Participants
for whom the Information was generated or
delivered.

9.1.6 The Participants recognize that the majority of the
Project Foreground Information will be provided
electronically. The Participants will have timely
access to such electronic data to the extent
consistent with paragraph 9.1.3 of this Section.

9.1.7 A Participant may use the following Information
provided to it under the JSF SDD Framework MOU for
the following purposes under this JSF PSFD MOU:
Government Project Foreground Information and
Contractor Project Foreground Information, for
Project purposes; and Contractor Project Background
Information delivered under Contracts awarded under
the JSF SDD Framework MOU, for Project purposes,
subject to any restrictions by holders of
Intellectual Property rights. However, if a
Participant has greater rights of use to such
Information under the JSF SDD Framework MOU or its

55

Page 57

Supplement to that MOU, that Participant will
retain its greater rights of use.

9.2 Government Project Foreground Information

9.2.1 Disclosure: All Project Foreground Information
generated by a Participant's military or civilian
employees (hereinafter referred to as "Government
Project. Foreground Information") will be disclosed
promptly and without charge to the Participants.

9.2.2 Use: The Participants may use or have used all
Government Project Foreground Information without
charge for JSF Purposes. The Participant
generating Government Project Foreground
Information will also retain all its rights of use
thereto. Any sale or other transfer to a Third
Party will (be subject to the provisions of Section
XIII (Third Party Sales and Transfers) of this MOU.

9.3 Government Project Background Information

9.3.1 Disclosure: Each Participant, upon request, will
disclose promptly and without charge to the
requesting Participant any relevant Government
Project Background Information generated by its
military or civilian employees, provided that:



9.3.1.1 Such Government Project Background
Information is necessary to or useful in the
Project, with the Participant in possession
of the Information determining, after
consultation with the requesting
Participant, whether it is "necessary to" or
"useful in" the Project;

9.3.1.2 Such Government Project Background
Information may be made available only if
the rights of holders of Intellectual
Property rights are not infringed;



9.3.1.3 Disclosure is consistent with national
disclosure policies and regulations of the
furnishing Participant; and



9.3.1.4 Any disclosure or transfer of such
Government Project Background Information to

56

Page 112

ANNEX F

ESTIMATED ALLOCATION OF FINANCIAL COST CEILINGS

1.1 The estimated allocation of the shared production non-
recurring costs in TY U.S. dollars of the Financial Cost Ceiling
in paragraph 5.2.1 of Section V (Financial Provisions) is as
follows:

Participant Estimated Cost
Allocation

Australia $0.230B
Canada $0.184B
Denmark $0.110B
Italy $0.302B
The Netherlands $0.196B
Norway $0.110B
Turkey $0.230B
United Kingdom $0.318B
United States $5.623B

1.2 The estimated allocation of the shared sustainment non-
recurring costs in TY U.S. dollars of the Financial Cost Ceiling
in paragraph 5.2.2 of Section V (Financial Provisions) is as
follows:

Participant Estimated Cost
Allocation

Australia $0.042B
Canada $0.033B
Denmark $0.020B
Italy $0.055B
The Netherlands $0.035B
Norway $0.020B
Turkey $0.042B
United Kingdom $0.058B
United States - $1.018B

111

Page 113

1.3 The estimated allocation of the shared follow-on
development non-recurring costs in TY U.S. dollars of the
Financial Cost Ceiling in paragraph 5.2.3 of Section V
(Financial Provisions) is as follows:

Participant Estimated Cost
Allocation

Australia $0.418B
Canada $0.334B
Denmark $0.200B
Italy $0.547B
The Netherlands $0.355B
Norway $0.200B
Turkey $0.418B
United Kingdom $0.576B
United States $10.202B

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