THE MARINE MAMMAL COMMISSION COMPENDIUM
BILATERAL / SWEDEN
First Update; pages 937-948
Done at Stockholm 24 April 1995
Entered into force 24 April 1995
Primary source citation: Copy of text provided by the U.S. Department of State
AGREEMENT BETWEEN THE DEPARTMENT OF DEFENSE OF THE UNITED STATES OF AMERICA AND THE ARMED FORCES OF THE KINGDOM OF SWEDEN FOR COOPERATION ON ENVIRONMENTAL PROTECTION IN DEFENSE MATTERS
Article I DEFINITION OF TERMS AND ABBREVIATIONS
Article II OBJECTIVE
Article III SCOPE OF WORK
Article IV MANAGEMENT (ORGANIZATION AND RESPONSIBILITY)
Article V FINANCIAL PROVISIONS
Article VI CONTRACTUAL PROVISIONS
Article VII PROJECT EQUIPMENT
Article VIII DISCLOSURE AND USE OF PROJECT INFORMATION
Article IX CONTROLLED INFORMATION
Article X VISITS TO ESTABLISHMENTS
Article XI SECURITY
Article XII THIRD PARTY SALES AND TRANSFERS
Article XIII LIABILITY
Article XIV CUSTOMS DUTIES, TAXES AND SIMILAR CHARGES
Article XV SETTLEMENT OF DISPUTES
Article XVI LANGUAGE
Article XVII GENERAL PROVISIONS
Article XVIII AMENDMENT, TERMINATION, ENTRY INTO FORCE AND DURATION
The Department of Defense of the United States of America and the Armed Forces of the Kingdom of Sweden, hereinafter referred to as the "Parties":
Having a common interest in defense;
Recognizing the benefits to be obtained from rationalization, standardization and interoperability of military equipments and methods for identifying and preventing environmental pollution;
Seeking to make the best use of their respective research and development capacities, eliminate unnecessary duplication of work and obtain the most efficient and cost-effective results;
Recognizing the need to collectively develop emerging technologies to address environmental issues;
Have agreed as follows:
ARTICLE I DEFINITION OF TERMS AND ABBREVIATIONS
Official information that requires protection in the interests of national security and is so designated by the application of a security classification marking.
Unclassified information to which access or distribution limitations have been applied in accordance with national laws and regulations, and which will be marked and handled in compliance with this Agreement.
Designated Security Authority (DSA) The security office approved by a national authority to be responsible for that nation's security aspects of this Agreement.
Manufacturing or other use in any part of the world by or for the government of either Party. (Any sales or transfers to Third Parties will be subject to Article XII of this Agreement.)
Legal protection of the right to exclude others from making, using, or selling an invention. The term refers to any and all patents, including but not limited to patents of implementation, improvement, or addition, petty patents, utility models, appearance design patents, registered designs, and inventor certificates or like statutory protection as well as divisions, reissues, continuations, renewals, and extensions, of any of these.
Project Annex (PA) An implementing arrangement, added after this Agreement has been in force, which details the terms of collaboration on a specific Project.
Project Background Information
Information not generated in the performance of a Project.
Project Foreground Information
Information generated in the performance of a Project.
Any material, equipment, end item, subsystem, component, special tooling or test equipment used in a Project.
Any data, knowledge, fact, or information provided, generated, or used in a Project under this agreement regardless of form or type, including that of a scientific, technical, business, or financial nature, and also including photographs, reports, manuals, threat data, experimental data, test data, 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 copyright, patent, or other legal protection.
Any invention or discovery formulated, made (conceived or first actually reduced to practice) in the course of work performed under a Project. The term first actually reduced to practice means the first demonstration, sufficient to establish to one skilled in the art to which the invention pertains, of the operability of an invention for its intended purpose and in its intended environment.
Swedish Armed Forces
An organization which is made up of the Swedish Army, Navy, and Air Forces.
Any person or other entity whose government or whose governing authority is not a Party to this Agreement.
ARTICLE II OBJECTIVE
2. Detailed terms and conditions of each individual Project shall be in accordance with this Agreement and be recorded in Annexes to this Agreement. Each Project Annex shall include, as a minimum, provisions concerning the objective, scope of work, management structure, financial arrangements, contractual arrangements (if required) and responsibilities of the Parties in accordance with the format set forth in Annex A to the extent practicable.
3. U.S. participation will include the OSD, Army, Navy and Air Force.
4. Swedish participation will include the Armed Forces, supported by the following agencies: the Fortification Administration, the Swedish Defence Material Administration and the National Defence Research Establishment.
ARTICLE III SCOPE OF WORK
2. Experience, information and views on selected environmental issues will be initially exchanged in the following areas:
Efforts to reduce or eliminate adverse environmental impacts on air, water and land due to armed forces installations and activities.
Methods to measure, predict, and mitigate the effects of noise related to defense systems operations.
Efforts to monitor, remediate and restore environments contaminated by defense activities.
Guidelines and techniques for disposal of defense material/wastes.
Factoring environmental considerations into the acquisition and procurement of equipment and facilities.
Efforts to implement pollution prevention and source reduction measures on naval ships and at defense installations.
Development of environmental training and education programs to increase environmental awareness in the armed forces.
Efforts to develop techniques needed for successful multiple resource management on defense installations in light of military operations.
Efforts to conserve and enhance nature and wildlife in areas used for military activities.
3. Individual Projects will be established by the Parties to address specific areas of joint activity or information exchange.
ARTICLE IV MANAGEMENT
2. The SC will schedule working groups to address the environmental areas described in Article III. When these working groups decide a particular area warrants further attention, the Parties will enter into a Project Annex to this Agreement to establish a Project for that area.
3. The SC shall be responsible for:
exercising policy and management direction during the course of Project implementation.
monitoring overall Project implementation, including Project execution, specifications, milestones, cost and financial requirements.
recommending amendments to this Agreement to the Parties.
exercising overall authority over Project Officers in accordance with this Agreement.
4. Project Officers (POs) shall be appointed for each Project. POs shall have the primary responsibility for implementation, management, and direction of a Project in accordance with this Agreement.
5. If needed, a separate Steering Committee may be designated in the Project Annex to provide specific policy and management direction to the POs during the execution of a specific Project.
ARTICLE V FINANCIAL PROVISIONS
2. The following costs shall be borne entirely by the Party incurring the costs:
Costs associated with any unique national requirements identified by a Party.
Costs associated with attendance at, and hosting of, meetings and working groups.
Any other costs outside the scope of this Agreement and its Project Annexes.
3. A Party shall promptly notify the other Party if available funds are not adequate to fulfill its obligations under this Agreement or a Project Annex. If a Party notifies the other Party that it is terminating or reducing its funding for a Project, both Parties shall immediately consult with a view toward continuation on a changed or reduced basis.
4. The financial arrangements for a specific Project will be provided in the Annex for that Project.
ARTICLE VI CONTRACTUAL PROVISIONS
2. When one Party individually contracts to undertake a task under a Project Annex to this Agreement, it shall be solely responsible for its own contracting, and the other Party shall not be subject to any liability arising from such contracts without its written agreement.
3. For all contracting activities performed by either Party, the POs shall be provided a copy of all Statements of Work prior to the development of solicitations to ensure that they are consistent with the provisions of this Agreement and the applicable Annex.
4. Each Party's Contracting Agency shall negotiate to obtain the rights to use and disclose Project Information required by ARTICLE VIII (Disclosure and Use of Project Information). Each Party's Contracting Agency shall insert into its prospective contracts (and require its subcontractors to insert in subcontracts) suitable provisions to satisfy the requirements of ARTICLE VIII (Disclosure and Use of Project Information), ARTICLE IX (Controlled Information), ARTICLE XI (Security) and ARTICLE XII (Third Party Sales and Transfers) of this Agreement. During the contracting process, each Party's contracting officer shall advise prospective contractors of their obligation to immediately notify the Contracting Agency before contract award if they are subject to any license or agreement that will restrict that Party's freedom to disclose information or permit its use. The contracting officer will also advise prospective contractors to employ their best efforts not to enter into any new agreement or arrangement that shall result in restrictions.
5. In the event a Party's Contracting Agency is unable to secure adequate rights to use and disclose Project Information as required by ARTICLE VIII (Disclosure and Use of Project Information), or is notified by contractors or potential contractors of any restrictions on the disclosure and use of information, that Party's PO shall notify the other Party's PO of the restrictions.
6. Each Party's PO shall promptly advise the other Party's PO of any cost growth, schedule delay, or performance problems of any contractor for which its Contracting Agency is responsible.
ARTICLE VII PROJECT EQUIPMENT
2. The receiving Party shall maintain any such Project Equipment in good order, repair, and operable condition and return the items in as good a condition as received, normal wear and tear excepted. The receiving Party shall pay the cost of damage (other than normal wear and tear) to or loss of Project Equipment.
3. All Project Equipment that is transferred shall be used by the receiving Party only for the purposes set out in the relevant Project Annex. In addition, in accordance with ARTICLE XII (Third Party Sales and Transfers) Project Equipment will not be re-transferred to a Third Party without the prior written consent of the providing Party.
4. Project Equipment transferred to one Party under this Agreement shall be returned to the providing Party prior to the termination or expiration of this Agreement.
ARTICLE VIII DISCLOSURE AND USE OF PROJECT INFORMATION
Both Parties recognize that successful collaboration depends on full and prompt exchange of information necessary for carrying out each Project. The Parties intend to acquire sufficient Project Information and rights to enable collaboration on basic research, exploratory and advanced development technologies whose maturation may lead to the development of technologically superior environmental protection systems. The nature and amount of Project Information to be acquired shall be consistent with the objectives stated in ARTICLE II (Objectives) and the Project Annexes to this Agreement.
2. Project Foreground Information
Disclosure: Project Foreground Information shall be made available to both Parties in accordance with the provisions of this Agreement.
Use: Each Party may use this Project Foreground Information without charge for its Governmental Purposes; however, if a Party intends to use the Project Foreground Information in a sale or other transfer to a Third Party, the provisions of ARTICLE XII (Third Party Sales and Transfers) of this Agreement shall apply.
3. Project Background Information
Disclosure: Each Party, upon request, shall make available to the other Party any relevant information in its possession not generated in the performance of the Project, provided that:
(1) The Project Background Information is necessary to or useful in the Project. The Party in possession of the information shall determine whether it is "necessary to" or "useful in" the Project;
(2) The Project Background Information may be made available without incurring liability to holders of proprietary rights; and
(3) Disclosure is consistent with national disclosure policies and regulations of the furnishing Party.
Use: Project Background Information furnished by a Party may be used by the other Party for Project purposes only.
4. Proprietary Project Information
All proprietary information shall be identified and marked.
The provisions of the Agreement to Facilitate Interchange of Patent Rights and Technical Information for Defense Purposes, dated October 4, 1962 between the U.S. and Sweden shall apply to proprietary Project Information related to this Agreement.
Where a Party has or can secure the right to file a patent application with regard to a Project Invention, that Party shall consult with the other Party regarding the filing of such patent application. The Party having such rights shall in other countries, file, cause to be filed, or provide the other Party with the opportunity to file on behalf of the Party holding such rights, or its contractors, as appropriate, patent applications covering any such Project Invention. If a Party having filed or caused to be filed a patent application decides to stop prosecution of the application, that Party shall notify the other Party of that decision and permit the other Party to continue the prosecution.
Each Party shall be furnished with copies of patent applications filed and patents granted with regard to Project Inventions.
Each Party shall acquire a non-exclusive, irrevocable, royalty-free license to practice or have practiced, by or on behalf of the Party, throughout the world for Governmental Purposes, any Project Invention.
Patent applications which contain classified information, to be filed under this Agreement, shall be protected and safeguarded in accordance with the Agreement Approving the Procedures for Reciprocal Filing of Patent Applications in the U.S. and Sweden, dated November 17, 1964. Insofar as possible, each Party shall extend to the other Party any relief from patent infringement claims arising in the course of work performed under the Project that it may be able to claim on its own behalf. The Parties shall, in accordance with their national laws and practices, give their authorization and consent for all use and manufacture in the course of work performed under the Project of any invention covered by a patent issued by their respective countries. Each Party is responsible for handling all patent infringement claims made in its territory and to inform the other Party of such claims and to consult with the other Party during the handling and prior to the settlement of such claims.
ARTICLE IX CONTROLLED INFORMATION
Such information shall be used only for purposes authorized for use of Project Information as specified in ARTICLE VIII (Disclosure and Use of Project Information).
Access to such information shall be limited to personnel whose access is necessary for the permitted use under subparagraph (a) above, and subject to the provisions of ARTICLE XII (Third Party Sales and Transfers).
Each Party shall take all lawful steps, which may include national classification, to keep such information free from further disclosure (including requests under any legislative provisions) except as provided in subparagraph (b) above, unless the originating Party consents to such disclosure. In the event of unauthorized disclosure, or if it becomes probable that the information may have to be disclosed to a Third Party or a judicial body under any legislative provision, immediate notification shall be given to the originating Party.
2. To assist in providing the appropriate controls, the Parties shall agree in advance on the markings to be placed on the Controlled Information, and shall incorporate these procedures into the Project Security Instruction.
3. Controlled Information provided or generated pursuant to this Agreement shall be stored, handled and transmitted in a manner that ensures control as provided for in Paragraphs 1 and 2, above. Prior to authorizing the release of Controlled Information to contractors, the Parties shall ensure the contractors are legally bound to control such information in accordance with the provisions of this Article.
4. The provisions of the Agreement between the Government of the United States of America and the Government of Sweden on Interchange of Patent Rights and Technical Information for Defense Purposes of 4 October 1962 shall also apply to any Controlled Information of a proprietary nature to this Agreement.
ARTICLE X VISITS TO ESTABLISHMENTS
2. All visiting personnel shall be required to comply with security regulations of the host Party. Any information disclosed or made available to visitors shall be treated as supplied to the Party sponsoring the visiting personnel, and shall be subject to the provisions of this Agreement.
3. Requests for visits by personnel of one Party to a facility of the other Party shall be coordinated through official channels, and shall conform with the established visit procedures of the host country. Requests for visits shall cite this Agreement and the appropriate Project as the basis for the request.
4. Lists of personnel of each Party required to visit, on a continuing basis, facilities of the other Party shall be submitted through official channels in accordance with Recurring International Visit Procedures.
ARTICLE XI SECURITY
It is the intent of the Parties that the Program carried out under this Agreement shall be conducted at the unclassified level. No classified information shall be provided or generated under this Agreement.
ARTICLE XII THIRD PARTY SALES AND TRANSFERS
2. The Armed Forces of Sweden shall retain the right to sell, transfer title to, disclose, or transfer possession of Project Foreground Information to Third Parties when such Information is generated solely by the Armed Forces of Sweden in performance of its work allocation under ARTICLE III (Scope of Work), and does not include any Project Background Information of the other Party.
3. Except to the extent permitted in paragraphs 1 and 2 above, the Parties shall not sell, transfer title to, disclose, or transfer possession of Project Foreground Information or Project Equipment to any Third Party, or permit such transfer, without the prior written consent of the other Party. Furthermore, neither Party shall permit any such sale, disclosure, or transfer, including by the owner of the item, without the prior written consent of the other Party. Such consent will not be given unless the government of the intended recipient agrees in writing with the Parties that it will:
Not retransfer, or permit the further retransfer of, any equipment or information provided; and,
Use, or permit the use of, the equipment or information provided for the purposes specified by the Parties.
4. In the event questions arise regarding the origin of Project Foreground Information that a Party intends to sell, transfer title to, disclose, or transfer to a Third Party, the matter shall be brought to the immediate attention of the other Party's PO. If necessary, the matter shall be referred to the SC for resolution prior to any sale or other transfer of such Project Foreground Information to a Third Party.
5. The Parties shall not sell, transfer title to, disclose, or transfer possession of Project Background Information or Project Equipment provided by another Party to any Third Party without the prior written consent of the Party which provided such equipment or Information. The providing Party shall be solely responsible for authorizing such transfers and, as applicable, specifying the method and conditions for implementing such transfers.
ARTICLE XIII LIABILITY
The Parties waive all their claims, other than contractual claims, against each other, and against the military members and civilian employees of each other for damage, loss or destruction of property owned or used by them, if such damage, loss or destruction:
(1) was caused by a military member or civilian employee in the performance of official duties, or
(2) arose from the use of any vehicle, vessel or aircraft owned by the other Party and used by it, provided that the vehicle, vessel, or aircraft causing the damage, loss or destruction was being used for official purposes, or that the damage, loss or destruction was caused to property being so used.
The Parties waive all their claims against each other and against the other's military members and civilian employees for injury or death suffered by any of its military members or civilian employees while such member or employee was engaged in the performance of official duties.
Nothing herein shall be construed as waiving the claims, or suits of individual military members of the respective Departments of Defense, its civilian employees, or third parties that might exist under applicable law.
Claims, other than contractual claims, not covered by paragraphs (a) and (b), shall be dealt with by each Party in accordance with its national laws. Each Party shall pay just and reasonable compensation in settlement of meritorious claims for damage, loss, personal injury or death caused by acts or omissions of its military members or civilian employees when acting in the performance of official duties.
2. Claims arising under or related to any contract awarded pursuant to ARTICLE VI (Contractual Provisions) shall be resolved in accordance with the provisions of the contract.
ARTICLE XIV CUSTOMS DUTIES, TAXES AND SIMILAR CHARGES
2. Each Party shall use its best efforts to administer customs duties, import and export taxes, and similar charges in a manner favorable to the efficient and economical conduct of the work. If any such duties, taxes, or similar charges are levied, the Party in whose country they are levied shall bear such costs.
ARTICLE XV SETTLEMENT OF DISPUTES
ARTICLE XVI LANGUAGE
2. All data and information generated under this Agreement and its implementing Contracts and provided by one Party to the other will normally be furnished in the original language of the source material.
ARTICLE XVII GENERAL PROVISIONS
2. In the event of a conflict between an Article of this Agreement and any Project Annex to this Agreement, the Article shall govern.
ARTICLE XVIII AMENDMENT, TERMINATION, ENTRY INTO FORCE AND DURATION
2. This Agreement may be terminated at any time upon the written agreement of the Parties. In the event that the Parties agree to terminate this Agreement, the Parties shall consult prior to the date of termination to ensure termination on the most economical and equitable terms.
3. Any Party may terminate this Agreement or any Project Annex upon 60 days written notification to the other Party. Such notice with regard to a Project Annex shall be the subject of immediate consultation by the Steering Committee to decide upon the appropriate course of action. In the event of such termination, the following rules apply:
The terminating Party shall continue participation, financial or otherwise, until the effective date of termination.
Each Party shall pay the costs it incurs as a result of the termination.
All Project Information and rights therein received under the provisions of this Agreement prior to the termination shall be retained by the Parties, subject to the provisions of this Agreement.
4. Termination of this Agreement shall terminate its Annexes.
5. The respective rights and responsibilities of the Parties regarding ARTICLE VII (Project Equipment), ARTICLE VIII (Disclosure and Use of Project Information), ARTICLE IX (Controlled Information), ARTICLE XI (Security), ARTICLE XII (Third Party Sales and Transfers), and ARTICLE XIII (Liability), shall continue notwithstanding termination or expiration of this Agreement or its Project Annexes.
6. This Agreement, which consists of the Preamble and 18 Articles, shall enter into force from the date of the last signature and shall remain in force for ten years. It may be extended by written agreement of the Parties.
IN WITNESS WHEREOF, the undersigned, being duly authorized, have signed this Agreement.
DONE in duplicate, in the English language.
FOR THE ARMED FORCES OF THE KINGDOM OF SWEDEN: [Signature] Owe Wiktorin (Name) Supreme Commander (Title) Stockholm (Location) FOR THE DEPARTMENT OF DEFENSE OF THE UNITED STATES OF AMERICA [Signature] Gary D. Vest (Name) Principal Assistant Deputy Under Secretary of Defense (Environmental Security) (Title) Stockholm (Location) April 24, 1995