International Cooperative Program (ICP) International Agreements (IAs) Basics

1. International Cooperative Program (ICP) International Agreements (IAs) Basics

2. Lesson Outline • DoD International Acquisition & Exportability (IA&E) • What are International Cooperative Programs (ICPs) • What are ICP International Agreements (IAs)? • What is the OUSD/A&S ICP IA Business Process?

3. International Acquisition and Exportability Elements IA&E Assessment (Early in Program Development ) Acquisition Strategy (Int’l Involvement Section) International Business Plan (IBP) (Mature Programs) Assess early Develop and implement a combined domestic and international acquisition plan Pursue ICP opportunities and plan for Defense Sales & Transfers

4. International Cooperative Program (ICP) An international cooperative program (ICP) is any acquisition program or technology project that includes participation by the U.S. and one or more foreign nations, through an international agreement, during any phase of a system’s life cycle. DoDI 5000.02, Operation of the Defense Acquisition System, Enclosure 2, para 7. b. (1)

5. Int’l Coop Program (ICP) Process Opportunity Identification & Assessment Request Authority to Develop (RAD) International Agreement Negotiation Request Final Approval (RFA) International Agreement Signature Cooperative Program Execution OUSD(A&S) International Agreements (IA) Process

6. ICP Identification & Assessment Documented & Formal Conceptual & Less Formal Identify Led by DoD Component IPO & Managed by OUSD/IC/A&S Increasing DoD Component IPO Involvement Explore • Define U.S. ICP trade space • Engage potential partner nation(s) ICP IA Process • Identify potentially viable partners • Consider “scope” alternatives • Arrange exploratory discussions Validate • Request for Authority to Develop (RAD) • Request for Final Approval (RFA) • Approval, Signature & Implementation • Conduct tech discussions • Define rough scope of ICP • Confirm viability and level of commitment Normally PMO-Led Efforts Use DAU ICP Job Support Tool (JST) to plan and organize your efforts

7. S&T, R&DorSystem Cooperation? Generic ICP Model Data Exchange Cooperative S&T or R&D Projects System Level Cooperation DEA/IEA RDT&E MOU PA Program-Specific MOU How does PMO make this transition? S&T community makes this transition • Scope alternatives include • S&T cooperative projects • Program-related cooperative R&D projects • Full scope system level cooperative program • Bilateral or multilateral or parallel U.S. – partner bilaterals?

8. Nature of International Agreements • Each International Agreement (IA) is unique • Not a Treaty, but much more than an international handshake • An Executive Department Agreement that may have a Congressional reporting requirement • Often legally binding for the U.S. (but not always) • Only politically, morally binding for some partners • Enforceable if terms violated? • Reciprocal

9. International Agreement Definition Any agreement concluded with one or more foreign governments (including their agencies, instrumentalities, or political subdivisions) or with an international organization, that: (1) Is signed or agreedto by personnel of any DoD Component, or by representatives of the DoS or any other Department or Agency of the U.S. Government; (2) Signifies the intention of its parties to be bound in international law; (3) Is denominated as an international agreement or as a memorandum of understanding, memorandum of agreement, memorandum of arrangements, exchange of notes, exchange of letters, technical arrangement, protocol, note verbal, aide memoire, agreed minute, contract, arrangement, statement of intent, letter of intent, statement of understanding, or any other name connoting a similar legal consequence. DoDD 5530.3, International Agreements

10. Int’l Coop Program (ICP) Process Opportunity Identification & Assessment Request Authority to Develop (RAD) International Agreement Negotiation Request Final Approval (RFA) International Agreement Signature Cooperative Program Execution OUSD(A&S) International Agreements (IA) Process

11. The Streamlined ICP IA Process • Streamlines OSD portion of the ICP IA process • In effect since the mid-1990s; mature and well understood; designed to OSD-Interagency coordination (staffing) time • Significantly changes DoDD 5530.3 process • Applies to all A&S/R&E-related IAs • ICP IA process details in Defense Acquisition Guidebook (DAG) Chapter 1, Supplement 1, Section 6 published February 2017 https://www.dau.mil/guidebooks/Shared%20Documents%20HTML/Chapter%201%20Program%20Management.aspx#toc322 • ICP IA development, negotiation, and approval process best practice advice contained in in DAU’s ICP Job Support Tool https://www.dau.mil/tools/t/International-Cooperative-Programs-(ICPs)-Job-Support-Tool-(JST)

12. ICP IA Process Overview A&S is Process Owner • Director of International Cooperation, USD(A&S)/IC • Responsible for international cooperation policy & providing international agreement approvals to DoD Components Exploratory Discussions SSOI Development Request Authority to Develop (RAD) Negotiations Request for Final Approval (RFA) Sign Agreement Timeline • Highly dependent on international agreement complexity • For simple Project Agreements (PAs),~6-9 months from RAD to agreement signature (but it can be faster) • Complex multilateral MOUs can take significantly longer Execute ICP

13. ICP IA Process Roles DoD Component IPO Role PMO Role DoD Component General Counsel Role • Prepares the draft SSOI (esp. program/funding and TSFD/EC-related content) • Provides management and technical aspect of the IA • Supports development of IA negotiating positions and negotiations for complex IAs • Reviews and coordinates RAD and RFA within Componentand through A&S/IC (incl. OSD, Interagency, and Congress) • Develops the IA using the International Agreement (IA) Generator or “PA” template • Staffs the IA for Component and higher level approvals • Leads development of IA negotiation positions • Serves as chief IA negotiator • Advice on RAD/RFA & IA legal and policy aspects

14. ICP IA Process – Draft Text Development Generation of MOU Text Internal Component Staffing US-Only Document/System DOD IA Generator

15. DoD Int’l Agreements Generator • A&S-maintained MS Word document, normally referred to as IA Gen • Standard and alternative text for common types of ICP IAs • Conforms to ICP-related U.S. laws, regulations, and policies as well as many of those of most partner nations • Two basic versions -- Non-Chapeau and Chapeau … • Contains instructions for ICP IA development and negotiations and key DoD policy references associated with each IA Section

16. IA Gen Drafting Considerations (1) • Many IA Gen sections are interdependent • Some key IA Gen sections (e.g., Management, Financial, Contracting, Third Party Sales & Transfers) require a choice among alternative section texts • DoD’s opening position on ICP IA scope of work and cost sharing arrangements has a major impact on the choice of alternatives in these key sections • The choice of alternative text in one of these sections impacts the alternative text choices in other sections

17. IA Gen Drafting Considerations (2) • DoD’s opening position on ICP IA scope of work and cost sharing must be aligned with DoD legal authorities cited in RAD SSOI • Legal authority choices require use of specific text alternatives in key IA Gen sections (e.g., Management, Financial, Contracting, Project Equipment, Disclosure and Use of Information) • ICP IA scope of work and cost sharing arrangements may change during negotiations – if so, realignment between ICP IA negotiated text and RAD SSOI legal authorities may be affected • Legal authority choices also affect RFA and signature process timeline (e.g., 2350a certification, Sec 27 notification to Congress)

18. DAU IA&E and ICP IA Courses/Tools • Today’s IA NW Workshop focuses on selected aspects of ICP IA formulation, development, negotiation, and implementation • For more comprehensive training on ICPIAs, please take advantage of the following • ACQ 120, Fundamentals of Int’l Acquisition, lessons 7, 8, and 9 • DAU ICP Job Support Tool (JST) • ACQ 340, Advanced International Management Workshop (AIMW), prior to actual IA development and negotiation

19. ACQ 340 Exercise Simulations OUSD(A&S) International Agreements (IA) Process Request Final Approval (RFA) Opportunity Identification & Assessment Request Authority to Develop (RAD) International Agreement Negotiation International Agreement Signature Cooperative Program Execution Tues PM Tues AM Thurs PM Fri AM RAD/SSOI Review Exercise DoD IA Review Exercise IA Schedule Planning Exercise International IA Negotiation Exercise Wed PM DoD IA Drafting Exercise SSOI Drafting Exercise Tues AM

20. Questions?