19 August 1998 -------------------------------------------------------------------------- Date: 19 Aug 1998 09:48:19 -0000 From: Julian Assange To: aucrypto@suburbia.net Subject: AUCRYPTO: Australian Treaty 1991 No 11 [GPS] ------------------------------------------------------------------------ Australian Treaty Series 1991 No 11 DEPARTMENT OF FOREIGN AFFAIRS AND TRADE CANBERRA Agreement between the Government of Australia and the Government of the United States of America concerning NAVSTAR Global Positioning System (Washington, 7 February 1991) Entry into force: 7 February 1991 AUSTRALIAN TREATY SERIES 1991 No. 11 Australian Government Publishing Service Canberra (c) Commonwealth of Australia 1995 ------------------------------------------------------------------------ AGREEMENT BETWEEN THE GOVERNMENT OF AUSTRALIA AND THE GOVERNMENT OF THE UNITED STATES OF AMERICA CONCERNING NAVSTAR [1] GLOBAL POSITIONING SYSTEM Article I Introduction 1. This Agreement is between the Government of Australia and the Government of the United States of America (US), the two Governments collectively being referred to in this Agreement as "the Participants". 2. The United States Department of Defense (DoD) is conducting a major program directed toward the establishment of a satellite-based worldwide positioning and navigation system, known as the Navstar Global Positioning System (GPS). Active participation by Australia in the program should foster a widespread operational use of the system for land, sea and air applications and effect a higher degree of interoperability throughout the military forces of both nations. It is desirable that the Participants exchange information, afford the opportunity to share the use of their respective test and evaluation facilities where appropriate, conduct testing, plus make provision for the purchase by the Government of Australia for Australian military use of US-developed GPS crypto (GPS Precise Positioning Service-Security Module user equipment and GPS Precise Positioning Service user equipment) and non-crypto (GPS Standard Positioning Service user equipment) capable user equipment. Article II Objectives and scope 1. The objective of this Agreement is to establish a flow of information between the Participants and to set out US intentions regarding the availability of GPS military capabilities and equipment and the respective responsibilities of each Participant for the participation by the Government of Australia in application and operational use of GPS. Australian Department of Defence (ADOD) personnel may be integrated within the DoD Navstar GPS Joint Program Office (JPO), working in functional positions. In addition, the Participants shall jointly exchange information on supporting development activities, and conduct test and evaluation of user equipment on aspects of the existing DoD Navstar GPS Program related to mutual applications. The Participants shall also jointly work on the introduction of GPS to the military operating forces. Under the provisions of the Agreement, ADOD personnel shall: a. provide test and performance data to be used by the US DoD in development and acquisition programs; b. advise on and coordinate ADOD applications, development and testing, plus operational uses of GPS; and c. conduct testing of user equipment and provide results to the United States DoD. 2. The scope of this Agreement includes: a. exchange of information on the development, production and procurement of user equipment, and on those aspects of system operation which affect GPS integrity, accuracy and availability; b. the authorization to purchase PPS (Precise Positioning Service) capable GPS user equipment and components in accordance with the arrangements set out in Article III; c. exchange of information on the benefits of improved weapon system performance as appropriate; d. participation in the testing of prototype configurations of user equipment in the southern hemisphere; e. determining and analyzing satellite navigation error sources in the southern hemisphere; f. conducting user equipment testing; g. determining relevant accuracies for navigation and military survey purposes; h. providing technical information on the GPS Space Segment to allow Australian Government assessment of the total system viability; and i. observation of those portions of the United States User Equipment Test Program related to those mutual applications identified jointly by the Participants. Article III Cooperation 1. The handling of all COMSEC-related information and materials is subject to the terms and conditions of a GPS Communications Security (COMSEC) Arrangement. COMSEC-related matters shall be dealt with in accordance with the GPS COMSEC Arrangement. Once the Arrangement is mutually determined, the US shall: a. Provide, to the extent technically feasible, continuous GPS signal availability at all times, including in times of crisis and war, from the full operational constellation at two accuracy levels. This will form a basis for continuing use of the GPS by ADOD and other Australian users. To this end, the US shall keep Australia fully informed of all GPS matters affecting Australian use of the system. The two GPS accuracy levels will be available by the Precise Positioning Service and the Standard Positioning Service. (1) The Precise Positioning Service (PPS) will provide the greatest degree of accuracy and anti-jam protection technically feasible. Access to PPS will be controlled by Selective Availability (SA) techniques which shall be made available to authorized users. A PPS capable set is defined as one containing cryptography. (2) The Standard Positioning Service (SPS) will provide a lesser degree of accuracy than PPS. The available SPS accuracy will be consistent with US national security interests. An SPS capable set is defined as one containing no cryptography. b. Make available, through use of the GPS navigation message transmitted from the satellite, and via access to the most timely GPS operational status reporting system, information on the serviceability status of each satellite. c. Make available via access to the most timely GPS operational status reporting system, timely information on those characteristics which affect the accuracy of position, velocity and time determination for both the PPS and SPS. d. Provide interface information as authorized by national disclosure policy in sufficient detail to enable ADOD to design and manufacture crypto and non-crypto GPS user equipment to interface with the GPS signals in space and with modules required for access to GPS. Detailed information on the PPS crypto system shall be provided under the separate GPS COMSEC Arrangement. However, Auxiliary Output Chips (AOCs) and PPS security modules must be obtained only from authorized US sources under Foreign Military Sales (FMS) procedures. ADOD may release information to authorized sections of Australia's defense industries in support of ADOD military purposes. e. Provide US-manufactured PPS GPS user equipment, including PPS-security modules and/or AOC chips required for access to PPS under FMS. PPS crypto keys shall be provided in accordance with US National COMSEC policy. Specific details and information related to the COMSEC aspects must be established in the separate Arrangement. 2. Australia shall: a. Actively pursue, via appropriate national and international authorities, the authorization of GPS as an acceptable navigation medium for those authorized military users who wish to adopt GPS for maritime navigation or to satisfy their airborne en route navigation and nonprecision approach/landing requirements. b. Where the SPS accuracy can be shown to meet the established civil navigation requirements, ensure that the appropriate civil authorities are kept fully informed of the benefits which could be realized by the use of GPS. c. Seek to make an early decision regarding implementation of GPS for use by Australian military forces. 3. The PPS shall only be used and available for Australian military users. Other Australian users' requests for PPS access shall be submitted through ADOD to the US DoD Assistant Secretary of Defense (C3I) who shall consider such requests on a case-by-case basis. 4. Purchase Arrangements a. ADOD is authorized to purchase US-designed and produced PPS capable GPS user equipment and associated support either under Foreign Military Sales (FMS) procedures, commercially direct from authorized US industry (with the exception of the PPS-security module and AOC chip - see paragraph 4.b below) or by a combination thereof. Commercial purchases shall be governed by US export licensing requirements. b. All US manufactured PPS-security modules and AOC chips shall be made available only under FMS procedures. PPS crypto keys shall be made available in accordance with the US National COMSEC policy. c. Transfer of data is for satisfaction of Australian military testing, operations, and maintenance requirements. 5. The Participants recognize that the transfer of defense articles and services pursuant to this Agreement shall be in accordance with the provisions of the US Arms Export Control Act (AECA) and other applicable US laws, regulations, policies, and procedures. Defense articles, services, and technical data sold by the US Government shall be provided through Foreign Military Sales (FMS) Letters of Offer and Acceptance (LOA). In the event of any inconsistencies between this Agreement and any implementing LOA, the provisions of the LOA shall govern. Article IV Project management and organization 1. Each Participant shall establish a GPS coordinating office, Joint Program Office or JPO, which shall be its single point of contact for the exchange of information between the Participants. ADOD personnel may be integrated into the US JPO, working in functional positions. 2. As mutually determined between the ADOD and DoD, ADOD personnel selected by ADOD shall be assigned to the US JPO for periods sufficient to ensure continuity and maximum productivity. Appropriate information on each selected project officer shall be forwarded to the US JPO a minimum of ninety days prior to personnel assignments to assist in relocation. Article V Exchange of information 1. In the implementation of the Agreement, authorities and establishments of the Australian Department of Defence and United States Department of Defense listed herein are authorized to correspond with each other. Such correspondence shall be forwarded as follows: For Australia Via American Embassy, Canberra to the relevant Australian Project Officer listed in paragraph 3 below. For the United States Via Australian Embassy, Washington to the cognizant US Project Officer listed in paragraph 3 below. 2. Requests by establishments and authorities listed herein for classified military information within the scope of the Agreement and originated by the other country shall be addressed to the Project Officer of that country. Such requests shall be transmitted through the channels prescribed for correspondence in paragraph 1 above. If the request is classified, it shall be afforded the same degree of security protection as that prescribed for classified information under Article IX of the Agreement. 3. The following are the Authorities and Project Officers concerned with this Agreement. For Australia Authority Assistant Chief of Air Staff - Materiel Royal Australian Air Force Department of Defence Canberra ACT 2600 Australia Project Officer Program Manager Navstar GPS Joint Program Office Department of Defence Air Force Office Russell Offices Canberra ACT 2600 Australia For the United States Authority Department of Defense Office of the Assistant Secretary (C3I) The Pentagon Washington, DC 20301 Project Officer GPS Program Manager Space Systems Division PO Box 92960 Los Angeles AFB, CA 90009-2960 4. General Provisions of Release a. To the extent that each Participant has the right to do so without incurring liability to others, consistent with the scope of this Agreement and subject to the approval of the originating Participant, information on the GPS Project shall be provided on an equal basis between the Participants. Technology, know-how, technical data, and similar valuable information outside the scope of this Agreement shall be considered for release on a case-by-case reimburseable basis pursuant to FMS or direct commercial arrangements. The Participants shall use their best efforts to furnish information that is accurate, adequate for the intended purpose, current and complete; however, the originator shall not be required to guarantee the adequacy, accuracy, currency or completeness of information furnished. b. The Participants understand that all information authorized for disclosure and exchange under the provisions of the GPS Project is accepted subject to the following provisions. Reference to these provisions shall be permanently affixed thereto in a conspicuous place or manner. (1) Except for signals in space and physical interface data, this information is provided for information and evaluation purposes only for the military forces of a Participant working within the GPS project. (2) This information shall be afforded substantially the same degree of security protection as that given to it by the originating Participant. The provisions in the JPO Security Classification Guide document shall apply. (3) This information shall not be revealed or transferred and knowledge of its possession shall not be revealed to third parties except with the prior approval of the originating Participant. (4) This information shall not be used or disclosed in any manner that shall prejudice the rights of the originating Participant including the right to obtain patent or other like protection. (5) Information that is subject to limited rights of use or disclosure shall not be released to non-government parties without the prior written consent of the originating Participant. (6) Information provided pursuant to this Agreement shall not be used for purposes other than those specified herein without the prior approval of the other Participant. For the purposes of this Agreement, contractors of one of the Participants under contract for GPS to the other Participant's Department of Defense shall be considered to be performing work "for the military forces of a Participant" for the purposes of sub-paragraph (1) above, and shall not be considered to be either a "third party" or a "non-government party" for the purposes of sub-paragraphs (3) and (5) above. c. A Participant originating information may release it without condition if it so desires and is permitted by its own laws and regulations. Information so released without conditions shall carry no reference to this project. d. The sending Participant shall identify any information exchanged under the provisions of this project that it subject to limited rights of use or disclosure. e. Information provided by either Participant to the other in confidence or information produced pursuant to this Agreement that requires confidentiality, shall either retain its original classification or be assigned a classification that shall ensure a degree of protection against disclosure equivalent to that required by the originating Participant. To assist in providing the desired protection, each Participant shall mark such information furnished to the other in confidence with a legend indicating the country of origin, the security classification, the condition of release, that the information relates to this Agreement, and that it is furnished in confidence. Each Participant shall take all lawful steps available to it to keep free from disclosure under any legislative provision without the consent of the originator, information exchanged in confidence under this Agreement. f. ADOD Members of the US JPO shall not disclose source selection sensitive information outside the US Joint Program Office without the explicit approval of the GPS Joint Program Manager. 5. Transmission of Information a. Procedures for the transmission of information and documents approved for release to the Participants by national authorities shall be established by the US DoD and ADOD in conjunction with the JPO. Cryptographic data and information shall be handled through government-to-government COMSEC channels. b. All recorded classified information and correspondence shall be forwarded by each national project officer to the project officer of the other Participant through the official government channels described in Article V, paragraph 1. c. Oral and visual exchanges of classified information may be authorized between personnel with requisite security clearances provided they have a need for access for the purposes of the program. d. A receipt shall be obtained for all recorded classified information. Receipts shall be retained by the releasing project officer for the duration of the program. 6. Release of Proprietary Technical Information for Information Only a. Proprietary technical information which is known or believed to be privately owned or developed may be released "for information only" if any one of the following conditions is met: (1) the owner expressly consents to the proposed release; (2) the releasing or sending Participant, by contract or otherwise has acquired the information under the circumstances which permit the proposed release; or (3) appropriate officials of the releasing or sending Participant determine that under their laws, regulations and policies they may permit release of the information without consent of the owner. b. When proprietary technical information which is known or believed to be privately owned is released for information only under this paragraph, it shall be subject to the receiving Participant accepting the general conditions and the following additional conditions, a copy of which shall be permanently affixed thereto in a conspicuous place or manner. (1) This information is accepted upon the understanding that it might be privately owned or developed. (2) This information is accepted solely for the purpose of information and shall accordingly be treated as disclosed in confidence. The receiving Participant shall use its best endeavours to insure that the information is not dealt with in any manner likely to prejudice the rights of the private owner thereof, including the right to obtain patent or other like statutory protection therefor. 7. Release of Privately Owned Information for Use a. If, subject to Article V, paragraph 4(b)(5), the information is submitted to non-government recipients, such recipients shall receive the information on the conditions determined by the originating Participant. The consent of the originating Participant shall be obtained prior to the release of such information. b. The receiving Participant shall obtain the consent of the originating Participant if it desires that this information be made available for defence uses. Article VI Test and evaluation 1. The Participants intend to conduct test programs to enable research and development testing to be completed in the Southern Hemisphere. 2. The Participants shall conduct a testing program which will begin as soon as this Agreement enters into force to assess the performance of the GPS User Equipment under a variety of operational scenarios. The data from these development tests will be used by the US DoD to support a full-rate production decision and by the ADOD to determine the various military applications for GPS. Since this test will be a cooperative effort, the following conditions apply: a. The US shall: (1) Provide the user equipment and associated articles on a lease basis under the provisions of Section 61 of the US Arms Export Control Act. (2) Ensure that all equipment provided is in good working condition. (3) Approve the proposed test plan. b. Australia shall: (1) Be responsible for shipment of all equipment to Australia and return of said equipment. (2) Return all equipment in good working condition. (3) Operate and maintain all equipment during testing. (4) Conduct testing in accordance with a test plan which is to be submitted to the GPS Project Office for concurrence. (5) Provide copies of all test results to the US. (6) Bear all risk for damage and/or loss of the equipment until their return to the US. Article VII Visit and access 1. Visits of personnel of one Participant to establishments of the other shall be made only by the personnel representing the authorities and establishments listed in Article V. Lists of personnel representing each authority and establishments participating in the program, to include security assurances, shall be submitted for approval to the visit control office of the Participant to be visited. After approval has been received from the visit control office of the Participant to be visited, visits may take place through direct coordination between project officers. Visits by individuals that are not so listed shall be processed in compliance with established visit request procedures. Lists of visitors and changes thereto and individual visit requests shall be submitted through the channels described in Article V, paragraph 1. 2. All visiting representatives shall be required to comply with the security regulations of the host Participant and any trade secrets or proprietary technical data including software disclosed in confidence to visitors shall be subject to the provisions of the Agreement. 3. Any information such as trade secret, or proprietary information, data or software disclosed informally in confidence to visitors while at an establishment shall be treated as if supplied formally by the host Participant. 4. All visit requests shall be made through the Project Officer of the requesting Participant and shall be addressed to the Project Officer of the country to be visited for approval. The request shall contain certification of security clearances of the individuals involved. They shall also include a statement of confirmation that such personnel are actively engaged in work on and have a direct relationship with the subject covered by this project. Article VIII Finance 1. Fiscal Responsibilities a. Assignment of Staff. Each Participant shall be responsible for fares, salaries, allowances and other entitlements and for travel expenses associated with the assignment of its officers to work in the other country. The host Participant shall be responsible for operational and incidental expenses during the course of the assignment. b. Foreign Military Sales. All equipment and data provided under FMS LOAs shall be priced in accordance with FMS procedures. The ADOD shall be responsible for all costs specified in the LOAs. c. Nonrecurring Recoupment Charges. The current pro rata charge for Navstar GPS PPS user equipment is $US1,000. The applicable charges shall apply to Australian acquisitions under this Agreement and shall be collected through the established US DoD procedures in effect at the time of the ADOD purchase. d. The ADOD shall be responsible for costs associated with equipment provided on a lease basis under the provisions of Section 61 of the US Arms Export Control Act. 2. Appropriation of Funds. Implementation of the Agreement is subject to the availability of appropriated funds. Article IX Security 1. All classified information shall be protected in compliance with the US-Australia General Security of Information Agreement of 2 May 1962, as amended, and the Industrial Security Annex of 15 August 1966, as amended. 2. A separate COMSEC Arrangement establishing detailed procedures and key handling practices must be finalized prior to the US releasing any COMSEC materials. Article X Amendment, duration and termination 1. This Agreement may be amended in writing by the consent of the Participants. 2. This Agreement may be terminated at any time by consent of the Participants. Alternatively, a Participant may terminate this Agreement by giving written notice of its intent to do so to the other Participant. In such case, the effective date of termination shall be 180 days after the date of notice of termination, or the end of the then current US fiscal year, whichever is later. Termination of FMS cases shall be in accordance with their terms and conditions. 3. The rights and obligations of the Participants regarding security and the provisions relating to the disclosure of information, equipment, or technical data to others, safeguarding and use of information, equipment, and technical data under this Agreement shall continue to apply to the Participants after termination or expiration of the Agreement. Rights in the use of information accruing to a Participant wishing to terminate this Agreement shall continue to be vested in that Participant after termination of the Agreement. 4. Any dispute regarding the interpretation or application of this Agreement shall be resolved by consultation between the Participants and shall not be referred to any international tribunal or to any third party for settlement. 5. This Agreement shall enter into force on the date of later signature and will remain in force for 20 years.[2] IN WITNESS WHEREOF the undersigned, duly authorized thereto by their respective governments, have signed this Agreement. DONE in duplicate at Washington, on the seventh day of February, 1991. FOR THE GOVERNMENT OF FOR THE GOVERNMENT OF THE AUSTRALIA: UNITED STATES OF AMERICA: [Signed:] [Signed:] MICHAEL COOK DUANE P ANDREWS [1] NAVSTAR = Navigation Satellite Timing and Ranging. [2] The Agreement entered into force 7 February 1991.