19 August 1998 -------------------------------------------------------------------------- Date: 19 Aug 1998 10:16:47 -0000 From: Julian Assange To: aucrypto@suburbia.net Subject: AUCRYPTO: Australian Treaty 1992 No 38 [Exchange of Electronic Warfare Officers] -------------------------------------------------------------------------- Australian Treaty Series 1992 No 38 DEPARTMENT OF FOREIGN AFFAIRS AND TRADE CANBERRA Agreement between the Government of Australia and the Government of the United States of America concerning the Exchange of Electronic Warfare Officers between the Department of Defence of Australia and the Department of Defense of the United States of America (Washington, 26 August 1992) Entry into force: 26 August 1992 AUSTRALIAN TREATY SERIES 1992 No. 38 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 THE EXCHANGE OF ELECTRONIC WARFARE OFFICERS BETWEEN THE DEPARTMENT OF DEFENCE OF AUSTRALIA AND THE DEPARTMENT OF DEFENSE OF THE UNITED STATES OF AMERICA PREAMBLE THE GOVERNMENT OF AUSTRALIA AND THE GOVERNMENT OF THE UNITED STATES OF AMERICA (hereinafter referred to as "the Parties"), RECALLING the Agreement concerning the Status of United States Forces in Australia, which was concluded between the Parties on ninth day of May, 1963 (the Status of Forces Agreement);[1] RECOGNIZING the mutual benefits, in the areas of experience, professional knowledge and doctrine to be obtained from the exchange of officers involved in the field of electronic warfare (EW); and DESIRING to establish arrangements to govern the exchange of EW officers between the Department of Defence of Australia (AUS DOD) and the Department of Defense of the United States of America (US DOD); HAVE AGREED as follows: Article 1 Definitions For the purposes of this Agreement: (a) "dependant" means a person who is the spouse of or is cohabiting with, or other relative who depends for support on, an EW exchange officer; (b) "EW Exchange Officer" means an officer assigned by the AUS DOD to the US DOD or an officer assigned by the US DOD to the AUS DOD pursuant to this Agreement; (c) "EW Exchange Program" means the program relating to the exchange of EW officers between the AUS DOD and the US DOD established pursuant to this Agreement; (d) "Host Force" means the Defence Department of a Party to which an EW officer is assigned pursuant to this Agreement; (e) "Host Government" means the Government of the Host Force; (f) "Parent Force" means the Force which assigns an EW exchange officer to the other Force pursuant to this Agreement; and (g) "Parent Government" means the Government of the Parent Force. Article 2 Scope 2.1 This Agreement sets forth the terms, conditions and procedures for the implementation and operation of the EW Exchange Program by which the experience, professional knowledge and doctrine of both the AUS DOD and the US DOD shall be shared for maximum mutual benefit to the extent permissible under existing policies, laws and regulations of the Government of Australia and the Government of the United States of America. 2.2 In order to implement the EW Exchange Program, the AUS DOD and the US DOD shall provide on-site working assignments to EW Exchange Officers in the field of EW. Work assignments shall provide EW exchange officers with appropriate knowledge of the organization and mission of Host Force activities related to EW. The EW Exchange Program shall not include technical training and shall not be used as a mechanism for obtaining technical data related to the design, development and manufacture of military systems, or as a mechanism for developing technical information or inventions. 2.3 Exchanges of EW Exchange Officers under the EW Exchange Program shall be on a one-for-one reciprocal basis as mutually determined by the Parties. Article 3 Executive Agents The EW Exchange Program shall be administered by Executive Agents. The Executive Agent for the AUS DOD is the Director General, Joint Communications and Electronics, Headquarters Australian Defence Force, Canberra. The Executive Agent for the US DOD is the Joint Staff, J-3. Article 4 Administration of EW Exchange Program 4.1 The EW Exchange Program shall be administered in compliance with Annex A to this Agreement. 4.2 Participation in the EW Exchange Program is restricted to military officers of the AUS DOD and US DOD. 4.3 The placement of each candidate nominated under the EW Exchange Program is conditioned upon the ability of the Host Force to provide work assignments commensurate with the purpose and scope of the EW Exchange Program for a period to be mutually determined by the AUS DOD and US DOD. 4.4 Candidates should be commissioned officers with operational experience in tactical EW. 4.5 To assist in the evaluation and selection of candidates, the Parent Force shall provide background resumes, areas of interests and assignment objectives for each candidate following the format of Enclosure 1 of Annex A. It shall be the responsibility of the Host Force's Executive Agent to provide a position description for available positions to the Executive Agent of the Parent Force. The position description shall follow the outline at Enclosure 2 of Annex A. Final selection of candidates and their assignment to a position nominated by the Host Force, shall be by mutual consent between the AUS DOD and the US DOD. 4.6 EW Exchange Officers shall perform functions only as described in the position description of the position to which they are assigned. They will not act in a liaison capacity or otherwise act as a formal representative of the Parent Force or Parent Government while assigned to an exchange position, nor shall they act as representatives of the Host Force or the facility to which they are assigned. 4.7 In no case will EW Exchange Officers be assigned to a position which would require exercise of command over personnel of the Host Force. 4.8 Unless the Parent Force gives specific approval, EW Exchange Officers shall not participate in: (a) combat operations; (b) law enforcement operations including operations for the restoration or maintenance of law and order. (c) operations for the maintenance of supplies or services during an industrial dispute. (d) travel, as part of the duties being performed by EW Exchange Officers, to a State other than Australia or the United States of America. If the duties of the position to which an EW Exchange Officer is assigned will include participating in any of the above, the Executive Agent of the Host Force shall seek approval from the Executive Agent of the Parent Force for the EW Exchange Officer to participate in such activities. 4.9 EW Exchange Officers shall not be placed on duty or in a position in areas of policy sensitivity where their presence would jeopardize the interests of their Parent Force or Parent Government. Article 5 Costs and financial responsibilities 5.1 Costs incurred as a result of the participation of an EW Exchange Officer under this Agreement shall be borne by the Parent Force, to the extent authorized by the governing laws and regulations of the Parent Force. Except as provided in Articles 5.2, 6.1 and 8.1, the Host Force shall not be responsible under this Agreement for any of the expenses or costs of EW Exchange Officers. 5.2 Travel and per diem costs associated with travel performed by an EW Exchange Officer in connection with temporary duty assignments in the EW Exchange Program shall be paid by the Force requesting or directing such temporary duty. Article 6 Health care 6.1 To the extent authorized by its governing laws and regulations, the Host Force shall arrange for the provision of health care for EW Exchange Officers and their dependants. The provision of such care may be subject to reimbursement from the Parent Force, as is mutually determined between the AUS DOD and the US DOD. 6.2 The Parent Force shall ensure that EW Exchange Officers and their accompanying dependants are physically fit before they proceed to the country of the Host Force. Article 7 Security 7.1 Each EW Exchange Officer must possess a final Top Secret clearance and be eligible for access to Sensitive Compartmented Information (SCI). Access to classified information shall be kept to the minimum required to accomplish the work assignment as determined by the Host Force based on the position description. 7.2 The AUS DOD and the US DOD shall cause to be filed, through the Australian Embassy in Washington DC, in the case of the AUS DOD, and through the US Embassy in Canberra, in the case of US DOD, the appropriate security clearances for each selected candidate. The security clearances will be prepared and forwarded through prescribed channels in compliance with established Host Force visit procedures. 7.3 The EW Exchange Officers shall be required at all times to comply with the governing security laws, regulations and procedures of the Host Force. Any violation of security procedures by EW Exchange Officers during their assignments shall be reported to the Parent Force for appropriate action. 7.4 All classified items, plans, specifications, other documents and information to which personnel participating in this Exchange Program may have access shall be subject to all provisions and safeguards provided for under the General Security of Information Agreement between the Government of Australia and the Government of the United States of America, dated 2 May 1962 and amended on 22 July 1981. 7.5 The AUS DOD and US DOD shall ensure that EW Exchange Officers are fully cognizant of applicable security laws and regulations concerning the protection of proprietary information, classified information and other information to be disclosed under this program and shall take whatever measures are necessary to ensure that EW Exchange Officers observe these laws and regulations both during and after termination of an assignment. To ensure the protection of proprietary, classified and other information disclosed under this program, both during and after termination of an assignment, the EW Exchange Officers shall be advised of applicable security regulations and statutes by the Host Force and shall be required to sign the acknowledgement at Annex B. 7.6 Unclassified information provided by either the AUS DOD or the US DOD to the other in confidence during the course of exchange activities under this program, including information produced by EW Exchange Officers pursuant to this program requiring confidentiality, shall be safeguarded in a manner that ensures a degree of protection against disclosure equivalent to that required by the Force providing the information. Article 8 Technical and administrative matters and claims 8.1 To the extent authorized by its applicable laws and regulations, the Host Force shall provide to EW Exchange Officers of the other Party such administrative support as is deemed necessary for the efficient performance of their assigned tasks. 8.2 To the extent authorized by its applicable laws and regulations, EW Exchange Officers assigned under this program shall be subject to the same restrictions, conditions and privileges as Host Force personnel of comparable rank in the area of assignment. Further, to the extent authorized by the governing laws and regulations of the Host Force and subject to the provisions of the Status of Forces Agreement, EW Exchange Officers and their dependants shall be accorded on a reciprocal basis: (a) Exemption from any tax by the Host Force's country upon income received from the Parent Force. (b) Exemption from any customs and import duties including sales tax or similar charges levied on articles entering the Host Force's country for their official or personal use, including their baggage, household effects and private motor vehicles. The foregoing does not in anyway limit privileges authorized by the governing laws and regulations of the Host Force and approved by the Host Force. 8.3 EW Exchange Officers and their dependants shall be briefed by Host Force personnel regarding their specific entitlements, privileges and obligations prior to or immediately following their arrival in the Host Force's country. The briefing will include the subjects described at Enclosure 3 to Annex A. 8.4 As a general rule, except for religious holidays, EW Exchange Officers shall observe holidays of the Host Force's country rather than their own national holidays. Exceptions to this rule may be made by the Host Force facility to which the EW Exchange Officers are assigned. 8.5 EW Exchange Officers may be granted leave in accordance with the regulations of their Parent Force provided such leave is also approved by the proper authorities of the Host Force. 8.6 All EW Exchange Officers shall work under the guidance and control of a Host Force supervisor who shall submit an evaluation report as required by the Parent Force's personnel administration. 8.7 US DOD Exchange Officers assigned to the AUS DOD shall be under the administrative supervision of the Defence Attache, Embassy of the United States, Canberra; AUS DOD Exchange Officers assigned to the US DOD shall be under the administrative supervision of the Defence Attache, Embassy of Australia, Washington DC. 8.8 Host Force supervisors shall ensure that there is close personal supervision of EW Exchange Officers in order to monitor performance and to provide a sound basis for counselling and reporting. 8.9 Claims arising from the operation of this Agreement shall be governed by any bilateral agreements between the Parties concerning the status of their Forces in the country of the Host Force. Claims to which the provisions of any such bilateral agreements do not apply shall be dealt with as follows: The Parties waive all their claims, other than contractual claims, against each other, and against the military members and civilian employees of each other's Department of Defence, for damage, loss or destruction of property owned or used by its respective Department of Defence, if such damage, loss or destruction: (1) was caused by a military member or a 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 its Department of Defence, 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. 8.10 The Parties waive all their claims against each other and against the military members and civilian employees of each other's Department of Defence for injury or death suffered by any military member or civilian employee of their Department of Defence while such member or employee was engaged in the performance of official duties. 8.11 Nothing herein shall be construed as waiving the claims or suits of individual military members or civilian employees of the respective Departments of Defence, other civilian employees, or third parties that might exist under applicable law. 8.12 Claims, other than contractual claims, not covered by Articles 8.9 and 8.10, shall be dealt with by each Party in accordance with its national law. Each Party shall pay just and reasonable compensation in settlement of meritorious claims for damage, loss, destruction, personal injury or death caused by acts or omissions of the military members or civilian employees of its Department of Defence or caused by acts or omissions of others of its civilian employees, when acting in the performance of official duties. 8.13 The normal tour of duty for EW Exchange Officers under this Agreement, exclusive of travel time between countries, will be for a period of two years. Exceptions and/or adjustments of an officer's tour shall be mutually agreed by the AUS DOD and the US DOD in writing. Article 9 Status of EW Exchange Officers 9.1 The status of an EW Exchange Officer while in the country of the Host Force pursuant to this Agreement shall be governed by any bilateral agreements between the Parties concerning the status of their forces in the country of the Host Force. Criminal and disciplinary jurisdiction shall be exercised in accordance with any such bilateral agreements between the Parties. 9.2 If an act or omission of an EW Exchange Officer may amount to an offence under the laws of Australia or the United States of America or under the laws and regulations of the AUS DOD or US DOD, or would make continued duties by the EW Exchange Officer untenable, the EW Exchange Officer shall be withdrawn from the EW Exchange Program at the request of either the AUS DOD or the US DOD. Article 10 Settlement of disputes Any disagreement regarding the interpretation, application or implementation of this Agreement shall be resolved by consultation between the AUS DOD and the US DOD and shall not be referred to an international tribunal or third party for settlement. Article 11 Availability of funds The assignment of EW Exchange Officers under this Agreement shall be subject to availability of appropriated funds. Article 12 Duration, termination and entry into force 12.1 This Agreement, which consists of Articles 1 through 12 and Annexes A and B, shall enter into force upon signature.[2] 12.2 This Agreement shall remain in force for a period of five years, provided that either Party may terminate the Agreement upon six months written notice to the other of its intention to terminate. It may be amended or extended by mutual written consent of the Parties. 12.3 In the event of termination or expiration of this Agreement, the commitments regarding security and the protection of technical and other information against unauthorized use, disclosure, or transfer that accrued prior to termination or expiration shall continue to apply. IN WITNESS WHEREOF, the undersigned being duly authorized officials of their respective Governments have signed this Agreement. DONE at Washington, this 26th day of August, 1992. FOR THE GOVERNMENT OF FOR THE GOVERNMENT OF AUSTRALIA: THE UNITED STATES OF AMERICA: [Signed:] [Signed:] A M CARWARDINE G O'SHAUGHNESSY ------------------------------------------------------------------------ ANNEX A PROCEDURES FOR ADMINISTERING THE EXCHANGE OF ELECTRONIC WARFARE OFFICERS A.1. This Annex to the Agreement between the Government of Australia and the Government of the United States of America regarding the Exchange of EW officers provides the procedures for nominating and assigning EW Exchange Officers from the Defence Force of one Party to the Defence Force of the other Party. A.2. Exchange of EW Exchange Officers between the AUS DOD and the US DOD will be administered by designated Executive Agents in accordance with Article 3 of the Agreement. The Executive Agents shall be the single points of contact between the AUS DOD and the US DOD for the administration of the EW Exchange Program. A.3. For purposes of this Annex, "Defence Components" include any element or constituent part of the respective Defence Forces or any affiliated Defence Agency. A.4. Each Executive Agent shall obtain from its respective Defence Components and submit to the other Party's Executive Agent applications of individuals for consideration as EW Exchange Officers. The personnel application shall include a resume in the format of Enclosure 1 to this Annex. A.5. Candidate applications shall be submitted by the Parent Force to its Embassy for forwarding to the Executive Agent of the Host Force. Unless otherwise mutually determined by the AUS DOD and US DOD the submission of the applications shall occur at least twelve months prior to the desired assignment start date. A.6. The Host Force's Executive Agent shall distribute the candidate's resume it receives to its Defence Components for review and placement selection. A.7. After review and coordination of the resumes and consideration of potential assignments, the Host Force Executive Agent shall submit to the Parent Force through prescribed channels the proposed position description for any available assignment in the format of Enclosure 2 at least six months prior to the expected assignment start date or such period as is otherwise mutually determined between the AUS DOD and the US DOD. A.8. Upon acceptance of a proposed assignment, the Parent Force's Executive Agent shall submit appropriate documentation, to include security assurances, through its Embassy channels to the Host Force at least 90 days in advance of the proposed date of assignment, or such other period as is mutually determined between the AUS DOD and the US DOD. A.9. Upon receipt of the information specified in A.8 above, the Host Force's Executive Agent shall notify the Host Force's Defence Component of the EW Exchange Officer's arrival date. The Host Force Defence Component shall, in turn, notify the designated Host Force supervisor of the EW Exchange Officer and encourage personal contact between them prior to arrival. A sponsor, usually the Host Force supervisor, will be assigned to meet the EW Exchange Officer on arrival and help make the necessary living arrangements for the EW Exchange Officer and dependants. A.10. The Executive Agent of the Host Force shall arrange for an in-briefing for all EW Exchange Officers, normally to be held at the Host Forces Embassy. The briefing shall, as a minimum, include the items contained in Enclosure 3. The Host Force's Executive Agent and security manager of the Host Force Defence Component will provide the overall welcome to the program and emphasise security system requirements. The Host Force sponsor or supervisor shall familiarize EW Exchange Officers with the Host Force organization's mission, as well as specific assignment location and duties. A.11. The Host Force's Executive Agent will arrange for a proper end-of-assignment out-briefing for departing EW Exchange Officers. The Host Force's Executive Agent will ensure that a security debrief is provided and that EW Exchange Officers are allowed a final opportunity to comment on their experience with the EW Exchange Program. ------------------------------------------------------------------------ ENCLOSURE 1 PROFESSIONAL BACKGROUND AND AREA OF INTEREST 1. Personal Data: Name: Rank or Title: Military: Passport No: Marital Status: (if children, how many, ages and sex) Address: Office: Telephone: Home: Telephone: 2. Civilian Education: Name of College/University: Degree received/Subject: 3. Military Education: 4. Military Assignments: 5. Name of Present Organization: 6. Areas of Interest: 7. Assignment Objectives: ------------------------------------------------------------------------ ENCLOSURE 2 POSITION DESCRIPTION 1. Title of Position: 2. Position Location: 3. Qualifications/Skills Required for Position: 4. Description of Specific Duties: 5. General categories of information to which access will be required: 6. Supervisor: Name Title/Grade Address ------------------------------------------------------------------------ ENCLOSURE 3 SUGGESTED TOPICS TO BE COVERED BY EMBASSY DURING IN-BRIEF OF EXCHANGE OFFICERS l. Peculiarities of status during stay in host country. 2. Import and registration of private vehicle. 3. Driver's license and automobile insurance. 4. Treatment by customs in bringing in goods for personal use (e.g. suitcases, household goods, etc). 5. Taxes. 6. Employee inventions. 7. Opening a private bank account. 8. Necessary correspondence relative to personal affairs. 9. Passports and visas. 10. Holidays, annual leave, sick and emergency leave and home vacation privileges. 11. Authorizations for business travel (TDY). 12. Procedures to book flights for TDY. 13. Visit requests (to visit installations other than place assigned). 14. Returning to home country. 15. Housing rental allowance. 16. School assistance. 17. End of assignment and periodic written reports. 18. Suggested books and literature about the host country for background information. 19. Provide list of important organizations, persons, addresses, telephone numbers (e.g. Embassy, Armed Forces Administration Office, etc.). 20. Medical care entitlement. 21. Security procedures and contacts. ------------------------------------------------------------------------ ANNEX B ACKNOWLEDGEMENT REGARDING CONDITIONS AND RESPONSIBILITIES OF ASSIGNMENT I understand and acknowledge that I have been accepted for assignment to (name and location of organization to which assigned) pursuant to the Agreement between the Government of Australia and the Government of the United States of America concerning the Exchange of Electronic Warfare officers. In connection with this assignment, I further understand, and acknowledge, that I will comply with the following conditions and responsibilities: 1. The purpose of the assignment is to gain knowledge of the organization and management of Host Force activities related to EW. There will be no access to technical data or other information except for that which is required to perform the duties of the position to which I am assigned. 2. I shall perform only functions as described in the Position Description for my work assignment, and will not act in any other capacity on behalf of my Parent Force or Parent Government, Host Force or Host Government. 3. Access to information will be limited to that information determined by my designated Host Force supervisor to be necessary to fulfill the functions described in the Position Description for my work assignment. 4. All information to which I may have access in the course of this assignment shall be treated as information provided to the Parent Force in confidence and will not be further released or disclosed by me to any other person, firm, organization or Government without the prior written authorization of the Host Force. 5. I have been briefed on, understand, and will comply with all applicable security regulations of the Host Party and Host Government. (Signature) (Typed Name) (Grade/Title) (Date) [1] ATS 1963 No. 10; UNTS 469 p. 55; TIAS 5349. [2] The Agreement entered into force 26 August 1992.