19 August 1998

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Date: 19 Aug 1998 09:48:19 -0000
From: Julian Assange <proff@iq.org>
To: aucrypto@suburbia.net
Subject: AUCRYPTO: Australian Treaty 1991 No 11 [GPS]


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                     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

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   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.
