19 August 1998

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Date: 19 Aug 1998 10:16:47 -0000
From: Julian Assange <proff@iq.org>
To: aucrypto@suburbia.net
Subject: AUCRYPTO: Australian Treaty 1992 No 38 [Exchange of Electronic Warfare Officers]


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                     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.
