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MEMORANDUM OF UNDERSTANDING AMONG THE MINISTRY OF DEFENCE OF THE REPUBLIC OF LATVIA, The Ministry of Defence of the Republic of Estonia, The Federal Ministry of Defence of the Federal Republic of Germany,The Ministry of Defence of the Italian Republic,The Ministry of National Defence of the Republic of Lithuania,The Minister of National Defence of the Republic of Poland andThe Ministry of Defence of the United Kingdom of Great Britain and Northern IrelandCONCERNINGTHE ESTABLISHMENT, ADMINISTRATION AND OPERATION OFTHE NATO STRATEGIC COMMUNICATIONS CENTRE OF EXCELLENCE

TABLE OF CONTENTS

Introduction

Section 1: Definitions

Section 2: Purpose

Section 3: Role and Responsibilities

Section 4: Organisation and Relationships

Section 5: Programme of Work

Section 6: Personnel

Section 7: Framework Nation Support

Section 8: Participants' Additional Responsibilities

Section 9: Cost Share

Section 10: Financial Provisions

Section 11: Financial Considerations

Section 12: Claims

Section 13: Security

Section 14: Legal Considerations

Section 15: Addition of New Participants

Section 16: Withdrawal of Participants

Section 17: Settlement of Disputes

Section 18: Amendment and Record of Change

Section 19: Termination

Section 20: Entry into Effect

Section 21: Final Considerations

Annexes:

Annex A: Participation Table

Annex B: Terms of Reference of the NATO StratCom COE's Steering Committee

Annex C: The NATO StratCom COE's Director Terms of Reference

Annex D: Shared Costs

Annex E: Framework Nation Support

Annex F: Sample Note of Joining

Annex G: Record of Change

INTRODUCTION

The Ministry of Defence of the Republic of Latvia, Framework Nation, the Ministry of Defence of the Republic of Estonia, the Federal Ministry of Defence of the Federal Republic of Germany, the Ministry of Defence of the Italian Republic, the Ministry of National Defence of the Republic of Lithuania, the Minister of National Defence of the Republic of Poland and the Ministry of Defence of the United Kingdom of Great Britain and Northern Ireland,

hereinafter referred to as the "Participants" -

DESIRING to further enhance their co-operation in the framework of the North Atlantic Treaty, signed on 4 April 1949;

CONSIDERING that in accordance with MC 324/3 (Final), "The NATO Military Command Structure (NCS)", dated 16 February 2010, and MCM-236-03 "MC Concept for Centres of Excellence", dated 4 December 2003, the North Atlantic Treaty Organization (NATO) Command Arrangements (NCA) are to be supported by a network of Centres of Excellence (COE) which provide opportunities to enhance education and training, to improve interoperability and capabilities, to assist in doctrine development and to test and validate concepts through experimentation;

CONSIDERING that the Supreme Allied Commander Transformation (SACT), in accordance with MC 58/3 "Terms of Reference for the Supreme Allied Commander Transformation", dated 17 May 2004, has the overall responsibility for the co-ordination and employment of COE within NATO;

NOTING the letter by the Chief of Defence of the Republic of Latvia to SACT, dated 20 February 2013, offering the initiative to create a NATO Strategic Communications Centre of Excellence (the NATO StratCom COE);

NOTING further the response letter by SACT, dated 26 April 2013, by which SACT acknowledges the offer to establish a NATO StratCom COE and its Concept to provide a vital contribution in strengthening NATO's capability in the field of strategic communications;

NOTING the Concept for the NATO StratCom COE, which provides for a value-added contribution to the transformation efforts of NATO in the field of strategic communications;

RECOGNISING their intent to enter into the Memorandum of Understanding (MOU) concerning the Functional Relationship regarding the NATO StratCom COE with Headquarters Supreme Allied Commander Transformation (HQ SACT) (referred to as "NATO StratCom COE Functional MOU");

CONSIDERING that, as detailed in MCM-236-03, COE should provide tangible improvement to NATO capabilities and therefore be relevant to NATO's transformational efforts;

HAVING REGARD to the provisions of the Agreement between the Parties to the North Atlantic Treaty regarding the Status of their Forces (NATO SOFA), dated 19 June 1951, the Protocol on the Status of International Military Headquarters set up pursuant to the North Atlantic Treaty (Paris Protocol), dated 28 August 1952, the Agreement among the States Parties to the North Atlantic Treaty and the Other States Participating in the Partnership for Peace regarding the Status of their Forces (PfP SOFA), dated 19 June 1995, the Additional Protocol to the Agreement among the States Parties to the North Atlantic Treaty and the Other States Participating in the Partnership for Peace regarding the Status of their Forces (Additional Protocol to the PfP SOFA), dated 19 June 1995, and including the Further Additional Protocol to the Agreement among the States Parties to the North Atlantic Treaty and the Other States participating in the Partnership for Peace regarding the Status of their Forces (Further Additional Protocol to the PfP SOFA), dated 19 December 1997;

NOTING that not all Participants are Parties to the Additional Protocol and the Further Additional Protocol to the PfP SOFA;

CONSIDERING with MCM-236-03, that, upon approval by the Military Committee (MC) and endorsement by the North Atlantic Council (NAC) a COE has to be NATO accredited;

CONSIDERING further, with MCM-236-03, that, upon accreditation, the NAC can grant a COE the status of a NATO Organisation under Paris Protocol;

NOTING that the Republic of Latvia as the Framework Nation, acting on behalf of the other Participants and in coordination with HQ SACT, will submit a request to the NAC for the activation of the NATO StratCom COE as a NATO Military Body, in compliance with CM(69)22, and thus for it to be granted international status under Paris Protocol, article 14

and

DESIRING to establish the NATO StratCom COE for the facilitation and transformation in the field of strategic communications within overall NATO transformation efforts - have reached the following understanding:

SECTION 1

DEFINITIONS

1.1. Unless another meaning is specified within this MOU and its follow-on documents, the "NATO Glossary of Terms and Definitions" (AAP-6) and the "NATO Glossary of abbreviations used in NATO documents and publications" (AAP-15) will apply.

1.2. The following definitions apply for the purpose of this MOU and its follow-on documents:

a. Allied Command Operations (ACO) - as outlined in MC 324/3 (Final), dated 30 January 2013, the Command composed of Supreme Headquarters Allied Powers Europe (SHAPE) and the other organisations subordinate to SACEUR.

b. Allied Command Transformation (ACT) - as outlined in MC 324/3 (Final), dated 30 January 2013, the Command composed of HQ SACT and the other organisations subordinate to SACT.

c. Background Information - information not generated in the implementation of this MOU.

d. Centre of Excellence (COE) - as defined in MCM-236-03, a NAC-accredited nationally or multi-nationally sponsored centre supporting NATO.

e. COE Network - the Network of all COE supporting the NCA coordinated by HQ SACT.

f. Director- the person directing the NATO StratCom COE.

g. Financial and administrative procedures (FAP) - the procedures, based on NATO Financial Regulations, used to regulate all financial transactions for the NATO StratCom COE.

h. Foreground Information - information generated in the implementation of this MOU.

i. Framework Nation (FN) - The Republic of Latvia represented by its Ministry of Defence as the Participant hosting the COE.

j. Headquarters, Supreme Allied Commander Transformation (HQ SACT) - as defined in MC 324/3 (Final), the Supreme Headquarters of SACT, which interacts with the NATO StratCom COE for NATO, and serves as the coordinator for the COE network and for the interaction with all NATO entities.

k. International military organisation (IMO) - as outlined in CM(69)22 and for the purpose of this MOU, a military organisation which is not a Headquarters, is composed of personnel from more than one NATO member country, has true international missions and is established pursuant to the North Atlantic Treaty by NATO member States.

l. Information - any information, regardless of form or type, including that of a scientific or technical nature, and also including photographs, interim and final reports, manuals, threat data, experimental data, test, designs, specifications, processes, techniques, inventions, drawings, software including source code, technical writings, sound recordings, pictorial representations, and other graphical presentations, whether in magnetic tape, computer memory or any other form and whether or not subject to copyrights, patents, or other legal protection.

m. NATO Military Committee (MC) - as outlined in the MC 57/4(Final), the senior military authority in NATO.

n. North Atlantic Council (NAC) - the Council established pursuant to Article 9 of the North Atlantic Treaty.

o. NATO Command Arrangements (NCA) - the arrangements and entities supporting the NCS, as defined in MC 324/3 (Final).

p. NATO Command Structure (NCS) - NATO's military organisation, as defined in MC 324/3 (Final).

q. NATO Military Body (NMB) - as outlined in CM(69)22, an international military Headquarters or organisation covered by the terms of Articles 1(b), 2(c) and 14 of the Paris Protocol.

r. NATO Strategic Communications Centre of Excellence (NATO StratCom COE) - the COE offered by the Participants as a NATO COE providing subject matter expertise in the field of strategic communications.

s. Partner - a Nation, organization, or entity which interacts with the NATO StratCom COE, and may be :

i. Contributing Partner (CP) - any Nation, organization or entity, in accordance with NAC agreed decisions and procedures, which is not a Participant and provides a contribution to NATO StratCom COE.

ii. Other Partner (OP) - any Nation, organization or entity using the services and / or products provided by the NATO StratCom COE, other than Participants or CP.

t. Programme of Work (POW) - the document setting out the NATO StratCom COE activities for the course of a calendar year and including the long-term perspective of the NATO StratCom COE activities.

u. Request for Support (RFS) - a request from NATO, a Nation or any other entity requesting support from the NATO StratCom COE.

v. Steering Committee (SC) - the committee set up by the Participants as the main body for guidance, oversight and decisions on all matters concerning the administration, policies and operation of the NATO StratCom COE.

w. Supreme Allied Commander Europe (SACEUR) - as defined in MC 324/3 (Final), the Commander of ACO.

x. Supreme Allied Commander Transformation (SACT) - as defined in MC 324/3 (Final), the Commander of ACT.

SECTION 2

PURPOSE

The purpose of this MOU is to establish in the Republic of Latvia the NATO StratCom COE as an IMO pursuant to the North Atlantic Treaty, and establish provisions for its operation, funding, manning, equipment, and infrastructure, as well as for its administrative and logistical support.

SECTION 3

ROLE AND RESPONSIBILITIES

3.1. The role of the NATO StratCom COE is to serve as a strategic communications subject matter expertise hub in order to support NATO and Nations transformation and operational efforts through support and enhancing the development of the Alliance's, Participants', and Partners' strategic communication capabilities.

3.2 The NATO StratCom COE mission, vision and core activity areas will be maintained in the NATO StratCom COE Concept external to this MOU.

3.3. The NATO StratCom COE will ensure the first priority of work to respond to requests made by HQ SACT on behalf of NATO entities. Within its capacity, the NATO StratCom COE will also support its Participants and Partners in their efforts to enhance capability in the field of strategic communications. However, the NATO StratCom COE support will remain subject to the approval and allocation of resources by the SC.

SECTION 4

ORGANISATION AND RELATIONSHIPS

4.1. Within the framework of this MOU, the SC is responsible for the direction, guidance and supervision of the NATO StratCom COE. It approves the POW and the operational budget, as well as supervises its execution. The terms of reference (TOR) of the SC are laid down in Annex B.

4.2. The SC consists of one voting representative from each Participant, who will be duly prepared and empowered by such Participant to take decisions on its behalf, within the framework of the SC's TOR. In order to avoid conflict of interests, a member of the NATO StratCom COE cannot be the representative of a Participant in the SC. The Chairman of SC is from the FN, but is neither identical with the representative of the FN as a Participant, nor with the Director. If invited by the SC, the Director attends the meeting of the SC. The Chairman and Director do not have a vote in the SC.

4.3. The decisions of the SC will be taken by consensus of the representatives. Consensus means that every SC member must vote yes, or abstain from a decision to be approved (with a minimum of one "yes" vote). Should there be a negative vote, the decision is not approved.

4.4. The internal structure of the NATO StratCom COE, manning and position allocations are part of the NATO StratCom COE Concept. As such, the SC may approve, changes to both the NATO StratCom COE manning and structure including position allocations. Any such changes will be recorded in the Concept.

4.5. The Director is responsible to the SC for the fulfilment of the mission, the tasks and the operation as well as administration of the NATO StratCom COE. The Director reports directly to the SC. The TOR of the Director are laid down in Annex C.

4.6. The NATO StratCom COE forms a part of the wider framework supporting the NCA. Although not a part of the NCS, the NATO StratCom COE will be a part of COE Network, as coordinated by HQ SACT.

4.7. The relationship between the NATO StratCom COE and HQ SACT will be established in the NATO StratCom COE Functional MOU, through which HQ SACT will be the coordinator for NATO bodies' RFS for the NATO StratCom COE.

4.8. In co-ordination with HQ SACT, the NATO StratCom COE will establish the necessary working relationships with NATO entities and the COE network and co-ordinate the execution of the POW. The NATO StratCom COE will further establish relationships with national and international entities.

4.9. The SC may recommend including Partners in NATO StratCom COE activities and encourage the conclusion of appropriate agreements or arrangements between the Participants and said Partners.

SECTION 5

PROGRAMME OF WORK

5.1. Taking into account the requests from within NATO, as coordinated by HQ SACT, those of the Participants, as well as suggestions made by Partners, and taking also the respective financial impact into account, the Director will, in accordance with Annex C, prepare and submit the draft of the POW to the SC for the following calendar year. Upon submission by the Director, the SC will consider all requests for services and products, including associated costs and income, and will then approve the POW for the NATO StratCom COE, in accordance with Annex B.

5.2. Additional out-of-cycle requests will be received by the Director, submitted for consideration to the SC and, if approved, handled in accordance with appropriate procedures.

SECTION 6

PERSONNEL

6.1. The Participants understand that at least one position will be allotted to each of them in the COE Participation Table (Annex A).

6.2. The Participants will fill their positions at the NATO StratCom COE in a timely manner by assigning suitable and qualified personnel in accordance with the Manning Table given in the concept in accordance with Section 4 paragraph 4 and the SC-approved job descriptions.

6.3. When a Participant only assigns one of its personnel to the NATO StratCom COE he or she must be posted to the location of the NATO StratCom COE.

6.4. The Participants may also assign additional residential or non-resident National Contributions to the NATO StratCom COE.

6.5. In order to ensure and sustain the required levels of expertise, FN will use the relevant existing NATO International Civilian pay scale for the personnel provided by the FN.

6.6. The Director will be the custodian of the job descriptions.

6.7. The management of the NATO StratCom COE personnel will follow NATO procedures using ACO Directive 45-001 and its supplement, as a guide, unless otherwise provided in this MOU or decided by the SC.

6.8. Should a Participant not to be able to fill an assigned position for more than 120 days, the Participant will inform the Director in writing as soon as possible. In coordination with the concerned Participant, the Director then may approach the other Participants to fill the position for an agreed period of time.

6.9. Civilian personnel may be used for filling any of the positions. For the purpose of the future application of the Paris Protocol, every NATO StratCom COE staff personnel will be on the employ of the armed forces or the Ministry of Defence or equivalent national entity of the Participants.

6.10. The personnel of the NATO StratCom COE will work under the supervision of the Director who, with the exception of national duties and discipline, will give directions to all NATO StratCom COE personnel. National duties for the NATO StratCom COE personnel are to be limited to a minimum in order not to affect the activities of the NATO StratCom COE. The Director will provide evaluation reports for COE personnel upon request of the Participants.

6.11. Full command of and disciplinary power over personnel posted to the NATO StratCom COE is retained by their respective national authorities. Each Participant will designate a representative of appropriate rank and authority, to the Director for all issues regarding the national responsibilities and discipline of their personnel assigned to the NATO StratCom COE.

6.12. The Director will be appointed by the FN, for a rotation period of four years. However, the Director will initially be posted for 2 rotation periods (8 years) in order to provide the initial continuity required for the NATO StratCom COE.

6.13. The regulations of the FN apply in the field of occupational safety and health, including the supervision of standard safety precautions.

6.14. The working language of the NATO StratCom COE is English.

SECTION 7

FRAMEWORK NATION SUPPORT

The FN will provide the support for the NATO StratCom COE, as outlined in Annex E. The FN will retain ownership of all facilities, lands and equipment made available by it to the NATO StratCom COE.

SECTION 8

PARTICIPANTS' ADDITIONAL RESPONSIBILITIES

8.1. Each Participant will be responsible and cover the costs for:

a. Providing personnel as determined in section 6 of this MOU and as detailed on the SC approved Job Descriptions and Manning Table.

b. Its cost share, as determined in section 9 of this MOU.

c. Salaries, allowances and national support requirements.

d. Per diem (lodging, meals and incidental costs) associated with the POW.

e. Travel costs (transportation and per diem) for initial appointment and departure, at the end of that personnel's term of office, from the NATO StratCom COE as well as all other costs related to the posting of each person to the NATO StratCom COE.

f. All costs associated with fulfilment of national duties during the posting to the NATO StratCom COE.

g. Equipment, services or personnel brought into the NATO StratCom COE by that Participant for national purposes in excess of that provided by the FN, as well as their operation and maintenance costs.

h. All costs for national training measures and education and training as specified in the job descriptions as prerequisites.

i. Individual requirements of that Participant, to include infrastructure, security and support personnel additional to its position assignments in Annex A.

j. Ensuring health care insurance for their personnel or other appropriate arrangement / coverage, in accordance with its applicable national laws.

k. The costs of body repatriation, in case of death of a member of its personnel occurring in the territory of the FN.

SECTION 9

COST SHARE

9.1. The Participants will share net-expenditures (expenditures minus revenues) necessary for the operation of the NATO StratCom COE. Costs eligible for sharing are outlined in Annex D.

9.2. Without prejudice to point 9.1., the FN will cover all costs for the establishment and operation of the NATO StratCom COE for fiscal year (FY) 2014.

9.3. The cost-sharing formula for the budget is based on agreed participation table in Annex A to this MOU which defines the number of positions assigned to a Participant in the StratCom COE. Each Participant's cost share is determined using the following formula:

Number of positions assigned to a Participant	= Participants cost share
Total number of assigned positions

9.4. Positions which are not counted in the determination of a Participant's cost share will be recorded separately in the NATO StratCom COE Manning Table, but not in the Participation table (Annex A).

9.5. Unfilled positions assigned to a Participant in Annex A, will not reduce this Participant's cost share.

9.6. In the case of a new Participant, the number of positions assigned to it will be determined by the Note of Joining (NOJ). The new Participant will be responsible for paying its annual contribution starting with the fiscal year following the NOJ coming into effect, unless otherwise stated in the NOJ.

SECTION 10

Financial Provisions

10.1. The FY begins on the 1^st of January and ends on the 31^st of December.

10.2. Funds provided to the NATO StratCom COE by the Participants will be managed and controlled and recorded on the basis of the NATO StratCom COE FAP, which are to be approved by the SC. The accounting standards and the legislation of the Republic of Latvia will be taken into account.

10.3. The Director will be responsible for compliance with all applicable financial principles and procedures of the NATO StratCom COE.

10.4. The budget of the NATO StratCom COE will be managed in the currency of the FN. Annual contributions of Participants will be made to the NATO StratCom COE bank account designated by the Director.

10.5. Each year for the forthcoming FY, the Director will prepare a budget that shows the estimated expenditures/revenues necessary for the operation of the NATO StratCom COE. This budget will be subject to SC examination and approval prior to the coming FY. Together with the draft budget the Director will prepare a Medium Term Financial Plan (MTFP) covering the estimated expenditures/revenues of the 5 years following the forthcoming FY. This MTFP is for planning purposes and will be noted by the SC.

10.6. The Participants' financial responsibility under this MOU is subject to the authorisation and appropriation of funds in accordance with their respective national legislation, regulations and procedures.

10.7. With SC approval of the budget, the Participants confirm their liability to provide funds and authorise the Director to expend funds for the purposes and within the limits detailed in the approved budget.

10.8. Based on the approved budget and considering the Participants cost share, the Director will submit call(s) for funds payable by the Participants within 90 days of receipt of the call for funds. The Director will normally submit call(s) for funds, as detailed in the NATO StratCom COE FAP.

10.9. Any existing credits will be balanced in the appropriate call for funds.

10.10. If it emerges during the course of the fiscal year that the approved budgetary funds will be insufficient, the Director will submit a supplementary budget to the SC for approval.

10.11. Any Participant is entitled to request a budget report whenever it is thought necessary, which will be provided by the Director within 30 days after receiving the request. Following the end of the FY, at the latest by 31 March, the Director will submit an Annual Financial Statement including a Budget Execution Statement for approval by the SC.

10.12. The audit functions for the budget of the NATO StratCom COE will be performed as directed by the SC.

10.13. Irrespective of the audits conducted in accordance with paragraph 10.12., national audit authorities are entitled to request information from the Director and may request access to all records or copies thereof, which are required to audit the national contributions.

SECTION 11

FINANCIAL CONSIDERATIONS

11.1. Services and products included in the POW and provided to NATO entities on request of HQ SACT and to the Participants are free of charge. Exceptions, further details and particular requirements or restrictions will be specified and approved by the SC.

11.2. Charges for the services and products provided to Partners will be specified by the SC.

11.3. For courses provided by or through the NATO StratCom COE, also to NATO personnel, individual course fees may be charged.

11.4. All proceeds from StratCom COE activities will be reflected in the budget and recorded as revenues.

SECTION 12

CLAIMS

12.1. Claims arising out of or in connection with the activities of the NATO StratCom COE will be handled in accordance with Article VIII of the NATO SOFA and, after granted international status by the NAC, in accordance with Article 6 of the Paris Protocol, as applicable.

12.2. Any claims attributable to the NATO StratCom COE, to include portions thereof arising outside of the provisions of the Paris Protocol, will be shared by the Participants.

SECTION 13

SECURITY

13.1. External security is the responsibility of the FN.

13.2. Security administration within the facilities in the use of the StratCom COE, including visits, security clearances and information security are the responsibility of the Director acting in accordance with the applicable FN and NATO security regulations.

13.3. Without prejudice to the Director's responsibilities defined in paragraph 13.2 above, the Participants will take the measures necessary to ensure that their personnel will comply with applicable security agreements and arrangements. They will likewise ensure compliance with relevant security regulations in regard of any products or services received or drawn from the NATO StratCom COE.

13.4. Classified information stored, handled, generated, transmitted or exchanged as a result of the execution of this MOU will be treated in accordance with C-M (2002) 49 "Security within the North Atlantic Treaty Organisation", dated 17 June 2002, in the respective authorised edition, including all supplements and amendments thereto, and existing international agreements and arrangements.

13.5. Non-classified information stored, handled, generated, transmitted or exchanged as a result of the execution of this MOU will be treated in accordance with C-M (2002) 60 "The management of non-classified information", dated 24 July 2002, in the respective authorised edition, including all supplements and amendments thereto and existing security agreements and arrangements.

13.6. In the NATO StratCom COE activities where involvement of contractors, consultants or other such workers is needed, the NATO StratCom COE will conclude special non-disclosure agreements with these workers.

13.7. In the event of termination or withdrawal from this MOU, the Participants will ensure that the provisions relating to security, disclosure of information, and confidentiality remain in effect.

SECTION 14

LEGAL CONSIDERATIONS

14.1. The NATO StratCom COE and its personnel may be granted status under Article 14 of the Paris Protocol, together with Supplementary Agreements thereto, upon accreditation by the MC and once activated by the NAC as an NMB in accordance with CM(69)22.

14.2. The Republic of Latvia will seek to conclude a Supplementary Agreement to the Paris Protocol with HQ SACT, in order to implement the international status of the NATO StratCom COE personnel.

14.3. Prior to the granting of international status to the NATO StratCom COE, the attachment of national elements to the NATO StratCom COE will be in accordance with applicable national and international law, including the NATO SOFA.

14.4. Ownership regarding the intellectual property generated by the NATO StratCom COE will be held and administered by the NATO StratCom COE, unless otherwise decided by the SC, and always in compliance with national and international law.

14.5. Without prejudice to the obligations under the North Atlantic Treaty, the NATO SOFA and the Paris Protocol, the Participants do not intend to create any rights or obligations under international law by virtue of this MOU.

14.6. The Participants do not intend to cause a conflict between this MOU and relevant national or international laws. Should such conflict nevertheless arise, the effective national or international law will prevail over this MOU. Each Participant, whose rights or obligations under national or international law are affected, will notify the other Participants in writing.

SECTION 15

ADDITION OF NEW PARTICIPANTS

15.1. The addition of any new Participant to this MOU which thereby will also accede to any existing arrangement between the existing Participants and Partners, will be done through a NOJ, an example of which is laid down in the Annex F. to be signed by the new Participant and the existing ones.

15.2. In addition to the cost share contribution, prior to the signing of the NOJ, the prospective Participant's initial contribution to offset the residual value of previous investments, if any, will be determined and set out in the NOJ.

15.3. Unless otherwise provided in the NOJ, the NOJ will come into effect on the date of the last signature.

15.4. The NOJ will only be effective for a Participant if that Participant also signs a NOJ for the NATO StratCom COE Functional MOU.

SECTION 16

WITHDRAWAL OF PARTICIPANTS

16.1. Any Participant may withdraw from this MOU on presentation of twelve months written notice to all other Participants. The withdrawing Participant will also inform the Director and SC in writing. The FN will duly notify HQ SACT in writing.

16.2. In the case of a withdrawal, the remaining Participants will examine all projects that are not yet completed in order to decide whether they continue, have to be cancelled or reduced in scope. In the event no other Participant assumes the post(s) and/or financial obligations associated with the withdrawal or reduced participation, the remaining Participants will endeavour to reduce operating costs as quickly as possible to adjust them to the new situation. Since the POW is normally determined for one year ahead, the transitional period should allow any projects in that period to finish.

16.3. Should a Participant withdraw from this MOU it will continue to provide the full share of its financial contribution to the NATO StratCom COE until the end of the FY in which the notice period ends, and remain responsible for its outstanding financial liabilities resulting from its period of participation, unless the financial liabilities are assumed by other Participants and approved by the SC.

16.4. Any withdrawal by a Participant to this MOU from the NATO StratCom COE Functional MOU will, without further notice, constitute a withdrawal from this MOU.

16.5. If a Participant is not able to fulfil its obligations of providing either manpower or funds for more than one year as regards assignment of personnel or contributing to the budget, its voting rights in the SC will be suspended automatically until the voting SC members determines that those obligations are fulfilled. If that Participant is not able to fulfil its obligations for more than two years, this will be automatically considered as a withdrawal from this MOU by the said Participant.

16.6. Any Participant except the FN, may elect to suspend its participation to this MOU on presentation of 12 months written notice to all other Participants. The notice will specify the date and duration of suspension. In the case where a Participant suspends its participation, its obligations and rights as a Participant, including providing manpower and funding, along with voting rights in the SC are also suspended. In this case, the automatic withdrawal provision in 16.5. will not apply. Upon notification of its intended suspension, the concerned Participant agrees that the other Participants' SC representatives may assign the suspended Participant's post(s) to any other Participant or recommend the other Participants assignment of such post(s) to a Joining Participant. Participants may cease their voluntary suspension at any time by written notice to all other Participants. If necessary SC approval for post assignment is to be sought in time.

SECTION 17

SETTLEMENT OF DISPUTES

17.1. Any dispute regarding the interpretation or implementation of this MOU will be settled only by consultation among the Participants involved and will not be referred to any national or international tribunal or any other third party for settlement.

17.2. Disputes will be settled using the NATO StratCom COE working language.

SECTION 18

AMENDMENT AND RECORD OF CHANGE

18.1. Any Participant may propose amendments to this MOU. As custodian of this MOU, the FN will manage the amendment process.

18.2. With exception of Annex G, this MOU and the Annexes may be amended only with the unanimous written consent of the Participants, unless otherwise provided in this MOU. HQ SACT has to be informed in written of any amendment to this MOU, its annexes and follow-on arrangements.

18.3. Each change made to this MOU will be recorded in chronological order on the record of changes attached as Annex G. This record of change will be updated by the FN, as the custodian of the MOU, then provided to each Participant, HQ SACT, as well as the NATO StratCom COE itself, each time a change occurs.

SECTION 19

TERMINATION

19.1. This MOU will terminate in case of:

a. A written decision by all Participants;

b. The withdrawal of the FN;

c. The NATO StratCom COE Functional MOU is terminated.

19.2. In the event that this MOU is terminated, the residual value of the equipment and other capital goods, which have been commonly funded by the Participants, will be distributed among the Participants in accordance with their cost share established in paragraph 9.3.

19.3. In the event that this MOU is terminated or a Participant makes formal notification of its withdrawal from the MOU, the provisions of this MOU will continue to be applied until any outstanding matters have been resolved.

SECTION 20

ENTRY INTO EFFECT

20.1. This MOU will enter into effect on the day of the last signature thereto, unless otherwise provided.

20.2. This MOU will only be effective for a Participant if that Participant also signs the NATO StratCom COE Functional MOU.

SECTION 21

FINAL CONSIDERATIONS

21.1. This MOU which will also referred to as the "NATO StratCom COE Operational MOU", consists of twenty-one sections and seven annexes. The annexes are integral parts of this MOU.

21.2. References to NATO policy documents will encapsulate any amendment thereof, or, as the case may be, refer to such policy documents as may replace them.

21.3. This MOU is signed in one original in the English language. The original of this MOU will be deposited with the FN, which will transmit certified copies to each of the Participants and HQ SACT, as well as the NATO StratCom COE itself.

21.4. Without prejudice to Section 10 and after application of the cost sharing formula (as elaborated in paragraph 9.3.), the maximum share of each Participant, per person, for the FY 2015 is agreed to be twenty five thousand Euros.

THE FOREGOING REPRESENTS THE UNDERSTANDING REACHED AMONG THE PARTICIPANTS.

For the Ministry of Defence of the Republic of Latvia:

Signature: _______________

Name: Colonel Armands SALTUPS

Appointment: National military representative at NATO's Allied Commander Transformation Headquarters

Place/Date: Norfolk, United States of America, 01 July 2014

For the Ministry of Defence of the Republic of Estonia:

Signature: _______________

Name: Lieutenant Colonel Kuido PETTAI

Appointment: Staff Officer, HQ SACT

Place/Date: Norfolk, United States of America, 01 July 2014

For the Federal Ministry of Defence of the Federal Republic of Germany:

Signed in the understanding that no German personnel is expected to be provided prior to 1^st of January 2015.

Signature: _______________

Name: Colonel Klaus-Dieter BERMES

Appointment: National Liaison Representative DEU to Supreme Allied Commander Transformation

Place/Date: Norfolk, United States of America, 01 July 2014

For the Ministry of Defence of the Italian Republic:

Signature: _______________

Name: Colonel Paolo FRARE

Appointment: Italian National Liaison Representative to NATO

Place/Date: Norfolk, United States of America, 01 July 2014

For the Ministry of National Defence of the Republic of Lithuania:

Signature: _______________

Name: Colonel Gintaras Leonas Veromėjus

Appointment: Lithuanian National Representative to the Headquarters, Supreme Allied Commander Transformation

Place/Date: Norfolk, United States of America, 01 July 2014

For the Minister of National Defence of the Republic of Poland:

Signature: _______________

Name: Colonel Ryszard Romanowski

Appointment: Polish National military representative to Allied Command Transformation

Place/Date: Norfolk, United States of America, 01 July 2014

For the Ministry of Defence of the United Kingdom of Great Britain and Northern Ireland

Signature: _______________

Name: Colonel Peter GERMAIN

Appointment: UK National Representative to the Headquarters, Supreme Allied Commander Transformation

Place/Date: Norfolk, United States of America, 01 July 2014

Annex A to the NATO StratCom COE Operational MOU

Participation Table

Participants	Number of Assigned cost share positions
The Ministry of Defence of the Republic of Estonia	1
The Federal Ministry of Defence of the Federal Republic of Germany	2
The Ministry of Defence of the Italian Republic	1
The Ministry of Defence of the Republic of Latvia	13
The Ministry of National Defence of the Republic of Lithuania	1
The Minister of National Defence of the Republic of Poland	1
The Ministry of Defence of the United Kingdom of Great Britain and Northern Ireland	1
Total Number of Assigned positions	20

Annex B to the NATO StratCom COE Operational MOU

Terms of Reference of the NATO StratCom COE's Steering Committee

1. Within the framework of the MOU, the SC is responsible for guidance and supervision of all the NATO StratCom COE activities and administration, taking into consideration Participants' interests regarding all matters pertaining to the NATO StratCom COE.

2. The responsibilities and tasks of the SC will include, but will not be limited, to:

a) Providing the long-term strategic perspective and reviewing and approving the development plan for the NATO StratCom COE;

b) Monitoring the performance of the mission and tasks of the NATO StratCom COE including its funding, administration and personnel establishment;

c) Approving the budget and POW for the coming fiscal year;

d) Approving FAP and directives for the operation of the NATO StratCom COE;

e) Approving annual financial statements;

f) Reviewing and noting the medium-term financial plan and approving the budget report of the Director;

g) Considering and approving additional out-of-cycle requests for the POW and possible amendments to the budget;

h) Directing auditing functions and reviewing audit reports;

i) Recommending the terms of participation of Partners in the NATO StratCom COE activities and ensuring corresponding appropriate arrangements or agreements;

j) Approving job descriptions of the NATO StratCom COE personnel;

k) Addressing other personnel, legal and other administrative issues;

l) Providing guidance on the functional relationships of the NATO StratCom COE with other entities;

m) Reviewing and amending the Concept of the NATO StratCom COE;

n) Proposing changes to the MOU and its Annexes to the Participants through the FN;

o) Noting the Director's report of any procedure in accordance with Section 16.5 and decides if a Participant's obligations are fulfilled;

p) Establishing subsidiary bodies such as working groups that report to the SC.

3. The SC is entitled to:

a) Task the Director and

b) Get assistance from the NATO StratCom COE through its Director.

4. The SC will meet at least once a year. The SC will determine the frequency, the place, the means and duration of the meetings.

5. The NATO StratCom COE SC Chair is responsible for preparing the meetings, including timely distribution of the invitation and the agenda with adequate supporting documentation. The agendas of SC meetings will be drawn up in advance and distributed together with all other supporting documents needed for any decision at least 45 days prior to each meeting. Agreed minutes will be distributed to the members of the SC. A record of the decisions reached will be distributed at the end of each meeting.

6. The decisions can also be taken by other means of communication than a meeting, as agreed by SC.

7. Each Participant may provide any other required experts in an advisory capacity to support its SC representative.

8. HQ SACT will and - after approval of the SC - other NATO entities may be invited to participate, without any voting rights, in the relevant SC meetings to advise the SC on NATO entities' requirements and priorities. Other entities may be invited after approval of the SC.

9. The SC will be chaired by an appropriately ranked official provided by the FN.

10. The Chair of the SC is to:

a) Be responsible for conducting the meetings of the SC;

b) Overseeing the execution of the decisions taken by the SC;

c) If necessary, arrange for decisions to be taken by the SC between meetings;

d. In matters of this MOU, maintain liaison between the NATO StratCom COE Director and Participants as well as HQ SACT;

e) Consider out-of-cycle requests as appropriate and necessary beyond the approved POW, provided these requests will not exceed the approved budget;

f) Represent the SC in external relations under explicit tasking by the SC.

Annex C to the NATO StratCom COE Operational MOU

The NATO StratCom COE's Director Terms of Reference

1. The Director reports to and is tasked by the NATO StratCom COE SC.

2. The Director is responsible for:

a. Overall day-to-day management of the NATO StratCom COE;

b. Exercising leadership (excluding disciplinary issues) inside the NATO StratCom COE with regard to personnel;

c. Reporting to and informing the SC of all matters that need SC's attention or when so requested by the SC;

d. Ensuring the execution of the POW and implementation of the budget;

e. Preparing and submitting the drafts of the budget and POW, as well as a medium-term financial plan for five following years to the SC;

f. Submitting the Annual Financial Statement for the preceding fiscal year to the SC;

g. Approving commitments only for the purpose and within the limits of the approved budget;

h. Processing any requests for the POW from HQ SACT, the Participants and Partners;

i. Forwarding additional out-of-cycle POW requests as well as the budgetary implications to the SC for consideration and approval;

j. Performing the continuous coordination regarding the POW with HQ SACT, to include providing HQ SACT with regular reports;

k. Forming working groups for efficient implementation of the POW and optimizing implementation of other tasks of the NATO StratCom COE;

l. Ensuring internal security of the NATO StratCom COE as the Security Authority for the NATO StratCom COE as an NMB;

m. Raising visibility of the NATO StratCom COE within NATO.

3. The Director is granted authority to:

a. Engage HQ SACT in the development and execution of the POW and establish, in coordination with HQ SACT, inter-relationships and bi-lateral functional arrangements;

b. Consult with NATO, national authorities and other relevant organisations to facilitate the accomplishment of his mission;

c. Make recommendations to HQ SACT or - if requested - other NATO entities on issues related to strategic communications;

d. In compliance with relevant SC guidance, conclude cooperation arrangements;

e. Conclude contracts for the NATO StratCom COE on the basis of the approved budget and the FAP;

f. Propose additional meetings of the SC;

g. Temporarily (not exceeding 180 calendar days) reassign personnel to another position within the NATO StratCom COE, provided that the SC has been notified and the concerned Participant representative in the SC has not objected to it.

Annex D to the NATO StratCom COE Operational MOU

Shared Costs

Participants will bear the costs listed below (shared costs) in accordance with Section 9 of this MOU based on their cost share and within the limits of the budget for the relevant fiscal year and the corresponding POW:

1. Administrative expenses:

a) Communication costs;

b) Official bank services;

c) Postage;

d) Hospitality costs;

e) Copying and printing;

f) Office supplies;

g) Translation services;

h) Auditing and External legal services;

i) Miscellaneous costs.

2. Travel costs:

a) POW related travel expenses (transportation costs);

b) Education and training related to the execution of the POW (transportation costs, course and seminar fees);

c) POW related conference fees.

3. Events organised by NATO StratCom COE:

a) Food and catering;

b) Rental of premises and equipment;

c) Other organisational costs related to NATO StratCom COE hosted events.

4. POW related NATO StratCom COE-specific projects:

a) Information and Communication technology;

b) NATO StratCom COE owned software and hardware maintenance and development;

c) Publication costs of the NATO StratCom COE products;

d) Temporary contractors/consultants.

5. POW related project-specific lab equipment, furnishing, supplies and maintenance.

Annex E to the NATO StratCom COE Operational MOU

Framework Nation Support

The FN is responsible for the following support supplied at no cost to the shared budget. FN can also decide on provision of additional support.

1. Administrative support:

a) Initial office supplies;

b) Initial copying and printing.

2. NATO StratCom COE office and conference rooms:

a) Office and conference rooms;

b) Office rooms furnishing, fitting;

c) Initial telephone system;

d) Initial CIS equipment (hardware and software, maintenance);

e) Heating;

f) Electricity;

g) Water and sewerage;

h) Repairs and maintenance related to the infrastructure provided by FN;

i) Security Accreditation authority to NATO Standards (physical infrastructure and CIS equipment);

j) Use of conference rooms (on a space-availability basis).

3. Medical support

In accordance with paragraph 8.1. of this MOU, health care insurance of personnel is the responsibility of Participant. However all the NATO StratCom COE personnel will be afforded access to Latvian National Armed Forces medical facilities for emergency medical care under the conditions applicable to the personnel of the Latvian National Armed Forces.

4. Recreational Facilities

The NATO StratCom COE personnel will be granted the use of recreational, sports and welfare facilities and services on a space-availability basis under the conditions applicable to the personnel of the Latvian National Armed Forces.

5. Parking

The FN will provide a designated parking area for NATO StratCom COE personnel.

6. Other assistance

On request, administrative personnel of the FN will assist the NATO StratCom COE personnel in finding accommodation, establishing bank accounts and providing other practical support related to the assignment to the NATO StratCom COE.

Annex F to the NATO StratCom COE Operational MOU

Sample of Note of Joining

NOTE OF JOINING
FOR THE [name of the National Authority] OF [name of the Joining Nation]
TO PARTICIPATE IN THE
MEMORANDUM OF UNDERSTANDING
AMONG
THE [names of the Participants, in alphabetical order]
…
AND
THE [names of the last Participant, in alphabetical order]
CONCERNING
THE ESTABLISHMENT, ADMINISTRATION AND OPERATION OF
THE NATO StratCom CENTRE OF EXCELLENCE

THE [name of the National Authority] OF [name of the Joining Nation]

HAVING DECIDED to broaden its participation in NATO's overall strategic communications transformation efforts; and

DESIRING to join the current Participants of the NATO StratCom COE, providing the personnel for the following post[s]:

- [description of the post(s)] as of [expected date of posting]

ELECTS to participate as of [date of entry into effect of the joining] in the Memorandum of Understanding among [names of the Participants to the COE Operational MOU], concerning the Establishment, Administration and Operation of the NATO StratCom COE, which came into effect on [date of entry into force of the COE Operational MOU].

AGREES to contribute its share to the annual budget starting with fiscal year [year] [optional: and additionally agrees to contribute to the sum of [detailed amount in letters and figures], to offset the residual value of previous capital investment in accordance with [designation of the relevant provision in the COE Operational MOU] of the NATO StratCom COE Operational MOU].

AGREES to abide by all subsequent agreements and arrangements to the NATO StratCom COE Operational MOU concluded until the date of entry into effect of this Note of Joining, listed as follows:

- [list of subsequent agreements and arrangements]

For the [name of the National Authority] of [name of the Joining Nation]

Signature
Name
Appointment
Place/Date

Page 2 / [total number of pages]

The [names of the Participants to the COE Operational MOU], as the Participants to the NATO StratCom COE Operational MOU;

WELCOMING the expressed commitment by the [name of the National Authority] of [name of the Joining Nation];

AGREE with the [name of the National Authority] of [name of the Joining Nation] joining them as a Participant to the NATO StratCom COE Operational MOU under the terms outlined in this Note of Joining;

AGREE to consider that this Note of Joining supplements the NATO StratCom COE Operational MOU;

This Note of Joining will only be effective for the new Participant if it also signs a Note of Joining to the NATO StratCom COE Functional MOU;

This Note of Joining is signed in one original and in the [name of the language(s)] language(s). It constitutes an amendment to the NATO StratCom COE's Operational MOU and, as such, will be duly recorded in the NATO StratCom COE's Operational MOU Record of change.

The original document will be deposited with the Republic of Latvia, which will provide certified copies to all Participants to the NATO StratCom COE Operational MOU, the Joining Nation, the NATO StratCom COE itself, as well as HQ SACT.

For the [first Participant, in alphabetical order]

Signature
Name
Appointment
Place/Date

[Etc.]

Page 3 / [total number of pages]

Annex G to the NATO StratCom COE Operational MOU

Record of Change

DATE OF THE CHANGE	DESCRIPTION OF THE CHANGE	DOCUMENT OR DECISION GENERATING THE CHANGE	COMMENTS, DATE OF PROMULGATION, NAME, APPOINTMENT AND SIGNATURE OF THE PROMULGATING AUTHORITY

Page 1 / [total number of pages]

MEMORANDUM OF UNDERSTANDING AMONG THE MINISTRY OF DEFENCE OF THE REPUBLIC OF LATVIA, The Ministry of Defence of the Republic of Estonia, The Federal Ministry of Defence of the Federal Republic of Germany, The Ministry of Defence of the Italian Republic, The Ministry of National Defence of the Republic of Lithuania, The Minister of National Defence of the Republic of Poland and The Ministry of Defence of the United Kingdom of Great Britain and Northern Ireland AS WELL AS HEADQUARTERS, SUPREME ALLIED COMMANDER TRANSFORMATION CONCERNING THE FUNCTIONAL RELATIONSHIP REGARDING THE NATO STRATEGIC COMMUNICATIONS CENTRE OF EXCELLENCE

TABLE OF CONTENTS

Introduction

Section 1: Definitions

Section 2: Purpose

Section 3: The Role of the NATO StratCom COE

Section 4: General Understanding

Section 5: Responsibilities of the NATO StratCom COE

Section 6: Responsibilities of HQ SACT

Section 7: Co-ordination

Section 8: Legal Considerations

Section 9: Financial Aspects

Section 10: Security and Confidentiality

Section 11: Settlement of Disputes

Section 12: Amendments and Record of Change

Section 13: Additional Participation and Withdrawal

Section 14: Final Considerations

Annexes:

Annex A: Sample of NOJ

Annex B: Record of Change

INTRODUCTION

hereinafter referred as the "Sponsoring Nations",

and the Headquarters, Supreme Allied Commander Transformation (HQ SACT),

hereinafter referred to collectively as the "Participants";

DESIRING to further enhance their co-operation in the framework of the North Atlantic Treaty, signed on 4 April 1949;

CONSIDERING that in accordance with MC 324/3 (Final) "the NATO Military Command Structure", dated 30 January 2013, and MCM-236-03 "MC Concept for Centres of Excellence", dated 4 December 2003, the NATO Command Arrangements (NCA) are supported by a network of Centres of Excellence (COE) which provide opportunities to enhance education and training, to improve interoperability and capabilities, to assist in doctrine development and to test and validate concepts through experimentation;

Considering that the Supreme Allied Commander Transformation (SACT), in accordance with MC 58/3, "Terms of Reference for the Supreme Allied Commander Transformation", dated 17 May 2004, has the overall responsibility for the coordination and employment of COE within NATO;

NOTING the letter by the Chief of Defence of the Republic of Latvia to SACT, dated 20 February 2013, offering the initiative of creation of NATO Strategic Communications Centre of Excellence (the NATO StratCom COE);

NOTING that under the Memorandum of Understanding (MOU) concerning the Establishment, Administration and Operation of the NATO StratCom COE (NATO StratCom COE Operational MOU), dated 1 July 2014, the Sponsoring Nations are establishing the NATO StratCom COE as a COE that will be made available to NATO;

CONSIDERING that as detailed in MCM-236-03, COE should provide tangible improvement to NATO capabilities and therefore be relevant to NATO's transformational efforts;

NOTING the Concept for the NATO StratCom COE, which provides for a value-added contribution to the transformation efforts;

NOTING that not all Participants are Parties to the Additional Protocol and the Further Additional Protocol to the PfP SOFA;

CONSIDERING with MCM-236-03, that, upon approval by the Military Committee (MC) and endorsement by the North Atlantic Council (NAC) a COE has to be NATO accredited;

CONSIDERING further, with MCM-236-03, that, upon accreditation, the NAC can grant a COE the status of a NATO Organisation under Paris Protocol

and

NOTING that the Framework Nation, acting on behalf of the other Participants and in coordination with HQ SACT, will submit a request to the NAC for the activation of the NATO StratCom COE as a NATO Military Body, in compliance with CM(69)22, and thus for it to be granted international status under Paris Protocol, article 14;

have reached the following understanding:

SECTION 1

DEFINITIONS

1. Unless another meaning is specified within this Memorandum of Understanding (MOU) and its follow-on documents, the "NATO Glossary of Terms and Definitions" (AAP-6) and the "NATO Glossary of abbreviations used in NATO documents and publications" (AAP-15) will apply.

2. The following definitions apply for the purpose of this MOU and its follow-on documents:

a. Allied Command Operations (ACO) - as outlined in MC 324/3 (Final), Supreme Headquarters Allied Powers Europe (SHAPE) and the other organizations subordinate to Supreme Allied Commander Europe (SACEUR).

b. Allied Command Transformation (ACT) - as outlined in MC 324/3 (Final), Headquarters, Supreme Allied Commander Transformation (HQ SACT) and the other organisations subordinate to Supreme Allied Commander Transformation (SACT).

c. Background Information - information not generated in the performance of this MOU.

d. Centre of Excellence (COE) - as defined in MCM-236-03, a NAC-accredited nationally or multi-nationally sponsored centre supporting NATO.

e. COE Network - the Network of all COE supporting the NCA coordinated by HQ SACT.

f. Director - the person directing the NATO StratCom COE.

g. Foreground Information - information generated in the performance of this MOU.

h. Framework Nation (FN) - the Republic of Latvia represented by the Ministry of Defence of the Republic of Latvia.

i. Headquarters, Supreme Allied Commander Transformation (HQ SACT) - as defined in MC 324/3 (Final), the Supreme Headquarters of SACT, which interacts with the NATO StratCom COE for NATO, and serves as the coordinator for the COE network and for the interaction with all NATO entities.

j. Information - any information, regardless of form or type, including that of a scientific or technical nature, and also including photographs, interim and final reports, manuals, threat data, experimental data, test, designs, specifications, processes, techniques, inventions, drawings, software including source code, technical writings, sound recordings, pictorial representations, and other graphical presentations, whether in magnetic tape, computer memory or any other form and whether or not subject to copyrights, patents, or other legal protection.

k. NATO Command Arrangements (NCA) - the arrangements and entities supporting the NCS, as defined in MC 324/3.

l. NATO Command Structure (NCS) - NATO's military organisation, as defined in MC 324/3.

m. NATO Military Body (NMB) - as outlined in CM(69)22, an international military Headquarters or organisation covered by the terms of Articles 1(b), 1(c) and 14 of the Paris Protocol.

n. NATO Military Committee (MC) - as outlined in the MC 57/4(Final), the senior military authority in NATO.

o. NATO Strategic Communications Centre of Excellence (NATO StratCom COE) - the COE offered by the Sponsoring Nations as a NATO COE providing subject matter expertise in the field of strategic communications.

p. North Atlantic Council (NAC) - the Council established pursuant to Article 9 of the North Atlantic Treaty.

q. Partners - a Nation, organization, or agency which interacts with the NATO StratCom COE, and may be:

i. Contributing Partner (CP) - any Nation, organization or entity, in accordance with NAC agreed decisions and procedures, which is not a SN and provides a contribution to the NATO StratCom COE;

ii. Other Partners (OP) - any Nation, organization or entity using the services and / or products provided by the NATO StratCom COE, other than SN or CP.

r. Programme of Work (POW) - the document setting out the NATO StratCom COE activities for the course of a calendar year and including the long-term perspective of the NATO StratCom COE activities.

s. Sponsoring Nations (SN) - the Participants to the StratCom COE Operational MOU.

t. Steering Committee (SC) - the committee set up by the SN as the main body for guidance, oversight and decisions on all matters concerning the administration, policies and operation of the NATO StratCom COE.

u. Supreme Allied Commander Europe (SACEUR) - as defined in MC 324/3 (Final), the Commander of ACO.

v. Supreme Allied Commander Transformation (SACT) - as defined in MC 324/3 (Final), the Commander of ACT.

SECTION 2

PURPOSE

The purpose of this MOU is to establish the functional relationship between HQ SACT and the SN regarding the NATO StratCom COE.

SECTION 3

THE ROLE OF THE NATO StratCom COE

The role of the NATO StratCom COE is to assist NATO, Nations, Partners and other bodies by supporting NATO's capability development process, mission effectiveness, and interoperability by providing comprehensive and timely expertise in the field of the strategic communications.

SECTION 4

GENERAL UNDERSTANDING

1. The NATO StratCom COE will ensure the first priority of work for provision of services and products requested by HQ SACT on behalf of NATO entities. Within its capacity, the NATO StratCom COE will also support the SN and Partners in their efforts to enhance capabilities in the field of strategic communications. However, the NATO StratCom COE support will remain subject to the approval and allocation of resources by its SC.

2. HQ SACT, as the designated NATO entity for the coordination of the NATO-accredited COE and the COE Network, will co-ordinate and will provide requests from NATO entities to the NATO StratCom COE and monitor their execution.

3. The NATO StratCom COE forms part of the wider framework supporting the NCA. The NATO StratCom COE will neither form part of the NCS, nor does this MOU constitute a command relationship between HQ SACT and the NATO StratCom COE.

4. Under coordination of HQ SACT, the NATO StratCom COE will establish appropriate relationships with ACO, ACT and other NATO entities.

5. The NATO StratCom COE will adhere to all NATO policies, regulations and standards that are appropriate to the functions of the NATO StratCom COE, and in particular to the established HQ SACT guidance and directives providing for the overall COE Network efficiency and effectiveness.

6. The NATO StratCom COE will be assessed by HQ SACT against criteria as set out in IMSM-0416-04, dated 11 June 2004. The accreditation is subject to the approval by the MC and a final endorsement of the NATO StratCom COE by the NAC. Once accredited, the NATO StratCom COE will be screened periodically by HQ SACT to ensure it continues to meet the criteria. If the NATO StratCom COE fails to meet the appropriate criteria, HQ SACT will recommend the necessary steps to be taken in order to meet the accreditation criteria. Continued failure in meeting the accreditation criteria may result in loss of accreditation as a COE.

7. Appropriate arrangements, as follow-on arrangements to this MOU, may be concluded to provide additional details not covered in this MOU or provide for the arrangements pertaining to specific projects to be conducted by the NATO StratCom COE.

SECTION 5

RESPONSIBILITIES OF THE NATO STRATCOM COE

1. The Director will be a principal advisor to HQ SACT for strategic communications.

2. The NATO StratCom COE will focus, but not limit its activities on the following core areas:

a. Doctrine and Standards;

b. Education and Training;

c. Analysis and Lessons Learned;

d. Concept Development and Experimentation.

3. The NATO StratCom COE will not duplicate, but will undertake to co-operate with any other COE which provides support to strategic communications with genuine subject-matter expertise.

SECTION 6

RESPONSIBILITIES OF HQ SACT

To support the StratCom COE's performance as a NATO COE, HQ SACT will:

a. Encourage optimal development and utilisation of StratCom COE capabilities in furtherance of NATO's transformational goals within the COE Network.

b. Provide the appropriate guidelines to enable the NATO StratCom COE to effectively conduct its mission in support of Alliance's transformation.

c. With regard to the accreditation process provided through IMSM-0416-04, establish the specific accreditation requirement package for the NATO StratCom COE, advise the NATO StratCom COE on issues relevant to accreditation, conduct the initial accreditation assessment and thereafter periodically screen the NATO StratCom COE to confirm the NATO StratCom COE is meeting the established criteria to maintain the accreditation.

d. Upon successful completion of the accreditation assessment, support the FN's request for the activation of the NATO StratCom COE as an NMB pursuant to CM (69)22, for it to be granted international status under Article 14 of the Paris Protocol.

SECTION 7

CO-ORDINATION

1. The SC will decide on the annual POW, which will set out the services and products to be provided by the NATO StratCom COE. For the purpose of the establishment of the POW, HQ SACT will provide the coordinated and prioritised requests for services and products for NATO entities to the director for SC consideration.

2. HQ SACT will and other NATO entities can be invited to, participate on a non-voting basis in the relevant SC meetings and, through this participation, advise the SC on NATO requirements and priorities. Irrespective to their participation, HQ SACT will receive the minutes of the SC meetings.

4. HQ SACT will forward possible out-of-cycle requests to the Director for appropriate processing.

5. HQ SACT and the Director will, on a continuous basis, co-ordinate the execution of the POW, including the possible impact of additional out-of-cycle requests of SN and Partners. To facilitate this coordination, the Director will provide HQ SACT with regular reports.

6. The POW should not be deemed as an advanced endorsement by NATO or HQ SACT to the NATO StratCom COE services and products.

SECTION 8

LEGAL CONSIDERATIONS

1. Without prejudice to the obligations under the North Atlantic Treaty, the NATO SOFA, and the Paris Protocol, the Participants do not intend to create any rights or obligations under international law by virtue of this MOU.

2. The Participants do not intend to cause a conflict between this MOU and the relevant national or international laws. Should such conflict nevertheless arise, the affected national or international law will prevail over this MOU. Each Participant, whose national laws or obligations under international law are affected, will notify the other Participants in writing.

3. With regard to the services and products generated by the NATO StratCom COE on request of HQ SACT, the SN will ensure, subject to the restrictions applied by the owner of the information, that HQ SACT, for the benefit of the Alliance and within its mission to transform NATO, will obtain:

a. the right of use and distribution of all Foreground Information;

b. the right of use and distribution of all Background Information required to appropriately utilise the product.

4. HQ SACT will not be charged for any use or distribution of any type of information and will itself not derive any revenue from any distribution. Exception, further details and particular requirements or restrictions may be laid down in appropriate arrangements.

5. Until they have been endorsed by HQ SACT, the products and services provided or drafted by the NATO StratCom COE will not be assimilated in any way into NATO products and services, even if they are issued by a NATO-accredited COE. For this purpose, the products and services not yet endorsed by HQ SACT, NATO HQ or SHAPE must contain, whatever their form could be, a disclaimer which specifies that they do not reflect NATO's policies or positions, neither do they engage NATO in any way, but only the NATO StratCom COE itself, or solely their author(s), depending on the circumstances. The form of the disclaimer will depend on the type of product or service considered. Whatever it may be, it will be realized in an appropriate form, and designed to avoid any confusion in the mind of the users or customers of the NATO StratCom COE's works, products and services.

6. Neither the NATO StratCom COE nor the SN or their representatives will make, directly or indirectly, any public comment, statement, or communication with respect to any work or service provided to NATO or its arrangement with HQ SACT, without prior co-ordination with HQ SACT, unless required under an applicable national or international law.

SECTION 9

FINANCIAL ASPECTS

1. As far as permitted by international and national laws and regulations, the FN and other SN will not levy taxes, fees or similar charges on the official activities of the NATO StratCom COE for NATO. Exceptions, additional detailed information and detailed requirements or restrictions may be determined in appropriate agreements or arrangements.

2. In accordance with the NATO StratCom COE Operational MOU, the SN will bear all financial responsibilities resulting from the operation of the NATO StratCom COE.

3. All services and products included in the POW and provided to NATO entities will be free of charge. Exceptions, further details, and particular requirements or restrictions may be laid down in appropriate arrangements.

4. For courses provided by or through the NATO StratCom COE, including to NATO personnel, individual course fees may be charged, provided that these are established in accordance with the principles of any applicable STANAG.

SECTION 10

SECURITY AND CONFIDENTIALITY

1. External security is the responsibility of the FN.

2. Security administration within the facilities in the use of the NATO StratCom COE, including visits, security clearances and information security are the responsibility of Director, acting in accordance with the applicable FN and NATO security regulations.

3. Without prejudice to the Director's responsibilities defined in paragraph 10.2. above, the Participants will take the measures necessary to ensure that their personnel will comply with applicable security agreements and arrangements. They will likewise ensure compliance with relevant security regulations in regard of any products or services received or drawn from the NATO StratCom COE.

4. Classified information stored, handled, generated, transmitted or exchanged as a result of the execution of this MOU will be treated in accordance with C-M (2002) 49 "Security within the North Atlantic Treaty Organisation", dated 17 June 2002, in the respective authorised edition, including all supplements and amendments thereto, and in accordance with existing international agreements and arrangements.

5. Non-classified information stored, handled, generated, transmitted or exchanged as a result of the execution of this MOU will be treated in accordance with C-M (2002) 60 "The management of non-classified information", dated 24 July 2002, in the respective authorised edition, including all supplements and amendments thereto and existing security agreements and arrangements.

6. In the course of the NATO StratCom COE activities where involvement of contractors, consultants or other such workers is needed, the NATO StratCom COE will conclude special non-disclosure agreements with these workers.

7. In the event of termination or withdrawal from this MOU, the Participants will ensure the provisions relating to security, disclosure of information, and confidentiality remain in effect.

SECTION 11

SETTLEMENT OF DISPUTES

1. Any dispute regarding the interpretation or implementation of this MOU will be settled only by consultation among the Participants involved and will not be referred to any national or international tribunal or any other third party for settlement.

2. Disputes will be settled using the NATO StratCom COE working language as defined in its Operational MOU.

SECTION 12

AMENDMENT AND RECORD OF CHANGE

1. Any Participant may propose amendments to this MOU. As custodian of this MOU, HQ SACT will manage the amendment process.

2. With the exception of Annex B, this MOU may be amended only with the unanimous written consent of all Participants.

3. Each change made to this MOU will be recorded in chronological order on the record of changes attached as Annex B. This record of change will be updated by HQ SACT, as the custodian of the MOU, then provided to each Participant, as well as the NATO StratCom COE itself, each time a change occurs.

SECTION 13

ADDITIONAL PARTICIPATION AND WITHDRAWAL

1. The addition of any new Participant to this MOU will be done through a Note of Joining (NOJ), an example of which is laid down in Annex A, to be signed by the joining Nation and the current Participants. Other NOJ versions that are acceptable to all Participants may be used.

2. Unless otherwise provided in the NOJ, the NOJ will come into effect on the date of the last signature. The NOJ will only be effective if the joining Nation also signs a NOJ to the NATO StratCom COE Operational MOU.

3. Any Participant may withdraw from this MOU giving twelve months written notice to HQ SACT, which will immediately notify the other Participants about such notice. Any withdrawal by a SN from the NATO StratCom COE Operational MOU will, without further notice, constitute a withdrawal from this MOU, in which case the FN will ensure the appropriate information be provided to HQ SACT.

SECTION 14

FINAL CONSIDERATIONS

1. This MOU will come into effect on the same date as the NATO StratCom COE Operational MOU or, the date of the last signature to this MOU, whichever comes later, unless otherwise provided.

2. This MOU will terminate in case of:

a. a written decision by all Participants;

b. the withdrawal of the FN;

c. the accreditation of the NATO StratCom COE is revoked;

d. HQ SACT withdrawing from this MOU;

e. the NATO StratCom COE Operation MOU is terminated.

3. In the event that this MOU is terminated or a Participant makes formal notification of its withdrawal from the MOU, the provisions of this MOU will continue to be applied until any outstanding matters have been resolved.

4. Each follow-on arrangement concluded subsequently to this MOU will be governed by the same conditions as this MOU, unless otherwise specified in the arrangement itself. In case this MOU is terminated, all of its follow-on arrangements will, unless otherwise decided, terminate at the same date without further notice.

5. This MOU is referred to as the "NATO StratCom COE Functional MOU" consists of fourteen sections and two annexes. The annexes are integral parts of this MOU.

6. References to NATO policy documents will encapsulate any amendment thereof, or, as the case may be, refer to such policy documents as may replace them.

7. This MOU is signed in one original in the English language. The original document will be deposited with HQ SACT, as well as the subsequent NOJ and any agreements or arrangements. As such, HQ SACT will provide all Participants, as well as the NATO StratCom COE, with certified true copies of this MOU and all subsequent documents stating the dates when they became effective.

The Foregoing constitutes the UnderSTANDING reached AMONG THE PARTICIPANTS.

For the Ministry of Defence of the Republic of Latvia:

Signature: _______________

Name: Colonel Armands SALTUPS

Appointment: National military representative at NATO's Allied Commander Transformation Headquarters

Place/Date: Norfolk, United States of America, 01 July 2014

For the Ministry of Defence of the Republic of Estonia:

Signature: _______________

Name: Lieutenant Colonel Kuido PETTAI

Appointment: Staff Officer, HQ SACT

Place/Date: Norfolk, United States of America, 01 July 2014

For the Federal Ministry of Defence of the Federal Republic of Germany:

Signed in the understanding that no German personnel is expected to be provided prior to 1^st of January 2015.

Signature: _______________

Name: Colonel Klaus-Dieter BERMES

Appointment: National Liaison Representative DEU to Supreme Allied Commander Transformation

Place/Date: Norfolk, United States of America, 01 July 2014

For the Ministry of Defence of the Italian Republic:

Signature: _______________

Name: Colonel Paolo FRARE

Appointment: Italian National Liaison Representative to NATO

Place/Date: Norfolk, United States of America, 01 July 2014

For the Ministry of National Defence of the Republic of Lithuania:

Signature: _______________

Name: Colonel Gintaras Leonas Veromėjus

Appointment: Lithuanian National Representative to the Headquarters, Supreme Allied Commander Transformation

Place/Date: Norfolk, United States of America, 01 July 2014

For the Minister of National Defence of the Republic of Poland:

Signature: _______________

Name: Colonel Ryszard Romanowski

Appointment: Polish National military representative to Allied Command Transformation

Place/Date: Norfolk, United States of America, 01 July 2014

For the Ministry of Defence of the United Kingdom of Great Britain and Northern Ireland

Signature: _______________

Name: Colonel Peter GERMAIN

Appointment: UK National Representative to the Headquarters, Supreme Allied Commander Transformation

Place/Date: Norfolk, United States of America, 01 July 2014

For the Headquarters, Supreme Allied Commander Transformation:

Signature: _______________

Name: General Jean-Paul Paloméros

Appointment: Supreme Allied Commander Transformation NATO

Place/Date: Norfolk, United States of America, 01 July 2014

Annex A to the NATO StratCom COE Functional MOU

Sample of Note of Joining

NOTE OF JOINING
FOR THE [name of the National Authority] OF [name of the Joining Nation]
TO PARTICIPATE IN THE
MEMORANDUM OF UNDERSTANDING
AMONG
THE [names of the National Authorities of the Sponsoring Nations, in alphabetical order]
...
AND
HEADQUARTERS, SUPREME ALLIED COMMANDER TRANSFORMATION
CONCERNING
THE FUNCTIONAL RELATIONSHIP REGARDING
THE NATO STRATEGIC COMMUNICATIONS CENTRE OF EXCELLENCE

THE [name of the National Authority] OF [name of the Joining Nation]

HAVING DECIDED to broaden its participation in NATO's overall strategic communications transformation efforts; and

CONSIDERING its participation in the NATO StratCom COE, located in Republic of Latvia as a Sponsoring Nation as agreed in the Note of Joining to participate in the Memorandum of Understanding among [names of the Participants to the Operational COE MOU] concerning the Establishment, Administration and Operation of the NATO StratCom COE signed on [date of signing of the COE Operational MOU];

CONSIDERING [additional considerations];

ELECTS to participate in the Memorandum of Understanding among [names of the Sponsoring Nations to the COE Functional MOU], as well as Headquarters, Supreme Allied Commander Transformation, concerning the Functional Relationship regarding the NATO StratCom COE, which came into effect on [date of entry into force of the COE Functional MOU].

For the [name of the National Authority] of [name of the Joining Nation]:

Signature:
Name:
Appointment:
Place/Date:

Page 2 / [total number of pages]

The [names of the Participants to the COE Functional MOU except HQ SACT], as well as Headquarters, Supreme Allied Commander Transformation, as the Participants to the NATO StratCom COE Functional MOU,

WELCOMING the expressed commitment by the [name of the National Authority] of [name of the Joining Nation];

AGREE with the [name of the National Authority] of [name of the Joining Nation] joining them as a Participant to the NATO StratCom COE Functional MOU under the terms outlined in this Note of Joining.

This Note of Joining will come into effect on the date on which the last signature is appended to it, or to the Note of Joining for the [name of the National Authority] of [name of the Joining Nation] to participate to the NATO StratCom COE Operational MOU.

This Note of Joining is signed in one original and in the [name of the languages] language(s). The original document will be deposited with HQ SACT, which will provide certified copies to all Participants to the NATO StratCom COE Functional MOU, as well as to the NATO StratCom COE itself and the Joining Nation. This joining will be duly recorded in the NATO StratCom COE's Functional MOU Record of Change.

For the [name of the National Authority] of [name of the first Sponsoring Nation in the alphabetical order]:

Signature:
Name:
Appointment:
Place/Date:

[Etc.]

Page 3 / [total number of pages]

For the Headquarters, Supreme Allied Commander Transformation:

Signature:
Name:
Appointment : Supreme Allied Commander Transformation
Place/Date:	Norfolk, United States of America,

Page 4 / [total number of pages]

Annex B to the NATO StratCom COE Functional MOU

Record of Change

DATE OF THE CHANGE	DESCRIPTION OF THE CHANGE	DOCUMENT OR DECISION GENERATING THE CHANGE	COMMENTS, DATE OF PROMULGATION, NAME, APPOINTMENT AND SIGNATURE OF THE PROMULGATING AUTHORITY

Page 1 / [total number of pages]