Principles governing a scientist and engineer exchange program

I. Introduction

This Annex sets forth the terms, conditions and procedures which shall govern a scientist and engineer exchange program (“the Exchange Program”) between The Ministry of Defense of the Kingdom of The Netherlands (“NL MOD”) and the Department of Defense of the United States (“US DOD”), hereafter referred to as “The Parties”. Professional knowledge of both Parties shall be shared for maximum mutual benefits to the extent authorized by the policies, laws and regulations of the United States and The Netherlands.

II. General Principles

In order to implement the Exchange Program, the Parties agree to provide on-site working assignments to selected scientists and engineers from the other Party (hereafter referred to as “the Exchange Personnel”) in US DOD and NL MOD research, development and logistics facilities. The work assignments shall provide Exchange Personnel with knowledge of the organization and management of Host Party research and development activities related to conventional military systems. This Exchange Program shall not include technical training nor is it to be used as a mechanism for obtaining technical data related to the design, development and manufacture of military systems. Exchange of scientists and engineers under this Annex shall be conducted on a reciprocal basis so that value to each Party shall be essentially equal.

The Exchange Program shall be administered by Executive Agents. The Executive Agent for the US DOD is the Department of the Army; for the NL MOD, the Executive Agent is the Netherlands Organization for Applied Scientific Research (TNO). The program shall be administered in compliance with Appendix A.

III. Selection and Assignment of Candidates

Participation in the Exchange Program is restricted to military officers and civilian employees of the US DOD and the NL MOD and to employees of the Netherlands Organization For Applied Scientific Research TNO and National Aerospace Laboratory (NLR) and the Maritime Research Institute of the Netherlands (MARIN) working on behalf of the MOD.

The placement of each candidate nominated under this program is conditional upon the ability of the Host Party to provide work assignments commensurate with the purpose and scope of the program for a mutually agreed period.

Candidates should hold at least a baccalaureate degree in a scientific field and should have at least two years practical experience in the technical area related to the position to which they are assigned. Some exchanges, however, may require higher academic qualifications.

To assist in the evaluation and selection of candidates, the NL MOD and the US DOD shall provide background resumes, areas of interest, and assignment objectives for each candidate, following the format of Attachment 1 of Appendix A, at least 12 months prior to the desired date of assignment. It shall be the responsibility of the Host Party Executive Agent to provide, within 6 months of the desired date of assignment, a position description for available positions. The position description shall follow the outline at Attachment 2 of Appendix A. Final selection of candidates, and their assignment to a position nominated by the Host Party, shall be by mutual agreement between the NL MOD and the US DOD.

Exchange Personnel shall not act in a liaison capacity or otherwise act as representatives of their respective Party or government while assigned to an exchange position, nor shall they act as representatives of the Host Party or Host Government or the facility to which they are assigned. They shall perform functions only as described in the position description of the position to which assigned.

IV. Costs

Costs incurred as a result of the participation of Exchange Personnel under this Annex shall be borne by the Party providing the Exchange Personnel (the “Parent Party”), to the extent authorized by the governing laws and regulations of the Parent Party, or by the Exchange Personnel themselves. Except as provided below, the Host Party shall not be responsible under this Annex for any of the expenses or costs of Exchange Personnel from the other Party.

Travel and per diem costs associated with travel performed in connection with assigned duties within the Host Country shall be paid by the Party requesting or directing such travel.

V. Security

During the selection process, each Party shall inform the other of the level of security clearance required, if any, to permit candidates access to classified information. Access to classified information shall be kept to the minimum required to accomplish the work assignment as determined by the Host Party based on the position description.

Each Party shall because to be filed, through The Netherlands Embassy in Washington, D.C., in the case of the NL MOD, and through the U.S. Embassy in The Hague, in the case of US DOD, the appropriate security assurances for each selected candidate. The security assurances shall be prepared and forwarded through prescribed channels in compliance with established Host Government and Host Party visit and accreditation procedures.

Exchange Personnel shall at all times be required to comply with security laws, regulations and procedures of the Host Government and Host Party. Any violation of security procedures by exchange personnel during his/her assignment shall be reported to the Party of origin for appropriate action.

All classified items, plans, specifications, or other information to which personnel participating in this program may have access shall be subject to all provisions and safequards provided for under the U.S./Netherlands General Security of Information Agreement, dated 18 August 1960 as amended 6 April 1981, and including the Industrial Security Annex thereto.

The Host Party and Parent Party shall ensure that all assigned Exchange Personnel are fully cognizant of applicable security laws and regulations concerning the protection of proprietary information (such as patents, copyrights, and trade secrets), classified information and other information to be disclosed under this program, both during and after termination of a participant’s assignment.

The data and information to be exchanged under this Exchange Program, as well as access to facilities, equipment and sites shall not extend to the release of RESTRICTED DATA or FORMERLY RESTRICTED DATA as defined in the U.S. Atomic Energy Act of 1954 as amended; to communications security information; to information for which foreign dissemination has been prohibited in whole or in part; to information for which a special access authorization is required; or to information which has not been specifically authorized for release to the Parent Government of the Exchange Personnel under applicable disclosure policies of the Host Government and Host Party.

To ensure the protection of proprietary, classified, and other information disclosed under this program, both during and after termination of a participant's assignment, all Exchange Personnel shall be advised of applicable security regulations and statutes and shall be required, prior to arrival in the Host Country, to sign the applicable agreements at Appendices B and C.

VI. Technical and Administrative Matters

To the extent authorized by its governing laws and regulations, the Host Party shall provide to Exchange Personnel, such administrative support as is deemed necessary for the efficient perfomance of their assigned tasks.