MoUs or other written arrangements between the Parties’ national defense organizations for defense cooperation activities that involve the Assignment of personnel shall be governed by the following terms in addition to those set forth in Articles I through XIII of this Agreement, when this Agreement is explicitly invoked by such MoUs or other written arrangements subject to this Agreement:

1. The following terms shall have the indicated meanings when used in this Annex:

1.1. “Assignment” shall mean the assignment, placement, exchange, or liaison of National Defense Units and Personnel of one Party to exchange, liaison, cooperative project, or other positions within the national defense organization of the other Party. The words “assigned” and “assigns” shall have a meaning corresponding with the meaning of the word “Assignment.”

1.2. “Classified Information” shall mean Information provided by one Party to the other Party that is designated, and, for all such forms other than oral, marked as classified by the releasing Party for national security purposes and therefore requires protection against unauthorized disclosure. Classified Information may be in oral, visual, electronic, or documentary form, or in the form of material, including equipment or technology.

1.3. “Controlled Unclassified Information” shall mean unclassified Information to which access or distribution limitations have been applied in accordance with applicable national laws, regulations, and policies of the Parties and that it is designated, and, for all such forms other than oral, marked as such by the releasing Party or Parties as applicable. It includes Information that is exempt from public disclosure or that is subject to export controls.

1.4. “Host Government” shall mean the national government of the Host Defense Organization, as well as all political subdivisions thereof.

1.5. “Host Defense Organization” shall mean the national defense organization to which a National Defense Unit or Personnel of the Parent Defense Organization is assigned pursuant to the MoUs or other written arrangements subject to this Agreement.

1.6. “Information” shall mean knowledge that can be communicated by any means, regardless of form or type, including, but not limited to, that of a scientific, technical, business, or financial nature, and also including photographs, reports, manuals, threat data, experimental data, test data, computer software, designs, specifications, processes, techniques, inventions, drawings, 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 intellectual property rights.

1.7. “National Defense Units and Personnel” shall mean units and personnel within the definitions of “force” and “civilian component” in Article I of the NATO SOFA, or within the definition of “United States personnel” in Article I of the Caribbean SOFA, or in the Stationing Agreement, and does not include employees and agents of contractors.

1.8. “Parent Government” shall mean the national government of the Parent Defense Organization, as well as all political subdivisions thereof.

1.9. “Parent Defense Organization” shall mean the national defense organization of the Parent Government that assigns a National Defense Unit or Personnel to the Host Defense Organization, pursuant to the MoUs or other written arrangements subject to this Agreement.

1.10. “Security Assurances” shall mean a written confirmation, requested by and exchanged between governments, that contains the following elements: verification of the personnel security clearance level of the Parent Government’s citizens or nationals; a statement by a responsible official of the Parent Government confirming its citizens or nationals are approved to access the Classified and Controlled Unclassified Information relevant to the Assignment on behalf of the Parent Government; and an obligation that the government shall ensure compliance with any security agreements or other security requirements specified by either government.

2. The Parent Defense Organization shall provide the Host Defense Organization with the appropriate Security Assurances for National Defense Units and Personnel prior to the commencement of the Assignment. Security Assurances shall be filed through official channels and in accordance with the established visit procedures of the Host Defense Organization. Access to Classified Information and Controlled Unclassified Information shall not occur until such security assurances have been received by the Host Defense Organization.

3. Assigned National Defense Units and Personnel shall comply with the security and disclosure laws, regulations, and policies of both Parties concerning Classified Information and Controlled Unclassified Information and all applicable international agreements and arrangements between the Parties.

4. All Classified Information exchanged or disclosed to assigned National Defense Units and Personnel pursuant to the MoUs or other written arrangements subject to this Agreement shall be subject to and protected in accordance with the Agreement Between the United States of America and the Kingdom of the Netherlands Relating to the Safeguarding of Classified Information, concluded by exchange of notes at Washington, D.C., on August 18, 1960, as amended, and the Security Implementing Arrangement for Operations Between the Department of Defense of the United States of America and the Minister of Defence of the Kingdom of the Netherlands, with Appendices, signed at The Hague and Washington January 31, 2006, and March 13, 2006, to the extent applicable.

5. Access to Controlled Unclassified Information by assigned National Defense Units and Personnel shall be authorized by the Host Defense Organization and shall be granted only as necessary to fulfill the purpose for the Assignment.

5.1. Controlled Unclassified Information provided by or produced in cooperation with the Parent Defense Organization shall be made available by the assigned National Defense Units and Personnel to the Host Defense Organization only on the condition that it shall not be released to a third party (as may be defined in the MoUs or other written arrangements subject to this Agreement) by the Host Defense Organization without the prior written approval of the appropriate authorities of the Parent Government.

5.2. Disclosure of Controlled Unclassified Information by the Host Defense Organization to assigned National Defense Units and Personnel shall not be deemed a license or an authorization to use such Information for any purpose other than for the purpose of the Assignment.

6. Assigned National Defense Units and Personnel and their dependents shall be accorded exemptions, privileges, and immunities to the extent authorized by the applicable laws and regulations of the Host Government, any applicable status of forces agreement between the Parties, or other applicable international agreement or arrangement between the Parties. Criminal and disciplinary jurisdiction shall be exercised in accordance with any such agreements between the Parties, including but not limited to the NATO SOFA, the Caribbean SOFA, and the Stationing Agreement. Nothing in this agreement derogates from the exemptions, privileges, and immunities accorded by Host Government law or international agreement or arrangement.

7. Assigned National Defense Units and Personnel shall observe relevant Host Government laws and shall abstain from any activity inconsistent with the provisions of any MoUs or other written arrangements subject to this Agreement, and from all political activity in the territory of the Host Government.