1. International Cooperative Program (ICP) International Agreements (IAs)
Basics

2. Lesson Outline DoD International Acquisition & Exportability (IA&E)
What are International Cooperative Programs (ICPs)
What are ICP International Agreements (IAs)?
What is the OUSD/A&S ICP IA Business Process?

3. International Acquisition and Exportability Elements
Assess early
Develop and implement a combined domestic and international acquisition plan
Pursue ICP opportunities and plan for Defense Sales & Transfers
IA&E Assessment
(Early in Program Development )
Acquisition Strategy
(Int’l Involvement Section)
International Business Plan (IBP)
(Mature Programs)

4. International Cooperative Program (ICP)
An international cooperative program (ICP) is any acquisition program or technology project that includes participation by the U.S. and one or more foreign nations, through an international agreement, during any phase of a system’s life cycle.
DoDI , Operation of the Defense Acquisition System, Enclosure 2, para 7. b. (1)

5. Int’l Coop Program (ICP) Process
Opportunity
Identification & Assessment
Request Authority to Develop (RAD)
International Agreement
Negotiation
Request Final Approval (RFA)
International Agreement
Signature
Cooperative Program
Execution
OUSD(A&S) International Agreements (IA) Process
Opportunity identification & Assessment
Identifying a potential cooperative opportunity, conducting exploratory or technical discussions, and assessing viability of the effort
Request Authority to Develop (RAD)
Staffing of the RAD/Summary Statement of Intent (SSOI) “business case” within Component OSD to obtain approval to negotiate
IA Negotiation
Negotiating the International Agreement (IA) with partner nation(s) after obtaining authority through RAD approval
Request Final Approval (RFA)
Obtaining approval to sign the IA based on Component and OSD staffing of the IA text and an updated SSOI
IA Signature
Obtaining U.S. and partner nation(s) signature of the IA
ICP Execution
Executing the cooperative project/program in accordance with the signed IA

6. ICP Identification & Assessment
Conceptual & Less Formal
Documented & Formal
Identify
Led by DoD
Component IPO
& Managed by OUSD/IC/A&S
Increasing DoD Component IPO Involvement
Define U.S. ICP trade space
Engage potential partner nation(s)
Explore
ICP
IA Process
Identify potentially viable partners
Consider “scope” alternatives
Arrange exploratory discussions
Validate
Request for Authority to Develop (RAD)
Request for Final Approval (RFA)
Approval, Signature & Implementation
Conduct tech discussions
Define rough scope of ICP
Confirm viability and level of commitment
Normally PMO-Led Efforts
Use DAU ICP Job Support Tool (JST) to plan and organize your efforts

7. S&T, R&D or System Cooperation?
Generic ICP Model
Data Exchange
Cooperative
S&T or R&D Projects
System Level Cooperation
DEA/IEA
RDT&E MOU PA
Program-Specific MOU
S&T community makes this transition
How does PMO make this transition?
Scope alternatives include
S&T cooperative projects
Program-related cooperative R&D projects
Full scope system level cooperative program
Bilateral or multilateral or parallel U.S. – partner bilaterals?

8. Nature of International Agreements
Each International Agreement (IA) is unique
Not a Treaty, but much more than an international handshake
An Executive Department Agreement that may have a Congressional reporting requirement
Often legally binding for the U.S. (but not always)
Only politically, morally binding for some partners
Enforceable if terms violated?
Reciprocal

9. International Agreement Definition
Any agreement concluded with one or more foreign governments (including their agencies, instrumentalities, or political subdivisions) or with an international organization, that:
(1) Is signed or agreed to by personnel of any DoD Component, or by representatives of the DoS or any other Department or Agency of the U.S. Government;
(2) Signifies the intention of its parties to be bound in international law;
(3) Is denominated as an international agreement or as a memorandum of understanding, memorandum of agreement, memorandum of arrangements, exchange of notes, exchange of letters, technical arrangement, protocol, note verbal, aide memoire, agreed minute, contract, arrangement, statement of intent, letter of intent, statement of understanding, or any other name connoting a similar legal consequence.
DoDD , International Agreements

10. Int’l Coop Program (ICP) Process
Opportunity
Identification & Assessment
Request Authority to Develop (RAD)
International Agreement
Negotiation
Request Final Approval (RFA)
International Agreement
Signature
Cooperative Program
Execution
OUSD(A&S) International Agreements (IA) Process
Opportunity identification & Assessment
Identifying a potential cooperative opportunity, conducting exploratory or technical discussions, and assessing viability of the effort
Request Authority to Develop (RAD)
Staffing of the Summary Statement of Intent (SSOI) “business case” within Component and OSD to obtain approval to negotiate
IA Negotiation
Negotiating the International Agreement (IA) with partner nation(s) after obtaining authority through RAD approval
Request Final Approval (RFA)
Obtaining approval to sign the IA based on Component and OSD staffing of the IA text and an updated SSOI
IA Signature
Obtaining U.S. and partner nation(s) signature of the IA
ICP Execution
Executing the cooperative project/program in accordance with the signed IA

11. The Streamlined ICP IA Process
Streamlines OSD portion of the ICP IA process
In effect since the mid-1990s; mature and well understood; designed to OSD-Interagency coordination (staffing) time
Significantly changes DoDD process
Applies to all A&S/R&E-related IAs
ICP IA process details in Defense Acquisition Guidebook (DAG) Chapter 1, Supplement 1, Section 6 published February 2017
ICP IA development, negotiation, and approval process best practice advice contained in in DAU’s ICP Job Support Tool

12. ICP IA Process Overview
Exploratory
Discussions
A&S is Process Owner
Director of International Cooperation, USD(A&S)/IC
Responsible for international cooperation policy & providing international agreement approvals to DoD Components
SSOI
Development
Request Authority
to Develop (RAD)
Negotiations
Request for Final
Approval (RFA)
Sign
Agreement
Timeline
Highly dependent on international agreement complexity
For simple Project Agreements (PAs), ~6-9 months from RAD to agreement signature (but it can be faster)
Complex multilateral MOUs can take significantly longer
Execute
ICP

13. DoD Component General Counsel Role
ICP IA Process Roles
Reviews and coordinates RAD and RFA within Component and through A&S/IC (incl. OSD, Interagency, and Congress)
Develops the IA using the International Agreement (IA) Generator or “PA” template
Staffs the IA for Component and higher level approvals
Leads development of IA negotiation positions
Serves as chief IA negotiator
DoD Component IPO Role
Prepares the draft SSOI (esp. program/funding and TSFD/EC-related content)
Provides management and technical aspect of the IA
Supports development of IA negotiating positions and negotiations for complex IAs
PMO Role
Advice on RAD/RFA & IA legal and policy aspects
DoD Component General Counsel Role

14. ICP IA Process – Draft Text Development
Generation of MOU Text
Internal Component
Staffing
US-Only Document/System
DOD IA
Generator

15. DoD Int’l Agreements Generator
A&S-maintained MS Word document, normally referred to as IA Gen
Standard and alternative text for common types of ICP IAs
Conforms to ICP-related U.S. laws, regulations, and policies as well as many of those of most partner nations
Two basic versions -- Non-Chapeau and Chapeau …
Contains instructions for ICP IA development and negotiations and key DoD policy references associated with each IA Section

16. IA Gen Drafting Considerations (1)
Many IA Gen sections are interdependent
Some key IA Gen sections (e.g., Management, Financial, Contracting, Third Party Sales & Transfers) require a choice among alternative section texts
DoD’s opening position on ICP IA scope of work and cost sharing arrangements has a major impact on the choice of alternatives in these key sections
The choice of alternative text in one of these sections impacts the alternative text choices in other sections

17. IA Gen Drafting Considerations (2)
DoD’s opening position on ICP IA scope of work and cost sharing must be aligned with DoD legal authorities cited in RAD SSOI
Legal authority choices require use of specific text alternatives in key IA Gen sections (e.g., Management, Financial, Contracting, Project Equipment, Disclosure and Use of Information)
ICP IA scope of work and cost sharing arrangements may change during negotiations – if so, realignment between ICP IA negotiated text and RAD SSOI legal authorities may be affected
Legal authority choices also affect RFA and signature process timeline (e.g., 2350a certification, Sec 27 notification to Congress)

18. DAU IA&E and ICP IA Courses/Tools
Today’s IA NW Workshop focuses on selected aspects of ICP IA formulation, development, negotiation, and implementation
For more comprehensive training on ICP IAs, please take advantage of the following
ACQ 120, Fundamentals of Int’l Acquisition, lessons 7, 8, and 9
DAU ICP Job Support Tool (JST)
ACQ 340, Advanced International Management Workshop (AIMW), prior to actual IA development and negotiation

19. ACQ 340 Exercise Simulations
OUSD(A&S) International Agreements (IA) Process
Opportunity
Identification & Assessment
Request Authority to Develop (RAD)
International Agreement
Negotiation
Request Final Approval (RFA)
International Agreement
Signature
Cooperative Program
Execution
Tues AM
Tues PM
Thurs PM
Fri AM
RAD/SSOI Review
Exercise
DoD IA Review
Exercise
IA Schedule Planning
Exercise
International
IA Negotiation
Exercise
Wed PM
SSOI Drafting
Exercise
DoD IA Drafting
Exercise
Tues AM

20. Questions?