4.
DEFINITIONS. A MOU is a document that describes very broad concepts of mutual
understanding, goals and plans shared by the parties. In contrast, a MOA is a document
describing in detail the specific responsibilities of, and actions to be taken by, each of the
parties so that their goals may be accomplished. A MOA may also indicate the goals of the
parties, to help explain their actions and responsibilities. The parties to a MOU/MOA
covered by this instruction are the United States Coast Guard and one or more governmental
or private entities.
5.
MOU/MOA LIMITATIONS. Every Coast Guard MOU and MOA must be consistent with
the Coast Guard mission and be authorized by federal law, regulations and funding
constraints. Additionally, the existence of a MOU or MOA does not eliminate or diminish
the need for additional contracts, documents, or agreements to execute the activities
contemplated by the parties. Neither this Instruction nor any MOU/MOA can be used as the
sole authority or means to acquire or procure goods or services, exchange funds or property,
or transfer or assign personnel. Although the MOU/MOA can address those issues and
indicate the goals and intent of the parties, all Coast Guard personnel must comply fully
with pertinent contracting and procurement regulations and references (a) through (c).
Additionally, although a MOU/MOA can address the following special situations, it cannot
be used as the sole means to effect the following agreements or actions:
a.
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