also be provided if available.
g.
Modification. A provision stating how to modify or amend the agreement is included.
Modifications can be formal (written) or informal (oral). They can be approved by the
Points of Contact, by the signatories, or other appropriate individuals. While it is
often appropriate for those at the working level to make modifications, either orally or
in writing, modifications that change central provisions of the agreement should
normally be made in writing and agreed to by the individuals who originally approved
the MOU/MOA or their successors.
h.
Effective Date. The date the MOU/MOA becomes effective must be stated. This may
be a specified date after the MOU/MOA is signed by all parties or it may be the date
the last party signs the agreement.
i.
Termination. The MOU/MOA must contain several provisions regarding termination.
The document will indicate that it will terminate on a certain date, upon the
accomplishment of its purpose, or upon agreement of the parties. The MOU/MOA
will also contain a provision indicating whether the duration of the agreement may be
extended and, if so, the extension mechanism (e.g. by written agreement of the
parties). Finally, the agreement will indicate whether a party may terminate the
agreement early (usually by written notice to the other parties).
9.
APPROVING OFFICIAL. The Coast Guard is a party to the agreement, not the person
signing for the Coast Guard. Therefore, that person must have the authority to sign the
MOU/MOA and commit the Coast Guard. In determining who that official is, refer to the
statute, regulation or directive authorizing Coast Guard participation in the MOU/MOA.
Other sources of authority are the Coast Guard Organization Manual, COMDTINST
M5400.7 Series, and the instruction on Delegation of Authority, HQINST M5402.3 Series.
If the head of another Department or Agency is signing the agreement for another party, the
agreement must be coordinated with the Office of the Secretary of Transportation. See 49
C.F.R. SS 1.44(i). Even if the authority to sign a MOU/MOA has been delegated to an
Assistant Commandant or Director/Chief of Directorate, or an Area, MLC or District
Commander, if a Uniformed Service Chief or Agency head is signing for another party, it
may be appropriate for the Commandant to sign as a matter of protocol.
10.
CLEARANCE. Clearance of a proposed MOU/MOA can be either consecutive or
concurrent. Early coordination and communication with interested offices, and the use of e-
mail for reviewing and editing a draft MOU/MOA is encouraged. Prior to submitting a
MOU/MOA to the approval authority for signature, the originating office shall ensure that
the MOU/MOA does not conflict with any preexisting agreements. The originating office
shall also ensure that all interested program offices and the servicing legal office have
reviewed the MOU/MOA.
11.