Enclosure (3) to COMDTINST 5710.3
6. Third Tier Issue: If the proposed agreement is being concluded to implement an existing
agreement (i.e., an agreement to implement an existing operational agreement), parties
should avoid language that would require yet a third agreement for additional
implementation.
7. Customs Clearances/Arrangements: Many agencies and their foreign counterparts seek
reciprocal exemptions from customs fees or tariffs on equipment and materials transported
into and from the other Party's territory that are used in cooperative activities through a
special section in the agreement. This section can generally be expanded to include coverage
of personal effects of personnel involved, but should not be extended to cover sales, VAT,
income, or property tax exemptions.
8. Status of Forces or Visiting Force Agreements: In certain undertakings, such as personnel
exchange agreements and international maritime interdiction support agreements, it may be
necessary to reference by incorporation existing status of forces or visiting force agreements.
If the United States does not have such agreements with the partner nation (or if an existing
agreement does not include the Coast Guard), then it may be necessary to negotiate language
formalizing the diplomatic status of persons covered by the proposed agreement.
9. Security Obligations: Some agreements, particularly science and technology agreements,
contain an annex on security obligations. The annex typically contains two parts: The first is
designed to protect against the provision or disclosure of information or equipment that is
classified or protected due to national defense or foreign policy reasons. Typically, there will
be a provision to notify and consult the other Party when one Party becomes aware that such
classified or protected information or equipment has been provided to it. The second part
concerns technology transfer, and aims to ensure that export-controlled information or
equipment is transferred lawfully and not re-transferred without authorization.
10. Duration of the Agreement: If the proposed agreement is to implement an existing umbrella
agreement, the duration of the two agreements should be co-terminus, i.e., the duration of the
proposed agreement should not exceed the current duration of the umbrella agreement.
11. Final Clause: The following text represents the recommended language for the closing
section of a proposed agreement:
DONE at [insert city name] in duplicate in the English language, this [insert date spelled
out] day of [insert month spelled out] [insert year].
Or if in two languages:
DONE at [insert city name or names] in duplicate in the English and [insert other
language] languages this [insert date] day of [insert month] [insert year], both texts being
equally authentic.
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