MEMORANDUM OF UNDERSTANDING BETWEEN THE DEPARTMENT OF STATE AND THE DEPARTMENT OF DEFENSE ON SECURITY ON THE ARABIAN PENINSULA
I. Authority and Purpose
This Memorandum of Understanding (MOU) is entered into between the
Department of State (DOS) and the Department of Defense (DOD) in accordance with the Omnibus Diplomatic Security and Antiterrorism Act of 1986, as amended, 22 U.S.C. §§ 4801 et seq. (Diplomatic Security Act). Nothing in this MOU shall be construed to limit or affect Chief of Mission authority,
The purpose of this MOU is to define clearly the authority and responsibility for the security of DOD elements and personnel on the Arabian Peninsula, that are not under the command of the Commander in Chief, USCENTCOM (CINC).
II. Countries Covered by this MOU
The countries covered by this MOU (hereinafter referred to as the "covered countries") are Bahrain, Kuwait, Oman, Qatar, Saudi Arabia, United Arab Emirates, and Yemen.
III. Allocation of Security Responsibility for DOD Elements and Personnel
A. Pursuant to 1 0 U.S.C. § 164 and 22 U.S.C. § 4802, the Secretary of Defense and the CINC are responsible within the covered countries for the security of all DOD elements and personnel under the command of the CINC. Nothing in this MOU alters or affects the responsibility of the Secretary of Defense and the CINC for the security of such elements or personnel.
B. Pursuant to 22 U.S.C. § 4802, the Secretary of State is responsible within the covered countries for developing and implementing policies and programs to provide for the security of DOD elements and personnel not under the command of the CINC. Pursuant to this MOUs and in accordance with 22 U.S.C. §§ 4802 and 4805(a), the Secretary of State and the Secretary of Defense have agreed that the Secretary of Defense and his delegees shall assume responsibility for providing for the security of such DOD elements and personnel in the covered
countries, subject to the standards, limitations and exceptions set out in this MOU.
C. In accordance with 22 U.S.C. § 4805(a), the Secretary of State retains ultimate authority and responsibility for the security of the DOD elements and personnel covered by paragraph B of this section, and the Secretary of Defense shall be responsible to the Secretary of State for the exercise of the responsibilities assumed under this MOU.
D. notwithstanding paragraph B of this section, the Secretary of State shall retain responsibility for the security of the following DOD elements and personnel in the covered countries:
1. Defense Attaché Offices;
2. Marine Security Guard Detachments;
3. DOD personnel detailed to other USG departments or agencies;
4. DOD elements or personnel that form an integral part of the U.S. Country Team in a covered country, and are specifically enumerated in a written agreement between DOS and DOD pursuant to this MOU; and
5. DOD elements or personnel for which security responsibility has been assumed by the Chief of Mission (COM) in a covered country, pursuant to a written agreement entered into by the COM and the CINC. DOD personnel on temporary duty or not assigned to units shall remain under the security responsibility of the Secretary of Defense unless they are included in such an agreement. The COM and CINC shall consider such personnel for inclusion in such an agreement prior to their arrival in country or, when prior consideration is not possible, promptly upon their arrival.
A. In each of the covered countries, the Secretary of Defense shall develop I and implement security standards for the DOD elements and personnel for which DOD assumes security responsibility pursuant to this MOU.
B. Such security standards shall include protection of personnel, property and information.
C. Such security standards shall be appropriate to the threat level to which the covered DOD elements and personnel are subject, and shall normally be no less protective than the security standards applied by DOS in the covered country. In the event that the CINC concludes that these standards are not appropriate for the unique circumstances of a specific element or category of elements, the COM and the CINC shall agree to an alternative standard that addresses those circumstances. If the COM and CINC are unable to formulate an agreed alternative standard, they shall refer the matter promptly to Washington for resolution by the Secretaries' designated representatives under the procedures described in Section V(B).
D. The COM and the CINC shall make every effort to consult and coordinate responses to common threat levels.
V. Implementation, Coordination and Dispute Resolution
A. In each covered country, the COM and the CINC, acting when appropriate through their designated representatives, shall serve as the delegates of the Secretary of State and the Secretary of Defense, respectively, for implementation and coordination under this MOU.
1. The designated representatives of the COM and the CINC shall consult as frequently as necessary to review the implementation of this MOU.
2. Among other things, the COM and CINC shall ensure that DOD personnel on TDY or not assigned to units are considered promptly for possible inclusion in an agreement pursuant to Section III(D)(5).
3. In the event that issues arise under this MOU that the COM and CINC are unable to resolve, they shall promptly refer such issues to the Washington representatives designated by the Secretary of State and the Secretary of Defense for resolution.
B. The Secretary of State and the Secretary of Defense shall designate representatives to meet as frequently as necessary, but no less often than quarterly, for the purpose of reviewing the implementation of this MOU.
1. In the event that the implementation of this MOU gives rise to differences between the COM and the CINC in a covered country, they shall refer the matter to Washington so that the representatives designated by the Secretaries may attempt to resolve the differences.
2. In the event that the Secretaries' representatives are unable to resolve any such difference, or any other issue that may arise under this MOU, they shall promptly refer the matter to the Under Secretary of State for Management and the Under Secretary of Defense for Policy for resolution.
3. In the event that any matter cannot be resolved under the procedures specified above, it shall be referred to the Secretary of State and the Secretary of Defense for resolution In the event of continued disagreement, the Secretary of State shall decide the matter.
VI. Chief of Mission Authority
A. This MOU affects only the allocation of responsibility for the security of DOD elements and personnel in the covered countries that are not under the command of the CINC. The authorities of the COM, including those under section 207 of the Foreign Service Act of 1980, 22 U.S.C. § 3927, and NSDD-38, shall not be altered or affected by this MOU. Except for the allocation of security responsibilities under this MOU , the responsibilities of the COMs under the Presidents Letter of Instruction to Chiefs of Mission shall not be altered or affected.
B. The COM in each covered country shall retain responsibility for
liaison with host-country authorities concerning security issues affecting DOD elements and personnel that are not under the command of the CINC. The CINC's representative shall have authority to consult directly With local and provincial officials on security matters affecting DOD elements and personnel over which he exercises security responsibility pursuant to this MOU, but shall coordinate with the COM's representative in advance for such liaison activities with national authorities at the national seat of government. Notwithstanding the above, the CINC's representatives shall, in every case, ensure that the COM is fully and currently informed of any liaison activities relating to the security of those DOD elements and personnel that are under the security responsibility, but not the command, of the CINC.
C. In accordance with section 207 of the Foreign Service Act of 1980 and the Presidents Letter of Instruction, the COMs in each covered country and the CINC shall continue to keep each other currently informed and cooperate on all matters of mutual interest.
VII. Identification of DOD Elements and Personnel
A. In order to facilitate the implementation of this MOU, to permit the effective exercise of COM authority where applicable, and to clarify the respective authorities and responsibilities of DOS and DOD in the covered countries, DOD shall provide to DOS an inclusive list of all DOD elements and personnel within the covered countries, and shall indicate which are under the command of the CINC. The list shall be updated every 6 months.
B. In addition, DOD personnel on TDY or not assigned to units shall be notified separately to the COM prior to their arrival in country or, when this is not possible, promptly upon their arrival.
C. It is understood between the parties that all DOD elements and personnel identified as not under CINC command remain under COM authority, as provided in section VII, but that security responsibility for such elements and personnel is assumed by DOD, unless security responsibility is otherwise allocated pursuant to this MOU.
A. Administrative support costs for DOD personnel shall be determined in accordance with the applicable reimbursement procedures then in effect.
B. DOD shall be responsible for funding the development and implementation of security programs for DOD elements and personnel for which it assumes responsibility under this MOU.
IX. Other Agreements and Arrangements
All existing agreements and arrangements, however styled, between DOS and DOD shall remain in force to the extent that they do not conflict with the provisions of this MOU.
X. Implementation and Termination
A. This MOU shall become effective immediately upon signature by the representatives of DOS and DOD designated below. It shall remain in force until terminated,
B. This MOU may be terminated by either party. Termination shall occur sixty days after a party gives notice of its intention to terminate, unless the parties agree to a different period.
Secretary of State
Date: SEP 15 1996
WILLIAM J. PERRY
Secretary of Defense
Date: 15 September 1996