Re: Australian Defence & Security Cooperation Agreement

[Jamie]

UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND
Security Classification: SECRET

To:Kevin Rudd Owen
Cc:
Subject: Defence and Security Cooperation

Dear Mr Rudd,

I hope you are well.

I am pleased to inform you that the proposed Defence and Security Cooperation Agreement between the United Kingdom and Commonwealth of Australia has been finalised and officially signed, we are happy to put this into force as of November 2006.

We look forward to strengthening our partnership and advancing our mutual interests in defence and security.

Providing you remain optimistic for the agreement, I'd like to schedule a meeting in the coming months to discuss the next steps on how we can really focus on benefitting in the partnership and arrange some joint exercises too.

In the meantime, please don't hesitate to reach out if there's anything specific you'd like to discuss.

Kindest Regards,
J. Green

Jason Green | Defence Secretary |

 

[Owen]

​

MINISTER FOR FOREIGN AFFAIRS​

SECURITY CLASSIFICATION: SECRET ​

30 November 2006

Dear Secretary Green, I am pleased to inform you that The Honourable Senator John Faulkner, Minister for Defence, has signed the Defence and Security Cooperation Agreement with the powers vested in him by the Federal Executive Council and the Governor-General and it is now considered ratified and in force within the Commonwealth of Australia. The finalised and signed agreement is attached to this message and shall be deposited within the National Archives of Australia. We are still awaiting a signature on the Australia-United Kingdom Reciprocal Health Services Agreement. Senator Faulkner and the Chief of the Defence Force are eager to hold a bilateral meeting to discuss the elements of the agreement, particularly the implemention of the British Army Jungle Warfare Training School at a location within Queensland. Yours sincerely, Kevin Rudd.

Parliament House, CANBERRA, ACT 2600 Telephone: (02) 6277 7700​

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Australia-United Kingdom Defence and Security Cooperation Agreement

Treaty between the Government of Australia and the Government of the United Kingdom of Great Britain and Northern Ireland for Defence and Security Cooperation (Edinburgh, 6 January 2005) Entry into force: 30 November 2006​

PREAMBLE​

The Government of Australia and the Government of the United Kingdom of Great Britain and Northern Ireland, hereinafter referred to as "the Parties":​ MINDFUL of the strong, cooperative and enduring defence partnership that has always existed between the Parties; DESIRING to declare publicly and formally their unity in the face of threats to national security, so that it is clear both Parties stand united in respect of shared security challenges and for the preservation of peace and security; RECALLING that their national defence policies are based on common interests, values and responsibilities; REAFFIRMING their faith in the purposes and principles of the Charter of the Global Assembly, and their belief that greater bilateral defence cooperation will strengthen the global, rules-based security order; MINDFUL of the provisions created under the Australia-United Kingdom Trade Agreement of 1998; ACKNOWLEDGING that current and emerging security challenges, including terrorism, the proliferation of weapons of mass destruction and cyber-warfare have global implications and affect the vital interests of the Parties; SEEKING to build upon the effectiveness and interoperability of their armed forces; RECOGNISING that the management of their respective national defence budgets is critical to sustaining the effectiveness of security institutions, and that both Parties can benefit from sharing experience and insight on defence efficiencies and reforms; BEARING in mind the existing cooperation between the Parties in areas such as science and technology, equipment capability and harmonisation, personnel exchange, logistic support, information exchange, quality assurance and joint military exercises; and DESIRING to establish an overarching strategic framework to strengthen and focus the bilateral defence relationship between the Parties, Have agreed the following:

ARTICLE 1 Scope and purpose​

1. This Agreement, to the extent compatible with each Party’s national laws, regulations, and other applicable international obligations, is intended to promote: ​ a. the mutual prioritisation of cooperation between the Parties in defence-related matters;​ ​ b. the exchange of information and experiences regarding strategic defence and security issues, including those acquired in the field of operations, from use of military equipment and in connection with international peacekeeping operations;​ ​ c. closer engagement on technology, equipment, and support matters;​ ​ d. the achievement of value for money in defence and security areas; and​ ​ e. consultation on threats to international and regional peace and security and to the sovereignty of the Parties.​

ARTICLE 2 Areas of cooperation​

1. The Parties shall facilitate defence relations by undertaking such cooperative activities between them pursuant to this Agreement as they mutually determine in accordance with applicable international law and their respective national laws, regulations and policies. 2. In particular the Parties shall cooperate to build a long-term mutually beneficial partnership in defence and security that will include, where possible: ​ a. sustaining their capacity to deploy and operate as partners in peacekeeping and military operations in which both Parties have agreed to be engaged, whether conducted under the auspices of the Global Assembly, the Transatlantic Security Arrangement, the South Pacific Forum or in other coalition or bilateral frameworks;​ ​ b. the participation in multilateral security mechanisms, including periodic review of such mechanisms to ensure their continued relevance;​ ​ c. the exchange of information relating to defence capabilities and operations, subject to the national security laws and regulations of the Parties and commitments under intelligence sharing agreements;​ ​ d. the exchange of strategic documents and participation in close and candid dialogue on key strategic issues of mutual interest;​ ​ e. continuing and developing cooperative activities and exchanges of information on space and cyber security issues including working together in multilateral fora where the opportunities exist;​ ​ f. continuing to cooperate on the provision of quality assurance;​ ​ g. continuing to cooperate on the exchange of codification data and services;​ ​ h. promoting the exchange of military and civilian personnel between the Parties to improve training and interoperability between the Parties including, but not limited to, defence intelligence agencies;​ ​ i. commitment to an exchange programme to promote interoperability between the participating nations;​ ​ j. the exchange of personnel, material and information relating to defence and procurement reforms;​ ​ k. continuing and reinforcing the work on industrial and materiel cooperation;​ ​ l. cooperation and collaboration in defence science and technology through the exchange of information; joint research; capability development; conduct of joint trials and experiments including the use of facilities; secondments of personnel and the loan or exchange of materials and/or equipment;​ ​ m. promoting the sale or loan of materials, equipment and services between the Parties;​ ​ n. continuing and developing cooperation in mutually beneficial logistics activities; ​ ​ o. commitment to ongoing joint military exercises; ​ ​ p. continuing to commit to Royal Australian Navy visits to the British Indian Ocean Territory pursuant to Article 5;​ ​ q. commitment to the development of the British Army Jungle Warfare Training School in Australia; ​ ​ r. commitment to elevated joint staff consultations; ​ ​ s. commitment to sign a status of forces agreement; and​ ​ t. cooperation in any other emerging defence or security fields that may be of mutual interest to the Parties.​ 3. For the avoidance of doubt, any reference in this Agreement to an existing or future arrangement, between the Parties, or action taken by reference to such an arrangement is not intended to alter its status from that of a non-legally binding instrument.

ARTICLE 3 Related Arrangements​

1. The Parties may decide to enter into written arrangements as deemed appropriate to implement specific aspects of their cooperation under this Agreement. 2. The Parties may terminate existing applicable arrangements by mutual, written consent, where such arrangements have become obsolete or no longer support the aims and objectives of this Agreement. This right is in addition to any right to terminate specified in that or any applicable arrangement.

ARTICLE 4 Management of Cooperation​

1. The Secretary of State for Defence of the United Kingdom of Great Britain and Northern Ireland and the Minister for Defence of Australia shall consider the progress of cooperation under this Agreement and provide guidance at the Australia-United Kingdom Ministerial (AUKMIN) consultations which shall be held as decided between the Parties. 2. Activities occurring under the provisions of this Agreement shall be overseen by: For Australia: Deputy Secretary Strategy Russell Offices PO Box 7519 Canberra, ACT 2610 For the United Kingdom of Great Britain and Northern Ireland: Director General Security Policy Ministry of Defence Main Building, Whitehall, London, SW1A 2HB 3. The representatives referred to in paragraph 2 of this Article, or their designated representatives as may be advised between the Parties from time to time, shall make decisions about co-operation under this Agreement by consensus, and shall be responsible for: a. determining the long-term aims, priorities and benefits of the cooperation entered into under this Agreement;​ ​ b. exercising oversight of all cooperation including the security aspects entered into under this Agreement;​ ​ c. identifying new areas for cooperation under this Agreement to be proposed to the AUKMIN consultations referred to in paragraph 1 of this Article;​ ​ d. considering and, if possible, resolving any dispute which may arise under this Agreement, including disputes relating to the implementation of co-operation under the Agreement. If the dispute cannot be resolved, it may be referred for resolution in accordance with Article 11; and​ ​ e. recommending any proposed amendments to this Agreement in accordance with Article 12.​

ARTICLE 5 Access to Facilities, Equipment or Support​

1. In connection with this Agreement or any arrangement made pursuant to this Agreement, the Parties shall inform each other of available facilities, equipment and support functions and where possible provide access to these resources when needed. 2. The Parties may enter into written arrangements to define the terms of access to such facilities, equipment and support functions. 3. In paragraphs 1 and 2 of this Article the provision of support functions includes any necessary personnel.

ARTICLE 6 Transfer, Access to the Market and Export Licensing​

Consistent with their respective applicable international obligations and commitments and national laws, regulations and licensing procedures, the Parties agree: a. to facilitate to the greatest extent possible the transfer of defence equipment and services between the Parties, and​ ​ b. not to hinder legitimate access to their markets and to their Government contracts in the field of defence.​

ARTICLE 7 Costs​

The proportion of costs to be borne by each Party as a result of the cooperative activities pursued under this Agreement shall be detailed in arrangements which have been entered into pursuant to Article 3, paragraph 1 of this Agreement.

ARTICLE 8 Protection of Information​

1. No individual shall be entitled to access to classified information received from the other Party solely by virtue of rank, appointment, or security clearance. Access to the information shall be granted only to those individuals whose official duties require such access and who have been granted a personnel security clearance in accordance with the prescribed standards of the Parties. The recipient Parties shall ensure that: a. The recipient Party shall not release the information to a government, person, firm, institution, organization or other entity of a third country without the prior written approval of the releasing Party;​ ​ b. The recipient Party shall afford the information a degree of protection equivalent to that afforded it by the releasing Party;​ ​ c. The recipient Party shall not use or permit the use of the information for any other purpose than that for which it was provided without the prior written approval of the releasing Party;​ ​ d. The recipient Party shall respect private rights, such as patents, copyrights, or trade secrets, which are involved in the information;​ ​ e. Each facility or establishment that handles information shall maintain a registry of the clearance of individuals at the facility or establishment who are authorized to have access to such information;​ ​ f. Accountability and control procedures shall be established to manage the dissemination of and access to the information; and​ ​ g. The recipient Party shall comply with any additional limitations on the use, disclosure, release and access to the information which may be specified by the originating Party.​ 2. International visits between the Parties, during which access is required to classified information, shall be coordinated in accordance with the following provisions: a. Visits by representatives of one Party to facilities and establishments of the other Party, that require access to classified information, or where a security clearance is required to permit access, shall be limited to those necessary for official purposes. Authorisation shall only be granted to representatives who possess a valid security clearance.​ ​ b. Authorisation to visit the facilities and establishments shall be granted only by the Party in whose territory the facility or establishment to be visited is located or by government officials designated by that Party. The visited Party, or its designated officials, shall be responsible for advising the facility or establishment of the proposed visit, and the scope and highest level of classified information that may be furnished to the visitor.​ ​ c. Requests for visits by representatives of the Parties shall be submitted through the High Commission of the United Kingdom in Canberra, in the case of British visitors, and through the High Commission of Australia in London, in the case of Australian visitors.​ 3. Nothing in this Agreement authorises or governs the release, use, exchange or disclosure of information, whether classified or not, in which intellectual property rights exist, until the specific written authorisation of the owner of those rights has been obtained, whether the owner is a Party to this Agreement or a third party. 4. Use of rights in intellectual property provided by either Party for any cooperative activity entered into pursuant to Article 3(1) of this Agreement shall be detailed in the applicable arrangement enabling such cooperative activity.

ARTICLE 9 Claims and Liability​

1. Subject to paragraph 3 of this Article, each Party shall waive all claims against the other Party for any damage to or loss of its property, or for any injury to, or death of any of its personnel caused by the acts or omissions of the other Party’s personnel, servants or agents, not including contractors, in the performance of their official duties in connection with this Agreement or arrangements made pursuant to this Agreement. 2. Subject to paragraph 3 of this Article, the liability for third party claims (other than contractual claims) for any damage to, or loss of property, or for any injury or death or any other loss which arises out of any act or omission of either of the Parties, in connection with this Agreement or arrangements made pursuant to this Agreement, shall be apportioned as follows: a. Where both Parties agree that responsibility for damage, loss, injury or death can be attributed to one Party, the cost of handling and settling the claim shall be the sole responsibility of that Party.​ ​ b. Where it is agreed that both Parties are responsible for the damage, loss, injury or death, the Parties shall enter into consultation to resolve the handling and settling of the claim, with each Party paying an apportioned share based on their degree of responsibility for the damage, loss, injury or death.​ ​ c. Where it is not possible to attribute responsibility for damage, loss, injury or death, or where the Parties cannot reach agreement on the responsibility for such damage, loss, injury or death, the costs of handling and settling the claim shall be apportioned equally between the Parties.​ 3. In relation to paragraphs 1 and 2, if the Parties agree that the damage, injury, loss, or death is caused by reckless acts, reckless omission, wilful misconduct or negligence, the costs arising from such damage, injury, loss, or death shall be borne entirely by the Party of the culpable person. 4. In the event that one Party receives notice of any claims referred to in paragraph 2 of this Article, that Party against whom the claim is made shall inform the other Party as soon as practicable. The Parties shall assist each other in the procurement of evidence related to such claims. 5. Claims arising under a contract made in connection with this Agreement or any arrangements made pursuant to this Agreement shall be resolved in accordance with the terms of the relevant contract. Unless otherwise agreed by the Parties, the costs of claims arising as a consequence of a contract awarded in order to provide logistic support shall be the sole responsibility of the parties to the contract. The Parties acknowledge that the United Kingdom cannot indemnify contractors against third party liability claims. 6. Where any provision of this Article conflicts with any applicable arrangement, the relevant provision in the applicable arrangement will prevail.

ARTICLE 10 Other Defence and Security Agreements​

The provisions of this Agreement shall not affect the rights and obligations or commitments of each Party under other defence and/or security agreements to which it is a party or under arrangements in which it is participating.

ARTICLE 11 Disputes​

Any dispute regarding the interpretation or application of the provisions of this Agreement shall be resolved by consultation and negotiation between the Parties; if a dispute cannot be resolved by consultation and negotiation, the Parties may decide to refer the dispute for settlement to a dispute settlement mechanism as agreed between the Parties.

ARTICLE 12 Amendments​

This Agreement may be amended at any time, in writing, with the agreement of both Parties. Any agreed amendments shall enter into force in accordance with the procedure set out in Article 13(1) of this Agreement.

ARTICLE 13 Entry into Force, Duration, Withdrawal and Termination​

1. This Agreement shall enter into force on the date of receipt of the last notification by which the Parties notify each other in writing that their respective internal procedures for entry into force of this Agreement have been fulfilled. 2. This Agreement may be terminated by either Party giving twelve months written notice to the other Party of its intention to withdraw from the Agreement, or by mutual written consent of the Parties. 3. The termination of this Agreement shall not release either Party from the implementation of its obligations under this Agreement concerning the protection of information including classified information, intellectual property rights, claims and liabilities, and disputes. 4. Arrangements currently in effect or which have been established pursuant to Article 3 or Article 5(2) of this Agreement shall remain fully applicable after termination of this Agreement in accordance with the provisions of the specific arrangement.

IN WITNESS WHEREOF, the undersigned, duly authorised by their respective Governments, have signed this Agreement. Done in two originals at Edinburgh, this 6th day of January 2005.

For the Government of Australia:​	For the Government of the United Kingdom of Great Britain and Northern Ireland:​
J.P. Faulkner​	J. Green​
Minister for Defence​	Secretary of State for Defence​

Jamie