Kanske dags att bli neutrala igen?

Dagens avslöjande om att Ryssland är målet för FRA:s signalspaning har jag väntat länge på (DN skriver samma sak). Tidigare har det bara förekommit som vaga spekulationer, men nu börjar det bubbla lite mer. Det är nämligen här kärnan i frågan om en FRA-lagstiftning ligger, tycker jag. Varför ska vi signalspana i kabel på det här sättet?

När uppsatta militärer säger att man inte är ute efter svenska privatpersoner, utan behöver signalspaningen för att skydda sig mot missiler i Afghanistan är man nämligen helt ärlig. Utan signalspaning mot Ryssland får vi nämligen inga underättelser från USA, och dessa underättelser behövs verkligen om vi ska ha svenska militärer utomlands. Nu kan man ju fråga sig om Sverige är militärt neutrala eller inte. Nä, knappast. Vi har bara fortsatt med signalspaning och samarbete med USA i en rak linje från Catalinaaffären och framåt (och tidigare än så egentligen).

Vi kanske ska syna samarbetet med USA i sömmarna? Hur hårt allierade är vi med USA egentligen? Vi har ju en lång rad incidenter som har med ett sådant samarbete att göra. Jag tänker närmast på det hårt kritiserade utlämnandet av två egyptier 2001 där Sverige fick oväntad hjälp av CIA.

Uppdatering: FRA-chefen bekräftar hemligt utbyte av uppgifter

09
Jul 2008
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2 Responses to : Kanske dags att bli neutrala igen?

  1. Pingback: delade | Patrik Wallström: Kanske dags att bli neutrala igen?

  2. Peder Grass says:

    Vill ni verkligen veta sanningen om Sverige sk Neutralitet ;)?

    FRA Lagen är en förlängd US tentakel på deras HOME LAND SECURITY

    http://sverigelyderusa.blogspot.com/2008/07/agreement-between-government-of-united.html

    Org Dokument :

    AGREEMENT BETWEEN THE GOVERNMENT OF THE UNITED STATES OF AMERICA AND
    THE GOVERNMENT OF THE KINGDOM OF SWEDEN ON COOPERATION IN SCIENCE AND
    TECHNOLOGY FOR HOMELAND SECURITY MATTERS

    http://www.regeringen.se/content/1/c6/08/04/93/90057dc9.pdf

    1
    AGREEMENT BETWEEN THE GOVERNMENT OF THE UNITED STATES OF AMERICA AND
    THE GOVERNMENT OF THE KINGDOM OF SWEDEN ON COOPERATION IN SCIENCE AND
    TECHNOLOGY FOR HOMELAND SECURITY MATTERS
    Preamble
    THE GOVERNMENT OF THE UNITED STATES OF AMERICA AND THE GOVERNMENT OF
    THE KINGDOM OF SWEDEN (hereinafter referred to as the “Parties”):
    HAVING a mutual interest in research and development relating to homeland security matters;
    SEEKING to make the best use of their respective research and technology development capacities,
    eliminate unnecessary duplication of work and obtain the most efficient and cost effective results
    through cooperative activities;
    DESIRING to increase the exchanges of information and personnel in areas pertinent to the
    identification of homeland security threats and countermeasures and consequence management and
    the development of technical standards, operational procedures, and supporting methodologies that
    govern the use of relevant technologies;
    STRESSING that physical and cyber-based critical infrastructures and other homeland security
    capabilities, both governmental and private, are essential to the operation and security of the Parties’
    respective economies and governments;
    NOTING that the Parties’ economies are increasingly interdependent, and that infrastructure
    protection and homeland security are of paramount concern to the Parties’ respective governments;
    BEING AWARE of research, development, testing, evaluation, development of technical standards
    and operations in both countries in chemical, biological, radiological, nuclear and explosive
    countermeasures and consequences management, in other areas that could enhance homeland
    security;
    NOTING the important work accomplished under arrangements such as the Agreement on Science
    and Technology Cooperation Between the Government of the United States of America and the
    Government of the Kingdom of Sweden, dated June 29, 2006;
    RECOGNISING a common desire to:
    • expand the homeland security technology capabilities of each Party;
    • minimise unnecessary duplication of work;
    • obtain more efficient and cost-effective results; and
    • adapt more flexibly to the dynamic threat environment
    through cooperative activities that are mutually beneficial and that relate to the application of stateof-
    the-art and emerging security technologies, making best use of the Parties’ respective research,
    development, and testing and evaluation capacities;
    2
    AFFIRMING a common interest in enhancing the longstanding collaborative efforts of the Parties’
    respective agencies, private sector and governmental organisations, and academic institutions in
    generating scientific and technological solutions to counter threats, reduce vulnerabilities, and
    respond to and recover from incidents and emergencies in those areas having the potential for
    causing significant security, economic, and/or social impacts;
    DESIRING to set forth a vehicle for the conduct of cooperative scientific and technological
    research, development, testing and evaluation in the field of homeland security;
    HAVE AGREED as follows:
    ARTICLE 1
    Definitions
    For purposes of this Agreement between the Government of the United States of America and the
    Government of the Kingdom of Sweden on Cooperation in Science and Technology for Homeland
    Security Matters (the “Agreement”), the Parties have adopted the following definitions:
    Agreement Director Has the meaning given to it in Article 5
    (Management) of this Agreement.
    Business Confidential
    Information
    Has the meaning given to it in Section IV of Annex I
    to this Agreement.
    Classified Contract A Contract that requires, or will require, access to
    Classified Information by a Contractor or by its
    employees in the performance of a Contract.
    Classified Information Official information that requires protection for
    national security, law enforcement, domestic security,
    or other reasons and is so designated by the
    application of the appropriate security classification
    markings in accordance with the national laws,
    regulations, policies, or directives of either Party. It
    may be in oral, visual, magnetic, electronic, or
    documentary form, or in the form of Equipment and
    Material or technology. Classified Information under
    this Agreement shall be deemed to have the same
    meaning as “Classified Military Information” in the
    General Security of Military Information Agreement
    between the Government of the United States and the
    Government of the Kingdom of Sweden, dated
    December 4 and 23, 1981.
    Contract A legally enforceable agreement to provide goods or
    services.
    Contracting Agency Any entity within the government organisation of a
    3
    Party that has authority to enter into, administer,
    and/or terminate contracts.
    Contractor An individual or a commercial entity that agrees to
    provide goods or services.
    Controlled Unclassified
    Information
    Information that is not deemed to be Classified
    Information in the United States, but to which access
    or distribution limitations have been applied in
    accordance with national laws, regulations, policies,
    or directives of either Party. Whether the information
    is provided or generated under this Agreement, it will
    be marked to identify its sensitive character. This
    definition includes, but is not limited to, information
    marked “Sensitive Homeland Security Information,”
    “Sensitive Security Information,” “For Official Use
    Only,” “Law Enforcement Sensitive Information,”
    “Protected Critical Infrastructure Information,”
    “Restricted,” and “Trusted Information Sharing
    Network for Critical Infrastructure Protection (TISN)
    In Confidence.” Controlled Unclassified Information
    may include Business Confidential Information.
    Cooperative Activity Any form of activity described in Article 7 (Forms of
    Cooperative Activity) of this Agreement on which the
    Parties agree to cooperate to achieve the objectives of
    this Agreement. Such activity will normally take the
    form of a Project.
    Critical
    Infrastructure/Kritisk
    Infrastruktur
    Governmental and/or private activities or sectors that
    are identified by each Party in its laws, executive
    orders, directives or policies as “Critical
    Infrastructure” or “Kritisk Infrastruktur”.
    Designated Security
    Authority (DSA)
    The government authority responsible for the
    development of policies and procedures governing
    security of Classified or Controlled Unclassified
    Information covered by this Agreement.
    Equipment and Material Any document, product or substance on or in which
    information may be recorded or embodied. Material
    shall encompass everything regardless of its physical
    character for makeup including documents, writing,
    hardware, equipment, machinery, apparatus, devices,
    models, photographs, recordings, reproductions, notes,
    sketches, plans, prototypes, designs, configurations,
    maps and letters, as well as all other products,
    substances or material from which information can be
    derived.
    Government-to-
    Government Transfer
    The principle that Classified Information and
    classified Material will be transferred through official
    government-to-government channels or through other
    4
    channels as may be mutually agreed, in writing, by the
    Parties in accordance with the requirements laid down
    by both Parties.
    Intellectual Property Has the meaning given in Article 2 of the Convention
    Establishing the World Intellectual Property
    Organization, done at Stockholm July 14, 1967 and
    may include other subject matter as agreed by the
    Parties.
    Need-to-Know A determination made by an authorized holder of
    Classified Information that a prospective recipient
    requires access to specific Classified Information in
    order to perform or assist in a lawful and authorized
    governmental function.
    Participant Any non-federal or non-central government person or
    entity, including but not limited to a private sector
    organisation, academic institution, or laboratory (or
    subsidiary thereof) engaged in accordance with
    Article 9 (Participants).
    Personnel Security
    Clearance Assurance
    (PSCA)
    a. A certification provided by one of the Parties
    concerning the level of personnel security
    clearance held by an individual who is
    employed by a government agency, or
    Contractor facility under the jurisdiction of
    one of the Parties.
    b. A statement provided by the DSA of the
    individual’s country of citizenship concerning
    the individual’s eligibility for a personnel
    security clearance at a level specified by the
    requesting Party for individuals who are a
    citizen of one Party but is to be employed by
    the other Party or its Contractors.
    Project A specific form of Cooperative Activity described in
    Article 8 (Projects).
    Project Arrangement The instrument setting out the scope of any Project to
    be carried out by the Parties described in Article 8
    (Projects).
    5
    Project Background
    Information
    Any information furnished to a Project regardless of
    form or type, including that of a scientific, technical,
    business, or financial nature, and including
    photographs, reports, manuals, threat data,
    experimental data, test data, designs, specifications,
    processes, techniques, inventions, software, source
    code, drawings, technical writings, sound recordings,
    pictorial representations, and other graphical
    presentations; whether in magnetic tape, electronic
    media, computer memory, or any other form and
    whether or not subject to intellectual property
    protections.
    Project Development That stage of a Project during which Project
    Foreground Information arises through the
    development of technologies, prototype equipment
    and other activities included in a Project.
    Project Foreground
    Information
    Any information created in a Project, regardless of
    form or type, including that of a scientific, technical,
    business, or financial nature, and including
    photographs, reports, manuals, threat data,
    experimental data, test data, designs, specifications,
    processes, techniques, inventions, software, source
    code, drawings, technical writings, sound recordings,
    pictorial representations, and other graphical
    presentations; whether in magnetic tape, electronic
    media, computer memory, or any other form and
    whether or not subject to intellectual property
    protections.
    Receiving Party The Party to which Classified Information is
    transferred.
    Research, Development,
    Testing and Evaluation
    (RDT&E)
    Programs and activities, including basic research,
    applied research, advanced technology development,
    proof of principle, verification, validation, and
    development of technical standards of the Parties
    and/or Participants that seek to identify, develop, and
    implement technological and analytical solutions,
    tools and techniques to address the homeland security
    capability needs of each Party.
    Sending Party The Party that originates and/or transfers Classified
    Information to the Receiving Party.
    Sponsorship
    Arrangement
    A written agreement between a Participant and a Party
    where the Party engages the Participant to carry out
    work on its behalf relating to Cooperative Activity.
    6
    Technology
    Management Plan
    A specific component of the Project Arrangement
    jointly developed by the Parties in which they agree
    on how Project Background and Foreground
    Information will be handled, and which will discuss
    among other things, the rights of the Parties and their
    Contractors and Participants concerning Intellectual
    Property created under this Agreement, including how
    any royalties shall be shared, where such Intellectual
    Property shall be protected, and who shall be
    responsible for obtaining that protection and granting
    licenses.
    Third Party Any entity or person who is neither a Party to this
    Agreement nor a Participant in any of its Cooperative
    Activities.
    ARTICLE 2
    Objective
    The objective of this Agreement is to establish a framework to encourage, develop and facilitate bilateral
    Cooperative Activity in science and technology that contributes to the homeland security capabilities of
    both Parties in:
    a) the prevention and detection of, response to, and forensics and attribution applied to, terrorist
    or other homeland security threats and/or indicators;
    b) the protection of Critical Infrastructure; and
    c) crisis response and consequence management and mitigation for high-consequence events.
    ARTICLE 3
    Means of Achieving Objectives
    The Parties shall seek to achieve the objectives set out in Article 2 (Objective) by means which may
    include, but are not limited to:
    a) facilitating a systematic exchange of technologies, personnel, and information derived from
    or applied to similar and complementary operational Research, Development, Testing and
    Evaluation;
    b) collaborating to develop technologies and prototype systems that assist in countering present
    and anticipated terrorist actions in their respective territories and other homeland threats that
    satisfy their common strategic interests and requirements;
    c) integrating or adapting the homeland security technologies of each Party to save development
    costs;
    d) conducting evaluation and testing of prototype homeland security technologies;
    7
    e) developing an approach to identify shared priorities, including areas of research for
    Cooperative Activity;
    f) ensuring consistent and appropriate measures of effectiveness by development and
    implementation of appropriate standards and supporting test protocols and methodologies;
    g) involving, as appropriate, a wide range of public and private sector research and development
    organisations in Cooperative Activity developed pursuant to this Agreement;
    h) providing reciprocal opportunities to engage in Cooperative Activity, with shared
    responsibilities and contributions, which are commensurate with the Parties’ or the
    Participants’ respective resources;
    i) providing comparable access to government-sponsored or government-supported programs
    and facilities for visiting researchers and experts, and comparable access to and exchange of
    information and Equipment and Material;
    j) facilitating prompt exchange of information and Equipment and Material, which may affect
    Cooperative Activity, and facilitating the dissemination of information and Equipment and
    Material, consistent with applicable national laws, regulations, policies and directives; and
    k) utilising and applying Project Foreground Information derived from Cooperative Activity to
    benefit both Parties. The right to ownership and exploitation of Project Foreground
    Information are to be governed by the Articles of this Agreement and established in a
    Technology Management Plan, taking into account, among other things, the Parties’
    respective contributions to the Project.
    ARTICLE 4
    Executive Agents
    1. The Under Secretary of Science and Technology of the United States Department of Homeland
    Security is the primary official within the Government of the United States with responsibility for
    executive oversight of Cooperative Activity, as defined in this Agreement, within the United
    States and is hereby designated as the “U.S. Executive Agent” responsible for the administration
    of this Agreement. The duties of the U.S. Executive Agent may be delegated to other officials
    within the Department of Homeland Security.
    2. The Minister of Defence of the Government of the Kingdom of Sweden is the primary official
    within the Government of Sweden with responsibility for executive oversight of Cooperative
    Activity within Sweden and is hereby designated as the “Swedish Executive Agent” responsible
    for the administration of this Agreement. The duties of the Swedish Executive Agent may be
    delegated to other officials in the Swedish Ministry of Defence.
    3. Prior to undertaking Cooperative Activity (including any Project) under this Agreement, the
    Parties shall agree in writing upon the nature, scope, and duration of the Cooperative Activity.
    4. Where, because of changes in the administrative arrangements for either Party, responsibility for
    the oversight of this Agreement is no longer held by those currently designated as “U.S.
    Executive Agent” or “Swedish Executive Agent”, the relevant Party shall provide the other Party
    8
    in writing with the details of its new Executive Agent without requiring amendment to this
    Agreement.
    ARTICLE 5
    Management
    1. The Executive Agents shall appoint Agreement Directors who shall be responsible for the day-today
    management of this Agreement and its Cooperative Activities. In addition the Agreement
    Directors shall be responsible for:
    a) promoting Cooperative Activity under this Agreement;
    b) managing activities carried out under this Agreement and its Projects and exercising technical
    and financial oversight;
    c) serving as a repository for any and all documentation which is generated pursuant to this
    Agreement including Project Arrangements and any annexes thereto;
    d) monitoring the overall use and effectiveness of this Agreement;
    e) recommending amendments to this Agreement to the Parties;
    f) resolving issues arising under this Agreement;
    g) authorising involvement by Participants in Cooperative Activities pursuant to this
    Agreement;
    h) establishing and maintaining security guidelines, including but not limited to procedures
    related to exchange, storage, and transmission of information and equivalent security
    markings to be applied to exchanged information in accordance with Article 12 (Information
    Security);
    i) ensuring that any requirements to exchange Classified Information in connection with any
    Project are fully identified in advance and specifically agreed to prior to the conclusion of
    any Project Arrangement;
    j) developing and maintaining an outline of the Cooperative Activities and their associated
    costs. This outline will be known as the annual work plan and will document the work to be
    carried out under each Project Arrangement; and
    k) developing and maintaining a strategic plan setting out the objectives of the Cooperative
    Activities being carried out at any given time and the Parties’ intentions for future
    cooperation.
    2. The Agreement Directors shall meet at least annually to review implementation of the Agreement
    and at such other times as they consider necessary to implement this Agreement. The Agreement
    Directors shall be responsible for coordinating with other coordination bodies established by the
    Parties.
    9
    ARTICLE 6
    Areas of Cooperative Activity
    The Parties shall facilitate Cooperative Activity in broad areas related to homeland security. Areas of
    Cooperative Activity include, but are not limited to:
    a) development and implementation of threat and vulnerability assessments, interdependency
    analyses, and methodologies related to potential threats to homeland security scenarios;
    b) assessment of prior operational experiences and evaluation for the purposes of articulating
    operational deficiencies into definable technical requirements and appropriate standards and
    supporting methodologies;
    c) integration of existing technologies for use in surveillance and detection in support of
    permissible homeland security activities, or in defence against terrorism and other homeland
    security threats;
    d) research and development of technologies and systems to meet user requirements or capability
    gaps and national needs;
    e) testing and evaluation of specific prototype systems for homeland security applications in both
    laboratory environments and real or simulated operational settings. This includes technologies
    associated with enhanced detection and monitoring of potential terrorist activities and those
    associated with recovery and reconstitution of damaged or compromised systems;
    f) preparation of detailed final test reports to allow either Party or their Participants to evaluate
    follow-on efforts individually or to allow the transition of successful prototypes into
    operational deployments;
    g) system protection (including protection of automated infrastructure control systems) and
    information assurance (including protecting the integrity of data and information in control
    systems);
    h) reciprocal education, training, and exchange of scientific and technical personnel, and exchange
    of Equipment and Material in science and technology areas including Research, Development,
    Testing and Evaluation;
    i) development and exchange of best practices, standards, and guidelines; and
    j) commercialization and other exploitation of Project Foreground Information and any resulting
    Equipment and Material developed through Cooperative Activity to achieve the effective
    transition of technology from the research and development (R&D) environment to the
    operational environment.
    10
    ARTICLE 7
    Forms of Cooperative Activity
    1. Cooperation under this Agreement may include, but is not limited to, any of the following:
    a) coordinated research Projects and joint research Projects;
    b) joint task forces to examine emergent homeland security challenges;
    c) joint studies and scientific or technical demonstrations;
    d) joint organisation of field exercises, scientific seminars, conferences, symposia, and
    workshops;
    e) training of scientists and technical experts;
    f) visits and exchanges of scientists, engineers, or other appropriate personnel;
    g) exchanges or sharing of information and Equipment and Material;
    h) exchange of information on practices, laws, regulations, standards, methods, and programs
    relevant to cooperation under this Agreement;
    i) joint use of laboratory facilities and Equipment and Material, for conducting scientific and
    technological activities including Research, Development, Testing and Evaluation; and
    j) joint management of the commercialisation and exploitation of Equipment and Material and
    Project Foreground Information developed through Cooperative Activity.
    2. Nothing in paragraph 1 shall preclude the Parties from facilitating other forms of Cooperative
    Activity that they may agree upon.
    ARTICLE 8
    Projects
    1. Cooperative Activity under this Agreement shall normally be implemented in the form of
    Projects to be conducted pursuant to Project Arrangements.
    2. Project Arrangements shall ordinarily contain the following terms and conditions for each
    Project:
    a) its nature;
    b) its scope;
    c) its duration;
    11
    d) the manner in which it will be funded;
    e) specific details of any transfer of Equipment and Material and the identity of personnel and/or
    organisations, if any, to be committed to the Project;
    f) Project Background Information to be used in the Project;
    g) any specific provisions for terminating Participant involvement;
    h) the dispute resolution process;
    i) whether the use of Classified Information will be required;
    j) any safety measures to be followed, including, where appropriate, specific procedures for
    dealing with hazardous or dangerous material;
    k) any applicable cost sharing provisions;
    l) any applicable cost ceiling;
    m) currency variation arrangements;
    n) any necessary technical annexes;
    o) the allocation of responsibility for any taxes, duties or other government charges which may
    arise;
    p) provisions addressing the national law which shall apply to Contracts made in relation to the
    Project Arrangement;
    q) a Technology Management Plan containing details concerning the sharing, allocation and
    protection and/or benefits derived from the creation, use or exploitation of Intellectual
    Property under the Project;
    r) any other consistent terms and conditions necessary to ensure the required development of
    the Project.
    3. The Parties shall ensure that Project Arrangements incorporate the terms of this Agreement. In
    the case of any inconsistency, the terms of this Agreement shall prevail.
    ARTICLE 9
    Participants
    1. Subject to the provisions of this Article, a Party may engage a Participant to carry out work
    relating to Cooperative Activity on its behalf. The engagement of any Participant in the
    implementation of any Cooperative Activity shall require the non-sponsoring Party’s prior review
    and written approval.
    12
    2. Before engaging a Participant to carry out work, a Party must enter into a Sponsorship
    Arrangement unless such an agreement already exists that can support Cooperative Activities
    pursuant to this Agreement.
    3. The Party engaging a Participant shall ensure that the Participant agrees to:
    a) carry out any work relating to Cooperative Activity in accordance with the terms of this
    Agreement; and
    b) report to that Party’s Agreement Director on a periodic basis.
    4. The Parties’ Agreement Directors shall jointly determine the frequency and scope of the
    reporting requirement referred to in paragraph 3b) of this Article.
    5. In the event that a question arises with respect to a Participant and/or its activities under this
    Agreement, the Parties shall consult to consider the Participant’s role in Cooperative Activity. If
    either Party objects to a Participant’s continued participation and requests its termination, the
    Party that sponsored the Participant shall give the request sympathetic consideration, including as
    to the consequences of terminating the Participant’s participation.
    6. Nothing in this Agreement or any Project Arrangement precludes a Party who has sponsored a
    Participant from suspending a Participant’s activities or replacing the Participant in accordance
    with Paragraph 1 of this Article in one or more of its Project Arrangements.
    ARTICLE 10
    Contracting
    1. The Parties shall ensure that Project Arrangements are supported by Contracts wherever possible.
    The Contracts may be formed between the Parties, their agents or Third Parties where
    appropriate.
    2. All Contracts made pursuant to Project Arrangements shall include terms and conditions
    equivalent to the provisions of this Agreement, the relevant Project Arrangements, and their
    associated Technology Management Plans. Without limiting the foregoing each Party or its
    Contracting Agency shall negotiate to obtain the rights for both Parties to use and disclose
    Project Foreground Information as specified in Article 13 (Intellectual Property Management and
    Use of Information) and to obtain the rights contained in Article 14 (Publication of Research
    Results) unless the other Party agrees in writing that they are unnecessary in a particular case,
    and each Party’s Contracting Agency shall insert into its Contracts, and require its subcontractors
    to insert in subcontracts, suitable provisions to satisfy the requirements of Article 12 (Information
    Security), Article 13 (Intellectual Property Management and Use of Information), Article 14
    (Publication of Research Results) and Article 17 (Third Party Sales and Transfers).
    3. The Parties recognise that their respective legislation and regulations may apply to activities
    undertaken in respect of Project Arrangements and supporting Contracts made under this
    Agreement.
    13
    ARTICLE 11
    Finance
    1. Subject to the availability of funds for Cooperative Activity and to the provisions of this Article,
    each Party shall bear its own costs of discharging its responsibilities under this Agreement and its
    associated Project Arrangements.
    2. Except as provided in paragraph 1 of this Article, this Agreement creates no standing financial
    commitments.
    3. The Parties may agree to share costs for Cooperative Activity. Detailed descriptions of the
    financial provisions for Cooperative Activity, including the total cost of the activity and each
    Party’s cost share, shall be agreed between the Parties in Project Arrangements in accordance
    with paragraph 4 of this Article.
    4. At the commencement of each Project, the Parties shall establish the equitable share of the total
    costs, including overhead costs and administrative costs. They shall also establish a cost target, a
    cost ceiling, and the apportionment of potential liability to be borne by each Party in the Project.
    In determining each Party’s equitable share of total costs, the Parties may take into account:
    a) funds provided by one Party to the other for work under this Agreement (“financial
    contributions”);
    b) material, personnel, use of Equipment and Material and facilities provided for the
    performance of work under this Agreement (“non-financial contributions”) to directly support
    Agreement efforts. The Parties also recognize that prior work can constitute a non-financial
    contribution; and
    c) the ownership of Project Background Information utilised in the Project.
    5. The following costs shall be borne entirely by the Party incurring the costs and are not included
    in the cost target, cost ceiling, or Project costs:
    a) costs associated with any unique national requirements identified by a Party; and/or
    b) any costs not expressly stated as shared costs or any costs that are outside the scope of this
    Agreement.
    6. A Party shall promptly notify the other if available funds are not adequate to undertake activities
    arising as a result of this Agreement. If a Party notifies the other that it is terminating or reducing
    its funding for a Project, both Parties shall immediately consult with a view toward continuation
    on a changed or reduced basis. If this is not acceptable to both Parties, the respective rights and
    responsibilities of the Parties under Article 12 (Information Security), Article 13 (Intellectual
    Property Management and Use of Information) and Article 14 (Publication of Research Results)
    shall continue notwithstanding the termination or expiration of the Project. A Party sponsoring a
    Participant shall ensure that the Participant agrees to comply with the terms of Article 12
    (Information Security), Article 13 (Intellectual Property Management and Use of Information)
    and Article 14 (Publication of Research Results) notwithstanding the termination or expiration of
    the Project.
    14
    7. At the commencement of each Project, the Parties shall jointly develop a Technology
    Management Plan.
    8. Each Party shall be responsible for any audit of its activities in support of Cooperative Activity,
    including the activities of any of its Participants. Each Party’s audits shall be in accordance with
    its own national practices. For Project Arrangements where funds are transferred from one Party
    to the other Party, the receiving Party shall be responsible for the internal audit regarding
    administration of the other Party’s funds in accordance with national practices. Audit reports of
    such funds shall be promptly made available by the receiving Party to the other.
    9. The U.S. dollar shall be the reference currency for this Agreement, and the fiscal year for any
    Project shall be the U.S. fiscal year.
    ARTICLE 12
    Information Security
    1. All exchanges of information and Equipment and Material, including Classified Information,
    between the Parties and between Parties and Participants, shall be carried out in accordance with
    the applicable laws and regulations of the Parties, including those relating to the unauthorised
    transfer or re-transfer of such information and Equipment and Material.
    The transfer of technical data for the purpose of discharging the Parties’ obligations with regard
    to interface, integration, and safety shall normally be made without restriction, except as required
    by national laws and regulations relating to export control or the control of classified data. If
    design, manufacturing, and processing data, and associated software, which is business
    confidential but not export controlled, is necessary for interface, integration, or safety purposes,
    the transfer shall be made and the data and associated software shall be appropriately marked. All
    activities of the Parties pursuant to this Agreement shall be carried out in accordance with their
    national laws and regulations, including their export control laws and regulations and those
    pertaining to the control of classified information.
    All information, Equipment and Material subject to export controls shall not be transferred
    pursuant to this Agreement unless such transfers are compliant with the originating Party’s
    export control laws, policies and regulations.
    2. Classified Information:
    a) All Classified Information provided or generated pursuant to this Agreement and any of its
    Project Arrangements shall be stored, handled, transmitted, and safeguarded in accordance
    with the principles established between the Government of the Kingdom of Sweden and the
    Government of the United States of America in the General Security of Military Information
    Agreement dated December 4 and 23, 1981. The Parties specifically agree that the policies
    and safeguards established in the aforesaid Agreement will apply with equal force and effect
    to exchanges of Classified Information under this Agreement. The Parties shall agree on any
    implementing security arrangements that are deemed necessary. Prior to the sharing of
    Classified Information, the providing Party will ensure that the information is properly
    marked and the receiving Party is aware of the pending transfer.
    b) The Parties shall appoint a DSA to establish implementing security arrangements and
    procedures consistent with this Agreement.
    15
    c) Each Party shall ensure that access to Classified Information is limited to those persons who
    possess requisite security clearances and have a specific need for access to the Classified
    Information in order to participate in Cooperative Activity established pursuant to this
    Agreement.
    d) Each Party shall ensure that it incorporates the provisions of this Article into Project
    Arrangements. In addition, if either Party deems it necessary, Project Arrangements shall
    include:
    i) detailed provisions dealing with the prevention of unauthorised transfer or re-transfer
    of information and Equipment and Material; and/or
    ii) detailed distribution and access restrictions on information and Equipment and
    Material.
    e) Each Party shall take all necessary lawful steps available to it to ensure that Classified
    Information provided or generated pursuant to this Agreement is protected from further
    disclosure, unless the other Party consents to such disclosure.
    f) Classified Information shall be transferred only through official government-to-government
    channels or through channels approved by both Parties. Such Classified Information shall be
    given the equivalent degree of protection in the country of receipt as it was given in the country
    of origin and shall be marked with a legend containing the country of origin, the conditions of
    release, and the fact that the information relates to this Agreement.
    g) The Parties shall according to their national laws investigate all cases in which it is known or
    where there are reasonable grounds for suspecting that Classified Information provided or
    generated pursuant to this Agreement has been lost or disclosed to unauthorised persons. Each
    Party shall promptly and fully inform the other of the details of any such occurrences, and of the
    final results of the investigation and of the corrective action taken to preclude recurrences.
    h) Unless both Parties agree in writing that it is unnecessary in a particular case, Contractors,
    prospective Contractors, subcontractors, or private sector Participants that are determined by
    either Party to be under financial, administrative, policy or management control of nationals or
    entities of any country which is not a Party to this Agreement may only participate in a Contract
    or subcontract requiring access to Classified Information that has been classified on grounds of
    national security if enforceable measures are in effect to ensure that the nationals or entities of
    that country do not have access to such Classified Information.
    i) Information or Equipment and Material provided or generated pursuant to this Agreement may
    not be classified any higher than the “TOP SECRET/KVALIFICERAT HEMLIG” level.
    3. Controlled Unclassified Information: The nature and amount of the Controlled Unclassified
    Information to be acquired and disseminated pursuant to this Agreement shall be consistent with
    the objectives of this Agreement and the following guidelines and procedures:
    a) Controlled Unclassified Information shall be used by the receiving Party only for the
    purposes directly related to Cooperative Activity conducted pursuant to this Agreement;
    16
    b) access to Controlled Unclassified Information shall be limited to those personnel of the
    receiving Party whose access is necessary for the permitted use under this Agreement;
    c) all necessary lawful steps shall be taken, which may include national classification where
    appropriate, to keep Controlled Unclassified Information free from unauthorised disclosure,
    including requests under any public access provisions;
    d) Controlled Unclassified Information provided under this Agreement is to be marked by the
    Party providing it with a legend containing the country of origin, the conditions of release,
    the fact that it relates to this Agreement and a statement to the effect that access to the
    information is controlled; and
    e) Controlled Unclassified Information provided or generated pursuant to this Agreement shall
    be stored, handled, and transmitted in a manner that ensures proper control. Prior to
    authorising the release of Controlled Unclassified Information to any Participant, the
    authorising Party shall ensure the Participant is legally required to control such information in
    accordance with the provisions of this Article.
    4. Business Confidential Information:
    a) Each Party shall safeguard and protect identified Business Confidential Information that is
    furnished or is created pursuant to this Agreement in accordance with Annex I to this
    Agreement. The receiving Party shall maintain security over such items.
    b) The Parties shall ensure that any Participants are legally required to control and safeguard
    Business Confidential Information in accordance with this Agreement.
    ARTICLE 13
    Intellectual Property Management and Use of Information
    1. General: Both Parties recognise that successful collaboration depends on full and prompt
    exchange of information necessary for carrying out Cooperative Activities. The Parties intend to
    acquire sufficient Project Background Information and/or rights to use such information to enable
    the development of technologies, prototype equipment, and other activities included in a Project.
    The nature and amount of information to be acquired and disclosed shall be consistent with this
    Agreement and the terms of individual Project Arrangements.
    2. Exploitation: Issues related to the management of Project Background Information and Project
    Foreground Information, including the allocation of any benefits (including royalties) derived
    from the creation and exploitation of Intellectual Property in Project Foreground Information in
    respect of Cooperative Activities under this Agreement shall be governed by the Articles of this
    Agreement, including the provisions of Annex I, and any Technology Management Plans
    associated with a Project.
    3. Government Furnished Project Background Information:
    a) Disclosure: Unless a Project Arrangement provides otherwise, each Party shall disclose to the
    other Project Background Information in its possession or control, provided that:
    17
    (i) the Project Background Information is necessary to or useful in the implementation
    of a proposed or existing Project established pursuant to this Agreement. The Party
    in possession or control of the information shall determine whether it is “necessary
    to” or “useful in” establishing new Projects or implementing existing ones;
    (ii) the Project Background Information shall be made available without adversely
    affecting the rights of holders of Intellectual Property or Business Confidential
    Information; and
    (iii) disclosure is consistent with national disclosure policies, laws, and regulations of
    the furnishing Party.
    b) Use: Unless a Project Arrangement provides otherwise, Government Furnished Project
    Background Information disclosed by one Party to the other may be used without charge by
    the other Party for Project Development purposes only; and the furnishing Party shall retain
    all its rights with respect to such Government Furnished Project Background Information.
    Where the use of Government Furnished Project Background Information is necessary to
    enable the use of Project Foreground Information, such Government Furnished Project
    Background Information may be used by the receiving Party for homeland security purposes,
    upon agreement of the Parties and in accordance with applicable laws.
    4. Participant Furnished Project Background Information:
    a) Disclosure: Unless a Project Arrangement provides otherwise, Project Background
    Information furnished by a Participant sponsored by one Party shall be made available to the
    other Party provided the following conditions are met:
    (i) the Project Background Information is necessary to or useful in the Arrangement.
    The Party in possession or having control of the information shall determine
    whether it is “necessary to” or “useful in” a Project;
    (ii) the Project Background Information may be made available without adversely
    affecting the rights of holders of Business Confidential Information or Intellectual
    Property; and
    (iii) disclosure is consistent with national disclosure policies, laws, and regulations of
    the furnishing Party.
    b) Use: Project Background Information furnished by Participants may be subject to restrictions
    by holders of Intellectual Property. In the event that it is not subject to restrictions preventing
    its use, it may only be used by the Parties for Project Development purposes. If a Party wants
    to use Participant Furnished Project Background Information for purposes other than Project
    Development, (which other purposes shall include, without limitation, sales and licences to
    Third Parties), then the requesting Party must obtain any required licenses from the owner or
    owners of the rights to that information.
    5. Project Foreground Information:
    Project Foreground Information may be commercialised where appropriate, in which case
    benefits derived from the utilisation and application of such information shall be distributed
    according to the relative contributions of the Parties to the Project, the cost of commercialisation,
    18
    and the degree of commitment of the Parties to obtaining legal protection of Intellectual Property,
    as determined in a Technology Management Plan.
    Each of the Parties may own its Intellectual Property in Project Foreground Information in its
    own jurisdiction and in the jurisdiction of the other Party and may derive benefits from its
    exploitation and commercialisation in those jurisdictions, with a mechanism for their
    establishment in a Technology Management Plan.
    ARTICLE 14
    Publication of Research Results
    1. The Parties agree that the provisions of paragraph A of Section III of Annex I to this Agreement
    shall apply to the publication of any research results created under this Agreement.
    2. Publication Review: The Parties agree that publication of the results may be one of the goals of
    this Agreement, to stimulate further research in the public or private sector. In order to protect
    the rights of the Parties, including to avoid prejudice to the holders of Intellectual Property and
    Business Confidential Information, each Party shall transmit to the other for its review any
    material containing such results and intended for publication, or other disclosure, at least sixty
    (60) working days before such material is submitted to any editor, publisher, referee or meeting
    organiser, or is otherwise disclosed. In the absence of an objection by the other Party within that
    sixty-day period the publication or other disclosure may proceed. If either Party raises an
    objection to the public release of publications arising from this Agreement, public release will
    not occur unless and until there is agreement between the Parties as to the conditions for public
    release. It is the responsibility of each Party to coordinate with its sponsored Participants who
    work under a Project Arrangement to determine whether all potential Intellectual Property or
    Business Confidential Information interests have been properly considered.
    3. Affiliation: The sponsorship and financial support of the Parties for Cooperative Activity shall
    not be used in any public statement of a promotional nature or used for commercial purposes
    without the express written permission of both Parties.
    4. Publicity and Acknowledgements: All publications relating to the results of the Projects
    established pursuant to this Agreement shall include as applicable a notice indicating that the
    underlying investigation received financial support from the Government of the United States
    and/or the Government of Sweden. Two copies of such publications shall be sent to the
    Agreement Directors by the individual or entity that is the author of the publications.
    ARTICLE 15
    Entry of Personnel and Equipment and Material
    1. With respect to Cooperative Activity under this Agreement, each Party, in accordance with its
    national laws and regulations, and as appropriate, shall facilitate:
    19
    a) prompt and efficient entry into and exit from its territory of appropriate Equipment and
    Material, to especially include instrumentation, test equipment and Project Background and
    Foreground Information;
    b) prompt and efficient entry into and exit from its territory, and domestic travel and work of,
    persons participating on behalf of the Parties or Participants in the implementation of this
    Agreement;
    c) prompt and efficient access, as appropriate, to relevant geographical areas, information,
    Equipment and Material and institutions, for persons participating on behalf of the Parties, or
    Participants, in the implementation of this Agreement; and
    d) mutual logistic support.
    2. Customs duties, import and export taxes, and similar charges shall be administered in accordance
    with each Party’s respective laws and regulations. Insofar as existing laws and regulations
    permit, each Party shall use its best efforts to ensure that readily identifiable duties, taxes and
    similar charges, as well as quantitative or other restrictions on imports and exports, are not
    imposed in connection with Projects carried out under this Agreement.
    ARTICLE 16
    Research Safety
    1. The Parties shall establish and implement policies and practices to ensure and provide for the
    safety of their employees, the public, and the environment during the conduct of Cooperative
    Activities subject to applicable national laws and regulations. If any Cooperative Activity
    involves the use of dangerous or hazardous materials, the Parties shall establish and implement
    an appropriate safety plan.
    2. Without prejudice to any existing arrangements under the Parties’ national laws, the Parties shall
    take appropriate steps to protect the welfare of any subjects involved in Cooperative Activities.
    Such steps may include the provision of medical treatment and, where appropriate, financial
    relief.
    ARTICLE 17
    Third Party Sales and Transfers
    1. Neither Party shall:
    a) sell, transfer title to, disclose, or transfer possession of Project Foreground Information, or
    equipment incorporating Foreground Information, to a Third Party without the prior written
    consent of the other Party; or
    b) permit any such sale, disclosure, or transfer by others, including by the owner of the item,
    without the prior written consent of the other Party. Such sales and transfers shall be
    consistent with Article 13 (Intellectual Property Management and Use of Information).
    20
    2. For the purposes of this Article States, Territories, Protectorates and other domestic government
    entities are not considered to be Third Parties.
    ARTICLE 18
    Dispute Resolution
    1. Except for disputes concerning Intellectual Property and those procedures set forth in Article 14
    (Publication of Research Results), all questions or disputes between the Parties that cannot be
    resolved by the Agreement Directors arising under or relating to this Agreement shall be
    submitted to the Executive Agents. Such questions and disputes shall be resolved only by
    consultation between the Parties and shall not be referred to a national court, an international
    tribunal, or to any other person or entity for resolution.
    2. Resolution of disputes concerning Intellectual Property, shall be resolved as provided for in
    Annex I.
    3. Each Party shall ensure that any Sponsorship Arrangement that it enters into with a Participant
    includes provisions for dispute resolution consistent with paragraphs 1 and 2.
    ARTICLE 19
    Status of Annex
    1. Annex I forms an integral part of this Agreement and, unless expressly provided otherwise, a
    reference to this Agreement includes a reference to Annex I.
    ARTICLE 20
    Entry into Force, Duration, Amendment, and Termination
    1. This Agreement shall enter into force upon signature by both Parties
    2. The Agreement may be amended in writing by the mutual consent of the Parties. This Agreement
    shall remain in force until terminated in writing by either Party, with such termination taking
    effect six months from the date of the written notice of termination.
    3. This Agreement may also be terminated by the mutual written agreement of the Parties.
    4. Unless otherwise agreed, termination of this Agreement shall not affect the validity or duration of
    any Cooperative Activity previously undertaken pursuant to it.
    5. The respective rights and responsibilities of the Parties under Article 12 (Information Security),
    Article 13 (Intellectual Property Management and Use and Information), Article 14 (Publication
    of Research Results), Article 17 (Third Party Sales and Transfers), Article 18 (Dispute
    Resolution) and Annex I shall continue notwithstanding the termination or expiry of this
    Agreement. A Party sponsoring a Participant shall ensure that the Participant agrees to comply
    21
    with the terms of Article 12 (Information Security), Article 13 (Intellectual Property Management
    and Use of Information), Article 14 (Publication of Research Results), Article 17 (Third Party
    Sales and Transfers), Article 18 (Dispute Resolution) and Annex I notwithstanding the
    termination or expiration of this Agreement.
    6. In particular, all Classified Information exchanged or generated under this Agreement shall
    continue to be protected in the event of the termination or expiration of the Agreement.
    IN WITNESS WHEREOF, the undersigned, duly authorised by their respective Governments, have signed
    this Agreement.
    DONE at , in duplicate, on this day of 2007.
    FOR THE GOVERNMENT OF FOR THE GOVERNMENT OF
    THE UNITED STATES OF AMERICA: THE KINGDOM OF SWEDEN:
    22
    ANNEX I
    Intellectual Property Rights
    I. General Obligation
    The Parties shall ensure adequate and effective protection of intellectual property created or furnished under
    this Agreement and relevant implementing arrangements. Rights to such intellectual property shall be
    allocated as provided in this Annex.
    II. Scope
    A. This Annex is applicable to all Cooperative Activities undertaken pursuant to this Agreement,
    except as otherwise specifically agreed by the Parties or their designees.
    B. Each Party shall ensure, through contracts or other legal means with its own participants, if
    necessary, that the other Party can obtain the rights to Intellectual Property allocated in
    accordance with this Annex. This Annex does not otherwise alter or prejudice the allocation
    of Intellectual Property between a Party and its employees and/or its contractors, which shall
    be determined by that Party’s laws and practices.
    C. Except as otherwise provided in this Agreement, disputes concerning Intellectual Property
    arising under this Agreement shall be resolved through discussions between the concerned
    participants or, if necessary, the Parties or their designees. Upon mutual agreement of the
    Parties, a dispute shall be submitted to an arbitral tribunal for binding arbitration in
    accordance with the applicable rules of international law. Unless the Parties or their
    designees agree otherwise in writing, the arbitration rules of UNCITRAL shall govern.
    D. Termination or expiration of this Agreement shall not affect rights or obligations under this
    Annex.
    III. Allocation of Rights
    A. Each Party shall be entitled to a non-exclusive, irrevocable, royalty-free license in all
    countries to translate, reproduce, and publicly distribute scientific and technical journal
    articles, reports, and books directly arising from cooperation under this Agreement. All
    publicly distributed copies of a copyrighted work prepared under this provision shall indicate
    the names of the authors of the work unless an author explicitly declines to be named.
    B. Rights to all forms of Intellectual Property, other than those rights described in paragraph
    IIIA above, shall be allocated as follows:
    23
    (1) Visiting researchers shall receive, for any intellectual property they create, rights,
    awards, bonuses and royalties in accordance with the policies of the host institution.
    (2) (a) Unless otherwise agreed in a Project Arrangement or other arrangement, the
    Parties or their Participants shall jointly develop provisions of a Technology
    Management Plan regarding ownership and exploitation rights to Intellectual Property
    created in the course of the Cooperative Activities other than those covered by
    paragraph III (B) (1) of this Annex. The Technology Management Plan shall consider
    the relative contributions of the Parties, Participants and Contractors to the
    Cooperative Activities, the degree of commitment in obtaining legal protection and
    licensing of the Intellectual Property, and such other factors as are deemed
    appropriate.
    (b) If the Parties or their Participants do not agree on provisions of a Technology
    Management Plan under subparagraph (a) within a reasonable time, not to exceed six
    months from the time a Party becomes aware of the creation of Intellectual Property
    created in the course of the Cooperative Activities, the Parties or their Participants
    shall resolve the matter in accordance with the provisions of paragraph II (C) of this
    Annex. Pending resolution of the matter, any Intellectual Property created by persons
    employed or sponsored by one Party under Cooperative Activities shall be owned by
    that Party and Intellectual Property created by persons employed or sponsored by both
    Parties shall be jointly owned by the Parties, but such Intellectual Property shall be
    commercially exploited only by mutual agreement.
    (c) Notwithstanding paragraphs III B(2)(a) and (b) above, if either Party believes that
    a particular project may lead to or has led to the creation of Intellectual Property not
    protected by the laws of the other Party, the Parties shall immediately hold
    discussions to determine the allocation of rights to the Intellectual Property. If an
    agreement cannot be reached within three months of the date of the initiation of the
    discussions, cooperation on the Project in question shall be terminated at the request
    of either Party. Creators of Intellectual Property shall nonetheless be entitled to
    awards, bonuses and royalties in accordance with the policies of the institution
    employing or sponsoring that person.
    (d) For each invention made under any Cooperative Activity, the Party employing or
    sponsoring the inventor(s) shall disclose the invention promptly to the other Party
    together with any documentation and information necessary to enable the other Party
    to establish any rights to which it may be entitled. Either Party may ask the other
    Party in writing to delay publication or public disclosure of such documentation or
    information for the purpose of protecting its rights in the invention. Unless otherwise
    agreed in writing, the delay shall not exceed a period of six months from the date of
    disclosure by the inventing Party to the other Party.
    IV. Business Confidential Information
    In the event that information identified in a timely fashion as business-confidential is furnished or
    created under this Agreement, each Party and its participants shall protect such information in
    accordance with applicable laws, regulations, and administrative practices. Information may be
    identified as “business-confidential” if a person having the information may derive an economic
    benefit from it or may obtain a competitive advantage over those who do not have it, and the
    information is not generally known or publicly available from other sources, and the owner has not
    24
    previously made the information available without imposing in a timely manner an obligation to keep
    it confidential.
    The receiving Party may not disclose any Business Confidential Information provided to it by the
    other Party except to appropriate employees and government personnel. If expressly agreed between
    the Parties, Business Confidential Information may be disclosed by the receiving Party to contractors
    and sub-contractors. Such disclosures shall be for the use only within the scope of their contracts
    with their respective Party relating to cooperation under this Agreement. The Parties shall impose,
    or shall have imposed, an obligation on those receiving such information to keep it confidential. If a
    Party becomes aware that, under the laws or regulations applicable to it, it will be, or may reasonably
    expect to become, unable to meet the non-disclosure provisions, it shall immediately inform the other
    Party. The Parties shall thereafter agree on an appropriate course of action.

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