Memoranda Of Understanding (MOU)
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1 Memoranda Of Understanding (MOU) 2013 RPIC Real Property Workshop 6-7 November 2013 Teaching Points What a MOU is / is not Nature and purpose of an MOU Role and identification of NDMOUC Additional assistance in the MOU process 1
2 Memoranda of Understanding What is an MOU? A written, approved, non-contractual, non-legally binding arrangement between the DND and/or CF and/or external participants for the purpose of cooperating in a project, program or similar undertaking What is an MOU not? It is not an Arrangement between two defence agencies (Service Level Agreement / Arrangement) It is not a binding agreement (Contract) Nature and Purpose of an MOU Domestic MOUs Includes arrangements with other federal or provincial government departments, Crown corporations / agencies, Canadian Industries International MOUs Includes arrangements with foreign armed forces, departments or ministries of a foreign government, NATO agencies, and foreign industries 2
3 Nature and Purpose of MOU Policy Direction DAOD The DND and the CF shall use an MOU to set out provisions of cooperative working arrangements with external organizations when the arrangements have no legal or contractual obligations for the DND and the CF While not legally binding, for administrative purposes the DND and the CF will treat them as if they are Nature and Purpose of MOU Policy Direction - DAOD Before an MOU is raised the departmental MOU OPI shall confirm with their local Legal Advisor (Legad) that an MOU is the appropriate instrument to achieve the desired goal Legal and financial review shall be undertaken before any MOU is approved DND/CF negotiators shall compromise within the limits of governing policy to achieve an arrangement satisfactory to both participants, but especially to the DND/CF The status and validity to all MOUs shall be reported annually to the NDMOUC 3
4 Role and Identification of NDMOUC National Defence MOU Coordinator Debbie-Lynn Tasheff (in SJS/LA) Role Monitor implementation of policy by conducting administrative review to ensure adherence to departmental requirements and coordinating other mandatory reviews pursuant to DAOD 7014 Control MOU inventory by registering each MOU and having a MOU database record and JAGNet file created Establish implementing instructions such as upkeep of DAOD 7014 and the MOU Writing Guidelines and in-house procedures DAOD Three phases Initiation phase MOU preparation Completion phase NOTE: DAOD refers to DLaw/ Materiel, which no longer exists; see SJS LA instead 4
5 Initiation Phase Mandatory 3 sequential consultation stages that must be completed before starting MOU preparation JAG Legal Advisor: Ensures MOU is appropriate instrument NDMOUC: Determines whether an arrangement already exists, provides guidance on MOU preparation and examples DCSFA: Ensures financial resources are used IAW rules and establishes accountability and financial control MOU Preparation Prescribed MOU structure Mandatory and optional provisions MOU Writing Guidelines 5
6 Completion Phase Review Process involves different organizations depending on nature of MOU NDMOUC conducts admin review to ensure departmental compliance and coordinates financial, legal and security review. Provides DND ident number for tracking purposes Signature by responsible authority or budget manager as set out in DAOD 7014 Authority Table Distribution original and scanned signed version to NDMOUC. Paper copies to each office of collateral interest Conclusion Policies and steps for MOU preparation contained in DAOD 7014 series Necessary to understand differences between 3 types of instruments NDMOUC important resource, however, necessary to understand depth of the Legad s role and responsibilities relative to MOU initiation and the remainder of the staffing process 6
7 QUESTIONS? 7
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