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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

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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

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Nature and Purpose of MOU Policy Direction – DAOD 7014-0   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 7014-0   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

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Role and Identification of NDMOUC

National Defence MOU Coordinator   Debbie-Lynn Tasheff (in SJS/LA) 992-3817 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

Development of MOU

DAOD 7014-1   Three phases

  Initiation phase   MOU preparation   Completion phase

  NOTE: DAOD 7014-1 refers to DLaw/

Materiel, which no longer exists; see SJS LA instead

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Development of MOU 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

Development of MOU MOU Preparation

  Prescribed MOU structure   Mandatory and optional provisions   MOU Writing Guidelines

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Development of MOU 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

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QUESTIONS ?