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provided that, in the case of classified information, such arrangements are permitted by the laws and security requirements of both Governments, and provided further that the terms of all such arrangements shall remain subject to the applicable laws of the two countries.

ARTICLE II

When, for defense purposes, technical information is supplied by one Contracting Government to the other for information only, and this is stipulated at the time of supply, the recipient Government shall treat the technical information as disclosed in confidence and use its best endeavors to ensure that the information is not dealt with in any manner likely to prejudice the rights of the owner thereof to obtain patent or other like statutory protection therefor.

ARTICLE IN

When technical information made available, under agreed procedures, by one Contracting Government to the other for the purpose of defense discloses an invention which is the subject of a patent or patent application held in secrecy in the country of origin, similar treatment shall be accorded a corresponding patent application filed in the other country.

ARTICLE IV

(a) Where privately-owned technical information

(i) has been communicated by or on behalf of the owner thereof to the Contracting Government of the country of which he is a national and

(ii) is subsequently disclosed by the Government to the other Contracting Government for the purposes of defense and is used or disclosed by

the latter Government without the express or implied consent of the owner, the Contracting Governments agree that, where any compensation is paid to the owner by the Contracting Government first receiving the information, such payment shall be without prejudice to any arrangements which may be made between the two Governments regarding the assumption as between them of liability of compensation. The Technical Property Committee established under Article VI of this Agreement will discuss and make recommendations to the Governments concerning such arrangements.

(b) When, for the purposes of defense, technical information is made available by a national of one Contracting Government to the other Government at the latter's request and use or disclosure is subsequently made of that information for any purpose whether or not for defense, the recipient Government shall, at the owner's request, take such steps as may be possible under its laws to provide prompt, just, and effective compensation for such use or disclosure to the extent that the owner may be entitled thereto under such laws.

ARTICLE V When one Contracting Government, or an entity or agency owned or controlled by such Government, owns or has the right to grant a license to use an invention and that invention is used by the other Government for defense purposes, the using Government shall be entitled to use the invention without cost, except to the extent that there may be liability to a private owner with established interests in the invention.

ARTICLE VI Each Contracting Government shall designate a representative to meet with the representative of the other Contracting Government to constitute a Technical Property Committee. It shall be the function of this Committee

(a) To consider and make recommendaions on such matters relating to the subject of this Agreement as may be brought before it by either Contracting Government.

(b) To make recommendations to the Contracting Governments concerning any question, brought to its attention by either Government, relating to patent rights and technical information which arises in connection with the mutual defense program,

(c) To assist, where appropriate, in the negotiation of commercial or other agreements for the use of patent rights and technical information in the mutual defense program.

(d) To take note of pertinent commercial or other agreements for the use of patent rights and technical information in the mutual defense program, and, where necessary, to obtain the views of the two governments on the acceptability of such agreements.

(e) To assist, where appropriate, in the procurement of licenses and to make recommendations, where appropriate, respecting payment of indemnities covering inventions used in the mutual defense program.

(f) To encourage projects for technical collaboration between and among the armed services of the two Contracting Governments and to facilitate the use of patent rights and technical information in such projects.

(8) To keep under review all questions coneerning the use, for the purposes of the mutual defense program, of all inventions which are, or hereafter come, within the provisions of Article V.

(h) To make recommendations to the Contracting Governments, either with respect to particular cases or in general, on the means by which any disparities between the laws of the two countries governing the compensation for or otherwise concerning technical information made available for defense purposes might be remedied.

ARTICLE VII

Upon request, each Contracting Government shall, as far as practicable, supply to the other Government all necessary information and other assistance required for the purposes of

(a) affording the owner of technical information made available for defense purposes the opportunity of protecting and preserving any rights he may have in the technical information; and

(b) assessing payments and awards arising out of the use of patent rights and technical information made available for defense purposes.

ARTICLE VITI

(a) “Technical information” as used in this Agreement means information originated by or peculiarly within the knowledge of the owner thereof and those in privity with him and not available to the public.

(b) The term “use” includes manufacture by or for a Contracting Government.

(c) Nothing in this Agreement shall apply to patents, patent applications and technical information in the field of atomic energy.

(d) Nothing in this Agreement shall contravene present or future security arrangements between the Contracting Governments.

ARTICLE IX

(a) This Agreement shall enter into force on the date of signature.

(b) The terms of this Agreement may be reviewed at any time at the request of ei Contracting Government.

(c) This Agreement shall terminate six months after notice of termination by either Contracting Government but without prejudice to obligations and liabilities which have then accrued pursuant to the terms of this Agreement.

In witness whereof the undersigned, being duly authorized thereto by their respective Governments, have signed the present Agreement.

Done in duplicate at Athens this sixteenth day of June 1955.
FD--State-Washington, D. C.

EXHIBIT 3

ECJD-P

PD70–7 HEADQUARTERS, UNITED STATES EUROPEAN COMMAND POLICY DIRECTIVE

APO 128, US Army NUMBER 70–7

24 April 1956 PROCUREMENT

SINGLE DEPARTMENT PROCUREMENT

1. Purpose.—The purpose of this directive is to : a. Establish a policy within the US EUCOM pertaining to single department procurement, and to outline procedures under which such procurement will be effected in accordance with Armed Services Procurement Regulation 4-201.

b. Provide for the publication of a US EUCOM directive in the 70-series, which will contain a list of items under purchase assignment in the US EUCOM.

c. Prevent unnecessary duplication of procurement and contracting facilities, eliminate undesirable competition among subordinate commands, and provide for uniform procurement procedures in connection with the use of Military InterDepartmental Purchase Requests (DD Form 448).

2. Definitions.-a. Subordinate Command. As defined in US EUCOM Policy Directive 20–1.

b. Single Department Procurement. The arrangement whereby certain supplies are procured by one military service to satisfy the requirements of all the military services.

c. Requiring Activity or Agency. The military activity or agency originating a requisition or purchase request for supplies.

d. Purchasing Agency. The military activity or agency which is assigned the procurement responsibility for the supplies.

e. Military Inter-Departmental Purchase Request (MIPR). The DD Form 448, submitted by a requiring activity or agency as a request for supplies to be procured or furnished by the purchasing agency.

3. Applicability.-a. This directive applies to military procurement by US EUCOM subordinate commands, including procurement by the Joint Construction Agency under US EUCOM Policy Directive 71-4, as amended, financed directly or indirectly by appropriated funds (including foreign currencies generated by sales of surplus US agricultural products on reimbursable or nonreimbursable basis).

b. This directive is applicable in peace, war and emergency conditions.

4. Publication of Purchase Assignment Directive.—Single department assignments will be published by Headquarters, US EUCOM, in a US EUCOM directive entitled “Purchase Assignments, US European Command" which will contain approved commodity assignments, developed through coordination with component commands. Supplements will be published periodically, as required.

5. Purchase Assignment Policy.a. Except as provided for in paragraphs 6 and 7, below, the procurement of items or groups of items for which purchase responsibility has been assigned will be accomplished by the component command having purchase assignment responsibility, as indicated in US EUCOM Purchase Assignment directive.

b. Requiring activities or agencies will submit purchase requests to appropriate purchasing agencies on DD Form 448.

c. Direct channels as specified by the purchasing agency will be used in submitting purchase requests.

d. Requiring activities or agencies will cite funds to be used on purchase request forms.

e. The purchasing agency will bear, without reimbursement therefor, the administration costs incidental to its procurement of supplies and services for another command or agency, and the cost of such inspection it may perform in connection therewith.

f. Procurements made against an MIPR will not exceed the amount of the funds committed by the MIPR.

6. Purchase by a Requiring Agency.-Purchase of assigned items by a requiring agency will be authorized only in accordance with the exceptions specified in each individual assignment.

7. Implementation.-Conflicts which might arise in the implementation of this directive, or special situations in which the advantages of single department procurement do not accrue because of implementing this directive, will be referred to Headquarters, US EUCOM, with appropriate recommendations.

8. Rescission.--This policy directive supersedes PD 70–7, 21 December 1954.

FOR THE COMMANDER IN CHIEF:
OFFICIAL:
HUGH J. Socks,

G. HONNEN,
Colonel, AGC,

Major General, U. 8. Army,
Adjutant General.

Chief of Staff.
DISTRIBUTION: C-Plus-

4 cys DCOFS/Log, DA, Washington, D. C.
2 cys HQ. USAF, Attn: AFMPE-PR, Washington, D. C.
2 cys ONM, Attn: Admin Div., DN, Washington, D. C.
2 cys Shipbuilding Rep., Annex B, American Embassy, Paris.
2 cys AFSC, Norfolk, Va.
10 cys Def Rep NAMA, USRO, APO 230 USAF.
10 cys HQ US EUCOM, Attn:J-4 Procurement, APO 128, U. S. Army.

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1. Purpose.—This annex confirms single purchase responsibilities within the United States European Command for all items in Federal Supply Classification Group 89 (Subsistence).

2. References.-a. Department of Army Supply Bulletin 708-401.
b. AFM 67–1, subj: "Supply Manual."
c. US Navy Bureau of Supply and Accounts Manual, Volume 1.

d. Letter, ECJD-P 400.12, HQ US EUCOM, 28 Dec 1955, subj: “Purchase Assignment Europe-Subsistence."

3. Assignment.--Effective 1 March 1956, the Commander in Chief, United States Army Europe, was assigned Single Service purchase responsibilities within the United States European Command for all items listed in Federal Supply Classification Group 89 (Subsistence) by reference 2d. This assignment is hereby confirmed.

4. Specific Instruction8.-a. Subsequent revisions or reclassifications by the Department of Defense affecting this group are applicable under this assignment. b. Exceptions:

(1) The geographic area of the United Kingdom is excluded from this assignment.

(2) In case of emergency, when the exigencies of the situation will not permit the delay incident to single procurement through normal channels, purchases may be made without the prior authorization of the Procuring Department. When such emergency purchases are made, one copy of the contractual instrument, bearing or accompanied by a statement of the emergency, shall be transmitted promptly to the purchasing activity of the Procuring Department.

(3) When, due to insufficient procurement lead time, geographical considerations, peculiarities of purchase, or other factors, the purchasing agency assigned procurement responsibility authorizes procurement by the requiring agency on a case-by-case basis.

(4) Local procurement under monetary limitations prescribed by CINCUSAREUR, to the extent necessary for the most economic and efficient

methods of operation of the assignment. c. Copies of any permanent exceptions granted by the assigned purchasing agency implementing subparagraph 4b, above, will be forwarded to US CINCEUR. d. Activities located in areas exempted or geographically excluded by this

assignment will utilize the services of the assigned purchasing agency, when procuring any of the assigned items from sources located within continental Europe.

FOR THE COMMANDER IN CHIEF:
OFFICIAL:
GABE W. LEWIS,

G. HONNEN
Colonel, AGC,

Major General, US Army,
Adjutant General

Chief of Staff. DISTRIBUTION : A.

HEADQUARTERS, UNITED STATES EUROPEAN COMMAND

APO 128, US Army 30 November 1956

ANNEX B TO DIRECTIVE 70–7: "PROCUREMENT"

PURCHASE ASSIGNMENT

Furniture

1. Purpose. This annex confirms single purchase responsibilities within the United States European Command for all items in Federal Supply Classification Group 71 (Furniture).

2. References.-a. Department of Army Supply Bulletin 708_401.
b. AFM67-1, subj: "Supply Manual."
c. US Navy Bureau of Supply and Accounts Manual, Volume 1.

d. Letter, ECJD-P 400.12, HQ US EUCOM, 7 May 1956, subj: “Purchase Assignment Europe Furniture”.

3. Assignment.—Effective 1 August 1956, the Commander in Chief, United States Army Europe, was assigned Single Service purchase responsibilities within the United States European Command for all items listed in Federal Supply Classification Group 71 (Furniture) by reference 2d. This assignment is hereby confirmed.

4. Specific Instructions.—a. Subsequent revisions or reclassifications by the Department of Defense affecting this group are applicable under this assignment. b. Exceptions :

(1) The geographic area of the United Kingdom is excluded from this assignment.

(2) In case of emergency, when the exigencies of the situation will not permit the delay incident to single procurement through normal channels, purchases may be made without the prior authorization of the Procuring Department. When such emergency purchases are made, one copy of the contractual instrument, bearing or accompanied by a statement of the emergency, shall be transmitted promptly to the purchasing activity of the Procuring Department.

(3) When, due to insufficient procurement lead time, geographical considerations, peculiarities of purchase, or other factors, the purchasing agency assigned procurement responsibility authorizes procurement by the requiring agency on a case-by-case basis.

(4) When requirements per line item are not in excess of $1,000 (or foreign currency equivalent) and the total requirement is not in excess

of $5,000. c. Copies of any permanent exceptions granted by the assigned purchasing agency implementing subparagraph 4b, above, will be forwarded to US CINCEUR.

d. Activities located in areas exempted or geographically excluded by this assignment will utilize the services of the assigned purchasing agency, when procuring any of the assigned items from sources located within continental Europe.

FOR THE COMMANDER IN CHIEF:
OFFICIAL:
GABE W. LEWIS,

G. HONNEN
Adjutant General

Major General, US Army,
Colonel, AGC,

Chief of Staff. DISTRIBUTION : A

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