2 FAM 970
PUBLIC-PRIVATE PARTNERSHIPS
(CT:GEN-604; 03-05-2024)
(Office of Origin: E/GP)
2 FAM 971 SCOPE
2 FAM 971.1 Policy
(CT:GEN-602; 02-14-2024)
a. A public-private partnership is a collaborative working relationship with nonfederal partners in which the goals, structure, and governance, as well as roles and responsibilities, are mutually determined through legally non-binding instruments. Four common reasons for pursuing partnerships are:
(1) They advance a shared objective;
(2) They enhance impact through resource sharing;
(3) They improve programmatic reputation/visibility; and
(4) They achieve mutual programmatic goals.
A broad principle is that a federal agency should be able to show that it will be more effective if it works through a partnership and that associated resources, including staff time, will serve the agency’s statutory purposes.
b. To ensure that these partnerships further the Department’s interests, to preserve the integrity of government, and to avoid actual or apparent impropriety, Department officials may enter into partnerships only in accordance with this section. The process for entering into a short-term partnership, or "co-hosted" event is at 2 FAM 974. To this end, Department officials should ensure that all employees involved in entering into partnerships become thoroughly familiar with the contents of these provisions. All Department employees involved in public-private partnerships, whether occurring domestically or abroad, are required to follow the procedures outlined here.
c. Do not use public-private partnerships as vehicles for the Department to contract for services, staff, facilities, or goods (i.e., when the primary purpose of the relationship is to acquire property or services for the direct benefit or use of the Government, per 31 U.S.C. 6303). In such cases, federal procurement law and the Federal Acquisition Regulation (FAR) govern the relationship between the entity (contractor) and the Department. Similarly, a public-private partnership is not in itself a vehicle for transferring funds to outside entities or establishing a principal-agent relationship, and therefore should not be used as an alternative to grants or cooperative agreements for those purposes. Consult your bureau's lawyers for advice.
d. The cognizant bureau is responsible for ensuring there is senior bureau official approval to pursue a partnership initiative.
e. The Under Secretary for Management is then responsible for the approval of specific partners for partnerships involving the Department of State, unless the Secretary, a Deputy Secretary, or the Under Secretary for Management delegates this authority in writing. Any employee to whom approval authority has not been delegated must obtain the approval of the Under Secretary, or the Under Secretary's designee, before entering into an arrangement with a nonfederal partner.
f. This procedure has been established to help protect the Department's interests by ensuring that reasonable due diligence is conducted on potential partners and an authorizing official approves any potential partner for the purpose. In this manner, the Under Secretary or other authorized approving official assesses and approves the suitability of a potential partner for a particular initiative. Bureaus are expected to provide sufficient information to the Under Secretary (when the Under Secretary is the required authorizing official) to facilitate assessment of the reasonableness of a partner for the stated purpose.
g. Direct questions regarding these policies to the Office of Global Partnerships (E/GP).
h. Senior bureau officials, Directors, Chiefs of Mission and their Deputies are responsible for ensuring that bureaus, offices, and missions engaged in collaborative working relationships with private sector entities comply with these provisions.
2 FAM 971.2 Authorities
(CT:GEN-602; 02-14-2024)
a. General authorities of the Secretary of State for the conduct of foreign relations and management of the Department, 22 U.S.C. 2651a.
b. The Foreign Assistance Act of 1961, as amended; 22 U.S.C. 2151 et seq.
c. Mutual Educational and Cultural Exchange Act of 1961, as amended; 22 U.S.C. 2451 et seq.
d. United States Information and Educational Exchange Act of 1948, as amended; 22 U.S.C. 1431 et seq.
e. The U.S. Leadership against HIV/AIDS, Tuberculosis, and Malaria Act of 2003; 22 U.S.C. 7601 et seq.
f. Migration and Refugee Assistance, 22 U.S.C. 2601 et seq.
g. Delegation of Authority No. 514, dated April 20, 2021.
h. Case-Zablocki Act, as amended, 1 U.S.C. 112b.
i. Other authorities as relevant.
2 FAM 971.3 Legal Guidance
(CT:GEN-602; 02-14-2024)
a. Be aware that there are issues that might arise that may limit the ability of an office to pursue and/or enter into a particular partnership. Examples of such issues include the following:
(1) 18 U.S.C. 208 and ethics regulations at 5 CFR 2635 generally prohibit employees from participating officially in a matter that could affect an entity with which the employee has an outside economic or personal relationship. The regulations also prohibit inappropriate official endorsement of an outside entity and the misuse of an official position. These rules inform Department of State policy as to the appropriateness of any particular potential partner or other party and the terms of the partnership.
(2) The Federal Advisory Committee Act (FACA), 5 U.S.C. 1001 et seq.:
(a) FACA is designed to ensure that Congress and the public are kept informed with respect to the number, purpose, membership, activities, and cost of Federal advisory committees;
(b) For purposes of this chapter, an advisory committee is any committee, panel, task force, or other similar group, established by a Department official for the purpose of obtaining advice or recommendations on issues or policies within the scope of the official's responsibilities; and
(c) FACA should not be an issue in most public-private partnerships:
(i) The partner is not primarily providing advice or recommendations to the Department; it is primarily performing operations in partnership with the Department; and
(ii) A public-private partnership involving one or more partners that has been created to facilitate a two-way dialogue between the Department and individual nonfederal stakeholders on a particular issue or set of issues may not be considered a "committee" for the purposes of FACA provided the purpose(s) of the partnership are solely to share information, coordinate action, and/or explore future collaboration.
(iii) However, it is conceivable that the Department might call upon the partner, together with other entities, to make recommendations. There also might be more than one partner, and the Department might ask them for consensus advice on a policy matter. This process might be subject to FACA. If you have any questions about FACA, consult the Office of the Assistant Legal Adviser for Management (L/M).
(3) The Government Corporation Control Act (GCCA, 31 U.S.C. 9102):
(a) The GCCA prohibits a Federal agency from establishing or acquiring a corporation that is an agent or instrumentality of the U.S. government unless specifically authorized by Federal law; and
(b) Consult the Office of the Legal Adviser for a GCCA review if the public-private partnership may operate through a new or acquired corporation or other private legal entity. The GCCA review will consider whether the corporation or legal entity is being created by Department employees, receiving funding solely from the Department, being controlled by Department employees, or performing functions of the Department.
b. Other laws such as the Paperwork Reduction Act may affect a partnership, or the ability of an office to enter into a particular partnership.
2 FAM 971.4 Subchapter Definitions
(CT:GEN-602; 02-14-2024)
Employee means an appointed officer or employee of the Department, including a locally employed staff member, a special U.S. government employee, or an expert or consultant;
Nonfederal entity includes any public, private, commercial, or nonprofit entity, including but not limited to corporations, civil society organizations or associations, foundations, academic institutions, and domestic State, tribal, or local governments. Foreign quasi-governmental entities not performing a governmental function (such as public universities) would constitute non-federal entities in this context. Domestic entities receiving congressional appropriations (e.g., Kennedy Center, Smithsonian Institution, U.S. Institute for Peace, Wilson Center) would not constitute non-federal entities in this context. For policy on agreements with foreign states, governments, or agencies, or with international organizations, see 11 FAM 700.
2 FAM 972 PROCEDURE
(CT:GEN-602; 02-14-2024)
The purpose of this procedure is to ensure appropriate due diligence is performed with regard to potential partners and their suitability for the planned initiative.
2 FAM 972.1 Evaluating the Suitability and Necessity of a Public-Private Partnership
(CT:GEN-602; 02-14-2024)
a. Appropriate partnerships are those that advance discrete, identifiable Department goals or initiatives that would be best accomplished through leveraging the resources or expertise of a nonfederal entity. An office interested in entering into a partnership should be able to articulate why it would be more effective and efficient to work with an outside organization than alone or with other offices of the U.S. government. Generally, a mission abroad is the relevant organizational unit for evaluating the propriety of a partnership entered into abroad.
b. When deciding whether a public-private partnership may be warranted in any particular situation, the cognizant bureau should first consider whether the particular goal or initiative is suitable for a partnership.
c. When a bureau, office, or mission seeks to join an existing private sector initiative, the bureau should distinguish between "partner," with whom a collaborative relationship might exist in line with the 2 FAM 971.1 definition of a public-private partnership, and "members" of an initiative that simply subscribe to a set of standards or principles, but among whom no public-private partnership relationship exists.
d. Conditions indicating that a particular goal or initiative may be suitable for a partnership include:
(1) Where it is anticipated that addressing the issues involved will require or benefit from contributions, expertise or substantial participation from outside the U.S. government;
(2) Where nonfederal assets are available and there is nonfederal interest in partnering to address the issues; and
(3) Where the Department is able and willing to devote the staff, time and funding to support the collaborative process.
e. Conditions indicating that a particular goal or initiative might not be suitable for a partnership include:
(1) Where the potential partner(s) do not see the goals as a high enough priority to commit time and energy to a collaborative process; or
(2) Where there are insufficient resources (staff time, funds, etc.) to adequately support the collaborative process; or
(3) Where partners under consideration have demonstrated an unwillingness to cooperate; or
(4) Where it is unclear that the Department needs to leverage the resources or expertise of the private sector in order to reach the goal of the initiative; or
(5) Where there is evidence that the Department would more effectively reach the goal of the initiative on its own.
f. A partnership should generally not be entered into where the scope of the proposed partnership would duplicate the roles and responsibilities of a current or anticipated agreement or entail responsibility for U.S. government operations (grant, cooperative agreement, contract, etc.);
g. A partnership should generally not be entered into if the primary purpose is to facilitate a gift to the Department. Similarly, a private individual who is only providing a gratuitous service to the Department and not acting on behalf of an institution may be providing a gift to the Department. In such cases, 2 FAM 960 procedures should be followed.
h. If a bureau determines that a private-public partnership is appropriate for a particular initiative or goal, they must consult the bureau’s cognizant L office to determine if the activity is authorized.
2 FAM 972.2 Due Diligence: Process for Identifying and Vetting Partners
(CT:GEN-602; 02-14-2024)
a. Once the bureau has confirmed that the particular initiative is suitable for a partnership and the activity is authorized, it should determine who in the private sector fits its needs. However, when seeking potential partners, the bureau, or the office or mission that would be involved in the partnership, must conduct a broad enough search so as to avoid giving the appearance that the Department is affording a preference to any one particular partner over another. Bureaus, offices, and missions are encouraged to establish a written set of objective, neutral criteria identifying the qualities of an ideal or suitable potential partner or potential partners. Bureaus, offices, and missions may consider engaging with convening organizations (e.g., trade associations; affinity groups; etc.) that might have a stake in the proposed initiative to broaden the search for potential partners and avoid preference issues, but should also take care to avoid showing preference for any particular such organization.
b. When considering partnering with any particular entity, the bureau, office, or mission should familiarize itself with the potential partners' goals and objectives and look for similarities that overlap with the goals of the Department.
c. The bureau, office, or mission should also conduct sufficient research on a potential partner to make sure the partner has the necessary resources or expertise to meet the goals of the partnership.
d. After identifying potential partners, the bureau, office, or mission must obtain from E/GP a due diligence informational memorandum for all nonfederal entities potentially involved in the partnership.
e. The bureau, office, or mission should then review the due diligence memorandum carefully and make a determined judgment as to each potential partner that entering into a partnership with that partner would not cause embarrassment or harm to the Department or its reputation.
f. The bureau, office, or mission should also make a reasoned judgment that entering into the partnership would not give the appearance of a conflict of interest that would cause a reasonable person to believe that any Department official involved had lost objectivity in the performance of the official's duties.
2 FAM 972.3 Approval of the Partners
(CT:GEN-602; 02-14-2024)
a. Prior to the submission of an action memo to the Under Secretary seeking approval of the partner, the bureau should approve the underlying initiative, and the senior bureau official responsible for sending the action memo to the Under Secretary should concur with the selection of the partner and underlying initiative.
b. The requesting official must prepare an action memorandum to the Under Secretary seeking approval of the proposed partner(s), and obtain clearances from the Office of the Legal Adviser (which must include clearances from L/M, Ethics and Financial Disclosure (L/EFD), and the L office with principal responsibility for advising on the requesting office's programs), E/GP, R, as well as other relevant offices. This memorandum must include the following:
(1) A detailed description of the proposed partnership and its goals;
(2) A list of the potential partners to be approached and any relevant information relating to any reputational risk, conflict of interest, or fact that could cause harm or embarrassment to the Department that is in the possession of the office seeking approval of a partner, including any information contained in the due diligence memorandum;
(3) An outline of the respective roles of the Department and each potential partner;
(4) An explanation of any funding to be used in the partnership, including appropriated funds or alternative sources of funding and an explanation of funding or personnel to be provided by the nonfederal partner;
(5) The importance to the U.S. government of the proposed project;
(6) The anticipated duration of the partnership;
(7) An assertion that the bureau has approved the underlying initiative;
(8) Background concerning how the partner(s) was or were chosen, such as an explanation of the set of objective, neutral criteria the office established to identify potential partners;
(9) Whether the partnership will involve any solicitations from outside entities and if so, how the solicitations will be managed; and
(10) A draft of the expected Memorandum of Understanding reflecting the scope of the partnership and the roles of each partner.
c. Factors that the Under Secretary will consider when determining whether a potential partner is appropriate, informed by analysis of information presented in the due diligence report, include the following:
(1) Whether the potential partner is seeking to obtain any business, benefit or assistance from the soliciting official or other officials in the same organizational unit;
(2) Whether the potential partner conducts operations or activities that are regulated by the Department;
(3) Whether the potential partner has interests that may be substantially affected by the performance or nonperformance of the requesting official’s duties;
(4) Whether the potential partner appears to be entering into the partnership with the expectation of obtaining advantage or preference in dealing with the requesting official, office or the Department;
(5) Whether the potential partner has major non-routine business with the Department; and
(6) Whether the potential partner poses other reputational risks to the Department.
d. The Under Secretary will generally not approve a request to partner if there is any evidence that could cause a reasonable person to question the impartiality of any Department official involved in the partnership.
e. The requesting office is responsible for providing the necessary information to the Under Secretary to allow a determination about whether any of these factors exist with respect to a particular proposal.
2 FAM 973 APPROVAL OF THE MEMORANDUM OF UNDERSTANDING
(CT:GEN-602; 02-14-2024)
a. Once the Under Secretary has approved the partner(s), the requesting office may pursue finalization of a Memorandum of Understanding, setting forth the anticipated scope and objectives of the partnership and the roles of each partner.
b. The requesting office must then seek approval of the specific terms of the Memorandum of Understanding from the appropriate chief of mission, senior bureau official, or designee, with clearance from the official in the Office of the Legal Adviser with principal responsibility for advising on the requesting office’s programs.
c. A template of a Memorandum of Understanding establishing a public-private partnership is at 2 FAM Exhibit 973.
d. Once the authorized official has approved the Memorandum of Understanding, a bureau, office or mission may commence authorized activities. The appropriate bureau, office, or mission official, typically an Assistant Secretary, Assistant Secretary equivalent, or Chief of Mission may sign the Memorandum of Understanding.
e. Any edits made to the Memorandum of Understanding that was attached to the request for approval of the partners should be cleared by the Office of the Legal Adviser. Substantive edits to the Memorandum of Understanding that substantially alter the roles of each partner as outlined in the action memorandum submitted to the Under Secretary with the Action Memo seeking approval of a partner may require a follow-up action memorandum to the Under Secretary.
2 FAM 974 "SHORT-TERM" PARTNERSHIPS
(CT:GEN-604; 03-05-2024)
a. For purposes of these provisions, a short-term partnership or "co-hosted event" is a collaboration with an outside entity for the purposes of a short-term event intended for a defined, limited purpose. Generally, a short-term partnership would involve a reception, meeting or conference intended to last no more than a few days and created for the purpose of disseminating and receiving information useful to the Department. A series of two or more co-hosted events, or continued collaboration with the same entity(ies) on a routine basis over an extended period of time, would not qualify as a "short-term" partnership.
b. Chiefs of mission or senior bureau officials or designees, as relevant, may, without the need to receive prior authorization from the Under Secretary for Management, enter into or authorize an office to enter into a “short-term” partnership.
c. An official authorized to approve a short-term partnership must consider the same criteria that would be considered by M in approving a partner(s), as set forth in 2 FAM 972.3 (c).
d. Bureaus must conduct their own due diligence of potential short-term partners, in consultation with E/GP.
e. Public-private partnerships to co-host "high-profile events" nonetheless require approval from the Under Secretary for Management in accordance with 2 FAM 972 and 2 FAM 973. This is the case even if the high-profile event is intended to last a short period of time. "High-profile" events are events identified by the senior bureau official or Chief of Mission in consultation with E/GP that pose a special or greater likelihood of reputational risk to the Department as a result of several conditions, including whether the event involves cabinet-level officials or high-level representatives of foreign governments, or the event was initiated at the request of the Executive Office of the President or Office of the Vice President, or if the event is likely to address a topic of special or delicate political concern.
2 FAM 975 ONGOING IMPLEMENTATION
(CT:GEN-602; 02-14-2024)
a. Once approved, the activities of a partnership may evolve over time and frequently additional partners are added to existing partnerships to further shared objectives. Ongoing legal review may be required to ensure that legal issues, including conflict of interest requirements, are identified and appropriately addressed. Take care to ensure that partnerships operate within the scope of the initial approval. Consult L for review of activities that may be outside of the scope of the initial approval and for guidance on whether additional approval from the Under Secretary is necessary.
b. If the Department or a potential partner intends to solicit gifts on behalf of the Department or for use in furtherance of partnership activities, Department officials must also follow the provisions governing the solicitation of gifts in accordance with 2 FAM 960. In most cases, prior authorization from the Under Secretary is required for such solicitations even in cases where a nonfederal entity, in place of the Department, will solicit or accept a gift for an activity undertaken in furtherance of the partnership.
c. Additionally, bureaus, offices, and missions will review E/GP-provided alerts of notable negative news relating to entities involved in ongoing public-private partnerships. In the event of notable news that could cause harm or embarrassment to the Department’s reputation, bureaus and missions should consult with L and carefully assess whether the partnership should continue.
d. When the initial duration of the partnership expires, as cited in the action memorandum to the Under Secretary and the MOU, and the bureau, office, or mission would like to renew the public-private partnership, the bureau, office, or mission should follow 2 FAM 972.3 to seek the Under Secretary's approval to continue the partnership. This includes seeking an updated due diligence memorandum from E/GP on the current nonfederal partner(s) and on any additional proposed partners. The effective period of an MOU must not exceed the duration that the Under Secretary has approved.
e. When bureaus or missions seek to add new partners to an existing public-private partnership, bureaus and missions should follow the process in 2 FAM 970, including conducting due diligence and seeking M approval for the new, additional potential partners.
2 FAM 976 Reporting
(CT:GEN-602; 02-14-2024)
a. Bureaus, offices, and missions are responsible for responding to an annual partnership data call administered by E/GP. Reporting enables the Department to:
(1) Learn from past public-private partnership experience and apply lessons to improve current and future partnerships;
(2) Effectively share partnership best practices across the Department;
(3) Ensure timely and accurate response to Congressional inquiries, to general public inquiries, and to internal audiences; and
(4) Inform Department leadership in their engagement with nonfederal entities.
b. Bureaus, offices, and missions are responsible for compliance with the Case Act, as amended (1 U.S.C. 112b), to the extent applicable, with respect to their public-private partnerships that involve foreign entities. This could include, among other things, partnerships with non-governmental foreign entities that affect the rights and responsibilities of U.S. citizens or individuals in the United States; have an impact on U.S. state laws; require changes to U.S. law to satisfy commitments in the instrument; or present a new commitment for the entire nation. If a partnership is subject to Case Act requirements, the implementing bureau, office, or mission will need to transmit the relevant memorandum of understanding or other instrument to H and/or L/T, as applicable, for inclusion in periodic reports to Congress. With respect to non-binding instruments, bureaus, offices, and missions are advised to consult with their cognizant bureau point of contact for Case Act compliance to determine whether the partnership memorandum of understanding or other instrument is a qualifying non-binding instrument under the Case Act. See also 11 FAM 700.
2 FAM 977 THROUGH 979 UNASSIGNED
2 FAM EXHIBIT 973
TEMPLATE OF A MEMORANDUM OF UNDERSTANDING ESTABLISHING A PUBLIC-PRIVATE
PARTNERSHIP
(CT:GEN-602; 02-14-2024)
MEMORANDUM OF UNDERSTANDING
between
the U.S. Department of State
and
[NAME OF PARTNER ORGANIZATION/S]
I. Purpose
The U.S. Department of State (DOS) and the [NAME OF PARTNER] (“Abbreviation of PARTNER”) share the common goal of [COMMON GOAL – typically promoting, hosting, etc.]. For this reason, DOS and “Abbreviation of PARTNER” (individually, “the “Participant”; collectively, “the Participants”) enter into this Memorandum of Understanding (“MOU”) to combine efforts, resources and ideas in order to pursue an initiative of mutual interest related to [COMMON GOAL/NAME OF PUBLIC-PRIVATE PARTNERSHIP]. The Office of [NAME OF BUREAU] ("BUREAU Abbreviation") implements this MOU on behalf of DOS. The purpose of this MOU is to set forth the understandings and intentions of the Participants with regard to their shared objectives. The Participants are entering into this MOU while wishing to maintain their own separate and unique missions and mandates.
II. Authorities
The Department enters into this MOU pursuant to its authorities under [RELEVANT AUTHORITIES DETERMINED IN CONSULATION WITH THE OFFICE OF THE LEGAL ADVISER].
III. Objectives, Roles, and Responsibilities
This MOU provides for a broad-based core alliance between[among] the Participants. It reflects a shared value and focus for seeking joint collaboration opportunities within each organization’s respective vision, mission, and program focus within the context of [COMMON GOAL].
[OPTIONAL] In preparation for the [EVENT] and its accompanying programs or partnerships, the Participants intend to work together to achieve common goals.
[PARTNER]
[Insert description of partner’s mission and activities in which it
engages].
[PARTNER] has no formal, legal relationship with the DOS or the U.S. government for the purposes of this partnership, and is not subject to the control or direction of the DOS or the U.S. government within the scope of this partnership.
[PARTNER] intends to:
1. FIRST ACTIVITY
2. ADDITIONAL ACTIVITY
3. ADDITIONAL ACTIVITY [ETC]
The [BUREAU], subject to the availability of funds, intends to:
1. FIRST ACTIVITY
2. ADDITIONAL ACTIVITY [ETC]
3. [OPTIONAL] The [BUREAU] intends for its liaison to assist [PARTNERSHIP] with its review of potential partners to ensure that they are suitable partners and that there is no conflict of interest with relevant Department programs and operations. To this end, [PARTNERSHIP] Members intend to provide details of potential private sector partners to [BUREAU] before entering into discussions to pursue a partnership, so that [BUREAU] can coordinate the necessary due diligence.
[OPTIONAL] In the event a private sector partner desires to contribute funds or in-kind contributions directly to the Department of State for existing Department funded programs, [BUREAU] intends to seek and obtain approval from the Department.
IV. [OPTIONAL] Management
[DESCRIBE TYPE OF PARTNERSHIP]
[OPTIONAL] For the purposes of coordinating activities under this MOU, including fundraising, determining an appropriate allocation of private sector funds, and identifying entities and activities to/for which funds will be disbursed, the Participants may create an operational committee, which may be referred to as the Coordinating Committee. The Coordinating Committee would not provide advice; it would itself decide on activities for the Partnership to pursue, subject to the availability of statutory authority and appropriated funds.
The Participants expect the Coordinating Committee to consist of Department and [PARTNER] representatives. Each Participant is expected to choose its representatives on the Coordinating Committee.
The Coordinating Committee would meet as often as mutually decided by the Participants but not less frequently than monthly.
The Coordinating Committee may wish to identify and include others interested in assisting in advancing the PPP mission and activities. The Participants intend to mutually decide upon adding additional members to the Coordinating Committee.
[DESCRIBE REGULAR PLANNED MEETINGS]
Use by the Partner of the State Department Seal or other promotional material referring to the Partnership should be approved in advance by DOS. [DESCRIBE USE OF DEPARTMENT LOGO or SEAL].
V. Consultations
In the event of a disagreement under this MOU, the Participants intend to consult to resolve the disagreement in good faith.
VI. Publicity
[OPTIONAL] The Participants intend to work together and coordinate appropriate publicity in support of the PPP and its activities. They propose, among other things, that a press release be created for publication announcing the signing of this MOU and subsequent projects. Any communications and/or press releases referencing the PPP should be approved in writing by both Participants.
VII. Designated Points of Contact
The primary points of contact and liaison for each Participant to this MOU are as follows:
The U.S. Department of State: [Information listed here].
[PARTNER]: [Information listed here].
VIII. Commencement, Duration, Modification, and Discontinuation
This MOU commences on the date of signature by both Participants and is intended to remain operative until [OPTIONAL] the earlier of either the completion of the PPP goals described above, discontinuation of the MOU by either Participant, or a period of time [example, three (3) years]. However, the duration may be extended beyond [ABOVE AGREED TIME FRAME] if both Participants so decide in writing consistent with internal DOS approval. In addition, this MOU may be modified by mutual decision. Either Participant may discontinue this MOU at any time but should provide advance written notice to the other of such discontinuation.
[OPTIONAL] for an event or forum funded by the
PARTNER] In the event that
[PARTNER] does not raise sufficient funds to cover the entire cost of the
event, the Participants understand that [PARTNER] intends to cancel the Event.
IX. Funding and Legal Effect
Nothing in this MOU should be construed as affecting or interfering in any way with agreements, contracts, or instruments entered into either prior to or subsequent to the signing of this MOU. The Participants further specifically acknowledge that this MOU does not give rise to any legal rights or obligations. The terms "partner" or "partnership" (including their derivations) are used solely within the meaning of collaboration and are not intended to create any legal rights or obligations under the laws of partnership of any jurisdiction.
This MOU does not create any legal or binding relationship between the Participants, or commit either Participant to the obligation of any funding in furtherance of the goals of the MOU. It is intended to be implemented consistent with applicable law and is subject to the availability of appropriations.
This MOU is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, the U.S. Department of State, its officers, employees, or agents, or any other person.
The Participants, acting through their duly authorized representatives, have caused this MOU to be signed in their names and delivered as of this ___ day of [MONTH], [YEAR].
For the U.S. Department of State For [PARTNER]
NAME NAME
TITLE TITLE