GUIDE TO ENTERING INTO A MEMORANDUM OF UNDERSTANDING (MOU) 
OR A MEMORANDUM OF AGREEMENT (MOA) IN DISTRICT 11NR

	This Guide is meant as a supplement to the Sample Form for MOU/MOA preparation.  Auxiliary units often enter into agreements with local entities with overlapping jurisdictional responsibility, such as sheriff’s offices which patrol inland waters.  This can include operational and cooperative undertakings (such as joint patrol responsibility, staffing information booths, or presenting boating classes).  Their use is encouraged because written agreements usually make parties think through their undertakings in more detail and often reveal important issues which should be addressed  before embarking on any mutual efforts.  This guide is presented in a Frequently Asked Questions (FAQs) format.  Please send feedback on its usefulness and other suggestions to the DSO-LP.  

What can be covered by MOU’s and MOA’s?

	Any arrangement related to Auxiliary activities can be the subject of an MOU or an MOA when there is another party to the activity who either has expectations for the Auxiliary unit performance or has responsibilities in support of that performance or parties just want to clarify mutual or overlapping operations or responsibilities.  Note:  if an agreement is for the actual use of real property, such as a dock or a meeting room, a license should be used, not an MOU or MOA.  The Legal Staff can help with those forms.

Which kind, MOU or MOA, should be used in what circumstances? 

	While the title doesn’t define the document, we follow the general Coast Guard guidance in this area.  An MOU is typically a document that describes very broad concepts of mutual understanding, goals and plans shared by the parties.  In contrast, an MOA is a document describing in detail the specific responsibilities of, and actions to be taken by, each of the parties so that their goals may be accomplished. An MOA may also indicate the goals of the parties, to help explain their actions and responsibilities.  When in doubt, call someone in Legal.

What is the right format?

	If the other party wants to generate a draft, you can let them start the process.  You may want to furnish them with a copy of our form for their guidance.  If they want you to produce a draft, use the MOU/MOA Sample Form as the starting point and fill it in as described below.  In either case, the Legal Staff will review Agreements to assure that they contain all the required terms and do not contain any terms that Auxiliary units cannot accept.  Review will be faster and easier if a document is in our format, but that is not a requirement. 

Who can sign an agreement?

	Flotilla Commanders and Division Commanders are authorized signatories for these kinds of agreements.

Who must approve the agreement?

	Ultimately, the Commodore must approve all ‘partnership’ agreements, but some authority may be delegated.  Use the chain of leadership to assure that you have the appropriate command authorization.  The Legal Staff should review and approve all agreements as well.

What is the internal review process?

	For command authorization, use your normal chain of leadership or process to obtain the authorizations you need.  For legal review please send a copy of the proposed agreement to the DSO-LP or any ADSO-LP.  The most timely responses are usually available by email, though faxing, mailing or delivering copies for review can be arranged with the staff officer reviewing your document.

Can we attach appendices like maps and brochures?

	It can be useful to attach explanatory documents and their use is encouraged.  However, they should be included in any package for review.

How does the Auxiliary Manual affect these agreements?

	The Auxiliary Manual and the Commandant’s directives, informed by our basic statutory authority, ultimately govern all our activities.  The Manual and applicable directives must be followed in every case.  When in doubt, please consult the chain of leadership and the Legal Staff.

Using the Sample Form.

	The Sample Form is in Word 2003 for PC’s.  It can be downloaded and edited easily.  It’s designed to be self-explanatory, but when in doubt please feel free to call someone on the Legal Staff for help.  In general, language in [brackets] should be replaced by the applicable choice described there or by the information called for by the bracketed language.  Common simple choices are separated by a forward slash, “/”.   The fundamental purpose of such agreements is to assure that two parties are ‘on the same page’, in this case literally, when undertaking some activity with shared elements.  They lack many of the formal niceties of contracts, but they serve a similar purpose—clarity in the relationship.  When in doubt, put it down in writing and make sure the other party understands and agrees.