USCG establishes a new policy for Memoranda of Understanding and Memoranda of Agreement
The United States Coast Guard has established a new policy regarding the use of Memoranda of Understanding (MOU) and Memoranda of Agreement (MOA).
The policy, outlined in Commandant Instruction 5216.18A, replaces the previous directive and provides updated guidelines for entering into these agreements.
The purpose of the instruction is to ensure that Coast Guard personnel understand the proper use of MOUs and MOAs.
These documents are used to establish shared responsibilities and understandings between the Coast Guard and other parties, such as governmental or private entities.
While MOUs and MOAs serve similar purposes, they have slight differences in terms of specificity and level of detail. However, they are often used interchangeably.
The instruction emphasizes that these agreements are not legally binding and do not replace applicable legal requirements.
The instruction highlights the importance of compliance with environmental regulations and the need for review by the unit's servicing legal office.
It also clarifies that MOUs and MOAs are not appropriate for agreements between different entities within the Coast Guard.
The policy provides a list of federal statutes that authorize the Coast Guard to enter into these agreements, ensuring that the activities outlined in the agreements are within the Coast Guard's statutory authority.
The instruction also addresses limitations and situations outside its scope, such as agreements between two Coast Guard parties, international agreements, cooperative research and development agreements (CRADAs), and labor agreements.
Furthermore, the instruction prohibits indemnification agreements or clauses unless specifically authorized by federal statute.
The Anti-Deficiency Act prohibits the assumption of financial liabilities on behalf of another party without appropriated funding.
Coast Guard personnel are reminded to comply with relevant contracting and procurement regulations and to consult the appropriate legal office for guidance when necessary.
Overall, the new policy aims to provide operational guidance and ensure that MOUs and MOAs align with the Coast Guard's missions and statutory authorities.
This document was issued on 7 June 2023.
For more information, please see the document below (available only to subscribers):
Memoranda of Understanding/Agreement