Memorandum of understanding
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A memorandum of understanding (MOU) is a legal document describing a bilateral agreement between parties. It expresses a convergence of will between the parties, indicating an intended common line of action, rather than a legal commitment. It is a more formal alternative to a gentlemen's agreement, but generally lacks the binding power of a contract.
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MOUs in private law
In private law, MOU is a common synonym for a letter of intent (LOI). One example is the MOU between Bush and Kerry for the 2004 debates.
MOUs in public international law
In international relations, one of the advantages of MOUs over treaties is that the text of the MOU can be kept confidential. In addition, they can be put into effect in most countries without requiring ratification. MOUs are easier to modify and adapt than treaties which may require lengthy negotiating processes. The decision concerning ratification, however, is determined by the parties' internal law and depends to a large degree on the subject agreed upon. Although MOUs in the multilateral field are seldomly seen, the transnational aviation agreements are actually MOUs.
Examples include:
- The Agreed Framework between the U.S. and North Korea over nuclear weaponry
- The Oil for Food program, for which Iraq signed an MOU in 1996
- The Memorandum of Understanding Relating to the Treaty between the United States of America and the Union of Soviet Socialist Republics on the Limitation of Anti-Ballistic Missile Systems on May 26, 1972 signed by US President Bill Clinton and the USSR Successor States updating the Anti-Ballistic Missile Treaty[1]
- The Key West Agreement between the United States Air Force and United States Army
- The agreement between Hezbollah and the Free Patriotic Movement on Feb 6, 2006
References
- ^ ABM Treaty: Memorandum of Understanding. Treaty Compliance. Office of the Under Secretary of Defense for Acquisition, Technology, and Logistics. Retrieved on 2006-09-26.
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Legal documents