Standard Operating Procedure: Drafting and Routing an Army Memorandum of Understanding (MOU)

An Army Memorandum of Understanding (MOU) serves as a formal written agreement between two or more Army commands or between the Army and an external agency (e.g., civilian organizations or inter-agency partners). Unlike a Memorandum of Agreement (MOA), an MOU typically outlines common goals or specific roles where no exchange of funds occurs. This SOP provides a standardized framework to ensure all MOUs comply with administrative regulations (specifically AR 25-50) and legal sufficiency standards, ensuring clarity, accountability, and proper command oversight.

Phase 1: Planning and Coordination

• Define the Objective: Clearly identify the purpose, scope, and the specific responsibilities of each participating party.
• Confirm No-Exchange-of-Funds: Ensure the agreement does not involve the transfer of funds (if funds are involved, an MOA or Inter-Service Support Agreement (ISSA) is required).
• Identify Stakeholders: Determine the primary points of contact (POCs) for all signatory organizations.
• Conduct Preliminary Liaison: Hold a coordination meeting with all parties to ensure consensus on the language and intent before drafting.

Phase 2: Drafting the Document (Per AR 25-50)

• Format the Header: Use official Department of the Army (DA) letterhead. Ensure the "MEMORANDUM FOR" line includes all involved parties.
• Draft the "Purpose" Section: State clearly why the MOU is being established and the desired outcome.
• Draft the "Responsibilities" Section: Use bulleted or numbered sub-paragraphs to detail what each specific organization will provide or perform.
• Include a "Terms of Agreement" Section: Define the effective date, duration of the MOU, and procedures for amendment or termination (e.g., "This MOU may be modified by mutual consent...").
• Review Legal Requirements: Ensure the document includes a "Legal Review" signature block or a statement that the document has been vetted by the Office of the Staff Judge Advocate (OSJA).
• Signatory Identification: Clearly label the rank, name, and position title of the final signers.

Phase 3: Review and Legal Sufficiency

• Staff Judge Advocate (SJA) Review: Submit the draft to the Legal Office to ensure the MOU does not violate any federal laws, DoD policies, or local regulations.
• Administrative Quality Control: Check for standard Army grammar, punctuation, and formatting as prescribed by AR 25-50.
• Command Review: Route the document through the appropriate Command channels (G-Staff/S-Staff sections) for review prior to the commander’s signature.

Phase 4: Finalization and Distribution

• Obtain Signatures: Secure signatures from all participating parties. Ensure the Commander/Director signs last.
• Distribution: Provide signed digital and hard copies to all signatories.
• File for Record: Upload the signed MOU into the command’s official records management system (e.g., AMRDEC, SharePoint, or the local central file repository).

Pro Tips & Pitfalls

• Pro Tip: Always include a "sunset clause." Specify an expiration date (e.g., "This MOU expires three years from the date of the final signature"). This prevents "zombie agreements" that stay active despite changing mission requirements.
• Pro Tip: When drafting, keep language simple. Avoid overly legalistic jargon that might be misinterpreted by the other party.
• Pitfall: Do not circumvent the SJA review process. An MOU signed without legal counsel can expose the command to liability or unintended contractual obligations.
• Pitfall: Ensure the MOU is signed by individuals with the appropriate "Delegation of Authority." Ensure the signers have the power to commit the resources promised in the agreement.

Frequently Asked Questions (FAQ)

Q: What is the difference between an MOU and an MOA? A: An MOU defines common goals and general responsibilities without a transfer of funds. An MOA (Memorandum of Agreement) usually implies a commitment to specific actions that involve the transfer of funds, resources, or services.

Q: Can a Commander sign an MOU with a private company? A: Yes, but it requires extreme caution. These agreements often involve "Ethics in Government" issues. You must consult with the SJA and the Ethics Counselor to ensure the agreement does not imply an official Army endorsement of a commercial entity.

Q: How long does the legal review process typically take? A: Legal review timelines vary by installation. It is standard to allow at least 10–15 business days for a thorough legal review. Always build this into your project timeline.