MEMORANDUM OF UNDERSTANDING BETWEENTHE DEPARTMENT OF STATE ANDTHE NATIONAL TRANSPORTATION SAFETY BOARD


PREAMBLE

This Memorandum of Understanding defines and establishes guidelines for mutual cooperation and assistance by, and between, the Department of State (DOS) and the National Transportation Safety Board (NTSB). Noting the distinction between air disasters occurring within the United States, and those occurring outside the United States, this Memorandum encompasses activities of each organization, primarily relating to assistance to families of victims, following an aviation disaster.

  1. AUTHORITIES

    This Memorandum is entered into in furtherance of the authority granted the NTSB under 49 USC 1113(b)(1)(C) to use, when appropriate, available services, equipment, personnel and facilities of a department, agency, or instrumentality of the United States Government on a reimbursable or other basis. This Memorandum also is entered in furtherance of the Aviation Disaster Family Assistance Act of 1996, Pub. L. 104-264, Title VII, 110 Stat. 3264-3269 (Oct. 9, 1996), and the Presidential Memorandum of September 9, 1996 designating the NTSB as the agency to coordinate the provision of Federal services to the families of victims. Additional authority is provided by the Economy Act, 31 USC 1535.

  2. OBLIGATIONS, ROLES, AND RESPONSIBILITIES

1) The NTSB is recognized as the lead federal agency in all instances involving an aviation disaster within the United States ("domestic crashes"), regardless of the nationality of airline, crew, passenger or the nationality of the aircraft manufacturer.

2) The DOS is recognized as the lead federal agency with respect to assistance to families of U. S. citizen victims in all instances involving an aviation disaster outside the United States ("foreign crashes.")

3) In all circumstances involving an air disaster, the two parties shall maintain close liaison and coordination. Both parties shall ensure full and free access to their respective crises centers to the other when necessary to facilitate fulfillment of the liaison function. All necessary credentials and security clearances will be granted on an expeditious basis.

4) All public statements to any party, including the press, airlines and victims' families in a domestic accident are to be made solely by NTSB representative(s).

5) All public statements by either NTSB or DOS following a foreign crash for which NTSB does not have primary investigative authority will be coordinated between NTSB and DOS, which will coordinate as appropriate with the government in charge of the investigation.

6) The NTSB and DOS shall undertake to advise the other concerning the content and timing of such public statements, to the extent practicable.

7) In the event of a domestic accident, DOS agrees to assist the NTSB, upon request, subject to reimbursement for direct expenses incurred by DOS, when applicable, with services which include, but are not limited to, the following:

  1. Officially notifying any foreign government deemed to be involved by DOS.
  2. Promptly providing a liaison officer upon request by NTSB to assist with on-scene matters involving the responsibilities referenced in this Memorandum. Such a request would be made at the earliest opportunity to an official of the DOS Operations Center.
  3. Providing on a reimbursable basis interpreting and Translating assistance, subject to the availability of interpreters and translators and other demands as determined by DOS, to the NTSB when needed to facilitate communication with any interested parties.
  4. Assisting the entry into the U. S. of families of foreign victims through the issuance of visas, if necessary, to eligible applicants.
  5. Advising the appropriate parties, when necessary, of requirements pertinent to the transport of remains and personal effects, including associated and unassociated articles, into the country of destination.
  6. Assisting, as necessary, foreign government officials in obtaining death certificates for families of foreign victims.
  7. Providing logistical and communications support, to the extent practicable, in establishing contact with foreign authorities and individuals abroad to aid the NTSB in fulfilling its duties under the laws referenced above.
  8. Assisting NTSB in its oversight role as it relates to the responsibility of the airline in contacting next of kin not currently in the U. S.
8) In the event of a foreign crash, DOS agrees to assist the NTSB, upon request, subject to reimbursement for direct expenses incurred by DOS when applicable, by providing services which include, but are not limited to, the following:
  1. Securing country clearance, as necessary, for NTSB entry to foreign countries to pursue investigations or, when requested by DOS, to assist DOS in providing assistance to victims' families.
  2. Making available consular and other personnel, consistent with other priorities as determined by DOS, to support the NTSB as necessary.
  3. Providing, consistent with usual practice, appropriate reports of death of U. S. citizens killed abroad in an air crash.
  4. Inviting, when judged appropriate by DOS, NTSB officials to participate as observers in any DOS response team sent to a foreign crash to augment efforts of the local U. S. embassy or consulate to assist victims and their families.