Italy suspends the Italy-Israel Defence Memorandum, here is the full text

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With a letter sent by Minister Crosetto to his counterpart in Israel, Katz, the Italian government has suspended the renewal of the Memorandum of Understanding between Italy and Israel on cooperation in the military and defence sector. The document was originally signed in Paris on 16 June 2003 and ratified by Law no. 94 of 17 May 2005, came into force in June 2005 in Italy, and in April 2006 in Israel. The renewal would have kicked in, until 2031, starting from today, 14 April 2026, but Crosetto's letter was sent just yesterday, as confirmed by several sources both Kritica, as well as other publications such as Public Policy. According to the text of the agreement itself, if what has been sent is – as strictly it should be – a “notice of termination”, a six-month period should now open during which to address the points of contention between the parties.

The Israeli government has downplayed the importance of the event, but the Memorandum represents in Truth an important cooperation document with significant implications both for research and development in the military and cyber-technical industry, and for judicial cooperation. The reasons why the Meloni government made such a decision were explained vaguely, but multiple sources confirm that the latest attack on an Italian UNIFIL convoy, which occurred in Lebanon On April 7th, after which Foreign Minister Antonio Tajani had summoned the Israeli ambassador to Italy.

For the benefit of our readers, we publish the full text of the Memorandum here.

Foreword

ITMOD and ISMOD, hereinafter referred to as “the Parties,” recognising the importance of cooperation between the two Ministries and their respective Defence Forces, expressing the desire that the Ministries and their respective Defence Forces cooperate to the benefit of both, based on mutual respect, trust, and recognition of the Parties' interests, convinced that cooperation between the Parties contributes to a better understanding of their respective military and defence needs and strengthens their respective defence capabilities, in a spirit of openness and mutual understanding and within the framework established by Italian and Israeli laws and regulations, agreeing that this MoU serves as a General MoU between the Parties and that, for the specific activities to be carried out under this MoU, specific Implementation Agreements will be discussed and agreed upon, the Parties have agreed to the following understandings:

Article 1 – General Part

1. In the event of any disputes between these Terms and Conditions and the Implementation Agreements, the terms and conditions of this MoU shall prevail and the dispute shall be settled in accordance with these.
2. The Parties agree that a Party that finds contradictions between these Terms and Conditions will inform the other Party with the aim of resolving them as soon as possible.
3. The Parties shall cooperate by common accord and in accordance with their respective laws and international commitments, with a view to encouraging, facilitating and developing cooperation in the military and defence fields, on a reciprocal basis.

Article 2 – Objectives of the Agreement

1. Both Parties to this MoU agree to establish reciprocal relations between the Ministries of Defence and their Armed Forces, in order to establish cooperation in the defence sector, which will allow them to enhance defence capabilities.
2. Co-operation between the Parties shall cover the following areas:

• Defence industry and procurement policy within the remit of the Ministries of Defence
• Import and export of military and defence materials and transit
• Humanitarian operations
• Organization of the Armed Forces, structure and materials of military units and personnel management
• Training/Coaching
• Environmental issues and pollution caused by military structures
• Military medical services
• Military history
• Military sports

Military cooperation will not be limited to the sectors mentioned above. The Parties will seek new areas of cooperation of mutual interest.

Article 3 – Principles Governing Cooperation

1. Cooperation between the Parties, following coordination, shall develop as follows:

• Meetings of Ministers of Defence, Commanders-in-Chief, their Deputies and other officers authorised by the Parties
• Exchange of experiences between the Parties' experts
• Organisation and implementation of training activities and exercises
• Participation of observers in military exercises
• Contacts between analogous Military and Defence Institutions
• Discussions, consultations, meetings and participation in conventions, conferences and courses
• Visits of military ships and aircraft and to facilities
• Exchange of information and educational publications
• Exchange of cultural and sports activities

1. The Parties also intend to facilitate the implementation of cooperation in the military and defence sectors through the exchange of technical data, information and hardware; achieving a better understanding of military and defence needs and related technical solutions, through cooperation in research, development and production.
2. The Parties shall encourage their respective industries in the pursuit of projects and materials of interest to both Parties. Such cooperation shall relate to research, development and production.
3. For the purposes of this MoU, “technical information” shall mean all technical or commercial data and operational information, including, but not exclusively, confidential information, customer information, know-how, patents and computer software.
4. Technical information, including Technical Data Packages (“TDPs”), provided to the other Party for the purpose of offering or tendering, or performing a defence contract, shall not be used for any other purpose without prior consensus written by the Party from which they originate.
5. In no event shall the technical information, TDPs or products derived therefrom be transferred to Third Countries or Third Parties, without the prior written consent of the Party from whom they originate.
6. The Parties, in accordance with their respective Laws and Regulations, shall give appropriate consideration to offers of defence materials, services and know-how originating from the other Party.
7. The Parties shall use their best endeavours to assist, where required, in negotiating licences, royalties and technical information exchanged with their respective industries. The Parties shall also facilitate the granting of any necessary export licences for the submission of bids or proposals requested in execution of this MoU, in accordance with the respective National Legislations of the Parties.
8. This MoU does not relate to matters that are outside the scope of the Parties' responsibilities.
9. The terms and conditions of the specific and defined activities to be carried out under this MoU shall be agreed separately, within the framework of an “Implementation Agreement”. This General MoU shall apply to every Implementation Agreement between the Parties.

Article 4 – Expenses Coverage

Each Party shall bear its own costs relating to this MoU and its execution, except where the Parties agree otherwise on a case-by-case basis.

Article 5 – Provisions Concerning Security

It is understood that the activities to be carried out under this MoU shall be subject to the Security Agreement signed by the competent Security Authorities of the two Parties, on 5 October 1987.

Article 6 – Jurisdiction

The Receiving State's Authorities shall have the right to exercise jurisdiction over members of the Visiting Forces in respect of all offences committed on their territory, punishable under the legislation of the Receiving State. All criminal convictions shall be executed within the penal system of the Sending State, in accordance with agreements and conventions in force between the Parties. The authorities of both States shall render to each other every assistance in the execution of criminal judgments, in accordance with the European Convention on Mutual Assistance in Criminal Matters, 1959.

Article 7 – Compensation for Damages

Compensation for damage caused by the military personnel of the Sending Party during or in connection with missions/exercises shall be borne by the Sending Party. In the event that the damage concerns military personnel, equipment and infrastructure, any disputes between the Parties and compensation for damages shall be agreed by mutual consent.

Article 8 – Periodic Meetings

1. The Parties agree to hold periodic meetings to monitor the implementation of this MoU. During the meetings, representatives shall explore new areas of potential cooperation.
2. The Party shall also encourage meetings between representatives of Government or Private Bodies, Armed Forces, Units and Departments from both Countries, as well as the exchange of Military and Defence Delegations.
3. The consultations of the representatives of the Parties shall take place alternately in Italy and Israel, with the aim of drafting and agreeing on specific Implementation Arrangements to give effect to this MoU.

Article 9 – Entry into Force, Duration and Amendment of the MoU

1. This MoU shall enter into force on the date of receipt of the second of the two notifications with which the Parties will have officially communicated the completion of their respective ratification procedures.
2. This MoU may be amended at any time, by Official Notes.
3. This MoU, which will remain in force for five years, will be automatically extendedfor additional periods of five years in the absence of written notice of intention to terminate it sent by one Party to the other. In that case it shall cease to be in force six months after the date of receipt of such notice.
4. In the event of a complaint, the Parties shall endeavour to complete outstanding activities and shall commence consultations to resolve the matters in dispute.

Article 10 – Dispute Resolution and Arbitration

1. Should any disputes arise between the Parties to this MoU, the Parties shall, in the first instance, make every reasonable effort to reach an amicable understanding.
2. Should the Parties fail to reach such an agreement, they agree to submit the dispute to arbitration by the Director-General of ISMOD and, depending on the subject matter, to the Chief of Staff or the Secretary-General of ITMOD. Any decision made or award issued pursuant to arbitration shall be final and binding upon the Parties to this MoU.
3. During litigation, dispute, and/or arbitration, the Parties shall continue to fulfil all obligations under this MoU.
4. All arbitration proceedings shall be conducted in English.
5. The Parties agree that arbitration proceedings shall be conducted in confidence and shall be subject to the security provisions of this MoU.
6. Each Party shall be responsible for the costs incurred during the arbitration proceedings.
7. In the event of a dispute or need for interpretation, this MoU will not be subject to any National Court or Inter Milan.

Article 11 – Notifications

1. All communications from both Parties shall be in writing and in the English language.
2. The points of contact for this MoU will be as follows:
   • For Italy: Italian Ministry of Defence – Head of Planning and Policy Division, Defence Staff
   • For Israel: Israeli Ministry of Defence – Director of European Division, Foreign Affairs Department

Made in Paris, 16 June 2003 in two originals, in English.

For the Government of Republic Italian
The Minister of Defence Antonio MARTINO

For the Government of the State of Israel
The Minister of Defence General C.A. Shaul MOFAZ

PHOTO CREDITS: Ministry of Defence