How a Memorandum of Understanding Works

Famous and Controversial MOUs

Want to avoid losing face in a public debate? You could sign an MOU with your opponent that basically scripts the debate, like John Kerry and George W. Bush did.
Want to avoid losing face in a public debate? You could sign an MOU with your opponent that basically scripts the debate, like John Kerry and George W. Bush did.
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So, say you're a United States presidential candidate preparing for an upcoming debate, but you really don't want to answer or ask any substantial questions. No problem. Just have your lawyers draw up an MOU that outlines a framework for a staged debate.

One of the most famous examples of this happened in 2004, as George W. Bush and John Kerry campaigned for office. Both parties agreed to a 32-page MOU, which controlled many aspects of the debate and let them better manage their public personas.

But not all politicians use MOUs to evade off-the-cuff debate questions; some employ them to prevent war. In 1972, President Richard Nixon and the Soviet Union agreed on an MOU that created a direct telecommunications link between the two sides, with the intent that this system could prevent misunderstandings that might lead to nuclear war.

In 1997, the Clinton administration composed an MOU to update the 1972 Anti-Ballistic Missile Systems Treaty to reflect changes that occurred as the former USSR dissolved into several successor states. This MOU came at a critical juncture, when the world was worried about the security of the former USSR's nuclear stockpile.

In spite of their popularity, MOUs do occasionally draw criticism. In 2008, the U.S. Immigration and Customs Enforcement (ICE) launched a program called Secure Communities, which is designed to help state and local law enforcement personnel identify criminal illegal aliens and deport them.

ICE signed MOUs (often called memoranda of agreement in these instances) with local law enforcement agencies around the country to gain their cooperation. But the agreements came under fire from critics, who called the program a plan to ferret out and deport all illegal immigrants, including those deemed noncriminals.

MOUs play a big role in social issues around the world. The United Kingdom signed an MOU in 2005 to humanely deport unwelcome Nigerians who overstayed their visas or failed to gain asylum. The agreement included terms for safe escort by Nigerian authorities. In other cases, MOUs help people in a quandary. In 2011, Kenya signed an MOU with the United Nations to address the condition of refugee camps within its borders. The document specified security measures and means for delivering goods and services to the impoverished people in the camps.

All of these examples demonstrate how important MOUs have become for business, government and political purposes. And, no matter whether you deem their purposes nefarious or inspiring, MOUs are an established form of written communication that provides a powerful means for pushing through on important business projects, beating deadlines and implementing governmental polices all over the world.

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  • Alessi, Ryan. "UK Asks Kentucky Court to Rule on Gillespie Contract." Sept. 8, 2010. (April 28, 2011)
  • American Civil Liberties Union. "Immigrants' Rights Project." 2009. (April 28, 2011)
  • Boven, Joseph. "Secure Communities Participation Won't be Forced by Colorado." Colorado Independent. April 19, 2011. (April 28, 2011)
  • Cadmus, Eduard H. "Reviewing the SEC's Memoranda of Understanding: A Fresh Look." Fordham International Law Journal. 2011. (April 29, 2011)
  • Corporate press release. "Michelin and Double Coin Sign Chinese Production Memorandum." April 19, 2011. (April 29, 2011)
  • Espinoza, Martin and Julie Johnson. "Deportation's Wide Net." Press Democrat. April 10, 2011. (April 29, 2011)
  • Goodwin, Heather M. "Gilmore, Hill Pose Differing Opinions." Lewisville Leader. April 8, 2011. (April 29, 2011)
  • Guzman, Andrew T. and Timothy L. Meyer."International Soft Law." Journal of Legal Analysis. Spring 2010. (April 28, 2011)
  • Information Sharing and Case Referral." March 2010. (April 29, 2011)
  • Johnson, Mary L. and Linda M. Sterthous. "A Guide to Memorandum of Understanding Negotiation and Development." 1982. (April 29, 2011)
  • Kersgaard, Scott. "Colorado Joins ICE's Secure Communities Program, Prompting Polis to Label it 'Draconian.'" Colorado Independent. Jan. 5, 2011. (April 28, 2011)
  • Legal Definitions site. "Memorandum Definition." (April 27, 2011)
  • Massachusetts Public Housing Guide. "Creating a Memorandum of Understanding." Sept. 12, 2005. (April 28, 2011)
  • Maxime, Francesca. "Long Island's Nassau County a Step Closer to Finalizing Deal for New Casino." April 19, 2011. (April 28, 2011),0,2557419.story
  • McCormick, Mary K. "Letters of Intent: A Rose is Rose is a Rose…" Sept. 28, 2009. (April 28, 2011)
  • Office of Extramural Research. "Memorandum of Understanding among the Animal and Plant Health Inspection Services, U.S. Department of Agriculture, and the Food and Drug Administration, U.S. Department of Health and Human Services, and the National Institutes of Health, U.S. Department of Health and Human Services,
  • Concerning Laboratory Animal Welfare." 2011. (April 29, 2011)
  • Official MOU. "Memorandum of Understanding between the Department of Veteran Affairs and Indian Health Service." 2010. (April 28, 2011)
  • Official MOU. "Memorandum of Agreement between U.S. Department of Homeland Security Immigration and Customs Enforcement and New York State Division of Criminal Justice Services." December 2010. (April 28, 2011)
  • Official MOU. "Memorandum of Agreement between U.S. Citizenship and Immigration Services, U.S. Department of Homeland Security, and Civil Rights Division, U.S. Department of Justice Regarding Information Sharing and Case Referral." March 17, 2010. (April 29, 2011)
  • Official MOU. "Memorandum of Understanding between Defense Contract Audit Agency and Department of Transportation." April 2002. (April 28, 2011)
  • Official MOU. "Canada-Brazil Memorandum of Understanding on Labour Cooperation." (April e28, 2011)
  • Official government guide. "Writing Guide for a Memorandum of Understanding (MOU)." (April 28, 2011)
  • Official MOU. "Memorandum of Understanding." September 2004. (April 27, 2011)
  • Official MOU. "Memorandum of Understanding between the USA and USSR Regarding the Establishment of Direct Communications." June 1963. (April 29, 2011)
  • Ombati, Cyrus. "Ministry Asks UN to Help in Decongesting Refugee Camps." Standard Media. April 25, 2011. (April 29, 2011)
  • Shea, Catherine. "An Introduction to Contracts at UCAR." 2002. (April 28, 2011)
  • Sixel, L.M. "Report Urges Help for Hispanics Seeking Jobs." Houston Chronicle. March 31, 2011. (April 28, 2011)
  • Sponsored Projects Office, University of California, Berkeley. "A Quick Guide to Types of Agreements." (April 28, 2011)
  • Treaty Compliance site. "Memorandum of Understanding." (April 27, 2011)
  • Vanguard NGR. "UK Govt Deports 52 Nigerians, Today." (April 29, 2011)
  • Victorian Government Solicitor's Office. "Memorandum of Understanding." June 2008. (April 29, 2011)
  • White House press release. "ABM Treaty Fact Sheet." Dec. 13, 2001. (April 28, 2011)
  • Yeah, Ng Che. "Malaysia-China to Ink MOU to Recognise Degrees in Both Countries." April 19, 2011. (April 29, 2011)