TREATIES AND OTHER INTERNATIONAL ACTS SERIES 12893
Memorandum of Understanding
UNITED STATES OF AMERICA
Signed at Buenos Aires October 16, 1997
NOTE BY THE DEPARTMENT OF STATE
Pursuant to Public Law 89—497, approved July 8, 1966
(80 Stat. 271; 1 U.S.C. 113)—
“. . .the Treaties and Other International Acts Series issued
under the authority of the Secretary of State shall be competent
evidence . . . of the treaties, international agreements other than
treaties, and proclamations by the President of such treaties and
international agreements other than treaties, as the case may be,
therein contained, in all the courts of law and equity and of maritime
jurisdiction, and in all the tribunals and public offices of the
United States, and of the several States, without any further proof
or authentication thereof.”
Memorandum of understanding signed at Buenos Aires October 16, 1997;
Entered into force October 16, 1997.
TABLE OF CONTENTS
Article 1 -- Purpose and Objectives
Article 2 -- Relationship to Space Station Agreements; Order of Precedence
Article 3 -- General Description of the AEB-provided Equipment Article 4 -- Ownership
Article 5 -- Jurisdiction and Control Article 6 -- Major Program Milestones Article 7 -- Respective Responsibilities Article 8 -- Program Management
Article 9 -- ISS Operation and Utilization Activities
Article 10 -- AEB-provided Crew
Article 11 -- Standards, Specifications, Reviews and Language Article 12 -- Safety and Mission Assurance Article 13 -- Financial Arrangements Article 14 -- Cross-Waiver of Liability Article 15 -- Liability Convention Article 16 -- Customs and Immigration Article 17 -- Exchange of Data and Goods Article 18 -- Treatment of Data and Goods in Transit
Article 19 -- Intellectual Property Article 20 -- Public Information
Government of the United States of America
Government of the Federative Republic of Brazil
for the Design, Development, Operation and Use
of Flight Equipment and Payloads
International Space Station Program
Article 21 -- Consultation and Settlement of Disputes Article 22 -- Termination
Article 23 -- Amendments
Article 24 -- Enhanced ISS Cooperation
Article 25 -- Entry into Effect and Duration
The Government of the United States of America, and
The Government of the Federative Republic of Brazil (hereinafter collectively "the Parties"),
RECALLING a long history of very fruitful and mutually beneficial bilateral civil space cooperation between the United States and Brazil beginning in the 1960s,
RECALLING the Framework Agreement Between the Government of the United States and the Government of the Federative Republic of Brazil on Cooperation in the Peaceful Uses of Outer Space of March 1, 1996 (hereinafter the "Framework Agreement"), and that cooperative programs under this agreement would be established through implementing arrangements between The National Aeronautics and Space Administration (hereinafter "NASA") and the Brazilian Space Agency (hereinafter "AEB") as the designated Principal Implementing Agencies for this Agreement,
RECOGNIZING that the United States Government is strongly committed to building a permanently inhabited International Space Station (hereinafter the "ISS") to provide a unique opportunity for international cooperation in space science and technology, and to take advantage of the low-gravity environment, the near-perfect vacuum of space and the potential of the vantage point afforded by the ISS for observing the Earth and the rest of the Universe,
NOTING the Agreement among the Government of the United States of America, Governments of Member States of the European Space Agency, the Government of Japan, and the Government of Canada on Cooperation in the Detailed Design, Development, Operation, and Utilization of the Permanently Manned Civil Space Station of September 29, 1988 (hereinafter the "1988 Space Station Intergovernmental Agreement") and the intention of the parties _to that Agreement to supersede the 1988 Space Station Intergovernmental Agreement and add the Government of the Russian Federation as a new party (either the 1988 Space Station Intergovernmental Agreement or its superseding agreement referred to hereinafter as the "IGA"),
NOTING that one of the purposes of the Government of the Federative Republic of Brazil is to achieve an enhancement of the capability of Brazilian industry,
RECOGNIZING that NASA and AEB have completed a joint study to investigate Brazil's potential provision of certain equipment for use on the ISS, and taking note that the study indicated the potential mutual benefits that would result from cooperation between NASA and AEB with respect to the ISS program,
NOTING that the Government of the Federative Republic of Brazil policy establishes that AEB's contribution to the ISS program will primarily be performed through Brazilian
industry suppliers in order to enhance their capabilities in technology, quality and productivity,
CONVINCED that this activity will further expand space cooperation through the establishment of a long-term and mutually beneficial relationship and will further promote cooperation in the exploration and peaceful use of outer space,
HAVE AGREED as follows:
Purpose and Objectives
1.1 The Government of the United States of America and the Government of the Federative Republic of Brazil designate, respectively, NASA and AEB as the agencies responsible for implementing the Parties' cooperation under this Arrangement
1.2. The purpose of this Implementing Arrangement is to define the roles and respective responsibilities of NASA and AEB ("the Agencies") in the design, development, operation and use of the following equipment (which is further described in Article 3):
• Technology Experiment Facility (TEF)
• Window Observational Research Facility Block 2 (WORF-2)
• Expedite the Processing of Experiments to Space Station (EXPRESS) Pallet
• Unpressurized Logistics Carrier (ULC)
• Cargo Handling Interface Assembly (CHIA)
• Z1-ULC-Attach System (Z1-ULC-AS)
1.3 AEB will develop and provide this equipment to NASA as part of NASA's contribution to the ISS program. This equipment will play an important role in the ISS program. In exchange, AEB will receive rights from NASA as provided herein from NASA's allocation to utilize the ISS. The Parties will jointly undertake this cooperative program with the purpose of advancing space science, Earth observation, technology, and the commercial use of outer space. It is Brazil's intention that access to and use of the ISS will enable Brazil to strengthen its industrial and scientific space activities.
1.4. This Implementing Arrangement:
defines the ways and means by which cooperation between the Parties will be conducted within the framework of the NASA Space Station program;
provides a description of the equipment to be provided by AEB;
- describes the roles and responsibilities of NASA and AEB in the detailed design, development, and operation of the equipment provided by AEB, and arrangements for AEB's utilization of the ISS;
- establishes the managerial, technical and operational structures and interfaces necessary to ensure effective planning and coordination in the conduct of the detailed design, development, and operation of the equipment provided by AEB, and to ensure effective planning and coordination of AEB's utilization of the ISS; and
- provides a framework that maximizes the total capability of the equipment provided by AEB to accommodate user needs and ensures that the equipment provided by AEB, within NASA's Space Station program, will be operated in a manner that is safe, efficient and effective for both ISS users and operators.
1.5. Pursuant to laws and regulations of Brazil, AEB will be responsible for the cooperation provided for under this Implementing Arrangement and may further delegate to the Brazilian National Institute for Space Research (INPE), an institution of the Ministry of Science and Technology (MCT), certain AEB responsibilities under this Arrangement.
Relationship to Space Station Agreements; Order of Precedence
2.1. The Parties undertake the cooperation under this Implementing Arrangement exclusively as part of the United States commitment to provide certain equipment for the ISS under the IGA. This Implementing Arrangement is intended to be consistent with and not to derogate from the provisions of the IGA, and the Memoranda of Understanding referred to in Article 4.2 of the IGA (collectively, the "Space Station Agreements"), or the respective rights and obligations of the Government of the United States under the Space Station Agreements.
2.2. All cooperation between the Parties under this Implementing Arrangement will be carried out consistent with the provisions of the Space Station Agreements. When the new Space Station Agreements enter into force, all cooperation between the Parties to this Implementing Arrangement will be carried out consistent with the provisions of those new agreements. In the event NASA determines that any conflict exists between the provisions of this Implementing Arrangement and the Space Station Agreements, such conflicts will be resolved by giving precedence to the Space Station Agreements, and by NASA and AEB expeditiously consulting to resolve any such conflicts.
2.3. For purposes of this Implementing Arrangement, the term "ISS Partners" will mean the parties to the relevant Space Station Agreements.
2.4. AEB rights with respect to ownership of equipment pursuant to Article 4.1 hereof and to utilization activities pursuant to Article 9 hereof are subject to any relevant approvals of the non-U.S. ISS partners. Upon entry into effect of this Implementing Arrangement, NASA will undertake to secure the relevant approvals as soon as possible.
General Description of the AEB-provided Equipment
AEB will provide the following equipment, including flight units, training units, simulators, orbital support equipment, flight support equipment, spares, software required to operate the equipment, and unique ground support equipment (GSE):
The Technology Experiment Facility (TEF), which will provide long-term exposure to the low Earth orbit space environment for active and passive experiments. Provision of the TEF will include the flight unit, payload verification unit, training hardware and software, associated spares, and sustaining engineering. The TEF will be capable of remaining operational for approximately 10 years, with the support of ground maintenance, as appropriate.
The Window Observational Research Facility Block 2 (WORF-2), which represents an ISS capability devoted to observational science and remote sensing development. This facility will be built in two blocks: WORF Block 1 will be constructed by NASA, and WORF-2 will be constructed by AEB. Provision of the WORF-2 will include flight unit hardware/software which allows autonomous operation of multiple cameras/sensor packages simultaneously, payload interface verification unit, training hardware and software, associated spares, and sustaining engineering. The WORF-2 will be capable of remaining operational for approximately 10 years, with the support of ground maintenance, as appropriate.
The Expedite the Processing of Experiments to Space Station (EXPRESS) Pallet, which serves as an interface mechanism which is utilized to attach small payloads to the U.S. truss segment P3 or S3. The Pallet supports the launch, on-orbit operation, and return of ISS external payloads while accommodating up to six payload adapters. Provision of the EXPRESS Pallet will include four Pallet Flight Units, five sets (six per set) of Pallet adapters, a Kennedy Space Center (KSC) simulator and other training hardware and software, associated spares, and sustaining engineering. The EXPRESS Pallet will be capable of remaining operational for approximately 10 years, with the support of ground maintenance, as appropriate.
The Unpressurized Logistics Carrier (ULC), which is a platform for transportation of unpressurized cargo and will be attached to U.S. truss segment P3. Provision of the ULC will include four flight units, training hardware and software, associated spares, and sustaining engineering. The ULC will be capable
of remaining operational for approximately 10 years, with the support of ground maintenance, as appropriate.
The Cargo Handling Interface Assembly (CHIA), which are flight support equipment which provide a method of attaching cargo to ULCs and allow for on-orbit handling of the cargo. CHIA must be compatible with the Space Station Remote Manipulator System (SSRMS) and the Special Purpose Dexterous Manipulator (SPDM) robotic interfaces. Provision of CHIA will include flight units, training hardware and software, associated spares, and sustaining engineering. The CHIA will be capable of remaining operational for approximately 10 years, with the support of ground maintenance, as appropriate.
The Z1-ULC-Attach System (Z1-ULC-AS), which provides mounting accommodations for external passive payloads and experiments. It will provide the attachments at the Z1 location, after removal of the P6 truss segment, and the structure to allow repositioning of the Ku-band antenna. The Z1-ULC-AS is comprised of a truss extension, 2 Unpressurized Logistics Carrier Attach Systems (ULCAS), a relocation site for the existing Ku-band antenna, and grapple fixtures. Provision of the Z1-ULC-AS will include flight units, training hardware and software, associated spares, and sustaining engineering. The Z1-ULC-AS will be capable of remaining operational for approximately 10 years, with the support of ground maintenance, as appropriate.
The above items will hereinafter collectively be referred to as "AEB-provided equipment."
ARTICLE 4 Ownership
4.1. Subject to Article 2.4, AEB will retain ownership of the TEF and the WORF-2 on-orbit.
4.2. Upon delivery of the EXPRESS Pallet, ULC, CHIA and Z1-ULC-AS to KSC, AEB, with the assistance of NASA, will conduct a post delivery inspection. Upon completion of such inspection, satisfactory to NASA, AEB will transfer to NASA ownership of this equipment and all associated equipment, and provide appropriate legal documentation evidencing such transfer.
Jurisdiction and Control
In accordance with Article 5 of the IGA, NASA will exercise jurisdiction and control over all AEB-provided equipment.
Major Program Milestones
6.1. Because of the extended period of time required to assemble the ISS and the integrated nature of its assembly sequence, the delivery schedule for AEB-provided equipment may be revised over the life of the ISS program. In addition, major program milestones of the AEB-provided equipment may be affected by changes to the ISS program milestones. As such, NASA and AEB will develop, maintain and exchange coordinated implementation schedules for their respective responsibilities. These schedules, including dates for the milestones below, will be updated as necessary and controlled in appropriate program documentation as provided for in Article 8.
6.2. Major target milestones:
Delivery of TEF to KSC Launch of TEF
Delivery of WORF-2 to KSC Launch of WORF-2
Delivery of EXPRESS Flight Units #1 and #2 Delivery of EXPRESS Flight Units #3 and #4 Delivery of 2 Sets (6/set) of Pallet Adapters Delivery of 3 Sets of Pallet Adapters (6/set) Launch of EXPRESS #1
Delivery of ULC Flight Units #1 and #2 Launch of #1 ULC
Delivery of ULC #3 and #4
Delivery of CHIA
Delivery of Z1-ULC-AS Launch of Z1-ULC-AS
June 2003 January 2004
June 2003 January 2004
June 2001 October 2003
January 2001, November 2001
June 2002 January 2002
November 2000 May 2001
Compatible with provision of ULC
December 2003 June 2004
7.1. NASA Responsibilities
While undertaking the detailed design and development of its ISS elements, and consistent with the management arrangements identified in Article 8 and in accordance with system-level specifications established in the Space Station Systems Specification document controlled by the Space Station Control Board (SSCB), and AEB-provided equipment specification documents controlled by the NASA-AEB Joint Control Board (JCB), NASA will:
1. Establish basic requirements for the AEB-provided equipment and develop, in consultation with AEB, detailed specifications for the AEB-provided equipment, including technical and operational interfaces between the AEB-provided equipment and the ISS, Space Shuttle, and payloads which have interfaces with the AEB-provided equipment.
2. provide ultimate design approval authority for the AEB-provided equipment and software, and be responsible for overall ISS systems engineering and integration (SE&I) management, system specifications and interface control documentation;
3. perform formal review and final acceptance of the AEB-provided equipment;
4. assist AEB in establishing verification, safety and mission assurance requirements and plans for the AEB-provided equipment as described in Article 12;
5. approve AEB verification and flight readiness certification;
6. establish, in consultation with AEB, requirements for testing and operations of the AEB-provided equipment;
7. establish, in consultation with AEB, a technical and management information system for computer based electronic flow of appropriate program information;
8. acquire and process engineering data to assess flight performance of the AEB-provided equipment;
9. make available to AEB, at a gateway in the United States, all on-orbit engineering data of the AEB-provided equipment;
10. perform all on-orbit operations of the AEB-provided equipment;
11. perform overall training management;
12. perform the analytical and physical integration of payload and cargo onto the EXPRESS Pallet and the ULC with AEB support and participation;
13. provide overall logistics support management including inventory data, maintenance schedules, and technical data;
14. provide or arrange for transportation and communications services to and from the ISS for AEB-owned equipment, including spares, and AEB-provided payloads and samples, according to the terms established in Article 9;
15. arrange for transportation and communications services to and from the ISS for AEB-provided equipment, including spares, whose ownership has been transferred to NASA;
16. integrate the AEB-provided equipment with the Space Shuttle and the ISS;
17. perform all ground operations, such as pre-launch and post landing operations, for the AEB-provided equipment;
18. perform the physical, analytical, and on-orbit activities necessary for integration of AEB-provided payloads which meet appropriate standard interfaces;
19. make available to AEB, at a gateway in the United States, all on-orbit data relevant to the AEB-provided payloads and provide reception from Brazil and uplink to orbit of related commands, and communications, according to the terms established in Article 9; and
20. provide access to NASA facilities, as appropriate, to support AEB's design and development activities under this Implementing Arrangement. Access to and use of these NASA facilities will be granted on a space-available basis and subject to specific arrangements.
7.2. AEB Responsibilities
While undertaking the detailed design and development of the AEB-provided equipment described in Article 3 and consistent with the management arrangements identified in
Article 8 and in accordance with system-level specifications established in the Space Station Systems Specification document (controlled by the SSCB) and the AEB-provided equipment specification documents (controlled by the NASA-AEB JCB), AEB will:
1. Establish design and manufacturing concepts for the AEB-provided equipment that will allow AEB to meet or exceed basic requirements established by NASA for the AEB-provided equipment;
2. design, fabricate, test and deliver to KSC the AEB-provided equipment All AEB-provided equipment and payloads will be compatible with KSC facilities and verification processes, and with launch and return using the Space Shuttle;
3. select or ensure selection of, by its contractor, in consultation with NASA, an experienced human space flight contractor to support AEB's SE&I responsibilities;
4. establish, in consultation with NASA, AEB-provided equipment verification, safety and mission assurance requirements and plans as described in Article 12;
5. perform verification and flight readiness certification of AEB-provided equipment;
6. provide to NASA all design, integration, test and operational data for the AEB-provided equipment, necessary for NASA to integrate (including ground processing), operate, and maintain the AEB equipment, and to ensure safety. This data will follow information format and communications standards established by NASA;
7. establish and maintain a computerized technical and management information system compatible with the management arrangements defined in Article 8;
8. provide engineering and logistics support for AEB-provided equipment The engineering support capability will include systems analyses, evaluation and assessments as requested by NASA;
9. provide personnel at KSC and JSC, as required, to supply expertise on all AEB-provided equipment and support NASA in its responsibilities for training, ground operations, integration, and systems operations;
10. perform stress assessments, based on the NASA Design and Verification Loads analyses;
11. provide support for development of training requirements, materials and aids, and provide support to training for the on-orbit crew, ground support personnel and ground processing personnel for the AEB-provided equipment;
12. provide sustaining engineering, refurbishment, and repair of the AEBprovided equipment for the operational lifetime of the equipment;
13. perform any support required for on-orbit verification and operations readiness, residual Design, Development, Test and Engineering (DDT&E) including support for assembly operations, and design modifications for nominal performance;
14. provide any replacement or upgrade of hardware, software, technical data and documentation resulting from sustaining engineering analyses;
15. provide logistics support on AEB-provided equipment including all spares and spares maintenance, transportation of spares to and from KSC, inventory data, maintenance schedules, and technical data;
16. provide or arrange for use of equipment and software necessary to receive on-orbit engineering data for AEB-provided equipment, and AEB payload-related data, made available by NASA at a gateway in the United States;
17. provide required analyses and support for all AEB payloads proposed for operation on the ISS; and,
18. provide payloads that meet ISS defined standard interfaces (e.g., EXPRESS racks or pallets, International Standard Payload Rack).
8.1. Program Management Primarily Associated with Design and Development
8.1.a. The NASA-AEB management arrangement is based on concurrent processes between NASA and AEB: a top level NASA-AEB Executive Committee; a NASA-AEB Joint Control Board (JCB), and, in accordance with respective responsibilities, design and development working groups which support the JCB; on site liaison personnel; and contractor-to-contractor interface between NASA and AEB contractors.
8.1.b. The NASA-AEB Executive Committee will meet annually to review the status of the program, and as required to resolve those issues brought forward from the JCB by AEB or NASA. The Executive Committee will also meet annually to approve the AEB
Utilization Plan as defined in Article 8.2. The Executive Committee will be co-chaired by designated representatives from NASA and AEB. Members will include representatives from other NASA program offices as required, and their AEB counterparts. Executive Committee membership will be confirmed through an exchange of letters between NASA and AEB within 60 days of entry into effect of this Implementing Arrangement.
8.1.c. Program implementation will be managed and coordinated by the JCB, composed of representatives of NASA and AEB. Specific membership will be addressed in the NASA-AEB Joint Management Plan (JMP). The JCB will control the configuration of AEB-provided equipment and associated requirements. In addition, the JCB will control the AEB-provided equipment specification document. A designated NASA representative will serve as the chair of the JCB and will also be a member of the SSCB, the multilateral board responsible for controlling overall requirements, configuration, resource allocations for design purposes and element interfaces for the ISS program.
As the JCB chair and a member of the SSCB, the designated NASA representative will represent the NASA-AEB JCB in matters before the SSCB that involve the AEB-provided equipment. Decisions by the JCB Chairman, or decisions by the SSCB Chairman that directly affect the AEB-provided equipment, may be appealed to the NASA-AEB Executive Committee; however, it is the duty of the JCB Chairman and the SSCB Chairman to make every effort in their respective boards to reach consensus rather than have issues referred to the Executive Committee. Such appeals will be made and processed expeditiously. Pending resolution of appeals, AEB need not proceed with the implementation of a JCB or SSCB decision as far as its provided equipment is concerned; NASA may, however, proceed with implementation of a JCB or SSCB decision as far as its provided equipment and elements are concerned. Upon Executive Committee resolution of any appeal, NASA and AEB shall proceed immediately to implement those resolutions.
8.1.d. In addition to AEB's participation in the JCB, AEB may monitor day-to-day program activities through a program liaison. The AEB liaison will be stationed at the Space Station Program Office at JSC to facilitate AEB program management's visibility to enable AEB to monitor the program on a technical level. Similarly, NASA may provide a liaison to AEB.
The liaisons will keep abreast of overall program requirements and milestone schedules, and monitor the progress of their respective contractors at a technical level; the liaisons will be on the distribution list for technical reports and documentation, as appropriate, and will attend all joint program-related technical meetings.
The Agencies' liaison personnel are not considered to be part of the receiving agency's program office and, as such, the sending agency is financially responsible for its liaison personnel. Additional liaison requirements may be documented in a separate Liaison Personnel Agreement between the Agencies.
8.1.e. NASA's Space Station prime contractor will support NASA implementation of SE&I management for the AEB-provided equipment and may interface directly with AEB and AEB's contractors, as appropriate.
8.1.f. Consistent with the above NASA-AEB management arrangement, NASA and AEB will work through their respective contractors to facilitate the use of common hardware, software and support equipment in order to promote efficient and effective ISS operations.
8.1.g. Upon delivery and acceptance of each item of AEB-provided equipment, NASA will become responsible for all aspects of its operation and utilization management.
8.1.h. The Executive Committee may make changes to the NASA-AEB management arrangement upon agreement of the Agencies. Such changes will be documented in the IMP.
8.2. Program Management Primarily Associated with Operations and Utilization
8.2.a. NASA will represent AEB on ISS multilateral utilization management boards. Upon request, AEB will provide expertise in matters involving AEB-provided payloads or other AEB utilization interests.
8.2.b. On an annual basis AEB will develop a five year Utilization Plan for all proposed uses of its allocations defined in Article 9. AEB will prioritize and propose appropriate schedules for the user activities in its Utilization Plan, including the use of user support centers and other ISS ground elements to support the utilization of the flight elements.
8.2.c. The AEB Utilization Plan will be delivered to the NASA Associate Administrator for Space Flight. The Associate Administrator for Space Flight is responsible for ensuring representation of the AEB Utilization Plan within the U.S. Space Station Utilization Board (SSUB) and for ensuring its inclusion in the U.S. Partner Utilization Plan (PUP). Following verification by NASA that the AEB Utilization Plan is consistent with the agreed AEB utilization rights, the AEB Utilization Plan will be approved by the NASAAEB Executive Committee. Any proposed utilization by AEB, however, on behalf of a non-ISS Partner or a private entity under the jurisdiction of a non-ISS Partner will require the review and concurrence of NASA.
8.2.d. Prior to their implementation, NASA will provide copies of tactical utilization plans to AEB for its review and comment. Furthermore, NASA, through the Office of Space Flight, will consult with AEB regarding revisions or modifications to such plans
prior to their approval. AEB, or its designated representatives, will participate in user working groups responsible for detailed mission planning for those increments which include AEB-provided payloads.
8.2.e. If AEB utilization involves specific cooperative research with NASA , then the terms of such cooperation will be contained in appropriate instruments between the Agencies.
8.2.f. All AEB-provided payloads will be subject to the same reviews and certifications as all U.S. payloads.
8.3. Program Documentation
8.3.a. The NASA-AEB Joint Management Plan (IMP) defines the programmatic and technical coordination processes and jointly developed documentation and specifications used by NASA and AEB for all ISS design, development and implementation activities, as well as operations and utilization activities including ongoing responsibilities such as sustaining engineering and detailed responsibilities of any AEB-provided crew. The JMP will further define NASA and AEB's respective responsibilities, and relationships for ISS activities, specifically addressing management relationships and documentation requirements related to those responsibilities listed in Article 7.
8.3.b. NASA and AEB will develop and jointly sign an AEB-provided equipment specification that meets the requirements of the Space Station Systems Specification document which contains the performance and design requirements for all ISS flight elements and ground facilities hardware and software and provides the technical basis for overall conduct of ISS detailed design and development activities. The AEB-provided equipment specification will be controlled by the JCB. AEB will develop equipment specifications for AEB equipment/software and these specifications will meet the requirements in the jointly signed specification and the Systems Specification.
8.3.c. NASA and AEB will jointly develop and sign Interface Control Documents (ICDs) which control interfaces: between the flight equipment comprising infrastructure elements and the flight elements comprising accommodations elements; between flight elements comprising infrastructure elements and, as appropriate, between any other flight elements; between flight and ground elements, or among ground elements. Any modification to the ICDs will occur through the SSCB or one of its subordinate boards of which AEB is a member. NASA will also develop a Baseline Configuration Document (BCD) based on information provided by all the Space Station International Partners and AEB, which will control the configuration of the ISS.
ISS Operation and Utilization Activities
9.1. NASA Access and Use of AEB-Provided Equipment
NASA will have access to and use of the AEB-provided equipment not specifically allocated to AEB in Article 9.2 and 9.3. The capabilities of the AEB-provided equipment may also be made available to the ISS Partners, in accordance with the Space Station Agreements.
9.2. AEB Access and Use of the ISS
9.2.a. AEB's access to and use of the ISS reflects AEB's contribution of the equipment described in Article 3 and AEB's responsibilities as described in Article 7.
9.2.b. In exchange for the AEB-provided equipment and support, NASA will provide AEB, from its ISS allocation as defined in the Space Station Agreements, with:
1. User accommodations on the ISS, expressed in terms of express lockers, and adapter site years and transportation services to support AEB's use of these accommodations. For the purposes of this Implementing Arrangement, one adapter site year is defined as the use of one external adapter site equivalent for one year:
- 1 express locker on orbit for 10 years, and standard Space Shuttle services for the launch and return of 300 pounds of AEB payload.
- 1 adapter site year over the life of the ISS program and standard Space Shuttle services for the launch and return of one external payload integrated on an external payload adapter.
2. Use of the equivalent of 3.0 percent of the operational time available in the WORF-2 facility and standard Space Shuttle services for the launch and return of 120 pounds of AEB payload each year for a period of ten years. It is AEB's intent to focus its WORF-2 utilization in the observation of Brazil;
3. User accommodations in the TEF equivalent to two 50 kg trays for ten years and standard Space Shuttle services for five rotations (launch and return) of the trays. This allocation is based on the current TEF design of twenty-two 50 kg trays and four 150 kg trays;
4. Consistent with the approach used to allocate resources to all user accommodations, up to. .45 percent of NASA's allocated utilization resources to support use of the above user accommodations. Utilization resources include power, user servicing capability (including services of the SPDM), heat rejection capacity, data handling capacity, crew time and EVA capacity.
5. Standard Space Shuttle services for launch and return of spares for the TEF and the WORF-2 in an amount not to exceed a total of 120 pounds each year for a period of ten years.
6. Tracking Data and Relay Satellite System (TDRSS) data transmission capability to support AEB's ISS utilization up to its allocated percentage of utilization resources.
9.2.c. AEB's rights to access and use of NASA's ISS pressurized volume allocations and rights to associated transportation and communication services and utilization resources as specified above in 9.2.b.1, 9.2.b.4 and 9.2.b.6 will begin to accrue after the first AEB-provided equipment is launched and operationally available on-orbit. AEB may manifest its express locker one year after their rights begin to accrue, or as agreed by NASA. . AEB's rights to access and use of NASA's ISS external payload accommodations and rights to associated transportation services and utilization resources as specified above in 9.2.b.1 and 9.2.b.4, will begin after the Z1-ULC-AS is launched and operationally available on-orbit. AEB's rights to access and use of WORF-2 and the TEF and rights to associated transportation and communication services and utilization resources as specified above in 9.2.b.2, 9.2.b.3, 9.2.b.4 and 9.2.b.6 will begin after the WORF-2 and TEF are launched and operationally available on-orbit. Specific plans for AEB's use of the above allocations will be developed as set forth in Article 8.
9.3. AEB may at any time barter for, sell to NASA or the International Space Station partners, or enter into certain other arrangements for any portion of its access to the ISS, and is free to market the use of its access according to procedures established by the International Space Station multilateral User Operations Panel (UOP), as defined in the Space Station Agreements. The terms and conditions of any barter or sale will be determined on a case-by-case basis by the parties to the transaction, with NASA concurrence. AEB may retain any revenues it derives from such marketing.
9.4.a. In addition to the transportation services provided by NASA as specified in 9.2.b, starting with initial AEB ISS utilization, AEB may, as agreed by NASA, purchase, on an annual basis, additional launch and return services from the U.S. allocation of total ISS user payload capacity available on flights to and from the ISS. Any special user integration or user operation support will be provided on a reimbursable basis at prices
routinely charged comparable users for similar services. Further, in addition to the communications services provided by NASA as specified in 9.2.b.6, AEB may, as agreed by NASA, purchase TDRSS data transmission capability available to the ISS (which includes delivery of downlink AEB utilization data only to Space Station control centers in the U.S.) in connection with AEB's utilization of the ISS.
9.4.b. NASA will respect the proprietary rights in, and confidentiality of, AEB's appropriately marked data and goods to be transported on the Space Shuttle. In addition, AEB may implement measures necessary to ensure confidentiality of AEB utilization data passing through the ISS communications and data systems and other communications systems being used in conjunction with the ISS. Notwithstanding the foregoing, data that are necessary to assure safe operations will be made available according to procedures established by the UOP. The proprietary rights in, and the confidentiality of, AEB's utilization data passing through these communications systems will be respected.
10.1. In exchange for AEB's contribution of the equipment described in Article 3 and AEB's responsibilities as described in Article 3 and AEB's responsibilities as described in Article 7, NASA will provide AEB, from its ISS crew allocation as defined in the Space Station Agreements, with the equivalent of one AEB-provided Space Station crew member for one on-orbit increment.
10.2. AEB's right to provide a fully trained crew member will be satisfied over the life of the ISS Program.
10.3. AEB ISS crew will meet ISS astronaut certification criteria for basic qualification requirements, medical certification standards, and general and personal suitability requirements. Potential AEB ISS crew will be selected to join NASA astronaut candidates for basic training with NASA. Following successful completion of basic training, NASA and AEB will jointly certify that the AEB-provided ISS crew candidates have met ISS standards and criteria for selection and certification. All AEB crew candidates will enter into an appropriate training cycle in order to acquire the skills necessary to conduct ISS operations and utilization. In accordance with Article 10.2 above, NASA will designate from among the certified AEB crew candidates, an AEB crew member for a specific crew complement for a specific crew rotation cycle.
10.4. Brazilian nationals who may serve as ISS crew under this Implementing Arrangement will be considered U.S.-provided personnel under Article 11 of the IGA.
10.5. AEB will itself be bound and will ensure that its ISS crew sign and will be bound by an ISS Crew Code of Conduct Agreement developed by NASA in consultation with the ISS Partners.
10.6. AEB will be financially responsible for all compensation, medical expenses, subsistence costs on Earth, and training for crew which it provides. Full training for all assigned duties will be required.
Standards, Specifications, Reviews and Language
11.1. Standards and specifications will be developed as part of the NASA-AEB IMP and associated bilateral documentation and will constitute the specific requirements for control purposes in this cooperative program.
11.2. A schedule of preliminary and critical design reviews for the AEB-provided equipment will be made, with joint participation of the Agencies in all such reviews. These and other reviews conducted by the Agencies will be defined and scheduled in the NASA-AEB JMP. Relevant information from similar ISS reviews having a bearing on the AEB-provided equipment will be transmitted to AEB expeditiously.
11.3. All communication and documentation for this project will be in the English language.
11.4. The AEB-provided equipment may be designed and developed in the Metric System of units (millimeter, kilogram, etc.). However, the primary system of units at the interfaces between the AEB-provided equipment and the ISS will be the U.S. Customary System (inch, pound, etc.). The Metric System of units may be used as the secondary system of units at the interfaces.
Safety and Mission Assurance
12.1. In order to assure safety, NASA has the responsibility, working with the other ISS Partners, to establish overall ISS safety and mission assurance requirements and plans covering ISS detailed design and development activities and mature operations and utilization. In order to assure safety, NASA has the responsibility, working with AEB, to establish overall safety and mission requirements and plans, relating to the AEB-provided equipment and associated GSE and software.
12.2. AEB will develop detailed safety and mission assurance requirements and plans for the AEB-provided equipment and associated GSE and software. Such requirements and plans must meet or exceed the overall ISS and safety and mission assurance requirements and plans established by NASA working with the other ISS Partners, and the Space Shuttle safety requirements established by NASA. Upon NASA approval of the AEB safety and mission assurance requirements and plans, AEB will have the responsibility to
implement applicable overall and detailed ISS and Space Shuttle safety and mission assurance requirements and plans throughout the lifetime of the program, and to certify that such requirements and plans have been met with respect to the ISS equipment and payloads it provides. NASA will have the overall responsibility to certify that the ISS as a whole and its elements and payloads are safe.
12.3. NASA will conduct overall integrated system safety reviews for ISS elements, launch package stage and payloads, as well as conduct safety reviews of the AEBprovided equipment and payloads. AEB will support these reviews and participate, as appropriate, in any ISS safety review boards established by NASA.
12.4. NASA will have the responsibility for taking any decision necessary to protect the safety of the ISS, including all equipment and elements operating in conjunction with the ISS, or its crew in an emergency.
13.1. The Parties will each bear the costs of discharging their respective responsibilities, including travel and subsistence of their own personnel and ground and air transportation of all equipment for which they are responsible.
13.2. The ability of the Parties to carry out their respective obligations is subject to their respective funding procedures and the availability of appropriated funds.
13.3. In the event that funding problems arise that may affect a Party's ability to fulfill its responsibilities, that Party will promptly notify and consult with the other Party.
13.4. The Parties will seek to minimize the exchange of funds while carrying out their respective responsibilities in this cooperative program, including, if they agree, through the use of barter (provision of goods and services).
Cross-Waiver of Liability
14.1. The objective of this Article is to establish a cross-waiver of liability by the Parties and related entities in the interest of encouraging participation in the exploration, exploitation, and use of outer space through the ISS. This cross-waiver of liability shall be broadly construed to achieve this objective.
14.2. For the purposes of this Article:
14.2.a. A "Party" includes the Government of the U.S., the Government of Brazil, and agencies, institutions, and entities established under the laws and regulations of the U.S. or Brazil for the implementation of this Implementing Arrangement.
14.2.b. The term "related entity" means:
(1) a Partner State under the Space Station Agreements (including Cooperating Agencies and assisting entities under the Space Station Agreements);
(2) a contractor or subcontractor of a Party or Partner State at any tier;
(3) a user or customer of a Party or Partner State at any tier; or
(4) a contractor or subcontractor of a user or customer of a Party or Partner State at any tier.
This subparagraph may also apply to a State, or an agency or institution of a State, having the same relationship to a Party or Partner State as described in subparagraphs 14.2.b.(1) through 14.2.b.(4) above or otherwise engaged in the implementation of Protected Space Operations as defined in subparagraph 14.2.f. below.
"Contractors" and "subcontractors" include suppliers of any kind. 14.2.c. The term "damage" means:
(1) bodily injury to, or other impairment of health of, or death of, any person;
(2) damage to, loss of, or loss of use of any property;
(3) loss of revenue or profits; or
(4) other direct, indirect or consequential damage.
14.2.d. The term "launch vehicle" means an object (or any part thereof) intended for launch, launched from Earth, or returning to Earth which carries payloads or persons, or both.
14.2.e. The term "payload" means all property to be flown or used on or in a launch vehicle or the ISS.
14.2.f. The term "Protected Space Operations" means all launch vehicle activities, ISS activities, and payload activities on Earth, in outer space, or in transit between Earth and outer space in implementation of the Space Station Agreements and implementing arrangements. It includes, but is not limited to:
(1) research, design, development, test, manufacture, assembly, integration, operation, or use of launch or transfer vehicles , the ISS, or a payload, as well as related support equipment and facilities and services; and
(2) all activities related to ground support, test, training, simulation, or guidance and control equipment and related facilities or services.
"Protected Space Operations" also includes all activities related to evolution of the ISS. "Protected Space Operations" excludes activities on Earth which are conducted on return from the ISS to develop further a payload's product or process for use other than for ISS related activities in implementation of this Implementing Arrangement and the Space Station Agreements.
14.3.a. Each Party agrees to a cross-waiver of liability pursuant to which each Party waives all claims against any of the entities or persons listed in subparagraphs 14.3.a.(1) through 14.3.a.(3) below based on damage arising out of Protected Space Operations. This cross-waiver shall apply only if the person, entity, or property causing the damage is involved in Protected Space Operations and the person, entity, or property damaged is damaged by virtue of its involvement in Protected Space Operations. The cross-waiver shall apply to any claims for damage, whatever the legal basis for such claims against:
(1) another Party or Partner State;
(2) a related entity of another Party or Partner State;
(3) the employees of any of the entities identified in subparagraphs 14.3.a.(1) and 14.3.a.(2) above.
14.3.b. In addition, each Party shall, by contract or otherwise, extend the cross-waiver of liability as set forth in subparagraph 14.3.a. above to its related entities by requiring them to:
(1) waive all claims against the entities or persons identified in subparagraphs 14.3.a.(1) through 14.3.a.(3) above; and
(2) require that their related entities waive all claims against the entities or persons identified in subparagraphs 14.3.a.(1) through 14.3.a.(3) above.
14.3.c. For avoidance of doubt, this cross-waiver of liability includes a cross-waiver of liability arising from the Liability Convention Where the person, entity, or property causing the damage is involved in Protected Space Operations and the person, entity, or property damaged is damaged by virtue of its involvement in Protected Space Operations.
14.3.d. Notwithstanding the other provisions of this Article, this cross-waiver of liability shall not be applicable to:
(1) claims between a Party and its related entity or between its own related entities;
(2) claims made by a natural person, his/her estate, survivors or subrogees (except when a subrogee is a Party) for bodily injury to, or other impairment of health of, or death of such natural person.
(3) claims for damage caused by willful misconduct;
(4) intellectual property claims;
(5) claims for damage resulting from a failure of a Party to extend the cross-waiver of liability to its related entities, pursuant to subparagraph 14.3.b. above.
14.3.e. Nothing in this Article shall be construed to create the basis for a claim or suit where none would otherwise exist.
14.4. This Implementing Arrangement constitutes fulfillment of the relevant obligation of the United States, pursuant to the Space Station Agreements, to extend the cross-waiver of liability to related entities.
15.1. Except as otherwise provided in Article 14, the Government of the United States and the Government of Brazil, shall remain liable in accordance with the Liability Convention.
15.2. In the event of a claim arising out of the Liability Convention, the Parties shall consult promptly on any potential liability, on any apportionment of such liability, and on the defense of such claim.
15.3. Regarding the provision of launch and return services provided for in Article 9, the Parties may conclude separate agreements regarding the apportionment of any potential joint and several liability arising out of the Liability Convention.
Customs and Immigration
16.1. The Parties shall facilitate the movement of persons and goods necessary to implement this Implementing Arrangement into and out of its territory, subject to its laws and regulations.
16.2. Subject to its laws and regulations, each Party shall facilitate provision of the appropriate entry and residence documentation for nationals and families of nationals of the other Party who enter or exit or reside within the territory of the first Party in order to carry out functions necessary for the implementation of this Implementing Arrangement
16.3. Each agency shall seek to obtain permission for duty-free importation and exportation to and from its territory, of goods and software which are necessary for implementation of this Implementing Arrangement and the Space Station Agreements and shall ensure their exemption from any other taxes and duties collected by the customs authorities. This paragraph shall be implemented without regard to the country of origin of such necessary goods and software. If any duties or taxes are levied on any such goods or software after the Agencies make an effort to arrange for duty-free customs clearance such expenses shall be borne by the agency whose Government imposes any such duties or taxes. The requirement to ensure resulting duty-free treatment shall be fully reciprocal.
Exchange of Data and Goods
17.1. Except as otherwise provided in this Article, the Agencies will transfer all technical data and goods considered to be necessary (by both parties to any transfer) to fulfill its respective responsibilities under this Implementing Arrangement and to fulfill NASA's obligations under the Space Station Agreements. Each agency undertakes to handle expeditiously any request for technical data or goods presented by the other agency for the purposes of this cooperation and the Space Station Agreements. This paragraph shall not require the Agencies to transfer any technical data and goods in contravention of applicable national laws or regulations.
17.2. The Parties agree that transfers of technical data and goods under this Implementing Arrangement shall be subject to the restrictions set forth in this paragraph. The transfer of technical data for the purposes of discharging the Agencies' responsibilities
with regard to interface, integration and safety shall normally be made without the restrictions set forth in this paragraph. If detailed design, manufacturing, and processing data and associated software is necessary for interface, integration or safety purposes, the transfer shall be made in accordance with subparagraph 1 above, but the data and associated software may be appropriately marked as set out below. Technical data and goods not covered by the restrictions set forth in this paragraph shall be transferred without restriction, except as otherwise restricted by national laws or regulations.
17.2.a. The furnishing agency will mark with a notice, or otherwise specifically identify, the technical data or goods that are to be protected for export control purposes. Such notice or identification shall indicate any specific conditions regarding how such technical data or goods may be used by the receiving agency and its contractors and subcontractors, and by including (1) that such technical data or goods will be used only to fulfill NASA's responsibilities under this Implementing Arrangement or the Space Station Agreements, and, (2) that such technical data or goods will not be used by persons or entities other than the receiving agency or ISS Partners, its contractors or subcontractors, or for any other purpose without the prior written permission of the furnishing agency.
17.2.b. The furnishing agency will mark with a notice the technical data that are to be protected for proprietary rights purposes. Proprietary data is data which existed prior to, or was produced outside of, this Implementing Arrangement, and such data embodies trade secrets or comprises commercial or financial information which is privileged or confidential. Such notice will indicate any specific conditions regarding how such technical data or goods may be used by the receiving agency and its contractors and subcontractors, including (1) that such technical data will be used, duplicated, or disclosed only to fulfill NASA's responsibilities under this Implementing Arrangement or the Space Station Agreements, and, (2) that such technical data or goods will not be used by persons or entities other than the receiving agency or ISS Partners, its contractors or subcontractors, or for any other purpose without the prior written permission of the furnishing agency.
17.2.c. In the event that any technical data or goods transferred under this Implementing Arrangement are classified, the furnishing agency shall mark with a notice, or otherwise specifically identify, such technical data or goods. The requested agency may require that any such transfer shall be pursuant to a security of information agreement or arrangement which sets forth the conditions for transferring and protecting such technical data or goods. A transfer need not be conducted if the receiving Party does not provide for the protection of the secrecy of patent applications containing information that is classified or otherwise held in secrecy for national security purposes.
No classified technical data or goods shall be transferred under this Implementing Arrangement unless both parties agree to the transfer.
17.3. Each agency shall take all necessary steps to ensure that technical data or goods received by it under subparagraphs 17.2.a, 17.2.b, or 17.2.c above shall be treated by the receiving agency, and other persons and entities (including contractors and subcontractors) to which the technical data or goods are subsequently transferred in accordance with the terms of the notice or identification. Each agency shall take all reasonably necessary steps, including ensuring appropriate contractual conditions in their contracts and subcontracts, to prevent unauthorized use, disclosure, or retransfer of, or unauthorized access to, such technical data or goods. In the case of technical data or goods received under subparagraph 17.2.c. above, the receiving agency shall accord such technical data or goods a level of protection at least equivalent to the level of protection accorded by the furnishing agency.
17.4. Except as otherwise provided in Article 19, it is not the intent of the Parties to grant, through this Implementing Arrangement any rights to a recipient beyond the right to use, disclose, or retransfer received technical data or goods consistent with conditions imposed under this Article.
17.5. Withdrawal from this Implementing Arrangement by a Party shall not affect rights or obligations regarding the protection of technical data and goods transferred under this Implementing Arrangement prior to such withdrawal, unless otherwise agreed in a withdrawal agreement pursuant to Article 22.
17.6. Notwithstanding any other provision of this Implementing Arrangement and if not agreed otherwise, each Party and its contractors and subcontractors shall make available to the other Party and the other Party's contractors and subcontractors, sufficient data to maintain, repair and replace all deliverable items under this Implementing Arrangement. Such data may be marked in accordance with subparagraph 2 of this Article.
Treatment of Data and Goods in Transit
Recognizing the importance of the continuing operation and full international utilization of the ISS, each Party shall, to the extent its applicable laws and regulations permit, allow the expeditious transit of data and goods of the other Party and their users. This Article shall only apply to data and goods transiting to and from the ISS, including but not limited to transit between its national border and a launch or landing site within its territory, and between a launch or landing site and the ISS.
19.1. Except as provided hereafter, all intellectual property conceived or developed solely by either Party or either Party's contractors and subcontractors in the performance of this Implementing Arrangement shall be owned by such Party or by its contractors and subcontractors. Each Party shall be entitled to a free of charge, non-exclusive, irrevocable license to use any intellectual property, conceived or developed by a Party or a Party's contractors or subcontractors, in the performance of this Implementing Arrangement, with the right to sublicense. Each Party shall have unlimited rights in any data, including computer software, first produced in the performance of this Implementing Arrangement.
19.2. Intellectual Property conceived or developed by the Parties under this Implementing Arrangement or ISS Partners in the performance of the Space Station Agreements shall be owned by the Party or ISS Partner who conceived or developed the intellectual property, in accordance with the IGA.
19.3. For the purposes of this Article, the Parties shall ensure that they or their contractors or subcontractors notify each other of any application for a patent or other intellectual property right within four months of the filing. The Parties shall treat such information as confidential as long as the application for the patent, or other form of property right, has not been published in accordance with the relevant law or during a period of 18 months following this application.
19.4. Where there is any doubt as to the application of these clauses to a particular situation such as intellectual property generated jointly or intellectual property belonging to third parties, or where a further agreement is needed to implement them in a particular case, then the Parties shall take without any delay all reasonable steps to maintain maximum legal protection and confidentiality.
19.5. For purposes of intellectual property law, activities occurring in or on an ISS flight element shall be deemed to have occurred only in the territory of the Partner State of that element's registry, except that for ESA-registered elements any European Partner State may deem the activity to have occurred within its territory.
19. 6. Where a person or entity owns intellectual property which is protected in more than one European Partner State, that person or entity may not recover in more than one such State for the same act of infringement of the same rights in such intellectual property which occurs in or on an ESA-registered element.
19.7. The temporary presence in the territory of a Partner State or Brazil of any articles, including equipment in or on the ISS, in transit between any place on Earth and any flight element of the ISS registered by a Partner State or ESA shall not in itself form the basis for any proceedings in a Partner State or Brazil for patent infringement.
20.1. Release of public information regarding this program may be made by the appropriate agency for its own portion of the program as desired, and insofar as participation of the other agency is concerned, after suitable consultation.
20.2. When necessary, detailed arrangements for implementing public information activities foreseen under this Article will be mutually agreed.
Consultation and Settlement of Disputes
Any dispute which is not settled through the mechanisms provided for in Article 8, or any other issue concerning the interpretation or implementation of the terms of this Implementing Arrangement that cannot be resolved otherwise, will be referred to the appropriate level of authority of the Agencies for consideration and action.
ARTICLE 22 Termination
22.1. Either Party may terminate this Implementing Arrangement at any time, upon at least one year's prior written notice by diplomatic note. If either Party gives notice of termination, the Parties will endeavor to reach agreement concerning the terms and conditions of either Party's termination before the effective date of termination, considering the objectives of this Implementing Arrangement. Moreover, recognizing the importance of the AEB-provided equipment to the ISS program, if the Government of the Federative Republic of Brazil terminates this Implementing Arrangement, AEB, if requested, will immediately take all necessary actions to enable NASA to succeed to all rights or title to equipment, hardware, drawings, documentation, software, spares, tooling, special test equipment, and/or any other necessary items related to its responsibilities under this Implementing Arrangement.
22.2. Upon notice of the Government of the Federative Republic of Brazil of termination of this Implementing Arrangement for any reason, NASA and AEB will expeditiously negotiate a termination agreement. Should such agreement provide for the
permanent transfer to NASA of AEB goods, it will also provide for NASA to give AEB adequate compensation for such transfer:
22.3. Termination by either party will not affect that party's continuing rights and obligations under this Implementing Arrangement with regard to liability and the protection of intellectual property unless otherwise agreed in a withdrawal agreement pursuant to Article 22.2 above.
ARTICLE 23 Amendments
This Implementing Arrangement may be amended by written agreement of the Parties. Each Party may propose to the other amendments to this Implementing Arrangement in writing.
Enhanced ISS Cooperation
The Parties agree to consult as appropriate regarding future opportunities for enhanced ISS cooperation. These consultations will be conducted through the Agencies using the management mechanisms provided for in Article 8.
Entry into Effect and Duration
This Implementing Arrangement will take effect upon signature. It will remain in effect for the duration of NASA's Space Station Program unless terminated in accordance with Article 22.
Signed at Brasilia this 14th day of October, 1997, in duplicate, in the English and Portuguese languages, each text being equally authentic.
FOR THE GOVERNMENT OF THE UNITED STATES OF AMERICA:
FOR THE GOVERNMENT OF THE FEDERATIVE REPUBLIC OF BRAZIL: