TREATIES AND OTHER INTERNATIONAL ACTS SERIES 13081
Memorandum of Understanding
UNITED STATES OF AMERICA
Signed at Algiers February 21, 2000
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 Algiers February 21, 2000;
Entered into force February 21, 2000.
MEMORANDUM OF UNDERSTANDING
U.S. GEOLOGICAL SURVEY
U.S. DEPARTMENT OF THE INTERIOR
OF THE UNITED STATES OF AMERICA
OFFICE NATIONAL DE LA RECHERCHE
GEOLOGIQUE ET MINIERE
MINISTRY OF ENERGY AND MINES
DEMOCRATIC AND POPULAR REPUBLIC OF ALGERIA
SCIENTIFIC AND TECHNICAL COOPERATION
IN THE EARTH SCIENCES
ARTICLE I. SCOPE AND OBJECTIVES
1. The U.S. Geological Survey of the U.S. Department of the Interior (hereinafter referred
to as the "USGS") of the United States of America and the Office National de la Recherche
Geologique et Miniere of the Ministry of Energy and Mines of the Democratic and Popular
Republic of Algeria (hereinafter referred to as the "ORGM") hereby agree to pursue scientific and
technical cooperation in the earth sciences in accordance with this Memorandum of
Understanding (hereinafter referred to as the "Memorandum").
2. The purpose of this Memorandum is to provide a framework for the exchange of scientific
and technical knowledge and the augmentation of scientific and technical capabilities of the
U.S. Geological Survey (USGS) and the Office of National de la Recherche Geologique et
Miniere (ORGM) with respect to the earth sciences.
3. Each Party may, with the consent of the other Party, invite agencies of its government to
participate in activities undertaken pursuant to this Memorandum.
ARTICLE II. COOPERATIVE ACTIVITIES
1. Forms of cooperation under this Memorandum may consist of exchanges of technical
information, visits, and cooperative research consistent with programs of the Parties. Specific
areas of cooperation may include, but are not limited to, such areas of mutual interest as:
A. Earth-science investigations-hazards, resources and environment;
B. Biology and biological investigations and technical developments;
C. Geospatial data applications;
D. Water resources and other hydrologic investigations; and
E. Information systems.
2. Activities under this Memorandum shall be undertaken in accordance with the laws,
regulations, and procedures of each country where they are implemented.
ARTICLE III. AVAILABILITY OF RESOURCES
Cooperative activities under this Memorandum shall be subject to the availability of personnel,
resources, and funds. This Memorandum shall not be construed to obligate any particular
expenditure or commitment of resources or personnel. The implementing agencies shall agree in
accordance with Article VIII, below, upon specific Project Annexes in writing before the
commencement of each activity hereunder.
ARTICLE IV. FEE AND TAX EXEMPTION
The implementing agencies shall make best efforts to obtain from their respective
Governments the exoneration of all fees and taxes, including taxes on services rendered, levied
on the following items, related to or used in furtherance of activities under this Memorandum
provided that such exemptions are provided for in the applicable law:
A. Personal effects being used by and belonging to USGS personnel.
B. Imported scientific and technical material and equipment that belong to the
U.S. Government and that would remain U.S. Government property.
C. All contracts for construction of facilities and goods and services in support of these
activities necessary to implement this Memorandum.
ARTICLE V. INTELLECTUAL PROPERTY AND SECURITY OBLIGATIONS
Provisions for the protection and distribution of intellectual property created or furnished in
the course of cooperative activities under this Memorandum shall be governed by Annex I of this
Memorandum. Provisions for the protection of classified information and unclassified export-
controlled information and equipment are set forth in Annex II of this Memorandum.
ARTICLE VI. DISCLAIMER
Information transmitted by one Party to the other Party under this Memorandum shall be
accurate to the best knowledge and belief of the transmitting Party, but the transmitting Party
does not warrant the information transmitted for any particular use or application by the receiving
Party or by any third Party.
ARTICLE VII. PLANNING AND REVIEW OF ACTIVITIES
The USGS and ORGM shall each designate a principal representative who, at such times
mutually agreed upon by the Parties, shall meet to review the activities under this Memorandum
and develop proposals for future activities, as appropriate.
ARTICLE VIII. PROJECT ANNEXES
Any activity carried out under this Memorandum shall be agreed upon in advance by the
USGS and ORGM in writing. Whenever more than the exchange of technical information or
visits of individuals is planned, such activity shall be described in an agreed Project Annex to this
Memorandum, which shall set forth in terms appropriate to the activity, a work plan, staffing
requirements, cost estimates, funding sources, and other undertakings, obligations, or conditions
not included in this Memorandum. In case of inconsistency between the terms of this
Memorandum and the terms of a Project Annex, the terms of this Memorandum shall be
ARTICLE XI. ENTRY INTO FORCE AND TERMINATION
This Memorandum shall enter into force upon signature by both Parties and remain in force
until terminated by the Parties. It may be amended or extended by mutual written agreement, and
may be terminated at any time by either Party upon ninety (90) days prior written notice to the
other Party. Unless otherwise agreed, the termination of this Memorandum shall not affect the
validity or duration of projects under this Memorandum that have been initiated prior to such
Done at Reston and Algiers, in duplicate, in the English and French languages, both texts being
FOR THE U.S. GEOLOGICAL SURVEY OF FOR THE OFFICE NATIONAL DE LA
THE DEPARTMENT OF THE INTERIOR RECHERCHE GEOLOGIQUE ET
OF THE UNITED STATES OF AMERICA: MINIERE OF THE DEMOCRATIC AND
POPULAR REPUBLIC OF ALGERIA:
M. T. Bouarroudj
Director of ORGM
21 February 2000 21 February 2000
Pursuant to Article V of this Memorandum of Understanding:
The Parties shall ensure adequate and effective protection of intellectual property created or
furnished under this Memorandum and relevant project annexes. The Parties agree to notify
one another in a timely fashion of any inventions or copyrighted works arising under this
Memorandum and to seek protection for such intellectual property in a timely fashion. Rights to
such intellectual property shall be allocated as provided in this Annex.
A. This Annex is applicable to all cooperative activities undertaken pursuant to this
Memorandum, except as otherwise specifically agreed by the Parties or their designees.
B. For purposes of this Memorandum, "intellectual property" shall have the meaning found
in Article 2 of the Convention Establishing the World Intellectual Property Organization, done at
Stockholm, July 14, 1967.
C. This Annex addresses the allocation of rights, interests, and royalties between the Parties.
Each Party shall ensure that the other Party can obtain the rights to intellectual property allocated
in accordance with the Annex, by obtaining those rights from its own participants through
contracts or other legal means, if necessary. This Annex does not otherwise alter or prejudice the
allocation between a Party and its nationals, which shall be determined by that Party's laws and
D. Disputes concerning intellectual property arising under this Memorandum should be
resolved through discussions between the concerned participating institutions or, if necessary, the
Parties or their designees. Upon mutual agreement of the Parties, a dispute shall be submitted to
an arbitral tribunal for binding arbitration in accordance with the applicable rules of international
law. Unless the Parties or their designees agree otherwise in writing, the arbitration rules of the
United Nations Commission on International Trade Law (UNCITRAL) shall govern.
E. Termination or expiration of this Memorandum shall not affect rights or obligations under
II. ALLOCATION OF RIGHTS
A. Each party shall be entitled to a non-exclusive, irrevocable, royalty-free license in all
countries to translate, reproduce, and publicly distribute scientific and technical journal articles,
reports, and books directly arising from cooperation under this Memorandum. All publicly
distributed copies of a copyrighted work prepared under this provision shall indicate the names of
the authors of the work unless an author explicitly declines to be named.
B. Rights to all forms of intellectual property, other than those rights described in Section II
(A) above, shall be allocated as follows:
1. Visiting researchers, for example, scientists visiting primarily in furtherance of their
education, shall receive intellectual property rights under the policies of the host institution. In
addition, each visiting researcher named as an inventor shall be entitled to share in a portion of
any royalties earned by the host institution from the licensing of such intellectual property.
2. (a) For intellectual property created during joint research, for example, when the
Parties, participating institutions, or participating personnel have agreed in advance on the scope
of work, each Party shall be entitled to obtain all rights and interests in its own territory. Rights
and interests in third countries will be determined in project annexes. If research is not designated
as "joint research" in the relevant project annex, rights to intellectual property arising from the
research will be allocated in accordance with paragraph II.B.1. In addition, each person named as
an inventor shall be entitled to share in a portion of any royalties earned by either institution from
the licensing of the property.
(b) Not withstanding paragraph II.B.2(a), if a type of intellectual property is available
under the laws of one Party but not the other Party, the Party whose laws provide for this type of
protection shall be entitled to all rights and interests worldwide. Persons named as inventors of
the property shall nonetheless be entitled to royalties as provided in paragraph II.B.2 (a).
III. BUSINESS-CONFIDENTIAL INFORMATION
In the event that information identified in a timely fashion as business-confidential is furnished
or created under this Memorandum, each Party and its participants shall protect such information
in accordance with applicable laws, regulations, and administrative practice. Information may be
identified as "business-confidential" if a person having the information may derive an economic
benefit from it or may obtain a competitive advantage over those who do not have it, the
information is not generally known or publicly available from other sources, and the owner has
not previously made the information available without imposing in a timely manner an obligation
to keep it confidential.
I. PROTECTION OF SENSITIVE TECHNOLOGY
Both Parties agree that no information or equipment requiring protection in the interest of
national defense or foreign relations of either Party and classified in accordance with the
applicable national laws and regulations shall be provided under this Memorandum. In the event
that information or equipment which is known or believed to require such protection is identified
in the course of cooperative activities pursuant to this Memorandum, it shall be brought
immediately to the attention of the appropriate officials and the Parties shall consult to identify
appropriate security measures to be agreed upon by the Parties in writing and applied to this
information and equipment and shall, if appropriate, amend this Memorandum to incorporate such
II. TECHNOLOGY TRANSFER
The transfer of unclassified export-controlled information or equipment between the Parties
shall be in accordance with the relevant laws and regulations of each Party. If either Party deems
it necessary, detailed provisions for the prevention of unauthorized transfer or retransfer of such
information or equipment shall be incorporated into the contracts or implementing arrangements.
Export controlled information shall be marked to identify it as export controlled and identify any
restrictions on further use or transfer.