TREATIES AND OTHER INTERNATIONAL ACTS SERIES 13167
Memorandum of Understanding
UNITED STATES OF AMERICA
Signed at Reston and Funafuti
August 3 and October 26, 2001
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 Reston and Funafuti
August 3 and October 26, 2001;
Entered into force October 26, 2001.
MEMORANDUM OF UNDERSTANDING
THE U.S. GEOLOGICAL SURVEY
DEPARTMENT OF THE INTERIOR
OF THE UNITED STATES OF AMERICA
MINISTRY FOR WORKS AND COMMUNICATIONS
SCIENTIFIC AND TECHNICAL COOPERATION
IN THE EARTH SCIENCES
ARTICLE I. SCOPE AND OBJECTIVES
1. The U.S. Geological Survey of the Department of the Interior of the United States of
America (hereinafter "USGS") and the Meteorological Department of the Ministry for Works
and Communications of the Tuvalu Government (hereinafter "Met. Dept.") hereby agree to
pursue scientific and technical cooperation in the earth sciences in accordance with this
Memorandum of Understanding (hereinafter "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 USGS and the Met. Dept. (hereinafter "Party" or "Parties") with respect to the earth and
3. Each Party may, with the consent of the other Party and to the extent permitted by the
laws and policies of each Government, invite other government entities to participate in activities
undertaken pursuant to this Memorandum.
ARTICLE II. COOPERATIVE ACTIVITIES
1. Forms of cooperation under the Memorandum may consist of, but are not limited to,
exchanges of scientific and technical knowledge, equipment and expertise, visits, training,
and cooperative research consistent with ongoing 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, including hazards, resources and environment;
B. Biology, 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.
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 Parties shall agree in
accordance with Article VIII, below, upon specific Project Annexes in writing before the
commencement of any activity pursuant to this Memorandum.
ARTICLE IV. FEE AND TAX EXEMPTION
In accordance with its laws and regulations, each Party shall work toward obtaining on behalf
of the other Party relief from taxes, fees, customs duties, and other charges (excluding fees for
specific services rendered) levied with respect to:
A. All transfer, ownership, construction, renovation or maintenance of facilities or
property by or on behalf of the other Party to implement this Memorandum.
B. The import, purchase, ownership, use or disposition (including export) of goods and
services by or on behalf of the other Party in support of activities under this Memorandum; and
C. Personal property of personnel of the other Party or entities of that Party
implementing provisions of this Memorandum.
In the event that any such taxes, fees, customs duties, or other charges are nonetheless levied
on such activities, facilities, property, equipment and related goods or services, such taxes, fees
and customs duties shall be borne by the levying Party.
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 suitability of 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
Each Party shall designate a principal representative who, at such times as are 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
Parties in writing. Whenever more than the exchange of technical information or visits of
individuals is contemplated, 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 the case of any inconsistency between the terms of this
Memorandum and the terms of a Project Annex, the terms of this Memorandum shall be
ARTICLE IX. ENTRY INTO FORCE AND TERMINATION
This Memorandum shall enter into force upon signature by both Parties and remain in force
until terminated at any time by either Party upon ninety (90) days prior written notice to the other
Party. This Memorandum may be amended by mutual written agreement after appropriate
approvals of the Parties. Unless otherwise agreed, the termination of the Memorandum shall not
affect the validity or duration of projects under this Memorandum that have been initiated prior
to such termination.
DONE at Reston and Fur A.-rtA-rt. , in duplicate, in the English language.
FOR THE U.S. GEOLOGICAL SURVEY
OF THE DEPARTMENT OF THE
INTERIOR OF THE UNITED STATES
FOR THE METEOROLOGICAL
DEPARTMENT OF THE MINISTRY FOR.
WORKS AND COMMUNICATIONS OF
THE TUVALU GOVERNMENT:
Charles G. Groat
144.44%0f al WWU, (0604144citth01 TI41444044.
.264 6144044 '111'61
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 this 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 of rights between a Party and its nationals, which shall be determined by that Party's
laws and practices.
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 this Annex.
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 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) Notwithstanding 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, regulatthns, and administrative practices.
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 interests of
national defense or foreign relations and classified in accordance with its applicable national
laws and regulations shall be provided under this Memorandum. In the event that information
or equipment that is known or believed to require such protection is identified in the course of
cooperative activities undertaken 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 measures.
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 Project Annexes. Export
controlled information shall be marked to identify it as export controlled and identify any
restrictions or further use or transfer.