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The Government of Canada (hereinafter also ``Canada''),
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The Governments of the Kingdom of Belgium, the Kingdom
of Denmark, the French Republic, the Federal Republic of
Germany, the Italian Republic, the Kingdom of the Netherlands,
the Kingdom of Norway, the Kingdom of Spain, the Kingdom
of Sweden, the Swiss Confederation, and the United Kingdom
of Great Britain and Northern Ireland, being Governments of
Member States of the European Space Agency (hereinafter
collectively ``the European Governments'' or ``the European
Partner''),
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The Government of Japan (hereinafter also ``Japan''),
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The Government of the Russian Federation (hereinafter also
``Russia''), and
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The Government of the United States of America (hereinafter
``the Government of the United States'' or ``the United States''),
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Recalling that in January 1984 the President of the United
States directed the National Aeronautics and Space
Administration (NASA) to develop and place into orbit a
permanently manned Space Station and invited friends and allies
of the United States to participate in its development and use and
to share in the benefits thereof,
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Recalling the acceptance of the aforementioned invitation by
the Prime Minister of Canada at the March 1985 Quebec Summit
meeting with the President of the United States and the mutual
confirmation of interest on cooperation at the March 1986
Washington, D.C. Summit meeting,
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Recalling the terms of the relevant Resolutions adopted on 31
January 1985 and 20 October 1995 by the European Space
Agency (ESA) Council meeting at the ministerial level, and that,
within the framework of ESA, and in accordance with its purpose
as defined in Article II of the Convention establishing it, the
Columbus programme and the European participation in the
international Space Station development programme have been
undertaken to develop and will develop elements of the civil
international Space Station,
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Recalling Japan's interest in the Space Station program
manifested during the NASA Administrator's visits to Japan in
1984 and 1985 and Japan's participation in the U.S. space
program through the First Materials Processing Test,
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Recalling ESA's and Canada's participation in the U.S. Space
Transportation System through the European development of
the first manned space laboratory, Spacelab, and the Canadian
development of the Remote Manipulator System,
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Recalling the partnership created by 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
(hereinafter ``the 1988 Agreement''), done at Washington on 29
September 1988 and related Memoranda of Understanding
between NASA and the Ministry of State for Science and
Technology (MOSST) of Canada, NASA and ESA, and NASA
and the Government of Japan,
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Recognizing that the 1988 Agreement entered into force on 30
January 1992 between the United States and Japan,
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Recalling that NASA, ESA, the Government of Japan and
MOSST have been implementing cooperative activities to
realize the partnership in the Space Station program in
accordance with the 1988 Agreement and the related
Memoranda of Understanding, and recognizing that upon its
establishment on 1 March 1989, the Canadian Space Agency
(CSA) assumed responsibility for the execution of the Canadian
Space Station Program from MOSST,
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Convinced that, in view of the Russian Federation's unique
experience and accomplishments in the area of human space
flight and long-duration missions, including the successful
long-term operation of the Russian Mir Space Station, its
participation in the partnership will considerably enhance the
capabilities of the Space Station to the benefit of all the Partners,
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Recalling the invitation extended on 6 December 1993 by the
Government of Canada, the European Governments, the
Government of Japan, and the Government of the United States
to the Government of the Russian Federation to become a Partner
in the detailed design, development, operation and utilization of
the Space Station within the framework established by the Space
Station Agreements, and the positive response of the
Government of the Russian Federation on 17 December 1993 to
that invitation,
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Recalling the arrangements between the Chairman of the
Government of the Russian Federation and the Vice President of
the United States to promote cooperation on important human
spaceflight activities, including the Russian-U.S. Mir-Shuttle
program, to prepare for building the International Space Station,
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Recalling the Treaty on Principles Governing the Activities of
States in the Exploration and Use of Outer Space, including the
Moon and Other Celestial Bodies (hereinafter ``the Outer Space
Treaty''), which entered into force on 10 October 1967,
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Recalling the Agreement on the Rescue of Astronauts, the
Return of Astronauts, and the Return of Objects Launched into
Outer Space (hereinafter ``the Rescue Agreement''), which
entered into force on 3 December 1968,
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Recalling the Convention on International Liability for
Damage Caused by Space Objects (hereinafter ``the Liability
Convention''), which entered into force on 1 September 1972,
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Recalling the Convention on Registration of Objects
Launched into Outer Space (hereinafter ``the Registration
Convention''), which entered into force on 15 September 1976,
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Convinced that working together on the civil international
Space Station will further expand 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,
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Recognizing that NASA and CSA, NASA and ESA, NASA
and the Government of Japan, and NASA and the Russian Space
Agency (RSA) have prepared Memoranda of Understanding
(hereinafter ``the MOUs'') in conjunction with their
Governments' negotiation of this Agreement, and that the MOUs
provide detailed provisions in implementation of this
Agreement,
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Recognizing, in light of the foregoing, that it is desirable to
establish among the Government of Canada, the European
Governments, the Government of Japan, the Government of the
Russian Federation, and the Government of the United States a
framework for the design, development, operation, and
utilization of the Space Station,
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Have agreed as follows:
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1. The object of this Agreement is to establish a long-term
international cooperative framework among the Partners, on the
basis of genuine partnership, for the detailed design,
development, operation, and utilization of a permanently
inhabited civil international Space Station for peaceful purposes,
in accordance with international law. This civil international
Space Station will enhance the scientific, technological, and
commercial use of outer space. This Agreement specifically
defines the civil international Space Station program and the
nature of this partnership, including the respective rights and
obligations of the Partners in this cooperation. This Agreement
further provides for mechanisms and arrangements designed to
ensure that its object is fulfilled.
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2. The Partners will join their efforts, under the lead role of the
United States for overall management and coordination, to create
an integrated international Space Station. The United States and
Russia, drawing on their extensive experience in human space
flight, will produce elements which serve as the foundation for
the international Space Station. The European Partner and Japan
will produce elements that will significantly enhance the Space
Station's capabilities. Canada's contribution will be an essential
part of the Space Station. This Agreement lists in the Annex the
elements to be provided by the Partners to form the international
Space Station.
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3. The permanently inhabited civil international Space Station
(hereinafter ``the Space Station'') will be a multi-use facility in
low-earth orbit, with flight elements and Space Station-unique
ground elements provided by all the Partners. By providing
Space Station flight elements, each Partner acquires certain rights
to use the Space Station and participates in its management in
accordance with this Agreement, the MOUs, and implementing
arrangements.
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4. The Space Station is conceived as having an evolutionary
character. The Partner States' rights and obligations regarding
evolution shall be subject to specific provisions in accordance
with Article 14.
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1. The Space Station shall be developed, operated, and utilized
in accordance with international law, including the Outer Space
Treaty, the Rescue Agreement, the Liability Convention, and the
Registration Convention.
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2. Nothing in this Agreement shall be interpreted as:
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(a) modifying the rights and obligations of the Partner States
found in the treaties listed in paragraph 1 above, either toward
each other or toward other States, except as otherwise
provided in Article 16;
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(b) affecting the rights and obligations of the Partner States
when exploring or using outer space, whether individually or
in cooperation with other States, in activities unrelated to the
Space Station; or
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(c) constituting a basis for asserting a claim to national
appropriation over outer space or over any portion of outer
space.
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For the purposes of this Agreement, the following definitions
shall apply:
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(a) ``this Agreement'': the present Agreement, including the
Annex;
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(b) ``the Partners'' (or, where appropriate, ``each Partner''):
the Government of Canada; the European Governments listed
in the Preamble which become parties to this Agreement, as
well as any other European Government that may accede to
this Agreement in accordance with Article 25(3), acting
collectively as one Partner; the Government of Japan; the
Government of the Russian Federation; and the Government
of the United States;
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(c) ``Partner State'': each Contracting Party for which this
Agreement has entered into force, in accordance with Article
25.
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1. The Partners agree that the Canadian Space Agency
(hereinafter ``CSA'') for the Government of Canada, the
European Space Agency (hereinafter ``ESA'') for the European
Governments, the Russian Space Agency (hereinafter ``RSA'')
for Russia, and the National Aeronautics and Space
Administration (hereinafter ``NASA'') for the United States shall
be the Cooperating Agencies responsible for implementing
Space Station cooperation. The Government of Japan's
Cooperating Agency designation for implementing Space
Station cooperation shall be made in the Memorandum of
Understanding between NASA and the Government of Japan
referred to in paragraph 2 below.
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2. The Cooperating Agencies shall implement Space Station
cooperation in accordance with the relevant provisions of this
Agreement, the respective Memoranda of Understanding
(MOUs) between NASA and CSA, NASA and ESA, NASA and
the Government of Japan, and NASA and RSA concerning
cooperation on the civil international Space Station, and
arrangements between or among NASA and the other
Cooperating Agencies implementing the MOUs (implementing
arrangements). The MOUs shall be subject to this Agreement,
and the implementing arrangements shall be consistent with and
subject to the MOUs.
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3. Where a provision of an MOU sets forth rights or
obligations accepted by a Cooperating Agency (or, in the case of
Japan, the Government of Japan) not a party to that MOU, such
provision may not be amended without the written consent of
that Cooperating Agency (or, in the case of Japan, the
Government of Japan).
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1. In accordance with Article II of the Registration
Convention, each Partner shall register as space objects the flight
elements listed in the Annex which it provides, the European
Partner having delegated this responsibility to ESA, acting in its
name and on its behalf.
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2. Pursuant to Article VIII of the Outer Space Treaty and
Article II of the Registration Convention, each Partner shall
retain jurisdiction and control over the elements it registers in
accordance with paragraph 1 above and over personnel in or on
the Space Station who are its nationals. The exercise of such
jurisdiction and control shall be subject to any relevant
provisions of this Agreement, the MOUs, and implementing
arrangements, including relevant procedural mechanisms
established therein.
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1. Canada, the European Partner, Russia, and the United
States, through their respective Cooperating Agencies, and an
entity designated by Japan at the time of the deposit of its
instrument under Article 25(2), shall own the elements listed in
the Annex that they respectively provide, except as otherwise
provided for in this Agreement. The Partners, acting through
their Cooperating Agencies, shall notify each other regarding the
ownership of any equipment in or on the Space Station.
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2. The European Partner shall entrust ESA, acting in its name
and on its behalf, with ownership over the elements it provides,
as well as over any other equipment developed and funded under
an ESA programme as a contribution to the Space Station, its
operation or utilization.
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3. The transfer of ownership of the elements listed in the
Annex or of equipment in or on the Space Station shall not affect
the rights and obligations of the Partners under this Agreement,
the MOUs, or implementing arrangements.
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4. Equipment in or on the Space Station shall not be owned by,
and ownership of elements listed in the Annex shall not be
transferred to, any non-Partner or private entity under the
jurisdiction of a non-Partner without the prior concurrence of the
other Partners. Any transfer of ownership of any element listed
in the Annex shall require prior notification of the other Partners.
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5. The ownership of equipment or material provided by a user
shall not be affected by the mere presence of such equipment or
material in or on the Space Station.
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6. The ownership or registration of elements or the ownership
of equipment shall in no way be deemed to be an indication of
ownership of material or data resulting from the conduct of
activities in or on the Space Station.
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7. The exercise of ownership of elements and equipment shall
be subject to any relevant provisions of this Agreement, the
MOUs, and implementing arrangements, including relevant
procedural mechanisms established therein.
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1. Management of the Space Station will be established on a
multilateral basis and the Partners, acting through their
Cooperating Agencies, will participate and discharge
responsibilities in management bodies established in accordance
with the MOUs and implementing arrangements as provided
below. These management bodies shall plan and coordinate
activities affecting the design and development of the Space
Station and its safe, efficient, and effective operation and
utilization, as provided in this Agreement and the MOUs. In
these management bodies, decision-making by consensus shall
be the goal. Mechanisms for decision-making within these
management bodies where it is not possible for the Cooperating
Agencies to reach consensus are specified in the MOUs.
Decision-making responsibilities which the Partners and their
Cooperating Agencies have with respect to the elements they
provide are specified in this Agreement and the MOUs.
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2. The United States, acting through NASA, and in
accordance with the MOUs and implementing arrangements,
shall be responsible for management of its own program,
including its utilization activities. The United States, acting
through NASA, and in accordance with the MOUs and
implementing arrangements, shall also be responsible for:
overall program management and coordination of the Space
Station, except as otherwise provided in this Article and in the
MOUs; overall system engineering and integration;
establishment of overall safety requirements and plans; and
overall planning for and coordination of the execution of the
overall integrated operation of the Space Station.
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3. Canada, the European Partner, Japan and Russia, acting
through their Cooperating Agencies, and in accordance with the
MOUs and implementing arrangements, shall each be
responsible for: management of their own programs, including
their utilization activities; system engineering and integration of
the elements they provide; development and implementation of
detailed safety requirements and plans for the elements they
provide; and, consistent with paragraph 2 above, supporting the
United States in the performance of its overall responsibilities,
including participating in planning for and coordination of the
execution of the integrated operation of the Space Station.
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4. To the extent that a design and development matter concerns
only a Space Station element provided by Canada, the European
Partner, Japan, or Russia and is not covered in the agreed
program documentation provided for in the MOUs, that Partner,
acting through its Cooperating Agency, may make decisions
related to that element.
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In accordance with Article 7 and other relevant provisions of
this Agreement, and in accordance with the MOUs and
implementing arrangements, each Partner, acting through its
Cooperating Agency, shall design and develop the elements
which it provides, including Space Station-unique ground
elements adequate to support the continuing operation and full
international utilization of the flight elements, and shall interact
with the other Partners, through their Cooperating Agencies, to
reach solutions on design and development of their respective
elements.
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1. Utilization rights are derived from Partner provision of user
elements, infrastructure elements, or both. Any Partner that
provides Space Station user elements shall retain use of those
elements, except as otherwise provided in this paragraph.
Partners which provide resources to operate and use the Space
Station, which are derived from their Space Station infrastructure
elements, shall receive in exchange a fixed share of the use of
certain user elements. Partners' specific allocations of Space
Station user elements and of resources derived from Space
Station infrastructure are set forth in the MOUs and
implementing arrangements.
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2. The Partners shall have the right to barter or sell any portion
of their respective allocations. The terms and conditions of any
barter or sale shall be determined on a case-by-case basis by the
parties to the transaction.
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3. Each Partner may use and select users for its allocations for
any purpose consistent with the object of this Agreement and
provisions set forth in the MOUs and implementing
arrangements, except that:
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(a) any proposed use of a user element by a non-Partner or
private entity under the jurisdiction of a non-Partner shall
require the prior notification to and timely consensus among
all Partners through their Cooperating Agencies; and
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(b) the Partner providing an element shall determine whether
a contemplated use of that element is for peaceful purposes,
except that this subparagraph shall not be invoked to prevent
any Partner from using resources derived from the Space
Station infrastructure.
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4. In its use of the Space Station, each Partner, through its
Cooperating Agency, shall seek through the mechanisms
established in the MOUs to avoid causing serious adverse effects
on the use of the Space Station by the other Partners.
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5. Each Partner shall assure access to and use of its Space
Station elements to the other Partners in accordance with their
respective allocations.
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6. For purposes of this Article, an ESA Member State shall not
be considered a ``non-Partner''.
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The Partners, acting through their Cooperating Agencies,
shall have responsibilities in the operation of the elements they
respectively provide, in accordance with Article 7 and other
relevant provisions of this Agreement, and in accordance with
the MOUs and implementing arrangements. The Partners, acting
through their Cooperating Agencies, shall develop and
implement procedures for operating the Space Station in a
manner that is safe, efficient, and effective for Space Station users
and operators, in accordance with the MOUs and implementing
arrangements. Further, each Partner, acting through its
Cooperating Agency, shall be responsible for sustaining the
functional performance of the elements it provides.
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1. Each Partner has the right to provide qualified personnel to
serve on an equitable basis as Space Station crew members.
Selections and decisions regarding the flight assignments of a
Partner's crew members shall be made in accordance with
procedures provided in the MOUs and implementing
arrangements.
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2. The Code of Conduct for the Space Station crew will be
developed and approved by all the Partners in accordance with
the individual Partner's internal procedures, and in accordance
with the MOUs. A Partner must have approved the Code of
Conduct before it provides Space Station crew. Each Partner, in
exercising its right to provide crew, shall ensure that its crew
members observe the Code of Conduct.
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1. Each of the Partners shall have the right of access to the
Space Station using its respective government and private sector
space transportation systems, if they are compatible with the
Space Station. The United States, Russia, the European Partner,
and Japan, through their respective Cooperating Agencies, shall
make available launch and return transportation services for the
Space Station (using such space transportation systems as the
U.S. Space Shuttle, the Russian Proton and Soyuz, the European
Ariane-5, and the Japanese H-II). Initially, the U.S. and Russian
space transportation systems will be used to provide launch and
return transportation services for the Space Station and, in
addition, the other space transportation systems will be used as
those systems become available. Access and launch and return
transportation services shall be in accordance with the provisions
of the relevant MOUs and implementing arrangements.
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2. Those Partners providing launch and return transportation
services to other Partners and their respective users on a
reimbursable or other basis shall provide such services consistent
with conditions specified in the relevant MOUs and
implementing arrangements. Those Partners providing launch
and return transportation services on a reimbursable basis shall
provide such services to another Partner or the users of that
Partner, in comparable circumstances, on the same basis they
provide such services to any other Partner or the users of such
other Partner. Partners shall use their best efforts to accommodate
proposed requirements and flight schedules of the other Partners.
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3. The United States, through NASA, working with the other
Partners' Cooperating Agencies in management bodies, shall
plan and coordinate launch and return transportation services for
the Space Station in accordance with the integrated traffic
planning process, as provided in the MOUs and implementing
arrangements.
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4. Each Partner shall respect the proprietary rights in and the
confidentiality of appropriately marked data and goods to be
transported on its space transportation system.
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1. The United States and Russia, through their Cooperating
Agencies, shall provide the two primary data relay satellite
system space and ground communications networks for
command, control, and operations of Space Station elements and
payloads, and other Space Station communication purposes.
Other Partners may provide data relay satellite system space and
ground communication networks, if they are compatible with the
Space Station and with Space Station use of the two primary
networks. The provision of Space Station communications shall
be in accordance with provisions in the relevant MOUs and
implementing arrangements.
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2. On a reimbursable basis, the Cooperating Agencies shall
use their best efforts to accommodate, with their respective
communication systems, specific Space Station-related
requirements of one another, consistent with conditions specified
in the relevant MOUs and implementing arrangements.
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3. The United States, through NASA, working with the other
Partners' Cooperating Agencies in management bodies, shall
plan and coordinate space and ground communications services
for the Space Station in accordance with relevant program
documentation, as provided in the MOUs and implementing
arrangements.
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4. Measures to ensure the confidentiality of utilization data
passing through the Space Station Information System and other
communication systems being used in connection with the Space
Station may be implemented, as provided in the MOUs. Each
Partner shall respect the proprietary rights in, and the
confidentiality of, the utilization data passing through its
communication systems, including its ground network and the
communication systems of its contractors, when providing
communication services to another Partner.
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1. The Partners intend that the Space Station shall evolve
through the addition of capability and shall strive to maximize
the likelihood that such evolution will be effected through
contributions from all the Partners. To this end, it shall be the
object of each Partner to provide, where appropriate, the
opportunity to the other Partners to cooperate in its proposals for
additions of evolutionary capability. The Space Station together
with its additions of evolutionary capability shall remain a civil
station, and its operation and utilization shall be for peaceful
purposes, in accordance with international law.
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2. This Agreement sets forth rights and obligations
concerning only the elements listed in the Annex, except that this
Article and Article 16 shall apply to any additions of
evolutionary capability. This Agreement does not commit any
Partner State to participate in, or otherwise grant any Partner
rights in, the addition of evolutionary capability.
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3. Procedures for the coordination of the Partners' respective
evolution studies and for the review of specific proposals for the
addition of evolutionary capability are provided in the MOUs.
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4. Cooperation between or among Partners regarding the
sharing of addition(s) of evolutionary capability shall require,
following the coordination and review provided for in paragraph
3 above, either the amendment of this Agreement, or a separate
agreement to which the United States, to ensure that any addition
is consistent with the overall program, and any other Partner
providing a Space Station element or space transportation system
on which there is an operational or technical impact, shall be
parties.
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5. Following the coordination and review provided for in
paragraph 3 above, the addition of evolutionary capability by
one Partner shall require prior notification of the other Partners,
and an agreement with the United States to ensure that any
addition is consistent with the overall program, and with any
other Partner providing a Space Station element or space
transportation system on which there is an operational or
technical impact.
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6. A Partner which may be affected by the addition of
evolutionary capability under paragraph 4 or 5 above may
request consultations with the other Partners in accordance with
Article 23.
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7. The addition of evolutionary capability shall in no event
modify the rights and obligations of any Partner State under this
Agreement and the MOUs concerning the elements listed in the
Annex, unless the affected Partner State otherwise agrees.
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1. Each Partner shall bear the costs of fulfilling its respective
responsibilities under this Agreement, including sharing on an
equitable basis the agreed common system operations costs or
activities attributed to the operation of the Space Station as a
whole, as provided in the MOUs and implementing
arrangements.
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2. Financial obligations of each Partner pursuant to this
Agreement are subject to its funding procedures and the
availability of appropriated funds. Recognizing the importance
of Space Station cooperation, each Partner undertakes to make its
best efforts to obtain approval for funds to meet those
obligations, consistent with its respective funding procedures.
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3. In the event that funding problems arise that may affect a
Partner's ability to fulfill its responsibilities in Space Station
cooperation, that Partner, acting through its Cooperating
Agency, shall notify and consult with the other Cooperating
Agencies. If necessary, the Partners may also consult.
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4. The Partners shall seek to minimize operations costs for the
Space Station. In particular, the Partners, through their
Cooperating Agencies, in accordance with the provisions of the
MOUs, shall develop procedures intended to contain the
common system operations costs and activities within approved
estimated levels.
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5. The Partners shall also seek to minimize the exchange of
funds in the implementation of Space Station cooperation,
including through the performance of specific operations
activities as provided in the MOUs and implementing
arrangements or, if the concerned Partners agree, through the use
of barter.
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1. The objective of this Article is to establish a cross-waiver of
liability by the Partner States and related entities in the interest of
encouraging participation in the exploration, exploitation, and
use of outer space through the Space Station. This cross-waiver
of liability shall be broadly construed to achieve this objective.
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2. For the purposes of this Article:
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(a) A ``Partner State'' includes its Cooperating Agency. It also
includes any entity specified in the MOU between NASA and
the Government of Japan to assist the Government of Japan's
Cooperating Agency in the implementation of that MOU.
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(b) The term ``related entity'' means:
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(1) a contractor or subcontractor of a Partner State at any
tier;
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(2) a user or customer of a Partner State at any tier; or
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(3) a contractor or subcontractor of a user or customer of a
Partner State at any tier.
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This subparagraph may also apply to a State, or an agency
or institution of a State, having the same relationship to a
Partner State as described in subparagraphs 2(b)(1)
through 2(b)(3) above or otherwise engaged in the
implementation of Protected Space Operations as defined
in subparagraph 2(f) below.
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``Contractors'' and ``subcontractors'' include suppliers of
any kind.
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(c) The term ``damage'' means:
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(1) bodily injury to, or other impairment of health of, or
death of, any person;
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(2) damage to, loss of, or loss of use of any property;
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(3) loss of revenue or profits; or
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(4) other direct, indirect or consequential damage.
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(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.
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(e) The term ``payload'' means all property to be flown or used
on or in a launch vehicle or the Space Station.
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(f) The term ``Protected Space Operations'' means all launch
vehicle activities, Space Station activities, and payload
activities on Earth, in outer space, or in transit between Earth
and outer space in implementation of this Agreement, the
MOUs, and implementing arrangements. It includes, but is
not limited to:
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(1) research, design, development, test, manufacture,
assembly, integration, operation, or use of launch or
transfer vehicles, the Space Station, or a payload, as well as
related support equipment and facilities and services; and
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(2) all activities related to ground support, test, training,
simulation, or guidance and control equipment and related
facilities or services.
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``Protected Space Operations'' also includes all activities
related to evolution of the Space Station, as provided for in
Article 14. ``Protected Space Operations'' excludes activities
on Earth which are conducted on return from the Space
Station to develop further a payload's product or process for
use other than for Space Station related activities in
implementation of this Agreement.
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3. (a) Each Partner State agrees to a cross-waiver of liability
pursuant to which each Partner State waives all claims against
any of the entities or persons listed in subparagraphs 3(a)(1)
through 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:
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(1) another Partner State;
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(2) a related entity of another Partner State;
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(3) the employees of any of the entities identified in
subparagraphs 3(a)(1) and 3(a)(2) above.
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(b) In addition, each Partner State shall, by contract or
otherwise, extend the cross-waiver of liability as set forth in
subparagraph 3(a) above to its related entities by requiring
them to:
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(1) waive all claims against the entities or persons identified
in subparagraphs 3(a)(1) through 3(a)(3) above; and
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(2) require that their related entities waive all claims against
the entities or persons identified in subparagraphs 3(a)(1)
through 3(a)(3) above.
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(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.
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(d) Notwithstanding the other provisions of this Article, this
cross-waiver of liability shall not be applicable to:
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(1) claims between a Partner State and its related entity or
between its own related entities;
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(2) claims made by a natural person, his/her estate,
survivors or subrogees (except when a subrogee is a Partner
State) for bodily injury to, or other impairment of health of,
or death of such natural person;
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(3) claims for damage caused by willful misconduct;
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(4) intellectual property claims;
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(5) claims for damage resulting from a failure of a Partner
State to extend the cross-waiver of liability to its related
entities, pursuant to subparagraph 3(b) above.
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(e) With respect to subparagraph 3(d)(2) above, in the event
that a subrogated claim of the Government of Japan is not
based upon government employee accident compensation
law, the Government of Japan shall fulfill its obligation to
waive such subrogated claim by ensuring that any assisting
entity specified pursuant to subparagraph 2(a) above
indemnifies, in a manner consistent with Article 15(2) and in
accordance with applicable laws and regulations of Japan, any
entity or person identified in subparagraphs 3(a)(1) through
3(a)(3) above against liability arising from such subrogated
claim by the Government of Japan. Nothing in this Article
shall preclude the Government of Japan from waiving the
foregoing subrogated claims.
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(f) Nothing in this Article shall be construed to create the basis
for a claim or suit where none would otherwise exist.
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1. Except as otherwise provided in Article 16, the Partner
States, as well as ESA, shall remain liable in accordance with the
Liability Convention.
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2. In the event of a claim arising out of the Liability
Convention, the Partners (and ESA, if appropriate) shall consult
promptly on any potential liability, on any apportionment of
such liability, and on the defense of such claim.
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3. Regarding the provision of launch and return services
provided for in Article 12(2), the Partners concerned (and ESA,
if appropriate) may conclude separate agreements regarding the
apportionment of any potential joint and several liability arising
out of the Liability Convention.
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1. Each Partner State shall facilitate the movement of persons
and goods necessary to implement this Agreement into and out
of its territory, subject to its laws and regulations.
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2. Subject to its laws and regulations, each Partner State shall
facilitate provision of the appropriate entry and residence
documentation for nationals and families of nationals of another
Partner State who enter or exit or reside within the territory of the
first Partner State in order to carry out functions necessary for the
implementation of this Agreement.
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3. Each Partner State shall grant permission for duty-free
importation and exportation to and from its territory of goods and
software which are necessary for implementation of this
Agreement 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.
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1. Except as otherwise provided in this paragraph, each
Partner, acting through its Cooperating Agency shall transfer all
technical data and goods considered to be necessary (by both
parties to any transfer) to fulfill the responsibilities of that
Partner's Cooperating Agency under the relevant MOUs and
implementing arrangements. Each Partner undertakes to handle
expeditiously any request for technical data or goods presented
by the Cooperating Agency of another Partner for the purposes
of Space Station cooperation. This Article shall not require a
Partner State to transfer any technical data and goods in
contravention of its national laws or regulations.
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2. The Partners shall make their best efforts to handle
expeditiously requests for authorization of transfers of technical
data and goods by persons or entities other than the Partners or
their Cooperating Agencies (for example, company-to-company
exchanges which are likely to develop), and they shall encourage
and facilitate such transfers in connection with the Space Station
cooperation under this Agreement. Otherwise, such transfers are
not covered by the terms and conditions of this Article. National
laws and regulations shall apply to such transfers.
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3. The Partners agree that transfers of technical data and goods
under this Agreement shall be subject to the restrictions set forth
in this paragraph. The transfer of technical data for the purposes
of discharging the Partners' 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 paragraph 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.
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(a) The furnishing Cooperating Agency shall mark with a
notice, or otherwise specifically identify, the technical data or
goods that are to be protected for export control purposes.
Such a notice or identification shall indicate any specific
conditions regarding how such technical data or goods may be
used by the receiving Cooperating Agency and its contractors
and subcontractors, including
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(1) that such technical data or goods shall be used only for
the purposes of fulfilling the receiving Cooperating
Agency's responsibilities under this Agreement and the
relevant MOUs, and
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(2) that such technical data or goods shall not be used by
persons or entities other than the receiving Cooperating
Agency, its contractors or subcontractors, or for any other
purposes, without the prior written permission of the
furnishing Partner State, acting through its Cooperating
Agency.
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(b) The furnishing Cooperating Agency shall mark with a
notice the technical data that are to be protected for proprietary
rights purposes. Such notice shall indicate any specific
conditions regarding how such technical data may be used by
the receiving Cooperating Agency and its contractors and
subcontractors, including
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(1) that such technical data shall be used, duplicated, or
disclosed only for the purposes of fulfilling the receiving
Cooperating Agency's responsibilities under this
Agreement and the relevant MOUs, and
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(2) that such technical data shall not be used by persons or
entities other than the receiving Cooperating Agency, its
contractors or subcontractors, or for any other purposes,
without the prior written permission of the furnishing
Partner State, acting through its Cooperating Agency.
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(c) In the event that any technical data or goods transferred
under this Agreement are classified, the furnishing
Cooperating Agency shall mark with a notice, or otherwise
specifically identify, such technical data or goods. The
requested Partner State 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 Partner State 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 Agreement unless
both parties agree to the transfer.
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4. Each Partner State shall take all necessary steps to ensure
that technical data or goods received by it under subparagraphs
3(a), 3(b), or 3(c) above shall be treated by the receiving Partner
States, its Cooperating 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 Partner State and
Cooperating 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 3(c) above, the receiving Partner
State or Cooperating Agency shall accord such technical data or
goods a level of protection at least equivalent to the level of
protection accorded by the furnishing Partner State or
Cooperating Agency.
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5. It is not the intent of the Partners to grant, through this
Agreement or the relevant MOUs, 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.
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6. Withdrawal from this Agreement by a Partner State shall not
affect rights or obligations regarding the protection of technical
data and goods transferred under this Agreement prior to such
withdrawal, unless otherwise agreed in a withdrawal agreement
pursuant to Article 28.
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7. For the purposes of this Article, any transfer of technical
data and goods by a Cooperating Agency to ESA shall be
deemed to be destined to ESA, to all of the European Partner
States, and to ESA's designated Space Station contractors and
subcontractors, unless otherwise specifically provided for at the
time of transfer.
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8. The Partners, through their Cooperating Agencies, will
establish guidelines for security of information.
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Recognizing the importance of the continuing operation and
full international utilization of the Space Station, each Partner
State shall, to the extent its applicable laws and regulations
permit, allow the expeditious transit of data and goods of the
other Partners, their Cooperating Agencies, and their users. This
Article shall only apply to data and goods transiting to and from
the Space Station, 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 Space Station.
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1. For the purposes of this Agreement, ``intellectual property''
is understood to have the meaning of Article 2 of the Convention
Establishing the World Intellectual Property Organization, done
at Stockholm on 14 July 1967.
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2. Subject to the provisions of this Article, for purposes of
intellectual property law, an activity occurring in or on a Space
Station 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. For
avoidance of doubt, participation by a Partner State, its
Cooperating Agency, or its related entities in an activity
occurring in or on any other Partner's Space Station flight
element shall not in and of itself alter or affect the jurisdiction
over such activity provided for in the previous sentence.
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3. In respect of an invention made in or on any Space Station
flight element by a person who is not its national or resident, a
Partner State shall not apply its laws concerning secrecy of
inventions so as to prevent the filing of a patent application (for
example, by imposing a delay or requiring prior authorization)
in any other Partner State that provides for the protection of the
secrecy of patent applications containing information that is
classified or otherwise protected for national security purposes.
This provision does not prejudice
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(a) the right of any Partner State in which a patent application
is first filed to control the secrecy of such patent application or
restrict its further filing; or
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(b) the right of any other Partner State in which an application
is subsequently filed to restrict, pursuant to any international
obligation, the dissemination of an application.
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4. 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.
Where the same act of infringement in or on an ESA-registered
element gives rise to actions by different intellectual property
owners by virtue of more than one European Partner State's
deeming the activity to have occurred in its territory, a court may
grant a temporary stay of proceeding in a later-filed action
pending the outcome of an earlier-filed action. Where more than
one action is brought, satisfaction of a judgment rendered for
damages in any of the actions shall bar further recovery of
damages in any pending or future action for infringement based
upon the same act of infringement.
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5. With respect to an activity occurring in or on an
ESA-registered element, no European Partner State shall refuse
to recognize a license for the exercise of any intellectual property
right if that license is enforceable under the laws of any European
Partner State, and compliance with the provisions of such license
shall also bar recovery for infringement in any European Partner
State.
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6. The temporary presence in the territory of a Partner State of
any articles, including the components of a flight element, in
transit between any place on Earth and any flight element of the
Space Station registered by another Partner State or ESA shall
not in itself form the basis for any proceedings in the first Partner
State for patent infringement.
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In view of the unique and unprecedented nature of this
particular international cooperation in space:
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1. Canada, the European Partner States, Japan, Russia, and the
United States may exercise criminal jurisdiction over personnel
in or on any flight element who are their respective nationals.
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2. In a case involving misconduct on orbit that:
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(a) affects the life or safety of a national of another Partner
State, or
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(b) occurs in or on or causes damage to the flight element of
another Partner State, the Partner State whose national is the
alleged perpetrator shall, at the request of any affected Partner
State, consult with such State concerning their respective
prosecutorial interests. An affected Partner State may,
following such consultation, exercise criminal jurisdiction
over the alleged perpetrator provided that, within 90 days of
the date of such consultation or within such other period as
may be mutually agreed, the Partner State whose national is
the alleged perpetrator either:
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(1) concurs in such exercise of criminal jurisdiction, or
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(2) fails to provide assurances that it will submit the case to
its competent authorities for the purpose of prosecution.
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3. If a Partner State which makes extradition conditional on
the existence of a treaty receives a request for extradition from
another Partner State with which it has no extradition treaty, it
may at its option consider this Agreement as the legal basis for
extradition in respect of the alleged misconduct on orbit.
Extradition shall be subject to the procedural provisions and the
other conditions of the law of the requested Partner State.
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4. Each Partner State shall, subject to its national laws and
regulations, afford the other Partners assistance in connection
with alleged misconduct on orbit.
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5. This Article is not intended to limit the authorities and
procedures for the maintenance of order and the conduct of crew
activities in or on the Space Station which shall be established in
the Code of Conduct pursuant to Article 11, and the Code of
Conduct is not intended to limit the application of this Article.
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1. The Partners, acting through their Cooperating Agencies,
may consult with each other on any matter arising out of Space
Station cooperation. The Partners shall exert their best efforts to
settle such matters through consultation between or among their
Cooperating Agencies in accordance with procedures provided
in the MOUs.
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2. Any Partner may request that government-level
consultations be held with another Partner on any matter arising
out of Space Station cooperation. The requested Partner shall
accede to such request promptly. If the requesting Partner notifies
the United States that the subject of such consultations is
appropriate for consideration by all the Partners, the United
States shall convene multilateral consultations at the earliest
practicable time, to which it shall invite all the Partners.
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3. Any Partner which intends to proceed with significant flight
element design changes which may have an impact on the other
Partners shall notify the other Partners accordingly at the earliest
opportunity. A Partner so notified may request that the matter be
submitted to consultations in accordance with paragraphs 1 and
2 above.
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4. If an issue not resolved through consultations still needs to
be resolved, the concerned Partners may submit that issue to an
agreed form of dispute resolution such as conciliation,
mediation, or arbitration.
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In view of the long-term, complex, and evolving character of
their cooperation under this Agreement, the Partners shall keep
each other informed of developments which might affect this
cooperation. Beginning in 1999, and every three years thereafter,
the Partners shall meet to deal with matters involved in their
cooperation and to review and promote Space Station
cooperation.
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1. This Agreement shall remain open for signature by the
States listed in the Preamble of this Agreement.
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2. This Agreement is subject to ratification, acceptance,
approval, or accession. Ratification, acceptance, approval, or
accession shall be effected by each State in accordance with its
constitutional processes. Instruments of ratification, acceptance,
approval, or accession shall be deposited with the Government
of the United States, hereby designated as the Depositary.
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3. (a) This Agreement shall enter into force on the date on
which the last instrument of ratification, acceptance, or
approval of Japan, Russia and the United States has been
deposited. The Depositary shall notify all signatory States of
this Agreement's entry into force.
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(b) This Agreement shall not enter into force for a European
Partner State before it enters into force for the European
Partner. It shall enter into force for the European Partner after
the Depositary receives instruments of ratification,
acceptance, approval, or accession from at least four European
signatory or acceding States, and, in addition, a formal
notification by the Chairman of the ESA Council.
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(c) Following entry into force of this Agreement for the
European Partner, it shall enter into force for any European
State listed in the Preamble that has not deposited its
instrument of ratification, acceptance or approval upon
deposit of such instrument. Any ESA Member State not listed
in the Preamble may accede to this Agreement by depositing
its instrument of accession with the Depositary.
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4. Upon entry into force of this Agreement, the 1988
Agreement shall cease to be in force.
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5. If this Agreement has not entered into force for a Partner
within a period of two years after its signature, the United States
may convene a conference of the signatories to this Agreement
to consider what steps, including any modifications to this
Agreement, are necessary to take account of that circumstance.
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Notwithstanding Article 25(3)(a) above, this Agreement shall
become operative as between the United States and Russia on the
date they have expressed their consent to be bound by depositing
their instruments of ratification, acceptance or approval. The
Depositary shall notify all signatory States if this Agreement
becomes operative between the United States and Russia
pursuant to this Article.
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This Agreement, including its Annex, may be amended by
written agreement of the Governments of the Partner States for
which this Agreement has entered into force. Amendments to
this Agreement, except for those made exclusively to the Annex,
shall be subject to ratification, acceptance, approval, or accession
by those States in accordance with their respective constitutional
processes. Amendments made exclusively to the Annex shall
require only a written agreement of the Governments of the
Partner States for which this Agreement has entered into force.
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1. Any Partner State may withdraw from this Agreement at
any time by giving to the Depositary at least one year's prior
written notice. Withdrawal by a European Partner State shall not
affect the rights and obligations of the European Partner under
this Agreement.
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2. If a Partner gives notice of withdrawal from this Agreement,
with a view toward ensuring the continuation of the overall
program, the Partners shall endeavor to reach agreement
concerning the terms and conditions of that Partner's withdrawal
before the effective date of withdrawal.
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3. (a) Because Canada's contribution is an essential part of the
Space Station, upon its withdrawal, Canada shall ensure the
effective use and operation by the United States of the
Canadian elements listed in the Annex. To this end, Canada
shall expeditiously provide hardware, drawings,
documentation, software, spares, tooling, special test
equipment, and/or any other necessary items requested by the
United States.
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(b) Upon Canada's notice of withdrawal for any reason, the
United States and Canada shall expeditiously negotiate a
withdrawal agreement. Assuming that such agreement
provides for the transfer to the United States of those elements
required for the continuation of the overall program, it shall
also provide for the United States to give Canada adequate
compensation for such transfer.
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4. If a Partner gives notice of withdrawal from this Agreement,
its Cooperating Agency shall be deemed to have withdrawn from
its corresponding MOU with NASA, effective from the same
date as its withdrawal from this Agreement.
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5. Withdrawal by any Partner State shall not affect that Partner
State's continuing rights and obligations under Articles 16, 17,
and 19, unless otherwise agreed in a withdrawal agreement
pursuant to paragraph 2 or 3 above.
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IN WITNESS WHEREOF the undersigned, being duly
authorized thereto by their respective Governments, have signed
this Agreement.
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DONE at Washington, this 29th day of January, 1998. The
texts of this Agreement in the English, French, German, Italian,
Japanese, and Russian languages shall be equally authentic. A
single original text in each language shall be deposited in the
archives of the Government of the United States. The Depositary
shall transmit certified copies to all signatory States. Upon entry
into force of this Agreement, the Depositary shall register it
pursuant to Article 102 of the Charter of the United Nations.
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Space Station Elements to be Provided by the Partners
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The Space Station elements to be provided by the Partners are
summarized below and are further elaborated in the MOUs:
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1. The Government of Canada, through CSA, shall provide:
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- as a Space Station infrastructure element, the Mobile
Servicing Center (MSC);
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- as an additional flight element, the Special Purpose
Dexterous Manipulator; and
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- in addition to the flight elements above, Space
Station-unique ground elements.
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2. The European Governments, through ESA, shall provide:
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- as a user element, the European pressurized laboratory
(including basic functional outfitting);
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- other flight elements to supply and to reboost the Space
Station; and
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- in addition to the flight elements above, Space
Station-unique ground elements.
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3. The Government of Japan shall provide:
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- as a user element, the Japanese Experiment Module
(including basic functional outfitting, as well as the
Exposed Facility and the Experiment Logistics Modules);
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- other flight elements to supply the Space Station; and
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- in addition to the flight elements above, Space
Station-unique ground elements.
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4. The Government of Russia, through RSA, shall provide:
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- Space Station infrastructure elements, including service
and other modules;
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- as user elements, research modules (including basic
functional outfitting) and attached payload
accommodation equipment;
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- other flight elements to supply and to reboost the Space
Station; and
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- in addition to the flight elements above, Space
Station-unique ground elements.
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5. The Government of the United States, through NASA, shall
provide:
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- Space Station infrastructure elements, including a
habitation module;
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- as user elements, laboratory modules (including basic
functional outfitting), and attached payload
accommodation equipment;
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- other flight elements to supply the Space Station; and
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- in addition to the flight elements above, Space
Station-unique ground elements.
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