Agreement Between the Hydrographic Institute of the Navy of Chile and the National Science Foundation Regarding the Marine Scientific Research Activities of the R/V Hero, Santiago, 1983

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In Santiago on June 1, 1983, between the Hydrographic Institute of the Navy (IHA), represented by its Director, Captain Eduardo Barison Roberts; and on the other part, the National Science Foundation (NSF), represented by Mr. Wade H. B. Matthews, Charge d'Affaires of the Embassy of the United States of America at Santiago, Chile, the following has been agreed:

FIRST. The Government of the United States and the Government of Chile agree that the National Science Foundation (NSF) and the Hydrographic Institute (IHA) shall cooperate in the conduct of scientific and technological research by the R/V HERO in the 200 nautical-mile zone off the coast of Chile.

SECOND. The NSF will notify the IHA of proposed research through diplomatic channels six months in advance of the voyage. A copy of the notice will be sent simultaneously to the IHA. A detailed request will be submitted to the IHA in the manner detailed in Article 2 of Supreme Decree No. 711 of August 22, 1975, at least sixty days in advance of the voyage. This request will include plans for the involvement of Chilean scientists, as required in Supreme Decree No. 711. The form contained in Annex I of D.L. 711 will be completed and a navigation track of the scientific activities will be provided.

THIRD. IHA will forward the request to the Office of the Commander in Chief of the Navy for review. The NSF will be notified of approval, modification, or disapproval action through diplomatic channels.

FOURTH. All data and specimens collected, including film, fossils, minerals, and published materials must be shared between the NSF and IHA. The removal from the country of any material that has been collected, filmed, or recorded, and any minerals or fossil matter collected during research in Chilean canals or territorial waters, authorized in conformity with this agreement, may take place only with prior authorization from the IHA. The IHA shall inform the NSF of the terms of such authorization prior to the conduct of the research. The latter may request the advice of specialized agencies, but in any case the IHA may retain whatever research-related materials, data, or information it considers appropriate.

FIFTH. NSF will, whenever possible include at least two Chilean scientists in each cruise in addition to the Chilean pilots or observers required by Chilean law.

SIXTH. The two Governments shall endeavor to resolve any dispute arising between them concerning the interpretation or application of this agreement by appropriate means.

SEVENTH. This agreement does not affect or prejudice the obligations of the two Governments under other international agreements, the Antarctic Treaty, or the views of either Government concerning the Law of the Sea.

EIGHTH. This agreement shall enter into force upon signature and shall remain in force for two-year periods, unless either party notifies the other in writing of its intention to terminate the agreement at least six months prior to the expiration of a two-year period, in which case it shall terminate at the end of this period.

NINTH. The heads of scientific expeditions must submit a preliminary report to the IHA at the end of the cruise and a final report of the work performed to date no later than ten months after the date of their departure from Chile.

For the Hydrographic Institute of the Navy of Chile Captain Eduardo Barison Roberts Director

For the National Science Foundation of the United States of America Mr. Wade H. B. Matthews Charge d'Affaires of the Embassy of the United States of America