THE MARINE MAMMAL COMMISSION COMPENDIUM
BILATERAL / NORWAY
First Update; pages 835-845
Done at Baltimore 19 May 1994
Entered into force 19 May 1994
Primary source citation: Copy of text provided by the U.S. Department of State
AGREEMENT BETWEEN THE DEPARTMENT OF DEFENSE OF THE UNITED STATES OF AMERICA AND THE MINISTRY OF DEFENSE OF THE KINGDOM OF NORWAY FOR COOPERATION ON ENVIRONMENTAL PROTECTION IN DEFENSE MATTERS Dated May 19, 1994
TABLE OF CONTENTS
Article I DEFINITION OF TERMS AND ABBREVIATIONS
Article II OBJECTIVE
Article III SCOPE OF WORK
Article IV MANAGEMENT (ORGANIZATION AND RESPONSIBILITY)
Article V FINANCIAL PROVISIONS
Article VI CONTRACTUAL PROVISIONS
Article VII PROJECT EQUIPMENT
Article VIII DISCLOSURE AND USE OF PROGRAM INFORMATION
Article IX CONTROLLED UNCLASSIFIED INFORMATION
Article X VISITS TO ESTABLISHMENTS
Article XI SECURITY
Article XII THIRD PARTY SALES AND TRANSFERS
Article XIII LIABILITY
Article XIV CUSTOMS DUTIES, TAXES AND SIMILAR CHARGES
Article XV SETTLEMENT OF DISPUTES
Article XVI LANGUAGE
Article XVII GENERAL PROVISIONS
Article XVIII AMENDMENT, WITHDRAWAL, TERMINATION, ENTRY INTO FORCE AND DURATION
The Department of Defense of the United States of America and the Ministry of Defence of The Kingdom of Norway, hereinafter referred to as the "Parties":
Having a common interest in defense;
Recognize the benefits to be obtained from rationalization, standardization and interoperability of military equipments and methods for identifying and preventing environmental pollution;
Seek to make the best use of their respective research and development capacities, eliminate unnecessary duplication of work and obtain the most efficient and cost-effective results;
Recognize the need to collectively develop emerging technologies to address environmental issues;
Have agreed as follows:
ARTICLE I DEFINITION OF TERMS AND ABBREVIATIONS
Official information that requires protection in the interests of national security and is so designated by the application of a security classification marking.
Controlled Unclassified Project Information
Unclassified information to which access or distribution limitations have been applied in accordance with national laws and regulations, and which will be marked and handled in compliance with this Agreement.
Manufacture or other use in any part of the world by or for the armed forces of a Party, including the furnishing to a Third Party (subject to Article XII of this Agreement).
Designated Security Authority (DSA) The security office approved by a national authority to be responsible for that nation's security aspects of this Agreement.
Environmental Technology Research and Development Project (ETRDP) Specific information exchange or collaborative activity on basic research, exploratory and advanced development technologies in accordance with an Annex to this Agreement.
Project Background Information
Information not generated in the performance of a ETRDP, working group or biannual meeting of the Parties.
Project Foreground Information
Information generated in the performance of a ETRDP, working group or biannual meeting of the Parties.
Legal protection of the right to exclude others from making, using, or selling an invention. The term refers to any and all patents, including but not limited to patents of implementation, improvement, or addition, petty patents utility models, appearance design patents, registered designs, and inventor certificates or like statutory protection as well as divisions, reissues, continuations, renewals, and extensions, of any of these.
Any material, equipment, end item, subsystem, component, special tooling or test equipment used in a ETRDP. Project Information
Any data, knowledge, fact, or information provided, generated, or used in a ETRDP under this agreement regardless of form or type, including that of a scientific, technical, business, or financial nature, and also including photographs, reports, manuals, threat data, experimental data, test data, designs, specifications, processes, techniques, inventions, drawings, technical writings, sound recordings, pictorial representations, and other graphical presentations, whether in magnetic tape, computer memory, or any other form and whether or not subject to copyright, patent, or other legal protection.
Any invention or discovery formulated, made (conceived or first actually reduced to practice) in the course of work performed under a Project. The term first actually reduced to practice means the first demonstration, sufficient to establish to one skilled in the art to which the invention pertains, of the operability of an invention for its intended purpose and in its intended environment.
Any person or other entity whose government or whose governing authority is not a Party to this Agreement.
ARTICLE II OBJECTIVE
2. Detailed terms and conditions of each individual ETRDP shall be in accordance with this Agreement and be recorded in Annexes to this Agreement. Each Annex shall include, as a minimum, provisions concerning the objective, scope of work, management structure, financial arrangements, contractual arrangements (if required) and responsibilities of the Parties.
3. U.S. participation will include the OSD, Army, Navy and Air Force.
ARTICLE III SCOPE OF WORK
2. Experience, information and views on selected environmental issues will be initially exchanged in the following areas:
Efforts to reduce or eliminate adverse environmental impacts on air, water and land due to armed forces installations and activities.
Methods to measure, predict, and mitigate the effects of noise related to defense systems operations.
Efforts to monitor, remediate and restore environments contaminated by defense activities.
Guidelines and techniques for the disposal of defense material/wastes.
Factoring environmental considerations into the acquisition and procurement of equipment and ¬facilities.
Efforts to implement pollution prevention and source reduction measures on naval ships and at defense installations.
Development of environmental training and education programs to increase environmental awareness in the armed forces.
Efforts to develop techniques needed for successful multiple resource management on defense installations in light of military operations.
3. Once these initial exchanges have taken place, individual ETRDPs will be established by the Parties to address specific areas of joint activity or information exchange.
ARTICLE IV MANAGEMENT
2. The Parties will also schedule working groups to address the environmental areas described in Article III, paragraph 2. When these working groups decide a particular area warrants further attention, the Parties will enter into an Annex to this Agreement to establish an ETRDP for that area.
3. Each ETRDP shall be directed and administered on behalf of the Parties by a Steering Committee (SC) and Project Officers (PO) appointed by each Party. The SC shall have overall authority over the POs, in accordance with this Agreement. The POs shall have primary responsibility for implementation, management, and direction of the ETRDP in accordance with this Agreement.
4. The SC shall be responsible for:
Exercising executive-level policy and management direction during the course of ETRDP ¬implementation.
Monitoring overall ETRDP implementation, including ETRDP execution, specifications, milestones, cost and financial requirements.
ARTICLE V FINANCIAL PROVISIONS
Costs associated with any unique national requirements identified by a Party.
Costs associated with attendance at, and hosting of, biannual meetings and working groups.
Any other costs outside the scope of this Agreement and its Annexes.
3. A Party shall promptly notify the other Party if available funds are not adequate to fulfill its obligations under this Agreement or an Annex. If a Party notifies the other Party that it is terminating or reducing its funding for a ETRDP, both Parties shall immediately consult with a view toward continuation on a changed or reduced basis.
4. The financial arrangements for a specific ETRDP will be provided in the Annex for that ETRDP. ARTICLE VI CONTRACTUAL PROVISIONS
2. When one Party individually contracts to undertake a task under an Annex to this Agreement, it shall be solely responsible for its own contracting, and the other Party shall not be subject to any liability arising from such contracts without its written agreement.
3. For all contracting activities performed by either Party, the POs shall be provided a copy of all Statements of Work prior to the development of solicitations to ensure that they are consistent with the provisions of this Agreement and the applicable Annex.
4. Each Party's Contracting Agency shall negotiate to obtain the rights to use and disclose Project Information required by ARTICLE VIII (Disclosure and Use of Project Information). Each Party's Contracting Agency shall insert into its prospective contracts (and require its subcontractors to insert in subcontracts) suitable provisions to satisfy the requirements of ARTICLE VIII (Disclosure and Use of Project Information), ARTICLE IX (Controlled Unclassified Information), ARTICLE XI (Security) and ARTICLE XII (Third Party Sales and Transfers) of this Agreement. During the contracting process, each Party's contracting officer shall advise prospective contractors of their obligation to immediately notify the Contracting Agency before contract award if they are subject to any license or agreement that will restrict that Party's freedom to disclose information or permit its use. The contracting officer will also advise prospective contractors to employ their best efforts not to enter into any new agreement or arrangement that shall result in restrictions.
5. In the event a Party's Contracting Agency is unable to secure adequate rights to use and disclose Project Information as required by ARTICLE VIII (Disclosure and Use of Project Information), or is notified by contractors or potential contractors of any restrictions on the disclosure and use of information, that Party's PO shall notify the other Party's PO of the restrictions.
6. Each Party's PO shall promptly advise the other Party's PO of any cost growth, schedule delay, or performance problems of any contractor for which its Contracting Agency is responsible.
ARTICLE VII PROJECT EQUIPMENT
3. All Project Equipment that is transferred shall be used by the receiving Party only for the purposes set out in the relevant Annex. In addition, in accordance with Article XII (Third Party Sales and Transfers) Project Equipment will not be re-transferred to a Third Party without the prior written consent of the providing Party.
4. Project Equipment transferred to one Party under this Agreement shall be returned to the providing Party prior to the termination or expiration of this Agreement.
5. Any Project Equipment which is jointly acquired on behalf of both Parties for use under this Agreement shall be disposed of during the ETRDP or when the ETRDP ceases, as agreed by the SC.
ARTICLE VIII DISCLOSURE AND USE OF PROJECT INFORMATION
Both Parties recognize that successful collaboration depends on full and prompt exchange of information necessary for carrying out each ETRDP. The Parties intend to acquire sufficient Project Information and rights to enable collaboration on basic research, exploratory and advanced development technologies whose maturation may lead to the development of technologically superior environmental protection systems. The nature and amount of Project Information to be acquired shall be consistent with the objectives stated in ARTICLE II (Objectives) and the Annexes to this Agreement.
2. Project Foreground Information
Disclosure: Project Foreground Information shall be made available to both Parties in accordance with the provisions of this Agreement.
Use: Each Party may use this Project Foreground Information without charge for its Defense Purposes; however, if a Party intends to use the Project Foreground Information in a sale or other transfer to a Third Party, the provisions of ARTICLE XII (Third Party Sales and Transfers) of this Agreement shall apply.
3. Project Background Information
Disclosure: Each Party, upon request, shall make available to the other Party any relevant information in its possession not generated in the performance of the Project, provided that:
(1) The Project Background Information is necessary to or useful in the Project. The Party in possession of the information shall determine whether it is "necessary to" or "useful in" the Project;
(2) The Project Background Information may be made available without incurring liability to holders of proprietary rights; and
(3) Disclosure is consistent with national disclosure policies and regulations of the furnishing Party.
Use: Project Background Information furnished by a Party may be used by the other Party for ETRDP purposes only.
4. Proprietary Project Information
All proprietary information shall be identified and marked.
The provisions of the Agreement to Facilitate Interchange of Patent Rights and Technical Information for Defense Purposes, dated April 6, 1955 between the U.S. and Norway shall apply to proprietary Project Information related to this Agreement.
Where a Party has or can secure the right to file a patent application with regard to a Project Invention, that Party shall consult with the other Party regarding the filing of such patent application. The Party having such rights shall in other countries, file, cause to be filed, or provide the other Party with the opportunity to file on behalf of the Party holding such rights, or its contractors, as appropriate, patent applications covering any such Project Invention. If a Party having filed or caused to be filed a patent application decides to stop prosecution of the application, that Party shall notify the other Party of that decision and permit the other Party to continue the prosecution.
Each Party shall be furnished with copies of patent applications filed and patents granted with regard to Project Inventions.
Each Party shall acquire a non-exclusive, irrevocable, royalty-free license to practice or have practiced, by or on behalf of the Party, throughout the world for Defense Purposes, any Project Invention.
Patent applications which contain classified information, to be filed under this Agreement, shall be protected and safeguarded in accordance with the Agreement Approving the Procedures for Reciprocal Filing of Classified Patent Applications in the U.S. and Norway, dated January 17, 1959. Insofar as possible, each Party shall extend to the other Party any relief from patent infringement claims arising in the course of work performed under the Project that it may be able to claim on its own behalf. The Parties shall, in accordance with their national laws and practices, give their authorization and consent for all use and manufacture in the course of work performed under the Project of any invention covered by a patent issued by their respective countries. Each Party is responsible for handling all patent infringement claims made in its territory and to inform the other Party of such claims and to consult with the other Party during the handling and prior to any settlement of such claims.
ARTICLE IX CONTROLLED UNCLASSIFIED INFORMATION
Such information shall be used only for the purposes authorized for use of Project Information as specified in ARTICLE VIII (Disclosure and Use of Project Information).
Access to such information shall be limited to personnel whose access is necessary for the permitted use under subparagraph (a) above, and subject to the provisions of ARTICLE XII (Third Party Sales and Transfers).
Each Party shall take all lawful steps, which may include national classification, available to it to keep such information free from further disclosure (including requests under any legislative provisions) unless the originating Party consents to such disclosure. In the event of unauthorized disclosure, or if it becomes probable that the information may have to be disclosed to a Third Party or a judicial body under any legislative provision, immediate notification shall be given to the originating Party.
2. To assist in providing the appropriate controls, the Parties shall agree in advance on the markings to be placed on the Controlled Unclassified Information.
3. Controlled Unclassified Information provided or generated pursuant to this Agreement shall be stored, handled and transmitted in a manner that ensures control as provided for in Paragraph 1. Prior to authorizing the release of Controlled Unclassified Information to contractors, the Parties shall ensure the contractors are legally bound to control such information in accordance with the provisions of this ARTICLE.
ARTICLE X VISITS TO ESTABLISHMENTS
2. All visiting personnel shall be required to comply with security regulations of the host Party. Any information disclosed or made available to visitors shall be treated as if supplied to the Party sponsoring the visiting personnel, and shall be subject to the provisions of this Agreement.
3. Requests for visits by personnel of one Party to a facility of the other Party shall be coordinated through official channels, and shall conform with the established visit procedures of the host country. Requests for visits shall cite this Agreement and the appropriate ETRDP as the basis for the request.
4. Lists of personnel of each Party required to visit, on a continuing basis, facilities of the other Party shall be submitted through official channels in accordance with Recurring International Visit Procedures.
ARTICLE XI SECURITY
It is the intent of the Parties that the Program carried out under this Agreement shall be conducted at the unclassified level. No classified information shall be provided or generated under this Agreement.
ARTICLE XII THIRD PARTY SALES AND TRANSFERS
2. The MoD of Norway shall retain the right to sell, transfer title to, disclose, or transfer possession of Project Foreground Information generated solely by the DoD in performance of work under ARTICLE III (Scope of Work), or any Annex to this Agreement, or any item produced either wholly or in part by it from such Project Foreground Information to Third Parties.
3. The Parties recognize the possibility that Project Foreground Information resulting from joint performance of their work obligations under ARTICLE III (Scope of Work) may be generated either pursuant to working groups and biannual meetings or pursuant to Annexes to this Agreement. The Parties shall not sell, transfer title to, or transfer possession of jointly developed Project Foreground Information or Project Equipment to any Third Party without the prior written consent of the other Party. Furthermore, no Party shall permit any such sale or transfer, including by a contractor that has developed the foreground information or project equipment, without the prior written consent of the other Party. Such consent may be set forth in an Annex and shall require that the government of the intended recipient provides advance written assurances that it will:
Not retransfer, or permit the further retransfer of, any equipment or information provided; and,
Use, or permit the use of, the equipment or information provided for the purposes specified by the Parties.
4. In the event questions arise regarding the origin of Project Foreground Information that a Party intends to sell, transfer title to, disclose, or transfer to a Third Party, the matter shall be brought to the immediate attention of the other Party POs for information subject to an Annex to this Agreement, or to the other Party for information created during working groups or biannual meetings. If necessary, the matter shall be referred to the Parties for resolution prior to any sale or other transfer of such Project Foreground Information to a Third Party.
5. The Parties shall not sell, transfer title to, disclose, or transfer possession of Project Background Information or Project Equipment provided by another Party to any Third Party without the prior written consent of the Party which provided such equipment or Information. The providing Party shall be solely responsible for authorizing such transfers and, as applicable, specifying the method and conditions for implementing such transfers.
ARTICLE XIII LIABILITY
2. Claims arising under or related to any contract awarded pursuant to ARTICLE VI (Contractual Provisions) shall be resolved in accordance with the provisions of the contract.
3. Employees and agents of contractors shall not be considered to be civilian personnel employed by a Party for the purpose of paragraph 1. ARTICLE XIV CUSTOMS DUTIES, TAXES AND SIMILAR CHARGES
ARTICLE XV SETTLEMENT OF DISPUTES
ARTICLE XVI LANGUAGE
2. All data and information generated under this Agreement and its implementing Contracts and provided by one Party to the other shall be furnished in the English language.
ARTICLE XVII GENERAL PROVISIONS
2. In the event of a conflict between an Article of this Agreement and any Annex to this Agreement, the Article shall govern.
ARTICLE XVIII AMENDMENT, WITHDRAWAL, TERMINATION, ENTRY INTO FORCE AND DURATION
2. This Agreement may be terminated at any time upon the written agreement of the Parties. In that event the Parties agree to terminate this Agreement, the Parties shall consult prior to the date of termination to ensure termination on the most economical and equitable terms.
3. Any Party may terminate this Agreement or any Annex upon 60 days written notification to the other Party. Such notice with regard to an Annex shall be the subject of immediate consultation by the Steering Committee to decide upon the appropriate course of action. In the event of such termination, the following rules apply:
The terminating Party shall continue participation, financial or otherwise, until the effective date of withdrawal.
Each Party shall pay the costs it incurs as a result of the withdrawal.
All Project Information and rights therein received under the provisions of this Agreement prior to the withdrawal shall be retained by the Parties, subject to the provisions of this Agreement.
4. Termination of this Agreement shall terminate its Annexes.
5. The respective rights and responsibilities of the Parties regarding ARTICLE VI (Project Equipment), ARTICLE VIII (Disclosure and Use of Program Information), ARTICLE IX (Controlled Unclassified Information), ARTICLE XI (Security), ARTICLE XII (Third Party Sales and Transfers), and ARTICLE XIII (Liability), shall continue notwithstanding termination of, and withdrawal from, or expiration of this Agreement or its Annexes.
6. This Agreement, which consists of the Preamble and 18 Articles, shall enter into force from the date of the last signature and shall remain in force for ten years. It may be extended by written agreement of the Parties.
IN WITNESS WHEREOF, the undersigned, being duly authorized, have signed this Agreement.
DONE in duplicate, in the English language.
FOR THE DEPARTMENT OF DEFENSE OF THE UNITED STATES OF AMERICA: [Signature] Gary D. Vest Principal Assistant Deputy Under Secretary of Defense (Environmental Security) May 19, 1994 Baltimore, Maryland U.S.A. FOR THE MINISTRY OF DEFENSE OF THE KINGDOM OF NORWAY: [Signature] Oddvin Horneland Special Advisor on Environmental Safety Ministry of Defense of Norway May 19, 1994 Baltimore, Maryland U.S.A.