TREATIES AND OTHER INTERNATIONAL ACTS SERIES 13-1008

________________________________________________________________________

SPACE COOPERATION

X-Ray Astronomy Satellite 

(ASTRO-H) Project

Agreement Between the

UNITED STATES OF AMERICA

and JAPAN

Effected by Exchange of Notes at 

Washington October 8, 2013 

with

Memorandum of Understanding
 NOTE BY THE DEPARTMENT OF STATE

 Pursuant to Public Law 89—497, approved July 8, 1966

(80 Stat. 271; 1 U.S.C. 113)—

“. . .the Treaties and Other International Acts Series issued

under the authority of the Secretary of State shall be competent

evidence . . . of the treaties, international agreements other than

treaties, and proclamations by the President of such treaties and

international agreements other than treaties, as the case may be, 

therein contained, in all the courts of law and equity and of maritime

jurisdiction, and in all the tribunals and public offices of the

United States, and of the several States, without any further proof

or authentication thereof.”
JAPAN

Space Cooperation: X-Ray Astronomy 

 Satellite (ASTRO-H) Project

 Agreement effected by exchange of notes at 

 Washington October 8, 2013;

 Entered into force October 8, 2013.

 With memorandum of understanding.
of the Government of the United States of America and representatives of the

Government of Japan concerning the cooperation between the. National

Aeronautics and Space Administration of the United States of America

(hereinafter referred to as "NASA") and the Japan Aerospace Exploration

Agency (hereinafter referred to as "JAXA") on the X-ray Astronomy Satellite

(ASTRO-H) Project for the development, launch, and operafions of the satellite,

gatheting data, and related scientific activities (hereinafter referred to as "the

Project"), which wilt be undertaken as apart of.the JAXA's Mid-Term Plan

approved by the competetdMinisters to achieve the JAXA's Mid-Term Goal

based on "Basic Plan on Space Policy" of the Government of Japan.

In consideration of the continuing mutually beneficial relationship

between the two Governments in the field of peaceful exploration and use of

outer space; and taking into account the. Agreement between the Government of

His Excellency

Kenichiro Sasae,

Ambassador ofJapan.

DIPLOMATIC NOTE
Research and Development in Science and Technology, signed at Toronto on

June 20, 1988, as extended and amended; and reaffirming that the provisions of

the Agreement between the Government of the United States of America and

the Government of Japan Concerning Cross-Waiver of Liability for Cooperation

in the Exploration and Use of Space for Peaceful Purposes, signed at

Washington on April 24, 1995, and the Exchange of Notes of the same date

between the two Governments concerning subrogated claims shall apply to the

Project, [have further the honor to propose on behalf of the Government of the

United States of America the following arrangements:

1. The Project will be conducted in accordance with the terms and conditions

of..a Memorandum of Understanding (MOU) to be agreed upon by NASA and

JAXA.

2. The Project will be conducted in accordance with the laws and regulations

in force in each country and subject to the availability of appropriated funds.
ASTRO-H satellite as a space object in accordance with the Convention on

Registration of Objects Launched into Outer Space, done at New York, on

January 14, 1975 (hereinafter referred to as "the Registration Convention").

Registration pursuant to the Registration Convention shall not affect;the rights

or obligations of NASA, JAXA, or both Governments under the Convention on

International Liability for Damage Caused by Space Objects, done on March

29, 1972.

4. NASA and JAXA will consult with each other on any matter that may arise

from or in connection with the Project with a view to finding a mutually

acceptable solution. If the matter cannot be resolved through such

consultations, consultations between the Government of the United States of

America and the Government of Japan shall beheld through diplomatic

channels with a view to finding a mutually acceptable solution.

5. The present arrangements'shall remain in force for seven years, unless

terminated by either Government upon six months' written notice through

diplomatic channels of its intention to terminate them. The present
I have further the honor to proPose that; if the foregoing arrangements are

acceptable to the Goverrinient ofJapan, this note and your note in reply shall

constitute. an agreement between the two Governments, which shall enter into

force on the date of your note in reply.

Accept, Excellency, the renewed assurances of my highest consideration.

For the Secretary of State
Washington, October 8, 1013

Excellency:

I have the honor to acknowledge the receipt of Your

Excellency's Note Of today's 4:late, which •reads as follows:

v'Excellency:

I have the honor to refer to the recent discussions

between representatives of the Government of the United

States of America and representatives of the Government

of Japan concerning the cooperation between the

National Aeronautics and Space Administration of the

United States of America (hereinafter referred to as

"NASA") and the Japan Aerospace Exploration Agency

(hereinafter referred to as "JAXA") on the X-ray

Astronomy Satellite (ASTRO-El) Project for the

development, launch, and operations of the satellite,

gathering data and related scientific activities

(hereinafter referred to as "the Project"), which will

be undertaken as a part of the JAXA's MidL-Thrm Plan

approved by the competent Ministers to ,art eve the

JAXA's Mid-Term Goal based on "Basic Plan on Space

Policy" of the Government of Japan.

In consideration of the continuing mutually beneficial

relatioqship between the two Governments in the field

of peaceful e:xploratIon and use: of outer space; and

taking into account the Agreement between the

Government of the United States of America and the

Government of Japan OR Cooperation in Research and

Development in Science and Technology, signed at

Toronto 'on June 20, 1988, as extended and amended; and

reaffirming that the provisions of the Agreement

between the Government of the United States of America

and the Government of Japan Concerning Cross-Waiver of

Liability for Cooperation in the Exploration and Use of

Space for Peaceful Purposes, signed at Washington on

April 24, 1995, and the Exchange of Notes of the same

date between the two Governments concerning subrogated

claims shall apply to the Project, I have further the

honor to propose on behalf of the Government of the

United States of America the following arrangements:
1. The Project will be conducted in accordance with

the terms and conditions of a Memorandum of

Understanding (MOU) to be agreed upon by NASA and JAXA.

2. The Project will be conducted in accordance with

the laws and regulations in force in each country and

subject to the availability of appropriated funds.

3. Unless otherwise agreed, the Government of .Japan.

Shall register the ASTRO-H satellite as a sPaoe object

in accordance with the Convention on Registration of

Objects Launched into Outer Space, done at New York, on

JanuarY 14 . 1975 (hereinafter referred to as ^the

Registration Convention°). Registration pursuant to the

Registration Convention shall not affect the rights or

obligations of NASA, JAXA, or both GovernMentS under

the Convention on International Liability for Damage

Caused by Space Objects, done on March 29, 1972.

4. NASA and JAXA will consult with each other on any

matter that may arise from or in connection with the

Proiect with a view to finding a mutually acceptable

solution. If the matter cannot be resolved through such

consultations, consultations between the Government of

the 'United States of Amerioa and the GOVermment of

Japan shall be 'held thrOugh diplomatic channels with a

view to finding a mutually ecoePtahle sOlYtion.

5.. The present arrangeOentS shall reMain in force:

Rik seVen,yedia,, unless terminated by either tbVernment

upon six laciriths• written .notice` through tarilbiaatiC

channels of its intentinn to terminate theM. The

present arrangements may be extended .or amended by

mutual written - agreement of the two Governments,

I have further' thehonOr tO'prOpose that, if the

foregoing arrangements are acceptable to the Government

of Japan, this note and _y0-4r note in.. reply shall

constitute an agreement between the two Governments,

which shall- enter into force on the date of your :note.

in reply.

Adcept, Excellency, the renewed assurances of my

higheat consideration.."

I have fdrther the honor to confirm on behalf of the

Government of Japan that the foregoing arrangements are

acceptable to the Government of Japan and to agree that

Your Excellency's Note and this. Note in reply shall

constitute an agreement between the two Governments, which

shall enter into force on the date of this reply.
For the Ambassador Extraordinary

and Plenipotentiary of Japan

His Excellency

John Forbes Kerry

The Secretary of State
MEMORANDUM OF UNDERSTANDING

BETWEEN

THE NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

OF THE UNITED STATES OF AMERICA

AND

THE JAPAN AEROSPACE EXPLORATION AGENCY

FOR

COOPERATION ON THE ASTRO-H PROJECT
TABLE OF CONTENTS

PREAMBLE

ARTICLE 1 - PURPOSE

ARTICLE 2 - DEFINITIONS

ARTICLE 3 - DESCRIPTION OF COOPERATION

ARTICLE 4 - RESPONSIBILITIES

ARTICLE 5 - RIGHTS IN RESULTING DATA

ARTICLE 6 - MANAGEMENT IMPLEMENTATION

ARTICLE 7 - POINTS OF CONTACT

ARTICLE 8 - FINANCIAL ARRANGEMENTS

ARTICLE 9 - LIABILITY AND RISK OF LOSS

ARTICLE 10 - REGISTRATION OF SPACE OBJECTS

ARTICLE 11 - TRANSFER OF GOODS AND TECHNICAL DATA

ARTICLE 12 - INTELLECTUAL PROPERTY RIGHTS

ARTICLE 13 - RELEASE OF RESULTS AND PUBLIC INFORMATION

ARTICLE 14 -EXCHANGE OF PERSONNEL AND ACCESS TO FACILITIES

ARTICLE 15 CUSTOMS CLEARANCE AND MOVEMENT OF GOODS

ARTICLE 16 - OWNERSHIP OF EQUIPMENT

ARTICLE 17 - CONSULTATION AND DISPUTE RESOLUTION

ARTICLE 18 - MISHAP INVESTIGATION

ARTICLE 19 -AMENDMENTS

ARTICLE 20 - ENTRY INTO FORCE, TERM AND TERMINATION
PREAMBLE

The National Aeronautics and Space Administration of the United States of America (NASA)

and the Japan Aerospace Exploration Agency (JAXA) (hereinafter jointly referred to as the

"Parties"),

Recalling with satisfaction the considerable amount of cooperation already conducted between

the countries of the United States and Japan in the area of space science;

Convinced that further collaboration will continue to produce benefits for both countries;

Desiring to continue the collaboration established under the NASA/JAXA Interim Agreement for

the ASTRO-H Program, concluded on December 11, 2008, as amended;

Recalling the Agreement between the Government of the United States of America and the

Government of Japan Concerning Cross-Waiver of Liability for Cooperation in the Exploration

and Use of Space for Peaceful Purposes of April 24, 1995 (hereinafter referred to as the "CrossWaiver Agreement"), the Exchange of Notes of the same date between the Government of the

United States of America and the Government of Japan concerning subrogated claims, and the

Agreed Minutes of December 8, 2000, concerning the Cross-Waiver Agreement;

Affirming their mutual interest, in joint collaboration on the ASTRO-H Project, a joint Japan-U.S.

x-ray astronomy mission initiated by the Institute of Space and Astronautical Science (ISAS) of

JAXA, given the scientific value in investigating the universe's extremely energetic phenomena

using ASTRO-H's unprecedented sensitivity for high-resolution spectroscopy of cosmic x-ray

sources; and

Pursuant to the Agreement effected by the Exchange of Notes between the Government of the

United States of America and the Government of Japan, dated October 8, 2013, concerning

cooperative activities related to the ASTRO-H Project (hereinafter referred to as the "Exchange

of Notes"), agree to the provisions of this Memorandum of Understanding (hereinafter referred

to as the "MOU"), as follows:

ARTICLE 1— PURPOSE

1. The purpose of this MOU is to establish the terms and conditions under which the Parties will

cooperate on the ASTRO-H Project. It applies to the mission development, integration, launch,

operations, data analysis, and publication/dissemination of the scientific results. The Parties will

cooperate according to the Exchange of Notes and this MOU.

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2. This MOU will supersede, in its entirety, the ASTRO-H Interim Agreement established

between the Parties on December 11, 2008, as amended.

ARTICLE 2 — DEFINITIONS

1. For the purpose of this MOU, with the exception of Article 9 (Liability and Risk of Loss),

the term "Related Entity" means:

A. A contractor or subcontractor of a Party at any tier,

B. A grantee or any other cooperating entity or investigator of a Party at any tier; or

C. A contractor or subcontractor of a grantee or any other cooperating entity or

investigator of a Party at any tier.

2. In Article 11 (Transfer of Goods and Technical Data), the term "Related Entity" may also

include another State or an agency or institution of another State, where such State, agency,

or institution is an entity described above or is otherwise involved in the activities undertaken

pursuant to this MOU.

ARTICLE 3 — DESCRIPTION OF COOPERATION

ASTRO-H is the sixth Japanese x-ray astronomy satellite and is directed at high-throughput,

high-resolution spectroscopy of celestial x-ray sources such as stars, compact binary systems,

x-ray novae, supernova remnants, clusters of galaxies, and active galactic nuclei. The primary

goal of ASTRO-H is to provide new insights into the nature and detailed physics of some of the

most energetic objects in the universe.

ASTRO-H is expected to be comprised of a suite of four highly complementary instruments

spanning the Xx-ray energy band from 0.3 to 600 keV. The Soft X-ray Spectrometer (SXS),

being developed jointly by a team led by NASA's Goddard Space Flight Center (GSFC) and

JAXA's ISAS, is a high-resolution, non-dispersive x-ray spectrometer operating between 0.3

and12 keV. It represents the core instrument on ASTRO-H, providing a high-resolution

spectroscopic capability for the ASTRO-H Project and covering the energy band where all of the

astrophysically abundant elements have characteristic emission lines that can be used for a wide

range of spectral studies of matter under extreme conditions. Three additional scientific

instruments, provided by JAXA, extend the bandpass to produce an observatory with

extraordinary new capabilities. The Soft X-ray Imager (SXI) covers the same energy band as the

SXS and expands the field of view of the observatory with a new-generation Charge Coupled

Device (CCD) camera. The x-ray mirror for this instrument will be provided by NASA. The

Hard X-ray Imager (HXI) will perform sensitive imaging spectroscopy in the 5-80 keV band

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using specially coated x-ray optics and the non-imaging Soft Gamma-ray Detector (SGD)

extends the observatory's energy band to 600 keV.

ASTRO-H is expected to be launched into low-Earth orbit (550 km circular, 31 degree

inclination) from the Tanegashima Space Center, Japan, using an H-HA rocket. Communication

with and operation of the spacecraft is the responsibility of JAXA.

ARTICLE 4 — RESPONSIBILITIES

1. NASA will use reasonable efforts to:

A. Provide to JAXA for the duration of the ASTRO-H Project:

i. Flight model hardware as follows:

a. X-Ray calorimeter detector assembly, including an internal calibration source;

b. Adiabatic Demagnetization Refrigerator (ADR) assembly, including three ADRs

and heat switches;

c. Aperture assembly, including five filters, baffles and mounts;

d. X-Ray calorimeter amplifier and ADR control electronics;

e. Mirror Assemblies for the SXS and SXI instruments; and

f. Electrical harnesses, connectors, and thermometers, as required for the hardware

listed above.

ii. On a temporary basis, as mutually agreed, engineering model (EM) hardware,

simulators, drilling templates, and required ground support equipment (GSE) for the

SXS;

B. Provide JAXA with documentation relating to the NASA-provided components,

including functional description documents, analytical thermal and mechanical models

(e.g., Computer Aided Design (CAD) and analysis software), interface requirements for

NASA-provided components to dewar/spacecraft, interface drawings and documents, and

other technical and programmatic information required to ensure compatibility of the

NASA-provided components with the ASTRO-H satellite;

C. Provide limited consultation to JAXA upon request to optimize the performance of

NASA-provided items or systems critical to the performance of the NASA-provided

items, including, if necessary, specific design elements of the instrument cryogenic

system, x-ray mirrors, instrument electronics system and related software, contamination

control, and end-to-end system operation;

D. Develop and implement, as mutually agreed, a NASA/JAXA Joint Systems Engineering

Team Plan;

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L. Assign personnel, as mutually agreed, to support:

i. Requirements and instrument systems architecture development;

ii. Calibration activities;

iii. Handling and testing of the. NASA-provided components prior to integration with the

ASTRO-H satellite;

iv. Activities relating to integration and testing of the NASA-provided components on the

ASTRO-H satellite; and

v. Activities related to the development and maintenance of the data processing pipeline

and analysis software.

ARTICLE 5 — RIGHTS IN RESULTING DATA

1. The operation of the ASTRO-H satellite will consist of three phases commencing

immediately after the post-launch initial checkout and calibration period:

A. Phase 1 will consist of the first six months thereafter, during which all available

observing time will be exclusively allocated to, and analyzed by, ASTRO-H SWG

members. No Guest Observations will be conducted during this phase;

B. Phase 2, lasting for a period of 12 months, will commence immediately following

Phase 1. During Phase 2, all available observing time, except that reserved for the

use of the observatory and SWG members, will be appropriately allocated for Guest

Observations through respective Announcement of Opportunity (AO) processes open

to the scientific communities of those countries involved in the mission; and

C. Phase 3 will commence immediately following Phase 2 and will continue until the

completion of the mission. During Phase 3, all available observing time, except that

reserved for the use of the observatory and the conduct of key projects, will be

appropriately allocated for Guest Observations through respective AO processes

open to the respective scientific communities.

2. The detailed arrangement for the allocation of observing time between the Parties during the

above phases is to be separately agreed by the Parties, based upon their respective financial,

technical, and scientific contributions to the mission. The agreed-to observing time

allocations will be documented in a Science Mission Plan. Some fraction of the observing

time (to be determined at a later date) will be designated as joint Japan-U.S. time. This time

will be allocated for key projects, explicitly collaborative Japan/U.S. proposals, and Guest

Observations that are independently proposed and recommended for observation in both the

U.S. and Japan and merged with the mutual consent of the proposing scientists.

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3. In principle, all members of the SWG and Guest Observers selected under proposal

solicitations will retain exclusive rights to the analysis and publication of the resulting data

for a period of no longer than 12 months after receipt of processed data in a form suitable for

scientific analysis.

4. The Parties will have access to and use of the data and any associated data during the above

proprietary period, but such access and use will not prejudice the first publication rights of

the SWG or Guest Observers.

5. Upon expiration of the exclusive data rights period, all scientific data (including the first-pass

processed data) will be placed into the NASA and JAXA data archives and open to the

international scientific community. Results of the scientific investigations,carried out using

ASTRO-H data will be made available to the scientific community, as soon as practicable,

through publication in appropriate journals or other established channels, in a manner

consistent with established scientific practice.

ARTICLE 6 — MANAGEMENT IMPLEMENTATION

1. Mission implementation under this MOU will involve extensive collaboration between

Japanese and U.S. scientists. A number of joint teams will be established to coordinate

activities on the collaborative aspects of the mission. These aspects include the design,

development, integration, Calibration and qualification of hardware, and development of

software for instrument data analysis. The teams will be grouped into the following major

areas:

A. An X-Ray Calorimeter Spectrometer team to oversee the development of the sensor,

cooling system, and readout of the SXS;

B. A Soft X-Ray Telescope team to oversee the development of the x-ray mirrors for the

SXS and SXI instruments;

C. A calibration team to assist in developing project-wide calibration requirements. This

team will work with the respective hardware teams to ensure that the requirements are

addressed and communicated to the overall ASTRO-H science team. It will also

participate in the application of the calibration data to flight data; and

D. A data analysis development team to establish the requirements and development of a

data analysis system designed to be used by the general astronomy community through a

Guest Observer Facility. A member of the U.S. team will be located at ISAS to

participate in the optimal scheduling of celestial observations.

2. The activities of the groups described above will be detailed in a Science Mission Plan to be

drafted between NASA and JAXA ASTRO-H project managers.

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ARTICLE 7 — POINTS OF CONTACT

The NASA Point of Contact for this MOU will be:

Dr. Paul Hertz

Director, Astrophysics Division

Science Mission Directorate

NASA Headquarters

300 E Street, SW

Washington, DC 20546

USA

Phone: +1-202-358-0986

E-mail: paul.hertz@nasa.gov

The JAXA Point of Contact for this MOU will be:

Professor Tadayuki Takahashi

ASTRO-H Project Manager

Institute of Space and Astronautical Science, JAXA

3-1-1, Yoshinoclai, Chuo-ku,

Sagamihara, Kanagawa 252-5210

Phone: +81-50-3362-6448

E-mail• takahashi tadayuki@jaxa.jp

Any change in a Party's respective contact information will be communicated in writing the

other party.

ARTICLE 8 — FINANCIAL ARRANGEMENTS

1. Each Party will bear the costs of discharging its respective responsibilities, including travel

and subsistence of personnel and transportation of all equipment and other items for which it

is responsible.

2. The ability of the Parties to carry out their obligations is subject to the availability of

appropriated funds. Should either Party encounter budgetary problems which may affect the

activities to be carried out under this MOU, the Party encountering the problems will notify

and consult with the other Party as soon as possible.

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ARTICLE 9 — LIABILITY AND RISK OF LOSS

1. The Agreement Between the Government of the United States of America and the

Government of Japan Concerning Cross-Waiver of Liability for Cooperation in the

Exploration and Use of Space for Peaceful Purposes of April 24, 1995 (hereinafter referred to

as "Cross-Waiver Agreement"), the Exchange of Notes of the same date between the

Governments of Japan and the United States of America concerning subrogated claims and

the Agreed Minutes of December 8, 2000, concerning the Cross-Waiver Agreement, will

apply to activities under this MOU.

2. JAXA will purchase insurance coverage to hold harmless the Government of the United

States of America, NASA, and its related entities against liability arising from subrogated

claims of the Government of Japan against the Government of the United States of America,

NASA, and its related entities based on damage arising from activities undertaken pursuant

to this MOU. In any event, JAXA will ensure that the Government of the United States of

America, NASA, and its related entities are reimbursed for any costs incurred by them

relating to any such claims. NASA will waive all claims, including subrogated claims, of the

Government of the United States of America against the Government of Japan, JAXA, and its

related entities based on damage arising from activities undertaken pursuant to this MOU.

ARTICLE 10 — REGISTRATION OF SPACE OBJECTS

JAXA will request the Government of Japan to register the ASTRO-H satellite as a space object

in accordance with the Convention on the Registration of Objects Launched into Outer Space,

done on November 12, 1974 (the Registration Convention).

ARTICLE 11— TRANSFER OF GOODS AND TECHNICAL DATA

The Parties are obligated to transfer only those technical data (including software) and goods

necessary to fulfill their respective responsibilities under this MOU, in accordance with the

following provisions, notwithstanding any other provisions of this MOU:

1. All activities under this MOU will be carried out in accordance with the Parties' national

laws and regulations, including those laws and regulations pertaining to export control and

the control of classified information.

2. The transfer of technical data for the purpose of discharging the Parties' responsibilities with

regard to interface, integration, and safety will normally be made without restriction, except

as required by paragraph 1, above.

1 1
3. All transfers of goods and proprietary or export-controlled technical data are subject to the

following provisions:

A. In the event a Party or its Related Entity finds it necessary to transfer such goods or data,

for which protection is to be maintained, such goods will be specifically identified and

such data will be marked;

B. The identification for such goods and the marking on such data will indicate that the

goods and data will be used by the receiving Party and its Related Entities only for the

purposes of fulfilling the receiving Party's or Related Entities' responsibilities under this

MOU, and that such goods and data will not be disclosed or retransferred to any other

entity without the prior written permission of the furnishing Party;

C. The receiving Party and its Related Entities will abide by the terms of the notice and

protect any such goods and data from unauthorized use and disclosure; and

D. The Parties to this MOU will cause their Related Entities to be bound by the provisions of

this Article through contractual mechanisms or equivalent measures.

4. All goods exchanged in the performance of this MOU will be used by the receiving Party or

Related Entity exclusively for the purposes of this MOU. Upon completion of the activities

under this MOU, the receiving Party or Related Entity will return or otherwise dispose of all

goods and marked proprietary or export-controlled technical data provided under this MOU,

as directed by the furnishing Party or Related Entity.

ARTICLE 12 — INTELLECTUAL PROPERTY RIGHT'S

I. Nothing in this MOU will be construed as granting, either expressly or by implication, to the

other Party any rights to, or interest in, any inventions or works of a Party or its Related

Entities made prior to the entry into force of, or outside the scope of, this MOU, including

any patents (or similar forms of protection in any country) corresponding to such inventions

or any copyrights corresponding to such works.

2. Any rights to, or interest in, any invention or work made in the performance of this MOU

solely by one Party or any of its Related Entities, including any patents (or similar forms of

protection in any country) corresponding to such invention or any copyright corresponding to

such work, will be owned by such Party or Related Entity. Allocation of rights to, or interest

in, such invention or work between such Party and its Related Entities will be determined by

applicable laws, rules, regulations, and contractual obligations.

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3. It is not anticipated that there will be any joint inventions made in the performance of this

MOU. Nevertheless, in the event that an invention is jointly made in the performance of this

MOU, the Parties will, in good faith, consult and agree within 30 calendar days as to:

A. The allocation of rights to, or interest in, such joint invention, including any patents (or

similar forms of protection in any country) corresponding to such joint invention;

B. The responsibilities, costs, and actions to be taken to establish and maintain patents (or

similar forms of protection in any country) for each such joint invention; and

C. The terms and conditions of any license or other rights to be exchanged between the

Parties or granted by one Party to the other Party.

4. For any jointly authored work by the Parties, should the Parties decide to register the

copyright in such work, they will, in good faith, consult and agree as to the responsibilities,

costs, and actions to be taken to register copyrights and maintain copyright protection (in any

country).

5. Subject to the provisions of Article 11 (Transfer of Goods and Technical Data) and Article 13

(Release of Results and Public Information), each Party will have an irrevocable royalty-free

right to reproduce, prepare derivative works, distribute, and present publicly, and authorize

others to do so on its behalf, any copyrighted work resulting from activities undertaken in the

performance of this MOU for its own purposes, regardless of whether the work was created

solely by, or on behalf of, the other Party or jointly with the other Party.

ARTICLE 13 — RELEASE OF RESULTS AND PUBLIC INFORMATION

1. The Parties retain the right to release public information regarding their own activities under

this MOU. The Parties will coordinate with each other in advance concerning releasing to the

public information that relates to the other Party's responsibilities or performance under this

MOU.

2. The Parties will make the results available to the general scientific community, as appropriate

and agreed between the Parties, in a timely manner.

3. The Parties acknowledge that the following data or information does not constitute public

information and that such data or information will not be included in any publication or

presentation by a Party under this Article without the other Party's prior written permission:

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A. Data furnished by the other Party in accordance with Article 11 (Transfer of Goods and

Technical Data) which is identified as export-controlled, classified, or proprietary;

B. Information about an invention of the other Party before an application for a patent (or

similar form of protection in any country) corresponding to such invention has been filed

covering the same, or a decision not to file has been made; or

C. Other specific information that the Parties expressly agree not to disclose or release.

ARTICLE 14 — EXCHANGE OF PERSONNEL AND ACCESS TO FACIL111ES

1. To facilitate implementation of the activities conducted under this MOU, the Parties may

support the exchange of a limited number of personnel, including contractors and

subcontractors, from each Party, at an appropriate time and under conditions mutually agreed

between the Parties.

2. Access by the Parties to each other's facilities or property, or to each other's Information

Technology (IT) systems or applications, is contingent upon compliance with each other's

respective security and safety policies and guidelines including, but not limited to: standards

on badging, credentials, and facility and IT system application/access.

ARTICLE 15 — CUSTOMS CLEARANCE AND MOVEMENT OF GOODS

1. In accordance with its laws and regulations, each Party will facilitate free customs clearance

and waiver of all applicable customs duties and taxes for goods necessary for the

implementation of this MOU. In the event that any customs duties or taxes of any kind are

nonetheless levied on such equipment and related goods, such customs duties or taxes will be

borne by the Party of the country levying such customs duties or taxes.

2. In accordance with its laws and regulations, each of the Parties will also facilitate the

movement of goods into and out of its territory as necessary to comply with this MOU.

ARTICLE 16 — OWNERSHIP OF EQUIPMENT

Unless otherwise agreed in writing, each Party will retain ownership of all equipment, including

the goods, hardware, software, and associated technical data, it provides to the other Party under

the terms of this MOU, without prejudice to any individual rights of ownership of the Parties'

respective Related Entities. To the extent feasible and recognizing that equipment sent into space

or integrated into the other Party's equipment cannot be returned, each Party agrees to return the

other Party's equipment in its possession at the conclusion of activities under this MOU.

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ARTICLE 17 — CONSULTATION AND DISPUTE RESOLUTION

The Parties agree to consult promptly with each other on all issues involving interpretation,

implementation, or performance of the MOU. Such issues will first be referred to the

appropriate points of contact named above for the Parties. If they are unable to come to an

agreement, then the issues will be referred to the NASA Administrator and the JAXA President,

or their designated representatives, for joint resolution.

ARTICLE 18 — MISHAP INVESTIGATION

In the case of a mishap or mission failure, the Parties agree to provide assistance to each other in

the conduct of any investigation, bearing in mind, in particular, the provisions of Article 11

(Transfer of Goods and Technical Data). In the case of activities which might result in the death

of or serious injury to persons, or substantial loss of or damage to property as a result of

activities under this MOU, the Parties agree to establish a process for investigating each such

mishap.

ARTICLE 19 — AMENDMENTS

This MOU may be amended by mutual written agreement of the Parties.

ARTICLE 20 — ENTRY INTO FORCE, TERM AND TERMINATION

1. This MOU will enter into force upon signature by the Parties and will remain in force for a

period of seven years, unless extended by mutual written agreement, provided that the

Exchange of Notes remains in force.

2. Either Party may terminate this MOU at any time upon giving at least six months prior

written notice to the other Party of its intent to terminate. In the event of termination, the

Parties will endeavor to minimize any negative impacts of such termination on the other

Party. Termination of this MOU will not affect a Party's continuing obligations under the

following Articles of this MOU: Rights in Resulting Data, Transfer of Goods and Technical

Data, Intellectual Property Rights, Liability and Risk of Loss, and Customs Clearance and

Movement of Goods, unless otherwise agreed.
IN WITNESS WHEREOF, the undersigned duly authorized representatives of the Parties have

signed this MOU, in two originals, in the English language.

FOR THE NATIONAL AERONAUTICS

AND SPACE ADMINISTRATION OF

THE UNITED STATES OF AMERICA:

FOR THE JAPAN AEROSPACE

EXPLORATION AGENCY:

DATE:DATE: NOV 4 '32

PLACE: 014.5krvt fa el P eOv. 8 20/3

PLACE: Tokyo

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