TREATIES AND OTHER INTERNATIONAL ACTS SERIES 06-407 

________________________________________________________________________ 

SPACE COOPERATION 

 Memorandum of Understanding Between the 

UNITED STATES OF AMERICA 

and OTHER GOVERNMENTS 

Signed at Washington, Darmstadt, and Paris 

March 21, March 24, March 30, and April 7, 2006 

 
 

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.” 
 

 MULTILATERAL 

 Space Cooperation 

 Memorandum of understanding signed at 

 Washington, Darmstadt, and Paris 

 March 21, March 24, March 30, and April 7, 2006; 

 Entered into force April 7, 2006. 
MEMORANDUM OF UNDERSTANDING

AMONG

l'HE NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

AND

THE NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

JOINTLY

AND

THE CENTRE NATIONAL D'ETUDES SPATIALES

AND

THE EUROPEAN ORGANISATION FOR THE EXPLOITATION OF

METEOROLOGICAL SATELLITES

FOR COOPERATION IN

THE OCEAN SURFACE TOPOGRAPHY MISSION
TABLE OF CONTENTS

Preamble

Article I Purpose

Article II Definitions

Article BI Mission Description and Participation

Article IV CNES Responsibilities

Article V NASA Responsibilities

Article VI EUMETSAT Responsibilities

Article VII NOAA Responsibilities

Article VICE Program and Project Management

Article IX Mission Reviews, Integration, and Flight Readiness

Article X Project Plan and Operational Service Specification

Article XI OSTM Science Investigations and Application Demonstrations

Article XII Data Policy

Article XIII Publication of Public Information and Results

Article XIV Intellectual Property Rights

Article XV Customs/Taxes/Immigration

Article XVI Exchange of Personnel

Article XVII Financial Arrangements

Article XVIII Ownership of Elements and Equipment

Article XIX Exchange of Technology and Goods

Article XX Liability

Article XXI Registration of Satellite and Frequencies

Article XXII Provision for Future Cooperation

Article XXIII Settlement of Disputes

Article XXIV Entry into Force, Duration, Amendment, and Termination

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Preamble

The National Aeronautics and Space Administration (hereinafter referred to as "NASA") and the

National Oceanic and Atmospheric Administration (hereinafter referred to as "NOAA"), both

agencies of the United States Government, acting jointly as one Party to this Memorandum of

Understanding (MOU), and as represented by their Administrators;

The Centre National d'Etudes Spatiales (hereinafter referred to as "CNES"), established under the

provisions of the French Law 61-1382, dated December 19, 1961, setting up a national center for

space research and, as represented by its President; and

The European Organisation for the Exploitation of Meteorological Satellites (hereinafter referred to

as "EUMETSAT"), established by the Convention which entered into force on June 19, 1986, as

amended by the Amending Protocol which entered into force on November 19, 2000, and as

represented by its Director-General,

hereinafter referred to as the "Parties" to this Memorandum of Understanding,

RECALLING the cooperative effort of NASA and CNES that led to the launch of the

TOPEX/Poseidon mission by an Ariane launch vehicle from the Kourou launch site in French

Guiana, on August 10, 1992,

RECALLING the cooperative effort of NASA and CNES that led to the launch of the Jason

mission by a Boeing Delta II launch vehicle from Vandenberg Air Force Base in California,

on December 7, 2001,

RECOGNIZING that both the TOPEX/Poseidon mission and the Jason mission have

demonstrated clearly that global sea surface topography measurements of unparalleled

accuracy can be obtained from space; and further, that such measurements can create new

opportunities for monitoring ocean phenomena and developing models to predict global

climatic change,

RECOGNIZING the important contribution that the Jason mission has brought to operational

activities that led EUMETSAT and NOAA to express a strong interest in participating in the

program,

RECALLING the success of NASA in research and development on a variety of

environmental programs and the extensive experience of NOAA in operating civilian

satellites for the benefit of users of environmental data and the World Meteorological

Organization (WMO),

RECALLING NOAA's performance of various domestic and international missions

including observation and reporting of the state of the oceans and preparation and

issuance of warnings and forecasts of atmospheric, flood, and ocean conditions to ensure

protection of life and property; operation of environmental satellites and data archives

for the United States; and provision of products and services to users and managers of

oceanic, atmospheric, and coastal zone programs,

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RECALLING that the primary objective of EUMETSAT is to establish, maintain, and exploit

European systems of operational meteorological satellites, taking into account as far as

possible the recommendations of the WMO, and that a further objective of EUMETSAT is to

contribute to the operational monitoring of the climate and the detection of global climatic

changes,

TAKING INTO ACCOUNT the Enabling Resolution EUM/C/01/Res. VII on the Optional

EUMETSAT Jason-2 Altimetry Programme, adopted at the 49th meeting of the EUMETSAT

Council, in which the Council approved the execution, within the framework of the

EUMETSAT Convention, of an Optional Jason-2 Altimetry Programme, and which tasked

the Director-General with the preparation of the necessary cooperation agreements with

international partners contributing to the overall Ocean Surface Topography Mission

(OSTM),

TAKING INTO ACCOUNT that Declaration EUM/C/01/Decl. I on the Optional

EUMETSAT Jason-2 Altimetry Programme adopted by EUMETSAT Potential Participating

States on December 4-5, 2001, entered into force on June 27, 2003,

RECALLING that EUMETSAT and NOAA have enjoyed long-standing and fruitful

cooperation in the field of operational Earth observation from space for meteorological

purposes,

RECALLING that the CNES Board of Governors approved the program proposal (Phase

B/C/D) for Jason-2/OSTM implementation on April 29, 2004,

TAKING INTO ACCOUNT the requirement for satellite ocean altimetry observations

expressed by the WMO, the Global Ocean Data Assimilation Experiment (GODAE), the

Global Ocean Observing System (GOOS), the Ocean Observations Program Committee

(OOPC), and the Integrated Global Observing Strategy Partnership (IGOS-P),

TAKING NOTE OF the common interest of the Parties to continue using radar altimetry to

study the oceans from space,

RECOGNIZING the imperative need that this measurement set be continued on an

operational basis, and

HAVING IDENTIFIED IFIED a mutual interest in the conduct of OSTM,

HAVE AGREED as follows:

Article I - Purpose

The Parties each set forth in this MOU their respective responsibilities and the terms and

conditions under which they have agreed to cooperate on OSTM. The Parties will use

reasonable efforts to carry out their respective responsibilities in accordance with this MOU

and to avoid changes that will have a negative effect on another Party with regard to scientific

return, implementation approach, cost, and/or schedule, and where they cannot be avoided, to

minimize these negative effects.

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Article II — Definitions

As used in this MOU, the following terms will have the specified meanings:

1. "Damage" means:

a. harm to, impairment of the health of, or death of any person;

b. harm to, destruction or loss of, or loss of use of any property;

c. other direct, indirect, or consequential damage.

2. "Data Products" are those resulting from processing of the Payload Instrument Data and

any necessary supporting Housekeeping Data and/or ancillary data. These fall into two

general categories:

a. Near Real Time (NRT) Products, available within a few hours of acquisition by

the satellite; and

b. Offline Products, available with a delay of several days or weeks after additional

processing.

3. "OSTM Ground Segment" means all elements and facilities required to operate the

satellite, acquire its Telemetry, process, distribute, and archive Telemetry and Data

Products.

4. "Partner" refers to NASA and to NOAA, when they are acting individually, and to CNES

and to EUMETSAT.

5. "Proprietary Information" means information embodying trade secrets or comprising

commercial or financial information that is privileged or confidential, excluding such

information that:

a. is in the public domain at the time of disclosure or thereafter enters the public

domain without breach of the receiving Partner (or a Related Entity of the

receiving Partner);

b. is known to the receiving Partner at the time of disclosure;

c. has been disclosed to the receiving Partner without restriction from the disclosing

Partner;

d. has been independently developed by the receiving Partner; or

e. has become known to the receiving Partner without similar restrictions from a

source other than the disclosing Partner, that source having the right to disclose.

6. "PROTEUS" is the name of the satellite platform.

7. "Related Entity" means:

a. a contractor, subcontractor, or grant recipient of a Partner at any tier;

b. a user or customer having a contractual link with a Partner at any tier;

c. a contractor or subcontractor of a user or customer or grant recipient of a Partner

at any tier; or

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d. a scientific investigator.

The terms "contractors" and "subcontractors" include suppliers of any kind.

8. "Satellite," sometimes referred to as "Jason-2," is the satellite composing the space

component of OSTM. It consists of a PROTEUS platform, a payload module, and

payload instruments.

9. "Telemetry" is downlinked data comprising of:

a. "Housekeeping Data" (measurements of spacecraft performance and health and

welfare of the satellite); and

b. "Payload Instrument Data" (raw instrument data).

10. "Validated Data" are Data Products based upon Telemetry after successful completion of

the relevant product assessment and verification.

Article III - Mission Description and Participation

The objective of OSTM is to bring high-precision altimetry to a full operational status

through the continuation of the TOPEX/Poseidon and Jason missions and their collection of

measurements of sea surface height (SSH), significant wave height (SWH), wind speed at the

ocean surface, and other parameters.

OSTM will provide Data Products to the operational and research user communities in

support of:

• Marine meteorology and sea state forecasting;

• Operational oceanography;

• Seasonal forecasting;

• Climate monitoring;

• Ocean, Earth system and climate research.

CNES will provide the PROTEUS platform and payload module; NASA and CNES will

jointly provide the payload instruments. CNES will provide a Poseidon-3, dual-frequency

radar altimeter with its antenna and the Doppler Orbitography and Radiopositioning

Integrated by Satellite (DORIS) receiver package.

NASA will provide an Advanced Microwave Radiometer (AMR) with its antenna, a laser

retroreflector array (LRA), and a Global Positioning System Payload (GPSP) receiver

package.

NASA will provide launch services for the satellite.

CNES will provide a command and control center for the satellite, a European Earth Terminal

and data processing, and archiving and distribution infrastructure for the mission.

NOAA will provide a control center for the satellite, command and data acquisition (CDA)

stations, and data processing and archiving and distribution infrastructure for the mission.

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EUMETSAT will provide a site and infrastructure for accommodation of the European Earth

terminal to be integrated into the EUMETSAT Ground Segment infrastructure and data

processing, rolling archiving and distribution infrastructure for the mission.

The Partners are to jointly establish and operate an OSTM Ground Segment. Telemetry is to

be made available to the Partners and Data Products to the broader international user

community through data centers and services under the responsibility of the Partners

consistent with Article )(EL (Data Policy).

Data Products will be, at a minimum, consistent with TOPEX/Poseidon and Jason data

products and will be defined in the Operational Service Specification (OSS) together with the

associated services to the users.

OSTM operations are planned for 5 years. The mission operation is divided into six phases,

the objectives of each being as follows:

1. Launch and Early Orbit Phase (LEOP). The satellite is launched and maneuvered into

injection orbit. Satellite and instrument systems are activated and checked out.

2. Orbit Acquisition Phase. The satellite is maneuvered into its operational orbit. This

phase is concurrent with the Assessment Phase.

3. Assessment Phase. This phase begins at the end of LEOP and ends when:

a. the satellite and instrument systems are functionally certified;

b. the satellite is in its operational orbit; and

c. the ground system is ready to operate routinely.

4. Verification Phase. This phase overlaps the Assessment Phase and continues until the

data and processing algorithms are satisfactorily calibrated and validated.

5. Initial Routine Operation Phase. This phase begins after completion of the Assessment

Phase and is consistent with the 3-year mission design life.

6. Extended Routine Operation Phase. Assuming useful data are still being collected, this

phase extends the mission an additional 2 years or any additional period that may be

agreed by the Parties. This phase will include end-of-life activities.

In this MOU, the term "Routine Operation Phases" is used for both "Initial Routine Operation

Phase" and "Extended Routine Operation Phase."

Article IV - CNES Responsibilities

To implement this MOU, CNES will use reasonable efforts to:

1. Establish, with the support of all Partners, the overall systems engineering function for

OSTM;

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2. Establish and maintain, with the support of the other Partners, and make available to the

Partners the OSTM Project Plan, OSS, System Requirements, Operational Concept,

Project Schedule, and other Project Documents, to be approved by the Partners as

defined in the Project Plan, including relevant interface control documents and in-orbit

assessment and verification plans;

3. Support NASA with information as required for the preparation and maintenance of the

OSTM Safety Plan; provide NASA with information to verify compliance with the

OSTM Safety Plan;

4. Establish a Mission Assurance Plan (MAP) for its own contribution, make it available to

the other Partners, and review the MAPs of the other Partners;

5. Conduct or support, together with the other Partners as necessary, OSTM project

reviews, as defined in the OSTM Project Plan;

6. Provide interface, design, fabrication, and test information and support as necessary for

the other Partners to fulfill their respective responsibilities under this MOU;

7. Design, fabricate, test, calibrate, and prepare to integrate the PROTEUS platform and the

payload module;

8. Design, fabricate, assemble, test, and calibrate the CNES instruments (the Poseidon-3

altimeter and the DORIS receiver package) and provide fully tested instruments to be

integrated with the satellite;

9. Provide a site and infrastructure for instrument integration and testing of the fully

integrated satellite;

10. Conduct, with NASA support, integration of the fully tested instruments onto the

platform; perform functional tests of the satellite; transport the flight-ready satellite to

the NASA designated launch site and support launch site processing and testing;

11. Provide ground support equipment and qualified personnel at appropriate sites to support

payload and system integration, testing, and launch operations;

12. Upgrade the CNES Command and Control Center (CCC) and the data processing,

archival, and distribution center (SSALTO);

13. Test the CNES elements of the OSTM Ground Segment, as defined in the OSTM Project

Plan;

14. Provide to NASA all satellite information necessary for NASA to ensure satellite and

launch vehicle compatibility, as defined in the OSTM Project Plan;

15. Conduct, with the suppOrt of other Partners, satellite, ground system, and overall systemlevel testing, evaluation of test results, and preparation for operations, as defined in the

OSTM Project Plan;

16. Perform quality control of all products generated by CNES;

17. Operate and control the satellite from launch until handover of this responsibility to

NOAA, including operations of the European Earth terminal, and support routine

operations at NOAA and EUMETSAT, as defined in the OSTM Project Plan;

18. Lead and conduct, with the support of other Partners, the OSTM Assessment and

Verification Phases, as defined in the OSTM Project Plan, and perform evaluation and

calibration activities to verify the OSTM performance achieved on-orbit;

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19. Coordinate operations from a system perspective, in all phases, throughout the OSTM

lifetime;

20. Archive all Telemetry, as defined in the OSTM Project Plan consistent with Article XII

(Data Policy), and perform offline monitoring of Housekeeping Data during all OSTM

Phases;

21. Process and archive Offline Products and distribute them to users, as defined in the

OSTM OSS consistent with Article XII (Data Policy), and archive NRT Products

generated by NOAA and EUMETSAT;

22. Provide, test, and deliver to EUMETSAT a European Earth terminal, including a set of

spare parts, and requirements for its accommodation and operations at a EUMETSATdesignated site;

23. Provide, test, and deliver to EUMETSAT Headquarters a fully tested NRT processing

system; support integration and testing of the system at the EUMETSAT-specified

location;

24. Provide, test, and deliver to NOAA a fully tested NRT processing system; support

integration and testing of the system at the NOAA-specified location;

25. Provide to NOAA a satellite performance and analysis function and engineering and

operation support for anomaly resolution for CNES instruments and satellite for the total

life of the satellite;

26. Conduct, together with NASA, the preparation and release of relevant Research

Announcements and, in coordination with EUMETSAT, the selection of European

Investigators as specified in Article XI (OSTM Science Investigations and Application

Demonstrations) of this MOU; and

27. Inform the Partners promptly of any technical or programmatic problems that may affect

overall OSTM schedules, cost, or performance.

Article V - NASA Responsibilities

To implement this MOU, NASA will use reasonable efforts to:

1. Support CNES for the overall systems engineering function for OSTM;

2. Support, along with the other Partners, the preparation and maintenance of the OSTM

Project Plan, OSS, System Requirements, Operational Concept, Project Schedule, and

other Project Documents, to be approved by the Partners as defined in the Project Plan,

including relevant interface control documents and in-orbit assessment and verification

plans;

3. With support from CNES, establish and maintain the OSTM Safety Plan in response to

NASA requirements; verify compliance with controls, procedures, testing, and policies,

as defined in the OSTM Safety Plan;

4. Establish a MAP for its own contribution, make it available to the other Partners, and

review the MAPs of the other Partners;

5. Conduct or support, together with the other Partners as necessary, OSTM project

reviews, as defined in the OSTM Project Plan;
6. Provide interface, design, fabrication, and test information and support as necessary for

the other Partners to fulfill their respective responsibilities under this MOU;

7. Design, fabricate, assemble, test, and calibrate the NASA instruments (an AMR with its

antenna, an LRA, and the GPSP receiver package), and provide fully tested instruments

to be integrated with the satellite;

8. Support CNES in the integration of the NASA instruments onto the Payload module and

functional testing of the satellite;

9. Provide launch services compatible with the Jason-2 satellite and OSTM mission

requirements; conduct, with support of other Partners, launch site processing and testing

activities;

10. Provide ground support equipment and qualified personnel at appropriate sites to support

payload and system integration, testing, and launch operations;

11. Provide to CNES all necessary launch vehicle information, and support CNES in the

verification of the compatibility of satellite interfaces with the launch vehicle;

12. Support CNES, along with the other Partners, in ground system and overall system-level

testing, evaluation of test results, and preparation for operations;

13. Support CNES checkout and operation of the satellite during LEOP, including additional

Earth terminals such as the Transportable Orbital Tracking System (TOTS), to provide

data tracking, and Flight Dynamic Facility Center involvement to provide CNES with

improved satellite position;

14. Support, along with the other Partners, the OSTM Assessment and Verification Phases,

as defined in the OSTM Project Plan, and perform evaluation and calibration activities to

verify the OSTM performance achieved on-orbit;

15. Provide to NOAA and CNES engineering support for anomaly resolution for NASA

instruments throughout the OSTM lifetime;

16. Conduct, together with CNES, the preparation and release of relevant Research

Announcements and, in coordination with NOAA, the selection of U.S. Investigators as

specified in Article XI (OSTM Science Investigations and Application Demonstrations)

of this MOU; and

17. Inform the Partners promptly of any technical or programmatic problems, which may

affect overall OSTM schedules, cost, or performance.

Article VI - EUMETSAT Responsibilities

To implement this MOU, EUMETSAT will use reasonable efforts to:

1. Support CNES for the overall systems engineering function for OSTM;

2. Support, along with the other Partners, the preparation and maintenance of the OSTM

Project Plan, OSS, System Requirements, Operational Concept, Project Schedule, and

other Project Documents, to be approved by the Partners as defined in the Project Plan,

including relevant interface control documents and in-orbit assessment and verification

plans;

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3. Establish a MAP for its own contribution, make it available to the other Partners, and

review the MAPs of the other Partners;

4. Conduct or support, together with the other Partners as necessary, OSTM project

reviews, as defined in the OSTM Project Plan;

5. Provide interface, design, fabrication, and test information and support, as necessary, for

the other Partners to fulfill their respective responsibilities under this MOU;

6. Provide a mission-compliant site and infrastructure for accommodation of the European

Earth terminal, support its installation, testing, and on-site acceptance, and perform its

integration with CNES support into EUMETSAT Ground Segment infrastructure, and

maintain it throughout OSTM operations;

7. Support the installation, testing, and acceptance of a near real-time processing system at

EUMETSAT Headquarters, and perform its integration into the EUMETSAT Ground

Segment infrastructure with CNES support;

8. Establish and test the EUMETSAT elements of the OSTM Ground Segment with

support of CNES, as defined in the OSTM Project Plan;

9. Support ground system and overall system-level integration, testing, and preparation of

operations and assessment of readiness for launch and operations, as defined in the

OSTM Project Plan, including training of key personnel;

10. Perform quality control of all products generated by EUMETSAT;

11. During all OSTM Phases, retrieve all Telemetry acquired at the European Earth terminal

and make it available to the other Partners, as defined in the OSTM Project Plan;

12. During OSTM Assessment, Verification, and Routine Operations Phases, produce NRT

Products from Telemetry acquired at the European Earth terminal and make them

available to the other Partners, as defined in the OSTM Project Plan;

13. During OSTM Assessment, Verification, and Routine Operations Phases, make available

the NRT Products produced at EUMETSAT and those generated and made available by

NOAA, to users, as defined in the OSTM OSS and consistent with the Article XII (Data

Policy);

14. Maintain an online storage of Telemetry acquired by EUMETSAT until such Telemetry

is safely archived at the long term archives of CNES and NOAA; archive NRT Products

generated by EUMETSAT and NOAA;

15. Support, along with the other Partners, the OSTM Assessment and Verification Phases,

as defined in the OSTM Project Plan, and support evaluation and calibration activities to

verify the OSTM performance achieved on orbit;

16. Provide a support service to users of NRT Products and a European focal point for

offline users of wind-wave products, as defined in the OSTM OSS;

17. During all OSTM Phases, support NOAA and CNES in conducting mission operations;

18. Support the relevant Research Announcement process, and assess the relevance of

investigation results to future operational services as specified in Article XI (OSTM

Science Investigations and AppliCation Demonstrations) of this MOU; and

19. Inform the Partners promptly of any technical or programmatic problems which may

affect overall OSTM schedules, cost, or performance

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Article VII - NOAA Responsibilities

To implement this MOU, NOAA will use reasonable efforts to:

1. Support CNES for the overall systems engineering function for OSTM;

2. Support, along with the other Partners, the preparation and maintenance of the OSTM

Project Plan, OSS, System Requirements, Operational Concept, Project Schedule, and

other Project Documents, to be approved by the Partners, as defined in the Project Plan,

including relevant interface control documents and in-orbit assessment and verification

plans;

3. Provide NASA with required information necessary for NASA to establish and maintain

the OSTM Safety Plan;

4. Establish a MAP for its own contribution, make it available to the other Partners, and

review the MAPs of the other Partners;

5. Conduct or support, together with the other Partners as necessary, OSTM project reviews,

as defined in the OSTM Project Plan;

6. Provide interface, design, fabrication, and test information and support as necessary to the

other Partners to fulfill their respective responsibilities under this MOU;

7. Upgrade the NOAA Satellite Operations Control Center, CDA stations, and the data

processing, archival, and distribution centers; integrate the OSTM-specific equipment,

hardware, and real-time processing system into the NOAA infrastructure and

communication system;

8. Test, with the support of NASA and CNES, the NOAA elements of the OSTM Ground

Segment, as defined in the OSTM Project Plan;

9. Support the installation, testing, and acceptance of a near real time processing system at

the NOAA-specified location, and perform its integration into the NOAA Ground Segment

infrastructure with CNES support; procure and/or install the associated hardware as

specified by CNES;

10. Archive all Telemetry, as defined in the OSTM Project Plan and consistent with Article

Xff (Data Policy), and perform offline monitoring of Housekeeping Data during all OSTM

Phases;

11. Perform quality control of all products generated by NOAA;

12. Support ground system and overall system-level integration, testing, and preparation of

operations and assessment of readiness for launch and operations, as defined in the OSTM

Project Plan, including training of key personnel;

13. Support, along with the other Partners, the OSTM Assessment and Verification Phases, as

defined in the OSTM Project Plan, and support evaluation and calibration activities to

verify the OSTM performance achieved on orbit;

14. Support real-time mission operations before handover, and prepare for Routine Operations

Phases with CNES support;

15. Operate and control the satellite after handover of this responsibility from CNES,

including operation of the European Earth terminal;

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16. During all OSTM Phases, acquire all Telemetry from the NOAA CDA Stations and make

it available to the other Partners, as defined in the OSTM Project Plan;

17. During OSTM Assessment, Verification, and Routine Operations Phases, produce NRT

Products from Telemetry acquired at the NOAA CDA Stations and make them available to

the other Partners, as defined in the OSTM Project Plan;

18. During OSTM Assessment, Verification, and Routine Operations Phases, make available

the NRT Products produced at NOAA and those generated and made available by

EUMETSAT to users, as defined in the OSTM OSS and consistent with the Article XII

(Data Policy);

19. Provide for long-term archival of OSTM Data Products and provide for access thereto, and

make available the Offline Products generated by CNES to users, as defined in the OSTM

OSS and consistent with the Article XII (Data Policy);

20. Support the relevant Research Announcement process, and assess the relevance of

investigation results to future operational services, as specified in Article XI (OSTM

Science Investigations and Application Demonstrations) of this MOU; and

21. Inform the Partners promptly of any technical or programmatic problems which may affect

overall OSTM schedules, cost, or performance.

Article VIII - Program and Project Management

1. Each Partner will designate an OSTM Program and/or Project Manager responsible for

fulfilling its respective responsibilities as defined in this MOU and based on mechanisms

defined in the OSTM Project Plan.

2. The Partners will establish an OSTM Joint Steering Group (JSG) to provide oversight for

the mission. The JSG will be comprised of up to two senior representatives from each

Partner, as designated by the Partners in writing.

3. The JSG will meet at least once a year and, additionally, upon agreement of the Partners.

The Partners' Program/Project Managers, Program or Mission Scientists, Project Scientists

and others of their Project or Program staff, as agreed, will support these meetings.

4. The JSG will review project status, resolve conflicts as foreseen in Article XXIII

(Settlement of Disputes), and provide institutional resources to ensure timely delivery of

mission elements. The JSG will be cochaired by NASA and CNES during mission

development, until handover of satellite operations, and by NOAA and EUMETSAT

following handover of the satellite operations and control functions. Decision-making by

the JSG will be made by consensus.

5. Changes that may impact other Partners in terms of OSTM cost, mission performance,

schedule, and end of life of mission will require the approval of the JSG.

Article IX - Mission Reviews, Integration, and Flight Readiness

1. To implement OSTM, there will be a series of mission-level reviews, as defined in the

OSTM Project Plan, to evaluate the readiness of the Space and Ground Segments to

proceed to implementation, integration, test, and final launch preparation. The JSG, which

serves as the steering committee for these reviews, will ensure that representatives from all

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Partners, or each Partner's designees, are invited to serve on the boards of these reviews.

All Partners will furnish relevant engineering and programmatic data and will participate

in these reviews. The review process will be further described in the OSTM Project Plan.

2. Taking into account the results of the relevant reviews and key milestones, the Partners

will jointly:

a. make a final determination on the system's readiness for operations;

b. make a final determination on the readiness of the satellite for integration with

the launch vehicle; and.

c. make a final determination on the overall readiness of the system for launch.

Article X — Project Plan and Operational Service Specification

1. CNES will prepare, in close coordination with the other Partners, the OSTM Project Plan.

This plan will contain detailed statements as to how this cooperative project is to be

carried out, including mission planning, provision of the satellite, instruments, and ground

systems, description of interfaces, conduct of mission operations, and data delivery,

overall delivery schedule, plan for formal and informal reviews, process and configuration

control, data delivery timeline, and other such information as the Partners'

Program/Project Managers deem necessary to control the project. The OSTM Project

Plan will be approved by the JSG and maintained by the CNES Project Manager.

2. The Partners will establish and publish an OSTM OSS defining the OSTM standard Data

Products and services that the Partners agree to make available jointly to the operational

and Science user community. The OSTM OSS will be consistent with the Data Policy,

approved by the JSG, and maintained by the CNES Project Manager.

3. In case of conflict between the OSTM Project Plan, OSS, or any other project document

and this MOU, this MOU will prevail.

Article XI - OSTM Science Investigations and Application Demonstrations

1. Program or Mission Scientists: Each Partner will designate a Program or Mission Scientist

responsible for its contribution to the joint OST Research Announcement (RA) process and related

interactions with the operational user community. The designated Program or Mission Scientists

will, in particular:

a. oversee the selection of an Ocean Surface Topography Science Team (OSTST)

supporting TOPEX/Poseidon, Jason, and OSTM;

b. stimulate relevant interactions between selected OST investigators and the

operational user community, including the establishment of agreed

mechanisms for assessing the relevance of investigation results to future

operational services; and

c. ensure relevant scientific input and feedback from the operational community

to the JSG.

2. The OSTST: The suite of activities within the OSTST will be selected through

competitions (the RA process) every 4 years or at a time as mutually agreed by the

Partners. The activities will include scientific investigations and innovative application

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demonstration projects for OSTM. NASA, in coordination with NOAA, will select

proposals to be funded by the United States, and CNES, in coordination with

EUMETSAT, will select proposals expected to be funded by European funding agencies.

The Partners will jointly select investigators from outside the United States and Europe.

The OSTST will be a major contributor to geophysical calibration of OSTM, geophysical

correction models update, and validation of data prior to release.

3. Project Scientists: NASA and CNES will designate Project Scientists to oversee the work

of the OSTST and its interaction with the OSTM Project. They will be jointly responsible

for the development of the scientific aspects of OSTM and for assuring that all data are

effectively used across the OSTST and that the investigation results are expeditiously

produced and made available. They will also be jointly responsible for coordinating

science requirements, calibration and validation plans, and associated field experiments

with other organizations.

Article XII - Data Policy

1. The Partners will make available to each other all Telemetry and Data Products in a timely

manner and without any conditions as to the Partners' use of Telemetry and Data

Products.

2. As a joint contribution to the worldwide exchange of meteorological and related data and

products under the auspices of the WMO, the Partners will treat all Data Products listed in

the OSTM OSS as "essential data and products," as defined in WMO Resolution 40

(Cg-X11), and will make them available as such to other users on a free and unrestricted

basis.

3. The Partners will make available Payload Instrument Data and Data Products to

Investigators selected through the joint RA process and ensure that OSTM Investigators

provide a report to the Partners on the results of their investigations.

4. Subject to Article XIX (Exchange of Technology and Goods), algorithms developed for

the purposes of processing payload instrument data into higher level data and science data

products will be made available to the OSTST and, upon request, to other interested

members of the scientific community for purposes of scientific calibration and validation.

5. All Telemetry and Data Products obtained from the OSTM system will be archived in

appropriate data centers of the Partners, as defined in the OSTM Project Plan, and Data

Products will be made available to all users. Additionally, pertinent ground-based and

correlative observations made in support of Payload Instrument Data and Data Product

validation will be archived and made available. Notwithstanding termination of this

MOU, all Telemetry and Data Products will be archived by the Partners for at least

10 years after the termination of OSTM, unless otherwise agreed by the Partners.

6. There will be no period of exclusive use of Validated Data. The goal should be the

release of Validated Data in some preliminary form at the start of the Initial Routine

Operation Phase.

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Article XIII — Publication of Public Information and Results

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

under this MOU. The Partners will coordinate with each other in advance concerning

public information activities which relate to the other Partner's responsibilities or

performance under this MOU.

2. The Partners will ensure that the analyzed results obtained from the OSTM will be made

available to the general scientific community through publication in appropriate journals

or presentations at scientific conferences as soon as possible and consistent with good

scientific practices. In the event that such reports or publications are copyrighted, the

Partners will have a royalty free right under the copyright to reproduce, distribute, and use

such copyrighted work for their own purposes.

Article XIV - Intellectual Property Rights

1. Nothing in this MOU will be construed as granting or implying any rights to, or interest

in, patents owned or inventions which are independently developed by a Partner or a

Related Entity.

2. All intellectual property conceived or developed solely by a Partner or Related Entity, in

the performance of the activities of this MOU, will be owned by such Partner or a Related

Entity.

3. In the event that an invention is jointly made by employees of more than one Partner

and/or a Related Entity of more than one Partner during the implementation of this MOU,

the Partners concerned will consult and agree as to the responsibilities and costs of actions

to be taken to establish and maintain patent protection (in any country) for such invention

and on the terms and conditions of any license or other rights to be exchanged or granted

by or between the Partners.

Article XV — Customs/Taxes/Immigration

1. In accordance with applicable laws and regulations, each Partner will endeavor to facilitate

free customs clearance and waiver of all applicable customs duties and taxes for equipment

and related 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 Partner having its headquarters in

the country levying such customs, duties, or taxes. Such arrangements will be fully

reciprocal.

2. Subject to applicable laws and regulations, each Partner will endeavor to facilitate

provision of the appropriate entry and residence documentation for personnel of the other

Partners in order to carry out the activities under this MOU.

Article XVI — Exchange of Personnel

To facilitate coordination related to the OSTM, the Partners will support the exchange of a

limited number of personnel from each Partner, at a time and under conditions as mutually

agreed between the Partners' Project Managers, pursuant to necessary administrative

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authorizations. In the event of such an exchange, the Partners will provide necessary office

space and administrative support at the host location, including such additional support

services as may be agreed between the Partners' Project Managers. Salary and all other

expenses will be borne by the employing Partner of the personnel throughout the duration of

their assignment.

Article XVII — Financial Arrangements

Each Partner 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. Further, it is understood that each Partrier's obligations are subject to the

availability of appropriated funds. Should any Partner encounter budgetary problems that

may affect the activities to be carried out under this MOU, the Partner encountering the

problems will notify and consult with the other Partners as soon as possible.

Article XVIII — Ownership of Elements and Equipment

For the purposes of this MOU, each Partner will retain ownership of elements and equipment

it furnishes to another Partner, except as otherwise agreed. Any equipment not launched into

space will be returned to the furnishing Partner at such time as mutually agreed, unless

otherwise agreed. Each Partner will transport its equipment to the delivery points, as

specified in the OSTM Project Plan, and, where appropriate, from such delivery points, when

the equipment is to be returned to the furnishing Partner.

Article XIX - Exchange of Technology and Goods

The Parties will transfer only that technology (including algorithms, software, and source

code) and those goods necessary to fulfill their respective responsibilities under this MOU, in

accordance with the following provisions:

1. All activities of the Parties will be carried out in accordance with applicable laws

and regulations, including their export control laws and regulations and those

pertaining to the control of classified information.

2. The transfer of technology for the purpose of discharging the Parties' responsibilities

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

restriction, except as provided in paragraph 1 above.

3. All transfers of goods and proprietary or export-controlled technology are subject to

the following provisions: In the event a Partner or its Related Entity finds it necessary

to transfer goods or to transfer proprietary or export-controlled technology, for which

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

proprietary or export-controlled technology will be marked. The identification for

goods and the marking on proprietary or export-controlled technology will indicate

that the goods and proprietary or export-controlled technology will be used by the

receiving Partner or its Related Entity only for the purposes of fulfilling the receiving

Partner's or its Related Entity's responsibilities under this MOU, and that the

identified goods and marked proprietary technology or marked export-controlled

technology will not be disclosed or retransferred to any other entity without the prior

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written permission of the furnishing Partner or its Related Entity. The receiving

Partner or its Related Entity will abide by the terms of the notice and protect any such

identified goods and marked proprietary technology or marked export-controlled

technology from unauthorized use and disclosure. The Partners to this MOU will

cause their Related Entities to be bound by the provisions of this Article related to use,

disclosure, and retransfer of goods and marked technology through contractual

mechanisms or equivalent measures.

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

Partner or its Related Entity exclusively for the purposes of the MOU. Upon completion

of the activities under the MOU, the receiving Partner or its Related Entity will return or,

at the request of the furnishing Partner or its Related Entity, destroy, or otherwise dispose

of, as mutually agreed, all goods and marked proprietary technology or marked exportcontrolled technology provided under this MOU.

Article XX - Liability

1. The Parties agree that a comprehensive cross-waiver of liability will enhance participation

in space exploration, use, and investment. The cross-waiver of liability will be broadly

construed to achieve this objective. The terms of the waiver are set out below.

2. As used in this Article:

a. "Launch Vehicle" means an object or any part thereof intended for launch,

launched from Earth, or returning to Earth which carries payloads;

b. "Payload" means all property to be flown or used on or in a launch vehicle; and

c. "Protected Space Operations" means all activities pursuant to this MOU, including

launch vehicle activities and payload activities on Earth, in outer space, or in

transit between Earth and outer space. Protected Space Operations begin at the

entry into force of this MOU and end when all activities done in implementation

of this MOU are completed. It includes, but is not limited to:

(i) research, design, development, test, manufacture, assembly, integration,

operation, disposal or use of launch or transfer vehicles, payloads, or

instruments, as well as related support equipment and facilities and

services; and

(ii) all activities related to ground support, test, training, simulation, or

guidance and control equipment and related facilities or services.

Protected Space Operations excludes activities on Earth that are conducted on

return from space to develop further a payload's product or process for use other

than for the joint activity in question.

3.

a. Each Party agrees to a cross-waiver of liability pursuant to which each Party

waives all claims against any of the entities or persons listed in subparagraphs (i)

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through (iii) below based on Damage arising out of Protected Space Operations.

This cross-waiver of liability will 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 of liability will apply to any claims for

Damage, whatever the legal basis for such claims, including but not limited to

delict and tort (including negligence of every degree and kind) and contract,

against:

(i) another Party;

(ii) a Partner or a Related Entity of a Partner; and

(iii) the employees of any of the entities identified in subparagraphs (i) and

(ii) immediately above.

b. In addition, each Partner will extend the cross-waiver of liability, as set forth in

subparagraph 3.a above, to its Related Entities by requiring them, by contract or

otherwise, to agree to waive all claims against the entities or persons identified in

subparagraphs 3.a (i) through 3.a (iii) above.

c. Notwithstanding the other provisions of this Article, this cross-waiver of liability

will not be applicable to:

(i) claims between a Partner and its own Related Entity or between its own

Related Entities;

(ii) claims made by a natural person, his/her estate, survivors, or subrogees for

bodily injury, other impairment of health or death of such natural person,

except where the subrogee is a Partner;

(iii) claims for Damage caused by willful misconduct;

(iv) intellectual property claims;

(v) claims for Damage resulting from a failure of a Partner to extend the

cross-waiver of liability, as set forth in subparagraph 3.b, or from a failure

of a Partner to ensure that its Related Entities extend the cross-waiver of

liability as set forth in subparagraph 3.b; or

(vi) contract claims between the Partners based on the explicit contractual

provisions.

d. Nothing in this Article will be construed to create the basis for a claim or suit

where none would otherwise exist.

e. For avoidance of doubt, this cross-waiver of liability includes a cross-waiver of

liability arising from the Convention on International Liability for Damage Caused

by Space Objects of March 29, 1972, where the person, entity, or property causing

the Damage is involved in Protected Space Operations and the person, entity, or

property is damaged by virtue of its involvement in Protected Space Operations.

4. In the event of third-party claims for which any of the Partners may be liable, the Partners

will consult promptly to determine an appropriate and equitable apportionment of any

potential liability and on the defense of any such claims.

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5. NASA and NOAA, jointly, and CNES, have requested their respective governments to

conclude an agreement that includes a cross-waiver of liability between their respective

governments. All rights and obligations under this MOU related to the responsibility to

launch as provided by paragraph 9 of Article V (NASA Responsibilities), will be

contingent upon the conclusion between France and the United States of such an

agreement.

Article XXI - Registration of Satellite and Frequencies

1. CNES will perform all the procedures enabling the Government of France to register the

Jason-2 satellite as a space object in accordance with the Convention on Registration of

Space Objects Launched into Outer Space of January 14, 1975. Registration pursuant to

this Article will not affect the rights or obligations of the Parties under the 1972

Convention on International Liability for Damage Caused by Space Objects.

2. CNES will also take the necessary steps to ensure registration of the Jason-2 satellite

frequencies by the International Telecommunication Union (ITU), with the support of the

other Parties as required.

Article XXII — Provision for Future Cooperation

The Partners will consider working together, as appropriate, on a long-term basis to help

define the research and operational requirements for implementation of future ocean surface

topography missions involving Europe and the United States, with the objective of ensuring

fitness for purposes of research and continuity of data and services for all applications.

In the event a mission failure unexpectedly terminates the OSTM prior to its planned end of

lifetime, the Partners agree to consult regarding the resulting gaps in data collection.

Article XXIII - Settlement of Disputes

Disputes relating to this MOU will be resolved exclusively by the Parties.

Any dispute in the interpretation or implementation of the terms of this MOU that is not

resolved by the Project and Program Managers will be referred to the JSG for settlement.

Should the JSG be unable to resolve the dispute, it will be submitted to the representatives of

each Partner as mentioned in the Preamble of this MOU, or their designees, for an amicable

resolution.

Article VCIV - Entry into Force, Duration, Amendment, and Termination

1. This MOU will enter into force upon signature by all Parties. It will remain in force until

completion of the Extended Routine Operation Phase. This MOU may be amended and

extended by written agreement of the Parties. Any Party may terminate its participation in

this MOU at any time upon at least 12 months written notice to the other Parties. In that

event, the terminating Party will consult with the other Parties and will endeavor to

minimize negative impacts of such termination on the other Parties and the mission.

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