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TREATIES AND OTHER INTERNATIONAL ACTS SERIES 03-1016.1
 

SCIENTIFIC COOPERATION 

Agreement Between the 

UNITED STATES OF AMERICA 

and PAKISTAN 

Signed at Washington June 25, 2003 

with Annexes 

and 

Agreement Extending the Agreement 

Effected by Exchange of Notes at 

Washington August 21 and September 8, 2008 

and 

Protocol Extending the Agreement 

Signed at Washington October 23, 2013 
 

 

 

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.” 
 

 

 

 

 

 

 

 

 

 

 

 

PAKISTAN 

Scientific Cooperation 

Agreement signed at Washington June 25, 2003;
 

Entered into force October 16, 2003.
 

With annexes.
 

And agreement extending the agreement.
 

Effected by exchange of notes at Washington
 

August 21 and September 8, 2008; 

Entered into force October 16, 2008. 

And protocol extending the agreement. 

Signed at Washington October 23, 2013; 

Entered into force October 23, 2013. 
AGREEMENT 

ON 

SCIENCE AND TECHNOLOGY COOPERATION 

BETWEEN 

THE GOVERNMENT OF THE UNITED STATES OF AMERICA 

AND 

THE GOVERNMENT OF THE ISLAMIC REPUBLIC OF PAKISTAN 

The Government of the United States of America and the Government of the 

Islamic Republic of Pakistan (hereinafter referred to as the "Parties"); 

Realizing that international cooperation in science and technology for peaceful 

purposes will strengthen the bonds of friendship and understanding between their peoples 

and will advance the state of science and technology of both countries, as well as 

mankind; 

Sharing responsibilities for contributing to the world's future prosperity and well 

being, and desiring to make further efforts to strengthen their respective national research 

and development policies for peaceful uses; 

Considering scientific and technical cooperation is an important condition for the 

development of national economies; 

Intending to strengthen their economic cooperation through specific and advanced 

technology applications; 

Wishing to establish dynamic and effective international cooperation between 

organizations and individual scientists in the two countries; and 

Recognizing that cooperative activities would facilitate exchange and diffusion of 

technologies between the two countries; 

Have agreed as follows: 
Article I 

1. The purposes of this Agreement are to strengthen scientific, technological 

and engineering capabilities of the Parties, to broaden and expand relations between the 

extensive scientific and technological communities of both countries, and to promote 

scientific and technological cooperation in areas of mutual benefit, all for peaceful 

purposes. 

2. The principal objectives of this cooperation are to provide opportunities to 

exchange ideas, information, skills, and technologies for peaceful purposes, and to 

collaborate on scientific and technological endeavors of mutual interest. 

Article II 

1. Cooperative activities under this Agreement shall be conducted in 

accordance with the applicable laws, regulations, and procedures in both countries and 

shall be subject to the availability of appropriated funds and personnel. 

2. Written "Rules of Procedure" will be developed by the Parties that govern 

the administration and use of any funds made available for the purposes of this 

Agreement. 

Article III 

1. The Parties shall encourage cooperation through exchanges of scientific 

and technical information; exchanges of scientists and technical experts; the convening of 

joint seminars and meetings; training of scientists and technical experts; the conduct of 

joint research projects; educational exchanges related to science, technology and 

engineering; establishment of science-based public-private partnerships; and other forms 

of scientific and technological cooperation as may be mutually agreed upon. None of the 

activities undertaken under this Agreement will relate to the development or use of 

nuclear, chemical or biological weapons, missiles or high-resolution remote sensing 

capabilities. 

2. Cooperation under this Agreement shall be based on shared 

responsibilities and equitable contributions and benefits, commensurate with the Parties' 

respective scientific and technological strengths and resources. 
3. Priority will be given to collaborations that can advance common goals in 

science and technology; support partnerships between public and private research 

institutions and industry, touching on such science and technology issues as: promotion 

of science-based decision-making, environmental and biodiversity protection, natural 

sciences, agriculture, marine sciences, energy, basic space sciences, climate, HIV/AIDS, 

telemedicine and other health issues, information and communication technologies, 

standards and metrology, science and technology education, and science, technology and 

engineering for sustainable development. 

Article IV 

1. The Parties shall encourage and facilitate, where appropriate, the 

development of contacts and cooperation between government agencies, universities, 

research centers, institutions, private sector companies and other entities of the two 

countries. 

2. Government agencies of the Parties may conclude under this Agreement 

implementing agreements or arrangements, as appropriate, in specific areas of science, 

technology and engineering. These implementing agreements or arrangements shall 

cover, as appropriate, topics of cooperation, procedures for transfer and use of materials, 

equipment and funds, and other relevant issues. 

3. The Parties may designate other entities, including universities, research 

centers, institutions, and private sector companies, to carry out activities under this 

Agreement. Such entities may, with the approval of the Parties, enter into implementing 

arrangements, as appropriate, in specific areas of science and technology. These 

implementing arrangements shall cover, as appropriate, topics of cooperation, procedures 

for transfer and use of materials, equipment and funds, and other relevant issues. 

4. In case of any inconsistent or ambiguous provisions in an implementing 

agreement or arrangement, the provisions of this Agreement shall prevail, unless the 

Parties otherwise agree. 

Article V 

Scientists, technical experts, government agencies and institutions of third 

countries or international organizations may, in appropriate cases, be invited by 
agreement of both Parties to participate at their own expense, unless otherwise agreed, in 

projects and programs being carried out under this Agreement. 

Article VI 

1. The Parties agree to consult periodically and at the request of either Party 

concernmg the implementation of the Agreement and the development of their 

cooperation in science and technology. The Parties shall establish a Joint Committee to 

coordinate, facilitate, and review cooperative activities under this Agreement, composed 

of representatives designated by the Parties. The Joint Committee shall be co-chaired by 

a designated official of the Department of State of the United States and a designated 

official of the Government of the Islamic Republic of Pakistan. The Joint Committee 

shall meet at regular intervals as specified in the Rules of Procedure, referred to in Article 

11(2). 

2. Each Party shall also designate an Agreement Coordinator to conduct 

administrative affairs and, as appropriate, to provide oversight and coordination of 

activities under this Agreement, including administration of any funds made available for 

the purposes of this Agreement, as described in Article 11(2). 

Article VII 

1. Scientific and technological information of a non-proprietary nature 

resulting from cooperation under this Agreement, other than information which is not 

disclosed for legal, commercial or industrial reasons, shall be made available, unless 

otherwise agreed, to the world scientific community through customary channels and in 

accordance with normal procedures of the participating agencies and entities. No 

warranty of suitability of information exchanged under this Agreement is implied or 

given. 

2. The treatment of intellectual property created or furnished in the course of 

cooperative activities under this Agreement is provided for in Annex I, which shall apply 

to all activities conducted under this Agreement unless agreed otherwise by the Parties or 

their designees in writing. 

3. Sensitive information or equipment shall not be transferred under this 

Agreement. Annex II provides for the protection of any such information or equipment 

identified in the course of cooperation under this Agreement and provides for the 
handling of unclassified export-controlled information or equipment transferred under 

this Agreement. 

Article VIII 

1. Each Party shall facilitate, as appropriate and in accordance with its laws 

and regulations, entry into and exit from its territory of appropriate personnel and 

equipment of the other Party, as well as other materials, data, and specimens used or 

engaged as part of projects and programs under this Agreement. 

2. Each Party shall facilitate, as appropriate, prompt and efficient access of 

persons of the other Party, participating in cooperative activities under this Agreement, to 

its relevant geographic areas, institutions, data, materials, and individual scientists, 

specialists and researchers, as needed to carry out those activities. 

3. Each Party shall facilitate, in accordance with its laws and regulations, 

duty free entry for materials and equipment provided pursuant to science and technology 

cooperation provided for under this Agreement. 

4. United States assistance provided by this Agreement shall be exempt from 

taxation, including value added taxes and customs duties imposed on commodities 

financed by such assistance, by the foreign government. U.S. law requires withholding 

from future assistance an amount equal to 200 percent of all taxes assessed by a foreign 

government or entity against commodities financed, either directly or through grantees, 

contractors or sub-contractors, by the type of United States assistance contemplated by 

this Agreement, if such taxes are not reimbursed to the Government of the United States. 

Article IX 

In the event that differences anse between the Parties with regard to the 

interpretation or application of the provisions of this Agreement, the Parties shall resolve 

them by means of negotiations and consultations. 

Article X 

1. This Agreement shall enter into force when the Parties notify each other, 

through written diplomatic channels, of the completion of their respective national legal 
requirements necessary for the entry into force of this Agreement. The date of last 

notification will be deemed to be the date of entry into force of this Agreement. This 

Agreement shall remain in force for a period of five (5) years. It shall be renewed for 

further five-year periods by written agreement of the Parties. 

2. This Agreement may be terminated at any time by either Party upon six 

(6) months written notice to the other Party. Termination of this Agreement shall not 

affect the implementation of any cooperative activity carried out under this Agreement 

and not completed upon termination of this Agreement. Notwithstanding the termination 

of this Agreement, the obligations set forth in Annex II to protect or restrict the use of 

information or equipment shall continue to apply without respect to time, unless 

otherwise agreed in writing by the Parties. 

3. This Agreement may be amended or modified at any time through the 

written mutual consent of the Parties. 

IN WITNESS WHEREOF, the undersigned, being duly authorized by their respective 

Governments, have signed this Agreement. 

DONE at Washington, D.C., this 25th day of June 2003, in duplicate, in the English 

language. 

FOR THE GOVERNMENT FOR THE GOVERNMENT 

OF THE UNITED STATES OF THE ISLAMIC REPUBLIC 

OF AMERICA: 

'i>t'>~o Acri~ ."1 ~ 

OF PAKISTAN: 
ANNEX I 

INTELLECTUAL PROPERTY 

Pursuant to Article VII(2) of this Agreement: 

I. General Obligation 

The Parties shall ensure adequate and effective protection of intellectual property 

created or furnished under this Agreement and relevant implementing agreements or 

arrangements. The Parties agree to notify one another in a timely fashion of any 

inventions or copyrighted works arising under this Agreement and to seek protection for 

such intellectual property in a timely fashion. Rights to such intellectual property shall 

be allocated as provided in this Annex. 

II. 	 Scope 

A. 	 This Annex is applicable to all cooperative activities undertaken pursuant 

to this Agreement, except as otherwise specifically agreed by the Parties 

or their designees. 

B. 	 For purposes of this Agreement, "intellectual property" shall mean the 

subject matter listed in Article 2 of the Convention Establishing the World 

Intellectual Property Organization, done at Stockholm, July 14, 1967 and 

may include other subject matter as agreed by the Parties. 

C. 	 Each Party shall ensure, through contracts or other legal means with its 

own participants, if necessary, that the other Party can obtain the rights to 

intellectual property allocated in accordance with this Annex. This Annex 

does not otherwise alter or prejudice the allocation between a Party and its 

nationals, which shall be determined by that Party's laws and practices. 

D. 	 Except as otherwise provided in this Agreement, disputes concerning 

intellectual property arising under this Agreement shall be resolved 

through discussions between the concerned participating institutions, or, if 

necessary, the Parties or their des1gnees. Upon mutual agreement of the 

Parties, a dispute shall be submitted to an arbitral tribunal for binding 

arbitration in accordance with the applicable rules of international law. 
Unless the Parties or their designees agree otherwise in writing, the 

arbitration rules of UNCITRAL shall govern. 

E. 	 Termination or expiration of this Agreement shall not affect rights or 

obligations under this Annex. 

III. 	 Allocation of Rights 

A. 	 Each Party shall be entitled to a non-exclusive, irrevocable, royalty-free 

license in all countries to translate, reproduce, and publicly distribute 

scientific and technical journal articles, reports, and books directly arising 

from cooperation under this Agreement. All publicly distributed copies of 

a copyrighted work prepared under this provision shall indicate the names 

of the authors of the work unless an author explicitly declines to be 

named. 

B. 	 Rights to all forms of intellectual property, other than those rights 

described in paragraph IIIA above, shall be allocated as follows: 

(1) 	 Visiting researchers shall receive rights, awards, bonuses and 

royalties in accordance with the policies of the host institution. 

(2) 	 (a) Any intellectual property created by persons employed or 

sponsored by one Party under cooperative activities other than 

those covered by paragraph 111.(B)(l) shall be owned by that Party. 

Intellectual property created by persons employed or sponsored by 

both Parties shall be jointly owned by the Parties. In addition, each 

creator shall be entitled to awards, bonuses and royalties in 

accordance with the policies of the institution employing or 

sponsoring that person. 

(b) Unless otherwise agreed in an implementing or other 

agreement or arrangement, each Party shall have within its territory 

all rights to exploit or license intellectual property created in the 

course of the cooperative activities. 

(c) The rights of a Party outside its territory shall be determined by 

mutual agreement considering the relative contributions of the 

Parties and their participants to the cooperative activities, the 
degree of commitment in obtaining legal protection and licensing 

of the intellectual property and such other factors deemed 

appropriate. 

(d) Notwithstanding paragraphs III.B(2)(a), (b) and (c) above, if a 

particular project has led to the creation of intellectual property 

protected by the laws of one Party but not the other, the Party 

whose laws provide for this type of protection shall be entitled to 

all rights to exploit or license intellectual property worldwide 

although creators of intellectual property shall nonetheless be 

entitled to awards, bonuses and royalties as provided in paragraph 

III.B(2)(a). 

(e) For each invention made under any cooperative activity, the 

Party employing or sponsoring the inventor(s) shall disclose the 

inventions promptly to the other Party together with any 

documentation and information necessary to enable the other Party 

to establish any rights to which it may be entitled. Either Party 

may ask the other Party in writing to delay publication or public 

disclosure of such documentation or information for the purpose of 

protecting its rights in the invention. Unless otherwise agreed in 

writing, the delay shall not exceed a period of six months from the 

date of disclosure by the inventing Party to the other Party. 

IV. Business Confidential Information 

In the event that information identified in a timely fashion as business-confidential is 

furnished or created under this Agreement, each Party and its participants shall protect 

such information in accordance with applicable laws, regulations, and administrative 

practices. Information may be identified as "business-confidential" if a person having the 

information may derive an economic benefit from it or may obtain a competitive 

advantage over those who do not have it, and the information is not generally known or 

publicly available from other sources, and the owner has not previously made the 

information available without imposing in a timely manner an obligation to keep it 

confidential. 
ANNEX II 

SECURITY OBLIGATIONS 

I. Protection of Sensitive Technology 

Both Parties agree that no information or equipment requiring protection in the 

interest of national defense or foreign relations and classified in accordance with its 

applicable national laws and regulations shall be provided under this Agreement. In the 

event that information or equipment which is known or believed to require such 

protection is identified in the course of cooperative activities pursuant to this Agreement, 

it shall be brought immediately to the attention of the appropriate officials and the Parties 

shall consult to identify appropriate security measures to be agreed upon by the Parties in 

writing and applied to this information and equipment and shall, if appropriate, amend 

this Agreement to incorporate such measures. 

II. Technology Transfer 

The transfer of unclassified export-controlled information or equipment between the 

Parties shall be in accordance with the relevant laws and regulations of each Party. If 

either Party deems it necessary, detailed provisions for the prevention of unauthorized 

transfer or retransfer of such information or equipment shall be incorporated into the 

contracts or implementing arrangements. Export controlled information shall be marked 

to identify it as export controlled and identify any restrictions on further use or transfer. 

*** 
The Department of State refers the Embassy ofthe Islamic Republic ofPakistan to the 

Agreement on Science and Technology Cooperation between the Government of the United 

States ofAmerica and the Government ofthe Islamic Republic ofPakistan signed June 25, 2003 

(hereinafter referred to as "the 2003 Agreement"). 

On behalfofthe Government ofthe United States of America, the Department of State 

proposes to extend the 2003 Agreement for a period offive years until October 16, 2013. 

Ifthe Government ofthe Islamic Republic ofPakistan considers this proposal acceptable, 

the Department of State further proposes that this note and the Embassy's rep1y note shall 

constitute an Agreement between the Government ofthe United States ofAmerica and the 

Government ofthe Islamic Republic ofPakistan to extend the 2003 Agreement, which shall 

enter into force on the date ofthe Embassy's reply note and shall be effective from October 16, 

2008. 

Department ofState, 

Washington, August 21, 2008. 

DIPLOMATIC NOTE 
EMSASSV OF PAKISTAN 


3517 lnternationaf Court. N.W. 


WASHINGTON, D.C. 20008 


Tel: (202) 243-6500 


No. Pol-1/25/2008 September 8, 2008 

The Embassy of the Islamic Republic of Pakistan presents its 

compliments to the Department of State and with reference to the latter's 

diplomatic note· dated. August 21, :2008 has tbc honor to state that the 

Govemment of Pakistan has concurred with the proposa1 to extend the 

Agreement on Science and Technology Co-operation between the 

Government of the Islamic Republic ofPakistan an.d the Government of the 

United States of America for a period of five years until October 16, 2013, 

in terms of Artlcle-X of the Agreement. It may be recalled that the said 

Agreement was originally signed between the two governments on June 25, 

2003. 

The Embassy of the Islamic Republic of Pakistan avails itself of this 

opportunity to renew to the Department ofState the assurances of its highest 

consideration. 

The Department ofState, 


(Attention: Ms. Mary Townswick, 


Director, Office ofPakistan & Bangladesh) 


Bureau ofSouth and Central Asian Affairs~ 

Washington, DC. · 

PROTOCOL EXTENDING 


THE AGREEMENT ON 


SCIENCE AND TECHNOLOGY COOPERATION 


BETWEEN 


THE GOVERNMENT OF THE UNITED STATES OF AMERICA 


AND 


THE GOVERNMENT OF THE ISLAMIC REPUBLIC OF PAKISTAN 


The Government of the United States of America and the Government of the 

Islamic Republic of Pakistan, 

Recognizing that the Agreement on Science and Technology Cooperation 

Between the Government of the United States of America and the Government of 

the Islamic Republic of Pakistan signed at Washington on June 25, 2003, as 

extended (hereinafter referred to as "the Agreement"), is due to expire on October 

16, 2013, and, 

Acting pursuant to paragraph 1 of Article 10 of the Agreement; 

Have agreed as follows: 

Article I 

The Agreement shall be extended for five years, effective from October 16, 2013. 

In doing so, the implementing accord and protocols that are coterminous with the 

Agreement also shall be extended for five years. 

Article II 

This Protocol shall enter into force on the date ofsignature. 

Done at Washington, this 23 ,.-.d day ofOctober 2013 in duplicate, in the 

English language. 

FOR THE GOVERNMENT OF THE 

UNITED STATES OF AMERICA: