TREATIES AND OTHER INTERNATIONAL ACTS SERIES 15-717

________________________________________________________________________

SCIENTIFIC AND TECHNOLOGICAL COOPERATION

High Energy, Astroparticle, and 

Nuclear Physics Research

Arrangement Between

the UNITED STATES OF AMERICA

and ITALY

Signed at Washington July 17, 2015
 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.”
ITALY

Scientific and Technological Cooperation:

 High Energy, Astroparticle, and 

 Nuclear Physics Research

 Arrangement signed at Washington July 17, 2015;

 Entered into force July 17, 2015.
IMPLEMENTING ARRANGEMENT 

BETWEEN 

THE DEPARTMENT OF ENERGY OF THE UNITED STATES OF AMERICA 

AND 

THE MINISTRY OF EDUCATION, UNIVERSITIES AND RESEARCH 

OF THE ITALIAN REPUBLIC 

FOR COOPERATION 

IN HIGH ENERGY, ASTROPARTICLE, AND NUCLEAR PHYSICS RESEARCH 

AND RELATED FIELDS AND TECHNOLOGIES 

The Department of Energy of the United States of America and the Ministry of 

Education, Universities and Research of the Italian Republic (hereinafter referred to as 

the "Parties" and each, a "Party"): 

NOTING their shared view, as confirmed at the Joint Commission Meeting for Science 

and Technology held in December 2013 in Washington, DC, that cooperation in high 

energy, astroparticle, and nuclear physics is of mutual benefit to both Parties' countries; 

and 

NOTING FURTHER the Agreement between the Government of the United States of 

America and the Government of the Italian Republic for Scientific and Technological 

Cooperation of April 1, 1988, as amended and extended (the "S&T Agreement"), 

Have agreed as follows: 

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Section 1 

OBJECTIVE AND SCOPE 

1.1 The objective ofthis Implementing Arrangement is to establish the framework for 

the promotion of scientific and technological cooperation between the Parties in 

high energy, astroparticle, and nuclear physics research and related fields and 

technologies, thereby enhancing the Parties' capabilities to make positive 

contributions in these fields for their mutual benefit. 

1.2 This Implementing Arrangement is subject to and governed by the S&T 

Agreement. In the event of any conflict between the provisions of the S&T 

Agreement and the provisions of this Implementing Arrangement, the provisions 

of the S&T Agreement shall control. 

Section 2 

Areas of Cooperation 

The scientific and technical areas of cooperation under this Implementing 

Arrangement may include, but are not limited to, the following: 

a. Neutrino physics · 

b. Accelerator science and technology 

c. Particle detectors 

d. Dark matter and dark energy physics 

e. Particle and nuclear astrophysics 

f. Theoretical physics 

g. Exchange and advanced training of junior physicists 

h. Heavy ion physics 

1. Rare decay physics 

J. Collider-based particle physics 

k. Nuclear structure and quark structure of the nucleon 

l. Quantum information and communication 

and such other areas as the Parties may agree to in writing. 

Section 3 

FORMS OF COOPERATION 

Fmms of cooperation under this Implementing Arrangement may include: 

3.1 Exchange of scientists, engineers and other specialists for agreed periods of time 

for participation in agreed research, development, analysis, design and 

experimental activities conducted in research centers, laboratories, engineering 

offices and other facilities and enterprises of each Party, each Party's contractors 

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or each participating institution. Such exchanges of personnel shall be conducted 

in accordance with Section 7 of this Implementing Arrangement; 

3.2 Exchange or loan of equipment, samples, materials, instruments and components 

for testing, as set forth in Sections 8 and 9 of this Implementing Arrangement; 

3.3 Exchange, on a current basis, of scientific and technical information, and results 

and methods of research and development, in accordance with Section 10 of this 

Implementing Arrangement; 

3.4 Organization of, and participation in, seminars, workshops, and other meetings on 

specific mutually agreed topics in the fields listed in Section 2 of this 

Implementing Arrangement; 

3.5 Joint projects in which the Parties agree to share the work and/or costs; 

3.6 Exchange programs for the training of pre-doctoral physicists; and 

3. 7 Such other such forms of cooperation as the Parties may agree to in writing. 

Section 4 

PROJECT ANNEXES 

4.1 Cooperative activities under this Implementing Arrangement may be underta.~en 

by the Parties or, as appropriate, by laboratories or contractors of the Parties. 

Each cooperative activity that may involve the sharing of costs or that may give 

rise to the creation of intellectual property shall be set forth in writing in a Project 

Annex, which shall be subject to approval by the Principal Coordinators (as 

provided for in Section 5). 

4.2 Each Project Annex shall include detailed prov1s10ns for carrying out the 

specified forms of cooperation, including such matters as technical scope, work 

plan, exchange of business-confidential information, intellectual property rights, 

management, total costs, cost sharing, and schedule. Each Project Annex shall be 

subject to and shall refer to this Implementing Arrangement. 

Section 5 

MANAGEMENT 

5.1 Each Party shall designate a Principal Coordinator to supervise activities under 

this Implementing Arrangement. The Principal Coordinators shall jointly plan 

and coordinate cooperative activities, co-chair joint meetings, and prepare an 

annual Program of Cooperation. Each Principal Coordinator may appoint a 

Technical Coordinator for each cooperative activity. 

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5.2 The Principal Coordinators shall meet on an annual basis, or as otherwise 

mutually agreed upon, alternately in the United States and in the Italian Republic, 

or in other locations or by teleconference or videoconference as mutually agreed 

upon. The host Party shall choose the meeting site and bear the costs for the 

arrangements associated with the meeting. Representatives from each Party 

attending these meetings shall be responsible for their own travel and lodging 

expenses. At these meetings, the Principal Coordinators shall review and assess 

the progress of activities conducted during the preceding year and the following 

year's plans for continuation of cooperation under this Implementing 

Arrangement. 

5.3 The Principal Coordinators shall jointly prepare a written report of each meeting. 

Each Party shall have the right to disseminate the written meeting report without 

prior notification to the other Party after the record has been approved for release 

by both Parties. 

5.4 The Principal Coordinators may invite representatives of other organizations of 

their countries to attend meetings and to serve as advisors to assist in planning the 

annual meetings and evaluating the progress of cooperative activities under this 

Implementing Arrangement. 

Section 6 

ADDITIONAL ORGANIZATIONS 

Each Party may invite additional organizations of its country to participate in cooperative 

activities under this Implementing Arrangement, at the relevant organization's own 

expense;: and subject to such other terms and conditions as the Parties may specify. Such 

organizations in the United States may include, but are not limited to: Fermi National 

Accelerator Laboratory, Argonne National Laboratory, Brookhaven National Laboratory, 

Lawrence Berkeley National Laboratory, and SLAC National Laboratory. Such 

organizations in the Italian Republic may include, but are not limited to: the Institute 

Nazionale di Fisica Nucleare. 

Section 7 

ASSIGNMENT AND EXCHANGE OF PERSONNEL 

Unless otherwise agreed in writing, the following provisions shall apply to the 

assignment or exchange of personnel under this Implementing Arrangement: 

7.1 Each Party shall endeavor to ensure the selection of qualified personnel with the 

skills and competence necessary to conduct the activities planned under this 

Implementing Arrangement. Each such exchange or assignment shall be agreed 

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in advance by an exchange of letters between the Parties referencing this 

Implementing Arrangement. 

7.2 Each Party shall be responsible for the salaries, insurance, and allowances to be 

paid to its staff or its contractors. 

7.3 Each Party shall pay for the travel and living expenses of its staff or its 

contractors when on assignment at an establishment of the other Party. 

7.4 The host Party shall help identify adequate accommodations for the other Party's 

staff and contractors (and their families) on a mutually agreeable, reciprocal basis. 

7.5 The host Party shall provide all necessary assistance to the staff of the other Party 

and its contractors (and their families) as regards administrative formalities, such 

as making travel arrangements and visa applications. 

7.6 The staff and contractors of a Party shall comply with the general and special 

rules of work and safety regulations in force at the host establishment. 

Section 8 

EXCHANGE OF EQUIPMENT 

By mutual agreement, a Party may provide equipment to be utilized in a joint activity. In 

such event, the following provisions shall apply: 

8.1 The Party providing the equipment (the "Providing Party") shall supply, as early 

as possible, a detailed list of the equipment to be provided, together with the 

relevant specifications and appropriate technical and information documentation 

related to use, maintenance, and repair of the equipment. 

8.2 Title to the equipment and necessary spare parts supplied by the Providing Party 

for use in joint activities shall remain with the Providing Party, and the equipment 

shall be returned to the Providing Party upon completion of the joint activity, 

unless otherwise agreed. 

8.3 Equipment provided pursuant to this Implementing Arrangement shall be brought 

into operation at the host establishment only by mutual agreement of the Parties. 

8.4 The host establishment shall provide the necessary premises and shelter for the 

equipment; utilities such as electric power, water and gas; and normally, shall 

provide materials to be tested, in accordance with all technical requirements, 

which shall be as mutually agreed upon. 

8.5 Responsibility for expenses, safekeeping, and insurance during the transport of 

equipment from the original location in the country of the Providing Party to the 

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place of entry in the country of the Party recetvmg such equipment (the 

"Receiving Party") shall rest with the Providing Party. If the Providing Party 

elects to have the equipment returned, it shall be responsible for expenses, 

safekeeping, and insurance during the transport of the equipment from the original 

point of entry in the country of the Receiving Party to the final destination in the 

country ofthe Providing Party. 

8.6 Responsibility for expenses, safekeeping, and insurance during the transport of 

equipment from the place of entry in the country of the Receiving Party to the 

final destination in the country of the Receiving Party shall rest with the 

Receiving Party. If the Providing Party elects to have the equipment returned, the 

Receiving Party shall be responsible for expenses, safekeeping, and insurance 

during the transport of the equipment from the final destination in the country of 

the Receiving Party to the original point of entry in the country of the Receiving 

Party. 

8.7 Responsibility for expenses, safekeeping, and insurance during the time period 

that the equipment is in use in the country of the Receiving Party shall rest with 

the Receiving Party, unless otherwise agreed in writing. 

8.8 Equipment provided by the Providing Party for use in carrying out joint activities 

shall be considered to be scientific, not having a commercial character, and the 

Receiving Party shall work toward obtaining duty-free entry. 

Section 9 

SAMPLES AND MATERIALS 

Unless otherwise agreed in writing, the follo¥.ing provisions shall apply to the 

transportation and use of samples and materials provided by one Party to the other 

Party under this Implementing Arrangement: 

9.1 All samples and materials provided by the Providing Party to the Receiving Party 

shall remain the property of the Providing Party, and shall be returned to the 

Providing Party upon request. 

9.2 Where one Party requests that the other Party provide a sample or material, the 

Party making the request shall bear all costs and expenses associated with the 

transportation of the sample or material from the location of the Providing Party 

to the final destination. 

9.3 Each Party shall promptly disclose to the other Party all information arising from 

the examination or testing of samples or materials exchanged under this 

Implementing Arrangement. The Parties agree that business-confidential 

information (as defined in Section III of Annex I [Intellectual Property] to the 

S&T Agreement), which was developed prior to or outside the scope of this 

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Implementing Arrangement, shall remain business-confidential even though it is 

contained in the results of an examination or testing of samples or materials. 

Such information shall be identified as business-confidential by the Party 

asserting its business-confidential nature as soon as possible after disclosure of all 

information arising from the examination or testing is made to such Party and the 

other Party shall be immediately advised of that identification. All information 

identified as business-confidential shall be controlled as provided in Section III of 

Annex I to the S&T Agreement. All such business-confidential information is to 

be controlled as set out in Section III of that Annex. 

Section 10 

EXCHANGE OF INFORMATION 

10.1 The Parties may exchange, as agreed on a mutually beneficial basis, scientific and 

technical information, and results of research and development of work carried 

out under this Implementing Arrangement. Such information shall be limited to 

that which the Parties have the right to disclose, either in their possession or 

available to them, relating to the areas of cooperation described in Section 2. 

10.2 Seminar proceedings and reports of joint activities carried out under this 

Implementing Arrangement shall be published as joint publications, as agreed by 

the Parties. 

10.3 The Parties agree that information developed and exchanged under this 

Implementing Arrangement should be given wide distribution. Except as 

provided in Section III of Annex I to the S&T Agreement, such information may 

be made available to the public by either Party through customary channels and in 

accordance with normal procedures ofthe Parties. 

10.4 Information transmitted by one Party to the other Party under this Implementing 

Arrangement shall be accurate to the best knowledge and belief of the 

transmitting Party. Any equipment transferred by one Party to the other Party 

under this Implementing Arrangement shall be suitable for its intended use to the 

best knowledge and belief of the transmitting Party. The transmitting Party does 

not warrant the suitability or accuracy of the information or equipment 

transmitted for any particular use or application by the receiving Party or by any 

third party. 

10.5 Information developed jointly by the Parties shall be accurate, and jointly 

developed information shall be suitable for its intended use, to the best knowledge 

and belief of both Parties. Neither Party warrants the accuracy of the jointly 

developed information or the appropriateness of equipment, nor its suitability for 

any particular use or application by either Party or by any third party. 

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Section 11 

INTELLECTUAL PROPERTY RIGHTS AND BUSINESS-CONFIDENTIAL 

INFORMATION 

The protection and allocation of intellectual property and the treatment of 

business-confidential information created or furnished in the course of 

cooperative activities under this Implementing Arrangement shall be governed by 

the provisions of Annex I (Intellectual Property) to the S&T Agreement. 

Section 12 

FUNDING 

12.1 Unless otherwise agreed, all costs resulting from cooperation pursuant to this 

Implementing Arrangement shall be the responsibility of the Party that incurs 

such costs. 

12.2 The conduct of activities under and pursuant to this Implementing Arrangement 

shall be subject to the availability of appropriated funds, personnel, and other 

resources. 

Section 13 

GENERAL PROVISIONS 

13.1 Each Party shall conduct the activities carried out under this Implementing 

Arrangement in accordance with the laws and regulations to which it is subject. 

13.2 Any questions of interpretation or implementation relating to this Implementing 

Arrangement arising during its term shall be resolved by consultations between 

the Parties. 

Section 14 

ENTRY INTO FORCE, DURATION, AMENDMENT, AND TERMINATION 

14.1 This Implementing Arrangement shall enter into force upon signature and remain 

in force so long as the S&T Agreement remains in force, unless terminated earlier 

pursuant to paragraph 14.3 of this Section. 

14.2 This Implementing Arrangement may be amended at any time by written 

agreement of the Parties. 

14.3 This Implementing Arrangement may be terminated at any time by written 

agreement of the Parties. Alternatively, this Implementing Arrangement may be 

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terminated at any time at the discretion of either Party upon six (6) months' 

written notice to the other Party. 

14.4 All ongoing joint activities, projects and experiments not completed upon 

termination of this Implementing Arrangement may be continued until their 

completion under the provisions of this Implementing Arrangement. 

DONE at Washington, in duplicate, this 1 ih day of July 2015. 

FOR THE DEPARTMENT OF ENERGY 

OF THE UNITED STATES OF AMERICA: 

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FOR THE MINISTRY OF EDUCATION, 

UNIVERSITIES AND RESEARCH 

OF THE ITALIAN REPUBLIC: 

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