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TREATIES AND OTHER INTERNATIONAL ACTS SERIES 16-211
 

SPACE COOPERATION 

Peaceful Uses 

Agreement Between the 

UNITED STATES OF AMERICA 

and ITALY 

Signed at Washington March 19, 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.” 
 

 

 

 

 

 

 

ITALY 

Space Cooperation: Peaceful Uses 

Agreement signed at Washington 

March 19, 2013; 

Entered into force February 11, 2016. 
FRAMEWORK AGREEMENT 

BETWEEN 

THE GOVERNMENT OF THE UNITED STATES OF AMERICA 

AND 

THE GOVERNMENT OF THE ITALIAN REPUBLIC 

FOR 

COOPERATION IN THE EXPLORATION AND USE OF 

OUTERSPACEFORPEACEFULPURPOSES 
TABLE OF CONTENTS 

ARTICLE l: PURPOSE ........................................................................................................4 


ARTICLE 2: DEFINITIONS ................................................................................................ .4 


ARTICLE 3: SCOPE OF ACTIVITIES ................................................................................ 5 


ARTICLE 4: IMPLEMENTING ARRANGEMENTS .........................................................6 


ARTICLE 5: FINANCIAL ARRANGEMENTS ..................................................................7 


ARTICLE 6: LIABILITY AND RISK OF LOSS -CROSS-WAIVER ............................... 7 


ARTICLE 7: REGISTRATION OF SPACE OBJECTS .......................................................8 


ARTICLE 8: TRANSFER OF GOODS AND TECHNICAL DAT A ................................... 9 


ARTICLE 9: INTELLECTUAL PROPERTY RIGHTS .................................................... 10 


ARTICLE IO: RELEASE OF RESULTS AND PUBLIC INFORMATION ...................... 11 


ARTICLE 11: EXCHANGE OF PERSONNEL AND ACCESS TO FACILITIES ........... 11 


ARTICLE 12: CUSTOMS CLEARANCE AND MOVEMENT OF GOODS ................... 11 


ARTICLE 13: OVERFLIGHT ............................................................................................. 12 


ARTICLE 14: CONSULTATION AND DISPUTE RESOLUTION .................................. 12 


ARTICLE 15: AMENDMENTS ......................................................................................... 12 


ARTICLE 16: EFFECT ON OTHER AGREEMENTS ...................................................... 12 


ARTICLE 17: CONTINUING OBLIGATIONS ................................................................. 12 


ARTICLE 18: ENTRY INTO FORCE AND DURATION ................................................ 13 


ARTICLE 19: TERMINATION .......................................................................................... 13 


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PREAMBLE 

The Government of the United States of America (U.S.), and the Government of the Italian 

Republic (Italy), hereinafter collectively referred to as "the Parties," or individually as 

"Party," 

CONSIDERING the provisions of the Treaty on Principles Governing the activities of 

States in the Exploration and Use of Outer Space, including the Moon and other Celestial 

Bodies of January 27, 1967 and of other multilateral treaties and agreements on the 

exploration and use of outer space to which both the Governments of the Italian Republic 

and of the United States of America are Parties; 

RECALLING their long and fruitful cooperation in the peaceful uses of outer space, 

through the successful implementation of cooperative projects in a broad range of areas 

and in particular the long-term cooperation between the U.S. National Aeronautics and 

Space Administration (hereinafter referred to as "NASA") and the Italian Space Agency 

(hereinafter referred to as "ASI"); 

CONSIDERING the desirability of enhanced cooperation between the Parties in human 

space flight, space and planetary science, the use of space for research in the Earth 

sciences, and exploration, with potential benefits to all nations; 

RECALLING cooperation on the International Space Station under the Agreement among 

the Government ofCanada, the Governments ofthe Member States ofthe European Space 

Agency, the Government ofJapan, the Government ofthe Russian Federation, and the 

Government ofthe United States ofAmerica concerning Cooperation on the Civil 

International Space Station, done at Washington on January 29, 1998 (hereinafter referred 

to as the "IGA"); 

RECOGNIZING that the Parties are members of the Group on Earth Observations and the 

Committee on Earth Observation Satellites, and that as such, both strive to implement the 

Group on Earth Observations System of Systems (GEOSS) Data Sharing Principles, with 

respect to Earth science and operational environmental monitoring data; 

CONVINCED of the relevant role of space in contributing to societal and economic 

benefits; and 

DESIRING to establish an overall legal framework to facilitate the continuance and 

strengthening of the Parties' mutually beneficial relationship; 

HAVE agreed as follows: 

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ARTICLE 1: PURPOSE 

This Framework Agreement, hereinafter referred to as the "Agreement," sets forth the 

obligations, terms, and conditions for the cooperation between the Parties in the 

exploration and use of outer space for peaceful purposes in areas of common interest and 

on the basis of equality and mutual benefit. 

ARTICLE 2: DEFINITIONS 

1. 	 The term "Implementing Agency" means: 

(a) For the Government of the United States of America, the National Aeronautics 

and Space Administration (NASA), the National Oceanic and Atmospheric 

Administration (NOAA), the United States Geological Survey (USGS), and any 

other U.S. agency or department that the Government of the United States of 

America may decide to designate in writing through diplomatic channels; and 

(b) For the Government of the Italian Republic, the Italian Space Agency (ASI), and 

any other Italian Government-controlled entity that the Government of the Italian 

Republic may decide to designate in writing through diplomatic channels. 

2. 	 The term "Damage" means: 

(a) Bodily injury to, or other impairment of health of~ or death of~ any person; 

(b) Damage to, loss of, or loss of use of any property; 

(c) Loss of revenue or profits; or 

(d) Other direct, indirect, or consequential damage. 

3. 	 The term "Launch Vehicle" means an object, or any part thereof, intended for launch, 

launched from Earth or returning to Earth, which carries Payloads or persons, or both. 

4. 	 The term "Payload" means all property to be flown or used on or in a Launch Vehicle. 

5. 	 The term "Protected Space Operations" means all activities conducted pursuant to this 

Agreement or any Implementing Arrangement concluded hereunder, including Launch 

Vehicle or Transfer Vehicle activities, and Payload activities on Earth, in outer space, 

or in transit between Earth and outer space, in implementation of this Agreement. 

Protected Space Operations begins on the date of entry into force oftnis Agreement 

and ends when all activities done in implementation of this Agreement are completed. 

The term "Protected Space Operations" includes, but is not limited to: 

(a) Research, design, development, test, manufacture, assembly, integration, operation, 

or use of Launch or Transfer Vehicles, Payloads, or instruments, as well as related 

support equipment and facilities and services; and 

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(b) All activities related to ground support, test, training, simulation, or guidance and 

control equipment and related facilities or services. 

The term "Protected Space Operations" excludes activities on Earth that are conducted 

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

than for activities in implementation of this Agreement. 

6. 	 (a) The term "Related Entity" means: 

(i) 	 A contractor or subcontractor of an Implementing Agency, at any tier; 

(ii) 	 A grantee or any other cooperating entity or investigator of an Implementing 

Agency at any tier; or 

(iii) 	 A contractor or subcontractor of a grantee or any other cooperating entity or 

investigator of an Implementing Agency at any tier. 

(b) 	 In Article 6 (Liability and Risk of Loss - Cross-Waiver) of this Agreement, the 

term "Related Entity" also means: 

(i) 	 A user or customer of an Implementing Agency at any tier; or 

(ii) 	 A contractor or subcontractor, including suppliers of any kind, of a user or 

customer of an Implementing Agency at any tier. 

(c) 	 In Article 6 (Liability and Risk of Loss - Cross-Waiver) and Article 8 (Transfer 

of Goods and Technical Data) of this Agreement, the term "Related Entity" may 

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

State, agency, or institution is an entity described above or is otherwise involved 

in the activities undertaken pursuant to this Agreement. 

7. 	 The term "Transfer Vehicle" means any vehicle that operates in space and transfers a 

Payload or person or both between two different space objects, between two different 

places on the same space object, or between a space object and the surface of a celestial 

body. A Transfer Vehicle also includes a vehicle that departs from and returns to the 

same location on a space object. 

ARTICLE 3: SCOPE OF ACTIVITIES 

I. 	 The Parties will identify areas of mutual interest and seek to develop cooperative 

programs or projects, hereinafter referred to as "Programs," in the exploration and 

peaceful uses of outer space and will work closely together to this end. 

2. 	 These Programs may be undertaken in the following areas of cooperation: 

(a) Human Exploration and Operations; 

(b) Space and Earth Science; 

(c) Earth Observations; and 

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(d) Other relevant areas of mutual interest. 

3. 	 These Programs may be implemented using: 

(a) Spacecraft and space research platforms; 

(b) Scientific instruments onboard aircraft, spacecraft, and/or space research platforms; 

(c) Human Exploration and Operations missions; 

(d) Sounding rocket and scientific balloon flights and campaigns; 

(e) Aircraft flights and campaigns; 

(f) 	Space communications, including ground-based antennas for tracking, telemetry, 

and data acquisition; 

(g) Earth and space applications; 

(h) Ground-based research facilities; 

(i) 	 Terrestrial analogs; 

(j) 	Exchanges of scientific personnel; 

(k) Exchanges of scientific data; 

(I) Participation in joint workshops and meetings; 


(m)Education and public outreach activities; and 


(n) Other forms of cooperation as agreed between the Parties. 

4. 	 All activities under this Agreement will be conducted in a manner consistent with the 

applicable national laws and regulations of the Parties and in accordance with 

applicable international law. 

5. 	 This Agreement may apply to cooperative utilization activities undertaken consistent 

with Article 9 (Utilization) of the IGA, or any subsequent agreement that modifies or 

supersedes the IGA. 

6. 	 These Programs may take place on the surface of the Earth, in air space, or in outer 

space. 

ARTICLE 4: IMPLEMENTING ARRANGEMENTS 

I. 	 Subject to their respective laws and regulations, the Parties will conduct joint activities 

or "Programs" under this Agreement through their respective Implementing Agencies. 

Implementing Arrangements concluded by the Implementing Agencies will set forth 

the specific roles and commitments of the Implementing Agencies and will include, as 

appropriate, provisions related to the nature and scope of the joint activities, the 

individual and joint commitments of the Implementing Agencies, and any other 

provisions necessary to conduct the joint activities. 

2. 	 Such Implementing Arrangements will be subject to this Agreement. 

3. 	 The Parties will ensure that their respective Implementing Agencies make all 

reasonable efforts to perform the commitments contained in the Implementing 

Arrangements. 

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ARTICLE 5: FINANCIAL ARRANGEMENTS 

1. 	 Each Party will bear the costs of discharging its respective obligations under this 

Agreement, including travel and subsistence of personnel and transportation of all 

equipment and other items for which it is responsible. 

2. 	 The Parties' obligations under this Agreement are subject to the availability of 

appropriated funds and to each Party's respective funding procedures. Should either 

Party or an Implementing Agency encounter budgetary problems that may affect the 

activities to be carried out under this Agreement, the Party or Implementing Agency 

encountering the problems will notify and consult with the other Party and its 

Implementing Agencies, as appropriate, as soon as possible. 

ARTICLE 6: LIABILITY AND RISK OF LOSS-CROSS-WAIVER 

1. 	 With respect to activities performed under this Agreement, the Parties agree that a 

comprehensive cross-waiver of liability will further cooperation in the exploration, 

exploitation and use of outer space. This cross-waiver ofliability, as set out below, 

will be broadly construed to achieve this objective. Provided that the waiver of claims 

is reciprocal, the Implementing Agencies may tailor the scope of the cross-waiver 

clause in an Implementing Arrangement to address the specific circumstances of a 

particular cooperation. 

2. 	 Cross-waiver of liability: 

(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 sub-paragraphs 

2(a)(i) through 2(a)(iv) below based on Damage arising out of Protected Space 

Operations. This cross-waiver will apply only ifthe 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 will apply to any claims for Damage, 

whatever the legal basis for such claims, against: 

(i) The other Party; 

(ii) The other Party's Implementing Agency; 

(iii) A Related Entity of the other Party's Implementing Agency; 

(iv) The employees of any of the entities identified in sub-paragraphs (i), (ii) and 

(iii) immediately above. 

(b) In addition, each Party will ensure that its Implementing Agency extends the crosswaiver ofliability as set forth in Article 6.2(a) to the Implementing Agency's 

Related Entities by requiring them, by contract or otherwise, to agree to: 

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(i) 	 Waive all claims against the entities or persons identified in Article 6.2(a)(i) 

through Article 6.2(a)(iv); and 

(ii) 	 Require that their Related Entities waive all claims against the entities or 

persons identified in Article 6.2(a)(i) through Article 6.2(a)(iv) above. 

(c) For avoidance of doubt, this cross-waiver ofliability will be applicable to claims 

arising under the Convention on International Liability for Damage Caused by 

Space Objects, done on March 29, 1972 (the "Liability Convention"), where 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. 

(d) Notwithstanding the other provisions of this Article, this cross-waiver of liability 

will not be applicable to: 

(i) 	 Claims between a Party and its Implementing Agency's Related Entity or 

between an Implementing Agency's own Related Entities; 

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

(except when a subrogee is a Party to this Agreement or is otherwise bound 

by the terms of this cross-waiver) for bodily injury to, other impairment of 

health of, or death of such natural person; 

(iii) 	 Claims for Damage caused by willful misconduct; 

(iv) 	 Intellectual property claims; 

(v) 	 Claims for Damage resulting from a failure ofa Party's Implementing 

Agency to extend the cross-waiver of liability to its Implementing Agencies' 

Related Entities, pursuant to Article 6.2(b ); or 

(vi) 	 Claims by or against a Party or its Implementing Agency's Related Entity 

arising out of or relating to the other Party or its Implementing Agency's 

Related Entity's failure to perform its obligations under this Agreement or 

any Implementing Arrangement concluded hereunder. 

(e) Nothing in this Article will be construed to create the basis for a claim or suit 

where none would otherwise exist. 

(f) 	In the event of third-party claims for which the Parties may be liable, the Parties 

will consult promptly to determine an appropriate and equitable apportionment of 

any potential liability and on the defense of any such claims. 

ARTICLE 7: REGISTRATION OF SPACE OBJECTS 

For Implementing Arrangements involving a launch, the Parties will determine which 

Implementing Agency will request that its Government register the space object in 

accordance with the Convention on the Registration ofObjects Launched into Outer Space, 

done on November 12, 1974. Registration pursuant to this Article will not affect the rights 

or obligations of either Party under the Liability Convention. 

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ARTICLE 8: TRANSFER OF GOODS AND TECHNICAL DATA 

For purposes of this Article, the term "Party" also refers to its respective Implementing 

Agencies. 

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

goods necessary to fulfill their respective responsibilities under this Agreement, in 

accordance with the following provisions, notwithstanding any other provisions of this 

Agreement: 

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

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

control. 

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

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

restriction, except as required by paragraph I of this Article. 

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

the following provisions: 

(a) In the event a Party or its Related Entity finds it necessary to transfer such 

goods or data, for which protection is to be maintained, such goods will be 

specifically identified and such data will be marked. 

(b) The identification of such goods and the marking on such data will indicate that 

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

only for the purposes of fulfilling the receiving Party's or Related Entities' 

responsibilities under this Agreement, and that such goods and data will not be 

disclosed or retransferred to any other entity without the prior written 

permission of the furnishing Party. 

(c) 	The receiving Party and its Related Entities will abide by the terms of the notice 

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

(d) The Parties to this Agreement will cause their Related Entities to be bound by 

the provisions of this Article through contractual mechanisms or equivalent 

measures. 

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

receiving Party or Related Entity exclusively for the purposes of the Agreement. Upon 

completion of the activities under the Agreement, the receiving Party or Related Entity 

will return or otherwise dispose of all goods and marked proprietary or exportcontrolled technical data provided under this Agreement, as directed by the furnishing 

Party or Related Entity. 

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ARTICLE 9: INTELLECTUAL PROPERTY RIGHTS 

For purposes of this Article, the term "Party" also refers to its respective Implementing 

Agencies. 

I. 	 Nothing in this Agreement will be construed as granting, either expressly or by 

implication, to the other Party any rights to, or interest in, any inventions or works of a 

Party or its Related Entities made prior to the entry into force of, or outside the scope 

of this Agreement, including any patents (or similar forms of protection in any country) 

corresponding to such inventions or any copyrights corresponding to such works. 

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

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

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

copyright corresponding to such work, will be owned by such Party, or Related Entity. 

Allocation of rights to, or interest in, such invention or work between such Party and its 

Related Entities will be determined by applicable laws, rules, regulations, and 

contractual obligations. 

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

this Agreement. Nevertheless, in the event that an invention is jointly made by the 

Parties jn the performance of this Agreement, the Parties will, in good faith, consult 

and agree within 30 calendar days as to: 

(a) The allocation of rights to, or interest in, such joint invention, including any 

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

joint invention; 

(b) The responsibilities, costs, and actions to be taken to establish and maintain 

patents (or similar forms of protection in any country) for each such joint 

invention; and 

(c) The terms and conditions of any license or other rights to be exchanged 

between the Parties or granted by one Party to the other Party. 

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

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

responsibilities, costs, and actions to be taken to register copyrights and maintain 

copyright protection (in any country). 

5. 	 Subject to the provisions of Article 8 (Transfer of Goods and Technical Data) and 

Article 10 (Release of Results and Public Information), each Party will have an 

irrevocable royalty-free right to reproduce, prepare derivative works, distribute, and 

present publicly, and authorize others to do so on its behalf, any copyrighted work 

resulting from activities undertaken in the performance of this Agreement for its own 

purposes, regardless of whether the work was created solely by, or on behalf of, the 

other Party or jointly with the other Party . 

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ARTICLE 10: RELEASE OF RESULTS AND PUBLIC INFORMATION 

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

under this Agreement. The Parties will coordinate with each other in advance 

concerning releasing to the public information that relates to the other Party's 

responsibilities or performance under this Agreement. 

2. 	 The Parties will make the final results obtained from joint activities available to the 

general scientific community through publication in appropriate journals or by 

presentations at scientific conferences as soon as possible and in a manner consistent 

with good scientific practices. 

3. 	 The Parties will ensure that its Implementing Agencies include provisions for the 

sharing of science data in the Implementing Arrangements. 

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

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

publication or presentation by a Party under this Article without the other Party's prior 

written permission: 

(a) Data furnished by the other Party in accordance with Article 8 (Transfer of 

Goods and Technical Data) of this Agreement that is export-controlled or 

proprietary; or 

(b) Information about an invention of the other Party before a patent application 

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

ARTICLE 11: EXCHANGE OF PERSONNEL AND ACCESS TO FACILITIES 

I. 	 To facilitate implementation of the activities conducted under this Agreement, the 

Parties may support the exchange of a limited number of personnel, including 

contractors and subcontractors from each Party, at an appropriate time and under 

conditions mutually agreed between the Parties. 

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

Information Technology (IT) systems or applications, is contingent upon compliance 

with each other's respective security and safety policies and guidelines including, but 

not limited to: standards on badging, credentials, and facility and IT system 

application/access. 

ARTICLE 12: CUSTOMS CLEARANCE AND MOVEMENT OF GOODS 

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

clearance and waiver of all applicable customs duties and taxes for the implementation 

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

11 
nonetheless levied on such equipment and related goods, such customs duties or taxes 

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

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

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

Agreement. 

ARTICLE 13: OVERFLIGHT 

Each Party will facilitate, upon request from the other Party, the provision of aircraft and 

balloon overflight clearances, as necessary. 

ARTICLE 14: CONSULTATION AND DISPUTE RESOLUTION 

1. 	 The Parties will encourage their Implementing Agencies to consult, as appropriate, to 

review the implementation of activities undertaken pursuant to this Agreement, and to 

exchange views on potential areas of future cooperation. 

2. 	 Ii1 the event questions arise regarding the implementation of activities under this 

Agreement or regarding the interpretation or application of this Agreement, the 

Implementing Agencies will endeavor to resolve the questions. 

3. 	 Ifresolution is not reached by the Implementing Agencies, the questions will be 

resolved by means of consultations between the Parties. 

ARTICLE 15: AMENDMENTS 

This Agreement may be amended at any time by written agreement of the Parties. 

ARTICLE 16: EFFECT ON OTHER AGREEMENTS 

This Agreement will not prejudice or otherwise affect existing agreements between the 

Parties, or the ability of the Parties to conclude other agreements or arrangements 

regarding matters within or outside the scope of this Agreement. This Agreement will be 

without prejudice to cooperation of either Party or its Implementing Agencies with other 

states and international organizations. 

ARTICLE 17: CONTINUING OBLIGATIONS 

Termination or expiration of this Agreement or any Implementing Arrangements 

concluded hereunder, will not affect a Party's continuing obligations under Article 6 

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(Liability and Risk of Loss - Cross Waiver), Article 8 (Transfer of Goods and Technical 

Data), and Article 9 (Intellectual Property Rights), unless otherwise agreed. 

ARTICLE 18: ENTRY INTO FORCE AND DURATION 

1. 	 This Agreement will enter into force on the date of the last note of an exchange of 

diplomatic notes in which the Parties notify each other of the completion of their 

internal procedures necessary for the entry into force of this Agreement. 

2. 	 This Agreement will remain in force for ten (I 0) years unless extended by written 

agreement of the Parties or terminated in accordance with the provisions of Article 19 

(Termination). 

ARTICLE 19: TERMINATION 

I. 	 Either Party may terminate this Agreement at any time by giving the other Party at 

least six (6) months' written notice of its intent to terminate. In the event of 

termination, the Parties will endeavor to minimize any negative impact of such 

termination on the other Party. 

2. 	 Notwithstanding the termination or expiration ofthis Agreement, its provisions will 

continue to apply to cooperation under any Implementing Arrangements in effect at the 

time of termination or expiration, for the duration of such Implementing Arrangements. 

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

respective Governments, have signed this Agreement. 

Done at Washington, in the English language, this nineteenth day of March, 2013. 

FOR THE GOVERNMENT OF THE FOR THE GOVERNMENT OF THE 

UNITED STATES OF AMERICA: ITALIAN REPUBLIC: 

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