TREATIES AND OTHER INTERNATIONAL ACTS SERIES 06-727 

________________________________________________________________________ 

SCIENTIFIC COOPERATION 

Mineral and Earth Sciences 

 Protocol between 

the UNITED STATES OF AMERICA 

and CHINA 

Signed at Reston and Beijing July 27, 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.” 
CHINA 

Scientific Cooperation: Mineral and Earth Sciences 

Protocol signed at Reston and Beijing July 27, 2006; 

 Entered into force July 27, 2006. 
CH-06.0000

PROTOCOL

BETWEEN

THE U.S. GEOLOGICAL SURVEY

OF THE

DEPARTMENT OF THE INTERIOR

OF THE UNITED STATES OF AMERICA

AND THE

CHINA NONFERROUS METALS INDUSTRY ASSOCIATION

OF THE

PEOPLE'S REPUBLIC OF CHINA

CONCERNING

SCIENTIFIC AND TECHNICAL COOPERATION

IN THE MINERAL AND EARTH SCIENCES

ARTICLE I. SCOPE AND OBJECTIVES

1. The U.S. Geological Survey of the Department of the Interior of the United States of

America (hereinafter referred to as the "USGS") and the China Nonferrous Metals Industry

Association of the People's Republic of China (hereinafter referred to as the "CNIA") hereby

agree to pursue scientific and technical cooperation in the mineral and earth sciences in

accordance with this Protocol.

2. The purpose of this Protocol is to provide a framework for the exchange of scientific

and technical knowledge and the augmentation of scientific and technical capabilities of the

USGS and the CNIA (hereinafter referred to as the "Party" or "Parties") with respect to the

mineral and earth sciences.

3. This Protocol is subject to and governed by the Agreement between the Government

of the United States and the Government of the People's Republic of China on Cooperation in

Science and Technology, signed at Washington on January 31, 1979, as amended and

extended (hereinafter referred to as the "S&T Agreement").

4. The Parties shall encourage and facilitate, where appropriate, the development of

direct contacts and cooperation among government agencies, universities, research centers,

institutions, private sector companies and other entities of the Parties.

5. Each Party may, with the consent of the other Party and to the extent permitted by the

laws and policies of each Party's Government, invite other government entities or agencies

of the United States and China, and other entities, including scientists, technical experts,

governmental agencies and institutions of third countries or international organizations, to

participate in activities undertaken pursuant to this Protocol, subject to such terms and

conditions as the Parties may specify.
2

ARTICLE II. COOPERATIVE ACTIVITIES

I. Forms of cooperation under this Protocol may consist of exchanges of technical

information, visits, and cooperative research consistent with ongoing programs of the Parties.

Specific areas of cooperation may include, but are not limited to, such areas of mutual

interest as:

A. Mineral and energy resources activities;

B. Earth-science investigations-hazards, resources, and environment;

C. Biology and biological investigations and technical developments;

D. Geospatial data applications;

E. Water resources and other hydrologic investigations; and

F. Information systems.

2. Activities under this Protocol shall be undertaken in accordance with the laws,

regulations, and procedures of each Party.

ARTICLE III. AVAILABILITY OF RESOURCES 

Cooperative activities under this Protocol shall be subject to the availability of personnel,

resources, and funds. This Protocol shall not be construed to obligate any particular

expenditure or commitment of resources or personnel. In accordance with Article VIII

below, the Parties shall agree in writing upon specific Project Annexes before the

commencement of each activity pursuant to this Protocol.

ARTICLE IV. FEE AND TAX EXEMPTION

In accordance with its laws and regulations, each Party shall work toward obtaining on

behalf of the other Party relief from taxes, fees, customs duties, and other charges (excluding

fees for specific services rendered) levied with respect to:

A. All transfer, ownership, construction, renovation or maintenance of facilities or

property by or on behalf of the other Party to implement this Protocol.

B. The import, purchase, ownership, use or disposition (including export) of goods and

services by or on behalf of the other Party in support of activities under this Protocol; and

C. Personal property of personnel of the other Party or entities of that Party

implementing provisions of this Protocol.
3

In the event that any such taxes, fees, customs duties, or other charges are nonetheless

levied on such activities, facilities, property, equipment and related goods or services, such

taxes, fees and customs duties shall be borne by the levying Party.

ARTICLE V. INTELLECTUAL PROPERTY AND SECURITY OBLIGATIONS

The protection and distribution of intellectual property created or furnished in the course

of cooperative activities under this Protocol shall be governed by the provisions of Annex I of

the S&T Agreement.

ARTICLE VI. DISCLAIMER

Information transmitted by one Party to the other Party under this Protocol shall be

accurate to the best knowledge and belief of the transmitting Party, but the transmitting Party

does not warrant the suitability of the information transmitted for any particular use or

application by the receiving Party or by any third Party.

ARTICLE VII. PLANNING AND REVIEW OF ACTIVITIES 

Each Party shall designate a principal representative who, at such times as are mutually

agreed upon by the Parties, shall meet with other Party's representative to review the

activities under this Protocol and develop proposals for future activities, as appropriate.

ARTICLE VIII. PROJECT ANNEXES

Any activity carried out under this Protocol shall be agreed upon in advance by the

Parties in writing. Whenever more than the exchange of technical information or visits of

individuals is planned, such activity shall be described in a Project Annex agreed upon by

both Parties to this Protocol, which shall set forth, in terms appropriate to the activity, a work

plan, staffing requirements, cost estimates, funding source, and other undertakings,

obligations, or conditions not included in this Protocol. In case of inconsistency between

the terms of this Protocol and the terms of a Project Annex, the terms of this Protocol shall

control.

ARTICLE IX. ENTRY INTO FORCE AND TERMINATION

This Protocol shall enter into force upon signature by both Parties and remain in force for

ten (10) years. This Protocol may be amended or extended by written agreement of the

Parties. Either Party may terminate this Protocol upon ninety (90) days' written notice,
FOR THE CHINA NONFERROUS

METALS INDUSTRY

ASSOCIATION OF THE PEOPLE'S

REPUBLIC OF C

Signatur

Pan Wenju

Name

Deputy Secretary General

P. Patrick Leahy

Name

Acting Director

Title

July 27, 2006

Date

I certify that this is a true copy

4

through diplomatic channels, to the other Party. Unless otherwise agreed, the termination of

this Protocol shall not affect the validity or duration of projects under this Protocol that are

initiated prior to such termination.

Done at Reston and Beijing, in duplicate, in the English and Chinese languages, each text

being equally authentic.

FOR THE U.S. GEOLOGICAL

SURVEY OF THE DEPARTMENT

OF THE INTERIOR OF THE

UNITED STATES OF AMERICA:

L--e5/

Signature

fl

Dee Dee Poole

International Program Specialists

Geology, U.S. Geodogcal Survey

Title

July 27, 2006

Date

of the original Protocol.

Date
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I certify that this is a true copy of the original Protocol.

Dee Dee Poole Data

International Program Specialists

Geology, U.S. Geological Survey

3