TREATIES AND OTHER INTERNATIONAL ACTS SERIES 06-531 

________________________________________________________________________ 

SCIENTIFIC COOPERATION 

Greenland 

 Memorandum of Understanding between 

the UNITED STATES OF AMERICA 

and DENMARK 

Signed at Copenhagen May 31, 2006 

 

 with 

 

Annexes 
 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.” 
DENMARK 

Scientific Cooperation: Greenland 

Memorandum of understanding signed at 

 Copenhagen May 31, 2006; 

 Entered into force May 31, 2006. 

 With annexes. 
06- 198

MEMORANDUM OF UNDERSTANDING

CONCERNING SCIENTIFIC AND TECHNICAL COOPERATION

IN THE EARTH SCIENCES AS RELATED TO GREENLAND

BETWEEN

THE U.S. GEOLOGICAL SURVEY OF

THE DEPARTMENT OF THE INTERIOR OF

THE UNITED STATES OF AMERICA

AND

THE GEOLOGICAL SURVEY OF DENMARK AND GREENLAND OF

THE MINISTRY OF THE ENVIRONMENT

OF DENMARK

AND

THE BUREAU OF MINERALS AND PETROLEUM OF THE

HOME RULE GOVERNMENT OF GREENLAND

Preamble

WHEREAS the Government of the United States of America and the Government of the Kingdom

of Denmark, including the Home Rule Government of Greenland, have made a Joint Declaration on

Economic and Technical Cooperation and Cooperation on the Environment in Greenland including

programs in the field of science, and

WHEREAS the U.S. Geological Survey and the Geological Survey of Denmark and Greenland have

had past cooperation on common scientific matters, and desire to formalize and extend this

cooperation to include the Bureau of Minerals and Petroleum of the Home Rule Government of

Greenland,

NOW, THEREFORE, the U.S. Geological Survey of the Department of the Interior of the United

States of America (hereinafter "USGS"), on the one hand, and the Geological Survey of Denmark

and Greenland of the Ministry of the Environment of Denmark (hereinafter "GEUS") and the

Bureau of Minerals and Petroleum of the Home Rule Government of Greenland (hereinafter

"BMP"), on the other hand, hereby agree to pursue scientific and technical cooperation in the earth

sciences in accordance with this Memorandum of Understanding (hereinafter "Memorandum").

ARTICLE I. SCOPE AND OBJECTIVES

1. The purpose of this Memorandum is to provide a framework for the exchange of scientific

and technical knowledge and the augmentation of scientific and technical capabilities between the
USGS, on the one hand, and the GEUS and BMP, on the other hand, with respect to the earth

sciences as applied to the investigation of topics of particular relevance to Greenland, and in

accordance with the "Joint Declaration on Economic and Technical Cooperation," signed

August 6, 2004, the "Joint Declaration on Cooperation on the Environment in Greenland," signed

August 6, 2004, (Joint Declarations) and the associated "Fact Sheet", attached as Annex I.

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

contacts and cooperation between the Parties and other government agencies, universities, research

centers, institutions, and private sector companies and other entities of the United States and

Denmark, including the Home Rule Government of Greenland.

3. Either Party may, with the consent of the other Party and to the extent permitted by laws

and policies of each Party's government, invite other government entities or agencies of the United

States and Denmark, including Greenland, 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 Memorandum, subject to such terms and

conditions as the Parties may specify.

ARTICLE II. COOPERATIVE ACTIVITIES

1. Forms of cooperation under this Memorandum may consist of exchanges of technical

information; visits; participation in training courses, conferences and symposia; the exchange of

professional geoscientists in areas of mutual interest; and any other cooperative research consistent

with programs of the Parties. Specific areas of cooperation may include, but are not limited to, such

areas of mutual interest as:

A. Earth-science investigations, including hazards, resources, and the environment;

B. Assessment of mineral and on- and off-shore oil and gas resources;

C. Assessment of activities related to on- and off-shore oil, gas, and mineral resources,

and the environmental impact of such activities;

D. Arctic Ocean and margins geology, seabed morphology, and energy resources;

E. Water resources and glaciology;

F. Information systems, including geographic and geospatial analysis and investigations;

and

G. Collaboration on field logistics.

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

regulations, and procedures of each country. Activities undertaken within the territory of one of the

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countries shall also be undertaken in accordance with the laws, regulations and procedures of that

country.

ARTICLE III. AVAILABILITY OF RESOURCES

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

resources, and funds. This Memorandum 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 any

activity pursuant to this Memorandum.

ARTICLE IV. FEE AND TAX EXEMPTION

In accordance with its laws and regulations, each Party shall assist 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 Memorandum.

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 Memorandum; and

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

provisions of this Memorandum.

ARTICLE V. INTELLECTUAL PROPERTY AND SECURITY OBLIGATIONS

Provisions for the protection and allocation of intellectual property rights created or furnished in

the course of cooperative activities under this Memorandum are set forth in Annex II of this

Memorandum. Provisions for the protection of classified information and unclassified exportcontrolled information and equipment are set forth in Annex In of this Memorandum. Annexes II

and III constitute integral parts of this Memorandum.

ARTICLE VL DISCLAIMER

Information transmitted by one Party to the other Party under this Memorandum 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.

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.1.K. 4.1"

• II S C • 1 

.S. Ambassador

ARTICLE VII. PLANNING AND REVIEW OF ACTIVITIES

Each Party shall designate a Principal Representative to supervise activities under this

Memorandum. The Principal Representatives shall, at least annually, consult by any mutually

agreeable means to review the progress, problems, and effectiveness of activities under this

Memorandum, and to develop proposals for future activities, as appropriate.

ARTICLE VIII. PROJECT ANNEXES

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

in writing. Whenever activities beyond the exchange of technical information or visits by

individuals are contemplated, such activity shall be described in an agreed Project Annex to this

Memorandum, which shall set forth, in terms appropriate to the activity and products arising from

such activity, a work plan, staffing requirements, cost estimates, funding sources, and other

undertakings, obligations, or conditions not included in this Memorandum. In case of any

inconsistency between the terms of this Memorandum and the terms of a Project Annex, the terms

of this Memorandum shall control.

ARTICLE IX. ENTRY INTO FORCE AND TERMINATION

This Memorandum shall enter into force upon the signature of the Parties and remains in force

until terminated at any time by any Party upon ninety (90) days prior written notice to the other

Party. Unless otherwise agreed, the termination of this Memorandum shall not affect the validity or

duration of projects under this Memorandum that are initiated prior to such termination.

DONE at Copenhagen, Denmark, in triplicate, in the English language on the 31st of May 2006.

FOR THE U.S.

GEOLOGICAL SURVEY

OF THE DEPARTMENT

OF THE INTERIOR OF

THE UNITED STATES OF

AMERICA:

FOR THE

GEOLOGICAL SURVEY

OF DENMARK AND

GREENLAND OF THE

MINISTRY OF THE

ENVIRONMENT OF

DE K:

/ • /

Are 1 •

/

FOR THE BUREAU OF

MINERALS AND

PETROLEUM OF THE

HOME RULE

GOVERNMENT OF

GREENLAND:

/e/

1:aj IC1 st

Executive Deputy Minister

4
ANNEX I

Joint Declaration

by

The Government of the United States of America

and

The Government of the Kingdom of Denmark,

including the Home Rule Government of Greenland,

on

Economic and Technical Cooperation

Meeting in Igaliku on August 6, 2004, Colin L. Powell, Secretary of State of the United States of

America, Per Stig Moller, Foreign Minister of the Kingdom of Denmark and Josef Motzfeldt,

Deputy Premier of the Greenland Home Rule Government

declared:

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

Denmark, including the Home Rule Government of Greenland ("the partners"), attach importance to

the existing traditional ties between the people of the United States of America and of Greenland.

These ties are based on the democratic and freedom-loving values we share, our common

commitment to international peace and security, as well as the cultural and geographical solidarity

of the peoples of the Arctic region;

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

Denmark, including the Home Rule Government of Greenland, wish to strengthen good neighbourly

relations and friendship, as well as reinforce close and lasting relations,

- To that end the partners have decided to strengthen cooperation between the United States and

Greenland.

Paragraph 1

To help realize mutual benefits for our citizens, broad economic and technical cooperation shall

be established between the United States of America and Greenland, including cooperation on, inter

alia, research, technology and energy cooperation, environmental issues, education, development,

tourism, air traffic planning and trade.

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Paragraph 2

1. To promote and coordinate the wide spectrum of activities foreseen within this enhanced

economic and technical cooperation a Joint Committee shall be established to cooperate on all

issues of mutual interest within this broad framework.

2. The Joint Committee will:

-constitute a forum for formal and informal exchange of information and regular

coordination and consultation on economic and technical issues of mutual interest,

-coordinate and monitor existing national programs, projects and other activities with a view

toward their full implementation,

-identify and consider proposals for and agree, subject to funding approval, new or enhanced

joint cooperation projects and programs,

-examine other questions arising within this framework.

3. Joint projects and programs will be implemented through joint contributions. Financial

support is envisaged to be one form of contribution but also technical and expert assistance, know

how, referral to appropriate loan and investment guarantee institutions, in-kind contributions etc.

will be considered as contributions to joint projects, as appropriate. Contributions will be subject to

the availability of funds in accordance with national laws and procedures.

Paragraph 3

The Joint Committee, consisting of representatives of the United States Government and

representatives from the Danish Government, including the Greenland Home Rule Government,

shall meet at least annually. In addition the committee will convene at other times as required in

expert configurations according to substance matter. The Chair will alternate between the partners

annually.

Paragraph 4

In their endeavours to promote this enhanced economic and technical cooperation the

Government of the United States of America and the Government of the Kingdom of Denmark,

including the Home Rule Government of Greenland, will use their best efforts to find timely

common solutions to any issues that may arise within the framework of this declaration.

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Issued this day, August 6, 2004, in Igaliku.

For the Government of the For the Government of

Kingdom of Denmark, including The United States of America

the Greenland Home Rule Government

/s/ /s/

Per Stig Moller Colin L. Powell

Is/

Josef Motzfeldt

For the Home Rule Government

of Greenland

7
Joint Declaration

By

The Government of the United States of America

And

The Government of the Kingdom of Denmark,

including the Home Rule Government of Greenland,

on

Cooperation on the Environment in Greenland

Meeting in Igaliku on August 6, 2004, Colin L. Powell, Secretary of State of the United States of

America, Per Stig Moller, Foreign Minister of the Kingdom of Denmark and Josef Motzfeldt,

Deputy Premier of the Greenland Home Rule Government

declared:

1. The Government of the United States of America and the Government of the Kingdom of

Denmark, including the Home Rule Government of Greenland ("the partners"), recognize the

importance of protecting and improving the environment in Greenland. Acknowledging the

vulnerability of the arctic environment, the partners undertake to cooperate with regard to:

-prevention and combating of pollution dangerous to human health,

-prevention and combating of other pollution of air, water, ice, and earth,

-protection of nature, its wild animals, plants, and their habitats,

-protection of the landscape and areas of historical and scientific value.

2. The partners will address environmental issues cooperatively through appropriate channels.

The partners further intend to establish an Environmental Subcommittee of the Permanent

Committee established pursuant to the 1991 Memorandum of Understanding. This Subcommittee

will meet regularly to identify and address environmental issues and recommend relevant

countermeasures to risks that may be posed by environmental contamination affecting the Thule

Defense Area and the areas adjacent to the Defense Area. The common goals are to protect the

environment and to prevent detrimental effects from any activities to the health and safety of

residents of Greenland, as well as of the military and civilian personnel associated with the U.S.

armed forces in Greenland.

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3. The partners recognize that U.S. armed forces in the Thule Defense Area respect Greenland

Home Rule environmental standards. This is demonstrated in the Final Governing Standards

applying at the Thule Defense Area, which the U.S. Government updates periodically to reflect the

more protective of the U.S. or Greenlandic environmental standards. To assist in the process of

updating the Final Governing Standards, the partners will exchange information and consult as

appropriate regarding these standards.

4. Representatives of the Government of the Kingdom of Denmark, including the Home Rule

Government of Greenland, will have access, consistent with the military mission, security and

relevant safety considerations, to the Thule Defense Area to acquaint themselves with

environmental conditions there. This access will be facilitated through the Thule base commander.

With due regard for security classifications and consistent with their respective applicable laws and

regulations, the partners will cooperate fully to exchange relevant and available information

pertaining to environmental matters.

5. In light of the principles underlying the environmental cooperation established herein, the

partners acknowledge that environmental considerations will be a natural element of consultations

related to any realignment of the Defense Area.

Issued this day, August 6, 2004, in Igaliku.

For the Government of the Kingdom of Denmark, For the Government of

Including the Home Rule Government the United States of America

of Greenland

Is/ /s/

Per Stig Moller Colin L. Powell

For the Government of Denmark

/s/

Josef Motzfeldt

For the Home Rule Government

of Greenland

9
Fact Sheet

Enhancing Cooperation between the United States and Greenland

Economic, Technical and Environmental Cooperation

Under the joint declarations on Economic and Technical Cooperation and on Cooperation on the

Environment in Greenland the Governments of the United States and Denmark, including the Home

Rule Government of Greenland, have agreed to broaden the relationship between the United States

and Greenland.

The Declaration on Economic and Technical Cooperation creates a Joint Committee that will work

actively and collaboratively to identify and consider proposals and agree, subject to funding

approval, new or enhanced joint cooperation projects and programs in the fields of research,

technology and energy cooperation, environmental issues, education, development, tourism, air

traffic planning and trade. The first meeting of the Joint Committee will take place in the capital of

Greenland, Nuuk, autumn 2004.

In the Declaration on Cooperation on the Environment in Greenland the Governments of the United

States and Denmark, including the Home Rule Government of Greenland, recognize the importance

of protecting the environment in Greenland and will cooperate with regard to the prevention of and

combating pollution, as well as protection of nature and the landscape.

The United States reaffirms that the armed forces in the Thule Defense Area respect Greenland

Home Rule Government environmental standards, as reflected in the Final Governing Standards

applying at the Thule Defense Area, which the U.S. Government updates periodically to reflect the

more protective of the U.S. or Greenlandic environmental standards.

An Environmental Subcommittee is established to meet regularly to identify and address

environmental issues and recommend relevant countermeasures to risks that may be posed by

environmental contamination affecting the Thule Defense Area and the areas adjacent to the

Defense Area.

Some illustrative examples of projects that are planned, subject to the availability of funds in

accordance with national laws and procedures, include the following inside and outside the formal

framework of the declarations:

a) Outside the formal framework of economic/technical and environmental cooperation

The operations and maintenance contract at Thule Air Base is scheduled to be renewed in

.November 2004. The value is expected to exceed $500 million. The new contract calls

for encouraging the contractor to use the local Greenlandic workforce to the maximum

extent possible, and for programs to improve the skills and qualifications of the

Greenlandic labor force at the base.

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In December 2003, the U.S. Air Force awarded a five-year contract valued at $17.5

million to Air Greenland to transport cargo and personnel to Thule Air Base.

The United States plans to modernize and improve facilities at Thule Air Base. For

example, the Fiscal Year 2005 budget submitted to the U.S. Congress requested $21

million for construction at the base. Other projects are planned at the base over the next

five years. As with the operations and maintenance contract, the contractor will be

encouraged to use the local Greenlandic workforce to the maximum extent possible for

construction purposes at the base.

b) Within the framework of economic and technical cooperation

1) Programs in the fields of culture and education:

Development and implementation of a virtual consulate.

Opening of an American corner in Nuuk.

Provision of English-language training resources to Nuuk's Teacher Training Institute.

Inclusion of Greenlanders as eligible for relevant U.S. scholarship programs.

2) Programs in the field of science:

Memorandum of Understanding (MOU) between National Science Foundation,

Greenland Home Rule Government and Danish Polar Centre concerning cooperation.

MOU between US Geological Survey, Greenland Home Rule Government and

Geological Survey of Denmark and Greenland (GEUS) concerning cooperation.

Provision of field logistics to scientific projects in Greenland.

3) The Joint Committee on Economic and Technical cooperation initially will explore the

possibilities for short and long term cooperation on:

Telemedicine (e.g. capacity building, and provision of equipment and technical

assistance).

Arctic technology (e.g. capacity building, exchange programs, logistics and provision of

equipment).

Alternative energy (e.g. hydrogen) technology.

c) Within the framework of environmental cooperation.

1) Cooperation projects outside the Thule Defense Area, under the purview of the Joint

Committee.

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Cooperation on site surveys to help elaborate "clean-up" plan(s) outside the Thule

Defense Area. The partners' contributions to such implementation, including clean up,

will be financial or in kind, e.g. logistical support, expertise, data processing, and/or

equipment.

Survey of species in North Star Bay as a part of a broader Environmental Impact

assessment in accordance with AEPS standards.

Capacity building for environmental protection/improvement, including clean-up in

Greenland.

Cooperation on national park management.

Oil/gas and minerals assessments.

Climate change assessments.

2) U.S. projects at the Thule Defense Area, under the purview of the Environmental

Subcommittee

Measures to prevent leakage of toxic material to the recipient, including stabilization of

the coastline at North Star bay (sea walls) and establishment of a drainage system to

protect erosion of land (landfills).

Continued clean up and removal of materials and infrastructure within the Thule Defense

Area.

Development of a framework for regular public presentation of environmental data for

the Thule Defense Area.

Surveys on air emission and waste water (sewage).

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ANNEX H

Intellectual Property Rights

I. General Obligation

The Parties shall ensure adequate and effective protection of intellectual property created or

furnished under this Memorandum and relevant implementing arrangements. 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

Memorandum, except as otherwise specifically agreed by the Parties or their designees.

B. For purposes of this Memorandum, "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 Memorandum, disputes concerning intellectual

property arising under this Memorandum shall be resolved through discussions between the

concerned participating institutions, or, if necessary, the Parties or their designees. 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 Memorandum 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 Memorandum. All publicly

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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

MLA 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) The ownership of any intellectual property created by persons employed or

sponsored by one Party under cooperative activities other than those covered by paragraph IILB(1)

shall be allocated 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, including the

territory in which the cooperative activities have taken place and the resources in that territory that

have lead to the creation of intellectual properties. However, 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 arrangement, each Party shall

have within its territory a right 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 IH.B(2)(a) and (b) above, if either Party believes that a

particular project is likely to lead to or has led to the creation of intellectual property not protected

by the laws of the other Party, the Parties shall immediately hold discussions to determine the

allocation of rights to the intellectual property. If an agreement cannot be reached within three

months of the date of the initiation of the discussions, cooperation on the project in question shall be

terminated at the request of either Party. 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 invention 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.

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N. Business Confidential Information

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

or created under this Memorandum, 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.

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ANNEX III

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 Memorandum. 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 Memorandum, 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 Memorandum to incorporate such measures.

IL 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 project annexes. Export

controlled information shall be marked to identify it as export controlled and identify any

restrictions on further use or transfer.

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