TREATIES AND OTHER INTERNATIONAL ACTS SERIES 06-809 

________________________________________________________________________ 

SCIENTIFIC COOPERATION 

Earth Sciences 

 Memorandum of Understanding between 

the UNITED STATES OF AMERICA 

and GEORGIA 

Signed at Reston July 21 and August 9, 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.” 
 GEORGIA 

 Scientific Cooperation: Earth Sciences 

Memorandum of understanding signed at 

 Reston July 21 and August 9, 2006; 

 Entered into force August 9, 2006. 

 With annexes. 
06 - 240

GG-03.0000

MEMORANDUM OF UNDERSTANDING

BETWEEN THE

UNITED STATES GEOLOGICAL SURVEY

OF THE DEPARTMENT OF THE INTERIOR

OF THE UNITED STATES OF AMERICA

AND THE

GEOLOGICAL INSTITUTE

OF THE GEORGIAN ACADEMY OF SCIENCES

OF THE REPUBLIC OF GEORGIA

CONCERNING

SCIENTIFIC AND TECHNICAL COOPERATION

IN THE EARTH SCIENCES

ARTICLE I.

SCOPE AND OBJECTIVES

I. The United States Geological Survey of the Department of the Interior of the United

States of America (hereinafter "USGS") and the Geological Institute of the Georgian Academy

of Sciences of the Republic of Georgia (hereinafter "GIGAS") hereby agree to pursue scientific

and technical cooperation in the earth sciences in accordance with this Memorandum of

Understanding (hereinafter "Memorandum").

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

scientific and technical knowledge between the USGS and the GIGAS (hereinafter "Party"

or "Parties") in the field of the earth sciences and to increase the scientific and technical

capabilities of both Parties.

3. 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 two countries.

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

laws and regulations, invite other government entities or agencies of the United States and

Georgia, 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.
2

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 cooperation 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. Biology, biological investigations, and technical developments;

C. Geographic and geospatial analysis and investigations;

D. Water resources and other hydrologic investigations; and

E. Information systems.

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

regulations, and procedures of the two countries.

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 IX

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

provisions of this Memorandum.

ARTICLE V.

INTELLECTUAL PROPERTY

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

course of cooperative activities under this Memorandum shall be governed by Annex I, which

forms an integral part of this Memorandum.

ARTICLE VI.

SECURITY OBLIGATIONS 

Provisions for the protection of classified information and unclassified export-controlled

information and equipment are set forth in Annex II, which forms an integral part of this

Memorandum.

AP ARTICLE VII.

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.

ARTICLE VIII.

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 to review the activities under this Memorandum and

develop proposals for future activities, as appropriate.

ARTICLE IX.

PROJECT ANNEXES 

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

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

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

Memorandum, which shall set forth, in terms appropriate to the activity, a work plan, staffing

requirements, cost estimates, funding sources, and other undertakings, obligations, or conditions
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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 X.

ENTRY INTO FORCE AND TERMINATION

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

in force until terminated at any time by either 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 Reston, Virginia, in duplicate, in the English language.

FOR THE UNITED STATES FOR THE GEOLOGICAL INSTITUTE

GEOLOGICAL SURVEY OF THE OF THE GEORGIAN ACADEMY

DEPARTMENT OF THE INTERIOR OF SCIENCES OF THE REPUBLIC OF

OF THE UNITED STATES OF AMERICA: GEORGIA:

Signature

P. Patrick Leahy

Name

Zoe kaldia

Name

Acting Director

Title

Director

Title

8/09796 

The- cetlection is made ky )71 e_

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

2..„0..„. Pat& September 25, 2006

Dee Dee Poole Date

International Program Specialist

Geology, U.S. Geological Survey

Date Date
ANNEX I 

Intellectual Property Rights

I. General Obligation

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

furnished under this Memorandum. 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

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:
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(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 III.(B)(1) 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 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 III.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.

IV. 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.
ANNEX II

SECURITY OBLIGATIONS 

I. Protection of Sensitive Technology

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

national security, defense, or foreign relations and classified in accordance with either Party's

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.

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 Project Annexes. Exportcontrolled information shall be marked to identify it as export-controlled and identify any

restrictions on further use or transfer.