________________________________________________________________________ 

 

 

 

 

 

TREATIES AND OTHER INTERNATIONAL ACTS SERIES 16-331
 

SCIENTIFIC AND TECHNOLOGICAL COOPERATION 

Agreement between the 

UNITED STATES OF AMERICA 

and OMAN 

Signed at Davos, Switzerland January 22, 2016 

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.” 
 

 

 

 

 

 

 

OMAN 

Scientific and Technological Cooperation 

Agreement signed at Davos, Switzerland 

January 22, 2016;
 

Entered into force March 31, 2016.
 

With annexes.
 
AGREEMENT BETWEEN THE 


GOVERNMENT OF THE UNITED STATES OF AMERICA 


AND THE GOVERNME:NT OF THE SULTANATE OF OM~1\J 

ON SCIENCE AND TECHNOLOGY COOPERATION 


The Government ofthe United States ofAmerica and the Government ofthe 

Sultanate ofOman, hereinafter referred to as the "Parties." 

Realizing that international cooperation in science and technology will strengthen 

the bonds offriendship and understanding between their peoples and :will advance the 

state ofscience and technology of both countries, as well as mankind; 

Intending to strengthen their economic cooperation through specific and advanced 

technology applications; 

Recognizing the value ofopen data for scientific and technological cooperation and 

evidence-based decision-making; 

Committing to make every effort to create inclusive scientific communities that 

include broad participation; and 

Wishing to establish dynamic and effective international cooperation benveen 

scientific organizations and individual scientists in the two countries; 

Have agreed as follows: 

ARTICLE I 

Under this Agreement and subject to the laws and regulations of both countries, the 

two Parties intend to strengthen scientific and technological capabilities of the Parties, 

broaden and expand relations between the extensive scientific and technological 

communities of both countries, promote scientific and technological cooperation in areas 

ofmutual benefit for peaceful purposes, and provide opportunities to exchange ideac;, 

information, skills, and techniques. 
ARTICLE II 


The cooperation between the Parties in the fields of science and technology can be 

conducted through: 

1. 	 exchanges of scientific and technical information, 

2. 	 mutual visits of scientists and technical experts, 

3. 	 the convening of joint seminars and meetings, the training of scientists and 

technical experts, and the conduct ofjoint research projects, 

4. 	 educational exchanges related to science and technology, such as the 

Fulbright Program and International Leadership Visitor Program. 

5. 	 preparing executive and cooperative programs for this Agreement, and other 

forms of scientific and technological cooperation as may be mutually agreed 

upon. 

ARTICLE III 

Priority will be given to collaborations which can advance common goals in the 

fields of technological and scientific research and support partnerships between public 

and private research institutions in all aspects of science, engineering, and technology. 

ARTICLE IV 

l. 	 The Parties shall encourage the development of direct contacts and 

instruments of cooperation in the fields of technological and . scientific 

research between government agencies, universities, research centers, 

institutions, private sector companies and other entities of the two countries. 

2. 	 This Agreement is without prejudice to other agreements and arrangements 

between the Parties. 

ARTICLE V 

Cooperative activities under this Agreement shall be conducted in accordance with 

the laws, regulations. and procedures in both countries and shall be subject to the 

availability of resources and personnel. This Agreement does not constitute any 

obligation of funds by either Party. 

2 

ARTICLE VI 

Scientists, technical experts, government agencies and institutions of other countries 

or international organizations may, in appropriate cases, be invited by agreement of the 

Parties to participate at their own expense, unless otherwise agreed, in projects and 

programs being carried out under this Agreement. 

ARTICLE VII 

1. 	 The Panics agree to consult periodically, at the agreement of the panics. 

concerning the implementation of this Agreement and the development of 

their cooperation in science and technology. 

2. 	 The Executive Agent for the United States shall be the Department of State; 

and for the Sultanate of Oman, the Ministry of Foreign Affairs. The 

Executive Agents shall conduct administrative affairs and, as appropriate, 

provide oversight, guidance, and coordination of all activities under this 

· Agreement. 

3. 	 The Executive Agents may hold consultations on science and technology 

policy and othenvise work to increase mutual understanding, identify and 

recommend areas of common interest, propose ways to enhance engagement, 

and periodically review cooperative activities. 

ARTICLE VIII 

1. 	 Scientific and technological information of a non-proprietary nature 

resuiting from cooperative activities under this Agreement, may be made 

available, unless otherwise agreed, to the world scientific community 

through customary channels and in accordance with normal procedures of 

the panicipating agencies and entities. 

2. 	 Without prejudice to laws, regulations, and procedures ofthe Party on whose 

territory the cooperative activities are taking place, Annexes I and II, which 

are attached to and constitute integral pans of this Agreement, shall govern 

the follo\ving: 

a) 	 Annex I governs the treatment of intellectual property created or 

furnished in the course of cooperative activities under this 

Agreement, which shall apply to all activities conducted under the 

auspices ofthis Agreement unless agreed otherwise by the Parties or 

their designees in writing. 

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b) 	 Annex II governs the treatment of security arrangements for sensitive 

information or equipment and unclassified export-controlled 

information or equipment transferred under this Agreement, which 

shall apply to all activities conducted under the auspices of this 

Agreement unless agreed otherwise by the Parties or their designees 

in writing. 

ARTICLE IX 

1. Each Party shall facilitate, in accordance with its laws and regulations, entry 

into and exit from its territory of appropriate personnel and equipment ofthe 

other Party, engaged in or used in projects and programs under this 

Agreement. 

2. 	 Each Party shall facilitate, in accordance with its laws and regulations, 

prompt and efficient access of persons of the other Party, participating in 

cooperative activities under this Agreement, to its relevant geographic areas, 

institutions, data, materials, and individual scientists, specialists and 

researchers as needed to carry out those activities. 

3. Commodities acquired 	or imported into Oman as a result of collaboration 

under this Agreement shall be exempt from taxation, including value-added 

ta.xes (VA 1) and customs duties. Commodities include any material, article, 

supply, goods, or equipment. 

ARTICLEX 

With written mutual consent, the Parties may amend this Agreement in the form 

of separate protocols. 

ARTICLE XI 

L 	 Except as provided in Section II.D. of Annex I, in the event that differences 

arise between the Parties \Vi.th regard to the interpretation or application of 

the provisions of the Agreement, the parties shall resolve them by means of 

negotiations and consultations. 

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ARTICLE XII 


1. 	 This Agreement shall enter into force on the date of the later note in an 

exchange of notes between the Parties indicating that each Party has 

completed its internal procedures for entry into force, and shall remain in 

force for a period of ten (I 0) years. It may be extended for further identical 

periods by written agreement ofthe Parties. 

2. 	 This Agreement may be tem1inated at any time by either Party upon six (6) 

months written notice through diplomatic channels to the other Party. 

Termination of this Agreement shall not affect the implementation of any 

cooperative activity carried out under this Agreement and not completed 

upon termination ofthis Agreement. 

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

respective Governments, have signed this Agreement. 

DONE at Do..vus;SvU)t"Zi(b·u:l in duplicate, this zz,.,c1 day of J'ah UlCU'+---, 

.? o L l4 , in the English and Arabic languages, each text being equally authentic. 

FOR THE GOVERNMENT FOR THE GOVERNMENT 


OF THE UNITED ST A TES OF THE SULTANATE OF OMAN: 


OF AMERICA: 

5 

AN1'~XI 

INTELLECTUAL PROPERTY 

I. GENERAL OBLIGATION 

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

of furnished under this Agreement and relevant implementing arrangements. Rights to 

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 

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

B) 	 For purposes of this Agreemen~ "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 to by the Parties. 

C) 	 Each Party shall ensure, through contracts or other legal means v.ith 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 the Party's laws and practices. 

D) 	 Disputes concerning intellectual property arising under this Agreement 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 \Vriting, the arbitration rules of UNCITRAL shall 

govern. 

E) 	 Termination or expiration of this Agreement 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, monographs, reports, and books directly arising from cooperation 

under this Agreement. All publicly distributed copies of a copyrighted work prepared 

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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 IHA 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 and national applicable 

laws. 

(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 l

property created in the course ofthe cooperative activities. ·1 

(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 I 

' 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 ofthe date of the initiation ofthe 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 the 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 ofprotecting its rights in the invention. Unless 

otherwise agreed in writing, the delay shall not exceed a period of six 

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__________________________________ _ 

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 Agreement, 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 knovrn or 

publicly availabie 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 II 


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 Agreement. In the 

event that information or equipment which is known or believed to require such 

protection is identified by a Party in the course of cooperative activities pursuant to this 

Agreement, it shall be brought immediately to the attention of the appropriate officials of 

the other Party, 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. 

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 the transferring 

Party, including the export control laws of the transferring Party. If either Party deems it 

necessary, detailed provisions for the prevention of unauthorized transfer of retransfer of 

such information or equipment shall be incorporated into the contracts or implementing 

arrangements. Export controlled information and equipment shall be marked to identify it 

as export controlled and identify the restrictions on further use or transfer. 

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