TREATIES AND OTHER INTERNATIONAL ACTS SERIES 06-223 

________________________________________________________________________ 

SCIENTIFIC COOPERATION 

Earth Sciences 

 Memorandum of Understanding between 

the UNITED STATES OF AMERICA 

and KIRIBATI 

Signed at Suva February 23, 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.” 
KIRIBATI 

Scientific Cooperation: Earth Sciences 

Memorandum of understanding signed at Suva February 23, 2006; 

 Entered into force February 23, 2006. 

 With annexes. 
KR-01.0000

MEMORANDUM OF UNDERSTANDING

BETWEEN

THE U.S. GEOLOGICAL SURVEY

OF THE

DEPARTMENT OF THE INTERIOR

OF THE

UNITED STATES OF AMERICA

AND THE

MINISTRY OF COMMUNICATIONS, TRANSPORT,

AND TOURISM DEVELOPMENT

OF THE

REPUBLIC OF KIRIBATI

CONCERNING

SCIENTIFIC AND TECHNICAL COOPERATION

IN THE EARTH SCIENCES ON

GLOBAL SEISMIC DATA ACQUISITION

ARTICLE I. PURPOSE

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

America (hereinafter "USGS") and the Ministry of Communications, Transport, and Tourism

Development of the Republic of Kiribati (hereinafter "MCTTD") hereby agree to pursue

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

of Understanding (hereinafter "Memorandum").

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

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

of professional geoscientists in areas of earth-science investigations, including hazards, resources

and the environment.

3. Specifically, the USGS and the MCTTD (hereinafter "Party" or "Parties") hereby agree

to cooperate in the installation and operation of seismological equipment, communications

infrastructure, and the exchange of seismological data and related scientific results.

ARTICLE II. BACKGROUND

1. To better understand and mitigate the effects of earthquakes and tsunamis, both Parties

recognize the usefulness of the exchange of seismological data in the accurate reporting of

earthquake occurrences,. in the assessments of earthquake hazards, in general seismological

research, and in other applications.
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2. The USGS is participating in the development of a new Global Seismograph

Network (GSN) that makes use of modern seismological equipment and establishes procedures

for the international exchange of seismological data. This effort is carried out in the United

States in cooperation with the Incorporated Research Institutions for Seismology (IRIS)

supported by the United States National Science Foundation (hereinafter "NSF"), and with the

cooperation of seismological facilities and institutions worldwide. Data from USGS and IRIS

networks are shared in real time with the National Oceanic and Atmospheric Administration

(NOAA) Pacific Tsunami Warning Center (PTWC) through cooperative agreements in data .

communications and shared infrastructure. The GSN activities of IRIS and the USGS are also

coordinated with the International Federation of Digital Seismograph Networks (FDSN).

ARTICLE III. SCOPE AND OBJECTIVES

1. The general scope of this Memorandum is cooperation between the Parties in the

exchange of seismological data, information, and scientific results. Initially, this Memorandum

covers three seismograph stations, but other stations may be added in the future, if mutually

agreed.

2. Specific Objectives of this Cooperation:

A. The installation, operation, and maintenance of GSN equipment at suitable sites on

Kiritimati, Tarawa (Betio), and Kanton islands;

B. The establishment and implementation of real-time data exchange procedures

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between these sites and the USGS GSN Data Collection Center, through the PTWC; and

C. The installation, operation, and maintenance of very small aperture terminals (VSAT)

for communication of seismic data, with parallel voice and Internet capability, on Tarawa,

Kanton, and Kiritimati.

ARTICLE IV. IMPLEMENTATION, RESPONSIBILITIES, AND

OTHER CONSIDERATIONS 

1. The implementing body on behalf of the USGS shall be the Albuquerque

Seismological Laboratory (hereinafter "ASL"). The implementing body on behalf of Kiribati

will be the Meteorology Division of MCTTD (hereinafter "Met. Div.").

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2. Responsibilities of the USGS/ASL:

A. To provide to the Met. Div., equipment for three modern, digital seismograph stations

designated as IRIS Type II and the same as that installed or being installed at more than 100

GSN sites worldwide;

B. To provide all equipment for satellite communications links between the two seismic

stations on Kanton and Tarawa, and the PTWC in Honolulu, Hawaii, including RJ8 and RJ11

interfaces and one telephone at each site; and to provide all equipment for a satellite

communications link (seismic data only) between the seismic station on Kiritimati and the

PTWC;

C. To provide all new or repaired parts necessary to keep the stations and their

communications systems in operating condition. Because this maintenance requires exchanging

new or repaired modules for old ones, title to all components will remain with the NSF until

termination of this project. All items imported for the project will be removed from Kiribati

when no longer needed, unless some agency of the Government of Kiribati specifically requests

that they be donated to some responsible grellz-.;;.

D. To install the IRIS Type II equipment, with participation of representatives of the

Met. Div., at sites on Kiritimati, Tarawa, and Kanton islands, mutually agreed to by both Parties;

E. To provide on-site training in the operation and maintenance of the equipment for up

to three persons designated by the Met. Div. at each site;

F. To provide all operating supplies for the equipment, including: digital recording

media, recording paper, mailing cartons and labels, and operational forms; and to pay for

electricity consumed at the prevailing electric utility rates;

G. To send qualified USGS personnel or representatives to the sites for routine

maintenance and calibration visits, in collaboration with competent representatives of the

Met. Div.;

H. To provide access to the data from the sites for use by local seismologists;

I. To provide to the Met. Div. access to data from GSN and other sites worldwide

through routine procedures established by the FDSN; and

J. To provide opportunities for building capacity within the Kiribati Government

through exchanges of technical information, visits, participation in training courses, conferences

and symposia, and the exchange of professional geoscientists in areas of earth-science

investigations, including hazards, resources and the environment.

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3. Responsibilities of the MCTTD/Met. Div.:

A. To obtain any necessary permits for the USGS to prepare instrumentation vaults or

boreholes for the seismic sensors at the sites;

B. To help the USGS find contractors to do the required work at the sites;

C. To help the USGS obtain any other permits as may be required, e.g. licenses for

satellite communications and telemetry of data between the seismic stations and the PTWC;

D. To help the USGS find facilities for the suitable installation and operation of the GSN

recording equipment at the sites, mutually agreed to by the Parties, including electrical power

and an operating environment that is dry and has means of temperature control;

E. To secure the customs- and duty-free importation of station equipment and supplies,

within the laws of Kiribati;

F. To provide qualified personnel for the operation and maintenance of the equipment;

G. To routinely send through established procedures original, unmodified digital

recording media containing data from the provided equipment;

H. To assist the USGS to obtain any permits or licenses required by the Republic of

Kiribati for the operation of local telemetry and satellite communications of data and telephone

calls between the seismic stations and the PTWC;

I. To provide any additional telephone equipment for its own use;

J. To purchase telephone and Internet services for its own use, including installation and

monthly local and long distance service, as it may desire.

4. Other Considerations:

A. The Met. Div. and local researchers are free to use data recorded by the seismic

equipment for their own purposes; the USGS will assist in this usage to the extent possible.

Information produced at these sites will be fully and freely available in real time without

restrictions.

B. The USGS National Earthquake Information Center shall endeavor to establish

communication with the Met. Div. and to exchange data on large earthquakes worldwide soon

after they occur.

5. Force Majeure: If any Party to this Memorandum or if any of the implementing bodies is

rendered unable, because of force majeure, to perform its responsibilities under Article IV of this

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Memorandum, the responsibilities will be suspended during the period of the continuance of

such inability. The term "force majeure" means civil war, civil disturbances, natural disasters,

strikes, and other similar events not caused by or within the control of the United States

Government (or any of its agencies) or the Kiribati Government (or any of its agencies). In the

event of suspension of duties because of force majeure, the USGS and the MCTTD will consult

and endeavor jointly to resolve any attendant difficulties, including the possibility of either

completing or terminating the project.

6. Applicable Laws and Jurisdiction: The cooperation covered under this Memorandum is

subject to the applicable laws and regulations of the Governments of each Party.

ARTICLE V. FEE AND TAX EXEMPTION

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

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

fees for specific services rendered) levied with respect to:

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

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

2. 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.

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

implementing provisions of this Memorandum.

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

on suchactivities, facilities, property, equipment and related goods or services, such taxes, fees

and customs duties shall be borne by the levying Party.

ARTICLE VI. INTELLECTUAL PROPERTY AND SECURITY OBLIGATIONS

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 of this

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

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•

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

applications 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 with the other representative 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

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. AVAILABILITY OF RESOURCES, ENTRY INTO FORCE,

AND TERMINATION

1. Activities under this Memorandum are subject to the availability of personnel and

appropriated funds.

2. This Memorandum shall enter into force upon signature by both Parties and shall remain

in force until terminated by either Party ninety (90) days prior written notice to terminate 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 have been initiated prior to such

termination.

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Done at Suva, Fiji, in duplicate, in the English language.

FOR THE U.S. GEOLOGICAL SURVEY FOR THE MINISTRY OF

OF THE DEPARTMENT OF THE INTERIOR COMMUNICATIONS, TRANSPORT,

OF THE UNITED STATES OF AMERICA: AND TOURISM DEVELOPMENT

OF THE REPUBLIC OF KIRIBATI:

Larry M. Dinger

Name

Reteta Nikuata-Rimon

Name

United States Ambassador to the Republic of Kiribati High Commissioner to the Republic 

Kiribati of the Fiji Islands 

Title Title

Thursday, February 23, 2006 Thursday, February 23, 2006

Date Date

7
2000 IPR

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 Agreement. 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.

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B. Rights to all forms of intellectual property, other than those rights described in paragraph

IIIA 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) 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 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

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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 Information

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

national defense or foreign relations of either party 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 undertaken pursuant to this Memorandum, it shall be

brought immediately to the attention of the appropriate officials and the Parties shall consult

concerning the need for and level of appropriate protection to be accorded such information or

equipment.

II. Technology Transfer

The transfer of export-controlled information or equipment between the Parties shall be in

accordance with the relevant laws and regulations of each Party to prevent the unauthorized

transfer or retransfer of such information or equipment provided or produced under this

Memorandum. 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.

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