TREATIES AND OTHER INTERNATIONAL ACTS SERIES 13-927

________________________________________________________________________

SPACE COOPERATION

European Space Agency-led

Bepi Colombo Mission

Agreement Between the

UNITED STATES OF AMERICA

and ITALY

Effected by Exchange of Notes at 

Washington August 20 and September 27, 2013

with

Memorandum of Understanding
 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.”
ITALY

Space Cooperation: European Space Agency-led

 Bepi Colombo Mission

 Agreement effected by exchange of notes at 

 Washington August 20 and September 27, 2013;

 Entered into force September 27, 2013.

 With memorandum of understanding.
20 August 2013

Excellency:

I have the honor to refer to the recent discussions between representatives of

the Government of the United States of America and the Government of the Italian

Republic concerning the terms and conditions whereby the National Aeronautics

and Space Administration of the United States of America (NASA) and the Italian

Space Agency (ASI) will undertake cooperation on the European Space Agencyled BepiColombo mission.

On behalf of the Government of the United States of America, I propose that

cooperation between the two Governments on this project shall be in accordance

with the terms and conditions set forth in the enclosed Memorandum of

Understanding, signed June 20, 2013, between NASA and ASI.

His Excellency

Claudio Bisogniero,

Ambassador of Italy.

DIPLOMATIC NOTE
- 2 -

If the foregoing proposal is acceptable to the Government of the Italian

Republic, I further propose that this note, including the enclosed Memorandum of

Understanding, and your affirmative reply shall constitute an agreement between

the two Governments which shall enter into force on the date of your reply and

shall remain in force until the expiration or termination of the Memorandum of

Understanding, in accordance with the terms thereof.

Accept, Excellency, the renewed assurances of my highest consideration.

For the Secretary of State:

Enclosure:

As stated.
The Embassy of Italy avails itself of the opportunity to renew to the U.S. Department

of State the assurances of its highest consideration.

Washington, DC S E P 2 ? fl 13

U.S. Department of State

Washington, DC 20520

Em 6assy of Italy

Washington, D. C 20008

NOTE VERBALE tRAshttc#3‘

The Embassy of Italy presents its compliments to the U.S. Department of State and

has the honour to refer to the note from the U.S. Government dated August 20th, 2013

concerning the terms and conditions whereby the National Aeronautics and Space

Administration (NASA) and the Italian Space Agency (ASI) will undertake cooperation on

the European Space Agency-led Bepi Colombo Mission.

The note is quoted as follows:

"I have the honor to refer to the recent discussions between representatives of the

Government of the United States of America and the Government of the Italian Republic

concerning the terms and conditions whereby the National Aeronautics and Space

Administration (NASA) and the Italian Space Agency (ASI) will undertake cooperation on

the European Space Agency-led Bepi Colombo Mission.

On behalf of the Government of the United States of America, I propose that the

cooperation between the two Governments on this project shall be in accordance with the

terms and conditions set forth in the Memorandum of Understanding, signed June 20th, 2013

between NASA and ASI.

If the foregoing proposal is acceptable to the Government of the Italian Republic, I

further propose that this note, including the enclosed Memorandum of Understanding, and

Your Excellency's affirmative reply shall constitute an agreement between the two

Governments which shall enter into force on the date of Your Excellency's reply, and shall

remain in force until the expiration or termination of the Memorandum of Understandings, in

accordance with the terms thereof."

On behalf of the Government of the Italian Republic, the Embassy of Italy agrees that

this Note, together with the note from the U.S. Government dated August 20th, 2013, shall

constitute an agreement and shall be in accordance with the terms and conditions, in

particular Article 18, set forth in the Memorandum of Understanding, signed June 20th, 2013

between NASA and ASI.
MEMORANDUM OF UNDERSTANDING

BETWEEN THE

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

OF THE UNITED STATES OF AMERICA

AND THE

ITALIAN SPACE AGENCY

CONCERNING THE

BEPICOLOMBO MISSION
TABLE OF CONTENTS

PREAMBLE

ARTICLE 1- SCOPE

ARTICLE 2 - THE BEPICOLOMBO MISSION

ARTICLE 3 - DEFINITIONS

ARTICLE 4 - RESPONSIBILITIES

ARTICLE 5 - RIGHTS IN AND DISTRIBUTION OF SCIENTIFIC DATA

ARTICLE 6 - FINANCIAL ARRANGEMENTS

ARTICLE 7 - MANAGEMENT/POINTS OF CONTACT

ARTICLE 8 - LIABILITY AND RISK OF LOSS

ARTICLE 9 - REGISTRATION OF SPACE OBJECTS

ARTICLE 10 - TRANSFER OF GOODS AND TECHNICAL DATA

ARTICLE 11- INTELLECTUAL PROPERTY RIGHTS

ARTICLE 12 - RELEASE OF RESULTS AND PUBLIC INFORMATION

ARTICLE 13 - EXCHANGE OF PERSONNEL AND ACCESS TO FACILITIES

ARTICLE 14 - CUSTOMS CLEARANCE AND MOVEMENT OF GOODS

ARTICLE 15 - OWNERSHIP OF EQUIPMENT

ARTICLE 16 - CONSULTATION AND DISPUTE RESOLUTION

ARTICLE 17 - INVESTIGATIONS OF MISHAPS AND CLOSE CALLS

ARTICLE 18 - ENTRY INTO FORCE, TERM, AMENDMENTS, TERMINATION, AND

CONTINUING OBLIGATIONS
PREAMBLE

The National Aeronautics and Space Administration of the United States of America

(hereinafter referred to as "NASA"), and

The Italian Space Agency (hereinafter referred to as "ASr'),

Collectively hereinafter referred to as "the Parties":

CONSIDERING that NASA and ASI have expressed mutual interest in pursuing cooperation

on the European Space Agency (ESA)-led BepiColombo mission to Mercury;

CONSIDERING that a NASA instrument, named the Strofio instrument, is part of the

selected BepiColombo mission;

CONSIDERING that Strofio is part of the Search for Exospheric Refilling and Emitted

Natural Abundances (SERENA) Italian-led instrument suite;

CONSIDERING that ASI has the responsibility to develop and deliver the SERENA

instrument suite to ESA under the terms of the Multilateral Agreement concerning the

provision of the Mercury Planetary Orbiter (MPO) payload for the BepiColombo mission,

signed by ASI, ESA and all the MPO Lead Funding Agencies on May 24, 2007;

CONSIDERING that NASA and ASI have a long history of cooperation in the exploration of

the solar system; and

RECALLING the interim agreement of September 23, 2010, between NASA and ASI for

cooperation on the Strofio instrument on the BepiColombo mission;

HAVE AGREED as follows:

ARTICLE 1— SCOPE

1.1 This Memorandum of Understanding (MOU) defines the responsibilities, as well as the

terms and conditions, by which the cooperation between the Parties will be conducted

within the framework of the ESA-led BepiColombo mission.

1.2 The primary activities addressed in this MOU concern cooperation between the Parties

on the provision by NASA of the Strofio instrument for the ESA-led BepiColombo

mission.

ARTICLE 2 — THE BEPICOLOMBO MISSION

2.1 BepiColombo is a planned two spacecraft mission consisting of the ESA-provided

MPO and the Japan Aerospace Exploration Agency (JAXA)-provided Mercury

Magnetospheric Orbiter (MMO). The MPO will study the surface and internal

composition of the planet, while the MMO will study Mercury's magnetosphere.

Strofio, as part of the SERENA suite of instruments onboard the MPO, is designed to

obtain the first direct measurements of absolute abundances, both chemical and

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isotopic, of the exospheric constituents sampled along the low-altitude polar orbit of

the MPO spacecraft. Strofio is the only instrument that can detect all neutral species

reaching the spacecraft, not just those with emissions or absorptions at specific

wavelengths, as with optical and x-ray spectrometers. In contrast with optical

techniques, Strofio can make measurements with high sensitivity, both in full sunlight

and in Mercury's shadow. This unique capability enables Strofio to determine the

diurnal and latitudinal variations in Mercury's exosphere that are critical to

understanding its origins and variability. Strofio will operate with the other

components of the SERENA instrument suite: the Emitted Low-Energy Neutral

Atoms (FT RNA), Miniature Ion Precipitation Analyzer (MIPA), and Planetary Ion

Camera (PICAM).

2.2 The BepiColombo mission is scheduled to be launched by ESA in 2015 aboard an

Ariane V launch vehicle from Kourou, French Guiana.

2.3 Dr. Stefano Livi of the Southwest Research Institute has been selected as the Principal

Investigator (PI) for the Strofio Instrument through NASA's Stand Alone Mission of

Opportunity Notice (SALMON) Announcement of Opportunity, NNHO8ZDA0090.

Dr. Livi will serve as one of three international Co-PIs of the ASI-led SERENA

instrument suite under the direction of the SERENA PI, Dr. Stefano Orsini of the

Istituto di Astrofisica e 'Planetologia Spaziali at the Istituto Nazionale di AstroFisica.

ARTICLE 3 — DEFINITIONS

3.1 For the purpose of this MOU the term "Related Entity" means:

(a) A contractor or subcontractor of a Party at any tier;

(b) A grantee or any other cooperating entity or investigator of a Party at any tier;

or

(c) A contractor or subcontractor of a grantee or any other cooperating entity or

investigator of a Party at any tier.

3.2 For the purpose of Article 8 (Liability and Risk of Loss), the term "Related Entity"

also means:

(a) A user or customer of a Party at any tier, or

(b) A contractor or subcontractor of a user or customer of a Party at any tier.

It may also include another State or an agency or institution of another State, where

such State, agency, or institution is an entity described above or is otherwise involved

in the activities undertaken pursuant to this MOU.

3.3 The terms "contractor" and "subcontractor" include suppliers of any kind.

ARTICLE 4 — RESPONSIBILITIES

4.1 NASA will use reasonable efforts to carry out the following responsibilities:

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(a) Design, fabricate, and test the Strofio instrument;

(b) Manage the development activities of the Strofio instrument including costs,

schedule, project risk, staffing, team communications, and contract

management;

(c) Establish and operate a systems engineering process to oversee requirements,

interfaces, resources, and technical risks for Strofio;

(d) Establish and operate a mission assurance activity to implement a quality,

safety, and reliability program for Strofio;

(e) Design, build, and test a Strofio Structural/Thermal Model instrument and

deliver it to the SERENA PI;

(f) Design, build, and test a Strofio Electrical Model instrument and deliver it to

the SERENA PI;

(g) Design, build, test, and calibrate a Strofio Protoflight Model (PFM) and

deliver it to the SERENA PI;

(h) Provide engineering support during all integration and test activities;

(i) Deliver a fully qualified and calibrated Strofio PFM instrument to the

SERENA Integration and Test facility and support the checkout of the PFM

instrument with the SERENA digital processing unit hardware and software;

(i) Support the integration of the Strofio PFM instrument with the BepiColombo

spacecraft;

(k) Support commissioning of the Strofio instrument after launch;

Operate the Strofio instrument during cruise and Mercury orbit operations;

(m) Acquire, archive, and distribute Strofio science data products;

(n) Build and manage the Strofio science team in coordination with the SERENA

PI;

(o) Participate in the SERENA Science Working Group; and

(p) Participate in all the relevant ESA reviews for the Strofio instrument.

4.2 ASI will use reasonable efforts to carry out the following responsibilities:

(a) Organize and manage the partner consortium for the suite of instruments that

constitutes SERENA, which includes the Strofio instrument;

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(b) Provide SERENA system engineering support for the suite of instruments,

including definition and control of interfaces, resources, and operations;

(c) Provide the formal interface with ESA;

(d) Develop the common System Control Unit for use in controlling and

monitoring the SERENA suite of instruments;

(e) Verify and accept the SERENA suite of instruments;

(f) Integrate and test the SERENA suite of instruments;

(g) Provide the facilities, ground support equipment, contamination control

practices and procedures, test equipment, and test technicians and quality

assurance personnel to support the integration and testing of the SERENA

suite of instruments;

(h) Supply clean room garments, purge gas, and work space for all SERENA

instrument teams in support of integration and testing of the SERENA suite of

instruments;

(i) Deliver SERENA to ESA;

(j) Support the integration of the SERENA suite of instruments with the ESAprovided BepiColombo spacecraft;

(k) Organize and manage the SERENA science team;

(I) Coordinate the SERENA science team activities with the BepiColombo

science team;

(m) Manage the operation of the SERENA suite of instruments in-flight;

(n) Provide in-flight data processing support as needed by the SERENA

instrument teams; and

(o) Arrange and coordinate SERENA Technical Interchange Meetings and science

team meetings.

ARTICLE 5 — RIGHTS IN AND DISTRIBUTION OF SCIENTIFIC DATA

5.1 Science data obtained by the Strofio instrument investigators are to be managed

according to the BepiColombo Science Management Plan and released to the scientific

community after a period of no longer than six months. The six-month period begins

with the receipt by the PIs of usable scientific data, ground-based and flight calibration

data, and any associated BepiColombo data in a form suitable for analysis. At the end of

this period, the scientific data will become publicly available, as specified in the

following paragraph.

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5.2 Strofio instrument investigators will share data, interpretations, pre-publication

manuscripts, and presentations with other investigators of the SERENA team in as close

to real time as possible, to enhance the scientific return from the BepiColombo mission

under procedures defined by the BepiColombo Project Science Group. Following the

six-month period defined in paragraph 5.1, all scientific and ancillary Strofio data

records will be made publically available through submission to ESA's Planetary

Science Archive and NASA's Planetary Data System (PDS) in accordance with PDS

standards and policies on suitable data levels.

5.3 Data to be submitted by the Strofio instrument team will be archived with the PDS and

include all edited telemetry data (Committee on Data Management and Archive

(CODMAC) Level 2 data), full resolution calibrated data (CODMAC Level 3 data),

calibration documentation, and higher level products such as maps.

5.4 The Parties will have the right to use the data, processed and unprocessed, at any time

for support of their respective responsibilities to the BepiColombo mission.

5.5 The Parties and their investigators at any level, including co-investigators,

collaborators, and other associated scientists, will have full and immediate access to

scientific data obtained from they respective investigations. The Parties will work to

ensure that all investigators have access to other telemetered science and engineering

data relevant to the calibration/validation of the respective investigations.

5.6 Copies of all publications and reports detailing the scientific results of the Strofio

instrument investigations will be provided to the PDS, as well as the data modules on

which they are based. The PDS will, in turn, submit these publications and reports to

NASA's National Space Science Data Center, where appropriate. Such publications

and reports will include a suitable acknowledgement of the services afforded by ESA

and the contributions or the cooperation of either Party.

ARTICLE 6 — FLNANCIAL ARRANGEMENTS

6.1 Each Party will bear the costs of discharging its respective responsibilities, including

travel and subsistence of personnel and transportation of all equipment and other

items for which it is responsible.

6.2 The Parties' obligations under this MOU are subject to the availability of appropriated

funds. Should either Party encounter budgetary problems that may affect the

activities to be carried out under this MOU, the Party encountering the problems will

notify and consult with the other Party as soon as possible.

ARTICLE 7 — MANAGEMENT/POINTS OF CONTACT

7.1 .NASA's Planetary Science Division Director, within the Science Mission Directorate,

is responsible for all NASA Planetary Science activities, including the Discovery

Program. The Division Director serves as the formal programmatic liaison in matters

relevant to NASA's Planetary Science activities with international partners, including

ASI, and provides liaison and coordination with other U.S. Government agencies.

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7.2 NASA's Strofio Project Manager is responsible for the defmition, integration, and

assessment of all activities related to the BepiColombo mission. The Strofio Project

Manager serves as the principal point of contact for NASA in the performance of this

MOU.

7.3 The SERENA PI is the primary point of contact for international discussions on the

BepiColombo mission's science goals, objectives, and policies, including the Strofio

payload.

7.4 The appropriate NASA Project Office is part of the Discovery and New Frontiers

Program Office, located at NASA's Marshall Space Flight Center (MSFC) in

Huntsville, Alabama.

7.5 For ASI, the Head of the Exploration and Observation of the Universe Unit is

responsible for overall programmatic management of the Italian-sponsored

BepiColombo contributions. The Head of the Exploration and Observation of the

Universe Unit is also the principal point of contact for ASI in the performance of this

MOU. An ASI SERENA BepiColombo Project Manager has been appointed.

ARTICLE 8 — LIABILITY AND RISK OF LOSS

8.1 The Parties agree that the objective of this Article is to establish a cross-waiver of

liability in the interest of encouraging participation in the exploration, exploitation,

and use of outer space. The Parties intend that the cross-waiver of liability be broadly

construed to achieve this objective.

8.2 For purposes of this Article:

(a) The term "Damage" means:

(i) Bodily injury to, or other impairment of health of, or death of, any

person;

(ii) Damage to, loss of, or loss of use of any property;

(iii) Loss of revenue or profits; or

(iv) Other direct, indirect, or consequential damage.

(b) The term "Launch Vehicle" means an object, or any part thereof, intended for

launch, launched from Earth, or returning to Earth which carries Payloads,

persons, or both.

(c) The term "Payload" means all property to be flown or used on or in a Launch

Vehicle.

(d) The term "Protected Space Operations" means all activities, including Launch

Vehicle activities and Payload activities on Earth, in outer space, or in transit

between Earth and outer space, in implementation of this MOU. Protected

Space Operations begins at the signature of this MOU and ends when all

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activities done in implementation of this MOU are completed. It includes, but

is not limited to:

(i) Research, design, development, test, manufacture, assembly,

integration, operation, or use of Launch Vehicles, Payloads, or

instruments, as well as related support equipment and facilities and

services; and

(ii) All activities related to ground support, test, training, simulation, or

guidance and control equipment and related facilities or services.

"Protected Space Operations" excludes activities on Earth that are conducted

on return from space to develop further a Payload's product or process for use

other than for the activities within the scope of this MOU.

8.3 Cross-waiver of liability:

(a) Each Party agrees to a cross-waiver of liability pursuant to which each Party

waives all claims against any of the entities or persons listed in

paragraphs 3(a)(i) through 3(a)(iii) of this Article based on Damage arising

out of Protected Space Operations. This cross-waiver will apply only if the

person, entity, or property causing the Damage is involved in Protected Space

Operations and the person, entity, or property damaged is damaged by virtue

of its involvement in Protected Space Operations. The cross-waiver will apply

to any claims for Damage, whatever the legal basis for such claims, against:

(i) The other Party;

(ii) A Related Entity of any entity identified in paragraph 3(a)(i) of this

Article; or

(iii) The employees of any of the entities identified in paragraphs 3(aXi) or

3(a)(ii) of this Article.

(b) In addition, each Party will extend the cross-waiver of liability, as set forth in

paragraph 3(a) of this Article, to its own Related Entities by requiring them,

by contract or otherwise, to:

(i) Waive all claims against the entities or persons identified in paragraphs

3(a)(i) through 3(a)(iii) of this Article; and

(ii) Require that their Related Entities waive all claims against the entities

or persons identified in paragraphs 3(aXi) through 3(a)(iii) of this

Article.

(c) For avoidance of doubt, this cross-waiver of liability includes a cross-waiver

of claims arising from the Convention on International Liability for Damage

Caused by Space Objects, done on March 29, 1972 (hereinafter the "Liability

Convention"), where the person, entity, or property causing the Damage is

involved in Protected Space Operations and the person, entity, or property

damaged is damaged by virtue of its involvement in Protected Space

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Operations.

(d) Notwithstanding the other provisions of this Article, this cross-waiver of

liability will not be applicable to:

(i) Claims between a Party and its own Related Entity or between its own

Related Entities;

Claims made by a natural person, his/her estate, survivors, or

subrogees (except when a subrogee is a Party to this MOU or is

otherwise bound by the terms of this cross-waiver) for bodily injury to,

or other impairment of health of, or death of, such person;

(iii) Claims for Damage caused by willful misconduct;

(iv) Intellectual property claims;

(v) Claims for Damage resulting from a failure of a Party to extend the

cross-waiver of liability to its Related Entities, pursuant to paragraph

3(b) of this Article; or

(vi) Claims by a Party arising out of or relating to the other Party's failure

to perform its obligations under this MOU.

(e) Nothing in this Article will be construed to create the basis for a claim or suit

where none would otherwise exist.

(t) In the event of third-party claims which may arise out of, inter alia, the

Liability Convention, the Parties will consult promptly on any potential

liability, on any apportionment of such liability, and on the defense of such

claim.

ARTICLE 9 — REGISTRATION OF SPACE OBJECTS

9.1 The Parties understand that ESA will register BepiColombo as a space object in

accordance with the Convention on the Registration of Objects Launched into Outer

Space, done on November 12, 1974 (the Registration Convention). The Parties

acknowledge that ESA will retain jurisdiction and control over BepiColombo.

ARTICLE 10 — TRANSFER OF GOODS AND TECHNICAL DATA

The Parties are obligated to transfer only those technical data (including software) and goods

necessary to fulfill their respective responsibilities under this MOU, in accordance with the

following provisions, notwithstanding any other provisions of this MOU:

10.1 All activities under this MOU will be carried out in accordance with the Parties'

national laws and regulations, including those laws and regulations pertaining to

export control and the control of classified information.

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10.2 The transfer of technical data for the purpose of discharging the Parties'

responsibilities with regard to interface, integration, and safety will normally be made

without restriction, except as required by paragraph 10.1, above.

10.3 All transfers of goods and proprietary or export-controlled technical data are subject

to the following provisions.

(a) In the event a Party or its Related Entity finds it necessary to transfer such

goods or data, for which protection is to be maintained, such goods will be

specifically identified and such data will be marked.

(b) The identification for such goods and the marking on such data will indicate

that the goods and data will be used by the receiving Party and its Related

Entities only for the purposes of fulfilling the receiving Party's or Related

Entities' responsibilities under this MOU, and that such goods and data will

not be disclosed or retransferred to any other entity without the prior written

permission of the furnishing Party.

(c) The receiving Party and its Related Entities will abide by the terms of the

notice and protect any such goods and data from unauthorized use and

disclosure.

(d) The Parties to this MOU will cause their Related Entities to be bound by the

provisions of this Article through contractual mechanisms or equivalent

measures.

10.4 All goods exchanged in the performance of this MOU will be used by the receiving

Party or Related Entity exclusively for the purposes of the MOU. Upon completion

of the activities under this MOU, the receiving Party or Related Entity will return or

otherwise dispose of all goods and marked proprietary or export-controlled technical

data provided under this MOU, as directed by the furnishing Party or Related Entity.

ARTICLE II — INTELLECTUAL PROPERTY RIGHTS

Nothing in this MOU will be construed as granting, either expressly or by implication,

to the other Party any rights to, or interest in, any inventions or works of a Party or its

Related Entities made prior to the entry into force of, or outside the scope of, this

MOU, including any patents (or similar forms of protection in any country)

corresponding to such inventions or any copyrights corresponding to such works.

11.2 Any rights to, or interest in, any invention or work made in the performance of this

MOU solely by one Party or any of its Related Entities, including any patents (or

similar forms of protection in any country) corresponding to such invention or any

copyright corresponding to such work, will be owned by such Party or Related Entity.

Allocation of rights to, or interest in, such invention or work between such Party and

its Related Entities will be determined by applicable laws, rules, regulations, and

contractual obligations.

11.3 It is not anticipated that there will be any joint inventions made in the performance of

this MOU. Nevertheless, in the event that an invention is jointly made by the Parties

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in the performance of this MOU, the Parties will, in good faith, consult and agree

within 30 calendar days as to:

(a) The allocation of rights to, or interest in, such joint invention, including any

patents (or similar forms of protection in any country) corresponding to such

joint invention;

(b) The responsibilities, costs, and actions to be taken to establish and maintain

patents (or similar forms of protection in any country) for each such joint

invention; and

(c) The terms and conditions of any license or other rights to be exchanged

between the Parties or granted by one Party to the other Party.

11.4 For any jointly authored work by the Parties, should the Parties decide to register the

copyright in such work, they will, in good faith, consult and agree as to the

responsibilities, costs, and actions to be taken to register copyrights and maintain

copyright protection (in any country).

11.5 Subject to the provisions of Article 10 (Transfer of Goods and Technical Data) and

Article 12 (Release of Results and Public Information), each Party will have an

irrevocable royalty-free right to reproduce, prepare derivative works, distribute, and

present publicly, and authorize others to do so on its behalf, any copyrighted work

resulting from activities undertaken in the performance of this MOU for its own

purposes, regardless of whether the work was created solely by, or on behalf of, the

other Party or jointly with the other Party.

ARTICLE 12 — RELEASE OF RESULTS AND PUBLIC INFORMATION

12.1 The Parties retain the right to release public information regarding their own activities

under this MOU. The Parties will coordinate with each other in advance concerning

releasing to the public information that relates to the other Party's responsibilities or

performance under this MOU. Full acknowledgement will be made by both Parties of

the role of the other Party in the BepiColombo mission. In all publications

concerning the BepiColombo mission and its results, the Parties will acknowledge

that BepiColombo is an ESA-led mission with instruments funded by the ESA

Member States to which NASA contributed, through ASI, with the Strofio instrument.

12.2 The Parties will make the results available to the general scientific community, in

compliance with the BepiColombo Science Management Plan and, as appropriate and

agreed between the Parties, in a timely manner.

12.3 The Parties acknowledge that the following data or information does not constitute

public information and that such data or information will not be included in any

publication or presentation by a Party under this article without the other Party's prior

written permission:

(a) Data furnished by the other Party in accordance with Article 10 (Transfer of

Goods and Technical Data) which is identified as export-controlled, classified,

or proprietary; or

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(b) Information about an invention of the other Party before an application for a

patent (or similar form of protection in any country) corresponding to such

invention has been filed covering the same, or a decision not to file has been

made.

ARTICLE 13 — EXCHANGE OF PERSONNEL AND ACCESS TO FACILITIES

13.1 To facilitate implementation of the activities conducted under this MOU, the Parties

may support the exchange of a limited number of personnel, including contractors and

subcontractors, from each Party, at an appropriate time and under conditions mutually

agreed between the Parties.

13.2 Access by the Parties to each other's facilities or property, or to each other's

Information Technology (IT) systems or applications, is contingent upon compliance

with each other's respective security and safety policies and guidelines including, but

not limited to: standards on badging, credentials, and facility and IT system

application/access.

ARTICLE 14 — CUSTOMS CLEARANCE AND MOVEMENT OF GOODS

14.1 In accordance with its laws and regulations, each Party will facilitate free customs

clearance and waiver of all applicable customs duties and taxes for goods necessary

for the implementation of this MOU. In the event that any customs duties or taxes of

any kind are nonetheless levied on such equipment and related goods, such customs

duties or taxes will be borne by the Party of the country levying such customs duties

or taxes.

14.2 In accordance with its laws and regulations, each of the Parties will also facilitate the

movement of goods into and out of its territory as necessary to comply with this

MOU.

ARTICLE 15 — OWNERSHIP OF EQUIPMENT

15.1 Unless otherwise agreed in writing, each Party will retain ownership of all equipment,

including the goods, hardware, software, and associated technical data, it provides to

the other Party under the terms of this MOU, without prejudice to any individual

rights of ownership of the Parties' respective Related Entities. To the extent feasible

and recognizing that equipment sent into space or integrated into the other Party's

equipment cannot be returned, each Party agrees to return the other Party's equipment

in its possession at the conclusion of activities under this MOU.

ARTICLE 16 — CONSULTATION AND DISPUTE RESOLUTION

16.1 The Parties agree to consult promptly with each other on all issues involving

interpretation, implementation, or performance of the MOU. Such issues will first be

referred to the appropriate points of contact named above for the Parties in Article 7.

If they are unable to come to agreement, then the dispute will be referred to the

NASA Associate Administrator for the Science Mission Directorate and the ASI

Technical Director, or they designated representatives, for joint resolution. Any

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FOR THE NATIONAL AERONAUTICS OR THE

AND SPACE ADMINISTRATION OF THE

UNITED STATES OF AMERICA

SPACE AGENCY

Date:

Place:

2o (3

6-t-E

Date:

Place:

-20 A- A9 4,3

dispute which cannot be resolved at this level will be referred to the NASA

Administrator and the ASI President, or their designated representatives, for joint

resolution.

ARTICLE 17 — INVESTIGATIONS OF MISHAPS AND CLOSE CALLS

17.1 In the case of a close call, mishap or mission failure, the Parties agree to provide

assistance to each other in the conduct of any investigation, bearing in mind, in

particular, the provisions of Article 10 (Transfer of Goods and Technical Data). In

the case of activities which might result in the death of or serious injury to persons, or

substantial loss of or damage to property as a result of activities under this MOU, the

Parties agree to establish a process for investigating each such mishap.

ARTICLE 18 — ENTRY LNTO FORCE, TERM, AMENDMENTS,

TERMINATION, AND CONTINUING OBLIGATIONS

18.1 This MOU will enter into force upon signature by the Parties and the conclusion of an

exchange of diplomatic notes between the Governments of the Parties incorporating

its terms and conditions. This MOU will remain in force until December 31, 2023, to

permit the completion of the BepiColombo mission and data analysis period. This

MOU may be amended by written agreement of the Parties, provided that the

exchange of notes remains in force. The interim agreement of September 23, 2010,

will terminate upon entry into force of this MOU.

18.2 Either Party may terminate this MOU at any time by giving the other Party at least six

months' written notice of its intent to terminate. Termination or expiration of this

MOU will not affect a Party's continuing obligations under Article 8 (Liability and

Risk of Loss), Article 10 (Transfer of Goods and Technical Data), Article 11

(Intellectual Property Rights), and Article 12 (Release of Results and Public

Information), unless otherwise agreed by the Parties. In the event of termination, each

Party will endeavor to minimize the negative impacts of any such termination on the

other Party.

Done in duplicate in the English language.

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