TREATIES AND OTHER INTERNATIONAL ACTS SERIES 12-619.1 

________________________________________________________________________ 

SPACE COOPERATION 

 Agreement Between the 

UNITED STATES OF AMERICA 

and INDONESIA 

Signed at Washington and Jakarta 

May 31 and June 19, 2012 
 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.” 
INDONESIA 

Space Cooperation 

 Agreement signed at Washington and Jakarta 

 May 31 and June 19, 2012; 

 Entered into force June 19, 2012. 
AGREEMENT

BETWEEN THE

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

OF THE UNITED STATES OF AMERICA

AND THE

NATIONAL INSTITUTE OF AERONAUTICS AND SPACE

OF THE REPUBLIC OF INDONESIA

FOR

COOPERATION ON THE SOUTHEAST ASIA COMPOSITION, CLOUD,

CLIMATE COUPLING REGIONAL STUDY

The National Aeronautics and Space Administration (NASA) and the National Institute

of Aeronautics and Space (LAPAN) (hereinafter referred to individually as "the Party" or

jointly as "the Parties"):

DESIRING to cooperate on NASA's Southeast Asia Composition, Cloud, Climate

Coupling Regional Study (SEAC4RS) that is of mutual interest and benefit to the Parties;

and

REFERRING to the Agreement between the Government of the United States of

America and the Government of the Republic of Indonesia on Scientific and

Technological Cooperation, signed at. Jakarta on March 29, 2010;

HAVE AGREED as follows:

I. PROGRAM DESCRIPTION

SEAC4RS is a NASA aircraft campaign that will address science questions related to the

relationships between atmospheric composition and convection in Southeast Asia.

Broadly stated, SEAC4RS will facilitate progress in understanding and improving

predictive capability for changes in the ozone layer, climate forcing, and air quality

associated with changes in atmospheric composition. Southeast Asia stands out globally

in satellite observations. For instance, during the Asian monsoon (July-October), carbon

monoxide observations of the middle to upper troposphere are consistently enhanced over

southern and Southeast Asia each year. These observations point to the region's unique

sensitivity to rapidly changing emissions of gas phase and aerosol pollutants in Asia.

Simultaneously, this region also hosts one of the most complex meteorological and

observing environments in the world. Understanding the sensitivity of this region to

changes in climate and air quality requires knowledge of how dynamical. physical,

chemical, and radiative processes are influenced by these emissions.

SEAC4RS will take place in August and September of 2012. This deployment will

address key science questions regarding the influence of Asian emissions on clouds.

climate, and air quality as well as fundamental satellite observability of the system.

Current satellite observations suggest a strong impact of the Asian summer monsoon on
Tropopause Transition Layer composition and a direct relationship to surface sources

including pollution, biogenic emissions, and biomass burning. Hence, SEAC 4RS science

observations will focus specifically on the role of the Asian monsoon circulations in

governing emissions, transport, convective impacts/redistribution and upper atmospheric

composition and chemistry. Attention will also be given to the influence of biomass

burning and pollution, their temporal evolution, and ultimately impacts on meteorological

processes which in turn feed back into regional air quality. With respect to

meteorological feedbacks, the opportunity to examine the impact of pollution aerosol

particles on cloud properties and ultimately dynamics will be of particular interest.

To accomplish the goals of SEAC4RS, multiple aircraft will be required to fly over key

areas of Southeast Asia, including Indonesia. The NASA DC-8 will provide observations

from near the surface to 12 km; the United States National Science Foundation

Gulfstream V will provide observations up to 14 km; and the NASA ER-2 will provide

high-altitude observations reaching into the lower stratosphere as well as important

remote sensing observations connecting satellites with observations from lower flying

aircraft and surface sites. The aircraft and operations will be hosted in Thailand during

the duration of the campaign.

II. DEFINITIONS

For the purpose of this Agreement 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.

For the purpose of Article VI (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 Agreement.

The terms -contractor- and "subcontractor" include suppliers of any kind.
III. RESPONSIBILITIES

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

(a) Operate the SEAC4RS campaign;

(b) Provide flight opportunities for Indonesian Government personnel, as

requested by LAPAN; and

(c) Provide to LAPAN access to all Earth observation data that results from the

campaign and training opportunities to process the data and related data such

as A-Train Satellite data;

LAPAN will use reasonable efforts to carry out the following responsibilities:

(a) Make LAPAN and/or other Indonesian scientists available for campaign

planning and analysis of results;

(b) Provide access to meteorologists as well as weather data and forecasts; and

(c) Facilitate research overflight permission for Indonesian land and water,

subject to restrictions imposed by the Indonesian Government.

IV. FINANCIAL ARRANGEMENTS

I. 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.

2. The ability of the Parties to carry out their obligations is subject to the availability

of appropriated funds. Should either Party encounter budgetary problems that may

affect the activities to be carried out under this Agreement, the Party encountering

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

V. POINTS OF CONTACT

NASA:

Dr. Hal Maring

Radiation Sciences Program

Earth Science Division

Science Mission Directorate

Mail Suite 3B74

NASA Headquarters

Washington. DC 20546-0001

Phone: +1-202-358-1679

Fax: +1-202-358-2770

Email: hal.maring@nasa.gov
I,APAN:

Technical matters:

Director of Atmospheric Science & Technology Center, LAPAN

Jalan Dr. Djunjunan no. 133, Bandung 40173, Indonesia

Phone: +62-22-6037445

Fax: +62-22-6037443, 6014998

Email: afitbd@yahoo.com, afifbudiyano@lapan.go.id

Administrative matters:

Head of Cooperation and Public Relation Bureau

Jalan Pemuda Persil no. 1, Rawamangun, Jakarta 13220, Indonesia

Phone: +62-21-4892802

Fax: +62-21-47882726

Email: ratih_dewanti@lapan.gO.id, kerjasama Japan@yahoo.com

VI. LIABILITY AND RISK OF LOSS

1. Each Party hereby waives any claim against the other Party, employees of the other

Party, the other Party's Related Entities or employees of the other Party's Related

Entities for any injury to, or death of, the waiving Party's employees or the

employees of its Related Entities, or for damage to, or loss of, the waiving Party's

property or the property of its Related Entities arising from or related to activities

conducted under this Agreement, whether such injury. death, damage, or loss arises

through negligence or otherwise, except in the case of willful misconduct.

Each Party further agrees to extend this cross-waiver to its Related Entities by

requiring them, by contract or otherwise, to waive all claims against the other Party,

Related Entities of the other Party, and employees of the other Party or of its

Related Entities for injury, death, damage, or loss arising from or related to

activities conducted under this Agreement. Additionally, each. Party will require

that their Related Entities extend this cross-waiver to their Related Entities by

requiring them, by contract or otherwise, to waive all claims against the other Party.

Related Entities of the other Party, and employees of the other Party or of its

Related Entities for injury, death, damage. or loss arising from or related to

activities conducted under this Agreement.

VII. 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 Agreement, in

accordance with the following provisions, notwithstanding any other provisions of this

Agreement:
1. All activities under this Agreement will be carried out in accordance with the

Parties' national laws and regulations, including those laws and regulations

pertaining to export control. Only unclassified information will be exchanged.

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 1. above.

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 Agreement, 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 Agreement will cause their Related Entities to be bound by

the provisions of this Article through contractual mechanisms or equivalent

measures.

4. All goods exchanged in the performance of this Agreement will be used by the

receiving Party or Related Entity exclusively for the purposes of the Agreement.

Upon completion of the activities under this Agreement, 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 Agreement, as directed by

the furnishing Party or Related Entity.

VIII. INTELLECTUAL PROPERTY RIGHTS

1. Nothing in this Agreement 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.rnade prior to the entry into force of, or outside the

scope of this Agreement. including any patents (or similar forms of protection in

any country) corresponding to such inventions or any copyrights corresponding to

such works.
2. Any rights to, or interest in, any invention or work made in the performance of this

Agreement 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.

3. It is not anticipated that there will be any joint inventions made in the performance

of this Agreement. Nevertheless, in the event that an invention is jointly made by

the Parties in the performance of this Agreement. 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.

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').

5. Subject to the provisions of Article VII (Transfer of Goods and Technical Data) and

Article IX (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 Agreement 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.

IX, RELEASE OF RESULTS AND PUBLIC INFORMATION

I. The Parties retain the right to release public information regarding their own

activities under this Agreement. 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 Agreement.

The Parties will make the results available to the general scientific community. as

appropriate and agreed between the Parties, in a timely manner.
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 VII (Transfer of

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

proprietary: or

(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.

X. INVESTIGATION OF MISHAPS

In the case of an accident or mishap, the Parties agree to provide assistance to each other

in the conduct of any investigation, bearing in mind, in particular, the provisions of

Article VII (Transfer of Goods and Technical Data). In the ease 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 Agreement. the Parties agree to establish a

process for investigating each such accident or mishap.

XL CONSULTATION AND DISPUTE RESOLUTION

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

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

be referred to the Points of Contact named above for the Parties. If they are unable to

come to agreement, then the issue will be referred to the NASA Associate Administrator

for International and Interagency Relations and the Head of Planning and Organization

Bureau. LAPAN, or their designated representatives for joint resolution.

XII. AMENDMENTS

This Agreement may be amended at any time by written agreement of the Parties.

XIII. CONTINUING OBLIGATIONS

The obligations of the Parties set forth in Article VI (Liability and Risk of Loss), Article

VII (Transfer of Goods and Technical Data), Article VIII (Intellectual Property Rights)

and Article IX (Release of Results and Public Information) of this Agreement will

continue to apply after the expiration or termination of this Agreement.
FOR LAPAN

617,

Ratih Dewanti

Head of Cooperation and Public Relation

Bureau

XIV. ENTRY INTO FORCE, TERM AND TERMINATION

This Agreement will enter into force upon signature. The Agreement will remain in force

until September 30, 2017. The Agreement may be terminated by either Party by

notifying the other Party in writing two (2) months in advance.

XV. SIGNATORIES

FOR NASA

Karen C. Feldstein

Director, Science Division

Office of international and Interagency

Relations

Date Date

tti -Ark.

Place Place