TREATIES AND OTHER INTERNATIONAL ACTS SERIES 02-305

________________________________________________________________________

SCIENTIFIC COOPERATION 

Earth Sciences

Memorandum of Understanding between the

UNITED STATES OF AMERICA

and the REPUBLIC OF KOREA

Signed at Seoul and Reston February 14 and March 5, 2002

Amended and Extended May 15 and 19, 2006
 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.”
REPUBLIC OF KOREA

Scientific Cooperation

Memorandum of Understanding signed at Seoul and Reston

 February 14 and March 5, 2002; 

 Entered into force March 5, 2002;

 Amended and extended May 15 and 19, 2006. 
•

KO-05.0000

MEMORANDUM OF UNDERSTANDING

BETWEEN

THE U.S. GEOLOGICAL SURVEY

OF THE

DEPARTMENT OF THE INTERIOR

OF THE UNITED STATES OF AMERICA

AND THE

KOREA INSTITUTE OF GEOSCIENCE AND MINERAL RESOURCES

OF THE

OFFICE OF THE PRIME MINISTER

OF THE

REPUBLIC OF KOREA

CONCERNING

SCIENTIFIC AND TECHNICAL COOPERATION

IN THE EARTH SCIENCES

ARTICLE I. SCOPE AND OBJECTIVES

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

America (hereinafter "USGS") and the Korea Institute of Geoscience and Mineral Resources of

the Office of the Prime Minister of the Republic of Korea (hereinafter "KIGAM") hereby agree

to pursue scientific and technical cooperation in the earth sciences in accordance with this

Memorandum of Understanding (hereinafter "Memorandum").

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

scientific and technical knowledge and the augmentation of scientific and technical capabilities

of the USGS and KIGAM (hereinafter "Party" or "Parties") with respect to the earth sciences.

3. This Memorandum is subject to the Agreement Relating to Scientific and Technical

Cooperation between the Government of the United States of America and the Government of

the Republic of Korea signed July 2, 1999, (hereinafter "Agreement"), which entered into force

retroactively on April 29, 1999, for five years.

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

laws and policies of each Government, invite other entities of the United States and Korean

governments to participate in activities undertaken pursuant to this Memorandum.

ARTICLE II. COOPERATIVE ACTIVITIES 

1. Forms of cooperation under the Memorandum may consist, without limitation, of

exchanges of technical information, visits, training, and cooperative research consistent with
2

ongoing programs of the Parties. Specific areas of cooperation may include, but are not limited

to, such areas of mutual interest as:

A. Earth-science investigations-hazards, resources and environment;

B. Biology and biological investigations and technical developments;

C. Geospatial data applications;

D. Water resources and other hydrologic investigations; and

E. Information systems.

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

regulations, and procedures of each country.

•

ARTICLE III. AVAILABILITY OF RESOURCES

Cooperative activities under this Memorandum shall be subject to the availability of

personnel, resources, and funds. This Memorandum shall not be construed to obligate any

particular expenditure or commitment of resources or personnel. The Parties shall agree

in accordance with Article VIII below upon specific Project Annexes in writing before the

commencement of each activity hereunder.

ARTICLE IV. FEE AND TAX EXEMPTION

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

S

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

fees for specific services rendered) levied with respect to:

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

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

B. The import, purchase, ownership, use or disposition (including export) of goods and

services by or on behalf of the other Party in support of activities under this Memorandum; and

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

implementing provisions of this memorandum.

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

levied on such activities, facilities, property, equipment and related goods or services, such taxes,

fees and customs, duties shall be borne by the levying Party.
3

ARTICLE V. INTELLECTUAL PROPERTY AND SECURITY OBLIGATIONS

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

the course of cooperative activities under this Memorandum, and provisions for the protection

of classified information and unclassified export-controlled information and equipment, shall be

governed by the provisions of the Agreement between the Government of the United States of

America and the Government of the Republic of Korea and any successor agreements thereto.

ARTICLE VI. 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 VII. 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 VIII. 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 a Project Annex to this

Memorandum agreed upon by both Parties, 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 the Project Annex, the

terms of this Memorandum shall be controlling.

ARTICLE IX. ENTRY INTO FORCE AND TERMINATION

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

until the termination of the Agreement. This Memorandum can only be amended by mutual

written agreement after appropriate approvals, and may be terminated at any time by either Party

upon ninety (90) days prior written notice to the other Party. Unless otherwise agreed, the

termination of the Memorandum, whether by expiration or by notice of a Party, shall not affect

the validity or duration of projects under this Memorandum that have been initiated prior to such

termination.
You H oow KWA K

Charles G. Groat Name

Director Title

p 4.4 **I k,

Date

/1/604W' /

F.L. ILA 2-0* 2.

Date

I 'certify that this is a true copy of the original Memorandun of Understanding

March II, 2002

Dee Dee Poole

International Programs Specialist

Geology, U.S. Geological Survey

Date
KS-05.0001

AGREEMENT

• TO AMEND AND EXTEND THE

MEMORANDUM OF UNDERSTANDING

BETWEEN

THE U.S.GEOLOGICAL SURVEY

OF

THE DEPARTMENT OF THE INTERIOR

' OF

THE UNITED STATES OF AMERICA

AND THE

KOREA INSTITUTE OF GEOSCIENCE AND MINERAL RESOURCES

OF THE

MINISTRY OF SCIENCE AND TECHNOLOGY

OF THE REPUBLIC OF KOREA

• CONCERNING

SCIENCTIFIC AND TECHNICAL COOPERATION

IN THE EARTH SCIENCES

The Memorandum of Understanding (hereinafter "Memorandum") between the U.S.

Geological Survey(hereinafter "USGS") of the Department of the Interior of the United

States of America and the Korean Institute of Geoscience and Mineral Resources of The

Ministry of Science and Technology of the Republic of Korea(hereinifter "KIGAM")

(hereinafter "Party" or "Parties") Concerning Scientific and Technical Cdoperation in

the Earth Sciences signed by the USGS on March 5, 2002, and KIGAM on February 14,

2002, is hereby amended and extended as follows:

1. Article I. paragraph 4: Delete in its entirety and substitute the following:

4. The Parties shall enCourage and facilitate, where appropriate, the development

of direct contacts and cooperation among government agencies, universities, research

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

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

permitted by laws and policies of each Party's government, invite other government

entities or agencies of the United States and Korea, and other entities, including

scientists, technical experts, governmental agencies, and institutions of third countries

or international organizations, to participate in activities undertaken pursuant to this

Memorandum, subject to such terms and conditions as the Parties may specify.
Signature

P. Patrick Leahy

Acting Director

Title

,q1, I v

7/ ,b

Date

Signature

Tai Sup Lee

President

Title

Date

„

2. Entry into Force and Termination:

This Agreement shall enter into force upon signature and shall be retroactive from

April 29, 2004. It will remain in force for the duration of the Agreement Relating to

Scientific and Technical Cooperation Between the Government of the United States of

America and the Government of the Republic of Korea, amended by Diplomatic Note

June 25, 2004, as extended. Either Party may terminate this Agreement upon ninety (90)

days written notice to the other Party. The termination of this Agreement shall not affect

the validity or duration of projects under this Agreement that are initiated prior to such

termination.

3. All other terms and conditions of the Memorandum remain unchanged.

Done in Reston and Seoul, in duplicate, in the English language.

FOR THE U.S. GEOLOGICAL

SURVEY OF THE DEPARTMENT

OF THE INTERIOR OF THE

UNITED STATES OF AMERICA

FOR THE KOREA INSTITUTE OF

GEOSCIENCE AND MINERAL

RESOURCES OF THE MINISTRY OF

SCIENCE AND TECHNOLOGY OF

THE REPUBLIC OF KOREA

ia

I certify that thia/is a true copy of the original Agreement to-amend

/ 

nd, extend the MeMorandum.of Understanding.

,tee Dee Po

Internat'onal Program S ecialists

Geology, U.S. Geological Survey

June 13, 2006