TREATIES AND OTHER INTERNATIONAL ACTS SERIES 02-703

________________________________________________________________________

WEAPONS

Detection

Agreement between the

UNITED STATES OF AMERICA

and the UNITED KINGDOM

Agreement signed at Washington July 3, 2002
 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.”
UNITED KINGDOM

Weapons - Detection

Agreement signed at Washington July 3, 2002;

 Entered into force July 3, 2002.
AGREEMENT BETWEEN

THE GOVERNMENT OF THE UNITED STATES OF AMERICA

AND

THE GOVERNMENT OF THE UNITED KINGDOM OF

GREAT BRITAIN AND NORTHERN IRELAND

FOR COOPERATION IN RESEARCH AND DEVELOPMENT

OF WEAPONS DETECTION AND PROTECTION-RELATED TECHNOLOGIES

The Government of the United States of America and the Government of the

United Kingdom of Great Britain and Northern Ireland, hereinafter referred to as

the "Parties",

Having independently conducted research and development of the applications of

various weapons detection-related technologies, and recognizing the benefits of

cooperation in the mutual exchange of related research information;

Seeking to make the best use of their respective research and technology

development capabilities, to eliminate unnecessary duplication of work and to

obtain the most efficient and cost-effective results through cooperation in joint

research activities; and

Desiring to support national security interests of mutual concern, through the

development, testing, and evaluation of specialized technology applications;

Have agreed as follows:
2

Article 1

Scope and Objective

1. The objective of this Agreement is to establish a framework for cooperation

between the Parties in the area of research, technology development and testing of

weapons detection and related technologies.

2. Joint activities under this Agreement shall be conducted on the basis of equality,

reciprocity and mutual benefit.

Article 2

Executive Agents

To implement this Agreement, the Parties' Executive Agents are: for the Government of

the United States of America, the Department of Energy of the United States of America;

for the Government of the United Kingdom of Great Britain and Northern Ireland, the

Secretary of State for Defence.

Article 3

Areas of Cooperation

Cooperation under this Agreement may be undertaken in the following areas related to

chemical and biological weapons detection-related research and development: systematic

and comprehensive studies of a theoretical and experimental nature; the practical

application of engineering and scientific knowledge to detection and protection objectives;

and the development of ideas, procedures and experimental hardware with a detection and

protection application, including the planning and realization of simulation, scientific

processes and technology demonstration.

Article 4

Forms of Cooperation

The forms of cooperation under this Agreement may include, but are not limited to, the

following:
3

1. Exchange of technical information and data on scientific and technical activities

and methods and results of research and development;

2. Joint research;

3. Conduct of joint trials/experiments;

4. Short-term visits by specialist teams or individual staff of one Party to the facilities

of the other Party, subject to a prior written arrangement on each occasion;

5. Assignment of staff, which includes scientists, engineers, and other specialists for

agreed periods of time for cooperative training, participation in experiments,

analysis, design and other research, development and demonstration activities at

scientific centers, academic institutions, laboratories and other facilities of the

Parties, or of contractors of the Parties;

6. Exchange or loan of samples, materials and equipment, for experiments, testing

and evaluation;

7. The use by one Party of facilities owned or operated by the other Party. Such use

of facilities shall be the subject of a separate written arrangement between the

Executive Agents.

8. Organization of and participation in, technological demonstrations and seminars,

scientific conferences and other meetings; and

9. Training and enhancing the skills of scientists and technical experts.

Article 5

Additional Organizations

The Parties shall encourage and facilitate, where appropriate, the development of direct

contacts and cooperation between government agencies, universities, science and research

centers, private sector firms and other institutions of the two Parties, and institutions of

third countries or international organizations.
4

Article 6

Management

1. The Executive Agents shall establish a Joint Coordinating Committee (JCC),

consisting of an equal number of representatives of each Executive Agent, to

coordinate and review cooperative activities under this Agreement. The activities

of the JCC shall be governed by procedures approved by the Executive Agents.

2. The responsibilities of the JCC shall include the review of implementation of this

Agreement and resolution of issues that may arise in the course of its

implementation, and such further functions as are agreed upon in writing by the

Executive Agents.

3. Decisions of the JCC shall be taken by consensus.

4. Meetings of the JCC shall be convened periodically upon agreement of the cochairmen of the JCC, alternately in the United States and in the United Kingdom

or as otherwise decided by the JCC.

Article 7

Implementing Arrangements

1. To carry out the mutually agreed upon activities under this Agreement, the Parties

or the governmental agencies of the Parties shall conclude implementing

arrangements, which shall set forth details, procedures, and management of the

specific cooperative activities.

2. In case of any inconsistency between this Agreement and implementing

arrangements, the provisions of this Agreement shall prevail.

Article 8

Classified Information, Materials and Equipment

1. Classified information, materials and equipment communicated or transferred

pursuant to this Agreement shall be stored, handled, transmitted, and safeguarded

in accordance with the General Security of Information Agreement between the
5

Government of the United Kingdom of Great Britain and Northern Ireland and the

Goverment of the United States of America dated April 14, 1961, as amended,

including the Industrial Security Annex thereto of April 18, 1984, as amended.

2. Classified information, communicated or exchanged, and any materials or

equipment transferred, pursuant to this Agreement shall not be communicated,

exchanged or transferred by the recipient Party or persons under its jurisdiction to

any unauthorized persons, or, except with the authorization of the other Party and

only to the extent permitted by security of information agreements and

arrangements between the transferring Party and the intended recipient.

3. Implementing arrangements concluded in accordance with Article 7 shall include

appropriate provisions for the handling, safeguarding, and use of classified

information.

Article 9

Treatment of Information; Intellectual Property

1. Unless otherwise agreed by the Parties or their designees in writing, the treatment

of intellectual property created or furnished in the course of cooperative activities

under this Agreement shall be governed by the Annex on Intellectual Property

Rights agreed to by the Parties by an exchange of notes dated November 29, 1995.

The text of this Annex on Intellectual Property Rights is attached to this

Agreement as the Preamble and Sections I through III of Annex I and forms an

integral part hereof.

2. The protection of any invention or discovery employing classified information

communicated or exchanged under this Agreement shall be governed by Section

IV of Annex I.

3. Sensitive information shall be handled in accordance with the laws and regulations

of the Party receiving the information, and shall not be disclosed or transmitted to

a third party not participating in the implementation of this Agreement without the

written consent of the Party transmitting the information. According to the laws

and regulations of the United States, such information shall be treated as foreign

government information provided in confidence and shall be protected
6

accordingly. According to the laws and regulations of the United Kingdom, such

information shall be treated as national security information and shall be protected

accordingly.

4. Scientific and technological information of a non-business confidential nature

resulting from cooperation under this Agreement, other than information which is

not disclosed for national security, commercial or industrial reasons, shall be made

publicly available to the world scientific community through customary channels

and in accordance with the normal procedures of the participating agencies and

entities.

Article 10

Costs

Unless otherwise agreed in writing, each Party shall bear the cost of its participation in

cooperative activities carried out under this Agreement, subject to the availability of

nationally appropriated funds.

Article 11

Implementation

Each Party shall conduct the activities provided for in this Agreement consistent with its

applicable laws.

Article 12

Settlement of Disputes

Any dispute regarding the interpretation or application of this Agreement shall be resolved

by consultation between the Parties and shall not be referred to any national or

international tribunal or any other third party for settlement.

Article 13

Claims and Liabilities

Each Party agrees, subject to its laws, not to assert claims against the other Party for loss

or damage to their respective property or for injury or death of their respective personnel
7

arising out of joint operations conducted under this Agreement. The Parties will

cooperate, as appropriate, in the settlement or other disposition of any claims of a third

party for property loss or damage, personal injury, or death arising out of joint operations

under this Agreement.

Article 14

General Provisions

1. To the extent permitted by its national laws and regulations, each Party shall

a) facilitate entry into and exit from its territory of appropriate personnel and

equipment of the other Party used in projects and programs under this

Agreement; and

b) facilitate the entry of materials and equipment required for joint activities

under this Agreement, without the imposition of duties or taxes.

2. Technologies needed by the United Kingdom, its agents or contractors may

involve defense articles or defense services, or other items, subject to United

States export controls, including licensing requirements of the Department of

Commerce. Technologies needed by the United States, its agents or contractors

may involve defense articles or defense services, or other items, subject to United

Kingdom export controls, including individual licensing requirements of the

Department of Trade and Industry.

Article 15

Definitions

For purposes of this Agreement:

"Classified information" means official information that requires protection in the

interests of national security and is so designated by the application of a security

classification marking.

"Information" means any information, knowledge or data, regardless of form or

characteristics including but not limited to that of a scientific or technical nature,

experimental and test data, designs, improvements, photographs, software (including

source code), reports, manuals, specifications, processes, techniques, inventions (whether

patented or not), technical writings, sound recordings, semi-conductor topography,
8

pictorial reproductions, drawings and other graphical representations, whether on

magnetic tape, in computer memory, or in whatever form presented, and whether or not

subject to copyright or other legal protection. To the extent defense articles and defense

services subject to United States defense export controls are involved, the controlling

definitions concerning information related thereto shall be those found in applicable

United States law and regulations.

"Invention" means any invention or discovery formulated or made (conceived or first

actually reduced to practice) in the course of work performed under this Agreement or its

implementing arrangements. The term "first actually reduced to practice" means the first

demonstration, sufficient to establish to one skilled in the art to which the invention

pertains, of the operability of an invention for its intended purpose and in its intended

environment.

Article 16

Duration, Modification, and Termination

1. This Agreement shall enter into force upon signature by both Parties and shall

remain in force for five (5) years. This Agreement shall be automatically renewed

for further 5-year periods unless either Party notifies the other Party in writing at

least 6 months prior to the expiration of the first 5-year period or any succeeding

5-year period of its intent to terminate the Agreement.

2. This Agreement may be amended by written agreement of the Parties.

3. Either Party may terminate this Agreement at any time by giving six (6) months'

written notice to the other Party.

4. Termination of this Agreement shall not affect the implementation of any

cooperative activity carried out under this Agreement and not completed upon

termination of this Agreement.

5. The respective rights and responsibilities of the Parties regarding Article 8

(Classified Information), Article 12 (Settlement of Disputes), and Article 13

(Claims and Liabilities) shall continue notwithstanding termination or expiry of

this Agreement and any implementing arrangements.
9

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

respective Governments, have signed this Agreement.

DONE at Washington, in duplicate, this third day of July, 2002.

FOR THE GOVERNMENT OF THE

UNITED STATES OF MERICA:

FOR THE GOVERNMENT OF THE

UNITED KINGDOM OF GREAT

BRITAIN AND NORTHERN IRELAND:

aiSA/4-c_r
10

ANNEX I

Annex on Intellectual Property Rights

Preamble

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

or furnished under this Agreement and relevant implementing arrangements. The Parties

shall ensure that the relevant entities participating in activities under this Agreement

(hereinafter "cooperating entities") which may include the Parties themselves, agree to

notify one another in a timely fashion of any inventions or copyrighted works arising

under this Agreement and to seek protection for such intellectual property in a timely

fashion. Rights to such intellectual property shall be allocated as provided in this annex.

Section I - Scope

A. This annex is applicable to all cooperative activities undertaken by the cooperating

entities pursuant to this Agreement, except as otherwise specifically agreed by the

cooperating entities.

B. For purposes of this Agreement, "intellectual property" shall have the meaning

found in Article 2 of the Convention Establishing the World Intellectual Property

Organization, done at Stockholm July 14, 1967.

C. This annex addresses the allocation of rights, interests, and royalties between the

cooperating entities. Each cooperating entity shall ensure that the other

cooperating entity can obtain the rights to intellectual property allocated in

accordance with this annex. Subject to this, the allocation between a Party and its

cooperating entities, which shall be determined by the Party's practices and

national laws, shall not be altered or prejudiced by application of this annex.

D. Disputes concerning intellectual property arising under this Agreement should be

resolved through discussions between the relevant cooperating entities or, if

necessary, the Parties. 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.
1 1

E. Termination or expiration of this Agreement shall not affect the rights or

obligations created by this annex.

Section II - Allocation of Rights

A. Each cooperating entity, subject to the restrictions of Section III of this annex,

shall be entitled to a nonexclusive, irrevocable, royalty-free right in all countries to

translate, reproduce, and publicly distribute scientific and technical journal

articles, reports and books containing non-proprietary information 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. Each

cooperating entity shall have the right to review a translation prior to public

distribution.

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

Section II.A above, shall be allocated as follows:

1. Visiting researchers not involved in joint research which is subject to a

technology management plan made pursuant to paragraph II-B-2 below,

such as scientists visiting primarily in the furtherance of their education,

shall receive rights to any intellectual property resulting from their visit

and work under the policies of the host institution. In addition, each

visiting researcher named as an inventor shall be entitled to treatment as a

national of the host country with regard to awards, bonuses, benefits, or

any other rewards.

2(a) For intellectual property created during joint research, the cooperating

entities shall jointly develop a technology management plan. The

technology management plan shall consider the relative contributions of

the cooperating entities, the benefits of licensing by territory or for fields of

use, requirements imposed by the Parties' domestic laws, and other factors

deemed appropriate. The initial research cooperation arrangement may

include the technology management plan for that specific cooperation. The

technology management plan shall address at least the following issues:
12

(1) ownership of any intellectual property created during the joint

research;

(ii) the scope of any licenses to use the intellectual property;

(iii) allocation of responsibilities for protecting and enforcing rights in

the intellectual property;

(iv) arrangements for commercializing the intellectual property,

including rights to revenues derived therefrom.

2(b) If the cooperating entities cannot reach agreement on a joint technology

management plan within a reasonable time not to exceed six months from

the time a cooperating entity became aware of the creation of the

intellectual property in question, the Parties shall resolve the matter in

accordance with the provisions of paragraph I.D. Pending resolution of the

matter, such intellectual property shall be owned jointly by the cooperating

entities, but shall be commercially exploited (including product

development) only by mutual agreement.

2(c) A specific programme of research will be regarded as joint research for

purposes of allocating rights to intellectual property only when it is

designated as such in writing by the cooperating entities; otherwise, the

allocation of rights to intellectual property will be in accordance with

paragraph II.B.1.

2(d) In the event that a Party believes that a particular joint research project

under this Agreement will lead, or has led, to the creation or furnishing of

intellectual property of a type not protected by the applicable laws of one

of the Parties, the Parties shall immediately hold discussions to determine

the allocation of the rights to the said intellectual property; the joint

activities in question will be suspended during the discussions, unless

otherwise agreed by the Parties. If no agreement can be reached within a

three month period from the date of the request for discussions, the

cooperating entities shall cease their cooperation in the project in question.

Notwithstanding paragraphs II.B.2.a and II.B.2.b, rights to any intellectual
13

property which has been created will be resolved between the Parties in

accordance with the provisions of paragraph I.D.

Section III - Business-Confidential Information

In the event that information identified in a timely fashion as business-confidential is

furnished or created under this Agreement, each cooperating entity shall protect such

information in accordance with applicable laws, regulations, and administrative practice.

Information may be identified as business-confidential information 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; 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. Without prior written consent, the receiving cooperating entity may not

disclose any business-confidential information provided to it by another cooperating entity

except to appropriate employees and government personnel. If expressly agreed between

the cooperating entities, business-confidential information may be disclosed by the

receiving cooperating entity to prime and subcontractors. Such disclosures shall be for

use only within the scope of their contracts with their cooperating entities relating to

cooperation under this Agreement. The cooperating entities shall impose, or shall have

imposed, an obligation on those receiving such information to keep it confidential. If one

of the cooperating entities becomes aware that, under the laws or regulations applicable to

it, it will be, or may reasonably expected to become, unable to meet the non-disclosure

provisions, it shall immediately inform the other cooperating entity. The cooperating

entities shall thereafter agree on an appropriate course of action.

Section IV - Inventions or Discoveries Employing Classified Information

A. No patent application with respect to any classified invention or discovery

employing classified information which has been communicated or exchanged

pursuant to this Agreement may be filed:

1. by either Party or any person in the country of the other Party except in

accordance with agreed conditions and procedures; or
14

2. in any country not a party to this Agreement except as may be agreed and

subject to paragraphs 8.1 through 8.4 of this Agreement.

B. Appropriate secrecy or prohibition orders shall be issued for the purpose of giving

effect to this Section IV.