TREATIES AND OTHER INTERNATIONAL ACTS SERIES 12955 

________________________________________________________________________ 

AVIATION 

 Memorandum of Cooperation Between the 

UNITED STATES OF AMERICA 

and SOUTH AFRICA 

 

Signed at Washington and Pretoria 

May 15 and 20, 1998 

 
 

 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.” 
 SOUTH AFRICA 

 Aviation

Memorandum of cooperation signed at Washington and Pretoria 

 May 15 and 20, 1998; 

Entered into force May 20, 1998. 
MEMORANDUM OF COOPERATION (NAT-I-3421)

BETWEEN

FEDERAL AVIATION ADMINISTRATION

DEPARTMENT OF TRANSPORTATION

UNITED STATES OF AMERICA

AND THE

CIVIL AVIATION AUTHORITY

DEPARTMENT OF TRANSPORT

REPUBLIC OF SOUTH AFRICA

WHEREAS, the Federal Aviation Administration of the Department of Transportation of

the United States of America, hereinafter referred to as the FAA, and the Civil Aviation

Authority of the Department of Transport of the Republic of South Africa, hereinafter referred to

as the CAA, have as a common purpose the promotion and development of technical cooperation

in air navigation and air traffic control between the two countries, and;

WHEREAS, the Administrator of the FAA is authorized to develop, modify, test, and

evaluate systems, procedures, facilities and devices to meet the needs for safe and efficient

systems in civil aviation; and

WHEREAS, such cooperation will encourage and foster the development of civil

aeronautics and air commerce in the U.S. and abroad;

NOW THEREFORE, the FAA and the CAA, hereinafter referred to as the parties, agree

to undertake joint programs, in accordance with the following terms and conditions.

ARTICLE I - PURPOSE OF AGREEMENT

A. The purpose of this Memorandum of Cooperation (MOC) is to establish an umbrella

agreement for mutual cooperation in the area of air navigation and air traffic control. For this

purpose the parties may, subject to the availability of appropriated funds and necessary resources,

provide personnel, resources, and related services to cooperate to the extent called for in the

annexes to this MOC.
NAT-I-3421

Page 2 of 6

B. This purpose may be achieved by cooperation in any of the following areas:

1. The exchange of information regarding programs and projects, research results or

publications.

2. The execution of joint analyses.

3. The coordination of research and development programs and projects and their

execution based on shared effort.

4. The exchange of scientific and technical staff.

5. The exchange of specific equipment and systems for research activities and

compatibility studies.

6. The joint organization of symposia or conferences.

7. Reciprocal consultations with the aim of establishing concerted action in appropriate

international bodies.

ARTICLE II - FUNDING 

Unless otherwise specified in the annexes, each party will assume the cost of work to be

done by it, in accordance with specific tasks identified in the annexes.

ARTICLE III - IMPLEMENTATION

A. This MOC shall be implemented through technical annexes, which, when mutually

agreed by both parties, shall form part of this MOC.

B. Representatives from the FAA and the CAA shall meet periodically to discuss

potential new program activities. A joint review of the program status of ongoing activities,

which are the subject of annexes to this MOC, shall be conducted as mutually agreed by the

parties.
NAT-I-3421

Page 3 of 6

ARTICLE IV - EXCHANGE OF PERSONNEL

Under this MOC and as identified in the annexes to this MOC, an exchange of technical

personnel may be undertaken as required to pursue the activities described in the annexes. Such

personnel shall perform work as mutually agreed by the parties in the annexes. Such personnel

may be from the FAA, the Civil Aviation Authority (CAA), or supporting Government agencies,

or contractors as mutually agreed. Administrative support provisions for personnel being

exchanged shall be delineated in each appropriate annex.

ARTICLE V - EOUIPMENT AND LOAN ARRANGEMENTS

A. Equipment may be loaned or exchanged between the parties as may be mutually

agreed in the annexes to this MOC. Such equipment shall be identified in each appropriate

annex. The following general provisions shall apply unless otherwise specified in the annexes:

1. The lender shall, at its own expense, transport any equipment to the borrower's

designated location, identifying its value.

2. The borrower shall assume custody and possession of said equipment upon its

delivery to the designated receiving point.

3. Upon completion of use or expiration or termination of the pertinent annex or the

MOC, the borrower shall return the equipment to the lender at the borrower's expense.

The equipment shall remain in the custody of the borrower until returned to the

lender's designated receiving point.

4. The borrower assumes responsibility for installation of equipment at the borrowers'

location.

5. The party shipping the equipment shall assist in securing export licenses and other

documents with respect to the equipment.

6. The lender shall assist the borrower in locating sources of supplies for common items

and parts peculiar which are not readily available to the borrower.

7. The borrower shall place and install equipment in accordance with the agreed

program plan, as shown in the annex.
NAT-I-3421

Page 4 of 6

8. The borrower shall operate and maintain equipment in proper condition during the

period of the loan, and shall ensure operability of the equipment and shall permit

inspection by the lender at any reasonable time.

9. In the event of loss or damage of any equipment loaned under this MOC and for

which the borrower has assumed custody and possession, the borrower shall

compensate the lender for value of items lost or damaged.

10. Any equipment exchanged under this MOC shall be solely for research or

developmental purposes and shall not be used in any way whatsoever for active civil

aviation or other operational use.

11. Any transfers of technology, equipment or other items pursuant to this MOC shall be

subject to the applicable laws and policies of the parties.

ARTICLE VI - RIGHTS

Except as required by applicable law, neither party shall release any information or

material pertinent to the tasks, or related to the agreed program, to third parties other than

contractors or subcontractors engaged in the program.

ARTICLE VII - LIAISON

Technical program liaison for specific activities will be established as indicated in the

annexes and appendices.

ARTICLE VIII - LIABILITY

A. The CAA, on behalf of the Government of the Republic of South Africa, agrees to

defend any suit brought against the Government of the United States, the FAA, or any

instrumentality or officer of the United States arising out of work performed under this

Memorandum. The CAA, on behalf of the Government of the Republic of South Africa, further

agrees to hold the United States, the FAA, or any instrumentality or officer of the United States

harmless against any claim by the Government of the Republic of South Africa, or by any agency
NAT-I-3421

Page 5 of 6

thereof, or by third persons for personal injury, death, or property damage arising out of work

performed under this Memorandum.

B. It is understood that grossly negligent, fraudulent, or criminal acts resulting in

personal injury, death or property damage shall not be considered activities within the scope of

"work performed under this Memorandum" for the purpose of the obligation of CAA to defend

any suit bought against the United States, the FAA or any instrumentality or officer of the United

States arising out of work performed under the Memorandum.

ARTICLE IX - AMENDMENTS

This MOC or its annexes or its appendices may be amended by mutual consent of the

parties. The details of any such amendment shall be memorialized by written agreement signed

by both parties.

ARTICLE X - RESOLUTION OF DISAGREEMENTS

Any disagreement regarding the interpretation or application of this MOC or its annexes

shall be resolved by consultation between the two parties and will not be referred to any

international tribunal or third party for settlement.

ARTICLE XI - ENTRY INTO FORCE AND TERMINATION

This MOC shall enter into force upon signature of both parties and shall remain in force

until terminated. This MOC or its annexes or appendices may be terminated at any time by

either party by providing sixty (60) days notice in writing to the other party. Termination of this

MOC also shall terminate all annexes and appendices subsequently concluded by the parties

pursuant to this MOC.
NAT-I-3421

Page 6 of 6

ARTICLE XII -- AUTHORITY

The FAA and the CAA agree to the provisions of this MOC as indicated by the signature

of their duly authorized representatives.

FEDERAL AVIATION ADMINISTRATION CIVIL AVIATION AUTHORITY

DEPARTMENT OF TRANSPORTATION DEPARTMENT OF TRANSPORT

UNITED STATES OF AMERICA REPUBLIC OF SOUTH AFRICA 

BY: BY:

Joan W. Bauerlein Reinier Willem van Zyl

Director Chief Director

TITLE: Office of International Aviation TITLE: Civil Aviation Authority

DATE: 5-15-98I DATE: 5-20-98