TREATIES AND OTHER INTERNATIONAL ACTS SERIES 12-1130 

________________________________________________________________________ 

SCIENTIFIC COOPERATION 

Earth Observation 

 Memorandum of Understanding 

 Between the 

UNITED STATES OF AMERICA 

and GERMANY 

Signed at Washington November 30, 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.” 
 GERMANY 

 Scientific Cooperation: Earth Observation 

 Memorandum of understanding signed at Washington 

 November 30, 2012; 

 Entered into force November 30, 2012. 

 
GM-10.0000

MEMORANDUM OF UNDERSTANDING

BETWEEN

THE U.S. GEOLOGICAL SURVEY

OF THE

DEPARTMENT OF THE INTERIOR

OF THE

UNITED STATES OF AMERICA

AND THE

GERMAN AEROSPACE CENTER

CONCERNING

COOPERATION IN EARTH OBSERVATION

ARTICLE I. SCOPE AND OBJECTIVES 

1. The Parties to this Memorandum of Understanding (MOU) are the U.S. Geological

Survey of the Department of the Interior of the United States of America (hereinafter "USGS")

and the German Aerospace Center, with its main offices at Linder Hoehe, D-51147 Koeln,

Germany, (hereinafter "DLR"). The USGS and DLR (hereinafter "Party" or "Parties") hereby

agree to pursue cooperation in Earth observation.

2. This MOU shall be an implementing agreement under the Agreement between the

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

Germany on Science and Technology Cooperation, signed at Washington February 18, 2010

(hereinafter "S&T Agreement"), in accordance with Article 6.7 of the S&T Agreement. In the

event of a conflict between the provisions of this MOU and the S&T Agreement, the terms of the

S&T Agreement shall govern.

ARTICLE II. COOPERATIVE ACTIVITIES 

1. Forms of cooperation under this MOU may consist of exchanges of technical

information, visits, training, and cooperative research consistent with 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, including observation and monitoring;

B. Scientific and technological knowledge exchange, especially through lectures,

workshops, publications;

C. Implementation of joint research activities;

D. Support with Earth observation ground infrastructure;

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E. Exchange of Earth observation data;

F. Exchange of personnel in support of ongoing programs;

G. Cooperative projects in education and outreach, wherein the Parties will coordinate

or combine efforts in the development, distribution, and/or presentation of

information on the applications and benefits of Earth observation data, featuring data

acquired by USGS and/or DLR spaceborne or airborne sensors;

H. Earth observation research applications for disaster monitoring; or

I. Other relevant areas of mutual interest.

2. Activities under this MOU shall be undertaken consistent with the laws, regulations, and

procedures of each Party. For the avoidance of doubt, each Party to this MOU may, in its sole

discretion, by written notification to the other Party, terminate this MOU with immediate effect

at any time if this MOU forces it to violate any applicable law or any of its contractual

obligations towards third parties.

3. The Parties shall encourage and facilitate, where appropriate and possible, the

development of direct contacts and cooperation among their countries' government agencies,

universities, research centers, institutions, private sector companies, and other entities.

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

the laws and policies of each Party's government, invite third parties such as government entities

or agencies of the United States and Germany, 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 MOU, subject to such terms and conditions

as the Parties may specify.

ARTICLE III. DATA EXCHANGE

The Parties agree to the full and open sharing of earth science, space science, and operational

environmental monitoring data from joint activities under this MOU for scientific projects under

this MOU as soon as such data become available and without restrictions on the archiving,

distribution or redistribution of such data. Such data include, but are not limited to, observation

data, metadata, products, information, algorithms, scientific source code, documentation, models,

images, and research results. The Parties shall not charge more than the costs of reproduction

and delivery of the data. The obligations set forth in this paragraph are to be implemented to the

extent possible and only if such obligations do not conflict with a Party's legal and/or contractual

duties.

Data released under this Article are subject to the provisions for the protection of intellectual

property, classified information, and unclassified export-controlled information in Article VI of

this MOU and Article 9 of the S&T Agreement.

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ARTICLE IV. AVAILABILITY OF RESOURCES

All activities under this MOU shall be subject to the availability of personnel, resources, and

appropriated funds. This MOU shall not be construed to obligate any particular expenditure or

commitment of resources or personnel.

ARTICLE V. FEE AND TAX EXEMPTION

Consistent with its laws and regulations, each Party shall work toward obtaining, 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 the import, export, purchase, ownership, use, or

disposition of goods (including personal property) and services by or on behalf of the other Party

in support of activities under this MOU.

ARTICLE VI. 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 MOU shall be governed by Annex I of the S&T

Agreement. Provisions for the protection of classified information and unclassified exportcontrolled information and equipment shall be governed by Annex II of the S&T Agreement.

ARTICLE VII. DISCLAIMER

Information transmitted by one Party to the other Party under this MOU 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 application by the

receiving Party or by any third party.

ARTICLE VIII. 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 review the activities conducted under this MOU and develop

proposals for future activities, as appropriate. For the avoidance of doubt, such designated

representative shall not be allowed to act as a legal representative.

ARTICLE IX. PROJECT ANNEXES

Any activity carried out under this MOU shall be agreed upon in advance by the Parties in

writing. Whenever more than the exchange of technical information or visits of individuals are

contemplated, such activity shall be described in an agreed Project Annex (PA) to this MOU,

which shall set forth in terms appropriate to the activity and its legal circumstances: a work plan,

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staffing requirements, cost estimates, funding sources, and other undertakings, obligations, or

conditions not included in this MOU such as liability regulations. In case of any inconsistency

between the terms of this MOU and the terms of a PA, the terms of this MOU shall control.

ARTICLE X. ENTRY INTO FORCE, TERMINATION, AND AMENDMENT

1. This MOU shall enter into force upon signature and shall remain in force for five (5)

years. It shall be automatically extended thereafter for successive periods of five (5) years.

2. Without prejudice to Article II, section 2 of this MOU, either Party may terminate this

MOU by providing ninety (90) days' prior written notice to the other Party. Unless otherwise

agreed, the termination of this MOU shall not affect the validity or duration of activities under

this MOU that have been initiated prior to such termination. The terms of this MOU shall

continue to apply to such activities until they are discontinued.

3. This MOU may be amended by written agreement of the Parties.

Done in Washington, D.C. in English.

FOR THE U.S. GEOLOGICAL SURVEY

OF THE DEPARTMENT OF THE INTERIOR

OF THE UNITED STATES OF AMERICA:

it-Nan Qvc1,_ k,AcK_C\4333_ 

Signature

Marcia McNutt

Name

Director

Title

FOR THE

GERMAN AEROSPACE CENTER:

Si Iature

Prof. Johann-Dietrich Woerner

Name

Chairman of the Executive Board DLR

November 30, 2012 November 30, 2012

Date

i 

Signa e

Prof. Hans-Joerg Dittus

Name

Member of the Executive Board DLR

Title

November 30, 2012

Date

Date

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