TREATIES AND OTHER INTERNATIONAL ACTS SERIES 13048 

________________________________________________________________________ 

SCIENTIFIC COOPERATION 

 Agreement Between the 

UNITED STATES OF AMERICA 

and SLOVENIA 

Signed at Ljubljana June 21, 1999 

 with 

Annexes 
 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.” 
 SLOVENIA 

 Scientific Cooperation 

Agreement signed at Ljubljana June 21, 1999; 

Entered into force December 17, 1999. 

With annexes. 
AGREEMENT BETWEEN

THE GOVERNMENT OF THE UNITED STATES OF AMERICA

AND

THE GOVERNMENT OF THE REPUBLIC OF SLOVENIA

FOR SCIENTIFIC AND TECHNOLOGICAL COOPERATION

The Government of the United States of America and the

Government of the Republic of Slovenia (hereinafter referred to

as "the Parties");

Recognizing the importance of science and technology in

the development of prosperous national economies;

Convinced that international cooperation in science and

technology will strengthen the bonds of friendship and

understanding between their peoples and will advance the state

of science and technology to the benefit of both countries;

Wishing to resume and extend the scientific and

technological cooperation which has been developed between the

two countries in the past under the 1993 Science and Technology

Agreement;

Convinced of the need for further developing mutually

beneficial scientific and technological cooperation; and

Recalling the Helsinki Final Act of the Conference on

Security and Cooperation in Europe, and the concluding

documents of follow-up meetings held in Vienna, Bonn, Madrid

and Paris;

Have agreed as follows:

ARTICLE I

1. The Parties shall develop, support and facilitate

scientific and technological cooperation between cooperating

government organizations of their two countries on the basis of

the principles of equality, overall reciprocity, and mutual

benefit. This cooperation may be undertaken in such fields as

basic science, environmental protection, medical sciences and

health, agriculture, engineering research, energy, natural

resources and their useful utilization, standards and

measurements science, science and technology policy and

management, and other areas of science and technology as may be

agreed by the Joint Board established in accordance with

Articles VIII and IX of this Agreement.
2. Cooperative activities under this Agreement may include

coordinated programs and joint research projects, studies, and

investigations; joint scientific courses, workshops,

conferences and symposia; exchange of science and technology

information and documentation in the context of cooperative

activities; exchange of plant and animal genetic resources;

exchange of scientists, specialists, and researchers; exchange

or sharing of equipment or materials; and other forms of

scientific and technological cooperation as may be agreed by

the Joint Board.

ARTICLE II

Cooperation under this Agreement shall be conducted in

accordance with the applicable national laws and regulations of

the Parties and subject to the availability of personnel and

appropriate funds.

ARTICLE III

1. Cooperative activities under this Agreement shall take

place under implementing memoranda of understanding or other

arrangements (hereinafter "implementing arrangements")

concluded between government organizations of the two Parties

(see Article X). Such implementing arrangements may cover the

subjects of cooperation, procedures, funding, allocation of

costs, and other relevant matters.

2. Activities previously initiated shall continue under,

and be governed by, the provisions of this Agreement.

ARTICLE IV

With respect to cooperative activities under this

Agreement, each Party shall, in accordance with its laws and

regulations, facilitate:

(a) prompt and efficient entry into and exit from its territory

of appropriate equipment, instrumentation and project

information;

(b) prompt and efficient entry into and exit from its territory

and domestic travel and work of persons participating in the

implementation of this Agreement; and

(c) provision of access to relevant geographic areas, data,

materials, institutions, and persons participating in the

implementation of this Agreement.

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ARTICLE V

Provisions for the protection and allocation of

intellectual property created or furnished in the course of

cooperative activities under this Agreement are set forth in

Annex A. Provisions for security of information and concerning

transfer of technology are set forth in Annex B. Annexes A and

B shall constitute an integral part of this Agreement.

ARTICLE VI

Scientific and technological information of a nonproprietary nature derived from the cooperative activities

under this Agreement shall be made available, unless otherwise

agreed in writing under implementing arrangements, to the world

scientific community through customary channels and in

accordance with current procedures of the cooperating

government organizations.

ARTICLE VII

Nothing in this Agreement shall prejudice arrangements for

scientific and technological cooperation not under this

Agreement between cooperating government organizations of the

Parties.

ARTICLE VIII

For the purposes of implementing this Agreement, the

Parties shall establish a U.S.-Slovenia Joint Board on

Scientific and Technological Cooperation (hereinafter the

"Joint Board"). The Joint Board shall:

(a) recommend to the Parties overall policies under the

Agreement;

(b) identify fields and forms of cooperation in accordance with

Article I;

(c) prepare periodic reports concerning the activities of the

Joint Board and cooperative activities undertaken under this

Agreement for submission to the Secretary of State of the

United States of America and the Minister of Science and

Technology or the Minister of Foreign Affairs of the

Republic of Slovenia; and

(d) undertake such further functions as may be agreed by the

Parties.

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ARTICLE IX

1. The Joint Board shall consist of four government

representatives, two of whom shall be designated by, and serve

at the pleasure of, the Government of the United States of

America and two of whom shall be designated by, and serve at

the pleasure of, the Government of the Republic of Slovenia.

Each Party may designate alternate members.

2. The Joint Board shall meet periodically, alternating in

the United States and Slovenia, as agreed by the Parties. Each

Party will bear the expenses of its members or other

participants.

3. The Joint Board shall select a chairman from among its

members for a one year term.

4. The Joint Board shall act by consensus.

ARTICLE X

1. Each Party shall have an Executive Agent. The Executive

Agents shall be the Department of State for the United States

of America and the Ministry of Science and Technology for the

Republic of Slovenia.

2. The Executive Agents shall exercise overall oversight,

management and coordination of cooperative activities under

this Agreement other than those carried out under implementing

arrangements entered into under Article III and which are

directly funded by participating government organizations.

3. The Executive Agents shall prepare working papers for

sessions of the Joint Board.

ARTICLE XI

1. This Agreement shall enter into force on the date on

which the Government of the Republic of Slovenia notifies the

Government of the United States of America that all necessary

legal requirements for entry into force of this Agreement have

been fulfilled. This Agreement shall remain in force for five

years. It will be automatically extended for consecutive

periods of five (5) years unless terminated by at least ninety

(90) days prior written notice to the other Party.

2. Either Party may terminate this Agreement at any time

upon six-months prior written notice to the other Party. Unless

otherwise agreed by the Parties, the termination of this

Agreement shall not affect the completion of any cooperative

activity undertaken under this Agreement and not fully

completed at the time of the termination of this Agreement. 4
3. This Agreement may be amended in writing by the

agreement of the Parties.

IN WITNESS WHEREOF, the undersigned, being duly authorized by

their respective Governments, have signed this Agreement.

	

DONE at	Ljubljana, in duplicate, this 21 day of June,

1999, in the English and Slovene languages, both texts being

equally authentic.

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FOR THE GOVERNMENT OF THE

UNITED STATES OF AMERICA

FOR THE GOVERNMENT OF THE

REPUBLIC OF SLOVENIA
ANNEX A

INTELLECTUAL PROPERTY

Pursuant to Article V of this Agreement, the Parties shall

ensure adequate and effective protection of intellectual

property created or furnished under this Agreement and relevant

implementing arrangements. The Parties 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.

I.SCOPE

A. This Annex is applicable to all cooperative activities

undertaken pursuant to this Agreement, except as otherwise

specifically agreed by the Parties or their designees.

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 Parties. Each Party shall ensure that

the other Party can obtain the rights to intellectual property

allocated in accordance with the Annex, by obtaining those

rights from its own participants through contracts or other

legal means, if necessary. This Annex does not otherwise alter

or prejudice the allocation of rights between a Party and its

nationals, which shall be determined by that Party's laws and

practices.

D. Disputes concerning intellectual property arising under this

Agreement should be resolved through discussions between the

concerned participating institutions or, if necessary, the

Parties or their designees. 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 the United

Nations Commission on International Trade Law (UNCITRAL) shall

govern.

E. Termination or expiration of this Agreement shall not affect

rights or obligations under this Annex.
II. ALLOCATION OF RIGHTS

A. Each Party shall be entitled to a non-exclusive,

irrevocable, royalty-free license in all countries to

translate, reproduce, and publicly distribute scientific and

technical journal articles, reports, and books 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.

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, for example, scientists visiting

primarily in furtherance of their education, shall receive

intellectual property rights under the policies of the host

institution. In addition, each visiting researcher named as an

inventor shall be entitled to share in a portion of any

royalties earned by the host institution from the licensing of

such intellectual property.

2. (a) For intellectual property created during joint

research, for example, when the Parties, participating

institutions, or participating personnel have agreed in advance

on the scope of work, each Party shall be entitled to obtain

all rights and interests in its own territory. Rights and

interests in third countries will be determined in implementing

arrangements. If research is not designated as "joint research"

in the relevant implementing arrangements, rights to

intellectual property arising from the research will be

allocated in accordance with paragraph II.B.1. In addition,

each person named as an inventor shall be entitled to share a

portion of any royalties earned by either institution from the

licensing of the property.

(b) Notwithstanding paragraph II.B.2.(a), if a type

of intellectual property is protected under the laws of one

Party but not the other Party, the Party whose laws provide for

this type of protection shall be entitled to all rights and

interests worldwide. Persons named as inventors of the property

shall nonetheless be entitled to royalties as provided in

paragraph II.B.2.(a).

III. BUSINESS-CONFIDENTIAL INFORMATION

In the event that information identified in a timely fashion as

business-confidential is furnished or created under the

Agreement, each Party and its participants shall protect such

information in accordance with applicable laws, regulations,

and administrative practice. Information may be identified as

"business-confidential" if a person having the information may

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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.

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ANNEX B

SECURITY OBLIGATIONS

I. PROTECTION OF INFORMATION

Both Parties agree that no information or equipment requiring

protection in the interests of national defense or foreign

relations of either Party and classified in accordance with the

applicable national laws and regulations shall be provided

under this Agreement. In the event that information or

equipment which is known or believed to require such protection

is identified in the course of cooperative activities

undertaken pursuant to this Agreement, it shall be brought

immediately to the attention of the appropriate officials and

the Parties shall consult concerning the need for and level of

appropriate protection to be accorded such information or

equipment.

II. TECHNOLOGY TRANSFER

The transfer of unclassified export-controlled information or

equipment between the Parties shall be in accordance with the

relevant laws and regulations of each Party to prevent the

unauthorized transfer or retransfer of such information or

equipment provided or produced under this Agreement. If either

Party deems it necessary, detailed provisions for the

prevention of unauthorized transfer or retransfer of such

information or equipment shall be incorporated into the

contracts or implementing arrangements.