TREATIES AND OTHER INTERNATIONAL ACTS SERIES 13-708 

________________________________________________________________________ 

SCIENTIFIC COOPERATION 

 Agreement Between the 

UNITED STATES OF AMERICA 

and TURKEY 

Signed at Washington October 20, 2010 

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.” 
 TURKEY 

Scientific Cooperation 

 Agreement signed at Washington 

 October 20, 2010; 

 Entered into force July 8, 2013. 

 With annexes. 

 
AGREEMENT

ON

SCIENTIFIC AND TECHNOLOGICAL COOPERATION

BETWEEN

THE GOVERNMENT OF THE UNITED STATES OF AMERICA

AND

THE GOVERNMENT OF THE REPUBLIC OF TURKEY

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

Republic of Turkey (hereinafter referred to as the "Parties"),

Realizing that international cooperation in science and technology for

peaceful purposes will strengthen the bonds of friendship and understanding

between their peoples and will advance the state of science and technology

of both countries, as well as mankind;

Believing that enhancement of Turkish-American cooperation on scientific

and technological matters will deepen and diversify the friendly relations

between the two countries;

Recognizing their common responsibility for contributing to the world's

future prosperity and well being, and desiring to make further efforts to

strengthen their respective national research and development policies for

peaceful purposes;

Bearing in mind that scientific and technological cooperation is an important

requirement for the development of national economies;

Intending to strengthen their economic cooperation through specific and

advanced technology applications;

Wishing to establish dynamic and effective international cooperation

between organizations and individual scientists in both countries;

Recognizing that cooperative activities would facilitate exchange and

diffusion of technologies and sharing of expertise between the countries; and

Taking into consideration in this regard the relevant resolutions of the

United Nations main bodies and their specialized agencies;

Have agreed as follows:
ARTICLE I

1. The purposes of this Agreement are to strengthen scientific and

technological capabilities of the Parties, to broaden and expand relations

between the extensive scientific and technological communities of both

countries, and to promote scientific and technological cooperation in areas of

mutual benefit for peaceful purposes.

2. The principal objectives of this cooperation are to provide opportunities

to exchange ideas, information, skills, and technologies for peaceful

purposes, and to collaborate on scientific and technological endeavors of

mutual interest.

ARTICLE II

Cooperative activities under this Agreement will be conducted in accordance

with the applicable laws, regulations, and procedures in both countries and

will be subject to the availability of appropriated and other funds and

personnel.

ARTICLE III

1. The Parties will encourage cooperation through exchanges of scientific

and technological information and knowledge; exchanges of scientists and

technical experts; the convening of seminars and meetings; the training of

scientists and technical experts; the conduct of joint cooperative research

projects; educational exchanges related to science, technology and

engineering; the establishment of science-based public-private partnerships;

the use of facilities and specific equipment, as appropriate; and other forms

of scientific and technological cooperation and technology transfer as may

be mutually agreed upon.

2. Cooperation under this Agreement will be based on mutual

responsibilities and equitable contributions and benefits, commensurate with

the Parties' respective scientific and technological strengths and resources.

3. Priority will be given to collaborations that can advance common goals in

scientific research and education, and support partnerships between public

and private research institutions and industry. Areas of potential scientific

cooperation include, but are not limited to;

a) earthquake early warning and preparedness,

b) environmental pollution reduction including exchange of scientific

expertise, research technology and hazard mitigation,

c) climate change, mitigation, and adaptation,

d) marine and coastal research and water resources, - including exchange

of scientific expertise on deepwater research technology,

e) avian influenza and other infectious diseases,

0 other mutual priorities in health and biomedical research,

bioinformatics and biotechnology,

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g) information and communication technologies, such as e-Government,

e-Health, e-Commerce and e-Education,

h) nanotechnology,

i) energy including energy efficiency, renewables, and new

technologies,

j) emission reducing technologies,

k) hydrogen energy and fuel-cell technology,

1) sustainable management of environmentally protected areas,

m) space technology,

n) social sciences and humanities,

o) waste management,

p) epidemiology, animal welfare and fishery diseases,

r) enhanced oil recovery methods, deep sea drilling technologies,

treatment of oil field wastewater and clean up oil spills on land and

water.

4. This Agreement does not preclude or preempt other forms of cooperation

between the Parties under separate arrangements or agreements.

ARTICLE IV

1. The Parties will encourage and facilitate, where appropriate, the

development of direct contacts and cooperation between government

agencies, universities, research centers, institutions, private sector

companies, and other entities of both countries.

2. Government agencies of the Parties may conclude under this Agreement

implementing agreements or arrangements, as appropriate, in specific areas

of science, technology and engineering. These implementing agreements or

arrangements will cover, as appropriate, topics of cooperation, procedures

for personnel exchanges or program participants; procedures for transfer and

use of materials, equipment and funds, and other relevant issues.

3. In case of any inconsistent or ambiguous provisions in an implementing

agreement or arrangement, the provisions of this Agreement will prevail,

unless otherwise agreed by written consent of the Parties.

ARTICLE V

Scientists, technical experts, government agencies and institutions of third

countries or international organizations may, in appropriate cases, be invited

with the consent of both Parties. Parties will participate at their own

expense, unless otherwise agreed, in projects and programs being carried out

under this Agreement.

ARTICLE VI

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1. The Parties agree to consult periodically and at the request of either Party

concerning the implementation of this Agreement and the development of

their cooperation.

2. a) To this end, the Parties will establish a Joint Committee to coordinate,

facilitate, and review cooperative activities under this Agreement, composed

of an equal number of representatives designated by the Parties.

b) The Joint Committee will be co-chaired by a designated official of the

Department of State of the Government of the United States of America and

a designated official of the Ministry of Foreign Affairs of the Government of

the Republic of Turkey.

c) The Joint Committee will meet periodically and at the request of either

Party, either by person or through electronic means once a year at least, to

discuss common goals and implementation of this Agreement. In-person

meetings of the Joint Committee will alternate between Turkey and the

United States, or as agreed to by the Parties.

3. Each Party will also designate an Agreement Coordinator to conduct

administrative affairs and, as appropriate, to provide oversight and

coordination of activities under this Agreement. The Coordinator for the

United States of America will be the State Department's Bureau of Ocean

Environment and Science, Office of Science and Technology Cooperation.

The Coordinator for the Republic of Turkey will be the Ministry of Foreing

Affairs's Directorate General for the Americas. The names and the contact

information of the Agreement Coordinators will be exchanged through

diplomatic channels following the date of the entry into force of this

Agreement.

ARTICLE VII

1. Scientific and technological information of a non-proprietary nature

resulting from cooperation under this Agreement, other than information that

may not be disclosed for national security, legal, commercial or industrial

reasons, will be made available, unless otherwise agreed, to the world

scientific community through customary channels and in accordance with

applicable laws of the Parties and the normal procedures of the participating

agencies and entities. No warranty of suitability of information exchanged

under this Agreement is implied or given.

2. The treatment of intellectual property created or furnished in the course

of cooperative activities under this Agreement is provided for in Annex I,

which will apply to all activities conducted under this Agreement unless

agreed otherwise by the Parties or their designees in writing.

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3. Security obligations for sensitive information or equipment and

unclassified export-controlled information or equipment transferred under

this Agreement are provided for in Annex II.

4. Annexes I and II are integral parts of this Agreement.

ARTICLE VIII

1. Each Party will facilitate, as appropriate and in accordance with its laws

and regulations, entry into and exit from its territory of appropriate

personnel and equipment of the other Party, as well as other materials, data,

and specimens used or engaged as part of projects and programs under this

Agreement.

2. Each Party will facilitate, as appropriate and in accordance with its laws

and regulations, access of persons of the other Party participating in

cooperative activities under this Agreement to its relevant institutions, data,

materials, and individual scientists, specialists and researchers, as needed to

carry out those activities.

3. Each Party will facilitate and encourage, as appropriate and in accordance

with its laws and regulations, the exchange of material and equipment

considered necessary to carry out science and technology cooperation

provided for under this Agreement.

ARTICLE IX

In the event that differences arise between the Parties with regard to the

interpretation or application of the provisions of this Agreement, the Parties

will resolve them by means of negotiations and consultations.

ARTICLE X

1. This Agreement will enter into force on the date of the last written

notification by which the Parties notify each other, through diplomatic

channels, of the completion of their respective legal requirements

necessary for the entry into force of this Agreement and will remain in

force for a period of ten (10) years and shall be automatically extended

for further ten year periods unless either Party notifies the other Party in

writing of its intention to terminate this Agreement at least ninety days

before it is due to expire.

2. This Agreement may be terminated at any time by either Party upon

ninety days written notice to the other Party.

3. This Agreement may be amended by written consent of the Parties. If a

Party wishes to amend the Agreement, it shall provide notice to the other

Party in writing through diplomatic channels of its desire to do so. Once

agreed, amendments shall enter into force in accordance with the

procedure described in paragraph 1 of this Article.

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4. Unless otherwise agreed, termination of this Agreement will not affect the

implementation of any cooperative activity carried out under this

Agreement and not completed upon termination of this Agreement.

Notwithstanding the termination of this Agreement, the obligations set

forth in Annexes I and II, will continue to apply unless otherwise agreed

in writing by the Parties.

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

respective Governments, have signed this Agreement.

DONE at Washington in duplicate, this 20th day of October, 2010, in the

English and Turkish languages, each text being equally authentic.

FOR THE GOVERNMENT

OF THE UNITED STATES

OF AMERICA:

-

FOR THE GOVERNMENT

OF THE REPUBLIC

OF TURKEY:

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ANNEX I

INTELLECTUAL PROPERTY RIGHTS

I. General Obligation

The Parties will ensure adequate and effective protection of

intellectual property created or furnished under this Agreement and relevant

implementing agreements or arrangements. Rights to such intellectual

property will be allocated as provided in this Annex.

II. 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" will mean

the subject matter listed in Article 2 of the Convention Establishing

the World Intellectual Property Organization, done at Stockholm,

July 14, 1967 and may include other subject matter as agreed by

the Parties.

C. Each Party will ensure, through contracts or other legal means with

its own participants, if necessary, that the other Party can obtain

the rights to intellectual property allocated in accordance with this

Annex. This Annex does not otherwise alter or prejudice the

allocation between a Party and its nationals, which will be

determined by that Party's laws and practices.

D Except as otherwise provided in this Agreement, disputes

concerning intellectual property arising under this Agreement will

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 will be

submitted to an arbitral tribunal for binding arbitration in

accordance with the international agreements concerning

intellectual property rights to which both Parties are members.

Unless the Parties or their designees agree otherwise in writing,

the arbitration rules of United Nations Commission on

International Trade Law will govern.

E. Termination or expiration of this Agreement will not affect rights

or obligations under this Annex unless otherwise agreed in writing

by the Parties.

III. Allocation of Rights

A. Each Party will be entitled to a non-exclusive, irrevocable, royaltyfree 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 will 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 paragraph IIIA above, will be allocated as follows:

(1) Visiting researchers and scientists will receive rights,

awards, bonuses and royalties in accordance with the

standard practices of the host institutions. In addition, each

visiting researcher named as a creator shall be entitled to

national treatment with regards to such rights, awards,

bonuses and royalties in accordance with the policies of the

home institution.

(2) (a) Any intellectual property created by persons employed at

or sponsored by one Party under cooperative activities other

than those covered by paragraph III.B(1) shall be owned by

that Party. Intellectual property created by persons employed

or sponsored by both Parties shall be jointly owned by both

Parties. In addition, each creator shall be entitled to awards,

bonuses and royalties in accordance with the standard

practices of the institution employing or sponsoring that

person.

(b) Unless otherwise agreed by the Parties, each party shall

have within its territory a right to exploit or license

intellectual property created in the course of the cooperative

activities.

(c) For intellectual property created during joint research,

the Parties or their concerned participants shall develop a

joint technology management plan prior to the start of their

cooperation in research areas likely to lead rapidly to

industrial applications, or within a reasonable time from the

time a Party becomes aware of the creation of intellectual

property.

(i) "Joint research" means research that is implemented

with financial support from one or both Parties and

that involves collaboration by participants from both

the United States of America and the Republic of

Turkey and is designated joint research in writing by

both the Parties or their scientific and technological

organizations and agencies, or in the cases where

there is funding by one Party, by that Party and the

participants in that project. If the research is not

designated as joint research, the allocation of rights to

intellectual property will be in accordance with

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Paragraph III.B.1 for visiting researchers or Paragraph

IIIB(2)(a) for all other research.

(ii) The technology management plans shall consider the

contributions of the Parties and their concerned

participants, the benefits of exclusive and nonexclusive licensing by territory of fields of use,

requirements imposed by the Parties' domestic laws,

and other factors deemed appropriate. If needed, the

technology management plan shall be jointly modified

subject to the approval of both Parties and their

concerned participants.

(d) Unless otherwise agreed in an implementing agreement

or other arrangement, each Party will have within its

territory a right to exploit or license intellectual property

created in the course of the cooperative activities.

(3) The rights of a Party outside its territory will be determined

by mutual agreement considering the relative contributions

of the Parties and their participants to the cooperative

activities, the degree of commitment in obtaining legal

protection and licensing of the intellectual property and such

other factors deemed appropriate.

(4) Notwithstanding paragraphs 111.B(2)(a) and (b) above, if

either Party believes that a particular project is likely to lead

to or has led to the creation of intellectual property not

protected by the laws of the other Party, the concerned

participating institutions , or if necessary, the Parties will

immediately hold discussions to determine the allocation of

rights to the said intellectual property. Pending the

resolution of the matter, the intellectual property shall not be

commercially exploited except by mutual agreement.

Creators of intellectual property will nonetheless be entitled

to [awards, bonuses and royalties as provided in paragraph

III.B.2(a).

(5 ) For each invention made under any cooperative activity, the

Party employing or sponsoring the inventor(s) will disclose

the invention promptly to the other Party together with any

documentation and information necessary to enable the other

Party to establish any rights to which it may be entitled.

Either Party may ask the other Party in writing to delay

publication or public disclosure of such documentation or

information for the purpose of protecting its rights in the

invention. Unless otherwise agreed in writing, the delay will

not exceed a period of six months from the date of

disclosure by the inventing Party to the other Party.

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IV. Business Confidential Information

In the event that information identified in a timely fashion as

business-confidential is furnished or created under this Agreement, each

Party and its participants will protect such information in accordance with

applicable laws, regulations, and administrative practices. Information may

be identified as "business-confidential" 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, and 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 II

PROTECTION OF SENSITIVE INFORMATION AND

TECHNOLOGY TRANSFER

1. Unless otherwise agreed in relevant implementing agreements or

arrangements, 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 will 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 will be brought immediately

to the attention of the appropriate officials and the Parties will consult

concerning the need for and level of appropriate protection to be

accorded such information or equipment.

2. The transfer of unclassified export-controlled information or equipment

between the two countries will 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 necessary, detailed

provisions for the prevention of unauthorized transfer or retransfer of

such information or equipment, and any information or equipment

derived from such information or equipment, will be incorporated into

implementing agreements or arrangements. Parties shall identify

export-controlled information and equipment as well as any

restrictions on further use or transfer of such information or

equipment.

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NOTE: Attached is Turkish text as corrected by exchanges of Diplomatic Notes of May 18, June 17, and June 18, 2012 between the Ministry of Foreign Affairs of Turkey 

and the United States Ambassador to Turkey.