TREATIES AND OTHER INTERNATIONAL ACTS SERIES 13-529

________________________________________________________________________

REMOTE SENSING

Cooperation

Memorandum of Understanding

 Between the

UNITED STATES OF AMERICA

 and SOUTH AFRICA

Signed at Reston and Hartebeeshoek

February 19 and May 29, 2013

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.”
 SOUTH AFRICA

 Remote Sensing: Cooperation

 Memorandum of understanding signed 

 at Reston and Hartebeeshoek

 February 19 and May 29, 2013;

 Entered into force May 29, 2013.

 With annexes.
SF-08.0000

ACIS Ref. ID: 10543

MEMORANDUM OF UNDERSTANDING

BETWEEN THE

UNITED STATES GEOLOGICAL SURVEY

OF THE DEPARTMENT OF THE INTERIOR

AND THE

SOUTH AFRICAN NATIONAL SPACE AGENCY (SANSA)

FOR COOPERATION IN THE USE OF

U.S. LAND REMOTE SENSING SATELLITE DATA

Page 1 of 9
PREAMBLE

The United States Geological Survey of the United States Department of the Interior and the

South African National Space Agency (SANSA), (hereinafter referred to as "the Parties"),

RECOGNIZING their mutual interest in the use of space technology for peaceful purposes;

NOTING the value of the United States Landsat satellite missions to cooperation among

governments in space-based remote sensing of the Earth's surface;

DESIRING to establish an overall legal framework for cooperation in future land remote

sensing satellite missions;

HAVE AGREED as follows:

ARTICLE 1— PURPOSE AND SCOPE OF COOPERATION

This Memorandum of Understanding (MOU) establishes the terms and conditions under

which the United States Geological Survey (USGS) will provide United States-owned

land remote sensing satellite data and SANSA will receive, process, archive, distribute,

and exchange such data in cooperation with the USGS. This MOU consists of a main

text, a definition of terms annex, and mission-specific annexes. The annexes are an

integral part of this MOU.

ARTICLE 2 — SCIENCE AND TECHNOLOGY AGREEMENT

None.

ARTICLE 3 — RESPONSIBILITIES OF THE PARTIES

A. The USGS shall provide operational land remote sensing satellite service under

the terms of this MOU and shall:

Program land remote sensing satellites to collect and provide remote

sensing data of areas within the acquisition radius of SANSA's ground

station(s) to the extent that such requests can be accommodated by the

spacecraft. The USGS will endeavor to schedule satellite downlink

resources to meet requests from all participating ICs) in an equitable and

balanced manner, subject to conflict-resolution guidelines to be provided

to all stations. Programming details to meet such requests will be

arranged by mutual decision of the Parties' technical representatives.

2. Provide SANSA with orbital elements for calculating the antenna pointing

Page 2 of 9
angles necessary to acquire the satellite-transmitted signals and with the

necessary ancillary and calibration information for processing the data

acquired.

3. Reserve the right to curtail or terminate transmission of satellite data to

SANSA for reasons of (1) spacecraft or USGS ground equipment

limitations, or (2) non-payment of annual access fee as agreed in any

mission-specific Annex to this MOU. In these cases, the USGS will notify

SANSA and discuss the planned action in the most expeditious manner

possible.

Provide to SANSA, upon request by SANSA, reasonable quantities of raw

USGS land remote sensing satellite data extracted from the USGS archive

in an agreed-upon format and delivered electronically or on media at a

price to be negotiated.

5. Provide support for anomaly resolution for USGS land remote sensing

satellite missions.

6. Endeavour to ensure that any radio frequency problem occurring in

relation to data reception by SANSA's ground station(s) is resolved to the

satisfaction of the Parties.

B. SANSA shall:

1. Operate (a) ground station(s) for the reception, processing, archiving,

distribution, and exchange of USGS land remote sensing satellite data at

its own expense, including the cost of establishing and operating the

necessary communication links with the USGS's Mission Operations

Center (MOC) and the USGS's data center located at the Earth Resources

Observation and Science (EROS) Center.

2. Produce land remote sensing satellite data products in accordance with

agreed-upon USGS-sponsored distribution formats.

3. Ensure that all USGS land remote sensing satellite data acquired by

SANSA are available for sale or distribution on a public,

nondiscriminatory basis. This applies to all USGS land remote sensing

satellite data acquired under this and previous Landsat MOUs signed with

U.S. Government agencies.

4. Make available to the USGS, upon request, English-language copies of

any arrangements signed by SANSA concerning the distribution of USGS

land remote sensing satellite data from SANSA. Such arrangements shall

be consistent with this MOU.

5. Maintain a current inventory of its USGS land remote sensing satellite

data holdings and provide at least monthly updates of its metadata to the

Page 3 of 9
USGS in an agreed-upon format, electronically or on agreed-upon media,

once the ground station(s) is (are) operational. These metadata may be

made available publicly through USGS data facilities.

6. Establish and maintain a computer-accessible electronic system, with

external public access, of browse imagery for its USGS land remote

sensing satellite data holdings, or provide browse data at least monthly to

the USGS in an agreed-upon format and on agreed-upon media„ once the

ground station(s) is (are) operational. SANSA browse imagery may be

made available publicly through USGS data facilities.

7. Maintain USGS land remote sensing satellite data that have met SANSA

quality standards in SANSA's archive for at least 10 years following data

acquisition, using accepted archive management practices. If SANSA

plans to discard data, it will issue a purge alert to the USGS, which will be

given first right of refusal to acquire the data at a price to be negotiated.

8. Endeavor to ensure that any radio frequency problem occurring in relation

to data reception by SANSA's ground station(s) is resolved to the

satisfaction of the Parties. Questions concerning radio frequency

interference by the USGS land remote sensing spacecraft raised by entities

in third countries will be referred to the USGS.

9. When requested by the USGS in support of key U. S. Government

programs, provide reasonable quantities of SANSA-held USGS land

remote sensing satellite data, in an agreed-upon format, electronically or

on media, and at a price to be negotiated.

10. Repatriate to the USGS, within 30 days of downlink, any USGS land

remote sensing satellite data received which is unique to SANSA's

archive.

11. For purposes of validating data quality, exchange limited amounts of

SANSA-held USGS land remote sensing satellite data, in an agreed-upon

format, electronically or on media, when requested by the USGS. Data for

this purpose shall be exchanged annually, at no cost to the USGS.

12. When requested by the USGS in response to a significant loss of

spacecraft capability to record data for the USGS archive, routinely

provide sufficient quantities of newly acquired USGS land remote sensing

satellite data to meet U.S. Government mission requirements, in an

agreed-upon format, electronically or on media, at a cost to be negotiated.

For any support necessary to SANSA beyond providing USGS land

remote sensing satellite data to the USGS as described above, the Parties

will negotiate specific financial terms.

13. Communicate with the MOC on spacecraft information, in order to

maximize data collection and efficiency of spacecraft operations.

Page 4 of 9
14. Provide support for anomaly resolution of USGS land remote sensing

satellite missions.

ARTICLE 4 — INTERNATIONAL MISSION COORDINATION

A. Each Party shall designate program representatives to be responsible for the

implementation of this MOU. Supplemental meetings between the Parties will be

held by mutual agreement.

B. Program management representatives from the Parties will participate in annual

meetings of the Landsat Ground Station Operations Working Group (LGSOWG).

This group, chaired by the USGS, will serve as a forum for the exchange of

policy, programmatic and management information among station operators and

the USGS.

C. Technical representatives from the Parties will participate in annual meetings of

the Landsat Technical Working Group (LTWG). This group, also chaired by the

USGS, will review and coordinate technical and operational aspects of USGS

international mission support.

ARTICLE 5 — SCIENCE AND APPLICATIONS DEVELOPMENT

1. The Parties will seek to identify opportunities for cooperation in improved

land remote sensing satellite data collection, user accessibility, and data

distribution.

2. The Parties will seek to identify opportunities to support new research in

the use of land remote sensing satellite data, and the development of

related applications to enhance land use practices, ecosystems

management, climate change research, and other areas of Earth systems

science.

3. The Parties will seek to cooperate in the support of global observation and

science programs involving the use of land remote sensing satellite data.

4. The Parties will consult with one another on best practices and improved

means of cooperation in the long-term archiving and preservation of land

remote sensing satellite data.

5. The Parties will share information and consider opportunities for training

and capacity building in the use of land remote sensing satellite data.

6. Subject to the provisions of Article 11, the Parties will share information

on their respective development and potential for cooperation in their

respective land remote sensing satellite missions.

Page 5 of 9
ARTICLE 6 — USER SERVICE ARRANGEMENTS

The USGS reserves the right to service the land remote sensing satellite data requests of

all users affiliated with U.S. Government programs.

ARTICLE 7 — FINANCIAL ARRANGEMENTS AND LEGAL AUTHORIZATION

1. The Parties shall be responsible for funding their respective activities

under this MOU. Additionally, SANSA, or its designated agent, shall pay

to the USGS, in a timely manner, any access fees described in any

mission-specific Annex(es). These fees are required to enable the USGS

to administer all operations in support of a global network of cooperating

ground receiving stations.

2. Obligations under this Agreement and any Implementing Annexes shall be

subject to the availability of funding obtained through each Party's

funding procedures.

3. Should either Party encounter budgetary problems that may affect the

activities carried out under this MOU that Party shall notify and consult

with the other Party in a timely manner in order to minimize the negative

impact of such problems on the cooperation.

ARTICLE 8 — DUTIES, FEES, AND TAXES

In accordance with its national laws and regulations, each Party shall seek to ensure free

customs clearance and waiver of all applicable duties, fees, and taxes for the import or

export of goods necessary for the implementation of this MOU. In the event that any

duties, fees, or taxes of any kind are nonetheless levied on such goods, such duties, fees,

or taxes shall be borne by the Party of the country levying them.

ARTICLE 9 — ENTRY AND EXIT OF PERSONNEL

On a reciprocal basis, each Party shall use reasonable efforts to facilitate, in accordance

with its laws and regulations, the entry to and exit from its territory of personnel engaged

in joint activities pursuant to this MOU.

ARTICLE 10 — LAWS, WARRANTIES, RIGHTS, AND LIABILITY

I . The activities under this MOU will be conducted in accordance with the

applicable laws and regulations of the Parties' countries, respectively, and

shall be subject to the availability of appropriate funds.

Page 6 of 9
2. The USGS does not warrant the suitability of its land remote sensing data for

any purpose and shall not be liable for any damage or injury brought about by

use of USGS land remote sensing satellite systems and their data.

3. The USGS retains the ownership right to all raw land remote sensing data

acquired by its satellites. Beyond the provisions of Article 3.B.3, the USGS

places no restrictions on SANSA to disclose, use, manipulate, generate

products from, distribute, or sell USGS land remote sensing satellite data.

ARTICLE 11— EXCHANGE OF TECHNICAL INFORMATION

Technical information exchanged between the Parties will be subject to the

applicable laws, regulations, and policies of the Parties' countries,

respectively. In the event it is necessary to exchange technical information

and the furnishing Party considers that such technical information is to be

protected for proprietary or export control purposes, such information must be

clearly marked with a legend indicating the country of origin, the conditions

of release, that the information relates to this MOU, and that it is furnished in

confidence.

2. The Parties USGS and SANSA will take all lawful steps available to prevent

disclosure of such protected or proprietary technical information without the

consent of the other Party and to ensure that it is used only for the purposes of

this MOU.

3. The USGS and SANSA may release to the public other general, non-technical

information regarding each other's programs or operations after ensuring,

through consultation with each other when necessary, that this information is

fairly and accurately represented.

4. The USGS and SANSA may exchange appropriate technical information and

documentation for the purposes of downlinking, processing, and archiving

USGS land remote sensing satellite data as well as for generating and

distributing products from that data.

ARTICLE 12 — CONSULTATIONS AND SETTLEMENT OF DISPUTES

1. The Parties shall consult, as appropriate, to review the implementation of

activities undertaken pursuant to this MOU, and to exchange views on

potential areas of future cooperation.

2. In the event questions arise regarding, the interpretation, application, or

implementation of activities under this MOU, the Program Managers of the

Parties shall endeavor to resolve the questions. If the Program Managers are

unable to reach an agreement, then the matter will be referred to a more

senior level of the Parties for joint resolution.

Page 7 of 9
ARTICLE 13 — ENTRY INTO FORCE, DURATION, AND TERMINATION

1. This MOU shall enter into force upon signature by both Parties and will be

valid for an initial period of 5 (five) years where after this MOU may be

reviewed and extended through mutual written consent of the Parties.

This MOU may be amended by mutual agreement of the Parties.

2. In the event that either of the Parties is unable to comply with any

provision of this MOU, either Party, after consultation with the other, shall

have the option of terminating this MOU, providing at least 30 days'

notice of such action, forwarded in writing by one Party to the other.

3. Notwithstanding termination or expiration of this MOU, the obligations of

the Parties set forth in Article 3.B.3, Article 3.8.7, Article 10.2, Article

10.3, Article 10.4, and Article 11 of this MOU shall continue to apply.

Page 8 of 9
ARTICLE 14 — SIGNATURE

IN WITNESS THEREOF, respective representatives of the Parties have signed this

Memorandum of Understanding.

For the United States Geological Survey

of the Department of the Interior:

Suzette M. Kimball, Ph.D.

Acting Director

U.S. Geological Survey

Reston, Virginia

tq rebrkeL,ioi

Date

For the South African National

Space Agency (SANSA):

411

if

D ardile Malinga

Chief Executive Offi

SANSA

Hartebeeshoek, South Africa

DPL9 Mok 2s,$3

Page 9 of 9
SF-08.0000

ACIS Ref. ID: 10544

ANNEX I

TO THE

MEMORANDUM OF UNDERSTANDING

BETWEEN THE

UNITED STATES GEOLOGICAL SURVEY

OF THE DEPARTMENT OF THE INTERIOR

AND THE

SOUTH AFRICAN NATIONAL SPACE AGENCY (SANSA)

FOR COOPERATION IN THE USE OF

U.S. LAND REMOTE SENSING SATELLITE DATA

DEFINITION OF TERMS

Page 1 of 3
Unless the context indicates otherwise, the words listed below shall have the following meaning:

Acquisition Radius:

An International Cooperator's (IC's) acquisition radius is that portion of the Earth over

which the satellite can communicate with an IC's ground station.

Browse:

Browse is a full resolution or sub-sampled Level OR or Level I digital image of the Earth

that can be viewed on a scene basis to quickly assess general ground area coverage, data

quality, and the spatial relationships between ground area coverage and cloud coverage. A

browse is an image with a reduced data volume to facilitate screening of archived Land

Remote Sensing Satellite Data. Specifications regarding browse images are documented in

the appropriate mission Data Format Control Book (DFCB) and made available by the

USGS.

Data Format: 

The Landsat Technical Working Group (LTWG) recommends the archive data format for

exchanging data between an International Cooperator and USGS archives. The archive data

exchange format for purposes of quality assessment and key government programs is

typically the lowest level of processed data available (i.e. Mission or Raw Computer

Compatible [RCC] Data) and is transferred electronically or on media. The archive data

exchange format is documented in the appropriate mission Data Validation and Exchange

Plan and associated Data Format Control Book (DFCB) and made available by the USGS.

Data Products Distribution Format: 

The USGS Land Remote Sensing Satellite Data products are Level-ORp (Level Zero

Reformatted Product) in HDF format and Level-1T (terrain corrected) in Geo-TIFF format.

International Cooperators may produce data products of their choice. ICs are encouraged,

but not required to produce Level ORp data products in HDF format, but are required to

distribute Level-1T data products in Geo-TIFF format. Specifications regarding Level-ORp

and Level-1T data products are documented in the appropriate mission Data Format Control

Book (DFCB) and made available by the USGS.

International Cooperator (IC): 

An International Cooperator (IC) is any non-U.S. Government agency or commercial

organization acting on behalf of or in cooperation with a foreign government or international

organization, which enters into an agreement with the USGS for purposes of receiving or

exchanging Land Remote Sensing Satellite Data.

Kev U.S. Government Programs:

Key U.S. Government Programs are any U.S. Government agencies and U.S. Government

contractors, other U.S. and foreign researchers and entities involved in the United States

Page 2 of 3
Global Change Research Program, and U.S. and foreign researchers and foreign and

international entities having signed a cooperative agreement with the United States

Government involving the use of USGS Land Remote Sensing Satellite Data for noncommercial purposes.

The United States Global Change Research Program is the Executive Branch program

responding to Public Law 101-606, the Global Change Research Act of 1990, and most

recently described in the annual report accompanying the President's budget entitled "Our

Changing Planet: The U.S. Climate Change Science Program for Fiscal Year 2012."

International counterpart programs of the U.S. Global Change Research Program are

discussed in Section V of "Our Changing Planet." These include the Intergovernmental

Panel on Climate Change, the World Climate Research Program, the International Council

on Science, and the Group on Earth Observations.

Mission Operations Center (MOC): 

The Mission Operations Center (MOC) consists of the people, procedures, and

hardware/software systems used for the successful execution of real-time spacecraft

operations and off-line scheduling and analysis activities. All command and control

functions of the spacecraft performed by the Flight Operations Team (FOT) will take place

from the MOC.

Metadata:

Metadata is descriptive information pertaining to the USGS Land Remote Sensing Satellite

Data, including such information as location and acquisition date, compiled for Level OR

and Level-1 data, and made available through the USGS user interface. Specifications

regarding the metadata are documented in the Landsat Metadata Description Document

(LMDD) and made available by the USGS.

Raw Data: 

Raw Data is the USGS Land Remote Sensing Satellite Data in the form of wideband

telemetry transmitted by the satellite.

U.S. Government and Affiliated Users: 

U.S. Government and Affiliated Users are any Federal, State or local government agency

personnel and personnel from any organization performing cooperative work with or for

these government agencies.

USGS Land Remote Sensing Satellites: 

USGS Land Remote Sensing Satellites are any satellites owned and operated by the USGS

for the purposes of this agreement. These satellites may include, but are not limited to, the

Landsat missions.

Page 3 of 3
SF-08.0000

ACIS Ref. ID: 10545

ANNEX II

TO THE

MEMORANDUM OF UNDERSTANDING

BETWEEN THE

UNI'T'ED STATES GEOLOGICAL SURVEY

OF THE DEPARTMENT OF THE INTERIOR

AND THE

SOUTH AFRICAN NATIONAL SPACE AGENCY (SANSA)

FOR COOPERATION IN THE USE OF

U.S. LAND REMOTE SENSING SATELLITE DATA

LANDSAT 8

ANNUAL ACCESS FEE AGREEMENT

Page 1 of 4
ARTICLE 1— INTRODUCTION

Pursuant to Article 7 of the Memorandum of Understanding (MOU) between the United

States Geological. Survey of the Department of the Interior and South African National

Space Agency (SANSA) for the Direct Reception, Distribution, and Exchange of Land

Remote Sensing Satellite Data; U.S. Presidential Decision Directive/National Science

and Technology Council-3, as amended on October 16, 2000; and the Land Remote

Sensing Policy Act of 1992, the USGS has established a fee structure to enable it to

administer all operations in support of a global network of cooperating ground receiving

stations for direct reception of data from the Landsat 8 mission. This Annex sets forth

the related financial and administrative terms and conditions for Landsat 8 cooperation

between the USGS and SANSA.

ARTICLE 2 — FEE STRUCTURE

The fee structure comprises a one-time initialization fee and an annual access fee. If

SANSA moves a receiving antenna to a new location greater than 50 kilometers from its

original location, an antenna move fee will be assessed. The annual access fee will be

payable for the United States Government (USG) Fiscal Year, which begins on October 1

and ends on September 30, and may be prorated to the remaining portion of the USG

Fiscal Year, from the start date for direct transmission of Landsat 8 data to September 30.

The initialization fee for a new IC or a new IC station is U.S. $35,000 for each receiving

site. The total initialization fee for SANSA will be U.S. $0 for the receiving site(s)

located at Hartebeeshoek.

The antenna move fee is U.S. $15,000 and will be billed each time a station is moved a

distance greater than 50 kilometers.

The annual access fee is U.S. $100,000 for a single station operation. Each additional

ground station has an annual access fee of U.S. $50,000. The total annual access fee for

SANSA will be U.S. $100,000 for the receiving site(s) located at Hartebeeshoek.

USG Fiscal Year 2013 is the base year for each of these fees.

ARTICLE 3 — PAYMENT SCHEDULE

The one-time initialization fee and antenna move fee, if applicable, are due and payable

30 days prior to SANSA reception of Landsat 8 data.

The annual access fee will be payable annually by SANSA. SANSA will receive an

annual bill 30 days prior to the start of the USG Fiscal Year (billing date of September 1).

Annual payments by SANSA will be due at the start of the USG Fiscal Year (October 1).

Page 2 of 4
The USGS reserves the right to terminate transmission of Landsat 8 data to SANSA at

any time that SANSA is in arrears in its payments to the USGS or is delinquent in

regularly scheduled delivery of raw telemetry data to the USGS in accordance with MOU

Article 3.A.3. The USGS will notify SANSA 30 days in advance of its intention to

terminate transmission for these reasons. Payments may be by check or wire transfer in

U.S. dollars. Payments by check shall be in U.S. dollars and shall be payable to:

Department of the Interior/USGS

Payments by check shall be mailed to

USGS Office of Financial Management

271 National Center

12201 Sunrise Valley Drive

Reston, Virginia, 20192 USA

Payments by wire transfer shall be in U.S. dollars and transferred to the USGS's bank

account. The USGS will provide exact wire transfer information with each billing.

All payments must be received within 30 days from the date of invoice. Charges for late

payment will be at the U. S. Treasury Department prevailing rate on the overdue balance

for each 30-day period or portion thereof that payment is delayed.

ARTICLE 4 — FEE CHANGES

While USGS reserves the right to make modifications to the annual access fee used in

this fee structure, it is the USGS's intent to minimize the changes to the fee structure

during the life of the Landsat 8 mission. For the Landsat 8 mission, a 3% annual increase

is planned to account for average annual rates of inflation. Reasonable notification of

any proposed change to these fees (initialization, antenna move, and annual access fees),

taking into account the budget cycles of the parties, shall be provided in writing by the

USGS to SANSA 60 days prior to the implementation of the proposed change. Any

proposed fee change would not exceed 10% of the current annual access fee.

For budget planning purposes the anticipated annual access fee structure is as follows:

Year 1 Year 2 (+3%) Year 3 (+3%) Year 4 (+3%)

One Site U.S. $100,000 U.S. $103,000 U.S. $106,090 U.S. $109,273

ARTICLE 5 — CONTINGENCIES

The USGS, in consultation with SANSA, may curtail or terminate the transmission of

data and adjust the annual access fees if the USGS is unable to satisfy data requests due

to spacecraft system capability limitations or ground receiving stations conflicts.

Page 3 of 4
ARTICLE 6— DURATION AND AMENDMENT

This Annex will remain in effect for as long as the MOU remains in force, and it may be

amended by mutual consent of USGS and SANSA through an Exchange of Letters.

At the beginning of each new USG Fiscal Year, the USGS and SANSA will review this

Annex and revise it if necessary.

ARTICLE 7— AUTHORIZING SIGNATURES

The signatures of the authorized officials below signify the agreement by the Parties to

the terms of this annex.

For the United States Geological Survey

of the Department of the Interior:

fit IL 

Suzette M. Kimball, PhD.

Acting Director

U.S. Geological Survey

Reston, Virginia

For the South African National

Space Age cy (SANSA):

le Malinga

C xecutive Officer

SANSA

Hartebeeshoek, South Africa

a.af 20 13 

Date

Page 4 of 4