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TREATIES AND OTHER INTERNATIONAL ACTS SERIES 18-221
 

SPACE COOPERATION 

Vehicle Tracking and Communication Facilities 

Agreement Between the 

UNITED STATES OF AMERICA 

and AUSTRALIA 

Signed at Washington October 17, 2017 
 

 

 

 

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.” 
 

 

 

 

 

 

AUSTRALIA 

Space Cooperation: Vehicle Tracking and Communication 

Facilities 

Agreement signed at Washington October 17, 2017;
 

Entered into force February 21, 2018.
 
AGREEMENT BETWEEN 


THE GOVERNMENT OF THE UNITED STATES OF AMERICA 


AND 


THE GOVERNMENT OF AUSTRALIA 


FOR 


SPACE VEIDCLE TRACKING AND COMMUNICATION 


FACILITIES 

Preamble 


THE GOVERNMENT OF THE UNITED STATES OF AMERICA AND THE 

GOVERNMENT OF AUSTRALIA (hereinafter referred to as the "Parties"): 

BUILDING on more than fifty years of friendly and successful civil space cooperation in 

space vehicle tracking and communications; 

RECALLING the Agreement Between the Government ofAustralia and the Government 

ofthe United States ofAmerica Concerning Space Vehicle Tracking and Communications 

Facilities, dated May 29, 1980, as amended and extended by a series of exchanges of 

diplomatic notes, most recently with effect from February 26, 2014; 

RECOGNIZING the importance of their partnership and the strength of their 

collaborative relationship; 

RECOGNIZING the mutual benefits to be derived from this cooperative program; 

DEDICATED TO FOSTERING innovation in science and inspiring the next generation 

of scientists and engineers; 

HAVE agreed as follows: 

Article 1 - Purpose of Cooperation 

1. 	 This Agreement ("Agreement") provides the foundation for a Cooperative Program 

between the Parties that facilitates the use of space vehicle tracking and communication 

facilities in Australia ("Cooperative Program"). 

2. 	 The primary task of this Cooperative Program is to support the National Aeronautics 

and Space Administration (NASA) programs involving radio contact with human and 

robotic missions, scientific satellites and deep space probes exploring our solar system 

and beyond. The basic functions of the Cooperative Program include tracking, 

transmitting commands, and acquiring data/receiving signals from space vehicles. 

3. 	 This Agreement sets forth the general framework for the Cooperative Program in 

Australia and establishes that the detailed specifications regarding the management and 

operations of the Cooperative Program shall be addressed in the programmatic and 

technical documents as specified in Article 2.2 below. 

4. 	 All activities under this Agreement shall be carried out in accordance with the Parties' 

national laws and regulations, including those laws and regulations pertaining to export 

control and entry into and temporary stay in their territories. 

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Article 2 - Cooperating Agencies 

1. 	 The Cooperating Agency on the part of the Government of the United States of 

America shall be the National Aeronautics and Space Administration (NASA), and the 

Cooperating Agency on the part of the Government of Australia shall be the 

Commonwealth Scientific and Industrial Research Organisation (CSIRO). Either Party 

may give written notice to the other Party designating another agency as the 

Cooperating Agency. 

2. 	 The Cooperative Program shall continue to be conducted pursuant to a Cooperating 

Agency Arrangement (hereinafter called the "Arrangement") in addition to a contract 

("Contract") between the Cooperating Agencies of each Party or their designated 

representatives. 

(a) 	 The Arrangement shall address the responsibilities of each Cooperating Agency 

including matters such as: facilities and activities covered; functional 

responsibilities; financial responsibilities; spectrum management; 

communications; security; safety; and consultation. 

(b) 	 The Contract shall address the responsibilities of each Cooperating Agency 

including matters such as: provision of necessary technical equipment; 

responsibilities for equipment installation, operations, maintenance, and 

documentation; engineering design and construction of facilities; funding and 

reimbursement of costs associated with the design, construction, installation, 

operation and maintenance of equipment or facilities; allocation of risks; site 

management; technical reporting; intellectual property; requirements for obtaining 

radiofrequency licenses, accountability for and disposal of real and personal 

property; and provision of training. 

(c) 	 The Cooperating Agencies may conclude further arrangements consistent with the 

provisions of this Agreement. 

3. 	 Both the Arrangement and the Contract shall be consistent with the terms of this 

Agreement, and in the event of any inconsistency, this Agreement shall prevail. 

Should there be any discrepancy between the Contract and the Arrangement, the 

Contract shall prevail. 

Article 3 - Cooperative Program Facilities 

1. 	 The Cooperative Program shall utilise the following primary facilities: 

(a) 	 Canberra Deep Space Communication Complex, Tidbinbilla, Australian Capital 

Territory; 

(b) Tracking and Data Relay Satellite Ranging System, Alice Springs, Northern 

Territory; and 

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(c) Tracking and Data Relay Satellite Facility, Dongara, Western Australia. 

2. 	 Other facilities in Australia may be used for the Cooperative Program by agreement of 

the Cooperating Agencies. 

3. 	 The facilities specified in Article 3.1 may be used for independent scientific activities 

sponsored by the Government of Australia. However, such activities are to be 

conducted on a non-interference basis with NASA operations, and any additional 

operating costs resulting from such independent scientific activities would be borne by 

the Government of Australia. 

Article 4 Ownership of Equipment 

1. 	 The Government of the United States of America shall retain title to equipment, 

materials, supplies, and other movable property provided by or acquired in Australia by 

the Government of the United States of America, or on its behalf at its own expense, 

for the purposes of the activities under this Agreement. 

2. 	 Such property shall not be disposed of within Australia without the permission of the 

Cooperating Agency of the Government of Australia and in accordance with the 

Exchange ofNotes dated November 9, 1973 constituting an Agreement between the 

Government ofAustralia and the Government ofthe United States ofAmerica 

concerning the Disposal ofUnited States Government Excess Property in Australia, or, 

in the event that that Agreement should terminate, under conditions set forth in an 

Agreement between the Parties. 

Article 5 - Financial Arrangements 

Except as provided in the Contract referenced in Article 2.2 above, each P.drty shall bear 

the costs of discharging its respective obligations under this Agreement, including travel 

and subsistence of personnel and transportation of all equipment and other items for which 

it is responsible. The Parties' obligations under this Agreement are subject to the 

availability of appropriated funds and each Party's respective funding procedures. 

Article 6 - Transfer of Goods, Technology, Proprietary Data, and 


Technical Data Subject to Export Control 


1. 	 The Parties shall transfer only those goods, technology, proprietary data, or technical 

data (including software), any of which items may be export controlled, as is necessary · 

to fulfill their respective responsibilities under this Agreement. 

2. 	 The transfer of such goods, technology, proprietary data or technical data for the 

purpose of discharging the Parties' responsibi1ities with regard to interface, integration, 

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and safety shall normally be made without restriction, except as required by Article 1.4 

of this Agreement. 

3. 	 For purposes of this Article, references to a Party's "Contractor" shall include a Party's 

Contractors or any sub-contractors (including their sub-contractors) engaged in 

activities related to the performance of this Agreement. The Parties shall cause their 

Contractors to be bound by the provisions of this Article through contractual 

mechanisms or equivalent measures. 

4. 	 All transfers of goods, technology, proprietary data, or export-controlled technical data 

are subject to the following provisions: 

(a) 	 In the event a Party or its Contractor needs to transfer such goods, technology, or 

data for which protection is to be maintained, such goods shall be specifically 

identified and such data will be marked. 

(b) 	 The identification for such goods, technology, and the marking on such data shall 

indicate that the goods, technology, and data shall be used by the receiving Party 

or its Contractor only for the purposes of fulfilling its responsibilities in the 

performance of this Agreement, and that such goods, technology, and data shall 

not be disclosed or retransferred to a third party without the prior written 

permission of the furnishing Party or its Contractor. 

(c) 	 The receiving Party and its Contractors shall abide by the terms of the notice and 

protect any such goods, technology, and data from unauthorized use and 

disclosure. 

5. 	 All goods, technology, proprietary data, or export-controlled technical data exchanged 

in the performance of this Agreement shall be used by the receiving Party or its 

Contractor exclusively for the purposes of this Agreement. Upon completion of the 

activities in the performance of this Agreement, the receiving Party or its Contractor 

shall return or otherwise dispose of all exchanged goods, technology, and marked 

proprietary data or export-controlled technical data, as directed by the furnishing.Party 

or its Contractor. 

Article 7 - Intellectual Property Rights 

The Parties shall ensure adequate and effective protection of intellectual property created 

or furnished under this Agreement in accordance with the Contract referenced in Article 

2.2(b) of this Agreement. 

Article 8 - Release of Results and Public Information 

1. The Parties retain the right to release public information regarding their own activities 

under this Agreement. The Parties shall coordinate with each other in advance 

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concerning releasing to the public information that relates to the other Party's 

responsibilities or performance under this Agreement. 

2. 	 The Parties acknowledge that the following data or information does not constitute 

public information and that such data or information shall not be induded in any 

publication or presentation by a Party under this Article without the other Party's prior 

written permission: 

(a) Technology or technical data furnished by the other Party, in accordance with 

Article 6, which is identified as export-controlled; 

(b) Any information which is identified by the other Party as non-public or 


proprietary; or 


(c) 	Information about an invention of the other Party before an application for a 

patent (or similar form of protection in any country) corresponding to such 

invention has been filed covering the same, or a decision not to file has been 

made. 

Article 9 - Taxation 

1. 	 The Goveniment of Australia shall exempt from all taxes, duties and any other charges 

any equipment, materials, supplies, and other property and services purchased in 

Australia or brought into or removed from Australia for use in connection with the 

activities under this Agreement. 

2. 	 The Government of Australia shall refund the amount of any duties, taxes or any other 

charges, which may have been imposed or levied by, and paid to, the Government of 

Australia in respect of equipment, materials, supplies or other property and services 

which have been purchased by or on behalf of the Government of the United States of 

America in connection with activities under this Agreement, or which have been 

imported into Australia expressly for use in such connection. 

3. 	 The Government of Australia shall also facilitate the movement of goods into and out 

of its territory as necessary to comply with this Agreement. 

Article 10 - Exchange of Personnel and Access to Facilities 

L 	 To facilitate implementation of the activities conducted under this Agreement, the 

Parties may support the exchange of a limited number of personnel, including 

contractors and subcontractors, at an appropriate time and under conditions mutually 

agreed between the Cooperating Agencies. The Parties shall facilitate the entry into 

including stay and exit from their territories of persons not normally resident when 

employed or engaged as staff, consultants, contractors or subcontractors by the Parties 

in connection with the activities provided for in this Agreement. 

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2. 	 The effects for the personal and household use of such persons entering Australia for 

the purposes of the activities under this Agreement shall be permitted entry free of 

taxes, duties, and any other charges, in accordance with Australian law in effect at the 

date the goods are imported. 

3. 	 In accordance with the "Convention between the Government ofthe United States of 

America and the Government ofAustralia for the Avoidance ofDouble Taxation and 

the Prevention ofFiscal Evasion with respect to Taxes on Income" done at Sydney on 

6 August 1982 and the domestic laws of Australia, United States personnel sent to 

Australia by the United States Cooperating Agency for the purposes of activities under 

this Agreement shall be free from Australian income tax. 

4. 	 For the purposes of Article 9 relating to taxation, "United States personnel" means 

nationals of the United States of America not ordinarily resident in Australia and who 

are employees of the United States Government or the Cooperating Agency, including 

contractors and subcontractors. All other persons engaged or employed for the 

purposes of the activities under this Agreement shall be subject to applicable 

Australian taxation laws. 

Article 11- Use of Australian Resources and Personnel 

The Government of the United States of America agrees to utilize to the maximum extent 

practicable Australian resources and personnel in activities conducted under this 

Agreement. 

Article 12 - Australia's National Security Requirements 

l. 	The Government of the United States of America shall undertake the following 

activities with respect to Australia's national security requirements: 

(a) 	 NASA shall allow technical understanding of the equipment associated with the 

facilities specified in Article 3.1, and the broader systems to which they contribute 

by the relevant Government of Australia agencies; 

(b) Notwithstanding NASA's status as an Agency of the United States Government, 

NASA shall allow the Government of Australia a right of access to the facilities 

specified in Article 3 .1 for the purpose of verifying compliance with Australian 

national security requirements, upon specific request, with adequate notice,· and 

with the presence of a NASA representative; 

(c) Any technical data obtained by the Government of Australia as a result of 

compliance inspections under paragraph (b) shall be treated in confidence and 

used for no other purpose than verifying compliance with Australian national 

security requirements; 

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(d) 	 In case the Government of Australia establishes deviation from its established 

national security requirements, NASA shall immediately bring the facilities 

specified in Article 3, 1 into compliance; 

(e) 	 NASA shall notify the Government of Australia of any changes to the role, 

function, capability or management of the faci1ities specified in Article 3.1; and 

(f) 	 NASA agrees to conduct the Cooperative Program only for the purpose of its 

official activities and programs and for peaceful purposes. NASA agrees not to 

use the Cooperative Program facilities, information collected through those 

facilities, or activities associated with the Cooperative Program for purposes that 

are contrary to Australia's sovereignty or national interests. 

Article 13 - Spectrum Management 

1. 	 The Government of Australia sha11 ensure that the radiofrequency bands licensed for 

the activities under this Agreement are and remain available to carry out these 

activities. 

2. 	 The Government of Australia shall take the necessary steps under Australian law to 

maintain international and domestic allocation of the radiofrequency bands necessary 

to carry out the activities under this Agreement. 

3. 	 The Government of Australia shall take the necessary steps to register the Facilities 

with the International Telecommunication Union, as appropriate, to facilitate the 

activities under this Agreement. 

4. 	 The Government of Australia shall take all reasonable steps to protect the Facilities 

used for the activities under this Agreement from harmful radiofrequency interference 

within Austr.tlia. 

5. 	 The operation of radio transmitting and receiving equipment for the activities under 

this Agreement shall comply with Australian law and the requirements of the relevant 

Australian authorities. 

Article 14 - Consultations and Settlement of Disputes 

1. 	 The Parties shall encourage their Cooperating Agencies to consult, as appropriate, to 

review the implementation of activities undertaken pursuant to this Agreement, and to 

exchange views on potential areas of future cooperation. 

2. 	 In the event questions arise regarding the implementation of activities under this 

Agreement or regarding the interpretation or application of this Agreement, the 

Cooperating Agencies shall endeavor to resolve the questions. 

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3. 	 If resolution is not reached by the Cooperating Agencies, the questions shall be 

rnsolved by means of consultations between the Parties. 

Article 15 - Amendments 

This Agreement may be amended at any time by written agreement of the Parties. 

Article 16 - Entry into Force and Termination 

L 	 This Agreement shall enter into force once the Parties have notified each other through 

diplomatic channels that their respective domestic requirements for entry into force 

have been completed. This Agreement shall enter into force on the latter date of these 

two notifications. The Agreement shall remain in force for twenty-five (25) years. 

Upon entry into force, this Agreement shall supersede the Agreement between the 

Government of the United States of America and the Government of Australia 

concerning Space Vehicle Tracking and Communication Facilities. done at Canberra 

on May 29, 1980, as amended and extended. 

2. 	 Either Party may terminate this Agreement by giving written notice of termination 

through the diplomatic channel after consultations between the Parties have occurred. 

Such termination shall take effect at least two (2) years after the date of written notice. 

DONE at Washington D.C., this 17th day of October 2017, in duplicate. 

For the Government of the For the Government of 

United States of America Australia 

1t ~ /'6,f 

Mr Robert M. Lightfoot Jr 	 tis Excellency t on Joe Hockey 

Acting Administrator Ambassador o Australia to the United 

National Aeronautics and Space States of America 

Administration 

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