TREATIES AND OTHER INTERNATIONAL ACTS SERIES 13-730 

________________________________________________________________________ 

SPACE COOPERATION 

Peaceful Uses 

 Agreement Between the 

UNITED STATES OF AMERICA 

and ARGENTINA 

Signed at Buenos Aires October 25, 2011 

with 

Annex 
 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.” 
ARGENTINA 

 Space Cooperation: Peaceful Uses 

 Agreement signed at Buenos Aires 

 October 25, 2011; 

 Entered into force July 30, 2013. 

 With annex. 
FRAMEWORK AGREEMENT

BETWEEN

THE GOVERNMENT OF THE UNITED STATES OF

AMERICA

AND

THE GOVERNMENT OF THE ARGENTINE

REPUBLIC

ON COOPERATION IN THE PEACEFUL

USES OF OUTER SPACE
TABLE OF CONTENTS

Page Number

ARTICLE 1 — PURPOSE 3

ARTICLE 2 — DEFINITIONS 3

ARTICLE 3 — SCOPE OF COOPERATION 5

ARTICLE 4 — IMPLEMENTING ARRANGEMENTS 6

ARTICLE 5 — FINANCIAL ARRANGEMENTS 6

ARTICLE 6 — DUTIES, FEES, AND TAXES 6

ARTICLE 7 — ENTRY AND EXIT OF PERSONNEL 7

ARTICLE 8 — OVERFLIGHT 7

ARTICLE 9 — INTELLECTUAL PROPERTY RIGHTS 7

ARTICLE 10 — PUBLICATION OF PUBLIC INFORMATION AND RESULTS 8

ARTICLE 11 — TRANSFER OF GOODS AND TECHNICAL DATA 9

ARTICLE 12 — CROSS-WAIVER OF LIABILITY 10

ARTICLE 13 — REGISTRATION OF SPACE OBJECTS 11

ARTICLE 14 — CONSULTATIONS AND SETTLEMENT OF DISPUTES 12

ARTICLE 15 — RELATIONSHIP TO OTHER AGREEMENTS 13

ARTICLE 16 — AMENDMENTS 13

ARTICLE 17 — ENTRY INTO FORCE AND DURATION 13

ARTICLE 18 — TERMINATION 13

ANNEX A 14

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NOTE: It appears that some of the page numbers are out of sequence with the Articles listed on thisTable of Contents. 
The Government of the United States of America and the Government of the Argentine

Republic;

RECALLING their long and fruitful cooperation in the exploration and peaceful use of

outer space, through the successful implementation of cooperative activities in a broad

range of space science and applications areas;

TAKING NOTE of the mutual benefit to be gained from working together in the

peaceful use of space for the welfare of all humankind;

CONSIDERING the desirability of enhanced cooperation between the two

Governments in human space flight, space science, and the use of space for research in

the Earth sciences and global change, with potential benefits to all nations;

TAKING INTO ACCOUNT the success of their joint projects under the Agreement

for Cooperation in the Civil Uses of Space, signed at Buenos Aires August 6, 1991, as

extended, which expired in 2006; and

DESIRING to re-establish an overall legal framework to facilitate the continuance of

the mutually beneficial relationship through the conclusion of implementing

arrangements to document a joint understanding of the future cooperative endeavors to

be undertaken between the Parties;

HAVE agreed as follows:

ARTICLE 1— PURPOSE

This Framework Agreement (hereinafter referred to as the "Agreement") sets forth the

obligations, terms and conditions for the cooperation between the Government of the

United States of America and the Government of the Argentine Republic (hereinafter

referred to as "the Parties"), or any designated Agency of either Party, in the exploration

and use of outer space for peaceful purposes in areas of common interest and on the

basis of equality and mutual benefit.

ARTICLE 2 — DEFINITIONS

For the purposes of this Agreement,

1. The term "Agency" means:

for Argentina, the National Commission on Space Activities (CONAE), or any

other Argentine agency or department that Argentina may decide to designate

in writing through diplomatic channels; and

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(ii) for the United States, the National Aeronautics and Space Administration

(NASA), or any other U.S. agency or department that the United States may

decide to designate in writing through diplomatic channels.

2. The term "Damage" means:

(i) bodily injury to, or other impairment of health of, or death of, any person;

(ii) damage to, loss of, or loss of use of any property;

(iii) loss of revenue or profits; or

(iv) other direct, indirect, or consequential damage;

3. The term "Launch Vehicle" means an object, or any part thereof, intended for

launch, launched from Earth, or returning to Earth, which carries Payloads or persons,

or both;

4. The term "Payload" means all property to be flown or used on or in a Launch

Vehicle;

5. The term "Protected Space Operations" means all activities conducted pursuant to

this Agreement, or any Implementing Arrangement concluded hereunder, including

Launch Vehicle activities, and Payload activities on Earth, in outer space, or in transit

between Earth and air space or outer space, in implementation of this Agreement.

Protected Space Operations begins on the date of entry into force of this Agreement and

ends when all activities done in implementation of this Agreement are completed. It

includes, but is not limited to:

(i) research, design, development, test, manufacture, assembly, integration,

operation, or use of Launch or Transfer Vehicles, Payloads, or instruments, as

well as related support equipment and facilities and services; and

(ii) all activities related to ground support, test, training, simulation, or guidance

and control equipment and related facilities or services;

"Protected Space Operations" excludes activities on Earth that are conducted on

return from space to develop further a Payload's product or process for use other

than for activities in implementation of this Agreement.

6. The term "Related Entity" means:

(1) a contractor or subcontractor of an Agency, at any tier;

The terms "contractor" and "subcontractor" include suppliers of any kind.

For the purpose of Article 12 (Cross-waiver of Liability), the term "Related Entity" also

means:

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(ii) a user or customer of an Agency, at any tier; or

(iii) a contractor or subcontractor of a user or customer of an Agency, at any tier.

For the purpose of Article 12, the term "Related Entity" may also apply to a State, an

international organization, or an agency, department, or institution of a State, having the

same relationship to a Party as described in subparagraphs (i) to (iii) above, or otherwise

engaged in the implementation of Protected Space Operations as defined in Article 2

paragraph 5 above.

7. The term "Transfer Vehicle" means any vehicle that operates in space and transfers

a Payload or person or both between two different space objects, between two different

places on the same space object, or between a space object and the surface of a celestial

body. A Transfer Vehicle also includes a vehicle that departs from and returns to the

same location on a space object.

ARTICLE 3 — SCOPE OF COOPERATION

1. The Parties shall identify areas of mutual interest and seek to develop cooperative

programs or projects, hereinafter referred to as "Programs," in the exploration and

peaceful uses of outer space and shall work closely together to this end.

2. These Programs may be undertaken, as mutually agreed, and subject to the provisions

of this Agreement and the specific terms and conditions of any Implementing

Arrangements concluded pursuant to Article 4, in the following areas.

a) E arth science, observation, and monitoring;

b) Space science;

c) E xploration systems;

d) Space operations; and

e) 0 ther relevant areas of mutual interest.

3. These Programs may be implemented using the following:

a) Spacecraft and space research platforms;

b) Scientific instruments onboard spacecraft and space research

platforms;

c) Space operations missions;

d) Sounding rocket and scientific balloon flights and campaigns;

e) Aircraft flights and campaigns;

f) Space communications, including ground-based antennas, for tracking,

telemetry, and data acquisition;

g) Ground-based research facilities;

h) Exchanges of scientific personnel;

i) Exchanges of scientific data;

j) Participation in joint workshops and meetings;

k) Terrestrial analogs;

1) Earth and space applications;

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m) Education and public outreach activities; and

n) Other mechanisms of mutual interest jointly decided in writing by the

Parties.

4. All activities taking place under this Agreement shall be conducted in a manner

consistent with the applicable national laws and regulations of the Parties.

5. These Programs may take place on the surface of the Earth, in air space, or in outer

space.

ARTICLE 4 — IMPLEMENTING ARRANGEMENTS

1. The Parties shall conduct joint activities under this Agreement through their

respective Agencies. Implementing Arrangements concluded by the Agencies shall

set forth the specific roles and commitments of the Agencies and shall include, as

appropriate, provisions related to the nature and scope of the joint activities, the

individual and joint commitments of the Agencies, and any other provisions

necessary to conduct the joint activities.

2. Such Implementing Arrangements shall incorporate by reference and be subject to

this Agreement.

3. The Parties shall ensure that their respective Agencies make reasonable efforts to

perform the commitments contained in the Implementing Arrangements.

ARTICLE 5 — FINANCIAL ARRANGEMENTS

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

Agreement or any Implementing Arrangement concluded hereunder. Obligations

under this Agreement and any Implementing Arrangements shall be subject to the

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

2. Each Party shall ensure that, should its Agency encounter funding problems that

may affect the activities to be carried out pursuant to this Agreement or any

Implementing Arrangement carried out hereunder, the Agency will notify and

consult with the other Agency as soon as possible.

3. This Agreement shall not prejudice the ability of the Parties to conclude other

agreements or arrangements regarding matters outside or within the scope of this

Agreement, as mutually agreed.

ARTICLE 6 — DUTIES, FEES, AND TAXES

In accordance with its national laws and regulations, each Party shall 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 Agreement. 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.

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ARTICLE 7 — 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 into and exit from its territory of personnel

engaged in joint activities pursuant to this Agreement.

ARTICLE 8 — OVERFLIGHT

Each Party shall facilitate, upon request from the other Party, the provision of aircraft and

balloon overflight clearances, as necessary, in order to carry out activities under

Implementing Arrangements established under this Agreement. Detailed information

regarding the purpose of the overflight, the proposed type of equipment to be used, and

the researchers involved shall be addressed, as appropriate, in the Implementing

Arrangements.

ARTICLE 9 — INTELLECTUAL PROPERTY RIGHTS

1. Nothing in this Agreement shall be construed as granting, either expressly or by

implication, to the other Party any rights to, or interest in, any inventions or works

of a Party, or its Agency's Related Entities made prior to the entry into force of, or

outside the scope of, this Agreement, including any patents (or similar forms of

protection in any country) corresponding to such inventions or any copyrights

corresponding to such works.

2. Any rights to, or interest in, any invention or work made in the performance of this

Agreement solely by one Party, or any of its Agency's Related Entities, including

any patents (or similar forms of protection in any country) corresponding to such

invention or any copyright corresponding to such work, shall be owned by such

Party, or its Agency's Related Entity. Allocation of rights to, or interest in, such

invention or work between such Party and its Agency's Related Entity shall be

determined by applicable laws, rules, regulations, and contractual obligations.

3. It is not anticipated that there will be any joint inventions made in the performance

of this Agreement. Nevertheless, in the event that an invention is jointly made by

the Parties and/or their Agencies' Related Entities in the performance of this

Agreement, the Parties shall, in good faith, consult and agree within 30 calendar

days as to:

a. the allocation of rights to, or interest in, such joint invention, including any

patents (or similar forms of protection in any country) corresponding to such

joint invention;

b. the responsibilities, costs, and actions to be taken to establish and maintain

patents (or similar forms of protection in any country) for each such joint

invention; and

c. the terms and conditions of any license or other rights to be exchanged between

the Parties or granted by one Party to the other Party.

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4. For any work jointly authored by the Parties and/or their Agencies' Related Entities,

should the Parties decide to register the copyright in such work, they shall, in good

faith, consult and agree as to the responsibilities, costs, and actions to be taken to

register copyright protection (in any country).

5. Subject to the provisions of Article 10 (Publication of Public Information and

Results) and Article 11 (Transfer of Goods and Technical Data), each Party shall

have an irrevocable royalty free right, for its own purposes, to reproduce, prepare

derivative works, distribute, and present publicly, and authorize others to do so on

its behalf, any copyrighted work resulting from activities undertaken in the

performance of this Agreement, regardless of whether the work was created solely

by, or on behalf of, the other Party or jointly with the other Party.

ARTICLE 10 — PUBLICATION OF PUBLIC INFORMATION AND RESULTS

I. 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 concerning releasing to the public information that relates to the other

Party's responsibilities or performance under this Agreement.

2. (a) The Parties shall make the final results obtained from joint activities available to

the general scientific community through publication in appropriate journals or by

presentations at scientific conferences as soon as possible and in a manner consistent

with good scientific practices.

(b) The Parties shall ensure that its Agencies include provisions for the sharing of

science data in the Implementing Arrangements.

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

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

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

prior written permission: (1) data furnished by the other Party in accordance with

Article 11 (Transfer of Goods and Technical Data) of this Agreement that is exportcontrolled or proprietary; or (2) information about an invention of the other Party

before a patent application has been filed covering the same, or a decision not to file

has been made.

ARTICLE 11— TRANSFER OF GOODS AND TECHNICAL DATA

1. The Parties are obligated to transfer only those goods and technical data (including

software) necessary to fulfill their respective responsibilities under this Agreement, in

accordance with the following provisions:

(a) All activities under this Agreement shall be carried out in accordance with the

Parties' national laws, rules, and regulations, including those laws, rules, and

regulations pertaining to export control and the control of classified information.

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(b) The transfer of technical data with regard to interface, integration, and safety for

the purpose of discharging the Parties' responsibilities under this Agreement shall

normally be made without restriction, except as provided in paragraph (a) above.

If design, manufacturing, processing data and associated software, which is

proprietary but not export controlled, is necessary for interface, integration, or

safety purposes, the transfer shall be made and the data and associated software

shall be appropriately marked.

(c) All transfers of goods and proprietary or export-controlled technical data are

subject to the following provisions. In the event a Party or its Agency's Related

Entity finds it necessary to transfer goods or to transfer proprietary or exportcontrolled technical data, for which protection is to be maintained, such goods shall

be specifically identified and such proprietary or export-controlled technical data

shall be marked. The identification of goods and the marking on proprietary or

export-controlled technical data will indicate that the goods and proprietary or

export-controlled technical data shall be used by the receiving Party or its

Agency's Related Entity only for the purposes of fulfilling the responsibilities of

the receiving Party or its Agency's Related Entity under this Agreement, and that

the identified goods and marked proprietary technical data or marked exportcontrolled technical data shall not be disclosed or retransferred to any other entity

without the prior written permission of the furnishing Party or its Agency's Related

Entity. The receiving Party or its Agency's Related Entity shall abide by the terms

of the notice and protect any such identified goods and marked proprietary

technical data or marked export-controlled technical data from unauthorized use

and disclosure. The Parties to this Agreement will cause their Agencies' Related

Entities to be bound by the provisions of this Article related to use, disclosure, and

retransfer of identified goods and marked technical data through contractual

mechanisms or equivalent measures.

2. All goods and marked proprietary or export-controlled technical data exchanged in

the performance of any Implementing Arrangement shall be used by the receiving

Party and/or its Agency's Related Entities exclusively for the purposes of that

Implementing Arrangement. Upon completion of the activities under an

Implementing Arrangement, the receiving Party or its Agency's Related Entity shall

return or, at the request of the furnishing Party or its Agency's Related Entity,

otherwise dispose of all goods and marked proprietary or export-controlled technical

data provided under the Implementing Arrangement.

ARTICLE 12 — CROSS-WAIVER OF LIABILITY

1. With respect to activities performed under this Agreement, the Parties agree that a

comprehensive cross-waiver of liability will further cooperation in the exploration,

exploitation and use of outer space. This cross-waiver of liability, as set out below,

shall be broadly construed to achieve this objective. Provided that the waiver of

claims is reciprocal, the Agencies may tailor the scope of the cross-waiver clause in

an Implementing Arrangement to address the specific circumstances of a particular

cooperation.

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2. (a) Each Party agrees to a cross-waiver of liability pursuant to which each Party

waives all claims against any of the entities or persons listed in sub-paragraphs

2(a)(i) through 2(a)(iii) below based on Damage arising out of Protected Space

Operations. This cross-waiver shall apply only if the person, entity, or property

causing the Damage is involved in Protected Space Operations and the person,

entity, or property damaged is damaged by virtue of its involvement in Protected

Space Operations. The cross-waiver shall apply to any claims for Damage,

whatever the legal basis for such claims, against:

(i) the other Party;

(ii) a Related Entity of the other Party's Agency;

(iii) the employees of any of the entities identified in sub-paragraphs (i) and

(ii) immediately above.

(b) In addition, each Party shall ensure that its Agency extends the cross-waiver of

liability as set forth in Article 12.2(a) to the Agency's Related Entities by requiring

them, by contract or otherwise, to agree to:

(i) waive all claims against the entities or persons identified in Article

12.2(a)(i) through Article 12.2(a)(iii); and

(ii) require that their Related Entities waive all claims against the entities or

persons identified in Article 12.2(a)(i) through Article I2.2(a)(iii) above.

(c) For avoidance of doubt, this cross-waiver of liability shall be applicable to

claims arising under the Convention on International Liability for Damage Caused

by Space Objects, done on March 29, 1972 (the "Liability Convention"), where the

person, entity, or property causing the Damage is involved in Protected Space

Operations and the person, entity, or property damaged is damaged by virtue of its

involvement in Protected Space Operations.

(d) Notwithstanding the other provisions of this Article, this cross-waiver of

liability shall not be applicable to:

(i) claims between a Party and its Agency's Related Entity or between an

Agency's own Related Entities;

(ii) claims made by a natural person, his/her estate, survivors, or subrogees

(except when a subrogee is a Party to this Agreement or is otherwise bound by

the terms of this cross-waiver) for bodily injury to, other impairment of health

of, or death of such natural person;

(iii) claims for Damage caused by willful misconduct;

(iv) intellectual property claims;

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(v) claims for Damage resulting from a failure of a Party's Agency to extend

the cross-waiver of liability to its Agencies' Related Entities, pursuant to Article

12.2(6); or

(vi) claims by or against a Party or its Agency's Related Entity arising out of

or relating to the other Party or its Agency's Related Entity's failure to perform

its obligations under this Agreement or any Implementing Arrangement

concluded hereunder.

(e) Nothing in this Article shall be construed to create the basis for a claim or suit

where none would otherwise exist.

(0 In the event of third-party claims for which the Parties may be liable, the Parties

shall consult promptly to determine an appropriate and equitable apportionment of

any potential liability and on the defense of any such claims.

3. For all activities conducted pursuant to this Agreement, or any Implementing

Arrangement concluded hereunder, that are International Space Station (ISS)

activities consistent with the 1998 Agreement Among the Government of Canada,

Governments of Member States of the European Space Agency, the Government of

Japan, the Government of the Russian Federation and the Government of the United

States of America concerning Cooperation on the Civil International Space Station

(IGA) and agreements concluded pursuant to Article 4.2 of the IGA, the CrossWaiver of Liability at Annex A and its definitions, rather than this Cross-Waiver

and the definitions in Article 2(2) — Article 2(7) above, shall apply.

ARTICLE 13 — REGISTRATION OF SPACE OBJECTS

For Implementing Arrangements involving a launch, the Parties shall ensure that their

Agencies decide which Agency will request its Government to register the spacecraft as

a space object in accordance with the Convention on the Registration of Objects

Launched into Outer Space, opened for signature on January 14, 1975. Registration

pursuant to this Article shall not affect the rights or obligations of either Party under the

Liability Convention.

ARTICLE 14 — CONSULTATIONS AND SETTLEMENT OF DISPUTES

1. The Parties shall encourage their 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

Program Managers of the Agencies 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 Agencies for joint resolution.

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ARTICLE 15 — RELATIONSHIP TO OTHER AGREEMENTS

If it appears that this Agreement conflicts with the rights and obligations of either Party

under any other agreement to which it is a party, the Parties shall consult with a view to

resolving the conflict.

ARTICLE 16 — AMENDMENTS

The Parties may amend this Agreement by mutual written agreement.

ARTICLE 17 — ENTRY INTO FORCE AND DURATION

This Agreement shall enter into force on the date of the last note of an exchange of

diplomatic notes in which the Parties notify each other of the completion of their

internal procedures necessary for the entry into force of this Agreement. This

Agreement shall remain in force for ten (10) years unless extended by written

agreement of the Parties or terminated in accordance with the provisions of Article 18.

ARTICLE 18 — TERMINATION

I. Either Party may terminate this Agreement by providing at least six months' written

notice to the other Party.

2. Termination or expiration of this Agreement shall not affect Implementing

Arrangements that are in effect at the time of termination or expiration of this

Agreement.

3. Notwithstanding the termination or expiration of this Agreement, its provisions

shall continue to apply to cooperation under any Implementing Arrangements in

effect at the time of termination or expiration, for the duration of such Implementing

Arrangements.

4. Notwithstanding termination or expiration of this Agreement or any Implementing

Arrangements concluded hereunder, the obligations of the Parties set forth in

Articles 9, 11, and 12 of this Agreement, concerning Intellectual Property Rights,

Transfer of Goods and Technical Data, and Cross-Waiver of Liability shall continue

to apply.

DONE at Buenos Aires, this 25th day of October, 2011, in duplicate, in the English and

Spanish languages, both language versions being equally authentic.

FOR THE GOVERNMENT OF THE FOR THE GOVERNMENT OF THE

UNITED STATES OF AMERICA: ARGENTINE REPUBLIC

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Annex A: Cross-Waiver of Liability for Activities Consistent with the

International Space Station Agreements

1.The objective of this Annex is to establish a cross-waiver of liability in the interest of

encouraging participation in the exploration, exploitation, and use of outer space

through the International Space Station (ISS). The Parties intend that the cross-waiver

of liability be broadly construed to achieve this objective.

2. For the purposes of this Annex:

a. The term "Damage" means:

(i) Bodily injury to, or other impairment of health of, or death of, any person;

(ii) Damage to, loss of, or loss of use of any property;

(iii) Loss of revenue or profits; or

(iv) Other direct, indirect, or consequential Damage.

b. The term "Launch Vehicle" means an object, or any part thereof, intended for launch,

launched from Earth, or returning to Earth which carries Payloads, persons, or both.

c. The term "Partner State" includes each Contracting Party for which the IGA has

entered into force, pursuant to Article 25 of the IGA or pursuant to any successor

agreement. A Partner State includes its Cooperating Agency. It also includes any entity

specified in the Memorandum of Understanding (MOU) between NASA and the

Government of Japan to assist the Government of Japan's Cooperating Agency in the

implementation of that MOU.

d. The term "Payload" means all property to be flown or used on or in a Launch Vehicle

or the ISS.

e. The term "Protected Space Operations" means all Launch Vehicle or Transfer

Vehicle activities, ISS activities, and Payload activities on Earth, in outer space, or in

transit between Earth and outer space in implementation of this Agreement, the IGA,

MOUs concluded pursuant to the IGA, and implementing arrangements. It includes, but

is not limited to:

(i) Research, design, development, test, manufacture, assembly, integration,

operation, or use of Launch Vehicles or Transfer Vehicles, the ISS, Payloads, or

instruments, as well as related support equipment and facilities and services; and

(ii) All activities related to ground support, test, training, simulation, or guidance

and control equipment and related facilities or services.

"Protected Space Operations" also includes all activities related to evolution of the ISS,

as provided for in Article 14 of the IGA.

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"Protected Space Operations" excludes activities on Earth which are conducted on

return from the ISS to develop further a Payloads product or process for use other than

for ISS-related activities in implementation of the IGA.

f. The term "Related Entity" means:

(i) A contractor or subcontractor of a Party or a Partner State at any tier;

(ii) A user or customer of a Party or a Partner State at any tier; or

(iii) A contractor or subcontractor of a user or customer of a Party or a Partner

State at any tier.

The terms "contractor" and "subcontractor" include suppliers of any kind.

The term "Related Entity" may also apply to a State, or an agency or institution of a

State, having the same relationship to a Partner State as described in paragraphs (2)(f)(i)

through (2)(f)(iii) of this Article or otherwise engaged in the implementation of

Protected Space Operations as defined in paragraph (2)(e) above.

g. The term "Transfer Vehicle" means any vehicle that operates in space and transfers

Payloads or persons or both between two different space objects, between two different

locations on the same space object, or between a space object and the surface of a

celestial body. A Transfer Vehicle also includes a vehicle that departs from and returns

to the same location on a space object.

3. Cross-waiver of liability:

a. Each Party agrees to a cross-waiver of liability pursuant to which each Party waives

all claims against any of the entities or persons listed in paragraphs (3)(a)(i) through

(3)(a)(iv) of this Article based on Damage arising out of Protected Space Operations.

This cross-waiver shall apply only if the person, entity, or property causing the Damage

is involved in Protected Space Operations and the person, entity, or property damaged is

damaged by virtue of its involvement in Protected Space Operations. The cross-waiver

shall apply to any claims for Damage, whatever the legal basis for such claims, against:

(i) Another Party;

(ii) A Partner State other than the United States of America;

(iii) A Related Entity of any entity identified in paragraph (3)(a)(i) or (3)(a)(ii)

of this Article; or

(iv) The employees of any of the entities identified in paragraphs (3)(a)(i)

through (3)(a)(iii) of this Article.

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b. In addition, each Party shall, by contract or otherwise, extend the cross-waiver of

liability, as set forth in paragraph (3)(a) of this Article, to its Related Entities by

requiring them, by contract or otherwise, to:

(i) Waive all claims against the entities or persons identified in paragraphs

(3)(a)(i) through (3)(a)(iv) of this Article; and

(ii) Require that their Related Entities waive all claims against the entities or

persons identified in paragraphs (3)(a)(i) through (3)(a)(iv) of this Article.

c. For avoidance of doubt, this cross-waiver of liability includes a cross-waiver of

claims arising from the Convention on International Liability for Damage Caused by

Space Objects, which entered into force on September 1, 1972, where the person, entity,

or property causing the Damage is involved in Protected Space Operations and the

person, entity, or property damaged is damaged by virtue of its involvement in

Protected Space Operations.

d. Notwithstanding the other provisions of this Article, this cross-waiver of liability

shall not be applicable to:

(i) Claims between a Party and its own Related Entity or between its own

Related Entities;

(ii) Claims made by a natural person, his/her estate, survivors or subrogees

(except when a subrogee is a Party to this Agreement or is otherwise bound by

the terms of this cross-waiver) for bodily injury to, or other impairment of health

of, or death of, such person;

(iii) Claims for Damage caused by willful misconduct;

(iv) Intellectual property claims;

(v) Claims for Damage resulting from a failure of a Party to extend the crosswaiver of liability to its Related Entities, pursuant to paragraph (3)(b) of this

Article; or

(vi) Claims by a Party arising out of or relating to another Party's failure to

perform its obligations under this Agreement.

e. Nothing in this Article shall be construed to create the basis for a claim or suit where

none would otherwise exist.

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