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The Senate and Chamber of Deputies of the Argentine Nation assembled in Congress, etc. sanction with force of Law:
ARTICLE 1 Appropriate the agreement between the Government of the ARGENTINA REPUBLIC and the EUROPEAN ESPACIAL AGENCE REFERENT TO SPACE COOPERATION FOR US PACIFICS, signed in Buenos Aires on 11 March 2002, which consists of NUEVE (9) articles, whose authenticated photocopy is part of this law. ARTICLE 2 Contact the national executive branch.IN THE SESSION OF THE ARGENTINE CONGRESS, IN GOOD AIRES, TO THE TRECE DAYS OF THE MONTH OF AUGUST OF THE YEAR.
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EDUARDO O. CHANGE. . JOSE L. GIOJA. . Eduardo D. Rollano. . Juan Estrada.
Agreed to the Government of the ARGENTIN REPUBLIC AND the EUROPEAN SPACE AUTHORITY REFERENT TO ESPACIAL COOPERATION FOR US PACIFICS
The Government of the Argentine Republic (hereinafter "the Argentina"), and
The European Space Agency (European Space Agency), established by the Convention that was open for signature in Paris on 30 May 1975 and entered into force on 30 October 1980 (hereinafter "the Agency"),
henceforth called "the Parties",
RECALLING that the purpose of the Agency is to provide and promote cooperation, for exclusively peaceful purposes, between European States in the field of space research and technology and their space applications,
NOTING that space has become a factor in technological, economic and cultural development,
CONSIDERING that Argentina has expressed its desire to cooperate with the Agency,
DESEANING the establishment of mechanisms to facilitate and enhance cooperation among Parties in activities that benefit both related to the peaceful use of outer space,
Agreed to the benefits that this cooperation can provide to each Party,
TAKING IN CONSIDERATION the provisions of the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies, of 27 January 1967, and other multilateral agreements on the exploration and use of outer space to which the Argentine Republic and the Member States of the Agency are party, and which have been accepted by the Agency,
IN ACCORDANCE with the Agreement between the European Space Agency and the National Commission for Space Activities (hereinafter the CONAE) of Argentina regarding the direct receipt, archive, processing and distribution of SAR data from ERS- 1 and ERS-2 satellites signed on 7 October 1997,
INCLUDING IN ACCORDANCE with the Agency ' s Convention of Creation and, in particular, its Article XIV.1, on international cooperation, which states that "the Agency may, by decisions of the Council made by a unanimous vote of all member States, cooperate with other international organizations and institutions and with Governments, organizations and institutions of non-member States and conclude agreements with them for this purpose".
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ARTICLE 1
Object
The purpose of this Agreement is to establish a legal framework for cooperation between Parties in the field of research and the peaceful use of outer space and the conditions for the implementation of projects of mutual interest.
ARTICLE 2
Areas of cooperation
1. Each Party shall keep the other informed of all its activities and programmes and progress. It shall also undertake regular consultations with the other Party, in accordance with the procedures set out in Article 3 of this Agreement, on areas that offer possibilities for cooperation.
2. Among the areas for which the Parties consider cooperation possible under this Agreement, specific mention is:
a. Space science, in particular space astronomy and astrophysics, the exploration of the solar system and solar-terrestrial physics;
b. Research and applications of Earth observation, in particular environmental monitoring, meteorology, aeronomy and geodesy, emergency management;
c. Telecommunications, in particular, demonstrations of satellite services and navigation;
d. Research in microgravity, in particular biology and space medicine, and materials processing; e. Engineering and use of land segments.
From the signing of this Agreement, in accordance with Article 3.1 thereof, CONAE, on behalf of Argentina, shall notify the Agency of the areas in which it has a particular interest. In identifying a programme of mutual interest, Parties shall sign specific implementation agreements that define the rights and obligations of each Party in accordance with Article 3.1 of this Agreement.
3. With a view to undertaking cooperation projects in areas identified under paragraph 2 of this Article, Parties agree to facilitate the exchange of scientists and engineers, the exchange of information, as well as contacts between the industries involved.
4. Cooperation will also include:
a. Granting of scholarships to allow persons designated by any Party to receive training or other scientific or technical activities in the institutions proposed by the Party granting the grant;
b. the exchange of experts to participate in studies;
c. the joint holding of conferences and symposiums;
d. the joint promotion of the use of products and services developed under the Agency ' s programmes;
e. promotion of educational activities related to space science and technology;
f. the provision of views and assistance of experts in the management of space projects.
5. Where appropriate, the Parties shall undertake mutual consultations on matters of common concern related to the exploration and use of space and outer space that are part of the Agenda for the Meetings of International Agencies.
6. The Parties shall promote international cooperation in the study of legal matters of mutual interest that may arise from the exploration and use of outer space.
ARTICLE 3
Implementation modes
1. In order to implement cooperation in programmes of common interest, as detailed in Article 2 of this Agreement, the Parties shall negotiate and agree on specific implementation agreements in each case.
Argentina designates CONAE to comply with this Agreement and authorizes it to subscribe on its behalf the above-mentioned provisions for its implementation.
2. Each Party shall designate a "point of contact", which shall be responsible for monitoring the implementation of this Agreement and for taking measures that contribute to the further development of cooperation activities. Such points of contact shall be the normal channel for communication of proposals for cooperation between Parties.
3. Joint working groups may be established to analyse in detail the proposals made in the areas allocated to them by the Parties and to make recommendations to the Parties.
4. The contact points designated under paragraph 2 of this Article shall hold special meetings, as often as necessary, to analyse progress in the implementation of this Agreement.
5. In order to fulfil its obligations under this Agreement, each Party shall bear its own costs.
6. Argentina agrees to provide administrative assistance for the implementation of this Agreement, particularly with regard to facilitating the entry and departure of persons to the country and the import and export of goods and materials related to the projects agreed upon by the Parties under this Agreement, including the exemption of charges normally applied to imports and exports referred to in Article 5 of this Agreement. CONAE shall issue certificates for the import and export of goods and materials related to the projects agreed upon by the Parties for submission to the customs authorities. Such certificates shall ensure that imported or exported goods and materials shall be used in the course of projects agreed upon by the Parties.
ARTICLE 4
Information and data
1. Parties shall exchange scientific and technical information of mutual interest related to space science, technology and applications through the transmission of technical and scientific reports and notes, which comply with the respective regulations on the dissemination of information and data.
2. Each Party shall make available to the other the technical and scientific information it obtains during the course of joint experiments or projects, subject to compliance with the rules that are mutually agreed upon in relation to the dissemination of information and data.
3. In the event that one of the Parties surrenders to the other property, data or information, the receiving Party shall agree on a degree of protection, the corresponding intellectual property rights, which is at least equivalent to those provided by the legal system applicable to the supplier Party. The special measures to be taken, at the discretion of the supplier Party, in order to achieve such protection shall be subject to mutual agreement between the Parties.
ARTICLE 5
Privileges and immunities
1. For all activities undertaken in Argentina within the framework of this Agreement, the Agency shall have legal status in Argentine territory. To that end, the Government of Argentina will grant the Agency the privileges and immunities provided for in the Convention on the Privileges and Immunities of the specialized agencies, adopted by the General Assembly of the United Nations on 21 November 1947, and to enter into force in Argentina on 10 October 1963. It is understood that tax and tax exemptions provided for in the above-mentioned convention shall not apply to Agency officials who are also of Argentine nationality or have permanent residence in Argentina at the time of their appointment as Agency officials.
2. For each specific programme of common interest, the implementation of such privileges and immunities shall be detailed in the implementing agreements referred to in Article 3.1 of this Agreement.
ARTICLE 6
Staff exchange
In the light of Article 5 of this Agreement, Argentina will facilitate and expedite the movement of persons necessary for the implementation of this Agreement to and from Argentine territory subject to applicable national legislation and regulation. The Agency, subject to the applicable national legislation and regulations of its member States, will facilitate and expedite the movement of persons necessary for the implementation of this Agreement to and from the territories of its member States.
ARTICLE 7
Legal responsibility
Subject to any other term containing the implementation agreements referred to in Article 2.2 above, each Party shall be liable for any loss or damage to its personnel or property that it maintains for the performance of the activities provided for in this Agreement, except in the case of voluntary injury or serious negligence of the other Party.
ARTICLE 8
Dispute Settlement
1. Disputes relating to the interpretation or application of this Agreement shall, in principle, be resolved through mutual consultations between the Parties. If there were any issues that could not be resolved through mutual consultations, and which still required a solution, that question would be submitted, at the request of any Party, to an arbitration tribunal, composed of a representative by each Party and a President appointed by agreement between the Parties, or if an agreement on this subject could not be reached by the President of the International Court of Justice. The decision of the court shall be final and binding on both Parties.
2. Execution agreements referred to in Article 2.2 of this Agreement shall include their own provisions with respect to the settlement of disputes, which shall include in turn the procedures and modalities of arbitration.
ARTICLE 9
Entry into force - Amendments
1. The Agreement shall enter into force from the moment Argentina informs the Agency, in writing, that all the procedures necessary for its entry into force have been completed.
2. The provisions of Articles 1, 2, 3 and 4 of this Agreement shall be applied from the date of signature by both Parties.
3. This Agreement shall apply for a period of five years from the date of entry into force.
4. The Agreement may be extended and/or amended by mutual written agreement.
5. After two years of signature, this Agreement may be terminated by any Party by written notice within six months. In the latter case, the provisions of this Agreement shall, however, remain in force for the time and to the extent necessary to ensure that all specific implementing agreements signed pursuant to Article 3.1 of this Agreement are implemented and that they remain effective as at the date on which this Agreement ceases to be valid.
Made in Buenos Aires, on the 11th day of the month of March 2002, in two originals in Spanish and English, both texts with equal validity. The Agency will carry out translations into the French and German languages.
FIRMA By the Government of the Argentine Republic
FIRMA By the European Space Agency
