Agreements Framework Agreement Between The Government Of Argentins And Ukrania - Approval - Full Text Of The Norm

Original Language Title: ACUERDOS ACUERDO MARCO ENTRE EL GOBIERNO DE ARGENTINS Y UCRANIA - APROBACION - Texto completo de la norma

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image inicio sitio infoleg MInisterio de Justicia y Derechos Humanos
Act 26.436 Approve the Framework Agreement between the Government of the Argentine Republic and the Government of Ukraine on Cooperation in the Pacific Uses of Outer Space, signed in Kiev deUkraine de, on 2 October 2006. Sanctioned: December 3, 2008 Cast: January 5, 2009

The Senate and Chamber of Deputies of the Argentine Nation assembled in Congress, etc. sanction with force of Law:

ARTICLE 1 Apply the MARCO AGREEMENT FOR THE GOVERNMENT OF THE ARGENTINA REPUBLIC AND THE GOVERNMENT OF UCRANIA ON COOPERATION IN THE US PACIFICS OF THE ULTRATERRESTRE SPACE, signed in Kiev .UCRANIA., on 2 October 2006, which consists of DIECISEcopIS (16) articles, in Spanish languages ARTICLE 2 Contact the national executive branch.

IN THE SESSION OF THE ARGENTINE CONGRESS, IN GOOD AIRES, TO THE THREE DAYS OF THE YEAR TWO MIL OCHO.

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JULY C. C. COBOS. EDUARDO A. FELLNER. . Enrique Hidalgo. . Juan H. Estrada.

I agree that the Government of the ARGENTIN REPUBLIC AND the Government of UCRANIA on cooperation in the United States of America

The Government of the Argentine Republic and the Government of Ukraine (hereinafter "the Parties"),

Wishing to strengthen traditional relations of friendship and cooperation between the two countries;

Taking into account the mutual interest in improving the peaceful uses of outer space;

In seeking to preserve outer space exclusively for peaceful purposes open to broad international cooperation;

Considering the terms 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 Treaties and Agreements on the Exploration and Use of Outer Space to which both States are parties;

Recognizing its commitments as members of the Missile Technology Control Regime (MTCR);

Taking into account the Declaration of Interest on Space Cooperation between the Argentine Republic and Ukraine, signed on 27 October 1995; Wishing to establish effective forms of bilateral cooperation in the field of space activities that can promote social, economic and cultural development for the benefit of the people of both countries;

With the objective of promoting trade and industrial cooperation among the private sectors of both countries in the space field;

They agreed on the following:

ARTICLE 1

Jurisdiction

In accordance with the legislation in force in each State and the norms and principles of universally accepted international law, the Parties shall promote cooperation between the two countries in the field of outer space research and the peaceful use of space.

ARTICLE 2

Implementing agencies

The Parties designate the National Commission on Space Activities (CONAE), and the National Space Agency of Ukraine (NSAU) respectively as executing agencies responsible for the development, coordination and control of the cooperation provided for in this Agreement.

ARTICLE 3

Areas of Cooperation

1. Cooperation under this Agreement may be carried out in the following areas:

(a) Basic space sciences, meteorology, remote sensing, geophysics and space, sciences applied to radio frequency, aeronomy, biotechnology, space, ionospheric and spatial plasma;

(b) Technological instrumentation and scientific space;

(c) Development of satellite systems for research, implementation and commercial purposes;

(d) Research and development of remote sensing systems on board;

(e) Space telecommunication;

(f) Space transport systems;

(g) Joint research and development, construction, production, launch operations and use of launchers, satellites and other space systems;

(h) Earth infrastructure of space systems, including launch centres;

2. The Executing Agencies may propose other areas of space cooperation that will be agreed between the Parties.

ARTICLE 4

Forms of Cooperation

1. Cooperation under this Agreement may be carried out in the following forms:

(a) Planning and implementation of joint space projects;

(b) Implementation of staff training and assistance programmes for the participation of scientific, engineering and technical staff in joint projects,

(c) exchange of scientists and technicians;

(d) Exchange of equipment, documentation, data, results of experiments and scientific and technological information;

(e) Development of industrial and commercial programmes in the areas of study and use of space systems and launch services;

(f) Associative cooperation of one Party in the satellite and launcher projects of the other Party which are explicit components of its national space programmes or capacities;

(g) Use of launchers and other space systems for the implementation of joint activities;

(h) Organizing symposiums and other joint scientific meetings;

(i) Cooperation in the areas of standardization, certification and methodology;

(j) Consultation and cooperation with government agencies, as well as academic institutions and other organizations;

(k) Promotion of joint ventures between the two Parties, including the establishment of joint ventures;

2. The executing agencies may propose other forms of cooperation, which will be agreed between the Parties.

ARTICLE 5

Implementation Agreements and Cooperation Programmes

1. In accordance with the areas and modalities of cooperation established in this Agreement, the executing agencies may, subject to the procedures established by the laws of their respective States, agree on specific cooperation programmes.

2. For the implementation of the Cooperation Programmes arising from the implementation of this Agreement, the Implementing Agencies will sign Implementation Agreements, which will determine the principles, rules and procedures related to the organization, implementation and, if necessary, financial support for such programmes.

3. Through mutual agreement, executing agencies may incorporate the participation of governmental and private institutions, legal persons and individuals from third countries in the Cooperation Programmes to be carried out under this Agreement.

ARTICLE 6

Joint Committee

1. The executing agencies will maintain a regular dialogue at the level of the highest authorities on the main topics of the bilateral relationship, as well as on issues of mutual and international interest.

2. This cooperation will be coordinated by a Joint Committee, which will consist of 2 members, 1 representative of CONAE and NSAU respectively. The Committee will hold annual meetings, during which the topics of cooperation will be discussed.

3. Such meetings would result in a written report, which should be approved by the relevant authorities of both agencies.

ARTICLE 7

Private Sector Participation

The Parties shall facilitate the establishment and development of cooperation in the areas of research and use of outer space for peaceful purposes, as well as the use of space systems by private or State industrial and commercial agencies or companies of both countries, ensuring the appropriate conditions for their participation in the cooperation programmes developed under this Agreement.

ARTICLE 8

Principles of Financing

1. Each Cooperation Programme shall be subject to a special Agreement between the relevant executing agencies, which shall define the scope and form of the Cooperation Programme, the individual and joint responsibilities of the participating executing agencies of the Programme and the financial conditions, as appropriate.

ARTICLE 9

Intellectual Property

1. The executing agencies undertake to ensure effective protection of intellectual property rights acquired within the framework of the Cooperation Programmes carried out pursuant to this Agreement, with due regard to the international agreements signed by the Parties.

2. The specific and detailed terms and conditions that determine the ownership of intellectual property rights will be defined in each Implementation Agreement, as appropriate.

3. Each executor agency shall inform its counterpart, in due course, of any invention or recorded work arising from the implementation of this Agreement and shall seek to protect such intellectual property as soon as possible.

ARTICLE 10

Confidentiality

1. Any information exchanged by the Implementing Agencies during the implementation of the Cooperation Programmes shall be considered confidential unless the CONAE and the NSAU express otherwise in writing.

2. Each Implementation Agreement shall define, among others, the terms and conditions governing the exchange of confidential information related to the Cooperation Programmes.

ARTICLE 11

Information Exchange

1. In accordance with the confidentiality conditions provided for in Article 10 of this Agreement, each executor agency shall provide its counterpart, with reciprocity and within a reasonable time, with access to the results of scientific research and work carried out jointly under this Agreement. To that end, they will promote the exchange of relevant scientific and technical information and data, which cannot be transferred to third parties without prior mutual consent.

2. Parties, through their executing agencies, and in accordance with national legislation on limited access to information, shall facilitate the mutual exchange of information on the basic directives of their respective national space plans.

ARTICLE 12

Customs and Staff Exchange Regulations

1. Subject to their respective national legislation, each Party undertakes to take the necessary measures to facilitate the release of customs for entry into its national territory, the permanence and departure of experts from the other Party participating in the Cooperation Programmes established under this Agreement.

2. Such measures will be completely reciprocal.

ARTICLE 13

Legal responsibility

1. The Parties and their respective executing agencies undertake to establish, in each Implementation Agreement, a specific system of accepting responsibility for the respective losses and damages. The Parties shall ensure, in accordance with their respective national legislation, that contractors, subcontractors and other participating entities associated with the Parties are part of this particular liability system.

2. In the case of claims arising based on the provisions of the "Convention on International Liability for Damage Caused by Space Objects" of 29 March 1972, the Parties shall promptly consult with each other on the implementation of the relevant articles of the said Convention.

ARTICLE 14

Settlement of divergences

1. Any divergence arising from the interpretation and implementation of this Agreement shall be resolved through direct negotiation between the executing agencies of the Parties. If an agreement is not reached, the dispute will be resolved through diplomatic channels.

2. Each Implementation Agreement shall include, inter alia, an arbitration clause defining procedures for settlement of divergences.

ARTICLE 15

International cooperation

This Agreement shall not interfere with the cooperation activities of any Party with other States and/or international agencies, or with the fulfilment of any Party with its obligations under agreements with other States and/or international agencies.

ARTICLE 16

Final provision

1. This Agreement shall enter into force on the date of the last notification of compliance by the Parties with the domestic legal procedures necessary for its entry into force.

2. This Agreement shall remain in force for a period of ten (10) years and shall be automatically renewed for subsequent periods of ten (10) years. This Agreement may be terminated by either party through a diplomatic note. The complaint shall take effect six (6) months after the notification date of the other Party.

3. In the event of the termination of this Agreement, its clauses shall remain in force for all programmes and projects that have not been completed, except in the event that the Parties agree otherwise. The termination of this Agreement shall not be used as a basis for the review or termination of commitments of a financial or contractual nature that are still in force, and shall not affect the rights and obligations of legal and physical persons that have arisen prior to the termination of this Agreement.

Made in Kiev, on 2 October 2006, in two originals of equal validity, each in the Spanish, Ukrainian and English languages. In case of differences in interpretation, the English version will prevail.

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NOTE: The English version is not published. The unpublished documentation can be consulted at the Central Headquarters of this National Directorate (Suipacha 767 - Autonomous City of Buenos Aires) and at www.boletinoficial.gov.ar