Key Benefits:
President of the Republic,
On the report of the Prime Minister and the Minister for Foreign Affairs,
Considering the Constitution, in particular articles 52 to 55;
Vu la Act No. 2012-1472 of 28 December 2012 authorizing the approval of the cooperation agreement between the Government of the French Republic and the Government of the Republic of Kazakhstan in the field of the exploration and use of outer space for peaceful purposes;
Vu le Decree No. 53-192 of 14 March 1953 amended on the ratification and publication of international commitments undertaken by France;
Vu le Decree No. 70-960 of 16 October 1970 publishing the treaty on principles governing the activities of States in the exploitation and use of outer space, including the moon and other celestial bodies, open for signature in London, Moscow and Washington on 27 January 1967;
Vu le Decree No. 2010-948 of 25 August 2010 publication of the Strategic Partnership Treaty between the French Republic and the Republic of Kazakhstan, signed in Paris on 11 June 2008,
Decrete:
The cooperation agreement between the Government of the French Republic and the Government of the Republic of Kazakhstan in the field of the exploration and use of outer space for peaceful purposes (a consolidated annex), signed in Astana on 6 October 2009, will be published in the Official Journal of the French Republic.
The Prime Minister and the Minister for Foreign Affairs are responsible for the execution of this Order, which will be published in the Official Journal of the French Republic.
A C C O R D
OF COOPERATION BETWEEN THE GOVERNMENT OF THE FRANÇAISE REPUBLIC AND THE GOVERNMENT OF THE KAZAKHSTAN REPUBLIC IN THE FIELD OF THE EXPLORATION AND USE OF SPACE EXTRA-ATMOSPHÉRIQUE À DES FINS PACIFIQUEs (ENSEMBLE ANNEX)
The Government of the French Republic
and
the Government of the Republic of Kazakhstan, hereafter referred to collectively as “the Parties” and individually “the Party”,
Desirous of developing their scientific and technical cooperation on a basis of equity and mutual benefit;
Considering the provisions of the Strategic Partnership Treaty between the French Republic and the Republic of Kazakhstan signed on 11 June 2008;
Recognizing that space technologies and their applications contribute to the economic development and well-being of the people of the French Republic and the Republic of Kazakhstan;
Referring to the conclusions of the 7th and 8th meetings of the Franco-Kazakhstanese Joint Commission on Economic Issues (at Astana on 19 May 2008 and in Paris on 2 March 2009);
Considering 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, as well as other multilateral treaties relating to the Principles Governing the Activities of States in the Exploration and Use of Outer Space, to which the Governments of the French Republic and the Republic of Kazakhstan are Parties;
Recognizing their respective commitments to non-proliferation of weapons of mass destruction and their means of delivery, as well as export control,
The following agreed:
Article 1
Subject
Parties develop and strengthen their scientific and technical cooperation in the field of the exploration and use of outer space for peaceful purposes.
All cooperation activities under this Agreement shall be carried out on a fair and reciprocal basis, with due regard to the interests of the Parties.
Article 2
Applicable law
Cooperation under this Agreement shall be carried out on the basis of the laws and regulations of each State, in accordance with international law and without prejudice to the rights and obligations of the Parties arising from the international commitments they have undertaken.
Article 3
Areas of cooperation
1. Within the framework of this Agreement, cooperation coordinated by the competent bodies may be implemented in the following areas:
- scientific research applied to the space field;
– space applications and services requiring space capabilities, including telemedicine, distance education, natural resource management, land use planning, environmental protection, prevention and reduction of natural hazards, meteorology;
- training of personnel in space activities;
— the study of legal issues related to the use of outer space.
Other areas of cooperation may be agreed between Parties in writing.
2. As part of this Agreement, Kazakhstanese companies and organizations and companies active in the space sector can implement industrial cooperation and carry out business activities on projects of common interest, including in the development and creation of space systems, in accordance with the laws and regulations of each State, including export control, as well as international commitments made by the Parties.
Article 4
Forms of cooperation
Cooperation in the areas listed in Article 3 paragraph 1 of this Agreement may be implemented in the following forms:
• exchange of information and data;
• exchange of technical and scientific experts and research personnel;
- joint organization of seminars, seminars and exhibitions;
development and implementation of joint projects.
Other forms of cooperation may be agreed between the Parties in writing.
Article 5
Relevant bodies
The competent bodies of the Parties authorized to organize cooperation under this Agreement (hereinafter referred to as "the competent bodies") are:
- for the French Party, the National Centre for Space Studies (CNES), as part of the cooperation under Article 3 paragraph 1 of this Agreement;
- for the Kazakhstan Party, the National Space Agency of the Republic of Kazakhstan (Kazkosmos).
Article 6
Organization of cooperation
1. In order to coordinate the cooperation provided for in Article 3, paragraph 1, of this Agreement, the Parties shall establish a joint committee (hereinafter referred to as the Committee) composed equally of members designated by the two Parties:
for the French Party, representatives of interested French departments and agencies, including the competent body of the French Party;
- for the Kazakhstan Party, representatives of the public authorities and interested bodies of the Republic of Kazakhstan, including the competent body of the Kazakhstan Party.
2. The Committee is committed to developing cooperation among Parties in the areas referred to in Article 3, paragraph 1, of this Agreement.
It is authorized:
- to develop the main directions of cooperation;
- to define, on a mutual information basis, the means to implement these guidelines and the corresponding subsequent measures;
to review the status of activities under this Agreement;
to consider any matters arising from the application of this Agreement.
3. The Committee may establish joint working groups to explore in detail aspects of cooperation.
4. The terms and conditions of the Committee's action are governed by a Rules of the Committee agreed by the Parties.
5. As part of the broad guidelines agreed by the Committee, the competent bodies jointly determine the cooperation activities and the conditions and modalities of their implementation, which are subject to separate arrangements between the competent bodies or the bodies authorized by them.
Article 7
Financing
Each Party shall fulfil its obligations under this Agreement and any specific arrangement subject to the availability of the relevant funds and in accordance with appropriate funding procedures.
Each Party shall fund by itself the cooperative activities carried out by it under Article 3 paragraph 1 of this Agreement.
Article 8
Measures to facilitate staff activities
In accordance with their national legislation, the Parties shall take measures to facilitate the exchange of personnel within the framework of this Agreement, in particular with regard to procedures for entry and residence in the territory of their State, as well as its exit.
Article 9
Intellectual property
Matters relating to intellectual property created or transmitted in the context of cooperation under Article 3, paragraph 1, of this Agreement shall be governed by the annex to this Agreement, which shall form an integral part.
Article 10
Exchanges and information protection
In accordance with the laws and regulations of each State and in accordance with the confidentiality conditions set out in the Annex to this Agreement, the Parties and their competent bodies shall encourage the exchange of relevant scientific and technical information and data, which may not be transferred to third parties without their mutual prior consent.
Article 11
Accountability
1. Parties and their competent bodies shall mutually waive any recourse to liability and compensation for damage to their personnel or property as a result of the implementation of joint activities in accordance with this Agreement.
2. Mutual waiver of liability remedies does not extend:
- remedies for damage caused intentionally or resulting from serious negligence or heavy misconduct;
- recourse to intellectual property;
- appeals brought by a natural person or his or her legal persons as a result of injury, other serious damage caused to his or her health or to the death of that person;
- appeals based on expressly stated contractual provisions.
3. The termination of this Agreement shall not terminate the rights and obligations of the Parties with respect to the incomplete programmes and projects undertaken under this Agreement.
Article 12
Export control
and Protection of Goods and Technologies
1. Any transfer of goods, technologies, information and data shall be carried out in accordance with the laws and regulations of each State applicable to export control and in accordance with their international commitments in this regard.
2. The protection of goods and technologies in the context of joint activities under Article 3, paragraph 2, of this Agreement may be subject to separate agreements.
Article 13
Customs forms
The French Party shall, in accordance with the national legislation of its State, make provisions to exempt from customs duties and taxes the goods and services necessary for the implementation of the cooperation conducted under Article 3 paragraph 1 of this Agreement.
The Kazakhstan Party shall, in accordance with the national legislation of its State, make provisions to exempt from customs duties and taxes the goods and services necessary for the implementation of cooperation under Article 3 of this Agreement.
Article 14
Settlement of disputes
The competent bodies shall endeavour to resolve amicably any disputes relating to the interpretation or execution of this Agreement.
If they fail to do so, the dispute is resolved through direct consultations or negotiations between the Parties.
Article 15
Final provisions
1. This Agreement shall be entered into for a period of five (5) years and shall be terminated for an indefinite period.
2. Each Party shall notify the other by diplomatic means of the fulfilment of the internal procedures required for the entry into force of this Agreement, which shall take effect on the first day of the month following the date of receipt of the last notification.
3. This Agreement may, at any time and in agreement between the Parties, be amended in writing.
4. Each Party may terminate this Agreement by written notification to the other Party through diplomatic channels. This Agreement shall cease to have effect on the expiration of six (6) months from the date of receipt of this notification. The termination of the present Agreement shall not jeopardize the rights and obligations of the Parties relating to activities that have been commenced under this Agreement.
Done in Astana on 6 October 2009 in double copy in French, Kazakh and Russian languages, all texts being equally authentic.
A N N E X E
TO THE ACCORD OF COOPERATION BETWEEN THE GOVERNMENT OF THE FRANÇAISE REPUBLIC AND THE GOVERNMENT OF THE KAZAKHSTAN REPUBLIC IN THE FIELD OF THE EXPLORATION AND USE OF THE EXTRA-ATMOSTERIOUS SPACE
Intellectual property and confidential information
For the purposes of this Agreement, the term "intellectual property" has the meaning assigned to it by Article 2 of the Convention establishing the World Intellectual Property Organization, concluded in Stockholm on 14 July 1967.
The Parties shall ensure the protection of intellectual property rights established or transmitted under this Agreement in accordance with the laws and regulations of each State, international conventions and the provisions of this Annex.
The competent bodies of the Parties shall, in a timely and mutually reinforcing manner, in any invention and work that may be protected and shall, as soon as possible, undertake appropriate formalities to protect intellectual property.
Section 1
Scope
The provisions of this Annex shall apply to activities under Article 3, paragraph 1, of this Agreement, unless otherwise agreed between the Parties or their competent bodies.
This Annex does not modify in any way the intellectual property regime applicable to the Parties, which is governed by the legislation of each Party, or the internal regulations of the competent bodies, and it cannot affect the international commitments entered into by the Parties.
Each Party or competent body shall hold all intellectual property rights acquired prior to the signing of this Agreement or any research conducted independently of this Agreement, which shall not be amended by the provisions of this Annex.
Section 2
Attribution of intellectual property rights
1. Unless otherwise agreed between the Parties or their competent bodies, intellectual property rights shall be granted with due regard to the financial, scientific and technological contributions of each Party or of each of the relevant bodies to the establishment of such intellectual property.
2. Publications – copyright:
Publications are covered by copyright. Parties or their competent bodies shall enjoy a non-exclusive and free right to the translation, reproduction and dissemination of articles, reports and scientific or technical reports relating to the cooperation activities carried out under this Agreement, subject to compliance with the confidentiality provisions set out in section 3 below. The terms and conditions for the exercise of this right are defined by the specific arrangements referred to in Article 6, paragraph 5, of this Agreement.
All copies must mention the author's name.
3. Research Activities ― Intellectual Property Rights:
3.1. A research activity is described as a joint as long as it is designated as such in the specific arrangements referred to in Article 6, paragraph 5, of this Agreement. The allocation of intellectual property rights resulting from joint research activities is made in accordance with the provisions of paragraph 3, paragraph 3.2., of this section.
3.2. In the case of joint research, Parties, their competent bodies or the bodies authorized by them shall endeavour to jointly develop a valuation plan to draw from the financial benefits of new technology. This plan may be developed either before the start of their cooperation is in the process of cooperation, as soon as one of the Parties, its competent bodies or the bodies authorized by it identify the creation of elements that may be protected by intellectual property rights. This technology development plan takes into account the respective contributions of Parties, their competent bodies and the bodies authorized by them to the research activity.
If the valuation plan cannot be established within the agreed time frames, it is the most expeditious Party ' s responsibility to protect the identified elements on its behalf. The Parties or their competent bodies shall then agree on the allocation of intellectual property rights under mutually agreed terms, taking into account the respective contributions of each Party and the costs associated with the protection of intellectual property.
3.3. In the case of research other than those that are described as joints, the modalities for attribution of intellectual property rights are defined by specific arrangements between the competent bodies or the bodies authorized by them. The question of access by a Party to the intellectual property of the other Party is decided on a case-by-case basis.
3.4. In the event that an intellectual property element cannot be protected by the law of one of the Parties, the Party whose legislation provides for such protection may protect it on behalf of both Parties. Parties shall immediately engage in discussions to determine the distribution of related intellectual property rights.
4. Exchanges of research personnel:
4.1. Researchers and scientific and technical experts of a Party authorized to work in an organization under the jurisdiction of the other Party are subject to the regime in force within that body with respect to intellectual property rights, excluding any premiums or royalties related to such rights, as defined by the rules of the body concerned with its staff.
4.2. Non-joint research publications are governed by separate arrangements between the competent bodies of the Parties or the bodies authorized by them.
5. Software:
5.1. The software developed within the framework of cooperation is the ownership of the Party or the competent body which has developed them and which holds on these software all copyright rights vested in the legislation of the Party concerned.
5.2. When it comes to software developed in common or co-financed by both Parties or their competent bodies, the regime applicable to these software is defined by specific agreements, including the distribution of royalties in the event of commercialization.
Section 3
Confidential information
1. The term "confidential information" means any know-how, technical data, information, regardless of form or support, which is communicated through cooperative activities conducted under this Agreement and shall meet the following conditions:
- this information is not known to third parties, nor accessible to third parties via other sources;
- they have not been previously communicated to third parties by their holder without being subject to a confidentiality obligation;
– they are not already held by the other Party without a confidentiality obligation.
2. Confidential information must be appropriately designated as such. The responsibility for this designation is vested in the Party or Parties, or the competent bodies, which require confidentiality of the information considered.
3. Confidential information shall be protected in accordance with the applicable law of each Party.
4. Confidential information may be provided by the Parties or their competent bodies to their own employees, unless otherwise provided in the specific agreements.
5. Confidential information so communicated can only be used within the scope of the specific agreements. Parties, or their competent bodies, undertake to make all necessary arrangements with respect to their employees in order to ensure compliance with the confidentiality obligations set out above.
Done on 19 April 2013.
François Hollande
By the President of the Republic:
The Prime Minister,
Jean-Marc Ayrault
Minister of Foreign Affairs,
Laurent Fabius
For the Government
of the Republic of
French:
Bernard Kouchner,
Minister of Affairs
Foreign and European
For the Government
of the Republic of
of Kazakhstan:
Talgat Moussabayev,
President of the Agency
National space
